City Council Meeting

Mayor CITY COUNCIL MEETING Amáda Márquez Simula Councilmembers City Hall—Council Chambers, 590 40th Ave NE John Murzyn, Jr. Monday, July 25, 2022 Connie Buesgens 7:00 PM Nick Novitsky Kt Jacobs City Manager MINUTES Kelli Bourgeois The following are the minutes for the Meeting of the City Council held at 7:00 pm on Monday, July 25, 2022, 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: Lenny Austin, Police Chief; Kelli Bourgeois, City Manager; Kevin Hansen, Public Works Director; Jim Hoeft, City Attorney; Sara Ion, City Clerk; Joe Kloiber, Finance Director; Dan O’Brien, Assistant Fire Chief; Jackie Zillmer, Assistance Finance Director; Kim Sebesta, City Resident; Ryan Sebesta, City Resident; Chris Kolstad, Pizza Man Owner; Nicky Bohm, City Resident; David Mol, Redpath and Company; Frost Simula, City Resident; Mary Granlund, City Resident; Justice Spriggs, City Resident; Brenna Zeimet, City Resident 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. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Motion by Councilmember Murzyn Jr., seconded by Councilmember Buesgens, to approve the Agenda as presented. All Ayes, Motion Carried 5-0. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Recycling Champion, Kim and Ryan Sebesta Mayor Márquez Simula reported that Kim and Ryan Sebesta have been nominated by their neighbors for leading the neighborhood in recycling, reuse, and general waste reduction. They do this in practice by maximizing their use of their curbside single sort recycle cart and the drop-off recycle center and will try to reuse otherwise discarded materials. They also have a compost cart and maximize organics separation from the trash. Their efforts reduce the use of landfills and saves the City expenses, as the City pays by the ton for trash. Kim completed a Master Recycler course and uses her skills to educate neighbors as well. They also follow sustainable practices such as using a battery powered mower and City of Columbia Heights MINUTES July 25, 2022 City Council Meeting Page 2 snowblower, plus installed solar panels for their camper. We thank them for being a Recycling Champion and for teaching their neighbors and us about how to be more sustainable in our daily practices. Mayor Márquez Simula presented Kim and Ryan Sebesta with a Recycling Certificate. Kim Sebeta stated that the work isn’t as hard as it seems, and it’s easy to be “green”; it takes a little bit of effort and a large recycling bin or two. She thanked the Council. B. Outstanding Business in Columbia Heights, Heights Pizza Man Mayor Márquez Simula stated that Chris Kolstad was nominated by his employees, who has kept his business going through the pandemic, and hires people that may have not had the same opportunity elsewhere. Márquez Simula further stated that Kolstad helps out people waiting for the bus, and that he is a “shining star” within the City. Mayor Márquez Simula presented Kolstad with a Certificate of Commendation for Outstanding Business. Kolstad thanked the Council for the opportunity and recognition. He stated he has run businesses his whole life and this is a different setting than the others; they have had the chance to get a lot of people and enjoy what they do. C. National Night Out Proclamation Mayor Márquez Simula proclaimed August 2, 2022, “National Night Out” and read the City’s proclamation. Chief Austin accepted the proclamation and stated that National Night Out is the highlight of the year for the department. He stated that they have been part of National Night Out for over 30 years and it’s an opportunity for them to get out in the community to talk about important topics and the partnerships they have in the City. Chief Austin stated that they anticipate 40 parties, and they will be adding to the list throughout the week. He said that the Council is welcome to ride along if they would like to. D. National Black Business Month Mayor Márquez Simula proclaimed August 2022, “National Black Business Month” and read the City’s proclamation. Mayor Márquez Simula accepted the proclamation on behalf of Bruce Amos owner Amos & Amos Barbeque, who was unable to attend that evening. E. Americans with Disabilities Act Day Mayor Márquez Simula proclaimed July 26, 2022, “Americans with Disabilities Act Day” and read the City’s proclamation. Nicky Bohm, City resident and disability activist, accepted the proclamation. City of Columbia Heights MINUTES July 25, 2022 City Council Meeting Page 3 Bohm stated she is a special education teacher, advocate, and a person with a disability, as well as a parent to a child with a disability. She stated that the Americans with Disabilities (ADA) started before the 1990’s, but the march took place on July 26, 1990; President George Bush signed the Americans with Disabilities Act. She said that persons with disabilities have faced discrimination in many ways such as not having access to public places, safely living in their homes, and discrimination in the workforce. She further stated that she has struggled if she should or shouldn’t disclose her disability throughout her life in fear; she considers her disability a gift. Bohm said that the ADA has meant a lot to her, because she not only has a physical disability, but she also has invisible disabilities. She stated that the ADA is supposed to allow them to have access to life but there is still a long way to go; she gave examples of several ways discrimination still exists. She thanked the Council for the proclamation and accepted it on behalf of the people who have fought for the rights of the disabled and continue to do so. F. Certificate of Achievement for Excellence in Financial Reporting - Awarded to the City of Columbia Heights' 2020 Annual Comprehensive Financial Report by the Government Finance Officers Association Director Kloiber reported that to promote high-quality, transparent financial reporting by state and local governments, the Government Finance Officers Association conducts a rigorous peer review program of participating governments’ comprehensive annual financial reports. Reports that successfully pass this review are awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association. This certificate is the highest form of recognition in governmental accounting and financial reporting, representing a significant accomplishment by a governmental unit and its management. The City’s 2020 comprehensive annual financial report was awarded the Certificate of Achievement for Excellence in Financial Reporting. In addition, the City’s comprehensive annual financial reports been awarded the Certificate of Achievement every year since 1990. Copies of the City’s comprehensive annual financial reports for recent years are available at the finance department page of the City’s website. The award was presented by Director Kloiber and accepted on behalf of the City by Assistant Finance Director Zillmer. Kloiber further stated this is the 9th year that Zillmer has led the process to receive the award. G. 2021 Summary Financial Information Presented by Independent Auditor, David Mol, Redpath and Company City of Columbia Heights MINUTES July 25, 2022 City Council Meeting Page 4 David Mol, Redpath and Company, stated that the 2021 financial statements received a clean or unmodified opinion. He congratulated the City, and specifically Kloiber and Zillmer on receiving the Certificate of Achievement for Excellence in Financial Reporting. He said that there were no items related to internal controls or non-compliance; there were no disagreements with management during the process of the audit, and no difficulties in performing the audit. Mol discussed several of the financial results, how the general fund maintained working capital, and displayed pie charts of the City’s General Fund Revenues and Expenditures. He discussed the Enterprise Fund Cash Balances and that there was an increase in sales in 2021 for Liquor Operations. CONSENT AGENDA Motion by Councilmember Jacobs, seconded by Councilmember Novitsky, to approve the Consent Agenda as presented. All Ayes, Motion Carried 5-0. 1. Approve July 5, 2022 City Council Work Session Meeting Minutes MOTION: Move to approve the City Council Work Session Meeting minutes of July 5, 2022. 2. Approve July 11, 2022 Special City Council Meeting Minutes MOTION: Move to approve the Special City Council Meeting minutes of July 11, 2022. 3. Approve July 11, 2022 City Council Meeting Minutes MOTION: Move to approve the City Council Meeting minutes of July 11, 2022. 4. Approve Five-Year Agreement with Axon for Premium Officer Safety Plan MOTION: Move to authorize the City Manager and Police Chief to enter into a five-year agreement with Axon for the Premium Officer Safety Plan at a total cost of $511,300.51. 5. Resolution 2022-067, Approving a Project Budget of $400,000 for Security Fencing and Related Costs at the Public Safety Center, Using Fund Balance from the General Government Buildings Fund 411 MOTION: Waive the reading of Resolution 2022-067, there being ample copies available to the public. MOTION: Move to adopt Resolution 2022-067, approving a project budget of $400,000 for security fencing and related costs at the public safety center, using fund balance from the General Government Buildings Fund 411. 6. License Agenda MOTION: Move to approve the items as listed on the business license agenda for July 25, 2022 as presented. 7. Rental Occupancy Licenses for Approval MOTION: Move to approve the items listed for rental housing license applications for July 25, 2022, in that they have met the requirements of the Property Maintenance Code. City of Columbia Heights MINUTES July 25, 2022 City Council Meeting Page 5 8. 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 $1,455,582.17. ITEMS FOR CONSIDERATION 9. Change City Council Meeting Times Manager Bourgeois reported that at the July Work Session, Staff presented the idea of changing the Council regular and work session meeting times from 7:00 pm to 6:00 pm. to make better use of Staff time and allow meeting participants to get home earlier in the evening. Manager Bourgeois stated that in the past, moving the meeting start time earlier was a barrier to attendance and participation for community members who worked traditional Monday through Friday 8:00 am-5:00 pm jobs as they would have to get home from work, eat dinner, and then physically come to City Hall to be able to actively participate in Council meetings. This has now changed with remote attendance and participation via Zoom, which Council has recently confirmed they would like to continue to make available. Now, residents can attend and participate in meetings from their own home or anywhere with internet access. Staff recommends changing the meeting start times for regular City Council meetings and City Council work sessions from 7:00 pm to 6:00 pm. In addition, given the Economic Development Authority (EDA) meets immediately prior to the Council work sessions, Staff recommends changing the EDA meeting start times from 6:00 pm to 5:00 pm. These meeting time changes would be effective for meetings beginning August 1, 2022. This meeting time change would be permanent and be in effect unless and until the Council votes to change it. Motion by Councilmember Buesgens, seconded by Councilmember Jacobs, to change the meeting start time for all regular City Council meetings and City Council work sessions to 6:00 pm effective August 1, 2022. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to change the meeting start time for all regular Economic Development Authority meetings to 5:00 pm effective August 1, 2022. Bid Considerations 10. Accept and Award Contract for Public Safety Fence Improvement, City Project 2207 Director Hansen reported that on March 14, 2022, the Council authorized Staff to seek bids to remove and replace existing chain link and decorative fence at the Public Safety Building with anti-climb safety fencing. The project scope included fence removals, new anti-climb fencing, concrete work, conduit and electrical installation, and access controls. City of Columbia Heights MINUTES July 25, 2022 City Council Meeting Page 6 Plans and specifications were prepared and advertised for bids in LIFE on May 13, 2022. One bid was received and publicly read aloud at the June 7, 2022, bid opening. The Council rejected this bid and authorized staff to prepare new plans and specifications that included only fencing and gating work. These plans were readvertised for bid in LIFE on June 24, 2022, and electronically on the City’s website. On July 19, 2022, the rebid opening was held and two bids were received. Century Fence Company in Forest Lake, MN was the low bidder with a total bid of $357,534.86. The bid is consistent with the engineer’s estimate for this portion of the work within the entire project cost of $375,000 to $400,000. Staff will quote and coordinate the other work (concrete work, conduit and electrical installation, and access controls) directly with Century Fence. Funding will be from 2021 Police operating budget surplus that was transferred into the Capital Building Fund 411.42100.45120.2207. Based upon the bids received, Century Fence Company is the low, qualified, responsible bidder. Staff is recommending award of the bid to Century Fence. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to accept and award the contract for Public Safety Fence Improvement, City Project 2207, to Century Fence Company of Forest Lake, MN based upon their low, qualified, responsible bid in the amount of $357,534.86 with funds to be appropriated from Fund 411.42100.45120.2207 and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Councilmember Novitsky thanked Staff for the great “Bring Your Kid to Work Day”, he was able to bring his daughters in to see what they do; he stated he hoped to see it again next year. Councilmember Jacobs made a statement to the community: “I recently raised questions concerning regard for the intent to add recognition of local businesses to the Mayor’s ceremonial functions; under other circumstances I fully support recognizing local businesses for their success and contributions to the community; Pizza Man is a wonderful example of giving back to the community and I’m very appreciative of their contributions. They are one of many businesses so deserving, unfortunately Pizza Man has been caught in the web of this issue. I had hoped for delay in implementing this optional recognition by the Mayor pending more in-depth discussion of the Council to evaluate the impact and timing during an election, however, the decision was made by the Mayor to move forward with this evening’s presentation. To provide a little background and clarity, I reference Pizza Man’s public announcement of hosting a meet-and-greet for the Mayor. During a very short discussion during our previous work session, the Mayor claimed she had not seen the post and did not know it was advertised as a meet-and-greet, despite having commented on the thread prior to the work session, confirming not only knowledge of the post, but also a sole responsibility to correct any inaccuracies when they may occur. The Mayor is in an active reelection campaign, consideration in to whether City of Columbia Heights MINUTES July 25, 2022 City Council Meeting Page 7 business owner, or the employees are pre-determined to be voting residents of Columbia Heights, and further considering how the meeting was publicly advertised, her intent to initiate giving recognition to any business during an active campaign, appears to offer value in exchange for support. This is contrary to the boarder and ethical violations of campaign law. I believe it is important to operate with full transparency in what we do and how we perform as your elected officials. To be clear, I oppose any elected official initiating a change to ceremonial actions, that during an active campaign risks any appearance of personal gain or collusion. Again, my deepest apologies to Pizza Man and its employees for any discomfort this issue may have caused.” Councilmember Buesgens stated she attended the Mississippi Watershed Management Board meeting that she is the liaison to; she said it’s exciting to see the work they are doing to clean the water; she also got to talk to the new director. Buesgens attended the swearing in ceremony for Officer Boskovic; attended the League of Women candidate forums; attended via Zoom Metro Council Housing and Economic Committee, where they had some great ideas at the legislative level, unfortunately, many of them had not been passed at the last session. She attended the MNDOT vision open house, they was a great attendance; the committee presented the petitions to MNDOT and they had 607 signatures. Buesgens added that just in the last five months, there has been over 60 accidents on Central Avenue. She continues to volunteer at Lomianki at the Blooming Sunshine Garden; the corn, thyme, and fruit trees are growing, there are benches that people can use. She stated she is taking care of the flowerpots at City Hall and will be starting to do Murzyn Hall. Mayor Márquez Simula commented on Councilmember Jacobs’ statement and stated that Pizza Man had put on Facebook that they were having a private meet-and-greet for their employees and families to celebrate the recognition and not related to a campaign. She continued onto her Council report: she attended the Traffic Commission meeting, the Metro Cities Metropolitan Agencies Policy Committee meeting, League of Women Voters candidate forum, and attended the swearing in of Officer Boskovic, who she is noted is a new Officer but also a new citizen of the Country. Report of the City Manager Manager Bourgeois stated that tomorrow on July 26, 2022, there is the 37 th Avenue Street Project Open House at the library from 5:30 pm – 7:00 pm. This coming Saturday, July 30, 2022, there is a ceremony honoring Curtis J. Ramsdall, who was killed in the line of duty, this is the 45th anniversary; the service will take place at 10:00 am at Ramsdall Park. Bourgeois said that National Night Out is August 2, 2022; the last music in the park is Tuesday, August 3, 2022,” Pickle” is playing from 6:30 pm – 8:00 pm at Huset Park; the primary election is August 9, 2022; the first movie in the park is Ferris Bueller’s Day Off on August 11, 2022, at Huset Park. Bourgeois reminded candidates that are campaigning: “campaign signs are not allowed within 100 feet of the absentee voting location, which is City Hall or within 100 feet of a polling place on election day, or on public property where polling is located, no signs in the right-of-way or other public property, no signs that support a specific candidate or party are allowed on commercial property where products or services are sold to the public.” COMMUNITY FORUM Mayor Márquez Simula opened the community forum. Frost Simula, City resident, stated he recently watched the replay of the Lions Jamboree parade on City of Columbia Heights MINUTES July 25, 2022 City Council Meeting Page 8 YouTube, but the commentary on it referenced that one of the candidates was running against the “reprehensible Ilhan Omar of the 5th district”. He said he believed that kind of commentary should not be allowed by the City. Mary Granlund, City resident, stated she was in attendance because of the proclamation for ADA as she lives with an invisible disability and many of her family members do, and she found it important to be there. She further stated that she appreciated that businesses that are doing good work were also recognized, especially Pizza Man who is doing work in the community. She said she was disheartened by Councilmember Jacobs comments and found it inappropriate at the Council meeting. Justice Spriggs, City resident, stated that someone recently reminded him, “how can he be expected to fight for others, if he can’t even fight for himself”. He said he had a phone call yesterday with a person who filled out a form to discuss his campaign; he stated that the name given was falsified and not a registered voter in the State and the phone number was linked to a Councilmember. Spriggs stated he was asked many questions about his campaign, qualifications, and they questioned him about his bi- racial heritage. He stated that his grandparents were finally able to be married in an interracial marriage after the 1967 Loving v. Virginia case. He further said that it is frustrating to be called out and questioned on the basics of his identity and upbringing. Spriggs said he would like to see more transparency and it is appalling to him that a Councilmember lied about their identity to a constituent and how they treat the people they are representing. He further stated that this isn’t going to stop him from wanting to make the City a better place, but now he understands why groups are underrepresented and do not step up to participate in democracy. Brenna Zeimet, City resident, spoke regarding the importance of the City recognizing businesses, and stated that she supported what the Mayor is doing, and that it was inappropriate to accuse the Mayor in a public setting of a crime when there is no proof. She further stated she is appalled after hearing Spriggs speak and hopes there will be change in the City, especially how the Council treats the people in the community. ADJOURNMENT Motion by Murzyn Jr., seconded by Councilmember Novitsky, to adjourn. All Ayes, Motion Carried 5-0. Meeting adjourned at 7:55 pm. Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary