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HomeMy WebLinkAbout11-10-2025 City Council Meeting Minutes CITY COUNCIL MEETING Mayor Amáda Márquez Simula Councilmembers Connie Buesgens Rachel James Justice Spriggs Laurel Deneen City Manager Aaron Chirpich City Hall—Council Chambers, 3989 Central Ave NE Monday, November 10, 2025 6:00 PM MINUTES The following are the minutes for the Meeting of the City Council held at 6:00 pm on Monday, November 10, 2025, in the City Council Chambers, City Hall, 3989 Central Avenue NE, Columbia Heights, Minnesota WELCOME/CALL TO ORDER/ROLL CALL Mayor Márquez Simula called the meeting to order at 6:07 pm. Present: Mayor Márquez Simula; Councilmember Buesgens; Councilmember Deneen; Councilmember James Absent: Councilmember Spriggs Also Present: Aaron Chirpich, City Manager; Mitchell Forney, Community Development Director; Sara Ion, City Clerk; Travis Lutz, Assistant City Attorney; Dan O’Brien, Fire Chief; Brad Roddy, Assistant Fire Chief; Emilie Voight, Community Development Director; Bill Burton, City resident; Junia James, CHHS GSA President and City resident. 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. Columbia Heights City Council and Staff Norms. While we are accountable to each other for these norms, the Mayor and City Manager will help us adhere to them with respectful reminders and reinforcement as needed. PLEDGE OF ALLEGIANCE "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." APPROVAL OF AGENDA Motion by Councilmember Deneen, seconded by Councilmember James, to approve the Agenda as presented. All Ayes, Motion Carried 4-0. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Paul Dingman Day Proclamation. Accepting Proclamation: Family of Paul Dingman. City of Columbia Heights MINUTES November 10, 2025 City Council Meeting Page 2 Mayor Márquez Simula proclaimed November 10, 2025, as Paul Dingman Day and read the City’s proclamation. Karol Dingman accepted the Proclamation and thanked the Council for honoring her husband Paul. She explained that Paul loved the City and grew up in the City. She noted that he looked for many chiropractic offices in the metro area while he was looking to start his business. He found a location in the City on 37th Avenue and started Northeast Chiropractic. She added that Paul wanted to serve the residents of Columbia Heights. She noted that Paul would have been very honored and humbled by the Proclamation. B. Veteran's Day Proclamation. Accepting Proclamation: Bill Burton Mayor Márquez Simula proclaimed November 11, 2025, as Veterans’ Day, and Councilmember Buesgens read the City’s proclamation. Bill Burton, City resident, accepted the Proclamation and thanked the Council for the Proclamation. He noted that he was proud to serve in the army. He volunteered for the army in 1959 and went to school to be a mechanic. He stated that he became a tank mechanic for the 37th Armored Battalion. C. Trans Day of Remembrance Proclamation. Accepting Proclamation: Junia James, CHHS GSA President. Mayor Márquez Simula proclaimed November 20, 2025, as Transgender Day of Remembrance, and Councilmember James read the City’s proclamation. CHHS GSA President, Junia James, accepted the Proclamation and explained that the GSA is a safe place for LGBTQ youth and allies in the school to build community and have a place of safety and connection. They thanked the Council for the Proclamation. Transgender Day of Remembrance is a very important day to remember the protests against the violence that transgender individuals have experienced. It is important to have an accepting City and school in order to stand together as a community instead of being divided by violence. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Councilmember James thanked the City staff and State Senator Mary Kunesh for helping host the Senate Capital Investment Committee, and for hearing the City’s request for $14 million in bonds for the new Public Works building. She mentioned she attended the Council work session. She added that many residents are being affected by the pause in SNAP benefits. There are many local businesses that are offering to help hungry people. A community member started a GoFundMe to purchase gift cards for local grocery stores. She urged federal representatives to make sure that SNAP benefits are funded. City of Columbia Heights MINUTES November 10, 2025 City Council Meeting Page 3 She noted that a number of community members reached out regarding the Columbia Heights Police Department’s partnership with Flock for automatic license plate readers. Community members wondered if the information was being shared with ICE. She noted that there are specific written agreements on who the Police Department is allowed to share the information with. The Police Department does not have an agreement with ICE to share the data. Councilmember Buesgens stated she attended the local government meeting. HeightsNext donated 40 pounds of sun chokes from the Blooming Sunshine Garden to SACA. She noted that she attended the Minnesota Senate tour of the Public Works building and asked for funding for the new building, and attended the Heights Theater. She mentioned that she attended the senior program, Doyle Larkin’s funeral, and the MWMO Executive meeting. Councilmember Deneen mentioned that she attended the Senate Capital Investment bonding tour with Councilmember James and Councilmember Buesgens, and the EDA meeting. She noted that there are food drives at all of the schools. Mayor Márquez Simula explained that she was in Portland for the Impact Transit and Community Conference. She added that she went to Mexico City and noted their progress in metro transit. She explained that there are pink zones where only girls and women are allowed to ride to ensure their safety. She stated she attended the Regional Council of Mayors meeting and will attend an Armistice Day event tomorrow. Report of the City Manager City Manager Chirpich stated that City offices would be closed on November 11th in observance of Veterans Day. Winter parking restrictions begin on November 15th. The City has an Ordinance regulating overnight parking where it is unlawful to park any vehicle on the street within the City from November 15th to March 15th between 2:00-6:00 am unless a permit has been issued. Applications for parking permits can be found on the City’s website. City Manager Chirpich noted that the City has a new water use monitoring portal called Get My Meter Info, which is available online. The portal allows users to monitor water hourly, daily, and monthly through reports, and can set up alerts and alarms. City Manager Response to October 27, 2025, Community Forum Concerns. City Manager Chirpich mentioned that there was a resident who addressed a property maintenance violation they had received related to a food truck that was being parked at their residential home. The violation is an off-street parking violation of the City Code. The City is trying to balance commercial uses and how they interact with residential uses. He explained that City staff need to meet with the property owner to definitively determine that the truck meets the weight limit. If the City wanted to entertain a change, it would have to go through a code amendment process, and the Planning Commission would review it first. The property owner presented a petition during the last meeting, but it was not something that could be applied to the decision. City of Columbia Heights MINUTES November 10, 2025 City Council Meeting Page 4 COMMUNITY FORUM There were no public comments. CONSENT AGENDA Motion by Councilmember Buesgens, seconded by Councilmember James, to approve the Consent Agenda as presented. All Ayes, Motion Carried 4-0. Mayor Márquez Simula asked when the pancake breakfast would be for the Fire Department. Fire Chief O’Brien replied that it would be on Sunday, November 30th, from 11:00 am – 1:00 pm at Murzyn Hall. Tickets can be purchased at the door. 1. Approve October 27, 2025, City Council Meeting Minutes. MOTION: Move to approve the October 27, 2025, City Council meeting minutes. 2. Approve November 3, 2025, City Council Work Session Meeting Minutes. MOTION: Move to approve the November 3, 2025, City Council Work Session meeting minutes. 3. Approval of Resolution 2025-83, Authorizing the Acceptance and Allocation of Funds for the Fire Department. MOTION: Move to waive the reading of Resolution 2025-83, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-83, authorizing the acceptance and allocation of funds as follows: $12,390.75 in MBFTE reimbursement funding and $4,800 in monetary donations. 4. License Agenda. MOTION: Move to approve the items listed on the business license agenda for November 10, 2025, as presented. 5. Rental Occupancy Licenses for Approval. MOTION: Move to approve the items listed for rental housing license applications for November 10, 2025, in that they have met the requirements of the Property Maintenance Code. 6. 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 $1,364,437.42. PUBLIC HEARINGS 7. Consideration of Resolution 2025-66 to Declare the Property at 725 49th Ave. NE a Public Nuisance. Presenting Item: Assistant Fire Chief Brad Roddy. City of Columbia Heights MINUTES November 10, 2025 City Council Meeting Page 5 Assistant Fire Chief Roddy stated that following a complaint received in December 2023, city inspectors investigated and found the property at 725 49th Avenue NE to be an unlicensed rental. Records indicated that the listed owner, Mary Sauk, had passed away in 2019, leaving no valid party to obtain the required occupancy license under City Code. After determining that the property was still occupied, the City posted it as “Unlawful to Occupy” in January 2024. Despite repeated postings and contact attempts with potential relatives and listed entities, no current owner could be identified through Anoka County records. Over the following months, City staff conducted multiple site checks confirming continued occupancy, removal of the notification placards, and additional property maintenance violations. Assistant Fire Chief Roddy explained that in mid-2025, after further noncompliance and consultation with the City Attorney’s Office and Police Department, a search warrant was obtained and executed on July 30, 2025. Two adult occupants were issued criminal citations for unlawful occupancy, and the property was again posted. Repeated inspections confirmed ongoing occupancy and removal of postings, leading to the disconnection of water service on August 29, 2025. By early September 2025, the property was found unoccupied, and emergency abatement was performed to secure and winterize the structure. Shortly afterward, an unauthorized entry occurred, requiring a second emergency re-securing of the premises on September 8, 2025. Assistant Fire Chief Roddy stated that as of October 20, 2025, the property is unoccupied, with all utilities disconnected. The structure is secured and winterized and remains posted as Unlawful to Occupy pending further action. Staff recommends the declaration of the property as a Public Nuisance and approving the emergency abatement, and any subsequent abatements, of the hazardous situation located at 725 49th Avenue NE. Councilmember Buesgens mentioned that the taxes on the house have not been paid for two years. After three years of taxes not being paid, it goes to the State. She asked if the City was waiting until that happened. Assistant Fire Chief Roddy agreed and explained that he reached out to the Anoka County Tax Assessor’s Office, and they confirmed that the house is slated to go into tax forfeiture in 2027. Mayor Márquez Simula opened the public. There were no public comments. Motion by Councilmember Deneen, seconded by Councilmember James, to close the hearing and waive the reading of Resolution 2025-66, there being ample copies available to the public. All Ayes, Motion Carried 4-0. Motion by Councilmember Deneen, seconded by Councilmember James, to approve Resolution 2025-66, being a resolution of the City Council of the City of Columbia Heights declaring the property located at 725 49th Avenue NE a public nuisance and approving the emergency abatement and any subsequent abatements of the hazardous situation located at the property. All Ayes, Motion Carried 4-0. City of Columbia Heights MINUTES November 10, 2025 City Council Meeting Page 6 ITEMS FOR CONSIDERATION Ordinances and Resolutions 8. Continued First Reading of Ordinance 1720, Being an Ordinance Amending Chapter 5.3 of the Columbia Heights City Code. Presenting Item: Community Development Coordinator Emilie Voight. Community Development Coordinator Voight stated the City Council held a public hearing for Ordinance 1720 during its meeting on October 27, 2025. During the hearing, tobacco product shop and accessory tobacco retailer license holders, residents, community organizers, and special interest and advocacy groups shared personal and professional testimony. The meeting packet included approximately 340 written comments received about the agenda item. Community Development Coordinator Voight noted that after closing the public hearing, the City Council discussed the item and voted in favor of extending the first reading of Ordinance 1720 to the November 10th meeting (3 in favor - 1 opposed). In preparation for the continuation of the first reading, the City Council directed staff to engage with licensees about timelines, to obtain clarifying information about packaging and pricing, and to evaluate the possibility of revising provision §5.303(H) to allow for one license sale or transfer for tobacco product shops. Community Development Coordinator Voight explained that the updated draft of Ordinance 1720, included in the packet, aligns with the City Council’s guidance: it offers the ability to extend the implementation timeline, provides the option to specify a different implementation date for the flavor prohibition, and includes language that would permit a one-time license succession allowance for existing tobacco product shop licensees. Community Development Coordinator Voight stated all written comments received by City staff since the October 27th City Council meeting have been included in the packet. In addition to comments concerning the licensing, packaging, and pricing, and flavor policies, staff have also received feedback from product shop licensees concerned about the self- service display restrictions proposed in §5.306(2). The attachments include an infographic about packaging from ANSR-MN, outreach correspondence between City staff and licensees about implementation, and a table of example passages and implementation dates from other Twin Cities area municipalities. Community Development Coordinator Voight stated as drafted, the ordinance has a blank effective date and a blank extended implementation date specifically for the flavor prohibition in tobacco product shops, in order to provide flexibility for Council discussion. Staff recommends that the City Council make motions to define these implementation dates and then proceed with approval of Ordinance 1720. Councilmember Buesgens pointed out page 109 in the Agenda Packet, which references allowing businesses to sell to another person when they decide to go out. She expressed City of Columbia Heights MINUTES November 10, 2025 City Council Meeting Page 7 her concern regarding the section. City Manager Chirpich suggested that Councilmember Buesgens make a motion to make an amendment to the Ordinance to remove the option. Any changes the Council makes would be brought back to the second reading. Councilmember Buesgens stated she did not support the transfer of tobacco businesses. The owners chose to sell a product that is addictive and causes serious health issues, which are overloading the healthcare system. The owners are well aware of the fight to reduce tobacco use when they began their business. Public health has been fighting to reduce tobacco use for 70+ years. She explained that she does not support the transfer of tobacco businesses because the businesses could be in business for decades, and it would not promote healthy living in the City. Councilmember James noted that tobacco business owners expressed concerns about whether they would suddenly die and need someone to be able to sell out the business. She did not agree with an open-ended transfer for any amount of time. She explained that she would be open to a shorter time period of one to two years to sell out the product. She added that she is comfortable with the business being allowed to be sold to anyone, but there needs to be a time limit. She proposed putting a cap of two years. Councilmember Deneen explained that some of the businesses are cultural and fit into other cultures. She proposed a longer phase rollout to allow for moving out of the business. That way, it would not bankrupt businesses. Mayor Márquez Simula stated she would be in favor of a two-year cap and a long rollout for the full ban. Councilmember Buesgens stated she would be in favor of a two-year cap. She expressed her concern that some leases can be long. Councilmember James mentioned that there are other cities like Bloomington and Richfield that have put flavor bans on tobacco shops, but the cities still have many tobacco shops operating in the area. She added that she would be in favor of a two-part implementation. Councilmember Buesgens expressed her appreciation for Councilmember James’s comments. Mayor Márquez Simula expressed her appreciation for the Council’s discussion and for community members commenting on their opinions on the item. Community Development Coordinator Voight explained that the Ordinance has two blank implementation dates. One date is for the Ordinance as a whole, the second date is for the flavors specifically. The Council could choose one date for everything or provide staff with additional guidance. Councilmember Deneen mentioned that some people in the community suggested different dates for vapes and flavored tobacco products. She suggested that the Council consider that. Mayor Márquez Simula added that a majority of the businesses suggested six to nine months for vapes. Councilmember Deneen agreed with the phased implementation approach that staff recommends, and the Council could change the dates to a two-year City of Columbia Heights MINUTES November 10, 2025 City Council Meeting Page 8 time period. Mayor Márquez Simula suggested changing the proposed July 01, 2028 date to January 01, 2028. Councilmember Buesgens asked why it would take two years to implement all of the flavored tobacco restrictions. She suggested January 01, 2027. Councilmember Deneen stated that it would not allow businesses enough time and that there should be a minimum of 18 months. Community Development Director Forney explained that the City currently does not differentiate between vapes and flavored tobacco products. He added that if the dates were tied together, it would help the City with enforcement of the Ordinance. Councilmember Deneen stated 18 months would be fair. Councilmember Buesgens stated she would be in favor of July 01, 2027, being the implementation date. Councilmember Deneen mentioned that the Council would need to consider when a lease ends for the businesses. She added that she would like to have two years to give business owners more time. Mayor Márquez Simula stated she was in favor of implementing the increase of penalties for violators, minimum pricing, and packaging size requirements on January 01, 2026, and letting businesses continue until January 01, 2028, to ensure that businesses have enough time to get out of leases and figure out what they are doing next. Councilmember James asked if the Council would consider a two-year amendment to the business transfer. Councilmember Buesgens asked if the two-year amendment would ensure that the dates were the same. Councilmember James replied that the two dates would be the same. Community Development Director Forney explained that he did not know if it would be legal to cut off the license after two years. Community Development Coordinator Voight clarified that the two-year period would be for the succession allowance. The new owner would be required to submit the same documentation, complete the same process for applying for the license. It would not be an automatic allowance. Someone would need to buy the business and then apply for the license. Councilmember Buesgens asked if it was legal to limit the business to two years. Community Development Director Forney replied that the provision would be that the business would be able to be transferred over the next two years. If they did not transfer the business within the two years, then they would no longer be able to have the succession. Councilmember Buesgens noted that it would allow businesses to be in business for 40-50 years, and is not in favor of that. She explained that when someone dies, the business usually goes into an estate through paperwork, and the family takes care of it. She stated she would not want to see a succession plan. Councilmember Deneen stated that the two options are to not allow a succession, or there is a possibility that the business could sell, but they would still have the restrictions on flavored products. Whoever comes in will have to choose to buy a business or sell the business because of the flavored products. She explained that she is fine with the two-year succession limit because it gives businesses a chance to get their money out of it. She added that she did not know how reasonable it would be for someone to come in and want City of Columbia Heights MINUTES November 10, 2025 City Council Meeting Page 9 to continue the business with the flavor ban in place. Either way, the flavor ban is in place, which is what the Council desired. Councilmember James asked if January 01, 2028, should be the cutoff for the succession date. Councilmember Deneen agreed that it should be the date in order to keep it simple. Councilmember James mentioned that having the same date as the flavor ban can create simplicity. Mayor Márquez Simula explained that giving the business owners the option to sell their business allows more flexibility for them. She added that tobacco products are still available in gas stations. She added her appreciation for the discussion since the Council desires a healthier City. Mayor Márquez Simula mentioned that Councilmember Spriggs could not attend the meeting but asked Mayor Márquez Simula to read a statement. The statement expressed his concern regarding not having a time limit on the license transfer portion of the Ordinance. He explained that he would be in favor of having a limit of one to two years. He expressed concern regarding a license transfer going to a 21-year-old, with the potential of having 40+ years of operation in the City before expiration. His main comments were on the aspect of implementation timelines. He expressed his desire to implement as soon as possible, but understands the financial burden it places on businesses. Many of the timelines provided by businesses seem too long, but he is in favor of extending the rollout to July 01, 2026, but not longer. Community Development Director Forney reviewed the amendment to the Ordinance. In chapter 5.303 under section C, number 5, section E would be added to read: “One-time succession allowance only applies if the tobacco product shop is sold to or ownership is transferred to the new owner on or before January 01, 2028.” The amendment would also encompass the amendment to chapter 5.306, section C, establishing the date for flavored tobacco products on July 01, 2028. The last point would be to amend section 12 of the Ordinance to have the rest of the Ordinance go into effect on July 01, 2026. Mayor Márquez Simula clarified that the full end of it would be January 01, 2028. Community Development Director Forney agreed and stated that the amendment to chapter 5.306, section C would set a date for January 01, 2028. The full Ordinance would go into effect on July 01, 2026. Community Development Coordinator Voight reviewed the dates the Council agreed to. On July 01, 2026, the general Ordinance would be implemented. The flavor provision and the succession provision would go into effect on January 1, 2028. Motion by Councilmember James, seconded by Councilmember Deneen, to amend Ordinance No. 1720 as presented by staff. All Ayes, Motion Carried 4-0. Motion by Councilmember James, seconded by Councilmember Deneen, to waive the reading of Ordinance No. 1720 as amended, there being ample copies available to the public. All Ayes, Motion Carried 4-0. City of Columbia Heights MINUTES November 10, 2025 City Council Meeting Page 10 Motion by Councilmember James, seconded by Councilmember Deneen, to set the second reading of Ordinance No. 1720, being an ordinance amending Chapter 5.3 of the Columbia Heights City Code, for November 24, 2025, at approximately 6:00 p.m. All Ayes, Motion Carried 4-0. ADJOURNMENT Motion by Councilmember Buesgens, seconded by Councilmember James, to adjourn. All Ayes, Motion Carried 4-0. Meeting adjourned at 7:28 pm. Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary