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HomeMy WebLinkAbout08-26-2024 City Council Meeting Minutes CITY COUNCIL MEETING Mayor Amáda Márquez Simula Councilmembers Connie Buesgens Kt Jacobs Rachel James Justice Spriggs City Manager Aaron Chirpich City Hall—Council Chambers, 3989 Central Ave NE Monday, August 26, 2024 6:00 PM MINUTES The following are the minutes for the Meeting of the City Council held at 6:00 pm on Monday, August 26, 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: Aaron Chirpich, City Manager; Mitchell Forney, Community Development Director; Jesse Hauf, Information Technology Director; Sara Ion, City Clerk; Scott Lepak, City Attorney; Matt Markham, Police Chief; Will Rottler, Communications Cordinator; Laurel Deneen, City resident; Paul Ramacher, City 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 America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." APPROVAL OF AGENDA Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to approve the Agenda as presented. All Ayes, Motion Carried 5-0. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. 2024 Outstanding Business of the Year Award Presentation. Columbia Heights Pizza Man Mayor Márquez Simula announced Columbia Heights Pizza Man as the 2024 Outstanding Business of the Year and noted that the City delivered a plaque in advance. She read a statement of why Columbia Heights Pizza Man received the City of Columbia Heights MINUTES August 26, 2024 City Council Meeting Page 2 acknowledgement. Mayor Márquez Simula presented the award to Pizza Man’s owner, Chris Kolstad. Mr. Kolstad thanked the Council for providing the opportunity to work with the community. Mayor Márquez Simula mentioned that those on the EDA understand how much work it is to run a business. She expressed her appreciation for the community support and for Mr. Kolstad to receive the award. B. Suicide Prevention Awareness Month Proclamation. Mayor Márquez Simula proclaimed September 2024 as Suicide Prevention Awareness Month and Councilmember James read the City’s proclamation. Mayor Márquez Simula asked for a moment of silence to think of those who have been effected by suicide. C. Recognition of the 2024 Northern Lights Award. Communications Coordinator Will Rottler mentioned that every year, the Minnesota Association of Government Communicators (MAGC), a statewide non-profit composed of communications and community engagement staff from all government organizations within the state, holds the Northern Lights Awards to honor special achievements in a range of categories. Out-of-state judges score all entry submissions and choose to recognize winning entries in one of three awards categories: bronze, silver, and Northern Lights. In July, the City of Columbia Heights won the Northern Lights award for Community Engagement in the small entity category for its Central Place Room Community Poster series project. Mayor Márquez Simula noted that the artists who created the art are also included in the award. CONSENT AGENDA Councilmember James commented on Item 2 and mentioned that the Council Liaison was noted as Councilmember Buesgens when Councilmember James was the one in attendance. She asked if the change could be reflected in the minutes. Mayor Márquez Simula asked for additional information from the Police Chief regarding Item 4. Police Chief Markham explained that the mentorship program started with a conversation with Superintendent Zena Stenvik and Police Chief Markham. He mentioned that it can be a challenge to connect with the Spanish-speaking population in the community. There is an increase in the Ecuadorian population within the community and the school district. The Columbia Heights school district has been looking for opportunities to start a varsity boys’ volleyball team which will help connect with the Spanish speaking population and will be used as a mentoring program. There will be pre-game and post-game activities. City of Columbia Heights MINUTES August 26, 2024 City Council Meeting Page 3 Mayor Márquez Simula asked to share the Public Safety aspect. Police Chief Markham replied that the program will be paid through the Public Safety funding that came from the State. After the funding is done, it will be funded through the typical community police programming budget. Motion by Councilmember Jacobs, seconded by Councilmember James, to approve the Consent Agenda as presented. All Ayes, Motion Carried 5-0. 1. Approve the August 12, 2024 City Council Meeting Minutes. MOTION: Move to approve the August 12, 2024 City Council Meeting minutes. 2. Accept the June 11 & July 9, 2024 Sustainability Commission Minutes. MOTION: Move to accept the June 11 & July 9, 2024 Sustainability Commission minutes. 3. License Agenda. MOTION: Move to approve the items as listed on the business license agenda for August 26th, 2024, as presented. 4. Partnership with CHPS on Mentorship Program. MOTION: Move to authorize the Police Chief and City Manager to partner with Columbia Heights Public Schools on the creation of a volleyball program with a police mentorship component. Up to $28,528 in 2023 Public Safety Aid is authorized for this purpose. 5. Rental Occupancy Licenses for Approval. MOTION: Move to approve the items listed for rental housing license applications for August 26, 2024, in that they have met the requirements of the Property Maintenance Code. 6. 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 $1,438,579.83. PUBLIC HEARINGS 7. Consideration of Resolution 2024-59, revocation of the license to operate rental units within the city of Columbia Heights against the rental property at 1087/1089 Polk Circle NE for failure to meet the requirements of the Residential Maintenance Codes. This item was removed from the agenda. 8. First Reading of Ordinance No. 1704, an Ordinance to Amend Chapter 12, Article IV – 1583: Granting a Franchise to Comcast Of Minnesota, Inc. to Construct, Operate and Maintain a Cable System in The City Of Columbia Heights. IT Director Hauf stated the City and Comcast entered into a cable television franchise agreement through the adoption and execution of Ordinance No. 1583 in 2010. That agreement was extended in 2015 through 2020 as part of a Settlement Agreement related to a proposed franchise transfer that ultimately was terminated. Since then, the term of the franchise expired, although Comcast continued to operate under the terms of the City of Columbia Heights MINUTES August 26, 2024 City Council Meeting Page 4 agreement. The City and Comcast agreed to use the informal cable franchise renewal process to reach an agreement. This process is essentially a contract negotiation. The City and Comcast have reached a tentative agreement, subject to the City Council’s approval. In your packet is a Cable Franchise Agreement Ordinance for your consideration. IT Director Hauf highlighted changes from the previous Ordinance such as labeling equipment. The franchise fee remains the same at 5%. The PEG funding fee has slightly increased to 2%. The HD channels to the library and the school will have an HD option. There will be a change of the old City Hall to the new City Hall address for cable broadcast. Councilmember James mentioned she spoke with IT Director Hauf regarding page 119 which includes a list of the free service. She added that the City was going to look into if it applied to all of the schools in the area. Mayor Márquez Simula opened the public hearing. Paul Ramacher, City resident expressed concerns regarding the way Comcast installs cable as well as the wires being in disarray. IT Director Hauf replied that the Ordinance would not change how the components in the right of way would be installed. Comcast is opting to do more burying of the fibers. It does not necessarily require Comcast to bury the fiber optic or copper networks. Mayor Márquez Simula asked if there would be further discussion with Comcast regarding the cables. IT Director Hauf replied that he would need to clarify that with the City engineer. Mayor Márquez Simula asked if IT Director Hauf could provide an answer during the next City Council meeting. Motion by Councilmember Spriggs, seconded by Councilmember Buesgens, to close the hearing and waive the reading of Ordinance No. 1704, there being ample copies available to the public. Motion by Councilmember Spriggs, seconded by Councilmember Buesgens, to set the second reading of Ordinance 1704, being an ordinance to amend Chapter 12, Article IV – 1583: Granting a Franchise to Comcast Of Minnesota, Inc. to Construct, Operate and Maintain a Cable System in The City Of Columbia Heights for September 9th, 2024 at approximately 6:00 pm in the City Council Chambers. ITEMS FOR CONSIDERATION Ordinances and Resolutions 9. Second Reading of Ordinance No. 1700, an Ordinance to Amend Chapter 9 - Land Use: 9.103 Definitions, 9.104 Administration and Enforcement, 9.105 Nonconformities, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.109 Residential Districts, 9.110 Commercial Districts, and 9.111 Industrial Districts. Community Development Director Forney explained that he would not review the entire City of Columbia Heights MINUTES August 26, 2024 City Council Meeting Page 5 zoning amendment since City Planner Boucher did a thorough job covering it during the Planning Commission meeting as well as the first reading of the Ordinance. He explained that during the first reading of the Ordinance, the Council had some suggested changes. He confirmed that the changes were made such as altering greenhouses to be permitted as accessory uses. Greenhouses would not be incorporated in the number of accessory structures allowed on the property. Greenhouses would still need to meet all impervious surface requirements. The next change was to remove gender pronouns as well as to alter the rooming and boarding language so that the limitations were removed in other parts of the Code to be consistent with the number of renters allowed in a home. Permanent structures like overhang parking areas are allowed but non-permanent structures such as tents are not allowed. He added that there has been some interest from residents about the change from 120 square feet to 200 square feet in regards to an accessory building having a permit be required. The State building code requires a building permit for accessory structures that are 200 square feet or more. The change to the City Ordinance would allow the State and City to have consistent standards. Mayor Márquez Simula mentioned that the information has been reviewed in the past so that the public could understand why the information was limited. She opened the public the public hearing. Laurel Deneen, City resident, thanked those who worked on the Code and policy changes. She explained the importance for residents in the community that have aging parents, or people who have sisters or friends with developmental disabilities. The changes to the Ordinance will allow people to have more independence and care from loved ones. Paul Ramacher, City resident, noted that the lots in Columbia Heights are not standard lots. He mentioned that someone could put a structure of 1,000 square feet on a small lot which is the size of a house in the City. He added that the State requirement of needing a permit for an accessory building of 200 square feet applies to cities such as East Bethel or Ham Lake. He stated anything bigger than 8x10 feet should require a City permit and signed off by the neighbors. He mentioned that he does not want to look at a greenhouse made from pole barn material in his backyard. He added that residents do not want this and that it is for rural areas. He stated he does not agree with the Ordinance. He explained that the City should clean up what is already there such as neighbors having four-foot grass, an RV parked in the yard, or a motor in the driveway. Mayor Márquez Simula replied that there are Ordinances in place regarding having items in people’s yards. City Manager Chirpich added that the property maintenance Code allows for various violations to be addressed by the City’s inspection department. He encouraged residents to reach out if there are specific complaints related to the property maintenance Code. Mayor Márquez Simula asked to share more about the City being in compliance with the State Code and what the requirements were in the past. Community Development Director Forney replied that the City aims to stay congruent with the State’s building code in order City of Columbia Heights MINUTES August 26, 2024 City Council Meeting Page 6 to stay consistent in the area. City Manager Chirpich added that the State building code is officially adopted by the City of Columbia Heights so the City cannot have less restrictive aspects to the Code. In this aspect, the City agrees with the State’s code and would like to enforce the same standards. Mayor Márquez Simula added that the same building standards would be included. City Manager Chirpich mentioned that there are several guardrails that govern accessory structures. The new Ordinance is updating which structures do or do not require a permit. Community Development Director Forney stated the building material standards still apply to buildings that are lower than the building permit. Many material violations are caught through complaints by neighbors. Accessory buildings are required to meet setback. Mayor Márquez Simula clarified that the City is not asking what the material will be or where the structure will be placed if the structure is smaller which is why complaints help establish if the standards have been met. Councilmember Jacobs asked if the setback requirements would apply to the smaller units. City Manager Chirpich replied that they would. Mayor Márquez Simula asked if the setback standard was the same for all lots. City Manager Chirpich replied it is different between residential and commercial lots. One and two family dwellings shall be set back a minimum of three feet from the side lot line, a minimum of three feet from the real lot line, and a minimum of five feet from any other building structure on the same lot. They also are to be located behind the principal structure building in the front yard. Structures cannot be placed in the front yard. Mr. Ramacher stated most standard setbacks in other cities are a minimum of five to ten feet. 10x200 square feet means that a car could be parked in a shed without a permit being required. He added that neighbors should sign off on anything larger than 8x10. Mayor Márquez Simula noted that comments were good and that Staff and the Council are happy to hear additional comments on items. She thanked those who provided comments. Motion by Councilmember James, seconded by Councilmember Buesgens, to waive the reading of Ordinance No. 1700, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember James, seconded by Councilmember Buesgens, to approve Ordinance 1700, being an ordinance to amend Chapter 9 - Land Use: 9.103 Definitions, 9.104 Administration and Enforcement, 9.105 Nonconformities, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.109 Residential Districts, 9.110 Commercial Districts, and 9.111 Industrial Districts, and direct staff to send the summary ordinance for publication in the legal newspaper. Councilmember James expressed her gratitude for updating the standards and holding all properties to the standards. The new Ordinance allows for a specific standard that can be held for the entire community. She added that if community members see people that are not in compliance with the standards to call the City. Mayor Márquez Simula added that she believes people should be allowed to do what they need to do on their property within reason and as long as they are following the City Code. City of Columbia Heights MINUTES August 26, 2024 City Council Meeting Page 7 All Ayes, Motion Carried 5-0. 10. First Reading of Ordinance No. 1701, an Ordinance to amend 5.607 Pet Shops and Commercial Kennels. Community Development Director Forney stated at the July Council work session, the Council discussed a Humane Pet Store ordinance after receiving correspondence from the MN State Director for the Humane Society of the United States informing the City of a model ordinance that municipalities across the Twin Cities have enacted. Some of these cities include Roseville, Eden Prairie, St. Paul, Carver, Cloquet, Minneapolis, and Coon Rapids. The Ordinance limits the ability for pet stores to sell pets (cats and dogs) that are acquired from puppy mills or other companies that are mass producing animals. Minnesota Statutes Section 412.221, Sub division 21 allows municipalities to regulate the keeping of animals, and to protect the health, safety, and welfare of the community. Community Development Director Forney explained each of the cities has adopted similar version of a model ordinance including Definitions, Prohibition on Sales, Certificate of Source, and Violations. Some have included inspection language. The model ordinances adopted by the cities listed above reflect the language in Minnesota SF 1317 and HF 1276, proposed bills in the 2023-2024 legislative session that did not pass but is expected to be reintroduced in the 2025 session. Motion by Councilmember Buesgens, seconded by Councilmember Spriggs, to waive the reading of Ordinance No. 1701, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to set the second reading of Ordinance 1701, being an ordinance to amend 5.607 Pet Shops and Commercial Kennels in the City of Columbia Heights for September 9, 2024 at approximately 6:00pm. Councilmember Jacobs clarified that she spoke with Community Development Director Forney prior to the meeting regarding individuals who declare themselves as rescue centers but are not licensed. She noted that Community Development Director Forney would be looking into the issue as well as fowl that are being reputedly cared for in a local residence. Mayor Márquez Simula expressed her gratitude for the Staff’s work on the item. All Ayes, Motion Carried 5-0. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Councilmember Jacobs mentioned she attended the summer staff luncheon, the meet and greet for high school staff, the Columbia Heights Dentistry opening, and did four resident reach outs. Councilmember Spriggs did not have an update. City of Columbia Heights MINUTES August 26, 2024 City Council Meeting Page 8 Councilmember James explained she attended movie in the park. She added she did a webinar with the League of Minnesota Cities and the Department of Employment and Economic Development, and a course through the League of Minnesota Cities on calculating property tax with city councils. Councilmember Buesgens stated she met with the City Manager and Lauren Letsche from Public Works to discuss cleaning up Sullivan Lake. She added she attended the kid's school farmers market, cone with a cop, the Sustainability Commission meeting, the Staff luncheon, a student art gallery, and music in the park. Mayor Márquez Simula mentioned that she attended the staff luncheon She attended the school scaling the heights event and movie in the park. She went to primary election locations to thank election judges. She added that she attended the Sister City meeting and mentioned the memorial statute will be ready and the unveiling will be on September 21, 2024 at West Huset Park. She attended the Regional Council of Mayors Executive team meeting, and a meeting with the Police Chief and City Manager. She mentioned that many people lost their power due to the heat and asked people to be safe with the heat and oncoming storm. Report of the City Manager City Manager Chirpich stated the Music in the Park finale is on August 28, 2024 from 6:30-8:00 pm at Huset Park East. The event is sponsored by Northeast Bank. The fall newsletter will hit mailboxes in the City in the next few days. Information from the newsletter can also be found on the City’s website. The City is interested in recruiting individuals to participate in the Columbia Height’s Police Department Multicultural Advisory Committee. The committee meets every other month on the third Tuesday at 6:30 pm in the Columbia Heights Public Safety building. Meetings are generally two hours long. If individuals are interested, they can contact Officer Tabitha Wood at 763-706-8110. City Manager Chirpich mentioned that the City Staff would like to apologize for a recent closure of the City’s recycling center over the weekend. There were issues getting the scrap recycling bin emptied by the hauler partner, Waste Management. The bin has been emptied and the facility will be open this weekend. Staff are exploring alternative vendors to fulfill the contract if issues continue. City Manager Chirpich noted the City Manager’s proposed budget for 2025 has been sent to the Council a head of the meeting. During the next Council work session, the City’s Finance Director will review the City wide level information. During the next two work sessions, the department level information will be presented to the Council. The presentations will be presented by each department division head. The proposed budget right now does not include an 8% increase in the City’s gross property tax levy. It is partially offset by a larger than expected increase in the metro area fiscal disparity subsidy for the year, yielding a net increase of 5%. City manager Chirpich stated in 2023, the City Council passed a Resolution that went through 2025 for the utility charges for water, sewer, and refuse which calculated approximately a 4.3% utility increase for the typical household of four. The budget has recalibrated from that time to account for the experience over the last year and proposed an additional 1.1% increase on utility charges, which would amount to a 5.4% increase for 2025. City of Columbia Heights MINUTES August 26, 2024 City Council Meeting Page 9 City Manager Chirpich noted that the City Charter required the proposed budget and levy amounts to be presented to Council in August. The City Manager’s proposed budget will be placed on the City’s website tomorrow for residents to look at. The budget will continue to be refined over the next few months through presentations, discussions, and hearings before it is adopted. Mayor Márquez Simula noted that Council work sessions are typically on the first Monday of the month but the September meeting would be on Labor Day so it is going to be moved to September 3, 2024. City Manager Chirpich agreed and added that City offices would be closed on Monday, September 2, 2024. Refuse and recycling will be delayed by a day. The final day of the splash pad and wading pool will be on September 2, 2024. Councilmember James asked if there was an update on the Safe Routes to School project. City Manager Chirpich replied that it will be complete before the start of school. Mayor Márquez Simula asked if the Council work session agenda packet would be posted the Wednesday before the meeting. City Manager Chirpich replied that it would be posted this Friday on the City’s website. ADJOURNMENT Motion by Councilmember Buesgens, seconded by Councilmember Spriggs, to adjourn. All Ayes, Motion Carried 5-0. Meeting adjourned at 7:01 pm. Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary