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HomeMy WebLinkAbout05-28-2019CITY COUNCIL MEETING MAY 28, 2019 The following are the minutes for the regular meeting of the City Council held at 7:00 prn on Tuesday, May 28, 2019, in the City Council Chambers, City Hall, 590 401h Avenue N.E., Columbia Heights, Minnesota. 1. CALL TO ORDER/ROLL CALL Mayor Schmitt called the meeting to order at 7:00 pm. Present: Mayor Schmitt, Co,uncilmember Buesgens, Councilme,mber Murzyn, Jr., Councilmember Novitsky, Counc0member Williams Also Present., Lenny Austin, Chief of Police; Kelli Bourgeois, City Manager; Cynthia, Zschokee and daughter; Jim Hoeft, City Attorney; KT Jacobs; Bob Lyndes, Crest View Senior Communities; Mackenzie Neu; Dan O'Brien,, Fire Captain 2. INVOCATION Invocation provided by Rev. Bob Lyncles, Crest View Senior Communities 3. PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT, Read by Mayor Schmitt Cur mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally- responsible manner. S. APPROVAL OF AGENDA Mayor Schmitt reported the removal of Item 8A. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky, to approve the agenda as amended. All Ayes, Motion Carried 5-0. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 7. CONSENT AGENDA (These items are considered to Ibe 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 Work Session of May 6, 2019 MOTION: Move to approve the minutes of the Special City Council Meeting of Mlay 9', 2.019 MOTION: Move to approve the minutes of the City Council Meeting of May 13, 2019, B. Accept Board and Commission Meeting Minutes None City Council Minutes May 28, 2019 Page 2 C. Approve Cooperative Agreement Regarding Public Safety Related to the 2019 31M Open MOTION: Move to authorize the Mayor and City Manager to enter into a cooperative agreement with the City of Blaine regarding public safety related to the 2019 3M Open golf tournament security, D. Authorization to Seek (Bids for 2019 Sanitary Sewer Pipe Lining Project M'OTION: Move to authorize staff to seek bids for the 2019 Sanitary Sewer Pipe Lining Project to continue lining pipe in Districts, 1, 2 and 3. E. Approve Permits for the 2019 Jamboree MOTION: Move to authorize staff to close Huset Parkway from 39th Avenue to 40th Avenue for the time period from Tuesday afternoon, June 25, through Sunday, June 30, 2019. MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 28,, 2019, beginning at 6:00 pm for the following streets: Central Avenue from 45th Avenue to 40th Avenue,, west on 401h Avenue to 5th Street and 5th Street to Mill Street. F. Consideration of Approval of Attached List of Rental Housing Applications, MOTION: Move to approve the items listed for rental housing license applications for May 28, 2019, in that they have met the requirements of the Property Maintenance Code. G. Approve Business License Applications MOTION: Move to approve the items as listed on the Business License agenda for May 28, 2019. H. Review of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subid. 8, the City Council has reviewed the enclosed list of paid claims in the amount of $866,184,69, MOTION: Move to approve the Consent Agenda items. Motion by Councilmember Buesgens, seconded by Councilmember Williams, to approve the Consent Agenda. All' Ayes, Motion Carried 5-0. 8. PUBLIC HEARINGS A. Consideration of declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding the property at 4110 Jefferson Street NE for failure to meet the requirements of the Residential Maintenance Code. Removed. B. Consideration of declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding the property at 3823 Polk Street N'E for failure to meet the requirements of the Residential Maintenance Code. Captain O'Brien reported staff recommended the rental license at 3823 Polk Street NE be revoked based on an April 2 incident at the property where 13 violations were discovered; and when staff returned to the property May 1, not all violations had been corrected'. Mayor Schmitt opened the public hearing, City Couineill Minutes May 28, 2619 Page 3 Cynthia, Zschokee stated her family had purchased the property at 3823 Polk. Street NE in the 1990s and had been renting it for approximately 25 years, during which there had been no problems. In March of 2117 she rented the property to a teacher who worked for the State and needed a place to stay with her grandchildlren. Though the applicant had bad credit, Ms. Zschokee allowed the rental and had no problems, except for a few late payments, until April 2019 when she was informed of multiple drug arrests at the property. After returning from an already - scheduled vacation, she met with Bill Monberg from the C.O.P. Office on April 1.7 to discuss the situation and planned to begin the process of evicting the renter, Ms. Zschokee also planned to renew the rental license after repainting the property„ but that was delayed because of the excessive rain that month, and so she scheduled an appointment to meet with the Assistant Police Chief and a building inspector on May 1. Unfortunately, she said there was a scheduling mix -up and City staff arrived an hour before the appointment; so Ms. Zschokee immediately drove to the City offices and met with Assistant Fire Chief John Larkin, Building Official Ryan Smith and Community Development Director Aaroln Chirpich. At the meeting, it was agreed, she said, that the plan would be to evict the renters by May 31 and then she could begin fixing up the property, She expressed her family's reluctance to go to the property because of the drug problem and four people, including the husband and son of the signed renter (who had moved out along with the grandchildren), were living at the property. Her family had new locks installed so their further access would be eliminated, but new concerns were noticedl: 40 -50 opened bags of leaves scattered around the property's foundation by someone, perhaps in preparation for arson, and one of the four "renters" living in a van oln the property's driveway, which Ms. Zschokee was told by the Police he had a right to stay as a "renter" on the site until May 31 even though he was not on the signed lease. She stated that her family planned not to go to the property until after that date because of their fear and the understanding they had with the City that their work on the property would only begin after the property had been vacated. Ms. Zschokee cited discrepancies on the resolution regarding the May 1 and May 2 dates, as there was only one date, and the "uninhabitable" designation. She said no structural engineer had yet been called to the property because it had not been vacated yet; but heir family had met with building inspector Larry Pepin last year and was inforlmed of what needed to be done to meet City code, which her husband had completed, and inspector Pepin confirmed) the work and said they had exceeded his expectations and the property was safe. In addition, she said she did not know what exactly was cited as having been "expired" on the rental documentation and read the e -mail she had written to Fire Administrative Assistant belly Schmitt that provided background )information leading up to the present. Lastly, she expressed a feeling of some bullying by a few City staff, when neighbors had relayed them saying they want the owners out and they wanted them forced to sell the property. Councilmember Buesgens inquired whether someone not identified on a signed lease can be allowed to stay on a rental property. City Attorney Jim Hoeft clarified that people can remaiin on the site if they have been allowed to live on the property and /or established residency even if they are not on the lease and police don't have the ability to remove those people. Councilmember Buesgens stated her concern about the structural integrity of the property and supported the iFire Department request to ensure everything is all right. Captain O'Brien addressed Ms. Zschokee's concerns, one being the revocation based on the inspections and the second being the posting of "uninhabitable" designation regarding structural) integrity. City Council Minutes May 28, 2019 Page 4 He believed her property's description as being "model" was a misconception, noting four pages of inspection history by the Fire Department, and her lack of response to the City's April 2 letter was irrelevant because she had not informed them she had been out of town on vacation and had not requested an extension due to extenuating circumstances. In addition, he took issue with the mixed-up scheduling of the May I inspection time, citing notes confirming the 9:00 am time by the Fire Administrative Assistant. On May 1, Captain O'Brien and his accompanying building official found the property had' been cleaned out some but then discovered an additional 17 violations. He then met for about 45 minutes with Mr. and Ms. Zschokee but they never requested an extension for the violations and never cited rain affecting the repainting (he reported over half the days in April were above freezing and decent). Captain O'Brien stated he believed any miscommunication was that Ms, Zschokee had some assumptions that were incorrect, that the building officials she spoke with had no permission to suspend the rental license process while the structural integrity and eviction of the tenants were going on. Ms. Zschokee responded that she believed City staff worked together and would communicate among themselves about licensing and status of the property, which did not happen, again citing her letter sent to the Fire Administrative Assistant. She believed the May I meeting with City staff at the property was not an inspection but rather to review and go over what needed to be done, also taking to exception the meeting time mix-up, and informed the Council that her family was not aware of the significant damage being done to the inside of the property by a particular inhabitant (removal of ceilings, window and door trim, fire and carbon monoxide alarms). Attorney Hoeft informed the Council that the City hasn't followed any procedure that is different from any other rental property regarding the licensing revocation and, the City's bui!lding review of the property, He said it was unfortunate that the landlords were intimidated by the residents, niotiing that the property is rented as a, business, and it can be a consequence of cloing so, He said there are two bases for not granting a property license: fire violations and lack of building integrity, Ms. Zschokee said the property would be brought up to City codes for fire and building integrity even if there is a revocation of the rental license, noting her displeasure with the l'icense fee being raised to $1,50,0.00 should a new license be granted. She requested that the Council "just be fair" with their review and decision regarding the property and thanked them for their consideration. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to close the public hearing and to waive the reading of Resolution Number 2019-44, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Mayor Schmitt asked for clarification of the number of violations on the property. Captain O'Brien said there were 13 original violations and cited the viollations process: inspectors find violations and they are recorded; a, letter is sent to the owner automatically with the inspection date about 30 days out to the next shift the firefighters are working (in the Zschokee case from April 2 to May 2); there is reinspection; if reinspection is not done, photos are taken; and then it proceeds on to revocation. He said written requests for extensions are preferred, and extensions are usually granted for seasonal weather changes and extenuating circumstances. City Cound Minutes May 28, 2019 Page 5 Councilmember Williams stated his view of the revocation had been swayed by the property owner, citing her fear of the residents and the rental property's favorable history. Attorney Hoeft responded that the City doesn't administer code based on whether a landlord has been good or not, that violations noted need to be dealt with, and that unsatisfactory renters can be part of the business, of being a landlord. He also said the increase in a rental license covers in no way the City's cost of granting a renewal, Mayor Schmitt stated there are currently 29 violations on the property and the main concern is that the property is uninhabitable. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr., to move to adopt Resolution Number 2019-44, being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code Section 8,20,6, Motion carried 4-1. A roll call vote was requested. Councilmember Buesgens — yes; Councilmember Murzyn, Jr. — yes; Coundimember Novitsky — yes; Coundlmember Williams — no; Mayor Schmitt — yes. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports a. Consideration of Resolution 2019-45, Establishing a Lead Records Technician Position and Special' (Projects and Events Coordinator Position Manager Bourgeois stated the need to establish a Lead Records Technician position at the current time is because the current staff person is retiring in July and an opportunity is provided to begin succession planning within, the Police Department a little earlier. she said the plan is to fill immediately and internally the Special Projects and Events Coordinator position i::n the Administration Department, overseen by the Communications Coordinator, in preparation for planning the 100-Year Anniversary and community outreach events. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr., to waive the reading of Resolution 2'019-45, there being ample copies available to the public. Motion carried 5-0. Motion by Councilmember Buesgens, seconded by Councilmember Williams, to adopt Resolution 2019-45, establishing a Leads Records Technician position within the Police Department and a Special Projects and Events Coordinator position within the Administration Department and authorizing filling both positions. 10 CITY COUNCIL AND ADMINISTRATIVE REPORTS Councdmember Buesgens attended the well - attended and informative Police Department's quarterly Landlord Meeting, where they spoke about eviction procedures, for landlords, and the well-attended Cheers for Beers fundraiser at Murzyn Hall that featured 38, beer and cider vendors. She helped HeightsNEXT set up for the Food Fest at Lomianki Park, where all the pathways were laid out, and then helped the Beautification Committee plant flowers in front of City Hall and Murzyn, Hall last week. City Councfl Minutes May 28, 2019 Page 6 Lastly, she attended a fundraiser for two mental health professionals from Columbia Heights who are traveling for SAM'S (Syrian American Medical Society) mental health mission to train Jordanian and Lebanese mental health professionals in their work with Syrian refugees. Councilmember Wilfiams reported he is on the board for Heights Manor, where residents have been exposed to cigarette smoke even though it's against the law, and a dinner will be held for them at Nlatiional Night Out and he hopes the police will be able to attend. He said the owner and managers at the facility don't seem to want to do anything to resolve the smoking issue. Mayor Schmitt attended Scholarship Night at the Columbia Heights, High, School, when $280,000 was awarded in scholarships that included! two $1,000.00 from Columbia Heights to Key Club members with Kiwanis, as well scholarships from Lions and Rotary. She attended, along with the Police Chief and City Manager, the iftar presentation and dinner at the Islamic Center of Minnesota. Over Memorial Day weekend, she and her husband spent the morning at River Centre with 800 families of troops stationed in Kuwait, who Skyped with them and enjoyed a similar meal at the same time. Councilmember Murzyn, Jr., reminded people about the upcoming Jamboree June 26-30, 2019, and the Jamboree booklet that will' soon be widely distributed. He congratulated Fire Chief Gary Gorman, who retires May 31, and' thanked him for all his years of service. Councilmember Novitsky thanked the Lions for their work on the Jamboree booklet, He went to the well-attended North Park End-of-Year Barbecue and was happy to see the Parks and' Recreation staff there promoting summer activities. He thanked City members who helped in reaching the 500 -pound goal of plastic bags and said the City will be receiving a bench -- and that for every 5010 additional pounds, another bench can be received. Manager Bourgeois reported the City Garage Sale will be Saturday, June 8,, and residents can register through May 31 on the City website. The Community Picnic will be Thursday, J�unie 27, 4:00-7:00 pm, a kickoff to the Jamboree; and there will be an art and craft show inside Murzyn Hall from 4:00-7:30 pm and parade on Friday, June 28, 6:00-8:00 pm. She also thanked Councilmember Murzyn, Jr., for noting Chief Gorman's retirement and said he has served the Fire Department a very long time and will be missed. KT Jacobs, City resident, said she attended the City Council Special Session before the evening's Council meeting and said it was disappointing that more residents don't attend and step forward to have their voices heard. Along with that, she said another disappointment is that so many events are not being added to the City's website calendar of events. She noted' the City's Jamboree, which will' be held shortly, isn't even listed on the June calendar and would like to see all upcoming events cited' on the light-up board' outside City Hall and/or the Library sign and that the City do a better job of marketing those events. City Cound Minutes May 28, 2019 Page 7 Motion by Councilmember Buesgens, seconded by Co,uncilmember Novitsky, to adjourn. All Ayes, Matron Carried 5-0. RespectfuHy Su prnitted, Ke,lli Bourgeois, City Manager