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HomeMy WebLinkAboutFebruary 14, 2000 RegularCITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 ADMINISTRATION February 9, 2000 Mayor Gab, L. Peterson Councilmembers John Hunter Donald 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 14, 2000 in the City Council Chambers, City Hail, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or 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 the City Council Secretary 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 Fortun or items submitted after the agenda preparation deadline.) CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) MOTION: Move to approve Consent A~enda items as follows: 1. Minutes for Approval MOTION: Move to approve the minutes of the January 24, 2000, Regular Council Meeting as presented. MOTION: Move to approve the minutes of the February 7, 2000, Planning and Zoning Commission Interviews. Approve Conditional Use Permit Case #2000-0202, 4300 Central Avenue NE MOTION: Move to approve 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. THE CItY OF COLUMBIA Approve Conditional Use Permit Case #2000-0203, 4757 Central Avenue NE MOTION: Move to approve 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. HErGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE pROVISION OF SERVICES EQUAL OppORTUNITY EMPLOYER 10. 11. 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 approving a Conditional Use Permit and Special Permit, Case #9912-37. 4849 University Avenue NE MOTION: Move to waive the reading of Resolution 99-97, there being ample copies available to the public. MOTION: Move to adopt Resolution 99-97, a Resolution approving a Conditional Use Permit and Special Permit to allow the construction of an approximately 90 foot tall U.S. West Personal Communications Services Monopole tower at 4849 University Avenue NE. Authorize Transfer of Funds to Repay O.T. Fund MOTION: Move to 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 MOTION: Move to authorize 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 Training Institute MOTION: Move to approve 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 MOTION: Move to authorize 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 MOTION: Move to authorize 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. Establish Hearing Dates Re: License Revocation or Suspension of Rental Property at 4328 6th Street NE MOTION: Move to establish 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. Authorize approval of MCPP Application for First Time Home Buyer Program MOTION: Move to authorize 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 MOTION: Move to approve the items as listed on the business license agenda for February 14, 2000. 13. Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS B. C. D. Proclamations Presentations Introduction of New Employees Recomaition PUBLIC HEAR1NGS Rental License Revocation 1. Public Hearing for Revocation/Suspension of Rental Housing License at 3718 Central Avenue MOTION: Move to close the public hearing MOTION: Move to waive the reading of Resolution No. 2000-, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2000- , a Resolution Approving Revocation Pursuant to Ordinance Code Section 5A.408(01) of the Rental License held by Heide Von Heideman regarding rental property at 3718 Central Avenue. Public Heating for Revocation/Suspension of Rental Housing License at 4610 Fillmore Street MOTION: Move to close the public heating MOTION: Move to waive the reading of Resolution No. 2000-, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2000- , 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. Public Hearing for Revocation/Suspension of Rental Housing License at 4022 Madison Street MOTION: Move to close the public heating. MOTION: Move to waive the reading of Resolution No. 2000-, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2000- , a Resolution Approving Revocation Pursuant to Ordinance Code Section 5A.408(01) of the Rental License held by Loretta Robertson regarding rental property at 4022 Madison Street. Public Heating for Revocation/Suspension of Rental Housin~ License at 4356 5th Street MOTION: Move to close the public heating MOTION: Move to waive the reading of Resolution No. 2000-, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2000- , 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_. Second Reading of Ordinance No. 1395, Being an Ordinance Amending Chapter 5A of City Code of 1977. MOTION: Move to waive the reading of Ordinance No. 1395, there being ample copies available for the public. MOTION: Move to 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. Second Reading of Ordinance No.1405. Being an Ordinance Amending Ordinance No. 853 City Code of 1977, Pertaining to the Park and Recreation Commission MOTION: Move to waive the reading of Ordinance No. 1405, there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1405, being an ordinance pertaining to the Park and Recreation Commission. Second Reading of Ordinance No. 1406, Being an Ordinance Amending Ordinance No. 853 City Code of 1977, Pertaining to the Human Services Commission MOTION: Move to waive the reading of Ordinance No. 1406, there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1406, being an ordinance pertaining to the Human Services Commission. Second Reading of Ordinance No. 1407. Being an Ordinance Amending Ordinance No. 853 City Code of 1977. Pertainin~ to the Planning and Zoning Commission MOTION: Move to waive the reading of Ordinance No.1407, there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1407, being an ordinance pertaining to the Planning and Zoning Commission. Second Reading of Ordinance No. 1408. Being an Ordinance Amendin~ Ordinance No. 853 City Code of 1977. Pertaining to the Traffic Commission MOTION: Move to waive the reading of Ordinance No. 1408, there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1408, being an ordinance pertaining to the Traffic Commission. Second Readin~ of Ordinance No. 1409. Being an Ordinance Amending Ordinance No. 853 City Code of 1977, Pertaining to the Library Board MOTION: Move to waive the reading of Ordinance No. 1409, there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1409, being an ordinance pertaining to the Library Board. Second Reading of Ordinance No. 1410. Being an Ordinance Amendin~ Ordinance No. 853 City Code of 1977. Pertaining to the Telecommunications Commission MOTION: Move to waive the reading of Ordinance No.1410, there being ample copies available for the public. 10. MOTION: Move to adopt Ordinance No. 1410, being an ordinance pertaining to the Telecommunications Commission. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1. Adopt Resolution No. 2000-I 1. being a Resolution Establishing Fees for Housing Inspections as Authorized by Charter 5A of City Code of 1997. MOTION: Move to waive the reading of Resolution No. 2000-11, there being ample copies available to the public. MOTION: Move 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. Adopt Resolution No. 2000-12. being a Resolution Imposing a 120 Day Moratorium on the Chan~e in Use of Property within the Business and Industrial Districts in the City of Columbia Heights MOTION: Move to waive the reading of Resolution No. 2000-, there being ample copies available to the public. MOTION: Move 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 and industrial districts in the City of Columbia Heights. B. Bid Considerations Other Business 1. Authorize Application for MHFA Community Fix-up Funds MOTION: move 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 fifieen cities co-sponsoring the Remodeling Planbook; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. MOTION: Move 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 Revitalization 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. 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 Planning and Zoning Commission meeting of February 1, 2000. 2) Meeting of the Public Library Board of Trustees meeting of February 1, 2000. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. 11. 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.) ADJOURNMENT Walter Fehst, City Manager WF/pm 6. PUBLIC HEARINGS Amended: Rental License Revocation 1. Public Hearin~ for Revocation/Suspension of Rental Housin~ License at 3718 Central Avenue MOTION: Move to close 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. Public Heating for Revocation/Suspension of Rental Housing License at 4610 Fillmore Street MOTION: Move to close the public heating MOTION: Move to waive the reading of Resolution No. 2000-, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2000- , 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. Amended: Public Heating for Revocation/Suspension of Rental Housing License at 4022 Madison Street MOTION: Move 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. Public Hearing for Revocation/Suspension of Rental Housing License at 4356 5th Street MOTION: Move to close the public heating MOTION: Move to waive the reading of Resolution No. 2000-, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2000- , 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: CITY COUNCIL LETTER Meeting of January 10, 2000 AGENDA SECTION: Public Hearings NO: 6-A-1 ITEM: Close Hearing Rental License Revocation NO: UPDATED ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL BY: Dana Alexon BY: DATE: February 14, 2000 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Heidi VonHeideman regarding rental property at 3718 Central Avenue for failure to meet the requirements of the Housing Maintenance Codes was scheduled to commence at the City Council meeting of February 14, 2000. The public hearing on this property may now be closed in that the owner has brought the property/building into substantial (but not complete) compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Heating 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. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of February 14, 2000 AGENDA SECTION: NO: ITEM: NO: Public Hearings 6-A-3 Rental License Revocation Public Hearing UPDATED ORIGINATING DEPARTMENT: Fire BY: Dana Alexon DATE: February 14, 2000 CITY MANAGER APPROVAL BY: DATE: A rental license revocation/suspension public heating was established for the property located at 4022 Madison Street. After this hearing was established the owner of the property requested additional time to correct the deficiencies. Assistant Chief Alexon is recommending that the City Council table the matter of rental license revocation against this property until the first meeting in June. RECOMMENDED MOTION: Move to open the Public Hearing. RECOMMENDED MOTION: Move 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. COUNCIL ACTION: OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 24, 2000 CALL TO ORDERdROLL CALL Present: Don Jolly, Marlaine Szurek Julienne Wyckoff, John Hunter. Absent: Gary Peterson 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.) Council President Jolly addressed Item 5-C-1, New Employee Introduction. Ken Anderson, Community Development Director, introduced Cheryl Bakken as the new Community Development Secretary. She previously worked for Flemming Foods. Ms. Bakken is scheduled at the Fridley City Council meeting tonight to receive an award in her father's name, who recently passed away. Council Members offered their sympathy for the loss of her father, Henry Peterson. Anderson distributed a copy of the obituary to Council. 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.) Dan Shattuck, 3801 Van Buren Street, Columbia Heights, requested Council remove item 4-A-8 from the Consent Agenda for discussion. Motion by Councilmember Wyckoff, second by Councilmember Szurek, to approve the Consent Agenda items as follows: 1 ) Minutes for Approval Council approved the minutes of the January 10, 2000, Regular Council Meeting as presented. 2) Authorize Attendance of the Assistant Finance Director at the Annual GFOA Conference Council authorized the attendance of Roxane Smith, Assistant Finance Director, at the Annual Government Finance Officer' s Association Conference from June 9 - June 14, 2000 and that all related expenses be reimbursed from Fund 101-41510. Fehst indicated this conference will be held in Chicago. 3) Set Date for Board of Review Council set the date for the Local Board of Review meeting for Monday, April 3, 2000, at 7:00 p.m. which will be held in the City Council Chambers. 4) Appoint Councilmember John Hunter as the Library Board City Council Liaison. Council approved the appointment of Councilmember John Hunter as the City of Columbia Heights Library Board Liaison. Fehst indicated Councilmember Hunter would be replacing Councilmember Jolly as Liaison on the Library Board Minutesfor Regular City CouncilMeeting ofJanuary24.2000 Page 2 5) Adopt Resolution No. 2000-09. Re-appointment of Economic Development Authority Commissioner Council waived the reading of Resolution 2000-09, there being ample copies available to the public. Council adopted Resolution No. 2000-09, Being a Resolution approving the Re- appointment of Commissioner Jindra to the Columbia Heights Economic Development Authority RESOLUTION 2000-09 BEING A RESOLUTION APPROVING RE-APPOINTMENT OF COMMISSIONER JINDRA TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY. WHEREAS, the City has, by the adoption of Resolution No. 96-01 (enabling resolution), duly created an Economic Development Authority (EDA) 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 EDA consist of seven members, at least two, but not more than five, of whom must be members of the City Council, and WHEREAS, the Mayor has this day re-appointed the following person as commissioner of the EDA for the term as indicated: Patricia Jindra Term ending January 8, 2006 WHEREAS, the appointment to this term may be subject to change pending the outcome of the legal opinion regarding the new U. S. Department of Housing and Urban Development requirement to increase resident participation on public housing agency boards which includes the Columbia Heights Economic Development Authority. THEREFORE, BE IT RESOLVED that the City Council hereby approves the re-appointment of Patricia Jindra to the Columbia Heights Economic Development Authority. Passed this 24th day of January, 2000. Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk 6) Authorize Floor Refinish and Drain Project in the Fire Department Council authorized TMI Coatings, Inc. of St. Paul Minnesota to install three trenches in Fire Department apparatus floor, including removal of old flooring, repair of all cracks and chips, repair of all missing pieces of concrete, and application of two heavy coats of self-priming, low-odor epoxy flooring per manufacturers recommendations at a total cost not to exceed $22,600, and to appropriate $22,600 to the General Fund, Minutesfor Regular Ci~yCouncilMeeting ofJanuary24,2000 Page 3 Undesignated Fund, balance to the Fire Department budget. 7) Adopt Resolution No. 2000-10 Establishin~ Compensation Rates (Volunteer Paid On Call) Fire Division Council waived the reading of the resolution, there being ample copies available to the public. Council adopted Resolution No. 2000-10, being a resolution establishing various compensation rates for the Columbia Heights Fire Department Volunteer (Paid on Call) Division regarding fire calls, station duty, and drills. RESOLUTION NO. 2000-10 BEING A RESOLUTION ESTABLISHING VARIOUS COMPENSATION RATES FOR THE COLUMBIA HEIGHTS FIRE DEPARTMENT VOLUNTEER (PAID ON-CALL) DIVISION REGARDING FIRE CALLS, STATION DUTY, AND DRILLS WHEREAS, Resolution 2000-02 passed January 10, 2000, omitted a step for volunteer (paid on call) fire fighters after 60 months of active duty (from date of appointment to volunteer division); and WHEREAS, wages for station duty and drills and fire calls for volunteers (paid on call) fire fighters at such step need to be established for 1999 and 2000. NOW, THEREFORE, BE IT RESOLVED, that the following wage rates are hereby established: After 60 Mouths of Active Duty (From Date of Appointment to Voluuteer Division) STATION DUTY & DRILLS 1999 2000 FIRE CALLS 1999 2000 $7.25 $7.50 $10.87 $11.25 1999 Adjustmeuts effective January 1, 1999 2000 Adjustments effective January 1, 2000 Passed this 24th day of January, 2000. Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk Fehst indicated this was the first increase, of 3.5 percent, received in two years by this group. 8) First Reading - Ordinance 1395, Being an Ordinance Amendin~ Chapter 5A of the City Minutes for Regular CityCouncil ofJanuary24,2000 Page 4 Meeting Code of 1977, Pertaining to the Housing Maintenance Code Council President Jolly removed item from the consent agenda for later discussion. 9) City Newsletter Printing Quotations for 2000 Council authorized the Mayor and City Council to enter into an agreement with Nystrom's Publishing for printing, publishing, and distributing the City newsletter based upon their proposal of estimated yearly cost of $19,954.32 for four publications in 2000. Fehst indicated four bids were sent out, only two were received back, with this bid the lowest by a considerable amount. io) Approve License Applications Council approved the items as listed on the business license agenda for January 24, 2000, and to waive the license fee for the temporary on sale liquor license for Immaculate Conception Church. 11) Payment of Bills Council authorized payment of bills as listed out of proper funds. 12) Purchase and install rooftop furnace/air conditioner Council authorized the Staff to award the purchase and installation of the heating and air conditioning unit to Suburban Air based upon their low, qualified, responsible bid in the amount of $4,390, with funds to be appropriated from 101-41940-5120; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the salTle. 13) Establish Hea~n~ Dates Re: License Revocation or Suspension of Rental Properties at 4610 Fillmore Street, 4022 Madison Street, and 4356 5m Street - Council established a Hearing Date of February 14, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Mohsen Dessouki at 4610 Fillmore Street. - Council established a Hearing Date of February 14, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Loretta Robertson at 4022 Madison Street. - Council established a Hearing Date of February 14, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Ginger Duckworth at 4356 5th Street Consent agenda vote - All ayes. Motion carried. Wyckoff commended Patty Muscovitz, new Council Secretary, on the new way o f formatting minutes by showing discussion items in italics. Item 4-A-8 First Reading - Ordinance 1395. Being an Ordinance Amending Chapter 5A of the City Code of 1977. PertaininK to the Housin~ Maintenance Code Minutes for Regular Ci~ Council Meeting of January 24, 2000 Page 5 Dan Shattuck, 3801 Van Buren, addressed the Council to support the changes recommended to the Housing Maintenance Code. He listed the properties he owns in Columbia Heights and indicated he also own properties in surrounding communities. He is a member of the local and metro housing boards. He thanked Dana Alexon, Assistant Fire Chief, and Ryan Case, Metro Housing Board, for their work on this issue and the resolution of differences between staff and landlords. Staff will be liberal and reasonable in time extensions for property re-inspections. Alexon also thanked Mr. Shattuck for taMng the time to work with himself and Ryan Case. Wyckoff suggested Mr. Shattuck consider applying for the Planning and Zoning Commission. Jolly indicated the need for people to participate on commissions, with Council possibly stepping down and becoming commission liaisons. Harold Hoium, 4321 5'h Street requested the City Attorney read the ordinance to the public. 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 HOUSING MAINTENANCE CODE Article I General Provisions Section 1: Statement of Purpose SA. 101(1) The purpose of the Housing Maintenance Code (hereinafter referred to in Chapter 5A as "Code") is to protect the public health, safety and general welfare of the people of this City. These objectives include, among others, the following; (a) To protect the character and stability of residential areas within the city; Co) To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health; (C) 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; (d) To prevent the overcrowding of dwellings; (e) To provide minimum standards for the maintenance of existing residential buildings and to thus Minutes for Regular City Council Meeting of January 24. 2000 Page 6 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 exercise 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 enforcement of this Code, to wit; (a) Accessory Structure. A structure subordinate to the main or principal dwelling or dwellings which is not authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. (b) Apartment Unit. Apartment, apartment unit, or dwelling unit means a room or group of rooms located within a building which form a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking or eating. (e) Approved. An indication that an item meets construction, installation, and maintenance standards of the State of Minnesota and of this Code. (d) Basement. Any floor level below the first story in a building, except that floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. (e) Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, and, when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. (f) Building official. Agent designated by the City Manager to enforce provisions of the Housing Minutesfor Regular City CouncilMeeting ofJanuary24,2000 Page 7 Maintenance Code. (g) 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. (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) Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 Edition, Intemational Conference of Building Officials. (q) Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other pest. (r) Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food or preparation of meals. (S) Occupant. Any person (including owner or operator) living, sleeping, cooking or eating within a dwelling unit. (t) Owner. Any person, firm or corporation who, alone, jointly or severally with others, shall be in actual possession of, or have charge, care control of any dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Also, any person, firm or corporation who has the fight to determine who occupies a rental structure (even though that right may be subject to a lease or rental agreement), or a person, firm, corporation who shall have the power to rent or let premises to another for purposes of this Code. Minutes for Regular City Council Meeting of January 24, 2000 Page 8 (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 anplatted 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. (X) Rental Dwelling. Any dwelling for hire with one or more living units. Rental dwellings for purposes of this Code do not include hotels, motels, hospitals or homes for the aged. (y) Repair. Repair shall mean to restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last as long as with the replacement by new items. (z) Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat. (aa) Replace or Replacement. To remove an existing or portion of a system and to construct or install a new item or a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical. (bb) Rooming Houses. Any group of rooms which form single habitable units used or intended to be used for living and sleeping, but not for cooking or eating purposes. (cc) Rubbish. Rubbish is defined in 55.605(2) (b) of this City Code. (dd) 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. 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 Minutesfor Regular City CouncilMeeting ofJanuary24,2000 Page 9 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. Co) Kitchen Storage. Each dwelling unit must contain a counter or table for food preparation and must contain cabinets and/or shelves for storage or eating, drinking and cooking equipment and utensils and of food that does not require refrigeration for safekeeping. All cabinets, shelves, counter tops, and tables shall be of sound construction covered with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. (C) Food Storage and Preparation. Each dwelling unit must contain an operational and functioning stove for cooking food and a refrigerator for the safe storage of food which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove or refrigerator need not be installed when a dwelling unit is not occupied and when the occupant is required to provide a stove or refrigerator on occupancy. If the occupant is required to furnish a stove or refrigerator, sufficient space and adequate functioning connections for the installation and operation of the stove and refrigerator must exist. (d) Toilet Facilities. Every dwelling unit shall contain a nonhabitable room which is equipped with a flush water closet in compliance with §6.201(1). Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate mount 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 under pressure, and shall be connected to the City sewer system. (g) Stairways, Pomhes 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 Minumsfor Regular City CouncilMeeting ofJanuary24,2000 Page 10 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. (ix) 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. (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. 6) 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 Minu~sforRegular City CouncilMee~ng ofJanuary24,2000 Page 11 commtmication system or device such as an intercom, telephone, audible bell or buzzer or other approved means or making contact with the tenants must be provided. Co) 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. Section 3: Light, Ventilation, and Electric 5A.203(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking, or eating therein which does not comply with the following requirements, to wit: (a) Habitable Room Ventilation. Every habitable room shall have at least one window facing directly outdoors which can be easily opened unless the room contains, in lieu thereof, another device affording ventilation which has been approved by the Building Official. The minimum total of openable window area in every habitable room shall be the greater of four pement (4%) of the floor area of the room or four (4) square feet. (b) Sleeping Room Egress. Sleeping rooms in buildings existing prior to this code must have window or door openings for egress of no less than four (4) square feet or the minimum size required by the Building Code in effect when the dwelling was constructed. Space that is added on or converted to sleeping rooms must meet the applicable codes at the time of conversion for habitable rooms and provide a means of egress with openable area of no less than 5.7 square feet. (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: (1) A dwelling containing two or more units shall have at least the equivalent or sixty (60) ampere, three-wire electric service per dwelling unit. (2) Each dwelling unit shall have a least one branch electric circuit for each six hundred (600) feet of dwelling unit floor area. (3) Every habitable room shall have at least the lessor of two floor or wall type electric Minu~sfor Regular City CouncilMeeting ofJanuary24,2000 Page 12 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. 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 trait 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. (b) 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 Minutesfor Regular City CouncilMeeting ofJanuary24,2000 Page 13 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 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. (f) 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 oafe 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: (1) For the first occupant, 150 square habitable room floor space and for every additional Minutesfor Regular City CouncilMeeting ofJanuary24,2000 Page 14 occupant thereof, at least 100 square feet of habitable room floor space. (2) In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. 5A.206(2) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling unit for occupancy by more than one family, other than for temporary guests. Section 7: Screening and Landscaping 5A.207(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the requirements of this §5A.207 (a) Definitions. For the purposes of this Section, the following terms shall have the meanings stated: (1) Fence. Any partition, structure, wall, or gate erected as a divided marker, barrier, or enclosure, and located along the boundary or within the required yard. (2) Landscape. Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor finishings. (3) Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top beside, or adjacent to a building. (4) Retaining Wall. A wall or structure constructed o f stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a plating area. (5) Screening. A barrier which blocks all views from public roads and differing land uses to off- street parking areas, loading areas, service and utility areas, and mechanical equipment. (b) Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. (1) Sodding and Ground Cover. All exposed ground area surrounding he principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape materials. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or memhandise. (2) Slopes and Betms. 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 Minutes for Regular City Council Meeting of January 24, 2000 Page 15 accordance with this code. All trees or other vegetation which spring up in crevices by foundations must be promptly removed to avoid structural damage. (4) Placement of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road right-of-way, or immediately adjacent to any driveway or road intersection if such landscaping would interfere with a motorist's view of the street or roadway or with the use of the easement for its intended purpose. (5) Weeds. The maintenance and upkeep of all lawns and yards shall be subject to Chapter 4, Article II, Section 3 of the Columbia Heights City Code, which is incorporated herein by reference. (C) General Screening. All loading, service utility, mechanical equipment, and outdoor storage areas, including dumpsters and refuse containers for dwellings of three (3) or more units shall be screened from all public roads and adjacent residential uses of property. All parking lots for dwellings of three (3) or more units if the property on which the lot is located abuts a differing land use and is not separated from the differing land use by a public street, roadway or alley shall be screened from adjacent differing land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five (75) percent capacity year-round. (d) Other Parking Lot Screening. All parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to §5A.207( 1 )(c) must either provide screening pursuant to § 5A.207 (1) (c) or provide a minimum on one deciduous tree for every forty-five (45) feet or portion thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is located. (e) Fences. All fences and screening devices shall be built and regulated in accordance with Chapter 6, Article IV of the Columbia Heights City Code, which is incorporated herein by reference. (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: Minutes for RegularCii-jCouncilMeeting ofJanuary24,2000 Page 16 (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. (t) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways. Between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1998. (i) Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. 5A.208 (2) Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to a variance. Section 9: Fire Safety 5A.209 (1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit; (a) Every existing dwelling unit shall be provided with smoke detectors conforming to U.B .C. Standard No. 43-6. Detectors shall be mounted on the ceiling or wall at a point centrally located in the conidor 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 Minu~sforRegular City CouncilMeeting ofJanuary24,2000 Page 17 actuated, the detector shall provide an alarm in the dwelling unit or guest room. (b) In new construction of any dwelling unit and in common hallways and other common areas of existing units, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for over current protection. (C) No person, firm, or corporation shall tamper with any smoke detection device. Any person, firm, or corporation proven to have tampered with any smoke detection device shall be guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine of not more than two hundred ($200.00) dollars. Section 10: Discontinuance of Service or Facilities 5A.210(1) No owner, operator or occupant shall cause any service, facility equipment or utility which is required under this Ordinance to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit except for temporary interruptions as may be necessary while actual repairs or alterations are made or 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 trait. 5A.211(2) Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. 5A.211(3) Prevention of Food for Rodents. No owner or occupant of a dwelling or dwelling unit shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. 5A.211(4) Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. 5A.211(5) Responsibility for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent-proof or reasonable vermin-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling Minu~sfor Regular City CouncilMee~ng ofJanuary24,2000 Page 18 units, extermination thereofshall be the responsibility ofthe owner. Ifthe problem persists proof of professional extermination shall be supplied to the inspections officer upon request. 5A.211(6) Garbage, Rubbish, and Recyclable Materials. Garbage, rubbish and recyclable materials shall be regulated in accordance with Chapter 8, Article III of the Columbia Heights City Code, which is incorporated herein by reference. ARTICLE III Inspection and Enforcement Section 1: Enforcement and Inspection Authority 5A.301(1) The City Manager and his/her designated agents shall be the Enforcement Official who shall administer and enforce the provisions of the Ordinance. Inspections shall be conducted during reasonable hours, and, upon request the Enforcement Official shall present evidence of his/her official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected. Section 2: Inspection Access SA.302 (1) If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises, or any part thereof, for an inspection authorized by this Ordinance, the Enforcement Official may, upon a showing that probable cause exists for the inspection or for the issuance o fan 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. Minu~sfor Regular City CouncilMeeting ofJanuary24,2000 Page 19 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: 5A.304(1) (a) (b) (c) (d) Compliance Order Whenever the Enforcement Officer determines that any dwelling, dwelling unit or the premises surrounding any of these fails to meet the provisions of this Ordinance, he/she may issue a Compliance Order setting forth the violations of the Ordinance and 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 Be served upon the owner of his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is: 5A.304(2) (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 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: 5A.305(1) Posting to Prevent Occupancy 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 Minutesfor Regular City CouncilMeeting ofJanuary24,2000 Page 20 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 heating thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under 5A.303(1). All appeals shall be conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition, International Conference of Building Officials. Article IV Licensing Section 1: License Required 5A.401(1) No person, firm or corporation shall operate a rental dwelling in the City without having first obtained a license as hereinafter provided from the Building Official. Each such license shall register annually with the City. If the license in denied, no occupancy of dwelling units then vacant or which become vacant is permitted until a license has been issued. Apartment units within an nnlicensed apartment building for which a license application has been made and which units are in compliance with this Chapter 5A and with §6.202(1) may be occupied provided that the unlicensed units within the apartment building do not create a hazard to the health and safety of persons in occupied units. Section 2: License Procedures 5A.402(1) (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. Minutesfor Regular City CouncilMeeting ofJanuaW24,2000 Page 21 (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. (C) Section 3: 5A.403(1) Section 4: 5A.404(1) 5A.404(2) (6) A description of the type of construction of the exterior of the building. (7) The number of paved off-street parking spaces available. (8) Name and address of person to whom owner/applicant wishes a certified letter to be sent for purposes of §5A.303 (1)(d). (9) All owners of rental dwellings shall provide telephone access number(s) to be used in emergency situations, including emergency maintenance and repair. This requirement shall be a condition precedent to the issuance of any rental license. Such other information as the administrative service shall require. Said information may include, but is not limited to tenant lists which include tenants name, unit, and identifying information (i.e. date of birth, social security number, driver's license number). Failure to complete, in full, the required license application shall be grounds for denial of the license. Application and Inspection 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. Issuance of Rental Housing License If the rental dwelling is in compliance with the requirements of the Code, a license shall be issued to the present owner, occupant or agent shall state that the structure has been inspected and is in compliance with the requirements of the Code. The present owner or any agent designated by the present owner or occupant shall obtain a license. If the City finds that the circumstances of occupancy following the issuance of the license involve possible Code violations, substandard maintenance or abnormal wear and tear, the City may again inspect the premises during the licensing period. The City may by Council resolution establish a reinspection fee. If a dwelling unit is not currently licensed, no license may be issued until all outstanding reinspection fees shall have been paid. Ifa Minu~sfor Regular City CouncilMee~ng ofJanuapJ24,2000 Page 22 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 fumished to the owner, operator, or agent of the rental dwelling, by the City Inspection Department, and Co) Attendance by the landlord or property manager at three or more hours of continuing education relevant to the operation or management of rental property during the last year. The City Council shall set by resolution, the types of continuing education meeting this requirement; and (C) Mailing the renewal form together with proof of completion of three hours of training and the required registration fee to the City Inspection Department, and (d) Successful completion of the annual Housing Maintenance Code inspection as required by Section 5A.303 (1) of this Ordinance. Such renewal shall only be effective upon successful completion of all the above set forth requirements. Further, said renewal or registration may be made only when no change in ownership, operation, agency or type of occupancy of the rental dwelling has occurred in the last licensing year. Section 8: Suspension or Revocation 5A.408(1) A license issued or renewed under this section may be revoked or suspended upon a finding of noncompliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. Minutes for Regular Cii-j Council Meeting of January 24, 2000 Page 23 5A.408(2) The Council may, for cause, revoke or suspend a license, or take other action restricting the privileges of a license subject to the following requirements: (a) The City, through its Enforcement Officer, provide the licensee with a written statement or reasons or causes for the proposed Council action together with a notice for public hearing. (b) The council shall conduct a public 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. (e) 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 commemial activity or trade or occupation that is licensed; or the premises where the licensed activity is conducted; shall be a prima facie showing of cause for revocation, suspension, or other action restricting the privileges of a licensee as the council may determine. 5A.408(4) Nondisclosure, misrepresentation or misstatement of a material fact in any application for a license under this chapter shall be a prima facie showing of cause for revocation, suspension, or other such action restricting the privileges of a licensee as the Council may determine. Section 9: License Fees 5A.409(1) License fees, inspection fees, and reinspection fees shall be established by Council resolution. Section 10: Conduct on Licensed Premises 5A.410 (1) It shall be the responsibility of the licensee to take appropriate action following conduct by persons occupying the premises which is determined to be disorderly, in violation of any of the following statutes or ordinances: (a) MN Stat. §609.75 through 609.76, which prohibit gambling; (b) MN Stat. §609.321 through 609.324 which prohibit prostitution and acts relating thereto; (C) MN Stat.§ 1 52.01 through 152.025, and § 1 52.027, subds. I and 2, which prohibit the unlawful sale or possession of controlled substances; (d) MN Stat. §340A.401, which prohibits the unlawful sale of alcoholic beverages; (e) MN Stat. §609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house; Minutes for Regular City Council Meeting of January 24, 2000 Page 24 (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) (i) (j) (k) 5A.410(2) 5A.410(3) 5A.410(4) 5A.410(5) 5A.410(6) MN Stat. §609.72, which prohibits disorde~y conduct. MN Stat. §609.221 through 609.224, which prohibits assaults, including domestic assault as defined in MN Stat.§ 518B.01. Violation of laws relating to contributing to need for protection or services or delinquency of a minor as defined in MN Stat. §260.315. Section 8.201 et al. Of this Ordinance which relates to animal noises and public nuisances. The Police Chief (Department) shall be responsible for enforcement and administration of this section. Upon determination by the Police Chief (Department) that a licensed premises was used in a disorderly manner, as described in section (1), the Police Chief(Department) shall notify the licensee by mail of the violation and direct the licensee to take steps to prevent further violations. If another instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice in subsection (3) was given, the Police Chief (Department) shall notify the licensee by mail of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This 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 Cotmcil at the request of the Police Chief(Department) in the manner describe( in Sections 5A.408 (1) through 5A.408 (4). If another instance of disorde~y use of the licensed premises occurs within three (3) months after any two (2) previous instances of disorderly use for which notices were sent to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief(Department) in the manner described in Sections 5A.408 (1) through 5A.408 (4). No adverse license action shall be imposed where the instance or disorderly use of a licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises, where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction Minu~sforRegular City CouncilMeeting ofJanuary24,2000 Page25 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. 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. Minums for Regular City CouncilMeeting ofJanuary24,2000 Page 26 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. 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. Minutesfor Regular City CouncilMeeting ofJanuary24.2000 Page 27 Shall hereafter read as follows, to wit: Chapter 5A RESIDENTIAL MAINTENANCE CODE Article I General Provisions Section 1: 5A. 101(1) (a) (b) (C) (d) (e) (f) 5A.101(2) Section 2: 5A.102(1) Statement of Purpose The purpose of the Residential Maintenance Code (hereinafter referred to in Chapter 5A as "Code") is to protect the public health, safety and general welfare of the people of this City. These objectives include, among others, the following; To protect the character and stability of residential areas within the city; To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health; To provide minimum standards for heating, for sanitary equipment and for light and ventilation necessary to protect the health and safety of occupants of building; To prevent the overcrowding of dwellings; To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight; To preserve the value of land and buildings throughout the city. With respect to disputes between landlords and tenants, and except as otherwise specifically provided by terms of this Ordinance, the City Council will not intrude upon the accepted contractual relationships between landlords and tenants. The City Council will not intervene as an advocate of either party, nor will it act as an arbiter, nor will it be receptive to complaints from landlords or tenants which are not specifically and clearly relevant to the provisions of this Code. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. In enacting this Code, the Council does not intend to interfere or permit interference with legal fights to personal privacy. Applicability This Code establishes minimum standards for maintaining dwellings, accessory structures and premises. This Code is intended to provide standards for housing. Applicable requirements shall apply to all apartment units, homes, accessory structnres, rooming houses, lodging and/or boarding houses and house trailers used or intended for use for human habitation. Section 3: Definitions Minumsfor Regular City CouncilMeeting of January 24,2000 Page28 5A. 103(1) The following definitions shall apply in the interpretation and enforcement of this Code, to wit; Accessory Structure. A stntcture 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. Co) Apartment Unit. Apartment, apartment unit, dwelling unit, or unit means a room or group of rooms located within a building which form a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking or eating. (C) Approved. An indication that an item meets construction, installation, and maintenance standards of the State of Minnesota and of this Code. (d) Basement. Any floor level below the first story in a building, except that floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. (e) Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, and, when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. (f) Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter. (g) Dwelling. A structure or portion thereof designed exclusively for residential occupancy, including boarding and lodging houses, but not including hotels and motels. (h) Dwelling Unit. Dwelling unit has the same meaning as apartment unit (within this Code). (i) Exit. A continuous and unobstructed means of egress to a public way and shall include intervening doors, doonvays, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit courts and yards. 6) Family. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping trait; or a group of not more than four persons not so related, maintaining a common household and using common cooking and kitchen facilities. (k) Functioning. In such physical condition as to safely perform the service or services for which an item is designed or intended. (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. MinumsforRegular City CouncilMeeting ofJanuaW24,2000 Page 29 (O) Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 Edition, as amended, International Conference of Building Officials. (p) Housing Enforcement Officer. AgentdesignatedbytheCityManagertoenforceprovisionsofthe Residential Maintenance Code. (q) Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other pest. (r) Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food or preparation of meals. (S) Occupant. Any person (including owner or operator) living, sleeping, cooking or eating within a dwelling unit. (t) Owner. Any person, firm or corporation who, alone, jointly or severally with others, shall be in actual possession of, or have charge, care control of any dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Also, any person, firm or corporation who has the 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) Promises. 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 egess fi'om 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, 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. (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 Minu~sfor Regular Cit'yCouncilMeeting ofJanuary24,2000 Page 30 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. (ff) 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) WaterCloset. Atoilet, 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: 5A.201(1) (a) (b) (C) Basic Equipment and Facilities No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit; Kitchen Sink. Each dwelling unit must contain a kitchen sink in good working condition and properly connected to an approved water supply system and which provides at all times an adequate amount of heated and tinheated running water under pressure and which is properly connected to the city sewage system. Kitchen Storage. Each dwelling unit must contain a counter or table for food preparation and must contain cabinets and/or shelves for storage or eating, drinking and cooking equipment and utensils and of food that does not require refrigeration for safekeeping. All cabinets, shelves, counter tops, and tables shall be of sound construction covered with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. Food Storage and Preparation. Each dwelling unit must contain an operational and functioning stove for cooking food and a refrigerator for the safe storage of food which are properly installed Minutes forRegularCityCouncilMeeting ofJanuary24,2000 Page 31 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 fu_mish a stove or refrigerator, sufficient space and adequate functioning connections for the installation and operation of the stove and refrigerator must exist. (d) Toilet Facilities. Every dwelling unit shall contain a nonhabitable room which is equipped with a flush water closet in compliance with §6.201(1). Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be properly functioning, and shall be connected to the City sewer system. (e) Lavatory Sink. Every dwelling unit shall contain a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working and functioning condition, shall be properly connected to an approved water system, shall provide at all times an adequate amount of heated and unheated running water under pressure, and shall be connected to the City sewer system. Bathtub or Shower. Every dwelling unit shall contain a nonhabitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. A bathtub or shower shall be prope~y connected to an approved water supply system, shall provide at all times an adequate amoant 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 flee 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 pomh or balcony. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load or one hundred (100) pounds per square foot of horizontal projection. (h) Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. (i) 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: Minumsfor Regular City CouncilMeefing ofJanuary24,2000 Page 32 (1) Existing Installation. Buildings in existence at the time of the adoption of the Code may have their use or occupancy continued, if such use or occupancy was legal at the time of the adoption of the code, provided such continued use is not dangerous to life. (2) Maintenance. All buildings and structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the Code shall be maintained in conformance with the code edition under which installed. 6) All repairs, replacements or maintenance to the structure or dwelling unit shall be installed or made so as to be compatible with the surrounding building materials and general appearance of the existing area. Section 2: 5A.202(1) (a) (b) (C) Door and Window Locks No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating unless all exterior doors of the dwelling or dwelling unit are equipped with safe and functioning door and window locks which comply with the following requirements, to wit: When access to a dwelling unit door is gained through a common corridor or entrance in a dwelling in which four (4) or more dwelling units share a common entrance or corridor, an approved system of controlled access shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from the hallways into individual dwelling units. Dead-latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of the building entrance doors. Building entrance door-latches shall be of the type that are permanently locked. An approved lock box with building entry key, boiler room key, laundry and common area keys, all marked individually accessible to the Fire Department must be provided for access to the building. The enumerated keys must be present in the lock box at all times. A communication system or device such as an intercom, telephone, audible bell or buzzer or other approved means of making contact with the tenants must be provided. Every door that provides ingress or egress for a dwelling unit within a multiple family unit shall be equipped with an approved lock that has a dead locking bolt that cannot be retracted by end pressure; provided, however, that such doors shall be openable from the inside without the use of a key or any special knowledge or effort. All ingress, egress and interior doors shall be kept 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: SA.203(1) Light, Ventilation and Electric No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or Minutesfor Regular City CouncilMeeting of January 24,2000 Page 33 dwelling unit for the purpose of living, sleeping, cooking, or eating therein which does not comply with the following requirements, to wit: (a) Habitable Room Ventilation. Every habitable room shall have at least one window facing directly outdoors which can be easily opened unless the room contains, in lieu thereof, another device affording ventilation which has been approved by the Building Official. The minimum total of openable window area in every habitable room shall be the greater of four pement (4%) of the floor area of the room or four (4) square feet. (b) Sleeping Room Egress. Sleeping rooms in buildings existing prior to this code must have window or door openings for egress of no less than four (4) square feet or the minimum size required by the Building Code in effect when the dwelling was constructed. Space that is added on or converted to sleeping rooms must meet the applicable codes at the time of conversion for habitable rooms and provide a means of egress with openable area of no less than 5.7 square feet. (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: (1) (2) (3) (4) (5) A dwelling containing two or more units shall have at least the equivalent or sixty (60) ampere, three-wire electric service per dwelling unit. Each dwelling unit shall have a least one branch electric circuit for each six hundred (600) feet of dwelling unit floor area. Every 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, kitchen, and laundry room shall contain at least one electric convenience outlet. Every public hall and stainray 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 Minusslot Regular City CouneilMeeting ofJanuary24,2000 Page 34 lighting. Section 4: Minimum Thermal Standards 5A.204(1) (a) (b) (C) (d) Section 5: 5A.205(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 therein unless such dwelling or dwelling unit shall have heating facilities which are prope~y 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: Gas or electrical appliance designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame or the use of liquid fuel shall not be considered as heating facilities within the meaning of this section and is prohibited. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. No owner shall supply portable electric heaters to comply with this § 5.204(1). Foundation, Exterior Walls and Roofs No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the following requirements, to-wit; The foundation, exterior walls and exterior roof shall be water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain or roof drainage and shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be covered by paint or other protective covering or treatment which protects the exterior surfaces from elements and decay in a functioning manner. 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. 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. Minutesfor Regular Ci~CouncilMeeting ofJanuary24,2000 Page 35 (C) Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be maintained in a tight weatherproof condition and may not be covered wholly or partially by toxic paint or materials with a lasting toxic effect. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean state. (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 promises where the dwelling or dwelling unit is located shall be maintained in accordance with §6.401 to §6.403, inclusive, of this City Code. (f) 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, pomh, 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: (D 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 Minutesfor Regular City CouncilMeeting ofJanuary24,2000 Page 36 dwelling unit for the purpose of living, sleeping, eating Or cooking therein which does not comply with the requirements of this §5A.207 (a) Definitions. For the purposes of this Section, the following terms shall have the meanings stated: (1) Fence. Any partition, structure, wall, or gate erected as a divided marker, barrier, or enclosure, and located along the boundary or within the required yard. (2) Landscape. Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor finishings. (3) Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top beside, or adjacent to a building. (4) Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a plating area. (5) Screening. A banier which blocks all views from public roads and differing land uses to off- street parking areas, loading areas, service and utility areas, and mechanical equipment. Co) Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. (1) Sodding and Ground Cover. All exposed ground area surrounding he principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape materials. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. (2) Slopes and Berms. Final grades with a slope ratio of greater than three (3) to one (1) will not be permitted without special approved treatment such as special weed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of three (3) to one (I). (3) Maintenance. Any dead trees, shrubs, ground covers and sodding shall be removed and/or replaced in accordance with this code. All trees or other vegetation which spring up in crevices by foundations must be promptly removed to avoid structural damage. (4) Placement of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road right-of-way, or immediately adjacent to any driveway or road intersection if such landscaping would interfere with a motorist's view of the street or roadway or with the use of the easement for its intended purpose. (5) Weeds. The maintenance and upkeep of all lawns and yards shall be subject to Chapter 4, Article II, Section 3 of the Columbia Heights City Code, which is incorporated herein by reference. Minutes for Regular City Council Meeting of January 24, 2000 Page 37 (C) (d) (e) (t) (g) Section 8: 5A.208(1) (a) (b) 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 fi'om adjacent differing land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five (75) percent capacity year-round. Other Parking Lot Screening. All parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to § 5A.207( 1 )(c) must either provide screening pursuant to § 5A.207 (1) (c) or provide a minimum on one deciduous tree for every forty-five (45) feet or portion thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is located. Fences. All fences and screening devices shall be built and regulated in accordance with Chapter 6, Article IV of the Columbia Heights City Code, which is incorporated herein by reference. Outside storage of articles, equipment, construction materials, items not designed for exterior use, and miscellaneous items, including but not limited to, lawn mowers and other lawn maintenance equipment shall not be allowed. A weather tight, rodent-proof storage building or shed must be constructed for storage of items not storable within the building. Variances under §5A.207 shall be enforced and administered in accordance with §5A.208(2). Exterior Parking, Pedestrian Walkways and Lighting. No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any building or structure in existence upon the effective date of this Ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1998. The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) All required parking spaces must be surfaced with asphalt or concrete. Minu~sfor Regular City CouncilMeeting ofJanuary24,2000 Page 38 (d) (e) (t) (g) Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. An unobstructed path must be provided between parking areas and the dwelling unit. Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways. Between the parking area and the dwelling unit for dwellings of two (2) or less units. In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) (i) 5A.208 (2) Section 9: 5A.209 (1) (a) (b) 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 jtmk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to a variance. Fire Safety No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit; Every existing dwelling unit shall be provided with smoke detectors conforming to U.B.C. 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 moanted on every level of the unit. Where sleeping rooms are on an upper level, the detectors shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. In new construction of any dwelling unit and in common hallways and other common areas of existing units, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a 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, Minutesfor Regular CiiyCouncilMeeting ofJanuary24,2000 Page 39 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: Discontinuation of Service or Facilities. 5A.210(1) No owner, operator or occupant shall cause any service, facility equipment or utility which is required under this Ordinance to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit except for temporary interruptions as may be necessary while actual repairs or alterations are made or during temporary emergencies. Section 11: Public Health and Safety 5A.211(1) Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. 5A.211 (2) Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. 5A.211(3) Prevention of Food for Rodents. No owner or occupant of a dwelling or dwelling unit shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. 5A.211 (4) Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. 5A.211 (5) Responsibility for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent-proof or reasonable vermin-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. If the problem persists proof of professional extermination shall be supplied to the inspections officer upon request. 5A.211 (6) Garbage, Rubbish, and Recyclable Materials. Garbage, rubbish and recyclable materials shall be regulated in accordance with Chapter 8, Article III of the Columbia Heights City Code, which is incorporated herein by reference. Minu~sforRegular City CouncilMeefing ofJanuary24,2000 Page 40 ARTICLE III Inspection and Enforcement Section 1: Enforcement and Inspection Authority 5A.301(1) The City Manager and his/her designated agents shall be the Housing Enforcement Officer who shall administer and enforce the provisions of the Ordinance. Inspections shall be conducted during reasonable hours, and, upon request the Housing Enforcement Officer shall present evidence of his/her official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected. Section 2: Inspection Access 5A.302 (1) If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises, or any part thereof, for an inspection authorized by this Ordinance, the Housing Enfomement 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 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 (Residential Maintenance Code violations were issued based on the complaints). Multiple complaints arising out of the same maintenance problem, which occur within a period of one week, shall be considered to be one complaint for the purposes of this Section. If any one of the above set forth conditions occur, the Housing Enforcement Officer will notify the landlord, in writing, that the landlord will be hence forth required to have the building inspected upon each tenant occupancy change. It will also be the responsibility of the landlord to provide a list of current occupants and a 72 hour notification of a new tenant move-in. The tenant occupancy change inspections shall occur for a period of one year from the date of notification by the Housing Minutes for Regular City Council Meeting of January 24, 2000 Page 41 Enforcement Officer, however, that time shall be extended if any of the above set forth conditions continue to exist. Section 4: Compliance Order 5A.304(1) Whenever the Housing Enforcement Officer determines that any dwelling, dwelling unit or the premises surrounding any of these fails to meet the provisions of this Ordinance, he/she may issue a Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant, operator, or agent to correct such violations. The Compliance Order shall: (a) Be in writing; (b) Describe the location and nature of the violations of this Code; (C) Establish a reasonable time not greater than 6 months for the correction of such violation and advise the person to whom the notice is directed of the right to appeal; and (d) Advise the person to whom the notice is directed of the right to appeal; and (e) Be served upon the owner of his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly 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 retum receipt requested to his/her last known address, or, (3) Upon failure to effect notice through (i) and (ii) as set out in this section, posted at a conspicuous place in or about the dwelling which is affected by the notice. 5A.304(2) Upon correction of all Residential Maintenance Code violations as set forth in the Compliance Order, the Housing Enforcement Officer shall, upon request of the owner or landlord, issue a written statement that all violations have been corrected in accordance with the Columbia Heights Residential Maintenance Code. Section 5: Posting to Prevent Occupancy 5A.305(1) The Housing Enforcement Officer may post any building or structure covered by this ordinance an being in direct violation of the ordnance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent danger to the health or safety of the occupants. No person, other than the Housing Enforcement Officer or his representative, shall remove or tamper with any placard used for posting. No person shall reside in, occupy or cause to be occupied any building, structure or dwelling which has been posted to Minu~sforRegularCityCouncilMeeting ofJanuary24,2000 Page 42 prevent occupancy. Section 6: Right of Appeal 5A.306(1) When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a misstatement or mistake of fact, such person may appeal as set forth in §6.202(I). Section 7: Board of Apeals 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 heating thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under 5A.303(1). All appeals shall be conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition, International Conference of Building Officials. Article IV Licensing Section 1: License Required 5A.401(1) No person, firm or corporation shall operate a rental dwelling in the City without having first obtained a license as hereinafterprovided from the Housing Enforcement Officer. Each such license shall register annually with the City. If the license in denied, no occupancy of dwelling units then vacant or which become vacant is permitted until a license has been issued. Apartment units within an unlicensed apartment building for which a license application has been made and which units are in compliance with this Chapter 5A and with §6.202(1) may be occupied provided that the unlicensed units within the apartment building do not create a hazard to the health and safety of persons in occupied units. Section 2: License Procedures 5A.402(1) Within l80daysafterthepassageofChapter5A, the owner ofany rental unit within the City shall apply to the Housing Enforcement Officer for a rental housing license in the manner hereafter prescribed. (a) Application shall be made on forms provided by the City and accompanied by the initial fee in an anmunt 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. (a) Applicants shall provide the following information on license applications: 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 Minutesfor Regular City CouncilMeeting of January 24,2000 Page 43 deed. (3) The address of the rental dwelling. (4) The number and kind of units within the rental dwelling, the floor area for each such unit and the total floor area for the building. (5) The number of paved off-street parking spaces available. (6) Name and address of person to whom owner/applicant wishes a certified letter to be sent for purposes of§5A.303 (1)(d). (7) All owners of rental dwellings shall provide telephone access number(s) to be used in emergency situations, including emergency maintenance and repair. This requirement shall be a condition precedent to the issuance of any rental license. (8) Such other information as the administrative service shall require. Said information may include, but is not limited to tenant lists which include tenants name, unit, and identifying information (i.e. date of birth, social security number, driver's license number). (c) Failure to complete, in full, the required license application shall be grounds for denial of the license. Section 3: Application and Inspection 5A.403(1) When required in accordance with the city's "Rental Inspection Policy" the Housing Enforcement Officer shall cause an inspection to be made of the premises to insure that the structure is in compliance with the requirement of the Code prior to issuance of a Rental Housing License. Section 4 Issuance of Rental Housing License 5A.404(1) If the rental dwelling is in compliance with the requirements of the Code, a license shall be issued to the present owner, occupant or agent shall state that the structure has been inspected and is in compliance with the requirements of the Code. The present owner or any agent designated by the present owner or occupant shall obtain a license. If the City finds that the circumstances of occupancy following the issuance of the license involve possible Code violations, substandard maintenance or abnormal wear and tear, the City may again inspect the premises during the licensing period. 5A.404(2) The City may by Council resolution establish a reinspection fee. If a dwelling unit is not currently licensed, no license may be issued until all outstanding reinspeetion fees shall have been paid. If a dwelling trait 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 Minutes For Regular City Council Meeting of January 24, 2000 Page 44 5A.405(1) A license issued under this Chapter shall be conspicuously displayed on the rental premises wherever feasible. The licensee shall promptly produce the license upon demand or a prospective tenant or the Housing Enforcement Officer or his/her authorized representative. Section 6: License Transfer 5A.406(1) The license is transferable upon application to the Housing Enforcement Officer and payment of the license transfer fee by the prospective owner if the licensed premises is in compliance with the Code. The license shall terminate if renewal or application for transfer is not made within 30 days after transfer of ownership of the dwelling unit. The amount of the transfer shall be set by resolution of the Council. Section 7: 5A.407(1) (b) (c) Section 8: 5A.408(1) 5A.408(2) (a) Co) License Renewal All rental licenses shall be effective for a period of one year. However, renewal of licenses, as required annually by this Code, may be made by: Completing the renewal form furnished to the owner, operator, or agent of the rental dwelling, by the Housing Enfomement Officer and Mailing the renewal form and the required registration fee to the Housing Enforcement Officer, and Successful completion of the Housing Maintenance Code inspection as required by Section 5A.303 (1) of this Ordinance. Such renewal shall only be effective upon successful completion of all the above set forth requirements. Further, said renewal or registration may be made only when no change in ownership, operation, agency or type of occupancy of the rental dwelling has occurred in the last licensing year. Suspension or Revocation A license issued or renewed under this section may be revoked or suspended upon a finding of noncompliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. The Council may, for cause, revoke or suspend a license, or take other action restricting the privileges of a license subject to the following requirements: The City, through its Housing Enforcement Officer, provide the licensee with a written statement or reasons or causes for the proposed Council action together with a notice for public hearing. 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. Minutes for Regular CiBrCouncilMeeting ofJanuary24.2000 Page 45 (C) 5A.408(3) 5A.408(4) Section 9: 5A.409(1) Section 10: 5A.410(1) (a) (b) (c) (d) (e) (0 (g) (h) (i) The Housing Enforcement Officer shall forward the findings and statement of action taken to the person in whose name said license was issued by mailing the same to the mailing address indicated on the license application. A violation of any provision of this chapter or of state law, prescribing standards of conduct or regulations goveming 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. Nondisclosure, misrepresentation or misstatement of a material fact in any application for a license under this chapter shall be a prima facie showing of cause for revocation, suspension, or other such action restricting the privileges of a licensee as the Council may determine. License Fees License fees, inspection fees, and reinspection fees shall be established by Council resolution. Conduct on Licensed Premises It shall be the responsibility of the licensee to take appropriate action following conduct by persons occupying the premises which is determined to be disorderly, in violation of any of the following statutes or ordinances: MN Stat. §609.75 through 609.76, which prohibit gambling; MN Stat. §609.321 through 609.324 which prohibit prostitution and acts relating thereto; MN Stat.§ 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 MN Stat. §609.72, which prohibits disorderly conduct. MN Stat. §609.221 through 609.224, which prohibits assaults, including domestic assault as defined MinumsforRegular City CouncilMeeting ofJanuary24,2000 Page 46 in MN Stat.§ 518B.01. (j) Violation of laws relating to contributing to need for protection or services or delinquency of a minor as defined in MN Stat. §260.315. (k) Section 8.201 et al. of this Ordinance which relates to animal noises and public nuisances. 5A.410(2) The Police Chief (Department) shall be responsible for enforcement and administration of this section. 5A.410(3) Upon determination by the Police Chief (Department) that a licensed premises was used in a disorderly manner, as described in section ( 1 ), the Police Chief(Department) shall notify the licensee by mail of the violation and direct the licensee to take steps to prevent further violations. 5A.410(4) If another instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice in subsection (3) was given, the Police Chief (Department) shall notify the licensee by mail of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Police Chief(Department)within5 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 after any two (2) previous instances of disorderly use for which notices were sent to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief(Department) in the manner described in Sections 5A.408 (1) through 5A.408 (4). 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. Itshallnot 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 Minutes forRegularCii-jCouncilMeeting ofJanuary24,2000 Page 47 this section. Article V: Remedies Section 1: 5A.501(1) Section 2: 5A.502(I) Section 3: 5A.503(1) Section 4: 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. 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 accordance with Minnesota Statutes Chapter 429, for abatement of nuisances and specifically for the removal or elimination of public health or safety hazards from private property. Any assessment levied thereunder shall be payable in a single installment. The intent of this section is to authorize the City to utilize all of the provisions of this Code and of Minnesota law to protect the public's health, safety and general welfare. Remedies Cumulative 5A.504(1) Section 5: 5A.505(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. Cost Recovery 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) The Clerk shall establish a separate improvement fund for the administration of Residential Maintenance Code charges. MinumsforRegular City CouncilMeeting ofJanuary24,2000 Page48 The costs related to the Residential Maintenance Code shall be certified annually by the Housing Enforcement Officer to the Clerk for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. 5A.5o5(3) On or before August 1 of each year, the Clerk shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. 5A.505(4) 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: 5A.601 5A.602 5A.603 5A.604 5A.605 5A.606 5A.607 5A.608 Penalties No person, firm, corporation, or licensee shall own and maintain or operate or rent to any other person for occupancy any rental dwelling, rental dwelling unit, or premises in which a rental dwelling unit is located in violation of Chapter 5A, Article II (§5A.201, et. seq.), maintenance standard. No person, firm or corporation shall operate a rental dwelling or dwelling unit without a license issued pursuant to this Chapter or accept rental payments from a tenant of any unlicensed dwelling or dwelling unit which payment is for occupancy for a period during which the dwelling or dwelling unit is not license pursuant to this Chapter. No person, firm, corporation or licensee shall refuse or fail to allow the Housing Enforcement Officer to enter a dwelling or unit pursuant to an administrative search warrant for the purposes of inspection when authorized by this Chapter. No person, firm, corporation or licensee shall fail or refuse to obey a Compliance Order validly issued under this Code. No person, firm or corporation shall give or submit false information on a license application or any renewal thereof. No person who is an occupant of a rental dwelling or rental dwelling unit shall cause a rental dwelling, rental dwelling unit or the premises on which a rental dwelling unit is located to become in violation of any of the maintenance standards set forth in Chapter 5A, Article II (§5A.201, et. seq.), normal wear and tear excepted. No person shall occupy an unlicensed dwelling or dwelling unit if such dwelling unit is required to be licensed under this Chapter. No occupant of any rental dwelling or rental unit shall fail to allow or refuse entry to the Housing Enforcement Officer, for purposes of inspection when authorized by this Code. Minutesfor Regular City CouncilMeefing ofJanuary24,2000 Page 49 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 fome and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: January 24, 2000 Offered by: Seconded by: Roll Call: Mayor GaryL. Peterson Patricia Muscovitz, Deputy City Clerk Motion by Szurek, second by Hunter to waive the reading of Ordinance #1395, there being ample copies available to the public. Motion by Szurek, second by Hunter to schedule a Second Reading of Ordinance #1395, for February 14, 2000, at approximately 7:00 p.m. Upon vote - all ayes. Motion carried. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Proclamations (b) Presentations 1) Values First - Barbara Jo Warren Barbra Warren, Coordinator for Values First, informed Council members on the progress of the organization in the last 10 months. She went through a handout showing the organizational chart, committee members, action plan, 2000 meeting topics and schedule, and survey results. She indicated Values First banners are up in all the schools. As a surprise, the new Values First Mascot, Val the Bear, was introduced. The mascot will be available for school and community events. Ms. Warren thanked Council members and residents of the City for their support. The first year was spent formulating the program and the second year will concentrate on promoting Values First. Fehst commented that in the ten months Barb Warren has been with the Values First program he has noted a vast increase in professionalism and public knowledge of Values First, thanks to Ms. Warren's efforts. Police Chief dohnson agreed and stated the program has really grown in the past year, and there are a lot of good Minutesfor Regular CiLyCouncilMeeting ofJanuary24,2000 Page 50 thingsplanned for the future with Ms. Warren's leadership. Jolly thanked Ms. Warren. He suggested Council may want to continue with the "Council Value of the Month ". (c) Introduction of New Employees 1) Cheryl Bakken, Community Development Secretary Completed at the beginning of the meeting. D. Recognition 6. PUBLIC HEARINGS A. Rental License Revocation 1) Public Hearing for Revocation/Suspension of Rental Housing License Assistant Fire Chief Alexon gave the license background. He met today with the property owner regarding three violations. The owner requests an additional two week time period to complete or show a plan, and has made temporary repairs. Alexon believes the property owner is currently working toward compliance. Motion by Wyckoff, second by Szurek to table the matter of Rental License Revocation or Suspension of the Rental License held by Heidi Von Heideman regarding property at 3718 Central Avenue to the February 14, 2000 City Council meeting, in that the Property Owner has requested additional time to correct deficiencies at the property. Upon vote - all ayes. Motion carded. B. 2000 CDBG Application 1 ) Public Hearing for 2000 CDBG Application Submission. Community Development Director Anderson reviewed the proposed Anoka County Community Development Block Grant (CDBG) application for funds eligible between July 2000 to December 2001, in the areas of commercial revitalization, housing revitalization, and public service agencies. Public service agency funds are limited to 15%, or $31,793; requests exceeded $70,000. Families Moving Forward was not recommended for funding this cycle. Recommending funding for commercial revitalization, which involves acquisition and clearance of blighted or substandard properties in commercial and industrial districts, is $150,165. Housing rehabilitation funds are 50% grant and 50% a deferred loan. Jolly opened the public hearing. Mr. Hoium stated funds need to be used for sidewalks and curb cuts so seniors, disabled people, and children don't have to walk in the street. Jolly asked that he inform the city in the spring of areas that need repairs. Sarah Henfling, Communications Specialist with CAP, thanked Council for their support and this grant. The Community Emergency Assistance Program is celebrating 30years of providing emergency services and promoting self sufficiency. The program offered assistance 199 times last year to Columbia Heights residents. Jolly thanked her and requested a copy of the annual report be given to the city manager and Mr. Galuska's class. Residents may reach the CAP program at 783-4930 by appointment. Kathy Widman, Director of Senior Programs at ACCAP, and Jan Lapitz, Columbia Heights Outreach worker, thanked Council for their generous support of this program. 432 visits were made to seniors and disabled persons, and 239 individuals were served in Columbia Heights. Their goal is to prevent premature nursing Minu~sfor Regular City CouncilMeeting ofJanuary24,2000 Page 51 home placement. Residents may reach this program by calling 783-4781. Kathy Widman also spoke on behalf of the Handyworks program, as the Fridley coordinator could not be present. This is a chore serviceprogram for resident over age 60, which includes house cleaning, shoveling, mowing, and minor home repairs. Fees are substantially less for quali~ing residents. She addressed the audience of youth, who may be looking for jobs, to contact the program at 502-5151. Nichole , coordinator of Bridgeview, thanked Council for their support. This is a support facility for persons experiencing mental illness, allowing social and recreational opportunities and rides for adults in Anoka County, servicing 300 individuals with 3000 contacts. She introduced Sara, who uses this facility. Sara explained her situation and the help and support she has received at Bridgeview. This is part of the funded Central Center for Family Resources. which may be reached by calling 783-7400. Jolly closed hearing. Motion by Szurek, second by Hunter, to approve submission of the 2000 application for Community Development Block Grant (CDBG) funds in the amount of $31,793 for public service agencies as recommended by the Human Services Commission, $150,165 for commercial revitalization, and $30,000 for housing rehabilitation; and, furthermore, to direct staff to prepare and submit said application to Anoka County. Upon vote, all ayes. Motion carded. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions City Attorney Hoefi indicated these ordinance revisions are to make council members non-members of City Commissions. Assistant City Manager Magee revised the ordinances. Hoe~ indicated this ordinance should be tabled at the second reading if vacated seats are not yet~lled Wyckoff indicated she is proud of Councilmembers for worMng together to accomplish this task, as commissions should be a place where residents can participate and have their say. She encouraged residents to become active and help the Council make decisions by applying to serve on City Commissions. For applications, residents may come to City Hall or call the Deputy City Clerk. Fehst described the duties of the Human Service Commission, including funding of service organizations, selecting Humanitarian of the Year, and currently an essay contest in the schools on the Bill of Rights. The group meets quarterly. Hunter promoted the Planning and Zoning Commission as one of the most important and active commissions which must have a quorum to take action. Residents must be 18 years of age to apply. 1) First 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: Minutes for Regular City CouncilMeeting ofJanuary24,2000 Page 52 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. This Ordinance shall be in full fome and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: January 24, 2000 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Motion by Wyckoff, second by Hunter, to waive the reading of Ordinance No. 1405, there being ample copies available for the public. Upon vote, all ayes. Motion carried. Motion by Wyckoff, second by Hunter, to schedule the second reading of Ordinance No. 1405, for Febmaryl4, 2000, at approximately 7:00 p.m. Upon vote, all ayes. Motion carded. 2) First Reading of Ordinance No. 1406, Being an Ordinance Amending Ordinance No. 853 City Code of 1977, Pertaining to the Human Services Conunission ORDINANCE NO. 1406 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTMNING 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 Minutes forRegularCiBtCouncilMeeting ofJanuary24,2000 Page 53 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 heating. 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. (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. 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 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Motion by Wyckoff, second by Hunter, to waive the reading of Ordinance No. 1406, there Minutes for RegularCityCouncilMeeting ofJanuary24,2000 Page 54 being ample copies available for the public. Upon vote, all ayes. Motion carried. Motion by Wyckoff, second by Hunter, to schedule the second reading of Ordinance No. 1406, for Februaryl4, 2000, at approximately 7:00 p.m. Upon vote, all ayes. Motion carded. (d) First Reading of Ordinance No. 1407, Being an Ordinance Amending Ordinance No. 853 City Code of 1977, Pertaining to the Planning and Zoning Conmaission 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: (a) 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. (b) 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. (C) 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: (a) 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 Attorney shall serve as ex-officio members of the Commission. (b) 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. Minutesfor Regular CiWCouneilMeeting ofJanuaW24,2000 Page 55 (e) The Commission shall elect a Chairperson from among its membership. Secretary need not be designated from the Commission membership. The 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 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Motion by Hunter, second by Wyckoff, to waive the reading of Ordinance No. 1407, there being ample copies available for the public. Upon vote, all ayes. Motion carded. Motion by Hunter, second by Wyckoff, to schedule the second reading of Ordinance No. 1407, for Februaryl4, 2000, at approximately 7:00 p.m. Upon vote, all ayes. Motion carried. (d) First Reading of Ordinance No. 1408, Being an Ordinance Amending 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 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: Minutesfor Regular CityCouncil ofJanuary24,2000 Page 56 3.308 (1) Meeting 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 Offered by: Seconded by: RollCall: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Motion by Hunter, second by Szurek, to waive the reading of Ordinance No. 1408, there being ample copies available for the public. Upon vote, all ayes. Motion carried. Motion by Hunter, second by Szurek, to schedule the second reading of Ordinance No. 1408, for Februaryl 4, 2000, at approximately 7:00 p .m. Upon vote, all ayes. Motion carried. 1) First Reading of Ordinance No. 1409, Being an Ordinance Amending 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 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 Minutes for Regular City CouncilMeeting of January 24,2000 Page 57 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Motion by Szurek, second by Wyckoff, to waive the reading of Ordinance No.1409, them being ample copies available for the public. Upon vote, all ayes. Motion carried. Motion by Szurek, second by Hunter, to schedule the second reading of Ordinance No. 1409, for February l4, 2000, at approximately 7:00 p.m. Upon vote, all ayes. Motion carried. 2) First 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 Telecommtmications Commission is hereby established which shall consist of seven (7) members to be organized as follows: A, 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(l) 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. 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. 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 hereinafier. 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. Seven (7) members shall be appointed by the Columbia Heights City Council. The members appointed by the Columbia Heights City Councfi shall be residents of Minu~sforRegularCity CouncilMeeting ofJanuary24,2000 Page 58 Columbia Heights. A majority of Commission members shall constitute a quorum. C. D. E. F. 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. 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. 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: Second Reading: Date of Passage: January 24, 2000 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Motion by Szurek, second by Wyckoff, to waive the reading of Ordinance No. 1410, there being ample copies available for the public. Upon vote, all ayes. Motion carded. Motion by Szurek, second by Wyckoff, to schedule the second reading of Ordinance No. 1410, for February 14, 2000, at approximately 7:00 p.m. Upon vote, all ayes. Motion carried. B. Bid Considerations C. Other Business Wyckoff stated she was angry to hear that Metro Transit proposed to cut some services in Columbia Heights. Information in the City Green Sheet listed items to be discontinued. She is especially concerned about the route to Apache Plaza and the one to Crest View. Council members indicated during meetings last year with Metro Transit they stated no service would be stopped, only possible smaller buses. She has personally talked to three people who are dependant on this bus to get to work. Wyckoff informed everyone that there is an open house scheduled for Tuesday, January 25, from 4:30 to 7:30p. m. in the basement of the Library. She encouraged everyone to come and tell Metro Transit to keep Route #18 bus active and to continue these very important services. Fehst felt there should have been notz~cation to the public through ~yers or other resources. City Planner Hollman will attend the meeting. Wyckoff indicated the shut down is not immediate, but possibly in the year 2000. She would like to indicate our position now. Council requested a letter be drafted and presented to Metro Transit at the meeting reflecting this discussion. Council discussed taking action, in the form of a resolution, at a future meeting. Mr. Hoium suggested the letter be addressed to Ted Mondale, stating the number of seniors and disabled Minutesfor Regular City CouncilMeeting ofJanuary24,2000 Page 59 residents in Columbia Heights. Jolly congratulated John Murzyn Jr. on being named the 1999 City of Columbia Heights Employee of the Year.t 8. ADMINISTRATIVE REPORTS A. Report of the City Manager A Storm Sewer Public Hearing for utility fees will be heMMonday, January 31, from 5.'00 to 7.'OOpm., with a formal presentation at 7.'OO p. m. Jolly indicated a mailer was &livered to homes on Thursday of last week. Fehst indicated if anyone had questions they could call the new city phone numbers listed on their T. V. screen. Residents may call City Hall starting Tuesday for bus schedule changes. Also, residents may call 706~3607 to leave voice mail messages for Councilmembers. B. Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Meeting of the January 4, 1999 Library Board of Trustees 2) Meeting of the November 16, 1999 Economic Development Authority 3) Meeting of the December 21, 1999 Economic Development Authority 4) Meeting of the January 7, 2000 Charter Commission 5) Meeting of the January 19, 2000 Human Services 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.) Joll. v asked students from Mr. Galuska's class to come forward and introduce themselves. Karsten McCarthy, 4315 3ra Street stated there were not ample copies of the Housing Code available and requested the City Attorney read the Code. He was immediately given a copy. Mr. McCarthy started to speak of guns and Council President Jolly requested no reference be made to guns or violence and asked him to please sit down. Harold Hoium spoke on keeping sidewalks and bus stops clear of snow and ice so seniors and disabled Americans can get around the city. Fehst indicated the City has a removalprogram for major sidewalks attd the City will redouble efforts to noti~ persons who have put snow on sidewalks. Fehst will check on snow rentoval at bus stops. Ken Evans, 3720 2 ~ Street NE, stated that from 3700 to 3900 2 ~ Street there are only seven homes with sidewalks, and 40feet from his house the sidewalk is discontinued, but he received a citation and feels it is not fair. This is the first time he has been cited in 8years. Fehst indicated the City has no formal program to rebuild sidewalks and the City can be petitioned for removal. Hunter asked that this be discussed at to a work session. Fehst indicated staJ~ may look into completing this walk or eliminating it. Harold Hoium indicated removal of the walk would~o~ce children to walk in the street. Ken Evans requested a copy of the sidewalk snow removal ordinance be sent to him. 11. ADJOURNMENT Motion by Szurek, second by HTyckoff to adjourn the meeting at 9.'OO p. m. Patricia Muscovitz, Deputy City Clerk t-t-A-t OFFICIAL PROCEEDINGS OF COLUMBIA HEIGHTS CITY COUNCIL PLANNING AND ZONING COMMISSION INTERVIEWS HELD: FEBRUARY 7, 2000, 5:30 P.M. CONFERENCE ROOM I Staff informed Council that an additional application was received today in the mail from Barbara Gertsema, 4423 Tyler Street NE. Ms. Gertsema was contacted and would be unable to attend tonight because of a prior commitment. A copy of her application was distributed to Council. Interviewed candidate #1 - 5:35 p.m. Tammera Ericson, 2020 Fairway Drive Interviewed candidate #2 - 5:50 p.m. Roger Peterson, 4113 Quincy S NE Interviewed candidate #3 - 6:05 p.m. Dan Shatmck, 3801 Van Buren Street NE Interviewed candidate #4 - 6:20 p.m. Karen Griebenow, 1493 Lincoln Terrace Interviewed candidate #5 - 6:35 p.m. Joseph Wolney, 542 Summit Street NE Interviewed candidate #6 - 6:50 p.m. Steve Johnson, 5029 6th Street NE Interviews concluded at 7:02 p.m. Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: February 14, 2000 AGENDA SECTION: Consent NO: ITEM: Conditional Use Permit NO: Case #2000-0202, 4300 Central Avenue Issue Statement: Mr. Peter Linder of Linder's Greenhouses, Inc. is requesting approval of a Conditional Use Permit to allow the operation of a temporary "mini garden center" (Flower Mart) and retail sales in the easterly portion of the parking lot of Central Valu Mall, 4300 Central Avenue, from April 15, 2000 through July 7, 2000. Background: This will be the eleventh year Linder's Greenhouses, Inc. will operate their greenhouse in the same location. Analysis: Section 9.113(2)(a) of the Retail Business Section of the Zoning Ordinance requires a Conditional Use Permit for accessory structures. The attached site plan illustrates the configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as last year with four, six foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. Existing parking exceeds zoning requirements, and adequate parking will be maintained after placement of the accessory structures over this portion of the parking lot. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on February 1, 2000. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the one condition listed in the recommended motion. Recommended Motion: Move to approve 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. Attachments: Staff Report; Completed application form; Correspondence from Mr. Linder,' Permission letter,' Certificate of Insurance; Site plans; Public Notice COUNCIL ACTION: Case: 2000-0202 Page I Case #: Owner: Address: Phone: STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR file FEBRUARY 1, 2000 PUBLIC HEARING 2000-0202 Bradley RealEstate 2100 N. Snelling St. Paul (651) 631-0340 Parcel Address: 4300 Central Avenue Zoning: RB - Retail Business District Comprehensive Plan: C- Commercial GENERAL INFORMATION Applicant: Linder's Greenhouses, Inc. 275 W. Wheelock Pk St. Paul, MN 5517 (651) 488-6717 Surrounding Zoning and Land Uses: Zoning North: LB South: LB East: RB West: R-2 Land Use North.' Commercial South.' Commercial East: Commercial West: Residential BACKGROUND Ex. vlanation of Request: Mr. Peter Linder of Linder's Greenhouses, Inc. is requesting approval of a Conditional Use Permit to allow the operation of a temporary "mini garden center" (Flower Mart) and retail sales in the easterly portion of the parking lot of Central Vah Mall, 4300 Central Avenue, from April I5, 2000 through July 7, 2000. Case History.' This will be the 11th year Linder's Greenhouses, Inc. will operate their greenhouse in the same location. ANALYSIS Surrounding Property: The property to the noah and south of the subject parcel is zoned LB, Limited Business and is used commercially. The property across Central Avenue to the east is zoned RB, Retail Business and is used commercially. The area west of Central Value Mall is zoned R-2, Single and Two Family Residential and is used residentially. Case: 2000-0202 Page 2 Technical Review: Section 9.113(2)(a) of the Retail Business Section of the Zoning Ordinance requires a Conditional Use Permit for accessory structures. The attached site plan illustrates the configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as last year with four, six foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. Existing parking exceeds zoning requirements, and adequate parking will be maintained alter placement of the accessory structures over this portion of the parking lot. A letter from Bradley Real Estate granting permission to Linder's Greenhouses, Inc. is attached. Compliance with City Comprehensive Plan: The Land Use Plan Map designates this area of Columbia Heights for future commercial activity, including retail sales, offices, and service businesses. The proposal is consistent with the intent of the City Comprehensive Plan. Summary: The positive aspects of this petition are as follows: 1. The proposal is consistent with the Columbia Heights Zoning Ordinance. 2. The proposed use has operated for each of the past eleven years over a similar time period and has operated without any significant complaints. 3. The proposal is consistent with the iment of the City Comprehensive Plan. The negative aspects of this petition are as follows: 1. There do not appear to be any negative aspects. CONCLUSION Staff Recommendation: Staffrccomn~endsapprovaloftheConditionalUsePermitprovideda $500 deposit is submitted to the License/Permit Clerk prior to the instalIation of the structures on the site to ensure their removal at the end of the approved time period. Recommended Motion.' Move to recommend approval of 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. Attachments: Completed application form; Correspondence from Mr. Linder; Permission letter; Certificate of Insurance; Site plans; Public Notice Application For= Rezonigg Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other X Application Fee, tO0.00 Date Paid . , 1. Street Address. of Subject Property, 2. L'egal Description of Subject Propertyl 4300. Central Avenue N,E, Applicant, 4 ~ Cond~t[oma] Use PU~m[t -~ Description of ReqUest: Zoning: Applicable City Ordinance Numbar ~/6 Present ZonJ~g Section 9.//3 Proposed ZoninE_' L/',, Proposed Use _~..~_~..~- ~,,~ Reason for Request: to allow the operationlo__f ate. mporary mini carden centeJ;.aJ~_J:b.e, ...... easterly portion of the parking lot from ]SJ~ttL, ~'-~- ,'-~UL-~-/~ 8. E~i~i~SuSmitted (maps, diaSr~s, etc.) ~ 9. Acknowledgment and Si~nature~ The ~de[si~ned herebxrepresents upon all of the ' penalties of law, for the purpose of ~duchE the cit7 of Columbia HeiEhte to take the action heroin requested, that all etatement~ heroin are t~e and that all work heroin mentioned ~111 be ~i~C'~'~dance ~lth the Ordinances of th~ Cit7 of Columbia Taken ByL__ ~ ., :- CORPORATE OFFICES 275 W. Wheelock P~,wy. St. P~,Jt, MN 5511; (651) 488-6717 - ",:' .; Fax: (651) 488'572( GREENHOUSES, GARDEN CENTER & FLOWER MARTS Lic~msedPermit Cleric-': -- City:"~ff Columb~a Heights 590 40th Ave NE Columbia Heights; MN 55421-2800 Aitached to' ~his]~tt~/, is my application for the 2000 Linder', FI6W&' Mart:at thi Central ~ralue - Man at:44th. and Central: Th8 seasan rot 2000 is planh~i t~-S~0n{April' lS t~u'161y-7: ;The' '--~- -:: ' . ' geasdn e~;:'rb~ipbndS'to all the '0~her seas6ni'whi~h¥6'hi;d i;een:at tl~i~loc~ati*'ofi'. We ~re'~a~er to.. '-.: :. ' i'etum foi our eleV~th succes~l" -. ::- ,., .:4<::~.~ _..-7:-:.-_ -- .:~-: 4..,,.- :..4.->-:' c', ,-,...f'.ii:b~:..: ',%,: '..."'.5..: .~ ' . "~Ve hiv~ ~l~vei6ped avery loyal cUStomer hardin ~l/imbiii i-iei~Cs~Vl~o 10o~k'~orward:i0 · ' :'returning y~ar' atter'~ear.. They' ~Ways;want "5 "-'{ e/c~eni:i6di~r'iervi6e. Linder's eohSidersC6iumbia Heights.m ~6n~'0f-6urblst FloWer t .: ,: -.' "" ~ .'Mart locations: ; , --: .... . _ This year we are planning the exact same Bower Mar~we used la~ ydYa'. W~ val use the same structure and materials which we have used in the past, I am also providing the same/r~orma~ion - that.wcprovided last year about the Flov/er Mart: :... v --: . · _. :-.. _ - .- · 1. There is nO parldng adjacem to the ·Flower Mart, We, do not allow smoking and place many 'signs to that effect,. Smoking is liarmful to the pints, ' ' ': - ' ._ 2, There are tour6 toot doors which remain open at all times during business hours, - 3. There will be at least tour fire extinguishers in the Flower Mar~ 4, The flammability information on the poly is in the en¢lose~i materi~::'- If you have any questionS about this application please call me. I will address any issues promptly. We feel we are an asset to this community and want to grow here to meet our customers needs. Please let me know when this item will be ~. the agenda tor consideration. I look forward to a successful spring season in 2000 in Columbia Heights. Any questions or concerns please call me at 612-363-4414. Sincerely, , ' 'Lhidefs Greenhouses Inc.' BI BRADLEY Rear Estate December 2, 1999 Mr. Pete Linder Vice President Linder's Greenhouse 9075 - 15m Street, North Lake Elmo, Minnesota 55042 RE: Spring Garden Center - Central Valu Shopping Center Dear Mr. Linder: Please consider this written confirmation of your agreement with Bradley Real Estate, Inc. to host a Spring Garden Center in the front parking lot area of Central Valu Shopping Center at 4300 Central Avenue in Columbia Heights, Mirmesota. We look forward to working with you in 2000. Please call me with any questions, comments, or concerns at 651-631-3942. P cCaxm-- General Manager TE 2100 North Snelling Avenue, Roseville, bIN 55113 Tel: (65l) 6~1-0~40 Fax: lost) O51A25~ q~raeville, IL G202L INSURED Linder'e Greenhouses Inc 275 West Wheelock Parkway St Paul, MN 55117 CERTIFICATE OF INSURANCE 107554 ; 01/14/2000 THIS CERTIFtCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTiFiCATE HOLDER. THiS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFEORDING COVERAGE COMPANY l~tS IS TO CERTIFY 1}tAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WFrH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A ;:i:i;!:~! ICUUMSMAOE [~']OCCUR BP- 03322 01/14/2000 01/14/2001 El 1981 01/14/2000 01/14/2001 4494 WCS 08062 01/14/2000 01/14/2001 4494 X ~ STATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMP%,OYEE $ 1,000,000 1,000,000 S00,000 500,000 100,000 2,000 3,000,000 3,000,000 500,000 500,000 500,000 DESCRIP~ON OF OPERAT[ON$~OCATrONSNB'IICLE$1$PECIALiTEMS CERTIFICATE HOLDER ACORn3 25-S (3/93) 75272 GB14 CANCELLATION ~HOULD ANY OF THE ABOVE DESCRIBED POLIC[ES BE CANCELLED BEFORE THE CORD CORPORATION 1993 //,,//.///I/' I/,'1/I/'///// z I////"/1~/~1111///i/~'1 '/I/~. Y//Ii/zz ,z. ; ~ ; ~'; Y, ~ _. 1/111,'1// ~ ///////ll/l/~..'J TO BE ATTACHED TO AND BECOME A PART OF THAT CERTAIM LEASE AGREEMENT COVERING SPACE IN THE CENTRAL VALU MXLL SHOPPING CENTER. Ex~IT A t/ \ m - I · · · United States Tesiing Company, Inc. California Division' CLIENT: SUBJECT: Star-Tax 8235 220th St::reet West Lakerifle, MN 55044 FL~Z,'~_ OF PCLZ~TE~-ENE FILM REFERENCE~ CZien~'S let:at da'ced 1/28/95 pet Pat La~3on. SAH, PLE IDENTZFICATION: Two samples Of polye=hyleRe film submitted and identified by t_he Client 2) 6 mil TEST REOUEST A/~D Flammabili'~_~er S~a~a oe California Ad~ninis=rauive Code, Title 19, PuDli~ SafetT, SubchaUCer {Small S~ale Test), Procedure 8~1, as modi~ec~ by =he S~a~e Fire ~arshal. NUMBER Condi=ionin~: 70 = 2*F and 65 Flame Amylied: 12 seconds Fuel~ Gas flixture B ± 2t relative humidi~y REQUIRF~ENTS= The afterflame time shall.not exceed two secpnds. The average length of char shall not exceed six inches. Laboealor;es in: Lsth.~a~h/ Supervised by: T. con, H~=. SIGNED FOR'THE COMPANY BY ~ C. HacalUso, As9'~. V. Manager, Mac'l./Tx. De LA 50192 Z,'S/~5 TEST 4 mil Fl~mmahiLi=v - Small Scale Tes~ Afterflame, Sec. Char 0.0 ~.8 0.0 4.8 0.0 6.6 0.0 0.0 5.4 Ave. 5.2 6 roll 0,0 0,0 4.7 0,0 0,0 5.3 0,0 4.8 Ave.. 5. I COMMENTS: Th~ ~ubmi:t~d p~lyeth]'lene fil~ samples mee~ -_he flammabili=y requirements cf the State of Cal£=ornia Title !9, Section 1237.1. CITY OF COLUMBIA HEIGHTS PIAAIIVlAIG AAID ZO/IlIIVG COI~A/IISSIOIV NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commlssmn will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, February 1, 2000. The order of business is as follows: A request for a Conditional Use Permit to aUow the operation of a temporary "mini greenhouse" and retail sales from the easterly lot of the Central Valu Mail, 4300 Central Avenue NE, from April 15, 2000, through July 7, 2000. Section 9.113(2) of the Retail Business section of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for accessory structures. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Joe Hollman, City Planner, at 612-782-2856. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Wait Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, extension 209, to make arrangements. (TDD/782- 2806 for deaf or hearing impaired only.) CITY COLrNCIL LETTER AGENDA SECTION: Consent '-1- A-'3 ITEM: Conditional Use Permit NO: Case # 2000-0203, 4757 Central Avenue NE Meeting of: February 14, 2000 ORIGINATING DEPT.: Community Development B: Joe Hollman/& DXTE: February 2, CITY MANAGER APPROVAL BY: .d~J/~j" Issue Statement: This is a request for a Conditional Use Permit to open The Gardens Restaurant in a portion of the building at 4757 Central Avenue NE. The proposed restaurant will contain approximately 70 seats. Background: Case 9806-26 was a request for site plan approval and a Conditional Use Permit to open a combination Subway Restaurant and TCBY in a portion of the former Peaking Palace Restaurant at 4757 Central Avenue NE. Case 9807-35 was a request for a variance to allo~v parking in the front yard in the RB, Retail Business District at 4757 Central Avenue NE which was approved by the City Council. Most recently, Case 9912-40 was a request to operate a day care center in this space which was approved by the City Council. However, the applicants were not able to finalize a lease agreement with the building owner. Analysis: The subject property is zoned RB, Retail Business District, and Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for restaurants in the RB District. The subject property meets minimum yard and density requirements. The applicant is not proposing any significant physical changes to the site, or exterior structural changes to the building. However, please note that two public exits from the space will be provided, and a new 4 foot wide concrete walk is being proposed from the exit along the south wall of the building to the parking lot on the east side of the building. Parking requirements for a restaurant are at least one space for each three seats based on capacity design. According to the floor plan, there will be 70 seats in the restaurant which requires 23 parking spaces. There are 59 total parking spaces on the site including three handicap accessible parking spaces along the west side of the building. The Subway/TCBY requires 25 total parking spaces, so 48 spaces are required on the site. Minimum parking requirements will be met. Solid waste material is required to be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. The site plan illustrates an enclosure off the east side of the building which is intended to serve both Subway and The Gardens Restaurant. This enclosure has not yet been constructed, so the Planning and Zoning Commission recommended as a condition of approval that an enclosure be provided. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on February 1, 2000. They voted to recommend City Council approval of the Conditional Use Permit, subject to the conditions listed in the recommended motion. Recommended Motion: Move to approve the Conditional Use Pennit 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. Attachments: Staff Report; Completed application.form.' Code Analysis,' Floor Plans; Site Plan,' and Public Notice COUNCIL ACTION: Case: 2000-0203 Page: I Case #: Owner: Address: Phone: STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE FEBRUARY 1, 2000 PUBLIC HEARING 2000-0203 Larry MacDonald 2503 Central Avenue NE Minneapolis, MN 55318 (612) 789-4989 GENERAL INFORMATION Applicant: Parcel Address: 4757 Central Avenue NE Zoning: RB, Retail Business Comprehensive Plan: C - Commercial Khalil Ismail 4730 Central Avenue NE Columbia Heights, MN (612) 571-3190 Surrounding Zoning and Land Uses: Zoning North: RB South: RB East: RB West: City of Hilltop Land Use North: Commercial South: Commercial East: Commercial West: Commercial BACKGROUND Explanation of Request: This is a request for a Conditional Use Permit to open The Gardens Restaurant in a portion of the building at 4757 Central Avenue NE. The proposed restaurant will contain approximately 70 seats. Case History: Case 9806-26 was a request for site plan approval and a Conditional Use Permit to open a combination Subway Restaurant and TCBY in a portion of the former Peaking Palace Restaurant at 4757 Central Avenue NE. Case 9807-35 was a request for a variance to allow parking in the front yard in the RB, Retail Business District at 4757 Central Avenue NE which was approved by the City Council. Most recently, Case 9912-40 was a request to operate a day care center in this space which was approved by the City Council. However, the applicants were not able to finalize a lease agreement ~vith the building owner. Case: 2000-0203 Page: 2 ANALYSIS Surrounding Property: The surrounding property on the north, south and east is zoned RB, Retail Business and is used commercially. The property to the west is in the City of Hilltop and is used commercially. Technical Review: The subject property is zoned RB, Retail Business District, and Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for restaurants in the RB District. Minimum Yard and Density Requirements are as follows: Lot Width shall be at least 50 feet - subject parcel is approximately 163 feet wide; Lot Area shall be at Ieast 6,000 square feet - subject parcel is 47,713 square feet; Front Yard Setback shall be 15 feet - existing structure exceeds this requirement; There shall be at least one 10 foot side yard, the other side yard can be zero feet - property has one side yard of about 4.4 feet and the other exceeds the 10 foot requirement; Rear Yard Setback shall be 10 feet - existing building exceeds this requirement; The floor area ratio shall not exceed 1.0 - the property has a floor area ratio of approximately. 1, which meets this requirement; Need minimum frontage of 40 feet - subject parcel has roughly 163 feet of frontage along Central Avenue. The applicant is not proposing any significant physical changes to the site, or exterior structural changes to the building. However, please note that two public exits from the space will be provided, and a new 4 foot wide concrete walk is being proposed from the exit along the south wall of the building to the parking lot on the east side of the building. Parking requirements for a restaurant are at least one space for each three seats based on capacity design. According to the floor plan, there will be 70 seats in the restaurant which requires 23 parking spaces. There are 59 total parking spaces on the site including three handicap accessible parking spaces along the west side of the building. The Subway/TCBY requires 25 total parking spaces, so 48 spaces are required on the site. Minimum parking requirements will be met. Loading requirements are as follows: A loading berth shall be not less than 12 feet in width, 25 feet in length and i4 feet in height and, for retail sales and service stores at least one berth for each building having 2,500 - 6,000 square feet. There is a loading berth provided on the east end of the building by the service entrance. Solid waste material is required to be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. The site plan illustrates an enclosure off the east side of the building which is intended to serve both Subway and The Gardens Restaurant. This enclosure has not yet been constructed, so staff will recommend as a condition of approval that an enclosure be provided. Case: 2000-0203 Page: 3 Staff has not seen any information pertaining to signage. Two square feet of singage is allowed for each from foot of building, so a total 92 square feet of singage is allowed. Staff will recommend as a condition of approval that all proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. The plans do not indicate that there will be any new lighting on the property, but if lighting is added, a lighting plan will need to be reviewed and approved by staff. Light can not exceed 3 foot candles at the property line. Compliance with Citv Comprehensive Plait.' The City Comprehensive Plan designates this area for future Commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the rehabilitation of existing development land in the City. The proposal will not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing building, so the proposal is consistent with the City Comprehensive Plan. Summary: The positive aspects of this proposal are as follows: 1. The proposal is consistent with the City Comprehensive Plan and minimum requirements of the Zoning Ordinance are being met. 2. The proposed restaurant will provide an appropriate reuse of the vacant tenant space. The negative aspects of this proposal are as follows: 1. There does not appear to be any negative aspects. CONCLUSION Staff Recommendation: Staff recommends approval of the Conditional Use Permit to allow The Gardens Restaurant in the Retail Business District, subject to the conditions listed in the recommended motion. Recommended Motion: Move to recommend City Council approval of the Conditional Use Pennit 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. Attachments: Completed application form; Code Analysis; Floor Plans; Site Plan; and Public Notice 11-1S-1995 ~ 1:3.SAM FP~CM OC. MM,~NZT'f' DEv.- CH 6127a22~57 p. :3 Application Fur: ~ezcning Variance Privacy Fence Condi=ional Use Fermi= ~ Subdivision &pproval Site Plan Approval .. O=her Application De=e: /'/~/- Case No: ~o,j ~ 9_ ~ Fee: ~Lj Da~a Paid Receipu No: ~aL ~ I 2, ~eEal Deanrip=ion of Subjec= Proper~:y: O~ner: Address: Phone: martinS: Applicable ~i:y 0rd~-~ce Number P=esen~ Zof~nR' Presen~ Use Reason for Requesu: B. x~hibi=a Subsi=ted (ups, diastase, e=c.) Acknovledgmen~ and Signature: The underearned hereby represen=s upon all of ~he penalties of lay. for the purpose ~f in~uc~----g t.h~e Ci:y of Columbia =eigh:s =o ~ake the ac=~on herein re~ua~:ad. that a!! s=a=emen=s harsh are ~_.'ue and ~_ha= all work herein men=ioned will he done in accordance viuh =he OrdinanCes of ~he City of Columbia Heirbus and the laws of the Sta=e ~f w4--eso~a. Signature of Appianart=: ~ ' Da~e:/'/V'dr~ Taken By: .__ RECF_!VF--L" Schematic Design Code Analysis & Drawings The GARDENS Restaurant 4757 Central Avenue NE Submitted To: City of Columbia Heights Planning and Zoning Building Inspection Issue Date: 01-14-00 James A. Strapko, Architect 4157 Minnehaha Avenue South Minneapolis, MN 55406 (612) 729-4112 BUILDING CODE ANALYSIS - 01-14-00 The GARDENS Restaurant, Columbia Heights, OCCUPANCY CLASS UBC Sect 303.i._ Group A, Division 3 Occupancy. Dining, food or drink consumptiDn. 50 or more persons. Occupant load < 300. No legitimate stage. LOCATION ON PROPERTY UBC Sect 303.3 Discharge on public street (through existing parking area). Exit diacharUe min. 20' wid= ~o puddle street (existing drive aisle). Main entrance located on exit discharge. Proposed tenant improvements do not change total area of building. Allowable area increases: not required, Table 5B. Group A, Div 3, Type V-N: max. ht. 1 story, max. area 6000 gsf. Existing ht. 1 story/ Existing area, building 4800 + sheds 792 = 5592 gsf. South wall is approximately 4'-6" from property line, Table 5A. No additional openings are proposed in south wall (not perrmitted). Existing opening for 2nd exit is to be reused for exit. TYPE OF CONSTRUCTION Type V-N, Existing Building - footing & foundation: concrete & concrete masonry. - exterior bearing walls: concrete masonry. - roof structure: wood joists. EXTERIOR WALL AND OPENING PROTECTION, Table 5-A wall opening rating protection - North, 77+ ft none none - South, 4.5+ ft 2 hr* no openings permitted Rouse existing 2nd exit - East, 70+ ft none none - West, 67+ ft none none * Existng 12 inch thick standard weight concrete block wall = 2 hour fire resistire period. FIRE-RESISTANT MATERIALS AND CONSTRUCTION Table 6-A, Building elements, V-N - bearing walls, exter, inter: - non-bearing walls, exter: - structural frame: - partitions: - shafts (none proposed): - floors, floor/ceilings: - exterior doors, windows: - stairway construction (none proposed): no requirement no requirement no requirement no requirement 1 hour no requirement no protection any materials BUILDING CODE AIqALYSIS - Ol-14-Ci The GA/~DENS Restaurant, Colu=nbia Heights, ~hh PROTECTION SYSTEMS, Ch 9 Automatic sprinkler system not provided in existing builcLng. Fire extinguishing systems, UBC Sect. 904. Assemb=y area & unseparated kitchen. Consumption of alcoholic beverages (verify). Total area < 5000 sf, no sprinkler required. Portable fire extinguishers at: Front entrance vestibule. Kitchen. FIRE ALARM SYSTEMS, 305.9. - None proposed. EGRESS, Ch 10, See diagrams 201A, 201B, 201C. - Accessory areas, 1002.1.1 exception: Utility Room. - Occupant load factor: I5 Dining, Table 10-A: use seat count. - Occupant load > 50:2 exits required. - Occupant load calculation: 201A. - Exit distances: 201B. - Exit Separation: 201C. - Exit Discharge: 20 ft wide, see 201D. ACCESSIBILITY, Ch 11 - HC Parking, see 201D 3 HC spaces (incl. 1 Van space) existing. 1 curb cut at tenant. Max. 5 percent slope to tenant entrance. - HC Restrooms: See 201E 1 Multi occupant men. 1 Multi occupant women. See 201A, plumbing occupant load calculation. - Accessible Path. - Single Story, no ramps or stairs. - Doors 36" wide with required clearances. TOILET ROOM FINISHES - Floor: ceramic floor tile. - Base: ceramic coved base tile. - Walls: ceramic wall tile wainscot to 54 inches. paint, eggshell finish above. GLAZING - Safety glass at: - sidelights within 24 inch radius of door. - windows and borrowed lights within 18 inches of floor. BUILDING CODE A/qALYSIS - 01-14-00 The GARDENS Restaurant, Columbia Heights, MECHANICAL, Design/Build Mechanical Plumbing documents by design/build plumbing subcontractor. Subfair to C1 ~y Ior permit. Submit as required zc State Health Departme.. Subr~it as required to Metre Waste. H~ZAC docuraents by design/build H~;AC subcontractor. Submit to City for permit. Fireplace: verify requirements with City. Provide gas insert in existing wood burning fireplace. Provide flue insert as required by code. Observe requirement for no new openings in south wall. Wood burning oven: verify requirements with City. Smoke detection required; link to hood fan. Provide makeup air to complement hood. Note: City recommends gas in lieu of wood burners. ELECTRICAL, Design/Build Electrical - Electrical documents by design/build electrical subcontractor. Submit to City for permit. Provide lighting design and calculations as required. Total useable area 2674 nsf Accessory areas (utility room) 33 nsf Net occupied area 2641 nsf Kitchen area 628 nsf D~nlng area 2013 nsf Dining area occupant load based on seats 70 seats = 70 occupants Occupant Load > 50, 2 8xits Required Kitchen occupant Load based on area 628 nsf / 200 occ ld factor ~ 3 occupants Occupant load < 30, 1 Exit Required 70 dining + 3 kitchen - 73 occupants Plu~bing occupan; load < 75 Plu~ing occu ant load 26 - 75 fixture male female df not provided water served at t~Ies 4157 }~innehaha Avenue South Minneapolis, MN 55408 JAMES A, STRAPKO, ARCHITECT, LTD, The GARDENS ARCHITECTURE INTERIOR DESIGN 4757 Cen(ra} Avenue NE (612) 729-4112 Columbia He,~hts Restaurant 01-14-00 REVISIONS: DWG SHT 201 A 08-98 Exit Grade ,~ 4t57 ~unehaha Avenue South 4757 Central Avenue NE , Minneapolis. ~424 55406 (612) 729-4112 Celumbia Heights. ~N ZA~S A. STRAPK0, ARCHITECT, LTD. The GARDENS Restaurant ARCHITECTo'RE INTERIOR DESfGN REVISIONS: DWG SPAT 201 B JA~iES A. STRAPKO, ARCHITECT, LTD. The GARDENS ARCHITECTURE INTERIOR DESIGN 4157 Minnehaha Avenue South 4757 Cenlral Avenue NE , , Minneapolis, MN 56406 (612) 729-4112 Columbia Heirhis, MN Restaurant REVISIONS: DWG SHT 201 C J CITY OF COLUMBIA HEIGHTS PLANNING AtYD ZOIVlllfG COMMISSIOA/ RIOTICE OF PUBLIC HEARING No[ice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 I',I.E. 40th Avenue, at 7:00 p.m. on Tuesday, February 1, 2000. The order of business is as follows: A request for a Conditional Use Permit to allow the operation of The Gardens Restaurant in the Retail Business Zoning District in a pardon of the building at 4757 Central Avenue N.E. The proposed restaurant will contain approximately 70 seats. Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for restaurants, tea room, bar, prepared food outlets subject to Section 9.116(15), and prepared food delivery establishments. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Joe Hollman, City Planner, at 612-782-2856. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, extension 209, to make arrangements. (T00/782- 2806 for deaf or hearing impaired only.) CITY COUNCIL LETTER AGENDA SECTION: Other Ordinances and Resolutions ITEM: Resolution 99-97, Conditional Use Permit and Special Permit NO: Case # 9912-37, 4849 University Avenue NE Meeting of: February I4, 2000 ORIGINATING DEPT.: (~k' CITY MANAGER Community Development APPROVAL Issue Statement: U.S. West Wireless has requested a Conditional Use Permit and Special Permit to construct an approximately 90 foot tall monopole tower on the property at 4849 University Avenue NE. Background: At their meeting of December 13, 1999. the City Council tabled the request and discussed the possibility of a moratorium as well as an amendment to the Zoning Ordinance designating certain areas in the City where telecommunication towers would be allowed. This issue was discussed further at the Council work session on January 3, 2000. At that time, Council requested additional information from U.S. West. Community Development Department staff received some additional information on January 19, 2000 (attached). Also, the City Council imposed a six-month moratorium on the placement, construction, and modification of towers and wireless telecommunications facilities within the City of Columbia Heights during the January 10, 2000, meeting. Because this particular request was submitted to the City prior to the adoption of the moratorium, action will need to be taken on the case. Analysis: According to the information provided by a Design Engineer for U.S. West Wireless, the coverage area for the site will be approximately 1.5 square miles of dense suburban residential area. When evaluating potential locations for cell sites, they try to meet both coverage and capacity objectives of the service area. This site is needed to meet continuous coverage requirements. Please note that when staff was originally contacted by U.S. West, they were considering McKenna Park as a possible location for the tower. However, staff suggested that they look for a site in a commercial area as opposed to McKenna park which is completely surrounded by residential property. U.S. West currently has one site in Columbia Heights on the Northeast State Bank building at 3989 CentraI Avenue NE. They also have a site in Fridley near the intersection of Main Street and 60~h Avenue NE. Another site is proposed in Fridley near the Central Avenue and 1-694 interchange. The circle on the attached map illustrates the area that they want to be covered by a new tower, and the rectangle inside the circle indicates the search area in which to find a location for the tower. As stated in the letter, U.S. West's long range plan currently does not include any additional sites for the City of Columbia Heights. However, additional locations may be needed if the service demand increases to an extent where more antennas are needed, but this demand is not currently projected by U.S. West. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on December 7, 1999. They voted to recommend City Council approval of Resohtion 99-97, which is a resolution approving a Conditional Use Permit and Special Permit to allow the construction of an approximately 90 foot tall U.S. West monopole tower at 4849 University Avenue NE, subject to the following conditions listed: (1) All required state and local codes, permits, licenses and inspections will be met and in full compliance; (2) Any addition of future antennas on the monopole will require a separate Special Permit and Conditional Use Permit; (3) U.S. West shall remove the tower within one year after it is no longer used or is deemed unusable. Note that these conditions are listed in the resolution. Recommended Motions: Move to waive the reading of Resolution 99-97, there being ample copies available to the public. Move to adopt Resolution 99-97, a resolution approving a Conditional Use Permit and Special Permit to allow the construction of an approximately 90 foot tall U.S. West Personal Communication Services Monopole tower at 4849 University Avenue NE. Attachments: COUNCIL ACTION: 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 detenmning 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 DAY OF ,2000. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Council Secretary Wireless L.L.C. 426 North Fairview Avenue St. Paul, MN 55104 Phone: 651-642-6247 FAX: 651-642-6942 N<lvember 4, 1999 Zoning Board City of Columbia Heights. Mitn~csota RECEIVED 20Mivit;~ll i'( DEVELOPMEN': Re: Coverage study for US West Wireless site MIN336A located at 4849 University Ave. Columbia Heights, MN. Dear Members: US WEST Wireless operates a wireless Personal Communications System (PCS) in the Minneapolis - St. Paul greater metropolitan area. While choosing an appropriate location for a cell site, we try to meet both the coverage and capacity objectives of the particular service area. During this process the RF design engineer must balance signal level requirements of the area with capacity limitations of the system while incorporating his knowledge of the terrain and the density of the surrounding buildings and trees. In order to meet the requirements of continuous coverage we are planning to build a cell site at 4849 University Ave. The coverage area for this site will be approximately three quarters of a mile radius or 1.5 square miles of dense suburban residential area in Columbia Heights fi'om Hwy 65 to Cr. 1 and t'rom 53rd Ave..N.E. to 42''a Ave. N.E. This area contains mature dense foliage and cannot be covered by any of our adjacent sites. To meet this coverage objective, the site has been designed with an antenna height of 84 l~et. US West has currently ltas one sire located in Columbia tleights located on the roof of the bank building at 3989 Central Ave. This proposed site wnuld be the first site using a monopole design to accomplish our objectives in Columbia tteights. US West's long range phm currently does not include any additional sites lbr the city {if'Columbia Heights. Please contact me directly at (651) 642-6283 if you have any questions regarding the proposed cell site. Sincerely, David L. Mitchell RF Design Engineer RESOLUTION 2000-04 BEING A RESOLUTION OF TIlE COLUMBIA IIEIGItTS CII'Y COUNCIL IMPOSING A SIX MONTIt MORATORIUM ON ~ PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TOWERS AND WIRELESS TELECOlVlMUNICATIONS FACILrrIES WITttlN TIlE CITY OF COLUMBIA I:II~.IGItTS WItEREAS, on February 8, 1996, Congress enacted the Federal Telecommunications Act of 1996, P.L. No. 104-104, to aleregulate the telecommunications industry, providing a more competitive environment for wired and wireless telecommunication services in the United States; and, WItEREAS, increased competition in the market for wireless telecommunications services may create an increased demand for antenna sites on towers and other antenna support sU-uctures necessary for providing wireless service via existing and new technologies; and, W[IEREAS, the Telecommnnications Act of 1996 preserves the authority of the City to regulate the placement, construction, and modification of towers, antenna support structures, and wireless telecommunications facilities, in order to protect the health, safety, and welfare of the public; and, V~ItEREAS, the Columbia Heights Zoning Ordinance currently allows public utility structures as a Conditional Use Permit in every zoning district within the City except for the I-2, Industrial District which does not allow public utility structures; and, WIIEREAS, the City Council determines it is necessary to complete the Comprehensive Plan update and the rewrite of the Columbia Heights Zoning Ordinance and conduct further research and analysis as to appropriate zoning and performance standards for towers and wireless telecommnnications facilities within the City. NOW, TItEREFORE BE IT RESOLVED TItAT in an effort to protect the health, safety, and welfare of the public the Columbia Heights City Council hereby imposes a six month moratorium on the placement, construction, and modification of towers and wireless telecommnnications facilities within the City of Columbia Heights, with said moratorium commencing and effective the date of adoption of this resolution, and recognizing said moratorium will effect only those applications for the placement, construction, and modification of towers and wireless telecommunications facilities submitted to the City after the date of adoption of this resolution. Passed this I0~ day of January, 2000 Offered by: Szurek Seconded by: Jolly Roll Call: All ayes /latricia Muscovitz, Deputy~ity Clerk ""Mayor Gary ~etdson AGENDA SECTION: vmer Ordinances anti Resolutions ITEM: Resolution 2000-04 NO: CITY COUNCIL LETTER Meeting of: Januarv 10. 2000 ORIGINATING DEPT.' CITY MANAGER Community Developme APPROVAL Issue Statement: U.S. West Wireless has requested a Conditional Use Permit and Special Permit to construct an approximately 90 foot tall monopole tower on the property at 4849 University Avenue NE. Background: At their meeting of December 13, 1999, the City Council tabled the request and discussed the possibility of a moratorium as well as an amendment to the Zoning Ordinance designating certain areas in the City where telecommunication towers would be allowed. This issue was discussed further at the Council work session on January 3, 2000. At that time, Council requested additional information from U.S. West (see attached letter dated January 4, 2000). Analysis: Staff contacted the City of Fridley to research their ordinances regulating towers and wireless telecommdmcations facilities. During the fall of 1997, the City of Fridley amended their ordinance to create an overlay zone to regulate the placement, construction, and modification of towers and wireless telecommunications facilities in order to protect the health, safety, and welfare of the public. Prior to the adoption of this ordinance, the City of Fridley hired an engineering consultant (at a cost of roughly $90,000) to determine locations throughout the City where towers or wireless telecomrnunication facilities could be installed. Eight separate locations were identified which would provide adequate coverage over the City. If an applicant wants to place a tower in a location other than one of the eight approved locations, they would need to apply for and receive a Special Use Permit from the City, and they would need to prove why one of the eight approved sites does not meet their locational needs. Recommendation: Because the City Council has requested additional information from U.S. West Wireless, staff recommends that this item remain tabled until the requested information is submitted for Council review. Should the CounciI determine that a moratorium is necessary, staff recommends adoption of Resolution 2000-04 which is a resolution imposing a six month moratorium on the placement, construction, and modification of towers and wireless telecommunications facilities. This moratorium would allow time to complete the Comprehensive Plan update and Zoning Ordinance rewrite. Also, if the City Council decides that the adoption of an ordinance similar to the ordinance Ffidley adopted is necessary to determine where a tower could be constructed in the City, staff recommends that a consultant be hired to perform the necessary evaluation to determine where towers could be located while maintaining adequate coverage. Recommended Motions: Move to waive the reading of Resolution 2000-04, there being ample copies available to the public. Move to adopt Resolution 2000-04, a resolution imposing a six month moratorium on the placement, construction, and modification of towers and wireless telecommunications facilities within the City of Columbia Heights. Attachments: COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS 590 4Oth AVENUE N.E., COLUMBIA HEIGHTS, MN ~5421-3878 (612) 782-2800 TDD 782-2806 January4,2000 COM~IUNITY DEVELOPMENT DEPARTMENT -Via FAXand Mail- Councilmembers City Manal~er Rob Viera U.S. West Wireless 426 North Fairview, Rm. 10I St. Paul, MN 55104 Re: Case # 9912-37, 4849 University Avenue NE Dear Rob: As you know, the Columbia Heights City Council tabled U.S. West's request to instalI an approximately 90 foot tall monopole tower on the property at 4849 University Avenue NE during their meeting on December 13, 1999. At their work session on January 3, 2000, the City Council discussed this issue and requested that the information listed below be provided. I do not anticipate that Council will take action on this request at their next City Council meeting (January 10, 2000), but if the requested information is provided by January 18, they may take action at their meeting on January 24, 2000. 1. Please provide engineenng information describing why the tower is needed at this location (4849 University Avenue NE) and a map illustrating the area that a tower could potentially be located. 2. Please submit any future plans for additional U.S. West towers/antennas in Columbia Heights, as well as information describing circumstances that trigger the need for additional towers. The City Council will be considenng a six month moratorium on the placement, construction, and modification of towers and wireless telecommunications facilities within the City at their January I0 meeting. This moratorium will effect only those applications that are submitted to the City after the date of adoption of the moratorium resolution, if adopted, so this request by U.S. West will not be impacted. Also, pursuant to Minnesota Statute 15.99, this letter is intended to serve as a written notice to extend the 60-day time limit for the City to make a decision on the request. The application was submitted to the City on November I2, 1999, so the initial 60-day time period expires on January 12, 2000. This extension will be tbr an additional 60 days xvhich will be valid through March l 1, 2000. This will allow time fbr City Council to review the requested information and take formal action. Do not hesitate to contact me at (612) 782-2856 if you have any questions or need additional information. Sincerely. Joe Hollman City Planner CC: City. Manager Community. Development Director CITY COUNCIL LETTER AGENDA SECTION: Consera FFEM: Resolution 99-97, Conditional Use Permit and Special Permit NO: Case g 9912-37, <-t849 University Avenue NE ORiG~ATING DEFi.; Community Development BY: j'oe FEollmag~//~ DATE: December 8, 1999 Meetin~ of December I 2. ! c CITY M~e~NACSP APPROV. ~ Issue Statement: U.S. West Wireless is requesting a Conditional Use Permit and Special Permit to construct an approximately 90 foot tall monopole tower on the property at a,849 University Avenue NE. BackFound: U.S. West Wireless has entered into an option and lease with the propercy's landowner for ?~ '/ears As stated on the application, this site is needed to expand their coverage area and to aid in capacity relief. Analysis: Thesubjectpr~per~yisz~nedRB~Retai~Business~andpub[icuti~itystrucmresarea~~~wedasaC~nditi~na~ Use Permit in the RB Dislrict. The proposed location of the tower will meet all required yard and density requirements, and park/rig minimum parking requirements for the site will be met. The Zoning Ordinance also states "heights in excess of those allowed under this section shall be pergutted only by a special permit granted by resolution of the Council determining that such structure would not be dangerous and would not adversely affect the adjoining or adjacent property". The maximum height for an antenna in the RB District is 52.5 feet, so a special permit is required. The tower, will be designed so that if it were to fail over it will break apart and col/apse on top of itself rather than ripping over. No te that guide-wires will not be used. It will also be eng'ineered to withstand wind and ice loads as required by the Building Code..A/so, the monopole and equipment will be protected by eight bollards spaced at roughly ~-6 foot intervals, so vehicles will not be able to run into the equipment or tower. The appearance of the tower will not be consistent with the surrounding area, but it will be located in an area that is zoned commercially, and by enhancing PCS service it w~i1 provide a valuable service to area residents. For these reasons, it is staffs opinion that the proposed monopole tower will not be dangerous and will not adversely affect the adjoining or adjacent property. Recommendation: Tne pIamung and Zoning Commission held aPublic Hearing for the requeston DecemberT, I999. They voted to recommend Ci~ Council approval of Resolution 99-97, wkich is a resolution approving a Conditional Use Permit and Special Pe.r:nit to allow the construction of an approximately 90 foot tall U.S. West monopole tower at Univenity Avenue NE, subject to the followmg conditions Iisted: (t) All required state and local codes, permits, licenses and respections will be met and in full compliance; (2) Any addition of future antegas on the monopole w~II require a s~arate Special Pertrot and Conditional Use Pen'nit; (3) U.S. West shall remove the tower within one year afer it is longer used or is deemed tanusable. Note that these conditions are Iisted fn the resolution. Recommended ,~[otions: Move to waive the reading of Resolution 99-97, chere being ample copies available to the public. .~[ove to adoot ResoluUon 99-97, a resolution approving a Conditional Use Permit and Special Permit to allow '.he construction ~fan approximate[y 90 tbot tail U.S. West Pesohal Commtmxcation Services Monopole tower at ;8-t9 University Avenue NE. ttachments.' COUNCIL ACTION: Case: 9912-3' Page: l STAFF REPORT TO ~ PLAtNT'/~NG .~ND ZONDqG COt~EWrSSION FOR Tvnv DECE~mER 7, 1999 PUBLIC I:IEARLNG Case ~: 9912-37 GENERAL [NFOR,~IATION Owner: Doug Proctor Applicant: Address: 4839 L'n~versity Ave. Colua~bia Heighm, ~L"/55~21 (61.2) 572-91.75 Phone: US Wesx: Wireless 429 N. Fai.-"~ew Ave. St. Pa,.~, :'veq 55IIa- (65i) 387-0059 Parcel Address: 48~-9 University .Avenue Zoning: RB, Retail Business Comprehensive Plan: C - Commercial, Potential LiSt Rail Transit Station Surrounding Zoning and Land Uses: Zoning North: RB South: RB East.' West: City. of Fndley Land Use North: Residential South: Cormmercial Egs:: Residential gzest: Residential BACKGROUND Erolanation of Reauesr: This is a request for ~ Conditional Use Pertrot :o construct an approximately 90 foot rail monopole tower on :he .~rope:'ry 2t ~8;9 Umve~i~ Avenue N~. U.S. West W~e[ess h~ entered into ~ option ~d le~e ~vi~ ~e prope~'s [~do~vner for 25 ye~s. As stated on ~e appIicanon, ~s site is needed to expmd ~eir coverage =ca ~d ~o ad m capaci~ relie~ Ple~e note ~at ~e ad&ess of ~e subject prope~ listed on ~e application is ~839 U~versi~ Avenue N~. L'mvemal Auto Body ~s Ioca~ed at ~839 Unive~iW Avenue N~. but the proposed beadon of ~e monopole {s at ~8~9 Umveni~ Avenue which is c~ently ,~ed ~ a p~g lot for Umve=~ Auto Body. Both p~cels ~e ~der :he s~e o~ers~p. (',:se Histot%" There axe no pertinent Planning and Zoning Commission cases on the property,. t_ase: 99~2-Z Pa~e: 2 ANALYSIS Sur~oundin~ Pr~oer~v : The surrounding property to the north and sou~h is zoned R.B, Retail Business, and the property to the e~t [s zoned R-2, Single and Two Family Residential. The property to the west is in the Civ/ofFridley and is used residentially. Residential is also the land use to the east and north, while the adjacent property to the south is used cornnlercially. Technical Review: Section 9. i L3(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use P~z-d~it for public utilky structures/n the RB Zoning dist~ct. ALso, Section 9.116(I6)(a) of the Zoning Ordinance states "kei~ts 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 structiire would not be dangerous and would not adversely affect the adjoining or adjacent property". Minimum Yard and DensiV Requirements am as follows: Lot W[dth shall be at least 50 feet - subject parcel is 60 feet wide; Lot Azea shall be at least 6,000 squar~ feet - subject parcel is 7,824 square feet; Front Yard Setback shall be 15 feet - the proposed monopoIe will be rouZ-2L[y 100 feet back from the front lot line which m~ts rids requirement; There shall be at least one l0 foot side yard, the other side yard can be zero feet - the equipment ~br the monopole will be approximately one foot off the southerly side tot Line and the monopole will be rou~daly 46 feet from the northerly side lot Line; Rear Yard Setback shall be 30 feet - the proposed location of the monopo[e and equipment will be 30 feet from the rear !or line; Need minimum frontage of~t0 feet - subject parcel has 70 feet of frontage aiong the University Avenue service road. The Zoning Ordinance requires a minimum of four par,king .-'paces plus one for each 800 square feet of floor area over the first t ,000 square feet. The existing building for Unive:~al Auto Body is 5,838 square feet, so a total of ten par. ;tcing gates are required. There is room for ten par.~aig spaces in front of the existing building and fence without bloc!ring access to the concrete drive along the south side of the propen'y and the gate to the fenced par!ring area (see attached ske.~ch prepared by staiD. There is also room inside :,he fenced area for additional parking. The monopole tower will not generate additional parking demand or czartic. so minimum ,~arking requirements will be met. The Federal Aviation Administration and the .x,[iunesota Department of Transportation are required to be noticed of any structure 200 fee: above g-formal or more that could :u~kt navigable mrspace. The proposed tower will be 8-t' 7" tail with a t~vo tbot [ightrdng rod on top for a total of 86' 7", so this will not be necessary.. As mentioned above. Section 9. L tdt 16)(a] of:he Zoning Ordinance states "heights in excess of those allowed under :his section shall be pe,,"m, itted only by a special permit ~q'a.nted by resolution Case: 9912-5 Page: 3 of the Council determining that such structure would not be dangerous and would not adversely affect the adjoining or adjacent property". The maximusa b. eig~t for an antenna Ln ~e RIB Dismet is 52.5 feet, so a special permit is required (see attached resolution). The tower will be designed so that if it were to fall over it will break apart and collapse on top of itself rather than tipping over. Note tbat guide-wires will not be used. Zt wig also be engine=d to withstand wind and ice loads as required by tbe Building Code. Also, tbe monopole and equipment will be protected by ei~tt bolIards spaced at rou~nly ,I-6 foot intervals, so vekicles will not be able to run into the equipment or tower. T'ae appearance oftbe tower will not be consistent witb the sufrotmding area, but it will be located in an area that is zoned coma=ercially, and by entrancing PCS service it will provide a valuable service to area residents. For these reasons, it is slaws opinion ~at the proposed monopole tower will not be dangerous and wig not adversely affect the adjoining or adjac~mt property. Compliance with Cft~ Comprehensive Plan: ?ae Columbia Hei~b.m Comprehensive Plan designates tkis are:t for f'amre commemziai development as well as a possible location for a future light rail ~'-ansit station. As part of tbe neighborhood protection policy, tbe Plan states ~at the City will work to protect tbe integrky and long-term viability of its low-density residential neighborhoods and s~ve to reduce the potential negative effe~m of nearby commercial development througja zoning, site plan r~views, and Code enforcement. The proposed use is a public utility use that will be consn'ucted in a ~nner that meets the minimum reqttirements of the Zoning Ordinance and Building Code. The appearance of tbe proposed tower will not be consistent wi~ kb.e surrounding property, but Z: is staffs opinion tbat it will not negatively impact tbe integrit'/and tong-ten-n viabiiity. of he=by residential nei~borhoods. Because minimum Zoning Orefinance and Building Code requirements will be met, and b~cause tbe tower will provide a. valuable service to area residents. tbe proposal complies with the fntent of~e C[ .ty Comprehensive Plan. Summary.: ~he positive aspects of this proposal are as follows: t. The proposal meets the ,minimum requirements of the Zoning Ordinance, 2. T~e moncpoie tower ~viII enhance PCS service so it will provide a valuable service to azea residents. The negative a~pects of tbjs proposal are as follows: I. The appearance of the tower ~vill not be consistent ~vith surrounding land u~e. CO~CLUSIO~ StcztT R ecomm endat,l o n : Staff recommends approval of the Conditional Use Permit to allow the construction of ~ approximately 90 foot tail U.S. West monopole ~ower a~ ~8~9 UniversiW Avenue N~, subject :o Case: 9912-;:' Page: 4 the conditions listed in the recommended roetier.. Recommended M'otion: Move to recommend City Council approval of R~solL~:ion 99-97, which fs a resolution approving a Conditional Use Permit and Special Permit to allow the construction of an approximately 90 foot tail U.S. West monopole tower at ~.849 University Avenue ~x~E, subject to tile foMowing conditions: l. All required slam and Iocal codes, permits, licenses and inspections will be met and in full compliance. 2. Any addition of future anmrmas on the monopole ',vili require a separate Conditional Use Pemt. Attachments: Completed applicatioa form; ,~ea Map; Site Man; Effiazgect Site Plan; Elevaxioa View; Parking layout pr~ared by staff; Draft Resoiuriea 99-97; and, Public Notice. Variance Prlvac7 [ence Su~aivis~un &pprQval S~e ~s,.u Approval ... ce s4,;uc-r- c4 q Zoninl: Applicable Ci:70r~i=ance Number Present. Use [';~.~,~--~t,~ ( ~rc~osed Zcu~_u~ 8. -t?h~hius Submi='-ed C~aps. &tagrams. etc.} Ac.knovled~menc and Signature: The 'cdersi~ed hereby rmpresenu2 upon all a~ ~e cenalz!ss of law. for :he ~u~cse c~ ~duc~ ~e CI:7 o~ Col~bia ~ei~hus := :~e ~e menuioned '~ill be ~one ~ actordazes vi:h ~e Ordh~css af t~e Ci=/af Cal~bi~ ~eigh:s / November t2. [999 Mr. Joe Hollman Columbia Heights City PIanner 590 40m Ave. NE Columbia Heights, YiN' 55421-3878 Deaf M.r. Hoilman: This letter serves to accompany our conditional use pertrot application to construct a monopole at -I.839 University Ave NE in Columbia Heights. We have entered into an option and Iease with the property's landowner for twenty-five yearn. We selected this property ba~ed on ira ability to fulfill our coverage objectives, its favorable commercial zoning and its willing landlord. A~tached you will find drawings performed by our C,~D operators that show the pro.me~/ lines, e:dstiag structures and the properry's parking lot. We have abided by zdl seebreak requiremotto as set forth by the city. Also, as denoted on our drawins, eight bollards and am designed :o protect the monopole and equipment from inadvertent damage will encompass the monopoles. I would be happy to discuss this matter with you f'ur~er or provide additional information if it is deemed necessary,. We are commkted to providing wireless, di,~ital se~ice ~o the commurdty of Colt.Lmbia Heights. but also war~ng with the city to ensure :hat all involved parties are satisfied with the results. Thank you for your time and [ !ook forward m hcanng from you in the future. Sincerely, Robert I. Viera Real Estate Consultant U S West Wireless 65 1.387,0059 USA t ,.~ -~- d UNIV~tSlTY AV NE ~ I'1'I NE CEN"R'~L AV t , ! Iq C~ Z c- "0 !1 CITY OF COLUMBIA HEIGHTS PI. AAMIIAIG ANZ7 ZONIAIG COAIIMI$SIOAt NOTICE OF PUBLIC HEARIng Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hail 590 N.E. 40th Avenue, at 7:90 p.m. on Tuesday, t'lecember 7, 1999. The order of business is as follows: A request for a Condidanai Use Permit for U.S. West Wireless to construct an approximately gO foot tall monopole tower on the property at 4839 University Avenue. The subject property is currently zoned R8, Retail E]usiness. Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Pan'nit for public ',tdit7 structures in the RB Zoning Oistrict Also, Section 9J 16(16}(a) of the Zoning Ordinance states "heights in excess of those allowed under this section shall be permitted only by a special ;ermit granted by ressludan of ;he Council determining that such structure would not be clanporous and would not adversely affect :he adioinin~] or adiacent property". Notice is hereby given ~hat all persons having an interest will be given an c~Opartunity :a be heard. Far questions, you may contact Jan Hoilman, City Planner, at 81 2-782-235& Planning and 7Jning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager The City of Columbia Heights does not discriminate :n ~e basis of disability in the admissmn or access to, 3r treatmen~ or employment in, its services, ;rollrams ar activities. Upon request, accommodation will be provided allow individuals with disabilities co .oartic:Gate in oil C;ty af CatutoPia Heiribis' services, ;ragrams and activities. ~,uxiliary aids far handicapBed persons are available uaon request when ~he request is made at !east g6 hours in advance. ~!ease call ae C;[v Caunc=i Sec,'e,rarv a~ T3:-2800, extension 209, :o make arrangements. {TOG/782. 2806 ior dent ar hearing ;repaired ~niVj CITY OF FRIDLE'; ~a~ OPaDINA/~CE RECODIFYING %-~w. FRIDLEY CI~'f CODE, C~R 205, ~TI~ ~ZON~G", BY ~D~G SECTION 205.29, ~0-5 ~T-~C~I~TIONS ~ ~CILITIES DIS~CT"; ~ ~ SECTIONS 205.06, 205.17.01.C. (7) , 205.18.0I.C. (7) , 205.19.02.C. (5) , 205.20.01.C. (1) , 205.12.02.A. (7), ~ ~ M ~R 11, "G~ PR~SI~S ~ WHEREAS, on February 8, 1996, Congress enacted the federal Telecommunications Act of 1996, P.L. No. 104-104, to deregulate the telecommunications industry, providing a more competitive environment for wired and wireless Zelecommunication services in the United States;' and WHERE., a concomitant effect of increased competition in the market for wireless telecommunications services is an increased demand for antenna sites on Towers and other~ntenna Support Structures necessary for providing wireless service via existing and new technologies; and WHEKEA~, the Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction, and modification of Towers, Antenna Support Structures, and Wireless Telecor~nunications Facilities, as hereinafter defined, in order to protect the health, safety, and welfare of the public; and WHEREAS, the City solicited industry comment regarding the Ordinance in order to facilitate industry input and suggestions concerning the proposed Ordinance and to work through various alternatives and possible revisions in order to best accommodate the needs of the City and the industry. NOW, THEREFORE, BE IT ORDAiNED BY THE CODiCil OF THE CITY OF FRIDLEY, MINNESOTA, AS FOLLOWS: SECTION 1. That Chapter 205 of the Code of Ordinances of the City of Fridley, Minnesota, be, and hereby is, amended by enacting a new Section 205.29, to be entitled, numbered and read as follows: 205.29. 0-5 TELECO~/~UNiCATIONS TOWERS AND FACILiTiES DISTRICT 1. PURPOSE .A/~D INTENT The general purpose of this Section is to create an overlay zone to regulate the placement, construction, and modification of Towers and Wireless Telecommunications Facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. Page 2 -- Ordinance No. 1112 Specific~ily, the purposes of Enis Section are: A. To protect residential areas and land uses from potenciai adverse impact of Towers and Wireless Telecommunications Facilities; B. To minintize adverse visual impact of Towers and Wireless Telecommunications Facilities through careful design, siting, landscaping, and innovative camouflaging techniques; C. To promote and encourage shared use/collocation of Towers and existing Antenna Support Structures as a primary option rather than construction of additional single-use Towers in order to minimize the adverse visual impact of Towers and Wireless Telecommunications Facilities; D. To avoid potential damage to property caused by Towers and Wireless Te!econ=~unications Facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, rmtintained, located, and removed when no longer used or determined to be structurally unsound; E. To ensure that Towers and Wireless Telecommunications Facilities are compatible with surrounding land uses; F. To facilitate the provision of wireless te!ecommunications services =o the residents and businesses of =he City in a streamlined, orderly, and efficient fashion; G. To encourage the location of Towers in industrial and business districts, rather than residential areas. H. To enhance the ability of proriders of telecommunication services to provide such service to the community quickly, effectively, and efficiently. I. To identify specific sites within the City where Wireless Telecommunications Facilities may be located. 2. DEFINITIONS The following words, terms, and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: "A.qtenna Support Structure" means any building or other structure other than a Tower which can be used for location of Wireless Te!ecommunications Facilities. ".Applicant" means any ?erson that applies for a permit for wireless telecommunication facilities or Towers. Page 3 -- Ordinance No. ii!2 "Application" means the process by which a Person substits a requesL to develop, construct, build, modify, or erect wireless telecommunication facilities or a Tower upon land within the City. Application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an Applicant to the City concerning such a request. "Approved Site~ means a site which has been approved by the City Council as an eligible location for placement of wireless communication facilities. "city" means the City of [ridley, Minnesota. "Electrical Engineer" means an Electrical Engineer licensed by the State of Minnesota. "Existing Site" means a Tower or Antenna Support Structure for which a permit has not been issued prior to the Effective Date, and which is not located on an Approved Site. "owner" means any Person with fee simple title to any Approved Site, Existing Site, site approved by special use permit, or Wireless Telecommunications Facility. "Person" is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. "Satellite Earth Station Antenna~ is all equipment necessary for processing of traffic received from terrestrial distributions prior to transmission via satellite and of traffic received from the satellite prior to transfer of channels of communication to terrestrial distribution systems. "State" means the State of Minnesota. "Structural Engineer" means a structural engineer licensed by the State of Minnesota. "Tower" means a self-supporting !a~tice, guyed, Or monopole structure constructed from grade which supports Wireless Telecommunications Facilities. The term Tower shall not include amateur radio operators' equipment, as licensed by the FCC. "Wireless TeIecomaunica~ions FaciliCies" means any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications (other than radio or television broadcast communications) which a Person seeks to locate or have installed upon or near a Tower or Antenna Support Structure. However, the term Wireless Telecommunications Facilities shall not include: Pa~ ~ -- Ozo~nance No. A. ~y satellite earth station antenna two meters in diameter cr less which is located in an area zoned industrial or commercial; or B. ~=ly satellite earth station reception antenna one meter or less in diameter, regardless of zoning category. 3. NON-CONFORMING USES A. Existing Sites shall be considered a legal non-conforming use, unless otherwise provided for in this Chapter. S. Installation of additional Wireless Telecon=nunications Facilities beyond those in existence on.the Effective Date of this Ordinance on Existing Sites is prohibited. Failure to comply with this provision will be considered a violation of this Chapter and subject to the penalties described heroin. Routine maintenance of Wireless Teleco~=nunications Facilities on Existing Sites is permitted, except that Existing Sites and any Wireless Te!ecommunications Facilities installed on Existing Sites may not increase in size, height, weight, or otherwise result in an increase in the intensity of the no~-conforn~ng C. If any Wireless Te!ecommunications Facilities on an Existing Site are abandoned for a period of one year, such Existing Site shall lose its legal nonconforming status and shall be considered illegal nonconfort~ing use. The abandoned Wireless Telecommunications Facilities shall not be reestablished on the site, and must be removed within twelve (12) months of cessation of operations. if not removed, the City may remove the facility and assess the costs of removal against the Owner(s). 4. DISTRICT BOb'NDARIES FOR OVEKLAY ZONE A Telecommunications Towers and Facilities District, 0-5, is created and shall apply to all land within the City subject to the provisions and use requirements contained in this Section. 5. USES PERMITTED A. The construction of Towers and the installation, operation, and maintenance of Wireless Te!ecommunications Facilities shall be a pezTnitted use on the Approved Sites identified on Appendix A to this Ordinance, subject to the provisions of this Chapter. Additional Approved Sites may be approved by the City Council, subject to the ~endment procedures set forth in Section 205.05.03 of the City Code, and the requirements of this Section. B. All principal, special use, and accessory uses allowed in each underlying primary zoning district are permitted in the Page 5 -- Ordinance No. II12 TelecommunicaEions Towers and FaciliTies District, except thaL no Towers shall be constructed, and no Wireless Telecommunications Facilities shall be placed on Towers or ~ntenna Support Structures, except as provided for in this Chapter. C. Special uses. The construction of Towers and the installation, operation, and maintenance of Wireless Telecommunications Facilities shall be a special use in Zoning Districts M-l, M-2, M-3, and M-4, and any abutting railroad rights-of-way , subject to the special use approval procedures set forth in Section 205.05°04 of the Code. 6. CRITERIA FOR ADDING APPROVED SITES TO A?PENDIX A Additional Approved Sites, other than those provided in Appendix A to this Ordinance, shall be approved by the City Council according to the amendment procedures of Section 205.05.03 of the City Code. The criteria used to determine whether a site shall be designated as an Approved Site shall include, but not be limited to, the following requirements: A. Whether the proposed new site is capable of being developed to support more than two operating Wireless Telecommunications Facilities comparable to the others in weight, size, and surface area. B. Whether the proposed new site poses a risk of explosion, fire, or other danger due to its proximity to volatile, f!ammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals; and C. Whether the proposed new site is necessary and that useable Apprcved Sites are not located within a one-half (1/2) ~tile radius of the proposed new site; and D. Whether all foreseeable te!ecommunications uses of the proposed new site could comply with the setback requirements of the underlying zoning district; and S. Whether all foreseeable telecommunications uses of the proposed site could comply with any separation and buffer requirements of the underlying zoning district; Whether the proposed site is accessible for service vehicles; G. If applicable, whether the proposed site has been designed and certified by an Structural Engineer to be structura!!y sound and, an minimum, in conformance with the Building and Electric Codes adopted by the City, Zhe National ElecTric Safety Code, and any other standards and requirements Page 6 -- Ordinance No. 1112 outlined in this Section. H. If ap~licab!e, whether the Approved Site complies with all applicable Federal Aviation Administration lighting and painting regulations. I. Whether the proposed site will further the City's objective that all Towers, Antenna Support Structures, and Wireless Te!ecommunications Facilities be designed to blend into the surrounding environment. J. Whether the proposed site has adequate open space to allow Wireless Telecommunications Facilities to be installed without detrimentally impacting landscape, displacing parking, or impeding sight lines of a current or future principle use. K. Whether the proposed site adequately contributes to the City's overall effort to adequately meet the needs of the wireless telecommunications industry. L. Whether the proposed site has amenities such as trees that will allow screening and sight line relief. If no, whether the combination of site size and other site features help to provide sight line relief. M. Whether there are other structures near the proposed site that can serve as visual distractions such as high power transmission structures, highway shoring, billboards. N. Whether there are existing buildings or natural topographic features that meet the height requirements of Wireless Telecommunications Facilities without a tower structure, or which allow for a lower overall height of any necessary Tower. O. Whether there is adequate space on the proposed site so that the base of any necessary Tower can accommodate essential equipment. P. Whether the proposed site is outside of any underlying residential zoning districts. Q. Whether housed equipment can be placed on top or on the side of a structure that currently exists on the proposed site. APPLICATION FOR PLACEMENT OF TOWERS OR WIRELESS TELECOMMUNICATIONS FACILITIES IN THE CITY A. All Persons seeking to install, operate and maintain Towers or Wireless Telecommunications Facilities on Approved SiZes in the City must file an Application with the City which shall include: Page 7 -- Ordinance No. 1112 (1) The name, address, and telephone number of the Applicant; and (2) Written, technical evidence from a qualified and licensed Structural Engineer that the proposed Tower or antenna support structure is capable of supporting the equipment necessary to install, operate, and mintain the proposed antenna. The engineer shall also certify the capability of the Tower in view of existing or other proposed antenna installations. The engineer shall also assess and state the design safety margin of the entire antenna support system. The engineer shall state that within the !i~tits of engineering certainty, if the structure should fall or collapse for any reason or due to any event, the structure will be completely contained within the area identified; and (3) If proposed on a City-owned site, a completed application form for lease approval as provided by the City; and (4) A report from a qualified and licensed professional engineer which describes the height and design of the proposed Wireless Telecommunications Facility including a cross-section and elevation; and (5) Site plan drawn at an engineering scale showing the location of the Wireless Telecommunications Facility in relation to surrounding structures; and (6) If located on a water tower, a written report addressing the requirements contained heroin for water towers; and (7) Foundation, cross-section, and building plans for installation of the Wireless Telecommunications Facility; and (8) ~n Application fee as required by Chapter 11; and (9) The Application shall also contain an affirmative statement indicating that the Applicant agrees to comply with the provisions in Section 205.23. regarding abandonment; and (10) No new or existing wireless telecommunications service will interfere with public safety telecommunications. Before the introduction of new service or before implementing any change in existing service, all wireless te!ecommunications service proriders shall notify the City at least ten (!0) Calendar days in advance of such changes and allow the City to monitor Page 8 -- Ordinance No. 1112 interference levels during the testing process; and (11) Application for a building permit from the City pursuant to Chapter 206 of the Code; and (!2) A statement as to whether the proposed development of Approved Site is capable of being developed to support more than two operating Wireless Telecoramunications Facilities comparable to the others in weight, size, and surface area; and ~ (I3) Written, technical evidence from an independent consulting engineer licensed to practice geological engineering in the State of Minnesota confirming that the soil at the location of the Tower or Wireless Telecommunication Facility is capable of supporting the proposed antenna arrays, equipment, and personnel performing typical work functions; and (14) A landscaping plan showing location of materials, height at planting, types of materials, and installation practices. B. All information submitted with an Application that is trade secret information or is for other reasons proprietary shall be clearly marked as such when submitted with an Application. The City shall not disclose publicly, or to any third party, proprietary information unless compelled to do so by federal, State, or local law. C. All persons seeking to install, operate, and maintain Towers or Wireless Telecommunications Facilities in M-l, M-2, M-3, or M-4 Zoning Districts as a special use permit shall submit the information required in 205.28.07.A, except items (3) and (11). 8. APPLICATION PROCESS A. Upon submission of an Application on an Approved Site, the City shall notify the Applicant in writing to confirm if the Application is complete addressing all of the requirements as required by this Section. if the Application is incomplete, the letter will specify what information is missing and the Applicant must then submit a new Application. If an Application is submitted on an Approved Site which is owned by the City, a lease agreement must be approved by the City Council. The City shall comply with the time deadlines for agency action as dictated in Minnesota State Statutes. Construction or installation on Approved Sites may begin upon approval of the lease agreement, if necessary, and issuance of a building permit. Pa~e 5 -- O=dinance No. 1112 B. If a Tower or Wireless Telecommunications Facility is approved by a special use permit, the Applicant must also apply for and receive a building permit. 9. TOWER HEIGHT Tower height shall be measured from the average adjoining grade to the highest point of construction of any Tower or Wireless Telecommunications Facilities. Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of one hundred twenty-five (125) feet. 10. STEALTH DESIGN AND EXTERIOR FINISHES All Approved Sites, Towers, and Wireless Te!ecommunications Facilities shall be designed to blend into the surrounding environment. Monopoles with antenna arrays shall be finished so as to be compatible with other buildings or structures in the area, and shall be finished with a non-corrosive material. Wireless Telecommunications Facilities placed on water. towers shall be finished with a non-corrosive material to match the color of the water tower. 11. ILLUMINATION Towers shall not be artificially illuminated except as required by the Federal Aviation Achninistration ("F~3V'). Upon commencement of construction of a Tower, in cases where there are residential uses located within a distance of three hundred (300) feet from the Tower, and when required by federal law, dual mode lighting shall be requested from the F~. 12. LANDSCAPING AND SCREENING All sites shall include appropriate landscaping as required heroin and shall comply with all landscaping requirements of the underlying zoning district. Accessory above-ground equipment must utilize existing buildings or structures, if possible. If no existing structures are available, the Owner of the Wireless Telecommunications Facilities may construct such a structure. At minimum, all ground equipment shall be fully screened from public rights-of-way or residential property by existing structures, a brick decorative wall, or a solid one hundred percent opaque vegetative enclosure, six feet in height at planting. 13. SECURITY All Towers must be reasonably posted and secured to protect against trespass, Chain link fences may be used to protect Towers and Wireless Teiecommunications Facilities. Barbed or razor wire is prohibited. All facilities shall be designed to discourage unauthorized climbing on the structure. Paae 10 -- Ordinance NO. 111. 14. INSTALLATION REQUIREMENTS C}I WATER TOWERS ~ND iN CITY Installation of Wireless Telecommunication Facilities on water towers will be permitted when the City is fully satisfied that the following A. The Wireless Telecommunications Facility will not increase the risks of contamination to the City's water supply. B. There is sufficient room on the structure and/or on the grounds to acconunodate the Wireless Te!eccnununication facility. C. The presence of the Wireless Telecommunication Facility will not increase the water tower or reservoir maintenance costs to the City- D. The presence of the Wireless Communication Facility will not be harmful to the health of workers maintaining the water tower or reservoir. E. ~!1 state and federal regulations pertaining to non-ionizing radiation and other health hazards has been satisfied. 15. BUILDING PE?~MIT REQUIRED A building perntit is required for installation of any Tower or Wireless Telecommunications Facility. The completed installation,' including all associated buildings, shall comply with all applicable building codes including but not li/nited to N.F.P.A. 70 National Electrical Code, EIA 222 Structural Standards for Steel A~tenna Towers, and others as may be dotemined by the Building Official. 16. SETBACKS The Tower or Wireless Telecommunications Facility shall be located in rear or side yard areas and shall be set back at least ten (10) feet from side or rear lot lines. 17. SIGNS Warning or equipment info~'Tmation signs are the only permitted signage associated with the Tower or Wireless Telecormmunications Facility. 18. CERTIFICATIONS AND INSPECTIONS A. All Towers and Wireless Te!ecommunications Facilities shall be periodically reviewed by the City to be structurally sound and in conformance with the requirements of the City building code, this Chapter, any conditions of approval placed on a special use permit and all other construction standards set forth by the City's Code, and federal, s~ate, and local law. Paqe !l -- Ordinance No. 11!2 Existing Sites may be inspected for compliance with this Section at any time if the City believes there are questions regarding compliance with the City building code, this Section, any conditions of approval placed on a special use pe_.-Tait, all other construction standards set forth in the City's Code, and all other federal, state, and local laws. B. The City and its agents shall have authority to enter onto any Approved Site, Existing Site, or site approved by special use permit between the inspections and certifications required above, to inspect the site for the purpose of determining. whether the Sites comply with the City's Building and Electric Codes, the National Electric Safety Code and all ocher construction standards provided by the City's Code and federal and State law. C. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the Owner(s). All expenses related to such inspections by the City shall be borne by the site Owner(s). 19. MAINTENANCE A. Ordinary and reasonable care of Towers and Wireless Telecommunications Facilities shall be employed at all times. All Towers and Wireless Te!ecommunications Facilities shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any Person. B. Owners shall install and maintain Towers and Wireless Telecommunications Facilities in substantial compliance with the requirements of the NaTional Electric Safety Code and all FCC, State, and local regulations, and in such manner that will not interfere with the use of other property. C. All maintenance or construction on Towers or Wireless Telecommunications Facilities shall be performed by qualified maintenance and construction personnel. D. All Owners of Wireless Te!ecommunications Facilities shall maintain compliance with current radio frequency emission standards of the FCC. In order to provide information to its citizens, copies of all FCC information concerning Wireless Telecommunications Facilities shall be made available to the City and updated annually. E. In the event the use of a Tower or Wireless Telecommunications Facility is discontinued by the Owner of the Wireless Te!ecommunications Facilities, or in Che event an Owner · files notice of the FCC of its interest to cease operating, the Owner shall provide written notice to the City of its intent co discontinue use and the dace when the use s~al! be discontinued. Pa~e 12 -- Ordinance NQ. 20. PRIOKITY FOR USE Priority for use of the installation, maintenance and operation of Towers and Wireless Telecommunications Facilities will be given to the following entities in descending order: A. City of Fridley. B. Public safety agencies, including law enforcement, fire, and an~bulance services, which are not part of the City of Fridley and private entities with a public safety agreement with the City of Fridley. C. Other goverrunental agencies, for uses which are not related to public safety. D. Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (?CS), specialized mobilized radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public. 21. CO-LOCATION Towers shall be designed to support more than two Wireless Telecommunication Facilities. 22. FEES The Applicant shall pay the fees requested by Chapter 1I for processing requests to install, operate, and maintain a Tower or Wireless Telecommunications Facility in the City. If deemed as necessary due to the nature of the application, the A~plicant shall also be required to reimburse the City for its cost to retain a consultant to review the requested application. 23. A~ANDONMENT If any site for which approval to install, maintain, and operate a Tower or Wireless Telecommunications Facilities has been granted by the City shall cease to be used for a period of 365 consecutive days, the City shall notify =he Owner of the Wireless TelecommunicaCions Facilities, with a copy to the owner of the property, that such site has been deemed abandoned. Upon a finding of abandonment by the City, the Tower or Wireless Te!ecommunications Facilities abandoned may be removed. The City shall assess all costs related to the removal of abandoned Tower or Wireless Te!ecommunications Facilities to the Owner(s). 24. SEVEP, ABILITY Page 13 -- Ordinance No. 1112 If any clause, section, or other part of this Ordinance shall be held invalid or unconstitutional by any court of competen~ jurisdiction, the remainder of this Ordinance shall not be affected ~hereby, but shall remain in full force and effect. 25. VIOLATION Any person who shall violate any of the provisions of =his Section shall be guilty of a misdemeanor and subject to the provisions of Chapter 901 of the Fridley City Code. Page t4 -- Ordinance No. 1112 APPENDIX A The following locations are zoned to and have been determ/ned to be Approved Sites for the installation of Towers or Wireless Telecon=nunioations Facilities. · Municipal Garage or Recycling Center · Conununity Park · Edgewater Park · Fridley Reservoir along Matterhorn Drive · Fridley Water Tower in Locke Park · Fridley Commons Water Tower on 61== Avenue · Well ~13 · Commons Park Pace 15 -- Ordlnancc t4c. 11i2 ll.1O. FEE5 License and permit fees shall be as follows: CODE SUBJECT 205.29 Review request =o add an Approved Site Special use permit for Towers and Wireless TelecommunicaZions Facilities Review an Approved Site Application Consultant expertise to review Tower and Wireless Telecommunications Facilities Building permit Inspection of sites FEE $500 $400 $400 Applicant Zo fully rein~urse costs ~ required by Uniform Building Code As required by Uniform Building Code Paqe 16 -- Ordinance No. I!12 205.06. ESTABLISHMENT OF DISTRICTS For the purpose of this Chapter the following districts are hereby established within the City of Fridley: 0-5 Telecommunications Towers and [acilities District 205.29 Pa~e ff~ -- Ordinance 205.17 M-% LIGHT INDUSTRIAL DISTRICT REGULATIONS 1. USES PERMITTED C. Uses Permitted With A Special Use Permit. The following are uses permiZted wi~h a Special Use Permit in I Districts: (7) Telecommunication Towers and Wireless Telecommunications Facilities as regulated in SecZion 205.29. 205.18 M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS 1. USES PERMITTED C. Uses Permitted With A Special Use Permit. The following are uses pe..-mitted with a Special Use Permit inM- 2 Districts: (7) TeLecommunication Towers and Wireless Te!ecommunica~ions Facilities as regulated in Section 205.29. 205.19 M-3 HEAVY INDUSTRIAL, OUTDOOR INTENSIVE DISTRICT REGULATIONS 2. USES PERMITTED C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use 3 Districts: (5) Telecommunication Towers and Wireless Telecommunications Facilities as regulated in Section 205.29. 205.20 M-4 MANUFACTURING ONLY DISTRICT REGULATIONS 1. USES PERMITTED C. Uses PermiZted WiZh A Special Use Permit. The following are uses pe~--mi~ted with a Special Use Permit in M- 4 Districts: (1) Te!ecommunication Towers and Wireless Telecommunications Facilities as regulated in Section 205.29. PaGe 1B -- Ordinance No. 1112 205.12 P PUBLIC FACILITIES DISTRICT REGULATION2 2. USES PERMITTED A. ?rincipai Uses. The following are principal uses in ? Districts: (7) Telecon=nunication Towers and Wireless Telecommunications Facilities as regulated in Section 205.29. PASSED ~/qD ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TM DAY OF NOVEMBER, 1997o ATTEST: NANCY J. JORGENSON - MAYOR WILLIAM A. CF~AMPA - CITY CLERK Public Hearing: October 27, 1997 First Reading: November 10, 1997 Second Reading: November 24, !997 Publication: December 4, 1997 CITY COUNCIL LETTER Meeting of February 14, 2000 AGENDA SECTION: Consent Agenda l'l , A -5 NO. ITEM: Transfer of $720 from the General Fund to NO. Police Dept. 2000 Budget to Repay O.T. Fund ORIGINATING DEPARTMENT POLICE DATE: 0 CITY MANAGER APPROVAL: DATE: BACKGROUND: As part of the Y2K precautions, Northeast State Bank hired one of our officers off duty to be in the lobby of their bank t~om mid-December to January 5, 2000. Since this type of off duty employment is handled through the department, officers have signed up and worked this detail from December 15 through January 5, 2000. On January 17, 2000, we received a check from Northeast State Bank in the amount of $3,883.50 to cover the cost of this overtime. $3,163.50 of this check was for work perlbrmed in the year 1999. In talking with Roxane Smith, the Assistant Finance Director, she I~lt it would not be necessary to transfer this money back to the 1999 Police Department budget. $ 720 of this money did come from the 2000 Police Department budget, and this amount needs to be transferred back into the 2000 budget. According to the City Finance Director, because this money is considered revenue, it had to first be placed in the City General Fund. ANALYSIS/CONCLUSION: The Police Department is requesting that the City Council pass a motion requiring the $720 received from the Northeast State Bank to cover costs of off duty police officers working security at the Bank from January 3 to January 5, 2000, be returned to the 2000 Police Department budget line 1020. RECOMMENDED MOTION: Move to transfer $720, the total amount received from Northeast State Bank for off duty security ~vorked from January 3, 2000, to January 5, 2000, from the General Fund to the Police Department 2000 budget under line 1020. police overtime. TMJ:mld 00-28 COUNCILACTION: "'OP.t~ ]. 5 THOUSAND EIGHT HUNDRED EIGHTY THREE AND 80/100 ........ DOLLARS AMOUNT CITY OF COLUMBIA HEIGHTS C/O POLICE DEPARTMENT 859 MILL STREET N.E, COLUMBIA HEIGHTS MN 88421 883.50 ;:09 AO00 ~ a 1/17/00 CITY OF COLUMBIA HEIGHTS INVOICE NO DATE AMOUNT PAID Z000001 1/04/00 720.00 99003Z 1/04/00 3,163.50 CHECK AMOUNT - 3~883.S0 937 Northeast flank INVOICE Columbia Heights Police Department Date: January 4, 2000 Invoice #: 990032 Customer Name: Address: Home Phone: NE State Bank 3989 Central Ave NE, Columbia Heights, MN 55421 Work Phone: 782-1781/1783 Request for: Police Officers for: December 15, 1999 through December 31, 1999 see attached list of hours: BILLL%rG L%rFORMA TIOIV Number of Officers: 14 Hours: 83.25 Wage is $38. OO per hour. Total Due: $3,163.50 Make checks payable to the "City of Columbia Heights". Please mail payment to: City of Columbia Heights Police Department, 559 Mill Street b/E, Columbia Heights, MN 55421 FOR DEPARTMENTAL USE ONL~ Officer(s) on Duty: Off Duty: Amount Received: Date: INVOICE Columbia Heights Police Department Date: Customer Name: Address: Home Phone: January 4, 2000 Invoice #: 2000001 NE State Bank 3989 Central Ave NE, Columbia Heights MN 55421 Work Phone: 782-1781/1783 Request for: 3 Police Officers for: January 3, 2000 through January 5, 2000 January 03,2000 10AM-4PM 6hrs. Dietz January 04,2000 10AM-4PM 6hrs. Dietz January 05,2000 10AM-4PM 6hrs. Dietz BILLING INFORMATION Number of Officers: 3 Hours: 18 Wage is $40. O0 per hour. Total Due: $720.00 Make checks payable to the "City of Columbia Heights". please mail payment to: City of Columbia Heights Police Department, 559 Mill Street NE. Columbia Heights, MN 55421 Officer(s) on Duty: Amount Received: FOR DEPARTMENTAL USE ONLY Off Duty: Date: CITY COUNCIL LETTER Meeting of February 14, 2000 AGENDA SECTION: Consent NO. ITEM: Hilltop Police and Rescue/Medical Contract NO. ORIGINATING DEPARTMENT POLICE DATE: 8 CITY MANAGER APPROVAL: BACKGROUND: Attached is a proposed renewal contract with the City of Hilltop for police and rescue/medical services through the year 2003. The contract reflects an approximate 3.5% yearly increase in each area. The Hi lltop City Council has approved this new contract and has forwarded it to the City o fColumbia Heights for our approval. The contract has been reviewed by City Attorney James Hoeft and he has found no issues with it. ANALYSIS/CONCLUSION: it is the recommendation of the Police Chief and the Fire Chief that the City Council approve the contract with the City of Hilltop to provide police and rescue/medical services through March 31, 2003. RECOMMENDED MOTION: Move to authorize 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. TMJ:mld 00-29 Attachments: Copy of 1997 contract Proposed 2000 contract COUNCIL ACTION: JOINT AGREEMENT AND CONTRACT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE CITY OF HILLTOP FOR POLICE AND EMERGENCY MEDICAL SERVICES This Agreement, made and entered into by and between the City of Columbia Heights, hereinafter referred to as "Columbia Heights" and the City of Hilltop, hereinafter referred to as "Hilltop"; WITNESSETH; WHEREAS, Columbia Heights presently has a police department, and, WHEREAS, Hilltop has discontinued its police department and has contracted for police services with Columbia Heights in past years, THEREFORE, it is mutually agreed: SECTION I That Columbia Heights shall Furnish to Hilltop police protection to the same extent as is afforded to Columbia Heights by the Police Department of Columbia Heights. Similarly, Columbia Heights, through its fire department, shall furnish emergency medical services to Hilltop to the same extent as is afforded to Columbia Heights. SECTION II That Columbia Heights shall patrol the streets and answer all calls for police protection and emergency medical service in Hilltop. SECTION III That Columbia Heights police officers shall issue traffic and ordinance violation tickets and maintain a record of the same similar to the' records kept by Columbia Heights, except that the records prepared for Hilltop shall be made available to Hilltop officials at any time and upon termination of this Agreement shall be delivered to Hilltop. Availability of records pursuant to this section shall be subject to the limitations of the Government Data Practices Act. SECTION IV That Hilltop shall at the time of the authorization for the execution of this Agreement adopt a resolution empowering and authorizing the police officers of Columbia Heights to have the power of arrest in Hilltop and deliver to Columbia Heights a certified copy of said resolution. If Columbia Heights incurs any expense as a result of purchasing liability insurance to cover its furnishing of emergency medical services to Hilltop, the City of Hilltop will reimburse the City of Columbia Heights for the cost of such additional insurance coverage. 8ECTION V That Columbia Heights shall furnish to the Hilltop City Council a monthly report in writing. Said report shall be in such reasonable detail as requested by said Hilltop Council. SECTION VI That as and for compensation, Hilltop shall pay to Columbia Heights for police patrol the following amounts covering the periods corresponding thereto as described below, to-wit: April 1, April 1, April 1, 1997 through March 31, 1998 1998 through March 31, 1999 1999 through March 31, 2000 $119,000.00 $124,000.00 $129,000.00 That as and for compensation, Hilltop shall pay to Columbia Heights for emergency medical services the following amounts for each call covering the periods corresponding thereto as described below, to wit: April 1, 1997 through March 31, 1998 $ 160.00 April 1, 1998 through March 31, 1999 $ 162.00 April 1, 1999 through March 31, 2000 $ 164.00 SECTION VII That the contract is for a term of three years beginning April 1, 1997 and ending March 31, 2000. Either party may terminate this agreement effective the anniversary date of March 31 upon five months' written notice to the other party. That Columbia Heights my terminate the agreement upon forty- five (45) days' written notice when any semi-annual payment required by Hilltop has not been received by Columbia Heights during normal business hours thirty (30) calendar days after July 31 and December 31. Payments made thirty (30) days after July 31 and December 31, but prior to the forty-five (45) days' notice of cancellation shall not void the cancellation, and there shall be no resumption of service without new negotiations and agreement. Should substantial or material changes in conditions occur which are beyond the control of Columbia Heights such that performance becomes impossible, then the agreement can be terminated upon five (5) months' written notice to Hilltop. SECTION VIII That Hilltop shall pay the contract compensation as follows: April 1, 1997: October 1, 1997: April 1, 1998: October 1, 1998: April 1, 1999: October 1, 1999: $59,500.00 $59,500.00 $62,000.00 $62,000.00 $64,500.00 $64,500.00 Payments made after the due date shall bear interest at the rate of 8% on the delinquent balance until paid. Hilltop shall render payment for emergency medical service on a quarterly basis promptly upon receipt of a statement from Columbia Heights for such services. If said payments are not made within forty-five (45) days of delivery of the invoice, the amount due shall be subject to 8% interest until paid. SECTION IX That Hilltop shall pay the cost of court appearances of any police officers and fire department employees which are made as a part of their police or emergency service duties for Hilltop. Hilltop shall render such payment upon receipt of a statement from Columbia Heights for said court appearance cost pursuant to the pay schedule for such service in Columbia Heights. If said payment is not made within forty-five (45) days of delivery of the invoice, the amount due shall be subject to 8% interest until paid. SECTION X That Hilltop shall pay Columbia Heights the sum of $300 for each liquor or beer license investigation requested by Hilltop or required by law. 3 SECTION XI That Hilltop shall indemnify the City of Columbia Heights and hold it harmless from all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities arising out of police services and emergency services furnished by Columbia Heights to Hilltop. However, such indemnification liability of Hilltop to Columbia Heights shall specifically exclude workers' compensation claims, motor vehicle no-fault claims (PIP), health and medical care costs for Columbia Heights employees, and claims arising out of child molestation or child abuse. Hilltop has obtained insurance coverage from LMCIT to cover this contractual liability. Hilltop's liability to Columbia Heights shall be limited to the coverage afforded by this insurance policy, except that the $10,000 deductible provision of the policy shall not apply to Hilltop's responsibility to indemnify Columbia Heights. Hilltop shall name Columbia Heights as a certificate holder on said insurance policy, and the policy shall bear a provision that requires that insurer shall give Columbia Heights not less than thirty (30) days' written notice of termination, cancellation, or any change in coverage under the policy. The cancellation provision may not bear a disclaimer limiting the obligation of the insurer to only "endeavor" to give notice and may not contain a disclaimer that the insurer shall bear no responsibility by failing to provide such notice. Columbia Heights shall have the right to examine and inspect any policies of insurance issued to cover the contractual liability opposed by this Agreement including the first policy to be issued hereunder. Columbia Heights shall further have the right to demand reasonable assurances from Hilltop's insurers that Hilltop's insurers will not attempt to invalidate the indemnity provisions of the contract. Hilltop agrees to use its best efforts to maintain the same or similar liability insurance during the term of this Agreement. This Agreement to indemnify and hold harmless does not constitute a waiver by either Columbia Heights or Hilltop of limitations on liability provided by Minnesota Statutes, Chapter 466. SECTION XII Notwithstanding any provision herein to the contrary, in the event that Hilltop fails to maintain and furnish to Columbia Heights required policies of insurance as satisfactory to Columbia Heights or if Hilltop's insurer fails to provide the assurances required, Columbia Heights may at any time during the term of this Agreement terminate this agreement effective upon ten (10) days' written notice to Hilltop. 4 SECTION XIII Columbia Heights and Hilltop agree to resolve all disputes among them arising from this Agreement by arbitration and without the time and expense associated with court proceedings, pursuant to the terms of the Minnesota Arbitration Act, Minnesota Statutes Chapter 572 et seq., and, in agreeing to refrain from bringing suit against each other for the duration of this Agreement, the arbitration established by this Agreement shall be conducted according to the rules of the American Arbitration Association. IN WITNESS WHEREOF, the parties have duly executed this Agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. Dated this day of , 1996. Approved as to form: CITY OF COLUMBIA HEIGHTS A Municipal Corporation ~/~, ~C~ty Manager Approved as to form: BYCity A ~ CITY OF HILLTOP A Municipal Corporation and , City Clerk 5 ~IEW01~IST ~ EKSTRUI~I, CtL~RTERED ATTORNEYS AT LAW SUITE 30h FRIDLEy pLAZA OFFICE BUILDING 6401 UNIVERSITy AVENUE N.E. FRIDLEY, MINNESOTA 55432-4381 January 24,2000 RECEIVED JAN COLU~tEJIA HEIGHTS POLICE DEPARTMENT OF COUNSEL DOUGLAS J, PETERSO LEGAL ASSISTANT Chief Thomas Johnson Columbia Heights Police Department 559 Mill Street NE Columbia Heights MN 55421-3882 Re: Columbia Heights/Hilltop Police Contract Dear Chief Johnson: Enclosed please find the Joint Agreement and Contract which has been approved by the Hilltop City Council by resolution adopted January 18, 2000. The Contract has been signed by Mayor Murphy and our City Clerk, Ruth Nelsen. I have approved the Contract as to form. I have left the Contract undated, pending approval by the Columbia Heights City Council. Would you please present the Contract to your City Manager, City Attorney and Council. Assuming the Contract is approved, please send me a photocopy of the signed original. Thank you for your help. CJN/Fmj Enclosure cc: . s very truly, uist Hilltop City Attorney Ruth Nelsen, Hilltop City Clerk JOINT AGREEMENTAND CONTRACT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE CITY OF HILLTOP FOR POLICE AND EMERGENCY MEDICAL SERVICES This Agreement, made and entered into by and between the City of Columbia Heights, hereinafter referred to as "Columbia Heights" and the City of Hilltop, hereinafter referred to as "Hilltop"; WITNESSETH; WHEREAS, Columbia Heights presently has a Police Department, and, WHEREAS, Hilltop has discontinued its police department and has contracted for police services with Columbia Heights in past years, THEREFORE, it is mutually agreed: SECTION I That Columbia Heights shall Furnish to Hilltop police protection to the same extent as is afforded to Columbia Heights by the Police Department of Columbia Heights. Similarly, Columbia Heights, through its Fire Department, shall furnish emergency medical services to Hilltop to the same extent as is afforded to Columbia Heights. SECTION II That Columbia Heights shall patrol the streets and answer all calls for police protection and emergency medical service in Hilltop. SECTION III That Columbia Heights police officers shall issue traffic and ordinance violation tickets and maintain a record of the same similar to the records kept by Columbia Heights, except that the records prepared for Hilltop shall be made available to Hilltop officials at any time and upon termination of this Agreement shall be delivered to Hilltop. Availability of records pursuant to this section shall be subject to the limitations of the Government Data Practices Act. SECTION IV That Hilltop shall at the time of the authorization for the execution of this Agreement adopt a resolution empowering and authorizing the police officers of Columbia Heights to have the power of arrest in Hilltop and deliver to Columbia Heights a certified copy of said resolution. If Columbia Heights incurs any expense as a result of purchasing liability insurance to cover its furnishing of emergency medical services to Hilltop, the City of Hilltop will reimburse the City of Columbia Heights for the cost of such additional insurance coverage. SECTION V That Columbia Heights shall furnish to the Hilltop City Council a monthly report in writing. Said report shall be in such reasonable detail as requested by said Hilltop Council. SECTION VI That as and for compensation, Hilltop shall pay to Columbia Heights for police patrol the following amounts covering the periods corresponding thereto as describe below, to wit: April 1, 2000, through March 31,2001 April 1, 2001, through March 31, 2002 April 1, 2002, through March 3l, 2003 $134,000.00 $139,000.00 $144,000.00 That as and for compensation, Hilltop shall pay to Columbia Heights for emergency medical services the following amounts for each call covering the periods corresponding thereto as described below, to wit: April 1, 2000, through March 31, 2001 $166.00 April 1,2001, through March 31, 2002 $168.00 April !, 2002, through March 31, 2003 $170.00 That the contract is for a term of three years beginning April 1, 2000, and ending March 31,2003. Either party may terminate this Agreement effective the anniversary date of March 31 upon five months' written notice to the other party. That Columbia Heights may terminate this Agreement upon forty-five (45) days' written notice when any semi-annual payment required by HilItop has not been received by Columbia Heights during normal business hours thirty (30) calendar days after July 31 and December 31. Payments made thirty (30) days after July 31 and December 31, but prior to the forty-five (45) days' notice of 2 cancellation shall not void the cancellation, and there shall be no resumption of service without new negotiations and agreement. Should substantial or material changes in conditions occur which are beyond the control of Columbia Heights such that performance becomes impossible, then the Agreement can be terminated upon five (5) months' written notice to Hilltop. SECTION VIII That Hilltop shall pay the contract compensation as follows: April 1,2000: $67,000.00 October 1, 2000: $67,000.00 April 1, 2001: $69,500.00 October 1, 2001: $69,500.00 April 1, 2002: $72,000.00 October 1, 2002: $72,000.00 Payments made after the due date shall bear interest at the rate of 8% on the delinquent balance until paid. Hilltop shall render payment for emergency medical service on a quarterly basis promptly upon receipt of a statement from Columbia Heights for such services. If said payments are not made within forty-five (45) days of delivery of the invoice, the amount due shall be subject to 8% interest until paid. SECTION IX That Hilltop shall pay the cost of court appearances of any police officers and fire department employees which are made as a part of their police or emergency service duties for Hilltop. Hilltop shall render such payment upon receipt of a statement from Columbia Heights for said court appearance cost pursuant to the pay schedule for such service in Columbia Heights. If said payment is not made within forty-five (45) days of delivery of the invoice, the amount due shall be subject to 8% interest until paid. SECTION X That Hilltop shall pay Columbia Heights the sum of $300.00 for each liquor or beer license investigation requested by Hilltop or required by law. SECTION XI That Hilltop shall indemnify the City of Columbia Heights and hold it harmless from all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities arising out of police services and emergency services furnished by Columbia Heights to Hilltop. However, such indemnification liability of Hilltop to Columbia Heights shall specifically exclude workers' compensation claims, motor vehicle no-fault claims (PIP), health and medical care costs for Columbia Heights employees, and claims arising out of child molestation or child abuse. Hilltop has obtained insurance coverage from LMCIT to cover this contractual liability. Hilltop's liability to Columbia Heights shall be limited to the coverage afforded by this insurance policy, except that the $10,000.00 deductible provision of the policy shall not apply to Hilltop's responsibility to indemnify Columbia Heights. Hilltop shall name Columbia Heights as a certificate holder on said insurance policy, and the policy shall bear a provision that requires that insurer shall give Columbia Heights not less than thirty (30) days' written notice of termination, cancellation, or any change in coverage under the policy. The cancellation provision may not bear a disclaimer limiting the obligation of the insurer to only "endeavor" to give notice and may not contain a disclaimer that the insurer shall bear no responsibility by failing to provide such notice. Columbia Heights shall have the right to examine and inspect any policies of insurance issued to cover the contractual liability opposed by this Agreement, including the first policy to be issued hereunder. Columbia Heights shall further have the right to demand reasonable assurances from Hilltop's insurers that Hilltop's insurers will not attempt to invalidate the indemnity provisions of the contract. Hilltop agrees to use its best efforts to maintain the same or similar liability insurance during the term of this Agreement. This Agreement to indemnify and hold harmless does not constitute a waiver by either Columbia Heights or Hilltop of limitations on liability provided by Minnesota Statutes, Chapter 466. SECTION XII Notwithstanding any provision herein to the contrary, in the event that Hilltop fails to maintain and furnish to Columbia Heights required policies of insurance as satisfactory to Columbia Heights or if Hilltop's insurer fails to provide the assurances required, Columbia Heights may at any time during the term of this 4 Agreement terminate this Agreement effective upon ten (10) days' written notice to Hilltop. SECTION XIII Columbia Heights and Hilltop agree to resolve all disputes among them arising from this Agreement by arbitration and without the time and expense associated with court proceedings, pursuant to the terms of the Minnesota Arbitration Act, Minnesota Statutes Chapter 572 et seq., and, in agreeing to refrain from bringing suit against each other for the duration of this Agreement, the arbitration established by this Agreement shall be conducted according to the rules of the American Arbitration Association. IN WITNESS WHEREOF, the parties have duly executed this Agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. Dated this __ day of , 2000. Approved as to form: CITY OF COLUMBIA HEIGHTS A Municipal Corporation By Jim Hoeft, City Attorney for Columbia Heights By Gary Peterson, Mayor and Walter Fehst, City Manager Approved a to form: Carl ui st, op CITY OF HILLTOP A Municipal Corporation Ruth Nelsen, City Clerk CITY COUNCIL LETTER Meeting of February 14. 2000 AGENDA SECTION: Consent NO. ITEM: Authorization to attend Out-of-town Training NO. ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: January 28, 2000 CITY MA AGER APP~.OVA: BACKGROUND: The Minnesota Chiefs Executive Training Institute is an annual training session put on by the Minnesota Chiefs of Police Association. This year the event will take place on April 17, 18, 19, and 20, 2000. Because Captain Roddy and I will be away from the office for more than three days, this course must have prior Council approval. ANALYSIS/CONCLUSION: The conference allows the Chief of Police and Captain to network with other chiefs and command staff meet with vendors, and attend valuable training. This year the Chief will once again be instructing a course on policy development for new police chiefs, and we have been requested to present on our graffiti cleanup program as a best practices for community policing. Corporal John Rogers will be doing this presentation on April 19, 2000. RECOMMENDED MOTION: Move to approve 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. TMJ:mld 00-30 COUNCIL ACTION: Minnesota Chiefs of Police Educational Foundation Meeting Management Office 13355 Tenth Avenue North, Suite 108 Minneapolis, MN 55441-5510 NON-PROFIT ORGANIZATION U.S. POSTAGE PAID PERMIT #847 HOPKINS, MN 2000 Preliminary Program B' '~ B' ~'~ CITY COUNCIL LETTER Meeting of: 2/14/2000 AGENDA SECTION: CONSENT AGENDA NO: ~ ' A '~ ITEM: AUTHORIZATION TO PURCHASE TOTAL STATION SURVEY EQUIPMENT ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hanse~ DATE: 2/8/00 CITY MANAGER DATE: Background: The 2000 Engineering budget has $16,000 to purchase Total Station Survey Equipment. The existing Total Station survey instrument is a Sokkia Set 3B and is 11 years old. The Set 3B gathers information at a speed of 8 seconds for each observation, compared with current models in the range of 2 to 3 seconds. Analysis/Conclusions: The acquisition of a new Total Station would benefit the Engineering Department. Topography surveys are the most common and time consuming type of survey that we do on an annual basis. With the shortened data collection time that the new total stations offer, we estimate the actual survey time could be reduced dramatically. Upload and download time transferring information to and from the computer is also much faster. There are new staking routines which allow more versatility when providing stakes for construction. Staff is proposing to pumhase a Topcon GTS-311 Total Station for $12,270.00 from Laser Control Inc. This instrument gathers information at a speed of 2 seconds for each observation. The sales representative will provide our staff with unlimited support and training. Laser Control also has technicians on staff to service the equipment. Although a quote from Allen Precision Equipment (another Topcon Dealer) is $ 222.60 less, the support, training and service are not available. The costs for comparable equipment are shown below: Allen Precision Equipment, Inc. (Topcon 312, 3 Second) Sokkia Measuring Systems (Set 3110, includes trade-in) $12,047.40 $13,600.00 We would advertise our existing Total Station for sale in the LMC weekly publication. Recommended Motion: Move to authorize staff to purchase one Topcon GTS-311 Total Station Package from Laser Control, Inc. for a cost of $12,270.00 plus tax with funds allocated from 431-43100-5170. KH:jb COUNCIL ACTION: CiTY COUNCIL LETTER Meeting of February 14, 2000 AGENDA SECTION: NO: ITEM: NO: Consent 'A-q Authorize the Assistant Fire Chief to attend the Fire Department Instructors Conference in Indianapolis, Indiana on February 29- March 5, 2000 ORIGINATiNG DEPARTMENT: Fire BY: Dana Alexon DATE: January 25, 2000 CITY MANAGER APPROVAL DATE: The Fire Department Instructor's Conference is an annual conference designed for fire service instructors and leaders. The conference is sponsored by Fire Engineering magazine and is nationally recognized as a top-notch conference. Each day of the conference is filled with educational programs taught by many of the same people who write articles and columns in Fire Engineering and other trade journals. The stated mission of FDIC is "To provide you and your department tools for success and to re-energize your commitment to the demanding job of firefighting and life safety." The Assistant Fire Chief is responsible for the Fire Department' s training program. Goals for attending this conference include the opportunity to network with others in similar positions, attend classes featuring cutting edge training and conduct research related to anticipated pumhases as well as review products available on the market which will make the fire department' s job easier and safer. RECOMMENDED MOTION: Move to authorize 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. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: February 14. 2000 AGENDA SECTION: Cow 5e .,~ ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: L~ _ ]~°1 O Fire ,TEM: Es,.~,is~ ~e.ri.g D.tesBY: ~.~. Al.~on BY:df',f~ License Revocation, Rental Properties NO: DATE: February 9, 2000 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. Thomas Brooks ............................. 4328 6~" Street NE RECOMMENDED MOTION: Move to Establish 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 6'h Street. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Meeting of: February_ 14, 2000 AGENDA SECTION: Consent ITEM: MCPP Application for first time home buyer program ORIGINATiNG DEPARTMENT: Community Development BY: Kenneth R. Anderson L~V~ DATE: February 3, 2000 CITY MANAGER APPROVAL BY: ISSUE STATEMENT: City Council authorization for Anoka County to apply to the Minnesota Housing Finance Agency (MHFA) Minnesota Cities Participation Program (MCPP) for low interest, fixed rate, mortgage financing for first-time home buyers on behalf of the City of Columbia Heights. BACKGROUND/ANALYSIS: For the past several years the City of Columbia Heights has participated in the MCPP for first-time homebuyers. The application for this program is due not later than 4:30 p.m. Monday, February 14, 2000. The opportunity exists for the City of Columbia Heights to participate in an application submitted by Anoka County. The advantages of this approach would be that the program funding levels are determined on a population based formula. The funds are also available on a first come, first serve basis. Because the County has a significantly higher population base the potential exists for Columbia Heights residents to take advantage of a much larger pool of funds than that which would be made available to the City only. In 1999 our allocation was $529,279. However, 8 loans were processed for a total of $810,584. Additional loans were authorized as funds were made available from other communities that did not use their full allocation. The disadvantage of this approach is that if there is a large demand within Anoka County, and outside Columbia Heights, applicants from those areas could utilize more of the loan allocation prior to Columbia Heights residents being able to access these funds. However, given the strong history of this program in Columbia Heights, staff believes that the advantages are stronger than the potential disadvantages of participating with Anoka County in this application. We have had conversations at a staff level with the City of Fridley HRA which has also agreed to participate with Anoka County. In the past, the Cities of Fridley, Anoka and Columbia Heights have been the only cities applying in Anoka County. I have attached a listing of the properties and funding amounts between 1991 and 1999 for this program. Another change for 2000 will be that these funds can be accessed for new home construction as well as existing homes in the City of Columbia Heights. Anoka County and Columbia Heights have the option to apply separately. RECOMMENDATION: Staffreconunends that the City of Columbia Heights authorize Anoka County to submit an application to the MHFA for the 2000 MCPP Funds. RECOMMENDED MOTION: Move to authorize 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. Attachments: H:\templates\MCPP Application COLrNCIL ACTION: Loan ID 0600750040 0603550111 0603600097 0603600101 0603600085 0603600028 0604400093 0606550088 8 Ln Cmt Amt 88,900.00 I01.600.00 109,UO,.00 99.248.00 115,031.00 1909 MCPF Columbia Heights Company Name Homeside Lending TCF Mortgage Corporation Norwest Mortgage, Inc. Norwest Mortgage, inc. Norwest Mortgage, Inc. 89,954.00 Norwest Mortgage, Inc. 107,924.00 Irwin Mortgage Corporation 98,926.00 Chase Manhattan Mortgage Corporation 810,584.00 PpAddr 3812 Jackson St NL 4438 Washington St NE 3746 3rd St NE 1428 - 1430 42rid Ave. N 1815 391h Ave NE 3839 Van Buren St 4500 Taylor St. NE. 4833 6th St NE 1113/{; Page MINNESOTA HOUSING Minnesota Homes Division 400 Sibley Street, Suite 300 St. Paul, MN 55101-1998 FINANCE The Minnesota City Participation Program (MCPP) · Introduction Letter · Request For Proposal · Program Guidelines Housing Affordability Initiatives Key Advantages of MCPP PROPOSALS ACCEPTED 8:00 AM TUESDAY, FEBRUARY 1 THROUGH 4:30 PM TUESDAY, FEBRUARY 15, 2000 For Further Information Contact: Kimberly Stuart (651) 296-9959 1-800-710-8871 (Toll Free) (651) 297-2361 (TTY) MINNESOT;, HOUSING FINANCE AGENC',' Date: January 3, 2000 TO: From: Minnesota Cities: City and County Housing and Redevelopment Authorities, Port Authorities and ~co.n mic Development Authorities fi" 'mes D,v,s,on Subject: Announcement and Request for Proposal, The Minnesota City Partidpation Program The Minnesota Housing Finance Agency (MHFA) is pleased to announce and request proposals for the 2000 Minnesota City Participation Program (MCPP). The housing poot for mortgage revenue bonds in 2000 is anticipated to be in the range of $37-$45 million. The information contained heroin expends and supplements the "Request for Proposal" and provides program guidelines of the MCPP. The Minnesota City Participation Program Through the MCPP, MHFA sells mortgage revenue bonds on behalf of cries to meet locally identified housing needs. The proceeds of these bonds provide below-market interest rate home mortgage loans for low- and moderate-income first-time homebuyers. The MCPP provides cities throughout the state with a unique opportunity to easily access housing resources to meet the needs of their citizens. Request for Proposals Cities may apply for the Program by completing the enclosed Request for Proposal form. This application format and accompanying documentation has been developed to meet all the cdteda in statute and state administrative rules governing applications for mortgage revenue bond authority to be issued by MHFA on behalf of a city. AJI Minnesota cities, with the exception of those that receive a separate entitlement of bonding authority, are eligible to submit proposals to participate in the MCPP. Under MCPP, a 'city' refers to a city as defined in Minnesota Statutes, Section 462C.02, Subdivision 6. Generally, this includes all cities, city and county housing and redevelopment authorities, port authorities and economic development authorities. Please note cries that choose to apply for allocations and self-issue bonds should use the enclosed application form. In addrion, cities that choose to self issue must ensure that they comply with all requirements given in Minnesota Statutes, Section 462C and Sec~on 474A,061, Subdivision 2a. Applications for MCPP or self-issuance must be submitted to MHFA between 8:00 a.m., February 1, and 4:30 p.m., February 15, 2000. 400 Sib~ey Street. Suite 300. St. Paul Minneso[a 55101 (651) 296-7608 Telecommunlcations Oevrce for the Deaf (TDD)/651) 297-2361 Ecual Opportunity Hous ng and Equal Oopo~lunit7 E 3qployment REQUEST FOR PROPOSAL (RFP) Under the Minnesota Housing Finance Agency (MHFA) 2000 Minnesota City Particioation Program (MCPP) Please complete the following application. Answer all questions. MHFA makes final determinations of the total amount of pmgrarn funds available and individual allotments (in compliance with a per capita distributkDn method specifiec~ in statute). C)irect any questions to Kimbedy Stuart, Minnesota Homes Division at (651) 296-9959 (Metro) or 1-800-710-8871 (Greater MN). MHFA must receive all applications by 4:30 p.m., February 15, 2000, for funding consideration under this program phase. F. iigibie Organization Organization Name Phone # Contact Person Fax # Address Ortainatinq Lenders - Check One Box rn All MHFA contract lenders that participate in the Minnesota Mortgage Program (MMP) rn Only the lenders I've listed on the attached sheet (lenders must appear on the MMP list). Local Need and Economic Viability Statement-Checktheboxto confirm thisstatement rn MCPP helps the community meet an identified housing need by providing below-market financing to first-time homebuyers. In addition, sufficient demand for the allocation exists in the community (the program is economically viable). Program Specifics Statute sets Borrower income Limits and House Pumhase Price Limits - see Program Guidelines n n rn Program Enhancements - Check all that apply The City has a downpayment assistance program (in addNon to HAF). The City has lots avajlable at a reduced cost. Other - Please describe: n Funds Requester_ Maximum allowed by the population formula Other $ if other, check one box below The City will accept a lower amount The City will not accept a lower amount - withdrew the application if not met New Construction in the 7oCounty Twin Cities Metro Area - Statute Iimits new construction in the 7-County Metro Area (Anoka, Carver, Dakota, Hennepin, Rarnsey, Scott, and Washington Counties). If you are located in the 7-County Motto Area, indicate under which options new construction will be allowed in your community. Check all that apply: The City negotiated affordable housing and life cycle housing goals with the Metropolitan Council and the new construction is part of efforts to meet the affordable housing goals. Check the box to confirm the preceding statement, The new construction is located in aqualified redevalopment area. Include a brief description and/or map defining the boundaries of your city'e redevelopment area. The new construction replaces a structurally substandard structure or structures. The new construction will be developed under one or more of the affordability initiatives allowed under administrative rule (see A~tachment 1). Data - MHFA calculates this for the cities it sells bonds on their behalf. Self-issuing Cities must provide along with their completed applications the following information concerning their 1999 allocations as of January 31,2000: Amount allocated Amount of allocation used - dollar amount and pement of allocation ~ on the home purebase price, mortgage amount, income, household size, and race of the households served. Report by individual loan a~d allocation averego. Signatures Provide authorized Signature(s) from the organization submitting this application, including printed or typewritten name, title, and phone number. Signature Name Title Phone NOTE: SEND NO FEE WITH THIS APPLICATION 4 The Minnesota City Participation Program (MCPP) PROGRAM GUIDELINES Through the MCPP, MHFA sells mortgage revenue bonds on behalf of cities to meet locally-identified housing needs. The proceeds of these bonds provide below-market interest rate home mortgage loans for low- and moderate-income first-time homebuyers. The MCPP provides cities throughout the state with a unique opportunity to easily access housing resources to meet the needs of their citizens. (Note: City means any statutory or home rule charter city, count,/housing and redevelopment authority, or any public body which: a) is the housing and redevelopment authority, port authority, or an economic development authority of a city;, and b) is authorized by a statutory or home rule charter city.) I. FUNDS Per statute, MHFA uses a population-based formula to determine each citys maxjmum allocation. The maximum allocation a city receives is its percentage of the housing pool as compared to the total population of all applications received. Cities apply for a specific dollar amount (minimum of $100,000) or request the · maximum allowable' under the population formula, If the individual allocation as determined by the per capita formula falls below a level that the city cites as 'minimum," MHFA contacts the city to verify whether the city would like to cancel its application, IL USAGE TEST · A city must use at least 50% of its 2000 allocation by the pmgram expiration date. Ifthe city uses leas than 50%, its pmgrarn year 2001 allocation is limited to the amount successfully used in 2000. · The usage test also applies to self-issuers. Submission of this application requires these cities to submit Ican odgination d~m to MHFA to confirm compliance with this statutory requirement. IH. PROGRAM TERM The 2000 MCPP program term will run for eight months, Cities ratain the exclusive use of their individual allotments for a six-month pedod, Following the expiration of the six- month period, MHFA collapses all remaining individual allotments into a single, statewide pool avajlable to all participating cities for the remaining program term. IV. PROGRAM REQUIREMENTS MCPP mortgages must meet the requirements of standard mortgage insuring and guaranteeing entities, mortgage industry accepted underwriting standards, and state and federal law govermng mortgages provided through the issuance of mortgage revenue bonds, Borrower household income limits may not exceed 80% of area median income tiered by household size. Currently, these household (HH) limits ate as follows (Note: HUD typ!cally revises these limits in January): 11 -Coum'y Twin Cities Metropolitan Area Rice County $30.750 $35,150 $39,550 Olmsted County $30,600 $34,950 $39,300 All other counties $30,128 $34,432 $38,736 The current statutory house price limits are: If the mortgaged property is located in: 11-Coun Twin Cities Metropolitan Area (Anon. Cawer, ,.-.-.,..,,= .,..,..,.. St Louis County Rice County Nicoliet County Olmsted County Clay County Goodhue County McLeod County Steele County Blue Earth County Benton and Steams Counties Winona County Houston County Balance of State I person 2 person , 3 person ~ 4 person ] 5 person 6 person: 7 person 8 persan tIH ; tIH ' tlH I HH tIH i HH i HH [ HH $33,450 $38,250 $43,000 $47,800 $51,600 $55,450 $59,250 $63,100 $43,900 $47,450 $30,950 $54,450 $57,950 $43,700 $47,150 $50,650 $54,150 $57,650 $43,040 $46,483 $49,926 $53.370 $56,813 New Construction Existing $134,257 $121,842 $131,070 $131,070 $131 070 $131 070 $131070 $131070 $131070 $131070 $131.070 $131,070 $131,070 $131,070 $131,070 $101,811 $101,730 $96,712 $94,034 $91,168 $90,373 $90,132 $88,193 $83,251 $82,975 $82,946 $73,100 $77,540 6 MCPP funds may only be used to finance properties located within the jurisdictional limits of participating city or count.'- NEW CONSTRUCTION · Participants must meet one of the following conditions for new construction in the seven-county Twin Cities metropolitan area under MCPP: The City negotiated affordable housing and life cycle goals with the Metropolitan Council and the new construction is part of efforts to meet those goals. The new housing is located in a mdevelopment area where at least 25% of the buildings are substandard. 3. The new housing replaces a substandard structure. The new housing is part of a housing affordal~ility initiative, meeting one or more of the criteda listed in Attachment 1. (For self issuers, please note: If your city is located in the seven-county Twin Cities metropolitan area, the above new construction restrictions do not apply to loans closed ten months after your program start date). Statewide - cities may not provide set-aside or commitments for the exclusive use of builders or developers except for housing affordability initiatives as specified in Attachment 1. VI. HAF MHFA offers participating MCPP cities access to MHFA's Homeownership Assistance Fund (HAF), an interest-free, graduated payment second mortgage loan. HAF provides lower income first-time homebuyers with downpayment/closing cost assistance of up to $3,000 and monthly payment assistance of up to $60. VII. PROGRAM ADMINISTRATION · Pafficipating lenders originate home mortgage loans which MHFA buys in accordance with the MHFA Mortgage Program Procedural Manual. If a city commits additional resources or subsidies in conjunction with MCPP, a layer of guidelines may be added as required by the source of the subsidy. INDIVIDUAL CITIES ARE RESPONSIBLE FOR THE DEFINITION AND ENFORCEMENT OF THESE ADDED GUIDELINES. The Minnesota Department of Finance charges a processing fee of $20 for each $100,000 allotment provided and a 1% refundable deposit. For cities participating in MCPP, this is due with the executed MCPP contract returned by each city before the bonds are sold. DO NOT SEND A CHECK BACK WITH YOUR COMPLETED RFP; WE WILL NOTIFY YOU WHEN TO FORWARD YOUR FEE. · Once cities select and identify participating lenders in the MCPP application, no additional lenders may be added for the balance of the program term, 7 MHFA provides marketing support in the form of brochures, press releases and a shared marketing cosz prograrr APPLICATION PROCESS ~.~,. 1. Following the application deadline, MHFA reviews all submitted applications. 2. MHFA applies the percapita allocation formula, as specified in statute, to determine the allocation plan. MHFA completes a mailing notifying cities of allotment amounts, and provides a formal request for fees. (DO NOT SEND A CHECK BACK WITH YOUR COMPLETED RFP). For those cities participating in MCPP, the mailing also includes two (2) contracts which must be signed and returned. Cities participating in MCPP must execute and return the contract along with the processing fee (see Part VII. Program Administration) and a 1% application deposit. MHFA fully refunds the 1% application deposit approximately one month after the closing of the bond sale. 5. Please note that upon notification of allotment, self-issuing cities must send all fees directly to the Department of Finance at the following address: Lee B. Mehrkens Minnesota Department of Finance Cash and Debt Management DMsion 400 Centennial Building 658 Cedar Street St. Paul, MN 55155 Attachmet. HOUSING AFFORDABiLITY INITIATIVES Unc~er Aclministrative Rules governing issuance of mortgage revenue bonds, a 'housing affordability initiative" must meet one or more of the following cdteda: The new construction program is accepted and or designated under the United States Department of Housing and Urban Development (HUD) Affordable Housing Program or any successor program sponsored by HUD to encourage affordable, newly constructed housing. The program provides that finandal resources, other than those necessary to complete the mortgage revenue bond sale, are applied to reduce the cost of the housing or improve the teffns of the mortgage loans provided. A contrib~on greater than, or equal to, five percent of the purchase pdce of each newly constructed home to be financed with mortgage revenue bond proceeds must be provided. Such contributions may be provided either in whole, or in part, fmrn federal, state, or local government resources or programs, private foundations, or the Federal Housing Finance Board. The applicable IocaJ government must .take steps to relax regulations for newly constructed homes that result in greater housing affordability. These steps must reduce the cost of the housing by at least five percent. The program supports the efforts of housing groups that support self-help and/or owner built housing initiatives in which at least 15 percent of the labor and/or materials needed to complete the construction of each house is acquired or donated through the efforts of such groups. Housing is constructed by a nonprofit entity (as defined in Minnesota Rules Part 4900.0100, subpart 21). The nonprofit must have the development of affordable housing as its pdmary mission. The new housing is located on a parcel purchased by the city or conveyed to the city under section 282.01, Subdivision 1 (tax-forfeited lands). Attachment 2 KEY ADVANTAGES OF THE MINNESOTA CITY PARTICIPATION PROGRAM Bond Advantages of MCPP Participation MHFA has historically obtained the lowest available bond interest rats in Minnesota, which allows cities to pass the lowest interest rate on to their borrowers. MHFA absorbs all program underwriting costs and dsks of bond issuance. Costs to participa~ng cities are limited to a Department of Rnance processing fee (charged to both MCPP participants and self issuers) of $20 for each $100,000 in allornent. MHFA often reacts to a falling interest rate market by lowering program rates further during the program term due to the volume of its mortgage revenue bond activity and/or remarketing provisions in its bond resolution. Loan Advantages of MCPP Participation · Commitment of city staff time is primarily limited to completing the application, administra~on of any city added targeting or enhancements, and monitoring fund usage. · MHFA's Homeownership Assistance Fund (HAF) is available with MCPP mortgage funds. HAF provides down ayment/closing cost assistance of up to $3,000 and monthly payment assistance of up to f~0. HAF cannot be used with self-issued city bond programs. · Historically, house pdce and household income limits under the MCPP are higher than other MHFA programs. · MHFA provides rnarketjng support for each city, including brochures, posters, ad layouts, and local and statewide press releases. · MHFA absorbs all lender compensation costs. · Parddpating lenders net 2-1/2 points for each loan closed and sold to MHFA under the MCPP (1/2 point higher than MHFA's Minnesota Mortgage Program). · The program requires 1-1/2 discount points charged to the home seller, for both existing housing and new constTuction under the MCPP (compared to 2 and 2-1/2 points under the Minnesota Mortgage Program). l0 MINNESO' HOUSING FINANCE AGF_,;- CY JanuaW 19,2000 ~ li,, 204~4'lONlir DEVELOpME. iV7 Mr. Kenneth Anderson 590 40th Avenue NE Columbia Heights, MN 55421 Dear KeN, I enjoyed meeting with you to discuss Columbia Heights' participation in the Minnesota City Participation Program (MCPP). I enclosed the information you requested. PIease contact me with any questions or to request additional information. Sincerel/y Kimberly Stuart Program Coordinator KS:ch Enclosures 400 Sibley Street, Suite 300. St. Paul. Minnesota 55101 (651) 296-7608 Telecommun~cations Device for the Oeaf (TDD) (651) 297-2361 Ec~uaJ Oppor~unKy Housing and Equal Opportunib/Employment Pg 155 165 169 179 191 201 213 Loan 018790008b 0187900080 0000104450 0184930053 0184930052 0184930054 0184930054 0187900133 0187900125 0187900122 0187900122 0184930055 0184930055 0184930055 0000105060 0000105219 0184930054 0184930054 0184930055 0184930055 0187900124 0207900095 0207900092 0207900082 0207900087 0207900081 0000105731 0207900079 0207900045 0207900071 0207900079 0227900028 0227900028 0000105822 0227900024 0227900034 0227900018 0227900041 0227900038 0227900039 0237900048 0247900063 0245780017 0245780020 0247900036 0247900066 0247900077 0267900055 0267900055 0267900052 0267900024 0267900051 Loan Amt $57.090 $69,592 $55,896 $64,450 $73,500 $72.650 $63,850 $84,285 $63,660 $70,895 $77,850 $72,950 $62,000 $58,050 $58,500 $68.500 $64,500 $49,0~0 $47,550 $56,100 $67,885 $76,477 $58,710 $69,731 $59,122 $61.182 $50,058 $50,400 $46.087 $85,271 $52.633 $60,409 $72,748 $85,541 $40,400 $70,400 $57,680 $73,954 $68,443 $71,482 $70,349 $30,000 $70,000 $67,413 $82,097 $63,396 $70,143 $72,393 $77,454 $80,546 $63,345 S79,857 Columbia HeiE! 1991499, Lender Name Norwest Mortgage. Norwest Mortgage, Norwest Mortgage, Marquette Bank Marquette Ban/i Marquette Bank Marquette Bank Norwest Mortgage, Norwest Mortgage, Norwest Mortgage, Norwest Mortgage. Marquette Bank Marquette Bank Marquette Bank Marquette Bank Marquette Bank Marquette Bank Marquette BarAc Marquette Bank Marquette Bank Norwest Mortgage. Norwest Mortgage, Norwest Mortgage, Norwest Mortgage, Norwest Mortgage. Norwest Mortgage, Norwest Mortgage. Norwest Mortgage. Norwest Mortgage. Norwest Mortgage. Norwest Mortgage, Norwest Mortgage, FBS Mortgage FBS Mortgage FBS Mortgage FBS Mortgage Norwest Mortgage. FBS Mortgage EElS Mortgage FBS Mortgage Norwest Mortgage. Norwest Mortgage, EElS Mortgage Cot FBS Mortgage Cor Marquette Bank. N Marquette Bank. N Marquette Bank. N Norwest Mortgage, Marquette Bank. N FBS Mortgage Nonvest Mortgage. Marquette Bank. N Lender City Minneapolis Mitrecapons Minneapolis New Elope New Hope New Hope New Hope Minneapolis Minneapolis Minneapolis Minneapolis New Hope New Hope New Hope New Hope New Hope New Hope New Hope New Hope New Ho ~ Minnea ~olis Minnea ~olis Minnea ~olis Minnea ~olis Minnea ~olis Minnea ~olis Mitmea ~olis Minnea lolls Minnea ~olis Minnea ~diis Minnea lolls Minnea ~olis Minnea ~olis Minxtea ~olis Minnea ~olis Minnea ~olis Minnea >oils Mirmea ~olis Minnea ~olis Minnea ~olis Minnea ~otis Minnea ~olis Minnea ~olis Minnea ~olis Brooklyn Cen Brooklyn Cen Brooklyn Cen Minneapolis Brooklyn Cen Minneapolis Minneapolis Brookdyn Cen Page Propert)~ Dat~ Address Reservet, 4171 Maureen Dr NE 07/26/9 i 51 I2 7th St Nqi 07/I 5/9l 4156 Jefferson St NE 07/10/91 4149 Polk St NE 08/07/91 1306 45th Av NE 07/19/91 4301 Ro:,'c~ St 09110191 3838 Tyler 09118191 4529 Washin~on St 05/14/92 4409 7th St NE 04/02192 3806 Polk St 03/25/92 5216 7th St E 03/23/92 1031 441h Av NE 05/05/92 4526 Polk St NE 04108/92 4013 4th St ~xrE 05/05/92 1651 371h Av NE 03/18192 3816-18 3rd St NE 05126/92 4332 7th ST E 02/19192 4551 7th StNE 02/20192 ~AO0 2nd St NE 04/06/92 3939 Van Buren St N 05/29/92 3724 2nd St NE 04/01/92 4826 Madison St NE 11/25/92 4413 Quincy St NE 11110/92 4119 Tyler St NE 09118/92 4910 Jefferson St NE 10/19/92 3941 Main St 09/09/92 1211 441h Av NE 1 I106192 4130 3rd St NE #104 08/19/92 4129 Madison St NE 06/25/92 1910 Fairway Dr 07/15/92 1270 461h Av NE 08/19/92 I012 451h Av NE 01/25/93 4217 5th St NE 01/25/93 37I 1 Pierce St NE 12/24/92 4041 Maureen Dr #I 01/19/93 4525 University Av 02/04/93 3845 Hayes St NE 12/23/92 4774 Heights Dr 07223/93 3918 Van Buren St N 02/16193 3940 Arthur St iCE 02/18/93 4218 Jefferson St NE 03/24/93 4239 Washin~on St 12/I0/93 4113 Monroe St NE 10/20/93 3858 Polk St NE 01/06194 4209 Jefferson St NE 10/05/93 1027 Gould Av 12/17/93 4126 Washington St 01/25/94 4526 Tyler Street NE 03/I 7/94 1.1.1,16th St NE 03116/94 1814 40th Av N'E 03/14/94 4304 3rd St ~ 0 l/31/94 4426 Washignton St 03/14194 I/19/0 Pg ld 213 0267900052 223 0297900081 0297900078 0295780028 0297900063 0297900070 0297900081 0297900066 0297900041 0297900056 0297900079 0297900069 0297900072 237 0317900087 0317900075 239 0327900059 0327900027 0327900035 0327900057 0000107290 0325780016 0325780020 0327900033 0327900059 0327900062 0327900058 243 0337900044 0335780016 260 0397900104 0397900083 0397900069 0397900100 0397900067 0397900072 0397900039 0397900104 0397900064 308 0427900057 0422350003 0423550007 0427900048 0424250030 0423900027 411 0433600015 416 0447900023 0447900023 429 0470750000 6477900066 0477900064 0477900065 0477900065 473 0900750022 Loan ID Loan Am! $78,937 $50,900 $69,427 $75,818 $81,800 $72,955 $71.830 $77.607 $73,415 $75,850 $75,369 $69,836 $74,438 $55,828 $45,399 $57,924 $74,100 $82,280 $51,943 $65,440 $58,947 $79,090 $79,141 $67,945 $90,780 $61,963 $81,953 $78,630 S58,742 $66,750 $39,366 $73,926 $55,777 $72,955 $55,470 $64,826 $90,184 $55,900 $91,718 $72.a.44 $56.953 $73,415 $76,329 $79.959 $66,820 $66,800 $92,800 $70,961 $84,407 $47.801 569.785 $86.000 Columbia Heighta 1991-19o,' Lender Nan,,. Marquette Bank, N Norwest Mortgage, Norwest Mortgage, FBS Mortga~; FB S Mortgage FBS Mortgage FBS Mortgage Marquette Bank, N Marquette Bank, N Marquette Bank, N Marquette Bank, N Norwest Mortgage, Norwest Mortgage, Norwest Mortgage, Norwest Mortgage, Norwest Mortgage, Norwest Mortgage, Marquette Bank FBS Mortgage FBS Mortgage FBS Mortgage Cot FBS Mortgage Cot FBS Mortgage FBS Mortgage FBS Mortgage Irwin Mortgage Cor FBS Mortgage FBS Mortgage Cot Norwest Mortgage, Norwest Mortgage, Irwin Mortgage Cor Irwin Mortgage Cor FBS Mortgage Cot Chase Manhattan FBS Mortgage Car FBS Mortgage Cor Norwest Mortgage, Homeside Lending Firstar Home Mortg TCF Mortgage Cor Irwin Mortgage Cot First Mortgage Fina K~utson Mortgage Norwest Mortgage. Irwin Mortgage Cor Irwin Mortgage Cor Homeside Lending Chase Manhattan Residential Mortga Chase Manhattan Irwin Mortgage Cot Homeside Lending Lender Cit} Brooklyn Cen Minneapolis Minneapolis MInneapolis Minneapolis Minneapolis Minneapolis Brooklyn Cen Brooklyn Cen Brooklyn Cen Brooklyn Cen Minneapolis Minneapolis Mirmeapolis Minneapolis Minneapolis Minneapolis New Hope Minneapolis Minneapolis Minneapolis Minneapolis Minneapolis Minneapolis Minneapolis Indianapolis Minneapolis Minneapolis Minneapolis Minneapolis Indianapolis Indianapolis Minneapolis Mortroe Minneapolis Minneapolis Minneapolis Minneapolis Bloomington Minneapolis Indianapolis Eden Prairie Bloomington Minneapolis Indianapolis Indianapolis Minneapolis Monroe Saint Louis Pa Monroe Indianapolis Minneapolis Page 2 Property Date Addre.s~. ReservcC 4747 Heights Dr. NE 03/14/94 3816 Main St NE 05/12/9- 4320 7th St NE u,~uoty., 5028 4th St NE 05/13/~-- 4618 Jefferson St NE 04/I3/94 4449 Madison St NE 04/25/94 4136 Washin~on St 05113194 4344 Madison St NE 04/18/94 5006 Madison St NE 03/25/94 4105 6th St NE 04104194 3801 Main St NE 05/09/94 4420 Washington St 04/21/94 4232 7th St NE 04/27/94 4431 NE 7th St 11/21/94 4704 6th St NE 08/16194 3720 Tyler St NE 10/03/94 4724 5th St NE 08/26/94 1419 39th Av life 09102/94 4244 Madison St NE 09/28/94 727 NE 381h Av 10/04/94 4002 41~ st NE 08/31/94 4120 Washington St 09/26/94 2127 Fareway Dr NE 08/30/94 3923 Jackson St NE 10/04/94 4657 - 4659 NE 5th 10107194 4553 5th St NE 10/03/94 2201 Highland PI life 11/2.2/94 4203 Reservoir BIrd 11/30/94 3841 Van Bnren St N 01/16196 4338 Monroe St NE 09/13/95 3914 Main St NE 08/22/95 503 Mill St NE 11/09/95 3839 2rid St NE 08/21/95 4000 2nd St NE 08~24~95 4421 Main St NE 08102/95 3910 Main St NE l 1/28/95 4426 McLeod St 08/15/95 3804 Mare St NE 04119/96 633 - 635 51st Av 04/18/96 4417 2nd St NE 04/18/96 4533 Madison St NE 04/18/96 4124 7th St NE 04/24/96 720 381h Av bYE 04/19/96 5042 4th St NE 06/03/96 4349 4th St NE 08/15/96 4440 Authur PINE 08/15/96 3705 2nd St NE 04/17/97 4716 5th St NE 04/I7/97 5136 4th St. NE 04/I7/97 3838 Van Buren St N 04/17/97 4445 Van Bnren St N 04/17/97 4421 NE 3rd St 05/06/98 Ill 9/0 ld 473 474 522 Loan ID 0900750()0~ 0907320032 090440002~ 0580750053 0583600001 0580750002 0584400009 0600750040 0603550111 0603600097 0606550088 0604400093 0603600101 0603600085 0603600028 119 Loan Amt $81,85~ $91,820 $89,826 ~82,05n $70,925 $66,050 $91,309 $88,900 $101,600 $109.001 $98,926 $107,924 $99.24~ $115,031 $89,954 $8,431,621 199i-1999 Leaner Lender Name City Homeside Lending Minneapolis Summit Mortgage Minnetonka Irwin Mortgage Cot Indianapolis Homeside Lending Minneapolis Norwest Mortgage, Minneapolis Homeside Lending Minneapolis Irwin Mortgage Cot Indianapolis Homeside Lending Minneapolis TCF Mortgage Cot Minneapolis Norwest Mortgage, Minneapolis Chase Manhattan Monroe [twin Mortgage Cor Indianapolis Norwest Mortgage, Minneapolis Norwest Mortgage, Minneapolis Norwest Mortgage, Minneapolis Property Date Address Reserved 3725 Van Buren St N 04/2(1: 4825 Upland Crst Ea 0 4633 lefferson St NE 05/08/98 2109 Highland PI 10/29/9g 4440 lefferson St NE 06/23198 4320 NE Madison St 06124198 4500 4ill St ~ 07130198 3812 Jack. son St N]E 06/21/99 4438 Washin~on St 12/28/99 3746 3rd St NE 10/25/99 4833 6th St NE 09/15199 4500 Taylor St. NE. 10/04/99 1428-143042ndAv 11/10/99 1815 391h Ave ~ 09/02799 3839 Van Buren St 06/11/99 Page 3 CITY COUNCIL LETTER Meeting of: February 14, 2000 AGENDA SECTION: NO: ITEM: LicenSe Agenda NO: ORIGINATING DEPT.: ~ CITY MANAGER License Department APPROVAL BY: Kathryn Pepin ~ DATE: / DATE: February 10, 2000 BY: BACKGROUND AI~ALYSIS Attached is the business license agenda for the February 14, 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 the On Sale of Wine with Sunday Sales for the Udupi Restaurant located at 5060 Central Avenue. The wine license includes the sale of 3.2 beer only. At the top of the license agenda you will notice a phrase stating ~*Signed Waiver Form Accompanied Applicationu. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for February 14, 2000. COUNCIL ACTION: TO CITY COUNCIL February 14, 2000 *Signed Waiver Form Accompanied Application 2000 BUSINESS LICENSE AGENDA APPROVED BY BUILDING OFFICIAL CONTRACTORS *A-1 Rootmaster AWD Coolers of Mn. *Draintiling, Inc.*Bill FignarPlumbing Lindman Plumbing *Miers Construction K.M. Nelson Stucco Northland Mechanical Cont. *Larry Olson Plumbing*Omni Contracting, Inc. P & D Mechanical *Peterson Stucco*Schreiber Muganey Const. Signcrafters *Steinkraus Plumbing*Suburban Propane*Tim's Quality Plumbing ADDRESS 7041 - 6th St. N. 2415 Annapolis Ln. N. 2095 E. Larpenteur Ave. 2844 Johnson St. N.E. 12000- 53'd Ave. N. 20751 Xavis St. N.W. 18663 Simonet Dr. 2900 Nevada Ave. N. 3232 Warner Lane 7000 Oxford St. 4629- 41" Ave. N. 12351 Cloud Dr. 1286 Hudson Rd. 7775 Main St. N.E. 1800 Lake Lucy Rd. 1430 Old Hwy. 8 P.O. Box 292 FEES 950.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Police Dept., Bldg/Fire ON SALE WINE WITH SUNDAY SALES *Mylappan Nagappan d/bla Udupi Caf~ 5060 Central Ave. 2200.00 BRC F:'IhlANCIAL. ,SYcc~TE:M 02/:1..1./2000 :i. 0'.'29,",03 F:'UND F;~E:CAF': F:'UND ]DIES[Z;RIPTION 10 .1. 20 .1. 202 203 204 205 212 2:t. 3 225 235 240 265 270 276 382 ~8~ ~87 405 41 :L 415 43.1. 601 602 604 609 652 701 7:L0 720 880 884 886 C'.~E:I;IE:RAL. C. OrdMUNITY DEVI.::L.C)F'ME:I'JT FUND ANC)KA COUNTY F:'AF;fi<V:EE::W 'v lL. L.A N(]F;Ef'H I~E:C..ONC)M:I:C DE:VE:I._C)F:'MEENT AUTH SECT':[ON 8 STATE AID MAINTli~:I'-IANCE F:'AF;~KV:[EW V:[L.L..A ,30UTH CABL. E: TEL. E:V :1:,<3:1: ON F;ZI!EI,-ITAI.. HOLJSiNC~ I_. :1: BRARY COI-IF':E,3C;ATE:D/F:'CiRF:'E:ETED F'RC)F:' DARE F'F;:C)Jlii:C:T I_.OC, ALL. AW IENF'OI~CIE ]BL.K GR~I,.IT 'f'AX :['N(:;R C~F:' AF:'PF;,'E:C OF 1.990 TAX :I:N{:;I~EMIEI-4T I;:E:F:IJNDII-.IG .t. 99.1. G ,, (:.1, I MI::'F~C)VMIE:NT BOND 199':~A DOWI'I'I'I[)WI'I Mr.~]:NTIEENANI::~I?: CAF:'ITAL :I:MP""GEN C')OVT. BL. DG CAF'ITAL, ]:MF'F'ZOVE:MliENT - F:':I:I'~ CAP EQUIP F;-:EF:'L..ACE:""GE:NE:F::AI... WATI:':F;: IJ'I':I:I...ITY ,SEWE:I:~ UTIL. ITY STORM SEWER IJT:EL:[T'Y I._ :1: QUC)F;~ WATIER CONSTRUCT':[C)N F:'LJND · <3E:WE]:~ (::C)NSTF;,'LJ(:ZT'IOI'-I I::'UI~ID CENTF,'AL. GARAGE E:NE:RC~Y MANAGE:P[E:IfT' DAT'A F'RC)CESSING PE:RMIT ,SUF~CHAF;,'GE :[ N,SI. JRANCIE ESC:RC)W :I:NVL:.':STMlii:IfF TF~:U,ST F'L.E:X BEi:!'llii:l::']:T TF-:UST F'UND 'T'CYFAL. ALl.. F:'IJNDS BAI'.IK F;:!i~:CAI::': BANK I"IAMli~: LI-A -I 3 Check H:Ls'l:c~ry D I SBLJI:~SE:MI~:I*'I'T'S 94,328.83 1.0,905,.65 40 ,. 85 .1.9, .1.86.95 .1., .1. 03.88 4.1. ~ 950.34 4,784.48 9,776.02 122.15 842.23 8,784.43 267 .. 30 92.53 80.37 750.00 750.00 25,23.1..89 ~., 22:1. ,. 86 75,752..1.:1. :L 11.86 22,535.40 86,623.64 60,988.73 26,227 ,. 82 290,743.06 14.88 3,029..1. 9 11,696.22 13,082., 45 1., 89:1.. 44 .1. 05.82 30,9:L9.00 435,380.66 220,000.00 I, 545.28 500,867 .. 32 D I SBLJRSE:ME:I'I'T'S BRC I::'IblANCIAI_ ,SYSTE]M 02/.1. ]./2000 10:29:03 Checl< I-~istory BANK I::,'ECAF":~ BAI',IK NAME BANI( CHECKING AC:CC)t. JNT TOTAL ~1...I... B~NKS DI,SBURSEMEIfTS I , 500,867.32 :1. , 500,867 ,. 32 BF;,'[:: F:INANCIAL. ,c.~YSTE:M C,~I'TY C)F' COLUMB:I:A F'llii::[(3F'l'l[',~i~ 02/11/2OOO 10 Check History GI..540F;~-V06.00 F:'AC')Iii: :!. 2/:1.4/OO COUI,ICIL. BANK VENDOR CHliECK NUMBER AMC)UI,IT BANI< CFIIE:CK:I:I~IG ACCOUNT NC}RTHEAST ,S'I'A'T'IEi: BAI,II< I!E:AGL, lii: I,,J:l:l,lli~ [:OMF:'ANY GI:::IGGS-COOI::'ER & CO !"IC)NE:YWlii:I...I_ ]:NC,~ JCJHNSC)N BI:~OS.. LIQUOR CC). F:'I:~]:C)I:~ DJ:I:NE QUAL. ITY W:I:NE & SF'IRITS AAI:~:!::' A:I:I:~ TOLJCH CEZL. L. UL. AR AI...13~:XC)N/DANA AI'.IC)KA CC)UNTY CFIIIE:I::'S Of:' F:' A'r & 'r BEi.,,L.BOY B~R SUF'I::'LY BI~ZI...I._BC)Y CORF'OR~TIC)N CEI'ITRAL. CC)URTS CC)I..UMB:[A HGTS""F'R:I:DI...EY I<I DE:I_TA I)ENTAL D :1: ETZ/VAI_ I::' :1: SCHE:I:~/TE:D F:'I:~IDI_.EY-COI..UMB:EA HE:I:GHTS GOI:~MAN/GARY JOHI~SON BROS. LIQUOR CO. I< O L.. O D Z I E N S I< I / I... U C I I_ I... E L. OF~MAIq EDUCATION SEI~VICI~: MED:[CtNE I...AKI~3: TC)URS MENARDS CASHWAY I...UMBEF~-F= MI~:TI:~C) I"II:~A MIE:TROCAL. L "" ATT I~E:SSAGIIq M :1: NhlE:(3ASC M:I:IqNI~:SOTA COACHI~[S MN I)EPARTMI~E:IfT' OF RE:VE:NUE MIq REC & F:'I< ASSOC I~1:~1::' N S P F:'ETI~:F~S F:'I._ACE INVESTI~I~[If~S H~:T'Y'Y CASH .... GRE:GORY GAG HE:TTY CASH "' KARE:N MOE:L.L. H"t]:L.I...IPS WINE & SF:'IRTS QUAI,..ITY WINE & SF'IRITS F~AF'tT PRINTING .... FRIDL,IE:Y F~OGE:I~/JOHN 'rHOMPSC)N/CHAF~I... I E U S WEST COMMUNICATIC)I'IS UIq:I:VERS:I:TY OFr MII~INE:SOTA VAUGHN/STEVIE:N W:I:NE CC)MPAhlY/I'HI~: AI::'F=IN:I:TY H..US FrlEDIE~:I~AI... CR AF:'SCME: 83839 220,000.00 8384:L 3, :1. :1.3.27 83842 I ~ 443.86 83843 777.9:1. 83844 597.54 83845 958 ,. 22 83846 274.33 83847 320.00 83848 11:1.. 46 83849 50.92 83850 20 ,, 00 83851 454.57 83852 341 .. 60 83853 8,234 .. 69 83854 261 .. 73 83855 158 ,, 97 83856 194.75 83857 8 ,, 53 83858 24.35 83859 158.97 83860 7.50 83861 155.80 83862 74 ,, 00 83863 229.00 83864 I, 198.50 83865 0 ,, 00 83866 747.90 83867 377.70 83868 321.79 83869 373.25 83870 366.00 83871 81 :~.. 00 83872 :L 2,320.35 83873 435.00 83874 13.85 83875 94.65 83876 4,309.65 83877 3 ~ 576. :L4 83878 60.39 83879 12 ,, 41 83880 831.24 8388:l. 3. 708.32 83882 60.00 83883 25 ,, 59 83884 60 ,. 00 83886 350.00 83887 951.75 BRC F~IN~IqCI~L. SY,STEM CI'IFY OF COLLJI~BIA I"IEIGI'~I'S 02/11/2000 10 Check History G1...5~01:::-~06,00 P~GE 2 2/:1.4/00 CC)UNC:I:t... BAi',II< VliiZND[.IF;: [Z;Hli!:CI< NLJMBER AM[:]UNT BAI,IK [:,'l"llii:(:;l<:l:l,l[]~ A[:;COI..JI,IT DEI_'TA DENI'AL. F:']]~S'r [:;[]I~'IMI. JNITY [Z;I:;~I.'-.]C)I'i* I.J ICMA RE:TII:;,'IiiZMEZN'T TF;j,,JSI' 45 MII'-!NIES[:]T~ N[]F:'EEI:~S MIq CHILD SLJPF'IE)RT PAYMENT N S F' I,IORWE:~,iH' BANK F:'AYRC]L..L A [:]1~,'[:;I"1~1:~:]~) 'FI~IJ-~]T COMF:'~NY F:'EF~A ]C)l~;l:":[l~llii:]C) C'[:)I,II"F~:IBLJT F:'ERA F:'[]I_.I[Z;E REL. IIEF CONSO H:~:LJDI!!:NT'IAI... I...II::li~C INSUFL:~I'IC F~AMSDEL..I... SCHOL.~RSFIIF' F:'UN S[:,'OT'T/Vli~]:~:I,IOI'I STANI)ARD I!,I,SLJF~NCE [;C]MP~ UNIC]I'I 49 UI,!ITE:D WAY N[:]RTI'~E:A,ST STATE: B~I'IK I,I[:)R1'FII~i:~ST STAI'Iii: B~NK AISLE F'I~:OF'ERTY MAI,I~Gli~]'Ilii],IT AC'CAP ~NDE~F~SON/ROL. AN E AF:'A[:Z:FIE VIL.I...A[:-)E: AF:'I'-C,XZ]N,c:~O B~i...L..ENTINE/BR~JCI~: G BI!!ZRG F:'ROF'EF;:1'Ili~:S BEF~[3/I_O I S BL..~FIN I I</V~t'ICE: BC]Ii~:TTCHEI~/L..ARRY CAD I E:LJX/ROt,IAL..D CH I CH I I...DS/I...ORA I NE: CHI:~I I S 'T'E-]NSEN/R I CHAR D [:;I::,'IEST VIEW LLJTHEi:R~N FI[Z]Mli~: D~!... -~i~E: 'rH/MAI~: ]: L..YN D I ZD~RE:V I C/M I DUC KWOI~ TH/G :E NGI~:R IZ[]GE:/JAMI~i:S F:'EiZI,II~IE/AVIEI~:Y F' I N D E L.. L.. / D [:]lq A L. D F'L..C]D:[N/MAI~:V]ZN GF;:OMETI</TFIOMAS HAN,SEiZN/I.-7. DWZ[Iq & D[Z)I:L:[Z]'T'I..IY HANSC]N/CL..AF~:IEN[:Z:Iii: HANS[Z]N/DL'-:NIq I I..IINEiZS/C~[]F;,'D[Z]N E HO]:UM/VIEF~I~I[:]I,I JONE,t'-]/DOLJGI...AS 83888 3,483 .. 05 83889 i , 830 .. 00 83890 14., 778.10 83891 318 ,, 00 83892 747.15 83893 3 .. 08 83894 142,253.22 83895 9,147.50 83896 24 ~, 494.22 83897 90.00 83898 382., 45 83899 527.30 83900 42.25 83901 45.00 83902 849.20 83903 609.00 83904 47.00 83905 57 :~ 298.13 83906 25,231.89 83911 156 ,, 00 83912 3,830 .. 00 83913 265 .. 00 83914 516 ,, 00 839:1. 5 47 :L., 00 83916 954.00 83917 0 ,. 00 83918 0 .. 00 83919 I , 328., 00 83920 305 .. 00 83921 308 ,. 00 83922. 185 ,, 00 83923 630., 00 8392.4 163.00 83925 847 .. 00 83926 332 .. 00 83927 661.00 83928 442 .. 00 83929 650 .. 00 83930 740.00 83931 184 .. 00 83932 552. O0 83933 362 ,. 00 83934 440.00 8Z:~935 295 .. 00 83936 646 ,. 00 83937 267 .. 00 83938 24.00 BF;-'[; FrlNAIqCIAL_ SYSTI~]'I CITY OF COL,UMBIA I"tI~[IGHT-<~ 02/:1.1/2000 :1.0 Check History [~1...5401:~-V06.00 PAGE: 3 2/14/00 [:OUI~!CII... BAIqI< VIEE:NI)OF;: [:HECK NUMBE:R AMOLJlfT' BANK CHIE!:CK:I:NI::.) ACCCIUNT KHAN/MUJ'FABA KI..IEE::I:NMAN REAI_TY (]0 I<OS"rEF;:/I<I!ENNETH I<OW~I...ZE t</H~I~VEY I_.~NGE/DAVE & I<~TI..IY I...AF~SON/DANIEI... W !...~SI<Y/D~VID LIE: bJ :l: S/I~R K I...UDEMAN/IV~N D MCI~LJTT/I~I~Y JO MDC 2000 MIDWES'F MANAGEI~IE:NT""CONSO MODEL.I.../F:'~LJL. N I ZI'I I K/K ATH ]: ~NNE NOVAK/THIE:[)D[)RE & NANCY F:'IZ~I~SON/KEN F'tE~:I:~RY/C I I',IDY F:'IEE:TIE:F~S F:'I...~CEE INVIE:STNIE:NTS P :l: NG/L.ULJ R I I::'~ I/M~HMOUND SATHRE:/~I...ICZ~ M S~TI"!RI~:/L..I_OYD H S I"l 0 K E I R / M [)I"1 ~ M IE: D S I~1... :l: C I<Y/J~MES ST~UCH/L..E:I...~ND S~AI'ISON/BR~DL. EY J 'T'HOMPS[)N/OE:R[)ME: K TO~I~IHOUSI~:'"'~F'T M~N~GEMEN'T' 'T'Fk:I:SI<[)/FRANK UTKE F:'I:~[)F:'ERTY M~N~GEI~ENT VAI...T t IE:I:~I:~IEEZ/M~R I 0 VAN BI...~F~:I:C[}N/ST~NI...IE:Y ~KEM~N/I...~I:;:RY GE:NE: YOUN[~I~IEE:N/D~WI~ Z :1: C I<ERM~I'II'I/L..OR I Z :1: C I<EI~M~NN/WAI...TER BE:L_L. BOY B~R SUPPL. Y BIE:LI...B[}Y COF~F:'OI:~ATIOIq F:'I...AHEI:~TYS H~PF'Y TYME: COM GF~:I:G[~S""C[}OF'IZF~ & CO M :1: NNE[';~SCO ~CCAF:' ADVANCED DIGITAL. SOLLJTI[) A:I:F~ 'T'OLK::I't CEI_I...LJL.AF~ AI...E:XON/D~N~ AI~IDIE:I~SON/KI~NNIEETH I:~ BF~ADL..EY RE~I._ EST~TE:S INC 83939 528 ,, 00 83940 :L 33., 00 83941 66 ,, 00 83942 i , 655.00 83943 564.00 83944 228 ,, 00 83945 322.00 83946 489.00 83947 804.00 83948 305.00 83949 572.00 83950 438.00 8395:L 2,476.00 83952 23.00 83953 582.00 83954 624 ,. 00 83955 43.00 83956 4,344.00 83957 :1.46 ,. 00 83958 515., 00 83959 458.00 83960 418.00 83961 449.00 83962 252.00 83963 I , 832 ,, 00 83964 740 ,, 00 83965 41:1.. 00 83966 :1., 402 ,, 00 83967 294 ,, 00 83968 724 ,, 00 83969 :1.40.00 83970 :L, 0:1.6 ,. 00 83971 234.00 83972 311 ,. 00 83973 48 ,, 00 83974 500 ,, 00 83976 454., 70 83977 4,382 ,, 52 83978 707 ,, 20 83979 15,877 ,, 95 83980 :1. 2 ~ 023 ,, 99 83981 35 ,, 00 83982 :l. 22.15 83983 90 ,, 54 83984 39 ,, 00 83985 672.38 83986 1 :l., 198 ,, 75 BF::C' FrlNANCIAL. 8YSTEM CITY OF C(3LUMBIA I"IEEIGHT!~ 02/11/2000 10 Check History GL. 540F::-V06.00 F:'AGIE 4 2/14/00 COUI~CII_ B A N K V E: N D 0 [;HEC~I< NLJMBE:R AMOUNT BANI( C;HEC:I<]iI,IG ACX:OUI,IT COCA-C:C]I...A BC)'I'TI...II,IC'} M:I:DWE {:;OL. LJMBIA I"IEZEC']HTS :E D I C DC]I:~:,SO/YOLANDA F:'AI._I(/MARION GEZNLJINE PARTS/NAF'A AUTO GOHMAN/V I JARC}~/I RENE JOHI',ISC)N F:'~F:'ER & SUF'!::'I...Y C I...~ C8UNT/N~NCY L.~R !( I N/JOHN L.~RSON/R(3Y I..IETA(TiUE C)F' MINNEZSC)T~ C:I:'RI: MCGEE/M :1: (:;I"I~IE:I._ MEDICII'IE: L.AKE TC)LJRS MINNE:SOT~ C:ETY/CIqTY MC')~T MII'INIEEBOTA ORCHESTF~L. ASS MN !:~EC & F'I( ~S88C .... MRF' MUIq I C :1:-PAL. S F:'AJ~ K/CHR :1: S TOF'HER F'ETER8 H...ACE IIqVIE:STMI~ENTS HETTY C~SI't - M~RY DUGD~L F'F~UDIENT:I:~L t...IF:'IE II'ISLJF~NC QUAI...ITY ~ZlqlE: & 8F':I:R:I:TS U S ~E~r]' CC}MMLJ!'~:I:CATIOIqE~ UNIVERB:I:TY OF' M:[NNESOT~ W :1: I... K I NSC)N/C'}ER~L.D ~:1:1:~ TOUCI'~ CEL.I...UL~R ~N(:}I(A CC}UNTY MCY'CC)R VE:HIC AT & T BIEi:L.L. BC}Y B~R SUF'F:'I._Y BIEI_I...BOY CC}F~F'OF~TION BI...AHN I K/VANCE C:I:TY WIDE ~IND(3~ SIEI:~VICIE GE:NUINE F:'ARTS/N~PA ~UTO GOVlEI:~NI~ENT F']:NANCIE C]F=F:'IC HANSEN/EDW:I:N & DOROTHY I"I~NBIEN/KIEV 1:I'1 JC}HNSC}N/SCH~N JC) I...L..Y/DC)N~I...D M :1: I...L.ER/I{~TI"tY, l)~bl I EL. M :1: N NIEGABCC} MI'I DEF:'T OF:' REVENUE MI'I I'IUI:~SIEEIRY & I._~ND8C~F'E MC)I:~F~ I SETT/D~V I D MLJ N I C I ""F'~L.S MUSC (:}V I T Z/F'ATF;: I C I A 83987 103 ,, 70 83988 4 :, 520.97 83989 3.00 83990 3,00 83991 36,00 83992 212 ,, 80 83993 3,00 83994 37,00 83995 207,02 83996 37,00 83997 126,20 83998 705.00 83999 0 ,, 00 84000 :1.08.61 84001 2,730 ,, 00 84002 145 ,, 00 84003 I !: 108,80 84004 460., 00 84005 0 ,, 00 84006 :1.74 ,, 75 84007 24,00 84008 190 ,, 44 84009 4 ,, 00 84010 9,456 ,, 85 840:1. 1 340,58 840 I. 2 2:1. 0 ,, 00 840 :L 3 125 ,, 840:1.5 5,6:1. 84016 42 ,, 50 840:1. 7 :1. 62 ,, 98 84018 432.52 84019 19,40:Z~. 77 84020 428,00 84021 1. 7.04 84022 58,53 84023 585 .. 00 84024 182,00 84025 85,93 84026 354.77 84027 29, :1.3 84028 227,94 84029 239,99 84030 10., 823,00 84031 45,00 84032 251 .. 35 84033 20 ,, 00 84034 .1. 4,66 BF~C I:=INANCIAI... -SY-~TEM CITY [~F:' COI._UMBIA I"llii]:[~HT,~ 02/1:[/2000 10 Check H:i. story GL540R-V06.00 F'AC~E 5 2/14/00 [;OUI,I[;II... B A N K V E N D O R CHECK NUMBER AMOLJI"IT BANK [;HECK]ZNG ACCOUNT t,llEI C;[]LL. EGE OF:' TECHN[)LE)G I,I[)IRTHIEEZF~:I'I ,ST~TI~i:,S F:'OWER N[)RTHERI~I 'Y'F~:~F:'F:'I[: StJt::'PL.Y HEiZTTY (:~,SH .... (:'}~IRY BIR~'T'E F:'IE'T'TY CASH .... JC]ANNE BAKE F:'ITI"IIEY BOWE,S .... MINI".IEAF:'OL QU~I...ZI:'i'Y WII'-IIEi: & SPIRZIZTS~ I::~ETAIL DATA ,SYST!ii:M,S OF: M SAMS ~163:1.0 ,ST F:'AUL.-WC/THI~Z STAU[;H/LJii:I...AND U S WI~:Z,ST COMr~UNI[;ATIONS AF:'FINITY F:'I...U,S F:'Iii:DEF~:AL CR F:']ZR,ST COMMUN]:TY CREDIT U ICMA RET]:F:~EMENT TRUST 45 I..MC I T LMCIT - HF:' r'Ili~:DICA SENIOI-~ MIq CHIL..D SUF:'F:'[)I:~T PAYMEI'-IT I,.!ORWE,ST BANK - F:'AYF~81...I... A OFLCHARD TF:,'LIST CSMPAI',IY F:'ERA F:'ERA - DliiZFII',IED C[)NTRIBUT I='lii:RA F:'OLICI~Z F~IiEI._IIEF= [;ON,SO F'UBL. IC' MANAGlii:I::~S A~,i~SOCIAT UI'.IIOI',I 320 UI',IITliEZD WAY M :IZ A & C 8MAL.I... EI',IE~II'-IE ABLE HOSE & RUB]E~IEF~ INC ABM EZQUI'PMliiZNT AC;E HARDWARI== AID ELECTRIC ,SEI:~,~ICliiZ ]Zl~l[~ AIR F'NEU -T'R(]N:EC CO A]ZI:~ TOUCH CE:LI_ULAR ALL 8AZIZNTS BRAI'.ID DIS'rI.~IB AMERICAN AGEI~I[;Y II',IC AMEI:~:ICAN LIBRARY A~3S8C AMEF: I PR ~1: DE ANOKA (]OUNTY ATTORI-.IEY AI'.IOKA [;OUNTY MO'IFOF;,' VEH!C ANOKA CTY .... CENTRAL. COMM ANOKA CTY FIRliiZ F'ROTEZ[;TI[) ARAMARK AF;,'MOFt' ,~EE;URITY INC ASF:'IEN MIL. I_S, ZEI'.IC. BAKER & TAYLOR EI,rTEF~TAIN 840:~;5 705 .. 60 84036 2,980.71 84037 60 .. 00 84038 66.94 84039 90.60 84040 236.95 84041 4,257.38 84()4~? 24.00 84043 i, 076.56 84044 28,184 ,. 00 84045 458.00 84046 ~%;37.85 84049 350.00 84050 ]. , 980 .. 00 8405:1. 11,775 .. 54 84052 20,095 .. 28 84053 15,744.41 84054 431 .. 50 84055 747 .. 15 84056 139,240 .. 12 84057 9,567.50 84058 22,579.72 84059 90 .. 00 84060 294.05 84061 50.00 84062 976.00 84063 47.00 84064 75,751~. 11 84066 :L 6.03 84067 27 .. 29 84068 90.00 84069 440.02 84070 130.76 84071 202.05 84072 196.46 84073 42.95 84074 2,735.00 84075 150 .. 00 84076 115.21 84077 178.20 84078 540.00 84079 720.00 84080 210.00 84081 175 .. 87 84082 92 .. 01 84083 208 .. 50 84084 2,825 .. 58 BRC F:I:NANC:[AL.. SY'STE:M CI'T'Y Of"" COLUMB:I:A HE~Z:I:GHT,S 02/:L1/2000 10 C~1...,~.40R-~./06.00 PAGE: 6 Check H:i. stc>ry 2/:1.4/00 CTOUNCII... BANK VE:NDOR C;HE:CI< NLJMBER AMOUIqT BANK C;HE:CK:I:NG ACCOUNT BARNA GUZY & STE:F'F'Iii:N I...TD BAIr'~NE,S & NOBI_IiE BAF:,'TON SAND & GRAVEL. BA'T'TE:I~Y C:{TY BAUE:R BU:I:I...T T:I:F~E & BATTE BLACI(BOURN MEDIA PACKAG:t: BOIqE:STRO0 ROSI~:NE: ANDERLI BOOKMEN :I:NC/'f'HE BRODART CAF:':I:T'OL FURNITUI~I~: SALES CARD:I:NAL SE:RVICES CATCO F:'AI~TS SERV:[CE: CE:IqTF~AI... RE:NTAL. CH:I:SAGO I_AKES DISTF~:I:BUT:E CITY PAGE:S CITY W]:DIE I...OCKSM:I:TI"I:I:NG (::I...ARK F'OODSE:F~V:I:CE: INC COCA-COLA BOTTL:I:NG MIDWE COL HGTS F':I:F~EFIGHTE:R~ AS COL.L.E:CTOI~ BOOKS (:;OLUMB:I:A HI~::I:GHT~ RE:NTAI... COLLJMBIA F:'AI~K I~I~:D:I:CAL.. GR CC)MM CE:NTI~:R COI~MERS CC)NNE:I...L.Y :I:IqDLJSTR:I:AL EL.E:C CF~E:ST V:I:EW L. UTHERAN I"IOI~E CYS UNIF'ORMS DANKA DEMCO DOI'!A(~I'~UI~: DOORS INC DF~AIN DOCTC)R EAGI...E WINE COMI::'ANY EAST S:t:DE: BEVERAGE: E:MBL. EM I~ENTI~ERF:'RISES :I:NC E M F:' F:'AST' SIGNS F:':I:DEL. ITY SI~:F~V:[CE:S :I:NC I::':i:F;~E: ]:N~TF~U(::TOI~S ASSIq. F:'L.E:X COMF:'EI"ISAT:I:ON, INC I::'L:I:F~ SYSTE:M F'OCUS NEWSF:'AF:'I~:I:~S F:'R:I:DL. EY/CITY OF" G & K SE:RV:I:CES GENE:RAL.. BOOK COVERS GENEF~AI... F~E:PAIF;: SE:RV:I:CI~: GENLJ:ENI~ F'AI~TS/IqAF'A AUT'O GL.OCK INC 84085 20,142 .. 40 84086 25 .. 58 84087 I, 886.28 84088 862.54 84089 542.77 84090 128.50 84091 I , 300.90 84092 134 .. 67 84093 55.94 84094 I, 320.78 84095 306.00 84096 771 .. 49 84097 123.91 84098 5,073.25 84099 420.00 84100 210.00 84101 960.85 84102 1. , 373.06 84103 :L 07.36 841. 04 21 .. 22 84105 371 .. 5 :L 84106 ~. , 221 ,, 86 84107 20.34 84 ~. 08 111.51 84109 301 .. 64 84110 11,895 .. 25 841. ~. 2 27 .. 00 84113 45.78 84114 172 .. 50 84115 158 .. O0 84116 :1. ~, 065 .. 27 84117 62,244 .. 35 84118 319.10 84119 138., 76 84120 91.49 84121 9 ~. 180.98 84122 525.41 84 :L 23 120.75 84124 4,000 .. O0 84125 466.70 841. 26 10 .. 00 84127 184.02 841.28 404 .. 60 84129 238 .. 24 84130 800 .. 80 84131 22 .. 37 BI:~:C F=INANCIAL SYSTEZM CITY OF CC)L. LJMBIA I"EEIGH"FS 02/11/2000 10 Cl'~ec:k Hi,~Fl:ory GL54OF;~-VO,x.~.00 F'AGI~: 7 2/:1.,f~/00 CC)UI'-ICIL. BAN K VE:NDC) i:~ [:HE:CI< NUMBE:I:~ AMOLJNT BANI< CHIECI<tI"IG ACCOUNT GOODYIEAF~ 'T']:F~E: & F~LJBBE:R C GOF'HEER ~,BTATE: OI~IE-CAI...L. IN GI:~AF:'Ei: BEEG:I:NNII~[-},S C~RIGG~,~-COOF:'E:I~ & CO HAPPEL. DB~ F:'I..ANSIGHT/JER I'4AI:~I::::I:~,~ :ENFO SC~LJI:~C:IE ]:I,ITI,~ HAF~VE:ST F:'~:t:N'T' I"IE~I...T'H F'AR'TT.IEF~,~ Hlii::[GH'T,S EL,E:CTRIC :[I'~C:. H:l:Tlii:,~ F'L, OF(AL. I..IOHE:N,r..rl'E:INS :I:NC HC)I.,,I...M~N/JOSEF'H HOME: DE:F:'O'T ~2802 HC)UCI.41EN BINDEF(Y L.'T'D IBM CC)F::F:'OF;,'ATIC)N I CBO ICMA :I:I(ON C)F:F:~[:E: ,SOI_LJTIC}N INDUSTRIAl.. DC~OR CO INC :I:NSTY F'ILI:NTS :I:!',ITE:GRATIED I...0,<3S C:ONTRC)L, :[NTE:I~STATlii: DI.::TF~OIT DII:-::,SE INTL, ~,SSOC [:I1:'[:HE::I:FS OF :I:F:'C F:'RII'TTING :1: 'THAC~ J-.--CRAF'T JOE: SCHMITZ BOC)K,~3E:L.L.E:R JOHN,SON BROS. L. IQUC)I~ CO. JOHNSC)N I::*~l::'li~:l:~ & ,SLJF'F'L.Y I< M~RT' KIENNEI)Y & GRAVIEN I<L. EE:,SF:'IIE TANK & I='IETF:~OL.E~:I..J KUE:THE:R DI,c. rT. CC).. I..AGEF::QUI,c~T COI:~I=' L,ANO E:QUIF:'ME:NT CC).. I.JEAC'}UI~:: OF' MII'INI~':E~,OTA CITI I_.C}F'F:'L.E:R I3USI'I,IE:,r:Lr:; .c~Y.c;TE:MS L. OWF,:Y CE:NTI'~AL. BOWL.E:I:::E~ MAGNADYNE: FIAHCO MARl< VII DIST . MATTHE:W MliENARDS {::A~:~I"IWAY L. UMBER-F FIEF:,':I:T RECOGI'J:i:TION MIETAI.. DC)C/TCIF~:/THE: ME:TF~:O AREA MAI',IAGE:FIE:I'4T AS METRC)CAL, L. - ATT ME:F,;S~AGIN 84 :L 32 309.75 84133 :1. 26.00 84134 :L 53 .. 00 84135 16~43:1..93 84136 11,93:L ,. 73 8q 137 105 .. 30 84138 :L 33 ,, 00 84139 58 ,, 00 84140 6,265 ,, 00 84142 5,280,05 84:1.44 11 ,, 18 84J.45 :1. 17 ,, :1.4 84146 120 ,, 00 84147 85 ,, 00 84148 650,00 84149 :1.93 ,, 60 84:L 50 525 ,, 30 84:1. 5:1. 267 ,, 63 84:L 52 I, :L82,00 84:1. 53 335 ,. 66 84 :L 54 :L 00 ,, 00 84155 123 ,, 48 84 :L 56 :1. 9 ,. 30 84157 78 ,, 01 84:L 58 63 ,, 46 84159 6, :1.02.07 84160 28 :L. 98 8 ~ ~. 61 :1, 08.67 84162 43 :L ,, 50 84163 146.46 84164 66~60:L .65 84165 2,960.76 84166 348.91 84167 60.00 84168 236.90 84169 35.36 84170 49.05 84171 25.00 84172 14,115.0:1. 84~.73 295 ,, 52 84174 204.31 84175 23.61 84176 421.79 84177 61 ,. 00 84178 14 ,, 14 BRC I::'INANCIAI.. SYSTEM CITY CIFz C, OI_UMBIA HEIGHTS 02/11/2000 10 Check H:i. story GL. 540R-V06,,O0 IF:'AGIE 8 2/14/00 [;OUIqCII... BAhlI< VEND[)R CHE:CK NUMBER AMOUNT B~IqK CHECICI:I,IG ~C'[:[)UNT METR[)I::'C)L. ITAN [X)IJNC:II... WAS MID ,STATES F'LAST:[C,S M]:DWAY I::'ORD MIDWEST DIESEL MIhlNEAF'[)L. IS OXYGE:N CO. MINI,IIEAF:'OI...IS SAW CO. MII,INES[}TA LIBRARY ASSOC. MINNIESOTA SUN F:'UBI...ICATIO MINNESOTA TRANSP AL.L. IANC MI,I COMM F:'AGII,IG MI,I STATIE TREAS BUILDING MN S'rATIE TIREEASUIRIEIR MORTOt, I SAI...T N ,, S ,, R. M. A. ~. I,IATIONAL L. EA[.)UE [}F CIT:[IE NIEEDI.~AI~ DISTR:[BUTIN(3 CO NORTH MIEMORIAL. MEDICAL. C NOF~TH I~IETF~O I..IUI~AIqE SOC:I:E N[}R'FH METI:~O MAYORS ASSOC I,IOF~TH ST~F~ ICE NOF('[H STAR F:'A:I:NT & B[]DY I,IOI:~THEI~N A]:I:~ NORTHLAND EL.IECTRIC SUPPL. I,IOF~WEST BAI,IK I~II,II,IIESOTA NOTT CO OFI::':I:CE DEF'(3T OXBI:~'.:I:DGE COMMUNICATI[}IqS F:'AF~K SUF:'PLY INC I::'AUSTIS & SONS HEI::'SI-COLA-7 UF' F'HILL. IF'S WINE & SF'IRTS PINKIEF~TON SIEF~VICE GF~[]LIF' F:'RIOR WINE !::'1:~[} STAI::I= I::'ROEX - WOI...F CAME:R~ F~ADIO SHACK RETA:[I... DATA SYSTEMS OF M I~I...K ....KUUSISTO I./rD ROYAL TIRIE I:~UF'F:'I~IDGIE-JOHNSON EQtJIF'. S[;HE:LEN GRAY EL. ECTRIC SIEARS COI~MEIR[;IAI.. OlqlE SI..IORIEWOOD INN S:I:STER CIT]:ES :I:If'[ERNATIO SOUTHERN AIq[]KA [;OUI~TY CH SI::'EC:!:AL. TY SYSTEMS 84:1. 79 54,352 ,, 00 84180 446., 17 84181 605 ,, 19 84182 554., t. lO 84183 37.94 84184 65 ,, 58 84185 4:1, 1 .. 00 84186 262.40 84187 195.00 84:1. 88 719 ,, 14 84189 105.82 84:1.90 89 ,, 10 84191 2,363.83 84192 150 ,, 00 84193 I . 132.00 84 :194 223.50 84:1. 95 238.00 84196 500.00 84197 8,619.00 84198 316 ,. 80 84:1. 99 :1. 38.77 84200 3,014 .. 93 84201 292 ,, 38 84202 :1., 500 ,, 00 84203 53 ,, 25 84204 2,062 ,, 02 84205 756 ,, 25 84206 248., 29 84207 I, 036.26 84208 380 ,, 50 84209 6,925.14 84210 200.64 842:[ 1 2,519.53 84212 2,507 ,, 10 84213 6.12 84214 :1. 91 ,, 69 842:1. 5 72.00 84216 237 ,, 50 84217 :1. 55.69 84218 71.04 842:1.9 605.53 84220 100.67 84221 9,552.35 84222 326.45 84223 280.00 84224 16.00 84225 23.48 BI:~C F:'INANCIAL ~:~Y,STE']~t [:I'T'Y (]1= C(3L. UMBIA I.~Ii~:IGFrY'S 02/11/2000 10 GL. 540R-V06 .. 00 PAGE 9 Check History 2/14/00 [:OUI~I[:IL. BANK VENDOF;~' [,~HECK NLJMBEF;: AMOUNT BANK [;HI~I;KIN(B ACC:OLJNT ,SQUEEGE:E: F'RC) WINDOW C~L,lii;A ,SI~(]C'~A'S AUTOM[)TZIZVI~ ,SEF~V:I: ST JOSE:F:'FI'S EQLJIF:'MIE:NT S'T'AI~ TI::IBLJNE STIE:RL.:[NG SUPPL. Y INC STI:~I~:ICHEI~ (3LJN'S :I:NC/DOI~I SUBURBAN I.,.AWN CENTE~:R :[NC SLJBLJI~BAN F:'I:~OF:'ANE SYS"FI~:MS SUF:'PI...Y INC.. TIF~]...I~:F:'HONI~ ANSWEF(II~G CENT 'T'ENNANT COMPANY TII'ILJCCI 'S CA'FI~I:~]:I,IG 'rF~:E:ADWAY GF~AI::'HICS TWIN CITY GARAGIEE DOOF~ CO 'T'W:I:N CITY HARDWAF~E: 'T'W:I:N CI'I"Y INDLJSTI~IAI... MOT U S WEST C[}MMUNICATIONS LJIq:I:F:'[]F;:MS LJNI...II~ITI~:D INC VARDA C[}MF:'ANY VIDEO BY CYCI...ING WAGER'S INC. WARNING L. ITIE:S OF' MINN. I W:I:LL.AMETTI~: :I:NDLJSTF~IE:5 :I:N WIL.L:I:AM MA'T'TSC)I,I CONSTI~[JC W:I:L.!...IAM MI'TCHI~I...I... C[)L..LEGE W:I:NI~: COMF'ANY/THIF: WW GRAINGE:R ZEF:' MANUF:ACTUR:EI~IG COMF'AN Z:[!~:GI...EF~ :I:NC AG[.}!:~I~:[-}A'fiEE INDUSTF~II~ES A:I:D EI...ECTI:~:I:C SERVICE: INC CYS L}NIF:OI:~MS MADDEN & ASSOCIATES/F:'F~AN MII,II~II~:AI::'OI.,.IS I::II,IANCI~E DEF'T []F:'I::'ICI~: DI~:I::'OT S I:~ I= CONSUI_T:ENG GI~OL]F:' :E LJ'T'I(E F:'ROPERTY MANAGEMEIqT 84226 50 .. 00 84227 :1.23 .. 54 84228 22,535 .. 40 84229 2,611 .. 70 84230 38.34 84231 194 .. 50 84232 205.56 84233 51 .. 00 84234 i, 89:1.. 44 84235 :1.08 .. 60 84236 152.75 84237 1., 005., 12 84238 92.53 84239 179. :1. 7 84240 :1. 2.46 84241 233 .. 26 84242 9.00 84243 272.69 84244 160.29 84245 :1. 8.30 84246 :1. 43 .. 88 84247 266.94 84248 454.33 84249 370.50 84250 600.00 8425~. 154.70 84252 152.98 84253 66.05 84254 260.47 84255 :1. , 643., 10 84256 I, 714.96 84257 685.46 84258 2,992.50 84259 40,647.85 84260 2,154.20 84261 7,535.36 84262 I , 043.00 I , 500,867 .. 32 *** BR[:; F'INANC:I.'AI,,. SY,c.~'TI~:M CITY []IF:' C;C)I...UMB]:A HEIGHTS ()2~/:1.:1./2000 1.0 Checl,:. History GL. 540R'-"V06.00 F:'AGIE 10 2/14/00 COLJIICII... BANK VI~;ND(]R REF:'OF~T TOTALS: CHliECK NUMBEF;~ Al~OtJl',l'T' I , 500,867., 32 CITY COUNCIL LETTER Meeting of February 14. 2000 AGENDA SECTION: NO: ITEM: NO: Resolutions/Ordinances to Close Hearing/Adopt Resolution For Revocation 00- ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL DATE: February 10, 2000 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Heidi VonHeideman regarding rental property at 3718 Central Avenue for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing RECOMMENDED MOTION: Move to waive the reading of Resolution No. 00- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 00-.__., Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Heidi VonHeidemau Regarding Rental Property at 3718 Central Avenue. COUNCIL ACTION: RESOLUTION 00- 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 HEIDI VonHEIDEMAN (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 3718 CENTRAL AVE, 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 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 December 30, 1998, Matt Field and John Larkin, Inspectors for the City of Columbia Heights, inspected the rental property located at 3718 Central Avenue. Inspectors found twenty-two 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 February 9, 1999, inspection office staff granted the owner of the property located at 3718 Central Avenue an extension of time to correct the violations listed in the December 30, 1998 compliance orders. 3. That on March 24~ 1999, inspection office staff granted the owner of the property located at 3718 Central Avenue an extension of time to correct the violations listed in the December 30, 1998 compliance orders. 4. That on April 29, 1999, Matt Field and John Larkin, Inspectors for the City of Columbia Heights, reinspected the rental property. The inspectors found that eight violations remained uncorrected, compliance orders were sent by regular mail to the owner at the address listed in the rental housing license application. 5. That on July 6, 1999, inspection office staff granted the owner of the property located at 3718 Central Avenue an extension of time to correct the violations listed in the December 30, 1998 compliance orders. 6. That on November 10, 1999, Matt Field and John Larkin, Inspectors for the City of Columbia Heights, reinspected the rental property and found that three exterior violations remained uncorrected. 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 December 17, 1999, Dana Alexon, Enforcement Officer, granted the owner of the property located at 3718 CentralAvenue an extension of time to correct the violations listed in the December 30, 1998 compliance orders. 8. That on January 10, 2000, the City Council voted to table the revocation hearing for the rental property located at 3718 Central Avenue after the Enforcement Officer advised them that the three violations were not corrected and the owner had not been given proper notice. 9. That on January 24, 2000, the City Council, voted to table the revocation hearing for the rental property at 3718 Central Avenue after the Enforcement Officer advised them that the three violation remained uncorrected and that he was working with the owner to get those items corrected. 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 FAILURE TO SUBMIT REINSPECTION FEES IN THE AMOUNT OF $50.00 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 3718 Central Avenue 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 fights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F3838 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 DAY OF ,19__ MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAY S: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA PATTY MUSCOVITZ GARY PETERSON CITY COUNCIL SECRETARY MAYOR Date Code Violation Details Re-Inspection Date 01/10/2000 01/21/2000 en 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 mis-statement or mistake of fact such person may appeal as set forth in 6.202(1). Please call 612-782-2856 for more information on the appeals process. 1 ..Shall scrape/paint window trim 2..Shall scrape/paint replace wood on garage 3..Shall replace damaged storm/screens The above noted items are in violation of the following Housing Maintenance Code and/or Minnesota Uniform Fire Code sections: 01/10/2000 5A.205(1)(A) Foundation, Exterior Walls, Roof 01/21/2000 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) The foundation, exterior walls and exterior roof shall be water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain or roof drainage and shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be covered by paint or other protective covering or treatment which protects the exterior surfaces from elements and decay in a functioning manner. If 25% or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be protected as heretofore provided. 01/10/2000 5A.205(1)(B) Windows, Doors, Screens 01/21/2000 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: (b) WINDOWS, DOORS and SCREENS. Every window, exterior door and hatchway shall be tight and shall be kept in repair. Every other window other than a 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. 01/10/2000 5A.205(1)(F) Accessory Structure Maintenance 01/21/2000 No person shall occupy as an owner-occupant or let to another for occupancy any dwelling 02/10/2000 14:15 10029 Statement of Cause Ltr. I~Denotes violation corrected Columbia Heights Fire Dept 555 Mill Street NE Columbia Heights, MN 55421 612-782-2835 Billing Statement Responsible Party Inspection Performed Heidi VonHeideman 1352 50th Street NE Buffalo MN 55313 VonHeideman, Madeline J. 3718 NE Central Avenue Columbia Heights, MN 55421 Payment for reinspection fees are due 20 days after the receipt of this statement, you will not be sent a second notice. Type 093 Description 2nd Follow-up Housing Maintenance Code Inspection Date Performed 11/10/1999 Total Due: Fee $ 50.00 $ 50.00 Please return this portion with your payment Inspection Performed VonHeideman, Madeline J. 3718 NE Central Avenue Columbia Heights, MN 55421 Occupancy Total Amount Id Number Invoice Date Due 10029 02/10/2000 $ 50.00 Amount Paid 02/10/2000 14:12 CITY COUNCIL LETTER Meeting of Febmar,/14, 2000 AGENDA SECTION: Resolutions/Ordinances ORIGiNATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ~-~ ~ Revocation DATE: February 10, 2000 DATE: NO: 00- Revocation of the license to operate a rental tanit within the City of Columbia Heights is requested against Mohsen Dessouki regarding rental property at 4610-4612 Fillmore Street for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing RECOMMENDED MOTION: Move to waive the reading of Resolution No. 00- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 00- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Mohsen Dessonki Regarding Rental Property at 4610-4612 Fillmore Street. COUNCIL ACTION: RESOLUTION 00- 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 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 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 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, reinspected 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 for 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. 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 FAILURE 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 rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such tights 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 DAY OF , MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA PATTY MUSCOVITZ CITY COUNCIL SECRETARY GARY PETERSON MAYOR Date Code Violation Details 12/16/1999 Recheck violation record auto-generated from inspection on 10/26/1999 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 mis-statement or mistake of fact such person may appeal as set forth in 6.202(1). Please call 612-782-2856 for more information on the appeals process. 10/26/1999 - Owner was a no show, tenant not aware of inspection. Reinspection fee assessed. Exterior 1..Shall repair gate on southwest corner of house Kitchen 2..Shall replace missing kitchen light fixture 3..Shall replace light fixture in dining area 4..Shall replace inoperable smoke detector on 1st fioor....Shall provide unit with a working smoke detector....State Statute 299F.362 Living room 4..Shall replace inoperable smoke detector on 2nd floor of rental unit....Shall provide unit with a working smoke detector....State Statute 299F.362 6..Shall replace missing basement window Re-Inspection Date 01/06/2000 The above noted items are in violation of the following Housing Maintenance Code and/or Minnesota Uniform Fire Code sections: 1211611999 5A.203(1)(D) Electrical Service, Outlets and Fixtures / / Recheck violation record auto-generated from inspection on 10/26/1999 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: (d) ELECTRICAL SERVICE, OUTLETS and FIXTURES. Every dwelling unit and all public and common areas shall be supplied with functioning electrical service, functioning overcurrent protection devices, functioning electrical outlets, and functioning electrical fixtures which are properly installed, which shall be maintained in a safe working condition 02/10/2000 08:57 12111 Statement of Cause Ltr. Fb Denotes violation corrected Columbia Heights Fire Dept 555 Mill Street NE Columbia Heights, MN 55421 612-782-2835 Billing Statement Responsible Party Inspection Performed Mohsen Dessouki Dessouki Duplex Rental 4612 Fillmore Street 4610 NE Fillmore Street Columbia Heights, MN 55421 4612 Fillmore Street Columbia Heights, MN 55421 Payment for reinspection fees are due 20 days after the receipt of this statement, you will not be sent a second notice. Type 092 093 094 098 095 Description 1st Follow-up Housing Maintenance Code Inspection 2nd Follow-up Housing Maintenance Code Inspection 3rd -- Pre~Revocation HMC Inspection -- CERT MAIL Housing Code Inspection - Owner NO SHOW FINAl-- Pre-Council Meeting Reinspection Date Performed 09/13/1999 10/26/1999 12/16/1999 01/06/2000 02/08/2000 Total Due: $ $ $ $ $ $ Fee 50.00 50.00 50.00 50.00 50.00 250.00 Please return this portion with your payment Inspection Performed Dessouki Duplex Rental 4610 NE Fillmore Street 4612 Fillmore Street Columbia Heights, MN 55421 Occupancy Id Number Invoice Date Total Amount Amount Paid Due 12111 02/09/2000 $ 250.00 02/09/2000 15:43 CITY COUNC1L LETTER Meeting of February 14, 2000 AGENDA SECTION: NO: ITEM: NO: Resolutions/Ordinances 'A-3 Close Hearing/Adopt Resolution For Revocation 00- ORIGINATiNG DEPARTMENT: Fire BY: Dana Alexon DATE: February 10, 2000 CITY MANAGER APPROVAL BY:///~ DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Loretta Robertson regarding rental property at 4022 Madison Street for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing RECOMMENDED MOTION: Move to waive the reading of Resolution No. 00- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 00- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1 ) of the Rental License held by Loretta Robertson Regarding Rental Property at 4022 Madison Street. COUNCIL ACTION: RESOLUTION 00- 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 LORETTA ROBERTSON (HEREiNAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4022 MADISON 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 12, 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 18, 1999, John Larkin, Inspector for the City of Columbia Heights, inspected the rental property located at 4022 Madison Street. Inspectors found 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. 2. That on October 18, 1999, John Larkin, Inspector for the City of Columbia Heights, reinspected the rental property located at 4022 Madison Street. Inspector Larkin 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 8, 1999, John Larkin, Inspector for the City of 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 January 6, 2000, John Larkin, Inspector for the City of Columbia Height, Inspectors 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. 5. That on February 8, 2000, Matt Field and John Larkin, inspectors for the City of Columbia Heights, reinspected the rental property and noted that two violations remained uncorrected. 6. 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: A. FAILURE TO CORRECT VIOLATION OF THE HOUSING MAINTENANCE CODE B. 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 4022 Madison 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 fights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F3831 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 DAY OF ,19 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA PATTY MUSCOVITZ GARY PETERSON CITY COUNCIL SECRETARY MAYOR Date 01/06/2000 Code Violation Details Re-Inspection Date 02/08/2000 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 mis-statement or mistake of fact such person may appeal as set forth in 6.202(1). Please call 612-782-2817 for more information on the appeals process. 1 ..Shall repair hand rail outside going to the rental unit 2..Shall scrape/paint trim on the garage 02/10/2000 10:08 12125 Statement of Cause Ltr. F~Denotes violation corrected Columbia Heights Fire Dept 555 Mill Street NE Columbia Heights, MN 55421 612-782-2835 Billing Statement Responsible Party Inspection Performed Loretta Robertson Robertson Duplex Rentals 4022 Madison Street NE 4022 NE Madison Street Columbia Heights, MN 55421 Up/Down Columbia Heights, MN 55421 Payment for reinspection fees are due 20 days after the receipt of this statement, you will not be sent a second notice. Type 092 093 094 095 Description 1st Follow-up Housing Maintenance Code Inspection 2nd Follow-up Housing Maintenance Code Inspection 3rd -- Pre-Revocation HMC Inspection -- CERT MAIL FINAl -- Pre-Council Meeting Reinspection Date Performed 10/18/1999 12/08/1999 01/06/2000 02/08/2000 Total Due: Fee $ 50.00 $ 50.00 $ 50.00 $ 50.00 $ 200.00 Inspection Performed Robertson Duplex Rentals 4022 NE Madison Street Up/Down Columbia Heights, MN 55421 Occupancy Id Number Invoice Date Please return this portion with your payment Total Amount Amount Paid Due 12125 02/10/2000 $ 200.00 02/10/2000 10:07 CITY COUNCIL LETTER Meeting of Febmap/14, 2000 AGENDA SECTION: NO: ITEM: NO: Resolutions/Ordinances Close Hearing/Adopt Resolution For Revocation 00- ORIGINATING DEPARTMENT: Fire BY: Dana Alexon DATE: February 10, 2000 CITY MANAGER APPROVAL DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Ginger Duckworth regarding rental property at 4356 5th Street for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing RECOMMENDED MOTION: Move to waive the reading of Resolution No. 00- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 00-__, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Ginger Duckworth Regarding Rental Property at 4356 5th Street. COUNCIL ACTION: RESOLUTION 00- RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDNANCE CODE SECTION 5A.408(1) OF THAT CERTAiN RESIDENTIAL RENTAL LICENSE HELD BY GINGER DUCKWORTIt (HEREiNAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4356 5TM 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 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 COLUIVIBIA 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 Hinrichs, Inspectors for the City of Columbia Heights, reinspected the rental property located at 4356 5lh 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 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. 6. 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 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 DAY OF ,19__ MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAY S: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA PATTY MUSCOVITZ GARY PETERSON CITY COUNCIL SECRETARY MAYOR Date Code ViolatiOn Details Re-Inspection Date 12/29/1999 01/19~2000 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 mis-statement or mistake of fact such person may appeal as set forth in 6.202(1). Please call 612-782-2817 for more information on the appeals process. 1 ..Shall repair fence around the rear yard that is deteriorated in areas 2..Shall remove scrub growth/weeds that are growing up around the yard and along fence The above noted items are in violation of the following Housing Maintenance Code and/or Minnesota Uniform Fire Code sections: 12/29/1999 5A.205(1)(A) Foundation, Exterior Walls, Roof 01/19/2000 Recheck violation record auto-generated from inspection on 12/14/1999 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) The foundation, exterior walls and exterior roof shall be water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain or roof drainage and shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be covered by paint or other protective covering or treatment which protects the exterior surfaces from elements and decay in a functioning manner. If 25% or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be protected as heretofore provided. 1212911999 5A.205(I)(E) Fence Maintenance 01/19/2000 Recheck violation record auto-generated from inspection on 12/14/1999 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 which does not comply with the following requirements, to-wit: (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. 12/29/1999 5A.207(1)(B) Sodding, Slopes, Berms, Weeds, 01/19/2000 Recheck violation record auto-generated from inspection on 12/14/1999 (b) Every yard of every premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section: (i) SODDING AND GROUND COVER. All exposed ground area surrounding the principle 02/10/2000 10:52 10040 Statement of Cause Ltr. F;bDenotes violation corrected Columbia Heights Fire Dept 555 Mill Street NE Columbia Heights, MN 55421 612-782-2835 Billing Statement Responsible Party Inspection Performed Ginger Duckworth Duckworth Single Family Rental 627 E38th Street 4356 NE 5th Street Minneapolis MN 55407 Columbia Heights, MN 55421 Payment for reinspection fees are due 20 days after the receipt of this statement, you will not be sent a second notice. Type 072 073 074 095 Description 1 st Follow-up HMC Re-Inspection -- Complaint 2nd Complaint Follow-up Inspection Final Complaint Inspection FINAl-- Pre-Council Meeting Reinspection Date Performed 10/21/1999 12/14/1999 12/29/1999 01/19/2000 Total Due: Fee $ 50.00 $ 50.00 $ 5O.OO $ 5O.OO $ 200.00 Inspection Performed Duckworth Single Family Rental 4356 NE 5th Street Columbia Heights, MN 55421 Please return this portion with your payment Occupancy Total Amount Id Number Invoice Date Due Amount Paid 10040 02/10/2000 $ 200.00 02/10/2000 10:50 CITY COUNCIL LETTER Meeting of Februg 14, 2000 AGENDA SECTION: Public Hearings ITEM: Second Reading of an Ordinance Amending Chapter 5A of City Code of 1977 NO: ORIGINATING DEPARTMENT: Fire BY: Dana Alexon DATE: January 28, 2000 CITY MANAGER APPROVAL DATE: Background: The Fire Department is responsible for administration of the Housing Maintenance Code (Chapter 5A of City Code). Staff had proposed several changes to the code and Ordinance #I395 has been before the Council twice previously for First Readings. On both occasions, at the Second Reading of Ordinance #1395, rental property owners spoke about the changes which were proposed. Council tabled action on the ordinance both times and directed staff to meet with rental property owners to receive additional input on the proposed changes to the code prior to further action by the Council. Analysis: Most recently, staff met with a sub-group of rental property owners on January 4, 2000 in an effort to learn more about their positions on the two items in question. The items in question are Q the proposal to allow property owners to be charged for expenses directly related to rental license revocation actions and any postings subsequent to a license revocation; and ~ the proposal to reduce time allowed for correction of violations from 90 days to 60 days.. Discussion at the January 4 meeting convinced staff that an alternative direction was needed on the first item in question and allayed much of the fear of rental property owners concerned about the second item. Staff met with a larger group of rental property owners (all 490 owners had been invited) on January 11, 2000. This meeting was a very productive exchange of ideas and viewpoints. Positions of both owners and the city regarding several areas, including the two items above, were discussed at length. Both landlords and staff left the meeting with a better understanding of each other. Recommendation: Staff is proposing that the proposal which would have charged rental property o~vners for revocation-related expenses be removed from Ordinance #1395. In it's place would be an increase in certain fees related to the Housing Maintenance Code. (See related Resolution on the agenda of this meeting). RECOMMENDED MOTION: Move to waive the reading of Ordinance #1395, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance #1395, being an ordinance amending Ordinance #853, City Code of 1977, as amended, pertaining to the Residential Maintenance Code and Licensing Rental Units. COUNCIL ACTION: ORDINANCE NO. 1395 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED PERTAINING TO THE RESIDENTIAL MAINTENANCE CODE AND LICENSING RENTAL UNITS The City of Columbia Heights does ordain: SECTION 1: Chapter 5A of Ordinance No. 853, City Code of 1977, as amended, shall be further amended as follows: Chapter 5A Article I Section 1: 5A.'101(1) (a) (b) (C) (d) (e) (f) 5A.101(2) HOUSING MAINTENANCE CODE General Provisions Statement of Purpose The purpose of the Housing Maintenance Code (hereinafter referred to in Chapter 5A as "Code") is to protect the public health, safety and general welfare of the people of this City. These objectives include, among others, the following; To protect the character and stability of residential areas within the city; To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health; To provide minimum standards for heating, for sanitary equipment and for light and ventilation necessary to protect the health and safety of occupants of building; To prevent the overcrowding of dwellings; To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight; To preserve the value of land and buildings throughout the city. With respect to disputes between landlords and tenants, and except as otherwise specifically provided by terms of this Ordinance, the City Council Section 2: 5A. ~ 02fi ) Section 3: 5A.103(1) (a) (b) (C) (d) (e) will not intrude upon the accepted contractual relationships between landlords and tenants. The City Council will not intervene as an advocate of either party, nor will it act as an arbiter, nor will it be receptive to complaints from landlords or tenants which are not specifically and clearly relevant to the provisions of this Code. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exemise such legal sanctions as are available to them without the intervention of City government. In enacting this Code, the Council does not intend to interfere or permit interference with legal rights to personal privacy. Applicability This Code establishes minimum standards for maintaining dwellings, accessory structures and premises. This Code is intended to provide standards for housing. Applicable requirements shall apply to all apartment units, homes, accessory structures, rooming houses, lodging and/or boarding houses and house trailers used or intended for use for human habitation. Definitions The following definitions shall apply in the interpretation and enforcement of this Code, to wit; Accessory Structure. A structure subordinate to the main or principal dwelling or dwellings which is not authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. Apartment Unit. Apartment, apartment unit, or dwelling unit means a room or group of rooms located within a building which form a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking or eating. Approved. An indication that an item meets construction, installation, and maintenance standards of the State of Minnesota and of this Code. Basement. Any floor level below the first story in a building, except that floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, and, when said structure is divided by party walls without openings, each portion of such building so (f) (g) (h) (i) Ci) (k) (~) (m) (n) (o) (P) (q) (r) separated shall be deemed a separate building. Building official. Agent designated by the City Manager to enforce provisions of the Housing Maintenance Code. Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter. Dwelling. A structure or portion thereof designed exclusively for residential occupancy, including boarding and lodging houses, but not including hotels and motels. Dwelling Unit. Dwelling unit has the same meaning as apartment unit (within this Code). Exit. A continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit courts and yards. Family. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household and using common cooking and kitchen facilities. Functioning. In such physical condition as to safely perform the service or services for which an item is designed or intended. Garbage. Garbage is defined in 5.605(2)(a). Habitable. A dwelling unit or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at faucet outlet. Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 Edition, International Conference of Building Officials. Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other pest. Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food or preparation of meals. (S) (t) (u) (v) (w) (x) (y) (z) (aa) (bb) Occupant. Any person (including owner or operator) living, sleeping, cooking or eating within a dwelling unit. Owner. Any person, firm or corporation who, alone, jointly or severally with others, shall be in actual possession of, or have charge, care control of any dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Also, any person, firm or corporation who has the right to determine who occupies a rental structure (even though that right may be subject to a lease or rental agreement), or a person, firm, corporation who shall have the power to rent or let premises to another for purposes of this Code. Person. Any individual, firm, partnership, association, corporation, company or a joint venture or organization of any kind. Premises. A platted lot or part thereof or unplatted parcel of land, and adjacent right-of -way either occupied or unoccupied by any dwelling or structure. Public Hall. A hall, corridor or a passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. Rental Dwelling. Any dwelling for hire with one or more living units_. Rental dwellings for purposes of this Code do not include hotels, motels, hospitals or homes for the aged. Repair. Repair shall mean to restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last as long as with the replacement by new items. Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat. Replace or Replacement. To remove an existing or portion of a system and to construct or install a new item or a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical. Rooming Houses. Any group of rooms which form single habitable units used or intended to be used for living and sleeping, but not for cooking or eating purposes. (cc) Rubbish. Rubbish is defined in 55.605(2) (b) of this City Code. (dd) (ee) (if) (gg) (hh) 5A.103(2) Article II Section ~: 5A.201 (1) (a) (b) Safe. The condition of being free from danger and hazards which may cause accidents or disease. Story, First. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than fifty percent of the total perimeter, or more than eight feet below grade, as defined herein, at any point. Unsafe. As applied to a structure, a condition or a combination of conditions which are dangerous or hazardous to persons or property. Unsanitary. Conditions which are dangerous or hazardous to the health of persons. Water Closet. A toilet, with a bowl and trap made in one piece, which is connected to the City water and sewage system or other approved water supply and sewer system. Whenever the words "dwelling," "dwelling unit," "premises," or "structures" are used in this Chapter, they shall be construed as though they were followed by the words "or any part thereof." Minimum Standards Basic Equipment and Facilities No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit; Kitchen Sink. Each dwelling unit must contain a kitchen sink in good working condition and properly connected to an approved water supply system and which provides at all times an adequate amount of heated and unheated running water under pressure and which is properly connected to the city sewage system. Kitchen Storage. Each dwelling unit must contain a counter or table for food preparation and must contain cabinets and/or shelves for storage or eating, drinking and cooking equipment and utensils and of food that does not require refrigeration for safekeeping. All cabinets, shelves, counter tops, and tables shall be of sound construction covered with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. (C) (d) (e) (f) (g) Food Storage and Preparation. Each dwelling unit must contain an operational and functioning stove for cooking food and a refrigerator for the safe storage of food which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove or refrigerator need not be installed when a dwelling unit is not occupied and when the occupant is required to provide a stove or refrigerator on occupancy. If the occupant is required to furnish a stove or refrigerator, sufficient space and adequate functioning connections for the installation and operation of the stove and refrigerator must exist. Toilet Facilities. Every dwelling unit shall contain a nonhabitable room which is equipped with a flush water closet in compliance with §6.201 (1). Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be properly functioning, and shall be connected to the City sewer system. Lavatory Sink. Every dwelling unit shall contain a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working and functioning condition, shall be properly connected to an approved water system, shall provide at all times an adequate amount of heated and unheated running water under pressure, and shall be connected to the City sewer system. Bathtub or Shower. Every dwelling unit shall contain a nonhabitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. A bathtub or shower shall be properly connected to an approved water supply system, shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to the City sewer system. Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every flight of stairs which is four risers or more high shall have handrails which conform to the standards set forth in §6.201(1). Every porch, balcony or deck which is more than thirty (30) inches high shall have a guardrail located at least thirty-six (36) inches above the floor of the porch or balcony. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have (h) (i (j) settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load or one hundred (100) pounds per square foot of horizontal projection. Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. All buildings and/or maintenance improvements inspected pursuant to Chapter 5A, the Housing Maintenance Code, shall be judged and inspected in accordance with the applicable Uniform Building Code and Uniform Fire Code, as follows: (1) Existing Installation. Buildings in existence at the time of the adoption of the Code may have their use or occupancy continued, if such use or occupancy was legal at the time of the adoption of the code, provided such continued use is not dangerous to life. (2) Maintenance. All buildings and structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the Code shall be maintained in conformance with the code edition under which installed. All repairs, replacements or maintenance to the structure or dwelling unit shall be installed or made so as to be compatible with the surrounding building materials and general appearance of the existing area. Section 2: 5A.202(1 ) (a) Door and Window Locks No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating unless all exterior doors of the dwelling or dwelling unit are equipped with safe and functioning door and window locks which comply with the following requirements, to wit: When access to a dwelling unit door is gained through a common corridor or entrance in a dwelling in which four (4) or more dwelling units share a common entrance or corridor, an approved system of controlled access shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from the hallways into individual dwelling (b) (c) Section 3: 5A.203(1 ) (a) (b) (c) units. Dead-latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of the building entrance doors. Building entrance door-latches shall be of the type that are permanently locked. An approved lock box with building entry key, boiler room key, laundry and common area keys, all marked individually accessible to the Fire Department must be provided for access to the building. The enumerated keys must be present in the lock box at all times. A communication system or device such as an intercom, telephone, audible bell or buzzer or other approved means or making contact with the tenants must be provided. Every door that provides ingress or egress for a dwelling unit within a multiple family unit shall be equipped with an approved lock that has a dead locking bolt that cannot be retracted by end pressure; provided, however, that such doors shall be openable from the inside without the use of a key or any special knowledge or effort. All ingress, egress and interior doors shall be kept free of holes and/or punctures. Light, Ventilation, and Electric No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking, or eating therein which does not comply with the following requirements, to wit: Habitable Room Ventilation. Every habitable room shall have at least one window facing directly outdoors which can be easily opened unless the room contains, in lieu thereof, another device affording ventilation which has been approved by the Building Official. The minimum total of openable window area in every habitable room shall be the greater of four percent (4%) of the floor area of the room or four (4) square feet. Sleeping Room Egress. Sleeping rooms in buildings existing prior to this code must have window or door openings for egress of no less than four (4) square feet or the minimum size required by the Building Code in effect when the dwelling was constructed. Space that is added on or conver~ed to sleeping rooms must meet the applicable codes at the time of conversion for habitable rooms and provide a means of egress with openable area of no less than 5.7 square feet. Nonhabitable Room Ventilation. Every bathroom, water closet compartment, laundry room, utility room, or other nonhabitable room shall contain a minimum total of openable window area of no less than 1.5 (d) square feet, except that no windows shall be required if such rooms are equipped with a functioning ventilation system which is approved by the Building Official. Electrical Service, Outlets, and Fixtures. Every dwelling unit and all public and common areas shall be supplied with functioning electrical service, functioning over current protection devices, functioning electrical outlets, and functioning electrical fixtures which are properly installed, which shall be maintained in a safe working condition and which shall be connected to a source of electric power in a manner prescribed by §6.201(1). The minimum capacity of such electric outlets and fixtures shall be as follows: A dwelling containing two or more units shall have at least the equivalent or sixty (60) ampere, three-wire electric service per dwelling unit. (2) Each dwelling unit shall have a least one branch electric circuit for each six hundred (600) feet of dwelling unit floor area. (3) Every habitable room shall have at least the lessor of two floor or wall type electric convenience outlets or one such outlet for each sixty (60) square feet or fraction thereof of total floor area; provided, however, the one ceiling or wall type light fixture may be substituted for one required electric outlet. (4) Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall type electric light fixture, and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. (5) Every public hall and stairway in every rental dwelling shall be effectively illuminated by natural or electric light at all times. In structures containing not more than two dwelling units, conveniently located functioning light switches controlling an adequate functioning lighting system which may be turned on when needed may be substituted for full-time lighting. Section 4: 5A.204(1) Minimum Thermal Standards No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein unless such dwelling or dwelling unit shall have heating facilities which are properly installed and maintained in safe and functioning condition, which are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit (a) (b) (C) (d) Section 5: 5A.205( 1 ) (a) (b) located therein to a temperature of at least seventy (70) degrees Fahrenheit at a distance of three (3) feet above floor level and at three (3) feet from exterior walls, and which shall comply with the following requirements, to-wit: Gas or electrical appliance designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame or the use of liquid fuel shall not be considered as heating facilities within the meaning of this section and is prohibited. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. No owner shall supply portable electric heaters to comply with this § 5.204(1 ). Foundation, Exterior Walls, and Roofs No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the following requirements, to-wit; The foundation, exterior walls and exterior roof shall be water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain or roof drainage and shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be covered by paint or other protective covering or treatment which protects the exterior surfaces from elements and decay in a functioning manner. If 25% or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be protected as heretofore provided. Windows, Doors and Screens. Every window, exterior door and hatchway shall be tight and shall be kept in repair. Every window other than fixed window shall be capable of being easily opened and shall be equipped with screens between May 1 and September 30, inclusive, of each year. (c) (d) (e) (f) (g) (h) Section 6: 5A.206(1 ) Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin, rodents, and insects from entering the building. Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be maintained in a tight weatherproof condition and may not be covered wholly or partially by toxic paint or materials with a lasting toxic effect. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean state. Rodent Proof. Each part of every dwelling shall be rodent resistant. All openings in exterior walls, foundations, basements, ground or first floors or roofs which have an opening of ¼" diameter or larger shall be rodent- proofed in an approved manner. interior floors, basements, cellars and other areas in contact with the soil shall be enclosed with concrete or other rodent impervious material. Fence Maintenance. All fences on the premises where the dwelling or dwelling unit is located shall be maintained in accordance with §6.401 to §6.403, inclusive, of this City Code. Accessory Structure Maintenance. Accessory structures on the premises where the dwelling or dwelling unit is located shall be structurally sound and maintained in good repair. The exterior of such structures shall be covered with decay-resistant materials such as paint or other preservatives. Safe Building Elements. Every foundation, roof, floor, exterior wall, interior wall, ceiling, inside stair, outside stair, porch, balcony and every appurtenance to each of the foregoing shall be oaf e to use and capable of supporting normal structural loads. Facilities to Function. All equipment, utilities, chimney and flue required under City Code shall function effectively in a safe, sound and working condition. Maximum Density and Minimum Space for Rental Units No person shall rent or let to another for occupancy any rental dwelling for the purpose of living, sleeping, eating or cooking therein which does not comply with the following requirements, to-wit: (a Permissible Occupancy of Dwelling Unit. The maximum permissible 5A.206(2) Section 7: 5A.207(1 ) (a) (b) occupancy of any rental dwelling unit shall be determined as follows: fi) For the first occupant, 150 square habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. (2) In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. No person shall occupy as an owner-occupant or let to another for occupancy any dwelling unit for occupancy by more than one family, other than for temporary guests. Screening and Landscaping No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the requirements of this §5A.207 Definitions. For the purposes of this Section, the following terms shall have the meanings stated: fi) Fence. Any partition, structure, wall, or gate erected as a divided marker, barrier, or enclosure, and located along the boundary or within the required yard. (2) Landscape. Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor finishings. (3) Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top beside, or adjacent to a building. (4) Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a plating area. (5) Screening. A barrier which blocks all views from public roads and differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. Sodding and Ground Cover. All exposed ground area surrounding he principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape materials. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. (2) Slopes and Berms. Final grades with a slope ratio of greater than three (3) to one (1) will not be permitted without special approved treatment such as special weed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of three (3) to one (I). (3) Maintenance. Any dead trees, shrubs, ground covers and sodding shall be replaced in accordance with this code. All trees or other vegetation which spring up in crevices by foundations must be promptly removed to avoid structural damage. (4) Placement of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road right-of-way, or immediately adjacent to any driveway or road intersection if such landscaping would interfere with a motorist's view of the street or roadway or with the use of the easement for its intended purpose. (5) Weeds. The maintenance and upkeep of all lawns and yards shall be subject to Chapter 4, Article II, Section 3 of the Columbia Heights City Code, which is incorporated herein by reference. (C) General Screening. All loading, service utility, mechanical equipment, and outdoor storage areas, including dumpsters and refuse containers for dwellings of three (3) or more units shall be screened from all public roads and adjacent residential uses of property. All parking lots for dwellings of three (3) or more units if the property on which the lot is located abuts a differing land use and is not separated from the differing land use by a public street, roadway or alley shall be screened from adjacent differing land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be (d) (e) (f) (g) 8e¢tion 8: 5A.208(1 ) (a) (b) (c) (d) (e) such to achieve seventy-five (75) percent capacity year-round. Other Parking Lot Screening. All parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to §5A.207(1 )(c) must either provide screening pursuant to §5A.207 (1) (c) or provide a minimum on one deciduous tree for every forty-five (45) feet or portion thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is located. Fences. All fences and screening devices shall be built and regulated in accordance with Chapter 6, Article IV of the Columbia Heights City Code, which is incorporated herein by reference. Outside storage of articles, equipment, construction materials, items not designed for exterior use, and miscellaneous items, including but not limited to, lawn mowers and other lawn maintenance equipment shall not be allowed. A weather tight, rodent-proof storage building or shed must be constructed for storage of items not storable within the building. Variances under §5A.207 shall be enfomed and administered in accordance with §5A.208(2). Exterior Parking, Pedestrian Walkways and Lighting. No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any building or structure in existence upon the effective date of this Ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1998. The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. All required parking spaces must be surfaced with asphalt or concrete. Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. An unobstructed path must be provided between parking areas and the dwelling unit. (f) (g) (h) (i) 5A.20S (2) Section 9: 5A.209 (1) (a) (b) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways. Between the parking area and the dwelling unit for dwellings of two (2) or less units. In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1998. Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to a variance. Fire Safety No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit; Every existing dwelling unit shall be provided with smoke detectors conforming to U.B.C. Standard No. 43-6. Detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detectors shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. In new construction of any dwelling unit and in common hallways and other common areas of existing units, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for over current protection. (c) Section 10: 5A.210(1) Section 11: 5A.211(1) 5A.211(2) 5A.211 (3) 5A.211(4) 5A. 2 11 (5) No person, firm, or corporation shall tamper with any smoke detection device. Any person, firm, or corporation proven to have tampered with any smoke detection device shall be guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine of not more than two hundred ($200.00) dollars. Discontinuance of Service or Facilities. No owner, operator or occupant shall cause any service, facility equipment or utility which is required under this Ordinance to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit except for temporary interruptions as may be necessary while actual repairs or alterations are made or during temporary emergencies. Public Health and Safety Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. Prevention of Food for Rodents. No owner or occupant of a dwelling or dwelling unit shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. Responsibility for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent-proof or reasonable vermin-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more 5A.211 (6) 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 Section 1: 5A.301 (1) Section 2: 5A.302 (1) Section 3: 5A.303 (1) 5A.303 (2) (a) III 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. Inspection Access If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises, or any part thereof, for an inspection authorized by this Ordinance, the Enforcement Official may, upon a showing that probable cause exists for the inspection or for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit or multiple dwelling, petition and obtain an order to inspect and/or search warrant from court of competent jurisdiction. Inspections 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). Inspections on individual dwelling units shall be required for tenant occupancy changes under the following conditions; During each of the past two years that the owner or landlord has applied for license renewal, they have failed to correct Housing Maintenance Code violations on a timely basis, as evidenced by two written Compliance (b) Section 4: 5A.304(1 ) (a) (b) (c) (d Orders by the Inspection Department or Enforcement Officer of the City of Columbia Heights; or 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. Compliance Order Whenever the Enforcement Officer determines that any dwelling, dwelling unit or the premises surrounding any of these fails to meet the provisions of this Ordinance, he/she may issue a Compliance Order setting forth the violations of the Ordinance and 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 Be served upon the owner of his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is: (1) Served upon him/her personally, (2) Sent by certified mail return receipt requested to his/her last known address, or, 5A.304(2) Section 5: 5A.305(1 ) Section 6: 5A.308(1 ) Section 7: 5A.307(1 ) Article IV (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 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. Posting to Prevent Occupancy 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. 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 Ordnance or upon a misstatement or mistake of fact, such person may appeal as set forth in §6.202(1 ). Board of Appeals Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under 5A.303(1). All appeals shall be conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition, International Conference of Building Officials. Licensing Section 1: License Required 5A.401 (1) Section 2: 5A.402(1) (a) (b No person, firm or corporation shall operate a rental dwelling in the City without having first obtained a license as hereinafter provided from the Building Official. Each such license shall register annually with the City. If the license in denied, no occupancy of dwelling units then vacant or which become vacant is permitted until a license has been issued. Apartment units within an unlicensed apartment building for which a license application has been made and which units are in compliance with this Chapter 5A and with {}6.202(1) may be occupied provided that the unlicensed units within the apartment building do not create a hazard to the health and safety of persons in occupied units. License Procedures Within 180 days after the passage of Chapter 5A, the owner of any rental unit within the City shall apply to the Building Official for a rental housing license in the manner hereafter prescribed. Application shall be made on forms provided by the City and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of an apartment building or rental home constructed after the date of passage of this Ordinance shall obtain a license prior to actual occupancy of any rental unit therein. Applicants shall provide the following information on license applications: fi) Name and address of owner of the rental dwelling and the name and address of the operator or agent actively managing said rental dwelling. (2) The name and address of the vendee if the rental dwelling is being sold on a contract for deed. (3) The legal description and address of the rental dwelling. (4) The number and kind of units within the rental dwelling, the floor area for each such unit and the total floor area for the building. (5) The number of toilet and bath facilities shared by the occupants of two or more dwelling units. (6) A description of the type of construction of the exterior of the building. (7) The number of paved off-street parking spaces available. (C) Section 3: 5A.403(1) Section 4: 5A.404(1) 5A.404(2) Section 5: 5A.405(1 ) (s) Name and address of person to whom owner/applicant wishes a certified letter to be sent for purposes of §5A.303 (1)(d). (9) All owners of rental dwellings shall provide telephone access number(s) to be used in emergency situations, including emergency maintenance and repair. This requirement shall be a condition precedent to the issuance of any rental license. (10) Such other information as the administrative service shall require. Said information may include, but is not limited to tenant lists which include tenants name, unit, and identifying information (i.e. date of birth, social security number, driver's license number). Failure to complete, in full, the required license application shall be grounds for denial of the license. Application and Inspection 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. Issuance of Rental Housing License If the rental dwelling is in compliance with the requirements of the Code, a license shall be issued to the present owner, occupant or agent shall state that the structure has been inspected and is in compliance with the requirements of the Code. The present owner or any agent designated by the present owner or occupant shall obtain a license. If the City finds that the circumstances of occupancy following the issuance of the license involve possible Code violations, substandard maintenance or abnormal wear and tear, the City may again inspect the premises during the licensing period. The City may by Council resolution establish a reinspection fee. If a dwelling unit is not currently licensed, no license may be issued until all outstanding reinspection fees shall have been paid. If a dwelling unit is licensed, the license for such dwelling unit shall expire twenty (20) days after the licensee or his agent is notified of the outstanding reinspection fees, unless payment is made before the expiration of the twenty (20) day period. License Display A license issued under this Chapter shall be conspicuously displayed on Section 6: 5A.406(1 ) Section 7: 5A.407(1 ) (a) (b) (c) (d) the rental premises wherever feasible. The licensee shall promptly produce the license upon demand or a prospective tenant or the Building Official or his/her authorized representative. License Transfer The license is transferable upon application to the Building Official and payment of the license transfer fee by the prospective owner if the licensed premises is in compliance with the Code. The license shall terminate if renewal or application for transfer is not made within 30 days after transfer of ownership of the dwelling unit. The amount of the transfer shall be set by resolution of the Council. License Renewal All rental licenses shall be effective for a period of one year. However, renewal of licenses, as required annually by this Code, may be made by: Completing the renewal form furnished to the owner, operator, or agent of the rental dwelling, by the City Inspection Department, and Attendance by the landlord or property manager at three or more hours of continuing education relevant to the operation or management of rental property during the last year. The City Council shall set by resolution, the types of continuing education meeting this requirement; and Mailing the renewal form together with proof of completion of three hours of training and the required registration fee to the City Inspection Department, and Successful completion of the annual Housing Maintenance Code inspection as required by Section 5A.303 (1) of this Ordinance. Such renewal shall only be effective upon successful completion of all the above set forth requirements. Further, said renewal or registration may be made only when no change in ownership, operation, agency or type of occupancy of the rental dwelling has occurred in the last licensing year. Section 8: 5A.408(1 ) Suspension or Revocation A license issued or renewed under this section may be revoked or suspended upon a finding of noncompliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for 5A.408(2) (a) (b) (C) 5A.408(3) 5A.408(4) Section 9: 5A.409(1 ) Section 10: 5A.410 (1) (a) (b) obtaining an initial license. The Council may, for cause, revoke or suspend a license, or take other action restricting the privileges of a license subject to the following requirements: The City, through its Enforcement Officer, provide the licensee with a written statement or reasons or causes for the proposed Council action together with a notice for public hearing. The council shall conduct a public hearing on the proposed action and provide findings of fact and citations to any ordinances or regulations that have been violated, together with a statement of action taken and the conditions of any resulting revocation, suspension, or other action restricting the privileges of the licensee. 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. 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. Nondisclosure, misrepresentation or misstatement of a material fact in any application for a license under this chapter shall be a prima facie showing of cause for revocation, suspension, or other such action restricting the privileges of a licensee as the Council may determine. License Fees License fees, inspection fees, and reinspection fees shall be established by Council resolution. Conduct on Licensed Premises It shall be the responsibility of the licensee to take appropriate action following conduct by persons occupying the premises which is determined to be disorderly, in violation of any of the following statutes or ordinances: MN Stat. §609.75 through 609.76, which prohibit gambling; MN Stat. §609.321 through 609.324 which prohibit prostitution and acts (C) (e) (f) (g) (h) (i) O) (k) 5A.410(2) 5A.410(3) 5A.410(4) 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 MN Stat. §609.72, which prohibits disorderly conduct. MN Stat. §609.221 through 609.224, which prohibits assaults, including domestic assault as defined in MN Stat. § 518B.01. Violation of laws relating to contributing to need for protection or services or delinquency of a minor as defined in MN Stat. §260.315. Section 8.201 et al. Of this Ordinance which relates to animal noises and public nuisances. The Police Chief (Department) shall be responsible for enforcement and administration of this section. Upon determination by the Police Chief (Department) that a licensed premises was used in a disorderly manner, as described in section (1), the Police Chief (Department) shall notify the licensee by mail of the violation and direct the licensee to take steps to prevent further violations. If another instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice in subsection (3) was given, the Police Chief (Department) shall notify the licensee by mail of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Police Chief (Department) within 5 days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises 5A.410(5) 5A.410(6) 5A. 410(7) Article V: Section 1: 5A.501 (1) within the preceding three (3) months. If the licensee fails to comply with the requirements of this subsection, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief (Department) in the manner describe( in Sections 5A.408 (1) through 5A.408 (4). If another instance of disorderly use of the licensed premises occurs within three (3) months after any two (2) previous instances of disorderly use for which notices were sent to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief (Department) in the manner described in Sections 5A.408 (1) through 5A.408 (4). No adverse license action shall be imposed where the instance or disorderly use of a licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises, where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly Use. A determination that the licensed premises has been used in a disorderly manner as described in subsection (1) shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of criminal charges operate as a bar to adverse license action under this section. Remedies Hazardous Building Declaration In the event that a dwelling has been declared unfit for human habitation and the owner has not remedied the effects within a prescribed reasonable time, the dwelling may be declared a hazardous building and treated in accordance with the provisions of Minnesota Statutes. Section 2: 5A.502(1 ) Section 3: 5A.503(1 ) Section 4: 5A.504(1 ) Article Vh 5A.601 5A.602 Secure Unfit and vacated Dwellings The owner of any dwelling or dwelling unit which has been declared unfit for human habitation or which is otherwise vacant for a period of 60 days or more shall make the same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at the doors, windows or other wall openings, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and shall constitute a public nuisance within the meaning of this Code. Failure to Comply Upon failure to comply with a Compliance order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council, after due notice to the owner, may by resolution declare the condition to constitute a public nuisance and cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in accordance with Minnesota Statutes Chapter 429, for abatement of nuisances and specifically for the removal or elimination of public health or safety hazards from private property. Any assessment levied thereunder shall be payable in a single installment. The intent of this section is to authorize the City to utilize all of the provisions of this Code and of Minnesota law to protect the pubiic's health, safety and general welfare. Remedies Cumulative Any remedies pursued under this §5A.501 to 5A.503, inclusive, are in addition to the remedies or penalties prescribed under §5A.601 to 5A.611, inclusive. Penalties No person, firm, corporation, or licensee shall own and maintain or operate or rent to any other person for occupancy any rental dwelling, rental dwelling unit, or premises in which a rental dwelling unit is located in violation of Chapter 5A, Article II (§5A.201, et. seq.), maintenance standard. No person, firm or corporation shall operate a rental dwelling or dwelling unit without a license issued pursuant to this Chapter or accept rental payments from a tenant of any unlicensed dwelling or dwelling unit which 5A.603 5A.604 5A.605 5A.606 5A.607 5A.608 5A.609 5A.610 5A.611 payment is for occupancy for a period during which the dwelling or dwelling unit is not license pursuant to this Chapter. No person, firm, corporation or licensee shall refuse or fail to allow the Building Official to enter a dwelling or unit for the purposes of inspection when authorized by this Chapter. No person, firm, corporation or licensee shall fail or refuse to obey a Compliance Order validly issued under this Code. No person, firm or corporation shall give or submit false information on a license application or any renewal thereof. No person who is an occupant of a rental dwelling or rental dwelling unit shall cause a rental dwelling, rental dwelling unit or the premises on which a rental dwelling unit is located to become in violation of any of the maintenance standards set forth in Chapter 5A, Article II (§5A.201, et. seq.), normal wear and tear excepted. No person shall occupy an unlicensed dwelling or dwelling unit if such dwelling unit is required to be licensed under this Chapter. No occupant of any rental dwelling or rental unit shall fail to allow or refuse entry to the Building Official, for purposes of inspection when authorized by this Code. No person may occupy a dwelling or property posted pursuant to §5A.304. No person, firm or corporation, including an owner, licensee or occupant, shall remove or tamper with a placard used for posting property pursuant to this Chapter. Any person, firm or corporation who violates or refused to comply with any of the provisions of this Chapter is guilty of a misdemeanor, unless herein specifically noted. Upon conviction of said misdemeanor they shall be subject to a fine of not more than seven hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Each day that a violation exists shall constitute a separate offense. Shall hereafter read as follows, to wit: Chapter 5A RESIDENTIAL MAINTENANCE CODE Article I General Provisions Section 1: 5A.101(1) (a) (b) (C) (d) (e) (f) 5A.101(2) Statement of Purpose The purpose of the Residential Maintenance Code (hereinafter referred to in Chapter 5A as "Code") is to protect the public health, safety and general welfare of the people of this City. These objectives include, among others, the following; To protect the character and stability of residential areas within the city; To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health; To provide minimum standards for heating, for sanitary equipment and for light and ventilation necessary to protect the health and safety of occupants of building; To prevent the overcrowding of dwellings; To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight; To preserve the value of land and buildings throughout the city. With respect to disputes between landlords and tenants, and except as otherwise specifically provided by terms of this Ordinance, the City Council will not intrude upon the accepted contractual relationships between landlords and tenants. The City Council will not intervene as an advocate of either party, nor will it act as an arbiter, nor will it be receptive to complaints from landlords or tenants which are not specifically and clearly relevant to the provisions of this Code. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. In enacting this Code, the Council does not intend to interfere or permit interference with legal rights to personal privacy. Section 2: Applicability 5A. 02( ) Section 3: 5A.103(1) (a) (b) (C) (d) (e) (f) (g) This Code establishes minimum standards for maintaining dwellings, accessory structures and premises. This Code is intended to provide standards for housing. Applicable requirements shall apply to all apartment units, homes, accessory structures, rooming houses, lodging and/or boarding houses and house trailers used or intended for use for human habitation. Definitions The following definitions shall apply in the interpretation and enforcement of this Code, to wit; Accessory Structure. A structure subordinate to the main or principal dwelling or dwellings which is not authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. Apartment Unit. Apartment, apartment unit, dwelling unit, or unit means a room or group of rooms located within a building which form a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking or eating. Approved. An indication that an item meets construction, installation, and maintenance standards of the State of Minnesota and of this Code. Basement. Any floor level below the first story in a building, except that floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, and, when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. Clean. The absence of rubbish, garbage, vermin or other unsightly, offeRsive Of extraneous matter. Dwelling. A structure or portion thereof designed exclusively for residential occupancy, including boarding and lodging houses, but not including hotels and motels. (h) Dwelling Unit. Dwelling unit has the same meaning as apartment unit (within this Code). (i) (k) (I) (m) (n) (o) (p) (q) (r) (s) (t) Exit. A continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit courts and yards. Family. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household and using common cooking and kitchen facilities. Functioning. In such physical condition as to safely perform the service or services for which an item is designed or intended. Garbage. Garbage is defined in 5.605(2)(a). Habitable. A dwelling unit or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at faucet outlet. Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 Edition, as amended, International Conference of Building Officials. Housing Enforcement Officer. Agent designated by the City Manager to enforce provisions of the Residential Maintenance Code. Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other pest. Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food or preparation of meals. Occupant. Any person (including owner or operator) living, sleeping, cooking or eating within a dwelling unit. Owner. Any person, firm or corporation who, alone, jointly or severally with others, shall be in actual possession of, or have charge, care control of any dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Also, any person, firm or corporation who has the right to determine who occupies a rental structure (even though that right may be subject to a lease or rental agreement), or a person, firm, corporation who shall have the power to rent or let premises to another for (U) (v) (w) (X) (y) (z) (aa) (bb) (CC) (dd) (ee) purposes of this Code. Person. Any individual, firm, partnership, association, corporation, company or a joint venture or organization of any kind. Premises. A platted lot or part thereof or unplatted parcel of land, and adjacent right-of -way either occupied or unoccupied by any dwelling or structure. Public Hall. A hall, corridor or a passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. Rental Dwelling. Any dwelling for hire with one or more living units, except such dwellings for which all units are occupied by the owner or persons who are the owner's child, stepchild, daughter-in-law, son-in-law, parent, stepparent, parent-in-law, grandchild, grandparent, brother, brother-in-law, sister, sister-in-law, aunt or uncle. Rental dwellings for purposes of this Code do not include hotels, motels, hospitals or homes for the aged. Repair. Repair shall mean to restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last as long as with the replacement by new items. Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat. Replace or Replacement. To remove an existing or potion of a system and to construct or install a new item or a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical. Rooming Houses. Any group of rooms which form single habitable units used or intended to be used for living and sleeping, but not for cooking or eating purposes. Rubbish. Rubbish is defined in 55.605(2) (b) of this City Code. Safe. The condition of being flee from danger and hazards which may cause accidents or disease. Story, First. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than fifty percent of the total perimeter, or more than eight feet below grade, as (ff) (gg) (hh) 5A.103(2) Article II Section 1: 5A.201 (1) (a) (b) (C) defined herein, at any point. Unsafe. As applied to a structure, a condition or a combination of conditions which am dangerous or hazardous to persons or property. Unsanitary. Conditions which am dangerous or hazardous to the health of persons. Water Closet. A toilet, with a bowl and trap made in one piece, which is connected to the City water and sewage system or other approved water supply and sewer system. Whenever the words "dwelling," "dwelling unit," "unit," "premises," or "structures" are used in this Chapter, they shall be construed as though they were followed by the words "or any part thereof." Minimum Standards Basic Equipment and Facilities No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit; Kitchen Sink. Each dwelling unit must contain a kitchen sink in good working condition and properly connected to an approved water supply system and which provides at all times an adequate amount of heated and unheated running water under pressure and which is properly connected to the city sewage system. Kitchen Storage. Each dwelling unit must contain a counter or table for food preparation and must contain cabinets and/or shelves for storage or eating, drinking and cooking equipment and utensils and of food that does not require refrigeration for safekeeping. All cabinets, shelves, counter tops, and tables shall be of sound construction covered with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. Food Storage and Preparation. Each dwelling unit must contain an operational and functioning stove for cooking food and a refrigerator for the safe storage of food which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove or refrigerator need not be installed when a dwelling unit is not occupied and when the occupant is required to provide a stove or refrigerator on occupancy. If the occupant is required to furnish a stove or refrigerator, (d) (e) (f) (g) sufficient space and adequate functioning connections for the installation and operation of the stove and refrigerator must exist. Toilet Facilities. Every dwelling unit shall contain a nonhabitable room which is equipped with a flush water closet in compliance with §6.201 (1). Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be properly functioning, and shall be connected to the City sewer system. Lavatory Sink. Every dwelling unit shall contain a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working and functioning condition, shall be properly connected to an approved water system, shall provide at all times an adequate amount of heated and unheated running water under pressure, and shall be connected to the City sewer system. Bathtub or Shower. Every dwelling unit shall contain a nonhabitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. A bathtub or shower shall be properly connected to an approved water supply system, shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to the City sewer system. Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every flight of stairs which is four risers or more high shall have handrails which conform to the standards set forth in §6.201(1). Every porch, balcony or deck which is more than thirty (30) inches high shall have a guardrail located at least thirty-six (36) inches above the floor of the porch or balcony. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load or one hundred (100) pounds per square foot of horizontal projection. (h) (i) (j) Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. All buildings and/or maintenance improvements inspected pursuant to Chapter 5A, the Residential Maintenance Code, shall be judged and inspected in accordance with the applicable Uniform Building Code and Uniform Fire Code, as follows: Existing Installation. Buildings in existence at the time of the adoption of the Code may have their use or occupancy continued, if such use or occupancy was legal at the time of the adoption of the code, provided such continued use is not dangerous to life. (2) Maintenance. All buildings and structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the Code shall be maintained in conformance with the code edition under which installed. All repairs, replacements or maintenance to the structure or dwelling unit shall be installed or made so as to be compatible with the surrounding building materials and general appearance of the existing area. Section 2: 5A.202(1) (a) Door and Window Locks No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating unless all exterior doors of the dwelling or dwelling unit are equipped with safe and functioning door and window locks which comply with the following requirements, to wit: When access to a dwelling unit door is gained through a common corridor or entrance in a dwelling in which four (4) or more dwelling units share a common entrance or corridor, an approved system of controlled access shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from the hallways into individual dwelling units. Dead-latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of the building entrance doora. 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 appreved solid-core construction. Said replacement shall occur when any such door is in violation of this section and repairs cannot effectively correct the violation. Section 3: Light, Ventilation, and Electric 5A.203(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking, or eating therein which does not comply with the following requirements, to wit: (a) Habitable Room Ventilation. Every habitable room shall have at least one window facing directly outdoors which can be easily opened unless the room contains, in lieu thereof, another device affording ventilation which has been approved by the Building Official. The minimum total of openable window area in every habitable room shall be the greater of four pement (4%) of the floor area of the room or four (4) square feet. (b) Sleeping Room Egress. Sleeping rooms in buildings existing prior to this code must have window or door openings for egress of no less than four (4) square feet or the minimum size required by the Building Code in effect when the dwelling was constructed. Space that is added on or converted to sleeping rooms must meet the applicable codes at the time of conversion for habitable rooms and provide a means of egress with openable area of no less than 5.7 square feet. 0) Nonhabitable Room Ventilation. Every bathroom, water closet compartment, laundry room, utility room, or other nonhabitable room shall contain a minimum total of openable window area of no less than 1.5 square feet, except that no windows shall be required if such rooms are equipped with a functioning ventilation system which is approved by the Building Official. (d) Electrical Service, Outlets, and Fixtures. Every dwelling unit and all public and common areas shall be supplied with functioning electrical service, functioning over current protection devices, functioning electrical outlets, and functioning electrical fixtures which are properly installed, which shall be maintained in a safe working condition and which shall be connected to a source of electric power in a manner prescribed by §6.201(1). The minimum capacity of such electric outlets and fixtures shall be as follows: fi) A dwelling containing two or more units shall have at least the equivalent or sixty (60) ampere, three-wire electric service per dwelling unit. (2) Each dwelling unit shall have a least one branch electric circuit for each six hundred (600) feet of dwelling unit floor area. (3) Every habitable room shall have at least the lessor of two floor or wall type electric convenience outlets or one such outlet for each sixty (60) square feet or fraction thereof of total floor area; provided, however, the one ceiling or wall type light fixture may be substituted for one required electric outlet. (4) Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall type electric light fixture, and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. (5) Every public hall and stairway in every rental dwelling shall be effectively illuminated by natural or electric light at all times. In structures containing not more than two dwelling units, conveniently located functioning light switches controlling an adequate functioning lighting system which may be turned on when needed may be substituted for full-time lighting. Section 4: 5A.204(1 ) Minimum Thermal Standards No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein unless such dwelling or dwelling unit shall have heating facilities which are properly installed and maintained in safe and functioning condition, which are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least seventy (70) degrees Fahrenheit at a distance of three (3) feet above floor level and at three (3) feet from exterior walls, and which shall comply with the following requirements, to-wit: (a) (b) (c) (d) Section 5: 5A.205(1 ) (b) Gas or electrical appliance designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame or the use of liquid fuel shall not be considered as heating facilities within the meaning of this section and is prohibited. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. No owner shall supply portable electric heaters to comply with this § 5.204(1). Foundation, Exterior Walls, and Roofs No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the following requirements, to-wit; The foundation, exterior walls and exterior roof shall be water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rein 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 rein water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be covered by paint or other protective covering or treatment which protects the exterior surfaces from elements and decay in a functioning manner. If 25% or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be protected as heretofore provided. Windows, Doors and Screens. Every window, exterior door and hatchway shall be tight and shall be kept in repair. Every window other than fixed window shall be capable of being easily opened and shall be equipped with screens between May 1 and September 30, inclusive, of each year. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin, rodents, and insects from entering the building. (c) Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling (d) (e) (f) (g) (h) Section 6: 5A.206(1 ) (a) shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be maintained in a tight weatherproof condition and may not be covered wholly or partially by toxic paint or materials with a lasting toxic effect. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean state. Rodent Proof. Each part of every dwelling shall be rodent resistant. All openings in exterior walls, foundations, basements, ground or first floors or roofs which have an opening of ¼" diameter or larger shall be rodent- proofed in an approved manner. interior floors, basements, cellars and other areas in contact with the soil shall be enclosed with concrete or other rodent impervious material. Fence Maintenance. All fences on the premises where the dwelling or dwelling unit is located shall be maintained in accordance with §6.401 to §6.403, inclusive, of this City Code. Accessory Structure Maintenance. Accessory structures on the premises where the dwelling or dwelling unit is located shall be structurally sound and maintained in good repair. The exterior of such structures shall be covered with decay-resistant materials such as paint or other preservatives. Safe Building Elements. Every foundation, roof, floor, exterior wall, interior wall, ceiling, inside stair, outside stair, porch, balcony and every appurtenance to each of the foregoing shall be safe to use and capable of supporting normal structural loads. Facilities to Function. All equipment, utilities, chimney and flue required under City Code shall function effectively in a safe, sound and working condition. Maximum Density and Minimum Space for Rental Units No person shall rent or let to another for occupancy any rental dwelling for the purpose of living, sleeping, eating or cooking therein which does not comply with the following requirements, to-wit: Permissible Occupancy of Dwelling Unit. The maximum permissible occupancy of any rental dwelling unit shall be determined as follows: For the first occupant, 150 square habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. 5A.206(2) Section 7: 5A.207(1 ) (a) (b) (2) In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. No person shall occupy as an owner-occupant or let to another for occupancy any dwelling unit for occupancy by more than one family, other than for temporary guests. Screening and Landscaping No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the requirements of this §5A.207 Definitions. For the purposes of this Section, the following terms shall have the meanings stated: fi) Fence. Any partition, structure, wall, or gate erected as a divided marker, barrier, or enclosure, and located along the boundary or within the required yard. (2) Landscape. Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor finishings. (3) Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top beside, or adjacent to a building. (4) Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a plating area. (5) Screening. A barrier which blocks all views from public roads and differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. fi) Sodding and Ground Cover. All exposed ground area surrounding he principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape materials. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. (2) Slopes and Berms. Final grades with a slope ratio of greater than three (3) to one (1) will not be permitted without special approved treatment such as special weed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of three (3) to one (I). (3) Maintenance. Any dead trees, shrubs, ground covers and sodding shall be removed and/or replaced in accordance with this code. All trees or other vegetation which spring up in crevices by foundations must be promptly removed to avoid structural damage. (4) Placement of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road right-of-way, or immediately adjacent to any driveway or road intersection if such landscaping would interfere with a motorist's view of the street or roadway or with the use of the easement for its intended purpose. (5) Weeds. The maintenance and upkeep of all lawns and yards shall be subject to Chapter 4, Article II, Section 3 of the Columbia Heights City Code, which is incorporated herein by reference. (c) General Screening. All loading, service utility, mechanical equipment, and outdoor storage areas, including dumpsters and refuse containers for dwellings of three (3) or more units shall be screened from all public roads and adjacent residential uses of property. All parking lots for dwellings of three (3) or more units if the property on which the lot is located abuts a differing land use and is not separated from the differing land use by a public street, roadway or alley shall be screened from adjacent differing land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five (75) percent capacity year-round. (d) Other Parking Lot Screening. All parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to §5A.207(1 )(c) must either provide screening pursuant to §5A.207 (1) (c) or (e) (f) (g) Section 8: 5A.208(1 ) (a) (b) (c) (d) (e) (f) provide a minimum on one deciduous tree for every forty-five (45) feet or portion thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is located. Fences. All fences and screening devices shall be built and regulated in accordance with Chapter 6, Article IV of the Columbia Heights City Code, which is incorporated herein by reference. Outside storage of articles, equipment, construction materials, items not designed for exterior use, and miscellaneous items, including but not limited to, lawn mowers and other lawn maintenance equipment shall not be allowed. A weather tight, rodent-proof storage building or shed must be constructed for storage of items not storable within the building. Variances under §5A.207 shall be enforced and administered in accordance with §5A.208(2). Exterior Parking, Pedestrian Walkways and Lighting. No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any building or structure in existence upon the effective date of this Ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1998. The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. All required parking spaces must be surfaced with asphalt or concrete. Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. An unobstructed path must be provided between parking areas and the dwelling unit. Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways. Between the parking area and the dwelling unit for dwellings of two (2) or (g) (h) (i) 5A.208 (2) Section 9: 5A.209 (1) (a) (b) less units. In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1998. Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to a variance. Fire Safety No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit; Every existing dwelling unit shall be provided with smoke detectors conforming to U.B.C. Chapter 34. Detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. When a living unit has more than one floor or level, a detector shall be mounted on every level of the unit. Where sleeping rooms are on an upper level, the detectors shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. In new construction of any dwelling unit and in common hallways and other common areas of existing units, required smoke detectors shall receive their 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 (d) Section 10: 5A.210(1) Section 11: 5A.211(1) 5A.211(2) 5A.211 (3) 5A.211 (4) 5A.211 (5) smoke detection device shall be guilty of a misdemeanor pursuant to §5A.611. Combustible material shall not be stored in boiler rooms, mechanical rooms or electrical equipment rooms. Discontinuance of Service or Facilities. No owner, operator or occupant shall cause any service, facility equipment or utility which is required under this Ordinance to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit except for temporary interruptions as may be necessary while actual repairs or alterations are made or during temporary emergencies. Public Health and Safety Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. Prevention of Food for Rodents. No owner or occupant of a dwelling or dwelling unit shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. Responsibility for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent-proof or reasonable vermin-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any 5A.211(6) 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 Section 1: 5A.301 (1) Section 2: 5A.302 (1) Section 3: 5A.303 (1) 5A.303 (2) (a) III Inspection and Enforcement Enforcement and Inspection Authority 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. Inspection Access 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 Enfomement 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. Inspections 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). Inspections on individual dwelling units shall be required for tenant occupancy changes under the following conditions; During each of the past two years that the owner or landlord has applied for license renewal, they have failed to correct Residential Maintenance Code violations on a timely basis, as evidenced by two written Compliance (b) Section 4: 5A.304(1 ) (a) (b) (c) (d) (e Orders by the Housing Enforcement Officer of the City of Columbia Heights; or During the past year, two or more tenant complaints on single family/duplex/triplex have been received or four or more tenant complaints on a four-plex or other multiple dwelling have been received and substantiated (Residential Maintenance Code violations were issued based on the complaints). Multiple complaints arising out of the same maintenance problem, which occur within a period of one week, shall be considered to be one complaint for the purposes of this Section. If any one of the above set forth conditions occur, the Housing Enforcement Officer will notify the landlord, in writing, that the landlord will be hence forth required to have the building inspected upon each tenant occupancy change. It will also be the responsibility of the landlord to provide a list of current occupants and a 72 hour notification of a new tenant move-in. The tenant occupancy change inspections shall occur for a period of one year from the date of notification by the Housing Enforcement Officer, however, that time shall be extended if any of the above set forth conditions continue to exist. Compliance Order Whenever the Housing Enforcement Officer determines that any dwelling, dwelling unit or the premises surrounding any of these fails to meet the provisions of this Ordinance, he/she may issue a Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant, operator, or agent to correct such violations. The Compliance Order shall: Be in 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 Advise the person to whom the notice is directed of the right to appeal; and Be served upon the owner of his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is: (1) Served upon him/her personally, 5A.304(2) Section 5: 5A.305(1 ) Section 6: 5A.306(1 ) Section 7: 5A.307(1 ) (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 Appeals Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under 5A.303(1 ). All appeals shall be conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition, International Conference of Building Officials. Article IV Section 1: 5A.401 (1) Section 2: 5A.402(1 ) (a) (b Licensing License Required No person, firm or corporation shall operate a rental dwelling in the City without having first obtained a license as hereinafter provided from the Housing Enforcement Officer. Each such license shall register annually with the City. If the license in denied, no occupancy of dwelling units then vacant or which become vacant is permitted until a license has been issued. Apartment units within an unlicensed apartment building for which a license application has been made and which units are in compliance with this Chapter 5A and with §6.202(1 ) may be occupied provided that the unlicensed units within the apartment building do not create a hazard to the health and safety of persons in occupied units. License Procedures Within 180 days after the passage of Chapter 5A, the owner of any rental unit within the City shall apply to the Housing Enforcement Officer for a rental housing license in the manner hereafter prescribed. Application shall be made on forms provided by the City and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of an apartment building or rental home constructed after the date of passage of this Ordinance shall obtain a license prior to actual occupancy of any rental unit therein. Applicants shall provide the following information on license applications: fi) Name and address of owner of the rental dwelling and the name and address of the operator or agent actively managing said rental dwelling. (2) The name and address of the vendee if the rental dwelling is being sold on a contract for deed. (3) The address of the rental dwelling. (4) The number and kind of units within the rental dwelling, the floor area for each such unit and the total floor area for the building. (5) The number of paved off-street parking spaces available. (6) Name and address of person to whom ownedapplicant wishes a certified letter to be sent for purposes of §5A.303 (1)(d). (c) Section 3: 5A.403(1 ) Section 4: 5A.404(1 ) 5A.404(2) Section 5: 5A.405(1 ) (7) All owners of rental dwellings shall provide telephone access number(s) to be used in emergency situations, including emergency maintenance and repair. This requirement shall be a condition precedent to the issuance of any rental license. (8) Such other information as the administrative service shall require. Said information may include, but is not limited to tenant lists which include tenants name, unit, and identifying information (i.e. date of birth, social security number, driver's license number). Failure to complete, in full, the required license application shall be grounds for denial of the license. Application and Inspection When required in accordance with the city's "Rental Inspection Policy" the Housing Enforcement Officer shall cause an inspection to be made of the premises to insure that the structure is in compliance with the requirement of the Code prior to issuance of a Rental Housing License. Issuance of Rental Housing License If the rental dwelling is in compliance with the requirements of the Code, a license shall be issued to the present owner, occupant or agent shall state that the structure has been inspected and is in compliance with the requirements of the Code. The present owner or any agent designated by the present owner or occupant shall obtain a license. If the City finds that the circumstances of occupancy following the issuance of the license involve possible Code violations, substandard maintenance or abnormal wear and tear, the City may again inspect the premises during the licensing period. The City may by Council resolution establish a re~nspection 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. License Display A license issued under this Chapter shall be conspicuously displayed on the rental premises wherever feasible. The licensee shall promptly produce the license upon demand or a prospective tenant or the Housing Enforcement Officer or his/her authorized representative. Section 6: 5A.406(1 ) Section 7: 5A.407(1 ) (b) (C) License Transfer The license is transferable upon application to the Housing Enforcement Officer and payment of the license transfer fee by the prospective owner if the licensed premises is in compliance with the Code. The license shall terminate if renewal or application for transfer is not made within 30 days after transfer of ownership of the dwelling unit. The amount of the transfer shall be set by resolution of the Council. License Renewal All rental licenses shall be effective for a period of one year. However, renewal of licenses, as required annually by this Code, may be made by: Completing the renewal form furnished to the owner, operator, or agent of the rental dwelling, by the Housing Enforcement Officer and Mailing the renewal form and the required registration fee to the Housing Enforcement Officer, and Successful completion of the Housing Maintenance Code inspection as required by Section 5A.303 (1) of this Ordinance. Such renewal shall only be effective upon successful completion of all the above set forth requirements. Further, said renewal or registration may be made only when no change in ownership, operation, agency or type of occupancy of the rental dwelling has occurred in the last licensing year. Section 8: 5A.408(1 ) 5A.408(2) (a) Suspension or Revocation A license issued or renewed under this section may be revoked or suspended upon a finding of noncompliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. The Council may, for cause, revoke or suspend a license, or take other action restricting the privileges of a license subject to the following requirements: The City, through its Housing Enforcement Officer, provide the licensee with a written statement or reasons or causes for the proposed Council action together with a notice for public hearing. (b) (C) 5A.408(3) 5A.408(4) Section 9: 5A.409(1 ) Section 10: 5A.410 (1) (a) (b) (c) (d) (e) The council shall conduct a public hearing on the proposed action and provide findings of fact and citations to any ordinances or regulations that have been violated, together with a statement of action taken and the conditions of any resulting revocation, suspension, or other action restricting the privileges of the licensee. The Housing Enforcement Officer shall forward the findings and statement of action taken to the person in whose name said license was issued by mailing the same to the mailing address indicated on the license application. A violation of any provision of this chapter or of state law, prescribing standards of conduct or regulations governing a licensee; the particular type of business or commercial activity or trade or occupation that is licensed; or the premises where the licensed activity is conducted; shall be a prima facie showing of cause for revocation, suspension, or other action restricting the privileges of a licensee as the council may determine. Nondisclosure, misrepresentation or misstatement of a material fact in any application for a license under this chapter shall be a prima facie showing of cause for revocation, suspension, or other such action restricting the privileges of a licensee as the Council may determine. License Fees License fees, inspection fees, and reinspection fees shall be established by Council resolution. Conduct on Licensed Premises It shall be the responsibility of the licensee to take appropriate action following conduct by persons occupying the premises which is determined to be disorderly, in violation of any of the following statutes or ordinances: MN Stat. 5609.75 through 609.76, which prohibit gambling; MN Stat. 5609.321 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. 5609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house; (f) Section 10.312 of this code, which prohibits noisy assemblies; (g) MN Stat. §97B.021,97B.045,609.66 through 609.67 and 624.712 through 624.716, and section 10.307 of this code, which prohibit the unlawful possession, transportation, sale or use of a weapon; or (h) MN Stat. §609.72, which prohibits disorderly conduct. (i) MN Stat. §609.221 through 609.224, which prohibits assaults, including domestic assault as defined in MN Stat. § 518B.01. Violation of laws relating to contributing to need for protection or services or delinquency of a minor as defined in MN Stat. §260.315. (k) Section 8,201 et al. of this Ordinance which relates to animal noises and public nuisances. 5A.410(2) The Police Chief (Department) shall be responsible for enforcement and administration of this section. 5A.410(3) Upon determination by the Police Chief (Department) that a licensed premises was used in a disorderly manner, as described in section (1), the Police Chief (Department) shall notify the licensee by mail of the violation and direct the licensee to take steps to prevent further violations. 5A.410(4) If another instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice in subsection (3) was given, the Police Chief (Department) shall notify the licensee by mail of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Police Chief (Department) within 5 days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three (3) months. If the licensee fails to comply with the requirements of this subsection, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief (Department) in the manner describe( in Sections 5A.408 (1) through 5A.408 (4). 5A.410(5) If another instance of disorderly use of the licensed premises occurs within 5A.410(6) 5A. 410(7) Article V: Section 1: 5A.50~ (~) Section 2: 5A.502(1 ) three (3) months after any two (2) previous instances of disorderly use for which notices were sent to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief (Department) in the manner described in Sections 5A.408 (1) through 5A.408 (4). No adverse license action shall be imposed where the instance or disorderly use of a licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises, where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. A determination that the licensed premises has been used in a disorderly manner as described in subsection (1) shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of criminal charges operate as a bar to adverse license action under this section. Remedies Hazardous Building Declaration In the event that a dwelling has been declared unfit for human habitation and the owner has not remedied the effects within a prescribed reasonable time, the dwelling may be declared a hazardous building and treated in accordance with the provisions of Minnesota Statutes. Secure Unfit and Vacated Dwellings The owner of any dwelling or dwelling unit which has been declared unfit for human habitation or which is otherwise vacant for a period of 60 days or more shall make the same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at the doors, windows or other wall openings, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and shall constitute a public nuisance Section 3: 5A.503(1) Section 4: 5A.504(1 ) Section 5: 5A.505(1 ) 5A.505(2) 5A.505(3) within the meaning of this Code. Failure to Comply Upon failure to comply with a Compliance order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council, after due notice to the owner, may by resolution declare the condition to constitute a public nuisance and cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in accordance with Minnesota Statutes Chapter 429, for abatement of nuisances and specifically for the removal or elimination of public health or safety hazards from private property. Any assessment levied thereunder shall be payable in a single installment. The intent of this section is to authorize the City to utilize all of the provisions of this Code and of Minnesota law to protect the public's health, safety and general welfare. Remedies Cumulative Any remedies pursued under this §5A.501 to 5A.503, inclusive, are in addition to the remedies or penalties prescribed under §5A.601 to 5A.611, inclusive. Cost Recovery The Council hereby authorizes the assessment of unpaid fees, fines, charges or expenses authorized by the Residential Maintenance Code pursuant to the provisions of the Columbia Heights City Charter. The Clerk shall establish a separate improvement fund for the administration of Residential Maintenance Code charges. The costs related to the Residential Maintenance Code shall be certified annually by the Housing Enforcement Officer to the Clerk for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. On or before August 1 of each year, the Clerk shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. 5A.505(4) 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 Vh 5A.601 5A.602 5A.603 5A.604 5A.605 5A.606 5A.607 5A.608 5A.609 5A.610 Penalties No person, firm, corporation, or licensee shall own and maintain or operate or rent to any other person for occupancy any rental dwelling, rental dwelling unit, or premises in which a rental dwelling unit is located in violation of Chapter 5A, Article II (§5A.201, et. seq.), maintenance standard. No person, firm or corporation shall operate a rental dwelling or dwelling unit without a license issued pursuant to this Chapter or accept rental payments from a tenant of any unlicensed dwelling or dwelling unit which payment is for occupancy for a period during which the dwelling or dwelling unit is not license pursuant to this Chapter. No person, firm, corporation or licensee shall refuse or fail to allow the Housing Enfomement Officer to enter a dwelling or unit pursuant to an administrative search warrant for the purposes of inspection when authorized by this Chapter. No person, firm, corporation or licensee shall fail or refuse to obey a Compliance Order validly issued under this Code. No person, firm or corporation shall give or submit false information on a license application or any renewal thereof. No person who is an occupant of a rental dwelling or rental dwelling unit shall cause a rental dwelling, rental dwelling unit or the premises on which a rental dwelling unit is located to become in violation of any of the maintenance standards set forth in Chapter 5A, Article II (§5A.201, et. seq.), normal wear and tear excepted. No person shall occupy an unlicensed dwelling or dwelling unit if such dwelling unit is required to be licensed under this Chapter. No occupant of any rental dwelling or rental unit shall fail to allow or refuse entry to the Housing Enforcement Officer, for purposes of inspection when authorized by this Code. No person may occupy a dwelling or property posted pursuant to §5A.304. No person, firm or corporation, including an owner, licensee or occupant, shall remove or tamper with a placard used for posting property pursuant to this Chapter. 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 GaryL. Peterson Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: February 14, 2000 AGENDA SECTION: NO: ITEM: NO: ITEMS FOR CONSIDERATION-- ORDINANCES & RESOLUTIONS SECOND READING OF ORDINANCE NO. 1405 PERTAINING TO THE PARK AND RECREATION COMMISSION ORIGINATING DEPARTMENT: CITY MANAGER' S CITY MANAGER ' S APPROVAL Attached is Ordinance NO. 1405, pertaining to the Park and Recreation Commission. The proposed ordinance removes councilmembers from serving as voting members on such commission. The councilmember currently serving on this commission as a voting member may continue to serve in that capacity until a citizen (replacement) is appointed. Moreover, once that occurs, a councilmember may serve as a liaison to the commission. According to the City Attorney, there is no need to include specific language in the ordinance addressing these issues. This ordinance had its first reading at the January 24, 2000, council meeting. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1405, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1405, being an ordinance pertaining to the Park and Recreation Commission. COUNCIL ACTION: 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. 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 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: February 14, 2000 AGENDA SECTION: NO: ITEMS FOR CONSIDERATION-- ORDINANCES & RESOLUTIONS ITEM: NO: SECOND READING OF ORDINANCE NO. 1406 PERTAINING TO THE HUMAN SERVICES COMMISSION ORIGINATING DEPARTMENT: CITY MANAGER ' S CITY MANAGER ' S APPROVAL Attached is Ordinance No. 1406, pertaining to the Human Services Commission. The proposed ordinance removes councilmembers from serving as voting members on such commission. The councilmember currently serving on this commission as a voting member may continue to serve in that capacity until a citizen (replacement) is appointed. Moreover, once that occurs, a councilmember may serve as a liaison to the commission. According to the City Attorney, there is no need to include specific language in the ordinance addressing these issues. This ordinance had its first reading at the January 24, 2000, council meeting. RECOMMENDED MOTION: Move to waive the reading Of Ordinance No. 1406, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1406, being an ordinance pertaining to the Human Services Commission. COUNCIL ACTION: 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) (b) (C) is hereby amended to read as 3.302 (3) 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. 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. The Council may terminate the appointment of any Commissioner by a majority vote without cause and without a hearing. follows: The Human Services Commission shall be composed of nine (9) members fi'om among the residents of the City who are at least 18 years of age. (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 heating. 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 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: February 14, 2000 AGENDA SECTION: NO: ITEM: NO: ITEMS FOR CONSIDERATION-- ORDINANCES & RESOLUTIONS SECOND READING OF ORDINANCE NO. 1407 PERTAINING TO THE PLANNING AND ZONING COMMISSION ORIGINATING DEPARTMENT: CITY MANAGER ' S CITY MANAGER ' S APPROVAL Attached is Ordinance No. 1407, pertaining to the Planning and Zoning Commission. The proposed ordinance removes councilmembers from serving as voting members on such commission. The councilmember currently serving on this commission as a voting member may continue to serve in that capacity until a citizen (replacement) is appointed. Moreover, once that Occurs, a councilmember may serve as a liaison to the commission. According to the City Attorney, there is no need to include specific language in the ordinance addressing these issues. This ordinance had its first reading at the January 24, 2000 council meeting. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1407, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1407, being an ordinance pertaining to the Planning and Zoning Commission. COUNCIL ACTION: 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: (a) 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 l~om among its membership, who shall serve at the will of the Council. The City Engineer, Zoning Administrator, Building Official and City Attomey shall serve as ex-officio members of the Commission. Co) 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. (c) 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: (a) 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 Attorney shall serve as ex- officio members of the Commission. (b) 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. (c) 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 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: February 14, 2000 AGENDA SECTION: NO: ITEMS FOR CONSIDERATION-- ORDINANCES & RESOLUTIONS ITEM: NO: SECOND READING OF ORDINANCE NO. 1408 PERTAINING TO THE TRAFFIC COMMISSION ORIGINATING DEPARTMENT: CITY MANAGER ' S CITY MANAGER ' S APPROVAL DATE: 1 - 26 ~~TE: ~ Attached is Ordinance No. 1408, pertaining to the Traffic Commission. The proposed ordinance removes councilmembers from serving as voting members on such commission. The councilmember currently serving on this commission as a voting member may continue to serve in that capacity until a citizen (replacement) is appointed. Moreover, once that occurs, a councilmember may serve as a liaison to the commission. According to the City Attorney, there is no need to include specific language in the ordinance addressing these issues. This ordinance had its first reading at the January 24, 2000, council meeting. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1408, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1408, being an ordinance pertaining to the Traffic Commission. COUNCIL ACTION: ORDINANCE NO. 1408 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE 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-fiRhs 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 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: February 14, 2000 AGENDA SECTION: ITEMS FOR CONSIDERATION-- ORDINANCES & RESOLUTIONS NO: ~ -~ ITEM: SECOND READING OF ORDINANCE NO. 1409 PERTAINING TO THE LIBRARY BOARD NO: ORIGINATING DEPARTMENT: CITY MANAGER'S CITY MANAGER'S APPROVAL Attached is Ordinance No. 1409, pertaining to the Library Board. The proposed ordinance removes councilmembers from serving as voting members on such commission. The councilmember currently serving on this commission as a voting member may continue to serve in that capacity until a citizen (replacement) is appointed. Moreover, once that occurs, a councilmember may serve as a liaison to the commission. According to the City Attorney, there is no need to include specific language in the ordinance addressing these issues. This ordinance had its first reading at the January 24, 2000, council meeting. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1409, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1409, being an ordinance pertaining to the Library Board. COUNCIL ACTION: ORDINANCE NO. 1409 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE LIBRARY BOARD 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 run 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 (I) A Library Board is hereby established which shall be composed of five (5) members to be appointed by the Cotmcil. 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: Second Reading: Date of Passage: January 24, 2000 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: February 14, 2000 AGENDA SECTION: ITEMS FOR CONSIDERATION-- ORIGINATING DEPARTMENT: CITY MANAGER'S ORDINANCES & RESOLUTIONS CITY MANAGER'S APPROVAL PERTAINING TO THE TELECOMMUNICATIONS ~6 ~ E: , COMMISSION NO: Attached is Ordinance No. 1410, pertaining to the Telecommunications Commission. The proposed ordinance removes councilmembers from serving as voting members on such commission. The councilmember currently serving on this commission as a voting member may continue to serve in that capacity until a citizen (replacement) is appointed. Moreover, once that occurs, a councilmember may serve as a liaison to the commission. According to the City Attorney, there is no need to include specific language in the ordinance addressing these issues. This ordinance had its first reading at the January 24, 2000, council meeting. RECOMMENDED MOTION: Move to waive the reading of Ordinance NO. 1410, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1410, being an ordinance pertaining to the Telecommunications Commission. COUNCIL ACTION: 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: 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(l) Columbia Heights Councilperson. Amajority 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. 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. 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 hereina~er. 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: 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. 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 Cotmcil. 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 fome and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: January24,2000 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of February 14, 2000 AGENDA SECTION: NO: Ordinances/Resolutions ITEM: NO: Establishing Fees for Housing Inspections as Authorized by Chapter 5A of City Code of 1977. ORIGINATING DEPARTMENT: Fire BY: Dana Alexon CITY MANAGER APPROVAL DATE: January 13, 2000 DATE: Background: Staff met with a sub-group of rental property owners on January 4, 2000 in an effort to learn more about their positions on the two items in question relating to changes proposed to Chapter 5A of City Code (the Housing Maintenance Code). One of the items in question, the proposal to allow property owners to be charged for expenses directly related to rental license revocation actions and any postings subsequent to a license revocation, is being removed from the proposed changes to the City Code. Staff met with a larger group of rental property owners (all 490 owners had been invited) on January 11, 2000. This meeting was a very productive exchange of ideas and viewpoints. Positions of both owners and the city regarding several areas, including the item above, were discussed at length. Both landlords and staff left the meeting with a better understanding of each other. Analysis: As a result of discussion at the January 4, 2000 meeting, staff is proposing that the fee structure for issues related to licensing of rental properties be modified. The portion of the fee structure being modified relates to certain re- inspections and to reinstatement of rental property licenses which have been revoked by action of the City Council. Fees for rental license-related activities are authorized by Chapter 5A and are established by Resolution of the City Council. RECOMMENDED MOTION: Move to waive the reading of Resolution #00- , there being ample copies available for the public. RECOMMENDED MOTION: Move to approve Resolution #00- , being a Resolution Establishing Fees for Housing Inspections as Authorized by Chapter 5A of City Code of 1977, as Amended. COUNCIL ACTION: RESOLUTION NO. 2000-11 BEING A RESOLUTION ESTABLISHING FEES FOR HOUSING INSPECTIONS AS AUTHORIZED BY CHAPTER 5A OF CITY CODE OF 1977 WHEREAS, 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 day of ,2000. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk Rental License Fee Structure Item Rental License - 1 or 2 units Rental License - 3 or 4 units Rental License - 5 or more units Reinspection Fee 1-3 Units Reinspection Fee 4+ Units License Reinstatement after Revocation or Suspension Fee $15,00 per unit $50,00 per building $50.00 for 1st 4 units + $5 per unit over 4 $50 for 1't & 2nd Reinspections $100 for 3'd & more $70 for 1 '~ & 2nd Reinspecitons $140 for 3rd & more 4 ~ times the annual license fee Fees shall not be charged for the initial inspection concerning any violation and for any inspection in which all violations are found to be corrected. AGENDA SECTION: NO: ITEM: Resolution 2000-12 NO: CITY COUNCIL LETTER Meeting o~ February 14, 2000 nt APPROVAL Issue Statement: Consideration of Resolution 2000-12, which is aresolution ofthe Columbia Heights City Council imposing a 120 day moratorium on the change in use of property within the business and industrial districts in the City of Columbia Heights. Backeround: During the work session on February 7, 2000, the Columbia Heights City Council expressed concerns about recent development trends in the City, particularly in downtown Columbia Heights. The possibility of a moratorium was discussed. Staff has drafted the attached resolution for Council consideration. Analysis: The proposed length of the moratorium is for 120 days which, in staff's estimation, is the minimum amount of time necessary to complete the Comprehensive Plan update, the Master Redevelopment Plan for Downtown Columbia Heights, and the rewrite of the Columbia Heights Zoning Code. Please note that the resolution includes language stating that the moratorium can be shortened or extended by the City Council. The proposed moratorium will impact all business and industrial districts in the City which includes the LB Limited Business District, the CBD Central Business District, the RB Retail Business District, the GB General Business District, the I Industrial District, and the I-2 Industrial District (see attached zoning map). Also, the language is drafted so that any change in use will not be allowed while the moratorium is in effect. 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, redevelopmerit of property, or new development. Activities affected by this moratorium include anything requiring action by the Planning and Zoning Commission, building permits for work involving structural changes, and change in tenant or owner-occupant of a property. However, it 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. Recommendation: Should the City Council deem it necessary to impose a moratorium in an effort to protect the health, safety, and welfare of the public, staff recommends that the following motions be made. Recommended Motions: Move to waive the reading of Resolution 2000-12, there being ample copies available to the public. Move to adopt Resolution 2000-12, being a Resolution of the Columbia Heights City Council imposing a 120 day moratorium on the change in use of property within the business and industrial districts in the City of Columbia Heights. Attachments COUNCIL ACTION: RESOLUTION 2000-12 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL IMPOSING A 120 DAY MORATORIUM ON THE CHANGE IN USE OF PROPERTY WITHIN THe: BUSINESS AND INDUSTRIAL 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, WHEHEAS, 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 and two industrial 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, the GB General Business District, the I Industrial District, and the I-2 Industrial District; and, W H E REAS, 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 and industrial 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 and industrial 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 and industrial distriets requiring action by the Planning and Zoning Commission, building permits for work involving structural changes, and change in tenant or owner-occupant of a 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 day of ,2000. Offered by: Seconded by: Roll Call: Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson CITY OF COLUMBIA HEIGHTS Meeting of: February 14, 2000 AGENDA SECTION: Other Business NO: "} ~C ' ITEM: Application for MHFA Community Fix-up Funds ORIGiNATiNG DEPARTMENT: Community Development BY: Kenneth R. Anderson d(l~ DATE: February 3, 2000 CITY MANAGER APPROVAL B Y ./'f/~ ISSUE STATEMENT: Consider proposal of Community Revitalization Resources (CRR) to participate in an application to the MHFA for Community Fix-up Fund monies to promote home improvement projects in Columbia Heights with the other 14 cities that co-sponsored the Remodeling Planbook for Post World War II Houses. BACKGROUND: Dave King of CRR has approached staff with the proposal to apply to the Minnesota Housing Finance Agency (MHFA) for Community Fix-up Funds jointly on behalf of the fifteen cities that co-sponsored the Remodeling Planbook for Post World War II houses. The Community Fix-up Fund application would be submitted and administered by CRR on behalf of the fifteen cities. In addition, a second proposal can be part of the application to the MHFA to obtain an MHFA match for the participating cities on a dollar to dollar basis to offer a Discount Loan Program. This program would allow each of the participating cities to buy down the MHFA interest rate from 8% to a lower percentage rate. CRR recommends that the participating cities offer a 6% rate. This recommendation is based on their experience that a 6% rate is very marketable to the public and is the most cost-effective rate for the City to subsidize. Their experience is such that the participation rate is significantly higher with the lower interest rates offered to the public. ANALYSIS: The portion of the proposal that will involve the Community Fix-up Funds will be targeted to offer owners of ramblers or cape cod style homes built prior to 1970 a financial incentive to remodel. Households with incomes less than $73,140 would be eligible. This maximum loan amount is $35,000. Currently, we make available through CRR the Minnesota Fund Fix-up Fund which has an income eligibility cap of $51,000. Therefore, this new proposal would offer, while targeted to only rambler and cape cod style homes built prior to 1970, an attractive program to persons with higher household incomes. Any programs that we can offer to facilitate remodeling and redevelopment of the community are viewed by staff as a positive initiative to make housing more attractive and functional for residents. The second part of the proposal would involve a financial contribution on the part of Columbia Heights. In the attached letter dated January 24, 2000, from Mr. King, he cites two examples of how a $50,000 commitment to an interest rate subsidy would benefit a $5,000 and a $10,000 loan. As you can see, the public purpose is to leverage additional financing to create home improvements in the City of Columbia Heights. The application is due to the MHFA in mid February. The timing for making these programs available to the Columbia Heights public is good because CRR is currently in the process of acquiring and rehabilitating a rambler in the City of Fridley. This rambler can serve as a model home to demonstrate the potential benefits of remodeling a rambler using these programs. RECOMMENDATION: Staff recommends the City Council participate in the Community Fix-up Fund and Discount Loan Program with a local match commitment up to $50,000. RECOMMENDED MOTION: Move to authorize Community Revitalization Resources to apply to the Minnesota Housing Financing 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. RECOMMENDED MOTION: Move to approve the commitment of up to $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 Revitalization 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. Attachments: January 24, 2000 CRR letter. H:\templates\CRR.wpd COUNCIL ACTION: Con3Innnity Revitalization Resources 211 North 1u Street. Suite 455 · Minneapolis, Mirmesota 55401 · Phone: (612j 335-5880 · Fez: (612' 335-205b January, 24, 2000 Mr. Kenneth Anderson Community I)¢velopment Director City of Columbia Heights 590 40~ Avenue NE Columbia Heights, MN 55421 Dear Ken: Community Revitalizelion Resources, a division of the Cent¢~ for Energy and Environment, would like to invite your city to participate in a collaborative effort to offer low-interest financing to the homeowners of your community. The focus of this endeavor is to offer homeowners residing in rambler and cape cod style homes an affordable and attractive way to complete value- added projects similar to those showcased in the Remodeling Planbook for Post-WlttlI Houses, co-spousorad by your city. Community Revitatization Resources proposes to apply to t,h.e Minnesota Housing Finance Agency (MtlFA) to gain ac~'ss to the Community Fix-up Fund for the 15 cities that co- sponsored the plan book. The Community Fix-up Fend often home improvement fmencing of up to $35,000 at interest tales of 2-8%, depending on household income. I have contacted MZHFA staff and have approval to apply for all participating communities undor one application. Your community tray alrealiy be participating in the Community Fix-up Fund program, however this application would remain independent of any previous submissions. This proposal consists of two distinct parts. The first application will request that the Community. Fix-up Fund be offered to owners of tumbler or cape cod homes built prior to 1970 with household incomes less than $73,140 (115% of median). An additional stipulation could also be added to restrict eligible improvements to value added improvements as identified through the "This Old House" legislation. The second part of the proposal is an application to the MHFA Single Family Super RFP this February. The proposal will request MlqluA match the participating cities on a dollar for dollar basis to assist with the cost of offering a Discount Loan Program. The Discount Loan Program allows communities to buy down the MIIFA inter~t ate of 8% to 6,5,4,or 3%. CRR encourages participating cities to offer a 6% rate. Six percent is very marketable and is the most cost- effective rate to subsidize. h communities where CRR is able to offer 5 or 6% loans versus the traditional MHFA roterest tales, the participation rate is significantly higher. Examfuhr #1: Assuming a $5,000 loan, the roterest subsidy cost to your city to write this loan down from 8% to 6% will be $225. If your community commitled $50,000 to interest subsidy and MItFA matched your commitment, your city could realize over 440 loans 0f$5,000 @ 6%, providing more than 2.2 million dollars in home improvements for your community. A division of the Center for Energy and Enuironment · Equal Opportuntty Employer ntl 10:18 FAX Li2 337, 2650 CENTER FOR ENEI,~G\ & EN','I [gi0O:t Example ~2: Assuming a $I0.000 loan, the interest subsidy cost to your city. to writt this loan down from 8% to 6% will be $830. Again, if your community committed $50,000 to intere~ subsidy and MZI~A. matched your commitment, your oily could realize over 120 loans of $10,O00 ~ 6%, providing more than 1.2 million dollan in home improvements for your community. As you can see, a relatively small invesWaent c~m leverage a significant amoum of money at very. attractive rates for your community. I am very confidant tiffs proposal will have an excellent chance for funding through the MHFA Super P,.FP. In fact, CRK previously received funds for a very similar purpose for the cities of Arteke and St. Louis Park. In those proposals, MKFA matohed the community' s contribution for offing the discount loan program. To date, both program's have be~n very successful. Community Revitalization Kesources also currently has a project underway to showcase the potential of a r',unbler style home. In last Februa~,'s Super PiP cycle, CRR applied to and received funds from MI-IFA to acquire a rambler home and rehabilitate the home to one of the plan specifications identified in the City of Fridley's Rambler Remodeling Handbook, which is very similar to the Remodeling Planbook for Post-klOYIIHouses. CRK has anquired the property in the City of Fridley and is in the process of nmedeling the home. Once the construction is complete, the home will be used as a model for six months (and a satellite office for CP,.R) and than sold to a first-time homebuyer. Residen~ from your community are encouraged to visit the model. This pmjec~ will give interested homeowners an oppormm0, ~o see ftrst-hand what G~e potomial of their home is with the additional option of accessing a low-interest financing package to complete home improvements. CRR has extensive experience underwriting MHFA single-family and multi-family renta/loan preening. CRK is consisten~y one of the top thr~ london of MI-IFA products (out of more than 400 ~de). CRR will provide all personnel needed to administer this project successfill[y and efficiently. CRR will he responsible for preparing and submitting the proposal on beg of the participating cogunities. If you are interested in participating in this proposal or would like to discuss the concept in more detail, please cormrot me at (612) 335-5889. I apologize in advance for the short notice, but I will need to know your community's level of intenst by February 1't, 2000 in orcter to pro'pan the proposal Thank you for your consideration and hope to hear from you soon. Sin ely, David King Director CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E.. COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES February 1, 2000 MEMBEi;~ Tom Ramsdell, Cha~' Kevi. Hanson Ted Merlaine Szurek The February 1, 2000 Planning and Zoning Commission meeting was called to order by Chairperson Ramsdell at 7:00 p.m. Members present were Yehle, Hanson, and Ramsdell. Council Representative Szurek was not in attendance. Also present were Joe Hellman (City Planner), and Kathryn Pepin (Secretary to the Planning and Zoning Commission). MOTION by Yehle, seconded by Hanson, to approve the minutes from the meeting of January 4, 2000 as presented in writing. Voice Vote: All Ayes. Motion passed. NEW BUSINESS Public Hearing Conditional Use Permit Case #2000-0202 Linder's Greenhouses, I~c. RE: 4300 Central Ave. N.E. Columbia Heights, Mn. Mr. Hellman presented the request of Mr. Peter Linder of Linder's Greenhouses, Inc. for appreval of a Conditional Use Permit to allow the operation of a temporary "mini garden center" (Flower Mart) and retail sales in the easterly portion of the parking lot of Central Valu Mall, 4300 Central Avenue, from April 15, 2000 through July 7, 2000. He added that this will be the 11th year Linder's Greenhouses, Inc. will operate their greenhouse in the same location. Mr. Hellman informed the Commission that Section 9.113(2)(a) of the Retail Business Section of the Zoning Ordinance requires a Conditional Use Permit for accessory structures. The attached site plan illustrates the configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as last year with four, six foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are pre-existing and comply with zoning regulations. He stated that existing parking exceeds zoning requirements, and adequate parking will be maintained after placement of the accessory structures over this portion of the parking lot. Mr. Hellman directed the Commission's attention to a letter from Bradley Real Estate granting permission to Linder's Greenhouses, Inc. for use of the site. Chairperson Ramsdell, opened the public hearing. The public hearing was closed as no one was present to speak regarding this case. PLANNING AND ZONING CUMMISSION REGULAR MEETING-MINUTES FEBRUARY 1,2000 PAGE? Motion by Ramsdell, seconded by Hanson, to recommend approval of 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, provided that a $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. Voice Vote: All Ayes. Motion passed. **THIS ITEM TO APPEAR ON THE FEBRUARY 14, 2000 CITY COUNCIL AGENDA. Public Hearing Conditional Use Permit Case #2000-0203 Khalil Ismail RE: 4757 Central Ave. N.E. Columbia Heights, Mn. Mr. Hullman presented the request of Khalil Ismail for a Conditional Use Permit to open The Gardens Restaurant in a portion of the building at 4757 Central Avenue N.E. The proposed restaurant will contain approximately 70 seats. Mr. Hullman informed the Commission that in June of 1998 a request for site plan was reviewed and approved as well as a Conditional Use Permit to open a combination Subway Restaurant and TCBY in a portion of the former Peaking Palace Restaurant at 4757 Central Avenue N.E. In July of 1998, a request for a variance to allow parking in the front yard in the RB, Retail Business District at 4757 Central Avenue was reviewed and approved by the City Council. In December of 1999, a request to operate a day care center in this same space was approved by the City Council. However, the applicants were not able to finalize a lease agreement with the building owner. Mr. Hullman stated that the subject property is zoned RB, Retail Business adding that Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for restaurants in the RB District. He informed the Commission that the Minimum Yard and Density Requirements are as follows: · Lot Width shall be at least 50 feet. The subject parcel is approximately 163 feet wide; · Lot Area shall be at least 6,000 square feet. The subject parcel is 47,713 square feet; · Front Yard Setback shall be 15 feet. The existing structure exceeds this requirement; There shall be at least one 10 foot side yard, the other side yard can be zero feet. The property has one side yard of about 4.4 feet and the other exceeds the 10 foot requirement; · Rear Yard Setback shall be 10 feet. The existing building exceeds this requirement; The floor area ratio shall not exceed 1.0. The property has a floor area ratio of approximately .1, which meets this requirement; PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES FEBRUARY 1, 2000 PAGE 3 Need minimum frontage of 40 feet. The subject parcel has roughly 163 feet of frontage along Central Avenue. Mr. Hullman stated that the applicant is not proposing any significant physical changes to the site, or exterior structural changes to the building. However, he noted that two public exits from the space will be provided, and a new four (4) foot wide concrete walk is being proposed from the exit along the south wail of the building to the parking lot on the east side of the building. Mr. Hullman informed the Commission that parking requirements for a restaurant are at least one space for each three seats based on capacity design. According to the floor plan, there will be 70 seats in the restaurant which will require 23 parking spaces. There are 59 total parking spaces on the site including three handicap accessible parking spaces along the west side of the building. The Subway/TCBY requires 25 total parking spaces, therefore, 48 spaces are required on the site. Mr. Hullman stated that minimum parking requirements will be met. Mr. Hullman stated that loading requirements are as follows: A loading berth shall be not less than 12 feet in width, 25 feet in length and 14 feet in height and, for retail sales and service stores at least one berth for each building having 2,500- 6,000 square feet. Mr. Hullman added that there is a loading berth provided on the east end of the building by the service entrance. Mr. Hullman informed the Commission that solid waste material is required to be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. The site plan illustrates an enclosure off the east side of the building which is intended to serve both Subway and The Gardens Restaurant. Mr. Hullman stated that this enclosure has not yet been constructed, so staff will recommend, as a condition of approval, that an enclosure be provided. He added that Staff has not seen any information pertaining to signage. Two square feet of signage is allowed for each front foot of building, therefore, a total of 92 square feet of signage is allowed. Staff will recommend, as a condition of approval, that all proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. Mr. Hullman stated that the plans do not indicate that there will be any new lighting on the property, but if lighting is added, a lighting plan will need to be reviewed and approved by staff. He added that light can not exceed three (3) foot candles at the property line. Chairperson Ramsdell asked staff what Subway was using for solid waste storage. Mr. Hullman replied that there is a dumpster that is not enclosed that Subway is using. Ramsdell stated that the requirements of the Conditional Use Permit must be enforced and that, in this case, the property owner should be paying for the dumpster. He asked staff if they had informed the owner of the requirement for enclosed solid waste storage. Mr. Hullman stated that he had mailed the owner the copy of the report for this case. PLANNING AND ZONING COMMISSION REGULAR MEETING-MINUTES FEBRUARY 1,2000 PAGE4 Commissioner Hanson stated that a staff person should be enforcing the requirements of Conditional Use Permits to make sure that they are fulfilled before the business has been opened and that they remain in compliance. Khalil Ismail, the operator of the proposed restaurant, was present and stated that he would speak to the owner regarding the provision of the enclosed dumpster. He did not see that as a major problem. He added that the proposed restaurant will be "fine dining" middle eastern cuisine. Motion by Hanson, seconded by Yehle, to recommend City Council approval of 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. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 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. Voice Vote: All Ayes. Motion passed. **THIS ITEM TO APPEAR ON THE FEBRUARY 14, 2000 CITY COUNCIL AGENDA. STAFF REPORTS A. ZONING TEXT AMENDMENT REGARDING AUTO SALES At their regular meeting on December 7, 1999, the Columbia Heights Planning and Zoning Commission moved to direct staff to initiate the necessary process for a zoning text amendment to allow five "for sale" vehicles to be displayed at any time in the Central Business District as opposed to two which is currently allowed. A proposed amendment was discussed during the January meeting and the proposal was eventually denied, as the Commission decided that it would be beneficial to examine applicable regulations for auto sales in all zoning districts, not just the Central Business District. Mr. Hollman stated that Staff has reviewed all the sections of the Zoning Ordinance, and auto sales are allowed, as follows: PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES FEBRUARY 1, 2000 PAGE 5 CRD, Central Business District, as a Conditional Use Permit. 9.112(2)(o) (ii) (iii) (iv) (v) Car Sales/Fleet Sales/Advertisement provided that: The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. The "for sale" or "fleet" vehicles cannot eliminate required parking spaces. No more than two (2) cars will be permitted for such use at any time. No "for sale" or "fleet" vehicle can remain on the lot for more than fourteen (14) days at any one time. RB, Retail Business District, as a Conditional Use Permit. 9.113(2)(k) Vehicles not to exceed 2 tons, for sale in conjunction with only automobile repair businesses which do not sell fuel, provided that the following requirements are met: 1) Parking area for car sales cannot eliminate required parking spaces for primary use. 2) No more than ten (1 O) vehicles can be displayed for sale at any one time. 3) Traffic flow on lot, lighting, parking lot striping must be approved through the Conditional Use Permit process before approval for such operation can be granted. 4) Size, type and style of any signage for such vehicle must be within the vehicle at all times and approved by staff. 5) All required state and local licenses must be obtained. GB, General Business District, as a Permitted Use. 9.114(1 )(c) Auto and truck sales, auto repair. I-2, Industrial Business District, as a Conditional Accessory Use. 9.115A(2)(b) Auto sales, subject to the following conditions: PLANNING AND ZONING COMMISS:ON REGULAR MEETING-MINUTES FEBRUARY 2, 2000 PAGE6 (i) (ii) (V) (vi) (vii) The use of the property for auto sales must be accessory only to auto repair or auto reduction yards. The permitted and accessory uses must be on a site plan approved by the Planning and Zoning Commission or by the City Counsil. An open auto sales lot must somply with the provisions of Section 9.116(14). All autos presented for sale must be parked on an impermeable to oil and water surface in good repair, such as asphalt or concrete and on parking spaces no smaller than twenty feet (20') in length by ten feet (10') in width. No more than fifteen (15) cars may be available for sale at any given time. All cars offered for sale must be stored within a securely fenced area. All customer and employee parking must be located on a parking lot with a surface impermeable to oil and water, such as asphalt or concrete, said surface must be maintained in a condition of good repair. Mr. Hollman stated that the following provides a summary of some of the issues that wil[ need to be resolved prior to drafting an ordinance amending the various sections of the Zoning Ordinance. Parling- Staff recommends that the requirements stating that vehicles cannot eliminate required parking spaces and they must be parked entirely on a privately owned parking lot(s) with a surface impermeable to oil and water be consistently stated in every district that allows vehicle sales. Traffic Circulation- Staff will recommend that a site plan illustrating access aisles, parking locations for "for-sale" vehicles, storage areas, and other applicable features be submitted for review as part of the approval process. This will help ensure that safe traffic circulation and emergency vehicle access will be maintained. Number of Vehicles- Currently the Ordinance allows two (2) vehicles to be displayed "for sale" in the CBD, ten (10) vehicles in the RB District, and fifteen (15) vehicles in the I-2 District. There is not a limit in the GB District. Mr. Hollman reminded the Commission that the requested amendment was to allow five (5) vehicles to be displayed "for sale" in the CBD. He asked the Commission if they wanted to stay with these regulations? If so, the issue of repossessed vehicles will need to be clarified. He added that the question was raised during the January meeting whether repossessed vehicles were counted as part of the number of vehicles allowed to be displayed "for sale" or if they were separate, Mr. Hollman stated that PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTE~ FEBRUARY 1, 2000 PAGE 7 the Ordinance does not currently address this issue. In addition, by limiting the number of vehicles allowed to be displayed for sale, Mr. Hogman stated the Ordinance prevents a large-scale auto dealer, such as Friendly Chevrolet in Fridley, from operating in the City. Length of Time- As the Ordinance currently exists, "for-sale" and fleet vehicles can remain on the lot for no more than 14 days in the CBD. The other districts do not specify a length of time. Questions arise whether this should be consistent among districts and also why the 14 day requirement was initiated. What is the benefit of limiting the length of time a vehicle can be displayed "for sale" if the City allows only a certain number of cars to be displayed at one time? Mr. Hullman added that this requirement is difficult to enforce because staff does not know when vehicles are first displayed. If the Commission decides it is necessary to continue with this requirement, it may be beneficial to require that the business owner register the vehicle with the City so the length of time for its display can be monitored. Signage- The section of the Ordinance regulating auto sales in the RB District currently requires that size, type and style of any signage for sush vehicle must be within the vehicle at all times and approved by staff. Staff has some concerns with this specific language. It states that the signage must be approved by staff, but there are no regulations on which to base an approval. Staff recommends that specific signage regulations be included in any amendment. Also, from a business perspective, only allowing signage inside a vehicle may seem restrictive as the business owners would want the "for-sale" vehicles to attract attention. Accessory vs. Principal U.,e- The I-2 District only allows vehicle sales as an accessory use to auto repair or auto reduction yards. Should this remain a requirement? Auto sales could be a principal use in the CRD, RB and GB Districts. One condition to consider is the possibility of requiring a principal structure on the lot in which to sonduct business as opposed to having a lot that is vacant of structures being used only to store and sell "for-sale" vehicles. Landscaping and Fencing- The I-2 District currently requires that all cars offered for sale be stored in a securely fenced area. Should the City continue to require this, or should it be left up to the business owner? Also, Section 9.116(14) "Open Sales Lots" of the Zoning Ordinance requires that the required yard abutting a public right-of-way shall be landscaped and said landscaping shall be separated from the usable portion of the lot by a curb or fence. Is this a condition that should be required for auto sales lots in all zoning districts, and how should it apply if auto sales is not the principal use of the lot? Lighting- Section 9.116(14) "Open Sales Lots" also requires that the outdoor lighting system shall be so designed that no direct source of light is visible from the public right-of-way or adjacent land. Is this a condition that should be required for auto sales lots in all zoning districts, and how should it apply if auto sales is not the principal use of the lot? PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES FEBRUARY 1, 2000 PAGE 8 In an effort to provide a comparison of regulations, staff has contacted the City of Fridley, and they allow "Agencies selling or displaying new and/or used motor vehicles" in their C-2, General Business District, and their C- 3, General Shopping Center District, as a special use permit. As an example, the following summarizes the stipulations that they imposed on their approval for Friendly Chevrolet. 2. 3. 4. 5. 6. 7. 8. 9. 10. Curbing to be installed around blacktop parking and driveway areas located in front of building. Parking spaces on parking area to be marked for cars. Curbing to be provided along blacktop area along Fireside Drive sometime in the future. Landscape and planting to be approved by the City. Slats in existing bullpen area. Provide security lighting. 10' radii on all blacktop corners. Provide 30' planting strip directly in front of building. Provide 15' planting strip along west side of 2 parking lots located to the north and south of building. All remodeling to be subject to Fire Codes. Based upon the discussion that occurred during the January 4, 2000, Planning and Zoning Commission meeting, Mr. Hellman stated that the information presented has been assembled to be used as a basis for discussion at this meeting. He added that Staff is seeking direction from the Commission regarding which issues and regulations should be addressed in the Ordinance amendment prior to going through a public hearing process. Commissioner Hanson stated that he would like to have additional time to review and digest the information provided as well as time to visually observe the different zoning districts in the city to see what the adjacent properties are like and where the districts are located. He also would like to see what other cities are doing with this type of request. Chairperson Ramsdell asked staff what the process would be once an ordinance amendment is drafted. Mr. Hollman stated that once the proposed ordinance is approved and recommended to the City Council by the Planning and Zoning Commission, there are two readings of the Ordinance and then the ordinance becomes law thirty days after the second reading. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES FEBRUARY 1, 2000 PAGE 9 The Commissioners indicated to staff that they would like to have a rough copy of an ordinance to work from. Discussion was held regarding some particular items of concern that staff had pertaining to existing requirements in the current districts. Mr. Hollman asked the Commissioners for direction on the length of time for display of vehicles as is addressed in the CBD regulations. He felt that would be hard to enforce and, is it necessary and what would be the intent. The Commissioners agreed that this requirement could be eliminated. Chairperson asked staff to check the minutes from the meetings where this requirement was adopted to see if there was a reason for it. Mr. Hollman asked about the requirement in the RB district which states that all signage be inside the vehicle and approved by staff adding that there are not any guidelines for approval. He indicated that this restriction would eliminate the ability to display anything on the antenna of the vehicle which would call attention to attract business. Chairperson Ramsdell stated that this use is secondary to the principal business and, therefore, should be low key as far as advertising. He felt it was alright to fill the interior of the vehicle with balloons or other items but not on the exterior, no banners, pennants, balloons flying, etc. Rick Lange, President of the Credit Union, was present. He asked the Commission to consider writing on the windshield of the vehicle. He added that ha was concerned about the time frame of the process for an ordinance amendment. He understood the necessity to work through the issues and give it careful consideration. But, he added, "time is money". He requested that the Commission give consideration to his original request for an increase from the display of two cars to five cars or give him a six-month temporary approval until the amendment has been forrealized and then he would bring his business into conformance with whatever the ordinance requirements would be. Commissioner Hanson was not comfortable with such temporary approval. He stated that he felt it prudent to prepare an amendment and have it done properly. He indicated the need to see how many other businesses in the various districts could be allowed to conduct car sales if an amendment was approved. He added that "it is important to consider the future when drafting or changing laws". Motion by Ramsdell, seconded by Hanson, to table the item for further review. Voice Vote: All Ayes. Motion passed. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES FEBRUARY 1, 2000 PAGE 10 REQUESTED ZONING TEXT AMENDMENT TO ALLOW THRIFT STORES IN THE CBD, CENTRAL BUSINESS DISTRICT Mr. Hollman stated that Staff has received a request from the owner of the Columbia Heights Mall to allow a thrift store to operate in the tenant space formerly occupied by Sylvestor's at 4069 Central Avenue N.E. He noted that the subject property is zoned CBD, Central Business District. Currently, the Zoning Ordinance specifically states that pawn shops and the sale of used goods is allowed in the GB, General Business District, and it is not specifically stated anywhere else in the Ordinance. There are currently three other thrift stores in Columbia Heights, all of which are zoned RB, Retail Business, the Savers Store at 4849 Central Avenue N.E., the Unique Thrift Store at 2201 - 37t" Avenue N.E., and the Salvation Army at 3929 Central Avenue N.E. However, Salvation Army was zoned CBD, Central Business District, when it was allowed to open for business. The property was rezoned to RB, Retail Business, in April, 1998. Having discussed the issue with the City Attorney, Mr. Hollman stated that it appears a precedent has been set which would allow the new thrift store to open in the Mall because these three businesses have been permitted in the past. He noted that there are also businesses, such as Budget Computer, that sell both new and used merchandise. Mr. Hollman stated that, based on a literal interpretation of the Zoning Ordinance, a business that sells used merchandise is only allowed in the GB District. Mr. Hollman stated that because these uses are located in the CBD and RB Districts, it may make sense to amend the Zoning Ordinance to clarify where uses such as thrift stores, consignment shops, pawn shops, and the general sale of used merchandise are allowed. There are a number of options to consider: The Ordinance could remain as it is and any existing business that deals in the sale of used merchandise would be nonconforming unless it is located in the GB District. Under these circumstances, the newly proposed business would not be allowed to open in the Columbia Heights Mall. Staff does not recommend this approach because the City has historically permitted these businesses to open and operate in the CBD and RB Districts. The Ordinance could be amended to allow the sale of used material as a permitted use in the CBD and RB Districts. This would bring those uses identified above into conformance, and the newly proposed thrift store would be allowed to open in the Columbia Heights Mall. If this were done and the amendment language stated that the sale of used material is permitted, any operation selling used material would be allowed including thrift stores, pawn shops, and consignment shops, unless specifically stated otherwise. An alternative to item 2 is that the Ordinance could be amended to allow the sale of used material as a conditional use permit. If the Planning and Zoning Commission recommends this alternative, staff recommends that the current request be permitted because it was before the City prior to the amendment taking place. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES FEBRUARY 1, 2000 PAGE ~ 1 The Ordinance could be amended to specifically identify where thrift stores, pawn shops, and consignment shops would be allowed. This would allow the City more control over the location of the specific uses. However, it may be difficult to rationalize allowing a certain use in a particular zoning district without aftowing the other uses because the land use impacts of a thrift store, pawn shop, or even a general retail store are very similar. If an amendment is the preferred option, it will need to be decided in which zoning districts the sale of used merchandise is allowed. It is currently permitted in the GB District, and there are existing businesses in both the CBD and RB Districts. Should these uses be allowed in the LB, Limited Business District, or the Industrial Districts? Mr. Hollman stated that Staff is requesting the Planning and Zoning Commission consider the issues identified above and provide direction as to what the next steps should be. If the Planning and Zoning Commission is interested in amending the ordinance, a formal motion should be made directing staff to initiate the process. He noted that a zoning text amendment needs to be initiated by either the City Council or the Planning and Zoning Commission. As stated above, due to past action by the City to allow the sale of used goods in the CBD and RB Districts, staff recommends that the current request for a thrift store to open in the Columbia Heights Mall be permitted. Commissioner Yehle felt there should be a limitation that all product in conjunction with such a store be displayed inside the store and not on the sidewalks and areas adjacent to the store such as the case of Unique Thrift Store adding that exterior display and storage at that property does not look very good. Mr. Hollman stated that pawn shops, thrift stores and consignment shops should be separated with separate and spesific requirements for each use. He stated that this item will be presented at the next City Council work session. Motion by Ramsdell, seconded by Hanson, to direct staff to initiate the necessary process for a zoning text amendment to allow the sale of used goods in the Central Business District and Retail Business District. Voice Vote: All Ayes. Motion passed. C. FIRST READING OF ORDINANCE 1407 Mr. Hollman informed the Commission that on January 24, 2000 the City Council conducted a first reading of Ordinance 1407 pertaining to the Planning and Zoning Commission. The proposed Ordinance removes Councilmembers from serving as voting members on the Commission. However, the Councilmember currently serving on this Commission as a voting member may continue tp serve in that capacity until a citizen replacement is appointed. Discussion was held regarding the application/interview process conducted by the City Council. It was PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES FEBRUARY 1, 2000 PAGE 12 the concensus of the Planning and Zoning Commission members that the City Council move forward immediately on the appointment of two new commissioners to the Planning and Zoning Commission to fill the vacant seat as weft as the seat of the council representative so that they will be in attendance a the March 7, 2000 regular meeting, Motion by Yehle, seconded by Hanson, to adjourn the meeting at 8:30 p.m. Voice Vote: All Ayes. Motion passed. Secretary to the Planning and Zoning Commission kp COLU 4BIA H£1GHTS PUBLIC LIBRARY BOARD OF TRUSTi i S MINUTES February 1,2000 The meeting was called to order by Chair, Barbara Miller at 7:00 p.m. Those present were: Patricia Sowada, Richard Hubbard, Barb Miller, Don Jolly, Nancy Hoium, John Hunter, and Becky Loader. John Hunter the new City Council Iiaison to the Library Board was introduced. The Board gave John a warm welcome. He took a few minutes to tell the Board a little about himself and to express his concern and support of the library. Don Jolly said farewell to the Board members. He thanked them and told them how much he has enjoyed his time on the Board. Don thanked John for taking over and expressed his belief that the Board will have an excellent advocate on the Council with Mr. Hunter. The Board in return thanked Don for his years of service and support of the library. Don then left the meeting. It was moved, seconded, and passed to approve the minutes of the January 4th, 2000, meeting as mailed. The January 24, 2000, bill list of remaining 1999 expenditures was reviewed. It was moved, seconded, and passed that they be paid. The preliminary final accounting of 1999 was reviewed. The February 14, 2000, bill list was reviewed. It was moved, seconded, and passed that they be paid. The 2000 accounting was reviewed. Old Business: Two new pages have been hired, trained, and are working their first regular shift tonight. Andrea has agreed to stay through the summer and will continue to work Saturdays and do book drop. The evening Supervisor position was re-advertised. The two applicants who met the minimum requirements were interviewed. None of the other applicants were qualified. A conditional offer of employment has been made. Training is scheduled to begin February 29. The current evening Supervisors have been taking turns filling in the scheduled hours. The new phones were installed on January 20 and 21. Staff is adjusting to the new system. The library' will be getting a new area code on February 27, (763) along with the new phone numbers that were part of the telephone system: 706-3690 for regular calls, 706-3691 for FAX calls, and 706-3692 for the TDD line. New Business: A report on the Council Work Session of I/17/2000 was given. The work session was attended by Barb Miller, Becky Loader, and Marsha Tubbs. Two groups are involved in pIanning for the City. One group is working on the Comprehensive Plan, which by State law the City is required to provide. The other group is the Downtown Redevelopment group. This committee is supporting either the Town Square proposal, or the Urban Green proposal. Some of those present for the meeting would like to see a combination of elements from both plans. A proposal was made to conduct a survey of Columbia Heights residents to find out what it is they really do want and to hire a professional independent company to help compile the questions, complete the survey, and to interpret the results. 10. 11. 12. 13. John Hunter is the new Council Liaison. The Board was updated on why Council members are liaisons and will no longer be voting members on the Boards and Commissions. The Library Board will be soliciting applications for a new 5~h member in the coming months. Applicants are interviewed and appointed to the Boards by the City Council. Election of officers was conducted. It was moved, seconded and passed to accept the current slate of officers to continue to hold their respective offices until October, 2000. The slate is as follows: Barbara Miller, Chair, Patricia Sowada, Vice-Chair, Richard Hubbard, Secretary. The article about a Libran/Services and Technolo~ Act was reviewed and discussed. Crossover statistics were reviewed. A map project being conducted by the Anoka County Historical Society was explained. The historical society has some vintage maps of Columbia Heights in its collection that it is preserving and attempting to date. They have shared copies of some of these maps with the library and engineering department. One of the maps that is dated between 1915 and 1924 was viewed by the Board. The City Holiday Luncheon was held on January 19, 2000. Service awards were presented. Becky was recognized for 25 years of service and Marsha received her 15 year award. This event was provided for City employees at no cost to the employee. Winter reading clubs began on January 31. The adult theme is: "Catch Millennium Fever", and the children's department theme is: "Blast off into the Millennium". The Board received information and handouts on both clubs. The "I love to read calendar" produced in the Children's Department was also distributed to the Board. The carpets in the building will be cleaned at the end of February or beginning of March. The floor in the activity room will be stripped and new wax applied. The rest room floors will also be stripped, but since those floor should not have a wax finish on them they will not be waxed. The new magazine covers donated by the Friends of the Library have arrived. They are very attractive. The Board was invited to view the new covers after the meeting. John Hunter wanted to share with the Board the plans that are being made at Crestview. There are plans to add on a chapel and community center. A committee of dedicated individuals are committed to seeing that these plans become reality. The proposed changes to service by the Metropolitan Transit Commission were briefly discussed. There being no further business the meeting was adjourned at 8:40 p.m. Respectfully submitted, midt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in. its services. programs, or activities. Upon request. accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. 2