HomeMy WebLinkAbout04-11-2022 City Council Meeting MinutesCITY COUNCIL MEETING
City Hall —Council Chambers, 590 40th Ave NE
Monday, April 11, 2022
7:00 PM
MINUTES
Mayor
Amada Marquez Simula
Coundimembers
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,
April 11, 2022, in the City Council Chambers, City Hall, 590 401h 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: Lenny Austin, Chief of Police; Kelli Bourgeois, City Manager; Aaron Chirpich, Community
Development Director; Mitch Forney, Community Development Coordinator; Jim Hoeft, City Attorney;
Sara Ion, City Clerk/Council Secretary; Dan O'Brien, Assistant Fire Chief; Toni Crockett, City Resident;
James Alexander, City Resident; Brenna Zeimet, City Resident; Rachel James, City Resident; Ed Higgins,
City Resident; Mary Granlund, City Resident; Jon Abeler, Rental Property Owner; Laurie Nordahl, City
Resident
PLEDGE OF ALLEGIANCE
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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 Councilmember Jacobs, seconded by Councilmember Buesgens, to approve the Agenda as
presented. All Ayes, Motion Carried 5-0.
CONSENT AGENDA
Mayor Marquez Simula requested that Item 5 of the Consent Agenda, "Second Reading of Ordinance
1672, Regulating Targeted Picketing", be pulled for further discussion.
Motion by Councilmember Murzyn Jr., seconded by Councilmember Novitsky, to approve the Consent
Agenda as presented. All Ayes, Motion Carried 5-0.
1. Approve March 22, 2022 City Council Work Session Minutes
Motion: Move to approve the City Council Work Session Meeting Minutes of March 22,
2022.
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2. Approve March 23, 2022 Special City Council Meeting Minutes
MOTION: Move to approve the Special City Council Meeting Minutes of March 23, 2022.
3. Approve March 23, 2022 City Council Work Session Minutes
Motion: Move to approve the City Council Work Session Meeting Minutes of March 23,
2022.
4. Approve March 28, 2022 City Council Meeting Minutes
MOTION: Move to approve the City Council Meeting minutes of March 28, 2022.
5. Pulled from the Consent Agenda for further discussion: "Second Reading of Ordinance
1672, Regulated Targeted Picketing".
6. Adopt Resolution 2022-46, Approving No Mow May
MOTION: Move to waive the reading of Resolution 2022-46, there being ample copies
available to the public.
MOTION: Move to approve Resolution 2022-46 Supporting No Mow May.
7. Adopt Resolution 2022-47, Approving a Master Partnership Contract with MnDOT
MOTION: Move to waive the reading of Resolution 2022-47, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2022-47 being a Resolution approving the Master
Partnership Contract with MnDOT.
8. Capital Equipment Replacement: Public Works Wheeled Excavator
MOTION: Move to authorize the purchase of one (1) new 2022 Volvo EWR130E Wheeled
Excavator with attachments from Nuss Truck and Equipment in Burnsville, MN, for
$208,675.00 from the Water (433.9499.44999), Sewer (432.9499.44999) and Storm
(438.9699.44999) funds.
9. Capital Equipment Replacement: Public Works Patch Truck
MOTION: Move to authorize the purchase of (1) Western Star 47X Single Axle Cab &
Chassis from Boyer Ford Trucks, Inc. of Lauderdale, MN for $100,953 and (1) STPH22-17
asphalt pothole patcher from Stepp Manufacturing of North Branch MN for $102,626 for a
total amount of $203,579 allocated from fund 431-3121.
10. Acquisition of Toyota Mini -Truck
MOTION: Move to authorize the acquisition of one (1) Daihatsu Hijet (Toyota) model
S510P Mini -Truck, purchase cost $20,500, and one 2022 Western V Snowplow, purchase
cost $4,000, for a net cost of $0.00 after deducting for vehicle trade-ins, plus tax and
license, from AR -MAR Service located in Bemidji, Minnesota.
11. Rental Occupancy Licenses for Approval
MOTION: Move to approve the items listed for rental housing license applications for April
11, 2022, in that they have met the requirements of the Property Maintenance Code.
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12. License Agenda
MOTION: Move to approve the items as listed on the business license agenda for April 11,
2022 as presented.
13. 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 $1,425,656.16.
ITEM PULLED FROM THE CONSENT AGENDA
S. Second Reading of Ordinance 1672, Regulating Targeted Picketing
Mayor Marquez Simula asked that Chief Austin come forward to answer questions that
were received regarding this item and provide background on how this is a concern for the
community.
Chief Austin reported that there have been discussions regarding an increase in situations in
the state and in the nation, where local leaders have become targets for frustration and
anger and faced with threats to themselves and their families. He stated that this has
increased in the last few years, and in his tenure, he has not seen it to this level. He added
that the League of MN Cities did a survey and 80 percent of elected officials stated that they
had experienced some sort of harassment, threats, or violence. Chief Austin said that he
brought this item forward, as he doesn't see the safety of elected officials going away,
especially in the immediate future. He stated that targeted picketing can cause emotional
stress in those neighborhoods, and it can obstruct public use of streets and sidewalks. He
said that cities have adopted similar ordinances which help regulate this. He added that
government officials are concerned about first amendments rights of free speech and
expression, however, there also needs to be concern about the safety of local leaders, their
families, and neighbors.
Mayor Marquez Simula asked how this ordinance specifically addresses the concern and if
she could currently call the police right now regarding people that are outside bothering her
and her neighbors. Chief Austin stated that hopefully those situations would start with a
conversation, but based on the circumstances, this ordinance would allow them to know
what they can do to address those issues.
Councilmember Jacobs asked for clarification on if residents still have the right to peacefully
protest other than in specific neighborhoods or residences. Chief Austin said that this
ordinance is based upon some case law that the Supreme Court had addressed in the late
1980's. He read the definition of targeted residential picketing, which is "any activity
including but not limited to, marching, standing, or patrolling, that is conducted on or in
close proximity to and is focused on a single residential dwelling without the consent of the
dwelling's occupants".
Councilmember Jacobs asked if this ordinance is for all elected officials, not just Council.
Chief Austin stated that is correct.
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Mayor Marquez Simula asked about if someone other than an elected official is being
targeted, would they be protected by this ordinance. Chief Austin stated this would address
other areas of concern as well, but elected officials are the ones that are more likely to be
targeted.
Mayor Marquez Simula asked how residents can still peacefully protest, if elected officials
can approve of it if it's not threatening, and what would they do if there is no sidewalk in
front of a residence. Chief Austin stated that each situation would need to be evaluated; he
stated the city hall and the police department are more likely to be places for protest, which
he doesn't see as an issue there. He reiterated that this ordinance tries to balance first
amendment rights as well as a person's privacy.
Mayor Marquez Simula asked about the new city hall, and how residences will be above it;
what if an elected official lived there, would that limit where people could protest. Chief
Austin stated that it's situational based on if this ordinance would apply, he would first
recommend trying to have a conversation if there was concern to try to balance their rights
and individual privacy.
Mayor Marquez Simula stated she had a similar concern about the location of the public
safety building and its proximity to residences. Chief Austin stated that if there was a
protest at the police department, as it relates to a police incident or about police, he
doesn't believe this ordinance would apply based on the definition of targeted residential
picketing.
Mayor Marquez Simula stated she is concerned on the vagueness of the ordinance and that
it "depends". Chief Austin said that unfortunately some ordinances are written that way
and that's why the case law helps to direct the ordinance in this manner.
Councilmember Buesgens stated she agrees with freedom of speech, but she's read about
school board members who were physically harassed by being followed to their front door
and infringing on their personal property; that's gone too far. She stated that there are
plenty of places where they can allow protests and marches. She added that their city
hasn't had to deal with this, but this is being proactive, rather than reactive.
Councilmember Jacobs said she agreed with Councilmember Buesgens' comments, and that
they can't lose sight of the fact that in the last few years there have been comments made,
that would be concerning to individuals on the Council; she agrees with being proactive and
supports it.
Councilmember Murzyn Jr. and Councilmember Novitsky both concurred that they
supported it.
Mayor Marquez Simula stated that she would like to see how other communities are
handling it, although she agrees with being proactive, this does give her pause to say yes to
it.
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Motion by Councilmember Jacobs, and seconded by Councilmember Novitsky, to waive the
reading of Ordinance No. 1672, there being ample copies available to the public. All Ayes,
Motion Carried 5-0.
Motion by Councilmember Jacobs, and seconded by Councilmember Novitsky, to approve
Ordinance No. 1672, being an Ordinance Amending Chapter 10, Article 3 of the Columbia
Heights City Code, Regulating Targeted Picketing, and direct staff to send the ordinance, as
presented, for publication in the legal newspaper. All Ayes, Motion Carried 5-0.
PUBLIC HEARINGS
14. Adopt Provisional Rental License for 3947 Tyler Street NE
Assistant Fire Chief O'Brien reported that this item is for consideration of conversion of the
rental housing license to operate a multi -rental unit within the City of Columbia Heights to
a one -unit provisional license until 9/30/2022 for the property located at 3947 Tyler St NE.
He added that by zoning law, it cannot be a tri-plex.
Mayor Marquez Simula opened the public hearing.
Toni Crockett, City resident, stated that she is the owner of 3947 Tyler Steet NE and she
asked for the Council to consider allowing it to be legal non -conforming as a tri-plex rental
property. She said she purchased the property in March 2018 and asked for verification
that it was a legal tri-plex. She stated that the seller went to City and it was then inspected,
and said to be a legal non -conforming property as long as the violations were remedied,
and that is why she purchased the property. She said she was surprised to get notice that
she was in violation, and that is going to cause financial burden on her because this was her
"retirement plan". She added that she's been licensed four times as a tri-plex.
Councilmember Jacobs asked for clarification on what the Council is voting on tonight.
Chief O'Brien indicated that they would be authorizing it to change from three licenses to
one conditionally for the remainder of this licensing period, which ends on September 30,
2022, at which at that time it would need to be returned to a single-family residence.
Director Chirpich added that the property is zoned R2-A, which allows for twinhomes, but
the minimum lot area needs to be 12,000 square feet, which this property is only around
9,000 square feet.
James Alexander, City resident, stated that they are there in support of the landlord and
have lived at the residence since June 2017. He said that if it is converted to a single-family
residence, his family will not be able to afford it; they are trying to pursue an adoption, and
a change of address can complicate the situation. He added that they have not had any
problems with neighbor's downstairs, and they would like to stay there.
Mayor Marquez Simula asked how this item affects the tenant. Chief O'Brien stated it only
affects him how he described.
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Attorney Hoeft stated that this property has never been a legal non -conforming use, and
that you can't obtain it because a mistake was made in the past.
Motion by Councilmember Buesgens, seconded by Murzyn Jr., to close the public hearing
and to waive the reading of Resolution Number 2022-51, being ample copies available to
the public. All Ayes, Motion Carried 5-0.
Motion by Councilmember Buesgens, seconded by Murzyn Jr., to adopt Resolution Number
2022-51, being Resolution of the City Council of the City of Columbia Heights approving a
provisional rental housing license until 913012022 pursuant to City Code of the rental license
listed. All Ayes, Motion Carried 5-0.
15. First Reading of Ordinance No. 1673, Amending Chapter 8 Article 1 of the City Code
Director Hansen reported that the City has been a MS4 (Municipal Separate Storm Sewer
System) City since 2003. As an MS4, they are required to submit a permit for the operation
of our storm sewer system to the Minnesota Pollution Control Agency (MPCA), which
includes a Storm Water Pollution Prevention Program, or SWPPP. Permits are valid for 5-
year periods and must be renewed prior to or at the end of the permit cycle. A 4th
generation of the MS4 permit was submitted in 2020. A copy of the Storm Water Plan and
SWPPP is on the City website at:
https://www.columbiaheightsmn.gov/departments/public_works/swppp.php
As noted in recent budget reviews with the Council and in past work sessions, each cycle of
the MS4 permitting process has become more involved requiring a higher level of effort by
staff to meet the requirements of the permit. This new cycle again has additional
requirements and is more involved related to staff effort. As indicated in the June 2021
update to the Council and the February 2022 work session, the new permit requires several
ordinance changes. To meet the requirements of the new statewide permit, the following
ordinance amendments to update the city code are recommended:
The change is a requirement in the new permit to require animal owners to clean up after
their pets on public property.
Staff recommends scheduling the second reading of ordinance amendment amending
Chapter 8: Public Health and Safety, Article 1: Animals for April 25, 2022.
Mayor Marquez Simula asked about which parks have the pet waste bags. Director Hansen
stated he could not say, but they are looking to add them and have them around walking
paths and in several parks.
Mayor Marquez Simula opened the public hearing.
No one wished to speak.
Motion by Councilmember Murzyn Jr., seconded by Councilmember Jacobs, to close the
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public hearing and waive the reading of Ordinance No. 1673 there being ample copies
available to the public. All Ayes, Motion Carried 5-0.
Motion by Councilmember Murzyn Jr., and seconded by Councilmember Novitsky, to set the
second reading of Ordinance No. 1673 being an Ordinance Amending Chapter 8 of City
Code for April 25, 2022. All Ayes, Motion Carried 5-0.
16. First Reading of Ordinance No. 1674, Amending Chapter 8 Article VII of the City Code
Director Hansen reported this item amends the existing ordinance regarding salt storage,
and it is specific to industrial and commercial areas within the City.
The introduction of salt storage facilities and how salt is stored and used, and where
facilities may be located in the city is now a requirement of the new permit. This applies to
all industrial/commercial/institutional facilities, including the City.
Staff recommends scheduling the second reading of ordinance amendments amending
Chapter 8, Article VII: Surface Drainage Connections and Discharges of the City Code for
April 25, 2022.
Mayor Marquez Simula opened the public hearing.
No one wished to speak.
Mayor Marquez Simula asked who the public would call if they had a concern about salt
storage. Director Hansen stated they have a stormwater specialist at public works that
would look into complaints.
Motion by Councilmember Murzyn Jr., seconded by Councilmember Jacobs, to close the
public hearing and waive the reading of Ordinance No. 1674 there being ample copies
available to the public. All Ayes, Motion Carried 5-0.
Motion by Councilmember Murzyn Jr., seconded by Councilmember Buesgens, to set the
second reading of Ordinance No. 1674 being an Ordinances Amending Chapter 8 of City
Code for April 25, 2022. All Ayes, Motion Carried 5-0.
17. First Reading of Ordinance No. 1675, Amending Chapter 9 of the City Code
Director Hansen reported that clarifying descriptions were added to define which type of
storm water permit is referred to or discussed in the code language. The definition of the
threshold for a storm water management plan was also updated. He added that a
stormwater permit is required for any soil disturbance over one acre. The section on
erosion control was also changed to add 'waste control' within the storm water
management plan.
Staff recommends scheduling the second reading of ordinance amendment amending
Chapter 9: Land Use, Article 1: Zoning and Land Development of the City Code for April 25,
2022.
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Councilmember Buesgens asked about when smaller lots need to replace their sewer line,
what is required for that type of soil disturbance. Director Hansen stated that there is a
shoreline ordinance, which is a protected area and has certain requirements, and there is
also a requirement for single-family residences to have an erosion control plan, which
come to public works for review.
Mayor Marquez Simula opened the public hearing.
No one wished to speak.
Motion by Councilmember Murzyn Jr., seconded by Councilmember Novitsky, to close the
public hearing and waive the reading of Ordinance No. 1675 there being ample copies
available to the public. All Ayes, Motion Carried 5-0.
Motion by Councilmember Murzyn Jr., seconded by Councilmember Novitsky, to set the
second reading of Ordinance No. 1675 being an Ordinances Amending Chapter 9 of City
Code for April 25, 2022. All Ayes, Motion Carried 5-0.
18. First Reading of Ordinance No. 1676, Amending Chapter 4 Article II of the City Code
Director Hansen reported that Section 1, Item E.6 is added in total to include parts of trees
within the authority of the City to inspect and require remediation or removal. Item E.7
increases the minimum distance a tree must be pruned above streets and sidewalks within
the public right-of-way. It is also amended to provide authority for the removal of parts
deemed to be an immediate threat to the public. Item J establishes the requirement for all
tree removal companies to be licensed through the City annually. Item K is amended to
clarify the process and procedure of abatement and provide authority for the City to trim
trees within the right-of-way during regularly scheduled activities without first notifying the
property owner.
Section 2 is amended to restrict planting trees with a mature height taller than 25' within
25' of overhead utilities and allow for a process for citizens to request an exemption to the
stump removal requirement.
Section 3 is amended to include the term "managed natural landscape". This term is
included to recognize the desire of the public to reduce the maintenance requirements of
their lawn and provide natural growth for insect habitat. The process for deciding if an area
is managed will fall to the City and residents must comply with City requirements.
Staff recommends scheduling the second reading of ordinance amendments amending
Chapter 4: Municipal Services, Article II: Tree and Weed Services of the City Code for April
25, 2022.
Councilmember Buesgens asked if it is legal for someone to remove a 35-40-foot tree from
their lot by themselves. Director Hansen stated that yes, property owners can remove a
tree themselves.
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Councilmember Buesgens asked if information regarding the "managed natural landscape"
can be posted on the website. Director Hansen said there is an information sheet created
and if approved, they will post information on the City website.
Mayor Marquez Simula commented on when letters are sent out for possible weeds, that it
stated they only have four days to remedy it from when the letter was sent, which she
believes is a short period of time.
Councilmember Buesgens stated now that now that the "managed natural landscape" is
defined, they could discuss the four days at a work session and if they are on vacation, how
those situations would be handled.
Director Hansen stated that those are handled through the nuisance ordinance and by the
fire department; it takes about seven days for them to act on that usually.
Councilmember Jacobs asked if the initial letter is more informational or if action is taken
at that time. Chief O'Brien stated that the property is first posted with a tag, which is the
"official notice", they also mail a letter which is received around a week, and then reinspect
after a week. He added that if within the next 12 months there is another violation, it is
immediately sent to a contractor, they are not given notice.
Councilmember Buesgens asked if they are trained on the type of plants, weeds versus
natural landscape. Chief O'Brien stated they have received some training, but the City's
master gardener can also go out and decipher the plants as well.
Councilmember Buesgens asked if it could be noted somehow if a property has the natural
landscape. Chief O'Brien stated they could notate it, but because licensing is not required,
they may not catch it every time.
Councilmember Jacobs and Councilmember Buesgens discussed concerns regarding if
someone is on vacation and cannot dispute that it's a natural lawn. Councilmember Jacobs
stated that maybe the natural landscapes should be registered with the City. She stated
that she would be in favor of having a registry.
Mayor Marquez Simula asked if this ordinance would need to be changed if the nuisance
ordinance changed, regarding the four days.
Manager Bourgeois stated that if the Council wants to make a change to the four days, that
wasn't part of the notice for this ordinance, so another notice would need to be sent out
with the change. She added that the ordinance could be approved tonight and then an
amendment could be done at a later date or table this item until the notice could be sent
out with the change.
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Director Hansen stated this ordinance has been this way for a long time. He said this
timeframe was previously discussed at a work session with a different Council regarding
the four days; the four days was decided because the process went on too long.
Councilmember Buesgens stated that this type of lawn may have not been around in the
last few decades and she doesn't want their work to be mowed down if there is a
misunderstanding.
Mayor Marquez Simula asked for the timeline on the nuisance ordinance and the possible
change on the four days. Director Hansen stated he would want to discuss the four days
with the department that enforces it and then present at a work session. He stated that the
registration would also need to be discussed and brought back to the Council at a work
session.
Mayor Marquez Simula opened the public hearing.
No one wished to speak.
Motion by Councilmember Novitsky, and seconded by Councilmember Jacobs, to close the
public hearing and waive the reading of Ordinance No. 1676 there being ample copies
available to the public. All Ayes, Motioned Carried 5-0.
Motion by Councilmember Novitsky, and seconded by Councilmember Jacobs, to set the
second reading of Ordinance No. 1676 being an Ordinance Amending Chapter 4 of City
Code for April 25, 2022. All Ayes, Motioned Carried 5-0.
19. First Reading of Ordinance No. 1677, Amending Chapter 4 Article III of the City Code
Director Hansen reported that the City adopted the current water service ordinance in
August 1991. Since the adoption of the ordinance many technologies, laws and practices
have changed in the water industry, and within Columbia Heights Public Works. In an effort
to align practices, procedures and current enforcement of the ordinance, an amendment
to the Water Service is necessary. Also, throughout this chapter all gender specific
pronouns have been replaced. The Minnesota Department of Health, acting in the role of
primacy for the Environmental Protection Agency, has enacted laws requiring the
enforcement of cross connection control programs, and the identification and replacement
of lead service lines. The Minnesota Uniform Plumbing Code was also recently updated.
These new laws and codes require several ordinance changes. To meet the requirements of
the new nationwide laws, and to bring our ordinance in line with the statewide plumbing
code, the following ordinance amendments to update the city code are recommended:
Section 3, the tapping of water services is no longer done by City staff. Licensed contractors
perform this task and the resulting work is inspected by Public Works. Additionally, no
person other than City staff is allowed to operate valves on the water distribution system.
The addition of item B.4 adds language to codify this practice.
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Section 4, Item D is amended to clarify the process of adding a water service to the
distribution system and ensure proper review of service size is conducted before
installation. Item F is amended to clarify "All taps other than" meant larger than 2" in
diameter. Item J is updated to consider construction techniques which may place the water
meter someplace other than within 1 foot of an exterior wall. It is also amended to ensure
valves are sized accordingly to the pipe on which they are installed, not service size. This
change is necessary because a large service pipe will be often reduced before a meter is
installed. This allows the meter to be sized for the expected usage and not the size of the
service. This practice makes the metering of water more accurate. Item M added in total to
establish code pertaining to cross connection control. The EPA and MDH updated
enforcement guidelines pertaining to backflow prevention inspection and cross connection
control. This item was added to ensure the City has the necessary authority to inspect
devices, require their proper installation and repair, and penalize property owners that do
not comply with the requirements. A connection that requires a control device poses a
threat to the public water supply, and this item is a means for the city to protect the water
supply.
Section 6, the requirement that each unit in a building have a separate curb stop was
added to ensure new and altered water services comply with this requirement. The curb
stop is the point of control for the City for each metered unit. Having separate curb stops
allows for the water at one unit to be shut off without disrupting service to other units.
This addition only pertains where separate meters are installed and
Section 12, Item A.2.d is amended to provide adequate space around the water meter to
allow City staff to perform required installations and repairs. Item A.3 is amended to
include enforcement language pertaining to granting access to the water meter and
establishes the process by which residents will be notified. It is no longer city practice to
shut off water to a residence for non-payment, or improper functioning meters. The
language added to this section allows the city to have an enforcement process without
shutting off water service. If it becomes necessary to seek a water shut off, the Council
would have the authority to grant staff permission to do so. Item B is removed in total.
Staff are no longer sealing meters and code should represent current practices. Item C is
changed to Item B and amended to remove the language pertaining to general wear and
tear. A new meter replacement program will happen in the next few years. The new meters
come with a 20-year warranty and if they fail because of general wear and tear they will be
replaced at no charge to the homeowner. Item D is amended to impose penalties on
property owners that intentionally tamper with a water meter. The penalties are designed
to follow other sections amended in this chapter.
Section 13, Item A is amended to clarify how estimation will be performed for any metered
usage that cannot be read. Item C is amended to include all current charges being placed
on the quarterly water bills, and clarify what constitutes payment toward the quarterly
invoice as well as the process for assessment of unpaid charges. All reference to water
shutoffs for non-payment has also been removed to better represent current practices.
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Section 17 is amended to define the proper usage of temporary hydrant meters, backflow
prevention requirements and the process for obtaining said meter.
Staff recommends scheduling the second reading of ordinance amendments amending
Chapter 4: Municipal Services, Article III: Water Service of the City Code for April 25, 2022.
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 Ordinance No. 1677 there being ample copies
available to the public. All Ayes, Motion Carried 5-0.
Motion by Councilmember Novitsky, seconded by Councilmember Murzyn Jr., to set the
second reading of Ordinance No. 1677 being an Ordinance Amending Chapter 4 of City
Code for April 25, 2022. All Ayes, Motion Carried 5-0.
ITEMS FOR CONSIDERATION
20. Root Property Update and Approval of Additional Project Costs
Community Development Coordinator Forney reported he would provide the Council with
an update on the environmental remediation of 3930 University Avenue NE (the Root
property) and highlight and discuss issues that the project ran into, and the steps required
as the project moves forward.
Over the past two years, Community Development staff have been working with Anoka
County and the City's environmental consultant Carlson McCain to plan for the remediation
of the Root property. In December of 2021, Carlson McCain and the City's demolition
contractor Veit initiated the environmental cleanup. Over a period of 4 weeks, Veit
removed two storage buildings, their slab foundations, the basement foundation of the
main building, 665 tons of contaminated soil, and clear-cut a majority of the site. During
the remediation of the site, Veit and Carlson McCain uncovered an old dumpsite on the
southern end of the property, two large fuel storage tanks, and an additional foundation
underneath one of the storage building foundations. The dumpsite and additional
foundation were immediately remediated. The storage tanks were left in place and
covered to prevent any leaking or other damage to the area. These tanks will require
further action which is discussed in a separate staff report.
The remediation of the extra foundation and dumpsite increased the overall cost of the
initial project. Not only did Veit have to excavate all materials, but additional testing was
required to move forward. The dumpsite contained a wide variety of debris including
asbestos -containing materials. The presence of asbestos required Veit to take extra
precautions when remediating the dumpsite. Asbestos -containing materials can only be
disposed of at certain dumpsites which also contributed to an increase in cost. The
remediation of the unexpected debris was essential to the continuation of the project. To
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obtain a No Further Action letter from the MPCA, all the contaminants had to be removed.
Other than the fuel tanks, the contamination from the rest of the site has been
remediated.
The funding for the initial remediation efforts at the Root property was provided through
Anoka County and the Community Development Block Grant program (CDBG). Included are
two change orders and a resolution requesting funds from the Anoka County Housing and
Redevelopment Authority (ACHRA). The change orders alter the original contracts with the
City's contractors to cover the additional costs incurred. The resolution follows staff's
recommendation to utilize the ACHRA special levy to pay for the increased project costs
not covered by CDBG funds. Remediating the Root property directly supports the goals and
mission of the ACHRA Levy.
Veit completed the original contracted project $7,644.52 under bid, but the additional
unexpected work added $21,882.63 to the project cost. Since Veit finished the project
under bid, Veit's change order increases the contract cost by $14,239 for a total contract
cost of $93,719. Carlson McCain came in with an initial bid of $14,250 but added
$10,493.80 due to the additional work required. This resulted in a total project cost of
$24,743.80 for Carlson McCain. CDBG Funds covered $71.835.48 of Veit's project cost and
$11,874.30 of Carlson McCain's. This leaves the City responsible for an additional
$34,752.13, which staff recommend using the ACHRA levy to cover.
Currently, Carlson McCain is working to obtain the necessary project completion
documents from the MPCA. These documents, including the No Further Action letter, are
required to close out the CDBG funded portion of the Root property cleanup. Anoka county
staff are working on the reimbursement of CDBG funds while awaiting the receipt of the No
Further Action letter to close out the project. Community Development staff expect two
more invoices to be brought forth after the project is complete. One from Carlson McCain
covering their work with the MPCA going forward. The second is from the MPCA to cover
their review.
Community Development staff recommends the approval of both change orders. The
additional incurred costs were essential to the completion of the project and the ultimate
receipt of CDBG funds. Staff also recommend the approval of resolution 2022-49, a
resolution authorizing the use of ACHRA funds to cover the increased remediation costs.
Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to approve the
final compensation change orders for Veit and Carlson McCain for the environmental
remediation of 3930 University Avenue NE. All Ayes, Motion Carried 5-0.
Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to waive the
reading of Resolution No. 2022-49, there being ample copies available to the public. All
Ayes, Motion Carried 5-0.
Motion by Councilmember Buesgens, seconded by Councilmember Murzyn Jr., to approve
Resolution No. 2022-49, a resolution requesting funds from the Anoka County Housing and
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Redevelopment Authority to support economic development activities at 3930 University
Avenue NE, Columbia Heights. All Ayes, Motion Carried 5-0.
21. 3930 University Fuel Tank Removal and Remediation
Coordinator Forney reported that during the recent environmental remediation of 3930
University Avenue NE (Root Property), the City's demolition contractor uncovered two
6,000 Gallon heating oil storage tanks that were not expected. These tanks were found
buried behind the main building's foundation. He informed the Council of what steps are
necessary to accommodate the removal of the tanks, and to seek approval to apply to the
State of Minnesota Abandoned Underground Storage Tank Removal Program.
Further research found that there was little to no way of knowing about the abandoned
storage tanks. Both tanks were never registered with the correct state agencies and two
separate historical site reviews, in 2012 and 2019, failed to identify the existence of the
tanks. Community Development staff are looking to make use of the Department of
Commerce's, Abandoned Underground Storage Tank Removal Program. The Program
covers 100% of the costs to remove abandoned storage tanks. To qualify for the program,
staff need to prove that the City did not know of the tanks when the property was
purchased. If the City's application is approved, the Department of Commerce will hire
private contractors to remove the tanks and conduct environmental sampling of the
affected area. If no contaminants are found to have leaked from the tanks the Department
of Commerce will regrade the area and the site remediation will be complete.
If contaminants are found to have leaked from the tanks, the City's application and the
sampling report will be sent to the MPCA for further review. The MPCA will review the
circumstances and documents from the tank removal to determine if the City is responsible
for the spillage and the cleaning of the contaminants. If the City is found to not be
responsible, the MPCA will contract to have the remaining environmental remediation
completed at no cost to the City. If Columbia Heights is deemed responsible, it falls on the
City to remediate all contaminants. In this event, the City can apply for the Department of
Commerce's Petroleum Tank Release Cleanup Fund ("Petrofund") grant. The Petrofund
reimburses approved applicants up to 90% of the costs related to the cleanup of tank
contaminants.
The City's environmental consultant Carlson McCain and a representative from the
Department of Commerce, believe that the tank removal project would qualify for the
removal and remediation of the tanks at no cost to the City. Community Development staff
recommend moving forward with the applications for the Department of Commerce's
programs.
Councilmember Buesgens asked what the timeline is for the cleanup. Coordinator Forney
stated that the Department of Commerce said a few months, but the MPCA is on their own
timeline.
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Motion by Councilmember Jacobs, seconded by Councilmember Murzyn Jr., to waive the
reading of Resolution No. 2022-50, there being ample copies available to the public. All
Ayes, Motion Carried 5-0.
Motion by Councilmember Jacobs, seconded by Councilmember Murzyn Jr., to approve
Resolution No. 2022-50, a resolution of the City Council for the City of Columbia Heights,
Minnesota, authorizing the submittal of the abandoned underground storage tank removal
and petroleum tank release cleanup fund applications to the Minnesota Department of
Commerce. All Ayes, Motion Carried 5-0.
Bid Considerations
22. Adopt Resolution 2022-48 Being a Resolution Accepting Bids and Awarding a Contract for
the 2022 Street Rehabilitation Program, Projects 2202 and 2206
The 2022 Columbia Heights Street Rehabilitation Program consists of the following
projects, Bid A— D and Alternate 1. Bid A: Zone 6 and Zone 7 street rehabilitation, project
2202, partial reconstruction and mill and overlay; Bid B: Municipal State Aid 47th Avenue,
mill and overlay, project 2206; Bid C: Chatham Road mill and overlay (repair); and Bid D:
city-wide striping (epoxy paint), refreshing the epoxy paint striping on primarily MSA
streets which have had a mill and overlay within the last few years. Striping will be done
after reclamite surface treatment this summer. Alternate 1: residential sidewalk and
driveway construction for those properties adjacent to the project was also included in the
bid as Alternate 1.
On February 14, 2022, the Council authorized staff to advertise the 2022 Street
Rehabilitation Program for bids. In February, plans and specifications were advertised for
bids in the LIFE newspaper and electronically on the City website and through Quest
Construction Data Network. Seventeen contractors (8 prime bidders and 9 subcontractors)
requested a copy of the bidding documents. Three bids were received and publicly read
aloud at the April 6, 2022, bid opening.
The low bid was submitted by Valley Paving of Shakopee, Minnesota in the amount of
$1,728,233.42. The bid was 10.3% higher than the Engineer's estimate. Funding will be
provided by assessments, Infrastructure, State Aid, General, Water, Sanitary, and Storm
Sewer funds. Based upon the bids received, Valley Paving, Inc. is the low, qualified,
responsible bidder. Staff is recommending award of the bid to Valley Paving, Inc.
Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to waive the
reading of Resolution 2022-48, there being ample copies available to the public. All Ayes,
Motion Carried 5-0.
Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to adopt
Resolution 2022-48 being a Resolution accepting bids and awarding the 2022 Street
Rehabilitation Program consisting of Bid A: Street Rehabilitation — Zone 6 and Zone 7;
Project 220Z Bid B: Municipal State Aid — 47th Avenue Mill and Overlay; Project 2206, Bid
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C: Chatham Road Mill and Overlay (Repair), Bid D: City Wide Street Striping (Epoxy Paint),
and Alternate 1: Residential Construction, to Valley Paving, Inc. of Shakopee, MN based
upon their low, qualified, responsible bid in the amount of $1,728,233.42, appropriated
from the following funds, $1,452,324.93 from Fund 415-6400 (2202), $141,617.53 from
Fund 415-6400 (2206), $13,795.25 from fund 212-3190, $18,700.71 from Fund 101-3121,
$16,040.00 from Fund 601-9430, $19,490.00 from Fund 602-9450 and $66,265.00 from
Fund 604-9650; and, furthermore, to authorize the Mayor and City Manager to enter into a
contract for the some. All Ayes, Motion Carried 5-0.
CITY COUNCIL AND ADMINISTRATIVE REPORTS
Report of the City Council
Councilmember Buesgens stated she is now the liaison to the Mississippi Watershed Management
Organization on the board; they just had a meeting to review the ten applications for the director and
chose the top four candidates; they will be interviewing them in two weeks. She watched a webinar on
the avian flu through the University of Minnesota Extension for small scale poultry; she recommended
that people with chickens watch their flock and look to the University for resources. She stated that
her and her husband cleaned their adopted storm drains; she would like to encourage community
members to clean their nearby drains before the storms that are coming. She is excited about "No
Mow May", it is to encourage pollinator and insect growth; she said that worldwide we have lost 50-
70% of the insects that feed other animals.
Councilmember Jacobs stated that SACA continues to allow clients into the food shelf with limitations,
and the thrift store is finally open; they are taking donations for gently used clothing from infant to
adult; she facilitated three resident reach outs. She recognized March 31, 2022, as "International
Trans -Day of Visibility"; she stated she stands with millions in America, for those that identify as
transgender and others of the LGBTQ community and she calls for all such people to be treated with
the dignity and respect that everyone deserves; she supports the long-standing commitment of justice
for all individuals through education and action, regardless of gender identity or gender expression.
She stated that "transgender people are valued family members and friends of the community; what
harms them, harms all of us."
Councilmember Novitsky reminded residents about "Adopt -a -Drain" or to pick up trash before it goes
into the sewer; April 23, 2022 is the City Clean-up Day; he said a dumpster will be available, paper
shredding, and information on "Adopt -a -Drain"; he stated to adopt -a -block if you can't make it to the
event and make the city clean.
Councilmember Murzyn Jr. stated he hoped to see everyone at the Clean -Up Day and that last year
they had a good turnout for paper shredding; it starts at 9:00 a.m.
Mayor Marquez Simula thanked the other Councilmembers for the reminder about the storm drain
cleaning. She stated she attended a MNDot meeting about the PEL Study; Regional Council of Mayors
meeting where she presented and moderated on a panel for racial equity; she is happy about the "No
Mow May" for the first time in the City and another benefit is that the roots can retain more water;
she applauded staff for when updating ordinances that they are also updating the gender pronouns.
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Report of the City Manager
Manager Bourgeois stated that the library had an "Adopt -a -Drain" presentation and celebration, there
were over 30 attendees, which is a huge turnout. She encouraged residents to keep adopting them,
the City would like to win that award again.
Report of the City Attorney
Attorney Hoeft had no update.
COMMUNITY FORUM
Mayor Marquez Simula opened the community forum.
Brenna Zeimet, City resident, stated that she is disappointed with the vote regarding targeted
picketing. She stated that everything the Chief spoke about is already illegal and the ordinance makes
it illegal to peacefully protest in front of people's houses. Zeimet stated that when they are talking
about communities of color, which is generally who is being talked about in these types of ordinances;
this is why this exists, is because in Minneapolis, people are dying at the hands of police, they are
getting no help from the city or the police. She stated she knows for a fact that lots of people
contacted the Council about this item, and the Council is still going to vote how they are going to vote;
their only recourse is protest, but if they make that illegal, it's a huge deal and can affect those who are
already struggling with the law; she stated it is unnecessary. She said that she is a school board
member, and they shouldn't be worried about them, they should be protecting the residents. Zeimet
stated that she is saddened that they are going to make it like Minneapolis; she said that in the Daunte
Wright case that all the public space was barricaded off and you had to be in people's lawns or on the
street.
Councilmember Jacobs called a "Point of Order" and stated that the community forum states that
individuals may address the Council about any item not included on the regular agenda and it violates
the process in place.
Attorney Hoeft stated the Council has the right to decide by majority if the community forum is out of
order or not.
Motion by Councilmember Jacobs, to follow the process of the community forum as stated. There was
no second motion made.
Councilmember Novitsky asked why that sentence is in there if they are not going to follow the
process.
Mayor Marquez Simula said that she did not write the community forum statement and it was there
before her. She stated that she believes that community members should be able to speak for five
minutes with their elected officials.
Councilmember Murzyn Jr. stated that he doesn't have a problem with people coming up and saying
what they want to say as long as they are respectful, not yelling, or swearing.
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Rachel James, City resident, stated she was there to speak on targeted picketing; she said that it was
not clear that there would not be a public hearing on the second reading. James thanked the Mayor for
pulling it from the consent agenda so that the community could hear what each councilmember was
thinking and more from the Chief. She stated she appreciates that the Chief stated that this tries to
balance free speech and safety, but she draws the balance differently; she believes privacy weighs less
than the right to free speech. She added there are laws against harassment threats, and this ordinance
does not change that. She stated cities are doing this in response to the protests in May and June 2020;
she finds it unnecessary and discriminatory. James stated that this is now an ordinance on the books,
and it takes a long time to change an ordinance. She said she is disappointed that standing in front of
someone's house can lead to a misdemeanor; she appreciates that it was stated that a conversation
would be had first, but someone could be charged, and it could cause a big problem. She stated that
she was contacted by several Somali and African American community members and they were scared
to be there tonight; she said there are already ordinances for noise, trespassing, and blocking the right-
of-way so this is unnecessary; she believes that rights for free speech are very important and those
rights may have been violated in this case.
Ed Higgins, City resident, stated that it is a tragedy when any form of free speech is criminalized, when
people cannot express themselves freely it stifles creativity and an open dialogue; it also creates an
environment of fear and mistrust. He said that criminalizing free speech is often done to "protect"
public order, or "prevent" violence, however, history has shown that the voices of decent are often the
most important in challenging injustices and promoting social change. Higgins stated that criminalizing
free speech, the people who could help move forward as a society are silenced. He stated that "we
must always fight for the right to express ourselves, even when unpopular or inconvenient, only then
can we truly progress as a community". He said that there is a ruthless dictator who is against free
speech, committing genocide against the people of Ukraine because of their "gender freedoms". He
stated that there are additional questions regarding protests that need to be answered, it's a slippery
slope; the freedom of speech includes the freedom to offend people. He added that if the Council
doesn't want protests in front of their homes, they should not do anything that causes citizens to
protest.
Mary Granlund, City resident, stated that she is disappointed in the passage of the targeted picketing
ordinance that evening. She said she is aware of the courts upheld ordinances in other municipalities,
she is significantly concerned about the infringement upon rights. Granlund stated she is another
elected official in the community, and she was unaware of this ordinance, even though the Chief and
the Council were using the School Board as a reason to move this forward. She stated she does not
have a sidewalk in front of her house and she lives across from the post office, she lives on a municipal
state aid roadway, adjacent to two county highways; where are people going to protest, she asked. She
added that she is worried about the "situational" nature of this ordinance because that was the
response by the Chief regarding many of the questions. She added that she does not want people to
picket in front of her house, but her discomfort doesn't override people's first amendment rights.
Jon Abeler, Rental property owner, stated that he owns a rental property in the City that they have had
for ten years; he has had other rental properties in other cities and spoke to the cost that other cities
charge for rental licenses. He stated that they received a notice that the price was going to increase
but didn't feel there was opportunity to speak to that; he said a rental license is $300 a year. He stated
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that he is going to be required to pay a $160 reinspection fee, even though his daughter is just moving
out; they have a track record already. He asked if it could be brought before the Council to waive the
$160 fee. He stated that there had been some conversations regarding changing the rental licensing
period, but it got delayed due to COVID; he hopes these conversations can be had again.
Laurie Nordahl, City resident, stated she is there to express her disappointment with the ordinance
that was passed regarding targeted picketing. She stated that this ordinance is unnecessary and she
believes it is in response to Black Lives Matter protests, and the national and global movement to hold
people in power accountable. She stated that "We the people, reserve the right to demonstrate",
change does not happen by making sure everyone is comfortable; it's how marginalized groups obtain
freedom and fair treatment. Nordahl stated its how many things have been won such as, mandated
work breaks, the right to vote, the right to marry who we want, the right to sit in elected seats. She
stated that this ordinance criminalizes the right to demonstrate, and makes it easier for protestors to
get misdemeanors. She stated that protests are organized and organic and move through residential
areas; they don't just happen because something was annoying or inconvenient, it happens because
something wrong happened. She said the public responds when the government pushes back on the
right to protest, such as in Minneapolis; that these ordinances cause more violence between
protestors and police; the further dissolution of trust between the public and elected officials and
government bodies who are responsible for the justice and safety of the people who live in the City.
She asked the Council to make an amendment to undue the approval of the ordinance.
ADJOURNMENT
Motion by Murzyn Jr., seconded by Councilmember Novitsky, to adjourn. All Ayes, Motion Carried 5-0.
Meeting adjourned at 8:56 pm.
Respectfully Submitted,
Sara Ion, City Clerk/Council Secretary