HomeMy WebLinkAbout04-22-2024 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, April 22, 2024
6:00 PM
MINUTES
The following are the minutes for the Meeting of the City Council held at 6:00 pm on Monday,
April 22, 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 6:00 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; Mitch Forney, Community Development Coordinator;
Kevin Hansen, Interim City Manager; Sara Ion, City Clerk; Scott Lepak, City Attorney; Tabitha Wood,
Police Department Investigator; Neil Johnson, VFW Post Commander; Ken Schofer, District
Commander; Lucas Schilmoeller, property owner; Absaar and Anum Hadi, property owners; Laurel
Deneen, resident, Ed Higgins, resident, Ahmad Manager of Golden Nuts, and Kathy Cooper, resident.
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 A merica,
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 James, seconded by Councilmember Spriggs, to approve the Agenda as
presented. All Ayes, Motion Carried 5-0.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
Mayor Márquez Simula noted that they would switch the order of the planned items and have the
Presentation of the VFW Award to Investigator Tabitha Wood first.
B. Presentation of VFW Award to Investigator Tabitha Wood.
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Police Chief Austin explained that in November 2023, Investigator Tabitha Wood was
nominated for the VFW’s Public Servant Award, and in February 2024 the City was notified
by the State Commander of the VFW that Investigator Wood had received their Law
Enforcement Safety Award. He introduced Neil Johnson, VFW Post Commander to present
the VFW Award to Investigator Tabitha Wood.
Neil Johnson, VFW Post Commander, introduced District Commander Ken Schofer and
explained that Investigator Wood won the award at the District and then moved onto the
State, which she also won, and will now move onto Nationals. He read aloud the letter
sent by Police Chief Austin nominating Investigator Tabitha Wood for this award. He
thanked the City and the Police Department for being good partners with the VFW
throughout the years. He presented Investigator Wood with a citation in honor of the
VFW Public Servant Award.
Investigator Wood thanked the City and Police Chief Austin for their support. She stated
that she has appreciated the leadership Police Chief Austin has shown and was honored to
work under him during his time with the City. She stated that Columbia Heights was the
only placed she had applied and noted that later this year, she will have been here ten
years.
There was a round of applause for Investigator Wood.
A. United States Representative Ilhan Omar.
Mayor Márquez Simula welcomed US Representative Ilhan Oman and her staff.
Representative Omar gave an update on recent activities and accomplishments that have
taken place in both Washington D.C. and Minnesota. She noted that her office was
currently taking applications for Community Project Funding and updated the Council on
other programs her office was involved in.
Mayor Márquez Simula thanked Representative Omar for coming to speak to the Council
and noted the Council appreciates hearing the ways she has brought financial resources to
the community. She also thanked Representative Omar for her assistance with some
immigration concerns that had arisen among some residents of the City.
C. Earth Day Proclamation.
Councilmember James read the City’s proclamation aloud.
Mayor Márquez Simula proclaimed April 22, 2024 as Earth Day.
Councilmember James stated that the City has a long tradition of involvement in the
community and on Earth Day weekend, there were multiple organized clean-ups efforts,
including the Lions Club clean up of University Avenue. Also, about 82 volunteers gathered
for the Heights Next organization which partnered with other groups in order to clean up
Central Avenue and five parks. She noted that they were able to gather 42 bags of trash off
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Central Avenue. She stated that City staff had also participated in Earth Day clean up at
LaBelle Park and encouraged people to spend additional time during April cleaning up their
local areas.
Councilmember Jacobs stated that she had participated in the very first Earth Day in Illinois
and, at that time, had actually served a three-day suspension for ditching school. She
stated she was thankful that what was started so many years ago was still a recognized
day.
Mayor Márquez Simula noted that she and her husband were picking up trash bags on
Central Avenue, went over to University Avenue, and saw the Fire Department also picking
up trash along a few blocks of University Avenue.
D. Central Avenue Future Improvements.
Interim City Manager Hansen provided an overview of MnDOT’s final report findings that is
expected to be released in May. It will provide information and options on right-sizing
Central Avenue, which includes fewer lanes of traffic near Minneapolis and more lanes
near I-694, and talk about potentially adding bicycle facilities on Central Avenue. Interim
City Manager Hanson described anticipated improvements for Central Avenue and
reviewed next steps for implementing improvements and construction on Central Avenue.
It was noted that MnDOT will be sharing concept designs to the public and collecting
feedback with a goal of working towards a preferred design. Roadway design and outreach
will continue through 2025 and into 2026. He encouraged anyone who had questions to
contact the City.
Mayor Márquez Simula noted there will be some public engagement this summer but
noted MnDOT has been doing that for about the last five years and encouraged anyone
interested to get involved and give their feedback.
Councilmember Buesgens stated she was very excited about this and asked about the
$2,000,000 grant the City had received for the 43rd to 47th safety improvements and if that
was on top of the $25,000,000 MnDOT had set aside or if it would be incorporated into
that amount.
Interim City Manager Hansen stated they have not yet received the $2,000,000 and
explained the grant award was part of the MnDOT safety improvement program called
Highway Safety Improvement Program (HSIP) and the City would need to request that the
money be reappropriated to the 2028 work. He stated they basically have to ask for those
funds to be delayed until the 2028 program.
Councilmember Buesgens thanked MnDOT for dedicating $25,000,000 for this project and
reiterated her excitement about creating more safety on the streets. Mayor Márquez
Simula noted that the reasons MnDOT has said they are doing this project was for safety
and noted that their goal was zero deaths.
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CONSENT AGENDA
Mayor Márquez Simula asked if the Council could have a bit more information on items #6 and #8.
Interim City Manager Hansen reviewed the items on the Consent Agenda and provided more detail on
items #6 and #8. He explained that item #6 was to allocate the use of funds and authorize
expenditures using 2023 Public Safety Aid. He noted that in 2023, the City had received funds from the
State legislature for specific uses related to Police and Fire. He explained that this item had been
reviewed with the Council at the April Work Session and this uses part of those funds for items listed
within the packet, such as wages, wages adjustments, and needs for both Police and Fire. He noted
that item #8 was related to a Professional Services For Development of Safe Streets For All Citywide
Safety Action Plan related to engineering services. He noted this project was being funded through
two grants the City had received, one from the Federal government for planning, which covered 80% of
the costs and one through MnDOT for a supplemental grant that takes care of the City match, which
was 20% of the costs. He explained that the City had requested bids from five en gineering firms and
received two back. Staff is recommending moving forward with Bolton & Menk because they had a bit
more robust public engagement plan and their price was lower than the other firm.
Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to approve the Consent
Agenda as presented. All Ayes, Motion Carried 5-0.
1. Approve the April 8, 2024 City Council Meeting Minutes.
MOTION: Move to approve the April 8, 2024 City Council Meeting minutes.
2. Approve April 4, 2024 Public Improvement Hearing Minutes.
MOTION: Move to accept the April 4, 2024 Public Improvement Hearing Minutes.
3. Accept March 4th, 2024, Regular EDA Meeting Minutes.
MOTION: Move to accept the March 4th, 2024, EDA Meeting Minutes.
4. Approve March 12, 2024 Sustainability Commission Minutes.
MOTION: Move to accept the March 12, 2024 Sustainability Commission Minutes.
5. League of Minnesota Cities Emerging Leader Award Letter of Support for Jesse Hauf.
MOTION: Move to approve the letter of support for Jesse Hauf to be submitted for the
LMC Emerging Leader Award.
6. Allocate Use of Funds and Authorize Expenditures Using 2023 Public Safety Aid.
MOTION: Move to allocate 2023 Public Safety Aid funds in the amount of $483,899 for the
expenses as listed in the Summary of Current Status section.
MOTION: Move to authorize the purchases as outlined in the Summary of Current Status
section.
7. Accept Proposal for Professional Services for the MSC Preliminary Plans, Project No.
2111.
MOTION: Move to award the professional services contract for the preparation of a Final
Site Plan and Schematic Design, Project 2111, to the firm of Oertel Architects based upon
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their proposal dated April 16, 2024 for a not to exceed fee of $131,580, plus reimbursables,
appropriated from Fund 411-52111-3050.
8. Award Of Professional Services For Development of Safe Streets For All Citywide Safety
Action Plan.
MOTION: Move to award the Safe Streets for All Citywide Safety Action Plan development,
Municipal Project No. 2407, to the consulting engineering firm of Bolton & Menk based
upon their qualified, responsible proposal for a cost not-to-exceed $257,999 which will be
funded with federal funds, a state match, and from Fund 101.3100.43050.2407 as needed.
9. Accept Corrective Asphalt Materials Proposal For Bituminous Street Surface Treatment,
Project 2401.
MOTION: Move to accept the proposal from Corrective Asphalt Materials to apply
reclamite to select city streets, Project 2401, for an estimated cost of $46,178.40
appropriated from Funds 430.3100.45185.2401 and 212.3190.45185.2401.
10. License Agenda.
MOTION: Move to approve the items as listed on the business license agenda for April 22th
2024, as presented.
11. Rental Occupancy Licenses for Approval.
MOTION: Move to approve the items listed for rental housing license applications for April
22, 2024, in that they have met the requirements of the Property Maintenance Code.
12. Review of Bills.
MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City
Council has reviewed the enclosed list to claims paid by check and by electronic funds
transfer in the amount of $1,110,456.90.
PUBLIC HEARINGS
13. No Public Hearings.
ITEMS FOR CONSIDERATION
Ordinances and Resolutions
14. Second reading of Ordinance 1695, Creating a Time of Sale requirement Within the City
of Columbia Heights.
Community Development Director Chirpich explained that Ordinance 1695 had its first
reading at the April 8, 2024, City Council meeting, a public hearing was held for the
ordinance, and written testimony was received from the local realtors association
discussing the issue. After deliberation, the Council voted unanimously to move the
ordinance for its second reading. He gave a brief overview on the goals of the Time of Sale
requirement this would create in the City and noted if approved , it would go into effect 30
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days from now, on May 22, 2024. He stated that staff recommends the City Council waive
the second reading and adopt Ordinance 1695.
Councilmember Jacobs stated that she recognizes the necessity of being able to identify
the negligence and unpermitted repairs that have taken place within the older housing
stock, but she has had dozens of calls from residents who are against this action. She
explained their general feeling is that there may have been other methods that could have
been investigated. For example, an independent sewer inspection rather than one done
by someone who would benefit financially from this process, such as a real estate agent.
She stated that she had seen the pictures of homes, the work that has been done, and
acknowledges it is alarming that these things are happening and people are moving into
unsafe homes. She explained that she has mixed feelings about how she will move
forward on a vote, but if she votes against this ordinance, she wanted it to be clear that it
was not because she did not recognize the need.
Councilmember James stated that she has received two questions from residents. She was
aware that the City had staffing for these inspections and asked about the general timeline
for how long it would take to get an inspection and who would be doing them. She stated
the other question was related to the sewer inspection and she wanted to clarify that
there would not be corrective action required.
Community Development Coordinator Forney explained that related to the timeline, right
now, they could have an inspection scheduled for tomorrow morning with Ryan’s current
schedule. He stated that, in general, he expects inspections to be completed within 24-48
hours, prior to adding another inspector, who will focus solely on this program along with
some of the rental inspections. He stated Councilmember James was completely correct
with regard to the sewer inspections and this would not be a ‘you have to fix this’ situation,
but simply something that the buyer needs to be aware of. He noted that the sewer
inspection program would be much more widely brought about within the Twin Cities area
because the Met Council is starting to hammer down on the I&I coming in.
Councilmember James stated she had heard concerns with the timeline but she knows the
City is currently very quick with inspections and thinks that adding another inspector will
mean the timeline will not be an issue. She stated that other cities she has talked to are
also thinking about requiring the sewer inspections. She was excited for the City to have
the opportunity to help the houses be better and understands that bringing things up to
code comes at a financial cost but they do not want their residents living in unsafe
situations.
Councilmember Spriggs stated that he was in support of this program , excited for it, and
believes it will be a big step forward for the health and safety of the community. He noted
he had personal experience with this type of situation when he and his wife were looking
at homes last year and their inspection showed multiple issues that would cost over
$70,000 to address.
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Councilmember Buesgens stated that in response to the comment by Councilmember
Jacobs about there being other choices, if there had been other choices, she felt that they
would have already surfaced. She feels that the City needed to work on keeping the
homes safe for people who move into the City and it was the Council’s job to make sure
their homes are safe. She was excited about this new program.
Mayor Márquez Simula stated that has been discussed for a very long time and she trusts
that City staff has brought forward the best plan of how to address these issues. She
stated that she also supported this program.
Motion by Councilmember Buesgens, seconded by Councilmember James, to waive the
reading of Ordinance No. 1695, there being ample copies available to the public. All Ayes,
Motion Carried 5-0.
Motion by Councilmember Buesgens, seconded by Councilmember James, to adopt
Ordinance No. 1695, being an ordinance amending chapter 5a of the Columbia Heights City
Code to establish the Certificate of Property Maintenance and its associated requirements,
and amending parallel references to reflect the section change, and direct staff to send a
summary of the ordinance as presented, for publication in the legal newspaper. 4 Ayes, 1
Nay. Motion Carried 4-1. Ayes: Buesgens, James, Spriggs, and Márquez Simula. Nay:
Jacobs.
15. Consideration of a Rental License Exemption for 3806 Jackson Street NE.
City Planner Boucher explained that on April 17, 2024, the owner of 3806 Jackson 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
single-family rentals out of 38 total single-family units and an allotment of four single-
family rentals. He stated that if approved, the City would grant a temporary rental license
exemption to the homeowner with a few additional requirements. He noted that the
applicant was available via Teams if the Council would like to speak to him.
Mayor Márquez Simula noted that the Council had received the letter from Luke
Schilmoeller to the City and asked if he had anything to add for their consideration.
Mr. Schilmoeller explained he just wanted to reiterate points he made in his letter that
when he purchased the home in October of 2023 it was his primary residence along with a
few of his friends. He stated that he got married in January of 2024 and since his wife
works in Stillwater, they moved closer to her job. He explained that he had not intended to
cause a problem or not follow the rules. His goal had been to live in this property but life
and circumstances changed. He clarified that he was asking the Council to work with him,
noting he was not an investor or trying to flip the home and would like to continue to make
the community better. He explained that he did not want to essentially be punished for his
life circumstances changing and he would love for his home and the guys currently living in
it to continue to be part of the community.
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Councilmember Jacobs asked if there were currently six rentals on this block and if this
home would be seven rentals.
Community Development Director Chirpich stated there were currently five rentals on this
block and this home would be a sixth rental, but noted that the next item on the agenda is
also an exemption request on the same block.
Assistant Fire Chief O’Brien provided the Council with a historical run down of the licensing
for the property. He explained that Mr. Schilmoeller purchased the property in July of
2023 and at the time of sale, it was a rental property and licensed with the City. He stated
that the sale was prior to the rental density cap, and the license could have been
transferred to the new owner. He stated that Mr. Schilmoeller was going to live in the
home, so the license was not transferred, but staff was not aware that it was no longer a
rental property and had sent a renewal letter this spring, which is how this all came to light.
Councilmember James asked if the home had passed inspections the last time it was
licensed as a rental.
Assistant Fire Chief O’Brien stated that the property had an exterior inspection for the
license for this year and believes that it passed. He explained that the exterior inspections
are automatic for them and reiterated they were not aware that it was no longer a rental.
Councilmember James asked Mr. Schilmoeller if the intent was to continue to rent the
property to the close friends who are currently there, but he was just no longer living
there.
Mr. Schilmoeller stated that was correct.
Councilmember Spriggs stated that this item and the next on the agenda are examples of
one of the main concerns he had about passing the last ordinance. He stated the City is
aiming to prevent large corporations from coming in and buying up their single -family
homes. But, now, there have been multiple situations like this where someone has run
into some type of life situation where they need one year to rent the house and if the City
denies that he did not see what they would be moving forward in the goal of preventing
large corporations to come in. He explained that he would be voting in favor of both items
on tonight’s agenda to be exempted.
Councilmember Jacobs asked if Mr. Schilmoeller currently had renters in the home.
Mr. Schilmoeller stated that he does have renters in the home and explained they ha d
previously been his roommates before he moved out when he got married.
Councilmember Jacobs stated that in response to Councilmember Spriggs, in part, the City
wanted to limit the number of corporate landlords, but also wanted to create some kind of
cap in order to provide a quality of life, maintain properties within the neighborhood, and
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to make the properties available as affordable housing. She stated she would agree that
corporate landlords are a big issue, but thinks the purpose for this was wider than that
single goal.
Councilmember Spriggs stated he would agree the City needs affordable housing for
people to own and buy, but everyone is not at the place and time in their lives to buy. He
felt that assuming someone who is renting a home rather than owning it would have a
different quality of life is the wrong assumption.
Councilmember Buesgens asked Mr. Schilmoeller if his former roommates were paying
rent even though he had already moved out.
Mayor Márquez Simula stated that Mr. Schilmoeller had already answered that question
when Councilmember Jacobs had asked it.
Councilmember Buesgens asked if Mr. Schilmoeller was aware that he could not collect
rent until he has a rental license, if he is able to get one.
Mr. Schilmoeller explained that was part of why he wanted to be part of this meeting so he
could understand the situation and learn how he can abide by the rules. He stated that his
goal was to honor the rules in getting a rental license for the home and noted that as a
first-time home buyer he did not understand all of these details. He stated this house was
previously a rental property and explained that his goal had originally been not to ever
make it a rental property. But now that he has gotten married and moved closer to his
wife’s job, his goal is to abide by the rules. He was hoping to get grandfathered in since
this had previously been a registered rental property when he purchased it. He noted that
he was happy to pay the fees and go through the necessary inspections and assured the
Council that he was not trying to take advantage of the system. He stated he had just
turned 24 and was excited to buy his first home, but life changed, and was now asking the
City to extend him some grace in this situation and walk alongside him to help him to do it
all correctly.
Councilmember Buesgens stated the reason she had voted for this ordinance was to deal
with corporate landlords but also to increase the housing stock for homebuyers. She
understands that life circumstances can change, but she does not feel that Mr.
Schilmoeller’s circumstances meet her standard for support of the request.
Councilmember James stated in this specific case, this house was a rental in the past, had
passed inspections, has people living in it that have already been part of the community,
and the term is only for one year. She noted that part of the original goal was to look at
the big picture and this would still be a house that would eventually be on the market in
the City. She explained that in this specific instance, she was in favor of granting the
exemption. She stated she would agree with Councilmember Buesgens that until a rental
license is granted, Mr. Schilmoeller cannot receive rent.
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Mayor Márquez Simula stated that she agreed with Councilmember James.
Councilmember Jacobs stated her concern was that Ms. Schilmoeller has been collecting
rent knowing that it was an unlicensed unit and the next item on the agenda is also in the
same block and the cap for that area is four. She stated if this is approved, it would bring
the number to six and if the next item is approved, that would bring it to seven which is
almost double the cap that the City has set.
Motion by Councilmember Spriggs, seconded by Councilmember Jacobs, to waive the
reading of Resolution 2024-033, there being ample copies available to the public. All Ayes,
Motion Carried 5-0.
Motion by Councilmember Spriggs, seconded by Councilmember James, to adopt Resolution
2024-033, a resolution approving the single-family rental exemption request for the rental
application at 3806 Jackson Street NE, Columbia Heights, MN 55421. 3 Ayes, 2 Nays.
Motion Carried 3-2. Ayes: Spriggs, James, and Márquez Simula. Nays: Buesgens and
Jacobs.
16. Consideration of a Rental License Exemption for 3857 Quincy Street NE.
City Planner Boucher explained that 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 single
family rentals out of 38 total single-family units and an allotment of four single family
rentals. He noted that this residence is located on the same block as the previous agenda
item. He stated that if approved, the city would grant a temporary rental license
exemption to the homeowner with a few additional requirements. He explained that the
property owner was in attendance at the meeting.
Absaar and Anum Hadi, applicants, stated they purchased this home about six weeks ago
and were unaware of the ordinance related to a cap on rentals. He stated that during the
contract process they signed a document saying that they would not live in the house for
more than 14 days per year and their mortgage company also will not allow them to sell
the house within a year of purchase.
Councilmember Buesgens asked if Mr. Hadi could provide the City with documents that
state, in writing, that the mortgage company will not allow them to sell the prope rty within
the first year.
Mr. Hadi confirmed that he can provide that documentation.
Councilmember Buesgens stated she would need to see that before making a decision and
noted that it was not included in the packet.
Mayor Márquez Simula asked if that meant that Councilmember Buesgens wanted to table
this item until they received this documentation.
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Councilmember Buesgens stated that she would think so, depending on what the other
Councilmembers felt. She stated she had worked as a closer in the past and everything
should be in writing, noting their realtor should have informed them of this situation. But,
Mr. Hadi also should have done his own homework before they purchased the investment
property because various cities have different rules about rental properties. She clarified
that the documentation is something she would have liked to see, but she did not need it.
Councilmember Jacobs stated that she agreed with Councilmember Buesgens and would
like to see the documentation that states that Mr. Hadi cannot sell the home for one year.
She stated that related to the exemption just approved, she would see this situation as
being far more qualifying than the previous item, but reiterated this would put the block at
seven rental properties and the cap is four, which is prohibitive to her. She would also
echo Councilmember Buesgens that their realtor should have informed them of this, but it
was their responsibility to do the research and know the circumstances and rules for any
type of business they may go into. She noted that she was empathetic to their situation but
explained if this comes to a vote tonight, she could not vote in favor, even though she felt
this had a greater need than the previous exemption had shown.
Councilmember Spriggs stated that this was not how he thinks of ‘cracking down on’ in
terms of applying for rental exemptions. He stated with the exemption they can apply for
one year and then the house would be able to be sold back on the market so he was in
favor of granting this exemption.
Councilmember James asked what Mr. Hadi’s plan would be if the rental license exemption
was approved and if the home was up to rental codes.
Mr. Hadi explained that they do not have renters, but did have some interest. He stated
they would be looking to sell the property as soon as their mortgage company would allow
it, since they would not be able to renew the rental licensing. He stated that the property
is currently up to rental code.
Assistant Fire Chief O’Brien stated that the property was purchased in January 31, 2024
from a corporation, TRS, LLC, which is an affiliate of Progress Residential, which was
formerly known as Havenbrook Homes. He stated it has been a rental property since it
went through foreclosure in 2012 when it was purchased by a Havenbrook affiliate.
Mayor Márquez Simula stated if this is approved, the rental license would only be valid for
a year unless three of the other homes on their block sold and were no longer rentals.
Councilmember Buesgens stated she understands there is a hardship, but feels this is
different than the previous item because Mr. Hadi entered into this as a business and not a
personal situation. She reiterated the importance of doing your homework as a business
within the City.
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Councilmember Jacobs asked if there would be any chance that they could re-negotiate the
mortgage rather than having to wait a year to sell.
Mr. Hadi stated the way it was explained to him by his lender, when you pull a mortgage
and it is sold off, the company wants to have a certain amount of payments before they
refinance or sell the home.
Councilmember Buesgens asked if the Council wanted to table this item so they could see
the document from the mortgage company.
Councilmember Jacobs confirmed that she would be in favor of tabling until they could see
this documentation, but clarified she was not sure if her decision would be different.
Councilmember Buesgens stated she would also be open to that.
Motion by Councilmember Jacobs , seconded by Councilmember Buesgens, to table
Consideration of a Rental License Exemption for 3857 Quincy Street NE, until the applicant
can provide documentation from the mortgage company about resale of the home. 3 Ayes,
2 Nays. Motion carried 3-2. Ayes: Jacobs, Buesgens, and Márquez Simula. Nays: Spriggs
and James.
17. Consideration of Approval of Temporary One-year Rental License.
Assistant Fire Chief O’Brien explained this consideration is for approval of a one-year
temporary rental housing license application, which is the first ever presented to the
Council, to operate a rental unit within the City of Columbia Heights for the property
located at 4411 6th Street NE. He explained that following the revocation of the rental
license for this property for non-renewal of the 2023 rental occupancy license the City in
October 2023, the property was not eligible for a new rental license because it is in an area
that exceed the City’s rental density limit for detached single-family properties. In January
2024, the property owner applied for an exemption which the Council and the property
had also passed a zoning review and rental inspection earlier this month. He explained that
the applicant had paid the application and reinstatement fees. He gave an overview of the
process for renewal of a temporary rental license.
Councilmember Buesgens asked if there were any extenuating circumstances behind the
reason this was allowed to go through other than that they missed the timeline for the
application. She also asked if there were any extenuating circumstances as to why they are
not selling or taking care of this property and applying for a second year license.
Assistant Fire Chief O’Brien stated he did not know of any extenuating circumstances
behind the original reason this was allowed. He explained that once the Council approved
this in January, the City sent a notice outlining what needed to happen. He noted if the
Council approves the license this evening, they will, in January or February of 2025, send
out a renewal notice and they will need to have everything completed by April 30, 2025.
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Mayor Márquez Simula stated that the Council had just voted on this in January with the
idea that they would then follow through with this action.
Motion by Councilmember Jacobs, seconded by Councilmember James, to adopt Resolution
Number 2024-035, being Resolution of the City Council of the City of Columbia Heights
approving a one-year temporary rental housing license pursuant to City Code of the rental
license listed. All Ayes, Motion Carried 5-0.
CITY COUNCIL AND ADMINISTRATIVE REPORTS
Report of the City Council
Councilmember Buesgens attended the Sustainability Commission meeting and noted that they
were in the final stages of finishing the Sustainable Purchasing Policy and are continuing work on
the Complete Streets Policy. She thanked the volunteers who took time to clean up Central
Avenue and noted that it looks great. She attended the swearing in for the City’s new Police
Officer, Jennifer Cortez. She stated that volunteers helped her build a Hǘgelkultur in Blooming
Sunshine Garden. She had also worked with the Council to interview two of the Captains who
are vying for the Police Chief position. She attended the City Services Expo and had
conversations with residents whom she had not met before. She attended the National Planning
Conference with staff who had volunteered some of the City facilities for tours. She had also
attended the art show, Pearl of the Mississippi, and stated that it was still in the entryway for
anyone who was interested in viewing it. She worked with the Council on the City Manager
search and had also recently attended a drum karaoke night at the new business across the
street, called Clash Drum, which was really fun. She noted that Alice Cooper will be coming to
Clash Drum in August. She stated that she also took her husband on an outing to The Golden
Nuts shop on Central which was wonderful and encouraged people to go check them out.
Councilmember James stated that she had attended the Charter Commission meeting, noted
that there is an opening for a new member, and asked interested parties to apply by June 14,
2024. She stated since the last Council meeting, she met with some local leaders regarding the
Public Safety aid and ways they could work to prevent violence in their cities. She attended the
Council Work Session and the City Expo and thanked City staff that had attended. She noted
there are still employment opportunities available on the City website if they were not able to
make it to the Expo. She had also attended the Art Show and the City Manager interviews. She
stated for the Earth Day clean up, she wanted to mention that one of the interesting things about
the hands-on service was the implications for policy and noted that much of the trash was mini
liquor bottles and cigarettes. She stated that this brought to mind how they may want to use the
municipal liquor stores and possible ways to encourage businesses to provide trash receptacles.
She had also signed on to two pieces of advocacy: the Housing Stability Act, HF #3640; and HF
#4413.
Councilmember Jacobs attended the swearing in of the new Police Officer and the meetings for
the selection of the City Manager and Police Chief. She stated 27 residents had reached out to
her on the ordinance discussed earlier on the agenda. She also wanted to bring up something
that is a concern of hers. She explained that the Council Corner is a mechanism for
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Councilmembers, not staff, to discuss non-business items. She explained that because of its
failure as a monthly meeting, they placed it the end of a regular Work Session agenda. She
stated that Council Corner has never been, nor should it be , a mechanism where any business
item should ever be discussed. However, at the April Work Session, a proposed chicken
ordinance was placed under the Council Corner, which would clearly not qualify for that place in
the meeting. She stated after that meeting, she was frustrated that the appropriate policies
were either being ignored or manipulated to accommodate potential desires of individual
Councilmembers. She was not aware of any proposed ordinance or ordinance amendment ever
being discussed in a non-business format and noted that business items deserve unbiased
discussion, transparency, and for staff to make the appropriate presentation . She felt that what
happened at the last Work Session violated the residents’ expectation that the business needs of
the community were being fairly considered over the personal needs or desires of any single
Councilmember. She explained that her intent was to see this ordinance proposal placed on the
May Work Session agenda for the full presentation and discussion and that anything less would
be an attempt to circumvent the process.
Councilmember Spriggs stated he attended many of the same things already mentioned by the
other Councilmembers such as the meetings regarding the City Manager and Police Chief
interviews. He also attended the City Service Expo which seemed to have a good turn -out. He
noted that he and Mayor Márquez Simula meet earlier today with a tenant’s group based in the
City to discuss current concerns and possible actions moving forward.
Mayor Márquez Simula stated that she would like to address the comments made by
Councilmember Jacobs regarding the Work Session meeting. She explained at that meeting , the
Council had discussed if the City should have a chicken ordinance and the consensus was that
they could look into more data and that none of them had heard much about it from their
constituents. She stated that following their discussion, she felt the Council had all agreed the
Council would look at data and asked staff to bring them more information in the future. She
stated that it was basically tabled to come back at some point in the future. She stated that she
felt the way that Councilmember Jacobs had described the discussion was misleading.
Councilmember Jacobs stated she wanted to be clear that she had not brought that idea to
Council Corner. She stated it was submitted by somebody else and she would never have
wanted that discussion to take place under Council Corner. She explained her overarching point
is that she did not feel that discussion belonged under Council Corner and she hoped the Council
would be willing to take it under consideration in an appropriate format, which would be on the
main Work Session agenda. She noted staff in Community Development have worked on this for
almost 18 months and other cities have this type of thing, so this would not be extraordinary.
She felt it was something that the City should address because more and more people are having
chickens than they did four or five years ago and it was being brought forward by individuals in
the community. She stated that, at the very least, she would like the Community Development
staff to be able to bring forward the work they have put into this topic.
Mayor Márquez Simula asked if Councilmember Jacobs felt the correct way to make sure that
staff had the option to bring this forward was to write a letter to the newspaper rather than just
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discussing it with the Council and asking for it to be placed on the Work Session agenda. She felt
that Councilmember Jacobs had written to the newspaper to imply that no one was listening to
her ideas when everyone at the end of the discussion said that they wanted to see more data.
Councilmember James stated she understood that the Council Corner was for non-business
meeting items, but there was also a separate conversation that the Council would be able to
bring up items for discussions at a future Work Sessions. She suggested that part of the problem
may be that it is labeled Council Corner and is really just more ‘new’ items for discussion as
brought forward by the Council. She did not remember them agreeing to have it named Council
Corner on the Work Session agenda and thought that adding it to the end of the agenda was for
things the Council had not yet directed staff to work on. She does not know how this item had
been added to the agenda and agreed if it was something that staff was working on, it should not
be listed under Council Corner. She thinks that many ideas get brought up and then they see if
there is agreement before they move forward in working on them.
Mayor Márquez Simula stated she agreed and the way she sees it is that many communities,
during their Work Sessions, have an item, despite its name, that Council has an opportunity to
bring information up. She noted that in the past, for example, Councilmember James had
brought up tenant rights and asked if it could be something that they discuss. She stated that
does not limit their discussion. She understands this was an item that Councilmember Jacobs
had been working on with staff, but clarified that in no way was it intended to diminish the item
by discussing it under Council Corner. She stated she felt the Council all gave it their full attention
and had all said that they would like to see more data and asked staff to bring that back. She
explained the Council had followed through with Councilmember Jacobs’ request.
Councilmember Jacobs clarified that it was not her request.
Mayor Márquez Simula stated she had been told that it was done at Councilmember Jacobs’
request.
Councilmember Jacobs reiterated that it was not her request and explained that she had been
told it would be on a Work Session agenda, which was a request that she had been making over
the last year or so, but reiterated that she had not asked for it to be placed on Council Corner.
Mayor Márquez Simula stated that sounded like it was a request because no one else on the
Council had asked to talk about this topic.
Councilmember Jacobs reiterated that she had not asked for it to be placed on Council Corner
but had worked with staff on this issue. She stated she was told that it would be placed on an
upcoming Work Session agenda, which is where she felt it should have been.
Mayor Márquez Simula stated that it was discussed at a Work Session.
Councilmember Jacobs stated that it was under Council Corner where the Council should not be
taking care of business items.
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Mayor Márquez Simula stated that everyone is welcome to come to a Work Session and
everyone is able to talk about all of the items whether they are called ‘old business’, ‘new
business’, or ‘staff directed items’. She felt Councilmember Jacobs implying that something was
not addressed was both rude and disingenuous to the rest of the Council.
Mayor Márquez Simula stated that she had attended the Sister Cities meeting, the Senior
Consortium meeting, Rotary meeting, swearing in for Officer Jennifer Cortez, Youth Commission
meeting, read books to 4th graders at Valley View Elementary, attended the City Services Expo,
and toured and helped out at the new brewery that will be opening next month at Railworks.
She had also attended the National Planning Conference and commended Assistant City Manager
Chirpich for doing a fantastic job of talking with all of the attendees and answering questions
about City Hall and the Ratio Apartments. She stated the City hosted an art exhibit for the
Mississippi River Pearl, which is part of Art to Change the World and noted it will remain in the
lobby at City Hall for the next three weeks and then it will move to the library. She noted that it
is a public work of art that is designed to be touched and recommended people bring their kids
and learn about how pollution impacts the world. She stated the Council held interviews for the
City Manager and Police Chief positions and thanked the community for being part of that
process through the on-line survey and helping with interviews. She had also attended the Earth
Day clean-up event and stated that one trash item she saw reduced from the last few years was
disposable masks. She stated that she and Councilmember Spriggs attended a meeting with The
Legends and their rental tenant consortium. She also had a meeting with Commissioner Meisner
to get an update on things happening within the County. She stated that also earlier today was
the appeals meeting for taxes. She stated she has also gone to The Golden Nuts, which has
amazing food.
Mayor Márquez Simula noted that tonight is the Council’s last meeting with Police Chief Austin
and read aloud a statement about how he had welcomed her with open arms when she became
mayor. She stated that Police Chief Austin had a steadfast commitment to embedd ed social
workers, officer wellness, and felt that improved community policing has marked his leadership
in the City. She sincerely thanked him for his leadership, integrity, compassion and wished him
well in his retirement.
There was a round of applause and a standing ovation for Police Chief Austin.
Police Chief Austin thanked Mayor Márquez Simula for the kind words and stated that he has
been with the City a little over 29 years and has been in this line of work for almost 35 years. He
stated that his 29 years in Columbia Heights have really flown by and he has been fortunate to
have a job that he has enjoyed almost every single day. He stated the Department has done
some really great things and has some really great officers but noted that things do n ot get done
unless they have the support of the elected leaders. He was thankful that this has not been a
struggle for them. He expressed his appreciation to the current and previous Councils for their
support.
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Report of the City Manager
Interim City Manager Hansen stated one thing he will miss when Police Chief Austin retires is his
sense of humor. He stated the Council had mentioned the volunteer efforts for Earth Day and
noted that City web page had additional volunteer opportunities available on the Community
Page. He stated nominations for Outstanding Citizen close next Monday and the two categories
are for ages 14-18 and 18+. He stated the City-wide garage sale is coming up and noted if people
want their sale registered so it will appear on the mapping system, they need to register
beginning on May 1, 2024. He stated he had the opportunity meet with the Polish American
Cultural Institute of Minnesota and discussed possible locations for where their artwork will go
and noted that it is scheduled for September 21, 2024.
COMMUNITY FORUM
Laurel Deneen, City resident, noted that she also serves on the Planning Commission and explained
that she would like to propose that the City consider revising its City Code to permit accessory dwelling
units (ADU) on residential properties. She outlined area cities that have already made similar changes
and outlined some of the benefits that ADUs could bring to the community.
Ahmad stated that his cousin owns The Golden Nuts and was glad to hear that the Councilmembers
had enjoyed it.
Ed Higgins, City resident, stated he would like to bring up three things for Council consideration. The
first would be tobacco licenses and the possibility of revisiting the number in the City. He noted that
he was not a fan of tobacco and its carcinogens, but felt tobacco that does not have carcinogens and
hookah is culturally important. He would like to ask the City to think about extending licenses for
additional hookah or tobacco stores in the City. He also wanted to discuss food trucks and noted that
he could not find anything on the City website that stated their policy as to how long a food truck can
stay in one place. He noted he had clients in the City that told him they had been told they can only
have one food truck in their parking lot for 30 days and then they have to move. He also wanted to
bring up the possibility of a dog park in the City.
Kathy Cooper, City resident, stated that she has been a resident of the City for 25 years and introduced
her fiancé who has lived with her for the past two years. She has three issues she would like to bring
to the Council’s attention. She explained that she has concerns that the Columbia Heights Police
Department was not taking seriously her reports of crimes against vulnerable adults and they have not
been helpful assisting those individuals to get the necessary protective orders in place. She stated a
group of them met with the Police Department about a year ago and they refused to watch a video
called Deception of Protection – Anatomy of an Involuntary Guardianship, which explains the rising
crime of adult guardianship exploitation. She noted that right before the meeting tonight , she had
received a return phone call from Captain Johnston and set up an appointment to meet with him later
in the week. She stated her second item is that since November of 2020, Jessie Davies, the Refuse and
Recycling Coordinator, has refused to honor her requests to make reasonable accommodations for her
disabilities with regard to yard waste collection. She stated in 2017 or 2018 , a snow plow driver took
down her mailbox and at that time the Public Works Department repaired it, but the repair has not
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held up, so it is now very wobbly and unstable. She asked that the Council consider giving her some
help with these issues, so she did not have to continue to spin her wheels.
ADJOURNMENT
Motion by Councilmember Buesgens, seconded by Councilmember Spriggs, to adjourn. All Ayes, Motion
Carried 5-0.
Meeting adjourned at 8:12 pm.
Respectfully Submitted,
______________________________________
Sara Ion, City Clerk/Council Secretary