HomeMy WebLinkAboutDecember 13, 1999 RegularAGENDA FOR THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF COLUMBIA HEIGHTS
MONDAY, DECEMBER 13, 1999 7 P.M.
CITY COUNCIL CHAMBERS, CITY HALL, 590 40TM AVENUE
Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in
advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements.
1-- CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
CONSENT AGENDA
A. Move to approve Consent Agenda items as f0!lows:
1) Approval of Minutes of the November 22, 1999, Regular Council Meeting; November 15,
4)
5)
6)
7)
8)
1999, Levy Hearing; and the December 6, 1999, Truth in Taxation Hearing
2) Establish Dates and Times for Council Work Sessions
3) Adopt Resolution 99-99, Pertaining to Seasonal and Temporary Employee Wage Rates for
2000
Adopt Resolution 99-100,.Accepting Public Safety Grant for Overtime Expense
Authorize Acceptance of Juvenile Accountability Block Grant from State
Adopt Resolution 99-104, Regarding Adopting Snow andIce Control Policy
Adopt Resolution 99-95, Waiving Permit Fees for Municipal Projects
~ Ad_opt Res°lution 99-97, Conditional Use Pgrmit & Special Pe~t~4849 University Avenue
N.E.
9) Approve Conditional Use Permit, 5060 Central Avenue N.E.
10) Approve Conditional Use Permit, 500 40~ Avenue N.E.
11) Approve Conditional Use Permit, 4757 Central Avenue N.E.
12) Adopt Resolution 99-98, Conditional Use Permit & Special Permit, 3989 Central Ave. N.E.
13) Approve 2001 Rental Rates for Murzyn Hall
14) Approve Payment of 2000 North Metro Mayors Association Annual Membership Fee
15) Adopt Resolution 99-101, Designating Depositories for Funds of the City of Columbia
Heights
16), Authori~ Agreement to Continue Worker,s Compensation Coverage with St. Paul
Companies
17) Adopt Resolution 99-96, Amending Hardship Special Assessment Deferral
18) Adopt Resolution 99-102, Increasing Income Guidelines for Senior Citizen Reduced
Refuse/Sewage/Disposal and Water Supply Utility Rates
19) Designate Focus News as Official Newspaper for 2000
20) Adopt Resolution 99-103, Adopting the Year 2000 Budget
21) Authorize Schawn Johnson to Attend SoRware Training on Fleet Maintenance
22) Authorize Purchase of Pipeworks Infrastructure Management Software
23) Award Proposal to Establish a Safety Management Support Program for Public Works to
Integrated Loss Control, Inc.
24) Authorize Purchase of Replacement for Unit #38 Verraeer Brash Chipper
25) Authorize Change Order No. 1 to U. S. Filter for the Water Meter Replacement Program
26) Authorize Change Order No. 1, Accept Work, and Authorize Final Payment for
Miscellaneous Concrete Project 9900 to Ron Kassa Construction
27) Accept Work and Authorize Final Payment to All American Roofing,Remodeling for
Projects g9814 (Ostrander), 9815 (Silver Lake Beach), and 9816 (Keyes Park)
28)
29)
30)
31)
32)
33)
34)
35)
36)
37)
Approve Extension of Memorandum of Understanding between the City of Columbia
Heights and Real Estate Equities Development COmpany for LCDA Transition Block
Redevelopment Project
Adopt Resolution 99-105, Adopting Taxi Cab Rates
Direct City Manager's Vote Regarding Dissolution Vote on the Columbia Heights Chamber
of Commerce
Adopt Resolution Closing Unused Funds and Transferring Fund Balances
Award Purchase and Installation of Rooftop Heating/Air Conditioner Unit
Authorize pm'chase of workstations and office furnishings
Authorize Cancellation of December 27, 1999, City Council Meeting
Approve License Applications
Establish Hearing Dates Regarding Rental License Revocation/Suspension for 46104612
Fillmore Street, 3718 Central Avenue, and 45144516 Fillmore Street
Approve Payment of Bills
I/_ECOGNITIONS. PROCLAMATIONS. PRESENTATIONS AND GUESTS
Ao
Co
ProclamatiOns - None
Presentations- 1999 National League of Cities Innovation Award for "A Planbook for Post World
War II Houses"
Introduction of New Employees - None
Reco~ition- None
10o,
PUBLIC ~ARINGS
A. Second Reading of Ordinance No. 1395, Being an Ordinance Amending Chapter 5A of City Code
of 1977
ITEMS FOR CONSIDERATION
A. Other Ordinances and Resoluti00.5 - None
B. Bid Consideration, - None
Ce
Other Business
1) Tobacco/Ciearette Sales ~_ plication - 4259 Central Ave. NE, Holiday Station
2) Tobacco/Cigarette Sales _Application - 5011 University Avenue NE,, Hot Market
· 1) Tobacco/Cig ~amtte Sales Application -5257 UniversitvAvegtl~ NE, University Texaco
ADMINISTRATIVE REPORTS
A. Report of the City Manager
B. Report of the City Attorney
GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Board and Commission Meetings
1) Meeting of the November 23, 1999, Park and Recreation Commission
2) Meeting of the November 15, 1999, Planning and Zoning Commission
CITIZEN FORUM
WF/cb
CiTY OF COLUMBIA HEIGHTS
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806
ADMINISTiM
December 10, 1999
The following is the agenda for the regular meeting of the City Council to be held at 7:00
Monday, December 13, 1999 in the City Council Chambers, City Hall, 590 40th Avenue
Columbia Heights, Minnesota.
Mayor
Gary L Pcterson
Councilmembers
John Hunter
Donald G. Jolly
Marlaine Smrek
Julienne P/yckoff
CIb/ Manager
Walter R. Fehst
PM on
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' sel~ices, programs, and activities. Auxiliary a/ds for handicapped persons are available
upon request when the request is made at least 96 hours in advance: Please call the City Council Secretary at 782-2800, Extension 209,
to make arrangements, (TDD/782-2806 for deaf or heafing ~ired only)
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
ADDITION$/D,EI~ETIONS 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.)
Ao
MOTION: Move to approve Consent Agenda items as follows:
1) Minutes for Approval
MOTION: Move to approve the minutes of the November 22, 1999, Regular Council
Meeting as presented.
MOTION: Move to approve the minutes of the November 15, 1999, Levy Hearing as
.~ presented. :', :
MOTION: Move to approve, thc minutes of the December 6, Troth in Taxation Hearing as
presented.
2)
Establish Dates and Times for Council Work Sessions
MOTION: Move to establish work sessions of Monday, January 3, 2000 at 7 p.m. and
January ,2000 at~ p.m.
3)
Adopt Resolution No. 99-99, Pertaining to Establishing Seasonal and Temporary_
Employee Wage Rates for 2000
MOTION: Move to waive the reading of ResolUtion No. 99-99, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 99-99, adopting changes in wage ranges and
establishing wages for seasonal and temporary employees for calendar year 2000.
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
Agenda forRegularCityCouncilMeefing
~ffDecember13,1999
Page 2
4)
Adol~t R, s01ution No. 99-100. Accepting Pllblic Safetv Grant for Overtime Expense.
MO~ION: Move to waive the re~ of Resolution 99_100, there being ampl~ copies
available to the public.
MOTION: Move to adopt Resolution No. 99-100, Being a Resolution to accept the
Minnesota Department of Public Safety grant for $10,000 to be used for overtime expense
in the year 2000.
5)
Authorize Acceptance of Juvenile Accountabili _ty Block Grant from State
MOTION: Authorize the Mayor and the City Manager to accept a grant from the State of
Minnesota Department.of Economic Security/Juvenile.Aooountability Incentive Block
Grant in the mount of $10,444 with a match of $1,160, with the match to come from
unexpended funds in the 1999 Police Department budget.
6)
Adopt Re~olution No. 99-104, Regarding Adopting Snow and Ice Control Policy
MOTION: Move to waive the reading of Resolution 99-104, there being ample copies
available to the public.
MOTION: Move to approve and adopt Resolution 99-104, adopting the 1999/2000 Snow
and Ice Control Policy for the City of Columbia Heights.
Adopt Resolution No. 99-95JWaiving Permit Fees for Munic~al Projects
MOTION: Move to waive the reading of Resolution 99-95, there being ample copies
available for the public.
MOTION: Move to adopt Resolution 99-95, authorizing the City Manager to waive
Building Permit Fees for Municipal Projects on City owned and/or occupied structures.
8)
Adopt Resolution 99-97, Conditional Use Permit and Special Permit - 4849 University
Ave. NE
MOTION: Move to waive the reading of Resolution 99-97, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 99-97, a resolution approving a Conditional Use
Permit and Special Permit to allow the construction of an approximately 90 foot tall U.S.
West P~nal communication Services MOnopole tower at 4849 University Avenue NE.
9)
Approv~ Conditional Use Permit - 5060 Central Avenue NE
MOTION: Move to approve the Conditional Use Permit to allow a wine license in the
Retail .Business Zoning District at 5060 Central Avenue NE, subject to the following
conditions.
1. All required state and local codes, permits, and inspections including, but not
limited to building permits, fire code, and health department regulations will be met
and in fhll compliance.
2. A minimum of 75 seats shall be maintained in the restaurant.
10)
Approve Variance and Conditional Use Permit - 500 40th Avenue NE
MOTION: Move to approve the variance of 10 parking spaces at 500 40th Avenue NE
because the shape and size of the lot create a hardship.
MOTION: Move to approve the Conditional Use Permit to allow a nonintoxicating 3.2 bar
and grill and a dwelling unit on the second floor of the building at 500 4ffh Avenue NE,
subject to the following conditions:
Agenda for R~gular City Council Meeting
of Decc, mb~r 13, 1999
Page 3
1. All required state and local codes, permits, and inspections including, but not
limited to building permits, fire code, and health department regulations will be met
and in full compliance.
2. City Council approval of the 10 space parking variance.
3. At no time shall any space directly associated with the dwelling unit occupy the
first floor of the building. This shall include, but not be limited to, kitchens,
restrooms, and bedrooms.
4. The parking lot shall be striped and signed in a manner that is consistent with
aPPlicable relations.~
5. All proposed siguage must be submitted on the City prescribed application form
and must fully comply with the Zoning Ordinance.
11)
Approve Conditional Use Permit - 4757 Central Avenuo NE
MOTION: Move to approve the Conditional Use Permit to allow the operation of a day
care center at 4757 Central Avenue NE, subject to the following conditions:
1. All required state and local codes, permits, licenses and inspections will be met
and in full compliance.
2. All proposed sigmage must be submitted on the City prescribed application form
and must fully comply with the Zoning Ordinance.
3. The two parking spaces immediately in front of the public entrance to the day
care center be clearly marked and identified a~parking for the day care center.
4. A curb or bollards shall be installed around the playground to protect it from
vehicle traffic.
12)
Adont Resolution 99-98. Conditional Use Permit and Special Permit - 3989 Central
Avenue NE
MOTION: Move to waive the reading of Resolution 99-98, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 99-98, a resolution approving a Conditional Use
,,?ennit and Special Permit to allowthe installation of Sprint wireless telephone antennas to
the Columbia Heights Business Center at 3989 Central Avenue, NE.
13)
A_m)rove 2001 Rental Rates for Murzyn_ Hall
MOTION: Move to approve the 2001 rental rates for Murzyn Hall at the recommendation
of the Park and Recreation Commission.
14)
Approve Payment of 2000 North Metro Mayors Association Annual Membershin Fee
MOTION: Move to authorize payment for the 2000 North Metro Mayors AssociatiOn
Annual Membership Fee in the amount of $8,619.00.
15)
Adopt Resolution No. 99-101. Desi_maatina Depositories for Funds 0fthe Cid of
Columbia Heights
MOTION: Move to waive the reading of Resolution 99-101, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 99-101, being a Resolution designating depositories
Agenda for R~gular City Council Meeting
of Decernber 13, 1999
Page 4
for City funds of the City of Columbia Heights.
16)
Authorize Continuation of Worker's Compensation Insurance Coverage w/St. Paul
Companies
MOTION: Move to authorize the Mayor and City Manager to enter into an agreement to
continue worker's compensation coverage with St. Paul Companies under standard
premium plan.
17)
Adout Resolution No. 99.96. Amendimt HardshiuSoecial Assessment Deferral
MO'~ION: M°ve t~o Waig~ the reading ~f ReSolut-ion-99'96~ there being ample copies
available to the public.
MOTION: Move to adopt Resolution 99-96, establishing a new maximum income of
$17,700 for senior or retired and disabled persons to be eligible for special assessment
deferral.
18)
Adopt Resolution No. 99-102. Increasing Income Guidelines for Senior Citizen Reduced
Refu~e/$ewage/Di _sposal and Water S _upply Utili _ty Rates.
MOTION: Move to waive the reading of Resolution 99-102, there being ample copies
available to the general public.
MOTION: Move to adopt Resolution 99-102, being a Resolution Establishing Senior
Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply Utility Rates.
19)
Designate Focus News as Official Newspaper for 2000
MOTION: Move to designate Focus News as the official City newspaper for 2000 and to
authorize the Mayor and City Manager to enter into an agreement with Focus News for
required publications.
20)
Adopt Resolution No. 99-103. Adopting the Year 2000 Budget
MOTION: Move to waive the reading of Resolution 99-103, there being ample copies
available to the public.
.MOTION: Move to adopt Resolution 99-1031, being a Resolution Adopting a Budget for
the Year 2000 and Setting the Total City Levy Collectable for the Year 2000 in the
Amount of $3,295,956 and Approving the HRA levy of $94,752.
21)
Authori~ $chawn Johnson to attend Software Training on Fleet Maintenance
MOTION: Move to authorize the attendance of the Public Works Administrative Assistant
for a 3-day Fleet Maintenance software training workshop to be held January 24-26, 2000
in Greensboro, North Carolina, provided by DP Solutions and that all related expenses be
reimbursed from funds in 701-49950-3105 and 701-49950-3320.
22)
Authorize Purchasv of Pipeworks Infrastructure Management Software
MOTION: Move to approve the purchase of one license of Pipeworks Infras~c~e
Management Software from SEH of St. Paul, at a cost of $8,300 plus tax split equally
from the Sewer and Water Department funds 601-49430-5170 and 602-49450-5170.
Agenda for Regular City Council Meeting
of December 13, 1999
Page 5
23)
24)
25)
26)
27)
28)
29)
A~cept Proposal from Intem'ated Loss Control. Inc. for suor~ort services for a Safety
Management Prom for Public Works
MOTION: Move to accept thc proposal for Safety Management support serviccs for thc
Public Works Department from Integrated Loss Control, Inc. in an amount not-to-exceed
$7,092; and, furthermore, to authorize the Mayor and City Manager to enter into an
agreement for the same.
Authorize Purchase of rep_ lacement for Unit #38 Vermeer Brush Chitmer
MOTION: MOVe to pureh/~ (1)one new Brush Bandit B~h Chipper, Model 200+XP
from Aspen Equipment of Bloomington, Minnesota, under the State of Minnesota
Purchasing Contract in the amount of $16,839 plus trade-in and sales tax, with costs to be
appropriated from the Capital Equipment Replacement Fund 431-46102-5180.
Authorize Change Order No. 1 to US Filter for the Water Meter Replacement Prom
MOTION: Move to authorize Contract Change Order No. 1 for 3/4 inch and 1 inch water
meter replacements in the amount of $12,000.00 to US Filter with funding out of the
Water Meter Replacement fund, 651-49460-5130.
Approve Change Order No. 1 and Authorize Final Payment for Miscellaneous Concrete
Proiect 9900
MOTION: Move to authorize Change Order No. 1 for aclditional work added to the
contract by the City to Ron Kassa Construction, Inc. in the amount of $8,236.11 with
funding out of the appropriate funds.
MOTION: Move to accept the work for the 1999 Miscellaneous Concrete Repairs and
Installations, City Project ~9900 and authorize final payment of $755.21 to Ron Kassa
Construction, Inc. of Elko, MN.
Approve Final Payment for Re-Roof of Ostrander, Silver Lake Beach, and Keyes Park
Buildim,s
MOTION: Move to accept the work for City Projects ~9814 Ostrander, #9815 Silver Lake
Beach and #9816 Keyes park buildings; and to authorize final payment of $3,412.00 to All
American Roofing-Remodeling of Blaine, MN.
Approve Extension of Memorandum of Understanding between the City of Columbia
Heiv. hts and Real Estate Ea~uities Development ComPany '
MOTION: Move to approve the extension of the Memorandum of Understanding
(Preliminary Agreement) between the City of Columbia Heights and Real Estate Equities
Development Company for the LCDA Transition Block redevelopment project for up to
an additional seven months to June 9, 2000 for start of construction, and furthermore, to
authorize the Mayor and City Manager to enter into an agreement for the same.
Adopt Resolution 99-105. a Resolution adovting Taxi Cab Rates
MOTION: Move to waive the reading of Resolution 99-105, there being ample copies
Agenda for Regular City Council Meeting
of December 13, 1999
Page 6
available to the public.
MOTION: Move to adopt Resolution 99-105, Being a Resolution Setting Taxi Cab Rates
in the City of Columbia Heights, Minnesota.
30)
Dissolut/on vote for the Columbia Heiv. hts Chamber of Commerce
MOTION: The Council of the City of Columbia Heights directs the City Manager to vote
in the negative on the dissolution of the local Columbia Heights Chamber of Commerce at
the December 15* Chamber meeting.
Adopt Resolution ClOsin~_ l~nUseal Funds and Transferring_ Fund Balances
MOTION: Move to waive the reading of Resolution 99-106, there being ample copies
available for the public.
MOTION: Move to adopt Resolution 99-106, Being a Resolution Closing Unused Funds
and Transferring Fund Balances.
32)
Award Purchase and Installation of Rooftop Heating/Air Conditioner
MOTION: Move to award the purchase of a 4 ton, 100,000 BTU rooftop
heating and air conditioning unit to based upon their low, qualified,
responsible bid in an amount not to exceed $ with funds to be appropriated
from 101-41940-5120; and furthermore, to authorize the Mayor and City Manager to enter
into an agreement for the same.
MOTION: Move to award installation of rooftop heating and air conditioning equipment
to based upon their low, qualified, responsible bid in an amount not
to exceed $. with funds to be appropriated from 101-41940-5120; and
furthermore, to authorize the Mayor and City Manager to enter into an agreement for the
sa/no.
33)
Authorize Purchase of workstations and office furnishings
MOTION: Move to award the purchase of workstations and office furnishings to Office
Depot based upon their low, qualified, responsible bid in the amount of 45,584.00, plus
tax, with monies to be appropriated, from proper funds;' and furthermore, to authorize the
Mayor and City Manager to enter into an agreement for the same.
34)
Aothori7~ Ca~¢,llat/on of December 27. 1999 City Council Meeting
MOTION: MoVe to authorize the Mayor and City Manager to post cancellation of the
previously scheduled December 27, 1999 City Council meeting and to waive the fees for
the Columbia Heights Lions Club.
35)
Aoorove License Aoolications
MOTION: Move to approve the items as listed on the business license agenda for
December 13, 1999.
36)
Establish Hearing Dates Re: License Revocation or Susvemion of Rental Properties at
4610-4612 Fillmore St., 3718 Central Ave., and 4514-4516 Fillmore St.
Agenda for Regular City Council Meeting
of December 13, 1999
Page 7
MOTION: Move to establish a Hearing Date of January 10, 2000 for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights
against Mohsen Dessould at 4610-4612 Fillmore Street NE.
MOTION: Move to Establish a Hearing Date of January 10, 2000 for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights
against Heidi VonHeideman at 3718 Central Avenue NE.
MOTION: Move to Establish a Hearing Date of January 10, 2000 for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights
against Joe Bazzett at 4514-4516 Fillmore Street NE. ·
37)
Payment of Bills
MOTION: Move to pay the bills as listed out of proper funds.
PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS
A. Proclamations- None
Presentations
1999 National League of Cities Innovation Award for "A PlanboOk for Post World War II
Houses".
C. Introduction of New Employees - None
D. Recognition
PUBLIC HEARINGS
Second Reading of Ordinance No. 1395. Being an Ordinance Amending Chapter 5A ofCi _ty Code
of 1977.
MOTION: Move to waive the reading of Ordinance No. 1395, there being ample copies available
for the.public. '
MOTION: Move to adopt Ordinance No. 1395, being an ordinance amending Ordinance # 853,
City Code of 1977, as amended, pertaining to the Residential Maintenance Code and Licensing
Rental Units.
ITEMS FOR CONSIDERATION
A. Other Qrdinances and Resolutions
B. Bid Considerations
Co
Other Business
1. Tobacco/Cigarette Sales Application - 4259 Central Ave. NE. Holiday Station
Alternative Motions:
a. MOTION: Move to appwve the request for a license to allow the sale of tobacco/
cigarette products at the Holiday Station Store, 4259 Central Avenue; however, the
Agenda for Regular City Council Meeting
of Deeember 13, 1999
Page 8
applicant is cautioned to observe the age requirements of cigarette/tobacco sales as
their license to continue such sales could be in jeopardy if fuflher violations occur.
b. MOTION: Move to deny the request for a license to allow the sale of
tobacco/cigarette products at the Holiday Station Store, 4259 Central Avenue due to
violation of Section 5.302 of the City Code.
Tobacco/Ciltarette Sales Application - 5011 University Avenue NE., Hot Market
Alternative Motions:
a. MOTION: Move to approve the request for a license to allow the sale of 3.2 Beer
OffSale and tobacco!cigarette products at the~ Hot M~et, 5011 University Avenue;
' however, the apPlicant is CautiOned to observe theage requirements of
cigarette/tobacco sales as well as beer sales as their license to continue such sales
could be in jeopardy if further violations occur.
b. MOTION: Move to deny the request for a license to allow the sale of 3.2 Beer and
tobacco/cigarette products at the Hot Market, 5011 University Avenue due to
violation of Section 5.302 of the City Code.
c. MOTION: Move to approve the application to allow the sale of 3.2 Beer Off Sale
but to deny the application of tobacco/cigarette products at the Hot Market, 5011
University Avenue due to violation of Section 5.302 of the City Code.
Tobacco/Cigarette Sales A_t~p_ lication - 5257 UniVersity Avellue NE, University Tex~,,o
Alternative Motions:
a. MOTION: Move to approve the request for a license to allow the sale of
tobacco/cigarette products at the University Tex~aco, 5257 University Avenue;
however, the applicant is cautioned to observe the age requirements of
cigarette/tobacco sales as their license to continue such sales could be in jeopardy if
further violations occur.
b. MOTION: Move to deny the request for a license to allow the sale of
tobacco/cigarette products at the University Texaco, 5257 University Avenue due to
violation of Section 5.302 of the City Code.
o
ADMINISTRATIVE REPORTS
A, . Report of the City Manager
B. Report of the City Attorney
o
GENERAL COUNCIL COMMUNI(~ATION~;
A. Minutes of Boards and Commissions
1) Meeting of the November 23, 1999, Park and Recreation Commission
2) Meeting of the November 15, 1999, Planning and Zoning 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.)
11. ADJOLIRNMENT ~
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL IV~ETING
NOVEMBER 22, 1999
CALL TO ORDER/APPOINTING OF SECRETARY PRO TEM./ROLL CALL
The meeting was called to order by Mayor Peterson at 7:00 p.m. Present were Mayor Peterson, and
Council members, Szurek, $oHy, Wyckofl', and Hunter.
Motion by Councilm~mber Szurek, seconded by Councilmember Hunter, to appoint Shelley Hanson
Secretary Pro-Tem for this meeting. Roll Call: All ayes.
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
Item 4 (11) was removed from the Consent Agemla.
Item 5.B. Presentation by Tom Dunwell regarding the proposed Community Center was removed fi.om
the Agenda.
At this time Mayor Peterson made a statement regarding his being charged with a DUI offense. He
apologized for his error in judgraent and promised this would never happen again. He feels hewill be a
better person because of what he has learned fi.om this experience, and he hopes this will serve as a wake
up call to others as well. Mayor Peterson commended the officers on duty for their professional
behavior during this difficult episode. He hopes the community will not judge him too harshly and will
remember his 30 years of community service. Mayor Peterson expressed his desire that people not let
the negativity of this incident overshadow the good deeds that have also been done. He closed by saying
that he will be dealing with this on a personal level and that it will not be discussed publically again.
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 by Councilmember Wyckoff, seconded by Councilmember Hunter, to approve the
Consent Agenda as follows:
1)
Minutes for Aooroval
The Council approved the minutes of the November 8, 1999, Regular Council Meeting as
presented.
2)
Resolution No. 99-94. P~-fina to Anoka Hennvoin Technical College
The reading of the resolution was waived there being ample copies available for the
public.
Minu~es of Counci! Meeting
Noven~er 22, 1999
l~e 2
RKSOLUTION NO. 99-94
RESOLUTION IN SUPPORT OF ANOKA-HENNEPIN TECHNICAL 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
NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council does hereby support
the educational excellence ofAnoka Hennepin Technical College, and requests the MnSCU Board of
Trustees support Al-ITC 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: Wyckoff
Seconded by: Hunter
Roll Call: All ayes.
Gary L. Peterson, Mayor
Willi~un Elrite, City Clerk
3)
R__~o_ lution No. 99-93. Re?nrdln? H--*nious Prooertv ~t 4417 N.E. University Avenue
' The reading of the resolution was waived there ~g amPle copies available for the
public.
Minu~es of Council Meeting
November 22, 1999
Page 3
RESOLUTIDN 99-93
RESOLUTION REQUESTING REMOVAL OF HAZARDOUS PROPERTY AT
4417 UNIVERSITY AVENUE NE
WHERE.. there are substandard buildings located at 4417 NE University Avenue which have been
dilapidated, unsafe, for a period in excess of fie years, and
~, Minnesota Stalute 463.15 to 463.26 authorizes municipalities to address hazardous and
substandard structures and properties, and
WHEREAS, the City of Columbia ltights fmd~ this ~ to be hazardou~ based on the following code
violations as contained in the Findings of Fact:
FINDINGS OF FACT
Dangerous Building Definitions Chapter 3 ofthe 1994 Uniform Code for Abatement of Dangerous Buildings:
302(5) Whenever any portion'or member or appurtenance thereof is:likely to fail, br to become dislodged, or to
collapse and thereby injure persons or damage property.
302(8) Whenever the buildin____g or smictm, e, or any part thereof, because of (i) dilapidation, deterioration, or
decay; (ii) faulty constmcfioa; (iii) the removal, movement Or ~ility of~he 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 bnse.
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 NE
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.
Minutes of Council Meeting
November 22, ! 999
Page 4
~?nclusions of Council
That all relevant parties have been duly notified of this action.
That the structures on the property at 4417 NE University Avenue are hazardous and in violation of many local,
state, and national code requirements.
That the structures cannot be rehnbilitated to bring them into compliance with local, state and national code
Order of Council
The remaining dwelling and detached garage located at 4417 NE University Avenue, Columbia Heights,
Minnesota, are hazardous buildings pursuant to Minn. Statute 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 stored to a safe conditions 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 order that unless such corrective action is taken or answer is served upon the
City of Columbia Heights and filed in the office of the Court Adminislmions 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 actions herein, all
necessary costs expended by the City will be assessed against the real estate concerned, and collected in
accordance with Minnesota Statute 463.22.
The mayor, the clerk, city attorney and other officers and employees of the City are authorized and
directed to take such action, pr~re, 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
Passed this 22'a day of November, 1999.
Offered by: Wyckoff
Seconded by: Hunter
Roll Call: AH ayes.
Gary L. Peterson, Mayor
Wi~am Elrite,' City Cl~k
Minu~es of Council Meeting
Noven~n' 22, 1999
4)
5)
6)
7)
8)
9)
10)
ll)
The Council authorized the attendance of the lie Chief ai the National Fire
Academy in Emmitsburg, Maryland' from ~Ianuary 31, 2000 to February 11, 2000, and
that expenses be reimbursed from the appropriate account.
Ad~l)t Ci _tywide ID System. ~ Card. and City-Owned Buildinns Security System
The Council authorized the City Manager and the MaYor to ent% into' a Contract with
Trims-Alarm Inc. for the soRware and ~ required to finish Phase H of the security
system for City Hall at a ~ost of $21,400.93, including tax.
Authorize Purchase of Boat. Motor. and Trailer for Water and Ice Rescue
Removed from Consent Agenda-Addrmed later-in meeting.
Adopt Ci~'s Record Retention Schedule Pendin_~ Final A~proval bv the Minnesota
Devartment of Administration
The Council adopted the document entitled, "City General Records Retention Schedule"
and directed the City Manager to forward such document to the Minnesota Department of
Administration for approval.
Approve License A_tmlications
The Council approved 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.
p~/mem of Bi~
The Council approved the bills as listed out of proper funds.
At)Drove EDA Purehasin~ Policy and Authority
The Council authorized 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
Pwgram effective January l, 1999.
Removed from the agenda. Anoka County has sold property to ACCAP.
Roll Call on Consent Items: All ayes.
Auglorize ~ of'Bost. Motor. and Trailer for Waterand Ice Rescue
Charlie Thompson, Fire Chief, briefly explained the beat and motor the department currently
uses is approximately a 1958 model. Parts for the motor are unavailable if repair should be
needed. Also the design of the boat deems it a safety hazard for Fire Department P/rsonnel who
may be required to use it. The d~ilpl of the boat being purchased should be much safer and
wouId enable rescues on thin ice easier-also.
Minutes of Council MeetinB
November 22, i 999
Page 6
The old boat/motor would be auctioned off. The Fire Chief stated the new boat, if authorized, should
arrive within two weeks. Fridley is also purchasing one or two of these units and that's why we're
getting such a good price. He also stated the prices listed are pre-tax prices.
Motion by Councilmember Jolly, seconded by Councilmember Szurek 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 from 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 from Pierz Marine of Forest Lake, MN, for a total
cost of $1,649.00, based upon low informal quotation. Roll call: All ayes.
PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUBSTS
A. Proclamations
None
Bo
Presentation - Tom Dunwell. Buetow and Associ~lCs
Removed from a~enda.
Introduction of New Emvlovees
Randy Schumacher, the newly hired Community Development Assistant, was introduced by Ken
Anderson, Community Development Director and Frank Taylor, our new Police Officer was
introduced and sworn in by Police Chief, Tom Johnson.
None.
6. PUBLIC HEARINGS
Second Rendir~_e of Ordlnntu:e Re_nulntin? Consum?tion in Publi,;
Motion by Councilmembcr Hunter, seconded by Councilmember Wyckoff to waive the reading
of the ordinance, there being ample copies availabl· for the public. AH ayes.
ORDINANCI~ NO. 140]
BEING AN ORDINANCE AMF. NDING 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 i~,Hows, to-wit:
Minu~es of Council Meeting
November 22, 1999
Pnge 7
10.113(15) Consuming in public. No person shall consume intoxicating liquor as defined
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.
November 22. 1999
Hunter
Wyckoff
All ayes
Gary L. Peterson, Mayor
William Elrite, City Clerk
S~ond Readin~ of Ordinance Reeulatine Loiterini in Possession of Ooen Bottle
Motionby C°u~eilmember Hunte~, s~ded bY Councilmember Wyc~ff, to waive the reading of
the ordinance, there being ample copies available for the public. Roll Call: All ayes.
ORDINANCE NO. 1402
BEING AN ORDINANCE AMENDING ORDINANCE NO. 8~3
CITY CODE OF 1977, PERT~ TO LINTERING
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 ofopen 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.
Minu~e{ of Council Meeting
November 22, 1999
This section shall not prohibit the possession of alcoholic beverages at duly licensed on-sale
premises if other, vise 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: November 8. 199~)
Second Reading: November 22. 1999
Date of Passage:__November 22. 1999
Offered by: Hunter
Seconded by: Wvckoff
Roll Call: Ail aves
Gary Peterson, Mayor
William Elrite, City Clerk
e
lq'EMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
(1)
First ~ee~din_e of Ordinance No. 1395. Beine an Ordinance Amending Cha_~_ ter 5A of City
The Assistant Fire Chief gave a history of this ordinance and that it had come before the
council several months ago. However, at that time, several property owners/landlords were
in attendance and objected to some of the items being considered. Therefore, a meeting was
held August 17, 1999, with 26 landlords in attendance. Based on the input from the
landlords, some changes were made to the ordinance. The Assistant Fire Chief n-viewed
these changes with the Council.
A homeowner and landlord who were in attendance shared their viewpoints regarding the
time frame in which corrections are to be made, and how often inspections should take
place.
Motion by Councilmember Hunter, seconded by Councilmember Sntrek~ to waive the
reading of Ordinance No. 1395, there being ample copies available for the public. Roll Call:
Ail ayes.
Minutes of Council Meeting
November 22, 1999
Pa~e 9
ORDINANCE NO. 1395
BEING AN ORDINANCE AME~ING ORDINANCE NO. 855,
cITY CODE OF 1977, AS AMENDED PERTAINING TO TIlE
RESIDENTIAL MAINTENANCE CODE AND LICENSING RENTAL U-NITS
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:
5A. lOl(1)
(a)
(b)
(c)
(d)
(e)
(0
5A. 101(2)
Statement of Purpose
The purpose of the Housing Maintenance Code (hereinafter referred to in Chapter 5A as "Code") is
to protect the public health, safety and general welfare of the people of this City. These objectives
include, among others, the following;
To protect the character and stability of residential areas within the city;
To correct and prevent housing conditions that adversely affect or are likely to adversely affect the
life, safety, general welfare, and health;
To provide minimum standards for heating, for :sanitary equipment and for light and ventilation
necessary to protect the health and safety of occupants of building;
To prevent the overcrowding of dwellings;
To provide minimum standards for the maintenance of existing residential buildings and to thus
prevent substandard housing and blight;
To Preserve the value of land and buildings throughout the city.
With respect to disputes between landlords and tenants, and except as otherwise specifically
provided by terms of this Ordinance, the City Council will not intrude upon the accepted contractual
relationships between landlords and tenants, The City Council will not intervene as an advocate of
either party, nor will it act as an arbiter, nor will it be receptive to complaints fi'om 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 pemfit interference with legal rights
to personal privacy.
Minu~s of Council Meeting
November 22, 1999
Page 10
Section 2:
$A. 102(1)
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, roomiug houses, lodging and/or boarding
houses and house Wailers used or intended for use for human habitation.
Section 3: Definitions
5A.103(1) The following definitions shall apply in the interpretation and enforcement of this Code, to wit;
(a)
Accessory Structure. A structure subordinate to the main or principal dwelling or dwellings which
is not authorized to be used for living or sleeping by human occupants and which is located on or
partially on the premises.
(b)
Apartment Unit. Apartment, apartment unit, or dwelling unit means a room or group of rooms
located within a building which form a single habitable unit with facilities which are used or are
intended to be used for living, sleeping, cooking or eating.
(c)
Approved. An indication that an item meets construction, installation, and ma/ntenance standards
of the State of Minnesota and of this Code.
(d)
Basement. Any floor level below the first story in a building, except that floor level in a building
having only one floor level shall be classified as abasement unless such floor level qualifies as a first
story as defined herein.
(e)
Building. Any structure having a roof which may provide shelter or enclosure for persons, animals,
or chattels, and, when said structure is divided by party walls without openings, each portion of such
building so separated shall be deemed a separate building.
(0
Building official. Agent designated by the City Manager to enforce provisions of the Housing
Maintenance Code.
(g) Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter.
(h)
Dwelling. A structure or portion thereofdesigned exclusively for residential occupancy, including
boarding and lodging houses, but not including hotels and motels.
(i) Dwelling Unit. Dwelling unit has the same meaning as apartment unit (within this Code).
(J)
Exit. A continuous and unobstructed means of egress to a public way and shall include intervening
doors, doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exit
passageways, exit courts and yards.
Family. An individual, or two or more persons each rehted 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.
Minutes of Council Meeting
November 22, 1999
Page 11
(1)
(m)
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.
(o)
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)
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 contwl 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, rum or corporation who has the fight to determine who
occupies a rental structure (even though that right may be subject to a lease or rental agreement), or
a person, firm, corporation who shall have the power to rent or let premises to another for purposes
of this Code.
(u)
Person. Any individual, firm, partnership, association, corporation, company or a joint venture or
organization of any kind.
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.
(w)
Public Hall. A hall, corridor or a passageway for providing egress from a dwelling unit to a public
way and not within the exclusive control of one family.
(x)
Rental Dwelling. Any dwelling for hire with one or more living units,...Rental dwellings for
purposes of this Code do not include hotels, motels, hospitals or homes for the aged.
Repair. Repair shall mean to restore to a sound, acceptable state of operation, serviceability or
appearance. Repairs shall be expected to last as long as with the replacement by new items.
(z) Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat.
(aa) Replace or Replacement. To remove an existing or portion of a system and to construct or install
Minul~s of Council Meeting
November 22, 1999
l~ge 12
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.
Cob)
Rooming Houses. Any group of rooms which form single habitable units used or intended to be
used for hving and sleeping, but not for cooking or eating purposes.
(cc) Rubbish. Rubbish is defined in 55.605(2) (b) ofthis City Code.
(dd) Safe. The condition of being free from danger and hazards which may cause accidents or disease.
(ee)
Story, First. The lowest story in a building which qualifies as a story, as defined herein, except that
a floor level in a building having only one floor level shall be classified as a first story, provided
such floor level is not more than four feet below grade, as defined herein, for more than fifty percent
of the total perimeter, or more than eight feet below grade, as defined herein, at any point.
(fO
Unsafe. As applied to a structure, a condition or a combination of conditions which are dangerous
or hazardous to persons or property.
(gg) 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.
5A. 103(2)
Whenever the words "dwelling," "dwelling un/t," "premises," or "structures" are used in this
Chapter, they shall be construed as though they were followed by the words "or any part thereof."
Article II Minimum Standards
Section 1: Basic Equipment and Facilities
5A.201(1)
No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or
dwelling unit for the purposes of living, sleeping, cooing or eating therein which does not comply
with the following requirements, to-wit;
(a)
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 tines an adequate
amount ofheated and unheated runn/ng 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 re~gerator for the gale storage of food which are properly installed
with all neeemu'y connections for ~afe, maitary and e~eient operation. Such stove or refrigerator
Minutes of Council Meeting
November 22, 1999
Page 13
(d)
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 refi'igerator must exist.
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.
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.
Access to Dweliin Unit. Access to or egress from each dwelling Unit shall be provided without
passing through any other dwelling unit.
(i
All buildings and/or maintenance improvements inspected pursuant to Chapter SA, the Housing
Maintenance Code, shall be judged and inspected in accOMimee 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.
Minu~t,s of Council Meetins
November 22, 1999
Page 14
(2)
Maintenance. All building~ 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.
Section 2:
$A.202(1)
(a)
fo)
(c)
Section 3:
5A.203(1)
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 ofthe existing
area.
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 contwlled access shall be maintained for each multiple family building to control access. The
security system shall consist of locked building entrance or foyer doors, and locked doors leading
from the hallways into individual dwelling units. Dead-latch type door locks shall be provided with
releasable lever knobs (or doorknobs) on the inside o fbuilding 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 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.
Minutes of Council Meeting
November 22, 1999
Page 1S
Co)
Sleeping Room Egress. Sleeping moms in buildings existing prior to this code must have window
or door openini~s for egress of no less than four (4) square feet or the minimum size required by the
Building Code in effect when the dwelling was constructed. Space that is added on or converted to
sleeping rooms must meet the applicable codes at the time of conversion for habitable rooms and
provide a means of egress with openable area of no less than 5.7 square feet.
(c)
Nonhabitable Room Ventilation. Every bathroom, water closet compartment, laundry mom, utility
room, or other nonhabitable room shall contain a minimum total ofopenable window area of no less
than 1.5 square feet, except that no windows shall be required if such rooms are equipped with a
functioning ventilation system which is approved by the Building Official.
(d)
Electrical Service, Outlets, and Fixtures. Every dwelling unit and all public and common areas shall
be supplied with functioning electrical service, functioning over current protection devices,
functioning electrical outlets, and functioning electrical fixtures which are properly installed, which
shall be maintained in a safe working condition and which shall be connected to a source of electric
power in a manner prescribed by §6.201(1). The minimum capacity of such electric outlets and
fixtures shall be as follows:
(1)
A dwelling containing two or more units shall have at least the equivalent or sixty (60)
ampere, three-wire electric service per dwelling unit.
(2)
Each dwelling unit shall have a least one branch electric circuit for each six hundred (600)
feet of'dwelling unit floor area.
(3)
Every habitable room shall have at least the lessor of two floor or wall type electric
convenience outlets or one such outlet for each sixty (60) square feet or fraction thereof of
total floor area; provided, however, the one ceiling or wall type light fixture may be
substituted for one required electric outlet.
(4)
Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall
contain at least one supplied ceiling or wall type electric light fixture, and every bathroom,
kitchen, and laundry room shall contain at least one electric convenience outlet.
(5)
Every public hall and stairway in every rental dwelling shall be effectively illuminated by
natural or electric light at all times. In structures containing not more than two dwelling
units, conveniently located functioning light switches controlling an adequate functioning
lighting system which may be turned on when needed may be substituted for full-time
ughting.
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 moms, 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
Minules of Council Meetin~
November 22, 1999
Pa~e ~6
walls, and which shall comply with the following requirements, to-wit:
(a)
Gas or electrical appliance designed primarily for cooking or water heating purposes shall not be
considered as heating facilities within the meaning of this section.
Portable heating equipment employing flame or the use of liquid fuel shall not be considered as
heating facihties 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 appwved manner.
(d) No owner shall supply portable electric heaters to comply with this § 5.204(1).
Section 5: Foundation, Exterior Walls, and Roofs
5A.205(1)
No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or
dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply
with the following requirements, to-wit;
(a)
The foundation, exterior walls and exterior roof shall be water tight and protected against vermin and
rodents and shall be kept in sound condition and repair. The foundation clement 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 wof
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. If25% or more of the total exterior surface oftbe pointing of any brick, block or stone wall
is loose or has fallen out, the surface shall be pwtected 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 shall be pwtected 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, pwtmding or wtted flooring materials. Every
interior wall and coiling shah 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 ofevery dwelling shall be rodent resistant. All openings in exterior walls,
foundations, basements, ground or fu'st floors or roofs which have an opening of ½" diameter or
larger shall be rodent-proofed in an appwved manner, interior floors, basements, cellars and other
areas in contact with the soil shall be enclosed with concrete or other rodent impervious material.
M/nuies of Council Meeting
November 22, 1999
P~e 17
(e)
Fence Maintenance. All fences on the premises where the dwelling or dwelling unit is located shall
be maintained in accordance with §6.401 to §6.403, inclusive, of this City Code.
(0
Accessory Slructure 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.
Section 6:
5A.206(1)
(a
5A.206(2)
Section 7:
5A.207(1)
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 oafe 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 apace 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
moms, 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 boumtary 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, ah'conditioning, and communication
units integral to and located on top beside, or adjacent to a building.
Minmes of Council Meeting
November 22, 1999
Retaining Wall. A wall or struCture conStrUcted ofstone~ concrete, wood, or other materials,
used to retain soil, as a slope transition, or edge of a plating area.
(5)
Screening. A barrier which blocks all views from public roads and differing land uses to off-
street parking areas, loading areas, service and utility areas, and mechanical equipment.
Every yard of any premises on which a dwelling or dwelling unit is located ~all have installed and
maintained landscaping in accordance with the provisions of this section.
O)
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 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.
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 wad intersection
if such landscaping would interfere with a motorist's view of the street or roadway or with
the use ofthe e~ement for its intended purpose.
(s)
Weeds. Thc maintenance and upkeep of all lawns and yards shall be subject to Chapter 4,
Article H, 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 ifthe 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 oftbe 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 Screetting. Ali parklng lots for dwellings ofthree (3) or more urtits which are not
Minutes of Coundl Meeting
November 22, 1999
Page 19
required to be screened pursuant to §5A.207(1 )(c) must either provide ~ 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 wadway 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.
(0
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)
(a) ~!
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 ofthis 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 I, 1998.
Co) 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 gnardrails must be provided for parking spaces situated above retaining walls.
(e) An unobstructed path must be provided between parking areas and the dwelling unit.
(0
Lighting must be provided for parking areas and walkways between the p~ng 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 p~ng 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.
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.
Minu~es of Council Meeting
November 22, 1999
Page 20
(i)
Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars shall be regulated in
accordance with Chapter 7, Article II, Section $ 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:
5A.209 (1)
(a)
Co)
(c)
Section 10:
$A.210(1)
Section 11:
$A.211(1)
Fire Safety
No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or
dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply
with the following requirements, to-wit;
Every existing dwelling unit shall be provided with smoke detectors conforming to U.B.C. Standard
No. 43-6. Detectors shall be mounted on the ceiling or wall at a point centrally located in the
corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on
an upper level, the detectors shall be placed at the center of the ceiling directly above the stair, vay.
All detectors shall be located in accordance with approved manufacturer's instructions. When
actuated, the detector shall provide an alarm in the dwelling unit or guest room.
In new construction of any dwelling unit and in common hallways and other common areas of
existing units, required smoke detectors shall receive their primary power from the building wiring
when such wiring is served from a commercial source. Wiring shall be permanent and without a
disconnecting switch other than those required for over current protection.
No person, firm, or corporation sh~_l 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
($2o0.oo) dollars.
Discontinuance of Service or Facilities.
No owner, operator or occupant shall cause any service, facility equipment or utility which is
required under this Ordinance to be removed from Or shut off from or discontinued for any occupied
dwelling or dwelling unit except for temporary interruptions as may be n~-~ssarY 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.
5A.211(2) Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more
Minutes of Council Meeting
November 22, 1999
Page 2!
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 exterm/nation 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 vennin-pwof condition, extermination shall
be the responsibility ofthe 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 respons~ility of the owner. If the problem persists proof
of professional extermination shah be supplied to the inspections officer upon request.
$A.211 (6)
Garbage, Rubbish, and Recyclable Materials. Garbage, rubbish and recyclable materials shall be
regulated in accordance with Chapter 8, Article HI of the Columbia Heights City Code, which is
incorporated herein by reference.
ARTICLE III Inspection and Enforcement
Section 1: Enforcement and Inspection Authority
5A.301(1)
The City Manager and his/her designated agents shall be the Enforcement Official who shall
administer and enforce the provisions of the Ordinance. Inspections shall be conducted during
reasonable hours, and, upon request the Enforcement Official shall present evidence of his/her
official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected.
Section 2: Inspection Access
5A.302 (1)
If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a multiple dwelling
fails or refuses to permit free access and entry to the structure or premises, or any part thereof, for
an inspection authorized by this Ordinance, the Enforcement Official may, upon a showing that
probable cause exists for the inspection or for the issuance of an order directing compliance with the
inspection requirements of this section with respect to such dwelling, dwelling unit or multiple
dwelling, petition and obtain an order to inspect and/or search warrant ~om court of competent
jurisdiction.
Section 3: Inspections
Minu~e$ of Council Meel/ng
November 22, 1999
Page 22
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).
$A.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 limely basis, as evidenced by two
written Compliance Orders by the Inspection Department or Enforcement Officer of the City of
Columbia Heights; or
During the past year, two or more tenant complaints on single family/duplex/triplex have been
received or four or more tenant complaints on a four-plex or other multiple dwelling have been
received and substantiated (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 ofthe 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
SA.304(1)
Whenever the Enforcement Officer determines that any dwelling, dwelling unit or the premises
surrounding any of these fails to meet the provisions of this Ordinance, he/she may issue a
Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant,
operator, or agent to correct such violations. The Compliance Order shall:
(a) Be in writing;
(b) Describe the location and nature of the violations of this Code;
(c)
Establish a reasonable time not greater than 6 months for the correction of such violation and advise
the person to whom the notice is directed of the right to appeal; and
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.
Minuies of Council Meeting
November 22, i 999
P~se 23
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, hcensee or other responsible person has been notified by inspection report of the items which
must be corrected within a certain stated period of time and that the corrections have not been made.
Current occupants shall have not more than 60 days to vacate a posted property. Current occupants
shall vacate posted property immediately if such occupancy will cause imminent danger to the health
or safety of the occupants. No person, other than the Enforcement Official or his representative,
shall remove or tamper with any placard used for posting. No person shall reside in, occupy or cause
to be occupied any building, structure or dwelling which has been posted to prevent occupancy.
Section 6: Right of Appeal
5A.306(1)
When a person to whom a Compliance Order is directed alleges that such Compliance Order is based
upon erroneous interpretation of the Ordnance or upon a misstatement or mistake of fact, such
person may appeal as set forth in §6.202(1).
Section 7: Board of Appeals
5A.307(1)
Upon at least five (5) business days notice to the appellant of the time and place for hearing the
appeal and within 30 days aRer said appeal is filed, the Board of Appeals shall hold a hearing
thereon. All hearing notices shall be given in the same manner prescribed for giving notice of
Compliance Orders under 5A.303(1). All appeals shall be conducted in accordance with Sec. 203,
Uniform Housing Code, 1985 edition, International Conference of Building Officials.
Article IV Licensing '
Section 1:
SA.401(1)
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 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 pr'~cribed.
Minu~es of Council Meeting
November 22, 1999
(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.
Co) 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.
The number of toilet and bath facilities shared by the occupants of two or more dwelling
(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 (1Xd).
(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 thc structure is in compliance with the
requirement of the Code.
Section 4: Issuance of Rental Housing License
Minutes of Council Meeting
November 22, i 999
Pnge 25
5A. 4(0
5A.404(2)
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.
The City may by Council resolution establish a reinspection fee. Ifa dwelling unit is not currently
licensed, no license may be issued until all outstanding reinspection fees shall have been paid. Ifa
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:
5A.405(1)
Section 6:
5A.406(1)
Section 7:
5A.407(1)
(a)
Co)
License Display
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.
License Transfer
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.
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 City Inspection Department, and
Attendance by the landlord or property manager at three or more hours of cominuing 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
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
Successful completion of the annual Housing Maintenance Code inspeclion as requir--~l by Section
5A.303 (1) of this Ordinance.
Minules of Council Meeting
Noven~-r 22, 1999
Page 26
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.
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 pr/ma 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 act/on 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;
Minutes of Council Meeting
November 22, 1999
P~¢27
Co)
(c)
MN Stat. {}609...32! through 609.324 which prohibit prostitution and acts relating thereto;
MN Stat. § I 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. tmlawfifl sale of alcoholic beverages;
(e)
MN~Stat. {}609.33, which prohibits owning, leasing, operating, mana~ng, maintaining, or conducting
a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house;
Section 10.312 of this code, which prohibits noisy assembhes;
(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.
(lc) 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 (Depar~ent) that a licensed premises was used in a
disorderly manner, as described in section (1), the Polic~ Chief(Dep~ent) 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 thc 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 usc of thc 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 ~ses may be denied, revoked, suspended, or
Minute~ of Council Meeting
November 22. 1999
F~Be 28
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 $A.408 (4).
5A.410(6)
No adverse license action shall be imposed where the instance or disorderly use of a licensed
premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty
(30) days of notice given by the licensee to a tenant to vacate the premises, where the disorderly use
was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction
proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued
by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon
violations of this section may be postponed or discontinued at any time if it appears that the licensee
has taken appropriate measures which will prevent further instances of disorderly use.
5A. 410(7)
A determination that the licensed premises has been used in a disorderly manner as described in
subsection (1) shall be made upon substantial evidence to support such a determination. It shall not
be necessary that criminal charges be brought to support a determination of disorderly use, nor shall
the fact of dismissal or acquittal ofcriminal charges operate as a bar to adverse license action under
this section.
Article V: Remedies
Section 1: Hazardous Building Declaration
SA.S01(1)
In the event that a dwelling has been declared unfit for human habitation and the owner has not
remedied the effects within a prescribed reasonable time, the dwelling may be declared a hazardous
building and treated in accordance with the provisions of Minnesota Statutes.
Section 2: Secure Unfit and vacated Dwellings
SA.S0 (1)
The owner of any dwelling or dwelling unit which has been declared unfit for human habitation or
which is otherwise vacant for a period of 60 days or more shall make the same safe and secure so
that it is not hazardous to the health, safety and welfare of the public and does not constitute a public
nuisance. Any vacant dwelling open at the doors, windows or other wall openings, if unguarded,
shall be deemed to be a hazard to the health, safety and welfare of the public and shall constitute a
public nuisance within the meaning of this Code.
Section 3: Failure to Comply
5A.$03(1)
Upon failure to comply with a Compliance order within the time set therein, and no appeal having
been taken, or upon failure to comply with a modified Compliance Order within the time set therein,
the criminal penalty established hereunder notwithstanding, the City Council, after due notice to the
owner, may by resolution declare the condition to constitute a public nuisance and cause the cited
deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be
a lien against the subject real estate and may be levied and collected as a special assessment in
accordance with Minnesota Statutes Chapter 429, for abatement ofnuisances and specifically for the
removal or elimination of public health or safety b~,*rds from private property. Any assessment
levied thereunder shall be payable in a single installment. The intent of this section is to authorize
the City to utilize all of the provisions of this Code and of Minnesota law to protect the public's
health, safety and general welfare. --
Minute~ of Council Meeting
November 22, 1999
Page 29
Section 4: Remedies Cumulative
5A.504(1)
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.
Article VI:
5A.601
Penalties
No person, finn, corporation, or licensee shall own and maintain or operate or rent to any other
person for occupancy any rental dwelling, rental dwelling unit, or premises in which a rental
dwelling unit is located in violation of Chapter SA, Article II (§5A.201, et. seq.), maintenance
standard.
5A.602
No person, firm or corporation shall operate a rental dwelling or dwelling unit without a license
issued pursuant to this Chapter or accept rental payments from a tenant of any unlicensed dwelling
or dwelling unit which payment is for occupancy for a period during which the dwelling or dwelling
unit is not license pursuant to this Chapter.
5A.603
5A.604
5A.605
5A.606
5A.607
5A.608
5A.609
5A.610
5A.611
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.
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.
No person who is an occupant of a rental dwelling or rental dwelling unit shall cause a rental
dwelling, rental dwelling unit or the premises on which a rental dwelling unit is located to become
in violation of any of the maintenance standards set forth in Chapter SA, Article II (§5A.201, et.
seq.), normal wear and tear excepted.
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 Building
Official, 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.
Minu~es of Council Meeting
November 22. 1999
P~e 30
Shall hereafter read as follows, to wit:
Chapter 5A
Article I
RESIDENTIAL MAINTENANCE CODE
General Provisions
Section 1:
SA. 101(1)
Co
(d)
(e)
(0
SA. 101(2)
Section 2:
SA. 102(1)
Statement of Purpose
The purpose of the Residential Maintenance Code (hereinafter referred to in Chapter SA as "Code")
is to protect the public health, safety and general welfare of the people ofthis 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 ~ot 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.
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.
Minutes of Counci! Meeting
Novemb~ 22, 1999
Page 31
Section 3: Definitions
5A. 103(1) The following definitions shall apply in the interpretation and enforcement of this Code, to wit;
Accessory Structure. A structure subordinate to thc 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.
(c)
Approved. An indication that an item meets construction, installation, and maintenance standards
of the State of Minnesota and of this Code.
(d)
Basement. Any floor level below the first story in a building, except that floor level in a building
having only one floor level shall be classified as a basement unless such floor level qualifies as a first
story as defined herein.
(e)
Building. Any structure having a roof which may provide shelter or enclosure for persons, animals,
or chattels, and, when said structure is divided by party walls without openings, each portion of such
building so separated shall be deemed a separate building.
(f) Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter.
(g)
Dwelling. A structure or po~on thereof designed exclusively for residential occupancy, including
boarding and lodging houses, but not including hotels and motels.
(h) 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.
0)
Family. An individual, or two or more persons each related by blood, marriage, adoption, or foster
children, living together ~s a single housekeeping unit; or a group ofnot more than four persons not
so related, maintaining a common household and using common cooing and kitchen facilities.
Functioning. In such physical condition as to safely perform the service or services for which an
item is designed or intended.
(1) Garbage. Garbage is defined in $.605(2Xa).
(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.
Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at
faucet outlet.
Minu~sofCouncilMeefing
November22,1999
Page 32
(o)
(p)
(q)
(s)
(t)
(v)
(z)
(aa)
Housing Code. Section 5A of this Code together with the UnifOrm Housing Code, 1985 Edition,
as amended, International Conference of Building Officials.
Housing Enforcement Officer. Agent designated by the City Manager to enforce provisions of the
Residential Maintenance Code.
Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin
or other pest.
Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food or
preparation of meals.
Occupant. Any person (including owner or operator) living, sleeping, cooking or eating within a
dwelling unit.
Owner. Any person, firm or corporation who, alone, jointly or severally with others, shall be in
actual possession of, or have charge, care control of any dwelling, dwelling unit, or rooming unit
within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or
person of the title holder. Also, any person, firm or corporation who has the fight to determine who
occupies a rental structure (even though that right may be subject to a lease or rental agreement), or
a person, firm, corporation who shall have the power to rent or let premises to another for purposes
of this Code.
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, 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. 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.
Minules of Council Meeting
November 22, ! 999
Page 33
Cob)
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) Co) of this City Code.
(dd) Safe. The condition of being free from danger and hazards which may cause accidents or disease.
(ee)
Story, First. The lowest story in a building which qualifies az a story, az defined herein, except that
a floor level in a building having only one floor level shall be classified az a first story, provided
such floor level is not more than four feet below grade, az defined herein, for more than fifty percent
of the total perimeter, or more than eight feet below grade, az defined herein, at any point.
(fO
Unsafe. As applied to a structure, a condition or a combination of conditions which are dangerous
or hazardous to persons or property.
(gg) Unsanitary. Conditions which are dangerous or hazardous to the health of persons.
(hh) Water Closet. A toilet, with a bowl and trap made in one piece, which is connected to the City water
and sewage system or other approved water supply and sewer system.
5A. 103(2)
Whenever the words "dwelling," "dwelling unit," "unit," "premises," or "structures" are used in this
Chapter, they shall be construed az though they were followed by the words "or any part thereof."
Article II Minimum Standards
Section 1: Basic Equipment and Facilities
5A.201(1)
No person shall occupy az an owner-occupant or let to another for occupancy any dwelling or
dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply
with the following requirements, to-wit;
(a)
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.
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~counections for the installation and operation
Minutes of Council Me,ting
November 22, 1999
Page 34
of the stove and refi'igerator must exist.
(d)
(e)
(0
(g)
(i
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.
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
nmning 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.
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 fmnly 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 ofevery flight of stairs,
except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall
be capable of supporting a live load or one hundred (100) pounds per square foot of horizontal
projection.
Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without
passing through any other dwelling unit.
All buildings and/or maintenance improvements inspected pursuant to Chapter SA, the Residential
Maintenance Code, shall be judged and inspected in accordance with the applicable lJniform
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, ifsueh use or occupancy was legal at the time of the
adoption of the code, provided such continued use is not dangerous to life.
M~nutes of Council Meeting
Now. tuber 22, 1999
P,,g¢ 35
(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 thc Code shall be maintained 'in conformance with the code edition under which installed.
All repairs, replacements or maintenance to thc 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)
(b)
(c)
Section 3:
5A.203(1}
Door and Window Locks
No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or
dwelling unit for the purpose of living, sleeping, cooking or eating unless all exterior doors of the
dwelling or dwelling unit are equipped with safe and functioning door and window locks which
comply with the folloWing requirements, to wit:
When access to a dwelling unit door is gained through a common corridor or entrance in a dwelling
in which four (4) or more dwelling units share a common entrance or corridor, an approved system
of controlled access shall be maintained for each multiple family building to control access. The
security system shall consist of locked building entrance or foyer doors, and locked doors leading
from the hallways into individual dwelling units. Dead-latch type door locks shall be provided with
releasable lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders
on the outside of the building entrance doors. Building entrance door-latches shall be of the type that
are permanently locked. An approved lock box with building entry key, boiler room key, laundry
and common area keys, all marked individually accessible to the Fire Department must be provided
for access to the building. The enumerated keys must be present in the lock box at all times. A
communication system or device such as an intercom, telephone, audible bell or bu~.Ter or other
approved means of 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. 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.
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:
Minutes of Council Meeting
November 22, 1999
Page 36
(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.
Co)
(c)
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.
Nov_habitable Room Ventilation. Every bathroom, water closet compartment, laundry room, utility
room, or other nonhabitable room shall contain a minimum total ofopenable 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.
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 rni~nimum Capacity of such electric outlets and
fixtures shall be as follows:
(1)
(2)
(3)
(5)
A dwelling containing two or more units shall have at least the equivalent or sixty (60)
ampere, three-wire electric service per dwelling unit.
Each dwelling unit shall have a least one branch electric circuit for each six hundred (600)
feet of dwelling unit floor area.
Every?abitable room shall have at Ieast 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.
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.
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~
Minu~es of Cotmcil Meeting
November 22, 1999
Page 37
Section 4:
5A.204(1)
Minimum Thermal Standards
No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or
dwelling unit, for the purpose of living, sleeping, cooking or eating therein unless such dwelling or
dwelling unit shall have heating facilities which are properly installed and maintained in safe and
functioning condition, which are capable of safely heating all habitable moms, bathrooms and water
closet compartments in every dwelling unit located therein to a temperature of at least seventy (70)
degrees Fahrenheit at a distance of three (3) feet above floor level and at three (3) feet from exterior
walls, and which shall comply with the following requirements, to-wit:
(a)
Gas or electrical appliance designed primarily for cooking or water heating purposes shall not be
considered as heating facilities within the meaning of this section.
Co)
Portable heating equipment employing flame or the use of liquid fuel shall not be considered as
heating facilities within the meaning of this section and is prohibited.
(c)
No owner or occupant shall install, operate or use a space heater employing a flame that is not vented
outside the structure in an approved manner.
(d) No owner shall supply portable electric heaters to comply with this § 5.204(1).
Section 5:
5A.205(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;
(a)
The foundation, exterior walls and exterior roof shall be water tight and protected against vermin and
rodents and shall be kept in sound condition and repair. The foundation element shall adequately
support the building at all points. Every exterior wall shall be free of structural deterioration or any
other condition which might admit rain or dampness to the interior portion of the walls or to the
interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain or roof
drainage and shall be adequate to prevent rain water from causing dampness in the walls. All
exterior surfaces, other than decay resistant materials, shall be covered by paint or other protective
covering or treatment which protect~ the exterior surfaces from elements and decay in a functioning
manner. If25% 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.
Co)
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, ofeach year. Every
window, door and frame shall be constructed and maintained in such relation to the adjacent wall
construction as to completely exclude rain, vermin, rodents, and insects from entering the building.
(c)
Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against
the passage and harborage of vermin and rodents and shall be kept in sound condition and good
repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every
interior wall and ceiling shall be maintained in a tight weatherproof condition and may not be
covered wholly or partially by toxic paint or materials with a lasting toxic effect. Every toilet room
and bathroom floor surface shall be capable of being easily maintained in a clean state.
Minutes of Council Meeting
November 22, 1999
Page 38
(d)
Rodent Proof. Each part of every dwelling shall be rodent resistant. All openings in exterior walls,
foundations, basements, ground or first floors or roofs which have an opening of 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.
(e)
Fence Maintenance. AH 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.
(0
Accessory Structure Maintenance. Accessory structures on the premises where the dwelling or
dwelling unit is located shall be structurally sound and maintained in good repair. The exterior of
such structures shall be covered with decay-resistant materials such as paint or other preservatives.
(g)
Safe Building 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.
Section 6: Maximum Density and Minimum Space for Rental Units
5A.206(1)
No person shall rent or let to another for occupancy any rental dwelling for the purpose of living,
sleeping, eating or cooking therein which does not comply with the following requirements, to-wit:
(a)
Permissible Occupancy of Dwelling Unit. The maximum permissible occupancy of any rental
dwelling unit shall be determined as follows:
(0
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:
5A.207(1)
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
(a) Definitions. For the purposes of this Section, the following terms shall have the meanings stated:
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.
Minutes of Council Meeting
November 22, 1999
Page 39
(3)
Mechardcal Equipment. Heating, ventilation, exhaust, air conditioning, and communication
units integral to and located on top beside, or adjacent to a building.
(4)
Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials,
used to retain soil, as a slope transition, or edge of a plating area.
(5)
Screening. A barrier which blocks all views from public roads and differing land uses to off-
street parking areas, loading areas, service and utility areas, and mechanical equipment.
Co)
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.
O)
Sodding and Ground Co~,er. 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. Benning 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. Ail 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-sectiun, density and species of planting shall be such to
achieve seventy-five (75) percent capacity year-round.
Minutes of Council Meeting
November 22, 1999
Page 40
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(1Xc) 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.
(0
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.
(0
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.
Minutes of Council Meeting
November 22, 1999
Page 41
(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:
5A.209 (1)
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;
(a)
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.
(b)
In new construction of any dwelling unit and in common hallways and other common areas of
existing units, required smoke detectors shall receive their primary power from the building wiring
when such wiring is served from a commercial source. Wiring shall be permanent and without a
disconnecting switch other than those required for over current protection.
(c)
No person, finn, or corporation shall tamper with any smoke detection device. Any person, firm,
or corporation proven to have tampered with any smoke detection device shall be guilty of a
misdemeanor pursuant to §5A.611.
(d)
Combustible material shall not be stored in boiler rooms, mechanical rooms or electrical equipment
rooms.
Section 10:
5A.210(1)
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 exert for temporary interruptions as may be necessary while actual
repairs or alterations are made or during temporary emergencies.
Section I 1: 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.
Minutes of Council Meeting
November 22, 1999
Page 42
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.
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.
5A.211 (5)
Responsibility for Pest Extermination. Every occupant ora 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 IH of the Columbia Heights City Code, which is
incorporated herein by reference.
ARTICLE III Inspection and Enforcement
Section 1: Enforcement and Inspection Authority
SA.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 o f 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.
Minutes of Council Meeting
November 22, 1999
Page 43
Section 3: Inspections
5A.303 (1)
Each dwelling or multiple dwelling which is the subject of a rental hcense shall be inspected in
accordance with the city's "Rental Inspection Policy", subject to section 5A.303(2).
$A.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
During the past year, two or more tenant complaints on single family/duplex/triplex have been
received or four or more tenant complaints on a four-plex or other multiple dwelling have been
received and substantiated (Residential Maintenance Code violations were issued based on the
complaints). Multiple complaints arising out of the same maintenance problem, which occur within
a period of one week, shall be considered to be one complaint for the purposes of this Section.
If any one of the above set forth conditions occur, the Housing Enforcement Officer will notify the
landlord, in writing, that the landlord will be hence forth required to have the building inspected
upon each tenant occupancy change. It will also be the responsibility of the landlord to provide a
list of current occupants and a 72 hour notification of a new tenant move-in. The tenant occupancy
change inspections shall occur for a period of one year from the date of notification by the Housing
Enforcement Officer, however, that time shall be extended if any of the above set forth conditions
continue to exist.
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 a~ent to correct such violations. The Compliance Order shall:
(a) Be in writing;
Describe the location and nature of the violations of this Code;
(c)
Establish a reasonable time not greater than 6 months for the correction of such violation and advise
the person to whom the notice is directed of the right to appeal; and
(d) 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 ser,,ed upon such owner or agent, or upon such occupant, if a copy
thereof is:
(1) Served upon him/her personally,
Minutes of Council Meeting
· November 22, 1999
Page 44
(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 th_is 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 respousible 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
$A.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(I). All appeals shall be conducted in scc0r~ce with Sec. 203,
Uniform Housing Code, 1985 edition, International Conference of Building Officials.
Article IV Licensing
Section 1:
5A.401(1)
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 §6.2020) 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.
Minutes of Council Meeting
November 22, 1999
Page 45
Section 2: License Procedures
5A.402(1)
Within 180 days after the passage of Chapter 5A, the owner of any rental unit within the City shall
apply to the Housing Enforcement Officer for a rental housing license in the manner hereafter
prescribed.
(a)
Apphcation 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 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 ofany rental license.
s)
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 roquired 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.
Minutes of Council Meeting
November 22, 1999
Page 46
Section 4: Issuance of Rental Homing 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. Ifa dwelling unit is not currently
licensed, no license may be issued until all outstanding reinspection fees shall have been paid. Ifa
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 Housing Enfomement Officer or his/her authorized representative.
Section 6: License Transfer
SA.406(1)
The license is transferable upon application to the Homing Enfomement 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 ofthe transfer shall be set by resolution of
the Council.
Section 7: License Renewal
5A.407(1)
(a)
Co)
(c)
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.
Minutes of Council Meetin~
November 22, i 999
Page 4?
Section 8: Suspension or Revocation
5A.40S(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.40S(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:
(b)
(c)
5A.408(3)
5A.408(4)
Section 9:
5A.409(1)
Section 10:
5A.410 (1)
(a)
(c)
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.
The council shall conduct a public hearing on the proposed action and provide f'mdings 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.
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.
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 detennine.
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.
License Fees
License fees, inspection fees, and reinspection fees shall be established by Council resolution.
Conduct on Licensed Premises
It shall be the responsibility of the licensee to take appropriate action following conduct by persons
occupying the premis~ which is determined to be disorderly, in violation of any of the following
statutes or ordinances:
MN Stat. {}609.75 through 609.76, which prohibit gambling;
MN Stat. {}609.321 through 609.324 which prohibit prostitution and acts relating thereto;
MN Stat. § 1 52.01 through 152.025, and {} 1 52.027, subds. I and 2, which prohibit the unlawful
sale or possession of contwlled substances;
Minul~s of Council Meeting
November 22, 1999
Page 48
(d) MN Stat. §340A.401, which prohibits the unlawful sale of alcoholic beverages;
(e)
(0
MN Stat. §609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting
a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house;
Section 10.312 of this code, which prohibits noisy assemblies;
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
inMN 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.
(lc) 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(Depnrtment) shall notify the licensee
by mail of the violation and direct the licermee 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 ofthis 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 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 $A.408 (1) through 5A.408 (4).
Minutes of Council Meeting
November 22, 1999
Page 49
5A.410(6)
No adverse license action shall be imposed where the instance or disorderly use of a licensed
premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty
(30) days ofnotice 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 ofthis section may be postponed or discontinued at any time if it appears that the licensee
has taken appropriate measures which will prevent further instances of disorderly use.
5A. 410(7)
A determination that the licensed premises has been used in a disorderly manner as described in
subsection (1) shall be made upon substantial evidence to support such a determination. It shall not
be necessary that criminal charges be brought to support a determination of disorderly use, nor shall
the fact of dismissal or acquittal of criminal charges operate as a bar to adverse license action under
this section.
Article V: Remedies
Section 1: Hazardous Building Declaration
5A.501(1)
In the event that a dwelling has been declared unfit for human habitation and the owner has not
remedied the effects within a prescribed reasonable time, the dwelling may be declared a hazardous
building and treated in accordance with the provisions of Minnesota Statutes.
Section 2: Secure Unfit and Vacated Dwellings
5A.502(1)
The owner of any dwelling or dwelling unit which has been declared unfit for human habitation or
which is otherwise vacant for a period of 60 days or more shall make the same safe and secure so
that it is not hazardous to the health, safety and welfare of the public and does not constitute a public
nuisance. Any vacant dwelling open at the doors, windows or other wall openings, if unguarded,
shall be deemed to be a hazard to the health, safety and welfare of the public and shall constitute a
public nuisance within the meaning of this Code.
Section 3: Failure to Comply
SA.S03(1)
Upon failure to comply with a Compliance order within the time set therein, and no appeal having
been taken, or upon failure to comply with a modified Compliance Order within the time set therein,
the criminal penalty established hereunder notwithstanding, the City Council, after due notice to the
owner, may by resolution declare the condition to constitute a public nuisance and cause the cited
deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be
a lien against the subject real estate and may be levied and collected as a special assessment in
accordance with Minnesota Statutes Chapter 429, for abatement of nuisances and specifically for the
removal or elimination of public health or safety hazards from private property. Any assessment
levied thereunder shall be payable in a single installment. The intent of this section is to authorize
the City to utilize all of the provisions of this Code and of Minnesota law to protect the public's
health, safety and gene~tl welfare.
Minutes of Council Meeting
November 22, 1999
Page 50
Section 4:
5A.504(!)
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.
Section 5: Cost Recovery
5^.505(0
The Housing Enforcement Officer shall be authorized to request rehnbursement of expenses in
excess of $100.00 per rental property owner in any calendar year which are related directly to
suspension or revocation of t.he 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 tiffs 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.
5^.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 provisions
of this chapter.
Minules of Council Meeting
November 22, 1999
Page 51
Article VI: Penalties
5A.601
No person, firm, corporation, or licensee shall own and maintain or operate or rent to any other
person for occupancy any rental dwelling, rental dwelling unit, or premises in which a rental
dwelling unit is located in violation of Chapter SA, Article 1I (§5A.201, et. seq.), maintenance
standard.
5A.602
No person, finn 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 period during which the dwelling or dwelling
unit is not license pursuant to this Chapter.
5A.603
No person, firm, corporation or licensee shall refuse or fail to allow the Housing Enforcement
Officer to enter a dwelling or unit pursuant to an administrative search warrant for the purposes of
inspection when authorized by this Chapter.
5A.604
No person, finn, corporation or licensee shall fail or refuse to obey a Compliance Order validly
issued under this Code.
5A.605
No person, firm or corporation shall give or submit false information on a license application or any
renewal thereof.
5A.606
No person who is an occupant of a rental dwelling or rental dwelling unit shall cause a rental
dwelling, rental dwelling unit or the premises on which a rental dwelling unit is located to become
in violation of any of the maintenance standards set forth in Chapter SA, Article II (§5A.201, et.
seq.), normal wear and tear excepted.
5A.607
No person shall occupy an unlicensed dwelling or dwelling unit if such dwelling unit is required to
be licensed under this Chapter.
5A.608
No occupant of any rental dwelling or rental unit shall fail to allow or refuse entry to the Housing
Enforcement Officer, for purposes of inspection when authorized by this Code.
5A.609
No person may occupy a dwelling or property posted pursuant to {}5A.304.
$A.610
No person, rum or corporation, including an owner, licensee or occupant, shall remove or tamper
with a placard used for posting prop~y 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
m/sdemeanor 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.
~inutes of Council Meeting
November 22, 1999
Page S2
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 22. 1999
William Elrite, City Clerk
Mayor Gary L. Peterson
Motion by Councilmember Hunter, seconded by Councilmember Szurek to schedule the second
reading of Ordinance No. 1395 for December 13, 1999, at approximately 7:00 p.m.
Bid Considerations
None
Other Business
1) Authorize Software Purchase from PC $olutiops
The Finance Director explained this expenditure is needed to upgrade our system which will
improve our intemet and e-mail capabilities, as well as getting our Web Site up and operating.
Motion by Councilmember Szurek, seconded by Councilmember Wyckoff, 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. Roll Call: All ayes.
ADMINISTRATIVE REPORTS
A. Report of the City Manager
The City Manager wished everyone a Happy Thanksgiving.
Report of the City Attorney
There was nothing to report.
Minutes of Council Meeting
November 22, 1999
Page 53
GENEP~.L COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissio.n.s
Minutes from the following meetings were included in the Council Packet:
1) Meeting of the October 27, 1999, Park and Recreation Commission
2) Meeting of the November 2, 1999, Public Library Board of Trustees
3) Meeting of the October 19, 1999, Economic Development Authority
4) Meeting of the November 10, 1999, Human Services Commission
5) Meeting of the October 21, 1999, Charter Commission
No Council Action was required.
10. CITIZENS FORU~
Dee Logan expressed how important she feels the core values of the Values 1'~ Program are. She
encouraged everyone to take stock of their lives and re-commit themselves to these traits.
11.
The Council Meeting was adjourned at 8:04 p.m.
Respectfully submitted,
Shelley Hanson, Secretary Pro-Tern
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS crrY COUNCIL
LEVY HEARING
NOVEMBER 15, 1999
7:00 P.M.
CALL TO ORDER/APpOINTING OF SECRETARY PRO TEM./ROLL CALL
The meeting was called to order at 7:00 p.m. by Mayor Gary Peterson,
Motion by Councilmember Jolly, seconded by Councilmember Szm'ek to appoint Carole Blowers as
Secretary Pro Tern Motion passed unanimously.
Roll Call: Mayor Peterson, Councilmembers Hunter, Jolly, Szurek, and Wyckoffall present.
RESOLUTION NO. 99-85, BEING A RESOLUTION ADOPTING TUE ASSESSMENT ROLL
FOR ~ FOLLO~G AIJ.~Y IMPROVEMENTS
Kevin Hansen, Public Works Director, provided information on the improvements included in this
resolution. Regarding the alley construc~m, which is assessed over ten years, at 8% interest, the city is
paying 60% of the constructions costs, and the residents are paying 40%. The cost of the alley
sealcoating was calculated at $1.60dineal foot at an interest rate of 8% for one year.
Ken Evans from 3720 2 ½ SWeet N.E. stated that he has been in his home for eight years now, and this is
the third time he is paying for the alley seaicoating. Mr. Evans felt that there was minimal preparation by
the city in doing the seaicoat work, and that there are ruts in the alley from a home being built in that
area. Staff will look into these items.
Judy Hatterman from 3901 7~ Street N.E. and Teryl Barber from 3848 2~ Street N.E. discussed the
situation that they do not use the alley-they have driveways and the back of their garages face the alley.
Residents were reminded that emergency vehicles and rm°use trucks DO use the alleys. Elaine AIbertson
from 960 40* Avenue N.E., stated she does not use her alley either. She questioned why the people who
use the alley vs. the people who don't use it pay the same assessment. She ~'u~ted she feels she is paying
$925 for something she doesn't even use.
Jane Gieason, Assessment Clerk, clarified the fact that residents have thirty days to pay their share of the
assessment without interest (until Decem~ 16). Stamnents will be mailed in May of 2000, and each
year thereafter for the length of the assessments or until paid. The assessment can be paid with interest
before September 15, 2000. If the assessment is not paid by September 15, 2000, then the assessment is
certified to the real estate taxes with a 10% penalty and a county fee.
Harold Hoium from 4321 5' Street N.E., asked where does the money come from? It was explained to
Mr. Hoium that the city has bonded for this portion of the work. Mr. Hoium also questioned how the
city comes up with a 10% penalty. The Assessment Clerk stated that it has always been that amount and
it is determined by the County Auditor.
Motion by Councilmember Wyckofl~ seconded by Councilmember Hunter to waive the reading of
Resolution No. 99-85, being ample copies were available to the public. Motion passed unanimously.
RESOLUTIONS. ~- ~
Adopting assessment roll according to the City Charter for the following local improvement and determining that said
improvement has been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments
numbered 986, 987, 988, 990, 991,992, 993, 994, 995, 996, 997, 998, 999, 1003, 1009, 1010, 1011, 1012, and 1017.
WHEREAS, the City Council of the City of Columbia HeigMs, Minnesota, mat mt 7:00 o'clock p.m. on the 15th day of
November, 1999, in the City Council Chambers, 590 - 40th Avenue N.E., Columbia Heights, Minnesota, being the time
and place set when and where all persons interested could appear and be heard by the Council with respect to benefits,
and to the proportion of the cost of making the local Improvements above described, a notice of such bearing having
been heratofore duly published as required by law, and a notice mailed to each property owner of record, stating the
proposed amount of the assessment; and,
WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an
assessment roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section I.
Section 2.
Section 3.
That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment
Roll for Local Improvements" numbered 986, 987, 988, 990, 991,992, 993, 994, 995, 996, 997, 998,
999, 1003, 1009, 1010, 1011, 1012, and 1017.
That this Council hereby finds and datermines that each of the lots and parcels of land enumerated in
said assessment roll was and is especially benefitted by such improvement in an amount not less than
the amount set opposite in the column headed 'Total Assessment". And this Council further finds and
determines that the proper proportion of the cost of such improvements to be especially assessed
against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of
land respectively in said assessment roll.
That said assessments may be paid in part or in full without interest on or before December 16, 1998, or
in annual installments for a period of from one year to ten years as designated on the assessment roll,
payable on or before the 15th day of September, annually, with 8% Interest thereon. Failure to pay the
annual installment renders the same delinquent and thereafter a 10% penalty and a County Fee is added
and the said delinquent special assessment is certified to Anoka County for collection with the real estate
tax.
Section 4.
Section 5..
That this Council did hereby datermine and redetermine to proceed with said improvement, does ratify
and confirm all other proceedings heretofore had in regard to this improvement, and said improvement
shall hereafter be known and numbered as Local Improvement numbered PIR 988, PIR 987, PIR 988,
PIR 990, PIR 991, PIR 992, PIR 993, PIR 994, PIR 995, PIR 996, PIR 997, PIR 998, PIR 999, PIR 1009,
PIR 1010, PIR 1011, PIR 1012, and PIR 1017 all in Project ~t9802 and PIR 1003 Project 9901.
This resolution shall take effect immediately upon its passage.
Passed this 15th day of November, 1999.
Offered by: Wyckoff
Seconded by: Hunter
Roil Call: All Ayes
William Elrite, City Clerk
I ~ary L. paterSOn, Mayor
Pa~e2
11-] $.9~ l,e~ i'bela~
Motion by Councilmember Wyckoff, seconded by Councilmember Hunter, to adopt Resolution No. 99-85.
Motion passed unanimously.
RESOLUTION NO. 99-86, BEING A RESOLUTION ADOPTING ~ ASSESSMENT ROLL
FOR WATER SERVICE REPLACEMENT AT 4522 5TM STREET
Kevin Hansen, Public Works Director, explained the following usessment for water service replacement,
which was actually emergency work that had to be performed.
Motion by CounciLq~nber Jolly, seconded by Councilmember Szurek, to waive the reading of Resolution
No. 99-86, being ample copies were available to the public.
RE8OLUTION
Adopting assessment mil according to the City Charter for the following local Improvement and determining that said
improvement has been made and ratifying and conforming an authorization by petition/wetver under the "Private
Construction Agreement' to replace water service from main to stop box and to remove and construct curb and gutter,
street and sidewalk heretofore received: Special Assessments numbered PIR 1013, Project #9911.
WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 15t~ day of
November, 1999, in the City Council Chambers, 590 - 40th Avenue N,E., Columbia Heights, Minnesota, being the time
and place set when and where all persons interested could appear and be heard by the Council with respect to benefits,
and to the proportion of the cost of making the local improvement above described, and a notice mailed to the property
owner of record, stating the proposed amount of the assessment; and,
WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvement and has prepared an
assessment roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section I.
That this Council does hereby adopt the aforesaid assessment mil known and described as "Assessment
Roll for Local Improvements" numbered PIR 1013, Project #9911.
Section 2.
That this Council hereby finds and determines that each of the lots and parcels of land enumerated in
said assessment mil was and is aspeciafly benefitted by such improvement in an amount not less than
the amount set opposite in the column headed 'Total Assessment". And this Council further finds and
determines that the proper proportion of the cost of such improvements to be especially assessed
against such lot or pemel of land is the amount set oF)ix)site the description of each such lot or parcel of
land respectively in said assessment roll.
Section 3.
That said assessment may be paid in part or in full without interest on or before December 16, 1699, or
in annual installments for a peflnd of FIVE years as designated on the assessment roll, payable on or
before the 15th day of September, annually, with 8% interest thereon. Failure to pay the annual
installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent
special assessment is certified to the County for collection with the real estate tax.
Section 4.
That this Council did hereby determine and redetermine to proceed with said improvement, does ratify
and confirm all other proceedings heretofore had in regard to this Improvement, and said improvement
shall hereafter be known and numbered as Local Improvement numbered PIR 1013, Project #9911.
Section 5. This resolution shall take effect immediately upon its passage.
Passed this 15th day of November, 1999.
Offered by: Jolly
Seconded by: Szurek
Roll Call: All Ayes
Ga . Paterson, Mayor
William Eirite, City Clerk ...........
Motion by Councilmember Jolly, seconded by Councilmember Szurek, to adopt Resolution No. 99-86.
RESOLU~ON NO. 99-87, BEING A RESOLUTION ADOPTING THE ASSESSMENT ROLL
FOR REPAIR OF HAZARDOUS BUILDING AT 1010 40TM AVENUE
Motion by Councilmember Szurek, seconded by Councilmember Jolly, to waive the reading of Resolution
No. 99-87, as ample copies were available to the public.
RESOLUTION NO. ~- 87
Adopting as.~essment mil according to the City Charter for the following loc, al improvement and determining that said
improvement has been made and ratifying and conforming an authorization by petition/waiver under the 'Authorization
To Repair Hazardous Building Agreement' to remove hazardous condition by cleaning and securing garage and
replacing door hereto received: Special Assessments numbered PIR 1004, Project #9821.
WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 15"' day of
November, 1999, in the City Council Chambers, 590 - 40th Avenue N.E., Columbia Heights, Minnesota, being the time
and place set when and where all parsons interested could appear and be heard by the Council with respect to benefits,
and to the proportion of the cost of making the local improvement above described, and a notice mailed to the proparty
owner of record, stating the proposed amount of the assessment; and,
WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvement and has prepared an
assessment roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section I.
That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment
Roll for Local Improvements" numbered PIR 1004, Project ~9821.
Section 2.
That this Council hereby finds and determines that each of the lots and parcels of land enumerated in
said assessment roll was and is especially benefitted by such improvement in an amount not less than
the amount set opposite in the column headed "Total Assessment". And this Council further finds and
determines that the propar proportion of the cost of such improvements to be especially assessed
against such lot or parcel of land is the amount set opposite the description of each such lot or pamel of
land respectively in said assessment roll.
Section 3.
That said assessment may be paid in part or in full without interest on or before December 16, 1999, or
in annual Installments for a pedod of FIVE years as designated on the assessment roll, payable on or
before the 15th day of September, annually, with 8% interest thereon. Failure to pay the annual
installment renders the same delinquent and thereafter a 10% panaity Is added and the said delinquent
spacial assessment is certified to the County for collection with the real estate tax.
Section 4.
That this Council did hereby determine and recletermine to pmoeed with said improvement, does ratify
and confirm all other proceedings heretofore had in regard to this Improvement, and said Improvement
shall hereafter be known and numbered as Local Improvement numbered PIR 1004, Project #9821.
Section 5. This resolution shall take effect Immediately upon its passage.
Passed this 15th day of November, 1999.
Offered by: Szurek
Seconded by: Jolly
Roll Call: All Ayes
' Gary L. Peterson, Mayor
'~' Elrite cityCI ' '
William , erk
Motion by Councilmember Szurek, seconded by Councilmember Jolly, to adopt Resolution 99-87
Mr. Bedi from Sahib's Gateway to India Restaurant, 4022 Central Avenue N.E., had drawings for
additional seating at his restaurant which he presented to the Mayor and Council.
ADJOURNlVlgNT
The meeting adjourned at 7:43 p.m.
R~s~ectfully submitted,
Secretnry Pro Tern
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
TRUTH IN TAXATION MEETING
DECEMBER 6, 1999
1. Call to Order- Roll Call
The meeting was called to order by Mayor Peterson at 7:00 p.m. Present were Mayor Peterson
and Councihnembers Szurek, Wyckoffand Hunter.
Appointment of Patty Muscovitz as Seerell~rv Pm T~al
MOTION bY Szurek, second by Wyckoff, to appoint Patty Muscovitz as Secretary Pm Tern.
All ayes. Motion carried.
3. Presentation of 2000 Budeet and Tax Lew Information
Mayor Peterson indicated this meeting was present the year 2000 Budget and Tax Levy
Information to give the public allowing time for any public questions.
Mr. Fehst, City Manager, indicated handouts for the meeting were: the Truth in Taxation Hearing
Budget booklet (with a correction in the State Aid page), Projected Fund Balance sheet, and the
Community Development/EDA Proposed 2000 Budget SUmmary.
Mr. Elrite, Finance Director, gave an overview presentation of information in the Troth in
Taxation Hearing booklet. He indicated with the year 2000 Budget the State has elirnjnated
Local Performance Aid. Additional items reviewed were proposed property taxes, changes in
property class rate percentages, 2000 budgetary funds expenditures/revenues/classifications,
pwposed Levy and State Aids, EDA Tax Levy, General and Library fund expenditures, changes
in Tax Levy, and property tax percentage breakdown. Mr. Elrite then discussed the Projected
Fund Balance as of 1/1/2000 of $1,184,822 with possible areas to use some of these funds and
budget cuts to possibly add back in. If these changes were considered, the remahun' g fund
balance would be $586,158.
Mr. Fehst referred to a Citizens League study which indicated Columbia Heights ranked 107~ in
taxes on a average home, out of 107 metropolitan communities.
Mr. Hunter asked if any area in the Police department budget was reduced significantly by the
$10,000 cut. Staff indicated, it was an insignificant, across the board cut.
Mayor Peterson asked if anyone in the audience had questions on the Proposed 2000 Budget.
Mr. Brace Nawrocki came forward. He questioned why the Truth in Taxation Hem'ing booklet
or summary sheets were not available at the Library for the general public. He felt this was
contrary to openness in government.
Truth in Taxation Hearing
December 6, 1999
Page two
Mr. Nawrocld commented on the interpretation of the Citizens League survey. He questioned
the HRA Levy, which was to be used for the Sheffield District, but the amount has risen from
$74,000 to $94,000. Regarding the Proposed Multi-use Center, Mr. Nawrocld questioned ifa
levy was to pay offthe debt service.
Mr. Elrite indicated no formal action has been taken, but Springsted Financial Inc., the Financial
Consultant, advis-~ a bond sale added to the 2000 taxes. Mr. Nawrocki questioned the legality of
a levy before the debt service is issued.
Mr. Nawrocld spoke of information passed on to the Mayor that was referred to by the City
Financial Advisor as having come from the "Vote No" committee. He was upset to be indicated
as part of a "Vote No" committee when there is no such committee and he has never indicated a
"Vote No" position. He demanded an apology from Council, stating it was very unprofessional
for the Consultant to put this on paper. Mr. Fehst apologized for this misunderstanding. The
Mayor also apologized and stated there was no such intent. He only passed the information on to
the Consultant to find out if it was correct. All other Councilmembers also apologized and stated
they were not aware of this misunderstanding until this moment.
Mr. Nawrocki indicated his hope that if the Multi-use Center vote passed that it not reflect on the
City's benefit of Fiscal Disparities. He also felt that if the vote passed the tax increase may cause
financial hardship to senior citizens of the community that are on a very limited income.
Ms. Wyckoff asked the City Manager to explain why a percentage increase is necessary to
maintain a base for the future, and why there is a projected deficit for the Community
Development Department. Mr. Hunter discussed poss~le reasons for low property values.
4. Ad_iournment
Following no further questions, Mayor Peterson called for a motion to adjourn.
MOTION by Wyckoff, second by Szurek, to adjourn the meeting at 8:04 p.m. All ayes.
Motion carried.
P~/tricia Muscovitz, beputy C~gy Clerk
h :~99-12.4tmihlntsx~ti~n
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: December 13, 1999
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: LI ~ ~,~ CITY MANAGER'S APPROVAL
ITEM: Establishing Work Session BY: W. Fehst BY:
meeting for January 2000 DATE: December 10, 1999 DAT~] ~/0 ~'
NO:
Work sessions need to be established for January, 2000.
It is recommended that a Work Session be held Monday, January 3, 2000 at 7:00 p.m.
Monday, January 17, 2000 is a holiday and City offices will be dosed. Therefore the date for a second
Work Session in January will need to be determined.
RECOMMENDED MOTION:
Move to establish Work Sessions for Monday, January 3, 2000 at 7:00 p.m. and
at __ p.m.
, January, 2000
COUNCIL ACTION:
h:\99-12-13worksessiondates
CZTY CO~NCZ~ ~ITTER
Meeting of: December 13, 1999
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER' S
NO: CITY , AGER'_ f ,/,
NO:
Attached are proposed 2000 wage schedules for non-union part-time temporary Libraryemployees,
seasonal Public Works employees, seasonal/temporary Recreation employees, and bike patrol
officer.
The Library Director is recommending increasing the wage schedule for part-time temporary
pages and chorepersons, library aides, and library supervisors by 3.5%.. These adjustments
would make our rates for such positions competitive with similar jobs in the marketplace.
The Public Works Director is recommending increasing the wage schedule for seasonal laborer,
warminghouse attendant, and warminghouse lead attendant by $.50 per hour based in part, on the
difficulty we have experienced obtaining seasonal employees. These adjustments would make our
rates for seasonals in the Public Works Department competitive with other cities.
The Recreation Director is recommending increasing the wage schedule for facility supervisor
by $.50 per hour. Additionally, he is recommending differing wage rates for youth officials
and umpires depending upon the sport. This results in an increase per game for such youth
officials and umpires of anywhere from $.50 to $1.50. No other increases to wages for
seasonal/temporary recreation employees is recommended. The Recreation Director is
recommending such increases based on an attempt to stay competitive in the marketplace for
similar positions.
The Police Chief is recommending increasing the wage schedule for bike patrol officer by $.25
per hour. The recommended wage range is based, in part, on what other agencies are paying for
similar positions.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 99- , adopting changes in wage ranges and
establishing wages for seasonal and temporary employees for calendar year 2000.
COUNCIL ACTION:
RESOLUTION 99-99
ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR
TEMPORARY PART-TIME LIBRARY POSITIONS,
SEASONAL PUBLIC WORKS POSITIONS,
SEASONAL/TEMPORARY RECREATION POSITIONS,
AND BIKE PATROL OFFICER
WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for
Non-Unionized City Employees:.effective January 1, 1980 (Resolution 80-47), which indicated
that on an annual basis, changes will be adopted in Wage Ranges, based upon reliable survey
data.
NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights
establishes wage ranges for non-unionized temporary part-time Library positions, seasonal
Public Works positions, seasonal/temporary Recreation positions, and bike patrol officer, an
indicated on Schedule I, II, III, and IV, which are on file in the office of the City Manager; and
BE IT FURTHER RESOLVED that such schedules be effective January 1, 2000.
Passed this ~ day of ,1999.
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk
2OOO
SCHEDULE I
Pages and Choreperson
Entry
6 months
12 months
24 months
36 months
$6.28/hour
$6.67gnour
$7.06/hour
$7.46/hour
$7.85gnour
Library_ Aide
Entry
6 months
12 months
24 months
36 months
$6.82/hour
$7.25/hour
$7.68/hour
$8.1 O/hour
$8.53/hour
Library Supervisors
Entry
6 months
18 months
$14.54/hour
$15.35/hour
$16.15/hour
2000
SCHEDULE II
ENTRY 1 2 3 4 5 6
YEAR YEARS YEARS YEARS YEARS YEARS
SEASONAL LABORER $7.75 $8.00 $8.25 $8.50 $8.75 $9.00 $9.25
(INCLUDING RINK
WARMING HOUSE $7.50 $7.75 $8.00 $8.25 $8.50 $8.75 $9.00
ATTENDANT
WARMING HOUSE LEAD $8.50 $8.75 $9.00 $9.25 $9.50 $9.75 $10.00
ATTENDANT
'Schedule III 2000 Seasonal/Temporary
Recreation Employee Wage Schedule
Movemeat through the wage schedule is contingent upon satisfactory perfornumce as judged by the City.
Pmition Title
Summer Playground Asst.
Facility Supervisor
Scoraceep~ (per ~ame)
Baseimll - Umpil~
- House Leasue
- Traveli~
Soccer Officials
Softball Umpires
- Youth Slow Piich
- Youth Fast Pitch
- Travelins
Football
Adair Athk'tics
U~als
(Sofa~ ~
Vo~eall, md Football
~Am Izmuctor
(Glmmastics, CheerleaginE,
and Balkt)
A~' School Inslractor
Summer Playground Supervisor
~ Inmucmr
Entry 6 Months 1 Y~ar 2 Years 3 Years 4 Years
$6.50 $6.73 $6.97 $7.21 $7.46 $7.72
8.00 8~25 8.50 8.75 :" 9.00 9.25
8.00 8.25 8.50 8.75 9.00 9~5
$15.00/game
$25.00/game
$14.00/game
$13.00/game
$25.00/game
$15.00/game
$20.00/game
$20.00/game
(Wage range of $16.00 to $25.00 per ~me; wage to be set by the Recreation Director and
approved by the Assistant to the City Manager.)
(Wage range of $8.00 to $15.00 l~r hour, wage to be set by the Recreation Director ami
approved by the Assistant to tbe City Manager.)
(Wage range of $7.00 to $20.00 per hour; wage to be set by the Recreation Director and
approved by the Assisiant to the City Manager.)
(wage range of $7.00 to $15.00 per hour, wage to be set by the Rexu~tion Director and
approved by the Assistant to the City Manager.)
(Market rate - contingent upon approval of the Recreation Direetor and the Assistant to
the City Manager.)
2000
SCHEDULE IV
ENTRY ONE YEAR TWO YEARS
BIKE PATROL OFFICER $7.25/hour $7.50/hour $7.75/hour
CITY COUNCIL LETTER
Meeting of December 13, 1999
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. I"%" 14'~'s" POLICE APPROVAL:
ITEM: Adopt Resolution to accept Public Safety BY: Thomas M. Johno,~,~,,l~F I BY:
NO. Grant for Overtime Expense DATE:(-,~' ~/ DATE:
Background
The Minnesota Department of Public Safety has granted the Columbia Heights Police Department a grant
in the amount of $10,000. This grant will be used to pay overtime for officers on special details such as
laser speed enforcement, theil from auto enforcement, warrant sweeps, etc. There is no match required
on this grant, but it does require a resolution to accept it.
Analysis/Conclusion:
This is the fourth year we have received this grant. The first two years we received $30,000 each year.
Last year we received $20,000, and this year we have been granted a $10,000 award. The reason that
these awards have been reduced is that more departments have been applying for these funds than in the
past. ',
Recommended Motion:
Move to adopt Resolution 99-100, being a resolution to accept the Minnesota Department of Public
Safety grant for $10,000 to be used for overtime expense in the year 2000.
TM.l:mld
99-381
COUNCIL ACTION:
RESOLUTION NO. 99-100
RESOLUTION OF A COOPERATIVE AGREEMENT WITH THE MINNESOTA
DEPARTMENT OF PUBLIC SAFETY FOR A COPS OVERTIME GRANT
WHEREAS, the Columbia Heights Police Department has been granted $10,000 in a grant from
the State of Minnesota Department of Public Safety for a grant entitled COPS Overtime Grant,
and,
WHEREAS, the Columbia Heights Police Department has been successful in obtaining this
grant for the period of January 1, 2000, to December 31, 2000.
NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights enter into a
cooperative agreement with the Minnesota Department of Public Safety for the project entitled
COPS Overtime Grant for the period from January 1, 2000, to December 31, 2000, that the City
Manager and the Mayor are hereby authorized to execute such agreements and amendments as
necessary to implement the project on behalf of the City of Columbia Heights.
Passed this 13th day of December, 1999
Offered by: Wyckoff
Seconded by: Szurek
Roll Call: All ayes
Mayor Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
Meeting of December 13, 1999
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. -A-5PO .ICE PVROV :
ITEM: Authorization to accept Juvenile BY: Thomas M. JohnsorT~. i/,~ BY:
NO. Accountability Block Grant from State DATE: December 8, 1999 v ~} v DATE:
Background
The Columbia Heights Police Department has been successful in securing a grant through the State of
Minnesota Department of Economic Security/Juvenile Accountability Incentive Block Grant. This grant
will pay for our share of the Project Safety Net program ($6,000) and for the supervisors' pay for our
graffiti cleanup program. The grant is for $10,444 with a $1,160 match. The grant breaks down as
follows: $6,000 for Project Safety Net and $6,648 for salaries and fringe benefits of work crew
supervisors. We have been using the same grant during the past year for the same expenses.
Evaluation/Conclusion
This grant will allow us to continue two programs that have worked very well for the city and the
department. Individuals caught doing vandalism and/or graffiti, or have community service time to serve,
or through the local schools have detention to serve, use this program to pay their debt to society. The
city benefits by having graffiti free buildings and a clean appealing community. The program has been
expanded to include raking leaves in the fall for the elderly or disabled and shoveling snow in the winter
for the same.
Project Safety Net is a program that greatly benefits the city by giving us a place to take juvenile curfew
violators. Once at the Safety Net, we know they will get an immediate intervention and the officer can
return promptly to the streets. The department feels strongly that this is an excellent use of these funds.
Recommended Action
Authorize the Mayor and the City Manager to accept a grant from the State of Minnesota Department of
Economic Security/Juvenile Accountability Incentive Block Grant in the amount of$10,444 with a match
of $1,160, with the match to come from unexpended funds in the 1999 Police Department budget.
TMJ:mld
99-382
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: 12/13/99
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: ~' f~' ~ PUBLIC WORKS
SNOW AND ICE CONTROL POLICY DATE: 12/6/9s)':';~ DA~'E: /,,Z/,g~/fl~y
Background:
The Snow and Ice Control Policy was reviewed by city staff and updated this year. Several changes have been made in the
assignment of plow routes to make better use of new equipment and improve salt/sand application. Based upon an October $~,
1998 Snow and Ice Control workshop sponsored by the League of Minnesota Cities (LMC), it is recommended by attorneys at the
LMC that every city have a snow and ice control policy that is reviewed annually by the City Council and approved by resolution.
In 1998 Columbia Heights City Council followed the LMC recommendations and approved the Snow and Ice Control Policy by
Resolution.
Analysis/Conclusions:
Public Works staff updated the policy and has also held an annual meeting with staff from the Police, Fire, Administration,
Recreation and Library for review and comment on the policy and any proposed changes. In an effort to improve snow removal
and ice control, the following changes from 1998 to 1999 have been made:
The ratio of salt to sand has been changed from 5 to 1 to 4 to 1. /..
Alley plow route assi~ments have been changed in alleys that have been reconstructed.
The Police Depar~ent will use Ford 4 x 4 pickup #175 in case of emergency.
Recommended Motion: Move to waive the reading of the resolution, there being ample copies available to the public.
Recommended Motion: Move to approve and adopt Resolution No. 99- adopting the 1999/2000 Snow and Ice Control Policy
for the City of Columbia Heights.
IOI.'jb
99-333
Attachment:
Resolution
1999/2000 Snow & Ice Control Policy
COUNCIL ACTION:
RESOLUTION NO. 99-104
RESOLUTION ADOPTING THE 199912000 SNOW AND ICE CONTROL POLICY
WHEREAS, a Snow and Ice Control Policy has been developed and recommended by City
staff; and
WHEREAS, adoption of said policy has been determined to be in the best interest of the City of
Columbia Heights,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia
Heights that said Snow and Ice Control Policy is hereby approved and adopted.
Dated this 13th day of December, 1999.
Offered by:
Seconded by:
Roll Call:
CITY OF COLUMBIA HEIGHTS
BY
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
CERTIFICATION
State of Minnesota
County of Anoka
City of Columbia Heights
I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented
to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of
Columbia Heights, Minnesota, on the 13th day of December, 1999, as disclosed by the records of
said City in my possession.
Seal
Patricia Muscovitz, Deputy City Clerk
CITY OF COLUMBIA HEIGHTS
PUBLIC WORKS DEPARTMENT
SNOW AND ICE CONTROL POLICY
1999/2000
Adopted by City Counc/1 12/13/99
MASTER PLAN FOR SNOW PLOWING. ICE CONTROL AND REMOVAL
The City of Columbia Heights believes that it is in the best interest of the residents for the City to
assume basic responsibility for control of snow and ice on city streets. Reasonable ice and snow
control is necessary for routine travel and emergency services. The City will provide such control in a
safe and cost effective manner, keeping in mind safety, budget, personnel and environmental
concerns. The City will use city employees, equipment and/or private contractors to provide this
service.
POLICY
The types of snow, wind conditions, time of day and time of the year the snow fails will affect the
decision on when snow plowing and ice control operations will be performed. It has .been our general
policy to begin plowing snow when there is three inches or more of accumulation. Plowing may aiso
be scheduled when consecutive smailer snowfails, within a short time frame, amount to three inches.
Plowing during the parking ban has proven to be the most efficient.
Generally, operations shall continue until ail roads are passable. Widening and clean-up operations
may continue immediately or on the following working day depending upon conditions and
circumstances. Safety of the plow operators and the public is important. Therefore, snow
plowing/removai operations may be terminated after 10-12 hours to allow personnel adequate time for
rest. There may be instances when this is not possible depending on storm conditions and other
circumstances. Operations may aiso be suspended during periods of limited visibility. Any decision
to suspend operations shall be made by the Director of Public Works and shall be based on the
conditions of the storm. The City will still provide access for emergency fire, police and medicai
services during a major snow or ice storm.
CALL-OUT PROCEDURE
During non-City office business hours, the Police Department notifies the County Central Dispatcher,
who in turn aierts the duty person of the conditions. In the case of a call for sanding, duty person will
call out the required number of sanding trucks. In the case of an unscheduled request for plowing, the
duty person notifies the Public Works Superintendent, who, in turn, makes the decision to begin
plowing operations. If the Superintendent is not available, the duty person will contact the Public
Works Director, Street Foreman or City Manger in that order. Should the Superintendent have any
questions or concerns, the Superintendent shail confer with the Public Works Director. The Public
Works Superintendent has pre-arranged a schedule of assignments for personnel and equipment. On
evenings and weekends the employees arc cailed out based on department, overtime priority and
availability.
PRIORITIES
The following general priorities shall be observed for snow plowing, ice control and removai. Some
priorities are performed simultaneously depending on conditions and existing situations.
Priority #I - Main thoroughfares, low volume residentiai and commercial streets, Fire and Police
-2-
Priority #2 -
Department ramps and accesses, alleys, cul-de-sacs, dead ends, pump and lift station
a~cesse5.
Municipal building parking lots and sidewalks, pedestrian bridges, designated
sidewalk routes.
Priority #3 -
Clear intersections for visibility, walk-ways through parks, skating and hockey rinks,
bus stops needing clearing for handicap accessibility and the Municipal Service
Center walkways and stairways.
Priority #4 - Industrial and school hydrants.
Priority #5 -
Hauling snow when necessary. (Business DistriCt, parking lots, widening st~em,
etc.)
Priority #6 -
Roof maintenance JPM, Police Station, Library. Check for ice, dams and plugged
Priority #7 - Residential hydrants. Assist Adopt-a-Hydrant Program.
PLOWING EMERGENCY - PERSONNEL & EOUIPMENT
A. Assignments by department
1. The Street Department shall do as follows:
a.. Assign personnel as necessary for street plowing and sanding operations.
b. Remove snow from main thorouglffares and apply sand.
e. Remove snow from residential streets and alleys and apply sand.
d. Remove snow from municipal parking lots.
e. Clean up alley openings, intersections and the deposits of snow left by snowbirds.
Follow up on complaints from the public and others. Any personnel that become
available will be assigned to help others wherever needed. They may have to widen
streets again the next day.
The Sewer a~d Water Department shall remove snow according to the following
priorities:
ao
Furnish personnel as necessary for street plowing operations.
Plow entrances and areas around tower site, pump houses, and lift stations.
Clean sidewalks and entrances at the Library before it opens. If necessary in the
afternoon, the sidewalk snow removal will be done by personnel employed by the
Library under the School Work Program, if available. Personnel can then assist
others who are hand shoveling other areas.
d. Personnel shall assist the Fire Department in digging out hydrants as they become
-3-
available. Certain hydrants have been designated as critical and will be witnessed by'
flag extensions;
The Park Department shall remove snow according to the following priorities:
ao
Furnish personnel as necessary for street plowing operations.
Clear snow and deice all City Hall, Police Department, Fire Department and JPM
sidewalks and entrances. Fire Dep~tment: For snow eonditious of three inches
or more the Fire Department shall initially clear all doorways, stairs, the bus
shelter, and open the walks around City Hall. If there is only one person in the
Fire Department, they will contact Public Works who will supply one person to
help them. After all other work is accomplish, ed, Public Works shall finish
widening the walkways.
JPM maintenance personnel: Responsible for clearing snow from sidewalks
and entrances on weekends, holidays and evenings. If conditions warrant, they
may use the snow blower from the Fire Department.
c. Remove snow from sidewalk
· Central Avenue between 4022 and 4024
· City Hall and parking lot
· Recreation and JPM - Mill St. sidewalk
· 49', University to Central
· Library - 40* Avenue sidewalk and Jackson Street sidewalk
°Van Buren - parking lot and sidewalk along side Anoka County building
· 40', University bus stop, 34 St. to University, Central to Hayes.
°37' Avenue, north side, Reservoir to first alley east
· 5' Street, 47th48th, east side sidewalk
· Jefferson Street, Huset east and west
· Jackson Pond, south end sidewalk
· Edgemoor Park, 2~ Street sidewalk
· Ostrander Park, Tyler Street sidewalk and front entrance sidewalk
· Wargo Park, exterior sidewalk
· 4601 Jefferson Street - driveway entrance
· 42~ and University (walk bridge) - west side
· 44* Avenue (Tyler Street to Reservoir Blvd.)
· Central Avenue sidewalk in front of 4150 Central Avenue
Remove snow from pathways:
· McKeuna park pathway
· Sullivan Park pathway - Note: New pathway from lift station to Central Ave. has
been added.
· LaBelle Park pathway
· Prestemon Park pathway
°Curt Ramsdell Park pathway
d. Remove snow from skating areas and park parking lots.
e. Roof Maintenance JPM, Police Station, Library
· Remove ice dams and unplug roof drains.
-4-
The Sign Department personnel shall hand shovel the pedestrian bridges and spread
deicer.
· Furnish personnel as necessary for street plowing operations.
· 42"~ and University (walk bridge)
· 49* and Central (walk bridge)
The Engineering Department Techs shall remove snow and deice the walks and steps
around the Municipal Service Center building, parking lots and assist the Sign
Department in the removal ofsnow from the pedestri.an bridges.
DHv~Ible E~_uipment Used in Snow Emergencies:
Heavv
#7
#9
#14
#104
#167
Eouioment
Caterpillar front end loader with plow (two stage snow blower - used for snow removal)
Case front end loader with plow
Caterpillar motor grader with plow
JCB backhoe loader
Ford backhoe loader
Dump
#18
#19
#24
#45
#69
#70
#99
#200
#218
Tracks
1 ton Ford dump track with front plow.
33,000 G.V.W. GMC dump truck with front plow, underbody plow and sander (SE
Quadrant)
27,500 G.V.W. dump truck with front plow and sander (alleys)
33,000 G.V.W. Ford dump track with front plow, underbody plow and sander (NW
Quadrant)
33,000 G.V.W. Ford dump truck with front plow, underbody plow and sander (NE
Quadrant).
54,000 G.V.W. Ford Tandem dump truck with reversible front plow, underbody plow,
wing plow and sander (Main drags).
33,000 G.V.W. Ford dump truck with reversible front plow, wing plow and sander (SW
Quadrant).
1 ton Ford dump truck with front plow
1 ton Ford dump truck with front plow
Pickuns
#12 4 x 4 3/4 ton Chev pickup with front plow
#125 4 x 4 3/4 ton Chev pickup with plow
#175 4 x 4 3/4 ton Ford pickup (designated for Police use until streets are passable)
#207 4 x 4 3/4 ton Chev pickup with plow - (designated for park use)
Mi,c. Equipment
#217 Melroe Bobcat (with snow bucket attachment)
#296 MT Trackless (with snow blower), plow and broom
-5-
Street Plowin~ Routes
Attached are maps of main thoroughfares, quadrants, dead-end alleys and cul-de-sacs, thru alleys,
parking lots and snow removal areas.
1. Main thoroughfares - Tandem dump truck and motor grader
2. Quadrants SW, NW, SE, NE - dump trucks
3. Thru-aileys - #24 dump track with V plow
4. Dead-end alleys and cul-de-sacs - Pickups and 1 ton dump micks
5. Parking lots - front end loader (#7 and #9)
6. MSC, SACA, Library, load sand trucks backhoe JCB #104
When a starting time is determined, the following procedures are followed:.
Main Thoroug~ares
Tandem dump truck #70 and motor grader #14 will work together to plow:
· 37~ Avenue, Central to Stinson (or) 37~ Avenue, Main to Central
· Main Street, 37* Avenue to 40* Avenue.
· 40* Avenue, University to Stinson
· Stinson, 40* Avenue to 43'a Avenue
· Benjamin - 43~ Avenue to 45* Avenue
· 44* Avenue, Main St. to Arthur
· Arthur Street, 44* to 45* Avenue
· 45t~ Avenue, Arthur to Stinson
· 49* Avenue, University to Fairway Drive
· Fairway Drive, Upland Crest to Fairway Drive
When the main thoroughfare combined routes have been completed, the grader will proceed to
NE Quadrant and assist with plowing the avenues.
Tandem dump track #70 will plow the remainder of the main thoroughfares.
· 39* Avenue, 5* Street to Central Avenue
· 45t~ Avenue, University to McLeod
· McLeod, 45* Avenue to Reservoir Blvd.
· 5 l"t Avenue, University to Central
· Fillmore, 46~ Avenue to 49~ Avenue
· 46th Avenue, Fillmore to Reservoir Blvd.
· Reservoir Blvd., 3Th Avenue to 46~ Avenue
· Chatham Road, 45* Avenue to Fairway Drive
· Stinson Blvd., Fairway Drive to Silver Lake Beach
· Arthur Street, 39* Avenue to 44th Avenue
Hart Blvd., 37* to 39* Avenue
The tandem will have the primary responsibility for sanding the main thoroughfares.
=6-
Ouadrants
Four dump truck plows - each operator is assigned to a specific quadrant.
SW Ouadrant. This area is from 37th Avenue to 4$th Avenue from Main Street to Central
Avenue. In this quadrant we have two main arterials we open up first. They are the University
Avenue Service Road and Jefferson Street. The operator in this area will plow Jefferson and the
Service ROad before plowing any other streets or avenues. When these two streets have been
plowed, the operator will start plowing on 37th Avenue and .Van Buren Street going north and
working in a westerly direction. Usually when the operator reaches University Avenue, one of
the other plows from a different quadrant is finished and will help to finish the area west of
University Avenue. Alternate starting points may be used each time.
Note: We share the responsibility of plowing 37th Avenue from Stinson Boulevard to Main
Street with the City of Minneapolis. 37th Ave. is divided into two segments - (1) Main St. to
Central Ave. and (2) Central Ave. to Stinson Blvd. Per agreement, we alternate segments each
year. The agreement period is October 1 st to October 1 st. For 1999-2000 Columbia Heights
maintains Main Street to Central Avenue.
NW Quadrant This area includes University Avenue to Central from 45th Avenue to 53rd
Avenue exclusive of the City of Hilltop. Again, this quadrant has two main arterials to be
plowed first, that being Jefferson Street and the University Avenue Service Road. The operator
in this quadrant will start on the west end one time and the east end another time in order to
equalize the complaint of always being plowed last. Again, when the operator has finished or
another operator has finished plowing their own area, they will combine to finish whatever area
is not completed. Alternate starting points may be used each time.
SE Quadrant. This area includes 37th Avenue to 45th Avenue between Central Avenue and
Sfinson Blvd. In this area the plow starts plowing Tyler Street from 37th North and then works
avenues from 37th to 44*, then streets easterly to Stinson Boulevard. When this has been
accomplished, the plow will work the streets between Central Avenue and Reservoir Boulevard.
Alternate starting points may be used each time.
Note: We share the responsibility of plowing 37th Avenue from Stinson Boulevard to Main
Street with the City of Minneapolis. 37th Ave. is divided into two segments - (1) Main St. to
Central Ave. and (2) Cenmd Ave. to Stinson Blvd. Per agreement, we alternate segments each
year. The agreement period is October 1st to October 1st. For 1999-2000 Columbia Heights
maintains Main Street to Central Avenue.
NE Ouadrant: This area includes 4$th to SPt ½ Avenues from Central to Stinson. We will
either begin plowing Mathaire Addition or Sheffield Addition, depending on the time of day and
the number of cars that could be in the Sheffield Addition. Whichever way, we will pick up the
Hilltop Addition and the Innsbruck Addition. Alternate starting points may be used each time.
-7-
The alley "V" plow is pushed by a dump truck. This plow usually starts on the west side of town
being California Street to University Avenue, 37th to 4$th Avenue and works its way east.
Alternate starting points may be used each time. Equipment problems may require the use of
4-wheel drive vehicles to clear alleys, as last resort,
DC~-Cnd alle_vs and cul-de-sacs
The 4-wheel drive vehicle operators each receive a map showing all the cul-de-sacs, dead end
alleys, and hard-to-get at places. When each operator has their own designated areas finished,
they will check with the other operators and will help each other finish plowing where needed.
They may assist the "V" plow operator in finishing his alley rOutes if assigned by the
Superintendent. When alleys are finished, operators will clean intersections in their assigned
area.
Parking lots
The plow route for ~9 front end loader, #7 front end loader and #104 backhoe with plow is as follows:
2.
3.
4.
5.
6.
Administration Building, Police & Fire lots
M..S.C. Area (includes SACA driveway)
JPM lot on Mill Street
Library
Van Buren lot south of 40th
JPM rear lot, then wherever needed, (i.e., other lots, intersections, drifted areas, etc.),
priority mainly depends upon the mount of snowfall.
CONTROL
When there is any accumulation of snow or ice, it normally is necessary to sand streets. This function
begins when reports from the police indicate that slippery conditions exist. On weekends and
evenings the duty person is called by the Police or County Central Dispatcher. The duty person
organizes the sanding operation based on the Superinte. ndent's standing instructions. Main
thoroughfares, busy intersections, hills, emergency routes, are given priorities. Police reports of
slippery conditions are also considered. Application is limited on low volume streets and cul-de-sacs.
Sanding provides for traction but is not intended to provide bare pavement during winter conditions.
Sand and salt is ordered and mixed in controlled quantities, usually 300 ton at a time. The standard
mix ratio will be 4 parts sand to 1 part salt. Mix ratios sand to salt may vary to maximize
effectiveness.
Salt sand will be furnished for residents in the designated area behind the Municipal Service Center
outside the Recycling Center.
The City cannot be responsible for damage to grass caused by the sand/salt mixture and therefore will
-8-
not make repairs or compensate residents for salt damage to turf areas in the street fight-of-way.
SAND BARRELS
Sand barrels are located at the following 17 lOcations throughout the City. They are put in place the
first week of November and removed by the 15th of April.
EAST
·
·
·
·
·
·
·
SIDE
Alley behind 3827 Central Ave. (so. end of Doctor's Office)
Alley behind 3813-15 Pierce St.
1305 37th Ave. (NE comer of 37th & Pierce)
3850 Sfin~n Blvd. (by Height's Manor Nursing Home)
Across from 4088 Stinson Blvd. (by street sign)
Across from 4410 Stinson Blvd. (Beach wad)
Across from 4464 Stinson Blvd. (Beach road)
3984 Reservoir Blvd. (SW. comer of40th & Reservoir)
2 Barrels at 965 40th Ave. (High Rise) - l near main entrance and 1 on the circle island in
front.
1300 Pierce Terrace (SE comer)
WEST SIDE
·
·
·
·
·
·
·
4707 Jefferson (by driveway north side)
951 46 ½ Ave. (north side by pole)
4101 Washington (NE comer)
4059 Monroe (on 41st Ave. by alley by pole on west side)
590 40th (police lot by steps)
Behind Murzyn Hall (back door entrance) 530 Mill St.
Alley behind 3935 Van Buren (by steps on thc north side)
As we approach the end of the winter season, the Public Works Department concentrates on exposing
catch basins in critical areas where early runoff may cause serious damage. Storm drains are
inspected for freezing. Some steam thawing and chemical treatment may be necessary.
SNOW REMOVAL
Certain actions and areas were designated by the City Council on January 11, 1982, and amended
from time to time, for services. These services are shown on the attached drawing #1. They
specifically point out services other than normal street plowing and sanding that the City will perform.
When accumulated piles of snow in the business areas, around schools, churches and public buildings
indicate hazardous conditions, the Street Dept. begins loading and hauling to storage areas. Snow is
to be hauled for storage to 1) Huset Park East Quincy parking lot, 2) Huset Park East Jefferson lot,
and 3) Silver Lake Beach parking lot.
-9-
~agw Removal at Library
A. Parking Lot
The Library parking lot will be cleared in accordance with the priorities established in this
policy, the lot will be cleared in conjunction with the other municipal lots after snow plowing
has been completed on the streets, Police and Fire areas and the pump and lift station accesses.
B. Sidewalks
During the work week, Sewer & Water Department will remove snow and ice from the sidewalks
and entrances to the Library before the Library opens whenever possible. If necessary in the
afternoon, the sidewalk snow and ice removal will be dOne by personnel employed by the
Library under the School Work Program if available.
The W~ekead DuW Person will be responsible for clearing snow and ice from the sidewalks and
entrances before opening of the Library on Saturday mornings (currently 10:00 a.m.). Library
personnel are responsible for snow and ice clearing on Saturdays after opening and, if conditions
warrant, may call out the weekend duty person for assistance. In most cases, the School Work
Program employee will be responsible for clearing snow from the stairwells.
-10-
PLOWING/SANDING INFORMATION
1. 3" ACCUMULATION REQUIRED BEFORE SNOW EMERGENCY FULL CITY PLOWING
2. FIRST PRIORITY - MAIN DRAGS, ARTERIALS, AND RESIDENTIAL AREAS
ALLEY PLOWING:
· "TttRU-ALLEYS" PLOWED WITH "V" PLOW
· DEAD END ALLEYS PLOWED WITH PICK-UPS
AREAS ARE TO BE SANDED IN CONJUNCTION WITH PLOWING OPERATIONS -
OTHER SANDERS OUT AS PLOW OPERATORS FINISH.
EMERGENCY SANDING - 4 SANDERS OUT - 4 ON STREETS, ALLEYS TO BE
DONE AFTER STREETS ARE COMPLETED
· SNOW DEPTH 1" TO 3" - PLOW DRIVING LANES AND SAND
53RD AVENUE FROM UNIVERSITY TO CENTRAL: FRIDLEY PLOWS - COLUMBIA
HEIGHTS SANDS
STINSON BLVD. FROM 37TM TO 40TH: ST ANTHONY PLOWS = COLUMBIA HEIGHTS
SANDS
7. 37TH AVENUE MAINTENANCE:
MAIN STREET TO CENTRAL AVENUE (1999-2000) COLUMBIA HEIGHTS
CENTRAL AVENUE TO STINSON BLVD.(1999-2000) MINNEAPOLIS
(SEGMENTS ALTERNATE EACH YEAR)
CITY COUNCIL LETTER
Meeting of: December 13, 1999
AGENDA SECTION: Consent Agenda ORIGINATING DEPT.: CITY MANAGER
NO: Resolution 99-95 ~'[o j~- q Community Development, APPROVAL
NO:
DATE: November 12~ 1999
Issue Statement:
At the present time fees for construction on Municipal Buildings are waived administratively by the Building
Official. The only fees charged are the surcharges as required by the Minnesota Department of Administration,
Building Code Division. A more effective way of waiving fees would be by Resolution giving the City Manger
position authorization to waive fees but, only on City owned and/or occupied structures. It would be more correct
for the Council to appoint one position in Municipal Government to be authorized to waive these fees. A Formal
Resolution would record this action.
Recommended Motion:
Waive the reading of Resolution 99-95 there being ample copies available for the public.
Move to adopt Resolution 99-95, authorizing the City Manger to waive Building Permit Fees for Municipal
Projects on City owned and/or occupied structures.
COUNCIL ACTION:
RESOLUTION NO. 99-95
RESOLUTION OF ~ CITY COUNCIL FROM ~ CITY OF COLUMBIA I~F~IGHTS
AUTHORIZING ~ CITY MANAGER TO WAIVE BUILDING PERMIT FEES FOR
PROPERTIES OWNED BY ~ MUNICIPALITY
W-ltEREAS, the fees are included in the bid price,
WI~REAS, policy transfers revenues from one municipal depar~ent to another,
WI~REAS, in essence, the City is charging itself the fees.
FINDINGS OF FACT
Currently there is no written policy on the matter of charging and paying permit fees for City owned and
operated buildings. Due to the lack of policy, it is recommended that the City Manager be authorized to
make the decision on whether or not a permit fee is required for building permits issued to contractors
that have received contracts from the City to conduct work on municipal properties. It is advised that this
policy be confirmed by resolution.
Therefore, be it resolved staff concludes that charging the City permit fees for its own properties is not
the intent of Ordinance 1344 establishing permit fees. Through interpretation of the Minnesota State
Building Code by thc Building Official, this process is not the intent of the Building Code.
Waiving of the permit fees shall not be deemed to grant authorization for any work to be done in any
manner in violation of the provisions of the State Building Code or any other laws or ordinances of this
jurisdiction.
Order of Council
1. It is not the intent of Ordinance 1344 that the City charge itself building permit fees.
It is not the intent in the adoption of the Minnesota State Building Code that the City
charge itseffpermit fees.
Passed this
Offered by:
Seconded by:
Roll Call:
day of ,1999.
Mayor Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL J+ETTER
Meeting of: December 13~ 1999
AGENDA SECTION: Consent t4~ "% Community Development[ ---~o-~_ APPROVAL
Special Permit
NO: Case # 9912-37, 4849 University Avenue NE DATE: December 8, 1999
Issue Statement: U.S. West Wireless is requesting a Conditional Use Permit and Special Permit to construct an
approximately 90 foot tall monopole tower on the property at 4849 University Avenue NE.
Baclmronnd: U.S. West Wireless has entered into an option and lease with the property's landowner for 25 years. As
stated on the application, this site is needed to expand their coverage area and to aid in capacity relief.
Analysis: The subject property is zoned RB, Retail Business, and public utility structures are allowed as a Conditional
Use Permit in the RB District. The proposed location of the tower will meet all required yard and density requirements,
and parking minimum parking requirements for the site will be met. The Zoning Ordinance also states "heights in excess
of those allowed under this section shall be permitted only by a special permit granted by resolution of the Council
determining that such structure would not be dangerous and would not adversely affect the adjoining or adjacent
property". The maximum height for an antenna in the RB District is 52.5 feet, so a special permit is required. The tower
will be designed so that if it were to fall over it will break apart and collapse on top of itself rather than tipping over. Note
that guide-wires will not be used. It will also be engineered to withstand wind and ice loads as required by the Building
Code. Also, the monopole and equipment will be protected by eight bollards spaced at roughly 4-6 foot intervals, so
vehicles will not be able to run into the equipment or tower. The appearance of the tower will not be consistent with the
surrounding area, but it will be located in an area that is zoned commercially, and by enhancing PCS service it will
provide a valuable service to area residents. For these reasons, it is staff's opinion that the proposed monopole tower will
not be dangerous and will not adversely affect the adjoining or adjacent property.
Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on December 7, 1999.
They voted to recommend City Council approval of Resolution 99-97, which is a resolution approving a Conditional Use
Permit and Special Permit to allow the construction of an approximately 90 foot tall U.S. West monopole tower at 4849
University Avenue NE, subject to the following conditions listed: (1) All required state and local codes, permits, licenses
and inspections will be met and in full compliance; (2) Any addition of future antennas on the monopole will require a
separate Special Permit and Conditional Use Permit; (3) U.S. West shall remove the tower within one year after it is no
longer used or is deemed unusable. Note that these conditions are listed in the resolution.
Recommended Motions:
Move to waive the reading of Resolution 99-97, there being ample copies available to the public.
Move to adopt Resolution 99-97, a resolution approving a Conditional Use Permit and Special Permit to allow the
construction of an approximately 90 foot tall U.S. West Personal Communication Services Monopole tower at 4849
University Avenue NE.
Attachments:
COUNCIL ACTION:
RESOLIYrION 99-97
BEING A RESOLUTION OF Tl:lE COLUMBIA l:ll~lGHTS CITY COUNCIL APPROVING A
COlVOmONAL USE PERMIT AND SPE~ PE~ TO ALLOW ~ CONSTRUCTION
OF AN APPROXIMATELY 90 FOOT TALL US WEST PE1/.SONAL COMMUNICATION
SERVICES MONOPOLE TOWER AT 4849 UNIVERSITY AVENUE NE
WHEREAS, U.S, West has applied for a Special Permit and a Conditional Use Permit to
construct an approximately 90 foot tall Personal Communication Services monopole tower at 4849
University Avenue NE; and,
WHEREAS, Section 9.116(16)(a) of the Columbia Heights Zoning Ordinance states that
"heights.in excess of those allowed under this~section shall be permitted only by a SPecial permit granted
by resolution of the Council determining that such structure would not be dangerous and would not
adversely affect the adjoining or adjacent property"; and,
'~H~REAS, the subject property is currently zoned RB, Retail Business, and a Conditional Use
Permit is required for public utility structures in the lib District; and,
Wl~REAS, the Columbia Heights Planning and Zoning Commission has reviewed the proposal
and has recommended that the City Council approve the request subject to the following conditions: (1)
All required state and local codes, permits, licenses and inspections will be met and in full compliance;
(2) Any addition of future antennas on the monopole will require a separate Special Permit and
Conditional Use Permit; (3) U.S. West shall remove the tower within one year afo~r it is no longer used
or is deemed unusable; and,
WI~2.REAS, the City Council determines that the proposed Personal Communication Services
monopole tower will not be dangerous and will not adversely affect the adjoining or adjacent property.
NOW, THEREFORE BE IT RESOLVED THAT the Columbia Heights City Council hereby
approves the Special Pcmfit and Conditional Use Permit to allow the construction of an approximately
90 foot tall US West Personal Communication Services monopole tower at 4849 University Avenue NE,
subject to the following conditions: (1) All required state and local codes, permits, licenses and
inspections will be met and in full compliance; (2) Any addition of future antennas on the monopole will
require a separate Special Permit and Conditional Use Permit; (3) U.S. West shall remove the tower
within one year after it is no longer used or is deemed unusable.
PASSED THIS DAY OF , 1999.
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk
Case: 9912-37
Page: 1
Case #:
STAFF REPORT TO THE PLANNING AND ZONING COMMISSION
FOR ~ DECEMBER 7, 1999 PUSLIC HE~G
9912-37
GENERAL INFORMATION
Owner: Doug Proctor
Address: 4839 University Ave.
Columbia Heights, MN 55421
Phone: (612) 572-9175
Parcel Address: 4849 University Avenue NE
Zoning: RB, Retail Business
Comprehensive
Applicant:
US West Wifeless
429 N. Fairview Ave.
St. Paul, MN 55114
(651) 38%0059
Plan: C - Commercial, Potential Light Rail Transit Station
Surrounding Zoning
and Land Uses:
Zoning
North: RB
South: RB
East: R-2
West: City of Fridley
Land Use
North: Residential
South: Commercial
East: Residential
West: Residential
BACKGROUND
Explanation of Request:
This is a request for a Conditional Use Permit to construct an approximately 90 foot tall
monopole tower on the property at 4849 University Avenue NE. U.S. West Wireless has entered
into an option and lease with the property's landowner for 25 years. As stated on the application,
this site is needed to expand their coverage area and to aid in capacity relief. Please note that the
address of the subject property listed on the application is 4839 University Avenue NE.
Universal Auto Body is located at 4839 University Avenue NE, but the proposed location of the
monopole is at 4849 University Avenue which is currently used as a parking lot for Universal
Auto Body. Both parcels are under the same ownership.
Case Histo~_ :
There are no pertinent Planning and Zoning Commission cases on the property.
Case: 9912-37
Page: 2
ANALYSIS
Surrounding Proper(v_:
The surrounding property to the north and south is zoned RB, Retail Business, and the property
to the east is zoned R-2, Single and Two Family Residential. The property to the west is in the
City of Fridley and is used residentially. Residential is also the land use to the east and north,
while the adjacent property to the south is used commercially.
Technical Revi~v:
Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit
for pubhc utility structures in the RB Zoning district. Also, Section 9.116(16)(a) of the Zoning
Ordinance states "heights in excess of those allowed under this section shall be permitted only by
a special permit granted by resolution of the Council determining that such structure would not
be dangerous and would not adversely affect the adjoining or adjacent property".
Minimum Yard and Density Requirements are as follows:
· Lot Width shall be at least 50 feet - subject parcel is 60 feet wide;
· Lot Area shall be at least 6,000 square feet - subject parcel is 7,824 square feet;
· Front Yard Setback shall be 15 feet - the proposed monopole will be roughly 100 feet
back from.the front lot line which meets this requirement;
· There shall be at least one 10 foot side yard, the other side yard can be zero feet - the
equipment for the monopole will be approximately one foot off the southerly side lot line
and the monopole will be roughly 46 feet from the northerly side lot line;
· Rear Yard Setback shall be 30 feet - the proposed location of the monopole and
equipment will be 30 feet from the rear lot line;
· Need minimum frontage of 40 feet - subject parcel has 70 feet of frontage along the
University Avenue service road.
The Zoning Ordinance requires a minimum of four parking spaces plus one for each 800 square
feet of floor area over the first 1,000 square feet. The existing building for Universal Auto Body
is 5,838 square feet, so a total often parking spaces are required. There is room for ten parking
spaces in front of the existing building and fence without blocking access to the concrete drive
along the south side of the property and the gate to the fenced parking area (see attached sketch
prepared by staff). There is also room inside the fenced area for additional parking. The
monopole tower will not generate additional parking demand or traffic, so minimum parking
requirements will be met.
The Federal Aviation Administration and the Minnesota Department of Transportation are
required to be notified of any structure 200 feet above ground or more that could affect navigable
airspace. The proposed tower will be 84' 7" tall with a two foot lightning rod on top for a total of
86' 7", so this will not be necessary.
As mentioned above, Section 9.116(16)(a) of the Zoning Ordinance states "heights in excess of
those allowed under this section shall be permitted only by a special permit granted by resolution
Case: 9912-37
Page: 3
of the Council determining that such structure would not be dangerous and would not adversely
affect the adjoining or adjacent property". The maximum height for an antenna in the RB
District is 52.5 feet, so a special pemait is required (see attached resolution).
The tower will be designed so that if it were to fall over it will break apart and collapse on top of
itself rather than tipping over. Note that guide-wires will not be used. It will also be engineerd
to withstand wind and ice loads as required by the Building Code. Also, .the monopole and
equipment will be protected by eight bollards spaced at roughly 4-6 foot intervals, so vehicles
will not be able to run into the equipment or tower. The appearance of the tower will not be
consistent with the surrounding area, but it will be located in an area that is zoned commercially,
and by enhancing PCS service it will provide a valuable service to area residents. For these
reasons, it is staff's opinion that the proposed monopole tower will not be dangerous and will not
adversely affect the adjoining or adjacent property.
Compliance with (fi~_ Comprehensive Plan;
The Coltunbia Heights Comprehensive Plan designates this area for future commercial
development as well as a possible location for a future light rail transit station. As part of the
neighborhood protection policy, the Plan states that the City will work to protect the integrity and
long-term viability of its low-density residential neighborhoods and strive to reduce the potential
negative effects of nearby commercial development through zoning, site plan reviews, and Code
enforcement. The proposed use is a public utility use that will be constructed in a manner that
meets the minimum requirements of the Zoning Ordinance and Building Code.
The appearance of the proposed tower will not be consistent with the surrounding property, but it
is staff's opinion that it will not negatively impact the integrity and long-term viability of nearby
residential neighborhoods. Because minimum Zoning Ordinance and Building Code
requirements will be met, and because the tower will provide a valuable service to area residents,
the proposal complies with the intent of the City Comprehensive Plan.
Summa~_ :
The positive aspects of this proposal are as follows:
1. The proposal meets the minimum requirements of the Zoning Ordinance,
2. The monopole tower will enhance PCS service so it will provide a valuable service to
area residents.
The negative aspects of this proposal are as follows:
1'. The appearance of the tower will not be consistent with.surrounding land use.
CONCLUSION
Staff.Recommendation:
Staff recommends approval of the Conditional Use Permit to allow the construction of an
approximately 90 foot tall U.S. West monopole tower at 4849 University Avenue NE, subject to
Case: 9912-37
Page: 4
the conditions listed in the recommended motion.
Recommended Motion:
Move to recommend City Council approval of Resolution 99-97, which is a resolution approving
a Conditional Use Permit and Special Permit to allow the construction of an approximately 90
foot tall U.S. West monopole tower at 4849 University Avenue NE, subject to the following
conditions:
1. All required state and local codes, permits, licenses and inspections will be met and in
full compliance.
2. Any addition of future antennas on the monopole will require a separate Conditional Use
Permit.
Attachments:
· Completed application form; Area Map; Site Plan; Enlarged Site Plan; Elevation View;
Parking layout prepared by staff; Draft Resolution 99-97; and, Public Notice.
App~C~C£on For:
~ezon~ng
Var£ance
Privacy Fence
Coud£t~onal Use Perm£t
Subd£v~sLon Approval
S~te Plan Approval
O~her ·
RECEIVED
NnV ! 2 1999
COMMUNITY DEVELOPMEN'~
Legal Descr£pt~n of Subject' Proper~y, ~,'o~5 2-.~-~ ~-~ ['~[OC~
~0
Deacr~pt£on of ~equest~ T°
r~ o ~ o ~ol e_
Zon~nl~:
&ppl~cable C£ty Ordinance Number
Present Zon~n~ J~-~
Presen[ Use £;/~/~ (
Proposed Zon~n$
Proposed Uae p~ /~:V, ?,~t~ /
8. ~-~tb~ts Subn~tted (maps, d~a~rans, etc. )
O. &ck=.ovled~pnent and S~ture= ~e =derailed brew represents up~ all of ~e
action here~ requested, '~ a~ ,tatenents here~ are t~e ~d ~ all york here~
neutered w~l be done ~ accor~ce v~ ~Ord~ces o~ the C~ty o~ Col~b~a ae~th~s
Taken By: -.
U S WEST Wi~ie~ LL.C.
426 North Fa~rv~w. Room 10~
St. Paul. MN 551Na
November 12, 1999
Mr. Joe Hollman
Columbia Heights City Planner
590 40a Ave. NE
Columbia Heights, MN 55421-3878
Dear Mr. Hollman:
This letter serves to accompany our conditional use permit application to construct a
monopole at 4839 University Ave NE in Columbia Heights. We have entered into an
option and lease with the property's landowner for twenty-five years. We selected this
property based on its ability to fulfill our coverage objectives, its favorable commercial
zoning and its willing landlord.
Attached you will f'md drawings performed by our CAD operators that show the property
lines, existing structures and the property's parking lot. We have abided by all setback
requirements as set forth by the city. Also, as denoted on our drawings, eight bollards
and are designed to protect the monopole and equipment from inadvertent damage will
encompass the monopoles.
I would be happy to discuss this matter with you further or provide additional reformation
if it is deemed necessary. We are committed to providing wireless, digital service to the
community of Columbia Heights, but also working with the city to ensure that ali
involved parties are satisfied with the results. Thank you for your time and I l°°k
forward to hearing from you in the furore.
Sincerely,
RObert J. Viera
Real Estate Consultant
U S West Wireless
651.387.0059
Proud Sponsor
3lU$C310
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UNIVERITY AVENUE
(SERVICE ROAO)
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UNIVERII"Y AVENUE
(sERvicE ROAO)
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CITY OF COLUMBIA HEIGHTS
S90 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 5542 !-3878 (612) 782-2800 TDD 782-2806
PLANNING AND ZONINg COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council
Chambers of City Hail, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, December 7, 1999. The order of business
is as follows:
A request for a Conditional Use Permit for U.S. West Wireless to construct an approximately 90
foot tall monopole tower on the property at 4836 University Avenue. The subject property is
currently zoned RB, Retail Business. Section 9.113(2) of the Columbia Heights Zoning Ordinance
requires a Conditional Use Permit for public utility structures in the RB Zoning District; Also,
Section 9.116(16)(a) of the Zoning Ordinance states "heights in excess of those allowed under this
section shall be permitted only by a special permit granted by resolution of the Council determining
that such structure would not be dangerous and would not adversely affect the adjoining or
adjacent property".
Notice is hereby given that ali persons having an interest will be given.an opportunity to be heard. For questions, you
may contact Joe Hollman, City Planner, at 612-782-2856.
Planning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Walt Fehst
City Manager
kp
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 Colembia 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. (TDDI782-
2806 for deaf or hearing impaired only.)
THE CiTY OF COI..UM,SIA HEIGHT,S DOE,S NOT DI,SCRIMINATE ON THE ,SA,Si,S OF* DI,SABI!_ITY IN EMPI,OYMENT OR THE PR4 II,SION OF SERVICE,S
EQUAl- OPPORTUNITY E~MPI,OYER
CITY COUNCIL LETTER
Meeting of: December 13~ 1999
ORIGINATING DEPT.: ~ _ CITY MANAGER
AGENDA SECTION: Consent c.~, 0~ Community Developmentv- APPROVAL
ITEM: Conditional Use Permit BY: Joe Hollm~ B
NO: Case # 9912-38, 5060 Central Avenue NE DATE: December ~, 1999
lssu~ Statement: The applicant requests a Conditional Use Permit to allow a wine license at 5060 Central
Avenue NE. The applicant currently has a Conditional Use Permit to operate a restaurant in the building, but the
wine license will intensify the use which requires a separate Conditional Use Permit.
Backt~round: Case #8308-57 was a request for a Conditional Use Permit and Site Plan Review for the
construction of a Wendy's Restaurant on the site. This request was approved in September, 1983. The Wendy's
Restaurant site was developed at the same time as a Rax Restaurant which was constructed on the property to the
south (most recently Boston Market). Case #9706-17 was a request for a Conditional Use Permit to operate
Bascali's Restaurant which was approved in June, 1997, and Case #9905-18 was a request for a Conditional Use
Permit to open Udupi Caf6 in the building.
Analysis: The subject property is zoned RB, Retail Business, and restaurants/bars are allowed as a Conditional
Use Permit in the RB District. The existing property meets minimum yard, density, and parking requirements of
the Zoning Ordinance. Pertinent requirements for a wine license are as follows. Please note that the wine
license allows sales of wine as well as nonintoxicating 3.2 beer. (1) It must be in conjunction with a restaurant or
hotel and the proposed license will be in conjunction with Udupi Caf& (2) A wine license requires seating for no
less than 75 people and the floor plan indicates that there will be 84 seats. (3) 80% of the annual gross receipts
must result from the sale of food. (4) The restaurant must not be within 200 feet of the center of the main/front
door of a church nor within 300 feet of a school building, and the property is not within 200 feet of a church nor
within 300 feet of a school building.
Reeommendagion: The Planning and Zoning Commission held a Public Hearing for the request on December
7, 1999. They voted to recommend City Council approval of the Conditional Use Permit to allow a wine license
in the Retail Business Zoning District at 5060 Central Avenue NE, subject to the conditions listed in the
recommended motion.
Recommended Motion:
Move to approve the Conditional Use Permit to allow a wine license in the Retail Business Zoning District at
5060 Central Avenue NE, subject to the following conditions.
1. All required state and local codes, permits, and inspections including, but not limited to building permits,
fire code, and health department regulations will be met and in full compliance.
2. A minimum of 75 seats shall be maintained in the restaurant.
Attachments:
COUNCIL ACTION:
Case: 9912-38
Page: 1
Case #:
STAFF REPORT TO ~ PLANNING AND ZONING COMMISSION
FOR Ti~'E DECEMBER 7,1999 PUBLIC Il'EARING
9912-38
GENERAL INFORMATION
Owner: 5060 Central Avenue Partners
Address: 3510 North Shore Dr.
Wayzata, MN
Phone:
Parcel Address: 5060 Central Avenue NE
Zoning: R.B, Retail Business
Comprehensive Plan: C - Commercial
AppHcant:
Udupi Bahavan, Inc.
5060 Central Avenue NE
Columbia Heights, MN
(612) 937-3251
Surrounding Zoning
and Land Uses:
Zoning
North: RB
Land Use
North: Commercial
South: RB
South: Commercial
East.' KB
East: Commercial
West: R-2
West: Residential
BACKGROUND
Explanation of Request:
The applicant requests a Conditional Use Permit to allow a wine license at 5060 Central Avenue
NE. The applicant currently has a Conditional Use Permit to operate a restaurant in the building,
but the wine license will intensify the use which requires a separate Conditional Use Permit.
~a~e Histo~:
Case #8308-57 was a request for a Conditional Use Permit and Site Plan Review for the
construction of a Wendy's Restaurant on the site. This request was approved in September,
1983. The Wendy's Restaurant site was developed at the same time as a Rax Restaurant which
was constructed on the property to the south (most recently Boston Market). Case #9706-17 was
a request for a Conditional Use Permit to operate Bascali's RestaUrant which was approved in
June, 1997, and Case #9905-18 was a request for a Conditional Use Permit t° open Udupi Caf6
in the building.
Case: 9912-38
Page: 2
ANALYSIS
Surrounding ProperS_:
The surrounding property on the north, south, and east is zoned RB, Retail Business and is used
commercially. The property to the west is zoned R-2, Single and Two Family Residential and is
used residentially.
Technical Review:
According to Section 9.113(2) of the Zoning Ordinance, a Conditional Use Permit will be
required if the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets
subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments
are defined in Section 9.103(63).
Minimum Yard and Density Requirements in the RB zoning district are as follows:
· Lot Width shall be at least 50 feet - subject parcel is 165 feet wide;
· Lot Area shall be at least 6,000 square feet - subject parcel is 34,485 square feet;
· Front Yard Setback shall be 15 feet - existing structure meets this requirement;
· There shall be at least one 10 foot side yard, the other Side yard can be zero feet - the
existing building meets this requirement;
Rear Yard Setback shall be 30 feet - existing building meets this requirement;
The floor area ratio shall not exceed 1.0 - the property has a floor area ratio of
approximately .08, which meets this requirement;
· Need minirrlum frontage of 40 feet - subject parcel has 165 feet of frontage along Central
Avenue.
Parking requirements for a restaurant are at least one space for each three seats based on capacity
design. According to the floor plan, there are 84 seats in the restaurant which requires 28 parking
spaces. The site plan indicates that there are 45 parking spaces on-site, two of which are signed
and marked as handicap-accessible (one van accessible as required). Note that the existing
parking lot .meets minimum requirements of the Zoning Ordinance.
Solid waste material is required to be so located and fenced as to be removed from public view
and shall be kept in an enclosed building or properly contained in a closed container for such
purposes. There is a dumpster enclosure provided at the back of the site.
Pertinent requirements for a wine license are as follows. Please note that the wine license allows
sales of wine as well as nonintoxicating 3.2 beer.
1. It must be in conjunction with a restaurant or hotel. The proposed license will be in
conjunction with Udupi Caf6.
2. A wine license requires seating for no less than 75 people. The floor plan indicates that
there will be 84 seats.
3. 80% of the annual gross receipts must result from the sale of food.
4. The restaurant must not be within 200 feet of the center of the main/front door ora
church nor within 300 feet of a school building. The property is not within 200 feet of a
church nor within 300 feet of a school building.
Case: 9912-38
Page: 3
Compliance with Ci~_ Com_vrehensive Plan:
The City Comprehensive Plan designates this area for future Commercial development. One
goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the
Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan
promotes the rehabilitation of existing development land in the City. The proposal will not
negatively impact any nearby residential areas and will benefit an existing business, so the
proposal is consistent with the City Comprehensive Plan.
Summa~_ :
The positive aspects of this proposal are as follows:
1. The proposal is consistent with the City Comprehensive Plan and meets the minimum
requirements of the Columbia Heights Zoning Ordinance.
2. The wine license will enhance the business of an existing restaurant in Columbia Heights.
The negative aspects of this proposal are as follows:
1. There do not appear to be any negative aspects to this proposal.
CONCLUSION
Staff Recommcndation:
Staff recommends approval of the Conditional Use Permit to allow a wine license in the Retail
Business Zoning District at 5060 Central Avenue NE, subject to the conditions listed in the
recommended motion.
Recommqnded Motion:.
Move to recommend City Council approval of the Conditional Use Permit to allow a wine
license in the Retail Business Zoning District at 5060 Central Avenue NE, subject to the
following conditions.
1. All required state and local codes, permits, and inspections including, but not limited to
building permits, fire code, and health department regulations will be met and in full
compliance.
2. A minimum of 75 seats shall be maintained in the restaurant.
Attachments:
· Completed Application Form; Area Map; Existing Site Plan; Existing Floor Plan; and,.
Public Notice
CITY OF COLUMBIA HEIGHTS
&pp~cat£on :For:
Rezonln$
Var£ance
~r&vacy :Fence
Cond£tiona[ Use Pe=m£t
Subd£vision Approval
Site plan Approval
O~her
RECEIVED
NO¥ 1 b
COldMUNI~Y DEVF. LOPMEN'.
1. street Address of Subject Property:
2. Less1Descr~ptlono£ SubJectProperty;
5060 Central Avenue NE.
5. Deecrtpt~on of ~equest: Condltional Use Permit Review
Applicable City Ordinance Number ~/~
Present ZoninS ~-J~ ,
Present Use ~_(~-~ ~
Proposed Zoning
Proposed Use
7. ~eason for hqueIt:
To allow the additional sales of wine or beer
Acknovled~ent and Si~nature= The undersigned hereby represents up°n 811 of ~he
penalties o~ lae, ~or ~he purpoIe o£ inducing the C&ty o£ Columbia Het~htI to take ~he
action herein requested, ~hat all Itatements herein are true and ~hat all york herein
Iintioned ~:1 be done in accordance vith ~he Ordinances o~ the City o~ Co:umbia Heights
and r~he lays of the State of Hinnes~ca.
Taken
Book NESection 26
T
41~B S,Z,S"m ,IG~ llm
L.
~~ ^w
+
[:~'-,."t !"
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Tl~mm~ ~ CI~'~
CITY OF COLUMBIA HEIGHTS
590 ~H AVENUE N.;., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-28~ TDD 782-2806
PLANNING AND ZONING COMMISSION
NOTICE OF PUBUC HEARING
Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council
Chanters of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, December 7, 1999. The order of business
is as fallows:
A request for a Conditional Use Permit to allow a wine license at 5060 Central Avenue NE. The
subject property is zoned RB, Retail Business District. Section 9.113(2) of the Columbia Heights
Zoning Ordinance requires a Conditional Uss Permit for restaurants, cafes, tea rooms, taverns, and
bars in the RB District. The applicant currently has a Conditional Use Permit to operate a
restaurant in the building, but the wine license will intensify the use which requires a separate
Conditional Uss Permit.
Notice is hereby given that all persons having an interest will he given an opportunity to be heard. For questions, you
may contact Joe Hoilman, City Planner, at 612-782-2856.
Planning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Walt Fehst
City Manager
kp
The City of Colombia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to
allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities.
Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in
advance. Please call the City Council Secretary at 782-2800, extension 209, to make arrangements. (TDDI782-
2806 for deaf or hearing impaired only.)
]'HE CiTY OF ('~OLUMBIA HEi~GHTS OO~=S NOT DISCRIMINATE ON THE BASIS OF OISABILITY IN EMPLOYMENT OR THE PROVISION OP
CITY COUNCIL LETTER
Meetinll off December 13 1999
AGENDA SECTION: Consent ORIGINATING DEPT.: ~ CITY MANAGER
~ - I 0 Community Developm~;~t ? APPROVAL
ITEM: Conditional Use Permit and Variance BY: Joe Hollman~/~ BY: ~/~
NO: Case # 9912-39, 500 40e" Avenue NE DATE: December 8(1999
Issu~ Statement: This is a request for a Conditional Use Permit to operate a non'intoxicating 3.2 bar/restaurant at 500
40a Avenue NE. Also included is a request for a Conditional Use Permit to allow a dwelling unit in the second story of
the building. This is also a request for a variance from the number of off-street parking spaces required for the site. A
total of 15 off-street parking spaces are required, and five are provided which requires a variance of 10 parking spaces.
Backigronnd: Case 9906-2 lwas a request for a Conditional Use Permit to reopen the bar/restaurant which was approved
by the City Council. It is staff's understanding that the applicants for Case 9906-21 were unable to secure the necessary
funding to purchase and reopen the property. The original building was constructed in 1915 and an addition was
constructed in 1953. The footprint of the building is 1,288 square feet.
Anab/_ sis: The subject property is zoned RB, Retail Business, and restaurants/bars are allowed as a Conditional Use
Permit in the RB District. Dwelling units are also allowed in the Retail Business zoning district as a Conditional Use
Permit provided that: (1) The units do not occupy the first floor; and, (2) A roof intended for usable space shall be
enclosed by a wall or fence not less than five feet in height. Parking requirements for a bar/restaurant are at least one
space for each 3 seats, and a dwelling unit requires 2 parking spaces. Based on the seating plan, 44 seats will be provided
which requires 15 parking spaces. There is space along the rear of the building for 5 parking spaces, so the existing
property does not meet minimum parking requirements. In order for a variance to be granted, hardship needs to be
established. Because only five off-street parking spaces can be provided on the lot, and because the size of the existing
building demands more parking than can be provided, it is staff's opinion that the shape and size of the lot create a
hardship on which to base a variance approval. There is not enough room on the lot to provide an adequate amount of
parking to serve the existing building. The existing parking lot has been paved, but a parking layout has not been striped.
Staff will recommend as a condition of approval that the lot be striped in a manner that is consistent with zoning
regulations.
Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on December 7, 1999.
They voted to recommend City Council approval of parking variance and also the Conditional Use Permits, subject to the
conditions listed in the recommended motion.
Recommended Motions:
Move to approve the variance of 10 parking spaces at 500 40th Avenue NE because shape and size of the lot create a
hardship.
Move to approve the Conditional Use Permit to allow a nonintoxicating 3.2 bar and grill and a dwelling unit on the second
floor of the building at 500 40~ Avenue NE, subject to the following conditions:
1. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code,
and health department regulations will be met and in full compliance.
2. City Council approval of the 10 space parking variance.
3. At no time shall any space directly associated with the dwelling unit occupy the first floor of the building. This
shall include, but not be limited to, kitchens, restrooms, and bedrooms.
4. The parking lot shall be striped and signed in a manner that is consistent with applicable regulations.
5. All proposed signage must be submitted on the City prescribed application form and must fully comply with the
Zoning Ordinance.
Attachments:
I
COUNCIL ACTION:
Case: 9912-39
Page: 1
Case #:
STAFF REPORT TO THE PLANNING AND ZONING COMMISSION
FOR TgE DEC~M~R 7, 1999 PUBLIC tiEARING
9912-39
GENERAL INFORMATION
Applicant: same
Owner: A.C. Milan, LLC
Address: 3853 Central Avenue NE
Columbia Heights, MN 55421
Phone: (612) 781-9030
Parcel Address: 500 40~' Avenue NE
Zoning: RB, Retail Business
Comprehensive Plan: C - Commercial
Surrounding Zoning
and Land Uses:
Zoning
North: RB
South: RB
East: RB
West: RB
Land Use
North: Commercial
South: Multi-Family Residential
East: Commercial
West: Commercial ·
BACKGROUND
Explanation qf Request:
This is a request for a Conditional Use Permit to operate a nonintoxicating 3.2 bar/restaurant at
500 40~ Avenue NE.. Also included is a request for a Conditional Use Permit to .allow a dwelling
unit in the second story of the building. This is also a request for a variance from the number of
off-street parking spaces required for the site. A total of 15 off-street parking spaces are
required, and five are provided which requires a variance of 10 parking spaces.
Ca~e History:
Case 9906-21was a request for a Conditional Use Permit to reopen the bar/restaurant which was
approved by the City Council. It is staff's understanding that the applicants for Case 9906-21
were unable to secure the necessary funding to purchase and reopen the property. The original
building was constructed in 1915 and an addition was constructed in 1953. The footprint of the
Case: 9912-39
Page: 2
building is 1,288 square feet.
ANALYSIS
Surrounding Property:
The surrounding property in all four directions is zoned RB, Retail Business. Land use on the
north, east, and west is commercial, and the property to the south is a nonconforming multi-
family residential building.
Technical Review:
According to Section 9.113(2) of the Zoning Ordinance, a Conditional Use Permit will be
required if the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets
subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments
are defined in Section 9.103(63).
The applicant is not proposing any physical changes to the site, or exterior structural changes to
the building. The Building Official will require a one hour separation between the business
space and the residential space, and any improvements are subject to review and approval by the
Building Official, Fire Department, and Anoka County Health Department.
Section 9.113(2) of the Zoning Ordinance allows dwelling units in the Retail Business zoning
district as a Conditional Use Permit provided that:
1. The units do not occupy the first floor; and,
2. A roof intended for usable space shall be enclosed by a wall or fence not less than five
feet in height.
The applicant proposes to utilize the second story of the building for the apartment and does not
intend to utilize the roof. The proposal meets the two conditions established in the Zoning
Ordinance. The apartment will contain two bedrooms, one bathroom, living mom, a family
room, and a kitchen all on the second floor. The total living space will be roughly 1,288 square
feet.
Minimum yard and density requirements in the RB District are as follows:
* Every lot shall have a minimum frontage of 40 feet - the existing property has roughly 50
feet of frontage along 40a Avenue which meets this requirement;
. Front Yard shall be 1-5 feet - existing building is roughly two feet offthe front property
line which does not meet this requirement;
· The floor area ratio shall not exceed 1.0 - the subject property has a floor area ratio of
approximately .8 which meets this requirement;
· A building which is not served by an alley shall have one 10 foot side yard - the existing
building meets this requirement as the east half of the lot is vacant of any structure; and,
· No building shall be erected within 10 feet of any alley - there is no rear alley.
The existing building does not meet the front yard setback requirement of the Zoning Ordinance.
However, considering that it was constructed in 1915 prior to the adoption of zoning regulations,
Case: 9912-39
Page: 3
it is considered legally nonconforming and can continue to be utilized without variances. Note
that if the building were damaged to an extent that is 50% or more of its fair market value the
reconstruction would need to be in compliance with applicable regulations.
Parking requirements for a bar/restaurant are at least one space for each 3 seats or one space for
each 35 square feet of floor area if there is not a seating layout, and a dwelling unit requires 2
parking spaces. Please note that at the time the public notice was prepared staff had not seen a
seating layout, so the notice stated that a total of 18 parking spaces are required (15 for the
bar/restaurant and 2 for the dwelling unit). Staff did receive a seating plan (attached) on
December 2, 1999. Based on that plan, 44 seats will be provided which requires 15 parking
spaces. There is space along the rear of the building for 5 parking spaces, so the existing
property does not meet minimum parking requirements.
Section 9.105(3)(d) states the following: "In recommending a variance, it shall be found that by
reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography,
soil conditions, tree number or location or water conditions the owner of such lot would have an
undue hardship in using his lot in a manner customary and legally permissible within the rules of
the zoning district." In order for a variance to be granted, hardship needs to be established.
Section 9.104(3) states that whenever a nonconforming use of a structure or land is discontinued
for a period of six months, any future use shall be in conformity with the Ordinance. The subject
property has been vacant for over six months, so a variance fi~om the parking requirements will
be needed to reopen a bar/restaurant in the building. Please note that a parking variance would
be required for other potential uses for the building. For example, if the first floor were -
converted to office space and the upstairs remained a dwelling unit, a total of eight parking
spaces would be needed. As mentioned above there is only enough room on the lot for five
parking spaces so a variance would be also be needed if the first floor were converted to office,
although the parking demand is less for an office than for a bar/restaurant.
Because only five off-street parking spaces can be provided on the lot, and because the size of
the existing building demands more parking than can be provided, it is staff's opinion that the
shape and size of the lot create a hardship on which to base a variance approval. There is not
enough room on the lot to provide an adequate amount of parking to serve the existing building.
The existing parking lot has been paved; but a parking layout has not been striped. Staffwill
recommend as a condition of approval that the lot be striped in a manner that is consistent with
zoning regulations. Parking spaces will need to be 9 feet wide by 20 feet in length, and a 5 foot
separation and bumper curbs between the building and the spaces shall be provided. One of
these spaces will need to be a van accessible handicap parking space which is appropriately
signed and marked. Note that there is roughly 44 feet between the rear of the building and the
back property line which leaves enough space for the parking spaces, five foot separation, and a
drive aisle (see attached site plan prepared by staff).
Staffhas not seen any information pertaining to signage. Any signage will need to comply with
Case: 9912-39
Page: 4
the Columbia Heights Zoning Ordinance.
is 46 square feet.
The maximum mount of signage allowed on the site
Comvliance with Ci_tv Comprehensive Plan:
The City Comprehensive Plan designates this area for future commercial development. One
goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the
Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan
promotes the rehabilitation of existing development land in the City. The proposal will not
negatively impact any nearby residential areas and will provide an appropriate reuse of an
existing building, so the proposal is consistent with the City Comprehensive Plan.
Utilizing the second story of the building as a dwelling unit does not impact the goals and
objectives of the existing Comprehensive Plan. Although, encouraging mixed-used development
has been discussed during the current Plan update process. This proposal is consistent with that
philosophy, but nothing has been formally adopted to date. Also, the Minnesota Design Team
has recommended that the City encourage apartments over retail as an ongoing activity. This
proposal is consistent with that recommendation.
Summa~_ :
The positive aspects of this proposal are as follows:
1. The proposal is consistent with the intent of the City Comprehensive Plan.
2. Reopening the nonintoxicating 3.2 bar/restaurant will provide an appropriate reuse of the
building.
The negative aspects of this proposal are as follows:
1. The existing parking on the site is inadequate to support the use of the building, so
overflow parking will occur on-street.
CONCLUSION
Staff Recommendation:
St~-ffrecommends approval of the Conditional Use Permit to allow the operation of a
nonintoxicating 3.2 bar and grill and to allow a dwelling unit on the second floor of the building
at 500 40~ Avenue NE, subject to the conditions listed in the recommended motion. Staff also
recommends approval of the parking variance because shape and size of the lot create a hardship.
Recommended Motions:
Move to recommend City Council approval of the variance of 10 parking spaceS at 500 40t~
Avenue NE because shape and size of the lot create a hardship.
Move to recommend City Council approval of the Conditional Use Permit to allow a
nonintoxicating 3.2 bar and grill and a dwelling unit on the second floor of the building at 500
40o' Avenue NE, subject to the following conditions:
Case: 9912-39
Page: 5
1.
o
All required state and local codes, permits, and inspections including, but not limited to
building permits, fire code, and health department regulations will be met and in full
compliance.
City Council approval of the 10 space parking variance.
At no time shall any space directly associated with the dwelling unit occupy the first floor
of the building. This shall include, but not be limited to, kitchens, resla'ooms, and
bedrooms.
The parking lot shall be striped and signed in a manner that is consistent with applicable
regulations.
All proposed signage must be submitted on the City prescribed application form and must
tally comply with the Zoning Ordinance.
Attachments:
· Completed application £orm; Area Map; Floor Plans; Site Plan prepared by staff; and
Public Notice
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CITY OF COLUMBIA HEIGHTS
590,40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806
PI. AA~IVIN6 A/ID ZOI~Ii~6
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council
Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, December 7, 1999. The order of business
is as follows:.
A request for a Conditional Uso Permit to operate a non-intoxicating 3.2 bar/restaurant at 500 N.E.
40~ Avenue. The subject property is zoned RB, Retail Business District. Section 9.113(2) of the
Columbia Heiohts Zoning Ordinance requires a Conditional Use Permit for restaurants, cafes, tea
rooms, taverns, and bars in the RB District. Also included is a request to allow a dwelling unit in
the second floor of the building. Section 9.113(2) of the Zoning Ordinance requires a Conditional
Use Permit for dwelling units in the RB District, provided that the dwelling unit does not occupy
the first floor and that a roof intended for usable space shall be enclosed.
This is also a request for a variance from the number of off-street parking spaces required for the
· site. Section 9.116(4) of the Zoning Ordinance requires one parking space for each 35 square feet
of floor area for a bar/restaurant and a minimum of two spaces for a dwelling unit, so a total of 18
off-street parking spaces are required. Five off-street parking spaces are provided which requires a
variance of 13 parking spaces.
Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you
may contact Joe Hollman, City Planner, at 612-782-2858.
Planning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Walt Fehst
City Manager
kp
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 aH City of Colombia Heights' services, programs and activities.
Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in
advance. Please call the City Council Secretary at 782-2800, extension 209, to make arrangements. (TDD/782-
2806 for deaf or hearing impaired only.)
THE CITY OF COLUMBIA ~'4EIGHT$ DOES NOT OISCRIMINATE ON THE mASI$ OF' OISAOILIT¥ IN EMpLOYMI='NT OR THE PROVISION OF $ItRVICE$
EQUAL OPPORTUNITY I~MPI. OYER
CITY COUNCIL LETTER
Meetinll of: December 13. 1999
ORIGINATING DEPT.: ~'~ CITY MANAGER
AGENDA SECTION: Consent 1-} - [ [ Community Development [- APPROVAL
ITEM: Conditional Use Permit BY: JoeHollman~19~9 BY:~//~~~
NO: Case # 9912-40, 4757 Central Avenue NE DATE: December
Issu, Statement: This is a request for a Conditional Use Permit to open a day care center in a )ortion of the building at
4757 Central Avenue NE. The proposal also includes a 1,500 square foot outdoor fenced play area which will be located
off the east side of the building and will encroach into the existing parking lot resulting in the loss of three parking spaces.
2,689 square feet of the space will be utilized for an occupant load of 73.
B,aclmround: Case 9806-26 was a request for site plan approval and a Conditional Use Permit to open a combination
Subway Restaurant and TCBY in the former Peaking Palace Restaurant at 4757 Central Avenue NE. Case 9807 was a
request for a variance to allow parking in the front yard in the RB, Retail Business District at 4757 Central Avenue NE
which was approved by the City Council.
Analysis: The subject property is zoned RB, Retail Business, and day care centers are allowed as a Conditional Use
Permit in the RB District. The subject property meets minimum yard and density requirements. The Zoning Ordinance
does not specifically address parking requirements for a day care, so parking requirements for the most similar use need to
be applied which appears to be an elementary school. An elementary school requires at least one parking space for each
classroom, plus one additional space for each 300 student capacity. A total of four parking spaces are required for the day
care center. There are 64 total parking spaces on the site and three handicap accessible parking spaces indicated near the
southwest corner of the building. The Subway/TCBY requires 25 total parking spaces, so there will be ample parking on
the site to meet minimum requirements. The proposed 1,500 square foot playground will encroach into the existing
parking lot and a total of three parking spaces will be lost as a result. Those three spaces are currently isolated from the
remainder of the parking lot so traffic circulation will not be impacted. However, staffwill recommend as a condition of
approval that the playground be surrounded by a curb or bollards to further protect the area from vehicle traffic. The
playground will be surrounded by a four foot high vinyl coated chain link fence. Much of the traffic generated by this
facility will be parents driving in and parking temporarily to drop offand pick up their children. Because of this, staff will
recommend as a condition of approval that the two parking spaces immediately in front of the public entrance to the day
care center be clearly marked and identified as parking for the day care center.
Recommendation: The Planning and Zoning Commission held a Pubhc Hearing for the request on December 7, 1999.
They voted to recommend City Council approval of the Conditional Use Permit, subject to the conditions listed in the
recommended motion.
Re~mmended Motions:
Move to approve the Conditional Use Permit to allow the operation of a day care center at 4757 Central Avenue NE,
subject to the following conditions:
1. All required state and local codes, permits, licenses and inspections will be met and in full compliance.
2. All proposed signage must be submitted on the City prescribed application form and must fully comply with the
Zoning Ordinance.
3. Thc two parking spaces immediately in front of the public entrance to the day care center be clearly marked and
identified as parking for the day care center.
4. A curb or bollards shall be installed around the playground to protect it from vehicle traffic.
Attachments:
COUNCIL ACTION:
Case: 9912-40
Page: 1
Case #:
STAFF REPORT TO THE PLANNING A_ND ZONING COMMISSION
9912-40
FOR ~ D~C~M~ER 7, 1999 PUBLIC HEAR~G
GENERAL INFORMATION
Owner: Larry MacDonald
Address: 2503 Central Avenue NE
Minneapolis, MN 55318
Phone: (612) 789-4989
Parcel Address: 4757 Central Avenue NE
Zoning: RB, Retail Business
Comprehensive Plan: C - Commercial
Applicant:
Marjorie Kielkopf
967 Fremont Ave.
St. Paul, MN 55106
(651) 793-0564
Surrounding Zoning
and Land Uses:
Zoning
North: RB
South: RB
East: RB
West: City of Hilltop
Land Use
North: Commercial
South: Commercial
East: Commercial
West: Commercial
BACKGROUND
Explanation qf Request:
This is a request for a Conditional Use Permit to open a day care center in a portion of the
building at 4757 Central Avenue NE. The proposal also includes a 1,500 square foot outdoor
fenced play area which will be located offthe east side of the building and will encroach into the
existing parking lot resulting in the loss of three parking spaces. 2,689 square feet of the space
will be utilized for an occupant load of 73.
C.a~e History:
Case 9806-26 was a request for site plan approval and a Conditional Use Permit to open a
combination Subway Restaurant and TCBY in the former Peaking Palace Restaurant at 4757
Central Avenue NE. Case 9807 was a request for a variance to allow parking in the front yard in
the RB, Retail Business District at 4757 Central Avenue NE which was approved by the City
Council.
Case: 9912-40
Page: 2
ANALYSIS
Surrounding Pro_~ertv:
The surrounding property on the north, south and east is zoned RB, Retail Business and is used
commercially. The property to thc west is in the City of Hilltop and is used commercially.
Technical Review:
Thc subject property is zoned RB, Retail Business District, and Section 9.113(2) of thc Columbia
Heights Zoning Ordinance requires a Conditional Use Permit for day care centers in the RB
District. Minimum Yard and Density Requirements are as follows:
· Lot Width shall be at least 50 feet - subject parcel is approximately 163 feet wide;
· Lot Area shall be at least 6,000 square feet - subject parcel is 47,713 square feet;
· Front Yard Setback shall be 15 feet - existing structure exceeds this requirement;
· There shall be at least one 10 foot side yard, the other side yard can be zero feet -
property has one side yard of about 4.4 feet and the other exceeds the 10 foot
requirement;
· Rear Yard Setback shall be 10 feet - existing building exceeds this requirement;
· The floor area ratio shall not exceed 1.0 - the property has a floor area ratio of
approximately. 1, which exceeds this requirement;
· Need minimum frontage of 40 feet - subject parcel has roughly 163 feet of frontage along
Central Avenue.
The Zoning Ordinance does not specifically address parking requirements for a day care, so
parking requirements for the most similar use need to be applied which appears to be an
elementary school. An elementary school requires at least one parking space for each classroom,
plus one additional space for each 300 student capacity. There will be one area of 1,050 square
feet which will be used by preschool. A second area of 994 square feet will be used by 28
toddlers. There will also be one office of approximately 150 square feet. Note that office space
requires one parking space for each 200 square feet of floor area.
A total of four parking spaces are required for the day care center. There are 64 total parking
spaces on the site and three handicap accessible parking spaces indicated near the southwest
comer of the building. The Subway/TCBY requires 25 total parking spaces. Considering that
three spaces will be removed and 25 arc required for Subway/TCBY, a total of 36 spaces are left
for the day care center which meets minimum parking requirements.
The proposed 1,500 square foot playground will encroach into thc existing parking lot and a total
of three parking spaces will be lost as a result. Those three spaces are currently isolated from the
remainder of the parking lot so traffic circulation will not be impacted. However, staff will
recommend as a condition of approval that the playground be surrounded by a curb or bollards
to further protect the area from vehicle traffic. The playground will be surrounded by a four foot
high vinyl coated chain link fence. Please note that the playground has not been designed at this
point, but the surface will be a combination of sod, possible wood chips, and a hard surface are
Case: 9912-40
Page: 3
for handicap access.
Also, additional lighting is not planned.
Much of the traffic generated by this facility will be parents driving in and parking temporarily to
drop offand pick up their children. Because of this, staffwill recommend as a condition of
approval that the two parking spaces immediately in front of the public entrance to the day care
center be clearly marked and identified as parking for the day care center.
The City is currently engaged in a planning process for a Master Redevelopment Plan for
Downtown Columbia Heights. As part of this process, a market analysis was prepared by
representatives from Colliers Towle Real Estate. Their research and analysis indicates that any
successful new development in Columbia Heights will likely be in the form of smaller-scale
retail, service and/or office products, possibly mixed with smaller-scale low, medium or even
high density residential uses. The report listed a day care center as a possible commercial use for
the area. Also, according to the Southern Anoka County Consortium, Anoka County has a
shortage of available day care. The proposed facility is not in downtown Columbia Heights, but
as indicated by the Southern Anoka County Consortium, there is a demand for day care
throughout Anoka County.
(~ompliance with Ci~ Comprehensive Plan:
The City Comprehensive Plan designates this area for future Commercial development. One of
the goals of the Land Use and Redevelopment component of the Plan states "Improve the
commercial viability of the Central Avenue Corridor while protecting nearby residential
neighborhoods." The Plan does not specifically address day care in any goals and objectives, but
service businesses are encouraged. The addition of a day care center in Columbia Heights will
provide a valuable service to the area. The proposal is consistent with the City Comprehensive
Plan.
Summary:
The positive aspects of this proposal are as follows:
1. The proposal is consistent with the City Comprehensive Plan and minimum requirements
of the Zoning Ordinance are being met.
2. The addition of a day care center in Columbia Heights will provide a valuable service to
the area.
The negative aspects of this proposal are as follows:
1. There does not appear to be any negative aspects.
CONCLUSION
Staff Recommcndation:
St~f reconunends approval of the Conditional Use Permit to allow a day care center in the Retail
Business District, subject to the conditions listed in the recommended motion.
Case: 9912-40
Page: 4
Recommended Motion:
Move to recommend City Council approval of the Conditional Use Permit to allow the operation
of a day care center at 4757 Central Avenue NE, subject to the following conditions:
1. All required state and local codes, permits, licenses and inspections will be met and in
full compliance.
2. All proposed signage must be submitted on the City prescribed application form and must
fully comply with the Zoning Ordinance.
3. The two parking spaces immediately in front of the public entrance to the day care center
be clearly marked and identified as parking for the day care center.
4. A curb or bollards shall be installed around the playground to protect it from vehicle
traffic.
Attachments:
· Completed application form; Site Plan; Floor Plan; and Public Notice
~ ~-~--t~..~ ! ! :.:~A~I ~'i. il.}~ C.,OMM,,N1TY OlEv. - CH 612782285'7
CITY OF COLI3~I;A REI:(~R~$
V&r~snce
¢onditiouLL Ute ~eruit
6. ZoninE:
l'z'seenC Zof~!ue_' ~ .., Pz:oposed Zoninpl --" · ,.
icknovledtmenc end SifrmCure~ The undere/sned hereby ~ref~ta u~ all of ~e.
herein requested, the all stste~ts here~ a~ t~e ~d ~ all vo~ here~
utncined vtl~ be d~e h acco~ce vi~h ~e Ord~ces of cbs C/~y of Columbia
T~en By:
CiTY Of COLUMBIA HEIGHTS
590 4~H AVENUE N.E., COLUMBIA HEIGHTS, MN 5542 !-3878 (612) 782-28~ TDD 782-2806
PZANNIN$ AND ZONING COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council
Chambers of City Hail, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, December 7, 1999. The order of business
is as follows:
A request for a Conditional Use Permit to open a day care center in a portion of the building at
4757 Central Avenue NE. The proposal also includes a 1,500 square foot outdoor fenced play area
which will be located off the east side of the building and will encroach into the existing parking lot
resulting in the loss of three parking spaces. The subject property is zoned RB, Retail Business
District. Section 9.113(2) of the Columbia Xeights Zoning Ordinance requires a Conditional Use
Permit for day care centers in the RB District.
Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you
may contact Joe Hoiiman, City Planner, at 612-782-2856.
Planning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Walt Fehst
City Manager
kp
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to
allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities.
Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in
advance. Please call the City Council Secretary at 782-2800, extension 209, to make arrangements. (TDDI782-
2806 for deaf or hearing impaired only.)
THE (~ITY OF' (~OLUMBIA HEIGHTS DOES NOT DISCRIMINATE: ON THE BASIS OF' DISABILITY IN ;'~,IPLOYMENT OR THE PROVISION OF' SE:RVICE$
I~QUAL OPPORTUNITY E".MPI. OYE:R
CITY COUNCIL LETTER
Meeting: of: December 13 1999
Consent ORIGINATING DEPT.: f~]~ --~ CITY MANAGER
AGENDA
SECTION:
I.{ _- I '2., Community Development,~-~,u ,~, · APPROVAL
ITEM: Resolution 99-98, Conditional Use Permit andspecial Permit BY: Joe Hollman~~
NO: Case # 9912-41, 3989 Central Avenue NE DATE: December 8, 1999
Issue Statement: Loucks and Associates on behalf of Sprint is requesting a Special Permit and a Conditional Use Permit
to attach Sprint wireless telephone antennas to the roof of the Columbia Heights Business Center at 3989 Central Avenue
NE (Northeast State Bank Building).
Bacl~ round: A total of six panel antennas will be initially placed on the building (four on the building roof and two on
the penthouse). As their system capacity increases an additional six antennas are possible in the future. The antennas
which are roughly 64" high x 6" wide x 2" deep will be attached by ballast mounts. In addition to the antennas, base
station equipment will also be installed which is used to link the antennas to the telephone network. This equipment
includes three cabinets which are roughly 72" high x 42" wide x 30" deep. Case 9802-16 was a request by U.S. West
Communications for a Special Permit and Conditional Use Permit to install a personal communication system antenna on
the roof of the building. This request consisted of the installation of three skids with two antennas per skid as well as an
equipment platform (see attached plan). Similar requests have been approved on the water tower on Stinson Blvd. for
Sprint and on Parkview Villa North for American Portable Telecom (APT).
Analysis: The subject property is zoned CBD, Central Business District, and public utility structures are allowed as a
Conditional Use Permit in the CBD. The proposed location of the tower will meet all required yard and density
requirements, and parking minimum parking requirements for the site will be met. Also, Section 9.116(16)(a) of the
Zoning Ordinance states "heights in excess of those allowed under this section shall be permitted only by a special permit
granted by resolution of the Council determining that such structure would not be dangerous and would not adversely
affect the adjoining or adjacent property" (see attached resolution). The tower will be engineered to withstand wind and
ice loads as required by the Building Code. Also, the roof must be capable of carrying any increased weight bearing as a
result of the installation of the proposed equipment. Aesthetically, the rooftop antennas may not blend with the building
facade, but it will be located in an area that is zoned commercially, and by enhancing service it will provide a valuable
service to area residents. Also, the antennas will not generate a need for additional parking or increase traffic flow in the
area. For these reasons, it is staff's opinion that the proposed antennas will not be dangerous and will not adversely affect
the adjoining or adjacent property.
Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on December 7, 1999.
They voted to recommend City Council approval of Resolution 99-98, which is a resolution approving a Conditional Use
Permit and Special Permit to allow the installation of Sprint wireless telephone antennas to the Columbia Heights
Business Center at 3989 Central Avenue NE, subject to the following conditions: (1) All required state and local codes,
permits, licenses and inspections will be met and in full compliance; (2) the installation of additional ballast mounts will
require a separate Special Permit and Conditional Use Permit; (3) The antennas shall be designed in a manner that blends
in with the building and surrounding uses. Note that these conditions are listed in the resolution.
Recommended Motions:
Move to waive the reading of Resolution 99-98, there being ample copies available to the public.
Move to adopt Resolution 99-98, a resolution approving a Conditional Use Permit and Special Permit to allow the
installation of Sprint wireless telephone antennas to the Columbia Heights Business Center at 3989 Central Avenue NE.
Attachments:
COUNCIL ACTION:
RESOLUTION 99-98
BEING A RESOLUTION OF ~ COLUMBIA I~EIGHTS CITY COUNCIL APPROVING A
CONDmONAL USE PERMIT AND SPECIAL PERMIT TO ALLOW TI~E INSTALLATION
OF SPRINT WIRELESS TELEPHONE ANTENNAS TO Title COLUMBIA I~IGHTS
BUSINESS CENTER AT 3989 CENTRAL AVENUE NE
WHEREAS, Loucks and Associates on behalf of Sprint has applied for a Special Permit and a
Conditional Use Permit to install Sprint wireless telephone antennas to the Columbia Heights Business
Center at 3989 Central Avenue NE; and,
WHEREAS, Section 9.116(16)(a) of the Columbia Heights Zoning Ordinance states that
"heights in excess of those allowed under this section shall be permitted only by a special permit granted
by resolution of the Council determining that such structure would not be' dangerOus and would not
adversely affect the adjoining or adjacent property"; and,
WHEREAS, the subject property is currently zoned CBD, Central Business District, and a
Conditional Use Permit is required for public utility structures in the CBD; and,
WHEREAS, the Columbia Heights Planning and Zoning Commission has reviewed the proposal
and has recommended that the City Council approve the request subject to the following conditions: (1)
All required state and local codes, permits, licenses and inspections will be met and in full compliance;
(2) The installation of additional ballast mounts in the future will require a separate Special Permit and
Conditional Use Peiiifit; (3) The antennas shall be designed in a manner'that blends in with the building
and surrounding uses; and,
WHEREAS, the City Council determines that thc proposed Sprint wireless telephone antennas
will not be dangerous and will not adversely affect the adjoining or adjacent property.
NOW, TI~qe~REFORE BE IT RESOLVED THAT the Columbia Heights City Council hereby
approves the Special Permit and Conditional Use Permit to allow the installation of Sprint wireless
telephone antennas to the Columbia Heights Business Center at 3989 Central Avenue NE, subject to the
following conditions: (1) All required state and local codes, permits, licenses and inspections will be
met and in full compliance; (2) The installation of additional ballast mounts in the future will require a
separate Special Permit and Conditional Use Permit; (3) The antennas shall be designed in a manner
that blends in with the building and surrounding uses.
PASSED THIS DAY OF ,1999 .
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk
Case: 9912-41
Page: 1
Case #:
Owner:
Address:
Phone:
STAFF REPORT TO THE PLANNING AND ZONING COMMISSION
FOR THE DECEMBER 7, 1999 PUBLIC HEARING
9912-41
GENERAL INFORMATION
Lake States Property
3989 Central Avenue NE
Columbia Heights, MN 55421
(612) 781-6352
Parcel Address: 3989 Central Avenue NE
Applicant:
Zoning: CBD, Central Business District
Comprehensive Plan: C - Commercial
Loucks & Associates, Inc.
7200 Hemlock Lane
Maple Grove, MN 55369
(651) 424-5505
Surrounding Zoning
and Land Uses:
Zoning
North: CBD
South: CBD
East: CBD
West: CBD
Land Use
North: Commercial
South: Commercial
East: Parking Ramp
West: Commercial
BACKGROUND
Explanation of Request:
Loucks and Associates on behalf of Sprint is requesting a Special Permit and a Conditional Use
Permit to attach Sprint wireless telephone antennas to the roof of the Columbia Hei.ghts Business
Center at 3989 Central Avenue NE (Northeast State Bank Building). A total of six panel
antennas will be initially placed on the building (four on the building roof and two on the
penthouse). As their system capacity increases an additional six antennas are possible in the
future. The antennas which are roughly 64" high x 6" wide x 2" deep will be attached by ballast
mounts. In addition to the antennas, base station equipment will also be installed which is used
to link the antennas to the telephone network. This equipment includes three cabinets which are
roughly 72" high x 42" wide x 30" deep.
Case Histo~_ :
Case 9802-16 was a request by U.S. West Communications for a Special Permit and Conditional
Use Permit to install a personal communication system antenna on the roof of the bUilding. This
request consisted of the installation of three skids with two antennas per skid as well as an
Case: 9912-41
Page: 2
equipment platform (see attached plan). Similar requests have been approved on the water
tower on Stinson Blvd. for Sprint and on Parkview Villa North for American Portable Telecom
ANALYSIS
Surrounding Pro_verty :
The surrounding property in all four directions is zoned CBD, Central Business District. The
property to the north, south, and west is used commercially, and the property to the east is used
for a public parking ramp.
Technical Review:
The subject property is zoned CBD, Central Business District, and Section 9.112(2) of the
Columbia Heights Zoning Ordinance requires a Conditional Use Permit for public utility
structures in the CBD zoning district. Also, Section 9.116(16)(a) of the Zoning Ordinance states
"heights in excess of those allowed under this section shall be permitted ordy by a special permit
granted by resolution of the Council detexmining that such structure would not be dangerous and
would not adversely affect the adjoining or adjacent property" (see attached resolution).
The tower will be engineered to withstand wind and ice loads as required by the Building Code.
Also, the roof must be capable of carrying any increased weight beating as a result of the
installation of the proposed equipment. Aesthetically, the rooftop antennas may not blend with
the building facade, but it will be located in an area that is zoned commercially, and by
enhancing service it will provide a valuable service to area residents. Also, the antennas will not
generate a need for additional parking or increase traffic flow in the area. For these reasons, it is
staff's opinion that the proposed antennas will not be dangerous and will not adversely affect the
adjoining or adjacent property.
Minimum Yard and Density Requirements are listed below.
· The floor area ratio shall not exceed 6.0. Floor area ratio is defined as the numerical
value obtained through dividing the gross floor area of a building or buildings by the lot
area on which such building or buildings are located. The proposed antennas will not
impact the floor area ratio.
· Every lot shall have a minimum frontage of 20 feet. The subject parcel greatly exceeds
this requirement.
· Front Yard shall be one foot. The existing building and proposed antennas meet this
requirement.
The Federal Aviation Administration and the Minnesota Department of Transportation are
required to be notified of any structure 200 feet above ground or more that could affect navigable
airspace. The elevation of the highest antenna will be roughlY 94 feet above grade, so this will
not be necessary.
Compliance ~vith Ci~ Comprehensive Plan:
Case: 9912-41
Page: 3
The Columbia Heights Comprehensive Plan designates this area for future commercial
development. One goal of the Land Use and Redevelopment Plan is to improve the commercial
viability of the Central Avenue corridor while protecting nearby residential neighborhoods. The
proposal will not negatively impact any nearby residential areas and will provide a valuable
service to area residents. The proposed use is a public utility use that will be constructed in a
manner that meets the minimum requirements of the Zoning Ordinance and Building Code.
Because minimum Zoning Ordinance and Building Code requirements will be met, and because
the antennas will provide a valuable service to area residents, the proposal complies with the
intent of the City Comprehensive ?lan.
Summa~_ :
The positive aspects of this proposal are as follows:
1. The Sprint wireless telephone antennas will provide a Valuable service to area residents.
The negative aspects of this proposal are as follows:
1. There does not appear to be any negative aspects to the proposal.
CONCLUSION
Staj~f R¢commendation:
Staff recommends approval of the Special Permit and Conditional Use Permit to allow the
installation of Sprint wireless telephone antennas to the Columbia Heights Business Center at
3989 Central Avenue NE (Northeast State Bank Building), subject to the conditions listed in the
recommended motion.
Recommended Motion:
Move to recommend City Council approval of Resolution 99-98, which is a resolution approving
a Special Permit and a Conditional Use Permit to allow the installation of Sprint wireless
telephone antennas to the Columbia Heights Business Center at 3989 Central Avenue NE,
subject to the following conditions:
1. All required state and local codes, permits, licenses and inspections will be met and in
full compliance.
2. The installation of additional ballast mounts in the future will require a separate Special
Permit and Conditional Use Permit.
Attachments:
· Completed application form; Letter describing request; Exhibits A - E; Plan showing U.S.
West antennas; Draft Resolution 99-98; and, Public Notice
~Y OF,,COLUIIBIA IB2~S
SAte
O~h4r
RECEIVED
NOV ! 9 1999
COMMUNITY DEVELOPMEN'I
...o, --
· -. fi, o o.~. ,.,, I~-
%. Strut A~L~ees o£ S~bJerc ~)e~, 3,9,89 Central ,Avenue NE
~, lei;al DeecrLptLJ~ of Subject ~roper~7~ see attached
~,l.~ucks & Associates, Inc. (on behalf of Sprint)~l Lak~ States Procert¥
7200 Hemlock Lane, Ma. pie Grove, MN 55369 Add~esa= 3989 Central Avenue NE
612/424-5505. . ~,' 612/781-6352
De~A~CA~ gg ~est~ Propose to attach, , -wireless telephone antennas,,
Heights Business Center at 3989 Central Avenue NE
to the Columbia
Present Z_-'-~"- CBD - Cent,ral Business District
~rose~ ~sm Office Buildin~
l, rupooed
P~opooed Uae
S. IBld~Ate Sub~Ltted (mspo, d~asramo, etC.) see attac~ed narrative
m~ vail b ~ h ac~e vL~ ~ ~~cee of ~ City o~ ~I
November 19, 1999
Mr. Joe Hollman
City of Columbia Heights
590 40m Avenue NE
Columbia Heights, MN 55421
RE:
Submittal for Conditional Use Permit:
Wireless Antenna Site at 3989 Central Avenue N,E., Columbia Heights
Dear Mr. Hollman:
This letter accompanies an application by Sprint Spectrum L.P. (Sprint) for a Conditional
Use Permit that would allow the construction of a Personal Communication Services
(PCS) antenna site at 3989 Central Avenue N.E., Columbia Heights. (See Exhibit A for
a topographic map of the site location). Loucks and Associates, Inc. (Loucks) is a
planning, engineering, environmental, surveying and archeology firm that has been
retained by Sprint to acquire sites and secure zoning permits associated with the buildout
of Sprint's wireless telephone system in the Minneapolis - Saint Paul metropolitan area.
Introduction
A PCS system is comprised of"cells" or small geographic coverage areas. A typical PCS
system for a metropolitan area the size of Minneapolis -Saint Paul would have
approximately 200 cells. Located within each cell is an antenna site comprised of
antennas and base station equipment. As a person using a mobile telephone travels
across the city, the phone call is automatically passed from cell to cell without
interruption. As customer usage increases, additional cells are added to the system in
order to increase the overall system capacity. Given the increase in usage of the Sprint
network and in order to maintain seamless wireless coverage, a Sprint antenna site is
currently needed along Central Avenue in Columbia Heights.
PCS Technoloc-v
PCS technology became available through the Federal Communications Commission
(FCC) allocation of the 1,850 to 1,990 megahertz range of the radio spectrum for
broadband PCS services and subsequent auctioning of FCC licenses to provide PCS
service. In 1995 five FCC licenses were issued for each of 51 Major Trading Area
(MTA) in the United Sates.
Although similar to traditional cellular systems, PCS works and sounds better. PCS
combines voice and data services using digital technology, as opposed to analog
technology used by traditional cellular systems. The digital technology fhcilitates a
higher quality voice transmission; a more secure system that is less susceptible to
eavesdropping and a system that is capable of offering enhanced features such as paging,
facsimile transmission and caller identification.
Proposed Use
Sprint is proposing to affix PCS antennas that will transmit and receive low power radio
signals within the PCS frequency range of the radio spectrum (1850 to 1990 megahertz)
to the Columbia Heights Business Center at 3989 Central Avenue N.E. (The property
legal description is attached as Exhibit B). A total of six panel antennas would be
initially placed on the building: four antennas on the building roof and two antennas on
the building penthouse. As system capacity increases, an increase of up to twelve
antennas in the furore is possible. The antennas, approximately 64" high x 6" wide x 2"
deep and approximately nine pounds in weight, would be attached to the building by
ballast mounts. (See Exhibit C for a typical Sprint ballast mount). Please refer to the
enclosed site plans for a detailed plan of the proposed antenna site. (See Exhibit D).
In addition to panel antennas, each Sprint site consists of base station equipment (also
called the Base Transceiver Station (BTS)) used to link the panel antennas to the
telephone network. The base station equipment includes three equipment cabinets:
battery cabinet, digital cabinet and RF cabinet. Each cabinet is approximately 72" high x
42" wide x 30' deep. An additional set of cabinets may be added to the site in the future
as system capacity increases. Typically, the equipment cabinets are connected to the
antennas by 1 5/8" cables, although cable dimensions will vary depending on length of.
the cable nm (each antenna requires one cable mn). Please refer to Exhibit E for a
photograph of the Sprint base station equipment.
ZoninR Reauirements
The proposed antenna site at 3989 Central Avenue N.E. is zoned CBD: Commercial
Service. Because the proposed antenna installation will be mounted to an existing
building, placement of wireless antennas at this location will be unobtrusive and have
minimal impact on neighboring properties. The site will not be detrimental to the public
health, safety, morals or comfort of the city. PCS wireless technology utilizes low power
to insure that the signal stays within a designated "cell." The proposed use will have
little or no impact on surrounding properties. The use will cause no traffic congestion or
interference with traffic on surrounding public streets. Site visits for maintenance
purposes will occur once a month atter the antenna and base station equipment have been
installed. Parking will not be an issue because site visits will be infrequent and of limited
duration.
The proposed use will enhance the public safety and welfare of the community because it
will enable Sprint to offer comprehensive digital PCS service to the area. The ability to
transmit data such as fax, paging and computer data transmission will open a whole new
way of communicating by business, individuals and government services. For example,
police can use digital PCS fax machines as pan of their drug enforcement program to
obtain immediate search warrants without leaving the scene and motorists will have
greater flexibility of wireless phone choices, which will allow them more security in
placing emergency calls as needed.
We hope this correspondence and enclosures address all issues. Should you have any
questions regarding the attached information or would like to discuss the Sprint antenna
proposal further, please contact us at 612/424-5505. Thank you for your time and
consideration of this application.
Scott Hoelscher
Planner/Land Use Specialist
Loucks and Associates, Inc.
EXHIBIT A
EXHIBIT B
Columbia Heights
AI~NDI~ENT TO
612-782-2801
A~ 13 199Z
Lot ~2, Bioc~ ~, ~ese~oir Hills. ~,,.~¢~.~ _%.~ ' .~. ~
Lots 25 through 28, Block 1, ~alton's Rearrangement of Lots 33 and 3&,
Block 6, Reservoir Hills.
The Vacated alley adjacent to Lots 25 through 28, Block 1, ~alton's
Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills.
Those parts of Lots 28 through 31, Block 6, Reservoir Bills, Lots 23 and
24, Block 1, ~alton's ~earrangement of Lots 33 and 34, Block 6, Reservoir
Hills, and of the vacated alley adjacent to Lot 2&, Block 1, ~altonts
Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, lyin8 south-
westerly and westerly of the follo~in8 described line:
Beginnin~ at a point on the sou~h line of said Block l, Malton*s Reat-
ran2ement, said point bein8 I8.00 fe~t west o~ =he southeast corner of Lot
23 of sa~d Block 1, ~alton's Kear~an&ement; thence northerly on a line
18.00 feet u~st of and parallel with said east line of Lot 23, a distance
of 87.00 feet; thence ' to a
point on the north line of Lot 30 of said Block 6, Reservoir Hills, said
point belag 47.23 ~eet easterly of the north~;est corner of said Lot 30 and
there terminatin~, all in Anoka County.
Reservin$ and suSJect to easements to the City of Columbia Heights for
readily purposes over the north &,O0 feet of the west 232.00 feet of said
Block 6, Reservoir Hills, and over the area described as follows:
8eginnia$ at the ~.~. corner of Lot ~O, Block ~, ~eservoir ~ills, thence
east along the north lot line of said Lot 30 a distance of t~elve (I2.0)
feet; thence southerly and parallel to the west line of said Block ~ a
distance of one hundred and thirty (130.0) feet; thence southwesterly in a
straight line to a point t~o hundred twenty-five (225.0) feet from said
N.!2. corner o[ Lot 30 alon8 the ~est line of Block 6, Reservoir H~lls end
Block l, Ualton's Rearrangement of Lots 33 & 34, 'Block 6, Reservoir Hills;
thence north tun hundred twenty-five (225.0) fee: ~o the point of
beRinning.
Reserving to the City of Columbia HeiRhts a utility easement over, ~der,
and across the East 15.00 feet of the ~est 27.00 feet of the above-
described parcel.
Reserving to the City of Columbia Heights a utility easement over, under,
and across the east 15.00 feet of the uest 22.00 feet of said Lot 23,
Block 1, Ualton's Rearrangement of Lots 33 and 34, Block 6, Reservoir
Hills.
L
EXHIBIT C
EXHIBIT D
Z
C)
0
i, ]ii
t
_
EXHIBIT E
0
CITY OF COLUMBIA HEIGHTS
II
590 40TH AVENUE N.~'., COLUMBIA HEIGHTS, MN 55421-3878 (6 ! 2) 782-2800 TOD 782-2806
Rorf
II~n~in~ Szumk
PI.A##I#8 A/~D ZONIN8 C01~M15510//
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council
Chambers of City Hail, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, December 7, 1996. The order of business
is as follows:
A request for a Conditional Use Permit to attach Sprint wireless telephone antennas to the roof of
the Columbia Heights Business Center at 3989 Central Avenue NE (Northeast State Bank Building).
The subject property is zoned CBO, Central Business District. Section 9.112(2) of the Columbia
Heights Zoning Ordinance requires a Conditional Use Permit for public utility structures in the CBD
Zoning District. Also, Section 9.116(16)(a) of the Zoning Ordinance states "heights in excess of
those allowed under this section shall be permitted only by a special permit granted by resolution of
the Council determining that such structure would not be dangerous and would not adversely
affect the adjoining or adjacent property".
Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you
mey contact Joe Hollman, City Planner, at 612-782-2856.
Planning and Zoning Commission
CITY OF COLUMBIA HEIGHTS
Walt Fehet
City Manager
kp
The City of Colombia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to
allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities.
Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in
advance. Please call the City Council Secretary at 782-2800, extension 209, to make arrangements. (TDDI782-
2806 for deaf or hearing impaired only.)
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF' DISABILITY IN E;MPL.OyMI~NT OR TH[ PROVISION OF SERVICES
I='QUAL OPPORTUNITY [MIa'COYER
CITY COUNCIL LETTER
Meeting of: December 13, 1999
ORIGINATING DEPT.: '~ CITY MANAGER
AGENDA SECTION: CONSENT AGENDA ~'i-AJ3 Recreation alii APPROVAL
NO:
ITEM: REQUEST APPROVAL OF 2001RENTAL RATES BY: KeithWindschitl~'~' By:~//~~~
FOR MURZYN HALL DATE: November 29, 1999
NO:
BACKGROUND: At the November 23 meeting of the Park & Recreation Commission, members revieWed the proposed 2001 rental
rates for Mutzyn Hall. Staff is proposing a 5% increase for Saturday rentals, with no increase for Sunday through Friday rentals. Also
staff is proposing to allow Friday rentals to begin their rental at 9:00 a.m. This will attract more Friday rentals. Pre-mix will be
increased to $21 per canister. The custodial charge will increase to $15 per hour. The CO2 system will increase to $20. Members
were advised that Coca-Cola has increased their canister prices. We have had many problems with Coca-Cola's delivery system, so
staff is considering switching to Pepsi Cola. Pepsi canisters cost $14; whereas, Coke canisters cost $16.95 effective December 5, 1999.
Motion by Magnuson, second by Mayer to recommend that the City Council approve the 2001 rental rates for Murzyn Hall. All ayes,
motion carried.
RECOMMENDED MOTION: Move to approve the 2001 rental rates for Murzyn Hall at the recommendation of the Park & Recreation
Commission.
COUNCIL ACTION:
CC-2001rates
COLUMBIA HEIGIiTS - CITY COUNCIL LETTER
Meeting of: December 13, 1999
AGENDA SECTION: Co,,5o,+ ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: L[,/~. } q CITY MANAGER'S APPROVAL
ASSOCIATION MEMBERSHIP FEE
NO: DATE: DATE:
BACKGROUND:
Attached is an invoice from the North Metro Mayors Association for the 2000 Annual Membership Fee.
The amount is $8,619.00. This figure is in line with previous years.
RECOMMENDED MOTION:
Move to authorize payment of the 2000 Annual Membership Fee to the North Metro Mayors
Association in the amount of $8,619.00.
Attachment:
COUNCIL ACTION:
2: \ 99 - 12 - 13northmet romayors
NORTH JV~ETRO ~v~AYORS
ASSOCIATION
Invoice
DATE ~ INVOICE #I
;
i ~2~.~o0 ! ~ooo~4o'"
;
BILL TO
Walt Fehst
City Manager
City of Columbia Heights
590 40th Avenue N.E.
Columbia Heights, MN 55421
~'000 North Metro Mayors ~tion Annual Membership Fee
SUBTOTAL
!PTe~e remit payment to:
t North Metro Mayors Association
I Total
AMOUNT
8,019.00
8,619.00
$8,619.00
8525 F, dinbraok Crossin$, ,Suite ~5, Broo~, ,i~,, MN 55443
lit (612) 493-5115 .a, Ft, x (612) 424-1174
CITY COUNCIL LETTER
MEETING OF: DECEMBER 13~ 1999
AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER
NO,: FINANCE APPROVAL
FUNDS OF THE CITY OF COLUMBIA
HEIGHTS DATE: NOVEMBER 4, 1999
Each year the Council passes a resolution designating depositories for City funds and for investment purposes.
The attached resolution follows the general format of the resolution passed in previous years. Under this
resolution, investment firms that may be used by the City must be located in the State of Minnesota, and all
investments must comply with authorized investments as set forth in Minnesota statutes. The resolution also
contains a section covedng access to City safe deposit boxes.
It is staffs recommendation that the City Council adopt this resolution.
RECOMMENDED MOTION: Move to waive the reading of Resolution 99-
available to the public.
, there being ample copies
RECOMMENDED MOTION: Move to adopt Resolution 99-_, being a resolution designating depositories for
City funds of the City of Columbia Heights.
WE:sms
9911043COUNCIL
Attachment
COUNCIL ACTION:
RESOLUTION NO. 99-101
RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES AND
SAFE DEPOSIT ACCESS FOR THE CITY OF COLUMBIA HEIGHTS
IT IS HEREBY RESOLVED, that Northeast State Bank and Norwest Bank are hereby
designated as depositories of the funds of this corporation.
IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against
the funds of this corporation on deposit with said banks shall be signed by the following:
Mayor
City Manager
Clerk-Treasurer
and that said banks are hereby fully authorized to pay and charge to the account of this
corporation any checks, drains, or other withdrawal orders.
BE IT FURTI~ER RESOLVED, that the Northeast State Bank and Norwest Bank as
designated depositories of the corporation be and it is hereby requested, authorized and directed
to honor checks, drafts or other orders for the payment of money drawn in this corporation's
name, including those drawn to the individual order of any person or persons whose name or
names appear thereon as signer or signers thereof, when bearing or purporting to bear the
facsimile signatures of the following:
Mayor
City Manager
Clerk-Treasurer
and that Northeast State Bank and Norwest Bank shall be entitled to honor and to charge this
corporation for all such checks, drafts or other orders, regardless of by whom or by what means
the facsimile signature, or signatures thereon may have been affixed thereto, if such facsimile
signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks
by the City Clerk or other officer of his corporation.
BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City
Council of the corporation and certified to as governing the operation of this corporation's
account(s) with it, be and are hereby continued in full force and effect, except as the same may be
supplemented or modified by the foregoing part of this resolution.
BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals,
re-discounts and borrowings by or on behalf of this corporation with said banks prior to the
adoption of this resolution be, and the same hereby are, in all things ratified, approved and
confirmed.
BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of
Minnesota may be used as depositories for investments purposes so long as the investments
comply with authorized investments as set forth in Minnesota Statutes.
BE IT FURTHER RESOLVED, that any brokerage film located in the State of Minnesota may
be used as a depository for investment purposes so long as the investments comply with the
authorized investments as set forth in Minnesota Statutes.
BE IT FURTHER RESOLVED, that the signatures of any one of the following named City
employees are required for access to safe deposit boxes:
Finance Director
City Manager
Assistant Finance Director
Accounting Coordinator
Passed this
Offered by:
Seconded by:
Roll Call:
day of ,1999
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
Meetin8 of: DECEMBER 13. 1999
AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER
NO: t.[. A-I~ FINANCE APPR/O~~
ITEM: WORKERS' COMPENSATION BY: WILLIAM ELRITE BY: ~/'~g~
NO: INSURANCE DATE: 12/08/99 ~ DATE:/,.,~/~ '
In January of 1997 the City changed the worker's compensation carrier from Berkley
Administrators to St. Paul Companies. At that time the City made the change due to two prim .~
reasons. The first reason being the service that was received from Berldey Administrators m
adjusting worker's comp claims was very poor and often resulted in higher worker's comp costs
due to delays in processing claims and other complications that they did not handle in a satisfactory
manner. Since we have been with St. Paul Companies, their level of service has been far superior
to Berkley and claims are handled in a much more professional and timely manner. In addition
to this, St. Paul Companies utilizes a managed care program with heavy emphasis on ensuring that
employees return to work as soon as possible. These factors provide excellent coverage for injured
workers while still maintaining a low cost ratio. The long-term effect of this insures that the City
will have a lower experience ratio which will result in lower long-term worker's compensation
insurance premiums.
Currently, the City's experience modification ratio is .87. This is very good considering that the
normal experience modification ratio is 1.00. For the year 1999 the City's estimated worker's
comp premium was $89,486. For the year 2000 it is estimated at $97,426. The difference is due
to a general rate increase of 5.7% and an increase in estimated payroll costs of 3%. Our insurance
agency has contacted several other companies in relationship to securing premium quotes for
worker's comp. At the present time, St. Paul Companies is one of the few insurance companies
writing governmental worker's compensation policies and they were by far the lowest in premium.
RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an
agreement to continue worker's compensation coverage with St. Paul Companies under the
standard premium plan.
9912082COUNCIL
COUNCIl. ACTION:
CITY COUNCIL LETTER
MEETING OF: DECEMBER 13. 1999
AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER
NO: 4~=.~,,~,~....~ ~'~- A - J"/ A, SSESSING , APPROVAL
ITEM: RESOLUTION ~SENIOR BY: JANE GLEASON
CITIZENS OR RETIRED & DISABLED
PERSONS HARDSHIP SPECIAL
ASSESSMENT DEFERRAL DATE: NOVEMBER 23, 1999
NO:
In 1982, the City Council adopted a resolution allowing the deferral of assessments for senior citizens and
disabled persons. The resolution established eligibility criteria including a maximum income. The income
level is updated annually by resolution.
The attached resolution retains the criteria in the previous resolution and updates the income eligibility
amount to $17,700, the same dollar amount used for reduced rates for senior citizens utility bills. The
current income eligibility amount is $17,200.
RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 99-96 establishing a new maximum income
of $17,700 for senior or retired and disabled persons to be eligible for special assessment deferral.
COUNCIL ACTION:
RESOLUTION NO. 99 - 96
BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED
AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL
Whereas, immediate payment of special assessments or Installments on special assessments cast an undue hardship on some parsons owning
homestead properties who ara 65 years of age or older or ratired by virtue of a permanent and total disability for whom it would be a hardship to make
payments, and
Whereas, Minnesota Statutes ~435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and
guidelines for determining the existence of a hardship and for determining the existence of a disability.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS:
1. This deferral procedure shall apply only to assessments which ara payable In five or mora annual installments.
2. This deferral procedure shall apply only to property owned and occupied by the elderly, ratirad, or disabled applicant. Ownership and occupancy
must be of the same nature as would qualify the applicant for a homestead exemption for tax purposes.
3. This deferral procedura shall apply only to homestead property owned by a person 65 years of age or older or ratired by virtue of a permanent
and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes
of assessment deferral as is used for social security purposes.
4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual
circumstances not covered by the stendards and guidelines herain so long es determination is made In a nondiscriminatory manner and does not
give the applicant an unraasonable preferance or advantage over other applicants.
5. In order to obtain a defen~al of an assessment, the homeowner must make application on the forms prescribed by the City of Columbia Heights
Assessment Clerk.
6. In granting a defen'ed assessment, the Council shall determine in Its resolution approving the assessment roll the amount of Interest, If any, to be
charged on the deferred assessment.
7. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable Interest
shall become due and payable upon the occurrence of any of the following events:
a. the death of the owner, provided that the spouse is not otherwise eligible for benefits heraunder;
b. the sale, transfer or subdivision of the property or any part thereof;
c. if the property should for any reason lose its homestead status; or
d. if for any raeson the City shall determine that thera would be no hardship to requira immediate or partial payment.
8. No deferral may be granted unless the homeowner makes application to the City Assessment Clerk within thirty (30) days after adoption of the
assessment by the Council.
9. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual
installment along with all futura installments shall become immediately due and payable.
10. No deferral shall be granted to any owner who has a gross annual household income from all sOurces in excess of $17,700.00.
11. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th of each year.
12. No special assessment may be defen'ed for a period longer than the time set by the Council es the time over which the project is to be assessed.
13. Interest on defen'ed assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be
added to the amount deferred and shall be paid in accordance with Minnesota Statute ~435.195 and this Resolution.
Passed this 13th day of December, 1999.
Offered by:
Seconded by:
Roll Call:
Patrida Muscovllz, Deputy City Clerk
Gary L. Peterson, Mayor
~9\~iles\srde~e~.~es
CITY COIJNCD'. LETTER
1vIEETIN~ OF: DECEMBER 13. 1999
AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER
cl - A - fINANCE mPROV
ITEM: RESOLUTION INCREASING BY: ROXANE SMITH BY:
INCOME GUIDELINES /,°' ~~.. NO
NO: D VEMBER 17, 1999
Income eligibility guidelines for senior citizen utility rates are established on an annual basis. The 1999
maximum income eligibility level was set at $17,200. Attached is a resolution establishing the year
2000 maximum income eligibility level at $17,700 to receive reduced senior citizen rates in the year
2000. This mount was computed utilizing the same formula that has been used in prior years. The
formula used is the maximum Social Security benefits for an individual 65 years old, plus 4% rounded
to the next even $100 increment. For the year 2000, the maximum Social Security level for a 65 year
old individual is $17,000. The 4% adjustment to this figure in the City's eligibility level allows for $700
in other income.
The City Council can set any formula or amount for income eligibility. The formula used here and in
the past is equitable for the truly low income senior citizens. If the City establishes the income eligibility
guideline at a higher level, more people will qualify. As more people qualify for reduced rates, the rates
for non-qualifying people will have to be raised to ensure adequate revenue in the utility fund. For
several years, the number of seniors receiving the reduced rate has remained constant at approximately
200 residents.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies
available to the general public.
RECOMMENDED MOTION: Move to adopt Resolution 99- being a resolution Establishing
Senior Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply Utility Rates.
RS:sins
9911181COUNCIl.
COUNCIL ACTION:
RESOLUTION NO. 99-102
RESOLUTION ESTABLISi:llNG SENIOR CITIZEN ELIGIBILITY STANDARDS FOR
REFUSE, SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES
WHEREAS, the City Council has previously established eligibility standards for senior citizens
for Refuse Service, Disposal, and Water Supply; and
WHEREAS, It has been the City, s practice.to maintain uniform eligibility standards whenever
possible:
NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows:
That anyone over 62 years of age with a maximum household income of $17,700
will be eligible for reduced rates.
BE IT FURTHER RESOLVED that the above eligibility standard be effective Sanuary 1, 2000.
Passed this day of ,1999
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
CITY COUNCIL LETTER
MEETING OF: DECEMBER 13, 1999
AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER
NO: FINANCE APPROVAL
ITEM: DESIGNA TIN G AN OFFICIAL BY: WILLIAM E~ BY.'/. ~~~~. ~/~
NEWSPAPER FOR 2000
DATE: DEC. 8, 1999
NO: q
Each year the City Council designates an official newspaper for publishing of legal notices and other
required publications. State statutes require the newspaper to be published on a minimum of a weekly
basis. Statutes also limit the mount the newspaper can charge, to the rate paid by commercial users.
Based on this, there are only two newspapers serving Columbia Heights that meet the criteria: Focus
News and the Star Tribune. Based on rates charged to commercial customers, the Focus News is the
least expensive alternative. The Star Tribune's 2000 rate will be $3.13 per line.
The following is a comparison of the 1998 rates to the 1999/2000 rates for the Focus News:
One Column Width:
Per line, first insertion 0.90 0.95
Per line, subsequent insertion 0.50 0.53
Two Column Width: -
Per line, first insertion 1.80 ~ - J'-]i9~---
Per line. suhseouent insertion 1.00 1.06
The Focus newspaper is not increasing their rates for 2000.
RECOMMENDED MOTION: Move to designate Focus News as the official City newspaper for 2000 and
to authorize the Mayor and City Manager to enter into an agreement with Focus News for required
publications.
WE:srfl$
~91208 ICOUNCIL
Attachment
COUNCIL ACTION:
Focus News
I I
December 8, 1999
Ms. Sue Schmidtbauer
City of Columbia Heights
590 40th Avenue, NE
Columbia Heights, MN 55421
Dear Sue:
We would be pleased if you would consider the Focus News as the City of Columbia Heights' official
newspaper for the year 2000 at your City Council Meeting. We also want to thank the city for their patronage
this past year and we look forward to the future.
We value the city's legal business very much. We will not be increasing the legal rates this year which is a good
way to start off the new millennium. The 1999 rates, which we are using for 2000, are as follows:
1 column width: $0.95 per line - fn'st insertion ($10.45 per col. in.)
$0.53 per line - subsequent insertions ($5.83 per col in.)
2 colunm width: $1.90 per line - first insertion ($20.90 per col. in.)
$1.06 per line - subsequent insertion ($11.66 per col. in.)
Notarized affidavits will be provided for each of your pubhcafions. We endeavor to print each legal accurately
and to follow any written specifications you may have included with your legal. All publications should be
received in our office by Friday at noon preceding our Thursday publications. In order to expedite our service to
you, please direct your legal notices to Focus News, attention Linda Mclutyre, Legal Publications, 2819 Harnline
Avenue N, Roseville, MN 55113. We prefer legals not be faxed. We are having great success receiving legals
by e-mail. These procedures have made this year's legal ads error free which is what we all strive for with legal
publications. If you have budget reports or anything done on a spread sheet, we are able to use e-mail for these
as well; however, you would also need to send a hard copy through the mail so we can check fractions and
columns, etc. If you have any questions or are in doubt on a specific legal, please give lJnda or Howard a call
at 651-633-3434. Our e-mall address is: info@focumews.com.
Thank you for considering the Focus News as your official newspaper for the upcoming year. We are honored
and pleased to serve you and look forward to a mutually beneficial working relationship with the City of
Columbia Heights.
Publisher '
Focus News
2819 Hamllne Avenue N, Rosevllle, MN SS.113 * 6S1433-3434 * Fax 6S1433-9SS0
CITY COUNCIL LETTER
Meetin~ of: DECElVIBER t~. 1999
AGENDA SECTION: CONSENT B ORIGINATING DEPT: CITY MANAGER
NO: ~ FINANCE APPROVAL
ITEM: B EINGARESOLUTIONADOPTING BY: WILLIAMELRITE. By:
COLLECTABLE FOR THE YEAR 2000 AND
APPROVE THE HRA LEVY of $94,752
NO:
On December 6, 1999 the City Council held the Truth in Taxation budget/levy hearing. At that
time it was announced that the proposed total levy for the City increased by $57,331; however, the
fiscal disparities area-wide tax increased by $17,642 resulting in a net local levy increase of $39,689.
At the meeting staff also reviewed the Citizen's League publication on tax rates in the metropolitan
area. This publication covers the tax rates of 107 municipalities. Of the 107 municipalities,
Columbia Heights ranked 107~ in taxes on an average value home, that average value in Columbia
Heights being $83,506. Based on this article, we have achieved the ultimate in low taxes.
In addition to the city levy, the EDA levy is proposed at $119,296 and the library levy at $500,244.
At the Truth in Taxation hearing staff noted some of the changes to the final budget as proposed
by the City Council. Attached is a list of the changes that were made to the departmental proposed
budgets by the City Manager and the recommended addbacks to various budgets that were
discussed at the City Council work session. In addition to this, there was one item that had been
discussed where no final conclusion was arrived at, that was going back to a more extensive
publication of City Council minutes. As no conclusion was made on this item, staff has added to
the list of proposed changes $10,000 under contingencies in the Mayor/Council budget. If in the
future the decision is made to do more extensive publication of council minutes, this money could
be utilized for that purpose. If a decision is not made, the money will remain in the
Mayor/Council budget as a contingency.
In summary, it should be noted that at the council meeting of December lYh further changes can
be made with additions or deletions to the proposed attached resolution.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample
copies available for the public.
RECOMMENDED MOTION: Move to adopt Resolution 99-xx, Being a Resolution Adopting
a Budget for the Year 2000 and Setting the Total City Levy Collectable for the Year 2000 in the
Amount of $3,295,956 and Approving the HRA levy of $94,752.
~:sms/99120S3GOUNGIL
Attachments
COUNCIl. ACTION:
RESOLUTION 99-103
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
ADOPTING A BUDGET FOR THE YEAR 2000, AND SETTING THE TOTAL CITY LEVY
COLLECTABLE FOR THE YEAR 2000 AND APPROVE THE HRA LEVY OF $94,752
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA: that the following is hereby adopted by the City of Columbia Heights.
Section A. The proposed budget for the City of Columbia Heights for the year 2000 is hereby approved and
adopted with appropriations for each of the funds as listed below.
General Fund
State Aid
Cable Television Fund
Library
DARE Project
Capital Improvement Fund
Infrastructure
Capital Equipment Replacement Funds
Central Garage Fund
Liquor
Water Utility Fund
Sewer Utility Fund
Refuse Fund
Water & Sewer Construction
Energy Management
Data Processing
Police/Fire Contingencies Reserve ~
Debt Service Fund
Total Expense Including Interfund Transfers
Expense
8,602,611
119.850
212,399
565.680
8,325
1,713.643
100,500
579.945
463,818
6,423.095
1.441,331
1,306.361
1,507.210
468.000
315.574
273,598
55.000
2,363.310
26,520,250
Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds,
including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2000:
General Fund
State Aid
Cable Television Fund
Library
DARE Project
Capital Improvement Fund
Infrastructure
Capital Equipment Replacement Funds
Central Garage Fund
Liquor
Water Utility Fund
Sewer Utility Fund
Refuse Fund
Revenue
8,602,611
119,850
212,399
565,680
8,325
1,713,643
100,500
579,945
463,818
6,423,095
1,441,331
1,306,361
1,507,210
newms. 123 12,'13/~ Page 1 of 2
RESOLUTION 99-103
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
ADOPTING A BUDGET FOR THE YEAR 2000, AND SETTING THE TOTAL CITY LEVY
COLLECTABLE FOR THE YEAR 2000 AND APPROVE THE HRA LEVY OF $94,752
Water & Sewer Construction
Energy Management
Data Processing
Police/Fire Contingencies Reserve
Debt Service Fund
Total Revenue Including Interfund Transfers
468,000
315,574
273,598
55,000
2,363,310
26,520,250
Section C. The following sums of money are levied for the current year, collectable in 2000, upon the taxable
property in said City of Columbia Heights, for the following purposes:
Estimated Area-Wide
Estimated General Fund.' ~
Estimated Library Fund Levy
Estimated EDA Fund Levy
Other Levies
Total Proposed Levy
912,727
1,763,689
500,244
119,296
0
3,295,956
Section D. The City Council of the City of Columbia Heights hereby apProves the Housing and
Redevelopment Authority Tax Levy for fiscal year 2000 in the amount of $94,752.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS,
INNESOTA: That the City Clerk is hereby instructed to transmit a certified copy of this resolution to the
ounty Auditor of Anoka County, MinneSota.
Approved this 13th day of December 1999
Offered By:
Seconded By:
Roll Call:
Gary Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
Page 2 of 2
City of Columbia Heights
Proposed 2000 Levy and State aids
1
2
3
4
5
6
7
8
9
10
11
12
General Fund
Library Fund
EDA Fund
Total Local Levy
Ama Wide Levy
Total Levy
Local Performance Aid
Local Govemmnet Aid
Homestead & Agricultural Aid
Total Aids
Tax Rate Excess TIF
Adopted
1999
1,764,974
467,518
111,048
2,343,540
895,085
3,238,625
Proposed
2000
1,763,689
500,244
119,296
2,383,229
912,727
3,295;956
Amount of
Increase
(Decrease)
(1,285)
32,726
8,248
17,642
57,331
22,643
2,294,210
959,341
3,276,194
8,495
6,523,314
0
2,325,029
1,004,122
3,329,151
9,299
6,634,408
(22,643:
30,819
44,781
804
Percent of
Increase
(Decrease)
1.77%
1.62%
1.69%
13
[HRA
Adopted
1999
80,239
Proposed I Amount of I
2000 I Increase I
Percent of
Increase
(Decrease)
18.09%
14
15
16
17
18
19
20
21
22
Adopted Proposed
1999 2000
City Managed Pmposecl Expense and Revenue
General Fund
Expense 7,696,776 7,968,947
Revenue 7,457,983 7,638,704
Increase (Decrease) to Fund Balance (238,7931 (330,243~
Libra~j Fund
Expense
Revenue
Increase (Decrease) to Fund Balance
508,2551 565,680
502,018J 530,779
(6,237] (34,9011
Page I of I
CITY OF COLUMBIA HEIGHTS
Projected Fund Balance
Prepared 12/07/99
Fund Balance 12/31/98
Reserved for prepayments
Designated for working capital
Designated for encumbrances
Designated for the 1999 budget
Total reserved or designated
~ted 1/1/99
11,632
3,463,549
26,992
238,793
4,744,231
3,740,966
Projected General Fund under budget for 1999
Cumulative projected fund balance 12/31/99
Designated fOr the 2000 budget
Proje~ed Balance 1/1/2000
511,800
1,515,065
330,243
Community Development 1998 deficit
Community Development projected 1999 deficit
Community Development projected 2000 deficit
Total Community Development deficits
41,378
60,000
80,000
Parks Capital Equipment
Cap Improvements General Gov't Building
Tota~ovements
256,800
150,000
Net available fund balance
City Council Adds
· F_i_r_e__ (s.l.e_e_p_ !n. p.r.og_r_a.m_)_ ................................. 5. ,.6_5.9 ...........
Police (add 26th officer/20 hours for liquor) 54,445
__ Jl City Council Cuts .....................
Police (Part-time CSO) ............... (1.4.,.6_0_9.)_ ..........
i~ii_~_- ~ ~(i~.~ .r~.'~l i _c.~_'~i~ ~ _ ~ i ~ i ~ i ~ i ~ i ~ i i i i ................ 11_0_ ,.0. .0(?). ..........
................................ (!9,.0..09.)_ ..........
Fund Balance
...............................................................
Fund Balance
CITY COUNCIL LETTER
Meeting of: 12/13/99
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: wom .s
TRAINING ON FLEET MAINTENANCE SOFTWARE DATE: ~ 12/6/ DATE:/,~
lhci~Found:
The 1999 Public Works budget in Central Garage has $2,200 appropriated for out-of-town travel expenses. Mainly, this was set
up for attending the annual Fleet Maintenance Conference and Software Training in North Carolina. In past years the Garage
Foreman and Administrative Assistant have attended.
Annly~Conclusio~:
In 1998, staffrecommendod and set-up ffaining on-site through the software developer, DP Solutions, at cost nearly equivalent
to attending the out of town training. This year, DP Solutions has set up an across the board training f~e of $6,000 for on-site
training services. In lieu of this, DP Solutions has established three and five day software training courses specifically oriented
for the end user. This is not the annual user's conference in which staff felt the topic matter to be generally broad in items
covered. The Public Works Administrative Assistant was hired in 1999 and it is felt this training would be beneficial as
assistance with the Fleet Maintenance Software is one of the position responsibilities.
Recommended Motion: Move to authorize the attendance of the Public Works Administrative Assistant for a 3-day Fleet
Maintenance software training workshop to be held January 24-26, 2000 in Greensboro, North Carolina, provided by DP
Solutions and that all rehted expenses be reimbursed from funds in 701.49950-3105 and 701-49950-3320.
Attachment:
11/30/99 Memo from Schawn Johnson.
COUNCIL ACTION:
CITY OF COLUMBIA HEIGHTS
Public Works Department
TO: Kevin Hansen, Public Works Director
FROM: Sehawn Johnson, Administrative Assistant
SUBJECT: Fleet Maintenance 2000 Training Seminar
DATE: November 30, 1999
Please find enclosed information pertaining to the January 10-12 or January 24-26 training
seminars in Greensboro, North Carolina The following is the scheduled itinerary for the Fleet
Maintenance training workshop:
Day 1:
· Introduction to Fleet Maintenance 2000, Hardware Requirements, Benefits;
· Navigating Fleet Maintenance 2000;
· Understanding Data Structure, Sorting, and Filtering Data;
· Master Information-Practice Entering Data.
Day 2:
· Master Information-Practice Entering Data Continued;
· Creating Master Schedules;
· Auto Schedule-running the process.
Day 3:
· Viewing, Creating, Completing, and Canceling Work Orders;
· Working with and Creating Master Work Orders.
The cost for the three-day training workshop is $1,000. The hands-on training seminar provides
small classroom discnssion and the opportunity to work with the 2000 Fleet Maintenance
program before we download the program onto our computer system. I believe that attending
this three-day training workshop would be very beneficial for me and allow me the opportunity
to gain a better understanding of this program.
CITY COUNCIL LETTER
Meeting of: 12/13/99
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
ITEM: AUTHORIZATION TO PURCHASE PIPEP/ORKS BY: K. Hans_.l~O~. BY:
INFRASTRUCTURE MANAGEMENT SOFTWARE DATE: 12/6/99C~~ DATE: /~//~
Background:
The Engineering Deparlment has been digitizing the city's infrastructure over the last couple of years. This consists of
electronically representing the underground utilities, comprised of sanitary sewer, water main, and storm sewer throughout the
city. The sanitary sewer and water main systems are complete and the storm sewer system is nearing completion.
Analysis/Conclusions:
The electronic line work representing the city's utility system(s) is nearing completion. The next step in this process would be the
development or acquisition of software that allows us to manage all utility related information. This would include:
Create, store, and maintain an electronic database for the underground utility system.
Track and update capital improvements and repairs to the utility system.
Create central storage for all as-built information associated with the utility system.
Utilize as a planning tool for future improvements.
Map production compatible with existing GIS system.
Managing and tracking customer requests and complaints.
In addition, the Governmental Accounting Standards Board (GASB) has adopted a new set of accounting standards for local
government financial reporting. The new standards include the first ever requirement to report the value of the agency's
infr~ructure assets. A comprehensive infrastructure management system, such as Pipeworks, will allow the city to be better
prepared for the reporting requirements from the GASB when they come due in the year 2003. The sewer and water departments
each had $5,000 established in the 1999 budget for the proposed software.
Recommended Motion: Move to approve the purchase of one license of Pipeworks Infrastructm~ Management Software from
SEll, of St. Pnul, MN, at a cost of $8,300, plus tax, split equally from the Sewer and Wnter department funds 601-49430-$170 and
602-49450-5170.
COUNCIL ACTION:
.. C'Al
r~,F
$~OLE
Interactively view facility information,
search work orders, & make reports.
WHO SAYS UTILITY WORK CAN'T
BE SIMPLE? Just because your utility's
operations are complicated doesn't
mean computer operations have to be.
Thanks to the user fdendly environment
of Pipeworks and ArcView, virtually
anyone can use the GIS. Field crew
personnel can access work orders,
make maps, and perform useful network
analysis such as gravity flow tracing,
and identifying valves that need to be
closed to fix a ruptured water main.
Management .can easily check the
status of any work order, or group of
work orders. Cost tracking, reporting,
and facility status are inherent in the
Pipeworks environment.
Not only is Pipeworks useful in using
your GIS, it is a powerful tool to help
you create your GIS. Data entry and
updating of facility information is a
powerful component of Pipeworks.
Designer, our management tool, helps
you set up and optimize the performance
and access of Pipeworks throughout
your distributed enterprise. Once your
system is up and running, Designer
gives you the flexibility to change as
your system grows.
PEOPLE ARE COUNTING ON YOUR
SERVICES. YOU CAN COUNT ON
OURS. In most companies, a breakdown
is an inconvenience. In your utility, it can
mean that a family doesn't get water. Or
that a sanitary sewer main backup can
rapidly cause the spread of disease. You
can count on Azteca. Our comprehensive
service and support program includes
many engineering firms and GIS
consultants who will work with you to
design and implement solutions tailored
to your utility's needs.
The Azteca Support Staff provides
additional help if you need it. We can
help you directly, or assist your
engineering firm or GIS consultant.
We provide phone support through
our technical support line, through
e-mail to support@azteca.com, or
through online help pages at our
Internet site, www. azteca,com. Of
course, with a solution this easy to
manage, odds are you won't need
too much help. But isn't it nice to
know we're there?
Pipeworks is easy to buy. We have
flexible purchase plans, including
60-day evaluation copies, leasing,
installment payments, and site license
options. Of course we guarantee our
software. If it doesn't meet your
expectations, we will gladly return
your software payments. We are
committed to providing you with
the best solution we can produce.
Complete database for tracking all aspects of network entities
Full ArcVlaw map interaction
Custom data fields for all entities
User definable codes and descriptions
Sewer flow tradng
Automatic identification of valves needed to be closed for water main isolation
Pressure zone identification
Work orders for any number or .combination of selected entities
Inspection work orders
Unattached work orders for entities not yet in database
Estimated and actual labor, material, and equipment use
Work order search engine
100% ousi~mr~able work ordar end work order map printing
Link and manage multiple work orders thrOugh Project Manager
Use Designer for custom work order templates, employee, material, and equipment lists.
Manage storeroom inventory
Database administrator tools to manage user access and system customization
SEH, Minnesota
EFM Group, Florida
GSW & Associates, Texas
Glservices, Nabama
SYMCAS,~ Southern California
ESRI
US Infrastructure, Alabama
CDM, Massachusetts
MJ Harden, Missouri
ADR, New Jersey
Wade and Associates, Kansas
Hayes seay, Mattem, N. Carolina
Arcadis, S. Carolina
Black & Veatch, Missouri
Chester Engineering, Pennsylvania
Penninsular, Michigan
Points Devices
Backflow preventer Aerator
Casing Flow meter Rre hydrant
Fire line Leak Row meter
Hydrant line Manhole Service meter
Raw water line Vault Motor
Sen~ce line Valve
Cleanout
Force main Mater station
Gravity main Tunnel door
lateral Tunnel shaft
Reuse main Tunnel vent
Reuse service Vault
Siphon
Tunnel
Channel
Culvert
Nodes
Engineering Node
Firs hydrant
Flow meter
Pipe fitting
Pump no~le...
Surge re,eT
Water lower
Treatment plant
Water valve
Well
Chamber
Claanout
Lilt station
Outfall
Pump station
Storm water inlet
Treatment plant
Valve
Barrel
Electrical info~mation
Emergency equipment
Flow mater
Generator
Regulator
Reuse meter
Tm gate
Weir
Claanout Cleanout Barrel
Engineering node Mater station Flow meter
Infiltration basin Vault
Inlet Pump
Manhole Valve
~11 Weir
Pipe fitting Any 2 utiliaee:
Retention basin
Scupper All 3 utllitlee:
Valve Multi-Iieen~ dleeount~
End treatment ~e-lJcenle availabte
Create and manage service requests ~
$1
1250
Create and manage customer calls
J
Interactive voice response and computer-telephony integration with customer call
Azteca Systems, Inc.
45 West 10000 South
Suite 202
Sandy, UT 84070
(801) 352-9737
FAX: (801) 352-0827
email: azteca@azteca.com
www. azteca.com
Pipeworks requires:
IVVindows 95/98/NT
IArcV'mw 3 (any version)
lan external database as
described inside
· -Your GIS data
ESRI, ARCVlEW, ARC/INFO, PC ARCANFO, and
SOE a~ t~,adema~ d En~x~,~al S~
Re~ Institute. ORACLE is a tradema~ d
Oracle Com.. sYBASE is a trademank of Sybase
Corp., MICROSOFT SQL SERVER and WIN~
am trademarks of Microsoft Corp.
CITY COUNCIL LETTER
Meeting of: 12/13/99
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: ~- ,~' "2.."~ PUBLIC WORKS
,usuc wo s OAT : 2 6/99 OAm
lhckground:
The Public Works Department has an interest in continually reviewing and developing a strong safety program. The department
does havean internal safety committee and also regularly attends the city safety committee as part of an on-going safety program.
The staff continually strives to maintain and improve upon the safety measures and ffaining within the department. To develop and
maintain a strong safety management program, staffbelieves and recommends utilizing an outside service vendor for assistance.
Aaalysis/Conclusions:
Staff researched and spoke with three firms that specialize in providing safety services for both public and private owned clients.
Our request for assistance focused on three main areas:
Providing a facility audit for safety and environmental compliance.
Identifying training and educational needs and then developing a Iralning program to meet those needs.
Review and update all required safety and environmental record keeping.
A safety consultant would also serve on the Public Works Safety Committee providing additional guidance and technical support.
We could also utilize a safety consultant to assist the city in identifying poten~ funding sources and associated grant writing for
environmental or safety improvements (example: garage ventilation). Staff met with the firms of Integrated Loss Comrol 0LC),
Safe Assure, and SERCO Laboratories and each submitted a proposal. A summary report of the proposals prepared by the
interviewing staff is attached. Public Works is recommending that we accept the proposal from ILC at a maximum cost of
$7,092/annually. Funding would be provided equally by every Public Works Division. The proposals were also reviewed by the
Assistant to the City Manager and it is further recommended that a representative from Murzyn Hall and the City Safety
Committee regularly attend safety training sessions.
Recommend~ Motioa: Move to accept the proposal for Safety Management support services for the Public Works Department
from Integrated Loss ConUol, Inc. in an amount not-to-exceed $7,092; and, furthermore, to authorize the Mayor and City Manager
to enter into an agreement for the same.
KH:kh
Attachment:
StaffRepon
COUNCIL ACTION:
CITY OF COLUMBIA HEIGHTS
Public Works Department
TO: Kevin Hansen, Public Works Director
FROM: Lauren McClanahan, Public Works Superintendent
Steve Synowczymki, Shop Foreman
Schawn Johnson, Administrative Assistant
SUBJECT: Safety Management Bids
DATE:
October 27, 1999
The following is a brief overview of the bids that were submitted by Integrated Loss Control, Inc.,
Safe Assure, and Serco Laboratories regarding the safety needs of the Public Works Department.
Integrated Loss Control:
A. Integrated Loss Control, Inc.- Submitted a proposal with the following options:
Option #1- Provides an audit of the Public Works Departments facilities regarding
the status of our safety and environmental compliance program. The audit results
will identify safety areas that need to be improved. The audit will also assist Public
Works in identifying trouble areas that need to be addressed by assisting staff
members in implementing new safety policies that are necessary to meet state and
federal requirements. The mock inspection and audit would provide Public Works
with a frame work for implementing future safety programs. (Cost- $910.00)
Option #2- ILC would provide a safety and environmental audit of our facilities
and monthly on-site service visits (one visit per month). The cost for this service is
$591~00 per month (one year contract). The contractor provides six hours of on
site labor and safety environmental services per month. Lauren, Steve, and myself
feel that this program would have a lasting impact on the Public Works
Department. The Integrated Loss Control Company provides a wealth of
experience, certifications, and practical experience in the areas of workplace
safety, implementation of safety and environmental programs and procedures, and
providing the necessary hands-on service needed to assist us in meeting and
maintaining a sound safety program in the near and distant future. This program
would include the following tralnin4 programs:
A. Health and Safety Program Development and Review;
B. Right-to-Know Training;
C. AWAIR Training;
D. Maintaining MSDS and Safety Training Files;
E. Confined Space;
F. Lockout/Tagout;
G. Risk Management;
H. Human Resources Development.
Overall, we feel that Integrated Loss Control, Inc. provides the most comprehensive safety
program of the three bidders. ILC Inc. would provide us with technical support and guidance on
any safety issue that may arise in the near future. This company would also be willing to conduct
joint training or services to other cities with which the City of Columbia Heights may have a
mutual training agreement. (Cost- $7092.00 per year)
Safe Assure:
Safe Assure would provide the Public Works Department with a program that
concentrates its efforts on workplace safety issues. The tentative training schedule submitted by
Safe Assure would include the following topics:
A. OSHA Record keeping and mock OSHA Inspection;
B. Employee Right to Know and AWAIR;
C. Emergency Action Plan and Blood borne Pathogen Clean up;
D. Trenching Excavations;
E. Lockout/Tagout;
F. Emergency Action Plan;
(3. Personal Protective Equipment.
A safety contract would be signed with Safe Assure for one year. The contract would
include monthly in-class training seminars. All documents that are produced by Safe Assure are
for the sole and express use of the City of Columbia Heights and cannot be shared by other
division, departments, or subsidiary organizations. The training seminars may only be attended by
Public Works employees. Overall, Safe Assure provides a solid program and would be our
second choice at this time. The cost for Safe Assure is $5153.00 for one year.
SERCO Laboratories:
Serco Laboratories would continue to provide our staff members with a comprehensive
safety program. The program would include general coordination of our safety program by
providing the following services:
A. Provide Mandatory Training;
B. Facility Audits and Facility Inspections;
C. U 'tdize Outside Resources (Insurance Agent and State Grant Funds)
Serco would spend one day a month coordinating the safety activities for the Public
Works Department. The service would provide a monthly one-hour training seminar, regularly
meet with Safety Committee Members, and provide Public Works with facility audits and
preparation for our safety program.
The cost for this program is $425 per month or $5400.00 per year.
Summary:
All three of the aforementioned companies bring a wealth of experience and talent to the
table. Lauren, Steve, and I believe that Integrated Loss Control, Inc. provides the most well-
rounded program and is supported by credentialed staff members. We feel that ILC. Inc. provides
a safety package that will be beneficial to the Public Works Department. Although ILC is the
most expensive of the three programs, we believe that the initial financial investment will pay
great dividends in the years too come. It is important that we develop a sustainable safety culture
in addition to meeting our safety training requirements.
CITY COUNCIL LETTER
Meeting of: 12/13/99
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
ITEM: REPLACEMENT OF UNIT #38 VERMEER BY: K. Hansen BY:
BRUSH CHIPPER ~ .. ~..~ DATE: 12/7/99 ~ DATE:
asekgrouad:
Unit # 38, the Vermeer Brush Chipper was purchased in 1989 with a 15-year useful life projection. In the Spring of 1989, a
severe storm caused extensive tree damage City-wide. Staff made the decision to haul the tree debris to the Municipal Service
Center and stockpile it with the understanding that a contractor would be hired to haul the debris away. Circumstances changed
and the mountain of brush was chipped by Unit #38. The brush had mixed with dirt in the yard and the pile had dried out before
chipping operations could be completed. The dirt and dry material caused extensive wear and shortened the life of the chipper.
The Vermeer Brush Chipper was purchased for $14,200 and has 1178 hours of operation. Repair costs total $16,875 over the last
10 years. In 1999, $20,000 was budgeted to replace Unit #38.
Analysis/Conclusions:
Thc brush chipper is an essential piece of equipment. It is used extensively during storm clean up operations and scheduled Wee
fflmmlng operations. Repair costs have exceeded the original cost of the chipper and although it is operating now, it produces a
poor quality chip that is undesirable for use as mulch. During a severe storm cleanup operation in 1997, the chipper had a major
mechanical failure and it was necessary to borrow St. Anthony's brush chipper to complete the clean up. Staffhas serious
concerns about the reliability of Unit #38.
Staff recommends trading in the Vermeer brush chipper Unit #38 and purchasing one new brush chipper of comparable size from
the State contract that expires January 31, 2000. On November 8, 1999, Council authorized staff to utilize the bid selection
process from the State of Minnesota Purchasing Contract for the replacement of Unit #38. Unit #38 will be disposed of by trade-
in.
Staffhas field tested and conducted operational and price comparisons on the following the following brush chippers.
Vermeer, Model 1250A Brush Chipper & Options
One year warranty on Chipper
2 year 2,000 hr. warranty on Engine
Delivery 30 days
No delivery charge per loaded mile.
$ 21,560.00
Trade-in $ - 5.000.00
Total $16,560.00
Sales Tax $ 1,076.40
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: 12/13/99
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: REPLACEMENT OF UNIT #38 VERMEER BY: K. Hansen BY:
BRUSH CHIPPER DATE: 12/7/99 DATE:
Brush Bandit, Model 200+XP Brush Chipper & Options
One year warranty on Chipper
2 year 2,000 hr. warranty on Engine
Delivery 45 to 60 days
No delivery charge per loaded mile
$ 21,739.00
Trade- in $ - 4,900.00
Total $16.839.00
Sales Tax $ 1,094.54
Morbark, Model 2100D Brush Chipper & Options
One year warranty on Chipper
2 year 2,000 hr. warranty on Engine
Delivery 30 days
Delivery charge per loaded mile $2.00
$ 23,590.50
Trade- in $ - 4.800.00
Total $ 18,790.50
Sales Tax $ 1,221.38
Staff recommends the purchase of Brush Bandit Model 200+XP based on its performance during the field demonstration, (it
produces a 5/8" chip that is desirable for use as mulch), safety features, mechanical accessib'tlity, and operator training program.
Recommended Motion: Move to purchase one (1) new Brush Bandit Brush Chipper, Model 200+XP, from Aspen Equipment
of Bloomington Minnesota, under the State of Minnesota Purchasing Contract in the amount of $16,839.00 plus trade-in and sales
tax, with the costs to be appropriated from Capital Equipment Replacement Fund 431-46102-5180.
I~.'jb
99-343
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of.' 12/13/99
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: '" A'~ PUBLIC WORKS~ J~~h
ITEM: CHANGE ORDER #1FOR WATER METER BY: K. Hansen I/P' BY:
REPLACEMENT PROGRAM DATE: 12/8/99 DATE:
BaekgFound:
The City Council approved the Water Meter Replacement Program at their meeting of Febrtutry 22, 1999. The project includes the
replacement of a/1 residential water meters with new radio-rend meters by US Filter. Work began on this project this summor and
over 5,000 meters have been installed as of December 1, 1999.
Analysis/Conclusions:
The original proposal from US Filter dated February 15, 1999, proposed 5,500 Sensus SRII meters at $75.00 per meter. The
original request for proposals, proposal form and signed contrnct did not have eny provisions for any size differences then the
single meter rate quoted, assumed nt 5/S-inch. After the installation program began, US Filter requested direction on existing 3/4
and 1 inch meter replacements. Staff felt it was appropriate to replace in-kind. To dnte, 614 3/4-inch and 28 1-inch meters have
been installed. US Filter informed the city that the bid price was for 5/8-inch meters ns a standard. Pricing differences (discounted)
flora US Filter adds $16 (3/4-inch) and $43(1-inch) to the contract unit price of $75 per meter. Staff is estimating that upon project
completion a total of 700 meters will be installed other than 5/8-inch. This will correspond to an additional cost of $12,000.
It should be noted that revenue will be generated from the salvage of used meters and the rental of the Prestemon Park buiMing in
excess of $10,000 (estimated).
Staff is recommending approval of change order number 1 in an amount of $12,000. A copy of the revised bid pricing for 3/4-
inch and 1-inch meters from US Filter is attached.
Recommended Motion: Move to authorize Contract Change Order No. 1 for 3/4-inch and 1-inch water meter replacements in the
amount of $12,00.00 to US Filter, with funding out of the Water Meter Replacement fund, 651-49460-5130.
Attachment:
US Filter Letter
Change Order No. 1
COUNCIL ACTION:
33~ P~ JUL 23 '99 1/):13
15801 WEST 7811~ $1~EET TEt. fflq. tC)~ 612.937.96~6
EDEN NAli~. ~ $$344.1B94 FACSIIWJ.! 612.937-~65
July 23, 1999
City of Columbia Heights Public Works Dept.
Atm, Mr. K~win Hansen, P.E.
Columbia Heights, IKN 55421
Re:PHcing for %" and I" water meters and meeting recap.
Tlumk you for your understanding wi~ rngmrds tothe ~" and 1" meter pricing problem
that has ~.vdoped. We now anctipate pedmps u many as 100~ installations needing the
larger meters. Please review the followin8 pricing:
W' SP, II ECR I000 ~llon meter ......................................... S 91.00ca
1" SR II ECR 1000 gallon meter ......................................... $ !18.00 es
The above pricing incorporates a relational discount to the price set for the 5/8" meters
from Sensus Technologies and an additional discount from US Fitter. Hopefully, this
adjustment il manageable and acceptal~le Please call with an acknowledgement at your
earliest convenience.
We have · list of ·il meters five years or less in qe and re~ister replacements will begin
immediatdy. To my knowledge, the only meter ~ with · customer to dire was the
meter brought to the meeting this last Wednesday. All of the installers understand that
all scrap meters m'e to bc collected and accounted for.
Thank you.
Ed Wiegert
USF
CHANGE ORDER NO. 1
Project: Water Meter Replacement Program
City Project:
Owner: City of Columbia Heights
637 380, Avenue N.E.
Columbia Heights, MN 55421
Contractor: US Filter
15801 West 78* Street
Eden Prairie, MN 55344
You are directed to make the following changes in the Contract Documents:
Description: Unit Pricing Adjustments.
Purpose of Change Order:
The contract has been modified to include the following:
Unit pricing cost adjustment to account for 3/4 and I inch meters.
CHANGE IN CONTRACT PRICE
Original Contract Price:
$1,242,500
Previous Change Orders No. __ to No.
Date of Issuance: December 13, 1999
Engineer: City Engineer
CHANGE IN CONTRACT TIME
Original Contract Time: N/A
Net Change from Previous Change Order:
Contract Price Prior to this Change Order:
$1,242,500
Contract Time Prior to this Change Order:
Net Increase of this Change Order:
$12,000
Contract Price with all Approved Change Orders:
$1,254,500
Reco~nd:~
¢iJy/Eng
Net Increase (Decrease) of Change Order:
N/A
Contract Time with Approved Change Orders:
N/A
Approved
By:
(Contractor)
Approved By:
Gary Peterson, Mayor
Approved By:
Walter Fehst, City Manager
Date of Council Action
12/13/99
Attachment to Chnnge Order No. 1
City Project
City of Columbia Heights
Contractor: US Filter
Project:
Water Meter Replacement Program
Description of Chanl~s:
Unit price adjustments for 3/4 nnd 1 inch meters.
Item No. ][~m Description Unit Ouanti_ty Unit Price
1 3/4" SRH Meter EA 670 16*
2 1" SRII Meter EA 30 43*
Total Estimated Price
$10,720
$1~80
* Cost added to the bid price of $75 per meter
TOTAL CHANGE ORDER NO. 1: $12,000
CITY COUNCIL LETTER
Meeting of: 12/1~/99
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
ITEM: CHANGE ORDER N0. 1ANDFINALPAYMENT BY: K. Hansen~ ~.-. BY'
FOR MISCELLANEOUS CONCRETE PROJECT 09900
Background:
The Contractor has completed the 1999 Miscellaneous Concrete Repairs and Installations. This annual program consisted of curb
and gutter, street, alley, driveway and sidewalk improvements/repairs throughout the City. A spreadsheet with the fund
distribution is attached.
Analysis/Conclusions:
The final compensating change order, attached, modifies the contract to include additional quantities for repairs due to water main
breaks, street and alley repairs, and replacement of hazardous sidewalk. Staffrecommends approval of Change Order #1.
Staff is recommending approval of final payment to Ron Kassa Construction, Inc. and acceptance of the work. A copy of the final
payment voucher and the Engineer's Report of Final Acceptance is attached.
Recommended Motion: Move to authorize Contract Change Order No. 1 for additional work added to the contract by the City to
Ron Kassa Construction, Inc. in the amount of$8,236.11 with funding out of the appropriate funds.
Recommended Motion: Move to accept the work for 1999 Miscellaneous Concrete Repairs and Installations, City Project ~9900
and authorize final payment of $755.21 to Ron Kassa Construction, Inc. of Elko, Minnesota.
Attachment:
Fund Distribution Spreadsheet
Change Order
Payment Voucher
Engineer's Report of Final Acceptance
COUNCIL ACTION:
Z
0
Z
CHANGE ORDER NO.
Project: 1999 Miscellaneous Concrete Repairs and Installations
Owner: City of Columbia Heights
637 38a Avenue N.E.
Columbia Heights, MN 55421
Contractor: Ron Kassa Construction, Inc.
6005 250a Street East
Elko, MN 55020
II I
Date of Issuance:
Engineer: City Engineer
City Project: 9900
You are directed to make the following changes in the Contract Documents:
Description: Change in original contract price to compensate for additional work added to the
contract by the City.
Purpose of Change Order: The contract has been modified to include additional quantities for repairs
due to water main breaks, street and alley repairs, and replacement of hazardous sidewalk.
CIIANGE IN CONTRACT PRICE
Original Contract Price:
$ 6,868.OO
to No.
Previous Change Orders No.
None
Contract Price Prior to this Change Order:
$ 6,868.00
Net Increase of this Change Order:
$ 8,236.11
Contract Price with all Approved Change Orders:
$15,104.11
Recommended
By:.
Assistant City Engineer
I
Approved By: Approved By:
Gary Peterson, Mayor
Walter Fehst, City Manager
CHANGE IN CONTRACT TIME
Original Contract Time:
Net Change from Previous Change Order:
Contract Time Prior to this Change Order:
Net Increase (Decrease) of Change Order:
Contract Time with Approved Change Orders:
Approved
By:.
Ron Kassa Construction, Inc.
,
Date of
Council Action
Attachment to Change Order No. 1
City Project 9900
Page of 1 of 1
Owner:
Contractor:
Project:
City of Columbia Heights
Ron Kassa Construction, Inc.
1999 Miscellaneous Concrete Repairs and Installations
Description of Changes:
The Public Works Department requested these items be replaced.
1
2
3
4
5
6
7
8
Item Description Unit Ouantitv
Remove curb and gutter L.F. 48
Construct concrete curb and gutter L.F. 78
Remove alley/apron S.F. 364
Construct 8" concrete alley/apron S.F. 364
Remove driveway/apron S.F. 547.5
Construct driveway/apron S.F. 655.1
Remove sidewalk S.F. 412
Construct sidewalk S.F. 412
Unit Price
$ 7.00
$16.00
$ 1.40
$ 3.80
$ 1.30
$ 3.60
$ 1.20
$ 2.90
Total
Estimated Price
$ 336.00
$1,248.00
$ 509.60
$1,383.20
$ 711.75
$ 2,358.36
$ 494.40
$1,194.80
Total $ 8,236.11
CITY OF COLUMBIA HEIGHTS, MN
FINAL PAYMENT
1999 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS
MUNICIPAL PROJECT ~3900
Ron Kassa Construction, Inc.
6005 250th Street East
Elko, MN 55020
No. ~
298.0 L.F. $7.00
328.0 L.F. $16.00
404.0 S.F. $1.40
404.0 S.F. $3.80
557.5 S.F. $1.30
665.1 S.F. $3.60
622.0 S.F. $1.20
622.0 S,F. $2.90
1 Remove curb and gutter
2 Construct curb and gutter
3 Remove alley/apron
4 Construct 8" concrete alley/apron
5 Remove driveway/apron
6 Construct 6" concrete driveway/apron
7 Remove sidewalk
8 Construct 4" concrete sidewalk
TOTAL BID COMPLETED TO DATE
MINUS WITHHOLDING (5%)
MINUS PREVIOUS PAYMENTS
TOTAL DUE
I hereby certify to the City Council of Columbia Heights that I have been in charge ot the work
required by the above contract; that all work has been done and performed as measured by
and in,.,ac~tordance with a~d pursuant to the terms of said contract.
I accept the above payment for the work done under this contract.
Total
$2,086.00
$5,248.00
$565.60
$1,535.20
$724.75
$2,394.36
$746.40
$1,803.80
$15,104.11
$o.oo
($14,34S.90)
$755.21
RON KASSA CONSTRUCTION, INC. DATE
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY, MINNESOTA
ENGINEER'S REPORT OF FINAL ACCEPTANCE
1999 IMPROVEMENT PROJECTS
CITY PROJECT NUMBER 9900
December 10, 1999
TO TUE CITY COUNCIL
COLUMBIA HEIGHTS, MINNESOTA
HONORABLE MAYOR AND CITY COUNCIL MEMBERS:
This is to advise you that I have reviewed the work under contract to Ron Kassa Construction,
Inc. The work consisted of curb and gutter, street, alley, driveway, and sidewalk
improvements/repairs throughout the City. The contractor has completed the project in
accordance with the contract.
It is recommended; herewith, that final payment be made for said improvements to the contractor
in the amount as follows:
ORIGINAL CONTRACT PRICE
CHANGE ORDERS
FINAL CONTRACT AMOUNT
FINAL WORK APPROVED
ALL PRIOR PAYMENTS
BALANCE DUE
Sincerely,
CITY O~F COLUMBIA HEIGHTS
City Engineer
$ 6,868.00
$ 8.236.11
$15,104.11
$15,104.11
$14.348.90
$ 755.21
CITY COUNCIL LETTER
Meeting of: 12/13/99
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
ITEM: FINAL PAYMENT FOR RE-ROOFING BY: IC
OSTRANDER, SILVER LAKE BEACH AND KEYES DATE: 12/8/99'"-~ :
PARK BUILDINGS
Background:
All work has been completed on the m-roofing of the park buildings at Ostrander, Silver Lake Beach, and Keyes Park. The work
included removal of the existing roof materials, new roofing felt, water and ice barrier, shingles, vent stacks and aluminum facia.
In addition, exposed beams and column were removed f~om the entrance at Keyes. Attached herewith is an invoice for City
Project Numbers 9814, 9815 and 9816, for the roofing of Ostrander, Silver Lake Beach and Keyes Park buildings, respectively.
Analysis/Conclusions:
The work has been completed and is being presented to the City Council for acceptance and final payment. The Engineer's
Report of Final Acceptance is attached.
RECOMMENDED MOTION: Move to accept tbe work for City Projocts #9814 Osmmder, ~9815 Silver Lake Beach and #9816
Keyes park buildings; and to authorize final payment of $3,412.00 to AH American Roofing-Remodeling of Blaine, Minnesota.
Attachment:
Invoice
Engineer's Report of Final Acceptance
COUNCIL ACTION:
Ali Amertcen RoM & Flemod.
· JanIN M. Pie'sm[
4112 971h Ln. HE
BleM. MN 5S014
¢.L,
THIS SUP
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY, MINNESOTA
ENGINEER'S REPORT OF FINAL ACCEPTANCE
PARK BUILDING ROOFING PROJECTS
CITY PROJECT NUMBERS 9814, 9815, AND 9816
December 8, 1999
TO THE CITY COUNCIL
COLUMBIA HEIGHTS, MINNESOTA
HONORABLE MAYOR AND CITY COUNCIL MEMBERS:
This is to advise you that I have reviewed the work under contract to All American Roofing-
Remodeling. The work consisted of tear-off and roofing Ostander, Silver Lake Beach and Keyes
Park buildings. Each park building had new vent stacks, roofing materials and aluminum fascias
installed. In addition, exposed beams and column were removed from the entrance at Keyes.
The contractor has completed the project in accordance with the contract.
It is recommended; herewith, that final payment be made for said improvements to the contractor
in the amount as follows:
ORIGINAL CONTRACT PRICE
CHANGE ORDERS
FINAL CONTRACT AMOUNT
$12,512.00
$ 2.4oo.0o
$ 14,912.00
FINAL WORK APPROVED
ALL PRIOR PAYMENTS
$14,912.00
$11.500.00
BALANCE DUE
$
City Engineer
CITY OF COLUMBIA HEIGHTS
Meeting of: December 13, 1999
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER
NO: ~'b ]~-l~ Cornl~,uni~ Development APPROVAL
ITEM: Extend Memorandum of BY: Kenneth R. Anderson ~ _BYJ~~j~
Unde .r~m~g with Real Estate Equities DATE: December 7~ !999
BACKGROUND/ANALySIS: In February the City of Columbia Heights entered into a
Memorandum of Understanding (Preliminary Agreement) with Real Estate Equities Development
Company. The purpose of the Memorandum of Understanding was to identify certain responsibilities
for development activities, timelines, and planning related to the Transition Block Redevelopment
between 41= and 42'a Avenue NE on property primarily owned by NEI College of Technology. This
proposed project was one of the recommendations offered by the Minnesota Design Team during their
visit in May, 1998. The City has received a Livable Communities Demonstration Account (LCDA)
grant in the amount of $575,000 to facilitate this redevelopment project. The Memorandum of
Understanding was approved by the City Council on February 8, 1999. This Agreement allows the
developer to pursue additional funding sources and to prepare a preliminary design proposal, financing
plan and cost analysis, and perform other development activities. We have attached for your information
a copy of the approved Memorandum of Understanding as well as a letter from the City Attorney dated
January 28, 1999 regarding the initial approval of the memo. The developer requested an extension for
an additional 90 days which was approved by the City Council on August 23, 1999.
RECOMMENDATION: The EDA is recommending the motion listed below be approved by the City
COuncil. This motion will extend The Memorandum of Understanding seven (7) months to June 9, 2000
for start of construction. The extension to the Memorandum of Understanding (Preliminary Agreement)
will allow additional time to prepare cost estimates, financial analysis, site plarming and further
negotiate necessary options and agreements for property acquisition.
RECOMMENDED MOTION: Move to approve the extension of the Memorandum of
Understanding (Prel~ Agreement) between the City of Columbia Heights and Real Estate Equities
Development Company for the LCDA Transition Block redevelopment project for up to an additional
seven months to June 9, 2000 for start of construction; and furthermore, to authorize the Mayor and City
Manager to enter into an agreement for the same.
COUNCIL ACTION:
h~\ltrS_23_99extmemagree ......
CITY ~O~NCIL LITTER
Meeting of: December 13, 1999
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER' S
No: h'% CiTY AGER' S
ITEM: TAXICAB RATE INCREASE BY: WALT FEHST
NO: DATE: 12-7-99
BackGround
Attached is a copy of a request from Suburban Taxi Corporation for an increase in taxi meter
rates. The present ordinance regulating the inspection and licensing of taxicabs requires in
Section 5.603 (5)e that rates charged by taxicabs licensed under this section for conveyance
in this city shall be fixed by annual resolution of the council. Rates have not increased in
Columbia Heights for several years, and increases in several suburbs and central core cities
including St. Paul have begun in the last few months.
RECO~9~ENDED MOTION: Move to waive the reading of the resolution, there being ample copies
available to the public.
RECO~94ENDED MOTION: Move to adopt Resolution 99-
Rates in the City of Columbia Heights, Minnesota.
, Being a Resolution Setting Taxi Cab
COUNCIL ACTION:
RESOLUTION 99-10S
RESOLUTION SETTING TAXI CAB RATES
IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
BE IT RESOLVED, by the City Council of Columbia Heights, Minnesota, that rotes for
all licensed taxi cab companies operating in the City of Columbia Heights, be set at:
$2.0Othe first 1/8 of a mile
$.20 each additional 1/8 of a mile
$21.00 per hour of waiting time including time lost in delays
to be effective December 14, 1999.
Passed this 13th day of December, 1999.
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
TAXI CORPORATION
3315 North Second Street
Minneapolis, Minnesota 55412
Tel. 612-588-0000
Fax. 612-588-0339
NOTICE OF TAXI METER RATE
CHARGES BASED ON TIME AND MILEAGE
$ 2.00 1s~' 1/8a~a OF MILE
.20 EACH ADDITIONAL 1/8m OF MILE
$ 21.00 PER HOUR OF WAITING TIME INCLUDING TIME LOST IN DELAYS
NO MINIMUM FARE
CC: CITY OF COLUMBIA HEIGHTS 11/99
CITY OF COLUMBIA HEIGHTS
TO:
FROM:
DATE:
RE:
MAYOR AND CITY COUNCIl.
WALT FEHST, CITY MANAGER
NOVEMBER 7, 1999
DISSOLUTION VOTE FOR THE COLUMB~ HEIGHTS CHAMBER OF
COMMERCE
Back~ound
I have attached a letter sent by the Chamber of Commerce's President, John Slama, regarding the
Chamber meeting at Murzyn Hall on December 15~ at 12:00 noon. AH chamber members will
have an opportunity to vote on the dissolution of the Chamber of Commerce for Columbia
Heights. A two-thirds majority vote of the members in attendance at this meeting is required for
such an action.
In the letter, he cites the various alternative advantages for dissolution and is recommending that
members join the Southern Anoka County Chamber of Commerce for its increased siZe and paid
staff, etc.
Since the City of Columbia Heights is a member of both Chambers of Commerce, I am not
particularly concerned about our involvement in local business affairs. My only concern stems
from the fact that an organized business community is essential at times for representing a certain
major interest in the community, and should definitely be heard from in this regard. I would point
out one specific example, at least, that had some impact on the City Council and the EDA, This
was regarding the Chamber's support for the bus transit hub, which begins construction some
time later this month and early next year. Without their support, this item could have been
bogged down and not passed. Furthermore, we do have major improvements planned for Central
Avenue, which would include the possibility of a service tax for businesses. These improvements
would include aesthetic and environmental improvements adjacent to Central Avenue that could
not be paid for by state aid funds. It would be our intent to keep these costs to a very bare
minimum for our businesses. However, it would provide them buy-in as to how things are
designed and improved on the boulevard, and it would be valuable to have their organized input.
That being said, there are major advantages to being a member of the Southern Anoka County
Chamber, as stated by John Slama. If the chamber members were to vote for dissolution of their
local chamber on behalf of entering the Southern Anoka County Chamber, it would be my hope
that the local businesses would still involve themselves to some extent in local affairs of the City.
This could take the form of a Downtown Development Council or Association.
Conclusion
The advantages and disadvantages of having a local Chamber of Commerce can be debated. I
personally believe that it's better to have a chamber, even if it is a loosely formed association, ff
the chamber is to disband, however, I would suggest the Council consider appointment of a
Downtown Business Council that could review and advise the Council in the future on items of
mutual benefit.
For now, I would recommend that the council cast their vote in the negative regarding disbanding
the Columbia Heights Chamber of Commerce. I do recognize, however, that chamber members,
especially the leadership, may not be interested or willing to continue to expend more energb, to
sustain chamber goals. If this is the case, any successes in the future would be short-lived. That
would be unsuccessful in the long haul anyway.
Reconun0ndation
The Council of the City of Columbia Heights direct the City Manager to vote in the negative on
the dissolution of the local Columbia Heights Chamber of Commerce at the December 15~
Chamber meeting.
From: John Slama Fax: +1(651)7700330 To: Walt Fehst Fax: +1(612)7822801 Page 2 o[ 2 Saturday, IJecemDer [)4, 1999 1Z:U6 PM
D~m~ ~, 1999
Attention Columbia Heights Chamber Membexs:
Please plan on attending our membership meeting/luncheon on December 15 to vote on
the future of your chamber. Thc meeting will be l~ld in Murzyn Hall at noon. A ballot
will be taken of members in attendance at this meeting to give the board of directors the
authority to dissolve this chamber. A two-thirds majority vote of members in attendance
at this meeting is required, and there is no provision for a proxy vote. A copy of an
article to be included in the December newsleRer is provided here for additional
information. Every vote counts towards an accurate representation of thc membership
and the future of chamber represenlation in Columbia Heights.
John $1ama, 1999 Chamber President
A Message from Your Chamber President
Decembers membership meeting on the 15* at Murzyn Hall is a crucial event for chamber members. A ballot will
be conducted to determine whether the Columbia Heights Chamber of Commerce should continue as a business
organization. It is impommt for all members to attend.
We will be voting as a mcmbenhip to empower thc board of directors to dissolve the chamber. A two-thirds
majority vote of members in attendance at this meeting is r~quired for such an action. There will be no provision for
a proxy vote.
This is not a vote for merger with another chamber, although we will eagoumge members to join the Southern
Anoka County Chamber should the memb~hip vote for dissolution. Southern Anoka is recommended for s~vera!
· Geographic location: Columbia Heights is the southern-most city in Southern Anoks County
· Membership: A large share of Co]umbla Heights chamber mcmbcrs arc alrcady members of Southern Anoka's
chamber including representation m leadership positions (Our very own Lan7 Pietrmk f~om Northeast Bank is
1 '~ Vice Chair.) , .
· Benefits: With a membership base eight-times the size of ours, Southern Anoka's chamber offers greater
opportunities for networking and member participation, Tbeir greater fmancisl resources provide members
with an office location (Fridley), information resources (physical and lntemet Web-site), and full end part-time
staff to conduct chsmbcr business and interface with representatives of busirgss and local governments
The Southern Anoka chamber has indicated a high degree of commitment to its Columbia Heights members
and welcomes our members with open arms.
Should the membership vote for dissolution, the board is responsible for dispensing the chamber's assets in a
manner consistent with the charter of our chamber. Likely uses for these assets would include projects benefiting
the Columbia Heights business community and schools. Regardless ofthe outcome of December% vote, the board is
committed to achieving a positive outcome for our membe~hip. ShoUld the memb~ship vctm against ~issolution,
we will ~ your continuing suppoR in the new millennium to sustain and grow as an organization.
President .........
N£1 Colleg~
Vice President ' ..
.~ ~lward lones lnCestmen~ ....
:First Comm,ntty Cre~'i! Union 6i,
Crest View Corporation §12-~,82-10.~1~ *~
Board
-.., .'. . . , ~,.'~:'.-' ~ .~
Joe Schmidt .... ,;;~ Dolores
Budget Computer '" :Je;,~:~!/,~r ...
612-788-2 ! 00 '/~''; ~
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a beautifully
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and memorabilia indud-
l(now NM). ! felt a
pride ~ ~orking for an ~tiOlll.that ~"Wlve~ ~o IDaJlltai~
.. !~ .(hose ~,a . ..tim~bU~. at our N..ovember member-
'B)'dkscuss the [uture of our chamber. I 'appreciated your
, .,a!mments and of our Columbia
~r tlmmberpmeml~*~'-~ ba!lot..wm be conducted to
' llle 'Go]-mh~...~lghts f~bamher ol Commerce
for all mem-
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CITY COUNCIL LETTER
Meetin of: DEC~ER 13, 1999
CITY MANAGER
NO: - FINANCE
ITEM: RESOLUTION CLOSING UNUSED FUNDS BY: WILLIAM ELRITE
AHD TRANSFERRING FLrND BALANCES DATE: 12/09/99 D/~ ~..
NO:
Backgr_ oud
Over the years we have created several funds for grants and other special purposes. At the present time
several of these funds are no longer needed as the grants and/or other projects have been completed and the
funds should be closed out. The attached resolution is, in essence, a year-end housekeeping activity to close
out the unnecessary funds and transfer the fund balances.
The first two items involve police grant funds. The remaining revenue in these two funds was originally
transferred in from the General Fund to meet grant matching requirements. However, as some of the
anticipated expenses were charged directly to the General Fund rather than the Grant Fund, these balances
remain and should be transferred back to the General Fund.
The next item is the Water Surface Management Fund 403. This is money that was refunded to the city from
Six Cities Watershed District in 1995. At that time the Watershed had surplus money. This redisffibution
was intended for storm sewer improvements. With the recent creation of the Storm Sewer Fund, it should
appropriately be transferred to that fund.
The next fund, Capital Improvement Fund 408, was established in the early 90's to account for state aid
money that was received in excess of state aid project costs. Money available in this fund is to be used for
general infrastructure improvements. With the creation of the Infrastructure Fund several years ago, the
remaining balance in this special purpose fund should more appropriately be transferred to the Infrastructure
Fund.
The final item is the surplus CDBG revenue that was accumulated from the repayment of the 1990 loan to
ACCAP. The total amount of the repayment with interest is $306,425.79. This was initially CDBG money
that was received directly from the Federal Government. The CDBG Fund, where the money is recorded
is CDBG-Anoka County. As the repayment of the ACCAP loan balance is not county CDBG money, it
should be segregated into a separate account. We are recommending the transfer to the HRA Loan Fund,
where it be designated for the original intent, that being revitalization or business revolving loans. As the
money does still have federal ties, at some point the City could be required to repay it to the Federal
Government, thus the balance of $306,425 should be designated by the City Council.
In summary, the attached resolution is basically clean-up of old funds that are no longer used or needed.
RECOMMENDED MOTION: Move to waive the reading of Resolution 99-xx, there being ample copies
available for the public.
RECOMMENDED MOTION: Move to adopt Resolution 99-xx, Being a Resolution Closing Unused Funds
and Transferring Fund Balances.
WE:sms/99120993COUNCtLB
Attachment
COUNCIL ACTION:
RESOLUTION NO. 99-106
RESOLUTION CLOSING UNUSED FUNDS AND TRANSFERRIblG FUND BALANCES
WHEREAS, Over the years the City of Columbia Heights has established several special purpose funds and,
WHEREAS, These funds are no longer needed for operational or accounting purposes:
NOW, THEREFORE, BE IT RESOLVED that the following funds and fund balances be closed out with
the fund balances being transferred as listed below:
Fund To Be Closed Out
Remaining Fund Balance
Federal Police Grant: Fund 272
Fast COPS Grant: Fund 273
Water Surface Management: Fund 403
Capital Improvement Fund: Fund 408
CDBG: Fund 202
$ 31,791.81
496.84
18,787.75
19,875.36
306,427.79
Transfer Balance To Fund
General Fund: Fund 101
General Fund: Fund 101
Storm Sewer Fund: Fund 604
Infias~cture Fund: FUnd 430
HRA Loan: Fund 299
BE IT FURTHER RESOLVED that the funds transferred from the CDBG Fund to the HRA Fund be
designated for loan use only and that appropriation or use of these funds requires City Council approval.
Passed this 13th day of December, 1999
Offered by: Szurek
Seconded by: Jolly
Roll Call: All ayes
Mayor Gary L. Peterson
Patricia Muscovitz, Council Secretary
CITY OF COLUMBIA HEIGHTS
INTERNAL MEMORANDUM
DATE:
AUGUST 4, 1999
TO:
WILLIAM ELRITE
FINANCE DIRECTOR
FROM:
ROXANE SMITH
ASSISTANT FINANCE DIRECTOR
Audit Management Report Resolutions and Recommended Actions
During the July 19, 1999, Council work session, the Council requested a status report on items
identified in the 1998 Audit Management Report. This memo identifies those items that relate to
the Finance Department, with possible resolutions or recommended actions. Some of these need
Council action, some need input from you, but, at the very least, this is a good starting point to
open conversations and reach subsequent recommendations.
1) Federal Police Grant (Fund 272): Closure of fund.
Recommendation: Closure of fund by transferring remaining fund balance of $31,791.81 to the
General Fund (101). The General Fund transfer to this fund in 1998 was $84,240, which is not
completely used up for the city-funded year of the Federal Police Grant. Grant is completed,
requirements met.
2) Surface Water Management (Fund 403): Closure of Fund.
Recommendation: Closure of fund by transferring remaining balance of $18,788 to Sewer Fund
602 or New Storm Sewer Fund? There has been no activity in this fund since 5/95.
3) Capital Improvements (Fund 408): Closure of Fund.
Recommendation: Closure of fund by transferring remaining balance of $19,875.36 to the
Infrastructure Fund - 430. There has been no activity in this fund since 1993.
4) Community Development Defter Fund Balance: Review with Community Development.
Recommendation: Review with Community Development the method of the allocation of Ken
Anderson's salary/benefits to various funds. Determine funding source/transfer for this deficit
($41,378 at 12/31/98).
5) Fast Cops (Fund 273): Close Fund.
Auditors recommended that after collection of receivable of $690.93, this fund be closed. One
officer will be posted to this fund for the remainder of 1999, per adopted budget. Fund will be
closed after 12/31/99.
RS.'jEh
9908041
City of' Columbia Heishts, Lfinnesom
Management Report, Pqe 18
Xn 1995 this fund ~ for several activities that were split out in 1996 into sepm'ate
funds. These activities include Section 8, Rental Housins, and EDA Adminif~ The HRA
f~nd now accounts for the property tax levy for Sheflidd Redevelopment sod business revolving
As addressed in our 1995 nmmsement report, we projected a fund deficit ofS15,341 at
]3~c~nber 31, 1996. Theactnal deficit at December 31, 1996 was $15,447. Wealso
1002 $627,718 $2,674
1993 40S,.,q4S (219,1'73)
1004. 268,3O'7 (140,238)
~ S3,,.q21 (214,T~6)
t996 (LS,44'/) (68,s68)
· $167,ooo lktuity ~ to split mst Pvvs
$174,000 Unfavotd~ budfet variance in mismdismous reveuno
$174,000 Unfavorddo Indpt vufJms~ in miscdimoous tuvenuo
$144,000 Bquity ~ ofACC. AP km ~
t
City of Columba ~ l~mnesota
Manag~ Report, Page
Reserve for Community Develoument - HRA C~mTM Fuud
In our 1995 Mnnageraent Repo~ we noted that the fund balance resa've for community
development reported in prior years had been excluded from the 1995 financial statem~
primarily because the origin of this reserve was not clear. We recommended that the F, DA staff
identi~ all funds which were restricted for community development. During 1996, EDA staff
CDBG funds. Therefore, a tranffer out to the CDBG fund was made in 1996 for S143,638 which
represents cunmhtive principal and kterest payments received on these loam.
There is evidence that there nay be additionnl restricted funds including possible residual
proceeds from the Downtown Developn2nt Fund which was closed into the HRA General Fund
in 1991. We reco~ that the EDA staff continue to identify any renmining r~.~ funds.
Economic Devdoument Authority
The EDAwas esmbiTM2din January 1996. TheEDAis asepnramlegal mtity from the City,
however, since the l~f~yor and City Cou~ mmbers comp~ tbe majority of the ~DA's
governing bom'd, the EDA is ~ in the City's financial statements usin8 the blended method.
The ]~DA's ~m~al smtemenM are kclud~ as Speciall/m~mm Funds on pages 104 through ll0
or'the City's CAFR.
I
I
I
I
City of Columbia Heighte
ACCAP 4641-4647 Tyler Street NE
Prepared: 11/30/99
Acqui~ition Loan
Interest/Year Principal Intereat
1990 1,259.22 12,901.74
1991 1,482.84 13,045.68
1992 1,605.92 12,922.60
1993 1,739.21 12,789.31
1994 1,883.54 12,644.98
1995 2,039.88 12,488.64
1996 2,209.20 12,319.32
1997 2,392.57 12,135.95
1998 150,387.62 6,988.62
TOTAL 165,000.00 108,236.84
Construction Loan
Principal Interest TOTAL
81.81 1,568.25 15,811.02
173.76 1,587.96 16,290.24
188.18 1,573.54 16,290.24
203.81 1,557.91 16,290.24
220.74 1,540.98 16,290.24
239.07 1,522.65 16,290.24
258.92 1,502.88 16,290.32
280.40 1,481.32 16,290.24
18,353.31 853.46 176,583.01
20,000.00 131188.95 306,425.79
Principal Repayment
Interest Repayment
185,000.00
121,425.79
306,425.79
CITY COUNCIL LETTER
Meeting of: December 13, 1999
AGENDA SECTION:
Communit~ Development' APPROVAL
ITEM: Purchase and install rooftop furnace/air BY: Mel Collova
conditioner
NO: DATE: December 10, 1999
Issue Statement:
Authorize expenditure to replace rooftop furnace/air conditioner to Fire Department.
Backl~round/Analysis:
The heat exchanger in the 20+ year old rooftop heat/cool unit for the Fire Department "living" area has
deteriorated to the point of producing carbon monoxide. Due to the age of the unit, the parts are not readily
available. If the parts were available the repairs would exceed $2,000. It is not cost effective to put that mount
of money into an obsolete rooftop heat/cool unit. Through one of the suppliers of heating/cooling equipment the
cost of a new unit is less than $2,000 and the unit comes with a five year all parts warranty. The Building
Official has contacted several finns including Honeywell for quotes on the labor and materials for the
replacement of the unit. At this time the Building Official is waiting for the last of four bids from Anderson
Heating and Air Conditioning. Informal bids have been received from Honeywell, Marsh Heating and Air
Conditioning, and Sharp Heating and Air Conditioning. It appears the labor costs including the use of a crane to
assist in the raising and lowering of the unit will be less than $3,000. Total costs for equipment, labor and
installation should not exceed $5,000.00.
Re~mmendation:
Request City Council authorization to approve funding to purchase and install a new rooftop furnace and air
conditioner servicing the Fire Department living quarters for a total amount not to exceed $5,000.00.
Recommended Motions:
Move to award the purchase of a 4 ton, 100,000 BTU rooftop heating and air
conditioning unit to based upon their low, qualified, responsible bid in an amount
not to exceed $ with funds to be appropriated from 101-41940-5120; and furthermore, to
authorize the Mayor and City Manager to enter into an agreement for the same.
Move to award installation of rooftop heating and air conditioning equipment to
based upon their low, qualified, responsible bid in an amount not to exceed $with funds to be
appropriated from 101-41940-5120; and furthermore, to authorize the Mayor and City Manager to enter into an
agreement for the same.
COUNCIL ACTION:
Proposal
&248 Lakehmd Av~ No~th
Brooklyn Par~ ~
l'hotm (612)
FL~: (612) ~J6-0226
mil
SPECIAL INSTRUCTIONS:
lg~O~OS~~ S~'r*'i ~a~ 'tO
:City of Colmbia Heights A~: Mel CoilOva
S'f~T
5~ ~th Ave. N. E.
Col~bia Hei~ ~ 55421
(612) 782-2818](---6~ 2) 782-28..s7
JOB, N~48
Fire Station Roof Top Unit
JO8 LOCA~OPl
11/10/99
wg ltgRgBY I'ROI~L'~ TO FUR~-S# ~_L .'~4A'rE¥x~_L .4d~D L~__m3R FOR CObIPLETION Olr Till FOLLOWING:
A. Rcplaging existing Carrier,1. ton rooftop unit with a new Carrie' rooftop unit. This anit will fit the existing
curb and duct work ope~i~s should match also. Price inciud~ unit, crane service, dmrt connections, gas piping,
labor, electrical wiring and permit.
Unit has a I0 yem' heat cxclmng~ warranty, 5 ye'dr compressor and labor warranty.
Totel inst~ll~
Note: ~ i~ an optional economizer availablc for this unit at an
$4,565.00 ~
cost 0f$703.00
B. To irmall your rooftop unit, the price includes labor, duct cormcctions, gas piping, electrical wiring md
p~t. Th~r~ wold be no labor warrmty. You would only have ~he manufacturer's warraaty on ~e unit you
purch~.
Imtalk. d price:. S2.850.00
Accept:cd by: , ,
Dam: / /
Note: This proposal malt be withdrawn
by us if not accepted within .30 darts:
Proposal
SHARP
Propo.II Submitted To:
Mel Collova
HEATING AND AIR CONDITIONING, INC.
Nama City of Columbia Hetghts
s~eet 590 40th Avenue NE
¢~,'$mm&z~ Columbia Hei~lh, ts, MN 55421
PhOne H# 782'2818 w#
We hereby prOlX3~e to furnish ali materials and peflorm all labor nece~ary for the cam
4854 Central Ave. N.E.
Mpls., MN 55421
(612) 572-0459
Date Oecember
P,~m No.:
Work Io be ~rformecl al:
Street
City & State
31etlon Of the following:
6. 1999
PAGE OF PAGES
Minneapolis License #148718
Install City's rooftop unit for Fire ,Deot area $2775
The owner is responsbile for unit sizing and for warranty of unit.
This bid includes complete installation of unit.
Alt material is guaranteed to be as specified, ~nd the above work to be parlormed in accordance with the drawings and specifications submitted for above work and
completed in a sul:~antisl workmanlike m~nner for the sum Of:
Two thousand seven hundred seventy five & no/100 doliars($ 2775.00
W'~h payments to be made as follows:
Payment due uoon comDletiorl Of wgr'k
Any alteration or de~istion from at~ve ~Icatlo~ invoMng extra cost, will be
executed only upon wrllten or~r~, and will become an extra che~ge over and adore
the estimate. All agreements contingem upon ~trihe~, ~_~nts or dolay~ beyond our
costal Owner to carry fire, tornado end ol~r rtece~a;y insurance UlXm the alxwe
wmk. Workmen's ~tlon and Public Liability Inturence on above work to be
taken o~ by SHARP HEATING AND AIR CONDITIONING CO., INC. Authorized
NOTE: This IXOlx~al may be wtthdrw~n by She~ Heating end Air Conditioning, Inc., il Signature
~acc~ted~n 20dsy~. Kevin D. Hanson
Notice
(A) Perlon$ or companies furnishing latmr er malefial~ lor the improvement of real property may ealorce a lien upon the imgroved land if they are not paid for their
(B) Mlnnesola law permits the owner to withhold from his contractor as much el the contrac113rice as may be nacassar/to meet the demands of all other lien claimants,
pay direclJy the lisr~ and de¢luct the co~t of them from the conlrecl price, or withhold amounts from his contractor until the expiration lot 120 days from the completion of
the improvement unisas the coNractor fumishe~ to the owner waivem of claims for mechanics' liens signed by persons who furnished any labor or material for the
im~ovement and ~o 9mvidad~ the owner with lamely nolice.
Acceptance of Propoa~l-
I have read the above. II I am riel the owner of the improved real prooerty I will provide
you with hie or her name and addre~ in writing within 10 days. or pay for all {:lamages,
expenses and attorney fees incurred by you. The epove p~icee, specifications and
conditions are sati~actory and are hereby accepted. You are authorized to do the work
as specified. Payment will be macle as outlined above.
'~ Date of Acceptance
Interest will be addecl if not paid at above terms at the rate of 1.5% monthly. (18% annually)
Signature
Signature
White - Original: Sharp Yellow - Customer
NOV.-10' 99(~£D1 1~:44
ENVIROMENTAL DISTRIBUTORS
TEL:6516313664
?. 001/012
FAX
2230 Terminal Road
(651) ~$1-S~62 -
Toll
NOV.-lO'991WED! 15:44 ENVIROMENTAL DISTRIBUTORS TEL:6516313564 P. 002/012
10 SEER ~ (~
GAS I ELECTI=JC PACKAGED AIR CONDITIONING
2 THROUGH 6 TON
· se~~ Hml~ mci ~ Unit
· I.P.G.~ Convers~n Kits
· Con~nlri~ ~
· Momdzed hsh .r ca.~ e)-2~)
r. amk~ c~
· Powder Pllfll IBintlll wllh 800 hr. hit ~lxeY ilpprovll
· Fully ir,,-.dllmcl idll ~ of fll:Nl~lm
CITY COUNCIL L~"TER
Meeting of.' December 13, 1999
AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER
NO:
APPROVAL
ITEM: Purchase ofworkstati0ns and office BY: Kenneth R.---- F~And~ BY,'~~O/ ~[
NO: DATE: December 10~ 1999
Issue Statement: Authorize expenditure to acquire workstations and office furniture for clerical staff.
Background: The Community Development Department clerical staffhave reviewed several proposals to
acquire workstations and other office equipment to improve the operational efficiency and ergonomics for the
clerical staff. The existing layout is inefficient in that it does not permit the Community Development Secretary
and the Assistant Building Inspector/Permit License Clerk to observe the public service counter. The staff'has
evaluated bid proposals from General Office Products to reconfigure the existing workstations to improve
visibility, work operations, and create another work station for the half time Permit License Clerk. Option 1 was
$4,705.05 and Option 2 was $6,322.77, both excluding sales tax and conference room furnishings. The proposed
layout does not achieve the desired results. Office Depot prepared a description and cost estimate for acquiring
new workstations and aligning the open portions of the workstations in such a manner that both the Community
Development Secretary and the Assistant Building Inspector can observe the public service counter.
Furthermore, the copier and fax machines would be more centrally located to provide easier access to persons
being assisted at the public service counter as well as staffin other offices within the department.
The proposal prepared by Office Depot includes a total delivered cost, excluding installation, of $4,591.00. In
addition to this amount, staffis proposing the acquisition of one oval conference table and four chairs, for a total
cost of $993.00. This conference table is proposed to be placed in the office currently occupied by the Section 8
staff. The total cost, as proposed, would be $5,584.00 plus tax.
Recommendation: Request City Council's authorization to approve the funding to purchase BPI Systems
Furniture from Office Depot in the total amount of $5,584.00 plus tax. The 1999 approved budget included
sufficient funds in a number ofdeparirnents to finance the acquisition of replacement office workstations and
furnishings.
Recommended M0tio~: Move to award the purchase of workstations and office furnishings to Office Depot
based upon their low, qualified, responsible bid in the amount of $$,584.00, plus tax, with monies to be
appropriated from proper funds; and furthermore, to authorize the Mayor and City Manager to enter into an
agreement for the same.
Attachments:
1. Cost estimate
2. Proposed floor plan and side view images
COUNCIL ACTION:
Business Service. Division
CITY OF COLUMBIA HEIGHTS
We are pleased to quote on the following BPi Systems Fumiture.
QTY PRODUCT 1 CP66
1 CWB2
2 CWR6024T
1 CWS4630D
~ 2 ESP24BM
1 HBK48
I HBK72
I LF342
2 LL6624
I LL6630
1 LL6660
1 MS2430DL
1 PH48S
I PH72S
2 PSC60ST
1 WCR4230T
2 W1.18
~ 1 WR6630T
2 WS5430D
1 WX4830T
DESCRIPTION NET
ConnectOr Post Kit, High $ 60.00
Cantilever Worksurface Bracket $ 20.00
Rectangular Worksurface, 60W $ 245.00
Worksurface, Curved Comer 48x30 $ 639.00
Mobile Steel Pedestal, 24D $ 406.00
Steel Shelf Back w/Tackboard, 48W $130.00
Steel Shelf Back w/Tackboard, 72W $160.00
Lateral File, 3-Drawer, 42W $ 990.00
Straight Fabric Panel, Non-Rcw $ 305.00
Straight Fabric Panel, Non-Rcw $ 317.00
Straight Fat)dc Panel, Non-Rcw $ 409.00
Desk Mounted Return WS Left, 24Wx30D $ 227.00
Steel Hutch w/Locking Doom, 48Wx14 $ 335.00
Steel Hutch w/Locking Doors, 72Wx14 $ 465.00
Hanging Storage Cabinet, Paint $ 420.00
FS Comer Worktable, Radius US $ 575.00
Worktable Leg, Desk Height, 18W $ 95.00
Rectangular FS Worktable, 66W $ 400.00
FS Worksurface, 54Wx30Dx29 3/4H $ 380.00
Freestanding Worktable Ext Return $ 295.00
EXT.
80.00
20.00
490.00
639.00
812.00
130.00
160.00
990.00
610.00
317.00
409.00
227.00
335,00
465.00
840.00
575.00
190.00
400.00
760.00
295.00
TOTAL LIST $ 8,744.00
SELL PRICE $4,285.00
FREIGHT $ 306.00
TOTAL PROJECT DELIVERED
$ 4,$gl.00
Installation not included
One 0val Conference Table (1 pc.) $ 329.00
Global Chairs ~ $166 per Chair $~.. 664.00
ADD:
Four
Russ Hansen
Furniture Account Manager
$ 993.00
TOTAL $5,584.00 plus tax
1105 Xenium Lane · Suite 100 · Plymouth. MN 55441 * (612) 513-4058 * Fax: (800~ 592-4555
10/28/99 16:17 FA/ 612 339 4390 KODRICH ASSOC. ~05
· 10/28/99 16:17 FAX 612 339 4390 KODEICH ASSOC. ~04
'il
10/28/99 16:17 FA.-~ 612 339 4390
/
KODRICH ASSOC.
~.]03
·
,
,f i
;
ELECTRICAL SYSTEM
QUALITY UL.LISTED ELECTRICAL COMPONENTS ARE USED IN
OUlq EIGKT-WIRE, FOUR-CIRCUfT SYSTEM.T)41$ HEK. F$ ENSUAE
TROUELE-I#SE ELECTRICAL DIS~IeUTION. COMPU~A$ gUN ON
A SE~RA~ i~LATED CmCUJTTO PAO~DE PR~ON F~
SENS~IVE EQUIPMENT.
$1NGLI-POST CONNIrCTOR
AN tNNOVATIVS SINGLE-POST CONNECTOR, USED IN ALL PANEL
CONFIGURATIONS, MAKES INSTAL~,.ATION AND REDIrSIGN QUICK
AND SIMPLE. STRAIGHT CONNECTO/~$ SHIP WI~H E1/~RY PANEL
, · ~ND hle~D~ ,1~ lE SI~ClFIED.
TEN-YEAR WARIqANTY
COLUMBIA IIEIGI~S - CITY COUNCIL LETTER
Meeting of: December 13, 1999
AGENDA sEcTioN: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: ~-~-'~ C1TYMANAGER'S APPROVAls,.. ~
NO: ..... , ,
The next regular City Council meeting is scheduled for Monday, December 27, 1999. Duc to the close
proximity in time to the holidays, City Council members roquested the opportunity to decide if the
second meeting in December was necessary. Staff was informed of the possible cancellation of thc
December 27e meeting and have attempted to include all upcoming items on this current agenda or hold
items until January 10'~, 2000.
Cancellation of the December 27, 1999 meeting would not be a problem for City staff.
RECOMMENDED MOTION:
Move to authorize the Mayor and City Manager to post cancellation of the previously scheduled
December 27, 1999 City Council meeting.
COUNCIL ACTION:
~: \ 9 9 - 12 -'13meet ingcancel '
CITY COUNCIL LETTER
Meeting of: December 13, 1999
AGENDA SECTION: ~ ORIGINATING DEPT.: ~ CITY MANAGER--
NO: ~ - % License Department '- APPROVAL
ITEM: License Agenda BY: Kathryn Pepin/~
NO: DATE: December 13, 1999 ~6/1~'~%~,~! !
~ACKGa0UND A~ALYSlS
Attached is the business license agenda for the December 13, 1999 City Council
meeting.
The applications that appear on this agenda are renewals for the 2000 license year.
Please note that the Columbia Heights Lions Club is requesting a waiver of their
license fees for Club On Sale Liquor with Sunday sales which would total $500. A copy
of their request for waiver is attached.
Also included is a first time request for a license by Sun-Ripe Citrus to operate as
a transient merchant selling citrus fruit from their truck in the Columbia Heights
Mall parking lot the first Thursday of each month, December 1999 thru March 2000, for
two hours each morning.
I would like to call your attention to individual council letters pertaining to
tobacco/cigarette sales. They have been referred to the City Council by the Police
Department without a recommendation due to the fact that there have been citations
issued for sales to minors. Included with the individual information is a copy of the
section of City Code regulating tobacco sales. I am requesting individual motions for
each address.
For your information, there are still a number of license applications that have not
completed the process and, therefore, are not on this agenda including most of the
liquor license holders.
At the top of the license agenda you will notice a phrase stating '*Signed Waiver Form
Accompanied Application . This means that the data privacy form has been submitted
as required. If not submitted, certain information cannot be released to the public.
RECO$~h'DED
Move to approve the items as listed on the business license agenda for December 13,
1999 and to waive the fees for the Columbia Heights Lions Club.
COUNCIL ACTION:
TO CITY COUNCIL December 13, 1999
*Signed Waiver Form Accompanied Application
2000 BUSINESS LICENSE AGENDA
APPROVED BY
BUILDING OFFICIAL
CONTRACTORS
*Alpha Mechanical
*Tim's Tower Service
*Zell Plumbing
ADDRESS
15167 Fillmore St.
310- 60~" St. N.W.
8920- 27~ St. N.
FEES
~ 50.00
50.00
50.00
POLICE, FIRE, BUILDING
ge
ge
ge
OFF SALE 3.2 BEER
*Barbara Carroll dlbla Dick's Place
*Jeffrey D. Bah! d/bla AutoWorld
*Rainbow Foods
*Sikander Dar d/b/a Totem Foods
*Cheeseburger, Inc. d/bla Tycoon Tavern
*Speedway/Superamerica LLC
*Thao Yang d/b/a Best Market
547 N.E. 40~" Ave.
3701 Central Ave.
4300 Central Ave.
4835 Central Ave.
4952 Central Ave.
5000 Central Ave.
4901 University Ave.
100.00
100.00
100.00
100.00
100.00
100.00
100.00
POLICE, FIRE, BUILDING
ON SALE 3.2 BEER
'Barbara Carroll dlbla Dick's Place
*Cheeseburger, Inc. dlbla Tycoon Tavern
547 N.E. 40~ Ave.
4952 Central Ave.
100.00
100.00
POLICE DEPARTMENT
ge
ge
CIGARETTE/TOBACCO SALES
*Horizon Pharmacies d/bla Stroncek Drug
*Rainbow Foods
*Sarna's Tobacco
*Totem Superette
*AutoWorld
*Best Market
*K-Mart Corporation
4027 Central Ave.
4300 Central Ave.
4329 Central Ave.
4835 Central Ave.
3701 Central Ave.
4901 University Ave.
4747 Central Ave.
100.00
100.00
100.00
100.00
100.00
100.00
100.00
POLICE DEPARTMENT
#
ge
GAMES OF SKILL
*American Amusement Arcades
*American Amusement Arcades
*American Amusement Arcades
*Metro Coin Company
2101 N.E. 37~ Place
3919 Central Ave.
4005 Central Ave.
4300 Central Ave.
90.00
105.00
135.00
30.00
Page 2
APPROVEDBY
GAMES OF SKILL
ADDRESS
FEES
*Mendota Valley Amusement
*Metro Coin Company
*Mendota Valley Amusement
*Metro Coin Company
*Jimmy's Pro Billiards
*Jubilee Music Company
4448 Central Ave.
4747 Central Ave.
4811 Central Ave.
5025 Central Ave.
4040 Central Ave.
4952 Central Ave.
80.00
30.00
135.00
30.00
485.00
75.00
COURTESYBENCHES
CITY ENGINEERING DEPT.
*U.S. Bench Corporation
22 various locations within the city
550.00
GASOLINE SALES
ADDRESS
FEES
FIRE DEPARTMENT
*AutoWorld
3701 Central Ave.
$180.00
CLUB ON SALE LIOUOR
POLICE DEPARTMENT
#
*Col. Heights V.F.W. Post 230
*Col. Heights Lions Club
'1.'!.~.6 Central Ave.
530 Mill Street
$300.00
REQUEST FEE WAIVER
oN SALE INTOXICATING LIOUOR
POLICE DEPARTMENT
*CoI.Heights Mr. Steak
4545 Central Avenue
~ 5,400.00
SUNDAY ON SALE LIOUOR SALES
POLICE DEPARTMENT
*Col. Heights V.F.W. Post 230
*Col. Heights Mr. Steak
*Col. Heights Lions Club
· !/!'!.6 Central Ave.
4545 Central Ave.
530 Mill Street
200.00
200.00
REQUEST FEE WAIVER
MASSAGE THERAPY BUSINESS
POLICE DEPARTMENT *Lynette S. Linder 3989 Central Ave., S. 575 500.00
Page 3
POLICE DEPARTMENT
MASSAGE THERAPIST INDIVIDUAL
*Lynette S. Linder
3989 Central Ave., S. 575
200.00
APPROVED BY
POLICEDEPARTMENT
MOTOR VEHICLE SALES
'First Community Credit Union
*Thirty Minute Muffler
ADDRESS
843 N.E. 40~ Ave.
5101 University Ave.
FEES
200.00
200.00
POLICE DEPARTMENT
POOL HALL
'James A. Wetch, Jr. dlb/a
Jimmy's Pro Billiards
4040 Central Ave.
100.00
POLICE, FIRE, BUILDING
#
POLICE DEPARTMENT
SECONDHAND SALES
'Nash Sales, inc. d/b/a Unique Thrift Store
'Budget Computer
'Salvation Army
TAXICAB DRIVERS
*Jerome George Emond
2201 N.E. 37~ Ave.
4024 Central Avenue
3929 Central Avenue
2232 Pierce St. N.E.
100.00
100.00
100.00
25.00
POLICE DEPARTMENT
TAXICAB VEHICLES
*Suburban Taxi Corporation
9 taxi vehicles within the city
@$75.00 ea
POLICE DEPT., ZONING
TRANSIENT MERCHANTS
'Dennis Froehlich d/b/a Sun-Ripe Citrus
Johnson Creek, Wi.
4001 Central Ave. (Pkg. Lot)
Dates: 116, 213, 312 of 2000
200.00
COLUMBIA HEIGHTS LIONS CLUB
EO. BOX 21183 · COLUMBIA HEIGHTS, MN 55421
November 1!91. 11999
.':': .:i~:' Columbia Heights: City Council
· 590 N.E. qOth Avenue
'"'~ ' ColUmbia Heights, Mn. 55q21
Dear blayor and City Council:
The Lions Club respectfully requests the waiver of the 2000 license fee
for the Club On 5a:le LiquOr license at 530 Mill Street, Hurzyn Hall.
We are a non-profit organzation staffed by Volunteers.and make annual
donations to various organizations within the city.
We thank you for your consideration.
mas Stevens
Pres i'dent
Serve
CITY CQUNCIL LETTER
Meeting of: December 13, 1999
NO: O~ License Department APPROVAL
ITEM: License Agenda, Additional Items BY: Kathryn Pepin ~ DATE: ~/~
NO: DATE: December 13, 1999 BY:
~Cx~aO~ am~,¥sIs
Attached are additional items for the business .license agenda for the December 13,
1999 City Council meeting. The background checks on these applicants were completed
this day by the Police Department. Due to the possibility of cancellation of the
second City Council meeting in December, it is necessary to add these items to the
agenda previously submitted to you.
Please note, the Police Chief has comments regarding the SAIl, Inc. d/b/a LaCasita Restaurant applicants.
REC0~MENDED MOTION:
Move to approve the items as listed on the business license agenda for December 13,
1999 including the additional items submitted on the second agenda and to waive the
fees for the Columbia Heights Lions Club.
COUNCIL ACTION:
TO CITY COUNCIL December 13, 1999
*Signed Waiver Form Accompanied Application
ADDITION TO 2000 BUSINESS LICENSE AGENDA
APPROyE,D eY
POLICE DEPARIMENT
ON SALE LIOUOR
ADDRESS
*Mady's Bowl & Lounge 3919 Central Ave.
*Buffalo Wild Wings, Inc. 4811 Central Ave.
**SAH, Inc. dlbla LaCasita Restaurant 5085 Central Ave.
**SEE ATTACHED POLICE DEPT. MEMO REGARDING THIS APPLICATION
FEES
$630o.o0
6300.00
6300.00
POLICE DEPARTMENT
ON SALE SUNDAY LIOUOR
*Mady's Bowl & Lounge
*Buffalo Wild Wings, Inc.
*SAH, Inc. d/bla LaCasita Restaurant
3919 Central Ave.
4811 Central Ave.
5085 Central Ave.
200.00
200.00
200.00
POLICE DEPARTMENT
ON SALE WINE
*Jang Won Inc.
4920 Central Ave.
$2000.00
POLICE DEPT./
HUMANE OFFICER
PET SHOP
*Exotic Aquatic's Pet Store
4940 Central Ave.
50.00
COLUMBIA HEIGHTS POLICE DEPARTMENT
DATE:December 2, 1998
TO:
FROM:
Ms. Kathy Pepin, License/Penuit Clerk tS~.
Thomas M. Johnson, ChiefofPolic~'~' ~"
SUBJECT: On Sale Liquor License and Sunday Liquor Sales License
The Columbia Heights Police Department has completed a background investigation of Mr. Behrooz
Anvary and Associates, d.b.a. LaCasita Restaurant, 5085 Central Avenue N.E., Columbia Heights,
Minnesota. Mr. Anvary applied for an on sale liquor license and a Sunday Sales license..
The department has checked the criminal history of Mr. Anvary and his associates, we have checked
our local files and with the law enforcement agencies in the jurisdictions where they have resided. It
should be noted that Mr. Behrooz has an extensive driving record with twelve speeding tickets and
three suspensions of his drivers license in the past ten years. The most recent speeding ticket being in
June of 1999. It should also be noted that a party listed in support of Mr. Behrooz, a Mr. James
Daniel Bransen, has a Revoked drivers license and an outstanding Petty Misdemeanor Warrant for
failure to display current tabs from the Minneapolis Police Department. Although these items would
not preclude us from issuing this license it does speak to the character of Mr. Behrooz and Mr.
Brausen. In conclusion we find nothing that would preclude them from being issued a liquor license.
It is the recommendation of the Police Department that a renewal liquor license be issued to Mr.
Behrooz Anvary and the LaCasita Restaurant. This approval would be contingent on all required
insurances being current and in place and all taxes being current.
CITY COUNCIL LETTER
Meeting of: December 13. 1999
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
h ~ APPROVAL
NO: ~' ' Fire ,,
ITEM: Establish Hem'ing Dates BY: Dana Alexon BY'~~/~
License Revocation, Rental Properties
NO: ..... DATE:. December.7
Revocation or suspension of a license to opm'ate a rental property within the City of COlumbia Heights is requested
against the following owner regarding his/her rental property for failure to meet the requirements of the Housing
Maintenance Codes.
1. Mohsen Dessouki ............................. 4610-4612 Fillmore Street
2. Heidi VonHeideman ........................... 3718 Central Avenue
3. JOe Bazzett ................................... 4514-4516 Fillmore Street
RECOMMENDED MOTION: Move to Establish a Hearing Date of January 10, 2000 for Revocation or
Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Mohsen
De~s0uki .at 4610-4~12 Fillmore Street NE.
RECOMMENDED MOTION: Move to Establish a Hearing Date of January 10, 2000 for Revocation or
· Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Heidi
VonHeideman at 3718 Central Avenue NE.
RECOMMENDED MOTION: Move to Establish a Hearing Date of January 10, 2000 for Revocation or
Suspension ora License to Operate a Rental Property within the City of Columbia Heights against .Joe Bazzett
at 4514.4516 Fillmore Street NE.
COUNCIL ACTION:
12~09~1999 14:34:38
FU~D ~SCEI~ION
~ENERAL
~ITY DEVELOPMENT FUND
ANOKA COUNTY CDBG
PAPi'VIEW VILLA NO1Ci~H
ECONOMIC DEVELOPMENT AUTH
SECTION 8
STATB AID MAINTEN~CE
PARk'VIEW VILLA SOI71'H
RENTAL HOUSING
LIBRARY
LOCAL LAW ENFORCE BLK
STATE AID CONSTRUCTION
CAPITAL IMPROVEMENT
CAPITAL ]MPRO~ - PIR
CAP EQUIP REPLACE-GENEPJkL
WATER UTILITY
SEWER UTILITY
REFUSE FUND
LIQUOR
WATER CONSTRUCTION FUND
SEWER CONSTRUCTION FUND
CENTRAL COtRAGE
ENER6'Y MANAG~4ENT
DATA PROCESSING
PERMIT SURCHARGE
CONTRIBUTED PROJECTS-REC
COIfI'RIBUTED PROJECTS-GEN
ESCRO#
INVESTMENT TRUST
FLEX BENEFIT TRUST FUND
POLICE/FIRE CONT RESERVE
Check History
DISBURS]~ENTS
82,436.24
755.19
131,601.15
20,906.01
55.71
42,206.00
4,535.06
10,562.13
406.91
4,141.98
4,339.33
15.00
1,337.93
651.70
4.34
404.70 eR
146,807.86
63,702.27
993.09
398,981.45
170,340.07
34.92
7,896.54
9,595.10
7,155.96
7,733.89
461.94
1,122.26
1,246.39
223,750.72
2,085,000.00
1,684.04
55,041.00
3,484,097.48
DISBURSEMENTS
3,4B4,097.48
q-A-37
CITY OF COLUMBIA HEIr}ITS
GL060S-V06.00 RECAPPAGE
GL540R
~C FII~NCIAL SYST~
12/09/1999 14
Check History
12/13 COUNCIL LISTING
CITY OF COLUMBIA HEI~ITS
GL540R-V06.00 PA~ I
mU~K V~OR
BANK ~ECK/NG ACCOUNT
AGATE ALARM & U.S. SECOR 82643 216.00
AISH/MATT 82644 29.96
ALL SAINTS BRAND DISTRIB 82645 592.15
AUSTIN/LENNY 82646 29.40
AVALON SECURITY CORP 82647 266.25
~.I,~OY BAR SUPPLY 82648 867.02
B~L~¥ COld'ORATION 82649 8,610.23
BONES~%]~L/PAUL 82650 32.09
CHISAGO LAKES DISTRIBUTI 82651 2,217.45
COCA-COLA BOTTLING MIl)WE 82652 508.70
COL~MBIA HEI(~HTS VOLUNTE 82653 55,041.00
DIETZ/VAL 82654 557.33
DORSO/YOLANDA 82655 39.00
EAGLE WINE COMP~ 82656 3,139.93
EAST S/DE B~GE CO 82657 15,542.15
C4~NUINE PARTS/NAPA AUTO 82658 50.67
~RIGGS-COOP~R & CO 82659 65,196.55
HOH~NSTEINS INC 82660 3,299.55
HOM~ DEPOT #2802 82661 27.78
JOHNSON BROS. LIQUOR CO. 82662 14,723.76
JOHNSTONE DIAMOND PRODUC 82663 2,859.88
KUET~ER DIST. CO. 82664 39,945.50
~%RK VII DIST. 82665 1,684.28
MII~%W. Jt~OLIS FINANCE DEPT 82666 69,839.05
MI~%~EGASCO 82667 4,118.17
MOLAN/JEANI~ 82668 4.99
N S P 82669 7,976.99
NORTH HHNNEPIN CO~9{UNITY 82670 119.00
NOR~ STAR ICE 82671 266.64
OFFICE DEPOT 82672 10.72
OTT/LEA}I 82673 221.65
OTTO/JOHN 82674 257.77
PAUSTIS & SONS 82675 49.50
PHPSI-COLA-7 UP 82676 313.35
PETTY CASH - f, ARY ~TE 82677 81.86
PHILLIPS WI~ & SPIRTS 82678 12,149.34
PI~ DISTR 82679 58.50
~IOR WIldE 82680 3,075.94
PHUDF. NTIAL LIFE INEURA~C 82681 7.70
O~LITY WINE & SPIRITS 82682 10,067.75
~/~(~ 82683 39.00
SC~'){IDT/WILLIAM 82684 91.15
S~{ARP/CAR~IE 82685 116.12
~ORENSEN/ROLLIE 82686 24.59
~0RDEVAI~I'/JOE A 82687 23.82
SUBIJRBAN RUBBER STAMP 82688 25.14
SZUP~.K/MAI~/~%INE 82689 657.00
BRC FINANCIAL SYSTEM
12/09/1999 14
Check }Iistory
12/13 COUNCIL LISTING
CITY OF ~IA E~I(~iTS
GL540R-V06.00 PAgE 2
BANK VENDOR
U S WEST CO~9~]NICATIONS 82690 3,152.12
WINE MERCHANTS 82691 141.70
ABLE PROPERTY MANA~I]~5]T 82693 292.00
ACCAP 82694 4,390.00
AI~DERSON/ROLAN E 82695 265.00
APACI{E VILLAGE APT-CONSO 82696 516.00
BALLENTINE/BRUCE G 82697 471.00
BERG PROPERTIES 82698 954.00
BERG/LOIS 82699 371.00
BIAIiNIK/VANCE 82700 715.00
BOETTCHER/LAERY 82701 1,328.00
CADIEUX/RONALD 82702 305.00
~IES/DON 82703 308.00
CHILDS/LOPAINE 82704 185.00
CHRI STENSEN/R I C}{AP, D 82705 630.00
CREST VIEW LUTI{ERAN HO~E 82706 156.00
DALSETH/MARIL~ 82707 847.00
DI ZDAREVIC/MIRSAD 82708 332.00
DUCD;ORTH/GINGER 82709 311.00
EGGE/JANES 82710 442.00
ELMQUlST/ARNOLD C 82711 624.00
FANG/KNEI-WU 82712 523.00
FEW}E/AVERY 82713 650.00
FINDELL/DOl%%LD 82714 740.00
FLODIN/MARVIN 82715 184.00
GROMEK/THOMAS 82716 662.00
HANEEN/EDWIN & DOROTHY 82717 352.00
HANSON/CLARENCE 82718 440.00
HANSON/DENNIS 82719 295.00
HINES/CORDON E 82720 646.00
HOIUM/VERNON S 82721 267.00
JONES/DOUGLAS 82722 24.00
KHAN/MU~TABA 82723 493.00
KLEI}~MAN REALTY CO 82724 133.00
KOSTE~/~ 82725 445.00
KOWi~/~ZEK/HARVEY 82726 1,331.00
LANGE/I)AVE & KAT}IY 82727 564.00
LARSON/DANIEL W 82728 228.00
LASKY/DAVID 82729 322.00
IAT~IS/MARK 82730 489.00
LUDEMAN/IVAN D 82731 804.00
M(]fu'~T/MA~Y JO 82732 305.00
MDC 2000 82733 572.00
MIDWEST MANAG]]4ENT-CONEO 82734 438.00
MODELL/PAUL 82735 2,482.00
NIZNIK/KATHIA}INE 82736 23. O0
NO%7%K/THEODORE & NANCY V 82737 582.00
~RC ~INANCIA5 SYSTEM
12/o9/1999 14
~eck Histoz~
12/13 COUNCIL LISTING
CITY O~ ~OL~IA
GLB40R-V06.00 PAG~
mL~K VENDOR
PERRY/CINDY 82738 43.00
PL:T~RS PIECE I}rV'ES'II4E~S 82739 4,529.00
PING/L~ 82740 174.00
RIFAI/~ 82741 515.00
~/~ICIA M 82742 458.00
~/~ H 82743 418.00
~O~IR/~ 82744 44 9.00
~I~/J~S 82745 423.00
~AU~/~ 82746 1,187.00
~S~/B~L~ J 82747 740.00
~N/~ K 82748 411.00
~OUSE-~ ~0~ 82749 1,386.00
~IS~/~ 82750 294.00
~ PROP~ ~~ 82751 724.00
~TI~Z/~IO 82752 140.00
~ B~I~N/~ 82753 1,057.00
W F ~L~ ~N~U~ION 82754 70.00
W~/~Y ~ 82755 234.00
YO~G~/~ 82756 311.00
ZI~/~RI 82757 48.00
Z I C~%~/~ 82758 500.00
~ TI~E INC 82760 72,145.50
AIR TOU~ C~ 82761 6.24
B~BOY ~TION 82762 565.00
B~U~I~/~IE 82763 74.10
~i~ ~S DIS~IB~I 82764 416.00
~-~ B~ING MI~ 82765 68.60
DL~PiNG ~0~ S~ 82766 250.00
D3T SIDE B~E ~ 82767 6,232.40
~T~/~ON 82768 8.00
~ P~TS/~A A~ 82769 7.18
~D I~ 82770 33.87
~I~S-~P~ & ~ 82771 4,374.39
~VI~/J~ 82772 29.40
~INS INC 82773 669.20
J~ ~OS. LI~ ~. 82774 2,764.80
J~/~ K 82775 47.00
~IM/~I~ 82776 8.00
~ DI~. ~. 82777 7,936.63
~ TI~ INC 82778 54,455.65
~ ~I DI~. '82779 4,621.00
MIaSmA ~S 82780 660.50
N S P 82781 3,853.31
~M DI~tB~I~ ~ 82782 137.70
~I ~E OF ~O~ 82783 163.20
~ ~ I~ 82784 272.64
P~SI-~-7 ~ 82785 55.95
'B~C FINANCIAL SYSTEM
12/o9/1999 14
Check History
12/13 COUNCIL LISTING
CITY OF COLUMBIA HEIGHTS
GL540R-V06.00 PA~E 4
BANK VENDOR
BANK CEECKING ACCOUNT
PETI'Y CASH - KAREN }40ELL 82786 48.41
PETTY CASH - MARY DUGDAL 82787 113.70
PHILLIPS WINE & SPIRTS 82788 867.12
PRIOR WINE 82789 457.34
QUALITY WINE & SPIRITS 82790 8,806.61
SAMS ~6310 82791 90.00
STAUCH/LEIA%ID 82792 645.00
NOR~%IEAST STATE BAlqK 82793 1,800,000.00
AFFINITY PLUS FEDERAL CR 82795 350.00
FIRST CO}94UNITY CREDIT U 82796 1,770.00
ICMA RETIREMENT TRUST 45 82797 9,322.55
LMCIT 82798 22,235.43
LMCIT - }{P 82799 16,511.73
MEDICA SENIOR 82800 431.50
MN CHILD SUPPORT PAYMENT 82801 747.15
NORWEST BANK - PAYROLL A 82802 137,566.05
ORCHARD TRUST COMPANY 82803 5,692.00
PERA 82804 24,318.41
PERA - DEFINED CONTRtBUT 82805 90.00
PERA POLICE RELIEF CONSO 82806 384.07
PUBLIC MANAGERS ASSOCIAT 82807 40.00
UNION 320 82808 1,005.00
UNITED WAY 82809 46.00
WYANDOTTE COLHFCY COURT H 82810 150.00
NORTHEAST STATE BANK 82811 285,000.00
AIR TOUCH CELLULAR 82813 126.60
ALL SAINTS BRAND DIS"CRIB 82814 538.85
~PEN MILLS, INC. 82815 1,951.20
AT & T 82816 121.23
AWSUMB/DA~Hq 82817 8.00
EAI(UN/GERRIANHE 82818 1,224.05
BELLBOY COP~N3RATION 82819 1,541.25
BRADLEY RF2U~ ESTATES INC 82820 10,189.97
CHANHASSEN DINNER THEATR 82821 1,054.00
CHISA{]O LAKES DISTRIBUTI 82822 3,721.80
CITY WIDE WINDOW SERVICE 82823 49.00
COCA-COLA BOTTLING MIDNE 82824 186.40
COLI1MBIA HEIGHTS I 82825 4,520.97
CUB FOODS 82826 199.96
EAGLE WINE COMPAWY 82827 541.95
EAST SIDE BEVERAGE CO 82828 1,136.00
~ENUINE PARTS/NAPA AUTO 82829 41.48
~RI~S-COOPER & CO 82830 9,696.17
HANSEN/KEVIN 82831 45.38
EANSON/S~]3zl J.Y 82832 500.00
HO}{ENSTEINS INC 82833 5,861.40
JOI{IqSON BROS. LIQUOR CO. 82834 1,633.70
BRC FI~L~I~ SYST~{
12/09/1999 14
C~eck History
12/13 COUNCIL LISTING
CITY OF COLUMBIA NEIOBTS
OL540R-V06.00 PAGE 5
~K VENDOR
KUETHER DIST. CO. 82835 1,559.80
LINDQUIST CAKE DECO~ATIN 82836 61.98
~ VII DIST. 82837 1,151.10
lqlKK~LSON/~/{DY 82838 49.78
MINN BLU~ DIGITA~ 82839 135.79
)~I~INEQASCO 82840 8.85
]aL~4A~/D~ 82841 85.00
NEI COLLIE OP TEC~OLOG 82842 453.60
}ISTLI~ IF~R~ATIO~ 82843 3,600.00
NORq/4 STAB IT; 82844 192.60
NOI{I~{i~N STATES ~ 82845 50.28
OK]]b'T~OM/LE~ 82846 27.62
P~T~Y CAS~ - KA~N ]qOELL 82847 86.89
P~TTY CASH - MA~Y DUGD~.L 82848 16.55
P~T:~' CASH KEITH WI~DS~ 82849 64.20
PHILLIPS WINE & SPirTS 82850 1,387.23
PINI~ACLE DISTR 82851 113.20
PIZZA H~T 82852 200.00
PRIOR WIX 82853 1,444.76
(~LITY WIN~ & SPIRITS 82854 353.36
RYA~{/P~,'I]~R 82855 103.41
~A~S/B~ & GRA~ 82856 78.00
S~.D~STROiq/CNE i STIN]~ 82857 123.22
~Pk~/~IL~ ~2858 39.00
~ ~IB~ 82859 974.36
~OIK/~ 82860 560.99
U S ~~ ~LS 82861 100.00
U S WE~ ~I~TI~S 82~62 267.55
~S L,I~I~ 82863 42.41
WI~ ~/~ 82t64 9~1.10
WI~ ~S 82865 69.05
A~ ~ ~2867 166.t~
A~ ~PLY ~ ~C 82868 195.09
~D ~IC ~ I~ 82869 633.59
~R ~ ~,~ 82870 395.57
~ ~O~I~ 82871 400.00
~ ~ ~ DI~IB 82872 242.00
~I~ ~I~TI~ 82873 175.72
~I~ ~IC ~ ~ 82874 602.50
~I~ ~ ~ ~S 82875 335.00
~IPHIDE 82876 115.21
~I 82877 165.00
~S ~ Z~ 82878 515.75
~ ~ LIBBY 82879 401.31
~ ~ PBOP~ ~ 82880 20.50
~ ~N ~ ~ 82881 500.00
~ 82882 1~0.14
'BLOC FINANCIAL SY~
12/o9/1999 14
Check History
12/13 COUNCIL lISTING
CITY OF COLI~IA HEIGHTS
OL540R-V06.00 PA~E 6
BANK VENDOR
BANK CHECKING ACCOUNT
ASPEN EQUIPMENT 82883 92.77
B;~KER & TAYLOR 82884 1,132.78
BARNA GUZY & STEFFEN LTD 82885 14,528.77
BATTERY CITY INC 82886 59.62
BEARCOM 82887 1,35I. 48
BIFF' S, INC. 82888 600.84
BITUMINOUS ROADWAYS, INC 82889 230.47
BLUE EARTH ENVIROMENTAL 82890 5,000.00
BLUEMELS TREE SERVICE 82891 18,593.43
BOOK WHOLESALERS INC 82892 110.74
BOOKMEN INC/THE 82893 643.37
BOYER TRUCK PARTS 82894 16.23
BRAKE & EQUIPMENT NAREHO 82895 54.39
BRIGHTON AUTO ELECTRIC I 82896 52.02
BRODART 82897 214.92
CAPITOL FURlqlTURE SALES 82898 754.78
CARLSON TRACTOR 82899 12.14
CARTE GRAPH SYSTEMS 82900 1,000.00
CATCO PARTS SERVICE 82901 410.79
CENTRAL STORES 82902 33.21
CHEROKEE POWER EQUIPMENT 82903 1,166.30
CHtSA(20 LAKES DISTRIBUTI 82904 1,437.30
CITY WIDE LOCKSMITHII~ 82905 279.14
CLARK POODSERVICE INC 82906 187.56
COCA-COLA BOTTLING MIl)WE 82907 1,351.25
COL HOTS FIREFIGHTERS AS 82908 245.44
COLLECTOR BOOKS 82909 427.08
COLUMBIA HEIGHTS RENTAL 82910 255.92
COLUMBIA PARK MEDICAL GR 82911 1,337.93
CO}94 CENTER 82912 156.63
COMP USA INC 82913 78.45
CONNELLY INDUSTRIAL ELEC 82914 949.67
CONTINENTAL SAFETY EQUIP 82915 74.59
CREST VIEW LUTHERAN HOME 82916 24,627.08
CUMMINS NORTH CENTRAL 82917 14.48
CYS UNIFORMS 82918 144.60
DALCO ENTERPRISES INC 82919 432.01
DANKA 82920 27.00
DANKO I'~RGENCY EQUIPMEN 82921 2,484.20
Il%VIES WATER EQUIP CO. 82922 1,058.98
DELEGARD TOOL CO. 82923 59.87
DEMCO 82924 92.23
DEPARTMENT OF NATURAL RE 82925 50.00
DO IT YOURSELF IIPHOLSTER 82926 36.14
DRAIN DOCTOR 82927 207. O0
~E WINE ~ANY 82928 108.65
EAST SIDE BEVERAGE CO 82929 36,566.35
12/09/1999 14'
Check }Ii,tory
12/13 COUNCIl. LISTING
CITY OF COLI~4BIA EEIgHTS
GL540R-V06.00 PAGE ,::: 7
BANK VENDOR
FASTSIGNS (BLAINE)
FI28UT, AN SAlvES INC
FI2KK C(3MPENSATI~, INC
~S ~SPM~
~ LI~ ~US
~ & K S~S
~S INC
~I~ P~TS/~A
~~ FI~ OFFIC
~IX SHOPPE
~0~
~I~S-~P~
~I~ FI~ ~I0
~s/~
~pm D~ P~S~/~
B~KEINS INC
HO~ DE~ {2802
I~ ~TION
IKON OFFI~ ~L~ION
!PC PR!~I~
JOE S~ITZ ~,~,~
JONSON BROS. LIQ~
K & S ~VINO
K ~T
~PP ~ INC
~~Y~
~ mC
~/p~
~ & ~m~s/~
~IT ~ ~
82930 177.68
82931 485.97
82932 21.30
82933 1,175.62
82934 175.00
82935 305.90
82936 153.75
82937 208,51
82938 462.95
82939 252.24
82940 50.00
82941 43.00
82942 7,030.00
82943 3,633.83
82944 69.00
82945 251.70
82946 536.00
82947 4,592.17
82948 232.00
82949 11,871.22
82950 206.66
82951 285.55
82952 120.00
82953 158.55
82954 467.98
82955 121.21
82956 3,400.60
82957 561.27
82958 43.85
82959 174.73
82960 42.32
82961 32,255.35
82962 25.00
82963 197.84
82964 101.18
82965 41.88
82966 117.00
82967 287.87
82968 328.70
82969 2,992.50
82970 25,462.71
82971 203.20
82972 497.61
82973 860.57
82974 12.25
82975 16.00
82976 180.00
'~R¢ FImU~CIAL SYSTm
12/09/1999 14
Check tlistory
12/13 COUNCIL LISTING
CITY OF CO~bl~IA t~I(~ll
~540R-V06.00 PA~ 8
tULNK VENDOR
BANK CHECKING ACCOUNT
METRO COUNCIL EN~IROMENT 82977 7,276.50
METROCALL - ATT NESSAGIN 82978 14.14
METROPOLITAN COUNCIL ~ 82979 62,181.34
MID{qAY FORD 82980 108.25
MIDWEST IDCK & SAFE 82981 71.40
MINNEAPOLIS FINANCE DEPT 82982 60,382.24
MINNEAPOLIS OXYGEN CO. 82983 4.79
MINNF2tPOLIS SAW CO. 82984 1,582.21
MINNEAPOLIS SPOKESMAN 82985 44.40
MIENESOTA DEPAI~ OF 82986 8,151.00
MINNESOTA PLAY~ROUND INC 82987 411.01
MINNESOTA SUN PUBLICATIO 82988 549.40
MN MUNICIPAL BEVERAGE AS 82989 620.00
MN STATE FIRE C}{IEFS ASS 82990 80.00
MOP~kT,T, & MOPSkT.T, INC 82991 640.00
NEEDHAM DISTEIB~ING CO 82992 229.50
NEWMAN SIGNS 82993 427.81
NOI~ METRO HUMANE SOCIE 82994 1,057.17
~RT}{ STAR ICE 82995 519.48
~RTE STAR PAINT & BODY 82996 42.75
NORT~ 82997 270.00
NORTEEP, N STATES PO~ 82998 319.75
NOVELL INC 82999 110.00
OFFICE DEPOT 83000 2,978.11
OI{LIN SALES 83001 229.14
OLLIES KIT(]{EN & VI%~n.~tg 83002 69.23
OLSON/LEONARD 83003 75.00
O~S SERVICES CORP 83004 1,304.50
PACE ANALYTICAL 83005 175.00
PARTS PLUS 83006 385.68
PA~DN IND. PRODUCTS 83007 58.82
PAUSTIS & SONS 83008 110.00
PC SOLUTIONS 83009 3,128.13
PEPSI-COLA-7 UP 83010 273.60
PETTY CAS}t - REBECCA IDA 83011 38.87
PHILLIPS WINE & SPIRTS 83012 7,593.86
PLUlfl{ETT' S, INC 83013 70.30
POSITIVE PR(I~OTIONS 83014 46.95
PRIOR WINE 83015 1,493.63
I~OGRESSIVE CONSULTING E 83016 1,636.00
RADIO St{ACK 83017 31.93
P~ - KUUSISTO LTD 83018 25.00
ROSEVILLE (~YSLER PLYMO 83019 160.15
ROYCE PLACE 83020 394.67
RUE~IMAN~/ROBERT 83021 70.00
SALLY DISTRIBUTORS 83022 47.66
SBSI INC 83023 617.70
BRC FII~NCIAL SYST~
12/09/1999 14
C~eck History
12/13 COUNCIL LISTI~
CITY OF COLL~IA NEI(IH'I'$
~540R-V06.00 PAC~. 9
BANK VISrDOR
SC}II~LER ~TOR CORP
SEARS I~IA1 SALES
SROGA'S AUTOMOTIVE SERVI
ST PAUL-DED/~%I]~
STAR TRIBUNE
STATE TREAS~ BLD
STREI(H.IER GUJN'S INC/DON
SUBURBAN ~ & AWNINH
SUPERIOR PROIrdCT
SYST]]~S STJPPLY INC.
TACTICS LAW ENFC)RClI~ENT
TARHET STORES-ACCTS NEC
TECR-iIFAI BUSINESS SYSTEM
TELEPHOlfE ~SWERINH CENT
'ITU~T~ ~HINF. J:RINH INC
TOUSLEY FORD
TROPHIES BY LINDA
TWIN CI<'f ~GE DC)OR CO
TWIN CITY H2~R1)~4AI~E
TWIN CITY PHO'II)COPY
U S SALT INC
~:iFOPMS 1.HqLIMITED INC
UNI~D REIrI~A.LS
US FiLTER/WATER PRO
US TOY CO INC
VAIq-O-LI~
VOSS LIGI. CflNg
WAGER' S INC.
WI~ INDUSTRIES IN
wINE COMPANY/TEE
WINE MERO{ANTE
WW HPJLIN~ER
7-24.COM ~ STOR]E
B3024 349.14
83025 40.27
83026 61.77
83027 238.02
83028 225.16
83029 457.39
83030 2,766.92
83031 19.50
83032 814.73
83033 212.47
83034 490.97
83035 34.95
83036 8.00
83037 124.70
83038 2,476.34
83039 386.50
83040 262.16
83041 103.84
83042 60.61
83043 95.09
83044 1,327.80
83045 259.10
83046 1,061.75
83047 1,241.75
83048 197.03
83049 171,803.68
83050 48.35
83051 306.25
83052 93.81
83053 143.88
83054 230.62
83055 628.06
83056 91.65
83057 182.98
83058 325.20
83059 77.53
83060 401.00
3,484,097.48
CITY COLrNCIL LETTER
Meeting of December 13, 1999
AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER
Fire APPROVAL
NO:
ITEM: Second Reading of an Ordinance Amending BY: Dana Alexon
Chapter 5A of City Code of 1977
DATE: November 23, 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. Staff met with landlords on August 17, 1999 and brought a revised Ordinance #1395
to the City Council for a First Reading on November 22, 1999.
Analysis:
At the November 22, 1999 City Council meeting, Ordinance # 1395 was scheduled for a Public Heating and
Second Reading on December 13, 1999. 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 staffis 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 adopt Ordinance #1395, being an ordinance amending Ordinance
#853, City Code of 1977, as amended, pertaining to the Residential Maintenance Code and Licensing Rental
Units.
COUNCIL ACTION:
November 5, 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 Rental 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 November 22, 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 clean-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. Several 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 raised many issues at the August 17 meeting
which caused staff to believe the issue was too complicated for the benefit to be received.
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 as 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 90 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,
c2-99271 .wpd
Dana Alexon
Housing Enforcement Official
Summary of Proposed Changes to
the Housing aintenance 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 n.ot the entire code.
Proposed Chan_ee: 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 stafftime 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 eadier.
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 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.
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 provisions of this chapter.
Proposed Chan_ae: Allow inspections to be conducted biennially rather than
annually. Affects the following paragraphs.
Paragraph 5A.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 5A.403(1), which currently reads as follows:
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.
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 Chan=e: 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
Pro_r)osed Change: 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 Reeuired
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:
Ail 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 canter of
the calling 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 eouioment 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
Pror~osed 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 roads as follows:
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.
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
ProPOSed 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.
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.
Paragraph 5A.207(1)(b)(3), which currently reads as follows:
Maintenance. Any deed 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
o
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).
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
2000
PURPOSE
This policy is intended to guide
inspections.
uling of Rental Licensing
POLICY
It shall
of the
;Ihts to conduct Rental License inspections
in this document and in accordance with Chapter 5A
Thi
,licy affects
Im.
staff and inspection staff assigned to the Rental Licensing
for conducting inspections shall be Monday through Fdday, 9:00 am-11:00
am and 1:30 pm-4:30 pm.
Rental Licensing inspections shall be conducted annually for the extedor of all rental
dwellings and for the intedor 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 extedor inspection of all residential rental
be conducted bi-annually. The complete inspection shall
units, any interior common areas and the extedor of the p
shall be scheduled by the property ownE
the Rental Licensing office. The notice shall
staff along with the annual relicensing
be corrected pdor to issuance of the il
shall
residential
~s inspection
,ing notice from
by office
~s found si
The property identification number will
properties receive complete inspections. P
ID number will have complete inspections dui
which have an odd property ID number wil
numbered years.
etermine th which
have an even property
years. Properties
ins during odd
When violations are found
reasonable time to correct the
the Rental Licensing office:
shall be given
schedule to be used by
Type of Viol
hours
24 hours
30 days
10 days
Time to 2~ Time to Final
Re-InspectionRe-Inspection
Citation
Citation~
15 days 10 days
Citation
Notes:
~Citation for
has
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.
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.
Ao
Seasonal extensions for exterior work which cannot be completed during
cold weather. Extension may be granted to no later than June 1 of the
following year. Examples include exterior painting, concrete or asphalt work,
landscaping or other work with soil which is frozen. Ire normally
able to complete structural work such as siding ~g
winter months; no extension generally lhese types of
violations.
Requests for extensions received
routinely by inspection staff or
length of time normally allowed by
than this requires the approval
a the
~. Any ~er
Enforcement ruer.
Extensions are not granted for
smoke detectors.
or inoperable
Extensions involving
require the approval of
property owner will
significant efforts
circumstances
~intain 70 degrees)
Officer. Generally the
provided that
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.
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
crrY 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:
5A. 101(1)
(a)
(b)
(c)
(d)
(e)
(f)
5A. 101(2)
Statement of Purpose
The purpose of the Housing Maintenance Code (hereinafter referred to in
Chapter 5A as "Code") is to protect the public health, safety and general
welfare of the people of this City. These objectives include, among others,
the following;
To protect the character and stability of residential areas within the city;
To correct and prevent housing conditions that adversely affect or are
likely to adversely affect the life, safety, general welfare, and health;
To provide minimum standards for heating, for sanitary equipment and for
light and ventilation necessary to protect the health and safety of
occupants of building;
To prevent the overcrowding of dwellings;
To provide minimum standards for the maintenance of existing residential
buildings and to thus prevent substandard housing and blight;
To preserve the value of land and buildings throughout the city.
With respect to disputes between landlords and tenants, and except as
otherwise specifically provided by terms of this Ordinance, the City Council
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 rights to personal
pdvacy.
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)
O)
(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 fight 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, corddor 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)
(d)
(e)
(g)
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.
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.
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.
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 stairs may
have rotting, loose or deteriorating supports. The treads and dsers of
every flight of stairs, except spiral or winding stairways, shall be essentially
uniform in width and height. Stairways shall be capable of supporting a
live load or one hundred (100) pounds per square foot of horizontal
projection.
Access to Dwelling Unit. Access to or egress from each dwelling unit shall
be provided without passing through any other dwelling unit.
All buildings and/or maintenance improvements inspected pursuant to
Chapter 5A, the Housing Maintenance Code, shall be judged and
inspected in accordance with the applicable Uniform Building Code and
Uniform Fire Code, as follows:
(1)
Existing Installation. Buildings in existence at the time of the
adoption of the Code may have their use or occupancy continued, if
such use or occupancy was legal at the time of the adoption of the
code, provided such continued use is not dangerous to life.
(2)
Maintenance. All buildings and structures, both existing and new,
and all parts thereof, shall be maintained in a safe and sanitary
condition. All devices or safeguards which are required by the
Code shall be maintained in conformance with the code edition
under which installed.
All repairs, replacements or maintenance to the structure or dwelling unit
shall be installed or made so as to be compatible with the surrounding
building materials and general appearance of the existing area.
Section 2:
5A.202(1)
(a)
Door and Window Locks
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
cooking or eating unless all exterior doors of the dwelling or dwelling unit
are equipped with safe and functioning door and window locks which
comply with the following requirements, to wit:
When access to a dwelling unit door is gained through a common corridor
or entrance in a dwelling in which four (4) or more dwelling units share a
common entrance or corridor, an approved system of controlled access
shall be maintained for each multiple family building to control access.
The security system shall consist of locked building entrance or foyer
doors, and locked doors 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 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.
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
(d)
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.
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 electdc 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 fumace room shall contain at least one supplied ceiling or wall
type electric light fixture, and every bathroom, kitchen, and laundry
room shall contain at least one electric convenience outlet.
(5)
Every public hall and stairway in every rental dwelling shall be
effectively illuminated by natural or electric light at all times. In
structures containing not more than two dwelling units, conveniently
located functioning light switches controlling an adequate
functioning lighting system which may be turned on when needed
may be substituted for full-time lighting.
Section 4:
5A.204(1)
Minimum Thermal Standards
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living, sleeping,
cooking or eating therein unless such dwelling or dwelling unit shall have
heating facilities which are properly installed and maintained in safe and
functioning condition, which are capable of safely heating all habitable
rooms, bathrooms and water closet compartments in every dwelling unit
(a)
(b)
(c)
(d)
Section 5:
5A.205(1)
(a)
(b)
located therein to a temperature of at least seventy (70) degrees
Fahrenheit at a distance of three (3) feet above floor level and at three (3)
feet from exterior walls, and which shall comply with the following
requirements, to-wit:
Gas or electrical appliance designed primarily for cooking or water heating
purposes shall not be considered as heating facilities within the meaning
of this section.
Portable heating equipment employing flame or the use of liquid fuel shall
not be considered as heating facilities within the meaning of this section
and is prohibited.
No owner or occupant shall install, operate or use a space heater
employing a flame that is not vented outside the structure in an approved
manner.
No owner shall supply portable electric heaters to comply with this §
5.204(1).
Foundation, Exterior Walls, and Roofs
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
eating or cooking therein which does not comply with the following
requirements, to-wit;
The foundation, exterior walls and extedor 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 exterior
surfaces from elements and decay in a functioning manner. If 25% or
more of the total extedor surface of the pointing of any bdck, 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 extedor 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
5A.206(2)
Section 7:
5A.207(1)
(a)
(b)
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.
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. A barrier which blocks all views from public roads and
differing land uses to off-street parking areas, loading areas, service
and utility areas, and mechanical equipment.
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 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
(d)
(e)
(f)
(g)
Section 8:
5A.208(1)
(a)
(b)
(c)
(d)
(e)
such to achieve seventy-five (75) percent capacity year-round.
Other Parking Lot Screening. All parking lots for dwellings of three (3) or
more units which are not required to be screened pursuant to
§5A.207(1)(c) must either provide screening pursuant to §5A.207 (1) (c) or
provide a minimum on one deciduous tree for every forty-five (45) feet or
portion thereof of parking lot perimeter planted adjacent to the nearest
roadway abutting the property on which the parking lot is located.
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.
(g)
(h)
(i)
5A.208 (2)
Section 9:
5A.209 (1)
(a)
(b)
Lighting must be provided for parking areas and walkways between the
parking area and the dwelling unit in dwellings consisting of three (3) or
more units. Lighting must be available for parking areas and walkways.
Between the parking area and the dwelling unit for dwellings of two (2) or
less units.
In dwellings of three (3) or more units, parking areas and pedestrian
walkways must have a minimum light of 1 foot candle, and the maximum
light at the boundary line of the premises may not exceed 3 foot candles.
Driveways leading to parking areas and/or access ways to buildings must
be maintained and kept in good repair. In cases of tenant parking areas
all parking stalls and driveways with access to tenant parking shall be hard
surfaced with asphalt or concrete by July 1, 1998.
Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars
shall be 'regulated in accordance with Chapter 7, Article II, Section 5 of the
Columbia Heights City Code, which is incorporated herein by reference.
Variances under §5A.207 and §5A.208 shall be enforced and administered
in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be
applied in deciding whether or not an applicant is entitled to a variance.
Fire Safety
No person shall occupy as an owner-occupant or let to another for
occupancy and dwelling or dwelling unit for the purposes of living,
sleeping, cooking or eating therein which does not comply with the
following requirements, to-wit;
Every existing dwelling unit shall be provided with smoke detectors
conforming to U.B.C. Standard No. 43-6. Detectors shall be mounted on
the ceiling or wall at a point centrally located in the corridor or area giving
access to rooms used for sleeping purposes. Where sleeping rooms are
on an upper level, the detectors shall be placed at the center of the ceiling
directly above the stairway. All detectors shall be located in accordance
with approved manufacturer's instructions. When actuated, the detector
shall provide an alarm in the dwelling unit or guest room.
In new construction of any dwelling unit and in common hallways and
other common areas of existing units, required smoke detectors shall
receive their pdmary power from the building wiring when such wiring is
served from a commercial source. Widng shall be permanent and without
a disconnecting switch other than those required for over current
protection.
(c)
Section 10:
5A.210(1)
Section 11:
5A.211(1)
5A.211(2)
5A.211(3)
5A.211(4)
5A.211(5)
No person, firm, or corporation shall tamper with any smoke detection
device. Any person, firm, or corporation proven to have tampered with any
smoke detection device shall be guilty of a misdemeanor and upon
conviction thereof, shall be subject to a fine of not more than two hundred
($200.00) dollars.
Discontinuance of Service or Facilities.
No owner, operator or occupant shall cause any service, facility equipment
or utility which is required under this Ordinance to be removed from or shut
off from or discontinued for any occupied dwelling or dwelling unit except
for temporary interruptions as may be necessary while actual repairs or
alterations are made or during temporary emergencies.
Public Health and Safety
Rodent Harborages Prohibited in Occupied Areas. No occupant of a
dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or
any other similar materials in such a manner that may provide a rodent
harborage in or about any dwelling or dwelling unit.
Rodent Harborages Prohibited in Public Areas. No owner of a dwelling
containing two or more dwelling units shall accumulate or permit the
accumulation of boxes, lumber, scrap metal or any other similar materials
in such a manner that may provide a rodent harborage in or about shared
or public areas of a dwelling or its premises.
Prevention of Food for Rodents. No owner or occupant of a dwelling or
dwelling unit shall store, place, or allow to accumulate any materials that
may serve as food for rodents in a site accessible to rodents.
Sanitary Maintenance of Fixtures and Facilities. Every occupant of a
dwelling unit shall keep all supplied fixtures and facilities therein in a clean
and sanitary condition and shall be responsible for the exercise of
reasonable care in the proper use and operation thereof.
Responsibility for Pest Extermination. Every occupant of a dwelling
containing a single dwelling unit shall be responsible for the extermination
of vermin infestations and/or rodents on the premises. Every occupant of
a dwelling unit in a dwelling containing more than one dwelling unit shall
be responsible for such extermination whenever his/her dwelling unit isthe
only one infested. Notwithstanding, however, whenever infestation is
caused by the failure of the owner to maintain a dwelling in a reasonable
rodent-proof or reasonable vermin-proof condition, extermination shall be
the responsibility of the owner. Whenever infestation exists in two or more
of the dwelling units in any dwelling, or in the shared or public parts of any
dwelling containing two or more dwelling units, extermination thereof shall
be the responsibility of the owner. If the problem persists proof of
professional extermination shall be supplied to the inspections officer upon
request.
5A.211(6)
Garbage, Rubbish, and Recyclable Materials. Garbage, rubbish and
recyclable materials shall be regulated in accordance with Chapter 8,
Article III of the Columbia Heights City Code, which is incorporated herein
by reference.
ARTICLE III Inspection and Enforcement
Section 1: Enforcement and Inspection Authority
5A.301(1)
The City Manager and his/her designated agents shall be the Enforcement
Official who shall administer and enforce the provisions of the Ordinance.
Inspections shall be conducted during reasonable hours, and, upon
request the Enforcement Official shall present evidence of his/her official
capacity to the owner, occupant or person in charge of a dwelling unit
sought to be inspected.
Section 2: Inspection Access
5A.302 (1)
If an owner, occupant or other person in charge of a dwelling, dwelling unit
or of a multiple dwelling fails or refuses to permit free access and entry to
the structure or premises, or any part thereof, for an inspection authorized
by this Ordinance, the Enforcement Official may, upon a showing that
probable cause exists for the inspection or for the issuance of an order
directing compliance with the inspection requirements of this section with
respect to such dwelling, dwelling unit or multiple dwelling, petition and
obtain an order to inspect and/or search warrant from court of competent
jurisdiction.
Section 3: Inspections
5A.303 (1)
Each dwelling or multiple dwelling which is the subject of a rental license
shall be inspected at least once annually, subject to section 5A.303(2).
5^.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
(b)
Section 4:
5A.304(1)
(a)
(b)
(c)
(d
Orders by the Inspection Department or Enforcement Officer of the City of
Columbia Heights; or
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 (Housing Maintenance Code violations were issued based
on the complaints). Multiple complaints adsing out of the same
maintenance problem, which occur within a pedod of one week, shall be
considered to be one complaint for the purposes of this Section.
If any one of the above set forth conditions occur, the City Inspections
Department will notify the landlord, in 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 City Inspections
department, however, that time shall be extended if any of the above set
forth conditions continue to exist.
Compliance Order
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 ordedng the owner, occupant, operator, or
agent to correct such violations. The Compliance Order shall:
Be in wdting;
Descdbe the location and nature of the violations of this Code;
Establish a reasonable time not greater than 6 months for the correction of
such violation and advise the person to whom the notice is directed of the
dght to appeal; and
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 wdtten statement that all
violations have been corrected in accordance with the Columbia Heights
Housing Maintenance Code.
Section 5: Posting to Prevent Occupancy
5A.305(1)
The Enforcement Official may post any building or structure covered by
this ordinance an being in direct violation of the ordnance preventing
further occupancy. Posting will occur if any owner, agent, licensee or
other responsible person has been notified by inspection report of the
items which must be corrected within a certain stated period of time and
that the corrections have not been made. Current occupants shall have
not more than 60 days to vacate a posted property. Current occupants
shall vacate posted property immediately if such occupancy will cause
imminent danger to the health or safety of the occupants. No person,
other than the Enforcement Official or his representative, shall remove or
tamper with any placard used for posting. No person shall reside in,
occupy or cause to be occupied any building, structure or dwelling which
has been posted to prevent occupancy.
Section 6: Right of Appeal
5A.306(1)
When a person to whom a Compliance Order is directed alleges that such
Compliance Order is based upon erroneous interpretation of the Ordnance
or upon a misstatement or mistake of fact, such person may appeal as set
forth in §6.202(1 ).
Section 7: Board of Appeals
5A.307(1)
Upon at least five (5) business days notice to the appellant of the time and
place for hearing the appeal and within 30 days after said appeal is filed,
the Board of Appeals shall hold a headng thereon. All headng notices
shall be given in the same manner prescribed for giving notice of
Compliance Orders under 5A.303(1). All appeals shall be conducted in
accordance with Sec. 203, Uniform Housing Code, 1985 edition,
International Conference of Building Officials.
Article IV Licensing
Section 1: License Required
5A.401(1)
Section 2:
5A.402(1)
(a)
(b
No person, firm or corporation shall operate a rental dwelling in the City
without having first obtained a license as hereinafter provided from the
Building Official. Each such license shall register annually with the City. If
the license in denied, no occupancy of dwelling units then vacant or which
become vacant is permitted until a license has been issued. Apartment
units within an unlicensed apartment building for which a license
application has been made and which units are in compliance with this
Chapter 5A and with §6.202(1) may be occupied provided that the
unlicensed units within the apartment building do not create a hazard to
the health and safety of persons in occupied units.
License Procedures
Within 180 days after the passage of Chapter 5A, the owner of any rental
unit within the City shall apply to the Building Official for a rental housing
license in the manner hereafter prescribed.
Application shall be made on forms provided by the City and accompanied
by the initial fee in an amount set by resolution of the City Council. The
owner of an apartment building or rental home constructed after the date
of passage of this Ordinance shall obtain a license prior to actual
occupancy of any rental unit therein.
Applicants shall provide the following information on license applications:
(1)
Name and address of owner of the rental dwelling and the name
and address of the operator or agent actively managing said rental
dwelling.
(2)
The name and address of the vendee if the rental dwelling is being
sold on a contract for deed.
(3) The legal description and address of the rental dwelling.
(4)
The number and kind of units within the rental dwelling, the floor
area for each such unit and the total floor area for the building.
(5)
The number of toilet and bath facilities shared by the occupants of
two or more dwelling units.
(6)
A description of the type of construction of the exterior of the
building.
(7) The number of paved off-street parking spaces available.
(8)
Name and address of person to whom owner/applicant wishes a
certified letter to be sent for purposes of §5A.303 (1)(d).
(9)
All owners of rental dwellings shall provide telephone access
number(s) to be used in emergency situations, including emergency
maintenance and repair. This requirement shall be a condition
precedent to the issuance of any rental license.
(10)
Such other information as the administrative service shall require.
Said information may include, but is not limited to tenant lists which
include tenants name, unit, and identifying information (i.e. date of
birth, social 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 propedy 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 cimumstances 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
Section 6:
5A.406(1)
Section 7:
5A.407(1)
(a)
(b)
(c)
(d)
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.
License Transfer
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.
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 City Inspection Department, and
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
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
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:
5A.408(1)
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.
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 headng 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 matedal fact in any
application for a license under this chapter shall be a prima facie showing
of cause for revocation, suspension, or other such action restricting the
privileges of a licensee as the Council may determine.
Section 9: License Fees
5A.409(1)
License fees, inspection fees, and reinspection fees shall be established
by Council resolution.
Section 10: Conduct on Licensed Premises
5A.410 (1)
It shall be the responsibility of the licensee to take appropriate action
following conduct by persons occupying the premises which is determined
to be disorderly, in violation of any of the following statutes or ordinances:
(a) MN Stat. §609.75 through 609.76, which prohibit gambling;
(b) MN Stat. §609.321 through 609.324 which prohibit prostitution and acts
relating thereto;
(c)
MN Stat. { I 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.
(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 wdtten report shall be
submitted to the Police Chief (Department) within 5 days of receipt of the
notice of disorderly use of the premises and shall detail 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
cdminal charges be brought to support a determination of disorderly use,
nor shall the fact of dismissal or acquittal of criminal charges operate as a
bar to adverse license action under this section.
Remedies
Hazardous Building Declaration
In the event that a dwelling has been declared unfit for human habitation
and the owner has not remedied the effects within a prescribed reasonable
time, the dwelling may be declared a hazardous building and treated in
accordance with the provisions of Minnesota Statutes.
Section 2:
5A.502(1)
Section 3:
5A.503(1)
Section 4:
5A.504(1)
Article VI:
5A.601
5A.602
Secure Unfit and vacated Dwellings
The owner of any dwelling or dwelling unit which has been declared unfit
for human habitation or which is otherwise vacant for a period of 60 days
or more shall make the same safe and secure so that it is not hazardous to
the health, safety and welfare of the public and does not constitute a public
nuisance. Any vacant dwelling open at the doors, windows or other wall
openings, if unguarded, shall be deemed to be a hazard to the health,
safety and welfare of the public and shall constitute a public nuisance
within the meaning of this Code.
Failure to Comply
Upon failure to comply with a Compliance order within the time set therein,
and no appeal having been taken, or upon failure to comply with a
modified Compliance Order within the time set therein, the criminal penalty
established hereunder notwithstanding, the City Council, after due notice
to the owner, may by resolution declare the condition to constitute a public
nuisance and cause the cited deficiency to be remedied as set forth in the
Compliance Order. The cost of such remedy shall be a lien against the
subject real estate and may be levied and collected as a special
assessment in accordance with Minnesota Statutes Chapter 429, for
abatement of nuisances and specifically for the removal or elimination of
public health or safety hazards from private property. Any assessment
levied thereunder shall be payable in a single installment. The intent of
this section is to authorize the City to utilize all of the provisions of this
Code and of Minnesota law to protect the public's health, safety and
general welfare.
Remedies Cumulative
Any remedies pursued under this §5A.501 to 5A.503, inclusive, are in
addition to the remedies or penalties prescribed under §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
5A.603
5A.604
5A.605
5A.606
5A.607
5A.608
5A.609
5A,610
5A.611
payment is for occupancy for a period during which the dwelling or
dwelling unit is not license pursuant to this Chapter.
No person, firm, corporation or licensee shall refuse or fail to allow the
Building Official to enter a dwelling or unit 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.
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 Building Official, 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.
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)
(0
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 dghts to personal
pdvacy.
Section 2: Applicability
5A. 102(1)
Section 3:
5A. 103(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
This Code establishes minimum standards for maintaining dwellings,
accessory structures and premises. This Code is intended to provide
standards for housing. Applicable requirements shall apply to all
apartment units, homes, accessory structures, rooming houses, lodging
and/or boarding houses and house trailers used or intended for use for
human habitation.
Definitions
The following definitions shall apply in the interpretation and enforcement
of this Code, to wit;
Accessory Structure. A structure subordinate to the main or principal
dwelling or dwellings which is not authorized to be used for living or
sleeping by human occupants and which is located on or partially on the
premises.
Apartment Unit. Apartment, apartment unit, dwelling unit, or unit means a
room or group of rooms located within a building which form a single
habitable unit with facilities which 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.
(J)
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 right-of -way either occupied or unoccupied by any dwelling or
structure.
Public Hall. A hall, corddor 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. A place where rodents commonly live, nest, or
establish their habitat.
Replace or Replacement. To remove an existing or portion of a system
and to construct or install a new item or a quality similar to that of the
existing item when it was new. Replacement ordinarily takes place when
repair of the item is impractical.
Rooming Houses. Any group of rooms which form single habitable units
used or intended to be used for living and sleeping, but not for cooking or
eating purposes.
Rubbish. Rubbish is defined in 55.605(2) (b)of this City Code.
Safe. The condition of being free from danger and hazards which may
cause accidents or disease.
Story, First. The lowest story in a building which qualifies as a story, as
defined herein, except that a floor level in a building having only one floor
level shall be classified as a first story, provided such floor level is not
more than four feet below grade, as defined herein, for more than fifty
percent of the total perimeter, or more than eight feet below grade, as
(fl)
(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 propedy 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 propedy 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 propedy 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,
(d)
(e)
(f)
(g)
sufficient space and adequate functioning connections for the installation
and operation of the stove and refrigerator must exist.
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.
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 pdvacy. A bathtub or
shower shall be properly connected to an approved water supply system,
shall provide at all times an adequate amount of heated and unheated
water under pressure, and shall be connected to the City sewer system.
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 properly installed, which shall
be maintained in a safe working condition and which shall be connected to
a source of electric power in a manner prescribed by §6.201(1). The
minimum capacity of such electric outlets and fixtures shall be as follows:
(1)
A dwelling containing two or more units shall have at least the
equivalent or sixty (60) ampere, three-wire electric service per
dwelling unit.
(2)
Each dwelling unit shall have a least one branch electric circuit for
each six hundred (600) feet of dwelling unit floor area.
(3)
Every habitable room shall have at least the lessor of two floor or
wall type electric convenience outlets or one such outlet for each
sixty (60) square feet or fraction thereof of total floor area; provided,
however, the one ceiling or wall type light fixture may be substituted
for one required electric outlet.
(4)
Every water closet compartment, bathroom, kitchen, laundry room,
and furnace room shall contain at least one supplied ceiling or wall
type electric light fixture, and every bathroom, kitchen, and laundry
room shall contain at least one electric convenience outlet.
(5)
Every public hall and stairway in every rental dwelling shall be
effectively illuminated by natural or electdc light at all times. In
structures containing not more than two dwelling units, conveniently
located functioning light switches controlling an adequate
functioning lighting system which may be turned on when needed
may be substituted for full-time lighting.
Section 4:
5A.204(1)
Minimum Thermal Standards
No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living, sleeping,
cooking or eating therein unless such dwelling or dwelling unit shall have
heating facilities which are properly installed and maintained in safe and
functioning condition, which are capable of safely heating all habitable
rooms, bathrooms and water closet compartments in every dwelling unit
located therein to a temperature of at least seventy (70) degrees
Fahrenheit at a distance of three (3) feet above floor level and at three (3)
feet from exterior walls, and which shall comply with the following
requirements, to-wit:
(a)
(b)
(c)
(d)
Section 5:
5A.205(1)
(a)
(b)
Gas or electrical appliance designed pdmadly 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, extedor walls and extedor 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 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
extedor surfaces, other than decay resistant materials, shall be covered by
paint or other protective covedng or treatment which protects the exterior
surfaces from elements and decay in a functioning manner. If 25% or
more of the total extedor surface of the pointing of any bdck, block or
stone wall is loose or has fallen out, the surface shall be protected as
heretofore provided.
Windows, Doors and Screens. Every window, extedor door and hatchway
shall be tight and shall be kept in repair. Every window other than fixed
window shall be capable of being easily opened and shall be equipped
with screens between May 1 and September 30, inclusive, of each year.
Every window, door and frame shall be constructed and maintained in
such relation to the adjacent wall construction as to completely exclude
rain, vermin, rodents, and insects from entedng the building.
(c) Floors, Intedor Walls and Ceilings. Every floor, intedor wall and ceiling
(d)
(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 floodng materials.
Every intedor wall and ceiling shall be maintained in a tight weatherproof
condition and may not be covered wholly or partially by toxic paint or
materials with a lasting toxic effect. Every toilet room and bathroom floor
surface shall be capable of being easily maintained in a clean state.
Rodent Proof. Each part of every dwelling shall be rodent resistant. All
openings in extedor walls, foundations, basements, ground or first floors or
roofs which have an opening of %" 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 extedor of such structures shall be
covered with decay-resistant materials such as paint or other
preservatives.
Safe Building Elements. Every foundation, roof, floor, extedor wall, interior
wall, ceiling, inside stair, outside stair, porch, balcony and every
appurtenance to each of the foregoing shall be 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 fioor 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 §5^.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, barder, 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 barder 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.
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
(c)
(d)
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.
General Screening. All loading, service utility, mechanical equipment, and
outdoor storage areas, including dumpsters and refuse containers for
dwellings of three (3) or more units shall be screened from all public roads
and adjacent residential uses of property. All parking lots for dwellings of
three (3) or more units if the property on which the lot is located abuts a
differing land use and is not separated from the differing land use by a
public street, roadway or alley shall be screened from adjacent differing
land uses. Screening shall consist of any combination of the earth
mounds, walls, fences, shrubs, compact evergreen trees, or dense
deciduous hedge six (6) feet in height. Hedge materials must be at least
three (3) feet in height, and trees must be at least six (6) feet in height at
planting. The height and depth of the screening shall be consistent with
the height and size of the area for which screening is required. When
natural materials, such as trees or hedges, are used to meet the screening
requirements of this sub-section, density and species of planting shall be
such to achieve seventy-five (75) percent capacity year-round.
Other Parking Lot Screening. All parking lots for dwellings of three (3) or
more units which are not required to be screened pursuant to
§5A.207(1 )(c) must either provide screening pursuant to §5A.207 (1) (c) or
provide a minimum on one deciduous tree for every forty-five (45) feet or
portion thereof of parking lot perimeter planted adjacent to the nearest
roadway abutting the property on which the parking lot is located.
(e)
Fences. All fences and screening devices shall be built and regulated in
accordance with Chapter 6, Article IV of the Columbia Heights City Code,
which is incorporated herein by reference.
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.
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 moro units, parking areas and pedestrian
walkways must have a minimum light of 1 foot candle, and the maximum
light at the boundary line of the premises may not exceed 3 foot candles.
Driveways leading to parking areas and/or access ways to buildings must
be maintained and kept in good repair. In cases of tenant parking areas
all parking stalls and driveways with access to tenant parking shall be hard
surfaced with asphalt or concrete by July 1, 1998.
Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars
shall be regulated in accordance with Chapter 7, Article II, Section 5 of the
Columbia Heights City Code, which is incorporated herein by reference.
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 widng when such wiring is
served from a commercial source. Wiring shall be permanent and without
a disconnecting switch other than those required for over current
protection.
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 material 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
(b)
Section 4:
5A.304(1)
(a)
(b)
(c)
(d)
(e
Orders by the Housing Enforcement Officer of the City of Columbia
Heights; or
During the past year, two or more tenant complaints on single
family/duplex/triplex have been received or four or more tenant complaints
on a four-plex or other multiple dwelling have been received and
substantiated (Residential Maintenance Code violations were issued
based on the complaints). Multiple complaints arising out of the same
maintenance problem, which occur within a period of one week, shall be
considered to be one complaint for the purposes of this Section.
If any one of the above set forth conditions occur, the Housing
Enforcement Officer will notify the landlord, in 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 pedod of one year from the date of notification by the Housing
Enforcement Officer, however, that time shall be extended if any of the
above set forth conditions continue to exist.
Compliance Order
Whenever the Housing Enforcement Officer determines that any dwelling,
dwelling unit or the premises surrounding any of these fails to meet the
provisions of this Ordinance, he/she may issue a Compliance Order setting
forth the violations of the Ordinance and ordedng the owner, occupant,
operator, or agent to correct such violations. The Compliance Order shall:
Be in writing;
Descdbe the location and nature of the violations of this Code;
Establish a reasonable time not greater than 6 months for the correction of
such violation and advise the person to whom the notice is directed of the
right to appeal; and
Advise the person to whom the notice is directed of the right to appeal;
and
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 headng notices
shall be given in the same manner prescribed for giving notice of
Compliance Orders under 5A.303(1). All appeals shall be conducted in
accordance with Sec. 203, Uniform Housing Code, 1985 edition,
International Conference of Building Officials.
Article IV Licensing
Section 1: License Required
5A.401(i)
No person, firm or corporation shall operate a rental dwelling in the City
without having first obtained a license as hereinafter provided from the
Housing Enforcement Officer. Each such license shall register annually
with the City. If the license in denied, no occupancy of dwelling units then
vacant or which become vacant is permitted until a license has been
issued. Apartment units within an unlicensed apartment building for which
a license application has been made and which units are in compliance
with this Chapter 5A and with §6.202(1) may be occupied provided that the
unlicensed units within the apartment building do not create a hazard to
the health and safety of persons in occupied units.
Section 2: License Procedures
5A.402(1)
Within 180 days after the passage of Chapter 5A, the owner of any rental
unit within the City shall apply to the Housing Enforcement Officer for a
rental housing license in the manner hereafter prescribed.
(a)
Application shall be made on forms provided by the City and accompanied
by the initial fee in an amount set by resolution of the City Council. The
owner of an apartment building or rental home constructed after the date
of passage of this Ordinance shall obtain a license 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 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).
(c)
Section 3:
5A.403(1)
Section 4:
5A.404(1)
5A.404(2)
Section 5:
5A.405(1)
(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).
Failure to complete, in full, the required license application shall be
grounds for denial of the license.
Application and Inspection
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.
Issuance of Rental Housing License
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.
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.
License Display
A license issued under this Chapter shall be conspicuously displayed on
the rental premises wherever feasible. The licensee shall promptly
produce the license upon demand or a prospective tenant or the Housing
Enforcement Officer or his/her authorized representative.
Section 6: License Transfer
5A.406(1)
The license is transferable upon application to the Housing Enforcement
Officer and payment of the license transfer fee by the prospective owner if
the licensed premises is in compliance with the Code. The license shall
terminate if renewal or application for transfer is not made within 30 days
after transfer of ownership of the dwelling unit. The amount of the transfer
shall be set by resolution of the Council.
Section 7: License Renewal
5A.407(1)
All rental licenses shall be effective for a 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 Housing Enforcement Officer and
(b)
Mailing the renewal form and the required registration fee to the Housing
Enforcement Officer, and
(c)
Successful completion of the Housing Maintenance Code inspection as
required by Section 5A.303 (1) of this Ordinance.
Such renewal shall only be effective upon successful completion of all the
above set forth requirements. Further, said renewal or registration may be
made only when no change in ownership, operation, agency or type of
occupancy of the rental dwelling has occurred in the last licensing year.
Section 8: Suspension or Revocation
5A.408(1)
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 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)
(c)
5A.408(3)
5A.408(4)
Section 9:
5A.409(1)
Section 10:
5A.410 (1)
(a)
(b)
(c)
(d)
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.
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.
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 pdma facie showing of cause for revocation, suspension, or other action
restricting the privileges of a licensee as the council may determine.
Nondisclosure, misrepresentation or misstatement of a matedal fact in any
application for a license under this chapter shall be a prima facie showing
of cause for revocation, suspension, or other such action restricting the
privileges of a licensee as the Council may determine.
License Fees
Licens® fees, inspection fees, and reinspection fees shall be established
by Council resolution.
Conduct on Licensed Premises
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:
MN Stat. {}609.75 through 609.76, which prohibit gambling;
MN Stat. {}609.321 through 609.324 which prohibit prostitution and acts
relating thereto;
MN Stat. § I 52.01 through 152.025, and {} I 52.027, subds. I and 2,
which prohibit the unlawful sale or possession of controlled substances;
MN Stat. {}340A.401, which prohibits the unlawful sale of alcoholic
beverages;
(e) MN Stat. {}609.33, which prohibits owning, leasing, operating, managing,
(f)
(g)
(h)
(i)
(J)
(k)
5A.410(2)
5A.410(3)
5A.410(4)
maintaining, or conducting a disorderly house or inviting or attempting to
invite others to visit or remain in a disorderly house;
Section 10.312 of this code, which prohibits noisy assemblies;
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
MN Stat. §609.72, which prohibits disorderly conduct.
MN Stat. §609.221 through 609.224, which prohibits assaults, including
domestic assault as defined in MN Stat. § 518B.01.
Violation of laws relating to contributing to need for protection or services
or delinquency of a minor as defined in MN Stat. §260.315.
Section 8.201 et al. of this Ordinance which relates to animal noises and
public nuisances.
The Police Chief (Department) shall be responsible for enforcement and
administration of this section.
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.
If another instance of disorderly use of the licensed premises occurs within
three (3) months of an incident for which a notice in subsection (3) was
given, the Police Chief (Department) shall notify the licensee by mail of the
violation and shall also require the licensee to submit a written report of
the actions taken, and proposed to be taken, by the licensee to prevent
further disorderly use of the premises. This wdtten report shall be
submitted to the Police Chief (Department) within 5 days of receipt of the
notice of disorderly use of the premises and shall detail 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 during the pendency of
eviction proceedings (unlawful detainer) or within thirty (30) days of notice
given by the licensee to a tenant to vacate the premises, where the
disorderly use was related to conduct by that tenant or by other occupants
or guests of the tenant's unit. Eviction proceedings shall not be a bar to
adverse license action, however, unless they are diligently pursued by the
licensee. Further, an action to deny, revoke, suspend, or not renew a
license based upon violations of this section may be postponed or
discontinued at any time if it appears that the licensee has taken
appropriate measures which will prevent further instances of disorderly
use.
A determination that the licensed premises has been used in a disorderly
manner as described in subsection (1) shall be made upon substantial
evidence to support such a determination. It shall not be necessary that
criminal charges be brought to support a determination of disorderly use,
nor shall the fact of dismissal or acquittal of cdminal charges operate as a
bar to adverse license action under this section.
Remedies
Hazardous Building Declaration
In the event that a dwelling has been declared unfit for human habitation
and the owner has not remedied the effects within a prescribed reasonable
time, the dwelling may be declared a hazardous building and treated in
accordance with the provisions of Minnesota Statutes.
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.
Section 3: Failure to Comply
5A.503(1)
Upon failure to comply with a Compliance order within the time set therein,
and no appeal having been taken, or upon failure to comply with a
modified Compliance Order within the time set therein, the criminal penalty
established hereunder notwithstanding, the City Council, after due notice
to the owner, may by resolution declare the condition to constitute a public
nuisance and cause the cited deficiency to be remedied as set forth in the
Compliance Order. The cost of such remedy shall be a lien against the
subject real estate and may be levied and collected as a special
assessment in accordance with Minnesota Statutes Chapter 429, for
abatement of nuisances and specifically for the removal or elimination of
public health or safety hazards from private property. Any assessment
levied thereunder shall be payable in a single installment. The intent of
this section is to authorize the City to utilize all of the provisions of this
Code and of Minnesota law to protect the public's health, safety and
general welfare.
Section 4: Remedies Cumulative
5A.504(1)
Any remedies pursued under this §5A.501 to 5^.503, inclusive, are in
addition to the remedies or penalties prescribed under §5A.601 to 5A.611,
inclusive.
Section 5: Cost Recovery
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,
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 1 of each year, the Clerk shall bill each property
owner of each affected lot or parcel for their portion of the charges
authorized hereunder plus the reasonable cost of administering the billings
and collection procedures.
The Clerk shall list the total unpaid charges against each separate lot or
parcel to which such charges are attributable on or before September 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 (§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 period during which the dwelling or
dwelling unit is not license pursuant to this Chapter.
No person, firm, corporation or licensee shall refuse or fail to allow the
Housing Enforcement Officer to enter a dwelling or unit pursuant to an
administrative search warrant for the purposes of inspection when
authorized by this Chapter.
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
No person who is an occupant of a rental dwelling or rental dwelling unit
shall cause a rental dwelling, rental dwelling unit or the premises on which
a rental dwelling unit is located to become in violation of any of the
maintenance standards set forth in Chapter 5A, Article II (§5A.201, et.
seq.), normal wear and tear excepted.
5A.607
No person shall occupy an unlicensed dwelling or dwelling unit if such
dwelling unit is required to be licensed under this Chapter.
5A.608
No occupant of any rental dwelling or rental unit shall fail to allow or refuse
entry to the Housing Enforcement Officer, 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 ($700.00) or to
imprisonment not to exceed ninety (90) days, or both, for each offense.
Each day that a violation exists shall constitute a separate offense.
SECTION 2: This ordinance shall be in full force and effect from and after thirty (30)
days after its passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Jo-Anne Student, Council Secretary
CITY COUNCIL LETTER
Meeting of: December 13, 1999
AGENDA SECTION: Other Business ORIGINATING DEPT.: Ik CITY MANAGER
NO: 7~- [ License Delmrtment ~J~t,14/lfh ~.~ APPROVAL
ITEM: Tobacco/Cigarette Sales Application BY: Kathryn Pepin /~ ~
NO: 4259 Central Ave. N.E., Holiday Station DATE: December 9, 1999 ~lo$t.q
Store
J'V
Background
In April of 1999, the license holder was issued an administrative tag for the sale of cigarettes to a minor during a city compliance check.
A copy of that section of City Code pertaining to the licensing of cigarette/tobacco sales is attached.
Section 5.302(3)(B) of the City Code states "The City Council may either approve or deny the license, or it may delay action for such reasonable
period of time as necessary to complete any investigation of the application or the applicant it deems necessary. The clerk will refer the completed
application to the Police Department for a background and record check prior to formal review by the City Council. If the City Council shall approve
the license, the License Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to
the applicant along with notice of the applicant's right to appeal the Council's decision".
Under Section 5.302(5), the Basis For Denial states "The following shall be grounds for denying the issuance or renewal of a license under this
ordinance; However, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city
must deny the license: ... (B) The applicant or any employee thereof has been convicted within the past five years of any violation of a Federal,
State or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices".
Section 5.302(6) (A) states "It shall be a violation of this ordinance for any persons, employee, or responsible party to sell or offer to sell any
tobacco, tobacco product, or tobacco related device to any person under the age of eighteen (18) years".
Section 5.302(0) states "All licenses under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco,
tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by
the license holder. It shall be the license holders responsibility to provide training to any employee conducting tobacco sales and/or sales of tobacco
related products and devices and to document proof of such training to be provided upon request by any enforcing agent of the city".
Section 5.302(11)(A) states" Illegal Sales. It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco
product, or tobacco related device to any minor".
5.302(12) states "In addition to any fine or other penalty, whether civil or criminal, violation of this ordinance by a licensee under this ordinance
shall be grounds for the suspension or revocation of the license".
COUNCIL ACTION:
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: Tobacco/Cigarette Sales Application BY: Kathryn Pepin
BY:
NO: 4259 Central Ave. N.E., Holiday Station DATE: December 9, 1999
Store
Page 2
Section 5.302(13), Penalties, states "Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance,
shall be charged an administrative fine of ~75.00 for a first violation of this ordinance; $200.00 for a second offense at the same licensed premises
within a 24 month period; and $250.00 for a third or subsequent offense at the same location within a 24 month period. In addition, after the
third offense, the license shall be suspended for not less than seven {7) days".
Analysis
Attached is a copy of the memo from Captain Ruddy of the Police Department. It is his intention that this information be presented to the City
Council for their determination as to whether the application for a license to sell tobacco/cigarette products at the Holiday Station Store, 4259
Central Avenue, should be approved or denied based upon the information provided herein. If approval is granted, staff recommends that the
Council issue a warning to the applicants that their license may be in jeopardy if continued sales to minors occurs.
As a point of information, the application from Holiday Station Stores for renewal of their license to sell gasoline is being detained by the Fire
Department due to the fact that there are outstanding code items. If these items meet compliance at the time of the next scheduled inspection,
the license renewal application will appear on the agenda for the next City Council meeting.
ALTERIATIVE MOTIOIII$:
Mov. to approve the request for a license to allow the sale of tobacco/cigarette products at the Holiday Station Store, 4259 Central Avenue;
however, the applicant is cautioned to observe the age requirements of cigarette/tobacco sales as their license to continue such sales could be
in jeopardy if further violations occur.
Move to deny the request for a license to allow the sale of tobacco/cigarette products at the Holiday Station Store, 4259 Central Avenue due
to violation of Section 5.302 of the City Code.
COUNCIL ACTION:
COLUMBIA HEIGHTS POLICE DEPARTMENT
MEMO
To:
From.'
Subject:
Date:
Captain Roddy~
License Renewal Applications
December 07,1999
In reviewing the application renewal forms for the following three vendors, I have discovered a
potential problem. Two vendors have been cited within the last year for failing to identify
underage tobacco purchasers on 12-15-98. Anoka County Court misdemeanor citations were
written to the licensees. According to city ordinance 853/5.305(5)(B) any vendor with such a
conviction on record may be denied license renewal.
I have confirmed that the convictions (pleas) are on record for the offences cited during our
semi-annual tobacco cOmpliance checks at the two businesses.
A third vendor was cited on aa administrative tag on 04-26-99 (fine paid) for "sale of tobacco to
a minor", therefore, I wish to pass the information to the City Council for their information as to
whether to issue the license renewals which have been requested by the licensees.
Criminal convictions:
Sadiq Punjani (5011 University Ave)
Gary Peterson (5257 University Ave)
Admin Tag:
Arnold Mickelson (4259 Central Ave NE)
CITY OF COLUHBI.A HEIGHTS
Amended Ordinance #1371
Dated May 11, 1998
SECTION 2
CIGARETTE/TOBACCO SALES
5.302(1)
PURPOSE. An ordinance relating to the sale, possession, and use of tobacco, tobacco
products, and tobacco related devices in the City and to reduce tho illegal sale,
possession, and use of such items to and by minors.
Because tho City recognizes that many persons under the age of 18 years purchase or
othorwise obtain, possess, and use tobacco, tobacco products, and tobacco related
devices, and such sales, possession, and use are violations of State laws; studies have
shown that most smokers begin smoking before thoy hove reachod tho age of 18 years
and that those persons who reach tho age of 18 years without having started smoking
are significantly less likely to begin smoking; and because smoking has been shown to
be the cause of several serious hoelth problems which subsequently place a financial
burden on all levels of government; this ordinance shall ho intended to regulate tho sale,
possession, and use of tobacco, tobacco products, and tobacco related devices for tho
purpose of enforcing and furthoring existing laws, to protect minors against the serious
effects associated with the illegal uss of tobacco, tobacco products, and tobacco related
devices, and to further the official public policy of the State of Minnesota in regard to
preventing young people from starting to smoke as stated in Mn. Statute 144.391.
5.302(2)
DEFINITIONS AND INTERPRETATIONS. Except as may othorwise ho provided or
clearly implied by context, all terms shall ho given their commonly accepted definitions.
The singular shall include the plural and the plural shall include tho singular. The
masculine shall include the feminine and neuter, and vice-versa. Tho term "shall" means
mandatory and the term "may" means permissive. The following terms shall have the
definitions given to them:
(A) Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall mean any
substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars;
pipe tobacco; snuff; fine cut or othor chewing tobacco; cheroots; stogies; perique;
granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers;
cavendish; shorts~plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings,
cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared
in such manner as to ho suitable for chewing, sniffing, or smoking.
(B) Tobqcco Related Devices, "Tobacco related devices" shall mean any tobacco
product as well as a pipe, rolling papers, or other device used in a manner which enables
the chewing, sniffing, or smoking of tobacco or tobacco products.
(C) Self-Service Merchandisino. "Self-Service Merchandising" shall mean open displays
of tobacco, tobacco products, or tobacco related devices in any manner where any
person shall have access to the tobacco, tobacco products, or tobacco related devices,
without the assistance or intervention of the licensee or the licensee's employee. The
assistance or intervention shall entail the actual physical exchange of the tobacco,
tobacco product, or tobacco related device between the customer and the licensee or
employee. Self-service merchandising shall not include vending machines.
(D) Vendino Machine. "Vending Machine" shall mean any mechanical, electric or
electronic, or other type of device which dispenses tobacco, tobacco products, or
tobacco related devices upon the insertion of money, tokens, or other form of payment
directly into the machine by the person seeking to purchase the tobacco, tobacco
product, or tobacco related device.
(E) Individually Pack,ed. "Individually packaged" shall mean the practice of selling any
tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco
and tobacco products shall include, but not he limited to, single cigarette packs, single
bags or cans of loose tobacco in any form, and single cans or other packaging of snuff
or chewing tobacco. Cartons or other packaging containing more than a single pack or
other container as described in this section shall not he considered individually packaged.
(F) I, oosies. "Loosies" shall mean the common term used to refer to a single or
individually packaged cigarette.
(G) Minor. "Minor" shall mean any natural person who has not yet reached the age of
eighteen (18) years.
(H) Retail Establishment. "Retail Establishment" shall mean any place of business
where tobacco, tobacco products, or tobacco related devices are available for sale to the
general public. Retail establislmmnts shall include, but not be limited to, grocery stores,
convenience stores, and restaurants.
(I) Moveable Place of Busirwss. "Moveable Place of Business" shall refer to any form
of business operated out of a truck, van, automobile, or other type of vehicle or
transportable shelter and not a fixed address store front or other permanent type of
structure authorized for sales transactions.
(J) Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or other
consideration.
(K) Compliance Checks. "Compliance Checks" shall mean the system the City uses to
investigate and ensure that those authorized to sell tobacco, tobacco products, and
tobacco related devices are following and complying with the requirements of this
ordinance. Compliance checks shall involve the use of minors as authorized by this
ordinance. Compliance checks shall also mean the use of minors who attempt to
purchase tobacco, tobacco products, or tobacco related devices for educational,
research and training purposes as authorized by State and Federal laws. Compliance
checks may also be conducted by other units of government for the purpose of enforcing
appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco
products, and tobacco related devices.
5.302(3)
LICENSE REOUIRED. No person shall sell or offer to sell any tobacco, tobacco
products, or tobacco related devices without first having obtained a license to do so
from the City.
(A) Application. An application for a license to sell tobacco, tobacco products, or
tobacco related devices shall be made on a form provided by the City. The application
shall contain the full name of the applicant, the applicant's residential and business
addresses and telephone numbers, the name of the business for which the license is
sought, and any additional information the city deems necessary. Upon receipt of a
completed application, the License Clerk shah forward the application to the City Council
for action at its next regularly scheduled meeting. If the clerk shall determine that an
application is incomplete, he or she shall return the application to the applicant with
notice of the information necessary to make the application complete.
(B) Action. The City Council may either approve or deny the license, or it may delay
action for such reasonable period of time as necessary to complete any investigation of
the application or the applicant it deems necessary. The clerk will refer the completed
application to the Police Department for a background and record check prior to formal
review by the City Council. If the 'City Council shall approve the license, the License
Clerk shall issue the license to the applicant. If the City Council denies the license,
notice of the denial shall be given to the applicant along with notice of the applicant's
right to appeal the Council's decision.
(C) Term. The term of each license shall follow the calendar year with an expiration
date of December 31 of each year and are not pro-rated.
(D) Revocation or Susoension. Any license issued under this ordinance may be revoked
or suspended as provided in the Violations and Penalties section of this ordinance.
(E) Transfers. All licenses issued under this ordinance shall be valid only on the premises
for which the license was issued and only for the person to whom the license was
issued. Change of location or applicant will be required to be treated as a new
application.
(F) MoveQble Place of Business. No license shall be issued to a moveable place of
business. Only fixed location businesses shall be eligible to be licensed under this
ordinance.
(6) Display. All licenses shall be posted and displayed in plain view of the general public
on the licensed premise.
(H) Renewals. The renewal of a license issued under this section shall be handled in the
same manner as the original application. The request for renewal shall be made at least
sixty days but no more than ninety days before the expiration of the current license. The
issuance of a license issued under this ordinance shall be considered a privilege and not
an absolute right of the applicant and shall not entitle the holder to an automatic
renewal of the license.
5.302(4)
FI~ES. No license shall be issued under this ordinance until the appropriate license fee
shall be paid in full.
5.302(5)
BASIS FOR DENIAL OF LICENSE. The following shall be grounds for denying the
issuance or renewal of a license under this ordinance; however, except as may otherwise
be provided by law, the existence of any particular ground for denial does not mean that
the city must deny the license. If a license is mistakenly issued or renewed to a person,
it shall be revoked upon the discovery that the person was ineligible for the license under
this Section:
(A) The applicant is under the age of 18 years.
(B) The applicant or any employee thereof has been convicted within the past five years
of any violation of a Federal, State, or local law, ordinance provision, or other regulation
relating to tobacco or tobacco products, or tobacco related devices.
(C) The applicant has had a license to sell tobacco, tobacco products, or tobacco related
devices revoked within the preceding twelve months of the date of application.
(D) The applicant fails to provide any information required on the application, or provides
false or misleading information.
(E) The applicant is prohibited by Federal, State, or other local law, ordinance, or other
regulation, from holding such a license.
5.302(6)
PROHIBITED SALES. It shall be a violation of this ordinance for any persons,
employee or responsible party to sell or offer to sell any tobacco, tobacco product, or
tobacco related device:
(A) To any person undor the age of eighteen (18) years.
(B) By means of any type of vending machine.
(C) By means of self-service methods whereby the customer does not need to make a
verbal or written request to an employee of the licensed premise in order to receive the
tobacco, tobacco prodUCt, or tobacco related device and whereby there is not a physical
exchange of the tobacco, tobacco product, or tobacco related device between the
licensee or the licensee's employee, and the customer.
(D) By means of Ioosies.
(E) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine,
marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance
except nicotine and other substances found naturally in tobacco or added as part of an
otherwise lawful manufacturing process.
(F) By any other means, to any other person, or in any other manner or form prohibited
by Federal, State, or other local law, ordinance provision, or other regulation.
5.302(7)
5.302(8)
5.3O2(9)
5.302(10)
VENDING MACHINES PROHIBITION. It shall be unlawful for any person licensed
under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related
devices by the means of a vending machine.
SI~LF-SERVICE SALES. It shall be unlawful for a licensee under this ordinance to allow
the sale of tobacco, tobacco products, or tobacco related devices by any means whereby
the customer may have access to such items without having to request the item from
the licensee or the licensee's employee and whereby there is not a physical exchange of
the tobacco, tobacco product, or the tobacco related device between the licensee or his
or her clerk and the customer. All tobacco, tobacco products, and tobacco related
devices shall either he stored behind a counter or other area not freely accessible to
customers or in a case or other storage unit not left open and accessible to the general
public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the
time this ordinance is adopted shall comply with this section before a new license is
issued for the next license year.
RESPONSIBILITY. All licensees under this ordinance shall be responsible for the actions
of their employees in regard to the sale of tobacco, tobacco products, or tobacco related
devices on the licensed premises, and the sale of such an item by an employee shall be
considered a sale by the license holder. It shall he the license holders responsibility to
provide training to any employee conducting tobacco sales and/or sales of tobacco
related products and devices and to document proof of such training to be provided upon
request by any enforcing agent of the City.
COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to
inspection by the City Police or other authorized City Official during regular business
hours. From time to time, but at least once per year, the City shall conduct compliance
checks by engaging, with the written consent of their parents or guardians, minors over
the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed
premise to attempt to purchase tobacco, tobacco products, or tobacco related devices.
Minors used for the purpose of compliance checks shall be supervised by City designated
law enforcement officers or other designated City personnel. Minors used for the
purpose of compliance checks shall not he guilty of unlawful possession of tobacco,
tobacco products, or tobacco related devices when such items are obtained as a part of
the compliance check. No minor used in compliance checks shall attempt to use a false
identification misrepresenting the minor's age, and all minors lawfully engaged in a
compliance check shall answer all questions about the minors age asked by the licensee
or his or her employee and shall produce any identification for which he or she is asked.
Nothing in this section shall prohibit compliance checks authorized by State or Federal
laws for educational, research, or training purposes, or required for the enforcement of
a particular State or Federal law.
5.302(11)
OTHER ILLEGAL ACTS. Unless otherwise provided, the following acts shall be a
violation of this ordinance.
A. IlleGal Sales. it shall be a violation of this ordinance for any person to sell or
otherwise provide any tobacco, tobacco product, or tobacco related device to any minor.
B. Illagat Possession. It shall be a violation of this ordinance for any minor to have in his
or her possession any tobacco, tobacco product, or tobacco related device. This
subdivision shall not apply to minors lawfully involved in a compliance check on behalf
of the City.
C. Illegal Use. It shall be a violation of this ordinance for any minor to smoke, chew,
sniff, or otherwise use any tobacco, tobacco product, or tobacco related device.
D. Ilhm_ al Procurement. It shall be a violation of this ordinance for any minor to pumhase
or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco
related device, and it shall he a violation of this ordinance for any person to purchase or
otherwise obtain such items on behalf of a minor. It shall also be violation of this
ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or
tobacco related device to any minor, and it shall further be a violation for any person to
coerce or attempt to coeme a minor to illegally pumhase or otherwise obtain or use any
tobacco, tobacco product, or tobacco related device. This subdivision shah not apply to
minors lawfufly involved in a compliance check on behalf of the City.
E. Use of False Identification. It shall be a violation of this ordinance for any minor to
attempt to disguise his or her true age by the use of a false form of identification,
whether the identification is that of another person or one on which the age of the
person has been modified or tampered with to represent an age older than the actual age
of the person.
5.302(12)
VIOLATIONS. In addition to any fine or other penalty, whether civil or criminal,
violation of this ordinance by a licensee under this ordinance shall be grounds for the
suspension or revocation of the license.
A. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued,
either personally or by mail, a citation that sets forth the alleged violation and which
shall inform the alleged violator of his or her right to be heard on the accusation.
B. Heari~s. If a person accused of violating this ordinance so requests, a hearing shall
be scheduled, the time and place of which shall be published and provided to the accused
violator.
C. Hearino Officer. The City Council shall serve as the hearing officer.
D. Decision. If the hearing officer determines that a violation of this ordinance did
occur, that decision, along with the hearing officers reasons for finding a violation and
the penalty to be imposed under the Penalty section of this ordinance, shall be recorded
in writing, a copy of which shall be provided to the' acCused violator. Likewise, if the
hearing officer finch that no violation occurred or finds grounds for not imposing any
penalty, such findings shall be recorded and a copy provided to the acquitted accused
violator.
E. ADeeals. Appeals of any decision made by the hearing officer shall he filed in the
district court for the city in which the afleged violation occurred.
F. Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking
prosecution as a misdemeanor for any alleged violation of this ordinance. If the City
elects to seek misdemeanor prosecution, no administrative penalty shaft be imposed.
G. Continued VioI;Ition. Each violation, and every day in which a violation occurs or
continues, shall constitute a separate offense.
5.302(13) PENALTIES.
A~ Licensees. Any licensee found to have violated this ordinance, or whose employee
shall have violated this ordinance, shall be charged an administrative fine of $75.00 for
a first violation of this ordinance; ~200.00 for a second offense at the same licensed
premises within a twenty-four (24) month period; and ~250.00 for a third or subsequent
offense at the same lacation within a twenty-four (24) month period. In addition, after
the third offense, the license shall be suspended for not less than seven (7) days.
B, Other Individuals. Other individuals, other than minors regulated by Section C of this
subsection, found to be in violation of this ordinance shall be charged an administrative
fee of $50.00.
C. Minors. Minors found in unlawful possession of, or who unlawfully purchase or
attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be
required to attend a diversion or educational program.
D..Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecutiOn
as a misdemeanor for any violation of this ordinance.
5.302(14)
EXCEPTIONS AND DEFENSES. Nothing in this ordinance shall prevent the providing
of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully
recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense
to the violation of this ordinance for a person to have reasonably relied on proof of age
as described by State law.
5.302(15)
SEVERABILITY AND SAVINGS CLAUSE. If any section or portion of this ordinance
shall be found unconstitutional or otherwise invalid or unenforceable by a court of
competent jurisdiction, that finding shall not serve as an invalidation or effect the
validity and enforceability of any other section or provision of this ordinance.
CITY COUNCIL LETTER
Meeting of.' December 13, 1999
AGENDA SECTION: Other Business ORIGINATING DEPT.: ,.~ i1~ CITY MANAGER
NO: "'~ '" C"') L!cen,e Department ~/flr' APPROVAL
ITEM: Tobacco/Cigarette Sales Application BY: Kathryn Pepin ]~9 ~~~). ~ o]
NO: 5011 University Avenue N.E., Hot Market DATE: December 9, 1999
Background
In December of 1998, the license holder was issued a misdemeanor citation for the sale of cigarettes to a minor during a city compliance check.
In rNovember of 1999, a second violation occurred at the same site with issuance of an administrative tag.
A copy of that section of City Code pertaining to the licensing of cigarette/tobacco sales is attached.
Section 5.302(3)(B) of the City Code states "The City Council may either approve or deny the license, or it may delay action for such reasonable
period of time as necessary to complete any investigation of the application or the applicant it deems necessary. The clerk will refer the completed
application to the Police Department for a background and record check prior to formal review by the City Council. If the City Council shall approve
the license, the License Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to
the applicant along with notice of the applicant's right to appeal the Council's decision".
Under Section 5.302(5), the Basis For Denial states "The following shall be grounds for denying the issuance or renewal of a license under this
ordinance; However, except as may otherwise he provided by law, the existence of any particular ground for denial does not mean that the city
must deny the license: ... (B) The applicant or any employee thereof has been convicted within the past five years of any violation of a Federal,
State or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices".
Section 5.302(6) (A) states "It shall be a violation of this ordinance for any persons, employee, or responsible party to sell or offer to sell any
tobacco, tobacco product, or tobacco related device to any person under the age of eighteen (18) years".
Section 5.302(9) states "All licenses under this ordinance shall be resPonsible for the actions of their employees in regard to the sale of tobacco,
tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by
the license holder. It shall be the license holders responsibility to provide training to any employee conducting tobacco sales and/or sales of tobacco
related products and devices and to document proof of such training to be provided upon request by any enforcing agent of the city".
Section 5.302(11)(A) states" Illegal Sales. It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco
product, or tobacco related device to any minor".
5.302(12) states "In addition to any fine or other penalty, whether civil or criminal, violation of this ordinance by a licensee under this ordinance
shall be grounds for the suspension or revocation of the license".
COUNCIL ACTION:
AGENDA SECTION: ORIGINATI2~IG DEPT.: CITY MANAGER
NO: Li,cense Department APPROVAL
ITEM: Tobacco/Cigarette Sales Application BY: Kathryn Pepin
BY:
NO: 5011 University Ave. N.E., Hot Market DATE: December 9, 1999
Page 2
Section 5.302(13), Penalties, states "Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance,
shall be charged an administrative fine of $ 7§.00 for a first violation of this ordinance; $200.00 for a second offense at the same licensed premises
within a 24 month period; and ~250.00 for a third or subsequent offense at the same location within a 24 month period. In addition, after the
third offense, the license shall be suspended for not less than seven (7) days".
Analysis
Attached is a copy of the memo from Captain Roddy of the Police Department. It is his intention that this information be presented to the City
Council for their determination as to whether the application for a license to sell tobacco/cigarette products at the Hot Market, 5011 University
Avenue, should be approved or denied based upon the information provided herein. If approval is granted, staff recommends that the Council issue
a warning to the applicants that their license may be in jeopardy if continued sales to minors occurs.
In addition, Captain Roddy expresses his concern with the lack of attention paid to the age of people purchasing items at this establishment as
they also hold an Off Sale 3.2 Beer license. His department has approved the background check of the applicant for the beer license, but has again
expressed his concern with the procedures followed regarding beer and cigarette sales.
ALTERNATIVE MOTIONS:
Mere to approve the request for a license to allow the sale of 3.2 Beer Off Sale and tobacco/cigarette products at the Hot Market, 5011
University Avenue; however, the applicant is cautioned to observe the age requirements of cigarette/tobacco sales as well as beer sales as their
license to continue such sales could be in jeopardy if further violations occur.
Mere to deny the request for a license to allow the sale of 3.2 Beer and tobacco/cigarette.products at the Hot Market, 5011 University Avenue
due to violation of Section 5.302 of the City Code.
Mue to approve the application to allow the sale of 3.2 Beer Off Sale but to deny the application of tobacco/cigarette products at the Hot
Market, 5011 University Avenue due to violation of Section 5.302 of the City Code.
COUNCIL ACTION:
COLUMBIA HEIGHTS POLICE DEPARTMENT
MEMO
To:
From:
Subject:
Date:
Captain Roddy ~/.~
License Renewal Applications
December 07,1999
In reviewing the application renewal forms for the following three vendors, ! have discovered a
potential pwblem. Two vendors have been cited within the last year for failing to identify
underage tobacco purchasers on 12-15-98. Anoka County Court misdemeanor citations wer~
written to the licensees. According to city ordinance 853/5.305(5)(B) any vendor with such a
conviction on record may be denied license renewal.
I have confirmed that the convictions (~oleas) are on record for the offences cited during our
semi-annual tobacco Compliance checks at the two businesses.
A third vendor was cited on an adminis~ve tag on 04-26-99 (fine paid) for "sale of tobacco to
a minor", therefore, [ wish to pass the illformation to the City Council for their information as to
whether to issue the license renewals which have been requested by the licensees.
Criminal convictions:
Sadiq Punjani (5011 University Ave)
Gary Peterson (5257 University Ave)
Admin Tag:
Arnold Mickelson (4259 Central Ave NE)
CITY OF COLUMBIA HEIGHTS
Amended Ordinance #1371
Dated May 11, 1998
SECTION 2
CIGARETTE/TOBACCO SA[,I~S
5.302(1)
PURPOSE. An ordinance relating to the sale, possession, and use of tobacco, tobacco
products, and tobacco related devices in the City and to reduce the illegal sale,
possession, and use of such items to and by minors.
Because the City recognizes that many persons under the age of 18 years purchase or
otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related
devices, and such sales, po~_~s~_~on, and use are violations of State laws; studies have
shown that most smokers begin smoking before they have reached the age of 18 years
and that thoee persons who reach the age of 18 years without having started smoking
are significantly less likely to begin smoking; and because smoking has been shown to
be the cause of several serious health problems which subsequently place a financial
burden on all levels of government; this ordinance shall be intended to regulate the sale,
possession, and use of tobacco, tobacco products, and tobacco related devices for the
purpose of enforcing and furthering existing laws, to protect minors against the serious
effects associated with the illegal use of tobacco, tobacco products, and tobacco related
devices, and to further the official public policy of the State of Minnesota in regard to
preventing young people from starting to smoke as stated in Mn. Statute 144.391.
5.302(2)
DEFINITIONS AIlD INTERPRETATIONS. Except as may otherwise be provided or
clearly implied by context, all terms shall be given their commonly accepted definitions.
The singular shall include the plural and the plural shall include the singular. The
masculine shall include the feminine and neuter, and vice-versa. The term "shall" means
mandatory and the term "may" means permissive. The following terms shall have the
definitions given to them:
(A) Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall mean any
substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars;
pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique;
granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers;
cavendish; shorts, plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings,
cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared
in such manner as to be suitable for chewing, sniffing, or smoking.
(B) Tobaccq Related Devices. "Tobacco related devices" shall mean any tobacco
product as well as a pipe, rolling papers, or other device used in a manner which enables
the chewing, sniffing, or smoking of tobacco or tobacco products.
(C) Self-Service Merchandising. "Self-Service Merchandising" shall mean open displays
of tobacco, tobacco products, or tobacco related devices in any manner where any
person shall have access to the tobacco, tobacco products, or tobacco related devices,
without the assistance or intervention of the licensee or the licensee's employee. The
assistance or intervention shall entail the actual physical exchange of the tobacco,
tobacco product, or tobacco related device between the customer and the licensee or
8mpioyse. Self-service merchandising shall not include vending machines.
{D) Vending Machine. "Vending Machine" shall mean any mechanical, electric or
electronic, or other type of device which dispeases tobacco, tobacco products, or
tobacco related devices upon the ir. sertion of money, tokens, or other form of payment
directly into the machine by the person seeking to purchase the .tobacco, tobacco
product, or tobacco related device.
(E) Individually Packauad. 'Individually packaged' shall mean the practice of selling any
tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco
and tobacco products shall include, but not be limited to, single cigarette packs, single
bags or cans of loose tobacco in any form, and single cans or other packaging of snuff
or chewing tobacco. Cartons or other packaging containing more than a single pack or
other container as described in this section shall not be considered individually packaged.
{F) Loosies. "Loosies" shall mean the common term used to refer to a single or
individually packaged cigarette.
(G) Minor. 'Minor" shall mean any natural person who has not yet reached the age of
eighteen (18) years.
(H) Rel;ail Establishment. "Retail Establishment" shall mean any place of business
where tobacco, tobacco products, or tobacco related devices are available for sale to the
general public. Retail establishments shall include, but not be limited to, grocery stores,
convenience stores, and restaurants.
{I) Moveable Place of Business. "Moveable Place of Business" shall refer to any form
of business operated out of a truck, van, automobile, or other type of vehicle or
transportable shelter and not a fixed address store front or other permanent type of
structure authorized for sales transactions.
(J) Sale. A 'sale" shall mean any transfer of goods for money, trade, barter, or other
consideration.
(K) Comoliance Checks. "Compliance Checks" shall mean the system the City uses to
investigate and ensure that those authorized to sell tobacco, tobacco products, and
tobacco related devices are following and complying with the requirements of this
ordinance. Compliance checks shall involve the use of minors as authorized by this
ordinance. Compliance checks shall also mean the use of minors who attempt to
purchase tobacco, tobacco products, or tobacco related devices for educational,
research and training purposes as authorized by State and Federal laws. Compliance
checks may also be conducted by other units of government for the purpose of enforcing
appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco
products, and tobacco related devices.
5.302(3)
LICENSE REQUIRED. No person shall sell or offer to sell any tobacco, tobacco
products, or tobacco related devices without first having obtained a license to do so
from the City.
(A) Aoolication. An application for a license to sell tobacco, tobacco products, or
tobacco related devices shall he made on a form provided by the City. The application
shall contain the full name of the applicant, the applicant's residential and business
addresses and telephone numbers, the name of the business for which the license is
sought, and any additional information the city deems necessary. Upon receipt of a
completed application, the License Clerk shall forward the application to the City Council
for action at its next regularly scheduled meeting. If the clerk shall determine that an
application is incomplete, he or she shall return the application to the applicant with
notice of the information necessary to make the application complete.
(B) Action. The City Council may either approve or deny the license, or it may delay
action for such reasonable period of time as necessary to complete any investigation of
the application or the applicant it deems necessary. The clerk will refer the completed
application to the Police Department for a background and record.check prior to formal
review by the City Council. If the City CounciJ shall approve the license, the License
Clerk shall issue the license to the applicant. If the City Council denies the license,
notice of the denial shall be given to the applicant along with notice of the applicant's
right to appeal the Council's decision.
(C) Term. The term of each license shall follow the calendar year with an expiration
date of December 31 of each year and are not pro-rated.
(O) Revocation or Suspension. Any license issued under this ordinance may be revoked
or suspended as provided in the Violations and Penalties section of this ordinance.
(E) Transfers. All licenses issued under this ordinance shall be valid only on the premises
for which the license was issued and only for the person to whom the license was
issued. Change of location or applicant will be required to be treated as a new
application.
(F) Moveable Place of Business. No license shall be issued to a moveable place of
-business. Only fixed location businesses shall be eligible to be licensed under this
ordinance.
(G) OiSDtaV. All licenses shall be posted and displayed in plain view of the general public
on the licensed premise.
(H) RenewaLs, The renewal of a license issued under this section shall be handled in the
same manner as the original application. The request for renewal shall be made at least
sixty days but no more than ninety days before the expiration of the current license. The
issuance of a license issued under this ordinance shall be considered a privilege and not
an absolute, right of the applicant and shall not entitle the holder to an automatic
renewal of the license.
5.302(4)
5.302(5)
5.302(6)
FEES. No license shall be issued under this ordinance until the appropriate license fee
shall be paid in full
BASIS FOR DEIIIIAL OF LI¢I~BSE. The following shall be grounds for denying the
issuance or renewal of a license under this ordinance; however, except as may otherwise
be provided by law, the existence of any particular ground for denial does not mean that
the city must deny the license. If a license is mistakenly issued or renewed to a person,
it shall be revoked upon the discovery that the person was ineligible for the license under
this Section:
(A) The applicant is under the age of 18 years.
(B) The applicant or any employee thereof has been convicted within the past five years
of any violation of a Federal, State, or local law, ordinance provision, or other regulation
relating to tobacco or tobacco products, or tobacco related devices.
(C) The applicant has had a license to sail tobacco, tobacco products, or tobacco related
devices revoked within the preceding twelve months of the date of application.
(D) The applicant fails to provide any information required On the application, or provides
false or misleading information.
(E) The applicant is prohibited by Federal, State, or other local law, ordinance, or other
regulation, from holding such a license.
PROHIBITED SALES. It shall be a violation of this ordinance for any persons,
employee or responsible party to sell or offer to sell any tobacco, tobacco product, or
tobacco related device:
(A) To any person under the age of eighteen (18~ years.
(B) By means of any type of vending machine.
(C) By means of self-service methods whereby the customer does not need to make a
verbal or written request to an employee of the licensed premise in order to receive the
tobacco, tobacco product, or tobacco related device and whereby there is not a physical
exchange of the tobacco, tobacco product, or tobacco related device between the
licensee or the licensee's employee, and the customer.
{D) By means of Ionsies.
(LC') Containing opium, morphine, jimson weed, bolla donna, strychnes, cocaine,
marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance
except nicotine and other substances found naturally in tobacco or added as part of an
otherwise lawful manufacturing process.
(F) By any other means, to any other person, or in any other manner or form prohibited
by Federal, State, or other local law, ordinance provision, or other regulation.
5.30217)
VENDING MACHINES PROHIBITIOn. It shall be unlawful for any person licensed
under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related
devices by the means of a vending machine.
5.3O2(8)
SELF-SERVICE SALES. It shell be unlawful for a licensee under this ordinance to allow
the sale of tobacco, tobacco products, or tobacco related devices by any means whereby
the customer may have access to such items without having to request the item from
the licensee or the licensee's employee and whereby there is not a physical exchange of
the tobacco, tobacco product, or the tobacco related device between the licensee or his
or her clerk and the customer. All tobacco, tobacco products, and tobacco related
devices shall either be stored behind a counter or other area not freely accessible to
customers or in a case or other storage unit not left open and accessible to the general
public. Any retailer selrmg tobacco, tobacco products, or tobacco related devices at the
time this ordinance is adopted shall comply with this section before a new license is
issued for the next license year.
6.302(9)
~. All licensees under this ordinance shall be responsible for the actions
of their employees in regard to the sale of tobacco, tobacco products, or tobacco related
devices on the licensed prmTdses, and the sale of such an item by an employee shall he
considered a sale by the license holder. It shall be the license holders responsibility to
provide training to any employee conducting tobacco sales and/or sales of tobacco
related products and devices and to document proof of such training to be provided upon
request by any enforcing agent of the City.
5.302(1 O)
COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to
inspection by the City Police or other authorized City Official during regular business
hours. From time to time, but at least once per year, the City shall conduct compliance
checks by engaging, with the written consent of their parents or guardians, minors over
the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed
premise to attempt to purchase tobacco, tobacco products, or tobacco related devices.
Minors used for the purpose of compliance checks shall be supervised by City designated
law enforcement officers or other designated City personnel. Minors used for the
purpose of compliance checks shall not be guilty of unlawful possession of tobacco,
tobacco products, or tobacco related devices when such items are obtained as a part of
the compliance check. No minor used in compliance checks shah attempt to use a false
identification misrepresenting the minor's age, and all minors lawfully engaged in a
compliance check shall answer all questions about the minors age asked by the licensee
or his or her employee and shall produce any identification for which he or she is asked.
Nothing in this section shall prohibit compliance checks authorized by State or Federal
laws for educat!onal, research, or training purposes, or required for the enforcement of
a particular State or Federal law.
5.302(11)
OTHER II, LEGAL ACTS. Unless otherwise provided, the following acts shall be a
violation of this ordinance.
A. Illanal Sales. It shall be a violation of this ordinance for any person to sell or
otherwise provide any tobacco, tobacco product, or tobacco related device to any minor.
B. llleoal Po~,~u~ion. It shall be a violation of this ordinance for any minor to have in his
or her possession any tobacco, tobacco product, or tobacco related device. This
subdivision shall not apply to minors lawfully involved in a compliance check on behalf
of the City.
C. Illeoai Use, It shall be a violation of this ordinance for any minor to smoke, chew,
sniff, or otherwise use any tobacco, tobacco product, or tobacco related device.
D. Illeoal Procurement. It shall be a violation of this ordinance for any minor to purchase
or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco
related device, and it shall be a violation of this ordinance for any person to purchase or
otherwise obtain such items on behalf of a minor. It shall also be violation of this
ordinance for any person to sell or otherwm provide any tobacco, tobacco product, or
tobacco related device to any minor, and it shall further be a violation for any person to
coerce or attempt to cnerc8 a minor to illegally purchase or otherwise obtain or use any
tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to
minors lawfully involved in a compliance check on behalf of the City.
E. Use of Fqtse Identification. It shall he a violation of this ordinance for any minor to
attempt to disguise his or her true ago by the use of a false form of identification,
whether the identification is that of another person or one on which tim age of the
person has been modified or tempered with to represent an age older than the actual age
of the person.
5.302(12)
VIOLATIONS. In addition to any fine or other penalty, whether civil or criminal,
violation of this ordinance by a licensee under this ordinance shall be grounds for the
suspension or revocation of the license.
A, Notice. Upon discovery of a suspected violation, the alleged violator shall be issued,
either personally or by mail, a citation that sets forth the alleged violation and which
shall inform the alleged violator of his or her right to be heard on the accusation.
B, HearinQs. If a person accused of violating this ordinance so requests, a hearing shall
he scheduled, the time and place of which shall be published and provided to the accused
violator.
C. Hearinq Officer. The City Council shall serve as the hearing officer.
O. Decision. If the hearing Officer determines that a violation of this ordinance did
occur, that decision, along with the hearing officers reasons for finding a violation and
the penalty to be imposed under the Penalty section of this ordinance, shall be recorded
in writing, a copy of which shall be provided to the accused violator. Likewise, if the
hearing officer finds that no violation occurred or finds grounds for not imposing any
penalty, such findings shall be recorded and a copy provided to the acquitted accused
violator.
E. Aooosls. Appeals of any decision made by the hearing officer shall he filed in the
district court for the city in which the alleged violation occurred.
F. Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking
prosecution as a misdemeanor for any alleged violation of this ordinance. If the City
elects to seek misdemeanor prosecution, no administrative penalty shall be imposed.
G. Continued Violation. Each violation, and every day in which a violation occurs or
continues, shall constitute a separate offense.
5.302(13) PEIIIALTIE$.
A. Licensees. Any licensee found to have violated this ordinance, or whose employee
shall have violated this ordinance, shall be charged an administrative fine of $75.00 for
a first violation of this ordinance; $200.00 for a second offense at the same licensed
premises within a twenty-four (24) month period; and ~250.00 for a third or subsequent
offense at the same location within a twenty-four (24) month period. In addition, after
the third offense, the license shall be suspended for not less than seven (7) days.
8, Other Individuals. Other individuals, other than minors regulated by Section C of this
subsection, found to be in violation of this ordinance shall be charged an administrative
fee of $50.00.
C. Minors. Minors found in unlawful possession of, or who unlawfully pumhase or
attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be
required to attend a diversion or educational program.
D. Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecution
as a misdemeanor for any violation of this ordinance.
5.302(14l
EXCEPTIONS AND DEFENSES. Nothing in this ordinance shall prevent the providing
of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully
recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense
to the violation of this ordinance for a person to have reasonably relied on proof of age
as described by State law.
5.302(15)
SEVERABIUTY AND SAVINGS CLAUSE. If any section or portion of this ordinance
shall be found unconstitutional or otherwise invalid or unenforceable by a court of
competent jurisdiction, that finding shall not serve as an invalidation or effect the
validity and enforceability of any other section o,r provision of this ordinance.
CITY COUNCIL LETTER
Meeting of.' December 13, 1999
ORIGINATING DEPT.: ./~ CITY MANAGER
AGENDA SECTION: Other Business -7 ~ C- ~ License Department""~/~' APPROVAL
NO:
ITEM: Tobacco/Cigarette Sales Application BY: Kathryn Pepin ~
NO: 5257 University Avenue N.E., University DATE: December 9, 1999
Texaco
Background
In December of 1998, the license holder was issued a misdemeanor citation for the sale of cigarettes to a minor during a city compliance check.
A copy of that section of City Code pertaining to the licensing of cigarette/tobacco sales is attached.
Section 5.302(3)(B) of the City Code states "The City Council may either approve or deny the license, or it may delay action for such reasonable
period of time as necessary to complete any investigation of the application or the applicant it deems necessary. The clerk will refer the completed
application to the Police Department for a background and record check prior to formal review by the City Council. If the City Council shall approve
the license, the License Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to
the applicant along with notice of the applicant's right to appeal the Council's decision".
Under Section 5.302(5), the Basis For Denial states "The following shall be grounds for denying the issuance or renewal of a license under this
ordinance; However, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city
must deny the license: ... (B) The applicant or any employee thereof has been convicted within the past five years of any violation of a Federal,
State or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices".
Section 5.302(6) (A) states "It shall be a violation of this ordinance for any persons, employee, or responsible party to sell or offer to sell any
tobacco, tobacco product, or tobacco related device to any person under the age of eighteen (18) years".
Section 5.302(9) states "All licenses under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco,
tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by
the license holder. It shall be the license holders responsibility to provide training to any employee conducting tobacco sales and/or sales of tobacco
related products and devices and to document proof of such training to be provided upon request by any enforcing agent of the city".
Section 5.302(11)(A) states" Illegal Sales. It shall'be a violation of this ordinance for any person to sell'or otherwise provide any tobacco, tobacco
product, or tobacco related device to any minor".
5.302(12) states "In addition to any fine or other penalty, whether civil or oriminal, violation of this ordinance by a licensee under this ordinance
shall be grounds for the suspension or revocation of the license".
COUNCIL ACTION:
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: Tobacco/Cigarette Sales Application BY: Kathryn Pepin
BY:
NO: 5257 University Ave. N.E., University Texaco DATE: December 9, 1999
Page 2
Section 5.302(13), Penalties, states "Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance,
shall be charged an administrative fine of $75.00 for a first violation of this ordinance; $200.00 for a second offense at the same licensed premises
within a 24 month period; and 4250.00 for a third or subsequent offense at the same location within a 24 month period. In addition, after the
third offense, the license shall be suspended for not less than seven (7) days".
Analysis
Attached is a copy of the memo from Captain Ruddy of the Police Department. It is his intention that this information be presented to the City
Council for their determination as to whether the application for a license to sell tobacco/cigarette products at the University Texaco, 5257
University Avenue, should be approved or denied based upon the information provided herein. If approval is granted, staff recommends that the
Council issue a warning to the applicants that their license may be in jeopardy if continued sales to minors occurs.
As a point of information, the application from University Texaco for renewal of their license to sell gasoline is being detained by the Fire
Department due to the fact that there are outstanding code items. If these items meet compliance at the time of the next scheduled inspection,
the license renewal application will appear on the agenda for the next City Council meeting.
ALTERNATIVE MOTIONS:
Move to approve the request for a license to allow the sale of tobacco/cigarette products at the University Texaco, 5257 University Avenue;
however, the applicant is cautioned to observe the age requirements of cigarette/tobacco sales as their license to continue such sales could be
in jeopardy if further violations occur.
Move to deny the request for a license to allow the sale of tobacco/cigarette products at the University Texaco, 5257 University Avenue due
to violation of Section 5.302 of the City Code.
COUNCIL ACTION:
COLUMBIA HEIGHTS POLICE DEPARTMENT
MEMO
To:
From:
Subject:
Date:
Capt.1 Roddy~
License Renewal Applications
December 07,1999
In reviewing the application renewal forms for the following three vendors, I have discovered a
potential problem. Two vendors have been cited within the last year for failing to identify
underage tobacco purchasers on 12-15-98. Anoka County Court misdemeanor citations were
written to the licen~-s. According to city ordinance 853/5.305(5)(B) any vendor with such a
conviction on record may be denied license renewal.
I have confirmed that the convictions (pleas) are on record for the offences cited during our
semi-annuai tobacco cOmpliance checks at the two businesses.
A third vendor was cited on an administrative tag on 04-26-99 (fine paid) for "sale of tobacco to
a minor", therefore, I wish to pass the information to the City Council for their information as to
whether to is~_e the license renewals which have been requested by the licensees.
Criminal convictions:
Sadiq Punjani (5011 University Ave)
Gary Peterson (5257 University Ave)
Admin Tag:
Arnold Mickelson (4259 Central Ave NE)
CITY OF COLUMBIA HEIGHTS
Amended Ordinance #1371
Dated May 11, 1998
SECTION 2
CIGARETTE/TOBACCO SALES
5.302(1)
PURPOSE. An ordinance relating to the sale, possession, and use of tobacco, tobacco
products, and tobacco related devices in the City and to reduce the illegal sale,
possession, and use of such items to and by minors.
Because the City recognizes that many persons under the age of 18 years purchase or
otherwise obtain, possess, and uso tobacco, tobacco products, and tobacco related
devices, and such sales, possession, and use are violations of State laws; studios have
shown that most smokers begin smoking before they have reached the age of 18 years
and that those persons who reach the age of 18 years without having started smoking
are significantly less likely to begin smoking; and because smoking has been shown to
be the cause of several serious health problems which subsequently place a financial
burden on all levels of government; this ordinance shall he intended to regulate the sale,
possession, and uso of tobacco, tobacco products, and tobacco related devices for the
purpose of enforcing and furthering existing laws, to protect minors against the serious
effects associated with the illegal uso of tobacco, tobacco products, and tobacco related
devices, and to further the official public policy of the State of Minnesota in regard to
preventing young people from starting to smoke as stated in Mn. Statute 144.391.
5.302(2)
DEFINITIONS AND INTERPRETATIONS. Except as may otherwise he provided or
clearly impliod by context, ail terms shall be given their commonly accepted definitions.
The singular shall include the plural and the plural shall include the singular. The
masculine shall include the feminine and neuter, and vice-versa. The term "shall" means
mandatory and the term "may" means permissive. The following terms shall have the
definitions given to them:
(A) Tobacco or. Tobacco Prodvcts, "Tobacco" or 'Tobacco products" shall mean any
· substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars;
pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique;
granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers;
cavandish; shorts~plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings,
cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared
in such manner as to be suitable for chewing, sniffing, or smoking.
(B) Tobacco Related Devices. 'Tobacco related devices" shall mean any tobacco
product as well as a pipe, rolling papers, or other device used in a manner which enables
the chewing, sniffing, or smoking of tobacco or tobacco products.
(C) Self-Service Merchandising. "Self-Service Merchandising" shall mean open displays
of tobacco, tobacco products, or tobacco related devices in any manner where any
person shall have access to the tobacco, tobacco products, or tobacco related devices,
without the a,~istance or intervention of the licensee or the licensee's employee. The
assistance or intervention shall entail the actual physical exchange of the tobacco,
tobacco product, or tobacco related device between the customer and the licensee or
employee. Self-service merchandising ~hail not include vending machine.
(D) Vendino Machine. "Vending Machine" shall mean any mechanical, electric or
electronic, or other type of device which dispenses tobacco, tobacco products, or
tobacco related devices upon the insertion of money, tokens, or other form of payment
directly into the machine by the person seeking to purchase the tobacco, tobacco
product, or tobacco related device.
(E) Individually Packaped. "Individually packaged" shall mean the practice of selling any
tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco
and tobacco products shall include, but not be limited to, single cigarette packs, single
bags or cans of loose tobacco in any form, and single cans or other packaging of snuff
or chewing tobacco. Cartons or other packaging containing more than a single pack or
other container as described in this section shall not be considered individually packaged.
{F) Loosies. "Loosies" shall mean the common term used to refer to a single or
individually packaged cigarette.
(G) Minor, "Minor" shall mean any natural person who has not yet reached the age of
eighteen (18) years.
(H) Retail Establishment. "Retail Establishment" shall mean any place of business
where tobacco, tobacco products, or tobacco related devices are available for sale to the
general public. Retail establishments shall include, but not be limited to, grocery stores,
convenience stores, and restaurants.
(I) Moveable Plqcq~ of 8~si~ss. "Moveable Place of Business" shall refer to any form
of business operated out of a truck, van, automobile, or other type of vehicle or
transportable shelter and not a fixed address store front or other permanent type of
structure authorized for sales transactions.
{J) Sqio. A "sale" shall mean any transfer of goods for money, trade, barter, or other
consideration.
(K) Comaliance Checks. "Compliance Checks" shall mean the system the City uses to
investigate and ensure that those authorized to sell tobacco, tobacco products, and
tobacco related devices are following and complying with the requirements of this
ordinance. Compliance checks shall involve the use of minors as authorized by this
ordinance. Compliance checks shall also mean the use of minors who attempt to
purchase tobacco, tobacco products, or tobacco related devices for educational,
research and training purposes as authorized by State and Federal laws. Compliance
checks may also be conducted by other units of government for the purpose of enforcing
appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco
products, and tobacco related devices.
5.302(3)
LICENSE REQUIRED. No person shall sell or offer to sell any tobacco, tobacco
products, or tobacco related devices without first having obtained a license to do so
from the City.
(A) Anelication. An application for a license to sell tobacco, tobacco products, or
tobacco related devices shall be made on a form provided by the City. The application
shall contain the full nome of the applicant, the applicant's residential and business
addresses and telephone numbers, the name of the business for which the license is
sought, and any additional information the city deems necessary. Upon receipt of a
completed application, the License Clerk shall forward the appfication to the City Council
for action at its next regularly scheduled meeting. If the clerk shall determine that an
application is incomplete, he or she shall return the application to the applicant with
notice of the information necessary to make the application complete.
(B) Action. The City Council may either approve or deny the license, or it may delay
action for such reasonable period of time as necessary to complete any investigation of
the application or the applicant it deems necessary. The clerk will refer the completed
application to the Police Department for a background and record check prior to formal
review by the City Council. If the City Council shall approve the license, the License
Clerk shall issue the license to the applicant. If the City Council denies the license,
notice of the denial shall be given to the applicant along with notice of the applicant's
right to appeal the Council's decision.
(C) Term. The term of each license shall follow the calendar year with an expiration
date of December 31 of each year and are not pro-rated.
(D) Revo;ation or Suspension. Any license issued under this ordinance may be revoked
or suspended as provided in the Violations and Penalties section of this ordinance.
(E) Transfers. All licenses issued under this ordinance shall be valid only on the premises
for which the license was issued and only for the person to whom the license was
issued. Change of location or applicant will be required to be treated as a new
application.
(F) Moveable Place Qf Business. No license shall be issued to a moveable place of
business. Only fixed location businesses shall be eligible to be licensed under this
ordinance.
(G) Oisolav. Ali licenses shall be posted and displayed in plain view of the general public
on the licensed premise.
(H) Renewal. s, The renewal of a license issued under this section shall be handled in the
same manner as the original application. The request for renewal shall be made at leest
sixty days but no more than ninety days before the expiration of the current license. The
issuance of a license issued under this ordinance shall be considered a privilege and not
an absolute right of the applicant and shall not entitle the holder to an automatic
renewal of the license.
5.302(4)
FI~ES, No license shall be issued under this ordinance until the appropriate license 'fee
shall be paid in full.
5.3O2(5)
BASIS FOR DENIAL OF LICENSE. The following shall be grounds for denying the
issuance or renewal of a license under this ordinance; however, except as may otherwise
be provided by law, the existence of any particular ground for denial does not mean that
the city must deny the license. If a license is mistakenly issued or renewed to a person,
it shall be revoked upon the discovery that the person was ineligible for the license under
this Section:
(A) The applicant is under the age of 18 years.
(B) The applicant or any employee thereof has been convicted within the past five years
of any violation of a Federal, State, or local law, ordinance provision, or other regulation
relating to tobacco or tobacco products, or tobacco related devices.
(C) The applicant has had a license to sell tobacco, tobacco products, or tobacco related
devices revoked within the preceding twelve months of the date of application.
(D) The applicant fails to provide any information required on the application, or provides
false or misleading information.
(L:) The applicant is prohibited by Federal, State, or other local law, ordinance, or other
regulation, from holding such a license.
5.302(8)
PROHIBITED SAg, ES. It shall be a violation of this ordinance for any persons,
employee or responsible party to sell or offer to sell any tobacco, tobacco product, or
tobacco related device:
(A) To any person under the age of eighteen (18) years.
(B) By means of any type of vending machine.
(C) By means of self-service methods whereby the customer does not need to make a
verbal or written request to an employee of the licensed promise in order to receive the
tobacco, tobacco product, or tobacco related device and whereby there is not a physical
exchange of the tobacco, tobacco product, or tobacco related device between the
licensee or the licensee's employee, and the customer.
(D) By means of Ioosies.
(E) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine,
marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance
except nicotine and other substances found naturally in tobacco or added as part of an
otherwise lawful manufacturing process.
(F) By afly other means, to any other person, or in any other manner or form prohibited
by Federal, State, or other local law, ordinance provision, or other regulation.
5.302(7)
5.302(8)
5.302(9)
5.302(10)
VENDING MACHINES PROHIBITIQIil. It shall be unlawful for any person licensed
under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related
devices by the means of a vending machine.
SELF-SERVICE SALES. It shall be unlawful for a licensee under this ordinance to allow
the sale of tobacco, tobacco products, or tobacco related devices by any means whereby
the customer may have access to such items without having to request the item from
the licensee or the licensee's employee and whereby there is not a physical exchange of
the tobacco, tobacco product, or the tobacco related device between the licensee or his
or her clerk and the customer. All tobacco, tobacco products, and tobacco related
devices shall either be stored behind a counter or other area net freely accessible to
customers or in a case or other storage unit not left open and accessible to the general
public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the
time this ordinance is adopted shall comply with this section before a new license is
issued for the next license year.
RESPONSIBIUTY. AH licensees under this ordinance shall be responsible for the actions
of their employees in regard to the sale of tobacco, tobacco products, or tobacco related
devices on the licensed premises, and the sale of such an item by afl employee shall be
considered a Sale by the license holder. It shall he the license holders responsibility to
provide training to any employee conducting tobacco sales and/or sales of tobacco
related products and devices and to document proof of such training to be provided upon
request by any enforcing agent of the City.
COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to
inspection by the City Police or other authorized City Official during regular business
hours. From time to time, but at least once per year, the City shah conduct compliance
checks by engaging, with the written consent of their parents or guardians, minors over
the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed
premise to attempt to purchase tobacco, tobacco products, or tobacco related devices.
Minors used for the purpose of compliance checks shall be supervised by City designated
law enforcement officers or other designated City personnel. Minors used for the
purpose of compliance checks shall not be guilty of unlawful possession of tobacco,
tobacco products, or tobacco related devices when such items are obtained as a part of
the compliance check. No minor used in compiiaflce checks shah attempt to use a false
identification misrepresenting the minor's age, and all minors lawfully engaged in a
compliance check shall answer all questions about the minors age asked by the licensee
or his or her employee and shall produce any identification for which he or she is asked.
Nothing in this section shall prohibit compliance checks authorized by State or Federal
laws for educational, research, or training purposes, or required for the enforcement of
a particular State or Federal law.
5.302(11)
OTHER ILLEGAL ACTS. Unless otherwise provided, the following acts shall be a
violation of this ordinance.
A. Ille~_al SObs, It shall be a violation of this ordinance for any person to sell or
otherwise provide any tobacco, tobacco product, or tobacco related device to any minor.
B. llleoal Possession, It shall be a violation of this ordinance for any minor to have in his
or her possession any tobacco, tobacco product, or tobacco related device. This
subdivision shall not apply to minors lawfully involved in a compliance check on behalf
of the City.
C. Illeoal Use. It shall be a violation of this ordinance for any minor to smoke, chew,
sniff, or otherwise use any tobacco, tobacco product, or tobacco related device.
D. Illeoal Procurement. It shall be a violation of this ordinance for any minor to purchase
or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco
related device, and it shall be a violation of tMs ordinance for any person to purchase or
otherwise obtain such items on behalf of a minor. It shall also be violation of this
ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or
tobacco related device to any minor, and it shall further he a violation for any person to
coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any
tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to
minors lawfully involved in a compliance check on behalf of the City.
E. Use of False Identification, It shall be a violation of this ordinance for any minor to
attempt to disguise his or her true age by the use of a false form of identification,
whether the identification is that of another person or one on which the age of the
person has been modified or tampered with to represent an age older than the actual age
of the person.
5.302(12}
VIOLATIONS. In addition to any fine or other penaity,.whether civil or criminal,
violation of this ordinance by a licensee under this ordinance shall be grounds for the
suspension or revocation of the license.
A. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued,
either personally or by mail, a citation that sets forth the alleged violation and which
shall inform the alleged violator of his or her right to be heard on the accusation.
B. Hearings. If a person accused of violating this ordinance so requests, a hearing shall
be scheduled, the time and place of which shall be published and provided to the accused
violator.
C. Hearing Officer, The City Council shall serve as the hearing officer.
D. Decision. If the hearing officer determines that a violation of this ordinance did
occur, that decision, along with the hearing officers reasons for finding a violation and
5.302(13)
the penalty to be imposed under the Penalty section of this ordinance, shall be recorded
in writing, a copy of which shall be provided to the accused violator. Likewise, if the
hearing officer finds that no violation occurred or finds grounds for not imposing any
penalty, such findings shall be recorded and a copy provided to the acquitted accused
violator.
E. Aeoeals, Appeals of any decision made by the hearing officer shall be filed in the
district court for the city in which the alleged violation occurred.
F. Misdemeanor PrQsecution, Nothing in this section shaft prohibit the City from seeking
prosecution as a misdemeanor for any alleged violation of this ordinance. If the City
elects to seek misdemeanor prosecution, no administrative penalty shall be imposed.
G. Continued ViolatiQn, Each violation, and every day in which a violation occurs or
continues, shall constitute a separate offense.
PENALTIES.
A. Licensees. Any licensee found to have violated this ordinance, or whose employee
shall have violated this ordinance, shaft he charged an administrative fine of $75.00 for
a first violation of this ordinance; $200.00 for a second offense at the same licensed
premises within a twenty-four (24) month period; and t250.00 for a third or subsequent
offense at the same location within a twenty-four (24) month period. In addition, after
the third offense, the license shall he suspended for not less than seven (7) days.
B. Other Individuals. Other individuals, other than minors regulated by Section C of this
subsection, found to be in violation of this ordinance shall be charged an administrative
fee of $50.00.
C. Minors, Minors found in unlawful possession of, or who unlawfully purchase or
attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be
required to attend a diversion or educational program.
D. Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecution
as a misdemeanor for any violation of this ordinance.
5.302(14)
5.302(15)
EXCEPTIONS AND DEFENSES. Nothing in this ordinance shaft prevent the providing
of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully
recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense
to the violation of this ordinance for a person to have reasonably relied on proof of age
as described by State law.
SEVERABILITY AND SAVINGS CLAUSE. If any section or portion of this ordinance
shall be found unconstitutional or otherwise invalid or unenforceable by a court of
competent jurisdiction, that finding shaft not serve as an invalidation or effect the
validity and enforceability of any other section or provision of this ordinance.
City of Columbia Heights
Park and Recreation Commission
November 23,1999
1'1-1£B£ MINUTE, HAVE
NOT iB, EEN APPROVED
The meeting was called to order by Eileen Evans at 5:30 p.m.
ROLL CALL
Members present:
Eileen Evans; Brace Magnuson; Gary Mayer; Gary Peterson; Bob
Ruettimann; Keith Windschitl, Recreation Director; Kevin Hansen,
Public Works Director/City Engineer
Members absent:
Jerry Foss; Scott Niemeyer
APPROVAL CONSENT AGENDA
Motion by Ruettimann, second by Magnuson to approve the consent agenda. All ayes, motion
LI~TT--NRS AND R~OUESTS
RP. QUF~T FOR USE OF SPM / JANE LIRPOLD. PRINC~AL:. COL~~ HEIGHTS HIGH
SCHOOL
Members reviewed a letter from lane Liepold, Principal at Columbia Heights High School. She
was requestin__g use of the main hall, Mathaire/McKenua Room, Prestemon Room, and LaBelle
Lounge for a student play, with the fee being waived. The times requested are 3:00 to 9:00 p.m.
on Thmsday, January 27; 8:00 a.m. to 11:00 p.m. on Friday, January 28; and 12:00 noon to
12:00 midnight on Saturday, lanum'y 29, 2000. Additionally, we have a possible rental for
Saturday, January 29, 2000. Members felt we should not bump any of our own programs, such
as Thursday aerobics class, for this usage. Members discussed fez-waived groups using the main
hall on wecken~ and possibly having a clean-up/custodial fee. Motion by Peterson, second by
Ma~uson to allow the high school students to use the building if the paying renter switches to
another date and only flit does not interfere with previously scheduled activities (possibly
Monday, Wednesday, and Friday). All ayes, motion carried.
FROM ELLEN HANSEN / AL-ANON
Members acknowledged receipt of $42 from Ellen Hansea of Al-Anon for additional payment
from use of the Senior Center on October 23, 1999.
PAGE TWO
OLD BUSINF, SS
DECEMBER l§Va PARK & RECREATION' COMMISSION MEETING
Members were reminded about the December 16~ commission meeting to be held at 6:00 p.m. at
Timberlodgc Reslamant on 83'a and University Ave. Members will be able to order off the menu
for meals up to $20. Members are asked to pay for their own drinks.
Dh'R GRANT APPLICATIONS: PROIF~T SELECTION AND PUBLIC HEAR~G
The Public Works Director/City Engineer passed out information on what projects received DNR
gnmt monies. Most of the grant recipients are counties, not municipalities. Staff-,viIl be able to
cons"alt with the DNR to see how we should proceed in applying for future grants. Members
received a copy of the CIP. We must fix a total of 14 bleachers by state mandate. This project
will cost $30,000 to $35,000 and will be completed over the winter months. The wading pool at
Ramsdell will be repaired and regrading done to the field and rink. At our December meeting,
staff would like to set a date for a public hearing sometime in January. This is a requirement of
the DNR. Staffwas updated on improvements to Prestemon Park. Cat tails and reed grasses
have been planted in the new holding pond. Playground equipment will be on the northwest
quarter of the park and will be separated by age groups activities.
NEW BUSINESS
PROPOSE]~ 2001 RENTAL RATES FOR MURZYN HALL
Members reviewed the proposed 2001 rental rates for Murzyn HaIL Staffis proposing a 5%
increase for Sa~-day reutais, with no inormse for Sunday through Friday rentals. Pre-~ will
be ~to $21 per canistsr. The custodial ctmrge will incrmse to $15 per hour. The CO2
system will increase to $20, Members were advised that Coca-Cola has increased their canister
prices. We have had many problems with Coca-C, ola's delivery ~ so staffis considering
switching to Pepsi Cola. Pepsi canisters cost $14; whereas, Coke canisters cost $16.95 effective
Decem~ 5, 1999. Motion by Magnuson, second by Mayer to recommend that the City Council
approve the 2001 rental rates for Murzyn HaH. All ayes, motion carried.
PAGE THREE
REPORTS
RF.L'REATION DIRF, CTOR
The Recreation Director reported that he and Karen Moeller, Senior Citizen Coordinator, will
make a presentation on the multi-use center to the School Board tonight at 7:00 p.m. Staffhas
advertised the multi-use center in the Focus and Northeaster N~wspape~, put an article in the
Focus, advertised the public meeting on November 30, and ~ in the city newsletter. The
Vote Yes campaign also put out. a flyer, are going door-to-door, and will do a phone bank to
promote the project. Members thanked the Recreation Director for his efforts.
pI~LIC WORKS DIRECTOR/CITY ENGINEER
The Public Works Director/City Engineer reported that the LaBeHe warming house has been tom
down. A picnic shelter will be put in its place.
COMMISSION MEMBERS
No report at this time.
Motion by Ruettimann, second by Peterson to adjourn. AH ayes, motion c.~ed. Meeting
adjourned at 6:18 p.m.
Sanice McC.~ee-Fetzer, Park & Recreation Commission Secretary
CITY OF COLUMBIA HEIGHTS
· ~ 4~H AVENUE N.E., ~O~mlA ~I~T~ ~N ~4~!-3878 (G12)
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
November 15, 1999
The November 2, 1999 Planning and Zoning Commission meeting was canceled due to a lack of a quorum and
rescheduied for November 15, 1999. The November 15, 1999 meeting was called to order by Chairperson Ramsdell
at §:00 p.m. Members present were Yehle, Hanson, Szurek and Ramsdell. Commissioner Franzen was not in
attendance. Also present were Ken Anderson (Director of Community Development), Joe Hollman (City Planner),
and Kathryn Pepin (Secretary to the Planning and Zoning Commission).
Mr. Hollman infommd the Commission that the cases to be reviewed at this meeting were already reviewed by the
City Council at their meeting of November 8, 1999 and the Planning and Zoning Commission will be making the final
decision rather than the normal referral to the City Council.
MOTION by Szurek, seconded by Hanson, to approve the minuteS from the meeting of October 5, 199g as
presented in writing. Voice Vote: All Ayes. Motion passed.
OLD BUSINESS:
Public Hearing
Variance/Site Plan Review
Rezoning/Prelim. & Final Plat Review
Case #9909.30
Eagle Crest N.W.
RE: 315 N.E. 44~" Avenue and
4417 University Avenue
Mr. Hollman presented the request of Eagle Crest N.W. to rezone the property at the northeast corner of University
Avenue N.E. and 44~ Avenue N.E. (315- 44~" Avenue N.E. and 4417 University Avenue N.E.) from LB, Limited
Business, to R-3, Multiple Family Residential, to allow the construction of seven attached owner-occupied senior
townhouse units. He added that this also includes a request for site plan approval and preliminary and final plat
approval to replat said property. A third request is for a variance to Section 9.109(1) of the Columbia Heights
Zoning Ordinance which requires that a townhouse structure having an overall length greater than 80 feet shall
have an off-set of eight (8) feet or more. The proposed structure will have an offset of two (2) feet which requires
a variance of six.(6) feet.
Mr. Hollman reminded the Commissioners that the rezoning and plat request were on the agenda for the September
7, 1999 meeting, but were tabled until the October 5, 1999 meeting because the necessary plat information had
not been submitted and a need for the variance was determined. At the time of the October 5 meeting, the
necessary preliminary and final plat information had not been submitted. Mr. Hollman stated that this information
still has not been submitted, so staff has not had the opportunity to review the request.
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPI.OYMENT OR THE PROVISION OF SERVICES
E~QUAL OPPORTUNITY E~MPLOYER
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
NOVEMBER 15, 1999
Page 2
He indicated that Staff discussed the issue with the applicant and wes informed that they still intend to proceed
with the project. However, they are in the process of renegotiating a contract with their engineering company
which will prepare the necessary plat information. The plat will not he prepared until the contract is finalized.
Staff anticipates that this will be accomplished in time for the December meeting.
At this point, staff will recommend that the Planning and Zoning Commission table the request until the December
7, 1999 meeting. Provided the plat is submitted by November 19, 1999, Planning and Engineering Staff will have
adequate time to review the information before the meeting. Should the information not be submitted in time, staff
will request that the applicant waive the 60-day time limit to make a decision on the application. If the applicant
does not provide this waiver, staff will recommend that the Planning and Zoning Commission deny the request at
their December meeting. The request will automatically be approved if action is not taken and the waiver is not
provided by December 10, 1999.
Motion by Hanson, seconded by Szurek, to table Case 9909-30 which is a request for variance, rezoning, site plan,
preliminary and final plat review for the property located at 315 N.E. 44~ Avenue and 4417 University Avenue until
the regular meeting of the Planning and Zoning Commission on December 7, 1999. Voice Vote: All Ayes. Motion
passed.
NEW BUSINESS:
Public Hearing
Conditional Use Permit
Case//9911-33
Merit Siding, Inc.
508 N.E. 40~ Avenue
Columbia Heights, Mn.
Mr. Hollman presented a request for a Conditional Use Permit to construct a 40' x 48' (1,920 square feet)
accessory structure on the property at 508- 40~" Avenue N.E. The accessory structure is intended to be used for
storage of misceflaneous parts, equipment, and vehicles.
Mr. Hollman informed the Commission that there are no previous Planning and Zoning Commission cases on the site.
However, he stated that there have been recent complaints pertaining to outdoor storage on the property, and the
applicant has stated that he has experienced problems with vandalism to his equipment. As a result, he is proposing
to construct the storage garage and construct a fence around the property to help alleviate these problems and
concerns.
He added that the surrounding property in all four directions is zoned RB, Retail Business District. The neighboring
lots on the north, east, and'west are used commercially. The property to the south is used for Multi-Family
Residential.
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
NOVEMBER 15, 1999
Page 3
Mr. Hollman informed the Commission that Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a
Conditional Use Permit for accessory structures in the RB District. Minimum yard and density requirements are as
fellows:
· Every lot shall have a minimum frontage of 40 feet. The existing property meets this requirement.
· Minimum lot width shall be 50 feet. The existing property meets this requirement.
· Minimum lot area shall be 6,000 Square feet. The subject property is approximately 10,050 square feet.
Front Yard shall be 15 feet. The site plan states that the proposed accessory building will meet the 15
foot front yard setback. Having scaled the distance on the site plan which was submitted on October 28,
the garage as shown is only five (5) feet from the front property line. He stated that Staff will
recommend, as a condition of approval, that an amended site plan be submitted along with a building permit
application that illustrates the 15 foot front yard setback.
The floor area ratio shall not exceed 1.0. The subject property will have a floor area ratio of
approximately .5 which meets this requirement.
The maximum height of a structure in the RB District shall be three stories or 35 feet, whichever is lesser.
The existing builo'ing and proposed storage garage meet this requirement.
The minimum side and rear yard setback shall be three (3) feet. The proposed building is shown at three (3)
feet from the side lot line and 37 feet from the rear lot line.
Accessory structures shall be at least six (6) feet away from the principal structure. There will be a seven
(7) foot separation between buildings.
Mr. Hollman stated that the pole building will have three 12 feet wide by 12 feet high overhead doors that will face
south noting that the rear of the garage will face 40"5 Avenue. The walls will be 14 feet in height and the total
height of the building wifl be roughly 20 feet. The color of the walls will be ivory and the trim and roof color will be
emerald green. He noted that the Zoning Ordinance does not regulate the height or size of accessory structures in
commercial districts other than the maximum height requirement listed above. Also, the applicant has stated that
he plans to add a Iouvered vent on the back side of the building (facing 40"5 Avenue) to improve the appearance of
the building.
Mr. Hollman informed the Commission that office buildings require at least one parking space for each 200 square
feet of floor area (net). Based on staff calculations, a total of nine (9) off-street parking spaces are required for
Merit Siding and the neon sign company. The site plan submitted by the applicant does not illustrate a parking
layout, but it does note that a total of 13 parking spaces will be provided. Staff prepared a rough parking layout
and it appears that there is room for five (5) parking spaces (including one van accessible parking space) behind
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Page 4
Merit Siding and the neon sign company which will leave 20 feet between the parking spaces and the proposed
fence. He added that considering that the size of a parking stall is 9 feet wide by 20 feet in length and the garage
is 40 feet wide with three 12 foot wide overhead doors, there is room in the garage for at least four vehicles parked
side by side. This will leave roughly 1,120 square feet of space in the garage for miscellaneous storage. It was his
opinion that the minimum parking requirements can be met.
Mr. Ho//man informed the Commission that Section 9.116(3) of the Zoning Ordinance states that all parking lots for
five or more vehicles shall have the organization of the spaces painted on the surface according to a plan approved
by the City. Staff will recommend as a condition of approval that the applicant submit a parking plan for review
and approval prior to the issuance of a building permit. The Ordinance also states that lots shall be designed so that
internal circulation can he provided without utilizing a public street. Mr. Hollman felt that internal circulation can be
accomplished on the site.
Driveways and parking lots are required to be surfaced with a material to control dust and drainage. As a result,
Mr. Hollman added that staff will recommend, as a condition of approval, that all areas intended to he used for
vehicle movement be hard-surfaced with asphalt or concrete.
Mr. Ho//man noted that the applicant is proposing to construct a fence around the perimeter of the property with
two 16 foot wide electric sliding gates off the driveway along the south side of the property. Vehicles will enter
and exit the site using these two gates. There are also two utility poles on the site that will be. removed and/or
relocated.
Mr. Ho//man informed the Commissioners that one side issue that they should be aware of is the driveway which
runs along the south side of the subject property. This driveway is a separate platted lot and the ownership of the
property is undetermined. It is staff's impression that the lot was platted as a driveway which was intended to be
used by the adjacent properties. However, the existing improved driveway does not follow the boundaries of the
driveway parcel. The driveway that gets used actually crosses property lines of the 500 Club, Merit Siding, and the
apartment building to the south. Should a fence be constructed along the property line as proposed, a portion of the
driveway will be blocked off. This would also be the situation if the apartment owner or the owner of the 500 Club
constructed a fence along their property lines. Mr. Hollman stated that Staff has been advised by the City Attorney
that this is a private issue between property owners and the City should not get involved.
One other issue pertains to Eastman's Gym which is advertised in the front windows of 508- 40~ Avenue. To
clarify this use, Mr. Hollman informed the Commission that the applicant has a boxing ring in the building that he
uses to train one boxer. This is a completely private use and he does not hold any events that are open for public
viewing, so additional parking is not required.
It was Mr. Hollman's opinion that construction of the storage garage will provide space for indoor storage of parts,
equipment, and vehicles which will give the site a nearer appearance. However, the scale and style of the building
would not be consistent with the character of the surrounding neighborhood. Staff has some concern about the
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Page 5
aesthetic impact that the garage will have on the surrounding area.
Commissioner Ramsdell asked if any exterior lighting would be provided on the site. Mr. Hollman stated that none
was indicated on the site plan.
Tim Eastman, owner of the property, stated that there will be one light at the front and one light at the rear of the
building.
Chairperson Ramsdeii opened the public hearing.
Harold Hoium of 4321 N.E. 5~ Street was present to state his objections to the proposal. His complaint included
the retaining wall at the front of the property. He stated that the retaining wall was constructed out to the public
sidewalk on the boulevard. He wanted to know who gave the owner permission to install the retaining wall in that
location. He also stated that he didn't feel any vehicles would be parked inside the proposed building and would be
parked on the street as they do at this time blocking traffic visibility and causing accidents. He also did not like the
exterior appearance of the proposed building and did not feel it fit in with the rest of the commemial buildings in the
area carling it a "pig barn".
Tim Eastman, owner of 508 N.E. 40~h Avenue, stated that the proposed building would allow him to store equipment
and materials inside the building as he needs security due to vandalism. He added that he is currently using a semi
trailer for temporary storage until the building is built. He addressed Mr. Hoium's concerns with the placement of
the fence stating that he had the site surveyed and the fence is up to the front property line which is at the
sidewalk. He will be installing a green treated fence in the front and side and a chain link fence in the rear of the
lot.
Commissioner Ramsdell asked how the driveway will meet the ordinance requirements regarding hard surfaced
parking. Mr. Holiman stated that the hard surface will have to be installed but that will be among the property
owners and city staff should not be involved per the City Attorney as it is a private matter.
Commissioner Ramsdell stated that he was not aware of anything that prohibited parking on the street other than
the overnight parking ban.
Chairperson Ramsdell closed the public hearing.
Motion by Yehle, seconded by Hanson, 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 N.E., subject to the
following conditions:
1. All required state and local codes, permits, licenses and inspections will be met and in full compliance.
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Page 6
2. An amended site plan that is drawn to scale illustrating the proposed location of the building on the lot
shall be submitted prior to the issuance of a building permit.
3. The applicant shall submit a parking plan for review and approval prior to the issuance of a building permit,
and the pattern shell be striped off the surface of the lot.
4. All areas intended to be used for vehicle movement shall be hard-surfaced with asphalt or concrete.
5. All lighting must meet the requirements of the Zoning Ordinance and be approved by Staff.
Voice Vote: AH Ayes. Motion passed.
""THIS ITEM WILL APPEAR ON THE NOVEMBER 8,1999 CITY COUNCIL AGENDA.
Public Hearing
Conditional Use Permit
Case #9911-34
Ashok Bedi
RE: 4022 Central Ave. N.E.
Columbia Heights, Mn.
Mr. Hollman presented a request of Ashok Bedi for a Conditional Use Permit to allow a beer and wine license at
4022 Central Avenue N.E. The applicant currently has a Conditional Use Permit to operate a restaurant in the
building, but the beer and wine license will intensify the use which requires a separate Conditional Use Permit.
Mr. Hoiiman informed the Commission that previously a request was reviewed in June of 1994 for a Conditional Use
Permit to allow the operation of a specialty grocery store combined with a deli/restaurant in the building which was
approved by the City Council on June 13, 1994. In August of 1996 a request by Mr. Bedi was reviewed to operate
a restaurant/deli with a grocery store in the building which was approved by the City Council on August 12, 1996.
Mr. Hollman added that the surrounding property in all four directions is zoned CBD, Central Business District. The
neighboring lots on the north, south, and east are used commercially. The property to the west is used for a public
parking ramp.
He stated that Section 9.112(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for
restaurants, cafes, tea rooms, taverns, bars, provided said design is to only serve customers seated at tables,
counters or booths.
He informed the Commission that the Minimum Yard and Density requirements in the Central Business District are
as follows:
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The floor area ratio shall not exceed 6.0. Floor Area Ratio is defined as the numerical value obtained
through dividing the gross floor area of a building or buildings by the lot area on which such building or
buildings are located. The Floor Area Ratio for the building is approximately 1.0 which meets this
requirement.
Every lot shall have a minimum frontage of 20 feet. The subject parcel has a frontage of 50 feet which
meets this requirement.
Front Yard shall be one (1) foot. It appears that the building was constructed right up to the front lot line,
but this it a pre-existing situation so the structure is legally non-conforming.
Mr. Hollman stated that, according to the floor plan submitted with the application, the restaurant will contain 80
seats. Parking requirements for a restaurant are at least one space for each three (3) seats, which will require 27
parking spaces. There are no on-site parking spaces provided, but the property does have use of the City parking
ramp which is located immediately across the alley to the west of the subject property. Considering that the
parking ramp is available, minimum parking requirements will be met, including handicap parking.
He added that waste material storage is located behind the building which complies with the ZOning Ordinance. The
dumpster is located on a pad on City property which was designed to be used for waste material storage.
Mr. Ho//man informed the Commission that the pertinent licensing requirements for a beer and wine license are as
follows:
It must he in conjunction with a restaurant or hotel. The proposed license will be in conjunction with
Sahib's Gateway to India restaurant.
A wine license requires seating for no less than 75 people. The floor plan indicates that there will be 80
seats.
e
For a beer license, minors are only allowed to remain on the premises if the licensse derives no more than
20% of its gross revenues oenerated on the premises from the sale of beer and has a minimum seating
capacity for at least 100 persons at b°oths and tables only, or if the premises is a bona fide club. The
floor plan indicates that there are only 80 seats in the restaurant, so a beer license is not allowed unless
minors are not allowed in the restaurant.
4. For a wine license, 80% of the annual 9ross receipts must result from the sale of food.
For a wine license, the restaurant must not be within 200 feet of the center of the main/front door of a
church nor within 300 feet of a school building. The City Engineering Department surveyed the distance
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Page 8
between the restaurant and the Early Childhood Family Education Center in the Columbia Heights
Mall. The di=tance between the front doors to each building is 293 feet, so a wine license is not
allowed. He noted that a beer license also requires a minimum of 300 feet between a school or
church.
Mr. Hoflman advised the Commissioners that the Early Childhood Family Education Center will be moving out of the
Mall at some point late this winter or early next spring. Staff was informed by the school district that the tentative
move date is February 1, 2000, but this is dependent on the completion date of the Family Center. As a result, one
option to consider is that the Conditional Use Permit could be issued only for the wine license, subject to a condition
that the wine license can not be issued until the Early Childhood Family Center has completely moved out of the
Columbia Heights Mail.
Council Representative Szurek asked the distance to the church on Van Buren Street at the rear of Mr. Bedi's
property. Mr. Hollman replied that there is 300 feet to the corner of the property owned by the church.
She further stated that the temporary use of the Early Childhood Family Education Center in the mall became a
tenant there after the restaurant at 4005 Central Avenue was already established.
Discussion was held regarding the requirements of the City Code pertaining to distances to schools and churches
when considering a beer, wine or liquor license.
Genevieve Kuppe, owner of the property at 4022 Central Avenue stated the Mr. Bedi is her tenant and is a good
person, hard working and trying to make a go of his business. She stated that he also lives in the city and pays
taxes.
Commissioner Hanson stated his embarrassment by the seven foot distance differential which will disallow Mr. Bedi
from serving beer or wine in his establishment. He did not feel the occupants of this particular school would have
inhabitants that would be affected by the serving of beer or wine.
Ken Anderson, Director of Community Development stated that there is always going to be a set amount that must:
be observed in all our ordinances such as the distances for setbacks required by the Zoning Ordinance. The
exception in this case is that variances are not allowed to license requirements. He further indicated that the
License Review Committee will be reviewing the beer, wine and liquor sections of City Code for updating and
changes as necessary as well as a comparison to State Statute requirements during the next few months. He noted
that this would be one area that will be looked at as to its necessity. He stated that it was his understanding that
the applicant wanted strong beer rather than 3.2 beer allowed by City Code and that it was the City Council's
intention that staff re-evaluate the liquor license requirements to see if this particular applicant would be able to
have strong beer in addition to a wine license.
Motion by Szurek, seconded by Hanson, to approve the Conditional Use Permit to allow a wine license at 4022
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Page 9
Central Avenue N.E., subject to the following conditions:
1. All required state and local codas, permits, licenses and inspections will be met and in full compliance.
2. The wine license shall not be issued until the Early Childhood Family Center completely moves from the
Columbia Heights Mall.
3. A minimum of 75 seats shall be maintained in the restaurant.
Voice Vote: All Ayes. Motion passed.
Metiom by Szurek, seconded by Yehle to table the Conditional Use Permit to allow a beer license at 4022 Central
Avenue N.E.subjoct to final datermination by the City Council and Planning and Zoning Commission. Voice Vote: All
Ayes. Motion passed.
"~'THIS ITEM TO APPEAR ON THE NOVEMBER 8, 1999 CITY COUNCIL AGENDA.
C. Public Hearing WITHDRAWN
Variance
Case//9911-35
Bryan Korbel
RE: 1332 Circle Terrace
Columbia Heights, Mn.
Public Hearing
Conditional Use Permit
Case//9911-36
Zachary Properties, Ltd.
RE: 4005 Central Ave.
Columbia Heights, Mn.
Mr. Hollman presented a request for a Conditional Use Permit to open a 200 seat restaurant with a full service bar
with liquor in the tenant space formerly occupied by KJ's Sports Bar and Grill at 4005 Central Avenue. It will be
called The Starbar and Grill, and the proposed hours of operation are 10:00 AM- 1:00 AM, seven days a week.
Staff anticipates that a proposed menu will be available for review at the meeting.
Mr. Hollman informed the Commission that the original site plan for the mall was approved in 1981. During the
regular meeting of March 2, 1999, the Planning and Zoning Commission approved a site plan to allow the build-out
of the Columbia .Heights Mall. Also, at it's April 6,' 1999 meeting the Commission approved a site plan to allow the
Columbia Heights Transit Hub to be constructed near the northwest corner of the property.
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Page 10
In October of 1997, arequest was reviewed for a Conditional Use Permit to open KJ's Sports Bar and Grill in the
space which was approved by the City Council on October 13, 1997. In April of 1994 a request was reviewed for a
20 square foot sign variance to allow a total of 100 square feet of wall signage for the tenant space. This request
was granted due to the hardship of the location of the business on the lot. Prior to KJ's, the space was utilized by
the Box Seat Restaurant and Carbone's Family Restaurant.
Mr. Hollman informed the Commission that the surrounding property to the north, south, and west is zoned CBD,
Central Business District, and the adjacent property to the east is zoned R-4, Multiple Family Residential. The
neighboring lots to the north and west are used commemially. The property to the south is used for a public parking
ramp, and the property to the east'is used for Parkview Villa.
According to Section 9.112(2) of the Zoning Ordinance, a Conditional Use Permit will be required if the proposed
use contains a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared
Food Delivery Establishments as such establishments are defined in Section 9.103(§3). Minimum Yard and Density
Requirements are listed below:
The floor area ratio shall not exceed 6.0. Floor Area Ratio is defined as the numerical value obtained
through dividing the gross floor area of a building or buildings by the lot area on which such building or
buildings are located. The proposal meets this requirement.
· Every lot shall have a minimum frontage of 20 feet. The subject parcel greatly exceeds this requirement.
· Front Yard shall be one foot. The existing building meets this requirement.
Parking for a restaurant requires at least one (1) space for each three (3) seats based on capacity design. The floor
plan submitted with the application indicates that there will be seating for roughly 200 customers which requires
67 parking spaces. He noted that no changes to the existing floor plan are proposed, so the parking demand will not
change. Minimum parking requirements are being met.
Mr. Hollman stated that Staff has not seen any plans for signage, but all proposed signage must be submitted on
the City prescribed application form and must fully comply with the Zoning Ordinance. As mentioned earlier, a sign
variance was granted in 1994, so a total of 100 square feet of wall signage is allowed.
Pertinent licensing requirements for an on sale liquor license are as follows:
It must be in conjunction with a restaurant or hotel. The proposed license will be in conjunction with The
StarBar and Grill.
A restaurant must have facilities for no less than 150 guests. The floor plan indicates that there will be
200 seats.
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Paoe 11
3. At least 40% of annual receipts must result from the sale of food.
A restaurant requires a dining area, open to the general public, with a total minimum floor area of 3,000
square feet. The total floor area of the restaurant is roughly 4,900 square feet.
The restaurant must not be within 200 feet of the center of the main/front door of a church nor within
300 feet of a school building. Mr. Hollman noted that the Early Childhood Family Center is within 300
feet, but the licensing ordinance allows for the continuation of a liquor license for a premises provided the
church or school moved in after the liquor license was originally issued. Because a liquor license has been
issued for the premises since before the Early Childhood Family Center opened in the mall, it can continue
to be issued for the site.
Chairperson Ramsdell asked Mr. Robet Fizell, representing Zachary Properties, if he had any other operations in the
area and what would be different from the other businesses that have occupied this site.
Robert Fizell stated that he has no other operation and this would be a new experience for him and his wife. He will
have a new menu consisting of a basic grill menu with pizza and sandwiches, no dinners.
Commissioner Ramsdell' opened the public hearing. No one was present to speak regarding this case so the public
hearing was closed.
Motion by Hanson, seconded by Yehle, to approve of the Conditional Use Permit to allow the operation of The
StarBar and Grill at 4005 Central Avenue NE, subject to the following conditions.
1. All required state and local codes, permits, licenses and inspections will be met and in full compliance.
2. All proposed signage must be submitted on the City prescribed application form and must fully comply with
the Zoning Ordinance.
Voice Vote: All Ayes. Motion passed.
*"THIS iTEM TO APPEAR ON THE NOVEMBER 8, 1999 CiTY COUNCIL AGENDA.
Motion by Hanson, seconded by Yehle, to adjourn the meeting at 6:10 p.m. Voice Vote: All Ayes. Motion passed.
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Page 12
Secretary to the Planning and Zoning Commission
kp
CITY OF COLUMBIA HEIGHTS
IIII
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806
MEMBERS
Tom flomsdelL Chek
Kerb Henson
Ted Yohle
Roty Frenzen
Merleino Szurek
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
December 7, 1999
The December 7, 1999 Planning and Zoning Commission meeting was called to order by Chairperson Ramsdell at
7:00 p.m. Members present were Yehle, Hanson, and Ramsdell. Conmlissioners Franzen and Szurek were not in
attendance. Also present were Joe Hollman (City Planner), and Kathryn Pepin (Secretary to the Planning and
Zoning Commission).
MOTION by Hanson, seconded by Yehle, to approve the minutes from the meeting of November 15, 1999 as
presented in writing. Voice Vote: All Ayes. Motion passed.
OLD BUSINESS:
Public Hearing
Variance/Site Plan Review
RezoninglPrelim. & Final Plat Review
Case #9909-30
Eagle Crest N.W.
RE: 315 N.Eo 44*" Avenue and
4417 University Avenue
Mr. Hollman informed the Commission that this request has been withdrawn as the applicant's option on the
property has expired.
NEW BUSINESS:
Public Hearing
Conditional Use Permit/Special Permit
Case #9912-37
U.S. West Wireless
RE: 4839 University Ave. N.E.
Columbia Heights, Mn.
Mr. Hollman presented the request of U:S. West Wireless for a Conditional Use Permit to construct an
approximately 90 foot tall monopole tower on the property at 4849 University Avenue N.E. explaining that U.S.
West Wireless has entered into an option and lease with the property's landowner for 25 years. He added that this
site is needed to expand their coverage area and to aid in capacity relief. He noted that the address of the subject
property listed on the application is 4839 University Avenue N.E. explaining that Universal Auto Body 'is located at
4839 University Avenue NE, but the proposed location of the monopole is at 4849 UniverSity Avenue which is
currently used as a parking lot for Universal Auto Body. Both'parcels are under the same ownership.
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
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Page 2
Mr. Hollman informed the Commission that the surrounding property to the north and south is zoned RB, Retail
Business, and the property to the east is zoned R-2, Single and Two Family Residential. The property to the west is
in the City of Fridley and is used residentially. Residential is also the land use to the east and north, whim the
adjacent property to the south is used commercially.
He stated that Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for
public utility structures in the R B Zoning District. Also, Section 9.118(1 §)(a) of the Zoning Ordinance states
"heights in excess of those allowed under this section shall be permitted only by a special permit granted by
resolution of the Council determining that such structure would not be dangerous and would not adversely affect
the adjoining or adjacent property".
Mr. Hollman informed the Commission that the Minimum Yard and Density Requirements are as follows:
· Lot Width shall be at least 50 feet. The subject parcel is 60 feet wide;
· Lot Area shall be at least §,000 square feet. The subject parcel is 7,824 square feet;
Front Yard Setback shall be 15 feet. The proposed monopole will be roughly 100 feet back from the front
lot line which meets this requirement;
There shall be at least one 10 foot side yard, the other side yard can be zero feet. The equipment for the
monopole will be approximately one foot off the southerly side lot line and the monopole will be rougMy 46
feet from the northerly side lot line;
Rear Yard Setback shall be 30 feet. The proposed location of the monopole and equipment will be 30 feet
from the rear lot line;
Need minimum frontage of 40 feet. The subject parcel has 70 feet of frontage along the University
Avenue service road.
Mr. Hollman stated that the Zoning Ordinance requires a minimum of four parking spaces plus one space for each
800 square feet of floor area over the first 1,000 square feet. The existing building for Universal Auto Body is
5,838 square feet, so a total of ten parking spaces are required. There is room for ten parking spaces in front of
the existing building and fence without blocking access to the concrete drive along the south side of the Property
and the gate to the fenced parking area directing the attention of the Commission to a sketch in the agenda
prepared by staff. He added that there would also be room inside the fenced area for additional parking. The
monopole tower will not generate additional parking demand or traffic, so minimum parking requirements will be
met.
Mr. Hollman informed the Commission that the Federal Aviation Administration and the Minnesota Department of
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PAGE 3
Transportation are required to be notified of any structure 200 feet above ground or more that could affect
navigable airspace. The proposed tower will be 84' 7" tall with a two foot lightning rod on top for a total of 86' 7",
therefore, this notification will not be necessary.
He again stated that Section 9.116(16)(a) of tho Zoning Ordinance states "heights in excess of those allowed under
this section shall be permitted only by a special permit granted by resolution of the Council determining that such
structure would not be dangerous and would not adversely affect the adjoining or adjacent property". He explained
that the maximum height for an antenna in the RB District is 52.5 feet, therefore, a special permit is required. He
directed the Commission's attention to an at~ached resolution.
Mr. Hollman explained that the tower will be designed so that if it were to fall over it, will break apart and collapse
on top of itself rather than tipping over also noting that guide-wires will not be used. He further stated that it will
also be engineered to withstand wind and ice loads as required by the Building Code. In addition, the monopole and
equipment will be protected by eight bollards spaced at roughly four to six foot intervals, so vehicles will not be able
to run into the equipment or tower. Mr. Hollman stated that the appearance of the tower will not be consistent
with the surrounding area, but it will be located in an area that is zoned commercially, and by enhancing PCS
service, it will provide a valuable service to area residents. For these reasons, it is staff's opinion that the proposed
monopole tower will not be dangerous and will not adversely affect the adjoining or adjacent property.
Mr. Hollman informed the Commission that the Columbia Heights Comprehensive Plan designates this area for
future commercial development as well as a possible location for a future light rail transit station. As part of the
neighborhood protection policy, the Plan states that the City will work to protect the integrity and long-term
viability of its Iow-density residential neighborhoods and strive to reduce the potential negative effects of nearby
commercial development through zoning, site plan reviews, and Code enforcement. The proposed use is a public
utility use that will be constructed in a manner that meets the minimum requirements of the Zoning Ordinance and
Building Code.
He added that the appearance of the proposed tower will not be consistent with the surrounding property, but it is
staff's opinion that it will not negatively impact the integrity and long-term viability of nearby residential
neighborhoods. Because minimum Zoning Ordinance and Building Code requirements will be met, and because the
tower will provide a valuable service to area residents, the proposal complies with the intent of the City
Comprehensive Plan.
Chairperson Ramsdell questioned staff as to the ownership of the antennas at 3989 Central Avenue. Mr. Hollman
stated that they belonged to U.S. West. Mr. Ramsdell then asked the representatives of U.S. West why they
required additional antennas in the city and how many more requests would there be in the future.
Chairperson Ramsdel! opened the public hearing.
Dave Mitchell, representative from U.S. West, stated that the need for additional towers is the result of the
PLANNING AND ZONING COMMISSION
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PAGE 4
increase in cellular phones. The towers on the building at 3989 Central Avenue serve a different area. He added
that the towers only provide service in a maximum radius of 1.5 miles adding that there are unique terrain issues
surrounding the University Avenue site.
Commissioner Hanson asked what the expected life span would be of the towers and wondered if it would not
become outdated given the pace at which technology changes. Mr. Mitchell responded that the lease at the site is
for 25 years and if the use is terminated before expiration of the lease, the tower is removed.
Arthur Rodenberg of 4840 N.E. 4xh Street was present to ask why the tower have to be built so close to the
residential area as the proposed structure would be across the alley from his garage. He expressed his objection to
the proposal. He also inquired as to the installation of a box on a post that has already been installed in the public
right of way along the alley.
Doug Proctor, an employee of University Auto Body, was present and concurred that there has been a box installed
on the telephone pole at the alley.
The representatives of U.S. West were not aware of any work authorized for the site as of yet. They did indicate
that it could be a high speed data circuit installed by Telco in the right of way for future use. Staff indicated that
it could also be in conjunction with the cable company.
Chairperson Ramsdell asked if there were plans for any more towers to be constructed in the city as he felt it was
getting out of hand. He asked staff if there would be any way the city could locally restrict how many were within
the city boundary.
Mr. Hollman stated that the FCC was very restrictive as far as what local government was allowed to do, adding
that the FCC allows compliance with the local zoning requirements, but not much more. He felt that perhaps it
would be advisable to ask the opinion of the City Attorney regarding this question.
Commissioner Ramsdell asked the representative of U.S. Wast if they had considered any other sites. Rob Veer of
U.S. West indicated that they had considered McKenna Park as an optional site.
Commissioner Hanson stated that he would like to see optional sites in the future when this type of proposal is
requested.
Commissioner Yehle felt that no matter where a tower would he placed, it would be difficult to keep it away from
residential areas.
Chairperson Ramsdell closed the public hearing.
Motion by Yehle, seconded by Ramsdell, to recommend to the City Council the approval of Resolution 99-97, which
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PAGE 5
is a resolution approving a Conditional Use Permit and Special Permit to allow the construction of an approximately
90 foot tall U.S. West monopoie tower at 4849 University Avenue N.E., subject to the following conditions:.
1. All required state and local codes, permits, licenses and inspections will be met and in full compliance.
2. Any addition of future antennas on the monopole will require a separate Conditional Use Permit.
3. If tower use is not needed by the applicant before the lease expires, the tower must be removed within one
year after cessation of use by U.S. West.
Roll Call: Yehle - Aye; Hanson- No; Ramsdell- Aye. Motion passed.
**THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA OF DECEMBER 13, 1999.
Co
Public Hearing
Conditional Use Permit
Case #9912-38
Udupi CafA
RE: 5060 Central Ave. N.E.
Columbia Heights, Mn.
Mr. Hollman presented the request of the owners of Udupi Caf~ for a Conditional Use Permit to allow a wine license
at 5060 Central Avenue N.E. adding that the applicant currently has a Conditional Use Permit to operate a
restaurant in the building, but the wine license will intensify the use which requires a separate Conditional Use
Permit.
Mr. Hollman informed the Commission that in August of 1983 the Planning and Zoning Commission reviewed a
request for a Conditional Use Permit and Site Plan Review for the construction of a Wendy's Restaurant on the site.
This request was approved in September, 1983. The Wendy's Restaurant site was developed at the same time as a
Rax Restaurant which was constructed on the property to the south {most recently Boston Market). In June of
1997, the Commission reviewed a request for a Conditional Use Permit to operate Bascali's Restaurant which was
approved in June, 1997. In May of 1999, the Commission reviewed a request for a Conditional Use Permit to open
Udupi Caf~ in the building.
Mr. Hollman stated that the surrounding property on the north, south, and east is zoned RB, Retail Business, and is
used commercially. The property to the west is zoned R-2, Single and Two Family Residential, and is'used
residentially.
Mr. Hollman informed the Commission that according to Section 9.113{2) of the Zoning Ordinance, a Conditional
Use Permit will be required if the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets
subject to Section 9.118(15) and Prepared Food Delivery Establishments as such establishments are defined in
Section 9.103(63).
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He added that the Minimum Yard and Density Requirements in the RB Zoning District are as follows:
· Lot Width shall be at least 50 feet. The subject parcel is 1§5 feet wide;
· Lot Area shall be at least 6,000 square feet. The subject parcel is 34,485 square feet;
· Front Yard Setback shall be 15 feet. The existing structure meets this requirement;
There shall be at least one 10 foot side yard, the other side yard can be zero feet. The existing building
meets this requirement;
· Rear Yard Setback shall be 30 feet. The existing building meets this requirement;
· The floor area ratio shall not exceed 1.0. The property has a floor area ratio of approximately .08, which
meets this requirement;
· Need minimum frontage of 40 feet. Subject parcel has 165 feet of frontage along Central Avenue.
Mr. Hollman stated the parking requirements for a restaurant are at least one space for each three seats based on
capacity design. According to the floor plan, there are 84 seats in the restaurant which requires 28 parking spaces.
The site plan indicates that there are 45 parking spaces on-site, two of which are signed and marked as handicap-
accessible (one van accessible as required). He noted that the existing parking lot meets minimum requirements of
the Zoning Ordinance.
He further stated that solid waste material is required to he so located and fenced as to be removed from public
view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. There is
a dumpster enclosure provided at the back of the site.
Mr. Holiman informed the Commission that the pertinent requkements for a wine license are as follows noting that
the wine license allows sales of wine as well as non-intoxicating 3.2 beer.
It must be in conjunction with a restaurant or hotel. The proposed license will be in conjunction with Udupi
Caf6.
A wine license requires seating for no less than 75 people. The floor plan indicates that there will be 84
seats.
3. 80% of the annual gross receipts must result from the sale of food.
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The restaurant must not be within 200 feet of the center of the main/front door of a church nor within
300 feet of a school building. The property is not within 200 feet of a church nor within 300 feet of a
school building.
Mr. Hoilman stated that the City ComPrehensive Plan designates this area for future Commercial development
adding that one goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central
Avenue corridor while protecting nearby residential neighborhoods as well as promoting the rehabilitation of existing
development land in the City. The proposal will not negatively impact any nearby residential areas and will benefit
an existing business, so the proposal is consistent with the City Comprehensive Plan.
Chairperson Ramsdell asked staff if the former tenant had a wine license. Mr. Hollman stated that Bascali's
Restaurant did have a wine license.
Chairperson Ramsdell opened the public hearing. The public hearing was closed as no one was present to address
the Commission regarding this case.
Metio, by Hanson, seconded by Yehle, to recommend City Council approval of the Conditional Use Permit to allow
a wine license in the Retail Business Zoning District at 5060 Central Avenue N. E., subject to the following
conditions:
All required state and local codes, permits, and inspections including, but not limited to building permits,
fire code, and health department regulations will be met and in full compliance.
2. A minimum of 75 seats shall be maintained in the restaurant.
Voice Vote: All Ayes.
**THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA OF DECEMBER 13, 1999.
Public Hearing
Conditional Use Permit/Variance
Case #9912-39
A.C. Milan, LLC.
RE: 500 N.E. 40~ Avenue
Columbia Heights, Mn.
Mr. Holiman presented the request of Ken Hertz of A.C. Milan, LLC. for a Conditional Use Permit to operate a non-
intoxicating 3.2 bar/restaurant at 500- 406~ Avenue N.E. In addition is a request for a Conditional Use Permit to
allow a dwelling unit in the second story of the building as well as a request for a variance from the number of off-
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PAGE 8
street parking spaces required for the site. Mr. Hollman added that a total of 15 off-street parking spaces are
required while five (5) are provided which requires a variance of ten (10) parking spaces.
Mr. Hollman informed the Commission that in June of 1999, a request for a Conditional Use Permit to re-open the
bar/restaurant was reviewed by the Planning and Zoning Commission and was approved by the City Council. It is
staff's understanding that the applicants of that request were unable to secure the necessary funding to purchase
and re-open the property. The original building was constructed in 1915 and an addition was constructed in 1953.
The footprint of the building is 1,288 square feet.
Mr. Hollman stated that the surrounding property in all four directions is zoned RB, Retail Business. Land use on the
north, east, and west is commercial, and the property to the south is a non-conforming multi-family residential
building.
Mr. Hollman informed the Commission that according to Section 9.113(2) of the Zoning Ordinance, a Conditional
Use Permit will be required if the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets
subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in
Section 9.103(63).
He added that the applicant is not proposing any physical changes to the site, or exterior structural changes to the
building. The Building Official will require a one hour separation between the business space and the residential
space, and any improvements are subject to review and approval by the Building Official, Fire Department, and
Anoka County Health Department.
Mr. Hollman stated that Section 9.113(2) of the Zoning Ordinance allows dwelling units in the Retail Business
Zoning District as a Conditional Use Permit provided that:
1. The units do not occupy the first floor; and,
2. A roof intended for usable space shall be enclosed by a wall or fence not less than five feet in height.
He added that the applicant proposes to utilize the second story of the building for the apartment and does not
intend to utilize the roof. The proposal meets the two conditions established in the Zoning Ordinance. The
apartment will contain two hedroams, one bathroom, living room, a family room, and a kitchen all on the second
floor. The total living space will be roughly 1,288 square feet.
Mr. Hollman informed the Commission that the Minimum yard and density requirements in the RB District are as
follows:
Every lot shall have a minimum frontage of 40 feet. The existing property has roughly 50 feet of frontage
along 40~" Avenue which meets this requirement;
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Front Yard shall be 15 feet. The existing building is roughly two feet off the front property line which does
not meet this requirement;
The floor area ratio shall not exceed 1.0. The subject property has a floor area ratio of approximately .8
which meets this requirement;
A building which is not served by an alley shall have one 10 foot side yard. The existing building meets this
requirement as the east half of the lot is vacant of any structure; and,
· No building shall be erected within 10 feet of any alley. There is no rear alley.
Mr. Hoilman stated that the existing building does not meet the front yard setback requirement of the Zoning
Ordinance. However, considering that it was constructed in 1915 prior to the adoption of zoning regulations, it is
considered legally nonconforming and can continue to be utilized without variances. He noted that if the building
were damaged to an extent that is 50% or more of its fair market value, the reconstruction would need to be in
compliance with applicable regulations.
He stated that the parking requirements for a bar/restaurant are at least one space for each three (3) seats or one
space for each 35 square feet of floor area if there is not a seating layout. The dwelling unit requires two (2)
parking spaces. He noted that at the time the public notice was prepared, staff had not seen a seating layout, so
the notice stated that a total of 18 parking spaces would be required, 16 for the berlrestaurant and two (2) for the
dwelling unit. He stated that Staff received a seating plan on December 2, 1999. Based on that plan, 44 seats will
be provided which requires 15 parking spaces. There is space along the rear of the building for five (5) parking
spaces, therefore, the existing property does not meet minimum parking requirements.
Mr. Hollman informed the Commission that Section 9.105(3)(d) states the following: "In recommending a variance,
it shall be found that by reason of narrowness, shallowness, or shape of lot or whereby reason of exceptional
topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue
hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." In
order for a variance to be granted, hardship needs to be established.
He further stated that Section 9.104(3) states that whenever a nonconforming use of a structure or land is
discontinued for a period of six months, any future use shall be in conformity with the Ordinance. He explained that
the subject property has been vacant for over six months, so a variance from the parking requirements will be
needed to re-open a bar/restaurant in the building. He noted that a parking variance would be required for other
potential uses for the building. For example, if the first floor were converted to office space and the upstairs
remained a dwelling unit, a total of eight parking spaces would be needed. There is only enough room on the lot for
five parking spaces, therefore, a variance would be also be needed if the first floor were converted to office,
although the parking demand is less for an office than for a bar/restaurant.
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Because only five off-street parking spaces can be provided on the lot, and because the size of the existing building
demands more parking than can be provided, Mr. Hollman stated that it is staff's opinion that the shape and size of
the lot create a hardship on which to base a variance approval. There is not enough room on the lot to provide an
adequate amount of parking to serve the existing building.
The existing parking lot has been paved, but a parking layout has not been striped. Mr. Hollman indicated that Staff
will recommend as a condition of approval that the lot be striped in a manner that is consistent with zoning
regulations. Parking spaces will need to be 9 feet wide by 20 feet in length. A five (5) foot separation and bumper
curbs between the building and the spaces shall be provided. One of these spaces will need to be a van accessible
handicap parking space which is appropriately signed and marked. He noted that there is roughly 44 feet between
the rear of the building and the beck property line which leaves enough space for the parking spaces, a five foot
separation, and a drive aisle.
Mr. Hollman stated that staff has not seen any information pertaining to signage for this site. Any signage will
need to comply with the Columbia Heights Zoning Ordinance. The maximum amount of signage allowed on the site
is 46 square feet.
Mr. Hollman informed the Commission that the City Comprehensive Plan designates this area for future commercial
development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the
Central Avenue corridor while protecting nearby residential neighborhoods. The Plan promotes the rehabilitation of
existing development land in the City. He stated that the proposal will not negatively impact any nearby residential
areas and will provide an appropriate re-use of an existing building, so the proposal is consistent with the City
Comprehensive Plan.
Mr. Hollman added that utilizing the second story of the building as a dwelling unit does not impact the goals and
objectives of the existing Comprehensive Plan. Although, encouraging mixed-used development has been discussed
during the current Plan update process. It was his opinion that this proposal would be consistent with that
philosophy, but nothing has been formally adopted to date. Also, the Minnesota Design Team did recommend that
the City encourage apartments over retail as an ongoing activity. This proposal is consistent with that
recommendation.
Mr. Hoilman added that Mr. Hertz also owns a building at 3853 Central Avenue where there are outstanding
compliance orders from the Building Official. He indicated that over 1.5 years ago Mr. Hertz obtained a revolving
business loan from the City and, as of this date, has not brought the building into compliance nor has he received a
final certificate of occupancy.
Ken Hertz, applicant for 500 N.E. 40"' Avenue, was present. He stated that he was a part of A.C. Milan, which is a
limited liability company. The property at 3853 Central Avenue and 500 N.E. 40"' Avenue are not under a common
ownership. He informed the Commission that he and different partners own 3853 Central Avenue adding that
approximately 875,000 has been put into that building repairing the plumbing, electrical, roof, exterior work, gutted
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PAGE 11
the interior and remodeled. He stated that there has been disputes between the partners that own the property and
that has had an effect on the monies available to make the repairs. He may have to put more of his personal money
into the project but that was not his intent when he purchased the property.
Commissioner Ramsdell stated that he would not like to see the same thing happen with 500 N.E. 40~" Avenue and
encouraged Mr. Hertz to complete the required work at 3853 Central Avenue as soon as possible. He asked Mr.
Hertz when he thought he could have the outstanding items complete.
Mr. Hertz felt that he could possibly complete the Parking area yet this year and the accessibility items as well. He
added that the property at 500 N.E. 40~h Avenue was purchased with cash and the limited liability company has
substantial capital to do what is needed to bring the building into compliance.
Commissioner Hanson asked Mr. Hertz if 500 N.E. 40'" Avenue would comply with the accessibility requirements.
Mr. Hertz stated that he had met with Mr. Coilova, the Building Official, and is aware of what is necessary.
Chairperson Ramsdell again directed Mr. Hertz to complete the necessary items at 3853 Central Avenue as soon as
possible.
Chairperson Ramsdefl opened the public hearing. The public hearing was closed as no one was present to address
the Commission regarding this case.
Metion by Yehle, seconded by Hanson, to recommend City Council approval of the variance of 10 parking spaces at
500- 404 Avenue N.E. because shape and size of the lot create a hardship. Voice Vote: All Ayes. Motion Passed.
Metion by Yehle, seconded by Hanson, to recommend City Council approval of the Conditional Use Permit to allow
a non-intoxicating 3.2 bar and grill and a dwelling unit on the second floor of the building at 500- 40~' Avenue N.E.,
subject to the following conditions:
All required state and local codes, permits, and inspections including, but not limited to building permits,
fire code, and health department regulations will be met and in full compliance.
2. City Council approval of the ten (10) space parking variance.
At no time shall any space directly associated with the dwelling unit occupy the first floor of the building.
This shall include, but not be limited to, kitchens, restrooms, and bedrooms.
4. The parking lot shall be striped and signed in a manner that is consistent with applicable regulations.
All propOSed signage must be submitted on the City prescribed application form and must fully comply with
the Zoning Ordinance.
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Voice Vote: All ayes. Motion passed.
**THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA OF DECEMBER 13, 1999.
Eo
Public Hearing
Conditional Use Permit
Case #9912-40
Marjorie Kielkopf
RE: 4757 Central Avenue N.E.
Columbia Heights, Mn.
Mr. Hollman presented the request of Marjorie Kielkopf for a Conditional Use Permit to open a day care center in a
portion of the building at 4757 Central Avenue N.E. The proposal also includes a 1,500 square foot outdoor fenced
play area which will be located off the east side of the building and will encroach into the existing parking lot
resulting in the loss of three parking spaces. He added that 2,689 square feet of the space will be utilized for an
occupant load of 73.
He informed the Commission that in June of 1998 a request was reviewed for site plan approval and a Conditional
Use Permit to open a combination Subway Restaurant and TCBY in the former Peaking Palace Restaurant at 4757
Central Avenue. In July of 1998, a request was reviewed for a variance to allow parking in the front yard in the
RB, Retail Business District at 4757 Central Avenue NE which was approved by the City Council.
Mr. Hollman stated that the surrounding property on the north, south and east is zoned RB, Retail Business and is
used commercially. The property to the west is in the City of Hilltop and is used commercially. The subject
property is zoned RB, Retail Business District. He added that Section 9.113(2) of the Columbia Heights Zoning
Ordinance requires a Conditional Use Permit for day care centers in the RB District. Minimum Yard and Density
Requirements are as follows'.
Lot Width shall be at least 50 feet. The subject parcel is approximately 1§3 feet wide;
Lot Area shall be at least $,000 square feet. The subject parcel is 47,713 square feet;
· Front Yard Setback shall be 15 feet. The existing structure exceeds this requirement;
There shall be at least one 10 foot side yard, the other side yard can be zero feet. The property has one
side yard of about 4.4 feet and the other exceeds the 10 foot requirement;
· Rear Yard Setback shall be 10 feet. The existing building exceeds this requirement;
· The floor area ratio shall not exceed 1.0. The property has a floor area ratio of approximately .1, which
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PAGE 13
exceeds this requirement;
Need minimum frontage of 40 feet. The subject parcel has roughly 163 feet of frontage along Central
Avenue.
Mr. Hollman stated that the Zoning Ordinance does not specifically address parking requirements for a day care, so
parking requirements for the most similar use need to be applied which appears to be an elementary school. An
elementary school requires at least one parking space for each classroom, plus one additional space for each 300
student capacity. Them will be one ama of 1,050 square feet which will be used by preschool. A second ama of
994 square feet will be used by 28 toddlers. There will also be one office of approximately 150 square feet. He
noted that office space requires one parking space for each 200 square feet of floor area.
He added that a total of four parking spaces are required for the day care center. Them are 64 total parking spaces
on the site and throe handicap accessible parking spaces indicated near the southwest corner of the building. The
Subway/TCBY requires 25 total parking spaces. Considering that throe spaces will be removed and 25 am required
for Subwayrl'CBY, a total of 36 spaces am left for the day care center which meets minimum parking requirements.
Mr. Hollman informed the Commission that the proposed 1,500 square foot playground will encroach into the
existing parking lot and a total of throe parking spaces will be lost as aresult. Those three spaces are currently
isolated from the remainder of the parking lot so traffic circulation will not be impacted. However, staff will
recommend as a condition of approval that the playground be surrounded by a curb or bollards to further protect the
area from vehicle traffic. The playground will be surrounded by a four foot high vinyl coated chain link fence. He
noted that the playground has not been designed at this point, but the surface will be a combination of sod, possible
wood chips, and a hard surface are for handicap access. He added that additional lighting is not planned.
Mr. Hollman stated that much of the traffic generated by this facility will he parents driving in and parking
temporarily to drop off and pick up their children. Because of this, staff will recommend as a condition of approval
that the two parking spaces immediately in front of the public entrance to the day care center be clearly marked
and identified as parking for the day care center.
He further stated that the City is currently engaged in a planning process for a Master Redevelopment Plan for
Downtown Columbia Heights. As part of this process, a market analysis was prepared by representatives from
Colliers Towle Real Estate. Their research and analysis indicates that any successful new development in Columbia
Heights will likely be in the form of smaller-scale retail, service and/or office products, possibly mixed with smaller-
scale Iow, medium or even high density residential uses. The report listed a day care center as a possible
commemial use for the ama. He stated that according to the Southern Anoka County Consortium, Anoka County
has a shortage of available day care. The proposed facility is not in downtown Columbia Heights, but as indicated
by the Southern Anoka County Consortium, there is a demand for day care throughout Anoka County.
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Mr. Hollman stated that the City Comprehensive Plan designates this area for future Commercial development. One
of the goals of the Land Use and Redevelopment component of the Plan states "Improve the commemial viability of
the Central Avenue Corridor whim protecting nearby residential neighborhoods." The Plan does not specifically
address day care in any goals and objectives, but service businesses are encouraged. The addition of a day care
center in Columbia Heights will provide a valuable service to the area. It was his opinion that the proposal is
consistent with the City Comprehensive Plan.
James and Marjorie Kielkopf, the applicants were present to answer any questions. They stated that their intent is
to have 58 children enrolled.
Chairperson Ramsdell opened the public hearing. The public hearing was closed as no one was present to address
the Commission regarding this case.
Motiofl by Hanson, seconded by Ramsdell, to recommend City Council approval of the Conditional Use Permit to
allow the operation of a day care center at 4757 Central Avenue N.E., subject to the following conditions:
1. All required state and local codes, permits, licenses and inspections will be met and in full compliance.
All proposed signage must be submitted on the City prescribed application form and must fully comply with
the Zoning Ordinance.
The two parking spaces immediately in front of the public entrance to the day care center be clearly
marked and identified as parking for the day care center.
4. A curb or boilards shall be installed around the playground to protect it from vehicle traffic.
Voice Vote: All Ayes. Motion Passed.
**THIS ITEM TO APPEAR ON THE DECEMBER 13, 1999 CITY COUNCIL AGENDA.
Public Hearing
Conditional Use Permit/Special Permit
Case #9912-41
Loucks & Associates
RE: 3989 Central Avenue N.E.
Columbia Heights, Mn.
Mr. Hoilman presented the request of Loucks and Associates, on behalf of Sprint, for a Special Permit and a
Conditional Use Permit to attach Sprint wireless telephone antennas to the roof of the Columbia Heights Business
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PAGE 15
Center at 3989 Central Avenue N.E. (Northeast State Bank Building). He explained that a total of six panel
antennas will be initially placed on the building (four on the building roof and two on the penthouse) adding that as
their system capacity increases, an additional six antennas are possible in the future. The antennas which are
roughly 64" high x §" wide x 2" deep will be attached by ballast mounts. In addition to the antennas, Mr. Hollman
stated that base station equipment will also be installed which is used to link the antennas to the telephone
network. This equipment includes three cabinets which are roughly 72" high x 42" wide x 30" deep.
In February of 1998, a request by U.S. West Communications was reviewed for a Special Permit and Conditional
Use Permit to install a personal communication system antenna on the roof of the building. This request consisted
of the installation of three skids with two antennas per skid as well as an equipment platform. Similar requests
have been approved on the water tower on Stinson Blvd. for Sprint and on Parkview Villa North for American
Portable Telecom (APT).
Mr. Hoilman informed the Commission that the surrounding property in all four directions is zoned CBD, Central
Business District. The property to the north, south, and west is used commercially, and the property to the east is
used for a public parking ramp. The subject property is zoned CBD, Central Business District.
He further informed the Commission that Section 9.112(2) of the Columbia Heights Zoning Ordinance requires a
Conditional Use Permit for public utility structures in the CBD Zoning District. In addition, Section 9.116(16)(a) of
the Zoning Ordinance states "heights in excess of those allowed under this section shall be permitted only by a
special permit granted by resolution of the Council determining that such structure would not be dangerous and
would not adversely affect the adjoining or adjacent property".
Mr. Hollman stated that the tower will be engineered to withstand wind and ice loads as required by the Building
Code adding that the roof must be capable of carrying any increased weight bearing as a result of the installation of
the proposed equipment. Aesthetically, the rooftop antennas may not blend with the building facade, but it will be
located in an area that is zoned commercially. It was Mr. Hollman's opinion that by enhancing service, it will
provide a valuable service to area residents. Also, the antennas will not generate a need for additional parking or
increase traffic flow in the area. For these reasons, he stated that it is staff's opinion that the proposed antennas
will not be dangerous and will not adversely affect the adjoining or adjacent property.
Mr. Hoilman informed the Commission that the Minimum Yard and Density Requirements are as listed below:
The floor area ratio shall not exceed 6.0. Floor area ratio is defined as the numerical value obtained
through dividing the gross floor area of a building or buildings by the lot area on which such building or
buildings are located. The proposed antennas will not impact the floor area ratio.
Every lot shall have a minimum frontage of 20 feet. The subject parcel greatly exceeds this requirement.
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PAGE 16
Front Yard shall be one foot. The existing building and proposed antennas meet this requirement.
Mr. Holiman stated that the Federal Aviation Administration and the Minnesota Department of Transportation are
required to be notified of any structure 200 feet above ground or more that could affect navigable airspace. The
elevation of the highest antenna will be roughly 94 feet above grade, so this will not be necessary.
He informed the Commission that the Columbia Heights Comprehensive Plan designates this area for future
commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability
of the Central Avenue corridor while protecting nearby residential neighborhoods. The proposal will not negatively
impact any nearby residential areas and will provide a valuable service to area residents. The proposed use is a
public utility use that will be constructed in a manner that meets the minimum requirements of the Zoning Ordinance
and Building Code. Because minimum Zoning Ordinance and Building Code requirements will be met, and because
the antennas will provide a valuable service to area residents, it was Mr. Hollman's opinion that the proposal
complies with the intent of the City Comprehensive Plan.
Chairperson Ramsdell inquired of staff as to why this request required the special permit. Mr. Hollman stated that
the addition of this equipment increased the overall height of the building.
Chairperson Ramsdeil opened the public hearing.
Scott Hoelscher, representing Sprint, was present. He informed the Commission that the ballast mounts they
propose to use to mount their antenna would be similar to the U.S. West skids that are existing on the building.
Sprint also has antennas on the water tower.
Chairperson Ramsdell asked how many more antenna requests the City could expect to receive. Mr. Hoeischer was
unsure adding that it would depend on the capacity of the system and the number of people using the system. He
stated that as future needs grow for cell phone use, etc., towers must be provided.
Chairperson Ramsdeil closed the public hearing.
Marie, by Hanson, seconded by Ramsdell, to recommend City Council approval of Resolution 99-98, which is a
resolution approving a Special Permit and a Conditional Use Permit to allow the installation of Sprint wireless
telephone antennas to the Columbia Heights Business Center at 3989 Central Avenue NE, subject to the following
conditions:
1. All required state and local codes, permits, licenses and inspectiOns will be met and in full compliance.
The installation of additional ballast mounts in the future will require a separate Special Permit and
Conditional Use Permit.
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PAGE 17
3. The equipment shag be finished/painted to aesthetically blend with the rest of the building and it's
surroundings.
Voice Vote: All Ayes. Motion passed.
**THIS ITEM TO APPEAR ON THE DECEMBER 13, 1969 CITY COUNCIL MEETING.
STAFF REPORTS.
I. Mr. Hallman presented the request of Richard Lange, President of First Community Credit Union at 843- 40~
Avenue N.E. He explained that Mr. Lange had approached staff about the possibility of amending Section
9.112(2}(o) of the Columbia Heights Zoning Ordinance which regulates car sales and fleet sales in the CBD, Central
Business District. Currently, car sales and fleet sales are permitted as a Conditional Uss Permit in the CBD. He
noted that a zoning text amendment needs to be initiated by either the City Council or the Planning and Zoning
Commission. The following provides a brief summary of Mr. Lange's request as well ss same background and a
brief analysis of some of the issues pertaining to the requested text amendment. Mr. Hollman stated that should
the Planning and Zoning Commission be interested in amending the ordinance, a formal motion should be made
directing staff to initiate the process.
Mr. Hollman informed the Commission that Section 9.112(2)(o) reads as follows:
Car Sales/Fleet Sales/Advertisement provided that:
The lot is surfaced and graded according to a plan submitted by the applicant and as approved by
staff.
· The "for sale" or "fleet" vehicles cannot eliminate required parking spaces.
· No more than two (2) cars will be permitted for such use at any time.
· No "for sale" or "fleet" vehicle can remain on the lot for more than fourteen (14) days at any one time.
Mr. Hoflman informed the Commission that First Community Credit Union currently has a Conditional Use Permit to
sell vehicles from their site. Mr. Lange is requesting that the number of cars permitted for sale increase from two
to five. The Credit Union currently has an Auto Brokers License, but they want to receive a used car dealers license
from the State, and, in order to receive a used car dealers license, the applicant needs to have authority to display a
minimum of five cars on a lot. The used car dealers license will enable the Credit Union to buy cars for their
members at auto dealer auctions.
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Mr. Hollman provided a brief history of the Credit Union property stating that in October of 1995, a request by the
Credit Union was reviewed for a Conditional Use Permit to allow the operation of a two-day car sales promotion in
their parking lot. This request was approved provided that no more than two, two-day car sales for members only
took place per year. In January of 1996 the Commission reviewed a request for a Conditional Use Permit to allow
the operation of a permanent car sams lot with up to five vehicles on display in their parking lot. This request was
denied because a permanent car sales lot was not allowed in the Central Business District. In March of 1996, the
Commission reviewed a request for an amendment to the Conditional Use Permit section of the Central Business
District portion of the Zoning Ordinance that was initiated by the City Council to facilitate operation of a car
saMs/fleet sams for the Credit Union. The proposed amendment (Section 9.112(2)(o)) was approved. In March of
1996, the Commission reviewed a request by the Credit Union for a Conditional Use Permit to allow the ongoing
sam of two vehicles on their parking lot which was approved.
Mr. Hollman again stated that no more than two vehicles are permitted for sale at one time and the "for saM" or
~"fleet" vehicles cannot eliminate required parking spaces. In addition, Section 9.11B(2)(m) of the Zoning Ordinance
states that required off-street parking space in all districts shall not be used for the storage of vehicles that are for
sam or for rent. First Community Credit Union currently has 17 parking spaces available on site and 15 are
required, so utilizing two spaces to store "for sale" vehicles is consistent with zoning regulations. However, this
property is located within the downtown parking district, and those non-residential parcels located in the district are
not required to provide off-street parking facilities. As a result, if the number of parking spaces designated to
display "for sale" vehicles were increased from two to five, parking requirements will not be violated.
Mr. Hollman stated that one concern is the potential impact that increasing the number of vehicles that can be
displayed "for sale" may have on the Central Business District. As a reminder, an application for a Conditional Use
Permit to allow auto/fleet sales can be made by any property owner in the District. It is not limited to the Credit
Union. Car sales lots are generally not desired in a Central Business District which is typically associated with
higher density retail sales and service based businesses. The question arises whether increasing the number of cars
allowed for sale from two to five will have an impact on Columbia Heights' Central Business District.
He informed the Commission that the City Comprehensive Plan designates this area for future commercial
development and as an area of special planning interest. The commercial designation is designed to accommodate
retail sales, offices, service businesses, no outdoor storage or significant truck traffic compatible with a retail or
office environment. The Plan also states that the City should continue to promote the long-term evolution of the
40"5 Avenue corridor to commercial as opposed to residential. It was Mr. Hollman's opinion that the proposal does
not seem to impact the goals and objectives of the Comprehensive Plan.
Chairperson Ramsdell could not see any problem in pursuing the amendment to allow five cars to be "for sale",
however, that does not mean it would be approved. He understood the Credit Union's need to succeed and compete
with other agencies in the area. He directed staff to keep the requirements tight, that parking spaces must he on
site and in addition to required parking spaces for the principal use. He felt the same requirements and restrictions
for display of signage, etc. that are in the current ordinance should be used.
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Metien by Ramsdell, seconded by Hanson, to direct staff to initiate the necessary process for the zoning text
amendment to allow five "for sale" vehicles to be displayed at any time. Voice Vote: All Ayes. Motion passed.
II. Mr. Hollman presented the draft Comprehensive Plan from the City of New Brighton for review and comments.
He stated that the land use in the area of New Brighton adjacent to Columbia Heights is not proposed to change
with the exception of the Water Works facility east of Stinson Boulevard north of 4§~' Avenue and south of §e,
Street. The area is designated as future parks/open space preservation as opposed to the current public/quasi-public
designation. He questioned how and what uses this would entail and felt we should have additional information.
He informed the Commission that the future land use plan indicates that there would be linear "green" corridors
linking various recreational amenities. These corridors are generally planned in a north/south manner. It was Mr.
Hollman's opinion that a possible east/west connection, probably along 45"5 Avenue, to the planned Columbia
Heights bike loop should be explored.
The Commission agreed with his recommendations.
III. Mr. Hollman presented a initial draft of the Fridley Comprehensive Plan for review adding that Fridley
anticipates that future drafts will include additional chapters. He provided the following comments to the Planning
and Zoning Commission for consideration:
A. Redevelopment of Site 4 as described in the Land Use Chapter includes the area surrounding the intersection of
1-894 and TH §5 extending west to the Mississippi River to include the potential commuter rail station site and then
south encompassing the University Avenue corridor. The Plan stated that redevelopment should be transit oriented
and include a mixture of Iow, moderate and high-income housing. This could have a significant impact on Columbia
Heights, particularly on traffic in an around the City. He felt that more detailed information should be provided to
the City as redevelopment planning in the area progresses.
B. The Plan does not address the possibility of a light rail transit corridor along University Avenue.
C. The Plan does not include information on public facilities, transportation or storm water management.
D. A connection between the East River Road regional bike trail and the Columbia Heights bike loop should be
· explored along 44~h Avenue and possibly Main Street.
The Commission members concurred with his assessment.
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Motion by Hanson, seconded by Yehle, to adjourn the meeting at 9:05 p.m. Voice Vote: All Ayes. Motion passed.
Kathryn Pepin
Secretary to the Planning and Zoning Commission
kp