Loading...
HomeMy WebLinkAboutNovember 22, 1999 RegularAGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLUMBIA I:IEIGHTS MONDAY, NOVEMBER 22, 1999 7 P.M. CITY COUNCIL CHAMBERS, CITY HALL, 590 40TM AVENUE Auxiliary aids for handicaooed persons are available upon request when the reque.st is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. CALL TO ORDER/APPOINTING OF SECRETARY PRO TEM/ROLL CALL(Commencement of Cablecasting of Rep Mtg on Television.) 2. PLEDGE OF ALLEGIANCE 3. ADDmONS/DELETIONS TO MEETING AGENDA CONSENT AGENDA P~ ~M, ove to, approve_ Consent ~Asen~.a items as follows: ..... _:) ~p. prov_e Mip. u.tes ox me ~ovemoer 8~ 1999,_Regmar ~qunqil _a~.eeting ..... _2) .A~opt R_esol. ution No. 99-94, Pertaining to S.upport or- Anoka Henne0in Iechnicai College 3) A0opt Kesolution No. 99-93, Regard-rog Hazardous Property at 4417 N.E. Universl'ty Avenue !h hori~_.e Assistant Fire Chief's Attendance at National Fire Academy _ pt Cit~ide. ID S~ts_tem, _C~_s Card, .and City-~Owp. e.d Build,ri. ps S..ecurity :system orize'Purchase o/Boat, Motor, ano lrailer mr water ana ice ~escue _Adopt City's_R.e.cord. Retention Schedule Pending Final Approval by the Minnesota Department or-Administration _APprove Lic_ .c~.. e Applications Payment of Bills _AIiprove EDA Purchasintaogl!ran~i~erPOli and Authori R~/iuest Anoka Coupty Tax Forfeit Pr_ope_~ of 4501 Madison Street to the EDA, and'Approve Transfer of Funds for this Tax Foffett Property 1~ OCLAMATI NS PRESENTATIO SAND GUESTS B. Pre~ntafions - Presentation by Tom Dunwell of Buetow and Associates regarding the proposed multi-use center. C. Introduction of New Employ. ecs 1) Randy Schumacl/er, Community Development Assistant 2_) Franl~ Taylor, Police Officer D. Recognition PUBLIC HEARINGS A. :Second Read..mg of Ordinance No. 1401, _Regu.lat~ng _Consumption. in Public B. Second Readin~ of Ordinance No. 1402, Regulating Loitering in l'ossession of Open Bottle AF~,MS FOR CONSIDERATION · omer Orflln~c~S and R0~olufions- 1) First R _e!uling of Ordmance No. 1395, Being an Ordinance Amending Chapter 5A ofthe City Code of 1977 B. Bid Considerations C. Other Business 1) Authorize Staffto Purchase Three Sof~ware Packages from PC Solutions ADMINISTRATIVE REPORTS A. _Report o[tpe C_',ty Manager B. Report of the city Attorney GENERAL COUNCIL COMMUNICATIONS A. Minutes or'Board_and commission Me_etm_gs _ 1) Meeting o[the October 27, 1999, P~rk and Recreation commission 2) Meet.in~ o[t.he ~ovember 2, 1999, Public Library Board of.Tm, stees 3,) ,M, eet.in~ o[tne October 19. 1999, Economic Development Au~ority ~)) Mee~.' ~ o[the November 10, 1999. Human_ Services Commission 5) Meeting of the October 22, 1999, Charter commission 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA 11. Walter Fehst, City Manager WF/eb CITY OF COLUMBIA HEIGHTS 590 4OTH AVENUE N.£., COLUMBIA HEIGHTS, MN 85421-3878 (6 ! 2) 782-2800 TDD 782-2806 ADMINISTRATION Gary L. Peterzon Counci/members John Hunter Donald G. Jolly Marlaine ,~zurek Julienne Wyckoff Walter R. Fehst NOVEMBER 19, 1999 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, November 22, 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 8dmission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782 -2800, EXtension 209, to make arrangements. ~DD/782'2806 for deaf or h~ imlmired only)' ' ' : CAI.I. TO ORDER/APPOINTING OF SECRETARY PRO TEM,/ROLL CALL MOTION: Move to appoint Shelley Hanson as Secretary Pro Tem. 2___. PLEDGE OF ALLEGIANCE 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.) 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.) MOTION: Move to approve Consent Agenda items as follows: 1) Minutes for Approval MOTION: Move to approve the minutes of the November 8, 1999, Regular Council Meeting as presented. 2) Adopt Resolution No. 99-94, Pertaining to Anoka Hennepin Technical College MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 99-94, being a resolution pertaining to Anoka Hennepin Technical College.. 3) Adopt Resolution No. 99-93, Regarding Hazardous Property_ at 4417 N.E. University Avenue MOTION: Move to waive the reading of Resolution 99-93, there being ample copies available to the public. MOTION: Move to adopt Resolution 99-93, declaring the buildings on the property located at 44 17 N.E. University Avenue as hazardous, the structures/building must be razed, and the lot graded for future development. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY I='MPLOYER Agenda for Regular City Council Meeting of November 22, 1999 Page 2 4) 5) 6) 7) S) 9) 10) Il) Authorize Assist_a_nt Fire Chief's Attendance at National Fire Academy MOTION: Move to authorize the Assistant Fire Chief to attend the National Fire Academy in Emmitsburg, Maryland fi.om January 3 i, 2000 to February 11, 2000, and that expenses be reimbursed fi.om the appropriate account. Adopt Ci _tywide ID System, Gas Card, and City-Owned Buildings Security System MOTION: Move to authorize the City Manager and the Mayor to enter into a contract with Trans-Alarm Inc. for the software and hardware required to finish Phase II of the security system for City Hall at a cost of $21,400.93, including tax. Authorize Purch~qe of Bo0t,.Motor, and: Trailer,for Water and Ice Rescue MOTION: Move to authorize the City Manager and Fire Chief to purchase a Zodiac Mark 2 Compact rescue boat and Spartan Custom WCI trailer with tongue jack and tie downs fi.om Great American Marine of Bloomington, MN, for a total cost of $3,650.00 based upon low informal quotation; and further, authorize the City Manager and Fire Chief to purchase a 15 horsepower Yamaha 4-stroke motor fi.om Pierz Marine of Forest Lake, MN, for a total cost of $1,649.00, based upon low informal quotation. Adopt City's Record Retention Schedule Pending Final Approval by the Minnesota Department of Administration MOTION: Move to adopt the document entitled, "City General Records Retention Schedule" and to direct the City Manager to forward such document to the l~fmnesota Department of Administration for approval. Approve License Applications MOTION: Move to approve the items as listed on the business license agenda for November 22, 1999, and to waive the fees for Immaculate Conception Church and the City of Columbia Heights Liquor Department. Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. Approve EDA Purchasing Policy and Authority MOTION: Move to authorize the EDA Board to be empowered as a bi-lateral fiscal agent with the same authority as the City Council to process payments and other financial transactions necessary in administering the City's Community Development Block Grant Program effective January 1, 1999. Request An0ka County tO Transfer Tax Forfeit Property_ and Approve a Fund Transfer Toward the Purchase of 4501 M~dis0n Street N.E. MOTION: Move to recommend the City Council request Anoka County transfer the tax forfeit parcel at 4501 Madison Street NE to the Columbia Heights Economic Development Authority for the appraised value of $6,300 and to approve this amount be transferred from the Special Projects (Land) fund, 226-49846-5110, toward this purchase; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Age~da for Regular City Council Meeting of November 22, 1999 Page 3 PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Proclamations Presentation - Tom Dunwell, Buetow and Associates Brief presentation of most recent plans for the proposed multi-use center. Introduction of New Employees 1) Randy Schumacher, Community Development Assistant 2) Frank Taylor, Police Officer D. RecognitiOn PUBLIC HEARINGS Second Reading of Ordinance Regulating Consumvtion in Public MOTION: Move to waive the reading of the ordinance, there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1401, being an ordinance regulating consumption in public. Bo Second Reading of Ordinance Regulating Loitering in Possession of Oven Bottle MOTION: Move to waive the reading of the ordinance, there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1402, being an ordinance regulating loitering in possession of open bottle. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions l) First Reading of Ordinance No. 1395, Being an Ordinance Amending Chapter 5A of City_ Code of 1977 MOTION: Move to waive the reading of Ordinance No. 1395, there being ample copies available for the public. MOTION: Move to schedule the second reading of Ordinance No. 1395 for December 13, 1999, at approximately 7:00 p.m. B. Bid Considerations Other Business 1) Authorize Software Purchase from PC Solutions MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with PC Solutions for the purchase of BorderManager at $4,544; GroupWise at $9,867; and ZENworks at $4,494. Agenda for Regular City Council M~iing of Nov~mb~a' 22, 1999 Pag~ 4 ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) 2) 3) 4) 5) Meeting of the October 27, 1999, Park and Recreation Commission Meeting of the November 2, 1999, Public Library Board of Trustees Meeting ofthe October 19, 1999,.Economic Development Authority Meeting of the November 10, 1999, Human Services Commission Meeting of the October 21, 1999, Charter Commission 10. CITIZENS FORUM (At this time, citizens have an opportunity 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 public may address the Council regarding specific agenda items at the time the item is being discussed.) Walter Fehst, City Manager WF/cb OFFICIAL PROCEEDINGS COLUMBIA i~EIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 8, 1999 1 CAIJ. TO ORDER/APPOINTING OF SECRETARY PRO TEM,_/ROLL CALL The meeting was called to order at 7:00 p.m. by Mayor Peterson. Motion by Councilmember Jolly, seconded by Councilmember Szurek, to appoint Carole Blowers as Secretary Pro Tern. Motion passed unanimously. Roll Call: Peterson, Hunter, Jolly, Szurek, Wyckoffall present. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA - Item 4.A. 5) was removed from the consent agenda pertaining to the public meeting regarding the multi-use center referendum. - Item 4.A. 16) was added to the consent agenda pertaining to Resolution 99-92. - Item 5.D. "Guests" was added, for a donation presentation from the VFW Post 230. CONSENT AGENDA A. Motion by Councilmember Szurelq seconded by Councilmember Jolly, to approve Consent Agenda items as follows: 1) Minutes for Approval The Council approved the minutes of the October 25, 1999, Regular Council Meeting as presented. 2) Approve Transfer of Funds to Repay Fire Department Budget The Council approved the transfer of $1,878.19 received from Burlington Northern Santa Fe Railroad for the May 3, 1999, grass fire from the General Fund to account 101-42200- 1020; and further, to transfer $2,950.00 received from Burlington Northern Santa Fe Railroad for the May 3, 1999, grass fire from the General Fund to account 101-42200- 2282. 3) Authorize Purch~ of One Unmarked, Downsized Vehicle for the Police Department The Council authorized the purchase of one 1999 Ford Taurus unmarked mid-size vehicle from the State of Minnesota bid ~424587, in the amount of $15,726.86 including tax, funding to come from 431-42100-4150; and authorized the Mayor and City Manager to enter into a contract for same. 4) Approve Budget Appropriation for Community Center Promotions The Council approved a budget appropriation of $10,000 from the General Fund Undesignated Fund balance to the Recognition/Special Events Department in the General Fund for activities related to the proposed community center and referendum, and to appropriate $10,000 from the General Fund under Fund Balance to the Election Department in the General Fund to cover the cost of the referendum election. M~ting of Nove~b~ 8, 1999 s) Adopt Resolution Opposing Le~slation Revoking the City's Authority to Negotiate, Award, and Regulate Cable,Television,Franchises The reading of the resolution was waived, there being ample copies available to the public. RESOLUTION 99-90 BEING A RESOLUTION OPPOSING ANY LEGISLATION THAT WOULD REVOKE THE CITY'S AUTHORITY TO NEGOTIATE, AWARD, AND REGULATE CABLE TELEVISION FRANCHISES WHEREAS, the City of Columbia Heights has been granted the legal authority to negotiate, award, and regulate cable television franchises under both federal statute Title 6 and Minnesota State Statute Chapter 238; and WHEREAS, the City of Columbia Heights accepted the responsibility that comes with the awarding of the cable television franchise, including ensuring that the cable company meets the identified needs of the community such as community television and institutional networks and serving as a local resource to resolving customer service issues; and WHEREAS, state legislation has been proposed that would repeal Chapter 238 and revoke the City's authority to award a cable television franchise, eliminate the City as a local resource to its citizens for resolving customer service issues, and remove the City's ability to receive direct support for community television and other provisions that meet community needs; and WHEREAS, it has not been demonstrated by any means that local governments' role in cable franchising impedes in any manner the ability of cable and telecommunications companies to offer full and competitive services; and WHEREAS, while the City of Columbia Heights acknowledges the regulatory challenge of addressing the convergence of voice, video and data services, local governments are essential to any legislative discourse in this area and must retain authority to ensure continued local support for its community; NOW, THEREFORE, BE IT RESOLVED THAT, the City of Columbia Heights must retain its authority to franchise companies providing cable television services and is hereby opposed to any legislation that would revoke this authority and that it further asserts its Constitutional rights to retain its local authority to enter into contracts to serve its community. Passed this 8th day of November, 1999. Offered by: Szurek Seconded by: Jolly Roll Call: All Ayes Minutes of thc Regular City Council Meeting of November g, 1999 Page 3 6) 7) 8) 10) 11) Gary L. Peterson, Mayor William Elrite, City Clerk Authorize Amendment of the 1999 Police Department Budget The Council amended the 1999 Police Department budget by reappropriating the $6,000 that was budgeted for Project Safety Net to be used for other general youth activity programs to bring the city into compliance with the State oflWmnesota Grant Agreement g90478. Approve Correction to the October 11, 1999, City Council Minutes The Council approved a correction to page three of the October 11, 1999, city council minutes as noted on the council letter. Authorize Staffto Seek Bids for Purchase of a Wood Chipper The Council authorized staffto seek bids from the State of Minnesota Purchasing Contract for the replacement of Unit #38: Vermeer Brash Chipper. Authorize Designation of Two-Hour Parking in Front of 3844 Central Avenue The Council designated two-hour parking in front of 3844 Central Avenue based on a recommendation of the Troffic Commission. Accept Proposal for Subsurface Exploration/G-eotechnical Review Services for Central Avenue The Council accepted a proposal for subsurface exploration and geotechnical review services for the Central Avenue improvement project from American Engineering Testing, Inc. in an amount not-to-exceed $5,000; and furthermore, authorized the Mayor and City Manager to enter into an agreement for the same. Resolution Cert'ff-ying Special Assessments The reading of the resolution was waived, as there were ample copies available to the public. RESOLUTION NO. 99 - 88 CERTIFICATION OF SPECIAL ASSESSMENTS BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and he is hereby directed, to levy the special assessments on the properties in the City of Columbia Heights as submitted on the attached page and filed in the Assessment Book for 1999 as an additional amount of $20,766.56. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual real estate tax statements for the current year and identified thereon as "Special Assessments - Fund #82958". SAID LEVIES shall be enforced and collected in the manner provided for the enforcement Minutes of the Regular City Council Meeting of November g, 1999 Page 4 and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All assessments with penalties and interest as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. Passed this 8th day of November, 1999. Offered by: Szurek Seconded by: Jolly Roll Call: All ayes Gary L. Peterson, Mayor William Elrite, City Clerk 12) Resolution Designating Election Judges The reading of the resolution was waived, there being ample copies available for the public. RESOLUTION NO. 99-89 BEING A RESOLUTION DESIGNATING ELECTION JUDGES FOR THE 1999 SPECIAL ELECTION WHEREAS: There is a scheduled special election in the City of Columbia Heights; and WHEREAS: Pursuant to City Charter, Section 30, and M.S.S. 204A, the Council shall appoint qualified persons on each election district to be judges of election. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the attached list of judges, by precinct, for the Special Election to be held on December 14, 1999, with an hourly remuneration of $6.50 for head judge and $6.00 for an election judge. Passed this 8~ day of November, 1999. Offered by: Szurek Seconded by: Jolly Roll Call: All Ayes Gary Peterson, Mayor 13) William Ekite, City Clerk Approval of License Applications The Council approved the items as listed on the business license agenda for November 8, 1999. Minutes of the Regular City Council Mee~ng of November 8, 1999 Page 5 14) Payment of Bills The Council authorized payment of the bills as listed out of proper funds. Resolution 99-92, Resolution Electing to Continue Participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act The reading of the resolution was waived, there being ample copies available to the public. RESOLUTION 99-92 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing negotiated affordable and life-cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 2000, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 1999, can continue to participate under Minnesota Statutes Section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1999; and Co) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality: NOW, THEREFORE BE IT RESOLVED that the Columbia Heights City Council hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Minutes or,he Regular City Council M~ting of November g, 1999 Page 6 Communities Act during the calendar year 2000. PASSED THIS 8th DAY OF NOVEMBER, 1999. Offered by: Szurek Seconded by: Jolly Roll Call: AH Ayes Mayor Gary L. Peterson William Elrite, City Clerk Motion on consent items passed unanimously. The following item pulled from the consent agenda was then discussed: Authorize a Public Meeting Regarding the Multi-Use Center Referendum Tom Rarnsdell, Co-Chair of the Citizens Committee for the Multi-Use Center, spoke briefly reminding the public of the upcoming special election and the proposed public meeting on November 30~. A flyer, which Mr. RamsdeH presented to the Council, will be mailed to every eligible voter next week Motion by Councilmember Wyckoff, seconded by Councilmember Hunter, to authorize staff to hold a public meeting regarding the Multi-Use Center Referendum on Tuesday, November 30, 1999, at 7:00 p.m. at Murzyn Hall. Motion passed unanimously. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamations 1) November is Epilepsy Month in the City of Columbia Heights The Mayor read the proclamation that November is Epilepsy Month in the city of Columbia Heights. Doug Hill accepted the proclamation from Mayor Peterson and thanked the council for passing this proclamation and educating the public about epilepsy. 2) November 14-20 is American Education Week The Mayor read the proclamation that November 14-20 is American Education Week. Introduction of New Employees 1) Lan Vu, Assistant Liquor Operations Manager, was introduced by Finance Director Bill Elrite. 2) Barb Kelzenberg, part-time Accounting Clerk H, was also introduced by Finance Director Bill Elrite. C. Recognition - None. Minutes of the Regular City Council Meeting of November 8, 1999 Page 7 G~¢sts Commander Dick Shupien from ~ Post 230, and Brace Nawro¢ld presented a check for $1,000 to the Mayor for the Pire Department to purchase a second thermal imaging system. Dana Alexon, Acting Fire Cl~eg thanked the VFW for their generous donation. PUBLIC HEARINGS A. Rental License Revocation Hearing for 1407-09 Circle Terrace Dana Alexon, Acting Fire Chief, reviewed the history on the rental license for the property at 1407-09 Circle Terrace. At the City Council meeting of October 25, 1999, the council tabled revocation action until tonight's meeting, allowing extra time for the owner to come into compliance. Acting Fire ChiefAlexon stated that upon an inspection done November 5th, the storm windows have been either replaced or repaired. The additional violations (screens, landscaping, and scraping/painting of the exterior) are not life threatening. Dates to have the remaining items completed by were agreed upon, that being: Screens: Landscaping/Retaining Wall: Scraping/Outside Painting: To be replaced by May 1, 2000 or before To be done by June 15, 2000 To be done by June 15, 2000. Motion by Councilmember Jolly, seconded by Councilmember Szurek, to table further consideration of Resolution No. 99-77, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license of Susan Lowenthal regarding rental property at 1407-09 Circle Terrace until the first regularly scheduled City Council meeting after May 1, 2000. Motion passed unanimously. ITEMS FOR CONSIDERATION A. Other Ordinlmces and Resolutions 1) Resolution 99-91, Approving Transfer of Ownership Motion was made by Couneilmember Jolly, seconded by Councilmember Szurek, to waive the reading of the resolution, there being ample copies available to the public. Motion passed unanimously. RESOLUTION NO. 99-91 RESOLUTION CONSENTING TO ~ TRANSFER OF CONTROL OF AND CERTAIN OWNERSltlP INTERESTS IN A CABLE TELEVISION FRANCltISE TO AT&T CORP., OR AFFILIATES TltEREOF WHEREAS, the cable television franchise ("Franchise") of the City of Columbia Heights, Minnesota ("Authority") is currently owned and operated by MediaOne North Central Communications Corp. ("Franchisee"), an subsidiary of the parent company, MediaOne Group, Inc. ("MediaOne"); and WHEREAS, MediaOne intends to transfer control of Franchisee to AT&T Corp. M~ting of Novembor g, 1999 CAT&T") as a result of a parent company level merger pursuant to that certain Agreement and Plan of Merger dated May 6, 1999, (the "MediaOne/AT&T Agreement"); and WHEREAS, the Authority has received a request for consent to the transfer of control of Franchisee from MediaOne to AT&T ("MediaOne/AT&T Transfer"); and WHEREAS, no notice of breach or default under the Franchise has been issued by Authority within the past 12 months and none is outstanding; and WHEREAS, the Authority has determined that subject to certain conditions which must be met, AT&T possesses the requisite legal, technical and financial qualifications. NOW, THEREFORE, BE IT RESOLVED, that the MediaOneJAT&T Transfer is hereby consented to by the Authority and permitted conditioned upon: Execution and delivery of Acceptance Agreement acceptable to the Authority in the form attached hereto; .. Securing all necessary federal, state, and local government waivers, authorizations, or approvals relating to the MediaOne/AT&T transfer to the extent provided by law; Reimbursement of all reasonable fees incurred in the Authority's review of the proposed transaction as required by Franchise; The successful closing of the Transaction described in the MediaOneJAT&T Agreement; Non-waiver by Authority of any unknown yet existing franchise non-compliance issues; Non-waiver by Authority of any right to dispute here-to-date unaudited franchise fee payments; e Non-waiver by Authority of any right to require franchise fee payments on future services delivered by AT&T via the cable system; and ge Non-waiver by Authority of any right to pursue any remedies available, whether acted upon by Authority at the time of this approval, regarding Franchisee's compliance with customer service standards or other customer service obligations. BE IT RESOLVED FURTHER, that nothing herein shall be construed or interpreted to constitute any approval of, consent to or support for any proceeding currently pending before the FCC, or any other federal, state, or local government waivers, authorizations or approvals, other than that transaction described above. Meeting of November g, 1999 Page 9 BE IT RESOLVED FURTHER, that nothing herein shall waive or diminish any lawful authority of Authority in the future to require Franchisee to offer nondiscriminatory open access subject to applicable law, nor shall anything herein diminish or waive any lawful rights of Franchisee regarding Authority's authority to impose such conditions. Prior to the enactment of any such requirement, Franchisee shall be provided with reasonable notice and an opportunity to be heard. BE IT RESOLVED FURTHER, that AT&T may, from time to time, assign, grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender providing financing to AT&T ("Secured Party"), from time to time. Secured Party shall have no duty to preserve the confidentiality of the information provided in the Franchise with respect to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the order of any governmental authority, (c) consented to by the Authority or (d) any of such information which was, prior to the date of such disclosure, disclosed by the Authority to any third party and such party is not subject to any confidentiality or similar disclosure restriction with respect to such information subject, however, to each of the terms and conditions of the Franchise. ADOPTED this 8th day of November, 1999. Offered by: Jolly Seconded by: Szurek Roll Call: All Ayes Gary L. Peterson, Mayor William Elrite, City Clerk Stephen Guzzetta from the law firm of Berniek and Lifson was present to review the conditions of the agreement between the City and MediaOne transferring of control to AT & T Corporation. Mr. Guzzetta stated that this transfer does not violate any state or federal laws, that AT & T has sufficient money to consummate this transaction, and that Media Acquisitions Corporation needs to comply with our requests/requirements. Motion by Councilmember Jolly, seconded by Councilmember Szurek, to adopt Resolution 99-91, being a resolution consenting to the transfer of control of and certain ownership interests in a cable television franchise to AT & T Corporation, or affiliates thereof. Motion passed unanimously. 2) First Reading of Ordinance Regulating Consumption in Public Motion by Councilmember Szurek, seconded by Councilmember Hunter, to waive the reading of the ordinance, there being ample copies available for the public. Motion passed unanimously. Minutes of the Regular City Council Meeting of November 8, 1999 Page 10 ORDINANCE NO. 1401 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, PERTAINING TO CONSUMING IN PUBLIC The City of Columbia Heights does ordain: SECTION 1: Chapter 10, Section 113, Subdivision (15), of Ordinance No. 853, City Code of 1977, shall be amended to hereafter read as follows, to-wit: 10.113(15) Consuming in public. No person shall consume intoxicating liquor as defined by h/finnesota Statutes, Section 340A. 101, Subdivision 14, or nonintoxicating malt liquor as defined by Minnesota Statutes, Section 340A. 101, Subdivision 19, while (1) on a public street, highway, alley, sidewalk, boulevard, or any place frequented by the public; (2) on any private property without the consent of the owner of such property; or (3) while in a vehicle upon a public highway. This section shall not prohibit the consumption of such beverages at duly licensed on-sale premises, or if otherwise authorized by law. SECTION 2: This ordinance shah 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: November 8, 1999 Gary L. Peterson, Mayor William Elrite, City Clerk Police Chief Tom Johnson was present to discuss the background on this ordinance. He stated that staff looked at what the City of Minneapolis had done with this issue. He stated this ordinance would deal with drinking in unlicensed, public places. Motion by Councilmember Szurek, seconded by Counc'flmember Hunter, to schedule a second reading of Ordinance No. 1401, being an ordinance regulating Minutes ofthe Regular City Council Meeting of November 8, 1999 Page 11 consumption in public for November 22, 1999. Motion passed unanimously. 3) First R_~_dfing of Ordinance Regul0.ting Loitering in Possession of Open Bottle Motion by Councilmember Hunter, seconded by Councilmember Wyekoff, to waive the reading of the ordinance, there being ample copies available for the public. Motion passed unanimously. ORDINANCE NO. 1402 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977 PERTAINING TO LOITERING IN POSSESSION OF OPEN BOTTLE The City of Columbia Heights does ordain: SECTION 1: Chapter 10, Section 113, Subdivision (16), of Ordinance No. 853, City Code of 1977, shall be amended to hereafter read as follows, to-wit, 10.113(16) Loitering in possession of open bottle. No person shall loiter in any public street, highway, alley, sidewalk, boulevard, or any other public property, or on any private property without consent of the owner of such property, while in possession of any bottle or other receptacle containing intoxicating liquor or nonintoxicating malt liquor that has been opened, or the seal broken, or the contents partially removed, with intent to consume such intoxicating liquor or nonintoxicating malt liquor. This section shall not prohibit the possession of alcoholic beverages at duly licensed on-sale premises if otherwise authorized by law. SECTION 2: This ordinance shall be in full force and effect from and aRer thirty (30) days al~er its passage. First Reading: Second Reading: Date of Passage: November 8, 1999 Offered by: Seconded by: Roll Call: William Ekite, City Clerk Gary L. Peterson, Mayor Minutes of the Regular City Council Meeting of November 8, 1999 Page 12 Police Chief Tom Johnson stated that this ordinance is a companion ordinance to Ordinance No. 1401. This ordinance would allow for citing due to loitering in possession of an open bottle; the person would not have to be seen drinking out of the open bottle. Motion by Councilmember Hunter, seconded by Councilmember Wyckoff, to schedule a second reading of Ordinance No. 1402, being an ordinance regulating loitering in possession of open bottle for November 22, 1999. Motion passed unanimously. B. Bid Considerations - None. Other Business 1) Report of Final Storm Water Utili _W by SEH Kevin Hansen, Director of Public Works, stated that there will be an article on this issue in the fall Heights Happenings. The city is looking at financing for a storm water utility to come from sanitary sewer rates and refuse costs. The Council requested more detailed discussion on this report at a future work session. Motion by Councilmember Jolly, seconded by Councilmember Szurek, to accept the Storm Water Utility Report as prepared by Engineering Consultant, SEll. Motion passed unanimously. 2) Acquisition of Railroad Right-of-Way Along 39* Avenue Kevin Hansen, Director of Public Works, stated that this item is in regard to the removal of unused railroad track on the south side of Huset Park. The Purchase and Sale Agreement addressed the issue of how many days to remove the tracks (120), and then considers it abandoned. Some minor changes will need to be made to the contract regarding this issue according to the City Attorney. Motion by Councilmember Wyckoff, seconded by Councilmember Hunter, to authorize the acquisition of CP Railway land as described in the Purchase and Sale Agreement at a cost of $39,500; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Motion passed unanimously. a) Conditional Use Permit, 4022 Central Avenue N.E. (Sahib's Gateway to India Restaurant) Ken Anderson, Community Development Director, presented the information on the request for a conditional use permit for the property at 4022 Central Avenue N.E. Mr. Anderson stated that this item was to be dealt with by the Planning and Zoning Commission last Tuesday, November 2~. However, there was not a quorum, and therefore, after discussions with staffand our city attorney, it was decided to bring this item, as well as the next two items requesting conditional use permits, to the Council tonight for their action. Staff is also recommending that the Planning and Minutes oflhe Regular City Counoil Meeting of November 8, 1999 Pag~ 13 Zoning Commission must approve the conditions for approval on all these items at their next scheduled meeting of November 15, 1999. The owner at 4022 Central Avenue N.E. (Mr. Bedi) is requesting a wine license (including serving 3.2 beer) for his establishment. Our current ordinance states that in order for such a license to be issued, the establishment must be 300 feet (door to door) away from a school facility. At the present time, the Early Childhood Family Center is housed at the Columbia Heights Mall, and the distance between it and 4022 Central Avenue N.E. is slightly less than 300 feet. It was noted that the Early Childhood Family Center is planning to move out of the Columbia Heights Mall by February 1, 2000. Discussion was held if our ordinance should be changed, and if so, how long it would take. Mr. Bedi from 4022 Central would like to receive the license as soon as possible, hopefully before February 1, 2000. Changing the ordinance would probably take about that long as well. It was discussed that maybe copies of ordinances from other cities on this item should be obtained for further review. Frustration from Mr. Bedi was expressed at the meeting as to how the city can allow a bar/grill to have a 3.2 beer/wine license in the same mall as the Early Childhood Family Center. It was explained to Mr. Bedi that the bar/grill in question at the Columbia Heights Mall was there before the Early Childhood Family Center rented space there. Sen Kuppe, owner of the property at 4022 Central, spoke in favor of granting this wine license to Mr. Bedi. She stated that many years ago, beer was served from that location. She went on to further state that Mr. Bedi is an excellent renter/business owner. Councilmember Wyckoff further agreed with Ms. Kuppe in regards to Mr. Bedi's well mn establishment, and she hoped the council could accommodate Mr. Bedi with this license. She mentioned that Mr. Bedi's restaurant was highlighted in the October 21, 1999, Star Tribune "Taste" section. Walt Fehst, City Manager, stated that he thought that once the application is approved, the background check and other items which must be done before issuance of a license could be taken care of as quickly as possible to expedite the process. Discussion was also held about obtaining a liquor license for this property. There are a number of issues which must be addressed for this type of license, such as certain seating available, gross revenues, distance from schools and churches, etc. Mr. Bedi should be provided with the appropriate information to see if he can meet those requirements. Atter considerable discussion, a motion was made by Councilmember Wyckoff, Minutes of tho Regular City Council Meeting of November 8, 1999 Page 14 seconded by Councilmember Hunter, to approve the Conditional Use Permit to allow a wine license at 4022 Central Avenue NE, subject to the following conditions: 1) Approval with conditions set by the Planning and Zoning Commission at their next scheduled meeting of November 15, 1999; 2) The liquor license shall not be issued until at, er the Early Childhood Family Center has moved out of the Columbia Heights Mall; and to table action on the Conditional Use Permit to allow a beer license at 4022 Central Avenue NE subject to a final determination by the Planning and Zoning Co~ssion and the City Council. Motion passed unanimously. 4) Conditional Use Permit, 508 40~ Avenue N.E. _(Merit Siding, Inc.) Ken Anderson, Community Development Director, presented the information on the request for a conditional use permit for the property at 508 40a Avenue N.E. Mr. Anderson stated that this item was to be dealt with by the Planning and Zoning Commission last Tuesday, November 2~a. However, there was not a quorum, and therefore, al[er discussions with staffand our city attorney, it was decided to bring this item, as well as the next item requesting a conditional use permit, to the Council tonight for their action. Staff is also recommending that the Planning and Zoning Commission must approve the conditions for approval on this item at their next scheduled meeting of November 15, 1999. Mr. Anderson explained that the applicant has applied for a conditional use permit to build a 40 by 48 pole garage with three overhead doors. It will be painted like their business right next to it (beige with green trim). The back of the garage will face 40~ Avenue. Resident Harold Hoium spoke against the proposed garage. He stated that this company has numerous items parked next to their building, and nothing has been done about that. He also stated that in the winter, this business was not cleaning the snow offthe sidewalk. He mentioned that construction equipment is often parked in front of their business on 40~ Avenue, which he felt was a health, safety, and welfare problem, but nothing is ever done about that. Mr. Anderson and Mayor Peterson felt that perhaps the numerous items Mr. Hoium mentioned parked by this business could be stored in this proposed garage. Motion by Councilmember Szurek, seconded by Councilmember Jolly, to approve the Conditional use Permit to allow the construction of a 1,920 square foot accessory building in the Retail Business zoning district at 508 40~ Avenue NE, subject to approval with conditions set by the Planning and Zoning Commission at their next scheduled meeting of November 15, 1999. Motion passed unanimously. 5) Conditional Use Permit, 4005 Central Avenue N.E. Ken Anderson, Community Development Director, presented the information on the request for a conditional use permit for the property at 4005 Central Avenue N.E. Mr. Anderson stated that this item was to be dealt with by the Planning and Zoning Commission last Tuesday, November 2~. However, there was not a quorum, and Minutes offlae Regular City Council Meeting of November 8, 1999 Page 15 therefore, after discussions with staff and our city attorney, it was decided to bring this item, as well as the previous two items requesting conditional use permits, to the Council tonight for their action. Staff is also recommending that the Planning and Zoning Commission must approve the conditions for approval on all these items at their next scheduled meeting of November 15, 1999. It was noted that there will be a change of ownership from KJ's Bar and Grill to StarBar and Grill. Motion by Councilmember Jolly, seconded by Councilmember Szurek, to approve the Conditional Use Permit to allow the operation of The StarBar and Grill at 4005 Central Avenue NE, subject to approval with conditions set by the Planning and Zoning Commission at their next scheduled meeting of November 15, 1999. Motion passed unanimously. 10. ADMINISTRATIVE REPORTS A. Report of the City Manager The City Manager stated that there is a budget work session scheduled for Tuesday, November 9~, 1999, at 6:30 p.m. in the City Hall Conference Room. The Manager also reported that the first mailing recently went out with the water bills regarding information on boards/commissions responsibilities and asking interested residents to apply. B. Report of the City Attorney - Nothing. GENERAL COUNCIL COMMUNICATIONS A. The following minutes of the Boards and Commissions were acknowledged: 1) Meeting of the October 21, 1999, Telecommunications Commission 2) Meeting of the November 1, 1999, Traffic Commission CITIZENS FORUM Several students from Mr. Galuska's class were present at tonight's meeting. They all introduced themselves to the Mayor and Council. 11. Motion by Councilmember Wyckoff, seconded by Councilmember Szurek to adjouTM the meeting at 8:55 p.m. Motion passed unanimously. Cajole J. Blow~, Secretary Pro Tern CITY COUNCIL LETTER Meeting of: November 22, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER' S NO: ~ CITY, MANAGER ' S APPROVAL ITEM: RESOLUTION IN SUPPORT OF AN OKA- BY: Walt F ehst BY: ~/~~' NO: HENNEPIN TECHNICAL COLLEGE ~. ~ DATE: 11-17-99 DATE: $~' / Lonnie McCauley, Mayor of Coon Rapids, has advised us that the Minnesota State Colleges and Universities (MnSCU) Board of Trustees is targeting Anoka-Hennepin Technical College (AHTC) for potential closure. The present bonding proposal would not support necessary improvements needed to continue operation of AHTC. Therefore, the Chancellor of MnSCU is giving serious consideration to recommending to the MnSCU Board of Trustees the closure of AHTC. The Mayor of Coon Rapids has asked the City .of Columbia Heights to pass a resolution of support of AHTC. Attached is such a resolution. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 99-94 , being a resolution pertaining to Anoka Hennepin Technical College. COUNCIL ACTION: I~SOLUT?ON NO. 99- ~ i~SOLUT~ON ~N SUPPORT OF AI~OI~-~PIN T~CI~IC~L COLLEGE WHEREAS, Anoka-Hennepin Technical College (AHTC) has served the community since 1967; and WHEREAS, AHTC provides the prime basis of skilled employees for industrial services in the area; and WHEREAS, the needs of employers for vocationally educated employees are increasing at a substantial rate; and WHEREAS, AHTC provides a variety of opportunities for affordable education for people interested in hands-on education; and WHEREAS, AHTC is being targeted for potential closure by Minnesota State Colleges and Universities (MnSCU). NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council does hereby support the educational excellence of Anoka Hennepin Technical College, and requests the MnSCU Board of Trustees support AHTC with the upgrades and improvements necessary to continue to provide quality education in the northwestern communities. Adopted this 22nd day of November, 1999. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor William Elrite, City Clerk CITY COUNCIL LETTER Meeting of.' December 13, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPT.-~ CITY MANAGER NO: ~ Communit~ Developmeht~ ' APPROVAL ITEM: Declaration of Hazardous Buildings BY: Mel Collov~ NO: ~i~. ~[. ~i) DATE: November12,1999 Background: The buildings on the property located at 4417 N.E. University Avenue have remained in a substandard, unsightly, and hazardous condition for over five years. The Building Official has mailed notices to all entities having an interest in the property and they have not complied with the Notice and Order and have allowed the condition to remain deteriorated. A licensed contractor has terminated water and sewer services. The attached correspondence including the Notice And Orders have been ignored by the property owner. No formal appeal has been filed by any of the interested parties. The existing dwelling does not meet the current Building Code requirements as it has been gutted and lacks utilities. The dwelling does not meet current Zoning Code requirements for minimum size and is a sub-standard dwelling located in the Limited Business Zoning District. Staff has attached copies of previous Notices. Staff has delayed enforcement actions up to this date due to the proposed Casey's and Townhouse development projects in 1999 at this site. For your information, Staffhas also attached a letter from Anoka County to the property owner expressing their interest in acquiring this property. Recommended Motion: Move to waive the reading of resolution 99-93, there being ample copies available to the public. Recommended Motion: Move to Adopt Resolution 99-93, Declaring the buildings on the property located at 4417 N.E. University Avenue as hazardous, the Structures/Buildings must be razed, and the lot graded for future development. COUNCIL ACTION: RESOLUTION NO. 99-93 RESOLUTION OF THE CITY COUNCIL FROM ~ CITY OF COLUMBIA HEIGHTS REQUESTING REMOVAL OF HAZ~OUS STRUCTURES LOCATED AT 4417 N.E. UNIVERSITY AVENUE. WHEREAS, there are substandard buildings located at 4417 N.E. University Avenue which have been dilapidated, unsafe for a period in excess of five years, and WHEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard structures and properties, and WHEREAS, the City of Columbia Heights finds this property to be hazardous based on the following code violations as contained in the Findings of Fact: FINDINGS OF FACT Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement of Dangerous Buildings: 302(5) Whenever any portion or member or appurtenance thereof is likely to fail, or to become dislodged, or to collapse and thereby injure persons or damage property. 302(8) Whenever the building or structure, or any part thereof, because of(I) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse. 302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 302(10) whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. 302(11) Whenever the building or structure exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing or outside walls or coverings. 302(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structures at 4417 N.E. University Avenue are substandard and seriously deteriorated, that they lack minimum standards for habitable space per 1995 MN State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is recommending the structures be removed, and the lot be graded for future development. Removal of Hazardous Structure Resolution 99-93 Page two Conclusions of Council That all relevant parties have been duly notified of this action. That the structures on the property at 4417 N.E. University Avenue are hazardous and in violation of many local, state and national code requirements. That the structures can not be rehabilitated to bring them into compliance with local, state and national code requirements. Order of Council The remaining dwelling and detached garage located at 4417 N.E. University Avenue, Columbia Heights, Minnesota, are hazardous buildings pursuant to Minn. Stat. 463.152, 463.616. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council hereby orders the record owner of the above-hazardous building, or his heirs, to raze the building and retaining wall at the west property boundary within thirty (30) days of the date of service of this order. The site must then be restored to a safe condition with fill as necessary. The City Council further orders that personal property or fixtures that may unreasonably interfere with the razing and removal of the structures shall be removed within thirty (30) days, and if not so removed by the owner, the City of Columbia Heights may remove and sell such personal property and fixtures at public auction in accordance with law. The City Council further orders that unless such corrective action is taken or an answer is served upon the City of Columbia Heights and filed in the office of the Court Administration of the District Court of Anoka County, Minnesota, within thirty (30) days from the date of the service of this order, a motion for summary enforcement of this order will be made to the District Court of Anoka County. The City Council further orders that if the City is compelled to take any correction action herein, all necessary costs expended by the City will be assessed against the real estate concerned, and collected in accordance with Minn. Stat. 463.22. The mayor, the clerk, city attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this order, and to assess the cost thereof against the real estate described above for collection, along with taxes. Removal of Hazardous Structure Resolution 99-93 Page three Passed this Offered by: Seconded by: Roll Call: day of ,1998. Mayor Gary L. Peterson William Elrite, City Clerk g:\Codo~onros RECEIVE[ COPY _ . !30MMUNI~y DEVELOPMEt ANOKA COUNTY REGIONAL RAILROAD AUTHORITY (ACRRA) Paul McCarron. Chairman Dennis D. Berg Dave McCauley. Vice Chair Dick Lang Margarel Langfeld Jim A. Ko~diak Dan Erharl October 12, 1999 Ronald Bolinger 3959 Quincy Street N.E. Columbia Heights, MN 55421 RE: 4417 University Ave. N.E., Columbia Heights, MN Dear Mr. Bolinger: The Anoka County Regional Railroad Authority (ACRRA) is interested in acquiring sites for use as a Park and Ride transit hub site. Your property located at 4417 University Ave. N.E. in Columbia Heights has been identified as part o! the potential site for this facility. The adjoining property at 315 44"' Ave. N.E. is also part of the.potential site. ACRRA authorized me to begin acquiring title to these properties in accordance with Minnesota law. In reviewing tax and property records, I find 4417 University Ave. is legally described as Lots 20 & 21, Block 20, Columbia Heights Annex to Minneapolis and is comprised of 9,568 square feet. ACRRA is prepared to offer you $4.13 per square foot for the property for a total of $39,516. All closing expenses, except for taxes (including state deed tax), special assessments and realtor's commissions, would be assumed by ACRRA. The same offer to purchase is being made to the owners of 315 44"' Ave N.E. Purchase ol~ both properties is required before the project will proceed. Please contact me at 323-5692 with your response to this letter. I thank you in advance for your interest and look forward to hearing from you. Sincerely, Tim Yantos Executive Director, ACRRA CC: Aaron Isaacs, Metro Transit Commissioner Jim Kordiak, Anoka County v'Ken Anderson, City of Columbia Heights Tony Palumbo, Anoka County TelePhone: (612) 323-5700; Fax: 323-5682; TDD/-I-I'Y: 323-5289 Government Center, Administration Office, 2100 3rd Avenue, Anoka, MN 55303-2265 NOTICE AND ORDER OF BUILDING OFFICIAL December 30, 1998 Ronald R. Bollinger 3959 N.E. Quincy Street Columbia Heights, MN 55421 Re: 4417 N.E. University Street, Columbia Heights, Minnesota. LOTS 20, AND 21,(EXCEPT WEST 10 FEET FOR UNIVERSITY AVENUE) BLOCK 20, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, ANOKA COUNTY, Minnesota. PIN # 35-30-24-21-0092. Dear Property Owner: This matter will be placed on the February City Council agenda for DeclaratiOn of as a hazardous building. If you wish to avoid additional legal fees, a licensed demolition firm must apply for the necessary permits before January 15,1999. Sincerely, Mel Collova Building Official C: Property File James Hoef~ City Attorney GOP NOTICE AND ORDER OF BUI?.nING OFFICI;tL November 2, 1998 Ronald R. Bollinger 3959 N.E. Quincy Street Columbia Heights, MN 55421 Re: 4417 N.E. University Street, Columbia Heights, Minnesota. LOTS 20, AND 21, (EXCEPT WEST 10 FEET FOR UNIVERSITY AVENUE) BLOCK 20, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, ANOKA COUNTY, Minnesota. PIN # 35-30-24-21-0092. To Ail Parties Having An Interest in This Property: The buildings on the subject property has been abandoned. The building has remained vacant longer than six months. The exterior of the buildings are in a dilapidated condition as evidenced by the peeling paint, rotted wood, roof sag, and missing or loose exterior wall covering. The interior of the buildings have remained in a state of disrepair for a period over six (6) months. The residential buildings are.non conforming due to placement LB, Limited Business, zoning district.{see attached sections: 9.104 (3) (a) thru (k), and 9.111). cOP*'( Page 2 Notice and Order As stated in the 1994 Uniform Code for the Abatement of Dangerous Buildings section 302; for the purpose of this Code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such condition or defects exist to the extent that the life, limb, health, property or safety to the public or its acquaints are endangered: 302(5) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 302(11) Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing or outside walls or coverings. 302(12) Whenever the building or structure has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals, or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 302 (13) Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building or Housing Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. 302(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the conunon law or in equity jurisprudence. cOP Page 3 Notice and Order 302(18) Whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. The structures must be razed, all required permits must be applied for within 60 days of receipt of this notice and must be completed within 90 days of permit issuance. If the timetable stated is not met, the City may proceed to cause the work to be done and charge the costs thereof against the property or its owner. Any person or entity having legal title or interest in this property has the right to appeal from this Notice and Order or of any action by the Building Official provided the appeal is in writing as provided in this Code and filed with the Building Official within 30 days from the date of service of such Notice and Order; and failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. Sincerely, Mel Collova Building Official C: Property File James Hoeft City Attorney COP'( February 25, 1998 Ronald R. Bollinger 3959 Quincy Street N.E. Columbia Heights, MN 55421 Re: 4417 University Avenue N.E.; PIN # 35-30-24-21-0092; Lots 20 & 21 (Ex. West 10 ft for University Avenue), Block 20, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota Dear Mr. Bollinger: As stated in the notice dated November 17, 1997 the interior finishing of the non-conforming dwelling was removed without first obtaining the proper DEMOLITION PERMIT as required by Minnesota Statute 16B.69. This violation of the Minnesota State Building Code is a misdemeanor with penalties of fine and/or jail term. A permit application was enclosed with the notice. As of this date, this office still has not received the application with the proper fees. If the required documents along with the fees are not submitted to this office within ten (10) days, no later than March 11, 1998: a misdemeanor citation for Minnesota State Building Code violation will be issued. Your court date will be April 1, 1998 at 1:00 P.M. at the Anoka County Court House. The Buildings remain Hazardous Buildings and if not razed from the site by April 30, 1998, I will approach the City Council and ask for a Resolution condemning the buildings and assessing any cost to the owner of the property. The City does have a program to raze the buildings and assess the costs over a five (5) year period at a rate of eight percent (8%) interest. I urge you to consider this program, this could lower any leagal expenses associated with the condemnation proceedings. I you wish to discuss any options available to you feel free to contact us at 782-2817 during normal business hours. Sincerely; Mel Collova, Building Official #1727 Date COPY Ronald R. Bollinger 3959 Quincy Street N.E. Columbia Heights, MN 55421 Re: 4417 University Avenue N.E.; PIN# 35-30-24-21-0092; 20 & 21 (Ex. West 10 ft for University Avenue), 20, Columbia Heights Annex to Minneapolis, Anoka Minnesota Lots Block County, Dear Mr. Bollinger: It has been reported to this office that the interior of the building on the subject property has been gutted. An on site inspection has verified this to be true. Photographs of the exterior condition of the buildings were taken in the month of October and a file has been started in this department. The City is gathering documentation to have the buildings razed using the hazardous building Statutes of which I have attached copies. The removal of the interior finishing of the non-conforming dwelling was removed without first obtaining the proper DEMOLITION PERMIT as required by Minnesota Statute 16B.69. This violation of the Minnesota State Building Code is a misdemeanor with penalties of fine and/or jail term. I have enclosed the application for the permit. I do expect to receive the completed application within 10 days of receipt of this notice. The exterior of the buildings is in disrepair. The buildings are declared an attractive nuisance to vandals and may harbor undesirables both human and animal. The buildings are declared HAZARDOUS BUILDINGS and by statute must be abated (razed) within 30 days of receipt of this notice. Failure to comply within the allotted periods could lead to further action by this office. If this office can be of assistance or if you wish to discuss any options available to you feel free to contact us at 782-2817 during normal business hours. Sincerely; Mel Cotlova, Building Official #1727 CITY COUNCIL LETTER Meeting of November 22, 1999 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER q Fire APPROVAL NO: ITEM: Authorize the Assistant Fire Chief to Attend BY:3q/ ~ ~e// .__ ~Dana Alexon BY:~/,~~~ the National Fire Academy ff~Z/t'a~~9-w~.ml er~ 199 Background: The National Fire Academy, located in Emmitsburg, MD, is a major fire service training center operated by the Federal Emergency Management Agency (FEMA). The Fire Academy offers many courses for firefighters and fire service managers, including the Executive Fire Officer (EFO) program. Former Fire Chief Charlie Kewatt attended the EFO program and recommended that Assistant Fire Chief Dana Alexon also attend this program. The City Manager has agreed that this program would be beneficial to the city and the fire department. The EFO program consists of four courses which are taken over a four year period of time. Each course is two weeks long, held at the Fire Academy, and requires a research paper to be completed following the course. There is no cost for the courses, and all travel expenses except for meals are paid for by the Federal government. Following completion of the program, graduates receive a bachelor level college degree. Analysis: After receiving approval from the City Manager, Assistant ChiefAlexon applied for and has been accepted to the Executive Fire Officer program. He has been scheduled for the first class in the program, called Executive Development, from January 31, 2000 through February 11, 2000. The cost of meals will be $180.00. City Council approval is required since the course is longer than 3 working days. RECOMMENDED MOTION: Move to authorize the Assistant Fire Chief to attend the National Fire Academy in Emmitsburg, Maryland from January 31, 2000 to February 11, 2000 and that expenses be reimbursed from the appropriate account. COUNCIL ACTION: AUTHOR.IZATION II.P. OUEST POJ~ CO~~ WOJ~ESHOPS, SCHOOLS AND IF. MIN~ I II IIII IIIII III This .completed form must be prosentod to clio Clt7 Mamiar by ~e Money p~ns ~e ~l~r ~unc~ ! BUDGZT~ FO~ ~ ~ . NO SUFFICmNT FU~S ~NINO: ~ ~ NO i-IOW WILL THIS ACTIVITY HELP YOU AND/OR YOUR DF. PARTM~NT? i ii ii ill I I i i i I ii I I I I PLP. ASE ATTACi~I ANY BROCHU~-~ OR INFOI~MATION IKF. LA~ TO ~ EVENT. SIGNATUR,F.S: DHPAP. TMWNT HHAD. DIVISION HP. AD CITY MANAG£R DATF. IF B.EOUIRF. D, APPROVAL BY CITY COUNCIL: DATE Upon approval by the City Manager, or City Council (if applicable), a copy of this form will be submined to the Finance Department and appropriate Division Head. This form is not fi registration form or n request for pre- rel~stration monier~ 07/14/92 Federal Emergency Management Agency National Emergency Training Center Emmitsburg, Maryland 21727 October 27, 1999 Mr. Dana A. Alexon 1035 Lincoln Terr. N.E. Columbia Heights, lVIN 55421 Dear Mr. Alexon: Welcome to the Federal Emergency l~lan%~ement Agency's National Emergency Trnining Center (NETC). We are pleased to inform you that you have been accepted for: R123: EXECratIVE DEVELOPMENT Jnnuary 31, 2000 To February 11, ~ Enclosed is information that you nocd to plan your travel and trninin~. Please read it carefully. If you are eligible to receive a stipend, please note that there are ehanges in our tel_ mbursement policies. Students staying on campus must pttrchasc a meal ticket. The cost is $180.00, and is payable to Guest Se~ices, by cash, personal/department check, traveler's checks, or purchase order at registration. Guest Services accepts credit card payment (VISA and lVlastercard), and does not issue refunds. ~desgs staying off' c~m~us m'~ r~luirml to pm'chase break tickets at the e~fateria the ~rst day of class. If you are a Federal employee, foreign student, private sector ~prescnlafive, or contractor to a State or local government entity, you are responsible for your own travel and per diem costs, and lod~ng ($20 to $30 per night), payable upon arrival to NETC. FEMA ~ not nccept credit card payment for lodging. If you are a ~ employee, you must present a copy of your travel authorization ~t registration. Please read the FEMA instructions, policies and comptroller grnms dealing with travel to NETC. Ifyou are not able to attend'th~ course for which you have been accepted, please notify us in writing; no later t~hnn I month prior to your course start date. We have a waiting list of your coHeagnes who will take your place. Failure to noti~- us in writing may result in your restriction from NETC courses. If you have any questions, please call (301) 447-1035. Admissions Specialist Educational & Technology Branch Executive Development (R123) http://www.usfa.fema.gov/nfa/tr6b 1.htm Executive Development (R123) Executive Development is the entry course for the EFOP. It is intended to assist fire service personnel in developing effective management and leadership skills as they make the transition from manager to senior executive. Through a combination of theory, case study analysis, reflection, introspection, and self/observer-based assessment, students learn how to enhance team development and apply action research. Executive Development course units include working as a team; individual professional development; research; problem-solving; following and leading; ethics; creativity and innovation; marketing in the public sector; organizational change and development; outside perspectives; service quality; legal aspects of fire protection; and research project reports. Executive Development serves as a bridge between the Management Series and the Executive Fire Officer series. Participation assumes the successful completion of the Management Series or equivalent instruction. Student Selection Criteria: Please refer to the "Selection Criteria for the Executive Fire Officer Program" and "Participation in EFOP Courses as a Non-EFOP Participant" sections. Students enrolled in the Executive Fire Officer Program will be given priority. ACE Recommendation: In the graduate or upper division baccalaureate degree category, three semester hours in Public Management, Organizational Behavior, Management, or Fire Science. Students who are Executive Fire Officer Program participants will be eligible to receive graduate-level credit with successful completion of the Applied Research Project. Postcourse Requirement for Executive Fire Officer Program Students: An Applied Research Project is a required postcourse activity. Updated Apri115, 1997 Home l About USFA I What's New I NFA ] Fire Programs [ Memorial LRC [ Hotel-Motel List I Publications I SafeW Alerts I Links 1 of I 5/7/98 1:04 PM CITY COUNCIL LETTER Meeting of November 22, 1999 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. ~'~ POLICE APPROVAls,, ITEM: Adoption of City Wide I.D. System, Gas Card, BY: Thomas M. Johnson NO. And City Owned Buildings Security System DATE: November 4, 1999 DATE: BACKGROUND In December 1998 the City Council approved the first phase of a five-phase plan for security of City Hall. (See attached City Council letter from December 9, 1998). The first phase has been completed, and we are now prepared to move onto the second phase of our overall plan. ANALYSIS/CONCLUSION As you may recall, phase two of our plan included the purchase and installation of security software and hardware for City Hall security to come on line. In December 1998 we had estimated these costs at $18,000. We have received the attached proposal from Trans-Alarm, Inc. in the amount of $21,400.93, including tax. Two interior doors were added to the attached bid. Those doors are the interior North Fire Department door leading to the hallway by Community Development and the Fire Department interior south door leading to the stairway that goes to the Police Department and the Council chambers. It is the recommendation of staff that the Council approve this work so that we may continue with our schedule for security of City property. RECOMMENDED MOTION: Move to authorize the City Manager and the Mayor to enter into a contract with Trans-Alarm Inc. for the software and hardware required to finish Phase II of the security system for City Hall at a cost of $21,400.93, including tax. TMJ:mld 99-362 Attachment COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: December 14, 1998 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Adoption of City Wide I.D. System, Gas Card, BY: Thomas M. Johnson BY: NO. and City Owned Buildings Security System DATE: December 9, 1998 DATE: BACKGROUND For many years the City has given each employee a City I.D. card, gas card, and issued keys as required, dependent upon the individual's position. Over the years the photos for these I.D.'s have been taken by a camera located in the Police Department. Approximately two months ago this camera malfunctioned to the point where the photos are unusable, and we cannot find a vendor that can fix the camera. Also, due to individuals not turning in keys, keys given to various civic organizations not being returned, and keys lost or misplaced, the City has had to re-key several doors throughout the city. The costs for this locksmith function-especially when using the Medeco key system-is extremely high ($346 for one lock installed). When the Medeco system was first purchased, it was a patented system. Since then the patent has mn out and any locksmith can obtain and cut the keys we use. This defeats the high security level that Me&co locks have had in the past. Recently the Public Works Director has begun looking into the replacement of the current fueling system. This system-the Tech 21-uses two cards to fuel vehicles. When we started to look for a replacement for our I.D. camera, we asked the question "what other functions could an I.D. card be used for that would reduce the need for additional cards or keys?" We decided that there were three areas that we could address: identification, building security and access, and the fueling of city vehicles. We researched the Hennepin County and State bids to see if such a system was available and we found one. That system will be described in the Analysis/Conclusion section of this Council letter. The City Finance Director, the Public Works Director, and the Chief of Police met to discuss the needs in each of the areas listed and if one card could be produced that would handle each of these functions. We decided that this could be done, and currently there is approximately $20,000 budgeted for the security of City Hall that could be put toward this purpose. Because the system will ultimately cost more than the $20,000 budgeted, it was decided to propose a multi-phase plan to accomplish all of the goals we have for this system. It is also suggested that minimally the following buildings be included in the security system: City Hall, Murzyn Hall, Public Works, and the Library. It was determined that if cost feasible, we could also include each of the park buildings, well houses, and water tower in this system. ANALYSIS/CONCLUSION The system we found and received a quotation on from the State contract is called Pro Tec. This system allows for identification cards that can also be used for security entrance and fueling of vehicles. The process we are proposing to follow is: Phase I, Winter of 1998: Purchase the software and equipment needed to create identification cards. Also, mn the chases necessary to mn the wiring for the security system to each of the exterior doors located in City Hall. Estimated cost: $20,000. Phase II, Spring/Summer of 1999: Purchase the security software and hardware for City Hall security to come on line. Estimated cost: $18,000. Phase III, Spring/Summer of 2000: Purchase and install hardware for Murzyn Hall security to come on line. Estimated cost: $15,000. Phase IV, Spring/Summer of 2001: Purchase and have installed hardware for Public Works building security to come on line. Estimated cost: $15,000. Phase V, Spring/Summer of 2002: Purchase and install hardware for Library building security to come on line. Estimated cost: $10,000. Phase VI, 2003 budget: Determine feasibihty and cost of extending security system to well houses, park buildings, and any other City owned facilities. RECOMMENDED MOTION Move to authorize the City Manager and Mayor to enter into a contract to purchase software and equipment needed to create a security system in City Hall at a cost of $16,757.85 plus tax; and to authorize the contracting of chases in City Hall to mn the required wiring at a cost not to exceed $6,300. 98-403 Attachment COUNCIL ACTION: Attachment Equipment Pricing ADI (Purchases based upon the City buying direct from the wholesaler) "Fargo" Pro-L pvc card I.D. printer model FX81850 Extra Printer Ribbon FX81733 Poly-guard over laminate FX81784 Printer, extended service agreement ~ $775/year Card stock FX81763 pvc (500 cards) Win-Pak software Win-Badge soft:ware Digital camera, Olympus 600L and tripod Pentium II computer specified by company Workstation printer for card access reports TOTAL Estimated electrical contractor cost to furnish and install conduit and raceways for access system based upon guide from card access bid is: GRAND TOTAL $5,486.95 $118.00 $70.00 $775.00 $330.00 $365.95 $711.95 $1,000.00 $1,200.00 $400.00 $10,457.85 $6,300.00 $16,757.85. 10/27/99 11:12 ,~ ~~002/003 Trans-/l larm, Inc. 500 ~t Travelers Trail B~ M~ S~337 (6]2) 894d?00 Co]umbin Heights P-o#ce Dept Bruce Vo$¢i ang 04/22J99 Chief Tom Johnson Columbia l=lb,' Mn. 782-2844 752-2842 Card tnt SYSTEM i~Olq:)Sg, D WILt, INCLUDE: calm ACCT.~ SYSTEM I Customer to Provide Win-Pak ~,ccess ! RS-485 Computer Interface Vet. 2 $258.00 $258,00 200 - Hughes Prox Card $4.50 ~)00.00 ! 24VDC Backup Power Supply(Mag Locks) $ i 82.70 $182.70 ! Control Panel w/Enclosure $1,050.00 $ !,050.00 J RS-485 Panel Interface Ver. 2 $140.00 $140.00 ! Mini Prox Reader 4" (Blk) $275.00 S275.00 ] Active Dununy hr w/switch - 42" $221J.I 1 $228.1 I Mag Lock - Surface x U$28 S400.00 ~00.00 1 Closed Circuit Pull StatiOn (Blue) $65.00 I Keyswitch to Override Mag Locks $141.$0 $~1!.50 ! Medeeo I-Ugh Security aylinder - keyed :F~0.$0 S60.50 ! Mini Prox Reader 4" (Blk) $275.00 S275.00 ! MaS Lock - Surface x US28 Sd.00.00 $400.00 i Closed Circuit Pull Station (Blue) S65.00 $65.00 I Keyswitch to Override Mag LoGl~dlVlaintained) S 166,40 $166.40 I Kcyswitch to ~ Door 0V[0meatary) $141.40 $141.40 ! PIX) Interface Kit $74.20 $74.20 2 Medeeo High Securky cylinders - k~Tcd S60.50 S121.00 City HnJ] Earn o 40th Ave ~ Control Pnnel w/Enclosure SI,050.00 3 R$-485 Panel IntcrfaceVcr. 2 $140.00 $~40.00 ! Mini Prox Render 4~ (BIk) $275.00 $27~.00 ! Active Dummy Bar w/switch - 42" $228. J I ~ Mag Lock - Surf-,,ce x US28 S400.00 $400.00 I Closed Circu'K Pull Station (Blue) $65.00 $65.00 Fife ])t,u~ttlpent - lntnriord~nrth~ i Control Panel w/Enclosure S I;050.00 $1,050.00 I RS-485 Panel Interfnce Ver. 2 S]40.00 $140.00 I Mini Prox Re, oder 4" (Blk) $2?5.00 $275.00 1 Electri~ Strike S250.00 $250.00 10/27/99 11:13 '~ ~005/003 Trans- 41arm, Inc. ~ grot Trav~len Trail vao S Co~mb~ H~ Po~e Dept 5~ ~ Av~ Ng C~ Tom Jobmoa Columb~ H~, ~. 7~-2~ 7~-2842 ! ~i ~x R~ 4" (B~) S275 ! E~ Suike $250.~ ~250.~ I ~85 P~el In~ Vet. 2 $140.~ $1~.~ 2 Mini Pmx ~ 4" (B~) ~275.~ I S~p~C~b~ ~~key) $30.~ S30.~ I St~ F~n ~ $208.00 ~08.~ I W~'~d PI~ $30.75 $30.75 . 1 M~i ~ R~ 4" ~lk) ~75.~ ~?S.~ ! EI~ ~ke - 24~ x 32D Fail S~ .~S0,~ i M~o Hi~ ~ cylinder - k~ $56.50 ~56.50 i C~v~ o~ ~. ~k ~ ~m ~. 1 ~mmy Rim Cyl~et x 26D $20.00 $20.~ III I ~ Instal~fi0a~-~~ ~laaon no.'for Su~To~: CITY COUNCIL LETTER Meeting of November 22, 1999 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ~'~, ITEM: Authorization to Purchase Boat, Motor and BY: Dana Alexon Trailer for Water and Ice Rescue ~' ~ ~dl~,~ *~o -- o ~'~ DATE: November2,1999 DATE: NO: Background: The Fire Department has been responsible for water and ice rescue situations within Columbia Heights for many years. We have been providing this service with a boat and motor purchased in 1958 towed on a trailer of the same vintage. Typically we respond to 1-2 calls per year for this type of rescue service. The current boat, in addition to it's age, is not specifically designed to be used in rescue situations. It is difficult to bring a victim into the boat and we risk swamping the boat each time a victim is brought into it. The motor has proven to be mechanically unreliable over the last few years. Parts are no longer manufactured for this motor and, despite routine maintenance, the motor failed to start during a potential water rescue incident on Silver Lake earlier this year. Analysis: Staffhas reviewed the types of boats currently available on the market which are designed for rescue use. The replacement of the boat, motor and trailer had been included in the 2000 budget proposal fi:om the Fire Department but was cut by the City Manager. I believe the need for replacement of our current equipment is significant enough to warrant purchase of a replacement boat, motor and trailer fi.om 1999 funds. Funds for this purchase are available within the 1999 Fire Department budget. Recommended Action: RECOMMENDED MOTION: Move to authorize the City Manager and Fire Chief to purchase a Zodiac Mark 2 Compact rescue boat and Spartan Custom WCI trailer with tongue jack and tie downs fi:om Great American Marine of Bloomington, MN, for a total cost of $3,650.00 based upon low informal quotation; and further, authorize the City Manager and Fire Chief to purchase a 15 horsepower Yamaha 4-stroke motor fi:om Pierz Marine of Forest Lake, MN, for a total cost of $1,649.00, based upon low informal quotation. COUNCIL ACTION: Boat Bids Bid #1 Zumro 14 foot Rescue Boat Trailer (galvanized) Total Metro Fire 16501 Highway 10, Suite A Elk River, MN 55330 (612)241-4170 $8,125.00 1,133.39 $9,258.39 Bid #2 Zodiac Mark 2 Compact 12' 6" Rescue Boat Spartan Custom WCI Trailer with tongue jack & tie downs Total Groat American Marine 280 West 84th Street Bloomington, MN 55420 (612) 888-2350 $2,650.00 1,000.00 $3,650.00 Explanation of Bid Differences: The significant difference between the two boat manufacturers is that Zumro is set up moro for dive rescue and swift water rescue applications. The Fire Department needs will be met with a Zodiac for approximately 1/3 of the cost. The Zodiac offers a very durable boat that can be easily used for ice rescues as well as water rescues. The interior length of 7% feet is long enough to perform CPR on viCtims until we get them to shore. The cities of Coon Rapids and Roseville currently use this style of boat for water rescues and have been very satisfied. The boat has an inflatable keel for ice rescues and would be sturdy enough for 6 people. Also, the exceptional price on this bid is due in part to the fact that Fridley Fire Department is also purchasing a Zodiac within the next few months. Motor Bids *All motor bids include motor, fuel tank and propeller. Hannay's, Inc. 1708 Central Avenue NE Minneapolis, MN 55413 (612) 781-4325 1999 15 hp Yamaha $1,988.00 Rapid Sports Center 1343 Andover Blvd Ham Lake, MN 55304 (612)434-1111 1999 15 hp Mercury $2,299.00 Pier-z Marine 6725 Lake Boulevard Forest Lake, MN 55025 (651) 464-3005 1999 15 hp Yamaha $1,649.OO The classic Zodinc' Fashioned by fifty years of continual tachnologicel the Touring S stays true 10 the treditional ~engths ofthe MARK original Zodiace-securitY, stability, durability- but is faster and has a larger cockpit space. It's inflatable keel opdmises per- formence while the oversized buoyencytube increases stabi- .. lity; the beet p!anel quickly even with a modest sized engine. [ Standard equipment includes semi-recessed valves, alu/n~ nium fremed, non-skid, rigid floor (with tie down reil~fitdng. equipment), adjustable bench seat em:la bow b.~. . -I MARK the buoyancy,bes and get,,, ,nd lTl(md, on .rd tl for a fishing trip. The Touring S will tflow you 1o complete confidence and make oven an inexpiirioneod seller .. feel safe and secure. MARK o UM The new ZUMRO Dive-Thru Rescue Boat is a totally new concept in infl*t~hle boat design. The patented boat has a "stacked tube" design with "t~-ough-lhe-floor'~'~<liverentry-by means ofa ~ippered hatch in the bow. The boat is built exclusively forZUMRO by the Patten Company, a sixty year veteran producing Life and Rescue Boats for the US Armed Forces m~l~ NASA. aDVANTAGEs I Hatch allows through-the-floor entry for divers and/Or victims. ~ Twin tube design. ~reducas lateral bending; for greater hydrodynami~:performance. Removable ,~mat Cushion8 can be used as auxiliary floatation devices for victim8 or divers. offem bettor support formol~ and reduces tieing, rasul~i~ In faster planing. + Increased safety with seating ~,~he boat rather ~han ,~)n ~he exterior tubes. /~Tunnal Hull design for!rernendou~ ~llitYand shallow; DIVE-THRU RESCUE BOAT SPECIFICATIONS GENERAL: The new Dive-Thru Rescue Boat is an inflatable boat with a "stacked tube" design and "through-the-floor" diver entry. The boat has a rigid floor consisting of three interlocking panels that are "trapped" between stacked inflated tubes. The panels are made of a maintenance free foam core fiberglass with a non-skid coating. The boat has four airtight chambers plus two removable seat cushions that can be used as additional floatation devices to aid fatigued divers and/or victims. Each chamber has a fdl valve and a self-resetting pressure relief valve. A zippered hatch in the bow of the boat can be opened during diving operations. The floor is appro 'xunately 4 inches above the water providing easy access for divers to enter the boat through the hatch. Vertical tank storage with 2 inch wide securing straps is provided for four SCB^ tanks. The Boat is manufactured by The Patten Company in compliance with stringent Government specification No. MIL-I-45208. DIAGRAM: ;0BBB COJlffOIEZ~rl JOTITS V&LVB DIMENSIONS AND PERFORMANCE Overall Length ................... 17' Overall Beam ..................... 6'4" Inside Length ...................... 13'2' Inside Beam ........................ 52" Maximum Persons ............. 8 Maximum Wei _ght .............. 2500 lbs. Swamped Displacement .....5347 lbs. Airtight Compartments ...... 4 Recommended Hp .............. 30Hp (Long Shaft) Sl~d (mph) ...................... 25 (~p, ~2001bs.) Assembly Tune .................. 10 Minutes Stowed Dimensions ........... 70" x 40" x 20" Stored Weight ..................... 205 lbs 'RUBIAXL~ · or ,-,z,,,-; fi.m,-, ,u,,.z,~''muu' ~,,m.~ Mu, m, ,mu PERFORMANCE: The "Tunnel Hull" and "Stacked Tube" design reduces drag and stiffens the overall boat. This greatly enhances the hydrodynamic performance. The boat is very fast and stable. Tests show that with a 1200 lb. load and a 30 hp outboard motor the boat will still plane at approximately 25 to 30 mph. MATERIALS: All materials used in the boat are USA made and were originally designed for oil recovery equipment. The chemical resistance surpasses that of any commercially available boat. All ' ' seams axe thermal welded, including the endcaps on all the tubes. The AUTHORIZED DISTRIBUTOR actual material is called XR5, conSisting of a 1000 denier nylon base cloth equally coated on both sides with a polyethylene copolymer material for a total fabric weight of 30 Oz./square yard. In tests com- pliant with Federal Standard 191, the material yields a high 35 lbs./inch in peel, 100 lbs. in tear and 100 lbs. puncture resistance. The UV Resistance is excellent and the coating process is such as to insure 100% air retention. , , , CITY COUNCIL LE'I-fER MEETING OF: NOVEMBER 22 1999 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: ~, ADMINISTRATION APPROVAL NO: ~ · DATE: NOVEMBER 18, 1999 Over the past two years staff has put a significant amount of work into modifying the City's Record Retention Schedule. The new Record Retention Schedule is based on recommended state standards. The previous Record Retention Schedule was done in more of a summary format. The attached schedule is far more detailed and lists specific records rather than classification of records. Outside of that, the pedods for retaining records are very close to the previous Record Retention Schedule. It is staff's recommendation that the new schedule be adopted as it provides a clearer definition and clearer guidance for retaining pertinent City documents and records. RECOMMENDED MOTION: Move to adopt the document entitled City General Records Retention Schedule and direct the City Manager to forward such document to the Minnesota Department of Administration for approval. WE:sms 9911184COUNCIL Attachment COUNCIL ACTION: "1 1 i i i ~ z z z z z Z .l .l ~ '1 i i i l! t 1 t t .I 1 CITY COUNCIL LETTER Meeting of: November 22, 1999 AGENDA SECTION:,~ CONSENT ORIGINATING DEPT.: ,~Zg~. CITY MANAGER NO: ~ License Department APPROVAL ITEM: License Agenda BY: Kathryn Pepin DATE: BACI~GROUND ANALYSTS Attached is the business license agenda for the November 22, 1999 City Council meeting. In addition to applications for Contractors Licenses for the 1999 license year, there is an application for a single event club on sale beer license for Immaculate Conception Church on December 8, 1999. Please refer to a letter from Michael Lentz requesting waiver of the license fees. In addition, there are applications for 1999/2000 tobacco/cigarette sales and on sale and Sunday liquor sales for the new owners of the StarBar and Grill, Robert and Roberta Fizell, at 4005 Central Avenue, formerly K J's Sports Bar. Also attached is an agenda for the license renewals for the year 2000. At the top of the license agenda you will notice a phrase stating '*Signed Waiver Form Accompanied Application!!. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. REC0~E~DED MOTION~ Move to approve the items as listed on the business license agenda for November 22, 1999 and to waive the fees for I~aculate Conception Church and the City of Columbia Heights Liquor Department. COUNCIL ACTION: TO CITY COUNCIL November 22, 1999 *Signed Waiver Form Accompanied Application 11999 BUSINESS LICENSE AGENDA APPROVED BY BUILDING OFRCIAL # CONTRACTORS *Kissner Plumbing and Heating M.G. McGrath, Inc. *Minneapolis Plumbing & Heating*Total Refrigeration*Ward Heating and Air ADDRESS 1741 - 131" Avenue 1387 East Cope Ave. P.O. Box 18124 221 S. Concord Exchange 2830- 235~ Ave. N.W. FEES 50.00 50.00 50.00 50.00 50.00 POLICE DEPARTMENT SINGLE EVENT CLUB ON SALE BEER "immaculate Conception Church Michael Lentz 4030 Jackson Street N.E. December 8, 1999 REQUEST FEE BE WAIVED POLICE DEPARTMENT CIGARETTE/TOBACCO PRODUCTS *Zachary Properties, Ltd. 4005 Central Ave. N.E. 100.00 POLICE DEPARTMENT ON SALE AND SUNDAY LIOUOR *Zachary Properties, Ltd. Robert & Roberta Fizell 4005 Central Ave. N.E. 8,500.00 The Church of the Immaculate Conception City of Columbia Heights Attn: Kathy 590 40th Avenue NE Columbia Heights, MN 55421 November 17, 1999 To Whom It May Concern: Please accept our proposal for a permit to sell beer at the Church of the Immaculate Conception on Wednesday, December 8, 1999. This date marks the end of our Jubilee year (75-year) and we plan on hosting a liturgy with Archbishop Harry Flynn, followed by a reception in Fellowship Hall (lower level of church). The reception will take place fi.om 8:15 to 10:00 PM. If possible, we ask that the fee for such a permit be waived for this event. Your support and assistance is greatly appreciated. Sincerely, Michael Lentz Director of Stewardship and Development Celebrating 75 Years of Grace-~ 1923-1998 tel t612) -88-'~0(,2.1itxt~,121 -SS-i~2LI2 ~0~0 ]ack~,m St]'cct Northca.~t. Columbia Heights, MN ~,~-~21-:'~2° TO CITY COUNCIL November 22, 1999 *Signed Waiver Form Accompanied Application 2000 BUSINESS LICENSE AGENDA APPROVED BY BUILDING OFFICIAL # # # CONTRACTORS A & L Construction Daniel Kordiak *Ouality Refrigeration *Stock Roofing ADDRESS 11032 Pheasant Ln. N. 1095- 13~ Ave. S. E. 6237 Penn Ave. S. 289 Liberty St. FEI S 50.00 50.00 50.00 50.00 POLICE DEPARTMENT ClGARETTErFOBACCO PRODUCTS *City of Columbia Heights Liquor Dept. *City of Colombia Heights Liquor Dept. Walgreen Company *Superamerica, LLC. *Malik's Petroleum *City of Columbia Heights Liquor Dept. 2241 N.E. 37~ Avenue 4340 Central Ave. N.E. 4350 Central Ave. N.E. 5000 Central Ave. N.E. 3955 University Ava. N.E. 5225 University Ave. N.E. FEE WAIVED FEE WAIVED 100.00 100.00 100.00 FEE WAIVED POLICE DEPARTMENT Pinball Plus 4315 Central Ave. 30.00 FIRE DEPARTMENT L.P. GAS SALES Colombia Heights Rental 3901 Central Ave. 50.00 FIRE DEPARTMENT QASOLINE SALES *Superamedca *Malik's Petrobom *Emerson's Automotive 5000 Central Ave. 3955 University Ave. 4457 University Ave. 140.00 100.00 100.00 APPRQVEDBY ZONING AUTHORITY MOTOR VEHICLE RENTAL *Columbia Heights Rental ADDRESS 3901 Central Ave. FEES $50.00 Page 2 POLICE DEPARTMENT # TAXICAB DRIVERS °Burdette Theodore House 'Michael Dennis Mealey 2404 Sheridan Ave. N. 2404 Sheridan Ave. N. 25.00 25.00 POLICE DEPARTMENT TAXICAB VEHICLES "Michael Mealey °Burnell Edward Beerman 1 taxicab vehicle #110 1 taxicab vehicle #106 75.00 75.00 license.ag BRC FINANCIAL SYSTEM 11/18/1999 14:06:14 FUND RECAP: FUND DESCRIPTION 101 201 202 203 204 205 212 213 225 235 240 250 299 401 402 411 412 415 431 432 433 434 601 602 603 651 652 701 710 720 881 884 885 S87 GENERAL COMMUNITY DEVELOPMENT FUND ANOKA COUNTY CDBG PARKVIEW VILLA NORTH ECONOMIC DEVELOPMENT ALJTH SECTION 8 STATE AID MAINTENANCE PARKVIEW VILLA SOUTH CABLE TELEVISION RENTAL HOUSING LIBRARY COL HGHTS AFTER SCHOOL ENRI HOUSIN8 & REDEVELOP AUI'N CAPITAL IMPROVEMENTS STATE AID CONSTRUCTION CAPITAL IMP-GEN GOVT. BLDG CAPITAL IMPROVEMENT PARKS CAPITAL IMPROVEMENT - PIR CAF' EQUIP REPLACE-GENERAL CAP EQUIP REPLACE-SEWER CAF' E~UIP REPLACE-WATER CAP EQUIP REPLACE - GARAGE WATER UTILITY SEWER UTILITY REFLJSE FUND LIQUOR WATER CONSTRUCTION FUND SEWER CONSTRUCTION FUND CENTRAL GARAGE ENERGY MANAGEMENT DATA PROCESSING CONTRIBUTED PRO~ECTS-REC INSURANCE ESCROW FLEX BENEFIT TRUST F'LJNI> TOTAL ALI_ FUNDS BANK RECAP: BANK NAME Check History DISBURSEMENTS 51,308.22 9,264.81 72,.246.50 2,992.04 5,249.41 1,299.00 1,102.50 642..05 7,407.41 574.10 4,457.77 126.04 519.09 5,316.22 5,487.46 26,729.75 2,417.87 289,475.54 20,358.00 1,967.59 1,967.5S 5,213.18 16,291.44 4,589..42 100,.385.72 178,037.46 261,576.68 14,2~1.7~ 1,776.73 224.70 27,846.54 193,571.47 1,253.62 1,334,594..00 DISBURSEMENTS BRC FINANCIAL SYSTEM 11/18/1999 14 Check History 11/22/99 COUNCIL L. IST CITY OF COLUMBIA HEIGHTS GL540R-V06.00 PAGE I BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT ADVANCED DIGITAL. SOLUTIO AIR TOUCH CELLULAR ALoLGOOD/MARK ARAMARK AVALON SECURITY CORP BEI_LBOY BAR SUF'PLY BELLBOY CORPORATION BR I ESE/,~;EAN CHISAGO LAKES DISTRIBUTI CHR 18TENSON/GLOR I A COCA-COI..A BOTTLING MII)WE COLUMBIA HGTS-FRIDLEY KI DAVES SPORT SHOP DUGDALE/MARY EAGI.,Ei WINE COMPANY EAST SIDE BEVERAGE CO EDWARI)S/ALEXANDER C FRIDLEY-COLUMBIA HEIGHTS GRIGGS-COOPER ~ CO HERYLA/DAVE HOHENSTEINS INC IKO~ OFFICE SOLUTION INGRAHAM ~ ASSOCIATES IPC PRINTING JONNSON BROS. LIOUOR CO. JOHNSON F'APER ~ SUPPLY C JOLL, Y/DONALD KUETm~ER DIST. CO. KUTZ KE/BERN I CE LAUX/I RENE MARK VII DIST. MITEL MN DEPI' OF REVENUE MN TURF ~ GROUND I~OUNDAT N S F' NEI COLL. EGE OF' TECHNOLOG NORTH STAR ICE NYGAARD/MARIAN PEF'SI-COL. A-7 UP PETERS PLACE INVESTMENTS F'ETTY CASN - KAREN. MOELL PHILLIPS WINE ~ SPIRTS F'RIOR WINE QUALITY WINE ~ SF'IRITS SI<I LI..F'ATH SEMINARS STAR TRIBUNE SUF'ERIOR FORD INC. 82585 4.026.96 82384 150.59 82585 85.00 82586 140.45 82587 905.25 82588 228.06 82589 2~975.11 82390 185,,55 82591 2~250.50 82392 60.00 82395. 618.45 82394 296.77 82395 181.05 82596 45.57 82597 1~877.59 823~8 38~585.90 82599 72.5.00 82400 296.77 82401 2~609.24 82402 45.00 82405 2~394.52 82'404 158.55 82405 1~955.65 82406 2~2.88 82407 4~858.40 82408 356.75 82409 57.44 82410 55~642.75 82411 50.00 82412 59,,00 82413 7~503.65 82414 26~729.75 82415 10~915.00 82416 590.00 82417 50.28 82418 263.25 82419 202.28 8242O 30.O0 82421 128.25 82422 562.00 82425 97.09 82424 2~867,,54 82425 1~761.00 82426 10~404.18 82427 399.00 82428 1~234.02 82429 20~358.00 BRC FINANCIAL SYSTEM 11/18/1999 14 Check History 11/22/99 COUNCIl_ I_IST CITY OF COLUMBIA HEIOHT8 GL540R-V06. O0 PAGE 2 BANK VENDOR CHECK NUMBER AMOUNI' BANK CHECKING ACCOUNT TWIN CITY AREA LABOR MGM US FILTER/WATER PRO WINE MERCHANTS AARP AIR TOUCH CELLULAR AT & T BELLBOY BAR SUPF°LY BELLBOY CORPORATION GAULT/B ILL GENUINE PARTS/NAF'A AUTO KENNEDY & GRAVEN LAND TITLE INC MEDICINE LAKE TOURS MINNEGASCO N S F' NYSTROM PUBLISHINO COMPA PAUSTIS & SONS PETTY CASN -~OANNE BAKE PEI'TY CASH - KAREN MOEL. L POSTAGE BY PHONE SYSTEM QUALITY WINE & SPIRITS QUAM/SCOTT 'T'EETZEL/~ILL TRIARCO ARTS & CRAFTS U S WEST COMMUNICATIONS UNIVERSITY OF MINNESOTA WORL. D CL..ASS WINE AFFINITY PI_US FEDERAL CR AF'S(]ME DELTA DENTAL FIRST COMMUNITY CREDIT U ICMA RETIREMENT TRUST 45 MINNESOTA NCF'ERS MN CHILD SUPPORT PAYMENT NORWEST BANK - PAYROLL A ORCHARD TRUST COMPANY PERA F'ERA - DEFINED CONTRIBUT PERA POLICE RELIEF CONSO F'RUDENTIAL LIFE INSURANC RAMSDELL SCHOLARSHIP FUN STANDARD INSURANCE COMPA lJl,lION 49 UNITED WAY WYANDOTTE COUNTY COURT H AA EQUIPMENT COMPANY ABLE HOSE & RUBBER INC 82450 190.00 82451 155.,592.87 82452 871.95 82454 216.00 82455 28.02 82456 47.82 82457 36.48 82458 617.50 82459 8.50 82440 ].00..80 82441 857.45 82442 72~246.50 82445. 5,246.50 82444 118.27 82445 11~079.72 82446 5,922.68 82447 551.75 82448 83.05 82449 85.00 82450 6,000.00 82451 5,679.30 82452 181.77 82455 247.00 82454 98.02 82455 541.24 82456 50.00 82457 495.01 82459 550.00 82460 908.55 82461 5,551.92 82462 1,820.00 82463 9,828.40 82464 222.00 82465 747.15 82466 141,361.10 82467 5,829.50 82468 25~649.82 824~9 82470 369.54 8247.1 525.20 82472 42.25 82475 82474 609.00 82475 46.00 82476 150.00 82477 1,462.54 82478 114.70 BRC FINANCIAL SYSTEM .'1.1/18/1999 14 Check Himtory 11/22/99 COUNC:I~I_ LIST CITY OF COLUMBIA HIETG~T$ [$L540R-"V06. O0 PAGE - 3 BAN K VENDOR CHECK NUMBER AMOUNT BANK CHli='CK IN(3 ACCOUNT ACE HARDWARE ACE SUPPLY COMF'ANY INC AC;ME TYPEWRITER AID ELECTRIC SERVICE INC AIR TOUCH CEI..LULAR Al_l_ ~3AINTS BRAND DISTRIB AMERICAN AGENCY INC AMER I PR I DE AMI ANOKA COUNTY ANOKA CTY - CENTRAL COMM ARAMAR K A~;PE:N E(~LJIPMENT ASF'iEN HZI-I-S, INC. BAKE:R ~ TAYL. OR BARNA (3UZY & S'FIEFI=EN LTD BAUER BUILT TIRE & BATTE BIERNICK AND L..IF~ON BFI/WOODLAKE SANITARY BII=I:'S, INC. BITUMINOUS ROADWAYS, INC BN 8ERV ICIES BOblE~TRO0 ROSENE ANDERLI BOOK WHOL. IESALERS BOOI<MEN I NC/THE BOYIER TRUCK PART~ BRODART BRW INC CALIBRE PRESS INC CARl_SON ~QU IPMENT CENTRAL STORES CHAL IN/M I CHEI_LE CHANNIN(~ k BETE CO CHEMSEARCH CHISAGO LAKE8 DISTRIBUTI CITIES 97 CITY PAGES CI...AF(K I=OODSERVICE COCA""COLA BOTTLING MIDWE COI...UMBIA HEIGHTS RENTAL COMM CENTER CONSTRUCT ION BULLET I N CSC CREDIT SERVICEE; DANKA OI:I:FICE IMAGING CO DAVIES WATER EQUIP CO. DLEHN OIL DTN- DATA TRANSP. NETWO 82479 275.46 82480 16 .. 19 82481 75.00 82482 217.10 82483 69.17 82484 97 .. 20 82485 19,476.00 82486 44 .. 77 82487 251.00 82488 25. O0 82489 110.80 82490 216.84 82491 261.93 82492 242.50 82493 97.99 82494 2, 179 .. 87 82495 99.64 82496 3,380 .. 45 82497 99,019.78 82498 467.32 82499 42.09 82500 137.39 82501 3,677.02 82502 141 .. 85 82503 128.44 82504 24.24 82505 162.98 82506 5,487.46 82507 1,512.40 82508 83.17 82509 25.96 82510 12..75 82511 198.62 82512 158.73 82513 293.90 82514 3,260.00 82515 410.00 825~6 402.81 82517 711.35 82518 83.69 82519 20.24 82520 300.15 82521 15.00 82522 342.57 82 523 139.99 82524 8,116.80 82525 1,004.28 BRC FINANCIAL SYSTEM :1.1/18/1999 14 Check Nistory 11/22/99 COUNCIl... I...IST CITY OF COLUMB'-i]A IJEISHTS GL 540R-.V06. O0 PAGE 4 BANK VENDOR CHECK NUMBER AMOUNT BANK C. HECKIN(.i ACCOIJNT EAST 8IDE BEVERAGE CO Er. MED COMF'ANY INC I=:MERGEI,ICY ALJTOMOTIVi:i: TEC EMERGENCY MIEDICAL F'I~ODI. JC I--ACT(]RY MOTOR PARTS INC F:'IDELITY SIERVICIES IN(] F'I...IEX COMPENSATION, INC FL. EXIBLE PIPE TOOl.. CO. F:'OCUS NEWSF'APER8 I'"R I DI_EY/C I TY OF G & I< SERVICES GASB ORDER DEPT GENUINE PARTS/NAPA AUTO Gl_ASS MASTERS GI...ENWOOD I NGL. EWOOD GOODIN CO. GOPHER STATE ONE-'CALL IN 8RIGGS-COOPEI~ & CO GI:~OVE NURSERY HACH COMPANY HAPF'EL. DBA PLANSIGNT/JER HEIGHTS ELECTRIC INC. I"IENNEF'IN COUNTY TREASURE HOHENSTEINS INC HOME DEPOT #2802 HONIEYWELL INC FIOOVER WHEEL ALISNMENT I HOUCHEN BINDERY LTD FIUDSON MAPS IKON OFFICE SOLUTION IF'C F'RINTING J INDRA/PATR IC IA JONN,~ON BROS. LIQUOR CO. K MART KI...EESPIE TANK & PETROLEU KUETHER DIST. CO. I_AB SAFETY SUPPLY LANO EQUIF'MIENT CO. LAWN SERVICE-SNOW REMOVA LEXIS LAW PUBLISHING L. IB80N TRUCK SALES INC L..OCAI_ 1216 MAC QUEEN EQUIPMENT CO. MARK VII DIST. MASYS CORF'. MAUMA MCM ' S LAMF' RECYCLING 82526 1 , 218.05 82527 65.75 82528 126.75 82529 590.. 94 82530 71 · 78 82531 9., 204 .. 04 82532 165.00 82533 1,709.81 82534 332.00 82535 1,171.16 82536 184.26 82537 290. O0 82538 203.82 82539 810.00 82540 27.05 82541 2,522.31 82542 152.25 82543 14,083.18 82544 2,310.30 82545 110.76 82546 4,208.49 82547 444.40 82548 ;::5. O0 82549 928.40 82'550 268.49 82551 16,969.50 82552 29.95 82555 148.54 82554 274.84 82555 96.80 82556 928.77 82557 70.00 82558 13.,727.03 82559 10 ,, 64 82560 252.96 82561 7, .1. 17.. 75 82562 40.61 82563 68.. 42 82564 751.90 82565 64 ,, 38 82566 797.15 82567 17·03 82568 20.45 82569 4,018.53 82570 1., 040.78 82571 30.00 82572 657. ~4 BRC FINANCIAL SYSTEM 11/18/1999 14 Check Nistory .1.1/22/99 C'OUNCII... I...IST CITY 01'-' COLUMBIA HEZ[.IHT,~ GL540R'"-V06.00 PAGE 5 BANK VENDOR CHECK N[JMBER AMOUhlT BANK CHECKING ACCOLJI,IT MEDTOX LABORATORIES, INC MEDTRONIC PHYSIO CONTROL ME:NARDS C;ASHWAY [..UMBE:R-F' MERIT SI:'RINKLER SYSTEMS MI~:'I'RO WELDING SUPPLY MIDWAY FORD MIDWEEST LOCK & ~AF'E MII_I_E~ ENTEIBPI~I~E INC MINNESOTA COACHES MINNESOTA ~UN F'UBLZCATZO MN F'ALL. MAINTENANCE EXF'O MIR NET M'¥~ I)I~TRIBUT~NG NAI'~RO-MN CHAPTEI~ I,IOAA NATIONAL DATA CENTE NOIRTHEASTEI~ NORTHERN AIR NOIRTHI_AND EI_EC'FI~ZC SUPF'L OFFICE DEPOT I::'ACE'~ ~NAI_YT I CAL PAGE:hlET OF' Mhl F'AH 8IL INC PARK SUPPLY PARTS PI_US PATTON IND. PRODIJCT8 PAUSTZS & SONS PC SOL. UTZON8 PEPSI-COLA"-7 UF' F'I--IIL. L, IF'S WINE: ~ SPIRTS F'I...UNKETT'S~ ZNC I:'R I OF( WINE: PROGRESSIVE CONSULTINO E QUALITY SALES & SERVICE RADIO SNACK RAPIT PRINTING --' FRIDI_EY REGIENT8 OF' [JNIVERSITY OF RETAIL DATA SYSTEMS OF' M RON KASSA CONSTRIJCTION RUETI' I MANN/ROBEF(T S R F CONSUl_TING GROUP I SCHINDLER ELEVATOR CORF' SEARS COIqMERCIAI_ ONE SM I ]'[-I MI CRO TECHNOI_OGIES SF'ECIAI_TY SALES SERVICE SF:'RI NGSI'ED SQUEEGEE PRO WINDOW CLEA ST PAIJL."-'WC/THE 82573 142.50 82574 168.00 82575 729.35 82576 120 .. 00 82577 37.28 82578 460.45 82579 53.34 82580 639 . O0 82581 703.50 82582 .1.35.30 82583 35.00 82584 224.55 82585 67.98 82586 95.00 82587 ~2.00 82588 407.50 8258~ ~6.80 82590 47.62 825~1 272.65 82592 105.00 82593 76.59 82594 241, 82595 98.87 82596 139.54 82597 68.16 82598 232.00 82599 1,432.04 82600 224.70 82601 5,256.81 82602 70 ,, 30 82603 I , 732,83 82604 I , 396 ,, 00 82605 9,148 82606 12.77 82607 705.02 82608 350. O0 82609 96. O0 826].0 292,731.53 82611 70.00 82612 8,084.42 82613 178.62 82614 268,.35 82615 625.40 826 ]. 6 29.39 82618 50.00 82619 7,462.17 BRC F:INANCIAL SYSTEM 11/18/1999 14 Check History 1/22/99 E;OUIICII... I....1]S'F CITY (31-- COI_~JMBZA HEIONI'S GL. 540R"-V06.00 PAGE 6 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKIhlG ACCOUhlT STANWAY EXCAVATING SUBURBAN RUBBER STAMP SUBIJRBAN '¥ENT & AWNING TARGET STORES-ACCTS REC 'I'AUT(~E:S, RE:DF'A'f'H, & CO. ~ TECHII=AX BUSINESS SYSTEM TEDU][L. ABERRY ' S REE;TAURAN THYSSEN LAGERQUIST CORF' TOL. L. COMPANY TOUSLEY FORD UI-IIFORMS TO YOU ~JNIFORMS UNLIMITED INC UNIOhl WEL. DING& MACHINE UN I VERS I'rY OF W I-EXTENS I US FIL. TER/WATER PRO VAN-O-'-L I TE VIKING SAFETY PRODUCTS VOSS I._I(~HTING WAGAMON BROS. INC WESTERN NATIONAl_ F-INANCE WII...L. AMETTE INDUSTRIES IN ZARNOTH BRUSN WORKS, INC 82620 450.00 82621 37.49 82622 20.00 82623 11.70 82624 607.00 82625 114.50 82626 75.00 82627 572.22 82628 39.67 82629 231.95 82630 133.20 82631 456.80 82632 70.97 82633 790..00 82634 108,183.81 82635 30,.51 82636. 60.18 82637 351.67 82638 8.18 82639 339.00 82640 244.42 82641 930.38 :1.,334,594.00 *** CITY OF COLUMBIA HEIGHTS Meeting of: November 22, 1999 AGENDA S~C~TION: CONSENT ORIGINATING DEPARTMEI~ CITY MANAGER NO:41~ Community Development ~ -APPROVAL ITEM: Approving EDA Purchasing Policy ,, BY: Randy Schumacher ~ BY: nd^uthority .il! DATE: November18,1999~'''-~' BACKGROUND: The Community Development Block Grant program is administered by Anoka County through the Anoka County HRA. The City of Columbia Heights has entered into a joint cooperative agreement with the County that specifies the allocation of Block Grant funds for use in accordance with its Community Development plans. Under this agreement, the City Council conducts public hearings to obtain input, establish priorities, and adopt projects, plans and related budgets (see attached table). ANALYSIS: Anoka County is requiring all Community Development Block Grant program participants to have reimbursements submitted no later than December 24, 1999 for 1995 and 1996 funding cycles, and May 9, 2000 for 1997 allocations. To expedite the processing of the Council approved programs, staff is requesting bi-lateral authority be given to the EDA Board to process payments and other financial transactions. This action will assist staff in obtaining reimbursements from Anoka County in a timely manner. RECOMMENDATION: Staff is recommending bi-lateral fiscal authorization be given to the EDA Board for the necessary processing, payments, and other financial transactions necessary in administering the Community Development Block Grant projects effective January 1, 1999. RECOMMENDED MOTION: Move to authorize the EDA Board to be empowered as a bi-lateral fiscal agent with the same authority as the City Council to process payments and other financial transactions necessary in administering the City's Community Development Block Grant program effective January 1, 1999. Attachments: COUNCIL ACTION: h: \ltrll-22 - 99purchasepolicy The following table pwvides a current sununary of remaining CDBG funds, amount and source of obligated funds, and remaln/ug balances. Note that those programs marked with an asterisk are from program years 1997 and earlier and are ia jeopardy of going back to Anoka County. Year Pro,ram Program Name Balance as Amount Remaining Number .. of 8/30/99 O. bligated Balance 1995' 530* C.H. Rev/talization $I,472.64 $1,472,64 $0.00 1996' 630' C.H. Revitalization $9,007.00 $9,007.00 $0.00 1996' 655* Housing Rehabilitation $19,156.00 $14,910.00 $4,246.00 1997' 755* Housing Rehabilitation $70,000 $0.00 $70,000 1997' 755* County-wide Hsg. Rehab. $,48,788.00 $0.00 $48,788.00 1997' 730* Commercial Rev/talizatioa$I28,036.00 $55,,520.36 $72,51.5.64i 1998 830 Commercial Revitalization$124,473.00 $0.00 $124,473.00 1998 855 Housing Rehabilitation $65,437.00 $0.00 $65,437.00 1998 855 County-wide Hsg. Rehab. $49,663.00 $0.00 $49,663.00 1999 928 Public Service Agencies $5,100.00 $0.00 $5,100.00 1999 929 LCDA Project $104,000.00 $0.00 $104,000.00 1999 930 Commercial Revitalization$84~417.00 $0.00 $84,a,17.00 As shown ia the table, some of the remaining lands from I997 and ~arlier have already been obligated. : $66,000 has been obligated for the demolition project at 4150 Central Avenue NE. Funding will come from the 1995 and 1996 Columbia Heights Revitalization programs as well as thc 1997 Commercial Revitalization program. $I4,910 has been obligated for the rehabilitation of an existing single family dwelling at 4005 Hayes Street NE. Funding will come from the I996 Housing Rehabilitation CITY OF COLUMBIA HEIGHTS Meeting off November 22, 1999 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ Communit~ Development APPROVAL ITEM: Purchase of Tax Forfeit Prgperty ~ BY: Kenneth R. Anderson ~ UBY: 4501 Madison Street NE ~d~l~'] DATE: November 18, 1999 BACKGROUND: In July the EDA I :ecutive Director presented a proposal to the EDA Commissioners regarding a tax forfeit parcel at 4501 Madison Street NE. This site is being considered by ACCAP for construction of a home as part of the Corrections Affordable Housing Program. The City Manager received a letter from the Anoka County Land Commissioner and a copy of a memo from Patrick McFarland, Executive Director, of the Anoka County Community Action Program (ACCAP). In short, ACCAP requested that the City waive or reduce the outstanding special assessments on this property in the amount of $9,278.20. Jane Gleason has verified the actual assessments to be $8,472.60. At their August 17th meeting, EDA Commissioners requested the County be offered $1.00 for this property. County Commissioner Kordiak has informed the Mayor and staff that he is unable to sell this property to the EDA for $1.00 as previously requested. Rather, he will pursue the sale of the property to ACCAP for $6,300. The County would receive approximately lO%for administrative costs from the proceeds. The remaining amount would be repaid to the City for the amount of special assessments outstanding. This item was placed on the November 16th EDA Agenda for further consideration by the Board of Commissioners. EDA Board action was to purchase this tax forfeit property for the appraised value amount from Anoka County. A letter was faxed to Gene Rafferty, Anoka County Land Commissioner on November 17, 1999 indicating the EDA's interest to purchase the tax forfeit property at 4501 Madison Street NE for the appraised value of $6,300. ANALYSIS: EDA Commissioners requested the City Council allocate funds for the purchase of this tax forfeit property come from the Special Projects (Land) fund, 226-49846-5110. RECOMMENDATION: The City Council approve the use of Special Projects (Land) fund monies for the purchase of 4501 Madison Street NE, a tax forfeit property, from Anoka County. RECOMMENDED MOTION: Move to recommend the City Council request Anoka County transfer the tax forfeit parcel at 4501 Madison Street NE to the Columbia Heights Economic Development Authority for the appraised value of $6,300 and to approve this amount be transferred from the Special Projects (Land) fund, 226-49846- 5110, toward this purchase; and furthermore; to authorize the Mayor and City Manager to enter into an agreement for the same. h:\ltrll-22-994501madison COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS $90 40TH AVENUE N.E.. COLUMBIA HEIGHTS, MN SS~I2 !-3878 (612) 782-:~800 TDD 782-2806 ECONOMIC DEVELOPMENT AUTHORITY (EDA) EDA COMMISSIONERS: Robert W. Ruettimanm Donald G. Jolly Mar[aine Szurek Gary L. Peterson Julienne Wyckoff Patri¢ia Jindre John Hunter November 17, 1999 Gene Rafferty Land Commissioner Anoka County Govermnent Center 2100 3"~ Avenue Anoka, MN 55303-2265 VIA FAX: 323-5682 Re: Tax Forfeit Parcel 26-30-24-43-0012 4501 Madison Street NE Dear Mr. Rafferty: Thank you for your letter of November 8, 1999 which was received on November 12t~, informing us of the appraised value of the above referenced parcel being set at $6,300. Based upon your letter, the Columbia Heights Economic Development Authority took action at its meeting last night to approve the purchase of this property for $6,300. Please be advised via this correspondence of our interest to purchase this property. Please contact me at your earliest convenience to discuss the steps necessary to complete this transaction. Thank you for your assistance! L~eputy Executive D~rector ¢.' Walt Fehst, Executive Director Jim Kordiak, County Commissioner file H:\4501 madisontax £or felt [~U'~L. OP;~ORTUNITY E,M~I-OYER PROPOSED ACTION ACCAP Purchase Price Less: Estimated County Administration fee (10%) Amount available to pay Special Assessments $6,300.00 630.00 5,670.00 Outstanding Assessments Proposed Reduction in Assessments Revised Special Assessment amount $8,472.60 2,802.60 $5,670.00 If no assessments, County Administrative Fees (approximately 10%), then 20% to County Park/Recreation Use, then remaining amount split 40% to Anoka County, 40% to I.S.D. No. 13, and 20% to City. GENE RAFFERTY Land Commissioner Direct #323-5427 COUNTY OF ANOKA Office of Governrnental services Division 2100 GOVERNMENT CENTER 3rd Avenue · Anoka, Minnesota (612) 323-5700 November 8, 1999 55303-2265 RECEIVED 1 ? 1999 30MMUNIq'Y DEVELOPMEN'~ Kenneth R. Anderson Community Development Director City of Columbia Heights 590-40th Avenue NE Columbia Heights, MN 55421 Re: Tax Forfeit Parcel 26-30-24-43-0012 Dear Mr. Anderson: I have your letter of November 3, 1999, at hand. We appreciate your offer but current adopted county board policy is to sell tax forfeit parcels to HRA's and EDA's for public purposes at the appraised value. In this case, it would be $6,300. Our current plan is to move forward in our negotiations with ACCAP to sell them the captioned lot for their affordable housing program. If you have any questions, please contact me. Yours very truly, GR:blo Anoka County LarM Commissioner cc: Commissioner Jim Kordiak ~l~t MC,,~_adand' ACCAP FAX: 323-5682 Affirmative Action / Equal Opportunity Employer TDD/TTY: 323-5289 embraced within any reforestation or flood conlrol project created by and established under authority of sections84A.20 to 84A.30 or sections 84A.31 to 84A.40, except lands in cities, shall no~ be subject to the provisions of sections 282.01 to 282.13. ' History: (2139-20) 1935 c 386 s 6; 1973 c 123 art $ s 7 282.0/ AUDITOR TO CANCEL TAXES. Immediately after forfeiture to the state of any parcel of land, as provided by sections 281.16 to 281.27, the county auditor shall cancel all taxes and tax liens appearing upon the records, both delinquent and current, and all special assessments, delinquent or otherwise. - When the interest of a purchaser of state trust fund land sold under cerl~ficate of sale, or of the purchaser's heirs or assigns or successors in interest, shall by reason of tax delinquency be transferred to the state as provided by law, such interest shall pass to the state free from any trust obligation to any taxing district and free from all special assessments and such land shall become unsold trust fund land. History: (2139-21) 1935 c 386 s 7; Eoc1936 c 10S s 2; 1937 c 326 s 1; 1986 c 444 282.08 APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS. The net proceeds from the sale or rental of any parcel of forfeited land, or from the sale of any products therefrom, shall be apportioned by the county auditor to the taxing districts interested therein, as follows: · (1) Such portion as may be required to pay any amounts included in the appraised value under section 282.01, subdivision 3, as representing increased value due to any public im- provement made after forfeiture of such parcel to the state, but not exceeding the amount cer- rifled by the clerk of the municipality, shall be apportioned to the municipal subdivision en- rifled thereto; (2) Such portion as may be required to pay any amount included in the appraised value under section 282.019, subdivision 5, representing increased value due to response actions taken after forfeiture of such parcel to the state, but not exceeding the amount of expenses certified by the pollution control agency or the commissioner of agriculture, shall be appor~ · tioned to the agency or the commissioner of agriculture and deposited in the fund from which the expenses were paid; (3) Such portion of the remainder as may be required to discharge any special assess- ment chargeable against such parcel for drainage or other purpose whether due or deferred at the time of forfeiture, shall be apportioned to the municipal subdivision entitled thereto; and (4) Any balance shall be apportioned as follows: (a) Any county board may annually by resolution set aside no more than 30 percent of the receipts remaining to he used for timber development on tax-forfeited land and dedicated memorial forests, to be expended under the supervision of the county board. It shall be ex- pended only on projects approved by the commissioner of natural resources, (b) Any county board may annually by resolutiOn set aside no more than 20 percent of the receipts remaining to he used for the acquisition and maintenance of county parks or r~c- reational areas as deemed in sections 398.31 to 398.36, to he expended under the supervision of the county boar~. . (c) If the board does not avail itself of the authority under paragraph (a) or (b) any bal- ance remaining shall be apportioned as follows: county, 40 percent; town or cily, 20 percent; and school district, 40 percent, and if the beard avails itself of the authority under paragraph (a) or (b) the balance remaining shall be apportioned among the county, town or city, and school district in the proportions in this paragraph above stated, provided, however, that in unorganized territory that portion which should have accrued to the township shall be administered by the county board of commissioners. ltistory: (2139--22) 1935c386s8; 1939c328s4; 1941 c394s2; 1947c553s 1; 1949 c 27 s 1; 1949 c 401 s 1; 1963 c 519 s 1; Ex1967 c 35 s 1; 1969 c 9 s 73; 1969 c 1129 art 10 s 2; 1971 c 775 s l; 1973'c 123 art 5 s 7; 1982 c 523 art 39 s 8; 1987 c 384 art 1 s 56; 1990 c 586 s 8 323 TAX S/ Subdivision 1. Money pla and county treasurer 'shall to 282.13 in a~d to ~ ~o~n sh~l ~ c~ ag~~t ~ ~y ~ p~d a ~r diem p ~e~ n~ ~n~s, ~ r co~Ssioner ~d ~sis~, it te~ned by ~e coun~ ~. s~e, each con~t for l~d co~ssioner i~ ap~int, ff~ed by t~ coun~ ~. Con counF auditor-or l~d co~ ~1 coruscation pmvi~d fo law. Fees sO c~ed a~u~ se~lement by &e cou~ e~h ye~, ~e co~ssion~ counties, ~e to~ fium~r of ye~ for w~ch such f~s ~ c ye~, each county.sh~l the agg~g~e ~ount of &e t ~e co~ioner df ~venu c~dit of ~e gener~ ~nd. W ex~nses of cels of fo~eit~ 1~, the ~ng ~s~c~ in~s~ ment of ~e net to 282.13, on ~e ye~. Su~. 2. thofities duly ch~ wi~ at their di~on, ~Y exp~ outside of ~y cu~ line sir t~es, to acq~ ~d m~tr ment of t~-fo~ei~ l~ds on ~1 t~-fo~ei~d s~cfion or e~c~on of r ~e net p~eeds of s~d $10,~, w~chever is ~to~: (21 1945 c 2~ s I; 1~7 c 34 23 s I; 1~9 c 1148 s 39; 19 s 4; 1986 c ~4; 19~ ~2.10 ~n, prior to ~e pa of ~y p~el of l~d here dat~ in a p~ng in c ~ ~im~ out of pd~ or ~e ~on ~imb~sement sh~l ~d sh~i ~ ~om~e fo~ei~ ~d a quitcl~r. ~ s~ in ~st f~ i~ ~g, ~om ~e cou~ ~fion, s~ ~w ~ or CITY OF COLUMBIA HEIGHTS Meeting of: October 25, 1999 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ Communit~ Development APPROVAl/, ·., ITEM:b/O: Acquisition of 4501~p, ,~, t:~)Madis°n St. NE BY:DATE:Kenneth R. October 19, Anderson ~1999 BACKGROUND/ANALYSIS: The Executive Director presented a proposal to the EDA Commissioners regarding a tax forfeit parcel at 4501 Madison Street NE. This site is being considered by ACCAP for construction of a home as part of the Corrections Affordable Housing Program. The City Manager received a letter from the Anoka County Land Commissioner and a copy of a memo from Patrick McFarland, Executive Director, of the Anoka County Community Action Program (ACCAP) requesting that the City waive or reduce the outstanding special assessments on this property in the estimated amount of $9,278.20. Jane Gleason has verified the actual amount of special assessments due is $8,472.60 (see attachment). The purpose for waiving the special assessments will make the lot more "financially viable for this affordable housing project." The EDA Commissioners raised several questions regarding the size of the lot, lot access, status of sewer and water disconnects, existing driveway access easements, and possible transfer by the County of the property to the City or EDA. Please refer to the memo dated August 11, 1999 from the City Planner with attachments which answers some of these questions. Prior to the City Council work session of October 18, 1999, ACCAP informed staff in writing of their intention to withdraw their request to waive the assessments. However, they still wish to pursue acquisition of the parcel from Anoka County for consmaction of an affordable home in 2000. RECOMMENDATION: The EDA Board of Commissioners is recommending that the City Council request Anoka County transfer the forfeit parcel at 4501 Madison Street NE to the Columbia Heights Economic Development Authority for $1.00. RECOMMENDED MOTION: Move to recommend the City Council request Anoka County transfer the tax forfeit parcel at 4501 Madison Street NE to the Columbia Heights Economic Development Authority for $1.00. Attachments: COUNCIL ACTION: VERIFICATION OF SPECIAL ASSESSMENTS PIN~ F26 30 24 43 0012 Date of Forfeiture 5-15-97 Before Forfeiture Amount Alter Fort'eiture Amount $8,~82.60 Assessments Not Previously Certirmd ......... Watershed District We a~k that you enter the amount of special assassments by category on the above parcel. If there are none, please enter a zero. If your municipality or town~hip ha~ not previously certirmd special assessments on a forfeit property, you should now certify them to the Property Recordi and Ta .xation..c~. ~, and enter them on the line, "Special Assessments Not Previously Certified." Improvements before forfeiture Ihould include principal and i-ntere~t up to the date of forfeiture and all deferred installments of principal. Improvements after forfeiture ~houid include only the Ix)tel principal amounf. MS 282.01 Subd. 3 requires improvements made after forfeiture to be conliderecl by the County'Board in setting the ~pmisecl value for sale purpcmes. The ~pportionment of proceeds alter sale is done in accordance with MS 282.08. Clerk of Township, Municipality or Watemhed District Date 19, 1999 · O~-~S-gg OZ:OZP P.OZ MEMO To: Ken A~etsom Comnn~ty Development Din. ctor Fax 782-2857 Do~,~.~ ~attson, ~ousing D;reetoz 4~/~ Am, ka Couuty Commu.ity AcU,,m, 7&~-~?~9 Subject: 4~dl & Madison Dat~: Ocloher 15,1999 .) RECEIVED hi::! 1 5 1099 ~OMMUNI'IY DEVF..LOPMEN5 It:y.u hav~ any quostlcm, ur cone.rrm please c~mtact me at 783-4739 i CITY OF COLUMBIA HEIGHTS , 590 40'tH AVENUE N.E., COI. UMBJA HEI~NT~, MN 55,421-38'78 (612.) ?82-2800 TOD 782.-2806 Mayor ~ L. Per.or, Councilmembers Domdd/3. Jolly Juliennc Wyckoff John Hunter City Manager Waher R. Fehst COI~L~UI~TY DEVELOPMENT Date: August 11, 1999 To: From: Re: Ken Anderson, Community Development Director ~o~ Ho, mAn, City Plann~t/-/~ lnt'onnation regarding 4501 Madison Street The property at 4501 Madison Street NE is zoned R-2, single and two family residential. The parcel is roughly 41.5 feet wide and is 1 I6.7 feet long. Note that there is a dr/veway easement over the northerly 12 feet. The following summarizes minimum yard and density requirements in the R-2 District. · Minimum lot area shall be 6,500 square feet - existing property is roughly 4,843 square feet*. · Lot width shall be 60 feet - subject property is 41.5 feet wide*. · Front yard setback shall be 25 feet. · Rear yard setback shall be 30 feet. · When a lot is not served by a public alley, the property shall have one side yard not less than 10 feet and the other side yarci shall be 5 feet.' Also a side yard abutting a street shall be no less than 10 feet. · No accessory structure, including attached garages, or any combination of accessory structures shall exceed 1,000 square feet. · Lot coverage shall not exceed 35%. *Regarding the lot width and lot size requirements, Section 9.104(4) of the Zoning Ordinance states that a lot that has frontage on a public fight-of-way and said space requirements for the district in which it is located are met or adjusted to conform to the following may be utilized for single family detached dwelling purposes provided the measurements for such area meet 100% of the front yard, side yard and rear yard setback requirements of the Ordinance and 60% of the minimum lot area or lot width requirements of the Ordinance. The property is in compliance Please note that according to our records the sanitary sewer service has been abandoned to the property line and the water service has been abandoned and removed to the Main. The building envelope for a single family home on this parcel is approximately 26.5 feet wide and 61.7 feet long (1,635 square feet). The minimum floor area requirement for a one story dwelling containing 3 bedrooms or less is 1,020 square feet. Based on this requiremenr,'thcrc appears to be room on the property to construct a single family home with an attached garage. A detached garage could also be constructed, but it could not be built within the 12 foot driveway easement over the northerly portion of the lot. THI~ CITY OF' COI. UMIIA HEIGHTS OOES NOT OISCNIMINAT[ ON THI~ BASIS OF* DISABILITY iN I~MI~I. OYMENT O~ THE ~O¥~SION OF SIrRVIC~'S .~, [QUA~. Oi~II)ONTUNITY I~M~)L. OyER i ! j S C,~'N'N'ED RECEIVED JUL 2 0 1999 Office of Governmental Services Division GOVERNMENT CENTER 2100 3rd Avenue * Anoka, Minnesota 55303-2265 (612) 323-57OO GENE RAFFERTY Mr. Walter R. Fehst, City Manager City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 July 7, 1999 Re: Tax-Forfeit Parcel 26-30-24-43-0012 - 45th and Madison Street NE Dear Mr. Fehst: I am transmitting to YoU a proposal made by the Anoka County Community Action Program (ACCAP) to buy the captioned parcel for their Affordable'Housing Program. We are all aware of the Critical need for this type of shelter in our county. Commissioner Kordiak feels the highest and best use of the property is to put an affordable home on it rather than letting the lot set vacant. One of ACCAP's requests is to ask the city to forgive some $9,200 in special assessments. One other alternative could be for the city to reduce the assessments against the property. Would you kindly bdng ACCAP's request regarding special assessments before the city council for their consideration. Thank you. GR:bje Enclosure CC: Commissioner Jim Kordiak Commissioner Dennis D. Berg Patrick McFarland, ACCAP Director Yours very truly, Gene Raffertyll I Anoka County Land commissioner FAX: 323-5682 Affirmative Action I Equal Opportunity Employer TDD/TTY: 323-5289 MEMO To: From: Subject: Date: P, tz~], McF,zl~:c], F. xec~t~ Dizect~ A=o]~ Coant~ Co~-,~,,-~t~A~-t~oz~ 783-~725 4501 Ma~on Stzeet, Col-~-km H,~4b ACCAP L, m~ ia ~ t~, gmg,~ &t 4501 Mad~a Street m Co]-~-Lm He~t, /=r ~, ACCAP/Co~ A~e Housm~ Pw~,za. P]eue ~ Com,-~.,ione: Ko~.1. c~ o~ ~nteze~ 91 ~95.60 94 I30.88 95 2843J8 96 550?.94 ACCAP -,~ --1, that ~e me,,,,-:~, qabx,~ ~,b ~ 4e 4r~*n so that the co~ iavolved .itl, d~,. lot ~ I~ 7o~ ~ve a=y ~estioas ay concezas pleue contact me it'L'~e ~ove nu.m~er or Doa.~, Mat+so- at 75_~-4239 CC: Dom~ Matt,on. ..,ocument Name MSTINT000379JUL07999907 M A S T E R KEY:00268285 YEAR:2000 ACCT:F26 30 24 43 0012 LOC=12 4501 NE MADISON ST LEGAL:THE W1/2 OF LOT 4 BLK i INQUIRY SCREEN FEE OWNER:MN STATE OF IN TRUST TAXPAYER:MN STATE OF IN TRUST C/O ANOKA CO PROP REC & TAX 2100 3RD AVE GILLETTES ANNEX TO COL HGTS, ANOKA MN 55303 EX N 86 FT THEREOF, ALSO EX E ASSESSOR:MN STATE OF IN TRUST CITY:COLUMBIA HEIGHTS PC: C/O ANOKA CO PROP REC & TAX CREATE:1983 ANOKA MN 55303 ACRES: VALUATIONS LAND: * IHPR: * EST MKT: TAX MKT: TAX CAP: * PP REFT ********************* 1999 * TAX DUE TAX' OUTST DATA ************************** P/I/C TOTAL DUE * BUILDING INFO TYPE:EA 1V BLT= EFF: CONST: FUNC: DATA: MESSAGE: 6300 *STC=4B1 SPEC: 6300 * NOTES= ADJ-N NAL-Y 104 *ACT CDT DESC: DELQ-N * ******************************************************** DITCH: BEN ACRES: BEN AMT= LEVY:14013I AREA:CH01 INCDST: AG PT WASTE: LAST SALE:9999/99/99 PCA:5101 ~XEMPTIONS:FOR ACTIVITY=1999/05/05 STC:4B1 RES-NON-HST CHAIN:*NONE* YR:2000 ~ate: 7/7/1999 TAme: 8:23:32 Economic Development Authority Minutes August 17, 1999 Page 4 with a sununeay document for EDA review. He reminded members that budget figures would change for 2000 due to the sale of the duplexes and the mm back of the Section 8 program. He also noted Fund 203, Parkview Villa North, shows to be short $42,605, but reminded members the $135,000 revenue from the CIAP Grant is not reflected in this amount. Mr. Ruetfimann felt fund numbers were scattered and confusing. Mr. Anderson indicated these numbers were assigned long ago. Mr. $olly questioned personnel costs. Mr. Anderson stated the Budget includes $43,000 plus fringe benefits for a Community Development Assistant and $8,840 for an intern position. Mr. Ruettimann indicated he will speak to Mr. Fehst regarding Parkview Villa boilers and the 2000 Budget and levy. He also suggested the levy be set at the maximum as it is possible to reduce it, but not to increase it. Mr. Anderson estimated the levy at $111,000 for the EDA and $80,000 for the I-IRA assuming the estimated market value is the same as last year. Mr. Anderson stated the EDA should submit the proposed budget to Council. Mr. Ruettimann suggested the EDA meet prior to the August 23 Council meeting or the August 30 Council Work Session. 4. 4501 Madison Street NE StaffRepon. Mr. Anderson indicated ACCAP wants to construct a home on this property and requests a reduction in the special assessments against the property. Discussion included if the property was buildable, what the easement Was, would it be taxable property if obtained by ACCAP, if the neighbor would be interested, and if the City could obtain the property and sell it themselves. Ms. Szurek was not comfortable with releasing all assessments to the property. Discussion followed. MOTION by Szurek, seconded by $inclra, to offer Anoka County $1.00 and value consideration for the properly at 4501 Madison Street NE. Mr. Anderson indicated Anoka County set the value on the property at $6,200. All ayes. Motion carried. 5. Section 8 Report. Mr. Anderson indicated Section 8 program utilization was down to 80 percent. He stated Mr. Rothschild is currently going through the waiting list to increase the program utilization. 6. MHFA/CDBG Report. Mr. Anderson indicated he is reviewing the CEE agreement and upon completion will obtain the necessary signatures to finalize the agreement. ADMINISTRATIVE REPORTS A) Report of the Deputy Executive Director. Mr. Anderson stated he has been approached by a local firm regarding 3800 5~ Street NE, the old Minneapolis Steel building,, to construct a new building at the site. This property was purchased in April, 1999 by a firm from Denver for approximately $1,750,000 and they are now asking approximately $3,000,000. Negotiations continue. The local fu'm questioned how much TIF is available and if there are State redevelopment grants available. MEETINGS The next EDA meeting is scheduled for 6:30 p.m., Tuesday, September 21, 1999 in Comrmmity Room B at Parkview Villa. Meeting adjourned by President Ruetthnann at 8:50 p.m. Respectfully submitted, Patty Muscovitz Recording Secretary H:~D.a~x$-I 7-1999 CITY COUNCIL LETTER Meeting of: November 22, 1999 AGENDA SECTION: PRESENTATIONS ORIGINATING DEPT.: \ CITY MANAGER NO: 5 Recreationy APPROVAL, ITEM: PRESENTATION BY BUETOW & ASSOCIATES BY: Keith Windschitl ON MULTI-USE CENTER PLAN DATE: November 18, 1999{~' NO: ,~'. ~, BACKGROUND: Tom Dunwell of Buetow & Associates will formally present the concept plans of the multi-use center to the City Council and answer any questions regarding the plans. COUNCIL ACTION: CC-Architectpresentation CITY COUNCIL LETTER Meeting of November 22, 1999 AGENDA S~TION: ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: New City Ordinance for Consuming in BY: Thomas M. Johnso~ BY: NO. Public ~s. J~e', DATE: November 12,1999 ' "' DATE: e v-'"7 BACKGROUND Recently we have had more and more issues within our community involving calls to individuals consuming intoxicating liquor and/or nonintoxicating malt liquor in public places such as street(s), highway(s), alley(s), sidewalk(s), boulevard(s), and other places fi:equented by the public. We have also received these complaints on private property without the owners consent and in areas that are not a licensed facility to serve or consume intoxicating liquors or nonintoxicating malt liquors. A~.ALYSIS/CONCLUSION: It is felt by the police department that we need a tool in the form of the attached Ordinance that will allow us to tag and/or arrest the individuals involved in these activities. The department has reviewed an ordinance that is used in the City of Minneapolis for these types of situations, and we are proposing the attached ordinance for the City of Columbia Heights. RECOMMENDED MOTION: Move to waive the reading of the Ordinance, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1401, being an Ordinance regulating consumption in public. TMJ:mld 99-366 Attachment COUNCIL ACTION: ORDINANCE NO. 1401 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, PERTAINING TO CONSUMING IN PUBLIC The City of Columbia Heights does ordain: SECTION 1: Chapter 10, Section 113, Subdivision (15), of Ordinance No. 853, City Code of 1977, shall be amended to hereafter read as follows, to-wit: 10.113(15) Consuming in public. No person shall consume intoxicating liquor as de£med by Minnesota Statutes, Section 340A. 101, Subdivision 14, or nonintoxicating malt liquor as defined by Minnesota Statutes, Section 340A. 101, Subdivision 19, while (1) on a public street, highway, alley, sidewalk, boulevard, or any place frequented by the public; (2) on any private property without the consent of the owner of such property; or (3) while in a vehicle upon a public highway. This section shall not prohibit the consumption of such beverages at duly licensed on-sale premises, or if otherwise authorized by law. SECTION 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: November 8, 1999 November 22, 1999 Gary L. Peters0n, Mayor William Elrite, City Clerk CITY COUNCIL LETTER Meetin~ of November 22, 1999 AGENDA SECTION: ORIGINATING DEPARTMENT CITY MANAGER NO. ~ POLICE ~ APPROVAL.~ ITEM: New CityOrdinanceforLoiteringin.o BY: Thomas M. Johns~ BY: Jr~f~-~ NO. Possession of Open Bottle .~0 ~,,~o DATE: November 12, 1999 DATE: BACKGROUND Recently we have had more and more issues within our community involving calls to individuals consuming and loitering in public while consuming intoxicating liquor and/or nonintoxicating malt liquor in public places such as street(s), highways(s), alley(s), sidewalk(s), boulevard(s), and other places frequented by the public. We have also received these complaints on private property without the owner's consent and in areas that are not a licensed facility to serve or consume intoxicating liquors or nonintoxicating malt liquors. ANALYSIS/CONCLUSION It is felt by the Police Department that we need a tool in the form of the attached ordinance that will allow us to tag and/or an'est the individuals involved in these activities. The department has reviewed an ordinance that is used in the City of Minneapolis for these types of situations, and we are proposing the attached ordinance for the City of Columbia Heights. RECOMMENDED MOTION: Move to waive the reading of the Ordinance, there being ample copies available for the public. Attachment COUNCIL ACTION: ORDINANCE NO. 1402 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CrrY CODE OF 1977, PERTAINING TO LOrTERING IN POSSESSION OF OPEN BOTTLE The City of Columbia Heights does ordain: SECTION 1: Chapter 10, Section 113, Subdivision (16), ofOrdinanceNo. 853, City Code of 1977, shall be amended to hereai~er read as follows, to-wit, 10.113(16) Loitering in possession of open bottle. No person shall loiter in any public street, highway, alley, sidewalk, boulevard, or any other public property, or on any private property without consent of the owner of such property, while in possession of any bottle or other receptacle containing intoxicating liquor or nonintoxicating malt liquor that has been opened, or the seal broken, or the contents partially removed, with intent to consume such intoxicating liquor or nonintoxicating malt liquor. This section shall not prohibit the possession of alcoholic beverages at duly licensed on-sale premises if otherwise authorized by law. SECTION 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: November 8, 1999 November 22, 1999 Offered by: Seconded by: Roll Call: Gary Peterson, Mayor William Elrite, City Clerk CITY COUNCIL LETTER Meeting of November 22, 1999 AGENDA SECTION: Ordinances and Resolutions ORIGINATING DEPARTMENT: CITY MANAGER ~ Fire APPROVAL NO: ITEM: First Reading of an Ordinance Amending BY:Dana Al exon BY.'/_ Chapter 5A of City Code of 1977 ~a/ a~ ~' ~ ~,no ~n , $~ DATE: November5,1999 DATE: NO: Background: The Fire Department is responsible for administration of the Housing Maintenance Code (Chapter 5A of City Code). Staff had proposed several changes to the code and a First Reading of Ordinance #1395 was held on June 14, 1999. At the Second Reading of Ordinance #1395, three rental property owners spoke about the changes which were proposed. Council tabled action on the ordinance at that time and directed staff to meet with rental property owners to receive additional input on the proposed changes to the code prior to further action by the Council. Analysis: The requested meeting was held on August 17, 1999. There were 26 rental property owners in attendance according to the sign-in sheet fi:om the meeting. Based upon input fi:om those rental property owners in attendance as well as telephone calls fi:om a few other rental property owners, staffis recommending changes to some of the original provisions included in Ordinance #1395. The changes are substantial enough in nature to require beginning with a First Reading of the ordinance rather than continuing with the Second Reading, according to the City Attorney. Attached are two documents which may assist Council members with interpreting the portions of the code which are being revised. First is a copy of a letter which was mailed to all rental property owners on November 5 to summarize the changes which staff is recommending. Following that is a document called the 'Summary of Proposed Changes,' which goes into more depth on the portions of the code which are affected by this change. Finally, the complete text of Chapter 5A is presented in the form required for ordinance changes. The entirety of Chapter 5A is included in both it's present and proposed form since there are a number of minor wording changes which affect many sections of the chapter. It is the complete text for which Council will be voting. 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 Ordinance # 1395 for December 13, 1999 at approximately 7:00 p.m. COUNCIL ACTION: COLUMBIA HEIGHTS FIRE DEPARTMENT 5BB M~u. ST~'"r H.E., COLUMBIA HI[II]HTS, ~ 55421 OFIqCl[: 6 ! 2 782 2830 INS~'~C'nONS: e, ! 2-782-2835 FAX: 6 ! 2-782-2833 TI)O: 612-782-2806 November5,1999 Dear Rental Property Owner:. Based on the input which was received from rental property owners at the August 17, 1999 meeting, the staff of the Re,ntal Housing Office has revised the proPOSed changes to the Housing Maintenance Code. The Housing Maintenance Code revisions will be placed on the agenda for the City Council meeting on November22, 1999. At this meeting a First Reading of the ordinance will be held. Any ordinance change must have both a First and Second Reading. The anticipated schedule for the Second Reading will be December 13, 1999 at the City Council meeting. If the ordinance passes at that meeting, it would go into effect 30 days later. As you may recall there were six main changes to the Housing Maintenance Code which were being proposed by staff along with some dean-up of code language. FolloWing is a summary of the status of each of these changes. Proposed change: Allow the city to bill the owner of the property for costs associated with license revocations and posting of property, Based on input from the August 17 meeting, property owners will only be billed if total expenses for their rental properties exceeds $100.00 per year. Typical costs associated with license revocation procedures for a duplex are less than $30.00, so most rental property owners would never see any charges for these actions. Proposed change: Allow Inspections to be conducted biennially rather than annually. No further changes made since August 17. Severel owners suggested longer periods of time between inspections than 2 years. The Rental Housing staff is not opposed to a longer period in the future but we want to see how the situation works with inspections every other year. Proposed change: Grant an exception to the licensing requirements for owner- occupied rental property in which every unit Is occupied by the owner or the owner's relatives. Most discussion at the August 17 meeting centered around the definition of "relative". We have modified the definition of relative to be more specific; the definition we are using is that which is used for Homestead classification in Minnesota. Proposed change: Require driveways and parking areas to be plowed in winter. This provision has been removed. Landlords reised many issues at the August 17 meeting which caused staff to believe the issue was too complicated for the benefit to be received. THE CITY OF' COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SF'RVlCES EQUAL OPPORTUNITY EMPLOYER Proposed change: Add certain provisions .of the Minnesota Uniform Fire Code to allow them to be enforced on one- and two.family rental dwellings. No change since August 17. Proposed change: Constitutionality changes ss recommended by the Judge in the Rozman v. City of Columbia Heights and Armstrong v. City of Columbia Heights .actions. No change since August 17. Proposed change: Clean up Inconsistencies in code language. Discussion at the August 17 meeting centered on the length of time which is granted for violations to be corrected, and the length .of time for which extensions may be granted. Changes to the length of time which is granted for violations will remain as staff had proposed (reduced from a total of g0 days to a total of 60 days). The amount of time granted for extensions will remain as it is currently (6 months). As was done in the past, a Summary of Proposed Changes is available from the Rental Housing Office. This document contains the complete text of the portions of the Housing Maintenance Code which are being changed. The summary is free of charge to rental property owners. Also, a copy of the complete ordinance as it is being proposed is available for viewing at our office or the Columbia Heights library. If you desire a copy of the complete ordinance for your use, you may purchase it at our standard copying rate of $.50 for the first page and $.25 for each page thereafter. If you have questions which these documents do not answer for you, or to request a copy of the Summary document, please contact our office at (612) 782-2835 or stop by during regular city hall business hours. Sincerely, Dana Alexon Housing Enforcement Official c2.99271.wpd Summary of Proposed Changes to the Housing Maintenance Code of the City of Columbia Heights November, 1999 This document is a summary of the intended changes to the Housing Maintenance Code (Chapter 5A). This document contains excerpts of the current code and the proposed code which would replace it. This is not the entire code. Proposed Change: Allow the city to bill the owner of the property for costs associated with license revocations and posting of property. This is a new provision in the ordinance. The following paragraphs are being added: 5A.505(1 ) The Housing Enforcement Officer shall be authorized to request reimbursement of expenses in excess of $100.00 per rental property owner in any calendar year which are related directly to suspension or revocation of the rental license from any or all rental property owned by said owner. 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 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. 5A. 505(3) 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. 5A.505(4) 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. 5A.505(5) 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. 5A.505(6) 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 to the previsions of this chapter. Pro_Dosed Chanqe: Allow inspections to be conducted biennially rather than annually. Affects the following paragraphs. Paragraph 54.303(1), which currently reads as follows: 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). Would be changed to read as follows: 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). A copy of the "Rental Inspection Policy" is attached to this document. Also, Paragraph SA. 403(1), which currently reads as follows: Upon receipt ora 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. Would be changed to read as follows: 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. Housing Maintenance Code Summary -2- November, 1999 Proposed Chanpe: Grant an exception to the licensing requirements for owner- occupied rental property in which every unit is occupied by the owner or relatives. Paragraph 5A. 103(1), which contains the following definition of a rental dwelling: 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. Would be changed to read as follows: 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 the owner's child, stepchild, daughter-in-law, son-in-law, parent, stepparent, parent-in-law, grandchild, grandparent, brother, brother-in-law, sister, sister-in-law, aunt or uncle. Rental dwellings for purposes of this Code do not include hotels, motels, hospitals or homes for the aged. Housing Maintenance Code Summary -3- November, 1999 Proposed Chanae: Add certain provisions of the Minnesota Uniform Fire Code to allow them to be enforced on one- and two-family rental dwellings. Solid Core Doors Required Paragraph 5A.202(1)(c), which currently reads as follows: All ingress, egress and interior doors shall be kept free of holes and/or punctures. Would be changed to read as follows: All ingress, egress and interior doors shall be kept free of holes and/or punctures. Ail 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. Smoke Detectors Required on Each Level Paragraph 5A.209(1), which currently reads as follows: 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. Would be changed to read as follows: 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 corridor 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. Ail 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. Prohibit combustible storage in equipment rooms Paragraph 5A.209(1)(d) would be added to the code, to read as follows: Combustible material shall not be stored in boiler rooms, mechanical rooms or electrical equipment rooms. Housing Maintenance Code Summary -4- November, 1999 Proposed Chan_=e: Constitutionality changes as recommended by the judge in the Rozman v. City of Columbia Heights and Armstrong v. City of Columbia Heights actions. Paragraph 5A.603, which currently reads as follows: No person, firm, corporation or licensee shall re~use or fail to allow the Building Official to enter a dwelling or unit for the purposes of inspection when authorized by this Chapter. Would be changed to read as follows: 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. Housing Maintenance Code Summary -5- November, 1999 ProDosed Chan;e Clean up inconsistencies in code language. Following is a list of the types of changes being made. In some cases, specific references are made to particular code paragraphs. 1. The code would be called the Residential Maintenance Code instead of Housing Maintenance Code. All references are changed within the code. 2. Minor changes affecting the following paragraphs: The definition of an apartment unit, which currently reads as follows 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. Would be changed to read as follows: 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 are used or are intended to be used for living, sleeping, cooking or eating. The definition of housing code, which currently reads as follows Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 Edition, International Conference of Building Officials. Would be changed to read as follows: Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 Edition, as amended, International Conference of Building Officials. The title of the official charged as the agent of the City Manager to enforce this code would be the "Housing Enforcement Officer." All references to this position have been changed throughout the code. 4. Paragraph 5A.207(1)(b)(3), which currently reads as follows: 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. Would be changed to read as follows: 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 Housing Maintenance Code Summary -6- November, 1999 crevices by foundations must be promptly removed to avoid structural damage. The time allowed for repair of violations would be reduced. This change affects the "Rental Inspection Policy". Several documentation requirements have been removed from the license application. The legal description of the property, number of toilets and bath facilities and description of exterior construction of the building would no longer be required. These references were in section 5A.402(1). e The landlord training requirement (paragraph 5A.407(1 )) has been removed. This provision had not been enforced since at least 1995. Housing Maintenance Code Summary -7- November, 1999 Columbia Heights Fire Department POLICY Subject: Number: Date: Affects: Re-Evaluation Due: Rental Inspection Policy 99-4 November 4, 1999 All Rental Housing Inspection January, 2003 2OOO PURPOSE This policy is intended to guide inspections. POLICY It shall of the of Rental Licensing hts to conduct Rental License inspections in this document and in accordance with Chapter 5^ Thi llicy affects im. staff and inspection staff assigned to the Rental Licensing for conducting inspections shall be Monday through Friday, 9:00 am-11:00 am and 1:30 pm-4:30 pm. Rental Licensing inspections shall be conducted annually for the exterior of all rental dwellings and for the interior common areas of all residential rental properties with Page 8 of 10 three or more units. This inspection shall be scheduled by office staff and conducted by inspection staff at approximately the same time of year in which the Rental License is due for renewal. Any violations found shall be corrected prior to issuance of the new Rental License. A complete intedor and exterior inspection of all residential rental be conducted bi-annually. The complete inspection shall units, any interior common areas and the exterior of the p shall be scheduled by the property owner with the Rental Licensing office. The notice shall staff along with the annual relicensing be corrected prior to issuance of the new shall residential i~s inspection ring notice from owner by office ~s found s The property identification number will be properties receive complete inspections. P ID number will have complete inspections du~ which have an odd property ID number wi[ numbered years. ~rmine th which have an even property years. Properties )ns during odd When violations are found by reasonable time to correct the the Rental Licensing office: shall be given schedule to be used by Type of Viol~ dry cant life ;afety Notes: ~Citation for has hours 24 hours 30 days 10 days Time to 2nd Time to Final Re-Inspection Re-Inspection Citation Citation~ 15 days 10 days Citation or inoperable smoke detectors shall be given to tenant if owner evidence to our office that smoke detector was provided by ;r and was present and operational prior to our inspection. may be granted by the Rental Licensing office upon request of property er. See extension procedure below. o Extensions to the violation correction schedule above may be granted by the inspection staff, office staff or the Housing Enforcement Officer subject to the Page 9 of 10 following guidelines. Seasonal extensions for exterior work which cannot be completed dudng cold weather. Extension may be granted to no later than June 1 of the following year. Examples include extedor painting, concrete or asphalt work, landscaping or other work with soil which is frozen, normally able to complete structural work such as siding repla ~pairs dudng winter months; no extension generally be these types of violations. Requests for extensions receiVed routinely by inspection length of time normally allowed than this requires the approval of the a the Any len.c 3nger 'lcer. Extensions are not granted for smoke detectors. or inoperable Extensions involving require the approval of property owner will significant efforts circumstances roi of 70 degrees) Officer. Generally the provided that .perty owner to comply and owner exist. Extensions rental ~g the life safety of occupants of the Housing Enforcement Officer and of time no longer than 10 days. Fire Ch Date 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, shall be further amended as follows: Chapter 5A HOUSING MAINTENANCE CODE Article I General Provisions Section 1: 5^.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 Section 2: 5A.102(1) Section 3: 5A.103(1) (a) (b) (c) (d) (e) 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 dghts to personal privacy. Applicability 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, 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. 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 (f) (g) (h) (i) 0) (k) (m) (n) (o) (P) (q) (r) separated shall be deemed a separate building. Building official. Agent designated by the City Manager to enforce provisions of the Housing Maintenance Code. 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). 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, International Conference of Building Officials. 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. (s) (t) (u) (v) (w) (x) (y) (z) (aa) (bb) 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 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 right-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._ 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. (cc) Rubbish. Rubbish is defined in 55.605(2) (b) of this City Code. (dd) (ee) (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 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. Bathtub or Shower. Every dwelling unit shall contain a nonhabitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. A bathtub or shower shall be properly connected to an approved water supply system, shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to the City sewer system. (g) Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every flight of stairs which is four risers or more high shall have handrails which conform to the standards set forth in §6.201(1). Every porch, balcony or deck which is more than thirty (30) inches high shall have a guardrail located at least thirty-six (36) inches above the floor of the porch or balcony. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have (h) (i (J) settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of staim may have rotting, loose or deteriorating supports. The treads and risem of every flight of staim, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live Icad or one hundred (100) pounds per square foot of horizontal projection. 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 pumuant to Chapter 5^, 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 repaim, 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 doom 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 doom, and locked doom leading from the hallways into individual dwelling (b) (c) Section 3: 5A.203(1) (a) (b) (c) 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. 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. All ingress, egress and interior doors shall be kept free of holes and/or punctures. Light, Ventilation, and Electric 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: Habitable Room V~ntilation. 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. 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. 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 electdc 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 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 (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 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 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 exterior surfaces, other than decay resistant materials, shall be covered by paint or other protective covedng or treatment which protects the extedor 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) (f) (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, Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be maintained in a tight weatherproof condition and may not be covered wholly or partially by toxic paint or materials with a lasting toxic effect. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean state. 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 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 diffedng 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 omamental landscape materials. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. (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 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. (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 §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. (f) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways. Between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all Parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1998. (i) Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. 5A.208 (2) Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to a variance. Section 9: Fire Safety 5A.209 (1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit; (a) Every existing dwelling unit shall be provided with smoke detectors conforming to U.B.C. Standard No. 43-6. Detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detectors shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. (b) In new construction of any dwelling unit and in common hallways and other common areas of existing units, required smoke detectors shall receive their pdmary power from the building wiring when such widng is served from a commercial source. Wiring 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 and upon conviction thereof, shall be subject to a fine of not more than two hundred ($200.00) dollars. 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 dudng 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, ^rticle 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) During each of the past two years that the owner or landlord has applied for license renewal, they have failed to correct Housing Maintenance Code violations on a timely basis, as evidenced by two written 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 period of one week, shall be considered to be one complaint for the purposes of this Section. If any one of the above set forth conditions occur, the City Inspections Department will notify the landlord, in writing, that the landlord will be hence forth required to have the building inspected upon each tenant occupancy change. It will also be the responsibility of the landlord to provide a list of current occupants and a 72 hour notification of a new tenant move-in. The tenant occupancy change inspections shall occur for a 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) Descdbe 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 pedod 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) 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. 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 Building Official 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 prior 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 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 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) 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 during the licensing period. 5A.404(2) The City may by Council resolution establish a reinspection fee. If a dwelling unit is not currently licensed, no license may be issued until all outstanding reinspection fees shall have been paid. If a dwelling unit is licensed, the license for such dwelling unit shall expire twenty (20) days after the licensee or his agent is notified of the outstanding reinspection fees, unless payment is made before the expiration of the twenty (20) day period. Section 5: License Display 5A.405(1) A license issued under this Chapter shall be conspicuously displayed on the rental premises wherever feasible. The licensee shall promptly produce the license upon demand 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 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; (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. (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 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 dudng 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 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. 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. 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 5^, 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 1: 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 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 privacy. Section 2: Applicability 5A. 102(1) Section 3: 5A. 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 enfomement 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 are used 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) 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. (k) Functioning. In such physical condition as to safely perform the service or services for which an item is designed or intended. (I) Garbage. Garbage is defined in 5.605(2)(a). (m) 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. (n) Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at faucet outlet. (o) Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 Edition, as amended, International Conference of Building Officials. (P) Housing Enforcement Officer. Agent designated by the City Manager to enforce provisions of the Residential Maintenance Code. (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 (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 the owner's child, stepchild, daughter-in-law, son-in-law, parent, stepparent, parent-in-law, grandchild, grandparent, brother, brother-in-law, sister, sister-in-law, aunt or uncle. 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. establish their habitat. A place where rodents commonly live, nest, or 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 (ff) (gg) (hh) 5A. 103(2) Article II Section 1: 5A.201(1) (a) (b) (c) 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, .... 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 propedy 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 privacy. A bathtub or shower shall be properly connected to an approved water supply system, shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to the City sewer system. (g) Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every flight of stairs which is four risers or more high shall have handrails which conform to the standards set forth in §6.201(1). Every porch, balcony or deck which is more than thirty (30) inches high shall have a guardrail located at least thirty-six (36) inches above the floor of the porch or balcony. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load or one hundred (100) pounds per square foot of horizontal projection. (h) (i) O) 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 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 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 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 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. 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 propedy 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 electdc 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 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) (b) (c) (d) Section 5: 5A.205(1) (a) (b) 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 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 fight and shall be kept in repair. Every window other than fixed window shall be capable of being easily opened and shall be equipped with screens between May 1 and September 30, inclusive, of each year. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin, rodents, and insects from entering the building. (c) Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling (e) (f) (g) (h) Section 6: 5A.206(1) (a) shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be maintained in a tight weatherproof condition and may not be covered wholly or partially by toxic paint or materials with a lasting toxic effect. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean state. 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 ½" 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. 5A.206(2) Section 7: 5A.207(1) (a) (b) (2) In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. 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. Screening and Landscaping 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 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. ^ 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. 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 merchandise. (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. (c) General Screening. All loading, service utility, mechanical equipment, and outdoor storage areas, including dumpsters and refuse containers for dwellings of three (3) or more units shall be screened from all public roads and adjacent residential uses of property. All parking lots for dwellings of three (3) or more units if the property on which the lot is located abuts a differing land use and is not separated from the differing land use by a public street, roadway or alley shall be screened from adjacent differing land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five (75) percent capacity year-round. (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 (e) (f) (g) Section 8: 5A.208(1) (a) (b) (c) (d) (e) (f) 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. 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. 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. Variances under §5A.207 shall be enforced and administered in accordance with §5A.208(2). Exterior Parking, Pedestrian Walkways and Lighting. 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: 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. The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. All required parking spaces must be surfaced with asphalt or concrete. Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. 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 (g) (h) (i) 5A.208 (2) Section 9: 5A.209 (1) (a) (b) (c) 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 cdteria 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 corridor 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 pdmary power from the building wiring when such widng is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for over current protection. No person, firm, or corporation shall tamper with any smoke detection device. Any person, firm, or corporation proven to have tampered with any (d) Section 10: 5A.210(1) Section 11: 5A.211(1) 5A.211(2) 5A.211(3) 5A.211 (4) 5A.211 (5) smoke detection device shall be guilty of a misdemeanor pursuant to §5A.611. Combustible matedal shall not be stored in boiler rooms, mechanical rooms or electrical equipment rooms. 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 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) Inspections on individual dwelling units shall be required for tenant occupancy changes under the following conditions; (a) During each of the past two years that the owner or landlord has applied for license renewal, they have failed to correct Residential Maintenance Code violations on a timely basis, as evidenced by two written Compliance Orders by the Housing Enforcement Officer of the City of Columbia Heights; or (b) Dudng 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 adsing 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 wdting, 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. Section 4: Compliance Order 5A.304(1) 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: (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 dght to appeal; and (d) 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 hearing the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under 5A.303(1). All appeals shall be conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition, International Conference of Building Officials. Article IV Section 1: 5A.401(1) Section 2: 5A.402(1) (a) (b Licensing License Required 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. License Procedures 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. 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 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: 5A.406(1) Section 7: 5A.407(1) (a) (b) (c) License Transfer 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. License Renewal 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: Completing the renewal form furnished to the owner, operator, or agent of the rental dwelling, by the Housing Enforcement Officer and Mailing the renewal form and the required registration fee to the Housing Enforcement Officer, and 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: 5A.408(1) 5A.408(2) (a) Suspension or Revocation A license issued or renewed under this section may be revoked or suspended upon a finding of noncompliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. 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: 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 material fact in any application for a license under this chapter shall be a prima facie showing of cause for revocation, suspension, or other such action restricting the privileges of a licensee as the Council may determine. Section 9: License Fees 5A.409(1) License fees, inspection fees, and reinspection fees shall be established by Council resolution. Section 10: Conduct on Licensed Premises 5A.410 (1) It shall be the responsibility of the licensee to take appropriate action following conduct by persons occupying the premises which is determined to be disorderly, in violation of any of the following statutes or ordinances: (a) 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 { I 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 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 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). 5A.410(5) If another instance of disorderly use of the licensed premises occurs within 5A.410(6) 5A. 410(7) Article V: Section 1: 5A.501(1) Section 2: 5A.502(1) 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 dudng 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. ^ 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 cdminal 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. 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 Section 3: 5A.503(1) Section 4: 5A.504(1) Section 5: 5A.505(1) 5A.505(2) 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 in excess of $100.00 per rental property owner in any calendar year which are related directly to suspension or revocation of the rental license from any or all rental property owned by said owner. 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. Any and all expenses related to rental license suspension or revocation 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. 5A.505(3) The Council hereby authorizes the assessment of unpaid fees, fines, 5A,505(4) 5A.505(5) 5A.505(6) 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 I 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 I of each year, for Council action pursuant to the provisions of this chapter. Article VI: 5A.601 5A.602 5A.603 5A.604 5A.605 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 (§5^.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. 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. No person, firm, corporation or licensee shall fail or refuse to obey a 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. 5A.606 5A.607 5A.608 5A.609 5A,610 5A.611 SECTION 2: 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: Mayor Gary L. Peterson Willlam Eirlte, City Clerk CITY COUNCIL LETTER MEETING OF: NOVEMBER 22. 1994 AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER NO: ~'~ INFORMATIO. N SYSTEMS . APPROVAL '~ ITEM: SOFTWARE PURCHASE BY: WILLIAM J. ELRITEv-4,, NO: ,, ALEKSANDR E. CHERNIN ~-///~ J,,.,I ' '1, C,II ^TE: NOVEllE, [ / I' Back. round Over the past year staff and various committees have done a significant amount of work and research in preparing for city-wide Intemet access and the establishment of a city Web site. To date, the City Council has authorized and approved a consulting firm to design a city Web site. In addition to this, the City Council has authorized an Internet service provider, Rhythms, to establish DSL Intemet connection from the City to the World Wide Web. This connection will interface our in-house network to the Internet allowing all staff fast and efficient access to the World Wide Web. With these two items currently in progress, the final phase is to purchase software that will provide security for City data and prevent outside hackers from accessing City data over the Intemet, and to acquire e-mail software that will centralize the use of in-house e-mail with Intemet e- mail. To facilitate this, the IS staff has done significant research into products that are available. They are recommending that we acquire three software packages, those being GroupWise for e-mail access, BorderManager for overall security, and ZENworks for overall management and administration of network software. Attached are executive summaries prepared by Aleksandr Chemin, the IS Director, giving a bdef summary of these software packages. Also attached are price quotations that have been acquired on the software from four different vendors. Three of these vendors are local and one, CDW-G, is a mail order company. It is'staff's recommendation to purchase the software from PC Solutions, a local company that we have done business with for several years and which has provided an excellent level of service. It is felt that .although their price is slightly higher, the benefit of dealing with a local company outweighs the small cost · .difference. It should be noted that by purchasing the three software packages together we get a quantity discount that results in a cost savings of approximately $1,400. The current 1999 data processing budget has .adecl Mate funds available to cover this purchase. The purchase and implementaUon of BorderManager, GroupWise and ZENworks is the final step necessary to allow the City a secure, cost-effective interface to the World Wide Web. It should increase the overall productivity of City employees by supporting team building and providing fast access to information. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with PC Solutions for the purchase of BorderManager at $4,544, GroupWise at $9,867, and ZENworks at $4,494. WE:srns ~11171COUNClL Attachment 'COUNCIL ACTION: City of Columbia Heights IS Dep~ent Secure Internet Access with Novell Border Manager Executive Summary Fast, reliable, and secure Internet access is among the three top concerns of City of Columbia Heights users. The most recent official documents from federal and state governments could be found at World Wide Web sites, as well as other job-related information. Internet e-mail increases employees productivity when interacting with external entities. The permanent Interact connection using Digital Subscriber Line (DSL) offers necessary speed and reliability. However, the security issue still remains. BorderManager, the Novell software product, provides a complete security solution for the City: Internet firewaH prevents attacks from Interact hackers towards the City Information System, while allowing access to Interact for City users. Remote access allows authorized remote users to dial-in into City Information System, which is especially suitable for remote locations (liquor stores), mobile and home users. Virtual Private Networks (VPN) provide secure connection for remote organizations and users who need to tramfer confidential data over the Internet. BorderManager is a cost-effective solution because it fully integrates into existing City IS management system. The IS personnel can easily administer Interact access security at City- wide or department-wide level. As compared with other Interact security solutions, BorderManager can lower security administration cost by up to 70 percent. Prepared b~ A.Chernin .. . 11/16/99 . City of Columbia Heights . . . IS Department Increasing City Staff collaboration and productivity with GroupWise Executive Summary Quickly sharing information and ideas within orEan;-*tion is vital for increasing efficiency and productivity. Modern information technologies (called "groupware') can provide better collaboration both between colleagues and with outside partners. According to multiple industry surveys, the best groupware solution is offered by Novell GroupWise. GroupWise benefits for the City of Columbia Heights: personal internal and Interact e-mail account for each user with access to common and personal address books extensive planning and scheduling capabilities, including joint scheduling, task assignments, and resource reservation (for example, conference rooms) Universal Mailbox for easy and consistent access to e-mail messages, nppointments, to- do lists, and notes remote access to Universal Mailbox via Interact browser support for mobile users who don't have permanent connection to City network integration with existing IS network platform and management system The total cost of ownership for GroupWise is 3-4 times less than for Microsoft Exchange and 5- 6 times less than for Lotus Notes. Prepared b}~ A.Chernin 11/16/99 Cit~ of Columbia He~ il~,, ts IS Department Workstation Support and Management with Novell ZENworks Executive Summary Workstation support and management is the most time- and labor-consuming part of network administration, since it oRen requires multiple visits to user workplace. Workstation maintenance and troubleshooting tasks could be performed more quickly and efficiently with Novell ZENworks - centralized workstation support and management tool. The ZENworks benefits for City of Columbia Heights: · centralized software distribution to desktops according to user needs; · automated software upgrades at desktops; · soi~vare Ucense metering; · remote workstation troubleshooting and user support; · hardware and software inventories; · integration with existing.IS network platform and management system. Prepared by A.Chernln , , ,11/!6/99 City of Columbia Heights PaFk and Recreation Commission October 27, 1999 THESE MINU leo HAVE NOT BEEN The meeting was called to order by Eileen Evans at 6:33 p.m. ROLL CALL Members ~t: Eileen Evans; Sorry Foss; Gary Mayer;, Scott Niemeyec, Gary Peterson; Bob Ruettimann; Keith W'mdschitl, Recreation Director Members absent: Bruce Magnuson; Kevin Hausen, Public Works ~dCity Engineer APPROVAL CONSENT AGENDA Motion by Foss, second by Mayer to approve the consent agenda. All ayes, motion carried. LETTERS AND RBOUBSTS FOR USE OF LABELLE LOUNGF_./JIM GALUSKA. COLUMBIA HEIGHTS TEACHt/RS Members reviewed the request from Jim Galuska for use of the LsBeHe Lounge. Motion by Foss, second by Pe~on to approve the request for use of the LaBelle Lounge on Thursday, Sauuary 27, 2000 from 4.'~ to 9:00 p.m. for a post holiday/end of the semester social gath~ng. RP.X)UEST FOR USE OF MATHAIRFdMCKENNA ROOMfD~~ BROWN. U.S,CENSUS BUREAU Mmnb~ rovi~ a ~ ~ D~hne Brown of the U. S. ~ Bureau in which she requests use of the Maflmire/McKenna Room on Mondays, Tuesdays, and Wednesdays from 10:00 a.m. to 1:00 p.m. from November 8, 1999 throu~ July, 2000. Members discussed the request. Motion by ~ second by Niemeyer to deny tho request for use of the M~Ketma Room by Daphne Brown. All ayes, motion carried. OLD BUSINESS There is no old business at this time NEW BUSINESS PAGE TWO NI~W BUSINESS BQND REFERENDUM FLYER Memba's viewed the flyer that will be distributed in the Northeaster and Focus newspapers. The bond ref~ information will also appear in the city newsletter, "Hzight~ Happonings," which will be mailed to all city residents in mid-Novembor. Tho "Vote Yes" c, ommii~e has requested funds from tho Boostings to promote the bond referendum. Gary Peterson indicated he would like to reserve the LaBeHe Lounge for a gatbedng on Tuesday, December 14, 1999. Motion by Ruetfimmm, second by Foss to waive the fee for use of the LaBeHe Lounge on Tuesday, December 14, 1999 from 7:00 p.m. to I l:00 p.m. All ayes, motion carried. PROPOSED 2000 BUDGET Members will discuss the proposed 2000 budget at the joint meeting with the City Council and Park & Recreation Commission scheduled for 7:00 p.m. tonight. NOVEMBER AND DECEMB]~ PARK & RECREATION COMMISSION MEETING DATES The Recreation Director advised members that the November and December meeting dates are usually moved due to the Thanksgiving and Christmas holidays. Membe~ agreed to change the November meeting date to Tuesday, November 23 at 6:30 p.m. in the Keyes Room. The Docemlmr meeting date was changed to Thursday, December 16 at 6:00 p.m. at the Timberlodge Restaurant on University Ave. The Recreation Director agreed to go to the restaurant at 5:00 to save some tables for the meeting. If the Timberlodge is not available, the second choice would be the Timbedodge in Rosalie, and the third choice would be Tequilaberry's in Coon Rapids. Membe~ will be able to order off the menu at these restamants. REPORTS RECREATION DIRECTOR PUBLIC WORKS DIREC'~R/CITY ENGINEER No report at this time. COMMISSION ~F_RS F, ileen Evans mentioned that she and tho Recreation Director will plau on looking at new drains for Murzyn Hall in the near fu~e. PAGE THREE ADJO~ Motion by Foss, second by Ruettimann to adjourn. at 6:58 p.m. All ayes, motion carried. Meeting adjourned Janice McC,-hee-Fetzer, Park & Recreation Commission COLU IBIA HKIGH?$ PUBLIC LIBRARY BOARD Of MINUTES November 2, 1999 The meeting was called to order by Chair, Barbara Miller at 7:05 p.m. Those present were: Patricia Sowada, Richard Hubbard, Barb Miller, Don Jolly, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the October 5~, meeting as mailed. The budget meeting notes were reviewed for accuracy. The October 25*, 1999, bill list was reviewed. It was moved, seconded, and passed that they be paid. The November 8~, 1999, bill list was reviewed. It was moved, seconded, and passed that they also be paid. The accounting was reviewed. It was noted that the microform bill for 1999 from line item 2188 has not been received and that $9,600 has not yet been transferred back into line item 4000 for the cleaning contract. Old Business: A review of the joint City Council Library Board Budget Meeting was conducted. The Board all expressed how encouraged they felt by the response of the Council to the Board's questions about pursuing a new library building. The Board received the plan that is being distributed to Columbia Heights citizens concerning the upcoming referendum on Dec. 14. All members agreed that after the first of the year, they would like to pursue a formal commitment from the Council and designate funds to proceed with their goal. 2. The report from the ICMA newsletter about the "Role of the Public Library" was reviewed. The report concerning the Outreach Grant that was filed by Anoka County about the froggy night programs was reviewed. The review of the Policy File continued. It was moved, seconded and passed to delete the Cam Corder Borrowing Policy from the Policy File. The Organization Card Policy was reviewed. It was moved, seconded and passed to include the language: home schools and charter schools are also eligible for organization cards. A report on page positions was given. Two resignations have been received in the past two weeks. Andrea .will be leaving at the end of December when her student status ends. One new page, Rachel Wells, is currently being trained. Recruitment will start next week to fill the vacant positions. The Friends of the Library are once again collecting books for Project Bookshelf. This project continues until December 10. 7. The Chamber of Commerce is also using the Library as a Toys for Joy drop off site until December 10. Marsha is participating in the Mother read/Father read program and book donations to that cause are being solicited. Barb Miller reported that she once again enquired of City staff at Red Wing about the statuary they have outside their building. She cannot get any information on who the designer is or where they were purchased. New Business: 1. Crossover statistics were reviewed. 2. Property tax data for 1999 was reviewed from the September issue of Mn. Cities. The Anoka County Historical Society has asked Columbia Heights to provide an ornament for their Christmas tree. A design is being developed and Barb Miller has agreed to cross-stitch the ornament. There will be a presentation on November 30, 1999, at 10:00 a.m. Board members were polled for their availability. Invitations have also been extended to the City Council, City Manager, and other select members of the community. The local VFW has donated two copies of the book V.F.W. Our FirSt Century to the library. These books have been added to the circulating collection., The article about the Minneapolis PUblic Library that appeared in the Northeaster about combining two of their branches was reviewed. Invitations were distributed to the Board members to participate in National Children's Book Week. Board members are being asked to participate in a special evening storytime on Tuesday November 16, 1999. Each member would tell a story to the children. They may choose their own favorite or ask for a recommendation from the Children's Librarian. There being no further business the meeting was adjourned to executive session at 7:55 p.m. Respectfully submitted, J0dnine M. Schrnidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES OF OCTOBER 19, 1999 CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by President Ruetfimann at 6:30 p.m., Tuesday, October 19, 1999, in the Parkview Villa Community Room B, 965 404 Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Robert Ruettimann, Patficia Jindra, Marlaine Szurek, Don Jolly, Gary Peterson, Sulienne Wyckoff, and John Hunter Staff Present: PLEDGE OF ALLEGIANCE Walt Fehst, Executive Director Ken Anderson, Deputy Executive Director Randall Schumacher, Community Development Assistant Michelle Chalin, Parkview Villa Public Housing Administrator Shirley Barnes, Crest View Corporation ADDITIONS/DELETIONS TO MEETING AGENDA President Ruettimann added Elevator Modernization Change Order #1 as item 9B. 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. 1) Approval of Minutes - regular meeting of September 29, 1999. Move to adopt the minutes of the September 29, 1999 regular meeting as presented in writing. 2) Financial Report and Payment of Bills. a. Financial Statement - September, 1999. b. Payment of Bills - September, 1999. Move to approve Resolution 99-17, Resolution of the Columbia Heights Economic Development Authority (ED approving the financial statements for September, 1999 and approving payment of bills for September, 1999. 3) Section 8 Report. Move to receive the Section 8 Report as presented in writing. 4) CDBG/MHFA Report. Move to receive the CDBG/MttFA Report as presented in writing. Mr. Anderson indicated he spoke to Dave King, CEE, and there are presently 10 Deferred Grant Loans in process. Anoka County staffhas indicated to Mr. King that if the scope of work is completed and bids are sent out, these loans would be considered obligated and able to qualify for housing rehabilitation funds scheduled to expire. Mr.' Anderson has requested this information in writing. MOTION by Szurek, second by Wyckoff, to adopt the consent agenda items as listed. All ayes. MOTION CARRIED. REPORT OF THE MANAGEMENT COMPANY A. Michelle Chalin, Parkview Villa Public Housing Administrator. Ms. Chalin referred to the September management report. A fax machine has been installed. She reported occupancy figures. There are still major elevator problems occurring. The elevator maintenance company has been out five times this week. Erickson's Motor Ford has canceled the resident's bus trips to the grocery store, but Bill Ganlt will drive the Crest View vans for tempora~ transportation. A Parkview Villa resident stated she has spoken to personnel at Rainbow Foods who may provide a van for resident shopping. Ms. Chalin stated HUD Public Housing Assistance will be conducting a random resident satisfaction survey, similar to prior Crest View surveys. She has notified residents they may receive this survey. Economic Development Authority Minutes October 19, 1999 Page 2 A resident also commended Bill Gault for driving back to Parkview Villa last weekend to get the elevators working. CIT~, ZEN FORUM TO ADDRES,5 EDA ON MATTERS NOT ON THE AGENDA Leland Stauch expressed dissatisfaction that one of his tenants on the Section 8 program was terminated, and that he was not notified until October Ia which meant he would no longer receive even an October HAP payment. President Ruettimann stated that we to not have a lease with the landlord and are just a pass through from the government by following HUD roles and regulations. Mr. Anderson has contacted HUD twice for clarification and they indicated proper procedures were followed in this termination of Section 8 assistance for this tenant and HAP payments to Mr. Stauch as the landlord. Mr. Stauch asked that in the future all paperwork clearly state these rules and regulations. Mr. Ruettimaun stated this will be checked with HUD and he suggested Mr. Anderson contact Mr. Stauch with the name and phone number of a local HUD attorney for him to contact. Mr. $olly informed Mr. Stanch that at the end of this year we will be transferring our program to another agency and will no longer be involved in the administration of the Section 8 program. RECOGNITION, PROCLAMATIONS, PRESENTATIONS. GUESTS Mr. Ruettimmm read a Proclamation declaring the week of October 25-29, 1999 to be Minnesota Manufacturers Week. Mr. Anderson indicated the Minnesota Office of Technology is heading this promotion. Mr. Anderson attempted to schedule a tour of Medtronic to tie into this event with the Columbia Heights Chamber of Commerce, which did not work out. He will plan this type of activity next year to promote manufacturing interests. PUBLIC HEARINGS - None. ITEMS FOR CONSIDERATION A. Other Resolutions - None. B. Bid Considerations. Mr. Anderson has been in contact with Ted Smith, Elevator Advisory Croup, Inc., regarding the elevator modernization and the Commission's recommendation to get prices for replacement of the two elevator hoist machines. Poss~le funding from CIAP funds or the undesignated fund balances for these machines was discussed. The September, 1999 Parkview Villa North fund balance is $253,741.81. However, approximately $40,000 in fund balance will go to the 2000 budget, primarily for boiler improvements. A faxed quote from Millar was received for replacement of the machines in the amount of $$0,880. Mr. Smith is try/ng to determine the fire mtinE on the elevator insulation. If the rating is sufficient, the $10,340 sheetrock wall may be eliwinsted. Mr. Hunter questioned the insulation testing. Mr. $olly asked if this would be covered Under CIAP funding. It will be completed by a state certified lab. Mr. Hunter asked staff to search the initial building specifications for the type of insulation that was used. Mr. Anderson indicated the need for an approximate 7% contingency fund. The total modernization cost would be $314,188. The construction schedule was discussed. Mr. Anderson requested the motion include- accessing Parkview Vilh North and South undesignated fund balances be available until official notification of CIAP funds is received. MOTION by Szurek, second by $indra, to approve change order #1 in the amount of $50,880 for replacement of two elevator hoist machines at Parkview Villa North to Millar Elevator Service Company, in accordance with their fa. xed proposal dated October 18, 1999, in addition to the base bid amount and alternate No. 10 for a total bid amount of $285,108. All ayes. Motion carried. MOTION by Szurek, second by $indra, to authorize up to $49,499 for the elevator modernization bid, consulting, administration and contingency fund of $20,000 with funding from the un-designated fund balance of Parkview Villa North fund 203-46330-5120 and Parkview Villa South fund 213-46340-5120 and existing fund balance being available to award the full contract amount until 1999 CIAP funds are received; and furthermore, to authorize the President and Executive Director to enter into an agreement for same. All ayes. Motion carried. C. Other Business 1) Review Proposed 2000 Budget. Mr. Anderson referred to the Budget information Commissioners received in their packets. He indicated Fund 203 Parkview Villa North - Revenue increase is due to the ClAP grant and Expenditures will include the $40,422 fund balance spend down primarily for extraordinary maintenance on the boilers. An $160,000 fund balance will remain. Fund 204 Economic Development Authority - has increased the ad valorem tax levy to the maximum allowed by state law. Funds have been transferred to Fund 235 to maintain vacant properties. Expert and Professional Services has increased for TIF services. Fund 204 also has EDA administration and the loan programs. The loan programs Economic Development Authority Minutes October 19, 1999 Page 3 will be zeroed out and reimbursement for some loans has not yet been received from MI-IFA. Loan processing has been turned over to CEE. Fund 213 Parkview Villa South - projected increased revenues are $6,323 from tenant rent and $9,479 in increased expenditures. The South building has a $600,000 fund balance, but needs to be maintained as there is no other funding available for major repairs. The Parkview Villa Capital Improvement Committee will update the current CIP list projecting necessary improvements and dates. Elevator problems and maintenance contracts were discussed. Mr. Bush, caretaker, left the meeting to attend to an elevator problem. Fund 235-46360 Senior four-plex at 4607 Tyler Street NE - expenditures will be $2,159 less than last year due to necessary maintenance. Mr. Anderson stated it has become necessary to look at establishing a reserve fund or designated balance for future repair/maintenance costs at this building. Fund 299 HRA - the maximum amount was levied allowable by statute. The increase in revenues is $13,466, expenditures increase a little more than that. Together with Finance, Mr. Anderson will be working so the fund balance is adequate to meet the needs and have a dedicated fund for the Business Revolving Loan Fund. The City has previously contributed $45,000 to $50,000. This fund now has a short fall and staff will need to work together as funds are needed for the demolition of the building at 3913 Polk Street. A request will be made from the City to transfer money from the General Fund or. look at other sources of funds to replenish the fund balance. Mr. Anderson indicated the final 2000 Budget will be presented to the City Council on November 17, 1999 and will be forwarded to the EDA prior to this date. Mr. Ruettimann questioned the budget shortfall amount. Mr. Anderson stated the Finance Department indicated the liRA Fund 299 shortfall was approximately $9,000. Other issues involved are BRLF of$117,500 so the fund balance will be higher than that. Mr. Ruettimann indicated the $50,000 allocated for this fund a year ago by the City was to balance this fund, but was used to balance the budget. Mr. Fehst indicated a surplus was used by the former HRA Board over a three year period to balance the budget. To answer Mr. Hunter, Mr. Anderson indicated the proposed funds to demolish 3913 Polk Street NE were to be the $39,999.99 received in HOME reimbursement funds, but this amount went to erase prior deficits in this fund. Mr. Ruettimarm indicated the sale of this property could go to this fund. 2) Property Acquisition. Mr. Anderson clarified the proposed property acquisitions at 4059 Jefferson Street NE and 3709 Polk Street NE. These properties were considered for sale through the new HUD program, "the Officer Next Door", in which the realtor made an error when he first indicated there was a 50 percent reduction to non-profit orgsnlzatious, but it was later discovered to be only a 10 percent reduction. Because of the significant increase in cost, these properties will no longer be pursued. 3) Property Acquisition Update. Randall Schumacher, Community Development Assistant, indicated he has been pursuing use of thc 1997 CDBG Commercial Revitalization Funds, with Board direction to look at possible acquisition of certain properties along 40a Avenue NE and Central Avenue NE. Mr. Schumacher has been working with property owners at 828 40~ Avenue NE (former Columbia TV), 3950 Lookout Place and 3944 Lookout Place. He currently has a commitment from one of the owners, and continues negotiations with the other two. All three properties appear to be obtainable within the required time flame and for prices with comparable sales recorded with Anoka County. Mr. Ruettimarm referred to the homes by Car X for future acquisition. Mr. Schumacber indicated that since the sale of these properties would be voluntary, the EDA would not be responsible for relocation payments or assistance, agreed to by a wavier signed at time of sale. Mr. Ruettimann asked staff to have a lawyer check this waiver to be sure it is legal. Mr. Anderson indicated a special meeting may be necessary to approve the purchases. These transactions will only take place if within CDBG fund limitations and guidelines. Mr. Peterson suggested authority be given to' the President and Executive Director to approve these purchase(s), as it is understood the Board is receptive to these purchases. MOTION by Ruettimann, seconded by Szurek, to authorize the President, Executive Director, and Deputy · Executive Director of the Economic Development Authority the authority to approve acquisition of the three properties under discussion, using funds from CDBG Commercial Revitalization available through the following five (5) accounts - County #530/HUD #125, County g630/HUD #204, County #730/HUD #297, County g655/I-IUD #205, and County #755/HUD #298.' Ms. Wyckoff asked about other properties available. Mr. Anderson indicated the two residential property owners south of the old Bridgeman's would like to sell, the owner of 3900 Central Avenue is interested in selling, and the two residential properties south of Car X. Ms. Wyckoff suggested researching the Ostrander home and the Locksmith Shop. Mr. Anderson indicated there is $104,000 budgeted for properly acquisition as part of the LCDA Economic Development Authority Minutes October 19, 1999 Page 4 project which is anticipated to be used for the Ostrander home and will be negotiated by the developer. - All ayes. Motion carried. Upon vote Mr. Schumacher informed members that the sale of the duplex at 4642/44 Taylor Street NE will close Friday, October 22, 1999, and the duplex at 4519/21 Taylor Street NE will be closing on October 26, 1999. Mr. Anderson also pointed out the preliminary site plan for Conoco that Mr. Schumacher included in member's packets. The service station at 40a and University may expand on the properties at 3944 and 3950 Lookout Place. ADMINISTRATIVE REPORTS A) Report of the Deputy Executive Director. Mr. Anderson referred to information from the Southern Anoka County Chamber of Commerce regarding a legislation summary and activity, and issues they will address in the year 2000. Also included was a letter sent to Leland Stauch who appeared earlier on Citizen Forum. Mr. Anderson referred to information handed out on Jeff's, Bobby and Steve's Autoworld Certificate of Occupancy. Mr. Anderson indicated he and Ms. Wyckoff were at the Rainbow Foods Grand Reopening on Friday, October 15t~. He pointed out over $1,000,000 was invested in this remodeling project. B) Report of the Executive Director. Mr. Fehat mentioned Mr. DeMars questions regarding the house next to him at 4008 Sixth Street. The building and garage have been posted because of non-payment of the water bill. Staffhas notified the Police Department that no one is to be occupying the building. C) Committee/Other Reports. Mr. Jolly informed members that Mr. Darrell Schafer, a retired Columbia Heights Fire Fighter, had a massive heart attack. Mr. Ruettimann indicated Mr. Ron Brewer died last Thursday night. Mr. Ruettimann stated it would be beneficial to set up a meeting with corresponding Boards in Anoka County at least once a year. MEETINGS The next EDA meeting is scheduled for 6:30 p.m., Tuesday, November 16, 1999 in Community Room B at Parkview Villa. President Ruettimana adjourned the meeting at 8:35 p.m. Respectfully submitted, Recording Secretary H:~F~DAmln~n\l 0-19-99 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS HUMAN SERVICES COMMISSION MINUTES NOVEMBER 10, 1999 e CALL TO ORDER/ROLL CALL The meeting was called to order at 7:10 pm. Present were CommisSion members LaMere, Karol, Wyckofl~ and Assistant to the City Manager-Masee. Stm'devant had an excused absence. Also present were Barb Warren, Values First Coordinator and Shawn Warren. A~PROVAL OF MEETING MINUTES Motion by Wyckoff, seconded by Karol to approve the minutes of the September 8, 1999, commisSion meeting. Roll Call: All ayes. OLD BUSINESS A. PRESENTATION OF VALUES FIRST Barb Warren, Values First Coordinator made a presentation to the commission on the Values First Program. After a brief discussion, it was decided that Barb Warren will see what the Values First Board of Directors come up with regarding assistance needed with seniors, youth at risk, etc. She felt she could match the Human Services Commission up with a group and make an ongoing connection. ANNUAL STATEWIDE ESSAY CONTEST SPONSORED BY LEAGUE OF MINNESOTA HUMAN RIGHTS COMMISSIONS LaMere reported that she spoke to a teacher at the }diddle School who thought some of her students would be inter~d in participatin__~ in the essay contest. Magee will draft an informatiOnal letter and put together twenty packe~s to ~ive to LaMere. LaM~ will get the packe~s to the teacher. As the essay of the first place winner is needed by March 3 l, 2000 for enmmce in the State contest, it was decided to place the deadline for the local contest at ~anuary 28, 2000. Minutes of November 10, 1999 Page 2 e C. STATUS OF FILLING VACANCIES ON THE COMMISSION Four vacancies currently exist on the c, ommissiolL Magee reported that in an effort to recruit residents to serve on commissions, an informational flyer is being placed in the November, December, and January utility bills. Magee also reported that an individual picked up a commission application earlier that day for his wife, who is interested in serving on the Human Services Commission. D. OTHER OLD BUSINESS Pursuant to discussion at the September meeting, Magee enclosed copies of the Human Services Commission section of the City Code and the guidelines for Boards and Commissions appointment. NEW BUSINESS A. FUTURE ACTIVITIES OF THE COMMISSION This item was tabled to a future meeting for discussion when all members are present. B. ANNUAL HOLIDAY DINNER The commission set the Annual Holiday Dinner for Wednesday, January 12, 2000, at 6:30 pm at the Shorewood. LaMere stated she would take care of making reservations. AIMO~NT The meeting was adjourned at 7:50 pm. · Respectfully submitted, CHARTER COMMISSION MINUTES THURSDAY, OCTOBER 21, 1999 7 P.M. GAUVITTE ROOM JOHN P. MURZYN tLAI,I, **DRAFT** THE SE H i NOTE S ARE NOT APPROVED CALL TO ORDER The meeting was called to order by President Synowczynski at 7:13 p.m. ROLL CALL !~' ' Members present: Bill Antzaras, Joel Cason, Charles Christopherson, Tammy Ericson, Ted Landwehr, Bruce Magnuson, Brian Peterson, Theresia Synowczynski Members absent and excused: Janis Larson, Clara Schmidt, James Fowler, TomRamsdell, Julienne Wyckoff Members absent and unexcused: Carol Crema-Klein Also present: Tun HoeR, City Attorney ADDRESS BY THE ]~ESIDENT Pr.emldent' Synowc~..ski..e~ressed to_ Charter .Co_m~. 'ssion mem_b~s _t~?t stat'_m8 yo.ur.indi.vidu.~ opuuons m a news editorial is fine. However, she felt members of the Charter commission should .be careful sp..eqifying, their Charter Commission affiliation in a personal editorial, because then it could be construed that what is printed is the opinion of the whole commission. Brian Peterson stated that in reg,_ d to his recent letter to the editor, it was edited by the SunPost and many of his statements were omitted (his original letter was over 500 words). Brian felt Julienne Wyckoffdidn't give the Charter Commission c~edit for addressing the issue ofcouncilmembers serving on bo.ards/commissions. The Charter Commission was akeadY discussing this issue before hlienne was elected. Brian felt he should identify himself as a Charter Commission member because as a member of this commission, he knew about all the discussions that have been held previously on this matter. Another commission member commented that he once wrote a letter to the local paper, and they identified him as a school board member, even though he did not sign it that way. APPROVAL OF MINWIT, S OF JULY 15, 1999 REGULAR MEETING Motion by Joel Cason, seconded by Ted Landwehr, to approve the minutes of July 15, 1999, as presented. Motion passed unanimously. President Synowczynski passed out letter signed by all _city council members dated October 11, 1999, regarding the consensus of the Council that there should no longer be a councilmember serving as a voting member or a liaison to the Charter Commission. The President indicated that Julienne Wyckoff did resign her~sition. from the Charter. Commission-she submitted a letter to the Judge, but we have not been officially informed of this. The October 11, 1999, letter also addresses the strategies to recruit new residents for boards and commissions to align with the council's discussion to di'~continue councilmembers serving on any of the city's boards and commissions. Brian Peterson asked for clarification on where we are with a proposed amen.dn}ent addressing this same issue. He is in favor ofhaving one voting c0uncilmember o.n bo_ards/co..num,ss.~o.ns. T~.e, P.res~dh~,,e~,t' informed Mr. Peterson that a second reading of Chapter 2, Secuon 8, regaramg was issue is oemg e o tonight at the Charter Commission level. NEW BUSINESS Second Re~d~in~ of Ch~--n~r 2. S~on 8. P~~ to ~m0afi~le Offi~s .... ~ ~e July 15,-19~, ~e Chm~ Common P~ on ~ r~g ~ mmm~t to ~,~ 2, Scion 8. ~e CiW ~om~ proposes to e~ge ~e word "emolumems" to "~mp~twn . Some &~ion enraC. Co~c~embers ~ ~ be a ~son-~ve ~put. Not~g is stopp~g co~~bers ~om m~g :to,o~ m~gs ~d,~g~th~ ~put ~yhow. ~e propo~ wording for Chapter 2, Se~ion 8, is ~ follows: No member of~e coune~ sh~ hold ~y p~d m~eipfl office or ~m~lo~t ~ the ~i~ of Colmbia Hei~s, or ~e uoon_mv Columbia Hd~ ~opfl m~on g~ ei~ bv ~e Co~ or v~t io ~e~ ~te ~n~ one y~ ~ t~e ~p~au~ of ~t m~b~'s t~ ~ ~ m~b~, no foyer m~b~ s~ be appo~ to ~y p~a offi~ or ~plo~mt und~ ~e ~W w~ch offi~ o~ e~plo~m) ~s creat~ or the ~ c0mpm~fion of w~ch were ~cr~ d~g that m~O~s te~. Motion by T~ ~d~e~ s~d~ by B~c~ ~u~5 ~pro~ the~[~p~d ~ond r~ ~d~g Chapter 2, Se~on 8, P~~ ~o m~mpauole ~s: ~x ~/, No-I; mouon ~. Charter Commission M~rabershin Aoolications . . The President reported that the ChiefSudge still has Ted Landwehr' s ?ap~ointm.ent. requ.e, st ana ?.ther applications that have not been acted on. We expect the Chief Judge s office will take ~ction on mese requests in the very near future. Discussion was held on when terms start. Around October 11, 1999, a letter from the Chief Judge regarding dates of charter commission terms was received. This letter states that the four year term commences with the termination ofthe predecessor's term of office. This letter conflicts with a_let~t, er received from the Chief Judge dated Novel..bet .30, 1998. _On November 30, 1998, a letter from Juage states that the date the party takes the oath is the start or'their terrE... Since the Chief Judge has now given us two conflicting answers on this subject, the President will continue to attempt to receive further clarification from him. New City Charters Members acknowledged receiving new copies of the city charters from the Recording Secretary with all recent amendments. Rough Draft of 1999 Animal Renon The Recording Secretary p.repared a rough draft of the 1999 annual report of the Charter Commission for the comrmssioners' re¥iew. Tammy Ericson asked to have the spelling of her name corrected. Mot. io.n by Joel Cason, second, eq, by Tammy Ericson, to approve the draft .of the 1999 annual report with the ab.ove correcti,on notea and to have the Recordihg Secretary send it to the Chief Judge. Motion passea unanimously. October 2~, 1999 Page2 Other New Business- None. OLD BUSINESS Status on M_anaaement of the Police Denartment President Synowczynsld reported to the ~ommission members that a letter (dated July 16~ 1999) w~ sent to the Mayor and Council explaining the actions of t.he C.harter commission at th.e July 15m regular meeting. The commission had ask~l the council to place this item on the ballot so the citizens could decide. The President stated she has discussed the issue with the City Manager recently. The City Council has not taken any action since July. The Manager had relayed to the. Pre. sident that perhaps the Charter Commission. should have 'had more members present~:to ¥ote .on. that .issue, or ha~e all_all, members vote on this isSUe. Discussion ensued on the problems of doing this, and the pros and cons. Members.did not feel they should get into a practice of taking a vote of each member for every action taken (whether it would be a paper ballot or phone ballot). Motion by Ted Landwehr, seconded by Bill Antzaras, to send a letter to the City Council to recommend that this issue go to on the ballot at the next regular election (2000). Yes-6; No-2; motion passed. Status of Annual Commission Dinner The President reported that she was able to secure a room at Jax Caf6 for J .an. uary 7, 200.0. Most dinner selections are well over $20 a person. She has discussed the budget tot this event with the City Manager, and we are allowed $15 a person. She asked members if they wanted to each kick in approkimately $5 or if they wished to go somewhere else. It was the consensus of members present that since the menu items were so expens, ire at Jax Caf6 that the President should try to secure Tequillaberry's for that same date~ If. that is not possible, then TGW's (Northtown), Ciatti's, and Oli,~e Garden should be contacted in that order. Other Old Business - None. NEXT MEETING DATE The next meeting of the Charter Commission will be January 7, 2000, at whatever restaurant we end up securing a room for the annual appreciation dinner. The regular January meeting will also be held on January 20, 2000, at which time there will be election of officers. ADJOURNMENT Motion by Ted Landwehr, seconded by Brian Peterson, to adjourn the meeting at 8:11 p.m. ~y submitted, _ Carole J. Blow.s Recording S~c~'etary October 21, 1999 Page3