City Council Meeting

Mayor CITY COUNCIL MEETING Amáda Márquez City Hall—Council Chambers, 590 40th Ave NE Simula Monday, August 9, 2021 Councilmembers 7:00 PM John Murzyn, Jr. MINUTES Connie Buesgens Nick Novitsky Kt Jacobs City Manager Kelli Bourgeois The following are the minutes for the Meeting of the City Council held at 7:00 pm on Monday, August 9, 2021 in the City Council Chambers, City Hall, 590 40th Avenue NE, Columbia Heights, Minnesota. Due to the COVID-19 pandemic, this hybrid meeting was held both virtually and in-person. CALL TO ORDER/ROLL CALL Mayor Márquez Simula called the meeting to order at 7:00 pm. Present: Mayor Márquez Simula; Councilmember Buesgens; Councilmember Jacobs; Councilmember Murzyn, Jr.; Councilmember Novitsky Also Present: Kelli Bourgeois, City Manager; Jim Hoeft, City Attorney; Minerva Hark, City Planner; Dan O’Brien, Assistant Fire Chief; Will Rottler, Community & Events Specialist; Ben Sandell, Communications Coordinator CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE MISSION STATEMENT Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively addresses changing citizen and community needs in a fiscally- responsible and customer-friendly manner. APPROVAL OF AGENDA Motion by Councilmember Murzyn, Jr., seconded by Councilmember Jacobs, to approve the Agenda as presented. All Ayes, Motion Carried 5-0. CONSENT AGENDA Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to approve the Consent Agenda as presented. All Ayes, Motion Carried 5-0. 1. Approve July 26, 2021 City Council Meeting Minutes MOTION: Move to approve the City Council Meeting minutes of July 26, 2021 City of Columbia Heights MINUTES August 9, 2021 City Council Meeting Page 2 2. Approve July 27, 2021 Special City Council Work Session Minutes MOTION: Move to approve the Special City Council Work Session minutes of July 27, 2021 3. Accept June 7, 2021 Traffic Commission Meeting Minutes MOTION: Move to accept the Traffic Commission Meeting minutes of June 7, 2021 4. Accept June 23, 2021 Library Board Special Session Minutes MOTION: Move to accept the Library Board Special Session minutes of June 23, 2021 5. Adopt Resolution 2021-64, Being a Resolution Ordering Preparation of a Report for Zones 6 and 7 Street Rehabilitation, Project 2202 MOTION: Move to waive the reading of Resolution 2021-64, there being ample copies available to the public. MOTION: Move to adopt Resolution 2021-64, being a Resolution ordering preparation of a feasibility report for Zones 6 and 7 Street Rehabilitation, Project 2202. 6. Adopt Resolution 2021-65, Being a Resolution Ordering Preparation of a Report for Water Service Repair/Replacement, Project 2203 MOTION: Move to waive the reading of Resolution 2021-65, there being ample copies available to the public. MOTION: Move to adopt Resolution 2021-65, being a Resolution ordering preparation of a feasibility report for water service repair/replacement, Project 2203 7. Establish Date for 2021 Public Special Assessment Levy Hearing for Seal Coat, Mill and Overlay, Street Reconstruction, Petition and Waiver, and Delinquent Accounts MOTION: Move to establish Monday, October 4, 2021 at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project #2101 Zone 3B Seal Coat, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 4, 2021 at 6:15 p.m. as the Public Special Assessment Levy Hearing for City Project #2002 Zones 4B and 5 Street Rehabilitation, to be held in the City Council Chambers. MOTION: Move to establish Monday, October 4, 2021 at 6:30 p.m. as the Public Special Assessment Levy Hearing for Delinquent Accounts, to be held in the City Council Chambers. 8. Designate Four Hour Parking Huset Park Parking Lots MOTION: Move to designate “FOUR-HOUR PARKING, 8:00 AM TO 4:00 PM, MONDAY THROUGH FRIDAY,” in Huset Park for the Huset Park East, Huset Park West, and Quincy parking lots. 9. Authorization to Enter Into a JPA with the City of Minneapolis for the Final Design of the 37th Avenue Improvements from Central Avenue to Stinson Boulevard MOTION: Move to approve a Joint Powers Agreement with the City of Minneapolis to provide cost-share for consultant services to final design, project bidding, and construction administration for Street Rehabilitation on 37th Avenue from Central Avenue to Stinson Boulevard, City Project 2110. City of Columbia Heights MINUTES August 9, 2021 City Council Meeting Page 3 MOTION: Approve a contract with SEH in the amount of $15,337 for the final design of 37th Place from 37th Avenue to Stinson Boulevard. 10. Park Policy Changes and John P Murzyn Hall Senior Center Rental Policy Changes MOTION: Move to amend the parks and John P. Murzyn Hall rental policies as stated. 11. Resolution 2021-67, Amending the City of Columbia Heights Fee Schedule to Increase the Non-Resident Park Rental Fee MOTION: Move to waive the reading of Resolution 2021-67, there being ample copies available to the public. MOTION: Move to adopt Resolution 2021-67, a Resolution amending Resolution 2020-112, approving the City of Columbia Heights Fee Schedule to Increase the Non-Resident Park Rental Fee. 12. Approve Expenditure for Replacement of Cabinetry in Police Department MOTION: Move to approve the replacement of cabinets in the Police Dept armory with painted steel casework for an expenditure of $3,875, and the replacement of the officers’ duty bag cubbies with powder-coated steel cubbies for an expenditure of $21,642; total expenditure to be $25,517. 13. Resolution 2021-66 Amending the 2021 Budget for Certain Technology Costs MOTION: Move to waive the reading of Resolution 2021-66, there being ample copies available to the public. MOTION: Move to adopt Resolution 2021-66, being a resolution amending the 2021 budget for certain technology costs. 14. License Agenda MOTION: Move to approve the items as listed on the business license agenda for August 9, 2021 as presented. 15. 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 $1,932,063.15. PUBLIC HEARINGS 16. Consideration of Resolution 2021-68 for a Variance to Allow for the Construction of an Attached Garage with Front Yard Setback Encroachments Located at 4161 Polk Street NE Planner Hark reported that the applicant requested a Variance for a proposed attached garage to be located at 4161 Polk Street NE and is proposing to demolish the existing detached singlestall garage on the property and construct an attached standard garage which measures 928 square feet in size on the north side of the home. City of Columbia Heights MINUTES August 9, 2021 City Council Meeting Page 4 The applicant seeks a variance for the following: 1) Variance to allow the accessory structure (attached garage) to be constructed and located within the front yard. City Code Section 9.106 (C) (1) (b) stipulates that “No accessory structure shall be constructed or located within any front yard,” while City Code Section 9.106 (C) (1) (c) stipulates that “Accessory structures for one- and two-family dwellings shall be…behind the principal structure building line in the front yard.” 2) Variance to allow the accessory structure (attached garage) to be constructed and located with a front yard setback less than 25 feet. City Code Section 9.109 (C) stipulates a 25-foot front yard setback for residential buildings. As a corner lot that abuts a diagonal street, there are unique setback requirements that apply to the subject property in relation to neighboring lots. In consideration of corner lots, the City Code states that the lot line having shortest dimension of street frontage is considered the front lot line. Thus, the site’s north lot line, along 42nd Avenue, is considered the front and is therefore subject to a minimum required building setback of 25 feet. The west lot line along Polk Street NE is subsequently considered a side lot line, from which a minimum 10-foot building setback is required. The required setback from Polk Street NE is considered unique in that other homes located along the street that are south of the subject site are subject to a 25-foot setback along the same street. The attached garage is proposed to be located 17.2 feet from the north front property line. This location is considered to be in front of the principal structure building line in the front yard. The use of the property as a residential home complies with the Zoning Code. The Comprehensive Plan guides this area for residential development. The proposed garage is consistent with the goals and intent of the Comprehensive Plan. The subject property is not located in a Design Guidelines District. The proposed project was circulated amongst appropriate City Staff for review. The Building Official provided conditions of approval, and the Public Works Department addressed issues pertaining to stormwater runoff. In review of the applicant’s site plan, application, and other relevant materials, Staff finds the Variance request to be reasonable and will not negatively impact the health, safety, or welfare of the City, its residents, and property owners. On August 4, 2021 the Planning Commission held a public hearing and unanimously voted (with two absences) to recommend approval to the City Council on this matter. Thus, Staff recommends that the City Council approve the Variance as presented, subject to certain conditions. Mayor Márquez Simula opened the public hearing. No one, other than the applicant, was present to speak. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to close the public hearing and waive the reading of Resolution 2021-68, there being ample copies available to the public. All Ayes, Motion Carried 5-0. City of Columbia Heights MINUTES August 9, 2021 City Council Meeting Page 5 Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to approve Resolution 2021-68, granting a Variance for the proposed attached garage to be located at 4161 Polk Street NE, subject to the conditions listed within the Resolution. All Ayes, Motion Carried 5-0. 17. Consideration of Resolution 2021-62, Revocation of the License to Operate Rental Units Within the City of Columbia Heights Against the Rental Property at 600 51 st Avenue NE for Failure to Meet the Requirements of the Residential Maintenance Codes Mayor Márquez Simula reported that the City Council on July 26, 2021 held a public hearing regarding revocation of the license to operate rental units at 600 51 st Avenue NE and voted to table final action on the revocation to the August 9, 2021 meeting to allow the property owner additional time to bring the property into compliance. Assistant Chief O’Brien reported that the property was inspected on August 3, 2021 and was found to be in compliance with City Code and Staff recommends that the City Council deny the motion to revoke the license to operate rental units at that location. Motion by Councilmember Jacobs, seconded by Councilmember Murzyn, Jr., to waive the reading of Resolution 2021-62, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Jacobs, seconded by Councilmember Murzyn, Jr., to deny Resolution 2021-62, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed, as the Licensee has resolved all outstanding compliance issues. All Ayes, Motion Carried 5-0. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Mayor Márquez Simula met with the First Lutheran Youth Group, who had shared their concerns and made posters that will be displayed at City Hall. Attended four National Night-Out parties last week. Toured the Prodeo Academy, which plans to create safe spaces for monarchs and pollinators. Over 20 participants attended the Senior Center’s monarch water-color painting class at Murzyn Hall, with the assistance of the Recreation Department, and she thanked the staff and seniors who attended. Two new police officers were sworn in. Five participated in the Library’s Monarch Book Club via Zoom and had a discussion regarding flight behavior. Had a great meeting with Shirley Barnes, director of Crestview Communities, and Mayor Márquez Simula greeted all the residents. The City Council attended a media council training. Attended the joint law enforcement Council Meeting. The free Monarch Festival and Movie Night will be held on August 18, 2021 at Huset Park by the Jefferson Building and starts at 6:30 pm; the Columbia Heights Puppet Wagon will be there with programming done by the Youth Writers, arts and crafts, a master gardener will be in attendance, and then the documentary “Flight of the Butterflies” should take place about 8:15 pm; and more information is on the City’s website. City of Columbia Heights MINUTES August 9, 2021 City Council Meeting Page 6 Councilmember Novitsky said National Night-Out was a great night, and he was able to attend six parties; he encouraged residents to continue to get to know their neighbors because it does help. Councilmember Jacobs reported the Salvation Army’s board began their backpack and school supplies drive, and she said residents wishing to donate may do so at 2727 Central. Attended the media security training. Attended Representative Feist’s live forum on education. Attended the swearing-in ceremony for Officers Frankie and Trevor, adding that she was pleased to see candidates coming from the City and “it is a tough culture and means a lot to see these young people come forward.” Acknowledged Scott Schulte’s “Love Where You Live” campaign, which encourages all to shop, utilize recreation opportunities, activities, vendors and facilities of Anoka County; and she said that she especially wanted to point out that the focus should be on Columbia Heights as well. Continued to volunteer at SACA and said the thrift store is finally open; masks are now being mandated, and each customer is being asked to cover both their nose and mouth. On August 15, 2021 there will be a brief history at 50th and Monroe about that area of the City, which will be hosted by Thomas Sullivan, who is a great great grandson of one of the original settlers of Columbia Heights; she is disappointed that she will be unable to attend. Attended several locations for National Night-Out with Officer Momberg and saw many new faces. Attended the third and final “Music in the Park” and said “the music was great and interaction with residents prior to the event is always rewarding.” Citing ICC Summer Jam, she said she posted an article on Facebook about an 11-year-old young man “who is the biggest and most dedicated Beatles fan.” She shadowed one of the City street crews 7:00 am to noon on Friday while they did street repairs on 40th by Circle Terrace; she said it was a great crew and she is always pleased to be with them, with special shout-out to Ben, Janelle, Jackie, Jake, Matthew and David – adding that she rode with Matt to pick up a load of asphalt, they laid 16,000 pounds and “the sun stayed behind the clouds until the first truck came over with the asphalt and it was hot.” She said the fix was delayed 45 minutes Friday morning because one car was parked on the street where the crew needed to work, so that impacted their work – and “they deal with a lot and are very patient and professional – far more so than I would have been, I think, under those circumstances.” Congratulated all Olympians, especially the Minnesotans, and said they made everyone proud. Both dinner and dance tickets are still available for the Lions’ “Speakeasy” on September 18, 2021. Councilmember Buesgens attended the Council’s media training. Attended the swearing-in for Francis Rodriguez Soto and Trevor Norleon. Attended three National Night-Out parties and said it is always fun to speak with the residents. Continued to volunteer at Blooming Sunshine Garden, where there are now peppers and lots of greens that residents may pick for free if interested at Lomiaki Park. Attended the “Music in the Park” event, which was nice, and said residents “really lucked out this summer with good nights for the events and the food trucks there were fantastic.” Report of the City Manager Manager Bourgeois reported that Finance Director Joe Kloiber reported that a dozen commercial customers needed to have their radios changed out on their water meters, so Public Works staff performed a door-knocking campaign and all were then completed. She acknowledged foreperson Sherri Jensen and superintendent Jim Hoth and said, because of the upgrade, the benefit is that now the Utilities staff doesn’t have to bring two readers with them every time they go out to read meters. There were 150 people who attended the last “Music in the Park.” City of Columbia Heights MINUTES August 9, 2021 City Council Meeting Page 7 A few upcoming events include “Cone with a Cop” will be held on August 12 at the Dairy Queen from 5:00 pm to 6:30 pm; the “Eat and Greet” was rescheduled to August 21 at 11:00 am at McKenna Park; the last “Movie in the Park,” featuring “The Goonies” and sponsored by the Sister Cities, will be held on August 20 at 8:30 pm. The Recreation Department’s and Mill Street Players’ play will be “Madam’s Been Murdered, Tea Will Be Late” on August 12 at 7:00 pm, with dessert, and the $5.00 tickets are still available via the Recreation office in person at Murzyn Hall or calling 706-3730. Report of the City Attorney Attorney Hoeft had no update. COMMUNITY FORUM There was no one onsite or online to address the Council. ADJOURNMENT Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky, to adjourn. All Ayes, Motion Carried 5-0. Meeting adjourned at 7:24 pm. Respectfully Submitted, ______________________________________ Kelli Bourgeois, City Manager