City Council Work Session

Mayor CITY COUNCIL WORK SESSION Amáda Márquez Simula Councilmembers City Hall—Council Chambers, 590 40th Ave NE John Murzyn, Jr. Monday, February 07, 2022 Connie Buesgens 7:15 PM Nick Novitsky Kt Jacobs City Manager MINUTES Kelli Bourgeois The following are the minutes for the Meeting of the City Council held at 7:15pm on Monday, February 7, 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 7:15 pm. Present: Mayor Márquez Simula; Councilmember Buesgens; Councilmember Jacobs; Councilmember Murzyn, Jr.; Councilmember Novitsky. Also Present: Kelli Bourgeois, City Manager; Aaron Chirpich, Community Development Director; Jesse Davies, Refuse and Recycling; Kevin Hanson, Public Works Director; James Hoeft, City Attorney; Erik Johnston, Captain Police Department; Sara Ion, City Clerk/Council Secretary; Dan O’Brien, Assistant Fire Chief; Ben Sandell, Communications Coordinator; Charlie Thompson, Fire Chief. WORK SESSION ITEMS 1. Reuter Walton/SACA Project Update Community Development Director Chirpich gave an update on the status of the Reuters Walton / SACA Project. He stated that there has been a lot of progress on this project since the last update at the June 2021 work session. Director Chirpich used the Existing Easement Exhibit to review the updates related to renegotiation and amendment of easement areas around the development site. Staff has been able to come to an agreement with the properties related to Crestview and Columbia Courts Townhomes. The first easement is a parking easement for the Crestview property. The second easement is related to storm water and utility easements for the Columbia Court Townhomes. Based on these agreements, there will be a memorandum of understanding prepared for the first or second City Council meeting in February. Staff feels that what has been proposed is a fair concession to make to move the broader project forward. The critical components of the MOU are:  The City will take over full maintenance and repair responsibility for the portion of the alley that serves the townhome development. Currently the maintenance and repair costs are shared 50/50. City of Columbia Heights MINUTES February 07, 2022 City Council Work Session Page 2  Two speed bumps will be installed in the alley near the townhomes to help calm the increased traffic that is expected in the area with the new development. The speed bumps will be paid for by Reuter Walton.  The legal fees associated with the townhome owners review of the easement documents will be paid by Reuter Walton (up to $5,000). Councilmember Buesgens inquired if Reuter Walton be responsible for the repair and replacement of the speedbumps. She also inquired to Director Hansen as to the Policy about the repair of speedbumps. Director Hansen stated that his understanding would be that we would maintain the speed bump and we would be able to maintain the speed bumps per city policy. Councilmember Novitsky clarified that the City would take over the costs for repair and replacement if there are any issues after Reuter Walton pays for them to be installed. Councilmember Jacobs inquired about how the winter impacts the use of the speed bumps. She would like to know if there is a type that can be removed for winter. Director Chirpich stated that it is known that this is not the best way to address the issue, but this is the route that the parties want to use to address the issue. Director Hansen described that there is a speed bump policy, and that they can be maintained. Director Chirpich gave the background related to the Metropolitan grant. The City is being awarded $1,232,000 in grant funding through the Met Council’s Livable Communities Demonstration Account Development program (LCDA). The funding will be used to support the joint project effort by funding activities related to storm water infrastructure, landscaping, site grading, soil corrections, community engagement, and public art. The LCDA grant program is meant to support projects that create livable communities through expanding housing choice, and connecting housing with jobs. The Metropolitan Council’s Housing Policy Plan calls for local governments to adopt fair housing policies in order to be eligible to receive LCDA grants that support housing development. Therefore, the City will be asked to consider the adoption of a Fair Housing Policy to help ensure fair and equal housing opportunities for all residents of Columbia Heights. Staff has reviewed several fair housing policies from peer cities to develop the attached draft policy that staff feels is suitable for Columbia Heights. Staff will present the policy to the Council in February for formal approval by resolution. Councilmember Jacobs inquired if the policy would impact how we are handling the rental license issue. City of Columbia Heights MINUTES February 07, 2022 City Council Work Session Page 3 Director Chirpich stated that these items are compatible. Councilmember Murzyn wanted to go back and address the speed bump concern. He inquired as to what is the cost for the city to redo the alley. He stated that he does not feel that the City should be paying for the cost to redo the alley. Director Chirpich stated that the developer will pay for the speedbumps, and allows for a reset of the alley and to start new with concrete construction. They are hoping to integrate a full reconstruction of the alley into the project. They are still modeling the economics of what this project will look like, and need to find a way to work with developers to address the concerns. Councilmember Jacobs inquired as to if the City would be making the change to the alley if it was not for this development. She feels that it directly benefits the development, and it needs to be shouldered by the developer.Councilmember Jacobs also inquired if any cost has been assigned to SACA. Councilmember Buesgens clarified what the concern is related to the alley. She also sought clarification that the alley is concrete. Councilmember Murzyn feels that the City should not be taking on the costs. Councilmember Novitsky feels that the public art budget is not as needed as the alley reconstruction. He stated that he supports the arts but feels that the infrastructure is more important. Director Chirpich clarified that the City has always owned the concrete alley. The grant will not cover an alley, because it was competitive for the added amenities. There is $24,000 towards art and other line items in the total grant. Director Chirpich provided an overview of the status of the Reuter Walton Financing. In June of 2021, the City received a request from Reuter Walton Development to issue tax- exempt bonds on their behalf to support the construction of their proposed 62-unit affordable housing development. Reuter Walton has requested that the City help to finance their proposed project with the issuance of tax-exempt conduit revenue bonds in an aggregate principle amount not to exceed $11,000,000. They are anticipating an early June closing. There are construction plans under review to begin the process, and this bond funding is a significant win for the project. They are working with the County for the per unit taxable value. The “TIF deal” should go forward to the EDA in March and to Council for approval at the first meeting of March. Councilmember Buesgens inquired if the construction would not be able begin until the storm water project is completed? She inquired where the storm water project lays where in the building structure. She also inquired as to what the status was on SACA. City of Columbia Heights MINUTES February 07, 2022 City Council Work Session Page 4 Director Hansen stated that there will be follow up conversations with the construction company. The storm water project is very similar to the system at the Westgate Senior Living Center. Director Chirpich stated that SACA is moving forward with their land use approval process and construction. They are collaborating well, and have integrated their project in a very good way. There are some significant outstanding grants that they are waiting for. There would be the potential for bond funding if the grants are not secured. Councilmember Jacobs inquired if there is a definite number as to what funding is real and what has been promised. Director Chirpich stated that there will be more definite information in the upcoming weeks. 2. Rental License Revocation Process Overview Assistant Fire Chief Dan O’Brien presented the information on the topic of the revocation process. The Council packet includes detailed spreadsheets of the information to be presented. He gave an overview of the process, and that these workflow / maps were created within the past several years. The most common issue regarding revocation is a late application or no application submitted followed by unpaid fees, and property violations. Most revocations are heard at the second council meeting of the month. Property owners get a notification, residents get a copy of the notice and it is posted as well. There is a re inspection prior to the second council meeting. Once the Council votes on the matter, if there is a revocation, notice is sent to the property owner and posted at the property and the 45 day period begins. After revocation the re licensing process occurs or the property becomes unlawful to occupy. There is an additional inspection, and the landlord and tenants can be given a citation at the discretion of the inspector. Councilmember Jacobs inquired regarding what occurs at day 45 or 46, is there an option to give a citation only to the landlord and not the tenants. Attorney Hoeft stated that we have the authority to issue the citation to the landlord or the tenant. The best practice is to focus on the landlord as they focal point of the issue. We try to work with the tenants, but if the relationship is strained with the tenants then using enforcement is an option. Councilmember Novitsky clarified the timeframe from the when the violation occurs and the public hearing date. Assistant Chief O’Brien stated that usually there is 30 days, and extensions can be granted (and they are very liberal with extension if there is documentation of efforts to repair the issue). There can also be seasonal extensions, but the onus is on the property owner / landlord to ask for the extension and show that they are making the effort. City of Columbia Heights MINUTES February 07, 2022 City Council Work Session Page 5 Councilmember Novitsky clarified that there are partnerships, and there are times that the license is granted with further clarifications that there are additional steps being taken. When there is no communication from the landlord it causes the process to speed up. Mayor Márquez Simula thanked Assistant Chief O’Brien for the overview and stated that there will be further discussion at the March Work Session meeting. 3. Public Safety Carpet and Paint Fire Chief Thompson presented information regarding the replacement of carpet and expansion of cubicle areas of the Public Safety Building. Chief Thompson and Chief Austin previously gave information regarding the budget for these repairs and replacement to the Council in 2021. Overall there are areas that need chair rails or tile, wall and carpet repair. There will also need to be considerable coordination regarding the electrical and data lines when repairs are made. General Office products has assisted with many aspects of bidding the work and coordinating the concerns. Councilmember Jacobs stated that this is a needed update. Mayor Márquez Simula clarified that this item will be on the consent agenda for approval at next week’s meeting. 4. Youth Commission Applications Review. Communications Coordinator Ben Sandell stated that there are currently ten applicants for the commission. Staff recommends that we forgo doing interviews, and approve the members at the next council meeting. This is an unconventional year, and the inaugural members will allow for us to build and move forward with the commission. Councilmember Jacobs stated that her concern is that some of the applicants responded very weakly. She is a proponent for softening the interview approach, but still conducting interviews. She would like to individually interview the candidates, in a conversational format. She wants to see if some of the weak applicants can better present themselves in person. Coordinator Sandell stated that it was already a challenge to get even the minimum number of members. We are hoping that weak applicants will weed themselves out, and if we further delay this process and scheduling interviews, this could prevent the start of the program and first meeting on March 9, 2022. Councilmember Buesgens stated that she is hoping to get this off the ground and agrees with staff. Mayor Márquez Simula agrees with staff and wants to use this as a learning curve. We need to get program off the ground. City of Columbia Heights MINUTES February 07, 2022 City Council Work Session Page 6 Councilmember Novitsky stated that he agrees and feels that if three applicants did not want to interview, we could jeopardize the commission. Councilmember Murzyn stated that he agrees with staff. He is glad that we have the amount needed to begin the commission. Councilmember Jacobs states that she respects the Councils choice and wants to move forward with the appointment and meet and greet with the commission members. Mayor Márquez Simula stated that this will be on the consent agenda for next week. 5. Crime Rate Discussion Police Captain Johnston stated that there was a question posed last year by Council asking what is driving the crime rate increase in Columbia Heights. Overall misdemeanor assaults aggravated by prior convictions. The other categories with an increase are when there are more assaults with a weapon or where serious injuries occur (fracture / sutures). Councilmember Buesgens inquired as to what portion of these aggravated assaults are domestics. Captain Johnston stated that this information is not always captured as the highest level offense is charged, so it may not capture the statute qualifier in the way it is being reported. Captain Johnston also reviewed larceny statistics. Overall shoplifting is down, theft from person has increases (purse snatching, pick pocket), all other larceny is a bucket category that accounts for package theft. Captain Johnston stated that weapons violations have increased from 2020 to 2021. There have been 4 incidents of weapons on the school grounds. There has also been an increase from 2018 and 2019 to 2020/2021 regarding fleeing the police. This has become a big frustration for officers. Council Buesgens inquired about the pursuit policy. Captain Johnston stated that there is a very restrictive pursuit policy. We only pursue for serious crimes of violence. Columbia Heights is a part of the Auto Theft Task Force. There is a pattern for car thefts on Central Avenue, 2021 January and February were high months. A large factor for theft was keys in the vehicle and the vehicle running. Councilmember Buesgens clarified if this was crime of opportunity. Captain Johnston stated that frequently this is a crime of opportunity and that there are indicators that there is a pattern with people and where cars are stolen from and where they are found. More often the cars are used for impromptu transportation or to use for another crime. City of Columbia Heights MINUTES February 07, 2022 City Council Work Session Page 7 Councilmember Jacobs was surprised that parts and accessories thefts were zero? Captain Johnston believes that statistic is due to a misclassification of information. Councilmember Buesgens thanked Captain Johnston for his presentation. 6. Noise Ordinance Discussion Captain Johnston reviewed the current ordinance as well as the potential to use a special event application. He also included some information that could be used as language for a draft ordinance related to what could be considered as quite time. He stated that as a starting point we would need to have a system in place for existing events, and review if an application process would be used. Councilmember Jacobs clarified if this would be for special larger events or if it would be smaller backyard events. Captain Johnston stated that both would need to be reviewed. Councilmember Buesgens was most concerned with the volume of the event. She feels that this is subjective and decimals might be a good guideline to make it easier to enforce. She knows that there are different cultural needs, and there are many parties with bands and issues with amplified audio. Captain Johnston stated that there are difficulties with using the meter for noise violations. Because of this the Police Department no longer uses them, they also required a lot of staff time. It can be hard to qualify what an amplified item is. It is best to have enforcement be subjective, with additional guidance from the City Attorney. Councilmember Jacobs feels the more objective we can be, the easier it is to enforce. Mayor Márquez Simula thinks that maybe with Covid people were less comfortable indoors, and with Covid changing this could make this concern less of an issue. Councilmember Novitsky feels that this is more of a party ordinance and not a noise ordinance. He would not be in agreement with language related to parties / gathering of people. Captain Johnston stated that this is the ordinance that is used for parties or a resident using chop saw in the garage. It still covers the unnecessary noises, odors and annoying vibrations. Usually by procedure this is more aggressively enforced between 10pm and 7am. Councilmember Jacobs clarified the concern as related to the proposal for changes, and that proposed language focuses on gatherings of people. City of Columbia Heights MINUTES February 07, 2022 City Council Work Session Page 8 Councilmember Murzyn clarified as to how the application would work. How would this apply to established events and if they would need to follow the application process and receive a variance from the Chief of Police. Councilmember Buesgens stated that she is not keen on the application or language related to the variance in residential areas. She is ok with variances for events. Captain Johnston stated the best process might be to continue with the current ordinance as it allows for the police department to be better able to scrutinize the issue. Councilmember Jacobs wanted to know about complaints during the day time. She wants clarification regarding the 24/7 enforcement, to make sure if there were changes it would cover mechanical work, loud sounds and issues. Captain Johnston stated that there are reasons for the subjectivity of the ordinance. It is complicated and he would like to know the direction that Council would like to go. Mayor Márquez Simula clarified that she likes the way the ordinance is right now, and to see what 2022 has in store. Councilmember Jacobs does wants it to be very clear that this is 24/7 regarding enforcement, and that clarification is needed. Councilmember Buesgens would like clarification as to the time period. Councilmember Murzyn inquired if there is a lot of argument about this issue regarding enforcement of the ordinance related to time period. Captain Johnston stated there is currently the authority to issue a citation and not argue about the issue. Councilmember Murzyn would like to leave the ordinance the way it is, and hopes that the pandemic resolves and impacts the current concerns. Councilmember Novitsky feels that we live in a community with homes close to one another; we should expect sounds and noise. He would like to revisit the issue, and wants to make sure we are not against gatherings. Mayor Márquez Simula stated that we will take another look at this ordinance as the year progresses. 7. Fence Consortium Overview Captain Johnston gave an update of the continued conversation of what the consortium consists of and fence types. Overall staff feels that it would be best to join the consortium instead of buying our own fencing. If there is an incident or an event, there will be fencing City of Columbia Heights MINUTES February 07, 2022 City Council Work Session Page 9 available to cover the bigger buildings where needed, and the fencing can be onsite within 8 hours. There will also be a labor is consortium of public works employees who would train on how to put up the fencing and be ready to be activated. If interested in this option we would look at securing the three sides of the PS building, and use this as a supplement if needed. Councilmember Jacobs stated that she is concerned about times where there is significant usage and how would this impact the ability of Columbia Heights to use the fencing. Captain Johnston stated that the more communities using this, the more availability for fencing. Minneapolis is not a part of this program, and St. Paul has contributed but they are only allowed to use a portion of the capabilities. Overall this is a much better long term option for storage and expense. We would still need to purchase some supplies, but based on what we are looking at this is a better cost option. Councilmember Buesgens stated that she feels this is a good option for the communities. Councilmember Murzyn feels that this is a good idea as well. 8. Winter Parking Meeting Recap Public Works Director Hansen and Captain Johnston gave a recap of the meeting that was held on January 18, 2022. After the meeting and input from residents, Public Works and the Police Department met with the City Manager. Overall there was a focus on updating practices related to plowing and snow removal needs. Tonight they want to status with City Council on what additional follow up is needed as they all attended the meeting. Councilmember Buesgens would like more education about what is like to be a plow driver. Director Hansen stated that we are working on the video / education related this topic. Mayor Márquez Simula stated that overall residents like the street plowed, no one likes how Minneapolis streets look. People are concerned about the overnight parking restrictions. Councilmember Jacobs wants to see a focus on ticketing and towing. People are reaching out to her for more enforcement. She knows a lot of this is coordinated with residents calling regarding the cars that are the issue. She would like to see an alternative option for people without the ability to have off street parking. She would like this to be in place for next winter. Councilmember Novitsky clarified what occurs in Minneapolis. There is a three day system in Minneapolis, and cars cannot be towed until they are ticketed during a snow emergency. Overall he would like to see enforcement to get the road cleared curb to curb, because cars not moving can damage equipment. Possibly some of the vehicles that are not moving City of Columbia Heights MINUTES February 07, 2022 City Council Work Session Page 10 have been stolen or abandoned. He would also like to see snow parking options / spots for parking in parks if the lot has been plowed. Councilmember Buesgens would like to see neighbors and businesses helping each other with parking options. Mayor Márquez Simula would like to start the overnight parking restrictions on November 15th instead of the 1st because people are not into winter mode yet. She feels that the data does not support starting the restrictions so early in November. Councilmember Jacobs feels that starting later prevents the ability of people to get into the swing of moving their car. She would also like to see online processing for the applications for overnight permits, and one night exceptions. Councilmember Murzyn would like to keep the start date for restrictions the same. We have gotten to the point where residents know this is the policy, and this allows fire rescue / police and plows can get through the streets. Councilmember Novitsky feels that the dates for restrictions are consistent with other cities. He would like to have alternate options for snow parking. The way the ordinance is allows the streets to be safe for the bikers and walkers, and we are not enforcing unless absolutely necessary over the holidays. Councilmember Buesgens stated that she feels that it’s a hard call and there are lots of things to take note of before moving on. 9. Updates to the Solid Waste Operating Policy (SWOP) Director Hansen stated that he wanted to get the information regarding SWOP out early so that we can confirm that we are concluding the current contract and start to get bids for Council to review for a new provider. The current contract does have the ability for a two year extension, but council agrees that the request for bids should occur. Jessie Davies presented updates needed for the SWOP Policy based on feedback from residents, staff, and Council. Many of the changes are in section two of the policy related to goals and plans. Councilmember Buesgens asked if the RFP information is based on what is occurring with other cities as well as the problems we are experiencing. Davies stated that overall there is a truck driver shortage, but with Covid it has become more profound. There is a pull from CDL Garbage Truck Drivers to Long Haul Drivers. Waste Management is doing their best to increase retention for drivers and customer service center employee. City of Columbia Heights MINUTES February 07, 2022 City Council Work Session Page 11 Councilmember Jacobs inquired as to how many years we have been with Waste Management. Davies stated that we have been with Waste Management for 5 years, and there were issues with their services before Covid. Councilmember Novitsky feels that this is a management issue, and that Waste Management does not enforce or train their employees on the specialized contract that they have with Columbia Heights. He feels that full service pickup is not occurring per the contract. Councilmember Jacobs feels that they are not following the contracts. Based on social media some communities have great success with Waste Management and others have the same issues as Columbia Heights. Mayor Márquez Simula is curious if other companies are having the same issues. If this is the case we will run into the same concerns with other providers. Councilmember Buesgens wanted to know how we are vetting the RFPS. She felt that SLP had a great experience with Waste Management. She does not understand how the first year was so bad, or how the specialized contracts are enforced. Davies stated that the technology of the truck has changed in the past years. Staff thinks that it might be best to break up the services, and to drop a contract if there are repeat concerns. It might make it easier for local haulers to enter into a contract if they are smaller portions of the larger puzzle. Councilmember Buesgens was curious about further assistance regarding diverting items from the landfill. She also inquired about percentage of organic composters. Davies stated that about 25% of homes are using the composting program. There is a continued focus on keeping items from the landfill and opportunities to do so. Councilmember Novitsky was curious about squirrel proof lids on the garbage cans. Davies stated he has not heard that this is an issue for other communities are not an issue for other communities. Overall the updates to the SWOP Policy allow us to continue to make an effort to purchase our own carts and get better lids. Mayor Márquez Simula likes the updated wording in the SWOP Councilmember Novitsky would like to see an expansion related to a furniture drop off location that is manned at the same location as the recycling center. Could there be a discussion of a team of volunteers to man the center, pickup large items. City of Columbia Heights MINUTES February 07, 2022 City Council Work Session Page 12 Davies stated that the new contract would include bulk pickup and diversion of salvageable furniture. A lot of residents are not able to haul this type of thing, because rental of the trailer is not an option. Councilmember Jacobs would like to focus on quality of trash removal services first before addressing bulk items. Councilmember Buesgens would like a timeline for the RFP’s and how the SWOP will guide the process. Davies stated everything needs to be completed by October 1, and information should be available in July. 10. 37th Avenue – Final Layout Director Hansen led a presentation on the updates related to the project on 37th Avenue. There will be a reduction in the eastbound and west bound traffic lanes, with dedicated turn lanes. There will also be added time to the signal at Central to move through the intersection. There has been a holistic look at a more pedestrian friendly area. There will be raised concrete medians that allow for a safe place to cross the intersection. The traffic signal at 37th and Johnson will be reviewed. At Hart Blvd there will be a rapid transit location. There will be a concrete median to stop cars from passing the busses. Currently 37th place is very wide, and the south curb line will be pulled in. The trail will be brought in and the improvement of the street will allow for that intersection to be a 90 degree angle. They are starting to look at easement acquisitions. There will be a need for retaining walls and there will be about 20 properties that will need temporary easements. The plan submittal will occur in August and there will be a 2 month review, with bids concluding at the end of the year. The entire construction season will occur in 2023, and will last about a year. There will be a need for some shifts in utilities, particularly the utility poles. Mayor Márquez Simula was curious about the driveway that exists into the previous Unique Property. Director Hansen stated that the property does also have access on McKinley. The driveway access would improve, but the access is not close enough to be of concern. 11. MS4 Permit Requirements – Ordinance Updates Director Hansen stated that last year it was discussed that in 2022 we are entering the final year of the MS4 Permit. In the final year there are more teeth needed in what we are doing and there are three different ordinance updates/changes that are needed:  Chapter 8.1 re Animal Waste. Larger issue related to enforcement.  Chapter 8.7 re Salt Storage (includes City Operations). We are where we need to be as a City. There would need to be inspection of businesses using salt.  Chapter 9.1 re Construction permits. We would now be in compliance with the additional for waste control related to watershed districts. Public Works will review with City Clerk to get changes made to the code. City of Columbia Heights MINUTES February 07, 2022 City Council Work Session Page 13 Councilmember Buesgens inquired about additional changes that are needed. Hansen clarified that these changes would be policy changes not changes to the City Code. 12. Council Agenda Community Forum Discussion Councilmember Novitsky would like to know if there would be changes to how the community forum is run. He felt that at the May Work Session there were some rules established regarding non-residents addressing the council. He felt that there were a lot of nonresidents addressing the council at the last meeting. He was also concerned that Mayor Márquez Simula used the forum as an opportunity to make a personal statement and this statement created an issue with hostile speakers. Mayor Márquez Simula stated that she felt this was a special topic. She feels that there were families who needed to address the council. She has heard council members give feedback during the community forum. She felt that it was an opportunity for Council to give heartfelt feedback. Councilmember Novitsky stated that the statement she made should have been added to the agenda. He feels that Mayor Márquez Simula knew that there would be issues, and promoted the use of the Community Forum. There are always going to be special issues and concerns. He wants items to be added to the agenda and wants to know why this statement was not added to the agenda. He stated that it was not appropriate to make the opening statement and that it was unfair to the rest of the Council members for the Mayor to open the Community Forum with her own personal statement before there was any community members presenting their concern. Mayor Márquez Simula felt that it made the most sense to address the issue during the Community Forum and to allow people to know they are being heard and that council is being empathetic. She feels that she made a statement about all of the people who are coming to speak. She hopes that there is never another situation where this occurs. Councilmember Jacobs stated that she asked that she be recognized next. She feels that the parameters were clear at the May Work Session, and that there were individuals without a direct connection to Columbia Heights, and that this should have been handled differently. Further the Mayor made a personal statement of her own and for her to say that she can make this statement is disrespectful to the Council. There was nothing on the agenda to indicate the personal statement would be made, and there was not an opportunity for others to do the same. To state that she can do whatever she wants, is not necessarily so and is disrespectful. Mayor Márquez Simula stated that if she felt that it made sense to say something, she would like to say something. She feels that she asked City Manager Kelli Bourgeois about the situation and that City Manager Bourgeois has the cities best interest at heart and City of Columbia Heights MINUTES February 07, 2022 City Council Work Session Page 14 understands potential liabilities. She stated that she did not feel that we should sensor anyone who wanted to speak during the open forum. She did not feel that this statement should be an agenda item, as it was not being voted on. It was an opportunity to address the elephant in the room and an empathetic moment was needed. She was surprised that others did not express their concern. Jacobs stated that her issue was not censoring individuals. It should be to censor Council, and that should have occurred related to the Mayor’s statement. Jacobs stated that she did not feel that she was able to express her empathy or be allowed to address the concerns of the residents as the opening statement says that Council will only ask clarifying questions. City Manager Bourgeois stated that yes people can address the Council, and there is liability when censoring who can speak during the Community Forum. She further clarified that she cannot say that a personal statement cannot be given. It is not her place to say that something is disrespectful to Council cohorts. Councilmember Jacobs clarified that City Manager Bourgeois did not did not condone or object to the commentary. Councilmember Buesgens feels that everyone was able to express empathy. She feels that statements have been made by Council in the past, but not promises to fix something. Councilmember Jacobs stated that she can accept what Councilmember Buesgens expressed. She feels that there was a much stronger or broader message than just being empathetic, and that Mayor Márquez Simula made a much stronger and broader statement. She stated that the comment from the Mayor would be more appropriate at the end of the forum and thought her position threw the City under the bus. Councilmember Novitsky stated that the statement was disrespectful and poor leadership. Everyone is empathetic and trying to follow the rules that were established. He would appreciate if personal attacks were not allowed and her personal statement set the tone for what occurred. He was following the best practice, and because of this came across as not empathetic. Mayor Márquez Simula stated that was an opinion that it was poor leadership. It was not her intention to disrespect Council and her intent was not to not put it on the agenda. She understands that her actions impacted everyone. She does not feel that the Community Forum needs to be changed. She will inform council if something needs to be addressed and place it on the agenda. Councilmember Jacobs feels that the Community Forum is for the residents to address Council not for Council to make statements. Historically Council has not made statements. Councilmember Novitsky feels that there needs to be communication if there are changes being made, or a statement made. City of Columbia Heights MINUTES February 07, 2022 City Council Work Session Page 15 Mayor Márquez Simula does not feel that anything needs to be changed. She will have the City Manager send an email if something comes up and needs to be added to the agenda. Councilmember Novtisky felt that the statement was snuck in at the last moment to blindside the council and was a bad situation. It was a good Community Forum except for the start of the forum with her personal statement. He would like a statement like that to be added to the agenda. ADJOURNMENT Meeting adjourned at 10:26 pm. Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary