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