Loading...
HomeMy WebLinkAboutFebruary 13, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL FEBRUARY 13, 2006 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 13, 2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDERlROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Pastor Dave Briley, Oak Hill Baptist Church gave the Invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONSillELETIONS TO MEETING AGENDA - none PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS 150th Anniversary of the Anoka County Paul Pierce III, President of the Anoka County Historical Society introduced Bob Guzy, Katherine Vesley and himself. He stated that on May 23,2007 the County will celebrate its Sesquicentennial (150 years). He asked that the City of Columbia Heights help spread the word and suggested coordinating a local event for this commemoration. There will be a wagon train that will travel through the County for four days and there are vacancies for ten people to join this tour. A big celebration will be held in downtown Anoka. The planning committee hopes to coordinate simultaneous fireworks in each town and township in the County. Pierce suggested a contact person be appointed to assist the committee. He listed the Historical Society phone number (763-421-0600) for anyone interested in assisting with the event. Pierce stated that the Anoka County Historical Society would like to increase their collection of historical infonnation from Columbia Heights, indicating that items can be donated or copied by them. Vesley stated that the Columbia Heights Library also collects donated items or items for reproduction and returns them. Guzy indicated his part in the celebration. Nawrocki stated that Columbia Heights was originally part of Man om in County then became part of Anoka County. He stated that our historical society has not met in a while, but suggested they spearhead the local participation, including Becky Loader, Library Director. Vesley indicated that the local society has been quiescent but has still collected items. Guzy asked that the Council write a letter to the group requesting their participation. He suggested including infonnation on our Sister City, and people like Al Bakken. Guzy asked for consideration of a fireworks budget for the event. Nawrocki indicated that Guzy headed the 200th Anniversary of the Constitution celebration. Pierce thanked the City of Columbia Heights for their help and participation. He suggested involving other civic groups like the VFW. Miscellaneous Peterson stated that on Saturday he attended the celebration of life for Bob Hinrichs. He was well known in Columbia Heights, was a great family man and we are sorry to lose him. Nawrocki stated that he and Bob grew up together. Bob served the city for ten years on the Planning and Zoning COlmnission and was on the Downtown Development Council for five years. Williams stated that one of his children is a Columbia Heights Firefighter. City Council Minutes February 13, 2006 Page 2 of 12 CONSENT AGENDA 1) Approve City Council Meeting Minutes ofthe January 23,2006 regular City Council meeting and January 30 special City Council meeting. a) Motion to approve the minutes of the January 23,2006 regular City Council meeting as presented. Nawrocki indicated the correct name spelling ofthe deceased was Hoch and her grandson was elected to the Legislature. He reported the passing of William Ashford and that he had served on our Planning and Zoning Commission. b) Motion to approve the minutes ofthe January 30,2006 special City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes ofthe October 25, 2005 Housing and Redevelopment Authority meeting. b) Motion to accept the minutes of the November 22,2005 Economic Development Authority meeting. c) Motion to accept the minutes of the January 3,2006 Library Board meeting. d) Motion to accept the minutes ofthe January 19, 2006 Telecommunications Commission meeting. e) Motion to accept the minutes of the January 19,2006 Charter Commission meeting. 3) Establish Work Session meeting date for Monday, February 27,2006, beginning at 6:00 p.m. in Conference Room 1. Motion to establish a Work Session meeting date for Monday, February 27,2006 beginning at 6:00 p.m. in Conference Room 1. Fehst stated this would be a one hour meeting to discuss a possible cul-de-sac for an avenue in town, naming of streets in the industrial area and renaming of city streets that have one-half numbers. Nawrocki questioned if streets are renamed, does that changes the legal description. Hoeft stated the PIN number does not change and it is not a legal status change. Fehst suggested members bling to the meeting possible street names for the second phase development of the industlial area. Williams asked how many street names are needed. Peterson stated staff would include a map in the packet information. 4) Establish Board of Review hearing date for May L 2006, beginning at 7:00 p.m. in the City Council Chambers. Motion to establish a Board of Review healing date for May 1, 2006 beginning at 7:00 p.m. in City Council Chambers. 5) Approve Joint Powers Agreement with Anoka County "cities" for street maintenance Motion to approve the Joint Powers Agreement between the cities of Andover, Brooklyn Center, Columbia Heights, Coon Rapids, Flidley and Ham Lake for the joint public bidding of ce1tain street maintenance activities and autholize the Mayor and City Manager to enter into an agreement for the same. Fehst stated this is the second year of the joint venture. Nawrocki referred to Councilmember's contact with Mr. Medlo on University frontage road maintenance from 45th to 53rd. This street is split between Columbia Heights and Fridley. Ifwe are to be in a cooperative agreement, we should discuss how to improve this section of road and attempt to include it in the scope of street repair City Council Minutes February 13,2006 Page 3 of 12 work this year. Fehst stated the street does need repair. We could consider annexation because we can not legally assess those outside of our city. Nawrocki gave the history ofthe road and spoke of failed road maintenance, the fence and landscape screening. Fehst stated that trees were cut down along this area and residents were upset that they were not replaced. Hansen stated he had prepared a report with the recOlmnendation to seal coat the roadway, with significant patching prior to that. If Council wishes to do repairs, the cost would have to be assessed. The current contract allows additions, but this would require a public hearing. The area south of 46th Avenue needs more work than the area north of there. Sealcoating would work for eight years. Diehm, Kelzenberg and Williams agreed to have the road work done. Williams suggested meeting with the DOT to request repair ofthe fence, or request assistance from Tony Pestellie, Met Council Representative. Fehst stated that Representative Goodwin will present a bill to maintain the location. Hansen stated that he would begin the process. Nawrocki questioned why 40th to 45th would not be done. Hansen stated that area was studied and requires more work and would fall within reconstruction work done in four or five years. Peterson suggested if the work can not be done this year we should do it next year. 6) Accept the Feasibility Report for the addition of athletic field lighting at Prestemon Park - Removed 7) Approve Business License Applications Motion to approve the items as listed on the business license agenda for February 13,2006 as presented. 8) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 115815 through 116043 in the amount of$I,876,371.04. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items, with the exception of #6. Upon vote: All ayes. Motion carried. 6. Accept the Feasibility Report for the addition of athletic field lighting at Prestemon Park Nawrocki objected. This is a residential neighborhood and would cause light, noise and inconvenience to residents of the neighborhood. He asked why we are establishing a hearing for the Park and Recreation Commission; City Council should also have a public hearing. Hansen suggested the appropriate place to have this hearing is at the Park and Recreation meeting as they are strongly suggesting the lighting. Following this hearing, comments would come before Council and those attending the hearing would receive notification of the Council meeting for final consideration. Peterson commented as the Park and Recreation COlmnission Liaison that all parks are for youth and adults and all of our parks are in residential areas. This field affects eight to nine homes. The other side of the park is already lit. Peterson gave his support for a hearing before the Park and Recreation Commission. Motion by Kelzenberg, second by Diehm, to accept the Feasibility RepOli for the addition of athletic field lighting at Prestemon Park and establish a Public Hearing for March 22, at 6:30 p.m. at the regular Park & Recreation COlmnission Meeting. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. City Council Minutes February 13, 2006 Page 4 of 12 PUBLIC HEARINGS A) Adopt Resolution No. 2006-20 being an Order regarding the maximum pennitted basic programming service rate set forth in the Federal communications Commission Form 1240 filed by Comcast on or about March 1, 2005 and Adopt Resolution No. 2006-21, being an Order regarding the maximum pennitted equipment and installation rates set forth in the Federal COlmnunications Commission Form 1205 filed by Comcast on or about March 1,2005. Fehst introduced Steve Guzzetta, of Bradley and Guzzetta, our Cable Attorney. Guzzetta indicated he represents Columbia Heights on cable and rate regulations. He stated that under FCC rules the city can regulate basic rates and equipment/installation rates. These forms were filed 12 months ago. Guzzetta described basic cable service, the channels, converter box and remote control. He listed the proposed rates, which are a decrease from the previous charges. Guzzetta indicated options are: to do nothing, decertify and get out of the business, or adopt a rate order preserving your rights. The TelecOlmnunications Commission recommendation is the third option, to adopt a rate order to preserve our rights. He stated that the public hearing must be opened. Kelzenberg pointed out that everything on the rate sheet has decreased. Guzzetta explained the maximum rate they are allowed to charge, but they are charging less. Nawrocki asked ifthey could raise the premium rates to whatever they choose. Guzzetta stated yes. Nawrocki stated this is misleading as in January there was a ten percent increase in rates, which does not include movies. Guzzetta listed the rates ofthe other cable levels that Council has no control over. Peterson opened the public hearing. As there was no response, he closed the public hearing. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2006-20, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-20 being an Order regarding the maximum pennitted basic programming service rate set forth in the Federal communications COlmnission Fonn 1240 filed by Comcast on or about March 1, 2005. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-20 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY COMCAST ON OR ABOUT MARCH 1,2005 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 US.C. S 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"), the local franchise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services", on or about March 1, 2005, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2005 FCC Form 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2005 FCC Form 1240; and WHEREAS, the rate set forth herein will govern Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maxinmm pernlitted rate for basic cable service, as calculated in the 2005 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period; and (ii) be utilized in future basic service rate filings, to the extent pernlitted by and consistent with FCC rules and decisions. City Council Minutes February 13, 2006 Page 5 of 12 2. Comcast shall not charge any rate higher than the maximum permitted rate set forth in the 2005 FCC Form 1240, nor increase that rate, unless such rate is fIrst fIled with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. g 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rate for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2005 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a fmding that the City has accepted as correct any specifIc entry, explanation, calculation or rate in the 2005 FCC Form 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2005 FCC Form 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate fIlings; (ii) the right to address issues raised in the 2005 FCC Form 1240 that are relevant to any City review of subsequent basic service rate fIlings; and (iii) the right to request additional information concerning the 2005 FCC Form 1240 that is relevant to any City review of subsequent basic service rate fIlings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. g 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. g 76.936(b). Motion by Williams, second by Ke1zenberg, to waive the reading of Resolution No. 2006-21, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, adopt Resolution No. 2006-21, being an Order regarding the maximum pennitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March 1, 2005. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-21 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1,2005 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. g 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certifIed as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, Comcast Cable Communications, LLC (hereinafter "Comcast") fIled with the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs, 'Equipment Form'" (hereinafter the "2005 FCC Form 1205"), on or about March 1,2005, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installations; and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2005 FCC Form 1205; and WHEREAS, the rates set forth herein will govern Comcast's equipment rates and installation charges until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rates and charges for equipment and installation, as calculated in the 2005 FCC Form 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than the applicable maximum permitted rates set in the 2005 FCC Form 1205 nor increase those rates, unless such rates are fIrst fIled with and approved by the City, in accordance with City Council Minutes February 13, 2006 Page 6 of 12 applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. 9 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rates for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2005 FCC Form 1205. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a fmding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2005 FCC Form 1205. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2005 FCC Form 1205 in order to determine the impact, if any, such data and documents have on rates proposed in future equipment and installation rate filings; (ii) the right to address issues raised in the 2005 FCC Form 1205 that are relevant to any City review of subsequent equipment and installation rate filings; and (iii) the right to request additional information concerning the 2005 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. 9 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that tlus Order has been issued and is available for review, pursuant to 47 C.F.R. 9 76.936(b). B) Adopt Resolution No. 2006-22 being a Resolution for Rental Housing License Revocation at 1000 Peters Place Fire Chief Gary Gonnan stated that during a medical call to this address on January 4 staff noted no working smoke detector and other violations. They had a week to install a smoke detector and 30 days to correct the other violations. Staff was not able to enter the unit in a week. On February 1 staff returned; the unit was open, but no one there. Stafftried to contact them from January 4 until last Friday, but did not hear from them. On Friday a call was received from Mr. Hertz requesting a list of violations. Staff has not been able to enter the unit since February 1, so license revocation is requested. Diehm asked how many times staff has been out to this building for violations. Gorman stated there is seven pages of history with about 35 or 36 incidents since last March. Diehm indicated this is the property that the residents have been to Council asking for help to correct problems. Gonnan stated that they do what is necessary to comply by the revocation hearing date. This property will come before Council at the next meeting for additional violations. Peterson opened the public hearing. Ken Hertz, Attorney for the owner, and Terry Kanis, employee ofthe new property management company were present. Hertz apologized, stating the understanding that this property has been a concern and that he has now spoken to the Fire Chief. He stated he could not change the reputation of the property, but explained the current position and what would be done in the future. The ownership has not changed, but Ms. Kanis, who has a large background in management, would now oversee management. There were problems with improper staff or tenants. At the other revocation hearings there has not been representation by the owners, and asked that this be taken as a sign that that will be change. Hertz stated that regarding the smoke detector, that tenant has vacated and there were six smoke detectors found in drawers in the apartment. He listed improvements to the building of new carpeting, new flooring in the entrance, repair to the walls, and a new caretaker on the premises. The inspection depaliment has also been given a contact name. Revocation items for the February 27 Council meeting are essentially done. Hertz stated he would request an inspection on February 16 to City Council Minutes February 13,2006 Page 7 of 12 be removed from the agenda. He stated that the owners have learned an expensive lesson and requested the matter be table to February 2ih. Peterson noted that property ownership has not changed and questioned the number of units in the building. Hertz indicated there are 14 units with evictions in process. Peterson questioned the procedure if the license is revoked and the inspection is then passed. Hoeft stated it would come back to Council for reinstatement. Peterson stated that the revocation should go through. Hertz indicated he understood. Nawrocki asked for the name ofthe property owner. Hertz indicated Peters Place Apartments, LLC. Kanis stated Equity One Management Group, who is taking over the building management, employs her. Nawrocki asked Mr. Hertz whom he worked for. Hertz stated that the owner hired him. Diehm asked for member names of the LLC. Hertz indicated he did not know that answer, but he cOlmnunicates with Hyder Jaweed. Diehm asked that Mr. Hertz bring a message back to the owner, that this has been disrespectful to Council and staff, as revocation repeatedly comes back before Council with only small steps take to avoid revocation for that time. If the owners are committed to improvement, they should have had the consideration to come before Council and state that. Nawrocki asked Mr. Hertz how long he has been involved in the property. Hertz stated for several months, but Ms. Kanis just became involved within the last few weeks. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-22, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-22, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Peters Place regarding rental property at 1000 Peters Place Apartments, LLC. Upon vote: All ayes. Motion carried. RESOLUTION 2006-22 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Peters Place Apartments LLC (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1000 Peters Place NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 9, 2006 of an public hearing to be held on February 13,2006. A reminder notice was mailed by certified mail to all interested parties on February 1, 2006 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 January 4, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on January 9, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted one violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on February 1,2006, inspectors for the City of Columbia Heights, performed a fmal inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via certified mail to the owner at City Council Minutes February 13,2006 Page 8 of 12 the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to correct RMC violations. The violations are as follows; i. Shall provide unit #101 with a working smoke detector. 5. 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, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6978 is hereby revoked. 2. The City will 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. C) Adopt Resolution No. 2006-23 being a Resolution for Rental Housing License Revocation at 4642 Taylor Street Gorman started inspections began December 5, 2005 with 21 violations on the property. Re-inspection in January showed five violations not corrected. Prior to this meeting three violations still have not been corrected. Mayor Peterson opened the public hearing. As there was no comment, Peterson called for a motion. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-23, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-23, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) ofthe rental license held by Becky Xiong regarding rental property at 4642 Taylor Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2006-23 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of that certain residential rental license held by Becky Xiong (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4642 Taylor St. NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SAA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 12, 2006 of an public hearing to be held on February 13, 2006. A reminder notice was mailed by certified mail to all interested parties on February 6, 2006 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 December 5, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted twenty-one violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on January 12, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted five violations remained uncorrected. A statement of cause was mailed via celiified mail to the owner at the address listed on the rental housing license application. 3. That on February 6, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the City Council Minutes February 13, 2006 Page 9 of 12 address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to correct RMC violations. The violations are as follows; i. Upper Unit. Shall repair/replace the window trim around the window in the bathroom. 11. Shall repair the hole in the southeast bedroom door. The door is done, but bare wood...Shall stain/seal/paint the patch. 111. Shall remove all outside storage and store in garage or shed. Items include but are not limited to: BRUSH PILE IN DRIVEWAY, TREE LIMB IN FRONT YARD. 5. 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, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7490B is hereby revoked. 2. The City will 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. ITEMS FOR CONSIDERATION - none ADMINISTRATIVE REPORTS Report of the City Manager . Meeting this Thursday, 6:30 p.m. with a presentation by staff regarding Zones 7B and lA for street repairs. . Work session discussion addressed wading pool repairs. Nawrocki requested he contact Mr. Kurk. Spoke to him and found the Health Department has not mandated pool repair, but they are doing so anyway. Anoka County has stated that we need to add circulation in the center ofthe pool instead of skimmers and to remove the ledge around the pool, which has been there for 30 years. Weare not opposed to improving the pools, but it would be a minimum cost of $60,000 for the three pools. Adding new features would be $120,000 to $130,000. Discussion will continue. Nawrocki requested getting Commissioner Kordiak involved. These pools have been here for 25 to 30 years and have served their purpose with no major incidents. To stop this would be a disservice to residents. . We are following up on illegal cars on 39th and 5101 University . Letter from NOlihstar Corridor Chainnan and Regional Rail Authority responding to the State Auditors report. Consultants are double dipping and they take issue with this. Referred to auditors report on amount for meals; an average of $40 per meal. . Clarified cost of study for gymnasium space being about $40,000, location of the proposed consultant, and who would be involved in the study. Peterson indicated his feeling that the School Board would not participate in this cost. We need to move forward and begin the process to involve the general public. Nawrocld indicated that we should get proposals ji-om other firms. Others can be contacted. . Will discuss naming of streets in Phase II of the Industrial Park at the work session. A map will be available. Nawrocki questioned progress at 42nd and Cleveland. Hoeft stated the Building Official could address this, but the time limit has not yet expired. Nawrocki stated disappointment that the Focus newspaper is not reaching every house in town. Williams questioned if the grant money received were the funds that Councilmember Nawrocki felt might be in jeopardy ifthe project were approved prior to grant approval. Fehst indicated it was, but we were fairly certain we would receive these funds. City Council Minutes February 13,2006 Page 10 of 12 Report of the City Attorney - none CITIZENS FORUM Fehst stated that staff would meet with members ofthe Lions Club tomorrow at 4:00 p.m. to plan the Jamboree, which is scheduled for June 24,2006. Fehst stated there was confusion on the date and it will cost extra money in Police overtime this year. Fehst stated the Parade of Homes is this weekend, which includes Grand Central Lofts and Parkview in Columbia Heights. There will also be an open house at Parkview next Saturday. COUNCIL CORNER Kelzenberg . Amazed at the money this city obtains: another $870,000 in grants received. Read the letter from Chainnan Peter Bell on the Industrial Park Phase III and Huset Park grants. Questioned why we did not receive the $225,000 for the pergola. Fehst stated that the Met Council has eliminated fitndingfor aesthetic items. We must have received $5-10 million in grants. We also have to invest in our cOlmnunity. Our community is rising to new heights. . Wished everyone a nice valentines day. Williams . Thanked Tony Pistilli for the wonderful job he has done representing us on the Met Council and asked that Staff send him a thank note. . Referred to other funding for Phase III. Peterson stated we have received two grants for Phase 111 and this for parkway. The Met Council is using our work on this development as an example. We are getting a lot of outside help. . Phase II sump pump program is complete. This will help prevent sewer backups. . Tri City Hockey fundraiser (Brooklyn Center/Fridley/Columbia Heights) will be this weekend. . Pray for our city, our health, and the prosperity of our city. Nawrocki . We have not received $10 million in grants. Peterson requested a report on grants received. . Waiting for a financial statement on costs for industrial park development. Cl Express unhappiness with HRA's dealing with Walker and our public housing facility. The contract has another year to go and Walker wanted more money. We ended up giving them an increase in addition to their built in increase, but they are saying it is still not enough. Staff ofthe HRA did not want to go out for bids because they are too busy, but now we are talking about a study for the gyms. . Work session discussed changes in the recycling program at an additional cost of about $2.60 and questioned where the money would corne from. We need to take a better look at what other cities are paying for recycling, as we are relatively small and the cost of getting around the city is a lot less than areas with larger lot frontages. . All Council members received letters from the ASFME city employee group on negotiations. It is fair to recognize this and hope that their concerns will be considered. . Star Bar atiicle in the newspaper about heavy metal bands playing there. This facility has turned from a restaurant to a bar type operation with heavy metal music and is not appropriate in our community. This happened because we relaxed our liquor license requirements regarding percentage of food to liquor served. Believe we need to remove that category. . We have an obligation to officially receive donations. Now there is a policy change from accepting them annually to quarterly. Money should not be deposited until officially received and specified City Council Minutes February 13, 2006 Page II of 12 what it is for. The Stated follows how gambling funds are used. Fehst indicated that in speaking to the Finance Director major contributions of over $500 would be accepted at the next Council meeting and small contributions would be accepted annually. Hoeft clarified Stated Statute, which only requires a Resolution accepting the gift if the owner wants the funds used for a specific pUJpose. They do not require a Resolution if added to the General Fund. The Auditor would like you to track gifts, but it is only required when used for a specific purpose. The Booster's money can only be donated for certain things. It should be accepted and noted if it is for general purposes. . American and County publication regarding New Brighton problems with Polynesian project and things they did, which are similar to our problems east of McDonalds. Check on how this could relate to our cOlmnittee. . Notice received on Local Government Official's meeting February 22 regarding Springbrook Nature Center, radio signal enhancement, and legislative infonnation. . LMC notice received to sign up for policy committees. He will sign up for the improving fiscal futures committee. . There will be an all school reunion for Columbia Heights on Sunday, April 30, 1 :00 p.m. at Murzyn Hall. . We owe reimbursement to the people whose homes were backed up with sewage because our sanitary sewer system lines were not cleaned. He asked that this be carried forward. Fehst stated that our insurance did not pay these claims because the city had done what they needed to. The City initiated the sump pump program so we could obtain no fault insurance. The impetus for the sump pump program came from the Met Council and additional costs we would face. Hoeft explained the city policy for clean up and if we follow the schedule we will have no liability. If we do not do that and there is a backup in the line with private damage then we are responsible. Williams stated he remembered the situation, as several neighbors had their lines cleaned and it got into our lines and blocked them. Fehst stated that we had maintained the lines in that area, but a private company cleaned lines and did not contact us. This would mean the main line is not big enough. Peterson suggested the Public Works Director discuss this at a work session. Kelzenberg stated he does not want to revisit this issue. They were offered fimds and they refitsed it. That is why we have the LMC and lawyers. Williams stated that we now have no fault insurance. Diehm . Attended the SACA spaghetti dinner with other Council members. Hopefully this raised a lot of money for SACA. . Two weeks ago helped Streetar and Schumacher with a presentation at a local conference about the industrial park redevelopment, showcasing our community and our redevelopment. This is a positive for Columbia Heights. . Rising to New Heights meeting for tomorrow has been cancelled, the next meeting will be in March. . The Values First values for February are Citizenship and Patriotism. . Income tax filing assistance is available for seniors on Tuesdays and Thursdays at Murzyn Hall. Peterson . The clock tower has been ordered with a carillon and we have passed the one-third point in fund raIsmg. . In April will request volunteers to help lay the clock foundation and footings. The dedication ceremony will probably be June 23rd, during the Jamboree. . The SACA dinner was well attended. . The annual Empty Bowls dinners will be held on March 2nd at the Fridley Community Center. They are looking for volunteers. . Don't take ourselves too seriously, and do a random act of kindness. City Council Minutes February 13,2006 Page 12 of 12 ADJOURNMENT Peterson adjourned the meeting at 9:28 p.m. (' ~. ~ / '\f\(\ V~ ~ ~ J.~,--,~~ I Patricia Muscovitz, CMC ~ Deputy City Clerk/Council Secretary