Loading...
HomeMy WebLinkAbout01-10-2022 City Council Meeting MinutesCITY COUNCIL MEETING City Hall —Council Chambers, 590 40th Ave NE Monday, January 10, 2022 7:00 PM AMENDED MINUTES Mayor Amada Marquez Simula Councilmembers John Murzyn, Jr. 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, January 10, 2022, 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 Buesgens; Councilmember Jacobs; Councilmember Murzyn, Jr.; Councilmember Novitsky. Also Present: Kelli Bourgeois, City Manager; Renee Dougherty, Library Director; Kevin Hanson, Public Works Director; Jim Hoeft, City Attorney; Sara Ion, City Clerk/Council Secretary; Dan O'Brien, Assistant Fire Chief; Shahzad Ali, Resident; Ed Higgins, Resident; Rachel James, Resident; Stephanie Small, Resident; Catherine Vesley, Resident; Sunshine Carter, Resident; Andrew Newton, Resident; Nelle Bing, Resident; Nathan Roberts, Resident. 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 Motion by Jacobs., seconded by Councilmember Murzyn, Jr., to approve the Agenda as presented. All Ayes, Motion Carried 5-0. CONSENT AGENDA Councilmember Novitsky requested that Item 14 of the Consent Agenda, "Request for Two -Way Stop Signs on 4th Street at 46th Avenue and 47th Avenue", be removed for discussion. Motion by Councilmember Murzyn, Jr, seconded by Councilmember Buesgens, to approve the Consent Agenda as presented. All Ayes, Motion Carried 5-0. 1. Approve December 13, 2021 City Council Meeting Minutes MOTION: Move to approve the City Council Meeting minutes of December 13, 2021. City of Columbia Heights MINUTES January 10, 2022 City Council Meeting Page 2 2. Approve December 27, 2021 City Council Special Session Meeting Minutes MOTION: Move to approve the City Council Special Session Meeting minutes of December 27, 2021. 3. Approve January 3, 2022 City Council Work Session Meeting Minutes MOTION: Move to approve the City Council Work Session Meeting minutes of January 3, 2022. 4. Accept December 1, 2021 Library Board Minutes MOTION: Move to accept the Library Board Minutes of December 1, 2021. 5. Adopt Resolution 2022-01, Designating Official Depositories for the City of Columbia Heights MOTION: Move to waive the reading of Resolution 2022-01, there being ample copies available to the public. MOTION: Move to adopt Resolution 2022-01, being a resolution designating official depositories for the City of Columbia Heights. 6. Adopt Resolution 2022-02, Accept Certain Donations Received by the City of Columbia Heights MOTION: Move to waive the reading of Resolution 2022-02, there being ample copies available to the public. MOTION: Move to adopt Resolution 2022-02, being a resolution accept certain donations received by the City of Columbia Heights. 7. Adopt Resolution 2022-03, Designating City Council Liaison and Council President Appointments for 2022 MOTION: Motion to waive the reading of Resolution 2022-03, there being ample copies available to the public. MOTION: Move to adopt Resolution 2022-03, Appointing Liaisons to City Boards & Commissions and External Boards. 8. Appointment of Council President for 2022 MOTION: Move to appoint Councilmember Novitsky as Council President for 2022. 9. Appointments to Fire Relief Association Board of Trustees 2022 MOTION: Move to appoint Councilmember Murzyn Jr. and City Manager Kelli Bourgeois to the Columbia Heights Volunteer Firefighters Relief Association Board of Trustees for 2022. 10. Designation of Legal Newspaper for 2022 MOTION: Move to designate Life as the City of Columbia Heights official legal newspaper for 2022. 11. Authorization to Purchase and Outfit Police Vehicles MOTION: Move to authorize the purchase of two 2022 Ford Police Interceptor Utility vehicles from a dealership authorized under the State of MN Cooperative Purchasing City of Columbia Heights MINUTES January 10, 2022 City Council Meeting Page 3 Venture (CPV), and one Ford F-150 4WD crew cab truck, also purchased from a dealership authorized under the CPV. Funding to come from 431.42100.5150, in the amount of $113,280 and that the Mayor and City Manager are authorized to enter into contracts for same. MOTION: Move to authorize the Police Chief to expend up to $72,636 to set up and outfit these police vehicles as outlined above. 12. Purchase of a Zodiac Boat and Misc. Equipment for the Fire Department MOTION: Move to authorize staff to purchase a new boat, trailer, and accessories from Great American Marine, being the only Zodiac boat dealer in the area, in an amount of $22,045. 13. Public Works Blanket Orders for 2022 Purchases MOTION: Move for approval to authorize staff to process blanket purchase orders in an amount not to exceed the 2022 budget amounts for: De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract. Fuel (unleaded and diesel) for City vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement. Bituminous asphalt for patching/paving city streets and alleys from Commercial Asphalt, or City of St. Paul, or T.A. Schifsky & Son's. Curb stop and service repairs for delinquent accounts and foreclosed properties. 14. Pulled from the Consent Agenda for further discussion: "Request for Two -Way Stop Signs on 4th Street at 46th Avenue and 47th Avenue". 15. Capital Equipment Replacement: Public Works UTV MOTION: Move to authorize the purchase of one (1) new 2022 Kubota RTV-X1100CWL-H through the State of Minnesota Purchasing Contract from Lano Equipment of Shakopee, MN for $28,472 from the Parks Capital Equipment Replacement fund 431-5200-45180. 16. Capital Equipment Replacement: Public Works Kromer Ballfield Groomer and Liner MOTION: Move to authorize the purchase of one (1) new 2022 Kromer FC1 Pro classified as a sole source vender from Kromer Company located in 2415 West Industrial BLVD, Long Lake MN for $28,440 with a trade in valued at $4,500 for a remaining balance of $23,940 from the Parks Capital Equipment Replacement fund 431-5200-45180. 17. Capital Equipment Replacement of Unit #0405: Utility Supervisor Vehicle MOTION: Move to authorize the purchase of one Ford Mustang Mach-E SUV from Ford of Hibbing Commercial Sales, under the State of Minnesota bid, in the amount of $56,079 minus trade of $3,000 for a final purchase price of $53,079, with funding from the Engineering Capital Equipment Replacement Fund 431-3100-45150. City of Columbia Heights MINUTES January 10, 2022 City Council Meeting Page 4 18. Accept Proposals and Award Contract for Professional Consulting Services for the JPM Facility Condition Analysis, Project No. 2211 MOTION: Move to award the professional services contract for conducting a facility condition analysis for Murzyn Hall, Project 2211, to the firm of Wold Architects based upon their proposal dated January 5, 2022 for a not to exceed fee of $16,000, plus reimbursables, with funding appropriated from Fund 411-52111-3050. 19. Public Works Blanket Orders for 2022 Purchases MOTION: Move to award the 2022-2023 Removal of Trees, Trees and Stumps or Stumps Only on Public and Private Property contract to Nick's Tree Service Inc. of Corcoran, MN, based upon their low, qualified, responsible total quote for tree and stump removal, tree removal only, or stump removal only; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 20. Authorization to Seek Bids for 2022 Sanitary Sewer Lining Projects MOTION: Move to authorize staff to seek bids for the 2022 Sanitary Sewer Lining program. 21. Authorization to Seek Bids for 2022 Structural Water Lining Project MOTION: Move to authorize staff to seek bids for the 2022 Structural Water Lining program. 22. Rental Occupancy Licenses for Approval MOTION: Move to approve the items listed for rental housing license applications for January 10, 2022, in that they have met the requirements of the Property Maintenance Code. 23. License Agenda MOTION: Move to approve the items as listed on the business license agenda for January 10, 2022 as presented. 24. 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 $2,393,817.16. ITEM PULLED FROM THE CONSENT AGENDA 14. Request for Two -Way Stop Signs on 4th Street at 46th Avenue and 47th Avenue Director Hanson reported that when staff receives requests for regulatory management at intersections or on street roadways, the request is referred to the Traffic Commission for review with recommendation to the Council. There was a request for stop signs, both on 4th Street, at the intersections of 46th Avenue and 47th Avenue. He stated that for stop signs, the Manual on Uniform Traffic Control Devices (MUTCD) is followed, Minnesota has their own manual to determine and create consistency based on criteria on where stop signs and other traffic control signs should or should not be placed. The Traffic Commission reviewed this request and at both intersections, it did not meet the warrants, so they City of Columbia Heights MINUTES January 10, 2022 City Council Meeting Page 5 recommend denial the request. There is opportunity to appeal the request, but staff does not recommend stop signs at these intersections. Councilmember Novitsky stated these two intersections are the only two in that area that are not controlled, and he believed that the intersection at 47th Avenue would be warranted. Mayor Marquez Simula asked for clarification on if the Council wanted to say no to the Traffic Commission now, if they can discuss having one of the stop signs at a later time. Director Hanson said based on what the Council decides tonight, staff would not pursue further action; the Council action is final. Shahzad Ali, City resident, stated that he made the request and on November 9, 2021, it was denied. He spoke to his neighbors and today, there was an accident at 4th Street and 46th Avenue where a truck hit a vehicle and it spun out. Those two intersections are the only two that do not have traffic control. Mr. Ali referenced other surroundings streets that are traffic controlled and reiterated those two are not; he is requesting stop signs that go East and West bound. All the neighbors he has spoken to are in support for traffic control at both intersections. Mayor Marquez Simula asked if the Traffic Commission discussed the options of having stop signs just one direction. Mr. Ali stated he believed the request for traffic control was just denied, he did not recall if options were discussed. Councilmember Buesgens asked Councilmember Novitsky what intersection he was suggesting if one was chosen and what direction for the stop signs. Councilmember Novitsky stated 41h Street and 47th Avenue and North/South. He said the road is narrower there. Councilmember Buesgens said there are a lot of stop signs in this neighborhood compared to the South. She said if they start bending the rules and not following the guidelines, then there will be stop signs everywhere; only 20% of people stop at stop signs; and there are other options such as roundabouts which force you to slow down and reduce accidents by 70%. She supported staying with the decision that was made by the Traffic Commission. Councilmember Jacobs asked if the issue was speed or the safety of the intersection. Mr. Ali stated safety. Councilmember Novitsky stated there is a hill on two of the corners and visibly was more of a concern at 47th Avenue. Councilmember Murzyn Jr. asked how many accidents have occurred. Mr. Ali stated there has been one the last two summers at 4th Street and 471h Avenue, a truck was flipped and a fire hydrant was destroyed, and today there was one at 46th Avenue. City of Columbia Heights MINUTES January 10, 2022 City Council Meeting Page 6 Director Hanson stated there are accidents that qualify and there are those that do not, which are part of the evaluation, if a police report was filed. If there was no police report, it is not a "recordable event". He recommended if the Council wants to refer this back to the Traffic Commission, that this topic be discussed at a work session from the perspective of having all overall area plan for intersection traffic control. Director Hanson stated that he discussed with Manager Bourgeois about having this at a work session in April and then have an overall look at how stop signs are placed and what the community and City may be looking for. Councilmember Buesgens and Marquez Simula both agreed that would be a great idea. Motion by Councilmember Jacobs, seconded by Councilmember Novitsky, to table the discussion of the installation of two-way stop signs on 4th Street at 46th Avenue and 47th Avenue to a later date. All Ayes, Motion Carried 5-0. PUBLIC HEARINGS 25. Consideration of Resolution 2022-04, Revocation of the License to Operate Rental Units Within the City of Columbia Heights Against the Rental Property at 3912 Tyler Street NE for Failure to Meet the Requirements of the Residential Maintenance Codes. Assistant Fire Chief Dan O'Brien's report stated that on July 8, 2021, the City inspected the property described above and noted 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. On August 17, 2021, September 16, 2021, October 14, 2021, November 1, 2021, and December 8, 2021, inspectors performed re -inspections and noted that violations remained uncorrected. A Statement of Cause was mailed via regular mail to the owner. On December 29, 2021, inspectors checked records for this property and noted that the violations remained uncorrected. The following conditions and violations were found to exist: repair/replace clogged/slow toilet in main floor bathroom, clean out upper level air duct by bed (shall maintain all duct systems in a clean condition, free of obstructions and capable of performing the required function), repair/replace mechanism/crank for egress window, remove combustible storage from under basement stairs, and repair/replace broken/missing tiles in kitchen floor. Mayor Marquez Simula opened the public hearing. No one wished to speak. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr., to close the public hearing and waive the reading of Resolution 2022-04, there being ample copies available to the public. All Ayes, Motion Carried 5-0. City of Columbia Heights MINUTES January 10, 2022 City Council Meeting Page 7 Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to adopt Resolution 2022-04, 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 5-0. 26. Consideration of Resolution 2022-05, Revocation of the License to Operate Rental Units Within the City of Columbia Heights Against the Rental Property at 4044 Jefferson Street NE for Failure to Meet the Requirements of the Residential Maintenance Codes. Assistant Fire Chief Dan O'Brien's report stated on July 28, 2021, the City inspected the property described above and noted 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. On September 7, 2021, September 27, 2021, November 2, 2021 and December 2, 2021, inspectors performed re -inspections and noted that violations remained uncorrected. A Statement of Cause was mailed via regular mail to the owner. On December 28, 2021, inspectors checked records for this property and noted that the violations remained uncorrected. The following conditions and violations were found to exist: remove extension cord that is being used as permanent wiring in basement, repair/replace warped/peeling siding on rear of house, repairs shall be performed in a workmanlike manner and conform to surrounding areas, remove combustible storage from near furnace, water heater and beneath stairwell, immediately remove the two illegal bedrooms from the basement area. In no event shall an occupant be allowed to sleep in a basement, or shall a bed, in a usable position, be present in a basement unless the space, through the City permit process, meets all requirements of the Minnesota State Building Code for use as a bedroom. He added that this licensee is the same as Item 25 that was presented to the Council. Councilmember Buesgens asked if anyone is living in the property. Assistant Chief O'Brien stated he did not know if it was occupied or not. Mayor Marquez Simula opened the public hearing. No one wished to speak. Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to close the public hearing and waive the reading of Resolution 2022-05, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to adopt Resolution 2022-05, 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 5-0. 27. Consideration of Resolution 2022-06, Revocation of the License to Operate Rental Units Within the City of Columbia Heights Against the Rental Property at 2119 Forest Drive NE for Failure to Meet the Requirements of the Residential Maintenance Codes. City of Columbia Heights MINUTES January 10, 2022 City Council Meeting Page 8 Assistant Fire Chief Dan O'Brien's report stated on October 14, 2021, the City inspected the property described above and noted 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. On November 22, 2021, inspectors performed a re -inspection and noted that violations remained uncorrected. A Statement of Cause was mailed via regular mail to the owner. On December 27, 2021, inspectors checked records for this property and noted that the violations remained uncorrected. The following conditions and violations were found to exist: repair siding holes in southeast corner and throughout garage, soffit and fascia and paint to match (shall maintain all accessory structures, including detached garages, storage buildings and sheds, in structurally sound and good repair), repair/replace deteriorated/rotted front door sill, repair/replace deteriorated/rotted skirting sections near front door. Repairs shall be performed in a workmanlike manner and conform to surrounding areas, repair/replace deteriorated masonry foundation on southeast corner of house, repair/replace any/all missing/broken gutter down spouts and extensions, and repair/replace rotted window trim on northeast main floor window and scrape/paint to match. He added the property was originally converted to a rental property in 2019 as a family -exempt license that never completed its inspection, but it was resolved, but these are the items remaining from the latest inspection. Councilmember Buesgens asked what the process is once the license is revoked and the property is in rough shape; people are living in there and they are given 45 days to move out. She asked if the house will just sit vacant until they contact the City or what happens with it. Assistant Chief O'Brien stated once the license is revoked, at the end of the 45 days to vacate it is posted as unlawful to occupy and can be cited daily for anyone occupying to the property. He stated, that being said, the City doesn't go there and kick anyone out of the property. Councilmember Buesgens asked how much the citation is daily. Assistant Chief O'Brien said he believed it was a misdemeanor. City Attorney Jim Hoeft stated if they are cited, it is a misdemeanor, because it's a violation of the City Code. He added it's used as an "incentive" to get either the tenant to look for alternative housing, help a landlord to remove the tenants, or reinspect the property, get it fixed and relicensed; people don't want to be in the criminal justice system if they find themselves in it. Mayor Marquez Simula opened the public hearing. Ed Higgins, City resident, stated that is the neighbor right behind his home, a good friend of his, and he asked what he can do to help and what the process is for revocation. Mayor Marquez Simula said this is due to the landlord not passing their inspections. City of Columbia Heights MINUTES January 10, 2022 City Council Meeting Page 9 Councilmember Novitsky stated Mr. Higgins may be referencing the address in Item 26. Councilmember Buesgens explained that tonight their license is being revoked and then the occupants have 45 days to vacate the property and then possibly citations. She stated that Assistant Chief O'Brien can give more information about the process. Mayor Marquez Simula stated that the Council cannot discuss Item 26 as they are on another address, but at this point, the licensee has had chances to make repairs and do the maintenance required and now the Council is voting to revoke the license. Mr. Higgins asked if the occupants would have time to move out and not kicked out right away. Mayor Marquez Simula stated that the Police Department does not go and physically remove people from the property. Motion by Councilmember Jacobs, seconded by Councilmember Novitsky, to close the public hearing and waive the reading of Resolution 2022-06, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Jacobs, seconded by Councilmember Novitsky, to adopt Resolution 2022-06, 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 5-0. 28. Consideration of Resolution 2022-07, Revocation of the License to Operate Rental Units Within the City of Columbia Heights Against the Rental Property at 1428 42nd Avenue NE for Failure to Meet the Requirements of the Residential Maintenance Codes. Assistant Fire Chief Dan O'Brien's report stated that on June 1, 2021, the City inspected the property described above and noted 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. On July 8, 2021, September 1, 2021, and December 1, 2021, inspectors performed re -inspections and noted that violations remained uncorrected. A Statement of Cause was mailed via regular mail to the owner. On January 3, 2022, inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected. The following conditions and violations were found to exist: remove standing and leaning dead tree in rear, all exterior property and premises shall be maintained free from diseased, dead and hazardous trees, and repair or replace front sidewalk that has void/crack. Mayor Marquez Simula opened the public hearing. No one wished to speak. City of Columbia Heights MINUTES January 10, 2022 City Council Meeting Page 10 Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to close the public hearing and waive the reading of Resolution 2022-07, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, Jr., to adopt Resolution 2022-07, 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 5-0. ITEMS FOR CONSIDERATION Ordinances and Resolutions 29. Consideration of Resolution 2022-08: Updating the City Fee Schedule to Eliminate Library Overdue fines for Juveniles and Adults Library Director Renee Dougherty reported that as of September 10, 2021, there were 13,721 active Columbia Heights library cards. Of those cards, 3,580 adults or organizations had outstanding balances on their accounts and 1,110 of them were blocked. There were 1,121 juvenile cards with balances; 402 were blocked. Three years ago, the American Library Association (ALA) passed a Resolution on Monetary Library Fines as a Form of Social Inequity (January 28, 2019). It asserted that "the imposition of monetary library fines creates a barrier to the provision of library and information services" and "that the charging of fees and levies for information services, including those services utilizing the latest information technology, is discriminatory in publicly supported institutions providing library and information services." The ALA also "urges libraries to scrutinize their practices of imposing fines on library patrons and actively move towards eliminating them; and urges governing bodies of libraries to strengthen funding support for libraries so they are not dependent on monetary fines as a necessary source of revenue." Since then, libraries throughout the United States and in Minnesota have acted to eliminate overdue fines, including Columbia Heights's peer cities of Brooklyn Center, Duluth, New Brighton, St. Anthony, Maplewood, Minneapolis, Rochester, Stillwater, St. Paul, and Woodbury. She added that the Library Board unanimously recommends the elimination of overdue fines for all users for the Columbia Heights Library and urges the Council to amend the fee schedule. She stated reasons for eliminating the fines such as, it furthers the library's mission to provide access to resources for learning and books with limited access to libraries and school buildings and no professional school library media specialist, eliminates a barrier for using the library for those who may receive a fine should they return an item late and improves customer service for all. She stated books are returned late and eliminating overdue fines will increase the amount of people who use the library and the number of items they borrow. It will save staff time and frustration in explaining fines to disgruntle users and collecting small amounts of money. The collection of these fees does not cover an expense. The only reason to not eliminate overdue fees is the potential loss of 0.5% of the budget. In 2022, the budget includes no revenue from overdue fines and the library believes now is the time to eliminate overdue fines for all users. City of Columbia Heights MINUTES January 10, 2022 City Council Meeting Page 11 Mayor Marquez Simula asked if the fines that are paid online if the money goes to Anoka County. Library Director Renee Dougherty confirmed that those fees that are paid online through the County website are not recouped. Councilmember Buesgens asked what happens when a user does not pay, and their ability to check out books. Library Director Renee Dougherty stated once a user reaches ten dollars, they are not able to check out books until that is paid or under ten dollars. Mayor Marquez Simula opened the meeting for public comment. Rachel James, City resident, who also sent a letter to the Council regarding this item, stated that the American Library Association recommends removal of fines; if a user loses or damages a book, they will still need to pay for it. She explained her family loves to go to the library and her children are avid readers and sometimes they get lost under a bed or the school has closed unexpectedly and the books were in their lockers. She said sometimes it's out of their control, and although they were able to pay the fine, many youth at her church have stated that "they don't use the library, they have ten dollars". Stephanie Small, City resident, stated she uses the library a lot and when you forget to return something, you have to call and convince them not to add the fine until you can return it. If you had 15 things that were due and forgot to return them, and you can't renew online anymore, then your account becomes locked. She stated she doesn't believe the people on the phone feel empowered to stop the fines and you can't do anything online once you've hit that lock, you need to physically go in. Catherine Vesley, City resident, said this has been discussed in the past when she was on the Library Board and brought to the Council, but at that time only Hennepin County was rescinding fines, none of the surrounding library organizations were doing it, so the Council wanted to wait. She said it is an excellent policy and should be followed through. Personally, she has paid her own fines recently and is proud of it. The dollar amount that the library receives is $1,000 a year and she stated that she will personally write a check for that amount if this is approved. It's an administrative nightmare, makes it difficult for patrons at times, and difficult for families that find one under the bed, which happens, everyone has done that at some point. It should be a public service and public use should be facilitated for all who want to use it. Sunshine Carter, City resident, stated via Zoom that she would like to support this resolution. She is a librarian at the University of Minnesota Libraries who recently also eliminated overdue fines. She is also a member of the American Library Association and support their view on overdue fines as a form of social in equity. Overdue fines can be daunting for anyone who has changes or inconsistent things such as transportation or health, life has it's up and downs, forgetfulness, or anything that can affect a timely renewal. What is not equitable is everyone's ability to pay the fines, so it eliminates an extra burden for taxpayers who are already contributing to the library. She stated there are other ways to encourage materials be returned to the library without overdue fines. City of Columbia Heights MINUTES January 10, 2022 City Council Meeting Page 12 Andrew Newton, City resident, stated via Zoom chat that he agrees with the previous speaker's information. Councilmember Novitsky said the Library Board is supportive of this, he did a lot of research, and they answered all his questions. His biggest concern was that other libraries had to adjust the budget, but this library is not run that way. He doesn't see a reason to keep the fines and statistics show they can get more readers. He has attended the library's meetings as the liaison. He stated residents should be proud of their Library Board as they are engaged and care about what the residents want and need. Councilmember Murzyn Jr. thanked the Library Board, noting they did a super job; he is supportive of getting rid of the fines. Councilmember Jacobs duplicated the other Councilmembers comments and stated she has a concern that there is an unofficial attachment to the Anoka County system, and they have not done it. She would like to see it dropped for children but kept in place for adults, but that is not what is before them. She thanked the Library Board for all their work and making it a "standout piece" in the City. Councilmember Buesgens and Mayor Marquez Simula thanked the Library Board for all of their work. Motion by Councilmember Jacobs, seconded by Councilmember Murzyn, Jr., to close the public comment and waive the reading of Resolution 2022-08, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Murzyn, Jr, seconded by Councilmember Buesgens., to amend the City Fee Schedule to reflect the elimination of overdue library fines for juveniles and adults. A roll call vote was taken. All Ayes, Motion Carried 5-0. 30. Citywide Mask Mandate Emergency Ordinance Mayor Marquez Simula introduced an agenda item to discuss enacting an emergency ordinance regarding public health and safety. She thanked all of those that have provided feedback on the issue to both her and the Council, and for being respectful in their comments on this complicated issue. She stated due to surging Covid infections, overwhelmed hospitals, strained school districts, and affected businesses it may be in the best interest of the City to institute an indoor mask mandate, noting Minneapolis and St. Paul have already enacted a city-wide mask mandate. Mayor Marquez Simula read several resident comments that had been received about their opinion on the issue. Mayor Marquez Simula opened the meeting for public comment. Rachel James, City resident, stated she is in support of this item as there is a large percentage of those ages zero to four years old are not eligible to be vaccinated. Masks and social distance are the only way to protect them so she supports this temporarily as cases are higher. City of Columbia Heights MINUTES January 10, 2022 City Council Meeting Page 13 Stephanie Small, City resident, stated that she had COVID, and it was scary, then she experienced anxiety for six weeks after, and has continued to have other health related issues. She is in support of the temporary mask mandate. Catherine Vesley, City resident, said she was married to public health since that was her husband's profession. Viruses were dinnertime conversation and she has attended health conferences with her husband. She stated that you want to impede the virus, so it does not mutate, which it has, it has mutated more toward communicability not lethality. She believes it's an intelligent strategy to wear a mask. Her grandmother and other families died in the 1918 flu. She said it would be wise while the virus is peaking and this is particularly true for families with children. Sunshine Carter, City resident, stated via Zoom chat that she wanted to reiterate what the other presenters stated. Andrew Newton, City resident stated via Zoom that he supports the temporary mask mandate. Three days ago, he went to do some shopping and half of customers and staff are conducting themselves without a concern for the health and safety for those in the community. He observed that none of the staff were wearing masks and only half of the customers. When a request was made for the staff, at least at the register, wear a mask, he was met with eye rolls and jeers from the other staff and customers. This is far from an isolated incident. Unmasked customers going out of their way to make the masked feel uncomfortable, even a middle school girl was bullied. He asked what is the best for the community to encourage personal responsibility for the safety of others, a choice to literally decide if others around us should live or die, for our own convenience and many people have chosen not to do this. He is in support of the mask mandate to get numbers down. Not wearing a mask is not a political statement, it says everything about your concern and respect for fellow human beings and he urges the Council to approve the mandate. Nelle Bing, City resident, stated via Zoom that COVID and the Omicron variant is spreading, and masks have been proven to reduce the transmission; we must protect ourselves and others; it is the duty of election officials to ensure safety of the community. She hopes the Council makes the best decision for the safety of the community. Nathan Roberts, Minneapolis resident, stated via Zoom that he supports the mask mandate. His wife has a small business, a tattoo shop; several of the employees have had COVID and had to miss work. Even if you have mild symptoms, you must miss work for five days or more. Businesses and teachers are experiencing shortages. Wearing a mask is a pain and annoying, and makes him feel more dehydrated in the winter, but many people cannot afford to miss a week of work. It empowers businesses having the City's back and doesn't need to be enforced forcefully but helps them do the right thing. Councilmember Buesgens stated she would love for us not to wear masks, she is tired of the mask, tired of the pandemic; starting a third year of this but she is in support of this mandate. She commented that it is difficult to enforce and without the State backing it, City of Columbia Heights MINUTES January 10, 2022 City Council Meeting Page 14 she wouldn't want to encumber the Police Department. It would send a strong message to the City and the residents that they care; we don't know that Omicron is milder yet; they are comparing us to South Africa right now where seveFal seventy to eighty percent have caught COVID and they are younger. She stated that people talk about the freedom of not wearing a mask, but it prevents us from hurting ourselves and others. She said we stop for stop lights, which is a public safety rule, and people who feel that they have the right to go through them puts everyone else at risk, including themselves. She looks at masks and vaccines in the same way, it's temporary, it's not going to last forever but sends a strong message to the community that we can get together through this. Councilmember Jacobs asked Mayor Marquez Simula if this mandate will specify any type of particular mask. Mayor Marquez Simula stated just masking and those details are being discussed now. Councilmember Jacobs asked if there would be a consequence for those that are noncompliant. Mayor Marquez Simula stated that like last summer when the Governor issued a mandate, it's a strong message that people will follow a mask mandate, but not everyone will. Councilmember Jacobs stated she is not an "anti -masker", and she will mask in areas that it is required or she feels there is no controlled spacing and is heavily populated. She decides based on what she thinks is appropriate, she is vaccinated and boosted. This is an emotional topic, there is no way around it, either proactively or reactively to legislate emotions. She has a stack of research that states cloth masks do very little, if anything to protect us; what is recommended is a surgical mask under a cloth mask or two surgical masks or the best protection is a N-95 mask or higher. Those that are masking are going to mask, with a mandate those are not going to do it are not going to do it. She noted those that are wearing a mask are wearing a cloth mask, and probably not a surgical mask beneath. Part of the people wearing them are not wearing them correctly, so they are not effective. There was more research released recently that suggests the same thing, that they do little or nothing to protect people. Her concern with businesses is a lot of them are "hanging on by the skin of their teeth" at this point, they made it this far, and they are better equipped to make decisions as to whether or not to require their clientele or customers to mask up. She noted that if the City mandates, they make the decision for those businesses, and it could take them down. Those customers that do not want to mask are going to go to surrounding communities and this needs to be considered. She spoke to some of the business owners, and many are not in support of it, they are scared they could lose their businesses and their homes; many have had to take out second mortgages to save their business. There is no consequence to it and there may be more damage to the businesses they care about. Unless there is specification on what type of mask they need to wear, it's a moot point. Councilmember Buesgens stated she doesn't agree with some of the things Councilmember Jacobs said, such as even it's not something they can't enforce, because it sends a strong message that it's important and any mask helps a little bit. Not protecting City of Columbia Heights MINUTES January 10, 2022 City Council Meeting Page 15 ourselves, and protecting residents, friends, family, we are prolonging the pandemic. Those who are not wearing masks, those who are not vaccinated, they are vessels for variants to appear, get the virus, and prolong it. She thinks everyone should "bite the bullet" and go through the uncomfortable things we need to do so we can be over this sooner. All these excuses of why we can't do these things and personal freedoms, it prolongs the pandemic. The majority of businesses want to wear masks, it has been a hardship on many organizations, but encouraging people to do the right thing and put an end to this pandemic. Mayor Marquez Simula added that businesses would like the City to make the decision so their customers are not mad at them and their staff feels safer. If they can put a sign out that it's a mask mandate, everyone is doing it. Motion by Councilmember Buesgens, seconded by Mayor Marquez Simula, to issue a Citywide Mask Mandate Emergency Ordinance mandating mask be worn indoors. A roll call vote was taken. 2 Ayes, 3 Nays. Motion Failed, 2-3. Ayes: Marquez Simula and Buesgens. Nays: Jacobs, Murzyn Jr., and Novitsky. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Mayor Marquez Simula stated that the second Council meeting in December was not held; after the holidays she attended the Twin Cities Regional Mayor meeting about equity; and attended an art exhibit about the murder of George Floyd "Documenting a Reconning", which was amazing. She also had a meeting with Gillett's Children's Hospital about accessible parks in the City based on a previous community forum topic. Councilmembers Novitsky and Murzyn Jr. did not have an update. Councilmember Jacobs stated she attended SACA's information meeting today; attended the employee recognition and holiday luncheon; returned to SACA after a few weeks off in December; and facilitated two resident reach outs. Councilmember Buesgens said she attended the last school board meeting of the year; she thanked everyone who recycled batteries, the recycling center received 800 pounds and 118 pounds of Christmas lights; on the Consent Agenda tonight, the Council approved the in-depth evaluation of Murzyn Hall, it is deeply loved to death and there are many issues so it now can be evaluated and used for many more years; they will speaking to the community on what they would like to see and looking for input so it can be used for a long time. She wished everyone a Happy New Year. Report of the City Manager Manager Bourgeois stated on January 18, 2022, there will be a Winter Parking and Snow Removal Public Forum at the Public Safety Building from 7:00-9:00 pm. There is a Zoom link, but if anyone plans to attend in person, she asked that they notify them, so they are sure there is adequate space. On February 5, 2022, the Snow Blast event at Houston Park East from 3:00-6:30 pm; skating rink, free City of Columbia Heights MINUTES January 10, 2022 City Council Meeting Page 16 skate rentals per Dave's Sport Shop, thank you to them, beverages, popcorn, smores and look forward to seeing everyone. Mayor Marquez Simula added that on February 12, 2022, Heights Next and the library are partnering on their Pet Bed activity. Report of the City Attorney Attorney Hoeft had no update. COMMUNITY FORUM Director Hanson addressed the Council regarding the items that were previously discussed in the Community Forum on December 13, 2021. He stated Central Avenue has been a concern for pedestrian safety. Right after the pedestrian bridge was completed, they looked at how they could improve pedestrian safety. He said they also looked at the medians to see if they could limit or deter people from crossing at the medians and presented concepts to MNDOT. They were looking for funding opportunities for what they wanted there, hit a roadblock, but will continue to look at Federal or State grant opportunities in the future. Councilmember Buesgens asked if Director Hanson could provide the cost of the medians approximately. He stated estimates for barriers based on the width, but it ranged in about $400,000 per block. Director Hanson stated they also looked at lighting due to accidents in the evening hours, so they pursued funding and were successful from 47t" Avenue to 515t Avenue. They have looked at other funding for 47t" Avenue to 43rd Avenue and have not been successful but will continue to look for funding. They are working on collaborating with MNDOT in other cities on pedestrian safety on Central Avenue and University Avenue. They are looking to host an open house on pedestrian safety for Central Avenue, possibly at the end of February. Mayor Marquez Simula asked about the lights on Central Avenue, 47t" Avenue to 515t Avenue that have a purple hue recently. Director Hanson stated they are LED and due to the temperature, it may cause them to look different, but he will check into it. Director Hanson next addressed the issue of pedestrian safety around ponds. He provided a memo to the Council that explains how they establish ponds and how they are designed to certain criteria; slope and making the water body itself less accessible; a bench is created at the water level and plantings surround the pond. Around Zurek Pond, the native plantings were there to be a deterrent. It was reviewed previously with the Parks and Recreation Commission and if it meets this criteria, they do not do any fencing as it is not a guarantee. An example of a pond that didn't meet the criteria is Jackson Pond but most of the ponds have these types of measures as deterrents and design criteria. Councilmember Jacobs asked if this information on the pond was given to the resident that came to the Council meeting. Director Hanson said it was available at the Parks and Recreation meeting, but he will make sure it does. Mayor Marquez Simula opened the community forum. City of Columbia Heights MINUTES January 10, 2022 City Council Meeting Page 17 No one wished to speak. New Business and Reports Motion by Councilmember Murzyn Jr., seconded by Councilmember Jacobs to close the meeting to discuss Items 31 and 32 pursuant to Minnesota State Statue §13D. 05 Subdivision 3 and Minnesota State Statue §13D.03. All Ayes, Motion Carried 5-0. 31. Discuss Potential Acquisition of 5229 University Ave NE. Closed per Minnesota State Statue §13D.05 Subdivision 3. 32. Review of Compensation Study for Labor Negotiation Strategy. Closed per Minnesota State Statue §13D.03. Motion by Councilmember Buesgens, seconded by Councilmember Jacobs to reconvene the open session. All Ayes, Motion Carried 5-0. ADJOURNMENT Motion by Murzyn Jr., seconded by Councilmember Jacobs., to adjourn. All Ayes, Motion Carried 5-0. Meeting adjourned at 8:37 pm. Respectfully Submitted, Sara Ion, City Clerk/Council Secretary