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