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HomeMy WebLinkAbout08-23-2021 City Council Meeting MinutesCITY COUNCIL MEETING Mayor City Hall —Council Chambers, 590 40th Ave NE Amada Marquez Monday, August 23, 2021 Simula 7:00 PM Councilmembers John Murzyn, Jr. MINUTES Connie Buesgens Nick Novitsky Kt Jacobs City Manager Kelli Bourgeois The following are the minutes for the Meeting of the City Council held at 7:00 pm on Monday, August 23, 2021 in the City Council Chambers, City Hall, 590 401" Avenue NE, Columbia Heights, Minnesota. Due to the COVID-19 pandemic, this hybrid meeting was held both virtually and in -person. CALL TO ORDER/ROLL CALL Mayor Marquez Simula called the meeting to order at 7:00 pm. Present: Mayor Marquez Simula; Councilmember Jacobs; Councilmember Murzyn, Jr.; Councilmember Novitsky Absent: Councilmember Buesgens Also Present: Kelli Bourgeois, City Manager; Jim Hoeft, City Attorney; Minerva Hark, City Planner; Dan O'Brien, Assistant Fire Chief; Ben Sandell, Communications Coordinator CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE MISSION STATEMENT Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively addresses changing citizen and community needs in a fiscally - responsible and customer friendly manner. APPROVAL OF AGENDA Mayor Marquez Simula reported an amendment to the original agenda, removing Item 10, a "Public Hearing to Consideration of Resolution 2021-70, Revocation of the License to Operate a Rental Unit Within the City of Columbia Heights Against the Rental Property at 4959 5th Street NE for Failure to Meet the Requirements of the Residential Maintenance Codes," granting a two -week extension due to extenuating circumstances. Motion by Councilmember Murzyn, Jr, seconded by Councilmember Novitsky, to approve the Agenda as amended. All Ayes, Motion Carried 4-0. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS City of Columbia Heights MINUTES August 23, 2021 City Council Meeting Page 2 A. Mayor's Monarch Pledge Month Proclamation Mayor Marquez Simula read the Monarch Pledge Proclamation for August 2021: "WHEREAS, The Monarch butterfly is an iconic North American species whose multigenerational migration and metamorphosis from caterpillar to butterfly has captured the imagination of millions of people around the world; and WHEREAS, Twenty years ago, more than one billion Eastern Monarch butterflies migrated to Mexico but populations of this iconic species have declined by 90-99% in the last two decades; and WHEREAS, cities, town and counties have a critical role to play to help save the Monarch butterfly; and WHEREAS, The City of Columbia Heights has taken the National Wildlife Federation's Mayors Monarch Pledge to demonstrate the City's commitment to creating habitat and educating citizens about how they can make a difference at home; and WHEREAS, Every resident of Columbia Heights can make a difference for the Monarch by planting native milkweed and nectar plants to provide habitat for the monarch and pollinators in locations where people live, work, learn, play and worship; and NOW, THEREFORE, BE IT RESOLVED, that I, Amada Marquez Simula, Mayor of Columbia Heights, do hereby proclaim the month of August 2021 to be the Mayor's Monarch Pledge Month in the City of Columbia Heights and encourage residents and City staff to take steps to increase the planting of milkweed and nectar plants to preserve and strengthen the monarch butterfly population." CONSENT AGENDA Motion by Councilmember Jacobs, seconded by Councilmember Novitsky, to approve the Consent Agenda as presented. All Ayes, Motion Carried 4-0. 1. Approve August 9, 2021 City Council Meeting Minutes MOTION: Move to approve the City Council Meeting minutes of August 9, 2021. 2. Approve August 2, 2021 City Council Work Session Minutes MOTION: Move to approve the City Council Work Session minutes of August 2, 2021. 3. Accept July 20, 2021 Traffic Commission Meeting Minutes MOTION: Move to accept the Traffic Commission Meeting minutes of July 20, 2021. City of Columbia Heights MINUTES August 23, 2021 City Council Meeting Page 3 4. Approve Expenditures for Camera Installation at Huset Park, Murzyn Hall and Library MOTION: Motion to approve an expenditure of $115,946.03 for the installation of security cameras around and inside Murzyn Hall, Huset Park and the Columbia Heights Public Library and the necessary electric work to accomplish the camera install: Marco to install cameras inside and around Murzyn Hall and at Huset Park for $73,358.41; March to upgrade cameras at the Columbia Heights Public Library for $27,137.62; and Aid Electric to perform necessary electrical work necessary $15,450. To be funded as follows: $100,496.03 will be paid out of the 2021 Police Department operating budget and $15,450.00 will be paid for out of the 2021 Public Works operating budget. 5. Designate "No Parking" on the South Side of 42nd Avenue from University Avenue to 4th Street, Next to Prodeo Academy; and Designate "Loading Zone 6 AM To 3 PM School Days" on the West Side of 4th Street from 235' South of 42nd Avenue to the South Property Line of Prodeo Academy MOTION: Move to designate "No Parking" on the south side of 42nd Avenue from University Avenue to 4th Street, next to Prodeo Academy, based on recommendation of the Traffic Commission. MOTION: Move to designate "Loading Zone 6 AM to 3 PM School Days" on the west side of 4th Street from 235' south of 42nd Avenue to the south property line of Prodeo Academy, based on recommendation of the Traffic Commission. 6. Rental Occupancy Licenses for Approval MOTION: Move to approve the items listed for rental housing license applications for August 23, 2021 in that they have met the requirements of the Property Maintenance Code. 7. Review of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list to claims paid by check and by electronic funds transfer in the amount of $1,195,622.25. PUBLIC HEARINGS 8. First Reading of Ordinance 1669, an Ordinance Amending Chapter 5.5 of the Columbia Heights City Code to Update Definitions and Application Requirements, Eliminate Limited Intoxicating Liquor Licenses, and Eliminate Minimum Building and Capacity Requirements in Restaurants for Liquor and Beer Licensing Planner Hark explained that two Columbia Heights businesses have made requests for amending the City's On -Sale Intoxicating Liquor Licensing Code to allow for consideration of an on -sale license for their establishment. Soiree, located at 4028- 4030 Central Avenue NE, is a local restaurant/banquet facility that wishes to pursue an intoxicating liquor license; however, the establishment cannot meet the City's current minimum requirement for restaurant seating and floor area to qualify for the license. City of Columbia Heights MINUTES August 23, 2021 City Council Meeting Page 4 Jimmy's Pro Billiards, located at 4040 Central Avenue NE, meets the floor area for restaurant and provides 150 seats; however, the establishment does not have customer dining in a defined 2,000 square foot dining area. Their seating arrangement is dispersed throughout the larger building among the available billiards tables, which has prevented them from receiving an intoxicating liquor license. These requests prompted further research by City Staff regarding suitable amendments to the current City Code in regard to regulations for liquor licenses, specifically for restaurants. At the August 2, 2021 Council work session, staff presented the City Council with an overview of options and an analysis of how nearby cities are regulating their intoxicating liquor licenses. It was determined that, in an effort to promote businesses of all sizes and expand the variety of dining options within the community, it would be most suitable to amend the City Code to eliminate the minimum dining floor area requirement and minimum number of guests for restaurants to qualify for an on -sale intoxicating liquor license. Additionally, it was determined that it would be most suitable to amend the requirement for restaurants with on -sale intoxicating liquor licenses to meet minimum gross sales of 55% food, not to exceed 45% alcohol sales. This would allow for current unique businesses, such as Jimmy's Pro Billiards and Soiree, and potential future businesses with eccentric concepts to operate under an on -sale intoxicating liquor license with a bit more leniency on food sales. During staff's research on the City's regulation of liquor and beer licensing regulations, City staff found that additional updates were needed of Chapter 5.5 for the City Code. This includes eliminating Limited Intoxicating Liquor Licenses, updating and adding definitions, updating application requirements for all liquor and beer licenses, and incorporating gender -neutral language. Summary: As directed by the Council, the attached Ordinance No. 1669 seeks to make the following amendments to the Columbia Heights City Code relating to liquor and beer licensing regulations: • Eliminate the minimum dining floor area and minimum number of guests for restaurants to qualify for any on -sale alcohol licenses • Amend the requirement for hotels with on -sale intoxicating liquor licenses to meet minimum gross sales of 55% food in their dining area, not to exceed 45% alcohol sales • Amend the requirement for restaurants with on -sale liquor or wine licenses to meet minimum gross sales of 55% food, not to exceed 45% alcohol sales • Amend the requirement for bowling centers with on -sale liquor licenses to meet minimum combined gross sales of 55% food and bowling • Eliminate Limited Intoxicating Liquor Licenses, as they are no longer applicable • Provide a definition for Bowling Center • Amend definition of Bona Fide Club or Club • Amend definition of Hotel City of Columbia Heights MINUTES August 23, 2021 City Council Meeting Page 5 • Amend definition of Restaurant • Update application requirements for all alcohol licenses • Incorporate gender neutral language The City currently has three active on -sale liquor licenses, two club liquor licenses and six beer and wine licenses. Approving the proposed amendments would enable more establishments to qualify for on -sale liquor licenses, thus allowing the existing restaurants to compete with other restaurants in surrounding cities, strengthen the local economy and attract more businesses to the City. Staff recommends waiving the reading of Ordinance No. 1669 and setting the second reading for September 13, 2021 at approximately 7:00 pm. Mayor Marquez Simula opened the public hearing. No one wished to speak. Motion by Councilmember Novitsky, seconded by Councilmember Jacobs, to close the public hearing and waive the reading of Ordinance No. 1669, there being ample copies available to the public. All Ayes, Motion Carried 4-0. Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to set the second reading of Ordinance No. 1669, being an Ordinance amending Chapter 5.5 of the Columbia Heights City Code to update definitions and application requirements, eliminate Limited Intoxicating Liquor Licenses, and eliminate minimum building and capacity requirements in restaurants for liquor and beer licensing, for September 13, 2021 at approximately 7:00 pm in the City Council Chambers. All Ayes, Motion Carried 4-0. 9. Consideration of Resolution 2021-69, Revocation of the License to Operate Rental Units Within the City of Columbia Heights Against the Rental Property at 1231/1233 40th Avenue NE for Failure to Meet the Requirements of the Residential Maintenance Codes Assistant Chief O'Brien reported that the owner of 2021-69—1231/1233 40t" Avenue NE failed to meet the requirements of the Residential Maintenance Codes to operate rental units within the City and recommended revocation of the license. Mayor Marquez Simula opened the public hearing. No one wished to speak. Motion by Councilmember Novitsky, seconded by Councilmember Jacobs, to close the public hearing and waive the reading of Resolution 2021-69, there being ample copies available to the public. All Ayes, Motion Carried 4-0. Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to adopt Resolution 2021-69, being a Resolution of the City Council of the city of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. All Ayes, Motion Carried 4-0. City of Columbia Heights MINUTES August 23, 2021 City Council Meeting Page 6 10. Consideration of Resolution 2021-70, Revocation of the License to Operate a Rental Unit Within the City of Columbia Heights Against the Rental Property at 4959 5th Street NE for Failure to Meet the Requirements of the Residential Maintenance Codes Removed from the Agenda. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Councilmember Jacobs attended an Advocacy Awareness and Native American Connections; had two resident reach -outs over the last couple weeks; and attended the staff luncheon at the Safety Building, which was great to see everybody and meet new people. Councilmember Novitsky over the weekend attended the successful Kiwanis Peach Sale and thanked all who purchased peaches; attended and met residents at the "Eat and Greet" at McKenna with City officers; reported that his oldest daughter committed to being a Fire Explorer because of the "hard push" that the City Fire Department provided; and said the Lions Car Show was a success as well. Being the first week without softball, he was able to get out into the Community and do some events. Councilmember Murzyn, Jr. said the Lions Car Show had a good turnout and he thanked everyone who attended and voted for the cars. Mayor Marquez Simula thanked him for working on it and said it was great weather for the event. Mayor Marquez Simula attended the City Staff Picnic Luncheon at the Fire Station, with great meal and fun prizes; attended the "Cone with a Cop" at Dairy Queen, which she said is always a hit; had a meeting about the Heights Cultural Festival, which will be held on September 25 at the High School gymnasium; attended the Traffic Commission meeting; had a Zoom MWMO class, on starting a pollinator garden, through the School District's Community Ed programming that is also in connection with the Mayor's Monarch Pledge; last Wednesday was the Monarch Festival in Columbia Heights, which she said was fantastic, had great weather, attended by 135 guests and 45 people stayed for the movie — and "The Goonies" movie will be featured on Thursday night, August 26, at West Huset Park; the City had a Mayor's Monarch Pledge table at Anoka County's first "Meet the Parks," or "Conocer Los Parques," at Locke Park in Fridley on Sunday, August 22, where the Latino community was invited to enjoy Anoka County parks; and she also purchased her box of peaches at the Kiwanis sale and is eager to do some baking. Report of the City Manager Manager Bourgeois announced the distribution of the City's 2022 Budget Book, which is also on the City website; because of upcoming adverse weather, "The Goonies" will be rescheduled to next week, date to be determined; four City police officers and five Basic Education faculty leave Thursday, August 25, for Philadelphia, PA, to go to the National Constitution Center, and episode four of the Police podcast can be accessed at columbiaheightsmn.gov/podcast; the Police is hosting the "Backpack Giveaway" on Thursday, September 2, at 3:30 pm behind Murzyn Hall; and City staff stay in daily contact with Minneapolis regarding water conservation (now even and odd day restrictions) and, as of now, the City's splashpad is still in operation through Labor Day though, should that change, it is hoped the City would be able to give a day's notice of a closure. City of Columbia Heights MINUTES August 23, 2021 City Council Meeting Page 7 Mayor Marquez Simula asked if there is a City ban on fireworks, and Assistant Chief O'Brien said there is currently no ban on recreation fireworks. Report of the City Attorney Attorney Hoeft had no update. COMMUNITY FORUM Anna Bottila, former City resident who now lives in Fridley, said she is a big fan of the City and all of the sustainability and wonderful things being done in Columbia Heights, being more inclusive and diverse. The issue she wished to bring before the Council concerns a fence over the last nine months that abuts Wendy's on Central Avenue and has fallen down. She reached out to the City, not knowing if it was her responsibility or Wendy's, and City staff said it was Wendy's and gave her helpful instructions about how to contact the business to try to get it resolved and, after that, the Fire Department. Over the last six months she has contacted Wendy's every month, who responded that they contacted their district manager, but there has been no resolution and is very frustrating. She is aware that Wendy's had been given a deadline to make the fence repair earlier this summer, but it is still not fixed; and her tenants, feeling uncomfortable, have contacted her that homeless people, whom she has compassion for, are camping out in the Wendy's parking lot nearby where the fallen fence is located. Mayor Marquez Simula thanked her for the update and said City staff will follow up with her after the meeting. ADJOURNMENT Motion by Councilmember Murzyn, Jr., seconded by Councilmember Jacobs, to adjourn. All Ayes, Motion Carried 4-0. Meeting adjourned at 7:23 pm. Respectfully Submitted, Kelli Bourgeois, City MQa r