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HomeMy WebLinkAbout11-14-2022 City Council Meeting Minutes CITY COUNCIL MEETING Mayor Amáda Márquez Simula Councilmembers John Murzyn, Jr. Connie Buesgens Nick Novitsky Kt Jacobs City Manager Kelli Bourgeois City Hall—Council Chambers, 590 40th Ave NE Monday, November 14, 2022 6:00 PM MINUTES The following are the minutes for the Meeting of the City Council held at 6:00 pm on Monday, November 14, 2022, in the City Council Chambers, City Hall, 590 40th Avenue NE, Columbia Heights, Minnesota. CALL TO ORDER/ROLL CALL: Mayor Márquez Simula called the meeting to order at 6:00 pm. Present: Mayor Márquez Simula; Councilmember Buesgens; Councilmember Murzyn, Jr.; Councilmember Novitsky Absent: Councilmember Jacobs Also Present: Kelli Bourgeois, City Manager; Kevin Hansen, Public Works Director; Jim Hoeft, City Attorney; Sara Ion, City Clerk; Dan O’Brien, Assistant Fire Chief; Joe Kloiber, Finance Director; Aaron Chirpich, Community Development Director; Bob Kirmis, Planning Consultant; KT Jacobs, City Resident; Russel Stover, Property Owner; Ed Higgins, City Resident; Paul Edner, City Resident; Mark Veronikas, City Resident 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. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Motion by Councilmember Novitsky, seconded by Councilmember Murzyn, to approve the agenda, as presented. All Ayes, Motion Carried 4-0. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS CONSENT AGENDA Motion by Councilmember Murzyn, seconded by Councilmember Novitsky, to approve the Consent Agenda as presented. All Ayes, Motion Carried 4-0. 1. Approve October 24, 2022 City Council Meeting Minutes. MOTION: Move to approve the September 26, 2022 City Council meeting minutes. 2. Accept October 5, 2022 Library Board Minutes. MOTION: Move to Accept the Library Board Minutes from October 5, 2022. City of Columbia Heights MINUTES November 14, 2022 City Council Meeting Page 2 3. Approve September 7, 2022 Planning Commission Meeting Minutes. MOTION: Move to approve the September 7, 2022 Planning Commission Meeting Minutes. 4. Approve September 26, 2022 Special EDA Meeting Minutes. MOTION: Move to approve the Special EDA Meeting Minutes of September 26, 2022. 5. Adopt Resolution 2022-99, Updating Income Limit for Senior Citizen Utility Rates. MOTION: Move to waive the reading of Resolution 2022-99, there being ample copies available to the public. MOTION: Move to adopt Resolution 2022-99, being a resolution updating the income limit for senior citizen utility rates. 6. Adopt Resolution 2022-100 submitting a list of eligible nominees to Anoka County for the Open Manager position on the Rice Creek Watershed District Board of Managers. MOTION: Move to waive the reading of Resolution 2022-100 there being ample copies available to the public. MOTION: Move to adopt Resolution 2022-100 being a Resolution Submitting a List of Eligible Nominees to Anoka County for the Open Manager Position on the Rice Creek Watershed District Board of Managers. 7. Adopt Resolution 2022-103 Accepting the Feasibility Report for 53rd Avenue Turnabout Construction and Ordering the Public Improvement Hearing, City Project No. 2007. MOTION: Move to waive the reading of Resolution 2022-103, there being ample copies available for the public. MOTION: Move to adopt Resolution 2022-103, being a Resolution accepting the Feasibility Report for 53rd Avenue Turnabout Construction, Project 2007, and ordering the Public Improvement Hearing beginning at 6:15 p.m. on February 21, 2023. 8. Adopt Resolution 2022-104 Accepting the Feasibility Report and Ordering the Public Improvement Hearing for 53rd Avenue Trail, Sidewalk, and Partial Street Reconstruction and Ordering the Public Improvement Hearing, City Project No. 2305. MOTION: Move to waive the reading of Resolution 2022-104, there being ample copies available for the public. MOTION: Move to adopt Resolution 2022-104, being a Resolution accepting the Feasibility Report for 53rd Avenue Trail, Sidewalk, and Partial Street Reconstruction, Project 2305, and ordering the Public Improvement Hearing beginning at 6:00 p.m. on February 21, 2023. 9. Refuse Dumpster Services Contract with Walters Recycling & Refuse. MOTION: Move to approve a refuse dumpster service contract with Walters Recycling & Refuse; and authorize the Mayor and City Manager to enter into a contract for the same. 10. Approve Change Order for Contract for Painting of Public Safety Building. MOTION: Move to authorize the Police Department to enter into an agreement with Allen’s Perfect Painting to repair and paint walls not previously budgeted for in the carpeting project completed earlier this year. The change order amount to be $28,155, with monies to come from the Police Department’s regular budget. City of Columbia Heights MINUTES November 14, 2022 City Council Meeting Page 3 11. Adopt Resolution 2022-102, Transfer of Funds to the Fire Department 2022 Budget. MOTION: Move to waive the reading of Resolution No. 2022-102, there being ample copies to the public. MOTION: Move to adopt Resolution 2022-102, being a resolution amending the 2022 Fire Department budget. 12. Approve the 2023 Contract with Medica for Employee Health Insurance. MOTION: Move to approve Medica as the City’s health insurance provider for 2023 and authorize the City Manager to sign the contract. 13. Rental Occupancy Licenses for Approval. MOTION: Move to approve the items listed for rental housing license applications for November 14, 2022, in that they have met the requirements of the Property Maintenance Code. 14. Review of Bills. MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list to claims paid by check and by electronic funds transfer in the amount of $2,658,291.65. PUBLIC HEARINGS 15. Approve Resolution 2022-101, Emergency Abatement for Hazardous Situation at 4201 7th Street NE. Assistant Fire Chief O’Brien gave an overview of the situation at 4201 7th Street NE and explained that the property owner is deceased and the property has been vacant. He stated it was brought to their attention that the water usage was very high and were able to find a distant relative that was able to go in and ensure the water was turned off but the City has not had regular contact with that individual since that time. He reviewed some of the issues that the City has dealt with such as a tree falling on the house, long grass, and various security issues. He stated that he had spoken with an attorney earlier today and found that they have finally filed for probate on the property and noted that he believed a representative for the property was online. Mayor Márquez Simula asked if there was anyone on-line who has asked to speak. Russell Stover explained that he was the uncle of the deceased individual, Martin Stover, who owned the house. He stated that he lives out of state and had applied for probate in August. He explained that he has a court date scheduled for February 7, 2023 and noted that he would not have the legal right to sell the house until a few weeks following that court date. He stated that he was at the property the week of November 2, 2022 and placed new locks on the doors, installed a security light in the back, and boarded up a few of the broken windows in the garage. He stated that he had also recently had all the brush cut back so the house is visible from the street. He explained that he wasn’t sure what else he needed to do at this time. City of Columbia Heights MINUTES November 14, 2022 City Council Meeting Page 4 Mayor Márquez Simula asked if it changed Assistant Fire Chief O’Brien’s request now that he has heard from the lawyer and relative of the property owner. Assistant Fire Chief O’Brien stated that because Mr. Stover cannot take legal custody of the home for a few months, his recommendation would still stand. He encouraged Mr. Stover to reach out to him so they can communicate about this issue and confirmed that the property is secure right now and everything that Mr. Stover listed off, has been done. Motion by Councilmember Novitsky, second by Councilmember Murzyn, to close the public hearing and to waive the reading of Resolution 2022-101, there being ample copies available to the public. All Ayes, Motion Carried 4-0. Motion by Councilmember Novitsky, second by Councilmember Murzyn, to adopt Resolution Number 2022-101, being a 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 4201 7th St NE. All Ayes, Motion Carried 4-0. ITEMS FOR CONSIDERATION 16. Resolution 2022-98, Conditional Use Permit to Allow Accessory Outdoor Storage at 660 39th Avenue NE. Community Development Director Aaron Chirpich introduced Planning Consultant, Bob Kirmis. Bob Kirmis, NAC Consulting, gave an overview of the request by Bona Management for a Conditional Use Permit to allow for outdoor storage of vehicles in conjunction with automobile repair use at Din Auto. He explained that the vehicles to be stored outdoors would be those awaiting repairs or awaiting pick up after the repair work has been completed. He reviewed the site plan, zoning, permitted and conditional uses allowed in the district. He noted that this site is bordered on all sides by industrial uses with several of them also having outdoor storage. He stated that there will also be towing vehicles stored on the site as they are a component of the business operation. He reviewed the required conditions and staff recommendations related to outdoor storage; access; parking; signage; trash handling; and lighting. Staff feels this is a reasonable use of the property and, with conditions, will not negatively impact the surrounding properties. He stated that staff thinks this is a good step in regulating the use of the property and both staff and the Planning Commission recommend approval. Councilmember Buesgens stated that she was happy to hear that they are cleaning up the back lot. She asked how the City would monitor compliance or if it would just be based on complaints. Community Development Director Chirpich stated that the guardrails are put into place with this Conditional Use Permit, so, if a complaint is received or if the City has reason to believe that the conditions are being abused, then the City would seek to enforce at that City of Columbia Heights MINUTES November 14, 2022 City Council Meeting Page 5 time. He stated that staff does not contemplate there being monthly check-ins and would only be enforced if there is an observable problem that arises. He noted that there has been a significant clean-up effort made by this new tenant. Motion by Councilmember Novitsky, second by Councilmember Murzyn, to waive the reading of Resolution 2022-98, there being ample copies available to the public. All Ayes, Motion Carried 4-0. Motion by Councilmember Novitsky, second by Councilmember Murzyn, to approve Resolution 2022-98, a resolution approving a Conditional Use Permit for Accessory Outdoor Storage within the I-2, General Industrial District in the City of Columbia Heights, Minnesota. All Ayes, Motion Carried 4-0. 17. Approve Resolution 2022-105 Early Redemption of Taxable G.O. Housing Improvement Area Bonds, Series 2008A. Finance Director Joe Kloiber explained that this resolution kicks off the end of a 15 year project by the Sullivan Shores Townhomes Association. He stated that in 2008 they had widespread water damage and they reached out to the City for help coordinating their project to remedy that situation. He explained that they had the City issue bonds on their behalf, for a fee and noted that over the last fourteen years those bonds have been repaid by a special assessment on twenty-two of the townhomes. He stated that the assessments collected through 2022 are enough to pay off the future bonds at the end of the year. He explained that this is something that does not affect other taxpayers, property taxes, or the City budget, and is really a private transaction. Motion by Councilmember Murzyn, seconded by Councilmember Buesgens, to waive the reading of Resolution 2022-105, there being ample copies available to the public. All Ayes, Motion Carried 4-0. Motion by Councilmember Murzyn, seconded by Councilmember Buesgens, to adopt Resolution 2022-105, being a resolution calling for redemption of Taxable General Obligation Housing Improvement Area Bonds, Series 2008A. All Ayes, Motion Carried 4-0. 18. Approve Resolution 2022-106 Appropriating $600,000 of Existing Fund Balance for Use in the 2022 Budgets of the Governmental Operating Funds. Finance Director Joe Kloiber noted that staff is projecting that the original budget forecast for 2022 would be 1% over that can be attributed to the new employee pay scales following the City-wide compensation study, and much higher than expected workers compensation premiums. Staff is recommending increasing the legal level of the 2022 budget in the governmental operating funds by 3% to allow for any variance. Councilmember Buesgens asked how much of an increase the City saw in the workers compensation premiums. Finance Director Kloiber stated that between 2021 and 2023, the premiums tripled. City of Columbia Heights MINUTES November 14, 2022 City Council Meeting Page 6 Motion by Councilmember Buesgens, second by Councilmember Novitsky, to waive the reading of Resolution 2022-106, there being ample copies available to the public. All Ayes, Motion Carried 4-0. Motion by Councilmember Buesgens, second by Councilmember Novitsky, to adopt Resolution 2022-105, being a resolution appropriating $600,000 of existing fund balance for use in the 2022 budgets of the governmental operating funds. All Ayes, Motion Carried 4-0. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Councilmember Murzyn noted that the Lions Club will hold their wrestling match at Murzyn Hall on November 19, 2022. He noted that the doors will open at 6:00 pm with the first match at 7:00 pm. The cost will be $10 for adults and $5 for kids. Councilmember Buesgens noted that she had attended the Columbia Heights High School Alumni Foundation dinner and the Trunk or Treat event which was very well attended. She expressed her appreciation to the organizations and City staff who worked hard to make it a successful event. She stated that she also recently met U.S. Senator Tina Smith at an event in New Brighton. She explained that she was currently attending a Police Academy seminar where she was learning a lot of interesting information. She attended the MWMO Board meeting and the art gallery event at Homewood Studios and noted that they had displayed a work of art that Mayor Márquez Simula and Neil Granlund helped create from trash that was collected from the Mississippi River. She noted that she had also attended First Lutheran’s Holiday Market. Mayor Márquez Simula stated that since the last meeting she had met with some residents at the Hartlake Apartments, attended the Joint Law Enforcement Committee meeting in Blaine, the Trunk or Treat event, volunteered with Heights Next, attended the alumni dinner for the school at Jax Café. She noted that she had also had an awesome Bavarian dinner at St. Matthews Church, attended the Lions Halloween dance, and a wedding at Silverwood Park. She stated that she attended the Charter dinner, the Youth Commission meeting, a Public Safety meeting with other mayors, and the Community Ed Advisory Council meeting. She stated that, as Councilmember Buesgens shared, she was able to work on a piece of artwork created from the trash collected from the Mississippi River. She stated that if people are interested in seeing the piece, it can be viewed at Homewood Studios in North Minneapolis. Report of the City Manager Manager Bourgeois stated that the City has gotten a lot of calls regarding yard waste and noted that yard waste should be collected throughout the entire City by the end of the week. She encouraged people to put out their bags and noted that even though there is snow on the ground, the bags will still be picked up. She noted that there were some missed pickups last week and customers will receive rebates for those zones, but noted that because of billing, they will not see them until February 2023. She stated that there were residents who came to talk about Gould Avenue and Peters Place at the last Council meeting and asked Public Works Director Hansen to update the Council. City of Columbia Heights MINUTES November 14, 2022 City Council Meeting Page 7 Public Works Director Kevin Hansen gave an overview of his understanding of the concerns expressed by the residents at the last City Council meeting. He stated that following the Council meeting, he went back and revisited the area and asked the Assistant City Engineer to take a look at the condition of the roadways. He stated that, in terms of impacts from construction to those two roadways, for Gould Avenue, they do not really see any measurable or discernable impacts. He stated that for Peters Place, it does makes sense to put No Parking signs up at the alley but was not sure if they had been installed yet. He stated that the only area that can be in question, from the City’s perspective, is the 90-degree bend on Peters Place, so they will go back and fix that in the spring. He noted that they had checked aerial photos from 2011, 2019, and 2021 which clearly indicate a slow aging of the roadway in the type of distress that is there. He stated that the other thing they are seeing in this location is something that they are seeing throughout the City which is sealcoat stripping. He noted that this is an issue that they are seeing throughout the metro area and is part of the reason that they are not proposing sealcoating as part of their maintenance activity moving forward. COMMUNITY FORUM At this time, individuals may address the City Council in a respectful manner. Individuals should address their comments to the City Council as a whole, not individual members. Speakers that are inperson are requested to come to the podium. All speakers need to state their name and connection to Columbia Heights and limit their comments to five (5) minutes. All speakers are also asked to fill out this information as well as their address on a form for the Council Secretary's record. Those in attendance virtually should send this information in the chat function to the moderator and make sure to turn on their video and audio when they address the Council. The City Council will listen to brief remarks, ask clarifying questions, and if needed, request staff to follow up or direct the matter to be added to an upcoming agenda. Generally, the City Council will not take official action on items raised at the Community Forum at the meeting on which they are raised. Ed Higgins stated that it was cold last night and the landlord for his neighbors at 4401 Jefferson did not fix their heat, so they have been without heat for two days. He stated that a child from that residence came over and asked if they could borrow his heater and when he went over to their house, he found that they had been heating the house with the stove. He stated that the ‘Wall Street’ landlords are not helping the people in the community and explained that this is the same landlord that got their permits taken away and then had to work to get them fixed. He stated that he was unsure what the City can do about this but reiterated that this was day two of this family having to use a heater to heat their whole house. Mark Veronikas stated that Public Works Director Hansen had stated that there was just normal wear and tear on the roads near his home. He explained that there were cement trucks that were lined up on the road getting ready to go to the construction project and it destroyed the whole side of the road. He stated that the City had to come out and put in a new curb in that section because the road literally sunk in from the trucks sitting there. He stated that he would disagree with the statement that this was just normal wear and tear. He stated that there are weight limits on the roads of 15,000 and a fully loaded cement truck is 65,000 pounds and explained that they just wanted this information to be on the record. City of Columbia Heights MINUTES November 14, 2022 City Council Meeting Page 8 Paul Edner stated that he also wanted to make sure that his comments were on the record and stated that there were many more concerns than the few shared by Mr. Veronikas. He stated that Mayor Márquez Simula was going to visit the new center and see the drop off and noted that there is still a rope that is blocking off part of the sidewalk. He stated that he feels that people will be falling off it and children will skateboard off of which is right into the curb near the parking for the City Council. He noted that he also believes that there is a lot of wear and tear on the streets that was due to two years of trucks constantly lifting tons of materials. He explained that his goal is to make sure that there is not another ancillary addition to his taxes that make him pay for more road work when the roads had already been resurfaced within the last few years. He noted that there was also handicapped parking that was completely cut off because of the entry way and believes this will create more accidents. He stated that he believes some of the City planning needs to be looked at again. ADJOURNMENT Motion by Councilmember Buesgens, second by Councilmember Murzyn to adjourn. All Ayes, motion Carried 4-0. Meeting adjourned at 6:55 pm. Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary