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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. City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 2 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 City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 3 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. City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 4 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 City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 5 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 City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 6 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. City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 7 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. City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 8 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 City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 9 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. City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 10 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. City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 11 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. City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 12 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. City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 13 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 City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 14 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 City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 15 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. City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 16 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. City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 17 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 City of Columbia Heights MINUTES April 22, 2024 City Council Meeting Page 18 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