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HomeMy WebLinkAboutFebruary 11, 1991OFFICIAL PROCEEDINGS C0LUt~BIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY !1, 1991 Mayor Carlson called the meeting to order at 7:00 p.m.. 1. ROLL CALL Nawrocki, Clerkin, Ruettimann, Carlson present Paterson - absent 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were on the Consent Agenda: Minutes of Previous Meeting The Council approved the minutes of the January 28, 1991 Regular Councll meeting as presented and there were no corrections. Conditional Use Permit - Linder Greenhouses, 4300 Central Avenue The Council approved a conditional use permit for L.inder Greenhouses to allow the operation of a temporary greenhouse structure in the parking lot of ,.. Central Valu Mall, 4300 Central Avenue from April 15 through June 28, 1991, provided a $500 check is submitted to the City as deposit to assure removal of the structure by the date specified. .Request to Consume Beer at Sulllvan Lake Park The Council authorized the Glen Baggenstoss family to consume beer in ac- cordance with City Code at Sullivan Lake Park at a family reunion on August 17, 1991. License Applications The Council approved the 1991 license applications as listed upon payment of proper fees. Payment of Bills The Council authorized the payment of bills as listed out of proper funds. 4. APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Clerkin to approve the consent agenda as presented. Roll call: All ayes 5. OPEN MIKE There was no one present for Open Mike. 6. PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS a. 1991 Community Development Block Grant Program Tile City Manager reviewed the recommendations for funding from the Community Development Block Grant Program received from the HRA and from the Human Services Commission. Approximately fifteen percent of the total funding from this program for Columbia Heights is earmarked for public service projects. Representatives of public service projects and organizations spoke on behalf of their funding requests. They were representing the following organizations: Anoka County Community Action Program, Central Center for Family Resources, Courage Center, Friends of the Library, Hot Heals for Shut-Ins, Little Voya- geur's Montessori School, Lutheran Soclal Service and Southern Anoka Community Assistance. Regular Councll Meeting February 11, 1991 page 2 Discussion continued regarding the recommendations of the HRA, specifically about the expansion of the Housing Rahab Program and the establishment of a revolving'business loan program. Mayor Carlson felt $500 should be taken from the funds for Lutheran Soclal Service and given to the Friends of the Library. Councilmember Nawrocki indicated his support of increase funding to programs which benefit Columbia Heights residents as much as possible. He recommended an increase of funding to the Senior Outreach Program to its original request of $8,848 (an increase of $4,000 from the original recommendation); an increase in funding to the Friends of the Library of $2,000 to its orig|nal request of $3,000; and, reinstatement of the Sister City Program with funding in the amount of $1,000. Motion by Nawrocki to add $4,000 to the Senior Outreach Program, $2,000 to the Friends of the Library request and $1,000 to the Sister City Program with a decrease of $2,000 to Courage Center and a decrease of $5,000 to Lutheran Social Services. Hotion dies for lack of a second. Motion by Clerkin, second by Ruettimann to concur with the funding recom- mendations of the HRA Board of Commissioners and Human Services Commission for use of the 1991 Community Development Block Grant funds as follows with the amendment of an additional $500 going to the Friends of the Library and a reduction of $500 of the allocation to Lutheran 5ocial Services: Expansion of Housing Rehab Program Handicapped Improvements to Public Buildings LaBelle Pond Water Managment Plan Study Establish Revolving Business Loan Program Public Service Projects Anoka County Community Action Program (Senior Outreach Program) Central Center for Family Resources (Bridgeview Club Transportation Courage Center (Parent Education/Support) Friends of the Library (Reading Materials) Hot Heals for Shut-Ins Little Voyageur's Montessori School (Playground Equipment) Lutheran Social Services of Minnesota (Transitional Housing Program) Southern Anoka County Assistance (Computer Equipment) $20,000 34,382 * 20,000 45,OOO 21,000 4,848 1,500 2,000 * 1,500 * 3,000 1,652 4,500 2,000 $140,382 *Amounts may be reduced should City not receive full funding. Roll call: Clerkln, Ruettimann, Carlson - aye Nawrocki - nay b. Second Reading of Ordinance No. 1215; Amending Ordinance No. 853, City Code of 1977, Pertaining to Sexually Oriented Business The City Manager reviewed the ordinance and the recommendations for amendments made by the Planning and Zoning Commission. Discussion continued regarding portions of the ordinance which may need to be defended in court. Council- Regular Councll Meeting Febuary I1, 1991 page 3 member Ruettimann requested that the City Attorney and the Executive Director of the HRA review the ordinance and its propesed changes and return to the Council with their findings. Motion by Nawrocki, second by Ruettimann to continue the public hearing of Ordinance No. 1215 until later in the meeting. Roll call:.All ayes c. Resolution Regarding Regional Transit Board .Proposal- for Sales Tax Councilmember Nawrocki requested the last paragraph be amended to read "Be it further resolved that the City of Columbia Heights support a regional tax for purposes of building a light rail transit system," rather than "support an additional 1¢ sales tax for purposes of building a light rail transit system." Motion by Nawrocki, second by Clerkin to waive the reading of the resolution there being ample copies available for tbe public. Roll call: All ayes Councilmember 'Ruettimann stated that the sales tax .hasn't been 'used for the purposes for which it was intended and he sees the funds from this tax being..' used as a tool f~r raising f~'hds which may be used for something else rather than light tall ~ransit. Councllmember Nawrocki disagreed and felt this tax would not be put in olace if it does not go to light rail transit. Mayor Carlson felt that light rail transit as proposed held no benefit for residents of Columbia Heights. Councilmember Nawrockl discussed the merits of light rail transit. Councilmember Ruettimann observed that in light of the current budgetary shortfalls being predicted by the State there wi11 probably be legislation prohibiting the passage of any light rail transit funding. RESOLUTION NO. 91-08 LIGHT RAIL TRANSIT RESOLUTION WHEREAS, the City of Columbia Heights supports improvement and additional capacity to our transportation system to move people; and WHEREAS, the City of Columbia Heights supports a transportation system that is multi-modal; and WHEREAS, the 1989 Minnesota State Legislature directed the Regional Transit Board to prepare a Light Rall Transit Development and Financial plan for the metropolitan region; and WHEREAS, The Regional Transit Board submitted to the Minnesota State Legls- lature its Light Rall Transit Reglonal Development and Financial Plan in a timely manner; and WHEREAS, the seven regional railroad authorities in the metropolitan region, the Metropolltan Council and the Regional Transit Board have concluded that implementation of light rail transit w111 be of benefit in reducing congestion and air pollution; NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights supports the Regional Transit Board's phased development plan for a light rail transit system in the seven county metropolitan area with the first phase of con- struction between Minneapolls and St. Paul; and Regular Council Meeting February Ii, 1991 page 4 BE IT FURTHER RESOLVED that the City of Columbia Heights supports a regional tax for purposes of building a light rail transit system. Offered by: Seconded by: Roll call: Nawrocki Clerkin Nawrocki, Clerkin - aye Ruettimann~ Carlson - nay PASSAGE OF RESOLUTION FAILS. Ordinance No. 1215 (cont.) The City Attorney advised the Council of his recommendations regarding amend- ments to Ordinance No. 1215. He recommended in Section 5.613(8)(a) the phrase ", or 150 feet from any park" be added and in Section $.613(8)(b) the 600 feet be changed to 400 feet. Motion by Nawrocki, second by Ruettimann to waive the reading of Ordinance No. 1215 with the proposed amendments as recommended by-the City Attorney there . being ample copies available for the public. Roll call: All ayes ~' ORDINANCE NO. 1215 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO SEXUALLY ORIENTED BUSINESSES The City of Columbia Heights does ordain: SECTION I: The purpose and intent of this ordinance is to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the City of Columbia Heights and to establish reasonable and uniform regu]ations to: a. Prevent additional crimlnal activity; b. Prevent deterioration,of neighborhoods and its consequent adverse effect on real estate values of properties within the neighbhorhood; c. To locate sexually oriented businesses away from residential areas, schools and churches; d. Prevent concentration of sexually oriented businesses within certain areas of the City. The provisions of this ordinance have neither .the purpose nor effect of imposing a ]imitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access to distributors and exhibitors of sexually oriented entertainment to their intended market. SECTION 2: §5.613 of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows: 5.613(1)(a) No person shall own or operate a Sexually Oriented Business without having a valid license issued by the City. Regular Council ~teeting February 11, 19~]1 page 5 5.613(2) Any of the following activities and businesses described below are 'Sexually Oriented Businesses" as defined in this Code: (a) Adult Body Painting Sudio: An establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the body of a patron when such body is wholly or partially nude in terms of 'specified anatomical areas". (b) Adult Book and Media Store: An establishment having as a substantial portion of its stock in trade or stock on display books, magazines, films, videotape or other media which are characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or 'specified anatomical areas". (c) Adult Cabaret: An establishment which provides dancing or other live entertainment, if such establishment excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction or description of "specified sexual activities" or "specified anatomical areas. (d) Adult Companionship Establishment: A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on 'specified sexual activities" or "specified anatomical areas". (e) Adult Establishment: ~Any bustness which offers its patrons services, entertainment or the sale of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to "specified sexual activities" or "specified anatomical areas". (f) Adult Entertainment Uses: Adult uses include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body patnttng studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or tn which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or 'specified anatomical areas" which are capable of being seen'by members of the public. Activities classified as obscene as defined by Minnesota Statutes 617.241 are not included. Regular Council Meeting February 11, 1~1 page 6 (g) Adult Hotel or Motel: Adult hotel or rote1 means a hotel or motel room which minors are specifically excluded from patronage and wherein material is presented which ts distinguished or characterized by an emphasis on matter depicting, describing or relating to 'specified sexual activities' or 'specified anatomical areas'. (h) Adult Massage Parlor/Health Club: A massage parlor or health club which resricts minors by reason of age, and which provides the services of massage, if such service ts distinguished or characterized by an emphasis on 'specified sexual activities" or 'specified anatomical areas'. (t) Adult Mini-Motion Picture Theater: (i) An enclosed building with a capactty for less than 50 persons used for presenting motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or 'specified anatomical areas". (ii) Any business or building which presents motion pictures, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to 'specified sexual actvittes" or 'specified anatomical areas", for viewing on the premises, including but not limited to private booths, viewing by means of coin operated or other mechanical devices, and the viewing of excerpts of motion pictures offered for sale or rent. (j) Adult Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in 'specified sexual activities" or display 'specified anatomical areas" while being observed, 'painted, painted upon, sketched, drawn; sculptured, photographed, or otherwise depicted by such customers. (k) Adult Motion Picture Arcade: Any place to which the public is permitted or tnvtted whereln cotn or token-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing 'specified sexual activities" or "specified anatomical areas'. (1) Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting ltve entertainment or motion pictures, including but not ltmlted to film and videotape, having as a dominant theme Regular Council Heating February !i, 1991 page 7 material distinguished or characterized by an emphasts on matter depicting, describing, or relating to 'specified sexual activities" or 'specified anatomical areas' for observation by patrons theret n; (mi Adult Novelty Business: A business which sells, offers to sell, or displays devices which simulate human genitals or devices which are designed for sexual stimulation. (n) Adult Sauna: A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on 'specified sexual activities' or "specified anatomical areas". $5.613(3) For purposes of this section, the followt-ng words shall have the following meanings ascribed to them: (a) Church: A building or structure, or group of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and associated accessory uses. (bi School: A public school as defined in Minnesota Statutes $120.05 or a nonpublic school or a nonsectarian nonpublic school as defined in Minnesota Statutes $123.932. (c) Specified Anatomical Areas: Specified anatomical areas are any of the fol 1 owl ng: (ti (tt) Less than completely and opaquely covered: (a) human genitals, pubic region, or pubic hair; (bi buttock, and (c) female breast below a point t~mnediately above the top of the areola; and Human male genitals in a discernibly turgtd state, even if opaquely covered. (d) Specified Sexual Activities: (ti Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: antllngus, buggery, coprophaoy, coprophtlta, cunnlltngus, fellatto, necrophtlta, pederasty, pedophtlta, ptquerism, sapphtsm, zooerasty; or (tt) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or (ttt) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or Regular Council Meeting February 11, lggl page 8 (tv) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or (vi Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, ~orture, fettering, btnding or other physical restraint of any such persons; or (vi) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or 5.613(4) (vii) Human excretion, urination, menstruation, vaginal or anal irrigation. Every application for a license under this chapter shall be verified and filed with the City Clerk. 5.613(5) Except as specifically provided in this Code, no person may erect,,, convert, enlarge, reconstruct or alter, or use any land or structure for any purpose nor in any manner which is not in conformity with this chapter. 5.613(6) 5.613(7) No Sexually Oriented Business shall engage tn any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the City of Columbia Heights, the laws of the State of Minnesota. or the United States of America. Nothing in this ordinance shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale, or distribution of obscene material generally, or the exhibition, sale, or distribution of specified materials to mi nors. All Sexually Oriented Businesses which were lawfully in existence as of the effective date of this ordinance end which were rendered nonconforming by the application of this ordinance shall be abated within three (3) years of the ~ate of enactment of this chapter. 5.613(8)(a) No Sexually Oriented Busines may be located within 200 feet of any residential zoning district boundary or less than 500 feet from any church or school, or 150 feet from any park, (bi No Sexually Oriented Business may be located within 400 feet of another Sexually Oriented Business. $.623(9) No Sexually-Oriented Business shall be open to the public between the hours of 21:00 p.m. to 8:00 a.m. of the following &my. 5.623(XO)(a)The premises on which a Sexually Oriented Business is located shall prevent off-site viewing of its merchandise by completely covering the windows end ~oors of its operation with mn opaque covering. (b)All entrances to a Sexually Oriented Business, with the exception of emergency fire exits which ere not usable by patrons to enter the business, shall be visible from a public right-of-way. Regular Councll Heetlng February 11, 1D91 page D (c)The layout of the dtsplay areas of a Sexually Oriented Bustness shall be destgned so that the management of the establishment and any law enforcement personnel can observe all patrons whtle they have access to any merchandise offered for sale or vtewin9 Including but not ltmfted to books, magazines, photographs, videotapes, or any other persons Or materials. id)The extertor of the premises on whtch a Sexually Ortented Business ts located shall be Illuminated in a manner adequate to observe the location, activities, and tdenttty of all persons on the extertor .pram1 se s. (e)No premises on which a Sexually Oriented Business is located shall contain partitions between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual acttvtty between persons on either side of the partition. (f)No premises on which a Sexually Oriented Business is located may have booths, stalls, or partitioned portions of a room, or individual rooms, used for the viewing of motion pictures or any other form of entertainment, having doors, curtains or portal partitions, unless its booths, stalls, partitioned portions of a room, or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a manner that the persons in the areas used for viewing motion pictures or any other form of entertainment are visible from the adjacent public room. 5.613(11) No Sexually Oriented Business shall display a sign containing representational depictions of an adult nature or graphic descriptions of an adult theme. $.613([2)(a)Any license issued under this chapter is valid only for the licensed premi se s. (b)Applicattons for license must be made on forms provided by the City. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of the total floor space occupied by the business. The sketch or diagram must be a drawing to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Once a license is granted, no change in the premises may be made without the applicant having first mm-applied to the City and demonstrating that the applicant has complied with all of the this chapter. (c)The appltcantmust furnish all the Information required to be furnished by an applicant for an intoxicating liquor license under $5.503, except the information required by S5.$03(4)(c)(x), and must furnish any other information mmqutredby the City relevant to any matters addressed by this chapter. id)The applicant must be qualified according to the provisions of this chapter and the premises must be Inspected and found to be in compliance with the law by the health department, fire department, and butldtno nfficial. Regular Council Meeting February 11, 1991 page I0 5.613(13) The Ctty Manager shall recomnend approval of the tssuance of a 11cense by the Ctty to an applicant withtn forty-five (45) days after the receipt of an application unless he ftnds one or more of the following to be true: (a) An applicant ts under 18 years of age. (b) An applicant or an applicant's spouse ts overdue in his pajnnent to the City, County or S~te of ~xes, fees, fines, or penalties assessed against him or tmposed upon him in relatton to a ~xually Oriented Business. (c) An applicant has failed to provide information reasonably ~cessary for issuance of the license or has falsely answered a questton or request for information on the application form. (d) An applicant or an applicant's spouse has been convicted of a vfolatton of a provision of this chapter, other than the offense of operating a Sexually Oriented Business without a license, ~,. within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. (e) An applicant ts restdtng with a person who has been dented a 11cense by the Ctty to operate a Sexually Ortented Bustness within the preceding 12 months, or restding with a person whose 11cerise to operate a Sexually Oriented Bustness has been revoked wtthtn the preceding :Z2 months. (f) The premises to be used for the Sexually Oriented Business have not been approved by the health department, fire department, and the building official as being in compliance with applicable laws and ordinances; such inspections shall be completed within' thirty (30) days from the date the application was submitted, provided that the application contains all of the information required by this ordinance. If the application is deficient, the inspections shall be completed within thirty (30) days from the date the deficiency has been corrected. (g) The license fee or investigation fee required by this chapter has not been paid. (h) An applicant has been employed in a Sexually Oriented Business in a managerial capacity within the preceding Zz months and has demonstrated that he is unable to operate or manage a Sexually Oriented Business premises tn a peaceful and law-abiding manner, thus necessitating action by law enforcement officers. (t) An applicant or applicant's spouse has been convicted of a crime involving any of the following offenses: Any sex crimes as defined by Minnesota Statutes $09.29 through 609.352 inclusive, or as defined by any ordinance or statute in conformity therewt th; Any obscenity crime as defined by Minnesota Statutes 617.23 through 617.299 inclusive, or as deftned by any ordinance or statute tn conformity therewith; Regular Council Neeting February Il, I~1 page 11 for whtch: less than two years have elapsed stnce the date of conviction or the date of release from confinement tmposed for the conviction, whichever is the later date, tf the conviction is of a misdemeanor offense; less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; or less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whechever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24 month pertod. (J) The fact that a conviction is betng appealed shall have no effect on the disqualification of the applicant or applicant's, spouse. (kB An applicant who has been convicted or whose spouse has been convicted of an offense listed in Subsection 5.613(13)(t) may qualify for a Sexually Oriented Business license only when the time period required by Subsection $.613(13)(t) has elapsed. For purposed of this section, the requirements imposed on an applicant as a prerequisite to licenses shall apply if any person with an interest in the business or premises as disclosed by S5.613(12) shall fail to qualify for a license. 5.613(14) The City Council shall act to approve or disapprove the license application within 120 days from the date the application was submitted, provided that the application contains all the information required by this ordinance. If the application is deficient, the Council shall act on the application within 120 days from the date that the deficiency had been corrected. 5.613(15) The license, if granted, shall state on 1ts face the name of the person or persons to whom it is granted, the expiration date, and the address of the Sexually Oriented Business. The license shall be posted in a conspicuous place at or near the entrance to the Sexually Oriented Business so that ttmay be easily read at any time. 5.613(16)(a)£ach license shall expire one (1) year from the date of tssuance and may be renewed only by making an application as provided in this chapter. Application for renewal must be made at least sixty (60) days before the expiration date of a current license, and when made less than sixty (60) days before the expiration date of the current license, the expiration of the license will not be effected. (b)When the City denies renewal of a ltcense, the applicant shall not be issued a license for one (1) year from the date of denial. subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial beCAme final. Regular Council Heeting February ll, 1991 page 12 S.613(17) The City may suspend a license for a period not to exceed thirty (30) days if it determines that a licensee or an employee of a licensee has: (a) Violated or ts not in compliance with any provisions of this chapter. (b) Engaged in excessive use of alcoholic beverages while on the Sexually Oriented Business premises. (c) Refused to allow an inspection of the Sexually Oriented Business premises as authorized by this chapter. (d) Knowingly permitted gambling by any person on the Sexually Oriented Business premises. (e) Demonstrated inability to operate or manage a Sexually Oriented Business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers. (f) Any violations of the provisions of 55.101 through inclusive. 5.613(18) The City shall revoke a license if it determines that: (a) A licensee gave false or misleading information in the material submitted to the City during the application process. (b) A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises. (c) A licensee or an employee has knowingly allowed prostitution on the premises. (d) A licensee or an employee knowingly operated the Sexually Oriented Business during a period of time when the licensee's license was suspended. (e) A licensee has been convicted of an offense listed in Section 5.613(133(i) for which the time period ~equtred in Section 5.613(X33(i) has not elapsed. (f) On two or more occasions within a 12 month period, a person or persons comitted an offense occurring in or on the licensed premises of a crime listed in Section 5.613(133(i) for which a conviction has been obtained, and the person or persons were employees of the Sexually Oriented Business at the time the offenses were committed. (g) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomY, oral copulation or masturbation to occur in or on the licensed premises. Regular Council Pleet|ng February ll, 19~I page 1 3 (h) A ltcensee is delinquent tn payment to the County or State for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the Sexually Oriented Business. (i) A licensee has committed an act for which the City may suspend the ltcense pursuant to 5.613(17) and that the license has been suspended within the preceding 12 months. (~) The fact that a conviction ts betng appealed shall have no effect on the revocation of the 11cerise. (k) Subsection 5.613(18)(g) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in e public place or within public view. (1) Idhen the City revokes a ltcense, the-revocation shall continue for one (1) year and the licensee shall not be issued a Sexually'Oriented Business license for one (1) year from the date revocation became effective. If, subsequent to revocation, the City finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the 11cerise was revoked under Subsection 5.613(18)(e), an applicant may be granted another license until the appropriate number of years required under Section 5.613(13)(t) has elapsed. 5.613(19) A licensee shall not tranfer this license to another, nor shall a licensee operate a Sexually Oriented Business under the authority of a license at any place other than the address designated in the application. 5.613(20) Every section, provision or part of this chapter or any license issued pursuant to this chapter is declared severable from every other section, provision or part thereof to the extent that if any* section, provision or part of this chapter or any license issued pursuant to this chapter shall be held invalid by a court of competent Jurisdiction and shall not invalidate any other section, provision or part thereof. $.613(21)(a)No person shall provtde false Information or misrepresent any fact or Information under $5.613(12). (b)No person, Including a licensee, owner, operator or employee, shall allow a minor to be on the licensed premises of a Sexually Oriented Business unless the minor ts accompanied by the minor's current legal guardian. (c)No person, Including the licensee, emmet, operator or employee, shall enter a Sexually Ortented Business open to the public if the premises on which the Sexually Oriented Business ts located is in violation of this chapter. Regular Council Meeting February 11, 1~91 pa9e 14 SECTZON 3: (d)No person, including the licensee, owner, operator or employee, shall deny access to any building or housing official of the City or any employee of the police department, health department or fire department to inspect the premises of a Sexually Oriented Business for the purpose of insuring compliance with the law at any time that the premises are occupied or open for business. Section 9.115A(Z) of the City Code of 1977, passed June 21, 1977, as amended by Ordinance No. 1198, passed June 11, 1990, which currently reads as follows, to-wit: 9.115A(1) Permitted Principal Uses Within the '1-2" ]ndustrtal District no structure or land shall be used except for one (1) or more of the uses permitted in $9.115(1) and as Kegulated therein. 9.115A(2) Conditional Accessor~ Uses Within any "I-2" Industrial District no structure or land. shall be used for the following uses except by conditional use permit: (a) Those uses set forth in $9.115(2) and as regulated the roi n. (b) Auto sales, subject to the following conditions: (i) The use of the property for auto sales must be accessory only to auto repair or auto reduction yards. (ii) The permitted and accessory uses must be on a site plan approved by the Planning and Zoning Commission or by the City Council. (iii) An open auto sales lot must comply with the provisions of $9.116(14). (iv) All autos presented for sale must be parked on an impermeable to oil and water surface in good repair, such as asphalt or concrete and on ark, tng spaces no smaller than twenty feet 20 ) in length by ten feet (10') in width. (v) No more than fifteen (15) cars may be available for sale at any given time. (vi) All cars offered for sale must be stored within a securely fenced area. (vii) All customer and employee parking must be located on a parking lot with a surface impermeable to oil and water, such as asphalt or concrete. Said surface must be maintained in a condition of good repair. (viii) All land on which vehicles to be repaired, stored, stripped, or reduced shall be covered with an impermeable to water or oil surface, such as asphalt or concrete. Said surface shall be maintained in a condition of good repair. l~egular £ouncil treating February 11, 1991 page 15 is herewlth amended to read as follows, to wit: ~.115A(2) Conditional Accessory Uses Within any "1-2" Industrial District no structure or land shall be used for the follow'ng uses except by conditlonal use permit: (al Those uses set forth in &9.115(2) and as regulated therein. (bi Auto sales, subject to the following conditions: (i) (ii) (iii) (iv) (vi (vi) (vii) (viii) The use of the property for auto sales must be accessory only to auto repair or auto reduction yards. The permitted and accessory uses must be on a site plan approved by the Planning and Zoning Commission or by the City Council. An open sales lot must comply with the provisions of i9.116(14). All autos presented for sale must.be parked on an impermeable to oil or water surface in good repair, such as asphalt or concrete and on parking spaces no smaller than twenty feet (20') in length by ten feet (10~) in width. No more than fifteen (15) cars may be available for sale at any given time. All cars offered for sale must be stored within a securely fenced area. All customer and employee parking must be located on a parking lot with a surface impermeable to oil and water, such as asphalt or concrete. Said surface must be maintained in a condition of good repair. All land on which vehicles to be repaired, stored, striped, or reduced shall be covered with an impermeable to water or oll surface, such as asphalt or concrete. Said surface shall be maintained in a condition of good repair, (c) Sexually Oriented Businesses. SECTION ~: This ordinance shall be in full force and effect from and after thirty ()0) days after its passage. First reading: Second reading: Date of Passage: January 14, 1991 February II, 1991 February II, 1991 Offered by: Seconded by: Roll call: Ruettimann Nawrockl All ayes Edward IH. Carlson... Jo-Anne Student, Council Secretary Regular Council Meeting February 11, 1~1 page 16 d. Resolution No. 91'09; Approving a Lotsplit of Property et 4qq/4 Reservoir Boulevard Tom Paul, Administrator of Crest View Lutheran Home, advised that none of the previous convenants nor approvals given by the Clty Council are being changed with the passage of the resolution. The requested lotsplit will accommodate the requirements of the financing firm for the board and care facility which is being built on the Crest View property. Copies of the Development Agreement and the Declaration of Covenants were distributed to members of the Council. This agreement is between Crest View Lutheran Home and the City of Columbia Heights. Paul felt this agreement need be acted upon by the Councll at this meeting. The request Is only for the Iotsplit being required by the mortgage company so that the board and care facility, Royce Place, cac have its own PIN number as this facillty will be taxable and Crest View Lutheran Home Is not. Council member Nawrocki expressed some concern for approving a lotsplit before the project is actually resolved and approved for f~nancing. He also felt the Development Agreement should be reviewed by the City Attorney before any action is taken by the Council regarding the lotspllt. The City Attorney advised the Council could approve the lotsplit subject to legal counsel's review of the supporting documentation (Development Agreement). The lot- split would be subject to easements of record. Councilmember Ruettimann supoorted approval of the lotsplit of property located at qq4q Reservoir Boulevard with the addition of "~Easement Tract I", amended ~Easement Tract 2'~, '~Easement Tract 3" and "Easement Tract /4~' and the reaffirming of the February 1990 action by the City Council granting the conditional use permit, approving the site plan and granting the variances of required square footage of units and reduced number of parking spaces after the City Attorney has reviewed all the documents protecting the City"s interests. Noting that conditions cannot be included in a lotsplit approval the referenced easements will be added after the resolutlon. Motion by Ruettimann, second by Clerkin to waive the reading of the resolutlon there being ample copies available for the public. Roll call: Clerkln, Carlson, Ruettimann - aye Nawrocki - nay Motion to waive fails. Notion by Nawrocki, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roil call: All ayes RESOLUTION NO. 91-09 SUBDIVISION REQUEST I, Thomas Paul, Administrator of Crest View Lutheran Home, hereby request · split of PIN 36 30 2/4 3/4 O157. Legally described as:' The south 535.00 feet of the north 568.00 feet of the East I/8 of the North- west Quarter of Section 36, Township 30, Range 2/4, Anoka County, Minnesota, except the west 30.00 feet thereof, and except the south 219.5 feet of the north 252.5 feet of the east 90.00 feet of the Northwest Quarter. TOGETHER WITH Regular Council Meeting February 11, 1991 page 17 That part of the south 535.00 feet of the north 568.00 feet of the Northeast Quarter of Section 36, Township 30, Range 24, Anoka County, Minnesota, lying west of the west right of way line of Reservoir Boulevard (the lO0.O0 foot strip of land as described in Book 18, Page 539 on file in the office of the Anoka County Recorder). EXCEPT The south 140.00 feet of the north 173.00 feet of that part of the Northeast Quarter lying west of the west right of way line of Reservoir Boulevard, and east of the west 313.OO feet of said Northeast Quarter. AND EXCEPT The south 132.70 feet of the north 165.70 feet of the west 313.00 feet of said Northeast Quarter. AND EXCEPT The south 29.30 feet of the north 195.00 feet of the west 242.30 feet of said Northeast Quarter. AND EXCEPT The south 5.15 feet of the north 200.15 feet of the west 217.30 feet of said Northeast Quarter. AND EXCEPT The south 28.00 feet of the north 228.15 feet of the west 1gl.15 feet of said Northeast Quarter. AND EXCEPT The south 24.35 feet of the north 252.5 feet of the west 171.00 feet of said Northeast Quarter. THE DESCRIPTION HENCEFORTH TO BE: 1. The south 535.00 feet of the north 568.00 feet of the East 1/8 of the Northwest Quarter of Section 36, Township 30, Anoka County, Minnesota, except the west 30.00 feet thereof, except the south 219.50 feet of the north 252.50 feet of the east 90.00 feet of the Northwest Quarter. TOGETHER WITH: That part of the south 315.5 feet of the north 568 feet of the Northeast Quarter of Section 36, Township 30, Range 24, lying westerly of the following described line: Commencing at the North Quarter corner of said Section 36; thence South O0 degrees 04 minutes 12 seconds West (assumed bearing) along the West line of said Northeast Quarter, a distance of 252.5 feet to the North line of said south 315.5 feet of the north 568.00 feet of the Northeast Quarter; thence South 89 degrees 34 minues 34 seconds East, along said North line of south 315.5 feet, a distance of 25.00 feet to the actual point of beginning of line to be described; thence South 50 degrees 19 minutes 38 seconds East, 71.20 feet; thence South O0 degrees 27 minutes 30 seconds West, 54.00 feet; thence South 18 degrees 20 minutes 46 seconds East; 64.91 feet; thence South 89 degrees 34 minutes 34 seconds East, 40.27 feet; thence on a tangential curve, concave to'the Southwest, whose central anUle ls 90 degrees O0 minutes OO seconds and whose radius is 45.00 feet, a distance of 70.69 feet to the South line of said north 568.00 feet of the Northeast Quarter, and there terminate. All subject to easements of record. 2. That part of the south 535.00 feet of the north 568.00 feet of the North- east Quarter of Section 39, Township 30, Range 24, Anoka County, Minnesota lying west of the west right of way line of Reservoir Boulevard (the 100.00 foot strip of land as described in Book 18, Page 539 on file in the office of the Anoka County Recorder). Regular Council Meeting February 11, 1~91 page 18 EXCEPT: The south lqO.O0 feet of the north 173.00 feet of that part of the North- east Quarter lying west of the ~est right of way llne of Reservoir Boulevard and east of the west 313.O0 feet of said Northeast Quarter. AND EXCEPT: The south 132.70 feet of the north 165.70 feet of the west 313.O0 feet of said Northeast Quarter AND EXCEPT: The south 29.30 feet of the north 195.00 feet of the west 2q2.30 feet of the said Northeast Quarter. AND EXCEPT: The south 5.15 feet of the north 200.15 feet of the west 217.30 feet of said Northeast Quarter. AND EXCEPT: The south 28.00 feet of the north 228.15 feet of the west 191.15 feet of said Northeast Quarter. AND EXCEPT: .. The south 2q.35 feet of the north 252.5 feet of the west 171.00 feet of ~, said Northeast Quarter. AND EXCEPT: That part of the south 315.5 feet of the north 568 feet of the Northeast Quarter of Section 36, Township 30, Range 24, lying westerly of the following described line: Commencing at the North Quarter Corner of said Section 36; thence South OO degrees 04 minutes 12 seconds West (assumed bearing) along the West line of said Northeast Quarter, a distance of 252.5 feet to the North line of said south 315.5 feet of the north 568.00 feet of the North- east Quarter; thence South 89 degrees 34 minutes 34 seconds East, along said North line of south 315.5 feet, a distance of 25.00 feet to the actual point of beginning of line to be described; thence 5outh 50 degrees 19 minutes 38 seconds East, 71.20 feet; thence South OO degrees 27 minutes 30 seconds West, $4.00 feet; thence South 18 degrees 20 minutes, 46 seconds East, 64.91 feet; thence South OO degrees 04 minutes 12 seconds West, 110.00 feet; thence on a tangential curve, concave to the Southwest, whose central angle is 90 degrees O0 minutes O0 seconds and whose radius is 45.00 feet, a distance of 70.69 feet to the South line of said north 568.00 feet of the Northeast Quarter, and there terminates. All subject to easements of record. Be It further resolved that special assessments of record In the office of the City of Columbla Heights as of this day, against the above described property, in the amount of $26,987.13 w111 remain with the East parcel at 4444 Reservoir Boulevard. Any pending or future assessments will be levied according to the new split as approved this day. Any lotsplit given approval shall become invalid If the resolution, motion or other Council action approving the said Iotspllt Is not filed with the County Auditor within one (1) year of the date of the Council action. PLANNING AND ZONING COMM. ACTION: Approved This 5th day of February, 1991. Regular Counc$1 Meeting February 11, 1991 page 19 Offered by: Deering Seconded by: Larson Roll call: All ayes CITY COUNCIL ACTION: Approved subject to reviewal and approval by City Attorney of all documents. Offered by: Ruettimann Seconded by: Clerkin Roll call: All ayes Thomas Paul, Administrator Thomas Paul (sig.)' Signature of Owner, Notarized 4444 Reservoir Boulevard Owner's Address Telephone No. 781-1611 Subscribed and sworn to before me this 31st day of January, 1991. Rebecca S. Townsle¥ (si~.~ Notary Public Anoka County - Commission explres 5-17-9. Mayor Edward M.. Carlson Jo-Anne Student, Council Secretary FEE: $10.00 DATE PAID 1-11-91 RECEIPT NO: 012824 DESCRIPTION OF "EASEMENT TRACT 1" An easement for ingress and egress purposes over that part of the south 219.50 feet of the north 252.50 feet of the east 90.00 feet of the Northwest Quarter and over that part of the south 219.50 feet of the north 252.50 feet of the Northeast Quarter, all in Section 36, Township 30, Range 24, Anoka County, Minnesota, described as follows: Commencing at the North Quarter Corner of said Section 36; thence South O0 degrees 04 minutes 12 seconds West, assumed bearing; along the North-South Quarter Section Line, a distance of 33.00 feet; thence South 89 degrees 34 minutes 34 seconds East, along a line parallel with the North llne of said Northeast Quarter, a distance of 15.O0 feet to the actual point of beginning of easement; thence South O0 degrees 04 minutes 12 seconds West, 40.00 feet; thence South 49 degrees 13 minutes 12 seconds West, 13B.80 feet, to a point lying on the West line of the east 90.00 feet of said Northwest Quarter; thence South O0 degrees 04 minutes 12 seconds West, along said West line of the east 90.00 feet of the Northwest Quarter, a distance of 26.44 feet; thence North 49 degrees')3 minutes 12 seconds East, 170.53 feet; thence North 00 degrees 04 minutes 12 seconds East, 45.54 feet; thence North 89 degrees 34 minutes 34 seconds West, 24.00 feet to the point of beginning. DESCRIPTION FOR "EASEMENT TRACT 2"' An easement for ingress and egress purposes over that part of the east 45.00 feet of the west 185.00 feet of the Northeast Quarter of Section 36, Township 30, Range 24, Anoka County, Minnesota, lying southerly of the 5outh line of the north 568.00 feet of said Northeast Quarter and northerly of 44th Avenue N.E. as now laid out and constructed. DESCRIPTION OF "EASEMENT TRACT 3" That part of the south 45.00 feet of the north 568.00 feet of the Northeast Quarter of Section 36, Township 30 Range 24, Anoka County, Minnesota, lying easterly of the west 100.O0 feet of said Northeast Quarter and westerly of Regular Council Meeting February 11, 1991 page 20 the following described line: Commencing at the North Quarter Corner of said Section 36; thence 5outh O0 degrees 04 minutes 12 seconds West (assumed bearing) along the West line of said Northeast Quarter, a distance of 252.5 feet to the North line of said south 315.5 minutes 34 seconds East, along said North line of south 315.5 feet, a distance of 25.00 feet to the actual point of beginning of line to be described; thence South 50 degrees 19 minutes 38 seconds East, 71.20 feet; thence 5outh O0 degrees 27 minutes 30 seconds West, 54.00 feet; thence South 18 degrees 20 minutes 46 seconds East, 64.91 feet; thence South O0 degrees O4 minutes 12 seconds West, 110.00 feet; thence South 89 degrees 34 minutes 34 seconds East, 40.27 feet; thence on a tangential curve, concave to the Southwest, whose central angle is 90 degrees O0 minutes OO seconds and whose radius is 45.00 feet, a distance of 70.69 feet to the South llne of said north 568.00 feet of the Northeast Quarter, and there terminate. DESCRIPTION OF "EASEMENT TRACT 4" That part of the south 207.00 feet of the north 568 feet of the west 228 feet of the Northeast Quarter of Section 36, Township 30~ Range 24, Anoka County, Minnesota lying easterly of the following described line: Commencing at the North Quarter Corner of said Section 36; thence South O0 degrees 04 minutes 12 seconds West (assumed bearing) along the West line of said Northeast Quarter, a distance of 252.5 feet to the North line of said south 315.5 feet of the north 568.00 feet of the Northeast Quarter; thence South 89 degrees 34 minutes 34 seconds East, along said North line of south 315.5 feet, a distance of 25.00 feet to the actual point of beginning of line to be described; thence South 50 degrees 19 minutes 38 seconds East, 71.20 feet; thence South O0 degrees 27 minutes 30 seconds West, 54 feet; thence South 18 degrees 20 minutes 46 seconds East, 64.91 feet; thence South O0 degrees 04 minutes 12 seconds West, llO.O0 feet; thence South 89 degrees 34 minutes 34 seconds East, 40.27 feet; thence on a tangential curve, concave to the Southwest, whose central angle is 90 degrees O0 minutes O0 seconds and whose radius is 45.00 feet, a distance of 70.69 feet to the South line of said north 568.00 feet of the Northeast Quarter, and there terminate. 7. COMMUNICATIONS a. Planning and Zoning Commission Minutes of the February 5, 1991 Planning and Zoning Commission meeting were contained in the agenda packet. b. Temporary Sign Request - Title Wave, 4849 Central Avenue Motion by Clerkin, second by Ruettimann to approve the additional temporary signage as requested provided a $100 deposit is submitted to the City to assure the removal of the temporary signage by the dates specified. Roll call: All ayes c. Support of Flag Resolution A draft reso]ution in support of the United States Flag was received. 8. OLD BUSINESS There was no old business. NEW BUSINESS Regular Council Meeting February 11, 1991 page 2 ! a. Request for Subsidy to Anoka County Mediation Services Motion by Nawrocki, second by Ruettimann to authorize the subsidy of $1,360 to Mediation Services of Anoka County for 1991, such monies to come from the Mayor-Council budget. Roll call: All ayes b. Closeout of Fund qlO - Murzyn Hall Renovation Motion by Nawrockl, second by Clerkin to authorize the closeout of Fund qlO - Murzyn Hall Renovation with the remaining fund balance of $16,336 being trans- ferred to the General Fund. Roll cai1: All ayes c. Insurance Coverage from May 9, 1991 to May 9, 1992 Councilmember Nawrocki inquired if the bids will be tied together as a package or will the Council be able to select various coverages. He was advlsed that the specifications will be written so selections can be made. Notion by Clerkin, second by Ruettimann to authorize staff to publlsh a request for quotations for insurance coverage effective May 9, 1991. Roll call: All ayes d. Authorization to Seek Bids on Resurfacing the Munlclpal Service Center Floor $30,000 was budgeted for this project. Councilmember Nawrocki felt this request should be tabled until members of the Council had viewed the floor. He also stated the need for the project and this expenditure should be reviewed regarding the necessity for it being done this year. Motion by Carlson, second by Clerkin to table this item untll the next Council meeting. Roil call: All ayes e. Purchase of Grader Blades It was noted that the price of grader blades has dropped significantly in the last year. Motion by Nawrockl, second by Clerkin to authorize staff to purchase grader blades and parts from Ziegler, Inc. of Minneapolis for an amount of $2,094.71, based upon low quotation received, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call:All ayes f. Purchase of Athletlc Equipment Motion by Ruettlmann, second by Carlson to authorize the purchase of 1,708 T-shirts for $6,040.50 and 960 caps for $1,82q from.Campbell Sports, based on low informal price quotations; and furthermore, to authorize the Mayor and City Manager to sign a contract for the same. Roll call: All ayes The Columbla Heights Athletic Boosters donated al1 of the funds needed for this purchase. g. Establish Date for Public Improvement Hearing Motion by Ruettimenn, second by Clerkln to establish a Public Improvement Hearing for Thursday, March lq, 1991 at 7:00 p.m. in the City Councll Chambers. Roll call: All ayes This public hearing will address projects for sealcoating of alleys and the proposed 38th Avenue reconstruction. Mayor Carlson inquired if there will be another hearing on the qqth Avenue project. He was advised there will not be. He requested that all property and business owners who will be affected by Regular Council Meeting February ll, 1991 page 22 the 44th Avenue project be notified by letter that this project will take place later this year. The City Manager advised that this is not known for sure. 10. REPORTS a. Report of the City Manager .The City Manager's report was submitted in written form and the following items were discussed: 1. New Hires: Thomas Pope, Maintenance I, effective December 26, I~0, at the q~'ers entry level; John Fox, Maintenance I, effective January 2, 1~1, at the qg'ers entry level; Dan Ruettimann, Part time Community Service Officer, effective January 28, 1991, at the AFSCME entry level; and, Bonita Morinville, Clerical/Purchasing Clerk, effective December 17, 1990, at the AFSCM£ entry level. 2. Top Valu Liquor Wins $2,500 in Minnesota Lottery: The Minnesota Lottery Commission sponsored a promotion whereby vendors who participated in the selling of lotto tickets were eligible for a cash prize drawing. Top Valu Liquor won $2,500 in the January drawing. 3. Forfeit Land: Anoka County has classified a parcel of land which is a locked parcel located on Cleveland Street right-of-way south of 43rd Avenue as forfeit land. The City Manager recommended that the Council take no action on this parcel. He noted he has seen no serious plans for the parcel to be developed. The parcel is unbuildable and is subject to a repurchase period by the owner until August 29, 1~1. Skating Rinks: The City Manager advised that the City's skating rinks were c)osed for four days due to high temperatures but are now open. MTC - Expanding Fixed Route Accessible Bus Service: The MTC is proposing to expand the fixed route accessible .bus service for people with dis- abilities. The HTC is specifically requesting discussion regarding Route #18 which operates through Columbia Heights. Counciimember Nawrocki, who is a MTC Commissioner, felt the City should not make any commitments on this subject in light of the reduced funding which will be experienced by the City from the State. 13th Check: The League of Minnesota Cities has sent information regarding the developments on the 13th Check issue in the 1~1 legislatlve session. The League is not supportive of the 13th Check legislation being considered. The City Manager felt it would be appropriate for the Council to join in the efforts of the League to halt any legislation. 7. Lobbying Day: Hayor Carlson advised that February 20th has been designated Lobbying Day by the League of Minnesota Cities. The League is encouraging all cities to send as many city representatives as is possible to personally visit their senators and representatives to express their concerns with the proposed budget cuts to municipalities. Regular Council Meeting February 11, 1991 page 23 b. Report of the City Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Nawrocki, second by Ruettimann to adjourn the meeting at 11:15 p.m.. Roll ¢a11: All ayes Mayor Edward' M.-Ca~s6~ ~/.ro-Ahne Student,"Counci I Secretary