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HomeMy WebLinkAboutApril 27, 1998OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING APRIL 27, 1998 1. CALL TO ORDER/ROLL CALL The Mayor called the meeting to order at 7:00 p.m. Present were Mayor Sturdevant and Councilmembers Szurek, Jolly, Ruettimann and Peterson. 2, PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA The City Manager requested an issue on the Consent Agenda "Emergency Repair of Sanitary Sewer at 4120 and 4121 Second Street" be tabled. This request was made so further discussion could be held regarding the policy on payment in a situation like this. 4, CONSENT AGENDA Items on the Consent Agenda are considered routine by the City Council and will be enacted on by one motion. Items removed from the Consent Agenda will be considered after the Consent Agenda as the next order of business. A. Motion by Jolly, second by Szurek to adopt the Consent Agenda as follows: 1) Approval of Council Meeting Minutes The Council approved the minutes of the March 21, 1998 Goals Setting Retreat, the March 23, 1998 Regular Council Meeting, the April 13, 1998 Regular Council Meeting, the April 14, 1998 Board of Review and the April 22, 1998 Election Canvass. 2) Resolution No. 98-45 Being a Resolution Changing the Date of a Regular Council Meeting The reading of the resolution was waived there being ample copies available for the public. RESOLUTION 98-45 BEING A RESOLUTION CHANGING THE DATE OF A REGULAR COUNCIL MEETING WHEREAS: There is an observed holiday on the fourth Monday of May which is the date for the regularly scheduled Council Meeting; and REGULAR COUNCIL MEET1NG APRIL 27, 1997 PAGE 2 WHEREAS: The stated policy of the Columbia Heights City Council is that when an holiday is observed on either the second or fourth Monday of the month, the Council Meeting is scheduled to be held on the following Tuesday. NOW, THEREFORE, BE IT RESOLVED, that the second regular Council Meeting in the month of May, 1998, will be held on Tuesday, May 26, 1998 at 7:00 p.m. in the City Hall Council Chambers. Passed this 27th day of April, 1998. Offered by: Jolly Seconded by: Szurek Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 3) Appropriation of Reimbursement Grant Funds to Police Department Budget The Council approved the appropriation of $2,736 as total reimbursment to Columbia Heights from the Anoka County Auto Theft Grant from General Fund Revenue to the Police Department's 1998 budget under Line 1020. 4) Maintenance Contract for Defibrillators The Council authorized the Mayor and City Manager to enter into a twelve month agreement with Physio Control Corporation for the periodic inspection of two LP300 defibrillators at a cost of $672.00, payable in quarterly installments. 5) Insurance Coverage From 5-9-98 - 5-9-01 The Council authorized the Mayor and City Manger to enter into an agreement with St. Paul Companies for liability and property coverage for the period of May 9, 1998 through May 9, 2001 at an annual premium of $174,992. 6) Close Public Hearing Regarding Revocation of Rental License for Property at 1206-08 Circle Terrace The Council closed the public hearing regarding revocation of the rental license at property located at 1206-08 Circle Terrace owned by Kurt Lowenthal in that the property has been brought into compliance. REGULAR COUNCIL MEET1NG APRIL 27, 1998 PAGE 3 7) Establish Council Work Session Dates The Council established Wednesday, May 6, 1998 at 7:00 p.m. and Monday, May 18, 1998 at 7:00 p.m. as dates and times for Council work sessions. 8) First Reading of Ordinance No. 1371 Being an Ordinance Pertaining to the Licensing of Cigarette/Tobacco Sales The reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1371 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO CIGARETTE/TOBACCO SALES The City of Columbia Heights does ordain: Section 2: Section 5.302 of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 5.302(1) No person shall engage in the trade or sale of retail of cigarettes or cigarette wrappers without a license issued pursuant to the provisions of this chapter. 5.302(2) License applicants under this section shall state in the application the location where cigarettes or cigarette wrappers will be sold, the general nature of other business conducted at said location, and whether sales will be made by vending machine or over the county. 5.302(3) A separate license shall be required for each location or machine where cigarettes or wrappers are sold. 5.302(4) No license or agent or employee thereof shall sell or distribute cigarettes or cigarette wrappers to a minor. 5.302(5) The requirements for a license under this section is supplemental to the requirement for a license under any other section of this Article. REGULAR COUNCIL MEET1NG APRIL 27, 1998 PAGE 4 Shall hereafter be amended to read as follows: SECTION 2 CIGARETTE/TOBACCO SALES s.302(1) PURPOSE An ordinance relating to the sale, possession, and use of tobacco, tobacco products, and tobacco related devices in the City and to reduce the illegal sale, possession, and use of such items to and by minors. Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and use are violations of State laws; studied have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Mn. Statute 144.391. s.302(2) DEFINITIONS AND INTERPRETATIONS Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural ahd the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term "shall" means mandatory and the term "may means permissive. The following terms shall have the definitions given to them: (A) Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall mean any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff, fine cut or other chewing tobacco, cheroots, stogies; perique; granulated, plug cut, crimp cut, ready- rubbed, and other smoking tobacco; snuff flowers; cavendish; short plugs and twist tobacco; dipping tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking. REGULAR COUNCIL MEET1NG APRIL 27, 1998 PAGE 5 (B) Tobacco Related Devices. "Tobacco related devices" shall mean any tobacco product as well as a pipe, rolling papers, or other device used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products. (C) Self-Service Merchandising. "Self Service Merchandising" shall mean open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. (D) Vending Machine. "Vending Machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device. (E) Individual Packaged. "Individually packaged" shall mean the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this section shall not be considered individually packaged. (F) Loosies. "Loosies" shall mean the common term used to refer t a single or individually packaged cigarettes. (G) Minor. "Minor" shall mean any natural person who has not yet reached the age of eighteen (18) years. (H) Retail Establishment. "Retail Establishment" shall mean any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants. REGULAR COUNCIL MEET1NG APRIL 27, 1998 PAGE 6 (I) Moveable Place of Business "Movable Place of Business" shall refer to any form of business operated out a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. (J) Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or other consideration. (K) Compliance Checks. "Compliance Checks" shall mean the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco products, and tobacco related devices. s.302(3) LICENSE REQUIRED. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related devices without first having obtained a license to do so from the City. (A) Application, An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the License Clerk shall forward the application to the City Council for actions at its next regularly scheduled meeting. If the clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. REGULAR COUNCIL MEET1NG APRIL 27, 1998 PAGE 7 5.302(4) (B) Action. The City Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. The clerk shall refer the completed application to the Police Department for a background and record check prior to formal review by the City Council. If the City Council shall approve the license, the License Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the Council's decision. (C) Term. The term of each license shall follow the calendar year with an expiration date of December 31 of each year and are not pro-rated. (D) Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties section of this ordinance. (E) Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. Change of location or applicant will be required to be treated as a new application. (F) Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance. (G) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. (H) Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for renewal shall be made at least sixty days but no more than ninety days before the expiration of the current license. The issuance of a license issued under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. FEES. No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. REGULAR COUNCIL MEET1NG APRIL 27, 1998 PAGE 8 5.302(5) 5.302(6) BASIS FOR DENIAL OF LICENSE The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section; (A) The applicant is under the age of 18 years. (B) The applicant or any employee thereof has been convicted within the past five years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco products, or tobacco related devices. (C) The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding twelve months of the date of application. (D) The applicant fails to provide any information required on the application, or provides false or misleading information. (E) The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation, from holding such a license. PROHIBITED SALES It shall be a violation of this ordinance for any persons, employee or responsible party to sell or offer to sell any tobacco, tobacco product, or tobacco related device: (A) To any person under the age of eighteen (18) years. (B) By means of any type of vending machine. (C) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee or the licensee's employee, and the customer. REGULAR COUNCIL MEET1NG APRIL 27, 1998 PAGE 9 5.302(7) 5.3o2(8) 5.302(9) (D) By means ofloosies. (E) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. (F) By any other means, to any other person, or in any other manner or form prohibited by Federal, State, or other local law, ordinance provision, or other regulation. VENDING MACHINES PROHIBITION It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine. SELF-SERVICE SALES. It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee and his or her clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a cunter or other area not freely accessible to customers or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply with this section before a new license is issued for the next license year. RESPONSIBILITY. All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. It shall be the license holders responsibility to provide training to any employee conducting tobacco sales and/or sales of tobacco related products and devices and to document proof of such training to be provided upon request by any enforcing agent of the City. REGULAR COUNCIL MEET1NG APRIL 27, 1998 PAGE 10 s.302(10) COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to inspection by the City Police or other authorized City Official during regular business hours. From time to time, but at least one per year, the City shall conduct compliance checks by engaging, with the written consent of their parents and guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter into the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of compliance checks shall be supervised by City designated law enforcement officres or other designated City personnel. Minors used for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age and all minors lawfully engaged in a compliance check shall answer all questions about the minors age asked by the licensee or his or her employee and shall produce any identification for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law. s.302(11) OTHER ILLEGAL ACTS Unless otherwise provided, the following acts shall be a violation of this ordinance. A. Illegal Sales It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor. B. Illegal Possession It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. C. Illegal Use It shall be a violation of this ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. REGULAR COUNCIL MEET1NG APRIL 27, 1998 PAGE 11 D. Illegal Procurement It shall be a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall also be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor, and it shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. E. Use of False Identification It shall be a violation of this ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. s.302(12) VIOLATIONS. In addition to any fine or other penalty, whether civil or criminal, violation of this ordinance by a licensee under this ordinance shall be grounds for the suspension or revocation of the license. A. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. B. Hearings. If a person accused of violating this ordinance so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. C. Hearing Officer. The City Council shall serve as the hearing officer. D. Decision. If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officers reason for finding a violation and the penalty to be imposed under the Penalty section of this ordinance, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. REGULAR COUNCIL MEET1NG APRIL 27, 1998 PAGE 12 5.302(13) Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. E. Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the city in which the alleged violation occurred. F. Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. G. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. PENALTIES. A. Licensees. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine of $75.00 for a first violation of this ordinance; $200.00 for a second offense at the same licensed premises within a twenty-four (24) month period; and $250.00 for a third or subsequent offense at the same location within a twenty-four (24) month period. In addition, after the third offense, the license shall be suspended for not less than seven (7) days. B. Other Individuals. Other individuals, other than minors regulated by Section C of this subsection, found to be in violation of this ordinance shall be charged an administrative fee of $50.00. C. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be required to attend a diversion or educational program. D. Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this ordinance. REGULAR COUNCIL MEET1NG APRIL 27, 1998 PAGE 13 5.302(14) EXCEPTIONS AND DEFENSES. Nothing in this ordinance shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by State law. 5.302(15) SEVERABILITY AND SAVINGS CLAUSE. If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance. First Reading: April 27, 1998 The second reading and public hearing of Ordinance No. 1371 was established for May 11, 1998. 9. Payment of Bills The Council approved the payment of the bills as listed out of proper funds. 10. Approval of License Applications The Council approved the license applications as listed. 11. Livable Communities Funding Application The Council authorized staff to submit an application for the Livable Communities Demonstration Account Fund for a project identified through the Minnesota Design Team visit. 12. Approval of the Metropolitan Council Local Planning Assistance Grant Program Agreement The Council approved the Metropolitan Council Local Planning Assistance Program Grant Agreement and acknowledged receipt of $7,410.00 in grant funds; and also authorized the Mayor and City Manager to enter into an agreement for the same. 13. Approval of the 1997 Community Development Block Grant Program Agreement The Council approved the 1997 Community Development Block Grant Program Agreement between the County of Anoka and the City of Columbia Heights and authorized the Mayor and City Manager to enter into an agreement for the same. REGULAR COUNCIL MEET1NG APRIL 27, 1998 PAGE 14 14. First Reading of Ordinance No. 1372 Being an Ordinance Regarding Sale of the Property at 566 38th Avenue Northeast The reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1372 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AND ORDINANCE NO. 1294, AUTHORIZATION TO CONVEY CERTAIN REAL ESTATE LOCATED AT 566 38TM AVENUE NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Quality Checked Construction, Inc., the real property described as follows, to wit: That part of Lot 12, lying west of the east 11.6 feet thereof, and all of Lot 13, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the sale and development agreement. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: April 27, 1998 The public hearing and second reading of Ordinance No. 1372 were scheduled for May 11, 1998 at approximately 7:00 p.m. Roll call on Consent Agenda: All ayes 5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS None REGULAR COUNCIL MEET1NG APRIL 27, 1998 PAGE 15 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) First Reading of Ordinance No. 1370 Being an Ordinance Pertaining to Licensing of Pool/Billiard Halls The EDA Director addressed the most significant changes to the ordinance in the latest draft which was Draft #4. Councilmember Ruettimann expressed concern with approving the ordinance without further controls being placed on it. He inquired how many violations of the ordinance would be needed before the license was revoked. The Police Chief suggested the Council receive a monthly report from the Police Department regarding violations. He felt the Council is the appropriate body to decide on license revocation criteria. The resident from 4429 Washington Street stated his support for the ordinance being approved. He cited his experiences with the pool hall as a patron. Motion by Peterson, second by Sturdevant to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1370 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL/BILLIARD HALLS The City of Columbia Heights does ordain: Section 2: Section 5.402 of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 5.402(1) No person shall operate or maintain a pool hall or pool table on any premises used for a business or commercial activity unless that person (a) possesses a license issued pursuant to the provisions of this chapter; and (b) is at least eighteen years of age at the time of submitting an application for licensure pursuant to the provisions of this chapter. REGULAR COUNCIL MEET1NG APRIL 27, 1998 PAGE 16 5.402(2) 5.402(3) 5.402(4) 5.402(5) 5.402(6) For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any building, structure or tract of land which has at least one use or activity providing any of the following or any combination of any of the following amusements: (a) billiards/pool (not coin operated); (b) snooker (not coin operated); (c) bumper pool (not coin operated); (d) table tennis (not coin operated); (e) less than nine (9) arcade games or devices as defined by 5.41 l(2)(b-e). A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating: (a) the nature of other licensed or proposed business or commercial activity; (b) the name and date of birth of the licensee or license applicant for such a business; (c) whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities; (d) whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the same premises. Applications shall contain a statement of the number of gaming tables to be utilized, and whether the tables are coin operated, and if arcade games are to be utilized, the number of said games. Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity. Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be grounds for denial of said license application. REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 17 5.402(7) No pool hall licensed under this section: (i) shall be located: (i) within three hundred (300) feet of any school building or church, or, (ii) if no alcohol is served at the pool hall or billiards hall, within two hundred (200) feet of any school building or church; (ii) Any pool hall or billiards hall operating pursuant to Section 5.402(7)(i)(b) shall prohibit any person not at least 18 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian. 5.402(8) For any person operating a pool hall or billiards hall pursuant to this section 5.402, a conditional use permit shall be required and issued pursuant to and in accordance with the provisions of Chapter 9.105(5). 5.402(9) The license may be revoked or suspended in accordance with this Chapter whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct: (a) (b) (c) (d) (e) Fraud, deception or misrepresentation in connection with the securing of a license; Conduct inimical to the interests of public health, safety and welfare; Conduct involving moral turpitude; Conviction of an offense involving moral turpitude by any court of competent jurisdiction; Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of the license if the Police Department for the City received five or more complaints within one month's time of any of the following activities occurring within, upon or around the premises operating the licensed pool hall; fencing of stolen goods, possession and/or distribution of controlled substances, public intoxication, disorderly conduct or assault. REGULAR COUNCIL MINUTES APRIL 27, 1998 PAGE 18 Shall hereafter be amended to read as follows: SECTION 2 POOL/BILLIARD HALLS 5.402(1)_ No person shall operate or maintain a pool hall or pool table on any premises used for a business or commercial activity unless that person: (a) Possesses a license issued pursuant to the provisions of this chapter; and (b) Is at least eighteen years of age at the time of submitting an application for licensure pursuant to the provisions of this chapter. 5.402(2) For any person operating a pool hall or billliards hall pursuant to this section, a Conditional Use Permit shall be required and issued pursuant to and in accordance with the provisions of the Zoning Ordinance. 5.402(3) For the purpose of this section, the terms "pool hall" and "billiards hall" shall mean any building, structure or tract of land which has as at least one use or activity providing any of the following or any combination of any of the following amusements: (a) (b) (c) (d) (e) billliards/pool (not coin operated); snooker (not coin operated); bumper pool (not coin operated); table tennis (not coin operated); less than nine (9) arcade games or devices as defined by 5.41 l(2)(b- e). 5. 402(4) A license application for operation of pool tables on the same premises as any other licensed business or proposed commercial activity shall contain a statement indicating: (a) The nature of other licensed or proposed business or commercial activity; (b) The name and date of birth of the licensee or license applicant for such a business; (c) Whether the licensee or operator of the pool hall or pool tables would have operational control over both business activities; REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 19 5.402(5) 5.402(6) 5.402(7) 5.402(8) (ii)5.402(9) (d) Whether the operation of pool tables would be an incident of said other licensed business, or would be an independent business sharing the same premises. Applications shall contain a statement of the number of gaming tables to be utilized, and whether the tables are coin operated, and if arcade games are to be utilized, the number of said games. Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an inspection of the premises and a report indicating whether the premises are in compliance with all applicable ordinances and regulations, unless the same premises have been previously inspected within the same calendar year in conjunction with the issuance of a license for any other business or commercial activity. Applications under this section shall include a statement whether the applicant has ever been convicted for violation of any law relating to gambling activities. Such a conviction may be grounds for denial of said license applications. No pool hall licensed under this section (i) shall be located: (a) Within three hundred (300) feet of any school building or church, or (b) If no alcohol is served at the pool hall or billiards hall, within two hundred (200) feet of any school building or church. Any pool hall or billiards hall operating pursuant to 5.402(8)(b) shall prohibit any person not at least 14 years of age from entering the establishment as a patron unless accompanied by a parent or legal guardian. Any person not at least 18 years of age shall be prohibited from remaining in the establishment as a patron beyond ½ hour prior to their curfew with notification given by the establishment one hour prior to curfew. The curfew requirements shall be prominently displayed inside at all entrances and exits to the business and in at least two other locations inside the hall. REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 20 5.402(10) The license may be revoked or suspended in accordance with this chapter whenever the licensee, its owner, manager, or any of its employees or agents have engaged in any of the following conduct: (a) Fraud, deception or misrepresentation in connection with the securing of a license; (b) Conduct inimical to the interests of public health, safety and welfare; (c) Conduct involving moral turpitude; (d) Conviction of an offense involving moral turpitude by any court of competent jurisdiction; (e) Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. In addition to the grounds for revocation set forth in subsections (a) through (e) above, it shall be grounds for revocation of the license if the Police Department for the City receives five or more complaints within one month's time of any of the following activities occurring within, upon or around the premises operating the licensed pool/billiard hall; fencing of stolen goods, possession of/or distribution of controlled substances, public intoxication, disorderly conduct or assault. First Reading: April 27, 1998 Motion by Peterson, second by Szurek to schedule the public hearing and second reading of Ordinance No. 1372 for May 11, 1998 at approximately 7:00 p.m. Roll call: All ayes B. Bid Considerations None REGULAR COUNCIL MEET1NG APRIL 27, 1998 PAGE 21 C. Other Business 1) Appointment to Youth Initiative Commission Councilmember Ruettimann requested the Youth Commission Facilitator, Matt Linngren, to comment on some of the goals and objectives of the Commission. Linngren advised that some of the issues/goals the Commission is addressing are the upcoming visit of the Design Team, after school activities for youth, 100th birthday celebration of the City and efforts to reduce youth crime as well as nuisance issues such as smoking, graffitti, etc. He noted that Commission members had discussed the pool hall ordinance and related matters. Motion by Jolly, second by Ruettimann to appoint Colleen Day to the Youth Initiative Commission to fill the term which expires August 31, 1998. Roll call: All ayes 2. Adopt Life Cycle Housing Study Motion by Ruettimann, second by Peterson to accept the Life Cycle Housing Study as a resource for the Comprehensive Plan update and Livable Communities goals. Roll call: All ayes 3. Approve Contract for Planning Consultant Services The EDA Director advised that the security system and repair of property damaged with a lighting strike at Parkview Villa are projects to be done. The City Manager stated there are sufficient funds remaining to do these projects. Motion by Szurek, second by Jolly to award the consulting services to SRF Consulting Group, Inc. in the amount of $51,760.00 plus $539.00 for direct out of pocket expenses with funds to be appropriated from 201-42400-3050, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for same. Roll call: All ayes Motion by S zurek, second by Jolly to authorize additional $21,398 for planning consultant services be transferred to Fund 201 with funding from 203-46330-7410 in the amount of $14,920 and from General Fund permit revenues in the amount of $6,478, subject to approval of the Columbia Heights EDA. Roll call: All ayes REGULAR COUNCIL MEET1NG APRIL 27, 1998 REGULAR COUNCIL MEETING APRIL 27, 1998 PAGE 22 Councilmember Ruettimann inquired if Council had authorized moving of money fi.om the Water Tower Fund to the General Fund. The City Manager responded this had not been authorized by the City Council but was done by the Finance Director. Councilmember Ruettimann suggested that some staff is stepping out of bounds by putting money in this fund. Councilmernber Jolly inquired if the balance in the Water Fund would be addressed soon. The City Manager suggested this would be an agenda item in the near future. 8. ADMINISTRATIVI~ REPORTS A. Report of the CiW Manager The City Manager briefly reviewed some of the timetable and activities of the Design Team. B. Report of the City Attorney The City Anomey had nothing to report. 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions The minutes of the April 7, 1998 Library Board Meeting were included in the agenda packet. No Council action was required. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA There were no citizens present for comments. 11. ADJOUKNM NT Motion by Peterson, second by Sturdevam to adjo_um the meeting at 7:40 p.m. Roll call: AIl ayes ~~r~~ ~ C~ ''~ Uo-Anne Student, Council Secretary