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HomeMy WebLinkAbout05-13-2024 City Council Meeting 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, 3989 Central Ave NE Monday, May 13, 2024 6:00 PM MINUTES The following are the minutes for the Meeting of the City Council held at 6:00 pm on Monday, May 13, 2024, 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 6:04 pm. Present: Mayor Márquez Simula; Councilmember Buesgens; Councilmember Jacobs; Councilmember James Absent: Councilmember Spriggs Also Present: Andrew Boucher, City Planner; Aaron Chirpich, Community Development Director/ Assistant City Manager; Mitchell Forney, Community Development Coordinator; Kevin Hansen, Interim City Manager; Sara Ion, City Clerk; Scott Lepak, City Attorney; Kathy Cooper, City resident; Laurel Deneen, City resident; Alexandra Giler Aquilar, City Resident; Angela Montero, City Resident; Jose Narzaez, City resident; Dirk Schmitz, City resident; Rachel Yenko-Martinka, Property owner 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 The Pledge of Allegiance to the Flag: "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." APPROVAL OF AGENDA Motion by Councilmember Jacobs, seconded by Councilmember James, to approve the Agenda as presented. All Ayes, Motion Carried 4-0. CONSENT AGENDA Motion by Councilmember James, seconded by Councilmember Jacobs, to approve the Consent Agenda as presented. All Ayes, Motion Carried 4-0. 1. Approve the April 22, 2024 City Council Meeting Minutes. MOTION: Move to approve the April 22, 2024 City Council Meeting minutes. City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 2 2. Accept July 5, 2023 Planning Commission Meeting Minutes. MOTION: Move to accept the July 5, 2023 Planning Commission Meeting minutes. 3. Accept October 24, 2023 Planning Commission Meeting Minutes. MOTION: Move to accept the October 24, 2023 Planning Commission Meeting minutes. 4. Accept the February 6, 2024 Planning Commission Meeting Minutes. MOTION: Move to accept the February 6, 2024 Planning Commissioning Meeting minutes. 5. Accept the April 2, 2024 Planning Commission Meeting Minutes. MOTION: Move to accept the April 2, 2024 Planning Commission Meeting minutes. 6. Accept March 12, 2024 Sustainability Commission Minutes. MOTION: Move to accept the March 12, 2024 Sustainability Commission minutes. 7. Amending the Community Development Fee Schedule to Add Time of Sale Inspections. MOTION: Move to waive the reading of Resolution 2024-32, there being ample copies available to the public. MOTION: Move to approve Resolution 2024-32, a resolution amending the 2024 Community Development fee schedule. 8. Approve Resolution 2024-40 Amending 2024 Budget (re Transfer of Funds). MOTION: Motion to waive the reading of Resolution 2024-40, being a resolution amending the 2024 budget to use certain additional revenue, there being ample copies available to the public. MOTION: Motion to adopt Resolution 2024-40 being a Resolution amending the 2024 budget to use certain additional revenue. 9. Adopt Resolution 2024-43 Accepting State IIJA Match Funding Grant Agreement For Safe Streets For All Citywide Safety Action Plan Development. MOTION: Move to waive the reading of Resolution 2024-43, there being ample copies available to the public. MOTION: Move to adopt Resolution 2024-43, being a resolution accepting MnDOT IIJA Discretionary Match Program grant funding in the amount of up to $48,000 in state funding to be used towards the match requirements of the federal SS4A program. 10. Award of Professional Services for Construction Surveying and Staking for 2024 Concrete Alley Construction Project. MOTION: Move to approve the proposal for Construction Surveying and Staking for 2024 Concrete Alley Construction with Bolton & Menk, Inc. for an estimated cost of $18,300.00 appropriated from Fund 415.6400.43050.2406. 11. Annual declaration that the City of Columbia Heights does not waive the monetary limits on the Municipal Tort Liability under Minnesota Statues, Section 466.04. MOTION: Move to declare that the City of Columbia Heights does not waive the monetary limits on the Municipal Tort Liability under Minnesota Statues, Section 466.04. City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 3 12. License Agenda. MOTION: Move to approve the items as listed on the business license agenda for May 13th, 2024, as presented. 13. Rental Occupancy Licenses for Approval. MOTION: Move to approve the items listed for rental housing license applications for May 13, 2024, in that they have met the requirements of the Property Maintenance Code. 14. Review of Bills. MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list to claims paid by check and by electronic funds transfer in the amount of $2,324,614.98. PUBLIC HEARINGS 15. First Reading of Ordinance 1698, Creating a Housing Trust Fund Within the City of Columbia Heights, and Designating the EDA as the Fund’s Administrator. Community Development Coordinator Forney noted that Ordinance 1698 would create a Housing Trust Fund within the City and designate the EDA as the Fund’s administrator. During the 2023 legislative session, the Minnesota legislature passed an omnibus housing finance bill (HF2335/SF 2566). The bill earmarked millions of dollars for a variety of agencies and programs dedicated to the current issues in the housing market. Article 5 of the bill established the metropolitan region sales and use tax. This tax required the Metropolitan Council to impose a metro sales tax of 0.25% on sales made in the metropolitan counties or to a destination in the metropolitan counties. Funds received from the tax are distributed: 25% to the State’s rental assistance program, 25% to the metropolitan city aid account, and 50% to the metropolitan county aid account. Community Development Coordinator Forney stated the metropolitan city account disburses local affordable housing aid to cities via distribution factors. Calculations made as of June 30th 2023, expect Columbia Heights to receive $260,089 annually. These numbers are preliminary, and the City will not know how much it is set to receive until the funds are released in June or July. These funds must be used for affordable housing initiatives or projects and must qualify under the law. State law also establishes that all funds must be spent on qualifying projects by December 31 of the third year after the aid was received. This requirement can be bypassed if: the city can prove that by no fault of its own it could not expend all the funds, the city places the received funds into a housing trust fund, and the funds used from the trust fund go to qualified projects. Community Development Coordinator Forney explained that cities can put the funds into a housing trust fund which would prove the city has “spent” the funds. This allows cities more time to distribute the funds on qualifying projects. Community Development Coordinator Forney mentioned that the Minnesota Housing Finance Agency (MHFA) also received $4,800,000 money from 2023 legislative session for their Local Housing Trust Fund Grants. The Local Housing Trust Fund Grant program is City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 4 stricter than the affordable housing sales tax funds, but Staff see the local housing trust funds purpose as a tool to develop and maintain affordable housing. This also opens the fund for application to the Local Housing Trust Fund Grants. The EDA will discuss applying to the grant program after establishment of the fund. Ordinance 1698 also designates the EDA as the administrator of the fund. The City’s HRA has delegated its powers to the EDA making the EDA best suited to administer the programs and projects the fund will be used for. In the past the EDA has established and administered the City’s housing initiatives. Mayor Márquez Simula opened the public hearing. There were no public comments. Motion by Councilmember Buesgens, seconded by Councilmember James, to close the hearing and waive the reading of Ordinance No. 1698, there being ample copies available to the public. All Ayes, Motion Carried 4-0. Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to set the second reading of Ordinance No. 1698, being an ordinance establishing a Housing Trust Fund, and designating the Columbia Heights Economic Development Authority as the administrator of the fund, for May 28th, 2024, at approximately 6:00 p.m. in the Council Chambers. Councilmember James expressed her excitement over how the money would be spent. She added that the City is looking to create new projects as well as work on affordability and fixing the aging housing stock. Mayor Márquez Simula added that she is grateful that the City can be creative in the projects. All Ayes, Motion Carried 4-0. ITEMS FOR CONSIDERATION 16. Consideration of a Rental License Exemption for 3857 Quincy Street NE. City Planner Boucher stated on April 17, 2024, the owner of 3857 Quincy Street NE, reached out to the Community Development Department requesting an exemption from the single-family rental density cap. The property is located on Block 143 with six (6) single family rentals out of 38 total single-family units and an allotment of four (4) single family rentals. Section 1 of Ordinance 1685, which established the single-family rental density cap, states that: “If the number of detached single-family dwellings rental properties meets or exceeds the permitted number of rental properties per defined block on the effective date of the ordinance from which this section is derived, a property owner may request a temporary license to allow an additional rental property for that block. The City Council may grant or deny a temporary license in its sole discretion. Persons requesting a temporary license must make an annual application to the City. No property owner shall hold a temporary rental license for the same property for more than two consecutive years.” City Planner Boucher mentioned as it is the homeowners’ right to appeal to the Council. Staff brought forth the appeal along with supporting documents for discussion and review. If approved, Resolution 2024-034 would grant a temporary rental license exemption to the City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 5 homeowner with a few additional requirements. The homeowner is required to complete the license application process within 3 months from the passage of the resolution. This puts a limit on how long they can take to bring the house into rental compliance if needed. The temporary rental license will be valid for one year from the date that the license is approved. This provides the homeowner and tenant the ability to rent the home for a full one-year lease. After the term of the temporary license, the persons requesting a temporary license must make an annual application to the City. No property owner shall hold a temporary rental license for the same property for more than two consecutive years. Staff recommends to deny the application. Motion by Councilmember Jacobs, seconded by Councilmember Buesgens, to waive the reading of Resolution 2024-034, there being ample copies available to the public. All Ayes, Motion Carried 4-0. Motion by Councilmember Jacobs, seconded by Councilmember Buesgens, to deny Resolution 2024-034, being a Resolution of the City Council of the City of Columbia Heights approving the single-family rental exemption request for the rental application at 3857 Quincy Street NE, Columbia Heights, MN 55421 based on the applicant’s inability to produce documents requested at the April 22, 2024 City Council meeting. All Ayes, Motion Carried 4-0. 17. Consideration of a Rental License Exemption for 4314 7th Street NE. City Planner Boucher explained that on May 1, 2024, the owner of 4314 7th Street NE, reached out to the Community Development Department requesting an exemption from the single-family rental density cap. The property is located on Block 70 with four (4) single family rentals out of 23 total single-family units and an allotment of two (2) single family rentals. The property owner will not be residing on the property. Councilmember Jacobs asked if it was an income property. City Planner Boucher replied that it would be and the property owner would be renting it out to a friend that will be the property manager. Councilmember Jacobs asked if it would be a homestead. City Planner Boucher replied that it would be. Rachel Yenko-Martinka, property owner, explained that she has to partially travel for work which is why she would not be able to reside in the home. In addition, having someone rent the property would allow her to pay for the mortgage while she is away for work. She added that she hopes to find a job that would allow her to build roots in the City. Councilmember Jacobs asked Ms. Yenko-Martinka if the home would be her primary residence. Ms. Yenko-Martinka replied that it would be. Councilmember Jacobs asked if she could have roommates instead of having a rental property. Ms. Yenko-Martinka explained that it would be helpful to have the door open for a rental property so she would be able to protect herself and the renters since she might not personally know who is residing in the home. City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 6 Councilmember Jacobs asked Ms. Yenko-Martinka if there was someone available to live in the home. Ms. Yenko-Martinka explained that if the rental license is approved, then she has someone that would be able to move in. Councilmember Jacobs asked if that could qualify as a roommate. Ms. Yenko-Martinka explained that she would like the ability to rent out her room while she is traveling for work. City Planner Boucher added that the plan would be for Ms. Yenko-Martinka’s friend to be the primary tenant, resident, and property manager. Mayor Márquez Simula asked Ms. Yenko-Martinka if she was hoping to rent out her room month to month. Ms. Yenko-Martinka replied that she was hoping to do that. Councilmember Buesgens explained that if Ms. Yenko-Martinka received approval of the license, she would have to file as non-homestead and would have to pay higher taxes as a landlord. Mayor Márquez Simula asked when the property was purchased. Ms. Yenko-Martinka replied that she closed on the property in December. Councilmember Jacobs asked Ms. Yenko-Martinka if she was traveling as much for work during the time she was purchasing the home. Ms. Yenko-Martinka replied that she was and has the intention of changing jobs. Councilmember Jacobs noted that the job change has not occurred yet. She encouraged Ms. Yenko-Martinka to put things in place that may affect the homestead tax and to make a decision about that before moving forward. Ms. Yenko-Martinka mentioned that if the application was approved, she would make sure to look into all of the information before moving onto the next step. Mayor Márquez Simula noted if the rental license was granted, there is a time limit on how long the property can be rented for and after two years, Ms. Yenko-Martinka would need to live on the property. Councilmember James mentioned that she is in favor of the exemption. Motion by Councilmember James, seconded by Councilmember Buesgens, to waive the reading of Resolution 2024-038, there being ample copies available to the public. All Ayes, Motion Carried 4-0. Motion by Councilmember James, seconded by Councilmember Buesgens, to adopt Resolution 2024-038, being a Resolution of the City Council of the City of Columbia Heights approving the single-family rental exemption request for the rental application at 4314 7th Street NE, Columbia Heights, MN 55421. All Ayes, Motion Carried 4-0. 18. Consideration of a Rental License Exemption for 4356 Quincy Street NE. City Planner Boucher stated on April 28, 2024, the owner of 4356 Quincy Street NE, reached out to the Community Development Department requesting an exemption from the single-family rental density cap. The property is located on Block 123 with three (3) City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 7 single family rentals out of 20 total single-family units and an allotment of two (2) single family rentals. Councilmember Buesgens noted in the application it mentions that a tenant was moved from 4205 Quincy Street NE to 4356 Quincy Street NE in September. She asked if the applicant had a rental license during that time. Councilmember James noted in the applicant’s email, it states that the property owner is looking to sell the property to the current occupant of the home which means that someone other than the property owner is occupying the home at this time. Councilmember Buesgens added that someone is living there as a tenant and not a roommate without a rental license. City Planner Boucher explained that the property owner currently has a rental license for the 4205 Quincy Street NE property but not for the 4356 Quincy Street NE property. Mayor Márquez Simula mentioned that the applicants email indicates that a tenant was moved to the 4356 Quincy Street NE property while the property owner did not have a rental license. City Planner Boucher noted that the rental license for 4356 Quincy Street NE expired on April 30. 2024. Councilmember Buesgens asked if the property owner did not get the applicant in time for the 30 days to roll over the rental license. Community Development Coordinator Forney explained that the Ordinance states that if a single-family rental is sold, it lapses and it is required to re-enter the rental license process. Councilmember Buesgens asked if the home was purchased as an investment property. Community Development Coordinator Forney replied that it was purchased as an investment property as an LLC. The property owner did not do his homework on if the license would transfer as an LLC. Councilmember James noted that the applicant reached out to the City on April 25, 2024 which was before the rental license lapsed. She added that the property owner may not have been collecting rent illegally. Mayor Márquez Simula asked if the property owner wanted the rental license until the new owner can afford the down payment. City Planner Boucher replied that was correct and the new owner would have a minimum of the one year period. There would be an ability to apply for the rental license for an additional year. The applicant has the intentional to transfer the property to the current occupant. Councilmember Jacobs expressed her concern that the applicant purchased the home as an income property, he was not present at the City Council meeting, and that he moved someone into the property as a tenant. City Planner Boucher explained that the applicant reached out to the City before the license was expired. Councilmember Jacobs explained that the rental license stopped when the property was purchased in September 2023. It was not until the rental license renewal was due in April when it was caught that there was no rental license on the property. She asked if there was no rental license on the property from September until April. City Planner Boucher replied that that was correct. Councilmember Jacobs noted that there are other options such as City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 8 contract for deed, or keep the tenant in the property that had a rental license on it. She mentioned that she would be troubled to approve the rental license. Motion by Councilmember James, seconded by Councilmember Buesgens, to waive the reading of Resolution 2024-039, there being ample copies available to the public. All Ayes, Motion Carried 4-0. Motion by Councilmember James, seconded by Councilmember Jacobs, to adopt Resolution 2024-039, being a Resolution of the City Council of the City of Columbia Heights approving the single-family rental exemption request for the rental application at 4356 Quincy Street NE, Columbia Heights, MN 55421. All Nays, Motion Failed 0-4. Ordinances and Resolutions 19. Temporary Protected Status Resolution. Councilmember James explained that the Temporary Protected Status Resolution is an opportunity for the City to call on the U.S. Department of Homeland Security to add the Country of Ecuador to the list of the other 16 nations that already receive temporary protection status. This would allow an opportunity for those who come from Ecuador going through the immigration system to receive work permits and be free from deportation while they wait for their court date. Minnesota has received many immigrants from Ecuador. Councilmember James read Resolution 2021-41. Jose Narvaez, City resident, stated he has lived in Columbia Heights for more than 30 years. He explained that he has not been able to retire because he is undocumented. He has considered returning to Ecuador many times but due to the instability in Ecuador, he has remained in the United States of America. He asked the community for their support. Alexandra Giler Aquilar, City resident explained that she had to flee from Ecuador because she sent someone to jail for molesting her daughter. Due to the jail in Ecuador, they sent people to harass her and her family. The people running jails in Ecuador are very powerful and it is not safe. She added that she hoped the Resolution would go through so that she could be safe here. Mayor Márquez Simula mentioned that the speakers were brave and belong to the City. She thanked Councilmember James for bringing the Resolution to the Council work session. She added that WCCO has done a video on the Columbia Heights school districts on how the district is embracing new residents. She encouraged the community watch it by googling WCCO Columbia Heights Spanish Speaking. Motion by Councilmember James, seconded by Councilmember Jacobs, to read and approve Resolution 2024-41, being a Resolution of the City Council of the City of Columbia Heights calling for temporary protected status for Ecuadorian Immigrants. All Ayes, Motion Carried 4-0. City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 9 20. Minor Subdivision for 5085 Central Avenue NE. City Planner Boucher stated the Architects Partnership, LTD on behalf of Chase Bank and La Casita, has requested approval of a Minor Subdivision proposing to split a portion of the La Casita parking lot into two separate parcels and in preparation of construction of a new 3,365 square foot banking facility with a drive-thru ATM on the proposed parcel located at 5085 Central Avenue NE (between 51st Ave/CT NE and Central Avenue NE). City Planner Boucher noted the applicant is proposing to subdivide the existing 1.67 acre parcel and remove 52 of the 135 parking spaces on-site to create two separate lots. The subject site is located at the northern end of the municipal boundary along Central Avenue and the surrounding adjacent properties are all zoned for Commercial use through the General Business District; further to the south, east, and west of those commercial properties are pockets of multi-family, duplexes, and single-family residential zoning adjacent to Central Avenue. The subject site is zoned, General Business District, and the use as a financial institution with a drive-thru ATM is permitted use in the district subject to Specific Development Standards 9.107 (18) for a drive-up facility. City Planner Boucher explained the proposed subdivision would reduce the required parking for the restaurant to 83 parking spaces which is below the minimum requirements of 91 parking spaces for the restaurant, a deficit of 8 spaces. A total of 11 parking spaces are required for the financial institution, one (1) per 300 gross floor area; the applicant is proposing 14 parking spaces creating a combined deficit of 5 spaces. A shared parking agreement is a necessary condition of approval subject to approval by the City Attorney and filed with the Anoka County Recorder’s Office within 60 days after approval of the shared parking use to ensure that both uses have compliant parking. As conditioned, the proposed minor subdivision meets subdivision regulations in accordance with City Code. City Planner Boucher mentioned that as part of the code analysis, the lot area, width, building and parking setback requirements per 9.100.C and subdivision regulations per 9.116 of the Zoning Ordinance have been satisfied. City Planner Boucher reviewed the findings of fact. Section 9.104 (K) of the Zoning Code outlines specific conditions for the City Council to approve a minor subdivision as follows: 1. The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in two conforming lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. No vacation of existing easements will occur as a result of the minor subdivision. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. Both newly created lots will conform to the lot width and lot area requirements of the applicable GBGeneral Business zoning designation. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 10 The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. The subject property has not previously been subdivided via a minor subdivision process. 6. The proposed subdivision does not hinder the conveyance of land. The proposed subdivision will not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. The proposed subdivision is not expected to hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all the design standards specified in Section 9.116. As a condition of minor subdivision approval, all applicable design standards of Section 9.116 of the Zoning ordinance must be satisfied. City Planner Boucher noted that Staff have coordinated with the City Engineer and the Fire Department. The Staff review finds that the proposed Minor Subdivision application meets the requirements of the Zoning Ordinance as conditioned: 1. A shared parking agreement between La Casita and Chase Bank shall be proposed and subject to approval by the City Attorney and filed with the Anoka County Recorder’s Office within 60 days after approval of the shared parking use to ensure that both uses have compliant parking. 2. The applicant shall be responsible for filing the approved subdivision with the Anoka County Recorder’s Office. The approved minor subdivision shall become invalid if the subdivision is not filed with the Anoka County Recorder’s Office within one year of the date of City Council Approval. 3. The applicant shall adhere to the requirements and comments provided by the City Public Works and Engineering Departments in a memo dated April 17, 2024. The applicant is responsible for filing and recording any proposed easements with Anoka County Recorder’s Office. 4. A cross access easement for vehicular movement is required to be filed and recorded with Anoka County Recorder’s Office to provide access perpetually for all current and future owners. Councilmember Buesgens asked what the history was on how La Casita and Chase began discussions. City Planner Boucher replied that he does not know how discussion began but Chase pursued La Casita and that they came to an agreement together. Councilmember Buesgens noted that she is not concerned with the parking. City Planner Boucher agreed and added that the peak hours for both businesses occur at different times. City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 11 Mayor Márquez Simula agreed and noted that many people pick up to go orders from restaurants now. Councilmember James expressed her excitement at seeing development on Central Avenue. She noted that the Planning Commission voted 7-0 to approve and that she trusts the Planning Commission members. City Planner Boucher noted that the project is zoned as Opportunity in the Comprehensive Plan. Mayor Márquez Simula noted that the project is an opportunity for landscaping development. City Planner Boucher added that the developer is proposing to reduce about 2,000 square feet of impervious surface as well as proposing to keep some trees and plant additional ones. He mentioned that they are committed to sustainability. Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to waive the reading of Resolution 2024-036, there being ample copies available to the public. All Ayes, Motion Carried 4-0. Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to approve Resolution 2024-036, being a Resolution of the City Council of the City of Columbia Heights approving a Minor Subdivision for the property located at 5085 Central Avenue NE, within the City of Columbia Heights, Minnesota, subject to certain conditions stated in the resolution. All Ayes, Motion Carried 4-0. 21. First Reading of Ordinance No. 1696, an Ordinance amending Chapter 9.106 General Development Standards (M) to establish Tree Preservation and Planting Standards. City Planner Boucher explained at the April work session, City Council discussed a potential amendment to City Code 9.106 General Development Standards in relation to amending Landscape and Screening Requirements to include Tree Preservation and Planting Standards and directed the City Planner and Urban Forester to prepare a zoning text amendment for the May 7, 2024 Planning Commission meeting. Tree preservation ordinances were examined by peer-reviewing other cities such as Fridley, New Hope, Shakopee, St. Anthony’s Village, Maple Grove, and Minneapolis for key components. Fridley, St. Anthony’s Village, and Minneapolis do not have tree preservation ordinances. Additionally, Staff have consulted with the League of Minnesota Cities and the City Forester for their guidance on what a model ordinance should include. City Planner Boucher mentioned that Staff felt that it was necessary to mend the existing ordinance to establish a process to include the City Forester in development review and adopt standards aligned with industry and agency best practices as well as reflecting the securities and letter of credit language seen across the municipalities. The current Ordinance does not reflect the most up to date information, standards or processes that ensure successfully mature tree canopies or preservation of the existing canopy. City Planner Boucher stated the 6th U.S. Circuit Court of Appeals in F.P. Development, LLC vs. Charter Township of Canton, Michigan found that, Canton’s ordinance classification of certain trees as “significant trees”, created permitting requirements, restricted tree City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 12 removal, and required mitigation for removal. A property owner that removed trees was required to either pay into a town fund or replant trees; the town enforced action against a developer that removed 159 trees and argued that, under the ordinance, the developer had to replant trees or pay the town approximately $50,000. The 6th Circuit found that the ordinance violated the Fifth Amendment’s “unconstitutional conditions” doctrine, if a permit is conditioned on the waiver of constitutional rights, then the local government permitting may be found unconstitutional. Local governments may choose whether and how a permit applicant mitigates developmental impacts, but they must establish an “essential nexus and rough proportionality to those impacts” and “make some sort of individualized determination that the required mitigation is related both in nature and extent to the impact of the proposed development.” City Planner Boucher reviewed the required findings for the zoning text amendment. 1. The amendment is consistent with the Comprehensive Plan 2. The amendment is in the public interest and is not solely for the benefit of a single property owner 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property are compatible with the proposed zoning classification. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. Councilmember Buesgens explained that she is in favor of the Ordinance. She clarified that the Ordinance does not apply to residential properties. City Planner Boucher replied that it does apply to residential properties. It applies to everything that requires a survey. Councilmember Buesgens noted that during the Planning Commission meeting, a resident mentioned that they were sad that their neighbor cut down all of their trees so that they did not have to deal with the leaves. She suggested that Staff consider having an educational pamphlet to educate the community about the importance of trees. Mayor Márquez Simula added that it could be helpful to include how various trees drop their leaves so home owners can know what type of tree they would prefer. Councilmember James mentioned that she has spoken with quite a few community members about the Ordinance. Many are in favor of the Ordinance while others have questions regarding if a tree is in the way of a house and being able to remove and replant a tree. She asked where people can go if they have detailed questions. City Planner Boucher replied that it would apply to trees that are within 10 feet of the building footprint and are identified as protected trees. Questions can go to the City Forester. City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 13 Councilmember Jacobs asked if the Ordinance addressed any diseased trees on properties. City Planner Boucher replied that there is a section that addresses how to remove diseased trees. Mayor Márquez Simula mentioned that this is case-by-case and the goal is not to stop someone from developing a space. The goal is more to avoid someone from clearing all of the trees on a property where trees could have been saved. She added that the City desires to work with people. She mentioned that the City values trees and is a Tree City. Motion by Councilmember Jacobs, seconded by Councilmember James, to waive the reading of Ordinance No. 1696, there being ample copies available to the public. All Ayes, Motion Carried 4-0. Motion by Councilmember Jacobs, seconded by Councilmember Buesgens, to set the second reading of Ordinance Amendment No. 1696, an Ordinance amending chapter 9.106 General Development Standards (M) of the City Code of 2005 to establish Tree Preservation and Planting Standards, for May 28, 2024. All Ayes, Motion Carried 4-0. 22. First Reading of Ordinance No. 1697, an Ordinance amending Chapter 9.107 Specific Development Standards (16) Day Care Centers. City Planner Boucher explained that JDA Design Architects, Inc. representing Mohamed Abdulle has requested approval of a Zoning Ordinance Amendment to amend Specific Development Standards in City Code 9.107 for Day Care Centers. The applicant is proposing to modify (16)(c): a requirement for child day care centers to provide at least 75 sq. ft. of outdoor play area for each child under care to allow for the submission of a written plan to use an adjacent public park to satisfy this requirement subject to approval by the City Manager or their designee. The proposed text amendment would make the City Code less restrictive and bring local requirements into alignment with MN State Statute 9502.0425 (Physical Environment) which allows day cares to use public parks if the on-site play areas are not sufficient. City Planner Boucher stated that Staff have worked with the owner of 2201 37th Avenue NE, a block south of Prestemon Park, on a proposed child day care center building permit application through administrative review under the current code requirements providing a 2,700 sq. ft. on-site play area as well as on the proposed zoning text amendment which would allow the applicant to serve a greater number of children. The proposed zoning text amendment changes the child day care outdoor play area language to reflect the standards that allow adult day care facilities to use an adjacent park subject to approval of a written plan reviewed by the City Manager or their designee. The applicant is prepared to move forward with building the on-site play area, but that would limit the occupancy of the day care center; whereas, if the zoning text amendment were approved, then they would be able to increase their occupancy. City Planner Boucher mentioned that Staff examined existing day care facilities and their outdoor play areas, zoning districts that allow child and adult day care facilities as uses, and identifying parks that would be within the 1,500-foot distance from any commercially City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 14 zoned properties to better understand the impact of the proposed zoning text amendment. There are approximately 11 existing day care centers that the amendment would apply to, but each of these centers appears to provide on-site play areas or are on a site, such as a place of worship or school facility, that has those facilities readily available. Existing day care centers would be able to expand their operations if their occupancy is currently limited by the on-site play area, but this amendment would likely be more applicable to future day care centers. City Planner Boucher stated Staff also examined the city code requirements of Andover, Big Lake, Maple Grove, Minneapolis, Minnetonka, Richfield, Roseville, and Saint Paul to better understand how cities are regulating day care facilities in relation to MN State Statute 9502.0425. Cities such as Andover, Richfield, and Roseville do not have specific development standards for day care centers and adhere to the state requirements. Big Lake, Maple Grove, and Saint Paul require play areas for day cares to be enclosed with a fence. Minneapolis allows for public parks to be used accessory to a childcare center. City Planner Boucher noted that the proposed zoning text amendment would not be applicable to every City park, only City parks that are within 1,500 feet of a commercially zoned property where a future child day care center could propose a written plan to use one of the parks. The remaining parks are either outside the distance allowed for a day care to use the park or do not have any commercial zones where a child day care center would be allowed. The parks that were identified and property owners within 350 feet of the identified parks were sent a notice of the Public Hearing are: • Edgemoor Park • Gauvitte Park • Huset Park • Labelle Park • Prestemon Park • Sullivan Lake Park City Planner Boucher reviewed the required findings for the zoning text amendment. 1. The amendment is consistent with the comprehensive plan. The City’s 2040 Comprehensive Plan identifies establishing and maintaining a strong sense of community, strengthening the identity and image of the community as a desirable place to live, work, and play, and promoting the safety of residents and ensure a safe environment for pedestrians, bicyclists, and other vulnerable roadway users as some of the land use goals and policies. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner The amendment is in the public interest and not solely for the benefit of a single property owner as the property owner has demonstrated a willingness to comply with the current code requirements and this has been a barrier to entry for numerous perspective day care providers to the extent that a previous zoning text City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 15 amendment was approved for adult day care facilities. The proposed amendment will allow for more child care capacity and remove a barrier to entry for future day care providers while also providing the City with greater understanding how public parks are being used. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment is not to change the zoning classification of a particular property and the existing use is compatible with the general area of the property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The amendment is not to change the zoning classification of a particular property. City Planner Boucher explained that the Public Works Department, Police Department, and Fire Department have been provided copies of the application materials and had no concerns regarding the amendment to allow child day care facilities to use a public park in lieu of an on-site play area. The Building Official provided a memorandum of understanding regarding accessible playground equipment at day care facilities. The City Attorney does not have any concerns regarding liability as these businesses are required to carry appropriate insurance to cover any potential damages. Furthermore, there does not appear to be an ability for the City to require a waiver of liability. City Planner Boucher mentioned that it is the opinion of Staff that the proposed zoning text amendment, as presented, is consistent with the 2040 Comprehensive Plan and would bring City Code requirements in alignment with MN State Statute 9502.0425 governing the physical environments of day care facilities. The proposed text amendment is identical to a previous zoning ordinance amendment from 2017 that was approved by City Council and the requirement of an approved written plan will benefit providers as well as the City to ensure that public access of the parks is not compromised. City Planner Boucher noted in this regard, the following Zoning Ordinance modification to City Code 9.107 Specific Development Standards is recommended by Staff and is highlighted in red: 1. The existing specific development standards for Day Care Centers shall be amended to include additional language for “child day care facilities” that specifies that if a subject property does not have sufficient outdoor play area on-site, then the property owner must submit a written proposal that demonstrates that recreational activities for adults under the facility’s care will be provided off-site subject to approval or denial by the City Manager or their designee. City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 16 (C) Specific development standards. The following uses are subject to specific development standards: (16) Day care center (c) For child day care facilities, at least 75 square feet of outdoor play area shall be provided for each child under care. If there is not sufficient space for an outdoor play area on-site, then the property owner must submit a written proposal that demonstrates recreational activities for children under the facility’s care will be provided off-site within 1,500 feet of the facility. Councilmember Buesgens noted that she attended the Planning Commission meeting as the City Council liaison and learned that there are 15 day care centers in the City at this time. There were people in attendance that were both in favor and against this Ordinance. Those that were against the Ordinance had concerns regarding liability and the number of children being brought to a park. Notices were sent to about 1,000 residents. She asked if there were restrooms at the parks for the children. Interim City Manager Hansen replied that there are portable restrooms at the parks. Councilmember Buesgens asked if they were near the playground since that is where children would be playing. City Manager Hansen replied that he did not know where each restroom was located at each park and agreed with Councilmember Buesgens concerns regarding restroom placement. Councilmember Buesgens asked if the City would be amenable to offering if the Ordinance passed. Interim City Manager Hansen replied that the City would be. Councilmember James asked City Planner Boucher to share more about how schools may use the public parks. City Planner Boucher replied that there is a section in the State Code reference that allows schools to use public recreational facilities such as parks. Councilmember Jacobs explained that she does not have an issue with adult day care use but has some concerns with child day care using the facilities such as getting the children to and from the park. She noted that the Building Official recommends to keep playgrounds on site of daycares and that it holds a lot of weight for that to be the recommendation. City Planner Boucher explained that a lot of those concerns are in regards to accessibility and those concerns would remain whether or not the Ordinance was passed. Councilmember Jacobs referenced the Building Official’s memo that states day cares should provide equipment that would best serve the children in their care. City Planner Boucher replied that the current applicant has a building permit and are comfortable meeting either standard. Councilmember Jacobs asked how big the daycare site was. City Planner Boucher replied that the day care would have a maximum of 37 children based on the outdoor play area. It would be a maximum of 60-61 children without the outdoor play area. Councilmember Buesgens mentioned that the residents who were in favor of the day care facility noted that the day care facility is very concerned about the children’s safety and City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 17 would not do something to jeopardize the safety of them. It is their job to come up with a plan to maintain the safety of children and they have already discussed which children would be allowed to go to the playground. City Planner Boucher explained that the City can revoke the use of the public play area to day cares if they are not following the requirements which would incentivize day cares to follow the requirements. Councilmember Jacobs stated she would abstain from the vote due to an injury her son experienced at a day care facility. Councilmember James mentioned that there is a child care shortage in the State which effects the economy since people cannot work. She added that she is hopeful that the City can increase the supply of child care and that it is a wonderful opportunity for the City. City Planner Boucher noted that the Ordinance could help Staff have a better understanding about what is happening at the parks from a maintenance and programming standpoint. Mayor Márquez Simula mentioned that it is an equity concern for new businesses by requiring additional financial costs when there is a beautiful public facility that could be used instead. She added that by having more people at the park it will make them safer as well as provide people an opportunity to spend more time in the City and learn about the community. Motion by Councilmember Buesgens, seconded by Councilmember James, to waive the reading of Ordinance No. 1697, there being ample copies available to the public. 3 Ayes, 0 Nays, 1 Abstain, Motion Carried 3-0-1. Ayes: James, Buesgens, Márquez Simula. Nays: none. Abstain: Jacobs. Motion by Councilmember Buesgens, seconded by Councilmember James, to set the second reading of Ordinance Amendment No. 1697, an Ordinance amending chapter 9.107 Specific Development Standards (16) of the City Code of 2005 to amend the on-site outdoor play area requirement for child day care centers, for May 28, 2024. Mayor Márquez Simula noted that she has read all of the letters that have been sent to the City regarding the item and understands the concerns that have been expressed. She added that she trusts the work of the Staff and believes it is a good Ordinance to move forward with. 3 Ayes, 0 Nays, 1 Abstain, Motion Carried 3-0-1. Ayes: James, Buesgens, Márquez Simula. Nays: none. Abstain: Jacobs. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Councilmember Buesgens stated she volunteered with Blooming Sunshine Garden, and the Valley View PTO. She added that she attended the Metro Cities annual meeting, the Minnesota Cities Climate City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 18 Coalition meeting, the Climate Change Updates with Betty McCollum meeting, Police Chief Lenny Austin’s retirement party, the Applebee’s fundraising event for St. Matthew’s theater program, Matt Markham’s swearing in as the new Police Chief, the high school play, the memorial for Marilyn Peters, the Arbor Day tree planting celebration, the live burn by the Fire Department, the Fiddler on the Roof performance at St. Matthew’s, the Planning Commission meeting, and a play at the Plymouth Theater with the senior program. Councilmember James mentioned that she attended many of the events that Councilmember Buesgens attended. She also attended a webinar training for councilmembers on how to reduce evictions in cities. She attended Chief Austin’s retirement party, a play, the Arbor Day tree planting celebration, a lunch meeting with the Mayor and Metropolitan Councilmember Reva Chamblis, the house burning by the Fire Department, the EDA meeting, the Council work session, the blood drive at the Public Safety building, and the soft opening for a new coffee shop opening up. Councilmember Jacobs explained that she attended the live burn by the Fire Department, the retirement party for Police Chief Austin, the oath ceremony for the new Police Chief, the tree planning celebration, the Korean exhibit at MIA to celebrate Asian Pacific American Heritage month, the Twins game to celebrate adopt a drain volunteers, and Fiddler on the Roof at St. Matthew’s. She thanked Interim City Manager Hansen for moving the chicken Ordinance forward. She acknowledged that it is police week and the fallen Officer Curt Ramsdell. Mayor Márquez Simula stated she attended Police Chief Austin’s retirement party, and the new Police Chief’s swearing in ceremony. She thanked the School District, community partners and the City Council for the community survey that provided feedback on what the community would like to see in a new Police Chief. She added that she attended the Joint Law Enforcement Committee for Anoka County (JLAC) meeting, and the Metro Cities annual meeting with Councilmember Buesgens. She spoke to a class about public service at Bethel University. In addition, she attended the Anoka County Fire Protection Council meeting, saw Wicked Little Letters at the Heights Theater, and attended the corridor planning meeting. She met with Councilmember James and Metropolitan Councilmember Reva Chamblis as well as met with past citizen of the year recipients to discuss who the recipients should be for this year. She congratulated Pizza Man for being the recipient for best Columbia Heights business of the year and noted that she delivered a plaque to the business. She spoke at the State Capitol for the Minnesota Council on Latino Affairs. She attended the Regional Council of Mayors executive team member for planning the EDA meeting, the Council work session meeting, and an operation pollination planning meeting. She expressed her excitement for the new State flag and getting the new flag into the chambers. Councilmember Buesgens mentioned that the bakery items at Fix Coffee at the Central Mix are “to die for” and encouraged people to try their baked items. City Attorney Lepak asked that the Council revisit item 22 to read the Ordinance since the City Charter requires a reading of the Ordinance if there is not a 4/5 vote to waive the reading. He read the Ordinance Amendment No. 1697, an Ordinance amending chapter 9.107 Specific Development Standards (16) of the City Code of 2005 to amend the on-site outdoor play area requirement for child day care centers, for May 28, 2024. City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 19 Report of the City Manager Interim City Manager Hansen acknowledged that Matt Markham as the new Police Chief and announced there will be a meet and greet on Tuesday at Circle Terrace Boulevard at the park from 4:00-5:30 pm. On May 17, 2024, there will be an open house by the Recreation Department at Huset Park from 5:30-7:30 pm. Pets in the Park will be held on May 18, 2024 from 1:00-4:00 at Keys Park. The Outstanding Citizen of the Year will be announced during the May 28, 2024 City Council meeting. Interim City Manager Hansen explained that the time of sale program and the fees for it were introduced and begins on May 22, 2024. Questions can go to the Community Development department. COMMUNITY FORUM Dirk Schmitz, City resident, stated something that makes Columbia Heights great is the mature trees. He noted that there are residents who are cutting down mature trees simply because they want to. He wondered if the City Forester could be involved to take inventory and make any recommendations on what trees should stay, which ones are diseased, and which ones should be trimmed of dead branches. He mentioned that he saw two people unprofessionally cut down a tree and saw branches on telephone poles. He asked if there was a way to stop this behavior. He mentioned that training for fire fighters is helpful and the money spent on it is worthwhile. Mayor Márquez Simula explained that she had the opportunity to experience part of the fire fighter training and noted how impactful it was. Councilmember Jacobs added that her father was a firefighter and has much gratitude and respect for fire fighters. Mayor Márquez Simula expressed her gratitude to Fire Chief Thompson who communicates the needs of all of the firefighters and staff members. She mentioned that the Council recently voted on using some of the ARPA funds to go towards the firefighter’s equipment. Councilmember James noted that tree service contractors are supposed to be licensed in Columbia Heights. Councilmember Buesgens added that if there are questions about if someone is a licensed contractor, community members can call the City. Laurel Deneen, City resident, stated that she is on the Planning Commission and wanted to discuss the day care concern. She noted that while some of the day care children would be from out of the City, many are residents and deserve to be experiencing the parks. She noted that there is an in-home day care on her street, and they use the park nearby frequently. A part of the licensing includes the adult- to-child ratio requirement and would be included in the parks as well. She explained that the public may believe that by passing the Ordinance it will mean that many day cares will open and crowd the parks. However, many day cares desire to have play equipment on their own property but some may have barriers on space and in that case, providing them an opportunity to use a nearby park can be helpful. She added that it is important to be equitable to new businesses in the community. City of Columbia Heights MINUTES May 13, 2024 City Council Meeting Page 20 Kathy Cooper, City resident, stated that she spoke at the City Council meeting about a month ago regarding her concerns about the Police Department not taking her reports seriously about crimes against vulnerable adults. She scheduled a meeting with Police Captain Johnston and it did not go well because he refused to watch a video entitled “Deception of Protection Anatomy of an Involuntary Guardianship” and refused to prosecute. She had hoped that the Police Department would prosecute a dangerous person who had trespassed on her property on March 14, 2024. She added that Police Captain Johnston promised her many things but has not followed through on any of them. She requested to meet with Police Chief Matt Markham but has not heard back from him. She spoke with Officer Nightingale and explained that she does not want police on her property unless they are invited. Within an hour of having that conversation, two police officers showed up on her property. She expressed her frustration and asked to have a meeting set up with Police Chief Markham. ADJOURNMENT Motion by Councilmember James, seconded by Councilmember Jacobs, to adjourn. All Ayes, Motion Carried 4-0. Meeting adjourned at 8:25 pm. Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary