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HomeMy WebLinkAbout01-24-2022 City Council Meeting MinutesCITY COUNCIL MEETING City Hall —Council Chambers, 590 40th Ave NE Monday, January 24, 2022 7:00 PM MINUTES Mayor Amdda Mdrquez 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 24, 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; Jim Hoeft, City Attorney; Sara Ion, City Clerk/Council Secretary; Lenny Austin, Chief of Police; Anthony Guzdkiewicz, Police Officer; Eileen Sowry, Imbedded Social Worker; Jim Hauth, Public Works; Dan O'Brien, Assistant Fire Chief; Minerva Hark, City Planner; Jeff Bahe, Business Owner; Zach and Melissa King, Residents; Daniel and Amy, Residents; Korrie Holzer, Resident; Connie Shackle, Resident; Tia Weinand, Resident; Michael Weinand, Resident; Nathan Roberts, First Lutheran Church; Alexandria Bowman, Resident; Larry McDonough, Tenant Attorney; Krystin Eldridge, Tenant Advocate; Angela Bonfiglio, Tenant Advocate; Arianna Anderson, Minneapolis Resident of Havenbrook; Olaxson Koisee, Minneapolis Resident of Havenbrook; Maria Bertrand, Tenant Advocate; Shanley Fogarty, Resident; Matt Guertin, Resident; Aza Donnelley, Resident; Frost Simula, 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 Buesgens, seconded by Councilmember Jacobs, to approve the Agenda as amended. All Ayes, Motion Carried 5-0. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Black History Month Proclamation Mayor Marquez Simula recognized the month of February 2022 as "Black History Month" and read the City's Proclamation. City of Columbia Heights MINUTES January 24, 2022 City Council Meeting Page 2 Zach and Melissa King accepted the proclamation and stated they were honored to receive the proclamation on behalf of the African American Community in the City and it means a lot that the month is recognized. B. Health Care Month Proclamation Mayor Marquez Simula recognized the month of January 2022 as "Health Care Month" and read the City's Proclamation. Members of the health care community in the City accepted the proclamation and thanked the Council for the recognition and support. They encouraged everyone to continue to be kind during these times. C. International Holocaust Day of Remembrance Proclamation Mayor Marquez Simula recognized January 27, 2022, as "International Holocaust Day of Remembrance" and read the City's Proclamation. Daniel and Amy, City residents, accepted the proclamation. Daniel stated this day is to remember all groups that have been persecuted and that it still goes on today. He stated he was personally impacted by the Holocaust. He added that there continues to be hate in the world, and this country was built on escaping religious persecution. He thanked the Council for recognizing this day within the City. D. Climate Awareness Proclamation Mayor Marquez Simula recognized 2022 as "Climate Awareness Year" and read the City's proclamation. Jim Hauth, Public Works Superintendent accepted the proclamation via Zoom and thanked the Council. E. Introduction of New IT Director Jesse Hauf City Manager Bourgeois stated last year a consultant was hired to create an IT strategic plan, and within the plan, it was recommended to create a separate IT division within the City and establish an IT Director position. Director Hauf introduced himself to the Council. He stated he was previously an IT Technician at the City about ten years ago, he has many years of experience in IT and he also owns and operates 10K Brewing in Anoka. He hopes he can serve the City well and that the department can be a forward thinking department, where IT can execute on. Councilmember Buesgens welcomed Director Hauf and stated she is excited about this new IT Director position, which was formally part of the Finance Director position. Councilmembers welcomed Director Hauf. F. Introduction of New Police Officer Anthony Guzdkiewicz City of Columbia Heights MINUTES January 24, 2022 City Council Meeting Page 3 Chief Austin introduced Officer Guzdkiewicz and gave his educational background. He stated that Officer Guzdkiewicz worked as a CSO for about a year for the department before he was promoted to Police Officer. Officer Guzdkiewicz stated he looked forward to getting to know the Council and is proud to serve the City. G. Introduction of Imbedded Social Worker Eileen Sowry Chief Austin introduced Social Worker Sowry, he stated the department was fortunate to receive a Department of Justice grant to fill this position. He added that it was a competitive grant, and they were one of thirty-four agencies in the United States to receive a grant. Chief Austin provided background on Social Worker Sowry's employment, which included working in correctional facilities and working with people who are having psychotic episodes or may be suicidal. He stated that she has been onboard for a few weeks now and is already making an impact on the department. Social Worker Sowry thanked the Council for having her at the City and for the support that was expressed of having a social worker imbedded in the department. She stated she is excited to be working in the department and looking forward to helping people in the City. CONSENT AGENDA Motion by Councilmember Jacobs, seconded by Councilmember Novitsky, to approve the Consent Agenda as presented. All Ayes, Motion Carried 5-0. 1. Approve January 10, 2022 City Council Meeting Minutes. MOTION: Move to approve the amended City Council Meeting minutes of January 10, 2022. 2. Approve January 13, 2022 Special City Council Meeting Minutes. MOTION: Move to approve the Special City Council Meeting minutes of January 13, 2022. 3. Approve Resolution 2022-12 Appropriating $25,000 From the General Government Special Projects Fund 226 and Entering Into An Agreement with the Morris Leatherman Company to Conduct a Community Survey. MOTION: Move to waive the reading of Resolution 2022-12 there being ample copies available to the public. MOTION: Move to approve Resolution 2022-12, being a resolution appropriating $25,000 from the fund balance of the general government special projects fund 426 to the 2022 budget, and authorizing the city manager to enter into a related agreement with the Morris Leatherman Company for completion of a community survey. 4. Approving the Memorandum of Agreement (MOA) Between the State of Minnesota and Local Governments and Authorizing Participation in the National Opioid Settlements. City of Columbia Heights MINUTES January 24, 2022 City Council Meeting Page 4 MOTION: Move to waive the reading of Resolution 2022-13 there being ample copies available to the public. MOTION: Move to approve Resolution 2022-13, being a resolution approving the Memorandum of Agreement (MOA) between the State of Minnesota and local units of government and authorizing participation in the national opioid settlements. 5. Approve 2021 Pay Equity Report. MOTION: Move to accept the City of Columbia Heights 2021 Pay Equity Report. 6. Award Contract to Replace Entry Doors at Top Valu Liquor Store II. MOTION: Move to award a contract to replace the entry doors at Top Valu Liquor Store II, to Stanley Access Technologies for $16,800. 7. Authorization to Seek Bids for 2022 Sanitary Sewer Rehabilitation Project. MOTION: Move to authorize staff to seek bids for the 2022 Sanitary Sewer Rehabilitation project on Central Avenue, 37th to 45th Avenues. 8. Rental Occupancy Licenses for Approval. MOTION: Move to approve the items listed for rental housing license applications for January 24, 2022, in that they have met the requirements of the Property Maintenance Code. 9. Approve License Agenda. MOTION: Move to approve the items as listed on the business license agenda for January 24, 2022, as presented. 10. 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 $974,013.95. PUBLIC HEARINGS 11. Consideration of Resolution 2022-009, Revocation of the License to Operate Rental Units Within the City of Columbia Heights Against the Rental Property at 1401/1403 Circle Terrace Blvd. NE for Failure to Meet the Requirements of the Residential Maintenance Codes. This item was not acted on because the Residential Maintenance Codes were met. 12. Consideration of Resolution 2022-010, Emergency Abatement at 84149th Ave NE. Assistant Chief O'Brien's report stated that on September 9, 2021, a complaint -based inspection was conducted at the property of 84149t" Ave NE. He found the structures on the property (home and garage) unsecured and excessive sanitary violations and large amounts of trash, debris, and rubbish throughout the interior of the home as well as a flooded basement. A compliance order was sent via regular mail to the owner at the address and a copy was posted on the property with a declaration of the building as City of Columbia Heights MINUTES January 24, 2022 City Council Meeting Page 5 Hazardous Building/Unfit for Human Habitation posting. On June 28, 2021, following numerous attempts to find and make contact with the property owner, Assistant Fire Chief O'Brien, concerned that the electric, water, and gas utilities were compromised by the basement flooding initiated an emergency disconnect abatement of said utilities. A Notice to Close the Vacant/Dangerous Structure was posted on the property and a copy was mailed to the address on file. On November 11, 2021, following several unsuccessful attempts to make contact with the owner of record, Assistant Fire Chief O'Brien ordered Bauer Services to secure the vacant structure. Based upon said records of the Fire Department, the following conditions and violations of City Code were found to exist and have been abated: approve the emergency, and any subsequent, abatements of the hazardous situation located at 84149th Ave NE. Mayor Marquez Simula opened the public hearing. No one wished to speak. Councilmember Buesgens stated that she doesn't recall a time where the owner could not be contacted and asked if they are required to wait a certain amount of time before taking action. Assistant Chief O'Brien said they are just waiting to hear from someone to claim the property, it looks like the taxes were paid last year. He added that if someone doesn't claim the property they will need to look into options in the future. Motion by Councilmember Jacobs, seconded by Councilmember Buesgens, to close the public hearing and waive the reading of Resolution 2022-010, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Jacobs, seconded by Councilmember Buesgens, to adopt Resolution Number 2022-010, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the emergency abatement, and any subsequent abatements, of the hazardous situation located at 841 49th Ave NE. All Ayes, Motion Carried 5-0. 13. Consideration of Resolution 2022-011, Emergency Abatement at 45014th Street NE. Assistant Fire Chief O'Brien's report stated that on September 9, 2021, a complaint -based inspection was conducted on the property at 450141" Street NE. Inspectors found violations of city code. A compliance order was sent via regular mail to the owner at the address and posted on the property. On September 16, 2021, pursuant to city code, the property was posted as Unlawful to Occupy. Assistant Chief O'Brien found the front door of property out of the frame and unsecured. On October 1, 2021, Assistant Chief O'Brien issued orders to the property owner to secure the vacant structure. On November 2, 2021, Assistant Chief O'Brien obtained a Search Warrant from the 10th Judicial District to facilitate the correction of violations in the absence of a property owner. On November 10, 2021, the Assistant Fire Chief ordered the water department to shut off the water to the property and on November 11, 2021, ordered Bauer Services to winterize the water system City of Columbia Heights MINUTES January 24, 2022 City Council Meeting Page 6 and secure the vacant structure. On November 11, 2021, the Assistant Fire Chief ordered Bauer Services to secure the vacant structure following a break-in. Based upon said records of the Fire Department, the following conditions and violations of City Code were found to exist and have been abated: approve the emergency abatement, and any subsequent abatements, of the hazardous situation located at 45014th St N.E. Assistant Chief O'Brien added that the property owner was deceased, and they could not find any information regarding any other ownership or probate process ongoing. He was aware of a grandson that wanted to occupy the property but since he was not the owner there could be no owner to hold a rental license. He stated that a tree at the property also needed to be removed due to someone chopping around the base, making it unsafe. Mayor Marquez Simula asked how often does it happen to have two abatements. Assistant Chief O'Brien stated it does not happen very often, it's unusual. 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 2022-011, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Novitsky, seconded by Councilmember Jacobs, to adopt Resolution Number 2022-011, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the emergency abatement, and any subsequent abatements, of the hazardous situation located at 4501 4th St NE. All Ayes, Motion Carried 5-0. 14. Approve Suspension of Alcohol License for Jeff's Bobby and Steve's Autoworld, located at 3801 Central Avenue NE. City Planner Hark reported that on November 12, 2021, the Columbia Heights Police Department conducted routine alcohol compliance checks at all licensed alcohol retailers in the City of Columbia Heights. Jeff's Bobby and Steve's Autoworld, a licensed retailer of off -sale 3.2% beer, located at 3801 Central Avenue NE, failed their compliance check that day by selling alcohol to a person under the age of 21. This is their second violation within a 24-month period. City Code Section 5.511 (C)(1) stipulates that the sale of alcoholic beverages to a person under the age of 21 subjects an Off -Sale Beer licensee, who is enrolled in the Best Practices Program at the time of violation, to an administrative penalty of $500.00 for a second offense within a 24-month period. In addition, after the second offense within a 24-month period, the license shall be suspended for not less than three days. A previous violation occurred on November 6, 2020, at which time, an employee sold alcohol to a person who was under the age of 21. City of Columbia Heights MINUTES January 24, 2022 City Council Meeting Page 7 Staff recommends that the City Council suspend the Off -Sale 3.2% Beer license issued to Jeffrey Bahe and Robert Williams, on behalf of Jeff's Bobby and Steve's Autoworld, for a minimum of three days. Staff recommends the suspension dates of January 28, 29, and 30, 2022. City Planner Hark added that this does not require the whole store to shut down, rather just the suspension of alcohol sales. She stated that the licensee will need to work with the Police Department on how to restrict access during these days, such as locking coolers or removing alcohol from public view. Mayor Marquez Simula opened the public hearing. Jeff Bahe, owner of Jeff's Bobby and Steve's Autoworld, stated that he has nothing to say but they do train their employees, and they are told to scan the license. He added that the individual "took it upon himself not to do his job". Mr. Bahe stated the individual does not work there anymore; they are having a hard time finding employees and are short-staffed, but there are no excuses for this. In the future, the system is set up to require them to scan the license, and they cannot override it. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to close the public hearing and waive the reading of suspension of Alcohol License for Jeff's Bobby and Steve's Autoworld, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, suspend the Alcohol License issued to Jeffrey Bahe and Robert Williams, on behalf of Jeff's Bobby and Steve's Autoworld, located at 3801 Central Avenue NE. The three-day suspension shall be effective on the dates of January 28, 29, and 30, 2022 as determined by the City Council. All Ayes, Motion Carried 5-0. ITEMS FOR CONSIDERATION New Business and Reports 15. Accept 2021 Compensation Study. Manager Bourgeois stated that the City contracted with Keystone Compensation to conduct a citywide compensation analysis. The last compensation study was conducted in the 1980s. During a closed session the draft analysis and implementation strategies were discussed. This study is being used in bargaining unit negotiations and required that every job description within the City to be updated. It is recommended that the City Council accepts and approves the final Classification and Compensation Program and the implementation strategy as discussed. Motion by Councilmember Jacobs, seconded by Councilmember Murzyn, Jr., to accept City of Columbia Heights Employee Compensation Study. All Ayes, Motion Carried 5-0. CITY COUNCIL AND ADMINISTRATIVE REPORTS City of Columbia Heights MINUTES January 24, 2022 City Council Meeting Page 8 Report of the City Council Mayor Marquez Simula said she attended our Sister City meeting; if interested in learning about Lomianki, Poland, the group meets monthly in the Council Chambers and is discussing a trip in fall 2022; if you are a member remember to send in your dues. She attended the Traffic Commission meeting; the Winter Parking Townhall Discussion, which was fantastic; attended the ceremony of the swearing in of Officer Guzdkiewicz; hosted the first LatinX Community Listening Session on Zoom; attended a Heights Next board meeting on Zoom; and over the last five days had many conversations regarding Havenbrook Homes and the current situation. Councilmember Novitsky stated he attended the Winter Parking Townhall Discussion, it was well attended and thanked those who attended. He said the Saint Patrick's Day Parade that was previously held in Minneapolis, will be held in the City this year on February 17, 2022, details are being worked out; the Lions are hosting a wrestling event at Murzyn Hall on Saturday, February 12, 2022, doors open at 6:00 pm. Councilmember Murzyn Jr. congratulated Officer Guzdkiewicz and told the Police Department to keep up the good work. Councilmember Jacobs said she attended "Engaging Women of Color"; as part of the COVID Relief Program Metropolitan Council announced that the City has been allocated $57,000; she attended Officer Guzdkiewicz's swearing in ceremony; she congratulated him and said it is nice to see young people who have been involved in the community step forward, and take on what he is taking on in today's culture. She added that she attended the Traffic Commission meeting and the City's Winter Parking discussion, where she was impressed with the attendance and feedback; she facilitated 11 resident reach outs. She later added that the Charter Commission meeting that was scheduled for January 2022 has been canceled and the next meeting will be held in April 2022, at which any movement forward on Special Elections for Council vacancies will be discussed. Councilmember Buesgens attended the Winter Parking discussion and appreciated those who attended and all of the feedback; she added that hopefully the City can work on the concerns that were mentioned. She attended the LatinX Listening Session, the Heights Next board meeting, and addressed resident concerns regarding the rental revocation at the last meeting that impacted 21 homes. She welcomed Officer Guzdkiewicz and said they look forward to having him part of the department, she was unable to attend the ceremony as she had a prior commitment. She stated she is excited that Social Worker Sowry's position being added to the Police Department as she believed having access to a social worker would be helpful for the department and the residents. Report of the City Manager Manager Bourgeois stated that 10 applications were received for the Youth Commission and will be reviewed by the Council in the next week; SnowBLAST is returning for a second year on February 5, 2022 at Huset Park from 3:00-6:00 pm, hosting several activities; with the approval of the Community Survey that evening, staff is asking the 400 residents that receive a phone call to help by scheduling to take the survey as they need the feedback; there also will be a 10-20 question survey available that anyone can take and the results will be made available once the survey is complete. She added that several staff members and departments have been working on rental licensing and updating City of Columbia Heights MINUTES January 24, 2022 City Council Meeting Page 9 ordinances including addressing the corporate landowner issue, which was planned to come to Council in the next few months, there will be more information to come. Report of the City Attorney Attorney Hoeft had no update. COMMUNITY FORUM Mayor Marquez Simula opened the community forum. Mayor Marquez Simula made a statement regarding Havenbrook Homes. She stated she knows many residents are upset and she also raised kids in rentals; she understands how it is to have a negligent landlord, and that renters can feel powerless. She added that this week she has spent hours speaking to renters who are affected by this unfortunate situation and speaking to City staff, City attorney, and nonprofit organizations. She stated the Council continuous reviews rental properties and usually landlords make repairs that are needed, but each month the Fire Department identifies rentals that are unsafe by absentee landlords, which is done so that renters have safe and dignified housing. Havenbrook Homes had multiple properties that were deemed unsafe for residents and did not respond to any notices for six months. Mayor Marquez Simula emphasized that it is the responsibility of the landlord to keep renters updated, and it was her understanding that they were doing so; however, it was discovered they were not, when 21 families were given notices to leave the property. She continued that she learned that these families were not notified of the public hearing, did not have the opportunity to be a part of the solution by having their voices heard, or make plans due to the revocation. She stated it is "not fair, especially during this current housing market, in the winter, during a pandemic and it isn't right, the City has a business relationship with property owners, but they also have a relationship with renters". She shared some information regarding what she learned about tenant's rights, including that the Police Department will not forcefully remove renters from their homes, that utility companies and the City are required to still provide utilities to the property, renters can contact Judicare so they will work for the renter, where rent payments can go into an escrow account rather than to Havenbrook Homes. She stated Havenbrook Homes cannot evict renters and will not change the locks on the properties. She asked that renters inform the City of any changes to their property, and they will do the same. She said she is committed to doing everything she can for their affected families and making positive changes for renters in the future, and staff is working to find ways for families to stay in their homes. She provided business cards with her personal cell for anyone who like to speak to her directly about the situation. Korrie Holzer, City resident, stated she and her husband have been renting from Havenbrook Homes for three years; she's celebrated holidays, done housework, gardening, shared meals, had her children and godchildren at her home, where it has accumulated life and love. She said they now have less than 45 days to pack up those three years, establish vital services, notify all appropriate parties and family, and to cry, stress over, and figure out where to move and how to pay. She stated each renter's credit score will be impacted by this, because a hard inquiry is completed, where some renters are trying to buy homes; the repercussions of this will be long standing and homelessness is only one of them. Ms. Holzer said that the average moving costs from one rental to another is $4,000, according to several relocation calculations; she doesn't have an extra $4,000 after Christmas, while she is out of work, and her household is recovering from COVID. She stated that three years ago her and her husband moved City of Columbia Heights MINUTES January 24, 2022 City Council Meeting Page 10 back to Minnesota, after moving to the Southwest to retire her parents and selling their small business; moving across the country twice in two years is a serious financial undertaking. She indicated that they chose to move to the City to be close to their friends and rent while they saved to buy a home, then a pandemic hit and she lost her job, her son moved back in but in the winter there is less work so he is barely making it. They were still happy to be back in the Midwest where "people care about their neighbor". She said they found a house but can not move in until June, and the City gave them until March 4, 2022, to move; she was so proud to live in the City and is disturbed that she and 20 other households may experience financial ruin and homelessness. Ms. Holzer provided details on some of the families and the situations they are enduring. She added that the households they see as "slums in this area, are homes they have established and maintained", if there is no direct health hazard why they cannot stay out their leases. She said that the Council has the legal ability to protect the renters under the tenant remedies acts, appoint a third party and take on the management of the rentals. She said that the Council said that two were not livable, but her home is. She stated she didn't believe that the Council was going to do anything about this situation, but asked that it be changed for the future, as 45 days to move out in the winter is a punishment to pay for a "crime they did not commit". Connie Shackle, City resident, stated she has lived in her property since 1993, the property next to her has switched ownership several times over the years, and Havenbrook Homes took over in 2014; all the renters since have been great neighbors. She said that one of the renters left for vacation and forgot to leave a key so she could help care for their cats and with the help of Havenbrook Homes and the Police Department they were able to gain access. She stated she isn't there to defend Havenbrook Homes, but the renters have been good families and neighbors, they are required to take care of the mowing and snow removal, they are screened, pay high rent to live there, and are "human beings that deserve to be treated with respect". She understands the City must adopt and follow the rules even when those decisions are unpopular, however, she does not understand how the City could revoke a license without knowing how many families would be impacted. She stated that if the City had the ability to put a notice on the home, how did those who occupy the properties not receive a notice that there was going to be a meeting about their home. She said that she hopes this will be changed for the future as a bad landlord is not going to notify residents that there is going to be a public meeting that they didn't fix their house. She added that she believes the City should have an inspection process for when homes are sold and that they should be held to the same standard to notify residents, just as if she were to want to change her home to a duplex, she would be required to do so. She stated she is concerned about the rental property and how long it may remain vacant or what will be done with it if Havenbrook Homes doesn't do anything, there is a portion of sidewalk that leads to a bus stop, and she will probably have to shovel. She concurred with Ms. Holzer that she believes the City should have a third party take over the management and the residents can stay until the end of their lease. She asked the Council if there is anything that can stop Havenbrook Homes from purchasing a home in the City. Tia Weinand, City resident, stated she has been homeless before and was hoping that would never happen to her children. She said that when the two licenses were revoked, it also revoked licenses for 12 other properties and displacing 20 other families and doesn't understand how this "clerical error" took place. She stated that these homes are not unsafe, they are not low income, or "transient renters" who are not invested in this community; two-thirds of income is spent on rent, unlike homeowners; they are active in their community and always have been. She said she would feel better about this whole situation if this was a "blatant attempt to gentrify the City by evicting renters instead City of Columbia Heights MINUTES January 24, 2022 City Council Meeting Page 11 of being a clerical error and being completely forgotten about". She showed the Council a breakdown of the cost of moving for her situation and explained there are not many properties in the area where her kids can go to the same school. She explained some of the solutions that can be done: first, was do nothing, the properties will go into disrepair, Havenbrook Homes has made some repairs; second, the renters can file individual lawsuits, which some will not be able to so they will have to move anyway, which is the same is doing nothing; third, provide relocation funds; fourth, develop a community land trust and sell back to renters; fifth, the City can file tenant remedy action and take on the lawsuit. She stated she is unsure where to go from here or why she would want to remain a resident of the City if all she is, is a "clerical error". Michael Weinand, City resident, started by saying that the renters are not there to defend or criticize Havenbrook Homes, but they angered at the City and the departments that have failed this process. He stated they moved into their property in March 2021 and on January 18, 2022, it was the first time they heard from the City, when the Fire Department posted the notice. He stated that because of the pandemic his children were at home during that time, and he had to comfort his child who was worried about having to leave her home. He said that the damage is done, the families are traumatized by the actions of the City, and everyone in the neighborhood can see the notice on their homes that says that they have to leave. He stated he doesn't know what to do or what the solution is, but this is a dispute between the City and Havenbrook Homes. They received the clarifying letter, but it is an insult, stating that the City doesn't want to equate affordable housing with unsafe housing, but he stated, "who says it is affordable or unsafe", as no one has inspected the interior of the homes. He said the letter also said that they did not need to be out in 45 days but on the notice it is in big red letters; he continued that it stated it hoped they would continue to part of the community, but why would they want to be; the trust is broken. Mr. Weinand stated that the Council can fix this and although it may have not been their intention, their actions sent a message that they care about the details of the rental license and the relationship with the landlord and not about the people who live there. He stated this is their opportunity to step up and prove that they care about residents, and he doesn't want his kids to worry about where to live; there needs to be a long-time solution, so this doesn't happen again, and it is unacceptable. He said that the Council has an obligation to do a thorough process and inform those who need to be informed, otherwise they should not serve as public servants. Nathan Roberts, First Lutheran Church Staff, stated he spent ten hours this week on the phone with several groups trying to help figure out what people are going to do. He was delivering a bed to one of the families, who he has mentored the children for three years, and he said they are very afraid now that they received the notice. He stated he spent time trying to find Section 8 housing, reaching out to several groups, it took four days to get a phone call back; it is unreasonable to find housing in 45 days. He stated this City is for "working class people" and the City cares about them, but if there was a mistake, then the City could use its collective power to fight on behalf of it's citizens versus everyone having to find their own lawyers. He stated it's expensive to have your own lawyer, which is difficult for most people to do; he believes the Council can do something about this and use the resources they have to help the community. He said that the StorTribune is already covering this situation and he doesn't want to be part of a community that is in a newspaper evicting people in the middle of winter; that's not who the City is. He lives in south Minneapolis, which can be rough, and there is a large homeless population, which isn't the way it is in the City because "people show up for neighbors and City of Columbia Heights MINUTES January 24, 2022 City Council Meeting Page 12 renters". He stated these people are amazing valuable members of the community and they deserve that the Council dig deep into this situation. Alexandria Bowman, City resident, stated she lives in a house with three mid-20-year-olds. She came home one day and noticed the 45-day notice; she called the housing company and they didn't know what she was talking about, so she called the Fire Department, where she was told there should be a letter on the door as well; there was an empty envelope. She stated she isn't equipped to deal with this, all of her roommates are from south Florida, and the don't have the resources here or any family; they found this rental in 2020, which was a difficult process, and like living there and intended on signing a new lease. She said she is a server, but the industry has taken a huge hit because of the pandemic, but she still makes too much money for Judicare to help. She stated she does not have the means to move, and she and her roommates do not intend on moving; the market does not allow for them to move. She requested that they could stay until July when their lease ends and that their security deposit returned when they haven't done anything wrong on their end, even if the other party has not held up their end of the rental agreement. She stated this is her first rental and if she has a bad experience, she doesn't know how she will find another place; she has been homeless before and hopes that something can be figured out. Larry McDonough, Landlord/Tenant Attorney, stated via Zoom that he has been an attorney for 38 years mostly in the landlord/tenant area. He said they are concerned about the revocations for all of the reasons mentioned such as homelessness, the housing market as vacancy rates are low in the winter season, and there is data regarding evictions during a pandemic leading to higher infections. He stated that each individual could file a case but in order for the court to be involved, each tenant of each property would need to file but the City could file a case that covers all of the properties; that they can help the City file and that City action is the best solution. Mayor Marquez Simula thanked those who are speaking tonight and stated that although a response cannot be given tonight, the speakers are being heard and the information will used in their decision making; she expressed empathy for what the tenants are going through. Krystin Eldridge, Tenant Advocate, stated via Zoom that the tenants should not be held responsible for the neglect and repairs; she asked that the Council not evict tenants during the winter and a pandemic when children are learning at home; she asked for a TRA to be implemented and a City administrator be appointed over the homes; to rescind the notices and follow through on what renters want to see in their homes and respect that and take care of the citizens in the City. Angela Bonfiglio, Tenant Organizer for Havenbrook tenants in Minneapolis, stated via Zoom that she was displaced herself from her home this winter and can only imagine what these renters are going through; she hopes the Council can take action. She said that Havenbrook tenants in Minneapolis have experienced lack of communication, rent increases, lack of repairs, and very slow responses in the inspection process. She requested that the City work directly with the families that are affected and follow through with what renters want to see in their homes; they want to stay in their homes and have an investment in this community. She asked the City to rescind the notice to vacate and file a tenant remedy action for the court to appoint an administrator on the properties to keep them in their homes, run responsibly, and make repairs; get the rent abatement for the affected renters. She stated City of Columbia Heights MINUTES January 24, 2022 City Council Meeting Page 13 that Havenbrook Homes is responsible for this in the City but it should not be affecting the renters as it is currently. Arianna Anderson, Minneapolis Resident of Havenbrook, said via Zoom that she and her family lived in a home that was neglected, however, she is asking the City to find other solutions and not force the renters to find new housing during a pandemic in the middle of the winter. She stated she listened to all the speakers' stories and it's heartbreaking; she asked that they step up with real action and not punish the tenants. She asked the City rescind the notice to vacate, file a tenant remedies action to get a court to appoint an administrator, and get a rent abatement for the affected tenants. Olaxson Koisee, Minneapolis Resident of Havenbrook, stated via Zoom that he has rented from Havenbrook Homes the last two years and is facing the same problems that the tenants in the City are facing. He had the opportunity to share his story with the Attorney General and Governor of Minnesota. He asked that the Council listen to the tenants that are affected; he said that he doesn't believe it's appropriate with the winter to have the tenants that have established themselves and be out there. Mr. Koisee asked that a committee be set up to go into the homes to inspect them and see; he does not want to believe that these homes are to the extent that they cannot reside in them. He asked the City rescind the notice to vacate, file a tenant remedies action to get a court to appoint an administrator, and get a rent abatement for the affected tenants. Maria Bertrand, Tenant Advocate, stated via Zoom that she is there today in solidarity of tenants in the City; they heard from tenants of the City of Minneapolis about the issues with Havenbrook Homes, however the way to respond is not to punish tenants. She stated the City is forcing tenants to find new homes during a housing crisis, pandemic, and in the winter. She added that tenants deserve safe, affordable, and dignified housing; their voices and demands should be a priority. She asked the City to work with the families affected, rescind the notice to vacate, file a tenant remedies action to get a court to appoint an administrator, and get a rent abatement for the affected tenants. Shanley Fogarty, City resident, stated via Zoom that he has been a tenant of Havenbrook Homes for four years and received the notice on their home. He said the one thing they are asking for that they haven't gotten so far is communication; the clock is now ticking as it's been a week since they received the notice and they don't know where they are going to end up. He stated they need to make a plan, they have a pet, they work from home, and they are unsure if they need to be getting ready to move; they feel clueless and in the dark. Matt Guertin, City resident, and Mr. Fogarty's roommate, stated via Zoom that there is a mental health aspect of it, with seasonal depression and the pandemic, and now they have to figure out a new place to live. He continued that they are a part of the community, pay their bills and ultimately they are the ones getting hurt by this; they used to be proud of living there but now it's embarrassing, it's sad, it shows a lack of compassion and there are things that the Council can do about it. He said he isn't sure if the City is trying to prove a point by saying these homes need to be up-to-date but he hopes they find it in their heart to do something. He reiterated what several of the other speakers prior stated regarding the housing market, Judicare not helping if you make a certain amount of money, they can't afford a lawyer, and they aren't sure what plan they should make. City of Columbia Heights MINUTES January 24, 2022 City Council Meeting Page 14 Aza Donnelley, City Resident, said via Zoom that she stands in solidarity with all of the tenants who are needing to leave their homes in 45 days. She stated that she isn't the only homeowner in the City who is watching this situation, feeling helpless, sad, and worried for these people who are neighbors and part of the community. She asked the City follow the recommendations that have been outlined tonight to help these people stay in their homes, and for homeowners like herself, she mentioned that election years are coming and to do the right thing. Frost Simula, City Resident, stated via Zoom that hearing from all of the speakers, the Council knows the affects that are happening. He stated that when the Council revoked the licenses, that they did not know they were affecting 21 properties, that is a failure of process, and it does need to remedied. He said that ultimately Havenbrook Homes is at fault, not the tenants, and the City should file the TRA like other cities have, and it can be done. Mayor Marquez Simula thanked the speakers again and stated it is very valuable to this process. Councilmember Buesgens stated that her heart goes out to the tenants, she hopes that as a City that they can help them. She said she understands they are under a lot of stress, she hears them, and she hopes they can find a way to ease the burden and they will try. ADJOURNMENT Motion by Jacobs, seconded by Councilmember Buesgens, to adjourn. All Ayes, Motion Carried 5-0. Meeting adjourned at 8:54 pm. Respectfully Submitted, Sara Ion, City Clerk/Council Secretary