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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. 8 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. 10 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. 11 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. 12 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. 13 City Council Minutes 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, 14 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. 15 City Council Minutes 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. 16 City Council Minutes 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 17 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 C ~ 5 t ((( I ~ To Be lined _~ 515T I ____ ~ _ E I z F 0 W 5o u2 LL W ___. ».MH i8 50TH _ .~~~ `__. MH 22 X23 -- E I . ' MH 26 491/2 -P1fN~5'A w O a z 0 s 49TH z o a N _Z 1 ~ z 0 MH 16 ~ 4 MH 27 48TH -"~." MH""74 j MH 28 1~ 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 -1- 77 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). -2- ~s 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. -3- 79 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 -4- so § 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 -5- 81 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 -6- s2 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. -7- 83 (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 -8- 84 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. -9- 85 (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 -10- 86 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 -11- s7 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. -12- sa (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 -13- 89 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 -14- 90 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) -15- 91 § 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) -16- 92 ~ 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 -17- 93 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) -18- 94 § 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 -19- 95 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 -20- 96 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, -21- 97 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 -22- 98 § 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. - 23 - 99 (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. -24- 100 (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) -2~- 101 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 -26- 102 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. -27- 103 § 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 - 28 - 104 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. -29- 105 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. -30- 106 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. -31- 107 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 -32- 108 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. -33- 109 (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 -34- 110 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. -35- 111 (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 -36- 112 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 -37- 113 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 -38- 114 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: -39- 115 (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. -40- 116 § 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 -41- 117 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 -42- 118 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. - 43 - 119 (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. -44- 120 (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. - 45 - 121 (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," -46- 122 § 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. -47- 123 § 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 -48- 124 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. -49- 125 (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 -50- 126 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. Sl - 127 (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. -52- 128 (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 -53- 129 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. -54- 130 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 -55- 131 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. -56- 132 ~ 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. -57- 133 (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 -58- 134 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