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Home My WebLink AboutFebruary 28, 2000 RegularCITY OF COLUMBIA HEIGHTS 590 4OTH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-28OO TDD 782-2806 ADMINI$ TRA TION February 25, 2000 Mayor Gary L. Peterson Councilmembers John Hunter DonaM G. Jolly Marlaine Szurek Julienne Wyckoff City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, February 28, 2000 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on die basis of disability in die 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 disabled persons are available upon request when the request is made at least 96 hours in advance. Please call die Deputy City Clerk at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) CONSENT AGENDA (These items are considered to be routine by the City Cotmcil and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) MOTION: Move to approve Consent Agenda items as follows: 1 ) Minutes for Approval MOTION: Move to approve the minutes of the February 14, 2000, Regular Council Meeting as presented. 2) Establish Work Session meeting date for March, 2000. MOTION: Move to establish Work Session meeting date of Monday, March 6, 2000 at 7:00 p.m. 3) Authorization to seek bids for 2000 Recreation equipment. MOTION: Move to authorize recreation staff to seek bids for the purchase of t-shirts, hats, and athletic equipment for the year of 2000 to be purchased from account 881-45001- 2170. 4) Authorization to enter into contract with N.S.P. for collection of spent ~uorescent bulbs. MOTION: Move to authorize Mayor and City Council to enter into an contact with N.S.P. for the collection of spent fluorescent bulbs from residential and small businesses in Columbia Heights and surrounding communities served by N.S.P. Expense related to this collection will be reimbursed by Northern States Power Company. THE CITy OF COLUMBIA HEIGHTS DOES NOT DISCRfMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVIE[ON OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Meeting Agenda Febmr/28, 2000 Page 2 5) 6) 7) 8) 9) 10) n) 12) Authorization to enter into 2000 Anoka Cotmtv Joint Powers A~reement SCORE Funds. MOTION: Move to authorize Mayor and City Manager to enter into the 2000 Joint Powers Agreement with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and to make funds of up to $55,196.74, available as reimbursement for eligible expenses. Authorize payment of Values First/Southem Anoka County CommuniW Consortium Coordinator Invoice. MOTION: Move to authorize payment of $5,108.00 to Anoka County toward the 2000 salary of the Values First/Southem Anoka County Community Consortium Coordinator. Authorization to Seek Bids for 2000 Miscellaneous Concrete Project MOTION: Move to authorize staff to seek bids for the 2000 Miscellaneous Concrete Replacement and Installation Project. Authorization to Seek Bids for 2000 Street and Parking Lane Striping MOTION: Move to authorize staff to seek bids for the 2000 Street and Parking Lane Striping Contract. Final Payment for Sanitary Sewer Lining MOTION: Move to accept the work for Sanitary Sewer Lining, Municipal Project #9916 and to authorize final payment of $4,807.40 to Insituform Technologies USA, Inc. of Chesterfield, Missouri. Authorization for BRW to prepare Final Plans and Specifications for Central Avenue Street & Utility Improvements MOTION: Move to authorize preparation of Final Plans and Specifications for Central Avenue from 37th to 43*d Avenues as detailed in the Engineering Study dated January, 2000; and, authorize the Mayor and City Manager to enter into a contract for final design services to BRW at a cost not-to-exceed $137,000. Resolutions Accepting the Feasibility Reports for Zone 4 Street Rehabilitation and Seal Coating, and Calling for Public Improvement Hearing MOTION: Move to waive the reading of the Resolutions, there being ample copies available for the public. MOTION: Move to adopt Resolution No. 2000-17 which accepts the Feasibility Report for Zone 4, Street Rehabilitation, and calls for an Improvement Heating for March 20, 2000. MOTION: Move to adopt Resolution No. 2000-18 which accepts the Feasibility Report for Zone 4 Street Seal Coating and calling for an Improvement Heating for March 20, 2000. Resolution Approving Appointment of Commissioners of the Columbia Heights Housing and Redevelopment Authority for the propose oftransferrin~ appropriate documents in the transition of the Section 8 Program to the Metropolitan Housing and Redevelopment City Council Meeting Agenda February 28, 2000 Page 3 Authority. MOTION: Move to adopt Resolution No. 2000-19, being a resolution approving appointment of Commissioners to the Columbia Heights Housing and Redevelopment Authority. 13) Approve License Applications MOTION: Move to approve the items as listed on the business license agenda for February 28, 2000, and to waive the license fees for Immaculate Conception Church. 14) Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Proclamations 1. Census 2000 B. Presentations C. Introduction of New Employees Recognition 1. Mr. Dan Shattuck, 3801 Van Buren Street NE MOTION: Move to appoint Dan Shattuck to a four year term, ending April 1, 2004 on the Planning and Zoning Commission, replacing the designated City Councilmember representative. Mr. Steven Johnson, 5029 6th Street NE MOTION: Move to appoint Steven Johnson to the vacant Planning and Zoning Commission term, which expires on April 1, 2001. PUBLIC HEARINGS Resolution Adoptin~ Rate Structure for Storm Water Utility Policy MOTION: Move to waive the reading of the Resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2000-15, being a Resolution which: · Establishes the rate structure for storm water utility. · Reduces the sanitary sewer rate from $2.00/1000 gallons to $1.93/1000 gallons. The minimum charge would become $31.76. · Reduces the refuse collection charge by $1.00/month for each container size for single family units and 5% for multi-dwelling units. Public Hearing for Revocation/Suspension of Rental Housing License at 4328 6m Street NE. MOTION: Move to table the matter of Rental License Revocation or Suspension of the Rental Ciiy Council Meeting Agenda February 28, 2000 Page 4 License held by Thomas Brooks to the March 13, 2000, City Council meeting, in that the property owner has requested additional time to correct deficiencies at the property. Public Heating for Suspension of Intoxicating Liquor License at 4005 Central Avenue NE. MOTION: Move to suspend the intoxicating liquor license for the StarBar and Grill at 4005 Central Avenue NE until such time as the minimum license requirements are met. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Resolution regarding Metro Transit Recon'nmendation MOTION: Move to waive the reading of Resolution 2000-20, there being ample copies available to the public. MOTION: Move to adopt Resolution 2000-20, being a Resolution of the Columbia Heights City Council pertaining to the Metro Transit Restmcturing Study Service Plan. B. Bid Considerations Other Business 1. Census 2000 Partnership Agreement MOTION: Move to enter into a Partnership Agreement with the United States Census Bureau in an effort to increase awareness and participation in Census 2000. ADMINISTRATiVE REPORTS A. Report of the City Manager B. Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Meeting of the January 18, 2000, Economic Development Authority 2) Meeting of the January 25, 2000, Park and Recreation Commission 3) Meeting of the February 17, 2000, Telecommunications 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. ADJOURNMENT Walter Fehst, City Manager WF/pm February 28, 2000 City Council Meeting Agenda corrections: 4.A. 16 Resolution Approving Appointment of Commissioners of the Columbia Heights Housing and Redevelopment Authority for the purpose of transferrinff appropriate documents in the transition of the Section 8 Program to the Metropolitan Housing and Redevelopmerit Authority. Revised Resolution - (memo fxom Ken Anderson) Motion remains the same. Add to Consent Agenda (as presented at the Work session of 2-22-00): 4.A. 15 Authorization to attend out of town Conference MOTION: Move to authorize the attendance of Officer Joe Sturdevant as advisor, and four police Explorers at the 2000 State law enforcement Explorer Conference on April 27-30, 2000, at Breezy Point, Minnesota. Cost to be covered out of the 2000 Police Department budget 4.A. 16 Authorization to establish date for Public Hearing. Federal Block Grant for Equipment Purchase MOTION: Move to establish a public hearing date of March 13, 2000, regarding the purchase of equipment with federal block grant money totaling $23,945 with a $2,661 match by the City, and to approve the proposed list of equipment to be purchased with these funds. Remove from Public Heating 6.C. Public hearing for suspension of Intoxicating Liquor License at 4005 Central Avenue NE. - (Property has come in compliance) Revision to: Items for Consideration 7.A.l. Resolution regarding Metro Transit Recommendation -revised Resolution, attached to memo fxom Joe Hollman -motion remains the same OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 14, 2000 CALL TO ORDER/ROLL CALL Present.' Mayor Peterson, Councilmembers Szurek, Wyckoff, Hunter Absent: Councilmember Jolly 2. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETiNG AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) Motion by Councilmember Szurek, second by Councilmember Hunter to approve the Consent Agenda items as follows: 1. Minutes for Approval Council approved the minutes of the January 24, 2000, Regular Council Meeting as presented. Council approved the minutes of the February 7, 2000, Planning and Zoning Commission Interviews. Approve Conditional Use Permit Case #2000-0202, 4300 Central Avenue NE Council approved the Conditional Use Permit to allow the operation of a temporary greenhouse/retail sales at 4300 Central Avenue, from April 15, 2000, through July 7, 2000, subject to the following condition: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. Approve Conditional Use Permit Case #2000-0203, 4757 Central Avenue NE Council approved the Conditional Use Permit to allow the operation of The Gardens Restaurant, 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. Solid waste material shall 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. Adopt Resolution No. 99-97. a Resolution approvin~ a Conditional Use Permit and Special Permit. Case #9912-37, 4849 University Avenue NE Council waived the reading of Resolution 99-97, there being ample copies available to the public. Council adopted Resolution 99-97, a Resolution approving a Conditional Use Permit and Minutes forRegularCityCouncilMeeting February l4,2000 Page 2 Special Permit to allow the construction of an approximately 90 foot tall U.S. West Personal Communications Services Monopole tower at 4849 University Avenue NE. RESOLUTION 99-97 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL APPROVING A CONDITIONAL USE PERMIT AND SPECIAL PERMIT TO ALLOW THE CONSTRUCTION OF AN APPROXIMATELY 90 FOOT TALL US WEST PERSONAL 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, WHEREAS, the subject property is currently zoned RB, Retail Business, and a Conditional Use Permit is required for public utility structures in the RB District; 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) 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; and, WHEREAS, 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 Permit 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 14th day of February, 2000. Offered by: Szurek Seconded by: Hunter Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk Minutes for Regular City Council Meeting February 14, 2000 Page 3 Authorize Transfer of Funds to Repay O.T. Fund Council authorized the transfer $720, the total amount received from Northeast State Bank for off duty security worked from January 3, 2000, to January 5, 2000, from the General Fund to the Police Department 2000 budget under line 1020, police overtime. Authorize Acceptance of the Hilltop Police and Rescue/Medical Contract Council authorized the Mayor and City Manager to enter into a contract with the City of Hilltop for police and rescue/medical services through March 31, 2003, and to ratify the contract of April 1, 1997, through March 31, 2000. Authorize Attendance of Chief of Police and Captain at Executive Trainin~ Institute Council approved the attendance of the Chief of Police and the Captain at the Executive Training Institute to be held in St. Cloud Minnesota, on April 17, 18, 19, and 20, 2000, and to pay all associated expenses out of the Police Department's training budget 101-42100- 3105 and travel budget 101-42100-3320. Authorize Purchase of Total Station Survey Equipment Council authorized the purchase of one Topcon GTS-311 Total Station Package from Laser Control, Inc., for a cost of $12,270 plus tax, with funds allocated from 431-43100-5170. Authorize the Assistant Fire Chief to attend the Fire Department Instructors Conference Council authorized the Assistant Fire Chief to attend the 2000 Fire Department Instructors Conference in Indianapolis, Indiana, from February 29 - March 5, 2000, and to reimburse expenses from the appropriate accounts. 10. Establish Heating Dates Re: License Revocation or Suspension of Rental Property at 4328 6th Street NE Council established a Hearing Date of February 28, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Thomas Brooks at 4328 6th Street. 11. Authorize approval of MCPP Application for First Time Home Buyer Program Council authorized Anoka County/Anoka County HRA to submit an application to the Minnesota Housing Finance Agency, for the 2000 Minnesota City Participation Program, on behalf of the City of Columbia Heights; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 12. Approve License Applications Council approved the items as listed on the business license agenda for February 14, 2000. 13. Payment of Bills Council approved to pay the bills as listed out of proper funds. Wyckoff asked what type of restaurant The Gardens, at 4757 Central Avenue NE, would be. Community Development Director Anderson stated it would be a sit-down restaurant, with American food, but had not yet received a menu. The company is based out east. All ayes. Motion carried. Minutes for Regular City Council Meeting FebmaW 14, 2000 Page 4 PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS (b) (c) D. Proclamations Presentations Introduction of New Employees Recognition PUBLIC HEARINGS A. Rental License Revocation 1. Public Heating for Revocation/Suspension of Rental Housing License at 3718 Central Avenue Assistant Fire Chief Alexon was before Council two weeks ago with an extension request from the owner. The owner has come in substantial compliance, not l O0 %, but close. Mayor Peterson closed the Public Hearing Regarding the Revocation or Suspension of the Rental License held by Heidi VonHeideman, regarding rental property at 3718 Central Avenue, in that the property is in substantial compliance with the Housing Maintenance Code. 2. Public Hearin~ for Revocation/Suspension of Rental Housing License at 4610 Fillmore Street Alexon indicated this is an owner occupied duplex. A complaint in June 1999 resulted in 11 violations. The annual inspection resulted in 43 additional violations. An extension was granted until September l& which found all violations remaining. An inspection on October 11 found no one available. Upon returned on December 16, only 6 violations remained. On January 5, 2000, they were given two additional weeks. The owner was notpresent to conductthelastinspectiononFebruary8. Thesixviolationsthatexistareprimirlyinterior. Alexonrecommended this license be revoked. RESOLUTION 2000-14 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(I) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY MOHSEN DESSOUKI (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4610- 4612 FILLMORE STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104( 1 )(A), WRITTEN NOTICE SETTiNG FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREiN WAS GIVEN TO THE LICENSE HOLDER ON JANUARY 13, 2000 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 14, 2000. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDiNANCES AND REGLrLATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: Minutes for Regular City Council Meeting February 14, 2000 Page 5 FINDINGS OF FACT 1. That on June 1, 1999, Matt Field and John Larkin, Inspectors for the City of Columbia Heights, inspected the rental property located at 4610 Fillmore Street. This inspection was in response to a complaint. Inspectors found eleven violations and mailed by regular mail a report detailing the violations to the owner of the property at the address listed on the rental housing license application. 2. That on June 29, 1999, Rich Hinrichs, Inspector for the City of Columbia Heights, inspected the rental property located at 4610 Fillmore Street. This inspection was the Annual Housing Maintenance Code inspection. Inspector Hinrichs found forty-three violations and mailed by regular mail a report detailing the violations to the owner of the property at the address listed on the rental housing license application. 3. That on July 29, 1999, inspection office staff granted the owner of the property located at 4610 Fillmore Street an extension of time to correct the violations listed in the June 1, 1999 compliance orders. 4. That on September 13, 1999, Gary Gorman and Rich Hinrichs, Inspectors for the City of Columbia Heights, inspected the rental property located at 4610 Fillmore Street. The inspectors checked to see if the eleven violations from the June 1, 1999 inspections remained uncorrected and they also checked to see if the forty-three violations from the June 29, 1999 inspections remained uncorrected. Inspectors found that fifty- four violations remained, compliance orders were sent by regular mail to the owner at the address listed in the rental housing license application. 5. That on October 26, 1999, Matt Field and John Larkin, inspectors for the City of Columbia Heights, attempted to reinspect the rental property and noted that the tenants of the property were not aware of the inspection and that the owner of the property was not present. A final compliance order was sent by regular mail to the owner of the property at the address listed in the rental housing license application. 6. That on December 16, 1999, Charlie Thompson and John Larkin, Inspectors for the City of Columbia Heights, reinspeered the rental property and found that six violations remained uncorrected. A statement of cause listing the causes and reason for the proposed license revocation along with a compliance order listing the remaining violations was mailed by certified mail to the owner at the address listed in the rental housing license application. 7. That on January 5, 2000, the owner of the property in question contacted the inspection office staff in person stating that his maintenance person had taken his money and not done the work. The owner was directed by office staff to be present at the final inspection scheduled for January 6, 2000 so that inspectors could reinspect smoke detectors that were disarmed. The owner was also advised that it would be possible to apply for a two week extension of time on the other four items. The public heating for the revocation/suspension of the rental housing license scheduled for January 10, 2000 was closed. 8. That on January 6, 2000, Matt Field and John Larkin, Inspectors for the City of Columbia Heights, attempted to reinspect the rental property and ascertain if the smoke detectors were repaired. The tenants were not home and the owner of the rental property was not present or home. A reinspection fee was assessed. 9. That on February 8, 2000, Charlie Thompson and John Larkin, Inspectors for the City of Columbia Heights, attempted to reinspect the rental property. The tenants told the inspectors that they did not know the reinspection was scheduled for this date. The owner was not present. Inspectors noted that the violations on the exterior of the property remained uncorrected. Minutes for Regular City Council Meeting February 14, 2000 Page 6 10. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: FAILURE TO CORRECT VIOLATION OF THE HOUSING MAINTENANCE CODE FMLURE TO SUBMIT REINSPECTION FEES IN THE AMOUNT OF $250.00 11. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4610-4612 Fillmore Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this heating, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable fights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F3997 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants will remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this 14th day of February, 2000. Offered by: Hunter Seconded by: Szurek Roll Call: All ayes Gary L. Peterson, Mayor Patty Muscovitz, Deputy City Clerk Mayor Peterson closed the public hearing Motion by Hunter, second by Szurek, to waive the reading of Resolution No. 2000-14, there being ample copies available to the public. All ayes. Motion carried. Motion by Hunter, second by Szurek, to adopt Resolution No. 2000-14, a Resolution Approving Revocation Pursuant to Ordinance Code Section 5A.408(01) of the Rental License held by Mohsen Dessouki regarding rental property at 4610 Fillmore Street. All ayes. Motion carried. Minutes for Regular City Council Meeting FebmaW 14, 2000 Page 7 : 3. Public Hearing for Revocation/Suspension of Rental Housing License at 4022 Madison Street Alexon stated last week the property owner asked for an extension. He agreed the exterior scraping and painting are difficult to do this time of year, and there is a loose railing. Based on the season and the owners intent to fix the loose railing, Alexon recommended tabling this hearing to June 12, 2000. Mayor Peterson closed the public hearing. Motion by Wyckoff, second by Szurek to table the matter of Rental License Revocation or Suspension of the Rental License held by Loretta Robertson regarding property at 4022 Madison Street to the June 12, 2000, City Council meeting, in that the Property Owner has requested additional time to correct deficiencies at the property. All ayes. Motion carried. 4. Public Heating for Revocation/Suspension of Rental Housing License at 4356 5th Street Alexon stated the initial inspection occurred in August of '99, resulting in three exterior violations. Reinspects were: one in October, two in December and again on January 19, 2000. One of the three violations had been corrected. There was no request from the owner for an extension. RESOLUTION 2000-13 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY GINGER DUCKWORTH (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4356 5TM STREET COLUMBIA HEIGHTS, MINNESOTA, AND Vv~I-IEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104( 1 )(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JANUARY 10, 2000 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 14, 2000. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on August 25, 1999, Gary Gorman and Rich Hinrichs, Inspectors for the City of Columbia Heights, inspected the rental property located at 4356 5th Street. This inspection was based on a complaint received. Inspectors found three violations and mailed by regular mail a compliance order detailing the violations to the owner of the property at the address listed on the rental housing license application. 2. That on October 21, 1999, Gary Gorman and Rich Himichs, Inspectors for the City of Columbia Heights, reinspected the rental property located at 4356 5th Street. Inspectors found that the three violations remained uncorrected and mailed by regular mail a compliance order to the owner of the property at the address listed on the rental housing license application. 3. That on December 14, 1999, Gary Gorman and Rich Hinrichs, Inspector for the City of Minutes for Regular City Council Meeting February 14, 2000 Page 8 Columbia Heights, reinspected the rental property and noted that three violations remained uncorrected. A compliance order was mailed by regular mail to the owner of the property at the address listed on the rental housing license application. 4. That on December 29, 1999, Gary Gorman and Rich Hinrichs, Inspector for the City of Columbia Heights, reinspected the rental property and noted that two of the violations remained uncorrected. A compliance order was mailed by certified mail to the owner of the property at the address listed on the rental housing license application. That on January 19, 2000, Gary Gorman and Rich Hinrichs, inspectors for the City of Columbia Heights, reinspected the rental property and noted that two violations remained uncorrected. 5. That based upon said records of the Enfomement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: FAILURE TO CORRECT VIOLATION OF THE HOUSING MAINTENANCE CODE FAILURE TO SUBMIT REINSPECTION FEES IN THE AMOUNT OF $200.00 11. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4356 5th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F3433 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants will remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this 14th day of February, 2000. Offered by: Szurek Seconded by: Hunter Roll Call: All ayes Minutes for Regular Cii-j Council Meeting February 14, 2000 Page 9 Gary L. Peterson, Mayor Patty Muscovitz, Deputy City Clerk Mayor Peterson closed the public hearing. Motion by Szurek, second by Hunter, to waive the reading of Resolution No. 2000-13, there being ample copies available to the public. All ayes. Motion carried. Motion by Szurek, second by Hunter, to adopt Resolution No. 2000-13, a Resolution Approving Revocation Pursuant to Ordinance Code Section 5A.408(01) of the Rental License held by Ginger Duckworth regarding rental property at 4356 5th Street. All ayes. Motion carried. B. Second Reading of Ordinance No. 1395. Bein~ an Ordinance Amendin~ Chapter 5A of City Code of 1977. Alexon indicated this Ordinance involves six changes in the original ordinance, which are considered in the best interest of the City and of Rental Property Owners. Harold Hoium, 4321 5th Street NE, asked that the attorney read the proposed ordinance. Peterson stated ample copies are available. Karsten McCarthy, 4213 5th Street NE, asked the definition of ample copies. ORDINANCE NO. 1395 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1997, 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 Article I Section 1: 5A. 101(1) (a) (b) (C) HOUSING MAINTENANCE CODE General Provisions Statement of Purpose The purpose of the Housing Maintenance Code (hercinaftcr 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 arc likely to adversely affect the life, safety, general welfare, and health; To provide mirdmum standards for heating, for sanitary equipment and for light and ventilation Minutes for Regular City Council Meeting February 14, 2000 Page 10 necessary to protect the health and safety of occupants of building; (d) To prevent the overcrowding of dwellings; (e) To provide minimum standards for the maintenance of existing residential buildings and to thus prevent sub standard housing and blight; (f) To preserve the value of land and buildings throughout the city. 5A. 101(2) 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 exemise such legal sanctions as are available to them without the intervention of City govemment. In enacting this Code, the Council does not intend to interfere or permit interference with legal rights to personal privacy. Section 2: Applicability 5A. 102(1) This Code establishes minimum standards for maintaining dwellings, accessory structures and premises. This Code is intended to provide standards for housing. Applicable requirements shall apply to all apartment units, homes, accessory structures, rooming houses, lodging and/or boarding houses and house trailers used or intended for use for human habitation. Section 3: Definitions 5A. 103(1) The following definitions shall apply in the interpretation and enfomement of this Code, to wit; (a) Accessory Structure. A structure subordinate to the main or principal dwelling or dwellings which is not authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. (b) Apartment Unit. Apartment, apartment unit, or dwelling unit means a room or group of rooms located within a building which form a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking or eating. (C) Approved. An indication that an item meets construction, installation, and maintenance standards of the State of Minnesota and of this Code. (d) Basement. Any floor level below the first story in a building, except that floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. (e) Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, and, when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. Minutes for Regular City Council Meeting February 14, 2000 Page 11 (f) Building official. Agent designated by the City Manager to enfome provisions of the Housing Maintenance Code. (g) Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter. (h) Dwelling. A structure or portion thereof designed exclusively for residential occupancy, including boarding and lodging houses, but not including hotels and motels. (i) Dwelling Unit. Dwelling unit has the same meaning as apartment unit (within this Code). 6) Exit. A continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit courts and yards. (k) Family. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household and using common cooking and kitchen facilities. (1) Functioning. In such physical condition as to safely perform the service or services for which an item is designed or intended. (m) Garbage. Garbage is defined in 5.605(2)(a). (n) Habitable. A dwelling unit or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. (O) Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at faucet outlet. (p) (q) (r) {S) (t) 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. 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 right to determine who occupies a rental structure (even though that fight 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. Minutes for Regular City Council Meeting February 14, 2000 Page 12 (u) Person. Any individual, firm, partnership, association, corporation, company or a joint venture or organization of any kind. (v) Premises. A platted lot or part thereof or unplatted parcel of land, and adjacent 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. (y) Repair. Repair shall mean to restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last as long as with the replacement by new items. (z) Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat. (all) Replace or Replacement. To remove an existing or portion of a system and to construct or install a new item or a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical. (bb) Rooming Houses. Any group of rooms which form single habitable units used or intended to be used for living and sleeping, but not for cooking or eating purposes. (cc) Rubbish. Rubbish is defined in 55.605(2) (b) of this City Code. (dd) 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 pement 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. (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," "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: 5A.201(1) Basic Equipment and Facilities No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or Minutes for Regular City Council Meeting February 14. 2000 Page 13 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. (b) Kitchen Storage. Each dwelling unit must contain a counter or table for food preparation and must contain cabinets and/or shelves for storage or eating, drinking and cooking equipment and utensils and of food that does not require refrigeration for safekeeping. All cabinets, shelves, counter tops, and tables shall be of sound construction covered with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. (C) Food Storage and Preparation. Each dwelling unit must contain an operational and functioning stove for cooking food and a refrigerator for the safe storage of food which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove or refrigerator need not be installed when a dwelling unit is not occupied and when the occupant is required to provide a stove or refrigerator on occupancy. If the occupant is required to fitmish a stove or refrigerator, sufficient space and adequate functioning connections for the installation and operation of the stove and refrigerator must exist. (d) Toilet Facilities. Every dwelling unit shall contain a nonhabitable room which is equipped with a flush water closet in compliance with §6.201(1). Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be properly functioning, and shall be connected to the City sewer system. (e) Lavatory Sink. Every dwelling unit shall contain a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working and functioning condition, shall be properly connected to an approved water system, shall provide at all times an adequate amount of heated and unheated rtmning water under pressure, and shall be connected to the City sewer system. (t) 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 trader pressure, and shall be connected to the City sewer system. (g) Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every flight of stairs which is four risers or more high shall have handrails which conform to the standards set forth in§6.201(1). Every porch, balcony or deck which is more than thirty (30) inches high shall have a guardrail located at least thirty-six (36) inches above the floor of the porch or balcony. Every handrail and guardrail shall be firmly fastened and Minutes for Regular Cily Council Meeting February 14, 2000 Page 14 maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load or one hundred (100) pounds per square foot of horizontal projection. (h) Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. (i) 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: 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. 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. (j) 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: Door and Window Locks 5A.202(1) (a) (b) 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 intereom, 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; Minutes for Regular City Council Meeting February 14. 2000 Page 15 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 flee of holes and/or punctures. Section 3: Light, Ventilation, and Electric SA.203(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking, or eating therein which does not comply with the following requirements, to wit: (a) Habitable Room Ventilation. Every habitable room shall have at least one window facing directly outdoors which can be easily opened unless the room contains, in lieu thereof, another device affording ventilation which has been approved by the Building Official. The minimum total of openable window area in every habitable room shall be the greater of four percent (4%) of the floor area of the room or four (4) square feet. (b) Sleeping Room Egress. Sleeping rooms in buildings existing prior to this code must have window or door openings for egress of no less than four (4) square feet or the minimum size required by the Building Code in effect when the dwelling was constructed. Space that is added on or converted to sleeping rooms must meet the applicable codes at the time of conversion for habitable rooms and provide a means of egress with openable area of no less than 5.7 square feet. (C) Nonhabitable Room Ventilation. Every bathroom, water closet compartment, laundry room, utility room, or other nonhabitable room shall contain a minimum total 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: 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 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. 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, Minutes for Regular City Council Meeting February 14, 2000 Page 16 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. Section 4: Minimum Thermal Standards 5A.204(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein unless such dwelling or dwelling unit shall have heating facilities which are properly installed and maintained in safe and functioning condition, which are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least seventy (70) degrees Fahrenheit at a distance of three (3) feet above floor level and at three (3) feet from exterior walls, and which shall comply with the following requirements, to-wit: (a) 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. (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: 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 element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain or roof drainage and shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be covered by paint or other protective covering or treatment which protects the exterior surfaces from elements and decay in a functioning manner. 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. (b) 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 Minutes ibr Regular City Council Meeting February 14, 2000 Page 17 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 protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be flee 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. (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. 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. (t) 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 oaf e to use and capable of supporting normal structural loads. (h) 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: 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. In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. 5A.206(2) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling unit for occupancy by more than one family, other than for temporary guests. Section 7: Screening and Landscaping Minutes for Regular City Council Meeting February 14., 2000 Page 1 g 5A.207(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the requirements of this §5A.207 (a) Definitions. For the purposes of this Section, the following terms shall have the meanings stated: 1) Fence. Any partition, structure, wall, or gate erected as a divided marker, barrier, or enclosure, and located along the boundary or within the required yard. 2) Landscape. Site amenities, including trees, shrubs, grotmd covers, flowers, fencing, berms, retaining walls, and other outdoor finishings. 3) Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top beside, or adjacent to a building. 4) Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a plating area. 5) Screening. A barrier which blocks all views from public roads and differing land uses to off- street parking areas, loading areas, service and utility areas, and mechanical equipment. (b) Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. 1) Sodding and Ground Cover. All exposed ground area surrounding he principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape materials. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or 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. Minutes for Regular City Council Meeting February 14, 2000 Page 19 (C) General Screening. All loading, service utility, mechanical equipment, and outdoor storage areas, including dumpsters and refuse containers for dwellings of three (3) or more units shall be screened from all public roads and adjacent residential uses of property. All parking lots for dwellings of three (3) or more units if the property on which the lot is located abuts a differing land use and is not separated from the differing land use by a public street, roadway or alley shall be screened from adjacent differing land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five (75) percent capacity year-round. (d) Other Parking Lot Screening. All parking lots for dwellings of three (3) or morn 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 1V of the Columbia Heights City Code, which is incorporated herein by reference. (f) Outside storage of articles, equipment, construction materials, items not designed for exterior use, and miscellaneous items, including but not limited to, lawn mowers and other lawn maintenance equipment shall not be allowed. A weather tight, rodent-proof storage building or shed must be constructed for storage of items not storable within the building. (g) Variances under §5A.207 shall be enforced and administered in accordance with §5A.208(2). Section 8: Exterior Parking, Pedestrian Walkways and Lighting 5A.208(1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: (a) Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any building or structure in existence upon the effective date of this Ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1998. (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (C) (d) 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. Minutes for Regular City Council Meeting FebmaW 14, 2000 Page 20 (e) An unobstructed path must be provided between parking areas and the dwelling unit. Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways. Between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) (i) 5A.208 (2) Section 9: 5A.209 (1) (a) (b) (C) 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 exi sting dwelling unit shall be provided with smoke detectors conforming to U.B.C. Standard No. 43-6. Detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detectors shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. In new construction of any dwelling unit and in common hallways and other common areas of existing units, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commemial 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 smoke detection device shall be guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine of not more than two hundred ($200.00) dollars. Section 10: Discontinuance of Service or Facilities Minutes for Regular City Council Meeting February 14, 2000 Page 21 5A.210(1) No owner, operator or occupant shall cause any service, facility equipment or utility which is required under this Ordinance to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit except for temporary interruptions as may be necessary while actual repairs or alterations are made or during temporary emergencies. Section 11: Public Health and Safety 5A.211(1) Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. 5A.211 (2) Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. 5A.211 (3) Prevention of Food for Rodents. No owner or occupant of a dwelling or dwelling unit shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. 5A.211(4) 5A.211(5) 5A.211(6) 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. 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 Section 1: 5A.301(1) Inspection and Enforcement Enforcement and Inspection Authority 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. Minutes for Regular City Council Meeting February 14, 2000 Page 22 Section 2: Inspection Access 5A.302 (1) I fan owner, occupant or other person in charge of a dwelling, dwelling unit or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises, or any part thereof, for an inspection authorized by this Ordinance, the Enforcement Official may, upon a showing that probable cause exists for the inspection or for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit or multiple dwelling, petition and obtain an order to inspect and/or search warrant from court of competent jurisdiction. Section 3: Inspections 5A.303(1) Each dwelling or multiple dwelling which is the subject of a rental license shall be inspected at least once annually, subject to section 5A.303(2). 5A.303 (2) Inspections on individual dwelling units shall be required for tenant occupancy changes under the following conditions; (a) During each of the past two years that the owner or landlord has applied for license renewal, they have failed to correct Housing Maintenance Code violations on a timely basis, as evidenced by two written Compliance Orders by the Inspection Department or Enforcement Officer of the City of Columbia Heights; or (b) During the past year, two or more tenant complaints on single family/duplex/triplex have been received or four or more tenant complaints on a four-plex or other multiple dwelling have been received and substantiated (Housing Maintenance Code violations were issued based on the complaints). Multiple complaints arising out of the same maintenance problem, which occur within a period of one week, shall be considered to be one complaint for the purposes of this Section. If any one of the above set forth conditions occur, the City Inspections Department will notify the landlord, in writing, that the landlord will be hence forth required to have the building inspected upon each tenant occupancy change. It will also be the responsibility of the landlord to provide a list of current occupants and a 72 hour notification of a new tenant move-in. The tenant occupancy change inspections shall occur for a period of one year from the date of notification by the City Inspections department, however, that time shall be extended if any of the above set forth conditions continue to exist. Section 4: Compliance Order 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; Minutes for Regular City Council Meeting February 14, 2000 Page 23 (C) Establish a reasonable time not greater than 6 months for the correction of such violation and advise the person to whom the notice is directed of the right to appeal; and (d) Be served upon the owner of his/her agent or the occupant, as the case may require. Such notice shall be deemed to be prope~y served upon such owner or agent, or upon such occupant, if a copy thereof is: 1) Served upon him/her personally, 2) Sent by certified mail return receipt requested to his/her last known address, or, 3) Upon failure to effect notice through (i) and (ii) as set out in this section, posted at a conspicuous place in or about the dwelling which is affected by the notice. 5A.304(2) Upon correction of all Housing Maintenance Code violations as set forth in the Compliance Order, the City Inspections Department shall, upon request of the owner or landlord, issue a written statement that all violations have been corrected in accordance with the Columbia Heights Housing Maintenance Code. Section 5: Posting to Prevent Occupancy 5A.305(1) The Enforcement Official may post any building or structure covered by this ordinance an being in direct violation of the ordnance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent danger to the health or safety of the occupants. No person, other than the Enforcement Official or his representative, shall remove or tamper with any placard used for posting. No person shall reside in, occupy or cause to be occupied any building, structure or dwelling which has been posted to prevent occupancy. Section 6: Right of Appeal 5A.306(1) When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordnance or upon a misstatement or mistake of fact, such person may appeal as set forth in §6.202(1). Section 7: Board of Appeals 5A.307(1) Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. All heating 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 Minutes for Regular City Council Meeting February 14, 2000 Page 24 Section 1: License Required 5A.401(1) No person, firm or corporation shall operate a rental dwelling in the City without having first obtained a license as hereinafter provided from the Building Official. Each such license shall register annually with the City. If the license in denied, no occupancy of dwelling units then vacant or which become vacant is permitted until a license has been issued. Apartment units within an unlicensed apartment building for which a license application has been made and which units are in compliance with this Chapter 5A and with §6.202(1) may be occupied provided that the unlicensed units within the apartment building do not create a hazard to the health and safety of persons in occupied units. Section 2: License Procedures SA.402(1) (a) (b) 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) 4) 5) The legal description and address of the rental dwelling. 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 units. 6) 7) 8) 9) A description of the type of construction of the exterior of the building. The number of paved off-street parking spaces available. Name and address of person to whom owner/applicant wishes a certified letter to be sent for purposes of §5A.303 (1)(d). 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. Minutes for Regular City Council Meeting February 14, 2000 Page 25 lo) Such other information as the administrative service shall require. Said information may include, but is not limited to tenant lists which include tenants name, u~lt, and identifying information (i.e. date of birth, social security number, driver's license number). (c) Failure to complete, in full, the required license application shall be grounds for denial of the license. Section 3: Application and Inspection 5A.403(1) Upon receipt of a properly executed application for a rental housing license, the City Manager shall cause an inspection to be made of the premises to insure that the structure is in compliance with the requirement of the Code. Section 4: Issuance of Rental Housing License 5A.404(1) If the rental dwelling is in compliance with the requirements of the Code, a license shall be issued to the present owner, occupant or agent shall state that the structure has been inspected and is in compliance with the requirements of the Code. The present owner or any agent designated by the present owner or occupant shall obtain a license. If the City finds that the 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. Ifa dwelling unit is not currently licensed, no license may be issued until all outstanding reinspection fees shall have been paid. If a dwelling unit is licensed, the license for such dwelling unit shall expire twenty (20) days after the licensee or his agent is notified of the outstanding reinspection fees, unless payment is made before the expiration of the twenty (20) day period. Section 5: License Display 5A.405(1) A license issued under this Chapter shall be conspicuously displayed on the rental premises wherever feasible. The licensee shall promptly produce the license upon demand or a prospective tenant or the Building Official or his/her authorized representative. Section 6: License Transfer 5A.406(1) The license is transferable upon application to the Building Official and payment of the license transfer fee by the prospective owner if the licensed premises is in compliance with the Code. The license shall terminate if renewal or application for transfer is not made within 30 days after transfer of ownership of the dwelling unit. The amount of the transfer shall be set by resolution of the Council. Section 7: License Renewal 5A.407(1) All rental licenses shall be effective for a period of one year. However, renewal of licenses, as required annually by this Code, may be made by: (a) Completing the renewal form furnished to the owner, operator, or agent of the rental dwelling, by Minutes for Regular City Council Meeting February 14, 2000 Page 26 the City Inspection Department, and (b) Attendance by the landlord or property manager at three or more hours of continuing education relevant to the operation or management of rental property during the last year. The City Council shall set by resolution, the types of continuing education meeting this requirement; and (e) Mailing the renewal form together with proof of completion of three hours of training and the required registration fee to the City Inspection Department, and (d) Successful completion of the annual Housing Maintenance Code inspection as required by Section 5A.303 (1) of this Ordinance. Such renewal shall only be effective upon successful completion of all the above set forth requirements. Further, said renewal or registration may be made only when no change in ownership, operation, agency or type of occupancy of the rental dwelling has occurred in the last licensing year. Section 8: Suspension or Revocation 5A.408(1) A license issued or renewed under this section may be revoked or suspended upon a finding of noncompliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. 5A.408(2) The Council may, for cause, revoke or suspend a license, or take other action restricting the privileges of a license subject to the following requirements: (a) The City, through its Enforcement Officer, provide the licensee with a written statement or reasons or causes for the proposed Council action together with a notice for public heating. (b) The council shall conduct a public hearing on the proposed action and provide findings of fact and citations to any ordinances or regulations that have been violated, together with a statement o faction taken and the conditions of any resulting revocation, suspension, or other action restricting the privileges of the licensee. (C) The Enforcement Officer shall forward the findings and statement of action taken to the person in whose name said license was issued by mailing the same to the mailing address indicated on the license application. 5A.408(3) A violation of any provision of this chapter or of state law, prescribing standards of conduct or regulations governing a licensee; the particular type of business or commercial activity or trade or occupation that is licensed; or the premises where the licensed activity is conducted; shall be a prima facie showing of cause for revocation, suspension, or other action restricting the privileges of a licensee as the council may determine. 5A.408(4) Nondisclosure, misrepresentation or misstatement of a material fact in any application for a license under this chapter shall be a prima facie showing of cause for revocation, suspension, or other such action restricting the privileges of a licensee as the Council may determine. Minutes for Regular City Council Meeting February 14, 2000 Page 27 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; (d) MN Stat.§ 1 52.01 through 152.025, and § 1 52.027, subds. I and 2, which prohibit the tinlawful 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 Star. §609.72, which prohibits disorde~y 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. SA.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 Minutes for Regular City Council Meeting FebmaW 14, 2000 Page 28 the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Police Chief(Department) within 5 days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three (3) months. If the licensee fails to comply with the requirements of this subsection, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief(Department) in the manner describe( in Sections 5A.408 ( 1 ) through 5A.408 (4). 5A.410(5) If another instance of disorderly use of the licensed premises occurs within three (3) months aRer 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). 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 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. Minutesfor Regular City CouncilMeeting February 14,2000 Page 29 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 5A.503, inclusive, are in addition to the remedies or penalties prescribed under §5A.601 to 5A.611, inclusive. 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 5A, 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 No person, firm, corporation or licensee shall refuse or fail to allow the Building Official to enter a dwelling or unit for the purposes of inspection when authorized by this Chapter. 5A.604 No person, firm, corporation or licensee shall fail or refuse to obey a Compliance Order validly issued under this Code. 5A.605 No person, firm or corporation shall give or submit false information on a license application or any renewal thereof. 5A.606 No person who is an occupant of a rental dwelling or rental dwelling unit shall cause a rental dwelling, rental dwelling unit or the premises on which a rental dwelling unit is located to become in violation of any of the maintenance standards set forth in Chapter 5A, Article II (§5A.201, et. seq.), normal wear and tear excepted. 5A.607 No person shall occupy an unlicensed dwelling or dwelling unit if such dwelling unit is required to be licensed under this Chapter. Minutes for Regular City Council Meeting February 14, 2000 Page 30 5A.608 No occupant of any rental dwelling or rental unit shall fail to allow or refuse entry to the Building Official, for purposes of inspection when authorized by this Code. 5A.609 No person may occupy a dwelling or property posted pursuant to §5A.304. 5A.610 No person, firm or corporation, including an owner, licensee or occupant, shall remove or tamper with a placard used for posting property pursuant to this Chapter. 5A.611 Any person, firm or corporation who violates or refused to comply with any of the provisions of this Chapter is guilty of a misdemeanor, unless herein specifically noted. Upon conviction of said misdemeanor they shall be subject to a fine of not more than seven hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Each day that a violation exists shall constitute a separate offense. Shall hereafter read as follows, to wit: Chapter 5A RESIDENTIAL MAINTENANCE CODE Article I General Provisions Section 1: 5A.101(1) (a) (b) (C) (d) (e) (0 5A. 101(2) Statement of Purpose The purpose of the Residential Maintenance Code (hereina~er 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 Minutes for Regular City Council Meeting February 14, 2000 Page 31 enacting this Code, the Council does not intend to interfere or permit interference with legal rights to personal privacy. Section 2: Applicability 5A. 102(1) This Code establishes minimum standards for maintaining dwellings, accessory structures and premises. This Code is intended to provide standards for housing. Applicable requirements shall apply to all apartment units, homes, accessory structures, rooming houses, lodging and/or boarding houses and house trailers used or intended for use for human habitation. Section 3: Definitions 5A. 103(1) (a) Co) (C) (d) (e) (0 (g) (h) (i) (j) 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 trait 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). 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. Minutes li~r Regular City Council Meeting February 14, 2000 Page 32 (k) 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 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, Intemational Conference of Building Officials. (p) Housing Enforcement Officer. Agent designated by the City Manager to enforce provisions ofthe Residential Maintenance Code. (q) 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 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 fight may be subject to a lease or rental agreement), or a person, firm, corporation who shall have the power to rent or let premises to another for purposes of this Code. (U) Person. Any individual, firm, partnership, association, corporation, company or a joint venture or organization of any kind. (V) Premises. A platted lot or part thereof or unplatted parcel of land, and adjacent fight-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. 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. Minutes for Regular City Council Meeting February 14, 2000 Page 33 (y) Repair. Repair shall mean to restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last as long as with the replacement by new items. (z) Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat. (aa) Replace or Replacement. To remove an existing or portion of a system and to construct or install a new item or a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical. (bb) Rooming Houses. Any group of rooms which form single habitable units used or intended to be used for living and sleeping, but not for cooking or eating purposes. (co) Rubbish. Rubbish is defined in 55.605(2) (b) of this City Code. (dd) Safe. The condition of being flee 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. (if) 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 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, 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. (b) 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 Minutes for Regular City Council Meeting Febmary 14, 2000 Page 34 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. (e) 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 fimctioning connections for the installation and operation of the stove and refrigerator must exist. (d) Toilet Facilities. Every dwelling unit shall contain a nonhabitable room which is equipped with a flush water closet in compliance with §6.201(1). Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be properly functioning, and shall be connected to the City sewer system. (e) Lavatory Sink. Every dwelling unit shall contain a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working and functioning condition, shall be properly connected to an approved water system, shall provide at all times an adequate amount of heated and tinheated nmning water under pressure, and shall be connected to the City sewer system. (t) Bathtub or Shower. Every dwelling unit shall contain a nonhabitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. A bathtub or shower shall be properly connected to an approved water supply system, shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to the City sewer system. (g) Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every flight of stairs which is four risers or more high shall have handrails which conform to the standards set forth in §6.201 ( 1 ). Every porch, balcony or deck which is more than thirty (30) inches high shall have a guardrail located at least thirty-six (36) inches above the floor of the porch or balcony. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load or one hundred (100) pounds per square foot of horizontal projection. (h) Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. Minutes tbr Regular CiB, Council Meeting February 14, 2000 Page 35 (i) 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: (D 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. (j) 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: Door and Window Locks 5A.202(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 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: (a) When access to a dwelling unit door is gained through a common corridor or entrance in a dwelling in which four (4) or more dwelling units share a common entrance or corridor, an approved system of controlled access shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from the hallways into individual dwelling units. Dead-latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of the building entrance doors. Building entrance door-latches shall be of the type that are permanently locked. An approved lock box with building entry key, boiler room key, laundry and common area keys, all marked individually accessible to the Fire Department must be provided for access to the building. The enumerated keys must be present in the lock box at all times. A communication system or device such as an intercom, telephone, audible bell or buzzer or other approved means of making contact with the tenants must be provided. (b) Every door that provides ingress or egress for a dwelling unit within a multiple family unit shall be equipped with an approved lock that has a dead locking bolt that cannot be retracted by end pressure; provided, however, that such doors shall be openable from the inside without the use of a key or any special knowledge or effort. (C) All ingress, egress and interior doors shall be kept flee 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 Minutes for Regular City Council Meeting February 14, 2000 Page 36 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 appmved by the Building Official. The minimum total of openable window area in every habitable room shall be the greater of four pement (4%) of the floor area of the room or four (4) square feet. (b) Sleeping Room Egress. Sleeping rooms in buildings existing prior to this code must have window or door openings for egress of no less than four (4) square feet or the minimum size required by the Building Code in effect when the dwelling was constructed. Space that is added on or converted to sleeping rooms must meet the applicable codes at the time of conversion for habitable rooms and provide a means of egress with openable area of no less than 5.7 square feet. (j) Nonhabitable Room Ventilation. Every bathroom, water closet compartment, laundry room, utility room, or other nonhabitable room shall contain a minimum total 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 morn units shall have at least the equivalent or sixty (60) ampere, three-wire electric service per dwelling trait. (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 tumed on when needed may be substituted for full-time lighting. Minutes for Regular City Council Meeting February 14, 2000 Page 37 Section 4: Minimum Thermal Standards 5A.204(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein unless such dwelling or dwelling unit shall have heating facilities which are properly installed and maintained in safe and functioning condition, which are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least seventy (70) degrees Fahrenheit at a distance of three (3) feet above floor level and at three (3) feet from exterior walls, and which shall comply with the following requirements, to-wit: (a) 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 mariner. (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 trait 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 protects 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. (b) Windows, Doors and Screens. Every window, exterior door and hatchway shall be tight and shall be kept in repair. Every window other than fixed window shall be capable of being easily opened and shall be equipped with screens between May 1 and September 30, inclusive, of each year. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin, rodents, and insects from entering the building. (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 Minutes lbr Regular City Council Meeting February 14, 2000 Page 38 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. (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. 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 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. (h) 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: For the first occupant, 150 square habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. (2) In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. 5A.206(2) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling unit for occupancy by more than one family, other than for temporary guests. Section 7: Screening and Landscaping 5A.207(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the requirements of this §5A.207 (a) Definitions. For the purposes of this Section, the following terms shall have the meanings stated: Minutes for Regular City Council Meeting February 14, 2000 Page 39 (1) Fence. Any partition, structure, wall, or gate erected as a divided marker, battier, or enclosure, and located along the boundary or within the required yard. (2) Landscape. Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor finishings. (3) Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top beside, or adjacent to a building. (4) Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a plating area. (5) Screening. A barrier which blocks all views from public roads and differing land uses to off- street parking areas, loading areas, service and utility areas, and mechanical equipment. (b) Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. (1) Sodding and Ground Cover. All exposed ground area surrounding he principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape materials. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or 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) Placemere 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, Minutes for Regular City Council Meeting February 14, 2000 Page 40 fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five (75) percent capacity year-round. (d) Other Parking Lot Screening. All parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to §5A.207( 1 )(c) must either provide screening pursuant to §5A.207 (1) (c) or provide a minimum on one deciduous tree for every forty-five (45) feet or portion thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is located. (e) Fences. All fences and screening devices shall be built and regulated in accordance with Chapter 6, Article IV of the Columbia Heights City Code, which is incorporated herein by reference. (t) 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 less units. Minutes fi3r Regular City Council Meeting February 14, 2000 Page 41 (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1998. (i) Commercial Vehicles and Junk Cars. Commemial 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 enfomed and administered in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to a variance. Section 9: Fire Safety 5A.209(1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit; (a) Every existing dwelling unit shall be provided with smoke detectors conforming to U.B .C. 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 stai~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. Co) In new construction of any dwelling unit and in common hallways and other corm non 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, firm, or corporation shall tamper with any smoke detection device. Any person, firm, or corporation proven to have tampered with any smoke detection device shall be guilty of a misdemeanor pursuant to §5A.611. (d) Combustible material shall not be stored in boiler rooms, mechanical rooms or electrical equipment rooms. Section 10: 5A.210(1) Discontinuation 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. Minutes for Regular City Council Meeting February 14, 2000 Page 42 Section 11: Public Health and Safety 5A.211(1) Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. 5A.211(2) Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. 5A.211(3) Prevention of Food for Rodents. No owner or occupant of a dwelling or dwelling unit shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. 5A.2 11 (4) Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. 5A.211 (5) Responsibility for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent-proof or reasonable vermin-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. If the problem persists proof of professional extermination shall be supplied to the inspections officer upon request. 5A.211(6) Garbage, Rubbish, and Recyclable Materials. Garbage, rubbish and recyclable materials shall be regulated in accordance with Chapter 8, Article III of the Columbia Heights City Code, which is incorporated herein by reference. ARTICLE III Inspection and Enforcement Section 1: Enforcement and Inspection Authority 5A.301(1) The City Manager and his/her designated agents shall be the Housing Enforcement Officer who shall administer and enforce the provisions of the Ordinance. Inspections shall be conducted during reasonable hours, and, upon request the Housing Enforcement Officer shall present evidence of his/her official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected. Section 2: Inspection Access Minutes tbr Regular City Council Meeting February 14, 2000 Page 43 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). SA.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 Enfomement Officer of the City of Columbia Heights; or (b) During the past year, two or more tenant complaints on single family/duplex/triplex have been received or four or more tenant complaints on a four-plex or other multiple dwelling have been received and substantiated (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 Enfomement 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: 5A.304(1) (a) (b) (c) Compliance Order Whenever the Housing Enfomement Officer determines that any dwelling, dwelling unit or the premises surrounding any of these fails to meet the provisions of this Ordinance, he/she may issue a Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant, operator, or agent to correct such violations. The Compliance Order shall: Be in writing; Describe the location and nature of the violations of this Code; Establish a reasonable time not greater than 6 months for the correction of such violation and advise the person to whom the notice is directed of the right to appeal; and Minutes for Regular City Council Meeting February 14, 2000 Page 44 (d) (e) 5A.304(2) Section 5: 5A.305(1) Section 6: 5A.306(1) Section 7: 5A.307(1) 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, ifa 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. 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. Posting to Prevent Occupancy 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. Right of Appeal 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). Board of Apeals Upon at least five (5) business days notice to the appellant of the time and place for heating the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under 5A.303(1). All appeals shall be conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition, Intemational Conference of Building Officials. Article IV Licensing Minutes for Regular City Council Meeting February 14, 2000 Page 45 Section 1: Lieense Required 5A.401(1) No person, firm or corporation shall operate a rental dwelling in the City without having first obtained a license as hereinafter provided from the Housing Enforcement Officer. Each such license shall register annually with the City. If the license in denied, no occupancy of dwelling units then vacant or which become vacant is permitted until a license has been issued. Apartment units within an unlicensed apartment building for which a license application has been made and which units are in compliance with this Chapter 5A and with §6.202(1) may be occupied provided that the unlicensed nnits 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) (a) Co) Within 180 days after the passage of Chapter 5A, the owner of any rental unit within the City shall apply to the Housing Enforcement Officer for a rental housing license in the manner hereafter prescribed. Application shall be made on forms provided by the City and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of an apartment building or rental home constructed after the date of passage of this Ordinance shall obtain a license prior to actual occupancy of any rental unit therein. Applicants shall provide the following information on license applications: 1) Name and address of owner of the rental dwelling and the name and address of the operator or agent actively managing said rental dwelling. 2) The name and address of the vendee if the rental dwelling is being sold on a contract for deed. 3) 4) 5) 6) 7) 8) The address of the rental dwelling. 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 paved off-street parking spaces available. Name and address of person to whom owner/applicant wishes a certified letter to be sent for purposes of §5A.303 (1)(d). 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. 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). Minutes for Regular Ci~ Council Meeting February 14, 2000 Page 46 (c) Failure to complete, in full, the required license application shall be grotmds for denial of the license. Section 3: Application and Inspection 5A.403(1) When required in accordance with the city's "Rental Inspection Policy" the Housing Enfomement Officer shall cause an inspection to be made of the premises to insure that the structure is in compliance with the requirement of the Code prior to issuance of a Rental Housing License. Section 4 Issuance of Rental Housing License 5A.404(1) If the rental dwelling is in compliance with the requirements of the Code, a license shall be issued to the present owner, occupant or agent shall state that the structure has been inspected and is in compliance with the requirements of the Code. The present owner or any agent designated by the present owner or occupant shall obtain a license. If the City finds that the circumstances of occupancy following the issuance of the license involve possible Code violations, substandard maintenance or abnormal wear and tear, the City may again inspect the premises during the licensing period. 5A.404(2) The City may by Council resolution establish a reinspection fee. If a dwelling unit is not currently licensed, no license may be issued until all outstanding reinspection fees shall have been paid. If a dwelling unit is licensed, the license for such dwelling unit shall expire twenty (20) days after the licensee or his agent is notified of the outstanding reinspection fees, unless payment is made before the expiration of the twenty (20) day 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 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) (a) (b) 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 Minutes for Regular City Council Meeting February 14, 2000 Page 47 (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 heating. (b) The council shall conduct a public heating on the proposed action and provide findings of fact and citations to any ordinances or regulations that have been violated, together with a statement of action taken and the conditions of any resulting revocation, suspension, or other action restricting the privileges of the licensee. (C) The Housing Enforcement Officer shall forward the findings and statement of action taken to the person in whose name said license was issued by mailing the same to the mailing address indicated on the license application. 5A.408(3) A violation of any provision of this chapter or of state law, prescribing standards of conduct or regulations governing a licensee; the particular type of business or commercial activity or trade or occupation that is licensed; or the premises where the licensed activity is conducted; shall be a prima facie showing of cause for revocation, suspension, or other action restricting the privileges of a licensee as the council may determine. 5A.408(4) Nondisclosure, misrepresentation or misstatement of a material fact in any application for a license under this chapter shall be a prima facie showing of cause for revocation, suspension, or other such action restricting the privileges of a licensee as the Council may determine. Section 9: License Fees 5A.409(1) Section 10: 5A.410 (1) 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 premises which is determined to be disorderly, in violation of any of the following statutes or ordinances: Minutes for Regular City Council Meeting February 14, 2000 Page 48 (a) (b) (d) (d) (e) (g) 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 controlled substances; MN Stat. §340A.401, which prohibits the unlawful sale of alcoholic beverages; 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) (i) (j) (k) 5A.410(2) 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 enfomement and administration of this section. 5A.410(3) 5A.410(4) 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 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). Minutes for Regular Cit-j Council Meeting February 14, 2000 Page 49 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 Coancil at the request of the Police Chief(Department) in the manner described in Sections 5A.408 (1) through 5A.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 of criminal charges operate as a bar to adverse license action under this section. Article V: Remedies Section 1: 5A.501(1) Section 2: 5A.502(1) 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: 5A.503(1) Failure 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 Minutes for Regular City Council Meeting February 14, 2000 Page 50 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 5A.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 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(2) 5A.505(3) 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. On or before August 1 of each year, the Clerk shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. The Clerk shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before September 1 of each year, for Council action pursuant to the provisions of this chapter. 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 5A, Article II (§5A.201, et. seq.), maintenance standard. 5A.602 5A.603 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. Minutes for Regular City Council Meeting February 14, 2000 Page 51 5A.604 No person, tinn, corporation or licensee shall fail or refuse to obey a Compliance Order validly issued under this Code. 5A.605 No person, firm or corporation shall give or submit false information on a license application or any renewal thereof. 5A.606 No person who is an occupant of a rental dwelling or rental dwelling unit shall cause a rental dwelling, rental dwelling unit or the premises on which a rental dwelling unit is located to become in violation of any of the maintenance standards set forth in Chapter 5A, Article II (§5A.201, et. seq.), normal wear and tear excepted. 5A.607 No person shall occupy an unlicensed dwelling or dwelling unit if such dwelling unit is required to be licensed under this Chapter. 5A.608 No occupant of any rental dwelling or rental unit shall fail to allow or refuse entry to the 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: January 24, 2000 February 14, 2000 February 14, 2000 Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk Motion by Wyckoff, second by Szurek, to waive the reading of Ordinance No. 1395, there being ample copies available for the public. All ayes. Motion carried. Motion by Wyckoff, second by Szurek, 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. All ayes. Motion carried. Minutes for Regular City Council Meeting February 14, 2000 Page 52 Alexon thanked the rental property owners who were instrumental in the passage of this ordinance by their participatiou. Peterson thanked the rental property owners and Alexon for their hard work. Jim Hoefi, City Attorney, indicated the next six items on the agenda address removing Councilmembers as voting members of the listed Boards and Commissions. Councilmembers would continue to serve as liaisons to their respective Board or Commission. Harold Hoium questioned why the Economic Development Authority was not included. Hoefi indicated these are City Code created commissions and the EDA is a statutory commission, as is the Charter Commission. Bruce Nawrocki, 1255 Polk Place, felt the EDA is not a statutory commission and that it should have been included. Nawrocki felt it was not a good idea to remove Councilmembers from Board and Commissions as there would be a loss of communication and requested Councilmembers remain on commissions. He suggested increasing membership numbers and continuing to have Councilmembers as voting members. Wyckoff read from the EDA By Laws which states there are to be seven members, with at least two - but no more than five Councilmembers. She offered to step down allowing any interested resident of Parkview Villa to apply. She would really like to see more residents on the commissions. Hunter stated he is now on the Library Board and if he is a voting member and on the Council, he would be voting twice. As a liaison, he will only bring information to council and only vote once. He will continue to attend meetings because it is his job, but also allow another resident to be on the Library Board. Peterson indicated the EDA can be discussed in the future, and it has been brought up that a resident (from Parkview Villa) should be on the EDA. If the liaisons positions do not work, this can be readdressed by council. He hopes to get more people working together in this community - not fighting each other. Second Reading of Ordinance No.1405, Being an Ordinance Amending Ordinance No. 853 City Code of 1977, Pertaining to the Park and Recreation Commission ORDINANCE NO. 1405 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE PARK AND RECREATION COMMISSION The City of Columbia Heights does ordain: Chapter 3, Article III, Section 1, Subsection 3.301(2), which currently reads as follows, to wit: 3.301 (2) The Park and Recreation Commission shall be composed of seven members from among the residents of the City. Five members shall serve a term of five years. Of the two other members, at least one shall be a City Council member and both shall serve at the will of the Council except that if one of the two is a non-council member, the term of that appointment shall be for two years. is hereby amended to read as follows: 3.301 (2) The Park and Recreation Commission shall be composed of seven members from among the residents of the City. Five members shall serve a term of five years. Two members shall serve a term of two years. Minutes for Regular City Council Meeting February 14. 2000 Page 53 This Ordinance shall First Reading: Second Reading: Date of Passage: be in full force and effect from and after thirty (30) days after its passage. January 24, 2000 February 14, 2000 February 14, 2000 Offered by: Hunter Seconded by: Wyckoff Roll Call: All ayes Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Motion by Hunter, second by Wyckoff, to waive the reading of Ordinance No. 1405, there being ample copies available for the public. All ayes. Motion carried. Motion to Hunter, second by Wyckoff, to adopt Ordinance No. 1405, being an ordinance pertaining to the Park and Recreation Commission. All ayes. Motion carried. Second Reading of Ordinance No. 1406. Bein~ an Ordinance Amendin~ Ordinance No. 853 City Code of 1977. Pertainin~ to the Haman Services Commission ORDINANCE NO. 1406 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE HUMAN SERVICES COMMISSION The City of Columbia Heights does ordain: Chapter 3, .Article III, Section 2, Subsection 3.302(3), which currently reads as follows, to wit: 3.302 (3) The Human Services Commission shall be composed of nine (9) members from among the residents of the City who are at least 18 years of age. One member shall be designated from the Council, who shall serve at the will of the Council. (a) Members of the Commission shall serve for a term of three years commencing and ending in the month of April. The terms are to be staggered so that each year no more than three (3) Commissioners are appointed to a full term. (b) The Commission shall be composed of the widest possible representation of the various peoples and institutions within the City and, if possible, no more than two members shall reside in any voting precinct. (C) The Council may terminate the appointment of any Commissioner by a majority vote without cause and without a hearing. is hereby amended to read as follows: 3.302 (3) The Human Services Commission shall be composed of nine (9) members from among the residents of the City who are at least 18 years of age. Minutes for Regular City Council Meeting February 14, 2000 Page 54 (a) Members of the Commission shall serve for a term of three years commencing and ending in the month of April. The terms are to be staggered so that each year no more than three (3) Comxnissioners are appointed to a full term. (b) The Commission shall be composed of the widest possible representation of the various peoples and institutions within the City and, if possible, no more than two members shall reside in any voting precinct. (C) The Council may terminate the appointment of any Commissioner by a majority vote without cause and without a hearing. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: January 24, 2000 Second Reading: February 14, 2000 Date of Passage: February 14, 2000 Offered by: Hunter Seconded by: Szurek Roll Call: All ayes Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Motion by Hunter, second by Szurek, to waive the reading of Ordinance No. 1406, there being ample copies available for the public. All ayes. Motion carried. Motion by Hunter, second by Szurek, to adopt Ordinance No. 1406, being an ordinance pertaining to the Human Services Commission. All ayes. Motion carried. D, Second Reading of Ordinance No. 1407, Being an Ordinance Amending Ordinance No. 853 City Code of 1977, Pertaining to the Planning and Zoning Commission ORDINANCE NO. 1407 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE PLANNING AND ZONING COMMISSION The City of Columbia Heights does ordain: Chapter 3, Article III, Section 6, Subsection 3.306(1), which currently reads as follows, to wit: 3.306 (1) A Planning and Zoning Commission is hereby established which shall consist of five members to be organized as follows: (e) Four members shall be appointed by the Council and may be removed by a four- fifths vote of the Council. One member shall be designated by the Council from among its membership, who shall serve at the will of the Council. The City Engineer, Zoning Administrator, Building Official and City Attorney shall serve as ex-officio members of the Commission. Minutes for Regular City Council Meeting February 14, 2000 Page 55 The four appointed members shall serve for a term of four years to be staggered so that the term of one member shall expire each year. The Council member shall serve for the term of his elective office. Every appointed member shall take an oath that he will faithfully discharge the duties of office. (g) The Commission shall elect a Chairman from among its membership. The Secretary need not be designated from the Commission membership. is hereby amended to read as follows: 3.306(1) A Planning and Zoning Commission is hereby established which shall consist of five members to be organized as follows: (h) The members shall be appointed by the Council and may be removed by a four- fifths vote of the Council. The City Engineer, Zoning Administrator, Building Official and City Attomey shall serve as ex-officio members of the Commission. (i) The appointed members shall serve for a term of four years to be staggered so that the term of one member shall expire each year. Every member shall take an oath that he/she will faithfully discharge the duties of office. 6) The Commission shall elect a Chairperson from among its membership. The Secretary need not be designated from the Commission membership. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: January 24, 2000 Second Reading: February 14, 2000 Date of Passage: February 14, 2000 Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Motion by Wyckoff, second by Szurek, to waive the reading of Ordinance No.1407, there being ample copies available for the public. All ayes. Motion carried. Motion by Wyckoff, second by Szurek, to adopt Ordinance No. 1407, being an ordinance pertaining to the Planning and Zoning Commission. All ayes. Motion carried. Second Reading of Ordinance No. 1408, Being an Ordinance Amendine Ordinance No. 853 City Code of 1977. Pertaining to the Traffic Commission ORDINANCE NO. 1408 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE Minutes for Regular City Council Meeting Februa~ 14, 2000 Page 56 TRAFFIC COMMISSION The City of Columbia Heights does ordain: Chapter 3, Article III, Section 8, Subsection 3.308(1), which currently reads as follows, to wit: 3.308 (1) A Traffic Commission is hereby established which shall consist of five members. Four members shall be appointed by the Council and may be removed by four-fifths vote of the Council. One member shall be designated by the Council from amongst its membership and shall serve at the will of the Council. The Public Works Director, or a person designated by the Public Works Director, and the Chief of Police, or a person designated by the Police Chief, shall serve as ex-officio members of the Commission. The four appointed members shall serve for a term of four years to be staggered so that the term of one member shall expire each year. The Commission shall elect a chairperson from among its membership. The Secretary need not be designated from the Commission membership. is hereby amended to read as follows: 3.308 (1) A Traffic Commission is hereby established which shall consist of five members. The members shall be appointed by the Council and may be removed by four-fifths vote of the Council. The Public Works Director, or a person designated by the Public Works Director, and the Chief of Police, or a person designated by the Police Chief, shall serve as ex-officio members of the Commission. The members shall serve for a term of four years to be staggered so that the term of one member shall expire each year. The Commission shall elect a chairperson from among its membership. The Secretary need not be designated from the Commission membership. 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: January 24, 2000 February 14, 2000 February 14, 2000 Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes Patricia Muscovitz, Deputy City Clerk Gary L. Peterson, Mayor Motion by Wyckoff, second by Szurek, to waive the reading of Ordinance No. 1408, there being ample copies available for the public. All ayes. Motion carried. Motion by Wyckoff, second by Szurek, to adopt Ordinance No. 1408, being an ordinance pertaining to the Traffic Commission. All ayes. Motion carried. Second Reading of Ordinance No. 1409. Being an Ordinance Amendin~ Ordinance No. 853 City Code of 1977. Pertaining to the Library Board ORDINANCE NO. 1409 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE LIBRARY BOARD Minutes for Regular City Council Meeting February 14, 2000 Page 57 The City of Columbia Heights does ordain: Chapter 3, Article III, Section 9, Subsection 3.309(1), which currently reads as follows, to wit: 3.309 (1) A Library Board is hereby established which shall be composed of five (5) members to be appointed by the Council. One Library Board member shall be a member of the City Council, whose term on the Library Board shall mn concurrently with their City Council term. The remaining four Board members shall serve three year terms. Members shall be residents of the City of Columbia Heights. is hereby amended to read as follows: 3.308 (1) A Library Board is hereby established which shall be composed of five (5) members to be appointed by the Council. The Board members shall serve three year terms. Members shall be residents of the City of Columbia Heights. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: January 24, 2000 Second Reading: February 14, 2000 Date of Passage: February 14, 2000 Offered by: Szurek Seconded by: Hunter Roll Call: All ayes Patricia Muscovitz, Deputy City Clerk Gary L. Peterson, Mayor Motion by Szurek, second by Hunter, to waive the reading of Ordinance No.1409, there being ample copies available for the public. All ayes. Motion carried. Motion by Szurek, second by Hunter, to adopt Ordinance No. 1409, being an ordinance pertaining to the Library Board. All ayes. Motion carried. Second Reading of Ordinance No. 1410, Being an Ordinance Amending Ordinance No. 853 City Code of 1977, Pertaining to the Telecommunications Commission ORDINANCE NO. 1410 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE TELECOMMUNICATIONS COMMISSION The City of Columbia Heights does ordain: Chapter 3, Article III, Section 15, Subsection 3.315(1 ), which currently reads as follows, to wit: 3.315(1) A Columbia Heights Telecommunications Commission is hereby established which shall consist of seven (7) members to be organized as follows: (a) (b) (c) Seven (7) members shall be appointed by the Columbia Heights City Council. The members appointed by the Columbia Heights City Council shall be residents of Columbia Heights and shall include one(1 ) Columbia Heights Councilperson. A majority of Commission members shall constitute a quorum. Each member of the Commission shall serve a term of two (2) years except that the Columbia Heights Councilperson shall serve at the pleasure of the Council. The Assistant to the City Manager, or a person designated by him/her shall be an ex-officio member of the Commission. (d) If a seat on the Commission becomes vacant before the term of said seat has expired, it shall be filled by appointment by the City Council. Minutes for Regular City Council Meeting February 14, 2000 Page 58 (e) The Commission shall elect a chairperson from among its membership. The Commission shall establish a monthly meeting date and conduct business of the Commission as prescribed hereinafter. A meeting agenda shall be sent to Commission members at least two days prior to the meeting date. is hereby amended to read as follows: 3.315(1) A Columbia Heights Telecommunications Commission is hereby established which shall consist of seven (7) members to be organized as follows: (a) (b) (c) Seven (7) members shall be appointed by the Columbia Heights City Council. The members appointed by the Columbia Heights City Council shall be residents of Columbia Heights. A majority of Commission members shall constitute a quorum. Each member of the Commission shall serve a term of two (2) years. The Assistant to the City Manager, or a person designated by him/her shall be an ex-officio member of the Commission. (d) (e) (f) Ifa seat on the Commission becomes vacant before the term of said seat has expired, it shall be filled by appointment by the City Council. The Commission shall elect a chairperson from among its membership. The Commission shall establish a monthly meeting date and conduct business of the Commission as prescribed hereinafter. A meeting agenda shall be sent to Commission members at least two days prior to the meeting date. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: January 24, 2000 Second Reading: February 14, 2000 Date of Passage: February 14, 2000 Offered by: Szurek Seconded by: Hunter Roll Call: All ayes Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Motion by Szurek, second by Hunter, to waive the reading of Ordinance No.1410, there being ample copies available for the public. All ayes. Motion carried. Motion by Szurek, second by Hunter, to adopt Ordinance No. 1410, being an ordinance pertaining to the Telecommunications Commission. All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution No. 2000-11, being a Resolution Establishing Fees for Housin~ Inspections as Authorized by Charter 5A of City Code of 1977. 2. Alexon indicated this amends the City Code of 1977 related to the Housing Maintenance Code. This resolution dictates fees charged to owners for rental license revocation. This is a compromise to the originally suggested fee structure. It proposes doubling fees charged after multiple inspections have been completed. Fees of~et costs in providing notice to owners and rental property residents of the revocation hearing process attd associated inspection fees. These changes were proposed by staff, with rental proper.tv owners input. This schedule allows owners who correct violations in the required time to not suffer these fees. Minutesfor Regular City CouncilMeeting February l4,2000 Page 59 RESOLUTION NO. 2000-11 BEING A RESOLUTION ESTABLISHING FEES FOR HOUSING INSPECTIONS AS AUTHORIZED BY CHAPTER 5A OF CITY CODE OF 1977 WBEREAS, Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS, the City has established business license fees for the year 2000 which include Rental Housing Licenses; and WHEREAS, the City has participated with Rental Property owners in an effort to modify the Housing Maintenance Code of the City; and WHEREAS, as a part of that modification, the City finds it desirable to amend licenses fees related to Rental Housing Licenses; THEREFORE, BE IT RESOLVED, that the attached proposed license fee schedule be adopted and effective March 15, 2000. Passed this 14th day of February, 2000. Offered by: Hunter Seconded by: Szurek Roll Call: All ayes Patricia Muscovitz, Deputy City Clerk Mayor GaryL. Peterson Motion by Hunter, second by Szurek, to waive the reading of Resolution No. 2000-11, there being ample copies available to the public. All ayes. Motion carried. Motion by Hunter, second by Szurek, to approve Resolution #2000-11, being a Resolution Establishing Fees for Housing Inspections as Authorized by Chapter 5A of City Code of 1977, as Amended. All ayes. Motion carried. Adopt Resolution No. 2000-12, bein~ a Resolution Imposin~ a 120 Day Moratorium on the Change in Use of Property within the Business and Industrial Districts in the City of Columbia Heights Anderson indicated the request for a moratorium on development is concern for overall land use in Columbia Heights. This would allow for the completion of the Comprehensive Plan update, the Master Redevelopment Plan for the downtown and the rewrite of the Columbia Heights Zoning Code. Any change in use or tenant new or redevelopment would not be allowed to go forward. Council could consider extending this to the retail hnd business districts. Anderson stated the Zoning Ordinance will pattern similar uses in similar zones and can be more restrictive in setbacks, parking standards and requirements, depending on the type of use. Hoefi indicated this is not directed to any specific type of business or industry, just allowing time for the City to complete an overall plan. Peterson felt it is not right to tell a business owner, with a vacancy, that they cannot fill the space because of a moratorium. He stated he could not voteyes for this; there is no guarantee ~he drafis will be completed in four months and it could become necessary to extend the moratorium. Hoefi stated this moratorium would not allow more businesses that may not fit with the Comprehensive Plan. Szurek stated concern arose from the desire to protect neighborhoods close by from businesses that might attract clientele that would concern neighborhoods. For her this is a reaction to phone calls for concern of the proliferation of thrift stores in city. Peterson was concerned that this would hold back businesses from leasing open space and restricting their income. Hoefi stated this is a legal means to prohibit development -for a short time. The City needs time to determine where different types of business should be located. Fehst is concerned about different business uses for the Minutesfor Regular City CouncilMeeting February l4,2000 Page 60 downtown. The MN Design Team discussed ideas to incorporate into the downtown plan. Recently, requests seem to go ill the opposite direction of the plan. He felt it is time to take a stand, even though uncomfortable, but allowing the City to be thorough in its planning. He felt we need to change the image of the city, and can not do it with the current Zoning Ordinance. Hunter questioned the research submitted by the building official and suggested taking this back to a work session for further research. Fehst stated there are no current applications. FFyckoff suggested removing industrial references. Fehst felt comfortable in eliminating industrial references, as the Design Team concentrated on comntercial areas. Anderson indicated the entire 120 days would be necessary to review and implement the Zoning Ordinance. Peterson would like this completed as soon as possible, and suggested a special Planning and Zoning meeting, if helpful. Fehst indicated the downtown redevelopment plan was done under our initiative. We are in line with other cities doing substantial rewrites on their Comprehensive Plans. RESOLUTION 2000-12 BEING A RESOLUTION OF THE COLUMBIA H s;IGHTS CITY COUNCIL IMPOSING A 120 DAY MORATORIUM ON THE CHANGE IN USE OF PROPERTY WITHIN THE BUSINESS DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS WHEREAS, on August 12, 1974, the City of Columbia Heights adopted Ordinance 818 which is an ordinance relating to and establishing a zoning plan and revised zoning map for the City of Columbia Heights; and, WHEREAS, Ordinance 818 and subsequent amendments is officially known as the Columbia Heights Zoning Code; and, WHEREAS, the Columbia Heights Zoning Code divides the City into four residential districts, four business districts, and two industrial districts; and, WHEREAS, the four business districts are further classified in the Columbia Heights Zoning Code as the LB Limited Business District, the CBD Central Business District, the RB Retail Business District, and the GB General Business District; and, WHEREAS, the City Council determines it is necessary to complete the Comprehensive Plan update, the Master Redevelopment Plan for Downtown Columbia Heights, and the rewrite of the Columbia Heights Zoning Code before permitting a change in use of any property located in the business districts within the City; and, WHEREAS, for the purpose of this resolution, change in use shall be interpreted to mean any occupant change from the time of adoption of this resolution which includes, but is not limited to, activities such as a change in tenant, redevelopment of property, or new development. NOW, THEREFORE BE IT RESOLVED THAT in an effort to protect the health, safety, and welfare of the public the Columbia Heights City Council hereby imposes a 120 day moratorium on the change in use of property within the business districts in the City of Columbia Heights, with said moratorium commencing and effective the date of adoption of this resolution, and recognizing said 120 day time period may be shortened or extended by adoption of a resolution of the City Council. BE IT FURTHER RESOLVED THAT activities affected by this moratorium include anything in the business districts requiring action by the Planning and Zonin Commission, building permits for work involving structural changes, and change in tenant or owner-occupant o~g~ property. This does not include building permits for maintenance issues such as roofs and/or siding. Also, formal applications submitted for Planning and Zoning Commission action prior to the date of adoption of this resolution will not be impacted by the moratorium. Passed this 14th day of February, 2000. Offered by: Hunter Seconded by: Szurek Roll Call: Ayes: Hunter, Szurek, Wyckoff Abstain: Peterson Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson Minutes for Regular City Council Meeting FebmaW 14, 2000 Page 61 Motion by Hunter, second by Wyckoff, to waive the reading of Resolution No. 2000-12, there being ample copies available to the public. All ayes. Motion carried. Motion, by Hunter, second by Wyckoff, to adopt Resolution 2000-12, being a Resolution of the Columbia Heights City Council Imposing a 120 Day Moratorium on the change in the use of property within the business district in the City of Columbia Heights. Aye: Hunter, Szurek, and Wyckoff. Abstain: Peterson. Motion Carried. B. Bid Considerations C. Other Business 1. Authorize Application for MHFA Community Fix-up Funds Anderson indicated Anoka County proposed, combined with the 14 other communities involved in the Remodeling Plan Book, to offer loans for up to $35,000, at a 2 to 8% percent interest rate based on h~ogsehold income, for homes built before 1970. This provides a discount program with a buydown from 896 to 6%, with a contribution of $50. 000 by our City and a match by MHFA. The program wouM start in June and run for a 20 month time period. CRR is purchasing a home in Fridley, to remodel with ideas from the plan book or people to go in and view. Fehst indicated this program will not take up a lot of staff time, as it will be ha~;'dflecd by CRR. Dropping the interest rate 2% on $35,000 would allow major improvements to many homes. Wyckoff indicated this program is limited to Post World War II homes. Anderson indicated the Minnesota Fix Up Fund and Home Energy Loans are also available for improvements. Motion by Szurek, second by Wyckoff, to authorize Community Revitalization Resources to apply to the Minnesota Housing Finance Agency to participate in the Community Fix-up Fund in a joint application with the fifteen cities co-sponsoring the Remodeling Planbook; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. All ayes. Motion carried. Motion by Szurek, second by Wyckoff, to approve the commitment of $50,000 for an interest rate subsidy program for the Community Fix-up Fund to be appropriated from Fund 226, Special Project Revenue and to authorize Community Rewtalization Resources to apply to the Minnesota Housing Finance Agency to match this commitment; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. All ayes. Motion carried. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager Fehst indicated the EDA meets Tuesday night, February 15 at 6:30p.m. B. Report of the City Attorney Harold Hoium questioned amounts paid to the City Attorney on the SheffieM project. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Meeting of the Planning and Zoning Commission meeting of February 1, 2000. 2) Meeting of the Public Library Board of Trustees meeting of February 1, 2000. Wyckoff indicated the City is working on a compromise with Metro Transit regarding the #18 bus. She gave a brief overview of the proposed route, and indicated she has Metro Transit comment cards available. 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.) HaroM Hoium recommended ordinances or resolutions for the following items: first hour of Council worksessions be devoted to residents questions; abolish the position of City Attorney,' and that bus shelters be required to have doors. Fehst indicated residents may call the City Clerk to have items placed on Council agendas; the position of City Attorney is very necesstlry; and the bus shelters are the responsibility of Metro Transit. Harold Hoium discussed snow removal on sidewalks. Minutes for Regular City Council Meeting February 14, 2000 Page 62 Joyce Meier, resident, had questions on a letter she received from the Building Official Fehst indicated a meeting could be set up with the Building Official to answer her questions. The Mayor wished everyone a "Happy Valentines Day ". 11. ADJOURNMENT Motion by Hunter, second by Szurek, to adjourn the meeting at 8:53 p.m. All ayes. Motion carried. Patricia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: February 28, 2000 AGENDA SECTION: NO: ITEM: NO: Consent Establishing Work Session meeting dates for March, 2000 ORIGINATING DEPARTMENT: CITY MANAGER' S BY: W. Fehst DATE: February 24, 2000 CITY MANAGER'S DATE: Work Session for March, 2000. It is recommended that a Work Session be scheduled for Monday, March 6, 2000 at 7:00 p.m. RECOMMENDED MOTION: Move to establish Work Session meeting date for Monday, March 6, 2000 at 7:00 p.m., COUNCIL ACTION: h:\2000-2-22worksessiondates CITY COUNCIL LETTER Meeting of: February 28, 2000 AGENDASECTION: 66~x~e~,'k · NO: "'1 - A - ,3 ITEM: Seek bids for recreation t-shirts and equipment NO: ORIGINATING DEPT.: Recreation BY: Gregg Gagnon/J~ DATE: CITY MANAGER APPRO AL BY:~f,/~ BACKGROUND: Each year the recreation department purchases t-shirts, caps, and athletic equipment for all of our youth athletic programs. At this time the staff would like authorization to seek bids for the purchase of t-shirts, hats, and athletic equipment. The funds have been budgeted in line 881-45001-2170, this is the same account in which money donated by the boosters is deposited. RECOMMENDED MOTION: Move to authorize recreation staff to seek bids for the purchase of t-shirts, hats, and athletic equipment for the year of 2000 to be purchased f~ '~ccount 881-45001-2170. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: February 28,2000 AGENDA SECTION: CONSENT AGENDA NO: A H ITEM: Fluorescent Bulb Collection Contract with NSP NO: ORIGINATING DEPARTMENT: Special Projects BY: JEAN KUEHN DATE: February 15, 2000 CITY MANAGER'S DATE: The staff of the City of Columbia Heights plans to continue the twice a year ~uorescent bulb collection for residents and small businesses of Columbia Heights and the adjacent area being served by N.S.P. The collections will be held at the Columbia Heights Recycling Center on Saturdays, in May and October. Attached is the contract with Northern States Power Company wherein, they agree to reimburse the City of Columbia Heights for expenses incurred by this collection. And the City agrees to accept bulbs from residents at no charge and to make all necessary arrangements for collection and transportation of the spent bulbs. The collection will be promoted through city utility bills, city newsletter, press releases to local papers and of course, cable TV. This contract is similar to the previous ones the City has entered into, except that now NSP is offering a two year contract rather than the one year. RECOMMENDED MOTION: Move to authorize Mayor and City Council to enter into a contract with NSP forthe collection of spent ~uorescent bulbs from residential and small businesses in Columbia Heights and surrounding communities served by N.S.P. Expenses related to this collection will be reimbursed by Northern States Power Company. COUNCILACTION: FLUORESCENT/HID LAMP RECYCLING AGREEMENT THIS AGREEMENT is between Northem States Power Company ("NSP"), a Minnesota corporation, and City of Columbia Heights. WHEREAS the Minnesota Legislature has enacted a statute that prohibits the disposal of fluorescent and high-intensity discharge lamps in solid waste and requires NSP, as a public utility that provides electdc service to 200,000 or more customers, to establish a system to collect and recycle lamps from residents and small (generating less than ten lamps per year) commercial and industrial customers; WHEREAS City of Columbia Heights has established and currently operates a system for the collection and recycling of lamps from residents and small commercial and industrial customers; and WHEREAS NSP and City of Columbia Heights desire to enter into an agreement whereby NSP will pay a percentage of costs incurred by City of Columbia Heights for the collection and recycling of lamps from residents and small commercial and industrial customers as part of NSP's system to meet its statutory obligations. NOW THEREFORE, in consideration of the terms and conditions stated in this Agreement, NSP and City of Columbia Heights agree as follows: City of Columbia Heights Collection and Recycling: City of Columbia Heights shall coordinate the collection and recycling of lamps from residents of and small commercial and industrial customers in City of Columbia Heights. Collection and recycling services shall be offered at no cost to NSP residential and small commercial and industrial customers, City of Columbia Heights shall be responsible for contracting or making similar arrangements with transporters and haulers used for collection and recyclers. City of Columbia Heights is solely responsible for the selection of transporters and haulers used for collection and recyclers, and the overall operation of its system for the collection and recycling of lamps. City of Columbia Heights shall be responsible for: a. Collection, staffing and citing of lamp collections; b. Arranging and contracting with transporters and lamp recyclers; Completion and submittal of documentation as described in this Agreement, including fumishing a description of City of Columbia Heights's lamp collection and recycling program; and City of Columbia Heights agrees to serve as pdmary contact and coordinator for City of Columbia Heights municipalities, community groups, and other outside third parties who express interest in implementing lamp collection events. NSP agrees to reimburse City of Columbia Heights for associated lamp recycling expenses involved in these events in the same manner as specified in this agreement. City of Columbia Heights Reporting: City of Columbia Heights shall provide to NSP documentation regarding City of Columbia Heights's lamp collection and recycling program, including a description of collection and recycling costs. Documentation shall: include the lamps collected, including, but not limited to, the total number and type of bulbs collected, and b. show proof of recycling or disposal of lamps c. be provided within thirty (30) days of the collection event. NSP Payment to City of Columbia Heights: NSP shall pay to City of Columbia Heights a pementage of the costs incurTed by City of Columbia Heights for the collection and recycling of lamps from households as stated in Exhibit A. NSP shall pay to City of Columbia Heights the costs incurred by City of Columbia Heights for the collection and recycling of lamps from businesses disposing of ten lamps or less which are documented NSP customers. City of Columbia Heights's collection and recycling costs shall include the costs of transportation, hauling, supplies, administrative expenses and labor costs directly associated with lamp recycling. City of Columbia Heights shall be responsible for its own expenses, including operation and maintenance of collection site(s), storage space and promotional expenses above and beyond NSP's planned and coordinated promotions. Upon presentation of documentation of collection and recycling costs, NSP shall have the fight to audit the documentation and request information. In the event NSP does not audit the documentation City of Columbia Heights collection and recycling costs, NSP shall pay the percentage of City of Columbia Heights collection and recycling costs thirty (30) days after receipt of the documentation. The terms of this Agreement are dependent upon Minnesota Department of Commerce (DOC) approval of the request by NSP to implement the Program in NSP's Minnesota Service area as a Conservation Improvement Program (CIP). If approval is subsequently withdrawn, or recovery of program costs through electrical rates is disallowed by the Minnesota Public Utilities Commission (MPUC), this Agreement is null and void upon notification to City of Columbia Heights. No further payments shall be made by NSP to City of Columbia Heights except that NSP shall make such payments for which services have been rendered to the date of notification. City of Columbia Heights Indemnification: City of Columbia Heights shall indemnify and hold NSP harmless from and against all claims, damages, losses and expenses including attorney's fees and other litigation expenses, adsing out of the operation of its system for the collection and recycling of lamps, including the selection of transporters and haulers used for collection and recyclers. This section shall survive the completion of, or termination of this Agreement, or any breach thereof. NSP Indemnification: NSP shall indemnify and hold City of Columbia Heights harmless from and against all claims, darnages, losses and expenses including attomey's fees and other litigation expenses, adsing out of the negligent acts or omissions or willful misconduct of NSP, or its employees or agents, regarding NSP's obligations under this Agreement. This section shall survive the completion of, or termination of, this Agreement, or any breach thereof. 6. Term: The term of this Agreement is until December 31, 2001. Notice: All information should be sent by United States mail, postage prepaid, to the following representatives of NSP and City of Columbia Heights: City of Columbia Heights: Jean Kuehn City of Columbia Heights City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 NSP: Kathy Chameli Product Manager Northern States Power Company 414 Nicollet Mall (RS-6) Minneapolis, MN 55401 IN WITNESS WHEREOF, NSP and City of Columbia Heights have caused this Agreement to be executed by their respective duly authorized representatives on January 26, 2000. Dated: '-a_/2-/Z.~ oo Northe~'~r~tate~s~s Power Company T,t,e: Dated: City of Columbia Heights Title: EXHIBIT A City of Columbia Heights The percentage of City of Columbia Heights's lamp collection and recycling costs which NSP shall pay is 100 percent based on the percentage of households in City of Columbia Heights which are residential customers of NSP. CITY COUNCIL LETTER Meeting of February 28,2000 AGENDA SECTION: OTHER BUSINESS NO. L~-A-~ ITEM: ANOKA COUNTY JPA SCORE FUNDS NO: ORIGINATING DEPARTMENT: SPECIAL PROJECTS BY: JEAN KUEHN DATE: February 15, 2000 CITY MANAGER'S APPROVAL BY: ~f~ DATE: This Joint Powers Agreement issued by the County board, January 25, 2000 is meant to include all of 2000 calendar year. The County has been assigned the full years allotment of SCORE funds from the State of Minnesota and has issued these agreements in a more timely manner than in past years. The 2000 Joint Powers Agreement with Anoka County entitles the City to apply for funding for the residential recycling program and the City's recycling drop off center as well as special collections of problem materials (ie., tires & oil filters, fluorescents). The joint powers agreement further specifies that Columbia Heights is entitled to receive reimbursements up to $55,196.74 for eligible expenses specifically related to recycling and waste abatement activities. To receive these funds the City must submit substantiating data in semiannual reports and abide by the State statutes regarding recyclable materials and mixed municipal solid waste. Staff has submitted the required reports for 1999 and has received the full amount of the allotment per the previous joint powers agreement. RECOMMENDED MOTION: Move to authorize Mayor and City Manager to enter into the 2000 Joint Powers Agreement with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and to make funds of up to $55,196.74 available as reimbursement for eligible expenses. COUNCIL ACTION: COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: February 28, 1999 AGENDA SECTION: NO: ITEM: Values First/Southem Anoka County Community Consortium Coordinator Invoice NO: ORIGiNATiNG DEPARTMENT: CITY MANAGER'S BY: W. Fehst DATE: February 17, 2000 CITY MANAGER' S APPROVAL B Y~e~/~'Jj~ DATE: BACKGROUND: Attached is a letter from Tim Yantos, Deputy County Administrator, requesting you approve payment of the City of Columbia Heights' joint powers agreement share of the funding for the Values First/Southern Anoka County Community Consortium Coordinator position in the amount of $5,108.00. The joint powers agreement also includes the Cities of Fridley and Hilltop, School Districts #13 and #14, and Anoka County. This represents a three percent salary increase for this contracted position, or $33,579 per year. RECOMMENDED MOTION: Move to authorize payment of $5,108.00 to Anoka County toward the 2000 salary of the Values First/Southern Anoka County Community Consortium Coordinator. Attachment: COUNCIL ACTION: h:\OO-2-22valueslstinvoice COUNTY OF ANOKA Office of County Administration TIM YANTOS Deputy Count/Administrator Direct #323-5692 MEMO TO: FROM: GOVERNMENT CENTER 2100 3rd Avenue. Anoka, Minnesota 55303-2 ,2~:.,, (612) 323-5700 February 9, 2000 Tim Y~tos, Depu~ Coun~ Administr~or SUBJECT: InvoiceforValuesFirstJSouthernAnokaCountyCommunityConsortiumCoordinator As you are aware, the Southern Anoka County Community Consortium in December of 1998 approved the hiring of a Values First/Southern Anoka County Community Consodium Coordinator and funding forthis position. The funding would come from the participating cities, school districts and county for 2000 in the amount of $33,579. The remaining $6,695 for 2000 would come from current budget reserves. Please send your check, made payable to Anoka County, to my attention as soon as possible. As aJways, should you have any questions, please do not hesitate to contact me. TY:sc Enclosures FAX: 323-5682 Affirmative Action / E ual Opportunity Employer TDD/T'I'Y: 323-5289 OOUNTY OF-ANOKA GOVERNMENT CENTER ~>100 3rd Avenue · Anok~,, Minnesota 55303-2265 (612} 323-5700 December 10, 1998 MEMO TO: FROM: SUBJECT: Commissioner Jim Kordiak Dr. David L Behlow, Superintendent Ind. School District #13 Waiter Fehst, City Manager, C~ of Columbia Heights Dr. Mary Ann Nelson, Superintendent. Fridley Ind. School District #14 Dr. William W. Burns, Manager, City of Fridley Ruth Nelson, Clerk, City of Hilltop Tim Yahtoe, Deputy County Administr=for Renewal of Joint Powers Agreement and Hiring of Values FirstISACCC Coordinator At the most recent meeting of the Southem Anoka County Community Consodium, the censortium recommended that the participating Southern Anoka County Community Consodium members consider renewing the current Joint Powers Agreement by extending the term to December 31, 2000. According to Article 8 of the current Joint Powers Agreement, "This agreement may be renewed for an additional term of two years each by resolution of all of the governing bodies of the parties hereto, prior to the expiration date of this agreement.' I have attached a sample resolution you may wish to use to allow for this extension, The Southem Anoka County Community Consortiurn also recommended that a 25-hour per week Values Fitst/Southem Anoka County Coordinator be hired. This recommendation came. after several months of analysis to determine the. most efficient means of coordinating the Values Fir~-I program in existence and provicrLng a small amount of coordin,"tion forthe Southern Anoka County Community Consortium itseft. The Consodium recommends a 25-hour per week coordinator of which 20 hours per week would be dedicated to the community values program and approximately five hours per week for the Southern Anoka County Community Consortiurn. The consoffium recommended that this contract position would be for two years, The total cost for the position in 1999 would be $32,600 and in 2000, $33,579 which represents a three percent increase. The Values First podion, or $26,100, for 1999 is requested from each member as follows: FAX: 323-5682 AffirmaUve Action / ERual Opportunity Empk yer 'I'DD/TrY: 323-5289 December 10, 1998 Page 2 City of Fridley City of Columbia Heights School District #13 School District #14 City of Hilltop Anoka County 1 _o9._~9 2000 $ 4,959 $ 5,108 $ 4.959 $ 5,108 $ 3,654 $ 3,764 $ 3,654 $ 3,764 $ 261 $ 269 Up to $ 8.613 Up to $ 8,871 S 6,500 ~ $32.600 $33,57G The rernajning $6,5~:,::) for 1939 and the $6,695 for the year 2000 for the Southem Anoka County Commu~ :.'ty Consortium Coordinator would come from current budgeted reserves. The consortium requests each member goveming body take action on the approval of the e>.~ension for tqe Joint Powers Agreement and the hidng and funding of the coordinator by December 31, 1998. Should you have any questions regarding this matter, please do not hesitate to contact me. ~'Y':mg Enclosure CITY COUNCIL LETTER Meeting of: 2/28/2000 AGENDA SECTION: CONSENT AGENDA NO: L{. A- ~ ITEM: AUTHORIZATION TO SEEK BIDS FOR 2000 MISCELLANEOUS CONCRETE PROJECT ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER BY: ~.~~ DATE: The City has a program each year to replace miscellaneous concrete structures such as curb and gutter, sidewalk and street. The concrete replacement is budgeted for in the Public Works Department budgets, such as in the Water Fund, for repairs of damaged concrete caused by water main breaks or paid for with funds generated by projects such as special assessments for curb and gutter replacement in seal coat areas or State Aid funds in overlay areas. ReconunendedMotion: M~vet~auth~rizesta~t~seekbidsf~rthe2~~~Misce~~ane~usC~ncreteRep~acementandInsta~~ati~n Project. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/28/2000 AGENDA SECTION: CONSENT AGENDA NO: t-t _ ~. % ITEM: AUTHORIZATION TO SEEK BIDS FOR 2000 STREET AND PARK/NG LANE STRIP1NG ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hanse_q~~ DATE: 2/23/00 CITY MANAGER Staff is requesting authorization to seek bids for the 2000 Street and Parking Lane Striping. Approximately 8% of the project ($750.00) is budgeted for in General Fund 101-43170-4000. The remaining 92% ($9,000.00) is budgeted for in the Municipal State Aid Maintenance Fund 212-43190-4000. The budget amount has increased over previous years because the City is responsible for striping Central Avenue from 37th Avenue to 39Ih Avenue until the new median is constructed. Recommended Motion: Move to authorize staff to seek bids for the 2000 Street and Parking Lane Striping Contract. KH:jb KH:jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/28/2000 AGENDA SECTION: CONSENT AGENDA NO: tj _ ,/~ -c1 ITEM: FiNAL PAYMENT FOR SANITARY SEWER LINiNG, PROJECT #9916 ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER On October 11, 1999 Council authorized the sanitary sewer lining project. The project consisted of 1,122 feet of continuous lining on 42nd Avenue from Fillmore Street to Reservoir Blvd. and spot lining at the following locations: 7th St. at Sullivan Dr. (offset joint), Royce St. at Leander Lane (top of pipe missing) and Benjamin St., noah of 43rd Ave. (pipe is cracked). The spot lining was not done on 7th St. because the equipment could not get through the offset at the joint. This section will be repaired in conjunction with the Zone 4 construction. The Engineer's Report of Final Acceptance is attached. Recommended Motion: Move to accept the work for Sanitary Sewer Lining, Municipal Project #9916, and to authorize final payment of $4,807.40 to Insituform Technologies USA, Inc. of Chesterfield, Missouri. KH:jb Attachment: Insituform Invoice Engineer's Report of Final Acceptance KH:jb COUNCIL ACTION: INSITUFORM TECHNOLOGIES USA, INC. 17988 EDISON AVENUE CHESTERFIELD, MISSOURI 63005 636-530-8000 Remit to: PO BOX502657 St. Louis, Missouri 63150-2657 TO: Mr. Kevln Hartsen, P.E. City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 PROJECT: 1999 Sanitary Sewer Lining Project City Project No. 9916 ESTIMATE # 2 &Final R E C E IV EC"# WORK COMPLETED THRU: 01/27/00 FEB 1 'j= Z000 INVOICE DATE: 02110/00 PUBLIC_WORKS ITEM NO. DESCRIPTION Line 8" VCP 2 Spot Line 8" VCP CONTRACT COMPLETED-TO-DATE QUANTITY UNIT PRICE QUANTITY % AMOUNT 1118 LF 34.00/LF 1122 LF 100% 38,148.00 3 EA 1,450.00 lEA 2 EA 100% 2,900.00 TOTAL CONTRACT: $42,362.00 Cust. #96909 Month Gross 4,807.40 Month Retention 0.00 Month Open 4,807.40 bt cc: B. Ratz Job file NR file CONTRACT SUMMARY Total Contract Eamed Less Retainage Add: Less: Net Amount Due: 41,048.00 0.00 41,048.00 If there are any questions regarding this invoice, please contact Barb Trende at the phone number listed above. Paid to Date: TOTAL DUE: AMOUNT PAST DUE: 36,240.60 $4,807.40 0.00 EARNED TO DATE: Less: Retainage 0% Previous Estimates Other Total Deductions from Earned to Date AMOUNT DUE THIS ESTIMATE: $41,048.00 0.00 36,240.60 ...... .3__6.,Z.4..°...6..°. $4,807.40 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 1999 IMPROVEMENT PROJECTS SANITARY SEWER LINING CITY PROJECT NUMBER 9916 February 22, 2000 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 Insituform Technologies, USA, Inc. The work consisted of continuous lining for 1,122 lineal feet of sanitary sewer and spot lining at 2 sanitary sewer repair locations. 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 COL BIA HEIGHTS Keyin R. Hansen City Engineer $ 42,362.00 $ 0.00 $ 42,362.00 $ 41,048.00 $ 36,240.60 $ 4,807.40 CITY COUNCIL LETTER Meeting of: 2/23/2000 AGENDA SECTION: CONSENT AGENDA NO: L~ - A - ~ C) ITEM: AUTHORIZATION FOR BRW TO PREPARE FINAL PLANS AND SPECIFICATIONS FOR CENTRAL AVENUE ORIGINATING DEPARTMENT: PUBLIC WORKS BY: ~. DATE: CITY MANAGER Background: The City of Columbia Heights was awarded a Cooperative Agreement from Mn/DOT in the amount of $540,000 for improvements to Central Avenue from 37th to 43rd Avenues. The City authorized the Engineering Consultant Firm of BRW to prepare preliminary plans and an Engineering Report detailing the scope of work. The report was received by the Council on December 13, 1999. Analysis/Conclusions: The City received Cooperative Funding from MrFDOT for fiscal year 2001 which provides funding after June 2000. The Engineering Study recommends a project time frame of final plan preparation and MnfDOT approvals in 2000 with bidding early in 2001 for a begin construction early in 2001. This will provide additional time to develop street scape plans and coincides with the City of Minneapolis' plans to reconstruct Central Avenue south of 3 7th Avenue in 2001. The work, as identified in the Engineering Study, includes utilities: water main, sanitary sewer and storm sewer; and street reconstruction which includes center medians curb and gutter and sidewalks. The total estimated cost of the work is $850,000 for utilities and $1,745,000 for street improvements. The final design engineering fees of $137,000 represents 5.3% of the estimated construction cost. Construction and Engineering costs are funded by cooperative funds, State-Aid or associated Utility Funds. This proposal does not include streetscaping design work. Streetscaping and/or landscaping within this segment of Central Avenue will follow a separate project timeline in 2000 and be developed as a separate project to allow for public input and determination of funding alternatives. The fmal plan preparation will be tied to the street work and is intended to coincide with construction activities on Central Avenue in 2000. Recommended Motion: Move to authorize preparation of Final Plans and Specifications for Central Avenue from 37Ih to 43rd Avenues as detailed in the Engineering Study dated January 2, 2000; and, authorize the Mayor and City Manager to enter into a contract for fmal design services to BRW at a cost not-to-exceed $137,000. Attachment: BRW proposal letter dated January 10, 2000 KH:jb COUNCIL ACTION: BRW DAMES & MOORE GROUP COMPANy January l0,2000 RECEIVED JAN 1 ZOOO PUBLIC WORKS Thresher Square 700 Third Street South Minneapolis, Minnesota 55415 612 370 0700Tel 612 370 1378 Fax Mr. Kevin Hansen, PE Director of Public Works/City Engineer City of Columbia Heights 637 - 38th Avenue N.E. Columbia Heights, MN 55421 RE: Proposal for Final Design and Construction Services Central Avenue (T.H. 65) Improvement Project City Project 99-12 Dear Mr. Hansen: The following proposal is offered for your consideration for final design and construction services for the Central Avenue (T.H. 65) Improvements project. The project includes the implementation of a consistent system of left turn lanes and medians on Central Avenue between 37th Avenue and 43ra Avenue. The project will also include the removal and replacement of existing concrete curb and gutter and concrete sidewalk between 37~h Avenue and 4fd Avenue. The existing water system will be removed or abandoned and replaced between 37''h Avenue and 43~ Avenue. Sanitary sewer repairs and manhole replacements will be included in the project in accordance with the project's Preliminary Engineering Report. The replacement of storm sewer pipe, manholes and catch basins, as indicated in the Preliminary Engineering Report, shall be included in the project. A mill and overlay of the existing roadway surface will be included in the project. The project will also include the removal of existing on-street parking along portions of the roadway. Improvements to the five-legged intersection of Central Avenue/37'h Avenue/Reservoir Boulevard are also to be included in the project. The project shall include removal and replacement of existing concrete curb and gutter along Reservoir Boulevard from 37th Avenue to approximately 350 feet north. This portion of Reservoir Boulevard will be reduced in width to 32 feet from face of curb to face of curb. BRW has previously assisted the City with the preparation of a Mn'xDOT Cooperative Agreement funding request for the project. Mn'xDOT has selected the project for $540,000,00 in Cooperative Agreement funding for Fiscal Year 2001. Fiscal Year 2001 extends from July 1, 2000 to June 30, 2001. BRW has prepared a Preliminary Engineering Report that contains the proposed improvements for the project. In addition to the proposed improvements stated above, the City is considering the inclusion of other work as part of the project. The additional work may include the following: · Water Main Improvement Extension The City is considering extending the limits of the proposed water main improvements to include the section along Central Avenue from 4fd Avenue to 45th Avenue. The City's 1999 Water Distribution System Stud,,,' indicated that the ;valet main through this section should be increased to a [2-inch diameter maip,. J BRW DAMES & MOORE GROUP COMPANy Mr. Kevin Hansen January 10, 2000 Page Two · Landscaping/Urban Design Improvements The City is working with SRF Consulting Group, Inc., on a Master Redevelopment Plan that includes the Central Avenue Corridor. Urban design and landscape improvements may be desired through this section of Central Avenue. At this time, the extent of and the type of urban design and landscaping improvements is unknown. If a specific plan is determined before final plans for this project are complete, the improvements may be able to be included with this project. SCOPE OF WORK The following is a summary of the proposed scope of work included in this proposal for final design and construction services for the project: HNAL DESIGN PHASE 1. Final Survey Work BRW will perform final design survey work as needed to obtain information required for the design of the project. Information shall include existing curb and gutter elevations, existing median elevations, roadway centerline elevations, driveway entrance elevations, sidewalk elevations, entry elevations of existing buildings, sewer invert elevations as needed and utility structure locations. Base maps prepared with the Preliminary Engineering Report will be updated with the additional survey information and used for the final design. 2. Final Construction Plans BRW will prepare final construction plans for the project. The plans shall be prepared to conform to State Aid standards. The plans will be submitted to the City and Mn'~DOT for review and approval. It is anticipated that the plan set will contain approximately 60 sheets. The City of Minneapolis is also planning to make improvements to Central Avenue from 37th Avenue to the south. BRW will coordinate the final design of this project with the project being done by the City of Minneapolis. We have assumed that we will attend up to throe meetings with City of Minneapolis staff. BRW will prepare and submit permit applications as required for the project to MnXDOT, the Minnesota Pollution Control Agency and the Minnesota Health Department. 3. Project Specifications BRW will prepare specifications for the project. The project specifications will be submitted to the City and MnXDOT for review and approval. L BRW Mr. Kevin Hansen January 10, 2000 Page Three 4. Bidding Assistance BRW will assist the City by preparing an Advertisement for Bid for the project. BRW will prepare copies of the plans and specifications and distribute them to perspective bidders upon receipt of the fee for plans and specifications. BRW will receive prospective bidder's questions and prepare up to three addenda during the bidding period. BRW shall assist City staff with the bid opening. BRW will prepare a bid tabulation and prepare a recommendation of award letter. CONSTRUCTION PHASE 1. Construction Services BRW will provide construction administration, construction staking and full time construction observation during the construction of the project. BRW will coordinate construction testing for the project. BRW will prepare and provide the City with as-built drawings of the new construction. We have assumed that all construction testing required for the project will be performed by others and that all testing fees will be billed directly to the City by the consultant performing the work. ESTIMATED COSTS We propose that the work be performed on an hourly basis. The following is a summary of the estimated costs to complete the work tasks identified above. FINAL DESIGN PHASE Task Estimated Cost 1. Final Survey Work $ 10,000.00 2. Final Construction Plans $ 115,000.00 3. Project Specifications $ 5,000.00 4. Bidding Assistance $ 5,000.00 Reimbursable Expenses $ 2,000.00 Total Estimated Cost for Design Phase $ 137,000.00 CITY COUNCIL LETTER Meeting of: 2/28/2000 AGENDA SECTION: CONSENT ITEM: RESOLUTIONS ACCEPTING THE FEASIBILITY REPORTS FOR ZONE 4 STREET REHABILITATION AND SEAL COATING AND CALLING FOR PUBLIC IMPROVEMENT HEARING ORIGINATING DEPARTMENT: PUBLIC WORKS DATE: CITY MANAGER BY~.. ~ DA ~ Background: Staff has been preparing preliminary plans and developing the Feasibility Report(s) for Zone 4 of the Annual Street Rehabilitation Program. Zone 4 is bounded by Central Avenue on the East, University Avenue on the West, City limits on the North and 48lh Avenue on the South. Staff met with the Council at their February 7th and 22nd, 2000 work sessions for an issues review including: standard street widths, delaying work on University Avenue, and assessment methodologies. Analysis/Conclusions: Based upon the February 7th and 22nd Work Sessions and further staff review, attached are two Feasibility Reports which detail the scope of work for Street Rehabilitation in Zone 4. Particular issues are summarized below: Rehabilitation Strategies: Three treatment strategies are utilized in the furst report: mill and overlay, partial reconstruction, and full reconstruction. A fourth strategy, seal coating, is addressed under a separate engineering report. Staff utilizes three methods in evaluating the condition of the street and appropriate treatment: Present physical structure (cross-section): Each street within Zone 4 has been excavated down to their sub-base material and the individual street segment cross-sections are catalogued. Non-destructive strength determination and condition rating: Braun lntertec, a geo-teclmical engineering consultant, tests all streets at 50 foot intervals with a deflection. From this, the strength of the road segment is determined. Braun also develops their own pavement conditions index. Overall Condition Index (OCI): Staff also reviews each street segment by measuring the type and quality of each type of cracking in the pavement. This information along with other factors such as drainage and physical structure, is used to determine an "overall condition index". The results are then used to determine the appropriate treatment to maxinftze the life of the su'eet. Utilities Replacement: Utilities have been reviewed in Zone 4 and the attached map represents where staff is recommending replacement. Staff COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/28/2000 AGENDA SECTION: CONSENT ITEM: RESOLUTIONS ACCEPTING THE FEASIBILITY REPORTS FOR ZONE 4 STREET REHABILITATION AND SEAL COATING AND CALLING FOR PUBLIC IMPROVEMENT HEARiNG ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: K. Hansen BY: DATE: 2/23/00 DATE: Continued - Page 2 utilized televising, history of water main breaks, leakage testing (independent testing), and previous engineering reports in determining utility replacements. Assessment Methodology: Street Rehabilitation Zones 1, 2 and 3 all followed the existing assessment policies for each area. Under the 1999 Alley Construction Program. a "unit" assessment methodology was employed rather than using a "front foot" rate basis. The area of Columbia Heights west of Central avenue is essentially a block type development pattern with streets and avenues. The existing assessment policy for this area would involve "street" assessments and "avenue" assessments. The "street" frontage (typical front of property or where driveway access is) would pay a particular rate for the full frontage for that type of treatment (mill & overlay or full reconstruction, for example) used on that street. That same parcel would pay a reduced rate for the avenue for the full frontage. I am a proponent of unit basis assessment methodology in reconstruction areas as it has been my experience that the court system has accepted this rationale from an appeal basis. Going to a unit basis methodology could still create different rates dependent upon the type of treatment the adjacent avenues receive. Financing: Street Rehabilitation The estimated construction costs are as follows: 1. Full street reconstruction $212,365 2. Partial street reconstruction $124,800 3. Mill and overlay $116,765 Project funding is proposed as follows: Assessments: Infrastructure Fund: $302,800 $151,130 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/28/2000 AGENDA SECTION: CONSENT ITEM: RESOLUTIONS ACCEPTING THE FEASIBILITY REPORTS FOR ZONE 4 STREET REHABILITATION AND SEAL COATING AND CALLING FOR PUBLIC IMPROVEMENT HEARING ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen DATE: 2/23/00 CITY MANAGER BY: DATE: Continued - Page 3 DNR Grant: $ ** Storm Water Utility: $ ** Sanitary Sewer Fund: $ ** Water Construction Fund: $ ** The costs and associated funding for utility work (**) will be determined during the final design. Financing: Seal Coating The estimated construction costs are as follows: Seal Coating $92,550 Project funding is proposed as follows: Assessments: $92,550 Past Assessments: Zone 4 does have areas that have had improvements assessed in the recent past. Two major areas were assessed $1,200 per lot under the 1999 alley assessment program. These areas were: Alley - 52"a to 53rd Avenues, from 4th tO 5th Streets. Alley - 48t" to 49th Avenues, from Madison to Monroe. The assessments of $1,200 per parcel were spread out over 10 years. Consideration could be given to making some accommodation to lessen the impact of additional assessments. It should be noted that both of these areas are proposed for seal coating, which is typically a small assessment spread over one year. Staff has established the following meeting dates: Resident Informational: March 9, 2000 Public Hearing: March 20, 2000 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen DATE: 2/23/00 AGENDA SECTION: CONSENT ITEM: RESOLUTIONS ACCEPTING THE FEASIBILITY REPORTS FOR ZONE 4 STREET REHABILITATION AND SEAL COATING AND CALLING FOR PUBLIC IMPROVEMENT HEARING 2/28/2000 CITY MANAGER BY: DATE: Continued - Page 4 Recommended Motion: Move to waive the reading of the Resolutions, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2000-17 which accepts the Feasibility Report for Zone 4 Street Rehabilitation and calling for an Improvement Hearing for March 20, 2000. Recommended Motion: Move to adopt Resolution No. 2000-18 which accepts the Feasibility Report for Zone 4 Street Seal Coating and calling for an Improvement Hearing for March 20, 2000. KH:jb Attachment: Resolution(s) Feasibility Reports Project Maps COUNCIL ACTION: RESOLUTION NO. 2000-17 BEING A RESOLUTION RECEIVING THE REPORT ON THE 2000 STREET REHABILITATION IMPROVEMENTS WITH FULL RECONSTRUCTION, PARTIAL RECONSTRUCTION AND MILL AND OVERLAY AND CALLING FOR A PUBLIC IMPROVEMENT HEARING WHEREAS, pursuant to Resolutions 2000-07, adopted by the City Council January 10, 2000, a report has been prepared by Mr. Kevin Hansen, City Engineer with reference to the following improvements: FULL STREET RECONSTRUCTION 50th Avenue University Avenue to 5~h Street 50th Avenue Momoe Street to Jackson Street PARTIAL STREET RECONSTRUCTION 50th Avenue 7th Street to Washington Street 50th Avenue Jackson Street to Central Avenue 50 tA Avenue Momoe Street to Jackson Street MILL AND OVERLAY Momoe Street Jackson Street 49 '/2 Avenue 50~h Avenue 49th Avenue to 51st Avenue 49Ih Avenue to 51s' Avenue Monroe Street to Jackson Street 5th Street to 7th Street and this report was received by the Council on February 28, 2000, and WHEREAS, the report provides information regarding whether the proposed project in necessary, cost-effective and feasible, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property (parcel unit basis) as well as non-abutting property (parcel unit basis) on the closest intersecting street for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $454,000. AND BE IT FURTHER RESOLVED that a Public Hearing shall be held on such proposed improvements on the 20th day of March, 2000 in the Council Chambers located at 590 40th Avenue NE, at 7:00 p.m., and the City Manager shall give mailed and published notice of such hearing and improvement as required by law. Dated this 28lh day of February, 2000. Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Call: BY Mayor Patricia Muscovitz, Council Secretary RESOLUTION NO. 2000-18 BEING A RESOLUTION RECEIVING THE REPORT ON THE 2000 STREET SEAL COAT AND CALLING FOR A PUBLIC IMPROVEMENT HEARING VfHEREAS, pursuant to Resolutions 2000-08. adopted by the City Council January 10, 2000, a report has been prepared by Mr. Kevin Hartsen. City Engineer with reference to seal coat improvements on the following streets: 4a' Street 5th Street 6m Street 7Ih Street Washington Street Madison Street Monroe Street 50th Avenue 51 st Avenue Sullivan Drive 52"d Avenue 48m Avenue to 53ra Avenue 48In Avenue to 53ra Avenue 48th Avenue to 5Ya Avenue 48In Avenue to 53ra Avenue 48m Avenue to 51st Avenue 48lh Avenue to 51 ,t Avenue 48th Avenue to 49th Avenue Washington Street to Monroe Street University Avenue to Washington Street 7th Street to Washington Street University Avenue to 7~h Street and this report was received by the Council on February 28, 2000, and WHEREAS, the report provides information regarding whether the proposed project in necessary, cost-effective and feasible, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property (parcel unit basis) as well as non-abutting property (parcel unit basis) on the closest intersecting street for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $92,550. AND BE IT FURTHER RESOLVED that a Public Hearing shall be held on such proposed improvements on the 20th day of March, 2000 in the Council Chambers located at 590 40th Avenue NE, at 7:00 p.m., and the City Manager shall give mailed and published notice of such hearing and improvement as required by law. Dated this 2gth day of February, 2000. Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Call: BY Mayor Patricia Muscovitz, Council Secretary City of Columbia Heights FEASIBILITY REPORT FOR 2000 STREET REHABILITATION SEAL COAT IMPROVEMENTS CITY PROJECT 0001 FEBRUARY, 2000 ENGINEERING DEPARTMENT 63 7 38th Avenue NE, Columbia Heights, MN 55421 612-706-3700 · 612-706-3701 (Fax) LOCATION: IMPROVEMENTS: INITIATION: OWNERS ABUTTING: ISSUES: FEASIBILITY: SCHEDULE: BITUMINOUS SEAL COAT IMPROVEMENTS ZONE 4 COLUMBIA HEIGHTS, MINNESOTA PROJECT NUMBER 0001 All Bituminous streets in Zone 4 not scheduled for street rehabilitation. Zone 4 is the area between University Avenue Service Drive and Central Avenue, north of 48th Avenue. This feasibility study includes an analysis of proposed bituminous street crack sealing, bituminous patching and repair, and seal coat. Street Surface. City Council, as part of an ongoing bituminous street preservation strategy. The location of each street is described below and shown on the attached map. The total number of parcels is 560. This is comprised of 560 privately-owned parcels and 0 city-owned parcels. 1. 4th Street 2. 5~h Street 3. 6th Street 4. 7th Street 5. Washington Street 6. Madison Street 7. Monroe Street 8. 50th Avenue 9. 51s~ Avenue 10. Sullivan Drive 11. 52nd Avenue 48th Avenue to 53rd Avenue 48th Avenue to 53rd Avenue 48th Avenue to 53rd Avenue 4gth Avenue to 53ra Avenue 48th Avenue to 51st Avenue 48th Avenue to 51st Avenue 48th Avenue to 49th Avenue Washington Street to Monroe Street University Avenue to Washington Street 7th Street to Washington Street University Avenue to 7th Street The City Council identified the need to maintain the existing bituminous streets in good driving condition and extend the life of the pavement. The improvement as proposed is necessary, cost-effective, and technically feasible. The project should be implemented as proposed in the study. The improvements, once completed, will be a benefit to the properties served. Construction is scheduled to begin in the spring of 2000, with substantial completion occurring in late summer. Council receives draft Feasibility Report and discusses issues ............... February 22 Council accepts Feasibility Report and orders Public lmprovement Hearing .... February28 Page 1 of 2 FiNANCiNG: ASSESSMENT: Public Improvement Hearing and Council orders Public Improvement Project .... March 20 Council Approves Plans and Specifications, Authorizes Advertisement for Bids .. March 27 Bid Opening for Crack Sealing .......................................... April 18 Council Awards Crack Sealing Contract ................................... April 24 Bid Opening for Seal Coating ............................................. May 2 Begin Construction - Bituminous Repairs (Force Account) ...................... May 3 Begin Construction - Crack Sealing ........................................ May 8 Council Awards Seal Coating Contract ...................................... May 8 Begin Construction - Seal Coat .......................................... August 7 Construction Completed ........................................... September 15 The estimated cost for the project is $92,550 The project will be 100% assessed to parcels on a trait basis for street and avenue seal coating work. The estimated unit cost assessment is $147.50 for Street and $49.00 for Avenue per parcel. Page 2 of 2 COST ESTIMATE 2000 SEAL COAT ZONE 4 No. Description 1 Curb and gutter repair 2 Surface repair costs 3 Sealcoat Quantity Unit Unit Price Total 700 L.F. $23.00 $16,100.00 1 L.S. $29,660.00 $29,660.00 71,985 S.Y. $0.65 $46,790.25 $92,550.25 City of Columbia Heights FEASIBILITY REPORT FOR ZONE 4 2000 STREET REHABILITATION CITY PROJECT NO. 0002 FEBRUARY, 2000 ENGINEERING DEPARTMENT 63 7 38th Avenue NE, Columbia Heights, MN 55421 612-706-3700 · 612-706-3701 (Fax) LOCATION: IMPROVEMENTS: INITIATION: OWNERS ABUTTING: OR IMPACTED ISSUES: STREET REHABILITATION IMPROVEMENTS COLUMBIA HEIGHTS, MINNESOTA ZONE 4 PROJECT NUMBER 0002 ZONE 4 - AREA BOUNDED BY UNIVERSITY AVENUE SERVICE ROAD TO CENTRAL AVENUE AND 48TM AVENUE TO 53Rv AVENUE This feasibility study includes an analysis of proposed street rehabilitation within Zone 4. Full Street Reconstruction - Concrete curb and gutter, granular subbase, new aggregate base and new bituminous surfacing. Partial Street Reconstruction - Random curb and gutter replacement as required, granular subbase, new aggregate base and new bituminous surfacing. Mill and Overlay - Random curb and gutter replacement, and new 2" bituminous surface. City Council in accordance with the Street Rehabilitation Policy. FULL STREET RECONSTRUCTION 1. 50eh Avenue University Avenue to 5th Street (44) 2. 50th Avenue Monroe Street to Jackson Street (26) PARTIAL STREET RECONSTRUCTION 1. 50th Avenue 7th Street to Washington Street (16) 2. 50th Avenue Jackson Street to Central Avenue (8) 3. 50 V2 Avenue Monroe Street to Jackson Street (22) MILL AND OVERLAY 1. Monroe Street 2. Jackson Street 3. 49 ½ Avenue 4. 50th Avenue 49th Avenue to 51 ~t Avenue (31 ) 49th Avenue to 51 st Avenue (30) Monroe Street to Jackson Street (18) 5'h Street to 7th Street (52) The following is a study of the key project issues. Street Reconstruction The proposed roadway would consist of a two lane bituminous cross Page 1 of 3 FEASIBILITY: SCHEDULE: section with concrete curb and gutter. The roadway width on 50th Avenue from University Avenue to 5th Street would match 50'h Avenue, east of 5th Street. The roadway width on 50t" Avenue from Monroe to Jackson would match the existing. Roadway construction will include minor modifications to existing sanitary and storm sewer and water main utility structures in order to meet proposed finish grades. No replacement of existing mains is proposed as part of the project. Partial Reconstruction The proposed roadway would consist of a bituminous cross section. The width would remain the same. Curb and gutter sections with poor drainage would be removed and replaced. Roadway construction will include minor modifications to existing sanitary and storm sewer and water main utility structures in order to meet proposed finish grades. No replacement of existing mains is proposed as part of the project. Mill and Ove~av The proposed construction would consist of milling up to 2" of bituminous cross section and paving a new 2" bituminous mat. Curb and gutter sections with poor drainage would be removed and replaced. New mink storm sewer and catch basins are proposed for Monroe Street from 49 ½ Avenue to Sullivan Lake. New water main is proposed for Jackson Street from 49th Avenue to 51~t Avenue and 51st Avenue from 5th to 6th Streets. At other locations roadway construction will include minor modifications to existing sanitary and storm sewer and water main utility structures in order to meet proposed finish grades. The proposed improvement project is necessary to provide consistency with the street rehabilitation policy, cost-effective with the inclusion of partial city funding, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the properties served. Construction is scheduled to begin in late spring of 2000, with substantial completion occurring in the early fall of 2000. Council receives draft Feasibility Report and discusses issues .. February 7, February 22 Council receives final Feasibility Report and orders Public Improvement Hearing Feb 28 Public Informational meeting prior to Public Improvement Hearing .......... March 9 Public Improvement Hearing and Council orders Public Improvement Project . March 20 Council Approves Plans and Specifications, Authorizes Advertisement for Bids March 27 Bid Opening ..................................................... April 18 Council Awards Contract ...........................................April 24 Begin Construction ................................................May 15 Construction Completed ....................................... September 29 Page 2 of 3 FiNANCING: ASSESSMENT: The estimated costs for the project are as follows: 1. Full street reconstruction $212,365 2. Partial street reconstruction $124,800 3. Mill and overlay $116,765 The extent of necessary utility work will be determined during final plan preparation. All utility work done as part of the project will be paid for from the appropriate utility fund, consistent with the policy followed under the zone street rehabilitation work. Financing would be a combination of assessments to benefitted properties, infrastructure fund, Municipal State Aid funds (population apportionment), and utility funds. Assessments will be in accordance with the City's Street Rehabilitation Ordinance and past practice. Assessments can be based on a per foot basis or a parcel basis. Following existing assessment policies, assessments would be on a Street and Avenue frontage basis. A Street assessment would be at the developed rate for the particular rehab strategy while Avenue assessments would be at approximately 1/3 of the street rate extending ½ block in either direction of the Avenue. An alternative would be to base the assessments on a parcel unit basis where all parcels would be assessed the same amount for each rehab strategy. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. The unit rates would be reduced for Avenue assessment similarly to the existing policy. Page 3 of 3 COST ESTIMATE 2000 STREET REHABILITATION ZONE 4 FULL RECONSTRUCTION No. Item Unit Quantity Unit Price Remove concrete curb and gutter 2 Remove concrete driveway 3 Remove concrete walk 4 Remove bituminous pavement 5 Remove bituminous alley/driveway 6 Sawcut concrete 7 Sawcut bituminous 8 Salvage fence 9 Subgrade excavation 10 Granular borrow (CV) 11 Common excavation 12 Aggregate base class 5 13 Bituminous wear course 14 Bituminous binder course 15 Bituminous alley 16 Bituminous driveway 17 Tack coat 18 Concrete curb and gutter - B618 19 Concrete alley apron 20 Concrete driveway 21 Concrete walk 22 Concrete step 23 Reinstall salvaged fence 24 Sod with topsoil Amount L.F. 1,775 $5.00 $8,875.00 S.F. 2,540 $2.00 $5,080.00 S.F. 140 $1.00 $140.00 S.Y. 4,820 $3.00 $14,460.00 S.Y. 235 $3.00 $705.00 L.F. 285 $4.00 $1,140.00 L.F. 680 $4.00 $2,720.00 L.F. 25 $5.00 $125.00 C.Y. 1,820 $10.00 $18,200.00 C.Y. 1,820 $10.00 $18,200.00 C.Y. 1,405 $10.00 $14,050.00 Ton 2,235 $15.00 $33,525.00 Ton 345 $35.00 $12,075.00 Ton 345 $30.00 $10,350.00 S.Y. 15 $25.00 $375.00 S.Y. 100 $25.00 $2,500.00 Gal. 130 $5.00 $650.00 L.F. 3,290 $10.00 $32,900.00 S.F. 360 $6.00 $2,160.00 S.F. 3,935 $5.00 $19,675.00 S.F. 465 $4.00 $1,860.00 S.F. 10 $30.00 $300.00 L.S. 25 $15.00 $375.00 S.Y. 2,385 $5.00 $11,925.00 $212,365.00 COST ESTIMATE 2000 STREET REHABILITATION ZONE 4 PARTIAL RECONSTRUCTION No. Item Unit Quantity Unit Price Remove concrete curb and gutter 2 Remove concrete driveway 3 Remove bituminous pavement 4 Remove bituminous driveway 5 Sawcut concrete 6 Sawcut bituminous 7 Subgrade excavation 8 Granular borrow (CV) 9 Common excavation 10 Aggregate base class 5 11 Bituminous wear course 12 Bituminous binder course 13 Bituminous driveway 14 Tack coat 15 Concrete curb and gutter 16 Concrete driveway Amount L.F. 545 $5.00 $2,725.00 S.F. 1,415 $2.00 $2,830.00 S.Y. 5,335 $3.00 $16,005.00 S.Y. 70 $3.00 $210.00 L.F. 240 $4.00 $960.00 L.F. 280 $4.00 $1,120.00 C.Y. 445 $10.00 $4,450.00 C.Y. 445 $10.00 $4,450.00 C.Y. 890 $10.00 $8,900.00 Ton 1,990 $15.00 $29,850.00 Ton 580 $35.00 $20,300.00 Ton 580 $30.00 $17,400.00 S.Y. 70 $25.00 $1,750.00 Gal. 265 $5.00 $1,325.00 L.F. 545 $I0.00 $5,450.00 S.F. 1,415 $5.00 $7,075.00 $124,800.00 MILL AND OVERLAY No~ Item Unit Quantity Unit Price 1 Remove concrete curb and gutter 2 Remove concrete driveway 3 Remove bituminous driveway 4 Sawcut concrete 5 Sawcut bituminous 6 Mill bituminous pavement 7 Aggregate base class 5 8 2" Bituminous overlay 9 Bituminous leveling course 10 Patch bituminous street 11 Bituminous driveway 12 Tack coat 13 Concrete curb and gutter 14 Concrete driveway L.F. 1,195 $5.00 S.F. 750 $2.00 S.Y. 90 $3.00 L.F. 105 $4.00 L.F. 345 $4.00 S.Y. 6,610 $2.00 Ton 485 $15.00 Ton 1,460 $35.00 Ton 160 $45.00 Ton 160 $45.00 S.Y. 90 $25.00 Gal. 655 $5.00 L.F. 1,195 $10.00 S.F. 750 $5.00 Amount $5,975.00 $1,500.00 $270.00 $420.00 $1,380.00 $13,220.00 $7,275.00 $51,100.00 $7,200.00 $7,200.00 $2,250.00 $3,275.00 $11,950.00 $3,750.00 $116,765.00 II ULIIUI III1t1111111 IIIII I a^V leJ~uaO IIIIIltlIIIlf~t Illllllllllllllll Illli ~llllllllIllltlll IIiIllItIltHI II II II illllit Iltll ll Illll IllllllllllllllllIll II IIllllll~:=.:~=---n I IIIIll IllIll ill ltil IlitllJ,j. III III II/111 Illlljlll I/llIIIIJ~ IIIIIIlIlll IIIIIllliiI lllJlllllllllll I1~:F COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of:February 28, 2000 AGENDA SECTION: Consent NO: ITEM: Resolution NO. 2000-19 NO: ORIGINATING DEPARTMENT: CITY MANAGER' S Community Development APPROVAL BY: Ken Anderson ~ "BY:Z/L~f DATE: February 25, 2000 Issue Statement: This is a request to approve the Commission appointments to the Columbia Heights Housing and Redevelopment Authority. Background/Analysis: Pursuant to Section 469.003 subdivision 6, the Housing and Redevelopment Authority Commissioners shall be appointed by the Mayor, with the approval of the governing body. Resolution #2000-19 establishes the Mayor and City Council as the Housing and Redevelopment Authority Commissioners who's terms coincide with their respective terms of office as elected officials. At its next meeting, the HRA board will be required to execute the necessary documents prepared by HUD in order to make the required legal transfers to the Economic Development Authority. Recommendation: The HUD office is requiring that the local Housing and Redevelopment Authority take formal action in the transfer of programs and responsibilities to the Economic Development Authority. By making these appointments the HRA commissioners can take the action needed to transfer these programs. Recommended Motion: Move to approve resolution No.2000-19 approving commissioners to the Columbia Heights Housing and Redevelopment Authority and related terms of office. COUNCIL ACTION: RESOLUTION NO. 2000-19 BEING A RESOLUTION APPROVED APPOINTMENT OF COMMISSIONERS OF THE COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS, the City has, by the adoption of a formal Resolution, duly created an authority (HRA) for the City of Columbia Heights, pursuant to Minnesota Statutes, Chapter 469 (Act), and WHEREAS, the Enabling Resolution provides that the Board of Commissioners of the HRA consists of five members, who shall be residents of the area of operation of the Authority, and WHEREAS, the Mayor has this day appointed the following Commissioners of the HRA for the terms as indicated: Marlaine Szurek Don Jolly John Hunter Julienne Wyckoff Gary Peterson Term ending 1/1/2003 Term ending 1/1/2001 Term ending 1/1/2001 Term ending 1/1/2003 Term ending 1/1/2003 and9 WHEREAS, the terms of the Commissioners shall coincide with their respective terms of office as a City Councilmember, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights hereby approves appointment of the above named persons as Commissioners of the HRA for the terms as indicated herein. Passed this Offered by: Seconded by: Roll Call: __day of ,2000 Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson COMMUNITY DEVELOPMENT DATE: February 28, 2000 TO: FROM: RE: Honorable Mayor Gary L. Peterson City Council Members Walt Fehst, City Manager William Elrite, City Clerk Kenneth R. Anderson, Community Development Directo.L~/ Consent Agenda Item 4-A-12, Resolution No. 2019. Please find attached a revised copy of Resolution No. 2019 which is recommended for adoption by the City Council at the meeting of February 28, 2000. The attached Resolution shows revised expiration dates for the Mayor and City Council members to serve as Commissioners of the Housing and Redevelopment Authority in and for the City of Columbia Heights. These dates correspond to the respective dates for the term ending for each respective Council member. Thank you for your attention to the revised Resolution. Attachment C: Randy Schumacher Day File H:\templates\consent agenda 2-28-2000.wpd CHAPTER 2 FORM OF ~OVERNMENT Section 6. FORM OF GOVERNMENT. The form of government established by this charter shall be known as the .Council-Manager Plan." Section 7. ELECTIVE OFFICES. The council shall be composed of a mayor and four council members who shall be qualified electors, and who shall be elected at large in the manner hereinafter provided. The four council members shall serve for a term of four years and until their successors are elected and qualified, except that for council members elected in 1995, one council position term shall expire on the first Monday in January of 1999. The other council position term shall expire on the first Monday in January, 2001. The terms of any council members elected at a general election in 1998 will expire on the first Monday in January of 2003. For council members elected in 1997, one council position term shall expire on the first Monday in January of 2001. The other council position term shall expire on the first Monday in January, 2003. The mayor shall serve for a term of two years and until a successor is elected and qualified, except that the term of the mayor elected in 1995 shall expire on the first Monday in January 1999. Thereafter, the Mayor shall serve for a term of two years and until a successor is elected and qualified. The council shall be judge of the election of the mayor and council members. (Ordimamce No. 1300, passed April 10, 1995) Section 8. INCOMPATIBLE OFFICES. No member of the council shall hold any paid municipal office or employment under the City of Columbia Heights, and until one year after the expiration of that member's termas council member no former member shall be appointed to any paid office or employment under the city which office or employment was created or the emoluments of which were increased during that member's term. Ordinance No. 1086, passed June 11, 1984) ~ Section 9. VACANCIES IN THE COUNCIL. A vacancy in the council shall · be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, cessation as a resident of the city, continuous absence from the city for more than three months, conviction of a felony of any such person whether before or after qualification, the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months or for any other cause as may be provided for in Minnesota Statutes, as amended. In each such case, at the next regular meeting following receipt of notice by the council of one of the foregoing conditions, the council shall by resolution declare such vacancy to exist unless further investigation is required. Notice of said vacancy shall be posted at city hall for a period of two (2) weeks from the date of the adoption of the resolution declaring said vacancy. Notice shall also be published in a designated city newspaper for a period of two (2) weeks as soon as possible after the date of the -2- AGENDA SECTION: NO: ITEM: License Agenda NO: CITY COUNCIL LETTEF Meeting of: February 28, 2000 ORIGINATING DEPT.: ~ CITY M/tNAGER License Department APPROVAL BY: Kath n Pepin DATE: February 25~ 2000 BY. ~ BACKGROUI~D/~NALYSIS Attached is the business license agenda for the February 28, 2000 City Council meeting. The applications for Contractor Licenses that appear on this agenda are renewals for the 2000 license year. There is also an application for a Single Event Club On Sale Beer License for the Immaculate Conception Home and School Association for their annual fund raising dinner/entertainment event on April 1, 2000. Please refer the attached letter requesting the waiver of fees. 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. RECOM~IEI~DED MOTION: Move to approve the items as listed on the business license agenda for February 28, 2000 and to waive the license fees for Immaculate Conception Church. COUNCIL ACTION: TO CITY COUNCIL February 28, 2000 *Signed Waiver Form Accompanied Application 2000 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS ADDRESS FEES BUILDING OFFICIAL *C.A.S.T. *Gavic and Sons Plumbing *Gilpin Plumbing, Inc. *Midway Mechanical *Minnesota Development, Inc. *Pasquale Fragale By Design *Powers Restoration Services *St. Marie Sheet Metal *Greg Wills Exteriors 4030 Central Ave. N.E. 12725 Nightingale St. N.W, 1532-164'" Ave. 593 N. Fairview Ave. 3989 Central Ave. 8347 University Ave. 680- 63'd Ave. N.E. 7940 Spring Lake Pk. Rd. 4246 Royce St. ~50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 SINGLE EVENT CLUB ON SALE BEER Police Dept. *Immaculate Conception Home & School Assn. Mary Pat Zwack 4030 Jackson St. April 1, 2000 REQUEST FEE BE WAIVED license.ag FOR A WHOLE NEW WORLD IMMACULATE CONCEPTION SCHOOL 4053 Quincy St. N.F. Columbia Heights, Minnesota 55421 (612) 788-9065 danuaW 24,2000 Columbia Heights City Council Columbia Heights MN 55421 Dear Council Members, The Home and School Association of Immaculate Conception School is presenting its fourth annual fund raising dinner/entertainment event on April 1, 2000. Last year several hundred dollars was raised to support Home and School Association projects. This fund will be used to improve school programs. Our dinner event is fairly small and not expected to generate much profit. We are asking that you please waive the city application fee for this event. Thank you for your support, time and consideration. Mary Pat Zwack Dinner Event Coordinator Immaculate Conception School MPZ/alg We believe that the purpose of Immaculate Conception Catholic School is to spread the gospel message, worship together as a community, give senate to ochers and work together for justice and global awareness, We strive to educate the whole child spiritually, academicafiy, emotionally, physically and aesthetically, We ~nteqrate faith into all aspects a{ the curriculum and provide a nurturinq environment {or qrowth, BRC F'INANC:IAL.. SYSTIZM 02/24/2000 16:32:12 F:'UND F:~'IiiZCAF:': F' UND ]b lEE: ,S C R I F:"T' I 0 hi 101 201 202 203 T~704 205 212 213 225 235 240 276 402 4:L5 60 :L 602 603 609 652 701 720 883 GIEETIqI!!:!:i~AI... CC)MIrIUNITY DliEVIZI...OF:'MIEENT F:'UI'I:O ANOI<A COUNTY (::][):[C~13 F:'AI:~I<VIli!:W V]:!...!_A I"tC)I:~TI'4 I~i:CC]!"IOM:I:C DE:VE:L..OF:'MEi:hlT AUTH SI~[(:;T]:ON 8 ,'.3TA"rE: AID MAINTlii:NANCE: F:'AF~I<VlliEW V:EI...L..A ,SC)I.JTH [:: A B L E "f' E L.. IE: V I S I 0 N F;,'IE:NTAI... 140U~3ING L.. I BRARY L..C)CAI... L..AW I[IqFrC)F~CE BI...K GRANT ~'T'ATE AID COtqSTF~UCTtOI,I [:~I::':I:TA!... II~F:'I:~C]~E]~E:NT - F:'IR CAF' E:QUIF' F~IZF:'LACIZ--'-GIEIqE:RAL. WATER LJTII...ITY ~]E:WER U'f:I:I..ITY REF:'USE F:'UND I... I (~)UC)R SE~ER CONSTRUCT:I:C)N F:'UI'4D CIZN'TI:~AL.. GAI:~GE DATA F:'F~C)CIESStNG CC)NTF~IBUTED PRC)OECTS-GE:N ]: I',ISU!~ANCIZ 'T'O'T'AL. AL..L. I::'UND,S BANK FL'Iii:CAF:': BANI< NAME: BAI',II< CFIE:CI<ING ACC'C]UNT TOTAL. AL.J... BANI<S q-A-m C'heck !-.lis'~.cn"y D I SBUF',:SE:MIE:N'T'!~ 46,6:L4.77 25:1.. :1.9 288 .. 39 t, 483 .. :1.7 640.73 4:!.3.62 39,500.00 :1., 083.72 2,787.13 98 .. 44 2,5:1, 0 ,, 85 :L, 028 ,, 88 1 :L, '288.46 887 .. 55 17,933.54 :L :!. , 835 .. 05 56,677 ,, 07 :LO:L, :1.25., 30 76,344.31 917..90 1,683,, 12 577 ,, 79 92 ,, 50 376 !, 566 ,. 02 t) I,SBUR,SEME:NT,'-[~ 376,566., 02 376,566.02 BRC F:'INANCIAL.. SYSTEM CITY OF COL.UMBIA I..IE;IGHTS 02/24/i7000 1. 6 GL 540F~-V06.00 PAGE Cl'~eck I.~:i. story 2/28/00 [Z;[3UNC]:L. BANK VL:[NDC)R CHE[Z~I< hlUMBEF~ AMOUN'T' BANK CHECI<ING AC;[];(3UNT AC:E I--IAI:L:DWARE ACS AIR TOUC!'I CFZLL. LJL, AR AL.,I... ,"i~A]]N'FS ):~q:~:Aiqi) I)ISTF~:IB AL..F:'HA AME]:;~ICAN WATI![F;~' W[]F~t<,S ASS ANOKA COLJIql'Y LIBF~:ARY ANC)KA COUNTY MOTOF~ VEHIC ANOKA CTY .... CENTI:~AL. COMM AF:'ACHE GROUF:' OF ARAMAR K AR]]E]S INDLJSTF~IES INC ASF:'EN EQLJIF:'MIE]'~FT' BAKI~[I~ & TAYI...OI=< BARNA GUZY & STEFF'EN LTD BATTERY CITY llqC BE[F::NICK AIqD I.,.]]::'SON BF:'I/WO[3DL..AKIE] SAN]]'T'AF~Y B I F:'F ' S ~, I IqC. BONEST'F~O0 ROSEIq!E ANDEF:3_I BOOK WHOI,.,ESAL.ERS INC BOYER TRUCI< F:'ART'S BRODART BRW INC C & D COMI~UIqlCATI[]NS CAF:'ITOL. F:'URNITURE SALES CATC[) J::'AJ:~TS SEEI:~VICI~[ CE~],FFRAL.. STORIES CHISAGO L.AI<IES DISTF~]]B!JT]] CITY BLJSII'.IIZS~ C:OCA-CC)L~ BO'FFL];NG MIDWE COL. L.E[:~TOF~ BOOKS C[:]MO L,,UBE & SUI::q::q,,,]:E~S CCq~IF:' LJS~ :I:NC: CP F~:{:LW~Y CYS UNIF:OF~MS D & F COMMUNICT:I:C)NS DANKA [:)F:'F'F:I:CE :[~A[:~:EN[:'~ C[:] DEM[:::O EAGL.JE W:I:hlE C[:]MF:'ANY E:DE t::'CX:XJ~ NEWSP~PEF~S F:'OUND~T:[Obl CIZN"FE:F~/'T'HE 84335 78.55 84336 827 ,, 61 84337 5 ,. 67 84338 353.40 84339 2,584., 95 84340 52.75 84341 24.30 84342 155.00 84343 570 ** 66 84344 81.00 84345 285 ,, 93 84346 545., 59 84347 56 ,. 81 84348 53.20 84349 17,933.54 84350 244.09 84351 195 ,, 00 84352 83., :1.8 84353 27 .. 00 84354 :!.00,557.00 84355 481.32 84356 9 :L 7.90 84357 97 .. 92 84358 7 .. 48 84359 17 .. 15 84360 58.97 84361 11,788.46 84362 538.50 84363 870.6 :!. 84364 4 :l.., 15 84365 49.22 84366 1,355., 00 84367 73 ,, 00 84368 632 ,, 91 84369 19.72 84370 80 .. 00 8437 :L 53 .. 24 84372 39,500 .. 00 84373 :1.99.54 84374 2 , 086.75 84375 4:1.7 .. 49 84376 21 :L .. 75 84377 83:!. ,, 05 84378 :L 7,756 .. 00 84379 107.95 84380 3.92.40 8438:1. 304.50 BRC F'IIqAI'~CIAI... SYSTEM CITY OF C, OL. LJMBIA I'iE{IGHTS 02/24/2000 16 Cl"Keck History GI...540Fb-.V06.00 PAGE] 2 2/28/00 COUNCIL BANK VEblI)OR C;HE:[:;!{ blLJMBE]:( AM[]UN"r BAblI( CHE]CKING ACCOUblT G & K GEI,ILJtI,IE F'AI;,'TS/t,IAF:'A AUTO GILBERT MECHAI,IICAL. C.)L.E],U,.JOOD INGL. EWOC]D GI...OCK tI',IC GOF'HE}~ STATE2 OI'IID'-CAI...I... IH GF;,'IGGS-CC)OF:'E:F;: & CO I'iOHEI'ISTEXI]'IS ZI:NC HOLIC::HEI'I 9INDIEF~Y I...TD :EF:'C F'RII'IT:I:NG O'--'C:RAF'"f' II,lt JOE ,%(:;Ht'IiI:TZ Bi:)C)I<'~E~EI..L. EiF;: JOHI"ISON BF;,'OS. L. IQL,1C)f';,' JOI"II~I'iE~C)}'I F'A'F'ER & SUF:'F:'L.Y C JUSTU,~E·] LJJMBEF;: COMF:'AblY K MART KEI'ff'IEiDY & GF;,"AVEbl KIJETHEZR DIST. I..AGEF[:QUIST CC)F;:F:' L,tJBIE: "-TECH MADDEii!q & ASSOC]IATE]S/F:'Ir<Abl I'd~I:;:K ViIi I DIST. MEiDTOX L. ABOF::~TOF;: IIES, I NC MEiDTRC!I',IIC !::'HYSIO CONTF;ZCIL MEiI'h'~FZDS C~SHWAY L. UMI{{EiIb"I= ME'rF;ZO WE/I...DING SLJF:'F:'LY METF~:OPOL. IT~N COUI-IC IL. MIDWAY F:'OF;:D Mtl)WIEiST I...OCK & S~F:'E MINNEAPCd...IS SAW CC). MII-IblIEi,~i~OT~ DIEF:"~F:fEMIE/brf' OF:' MIIqI, IESCrTA I)IiEiF:'T OF' REVENU MINIqlESCYf'~ MIJI./l'I HC)USING MIIqI-!IEi,SCrY'A SUN F:'UBL. IC:A]FIO MN AL]]"O DAM~GIE ~F:'F:'F~:~Ii,SER MO!:;:"!Obl MR NIE{T MOF?.'rH ST~R IC;E: blOTT CO I,ICIMEI...!... II'.IC O(i;CLJF>ATIC)I:IAI.. DIEiVE]...OF:'MIEilblT OF:'F:'ICE i)IEPOT OI._SOI,I'S F:'I..,tJMglNC~ OI...YNY K/F:'AT 0 R K I N PAM 0II... II,IC 84382 211.48 84383 :1. 3:1. ,. 19 84384 365.00 84385 54 .. :1.0 84386 7:1... 79 84387 49 ,, 00 84388 3,910.37 84389 6,302 ,. 60 84390 184.40 84391 34.03 84392 552 .. 58 84393 22 ,, 20 84394 9,426 .. 02 84395 :!. 80 ,, 23 84396 33.92 84397 4.78 84398 334 .. 36 84399 :1. 8,600.20 84400 384.23 84401 43 ,. 84 84402 2,964.00 84403 7 , 050 . 74 84404 15.00 84405 43 ,. 00 84406 168.00 84407 329.83 84408 37.17 84409 54,352 .. 00 844:1. 0 3.97 844:1. :l. 39.45 844 :!. 2 159.7 :l. 844:1. 3 8, :l. 51 .. 00 84414 50., 00 84415 :l. 80.00 844:!.6 340., 30 844:1.7 92.50 84418 2,384.03 84419 224., 55 84420 126.70 84421 352 .. 77 84422 300.00 84423 473.31 84424 988.46 84425 1 , 095.00 84426 874.82 84427 48.40 84428 159.52 BF;,'C FrlNANCIAI.., SY,S'rliEM (Z;I'f'Y OF COI.,.UMBIA HEIGHTS 02/24/2.000 16 GI...5401:;,'...-V06.00 PAGEZ 3 Checl< H:i.s'tory 2/28/00 COLIIqC:I:L BANK VENDOR [;HEZC:I{ Iqt..IMBE]:~ AM[)UhFT' BANI< CI"Iliil?KII'IG ACCOUNT PAF;:K SUF:"F:'LY INC F:'AUSTIS & ,SONS F:'C ,SO[.t.J"f'I[)lqS F:'EACH'rF;:EE BUSIblEZ,SS F:'F:,'ODU F:'E]>,'.i~;I-CC/L~-7 UF:" F:'HII_.L. IF:'S WINE & SF:'IRTS F:'I..UNKETT ' S, I NC F:'RIOF;-: WZI]qEZ F;:ADIO SHACI< F;-:OY AL. T I RE F;:UG[{i',S RET[:[JMMEE]qDATI[)I:LS ,SCHII'IDI...E]::,' ELEVATOR CC]F;~F' ,~ C 0 'T' T / V E R ht 0 bl SOUTHERN AI'-IOK~ C, OUNTY CH SF:'OR'T'S TLJRF MAI:IAGI~]:;~,c.'~ SQLJlii]EiE(3E]ii; F:'RO WINI)OW CLEZA ST J[)SEPH'S EQLJIF:'ME]'IT STFi:EIC, HEE]:;Z GIJN'S ]ZMC/DON ,SI.JBLJRBA!"I AIR 'Y'AUTGES !, F;:EDF:'ATH, & (2(21.. TEZCHII::'AX BUSINESS SY,S'flll]"l 'Y'F::ANS..'-AI...~Ir.:M UI,IIV!E!]:::,~i~ITY []IF:' MINNEZS(]'rA V I I,ITAGEi~ CtNlii: W I NEE: ~ I I-IC .. WA'T'EZR Ei:I',IVIRONMEZNT FE:I)EZF;,'~ WE:-%'T'E:F;:N BADGE & TF::OF:'HY C W:[ L.L. IAM MA'T'TS[)N WINE: (:;OMPf:MqY/THlii: OJOF;:L.D CL.A,S,S WZI:NE: ZIE:C~LER :[IqC 84429 223 ,, 86 84430 142 ,, 00 84431 2,289 ,, 95 844:32 116.00 84433 195.67 84434 4,5:1.6 .. 52 84435 70.30 84436 3,005.39 84437 14.89 84438 :1. 63 .. 60 84439 24.95 84440 178 .. 62 84441 90.00 84442 36.00 84443 110.00 84444 50 .. 00 84445 2,406.90 84446 968.13 84447 4,390 .. 00 84448 6,431 . 75 84449 8.00 84450 21 , 400 ,, 93 84451 120.00 84452 460.35 84453 85.00 84454 87.77 84455 440.00 84456 489.34 84457 189.96 84458 2,554 .. 38 376 , 566 .. 02 *** CITY COUNCIL LETTER Meeting of February 2~, 2000 AGENDA SECTION: Consent NO. I ITEM: Authorization to attend out of town Conference NO. ORIGINATING DEPARTMENT POLICE BY: Thomas M. Joh0~5 DATE: February 14, 20 CITY MANAGER APPR BACKGROUND: Annually there is a State law enforcement Explorer Conference sponsored by the Boy Scouts of America. This event is one of the highlights of the Explorers' year. All of the training that the Explorers have completed during the year will assist them in the statewide competitions that take place at this event. ANALYSIS/CONCLUSION: The breakdown of the cost for this event is as follows: Four Explorers @ $150 = $600 One advisor @ $150 = $150 The total cost would be $750 for the conference. This year's conference will be held April 27-30, 2000, at Breezy Point. Funds to cover this event are budgeted for in the Police Department budget. RECOI~II~IENDED MOTION: Move to authorize the attendance of Officer Joe Sturdevant as advisor, and four police Explorers at the 2000 State law enforcement Explorer Conference on April 27-30, 2000, at Breezy Point, Minnesota. Cost to be covered out of the 2000 Police Department budget. TMJmld 99-052 COUNCIL ACTION: AGENDA SECTION: Consent NO. ITEM: Establish date for Public Hearing, Federal NO. Block Grant for Equipment Purchase CITY COUNCIL LETTER Meeting of February 28. 2000 ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: February 15, 20~) CITY MANAGER APPROVAL: BACKGROUND: In August 1999, the City Council approved the acceptance of a federal equipment block grant in the amount of $23,945 with a match of $2,661. This was approved at the August 23, 1999, City CounciI meeting. On February 15, 2000, a review committee made up of department members, the City Attorney, a district judge, a junior high principal, Anoka County Corrections, the Anoka County Sheriffs Office, a local businessman, a local pastor, and a representative from Immaculate Conception Church and School met to review this list and offer any ideas for changes. The list was approved as stated. RECOMMENDED MOTION: Move to establish a public heating date of March 13, 2000, regarding the purchase of equipment with federal block grant money totaling $23,945 with a $2,661 match by the City, and to approve the proposed list of equipment to be purchased with these funds. TMJ:mld 00-56 COUNCIL ACTION: Census 2000 Proclamation City of Columbia Heights WHEREAS, the next 2000 Census will determine apportionment of seats in the United States House of Representatives, state legislatures and local governments, and is the basis for the allocation of Federal funding; and, WHEREAS, the City of Columbia Heights is committed to a furl and accurate Census count and is placing special emphasis on enumerating members of traditionally undemounted population groups. THEREFORE, I Gary L. Peterson, Mayor of the City of Columbia Heights, on this 28th day of February, 2000, hereby proclaim Census 2000 as a top priority for all elected and appointed officials, and encourage the community to place an emphasis on partnering with the United States Census Bureau in achieving an accurate and complete count in Census 2000. Gary L. Peterson Tifie COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: February 28, 2000 AGENDA SECTION: Recognition NO: 5 - D ITEM: Appointment and Introduction of New Planning & Zoning Commissioners ORIGINATING DEPARTMENT: CITY MANAGER'S BY: Walt Fehst DATE: February 25, 2000 CITY MANAGER'S Mr. Dan Shattuck, 3801 Van Buren Street NE and Mr. Steve Johnson, 5029 6th Street NE will be present to be introduced and appointed as Planning and Zoning Commissioners. Dan ShaRuck Term ending: Ap~ll,2004 Steve Johnson Vacancy - Term ending: April 1, 2001 MOTION: Move to appoint Dan Shattuck to a four year term, ending April 1, 2004 on the Planning and Zoning Commission, replacing the designated City Councilmember representative. MOTION: Move to appoint Steve Johnson to the vacant Planning and Zooming Commission term, which expires on April 1, 2001. COUNCIL ACTION: h:~appointP&Z CITY COUNCIL LETTER Meeting of: 2/28/2000 AGENDA SECTION: PUBLIC HEARINGS NO: ~ A ITEM: RESOLUTION ADOPTING RATE STRUCTURE FOR STORM WATER UTILITY ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen DATE: 2/23/00 CITY MANAGER Background: The City Council accepted the report titled "Financing Columbia Heights' Stonn Water Management Program," dated November, 1999, at the December 13th, 1999 regular meeting. An enabling ordinance was adopted by the City Council at their August 9th regular meeting. The intent of the ordinance is not to set the rate structure, but to establish the Council's ability to establish a storm water utility fee system. The rate structure will follow the ordinance, in the form of a City Policy, after a period of public review and comment. A summary of that public involvement process is provided and the recommended policy which establishes the rates for Council consideration. Analysis/Conclusions: The public improvement approach involving meetings, newsletters, and cable broadcasts can be summarized as follows: 2. 3. 4. 5. A full page article was included in the 'Fall' Heights Happenings newslei~er which is delivered throughout the City. A notice was sent out to 6,446 residential billing customers providing additional information with an invitation to an informational meeting on January 31 ~t at Murzyn Hail. An 'Open House' style informational meeting was held on January 31st for residential customers. Eighteen individuals attended. A -15 minute presentation was taped and will be rebroadcast over the cable channel describing the need and intended use of a Storm Water Utility. A similar notice was sent out to 662 business and apartment owners on February 2nd, inviting them to a 'Open House' at Murzyn Hall on February 9th, from 2:00 to 5:00 PM. Three individuals aitended. Recommended Policy: The f'mal report recommends a rate to single family residential customers at $1.48 per month. All other rates are calculated on a parcel area basis multiplied by the Utility Factor as described in the report and ordinance. The Finance Director and myself are recommending that both the sanitary sewer and refuse rates be reduced which should provide an offset approximately equal to the $1.48/month cost to single family residential customers. The City does not provide refuse pickup to commercial properties, so the rate reduction will not impact these customers as much. Public Works has met with the Finance Departraent and it is our recommendation that the rates become effective on utility bills after April 1, 2000. The policy provides that the fee basis is determined by Land Use. Our original source was the City's Zoning Map. We have found that the actual land use does not correspond to the parcel zoning in certain cases. Therefore, Public Works is using a variety of sources to verify the actual land use in determining the finaI Storm Water Utility rates. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/28/2000 AGENDA SECTION: PUBLIC HEARINGS NO: ITEM: RESOLUTION ADOPTING RATE STRUCTURE FOR STORM WATER UTILITY ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: K. Hansen BY: DATE: 2/23/00 DATE: Continued - Page 2 I am recommending Council consideration of the Storm Water Utility Policy that adopts the rate slmcture be conducted in a Public Hearing format. SEH would make a final presentation to the City Council at the February 28th, 2000 regular meeting and then be available to respond to any questions from the Council or Public. A summary of the typical questions/comments posed at the public informational meeting(s) with staff responses can be summarized as follows: 3 4 5 Why not charge residential properties (R1) on an area basis? I am not recommending that single family parcels be calculated on an area basis due to the reality that it would not provide an overall benefit to R1 properties. If one were to look at the City Zoning Map, R1 parcels are relatively uniform in size throughout most of the City. There are small development areas, such as along Hart and Silver Lakes, where the parcels are larger. but overall, a straight unit basis is strongly recommended. Will other costs, such as street sweeping, be correspondingly reduced in the budget areas where they are now charged out? Yes. The proposed 10 year Storm Water Management Program indicates $16, 100 per year for street sweeping. Subsequent budgets would reflect reductions in those areas where staff time or other costs are currently charged out. What if l do not agree with the runoff calculation or parcel area the city has for ~v parcel? The ordinance has a process whereby an owner of a parcel can appeal the proposed fee charge. Staff would then re-examine all factors used in computing the fee on an individual basis, including specific site measurements, if necessary. All parcel owners should be re-noticed to inform them of their individual charges'? I received less than twenty phone calls regarding the proposed utility since notices of the public informational meeting went out. The vast majority of them where exactly this - what is the charge to my parcel. I do not think noticing residential properties in necessary as the rate is uniform and essentially offset by reductions to the sanitary and refuse. We certainly could send out an additional mailing to the -662 parcels within the business community, if the Council desires. How long will the offietting rate reductions be in place? The proposed rate reductions will be maintained as long as long as they can be sustained, but are certainly not permanent. It is our estimate that the rate reductions can be sustained for three to five years, with all else being the same. This does not take into account other increases contemplated on an annual basis or other increases in the rates that the city pays, such as to MCES or BFI. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/28/2000 AGENDA SECTION: PUBLIC HEARINGS NO: ITEM: RESOLUTION ADOPTING RATE STRUCTURE FOR STORM WATER UTILITY ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen DATE: 2/23/00 CITY MANAGER BY: DATE: Continued - Page 3 Recommended Motion: Move to waive the reading of the Resolution, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2000-15 being a Resolution which: Adopts the rate structure for a Storm Water Utility. Reduces the sanitary sewer rate from $2.00/ 1000 gallons to $1.93/ 1000 gallons. The minimum charge would become $31.76. Reduces the refuse collection charge by $1.00/month for all container sizes for single family and 5% for multi-dwelling units. The effective date of the addition of a Storm Water Utility fee and reductions in the Sanitary Sewer and Refuse rates would be April 1, 2000. KH~jb Attachment: Resolution Proposed Policy COUNCIL ACTION: RESOLUTION NO.2000-15 ESTABLISHING RATES FOR A STORM WATER UTILITY REDUCING RATES ON SEWAGE DISPOSAL AND REFUSE COLLECTION Whereas, the attached policy defines the structure for establishing rates for a Storm Water Utility, and Whereas, Ordinance 1397 established a Storm Water Utility for Columbia Heights. NOW, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that: In accordance with the Storm Water Management costs as identified in the engineering report titled: 'Financing Columbia Heights' Storm Water Management Program,' dated November, 1999, the following rates shall be put into effect as of April 1, 2000, on all billings rendered thereafter: Storm Water Utility Rate Structure: The storm water utility rate shall be calculated on a monthly basis per single family unit for R-1 and R-2 zoning and on an area basis for all other zoning. The proposed rates, monthly, are as follows: Zoning Rate R-1 $ 1.48/unit R-2 $ 1.92/unit R-3 $ 9.87/acre R-4 $ 9.87/acre RB $19.22/acre LB $19.22/acre GB $21.74/acre CBD $21.74/acre 1 $16.96/acre I- 1 $19.22/acre MWW $ 2.57/acre Sanitary Sewer Disl3osal Rate The minimum sewer disposal charge shall be reduced from #33.00 per quarter to $31.76 per quarter on a quarterly basis per family unit for the first 16,457 gallons (2,200 cubic feet); and the sanitary sewer disposal rate charge shall be reduced from $2.00 per 1,000 gallons to $1.93 per 1000 gallons. 3. Refuse Rate The monthly refuse rates shall be reduced by $1.00 per month for residential and 5% for multi- family service refuse levels only. The rates for all other services shall remain the same as most recently established by Council Resolution. BE IT FURTHER RESOLVED that all foregoing rates are reduced to meet offset the cost of the Storm Water Utility fee for the City of Columbia Heights residents for these respective services. Dated this 281h day of February, 2000. Ofl~red by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor Patty Muscovitz, Deputy City Clerk Columbia Heights Storm Water Utility City Policy Establishing Rates Policy Statement All properties within the City of Columbia Heights shall contribute to the Storm Water Management Utility in an amount proportional to the runoff contributed by each particular parcel. Exemptions Street and Highway Right-of-Way - Street and highway right-of-way shall be exempt from all charges. Lakes - Lakes listed by the Minnesota Department of Natural Resources as Natural Environment Waters, Recreational Development Waters or General Development Waters shall be exempt from all charges. Wetlands - Wetlands on all nonresidential property which are not part of a formal storm water management system and which are maintained in a natural state shall be exempt from all charges. City-owned Property - All City-owned parcels, including park land and easements, will be exempt from all charges. Fee Basis Land Use - Land use for determining storm water utility fees shall be the existing land use at the date of enactment of the Storm Water Utility Ordinance. As land is developed, or redeveloped, the fees will be re-computed based on the revised land use. If downstream facilities (storm sewers, ponds, etc.) have been developed in anticipation of future development, undeveloped property shall be treated as fully developed. Soils - Natural Resources Conservation Services (NRCS) - Type B soils shall be assumed for determining the runoff index (CN) in the revenue equation. Rainfall (P) - A 2-inch rainfall will be used in the revenue equation. Runoff Indices (CN) - The runoff indices for the property classifications are as follows: Storm Water Utility Policy Page 2 Classification Land Use Utility Factor (CN) 1 Single Family Residential District 72 2 Two Family Residential District 75 3 Three Family Residential District 80 4 Manufacturing 88 5 Retail Business District 90 6 Limited Business District 90 7 General Business District 92 8 Central Business District 92 9 Neighborhood Business 88 10 Light Industrial District 88 11 Heavy Industrial District 90 Revenue Equation - The revenue equation for computing the runoff volume (Q) shall be based on the runoff equation in the Soil Conservation Service (SCS) National Engineering Handbook Section 4 ~ Hydrology. The equation is as follows: Q - (p_0.25)2 P + 0.85 where S + (1000/CN) - 10 andp=2" Credits Storm Water Utility fees may be adjusted under the conditions stated below. It shall be the responsibility of the property owner to provide justification for the fee adjustment. Credits must be applied for by (date) of the year preceding the year in which the credit is to be considered. Storm Water Retention - If it can be demonstrated that an individual parcel retains all or a portion of the rainfall that it receives, the storm water management fee will be reduced by a percentage equal to that percent of the parcel which produces no external rimoff. A fee reduction of 20 pement or greater must be demonstrated if the credit is to be applied. Low Income - The storm water management fee will be waived for any property owner with income which is or below an established minimum income for the year prior to issuance of any charges. This credit must be applied for each year. This credit shall consider the County's established general assistance level. Storm Water Utility Policy Page 3 Property Under-utilization - If it can be demonstrated that a parcel's existing land use is developed to a lower density than assumed in the fee determination, and that no downstream improvements have been constructed based on potential development of the parcel, a reduction in fee may be considered. Water Oualitv Facility - Those parcels having facilities constructed specifically for the purpose of water quality enhancement may be eligible for a credit. The credit will be based on the removal efficiency of the facility. The property owner shall provide the calculations demonstrating the phosphorus removal efficiency of the facility. The property owner shall provide the calculations demonstrating the phosphorus removal efficiency of the facility. The credit will be equal to 60 percent of the phosphorus reduction pementage. A fee reduction of 20 pement or greater must be demonstrated if the credit is to be applied. Adjustment of Fees Storm Water Utility Fees will be adjusted under the following conditions. Revision of Storm Water Utility Revenue - The estimated expenditures for the management of storm water shall be revised at a frequency determined by City Council. The fees will be adjusted accordingly and will follow established City procedures for this adjustment of utility (water and sewer) rates. Application for Credit - The City shall establish and utilize a credit application form for consideration of fee reduction. It is the responsibility of the property owner to apply for a credit. Change in Developed Condition of Parcel - In the case of residential property, the revised utility rate will take effect immediately following occupancy of the dwelling. With all other development, the revised utility rate will be applied as soon as drainage/water quality features are developed. CITY COUNCIL LETTER Meeting of February 28. 2000 AGENDA SECTION: Public Hearings NO: ~' ~ ITEM: Public Hearing for Revocation/Suspension of Rental Housing License NO: ORIGINATING DEPARTMENT: Fire BY: Dana Alexon DATE: February 24, 2000 CITY MANAGER APPROVAL DATE: A rental license revocation/suspension public heating was established for the Council Meeting of February 28, 2000, after this hearing was established it was noted that the owner of the property had not received proper notification of the revocation hearing. Assistant Chief Alexon is recommending that the Council open the public heating and table the matter until the next scheduled City Council Meeting. RECOMMENDED MOTION: Move to Table the Matter of Rental License Revocation or Suspension of the Rental License Held by Thomas Brooks Regarding Property at 4328 6th Street NE to the March 27, 2000 City Council Meeting, in that the Property Owner has Requested Additional Time to Correct Deficiencies at the Property. COUNCIL ACTION: CITY COUNCIL LETTER AGENDA SECTION: Public Hearings NO: L9 ' C, ITEM: StarBar and Grill NO: Intoxicating Liquor License Violation Issue Statement: Meetin~ of: February 28, 2000 The StarBar and Grill located at 4005 Central Avenue NE has violated the City of Columbia Heights intoxicating liquor license ordinance. Background: On November 15, 1999, the City Council approved a Conditional Use Permit to allow the operation of the StarBar and Grill, subject to two 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. The Community Development Department was recently informed that two pool tables were added to the restaurant resulting in the loss of some seating. As a result, the Building Official inspected the property on February 14. Analysis: The Building Official counted 70 permanent seats in the restaurant. Please note that the intoxicating liquor license ordinance requires a minimum of 150 permanent seats, and the floor plan submitted with the Conditional Use Permit application indicated that there would be 165 permanent seats. The restaurant is in violation of the City liquor ordinance and the approved Conditional Use Permit. According to Section 5.503(16) of the liquor ordinance, the City Council may suspend or revoke any intoxicating liquor license for the violation of this ordinance. License revocation must be preceded by ten days written notice to the licensee and a public heating. However, the Council may, without notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. Recommendation: Staff recommends that the City Council suspend the license, pending a public hearing on the revocation of the license which would be held during the February 28, 2000, City Council meeting. The notice was sent to the business owner on February 17, 2000 which provides the necessary 10 days notice. Should the applicant install the required seating between now and February 28, the item could be removed from the February 28 Council agenda. Please note that staff will be inspecting the property on February 25. Recommended Motion: Move to suspend the intoxicating liquor license for the StarBar and Grill at 4005 Central Avenue NE until such time as the minimum license requirements are met. Attachments: COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS 590 40iN AVENUE N.E.. COLUMBIA HEIGHTS, MN 55421-3878 (612) 7~2~2800 TDD 782-2806 February 17, 2000 COMMUNITY DEVELOPMENT DEPARTMENT Mr. Robert Fizell Zachary Properties, Ltd. 6418 110a' Avenue North Champlin, MN 55316 Re: Intoxicating Liquor License Violation Dear Mr. Fizell: The Columbia Heights intoxicating liquor ordinance requires that a minimum of 150 permanent seats be maintained for an intoxicating liquor license. Community Development Department staff has recently received complaints about the loss of some seating in the StarBar and Grill. As a result, the Building Official inspected the property on February 14, 2000, at which time 70 permanent seats were counted in the restaurant (see attached). As a result, the establishment is in violation of the City liquor ordinance. Also, the approved floor plan that was submitted with the application tbr a Conditional Use Permit to operate a restaurant indicated that I65 permanent seats would be provided. According to Section 5.503(16) of the liquor ordinance, the City Council may suspend or revoke any intoxicating liquor license for the violation of this ordinance. Also, Section 5.404(7) of the City Code states, "No more than 8 games of skill shall be allowed at any one site or place of business." A public hearing has been set to suspend the intoxicating liquor license for the StarBar and Grill at 4005 Central Avenue NE. The hearing date will be Monday, February 28, 2000, at approximately 7:00 p.m., in the City Council Chambers of City Hall, located at 590 40I" Avenue NE. Please note that the City will inspect the property again on Friday, February, 25, 2000, and if at least 150 permanent seats are provided at that time, the license suspension can be removed from the City Council agenda. The City appreciates your investment and continued efforts to improve your business in Columbia Heights. Also, please note that a committee is currently in the process of reviewing the liquor license ordinance, and you ~vill be notified of any changes that may affect your operation. Do not hesitate to contact me at (612) 706-3673 if you have any questions or need additional intbrmation. Thank you in advance for your cooperation on this matter Sincerely, j,~e Hollman City Planner Enclosures co: City Attorney License Clerk SECi~ON 2 5.503 (1) Definitions shall be as follows: L F (a) The term intoxicating liquor shall mean and include ethyl elcoho~ and in- clude distllled~ fermented. sptritous, vinous, and malt bevera=es containing in excess of 3.2% of alcohol ~y weight. (b) The terms ~ale and seI,l,mean end Incl~de all hartera and all manners or means of furnishlug intoxicating liquor or liquors as above described in violati.'-. or evasion of law and.also include the usual meaning of terms. (c) The term on-sale means the sale of intoxicating llquor by the glass or by the drink for consumption on the premises only. (d) The ter~ off-sale means the sale of intoxicating llquor in the origlnal package in retail stores for cousu~ption off or away from the prcmlses where sold. (e) The terms package mr original package means any corked or sealed con- tainer or receptacle holding intoxicating liquors. (f) The term hotel means and includes any esta%1ishment having a resident pro- prieto~ or manager, ~here, in considara=tcn of pa)*ment therefor. food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than one hundred (lOO) ~ue~t rooms wi=h bedding and other usual suitable and necessary furnishings in each room, which'is provide at the main entrance ~ith a suitable lobby, desk, and office for the regis- tration of its guests on the ground floor, which employs an adequate staff to provide suitable and ususl service. ~ud uhich maintains under the same managcment and control as the rest of the establlsb~nent and has, as an inte- gral part thoreel, a dining room with appropriate facilities for seating not less than one hundred (100) guustW at one time, where the general public ares in considcration of pa>=ent thereof, served with meals at tables. (0rd. 1029, el. 12/22/82) The term restaurant means any establishment, other than a hotel, under the control of a single proprietor or manage=, Saving appropriate facilities for the serving of meals, and where, in consideration of payment therefor, meals are regularly served at tables to the general public, and which em- ploys an adequate staff to provide the usual and suitable service to its guests. Such establishment shall have facilities for seating not less than one hundred ~ifty (150) guests at one time. At least forty percent (40%) of the annual receipts of the establishment muse result from the sale of food. (h) Any bowling alley wi~h not less than fifteen C15) lanes and with appro- priate facilities for the serving of food to not less than thirty (30) per- sons. Such establishment may include bowling receipts with food receipts for ourposes of calculaKing ~he sixty percent ~60%) food receipt require- menu'of Section 5.503(1!)(p) and may include the area of ins bowling lanes in the minimum dining area requirement for purposes of Section 5.503(10)(z,. The Twin City Metropolitan Area is defined as being comprised of Anoka, Carver, Dakota, HennaTin, Ramsoy, Scot: and Washing=on Coun[ies. - 171 - 3 · ~///'//' // / ~ / / / / O. 0 O 0 O o 0o o. '~ i% 5 COMMUNITY DEVELOPMENT DATE: TO: FROM: RE: FEBRUARY 28, 2000 MAYOR CITY COUNCIL CITY MANAGER JOE HOLLMAN, CITY PLANNER~ REMOVAL OF THE INTOXICATiNG LIQUOR LICENSE SUSPENSION AT 4005 CENTRAL AVENUE NE FROM THE FEBRUARY 28, 2000, CITY COUNCIL AGENDA The Columbia Heights intoxicating liquor ordinance requires that a minimum of 150 permanent seats be maintained for an intoxicating liquor license. Community Development Department staff recently received complaints about the loss of some seating in the StarBar and Grill. As a result, staff inspected the property on February 14, 2000, at which time 70 permanent seats were counted in the restaurant. The business owner was notified of the violation on February 17, 2000, and he was informed that a public heating would be set to suspend the intoxicating liquor license for the StarBar and Grill at 4005 Central Avenue NE for Monday, February 28, 2000. He was also informed that the property would be reinspected prior to the heating and if at least 150 permanent seats are provided at the time of the reinspection, the license suspension could be removed fi'om the City Council agenda. Staff met with the owner of the StarBar and Grill on Monday, February 28, 2000, to review the seating. The number of seats were counted, and 150 are provided, so the property is in compliance with the intoxicating liquor ordinance. As a result, staff is requesting that the item be removed from the February 28, 2000, City Council agenda. cc: Robert Fizell CITY COUNCIL LETTER AGENDA SECTION: Items for Consideration NO: Other Resolutions ITEM: Metro Transit Restructuring Study NO: Resolution 2000-20 Meeting of: February 28, 2000 Issue Statement: Metro Transit has prepared a draft Restructuring Study Service Plan which will impact transit service in Columbia Heights. Background: The City Council discussed the draft Plan during their meeting on January 24, 2000, and unanimously opposed the proposed changes which would eliminate certain routes in Columbia Heights. The Council met with representatives from Metro Transit during a work session on February 7, 2000. At that time, it was determined that Metro Transit would evaluate the possibility of increasing coverage in Columbia Heights. Staff anticipates that the proposed revisions will be received on February 25, 2000. Please note that the public comment period ends on March 1, 2000. Analysis: At the time this letter was written, staff has not seen or reviewed the proposed revisions. However, the following analysis is provided based on a telephone conversation that the Planner had with the Project Manager from Metro Transit ea~ier in the week. It appears that an hourly route may be provided from the Transit Hub then east on 40th Avenue until Reservoir Boulevard. The route would then travel noah along Reservoir Boulevard and then east on 44th Avenue until Arthur Street. It would then travel south along Arthur Street until 40th Avenue then continue east into Apache Plaza. The route would then proceed to Rosedale Mall. Staffwill verify this information after reviewing the proposed revisions and verbally report our findings during the February 28, 2000, City Council meeting. Recommendation: Attached, please find two resolutions numbered 2000-20. One of these resolutions is labeled "Support" and the other is labeled "Object". Based on Council's reaction to the proposed revisions, staff is recommending that either the resolution in support of the plan or the resolution objecting to the plan be utilized. Please note that the same motion can be used for both resolutions. Recommended Motions: Move to waive the reading of Resolution 2000-20, there being ample copies available to the public. Move to adopt Resolution 2000-20, a resolution of the Columbia Heights City Council pertaining to the revised Metro Transit Restructuring Study Service Plan. Attachments: Resolution 2000-20 COUNCIL ACTION: SUPPORT RESOLUTION 2000-20 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL PERTAINING TO THE REVISED METRO TRANSIT RESTRUCTURING STUDY SERVICE PLAN. WHEREAS, on January 24, 2000, the Columbia Heights City Council reviewed and discussed the draft Metro Transit Restructuring Study Service Plan; and, WHEREAS, on January 25, 2000, the Columbia Heights City Manager sent a letter to Metro Transit stating that due to the elimination of certain routes in Columbia Heights, the City Council is unanimously opposed to the proposed changes to service in Columbia Heights; and, WHEREAS, the Columbia Heights City Council met with representatives from Metro Transit at a City Council work session on February 7, 2000; and, WHEREAS, it was determined that Metro Transit would evaluate the possibility of making changes to the Restructuring Study Service Plan to provide more coverage in Columbia Heights; and, WHEREAS, the City of Columbia Heights received the proposed revisions to the Metro Transit Restructuring Study Service Plan on February 25, 2000; and, WHEREAS, the Columbia Heights City Council reviewed and discussed the proposed revisions during their meeting of February 28, 2000. NOW, THEREFORE BE IT RESOLVED THAT the Columbia Heights City Council hereby supports the revised Metro Transit Restructuring Study Service Plan. PASSED THIS Offered by: Seconded by: Roll Call: __ DAY OF ,2000. Mayor GaryL. Peterson Patricia Muscovitz, Deputy City Clerk Metro 'rransit M-f8 Southbound February 2000 ROUTE M-I~, SOUTHBOUND Totals WEEKDAY Bus Stop On Off E Only 0 0 Apache Plaza Bus Layover 0 0 Apache Plaza Transit Lane 0 0 Perimeter Rd. 39 Ave. N.E. 8 0 39 Ave. N.E. Apache Lane 2 0 Stinson Blvd. 39 Ave. N.E. 0 0 40 Ave. N.E. McKinley St. N.E. 2 0 40 Ave. N.E, Benjamin Place N.E. 0 0 40 Ave. N.E. Cleveland St. N.E. 0 0 40 Ave. N.E. Arthur St, N.E. 0 0 40 Ave, N.E. Hayes St, N.E. 0 0 40 Ave. N.E. Polk St. N,E. 1 0 40 Ave. N,E. Tyler St. N.E, 1 0 40 Ave, N.E. Reservoir Blvd. 0 3 D. Only 3 0 Stinson Blvd. Water Tower 0 0 Stinson Blvd. 45 Ave. N.E. 1 0 45 Ave. N.E. Heights Dr. 0 0 45 Ave. N.E. Chatham Rd, 2 0 44 Ave. N.E, Arthur Place N.E. 0 0 44 Ave. N.E. Tyler St, N.E, 0 0 44 Ave. N.E, Reservoir Blvd, 1 0 Reservoir Blvd, 43 Ave. N,E. 1 0 Reservoir Blvd, McLeod St. N,E. 1 0 Reservoir Blvd. 42 Ave. N.E. 1 0 Reservoir Blvd. Circle Terrace 1 0 Reservoir Blvd. 41 Ave. N.E. 1 0 Reservoir Blvd. 40 Ave. N.E. 2 0 DE Only 3 0 40 Ave, N.E. CircJe Terrace 0 0 40 Ave. N.E. Circle Terrace/fi965 0 3 Grand Route 18 Totals-- .:: :-790 ~.~J67 OBJECT RESOLUTION 2000-20 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL PERTAINING TO THE REVISED METRO TRANSIT RESTRUCTURING STUDY SERVICE PLAN. WHEREAS, on January 24, 2000, the Columbia Heights City Council reviewed and discussed the draft Metro Transit Restructuring Study Service Plan; and, WHEREAS, on January 25, 2000, the Columbia Heights City Manager sent a letter to Metro Transit stating that due to the elimination of certain routes in Columbia Heights, the City Council is unanimously opposed to the proposed changes to service in Columbia Heights; and, WHEREAS, the Columbia Heights City Council met with representatives from Metro Transit at a City Council work session on February 7, 2000; and, WHEREAS, it was determined that Metro Transit would evaluate the possibility of making changes to the Restructufing Study Service Plan to provide more coverage in Columbia Heights; and, WHEREAS, the City of Columbia Heights received the proposed revisions to the Metro Transit Restructu~ng Study Service Plan on February 25, 2000; and, WHEREAS, the Columbia Heights City Council reviewed and discussed the proposed revisions during their meeting of February 28, 2000. NOW, THEREFORE BE IT RESOLVED THAT the Columbia Heights City Council hereby objects to the revised Metro Transit Restructufing Study Service Plan. PASSED THIS Offered by: Seconded by: Roll Call: __ DAY OF ,2000. Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk COMMUNITY DEVELOPMENT DATE: TO: FROM: RE: FEBRUARY 28, 2000 MAYOR CITY COUNCIL CITY MANAGER JOE HOLLMAN, CITY PLANNER~/ff REVISED METRO TRANSIT RESTRUCTUR1NG PLAN Attached, please find a revised Resolution 2000-20 supporting the revised Metro Transit Restmcturing Study Plan along with the following information which was submitted to the City by Metro Transit on Friday, February 25: A letter dated February 25, 2000, fi'om the Project Manager; Two ridership tables; · Dial-a-ride ridership map; and, · A possible route altemative to the neighborhood east of Central Avenue. The proposed Route 31 modification will be an hourly route fi'om the Transit Hub then east on 40th Avenue until Reservoir Boulevard. The route would then travel north along Reservoir Boulevard and then east on 44th Avenue until Arthur Street. It would then travel south along Arthur Street until 40th Avenue then continue east into Apache Plaza. The route would then proceed to Rosedale Mall. If the revised plan is satisfactory to the City Council, Metro Transit is requesting that a letter or resolution (attached) in support of the plan be provided. They are also requesting that the City voice our support for the "25% Growth Plan". The only difference that staff noted between the proposed "No Growth Scenario" and the "25% Growth Plan" is that the Route 31 will continue west to Brookdale rather than stopping at the Columbia Heights Transit Hub. It is staff's opinion that this additional east-west linkage will benefit Columbia Heights. Please note that there is language in the attached resolution supporting the "25% Growth Plan". MetroTransF, RECEIVED 2000 February 25, 2000 30MMVNITY DEVELOPMEN' Mr. Walter R. Fehst, City Manager City Hall 590 40m Ave NE Columbia Heights, M'N 55421 Dear Mr. Fehst: In continuing work with the City of Columbia Heights in regards to the Northeast Melzo (Sector 1 & 2) Restructurmg Plan I am attaching two ridership tables, dial-a-ride ridership map, and a possible route alternative to the neighborhood east of Central Ave. In review of the ridership data you will find that the number of boardings (ons) are very close to those presented in our reports. Total weekday ridership sampled last week (February 2000) included 12 boardings on Reservoir Blvd Branch of Route 18, and 14 boardings on the 40th-Apache branch. In comparison to ridership on other proposed "abandoned segments" in neighborhoods through-out the Northeast Study area (see Executive Summary) you will find that these branches currently prove to be lightly patronized. Here are some perspectives to consider regarding senior citizen ridership. In 1999 seniors accounted for 1.5% of Metro Transit's Ridership (according to Farebox Data). Door to door "dial-a-ride" service is available from the Anoka County Traveler at a cost of $2.00 in rush hour, and $1.50 in non-rush hour. See attached map showing locations of dial-a-ride pick-ups and drop-offs in Columbia Heights in December 1999. The attached Route 31 map is a proposed modification to the Northeast Metro (Sector 1 & 2) Restmcturing Plan. We are continuing to work through route and community issues through out the study area and are making modifications under existing resources. While this route may be a possibility within existing resources - "Phase I', I would urge the city to also state it's support for the "25% Growth Plan" in which a similar routing has already been outlined. In letter or resolution, we ask for your support of this plan, including modifications that are important for Metro Transit to consider. I understand the City will be considering this item on Monday February 28. If there are any questiotis please feel free to contact me at 612-349-7797. Sincerely, Adam Harrington, Transit Planner - Project Manager Sector 1 Cc: Kenneth Anderson, Community Development Director Anoka County Commissioner Jim Kordiak Joe Hollman, Planner Arthur Leahy, Metro Transit General Manager 560 Sixth A~enue North A service of the Metropolitan Council Minneapolis, Minnesota 55411-439S (612) 349-7400 "3nslt Info 373-3333 TN 341-01-:: An Equal Opporcun.ty Emplo>i' o~'~ n- 0 C 0 ,C LU < ,.; i',.. PEI a~e'] JaAI!S · L 'll:J ...s-"i Z > LU e IS Jnqi,JV .,C ~) ,.. leJ1UsC) LIJ 0 L .,::( Q- Q. I-- I-- AGENDA SECTION: Items for Consideration NO: '1 - C - \ ITEM: Census 2000 Partnership Agreement NO: CITY COUNCIL LETTER Meeting of: February 28, 2000 n APPROVAL Issue Statement: Staff has been working with the United State Census Bureau on preparing for Census 2000. Most recently, staff has been contacted by a partnership specialist for the Census Bureau who is requesting that the attached Partnership Agreement be completed by the City. Background: Census Day is April 1, 2000, and staff has been working with the Census Bureau over the past couple years on the preparation for Census Day. The following briefly sumn~arizes some of the work that has been done to date. Boundary and Annexation Surveys which are used to provide an update of any changes to the City limits have been completed and submitted to the Census Bureau. Address and feature update maps have been completed and provided to the Census Bureau. A "Targeted Nonsheltered Outdoor Locations" participant form has been completed which is intended to identify nonsheltered outdoor locations which are geographically identifiable outdoor locations where people might be living without paying to stay there. A "Service Location Worksheet" has been submitted to the Census Bureau which helps enumerate people at facilities that provide services to people without housing. Service locations include emergency shelters, transitional shelters, soup kitchens, etc. Also, in July, 1998, the City Council made a motion to establish a Complete Count Committee to assist with the Census Bureau's efforts. Please note that a formal committee has not been established, but staff has worked informally with various groups and individuals to complete the forms identified above. Analysis: Having an accurate census is important for the reapportionment of political and voting empowerment in the Congress, state legislature, and local government. The census is also the basis for the allocation of federal dollars for programs and services, and we use census data on daily activities pertaining to future planning for the City. The attached Partnership Agreement is not a legally binding document and is not something that the City is required to complete. Also, the City is currently involved in many of the activities which are listed on the agreement such as the display of Census 2000 promotional materials, the identification of hard-to-enumerate areas in the community, the list of group quarters in the area, and posting of Census job information. .Recommendation: As stated above, the City is currently involved inmany ofthe activities listed inthe Agreement. Also, other activities such as issuing a proclamation and running an announcement over the City cable channel can easily be accomplished. By signing the Partnership Agreement, our efforts to help with Census 2000 will be formally recognized by the Census Bureau. Based on the discussion that occurred during the February 22 work session, staff has prepared the attached Agreement for Council review and approval. Recommended Motion: Move to enter into a Partnership Agreement with the United States Census Bureau in an effort to increase awareness and participation in Census 2000. Attachments: COUNCIL ACTION: 2000 !RENS GOMEZ-3ETH~E KANSAS CITY REGIONAL CENSUS CENTER Partnership Agreement Thank you for your interest in partnering with the U.S. Census Bureau. Your involvement will help ensure the most accurate Census 2000 count possible in your area. Please complete the information below and check all areas in which you can assist with Census 2000. Return your completed agreement to the Partnership Program, Kansas City Regional Census Center, 10015 N. Executive Hills Blvd., Kansas City, Missouri 64153. CONGRESSIONAL DISTRICT: 6 P~ease print or type ORGANIZATION NAME City of Col umbi a Heights, Hi nnesota HIGHEST OFFICIAL NAME/TITLE Gary L. Peters on, Mayor ADDRESS COUNTY: PHONENUMBER 590 40th Ave. hiE, Columbia Heiqhts, Anoka County, MN (612) 706-3607 FAX NUMBER (612) 706-3601 55421 SIGNATURE **This Partnership Agreement is not a legally binding document** PARTNERSHIP ACTIVITIES Appoint a Census Liaison Name: Phone: Organize a Complete Count Committee Participate in a Complete Count Committee Sponsoring jurisdiction/organization Recruit volurt+~,~r.s to wor~' with =p,'cific Zroups s Youth ca Elderly [] Religious ca Non-English speaking [] Other Invite Census Partnership staff to participate in: [] meetings [] workshops [] conferences [] special Census events [] Other X X X X Issue a Proclamation, Pass a Resolution or other Census endorsement X [] copy attached [] copy to be sent to RCC Distribute Census Information [] newsletter and bulleting articles/inserts [] hand-outs at meetings/conferences/etc. X $ via e-mail [] Other Display Census 2000 promotional materials Assist with Census recruitment in your area ~ post Census job information [] referrals [] Other Donate space for: ~ testing ~ training [] Census meetings ~ Cmer Provide translation of Census 2000 materials language(s): Use Census In Schools lesson plans during 1999- 2000 school year OTHER: Identify hard-to-enumerate areas in your community [] list attached · list to be sent to RCC Provide Census media coverage [] press conferences [] produce PSAs ffi air/run PSAs [] editorials [] interviews [] Other Develop a Census 2000 plan [] list attached [] list to be sent to RCC Develop Census 2000 materials for your community [] fryers [] inserts [] stickers [] Other Post Census infollinks on your website website: Provide a list of service providers or group quarters in your area [] list attached ~ list to be sent to RCC Organize Census Day and/or Census Week activities Please contact your Partnership Specialist to update or change your agreement TOP COPY - RCC FILE MIDDLE COPY - PARTNER BOTTOM COPY - SPEC3ALIST ZO O 0 January 31, 2000 MEMORANDUM FROM: IRENE GOMEZ4BETHKE TO: POTENTIAL CENSUS PARTNERS Gr . , nformaljon kit with a special invitation to look at the matehas and aecome a Partner with Census 2000. I worn for zne UnKao StaTes Oeparument of Commerce, Census Bureau, as a Partnership SpecialisL The purpose of the Partnership Program is tc create awareness. reauce burners and encourage par'dcipation in the Census, especially those communities that were uncerccunted in lgg0. Census 2000 needs community leaders such as you to help the community understand the importance of being counted, I respec,~lly ask that you read the enclosed Parmership Agreement carefully and to check each categon/that your City needs or, can agree to do. Please fill in the address, zip code, your congressional district and your county. The Agreement form is net legally binding; it identifies what you are aisle to do and how we can help you do iL Please sign the Agreement and return all three copies to me. If you sent it to the Kansas Regional Census Center, please send me -? coP*l, :s I have to enter it in the Minnesota local databank. ~, S. Your agreement may be used to create awareness through the media. help to reduce barriers. and encourage partjc',pation s~ ,,cur C;L'y comm, un~ty in the Census. As a partner. you ensure tha~ this time, your com--,jnib/will be completely nunted! Some of the borders facec by the community is a fear of repnsat. prosecution, defaortaljon, and general mistrust of government, another barner for many peapie is that their pnmary language may be different than English. Let us overcome these barnors and make the Census wad< for us. The salient reasons to be counted am reapportionment for political and voting empowerment in the US.Congress, sate legis!atures, and inca! governments. In addition, the count is the basis for allocation of billions of federal dollars in programs and sen'ices. Your City could lose money since it is estimated that :or even/person not counte~ .t is a loss of $2,500! Our mutual goal must be to count everyone! Working together, we can do it! Thank you. I took forward to working with you on this very, important project. SinceraCY' ~, / , :d-~/., ~ irene Gomez-Bethk Partnership SpeQalist of the US Bureau of the Census Census 2000 Proclamacion of WHEREAS, the next 2000 Census will determine apportionment of seat~ in the United States House of Representatives, state legislatures and local ~overnmen~s, and is the basis for the allocation of billions of dollars of Federal funding; and, WHEREAS, the of is committed to a full and accurate Census count and is placing special emphasis on enumeradn~ members of traditionally undercounted population ~oups2 and, THEREFORE, I , of the of , on [his__day of , 1999~ hereby proclaim Census 2000 as a top priority for a//elected and appointed officials, and encourage the communiLT to place an emphasis on partnering with the U.S. Census Bureau in achieving an accurate and complete count in Census 2000. Name Tide United States C s ensu 2000 The Census 2000 The: censusresults-are-used ~o es~blish local for goverr_ment programs. : 0-3239 (6-98) The LorA allC Short of Why Does the Census Ask So Many Questions? The questions asked represent the best balance between your community's needs and our commitment to reduce the time and effort it takes you to fill out the form. The census is as important to our nation as highways and te!ephone lines. Every question is required by law to manage or evaluate federal programs or is needed to meet federal case ~aw require- ments. Federal and state funds supporting schools, employment services, housing assistance, road construction, hospital services, programs for the elderly and more are distributed based on census figures. What's New for Census 2000? Most housing units in the country (about 83 percent) will receive the short-form questionnaire in Census 2000. T;~e Cens:s 2000 shor[ form will be the shortest form in 180 years. Five subjects that were on the 1990 census short form have moved to the Census 2000 long form: marital status, units in structure, number of rooms. value of home and monthly rent. The long form can reliably collect this information. Five subjects that appeared on the 1990 census long form were dropped: children aver born, year last worked, source of water, sewage disposal and condominium status. These subjects 'flare not explicitly mandated or required by federal law. Only one new subject was added to the Census 2000 long form: grandparents as caregivers. This information was needed for the Personal Responsibility and Work Opportunity Act of 1996 (welfare reform). Why Do We Need the Long Form? The long form provides socio-economic detail needed for a wide range of government programs and federal requirements. Nationwide, it goes out to one in six housing units. But to assure the same level of accuracy everywhere, a larger share of housing units in small towns and rural counties receive this form. Community leaders use the long form for planning a wide range of activities. including neighborhood revitalization, economic development and ~mproved facilities and services. To Oufid highways. roads. bridges and tunnels in areas that need them. planners need information about where people live and work and the times they leave for work U.S, Department of Commerce Economics and Statistics Adm~rhstration BUREAU OFTHE CENSUS An Equal Opportunity Employer U S Census Bureau. the OffiCIO/Statisticsr~ Yottr DB,/'tic~,D atioll in Census 2000 is impotent, safe Just complete the form and mail it back. For add~Ciona.1 abou~ Census 2000, v~sit ~he Census 3ureau's h~r, ernec szte at ht~p:// w-w'w. eensu~.~ov o~e of o~ Reeional Census Ce~ers across the Atlanta 404-331-0~73 Boston 617-424-4977 Char!ette 704-344-6621 Chicago Dallas 214~655-3060 Denver 303-231-5029 De~ro,,t 248-967-9524 Kansas City 816-801-2020 Los Angeles 818-904-6522 New York City 2 I2-620-7702/3 ~hi!adei~hia 215-597-8313 Seattle 206-5~3-5882 To speed disaster rehef to the a~ecteo areas, emergency management ac2encles use census numbers to estimate the number of people displaced oy eartnauaKer hurricanes, floods and other natural disasters. In cities and towns across the country, Community leaders use Census numbers t- decide where to locate police and fire stations and other public services. The census helps local government and community organizations locate facilities such as day-care centers, senior citizen community centers, health-care clinics and even playgrounds. What Is Asked on the Short Form? The short form asks about six population subjects and one housing subject and takes 10 minutes to complete, on average. Pooulation Name Sex Age Relationship Hispanic origin Race Housing Tenure (whether the home is owned or rented) Wha~ is Asked on ~e Long Form? The long form asks about the same subjects as the short form plus 27 more, for a total of 34 subjects. The average household can complete this form in approximately 38 minutes. Population Marital status Place of birth, citizenship and year of entry School enrollment and educational attainment Ancestry Residence five years ago (migration) Language spoken at home Veteran status Disability Grandparents as caregivers Labor force status (current) Place of work and journey to work Work status last year Industry, occupation and class of worker Income (previous year) HOusing Units in structure Number of rooms Number of bedrooms Plumbing and kitchen facilities Year structure built Year moved into unit House heating fuel Telephone Vehicles avaitaDie Farm ressaenoe Value of home Monthly rent (including congregate housing) Shelter costs (selected monthly owner costs) The Law Pro~ects Your Answers. By law, the Cansus Bureau cannot share your answers with others, including welfare agencies, the Immigration and Naturalization Service, the Internal Revenue Service, courts, police and the military. Anyone who breaks this law will receive up to five years in pnscn and S5.000 in fines. The law works -- millions cf questionnaires were processed during the 1990s without any breach of trust, Census 2000 FAG (Frec~uentiy AsKed Questions About the~2~000 Census~ Q. What is a Census? The U.S. Bureau of the Census conducts a count of population and housing every ten years. The results are used for apportionment of congressional seats in the U.S. House of Representatives and for redistdcting state and local political districts. The federal and state governments use the numbers to distribute funds. The census also gives businesses, associations, governments, and community organizations vital information important for decision making. Q. What is the Timeline for Census 2000? Forms will be mailed out in March and should be returned by April 1,2000. · March - May 2000: Census takers visit housing units in rural and remote areas to drop off · April - June 2000: Census takers visit housing units that did not return census forms. · Apdl 1,2000: CENSUS DAY! · October - November 2000: All fieldwork is completed. · December 31,2000: Apportionment counts are delivered to the President of the U.S. · April 1,2001: Deadline fcr a!l states to receive redistficting counts. · 2002: Summary data mace aw=,,ae~e ~or ousiness and community planning. Q. How Big is the Census? · The Census will count 275 million residents in 118 million housing units in the U.S. and 1.5 million housing units in Puerto Rico and the U.S. Island areas. · The Census Bureau will recruit 2.7 million applicants for census jobs, with 285,000 employees at peak. Q. How is the data collected? Most households will receive a simple, snort form w~h seven basic questions ,~n one form, e.g., person(s) in the household, age. race, etc. One in six households will receive the long form questionnaire that asks those same questions plus (27) others including income, education and household status. Q. How is Race Determined on the Census Form? The census form will have six categories to check for race: White, Black. Amedcan indian or Alaska Native, Asian, Pacific-Islander or Native Hawaiian, or Other. Each person will be able to choose one or more races they consider themselves to be. In addition to race, a person will also indicate whether they are of Hispanic Origin. Q. Is the Census Confidential? Your census answers are confidential. Federal law guarantees that answers from the census form are held in the strictest confidence. T~tie XIII of the U.S. code prohibits Immigration and Naturalization Service, Internal Revenue Service, courts, police, welfare agencies, military service or any other institutions or individuals from accessing personal census information. Q. Who uses Census Information? Summarized census data is available to everyone. ~t is information about the community and is available to nil agencies. businesses or persons in the community. The Federal Government allocates nearly $200 Biliion annually, based on the counts from the census. ior education programs, veteran's services. housing and community development, pubtic health care and assastance for row-income families, to name a few. Each person not counted in Census 2000 could cost us S2500 over the next decade! Q. Where In Minnesota Can People Find Census Answers'. U.S. Bureau of the Census - Supervisor & Partnership Specialist, Joe Gear','. ,,'~51 U.S. Bureau of the Census - Partnership Specialist, Tribal - Margie DeSpain, U.S. Bureau of the Census - Partnership Specialist, Irene Gomez-Bethke, (651)290-4294 U.S. Bureau of the Census - Partnership Specialist, Sue Hendry, (651)290-4294 U.S. Bureau of the Census - Partnership Specialist, Tammy Kassler, (612)334-4360 Ext. 19 U.S. Bureau of the Census - Bemie OuClos, (612)334-4360 - ,t. ~ U.S. Bureau of the Census - Media Specialist -St. Paul Manager, Judy Murray, (651)290~4294 U.S. Bureau of the Census - Minneapolis Manager, Peter Solie, (612)334-4360 State of Minnesota, Census Promotion Administrator- Diane Lemon-White, (651)297-5227 The Council on Asian Pacific Minnesotans, (651)296-0538 The Council on Black Minnesotans, (651)642-0811 The Indian Affairs Council, (651)296-3611 The Chicano Latino Affairs Council, (651 )296-~50 F The Council on Disability, (651)296-6785 The Legislative Commission on the Economic Status of Women, (651)296-8590 The U.S. Census Bureau currently has two district offices in Minnesota overseeing census operations. They will open six other district offices throughout Minnesota in the fall of 1999. St. Paul ............. (651)290-4294 ac, d Minneapolis ......... (612)334-4360 United States Census 2000 The Census Bureau's dedication to confidentiality plays an imgortant role in everythL~ i~ does -- inctud~n~ hiring, tr. ln~g, pl~nni,~g procedures and reporting. The Census Bureau oes A//On to Protect Your Privacy The Law Protects Yot= An-~wers. By law, the Census Bureau cannot share your answers with the IRS, FBI, Welfare, Immigration -- or any other government agency. No court of law, not even the President of the United States, can find out your answers. And the same law that keeps your answers out of the hands of these agencies, prevents the Census Bureau from selling or givzng away your address ~o people who want to send you mail. ~hly Motivated Employees Protect Your Answers. Census workers are sworn to secrecy. They know that if they give out any information they see on a form, they can face a ~5.000 fine and a five-year prison term. Census workers must pass security and employment reference checks. T~e!/cannot currently work as tax Collectors, assessors or law enforcement officials. Protecting the privacy of people who reply to the census is an important part of every census taker's training. Technology Protects Your A~.~wers. The Census Bureau protects your information with numerous security measures, including electronic barriers, scrambling devices and dedicated !ines. Your answers are combined with others to produce the statistical summaries t~,at are puPlished. No one can connect your answers with your name or address. .~-Lswer~ ~he Canm~s Is Important, Easy and Safe. Taking part in the census is in everyone's best interest. People who answer the census hetp their communities obtain federal funding and valuable information for planning hospitals, roads and more. Census information helps decision-makers understand which neighborhoods need new schools and which ones need greater ser,;ices for the elderly. The only way to make sure people like yourseft are represented in the census is to fill out the form and encourage others to do so. D-3238 (7-98) U.S, Department of Commerce Economics and Statistics Administration AR Equal Opportunity Employer 2000 The Census Bureau needs your help to z'eczn~ 2.8 mi1110D. candidates for census taker positions in every neighborhood and COmmn~i~y ;lcross ~he nation PartnerslUo and aecruiting Help Wanted The Success Of Census 2000 Depends Upon It! To remain fully staffed throughout Census 2000 operations, we must constantly recruit peo¢c oven after field work begins. We're looking for people who want to schedule census jobs around their current employment, as well as retirees, participants in government programs, and people who are not currently employed. He~'s What You Can Do To Help: · Advertise our jobs in your newsletters, poet a notice on the bulletin board. · Set up census recruiting desks in neighborhood meeting daces. · Help us find space where we can test apolicants. · Pre-train prospective applicants so they can fill out our application and pass our test. · Provide assistance for day care and transportation. · Talk us up, when you hold a meeting, when you give a speech, or anytime you're around people who might want to work or who might be able to find recruits. I 0istrfbute census recruiting material to schools. churches. and organizations. · Sponsor a "Census 2000 Recruiting Day." · Alert the Census Bureau when job 'airs ~re clanned for your communm/. · Notify. communi~ job placement programs and agencies that the Census Bureau is seeking appficants. · Spread the word about census jobs to your family, fdends, colleagues, and professional associates. Who Do ! CaJl ;f i '~Zan~ l'0 Find Oui; 310re? To find out more about becoming a Census Bureau recruiting partner, call the Partnership Coordinator in your area (see last page). Interested job applicants should call 1-888-325o7733. 0-3222 (5-98) U,S, Department of Commerce Economics and Slatlst~cs Admmeslration An Equal Opportunity Employer BUREAU OFTHE CENSUS US. Census Bureau, tl~e C, rCic.,at StatisticsTM COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (ED/t) REGULAR MEETING MINUTES OF JANUARY 18. 2000 CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by President Ruemmann at 6:30 p.m., Tuesday, January 18, 2000, at .tax Cat~, 1928 University Avenue NE, Minneapolis, Minnesota. ROLL CALL Commission Members Present: Staff Present: Guests: Robert Ruettimatm, P2rricia Jindra, Mariame Szurek, Don Jolly, Gary L.Peterson, Julienne Wyckoff, and John Hunter Walt Fehst, Executive Director Ken Anderson, Deputy Executive D~rector Randy Schumacher, Community Development Assistant Guests of c',nnrnissioners and Staff ELECTION OF OFFICERS MOTION by Jolly, second by Hunter, for a white ballot vote of Robert Ruettkmann, President; Pat .rindra, Vice- President; Gary Paterson, Treasurer; Cheryl Bakken, Secretary ex-officio; William Elfire, Assistant Treasurer ex- officio: Kenneth R. Anderson, Assistant Secretary. All ayes. Motion carried. l) President 2) Vice President 3) Treasurer 4) Secretary ex-officio 5) Assistant Treasurer ex-officio 6) Assistant Secretary Robere Ruemmann Pat Jindra Gary L.Peterson Cheryl Bakken William Elrite, Finance Director/City Clerk Kenneth R. Anderson, Deputy Executive Director ADDITIONS/DELETIONS TO .MEETING AGENI)A - There were no additions or deletions to the agenda. CONSENT AGENDA (These items are considered to be routine by the EDA Board of Cormmssioners and will be enacted as part of the Consent Agenda by one motion). A. Adopt the consent uganda items as listed below. 1) Ap~:raval of Minutes - regular meeting of December 21, 1999 Move to adopt the minutes of the December, 1999 regular meeting as presented in writing. 2) Financial Report and Payment of Bills a. Financial Statement - December, 1999 b. Payment of Bills - December, 1999 President Ruettimarm indicated he received payment for the December meeting that he did not attend. This will be corrected by not issuing a .tanuary payment to President Ruettimann. ),love to approve Resolution 2000-01. Resolution of the Columbia Heights Economtc Development Authority tEDA) approving the tinancial statements tbr December, I999 and approvmg payment of bills for December, 1999 .MOTION by Peterson. seconded by Szurek, to adopt the consent agenda items as listed. Upon vote. all ayes. Motion carried. REPORT OF THE M.~'qAGEMENT CO'MP[NY Mr. Anderson referenced the written report. Mr. Ruemmann requested confwmation from the iS Director that the Public Honsthg computer program to be purchased is compatible ~vith our current City. computer system. Mr. Fehst is meeting with staff next week on this issue. CITIZEN FORt:31 TO ADDRESS EDA ON MATTERS NOT ON THE AGENDA - None. RECOGNITION, PROCLANIATIONS. PRESENTATIONS. GUESTS Mr. Ruettimarm asked Councilmembers and Staff to introduce their guests. He thanked everyone for attending. lzconom~c Development Authority Minutes January 18, 2000 Page 2 PUBLIC HEARINGS - Norl~ ITEMS FOR CONSIDERATION A. Other Resolutions - None. Bid Considerations I ) Approve Parkview Villa South Elevator Maintenance Agreement Mr. Anderson explained this agreement is intended to include the Parkview Villa South elevator maintenance agreement with the north building elevator maintenance agreement with Millar Elevator Service Company. This will allow elevators for both buildings to be serviced by the same company. MOTION by Peterson, second by Wyckoff. to award the proposal for the Parkwiew Villa South Elevator Full Maintenance Program to Millar Elevator Service Company based on their proposal dated January 7, 2000: and furthermore, to authorize the President and Executive DIrector to enter into an agreement to be prepared by Elevator Advisory Group, Inc. tbr the same. Upon vote, all ayes. Motion carried. C. Other Business 1 ) Property Acquisition Priorities. Mr. Ruemmann requested this item be tabled. He suggested the EDA request a xvork session, within the next sLxty days, with the City Council to discuss property acquisitions, the Comprehensive Plan, and dox;n zown redevelopment. MOTION by Ruemmann, second by Wyckoff, to table item C-1, Property Acquisition Priorities. Upon vote, all ayes. Motion carried. 2) Preparation of "Agency Plan" for submittal to HLrD. Mr. Schumacher explained the HUD requirement tbr one year and five year strategic plans, which will be presented to the EDA and City Council upon completion. 3) Written Report to EDA President Letter of December 10, 1999. .Mr. Ruemmann stated the purpose of this letter was to receive a xwitteo report on the progress of current issues and projects in the Community Development Department. 4) Section 8 Report. Mr. Anderson indicated the Section 8 program continues on a downward trend, Richard Rothschild has accepted another position. but will continue in the Section 8 program from 10:00 a.m. to 2:00 p.m. on Tuesdays, Thursdays. and Fridays. The program is tentatively scheduled ti3r transfer to the Metro HIL~. by the end of the fLrst quarter, .~DMINISTRATIVE REPORTS A) Report of the Deputy Executive DIrector. Mr. Anderson referred to congratulation letters sent to new Resident Council officers. He indicated Mr. Joe Goodman has already resigned. Mr. Anderson has learned that it may be required to have a HUT) program participant (Parkview Villa North resident) serve on the Economic Development Authority, if over 300 living units are involved. Notice would have to be posted for 30 days to see if anyone as !orerested in applying. Mr. Anderson is attempting ,'o get a clarification from legal counsel. He stated it is mandatory to have a mmgnum oft~vo Council members on the EDA. Mr. Ruettimann asked if the cnrrent mission statement nes in to the proposed Comprehensive Plan. Mr. Hunter discussed conducting a sur~ey ot' citizens on their input for downtown redevelopment. B) Report of the Executive Director - None. MEETINGS The next EDA meeung is schedoled for 6:30 p.m., Tuesday, February 15, 2000 in Community Room B at Parkviex~ Villa. Economic Development Authority Mmuteq January 18, 2()ira Page 3 ADJOURNMENT MOTION by Hunter, second by Jolly, to adjourn the meeting at 6:45 p.m. All ayes. MOTION CARRIED. Respectfully submitted, try Muscovitz Recording Secretary H:XEDAminutes% I - I 8,2000 ~, , ,~., , ......... City of Columbia Heights Park and Recreation Commission aanuary 28, 2000 The meeting was called to order by Eileen Evans at 6:41 p.m. ROLLCALL Members present: Eileen Evans; Bruce Magnuson; Gary Mayer; Scott Niemeyer; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer Members absent: Jerry Foss; Gary Peterson; Bob Ruettimann Also present: Anna Zwierzchowski, 9lh grade student at Columbia Heights High School (observing meeting for class) APPROVAL CONSENT AGENDA The December minutes will be changed to reflect the correct meeting date of December 16, 1999. Also members absent will be corrected to reflect Bruce Magnuson's absence. All other members were present at the meeting. Motion by Magnuson, second by Niemeyer to approve the consent agenda. All ayes, motion carried. LETTERS ANDREQUESTS DONATION FROM CHRISTOPHER TOASTMASTERS Members expressed appreciation for the donation from Christopher Toastmasters. GIFT FROM CHRISTIN CLAREY Members expressed appreciation for the gift of an engraved clock from Christin Clarey. Ms. Clarey's group has used the Senior Center for a social club for traumatic brain injured persons. REQUEST FOR DISCOUNT ON HALL RENTAL/SUSAN PETERS. COLUMBIA HEIGHTS CLASS OF 1971 Members reviewed the letter from Susan Peters, Treasurer for the Columbia Heights Class of 1971. Motion by Mayer, second by Magnuson to approve the request for a 35% discount off the rental rate for the rental on Saturday, August 18, 2001 for the Columbia Heights Class of 1971 Reunion. All ayes, motion carried. REQUEST FOR DISCOUNT ON HALL RENTAL/REBECCA ROGNRUD Members reviewed the letter from Rebecca Rognrud for the resident discount on her rental of PAGE TWO Murzyn Hall. Members discussed the matter and agreed that they should abide by the established policy limiting discounts to the bride, groom or one of their parents if they are a Columbia Heights resident with current homeowner's insurance on a Columbia Heights home. Motion by Magnuson, second by Neimeyer to deny the request for resident discount on the rental of Murzyn Hall by Rebecca Rognrud on Saturday, February 5, 2000. All ayes, motion carried. PUBLIC HEARING Chairperson Evans opened the Public Hearing at 7:00 pm. The Public Works Director/City Engineer explained the public heating process for the DNR Grant Program. Commission members reviewed the proposed projects as follows: Prestemon Park: a) Playground equipment replacement b) Park trail installation including lighting c) Pond landscaping 2. Silver Lake Beach: a) Fishing pier Silver Lake Boat Landin~ a) Reconstruction of boat landing and access Ramsdell Park a) Park regrading including new field/rink alignments Those wishing to comment on the proposed park improvements were given the opportunity to do so. Hearing no comments, the public heating was closed at 7:21 pm. A motion was made by Magnuson, seconded by Niemeyer to submit grant applications to the DNR for projects as proposed. OLD BUSINESS CHASE GRANT The Recreation Director updated members on the Chase grant. We have received a grant for 27 months in the amount of $177,650. We had a part time employee managing the grant, but he has resigned. The position will be filled with a full time person to manage the grant and run the programs. Half of this position would be paid for by the Chase grant. PAGE THREE COUNCIL LETTER REGARDING PROPOSED MULTI-USE CENTER AND PARK IMPROVEMENTS Members reviewed the Council letter. The Recreation Director indicated that the Library would like to be included in the project. Staff and Council would like to have a professional survey company do a community survey to get input from citizens. Decision Resource will present a proposal with cost estimates to the City Council and staff in the near future. LETTER FROM "VOTE NO' COMMITTEE Members asked if the City will be pursuing charges against the persons responsible for mailing the "Vote No" letter. The Recreation Director advised that the Anoka County Attorney is investigating the matter to determine if charges wilt be pressed. NEW BUSINESS DAMAGE TO ELEVATOR The Recreation Director advised members that Schindler Elevator Corp. came out to repair the elevator after it was damaged by the Lion's Club on Saturday, December 11, 1999. Staff had filled out a damage report on the incident. The elevator door would not stay closed. Members reviewed the letter sent to the Lion' s Club and the bill for elevator repair in the amount of $178.07. We have not heard back from the Lion's Club yet. Members discussed the possibility of looking at other options for running the bar. Members also discussed the possibility of offering china to rent for events and establishing a list of approved caterers. This matter will go on the next agenda for further discussion. REMOVAL OF BANDSHELL, RAILROAD TRACKS, AND TENNIS COURTS The bandshell is very seldom used and there are some structural problems. If it is removed, we would have to hire a company to remove it. Staff will check on the cost of removal. If it is removed, we should get a soil test done at the same time. Fridley has a portable bandshell that we could possibly borrow or rent if we needed one. The Council has authorized the expenditure to remove the railroad tracks from Huset Park. It will cost $40,000 because we first have to purchase a section of land that is involved. The railroad company has 90 days to remove the tracks. If they do not remove them, the city would do it. The railroad ties are expensive to dispose of as they must be brought to the landfill. The tennis courts in Huset West are in poor condition and are very seldom used, except for bocce ball. The Recreation Director suggested a better use of the space would be a picnic shelter and bocce ball courts. The Huset Neighborhood Association would also like to see the tennis courts replaced with a picnic shelter. The tennis courts could be removed by staff. This matter will be discussed in more depth at a later meeting. PAGE FOUR REPORTS. RECREATION DIRECTOR No report at this time. PUBLIC WORKS DIRECTOR/CITY ENGiNEER The Public Works Director/City Engineer reported that the Huset Neighborhood Association wants some signage for Huset Park. Members looked at photographs of signs presently in place at McKenna Park. These signs are made of cedar and the letters are routed out. Staff could put the signs in place this spring. Motion by Magnuson, second by Neimeyer to direct staff to install signage in Huset Park as discussed. All ayes, motion carded. COMMISSION MEMBERS No report at this time. ADJOURNMENT Motion by Magnuson, second by Mayer to adjoum. All ayes, motion carried. Meeting adjourned at 8:00 p.m. Janice MeGhee-Fetzer, Park & Recreation Commission Secretary THE MINUIt~S OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, FEBRUARY 17, 2000 The meeting was called to order at 7:03 p.m. by Dennis S1roik, Chairperson. ROLL CALL: Commission Members: City Representative: Cable TV Representative: Legal Counsel: Dennis Stroik, Ken Henke, Robert Buboltz, Dan Swee, and Reuben Ruen Linda Magee Kathi Donnelly-Cohen Steve Guzzetta APPROVAL OFMINUTES MotionbyKenHenke, secondedbyBobBuboltz, to approve the nfmutes~-omthemeeting of October 21, 1999. All ayes. OLD BUSINESS A. Channel Check Everything checked out ok. B. Correspondence Log and Complaint Follow Up. Complaint #128-Lawrence Wodziak-The cable box near street was open. The company sent someone out to secure it. Complaint #129-Leon Osbaldo-He was charged twice for installation of service by mistake. Kathi sent him a letter to inform him he would be credited $50 for the installation charges. Complaint #1 30-Andy Gerda-Complained that he had no cable service on 12/22/99. Kathi reported his cable service was out less than one hour, the problem was fixed, and he was credited for the interruption in his service. Complaint # 131 -Tammy Peterson-Was told the city was responsible for recent increase in rates. Kathi was unable to respond to customer due to no address or phone number listed on complaint form. She stated customer service reps are not indicating that cities are raising rates. She is unable to follow up on this due to limited information. Complaint # 132-Douglas WidsU'om-Complained of another rate increase making cable senrice tanaffordable. They do not consider the cable service and programming to be a "tremendous value". Kathi explained in a letter that system upgrades have been made to provide additional programming and services. These upgrades were necessary to provide customers with the variety of services they want for today's constantly advancing technology. She also explained it is less expensive to upgrade everyone's services than to provide channel by channel service to individual households. At this time it is not techmcally or economically feasible to do this. Reuben pointed out that Dish Network is offering ala carte service. However, he doesn't know if there is a minimum service you have to subscribe to first in order to receive additional programming ala carte. He will check into this. Complaint #133-Craig Larson-He has had intermittent reception problems for several months. When he called for service, he was told it would be a week. A call was made to his home where they put in a new drop and balanced the distribution amps. He is now satisfied. TELECOMMUNICATIONS COMMISSION MINUTES OF FEBRUARY 17, 2000 PAGE 2 Complaint #1 34-Da~ene Buboltz-Moved to a new address and had cable service installed. The price was not the same as what she had previously paid. There is some confusion regarding her bill due to installation fees, services were changed (her previous package was grandfathered in until a change was made), a rate increase effective Jan. 1't, and no payments being received on this account. Kathi sent her a letter and a copy of her account history explaining the current charges due MediaOne. Kathi reported that letters are going out to people on old packages who have been grandfathered in until now. 80 different letters have been prepared due to three company mergers that have left quite a few people in old service packages. They will have to choose a package currently being offered so billing of the services can be more consistent. Complaint #135-Mae Lyons-She called wanting Universal Service. She has had Universal service since 1998. She also has had customer education regarding this service. However, she was not happy with her reception, so she wanted it disconnected. When the service tech went out there, reception was good so she still has the service. Notification of Rate Refund Notification of the FCC Ruling on an old CPST rate complaint was sent to the city on October 26, 1999. A copy of the letter was enclosed in the agenda packet. Refunds orS1.26 for Preferred tier subscribers were made in November. Channel Line Up Changes Effective December 1, 1999 The City received a letter dated October 26, 1999, notifying us of some changes to the channel line up. Notification and new channel line up cards were also sent to subscribers. Merger Update Brochures for October 99, November 99, and December 99 Brochures were sent to keep everyone aware of the benefits of the planned merger between MediaOne and AT & T. Copies of these brochures are enclosed in the agenda packets for the commissioners to review. The merger should be finalized by the end of March. Other Old Business *Linda reported the web site should be up and running by March 15th. The address will be www.ci.columbia- heights.mn.us Net Link was the company chosen to assist us in setting up the page. *Kathi reported that digital service will be added this summer. This will add approximately 200 channels. Subscribers will be able to purchase these as desired. *There was a discussion regarding the Annual Report that is due March 31, 2000. The company had requested a variance be made in regards to the Annual Report and that it, along with the subscriber survey, no longer be a requirement. Linda reporW. d that the City has decided that the variance will not be granted. The City Manager will be sending a formal letter stating that we still expect an Annual Report be submitted with the subscriber survey included, and that we will extend the time flame to May 31, 2000, for this to be completed. The commission members and city staff felt that although information contained in the annual report is available at any time, upon request, the annual report reflects our request. Moreover, there are a number of pertinent questions included in the survey regarding programming and customer service that should be reviewed on an annual basis. It was noted that this may not be the best way to get information from subscribers, but for now it is feedback of some sort, which provides useful information on a variety of issues, including customer satisfaction with the service and company's performance. TELECOMMUNICATIONS COMMISSION MINUTES OF FEBRUARY 17, 2000 PAGE 3 NEW BUSINESS A. Notice of Rates for Programming Services and Equipment Effective January, 2000 Notice of rates for programming services and equipment effective January 1, 2000, were enclosed in the agenda packets. It was noted that the rate for basic service went down, and the rate for preferred service went up. It was noted that the city received numerous calls regarding the latest increase in rates. Subscribers that called feel cable service is not affordable any longer and that because there is no real competition out there, they are being over charged for the product. B. MediaOne offers Digital Telephone Service Beginning in December, 1999, MediaOne now offers digital telephone services including 15 popular calling features. Detailed information and pricing was enclosed in the agenda packet for review. C. Receipt of 4~h Quarter Franchise Fee A copy of the franchise fees of $27,447.16 for 4'h quarter 1999 were enclosed in the packets. There was an adjustment made to the 4'h quarter check due to an overpayment from 3'a quarter. Due to a number of corrections, adjustments, and irregularities noted by a number of franchises, it was recommended we perform an audit on the franchise fees. These fees have not been audited since 1990. Bernick and Lifson (our attorneys) have entered into an agreement on our behalf with Aspund & Skokan to perform the audit for the year 1999. This audit should begin soon. As other cities and commissions served by MediaOne will be participating, the costs will be shared. D. Notice of Semi Annual Proof of Performance Testing in February Notice was given January 10, 2000, of the semi-annual proof of performance testing that will be done in February. Subscribers may experience 30 seconds of interrupted service due to the testing. E. Other New Business *Linda reported that there will be two openings on the commission, so if anyone knows of an interested party, have them contact the Deputy City Clerk for an application. Ruth Graham does not wish to be re-appointed, and Julienne Wyckoff (Council Representative) will become a non-voting Council liaison to the Commission, due to an Ordinance change recently passed by the City Council. *Linda reported that the city council recently passed a moratorium on Antennas being constructed in Columbia Heights. This moratorium was established to allow the Planning and Zorfmg Commission to establish a policy regarding placement of towers and antennas in our city. Ken HenIce felt strongly that the Telecommunications Commission should be reviewing these requests in addition to the P & Z Commission. Once a policy is established, the plan will be submitted to the Telecommunications Commission for review. Steve cautioned the commission on the legal ramifications of denying placement of these antennas. 47 U.S.C. § 332 (e) (7) addresses this matter and the limitations cities have. Linda stated that it may be necessary to review exactly what the role of the Teleeommunications Commission is. What areas fall into the responsibility of this commission versus the responsibilities of other commissions. *Reuben asked for information on the infra red cameras that were purchased by the Fire Depax tment. He is concerned with the radio frequency that is used to transmit the picture to a off site display monitor. Has the eity checked into the licensing of the radio frequency for this equipment. He was interested in a demonstration. Linda indicated that it was demonstrated at a recent council meeting. He should contact Jean Kuehn to view the tape, if interested. TELECOMMUNICATIONS COMMISSION MINUIES OF FEBRUARY 17, 2000 PAGE 4 *Linda passed out a request from School District #13 for funding equipment purchases of $25,693. She reported that in 1989 we provided the school district with $8,500 for equipment, and $1,950 for production of tapes of Biology classes, and $1,000 to develop curriculum for Kal Fades. In 1990 grant guidelines were established which provided grants for production expenses, but not for equipment. Dennis reported that Kathy Kelly, the new Director of Curriculum at the High School, is heading up this request. It seems she would like to start a video production class that would give hands on experience to students using the latest in digital technology. This production/editing equipment is far superior to that being used by the city at the cable studio now. The commission members had the following concems regarding the request: -The school could be using the equipment at the cable studio, where production and editing is done now for the city. This facility also has two personnel assigned for this very task. The city has not purchased editing equipment for its own productions, as it would be a duplication. Maybe the equipment at the studio should be upgraded instead, so all interested parties could be using it. -The only thing the school uses its access channel for now is communications done on the character generator and taped re-broadcasts of the school board meetings. They have not produced any programs thus far, for broadcast on the educational access charmel, and the studio has been available for their use all along. -With HDTV becoming the new technology during the next couple of years, it's possible this digital equipment may be obsolete within a few years. Technology is changing very rapidly to invest this kind of money in equipment to be used by one entity. -Where is the school district funds and support for adding such a studio to the high school? What exactly are the plans for this equipment? What other funds have been applied for? Kathi Donnelly-Cohen said the dislrict could have applied for a COOL Grant, but did not. Information was distributed by MediaOne to all the area schools. This is an annual grant that is applied for in the fall and was just awarded for this year to Coon Rapids Schools in the amount of $1 0,000. It was also noted that there is School and Universal Libraries Grant monies available. Kathi said she could provide more information on these programs if Ms. Kelly would like it. Dennis wanted to know what the intended use of the PEG fees are. He thought it was to support programming on all the access channels. He felt that some of the funds received should be distributed to promote programming on access channels other than just the government access. Linda responded that funds have been given out of franchise fees received to promote programming to the school district for the education access channel, the Library has received money to produce programm'mg, and monies have been donated to Metro Cable Network, the Public/Regional Access channel. Monies have also been used to create the web site for the city, for internet access, and putting government records on laser ~sche to make them more accessible to the public. It was the staffs feeling that they be informed of other funding options and what is available at the cable studio for their use to accomplish the goals they seem to have in m'md. Motion by Ken, seconded by Bob to not provide funding for their request for equipment, and to provide details on grants that should be applied for and to encourage the use of the current cable equipment and studio facilities. Ayes-Henke, Ruen, Swee, Buboltz. Nay-Stroik. TELECOMMUNICATIONS COMMISSION MINU'IES OF FEBRUARY 17, 2000 PAGE 5 REPORTS Report of Commissioners Dennis thanked the commission for considering and discussing the School District's request for equipment funding. The other commissioners had nothing to report. Report of MediaOne- Kathi noted the technical report categories and terminology were included in the agenda packets. These terms are used when filling out service reports detailing how the problems were fixed. She then reviewed the reports from October 99, November 99, December 99, and January 2000. Report of the Cable Attorney Linda passed out a legislative update regarding the "Kelley Bill" and others that have been offered recently for consideration. Steve provided a verbal update on such legislation. These bills could affect the city's receipt and control of franchise fees and the number of channels that would be dedicated for access by the cable service providers. Hopefully, these bills will not be passed. MACTA is encouraging cities to contact their legislators to express their opposition of these bills. Metricom has circulated an agreement to communities regarding a mini antenna system they are trying to establish. There are some legal concerns that Bernick and Lifson have addressed for some of their other clients. If we are contacted, the city should contact Bemick and Lifson for their recommendations to update the agreement. Bemick and Lifson is still working with MediaOne concerning their Trade Secret Information. They are close to an agreement, and Steve will keep us informed. Report of the Assistant to the City Manager Linda had nothing further to report. Motion by Ken Henke, seconded by Bob Buboltz, to adjourn the meeting at 9:06 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary