HomeMy WebLinkAbout08-08-2022 City Council Meeting MinutesCITY COUNCIL MEETING
City Hall —Council Chambers, 590 40th Ave NE
Monday, August 08, 2022
6:00 PM
MINUTES
Mayor
Amada Marquez 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 6:00 pm on Monday, August
8, 2022, in the City Council Chambers, City Hall, 590 40th Avenue NE, Columbia Heights, Minnesota.
CALL TO ORDER/ROLL CALL
Mayor Marquez Simula called the meeting to order at 6:00 p.m.
Present: Mayor Marquez Simula; Councilmember Buesgens; Councilmember Jacobs; Councilmember
Murzyn Jr.; Councilmember Novitsky
Also Present: Lenny Austin, Police Chief; Kelli Bourgeois, City Manager; Mitch Forney, Community
Development Coordinator; Jim Hoeft, City Attorney; Sara Ion, City Clerk; Sulmaan Khan, Assistant City
Engineer; Dan O'Brien, Assistant Fire Chief; Charlie Thompson, Fire Chief; Cliff Johnson, City Resident;
Ed Higgins, City Resident; Mason Alt, City Business owner; Marcus Harcus, City Business operator; John
Holmber, 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
Manager Bourgeois explained a change in the agenda would be needed because the notices for items
#14, #15, and #16 were sent with the meeting start time at 7:00 pm, not 6:00 pm. Staff is proposing to
reorder the agenda and move item #17, which is not a public hearing, up following item #13. She
explained the hope is that this will keep the meeting moving and allow the abatement hearings to
begin at 7:00 pm, as they were noticed. She stated that if needed, the reports of the Council and City
Manager can also be moved up prior the public hearings.
Motion by Councilmember Murzyn Jr., seconded by Councilmember Novitsky, to approve the Agenda,
as amended. All Ayes, Motion Carried 5-0.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
CONSENT AGENDA
Motion by Councilmember Buesgens, seconded by Councilmember Murzyn Jr., to approve the Consent
Agenda as presented. All Ayes, Motion Carried 5-0.
City of Columbia Heights
City Council Meeting
MINUTES
August 08, 2022
1. Approve July 25, 2022 City Council Meeting Minutes.
MOTION: Move to approve the City Council meeting minutes of July 25, 2022.
2. Approve July 26, 2022 Special City Council Meeting Minutes.
MOTION: Move to approve the July 26, 2022 Special City Council meeting minutes.
3. Accept June 21, 2022 Traffic Commission Minutes
MOTION: Move to accept the June 21, 2022 Traffic Commission minutes.
4. Approval of May 3, 2022 Planning Commission Meeting Minutes.
MOTION: Move to accept the Planning Commission Meeting Minutes of May 3, 2022.
S. Accept July 6, 2022 Library Board Minutes.
MOTION: Move to Accept the Library Board Minutes from July 6, 2022.
6. Approval of June 7, 2022 Planning Commission Meeting Minutes.
MOTION: Move to accept the Planning Commission Meeting Minutes of June 7, 2022.
Page 2
7. Approval of John P. Murzyn Hall Rental Rates and Policy Updates.
MOTION: Move to approve the policy changes for John P. Murzyn Hall, effective
immediately for any new rental.
MOTION: Move to waive the reading of Resolution 2022-72 there being ample copies
available to the public.
MOTION: Move to approve Resolution 2022-72 being a resolution amending the fee
schedule to change rental rates at John P. Murzyn Hall effective immediately for all new
rentals.
8. Establish Date for 2022 Public Special Assessment Levy Hearing for Mill and Overlay,
Street Reconstruction, and Delinquent Accounts.
MOTION: Move to establish Tuesday, October 4, 2022 at 5:30 p.m. as the Public Special
Assessment Levy Hearing for City Project #2202 Zones 6 and 7 Street Rehabilitation, to be
held in the City Council Chambers.
MOTION: Move to establish Tuesday, October 4, 2022 at 5:45 p.m. as the Public Special
Assessment Levy Hearing for City Project #2206 State Aid Street Rehabilitation, to be held
in the City Council Chambers.
MOTION: Move to establish Tuesday, October 4, 2022 at 6:00 p.m. as the Public Special
Assessment Levy Hearing for City Project #2201 Zone 4 Street Rehabilitation on 4th Street
NE from 52nd to 53rd Avenues, to be held in the City Council Chambers.
MOTION: Move to establish Tuesday, October 4, 2022 at 6:15 p.m. as the Public Special
Assessment Levy Hearing for Delinquent Accounts, to be held in the City Council Chambers.
9. Rental Occupancy Licenses for Approval.
MOTION: Move to approve the items listed for rental housing license applications for
August 8, 2022, in that they have met the requirements of the Property Maintenance Code.
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10. License Agenda.
MOTION: Move to approve the items as listed on the business license agenda for August 8,
2022 as presented.
11. 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 $1,014,254.32.
PUBLIC HEARINGS
12. First Reading of Ordinance 1678, Establishing a Single -Family Rental Moratorium
Community Development Coordinator Forney explained that the Council, at a work session
in July, were discussing a rental density cap and the concern that many single-family homes
were being converted to rental properties. He stated that this ordinance establishes a
moratorium on single-family home rentals. He explained it would be an interim ordinance
that will be in effect for 12 months, but could be expanded beyond that time period, with
additional Council action. He noted the goals associated with establishing this moratorium
are: that City staff will determine the current make-up and status of the rental housing
stock; staff will determine the effect and feasibility of creating a rental density cap on
single family residences; and, staff will consider whether the City has sufficient staffing and
resources to enforce the rental density cap. He stated this moratorium does not include
residences in the City such as townhomes, duplexes, apartments, cooperatives, or condos.
He explained that this simply limited new single-family housing rental applications.
Motion by Councilmember Buesgens, seconded by Councilmember Murzyn Jr., to close the
public hearing and waive the reading of Ordinance N. 1678, there being ample copies
available to the public.
Manager Bourgeois reminded the Council that this was a public hearing and suggested they
ensure that there was not anybody on-line that wished to comment on this item.
City Clerk Ion stated there was nobody in the chambers or on-line that wished to address
the Council on this item.
Mayor Marquez Simula suggested that the motion be reiterated.
Motion by Councilmember euesgens, seconded by Councilmember Murzyn Jr., to close the
public hearing and waive the reading of Ordinance N. 1678, there being ample copies
available to the public. All in favor, Motion Carried 5-0.
Motion by Councilmember euesgens, seconded by Councilmember Novitsky, to set the
second reading of Ordinance No. 1678, being an interim ordinance establishing a
moratorium within the city on new rental license applications for single family homes, for
August 22, 202Z at approximately 6:00 p.m. in the City Council Chambers. All in favor,
Motion Carried 5-0.
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13. First Reading of Ordinance 1679, Establishing a Moratorium on the Production and Sale
of Edible Cannabinoid Products Containing Tetrahydrocannabinol (THC)
Community Development Coordinator Forney stated that at the August 1, 2022 Council
work session meeting, staff brought forth discussion about Ordinance 1679 which is an
interim ordinance placing a moratorium on the production and sale of edible cannabinoid
products containing THC. He noted that the ordinance being presented today has been
edited a bit since the August 1, 2022 Council work session meeting and changes the
language from "hemp derived tetrahydrocannabinol (THC) food and beverages" to "edible
cannabinoid products containing Tetrahydrocannabinol (THC)" due to a better
understanding of State law related to what constitutes a food product. He reminded the
Council that towards the end of the 2022 legislative session, the State passed a law
amending State statute which legalized the sale of edible cannabinoids derived from hemp
to people over aged 21 and older. He stated that this new law came into effect on July 1,
2022 which surprised many cities and law enforcement agencies. He gave a brief overview
of the information included in the packet regarding potency, testing, and labeling
requirements as well as the frequently asked questions page put together by the League of
Minnesota Cities. He noted that regulation and enforcement of the new law falls on the
Minnesota Board of Pharmacy, but noted that they are reactively and not proactively
enforced. He explained that because this is not categorized as'food'the Minnesota
Department of Agriculture will be not be involved. He also explained that by the August 1,
2022 Council work session meeting there were four cities that had enacted emergency or
interim ordinances placing moratoriums on the sale of these types of products and since
that time there have been an additional four or five other cities that have begun the
ordinance process for a moratorium. He reminded the Council that this is an interim
ordinance that will be established for 12 months, if needed, but noted that staff does not
envision this taking the full 12 months. Staff recommends approval of this temporary
moratorium and noted that this ordinance does nothing to effect legal, medicinal CBD
operations. He noted a question had been asked at the work session that is addressed in
the frequently asked questions document from the League of Minnesota Cities related to
'non -intoxicating cannabinoids' and noted that similar to what is considered a non -
intoxicating alcohol beverage, if enough is consumed, it can be 'intoxicating'.
Mayor Marquez Simula asked if anyone would like to speak on this item.
Cliff Johnson, resident, stated that in his opinion, a 12 month moratorium feels like a long-
time period when this would not be 're -inventing the wheel' because there are many states
that have complete recreational cannabis available. He believes there are already enough
guidelines in place that can be followed so the City would not need to actually spend a year
putting new ones in place. He thinks everyone in this room wants to promote and support
small businesses in the community and he feels this would be a great opportunity for that.
He noted that he did not want the City to drag their feet and be 'late to the game' and miss
this opportunity. He thinks the State has given a lot of good guidelines and if they are
followed, he does not believe there will be major problems, especially considering that the
City already sells liquor and intoxicating beverages. He stated that he sees the biggest
questions that will need to be answered is related to licensing, the cost, and enforcement.
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He stated that there are many people who suffer from chronic pain and many of them
could use this type of product to help them deal with the pain at an affordable rate. He
reiterated that he feels this could be helpful and does not want to see its use be delayed
more than is absolutely necessary.
Mason Alt, CEO of Love Is An Ingredient, noted that their official business name is
Uniflora Holistics which means one plant for all to help and to heal. He feels what the State
did on July 1, 2022 solidifies the lack of enforcement that has been seen over the last few
years from the State. He stated that not much has changed other than they are now
allowed to have these products with food ingredients and feels that the State was smart in
basically removing it from the definition of 'food' so he is hopeful that that there would not
be federal interference which has happened in the past. He reviewed some of the current
requirements and rules that he follows in his business. He stated the only thing he feels
the State may have dropped the ball on was related to licensing. He stated that his
business is all about giving back to the customers and explained that over half of his
customers, before this change, were CBD users that did not have the potential to 'get high'
or intoxicated off these products. He stated when the City puts together the licensing
structure, he would like to see something similar to tobacco and liquor licensing that is on a
scale, so the amount they pay is based on how much the business makes. He stated this
way those license fees can then be used to give back to the community and used for parks
and schools. He explained that one way his company has given back is by having 90% of
their product be from companies local to Minnesota or Wisconsin. He reiterated that he
would ask the City to think about how they can use some of the money these businesses
are making as a way to give back to the community as part of their licensing regulations.
Marcus Harcus, Community Relations Manager, Uniflora Holistics, stated that he was also
the former executive director of Minnesota Normal, which is a national cannabis
legalization organization and founded the Minnesota Campaign for Full Legalization, so he
has been advocating for legalization since 2014. He stated that he joined Uniflora Holistics
because their team understands the plant and realizes that it is a healing plant and not just
simply for fun and games. He stated they are a very ethical company and gave examples of
the discounts given to low income individuals and veterans. He stated that the recent
legalization of low dose edibles is kind of a half-step forward, but he feels it is progress. He
recently had a great meeting with the Community Development Department and feels
confident that they were not proposing this moratorium to try to continue prohibition but
to ensure that the City regulates this emerging industry in a positive manner. He has great
confidence that the City can do this better than many others and clarified that they stand
in favor of this moratorium so the City can make sure that legalization is done correctly in
the City.
Ed Higgins, resident, stated that he is a cannabis marketer and completely supports Mr. Alt
and the team at Love Is An Ingredient and Uniflora Holistics, noting he would like to see
other companies moving forward to adopt his model. He stated that he sees this as
regulating things so kids in the community do not get ahold of cannabis, but also make sure
that they decriminalize, expunge records, and make sure that there are a certain amount of
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licenses extended towards the BIPOC community. He stated that he is in full support of
this moratorium, but is hopeful that it will need to be in place for an entire year. He stated
that he wants the City to get it right so they can be a shining star for the State.
Motion by Councilmember Jacobs, seconded by Councilmember Buesgens, to close the
public hearing and waive the reading of Ordinance No. 1679, there being ample copies
available to the public. All in favor, Motion Carried 5-0.
Motion by Councilmember Jacobs, seconded by Councilmember Buesgens, to set the second
reading of Ordinance No. 1679, being an interim ordinance establishing a moratorium on
the production and sale of edible cannabinoid products containing tetrahydrocannabinol
(THC), for August 22, 202Z at approximately 6:00 p.m. in the City Council Chambers. All in
favor, Motion Carried 5-0.
Mayor Marquez Simula reminded the Council that the agenda had been amended due to the meeting
time notification and moved to agenda item #17.
111114 f, R2;101:Z4107 ON M 111 :7_11 I ML I
17. First Reading of Zoning Ordinance 1680 (Map Amendment) Rezoning of Property
Community Development Coordinator Forney noted this topic was discussed at the August
1, 2022 Council work session meeting. He explained this is a proposal to rezoning the City's
three municipal liquor stores sites from General Business (GB) to Public and Open Space
(PO). He reviewed the three liquor store locations currently in the City at: 4950 Central
Avenue NE; 2107 371" Avenue NE; and 5225 and 5233 University Avenue NE. He explained
that the intent of the rezoning request is to apply zoning designations to the three liquor
stores which reflect their ongoing public use. He noted that the PO district includes places
like City parks, City Hall, Murzyn Hall, the library and the Public Works building. He noted
that there will be some additional administrative work done behind the scenes on things
like lot combinations for Liquor Store #2 and Liquor Store #3 who both overlay two parcels.
Motion by Councilmember Jacobs, seconded by Councilmember Novitsky, to waive the
reading of Ordinance No. 1680 there being ample copies available to the public. All in favor,
Motion Carried 5-0.
Motion by Councilmember Jacobs, seconded by Councilmember Novitsky, to set the second
reading of Ordinance No. 1680, being a zoning ordinance (map) amendment pertaining to
the rezoning of the City's municipal liquor store sites from GB, General Business to PO,
Public and Open Space, for August 22, 202Z at approximately 6:00 p.m. in the City Council
Chambers. All in favor, Motion Carried 5-0.
CITY COUNCIL AND ADMINISTRATIVE REPORTS
Report of the City Council
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Councilmember Novitsky expressed his appreciation for everyone who hosted a party or participated in
National Night Out this year. He stated that he was able to attend about six of the parties and noted
that it is always nice to see neighbors getting out and getting to know each other better.
Councilmember Murzyn Jr., thanked everyone involved in putting together the National Night Out. He
stated that even though he tried, he did not make it to every single location, but met a lot of great
people. He also wanted to give a 'shout out' to the Columbia Heights Police Department. He explained
that two weeks ago he was able to do a ride along with Sergeant Piehn, Officer Steve and Officer Sam.
He stated it was very busy and he was amazed by what they did. He stated that, in his opinion, the
training being given to these officers definitely pays off.
Councilmember Jacobs noted that she had attended all of the MnDOT presentations for the University
and Central Avenue projects. She stated that it was interesting to get perspectives from communities
who had similar problems to what the City is facing along the Central Avenue corridor as well as those
who had other issue that they wanted to see addressed. She stated that she found the information to
be very helpful. She stated that she also attended the Music in the Park event and while she is
disappointed it was the last one for the year, she is looking forward to the Movies in the Park events
that will be starting soon.
Councilmember Buesgens noted that she continues to volunteer in the Blooming Sunshine Garden in
Lomianki and tomatoes are beginning to ripen. She invited people to come join them and noted
peppers were also donated by the Assistant Fire Chief O'Brien. She stated that she had attended the
Park and Recreation Commission meeting, Kathy Young's retirement party, attended National Night
Out , and was able to get to four of the parties. She stated that she also filled in for the Planning
Commission liaison and attended the Music in the Park event. She noted that she believes the Movie
in the Park begins Thursday, August 11, 2022 at 8:30 pm on the west side of Huset Park. She stated
that she also is continuing work with the Beautification Committee in taking care of flower pots at City
Hall and Murzyn. She stated that she wanted to draw attention to another business, Lowells' Auto,
that took advantage of the fagade improvement program. She stated it looks really nice and
encouraged people to go take a look.
Mayor Marquez Simula stated that at the last Council meeting, Bruce Amos of Amos and Amos BBQ
was unable to come in and receive the proclamation for National Black Business Month, but explained
that she was able to deliver it to him the following week. She shared some pictures and his phone
number on social media and encouraged people to place orders if they were interested. She stated
that she also attended National Night Out and was able to make it to four parties. She extended her
appreciation to the Police Department and block captains for volunteering their time to organize this
event. She stated that she met with Josh Ortiz from Amy Klobuchar's office last week to discuss
concerns that the City has and also met with Congresswoman Omar about the same concerns and
what can be done with the resources that are available. She stated that she also attended a Joint Law
Enforcement Committee meeting last week with the City's regional partners.
Report of the City Manager
Manager Bourgeois stated that this will be a busy week at the City because the primary election will be
tomorrow. She encouraged people to vote if they hadn't already done so and noted that the polls will
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be open from 7:00 am to 8 :00 pm. She expressed her appreciation to City Clerk Ion and the election
staff for their hard work on absentee voting, direct balloting and now the primary. She stated the
Police Department will be doing an 'Eat and Greet' at the Huset Pavilion on August 10, 2022 from 5:00
to 7:00 pm. She stated that the first Movie in the Park event will be held August 11, 2022 at 8:30 pm at
Huset Park with the movie, Ferris Buehler's Day Off.
Mayor Marquez Simula recessed the meeting at 6:49 pm and reconvened at 7:00 pm
14. Adopt Resolution 2022-69 for Abatement.
Assistant Fire Chief O'Brien apologized for the confusion with his notices that included the
old Council meeting time of 7:00 pm rather than 6:00 pm. He explained that this item goes
back to 2018 when an excavation was done on the property at 3821 Reservoir Boulevard
for a retaining wall and a garage that has stalled out numerous times. He stated that there
were concerns regarding soil erosion and run-off washing into the alleys. He stated this
item has come before the Council a few other times where it was tabled until the spring of
2020 and for some reason was never picked back up. He stated that he checked the status
of it this spring and there had been no progress made in the past year. He visited the site
yesterday and today and spoke with the property owner, Mr. Ortiz. He stated that Mr.
Ortiz is making good progress and is about 95-98% done with the work. He stated from
the work that has been done, he and Public Works Director Hansen believe that the run-off
issue is over.
Mayor Marquez Simula asked if there was anyone present from the public that would like
to speak to this issue.
There were no comments.
Councilmember Jacobs asked how many times the City had abated this property.
Assistant Fire Chief O'Brien stated that the City had done one abatement for some site
control for silt in late 2019 or early 2020.
Mayor Marquez Simula asked for clarification on the abatement process.
Assistant Fire Chief O'Brien explained that if the City passes the resolution, as presented, it
declares the property as a public nuisance and allows the City to abate it, if it is not
completed. He stated that it can be approved, but the City does not necessarily have to
use it, if Mr. Ortiz finishes it.
Councilmember Murzyn Jr. asked if Mr. Ortiz had given the City any timeline for when the
project will be completed.
Assistant Fire Chief O'Brien stated that Mr. Ortiz had not given him a final date, but when
he spoke to him early last week, he told him that he had ordered some stone that should
be in later that week. He stated when he inspected it, those stones had come in and the
project had progressed.
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Mayor Marquez Simula asked when the decision would be made regarding abatement if
the Council passes this resolution.
Assistant Fire Chief O'Brien explained that as long as Mr. Ortiz is moving forward on the
project, the City can just hold onto it. He noted they would need to act before the weather
changes in order for the City to be able to do anything this year.
Motion by Councilmember Jacobs, seconded by Councilmember Buesgens, to close the
public hearing and to waive the reading of Resolution 2022-069, there being ample copies
available to the public. All in favor, Motion Carried 5-0.
Motion by Councilmember Jacobs, seconded by Councilmember Murzyn Jr., to adopt
Resolution Number 2022-69, being resolution of the City Council of the City of Columbia
Heights declaring the property listed a nuisance and approving abatement of violations
pursuant to City Code. All in favor, Motion Carried 5-0.
15. Adopt Resolution 2022-70 for Abatement.
Assistant Fire Chief O'Brien stated that this abatement is related to 4224 2nd Street NE and
goes back about a year. He stated that in June of 2021 there were some complaints and
the City visited the property, met with the property owner, created orders, and gave the
property owner ample time for compliance. He stated that small things here and there
have been done, but overall, compliance has not been met.
Mayor Marquez Simula asked if there was anyone present from the public that would like
to speak to this issue.
John Holmber, property owner, stated that a lot of the things on the list he was given have
been taken care of already. He stated that they got orders last summer at the end of July
last year, but then there were new orders that came on top of the initial things, that were
not mentioned until the orders came out. He stated that means some of the fences that he
built last summer are too tall. He stated they are putting in a bridge across the front yard
in order to have a walkway because he was required to take the walkway down. He stated
that he doesn't have the list in front of him so he cannot address each item specifically, but
explained that he had moved a lot of dirt on the property with approval from Public Works.
He stated that his whole yard is about 90% contained as far as stormwater run-off and
before it was about 30% so he has been able to create a situation where almost all of the
water stays on his property. He has taken the time to do this nicely and create a good
product. He stated that they had a percolation test done last fall, which the City approved.
He stated they were ready to do more work following those tests, but by then it was late
October, so the plan was to continue the work this past spring. He stated that in
November, he had a massive heart attack and a bypass procedure. Because of some
complications, he has not been able to work on the project as much as he would have
liked, but explained that he was feeling better now and assured the Council that the work
would be done by the fall.
Mayor Marquez Simula asked for more information about the percolation test.
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Assistant Fire Chief O'Brien explained that this was something that was done with
engineering and noted that his understanding is that they dig holes, put water in, and see
what the drainage is like in the area. He stated this will show what the water will do and is
something that is done as part of a rain garden. He stated the issue with that particular
piece is that some of the grading and the moat is in the public right-of-way. He explained
that Mr. Holmber also wants to put in a bridge over the public right-of-way which the City
will not allow and noted there are also some other issues with the rain garden. He read
aloud some of the violations that have been found and noted that there need to be plans
submitted to the City for review and approval and noted that the City has only received
some hand drawn plans. He reviewed some of the issues that the property owner has
begun correcting but noted some of the other issues still exist.
Mayor Marquez Simula asked about the public right-of-way and what the City would do to
bring this property into compliance.
Assistant Fire Chief O'Brien stated the City had revoked a Conditional Use Permit for some
accessory structures, so some structures will need to be removed. He noted that the moat
would be completed, some turf grass would need to be installed, and some fence height
issues need to be addressed.
Councilmember Jacobs questioned what the estimated timeline would be if the City moved
forward with an abatement to address these issues and if it could be accomplished by
winter.
Assistant Fire Chief O'Brien stated that it could absolutely be taken care of by the winter.
Councilmember Jacobs noted that she has driven by this property and the moat area is
fairly deep and wide, which is a huge safety concern for the neighborhood. She stated that
she understands there have been health issues for the property owner, but is confused as
to why this things have not been completed in a year.
Motion by Councilmember Novitsky, seconded by Councilmember Murzyn Jr., to close the
public hearing and to waive the reading of Resolution 2022-070, there being ample copies
available to the public. All in favor, Motion Carried 5-0.
Motion by Councilmember Novitsky, seconded by Councilmember Murzyn Jr., to adopt
Resolution Number 2022-070, being resolution of the City Council of the City of Columbia
Heights declaring the property listed a nuisance and approving abatement of violations
pursuant to City Code. All in favor, Motion Carried 5-0.
16. Adopt Resolution 2022-71 For Emergency Abatement.
Assistant Fire Chief O'Brien stated that this item was related to an emergency abatement
that the City performed on property located at 4518 Monroe Street NE. He stated they
found this property vacant and unsecured in September of 2020. He explained that the
property had been gutted and electrical work was taking place without permits so the
Building Official, at that time, placed it under a stop work order. He stated the City notified
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the property owner that it needed to be secured and they needed to obtain various
permits. He stated that the City had not heard from the property owner, but noted this
individual owns some other rental property in the City, so in early May, he administered a
search warrant to go to the property to perform an emergency abatement after finding the
violations were still not corrected. He reiterated that the City had not heard from the
property owner until last Friday, which was after the fact. He stated they boarded up the
property, took care of some outside storage, and the scrub growth/long grass. He stated
that the Council is being asked to authorize the abatement that has already taken place
because there were immediate safety hazards at the property.
Mayor Marquez Simula asked if there was anyone present from the public that would like
to speak to this issue.
Councilmember Jacobs stated she was familiar with this property and agreed that there
was a horrible safety issue there. She asked if there were any steps that could be taken for
a property like this that has been vacant to have the building razed.
Assistant Fire Chief O'Brien stated that he had actually spoken to the Building Official about
that as well and was told that the structure, itself, is pretty solid, so they would have a
difficult time taking that approach. He stated when he spoke with the property owner last
week, he was told that their intent was to remodel it and rent out the space. He stated
that this individual also told him that he had obtained building and electrical permits, but
he had not had enough time to check if that was accurate.
Motion by Councilmember Buesgens, seconded by Councilmember Jacobs to close the
public hearing and to waive the reading of Resolution 2022-71, there being ample copies
available to the public. All in favor, Motion Carried 5-0.
Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr., to adopt
Resolution Number 2022-71, being resolution of the City Council of the City of Columbia
Heights declaring the property listed a nuisance and approving the emergency abatement,
and any subsequent abatements, of the hazardous situation located at 4518 Monroe St NE.
All in favor, Motion Carried 5-0.
COMMUNITY FORUM
Mayor Marquez Simula noted that she had a procedural question for the City Attorney before opening
up the Community Forum. She left the dais to speak with him for a moment before returning to the
dais.
Mayor Marquez Simula read aloud a statement that 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 in -person 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
City of Columbia Heights MINUTES August 08, 2022
City Council Meeting Page 12
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 he wanted to give 'props' to the Council. He stated that his neighbor's garage
burned down about two years ago at the beginning of the pandemic. He stated they later found out
that this neighbor was renting from Pretium / Havenbrook. He stated that it took two years but they
finally got the garage rebuilt and he wanted to thank the Council and City staff for holding them
accountable and making sure this was done.
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Motion by Councilmember Jacobs, seconded by Councilmember Buesgens to adjourn the meeting at
7:17 pm All in favor, Motion Carried 5-0.
Respectfully Submitted,
Sara Ion, City Clerk/Council Secretary