HomeMy WebLinkAboutOctober 22, 2007 RegularCITY OF COLUMBIA HEIGHTS
590 40`"Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) '706-3692
Visit our websfte at: werrv.ei.~°nl:nnbia-ltrzi~lrts.raua.uti°
.Navor
Gait' L. Peterson
Councilmembers
Robert A. Williams
Bruce Nawrocki
Tanamera Diehm
Bruce Kel~enberg
Cify 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, October 22, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, MN.
-.
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 Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing
impaired only)
1. CALL TO ORDERlROLL CALL/INVOCATION
Invocation by Pastor Ruth Hograbe, Community United Methodist Church
2. PLEDGE OF ALLEGIANCE
3. ADDITIONSlDELETIONS 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 Forurn or items
submitted after the agenda preparation deadline.)
4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND
GUESTS
A. Ceremonial Swearing In
Officer Tessa Huber
B. Introduction
Jeff Hanson, IS Technician
5. 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
the next order of business.)
A. Approve minutes for the Columbia Hei htg s City Council meetings listed.
MOTION: Move to approve the minutes of the Columbia Heights City Council meeting of ps
October 8, 2007.
MOTION: Move to approve the minutes of the Seal Coat Special Assessment Hearing of Pig
October 15, 2007.
MOTION: Move to approve the minutes of the Street Rehabilitation Special Assessment Hearing
of October 15, 2007. pz 1
B. Accept meeting_minutes of Columbia Heights Boards and Commissions. pzs
MOTION: Accept the September 26, 2007 minutes of the Park and Recreation Commission.
City CounciC Agenda
Monday, October 22, 2007
Page 2 of 4
C. Establish work sessions for Monday, November 5 and Wednesday, December 5, 2007. pz9
MOTION: Move to establish a work session on November S, 2007 at 7:00 p.m. to discuss Public
Safety and Community Center overview and update, and December 5, 2007, at 7:00 p.m. to
discuss the Comprehensive Plan, both scheduled in the City Hall Council Chambers.
D. Annrove the transfer of funds from the General Fund to the Police Department Budget to p3 0
reimburse the Overtime Fund.
MOTION: Move to transfer $768.50 received from Unique Thrift Stores and $795.00 received
from Immaculate Conception Church, a total of $1563.50, from the General Fund to the Police
Department 2007 Budget under line #1020, Police Overtime.
E. Annrove the transfer of funds from General Fund to Police Department 2007 Budget Overtime p36
Line # 1020
MOTION: Move to transfer $2,705.37 monies collected from the State of Minnesota for our
efforts in the Operation Nite Cap program from the General Fund to the Police Department 2007
Budget line # 1020 Overtime.
F. Authorize agreement for Liquor Store Project Change Orders p39
MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with
Copeland Building Corporation for change orders totaling $7,929.76.
G. Adopt Resolution 2007-214, Reclassifying and Desi ng ating Fund Balances for the Economic p41
Development Authority's Housing Maintenance Program
MOTION: Move to waive the reading of Resolution 2007-214, there being an ample amount of
copies available to the public.
MOTION: Move to adopt Resolution 2007-214, a Resolution Reclassifying and Designating
Fund Balances for the Economic Development Authority's Housing Maintenance Program.
H. Accent bid and award contract for Municipal Service Center Building Main Floor_Radiant p46
Heatm~
MOTION: Move to accept the bids and award a contract to Infrared Heating in the amount of
$38,072; and furthermore, to authorize the Mayor and City Manager to enter into a contract for
the same.
I. Approve Construction Cooperative Agreement with MCES for Sanitary Sewer Lining p48
MOTION: Move to approve the Construction Cooperative Agreement No. 0X021 with
Metropolitan Council Environmental Services (MCES) for Sanitary Sewer Lining.
J. Approval of rental housing license applications in that they have met the requirements of the p63
Residential Maintenance Code
MOTION: Move to approve the items listed for rental housing license applications for October
22, 2007.
K. Approve Business License Applications
Motion: Move to approve the items on the business license agenda for October 22, 2007 as p66
presented.
L. Approve payment of the bills p69
MOTION: Move to approve payment of the bills out of the proper fund as listed in the attached
City Council Agenda
Monday, October 22, 2007
Page 3 of 4
check register covering Check Number 123248 through Check Number 123428 in the amount of
$1,442,655.61.
MOTION: Move to approve the Consent Agenda items.
6. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
B. Bid Considerations
C. Other Business
Public Safet~pdate
7. PUBLIC HEARINGS
A. First reading of Ordinance No. 1532 being an ordinance pertainin tg_ o Property Maintenance. p76
MOTION: Move to waive the reading of Ordinance No.1532, there being ample copies available
to the public.
MOTION: Move to establish the second reading of Ordinance No. 1532, for November 26,
2007, at approximately 7:00 p.m. in the City of Columbia Heights Council Chambers.
B. Revocation of the license to operate a rental unit within the City of Columbia Hei hg is is pl3 5
requested against rental properties at
2007-215 - 4801 Grand Avenue
2007-216 - 4337 University Avenue
2007-217 - 1020 44th Avenue
2007-218 - 4915 5th Street
2007-219 - 4727 Heights Drive
2007-220 - 3817 Hayes St
for failure to meet the requirements of the Residential Maintenance Code.
MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers
2007-215, 2007-216, 2007-217, 2007-218, 2007-219, 2007-220 there being ample copies
available to the public.
MOTION: Move to adopt Resolution Numbers 2007-215, 2007-216, 2007-217, 2007-218,
2007-219, 2007-220, being Resolutions of the City Council of the City of Columbia Heights
approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the
rental licenses listed.
C. Declaration of a nuisance and abatement of violations within the City of Columbia Hei h~ is is pl4e
requested re ag rding_property at;
2007-208 - 5034 6th Street
2007-209 - 4436 Monroe St
2007-210 - 1316-18 Circle Terrace Blvd
2007-211 - 4315 Main St
2007-212 - 4425 Washington St
2007-213 - 4415 Madison St
2007-221 - 5020 Washington St
3
City Council Agenda
Monday, October 22, 2007
Page 4 of 4
for failure to meet the requirements of the Residential Maintenance Code.
MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers
2007-208, 2007-209, 2007-210, 2007-211, 2007-212, 2007-213, 2007-221 there being ample
copies available to the public.
MOTION: Move to adopt Resolution Numbers 2007-208, 2007-209, 2007-210, 2007-211, 2007-
212, 2007-213.2007-221 being Resolutions of the City Council of the City of Columbia Heights
declaring the properties listed a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
8. ADMINISTRATIVE REPORTS
Report of the City Manager
Report of the City Attorney
9. CITIZENS FORUM
At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall
state his/her name and address for the record.
10. COUNCIL CORNER
11. ADJOURNMENT
Walter R. Fehst, City Manager
WF/pvm
4
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
OCTOBER 8, 2007
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday,
October 8, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Invocation by Rev. Dan Thompson, Columbia Heights Assembly of God Church.
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember
Diehm, and Councilmember Kelzenberg.
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
Mayor Peterson removed Resolutions 2007-196 and 2007-195, as the properties have been brought
into compliance.
Nawrocki requested to add Activity Center discussion as item 6E.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND
GUESTS
C.E.R.T. Recognition
Police Chief Tom Johnson announced the newest members of the Community Emergency
Response Team (CERT), including Hilltop's Mayor Murphy and Councilmember Johnson. This
was a joint session with the cities of Fridley and Hilltop. Johnson indicated that the Police
Department is working with the School District to train another 40 members, which would put us
over 100 members. Our goal is one percent of our population. Murphy indicated this training was
very good to show you that you can help people in a time of crisis.
U.S. Congressman Keith Ellison, representative of Minnesota's Fifth District.
U.S. Congressman Keith Ellison greeted the Councilmembers and the community. He stated the
importance of Columbia Heights to the Fifth District and invited those able to visit him in
Washington. Ellison indicated his desire for the entire district to come together. He referred to
the current bi-partisan issue of the S-Chip, or health care for children; the Farm Bill, which
includes food and energy; the $250 million authorized for the 35W bridge reconstruction;
reauthorization of No Child Left Behind; and the war in Iraq is a huge issue. Ellison stated his
belief that it is possible to support the troops, but question the war policy. He referred to
"earmarking" and the need for a congressperson's name to be attached. It is important to target
funds to communities that need it. Ellison offered his assistance to the city.
Nawrocki commented that last spring he visited with Congressman Ellison three times in
Washington. He commended him and encouraged him on his efforts for children's health care
reform. Ellison referred to the Sister Cities presentation and indicated that he did spend six
months in Poland.
Peterson asked if anyone in the audience had a question for the Congressman. An audience
member questioned why adults were included in the S-Chip proposal. Ellison described the
proposal.
City Council Minutes
Monday, October 08, 2007
Page 2 of 14
City Manager Walt Fehst indicated that we have applied for matching funds for a pedestrian
bridge by our schools and asked if Congressman Ellison could follow up on this. Ellison
indicated that he would research the request.
Proclamation -Polish American Heritage Month
Peterson read and presented the Polish American Heritage Month Proclamation to Sister Cities
Committee member Casmir Burzynski. Burzynski thanked the City Council for their support of
our Sister City, Lomianki, Poland.
Dolores Strand, Committee Co-Chair, express warm personal regards from the new Mayor of
Lomianki Poland. She stated that their group visited the children's hospital and viewed the horse
therapy program, which is in need of assistance to continue. The committee plans to fund one
and one-half tons of feed for the horses. Visitors were presented with artwork by one of the
children patients. Strand indicated that Ryszard Szczesniak's son has published a book called
"Frantic 7" about the American Flyers dropping supplies over Lomianki.
Williams questioned if they were able to visit with the past Mayor. Strand stated they were
invited by him to a private ceremony to honor committee members that have passed away and
enjoyed a meal in his home.
Proclamation -Teen Read Week
Mayor Peterson read the Teen Read Week Proclamation and presented it to Becky Loader,
Library Director and four Columbia Heights youth library volunteers. Loader thanked the Mayor
and City Council on behalf of the teens. She introduced the teens that were present, indicating
that they not only use our Library, but spend a lot of time volunteering during the summer
programs.
Proclamation -Domestic Violence Awareness Month -Alexandra House, Inc.
Mayor Peterson read the Domestic Violence Awareness Proclamation.
Announcements
Peterson listed upcoming MEA events at the Recreation Department and sport registrations. He
stated the annual Holiday Kickoff party will be held November 10`h at Murzyn Hall. There will
be a sit-down dinner and youth theater performance by the Moon Shoe Players.
CONSENT AGENDA
City Manager Walt Fehst took Councilmembers through the Consent Agenda items.
A. Approve minutes for the Columbia Heights Cit~Council meeting of September 24, 2007.
Motion to approve the minutes for the Columbia Heights City Council meeting of September 24,
2007.
B. Accept meeting minutes of Columbia Heights Boards and Commissions.
Motion to accept the September 20th minutes of the Telecommunications Commission meeting.
Motion to accept the October 2nd minutes of the Planning and Zoning Commission meeting.
Motion to accept the September 4th minutes of the Library Board meeting.
6
City Council Minutes
Monday, October 08, 2007
Page 3 of 14
C
Establish an Executive Session for the purpose of Labor Negotiation discussion on Monday
October 22 2007 at 6:30 p.m. in Conference Room 1.
Motion to establish an Executive Session for the purpose of Labor Negotiation discussion on
Monday, October 22, 2007, at 6:30 p.m. in Conference Room 1.
Fehst stated that employee contracts will be renegotiated for next year.
D. Adopt Resolution No 2007-198 being a Resolution to cancel the Monday, November 12, 2007
City Council meeting.
Fehst stated that November 12 is a holiday and that there would not be a quorum of council
members present the rest of that week. Nawrocki indicated that the meeting was already changed
to November 13`" and the resolution should reflect that.
Motion to waive the reading of Resolution No. 2007-198, there being ample copies available to
the public.
Motion to adopt Resolution 2007-198, being a Resolution to cancel the Tuesday, November 13,
2007 City of Columbia Heights regular City Council meeting.
RESOLUTION N0.2007-198
BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL
MEETING OF TUESDAY, NOVEMBER 13, 2007
WHEREAS: Monday, November 12, 2007 is Veteran's Day and;
WHEREAS: The City of Columbia Heights City Council will not have a quorum available that week to conduct a
City Council meeting and;
WHEREAS: The City Council has agreed to cancel the City Council meeting scheduled for Tuesday, November 13
2007;
NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change.
E. Approve Transfer of Funds from General Fund to Police Department 2007 Budget Overtime
Line # 1020
Motion to transfer $3,254.26, the amount of money received from the State of Minnesota for our
efforts in Operation NiteCap program in 2007 from the General Fund to the Police Department
2007 Budget line # 1020, Overtime.
F. Approve Updating of Anoka County-City Joint Powers Agreement for Mutual Aid
Motion to approve the attached Anoka County-City Joint Powers Agreement for Mutual Aid and
to authorize the City Manager and Mayor to execute the agreement on behalf of the City of
Columbia Heights.
Fehst stated that this agreement has not been updated since 1991. Nawrocki stated that this was a
good program and questioned the changes. Johnson stated that this agreement better defines the
roles and who would be indemnified in any lawsuit, updates wording and clarifies State Statutes
involved.
G. Accept U S Department of Justice COPS 2007 Secure Our Schools Grant #2007CKWX0140.
Motion to authorize the Mayor and the Chief of Police to accept the U.S. Department of Justice
COPS 2007 Secure Our Schools grant in the amount of $34,333, with the 50 percent match of
$34,333 to be paid by the Columbia Heights School District.
City Council Minutes
Monday, October 08, 2007
Page 4 of 14
Johnson referred to the use of these funds for outdoor cameras, and reader cards allowing for
school lock down necessary. These funds are an excellent help to our program.
H. Approve Lease Agreement with the Columbia Heights Athletic Boosters to conduct Lawful
Charitable Gamblin ag t Top Valu Liquors.
Motion to authorize the Mayor and City Manager to enter into a lease for lawful gambling
activities at Top Valu I and II with the Columbia Heights Athletic Boosters.
Nawrocki asked if this was discussed with other organizations. Fehst stated that the Boosters
made this request of the City. He described the City's long term relationship with the Boosters,
indicating yearly donations of $35,000 to us and $35,000 to the School District. The lease is
proposed at $50 per month and 10 percent of proceeds over $1,000. Nawrocki stated there are
other such groups in the city. Nawrocki questioned if there are pull tabs in our current stores?
Bill Elrite, Finance Director, stated that there is not. Fehst indicated that we do currently handle
lottery tickets. Aurora Johnson, Athletic Booster representative, indicated that winnings will be
larger, but fewer. She stated that current locations to do such sales are limited.
I. Approve certification of Miscellaneous Delinquent Charges
Motion to waive the reading of Resolution 2007-204 there being ample copies available to the
public.
Motion to adopt Resolution 2007-204 being a resolution to certify miscellaneous delinquent
charges to Anoka County for collection with the property taxes payable in 2008.
Fehst indicated that the amount of delinquent charges is substantially higher than last year, due to
the increased number of abatements and unpaid utility bills.
Nawrocki questioned if the nine percent administrative fee is the same as always. Fehst stated
yes. Williams questioned the charges for Circle Terrace property. Fehst indicated that the
charges are mostly for the same owner.
RESOLUTION N0.2007-204
CERTIFICATION OF MISCELLANEOUS DELINQUENT CHARGES
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that
the County Auditor be, and is hereby directed, to levy miscellaneous delinquent charges on the properties in the
City of Columbia Heights as listed on pages two through five of this resolution and filed in the Assessment Book for
2007 totaling $145,345.95.
BE IT FURTHER RESOLVED that the foregoing amounts shall. be included in the individual property tax
statements for the current year and identified thereon as "Special Assessments."
SAID CHARGES shall be enforced and collected in the manner provided for the enforcement and collection of State
and County taxes under and in accordance with the provisions of the general laws of the State. All delinquent
miscellaneous charges with interest as indicated thereon paid to the County Treasurer shall belong to the City of
Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and
Ordinances.
THE CITY OF COLUMBIA HEIGHTS shall accept payments on these delinquent miscellaneous charges until
November 15, 2007. Upon receipt of said payments, the City will remove them from the certification list sent to
Anoka County.
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City Council Minutes
Monday, October 08, 2007
Page 5 of 14
J. Adopt Resolution No. 2007-192 being_a resolution to establish the amount of CitYshare and
amount of Special Assessments on projects to be levied.
Motion to waive the reading of Resolution No. 2007-192, there being ample copies available for
the public.
Motion to adopt Resolution No. 2007-192 being a resolution establishing amount of City share
and amount of Special Assessments on Projects to be levied.
Fehst stated this is established prior to assessments each year, approving the 50 percent portion
of street rehabilitation costs covered by the city. General Utility Funds and State Aid are used for
this.
Nawrocki asked if the amounts are the same as indicated at the original hearing. Fehst stated yes.
RESOLUTION N0.2007-192
BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHt1RE AND AMOUNT OF SPECIAL
ASESSMENTS ON PROJECTS TO BE LEVIED
WHEREAS, the City Council of the City of Columbia Heights by motion on the 10"' day of September, 2007,
ordered a special assessment hearing to levy the cost of improvements and;
WHEREAS, the following projects will be specially assessed in October, 2007, and a portion of the costs may be
borne by the City,
NOW THEREFORE BE IT RESOLVED pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the
breakdown is as follows:
PROJECT ESTIMATED ASSESSED ESTIMATED
CITY PORTION PORTION TOTAL
Zone 2 and 3 Street
Construction $ 390,200. $ 711,000. $1,101,200.
Pro'ect 0702
Zone 2 and 3
General, State Aid, $ 366,100. - $ 366,100.
and Utilit Funds
Zone 7 Street Seal
Coat, Pro'ect 0701 $ 6,800. $ 102,800. $ 109,600.
K. Approve the items listed for rental housing.~license applications for October 8, 2007
Motion to approve the items listed for rental housing license applications for October 8, 2007.
L. Approve Business License Applications
Motion to approve the items on the business license agenda for October 8, 2007 as presented.
M. Approve payment of the bills
Motion to approve payment of the bills out of the proper fund as listed in the attached check
register covering Check Number 123046 through Check Number 123247 in the amount of
$609,957.67.
Motion by Nawrocki, second by Williams, to approve the Consent Agenda items. Upon vote: All ayes.
Motion can-ied.
Fehst stated that on Monday, November 1St" the Council will meet with YMCA representatives at
City Council Minutes
Monday, October 08, 2007
Page 6 of 14
5:30 p.m., followed by the assessment hearings at 6:30 p.m. and 7:00 p.m.
ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions -none
B. Bid Considerations -none
C. Other Business
Public Safety Facility Update
Johnson stated that staff met today with Buetow and Associates, to view site plans for several
locations, and discuss room dimensions, needs and shared space. We will meet next week to set
up the focus group meetings. A plan should be ready to present to the City Council sometime in
November. Meetings are progressing well.
Nawrocki stated that because of the anticipated public safety facility cost, discussions of an
activity center and requests for a new library, we should just look at a new police station with the
Fire Department utilizing existing police station space. Fehst stated that this is proceeding on the
space needs analysis and original Council direction to consider a joint facility. Nawrocki referred
to the direction to consider an additional site. There is a definite need for additional Police
Department space. What would happen to the current space if they do have a new site. Fehst
stated it is conceivable that Finance or Community Development could move into the space.
Activity Center
Fehst stated that we would meet with representatives of the YMCA next Monday night to review
the survey they conducted and to see if they have any interest in partnering with us in an activity
center.
Nawrocki referred to the survey stating that only one-third of the respondents were in our zip
code. Fehst stated that the survey area reached out two miles. Nawrocki stated he shared written
comments with the committee, which were not handed out until the end of the meeting. He
referred to cost concerns and the obligation to talk about the true dollar cost. Nawrocki indicated
that the majority of people he has talked to are not in favor of building a center.
Williams stated that if we are going to look at future interest rates, we should look at future
construction costs. You pay now or later. The cost has doubled since the last time this was voted
on. Nawrocki questioned the necessity, as two referendums to build gyms were voted down. This
should also have a referendum vote. Nawrocki stated that he requested estimated cost information,
as we only have the capital costs, but has not received it. Fehst stated that we only have the capital
costs. Peterson indicated that questions should be addressed to Mr. Streetar. Fehst indicated that
the original amount was significantly reduced.
PUBLIC HEARINGS
A. Revocation by Resolution of the license to operate a rental unit within the City of Columbia
Heights is requested against rental properties at: 4610-4612 Fillmore Street, 3819 Van Buren
Street, 939 42'/2 Avenue N.E. (Removed), 943 42nd Avenue N.E. for failure to meet the
requirements of the Residential Maintenance Code.
Fire Chief Gary Gorman listed the following issues for revocation:
• Resolution 2007-193 for 4610-4612 Fillmore Street is an occupied duplex with outside
storage.
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City Council Minutes
Monday, October 08, 2007
Page 7 of 14
• Resolution 2007-194 for 3819 Van Buren Street is a new rental property that is occupied.
The inspection found a list of seven items to correct.
• Resolution 2007-197 for 943 42nd Avenue is an occupied duplex with indoor and outdoor
violations.
Nawrocki stated that the Filimore address that was removed has a pile of garbage in the alley.
Mayor Peterson asked if there was anyone present regarding any of these properties. There was
not.
Motion by Williams, second by Nawrocki, to close the public hearing and to waive the reading
of Resolution Numbers 2007-193, 2007-194, 2007-197, there being ample copies available to the
public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Nawrocki., to adopt Resolution Numbers 2007-193, 2007-194,
2007-197, being Resolutions of the City Council of the City of Columbia Heights approving
revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental
licenses listed. Upon vote: All ayes. Motion carried.
(Resolutions are listed at the end of this docitiment.)
B. Declaration of a nuisance and abatement of violations within the City of Columbia Heights, by
Resolution, is requested regarding property at 4224 Jackson Street, 4618 Polk Street, 230 44tH
Avenue, 4415 Main Street, 4634-46 Polk Street for failure to meet the requirements of the
Residential Maintenance Code.
Fire Chief Gary Gorman listed the following issues for abatement:
• Resolution No. 2007-199 at 4224 Jackson St. is a vacant property with scrub growth and
brush piles.
• Resolution No. 2007-200 at 4618 Polk St. is an occupied property with scrub growth and
broken picture window
• Resolution No. 2007-201 at 230 44th Ave. has three violations on the exterior
• Resolution No. 2007-202 at 4415 Main St. is vacant property with three exterior violations
• Resolution No. 2007-203 at 4634-36 Polk St. is vacant and going back to the bank with eight
violations.
Mayor Peterson asked if there was anyone present regarding any of these properties. There was
not.
Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of
Resolution Numbers 2007-199, 2007-200, 2007-201, 2007-202, and 2007-203 there being ample
copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Nawrocki, second by Diehm, to adopt Resolution Numbers 2007-199, 2007-200,
2007-201, 2007-202, 2007-203, being resolutions of the City Council of the City of Columbia
Heights declaring the properties listed a nuisance and approving the abatement of violations from
the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried.
Nawrocki stated that the retaining wall at 4640 Polk Street has graffiti on it.
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City Council Minutes
Monday, October 08, 2007
Page 8 of 14
(Resolutions ar-e listed at the end of this docz~ment.)
ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst commended Fire Chief Gorman and the City Attorney for expediting the public hearings
process. We are also looking at, as Minneapolis does, to expedite property cleanup to three or four
days in specific cases. He requested Council's general feeling on this.
Nawrocki stated that the inspectors do a good job. Even Circle Terrace is a lot better than it was.
Appliances and TV's left on curbs are still an issue. Fehst stated that tags are left, but now there are
mattresses sitting out on a couple of properties. Fehst referred to speeding up the process for weed
notices. Jim Hoeft, City Attorney, indicated that some of this may require ordinance changes.
Second violations would not have to come back before Council and would reduce the number or
need for administrative search warrants.
Gorman indicated that the first reading of the new property maintenance code will be at the October
22°d Council meeting. Over 600 notification letters were mailed for the hearing.
Nawrocki indicated that the MN Petroleum property has been cleaned up. There are other properties
there with expired vehicle tabs. Fehst stated that maybe addressed under the proposed code, but may
have grandfathered rights.
Nawrocki
• Our garbage hauler is now dumping in Wisconsin, not Elk River, which is not by our
contract. You can assume they are saving money on this, and we gave them a reduction for
appliance hauling. We should find out what they are saving.
• Waiting for the departmental budget books.
• A resident requested their water bill be due other than at tax time. Fehst stated that we could
look at monthly billing. People are more able to budget money for utilities. Williams asked
how long the grace period is. Fehst stated that we work with residents.
• Comprehensive Plan meeting and budget meeting are both set for November 19. Staff will
research and correct this.
Report of the City Attorney -none
CITIZENS FORUM -none
COUNCIL CORNER
Kelzenberg
• Hope everyone had a good Columbus Day.
Williams
• Read email regarding a teen brawl and negative comments made to officers. It was requested
that City Council members take control of the City. Has the three strike ordinance been
passed? Fehst stated it woisld be in the upcoming Maintenance Code. Does this change the
number of occupants per household? Fehst stated yes.
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City Council Minutes
Monday, October 08, 2007
Page 9 of 14
Diehm
Fire Department Open House is this Saturday, October 13, from 11:00 a.m. to 3:00 p.m. It
will be a fun, educational, free, family activity. Come and support our fire department.
Nawrocki
• In the youth. incident referred to, there was a youth party without parental approval where
other youths tried to crash the party. The police responded quite appropriately. Referred to
the difference in respect for officers from his youth to now.
• Referred to past discussion of meal reimbursements, and indicated he was not aware that
receipts were requested. The Manager had indicated he should have known this, even though
he signed his expense reports without receipts. Referred to a meal expense for the Manager,
Mayor and one Councilmember. Fehst repeated that Councilmember Nawrocki was made
aware of this the first time he turned in a reimbursement. Fehst addressed the multiple meal
charge and stated that receipts are given upon request.
Peterson
• Don't forget our service men and women. Thank them for our freedoms. Don't take life to
seriously, and do a random act of kindness.
ADJOURNMENT
Mayor Peterson adjourned the meeting at 8:46 p.m.
Patricia Muscovitz CMC
City Clerk
RESOLUTION 2007-193
Resolution. of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article
IV, Section SA.408(A) of that certain residential rental license held by Moshen Dessouki (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4610-4612 Fillmore Street N.E., Columbia Heights,
Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons
for the proposed Council action contained herein was given to the License Holder on September 20, 2007 of an public hearing to
be held. on October 8, 2007.
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 15, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted
three violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed
on the Rental Housing License Application.
2. That on September 20, 2007, inspectors for the City of Columbia Heights, reinspected the property and. noted two
violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on
the rental housing license application.
3. That on September 26, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property
and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the
address listed on the rental housing license application.
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Monday, October 08, 2007
Page 10 of 14
4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential
Maintenance Code were found to exist, to-wit: Shall remove all/any outside storage from the property.
5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the pravisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
i. The rental license belonging to the License Holder described herein and identified by license number F8405 is hereby
revoked.
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 shall 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.
RESOLUTION 2007-194
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article
IV, Section SA.408(A) of that certain residential. rental license held by Nicholas Miller (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 3819 Van Buren Street N.E., Columbia Heights,
Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons
for the proposed Council action contained herein was given to the License Holder on September 10, 2007 of an public hearing to
be held on October 8, 2007.
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 15, 2007, inspectors for the City of Columbia Heights, inspected the property described above and. noted
seven violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed
on the Rental Housing License Application.
2. That on September 10, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted. seven
violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on
the rental housing license application.
3. That on September 27, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property
and noted seven violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the
address listed on the rental housing license application.
4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential
Maintenance Code were found to exist, to-wit: Shall remove the scrub growth all around the house and the yard, shall
repair the shed doors, shall repair the overhead garage door, shall replace the siding on the garage, shall scrape and paint
the garage, shall replace broken window in the rear of the house, and shall remove all/any outside storage from the
property.
5. 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, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F8662 is hereby
revoked.
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 shall 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.
RESOLUTION 2007-197
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article
IV, Section SA.408(A) of that certain residential rental license held by Alfonso Carrillo-Arellano (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 943 42"d Street N.E., Columbia Heights, Minnesota,
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City Council Minutes
Monday, October 08, 2007
Page 11 of 14
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons
for the proposed Council action contained herein was given to the License Holder on September 19, 2007 of an public hearing to
be held on October 8, 2007.
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 14, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted
nine violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed
on the Rental Housing License Application.
2. That on September 19, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted nine
violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on
the rental housing license application.
3. That on September 28, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property
and noted seven violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the
address listed on the rental housing license application.
4. That based upon said records of the Enforcement Office, the following conditions and. violations of the City's Residential
Maintenance Code were found to exist, to-wit: Shall remove all/any vehicles from landscaped areas of the property, shall
install sod, or grass seed, or approved landscape material along the driveway where the cars have been illegally parking,
shall paint the bare sheetrock on the entrance stairs, shall install a switch plate on the dimmer switch in the hallway, shall
install a cover on the electrical box in the basement hallway ceiling, shall remove all/any outside storage from the
property, and shall remove the electrical extension cord that is being used to power the washing machine.
5. 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, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F8628 is hereby
revoked.
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 shall 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.
RESOLUTION 2007-199
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of
ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Matthew Bjorgum (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4424 Jackson Street N.E., Columbia Heights,
Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and
reasons for the proposed council action contained herein was sent via certified mail to the owner of record on September 12,
2007.
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 July 5, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September I2, 2007 inspectors reinspected the property listed above. Inspectors noted that two violations
remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner
listed in the property records.
3. That on September 27, 2007 inspectors reinspected the property and found that two violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were
found to exist, to wit: Shall remove all areas of scrub growth around. the fence and foundation, and shall remove brush
pile in the rear.
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Monday, October 08, 2007
Page 12 of 14
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4224 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code
as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings
relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may
be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL.
1. The property located at 4224 Jackson Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2007-200
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of
ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Craig Young (Hereinafter "Owner
of Record").
Whereas, the owner of record is the legal owner of the real property located at 4618 Polk Street N.E., Columbia Heights,
Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and
reasons for the proposed council action contained herein was sent via certified mail to the owner of record on September 20,
2007.
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 15, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 20, 2007 inspectors reinspected the property listed above. Inspectors noted that two violations
remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner
listed in the property records.
3. That on September 26, 2007 inspectors reinspected the property and found that two violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were
found to exist, to wit: Shall remove the scrub growth from along the back of the property, and shall replace the broken
picture window
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCII.
1. That the property located at 4618 Polk Street N.E. is in violation of the provisions of the Columbia Heights City Code as
set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings
relevant to the abatement of violations on the property listed. above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may
be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 4618 Polk Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall. be served upon all relevant parties and parties in interest.
RESOLUTION 2007-201
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of
ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Ryan Riemenschneider (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 230 44`h Avenue N.E., Columbia Heights,
Minnesota.
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Monday, October 08, 2007
Page 13 of 14
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and
reasons for the proposed council action contained herein was sent via certified mail to the owner of record on September 11,
2007.
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 July 19, 2007 an inspection was conducted on the property listed above. Inspectors found nine violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 11, 2007 inspectors reinspected the property listed above. Inspectors noted that five violations
remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner
listed in the property records.
3. That on September 26, 2007 inspectors reinspected the property and found that three violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were
found to exist, to wit: Shall repair the tom screens on the back of the house, shall repair the door knob on the garage
service door that is loose and ready to fall off, and shall replace the broken front window.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 230 44`" Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as
set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings
relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may
be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 230 44`" Avenue N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2007-202
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of
ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Fikree Abdul Rashid (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4415 Main Street N.E., Columbia Heights,
Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and
reasons for the proposed council action contained herein was sent via certified mail to the owner of record on September 20,
2007.
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 20, 2007 an inspection was conducted on the property listed above. Inspectors found three violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 20, 2007 inspectors reinspected the property listed above. Inspectors noted that three violations
remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner
listed in the property records.
3. That on September 26, 2007 inspectors reinspected the property and found that three violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were
found to exist, to wit: Shall fix fence in the rear, shall remove pile of leaves in yard, and shall pick up garbage throughout
the yard.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4415 Main Street N.E. is in violation of the provisions of the Columbia Heights City Code as
set forth in the Notice of Abatement.
2e That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings
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City Council Minutes
Monday, October 08, 2007
Page 14 of 14
relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may
be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL.
1. The property located at 4415 Main Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2007-203
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of
ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Sharon Smith-Akinsanya
(Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4634 Polk Street N.E., Columbia Heights,
Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and
reasons for the proposed council action contained herein was sent via certified mail to the owner of record on September 11,
2007.
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 13, 2007 an inspection was conducted on the property listed above. Inspectors found eight violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 11, 2007 inspectors reinspected the property listed above. Inspectors noted that eight violations
remained. uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner
listed in the property records.
3. That on September 26, 2007 inspectors reinspected the property and found that eight violations remained uncorrected.
4. That based. upon said records of the Fire Department, the following conditions and violations of City Codes(s) were
found to exist, to wit: Shall sod or seed or install approved landscaping material in the rear yard, shall repair the fence in
the rear.. boards are missing and broken, shall repair the garage door that has holes in it.. Shall paint, stain, or seal the
bare wood on the door, shall remove the dead tree (tree stump) in the front yard... Shall remove the dead birch tree in the
front yard, shall remove the scrub growth on the rear slope by the alley, shall install grass seed, sod, or approved
landscaping material where the large dirt pile is sitting in the front yard. (Remove dirt pile), shall install a retaining wall
system on the slope/hill in the rear by the alley, and shall remove all/any outside storage from the property.
~. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(8).
CONCLUSIONS OF COUNCIL.
1. That the property located at 4634 Polk Street N.E. is in violation of the provisions of the Columbia Heights City Code as
set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings
relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may
be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCII..
1. The property located at 4634 Polk Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
18
PROCEEDINGS OF COLUMBIA HEIGHTS
CITY COUNCIL MEEETING
SPECIAL ASSESSMENT LEVY HEARING
ZONE 7 SEAL COAT IMPROVEMENTS
OCTOBER 15, 2007
Roll Call/Pledge of Allegiance
Present: Mayor Peterson, Councilmember Williams, Councilmember Diehm, Councilmember
Kelzenberg
Tardy: Councilmember Williams
Resolution No 2007-205 being a Resolution Adopting the Assessment Rolls for the Zone 7
Seal Coat Improvements
Hansen listed the Zone 7 area. Hansen stated that specifications were changed to use trap rock.
The end product was better. The interest rate was noticed at 7.5%. Hansen recommended
adding 1.25% to the bond rate for the final interest rate.
Questions/Comments from City Council and the Public.
Tim Utz, 556 40th Avenue, asked why he was assessed $86. Hansen explained the avenue/street
assessment policy and stated that he was charged for Summit Avenue.
Motions:
Motion by Kelzenberg, second by Diehm, to close the Public Hearing and waive the reading of
Resolution No. 2007-205, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2007-205, being a
resolution adopting assessment rolls for the Zone 7 Seal Coat improvements.
Motion to amend by Nawrocki, to change the interest rate to five percent. Mayor Peterson
called for a second. Motion died for lack of a second.
Motion to amend by Diehm, second by Kelzenberg, to change the interest rate to six percent.
Fehst stated that motions at past hearings were six percent. Nawrocki stated that we are now
adding administrative fees to the cost. Hansen stated that seal coating does not have
administrative costs added.
Councilmember Williams arrived at 6:46 p.m.
Upon vote of the Motion as amended: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki,
aye; Peterson, aye. Motion carried.
RESOLUTION N0.2007-205
RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR PROJECT N0.0701
ZONE 7 SEAL COAT BITUMINOUS STREETS
Adopting assessment roll according to the City Charter for the following local improvements and determining that said
improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments
numbered 2007-Z7-01-001 and 2007-Z7-O1-002, 2"d Street, 40`" Avenue to 43`d Avenue and 44`" Avenue to 45`" Avenue,
2'/z Street, 44`" Avenue to 45`" Avenue, 3`d Street, 40`" Avenue to 45`" Avenue, Lookout Place, Summit Street to Alley, 5`"
Street, 37`" Avenue to 38`" Avenue, Madison Street, 37`" Avenue to 38`" Avenue, 38`" Avenue, 5`" Street to East of Madison
19
Place, 38`h Place, Madison Street to Dead-end, Summit Street, Lookout Place to 40`h Avenue, 39"' Avenue, Main Street to
2"a Street, 41S` Avenue, Main Street to 3`a Street, 42"a Avenue, Main Street to 2"a Street, 43`a Avenue, Main Street to 2"a
Street, 45"' Avenue, Main Street to East of 3`a Street and adjoining streets or avenues all in Project 0701.
WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:30 o'clock p.m. on the 15a' day of
October, 2007, in the City Council Chamber, 590 40"' Avenue N.E., Columbia Heights, Minnesota, being the time and place
set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the
proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore
duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the
assessment; and,
WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an
assessment roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment
Roll for Local Improvements" numbered 2007-Z7-O1-001 and 2007-Z7-O1-002, Project 0701.
Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said
assessment roll was and is especially benefited by such improvement in an amount not less than the
amount set opposite in the column headed "Assessment Amount". And this Council further finds and
determines that the proper proportion of the cost of such improvements to be especially assessed against
such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land
respectively in said assessment roll.
Section 3: That said assessments may be paid in part or in full without interest on or before November 14"', 2007.
Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning
with the taxes payable in the year 2008. The annual principal installments, together with 6% interest
accrued on the unpaid balance are due and payable with the real estate taxes for a period of one year or
less as designated on the assessment roll.
Section 4: That this Council did hereby determine and re-determine to proceed with said improvement, does ratify
and confirm all. other proceedings heretofore had in regard to this improvement, and said improvement
shall hereafter be known and numbered. as Local Improvement numbered 2007-Z7-O1-001 and 2007-Z7-
01-002 -Project 0701.
Section 5: This resolution shall take effect immediately upon its passage.
Adjourn
Mayor Peterson adjourned the meeting at 6:50 p.m.
Patricia Muscovitz CMC
City Clerk
Zo
PROCEEDNIGS OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
SPECIAL ASSESSMENT LEVY HEARING
ZONES 2 & 3 STREET REHABILITATION
OCTOBER 15, 2007
Roll Call/Pledge of Allegiance
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember
Diehm, Councilmember Kelzenberg
Resolution No 2007-206 being a Resolution Adopting the Assessment Rolls for the Zone 2 and 3
Street Rehabilitation Improvements
a. Presentation by City Staff providing background information on the above mentioned
improvement projects.
Kevin Hansen, Public Works Director, asked those present to sign in. He stated that this hearing
is for consideration of the interest rate and levying the assessments for road reconstruction. If
anyone has comments on construction issues, they were asked to write down their concerns to
be addressed by staff. Hansen stated that the project is essentially complete; with only minor
sodding left and final bituminous is being laid. Funding is consistent with that the initial
improvement hearing. Hansen explained that assessments are determined on a unit based rate
and the type of work completed. Water service replacement costs were lower than expected.
The initial amount was noticed at 7 percent for 10 years for mill and overlay and 15 years for
full reconstruction. There is a 30 day period to pay any or all of the assessment. Any remaining
portion will be certified to the County and appear on taxes beginning in 2008. The rates noticed
do include a 10 percent administrative fee. Staff has received a written notice from 3975
Johnson Street agreeing to the alternative assessment amount.
b. Questions/Comments from City Council and the Public.
Nawrocki stated that some of the reconstruction work is not done. This meeting should not be
held until the work is complete. Hansen stated that it is not unusual to have the improvement
hearing and levy hearing on the same night. He indicated that with a wet, late Fall and utility
work issues, completion was held back. Nawrocki indicated that 5`h Street between 37`h and 38`h
used to be a state aid street and should have been brought up to good condition before it was
turned over to the city, so seal coating would not have been necessary this soon. Hansen stated
that street was removed from state aid by City resolution. Nawrocki referred to 3975 Johnson
Street and indicated the owner is having health problems. He indicated the history of the
property and street names and assessments associated with the property since 1920. Nawrocki
questioned if the property is being fairly treated.
Patricia Goodman, 1812 39`" Avenue, stated that the work was done on Hayes and questioned
why they were billed for it. Hansen described the utilization of street/avenue assessment
charges, with all residents eventually receiving two assessments. Hansen explained the
assessment payment process.
Dave Seawell, 4126 Tyler, stated that his work was completed today. He has a rain garden and
questioned if he should be sure the plants grow before paying the assessment. Hansen stated
that nine rain gardens were placed and the plants have a one year warranty, but the sod has only
a 30 day warranty.
Ken Rice, 4131 Cleveland Street, indicated concern with incomplete aesthetic repairs by
CenterPoint. A manhole cover was laid in his yard and killed the grass, but was not replaced.
21
Hansen stated that they will re-sod such areas.
Marlin Kirschbaum, 1619 41 S` Avenue, questioned removal of extra cement and replacement
with dirt. Hansen stated that abandoned driveway opening are replaced with dirt and a curb.
Mike Carroll, 3947 Hayes, complimented staff on the response to their issues. He questioned if
he had to pay the same amount as his neighbor that got his curb replaced, and he did not.
Hansen described the process to determine the need for curb replacement and the associated
policy. Fehst referred to miscellaneous concrete repair if necessary. Carroll indicated this was
not a fair policy.
Yvonne Smith, 2201 391/2 Avenue, questioned why she had two assessments. Hansen explained
the street/avenue assessment concept. Smith asked if this had to be paid immediately. Diehm
described the options to pay all or a portion now, with the remainder owed to be placed on the
property taxes averaged over the next ten years. Hansen described the different types of street
repair.
Anthony Roitero, 2310 401h Avenue, stated that he received a bill for a street he does not live
on. Hansen explained the street/avenue assessment concept.
Walter Bochnak, 3705 Hayes Street, stated that she had problems in the past with sewer
backups, and wanted to know if this would fix that problem. Hansen stated that Hayes Street
had some sanitary sewer replacement and portions not replaced will be relined in two years.
Marie Simon, 1660 Fairway Drive, asked why her bill is higher than others. Hansen stated that
every property with a partial reconstruction would pay the same amount unless they have a stop
box. Fehst indicated that he had referred her to GMHC for grant assistance. Hansen stated there
is also the senior citizen deferment available, and he would meet with her to explain the
options.
Nawrocki stated that CMHC assistance must be applied for prior to construction.
Jeff Streeper, 1610 Fairway Drive, questioned if the final cost was the same as it was estimated
at this spring. Hansen stated yes, unless the property had curb stop work completed.
Motion by Diehm, second by Williams, to close the Public Hearing and waive the reading of
Resolution No. 2007-206, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
Motion by Diehm, second by Williams, to adopt Resolution No. 2007-206, with an interest rate
reduction to six percent, being a resolution adopting assessment rolls for the Zone 2 and 3
Improvements.
Motion to amend by Nawrocki, that the full reconstruction cost of $3,811 for 3975 Johnson
Street be removed from the assessments, leaving the charged for water, curb and stop box.
Williams asked if there was a special agreement with them. Hansen stated that they agreed to
pay 75 percent on one charge and 25 percent on the other. Nawrocki stated that the owner's
wife is under serious medical care. Hansen stated that this follows our current policy. Nawrocki
stated that is a unique property. Diehm indicated the importance to follow policy, but we are
willing to work with property owners. The policy fairly distributes the cost between property
owners. Nawrocki referred to the letter received from the owner. Peterson stated that the City
Engineer did follow up on that letter.
22
Peterson called for a second to the amendment. There being no second to the amendment, the
motion died for lack of a second.
Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye;
Peterson, aye. Five ayes. Motion carried.
RESOLUTION N0.2007-206
RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR PROJECT N0.0702
ZONE 2 AND 3 STREET REHABILITATION
Adopting assessment roll according to the City Charter for the following local improvements and determining that said
improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments
numbered 2007-Z2-02-001, 2007-Z2-03-001, 2007-Z2-44-001, 2007-Z3-03-001, and 2007-Z3-44-001, Full Street
Reconstruction on Ulysses Street, Johnson Street to the Cul-de-sac; Partial Street Reconstruction on Tyler Street, 41st
Avenue to 42"d Avenue, Polk Street, 4152 Avenue to 42"d Avenue, Hayes Street, 37`h Avenue to 41St Avenue, Cleveland
Street, 39"' Avenue to 40`" Avenue and 4151 Avenue to 42"d Avenue, McKinley Street, 39`/z Avenue to 40`h Avenue, and
Fairway Drive, 49`h Avenue to Fairway Drive; and Mill and Overlay on Polk Street, 42"d Avenue to 43`d Avenue, 39"'
Avenue, Cleveland Street to McKinley Street, 39'/z Avenue, Cleveland Street to McKinley Street, and Tyler Street, 49"'
Avenue to 50`h Avenue and adjoining streets and avenues all in Project 0702 -Zone 2 and 3.
WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 15"' day of
October, 2007, in the City Council Chamber, 590 40`h Avenue N.E., Columbia Heights, Minnesota, being the time and place
set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the
proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore
duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the
assessment; and,
WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an
assessment roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 1: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment
Roll for Local Improvements" numbered 2007-Z2-02-001, 2007-Z2-03-001, 2007-Z2-44-001, 2007-23-
03-001, and 2007-Z3-44-001, Project 0702.
Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said
assessment roll was and is especially benefited by such improvement in an amount not less than the
amount set opposite in the column headed "Assessment Amount". And this Council further finds and
determines that the proper proportion of the cost of such improvements to be especially assessed against
such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land
respectively in said assessment roll.
Section 3: That said assessments may be paid in part or in full without interest on or before November 14"', 2007.
Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning
with the taxes payable in the year 2008. The annual principal installments, together with 6°/" interest
accrued on the unpaid balance are due and payable with the real estate taxes for a period of fifteen years
or less as designated on the assessment roll.
Section 4: That this Council did hereby determine and re-determine to proceed with said improvement, does ratify
and confirm all other proceedings heretofore had in regard to this improvement, and said improvement
shall hereafter be known and numbered as Local Improvement numbered 2007-Z2-02-001, 2007-22-03-
001, 2007-Z2-44-001, 2007-Z3-03-001, and 2007-Z3-44-001, Project 0702.
Section 5: This resolution shall take effect immediately upon its passage.
Resolution No 2007-207 being a Resolution to Certify Petition and Waiver Assessments
Motion by Williams, second by Diehm, to waive the reading of Resolution No. 2007-207, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-207, being a
resolution to certify petition and waiver assessments.
Nawrocki questioned if there was a Public Hearing on this. Hansen stated that each owner
agreed by petition and waiver.
23
Upon vote: All ayes. Motion carried.
RESOLUTION N0.2007-207
RESOLUTION CERTIFYING PETITION AND WAIVER ASSESSMENTS
WHEREAS, property owners petitioned the City Council for certain improvements and waived their rights for public
hearings and appeals as provided in Minnesota State Statute; and,
WHEREAS, said improvements have been completed; and,
WHEREAS, this Council has heretofore estimated and fixed the cost of such improvements and. has prepared an assessment
roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment
Roll for Petition and Waiver Construction Work" numbered 2007-SP-31-001.
Section 2: That said assessments may be paid in part or in full without interest on or before November 14`h, 2007.
Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning
with the taxes payable in the year 2008. The annual principal installments, together with 6% interest
accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years.
Section 3: This resolution shall. take effect immediately upon its passage.
Adjourn
Mayor Peterson adjourned the meeting at 7:50 p.m.
Patricia Muscovitz CMC
City Clerk
24
City of Columbia Heights
Park and Recreation Commission
September 26, 2007
Eileen Evans called the meeting to order at 6:30 p.m.
ROLL CALL
Members present: Eileen Evans; Jerry Foss; Tom Greenhalgh; Stan Holum;
Kevin McDonald; David Payne; Marsha Stroik; Keith
Windschitl, Recreation Director; Kevin Hansen, Public
Works Director/City Engineer; Gary Peterson, Mayor
Also present: Candace Amberg, RLA of Brauer & Associates, Ltd.
APPROVAL CONSENT AGENDA
Motion by Foss, second by Payne, to approve consent agenda. Upon vote: all ayes,
motion carried.
LETTERS AND REQUESTS
A. Letter of request for a resident discount rental rate of JPM
A letter of request was received from the Minnesota West Coast Swing Dance Club, to
continue to receive the resident discount rate for the rental of John P. Murzyn Hall twice
a year. Windschitl stated that the group rents on Friday evening in May and December.
It is awell-managed event that has never had any damage. This group has a member that
resides in Columbia Heights but is moving at the end of the year. Windschitl
recommends continuing with the resident discount.
Motion by Foss, second by McDonald, to give the 25% resident discount rental rate of
JPM to the MN West Coast Swing Dance Club. Upon vote: all ayes, motion carried.
B. Addition: Request for a refund of rental fees for JPM
A letter of request was received from the class representatives of the Columbia Heights
High School Class of 1997 reunion committee. The group was forced to cancel their
upcoming reunion at JPM due to a poor response for attendance. The request is for any
amount to be refunded back to the class account. Windschitl stated that if the committee
would have canceled earlier the date would have been re-rented. He feels sorry for their
situation, but stated that it is a loss of revenue because the date could not be rented within
the 3-week cancellation period.
Motion by Foss, second by Holum, not to refund the five hundred dollar down payment.
Upon vote: all ayes, motion cai7-ied.
OLD BUSINESS
A. 2007 Parks Capital Improvements• Silver Lake Park & Sullivan Lake Park
Hansen introduced consultant Candace Amberg, RLA from Brauer & Associates, Ltd. To
discuss Sullivan Lake & Silver Lake Park improvement projects.
25
Park & Recreation Commission
9/26/2007
Page 2
Amberg reviewed the site layout for Sullivan Lake Park. The construction budget is
estimated at approximately $250,000 to $300,000. The parking lot will be two to three-
feet lower than the street grade with two-foot contours for screening. The trail leading to
the existing building will be ten-feet wide to allow for utility vehicles. All other trails
will be eight feet wide. Clearing and removal of trees will be needed for a better view of
the lake. There will be an open turf area where the current pergolas are located. Due to
the grade separation between the parking lot and tennis courts a retaining wall maybe
needed around the courts.
Evans asked what could be cut from the site layout to lower the cost. Hansen replied that
there will be things that the Public Works Department can take care of to lower the
estimated cost for the current site layout. The Department can take care of many of the
removals like the pergolas, concrete and playground equipment. The Department can
also look into paving of the trail once the land is graded. Amberg commented the
estimate cost of removals alone is approximately $40,000.
Amberg stated that there would be approximately 2000 square feet for the play area; the
budget for the playground equipment is approximately $20,000. The site plans include
wood chips underneath the equipment, a concrete curb around the area and a ramp into to
playground area for A.D.A access. Examples were shown for shelter options. Hansen
replied that we should create uniformity within all of the parks in the design of the
shelter. He will also approach Medtronic for supporting funds regarding the shelter. The
existing park benches and picnic tables are in good shape and can be reused. Amberg
stated the plan shows approximately $40,000 of trail work. Hansen indicated that, as an
option, the City street crew could do a lot of the trail work once the grading is done. The
existing shelter would need to be removed because we lack the equipment needed for the
removal. The Public Works Department can do all other removal. The playground
equipment will be geared towards five to twelve years of age. Hansen stated that we
would like to maintain current equipment offerings and we would like to see swings at
the park. Amberg indicated that swings do take up a lot of area.
Hansen indicated that many of the existing lighting could be used around the trail to keep
costs down. He requested for Amberg to supply the Commission Members of shelter
samples within the budget. A square shelter versus an octagonal shelter would allow for
more people. Amberg will also look into cutting costs within the trail system. Some of
the connecting trails may not be needed at this time and could be a future addition.
Current trails may not need to be replaced.
Amberg reviewed the site layout for Silver Lake Park. The plans involve removing off
the existing cul-de-sac and parking lot, creating cone-way traffic and parking area.
There will still be enough room for a vehicle to turn around when the gate is closed to the
park entrance. Hansen stated that when the police patrol the area and use the turn around
they would shed light on the whole park. Amberg stated that the layout plans for removal
of the drive down to the lake. Majority of the sand area will be converted into turf.
Trails will lead from the parking lot down to the shelter, play areas and beach. Existing
building would stay. Installing a 24x20 foot metal roof shelter. The new picnic shelter
26
Park & Recreation Commission
9/26/2007
Page 3
would have a budget of approximately $25,000 installed. Some of the beach area would
be removed where problems have occurred late at night. The play are could be lessened
because of what is currently existing, there is no need to extend or increase the intensity
of that are. Evans indicated concerns with concentrating all of the activity towards the
beach area.
Hansen indicated that the work at Silver Lake Beach will take longer and cannot happen
in 2007 partly because of the involvement with the Rice Creek Watershed District. Any
type of improvements will involve intensive treatments before runoff flows into Silver
Lake. Infiltration basins are needed for any park improvements. Hansen indicated that
the Rice Creek Watershed District might be willing to fund some of the infiltration
because there currently isn't any in place. He would like to see a pedestrian connection
for future possibilities with the Three Rivers Park. Hansen suggested moving the trail on
the hill to the north side for an easier walking trail and showing it as a future addition.
He will re-establish a connection with the Rice Creek Watershed District to see how
much funding they are willing to provide for a bio-infiltration system.
Hansen indicated that once the park plans reach 85-90% complete, he will get the park
plans from Brauer & Associates, Ltd. and post them on the Internet, at Public Works,
City Hall and the Columbia Heights Library for public review. Silver Lake
improvements are budgeted in 2008. Removals may get started in 2007.
B. MNDNR Inspection 8/30/07
Hansen. reported that the DNR inspects our parks to see if we match all of the
requirements originally placed on the parks that received state or federal funding.
Because Sullivan and Silver Lake Parks received some of this funding we need to submit
the plans to the DNR. This item should be noted for other future park improvements
within the City.
C. LaBelle Park Boardwalk Area: Condition analysis and temporary closure
Hansen reported that the current boardwalk is unsafe. The decking has been replaced in
the past but now the joist work is rotted and can. no longer be replaced. He suggests
getting an inspection of the piers and the sheeting on the boardwalk.
Peterson asked if the boardwalk could be removed to create a shoreline. Hansen replied
that because this is a DNR pond there are specific shoreline requirements that need to be
met. In either case restorative work is expensive and we would be looking at six figures
to remove the boardwalk and restore the shoreline or restore the boardwalk. Hansen
indicated that the main concern is if the Commission Members and City Council
ultimately want to have this type of feature, an overlook, at LaBelle.
For the short-term of one to two years, Hansen suggests putting up a five-foot high chain
link fence to block off the area. This will allow time for inspections and to get a better
feel for what is happening to the boardwalk under the water. This could then be a park to
focus on in 2009.
27
Park & Recreation Commission
9/26/2007
Page 4
McDonald asked what would happen if nothing was done for two years. Hansen
indicated that there is an exposure to risk and with the chain fence in place we would be
delineating the area that people should not be in. The fence would cost approximately
$2,800.
Hoium stated that the current orange fence does not do any good and is already broken.
He suggests putting up the chain link fence. McDonald indicated that the same type of
boardwalk should not be put in again to avoid the same type of maintenance problems in
the future. He suggests smaller type of walkout areas.
Motion by Greenhalgh, second by Foss to install the five-foot chain link fence at LaBelle
Park, while the investigative work is done. Upon vote, all ayes, motion carried.
D. 2008 Comprehensive Plan Update
Hansen gave the Commission Members a packet of information on the existing Park and
Open Space Plan. The Metropolitan Council requires all City's in the metro area to
update their existing comprehensive plans by the end of 2008. The consulting firm of
Bonestroo/DSU was hired to assist with the plan preparation. Hansen indicated that the
Commission Members should plan to attend the upcoming meeting listed on the memo.
NEW BUSINESS
None at this time.
REPORTS
Recreation Director
Windschitl reported that the next Park & Recreation Commission meeting would include
the annual budget meeting. The Commission meeting will be held on Wednesday,
October 24, 2007 at 6:30 with the budget meeting at 8:00.
Public Works Director/City En ig Weer
None at this time.
Commission Members
None at this time.
ADJOURNMENT
Chair Eileen Evans adjourned the meeting at 8:05 p.m.
Deanna Saefke
Recreation Clerk Typist II
28
COLUMBIA HEIGHTS -CITY COUNCIL LETTER
Meeting of: October 22, 2007
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: Administration APPROVAL
ITEM: Establish Work Session BY: Walt Fehst BY:
Dates DATE: October 15, 2007 DATE:
NO:
It is proposed to establish a work session meeting date on Monday, November 5, 2007 at
7:00 p.m. in the Council Chambers to discuss Public Safety and Community Center
overview and update.
It is also proposed to establish a joint work session with. Columbia Heights Boards and
Commissions for the purpose of Comprehensive Plan discussion to be held on Wednesday,
December 5, 2007, at 7:00 p.m. in the Council Chambers.
Recommended Motion:
MOTION: Move to establish a work session on November 5, 2007 at 7:00 p.m. to discuss
Public Safety and Community Center overview and update, and December 5, 2007, at 7:00
p.in. to discuss the Comprehensive Plan, both scheduled in the City Hall Council Chambers.
COUNCIL ACTION:
29
CITY COUNCIL LETTER
Meetin of October 22, 2007
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE APPROVAL:
ITEM: Transfer of Funds from General Fund to Police BY: Thomas M. Johnson BY:
NO. Dept Budget to Reimburse Overtime Fund DATE: 10/12/2007 DATE:
BACKGROUND
During the past three months, the Police Department has been involved in off-duty employment details
that are handled through the department. These details were security details at Unique Thrift Store and a
security detail for Immaculate Conception Church.
Since this type of off-duty employment is handled through the department, officers have signed up and
worked these details since August 7, 2007 and we have received a check from the following entities:
Unique Thrift Stores for $768.50 and Immaculate Conception Church for $795.00. This money is
considered revenue and it was placed in the City General Fund.
ANALYSISlCONCLUSION
The Police Department is requesting that the City Council pass a motion requiring the $768.50 received
from Unique Thrift Stores and the $795.00 received from Immaculate Conception Church be returned to
the 2007 Police Department Budget Line #1020.
RECOMMENDED MOTION:
Move to transfer $768.50 received from Unique Thrift Stores and $795.00 received from Immaculate
Conception Church, a total of $1563.50 from the General Fund to the Police Department 2007 Budget
under line # 1020, Police Overtime.
TMJ:kao
07-173
COUNCIL ACTION:
30
City of Columbia Heights Police Department
MEMO
To; Chief Thomas Johnson
From: Captain William J. Roddy
Subject: Overtime Transfer
Date: october 4, zoa~
Attached is a list of the overtime re-imbursement received for 2007 from August 7~' through
October 3`~, 2007. This is income from outside sources that has been paid to CHPD for services
of our personnel. Please request transfer of these funds to our overtime account.
Unique Thrift
INVOICE # DATE AMOUNT
023 09-21-07 $768.50
Immaculate Canceution Church
INVOICE # DATE AMOUNT
022 08-13-07 $ 795.00
Total $ l 563.50
Total Amount to be transferred to OT Account
X1563.50
31
- INVOICE
Columbia Heights Police Department
Date: September 21, 2007 Invoice #: 2007-023
Customer Name: Unique Thrift -Attn: Bab Lennartson
Address: 2201 37~' Ave NE, Columbia Heights, MN 55421
Home Phone: Work Phone: 763-7$$-5250
Request for: I Paliee Officers for: August 2047
Sat. 8-04-07 1700-1930 Ni 2.5 hrs.
Tue. 8-07-07 1300-1700 Ok 4hrs.
Sat. 8-11-07 No Officer
Sat. $-18-07 1200-1600 Bo 4 hrs.
Sat. 8-25-07 1530-1930 Ko 4 hrs.
BILLING INFORMATION
Number of Officers: 4 Hours: 14.5
2007 QT Wage is $53.00 hr. Total Due; X768.50
Make checks payable to the City of Columbia Heights.
Please mail paymettt to: City of Columbia Heights Patice Deparnnant, 5S9 Mil! Street iVE, Columbia Heights, MN 55421
FOR DEPARTMENTAL USE ONLY
Officers} an Duty: Off Duty:
Amount Received: Date:
32
Hr't,lucc nb~au, L44
DATE INVOICE NO COMMENT
)9/21/0°7 2007023
AMOUNT DISCOUNT NET AMOUNT
76$.50 .00 76$.50
~~ ~`~'~~
'~ ;;3@
L.F~~3~
~d~..~3~4~:p~. s±. t~~~S
POLtC~ ~~~'k~R i ~~,id7
rHECK: 004367 ].0/01/07 City of Columbia Heights CHK TOTAL: 768.50
REFERENCE:
0 67
043 j
' APOGEE Refiail, PLC ~" ...
3080 Centerville Road Allianoe Bank
Little Canada, MN 65117 `: St. Paul, Minnesota i
(651),773-8077 _ '75-121-918 ~
0
i;
*SEVEN HUNDRED SIXTY EIGHT DOLLARS AND~SO CENT$ o
DATE AMOUNT 8
10/01/07 *******768.50*
r~-Y City of Columbia Heights
TO THE Police Department
ORDER 559 Mi11 Street NE
OF: Columbia Heights MN 55421
.~
i
Il'00~.36?Il' x.09 i9Cl i 2 i 5~.0~~56 i i 6601!'
u'
33
~x ~ INVOICE
Columbia Heights Police Department
Date: August 13, 2007 Invoice #: 2007-022
Customer Name: Immaculate Conception Church (Attn: Fun Fest 2007 Committee}
Address: 4030 Jackson Street NE
Horne Phone: Work Phone: 763-788-9062
Request for: 1 Police Officers far:
Saturday August 1 ith 2007 Bugos (1700-231 S) 6.25 hrs
Sunday August 12th 2007 Bugos (1100-1945) 8.75 hrs
~vl~~~~~
_~n
BILLING INFORMATION
Number of Off eers: 2 Hours: 15.04 hours
2007 4T wage is $53,00 per houY Total Due: $795.00
Make checks payable to the City of Columbia Heights.
Please mail payment to: City of Columbia Heights Police Department, 559 Milf Street NE, Colombia Heights, MN 55421
FOR DEPARTMENTAL USE ONLY
Officer(s) on Duty: ,~ Off Duty:
Amount Received: ~~ Date: ~~ z„ Y' ~ ~
34
sRGH OF THE
ATE CONCEPTION
City of Columbia Heights Police Dept
,ce # Date Due Date
,.~-022 08/1312007 08/13/2007
Total: $795.00
Date: 08/21/2007 Check: 26880
Amount Discoun# Paid Memo
$795.00 -~795.00
To#al: $795.00
~•.:fM
'~_i ~ ~ ~
p~~S~J 6r Jag ~.B p
NOATNEAST BANK
M1lNNEAPOLiS, MN - 6'12-379-8811
COLUMBIA HEIGHTS, MN - 763-788-9351
COON RAPIDS, MN - 763-784-3533
YOUR INDEPENDENT COMMUNITY BANK
17.13-sia
THE CHURCH OF THE
IMMACULATE CONCEPTION
Aa30 JACKSON STAEET, NE.
COLUMBIA HEIGHTS, MN 85A21
****Seven Hundred Ninety-Five and 001100 Doliars****
DATE
08/2112ao7
'A5'
3RDER City of Columbia Heights Police Dep#
~P 559 Miil Stree# NE
Columbia Heights MN 55421
fi~0 268801+~ ,:09 L000 ~ 3 2~:
GQL7~V
26880
26880
AMOUNT
r
~ _ nr
a
b
a
8
ti
i8
LL
i
d
35
CITY COUNCIL LETTER
Meeting of October 22, 2007
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE APPROVAL:
ITEM: Transfer of Funds from General Fund to Police BY: Thomas M. Johnson BY:
NO. Dept 2007 Budget Overtime Line #1020 DATE: 10/12/2007 DATE:
BACKGROUND
During the time period of 07/14/07 to 08/10/07 and from 09/08/07 to 09/29/07, the Police Department took
part in the State Wide Operation Nite Cap program. This program involved putting officers on our streets
on overtime enforcing Driving While Intoxicated laws and Use of Seatbelts. In September, we were
reimbursed by the State of Minnesota for the overtime expended. This was in the amount of $652.49 and
$2,052.88. This money was originally paid out of our 2007 overtime budget and we would like to
reimburse these funds.
ANALYSIS/CONCLUSION
Since the overtime dollars used to participate in this program were initially paid out of our 2007 Police
Budget and because, according to the Finance Director, the funds received from the State to repay this
expenditure are initially considered revenue, they must be placed in the General Fund. The Police
Department would like these funds, $652.49 collected for the time period of 07/14/07 to 08/10/07 and
$2,052.88 collected for the time period of 09/08/07 to 09/29/07, moved back into our 2007 Police
Department Budget line #1020, Overtime from the General Fund.
RECOMMENDED MOTION:
Move to transfer $2,705.37 monies collected from the State of Minnesota for our efforts in the
Operation Nite Cap program from the General Fund to the Police Department 2007 Budget line
# 1020 Overtime.
TMJ:kao
07-185
36
Department of Finance -Vendor Payments - PaymentDetail
`~"y _
;j~h
-' ~ ~ ~_'~~ gyp` ~~~` "1er`4 ~` ~~~~°s~~ -~~`7~' ~~~. ~~ ~ .
7 =- ` r' ~ s~ roe.-+r. ~ 'l,it,~'~.~k~ xar - ~.~r.a}. +f ±r.at r s ~i.~ryr.~~~''~ ?f: .c li
i ,~ : _.
Payment Detail For Vendor:
COL IIMBIA HEIGHTS CITY OF T
No. 03677200100
Page 1 of 1
If you have any questions regarding this payment, call the Contact Phone Number fisted next to the Agency
Code/Description. This is the state agency that made the payment to you and will be able to answer any
questions.
Payment Number : EF00002974661
Payment Amount : 652.49
Payment Date : 2007/09/28
Agency Code! Contact Phone Voucher
Description Number Number
P07STPAT120L- E>51/201-'7020 50000000015
ERNE5T0
Keturn to Payment Summary Pave
Vendor Payment
Invoice Number Amount
OP NCAP 7/14-8/10/07 POLICE 652.49
DE
Select a Different Location
https://www2.mainserver.state. mn.us/potty/servlet/PaymentDetail. j sp?PaymentNo=EF000... 10/S/2007
37
Page 1 of 1
Payment Detail For Vendor:
COL UMBRA HEXGHTS CXTY DF T
Nv. 03677200100
If you have any questions regarding this payment, call the Contact Phone Number listed next to the Agency
Code/Description. This is the state agency that made the payment to you and will be able to answer any
questions.
Payment Number : EF00002987107
Payment Amount : 2,OS2.88
Payment Date : 2007/10/05
Agency Codei Contact Phone Voucher
Description Number Number
P07 ST PATROL- 651/201-7020 50000600022
ERNESTO
Return to Payment Summary Pa~~
Vendor Payment
invoice Number Amount
OP NCAP 9/8-29/07 POLICE 2,052.88
DEPT
Select a IDiffereni l~oc~tian
filed/C:\Documents and Settings\CCH-User\Local Se Sings\Temp\OBRQCIV4.htm 10/5/2Q07
CITY COUNCIL LETTER
MEETING OF: OCTOBER 22, 2007
AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY
NO: FINANCE MANAGER
APPROVAL
ITEM: LIQUOR STORE PROJECT CHANGE ORDERS BY: WILL IAM ELRITE BY:
DATE: OCTOBER 18, 2007
Attached is a memo from the Finance Director to the City Manager explaining three change
orders for the liquor stores project. These change orders total $7,929.76. The City's architect
and City staff have reviewed and negotiated the change orders with the contractor. The first two
changes orders for the storm sewer and state-required plumbing changes are required for the
completion of the stores. The third change order for electrical circuitry for a future generator is
optional. However, staff feels that it is a worthwhile investment as it would structure the wiring
to allow for the future installation of a generator.
RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an
agreement with Copeland Building Corporation for change orders totaling $7,929.76.
WE: sms
0~1 Ol 3?COtJNCIL
Attachment
COUNCIL ACTION:
39
CITY OF COLUMBIA. HEIGHTS
DATE: OCTOBER 18, 2007
TO: WALT FEHST
CITY MANAGER
FROM: WII~LIAM ELRTTE
FINANCE DIItECTOR
RE: LIQUOR STORE PROJECT CHANGE ORDERS
At the August 27, 2007 City Council meeting the City Council approved eight change orders for
the liquor stores project totally $52,901.62. At this point we have eight additional change orders
either pending or in process. Negotiations have been finalized and the City's architect and staff
recommend approving three of the change orders.
9. This change order dates back to August 23 when the storm sewer was being installed at the
50~' and Central site. Storm sewer manhole #2 was 5-1/2 feet deeper than shown on the
plan. This necessitated adding a 72" x 5.5' barrel section to the manhole. The cost of
this change to the storm sewer is $3,874.61.
11. This change order relates to the state's review of the plumbing plan for the store on 50`h
and Central. In the state's reviewed they required modifications, primarily to the mop
site drain location and drainage. The cost for the state-required changes and relocation of
the mop site is $1,544.29.
15. Due to electrical outages this summer that caused the current store on Central Avenue to
be without power for a full day, we requested an estimate to modify the electrical plan at
both of the new stores to allow an outside plug for a portable generator. The proposed
change order to install hookups on the outside of the two new stores for portable
generators was $22,562.19. As this amount was clearly outside of our budget, we
requested that our architect look at other alternatives. The most practical alternative was
to modify the wiring plan at both stores to include wire gutters at the panel boards for
future circuit separation for backup generators. This does not provide an outside plug-in
for portable generators but it does structure the wiring in the store in a manner that will
make it feasible to install exterior plug-ins in the future. The cost for this change is
$2,510.86.
The total of these three change orders is $7,929.76.
WE:sms
0710181 COUNCIL
40
CITY COUNCIL LETTER
Meeting of: October 22, 2007
AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER
NO: Community Development APPROVAL
ITEM: Adopt Resolution 2007-214, BY: Robert Streetar BY:
Reclassifying and Designating Fund DATE: October 18, 2007
Balances for the Economic Development
Authorit 's Housin Maintenance Pro ram
Background:
The following is a memorandum that was presented to the EDA at their August 28, 2007 meeting
explaining the housing maintenance program.
Since 2002, one of the City Council's priorities has been maintaining and improving the housing stock.
To continue this progress staff has prepared a Housing Maintenance Plan for years 2008 - 2017 that
will provide support to maintain the City's housing stock. This plan represents the bare minimum to
maintain the housing stock, and if resources allow should be increased.
HOUSING MAINTENANCE PLAN 2008 - 2017
Maintaining the quality of the housing stock is fundamental to maintaining livable neighborhoods and a
strong tax base. Residential homestead property comprises 78% of the total property tax base. The
residential homestead housing stock is much older and lower in value compared to other metropolitan
cities, and residents have identified deferred maintenance of the housing stock as a problem since 1992.
Since improving the housing stock requires a sustained and long-term effort, staff recommends the
Columbia Heights Economic Development Authority (EDA) implement the following housing programs
during the period of 2008 through 2017 to maintain and improve the residential homestead housing stock.
These programs include the:
1. Housing Resource Center
2. Home Rehabilitation Incentive Program
3. Single-Family Home Replacement Program
4. Single-Family Home Deferred Loan Program
5. Housing Maintenance Capacity Building Program
Implementing these housing programs further achieves the City's Comprehensive Plan housing goal of
"Promoting and preserving the single-family housing stock as the community's strongest asset", and by
doing so implements the policy of "enhancing and maintaining the quality and appearance of the City's
single-family neighborhoods and the housing stock."
Housing Resource Center Program (HRC)
The HRC program provides home improvement loans, construction management services, and
information on a variety of housing topics. The HRC is a free service for homeowners that provides
comprehensive housing services to homeowners in participating communities. The HRC is a
program of the Greater Metropolitan Housing Corporation (GMHC).
Since 2002, services have been provided to 1,819 homeowners. Staff believes the need for this popular
program will continue to grow as the EDA more effectively markets this program.
41
The services provided by the HRC supports the Comprehensive Plan housing strategy of "supporting the
upgrading and maintenance of older houses throughout the community."
Therefore, staff recommends the EDA continue to annually fund the HRC program in the approximate
annual average amount of $16,800. The cost of the program over 10 years is estimated to be $168,051.
The estimated number of homeowners to be served over the period is 4,500.
Home Rehabilitation Incentive Program (HRI)
The HRI program provides homeowners with a cash rebate of 10%, 12% or 15% of eligible rehabilitation
costs up to $3,000, depending on income. To qualify the homeowner must have a household income at or
below 115% of the area median income or $88,206. This program is administered by the GMHC and
funded by the EDA.
Since the EDA initiated this program is 2002, 62 homeowners have received rebates, with the average
rebate of $1,279, and completed $773,899 of rehabilitation. Staff believes the popularity of this program
will continue to grow as the EDA more effectively markets this program.
The HRI program supports the Comprehensive Plan housing strategy of "supporting the upgrading and
maintenance of older houses throughout the community."
Therefore, staff recommends the EDA continue to annually fund the HRI program in the approximate
annual average amount of $50,500. The cost of the program over 10 years is estimated to be $505,690.
The estimated number of homeowners to be served over the period is 440.
Single-Family Home Replacement Program (SFHR)
The SFHR program provides funding to allow for the replacement of the most blighted and dilapidated
single-family detached homes in the city with new single-family detached housing.
Since 2002, the EDA, in partnership with the GMHC, has replaced five dilapidated homes with 10 new
single-family homes that have had an average sale price of $232,000. The homes are at least 1,600
square feet and consist of three to four bedrooms, two bathrooms, and atwo-stall garage. The project
currently under construction is the located at 4141 Jefferson Street.
The EDA's contribution toward these 10 new homes was $115,000. The Metropolitan Council and
Minnesota Housing Finance Agency provided $240,000. These funds were used pay for the gap between
the cost to acquire and demolish the dilapidated home, build the new home and the sales price of the new
home.
This program is a funding alternative to the special legislation the EDA pursued during the most recent
legislative session. As Commissioners will recall, the EDA pursued special legislation that would have
extended the A3/C7 tax increment district. The extension would have generated $650,000 funding
annually enabling a very robust replacement program, but the bill died in the House of Representatives.
Consequently, staff developed this funding alternative that could replace between two and four single-
family homes annually with new homes.
This program requires the EDA to provide $50,000 of matching funds at least every other year beginning
in 2008, to leverage additional funding from the Minnesota Housing Finance Agency's (MHFA) Community
Revitalization Fund, and the Metropolitan Council's Local Housing Incentives Account. This funding would
then be used in partnership with GMHC to remove blighted homes and replace them with new single-
family detached homes.
42
This program supports the Comprehensive Plan housing strategy of "demolishing the most seriously
deteriorated single-family homes and working with the private sector to develop appropriate replacement
housing."
Therefore, staff recommends the EDA annually fund the SFHR program in the amount of $50,000 at least
every other year beginning in 2008. The cost of the program over 10 years is estimated to be $250,000.
Based upon past experience, the EDA could be expected to leverage between $50,000 and $250,000
annually from MHFA and the Metropolitan Council. The estimated number of new homes to be replaced
over the period is between 20 and 40.
Single-Family Home Deferred Loan Program (SEND)
This new program provides a no or low interest deferred loan to a homeowners of lower income to
complete structural improvements that would help maintain the quality their home and the City's housing
stock. Improvements could include new roofs, windows, heating and air systems, plumbing and electrical.
This intent of this program is to provide assistance to homeowners who need to perform home
maintenance, but who may not be able to pay a monthly debt service of a conventional loan. The loan is
deferred and becomes payable when the property is sold or changes title. When the loan is repaid the
proceeds lent again to a new homeowner. This way the money is never depleted, but merely recycles.
The exact parameters are yet to be developed, but would most likely be similar to other deferred loan
programs, such as the Community Development Block Grant program funded by Anoka County and
administered by GMHC.
This program supports the strategy of "supporting the upgrading and maintenance of older houses
throughout the community."
Therefore, staff recommends the EDA fund the SFHD program in the approximate annual amount of
$30,600. The cost of the program over 10 years is estimated to be $306,426. The estimated number of
loans to be issued over the period is between 20 and 30.
Housing Maintenance Capacity Building Program
This program establishes future housing funding capacity through an EDA annual levy. By establishing
this pool of resources the EDA can be assured this housing efforts that have begun will continue.
Establishing the capacity ensures housing maintenance will remain a priority in the future. Establishing this
capacity requires the EDA to levy an additional $50,000 annually. These funds are reserved for housing
maintenance programs to be implemented after 2017 such as those listed above. If needed, these funds
could also be used to fund emergency housing needs, or expand current programs should the need arise
during the 2008 - 2017 period.
Staff recommends the EDA fund the Housing Maintenance Capacity Building Program by levying $50,000
annually through an EDA levy beginning in 2009 and ending in 2017. The program creates a $455,931 of
housing maintenance financial capacity over the10-year period for future housing maintenance needs.
Housing Plan Budget 2008 - 2017
The cost to implement these five programs over the next 10 years is estimated to be $1,686,098. Funds to
pay for these programs would come from fund balances in Funds 299, 235,101, 226, and 410 and require
the City Council to transfer $1,091,814 from those funds to the Fund 207 -Housing Maintenance Fund.
The remaining revenue is generated through an EDA levy of $450,000 and interest earnings of $144,285.
The cost to an owner of a $200,000 home for all of these programs, a $1,600,000 investment in housing
over 10 years, would be about $66. Below is the housing maintenance summary budget.
43
Housing Maintenance Summary Budget
Sources
Fund # Fund Name Amount
299 Housing and Redevelopment Authority $306,426
235 Rental Housing $40,688
101 General Fund $138,000
226 Special Projects $206,700
410 Capital Sheffield Redevelopment $400,000
204 Economic Development Authority $450,000
Interest Income 144 285
$1,688,098
Uses
Pro rq am Amount
Housing Resource Center $168,051
Home Rebate Incentive Program $505,690
Home Replacement Program $250,000
Home Deferred Loan Program $306,426
Housing Maintenance Capacity Building Program 455 931
$1,688,098
Staff recommends the City Council transfer funds identified above to Fund 207 the Housing
Maintenance Fund.
Recommendation: Staff recommends adoption of Resolution 2007-214, a Resolution Reclassifying
and Designating Fund Balances for the Economic Development Authority's Housing Maintenance
Program.
Recommended Motion:
Motion: Move to waive the reading of Resolution 2007-214, there being an ample amount of copies
available to the public.
Motion: Move to Adopt Resolution 2007-214, a Resolution Reclassifying and Designating Fund
Balances for the Economic Development Authority's Housing Maintenance Program.
COUNCIL ACTION:
44
RESOLUTION NO. 2007-214
RESOLUTION RECLASSIFYING AND DESIGNATING FUND BALANCES
FOR THE ECONOMIC DEVELOPMENT AUTHORITY'S HOUSING MAINTENANCE
PROGRAM
WHEREAS, on August 28, 2007 the Columbia Heights Economic Development Authority approved a
10-year Housing Maintenance Program; and
WHEREAS, the purpose of the Housing Maintenance Program is to maintain and improve the housing
stock, tax base and improve the livability of the City's neighborhoods; and
WHEREAS, the City of Columbia Heights has accumulated fund balances in the Business Revolving
Loan Fund, the Rental Housing Fund, the General Fund, the Special Project Fund and the Sheffield
Development Fund for the purpose of funding future expenditures; and
WHEREAS, the City Council has determined that there is a need for a Housing Maintenance Program in
Columbia Heights; and
WHEREAS, it is the intent of the City Council to provide funding for a Housing Maintenance Program:
NOW THEREFORE, BE IT RESOLVED that a Housing Maintenance Program Fund be established as
a fund of the Columbia Heights Economic Development Authority and funds be transferred from the
following funds to the Housing Maintenance Fund 207 effective January 1, 2008.
From Funds:
# Name Amount
299 Business Revolving Loan Fund $306,426
235 Rental Housing $40,688
101 General Fund $138,000
226 Special Project $103,350
410 Sheffield Development $400,000
Total $988,464
BE IT FURTHER RESOLVED that funds be transferred from the following fund to the Housing
Maintenance Fund 207 before December 31, 2008.
From Fund:
# Name
226 Special Project
Amount
$103,350
NOW THEREFORE, BE IT FURTHER RESOLVED that the fund balance in the newly established
Housing Maintenance Fund be appropriated for expenses related to the Housing Maintenance Program.
Passed this day of , 2007
Offered By:
Second By:
Roll Call:
Attest:
Mayor- Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk/CIAP
45
CITY COUNCIL LETTER
Meeting of: 10/22/07
AGENDA SECTION: CONSENT AGENDA
NO:
ITEM: MUNICII'AL SERVICE CENTER BUILDING
MAIN FLOOR RADIANT HEATING
ORIGINATING DEPARTMENT: I CITY MANAGER
PUBLIC WORKS
BY: K. Hansen BY:
DATE: 10/17/07 DATE:
Background:
In September of 2005, the City Council awarded the bid for the renovation of the Municipal Service Center to Ebert Construction.
Due to the construction cost estimate (prior to bidding), the work scope was separated into a base bid and several alternates that
could be evaluated on bid costs. The bid was awarded as a base bid addressing the major maintenance needs and deficiencies of the
MSC Building, with the alternates prepared to address other ADA, operational, and/or equipment needs or deficiencies. A recap of
those alternates are summarized as follows:
Alternate l: Elevator Addition /Front Entry
Alternate 2: Mezzanine Floor Level Replacement of Toilet Rooms
Alternate 3: Basement Floor Level Wash Bay
Alternate 4: Building Access Control Improvements
Alternate 5: Rooftop HVAC Replacement (serves Mezzanine area)
Alternate 6: Hoist Replacement to Service Newer Automobiles
Alternate 7: Replace Basement Level Floor Unit Heater with Gas-Fired Radiant Heaters
Alternate 8: Replace Main Level Floor Unit Heater with Gas-Fired Radiant Heaters
Alternate 9: Basement Floor Level Lighting Improvements
Alternate 10: Alternate Type of Break-Off Concrete Masonry Unit
Alternates 3, 5, & 9 were awarded with the base bid. The work was completed in 2006.
Analysis/Conclusions
As indicated to the council in the MSC bid award, the alternates not selected in the major improvement project reduced the scope
of work but would be considered through future Public Works budgeting procedures. In 2007, $38,000 was established in the
Public Works budget for replacing the main level gas fired unit heaters with radiant heaters and the primary building heat means.
Radiant heat is recommended as the primary means of heating the MSC Building due to energy efficiency, reliability and the
process of how it heats vs. forced air unit heaters. Radiant heat operates on mass heating objects vs. forced air heating the air in a
space. The MSC building is ideally suited for this type of heating process with concrete floors and walls, which will provide a large
heat mass. This type of heat process also provides a more even heat distribution in a large space and is less prone to temperature
variations (hot and cold spots).
Er~e~,gy E~fcie»cy: An energy efficiency calculation was conducted which compared the existing unit heaters current operation and
new radiant heaters. Assuming an average year heating, the annual cost to operate the unit heaters would be $17,300 and the
radiant heaters would be $11,650; an estimated savings of $5,750. This equates to a payback of approximately 7.0 years.
COUNCIL ACTION:
46
CITY COUNCIL LETTER
Meeting o£ 10/22/07
AGENDA SECTION: CONSENT AGENDA
NO:
ITEM: MUNICIPAL SERVICE CENTER BUILDING
MAIN FLOOR RADIANT HEATING
ORIGINATING DEPARTMENT: I CITY MANAGER
PUBLIC WORKS
BY: K. Hansen BY:
DATE: 10/17/07 DATE:
Page 2 -Continued
Rebates: CenterPointe Energy has rebates available in 2007 based upon the energy efficiency, size (btu's} and cost of the radiant
heaters. Under this program, the radiant heaters would qualify for a rebate of $2,700 from CenterPointe Energy. Based upon the
low bid received, the cost of the radiant heat is further reduced to $37,164 including the rebates. This equates to a payback of
approximately 6.5 years, with the rebates.
Staff presented this at a work session in June and was directed to obtain additional bids. Plans and specs were provided to 6
contractors for the MSC main floor radiant heat, with three contractors providing bids as follows:
Infrared Heating: $38,072
Pfiffner Heating: $41,995
Bostrom Sheet Metal $42,135
The original bid received from Ebert Construction in 2005 for the MSC Building Renovation project for this work was $47,707.
Recommended Motion: Move to accept the bids and award a contract to Infrared Heating in the amount of $38,072; and,
furthermore, to authorize the Mayor and City Manager to enter into a contract for the same.
COUNCIL ACTION:
47
CITY COUNCIL LETTER
Meeting of: 10/22/07
AGENDA SECTION: CONSENT AGENDA
NO:
ITEM: APPROVE CONSTRUCTION COOPERATIVE
AGREEMENT WITH MCES FOR SANITARY SEWER
LINING
ORIGINATING DEPARTMENT: I CITY MANAGER
PUBLIC WORKS
BY: K. Hansen BY:
DATE: 10/18/07 DATE:
Background:
In 2007, the Metropolitan Council Environmental Services (MCES} had informed the City that they would be performing
rehabilitation work on their interceptor line that services Hilltop in 2008 or 2009. A portion of the work involved lining sanitary
lines in Madison Street and 50`h Avenue -with the diameter of those sanitary lines being a much smaller diameter pipe than what
the MCES normally lines. City staff considered this and also getting the work completed earlier, and offered to add their segment
lengths to the City Lining Program.
Analysis/Conclusions:
On September 24, 2007 the City Council awarded the Sanitary Sewer Lining Project. Included in the 2007 program are 5,022 feet
of 8, 12, 15 & 18-inch sanitary sewer pipe and 455 feet of 24 & 48-inch storm sewer pipe.
The following sections of pipe owned and operated by the Metropolitan Council Environmental Services (MCES) were also
included in the bid
639 feet of 8" VCP on easement and Madison Street (MCES)
998 feet of 12" VCP on 50"' Avenue (MCES)
As indicated at the time of the bid award, a separate cooperative agreement would be forthcoming from MCES addressing projects
cost reimbursement. The Metropolitan Council concurred on the bid award for the cooperative work and attached is the
Cooperative Agreement from their legal offices. The Agreement also provides for reimbursement of engineering, administrative
and legal fees as indicated in Exhibit B of the agreement.
Recommended Motion: Move to approve the Construction Cooperative Agreement No. 0X021 with Metropolitan Council
Environmental Services (MCES) for Sanitary Sewer Lining
KH:jb
Attachment: MCES Cooperative Agreement
COUNCIL ACTION:
48
®®~ etr®®Iit~n ~~unci~
Office of the General Cou~ael
Writer's Direct Dial: (651) 602-t 108
Writer's Direct Fax: (651} 602-1640
Writer's e-mail: Jeanne.matross@metc.state.mn.us
October 12, 2007
Kevin Hansen
Director of Public Works/City Engineer
637 38`i' Avenue NE
Columbia Heights, MN 55421
Re: Columbia Heights Construction Cooperation Agreement
Interceptor 4-HT-100 Improvements
Dear Mr. Hansen:
Enclosed for signature, please find two originals of the above-referenced
document. After they have been signed please return them both to Inne for signature. I
will then send you afully-executed original for your file.
Sincerely,
~ ;~
ANNE K. MATROSS
Associate General Counsel
Enclosures
JKM:It
~nvtiv.metrocouncil.org
390 12oUert Street North • St. Paul. NIN 55101-1S05 • 4651) 602-1000 Fak (651) 602-1550 • TTY (651) 291-0904
An Enun( Ouuortunilu Employer
MCES Contract No. 0X021
HILLTOP INTERCEPTOR 4-HT-100 IMPROVEMENTS
CONSTRUCTION COOPERATION AGREEMENT
This Construction Cooperation Agreement ("Agreement"), effective on the date of
execution by both of the Parties, is made and entered into by the City of Columbia
Heights, a municipal corporation (hereinafter refereed to as "Cohunbia Heights"), and the
Metropolitan Cotulcil, a public corporation and political subdivision of the State of
Mimnesota (hereinafter referred to as "Council"}, collectively referred to as the "Parties".
RECITALS
1. Columbia Heights is scheduled to initiate a water main rehabilitation project in
2007 ("City Project").
2. The Cotuzcil currently owns and operates a salutary sewer (identified as the
Hilltop 4-HT-100 sanitary sewer hlterceptor ("Interceptor 4-HT-100")) that is located
along the City Project, as shown on Exhibit A, attached hereto acid made a part of this
Agreement.
3. System inspection of Interceptor 4-HT-100 by the Council has revealed a need for
major rehabilitation in the form of cleaiung and lining.
4. Coluubia Heights has proposed to include the rehabilitation of Interceptor 4-HT-
l OOthe City Project.
5. Pursuant to Minnesota Statutes, Section 473.504, subd 12, the Cotulcil is
authorized to contract with any local govennnent tout for the performance on the
Council's behalf of any service on such terns as maybe agreed upon by the contracting
parties. Columbia Heights alld Met Council are further authorized to enter into this
Agreement by Minnesota Statutes Section 471.59 and by Met Council action No. 2007-
131 passed on April 25, 2007, and City Council action passed on
6. For purposes of this Agreement, the City Project is City Project 0604 aild 0704,
hereinafter referred to as "City Project", and the rehabilitation of the Council's
liiterceptor 4-HT-100 is referred to as the "Council Project, the location of which is
shown on Exhibit A attached hereto and made a part hereof.
50
MCES Contract No. 0X021
AGREEMENT
NOW, THEREFORE, for mutual valuable consideration, the sufficiency of which has
been agreed to by the parties, the Council and Columbia Heights agree as follows:
I.
PURPOSE OJF THE AGREEMENT
1. The purpose of the Agreement is to set forth the teams and conditions for and the
responsibilities of the parties to this Agreement with respect to the construction by
Columbia Heights of the Council Project. The Recitals are hereby incorporated into and
shall become a part of this agreement.
2. The Council hereby consents to the consh-uctian of the Council Project by
Columbia Heights subject to performance by Columbia Heights of the conditions listed in
this Agreement.
3. The scope of work for the Council is as follows:
Aggressive cleaning and Cured-Tai-Place-Pipe liiung of approximately 1660 feet
of 8-inch to 12-inch gravity sewer pipe referred to in this Agreement as the Council
Project.
II.
CONSTRUCTION DOCUMENTS.
1. The Council shall prepare and provide to Columbia Heights final constriction
documents, including plans and specifications, for the Council Project ("Council Project
Construction Documents")
2. Prior to the start of constriction, Columbia Heights shall prepare aild submit to
Met Colmcil for review and acceptance a proposed schedule for the Council Project.
Columbia Heights shall include the Council Project Construction Documents in the
construction documents for the City Project ("City Project Construction Documents"}.
The City Project Construction Documents, including the Council Project Construction
Documents, shall include the schedule submitted to acid accepted by the Council.
Columbia Heights shall notify the Council of any changes to the schedule.
3. Further, the City Project Construction Documents prepared by Columbia Heights
shall provide that:
a. Columbia Heights will temporarily convey sanitary sewer flow around the
City and Council Project work areas and discharge the flow into a downstream
maintenance structure located on the Council hlterceptor 4-HT-100; a11d
~1
MCES Contract No. 0X021
b. Dw-ing the construction of the Council Project, there will be no
interruption to Council's sewer service without written consent of the Council; and
c. During construction of the Council's Hilltop Interceptor 4-HT-100
Improvements Project, there will be no interruptions to the sanitary sewer transport
system that will affect the Council's billing process and procedw-es without the written
consent of the Council; and
d. There will be no interruption to access by the Council to its Interceptor 4-
HT-100.
4. Evidence of the Council's written approval or consent pursuant to Section II of
this Agreement will be a letter to Columbia Heights from the Couuncil's General Manager,
Enviromnental Services Division.
III.
CONSTRUCTION AGENT/BIDS/AWARD OF CONTRACT
1. The Council, in connection with the construction of the Council Project, does
hereby appoint Columbia Heights as its agent to advertise for bids for the work and
construction of the Council Project, to receive and open bids, pursuant to said
advertisement and to enter into a contract with a successful bidder at the unit prices
specified in the bid of such bidder, and to construct the Coiu~cil Project.
2. Notwithstanduig the previous paragraph, innnediately upon receipt and opening
of bids by Columbia Heights for construction of the City Project including the Council
Project, Columbia Heights will tabulate the bids and submit the tabulated bids and a
recommendation for selection of a bidder to the Council. The Council shall have seven
(7} business days to review the bids and Colwnbia Heights' recommendation for a bidder.
The Council shall inform Cohunbia Heights in writing of its acceptance or rejection as
provided in the previous sentence. If the Council rejects any or all bids and/or Columbia
Heights' reconunended selection for a bidder, it will provide to Cohunbia Heights, in
writing, the reasons for such rejection. Subsequent to rejection of the bids and/or
recommendation by Columbia Heights for selection of a bidder and if Columbia Heights
and the Council mutually agree, Columbia Heights may re-advertise for bids.
Immediately upon opening the second set of bids, Columbia Heights shall follow the
procedure set forth in this paragraph with respect to tabulation of bids, reconunendation
for selection of a bidder and acceptance or rejection of bidder by the Council. If the
Council again rejects any of all bids and/or the bidder recommended by Columbia
Heights, this Agreement shall become null and void.
IV.
CONTRACT ADMINISTRATION
Columbia Heights will achninister the contract and inspect the construction of the
contract work. Columbia Heights will provide to the Council construction reports
~2
MCES Contract No. 07I021
indicating construction progress aild inspection results with respect to the Council
Project. The work will be inspected throughout the Council Project by the Council's
authorized representative, but the Coumcil's authorized representative will not have
responsibility for the supervision of the work. If the Council reasonably determines that
the work has not been properly constructed in accordance with the Council Construction
Documents, the Council, through its authorized representative, shall inform Columbia
Heights' Project Engineer ii writing of such defects. The term "authorized
representative" is defined as the person designated in writing by the General Manager of
the Council's Environmental Services Division. Cohunbia Heights shall require its
contractor to make the corrections andlor meet the requirements of the Council
Construction Documents requested by the Council through its authorized representative.
All Council Project work shall be performed in substantial accordance with the Council
Construction Documents and those sections of the City Construction Documents that
pertain to the Council Project, including those requirements listed in Section II(3) of this
Agreement. Columbia Heights' Project Engineer will inform the Cotmcil in writing
either that the Council Project as canstntcted conforms to the Cotmcil Project
Constniction Documents or that the Council Project does not conform to the Council
Project Construction Docuuments. The Council will further inform Cohunbia Heights of
the specific reasons for non-conformance to the Council Project Construction documents
and what steps, in the opinion of the Council, must be taken by Columbia Heights to
make the Hilltop Interceptor 4-HT-100 Improvements Project conform to the
Construction Documents. The fmal decision on conformance of the Council Project will
be made by the Council. Evidence of acceptance of the Council Project will be in writing
by letter from the General Manager of the Council's Environmental Services Division.
The Council will not unreasonably withhold acceptance of the Council Project.
V.
NOTICE OF START OF CONSTRUCTION
Nat less than seven (7) business days prior to commencement of construction of
the Council Project by Columbia Heights, Columbia Heights will give written notice to
the Council of its intention to commence construction, said notice to be directed as
follows:
General Manager
Metropolitan Council Environmental Services
390 Robert Street North
Saint Paul, MN 55101-1805
VI.
AMENDMENTS/CHANGE ORDERS
Cohunbia Heights will submit any proposed amendments to or material changes
to the Council Project Construction Documents or to those sections of the City Project
Construction pertaitung to the Council Project Documents including the scheduled
accepted by the Met Cotmcil and those requirements listed in Section II(3) of this
,~3
MCES Contract No. 0X021
Agreement, to the Council for review and acceptance, which approval will not be
unreasonably withheld. Such amendments to the Council Project and City Project
Construction Documents and/or changes in the construction schedule must be submitted
to the Council's project manager at least five (5) business days prior to the
implementation of such change. Columbia Heights agrees that it will not proceed with
amenchnent to or changes in the final Council Project Construction Documents ar
sections of the City Project Constriction Documents pertauung to the Council Project,
including the canstruction schedule of the Council Project until the Council has
consented to such change in accordance with its procedures and has approved such
change in writing as evidenced by a letter to Columbia Heights from the Council's
authorized representative.
VII.
PAYMENT.
1. The Council shall reimburse Columbia Heights for constriction of the Council
Project as provided in this Agreement in the total approximate amount of $87,239.00
which consists of $7,500.00 Columbia Heights administrative costs, $25,000.00 for
engineering, admiiustration and legal costs, and $54,739.00 for construction, all as shown
on Exhibit B attached hereto and made a part hereof.
2. The parties agree that the project costs shown on Exhibit B of this Agreement are
an estimate of the construction cost for the Council Project, and that the units set forth in
the contracts with the successful bidder and the final quantities as measured by the
Council's Engineer and staff shall govern in computing the total final contract
construction costs of the Cotuicil Project. All direct payments to the contractor for work
performed on the Council Project will be made by Columbia Heights, and the Council
will reimburse Columbia Heights ul accordance with the terms of this Agreement.
3. Upon completion of constriction of the Cowzcil Project and acceptance of the
Council Project by Council in accordance with the terms of this Agreement, Columbia
Heights shall prepare and submit to Council a final schedule of construction costs and
invoice for the costs of the Council Project. The schedule of final costs shall also include
the final engineering, administrative and legal costs and the Columbia Heights
achninistrative cost, all as estimated on Exhibit B, and adjustment for any amendments or
change orders approved by the Council in accordance with this Agreement. The schedule
of final construction costs shall include evidence of payment by Columbia Heights to its
contractors together with contractor and subcontractor lien waivers evidencing payment
for all work performed on the Council Project. The Council shall reimburse to Columbia
Heights the amount in the schedule of final costs and invoice within forty-five (45)
calendar days of submission of the invoice to the Council, unless such cost or costs are
contested by the Council, in which case the Council shall pay such cost or costs upon
resolution of the contested item or items.
VIII
g4
MCES Contract No. 0X021
RIGHT OF ENTRY.
1. For purposes of Columbia Heights fiilfilling its obligations under this
Agreement,the Council hereby grants to Columbia Heights the right to enter into its
property aild any easements and right-of--way it may now ov~n1 or have obtained for the
Council Project.
2. For purposes of the Council fulfilling its obligations under this Agreement,
Columbia Heights hereby grants to the Council the right to enter onto its property and
any easements and right-of--way that it may have obtained for construction of the Council
Project.
3. The parties agree that as of the date of this Agreement, no right-of--way or
property acquisition is required for the constriction of the Council Project or the City
Project in addition to the property or right-of--way owned by the Council and Columbia
Heights.
IX.
RECORD KEEPING.
All records kept by the Council and Cohunbia Heights with respect to the Council
Project shall be subject to exannination by the representative of each party hereto. All
data collected, created, received, maintained, or disseminated for any purpose by the
activities of Columbia Heights and the Council pursuant to this Agreement shall be
governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules
implementing such Act now in force or hereinafter adopted.
X.
EMPLOYEES.
All employees of Columbia Heights acid all other persons engaged by Columbia
Heights in the performance of any work or services required or provided for herein to be
performed by Columbia Heights shall not be considered employees of the Council, and
that any and all claims that may arise under the Worker's Compensation Act of the
Unemployment Compensation Act of the State of Minnesota on behalf of said employees
while so engaged, and any and all claims made by any third parties as a consequence of
any act or omission on the part of said employees while so engaged, on any of the work
or services provided to be rendered herein, shall in no way be the obligation or
responsibility of the Council.
All employees of the Council and all other persons engaged by the Council in the
performance of any work or services required or provided for herein to be performed by
Cotu~cil shall not be considered employees of Cohunbia Heights, and that any and all
claims that may arise under the Worker's Compensation Act of the Unemployment
Compensation Act of the State of Mimiesota on behalf of said employees while so
engaged, and any and all claims made by any third parties as a consequence of any act or
~5
MCES Contract No. 0X021
omission on the part of said employees while so engaged, on any of the work or services
provided to be rendered herein, shall in no way be the obligation or responsibility of
Columbia Heights.
XI.
GENERAL CONDITIONS.
1. Each party agrees that it will be responsible for its own acts and the results thereof
to the extent authorized by the law and shall not be responsible far the acts of the other
parry and the results thereof. Columbia Heights's and the Council's liability is governed
by the provisions of Minnesota Statutes Chapter 466.
2. Columbia Heights and the Council each warrant that they are able to comply with
the aforementioned indemnity requirements through an insurance of self insurance
program and have minimum coverage consistent with the Liability limits contained in
Minnesota Statutes Chapter 466.
3. Columbia Heights further agrees that any contract let by Columbia Heights for the
performance of the Council Project as provided herein shall include clauses that will: 1)
require the contractor to defend, indemnify, and save harmless the Council, its officers,
agents and employees from claims, suits ,demands, damages, judgments, costs, interest,
expenses, including, without limitation, reasonable attorney fees, witness fees, and
disbursements incLUred in defense thereof arising out of or by reason of the negligence of
said contractor, its officers, employees, agents or subcontractors; 2) require the contractor
to provide and maintain insurance as required in the contract documents between
Columbia Heights and the contractor and to provide the Council, also as required in the
contract documents between Columbia Heights and the contractor, with Certificates of
Insurance naming the Council as additional insured; and 3) require the contractor to be an
independent contractor far the purposes of completing the work provided for in this
Agreement.
4. It is understood and agreed that the entire Agreement between parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. All items referred to in this Agreement
are incorporated or attached and are deemed to be part of this Agreement.
5. Any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an amendment
to this Agreement signed by the parties hereto.
6. Applicable provisions of Minnesota State law, federal law and of any applicable
local ordinances shall be considered a part of this Agreement as though fully set forth
herein. Specifically, Columbia Heights agrees to comply with all federal, state and local
applicable laws and ordinances relating to nondiscrimination, affirmative action, public
purchases, contracting, employment, including worlcer's compensation and surety
deposits required for constntction contracts.
MCES Contract No. 0X021
7. It is understood and agreed that the entire Agreement between the parties is
contained herein and that this Agreement supersedes all oral agreements and negotiations
between the parties relating to the subject matter hereof. All items referred to in this
Agreement are incorporated or attached and deemed to be part of this Agreement.
Any alterations, variations, modifications or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an amendment
to this Agreement signed by the parties hereto.
8. The provisions of this Agreement shall be deemed severable. If any part of this
Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the
validity and enforceability of the remainder of this Agreement unless the part or parts
which are void, invalid or otherwise unenforceable shall substantially impair the value of
the entire Agreement with respect to the parties. One or more waivers by said party of
any provision term, condition or covenant shall not be construed by the other parties as a
waiver of a subsequent breach of the same by other parties.
9. The covenants of this Agreement shall be binding upon and inure to the benefit of
the parties hereto, their successors and assigns.
10. Any notice of demand, which inay or must be given or made by a party hereto,
under the terms of this Agreement or any statute or ordinance, shall be in writing and
shall be sent by certified mail or delivered in person to the other party addressed as
follows:
METROPOLITAN COUNCIL ENVIRONIVIENTAL SERVICES
DNISION
C!o William Moore, General Manager
390 North Robert Street
St. Paul, MN 55101-1805
CITY OF COLUMBIA. HEIGHTS
C/o Walter Fehst, City Manager
590 40th Avenue Northeast
Columbia Heights, MN 55421-3835
With copy to:
Office of General Counsel
Metropolitan Council
390 North Robert Street
St. Paul, MN 55101-1805
11. This contract is entered into in aild trader the laws of the State of Mimlesota and
shall be interpreted in accordance therewith.
~~
MCES Contract No. 0'X021
12. If a dispute should arise between the Cotmcil and Coluumbia Heights with respect
to this Agreement or any of its provisions, the Council aild Cohunbia Heights agree to
attempt to resolve such dispute through the use of a mediator mutually acceptable to the
Cotulcil and Columbia Heights prior to initiation of any legal action on the part of the
Cotuicil or Columbia Heights with respect to this Agreement, any of its provisions and/or
its enforcement. The costs of such mediation shall be shared equally by both parties.
13. The Council's Project Manager is:
William Moeller, or his designee
Assistant General Manager, hiterceptor Services
Metropolitan Council Enviromnental Services
Columbia Heights' Project Manager is:
Kevin Hansen, or his designee
Director of Public Works
City of Columbia Heights
IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized officers as of the day and year first above
written.
CITY OF COLUMBIA HEIGHTS
By
Approved as to Fonn:
Its
Date
~8
MCES Contract No. 07I021
METROPOLITAN COUNCIL CITY OF COLUMBIA HEIGHTS
By By
Approved as to Form: City Manager
Its
Date
Date
By
Mayor
Date
MCES Contract No. 0X021
EXHIBITS
EXHIBIT A - Location of Interceptor 4-HT-100
EXHIBIT B -Council Project Costs
>~
MCES Contract No. 07I021
EXHIBIT A
Interceptor 4-HT 100 Improvements
SULLIVAN
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MCES Contract No. 0X021
EXHIBIT B
Item
Construction Cast
Cost
$54,739
Engineeruig, Administrative and Legal $25,000
City of Cohunbia Heights Administrative $7,500
TOTAL SUM $87,239
Imo}
CITY COUNCIL LETTER
Meeting of October 22, 2007
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Rental Housing BY: Gary Gorman BY:
Licenses
NO: DATE: October 15, 2007 DATE:
Approval of the attached list of rental housing license applications, in that they have met
the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to approve the items listed for rental housing
license applications for October 22, 2007.
COUNCIL ACTION:
63
List of 2007 Rental Licenses to Approve
Occupany I.D. Property Owner Name
Property Address
10033 R.P. Management
10160 MDC 2000
10201 L & P Assest Holding LLC
30034 Midwest Management
30082 First Select Equities
12098-NC Ahmed Abdelhakim
12209 Luis Agudo
20164-NC Olga Antochy
10066 Shirley Apollo
10222 Russell Bednarski
12146 Rita Blanske
20261 Charles Chen
20299 Barbara Cooper
20058 Katherine Crosby
10184 Henrique Dos Anjos
20125 Ita Ekah
20293 Ita Ekah
30078 Ita Ekah
20203 Delanza Elliot
12190 Alma Field
12105 Ed Fitzpatrick
10063 Dena Froiland
10101 Paul Glynn
35726 Gudina Hambissa
20181 Mike Herr
12076 Travis Klien
34006 Kris Knox
15081 Gerald Lamere
20301 Brian LeMon
10208 Robert Machel
20034 Rose Maciaszek
20169 William Miller
91094 Richard Peske
10193 Michael Petelin
12021 Einer Rasmussen
10082 Aaron Reed
20182 Juan Roddy
20216 Robert Samaroo
12052 Linda Sawochka
1316 43RD
968 42ND
4502 WASHINGTON
2200 39TH
315 44TH
4518 FILLMORE
1319 CIRCLE TERRACE
4000 HAYES
3971 JOHNSON
999 41ST
667 51ST
1207 43 1 /2
4655 POLK
1162 CHEERY
4647 POLK
561 51ST
4600 POLK
4556 MADISON
1124 45TH
3948 3RD
4514 FILLMORE
4721 5TH
4536 Taylor
548 Lomianki
4654 WASHINGTON
1204 CHEERY
626 40TH
3813 PIERCE
4344 Quincy
564 HUSET
4401 JACKSON
4518 WASHINGTON
4242 2ND
3820 JACKSON
3722 3RD
3956 Tyler
4515 FILLMORE
939 42 1 /2
838 40TH
10/15/2007 16:41 64 Page 1
List of 2007 Rental Licenses to Approve
Occupany I.D. Property Owner Name
20101 Nelia Schaff
12007 Mary Shaw
10153 Kristi Shoop
20422 Isadore Stewart
10021 Ray Swanson
20198 Jeff Swanson
30038 Edward Ukatu
20008 Fletcher Wanless
20002 Craig Wilson
Property Address
1203 CHEERY
4212 WASHINGTON
1415 39TH
4606 POLK
1329 41ST
4530 WASHINGTON
615 40TH
4506 FILLMORE
1161 CHEERY
10/15/2007 16:41 65 Page 2
CITY COUNCIL LETTER
Meeting o£ October 22, 2007
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson DATE:
NO: DATE: October 17, 2007 BY:
BACKGROUND/ANALYSIS
Attached is the business license agenda for the October 22, 2007 City Council meeting. This agenda
consists of applications for Contractor licenses for 2007.
Also included on the agenda is the renewal of the Currency Exchange License for Kwik Cash operating
at 4639 Central Ave. This type of business is actually licensed by the State of MN. However, pursuant
to MN Statute 53 A.04, the State is required to submit the application to the governing body of the
municipality in which the business operates. The law further requires the governing body of the
municipality to render a decision regarding the renewal of the license within 60 days. I forwarded this
application to the Police Dept and they see no reason to deny the renewal of this license.
At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied
Application. This means that the data privacy form has been submitted as required. If not submitted,
certain information cannot be released to the public.
RECOMMENDED MOTION:
Motion: Move to approve the items on the business license agenda for October 22, 2007 as presented.
COUNCIL ACTION:
66
TO CITY COUNCIL October 22, 2007
*Signed Waiver Form Accompanied Application
2007 BUSINESS LICENSE AGENDA
CONTRACTORS LICENSES
Bldg Owens Co Inc. 930 E. 80"' St, Bloomington
Windows by George 6540 Edgewood Ave N, Brk Park
First Mechanical 7425 Louisiana Ave, Brk Park
*Robert Pl/Inter City 11384 Crow River Dr, Hanover
*Assured Htg 334 Dean Ave E, Champlin
*Midwest Asphalt Co rp PO Box 5477, Hopkins
CURRENCY EXCHANGE LICENSE RENEWAL
Pol
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
Cash Checks Inc dba Kwik Cash 4639 Central Ave NE State License
67
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: October 22 200'7
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
Motion to approve payment of bills out of the proper funds, as listed in the attached
check register covering Check Number 123248 through 123428
in the amount of $ 1,442,655.61
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are herby, recommended for payment.
68
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
10/18/2007 13:26:05 Check History GL050S-V06.74 COVERPAGE
GL540R
*************************** ****************************************************
* *** C O U N C I L
* *** C O U N C I L *** *
* *** C O U N C I L
* *** C O U N C I L
*************************** ****************************************************
Report Selection:
Optional Report Title.......10/22/2007 COUNCIL LISTING
INCLUSIONS:
Fund & Account ..............
Check Date ..................
Source Codes ................
Journal Entry Dates.........
Journal Entry Ids...........
Check Number ................
Project .....................
Vendor ......................
Invoice .....................
Purchase Order ..............
Bank ........................
Voucher ....................
Released Date ...............
Cleared Date ................
Include Exp/Rev Closing Entries
thru
thru
thru
thru
thru
123246 thru 123428
thru
thru
thru
thru
thru
thru
thru
thru
N
Run Instructions:
Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP
J COUNCIL O1 P4 Y S 6 066 10 Y Y
69
ACS FINANCIAL SYSTEM
10/18/2007 13
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 1
10/22/2007 COUNCIL LISTING
CHECK NUMBER AMOUNT
AARP 123248 330.00
BELLBOY BAR SUPPLY 123249 1,371.00
BELLBOY CORPORATION 123250 1,710.95
CAPITOL BEVERAGE SALES L 123251 16,308.55
CENTRO BRADLEY SPE 5 LLC 123252 11,940.57
CHERNIN/ALEKSANDR 123253 37.04
CITY OF COLUMBIA HEIGHTS 123254 185,408.28
CITY WIDE WINDOW SERVICE 123255 40.47
COLUMBIA HEIGHTS I 123256 5,570.70
COSTELLO/TOM 123257 189.00
EXTREME BEVERAGE 123258 1,920.00
GOVT TRAINING SERVICE 123259 250.00
GRIGGS-COOPER & CO 123260 5,612.06
JENNICO/ISABEL 123261 3.21
JJ TAYLOR DIST OF MN 123262 23,744.13
JOHNSON BROS. LIQUOR CO. 123263 18,508.13
LARKIN/JOHN 123264 78.90
LOADER/REBECCA 123265 76.92
MATTSON/TOM 123266 21.29
MINNESOTA COACHES INC 123267 1,852.95
PETTY CASH - KAREN MOELL 123268 157.14
PHILLIPS WINE & SPIRITS 123269 3,938.05
PREMIUM WATERS INC 123270 20.25
PROFANT/GARY 123271 3.54
QUALITY WINE & SPIRITS 123272 2,398.74
RICOH AMERICAS CORPORATI 123273 25.74
RIVER VALLEY RANCH 123274 1,000.00
ACS INC 123275 50.00
ALLIED/BFI WASTE SYSTEMS 123276 89,341.17
AMERICAN BOTTLING COMPAN 123277 479.13
BERLSON IMPORTS 123278 96.00
CAPITOL BEVERAGE SALES L 123279 16,050.75
CHISAGO LAKES DISTRIBUTI 123280 11,352.57
CHOICE POINT SERVICES 123281 176.00
COCA-COLA BOTTLING MIDWE 123282 1,245.60
COPELAND BUILDING CORP 123283 463,172.41
FSH COMMUNICATIONS, LLC 123284 75.60
G & K SERVICES INC 123285 462.92
GENUINE PARTS/NAPA AUTO 123286 773.35
GRIGGS-COOPER & CO 123287 15,402.54
HAUGEN/JESSIE 123288 500.00
HOHENSTEINS INC 123289 8,549.90
IDEARC MEDIA CORP 123290 71.25
JJ TAYLOR DIST OF MN 123291 61,434.58
JOHNSON BROS. LIQUOR CO. 123292 567.69
MARK VII DIST. 123293 7,184.91
MARKHAM/MATTHEW 123294 197.08
70
ACS FINANCIAL SYSTEM
10/18/2007 13
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 2
10/22/2007 COUNCIL LISTING
CHECK NUMBER AMOUNT
MN DEPT OF LABOR & INDUS 123295 4,189.64
NEEDHAM DISTRIBUTING CO 123296 337.80
NEXTEL COMMUNICATIONS 123297 371.94
PAUSTIS & SONS WINE COMP 123298 4,987.91
PETTY CASH - JOANNE BAKE 123299 86.84
PETTY CASH - LIZ BRAY 123300 37.45
PHILLIPS WINE & SPIRITS 123301 1,676.05
QUALITY WINE & SPIRITS 123302 22,684.68
QWEST BUSINESS SERVICES 123303 539.83
QWEST COMMUNICATIONS 123304 94.84
SHAMROCK GROUP/ACE ICE 123305 446.12
SHERMAN/DEBRA 123306 163.89
SPECIALTY WINES & BEVERA 123307 1,459.30
STEVIE RAY'S IMPROV COMP 123308 300.00
SURLY BREWING CO INC 123309 395.00
THE BAKKEN 123310 240.00
UNIVERSITY OF MINNESOTA 123311 450.00
VERIZON WIRELESS 123312 38.51
VINCENT/GABRIEL 123313 279.71
VINOCOPIA INC 123314 500.50
WINE COMPANY/THE 123315 621.55
WINE MERCHANTS 123316 1,001.20
XCEL ENERGY (N S P) 123317 6,424.36
A & S TRAINING LLC 123318 700.00
ABLE HOSE & RUBBER INC 123319 119.99
ACCURINT 123320 130.50
ACE HARDWARE 123321 68.78
ADVANCED SANDJACKING 123322 1,200.00
AMERICAN LEGAL PUBLISHIN 123323 300.00
AMERIPRIDE INC 123324 33.14
ANCOM COMMUNICATIONS INC 123325 783.58
ANOKA COUNTY LIBRARY 123326 3,740.15
ANOKA CTY - CENTRAL COMM 123327 1,261.53
ATLAS AUTO BODY, INC 123328 1,839.54
BAKER & TAYLOR 123329 2,518.45
BAKER & TAYLOR ENTERTAIN 123330 52.77
BARNA GUZY & STEFFEN LTD 123331 13,527.00
BAUER BUILT TIRE & BATTE 123332 95.21
BIFF'S,INC. 123333 911.74
BIG BOBS CARPET 123334 219.39
BOYER TRUCK PARTS 123335 45.88
BROOK WHITE CO. 123336 3,612.48
BRODART 123337 139.31
BUILDING FASTENERS 123338 86.90
BUREAU OF CRIMINAL APPRE 123339 630.00
CAMDEN PET HOSPITAL, INC 123340 3,208.71
CATCO PARTS SERVICE 123341 134.38
71
ACS FINANCIAL SYSTEM
10/18/2007 13
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 3
10/22/2007 COUNCIL LISTING
CHECK NUMBER AMOUNT
CCP INDUSTRIES 123342 361.90
CENTRAL WOOD PRODUCTS 123343 3,057.62
CERES ENVIRONMENTAL SRVC 123344 1,345.39
CHURCH OFFSET PRINTING I 123345 206.35
CINTAS FIRST AID-SAFETY 123346 285.58
CITY WIDE LOCKSMITHING I 123347 9.00
CLARK PRODUCTS INC 123348 1,360.56
COMMERCIAL ASPHALT 123349 1,238.21
COORDINATED BUSINESS SYS 123350 57.86
CREATIVE PRODUCT SOURCIN 123351 374.52
CSC CREDIT SERVICES INC 123352 25.00
CURTIS 1000 123353 494.21
DISPLAYS2GO 123354 207.50
EMERGENCY AUTOMOTIVE TEC 123355 410.96
ENGINEERING REPRO SYSTEM 123356 120.20
ENVIRONMENTAL SYSTEMS RE 123357 1,114.30
FIDELITY BUILDING SERVIC 123358 5,167.90
G & K SERVICES INC 123359 1,164.31
GRAFIX SHOPPE, INC 123360 205.80
H & L MESABI 123361 48.99
HD SUPPLY WATER WORKS 123362 49.80
HEINRICH ENVELOPE CORP 123363 137.25
HOME DEPOT #2802 123364 170.90
HOTSY EQUIPMENT OF MINN 123365 517.57
ISANTI COUNTY EQUIPMENT 123366 138.98
KENNEDY & GRAVEN 123367 18,831.31
KIMLEY-HORN & ASSOCIATES 123368 1,326.34
KIWANIS CLUB 123369 35.00
LAKE SUPERIOR COLLEGE 123370 150.00
LANG/ROY 123371 138.52
LEAGUE OF MINNESOTA CITI 123372 2,040.00
LIFT PRO 123373 150.74
LIVE OAK 123374 294.57
MAC QUEEN EQUIPMENT CO. 123375 2,138.25
MENARDS CASHWAY LUMBER-F 123376 300.54
METRO WELDING SUPPLY 123377 57.20
METROPOLITAN COUNCIL WAS 123378 68,308.19
MID-AMERICA POWER CENTER 123379 30.38
MIDWAY FORD 123380 259.95
MIDWEST ASPHALT CO. 123381 100,515.61
MINNEAPOLIS FINANCE DEPT 123382 81,954.60
MINNEAPOLIS OXYGEN CO. 123383 11.52
MINNEAPOLIS SAW CO. 123384 11.69
MINNESOTA COUNTY ATTORNE 123385 27.69
MINNESOTA PETROLEUM SERV 123386 892.00
MTI DISTRIBUTING 123387 71,036.18
NORTHEASTER 123388 128.00
72
ACS FINANCIAL SYSTEM
10/18/2007 13
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 4
10/22/2007 COUNCIL LISTING
CHECK NUMBER AMOUNT
NORTHERN WATER WORKS SUP 123389 1,970.25
NYSTROM PUBLISHING COMPA 123390 3,533.11
OFFICE DEPOT 123391 353.97
OFFICE SUPPLY CONNECTION 123392 86.46
ONE-CALL CONCEPT-GOPHER 123393 558.90
ONVOY INC 123394 59.99
PC SOLUTIONS INC 123395 220.47
PEPSI-COLA-7 UP 123396 241.00
PLASTICARDS INC 123397 940.00
RANDOM HOUSE, INC 123398 6.00
RAPIT PRINTING - NEW BRI 123399 152.84
RECORDED BOOKS 123400 6.95
RICOH AMERICAS CORPORATI 123401 1,964.81
ROSEDALE CHEV 123402 112.02
ROYAL TIRE 123403 765.74
S & T OFFICE PRODUCTS IN 123404 143.64
SAM'S CLUB 123405 71.72
SCHOLASTIC LIBRARY PUBLI 123406 144.30
SHERWIN WILLIAMS 123407 108.56
SIGNS BY TOMMORROW 123408 30.00
STAPLES BUSINESS ADVANTA 123409 236.05
STAR TRIBUNE 123410 382.80
STEEL TECH INC 123411 620.36
STREICHER'S GUN'S INC/DO 123412 64.99
SUN PUBLICATION INC 123413 27.23
TECHDEPOT 123414 97.74
TEE'S PLUS 123415 1,782.25
THOMSON GALE 123416 3,020.15
TOUSLEY FORD 123417 141.67
TRUGREEN CHEMLAWN 123418 5,643.43
TWIN CITIES TRANSPORT & 123419 83.07
UNITED RENTALS 123420 1,848.85
VIKING ELECTRIC SUPPLY 123421 40.38
WATER CONSERVATION SRVCS 123422 612.13
WERNER ELECTRIC SUPPLY C 123423 30.01
WHITE BEAR LAKE POLICE D 123424 25.00
WW GRAINGER,INC 123425 281.78
ZARNOTH BRUSH WORKS, INC 123426 1,099.08
ZEP MANUFACTURING COMPAN 123427 73.31
3M 123428 5,778.05
1,442,655.61 ***
73
ACS FINANCIAL SYSTEM
10/18/2007 13
BANK VENDOR
REPORT TOTALS:
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE S
10/22/2007 COUNCIL LISTING
CHECK NUMBER AMOUNT
1,442,655.61
RECORDS PRINTED - 000982
74
ACS FINANCIAL SYSTEM
10/1 8/2007 13:26:08 Check History
FUND RECAP:
FUND DESCRIPTION DISBURSEMENTS
101 GENERAL 53,521.42
201 COMMUNITY DEVELOPMENT FUND 901.37
203 PARKVIEW VILLA NORTH 3.20
212 STATE AID MAINTENANCE 3,548.97
213 PARKVIEW VILLA SOUTH 1.60
225 CABLE TELEVISION 41.49
240 LIBRARY 14,703.25
261 TWENTY-FIRST CENTURY PROGRAM 1,037.45
270 DARE PROJECT 2,238.46
342 EDA LEASE REV BONDS 2007A 12,757.31
412 CAPITAL IMPROVEMENT PARKS 3,145.80
415 CAPITAL IMPRVMT - PIR PROD 101,062.74
418 COMMUNITY CTR CAPITAL BLDG 3,533.11
430 INFRASTRUCTURE FUND 4,550.00
431 CAP EQUIP REPLACE-GENERAL 70,935.38
436 CAPITAL EQUIP REPLACE-LIQUOR 464,498.75
601 WATER UTILITY 86,825.18
602 SEWER UTILITY 68,845.48
603 REFUSE FUND 89,341.79
604 STORM SEWER UTILITY 96.80
609 LIQUOR 250,369.87
652 SEWER CONSTRUCTION FUND 105.14
701 CENTRAL GARAGE 13,222.55
720 DATA PROCESSING 656.62
875 FISCAL AGENCY: GIS RANGER 5,778.05
880 PERMIT SURCHARGE 4,364.21
884 INSURANCE 1,022.82
885 PAYROLL FUND 185,546.80
TOTAL ALL FUNDS 1,442,655.61
BANK RECAP:
BANK NAME
---- ---------------------------- DISBURSEMENTS
BANK CHECKING ACCOUNT 1,442,655.61
TOTAL ALL BANKS 1,442,655.61
CITY OF COLUMBIA HEIGHTS
GL060S-V06.74 RECAPPAGE
GL540R
75
COLUMBIA HEIGHTS -CITY COUNCIL LETTER
AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Meeting date:
Fire
No.
ITEM: First Reading of Ordinance
No.1532, the Property BY: Gary Gorman
Maintenance Code
DATE: October 22, 2007
No:
Background: The current Residential Maintenance Code, Chapter SA of City Code, was adopted in
1989 for the maintenance of residential properties and the licensing of residential rental properties.
This code was based on the 1985 Uniform Housing Code and even with occasional updates the Code
has become outdated. The proposed Property Maintenance Code is based on the 2003 International
Property Maintenance Code and incorporates many other sections of City Code.
Recommendation: Staff recommends the replacement of the current Housing Maintenance
Code with the proposed Property Maintenance Code. The proposed code would continue to
cover the maintenance of all residential property and the licensing of residential rental
property. The biggest change of this proposal is that it would cover the maintenance and
licensing of all non-residential property.
RECOMMENDED MOTION: Move to waive the reading of Ordinance No.1532, there
being ample copies available to the public.
RECOMMENDED MOTION: Move to establish the second reading of Ordinance No.
1532, for November 26, 2007, at approximately 7:00 pm in the City of Columbia Heights
Council Chambers.
COUNCIL ACTION:
76
ORDINANCE NO. 1532
BEING AN ORDINANCE PERTAINING TO
PROPERTY MAINTENANCE
The City of Columbia Heights does ordain:
Chapter SA, of Ordinance No. 1490, City Code of 2005, Housing Maintenance Code
which currently reads as follows, to-wit:
Article
I. GENERAL PROVISIONS
IL MINIMUM STANDARDS
III. INSPECTION AND ENFORCEMENT
IV. LICENSING
V. REMEDIES
VI. VIOLATIONS AND PENALTIES
Section
SA.101 Statement of purpose
SA.102 Applicability
SA.103 Definitions
§ SA.101 STATEMENT OF PURPOSE.
(A) The purpose of the Residential Maintenance Code (hereinafter referred to
in this chapter 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;
(1) To protect the character and stability of residential areas within the
city;
(2) To correct and prevent housing conditions that adversely affect or
are likely to adversely affect the life, safety, general welfare, and health;
(3) 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;
(4) To prevent the overcrowding of dwellings;
(5) To provide minimum standards for the maintenance of existing
residential buildings and to thus prevent substandard housing and blight;
(6) To preserve the value of land and buildings throughout the city.
(B) With respect to disputes between landlords and tenants, and except as
otherwise specifically provided by terms of this chapter, 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
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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.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
~ SA.102 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.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
§ SA.103 DEFINITIONS.
(A) For the purpose of this chapter the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
ACCESSORYSTRUCTURE. A structure subordinate to the main or
principal dwelling or dwellings which is not authorized to be used for living or sleeping
by human occupants and which is located on or partially on the premises.
APARTMENT UNIT. APARTMENT, APARTMENT UNIT,
DWELLING UNIT, or UNIT means a room or group of rooms located within a building
which form a single habitable unit with facilities which are used or are intended to be
used for living, sleeping, cooking or eating.
APPROVED. An indication that an item meets construction, installation,
and maintenance standards of the State of Minnesota and of this code.
BASEMENT. Any floor level below the first story in a building, except
that floor level in a building having only one floor level shall be classified as a basement
unless such floor level qualifies as a first story as defined herein.
BUILDING. Any structure having a roof which may provide shelter or
enclosure for persons, animals, or chattels, and, when said structure is divided by party
walls without openings, each portion of such building so separated shall be deemed a
separate building.
CLEAN. The absence of rubbish, garbage, vermin or other unsightly,
offensive or extraneous matter.
DWELLING. A structure or portion thereof designed exclusively for
residential occupancy, including boarding and lodging houses, but not including hotels
and motels.
DWELLING UNIT. Dwelling unit has the same meaning as apartment
unit (within this code).
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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. Is defined in § 5.603(B).
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°
Fahrenheit, measured at faucet outlet.
HOUSING CODE. Chapter SA of this city 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, film 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 balder. 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, coi~-idor 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.
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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.
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.
RODENT HARBORAGE. A place where rodents commonly live, nest,
or establish their habitat.
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. Is defined in § 5.603(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 50% 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.
(B) 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"
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
Section
SA.201 Basic equipment and facilities
SA.202 Door and window locks
SA.203 Light, ventilation and electric
SA.204 Minimum thermal standards
SA.205 Foundation, exterior walls and roofs
SA.206 Maximum density and minimum space for rental units
SA.207 Screening and landscaping
SA.208 Exterior parking, pedeshian walkways and lighting
SA.209 Fire safety
SA.210 Discontinuance of service or facilities
SA.211 Public health and safety
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§ SA.20I 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:
(A) Kitchen sink. Each dwelling unit must contain a kitchen sink in good
working condition and properly connected to an approved water supply system and which
provides at all times an adequate amount of heated and unheated running water under
pressure and which is properly connected to the city sewage system.
(B) Kitchen storage. Each dwelling unit must contain a counter or table for
food preparation and must contain cabinets and/or shelves for storage or eating, drinking
and cooking equipment and utensils and of food that does not require refrigeration for
safekeeping. All cabinets, shelves, counter tops, and tables shall be of sound construction
covered with surfaces that are easily cleanable and that will not impart any toxic or
deleterious effect to food.
(C) Food storage acrd 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(A). 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.
(F) Bathtub or shower. Every dwelling unit shall contain a nonhabitable room
which is equipped with a bathtub or shower in good working condition. Such room shall
have an entrance door which affords privacy. A bathtub or shower shall be properly
connected to an approved water supply system, shall provide at all times an adequate
amount of heated and unheated water under pressure, and shall be connected to the city
sewer system.
(G) Stair~w~avs, porches acrd 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
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standards set forth in § 6.201(A). Every porch, balcony or deck which is more than 30
inches high shall have a guardrail located at least 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 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) Inspection. All buildings and/or maintenance improvements inspected
pursuant to this chapter, shall be judged and inspected in accordance with the applicable
Uniforryn 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.
(J) Repairs and maintenance. 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.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00) Penalty, see § SA.602
§ SA.202 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:
(A) When access to a dwelling unit door is gained through a common corridor
or entrance in a dwelling in which four 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
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device such as an intercom, telephone, audible bell or buzzer or other approved means of
making contact with the tenants must be provided.
(B) Every door that provides ingress or egress for a dwelling unit within a
multiple-family unit shall be equipped with an approved lock that has a dead locking bolt
that cannot be retracted by end pressure; provided, however, that such doors shall be
openable from the inside without the use of a key or any special knowledge or effort.
(C) All ingress, egress and interior doors shall be kept free of holes and/or
punctures. All ingress, egress or interior doors which separate a unit from another unit or
a common area or the exterior of the building shall be replaced with doors made of
approved solid-core construction. Said replacement shall occur when any such door is in
violation of this section and repairs cannot effectively correct the violation.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00) Penalty, see § SA.602
§ SA.203 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:
(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 4% of the floor area of the room or four 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 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) Nonl2abitable 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, arzd 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(A). 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 60 ampere, three-wire electric service per dwelling unit.
(2) Each dwelling unit shall have a least one branch electric circuit for
each 600 feet of dwelling unit floor area.
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(3) Every habitable room shall have at least the lesser of two floor or
wall type electric convenience outlets or one such outlet for each 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.
(Ord. 1281, passed 2-28-94; Am. Ord. 1.395, passed 2-14-00) Penalty, see § SA.602
§ SA.204 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 70° Fahrenheit at a distance of three feet
above floor level and at three 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
section.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00) Penalty, see § SA.602
§ SA.205 FOUNDATION, EXTERIOR WALLS AND ROOFS.
No person shall occupy as an owner-occupant or let to another for occupancy any
dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein
which does not comply with the following requirements, to-wit:
(A) Walls, roof and foundation. 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 ali points. Every exterior wall shall be free of structural deterioration or any other
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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.
(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 wails, foundations, basements, ground or first floors or roofs which.
have an opening of 1/2 inch 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.
(F) Accessouy structuure maintenance. Accessory structures on the premises
where the dwelling or dwelling unit is located shall be structurally sound and maintained
in good repair. The exterior of such structures shall be covered with decay-resistant
materials such as paint or other preservatives.
(G) Safe building elements. Every foundation, roof, floor, exterior wall,
interior wall, ceiling, inside stair, outside stair, porch, balcony and every appurtenance to
each of the foregoing shall be safe to use and capable of supporting normal structural
loads.
(H) Facilities to function. A11 equipment, utilities, chimney and flue required
under city code shall function effectively in a safe, sound and working condition.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00) Penalty, see § SA.602
~A.206 MAXIMUM DENSITY AND MINIMUM SPACE FOR RENTAL UNITS.
(A) (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.
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(2) Permissible occupancy of dwelling unit. The maximum
permissible occupancy of any rental dwelling unit shall be determined as follows:
(a) 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.
(b) In no event shall the total number of occupants exceed two
times the number of habitable rooms, less kitchen, in the dwelling unit.
(B) 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.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00) Penalty, see § SA.602
§ 5A.207 SCREENING AND LANDSCAPING.
(A) Compliu~ice. 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 section.
(B) Definitions. For the purposes of this section, the following definitions
shall apply unless the context clearly indicates or requires a different meaning.
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.
LANDSCAPE. Site amenities, including trees, shrubs, ground covers,
flowers, fencing, berms, retaining walls, and other outdoor finishings.
MECHANICAL EQUIPMENT. Heating, ventilation, exhaust, air
conditioning, and communication units integral to and located on top, beside, or adjacent
to a building.
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 planting
area.
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.
(C) Scree~~ain~ a~ad landscaping.
(1) Sodding and ground cover.
(a) All exposed ground area surrounding the principal building
and accessory buildings that 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.
(b) No person with title or custody of a motor vehicle shall
abandon such vehicle as defined herein anywhere in the city.
(c) For purposes of this subsection, an ABANDONED
MOTOR VEHICLE shall consist of:
1. A motor vehicle which has remained in any one
place on public property for a continuous period of 48 hours and lacks vital component
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parts that are essential to the mechanical functioning of the vehicle, or is otherwise in
inoperable condition; or
2. A motor vehicle which has remained on private
property for a continuous period of 48 hours without the consent of the person in control
of such properrya
(d) The owner of the property and/or the owner of said vehicle
in violation hereof shall be given a notice of violation by the city and will be given 96
hours to take corrective action.
(e) CORRECTIVE ACTION shall be defined as: The owner
of said property and/or vehicle has taken corrective action when the vehicle is legally
parked and in compliance with all applicable city ordinances and state requirements for
an operable vehicle on public roads. In the event corrective action is not taken within 96
hours from the notice of the violation, the city may take the vehicle into custody,
impound it, and the vehicle is eligible for disposal or sale as an unauthorized vehicle
under M.S. § 168B.08, as it may be amended from time to time, 45 days after notice to
the owner.
(2) Slopes azzd bez°ms. Final grades with a slope ratio of greater than
three to one 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 to one.
(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 § 4.203.
(D) General screening. A11 loading, service utility, mechanical equipment,
and outdoor storage areas, including dumpsters and refuse containers for dwellings of
three or more units shall. be screened from all public roads and adjacent residential uses
of property. All parking lots for dwellings of three 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 feet in height. Hedge
materials must be at least three feet in height, and trees must be at least six 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 division, density and species
of planting shall be such to achieve 75% capacity year-round.
(E) Otlzer parking lot screening. All parking lots for dwellings of three or
more units which are not required to be screened pursuant to division (D) must either
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provide screening pursuant to division (D) or provide a minimum of one deciduous tree
for every 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.
(F) Fe~zces. All fences and screening devices shall be built and regulated in
accordance with Chapter 6, Article IV.
(G) Storage. 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.
(H) Variances. Variances under this section shall be enforced and
administered in accordance with § SA.208(B).
(Ord. 1281, passed 2-28-94; Am. Ord. 1308, passed 9-11-95; Am. Ord. 1395, passed 2-
14-00; Am. Ord. 1432, passed 8-13-01; Am. Ord. 1434, passed 8-13-01; Am. Ord. 1486,
passed 6-13-OS) Penalty, see § SA.602
§ SA.208 EXTERIOR PARKING, PEDESTRIAN WALKWAYS AND LIGHTING.
(A) No person shall occupy as an owner-occupant or let to another for
occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or
eating therein which is located on premises which does not comply with the following
requirements, to-wit:
(1) Required off-street parking as defined in § 9.106(L). Additionally,
any building or structure in existence upon the effective date of this chapter which does
not currently comply with the parking requirements of § 9.106(L), 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.
(2) The required parking space must have a minimum width of 9 feet
and a minimum length of 20 feet.
(3) All required parking spaces must be surfaced with asphalt or
concrete.
(4) Curb guards and/or guardrails must be provided for parking spaces
situated above retaining walls.
(5) An unobstructed path must be provided between parking areas and
the dwelling unit.
(6) Lighting must be provided for parking areas and walkways
between the parking area and the dwelling unit in dwellings consisting of three or more
units. Lighting must be available for parking areas and walkways. Between the parking
area and the dwelling unit for dwellings of two or less units.
(7) In dwellings of three or more units, parking areas and pedestrian
walkways must have a minimum light of one foot candle, and the maximum light at the
boundary line of the premises may not exceed three foot candles.
(8) 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.
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(9) Commercial vehicles and junk cars. Commercial vehicles and junk
cars shall be regulated in accordance with § 7.205.
(B) Variances under § SA.207 and § SA.208 shall be enforced and
administered in accordance with § 9.104(G). The criteria contained in § 9.104(G)(6) shall
be applied in deciding whether or not an applicant is entitled to a variance.
(Ord. 1281, passed 2-28-94; Am. Ord. 1348, passed 6-23-97; Am. Ord. 1395, passed 2-
14-00) Penalty, see § SA.602
§ SA.209 FIRE SAFETY.
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) Every existing dwelling unit shall be provided with smoke detectors
conforming to U.S.C. chapter 34. Detectors shall be mounted on the ceiling or wall at a
point centrally located in the corridor or area giving access to rooms used for sleeping
purposes. When a living unit has more than one floor or level, a detector shall be
mounted on every level of the unit. Where sleeping rooms are on an upper level, the
detectors shall be placed at the center of the ceiling directly above the stairway. All
detectors shall be located in accordance with approved manufacturer's instructions. When
actuated, the detector shall provide an alarm in the dwelling unit or guest room.
(B) In new construction of any dwelling unit and in common hallways and
other common areas of existing units, required smoke detectors shall receive their
primary power from the building wiring when such wiring is served from a commercial
source. Wiring shall be permanent and without a disconnecting switch other than those
required for over current protection.
(C) No person, firm, or corporation shall tamper with any smoke detection
device. Any person, firm, or corporation proven to have tampered with any smoke
detection device shall be guilty of a misdemeanor pursuant to § SA.602.
(D) Combustible material shall not be stored in boiler rooms, mechanical
rooms or electrical equipment rooms.
§ SA.210 DISCONTINUANCE OF SERVICE OR FACILITIES.
No owner, operator or occupant shall cause any service, facility equipment or
utility which is required under this chapter 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.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00) Penalty, see § SA.602
§ 5A.211 PUBLIC HEALTH AND SAFETY.
(A) Rodent harborages prohibited i~a occupied areas. No occupant of a
dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other
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similar materials in such a manner that may provide a rodent harborage in or about any
dwelling or dwelling unit.
(B) Rodent harborages prohibited in public ar-eas. 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.
(C) Prevention offood 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.
(D) Sanitary maintenance of~xttares 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.
(E) Respo~~zsibility 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 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.
(F) Garbage, ~7tibbish, and recyclable materials. Garbage, rubbish and
recyclable materials shall be regulated in accordance with Chapter 8, Article III.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-I4-00) Penalty, see § SA.602
Section
SA.301 Enforcement and inspection authority
SA.302 Inspection access
SA.303 Inspections
SA.304 Compliance order
SA.305 Posting to prevent occupancy
SA.306 Right of appeal
SA.307 Board of Appeals
§ SA.301 ENFORCEMENT AND INSPECTION AUTHORITY.
The City Manager and his designated agents shall be the Housing Enforcement
Officer who shall administer and enforce the provisions of the chapter. Inspections shall
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be conducted during reasonable hours, and, upon request the Housing Enforcement
Officer shall present evidence of his official capacity to the owner, occupant or person in
charge of a dwelling unit sought to be inspected.
(Ord. 1281, passed 2-28-94; Am. Ord. 1291, passed 8-8-94; Am. Ord. 1395, passed 2-14-
00)
§ SA.302 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 article, the Housing
Enforcement Officer may, upon a showing that probable cause exists for the inspection or
for the issuance of an order directing compliance with the inspection requirements of this
section with respect to such dwelling, dwelling unit or multiple dwelling, petition and
obtain an order to inspect and/or search warrant from court of competent jurisdiction.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
SA.303 INSPECTIONS.
(A) 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 § SA.303(B).
(B) Inspections on individual dwelling units shall be required for tenant
occupancy changes under the following conditions:
(1) 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; or
(2) 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.
(3) 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 cu1-rent 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.
(Ord. 1.281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
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§ 5A.304 COMPLIANCE ORDER.
(A) 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
chapter, he may issue a compliance order setting forth the violations of the chapter and
ordering the owner, occupant, operator, or agent to correct such violations. The
compliance order shall:
(1) Be in writing;
(2) Describe the location and nature of the violations of this code;
(3) Establish a reasonable time not greater than six months for the
correction of such violation and advise the person to whom the notice is directed of the
right to appeal; and
(4) Advise the person to whom the notice is directed of the right to
appeal; and
(5) Be served upon the owner of his 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:
(a) Served upon him personally;
(b) Sent by certified mail return receipt requested to his last
known address; or
(c) Upon failure to effect notice through subdivisions (a) and
(b) as set out in this section, posted at a conspicuous place in or about the dwelling which
is affected by the notice.
(B) 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 residential maintenance code.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
5A.305 POSTING TO PREVENT OCCUPANCY.
The Housing Enforcement Officer may post any building or structure covered by
this article as being in direct violation of the chapter 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.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
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~ SA.306 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 chapter or upon a
misstatement or mistake of fact, such person may appeal as set forth in § 6.202(A).
(Ord. 1281, passed 2-28-94; Am. Ord. 1292, passed 8-8-94; Am. Ord. 1395, passed 2-14-
00)
§ SA,307 BOARD OF APPEALS.
Upon at least 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 § SA.304(A). All appeals shall
be conducted in accordance with Section 203, Ufaiform Horsing Code, 1985 edition,
International Conference of Building Officials.
(Ord. 1281, passed 2-28-94; Am. Ord. 1292, passed 8-8-94; Am. Ord. 1395, passed 2-14-
00)
A ri'ICL: IV: .ICE SYNC
Section
SA.401 License required
SA.402 License procedures
SA.403 Application and inspection
SA.404 Issuance of rental housing license
SA.405 License display
SA.406 License transfer
SA.407 License renewal
SA.408 Suspension or revocation
SA.409 License fees
SA.410 Conduct on licensed premises
SA.411 Background checks
§ 5A.401 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 is 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 and with § 6.202(A) may be occupied provided that the unlicensed units within
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the apartment building do not create a hazard to the health and safety of persons in
occupied units.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00) Penalty, see § SA.602
5A.402 LICENSE PROCEDURES.
(A) Within 180 days after the passage of this chapter, 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.
(B) 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 chapter
shall obtain a license prior to actual occupancy of any rental unit therein.
(C) Applicants shall provide the following information on license applications:
(1) Name and address of owner of the rental dwelling and the name
and address of the operator or agent actively managing said rental dwelling.
(2) The name and address of the vendee if the rental dwelling is being
sold on a contract for deed.
(3) The address of the rental dwelling.
(4) The number and kind of units within the rental dwelling, the floor
area for each such unit and the total floor area for the building.
(5) The number of paved off-street parking spaces available.
(6) Name and address of person to whom owner/applicant wishes a
certified letter to be sent for purposes of § SA.304(A)(4).
(7) All owners of rental dwellings shall provide telephone access
numbers 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.
The information may include, but is not limited to tenant lists which include tenant's
name, unit, and identifying information (i.e., date of birth, social security number, driver's
license number).
(D) Failure to complete, in full, the required license application shall be
grounds for denial of the license.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
§ SA.403 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.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
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§ 5A.404 ISSUANCE OF RENTAL HOUSING LICENSE.
(A) 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.
(B) 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 20 days after the licensee or his agent is notified of the
outstanding reinspection fees, unless payment is made before the expiration of the 20-day
period.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
§ SA.405 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 of a prospective tenant or the Housing Enforcement Officer or his authorized
representative.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
§ SA.406 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.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
§ SA.407 LICENSE RENEWAL.
(A) All rental licenses shall be effective for a period of one year. However,
renewal of licenses, as required annually by this code, maybe made by:
(1) Completing the renewal form furnished to the owner, operator, or
agent of the rental dwelling, by the Housing Enforcement Officer;
(2) Mailing the renewal form and the required registration fee to the
Housing Enforcement Officer; and
(3) Successful completion of the housing maintenance code inspection
as required by § SA.303(A).
(B) 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
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when no change in ownership, operation, agency or type of occupancy of the rental
dwelling has occurred in the last licensing year.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
§ SA.408 SUSPENSION OR REVOCATION.
(A) 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.
(B) 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:
(1) 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.
(2) 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.
(3) 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.
(C) 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.
(D) 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.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
~ SA.409 LICENSE FEES.
License fees, inspection fees, and reinspection fees shall be established by
Council resolution.
(Ord. 1281, passed 2-28-94; Am. Ord. 1289, passed 5-23-94; Am. Ord. 1395, passed 2-
14-00)
5A.410 CONDUCT ON LICENSED PREMISES.
(A) It shall be the responsibility of the licensee to take appropriate action
following conduct by persons occupying the premises which is determined to be
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disorderly, in violation of any of the following statutes, as they may be amended from
time to time, or regulations:
(1) M.S. §§ 609.75 through 609.76, which prohibit gambling;
(2) M.S. §§ 609.321 through 609.324 which prohibit prostitution and
acts relating thereto;
(3) M..S. §§ 152.01 through 152.025, and § 152.027, subds. 1 and 2,
which prohibit the unlawful sale or possession of controlled substances;
(4) M.S. § 340A.401, which prohibits the unlawful sale of alcoholic
beverages;
(5) M.S. § 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;
(6) Section 10.312 of this code, which prohibits noisy assemblies;
(7) M.S. §§ 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;
(8) M.S. § 609.72, which prohibits disorderly conduct;
(9) M.S. § 609.221 through 609.224, which prohibits assaults,
including domestic assault as defined in M.S. § 518B.01.
(10) Violation of laws relating to contributing to need for protection or
services or delinquency of a minor as defined in M.S. § 260.315.
(11) Sections 8.102 et seq. of this code which relates to animal noises
and public nuisances.
(B) The Police Chief (Department) shall be responsible for enforcement and
administration of this section.
(C) Upon determination by the Police Chief (Department) that a licensed
premises was used in a disorderly manner, as described in section. (A), the Police Chief
(Department) shall notify the licensee by mail of the violation and direct the licensee to
take steps to prevent further violations.
(D) If another instance of disorderly use of the licensed premises occurs within
three months of an incident for which a notice in division (C) 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 five 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
months. If the licensee fails to comply with the requirements of this subsection, the rental
dwelling license for the premises maybe 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 § SA.408.
(E) If another instance of disorderly use of the licensed premises occurs within
three months after any two 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,
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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 § SA.408.
(F) 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 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.
(G) A determination that the licensed premises has been used in a disorderly
manner as described in division (A) 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.
(Ord. 1281, passed 2-28-94; Am. Ord. 1289, passed 5-23-94; Am. Ord. 1395, passed 2-
14-00)
§ SA.411 BACKGROUND CHECKS.
For the protection of local resident, property owner, tenants, and the overall
public safety of the community, the Police Department is hereby authorized to conduct
Minnesota criminal history checks for the purpose of screening potential tenants of real
property, subject to the following conditions:
(A) A request is made by the property owner/landlord in writing;
(B) A signed consent form from the subject of the check is received by the
Police Department;
(C) Authorization is received from the subject of the check to release said
information to the property owner/landlord;
(D) The purpose and use of said information is solely for assisting in the
screening of potential tenants.
(Ord. 1382, passed 12-28-98)
r~ TICL,~ `~: 1l ~ DES
Section
SA.501 Hazardous building declaration
SA.502 Secure unfit and vacated dwellings
SA.503 Failure to comply
SA.504 Remedies cumulative
SA.505 Cost recovery
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§ SA.501 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.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
§ 5A.502 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.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00) Penalty, see § SA.602
5A.503 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 M.S.
Chapter 429, as it may be amended from time to time, 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.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
§ 5A.504 REMEDIES CUMULATIVE.
Any remedies pursued under §§ SA.501 to SA.503, are in addition to the remedies
or penalties prescribed under §§ SA.601 to SA.602.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
~ 5A.505 COST RECOVERY.
(A) 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.
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(B) 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.
(C) 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.
(D) 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.
(Ord. 1395, passed 2-14-00)
Section
SA.601 Violations
SA.602 Penalty
§ SA.601 VIOLATIONS.
(A) No person, firm, corporation, or licensee shall own and maintain or
operate or rent to any other person for occupancy any rental dwelling, rental dwelling
unit, or premises in which a rental dwelling unit is located in violation of Chapter SA,
Article II (§§ SA.201 et seq.), maintenance standard.
(B) 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.
(C) No person, film, 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.
(D) No person, firnz, corporation or licensee shall fail or refuse to obey a
compliance order validly issued under this code.
(E) No person, firm or corporation shall give or submit false information on a
license application or any renewal thereof.
(F) No person who is an occupant of a rental dwelling or rental dwelling unit
shall cause a rental dwelling, rental dwelling unit or the premises on which a rental
dwelling unit is located to become in violation of any of the maintenance standards set
forth in Chapter SA, Article II (§§ SA.201 et seq.), normal wear and tear excepted.
(G) No person shall occupy an unlicensed dwelling or dwelling unit if such
dwelling unit is required to be licensed under this chapter.
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(H) 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.
(I) No person may occupy a dwelling or properly posted pursuant to §
SA.304.
(J) 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.
(Ord. 1.281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00) Penalty, see § SA.602
§ SA.602 PENALTY.
Any person, firm or corporation who violates or refuses 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
$700 or to imprisonment not to exceed 90 days, or both, for each offense. Each day that a
violation exists shall constitute a separate offense.
(Ord. 1281, passed 2-28-94; Am. Ord. 1395, passed 2-14-00)
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Is hereby repealed and replaced with:
~ i ~ ~ 1!~ i i ~ ~ i
Article
I. GENERAL PROVISIONS
II. MINIMUM STANDARDS
III. INSPECTION AND ENFORCEMENT
IV. LICENSING
V. REMEDIES
VI. VIOLATIONS AND PENALTIES
~~~~.
Section
SA.101 Statement of purpose
SA.102 Applicability
SA.103 Definitions
§ SA.101 STATEMENT OF PURPOSE.
(A) These regulations shall be known as the Prope~.ty Maintena~zce Code of
The City of Columbia Heights hereinafter referred to as "this code".
(B) The provisions of this code shall apply to all existing residential and
nonresidential structures and all existing premises and constitute minimum requirements
and standards for premises, structures, equipment and facilities for light, ventilation,
space, heating, sanitation, protection from the elements, life safety, safety from fire and
other hazards, and for safe and sanitary maintenance; the responsibility of owners,
operators and occupants; the occupancy of existing structures and premises, and for
administration, enforcement and penalties.
(C) This code shall be construed to secure its expressed intent, which is to
protect the character and stability of all premises within the city; to correct and prevent
conditions that adversely affect or are likely to adversely affect the life, safety, general
welfare, and health; to provide minimum standards for the maintenance of existing
property and to thus prevent substandard property and blight; and to preserve the value of
land and buildings throughout the city. Existing structures and premises that do not
comply with these provisions shall be altered or repaired to provide a minimum level of
health and safety as required herein.
(D) If a section, subsection, sentence, clause or phrase of this code is, for any
reason, held to be unconstitutional, such decision shall not affect the validity of the
1•emaining portions of this code.
(E) With respect to disputes between property owners (owners) and tenants,
and except as otherwise specifically provided. by terms of this Code, the City Council
(Council) will not intrude upon the accepted contractual relationships between owners
and tenants. The Council will not intervene as an advocate of either party, nor will it act
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as an arbiter, nor will it be receptive to complaints from owners 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.
~ 5A.102 APPLICABILITI'.
(A) The provisions of this code shall apply to all matters affecting or relating
to structures and premises, as set forth in Section 101. Where, in a specific case, different
sections of this code specify different requirements, the most restrictive shall govern.
(B) Equipment, systems, devices and safeguards required by this code or a
previous regulation or code under which the structure or premises was constructed,
altered or repaired shall be maintained in good working order. The requirements of this
code are not intended to provide the basis for removal or abrogation of fire protection and
safety systems and devices in existing structures. Except as otherwise specified herein,
the owner or the owner's designated agent shall be responsible for the maintenance of
buildings, structures and premises.
(C) Repairs, additions or alterations to a structure, or changes of occupancy,
shall be completed in accordance with the procedures and provisions of the Minnesota
State Building Code, Minnesota State Fire Code, and City Code.
(D) The provisions in this code shall not be construed to abolish or impair
existing remedies of the jurisdiction or its officers or agencies relating to the removal or
demolition of any structure which is dangerous, unsafe and unsanitary.
(E) Repairs, maintenance work, alterations or installations which are caused,
directly or indirectly, by the enforcement of this code shall be executed and installed in a
workmanlike manner and installed in accordance with the manufacturer's installation
instructions.
(F) Requirements necessary for the strength, stability or proper operation of
an existing fixture, stucture or equipment, or for the public safety, health and general
welfare, not specifically covered by this code, shall be determined by the code official.
(G) The code official, officer or employee charged with the enforcement of
this code, while acting for the jurisdiction, shall not thereby be rendered liable personally,
and is hereby relieved from all personal liability for any damage accruing to persons or
property as a result of an act required or permitted in the discharge of official duties. Any
suit instituted against any officer or employee because of an act performed by that officer
or employee in the lawful discharge of duties and under the provisions of this code shall
be defended by the legal representative of the jurisdiction until the final termination of
the proceedings. The code official or any subordinate shall not be liable for costs in an
action, suit or proceeding that is instituted in pursuance of the provisions of this code; and
any officer of the department of property maintenance inspection, acting in good faith
and without malice, shall be free from liability for acts performed under any of its provi-
sions or by reason of any act or omission in the performance of official duties in
connection therewith.
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§ 5A.103 DEFINITIONS.
(A) For the purpose of this code the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
ACCESSORYSTRUCTURE. A building or structure subordinate to the
main or principal structure 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 or apartment unit, has the same
meaning as Dwelling U~zit within this code.
APPROVED. An indication that an item meets construction, installation,
and maintenance standards of the State of Minnesota, City Code and code official.
BASEMENT. That portion of a building which is partly or completely
below grade.
BATHROOM. A group of fixtures consisting of a water closet, lavatory,
and bathtub or shower. Such fixtures are located together on the same floor level.
BUILDING. Any structure used or intended for supporting or sheltering
any use or occupancy.
CITY. The City of Columbia Heights.
CITY COUNCIL. The City Council, which is the governing authority of
the City of Columbia Heights.
CLEAN. The absence of rubbish, garbage, vermin or other unsightly,
offensive or extraneous matter.
CODE OFFICIAL. The official who is charged with the administration
and enforcement of this code, or any duly authorized representative.
CONDEMN. To adjudge unfit for occupancy.
COUNCIL. Same meaning as CITY COUNCIL.
DWELLING. A structure or portion thereof used, or designed to be used,
rented, leased, let, or hired out to be occupied for living purposes. Does not include
rooms in motels, hotels, nursing homes, trailers, tents, cabins, or trailer coaches.
DWELLING UNIT. A single unit providing complete, independent living
facilities for one or more persons including permanent provisions for living, sleeping,
eating, cooking, and sanitation.
EASEMENT. That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s) of the property. The
easement shall be permitted to be for use under, on or above a said lot or lots.
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 access, exit enclosures, exit discharge,
exit courts and yards.
EXTERIOR PROPERTY. The open space on the premises and on
adjoining property under the control of owners, or operators of such premises.
EXTERMINATION. The control and elimination of insects, rodents,
vermin or other pests by eliminating their harborage places; by removing or making
inaccessible materials that serve as their food; by poison spraying, fumigating, trapping
or by any other approved pest elimination methods.
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
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group of not more than three persons not so related, maintaining a common. household
and using common cooking and kitchen facilities.
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.
FUNCTIONING. In such physical condition as to safely perform the
service or services for which an item is designed or intended.
GARBAGE. As defined in Chapter 8, Article III of City Code.
GUARD. A building component or a system of building components
located at or near the open sides of elevated walking surfaces that minimizes the
possibility of a fall from the walking surface to a lower level.
HABITABLE SPACE. Space in a structure for living, sleeping, eating or
cooking. Batlnooms, toilet rooms, closets, halls, storage or utility spaces, and similar
areas are not considered habitable spaces.
HOT WATER. Water heated to a temperature of not less than 110°
Fahrenheit, measured at faucet outlet.
HOUSEKEEPWG UNIT. A room or group of rooms forming a single
habitable space equipped and intended to be used for living, sleeping, cooking and eating
which does not contain, within such a unit, a toilet, lavatory, and bathtub or shower.
IMMINENT DANGER. A condition which could cause serious or life-
threatening injury or death at any time.
INFESTATION. The presence within or around a dwelling or dwelling
unit of any insect, bird, rodent, vermin or other pest.
KITCHEN. An area used, or designated to be used, for the preparation of
food.
LABELED. Devices, equipment, appliances, or materials to which has
been affixed a label, seal, symbol or other identifying mark of a nationally recognized
testing laboratory, inspection agency or other organization concerned with product
evaluation that maintains periodic inspection of the production of the above-labeled items
and by whose label the manufacturer attests to compliance with applicable nationally
recognized standards.
LANDSCAPE. Site amenities, including trees, shrubs, ground covers,
flowers, fencing, berms, retaining walls, and other outdoor finishing's.
LET FOR OCCUPANCY OR LET. To permit, provide or offer
possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or
structure by a person who is or is not the legal owner of record thereof, pursuant to a
written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded
agreement of contract for the sale of land.
MECHANICAL EQUIPMENT. A system specifically addresses and
regulated in this code and composed of components, devices, appliances and equipment
including, but not limited to, heating, ventilation, exhaust, air conditioning, and
communication units integral to and located on top, beside, or adjacent to a building.
OCCUPANCY. The purpose for which a building or portion thereof is
utilized or occupied
OCCUPANT. Any person (including owner or operator) living in, or
having possession of a space within a building.
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OPENABLE AREA. That part of a window, skylight or door which is
available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR. Any person who has charge, care or control of a structure or
premises which is let or offered for occupancy.
OWNER. Any person, agent, operator, firm or corporation having a legal
or equitable interest in the property; or recorded in the official records of the state, county
or municipality as holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession of real property by
a court.
PERSON. An individual, heirs, executors, administrators or assigns, and
also includes a firm, partnership or corporation, its or their successors or assigns, or the
agent of any of the aforesaid.
PREMISES. A lot, or parcel of land, easement or public way, including
any structures thereon.
PROPERTYMAINTENANCE CODE. Chapter SA of this City Code
together with the bzterrratiorral Property Mair2terrance Code, 2006 Edition, as amended,
International Code Conference.
PROPERTYMAINTENANCE ENFORCEMENT OFFICER. Agent
designated by the City Manager to enforce provisions of the property maintenance code.
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.
PUBLIC WAY. Any street, alley or similar parcel of land essentially
unobstructed from the ground to the sky, which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
RENTAL. Same meaning as LET FOR OCCUPANCY OR LET.
REPAIR. Shall mean to restore to a sound, acceptable state of operation,
serviceability or appearance. Repairs shall be expected to last as long as the replacement
by new items.
REPLACE or REPLACEMENT. To remove an existing or portion of a
system and to construct or install a new item of a quality similar to that of the existing
item when it was new. Replacement ordinarily takes place when repair of the item is
impractical.
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 planting
area.
RODENT HARBORAGE. A place where rodents commonly live, nest,
or establish their habitat.
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. As defined in. Chapter 8, Article III of City Code.
SAFE. The condition of being free from danger and hazards which may
cause accidents or disease.
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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.
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 50% of the total perimeter, or more than eight feet
below grade, as defined herein, at any point.
STRUCTURE. That which is built or constructed or a portion thereof.
TENANT. A person, corporation, partnership or group, whether or not the
legal owner of record, occupying a building or portion thereof as a unit.
TOILET ROOM. A room containing a water closet or urinal but not a
bathtub or shower.
UNSAFE. 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.
VEHICLE or MOTOR VEHICLE. As defined in Minnesota State
Statute 169.01.
VENTILATION. The natural or mechanical process of supplying
conditioned or unconditioned air to, or removing such air from, any space.
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.
WORKMANLIKE: Executed in a skilled and professional manner
including obtaining all necessary City/State pernuts, inspections, approvals of the
authority having jurisdiction, adherence to all applicable codes, installation to
manufacturer's specifications, the use of proper materials for designed purposes,
installation to current architectural or engineering standards, surfaces (material, color,
texture) to conform to current surrounding areas, and all work shall be generally plumb,
level, square, in line, undamaged and without marring adjacent work.
YARD. An open space on the same lot with a structure.
(B) Whenever the words "dwelling unit," "dwelling," "premises," "building,"
"roonung house," "rooming unit," "housekeeping unit," "structure," or "story" are stated
in this code, they shall be construed as though they were followed by the words "or any
part thereof"
(C) Words stated in the present tense include the future; words stated in the
masculine gender include the feminine and neuter; the singular number includes the plu-
ral and the plural, the singular.
(D) Where terms are not defined in this code and are defined in the Minnesota
State Bicildirzg Code, Minnesota State Fire Code, oY City Code, such terms shall have the
meanings ascribed to them as in those codes.
(E) Where terms are not defined through the methods authorized by this section,
such terms shall have ordinarily accepted meanings such as the context implies.
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rTI~LE ~: I I: 1~ ST'I~1 ~ S
Section
SA.201
SA.202
SA.203
SA.204
SA.205
SA.206
SA.207
SA.208
SA.209
SA.210
SA.211
SA.212
Basic equipment and facilities
Exterior Property Areas
Exterior Structure
Interior Structure
Rubbish, Garbage, Recycling, and Composting
Occupancy Limitations
Light
Ventilation
Plumbing
Heating and Mechanical
Electrical
Fire Safety
SA.20I BASIC EQUIPMENT AND FACILITIES.
(A) Occupancies shall meet the minimum requirements for basic equipment and
facilities as set forth in the Minnesota State Building Code, Minnesota State Fire Code,
and City Code for the type of occupancy.
(B) No owner, operator or occupant shall cause any service, facility equipment
or utility which is required under this chapter to be removed from or shut off from or
discontinued for any occupied premises except for temporary interruptions as may be
necessary while actual repairs or alterations are made or during temporary emergencies.
No premises may use the utilities, services or facility equipment of another premises after
their utility, service or facility equipment has been removed or shut off unless it is with
the permission of the Building Official.
(C) 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 or legal non-
conforming at the time of the adoption of the Code, provided such continued use is not
dangerous to life. Non-conformities shall follow the requirements of Chapter 9, Article 1
of City Code.
§ 5A.202 EXTERIOR PROPERTY AREAS.
(A) Sanitation. All exterior property and premises shall be maintained in a
clean, safe and sanitary condition.
(B) Oz-aside Sto~~age. Outside storage of articles including, but not limited to,
equipment, construction materials, excess soil, garbage, rubbish, yard waste, recyclables,
hazardous waste, items not designed for exterior use, and 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. Storage containers
including, but not limited to, trailers, semi trailers, cargo containers, PODS, and
dumpsters, are not allowed as permanent storage structures. The use of these types of
storage containers for temporary use, up to sixty consecutive days, is allowed by meeting
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all requirements of City Code.
(C) Grading and Drainage. All premises shall be graded and maintained to
prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or
within any structure located thereon. Drainage from a property shall not adversely affect
adjoining premises.
(D) Ground Cover. All exposed ground area surrounding the principle
structure and accessory structures, 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. Ground cover areas shall be maintained free of weeds,
trash, yard waste, garbage and outside storage. No landscaped area shall be used for the
parking of automobiles, trucks, sport utility vehicles, buses, vans, trailers, campers,
motor-homes, boats, motorcycles, personal watercraft, motorized construction equipment,
snowmobiles, all terrain vehicles, and agricultural tractors/equipment or the storage or
display of materials, supplies or merchandise. Materials used for landscaping, including
but not limited to, stone, brick, wood, edging materials, plastic, weed barriers shall be
maintained. Damaged or deteriorated materials shall be repaired or replaced.
(E) Slopes and Beans. 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
ground covers 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 (1).
(F) Trees and Weeds. All exterior property and premises shall be maintained
free from diseased, dead and hazardous trees, noxious weeds, and long grass per Chapter
4, Article II of City Code herein adopted by reference, and this code.
(G) Maintenance. All diseased, dead, and hazardous trees, shrubs, ground
covers, and sod shall be removed and/or replaced in accordance with this code. All trees,
or other vegetation, which spring up in crevices by foundations and along walls and
fences, must be promptly removed to avoid structural damage. Tall weeds or grass shall
not be allowed to grow to a height greater than allowed in Chapter 4, Article II of City
Code. Inspectors may grant an exception for wildlife areas, areas bordering ponds,
wildflower areas, ornamental grasses, other such areas that are part of an orderly
landscape, and other vegetation as the Council shall, from time to time designate by
resolution. These exceptions shall be maintained weed free and confined to the
designated area. Orderly landscape areas do not include yard/lawn areas that are sodded
where other types of vegetation are allowed to freely grow in it.
(H) Tz1ee Stumps. All tree stumps shall be removed to four inches below the
surface of the ground, including root extensions. Stump debris shall be removed and the
hole filled in to match the surrounding area. Stumps that are to be used for other
purposes including, but not limited to, art, furniture, and landscaping shall be separated
from the root system. The remaining stump/roots shall be removed as outlined above.
(I) Fire Wood. The accumulation of twigs, branches, leaves, and trunk
sections are not allowed. Firewood is allowed if it is cut to fireplace length/split, neatly
stacked in rear yards only, and is placed in an area that does not promote rodent
harborage or the deterioration of adjacent surfaces and does not adversely affect
adjoining premises. No more than 400 cubic feet of stored firewood allowed per
premises.
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(J) 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.
(K} Sidewalks, Parking, and Driveways. All sidewalks, walkways, stairs,
driveways, parking spaces and similar areas shall be kept in a proper state of repair, and
maintained free from hazardous conditions. Hazardous conditions include, but are not
limited to, the accumulation of snow, ice and debris, deteriorated, broken, uneven and
missing pavement and the growth of vegetation in cracks and crevices.
All off street parking areas, all driveways leading to such parking areas and all
other areas upon which vehicles may be located shall be hard surfaced and shall conform
to Chapter 9, Section I of City Code. Driveway and parking areas that are currently hard
surfaced, but do not meet all of the current requirements, can maintain the legal non-
conforming driveway and parking areas until such time as the hard surface is damaged,
deteriorated, or replaced. At which time driveway and parking areas shall be
reconstructed to the current requirements of Chapter 9, Section I of City Code. Premises
that have handicap accessible parking shall maintain the required handicap parking per
the State Building Code.
(L) Infestation. All structures and exterior property shall be kept free from
insect, bird and rodent infestation. All structures in which insects, birds or rodents are
found shall be promptly exterminated by approved processes that will not be injurious to
human health. After extermination, proper precautions shall be taken to prevent re-
infestation. No owner or occupant of a premises shall accumulate or permit the
accumulation of any materials in such a manner that may provide insect, bird and rodent
harborage, or serve as food for same, in or about structures or premises.
(M) Exhaust Vents. Pipes, ducts, conductors, fans or blowers shall not
discharge gases, steam, water, vapor, hot air, grease, smoke, odors or other gaseous or
particulate wastes directly upon abutting or adjacent public or private property or that of
another tenant.
(N) Accessory Structacres. All accessory structures, including detached
garages, storage buildings and sheds, shall be maintained structurally sound and in good
repair per Section SA.203.
(O) Fences, Fi-ee Standing Walls, and Retaining Walls. All fences, free
standing walls, and retaining walls shall be constructed and regulated in accordance with
Chapter 6, Article IV of the Columbia Heights City Gode and maintained per section
SA.203.
(P) Junk Vehicles and Abandoned Motor Vehicles. Junk vehicles and
abandoned motor vehicles shall conform to the requirements of Chapter 7, Article II of
City Code incorporated herein. Vehicles that are inoperative and are awaiting repairs on
the premises of an approved repair or body shop occupancy or their storage areas may be
inoperative up to seven days. Junk or abandoned vehicles that are taken, or impounded,
due to a legal process may be stored on a premises that meets City zoning for this type of
storage, for up to two weeks after the legal holding time or process is complete. Painting
of vehicles is prohibited unless conducted inside an approved spray booth. A vehicle of
any type is permitted to undergo major overhaul, including bodywork, provided that such
work is performed inside a structure or similarly enclosed area designed and approved for
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such occupancy through the Minnesota State Building Code, Minnesota State Fire Code
and meeting City zoning regulations.
(Q) Defacement of Property. No person shall willfully or wantonly damage,
mutilate or deface any exterior surface of any structure or building on any private or
public property by placing thereon any marking, carving or graffiti. It shall be the
responsibility of the owner to restore said surface to an approved state of maintenance
and repair per section 8.204(R) of City Code.
(R) Swimming pools. Swimming pools, spas and hot tubs, including all
required fencing and safety features, shall be maintained in a clean and sanitary
condition, and in good repair. Swimming pools, spas, and hot tubs shall conform to
Chapter 6, Article V of the City Code incorporated herein by reference.
(S) Pets. Exterior of premises where animals are allowed to roam, including
caged areas and pens, shall be maintained free of an accumulation of animal waste,
bedding materials and food that would attract insects, rodents, or any other vermin and
cause an odor that would adversely affect adjoining properties.
§SA.203 EXTERIOR STRUCTURE.
(A) General. The exterior of a structure shall be maintained in good repair,
structurally sound and sanitary so as not to pose a threat to the public health, safety or
welfare.
(B) Protective Treatment. All exterior surfaces, including but not limited to,
siding, doors, door and window frames, cornices, porches, trim, balconies, signs
(including pilon and monument), canopies, lighting, posts/poles, decks, retaining walls
and fences shall be maintained in good condition. Exterior wood surfaces, other than
decay-resistant woods, shall be protected from the elements and decay by painting or
other protective covering or treatment. Rotting and deteriorated surfaces shall be
replaced. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.
All siding and masonry joints as well as those between the building envelope and the
perimeter of windows, doors, and skylights shall be maintained weather resistant and
water tight. All metal surfaces subject to lust or corrosion shall be coated to inhibit such
rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to
inhibit future rust and corrosion. Oxidation stains shall be removed from exterior sur-
faces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
If any structure is remove or demolished for any purpose, all parts of the demolished
structure are to be removed, including utilities, foundations and footings, unless those
parts are to be reused for a new structure and is approved by the Building Official.
(C) Prerrrises Identification. Buildings shall have approved address numbers
placed in a position to be plainly legible and visible from the street or road fronting the
property. Where applicable, buildings shall also have approved address numbers placed
in a position to be plainly legible and visible from streets and alleys to the rear of
properties. These numbers shall be Arabic numerals of a contrasting color to their
background. Numbers shall be a minimum of 4 inches (102mm) high with a minimum
stroke width of 0.5 inch (12.7rnm).
(D) Structrsral Members. All structural members shall be maintained free from
deterioration, and shall be capable of safely supporting the imposed dead and live loads.
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(E) Foundation Walls. All foundation walls shall be maintained plumb and
free from open cracks and breaks and shall be kept in such condition so as to prevent the
entry of rodents and other pests.
(F) Exterior Walls. All exterior walls shall be free from holes, breaks, and
loose or rotting materials; and maintained weatherproof and properly surface coated
where required to prevent deterioration.
(G) Rodent Proof. Each part of every structure shall be rodent resistant. All
openings in exterior walls, foundations, basements, ground or first floors or roofs shall be
rodent-proofed in an approved manner.
(H) Roofs and Drainage. The roof and flashing shall be sound, tight and not
have defects that admit rain. Roofing materials that have deteriorated or are damaged
shall be replaced. Roof drainage shall be adequate to prevent dampness or deterioration
in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall
be maintained in good repair and free from obstructions. Roof water shall not be
discharged in a manner that creates a public nuisance, or adversely affects adjoining
premises.
(I) Decorative Features. All cornices, belt courses, corbels, terra cotta trim,
wall facings and similar decorative features shall be maintained in good repair with
proper anchorage and in a safe condition.
(J) Overhang Extensions. All overhang extensions including, but not limited
to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts
shall be maintained in good repair and be properly anchored so as to be kept in a sound
condition. When required, all exposed surfaces of metal or wood shall be protected from
the elements and against decay or rust by periodic application ofweather-coating
materials, such as paint or similar surface treatment.
(K) Stairways, Decks, Porches and Balconies. Every exterior stairway, deck,
porch and balcony, and all appurtenances attached thereto, shall be maintained
structurally sound, in good repair, with proper anchorage, capable of supporting the
imposed loads and to the requirements of section SA.204(D).
(L) Chimneys and Towers. All chimneys, cooling towers, smoke stacks, and
similar appurtenances shall be maintained structurally safe and sound, and in good repair.
All exposed surfaces of metal or wood shall be protected from the elements and against
decay or rust by periodic application of weather-coating materials, such as paint or
similar surface treatment.
(M) Harzdr~ails urzd Guards. Every handrail and guard shall be installed and
maintained per section SA.204F.
(I~ Window, Skylight and Door Frames. Every window, skylight, door and
frame shall be kept in sound condition, good repair and weather tight.
(O) Glazing. All glazing materials shall be maintained free from cracks and
holes. Glazing that is replaced shall be replaced with safety glazing where required by
the State Building Code.
(P) Openable Windows. Every window, other than a fixed window, shall be
easily openable and capable of being held in position by window hardware. Openable
windows located in whole or in part within 6 feet (1828 nun) above ground level or a
walking surface below, that provide access to a dwelling unit, rooming unit or
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housekeeping unit that is rented, leased or let shall be equipped with window sash
locking devices.
(Q) Insect Screens. During the period from May 1 to September 30, every
openable window and other outside openings required for ventilation shall be supplied
with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25
mm). Screens shall be maintained tight fitting and free of tears or holes. Screens shall not
be required where other approved means, such as air curtains or insect repellent fans, are
employed. Window units that have a permanent screen as part of the window unit are
required to maintain the screen year round.
(R) Doors. All exterior doors, door assemblies and hardware shall be
maintained in good working condition. Doors shall be maintained free of defects, holes,
or damage, shall fit reasonably well within its frame, shall be capable of being easily
opened and closed, and shall. be properly and securely attached to jambs, headers or
tracks as intended by the manufacturer of the attachment hardware. Locks at all en-
trances to dwelling units, rooming units and guestrooms shall tightly secure the door.
Locks on means of egress doors shall be in accordance with the State Building Code and
State Fire Code. All rated interior and exterior doors and assemblies, per the Minnesota
State Building Code and Minnesota State Fire code, shall be maintained at the intended
rating. Doors and assemblies that need to be replaced due to damage or deterioration
shall be replaced with doors and assemblies that meet the intended rating.
(S) Basement Hatchways. Every basement hatchway shall be maintained to
prevent the entrance of rodents, rain and surface drainage water. Basement hatchways
that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented,
leased or let shall be equipped with devices that secure the units from unauthorized entry.
(T) Guac•ds for Basement Windows. Every basement window that is openable
shall be supplied with rodent shields, storm windows, screens or other approved
protection against the entry of rodents.
(U) Bcilding Security. Doors, windows or hatchways for dwelling units,
rooming units or housekeeping units shall be provided with devices designed to provide
security for the occupants and property within. Doors providing access to a dwelling
unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with
a deadbolt lock meeting specifications set forth herein. Such deadbolt locks shall have a
lock throw of not less than 1-inch. For the purpose of this section, a sliding bolt shall not
be considered an acceptable deadbolt lock. Such deadbolt locks shall be installed
according to manufacturer's specifications and maintained in good working order. All
deadbolt locks required by this section shall be designed and installed in such a manner
so as to be operable inside of the dwelling unit, rooming unit or housekeeping unit only
by the turning of a knob or a lever and without the use of a key, tool, combination thereof
or any other special knowledge or effort.
In buildings of four or more dwelling units, rooming units or housekeeping units that are
rented, leased or let and where access to the individual dwelling units are gained through
a common corridor or building entrance, an approved security system to control access
shall be installed and maintained. The security system shall consist of locked building
entrance or foyer doors. Dead-latch type door locks shall be provided with releasable
lever knobs (or doorknobs) on the inside of building entrance doors and with key
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cylinders on the outside of the building entrance doors. Building entrance door-latches
shall be of the type that is permanently locked. A communication system or device such
as an intercom, telephone, audible bell or buzzer or other approved means of making
contact with the individual dwelling unit tenants must be provided and maintained.
§ SA.204 INTERIOR STRUCTURE.
(A) GeiTeral. The interior of a structure and equipment therein shall be
maintained in good repair, structurally sound and in a sanitary condition. Occupants shall
keep that part of the structure, which they occupy or control, in a clean and sanitary
condition. Every owner of a structure containing a rooming house, housekeeping units, a
hotel, a dormitory, two or more dwelling units or nonresidential occupancies, shall
maintain, in a clean and sanitary condition, the shared or public areas of the structure and
exterior property.
(B) Structural Mefnbers. All structural members shall be maintained
structurally sound, and be capable of supporting the imposed loads.
(C) Interior Surfaces. All interior surfaces, including windows and doors, shall
be maintained in good, clean, sanitary and weatherproofed condition. Peeling, chipping,
flaking or abraded paint or other surface coverings shall be repaired, removed or covered.
Cracked or loose plaster, holes, decayed wood and other damaged or defective surface
conditions shall be corrected. Interior surfaces may not be covered wholly or partially by
toxic paint or materials with a lasting toxic effect. All interior surfaces shall be protected
against the passage and harborage of vermin and rodents. Interior surfaces that are part
of a fire rated assembly shall be maintained to the intended rating. Mold shall be
removed from all surfaces and sub-surfaces. The cause of the mold shall be found and
abated to prevent reoccurrence. Standing water and water damage shall be investigated
to find and abate the source. Surfaces that are wet and/or damaged from water shall be
thoroughly dried, cleaned or replaced.
(D) Stairs and Walking Surfaces. Every stair, ramp, landing, balcony, porch,
deck or other walking surface shall be maintained in sound condition, free of hazards, and
in good repair. 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 shall have handrails which
conform to the standards set forth in the Minnesota State Building Code. Every porch,
balcony or deck which is more than 30 inches high shall have a guardrail installed and
maintained to Section SA.205(F). 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 surfaces and supports.
The treads and risers of every flight of stairs, except spiral or winding stairways, shall be
essentially uniform in width and height.
(E) Interior Doors. Interior doors shall be maintained free of defects, holes, or
damage. Every interior door shall fit reasonably well within its frame and shall be
capable of being opened and closed by being properly and securely attached to jambs,
headers or tracks as intended by the manufacturer of the attachment hardware. Door
hardware shall be maintained in working condition.
(F) Gi~~ards and Handrails. Every handrail and guard shall be firmly fastened
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and capable of supporting normally imposed loads and shall be maintained in good
condition. Handrails and guards shall be installed and maintained to the requirements of
the Minnesota State Building Code and Minnesota State Fire Code.
(G) Pets. Interior of structures where animals are allowed to roam, including
cages, caged areas, and litter boxes shall be maintained free of an accumulation of animal
waste that may cause an odor that could affect the health of the animal and residents and
adversely affect adjoining spaces or dwelling units.
§ SA.205 RUBBISH, GARBAGE, RECYCLING, and COMPOSTING.
(A) Accumaclatiorz of Rubbish or Garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation of rubbish or
garbage.
(B) Disposal of Rztibbish. Every occupant of a structure shall dispose of all
rubbish in a clean and sanitary manner as established by City Code. Rubbish, garbage,
recycling, yard waste, and appliances shall not be placed on the curb line more than 24
hours prior to scheduled collection or be left on the curb line more than 24 hours after
scheduled collection.
(C) Rubbish, Garbage, Recycling, and Composting. Rubbish, garbage,
recycling, yard waste, and composting shall be regulated in accordance with Chapter 8,
Article III of the Columbia Heights City Code, which is incorporated herein by reference.
Exposure of unused refrigerators or containers to children shall meet the requirements of
MN Statute 609.675.
(D) Container Storage. The storage of garbage and recycling, and their
containers, is not allowed in any public area inside of structures unless specifically
allowed by the Minnesota State Building Code and the Minnesota State Fire Code.
(E) Screening. All 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. Screening shall consist of any combination of 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 opacity
year-round.
§ SA?06 OCCUPANCY LIMLTATIONS.
(A) Occupancy limitations for all non-residential properties shall be
deternined by the type of occupancy and the occupant load limits set by the Minnesota
State Building Code and Minnesota State Fire Code.
(B) Permissible occupancy of rental dwelling unit. The maximum permissible
occupancy of any legal or legal non-conforming rental dwelling unit at the time this code
is adopted shall be determined as follows:
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(1) For the first occupant, 150 square feet of habitable room floor
space and for every additional occupant thereof, at least 100 square feet of habitable
room floor space.
(C) The minimum permissible square footage of any new rental property,
initially licensed after the adoption of this code, shall meet the minimum requirements of
Section 9.106(D) of City Code.
(D) In no event shall the total number of occupants exceed two times the number
of bedrooms, in the rental dwelling unit.
(E) In no event shall an occupant be allowed to sleep in a basement, or shall a
bed, in a usable position, be present in a basement unless the space, through the City
permit process, meets all requirements of the Minnesota State Building Code for use as a
bedroom.
(F) 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. Family is defined in Section 9.103 of City Code.
§ SA.207 LIGHT.
(A) Non-residential Occupancies. Lighting shall be installed and maintained
to the requirements of the Minnesota State Building Code and City Code.
(B) Residential Occupancies. Every habitable space shall have at least one
window of approved size facing directly to the outdoors or to a court. The minimum total
glazed area for every habitable space shall be 8 percent of the floor area of such room.
Wherever walls or other portions of a structure face a window of any room and such
obstructions are located less than 3 feet (914 mm) from the window and extend to a level
above that of the ceiling of the room, such window shall not be deemed to face directly to
the outdoors nor to a court and shall not be included as contributing to the required
minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas
is provided through an adjoining room, the unobstructed opening to the adjoining
room shall be at least 8 percent of the floor area of the interior room or space, but
not less than 25 square feet (2.33 m'). The exterior glazing area shall be based on
the total floor area being served.
(C) Common Halls and Stairways. Every conunon hall and stairway in
residential occupancies, other than in one- and two-family dwellings, shall be lighted at
all times. Where natural light is not sufficient, common halls and stairways are to be
lighted with at least a 60-watt standard incandescent light bulb for each 200 square feet
(19 m') of floor area or equivalent illumination, provided that the spacing between lights
shall not be greater than 30 feet (9144 mm). A minimum of 1 footcandle (11 lux) shall
be provided on the exterior pathway from the structure to the parking areas and garages.
In other than residential occupancies, means of egress, including exterior means of egress
stairways shall be illuminated at all times the building space served by the means of
egress is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads.
(D) Otlzer Spaces. All other spaces shall be provided with natural or artificial
light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy
of the space and utilization of the appliances, equipment and fixtures.
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§ 5A.208 VENTILATION.
(A) Habitable Spaces. Every habitable space shall have at least one openable
window, The total openable area of the window in every room shall be equal to at least
45 percent of the minimum glazed area required in Section SA.207(B).
Exception: Where rooms and spaces without openings to the outdoors are
ventilated through an adjoining room, the unobstructed opening to the adjoining
room shall be at least 8 percent of the floor area of the-interior room or space, but
not less than 25 square feet (2.33 m'-). The ventilation openings to the outdoors
shall be based on a total floor area being ventilated.
(B) Norzhabitable Spaces. Laundry rooms, utility rooms, or other
nonhabitable rooms 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.
(C) Bathf-ooms and Toilet Rooms. Every bathroom and toilet room shall
comply with the ventilation requirements for habitable spaces as required by Section
SA.208(A), except that a window shall not be required in such spaces equipped with a
mechanical ventilation system. Air exhausted by a mechanical ventilation system from a
bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.
(D) Cooki~ag Facilities. Ventilation of cooking facilities shall meet the
requirements of the Minnesota State Building Code. Unless approved through the certifi-
cate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit,
and a cooking facility or appliance shall not be permitted to be present in a rooming unit
or dormitory unit unless specifically approved in writing by the code official.
(E) Process Ventilation. Where injurious, toxic, irritating or noxious fumes,
gases, dusts or mists are generated, a local exhaust ventilation system, meeting the
requirements of the Minnesota State Building Code, shall be provided to remove the con-
taminating agent at the source. Air shall be exhausted to the exterior and not be
recirculated to any space.
(F) Clothes Dryer Exhaust. Clothes dryer exhaust systems shall be
independent of all other systems and shall be exhausted in accordance with the
manufacturer's instructions and the Minnesota State Building Code.
§ SA.2O9 PLUMBING.
(A) General. All plumbing fixtures shall be properly installed and maintained
in working order, and shall be kept free from obstructions, leaks and defects and be
capable of performing the function for which such plumbing fixtures are designed. All
plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
(B) Mininucm Requi~°ements. Each dwelling unit must contain:
a. A kitchen sink.
b. A counter or table for food preparation, cabinets and/or shelves
for storage or eating, drinking, cooking equipment and utensils,
and of food that does not require refrigeration for safekeeping
that shall be of sound construction covered with surfaces that
are easily cleanable and that will not impart any toxic or
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deleterious effect to food.
c. 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. A nonhabitable room which is equipped with a flush water
closet in compliance with the Minnesota State Building Code.
Such room shall have an entrance door which affords privacy.
Said flush water closet shall be equipped with easily cleanable
surfaces.
e. 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. Said lavatory sink shall be equipped with easily
cleanable surfaces.
f. 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. Said bathtub or shower
shall be equipped with easily cleanable surfaces.
(C) Fixture Clearances. Plumbing fixtures shall have adequate clearances for
usage and cleaning.
(D) Pltrrnbing System Hazards. Where it is found that a plumbing system in a
structure constitutes a hazard to the occupants or the structure by reason of inadequate
service, inadequate venting, cross connection, backsiphonage, improper installation,
deterioration or damage or for similar reasons, the code official shall require the defects
to be corrected to eliminate the hazard. If at any time the waste side of the plumbing
system backs up into a structure, thereby causing an unsanitary condition, the cause of the
back up shall be investigated and abated. All surfaces and items contaminated shall be
removed or cleaned and sterilized. The Building Official shall give final approval prior
to occupancy of the contaminated space.
(E) Water. Every sink, lavatory, bathtub or shower, drinking fountain, water
closet or other plumbing fixture shall be properly connected to a public water system. All
kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with
hot or tempered and cold running water in accordance with the Minnesota State Building
Code.
(F) Contamination. The water supply shall be maintained free from
contamination, and all water inlets for plumbing fixtures shall be located above the flood-
level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or
faucets to which hoses are attached and left in place, shall be protected by an approved
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atmospheric-type vacuum breaker or an approved permanently attached hose connection
vacuum breaker.
(G) Supply. The water supply system shall be installed and maintained to
provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient
volume and at pressures adequate to enable the fixtures to function properly, safely, and
free from defects and leaks
(H) Water Heati~zg Facilities. Water heating facilities shall be properly
installed, maintained and capable of providing an adequate amount of water to be drawn
at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of
not less than 110°F (43°C). Agas-burning water heater shall not be located in any
bathroom, toilet room, bedroom or other occupied room normally kept closed, unless
adequate combustion air is provided per the Minnesota State Building Code. An
approved combination temperature and pressure-relief valve and relief valve discharge
pipe shall be properly installed and maintained on water heaters.
(I) Sewer. All plumbing fixtures shall be properly connected to a public
sewer system.
(J) Maintenance. Every plumbing stack, vent, waste, storm water pipes, and
sewer lines shall function properly and be kept free from obstructions, leaks and defects.
(K)Storm Drainage. Drainage of roofs and paved areas, yards and courts, and
other open areas on the premises shall not be discharged in a manner that creates a public
nuisance.
5A.2I0 HEATING AND MECHANICAL.
(A) Heating Facilities Required. Heating facilities shall be provided in
structures as required by this section.
(B} Non-Residential Occupancies. All occupiable indoor workspaces shall be
provided with heating facilities as required by the Minnesota State building Code.
(C) Residential Occupancies. Dwellings shall be provided with heating
facilities capable of maintaining a room temperature of 68 degrees F. in all habitable
rooms, bathrooms and toilet rooms. Cooking or water heating appliances shall not be
used to provide space heating to meet the requirements 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 section.
(D) Heat Supply. Every owner and operator of any building who rents, leases
or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either
expressed or implied, to furnish heat to the occupants thereof shall supply heat during the
period from September 15 to May 15 to maintain a temperature of not less than 68
degrees F. in all habitable rooms, bathrooms, and toilet rooms. When the outdoor
temperature is below the winter outdoor design temperature for the locality, maintenance
of the minimum room temperature shall not be required provided that the heating system
is operating at its full design capacity.
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(E) Roorn temperature measarrement. The required room temperatures shall be
measured 3 feet above the floor level and 3 feet from exterior walls.
(F) Mechanical Appliances. All mechanical appliances, fireplaces, solid fuel-
burning appliances, cooking appliances and water heating appliances shall be properly
installed and maintained in a safe working condition, and shall be capable of performing
the intended function.
(G) Removal of Combustion Products. All fuel-burning equipment and
appliances shall be connected to an approved chimney or vent unless the fuel-burning
equipment and appliances are labeled for unvented operation.
(H) Clearances. All required clearances to combustible materials shall be
maintained.
(I) Safety Controls. All safety controls for fuel-burning equipment shall be
maintained in effective operation.
(J) Combustion Air. A supply of air for complete combustion of the fuel and
for ventilation of the space containing the fuel-burning equipment shall be provided for
the fuel-burning equipment.
(K) Energy Conser7~ation Devices. Devices intended to reduce fuel
consumption by attachment to afuel-burning appliance, to the fuel supply line thereto, or
to the vent outlet or vent piping therefore, shall not be installed unless labeled for such
purpose and the installation is specifically approved by the Building Official.
§ SA.2I1 ELECTRICAL.
(A) Facilities Required. Every occupied building shall be provided with an
electrical system in compliance with the requirements of this section.
(B) Service. The size and usage of appliances and equipment shall serve as a
basis for determining the need for additional facilities in accordance with the Minnesota
State Building Code. As a minimum, existing dwelling units shall be served by a three-
wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 am-
peres.
(C) Electrical System Hazards. Where it is found that the electrical system in a
structure constitutes a hazard to the occupants or the structure by reason of inadequate
service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or
installation, deterioration or damage, or for similar reasons, the code official shall require
the defects to be corrected to eliminate the hazard.
(D) Equipment. All electrical equipment, wiring and appliances shall be
installed and maintained to the Minnesota State Building Code.
(E) Receptacles. Every habitable space in a dwelling shall contain at least two
separate and remote receptacle outlets. Every kitchen and laundry area shall contain at
least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter.
Every water closet compartment and bathroom shall contain at least one receptacle with
ground fault circuit interrupter protection.
(F) Lighting Fixtures. Every interior stairway, toilet room, kitchen, bathroom,
laundry room, boiler room, furnace room and public hall, shall contain at least one
electric lighting fixture.
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(G} Elevators, Dcimbwaiters and Escalators. Elevators, dumbwaiters and
escalators shall be maintained to sustain safely all imposed loads, to operate properly, and
to be free from physical and fire hazards. The most current certificate of inspection shall
be on display at ail times within the elevator or attached to the escalator or dumbwaiter;
or the certificate shall be available for public inspection in the office of the building
operator. In buildings equipped with passenger elevators, at least one elevator shall be
maintained in operation at ail times when the building is occupied. Buildings equipped
with only one elevator shall be permitted to have the elevator temporarily out of service
for testing or servicing.
(H) Duct Systems. Duct systems shall be maintained in a clean condition, free
of obstructions and shall be capable of performing the required function.
SA.212 FIRE SAFETY.
(A) Scope. The provisions of the Minnesota State Fire Code and Minnesota
State Building Code incorporated herein by reference, and City Code shall govern the
minimum conditions and standards for fire safety relating to all premises.
(B) Systems. All systems, devices and equipment to detect a fire, actuate an
alarm, or suppress or control a fire or any combination thereof shall be installed and
maintained in an operable condition at all times in accordance with the Minnesota State
Fire Code.
(C} Smoke Alarms. Smoke alarms in dwellings, apartment houses, hotels, and
lodging houses shall be installed and maintained to the requirements of State Statute
299F.362.
(D) Carbon Monoxide Alarms. Minnesota Statute 299F.50 requires approved
carbon monoxide (CO) alarms in all single-family homes and multifamily apartment
units with effective dates as follows.
1. All new construction single-family homes and multi-family
dwellings where building permits were issued on or after January 1,
2007.
2. All existing single-family homes effective August 1, 2008.
3. All existing multi-family or apartment dwelling units effective August
1, 2009.
(E) Car°bon Monoxide Alarm Requirements. The installation, maintenance,
duties and exceptions for carbon monoxide alarms shall be as required by State Statute
299F.50 and 299F.51.
(F) Storage. All storage in mechanical, utility, boiler, fire suppression and
laundry rooms shall. conform to the requirements of the Minnesota State Fire Code for all
non-residential properties and all residential properties of three or more dwelling units.
In occupancies that have separate storage rooms, storage shall be maintained in an
orderly manner with aisle ways to all parts of the room. Where storage lockers are
provided no storage is allowed outside of the lockers and the lockers are required to be
locked at all times. In one and two family dwellings storage shall be maintained in an
orderly manner with a minimum 36- inch clearance from all fuel burning and electrical
appliances.
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(G) Hazardous storage. Hazardous items such as, but not limited to, tires,
flammable gas/liquid containers, power equipment with fuel, and explosives are not
allowed to be stored in residential occupancies that are let for occupancy. Storage of
these types of items in non-residential occupancies shall meet the requirements of the
Minnesota State Fire Code.
(H) Exterzsiora cords. The use of extension cords and multi-plug type of
adapters shall meet the requirements of the Minnesota State Fire Code.
~1 T'ICI.E III. INS ECT~ AN ENF ITT
Section
SA.30I Enforcement and inspection authority
SA.302 Inspection access
SA.303 Inspections
SA.304 Compliance order
SA.305 Posting to prevent occupancy
SA.306 Right of appeal
SA.307 Board of Appeals
§ SA.301 ENFORCEMENT AND INSPECTION AUTHORITY.
The City Manager and his designated agents shall be the Property Maintenance
Enforcement Officer who shall administer and enforce the provisions of the chapter.
Inspections shall be conducted during reasonable hours, and, upon request the Property
Maintenance Enforcement Officer shall present evidence of his official capacity to the
owner, occupant or person in charge of a dwelling unit sought to be inspected.
~ SA.302 INSPECTION ACCESS.
If an owner, occupant or other person in charge of a premises fails or refuses to
permit free access and entry to the structure or premises, or any part thereof, for an
inspection authorized by this article, the Property Maintenance Enforcement Officer may,
upon a showing that probable cause exists for the inspection or for the issuance of an
order directing compliance with the inspection requirements of this section with respect
to such premises, petition and obtain an order to inspect and/or search warrant from a
court of competent jurisdiction.
5A.303 INSPECTIONS.
Premises shall be inspected in accordance with the City's "Property Maintenance
Inspection Policy,"
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§ SA.30-1 COMPLIANCE ORDER.
(A) Whenever the Property Maintenance Enforcement Officer determines that
any premises fails to meet the provisions of this chapter, he may issue a compliance order
setting forth the violations of the chapter and ordering the owner, occupant, operator, or
agent to correct such violations. The compliance order shall:
(1) Be in writing;
(2) Describe the location and nature of the violations of this code;
(3) Establish a reasonable time, per the Property Maintenance
Inspection Policy, for the correction of such violation;
(4) Advise the person to whom the notice is directed of the right to
appeal; and
(5) Be served upon the owner, 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:
(a) Served upon them personally;
(b) Sent by mail to the address given in the most recent
occupancy license application on file;
(c) Sent by mail to their last known address; or
(d) Upon failure to effect notice through subdivisions (a) thru
(c) as set out in this section, posted at a conspicuous place in or about the premises which
is affected by the notice.
(B) Upon correction of all Property Maintenance Code violations as set forth
in the compliance order, the Property Maintenance Enforcement Officer shall, upon
request of the owner or landlord, occupant, operator or agent issue a written statement
that all violations have been corrected in accordance with the property maintenance code.
§ SA.305 POSTING TO PREVENT OCCUPANCY.
The Property Maintenance Enforcement Officer may post any building, structure
or premises covered by this article as being in direct violation of the chapter 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 45 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
Property Maintenance 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.
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§ SA.306 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 chapter or upon a
misstatement or mistake of fact, such person may appeal.
§ SA.307 BOARD OF APPEALS.
Any person directly affected by a decision of the code official or a notice or order
issued under this code shall have the right to appeal to the Board of Appeals, provided
that a written application for appeal is filed within the time given, on the original
violation notice, for the correction of violations. An application for appeal shall be based
on a claim that the true intent of this code or the rules legally adopted there under have
been incorrectly interpreted, the provisions of this code do not fully apply, or the
requirements of this code are adequately satisfied by other means.
If proper application is made and fees paid, a hearing will be scheduled with the
Board of Appeals.
All hearings before the Board shall be open to the public. The appellant, the
appellant's representative, the code official and any person whose interests are affected
shall be properly notified of the public hearing and shall be given an opportunity to be
heard.
Appeals of notice and orders (other than Imminent Danger notices) shall stay the
enforcement of the notice and order until the appeal is heard by the appeals board.
A T ALE IV. ~~~.1 CY L~~~ 1~1+G
Section
SA.401 License required
SA.402 License procedures
SA.403 Application and inspection
SA.404 Issuance of rental housing license
SA.405 License display
SA.406 License transfer
SA.407 License renewal
SA.408 Suspension or revocation
SA.409 License fees
SA.410 Conduct on licensed premises
SA.411 Background checks
§ SA.401 OCCUPANCY LICENSE REQUIRED.
No person, firm, government agency or corporation shall own a premises that is
rented, leased, let, or used for any type of occupancy in the city without having first
obtained an Occupancy License (license) as hereinafter provided and outlined in the
Property Maintenance Inspection Policy. Each such licensee shall register annually with
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the Cityo If the license is denied, no occupancy of a premises, then vacant or which
become vacant, is permitted until a license has been issued. Apartment units within an
unlicensed aparhnent building for which a license application has been made and which
units are in compliance with this chapter 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.
Exception: Owner occupied single-family home occupancies.
§ 5A.402 OCCUPANCY LICENSE PROCEDURES.
(A) Thirty days after the passage of this chapter, the owner of any premises
within the city not previously licensed, or, the owner of any premises whose license
expires subsequent to said thirty days shall apply to the Property Maintenance
Enforcement Officer for an occupancy license in the manner hereafter prescribed.
(B) 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 a
premises constructed after the date of passage of this chapter shall obtain a license prior
to actual occupancy of the premises.
(C) Applicants shall provide requested information on license applications
which may include, but is not limited to:
(l) Name and address of owner of the premises. The owner must
identify a designated property manager responsible for operation
and maintenance of each licensed property. The owner may be the
designated property manager.
(2) If the property is owned by a corporation, the name and address of
a corporate officer is required. The property address or a P.O. box
cannot be used to fulfill this requirement.
(3) The name and address of the vendee if the property is being sold in
a contract for deed.
(4) The address of the property to be licensed.
(5) In residential property the number of dwelling units, and the
number of bedrooms in each dwelling unit. In non-residential
property the square footage of the building (if wholly used by one
occupant), or the square footage of the individual tenant spaces.
(6) The number of paved off-street parking spaces available.
(7) Name and address of person to whom. owner/applicant wishes a
letters/notices to be sent for purposes of § SA.304(A).
(8) All owners of a premises shall provide contact information for the
owner and property manager, including telephone access numbers
to be used in emergency situations and emergency maintenance
and repair. The owner must provide the city with any contact
information changes occun-ing within the license period. This
requirement shall be a condition precedent to the issuance of any
occupancy license.
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(9) Such other information as the administrative service shall require.
The information may include, but is not limited to tenant lists
which include tenant's name, unit, and identifying information (i.e.,
date of birth and driver's license number}.
(10) The owner must submit verification that the Crime Free/Drug Free
and Disorderly Use language required by section SA.4l 0 is
contained in the licensed properly tenant lease or leases.
(D) Failure to complete, in full, the required license application shall be
grounds for denial of the license.
(E) Dwellings for hire where 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 are eligible for a family exemption per the Property Maintenance Code
Inspection Policy.
~ SA.403 APPLLCATION AND INSPECTION.
When. required in accordance with the City's "Property Maintenance Inspection
Policy" the Property Maintenance 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 an occupancy license.
§ SA.404 ISSUANCE OF OCCUPANCY LICENSE.
If the premises is in compliance with the requirements of the code, a license shall
be issued to the present owner, occupant or agent and shall state that the structure/space
has been inspected and is in compliance with the requirements of the code. If the city
finds that the circumstances of occupancy following the issuance of the license involve
an occupancy change, complaint, possible code violations, substandard maintenance or
abnormal wear and tear, the city may again inspect the premises during the licensing
period.
§ SA.405 OCCUPANCY LICENSE DISPLAY.
A license issued under this chapter may be conspicuously displayed on the
premises wherever feasible. The licensee shall promptly produce the license upon
demand of a prospective tenant, current tenant or the Property Maintenance Enforcement
Officer or his authorized representative.
§ SA.406 OCCUPANCY LICENSE TRANSFER.
The license is transferable upon application to the Property Maintenance
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
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renewal or application. for transfer is not made within 30 days after transfer of ownership
of the premises. The amount of the transfer fee shall be set by Resolution of the Council.
It shall be unlawful for the owner of any premises who has received a compliance
order or upon whom a notice of violation has been served to sell, transfer, mortgage,
lease or otherwise dispose of such premises to another until the provisions of the
compliance order or notice of violation have been complied with, or until such owner
shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any
compliance order or notice of violation issued by the code official and shall furnish to the
code official a signed and notarized statement from the grantee, transferee, mortgagee or
lessee, acknowledging the receipt of such compliance order or notice of violation and
fully accepting the responsibility without condition for making the corrections or repairs
required by such compliance order or notice of violation.
SA.407 OCCUPANCY LICENSE RENEWAL.
(A) All occupancy licenses shall be effective for a period of one year.
However, renewal of licenses, as required annually by this code, may be made by:
(1) Completing the renewal application furnished to the owner,
operator, or agent of the premises, by the Properly Maintenance Enforcement Officer;
(2) Mailing the renewal application and the required fees to the
Property Maintenance Enforcement Officer; and
(3) Successful completion of the Property Maintenance Code
inspection as required by § SA.303.
(B) 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 premises
has occurred in the last licensing year.
§ SA.408 SUSPENSION OR REVOCATION.
(A) 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 or revoked license shall be accompanied by a fee in an
amount set by Council Resolution. Issuance of a new license after suspension or
revocation shall be made in the manner provided for obtaining an initial license.
(B) 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:
(1) The City, through its Property Maintenance 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.
(2) 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.
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(3) The Property Maintenance 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.
(C) 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.
(D) 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.
(E) Any person or owner who has had an interest in two (2) or more licenses
revoked pursuant to this code shall be ineligible to hold or have an interest in an
occupancy license for a period of five (5) years.
§ SA.409 LICENSE FEES.
License fees, license transfer fees, license reinstatement fees, inspection fees and
reinspection fees shall be established by Council Resolution.
§ SA.410 CONDUCT ON LICENSED PREMISES/CRIME FREE/DRUG FREE
AND DISORDERLY USE LEASE REQUIREMENTS.
(A) All residential tenant leases, except for state licensed residential facilities
and subject to all preemptory state and federal laws, shall contain the following Crime
Free/Drug Free and Disorderly Use language:
(1) Crime Free/Drug Free
(a) Resident, any members of the resident's household or a
guest or other person affiliated with resident shall not engage in criminal activity,
including drug-related criminal activity, on or near the premises.
(b) Resident, any member of the resident's household or a
guest or other person affiliated with resident shall not engage in any act intended to
facilitate criminal activity, including drug-related criminal activity, on or near the
premises.
(c) Resident or members of the household will not permit the
dwelling unit to be used for, or to facilitate criminal activity, including drug-related
criminal activity, regardless of whether the individual engaging in such activity is a
member of the household, or a guest.
(d) Resident, any member of the resident's household or a
guest, or other person affiliated with the resident shall not engage in the unlawful
manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any
locations, whether on or near the premises or otherwise.
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(e) Violation of any one of the above provisions shall be a
material and irreparable violation of the lease and good cause for immediate termination
of tenancy.
(2) Disorderly Use
(a) Resident, members of the resident's household, guests, or
other persons under the resident's control shall not engage in the following Disorderly
Use activities: violations of state law relating to alcoholic beverages, trespassing or
disorderly conduct; and violations of the Columbia Heights City Code relating to
prohibited noise.
(b) Three disorderly use violations involving the same tenancy
within a continuous twelve month period shall be a substantial and material violation of
the lease and good cause for termination of the tenancy.
(3) Definitions
(a) The term "criminal activity" means prostitution, gambling,
maintaining or conducting a disorderly house, unlawful possession, transportation, sale or
use of a weapon, domestic assault, delinquency of a minor, criminal street gang activity,
threatening, intimidating or assaultive behavior, the unlawful discharge of firearms, or
any other criminal activity on or near the premises that jeopardizes the health, safety and
welfare of the landlord, his agent, other resident, neighbor or other third party, or
involving imminent or actual serious property damage.
(b) The term "drug related criminal activity" means the illegal
manufacture, sale, distribution, use or possession with intent to manufacture, sell,
distribute, or use of a controlled substance or any substance represented to be drugs (as
defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]).
(4) Non-Exclusive Remedies.
(a) The Crime Free/Drug Free and Disorderly Use provisions
are in addition to all other terms of the lease and do not limit or replace any other
provisions.
(B) These lease provisions shall be incorporated into every new lease for a
tenancy beginning January 1, 2008 and all renewed leases by January 1, 2009.
(C) Upon. determination by the Police Department that a licensed premises or
unit within a licensed premises was used in violation of the Crime Free/Drug Free
provisions of Subsection (A) (1) herein, the Police Department shall cause notice to be
made to the owner and property manager of the violation. The owner or property
manager shall notify the tenant or tenants within ten days of the notice of violation of the
Crime Free/Drug Free lease language and proceed with termination of the tenancy of all
tenants occupying the unit. The owner shall not enter into a new lease for a unit located
in the licensed property with an evicted tenant for a period of one year after the eviction.
(D) Upon determination by the Police Department that a licensed premises or
unit within a licensed premises was used for Disorderly Use activities as set forth in
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Subsection (A)(2) herein, the Police Department shall cause notice to be made to the
owner and property manager of the violation and direct the owner and property manager
to take steps to prevent further Disorderly Use violations.
(E) If a second Disorderly Use violation as determined by the Police
Department occurs within a continuous twelve month period involving the same tenancy,
the Police Department shall cause notice to be made to the owner and property manager
of the second violation. The owner or property manager shall respond in writing within
ten (10) days of receipt of the notice with an action plan to prevent further Disorderly Use
violations.
(F) If a third Disorderly Use violation as determined by the Police Department
occurs within a continuous twelve month period involving the same tenancy, the Police
Department shall cause notice to be made to the owner and property manager of the third
violation. The owner or property manager shall notify the tenant or tenants within ten
days of the Notice of Disorderly Use violation of the Crime Free/Drug Free lease
language within the lease and proceed with termination of the tenancy of all tenants
occupying the unit. The owner shall not enter into a new lease for a unit located in the
licensed property with an evicted tenant for a period of one year after the eviction.
(G) The provisions of Subsections (c), (d), (e) and (f) herein do not apply if the
determination that the premises have been used in violation of the Crime Free/Drug Free
provisions of Subsections (A)(1) and (A)(2) herein originates from a call from or at the
request of one or more tenants occupying the premises for police or emergency
assistance, or in the case of domestic abuse, from a call for assistance from any source.
The term "domestic abuse" has the meaning given in Minn. Stat. §518B.01, subd. 2.
(H) If the licensee fails to comply with. the requirements of 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 Department in the
manner described in SA.408.
§ SA.4ll BACKGR®UND CHECKS.
For the protection of local residents, property owners, tenants, and the overall
public safety of the community, the Police Department is hereby authorized to conduct
Minnesota criminal history checks for the purpose of screening potential tenants of real
property, subject to the following conditions:
(A) A request is made by the properly owner/landlord in writing;
(B) A signed consent form from the subject of the check is received by the
Police Department;
(C) Authorization is received from the subject of the check to release said
information to the property owner/landlord;
(D) The purpose and use of said information is solely for assisting in the
screening of potential tenants.
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A 7'I~I,E ENE ES
Section
SA.501
SA.502
SA.503
SA.504
SA.505
SA.506
Hazardous building declaration
Secure unfit and vacated dwellings
Demolition
Failure to comply
Remedies cumulative
Cost recovery
§ SA.501 HAZARDOUS BUILDING DECLARATION.
In the event that a premises has been declared unfit for human habitation and the
owner/tenant has not remedied the effects within a prescribed reasonable time, the
premises may be declared hazardous and treated in accordance with the provisions of
Minnesota Statutes.
(A) Unsafe structccres. An unsafe structure is one that is found to be dangerous
to the life, health, property or safety of the public or the occupants of the structure by not
providing minimum safeguards to protect or warn occupants in the event of fire, or
because such structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe or of such faulty construction or unstable foundation, that partial or
complete collapse is possible.
(B) Unsafe equipment. Unsafe equipment includes any boiler, heating
equipment, elevator, moving stairway, electrical wiring or device, flammable liquid
containers or other equipment on the premises or within the structure which is in such
disrepair or condition that such equipment is a hazard to life, health, property or safety of
the public or occupants of the premises or structure;
(C) Strz~cctccre unfit for hucnan occupancy. A structure is unfit for human
occupancy whenever the code official finds that such structure is unsafe, unlawful or,
because of the degree to which the structure is in disrepair or lacks maintenance, is
unsanitary, contains a large accumulation of storage or debris which causes a dangerous
increase to the fire load and prevents the normal use of equipment within the structure,
vermin infested, contains filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required by this code, or
because the location of the structure constitutes a hazard to the occupants of the structure
or to the public.
(D) Unlawficl stracctccre. An unlawful structure is one found in whole or in part
to be occupied by more persons than permitted under this code, or was erected, altered or
occupied contrary to City Code.
§ 5A.502 SECURE UNFIT AND VACATED STRUCTURES.
(A) Closing of vacant strccctures. If the structure is vacant and unfit for human
habitation and occupancy, and is not in danger of structural collapse, the code official is
authorized to post a placard of condemnation on the premises and notify the owner, to
order the structure closed up so as not to constitute a public nuisance. Upon failure of the
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owner to close up the premises within the time specified in the order, the code official
shall cause the premises to be closed and secured through any available public agency or
by contract or arrangement by private persons. Cost to close and secure structures shall
be charged against the real estate upon which the structure is located and shall be a lien
upon such real estate.
(B) Notice. Whenever the code official has condemned a structure or
equipment under the provisions of this section, notice shall be posted in a conspicuous
place in or about the structure affected by such notice and served on the owner or the
person or persons responsible for the structure or equipment.
(C) Placa~°ding. Upon failure of the owner or person responsible to comply
with the notice provisions within the time given, the code official shall post on the
premises or on defective equipment a placard condemning the structure or equipment and
a statement of the penalties provided for occupying the premises, operating the
equipment or removing the placard.
(D) Placard r-enzoval. The code official shall remove the condemnation
placard whenever the defect or defects upon which the condemnation and placarding
action were based have been eliminated. Any person who defaces or removes a
condemnation placard without the approval of the code official shall be subject to the
penalties provided by this code.
(E) Prohibited occupancy. Any occupied structure condemned and placarded
by the code official shall be vacated as ordered by the code official. Any person who
shall occupy a placarded premises or shall operate placarded equipment, and any owner
or any person responsible for the premises who shall let anyone occupy a placarded
premises or operate placarded equipment shall be liable for the penalties provided by this
code.
§ 5A.503 DEMOLITION.
The demolition of hazardous structures shall be in accordance with Minnesota
State Statute 463.00.
§ 5A.50.1 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 M.S.
Chapter 429, as it may be amended from time to time, 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
unless a different payment schedule is authorized by Council Resolution. 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.
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~ 5A.S05 REMEDIES CUMULATIVE.
Any remedies pursued under §§ SA.501 to SA.503, are in addition to the remedies
or penalties prescribed under §§ SA.601 to SA.602.
SA.506 COST RECOVERY.
(A) The Council hereby authorizes the assessment of unpaid fees, fines,
charges or expenses authorized by the Property Maintenance Code pursuant to the
provisions of the Columbia Heights City Charter.
(B) The Clerk shall establish a separate improvement fund for the
administration of Property Maintenance Code charges. The costs related to the Property
Maintenance Code shall be certified annually by the Property Maintenance Enforcement
Officer to the Clerk for billing, including a statement describing the land, lots, or parcels
involved and the amount chargeable to each.
(C) 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.
(E) 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.
Section
SA.601 Violations
SA.602 Penalty
§ 5A.601 VIOLATIONS.
(A) No person, firm, corporation, or licensee shall own and maintain or
operate or rent to any other person for occupancy any premises, or any part of a premises,
which is in violation of Chapter SA, Article II (§§ SA.201 et seq.), maintenance standard.
(B) No person, firm or corporation shall operate a premises without a license
issued pursuant to this chapter or accept payments from a tenant of any unlicensed
premises which payment is for occupancy for a period during which the premises is not
licensed pursuant to this chapter.
(C) No person, fiim, corporation or licensee shall refuse or fail to allow the
Property Maintenance Enforcement Officer to enter a premises pursuant to an
administrative search warrant for the purposes of inspection when authorized by this
chapter.
(D) No person, firm, corporation or licensee shall fail or refuse to obey a
compliance order validly issued under this code.
(E) No person, fiim or corporation shall give or submit false information on a
license application or any renewal thereof.
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(F) No person who is an occupant of an occupancy shall cause the premises
on which an occupancy is located to become in violation of any of the maintenance
standards set forth in Chapter SA, Article II (§§ SA.201 et seq.), normal wear and tear
excepted.
(G) No person shall occupy a premises if such premises is required to be
licensed under this chapter.
(H) No person may occupy a premises posted pursuant to § SA.304.
(I) 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.
~ SA.602 PENALTY.
Any person, firm or corporation who violates or refuses to comply with any of the
provisions of this chapter is guilty of a misdemeanor, unless herein specifically noted.
Each day that a violation exists shall constitute a separate offense.
This ordinance shall be in full force and effect from and after thirty (30) days after its
passage.
First Reading: October 22, 2007
Second Reading:
Date of Passage:
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz CMC
City Clerk
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CITY COUNCIL LETTER
Meeting of October 22, 2007
AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman BY:
Revocation
DATE: October 12, 2007 DATE:
NO: 07-215 to 07-220
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against rental properties at
2007-215 - 4801 Grand Avenue
2007-216 - 4337 University Avenue
2007-217 - 1020 44`h Avenue
2007-218 - 4915 5`" Street
2007-219 - 4727 Heights Drive
2007-220 - 3817 Hayes St
for failure to meet the requirements of the Residential Maintenance Codes.
RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of
Resolution Numbers 2007-215, 2007-216, 2007-217, 2007-218, 2007-219, 2007-220 there
being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution Numbers 2007-215, 2007-216,
2007-217, 2007-218, 2007-21.9, 2007-220, being a Resolution of the City Council of the City
of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV,
Section SA.408(A) of the rental licenses listed.
COUNCIL ACTION:
135
RESOLUTION 2007-215
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential
rental license held by New Heights Development. (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4801 Grand Avenue
N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on October 2, 2007 of an public hearing to be held on October
22, 2007.
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 September 5, 2007, inspection office staff sent a letter requesting the new
owner of the property to license the rental property. The letter was mailed by regular
mail to the owner at the address listed in the property records.
2. That on October 2, 2007, inspection office staff reviewed the property file and noted
that the property remained unlicensed. A Statement of Cause was mailed by regular
mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Failure to submit a rental license application.
b. Failure to schedule a rental license inspection.
4. 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, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
The rental license belonging to the License Holder described herein and identified by
license number U4801 is hereby revoked;
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;
All tenants shall 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.
136
Passed this day of 200'7
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
137
RESOLUTION 2007-216
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential
rental license held by Ramona Hotchkiss (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4337 University
Avenue N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on October 5, 2007 of an public hearing to be held on October
22, 2007.
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
That on August 15, 2007, inspection office staff sent a letter requesting the owner of
the property to renew the rental license for this property. The letter was mailed by
regular mail to the owner at the address listed in the property records.
That on October 5, 2007, inspection office staff reviewed the property file and noted
that the property remained unlicensed. A Statement of Cause was mailed by regular
mail to the owner at the address listed in the property records.
That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wn:
a. Failure to submit a rental license application and relicensing fee
4. 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, Chapter SA, Article III SA.306 and SA.303(A}.
ORDER OF COUNCIL
The rental license belonging to the License Holder described herein and identified by
license number F7999 is hereby revoked;
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;
All tenants shall 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.
138
Passed this day of 2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
139
RESOLUTION 2007-217
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential
rental license held by Leslie Lindquist (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 1020 44`h Avenue
N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on September 27, 2007 of an public hearing to be held on
October 22, 2007.
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 July 12, 2007, inspectors for the City of Columbia Heights, inspected the
property described above and noted eleven violations. A compliance letter listing the
violations was mailed by regular mail to the owner at the address listed on the Rental
Housing License Application.
2. That on August 23, 2007, inspectors for the City of Columbia Heights, reinspected
the property and noted eleven violations remained uncorrected. A statement of cause
was mailed via regular mail to the owner at the address listed on the rental housing
license application.
3. That on August 29, 2007 the owner of the property applied for and received athirty-
day extension to make corrections.
4. That on September 27, 2007, inspectors for the City of Columbia Heights, performed
a final inspection at the property and noted eleven violations remained uncorrected.
A statement of cause was mailed via regular mail to the owner at the address listed
on the rental housing license application.
5. That on October 12, 2007 inspectors for the City of Columbia Heights performed a
reinspection and noted that ten violations remained uncorrected.
6. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Shall have a license electrician repair the electrical service in the house so the
whole house has working, safe electrical service. Shall refrain from
disconnecting tenant's power.
b. Shall replace the missing closet door in the southwest bedroom.
c. Shall replace the missing smoke detector in the basement hallway.
d. Shall replace the missing smoke detector in the southwest basement
bedroom.
e. Shall replace the missing ceiling tiles in the southeast basement bedroom
closet.
140
f Shall repair or replaces the missing screen door on the rear of the house.
g. Shall replace the missing screens on the south window of the southwest,
upstairs bedroom window.
h. Shall replace missing storm window and screen on the west window of the
living room.
i. Shall remove all/any outside storage from the property.
j. Failure to submit a rental license application.
k. Failure to schedule a rental license inspection.
7. 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, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F7940 is hereby revoked.
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 shall 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 2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Cierk
141
RESOLUTION 2007-218
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential
rental license held by John Krebsbach Jr. (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real properly located at 4915 5`h Street
N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on September 27, 2007 of an public hearing to be held on
October 22, 2007.
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 September 10, 2007, inspection office staff sent a letter requesting the new
owner of the property to license the rental property. The letter was mailed by regular
mail to the owner at the address listed in the property records.
2. That on September 27, 2007, inspection office staff reviewed the property file and
noted that the property remained unlicensed. A Statement of Cause was mailed by
regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Failure to submit a rental license application.
b. Failure to schedule a rental license inspection.
4. 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, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
The rental license belonging to the License Holder described herein and identified by
license number U4915 is hereby revoked;
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 shall 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.
142
Passed this day of 2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
143
RESOLUTION 2007-219
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential
rental license held by Bradley Ross (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4727 Heights Drive
N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on October 8, 2007 of an public hearing to be held on October
22, 2007.
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 September 20, 2007, inspection office staff sent a letter requesting the new
owner of the property to license the rental property. The letter was mailed by regular
mail to the owner at the address listed in the property records.
2. That on October 8, 2007, inspection office staff reviewed the property file and noted
that the property remained unlicensed. A Statement of Cause was mailed by regular
mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Failure to submit a rental license application.
b. Failure to schedule a rental license inspection.
4. That ail 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, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
The rental license belonging to the License Holder described herein and identified by
license number U4727 is hereby revoked;
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;
All tenants shall 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.
144
Passed this day of 2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
145
RESOLUTION 2007-220
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential
rental license held by Joe Rutter (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 3817 Hayes Street
N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on September 27, 2007 of an public hearing to be held on
October 22, 2007.
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 March 29, 2007, inspectors for the City of Columbia Heights, inspected the
property described above and noted one violation. A compliance letter listing the
violations was mailed by regular mail to the owner at the address listed on the Rental
Housing License Application.
2. That on May 10, 2007, May 24, 2007, and August 31, 2007 the owner of the property
applied for and received athirty-day extension to make corrections.
3. That on September 27, 2007, inspectors for the City of Columbia Heights, performed
a final inspection at the property and noted one violation remained uncorrected. A
statement of cause was mailed via regular mail to the owner at the address listed on
the rental housing license application.
4. That on October 12, 2007 inspectors for the City of Columbia Heights performed a
reinspection and noted that one violation remained uncorrected.
5. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Shall repair the potholes on the driveway.
6. 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, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F8297 is hereby revoked.
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.
146
3 o All tenants shall 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 2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
147
CITY COUNCIL LETTER
Meeting of October 22, 2007
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman BY:
Abatement
DATE: October 12, 2007 DATE:
NO: 2007-208 to 2007-213
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested regarding property at;
2007-208 - 5034 6`h Street
2007-209 - 4436 Monroe St
2007-210 - 1316-18 Circle Terrace Blvd
2007-211 - 4315 Main St
2007-212 - 4425 Washington St
2007-213 - 4415 Madison St
2007-221 - 5020 Washington St
for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution Numbers 2007-208, 2007-209, 2007-210, 2007-211, 2007-212,
2007-213, 2007-221 there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution Numbers 2007-208, 2007-
209, 2007-210, 2007-211, 2007-212, 2007-213, 2007-221 a resolution of the City
Council of the City of Columbia Heights declaring the properties listed a nuisance
and approving the abatement of violations from the properly pursuant to City Code
section 8.206.
COUNCIL ACTION:
148
RESOLUTION 2007-208
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Tanya Hippe (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 5034 6th Street N.E.
Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on September 26, 2007
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 September 11, 2007 an inspection was conducted on the property listed above.
Inspectors found one violation. A compliance order was sent via regular mail to the owner at
the address.
2. That on September 26, 2007 inspectors re-inspected the property listed above. Inspectors
noted that one violation remained uncorrected. A compliance order and statement of cause
was mailed via certified and regular mail to the owner listed in the property records.
3. That on October 1 1, 2007 inspectors reinspected the property and found that one violation
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall remove alUany outside storage from the property. DRYER IN FRONT YARD
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
That the property located at 5034 6th Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
149
ORDER OF COUNCIL
1. The property located at 5034 6`'' Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
150
RESOLUTION 2007-209
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Gregory Foesch (Hereinafter "Owner of Record"}.
Whereas, the owner of record is the legal owner of the real property located at 4436 Monroe Street
N.E. Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on September 26, 2007
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 21, 2007 an inspection was conducted on the property listed above.
Inspectors found four violations. A compliance order was sent via regular mail to the owner
at the address.
2. That on September 26, 2007 inspectors re-inspected the property listed above. Inspectors
noted that four violations remained uncorrected. A compliance order and statement of cause
was mailed via certified and regular mail to the owner listed in the property records.
3. That on October 11, 2007 inspectors reinspected the property and found that four violations
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall scrape and paint the garage where peeling
B. Shall replace the missing roof shingles on the north side
C. Shall repair the service door on the garage where it is rotting
D. Shall scrape and paint the garage door
That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(8).
CONCLUSIONS OF COUNCIL
l . That the property located at 4436 Monroe Sheet N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
151
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4436 Monroe Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
152
RESOLUTION 2007-210
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Michael Fortier (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 1316-1318 Circle
Terrace Boulevard N.E., Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on September 26, 2007.
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 24, 2007 the Police Department was dispatched to Circle Terrace Boulevard
N.E. after receiving information that there was outside storage in the front of the numerous
houses on the block.
2. That on August 24, 2007 the Police Department attempted to contact all property owners
with storage.
3. That on September 26, 2007 Police Department personnel returned to 1316-1318 Circle
Terrace Boulevard and noted that the outside storage had not been removed. The CSO
removed the item and brought it to the City's recycling center.
4. That based upon said records of the Police Department, the following conditions and
violations of City Codes(s) were found to exist and have been abated, to wit:
A. Outside storage on the property. A computer monitor was removed and brought to
City of Columbia Heights recycling center.
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 1316-1318 Circle Terrace Boulevard N.E. is in violation of the
provisions of the Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
153
ORDER OF COUNCIL
1. The property located at 1316-1318 Circle Terrace Boulevard N.E. constitutes a nuisance
pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and. parties in interest.
Passed this day of 2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
154
RESOLUTION 2007-211
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Mitzie Hunter (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4315 Main Street
N.E. Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 3, 2007
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 28, 2007 an inspection was conducted on the property listed above.
Inspectors found two violations. A compliance order was sent via regular mail to the owner
at the address.
2. That on October 3, 2007 inspectors re-inspected the property listed above. Inspectors noted
that two violations remained uncorrected. A compliance order and statement of cause was
mailed via certified and regular mail to the owner listed in the property records.
3. That on October 12, 2007 inspectors reinspected the property and found that two violations
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall repair the front of the garage that is smashed in.
B. Shall repair the front storm door that is damaged.
5. That all parties, including the owner of record and any occupants or tenants, have been given.
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4315 Main Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
155
ORDER OF COUNCIL
1. The property located at 4315 Main Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
156
RESOLUTION 2007-212
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Weils Fargo Bank N. A. (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4425 Washington
Street N.E. Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on September 25, 2007
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 29, 2007 an inspection was conducted on the property listed above.
Inspectors found one violation. A compliance order was sent via regular mail to the owner at
the address.
2. That on September 25, 2007 inspectors re-inspected the property listed above. Inspectors
noted that one violation remained uncorrected. A compliance order and statement of cause
was mailed via certified and regular mail to the owner listed in the property records.
3. That on October 10, 2007 inspectors reinspected the property and found that one violation
remained uncorerected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall repair or replace the fascia/soffit on the garage where it is deteriorated.
That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4425 Washington Street N.E. is in violation of the provisions of
the Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
157
ORDER OF COUNCIL
1. The property located at 4425 Washington Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
158
RESOLUTION 2007-213
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Great Northern Financial Group (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4415 Madison Street
N.E. Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on September 26, 2007
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 21, 2007 an inspection was conducted on the property listed above.
Inspectors found four violations. A compliance order was sent via regular mail to the owner
at the address.
2. That on September 26, 2007 inspectors re-inspected the property listed above. Inspectors
noted that four violations remained uncorrected. A compliance order and statement of cause
was mailed via certified and regular mail to the owner listed in the property records.
3. That on October 1 1, 2007 inspectors reinspected the property and found that four violations
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall scrape and paint the garage where peeling
B. Shall. replace the missing roof shingles on the north side
C. Shall repair the service door on the garage where it is rotting
D. Shall scrape and paint the garage door
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4415 Madison Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
159
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4415 Madison Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
160
RESOLUTION 2007-221
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Lilliethor LLC(Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 5020 Washington
Street N.E., Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on October 18, 2007.
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 October 18, 2007 the Fire Department was dispatched to 5020 Washington Street
N.E. for a structure on fire. Afire was extinguished in a large shed in the back yard. The
shed has sustained major structural damaged from the resulting fire. The Fire Chief ordered
the structure be removed due to its unsafe condition.
2. That on October 18, 2007 the Fire Department mailed via regular mail notice of immediate
abatement. The owner was also contacted by phone and informed of the fire and resulting
structural damage.
3. That on October 19, 2007 a contractor hired by the City of Columbia Heights Fire
Department removed the shed structure.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist and have been abated, to wit:
A. Structurally unsafe shed building that has been extensively damaged by fire.
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 5020 Washington Street N.E. is in violation of the provisions of
the Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
161
ORDER OF COUNCIL
1. The property located at 5020 Washington Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
162
PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE
OCTOBER 22, 2007 MEETING.
REMOVE -RECOMMENDED MOTION: Move to adopt Resolution Number 2007-
217 being a Resolution of the City Council of the City of Columbia Heights
approving revocation pursuant to City Code, Chapter 5A, Article IV, Section
5A.408(A) of the rental license held by Leslie Lindquist regarding rental property at
1020 44t" Avenue N.E.
REMOVE -RECOMMENDED MOTION: Move to adopt Resolution Number 2007-
220, being a Resolution of the City Council of the City of Columbia Heights
approving revocation pursuant to City Code, Chapter 5A, Article IV, Section
5A.408(A) of the rental license held by Joesph Rutter regarding rental property at
3817 Hayes Street N.E.
o ~
RESOLUTION 2007-213
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Great Northern Financial Group (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4415 Madison Street
N.E. Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on September 26, 2007
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 21, 2007 an inspection was conducted on the property listed above.
Inspectors found four violations. A compliance order was sent via regular mail to the owner
at the address.
2. That on September 26, 2007 inspectors re-inspected the property listed above. Inspectors
noted that four violations remained uncorrected. A compliance order and statement of cause
was mailed via certified and regular mail to the owner listed in the property records.
3. That on October 11, 2007 inspectors reinspected the property and found that four violations
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall remove the dead tree branches in the back yard
B. Shall remove the cable wire that is in the back yard
C. Shall remove the brush pile by the alley
D. Shall repair the rotting trim on the house
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
That the properly located at 4415 Madison Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
The property located at 4415 Madison Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk