Loading...
HomeMy WebLinkAboutJanuary 14, 1991OFFICIAL PROCEEDINGS COLUHBIA HEIGHTS CiTY COUNCIL REGULAR COUNCIL MEETING JANUARY 14, 1991 The meeting was called to order by Mayor Carlson at 7:00 p.m.. 1. ROLL CALL Nawrocki, Clerkin, Ruettimann, Paterson, Carlson - present 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. Mayor Carlson requested a minute of silent prayer for those personnel serving in the Persian Gulf. CONSENT AGENDA The following items were on the Consent Agenda: Approval of Minutes of Council Meetings The Council approved the minutes of the December 26, 1990 Regular Council meeting as presented and there were no corrections. ResolutTon No. 91-O5; Authorizin~ Renewal of a Class B Gambling License .- Lions The reading of the Resolution was waived there being ample copies available for the public. RESOLUTION NO. 91-05 BEING A RESOLUTION AUTHORIZING RENEWAL OF CLASS B CHARITABLE GAMBLING LICENSE FOR COLUMBIA HEIGHTS LIONS CLUB - JEFFERSON BUILDING WHEREAS, the City received a gambling license renewal application from the Columbia Heights Lions Club - Jefferson Building seeking the renewal of a limited, five-day Class B gambling license; and WHEREAS, the organlzation continues to comply with the City's resolution on charitable gambling and is considered to be a qualifled organization; THEREFORE, BE IT RESOLVED the City of Columbia Heights has no objection to the renewal of a five-day limit Class B charitable gambling license for the Columbia Heights Lions Club in conjunction with activities held at the Jef- ferson Building, 3965 Jefferson Street N.E., Columbia Heights. Passed this 14th day of January, 1991. Offered by: Seconded by: Roll call: Nawrock i Ruett imann A1 ! ayes Mayor Edward M. Carlson Jo-Anne Student, Council Secretary Resolution No. 91-06; Authorizing the Renewal of a Class B Gambling License - Lions The reading of the resolutlon was waived there being ample copies available for the public. Regular Council Meeting January lq, 1991 page 2 RESOLUTION NO. 91-06 BEING A RESOLUTION AUTHORIZING RENEWAL OF CLASS B CHARITABLE GARBLING LICENSE FOR COLUMBIA HEIGHTS LIONS CLUB - MURZYN HALL WHEREAS, the City received a gambling license renewal appllcatlon from the Columbia Heights Lions Club - Murzyn Hall seeking the renewal of a Class B gambling license; and, WHEREAS, the organization continues to comply with the City's resolution on charitable gambling and is considered to be a quallfied organization; THEREFORE, BE IT RESOLVED the City of Columbia Heights has no objection to the renewal of a Class B charitable gambllng llcense for the Columbia Heights Lions Club in conjunction with activities held at Murzyn Hall, 530 Mill Street N.E., Columbia Heights. Passed this 14th day of January, Offered by: Seconded by: Roll call: Nawrocki Ruettimann All ayes Jo-Anne Student, Council Secretary Mayor Edward M. Carlson Resolutlon No. 91-07; Authorizing Renewal of Class B Gambling License - Lions The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 91-07 BEING A RESOLUTION AUTHORIZING RENEWAL OF CLASS B GAHBLING LICENSE FOR COLUMBIA HEIGHTS LIONS CLUB - DICK'5 PLACE WHEREAS, the City received a gambling license renewal application from the Columbia Heights Lions Club seeking the renewal of a Class B gambling llcense for Dick's Place, 547 40th Avenue N.E., and WHEREAS, the organization continues to co~ply with the City's resolution on charitable gambling and is considered to be a qualified organization; THEREFORE, BE IT RESOLVED, that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for the Columbia Heights Lions Club in conjunction with activities held at Dick's Place, 5q7 4Oth Avenue N.E., Columbia Heights. Passed thls 14th day of January, 1991. Offered by: Seconded by: Roll call: Nawrocki Ruettimann All ayes Mayor Edward M. Carlson Jo-Anne Student, Council Secretary Regular Councll Meetlng January 14, 1991 page 3 Association of Metro.politan Municipalities Annual Membership Du~s The Council authorized the payment of $q,864 to the Association of Metropolitan Hunicipalities for payment of the City's 1991 membership dues. Appointment of Representative to Association of Metropolitan Munici.palities The Council appointed Councilmember Bruce Nawrocki as the designated delegate to the Association of Metropolitan Munlcipalities for the City of Columbia Heights. North Metro Mayors Association Annual Membership. Dues The Council. authorized payment of $q,833 to the North Metro Mayors Association for payment of the City's 1991 membership dues. North Metro Development Association Annual Membership Dues The Council approved the payment of $10,O92 to the North Metro Development Association for payment of the City's 1991 membership dues. School Inspection Contract The Council authorized the Mayor and City Manager to execute a three year Publlc School Inspection Agreement with the State of Minnesota. Approval of License Appli..catlons The Council approved the list of 1991 license applications upon payment of proper fees. Payment of Bills The Council approved the payment of bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Hotion by Nawrocki, second by Ruettimann to approve the Consent Agenda as presented. Roll call: All ayes 5. OPEN HIKE/PRESENTATIONS Harriet Muscala, who'is a resident of New Brighton, owns a home in the City. The home is presently for sale and has been vacant since September of 1990. She recently received a letter from the City advising her if she chooses to continue to receive a credit for non-collectlon of refuse from this house the water service to the house must be discontinued. Mrs. Nuscala contacted staff in the utility department and was advised she was welcome to attend a Council meeting to bring her concerns to the Council. Hrs. Muscala felt the requirement to shut off the water was a hardship as she and her husband frequently come to the house to do maintenance and without water service It is difficult. She indicated a willingness to pay for whatever water is used but noted that there has been no trash hauled from the home since October 1990. Mayor Carlson, who had also been contacted by Mrs. Muscala, stated that a number of people had told him this policy is posing a hardship. He suggested this ordinance/policy be reviewed by the Council at a wc~rk session. Hrs. Huscala indicated she would like to be in attendance at the work session. She had requested a list of those property owners who were being advised Regular Council Meeting January 14, 1991 page ~ they must comply with this policy and had their refuse hauling stopped. The City Attorneyts opinion on releasing this list was that it was privileged information. 6. RESOLUTIONS & ORDINANCES a. Resolution and Public Hearing Regarding 1989 & 1990 Community Development Block Grant Programs Motion by Ruettimann, second by Paterson to waive the reading of the resolutlon there being ample copies available for the public. Roll call: Ali ayes RESOLUTION NO. 91-01 RESOLUTION OF CITY COUNCIL OF CITY OF COLUHBIA HEIGHTS, MINNESOTA APPROVING AMENDMENT TO 1989 AND 199o COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAHS WHEREAS, residual funds from the 1989 CDBG Program should be reallocated to the 1990 CDBG Progam and allocated to a project for utillzation in 1991; and WHEREAS, the attached proposed amendments to the 1989 and 1990 CDBG Programs' were developed through input from the City Council, Housing and Redevelopment Authority Commissioners, and from the public through public notice and at a publlc hearing and have found acceptable by the City Council; THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: 1. The attached amendments to the City's 1989 and 1990 CDBG Programs are approved. 2. The Hayor and City Manager are hereby authorized to sign any application or contract documents necessary for the subject Amendments to the 1989 and 1990 CDBG Programs. Offered by: Seconded by: Roll call: Ruett imann Peterson A11 ayes Mayor Edward M. Carlson Jo-Anne Student, Council Secretary COMMUNICATIONS Rental Assistance Demonstration Pro~ect for Persons with Hental Illness The Anoka HRA and Rise, Inc. wishes to submit an applicat|on to the Minnesota Mousing Finance Agency (MHFA) for state wide competition for funding for a 20 unit, two year rental assistance demonstration project. The available funding wlll be used for two. demonstration programs in the State. The Executive Director of the HRA reviewed the requirements of the application. Rite Ander, representing the Anoka City HRA and Becky Fink, representing Rise, Inc. presented their proposal for implementing the program in Anoka County If their application receives approval from the City Councll and from the MHFA. The Columbia Heights HRA recommended approval of this project being Regular Council Meeting January lb, 1~1 page 5 operated in the City subject to the concurrence of the City Council. Council member Nawrocki felt more information would be needed before approval could be given, specifically in the areas of illnesses which would be con- sidered and the amount of supervision which would be forthcoming from the management. Ms. Ander advised this would not be a group home concept but rather a team management approach. The recipients would receive a monthly rent assistance of $150.00 for whatever llvlng situation they may choose and the rental assistance would go directly to the landlord. The Anoka HRA would aid in finding access to housing for handicapped people and would be the tool to channel the funding. Ms. Fink advised that only residents of Anoka County would be eligible for tills rental assistance funding. She noted that people would be free to choose where they live and could receive a rent subsidy from the grant program. She noted that all cities in Anoka County must approve this demonstration opportunity to be able to submit the appllcatlon. Councilmember Peterson observed that the funding is in place and felt the application should be approved. Other members of the Council felt the City already has more than its share of subsidized housing and it in the middle of solving the problems which have been created by this type of housing. Motion by Peterson to approve allowing the Anoka City HRA and Rise, Inc. to operate a Rental Assistance Demonstration Project for persons with mental illness in Columbia Heights with the understanding that the project will be operated Anoka County wide and that there will be a maximum of twenty units located throughout the County. Motion dies for lack of a second. ORDINANCES AND RESOLUTIONS (cont.) b. Resolution No. 91-02; Adopting Assessment Roll for Special Assessment Numbered 870 Motion by Nawrocki, second by Clerkin to waive the reading of the resolution there being ample copies available for the publlc. Roll call: All ayes RESOLUTION NO. 91-02 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement has been made and ratifying and conforming all other proceedings, heretofore had: Special Assessment numbered 870 ~IEREAS, the City Council of the City of Columbia Heights, Minnesota met at 7:00 p.m. on the 14th day of January, 1991, in the City Council Chambers, 590 40th Avenue N.E., Columbla Heights, Minnesota, being the time and place set when and where all persons Interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above descri.bed, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, Regular Council Meeting January iq, 1990 page 6 THE CITY COUNCIL OF THE CITY OF COLUHBIA HEIGHTS HEREBY RESOLVED: Section 1. That this Council does hereby adopt the aforesaid assessment ro11 known and described as "Assessment Roil for Local Improvements" numbered 870. Section 2. That this Councll hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Total Assessment". And this Council further funds and determines that the proper pro- portion of the cost of such improvements to be especially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectlvely in said assessment ro11. Section That said assessments may be paid in part or in full without interest on or before February 13, 1991, or in annual installments for a period of from one to fifteen years as designated on the assessment ro11,, payable on or before the lSth day of September, annually, with 9.5~ interert thereon. Failure to pay the annual installment renders the same delinquent and thereafter a 10~ penalty is added and the said delinquent special assessment is certified to the County for collection with the ~eal estate tax. Section That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered es Local Improvement numbered 870 - Project #902q. Section 5: This resolution shall take effect immediately upon its passage. Passed this lqth day of January, 1991. Offered by: Nawrocki Seconded by: Clerkin Roll call: All ayes Mayor Edward M. Carlson Jo-Anne Student, Council Secretary c. Resolution No. 91-03; Authorizing Use of Municipal State Aid Funds Motion by.Nawrocki, second by Ruettimann to waive the reading of the resolution there being ample copies available for the publlc. Roll call: All ayes RESOLUTION NO. 91-03 AUTHORIZING THE USE OF MUNICIPAL STATE AID FUNDS ON TRUNK HIGHWAY 65 PROJECT FROM qSTH AVENUE N.E. TO 53RD AVENUE N.E. WHEREAS, it has been deemed advisable and necessary for the City of Columbia Heights to participate in the cost of a construction project located on T.H. No. 65 within the limits of said municipality, and Regular Council Meeting January i4, 199] page 7 WHEREAS, said construction project has been approved by the Commissioner of Transportation and identified in his records as S. P. No. 207-54, NOW, THEREFORE, BE IT RESOLVED by the city Council of Columbia Heights: That we do hereby appropriate from our Municipal State Aid Street Funds the sum of $6,000 to apply toward the construction of said project and request the Commissioner of Transportation to approve this authorization. Dated this 14th day of January , 1991. Offered by: Seconded by: Roll call: Nawrocki Ruettimann A11 ayes Jo-Anne Student, Council Secretary Mayor Edward M. Carlson CERTIFICATION: I hereby certify that the aforegoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City' of Columbia Heights, at a duly authorized meeting thereof, held on the 14th day of January, 1991, as shown by the minutes of said meeting in my presence. Jo-Anne Student, Deputy City Clerk d. Resolution No. 91-04; Amending 1991 Budget for Encumbrances and Carryovers Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes Councilmember Nawrocki stated he is not supportive of the carryovers being inc)uded in this resolution and fe)t it was a means of padding a budget after the budget has been adopted. He inquired if the reading must be divided if he wished to separate the vote on the resolution. The City Attorney advised that the question shouid.'be divided but not the reading. Councllmember Ruettimann felt procrastination was the reason for carryovers. RESOLUTION NO. 91-04 AMENDING 1951 BUDGET FOR ENCUMBRANCES AND CARRYOVERS BE IT RESOLVED by the City Council of the City of Columbia Heights as follows: WHEREAS, the City Council of the City of Columbia Heights on Oecember 12, 1990, passed Resolutlon No. 90-61 adopting a budget for 1991 and amending the budget for 1990; and WHEREAS, several expenditures that were projected to be incurred in the 1990 budget wiil not be incurred until 1991 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that the 1991 departmental budgets be amended by the following increases with the increases comlng from the 1991 fund balances: Regular Council Meeting January 14, 1991 page 8 General Fund Finance Public Safety Public Works Library Parks Total General Fund Capital Improven~nts Fund Central Garage Fund Se~r Utility Fund Water Utility Fund Capital Equipn~nt Replacen~nt Fund Encumbrances .C..a r r¥ove r s Total 1,500.O0 O 1,500.OO 4,137.91 9,580.O0 13,717.91 6,529.65 O 6,529.65 14,952.95 O 14,952.95 204.75 26,550.00 26,754.75 27,325.26 36,130.O0 63,455.26 O 302,000.00 302,000.00 330.00 3,200.00 3,530.00 1,073.16 240,000.00 241;073.16 704.41 13,904.00 14,608.41 129,111.00 0 129,111.00 Passed this 14th day of January, 1991. Offered by: Peterson Seconded by: Ruettimann THERE WAS A DIVISION ON THE ROLL CALL BETWEEN ENCUMBRANCES AND CARRYOVERS. THE ROLL CALL IS AS FOLLOWS: ENCUMBRANCES All ayes CARRYOVE RS Clerkin, Ruettimann, Peterson, Carlson - aye Nawrocki - nay Mayor Edward M. Carlson Jo-Anne Student, Council Secretary e. First Reading of Ordinance No. 1215, Amending Ordinance No. 853, City Code of 1977, and Pertaining to Sexually Oriented Business Motion by Nawrockl, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1215 BEING AN ORDINANCE AHENDING ORDINANCE HO. 853, CITY CODE OF 1977, AND PERTAINING TO SEXUALLY ORIENTED BUSINESSES The City of Columbia Heights d~s ordain: SECTION 1: 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 regulations to: a. Prevent additional criminal activity; b. Prevent deterioration of neighborhoods and its consenquent adverse effect of real estate values of properties within the neighborhood; Regular Council Heating January 14, 1~1 page 9 c. To locate sexually oriented businesses away from residential areas, schools and churches; d. To 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 limitation 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 adu)ts to sexually oriented materials protected by the First Amendment, or to deny access by 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. 5.613(2) Any of the followlng activities and businesses described below are "Sexually Oriented Businesses" as defined in this Code: (al Adult Body Painting Studio: 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." (bi Adult Book and Hedia 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 enterta:nment, 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 Establlshment: A companionship establishment which exlcudes 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 establlshment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomlcal areas." (el Adult Establlshment: Any business ~hich offers its patrons services, entertainment or the sale of merchandise characterized by an emphasis on matters depicting, exposing, describing, Regular Council Meeting January 14, 1991 page lO (fi (g) (h) discussing or relating to "specified sexual activities" or "specified anatomical areas." Adult Entertainment Uses: Adult Eses 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 painting studios, and other premises, enterprises, estab- lishments, businesses or places open to some or all members of the public, at or in 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. .. Adult Hotel or Motel: Addlt hotel or motel means a hotel or motel room which minors are specifically excluded from.patronage and wherein material is presented which is distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Adult Massage Parlor/Health Club: A massage parlor or health club ~hich restricts minors by reason .of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities: or "specified anatomical areas." Adult Mini-Motion Picture Theater: (1) An enclosed building with a capacity for 1ess than 50 persons used for presenting motion pictures, including but not limlted to film and videotape, having as a dominate theme material distinguished or characterized by an emphasis on matter depicting, or relating to "specified sexual activities" or "specified anatomical areas." (j) Any business or building which presents motion pictures, including films and videotapes, having a dominate theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas", for viewing on the premises, inciudlng 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. 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 Regular Council Meeting January 1/~, 1991 page 1 I anatomical areas: while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise de- picted by such customers, (k) Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin 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 actlvities~' 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 live entertainment or motion pictures, including but not limited to film and videotape, having as a dominate theme material distinguished or characterized by an emphasis on matter depicting, describing~ or relating to ~'specified sexual activities: or "specified anatomical areas" for obser- vation by patrons therein. (m) Adult Novelty Business: A business which sell, offers to sell, or displays devices which simulate human genitals or devices which are desinged for sexual stimulation. (n) Adult Sauna: A sauna which exca, udes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, re]axation, or reducing, utilizing steam or hot air as a cleanlng, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexua] activities" or '~speclfied anatomical areas." ~5.613(3) For purposes of this section, the following 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 religi.ous services and associated accessory uses. (b) 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 anatomlcal areas are any of the following: (i) Less than completely and opaquely covered: (a) human genitals, pubic region, or pubic hair; (b) buttock, and (c) female breast below a point immediately above the top of the areola; and Regular Council Meeting January Ih, 1991 page 12 5.613(4) 5.613(5) 5.613(6) (ii) Human male genitals in a disceribly turgid state, even if opaquely covered. (d) Specified Sexual Activities: (i) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulatlon, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationshlp, or the use of excretory functions in the context of a sexual rela- tionship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coporphagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or (ii) Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence; or (iii) Use of human or animla ejaculation, sodomy, oral copulation, coitus, or masturbation; or (iv) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or (v) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costume~--~ and who are engaged in activities involvlng the flagellation, torture, fettering, bi~ding 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 (vii) Human excretion, urination, menstruation, vaginal or anal irrigation. Every appllcatlon for a license under this chapter shall be verified and filed with the City Clerk. 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. No Sexually Oriented Business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establlshment which is prohibited by any ordinance of the City of Col. umbia 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 llmited to statutes or ordinances prohibiting the exhibition, sale, or distribution of obscene material generally, or the exhibition, sale, or distribution of specified materlals to minors. Regular Council Meeting January page 13 5.613(7) All Sexually Oriented Businesses which were lawfully in existence as of the effective date of this ordinance and which were rendered nonconforming by the application of this ordinance shall be abated within three (3) years of the date of enactment of this chapter. 5.613(8) No Sexually Oriented Business may be located within 200 feet of any residentlal zoning district boundary or less than 500 feet from any church or school. No Sexually Oriented Business may be located within 600 feet of another Sexually Oriented Business. 5.613(9) No Sexually Oriented Business shall be open to the public between the hours of 11:00 p.m. and 8:00 a.m. on the following day. 5.613(10)(a)The premises on which a Sexually Oriented Business is located shall prevent off-site viewing of its merchandise by completely covering the windows and doors of its operation from a public right-of-way. (b)A11 entrances to a Sexually Oriented Business, with the exception of emergency fire exits which are not usable by patrons to enter the business, shall be visible from a public right-of-way. (c)The layout of the display areas of a Sexually Oriented Business shall be designed so that the management of the establishment and any law enforcement personnel can observe all patrons while they have access to any merchandise offered for sale or viewing including but not limited to books, magazines, photographs, videotapes, or any other persons or materials. (d)The exterior of the premlses on which a Sexually Oriented Business is located shall be illuminated in a manner adequate to observe the location, activities, and identity of a1.1 persons on the exterior premises. (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 activity 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, stall{, 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 vlslble 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 vlslble from the adjacent public room. Regular Council Meeting January lq, 1991 page lq 5.613(11) No Sexually Oriented Business shall display a sign containing representational depictions of an adult nature or graphic des- criptions of an adult theme. 5.613(12)(a)Any license issued under this chapter is valid only for the licensed premises. (b)Applications for license must be made on forms provided by the City. The appllcation 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 re-applied to the City and demonstrating that the applicant has complied with all of this chapter. (c)The applicant must furnish all the information required to be ~' furnished by an applicant for an intoxicating liquor license under §5.503, except the information required by §5.503(4)(c)(x), and must furnish any other information required by the City rele. vant to any matters addressed by this chapter. (d)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 building official. 5.613(13) The City Manager shall recommend approval of the issuance of a license by the City to an applicant within forty-five (45) days after the receipt of an application unless he finds one or more of the following to be true: (al (bi An applicant is under 18 years of age. An applicant or an applicant's spouse is overdue in his payment to the City, County, or State of taxes, fees, fines, or penalties assessed against him or imposed upon him in relation to a Sexually Oriented Business. (c) An applicant has failed to provide information reasonably necessary for issuance of the llcense or has falsely answered a question or request for information on the application form. (d) (e) An applicant or an applicant's spouse has been convicted of a violation 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. An applicant is residing with a person who has been denied a license by the City to operate a Sexually Oriented Business within the preceding 12 months, or residing with a person whose license to operate a Sexually Oriented Business has been revoked within the preceding 12 months. Regular Councll Meeting January lZm, 1991 page 15 (fi The premises to be used for the Sexually Oriented Business have not been approved by the health department, fire de- partment, and the bu|lding official as being in compliance with applicable laws and ordinances; such inspections shall be completed within th)rty (30) d~ys from the date the ap- plication was submitted, provided that the applicatlon contains all of the information required by this ordinance. If the appllcation is deficient, the inspections shall be completed within thirty (30) days fro~ the date the deficiency has been corrected. (gl The license fee or investigation fee required by this chapter has not been paid. (hi (j) (k) An applicant has been employed in a Sexually Oriented Business in a managerial capacity within the preceding 12 months and has demonstrated that he is unable to operate or manage a Sexually Oriented Business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers. An applicant or applicant's spouse has been convicted of a crime involvlng any of the following offenses: Any sex crimes as defined by Minnesota Statutes 609.29 through 609.352 inclusive, or as defined by any ordinance or statute in conformity therewith: Any obscurity crime as defined by Minnesota Statutes 617.23 through 617.299 inclusive, or as defined by any ordinance or statute in conformity therewith; for which: less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if 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 con- viction, 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, whichever is the later date, if the con- victions are of two Or more misdemeanor offenses or combination of misdemenaor offenses occurring within any 2q month period. The fact that a conviction is being appealed shall have no effect on the dlsquallfication of the applicant or applicant's spouse. An applicant who has been convicted or whose spouse has been convicted of an offense listed in Subsection 5.613(13)(i) may Regular Council Meeting January 14, 1991 page 16 quality for a Sexually Oriented Business license only when the time period required by Subsection 5.613(13)(i) has elapsed. For purposes of this section, the requi'rements imposed on an applicant as a prerequisite to licenses sha]l apply if any person with an interest in the business or premises as disclosed by ~5.613(12) shall fail to qualify for a license. 5.613(14) The City Councll shall act to approve or disapprove the llcense application within 120 days from the date the application was submitted, provided that the appllcation contains all the infor- mation required by this ordinance. If the appllcation is deficient, the Council shall act on the application within 120 days from the date that the deficiency has been corrected. 5.613(15) The license, if granted, shall state on its 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 it may be easily read at any time. 5.613(i6)(a)Each license shall expire one (!) year from the date of issuance 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 CiLy denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewed license has been corrected or abated, the applicant may be granted a ]icense if at least ninety (90) days have elapsed since the date denial became final. 5.613(17) The City may suspend a license for a period not to exceed thirty (30) days if it determines that a llcensee or an employee of a licensee has: (a) Violated or is not in compliance wi£h 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. Regular Council Meeting January lq, 1991 page 17 5.613(18) (fi Any violations of the provisions of §5.101 and §5.104. The City shall r~voke a license if it determines that: (al A licensee gave false or misleading information in the material submitted to the City during the application process. (bi 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 the period of time when the licensee's license was suspended. (el A licensee has been convicted of an offense listed in Section 5.613(13)(i) for which the time period required in Section 5.613(13)(i) has not elapsed. (fi One two or more occasions within a 12 month period, a person or persons committed an offense during in or on the licensed premises of a crime listed in Section 5.613(13)(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. (gl 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. (hi A licensee is delinquent in 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 license pursuant to 5.613(17) and that the license has been .suspended within the preceding 12 months. (j) The fact that a conviction is being appealed shall have no effect on the revocation of the license. (k) Subsection 5.613(18)(g) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowlngly allowed the act of sexual Intercourse, sodomy, oral copulation, masturbation, or sexual conduct to occur in a public place or within public view. (ii When the City revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a Sexually Oriented Business llcense for one (1) year from the date of 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 Regular Council Meeting January 14, 1991 page 18 if at least ninety (90) days have elapsed since the date the revocation became effective. If the llcense was revoked under Subsection 5.613(18)(e), an applicant may be granted another llcense until the appropriate number of years required under Section 5.613(13)(i) has elapsed. 5.613( 9) A licensee shall not transfer 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 shal! not invalidate any other section, provision or part thereof. 5.613(21}(a)No person shall provide 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 is accompanied by the minor's current legal guardian. (c)No person, including the licensee, owner, operator or employee, shall enger a Sexually Oriented Business open to the public if the premises on which the Sexually Oriented Business is located is in vio]ation of this chapter. (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 Section 9.115A(2) of the City Code of 1977, passed June 21, 1977, as amended by Ordinance No. 11~8, passed June 11, 1~0, which currently reads as follows, to-wit: ~..llSA(I) Permitted Prlncipal Uses Within the ~'1-2~ Industrial District no structure or land shall be used except for one (1) or n~3re of the uses permitted in ~9.115(1) and as regulated therein. 9.115A(2) Conditional Accessory Uses Within any "1-2~ Industrial District no structure or land shall be used for the followlng uses except by condltional use permit: Regular Councit Meeting January 14, 199] page 19 (a) Those uses set forth in 19.115(2) and as regulated therein. (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) (iv) The permitted and accessory uses must be on a site plan approved by the Plannlng and Zoning :o~nlssfon or by the City Council. 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 parking 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) (vli) AIl 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. (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. (c) Sexually Oriented Businesses SECTION 4: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: January 14, 1991 Ordinance No. 1215 will be referred to the Planning and Zoning Commission for its review relative to matters of zoning as contained In the ordinance. Hotlon by Nawrocki, second by Ruettimann to schedule the second reading and public hearing of Ordinance No. 1215 for February 11, 1991 at 7:00 p.m.. Roll call: All ayes ?,. COMMUNICATIONS Planning and Zoning Commission Regular Council Meeting January 14, 1991 page 20 The minutes of the January 8th Board of Appeals meeting were included in the agenda packet. It was noted that the owner of Pro-Control located at 4G00 Sixth Street could apply for a Conditional Use Permit which must be approved by the Council. The City Attorney advised that the Home Occupation ordinance would have to be amended to grant this permit. b. Traffic Commission 1. Removal of "No Parking" Signs Motion by Peterson, second by Nawrocki to authorize the removal of nine ~'No Parking Sundays, 5 a.m. to 1 p.m." signs on qlst Avenue from Hayes Street to Arthur Street as recon~ended by the Traffic Contnission. Roll call: All ayes 2. Installation of Stop Signs Motion by Clerkin, second by Paterson to approve the installation of stop signs at the intersection of Taylor Street and /46th Avenue stopping traffic on Taylor Street as recommended by the Traffic Commission. Roll call: All ayes c. Delegate to Association of Metropolitan Municipalities Motion by Carlson, second by Clerkin to designate Councilmember Bruce Nawrocki as the City's delegate to the Association of Metropolitan Municipalities. Roll call: All ayes d. Authorization for Attendance of Councilmembers at Various Heetings Motion by Nawrocki, second by Carlson to authorize attendance of the Mayor and members of the City Council at the functions of the League of Minnesota Cities, National League of Cities, Association of Metropolitan Munlcipalities and other organizations to which the City belongs and actively participates. Roll call: All ayes 8. OLD BUSINESS There was no old business on the agenda. NEW BUSINESS a. 1991 Community Development Block Grant Program Councilmember Clerkin requested additional information on the following funding requests; Courage Center, Friends of the Library and Slxth Street Place zoning. Hotion by Nawrocki, second by Peterson to establish a public hearing on February 11, 1991 for consideration of the 1991 Community Development Block Grant Program. Roll call: All ayes b. Joint Powers Agreement for Fire Training Facility The Council did not receive a copy of the Agreement in the agenda packet but It was noted that there had been no changes since the first draft. Copies were distributed and under item #16 Councilmember Nawrockims concern regarding termination of the Agreement was addressed. Hotion by Paterson, second by Clerkin to authorize the Mayor and C~ty ;;a~ager to execute a Fire Training Association Joint Powers Agreement for the ¢~n~ struction and use of a fire training facility. Roll call: All ayes Regular Councll Meetlng January 14, 1991 page 21 c. Establish Date for Board of Review Motion by Nawrocki, second by Clerkin to establish April 15, 1991 at 7:30 p.m. as the date for the Board of Review. Roll call: All ayes d. Renewal of Customer Support Plan for Fleet Maintenance Program Motion by Clerkin, second by Carlson to renew a one-year customer program support plan for the City's Fleet Maintenance Software Program with Diagonal Data of Lakeland, Florida, in an amount of $1,145; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes e. 1991 Solid Waste Brochure Motion by Ruettimann, second by Nawrocki to award the printing and distribution of the 1991 Annual Solid Waste Brochure to Rapid Graphics and Mailing in the amount of $2,157.80 based on low proposal received. Roll call: Ali ayes f. Classified Contract with Star Tribune Motion by Clerkin, second by Peterson to authorize the Mayor and City Manager, to enter into a classified contract with the Star Tribune effective December 30, 1990 through December 31, 1991. Roll call: All ayes g. Workerls Compensation Insurance Motion by Peterson, second by Clerkin to authorize the City Manager to renew the worker's compensation insurance policy from the League of Minnesota Cities Insurance Trust under the premium refund option at the rates specified in their quotation. Roll call: All ayes h. Selection of Council President Councilmember Clerkin recommended that Councilmember Nawrocki be appointed Council President. Mayor Carlson felt this should be on a Council work session agenda or on the agenda of the next Councll meeting. No Council action was taken. i. City Manager Search Councilmember Nawrocki felt it ~ould be timely to move ahead with the search for a person to fill. the City Manager's position. He suggested that Bernard Steffen be contacted to participate in the search noting that he had pre- viously assisted the City with labor negotiations. Motion by Nawrocki, second by Clerkin to authorize the utilization of Bernard Steffen to assist in the process In searching out and hiring of a City Manager. Roll call: All ayes Motion by Ruettlmann, second by Clerkin to appoint Bruce Nawrocki as the liaison between Bernard Steffen and the City Councll for input and scheduling of meetings. Councilmember Nawrocki noted that each Councilmember and staff would be contacted as an Initial part of-the process.'.Roll call: All ayes j. Suburban Rate Authority Meeting The next Suburban Rate Authority Meeting is scheduled for January 16th. It was noted that some members of the Public Service Commission will be in attendance. Four members of the City Council witl be attending the meeting. 10. REPORTS Regular Council Meeting January 14, l~l page 22 a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: I. Expanded Shared Ride Para-Transit Program: The City has been requested to handle the administration of this program which was originally to be assumed by Anoka County. The Regional Transit Board will be responsible for the funding of the program. Councilmember Nawrocki advised that all bids for the project received by Anoka County were rejected. The County had some insurance requirements that could not be met by taxi cab companies. Motion by Nmvrocki, second by Peterson to authorize the City of Columbia Heights to extend the Shared Ride Program through December 1~1. Roll call: All ayes 2. Snowy Removal on Residential Streets: Scheduling of personnel in the Public Works Department has changed so there will be a timely removal of snow from residential streets before the weather turns cold and this is not possible. Work Session Regular Schedule: The Acting City Manager recommended estab- lishing a regularly scheduled work session on a monthly basis. Motion by Ruettimann, second by Peterson to establish the third Monday of each month at 8:00 p.m. commencing in February as a regularly scheduled day and time for Council work sessions. This motion was wi'thdrawn. A work session was scheduled for 7:00 p.m. on January 31st. Mid-block Lighting in Alleys: Councilmember Ruettimann inquired hc~v mid- block lighting was paid for in alleys. The Acting City Manager adVised that they were installed based on property owners' requests and they were assessed to benefitting property o~ners. b. Report of the City Attorney The City Attorney advised the Council of three recent trials which were Pro- secuted on behalf of the City. The first found the defendant guilty of tres- passing. The second defendant was found guilty on one charge and sentenced to ninety days as well as given a restraining order. The third was to go to trial today but was settled last week. The amended draft of the Agreement for the parking ramp has been sent to-Zaidan Ho]dings, Inc. The City Attorney has not received a signed copy back yet. ADJOURNHENT Motion by Peterson, second by Ruettimann to adjourn the meeting at 10:15 p.m. Roll call: All ayes Anne Student~ Council Secretary Mayor Edward M: Carlgon