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HomeMy WebLinkAbout01-13-2025 City Council Meeting Minutes CITY COUNCIL MEETING Mayor Amáda Márquez Simula Councilmembers Connie Buesgens Laurel Deneen Rachel James Justice Spriggs City Manager Aaron Chirpich City Hall—Council Chambers, 3989 Central Ave NE Monday, January 13, 2025 6:00 PM MINUTES The following are the minutes for the Meeting of the City Council held at 6:07 pm on Monday, January 13, 2025, 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 6:07 pm. Present: Mayor Márquez Simula; Councilmember Buesgens; Councilmember Deneen; Councilmember Spriggs; Councilmember James Also Present: Andrew Boucher, City Planner; Aaron Chirpich, City Manager; Sara Ion, City Clerk; Sulmaan Khan, Assistant City Engineer; Scott Lepak, City Attorney; Dean Beyer, City resident; John Connelly, Twin Cities North Chamber of Commerce; Scott Fergus, Brick by Brick CEO 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 James, to approve the Agenda as presented. All Ayes, Motion Carried 5-0. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Oath of Office: Mayor Márquez Simula, Councilmember Buesgens, Councilmember Deneen. City Clerk Ion conducted the Oath of Office for Mayor Márquez Simula, Councilmember Buesgens, and Councilmember Deneen Mayor Márquez Simula acknowledged the devastating wildfires impacting communities in the Los Angeles area. She encouraged people to keep their safety and recovery in mind during this difficult time. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 2 B. Martin Luther King Jr. Day Proclamation. Mayor Márquez Simula proclaimed January 20, 2025, as Martin Luther King Jr. Day and read the City’s proclamation. C. Presentation from John Connelly Twin Cities North Chamber of Commerce. Twin Cities North Chamber of Commerce John Connelly explained that the Chamber of Commerce represents a wide variety of industries which allows there to be many perspectives and voices. The committee structure includes four different groups. The Ambassador group helps welcome businesses into the community. The Twin Cities North Chamber of Commerce is involved with other task forces and has a marketing committee that generates ideas on how to promote Columbia Heights. He added that they get involved with public policy on a local level. Mr. Connelly summarized what happened over the last year with the Twin Cities North Chamber of Commerce. Throughout the year, membership increased incrementally. There was also growth and engagement. He noted that Columbia Heights has good business attendance because the Columbia Heights Staff communicates well. Mr. Connelly reviewed the new initiatives which include the Drive for Five Grant which helps promote workforce and careers in manufacturing specifically. He added that they are involved with Green to Go which is an initiative that works with a template for compostable recycling. In addition, they work to encourage young professionals to collaborate with them. They initiated a broad social media campaign by expanding on Meta and LinkedIn. Mr. Connelly explained the Chamber is involved with ribbon-cutting events for grand opening events for businesses. He added that they like to engage with leverage with stakeholders. He noted that there is a workforce job fair that will be on April 9th with Anoka County. He explained that they like to share vital information with all businesses that are residing in the area through newsletters, business councils, regular communications and invites, and some select public policy forums. He stated that the Chamber does what they do to enhance the business community, and quality of life, and make people feel more welcomed. He added that they doing something called Certificates of Origin which is a process where businesses can validate their certificate of origin which is required for exporters to other countries. It validates where the product was produced. Mr. Connelly mentioned that the Commerce puts on a Holiday Social in December each year. The event raises funds for local food shelves including SACA. He encouraged community members to visit twincitiesnorth.org to find additional resources and information. He thanked the Council for their partnership. Mayor Márquez Simula asked when the next meeting would be. Mr. Connelly replied that the next chamber meeting is on March 7th. Mayor Márquez Simula asked where the meetings take place. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 3 Mr. Connelly replied at City Hall in Columbia Heights. Mayor Márquez Simula mentioned that everyone is welcome to attend the meeting. COMMUNITY FORUM Dean Beyer, City resident, explained that he had an incident last week and emailed the details to all of the Councilmembers. He mentioned that he received a reply from the City Attorney and City Manager. He explained that he feels as though he does not have an elected official that he can turn to. He added that citizens do not know how quickly their lives can turn around simply by walking their dogs and being victimized. He added he was victimized again by the police. He noted that he would not go into the details of the incident by mentioned that it has been a nightmare for him and for his dog. He explained that his dog almost died. Mr. Beyer noted that there needs to be more training for the police and an independent agency or department to receive and investigate complaints. He pointed out that no one was willing to meet with him. He had to make numerous calls and went to the police station and no one would meet with him. It took six days until he heard from Police Chief Markham. He explained that he broke down due to the stress of being charged with a misdemeanor. He added Police Chief Markham noted it was only a misdemeanor but he has had a clean record his whole life and does not want any charges under his name. He stated he went to the neighborhood where the incident occurred and asked neighbors if they had ring doorbell footage of the incident. He was able to find a phone recording from a woman in the neighborhood. He explained that he felt there would have been a different outcome if Officer Yang had simply spoken to the woman to get a third-party witness. He added he was in the street because he was trying to get away from the car, while also holding his dog and answering questions on the phone to the police. He sent the video to the Police Captain. The Police Captain replied that Mr. Beyer had put himself in harm's way and refused to investigate. After officers interviewed the third party witness, they put into the police report that Mr. Beyer was in the middle of the street with no additional details. Mr. Beyer reiterated that he has not had an issue with the police but believes he is having issues because he filed a complaint and questioned their tactics and lack of investigation. He added that it will cost a minimum of $3,500 to hire an attorney. He mentioned that if he was guilty he would not go to the lengths to find the video or call the police repeatedly. He explained that the individual who almost hit him with a vehicle chased him for a block and had a camera in front of his home. If the individual really thought Mr. Beyer had done something he would have brought the footage to the police. He expressed his concern about not being protected by the police since they did not protect him during the incident. He asked police how he could protect himself and they replied that he should walk a different route or buy a body camera. He reiterated that there needs to be a third-party agency to vet the complaints. Mr. Beyer mentioned that the individual who tried to hit him with a car followed him, harassed him, and tried to intimidate him. He explained he called the police and the police spoke to the individual. The individual said that Mr. Beyer had done the same to him and therefore there were no actions taken to fix the issue. He added that the individual has convictions for violent assaults. Mayor Márquez Simula explained that the Council is not allowed to respond during the Community Forum portion of the meeting. The Council is not allowed to get involved in civil matters. She added City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 4 that she read Mr. Beyer’s emails and it is her job to stay informed and to make sure people are following up properly. She expressed her understanding of how stressful the situation is. City Manager Chirpich explained that the City Council meeting is not a place to be able to discuss open criminal matters. He added that they have to follow policies in the criminal justice system. The Council has been informed, but there are no further comments from the City. Mr. Beyer asked if he needed to take care of the issue in the courts with Anoka County. City Manager Chirpich agreed and noted that it is a third-party process. There are internal checks and balances with claims and officer conduct that is reviewed through his office with the City Attorney. He added that they look into complaints and take them seriously. Mayor Márquez Simula explained that during the Community Forum, the City cannot give advice or respond since they have to make sure the comments Staff and Councilmembers make adhere to the City standards. Once there are civil cases happening, the Council cannot get involved anymore. Mr. Beyer mentioned that he hoped that City Staff would get together behind the scenes to discuss how they feel about what is going on and what they could do differently so that no one else would have to go down the same path he is going through. Mayor Márquez Simula replied that the goal of the Community Forum is to listen and then take steps moving forward. Mr. Beyer asked if he would receive a follow-up from City Manager Chirpich. City Manager Chirpich replied that he would be happy to follow up if Mr. Beyer had specific questions. He added that there may be limited information due to the active criminal matter. CONSENT AGENDA Motion by Councilmember Deneen, seconded by Councilmember Springs, to approve the Consent Agenda as presented. All Ayes, Motion Carried 5-0. 1. Approve December 9, 2024 City Council Meeting Minutes. MOTION: Move to approve the December 9, 2024 City Council meeting minutes. 2. Approve January 6, 2025 City Council Work Session Meeting Minutes. MOTION: Move to approve the January 6, 2025 City Council Work Session meeting minutes. 3. Accept December 4, 2024 Library Board Minutes. MOTION: Move to Accept the Library Board minutes from December 4, 2024. 4. Accept July 18, 2024 Charter Commission Meeting Minutes. MOTION: Move to accept the July 18, 2024 Charter Commission Meeting minutes. 5. Accept December 2nd 2024, Regular EDA Meeting Minutes. MOTION: Move to accept the December 2nd 2024, EDA meeting minutes. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 5 6. Accept Summary of City Manager 6 Month Performance Appraisal. MOTION: Move to accept the City Manager 6 Month Performance Appraisal Summary that was reviewed on 1/6/2025. 7. Designation of Legal News Paper for 2025. MOTION: Move to designate Life as the City of Columbia Heights official legal newspaper for 2025. 8. Consideration of Resolution 2025-01, Designating Official Depositories for the City of Columbia Heights. MOTION: Move to waive the reading of Resolution 2025-01, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-01, being a resolution designating official depositories for the City of Columbia Heights. 9. Consideration of Resolution 2025-02, Accept Certain Donations Received by the City of Columbia Heights. MOTION: Move to waive the reading of Resolution 2025-02, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-02, being a resolution accept certain donations received by the City of Columbia Heights. 10. Adopt Resolution 2025-03, Designating City Council Liaison and Council President Appointments for 2025. MOTION: Motion to waive the reading of Resolution 2025-03, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-03, Appointing Liaisons to City Boards & Commissions and External Boards. 11. Adopt Resolution 2025-04, Approving the Council Handbook for 2025. MOTION: Motion to waive the reading of Resolution 2025-04, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-04, Approving the Council Handbook for 2025. 12. Adopt Resolution 2025-05 Establishing Senior Citizens or Retired and Disabled Persons Hardship Special Assessment Deferral. MOTION: Move to waive the reading of Resolution No. 2025-05 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2025-05 being a resolution establishing a new maximum income of $50,200 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. 13. Award of Professional Services for Alley Reconstruction Design For 2025 Concrete Alley Construction Project. MOTION: Move to approve the proposal for Design Services for 2025 Concrete Alley City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 6 Construction with Bolton & Menk, Inc. for an estimated cost of $21,500.00 appropriated from Fund 415.6400.43050.2506. 14. Approval of Public Works Blanket Orders for 2025 Purchases. MOTION: Move for approval to authorize staff to process blanket purchase orders in an amount not to exceed the 2025 budget amounts for: De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract. Fuel (unleaded and diesel) for City vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement. Bituminous asphalt for patching/paving city streets and alleys from Martin Marietta Materials, or City of St. Paul, or T.A. Schifsky & Son’s. Curb stop and service repairs for delinquent accounts and foreclosed properties 15. Minor Subdivision (Lot Line Adjustment) 4827 and 4833 University Avenue NE. MOTION: Move to waive the reading of Resolution 2025-011, there being ample copies available to the public. MOTION: Move to approve Resolution 2025-011, a resolution approving a Minor Subdivision for the properties located at 4827 and 4833 University Avenue NE, within the City of Columbia Heights, Minnesota, subject to certain conditions stated in the resolution. 16. Adopt Resolution 2025-12, Approving AFSCME Labor Agreement. MOTION: Move to waive the reading of Resolution 2025-12, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-12, approving the City of Columbia Heights IUOE Labor Agreement. 17. Adopt Resolution 2025-13, Approving IUOE Labor Agreement. MOTION: Move to waive the reading of Resolution 2025-13, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-13, approving the City of Columbia Heights IUOE Labor Agreement. 18. Adopt Resolution 2025-14, Approving IAFF Labor Agreement. MOTION: Move to waive the reading of Resolution 2025-14, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-14, approving the City of Columbia Heights IAFF Labor Agreement. 19. Authorization for the Submittal of a CDBG Application for the Sullivan Lake Fitness Court Project. MOTION: Move to waive the reading of Resolution No. 2025-15, there being ample copies City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 7 available to the public. MOTION: Move to adopt Resolution No. 2025-15, a resolution authorizing the submittal of the 2025 Community Development Block Grant Application to Anoka County. 20. Approval of Police Department Purchase and Installation of Axon Squad Video Devices. MOTION: Move to authorize the Police Chief to enter into an agreement for squad Axon cameras for 5 years for a total of $111,650.40 and to purchase installation from Guardian Fleet for $10,500. Police Chief Markham explained that this item is a five-year contract for Axon that will provide dash cam and camera over the prisoner in the backseat of the squad cars. He added that they have not had dash cameras for 15 years because they gave them up to have body cameras. This will help improve accountability. 21. Police Department Purchase and Outfit Police Vehicles. MOTION: Move to authorize the purchase of two 2025 Ford Utility vehicles as patrol vehicles and one 2025 Ford Mustang Mach E as an unmarked admin squad. Also budgeting of $88,126 for the outfitting and setting up of these vehicles for patrol and one unmarked. All vehicles to be purchased under the State of MN Cooperative Purchasing Venture (CPV) at a total cost of $226,850 Police Chief Markham noted that this was the same as the capital budget that was presented to the Council and voted in December. The item was simply for the Council to vote for approval to authorize the purchase. 22. Rental Occupancy Licenses for Approval. MOTION: Move to approve the items listed for rental housing license applications for January 13, 2025, in that they have met the requirements of the Property Maintenance Code. 23. License Agenda. MOTION: Move to approve the items as listed on the business license agenda for January 13th, 2025, as presented. 24. Review of Bills. MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list to claims paid by check and by electronic funds transfer in the amount of $2,546,000.54. PUBLIC HEARINGS 25. First Reading of Ordinance No. 1709, an Ordinance to Amend Chapter 9 - Land Use: 9.104 Administration and Enforcement, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.110 Commercial Districts, and 9.111 Industrial Districts. City Planner Boucher stated at the December Planning Commission Workshop, Staff and the Planning Commission discussed potential amendments and updates to City Zoning City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 8 Code – Chapter 9 Land Use based on observations, feedback, and recommendations from staff and community members to provide more flexibility in the Zoning Code that reflect the needs of the community while encouraging consistency as future development occurs. City Planner Boucher explained the proposed amendments are as follows: 1. Amending 9.104 Administration and Enforcement (I) to change Interim Use Permit to Zoning Review Permit and including over-height fences, seasonal sales stands, accessory structures under 200 sq. ft., and parking/impervious surface additions to be reviewed administratively as well as establishing a permit for Accessory Dwelling Units. 2. Amending 9.106 General Development Standards to reduce the minimum required parking for two-bedroom or more dwelling units to 2 spaces per unit with one of these being enclosed. Also including language to (e) Calculating space to allow: “The Council, at its discretion, may reduce the minimum required parking to not less than 1.5 parking spaces per unit for multifamily structures with seven or more units, after consideration of factors including but not limited to the present or future availability of transit services, shared parking, pedestrian orientation, and occupancy characteristics.” 3. Amending 9.106 General Development Standards to include language under the Dwellings section to contain habitable space based on the adopted MN Building Code. 4. Amending 9.107 Specific Development Standards to require a sound study as a specific condition for car washes as well as considering adding the minimum of one acre of property to this use along with recreational vehicle sales. 5. Amending 9.110 Commercial Districts and 9.111 Industrial Districts to remove fences greater than six feet in height from conditional uses to permitted accessory use, adjusting General Business (GB) to move minor automobile and motorcycle repair and car washes from permitted uses to conditional uses, along with consignment/secondhand stores from conditional uses to permitted uses. In I-1 and I2 Districts, major and minor automobile repair is proposed to be changed from permitted to conditional uses. City Planner Boucher explained 9.104 Administration and Enforcement - Interim Uses are no longer applicable in the Zoning Code as there are no uses at this point that would require an Interim Use Permit. Staff proposes a zoning text amendment to replace Interim Uses with a Zoning Review Permit. This would allow for certain items such as over-height fences, seasonal sales stands, accessory structures under 200 sq. ft., and parking/impervious surface additions to be reviewed administratively as well as establishing a process for Accessory Dwelling Units to ensure compliance with the owner/occupancy deed restriction and rental licensing. City Planner Boucher noted 9.106 General Development Standards include an amendment to (3) Accessory Dwelling Units (h) to reflect the requirement of habitable space based on the adopted MN Building Code. Other sections of 9.106 proposed to be amended include City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 9 establishing a one (1) off-street parking space requirement for Accessory Dwelling Units and amending the two-bedroom or larger unit parking requirement from two enclosed spaces to one enclosed space. Many multi-family developments proposed within the City are handled as PUDs rather than proceeding by right or requiring only rezoning. This prompted discussion about whether the City’s current parking standards are too restrictive or unattainable, warranting a potential review and adjustment. Frequent reliance on PUDs for relatively straightforward redevelopments—such as single-parcel, single-use residential projects—raises concerns about whether the existing standards reflect the City’s goals and practical realities. City Planner Boucher mentioned 9.107 Specific Development Standards include requiring a sound study as a specific condition for car washes and adding the minimum of one acre of property to the car wash use along with recreational vehicle sales. 9.110 Commercial Districts and 9.111 Industrial Districts include removing fences greater than six feet in height from conditional uses to permitted accessory uses as well as adjusting General Business (GB) to move minor automobile and motorcycle repair and car washes from permitted uses to conditional uses along with consignment/secondhand stores from conditional uses to permitted uses. In I-1 and I-2 Districts, major and minor automobile repair could have changes from permitted to conditional uses. City Planner Boucher reviewed the findings of fact which include: a) The amendment is consistent with the comprehensive plan. The City’s 2040 Comprehensive Plan identifies strengthening the identify and image of the community as a desirable place to live, work, and play as well as preserving and enhancing the existing viable commercial and industrial areas within the community. The zoning code amendments proposed will help achieve more consistency with the 2040 Comprehensive Plan. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The zoning text amendments are in response to concerns expressed by residents over commercial businesses and ensuring consistency across zoning districts. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment is not to change the zoning classification of a particular property. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The amendment is not to change the zoning classification of a particular property. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 10 Mayor Márquez Simula opened the public hearing. There were no public comments. Motion by Councilmember Buesgens, seconded by Councilmember Deneen, to close the hearing and waive the reading of Ordinance No. 1709, there being ample copies available to the public. Councilmember Deneen thanked City Planner Boucher and the Planning Commission for the work they have done to clean up the Zoning Ordinances and to make them applicable to what is going on today. She added they have engaged the community and took input into account. All Ayes, Motion Carried 5-0. Motion by Councilmember Buesgens, seconded by Councilmember James, to set the second reading of Ordinance 1709, being an ordinance to amend Chapter 9 - Land Use: 9.104 Administration and Enforcement, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.110 Commercial Districts, and 9.111 Industrial Districts, in the City of Columbia Heights for January 27, 2025 at approximately 6:00 pm. Councilmember Buesgens expressed her excitement about adding sound studies for car washes and changing minor repairs to conditional use permits. She thanked Staff for using the Planning Commission during their downtime to update the Code. Councilmember James expressed her appreciation for the flexibility for parking. City Planner Boucher thanked Councilmember Deneen for her contributions to the Planning Commission. Councilmember Spriggs agreed with the previous comments. He added that the City is landlocked and is trying to utilize the space. The parking standards will provide more flexibility. Mayor Márquez Simula applauded Staff for taking the initiative to look at the City Code and update it with the future in mind. All Ayes, Motion Carried 5-0. ITEMS FOR CONSIDERATION Ordinances and Resolutions 26. Consideration of Rental License Exemptions for the Following Properties: 1122 40th Avenue NE, 1234 44th Avenue NE, 1426 Parkview Ln NE, 3912 Tyler Street NE. City Planner Boucher stated on December 18, 2024, Eric Gentry and Scott Fergus of Brick by Brick – B3 (CAG Minnesota Fund II, LLC), reached out to the Community Development Department. In September 2024, the applicant took ownership of ten single-family properties in the City of Columbia Heights through a bulk acquisition of 345 vacant and City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 11 occupied single-family residential properties in the seven-county Metro region from a national private equity fund that was facing legal action from the Minnesota Attorney General. City Planner Boucher explained CEO – Scott Fergus describes Brick by Brick Training and Development as a non-profit corporation with offices in Minneapolis and a mission to increase affordable housing as a means to build generational wealth for area residents with an emphasis on families at or below area median income, marginalized communities, and first-generation homebuyers. B3, the non-profit corporation, built a coalition of local partners, banks, and community land trusts to preserve vacant properties and create affordable homeownership opportunities. The organization focuses on connecting tenants to homeownership by selling properties that become voluntarily vacant as affordable owner-occupied housing and not re-leasing these. City Planner Boucher mentioned Mr. Fergus also states that one of the key outcomes desired is that none of the tenants are displaced as most of the tenants have been on month-to-month leases that were provided by the prior landlord. The company seeks to offer annual leases to tenants if desired to provide additional stability in their housing choice and time to work towards a shared goal of homeownership. City Planner Boucher noted Staff determined that the ten properties acquired were subject to Time-of-Sale inspections prior to the transfer of the properties as well as being subject to the single-family rental density cap, these properties are addressed as: 1. 1122 40th Avenue NE (Block #226: allotted four rentals and there are eight existing rentals) 2. 1234 44th Avenue NE (Block #200: allotted seven rentals and there are 12 existing rentals) 3. 1426 Parkview Ln NE (Block #180: allotted two rentals and there are four existing rentals) 4. 3912 Tyler Street NE (Block #229: allotted five rentals and there are seven existing rentals) 5. 4205 Jefferson Street NE 6. 4407 Madison Street NE 7. 4516 5th Street NE 8. 221 Forest Dr NE 9. 4241 4th Street NE 10. 4427 Monroe Street NE. City Planner Boucher noted after meeting with the applicants, staff determined that six of the properties were on blocks eligible for single-family rental licenses, and that Time-of- Sale applications/inspections could be submitted and conducted concurrently along the initial rental inspections. At the time of this report, all six of the properties labeled (5- 10) have complete applications for Time-of-Sale and the Initial Rental Inspections submitted, City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 12 fees for the rental inspections paid, and the initial inspections scheduled with the latest date being 1/15/2025. City Planner Boucher stated the other four properties were determined to be on blocks exceeding the single-family rental density cap and staff presented a series of options on how to proceed: 1. If the properties are sold, then each of the four will require completed Time-of-Sale applications, fees, and inspections to receive the Certificate of Property Maintenance prior to the properties being transferred. 2. Potential for partnership between B3, the City, and Habitat for Humanity to turn these homes into affordable homeownership opportunities as both the City and B3 have prior project experience with Habitat for Humanity. 3. Requesting rental density exemption applications for consideration by the City Council to pursue temporary rental licensing for a one-year period, not to exceed two consecutive years for the same properties. City Planner Boucher explained Section 1 of Ordinance 1685, which established the single- family rental density cap, states that a property owner may request a temporary license to allow an additional rental property for that block. As it is the homeowners’ right to appeal to the Council. Staff brought forth the appeal along with supporting documents for discussion and review. City Planner Boucher noted if approved, Resolution 2025-007 (1122 40th Avenue NE); 2025-008 (1234 44th Avenue NE); 2025-009 (1426 Parkview Ln NE); and 2025-010 (3912 Tyler Street NE) would grant temporary rental license exemptions to the homeowner with a few additional requirements. The homeowner is required to complete the license application process within three months from the passage of the resolution. This puts a limit on how long they can take to bring the houses into rental compliance if needed. The temporary rental license will be valid for one year from the date that the license is approved. This provides the homeowner and tenant the ability to rent the home for a full one-year lease. Prior to the end of the term of the temporary license, the persons requesting a temporary license must make an annual application to the City. No property owner shall hold a temporary rental license for the same property for more than two consecutive years. Community Development Director Forney noted that the previous owner was forced to sell by the Attorney General of Minnesota which is how they acquired the properties. Other groups they have partnered with are Habitat for Humanity, Pride and Living, and the Greater Metro Housing Foundation. CAG is the fund to purchase the property, while Brick by Brick is the nonprofit organization that operates the fund. Brick by Brick CEO Scott Fergus explained it has been great to work with the City Staff. He explained that the prior owner was in active litigation with the Attorney General. They knew that the best outcome would be for the private equity fund to sell the properties. He explained that they are a non-profit that has done work nationally and have made large City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 13 purchases all for affordable housing. The primary goal is homeownership because it is the key to generational wealth. He noted that their asset manager’s job is to reach out to tenants. The properties have gone through three prior owners. The tenants mentioned that it was the first time they have ever been contacted by an owner. All the vacant properties that have been purchased would not be released because they are going to be repaired and sold as owner-occupied housing. He added that rental properties would also not be released after tenants leave because they will be repaired and sold as owner-occupied housing. The biggest goal is to reach out to the tenants to see if they have any desire to own the property that they are living in. They offer tenants an opportunity to meet with a homebuyer counseling agency and downpayment assistance sources. Mr. Fergus explained that six of the properties meet the City’s application standards and four do not. He asked the Council to approve the exception because it would allow a more orderly next step for tenants. As the properties become vacant, they will be following their goals to repair and sell the property. Councilmember Buesgens asked if Brick By Brick was filed as a non-profit in Minnesota or another state. Mr. Fergus replied it is filed in New Jersey but has offices in Minnesota. Councilmember Buesgens asked if the four houses up for exemption were currently vacant. Mr. Fergus replied that they were not. Councilmember Buesgens asked when the properties were purchased. Mr. Fergus replied on September 27, 2024. Councilmember Buesgens asked if he was aware of the density restriction at the time. Mr. Fergus replied that he was not. City Planner Boucher explained that they had purchased 345 properties in MN and it was a result of the Minnesota Attorney General’s enforcement action against the rental company. Mr. Fergus added that there were no realtors involved. Councilmember Buesgens mentioned that the seller was HavenBrook. She added that many residents were concerned about 21 families who almost lost their homes. Minnesota Attorney General told HavenBrook that they had to leave the State which is why they were selling the homes. Councilmember Buesgens asked if there was a contract for renters to rent to own. Mr. Fergus replied they do not do that. Councilmember Buesgens expressed her concern that sometimes the agreements can go sideways and the renter can get the shaft because they put money in and then the owner changes their mind. She encouraged them to have a contract so that renters know what the parameters are. Mr. Fergus explained when tenants are willing and able to buy the property, they are connected to community groups that help with the purchasing process. He added that it is not a rent-to-own situation. Instead, the tenant is a renter and then offered to become an owner and Brick by Brick provides them enough time to go through buyer counseling and downpayment assistance. Councilmember Buesgens asked how easy it would be for Staff to do option two if the exemption did not go through. Community Development Director Forney replied the City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 14 second option would happen at the same time. The exemption is still needed to give the process time to go through and for any partnership to develop. Councilmember Buesgens explained that the rental exemption is only for one year, and if the tenants are still there the property will need to sell after two years. Mr. Fergus noted that the tenants do not understand this yet, but they will be in communication with them. Mr. Fergus explained that the second option would not be possible right now because there are tenants living in the properties. He noted that they work well with other habitat affiliates. In order to get to that step, they need to have vacant properties. Councilmember James explained that she hoped that tenants would be connected to the Neighborhood Association for Counseling so they could get HUD-approved counseling. She added that through the next one to two years she would hope that they would be in contact with the residents and do the inspections. She expressed her excitement for it to move forward. Mayor Márquez Simula mentioned that there are monthly leases, but many of the tenants stay for years. She appreciated that they would offer them year leases. She expressed her hurt when there were 21 homes that had issues with HavenBrook because it was a hardship for the community. She mentioned that the communication with the tenants will help the communication with the landlord. She added that it is a great movement forward considering what has been in the past. She stated she would vote in favor. Councilmember Spriggs asked if there was an equation that was used for the home list price. Mr. Fergus replied that the sell price would be at the market value. He explained Natural Occurring Affordable Housing (NOAH). The average value of a house in the area is $270,000. Improvements are included when the house is sold. He explained that downpayment assistance and nonprofit homebuyer counseling, it allow a more sustainable approach for homeowners. Another reason why selling it at market value is important is that the values of the other homes in the communities stay where they are or they increase. Mayor Márquez Simula clarified that it would still be market rate, but there would be resources to allow a family to be able to afford it. Councilmember Deneen expressed her excitement about the program. She added that she likes that there is an emphasis on education and providing resources for people who are already renting the buildings. Councilmember Buesgens asked who would be managing the rental properties. Mr. Fergus replied that they have a third-party management company called PURE Property Management. Councilmember Buesgens asked what their ratings were. Mr. Fergus replied that they are a national property management company. Councilmember Buesgens asked if they were responsive. Mr. Fergus replied that they are very responsive. Councilmember Buesgens asked if tenants would have access to an owner, or the ownership group in case they have an issue. Mr. Fergus replied that they would. He explained that their management structure includes a property manager who does the typical tasks of a City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 15 property manager. He noted that they do not believe that the property manager should be the voice of the owner because it becomes confusing for a tenant and do not feel like they are being heard. There is a team member who calls each of the tenants to let them know they can contact them if the property manager is unresponsive. The team member is part of the management team that oversees the property manager. Councilmember Buesgens asked if their organization was set up for renters to rent for 30 years instead of purchasing the home. Mr. Fergus replied that it was. Councilmember Buesgens asked if the property is sold as affordable housing or back-to- market rate. Mr. Fergus replied that there are no deed restrictions and no requirements. Councilmember Buesgens asked if a tenant who was a property owner decided to sell the property in ten years if it would remain affordable or go back to market-rate. Mr. Fergus replied that it depends on the financing of the borrower or what the homeowner brings to the table. Motion by Councilmember Spriggs, seconded by Councilmember Deneen, to waive the reading of Resolutions 2025-007, 2025-008, 2025-009, 2025-010, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Spriggs, seconded by Councilmember Buesgens, to adopt Resolution 2025-007, a Resolution of the City Council of the City of Columbia Heights approving the single-family rental exemption request for the rental application at 1122 40th Avenue NE, Columbia Heights, MN 55421. All Ayes, Motion Carried 5-0. Motion by Councilmember Spriggs, seconded by Councilmember James, to adopt Resolution 2025-008, a Resolution of the City Council of the City of Columbia Heights approving the single-family rental exemption request for the rental application at 1234 44th Avenue NE, Columbia Heights, MN 55421. All Ayes, Motion Carried 5-0. Motion by Councilmember Spriggs, seconded by Councilmember Deneen, to adopt Resolution 2025-009, a Resolution of the City Council of the City of Columbia Heights approving the single-family rental exemption request for the rental application at 1426 Parkview Ln NE, Columbia Heights, MN 55421. All Ayes, Motion Carried 5-0. Motion by Councilmember Spriggs, seconded by Councilmember Buesgens, to adopt Resolution 2025-010, a Resolution of the City Council of the City of Columbia Heights approving the single-family rental exemption request for the rental application at 3912 Tyler Street NE, Columbia Heights, MN 55421. All Ayes, Motion Carried 5-0. 27. Consideration of a Complete Streets Policy. City Planner Boucher stated over the past year, Staff in the Community Development and Engineering/Public Works Departments collaborated with the City’s Sustainability Commission and Minnesota Department of Transportation to develop a Complete Streets Policy. This effort included creating and refining multiple versions through small group meetings with staff and commission members, as well as focused workshops with experts City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 16 from MN DOT and the Minnesota Pollution Control Agency. The policy received a positive recommendation from the Sustainability Commission during their November 2024 meeting before moving to the December 2024 Council Work Session. City Planner Boucher mentioned Complete Streets and Safe Routes to School were identified as priorities in Chapter 6 – Transportation of the City’s 2040 Comprehensive Plan. These are defined as roadways designed to accommodate all users— pedestrians, bicyclists, vehicles, and transit—regardless of age or ability. Currently, the City has not established a policy for Complete Streets, which is a requirement to achieve Step 3 in the GreenStep City program. These guidelines provide a framework and design philosophy for both private and public projects that can be incorporated into future updates to the City Zoning Code, Design Guidelines, and any other applicable policies and procedures. City Planner Boucher noted to inform the policy’s development, staff and the Sustainability Commission reviewed Complete Streets policies adopted by cities in Greater Minnesota and the seven-county metro area. Additional resources included toolkits from the Minnesota Complete Streets Coalition and Smart Growth America. The draft policy was carefully evaluated against these toolkits to ensure it prioritizes context-specific solutions tailored to the City’s needs. City Planner Boucher explained The Complete Streets policy has ten total sections: 1. Purpose 2. Policy 3. Design 4. Documentation and Exceptions 5. Performance Measures 6. Conflicting or Competing Needs 7. Create a Network 8. Supportive Land-Use 9. Promotion, Education, and Training 10. Monitoring and Revision. City Planner Boucher stated the purpose and policy sections define a process to evaluate and incorporate features for each mode of transportation as the City considers major street reconstruction or new construction projects. Minor maintenance projects such as repaving or restriping will not require consideration of Complete Street elements but will still document the opportunities and feasibility of these elements to be included in larger projects. Complete Streets elements will be included in resurfacing or rehabilitation when they are cost-neutral or provide substantial safety benefits. These benefits are based on resource material such as the CMF Clearinghouse, established planning documents, or other citywide/regional plans such as Safe Routes to School, and ADA transition. When transportation projects are initiated by other jurisdictions such as the state or county but located within or on the edge of city limits, staff shall advocate for the integration of Complete Streets principles. City Planner Boucher mentioned the design of Complete Streets will need to be context- sensitive and meet the needs of the community and surrounding area while emphasizing safe and accessible travel for all people. Part of the Complete Streets policy will require documentation of different components to determine the practicality and feasibility of these components based on: vulnerable user safety, connectivity, budget of construction and ongoing maintenance, etc. unless an exception is required. To evaluate the City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 17 effectiveness of the policy, staff has included a series of process and outcome measures to be compiled and reviewed annually. City Planner Boucher reviewed the project worksheet. The process metrics include the percentage of projects with a completed project worksheet; this worksheet will include: • Who are the project area users, modes of travel, whether a language other than English is spoken in the applicable neighborhood; • Does the project area have identified speeding or conflict points within eligible projects; • How does the area handle stormwater and are there quality or quantity concerns present; • Are there existing Complete Streets elements or elements that are practically feasible? The outcome measures will include: • Are there public transit facilities or significant designations with connectivity gaps for pedestrians or bicyclists? • Are there any areas that are “under-lit” or present a number of barriers to pedestrians/bicyclist movements that have been identified or removed? • If there are Complete Streets elements that have been determined to be feasible, rank/score these elements by the amount of maintenance required? City Planner Boucher stated by establishing a process to evaluate the potential and effectiveness of Complete Streets improvements from a budget, maintenance, and safety perspective, the City will be able to prioritize these improvements and implement elements that provide the greatest safety gains while balancing budget and maintenance needs to create a network of complete streets. Future actions that are anticipated include adopting the Complete Streets Policy into zoning code and the City Design Guidelines updates as well as assessing other opportunities for departments to support implementation. Assistant Engineer Khan added that the policy is exciting because it formalizes the project development process, and it will help set up the City for funding opportunities. Because of the document, there could be additional grant opportunities. Councilmember James asked who would be responsible for completing the documentation and what format the documentation would be reported to the Council. City Planner Boucher replied that typically the City Engineer and Assistant City Engineer would do that. He explained that he is comfortable doing that for now until there is a permanent person who can take ownership. He explained that reporting to the Council would be similar to street projects, in that there is a process to let the Council know that the project has been completed. Councilmember James noted that there is nothing included in the motion for the project to be reported back to the Council and wondered if it needed to be included in the motion. City Planner Boucher added that there is an opportunity to judge whether or not the City is City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 18 making process towards the Comprehensive Plan goals. He added that the goals would need to be more specific to determine if the project has been successful. He added that it would be valuable to identify the known conflict points in order to know if it has been effective. Councilmember Buesgens thanked the Staff and the Sustainability Commission for their work on the project. She asked when the 2050 Comprehensive Plan work began. City Planner Boucher replied that it would likely begin in the fall of 2025. The first step in the process is for the Met Council to release systems statements. City Planner Boucher explained it was difficult to navigate the process at times but noted Sustainability Commissioner Jared Finkelson was a critical part of the process. He expressed his appreciation for his nature and pushed to have the project work for the City. He added that Mr. Finkelson started the draft that was presented to the Council. Mayor Márquez Simula added that Mr. Finkelson used to be on the Traffic Commission. She expressed her appreciation to Staff for responding to Mr. Finkelson. She mentioned that there have been safety and mobility grants that have come through. She explained that it will be transparent for development. The County has been showing genuine interest in how they can be doing better, especially since there are four schools on a County road. Motion by Councilmember James, seconded by Councilmember Deneen, to waive the reading of Resolution 2025 - 006, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember James, seconded by Councilmember Buesgens, to approve Resolution 2025 - 006, a Resolution of the City Council of the City of Columbia Heights approving the City of Columbia Heights Complete Streets Policy and direct staff to identify opportunities to implement the Complete Street Policy. All Ayes, Motion Carried 5-0. Mayor Márquez Simula recessed the regular meeting at 8:15 pm. The regular meeting reconvened at 8:20 pm. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Councilmember James mentioned she attended the City Staff lunch. She congratulated the Employee of the Year, Diana Arne. She noted she met with the Police Chief to discuss public safety and ongoing initiatives. There is a Citizens Multicultural Advisory Committee to the police. Community members can get involved in having an advisory role to the police. She attended the EDA meeting and will be the chair for it. She added that she attended the Council work session. She explained she has been in discussions with many community members on how to support immigrant neighbors and expressed the importance of having inclusivity and equity in the community and working together. She noted she planned to attend the Equal Rights Amendment Rally. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 19 Councilmember Buesgens stated she attended the Partners in Energy meeting, the Sustainability Commission, the Staff luncheon, the MnDOT meeting, the Minnesota Cities Climate Coalition meeting, the Christmas train, the community craft night, the MWMO Executive Board meeting, a meeting with Councilmember Spriggs and Police Chief Markham to discuss the vehicle dashboard cameras, and the Planning Commission. Councilmember Deneen thanked Staff for welcoming her and getting her set up. She explained she comes from the Planning Commission. She mentioned she attended the EDA and work session meetings. She expressed her excitement to get more involved. Councilmember Spriggs noted he attended the EDA meeting, work session meeting, the Holiday train, the Library Board meeting, and a meeting with Councilmember Buesgens and Police Chief Markham to discuss dashboard cameras. He added that he had an opportunity to speak with the boys’ basketball team about careers and City government. Mayor Márquez Simula welcomed Councilmember Deneen to the Council and mentioned that she had jumped right in. She congratulated Councilmember Buesgens for getting re-elected. She mentioned that she was able to rest and recharge at the end of the year. She shared condolences to a family who was involved in a fire tragedy that occurred in the City. She stated she attended the Booster Holiday potluck and volunteered at the Every Meal program at Valley View School. She added she attended the City Staff luncheon, the City Staff cookie exchange, and other festive activities such as singing carols at local businesses, saw Elf at the Minnesota Orchestra, and White Christmas at Heights Theater and Chanhassen, and visited the Norway House. She mentioned she has been hearing from residents with concerns about possible deportation and targeted racism. She added if anyone has concerns to reach out to her and she would try to help provide resources. She noted she attended the Regional Council of Mayors meeting, the HeightsNext meeting, the EDA meeting, the work session meeting, the BIPOC Elected Leaders Network meeting, and the MnDOT Central Avenue meeting. The next MnDOT meeting will be held at City Hall on February 12th from 4-5 pm. She mentioned she recently joined the Minnesota Cannabis Expungement Focus Group. She also attended a board meeting for To Change the World. Mayor Márquez Simula explained that she is looking forward to working with Brick by Brick. Moving forward, she would like to look for ways to have a 90-day deadline for when renters would need to vacate in case a rental license was not renewed. Councilmember Buesgens mentioned that her niece lives in the Los Angeles area and is working for an organization called Dream Center which helps people get supplies and reoriented. She noted if people are looking to donate, they can donate there. She added that it is a religious organization. Report of the City Manager City Manager Chirpich provided an update on the water meter replacement program. 1,000 water meters have been replaced with another 1,000 appointments scheduled. Three new bike racks that accommodate six bikes have been installed in front of City Hall. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 20 City Manager Chirpich noted that SnowBLAST will be on February 21st from 4-7 pm at Huset Park East. The free event includes live music, outdoor activities, pony rides, s’mores, and more. He noted there are a number of City positions opened including, Community Service Officer, Police Officer, Retail Clerk, and a variety of positions with the Recreation Department. City Manager Chirpich stated that City offices would be closed on January 20th for observance of Martin Luther King Junior Day. ADJOURNMENT Motion by Councilmember Spriggs, seconded by Councilmember Buesgens, to adjourn. All Ayes, Motion Carried 5-0. Meeting adjourned at 8:37 pm. Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary