Loading...
HomeMy WebLinkAbout07-11-2016• . • • • 1 WKS1001 LT The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday July 11, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota 1. CALL TO ORDER Mayor Peterson called the meeting to order at 7:07 p.m. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Williams (arrived at 7:47), Schmitt and Murzyn, Jr. Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Kelli Bourgeois; Human Resource Director /Assistant to the City Manager; Gary Gorman; Fire Chief, Joe Kloiber; Finance Director, Keith Dahl; Economic Development Manager, Renee Dougherty; Library Director, Nick Oberding; Library Clerk -Adult Services and Katie Bruno; City Clerk /Council Secretary 3. INVOCATION Invocation provided by Kelsey Johansen, Heights Church 4. PLEDGE OF ALLEGIANCE S. ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) Mayor Peterson announced item 8A is being removed; the property was brought into compliance. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Recognition of Nathan Smoka: 2016 Sister Cities Showcase of Young Artist winner Mayor Peterson presented Nathan Smoka with a certificate from Sister Cities International, and congratulated him on receiving the award. B. Introduction of new library staff member, Nick Olberding Renee Dougherty; Library Director introduced Nick Oberling, recently hired as Clerk Typist -Adult Services. Mayor Peterson announced Heights Art Fest will take place on Wednesday July 20th at Murzyn Hall rom 6:00- 9:00 PM. (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of June 27, 2016 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the minutes of the Planning & Zoning meeting of April 6, 2016 C. Consideration of Resolution 2016 -60 authorizing, approving, and adopting an Amended and Restated Program for a Multifamily Housing Development pursuant to MN Statutes, Chapter 462 MOTION: Move to waive the reading of Resolution 2016 -60, there being ample copies available to the public. MOTION: Move to adopt City of Columbia Heights, Minnesota, Resolution 2016 -60, being a resolution authorizing, approving, and adopting an amended and restated program for a multifamily housing development pursuant to Minnesota Statutes, Chapter 462. D. Recreation Seasonal Wage Adjustment MOTION: Move to waive the reading of Resolution 2016 -61, there being ample copies available to the public MOTION: Move to adopt Resolution No. 2016 -61, being a resolution setting seasonal wages for recreation seasonal staff effective August 1, 2016 E. Estoppel Amendment to Purchase Agreements for Solar Power at Municipal Service Center, Public Safety and Library MOTION: Move to approve the Estoppel Amendment to the Solar Power Purchase Agreement dated November 17, 2015 with New Energy Equity for the Municipal Service Center, Public Safety and Library F. Ratification of the Development Contract for Plat of Huset Park Senior Living MOTION: Move to waive the reading of Resolution No. 2016 -62, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -62, a resolution ratifying approval of a revised Development Contract for Plat of Huset Park Senior Living, Anoka County MN, between the City of Columbia Heights and Columbia Heights Leased Housing Associates I, LLLP. G. First Amendment to Second Amended and Restated Contract for Private Redevelopment MOTION: Move to waive the reading of Resolution No. 2016 -63, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -63, approving a First Amendment to the Second Amended and Restated Contract for Private Redevelopment between the City of Columbia Heights, the Columbia Heights Economic Development Authority, and Columbia Heights Leased Housing Associates I, LLLP H. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for July 11, 2016. 1. Payment of Sills *Removed for discussion Councilmember Schmitt requested Item I be removed for discussion. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to approve the consent agenda items A, B, C, D, E, F, G and H. All Ayes, Motion Carried. The following item was removed for discussion: 1. Payment of Sills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 161857 through 162032 in the amount of $1,587,848.45. Councilmember Schmitt had a series of questions regarding expenses for the recent trip to Denver for the National Civic League All America City Awards, City Manager Walt Fehst reported the approximate cost for the busride is $7,920 and approximately $2,500 for registration. Councilmember Schmitt requested clarification on the cost of the hotel rooms. Manager Fehst stated it was about $14,000; which was immediately reimbursed by the Columbia Heights Activity Fund. The citizens of Columbia Heights participated in various fundraising events that contributed to the Activity Fund. Councilmember Schmitt questioned the benefits associated with membership in the National Civic League. Manager Fehst reported membership allow cities to stay connected, as well as providing opportunities for idea sharing through several committees. Councilmember Schmitt stated that the total cost of approximately $24,000 should have been submitted for council discussion and approval, as expenditures greater than $15,000 require council approval. Manager Fehst clarified that the estimated hotel invoice of $14,000 will be reimbursed from the Columbia Heights Activity Fund, and discussions regarding the bus ride were discussed at prior worksessions and meetings. Councilmember Schmitt asked how the attendees were selected. Mayor Peterson reported any adult who chose to go and pay their own expenses were welcome, and the students who attended are choir members whose expenses were covered. Mayor Peterson expressed his pride in the City, noting this award is a positive attribute for the city's image. Finance Director Joe Kloiber explained the school district paid for portions of the event. Kloiber also noted that the Activity Fund had intended on paying for the hotel, up until the last minute; clarifying this would not have allowed time for council consideration. Councilmember Schmitt stated that she thinks this should have been presented for council consideration. Councilmember Schmitt questioned a recent hotel charge for a Mayor's Conference in Bloomington, asking what the City's policy is regarding local conferences. Director Kloiber said he would look into the Personnel Policy. Manager Fehst commented that this is a rare occurrence. Councilmember Nawrocki questioned the $750 charge for a piano player at the Library grand opening. It was determined that it was actually a band, as well as children's musical activities. Councilmember Nawrocki requested an update on the total paid out for the new library. City Manager Walt Fehst said he would get that information for the council. Councilmember Nawrocki questioned if the library intends to reduce staffing, as mentioned earlier. City Manager Walt Fehst stated reduction in personnel was not discussed. Councilmember Schmitt indicated that staff reduction could be possible once the Automatic Materials Handler is installed. Councilmember Nawrocki commented that the Annual Report received from the auditor was confusing, and the City's monthly reports are easier to read. Councilmember Nawrocki questioned why the parade is not on airing on Channel 16 yet. Manager Fehst reported we have not received our copy of the DVD yet. Motion by Councilmember Nawrocki, seconded by Councilmember Schmitt to approve the list of claims paid covering check number 161857 through 162032 in the amount of $1,587,848.45 8. PUBLIC HEARINGS 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. Approve Settlement Agreement and Release, and authorize payment regarding a PERA Disability Claim Motion by Councilmember Murzyn Jr., seconded by Councilmember Williams to approve the Settlement Agreement and Release, and authorize payment in the amount of $37,500 for all past and future health insurance coverage and benefits in accordance with Minn. Stat. §299A.465 for a former Columbia Heights employee. All Ayes, Motion Carried. b. Adopt Ordinance No. 1628 being an Ordinance amending Chapter 8, Article IV of City Code. Fire Chief Gary Gorman explained this is the second reading related to the adoption of appendices. Councilmember Schmitt asked if any of the changes are known at this time. Gorman reported that although there are several, many would not apply to the City of Columbia Heights. Motion by Councilmember Murzyn Jr., seconded by Councilmember Williams to waive the reading of Ordinance No. 1628, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn Jr., seconded by Councilmember Williams to adopt Ordinance No. 1628 being an Ordinance amending Chapter 8, Article iV of City Code of 2005 relating to the adoption of the Minnesota State Fire Code. All Ayes, Motion Carried. c. Second Reading of Ordinance No. 1629 Amending Chapter 10, Sections 95, 96, 98 & 99 of the City's Charter pertaining to Franchises City Attorney James Hoeft explained the proposed changes will update the charter to reflect recommendations from the City's Franchise Attorney. Motion by Councilmember Williams, seconded by Councilmember Nawrocki to waive the reading of the Ordinance No. 1629, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to adopt Ordinance No. 1629, being an ordinance amending Chapter 10, Sections 95, 96, 98 & 99 of the City's Charter pertaining to Franchises. All Ayes, Motion Carried. d. Second Reading of Ordinance No. 1630 Amending Chapter 4, Section 28a pertaining to Candidate Filing Fees. City Attorney James Hoeft explained the Charter Commission recommended the increase based on the inflationary index. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of the Ordinance No. 1630, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Ordinance No.1630, being an ordinance amending Chapter 4, Section 28a pertaining to Candidate Filing Fees. All Ayes, Motion Carried. B. Bid Considerations C. New Business and Reports City Manager Walt Fehst explained the decision was made to use City funds for the All America City hotel costs in order to be exempt from sales tax, knowing that the Activity Fund would reimburse the city. Fehst stated that this is a prestigious award, and the City deserves a "pat on the back," and apologized to the council if he was abrupt earlier in the meeting. Councilmember Nawrocki requested the addresses on the lots on 38th between Quincy and Jefferson. Manager Fehst will look into it. Councilmember Nawrocki requested the City Manager communicate with the school district regarding the James LaBelle memorial. Manager Fehst has talked to the school district, and believes they plan to do a separate memorial, but will look into it. Councilmember Nawrocki commented that there is a large pothole on Tyler and 50th, on the Tyler side. Manager Fehst will look into it. Councilmember Nawrocki questioned what caused the elevation difference at the property at 4860 Monroe - -is the house too low or is the street too high? Manager Fehst will look into it. 11. CITIZENS FORUM Frost Simula, 1700 491h Avenue asked what preventative action the City is taking in light of the recent police shootings. Manager Fehst reported the police department works diligently with the youth of the City, and indicated many positive outcomes have occurred. Fehst described Chief Nadeau as one of the best he has ever worked with. Manager Fehst thanked Mr. Simula for his commitment to the City, Mayor Peterson, Councilmember Williams and Councilmember Nawrocki also commended Chief Nadeau, and the police department. Steve Iserman, 662 40th Ave NE asked what the city plans to do with the recently acquired property at 666 40th Ave NE? Manager Fehst indicated the intent is to remove the structure and construct an entrance to Huset Park. Manager Fehst reminded the council that a group form Lomianki, Poland will be visiting August 2 -8. Amada Sullivan, 1700 49th Ave NE suggested some evening events be scheduled to allow more of the community to meet the Lomianki group. 12. ADJOURNMENT Mayor Peterson reminded us to remember our service men and women, and our police officers and fire fighters, and to keep them in our thoughts and prayers. Me6tiing adjourned? at 8:35 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk RESOLUTION 2016 -60 AUTHORIZING, APPROVING, AND ADOPTING AN AMENDED AND RESTATED PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C WHEREAS, the City of Columbia Heights, Minnesota (the "City ") is a home rule charter city duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act "), the City is authorized to carry out the public purposes described in the Act by issuing revenue bonds or other obligations to finance or refinance multifamily housing developments located within the City, and as a condition to the issuance of such revenue bonds, adopt a housing program providing the information required by Section 462C.03, subdivision 1a, of the Act; and WHEREAS, pursuant to Section 462.04, subdivision 2, a public hearing must be held on a proposed housing program and the city must submit the housing program to the Metropolitan Council on or before the day on which notice of the public hearing is published for review and comment on: (i) whether the housing program furthers local and regional housing policies and is consistent with the Metropolitan Development Guide, and (ii) the compatibility of the housing program with the housing portion of the comprehensive plan of the city, if any; and WHEREAS, Columbia Heights Leased Housing Associates I, LLLP, a Minnesota limited liability limited partnership (the "Borrower"), has requested that the City issue its multifamily housing revenue obligations under the Act and lend the proceeds thereof to the Borrower to finance the following: (i) the construction and equipping of a multifamily housing facility comprised of 191 affordable independent - living rental apartments to be located in a four -story building, together with related common amenity spaces over one floor of underground parking, including a party room, theatre, fitness center, cards /crafts room, salon, library and a landscaped patio, to be located at 3700 5th Street NE in the City to be known as Lily Gables (the "Project "); (ii) the funding of one or more reserve funds to secure the timely payment of the multifamily housing revenue obligations; (iii) the payment of a portion of the capitalized interest on the multifamily housing revenue obligations; and (iv) the payment of the costs of issuing the multifamily housing revenue obligations; and WHEREAS, following a duly noticed public hearing held on October 26, 2016 in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code ") and the Act, the City Council adopted Resolution 2015 -86 (the "Preliminary Resolution ") under the terms of which the City: (i) granted preliminary approval to the issuance of multifamily housing revenue obligations in the approximate principal amount of $32,000,000 under the terms of the Act to finance the Project; (ii) authorized the submission of an application to the Minnesota Department of Management and Budget ( "MMB ") for an allocation of bonding authority under Minnesota Statutes, Chapter474A, as amended (the "Allocation Act ") as required by Section 146 of the Code; and (iii) acknowledged the preparation of a housing program (the "Original Housing Program" or "Program ") to authorize the issuance by the City of multifamily housing revenue obligations in the aggregate principal amount of approximately $32,000,000 to finance the acquisition, construction, and equipping of the Project in accordance with the requirements of the Act and the submission of the Housing Program to the Metropolitan Council for its review and comment; and WHEREAS, the Original Housing Program provided that all housing units within the Project shall be occupied by at least one person who is at least 55 years of age at the time of initial occupancy and that the City would by resolution authorize, issue and sell its revenue bonds in one or more series in an aggregate principal amount of approximately $32,000,000 to finance the Program; and WHEREAS, the Original Housing Program was submitted to the Metropolitan Council for its review and comment in accordance with the requirements of Section 462C.04, subdivision 2 of the Act, and by a letter dated December 21, 2015, the Metropolitan Council informed the City that it had completed its review of the Program and provided its comments; WHEREAS, following a duly noticed public hearing held on March 14, 2016 in accordance with the requirements of Section 147(f) of the Code and the Act, the City Council adopted Resolution No. 2016 -24 (the "Bond Resolution "), under the terms of which the City: (i) adopted, ratified and approved the Original Housing Program; (ii) ratified the authorization granted pursuant to the Preliminary Resolution with respect to the submission of an application for allocation of bonding authority pursuant to Section 146 of the Code and the Allocation Act; (iii) authorized the issuance, sale, and delivery of its multifamily housing revenue obligations in an increased maximum aggregate principal amount not to exceed $35,000,000 (the "Series 2016 Obligations ") upon receipt of an allocation of bonding authority from MMB; (iv) approved the forms of financing documents on file with the City and prepared in connection with the Series 2016 Obligations (the "Financing Documents "), and authorized and directed the delivery of the same; (v) obligated the Borrower to pay the administrative fee of the City in accordance with the terms of the Financing Documents; and (vi) granted to the Mayor of the City and the City Manager and such other officials of the City who execute and deliver the Series 2016 Obligations and related documents, Kennedy & Graven, Chartered ( "Bond Counsel "), other attorneys, engineers, and other agents or employees of the City the authority to do all acts and things required of them by or in connection with the Bond Resolution, the Financing Documents, and the Series 2016 Obligations; and WHEREAS, the Borrower desires to modify the occupancy restrictions of the Project and thereby amend the Original Housing Program to provide that not more than eighty percent (80 %) of the housing units within the Project shall be occupied by at least one person who is at least 55 years of age at the time of initial occupancy and not more than twenty percent (20 %) of the housing units within the Project shall be occupied by at least one person who is at least 50 years of age at the time of initial occupancy; and WHEREAS, the Borrower has requested that the City also amend the Original Housing Program to provide for the issuance of the Series 2016 Obligations in the maximum aggregate principal amount not to exceed $35,000,000, in accordance with the Bond Resolution; and WHEREAS, Bond Counsel, on behalf of the City, has prepared a draft Amended and Restated Program for a Multifamily Housing Development (the "Amended Housing Program "), in the form now on file with the City, that amends the Original Housing Program by: (i) providing that not more than eighty percent (80 %) of the housing units within the Project shall be occupied by at least one person who is at least 55 years of age at the time of initial occupancy and not more than twenty percent (20 %) of the housing units within the Project shall be occupied by at least one person who is at least 50 years of age at the time of initial occupancy and; (ii) authorizing the issuance by the City of up to $35,000,000 in revenue bonds to finance the acquisition, construction, and equipping of the Project by the Borrower; and WHEREAS, the proposed amendments to the Original Housing Program, as set forth in the Amended Housing Program, do not constitute material changes from the Original Housing Program submitted to the Metropolitan Council other than changes in the financial aspects of the proposed Series 2016 Obligations, and are not inconsistent with the comments of the Metropolitan Council to the Original Housing Program under Section 462C.04, subdivision 2 under the Act; therefore the City is not required to resubmit the Amended Housing Program to the Metropolitan Council for review and comment and a public hearing is not required to be held on the Amended Housing Program before the City may adopt the Amended Housing Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AS FOLLOWS: 1. The Amended Housing Program, in the form now on file with the City, is hereby authorized, approved and adopted in all respects. The preparation of the Amended Housing Program is hereby ratified, confirmed, and approved. The City Manager is hereby authorized to do all other things and take all other actions as may be necessary or appropriate to carry out the Amended Housing Program in accordance with the Act and any other applicable laws and regulations. Pursuant to the Amended Housing Program, not more than eighty percent (80 %) of the housing units within the Project shall be occupied by at least one person who is at least 55 years of age at the time of initial occupancy and not more than twenty percent (20 %) of the housing units within the Project shall be occupied by at least one person who is at least 50 years of age at the time of initial occupancy. 2. This resolution shall be in full force and effect from and after its approval. 2016 -61 ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY PART -TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS POSITIONS, SEASONAL /TEMPORARY RECREATION POSITIONS, AND INTERNS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non- Unionized City Employees effective January 1, 1980 (Resolution 80 -47), which indicated that on an annual basis, changes may be adopted in Wage Ranges; and WHEREAS, effective August 1, 2016 the State of Minnesota minimum wage is being increased from the current $9.00 per hour to $9.50 per hour. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes new wage ranges for non - unionized seasonal /temporary Recreation positions as indicated on Schedule III, which is attached and on file in the office of the City Manager; and BE IT FURTHER RESOLVED that such schedule be effective August 1, 2016. 2016 -62 A resolution of the City Council of Columbia Heights, Minnesota, Ratifying Approval of a Revised Development Contract for Plat of Huset Park Senior Living, Anoka County MN, Between the City of Columbia Heights and Columbia Heights Leased Housing Associates I, LLLP. WHEREAS, the City Council of Columbia Heights (the "City Council ") previously approved the Development Contract for Plat of Huset Park Senior Living (the "Contract ") on January 11, 2016, subject to modifications that do not alter the Contract; and WHEREAS, the Contract has not been fully executed; and WHEREAS, Columbia Heights Leased Housing Associates I, LLLP (the "Redeveloper ") has proposed to revise Section 8.1 and Exhibit B of the Contract to extend the letter of credit expiration date and completion dates due to financial delays. These revisions constitute a modification to the Contract, and as such requires the approval by the City Council; and WHEREAS, the City Council has reviewed he Contract as proposed to be revised and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest for the City and its residents; and NOW, THEREFORE BE IT RESOLVED that the City Council authorizes the Mayor and the City Manager to execute the Development Contract for Plan of Huset Park Senior Living, Anoka County MN with Columbia Heights Leased Housing Associates I, LLLP on behalf of the City of Columbia Heights. 2016 -63 RESOLUTION APPROVING A FIRST AMENDMENT OF A SECOND AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS, AND COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES I, LLLP BE IT RESOLVED BY the City Council (the "Council ") of the City of Columbia Heights, Minnesota (the "City ") as follows: Section 1. Recitals. • Pursuant to its authority under Minnesota Statutes, Sections 469.090 to 469.1082 and 469.174 to 469.1794, as amended, the Columbia Heights Economic Development Authority (the "Authority "), with the approval of the City, created the Huset Park Tax Increment Financing District within its Downtown CBD Redevelopment Project (the "Project "), for the purpose of facilitating the redevelopment of certain substandard property within the Project. • the Authority, the City, and Columbia Heights Leased Housing Associates I, LLLP (the "Redeveloper ") entered into that certain Second Amended and Restated Contract for Private Redevelopment dated as of October 30, 2015 (the "Contract "), amending and restating certain prior agreements and providing, among other things, for the construction by the Redeveloper of certain improvements (the "Minimum Improvements ") on the property legally described within the Contract (the "Redevelopment Property "), and the disbursement of an administrative fee by the Redeveloper to the Authority (the "Administrative Fee ") in connection with the issuance by the Authority of its Tax Increment Revenue Refunding Bonds ( Huset Park Area Redevelopment Project), Series 2016 (the "Bonds "). The parties have negotiated and propose to execute a First Amendment to the Contract (the "First Amendment ") to clarify the definition of "Minimum Improvements," to extend the required deadlines for the commencement and completion of construction of the Minimum Improvements, and to designate an extended deadline for payment of the Administrative Fee. Section 2. First Amendment Approved. • The First Amendment as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the First Amendment by such officials shall be conclusive evidence of approval. 482535v1 MNI CL205 -23 • The Mayor and City Manager are hereby authorized to execute on behalf of the City the First Amendment and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City, its obligations thereunder. ° City staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Adopted by the City Council of the City of Columbia Heights this July 11, 2016. Ord 1628 BEING AN ORDINANCE AMENDING CHAPTER 8, ARTICLE IV, CITY CODE PERTAINING TO THE ADOPTION OF THE MINNESOTA STATE FIRE CODE The City of Columbia Heights does ordain: Chapter 8, Article IV of the Columbia Heights City Code, which currently reads to wit: 8.401 GENERAL PROVISIONS. (A) Codes adopted by reference. The Minnesota State Fire Code, as adopted by the Commissioner of Public Safety through the Division of the Fire Marshal, pursuant to M.S. Ch. 299F.011, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Public Safety through the Fire Marshal Division is hereby adopted by reference with the exception of the optional appendices, unless specifically adopted herein. The Minnesota State Fire Code is hereby incorporated in this section as if fully set out herein. (B) Application, administration and enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Fire Code. The code shall be enforced within the extraterritorial limits permitted by M.S. Ch. 299F.011, when so established by this section. The code enforcement agency of the city is the Columbia Heights Fire Department. (C) Permits and fees. The issuance of permits and the collection of fees shall be as authorized in M.S. Ch. 299F.011. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the city by resolution. (D) Violations and penalties. A violation of the code is a misdemeanor pursuant to M.S. Ch. 299F.011. (E) Fire Code optional appendices. The Minnesota State Fire Code, established pursuant to M.S. Ch. 299F.011 allows the municipality to adopt by reference and enforce certain optional appendices of the most current edition of the Minnesota State Fire Code. The following optional appendices identified in the most current edition of the State Fire Code are hereby adopted and incorporated as part of the Fire Code for this municipality: Appendices D, E, F, G, H, and I. Is hereby amended to read as follows: 8.401 GENERAL PROVISIONS. (A) Codes adopted by reference. The Minnesota State Fire Code, as adopted by the Commissioner of Public Safety through the Division of the Fire Marshal, pursuant to M.S. Ch. 299F.011, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Public Safety through the Fire Marshal Division is hereby adopted by reference with the exception of the optional appendices, unless specifically adopted herein. The Minnesota State Fire Code is hereby incorporated in this section as if fully set out herein. (B) Application, administration and enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Fire Code. The code shall be enforced within the extraterritorial limits permitted by M.S. Ch. 299F.011, when so established by this section. The code enforcement agency of the city is the Columbia Heights Fire Department. (C) Permits and fees. The issuance of permits and the collection of fees shall be as authorized in M.S. Ch. 299F.011. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the city by resolution. (D) Violations and penalties. A violation of the code is a misdemeanor pursuant to M.S. Ch. 299F.011. (E) Fire Code optional appendices. The Minnesota State Fire Code, established pursuant to M.S. Ch. 299F.011 allows the municipality to adopt by reference and enforce certain optional appendices of the most current edition of the Minnesota State Fire Code. MuRic-iPality.: -Ad . Optional appendices of the most current edition of the Minnesota State Fire Code may be adopted by Council Resolution. Ord 1629 The City of Columbia Heights does ordain: SECTION 1: Chapter 10, Sections 95, 96, 98 and 99 of the Charter of the City of Columbia Heights is amended as follows: Section 95. PUBLICATION OF FRANCHISES. Every ordinance granting or extending any franchise shall contain all the terms and conditions of the franchise. A franchise shall be without any validity whatever until it has been accepted by the grantee, and until it has been given adequate publicity, either by publication of the fFaRGhise YeFbatim a summary franchise ordinance in the official paper of the City for fir two successive weeds publications after its passages, er and by t4 posting of the summary ordinance in City Hall and the City Library for a period of thirty days after its passage. Section 96. TERM OF FRANCHISES LIMITED. No perpetual franchise shall ever be granted, nor shall any franchise be granted for a longer term than t-weRty five fifteen years. • ' Met N -- I WAIR ., . Section 99. SECTION 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Ord 1630 BEING AN ORDINANCE AMENDING CHAPTER 4, SECTION 28a OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO CANDIDATE FILING FEES The City of Columbia Heights does ordain: SECTION 1: Chapter 4, Section 28a of the Charter of the City of Columbia Heights is amended as follows: Section 28a. THE PRIMARY ELECTION. A primary municipal election shall be held on the date established by Minnesota State Law of any year in which a municipal general election is to be held for the purpose of electing officers, at the same place or places as general elections are held and like officers shall preside at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election. The candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number of vacancies to be filled, and no other name shall be placed upon the ballot for such general election than the candidates selected at said primary election. When not more than twice the number of individuals to be elected to a municipal office file for nomination to any municipal office, no primary shall be held, and the names of those having filed shall be placed on the municipal general election ballot as the nominee for that office. Any person desiring to become a candidate for an elective office in the general municipal election shall file with the city clerk at least fifty -six days prior to but not more than seventy days prior to said primary municipal election an affidavit of such candidacy as set forth in Minnesota Statutes 2046.06, subd. 1, and shall pay to the City Clerk the sum of &ve Fifteen Dollars for which the City Clerk shall give a receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the officers to be nominated, by posting a notice thereof in at least three of the most public places in each election district in the city or by publication of a notice thereof at least once in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate such election. (Ordinance No. 1300, passed April 10, 1995) (Ordinance No. 1596, passed on May 9, 2011) SECTION 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage.