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HomeMy WebLinkAbout07-13-2020 City Council Meeting MinutesOFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JULY 13, 2020 The following are the minutes for the regular meeting of the City Council held at 7:00 pm on Monday, July 13, 2020, in the City Council Chambers, City Hall, 590 40th 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; Councilmember Buesgens; Councilmember Murzyn, Jr.; Councilmember Novitsky; Councilmember Williams Also Present: Lenny Austin, Police Chief; Jeff Bahe; Kelli Bourgeois, City Manager; Aaron Chirpich, Community Development Director; Anthony Cologne; Elizabeth Hammond, City Planner; Kevin Hansen, Public Works Director; Walter Moreno; Nicole Tingley, City Clerk 2. PLEDGE OF ALLEGIANCE 3. MISSION STATEMENT, Read by Mayor Schmitt Our 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. 4. APPROVAL OF AGENDA Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky, to approve the agenda as presented. All Ayes, Motion Carried 5-0. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Recognition of Departing Board & Commission Members Mayor Schmitt acknowledged and thanked departing Board and Commission members: Kevin McDonald, Park & Recreations Commission 2003-2020; Leonard Olson, Traffic Commission 2011-2020; David Payne, Park & Recreation Commission 2002-2020; Steve Smith, Library Board 2011-2020; and Marlaine Szurek, Planning Commission 1986-2020. 6. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the amended minutes of the City Council Meeting of June 22, 2020. B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the minutes of the Park & Recreation Commission Meeting of December 4, 2019. MOTION: Move to accept the minutes of the EDA Meeting of June 8, 2020. City Council Minutes July 13, 2020 Page 2 C. Revise Date on Gambling Permit, Immaculate Conception Church MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that Immaculate Conception Church has requested a date change on its application for a Gambling Permit. The original date was August 8, 2020, and the revised date is September 13, 2020. This new date will accommodate securing the license from the State of Minnesota and printing/selling the raffle tickets. D. Resolution No. 2020-53 Designating Election Judge Salaries for the 2020 State Primary and General Elections MOTION: Move to waive the reading of Resolution No. 2020-53, there being ample copies to the public. MOTION: Move to adopt Resolution No. 2020-53, being a resolution designating election judges and salaries for the 2020 State Primary and General Elections. E. Approve Expenditure for Office Remodel MOTION: Move to authorize the Police Chief to expend $30,000.00 for the remodel of Police Department offices to change the two Sergeant offices for use by the two Captains, with money to come from the Police Department’s 2020 operating budget. F. Approve Purchase of Tasers MOTION: Move to authorize the Police Chief to expend $40,000.00 for the purchase of 35 new X26P Tasers for Officers and Community Service Officers, with money to come from the Police Department’s 2020 operating budget. G. Approve Contract with Kimley-Horn to Perform a Risk and Resiliency Assessment and Emergency Response Plan MOTION: Move to approve the contract with Kimley-Horn and Associates to perform the federally-mandated Risk and Resiliency Assessment and updating the City’s Emergency Response Plan. H. Approve Plans and Specifications and Authorization to Seek Bids for the Demolition of Office Building and Parking Ramp at 3989 Central Avenue and 950 40th Avenue MOTION: Move to approve the plans and specifications for demolition of the building and parking ramp at 3989 Central Avenue and 950 40th Avenue, City Project 2011, and authorize staff to seek bids. I. Approve Construction Management Contract for the Demolition of Office Building and Parking Ramp at 3989 Central Avenue and 950 40th Avenue MOTION: Move to approve the Construction Management contract for the demolition of the office building at 3989 Central Avenue and parking ramp at 950 40th Avenue, City of Columbia Heights Project 2011, in the amount of $53,500.00 and authorize the Mayor and City Manager to enter into a contract for the same. City Council Minutes July 13, 2020 Page 3 J. Final Payment for Zone 3 Crack Sealing, City Project 1801 MOTION: Move to accept the work for 2020 Zone 3 Crack Sealing, City Project 1801, and authorize final payment of $23,676.24 to Northwest Asphalt and Maintenance of Thief River Falls, Minnesota. K. Authorization to Enter into a Joint Powers Agreement with the City of Fridley to Replace Fencing on University Avenue MOTION: Move to authorize the Mayor and City Manager to enter into a Joint Powers Agreement with the City of Fridley for the removal and/or replacement of fencing along University Avenue from 37th Avenue to 53rd Avenue. L. Approve Business License Applications MOTION: Move to approve the items as listed on the Business License Agenda for July 13, 2020, as presented. M. Review of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has reviewed the enclosed list of claims paid by check and by electronic funds transfer in the amount of $916,283.53. Councilmember Williams requested removal of items H and I from the Consent Agenda, as he wished to abstain from voting on those items. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to approve the Consent Agenda items minus items H and I. All Ayes, Motion Carried 5-0. Motion by Councilmember Novitsky, seconded by Councilmember Buesgens, to approve Consent Agenda items H and I. Ayes: Buesgens; Murzyn, Jr.; Novitsky; Schmitt. Abstain: Williams. Motion Carried 4-0-1. 7. PUBLIC HEARINGS A. Resolution No. 2020-54, a Resolution Approving the Revocation of the Conditional Use Permit for the Property Located at 638 39th Avenue NE Planner Hammond provided background information, stating Resolution No. 2006-02 approved a Conditional Use Permit (CUP) January 9, 2006, for the property identified as 683 39th Avenue NE, which allowed for the property to be used for outdoor storage of vehicles waiting for repair at Jeff’s Bobby and Steve’s Auto World. When the CUP was approved, 11 conditions were added to the permit. Staff notified the owner on June 17, 2020, that the CUP was not in compliance with the agreed-upon conditions and scheduled for a public hearing revocation. The 11 conditions were cited: 1. The outdoor storage shall be located within the setback requirements of the I-2, Industrial District. 2. There shall be no outdoor storage of materials located on the public right-of-way. 3. There shall be no storage of junk vehicles used for parts on the premises. 4. All vehicles stored on the premises shall be currently licensed and insured. City Council Minutes July 13, 2020 Page 4 5. There shall be no cars for sale on the property and customers shall not buy vehicles from the site. 6. The area used for outdoor storage shall be surfaced with a hard surface material approved by the City Engineer. A grading and drainage plan shall also be approved by the City Engineer prior to use of the property. 7. A six-foot-tall wooden privacy fence of at least 80% opacity shall be installed along the northern property line. Any type of fence allowed by City Ordinance, no less than six-feet high and 80% opaque, shall screen the remainder of the outdoor storage area. 8. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 9. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. 10. The privacy fence shall be placed 20 feet from the front property line. 11. There shall be no storage of materials between the fence and the front property line. Because not all of the conditions (outdoor storage, junk vehicles, licensing and fencing) are in current compliance, Planner Hammond and City staff recommend revocation of the Conditional Use Permit. Mayor Schmitt opened the public hearing. Jeff Bahe, owner of Jeff’s Bobby & Steve’s Auto World, referred to the screening on the 39th Avenue side as being in compliance with the City’s directive. He stated that COVID-19 has limited their ability to sell cars at auction, increasing the number on site from 300 to 600. His understanding was that there never was an issue inside the lot, though outside on the 39th side he had issues with neighbors parking in his assigned area. His lot has provided storage for the Minnesota State Patrol, Minnesota Teen Challenge, the City’s towed vehicles for 16 years (noting that DWI-forfeiture vehicle plates have to be pulled) and Mothers Against Drunk Driving. Mr. Bahe said without lots his company will go out of business and he will do whatever he needs to do to rectify the situation, hopefully with help from the City. Mayor Schmitt inquired as to whether Mr. Bahe was the owner of the property when the CUP was approved in 2006, and he said he was. Councilmember Buesgens said the CUP authorized vehicles to be parked in the lot for repair and said it appears other vehicles are being parked in the lot for other reasons. Mr. Bahe said the other cars have been impounded on the lot until those drivers have gone to court and COVID-19 has limited his company to have auctions every six weeks, which would free up the space of about 50 vehicles. Councilmember Buesgens next inquired about the tarp fencing, and Mr. Bahe said it has been in place there since 2006. She asked whether he is looking for other places outside the City to relocate his towed vehicles, and he said not currently; she indicated it may be to his advantage to do so if his upcoming plan to request rezoning is not approved. Councilmember Novitsky said Mr. Bahe has stated that he has used the lot for non-CUP-permitted uses from day one and Councilmember Novitsky’s issue is not with the fencing but with the use of the lot. City Council Minutes July 13, 2020 Page 5 Councilmember Murzyn, Jr. asked Mr. Bahe as to how many citations he has received from 2006 to now stating CUP noncompliance; and he responded he’d received none regarding inside the lot but perhaps a few for the outside, though he’d had no problem until there was perhaps a change in City leadership. Councilmember Murzyn, Jr. said he has sympathy for the situation but if other businesses have been in compliance, then Jeff’s Bobby & Steve’s Auto World also needs to be in compliance. Mr. Bahe said he will be working to clear the lot as soon as possible. Mayor Schmitt said there were other issues last year when cars were parked at Huset Park and Unique Thrift Store, so there have been other times when there has been an excess of vehicles and so it is not just this time as a result of the COVID-19 pandemic. Anthony Cologne, interpreter for Walter Moreno of Moreno Towing & Auto Repair, said Mr. Moreno received a letter in the mail stating that all the cars he has on his lot need tabs or plates on them but some of his customers buy cars at auction and not all come with plates. He is asking the City what he can do about that, also noting that no cars are parked in the front parking lot any longer. Councilmember Murzyn, Jr. said he would like to know what violations were indicated on the letter and the City would work with him on them. Mayor Schmitt reassured them that the issue on the evening’s agenda was regarding the CUP revocation for Jeff’s Bobby & Steve’s Auto World. Planner Hammond added that she has spoken with the owner of Moreno Towing & Auto Repair and he is working on the issues in question with the tenants. She said the only thing the City asks is that owners comply with City standards. Councilmember Buesgens inquired about the fencing for Jeff’s Bobby & Steve’s Auto World. Planner Hammond said there is a chain-link fence with vinyl-coated woven fabric on the east side, what appears to be a chain-link fence with a black tarp on the south lot line, a wooden fence on the north and there is a building on the west. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to close the public hearing and waive the reading of Resolution No. 2020-54, there being ample copies available to the public. Ayes: Buesgens; Murzyn, Jr.; Novitsky; Schmitt. Abstain: Williams. Motion Carried 4-1. Attorney Hoeft said that revocation of a CUP requires written findings of what conditions are in violation and asked that the specific conditions that have not been complied with be cited in Resolution 2020-54. He identified item #1 (outdoor storage), #4 (licensed and insured vehicles), #6 (drainage), #7 (fencing) and #8 (storage, access aisles). Responding to Council’s question, Planner Hammond clarified that the front fence is 20 feet from the south property line. She said City staff did not find a grading and drainage plan on file but the area was indeed paved. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to adopt Resolution No. 2020-54 based on noncompliance of conditions #1, #4, #6, #7 and #8, being a resolution approving the revocation of the Conditional Use Permit for the property located at 683 39th Avenue NE. Ayes: Buesgens; Murzyn, Jr.; Novitsky; Schmitt. Abstain: Williams. Motion Carried 4-0-1. Mayor Schmitt asked for clarification as to what steps will be forthcoming regarding the property since its CUP has now been revoked. City Council Minutes July 13, 2020 Page 6 Planner Hammond said there can now be no vehicles on the property waiting for repairs, no inoperable vehicles on the site and no storage of inoperable vehicles on the site. The property is identified as an industrially-zoned property and there are specific standards to be met; she said she would be happy to meet with the property owner to discuss further if he wished. 8. CITY COUNCIL AND ADMINISTRATIVE REPORTS Councilmember Buesgens attended the online League of Cities Conference; attended the City Council and Staff Goal-Setting Session and said she looked forward to its presentation; and continues to volunteer at the Lomianki Park on the Blooming Sunshine Garden, where garlic will soon be harvested, and she encouraged residents to check the postings on Facebook’s Blooming Sunshine page. Councilmember Murzyn, Jr. attended the Council’s work session. Councilmember Novitsky volunteered at the Recycling Center last Saturday and reported that multiple bags and boxes of items were recycled and anyone interested in serving would be welcome to help the Kiwanis Club there any Saturday. Mayor Schmitt listened to the CDC School Opening Guidelines webinar last Tuesday, which she said was informative and the CDC specified that they are guidelines only and every school needs to dictate its own policy. She noted that the head of the pediatric society, since closing down due to the pandemic, reported cases for child abuse have dropped 51%; but Mayor Schmitt doesn’t believe that, since children are not being seen by teachers at their schools and so children need to get back to school. Mayor Schmitt will be participating in several Zoom meetings this week and said she has been encouraged to see several City businesses reopen. Manager Bourgeois reported that the City Council and Staff Goal-Setting Session was held within the past two weeks and the facilitator has provided the draft report, which will require a few tweaks, and then he will provide a presentation to the City Council. She is working with staff on the Care’s Act funding allocation, and there will be meeting with the Council on Monday, July 20, at 2:00 pm to go over expenses to date, anticipated expenses and what to do with the remainder to provide a grant program to businesses. She said Director Chirpich is working with other Anoka County cities on creating a consistent program throughout. Manager Bourgeois is working with division heads on budget planning. ADJOURNMENT Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to adjourn. All Ayes, Motion Carried 5-0. Meeting adjourned at 7:58 pm. Respectfully Submitted, ___________________________________ Nicole Tingley, City Clerk/Council Secretary