Loading...
HomeMy WebLinkAbout07-10-2023 City Council Minutes CITY COUNCIL MEETING Mayor Amáda Márquez Simula Councilmembers Connie Buesgens Kt Jacobs Rachel James Justice Spriggs Interim City Manager Kevin Hansen City Hall—Council Chambers, 590 40th Ave NE Monday, July 10, 2023 6:00 PM MINUTES The following are the minutes for the Meeting of the City Council held at 6:00 pm on Monday, July 10, 2023, in the City Council Chambers, City Hall, 590 40th Avenue NE, Columbia Heights, Minnesota. WELCOME/CALL TO ORDER/ROLL CALL Mayor Márquez Simula called the meeting to order at 6:00 pm Present: Mayor Márquez Simula; Councilmember Buesgens; Councilmember Jacobs; Councilmember Spriggs; Councilmember James Also Present: Lenny Austin, Chief of Police; Andrew Boucher, City Planner; Aaron Chirpich, Community Development Director/ Assistant City Manager; Kevin Hansen, Interim City Manager; Jim Hoeft, City Attorney; Sara Ion, City Clerk; Erik Johnston, Police Captain; Dan O’Brien, Assistant Fire Chief; Charlie Thompson, Fire Chief; Ed Higgins, City Resident; Jack Israelson, City Resident; Steve Johnson, Property Manager; Gregory Joseph, Attorney; Tom Kaiser, City Resident; Hussain Khan, Property Manager; City Resident, Diana Meyer; Jennifer Pyper Muno, City Resident; Mary Timmerman Parker, Resident, Tim Stone, Architect and Representative of CUP Application; Lee Yan, Property Manager MISSION STATEMENT Columbia Heights is a vibrant, healthy and connected City. We are here to actively support the community, deliver equitable services, build and strengthen connections, improve upon our past, and uphold our successes. We strive to be better and ensure Columbia Heights is a great place for everyone, today and in the future. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Motion by Councilmember Spriggs, seconded by Councilmember Buesgens, to approve the Agenda as presented. All Ayes, Motion Carried 5-0. CONSENT AGENDA Councilmember Buesgens requested that Item 2, “Adopt Resolution 2023-32, Appointing Board and Commission Members,” be removed from the Consent Agenda for further discussion. Councilmember Spriggs requested that Item 5, “Approval of Resolution 2023-38, Pre-Closing Move-in Agreement for New City Hall Condo,” be removed from the Consent Agenda for further discussion. City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 2 Councilmember Jacobs requested that item 7, “Second Reading of Ordinance 1684, Council and Mayor Salary Increase,” be removed from the Consent Agenda for further discussion. Motion by Councilmember James, seconded by Councilmember Jacobs, to approve the Consent Agenda as presented with Items 2, 5, and 7 removed for further discussion. All Ayes, Motion Carried 5-0. 1. Accept the May 2, 2023 Planning Commission Meeting Minutes. MOTION: Move to approve the May 2, 2023 Planning Commission meeting minutes. 2. Pulled from the Consent Agenda for further discussion “Adopt Resolution 2023-32, Appointing Board and Commission Members”. 3. Adopt Resolution 2023-42 Amending the Budget and Accepting the Proposal for Library Boiler #2 Heat Exchangers Replacement. MOTION: Move to waive the reading of Resolution 2023-42, there being ample copies available to the public. MOTION: Move to adopt Resolution 2023-42, a Resolution amending the budget and authorizing replacement of the heat exchangers and payment to Modern Heating & Air in the amount of $17,800 from Fund 411.45500.4020 for repair of the boiler located at the library. 4. Approval of Resolution 2023-37, Disbursement of Excess funds to Sullivan Shores Housing Improvement Area. MOTION: Move to waive the reading of Resolution 2023-37, there being ample copies available to the public. MOTION: Move to adopt Resolution 2023-37, a Resolution authorizing disbursement of a portion of excess fee revenue or project fund balance with respect to Sullivan Shores Housing Improvement Area. 5. Pulled from the Consent Agenda for further discussion “Approval of Resolution 2023-38, Pre-Closing Move-in Agreement for New City Hall Condo”. 6. Adopt Resolution 2023-41 Accepting LRIP Grant Agreement for 53rd Avenue Trail and Walk Improvements, Project 2305. MOTION: Move to waive the reading of Resolution 2023-41, there being ample copies available to the public. MOTION: Move to adopt Resolution 2023-41, a Resolution accepting LRIP grant funding in the amount of $396,708.13 from MnDOT for the 53rd Avenue Trail and Sidewalk Improvements, Project 2305. 7. Pulled from the Consent Agenda for further discussion “Second Reading of Ordinance 1684, Council and Mayor Salary Increase”. 8. License Agenda. MOTION: Move to approve the items as listed on the business license agenda for July 10, 2023 as presented. City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 3 9. Rental Occupancy Licenses for Approval. MOTION: Move to approve the items listed for rental housing license applications for July 10, 2023, in that they have met the requirements of the Property Maintenance Code. 10. 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 $2,513,154.72. ITEMS PULLED FROM THE CONSENT AGENDA 2. Adopt Resolution 2023-32, Appointing Board and Commission Members. Councilmember Buesgens asked to have the names of the Sustainability Commissioners in order to congratulate them. Interim City Manager Hansen replied that there are nine chosen Commissioners and read the names. Mayor Márquez Simula thanked the Staff for adding the Commission and noted City Engineer Khan would be the liaison. The Commission will meet on the second Tuesday of the month at the new City Hall. Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to waive the reading of Resolution 2023-32, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to adopt Resolution 2023-32, a Resolution appointing City of Columbia Heights Board and Commission Members. All Ayes, Motion Carried 5-0. 5. Approval of Resolution 2023-38, Pre-Closing Move-in Agreement for New City Hall Condo. Community Development Director/Assistant City Manager Chirpich noted part of the relationship with the developer is a condo agreement. The City will own the City Hall Condo. There have been some delays in the City being able to accept the transfer. In 2022, the City entered into an early access agreement which commenced construction while working through the underlying title issues. The move-in agreement allows the City to move into the new building while continuing to work with the underlying title issues. Community Development Director/Assistant City Manager Chirpich noted on page three, paragraph four of the agreement. It is titled “rent” but in the case of the arrangement, it is not rent in the traditional sense. The payment would be to the HOA dues and property taxes, which would typically be paid if full occupancy was taken. The costs are consistent City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 4 with the current transfer agreement that the City would be liable for once occupancy and ownership was taken. Mayor Márquez Simula mentioned the City Attorney has looked through the agreement and added the HOA is not included in the paragraph. Community Development Director/ Assistant City Manager Chirpich replied that it to be determined what percentage of the HOA budget would be included. He added the attorney’s office had looked over the agreement and agreed that it was fair. He pointed out that while the word “rent” is used, the City is in full ownership of the building. Councilmember James asked if the items crossed out in Exhibit C under “punch list” were items that were completed. Community Development Director/Assistant City Manager Chirpich replied that it is a carryover list of items articulated in the early access agreement that Alatus was responsible for. Mayor Márquez Simula asked if there would be a document that would specifically state “HOA Agreement” as rent. Community Development Director/Assistant City Manager Chirpich indicated there would be, noting the City has approved the declarations and covenants that create the association. Mayor Márquez Simula clarified that the current discussion is regarding the move-in agreement. Community Development Director/Assistant City Manager Chirpich concurred and stated most of the important details have been approved. The Council will approve the settlement agreement and the final closing when it is ready in August. Motion by Councilmember Jacobs, seconded by Councilmember Spriggs, to waive the reading of Resolution 2023-38, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Jacobs, seconded by Councilmember Buesgens, to adopt Resolution 2023-38, a Resolution approving move in agreement with BPOZ Columbia Heights LLC for the occupancy of the city hall condo unit at the 40th and Central redevelopment site. All Ayes, Motion Carried 5-0. 7. Second Reading of Ordinance 1684, Council and Mayor Salary Increase. Councilmember Jacobs stated she believes the issue should be fully transparent to the voters and believed the item should have a second public hearing. She shared that the item was brought up by Councilmember James who had noted the pay scale has not been changed in decades, and only wealthy and retired people are able to run for office, which does not allow for equitable representation. She mentioned her disagreement with the Councilmembers only being ultra-wealthy. She agreed with Councilmember Buesgens’ comments during a work session that the Council’s positions are primarily seen as a service to the community. She noted the $7,800 salary was not a paycheck in the conventional sense, but she sees the salary as a way to cover incidental expenses. City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 5 Councilmember Jacobs noted she would be in agreement to a cost of living increase or COLA but not more than that. Unfortunately, COLA increases cannot be included in the ordinance being proposed due to the existing Charter language. The current proposed salary change is larger than a yearly COLA. She agrees that the salary should be adjusted in accordance with a COLA and does not agree with adjusting all 33 years in one large sweep for the taxpayers sake since there will be a 24% tax increase for the new Public Works building. She encouraged the Council to bring the item to the Charter Commission with recommendations for an amendment. Councilmember Jacobs requested a roll call vote. Motion by Councilmember Jacobs, to table the issue of Council and Mayor salary increases pending amendment of Chapter 2, section 13 titled “salaries” of the Charter of the City of Columbia Heights. Motion failed for lack of a second. Councilmember James stated she was happy the item was pulled from the Consent Agenda to discuss and agreed with Councilmember Jacobs that the Council should be transparent and that the Council does their job as a service to the community. She noted the $10,800 number was provided by Staff who did research on the median Council salary for similar cities in the area. The last pay increase for the Council was in 1989. She welcomed the Charter Commission to look at the language in the Charter to update. As of now, the Charter mentions that it is up to the Council to make the discussion. She noted if the salary was based on the cost of living, the salary would have been much greater than what it is now and she believes moving forward, it should be based on the cost of living so the Council does not need to make the decision. Councilmember Buesgens asked what the increase would be to the budget. Interim City Manager Hansen stated the total increase would be $14,200 effective January 1, 2025. Mayor Márquez Simula noted it was strange that Councilmember Jacobs explained that Councilmember James had brought up the topic as if it was for her benefit to get a raise . Mayor Márquez Simula felt that was irrelevant to the conversation and she did not believe it was Councilmember James’ motivation. Councilmember Jacobs noted that Councilmember James had brought the item up for discussion during a work session and that she had no ill intent behind her comments. Councilmember Spriggs expressed his appreciation for Councilmember James and Councilmember Jacobs for discussing their view points on the issue and added that he is not opposed to having the item opened to a public hearing in order for the public to provide input. He noted that it is not right to have neglected to look at the item for 33 years and he is in favor of having an additional public hearing. Councilmember James asked what the public hearing requirements were when reading an ordinance. City Attorney Jim Hoeft replied that a public hearing is not required. City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 6 Councilmember James noted since there has already been a public hearing on the matter, she feels comfortable taking a vote. Motion by Councilmember James, seconded by Councilmember Buesgens, to waive the reading of Ordinance No. 1684, there being ample copies available to the public. 4 Ayes, 1 Nay, Motion Carried 4-1. Ayes: Mayor Márquez Simula, James, Spriggs, Buesgens. Nay: Jacobs. Motion by Councilmember Spriggs, seconded by Councilmember Jacobs, to table the discussion of “Second Reading of Ordinance 1684, Council and Mayor Salary Increase” until the next City Council meeting. 2 Ayes, 3 Nays, Motion Failed 2-3. Ayes: Spriggs, Jacobs. Nays: Mayor Márquez Simula, James, Buesgens. Motion by Councilmember James, seconded by Councilmember Buesgens, to adopt Ordinance 1684, an Ordinance pertaining to the salaries of elected officials and direct staff to send the ordinance as presented, for publication in the legal newspaper . A roll call vote was taken. 4 Ayes, 1 Nay, Motion Passed. Ayes: Spriggs, James, Buesgens, Mayor Márquez Simula. Nays: Jacobs. PUBLIC HEARINGS 11. Consideration of Resolution 2023-33, Revocation of the License to Operate Rental Units Within the City of Columbia Heights against the rental property at 940 39th Avenue NE for failure to meet the requirements of the Residential Maintenance Codes. Assistant Fire Chief O’Brien noted there are two license revocations for the same licensee. The licensee has a previous revocation from November 22, 2021 for 4633 Tyler Street. He confirmed that the property on 4633 and 4625 Tyler Street have been sold, which reduces the amount of properties involved in the revocation to four total properties. Assistant Fire Chief O’Brien mentioned the new purchaser of the property is an LLC and can apply for a transfer rental license as long as they do it within 30 days of the transfer of the property. If this does not occur, then the license will no longer be valid. Assistant Fire Chief O’Brien stated 940 39th Avenue NE is an 11-unit building. He noted there was an inspection on July 7, 2023 and noted the following corrections to the findings of fact listed in the Agenda Packet on page 105:  Remove Item A  A portion of Item C was completed, but part of the window still does not latch.  Remove Item D  Item E is partially fixed, but remained failed due to two burners not working.  Item G is currently bare wood which is unacceptable.  Remove Item H  Remove Item I  Remove Item K-O City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 7  Include a note to receive a permit to fix the leaking water main near the water meter. Councilmember Buesgens asked if the owner had come to the Council last year. Assistant Fire Chief Dan O’Brien answered in the affirmative. Councilmember Buesgens noted the same property owner had 16 items to complete , had barely completed it on time, and is doing a similar pattern again. She noted the property owner is not maintaining the property in a timely matter. Mayor Márquez Simula opened the public hearing. Steve Johnson, noted they are a new company who have struggled to find quality help and have had property managers “dropping the ball.” He added that they have included additional internal check points to make sure it does not continue to happen. He explained they are spending $200,000 in improvements and repairs on the property in order to serve low-income families. He mentioned his desire is to serve the community properly and he wanted to be in the City to do business. He stated they had a property manager who was not qualified and did not handle the paper work correctly, but they now have someone who is qualified. In addition, some of the items were not completed due to back orders. He stated they are working hard to complete the required items and explained why some of the items have taken longer. The portfolio has been downsized in order to manage it better. He asked the Council to give them a chance and to let them prove that they will do better. Lee Yan, added that they have a new management company managing the properties and a new maintenance coordinator. Councilmember Jacobs stated it was the same excuses last time Mr. Johnson and Mr. Yan came to the Council. She noted they have an obligation to the tenants before collecting a paycheck and they were failing. Councilmember Buesgens agreed with Councilmember Jacobs’ comments. She added last time she had told Mr. Yan and Mr. Johnson that if they were not able to maintain the building and take care of the tenants, then they should find a different career. She noted they have failed since they have been before the Council two times over the same issue in the last year and a half. Councilmember James explained she spoke with several residents who live in the buildings that expressed long-term concerns. She expressed her concern that those residents had mentioned the company, beginning in March with communication beginning in May, so the company has been in place the entire time. She would like to hear from other residents. Mary Timmerman Parker, City resident, stated it is disturbing for her to hear about the item since she is not hearing about details for the check points, or a time frame, or anything that would lead her to believe the current owners have a plan in place to remedy City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 8 the issues. She noted it is not fair to the residents to have a company operating business in that manner. Mayor Márquez Simula asked what the time frame was for completing the items. Mr. Johnson replied that the windows should be completed in two weeks. He has pulled a permit for plumbing and will begin the work next week. Many inspections have been completed. Mr. Johnson noted they do not plan to come back a third time. Councilmember Jacobs expressed her frustration, noting they had said the last time that they did not want to come back a second time, and they have control on whether they were going to come back or not. Motion by Councilmember Buesgens, seconded by Councilmember Spriggs, to close the public hearing and waive the reading of Resolution 2023-33, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Buesgens, seconded by Councilmember Spriggs , to adopt Resolution 2023-33, a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. All Ayes, Motion Carried 5-0. 12. Consideration of Resolution 2023-34, Revocation of the License to Operate Rental Units Within the City of Columbia Heights against the rental property at 3806 Stinson Blvd. NE for failure to meet the requirements of the Residential Maintenance Codes. Assistant Fire Chief O’Brien stated a follow-up inspection occurred on July 7, 2023. He noted the only remaining item left to complete is item B, “shall repair/replace soft/spongy bathroom floor along tub in unit 301.” All other items have been completed. Mayor Márquez Simula opened the public hearing. Mr. Johnson stated a sub-contractor put in the flooring for unit 306 and 301. The painters walked on a portion of the floor that pushed it down and has had it fixed since then. Councilmember James asked when the floor was fixed. Mr. Johnson replied that it was three or four days ago. Councilmember Jacobs asked to clarify the soft versus hard floor. Mr. Johnson replied that there is a sub-floor beneath but the floor is a little slanted and needed to be leveled. Everything underneath the floor was replaced. Councilmember Jacobs asked if Assistant Fire Chief O’Brien could comment. Assistant Fire Chief O’Brien stated he could not comment on how the repair was completed but when the inspectors were there, the floors were spongy. City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 9 Mr. Johnson explained that the inspectors were going to make a note that there was only a portion of the floor that was spongy. Fire Chief Thompson stated the inspectors were present and able to provide insight. Inspectors Hall and Flanders introduced themselves. Mr. Hall stated during the floor repair inspection, they found toward the head of the tub that the floor sagged and started to break the seal with the tub, to the point where he could put his finger in between the floor and tub. Councilmember Jacobs asked if it was a safety issue since someone could fall. Mr. Hall replied that he could not speak to the framing underneath and it was possible that there is a gap between the sub-floor and the framing. Councilmember Buesgens noted the first inspection was in March 2023 so they have had five months to repair the property. She stated people do not deserve to live in that kind of property. Councilmember James thanked the Inspectors for being at the meeting. She added when people do not do the work required of them, more inspections are needed which is a cost for the City and Staff. Councilmember Buesgens mentioned Mr. Hall and Mr. Flanders are the full-time Inspectors for rental properties and thanked them for their work. Mayor Márquez Simula commented on the time and money that goes into re-inspections. Motion by Councilmember Jacobs, seconded by Councilmember Spriggs, to close the public hearing and waive the reading of Resolution 2023-34, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Jacobs, seconded by Councilmember Spriggs, to adopt Resolution 2023-34, a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. All Ayes, Motion Carried 5-0. 13. Consideration of Resolution 2023-35, Revocation of the License to Operate Rental Units Within the City of Columbia Heights against the rental property at 1000 Peters Place NE for failure to meet the requirements of the Residential Maintenance Codes. Assistant Fire Chief O’Brien noted that the item originated from a complaint in August 19, 2022 and added that the Council letter in the Agenda Packet had the incorrect date of December 12, 2022. The latest inspection occurred on June 28, 2023 with the following items still needing to be addressed:  Shall repair/replace delaminating fire door in first floor front stairwell. City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 10  Shall repair/replace broken/crumbling concrete blocks along front of patio area that are out of plumb, contain open cracks/breaks and are not kept in such condition that would prevent the entry of rodents and other pests.  Shall have a professional exterminator check the building for mice. Shall pr operly treat infested areas as needed. All structures and exterior property shall be kept free from insect, bird, and rodent infestation. All structures in which insects, birds, or rodents are found shall promptly be exterminated by an approved process that will not be injurious to human health Assistant Fire Chief O’Brien explained the license holders have had an interest in at least one rental license revocation on October 25, 2021. There are two buildings; an apartment building and a duplex. Councilmember Buesgens asked if this would be the property owner’s second revocation. Assistant Fire Chief Dan O’Brien replied it would be and noted the property owners have not completed the license application for this year and all fees are being pending processing. The interior and external inspection has not yet been scheduled. Councilmember Buesgens asked if it had been a 12 month period since the first notice. Assistant Fire Chief Dan O’Brien answered in the affirmative. Mayor Márquez Simula opened the public hearing. Hassain Khan, property manager, stated the original citation was the foundation walls and they had asked for an extension due to the winter. During that time, other items were added on. He explained the fire door is unique and difficult to find. They placed an order in February 2023 but continued to get notices that the door was not in stock until recently when he was notified that it is discontinued. A new steel fire door has been installed and the contractor was present and had videos and photos to prove the door was installed. Mr. Khan added that the contractor fixed the broken and crumbling patio which would fix the entry of rodents and pests. While it may not look profession, it serves the purpose. The pest control company does not deem the property an infestation but instead deem it a pest control issue. Environmental Pest Management has been providing on-going treatments to the property. Mr. Khan noted State law 504b.108 which states “the inspector shall inform the landlord or the landlord’s agent that the residential tenant or housing neighborhood organization in writing of any code violations discovered.” He read subdivision 2b which notes there should be sufficient time to correct the violation. He explained the contract is for a year and would not fixed in a few months. He added he has not heard many tenants complain about mice and it seems to be concentrated in a couple of units. Mr. Khan mentioned there was a previous suspension on a property in 2021 but it was a completely different scenario. City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 11 Councilmember Buesgens asked if he was the property owner since it is listed that he is the owner. Mr. Khan replied that he was not the owner but was a property manager. Mr. Khan noted the owners of the two properties are completely separate. He added it is reasonable to allow time for the treatment for pest control to run its course. He explained he would be happy to have someone verify that the door has been installed and to table the discussion to another meeting as a public hearing. He asked the Council to consider the families in the unit, and the property manager’s livelihood. He stated he would like to see what resources the City can provide to help him and he is willing to do a stipulated agreement. He is working with a third party resource to help tenants. He asked the Council to consider a primary suspension instead of a second revocation. Assistant Fire Chief O’Brien asked if Mr. Khan was related to both property owners and if they had met. Mr. Khan replied that he was related to both of them and that the property owners do not know each other. Councilmember Jacobs stated Mr. Khan had from August 2022 until June 2023 to install a door. She added she does not care if his vendor says if it is a mice infestation or not, the tenants talk about the conditions they are in and it is despicable. She explained it is his problem to get a new fire door in and mice propagate more mice; it is not due to Covid. She stated there was a tenant meeting, where the tenants discussed the number of mice on the property. She stated she does not want his business in the City if that is how he conducts it. Councilmember Buesgens noted she met with two of the tenants in the building who have to put mouse traps in the apartment. One tenant was told that since he did not have written lease, the landlord did not need to fix anything. The Inspectors do not see if the completed project is completed, they see if rodents are able to get into the building. Councilmember Buesgens stated the owner is ultimately responsible to make sure the building is properly taken care of and safe for the residents. The resident’s lives are disrupted due to the property manager and Mr. Khan. She noted the City believes renters should be taken care of and have a safe place to live. She advised Mr. Khan to find a different career. Councilmember James thanked Mr. Khan for coming to the meeting and noted the City needs more communication. She stated the City Council is working hard to have good landlords. She expressed her understanding with order delays but she is concerned by the lack of communication with the City and completing items after the final inspection. The ordinance is set up intentionally because in the past, people would change the LLC’s so they can get away from previous revocations. She stated older buildings typically have mice, but hearing from the residents is difficult. She is more interested about how in depth the contract is with pest control instead of how many treatments it is. She added she wants the residents to have safe living conditions. Mayor Márquez Simula agreed and stated she desires residents to have safe living conditions. She noted it is the minimum standards that are being addressed and it is sad City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 12 that families are being affected by this, noting many residents in the building have been treated terribly for a long time. Mr. Khan explained it is not a financial issue and the landlord has received resources. Many of the tenants that came to the tenants meeting have not given any written notices or directly notified him to correct the issues. He mentioned he would be more than happy to place those tenants in nice accommodations while the issues are being fixed. He added that the steel fire door was cheaper than the original one he bought. He noted he is an accommodating, responsible, a kind property manager, and has created a system where tenants can make complaints online. He does not want the previous revocation to be the reason for revocation for the current property. He asked the Council to consider the gravity of the decision. Councilmember Spriggs asked if there were any tenants who were willing to speak on the matter and if the inspectors could speak on the state of the building. He explained he did not appreciate Mr. Khan blaming the tenants for not giving written notice and going to the City since it is Mr. Khan’s responsibility to maintain the building. He wondered if tenants did not speak up because they feared retaliation since some tenants have mentioned that. Mr. Khan replied that he did not blame the tenants and there was a law in place for tenants to give written notice instead of going to the City. Mayor Márquez Simula explained that the tenants did not come to the City but the City had provided a tenant meeting where residents were mentioned that there were rodents and were told there was nothing that could be done. Mr. Khan stated he provides his tenants with resources and is not a property manager who retaliates since it is illegal. He added if the tenants do not tell him the issues, he is not able to address them. He mentioned a lot of the tenants have not paid rent for several months and it has not been collected due to the recent postings. He is not taking actions against the tenants until the issues are addressed. Mary Timmerman Parker, City resident, stated in this situation all she can hear is “blame the victim.” She feels as if no one is taking responsibility for what is happening at the property. It is not responsible, and she does not want it for the City. She added the owner and rental company are not taking it seriously. Councilmember James noted if there was documentation regarding the fire door being delayed and now installed, she would be willing to table the item. She added she does not think it would be helpful to table the discussion on the pest extermination since there is no change. Mr. Khan stated the next pest control treatment is July 12, 2023. City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 13 Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to close the public hearing and waive the reading of Resolution 2023-35, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to adopt Resolution 2023-35, a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. All Ayes, Motion Carried 5-0. 14. Approval of Resolution 2023-36, Conditional Use Permit to Allow a Banquet Hall at 2201 37th Avenue NE. City Planner Boucher stated 2201 37th Avenue NE used to be the Unique Thrift Store and is a 42,000 square feet commercial space. Mohamed Abdulle and Abdul Salah have asked Tim Stone to represent them for the application to allow a banquet hall in a portion of the existing 42,000 square foot building and is a redevelopment project. The banquet hall is proposed to provide assembly space for graduations, celebrations, wedding receptions, and similar events. The property is 3.1 acres and located in the General Business District. The Banquet Hall requires a Condition Use Permit (CUP). City Planner Boucher mentioned the CUP is subject to required findings and specific development standards for banquet halls. The proposal is consistent with the City’s Comprehensive Plan and the use is allowed in the General Business District. Section 9.107(C)(54) of the Zoning Ordinances imposes the requirements for a “banquet hall” uses. City Planner Boucher noted one of the conditions of a banquet hall requires that they provide a transportation management plan showing how they address off street parking, loading and unloading traffic control, and the impact of the facility on the surrounding roadways. The applicant has engaged a parking engineer who has determined that the peak parking times are different between the banquet hall and surrounding businesses. The surrounding office and retail spaces will most likely have peak parking on weekdays between 8 am and 8 pm while the event space will be operating from 7 pm to 2 am on the weekends. City Planner Boucher explained there will be no exterior modifications to the existing building or accesses. Aside from new signage, no site modifications are anticipated as a condition approval of the CUP. All applicable building codes, fire codes and licensing requirements must be satisfied. The property owner or tenant are required to regularly sweep the streets, sidewalks, and anything within 100 feet of the building. Music or amplified sounds shall not be audible from adjacent residential uses and must meet the requirements of City ordinances to ensure consistent enforcement by the police department. The banquet hall will not impose any hazards or disturbing influences on the neighboring commercial and multifamily properties if conditionals appropriately. City Planner Boucher stated the site is served by adequate utilities and services. The property shows adequate parking. The setback from the street should be 15 feet, but the City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 14 building has a current setback of three feet. If an expansion of the property was proposed, Staff would not be in support of it. City Planner Boucher noted Staff recommends the Council to approve the Conditional Use Permit subject to the following conditions of approval: 1. All new signage shall be subject to City review and approval. 2. Loading activities shall take place on the north side of the building and the former drive-up donation lane located south of the building shall not be used for loading activities. 3. All uses within the building shall comply with the standards governing the odor emissions as adopted and enforced by the Minnesota Pollution Control Agency and any applicable performance standards. 4. The applicant shall adhere to any and all recommendations provided by the Public Works Department. 5. The building shall meet all applicable building and fire codes. 6. The subject site and all adjacent streets and sidewalks within 100 feet of the site shall be inspected regularly for the purposes of removing any litter found thereon. 7. No music or amplified sounds which would be audible from adjacent residential uses shall be allowed on the subject site and the site will comply. 8. All required state and local codes, permits, licenses and inspections shall be met and be in full compliance; the distribution of alcohol is limited to licensed alcohol providers. 9. Music performance may be allowed as an accessory use to the banquet hall for a party, banquet, wedding, reception, or other social events; music performances may not be the primary function. 10. Verify exterior lighting is in working order and appropriate for the site; a photometric plan shall be submitted to ensure light levels are compliant with city code and lighting will be brought into compliance if deficiencies are identifie d. 11. An emergency management plan is required and shall include on-site management; functioning security cameras with 30 days of digital storage and cover the parking lot, alley, main areas, and interior spaces; how the ingress/egress will be maintained; and parking lot management to ensure that odors, noise, and any on- site alcohol consumption does not occur outside of the building. Councilmember James asked to elaborate on why the building can seat 464 but has a maximum occupancy of 311. City Planner Boucher explained it was brought to him by the Fire Chief and Fire Official and is the occupant load based on the square footage of the space. Councilmember Jacobs asked about the condition of the parking lot. City Planner Boucher noted the applicant was present and could answer the question. Tim Stone, representing the applicant, replied that he was the architect for the project. He added the owners have done improvements to the parking lot including re -tarring, re- striping and landscaping. Due to the construction on 37th Avenue, some of the debris is City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 15 blowing into the parking lot even though there is a fence. He explained he is confident that the owner will address those issues once construction is completed. Councilmember Jacobs expressed her excitement about the banquet hall going in. Jennifer Pyper Muno, City resident, expressed her excitement of the banquet hall going in and added she is disappointed to hear that nothing is going to happen to the outside of the building since it is dated and run down looking. She hoped the owners would reconsider changing the exterior of the building. She mentioned another consideration is the sound since the building will be opened until 2 am and sound can carry over the lake, as well a concern of having a lot of people leaving the building at such a late hour. Mr. Stone appreciated the comments and noted there is a barrier of trees from the lake which will help with the sound. He noted there is an apartment building nearby that is more run down and paint and a new parking lot will help the look of his building. The applicant will be proposing soundproof walls along the assembly areas. City Planner Boucher added that it is subject to zoning performance standards so if there is an issue with the noise and enough complaints, it would be grounds to revoke the CUP. Motion by Councilmember Spriggs, seconded by Councilmember Jacobs, to close the public hearing and waive the reading of Resolution 2023-36, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Councilmember Buesgens asked if Murzyn Hall closed at 12 am. Interim City Manager Hansen replied that it can stay open longer than that but the bar closes around 11 pm or 12 am. Councilmember Buesgens explained she would like to see the requirement changed to be closed at 12 am instead of 2 am. Councilmember Buesgens asked if exterior greenery could be included on the west side of the parking lot to soften the sound. She asked if any of the Councilmembers were against it because she would like to include the conditions in the motion. Councilmember James noted there is some greenery and she would be in favor of having a condition to include more. She did not agree to changing the hours since 37 th Avenue NE is a main road and people would not be leaving through residential streets. She added there is some greenery but she cannot tell if it is on another property. City Planner Boucher explained it is difficult to see on the map where the property begins and another ends. Mayor Márquez Simula expressed her concern of visibility of drivers if more greenery was included so she would not feel comfortable including it in the CUP but would like to bring it up. City Planner Boucher noted any landscaping would be subject to the site triangle requirements because it is on a corner street. Anything within 30 feet from the curb line cannot have anything between 30 inches and 10 feet because it would obstruct the view. City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 16 Councilmember Buesgens explained she would like greenery between the liquor store and the memory care center. She asked how late liquor was allowed to be served. City Planner Boucher replied they would refer to the State but believed it was until 2 am. Councilmember Jacobs mentioned she did not have a problem with the event hours since it is in a commercial area and she was fine with including additional greenery for an extra buffer for sound. City Planner Boucher noted there are mechanisms to ensure enforcement if there are complaints. Councilmember Buesgens asked if there were apartment buildings surrounding the banquet hall and noted they may be effected by the sound. City Planner Boucher replied that there were apartment buildings and agreed that if there was anything physically observable from the property, the City would be able to enforce compliance. Motion by Councilmember James, seconded by Councilmember Spriggs, to adopt Resolution 2023-36, a Resolution of the City Council of the City of Columbia Heights Approving a Conditional Use Permit to allow a Banquet Hall to Operate at 2201 Avenue NE, Columbia Heights, Mn, 55421 (Pin 36-30-24-44-0014) subject to the conditions stated in the resolution. All Ayes, Motion Carried 5-0. Mayor Márquez Simula recessed the regular meeting at 8 pm. The regular meeting was reconvened at 8:08 pm. ITEMS FOR CONSIDERATION Bid Considerations 15. Adopt Resolution 2023-39 Being a Resolution Accepting Bids and Concurring with Awarding a Contract for the Reconstruction, Trail, and Walk Improvements on 53rd Avenue, Project 2305. Interim City Manager Hansen explained the two bids are for the same street but are put forward in two separate projects due to the funding source. The first bid includes the segment between the Medtronic property to the west of Columbia Heights and ends at University Avenue. The work includes the reconstruction of the roadway, narrowing the roadway by ten feet and introducing a trail on the south side of the roadway and a sidewalk on the north side of the roadway. Interim City Manager Hansen stated bids are being received by the City of Fridley since it is a joint project between Fridley and Columbia Heights. Fridley received four bids with the lowest bid coming from Park Construction Company, which came in 15.5% under the engineer’s estimate for the work. Interim City Manager Hansen mentioned the work for the City’s side would be funded through the Local Road Improvement Program Grant. It would also be funded through assessments, bond funds, and the State Aid account. Watermain replacement will happen on the Columbia Heights’ side. Staff recommends approval of the resolution concurring City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 17 with the bid award to Park Construction in the amount of $1,776,297.26. After it is awarded, Staff will move forward with holding a public meeting with the adjacent property owners to go through the construction schedule. Councilmember Buesgens asked if there was start date. Interim City Manager Hansen replied it would be towards the end of July or early August. Motion by Councilmember James, seconded by Councilmember Jacobs, to waive the reading of Resolution 2023-39, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember James, seconded by Councilmember Jacobs, to adopt Resolution 2023-39, a Resolution accepting bids and providing concurrence for awarding the 2023 Street Rehabilitation Program consisting of 53rd Avenue Reconstruction, Trail, and Sidewalk Improvements, Project 2305, to Park Construction Company based upon their low, qualified, responsible bid in the amount of $1,776,297.26, of which roughly $785,000 is the total that Columbia Heights will be responsible for providing to Fridley, appropriated from the following funds, $80,000 from Fund 651-6400, $10,000 from fund 602-6400, $110,000 from Fund 653-6400, $396,708.13 LRIP grant funds, and the remaining is anticipated to be covered by other City funds. All Ayes, Motion Carried 5-0. 16. Adopt Resolution 2023-40 Being a Resolution Accepting Bids and Concurring with Awarding a Contract for Construction of a Turnabout on 53rd Avenue, Project 2007. Interim City Manager Hansen stated the project goes from Central Avenue to the west side of the Medtronic building. The primary aspect of the project is introducing safety improvements on 53rd Avenue with raised concrete median being included to the turnaround. It includes new sidewalk and a new paved trail on the south side of the roadway. Fridley received four bids with the lowest being 5% over the engineer’s estimate. There is grant funding has had a slight increase for it and will cover the overage of the cost. Unfortunately there are two contractors. Park Construction will cover the west side of the project and Forest Lake Contracting will cover the east side of the project. Staff recommends award the project to Forest Lake Contracting in the amount of $1,384,132. Councilmember Jacobs asked what the timeline would be. Interim City Manager Hansen replied it would be at the end of July or beginning of August. Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to waive the reading of Resolution 2023-40, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Buesgens, seconded by Councilmember Spriggs, to adopt Resolution 2023-40, a Resolution accepting bids and providing concurrence for awarding the 2023 Street Rehabilitation Program consisting of 53rd Avenue Reconstruction and Turnabout Construction; Project 2007, to Forest Lake Contracting, Inc. based upon their low, qualified, responsible bid in the amount of $1,384,132, of which approximately $692,066 is the total that Columbia Heights will be responsible for providing to Fridley, City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 18 appropriated from the following funds, $10,000 from Fund 601-6400, $10,000 from fund 602-6400, $140,000 from Fund 653-6400, $365,400 HSIP grant funds, and the remaining is anticipated to be covered by other City funds. All Ayes, Motion Carried 5-0. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Councilmember Buesgens noted it was the last City Council meeting in the current chambers. She explained she interviewed the Sustainability Commission applicants with the other Councilmembers. She attended the tree identification workshop, the Somali sister celebration, and is volunteering at Blooming Sunshine Gardens. Councilmember James stated she attended the Sustainability Commission interviews, and a meeting with a local union leader of the North Central Regional Council of Carpenters. She signed a letter to the EPA agency of the federal government because of the protections that are being taken away from cities. There was a long Council work session with a lot of conversation getting accomplished. Adopt-a- Park occurred at Ostrander Park and she encouraged residents who have adopted a park to clean up any leftover fireworks debris and trash. She signed up for the summer reading program at the library where children are able to earn a prize and adults are able to win a free book. She added her children attended the Wild Wednesday Program with Parks and Recreation. She thanked the Staff who have been working with the power lines and power outages. Councilmember Jacobs stated she had nothing to report. Councilmember Spriggs mentioned he signed onto the same EPA letter as Councilmember James. He noted he had several meetings with residents and email correspondence with some other local elected officials on how to partner with other cities. He attended the City Council work session. Mayor Márquez Simula stated she attended the Sustainability Commission interviews with the other Councilmembers, the Park and Recreation meeting, and the Sister City signing event. She noted 2nd-5th graders from Valley View School came to Blooming Sunshine Gardens to learn about trees. Tomorrow night is the youth book club at the library with room to still sign up and will be held from 5:30-6:30 pm. She acknowledged that she received numerous phone calls and emails about fireworks, noise , and trash. Report of the City Manager Interim City Manager Hansen stated this was the last City Council meeting in the building and it is the plan to have the first day of operation at the new City Hall on Monday, July 24. The building will be closed on Friday, July 21, in order to transfer everything to the new building and set up the new phone system. The grand opening for the new City Hall will be on August 17 from 5:00-7:30 pm. The Communications Coordinator has sent out a request for artists to submit art to display at the grand opening. Music in the Park will be on Wednesday at Huset Park East from 6:30-8:00 pm. City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 19 Interim City Manager Hansen noted the Police Department’s annual meet and greet will be at Keight Park next Tuesday, July 18, from 5:00-7:00 pm. This Wednesday there will be a conversation regarding the art display at the library that will begin at 5:30 pm. There will be a master gardener series at the library on Saturday from 10:00 am – 12:00 pm. Interim City Manager Hansen explained that the City purchases water from Minneapolis. As part of the purchasing agreement, if there are water restrictions in Minneapolis, the City is required to follow the same restrictions. The water from the river is low and Minneapolis is nearly declaring water use restrictions with the first impact being lawn use. COMMUNITY FORUM Jack Israelson, City resident, stated he was looking at the park master plan documents and noticed th at Hilltop Park was being replaced next year. He recommended they include a swing in the park play equipment since there currently is not one. Diana Meyer, City resident, stated she was at the Council meeting a few weeks ago regarding stop signs. She noted every night from 40th Street to 44th Street, there are screeching tires and parked cars getting hit due to speeding drivers. She added the home next to hers has not been finished for seven years and asked someone to do something about it. Missy Lee, City resident, stated she would like to address some of the comments made during the meeting. She expressed her concern of Councilmemb er Jacobs’ comment regarding community being the Council’s employer and noted she needs to listen to the employers. She added the obligation stands in leadership and one of the Councilmembers has failed the community. She noted Councilmember Jacobs has good qualities such as strength and communication but used it in the wrong way. She reminded the Council of the mission statement to build and strength connections and encouraged them to speak with their constituents and understand them. She asked Councilmember Jacobs to step down for the community. Tom Kaiser, City resident, explained he is a part of the group that is organizing the recall of Councilmember Jacobs and thanked everyone they have spoken to regarding the matter. He added that the community cares about each other. They are a community that is outrage d when someone is treated horrendously by an elected official and is grateful to everyone who has stepped up to make a meaningful change. He added he hears every day that Councilmember Jacobs does not embody Columbia Heights and does not deserve to represent the people. He stated her actions are unacceptable to the community. He expressed his pride in the City and gratitude for doing what it takes to let the City and its citizens pick someone else. Gregory Joseph, attorney, stated he was being retained by Councilmember Jacobs in connection with the efforts to remove her from office using the Columbia Heights City Charter’s recall power. He outlined the pertinent law and how he felt it applies to the recall effort. He noted if the City orders a placement of question on the municipal ballot, he will file a suit against the City and litigate the matter in court. He stated he felt all of the petition pages are legally deficient and added the petition fails because it does not allege malfeasance or nonfeasance in office. The conduct must relate to something of substantial nature that direction affects the rights and interests of the public. He noted the courts City of Columbia Heights MINUTES July 10, 2023 City Council Meeting Page 20 drew a line between political criticisms where recall may not be invoked and malfeasance where it can. He stated under the court’s definition, the recall effort against Councilmember Jacobs falls short of malfeasance. He urged the Council to wait to make the final decision until they have reviewed the pertinent law with the City Attorney. He felt the statutory deadline for notifying the County auditor and Secretary of State for holding a special election is August 25, 2023. Ed Higgins, City resident, thanked the residents of Columbia Heights who have shown up for the recall efforts and to the City Council and City for the support throughout the process. He noted there are enough signatures to trigger a recall election, they were able to re-register a lot of inactive voters, and new voters in the process. He stated they are respectfully asking Councilmember Jacobs to resign in order to avoid an estimated $30,000 special election. The Councilmember has been censured from all committees and therefore the other Councilmembers have to pick up the slack, which is not fair. He added that Councilmember Jacobs is being paid tax dollars to do the bare minimum for her constituents. He asked the City and residents to work with the Charter Com mission to update the outdated recall policies. He stated the pursuit of happiness is a right given to all United States Citizens in the Constitution. ADJOURNMENT Motion by Councilmember Buesgens, seconded by Councilmember James, to adjourn. All Ayes, Motion Carried 5-0. Meeting adjourned at 8:51 pm. Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary