City Council Meeting

Mayor CITY COUNCIL MEETING Amáda Márquez Simula Councilmembers City Hall—Council Chambers, 3989 Central Ave NE Connie Buesgens Tuesday, November 12, 2024 Kt Jacobs 6:00 PM Rachel James Justice Spriggs City Manager MINUTES Aaron Chirpich The following are the minutes for the Meeting of the City Council held at 6:00 pm on Tuesday, November 12, 2024, in the City Council Chambers, City Hall, 3989 Central Avenue NE, Columbia Heights, Minnesota WELCOME/CALL TO ORDER/ROLL CALL Mayor Márquez Simula called the meeting to order at 6:00 pm. Present: Mayor Márquez Simula; Councilmember Jacobs (left at 6:28 pm); Councilmember Spriggs; Councilmember James Absent: Councilmember Buesgens Also Present: Andrew Boucher, City Planner; Aaron Chirpich, City Manager; Mitchell Forney, Community Development Director; Sara Ion, City Clerk; Scott Lepak, City Attorney; Dan O’Brien, Fire Chief; Sarah Bush, Outreach Manager at Missions Inc.; Quita Curtis, Salvation Army Representative; Sarie Erickson, Program Manager at Missions Inc.; Andrew, Resident of Columbia Heights Missions Inc.; Bryan Jon, Elder from Fond du Lac Band of Lake Superior Chippewa 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 Mayor Márquez Simula noted Item D under Proclamations, Presentations, Recognition, Announcements, Guests would be moved to the November 25th meeting since School Board Member Michelle Pettway was at the School Board Meeting. Motion by Councilmember James, seconded by Councilmember Spriggs, to approve the Agenda as amended. All Ayes, Motion Carried 4-0. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS City of Columbia Heights MINUTES November 12, 2024 City Council Meeting Page 2 A. Sarie Erickson Mayor Márquez Simula mentioned Missions Inc. Programs provide housing, emergency shelter, and supportive services to domestic abuse survivors and those seeking recovery from substance use disorders. They offer a collaborative and safe community for clients to heal and transform their lives. She invited Sarie Erickson up to speak. Sarah Bush, Community Engagement and Outreach Manager for Missions Inc. Programs, mentioned that their organization is a non-profit that was funded in 1895 to address the growing issue of men who were working out of State in the spring and summer, and would end up homeless in Minneapolis in the winter. The organization was founded to provide them with housing, meals, and support. They are located primarily in Plymouth and have eight programs around housing, domestic violence, and substance use disorder. They have a domestic abuse shelter and a legal advocacy program. They also have a detox and drug management center and a permanent supportive housing program for women and children. She added they recently opened four supportive housing programs for adults in recovery from substance use disorder. She introduced Sarie and Andrew. Sarie Erickson, Program Manager at Missions Inc. Programs, stated they have a 14- bedroom, single-bed facility. They have 14 residents with backgrounds such as mental health, and/or substance abuse disorder. While residents are in the program, they are asked to do at least five meetings or activities that are important for their recovery. She introduced Andrew who is a resident. Andrew explained that before he was at Missions Inc. Programs he lost his children due to his alcoholism and his mental health. He was able to get sober with the help of a stable living situation at Missions Heights. He added that he attends AA every day. The stability he received at Mission Heights is what has made a big difference. He explained that he has a regular routine of therapy and medicine, and a care program to help with his mental health. He is on his way to reunite with his children. Mayor Márquez Simula thanked Andrew for sharing and mentioned that a lot of people were nodding along with him. She added her gratitude for Mission Heights being in the community. Councilmember Jacobs expressed how proud she was of Andrew and added she works in the substance use field and understood how difficult it could be. B. Homelessness Awareness Month Proclamation. Mayor Márquez Simula proclaimed November 2024 as Homeless Awareness Month and read the City’s proclamation. Quita Curtis with the Salvation Army accepted the proclamation. She explained that she meets homeless people where they are at. She added that she has a mental health background. She expressed her gratitude to her coworkers and those who experience unstable housing. She explained that she offers people tangible items such as hot food. She introduced Roy Magnuson who was her high school teacher. City of Columbia Heights MINUTES November 12, 2024 City Council Meeting Page 3 Mr. Magnuson explained he taught African American history to high school students. He explained that he started working for Ramsey County Sherriff Bob Fletcher as his public information officer and community engagement. During Covid, many people had issues with housing. His crew of community engagement was able to work with various organizations to provide meals on a regular basis. He explained that he has spent a lot of time in encampments and around people experiencing homelessness that he understands how hard it is for people to get off of the street, into a program, and into housing. He noted that Ms. Curtis has been able to get people into Section 8 housing within nine months to a year. He added that she started Frogtown Recovery Café and helps provide stability to those in need. Mayor Márquez Simula mentioned that Ms. Curtis was on the news. Ms. Curtis thanked the Council and mentioned it was a pleasure to work in the community. C. Native American Heritage Proclamation. Mayor Márquez Simula proclaimed November 2024 as Native American Heritage Month, and November 29, 2024 as Native American Heritage Day, and read the City’s proclamation. Elder Bryan Jon from the Fond du Lac Band of Lake Superior Chippewa accepted the proclamation. He explained when Indian people come into a community they introduce their name, the clan, and where they are from. He mentioned he is Bryan Jon from the Bear Clan in Fond du Lac Reservation in northern Minnesota. He stated it was an honor to receive the proclamation. D. School District Update. This item was removed and will be addressed during the November 25th meeting. Councilmember Jacobs left the meeting at 6:28 pm. CONSENT AGENDA Motion by Councilmember Spriggs, seconded by Councilmember James, to approve the Consent Agenda as presented. All Ayes, Motion Carried 3-0. 1. Approve the October 28, 2024 City Council Meeting Minutes. MOTION: Move to approve the October 28, 2024, City Council Meeting minutes. 2. Accept October 2, 2024 Library Board Minutes. MOTION: Move to Accept the Library Board minutes from October 2, 2024. 3. Approval of Access Agreement with the City of Hilltop for Water Tower AMI Installation. MOTION: Move to enter into a Water Tower Access Agreement with the City of Hilltop for the installation and maintenance of Advanced Metering Infrastructure (AMI) equipment on the Hilltop Water Tower. City of Columbia Heights MINUTES November 12, 2024 City Council Meeting Page 4 4. Adopt Resolution 2024-80 being a Resolution Ordering Preparation of a Report for 2025 Alley Reconstruction. MOTION: Move to waive the reading of Resolution 2024-80, there being ample copies available for the public. MOTION: Move to adopt Resolution 2024-80, being a Resolution ordering preparation of a feasibility report for 2025 Alley Reconstruction, Project 2506. 5. Corrective Resolution of a Minor Subdivision at 5085 Central Avenue NE. MOTION: Move to waive the reading of Resolution 2024-084, there being ample copies available to the public. MOTION: Move to adopt Resolution 2024-084, a resolution approving a Minor Subdivision for the property located at 5085 Central Avenue NE, within the City of Columbia Heights, Minnesota, subject to certain conditions stated in the resolution. 6. License Agenda. MOTION: Move to approve the items as listed on the business license agenda for November 12, 2024, as presented. 7. Rental Occupancy Licenses for Approval. MOTION: Move to approve the items listed for rental housing license applications for November 12, 2024, in that they have met the requirements of the Property Maintenance Code. 8. Review of Bills. MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list of claims paid by check and by electronic funds transfer in the amount of $2,623,192.90. PUBLIC HEARINGS 9. Consideration of Resolution 2024-82, Revocation of the License to Operate Rental Units Within the City of Columbia Heights Against the Rental Property at 4308 4th Street NE for Failure to Meet the Requirements of the Residential Maintenance Codes. Fire Chief O’Brien stated this property is non-compliant due to non-renewal of the rental license, including failure to schedule and pass an interior/exterior inspection and submit the rental renewal application and fee. This will be the owner’s first rental license revocation. He mentioned that there is a copy of the renewal notice that was sent to the license holder, Mr. James Kortas, included in the Agenda Packet. The inspection office staff sent a Notice of License Renewal on July 30, 2024. On September 20, 2024, the owner stated that the property was occupied solely by family members and was presented with the option of converting the property to family-exempt status. He noted that he explained to the owner that he could convert the rental license to an exempt rental license. He provided the owner with instructions for a family-exempt rental license. Mr. Kortas did not apply for the application, or schedule the inspection, or pay the licensing fees. On October 16, 2024, inspection office Staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the City of Columbia Heights MINUTES November 12, 2024 City Council Meeting Page 5 address listed in the property records. On November 1, 2024, inspection Staff reviewed the property file and noted that the property remained unlicensed. Councilmember Spriggs asked if family-exempt licenses go through annual inspections. Fire Chief O’Brien replied that they do. Councilmember James asked if the property lost the rental license if the owner could still occupy the property. Fire Chief O’Brien replied that the owner could occupy the property on-site, but no one else could. The property owner’s children who are occupying other units would not be allowed to continue to occupy the units. Mayor Márquez Simula asked if there was any additional information. Fire Chief O’Brien replied that the owner had not contacted their office. Mayor Márquez Simula noted that the owner was not in attendance. Mayor Márquez Simula opened the public hearing. She noted that there was no one physically in the Council Chamber. There were no public comments. Motion by Councilmember James, seconded by Councilmember Spriggs, to close the public hearing and waive the reading of Resolution 2024-82, there being ample copies available to the public. All Ayes, Motion Carried 3-0. Motion by Councilmember James, seconded by Councilmember Spriggs, to adopt Resolution 2024-82, being a Resolution of the City Council of the City of Columbia Heights approving revocation, pursuant to City Code, of the rental license listed. All Ayes, Motion Carried 3-0. ITEMS FOR CONSIDERATION Ordinances and Resolutions 10. Consideration of a Rental License Exemption for 4302 2nd Street NE. City Planner Boucher explained that on July 22, 2024, the owner of 4302 2nd Street NE, received a rental density exemption from the City Council and required additional time beyond the three-month period to finish cleaning and emptying out the house as well as replacing the furnace and air conditioner before beginning the rental licensing process. The property owner reached out to the Community Development Department requesting an exemption from the single-family rental density cap on October 29, 2024. The previous rental exemption has expired and the property owner requires City Council approval of an additional exemption. The property is located on Block 19 with three single-family rentals out of 24 total single-family units and an allotment of two single-family rentals. 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 mentioned if approved, Resolution 2024- 083 would grant a temporary rental license exemption to the homeowner with a few additional requirements. The homeowner is required to complete the license application process City of Columbia Heights MINUTES November 12, 2024 City Council Meeting Page 6 within 3 months from the passage of the resolution. This puts a limit on how long it can take to bring the house 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. After 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. Mayor Márquez Simula invited the homeowner to speak. Due to technical difficulties, the Council was unable to hear the homeowner via Teams. City Planner Boucher explained that the homeowners need additional time to bring the property up to code. The work they had conducted has passed inspections. Councilmember James asked if the process for the short-term rental license was the same as a long-term rental license. City Planner Boucher replied that it was the same. He added that the City typically does not allow short-term rentals. Motion by Councilmember Spriggs, seconded by Councilmember James, to waive the reading of Resolution 2024-083, there being ample copies available to the public. All Ayes, Motion Carried 3-0. Motion by Councilmember Spriggs, seconded by Councilmember James, to adopt Resolution 2024-083, being a Resolution of the City Council of the City of Columbia Heights approving the single-family rental exemption request for the rental application at 4302 2nd Street NE, Columbia Heights, MN 55421. All Ayes, Motion Carried 3-0. 11. First Reading of Ordinance No. 1707, an Ordinance to amend Chapter 3 Administrative Code: Article V – Administrative Offenses. City Planner Boucher stated at the August Council work session, the Council discussed an Administrative Citation Ordinance. Staff responded to feedback regarding usage of criminal citations and Council passed an amendment of Chapter 3: Article V – Administrative Offenses enacting an Administrative Citation program by Ordinance during the September 9th and 23rd Council meetings. This is one of two code amendments that are to be considered at the November 12, 2024 meeting, with the second item being a zoning text amendment to Chapter 9 Land Use, Section 9.104 Administration and Enforcement to allow for the Zoning Administrator to use administrative citations. City Planner Boucher reviewed Chapter 6 which reads Administration of City Affairs in the City Charter explicitly states that the City Manager has the authority to prepare and submit to the Council for adoption an administrative code to set a procedure for evaluating and presenting a list of qualified individuals for the City Council to consider before approving selected people to serve as Hearing Examiners. These individuals shall be trained in law or familiar with these settings but are not required to be currently licensed to practice law in the State of Minnesota. These individuals cannot be city employees or have any other connection to the City other than to serve as a Hearing Examiner and shall be compensated City of Columbia Heights MINUTES November 12, 2024 City Council Meeting Page 7 on a per-case basis pursuant to the City’s fee schedule. The existing code does not establish a procedure for evaluating and approving individuals to serve as Hearing Examiners, which needs to be included as part of the proposed Ordinance. City Planner Boucher explained Staff proposes updating the existing ordinance, Chapter 3 – Administrative Code: Article V – Administrative Offenses with the following amendments: 1. Number set of Chapter 3, Article V – Administrative Offenses shall be reorganized to reflect the inclusion of 3.505 Hearing Examiner Evaluation Procedure and the subsequent sections read as: 3.506 Payment and 3.507 Failure to Pay/Recovery of Civil Penalties. 2. Amend 3.504 Administrative Hearings to allow for electronic communication to satisfy written communication requirements except for the Notice of Scheduled Hearing and Notice of Hearing Examiner Decision. Other amendments include changing the Hearing Examiner from being assigned randomly to determining the best-suited examiner to hear a case, setting the meeting schedule to Monday – Friday during business hours, and allowing the City Clerk’s designee to fulfill certain responsibilities as necessary. 3. Establishing 3.505 as Hearing Examiner Evaluation Procedure and including specific requirements, general and desired qualifications, a procedure for evaluating and approving individuals as Hearing Examiners, and how the City can take steps to ensure the program reflects the needs of the residents by prioritizing accessibility to non- English speaking residents through interpreters and translated materials along with utilizing community channels, organizations, and trusted community members as well as hosting forums and meetings to provide an outlet for participants and residents to comment on the process ` Other items that will require future City Council action in relation to this proposed ordinance include: 1. Evaluating and approving a list of qualified Hearing Examiners after a solicitation and interview process similar to how Board and Commission vacancies are filled. Councilmember James asked who was doing the assessment for the evaluation procedure. City Planner Boucher replied the City Council would be responsible for approving and evaluating individuals. Councilmember James asked about the assessment side of the process. City Planner Boucher replied it would be a combination of the City Council and Administration Staff. He added it would be similar to the Boards and Commissions applications. Councilmember James pointed out page 97, letter E, “Evaluated Metrics to Assess Performance” and wondered who would be looking at the metrics. The City Planner replied that it would be a combination of the City Manager, City Attorney, and the City Council. Councilmember James wondered if it would be helpful to designate who would evaluate the individuals and suggested that it be the City Manager and City Attorney. She added that it should be clarified who is doing the assessment. City of Columbia Heights MINUTES November 12, 2024 City Council Meeting Page 8 Councilmember Spriggs agreed with Councilmember James’ comments regarding having the policy lay out who would be responsible for the evaluations. Mayor Márquez Simula asked the City Manager and City Attorney if they had anything to add to the suggestion. City Manager Chirpich replied that he was fine with the designation. He asked the City Attorney if there would be a need to separate the City Manager from the selection process of the examiners. City Attorney Lepak replied that the City has got a pretty robust effort at finding hearing officers. The available pool may not be as broad as they might hope for due to the qualifications. He added that he thinks it would be something the City Attorney and City Manager would review. It will be subject to defined metrics. The City Council would have the final authority. Motion by Councilmember James, seconded by Councilmember Spriggs, to amend Ordinance 1707 and add the language on letter E on page 97 “Performances of these hearing examiners shall be evaluated by the City Manager and City Attorney”. All Ayes, Motion Carried 3-0. Motion by Councilmember Spriggs, seconded by Councilmember James, to waive the reading of Ordinance No. 1707, there being ample copies available to the public. All Ayes, Motion Carried 3-0. Motion by Councilmember Spriggs, seconded by Councilmember James, to set the second reading of Ordinance 1707 as amended, being an ordinance to amend Chapter 3 Administrative Code, Article V – Administrative Offenses in the City of Columbia Heights for November 25, 2024, at approximately 6:00 pm. All Ayes, Motion Carried 3-0. 12. First Reading of Ordinance No. 1708, an Ordinance to amend Chapter 9 – Land Use: 9.104 Administration and Enforcement. City Planner Boucher stated at the August Work Session, City Council discussed code enforcements and updates to City Code to allow for administrative code enforcement. This is based on observations, feedback, and recommendations from staff and community members to provide a more timely and informal Resolution to code enforcement violations of the Zoning Code. Minnesota Statute 462.362 – Enforcement and Penalty enables a municipality to, by Ordinance, provide for the enforcement of Ordinances or regulations adopted. Chapter 6 – Administration of City Affairs in the City Charter explicitly states that the City Manager has the authority to prepare and submit to the Council for adoption an administrative code incorporating the details of administrative procedure and suggest amendments to the same. City Planner Boucher mentioned at the first and second meetings in September 2024, the City Council approved the readings of an amendment to Chapter 3: Administrative Code to allow for administrative citations and at the first meeting in October 2024, the City Council approved an amendment to the fee schedule setting the fees for the levels of citation and Hearing Examiner compensation. The Zoning Text Amendment is required in order to allow the Zoning Administrator to issue administrative citations as part of the Violations and Penalties section of code. City of Columbia Heights MINUTES November 12, 2024 City Council Meeting Page 9 City Planner Boucher noted Staff proposes updating the existing Ordinance, Chapter 9 – Land Use: 9.104 Administration and Enforcement (P)(3) Violations and penalties with the following amendment: 1. Amend (P)(3) to allow for the use of administrative citations as an alternative to enforcement of a misdemeanor processed through the Anoka County Criminal Court System. Other items that will require future City Council action in relation to this proposed ordinance include: 1. Chapter 3 Administrative Code: Article V – Administrative Offenses amendment to create the process for evaluating and approving individuals to serve as Hearing Examiners. 2. Approving a list of qualified Hearing Examiners. Councilmember James expressed her support for the Ordinance. She mentioned that individual rights are not being removed, but instead, the Ordinance provides an additional option. She added that it provides an opportunity for Staff to work with people who would like to get things resolved quickly. Motion by Councilmember James, seconded by Councilmember Spriggs, to waive the reading of Ordinance No. 1708, there being ample copies available to the public. All Ayes, Motion Carried 3-0. Motion by Councilmember James, seconded by Councilmember Spriggs, to set the second reading of Ordinance 1708, being an ordinance to amend Chapter 9 Land Use, 9.104 Administration and Enforcement in the City of Columbia Heights for November 25, 2024, at approximately 6:00 pm. All Ayes, Motion Carried 3-0. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Councilmember Spriggs mentioned that he attended the Library Board meeting. He commented that they have been working on the new website for a few months and it is now live. He added that he attended the EDA and Council work session with the rest of the Council. He mentioned he attended a meeting at City Hall regarding Central Avenue. Councilmember James congratulated the local elected officials including Mayor Márquez Simula, Councilmember Buesgens, and the new Councilmember who would be coming on. She thanked City Clerk Ion and other election Staff for their work. She mentioned that she had a discussion with the former Hennepin County Commissioner regarding affordable housing. She explained she was at the MnDOT meeting, and attended a meeting with the City Manager and the Community Development Director. She spoke with a resident who has had target vandalism at their home. She encouraged the community to look out for each other. She signed a letter petition with the National League of Cities by City of Columbia Heights MINUTES November 12, 2024 City Council Meeting Page 10 State and local elected officials to urge Congress to swiftly pass the Emergency Disaster Supplemental Appropriations bill. Mayor Márquez Simula mentioned she has received messages that residents are experiencing threatening activities at their homes as well as via phone and text messages. She encouraged residents to report any vandalism or issues occurring to the Police Department. She thanked the community for the election process. She added she looks forward to being the Mayor for the next couple of years. She added that she has received multiple emails about the City Clerk, and other election judges for their good work. She noted that she attended the Operation Pollination meeting with the rotary, the MnDOT meeting, and an art class at the senior center. She added she volunteered at the Every Meal program at Valley View School. There was a Veteran’s Day celebration at the new World War II memorial at West Huset Park. The Polish American Cultural Institute of Minnesota placed a wretch at the memorial. She attended a Sister’s City meeting and a meeting with the Police Chief and City Manager. She noted that she checked out the new library website and liked the new search feature. The past City Manager, Malcolm Watson, is being recognized with Silver Lake Beach being named after him and also mentioned that he served in World War II. The area will now be called Malcolm Watson Beach. She mentioned she attended a Dia de Los Muertos event at the high school, as well as the EDA and work session meeting. She explained she attended a Bible study class at Saint Matthew’s Church where she was able to share how people can serve the City. Report of the City Manager City Manager Chirpich recognized and celebrated the new Fire Captain Emily Kosman, noting that throughout her career, she has consistently demonstrated exceptional leadership, skill, and commitment. She is the first female Fire Captain in City history. City Manager Chirpich gave a reminder about winter parking rules which will begin November 15th. The City’s winter parking rules will be in effect from November 15th until March 15th. A snow event will be triggered at 2 inches of snow. City Manager Chirpich mentioned that the City’s newsletter would be hitting mailboxes soon. It will include information regarding the City’s water meter replacement project. The administrative fines will be highlighted in the newsletter as well as the 2025 proposed budget. City Manager Chirpich reviewed the certification of election results. The City’s local election results were certified and the Resolution will be sent to the County for final approval. ADJOURNMENT Motion by Councilmember Spriggs, seconded by Councilmember James, to adjourn. All Ayes, Motion Carried 3-0. Meeting adjourned at 7:05 pm. Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary