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HomeMy WebLinkAbout10-09-2023 City Council Meeting (Amended) 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, 3989 Central Ave NE Monday, October 09, 2023 6:00 PM AMENDED MINUTES The following are the minutes for the Meeting of the City Council held at 6:00 pm on Monday, October 9, 2023, in the City Council Chambers, City Hall, 3989 Central 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; Aaron Chirpich, Community Development Director/ Assistant City Manager; Jim Hoeft, City Attorney; Sara Ion, City Clerk; Dan O’Brien, Assistant Fire Chief; Gloria Bergstrom, City resident; Alicia De La Cruz, City resident; Anita Pettway, City resident; Michelle Pettway, School District liaison; Brad Wise, Anoka County Sheriff 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 PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Mayor Márquez Simula announced the agenda would be reordered to consider Polish Heritage Month Proclamation as item A, Indigenous People Day Proclamation as item B, and Anoka County Sheriff Brad Wise as item D. She added that “School Board Update” would be added under Proclamations, Presentations, Recognition, Announcements and Guests as item C. A. Polish Heritage Month Proclamation. Mayor Márquez Simula proclaimed October 2023 as Polish Heritage Month and read the City’s proclamation. Gloria Bergstrom accepted the Proclamation and stated that the Mayor made Columbia Heights proud on the trip to Poland. * B. Indigenous People Day Proclamation. City of Columbia Heights MINUTES October 09, 2023 City Council Meeting Page 2 Mayor Márquez Simula proclaimed October 9, 2023 as Indigenous People Day and read the City’s proclamation. Alicia De La Cruz, City resident, accepted the proclamation and expressed the honor it was to accept the proclamation. She explained that her father was a part of the 1955 Indian Relocation Act where he was relocated to Columbia Heights. She added that she is a culture bearer and desires to continue to see her culture thrive and survive. Anita Pettway, City resident, stated that during school, they celebrated Indigenous People Day where children learned how to dance like Native Americans and hear songs. She noted that many people were laughing and explained it is not funny to laugh at other people’s culture and instead is an opportunity to learn. C. School Board Update. Michelle Pettway, School Board Liaison, stated the School District would like to acknowledge that it was Indigenous People Day. She noted that Columbia Heights Public Schools (CHPS) resides on ancestral Dakota land. The acknowledgement represents a commitment to dismantling the ongoing legacies of colonial power and the School District’s desire to support local Indigenous communities to thrive in the schools. Ms. Pettway mentioned that October is National Principal Month and thanked all the schools principals and assistant principals. The 15th Annual Alumni Foundation Dinner is coming up and will be a time to celebrate and honor the Alumni Foundation scholarship winners and the 2023 Alumni of Distinction. A referendum presentation will be held on November 24, 2023 at 6 pm to address questions regarding the upcoming levy. The meeting will be at the Family Center in the community room. Ms. Pettway noted that the local teachers union hosted a School Board candidate forum last week. For those who missed the meeting, links to watch the meeting can be found on the district website and their Facebook page. The School Board would like the community to know what they offer to the community, such as a home buyer’s seminar, pickleball, yoga, signs of Alzheimer’s class, plays, etc. More information can be found on the School District’s website and Facebook page. D. Anoka County Sheriff Brad Wise. Anoka County Sheriff Brad Wise mentioned that the Columbia Heights’ Police Department was phenomenal and has worked with Chief Austin. He explained that the Sheriff’s office operates the detention center, court security, operates the crime lab, supports investigations for Columbia Heights, and civil processes that the Police Department does not do. He noted that the Anoka County Sheriff’s office has a good relationship with the City’s Police Department and appreciates the opportunity to supplement anything that the City’s Police Department needs. Anoka County Sheriff Wise explained that the County is looking to replace the detention center. It was built in the 1980s and is old and small. It was built for re-entry services which is something City of Columbia Heights MINUTES October 09, 2023 City Council Meeting Page 3 that needs to change. A new facility would offer spaces to address mental health and addiction. The best thing that the Sheriff’s office can do is provide support to not have re-offenses. The purpose of a new facility would be to create space when people need to be detained and to focus on making people better than they were. He encouraged residents to reach out with questions and noted that he would be back on an annual basis. Mayor Márquez Simula asked if he would consider being a guest at the Citizens Academy class. Anoka County Sheriff Wise replied that he would love to. APPROVAL OF AGENDA Motion by Councilmember Jacobs, seconded by Councilmember James, to approve the Agenda as presented. All Ayes, Motion Carried 5-0. CONSENT AGENDA Councilmember James requested Item 3, “Adopt Resolution 2023-57, Appointing Youth Commission Members,” be removed from the Consent Agenda for further discussion. Motion by Councilmember Buesgens, seconded by Councilmember Spriggs, to approve the Consent Agenda as presented with item 3 removed for further discussion. All Ayes, Motion Carried 5-0. 1. Approve the September 25, 2023 City Council Meeting Minutes. MOTION: Move to approve the September 25, 2023 City Council Meeting minutes. 2. Approve the October 2, 2023 City Council Work Session Meeting Minutes. MOTION: Move to approve the October 2, 2023 City Council Work Session Meeting minutes. 3. Pulled from the Consent Agenda for further discussion “Adopt Resolution 2023-57, Appointing Youth Commission Members.” 4. Add Authority for Impoundment to State Payables List. MOTION: Move to add Ordinance Section 7.301 AUTHORITY FOR IMPOUNDMENT to the State Payables List. 5. 3988 Central Avenue NE Sanitary Sewer Line Repair. MOTION: Move to amend the 2023 Sanitary Sewer Budget, Fund 602, and issue payment in the amount of $32,260 to the property owner of 3988 Central Avenue NE for costs associated with the sanitary sewer repair. 6. Rental Occupancy Licenses for Approval. MOTION: Move to approve the items listed for rental housing license applications for October 9, 2023, in that they have met the requirements of the Property Maintenance Code. 7. License Agenda. MOTION: Move to approve the items as listed on the business license agenda for October 9, 2023 as presented. City of Columbia Heights MINUTES October 09, 2023 City Council Meeting Page 4 8. Review of Bills. MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list to claims paid by check and by electronic funds transfer in the amount of $2,384,707.53. ITEMS PULLED FROM THE CONSENT AGENDA 3. Adopt Resolution 2023-57, Appointing Youth Commission Members. Interim City Manager Hansen stated that there were six total applications. There is a mix of returning and new members. There are six total members and the first meeting will occur on Wednesday. Mayor Márquez Simula asked Councilmember James to read the names of the commissioners. Councilmember James noted the commissioners were, Tsenant Mamo, Dreamer Morales, Tristen Marquez, Mira Kucera, Roger Rogne, and Roman Tabor. Mayor Márquez Simula mentioned that she is excited for the youth to be a part of the Youth Commission, noting it was the third year of this Commission. Motion by Councilmember James, seconded by Councilmember Buesgens, to waive the reading of Resolution 2023-057, 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- 057, being a resolution appointing Youth Commission members. All Ayes, Motion Carried 5-0. PUBLIC HEARINGS 9. Consideration of Resolution 2023-59, Revocation of the License to Operate Rental Units Within the City of Columbia Heights Against the Rental Property at 1349/1351 Circle Terrace Blvd. NE for Failure to Meet the Requirements of the Residential Maintenance Codes. Assistant Fire Chief O’Brien noted that the property owner failed to obtain all the required permits necessary to make repairs. He explained an initial licensing inspection occurred on July 5, 2023 but should have been done on May 1, 2023. The property owner was charged a late fee because of that. The inspector found violations such as plumbing violations, and exterior treatment issues and a problem with one of the windows. The property owner contacted the City on August 4, 2023 and requested an extension. The extension was granted until August 30, 2023. During that time, the plumbing was corrected but the window was not fixed. An inspection occurred on October 3, 2023 and the broken window violation was still not complete. On October 4, 2023 the broken window was replaced but failed to get a permit for the replacement and therefore he does not know if the window is installed correctly or not. City of Columbia Heights MINUTES October 09, 2023 City Council Meeting Page 5 Assistant Fire Chief O’Brien explained that this would be the first revocation of the license for the property owner within five years, which would make them eligible to regain their license. Mayor Márquez Simula opened the public hearing. There was no public comment. Mayor Márquez Simula asked if the only outstanding concern was that there was no permit for the window installation. Assistant Fire Chief O’Brien replied that it was correct. Mayor Márquez Simula stated she was interested in tabling the item if that was the only concern. Assistant Fire Chief O’Brien explained that the initial notice was sent to the property owner on July 6, 2023 and clearly stated that permits were required. Councilmember Jacobs expressed her concern regarding the length of time it has taken and that there is no one there for the public comment. She asked how someone could get a permit in arrears. Assistant Fire Chief O’Brien replied that a permit would have to be obtained from the Building Department and show the inspector that the window was install properly. Councilmember Jacobs stated she would not be in favor of tabling the item since the property owner had plenty of notification. Councilmember James expressed her concern of having multiple violations and pointed out that the property owner would be able to reapply for the license and therefore, no residents would be without a home. She would be in favor of revoking the license and having the property owner reapply. Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to close the public hearing and waive the reading of Resolution 2023-59, 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 2023-59, being a resolution of the city council of the city of Columbia Heights approving revocation, pursuant to city code, of the rental license listed. All Ayes, Motion Carried 5-0. 10. Consideration of Resolution 2023-44, Revocation of the License to Operate Rental Units Within the City of Columbia Heights Against the Rental Property at 4522 Tyler Street NE for Failure to Meet the Requirements of the Residential Property Maintenance Codes. Assistant Fire Chief O’Brien stated the item was a continuation from the public hearing during the August 28, 2023 City Council meeting. He explained the outstanding violations were a missing switch plate, missing or inoperable smoke detector in a bedroom, a mouse infestation, and a sewer and sump pump issue. The home owner’s husband was in the hospital and had requested additional time. He explained that he spoke with the home owner’s husband who requested additional time and was told to go to the City Council if he wished to have more time. They have not contacted the office to schedule an inspection. Mayor Márquez Simula opened the public hearing. There were no public comments. City of Columbia Heights MINUTES October 09, 2023 City Council Meeting Page 6 Motion by Councilmember Jacobs, seconded by Councilmember James, to close the public hearing and waive the reading of Resolution 2023-44, 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 2023-44, being a Resolution of the city council of the city of Columbia Heights approving revocation, pursuant to city code, of the rental license listed. Councilmember James expressed her empathy to the property owners but since there has been no communication, it is time to move forward. She added she hopes the issues can be fixed quickly for the residents living in the building. All Ayes, Motion Carried 5-0. 11. Consideration of Resolution 2023-051, Revocation of the License to Operate Rental Units Within the City of Columbia Heights Against the Rental Property at 677/679 43rd Avenue NE for Failure to Meet the Requirements of the Residential Maintenance Codes. Assistant Fire Chief O’Brien explained that the item was tabled during the September 25, 2023 City Council meeting. The outstanding violation included a broken smoke alarm in the public area. The property owner came into town like he had discussed. The inspectors performed compliance inspection on October 3, 2023 and found that the smoke alarm was installed. He recommended that the Council does not pass the previously recommended motion for revocation. Mayor Márquez Simula opened the public hearing. There were no public comments. Motion by Councilmember Spriggs, seconded by Councilmember Jacobs, to close the public hearing and waive the reading of Resolution 2023-051, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Spriggs, seconded by Councilmember Buesgens, to adopt Resolution 2023-051, being a Resolution of the City Council of the city of Columbia Heights approving revocation, pursuant to City Code, of the rental license listed. All Nays, Motion failed 5-0. ITEMS FOR CONSIDERATION 12. Cancellation of School Resource Officer Agreement. Police Chief Austin explained earlier in the year the legislature amended Statue 121a.58, which limited the types of use of force that officers assigned as School Resource Officers (SRO’s) were permitted to use. There has been a lot of discussion and this matter has been reviewed extensively with two different opinions given by the Attorney General’s office. There have been three opinions given by the League of Minnesota Cities Insurance Trust. In addition, there have been written concerns about the law and the increased liability associated with the law. The Anoka County attorney has spoken about the issue as well, with the recommendation to not have SRO’s into the schools. After review, he City of Columbia Heights MINUTES October 09, 2023 City Council Meeting Page 7 recommended that the current SRO agreement be cancelled due to how the law is currently written. Upon cancellation, the Police Department has been working on an alternative of having a juvenile investigator position. A big part of that officer’s job would be to work with the schools and students and continue to build the relationships. The officer would also be working out of the City side of the Highlander Center, which is attached to the Columbia Heights High School. The contract will be revisited next year in hopes that the SRO’s could return to the schools. Police Chief Austin explained that if the law does not change, it is his recommendation to put together a working group with the Police Department, School District, members of the School Board, and members from the City Council to try to work on a viable agreement and solution. Mayor Márquez Simula expressed her appreciation for the continued care and thought that has gone into the plan to ensure that students and staff are still looked out for. Councilmember James agreed and thanked Police Chief Austin for presenting all of the information and documents. She added that there needs to be updates to the current contract and she is in favor of making a new working group. Police Chief Austin explained that the Police Department and the School have had a relationship for many years and he is grateful there is a viable plan b. Councilmember Jacobs explained her understanding that the contract was reviewed by the Mayor and other entities involved and was an ongoing process. Police Chief Austin replied that the Mayor took initiative and has a workable draft that was created before the new law took place. He noted if the law does not change, then the draft will need to be changed. Councilmember Spriggs agreed with Councilmember James’ comments. He added that if the contract is cancelled, the Juvenile Inspector would be funded by the City and not the School District. Police Chief Austin noted that upon cancellation, they could have the officer assignment in place before the end of October. Councilmember Buesgens thanked Police Chief Austin and the members who were involved in working through the issue. Motion by Councilmember Jacobs, seconded by Councilmember Spriggs, to cancel the School Resource Officer agreement with Columbia Heights Public Schools. All Ayes, Motion Carried 5-0. Ordinances and Resolutions 13. Consideration of a Rental License Exemption for 685 43rd Avenue NE. Community Development Director/Assistant City Manager Chirpich stated the request is the first single-family rental density cap review after the newly enacted density cap that is City of Columbia Heights MINUTES October 09, 2023 City Council Meeting Page 8 placed on single-family properties in the City. This property, 685 43rd Avenue NE, is currently in a section that is oversubscribed and does not have available rental licenses. The ordinance has a request to pass an exemption and allow a rental license to be issued to a property that is in a zone that is oversubscribed. The request is being brought forth by the home owner. The home owner has moved out of State for a temporary assignment for a new job and intends to move back to the City. If the exemption request is approved by the City Council, the applicant has three months to complete the license process and inspections. Once the license is issued, it is valid for one year. After that, the applicant would have to apply for a temporary license for an additional year and would only be eligible for two consecutive temporary licenses. Staff are recommending approval of Resolution 2023-58. Councilmember Jacobs asked who would be managing the property locally. Nathan Kennedy, home owner and applicant, replied that he is hooked in with a small management company called Wits. Councilmember Jacobs asked Mr. Kennedy what kind of construction he was doing locally. Mr. Kennedy replied that he is a carpenter and does a variety of jobs. He explained that the out of State job is a good opportunity but he has plans to come back to Columbia Heights. Councilmember Buesgens explained that due to the reason for renting the property and that it is temporary, she is in favor of the rental exemption. Mayor Márquez Simula asked Mr. Kennedy if he understood that it was a temporary license. Mr. Kennedy replied that he understood. Councilmember James expressed her gratitude for Mr. Kennedy’s letter. She added that it is in spirit of the moratorium that was in place of not having housing bought by corporate landlords and she is in favor of granting a temporary license. `Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to waive the reading of Resolution 2023-58, there being ample copies available to the public. All Ayes, Motion Carried 4-1. Ayes: Márquez Simula, Spriggs, James, Buesgens. Nay: Jacobs Motion by Councilmember Buesgens, seconded by Councilmember James, to adopt Resolution 2023-58, a resolution approving the single-family rental exemption request for the rental application at 685 43rd Avenue NE, Columbia Heights, MN 55421. All Ayes, Motion Carried 4-1. Ayes: Márquez Simula, Spriggs, James, Buesgens. Nay: Jacobs CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Councilmember Buesgens noted that she attended the Minnesota Cities Climate Coalition webinar, Metro Council Housing and Economic Committee, Booster’s 56th Awards Dinner, Highlanders homecoming football game, VFW’s second annual ribs cook off, assessment hearing with the Council, City of Columbia Heights MINUTES October 09, 2023 City Council Meeting Page 9 Hart Lake Apartments crafts and arts sale, bike race at Huset Park, and worked with the Blooming Sunshine Garden. She also worked with the Daughters of the American Revolution to help HeightsNext prepare their gardens for the winter and thanked them for their work. She also thanked HeightsNext for cleaning up Central Avenue. Councilmember James stated she attended the Minnesota Cities Climate Coalition webinar, Highlanders homecoming football game, a library event for clay haunted houses, and the HeightsNext cleanup. She challenged residents to clean their storm drains. Councilmember Spriggs mentioned that he attended last week’s work session, the special assessment meeting, and Library Board meeting. He listened to the School Board candidate forum and reminded residents that early voting is opened for the School Board position and a proposed School Board levy. He attended a webinar through the National League of Cities. He noted October is Breast Cancer Awareness Month and Pedestrian Safety Month. He explained he is working on a letter to MnDOT regarding the safety on Central Avenue. He added that he will be speaking at the upcoming School Board meeting about a City Council update. Councilmember Jacobs stated she attended the work session, three public hearings, and the Fire Department’s burn. She added that she continues to maintain her drains and bus stops. She acknowledged October as Breast Cancer Awareness Month and honored Charlotte Haley who started a grass roots movement and making peach colored ribbons to raise awareness for breast cancer. She sent her thoughts and prayers to those who were fighting breast cancer and congratulated all those who survived. Mayor Márquez Simula noted that she was in Poland for the last few weeks and missed some meetings. She thanked the Council President, Councilmember Buesgens, for running the meetings. She attended the flag retiring ceremony at the VFW, the recycling anniversary with Kiwanis, a Youth Commission meeting, and Blooming Sunshine Garden with the Daughters of American Revolution. She added that she attended the Parks and Recreation meeting, the Council Corner, and meeting. She was interviewed by a Bloomberg News about the Mayor’s Monarch pledge. She stated she attended the new discussing race and racism class at the library, the fall street clean-up with Councilmember James, and Sister City social. Report of the City Manager Interim City Manager Hansen stated that it helps the Public Works Department when community members adopt a drain and clean the drains. The Fire Department will be having an open house on Saturday from 11 am to 2 pm at the Public Safety building. Truck or Treat will be on Saturday, October 28, from 1-4 pm at Huset Park. Interim City Manager Hansen noted there are some changes with winter parking. The changes are on the City’s social media pages and webpage. The goal is to narrow the window on when the parking ban is in place. It originally ran from November 1 until the end of March. The changes include shortening the window by four weeks and will go from November 15 until March 15. If there are three inches or more of snow, there is no parking on City streets until the streets are plowed. City of Columbia Heights MINUTES October 09, 2023 City Council Meeting Page 10 Mayor Márquez Simula added that HeightsNext has a new event called Spooktacular. It is a jack-o- lantern walk through Kordiak Park and will be held on October 20, 2023 from 4:30-7:30 pm. Information can be found online when searching for Spooktacular. Councilmembers Jacobs asked if the tag and tow would be in effect during the winter parking ban and noted that some residents have reached out expressing concern that it is not upheld to their liking. Interim City Manager Hansen replied that the Police Department would like to work with people but at the end of the day, towing vehicles is necessary so Public Works can do their job of plowing. Police Chief Austin added that their role is to support the role of Public Works during the snow season. They try to do that with minimum impact on the residents. Councilmember Buesgens asked if the parking ramp would be available for people to park in again. Interim City Manager Hansen replied that it would be available. COMMUNITY FORUM ADJOURNMENT Motion by Councilmember Jacobs, seconded by Councilmember Spriggs, to adjourn. All Ayes, Motion Carried 5-0. Meeting adjourned at 7:18 pm. Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary * Minutes were amended on 10/23/2023. Commissioner James proposed a motion to correct the minutes related to Item A, the motion was seconded by Councilmember Jacobs. All Ayes, Motion Carried 5-0.