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HomeMy WebLinkAbout05/09/11 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, MAY 9, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, May 9, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Senior Pastor Rev. Ruth Hograbe, Community United Methodist Church gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Sclunitt PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to remove items E, F, and I under the Consent Agenda for discussion. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Metropolitan Council member Lona Schreiber introduced herself stating that she represents District II: Anoka County cities of Columbia Heights, Fridley, Hilltop, and Spring Lake Park, and Hennepin County cities of Brooklyn Park, Brooklyn Center, Osseo, and Robbinsdale on the Council. She listed her background and service. Schreiber stated that she is one of the 15 new members on the Met Council. Schreiber stated that she serves on the Transportation and Environmental Services committees and reviews Comprehensive Plans. She referred to their budget and indicated that only nine percent comes from property taxes. Schreiber gave a handout on the Metropolitan Council's activities, goals, and upcoming improvements. She referred to transit safety and water issues, including phosphorus pollution. Columbia Heights has accessed the Livable Communities Fund. Schreiber referred to possible State cuts to transit funding. There will be redistricting in 2012. Nawrocki commented that he has known Ms. Schreiber since she was a legislator and knows her genuine concerns for the citizens. She will do an excellent job as our representative. Peterson stated that we look forward to working with Ms. Schreiber. Announcements by Mayor Peterson: • Community Prayer Breakfast — Wednesday, May 11, 2001 — 7:00 a.m. to 8:45 at Murzyn Hall - $20. The theme is to honor our service men and women, • Sister City fundraiser at the Heights Theater — A Song To Remember — Sunday, May 15, 2011,2:OOp.m. -$10. • St. Timothy's Lutheran Church monthly free Community Dinner — second Tuesday of the month 5:30 — 6:30 p.m. The next dinner will be on May 10. • National Stamp Out Hunger Letter Carriers food drive, Saturday, May 14, 2011. Place canned or non - perishable food items by your letter box before the carrier arrives. Nawrocki reported on the NorthStar Corridor meeting held last week. There are ridership increases, but cost subsidies are about $20 for each rider. The Twins games draw ridership. Discussion included how to increase ridership at the Fridley station. They will give free passes in some areas. Nawrocki suggested they put information in our newsletter. Diehm asked if the $20 subsidy is based on the fact that the trains are not full, and if the subsidy goes down as ridership increases. Nawrocki stated yes. It is the cost of the service, minus ridership fees. City Council Minutes Monday, May 09, 2011 Page 2 of 12 Nawrocki referred to his "being cut off when speaking ". All five Council members are entitled to their own opinion. He referred to our debt service for the liquor stores, public safety building, and Murzyn Hall. It is important to keep these obligations in mind when adding expenses. Peterson spoke- of the fundraiser held last Sunday for injured Marine Derek Goodrich. He stated that Columbia Heights supports their people. There was a silent auction, food, and entertainment. He commended Lori Ross and Jeffs Bobby and Steve's for their organization of the event. Everything was donated and over $27,600 was raised for this Marine. Peterson thanked everyone that donated to or volunteered at the event. CONSENT AGENDA City Manager Walt Fehst took Council member through the remaining Consent Agenda items. A. Approve City Council meeting minutes Motion to approve the tabled City Council meeting minutes of April 11, 2011. Motion to approve the City Council meeting minutes of April 25, 2011. Motion to approve the continued Board of Equalization meeting minutes of April 25, 2011. B. Accept Board and Commission meeting minutes Motion to accept the February 22, 2011 minutes of the EDA. Motion to accept the April 4, 2011 minutes of the EDA. Motion to accept the January 25. 2011 minutes of the HRA. Motion to accept the January 11, 2011 minutes of the Planning & Zoning Commission. Motion to accept the April 5, 2011 minutes of the Planning & Zoning Commission. Motion to accept the May 3. 2011 minutes of the Planning & Zoning Commission. Motion to accept the April 6. 2011 minutes of the Library Board. C. Adopt Resolution 2011 -31, being a Resolution regarding the 2011 -2012 LELS Labor Agreement- Sergeants Motion to waive the reading of the resolution, there being ample copies available to the public. Motion to adopt Resolution 2011 -31, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 342, Police Sergeants, effective January 1, 2011 - December 31, 2012. D. Accept bids and award contract for Library replacement of rooftop units Motion to accept the bids and award a contract to NAC Mechanical and Electrical Services in the amount of $20,663 and add alternate 1 in the amount of $780, for a total contract award of $21,443; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Nawrocki questioned where funds for the add -on would come from. Becky Loader, Library Director, stated it will come from money that was set aside in fund 411 for doors that will not be replaced this year. There will also be an energy rebate of about $1,500 and yearly energy savings. E. 37th and Central Development Agreement - removed F. Approve development of a new City Website - removed G. Approval of the attached list of rental housing licenses. City Council Minutes Monday, May 09, 2011 Page 3 of 12 Motion to approve the items listed for rental housing license applications for May 9, 2011 . in that they have met the requirements of the Property Maintenance Code. H. Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 9, 2011 as presented. I. Approve payment of the bills Motion by Williams, second by Schmitt, to approve the Consent Agenda items with the exception of items E, F, I. Upon vote: All ayes. Motion carried. E. 37th and Central Development Agreement Scott Clark, Community Development Director, stated that in June of 2008 the City Council and the EDA entered into an agreement with Central LLC. Lots were purchased and put together for a strip shopping center. This project is no longer viable. The developer has worked with the EDA to come up with the right proposal to meet the city's standards and guidelines. We have amended the agreement to a 7,600 sq. ft. retail facility to house O'Reilly Auto Parts. This will be reviewed by Planning and Zoning Commission. The agreement includes an extension to October 1, 2011. It was voted on unanimously at the last EDA meeting. Nawrocki indicated neighbor's concerns about noise and dust from the unpaved lot. He would like to see the dates moved up to take care of this issue. Williams stated that a couple of years ago we turned down a development because it was auto related. Now with current economic conditions, we feel it is best to move forward. Clark stated that this business is moving from a leased space to purchase a space in our community. Motion by Williams, second by Schmitt, to approve the Amended and Restated Contract for Private Redevelopment by and between the Columbia Heights Economic Development Authority and the City of Columbia Heights and 37th and Central LLC dated May 2, 2011. Upon vote: All ayes. Motion carried. F. Approve development of a new City website Nawrocki stated that this was not budgeted at the beginning of the year and is being added. There was a lot of time spent on this, but the present system is working fine. Diehm indicated her support of this project. Our web site is behind the times and it is becoming more common to get city information from our web site. This will provide many things like calendars, handouts, and future registration for park activities. Each department will update their services. Williams stated that one of the most important things brought up in the discussion about a new web site, was the fact that people look at our city web site to see what kind of a city we have when they consider moving here. It is the new information age. Williams stated he would support the vote to encourage people to move here. Schmitt stated this site would show those outside of the city what we have to offer. A future plan for the web site includes streaming City Council meetings. Many residents no longer have access to view the meetings without the free Comcast service. City Council Minutes Monday, May 09, 2011 Page 4 of 12 Motion by Diehm, second by Williams, to authorize the Mayor and City Manager to enter into an agreement with CivicPlus for the development of a new city website and provide ongoing supportive services, based on their proposal of March 16, 2011. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Motion by Diehm, second by Williams, to appropriate $35,000 in the Cable TV fund to cover the first year expenses of developing a new city website. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. I. Approve payment of the bills Nawrocki questioned check #138859 to EDS Builders and asked if this payment was in addition to the original work done at the Public Service building. Fehst stated that they continue to monitor items that have issues at the building, such as the heating system. The original agreement did contain wording for this. Motion by Diehm, second by Williams, to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check number 138794 through 138967 in the amount of $1,468,196.17. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. First Reading of Ordinance No. 1600, being an Ordinance Pertaining to Chapter 8, Sections 75 through 86, Local Improvements and Special Assessments and Ordinance No. 1601, being an Ordinance Pertaining to Chapter 6. Section 56, Purchases and Contracts Jim Hoeft, City Attorney, stated the Charter Commission has been going through the Charter to make it a more comprehensive document and bring items up to date. This ordinance refers to the City's local improvement and special assessment projects. This is referred to as a statutory override. However, the City can have its own means of doing special assessments. The Charter Commission decided it would be prudent to give the Council, in the Charter, the authority to do local improvements and special assessments as it relates to existing State Statutes. This does not refer to the specific 429 Statute, in case that number would change. Nawrocki stated that he asked to receive a copy of Statute 429, but has not received it. Our Charter offers some protection to the community for them to receive information on assessments. Hoeft stated that Statute 429 is what the City has been following. Nawrocki stated he thought we were following the Charter. Hoeft stated that the Charter mimics the Statute verbatim. Motion by Williams, second by Diehm, to waive the reading of the Ordinance Nos. 1600 and 1601, there being ample copies available to the public. Motion by Nawrocki to table the first reading of Ordinance No. 1600 to the next regular meeting. Peterson called for a second. Schmitt questioned why he wanted this tabled. Nawrocki indicated that he wants a copy of State Statute 429. Diehm stated there would be a second reading of this at the next regular meeting and he can receive the information prior to that meeting. Motion died for lack of a second. Vote on the original motion: All ayes. Motion carried. City Council Minutes Monday, May 09, 201 1 Page 5of12 Motion by Williams, second by Diehm, to schedule the second reading of Ordinance No. 1600, being an ordinance amending Chapter 8, Sections 75 through 86, of the Charter of the City of Columbia Heights to May 23, 2011 in the Council Chambers at approximately 7:00 p.m. Nawrocki stated that he wants a copy of the Statute and that he has never heard of it before. Hoeft stated that it is referenced in improvement hearing documentation. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to schedule the second reading of Ordinance No. 1601, being an ordinance amending Chapter 6, Section 56 of the Charter of the City of Columbia Heights to May 23, 2011 in the Council Chambers at approximately 7:00 p.m. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Adopt Ordinance No. 1596, Amending Chapter 4, Section 28A. Pertaining to the Primary Election; Ordinance No. 1597, Amending Chapter 4, Section 33, Pertaining to Canvas of Elections; and Ordinance No. 1598, Amending Chapter 7. Section 70, Pertaining to Taxation and Finance (Receipts Go to the City Treasurer) Motion by Diehm, second by Williams, to waive the reading of Ordinance Nos. 1596, 1597, and 1598, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Ordinance No. 1596, being an ordinance amending Chapter 4, Section 28A, of the Charter of the City of Columbia Heights pertaining to the Primary Election. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Ordinance No. 1597, being an ordinance amending Chapter 4, Section 33, of the Charter of the City of Columbia Heights pertaining to Canvas of Elections. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Ordinance No. 1598, being an ordinance amending Chapter 7, Section 70 of the Charter of the City of Columbia Heights pertaining to Taxation and Finance (Receipts to go to City Treasurer). Upon vote: All ayes. Motion carried. 2) Adopt Ordinance No. 1590 pertaining to weed removal, Ordinance No. 1591 pertaining to public nuisance, and Ordinance No. 1592 pertaining to property maintenance. Motion by Williams, second by Diehm, to waive the reading of Ordinance No. 1590, Ordinance No. 1591, and Ordinance No. 1592, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehin, to adopt Ordinance No. 1590, being an ordinance amending Ordinance No. 1490 City Code of 2005, regarding weed removal. Nawrocki questioned what constitutes a public nuisance. Fire Chief Gary Gorman stated there was a resolution passed that declares public nuisances. He listed some examples. There is also a public nuisance section in the City Code. Nawrocki requested a copy of the public nuisances. He questioned if this includes garbage and screening. Gorman indicated that was discussed, but is not part of this ordinance. Nawrocki questioned if screening requirements would include City Hall. Gorman stated it would. Nawrocki questioned requirements for criminal background City Council Minutes Monday, May 09, 2011 Page 6 of 12 checks for apartment owners. Hoeft indicated that the background check shows criminal history, convictions, and offenses. Nawrocki asked if this precludes them from renting. Hoeft stated the check is so owners are aware if there is a history and does not stop them from renting to the person. Nawrocki stated that our police department will no longer do criminal history checks and questioned the cost of the check. Hoeft stated this check can be done on the county's computers through the MINSA State record system, which is a free service. Diehm indicated that the motion on table is for the weed ordinance. Schmitt questioned page 163 — item C, if the violation stays with the property rather than the owner. Gorman stated that it stays with the property and explained the procedure for chronic violations. Schmitt questioned if the new owners are notified. Gorman indicated the process to locate the new owners, but sometimes the information has not caught up with the system. Schmitt asked if this eliminates the notice by mail. Gorman stated it will not; we want to be able to post the property as the legal notice. Schmitt stated she requested statistic information, which she received and relayed. Gorman stated the frustration is people waiting for us to post their property before they will consider cutting their grass. Diehm indicated that in the rare instance a fee is imposed incorrectly, the property owner can come to us and explain the situation. Anything to make the process go faster is good, so neighbors do not have to put up with tall grass. Gorman explained the process of title companies doing special assessment searches. They are responsible if the special assessment is not disclosed. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Ordinance No. 1591, being an ordinance amending Ordinance No. 1490 City Code of 2005, regarding public nuisance. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Ordinance No. 1592, being an ordinance amending Ordinance No. 1490 City Code of 2005, regarding property maintenance. Upon vote: All ayes. Motion carried. B. Bid Considerations - none C. New Business and Reports - none ADMINISTRATIVE REPORTS Report of the City Manager — nothing to report Nawrocki referred to discussion at the last meeting regarding Auto World auctions and indicated he would like to see a written agreement to move the location or reduce the traffic and parking problems. Fehst stated that the owner was present and will work with the police and neighbors to relieve parking congestion. Report of the City Attorney — nothing to report. CITIZENS FORUM Rose Rivers, 4224 Jefferson, indicated her pleasure that the city is getting a new web site. They went City Council Minutes Monday, May OV,2O|| Page 7 of 12 to the site when they looked to move here and could not get the inforrnation they wanted and had to call the city. Rivers stated that she came to speak on her support for the community garden at 4235 Washington. 14 neighbors are in favor and 1 person opposes it. She indicated her belief iu strong comrnunity support and involvernent and indicated her desire to be involved in the comrnunity garden again this year. Rivers spoke of cooperation and good deeds done by her neighbors. This is her way to give back to her community. She reminded everyone that the voices that speak the loudest are not the voices of everyone. Nu*rockistated that he had conversations with the wonian next door opposed to the garden. This year planter boxes will be used. There is concern to keep the ground cover maintained on the rest ofthe lot. Rivers indicated that some people do not help, they only complain. More people are in favor 0f this project than oppose it. Peterson stated that before this garden was put in, the lot was rugged and full ofrocks. That is why elevated garden boxes will be put in place. It is not a park. We are pleased to see the neighborhood will give this a go for another year. ADJOURNMENT Peterson rerninded everyone that the month of May is service men and women appreciation month. If you see them. shake their hand and thank thern for their service, This will culminate with a Memorial Day service at l l:30 a.m. on May 30, 2001 at City Hall sponsored by VFW Post 230. Peterson asked everyone to rernember our service men and women. Don't take yourself too seriously and do a random act ofkindness. Peterson adjourned the rneeting at 8:25 p.m. / — } -�-_ Patricia Muscovir(CMC Ch} Clerk ( `~ RESOLUTION 2011-31 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 342, POLICE SERGEANTS VVREKEA8, negotiations have proceeded between the Law Enforcement Labor Services, Local 342, representing Police Sergeants ofthe City, and members ofthe City negotiating team, and said negotiations have resulted in a mutuaily acceptable contract for calendar years 2011 and 2012. WHEREAS, changes to the current contract are attached, and a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereofby reference; N8VV, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe beneflt prograrn for calendar years 2011 and 2012 for LELS, Local 342-Police Sergeants, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agr emenu. ORDINANCE NO. 1596 BEING AN ORDINANCE AMENDING CHAPTER 4, SECTION 28A OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEJGHTS PERTAINING TO THE PRIMARY ELECTION The City ofColumbia Heights does ordain: Section 1: Chapter 4, Section 28A, of the Charter of the City of Columbia Heights is herewith amended to read• City Council Minutes Monday, May 09, 2011 Page 8 of 12 Section 28a. THE PRIMARY ELECTION. A primary municipal election shall be held on the date established by Minnesota State Law of any year in which a municipal general election is to be held for the purpose of electing officers, at the same place or places as general elections are held and like officers shall preside at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election. The candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number of vacancies to be filled, and no other name shall be placed upon the ballot for such general election than the candidates selected at said primary election. When not more than twice the number of individuals to be elected to a municipal office file for nomination to any municipal office, no primary shall be held, and the names of those having filed shall be placed on the municipal general election ballot as the nominee for that office. Any person desiring to become a candidate for an elective office in the general municipal election shall file with the city clerk at least fifty -six days prior to but not more than seventy days prior to said primary municipal election an affidavit of such candidacy as set forth in Minnesota Statutes 204B.06, subd. 1, and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the officers to be nominated, by posting a notice thereof in at least three of the most public places in each election district in the city or by publication of a notice thereof at least once in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate such election. (Ordinance No. 1300, passed April 10, 1995) Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. ORDINANCE NO. 1597 BEING AN ORDINANCE AMENDING CHAPTER 4, SECTION 33, OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO CANVAS OF ELECTIONS The City of Columbia Heights does ordain: Section 1: Chapter 4. Section 33, of the Charter of the City of Columbia Heights is herewith amended to read: Section 33. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within seven days after any regular or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were elected; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of the fact of their election. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. ORDINANCE NO. 1598 BEING AN ORDINANCE AMENDING CHAPTER 7, SECTION 70, OF THE CITY CHARTER PERTAINING TO TAXATION AND FINANCE The City of Columbia Heights does ordain: Section 1: Chapter 7, Section 70, of the Charter of the City of Columbia Heights is herewith amended to read: Section 70. RECEIPTS TO GO TO CITY TREASURER. All receipts of money belonging to the city, or any branch thereof, excepting only those funds collected by the county treasurer, shall be paid into the city treasurer by the person authorized to receive the same at the close of each business day. All such monies, and also all monies received upon tax settlements from the county treasurer, shall be deposited as soon as received in the bank or banks approved by the city council. (Ordinance No. 1086, passed June 11, 1984) Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. ORDINANCE NO. 1590 BEING AN ORDINANCE PERTAINING TO WEED REMOVAL The City of Columbia Heights does ordain: Chapter 4, Article II, Section 3 (4.203) Is Herewith Amended to Read As Follows: § 4.203 WEED REMOVAL City Council Minutes Monday, May 09, 2011 Page 9 of 12 (A) The weed inspector or delegated assistant may inspect all premises and places within the city for the presence of weeds, as defined below: WEEDS. As used in this code shall include: (a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled weed growth, which have gone or are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from tinge to time. (c) Any tall weeds or grass growing upon any lot or parcel of land in the city to a height greater than nine inches. The weed inspector may grant exceptions for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses and other such areas that are a part of an orderly landscape design. (d) Such other vegetation as the Council shall, from time to time. designate by resolution. (B) The weed inspector or delegated assistant shall notify the affected property owner that weeds which are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. Such notice may be posted on the property, served personally, or may be served by mail. (1) The notification shall require abatement of the weeds, or other prescribed action, within four days from the date of notice. (2) The notification shall state that the city will take appropriate remedial action to eradicate or control the weeds upon expiration of said four days, with a charge to the property owner /property for costs. (C) For properties for which there have been one or more notices issued within the prior 12 -month period, compliance with division (B) shall not be required. For those properties, the first notice issued within a 12 -month period shall contain a general notice that the city may abate future violations without providing additional specific notice of the violation. (D) The weed inspector, delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; or on private property, upon expiration of the prescribed notice to the owner. (E) For the purpose of this section, the following definition shall apply. OWNER. The person who is listed as the contact person on any current rental licensing application on file with the city, if any, or if none, the person listed as owner by the County Assessor on the homestead record, or if none, the taxpayer as shown by the records of the County Assessor. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. ORDINANCE NO. 1591 BEING AN ORDINANCE PERTAINING TO PUBLIC NUISANCE The City of Columbia Heights does ordain: Chapter 8, Article 11, Section 6 (8.206) Is herewith amended to read as follows: § 8.206 ABATEMENT (A) Notice. (1) Except for those cases determined by the city to require immediate abatement, written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; and notice of City Council order shall be served on the owner of record and any occupant of the premises either in person or by mail. (2) If the premise is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (B) Procedure. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists within the city, the officer shall provide notice thereof, and that such nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice as provided herein, and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order the nuisance be abated. (C) Emergency abatement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in subdivisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order an emergency abatement of the nuisance. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. (D) Immediate abatement. The City Council may, by resolution, identify specific violations of City Code as a public nuisance in which an immediate abatement shall occur. (1) Whenever the officer charged with enforcement determines that such public nuisance is being maintained or exists within the city, the officer shall provide notice thereof, and that such nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. Such notice may be posted on the property, served personally, or may be served by mail. (2) The notification shall state that the city will take appropriate remedial action to abate the public nuisance upon expiration of the prescribed notice, with a charge to the property owner /property for costs. City Council Minutes Monday, May 09, 201 1 Page 10 of 12 (3) For properties for which there have been one or more notices issued within the prior 12- month period, compliance with subdivisions (1) and (2) shall not be required. For those properties, the first notice issued within a 12 -month period shall contain a general notice that the city may abate future public nuisances without providing additional specific notice of the public nuisance. (E) The city shall cause the removal or other prescribed action of any public nuisances located on public property; or on private property, upon expiration of the prescribed notice to the owner. (F) For the purpose of this section, the following definition shall apply. OWNER. The person who is listed as the contact person on any current rental licensing application on file with the city, if any, or if none, the person listed as owner by the County Assessor on the homestead record, or if none, the taxpayer as shown by the records of the County Assessor. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. ORDINANCE NO. 1592 BEING AN ORDINANCE PERTAINING TO PROPERTY MAINTENANCE The City of Columbia Heights does ordain: Chapter 5A, Article II, Section 5 (5A.205) Is herewith amended to read as follows: § 5A.205 RUBBISH, GARBAGE, RECYCLING, AND COMPOSTING (A) Accumulation 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 rubbish. 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 be placed in accordance with Chapter 4, Article VII and Chapter 8, Article 111 of the city code. (C) Rubbish, garbage, recycling, and composting. Rubbish, garbage, recycling, yard waste, and composting shall be regulated in accordance with Chapter 4, Article VII and Chapter 8, Article 11I of the city code, which is incorporated herein by reference. Exposure of unused refrigerators or containers to children shall meet the requirements of M.S. § 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. Screening shall conform to § 9.106(C)(5) of city code, which is incorporated herein by reference. The City of Columbia Heights does ordain: Chapter 5A, Article IV, Section 2 (5A.402) Is herewith amended to read as follows: § 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 30 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: (I) 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 and a copy of the most recent Articles of Incorporation 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 nonresidential 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 § 5A.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 occurring within the license period. This requirement shall be a condition precedent to the issuance of any occupancy license. (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 (such as 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 § 5A.410 is contained in the licensed property 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. City Council Minutes Monday, May 09, 2011 Page 11 of 12 The City of Columbia Heights does ordain: Chapter 5A, Article IV, Section 10 (5A.410) Is herewith amended to read as follows: § 5A.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, or substantially comparable to, 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. (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 city code relating to prohibited noise. (b) Three disorderly use violations involving the same tenancy within a continuous 12 -month period shall be a substantial and material violation of the lease and good cause for tennination of the tenancy. (3) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CRIMINAL ACTIVITY. 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. DRUG RELATED CRIMINAL ACTIVITY. 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 § 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 subdivision (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 any licensed property within the City of Columbia Heights 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 subdivision (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 12 -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 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 12 -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 any licensed property with an evicted tenant within the City of Columbia Heights for a period of one year after the eviction. City Council Minutes Monday, May 09, 2011 Page 12 of 12 (G) The provisions of divisions (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 subdivisions (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 M.S. § 518B.01, subde 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 § 5A.408. The City of Columbia Heights does ordain: Chapter 5A, Article IV, Section 11 (5A.411) Is herewith amended to read as follows: § 5A.41 1 BACKGROUND CHECKS. Criminal Background Check Required. The city of Columbia Heights is interested in Rental Property Owners being well informed about a prospective renter's past criminal history, regardless of whether or not the owner decides to enter into a lease with the prospective tenant. Therefore, the licensee shall conduct criminal background checks on all prospective tenants. The criminal background check must include the following: a) A statewide (Minnesota) criminal history check of all prospective tenants covering at least the last seven years. The checks must be done by utilizing the most recent update of the Minnesota Bureau of Criminal Apprehension's criminal history files; b) A statewide criminal history check from the prospective tenant's previous state of residence shall be conducted if the tenant is moving directly from the previous state; c) A criminal history check of any prospective tenant in their previous states of residence shall be conducted covering the last seven years if they have not resided in Minnesota for three years or longer; d) A statewide (Minnesota) court history check of all prospective tenants covering at least the last seven years. This check, which includes Unlawful Detainer actions, can be done utilizing the most recent update of the Minnesota Judicial Branch Trial Court Public Access database. Any company that the licensee contracts with to conduct criminal history checks must meet the same standards established above. Documentation of the criminal background checks must be kept on file by the property owner for the length of the tenant's lease. The lessee must display documentation of the background check upon request by the police department, 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 city code section 5A.408. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage.