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.
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I Patricia Muscovitz, CMC ~
Deputy City Clerk/Council Secretary