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HomeMy WebLinkAboutOctober 23, 1995OFFICIAL PROCEEDINGS BOARD OF TRUSTEES MEETING VOLUNTEER RELIEF ASSOCIATION OCTOBER 23, 1995 The Board of Trustees Meeting was called to order at 9:45 p.m. by Mayor Sturdevant. ROLL CALL Jolly, Petkoff, Ruettimann, Peterson, Sturdevant - present APPROVAL OF MINUTES Motion by Ruettimann, second by Peterson to approve the minutes of the September 11, 1995 Board of Trustees Meeting as presented. Roll call: All ayes 3. LEAVE OF ABSENCE TERMINATION Motion by Jolly, second by Petkoff to terminate the leave of absence status for John A. Fearon, Volunteer Fire Department (effective dates of leave of absence were April 1, 1995 to October 5, 1995). e ADJOURNMENT Motion by Peterson, second by Ruettimann to adjourn the Board of Trustees Meeting at 9:47 p.m. Roll call: All ayes yor JoSeph Sturdevant o-~nhe Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 23, 1995 CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA The house located at 4753 Upland Crest has been of concern to many of the area neighbors for some time. Some of these neighbors came to discuss their concerns with the City Council. Prior discussions had been held with the City Manager and the Assistant Fire Chief. To date, only the outside of the house has been inspected. The inside is scheduled for inspection next week. The history of this property's ownership was reviewed. It appears the property has reverted to the former owners often. Staff will follow up on this matter. CALL TO ORDER Mayor Sturdevant called the Council Meeting to order at 7:20 p.m. and the cablecasting commenced. 3. ~OLL CALL Jolly, Petkoff, Ruettimann, Peterson, Sturdevant - present 4. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA There were no additions nor deletions to the agenda. CONSENT AGENDA Motion by Ruettimann, second by Peterson to approve the Consent Agenda items as follows: Minutes for Approval The Council approved the minutes of the Regular City Council Meeting of October 9, 1995 as presented and there were no corrections. Resolution No. 95-66 Being a Resolution Certifying Delinquent Assessments The reading of the resolution was waived as there were ample copies available for the public. REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 2 RESOLUTION NO. 9~-~6 CERTIFICATION OF DELINQUENT ASSESSMENTS BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and he is hereby directed, to levy the delinquent special assessments, delinquent utility, and miscellaneous delinquent bills on the properties in the City of Columbia Heights as submitted on the attached pages and filed in the Assessment Book for 1995 totaling $87,260.81. 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 - Fund #82410." SAID LEVIES 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 assessments with penalties and 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 levies until October 18, 1995. Upon receipt of said payments the City will remove them from the certification list sent to Anoka County. Passed this 23rd day of October, 1995 Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Establish Public Hearing Date for Medtronic Tax Increm~Dt Financing Economic Development District The Council established December 11, 1995 at 7:00 p.m. as the Public Hearing date for the establishment of the Medtronic Tax Increment Financing Economic Development District. REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 3 Establish Hearing Date for License RevocatioD, Rental The Council established a hearing date of November 13, 1995 for revocation or suspension of a license to operate rental properties within the City of Columbia Heights against the following property owners regarding their rental property; Jeannine McDonald (5228 Fourth Street); Duane R. Lachinski (5025/27 Jackson Street and 5007/09 Jackson Street); Haakon L. Oksnevad (3801 Van Buren Street); Omar Nelson (3915 Van Buren Street) and Steven M. Cook (1133 45th Avenue). Establish General Election Canvassing Dat~ The Council established November 8, 1995 at 5:30 p.m. as the meeting to canvass the election results of the November 7, 1995 General Election. License Applications The Council approved the license applications as payment of the proper fees. listed upon Payment of Bills The Council approved the payment of bills as listed out of proper funds. Roll call: Ail ayes RECOGNITION. PROCLAMATIONS. PRESENTATIONS. GUESTS The oath of office was administered to Police Chief Thomas Johnson. Chief Johnson made some comments regarding his new position and thanking everyone for the warm welcome. The Council thanked members of the Police and Fire Civil Service Commission for their efforts in the Police Chief selection process. 8. ~UBLIC HEARINGS a. Second Reading of Ordinance No. 1311 Being an Ordinance Amending the Zonina Code Regarding Off-S~ree% ParkiDg Motion by Peterson, second by Petkoff to waive the reading of Ordinance No. 1311 there being ample copies available for the public. Roll call: All ayes REGULAR couNcIL MEETING OCTOBER 23,1 995 PAGE 4 ORDINANCE NO. 1~1 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 9.116(3) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.116(3) Desian and Maintenance of Off-Street Parking and Loading Areas (a) Drainage and SurfaciDg: Driveways shall not exceed a grade of 6% and all parking lots except those for less than four (4) vehicles shall be graded according to a drainage plan which has been approved by the City Engineer. Catch basins, sumps and underground storm sewers may be required and all such lots and driveways shall be surfaced with a material to control dust and drainage. Lots to accommodate less than four (4) vehicles may be surfaced with crushed rock. (b) ~: Ail lighting used to illuminate an off- street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic flow. (c) ~: No sign shall be located in any parking area except as necessary for the orderly operation of traffic movement or parking regulation. Such signs shall not be considered a part of the permitted advertising space and shall be subject to regulation pursuant to Section 9.117A. (d) Residential Fencing: When a required off-street parking space for six cars or more is located adjacent to a Residential District, a fence of adequate design, not over six (6) feet in height nor less than three and one half (3 1/2) feet in height shall be erected along the Residential District lot line. REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 5 (e) (f) Curbing and. Landscaping: Ail open off-street parking area designed to have head-in parking along the property line shall provide a bumper curb not less than three (3) feet from the property line or a guard of normal bumper height not less than one (1) foot from the side property line. When said area is for six (6) spaces or more, a curb or fence not over six (6) feet in height shall be erected along the front yard setback line, and grass or planting shall occupy the space between the sidewalk and curb or fence. Large LQ% Landscaping: Parking area for 21 spaces or more shall have 200 square feet of landscaped area for each 20 spaces. (g) ~: Ail lots for five (5) or more vehicles shall have the organization of spaces painted on the surface according to the plan approved by the City. (h) ~: Lots shall be so designed that internal circulation shall be available without utilizing the public street. ~intenance of Off-Street Parking Space: It shall be the joint responsibility of the operator and owner of the principal use, uses and/or building to maintain, in a neat and adequate manner, the parking space, accessways, landscaping and required fences. shall hereafter be amended to read as follows: 9.116(3) Design and Maintenance of Off-Street Parking and Loading Areas (a) Drainage and Surfacing: Driveways shall not exceed a grade of 6% and all parking lots except those for less than four (4) vehicles shall be graded according to a drainage plan which has been approved by the City Engineer. Catch basins, sumps and underground storm sewers may be required and all s~¢h lots and driveways shall be hard surfaced. REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 6 (b) L~: Ail lighting used to illuminate an off- street parking area shall be shaded or diffused so as to reflect the ligh~ away from the adjoining property and away from abutting traffic flow. (c) ~: NO sign shall be located in any parking area except as necessary for the orderly operation of traffic movement or parking regulation. Such signs shall not be considered a part of the permitted advertising space and shall be subject to regulation pursuant to Section 9.117A. (d) ~eside~tial Fencing: When a required off-street parking space for six cars or more is located adjacent to a Residential District, a fence of adequate design, not over six (6) feet in height nor less than three and one half (3 1/2) feet in height shall be erected along the Residential District lot line to prevent headlight glare. (e) Curbing and Landscapina: ~11 open off-stre~t parking area shall Drovide a bumper curb of 5-7 inohes high. around the perimeter of Parking ~rea ~nd a curb of no less than five (5~ feet from a building that has parking around it. When said area is for six ~6) spaces or more~ a ourb Qf 5-7 inches hiah is required alon~ the front y~r4 setback line. an~ grass or plan~ing shall Qccupy the space between the right of way li~e and curb. (Exception: one or two family dwellings where parking is on the residential driveway.~ (f) Large Lot Landscaping: Parking area for 21 spaces or more shall have 200 square feet of landscaped area for each twenty spaces~ (g) ~D/~: Ail lots of five (5) or more vehicles shall have the organization of spaces painted on the surface according to the plan approved by the City. (h) Circulation: Lots shall be so designed that internal circulation shall be available without utilizing the public street. REGULAR COUNCIL MEETING OCTOBER 23,1995 PAGE 7 (i) Maintenance of Off-Street Parking Space: It shall be the joint responsibility of the operator and owner of the principal use, uses and/or building to maintain, in a neat and adequate manner, the parking space, accessways, landscaping and required fences. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll call: October 9, 1995 October 23, 1995 October 23, 1995 Peterson Petkoff Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary b. Third Reading of Ordinance No. 1310 Being an Ordinance Conv~ying Property at 4204 Sixth Street Northeast Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1310 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4204 SIXTH STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Douglas M. Beers and Shirley Beers, husband and wife, the real property described as follows, to wit: Lot 14, Block 28, Columbia Heights Annex, Anoka County, Minnesota PIN # 35-30-24-24-0037 REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 8 Section 2: The Mayor and City Manager are herewith authorized to execute a quit claim deed to effectuate the conveyance of said real estate for $10,000.00. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Third Reading (corrective): September 25, 1995 October 9, 1995 October 23, 1995 Date of Passage: October 23, 1995 Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Public Hearing for License Revocation. Rental Properties Motion by Petkoff, second by Ruettimann to close the public hearing regarding the revocation or suspension of the rental licenses held by Jean J. Free (3817 Hayes Street Northeast); Kazimierz Tomczyk (4341 Tyler Place Northeast); Hegenes Apartment Management (4634 Tyler Street Northeast); Denis Villella (4621 University Avenue Northeast); Sachiko Shine (4049 Monroe Street Northeast); Bonnie O'Donnell (621 51st Avenue Northeast); Sally J. Anderson (3843 Hayes Street Northeast); Kurt Richter (4540 Tyler Street Northeast - Compliance dependent upon interpretation of Housing Maintenance Code by City Attorney. Action may be reopened at a later date); Mostafa Chatraei (3800 Tyler Street Northeast); Ronald Novak (4023 Sixth Street); Dorothy McGuire (4855 Fifth Street Northeast); and Michelin Kelly (4724/26 Sixth Street Northeast) regarding their rental property in that the property owners have complied.with provisions of the Housing Maintenance Code. Roll call: All ayes d. Resolution 95-69 Beina a Declaration of Non Conforming/Hazardous property at 411 40th Avenue Northeast REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 9 Motion by Peterson, second by Sturdevant to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-69 BEING A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS REQUESTING REMOVAL OF A HAZARDOUS BUILDING LOCATED AT 411 40TH AVENUE NORTHEAST WHEREAS, there is an abandoned building located at 411 40th Avenue Northeast which has been vacant since August, 1989; and WHEREAS, the property at 411 40th Avenue Northeast has gone tax-forfeit and Anoka County intends to put it up for sale; and WHEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard structures and properties; and WHEREAS, the City of Columbia Heights finds this abandoned property to be hazardous and non-conforming based on the following code violations as contained in the Findings of Fact: FINDINGS OF FACT Zoning Non-Conformities. Sec. 9.104¢3% (1) Single family residential type buildings in a commercial zone. 9.104(3) Non-Conforming Uses and Structures (a) Any structure or use lawfully existing upon the effective date of this Ordinance or an amendment thereto may be continued at the size and in a manner or operation existing upon such date except as hereinafter specified and such use shall be a non-conforming use. REGULAR couNcIL MEETING OCTOBER 23, 1995 PAGE 10 (2) Building non-conforming use discontinued since August of 1989 - a period of more than six years. 9.104(3) (f) Whenever a non-conforming use of a building or structure or land is discontinued for a period of six (6) months, any future use of said building or structure or land shall be in conformity with the provisions of this Ordinance. (3) The valuation for 1995 as established by Anoka County Assessors is $3,900 for structures and $22,600 for land. The low valuation is due in part to the damage and delapidation caused bywater when the boiler went out and the heating and water supply lines froze and burst. The structure now has damage from mold, mildew and dry rot. 9.104(3) (e) Whenever a non-conforming building or structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the building or structure if fifty percent (50%) or more of its fair market value, in which case the reconstruction shall be for a use in accordance with the provisions of this Ordinance. NOW, THEREFORE, BE IT RESOLVED, based on the Building Inspector's conclusions that the structure at 411 40thAvenue Northeast is substandard and seriously deteriorated, that it lacks minimum standards for habitable space per Ordinance No. 1281 of the Columbia Heights Zoning Code, and that the structure is non-conforming by its location and type, the Building Inspector is recommending the structures be removed. BE IT FURTHER RESOLVED, that the citY Council has approved the following Conclusions: CONCLUSIONS OF THE COUNCIL That all relevant parties have been duly notified that the Council will be considering this issue on October 23, 1995. REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 11 That the vacant and abandoned structure on the tax-forfeit property located at 411 40th Avenue Northeast is hazardous and in violation of many code and ordinance requirements. That the structure cannot be rehabilitated to bring it into compliance with city codes and ordinance requirements. Q~DER OF COUNCIL The property owner, Anoka County, is hereby directed to raze the hazardous structure located at 411 40th Avenue Northeast pursuant to Minnesota Statute 463.15 to 463.26. Passed this 23rd day of October, 1995. Offered by: Seconded by: Roll call: Peterson Sturdevant All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary e. Re~olution No. 95-68 Being a Resolution ADDroval Rental License Revocation for 4315 Jefferson Street Northeast Motion by Jolly, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-68 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTAL RENTAL LICENSE HELD BY RICHARD O. RONNINGEN (HEREAFTER "LICENSE HOLDER") WHEREAS, license holder is the legal owner of the real property located at 4315 Jefferson Street Northeast, Columbia Heights, Minnesota; and WHEREAS, pursuant to Columbia Heights Code Section 5.104(1)(A), written notice setting for the causes and reasons for the proposed Council action contained herein was given to the license holder on September 18, 1995 of a public hearing to be held on October 23,1995. REGULAR COUNCIL MEETING OCTOBER 23,1995 PAGE 12 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 25,1995, Matthew D. Field, Enforcement Officer for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4315 Jefferson Street, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Richard O. Ronningen. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and licensing rental units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER 3. That all parties, including the license holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF THE COUNCIL 1. That the bulding located at 4315 Jefferson Street Northeast is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. That the rental license belonging to the license holder described herein and identified by license number 10040 is hereby revoked; CORRECTED PAGE REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 13 2. The City shall 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 23rd day of October, 1995. Offered by: Seconded by: Roll call: Jolly Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary f. Resolution No. 95-70 Beina a Resolution Approving Rental License Revocation for 1137/39 37th Avenue Northeast Motion by Peterson, second by Ruettimann to close the public hearing regarding the revocation or suspension of the rental license held by Lee Bryant regarding rental property at 1137/39 37th Avenue Northeast in that the provisions of the Housing Maintenance Code have been complied with. Roll call: Ail ayes g. Resolution No. 95-71 Being a Resolution Approving Rental License Revocation for 1201/03 37th Avenue Northeast A tenant in one of these units advised the Council of some additional code violations which were not included in the inspection report. The Inspector felt the building should be re-inspected in the Spring for structural soundness. Councilmember Ruettimann recalled that by ordinance the structure can be re-inspected on complaint of a tenant. Motion by Ruettimann, second by Peterson to continue this hearing until the City Council meeting of November 13, 1995. Roll call: All ayes REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 14 h. Resolution No. 95-72 Being a Resolution Approving Rental License Revocation for 4610-12 Fillmore Street Northeast Motion by Peterson, second by Petkoff to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-72 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY MOHSEN DESSOUKI (HEREINAFTER "LICENSE HOLDER") WHEREAS, license holder is the legal owner of the real property located at 4610-12 Fillmore Street, Columbia Heights, Minnesota, and; WHEREAS, pursuant to' Columbia Heights Code Section 5.104(1)(A), written notice setting for the causes and reasons for the proposed Council action contained herein was given to the license holder on September 8, 1995 of a public hearing to be held on October 23, 1995. NOW, THEREFORE, in accordance with the foregoing and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on June 2, 1995, Matthew D. Field, Enforcement Officer of the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4610-12 Fillmore Street Northeast, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Mohsen Dessouki. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and licensing rental units were found to exist, to-wit: CORRECTED PAGE REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 15 SEE ATTACHED COMPLIANCE ORDER '3. That all parties, including the license holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF THE COUNCIL 1. That the building located at 4610-12 Fillmore Street Northeast is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attachd hereto. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings, relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF THE COUNCIL 1. The rental license belonging to the license holder described herein and identified by license number 20109 is hereby revoked. 2. The City shall post the purpose of preventing occupancy a copy of this order on ~he 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 23rd day of October, 1995. Offered by: Seconded by: Roll call: Peterson Petkoff All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 16 i. Closing of Public Hearing Approving Rental Licens~ Revocation for 4059 Jefferson Street Northeast Motion by Peterson, second by Jolly to close the public hearing regarding the revocation or suspension of the rental license held by Thomas Kemnitz regarding rental property at 4059 Jefferson Street Northeast in that the provisions of the Housing Maintenance Code have been complied with. Roll call: All ayes 7. ITEMS FOR CONSIDERATION a. Other Resolutions or Ordinances 1. First Readina of Ordinance No. 1309 Being an Adopting State Building Code Motion by Peterson, second by Petkoff to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1309 ADOPTING THE MINNESOTA STATE BUILDING CODE AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE. THIS ORDINANCE PROVIDES FOR THE APPLICATION, ADMINISTRATION AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF A!~. BUILDINGS AND/OR STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS AT3. ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. The municipality does ordain as follows: Section 1. Application, Ad~inistration and Enforcement. The application, administration and enforcement of the code shall be in accordance with Minnesota rule part 1300.2100 and as modified by Chapter 1305. The Code shall be enforced within the extraterritorial limits permitted by Minnesota Statute 16B.62 subdivision i when so establishedby this ordinance. REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 17 The code enforcement agency of this municipality is called Protective Inspections. A Minnesota certified Building official must be appointed by this jurisdiction to administer the code (Minnesota Statute 16B.65). Section 2. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statute 16B62 subdivision 1 and as provided for in Chapter 1 of the 1994 Uniform Building Code and Minnesota rules parts 1305.0106 and 1305.0107. Permit fees shall be assessed for work governed by this code in accordance with Table No. 3A, 1988 Edition of UBC per ordinance. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70. Section 3. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statute 16B.69). Section 4. Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75, is hereby adopted as the building code for this jurisdiction. This code is hereby incorporated in this ordinance as if fully set out herein. The Minnesota State Building Code includes the following chapters of Minnesota Rules: 2. 3. 4. Be 6. 7. 8. 9. 10. 11. 12. 13. 14. 1300 Minnesota Building Code 1301 Building Official Certification 1302 State Building Construction Approvals 1305 Adoption of the 1994 Uniform Building Code including Appendix Chapters: a. 3, Division 1, Detention and Correctional Facilities b. 12, Division 11, Sound Transmission Control c. 29, Minimum Plumbing Fixtures 1307 Elevators and Related Devices 1315 Adoption of the 1993 National Electrical Code 1325 Solar Energy Systems 1330 Fallout Shelters 1335 Floodproofing Regulations 1340 Facilities for the Handicapped 1346 Adoption of the 1991 Uniform Mechanical Code 1350 Manufactured Homes 1360 Prefabricated Buildings 1365 Snow Loads REGULAR COUNCIL MEETING OCTOBER 23, 1995 .PAGE 18 15. 16. 17. 1370 Storm Shelters 4715 Minnesota Plumbing Code 7670 Minnesota Energy Code The following optional appendix chapter of the 1994 Uniform Building Code is hereby adopted and incorporated as part of the building code for this municipality. me 2. 3. 4. 5. Membrane Structures Section 5. Effective Date of Ordinance. The effective date of this ordinance is . Motion by Peterson, second by Petkoff to schedule the second reading of Ordinance No. 1309 for Monday, November 13, 1995 at approximately 7:00 p.m. Roll call: All ayes 2. Tolling Initial Review Period Motion by Petkoff, second by Jolly to waive the reading of the Order there being ample copies available for the public. Roll call: All ayes REGARDING THE TOLLING PERIOD FOR THE REVIEW OF PROPOSED EQUIPMENT RATE SUBMITTED BY MEREDITH CABLE COMPANY TO THE CITY ON SEPTEMBER 29, 1995 WHEREAS, the City of Columbia Heights "City" is certified as a rate regulatory authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"), WHEREAS, the City has notified Meredith Cable (hereinafter "Company") that the Company is subject' to the rate regulatory authority of the City, WHEREAS, the City has received from the Company a FCC Form 1205 "Equipment Form", dated September 29, 1995, WHEREAS, the Form 1205 filing implicates the City's authority to regulate equipment rates in requesting an increase in the Company's maximum permitted equipment rates, on a going forward basis, REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 19 WHEREAS, the City has determined that it needs additional time to review FCC Form 1205 to ensure that the proposed rates are within the FCC standards for updating equipment rates, WHEREAS, said additional time is required to solicit, receive, and analyze additional information related to said review by the City and staff. NOW, THEREFORE, IT IS HEREBY ORDERED by the City of Columbia Heights that the initial thirty (30) day period for the review of the proposed equipment rates and other entries on the amended FCC Form 1205 is hereby tolled for an additional ninety (90) days. FURTHER, that the Order shall be effective immediately, however, the tolling period shall not begin until the expiration of the initial thirty (30) day period. FURTHER, that the Company is permitted to put the equipment rate increase into effect January 1, 1996, subject to rollback and refunds. Ordered this 23rd day of October, 1995. Offered by: Seconded by: Roll call: Petkoff Jolly Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 3. Resolution No. 95-67 Being a Resolution Authorizin~ Participation in the Metropolitan Livable Communities Act Motion by Petkoff, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-67 BEING A RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT OF CALENDAR YEAR 1996 REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 20 WHEREAS, the Metropolitan Livable Communities Act (1995 Minnesota Laws Chapter 255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and .other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund is eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, by June 30, 1996, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals; and WHEREAS, the Metropolitan Council must adopt, by resolution after a public hearing, the negotiated affordable and life- cycle housing goals for each municipality by January 15, 1996; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15th of each year; and WHEREAS, for calendar year 1996, a metropolitan area municipality can participate under Minnesota Statutes Section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1995; (b) the Metropolitan Council and the municipality successfully negotiate affordable and life-cycle housing goals for the municipality; and (c) by January 15, 1996, the Metropolitan Council adopts by resolution the negotiated affordable and life-cycle housing goals for each municipality; and REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 21 WHEREAS, the City of Columbia Heights is concerned that the Metropolitan Livable Communities Act does not provide the necessary funding resources or legislative policy to fully address the disproportionate distribution of affordable housing and related issues facing the fully developed suburban cities or northern metropolitan area; and WHEREAS, the City of Columbia Heights is concerned that the Metropolitan Livable Act does not provide the priorty nor the necessary resources to meet the life-cycle housing needs of aging communities; and WHEREAS, the City of Columbia Heights is concerned that the Metropolitan Council's administration of the Metropolitan Livable Communities Act will not provide priority to preserve and rehabilitate affordable housing in fully developed areas; and WHEREAS, the City of Columbia Heights is concerned that the benchmarking system using the current geographic sectors, determined affordable and life-cycle housing goals in the greater metropolitan area continues to distort the actual inequities that exist in the distribution of affordable housing; and WHEREAS, as a fully developed area, the City of Columbia Heights is concerned that the benchmarking system using the current geographic sectors, will have the effect of eliminating the City's ability to broaden and significantly change its housing characteristics as it limits the City's ability to change its housing stock if the changes are outside the limits of the geographic sector's benchmark; and WHEREAS, the City of Columbia Heights has been advised that the City's performance will be ranked and made public next year regardless of the City's participation in the Metropolitan Livable Communities Act Program; and WHEREAS, the City of Columbia Heights has been advised that possible participation in the Polluted Lands Clean Up Fund, the Urban Homesteading Program, and the Livable Communities Demonstration Account requires all participation in the Local Housing Incentives Account Program; and WHEREAS, the city of Columbia Heights has concluded that at this time in the best interest of cooperation, it may be an advantage to participate in the Metropolitan Livable Communities Act. REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 22 NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during calendar year 1996. BE IT FURTHER RESOLVED that the City of Columbia Heights encourages the Metropolitan Council to further evaluate the current benchmark system so as to portray an accurate picture of affordable housing inequities on a metropolitan wide basis as opposed to the current geographic sector concept; and Urges the Metropolitan Council to develop and present legislation to assist fully developed cities in improving and rehabilitating its vast stock of affordable and life-cycle housing. Passed this 23rd day of October, 1995. Offered by: Seconded by: Roll call: Petkoff Jolly Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary b. Bid ConsideratioDs 1. Award of Floor Soil {Drain] PiDes -- MSC Garage Floor Motion by Jolly, second by Peterson to award the replacement of three 110' runs of soil pipe to R.J. Miller Plumbing and Heating of Fridley, Minnesota, based upon their low, qualified, responsible quotation in the amount of $5,565.00 with funds to be appropriated from 701-49950-5120, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes It was suggested that the remainder of the funds budgeted for these pipes be used for a fourth run. REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 23 2. Authorization to Purchase Replacement for Vehicle Motion by Jolly, second by Peterson to authorize staff to purchase a new 1995 Chevrolet Corsica from Thane Hawkins Polar Chevrolet on the state contract at a cost not to exceed $12,006 plus $780.39 sales tax, with $10,873 from 431-42400- 5150, $780.39 from 431-42400-4395, and $1,133 from 201-46326- 5150, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes c. Other Business 1. Authorize Hiring of a Recreation Program Coordinator Motion by Petkoff, second by Peterson to authorize the hiring of a Recreation Program Coordinator at the 1996 AFSCME contract range of $10.35/hour to $12.94/hour to replace a Clerk-Typist II position at the 1996 AFSCME contract range of $9.$8/hour to $12.35/hour. Roll call: Jolly, Petkoff, Ruettimann, Peterson - aye Sturdevant - nay 8. ADMINISTRATIVE REPORTS a. R~port of the City Manager The City Manager's report was submitted in written form and one item was discussed. b. Report of the City Attorney The City Attorney had nothing to report at this time. ® ~NERAL COUNCIL COMMUNICATIONS a. Minutes of Library Board Meeting Minutes of the October 3, 1995 Library Board were included in the agenda packet. No Council action was required. REGULAR COUNCIL MEETING OCTOBER 23, 1995 PAGE 24 10. ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the Regular Council Meeting at 9:45 p.m. Roll call: All ayes /~ayor/~JoSeph Sturdevant -Anne Student,-C~ncil Secretary