HomeMy WebLinkAboutOctober 7, 1998 Work SessionCITY OF COLUMBIA HEIGHTS (l")
Joseph Sturdevant
Councilmembers
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 -3878 (612-) 782-2800 TDD 782-2806 Donald G. Jolly
Marlaine Szurek
Gary L. Peterson
Robert W. Ruettimann
City Manager
Walt Fehst
ADMINISTRATION
NOTICE OF COUNCIL WORK SESSION
Notice
hereby given that a Council Work Session
is to be held in the
CITY OF COLUMBIA HEIGHTS
as follows:
Meeting of:
Date of Meeting:
Time of Meeting:
Location of Meeting:
CITY CO UNCIL/CITY STAFF
WEDNESDAY, OCTOBER 7, !998
7:00 P.M.
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HALL ....
2)
AGENDA
Resolution No. 98-88 - Enforcement of Optional Chapter 1306 - State Building Code
Resolution No. 98-87 - Acceptance of State Grant Funding - Police Dept. Overtime Costs
Establish Meeting Dates - Work Session (if necessary), Joint Budget Meetings with
Public Works, Police & Fire and three other departmentsl (please bring calendars)
Sale and Development Agreements - 545 38th Avenue and 549 3Uh Avenue
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to,
or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be
provided to allow individuals with disabilities to participate in all City of Columbia Heights'services,
programs, and activities. Auxiliary aids for.handicapped persons are available upon request when the
request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension
209, To make arrangements. (TDD/782-2806 for deaf or hearing impaired only)
THE CITY OP COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
COUNCIL LETTER
Meeting of: October 12, 1998
AGENDA SECTION: ORIGINATING DEPT.: CITY M_ANAGER
NO: Community Development APPROVAL
ITEM: First Reading Ordinance 1378 Adopting the BY: Mel Collova BY:
Minnesota State Building Code DATE: October 5, 1998
NO:
Issue Statement: Adoption of the latest Minnesota State Building Code including the 1997 Uniform Building
Code with State Amendments.
Background: This Municipality is required to enforce this Code by Minnesota Statute 16B.62. and Minnesota
rule 1300.2100 as modified by chapter 1305. The latest edition of the Code has the exiting provisions completely
rewritten. The previous Code protected buildings and the new Code provides for timely exiting of occupants. It is
therefore less restrictive in the exiting chapter which has been totally rewritten. This major change will reduce the
cost of construction. Staff requests the adoption of Table 1-A, the fee table. The present fee of $349.75 taken
from the 1994 Code for a $25,000 project would be increased to $391.25 an increase ofjust $41.50. On a large
project of $1,000,000 the building permit and plan review fee would increase from $8,270.21 to $9,254.44 an
increase of $534.23. The average residential permit with a building valuation of $10,000 would generate a fee of
$271.88 instead of the $243.38 current fee. An increase of just $38.50. The minimum fee for all permits including
mechanical and plumbing permits will be increased to meet the current minimum building permit fee of $35.00. It
should be remembered the fees should not increase again until the 2000 Code is adopted in 2001. As you will
remember earlier the Council approved the increase from the 1988 to the 1994 Code and when skipping periodic
upgrades, the increaS~ does become considerable. It would be preferable to adopt the smaller, more frequent
increase.
Alternative 1:
Adopt the new Minnesota State Building Code without the fee increase (see attached current Table l-A).
Alternative 2:
Adopt the New Minnesota State Building Code with the fees as set forth in the revised Table 1-A (attached).
Staff recommends adoption of the draft ordinance and revised fee schedule Table 1-A.
Recommended Motion:
Move to Waive the Reading of Ordinance 1378, There being Ample Copies Available to the Public.
Recommended Motion: Move to Establish November 9, 1998, at Approximately 7:00 PM as the Second
Reading of Ordinance 1378, Adopting the Minnesota State Building Code Including Table 1-A.
Alternative Motion: Move to Establish November 9, 1998, at Approximately 7:00 PM as the Second Reading of
Ordinance 1378, Adopting the Minnesota State Building Code excluding Table 1-A.
COUNCIL ACTION:
~u~.~ - ~u~.o 1997 UNIFORM BUILDING CODE
TABLE 1-A -
rein~pection fee in accordance with Table 1-A or as set forth in the
fee schedule adopted by the jurisdiction.
In instances where reinspection fees have been assessed, no
additional inspection of the work will be performed until the re-
quired fees have' been paid.
SECTION 109 -- CERTIFICATE OF OCCUPANCY
109,1 Use and Occupancy. No building or structure shall be
used or occupied, and no change in the existing occupancy classi-
fication of a building or structure or portion thereof shall be made
until the building official has issued a certificate of occupancy
therefor as provided herein.
EXCEPTION: Group R, Division 3 and Group U Occupancies.
Issuance of a certificate of occupancy shall not be construed as
an approval of a violation of the provisions of this code or of other
ordinances of the jurisdiction. Certificates presuming to give au-
thority to violate or cancel the provisions of this code or other ordi-
nances of the jurisdiction shall not be valid.
109.2 Change in Use. Changes in the character or use of a build-
ing shall not be made except as specified in Section 3405 of this
code.
109.3 Certificate Issued. After the building official inspects the
building or structure and finds no violations of the provisions of
this code or other laws that are enforced by the code enforcement
agency, the building official shall issue a certificate of occupancy
that shall contain the following:
I. The building permit number.
2. The address of the building.
3. The name and address of the owner.
4. A description of that portion of the building for which the
certificate is issued.
5. A statement that the described portion of the building has
been inspected for compliance with the requirements of this code
for the ~oup and division of occupancy and the use for which the
proposed occupancy is classified.
6. The name of the building official.
109.4 Temporary Certificate. If the building official finds that
no substantial hazard will result from occupancy of any building
or portion thereof before the same is completed, a temporary cer-
tificate of occupancy may be issued for the use of a portion or por-
tions of a building or structure prior to the completion of the entire
building or structure.
109.5 Posting. The certificate of occupancy shall be posted in a
conspicuous place on the premises and shall not be removed ex-
cept by the building official.
109.6 Revocation. The building official may, in writing, sus-
pend or revoke a certificate of occupancy issued under the provi-
sions of this code whenever the certificate is issued in error, or on
the basis of incorrect information supplied, or when it is deter-
mined that the building or structure or portion thereof is in viola-
tion of any ordinance or regulation or any of the provisions of this
code.
TABLE 1-A.---BUILDING PERMIT FEES
TOTAL VALUA'~ON
$1 .fiD to $500.00
$501.00 to $2,000.00
$2,fiDI.00 to S25,000.00
S25,fiDl.fiD to $50,000.00
Fi~E
$23.5O
$23.50 for the first $500.00 plus $3.05 for each additional $1130.00, or fraction thereof, to and
including $2,fiD0.fiD
$69.25 for the first $2,fiD0.00 plus $14.fiD for each additional S i,fiD0.00, or fraction thereof, to
and including $25,t300.00
$391.25 for the first S25,fiD0.00 plus $I0.10 for each additional $1,000.fiD, or fraction thereof,
to and including $50,000.00
S50,fiDl.fiD to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof,
to and including $1fiD,fiD0.fiD
Sl00,001.fiD to S500,fiD0.fiD $993.75 for the first $1fiD,000.00 plus $5.60 for each additional $1,000.fiD, or fraction thereof,
to and including $500,fiD0.00
$500,001 .fid to $1,000,000.00 $3,233.75 for the f'n'st $500,fiD0.00 plus $4.75 for each additional $1,000.00, or fraction
thereof, to and including $1,000,fiD0.fiD
$1,000,1301.00 and up $5,608.75 for the first $t,000,000.00 plus $3.65 for each additional $1,fiD0.00, or fraction
thereof
Other Inspections and Fees:
1. Inspections outside of normal business hours
(minimum charge---two hours) ....................................................................... $47.00 per hour1
2. Reinspection fees assessed under provisions of Section 305.8 .......................................................... $47.00 per hour1
3. Inspections for which no fee is specifically indicated
(minimum charge---one-half hour) ................................................................. $47.00 per hour1
4. Additional plan review required by changes, additions or revisions to plans ............................................... $47.00 per hourt
(minimum charge---one-half hour)
5. For use of outside consultants for plan checking and inspections, or both .................................................... Actual costs2
1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of
the employees involved.
2Actual costs include administrntive and overhead costs.
1-6
1994 UNIFORM BUILDING CODE
TABLE i-A--BUILDING pERMIT FEES
1-A
TOTAL VALUATION FEE
$I .00 to S500.00 521.00
$501.00 to 52,000.00 $21.00 for the first 5500.00 plus $2.75 for each additional
$ I00.00. or fraction thereof, to and including $2.000.00
$2,001.00 to $2,5,000.00 $62.25 t'or the first $2,000.00 plus $12.$0 for each additional
$1.000.00, or fraction thereof, to and including $25,000.00
$2,5,001.00 to $50.000.00 $349.75 for the first $2,5,000.00 plus $9.00 for each
additional $I.000.00, or fraction thereof, to and including
550.000,00
$50,001.00 to $I00,000.00 $.574.75 for the first $50,000.00 plus $6.25 for each
additional S 1.000.00, or fraction thereof, to and including
$ 100,000.00
S 100,001.00 to $500,000.00 $887.25 for the first $ t 00,000.00 plus $5.00 for each
additional $1,000.00. or fraction thereof, to and including
S500.000,00
$500,001.00 to $ i,O00.O00.O0 $2,887.25 for the first $500,000.00 plus $4,25 for each
additional $I,000.00, or fraction thereof, to and including
S 1,000,000.00
S 1,000,001.00 and up 55.012.25 for the first $1,000,000100 plus $2.75 for each
additional S 1.000.00. or fraction thereof
Other Inspections and Fees:
I. Inspections outside of normal business hours ................................... $42.00 per hour~:
(minimum charge--two hours)
2. Reinspection fees assessed under provisions of
Section 108.8 ............................................................. $42.00 per hour*
3. Inspections for which no tee is specifically indicated ............................. S42.00 per hour*
(minimum charge---one-half hour)
4. Additional plan review required by changes, additions
or revisions to plans ....................................................... $42.00 per hour,~
(minimum charge--one-half hour)
5. For use of outside consultants for plan checking and
inspections, or both ......................................................... Actual costs~*
*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead equipment, hourly wages and fringe benefits of the employees involved.
**Actual costs include administrative and overhead costs. ,
1-11
CITY OF COLUMBIA HEIGHTS
Ordinance No. 1378 Adopting the Minnesota State Building Code
BEING 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 ALL BUILDINGS AND/OR STRUCTURES IN
THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND
COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION
THEREOF; REPEALS ALL OF ORDINANCE 1344 AND ALL ORDINANCES AND PARTS
OF ORDINANCES THAT CONFLICT THEREWITH.
The City of Columbia Heights does ordain:
Section 1. Application, Administration 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 1 when so established by this ordinance.
The code enforcement agency of the City of Columbia Heights is called the Protective Inspections
Department.
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 16B.62 subdivision 1 and as provided for in chapter 1 of the
1997 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 the 1997
Uniform Building Code Table No. 1-A of this 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.
The code is hereby incorporated in this ordinance as if fully set out herein.
A. The Minnesota State Building Code includes the following chapter of Minnesota
Rules:
1. 1300 Minnesota Building Code
1301 Building Official Certification
o
1302 State Building Construction Approvals
1305 Adoption of the 1997 Uniform Building Code including appendix
Chapters.
£
5. 1307
6. 1315
7. 1325
8. 1330
9. 1335
10. 1340
12. 1350
13. 1360
15. 1370
16. 4715
17. 7670
3, Division I, Detention and Correctional Facilities
12, Division II, Sound Transmission Control
15, Reroofmg
16, Division I, Snowload Design
29, Minimum Plumbing Fixtures
31, Division II, Membrane Structures
Elevators and Related Devices
Adoption of the 1996 National Electrical Code
Solar Energy Systems
Fallout Shelters
Floodproof'mg Regulations
Facilities for the Handicapped
Adoption of the 1991 Uniform Mechanical Code
Manufactured Homes
Prefabricated Buildings
Industrialized/Modular Buildings
Storm Shekers (Manufactured Home Parks)
Minnesota Plumbing Code
Minnesota Energy Code
Bo
The City of Columbia Heights may adopt by reference al/of the following optional
appendix chapters of the 1997 Uniform Building Code as authorized by Minnesota
rule part 1305.0020 subpart 2: 3, Division III, 1992 One and Two Family
Dwelling Code; 33, Excavation and Grading.
The following optional appendix chapters of the 1997 Uniform Building Code are
hereby adopted and incorporated as part of the building code for the City of
Columbia Heights.
1. 1992 One and Two Family Dwelling Code
2. Excavation and Grading
Section 5: This Ordinance shall be in full force and effect from and after thirty (30) days after its
passage.
Offered by:
Seconded by:
Roll Call:
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
First Reading:
Second Reading:
Date of Passage:
g:Xmel~Ordinance1378BldgCode
CITY OF COLUMBIA It-EIGHTS
TO:
FROM:
DATE:
RE:
WALT FEHST, CITY MANAGER
MAYOR STURDEVANT
COUNCIJ_,MEM]BER JOLLY
COUNCIl,MEMBER PETERSON
COUNCILMEMBER SZUREK
COUNCILMEMBER RUETTIMANN
JIM HOEFT, CITY ATTORNEY~
OCTOBER 7, 1998
ENFORCEMENT OF CHAPTER 1306 OF THE 1995 STATE BUII,DING
CODE
This issue involves the intent of the council in adopting the 1995 State Building Code (SBC). It
appears that when the SBC was presented to the council for adoption, Chapter 1306 was included
in error. This is confirmed by Mel and acknowledged by the Fire Department. The question has
now arisen as to how Chapter 1306 should be enforced, if at all. Information provided to me
indicates that in fact this chapter has not been applied to any projects since adoption of the 1995
SBC. Apparently this non-enforcement was based on the knowledge that the adoption of 1306
was in error. This issue now presented involves review of a current project and how Chapter
1306 affects that review.
If, in fact, Chapter 1306 was adopted in error, then the city is not obligated to enforce the same
even though it may appear on the books. A local governmental body is not obligated to legislate
by accident. If the city now chose to enforce Chapter 1306 on the current project, the city would
be exposing itself to liability for arbitrary enforcement.
It would be my recommendation to resolve that Chapter 1306 was adopted in error. Review the
current project accordingly, and discuss adoption of the newly revised SBC at a subsequent point
and time.
Cb
COLUMBIA HEIGHTS POLICE DEPARTMENT
TO:
FROM:
SUBJECT:
DATE:
Walt Fehst, City Manager
Thomas M. Johnson, Chief ofPolic~
Item for Council Work Session, October 7, 1998
September 30, 1998
BACKGROUND
The Columbia Heights Police Department has for the past three years received a state grant to cover
overtime costs of placing additional officers on the streets o£Columbia Heights. In 1996 and 1997
the department received $30,000 for each year. In 1998, because more departments have applied for
these funds, we will be receiving $20,000.
ANALYSIS/CONCLUSION
The Columbia Heights Police Department wishes to continue the additional programs that we have
been allowed to do because these funds are available to us. These programs include truancy,
detection, alcohol and tobacco compliance checks, curfew sweeps, laser details, warrant sweeps, and
prisoner transports.
RECOMMENDED ACTION
Direct the Police Chief to place the attached Resolution #98-87 on the next Council consent agenda.
TMJ:mld
98-335
Attachment
CITY OF COLUMBIA HEIGHTS
RESOLUTION 98-87
WHEREAS, the Columbia Heights Police Department made application to the State of Mirmesota
Department of Public Safety for a grant for community oriented policing activities in order to pay
overtime to perform these activities, and;
WHEREAS, the Columbia Heights Police Department has been successful in obtaining this grant
for the period November 1, 1998, to November 1, 1999, in the amount of $20,000;
THEREFORE, BE IT RESOLVED that the City of Columbia Heights enter into a cooperative
agreement with the Minnesota Department of Public Safety for the project entitled Community
Orie
and
ame
Pas~'
Off;
Seco
Roll
nted Policing Grant for Overtime for the period from November 1, 1998, to November 1, 1999;
that the City Manager and Mayor are hereby authorized to execute such agreements and
adments as are necessary to implement the project on behalf of the City of Columbia Heights.
ed this
red by:
,nded by:
Calh
day of 19__
Mayor Joseph Sturdevant
Jo- IALnne Student, Council Secretary
CITY COUNCIL LETTER
Work Session of: October 7 1998
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: Community Development APPROVAL
ITEM: Sale of 545 and 549 38t~ Ave. NE BY: Joe Hollm~/4t' BY:
NO: DATE: October 1, 199-- '
Issue Statement: Attached, please fred two draft sale and development agreements relating to 545 and 549 38th
Avenue NE between the City and Bellair Concept Homes, Inc. Please see the attached map for the property
locations.
Background: Philippe Petit from Bellair Concept Homes, Inc. has contacted the City Planner inquiring about
the potential to purchase the two lots mentioned above. He plans to construct a single family home on each lot.
Attached, please f'md copies of written correspondence between Mr. Petit and the City Planner.
Analysis: Mr. Petit proposes to purchase each lot for $14,500. Please note that the assessed valuation of each
lot in 1997 was $19,000. Three other lots in the area have been sold recently to Quality Checked Construction.
572 38t~ Avenue was sold on 10/13/97 for $19,000. 578 38a Avenue was sold on 11/10/97 for $18,900 less
removal of old foundation. A third property in the area (566 38t~ Avenue) was sold on 5/26/98 for $18,500.
Note that these three lots are slightly larger (7,171 square feet each) than the two subject properties. The price of
the lot and the timing requirements for development of the lots have been left blank in the draft agreements, as
they are subject to negotiation.
Both lots are roughly 52.5 x 135 (7,088 square feet) in size. The properties are zoned R-2, Single and Two
Family Residential. Note that the applicant had originally proposed to combine the two properties and construct a
four unit apartment building, but this is not permitted in the R-2 zoning district. Also, the applicant questioned
the possibility of constructing two duplexes on the lot. The R-2 district allows two-family dwellings, but the
minimum lot size requirement for a duplex is 8,400 square feet. Neither lot meets this requirement. I have
requested from Mr. Petit diagrams of a floor plan and elevation views of the dwellings he is considering to
construct. At this point I have not received any diagrams, but I do fully expect to have some available for the
meeting. Mr. Petit has recently constructed a home at 563 38a Avenue which would be similar to the homes
proposed for these sites. Naturally, any new house constructed on these lots would need to obtain the necessary
permits from the City.
Recommendation: Staff recommends approval of the sale of 545 and 549 38~ Avenue NE to Bellair Concept
Homes, Inc. for a price closer to the assessed valuation than the $14,500 offered. 566 38a Avenue was purchased
at roughly $2.58 per square foot of lot. Using this formula, a potential asking price for the two subject properties
could be $18,287.
Recommended Motion:
Move to direct staff to prepare a final sale and development agreement between the City and Bellair Concept
Homes, Inc. for the sale of 545 and 549 38t~ Avenue NE at a price of $ for each lot.
COUNCIL ACTION:
SALE AND DEVELOPMENT AGREEMENT
RELATING TO
545 38th Ave. NE
BY AND BETWEEN THE
CITY OF COLUMBIA HEIGHTS
AND
Bellair Concept Homes, Inc.
SALE AND DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this __ day of ,1998, by
and between the City of Columbia Heights (hereinafter called the "City"), and Bellair
Concept Homes, Inc. (hereinafter called the "Developer");
WlTNESSETH THAT, in the joint and mutual exercise of their powers and in consider-
ation of the mutual covenants contained herein, the parties recite and agree as follows:
Section 1. Recitals.
1.01. The Property. The City now owns the property described in the attached Exhibit
"A", (the "Property"), located in the City of Columbia Heights, Anoka County, Minne-
sota.
1.02. Facilities and Project. The Developer, in accordance with City approval, plans
to construct or cause to be constructed on the Property a single family home. The
Developer shall provide the City with a copy of its plans and specifications showing
details on the style, exterior architectural features, materials, color selections, etc. of
the home to be constructed, which plans and specifications shall be submitted to the
City for review and approval prior to the issuance of any building permits on the
property by the City of Columbia Heights.
Section 2. Sale/Purchase of Property.
2.01. Sale. The City agrees to sell the Property to Developer and the Developer
agrees to purchase the Property from the City for the purchase price of $
Developer shall begin construction of the home within ( ) months of the
date of execution of this Agreement and shall complete construction within
( ) months from said start date, at which time the City will convey fee title to the
property by Quit Claim Deed to Developer. Developer shall deposit $1,000.00 earnest
money with the City either prior to, but no later than upon execution of this Agreement.
Section 3. Developer's Representations.
The Developer hereby represents, warrants and covenants to the City that:
3.01. Compliance. The Developer will comply with and duly and promptly perform all
of its obligations under this Agreement and all related documents and instruments.
Developer will also comply with all State and local codes/ordinances.
545 38t~ Ave. NE
Page 2
Section 4. Developer's Undertakinqs.
4.01. New Construction. Developer shall be solely responsible for the construction,
marketing and sale of the single family home on the Property. The minimum selling price
(or estimated market value if homesteaded and not sold) of said home shall be
$85,000.00.
4.02. Floor Plan. Developer will be responsible for submitting to the City, and obtaining
pre-approval of the floor plan and front elevation of the home proposed to be constructed
on the Property. Said pre-approval must be obtained before the City of Columbia Heights
will issue any building permits to Developer.
4.03. Fees and Charges. The Developer will pay, when due, all permit fees, connection
charges, user charges or other charges lawfully imposed by the City of Columbia Heights
with respect to the Property. Upon conveyance of the Property by the City, Developer
agrees to be responsible for payment of all recording fees and transfer taxes resulting from
the transfer of the Property.
4.04. Existing Improvements. The Developer will be responsible for removing any
existing structure, foundation and debris from the property and will assure that water and
sewer services are stubbed to the boulevard at no cost to the City. The Property is
currently vacant of any structure(s).
Section 5. City Undertakings.
5.01. None.
Section 6. Default.
6.01. Default. The failure to meet any condition of this Agreement shall be an event of
default.
6.02. Remedies. If an event of default occurs and is not cured within 30 days of receiving
written notice of said default, the City may take one or more of the following actions:
a. suspend performance under this Agreement;
b. terminate the Agreement, thereby rendering void
any promises or approvals contained in this Agreement;
c. retain bidder guarantee submitted as cash, cashier's
check, or money order in the amount of $1,000.00.
545 38~ Ave. NE
Page 3
Section 7.. Notices.
7.01. Notices. All notices hereunder shall be in writing and either delivered personally or
mailed by certified mail, postage prepaid, addressed to the parties at the following
addresses:
City
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421-3878
Developer
Bellair Concept Homes, Inc.
614 West Lake St. #5
Minneapolis, MN 55408
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be
executed the day and year first above written.
CITY OF COLUMBIA HEIGHTS
By:
Its: Mayor
By:
Its: City Manager
DEVELOPER
By:
Developer
545 38"~ Ave. NE
Page 4
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
On this __ day of ,1998, before me, a Notary Public within and for said
County, appeared to me personally known, who, being by me duly sworn, did say that
he/she is Joseph Sturdevant named in the foregoing instrument, the Mayor of Colum-
bia Heights, a body corporate and politic under the laws of the State of Minnesota, and
that this instrument was signed as his/her free act and deed.
Notary Public
STATE OF MINNESOTA )
COUNTY OF ANOKA )
On this day of ,1998, before me, a Notary Public within and for said County,
appeared to me personally known, who, being by me duly sworn, did say that he is
Walter R. Fehst named in the foregoing instrument, the City Manager of the City of
Columbia Heights, a body corporate and politic under the laws of the State of Minnesota,
and that this instrument was signed as his free act and deed.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
On this day of ,1998, before me, a Notary Public within and for said County,
appeared to me personally known, who, being by me duly sworn, did say that he/she is
named in the foregoing instrument, the
of A corporation organized and existing under
the laws of the State of Minnesota, and that this instrument was signed as his/her free act
and deed.
Notary Public
545 38~ Ave. NE
Page 5
Exhibit "A"
Lot 19, and the West Half of Lot 18, Block 83, Columbia Heights Annex to Minneapolis,
Anoka County, Minnesota, and the South Half of the vacated alley lying North and
adjacent thereto.
545 38~ Ave. NE
Page 6
SALE AND DEVELOPMENT AGREEMENT
RELATING TO
549 38th Ave. NE
BY AND BETWEEN THE
CITY OF COLUMBIA HEIGHTS
AND
Beilair Concept Homes, Inc.
SALE AND DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of ,1998, by
and between the City of Columbia Heights (hereinafter called the "City"), and Bellair
Concept Homes, Inc. (hereinafter called the "Developer");
WITNESSETH THAT, in the joint and mutual exercise of their powers and in consider-
ation of the mutual covenants contained herein, the parties recite and agree as follows:
Section 1. Recitals.
1.01. The Property. The City now owns the property described in the attached Exhibit
"A", (the "Property"), located in the City of Columbia Heights, Anoka County, Minne-
sota.
1.02. Facilities and Project. The Developer, in accordance with City approval, plans
to construct or cause to be constructed on the Property a single family home. The
Developer shall provide the City with a copy of its plans and specifications showing
details on the style, exterior architectural features, materials, color selections, etc. of
the home to be constructed, which plans and specifications shall be submitted to the
City for review and approval prior to the issuance of any building permits on the
property by the City of Columbia Heights.
Section 2. Sale/Purchase of Property.
2.01. Sale. The City agrees to sell the Property to Developer and the Developer
agrees to purchase the Property from the City for the purchase price of $
Developer shall begin construction of the home within ( ) months of the
date of execution of this Agreement and shall complete construction within
( ) months from said start date, at which time the City will convey fee title to the
property by Quit Claim Deed to Developer. Developer shall deposit $1,000.00 earnest
money with the City either prior to, but no later than upon execution of this Agreement.
Section 3. Developer's Representations.
The Developer hereby represents, warrants and covenants to the City that:
3.01. Compliance. The Developer will comply with and duly and promptly perform all
of its obligations under this Agreement and all related documents and instruments.
Developer will also comply with all State and local codes/ordinances.
549 38"' Ave. NE
Page 2
Section 4. Developer's Undertakings.
4.01. New Construction. Developer shall be solely responsible for the construction,
marketing and sale of the single family home on the Property. The minimum selling price
(or estimated market value if homesteaded and not sold) of said home shall be
$85.000.00.
4.02. Floor Plan. Developer will be responsible for submitting to the City, and obtaining
pre-approval of the floor plan and front elevation of the home proposed to be constructed
on the Property. Said pre-approval must be obtained before the City of Columbia Heights
will issue any building permits to Developer.
4.03. Fees and Charges. The Developer will pay, when due, all permit fees, connection
charges, user charges or other charges lawfully imposed by the City of Columbia Heights
with respect to the Property. Upon conveyance of the Property by the City, Developer
agrees to be responsible for payment of all recording fees and transfer taxes resulting from
the transfer of the Property.
4.04. Existing Improvements. The Developer will be responsible for removing any
existing structure, foundation and debris from the property and will assure that water and
sewer services are stubbed to the boulevard at no cost to the City. The Property is
currently vacant of any structure(s).
Section 5. City Undertakings.
5.01. None.
Section 6. Default.
6.01. Default. The failure to meet any condition of this Agreement shall be an event of
default.
6.02. Remedies. If an event of default occurs and is not cured within 30 days of receiving
written notice of said default, the City may take one or more of the following actions:
a. suspend performance under this Agreement;
b. terminate the Agreement, thereby rendering void
any promises or approvals contained in this Agreement;
c. retain bidder guarantee submitted as cash, cashier's
check, or money order in the amount of $1,000.00.
549 38~ Ave. NE
Page 3
Section 7. Notices.
7.01. Notices. All notices hereunder shall be in writing and either delivered personally or
mailed by certified mail, postage prepaid, addressed to the parties at the following
addresses:
City
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421-3878
Developer
Bellair Concept Homes, Inc.
614 West Lake St. #5
Minneapolis, MN 55408
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be
executed the day and year first above written.
CITY OF COLUMBIA HEIGHTS
By:
Its: Mayor
By:
Its: City Manager
DEVELOPER
By:
Developer
549 38~ Ave. NE
Page 4
STATE OF MINNESOTA )
COUNTY OF ANOKA )
On this __ day of ,1998, before me, a Notary Public within and for said
County, appeared to me personally known, who, being by me duly sworn, did say that
he/she is Joseph Sturdevant named in the foregoing instrument, the Mayor of Colum-
bia Heights, a body corporate and politic under the laws of the State of Minnesota, and
that this instrument was signed as his/her free act and deed.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
On this day of ,1998, before me, a Notary Public within and for said County,
appeared to me personally known, who, being by me duly sworn, did say that he is
Walter R. Fehst named in the foregoing instrument, the City Manager of the City of
Columbia Heights, a body corporate and politic under the laws of the State of Minnesota,
and that this instrument was signed as his free act and deed.
Notary Public
STATE OF MINNESOTA
COUNTY OF ANOKA
On this day of ,1998, before me, a Notary Public within and for said County,
appeared to me personally known, who, being by me duly sworn, did say that he/she is
named in the foregoing instrument, the
of A corporation organized and existing under
the laws of the State of Minnesota, and that this instrument was signed as his/her free act
and deed.
Notary Public
549 38~ Ave. NE
Page 5
Exhibit "A"
Lot 17, and the East Half of Lot 18, Block 83, Columbia Heights Annex to Minneapolis,
Anoka County, Minnesota, and the South Half of the vacated alley lying North and
adjacent thereto.
549 38~ Ave. NE
Page 6
Columbia Heights
Address Book
Address Book - First Revision
Section 35
sw
t35'40
.~LO.OJ__ ! 4004 I
--4003'~ ~n~ ~ , ~.
3909 ~
[ 3744
3743 :~
!281 230
~ 3930
Legend
~ Lot/?crcetLires
: Fffc~r Features
I 401 II 4100 ~ 0 ~ }410
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i 40i4 ~~ 14015 114022 40~3 ~
SUMMIT
A~
Ci~ of Columbia Heighls
G[S - .E. rgb~eering- Police
Date: CI3/13/1998
l:~olecti~me ~ [~"o,~ctLcx:~on: C:\GISDATA',C.,CRE'~t:~L::CTS Devek:o~fotColurr~aHe, cj~(Tr';..C~JcintPo.,a~)by~anSight, LLC,
R7TH
614 West Lake St. # 5
Minneapolis, MN. 55408
Tel: (6t2) 822-0367
Fa.,:: (612) 822-8634
September 14, 1998.
City Of Columbia Heights
Communi~, Development
,Attention: Joe Hotlnan
590 40m Av. NE.
Columbia Heights, MN 55421-3878
Dear Joe,
Thank you for sending the fax relating to the purchase and development of 2 lots located at:
545 and 549 38th Av. NE.
t propose to purchase each tot for $14,000 each and develop the 2 lots by building one 4 unit
apartment building. We estimate the final value of land and improvements to be
approximately $ 200,000.
Please let me know what you think.
Sincerely,
Pkitippe Petit
TNs is to inform you that I have not hired any Sub-Contractors before having obtained proof
of their liability insurance.
Regards,
'CITY OF COLUMBIA HEIGHTS
.~90 ~OTH AVENUE N.E., COLUMBIA HEIGHTS, MN $5421-3878 (612) 782-2800 TDD 782-2806
COMMUNITY DEVELOPMENT DEPARTMENT
Mayor
Donald G. $o~ly
Martaine Sa~x~k
Gary L. ~n
R~ W. Ru~
CIW M~er
September 15, 1998
Phillipe Petit
Betlair Concept Homes Inc.
614 West Lake St. #5
Minneapolis, MN 55408
Re: 545 and 549 384 Avenue NE
Dear Mr. Petit:
This tetter is in response to written correspondence from you dated September 14, 1998.
According to the information provided in that correspondence, you propose to purchase the two
properties at 545 and 549 38~' Avenue NE for $14,000 each and develop the two lots by building
one four-unit apartment building.
I would like to take this opportunity to address the proposed apartment building. The properties
in question are zoned R-2 which permits single and two-family dwellings. Multi-family is not
allowed as either a permitted or a conditional use. As a resuk, the proposed four-unit apartment
building would not be allowed. I have enclosed the section of the Columbia Heights Zoning
Ordinance pertaining to the R-2 District for your reference.
If you still wish to pursue the purchase of these two lots, you may submit a different request.
Please note that the City Council may have an increased interest in selling the property ff the offer
is in line with or exceeds the assessed valuation of the property. As of February, 1997, 545 and
549 384 Avenue NE were assessed at $19,000.00 each.
Feel free to contact me at 782-2856 if you have any questions or need additional information.
Sincerely,
/f~,,-,_..._.
Joe Hollman
City Planner
cc: Kenneth R. Anderson, Community Development Director
THE CItY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILItY IN EMPLOYMENT OR THE PROVISION OF SERVICES
614 West Lake St. # 5
Minneapolis, MN. 55408
Tel: (612) 822-0367
Fax: (612) 822-8634
September 17, 1998.
City of Columbia Heio~hts
Joe Hollman CiD' Planner
590 40t~ Ax,. NE
Columbia Heights, MN. 55421
Dear Mr. Hollman,
Thank you for your response regarding 545 and 549 38m Ay. NE.
I paid S9,000 for 538, $12,500 for 563 and $12,500 for 569.
Perhaps the ciD' assessor could reconsider the value of the lots. I am willing to raise my
offer to S14,500 and would construct either single familv homes or 2 family dwellings on
each lot.
Please let me know if this would work.
Sincerely,
Philippe
CITY COUNCIL LETTER
Meeting of: October 12, 1998
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: Community Development APPROVAL
ITEM: First Reading Ordinance 1378 Adopting the BY: Mel Collova BY:
Minnesota State Building Code DATE: October 5, 1998
NO:
Issue Statement: Adoption of the latest Minnesota State Building Code including the 1997 Uniform Building
Code with State Amendments.
Background: This Municipality is required to enforce this Code by Minnesota Statute 16B.62. and Minnesota
rule 1300.2100 as modified by chapter 1305. The latest edition of the Code has the exiting provisions completely
rewritten. The previous Code protected buildings and the new Code provides for timely exiting of occupants. It is
therefore less restrictive in the exiting chapter which has been totally rewritten. This major change will reduce the
cost of construction. Staff requests the adoption of Table l-A, the fee table. The present fee of $349.75 taken
from the 1994 Code for a $25,000 project would be increased to $391.25 an increase of just $41.50. On a large
project of $1,000,000 the building permit and plan review fee would increase from $8,270.21 to $9,254.44 an
increase of $534.23. The average residential permit with a building valuation of $10,000 would generate a fee of
$271.88 instead of the $243.38 current fee. An increase of just $38.50. The minimum fee for all permits including
mechanical and plumbing permits will be increased to meet the current minimum building permit fee of $35.00. It
should be remembered the fees should not increase again until the 2000 Code is adopted in 2001. As you will
remember earlier the Council approved the increase from the 1988 to the 1994 Code and when skipping periodic
upgrades, the increas~ does become considerable. It would be preferable to adopt the smaller, more frequent
increase.
Alternative 1:
Adopt the new Minnesota State Building Code without the fee increase (see attached current Table l-A).
Alternative 2:
Adopt the New Minnesota State Building Code with the fees as set forth in the revised Table 1-A (attached).
Staff recommends adoption of the draft ordinance and revised fee schedule Table 1-A.
Recommended Motion:
Move to Waive the Reading of Ordinance 1378, There being Ample Copies Available to the Public.
Recommended Motion: Move to Establish November 9, 1998, at Approximately 7:00 PM as the Second
Reading of Ordinance 1378, Adopting the Minnesota State Building Code Including Table 1-A.
Alternative Motion: Move to Establish November 9, 1998, at Approximately 7:00 PM as the Second Reading of
Ordinance 1378, Adopting the Minnesota State Building Code excluding Table 1-A.
COUNCI-[, ACTION:
TABLE 1-~A 1997 UNIFORM BUILDING CODE
relnspection fee in accordance with Table I-A or as set forth in the
fee schedule adopted by the jurisdiction.
In instances where reinspection fees have been assessed, no
additional inspection of the work will be performed until the re-
quired fees have been paid.
SECTION 109 -- CERTIFICATE OF OCCUPANCY
109.1 Use and Occupancy. No building or structure shall be
used or occupied, and no change in the existing occupancy classi-
fication of a building or structure or portion thereof shall be made
until the building official has issued a certificate of occupancy
therefor as provided herein.
F~XCEPTION: Group R, Division 3 and Group U Occupancies.
Issuance of a certificate of occupancy shall not be construed as
an approval of a violation of the provisions of this code or of other
ordinances of the jurisdiction. Certificates presuming to give au-
thority to violate or cancel the provisions of this code or other ordi-
nances of the jurisdiction shall not be valid.
109.2 Change in Use, Changes in the character or use of a build-
ing shall not be made except as specified in Section 3405 of this
code.
109.3 Certificate Issued. After the building official inspects the
building or structure and finds no violations of the provisions of
this code or other laws that are enforced by the code enforcement
agency, the building official shall issue a certificate of occupancy
that shall contain the following:
1. The building permit number.
2. The address of the building.
3. The name and address of the owner.
4. A description of that portion of the building for which the
certificate is issued.
5. A statement that the described portion of the building has
been inspected for compliance with the requirements of this code
for the group and division of occupancy and the use for which the
proposed occupancy is classified.
6. The name of the building official.
109.4 Temporary Certificate. If the building official finds that
no substantial hazard will result from occupancy of any building
or portion thereof before the same is completed, a temporary cer-
tificate of occupancy may be issued for the use of a portion or por-
tions of a building or structure prior to the completion of the entire
building or structure.
109.5 Posting. The certificate of occupancy shall be posted in a
conspicuous place on the premises and shall not be removed ex-
cept by the building official.
109.6 Revocation. The building official may, in writing, sus-
pend or revoke a certificate of occupancy issued under the provi-
sions of this code whenever the certificate is issued in error, or on
the basis of incorrect information supplied, or when it is deter-
mined that the building or structure or portion thereof is in viola-
tion of any ordinance or regulation or any of the provisions of this
code.
TABLE 1-A-...-BUILDING PERMIT FEES
TOTAL VALUATION FEE
S 1.00 to 5500.00 $23.50
5501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and
including $2,000.00
$2,1301.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to
and including $25,000.00
S25,001.00 to $50,000.00 $391.25 for the first $25,000~00 plus $ I 0.10 for each additional $ t,000.00, or fraction thereof,
to and including $50,000.00
$50,001.00 to S100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof,
to and including $100,000.00
SlO0,O01.O0 to S500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1 ,GOO.tX), or fraction thereof,
to and including $5~,000.00
S500,001.00 to $1,000,000.00 $3,233.75 for the fa-st $500,000.00 plus 334.75 for each additional $1,000.00, or fraction
thereof, to and including $1,000,000.00
$1,000,001.00 and up $5,608.75 for the fu'st $1,000,0~0.00 plus $3.65 for each additional $1,000.130, or fraction
thereof
Other Inspections and Fees:
1. Inspections outside of normal business hours
(minimum charge--two hours) ....................................................................... $47.00 per hourl
. Reinspecfion fees assessed under provisions of Sect/on 305.8 .................................................. $47.00 per hourI
· Inspections for which no fee is specifically indicated .............................................. $47.00 per hour1
(minimum charge---one-half hour)
4. Additional plan review required by changes, additions or revisions to plans
(minimum charge--one-half hour) ............................................... $47.00 per hour1
5. For use of outside consultants for plan checking and inspections, or both .................................................... Actual costs2
]Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of
the employees involved.
2Actual costs include administrative and overhead costs.
1-6
1994 UNIFORM BUILDING CODE
TABLE 1-A--BUiLDING PERMIT FEES
1-A
TOTAL VALUATION FEE
$1.00 to $500.00 $21.00
$501.00 to 52,000.00
S2t .00 for the first S500.00 plus S2.75 for each additional
S100.00. or fraction thereof, to and including $2,000,00
$2.001.00 to 525,000.00 S62.25 for the first $2,000.00 plus $12.50 for each additional
$t .000.00. or fraction thereof, to and including $25,000.00
$25,001.00 to S50,000.00 $349.75 for the first S25,000.00 plus $9.00 for each
additional S I.O00.O0, or fraction thereof, to and including
S50.000.00
$50,001.00 to $I00,000.00 S574.75 for the first S50,000.00 plus $6.25 for each
additional SI.O00.O0. or traction thereof, to and including
S 100.000.00
S IO0,OOI.O0 to S500.000.00 S887.25 for the first S I00.000.00 plus $5.00 for each
additional S 1.000.00. or fraction thereof, to and including
S500.000.00
S500,001.00 to S I,000.000.O0 $2.887.25 for the first S500,000.00 plus S4.25 for each
additional S 1.000.00. or fraction thereof, to and including
S 1.000,000.00
S i .000,001.00 and up
S5.012.25 for the first S t .000,000.00 plus S2.75 for each
additional SI .000.00, or traction thereof
Other Inspections and Fees:
1. Inspections outside of normal business hours ................................... $42.00 per hour*
(minimum charge--two hours)
2. Reinspection fees assessed under provisions of
Section 108.8 ............................................................ $42.00 per hour;'
3. Inspections for which no fee is specificallv indicated ............................. $42.00 per hour'~
(minimum charge---one-half hour)
4. Additional plan review required by changes, additions
or revisions to plans ....................................................... S42.00 per hour~
(minimum charge-~one-half hour)
5, For use of outside consultants for plan checking and
inspections, or both ......................................................... Actual co,,ts
*Or the total houri,,,, cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, o~ erflead. equipment, hourly wages and fringe benefits of the employees involved.
**Actual costs include administrative and overhead costs..
1-11
CITY OF COLUMBIA HEIGHTS
Ordinance No. 1378 Adopting the Minnesota State Building Code
BEING 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 ALL BUILDINGS AND/OR STRUCTURES IN
THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND
COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION
THEREOF; REPEALS ALL OF ORDINANCE 1344 AND ALL ORDINANCES AND PARTS
OF ORDINANCES THAT CONFLICT THEREWITH.
The City of Columbia Heights does ordain:
Section 1. Application, Administration 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 1 when so established by this ordinance.
The code enforcement agency of the City of Columbia Heights is called the Protective Inspections
Department.
A Minnesota certified Building Official must be appointed by th_is 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 16B.62 subdivision 1 and as provided for in chapter 1 of the
1997 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 the 1997
Uniform Building Code Table No. 1-A of this 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.
The code is hereby incorporated in this ordinance as if fully set out herein.
A. The Minnesota State Building Code includes the following chapter of Minnesota
Rules:
1. 1300 Minnesota Building Code
2. 1301 Building Official Certification
o
1302 State Building Construction Approvals
1305 Adoption of the 1997 Uniform Building Code including appendix
Chapters.
ao
£
5. 1307
6. 13t5
7. 1325
8. 1330
9. 1335
10. 1340
11. 1346
12. 1350
13. 1360
14. 1361
15. 1370
16. 4715
17. 7670
3, Division I, Detention and Correctional Facilities
12, Division II, Sound Transmission Control
15, Reroofmg
16, Division I, Snowload Design
29, Minimum Plumbing Fixtures
31, Division II, Membrane Structures
Elevators and Related Devices
Adoption of the 1996 National Electrical Code
Solar Energy Systems
Fallout Shelters
Floodproo£mg Regulations
Facilities for the Handicapped
Adoption of the 1991 Uniform Mechanical Code
Manufactured Homes
Prefabricated Buildings
Industrialized/Modular Buildings
Storm Shelters (Manufactured Home Parks)
Minnesota Plumbing Code
Minnesota Energy Code
Bo
The City of Columbia Heights may adopt by reference all of the following optional
appendix chapters of the 1997 Uniform Building Code as authorized by Minnesota
rule part 1305.0020 subpart 2: 3, Division III, 1992 One and Two Family
Dwelling Code; 33, Excavation and Grading.
The following optional appendix chapters of the 1997 Uniform Building Code are
hereby adopted and incorporated as part of the building code for the City of
Columbia Heights.
1. 1992 One and Two Family Dwelling Code
2. Excavation and Grading
Section 5: This Ordinance shall be in full force and effect from and after thirty (30) days after its
passage.
Offered by:
Seconded by:
Roll Call:
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
First Reading:
Second Reading:
Date of Passage:
g:~nelXOrdinance 1378BldgCode
CITY OF COLUMBIA ~EIGFITS
TO:
FROM:
DATE:
RE:
WALT FEHST, CITY MANAGER
MAYOR STURDEV~
COUNCILMEMBER JOLLY
COUNCILMEMBER PETERSON
COUNCILMEMBER SZUREK
COUNCILMEMBER RUETTIMANN
JIM HOEFT, CITY ATTORNE~
OCTOBER 7, 1998
ENFORCEMENT OF CHAPTER 1306 OF TI-[E 1995 STATE BUILDING
CODE
This issue involves the intent of the council in adopting the 1995 State Building Code (SBC). It
appears that when the SBC was presented to the council for adoption, Chapter 1306 was included
in error. This is confirmed by Mel and acknowledged by the Fire Department. The question has
now arisen as to how Chapter 1306 should be enforced, if at all. Information provided to me
indicates that in fact this chapter has not been applied to any projects since adoption of the 1995
SBC. Apparently this non-enforcement was based on the knowledge that the adoption of 1306
was in error. This issue now presented involves review of a currem project and how Chapter
1306 affects that review.
If, in fact, Chapter 1306 was adopted in error, then the city is not obligated to enforce the same
even though it may appear on the books. A local governmental body is not obligated to legislate
by accident. If the city now chose to enforce Chapter 1306 on the current project, the city would
be exposing itself to liability for arbitrary enforcement.
It would be my recommendation to resolve that Chapter 1306 was adopted in error. Review the
current project accordingly, and discuss adoption of the newly revised SBC at a subsequent point
and time.
Cb