HomeMy WebLinkAbout07-25-2022 City Council Meeting MinutesCITY COUNCIL MEETING
City Hall —Council Chambers, 590 40th Ave NE
Monday, July 25, 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,
July 25, 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: Lenny Austin, Police Chief; Kelli Bourgeois, City Manager; Kevin Hansen, Public Works
Director; Jim Hoeft, City Attorney; Sara Ion, City Clerk; Joe Kloiber, Finance Director; Dan O'Brien,
Assistant Fire Chief; Jackie Zillmer, Assistance Finance Director; Kim Sebesta, City Resident; Ryan
Sebesta, City Resident; Chris Kolstad, Pizza Man Owner; Nicky Bohm, City Resident; David Mol, Redpath
and Company; Frost Simula, City Resident; Mary Granlund, City Resident; Justice Spriggs, City Resident;
Brenna Zeimet, City Resident
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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.
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA
Motion by Councilmember Murzyn Jr., seconded by Councilmember Buesgens, to approve the Agenda
as presented. All Ayes, Motion Carried 5-0.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
A. Recycling Champion, Kim and Ryan Sebesta
Mayor Marquez Simula reported that Kim and Ryan Sebesta have been nominated by their
neighbors for leading the neighborhood in recycling, reuse, and general waste reduction.
They do this in practice by maximizing their use of their curbside single sort recycle cart
and the drop-off recycle center and will try to reuse otherwise discarded materials. They
also have a compost cart and maximize organics separation from the trash. Their efforts
reduce the use of landfills and saves the City expenses, as the City pays by the ton for trash.
Kim completed a Master Recycler course and uses her skills to educate neighbors as well.
They also follow sustainable practices such as using a battery powered mower and
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snowblower, plus installed solar panels for their camper. We thank them for being a
Recycling Champion and for teaching their neighbors and us about how to be more
sustainable in our daily practices.
Mayor Marquez Simula presented Kim and Ryan Sebesta with a Recycling Certificate.
Kim Sebeta stated that the work isn't as hard as it seems, and it's easy to be "green"; it
takes a little bit of effort and a large recycling bin or two. She thanked the Council.
B. Outstanding Business in Columbia Heights, Heights Pizza Man
Mayor Marquez Simula stated that Chris Kolstad was nominated by his employees, who
has kept his business going through the pandemic, and hires people that may have not had
the same opportunity elsewhere. Marquez Simula further stated that Kolstad helps out
people waiting for the bus, and that he is a "shining star" within the City. Mayor Marquez
Simula presented Kolstad with a Certificate of Commendation for Outstanding Business.
Kolstad thanked the Council for the opportunity and recognition. He stated he has run
businesses his whole life and this is a different setting than the others; they have had the
chance to get a lot of people and enjoy what they do.
C. National Night Out Proclamation
Mayor Marquez Simula proclaimed August 2, 2022, "National Night Out" and read the
City's proclamation.
Chief Austin accepted the proclamation and stated that National Night Out is the highlight
of the year for the department. He stated that they have been part of National Night Out
for over 30 years and it's an opportunity for them to get out in the community to talk
about important topics and the partnerships they have in the City. Chief Austin stated that
they anticipate 40 parties, and they will be adding to the list throughout the week. He said
that the Council is welcome to ride along if they would like to.
D. National Black Business Month
Mayor Marquez Simula proclaimed August 2022, "National Black Business Month" and
read the City's proclamation.
Mayor Marquez Simula accepted the proclamation on behalf of Bruce Amos owner Amos &
Amos Barbeque, who was unable to attend that evening.
E. Americans with Disabilities Act Day
Mayor Marquez Simula proclaimed July 26, 2022, "Americans with Disabilities Act Day" and
read the City's proclamation.
Nicky Bohm, City resident and disability activist, accepted the proclamation.
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Bohm stated she is a special education teacher, advocate, and a person with a disability, as
well as a parent to a child with a disability. She stated that the Americans with Disabilities
(ADA) started before the 1990's, but the march took place on July 26, 1990; President
George Bush signed the Americans with Disabilities Act. She said that persons with
disabilities have faced discrimination in many ways such as not having access to public
places, safely living in their homes, and discrimination in the workforce. She further stated
that she has struggled if she should or shouldn't disclose her disability throughout her life
in fear; she considers her disability a gift.
Bohm said that the ADA has meant a lot to her, because she not only has a physical
disability, but she also has invisible disabilities. She stated that the ADA is supposed to
allow them to have access to life but there is still a long way to go; she gave examples of
several ways discrimination still exists.
She thanked the Council for the proclamation and accepted it on behalf of the people who
have fought for the rights of the disabled and continue to do so.
F. Certificate of Achievement for Excellence in Financial Reporting - Awarded to the City of
Columbia Heights' 2020 Annual Comprehensive Financial Report by the Government
Finance Officers Association
Director Kloiber reported that to promote high -quality, transparent financial reporting by
state and local governments, the Government Finance Officers Association conducts a
rigorous peer review program of participating governments' comprehensive annual
financial reports. Reports that successfully pass this review are awarded the Certificate of
Achievement for Excellence in Financial Reporting by the Government Finance Officers
Association. This certificate is the highest form of recognition in governmental accounting
and financial reporting, representing a significant accomplishment by a governmental unit
and its management.
The City's 2020 comprehensive annual financial report was awarded the Certificate of
Achievement for Excellence in Financial Reporting. In addition, the City's comprehensive
annual financial reports been awarded the Certificate of Achievement every year since
1990.
Copies of the City's comprehensive annual financial reports for recent years are available at
the finance department page of the City's website.
The award was presented by Director Kloiber and accepted on behalf of the City by
Assistant Finance Director Zillmer.
Kloiber further stated this is the 9t" year that Zillmer has led the process to receive the
award.
G. 2021 Summary Financial Information Presented by Independent Auditor, David Mol,
Redpath and Company
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David Mol, Redpath and Company, stated that the 2021 financial statements received a
clean or unmodified opinion. He congratulated the City, and specifically Kloiber and Zillmer
on receiving the Certificate of Achievement for Excellence in Financial Reporting. He said
that there were no items related to internal controls or non-compliance; there were no
disagreements with management during the process of the audit, and no difficulties in
performing the audit.
Mol discussed several of the financial results, how the general fund maintained working
capital, and displayed pie charts of the City's General Fund Revenues and Expenditures. He
discussed the Enterprise Fund Cash Balances and that there was an increase in sales in
2021 for Liquor Operations.
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 July 5, 2022 City Council Work Session Meeting Minutes
MOTION: Move to approve the City Council Work Session Meeting minutes of July 5, 2022.
2. Approve July 11, 2022 Special City Council Meeting Minutes
MOTION: Move to approve the Special City Council Meeting minutes of July 11, 2022.
3. Approve July 11, 2022 City Council Meeting Minutes
MOTION: Move to approve the City Council Meeting minutes of July 11, 2022.
4. Approve Five -Year Agreement with Axon for Premium Officer Safety Plan
MOTION: Move to authorize the City Manager and Police Chief to enter into a five-year
agreement with Axon for the Premium Officer Safety Plan at a total cost of $511,300.51.
5. Resolution 2022-067, Approving a Project Budget of $400,000 for Security Fencing and
Related Costs at the Public Safety Center, Using Fund Balance from the General
Government Buildings Fund 411
MOTION: Waive the reading of Resolution 2022-067, there being ample copies available to
the public.
MOTION: Move to adopt Resolution 2022-067, approving a project budget of $400,000 for
security fencing and related costs at the public safety center, using fund balance from the
General Government Buildings Fund 411.
6. License Agenda
MOTION: Move to approve the items as listed on the business license agenda for July 25,
2022 as presented.
7. Rental Occupancy Licenses for Approval
MOTION: Move to approve the items listed for rental housing license applications for July
25, 2022, in that they have met the requirements of the Property Maintenance Code.
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8. 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 $1,455,582.17.
ITEMS FOR CONSIDERATION
9. Change City Council Meeting Times
Manager Bourgeois reported that at the July Work Session, Staff presented the idea of
changing the Council regular and work session meeting times from 7:00 pm to 6:00 pm. to
make better use of Staff time and allow meeting participants to get home earlier in the
evening.
Manager Bourgeois stated that in the past, moving the meeting start time earlier was a
barrier to attendance and participation for community members who worked traditional
Monday through Friday 8:00 am-5:00 pm jobs as they would have to get home from work,
eat dinner, and then physically come to City Hall to be able to actively participate in Council
meetings. This has now changed with remote attendance and participation via Zoom,
which Council has recently confirmed they would like to continue to make available. Now,
residents can attend and participate in meetings from their own home or anywhere with
internet access.
Staff recommends changing the meeting start times for regular City Council meetings and
City Council work sessions from 7:00 pm to 6:00 pm. In addition, given the Economic
Development Authority (EDA) meets immediately prior to the Council work sessions, Staff
recommends changing the EDA meeting start times from 6:00 pm to 5:00 pm. These
meeting time changes would be effective for meetings beginning August 1, 2022. This
meeting time change would be permanent and be in effect unless and until the Council
votes to change it.
Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to change the
meeting start time for all regular City Council meetings and City Council work sessions to
6:00 pm effective August 1, 2022.
Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to change the
meeting start time for all regular Economic Development Authority meetings to 5:00 pm
effective August 1, 2022.
Bid Considerations
10. Accept and Award Contract for Public Safety Fence Improvement, City Project 2207
Director Hansen reported that on March 14, 2022, the Council authorized Staff to seek bids
to remove and replace existing chain link and decorative fence at the Public Safety Building
with anti -climb safety fencing. The project scope included fence removals, new anti -climb
fencing, concrete work, conduit and electrical installation, and access controls.
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Plans and specifications were prepared and advertised for bids in LIFE on May 13, 2022.
One bid was received and publicly read aloud at the June 7, 2022, bid opening. The Council
rejected this bid and authorized staff to prepare new plans and specifications that included
only fencing and gating work. These plans were readvertised for bid in LIFE on June 24,
2022, and electronically on the City's website. On July 19, 2022, the rebid opening was held
and two bids were received. Century Fence Company in Forest Lake, MN was the low
bidder with a total bid of $357,534.86.
The bid is consistent with the engineer's estimate for this portion of the work within the
entire project cost of $375,000 to $400,000. Staff will quote and coordinate the other work
(concrete work, conduit and electrical installation, and access controls) directly with
Century Fence. Funding will be from 2021 Police operating budget surplus that was
transferred into the Capital Building Fund 411.42100.45120.2207.
Based upon the bids received, Century Fence Company is the low, qualified, responsible
bidder. Staff is recommending award of the bid to Century Fence.
Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to accept and
award the contract for Public Safety Fence Improvement, City Project 2207, to Century
Fence Company of Forest Lake, MN based upon their low, qualified, responsible bid in the
amount of $357,534.86 with funds to be appropriated from Fund 411.42100.45120.2207
and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the
same.
CITY COUNCIL AND ADMINISTRATIVE REPORTS
Report of the City Council
Councilmember Novitsky thanked Staff for the great "Bring Your Kid to Work Day", he was able to bring
his daughters in to see what they do; he stated he hoped to see it again next year.
Councilmember Jacobs made a statement to the community: "I recently raised questions concerning
regard for the intent to add recognition of local businesses to the Mayor's ceremonial functions; under
other circumstances I fully support recognizing local businesses for their success and contributions to
the community; Pizza Man is a wonderful example of giving back to the community and I'm very
appreciative of their contributions. They are one of many businesses so deserving, unfortunately Pizza
Man has been caught in the web of this issue. I had hoped for delay in implementing this optional
recognition by the Mayor pending more in-depth discussion of the Council to evaluate the impact and
timing during an election, however, the decision was made by the Mayor to move forward with this
evening's presentation. To provide a little background and clarity, I reference Pizza Man's public
announcement of hosting a meet -and -greet for the Mayor. During a very short discussion during our
previous work session, the Mayor claimed she had not seen the post and did not know it was
advertised as a meet -and -greet, despite having commented on the thread prior to the work session,
confirming not only knowledge of the post, but also a sole responsibility to correct any inaccuracies
when they may occur. The Mayor is in an active reelection campaign, consideration in to whether
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business owner, or the employees are pre -determined to be voting residents of Columbia Heights, and
further considering how the meeting was publicly advertised, her intent to initiate giving recognition to
any business during an active campaign, appears to offer value in exchange for support. This is contrary
to the boarder and ethical violations of campaign law. I believe it is important to operate with full
transparency in what we do and how we perform as your elected officials. To be clear, I oppose any
elected official initiating a change to ceremonial actions, that during an active campaign risks any
appearance of personal gain or collusion. Again, my deepest apologies to Pizza Man and its employees
for any discomfort this issue may have caused."
Councilmember Buesgens stated she attended the Mississippi Watershed Management Board meeting
that she is the liaison to; she said it's exciting to see the work they are doing to clean the water; she
also got to talk to the new director. Buesgens attended the swearing in ceremony for Officer Boskovic;
attended the League of Women candidate forums; attended via Zoom Metro Council Housing and
Economic Committee, where they had some great ideas at the legislative level, unfortunately, many of
them had not been passed at the last session. She attended the MNDOT vision open house, they was a
great attendance; the committee presented the petitions to MNDOT and they had 607 signatures.
Buesgens added that just in the last five months, there has been over 60 accidents on Central Avenue.
She continues to volunteer at Lomianki at the Blooming Sunshine Garden; the corn, thyme, and fruit
trees are growing, there are benches that people can use. She stated she is taking care of the
flowerpots at City Hall and will be starting to do Murzyn Hall.
Mayor Marquez Simula commented on Councilmember Jacobs' statement and stated that Pizza Man
had put on Facebook that they were having a private meet -and -greet for their employees and families
to celebrate the recognition and not related to a campaign. She continued onto her Council report: she
attended the Traffic Commission meeting, the Metro Cities Metropolitan Agencies Policy Committee
meeting, League of Women Voters candidate forum, and attended the swearing in of Officer Boskovic,
who she is noted is a new Officer but also a new citizen of the Country.
Report of the City Manager
Manager Bourgeois stated that tomorrow on July 26, 2022, there is the 37t" Avenue Street Project
Open House at the library from 5:30 pm — 7:00 pm. This coming Saturday, July 30, 2022, there is a
ceremony honoring Curtis J. Ramsdall, who was killed in the line of duty, this is the 45t" anniversary;
the service will take place at 10:00 am at Ramsdall Park. Bourgeois said that National Night Out is
August 2, 2022; the last music in the park is Tuesday, August 3, 2022," Pickle" is playing from 6:30 pm —
8:00 pm at Huset Park; the primary election is August 9, 2022; the first movie in the park is Ferris
Bueller's Day Off on August 11, 2022, at Huset Park. Bourgeois reminded candidates that are
campaigning: "campaign signs are not allowed within 100 feet of the absentee voting location, which is
City Hall or within 100 feet of a polling place on election day, or on public property where polling is
located, no signs in the right-of-way or other public property, no signs that support a specific candidate
or party are allowed on commercial property where products or services are sold to the public."
COMMUNITY FORUM
Mayor Marquez Simula opened the community forum.
Frost Simula, City resident, stated he recently watched the replay of the Lions Jamboree parade on
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YouTube, but the commentary on it referenced that one of the candidates was running against the
"reprehensible Ilhan Omar of the 5th district". He said he believed that kind of commentary should not
be allowed by the City.
Mary Granlund, City resident, stated she was in attendance because of the proclamation for ADA as
she lives with an invisible disability and many of her family members do, and she found it important to
be there. She further stated that she appreciated that businesses that are doing good work were also
recognized, especially Pizza Man who is doing work in the community. She said she was disheartened
by Councilmember Jacobs comments and found it inappropriate at the Council meeting.
Justice Spriggs, City resident, stated that someone recently reminded him, "how can he be expected to
fight for others, if he can't even fight for himself". He said he had a phone call yesterday with a person
who filled out a form to discuss his campaign; he stated that the name given was falsified and not a
registered voter in the State and the phone number was linked to a Councilmember. Spriggs stated he
was asked many questions about his campaign, qualifications, and they questioned him about his bi-
racial heritage. He stated that his grandparents were finally able to be married in an interracial
marriage after the 1967 Loving v. Virginia case. He further said that it is frustrating to be called out and
questioned on the basics of his identity and upbringing. Spriggs said he would like to see more
transparency and it is appalling to him that a Councilmember lied about their identity to a constituent
and how they treat the people they are representing. He further stated that this isn't going to stop him
from wanting to make the City a better place, but now he understands why groups are
underrepresented and do not step up to participate in democracy.
Brenna Zeimet, City resident, spoke regarding the importance of the City recognizing businesses, and
stated that she supported what the Mayor is doing, and that it was inappropriate to accuse the Mayor
in a public setting of a crime when there is no proof. She further stated she is appalled after hearing
Spriggs speak and hopes there will be change in the City, especially how the Council treats the people
in the community.
ADJOURNMENT
Motion by Murzyn Jr., seconded by Councilmember Novitsky, to adjourn. All Ayes, Motion Carried 5-0.
Meeting adjourned at 7:55 pm.
Respectfully Submitted,
Sara Ion, City Clerk/Council Secretary