HomeMy WebLinkAboutMay 11, 1998OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
MAY 11, 1998
1. CALL TO ORDER/ROLL CALL
The Council Meeting was called to order by the Mayor. Present were Mayor Sturdevant and
Councilmembers Szurek, Ruettimann and Peterson. Councilmember Jolly was absent.
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS AND DELETIONS TO MEETING AGENDA
There were no additions nor deletions to the meeting agenda.
4. CONSENT AGENDA
(Items on the Consent Agenda are considered routine by the City Council and are enacted by one
motion. Items removed from the Consent Agenda are taken up as the next order of business)
A. Motion by Sturdevant, second by Peterson to adopt the Consent Agenda as follows:
1) Approval of Council Meeting Minutes
The Council approved the minutes of the April 27, 1998 Continued Board of Review and
the April 27, 1998 Regular Council Meeting.
2) Authorization to Request Proposals for Recodification of City Code
The Council authorized staff to request proposals for the recodification and publication of
the City Code.
3) Revision to 1998 Salary_ Range for Assistant Finance Director
Motion by Sturdevant, second by Ruettimann to remove this item from the agenda and
place it on the agenda for the next Council work session. Roll call: All ayes
4) Exchange of Copy Machine
The Council approved of the exchange of the refurbished Sharp SF2035 copier for the
newly refurbished Canon 6650II for the Recreation Department at no additional cost to
the City.
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5) Establish Hearing Date for License Revocation for Rental Properties
The Council established the hearing date of June 29, 1998 for revocation or suspension of
a license to operate a rental property within the City of Columbia Heights against
properties owned by Lynde Investment Company at the following addresses: 4050 4th
Street; 4060 4th Street, 4100 4th Street, 4120 4th Street, 4425 University Avenue, 4433
University Avenue, 4441 University Avenue, 4707 University Avenue, 4715 University
Avenue, 5121 University Avenue, 5131 University Avenue and 5141 University Avenue.
The Council established the hearing date of June 8, 1998 for revocation or suspension of a
license to operate a rental property within the City of Columbia Heights against property
owner Kurt Lowenthal regarding rental property at 1407-09 Circle Terrace.
6) Emergency Repair of Sanitary Sewer at 4120 and 4121 Second Street
The Council approved payment to PipeRight Plumbing in the amount of $9,978.22 for the
emergency repair of sanitary sewer at 4120 and 4121 Second Street with funds to be
appropriated from the Sewer Fund (602-49450-4000).
7) Engineering Copier Replacement
The Council awarded the purchase of Xerox 3030 engineering copier from MinnBlue
Digital of Minneapolis, Minnesota, based on their low quote of $6,579.68 with trade-in on
Xerox 2510 ($9,579.68 minus trade-in deduction of $3,000), and authorized the Mayor
and City Manager to enter into an agreement for the same.
8) Permits for Jamboree
The Council authorized staff to close Jefferson Street from 39th to 40th Avenues from
Monday afternoon, June 22, 1998 to Sunday, June 28, 1998.
The Council authorized the Police Department to issue a parade permit for the Jamboree
Parade to be held on Friday, June 26, 1998 at 6:30 p.m. for the following streets: Central
Avenue at 45th Avenue, South to 40th Avenue, west on 40th Avenue to 5th Street and 5th
Street to Mill Street.
The Council authorized fireworks on June 27, 1998 (rain date of October 2, 1998) in
conjunction with the Jamboree activities and to appropriate up to $2,000 to be earmarked
for fireworks display from Fund 101-45050-4378.
9) Authorization to Advertise for Bids for 1998 Miscellaneous Concrete Project
The Council authorized staff to advertise for bids for 1998 Miscellaneous Concrete
Project.
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10) Authorization to Obtain Quotes for Railroad Concrete Crossing Material
The Council authorized staff to obtain quotes for railroad concrete crossing material.
11) First Reading of Ordinance No. 1373 Being an Ordinance Regarding an Alley
Vacation
This item was moved to the "Other Business" section of the agenda.
12) Payment of the Bills
The Council authorized payment of the bills as listed out of proper funds.
13) Approval of License Applications
The Council approved the license applications as listed.
Roll call on Consent Agenda: All ayes
5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS
A) Proclamation
The Mayor presented a proclamation designating the week of May 18, 1998 as Public
Works Week to Kevin Hansen, the Public Works Director. Mr. Hansen invited all present
to the City Open House on May 19th at the Public Works Building.
B) Introduction of New Employee
Pat Muscovitz, the newly-hired Community Development Secretary, was introduced by
the EDA Director.
C) Contributions
The family of Merle Glader, a former Columbia Heights Chief of Police, sent a letter to
the Police Department which spoke to contributions being made in his memory. The
contributions were for expenditures associated with a Police Explorer trip and two
scholarships for graduating seniors.
6. PUBLIC HEARINGS
None
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7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1) Second Reading of Ordinance No. 1372 Authorizing Conveyance of Certain Real
Estate Located at 566 38th Avenue
Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there
being ample copies available for the public. Roll call: All ayes
ORDINANCE NO. 1372
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,CITY CODE OF 1977
AND ORDINANCE NO. 1294, AUTHORIZING TO CONVEY CERTAIN REAL
ESTATE LOCATED AT 566 38TH 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:
Second Reading:
Date of Passage:
April 27, 1998
May 11, 1998
May 11, 1998
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
All ayes
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2) Second Reading and Public Hearing of Ordinance No. 1370 Being an Ordinance
Pertaining to the Licensing of Pool/Billiard Halls
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.
5.402(2)
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).
5.402(3)
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:
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(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.
5.402(4)
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.
5.402(5)
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.
5.402(6)
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.
5.402(7) 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;
(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.
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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.
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.
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PAGE 8
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)
(b)
(c)
(d)
The nature of other licensed or proposed business or commercial
activity;
The name and date of birth of the licensee or license applicant for
such a business;
Whether the licensee or operator of the pool hall or pool tables
would have operational control over both business activities;
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.
5.402(5)
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.
5.402(6)
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.
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MAY 11, 1998
PAGE 9
5.402(7)
5.402(8)
5.402(9)
5.402(10)
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.
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;
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PAGE 10
(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:
Second Reading:
Date of Passage:
April 27, 1998
May 11, 1998
May 11, 1998
Offered by: Peterson
Seconded by: Sturdevant
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
3) Second Reading and Public Hearing of Ordinance No. 1371 Being an Ordinance
Pertaining to the Licensing of Cigarette/Tobacco Sales
Motion by Szurek, second by Peterson to waive the reading of the ordinance there being
ample copies available for the public. Roll call: All ayes
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:
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PAGE 11
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.
Shall hereafter be amended to read as follows:
SECTION 2
5.302(1)
CIGARETTE/TOBACCO SALES
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.
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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.
(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.
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PAGE 13
(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.
(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.
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PAGE 14
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.
(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.
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PAGE 15
5.302(4)
5.302(5)
(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.
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.
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PAGE 16
5.302(6)
5.302(7)
5.3o2(8)
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.
(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
counter 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.
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PAGE 17
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.
5.302(9)
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.
5.302(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 officers 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.
5.302(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.
REGULAR COUNCIL MEET1NG
MAY 11, 1998
PAGE 18
s.302(12)
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.
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.
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.
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MAY 11, 1998
PAGE 19
5.302(13)
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. 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.
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MAY 11, 1998
PAGE 20
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.
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:
Second Reading:
Roll call:
April 27, 1998
May 11, 1998
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
B. Bid Considerations
None
C. Other Business
1) 1998 Project Safety Net Bill
Kevin Thomas, Director of Project Safety Net, spoke to the history of the project which
was begun in 1995. The purpose of the program is to give area police departments a
resource to deal with juveniles who are caught out on the streets after curfew.
REGULAR COUNCIL MEET1NG
MAY 11, 1998
PAGE 21
Motion by Sturdevant, second by Ruettimann to approve the payment of $6,000 to Project
Safety Net. Cost to be covered as follows: $5,000 from the 1998 police budget line 3050
and $1,000 to come from the Forfeiture Fund #265. Roll call: All ayes
2) Conditional Use Permit - 2121 37th Avenue Northeast
Motion by Peterson, second by Szurek to approve the conditional use permit to allow a
drive-in Beanie Baby retail business at 2121 37th Avenue. Roll call: All ayes
3) First Reading of Ordinance No. 1373 Being a Request to Vacate an Alley
Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there
being ample copies available for the public. Roll call: All ayes
The EDA Director advised that the City will receive a sixteen foot access easement to the
North-South alley as part of the new Bobby and Steve's Autoworld plat. The City Planner
reviewed the alley and addressed concerns relative to the alley. Discussion followed
regarding possible changes to the alley and a suggested cul-de-sac.
ORDINANCE NO. 1373
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853
CITY CODE OF 1977, VACATING A CERTAIN ALLEY
AND ACCEPTING AN ACCESS EASEMENT
The City of Columbia Heights does ordain:
Section 1:
The City of Columbia Heights herewith vacates the public alley over,
across, and under the following described property, to wit:
That part of the alley found within the plats of CENTRAL AVENUE
SUBDIVISION and SPAIN'S ADDITION, Anoka County, Minnesota
lying between the easterly extension of the northerly line of the South 41
feet of Lot 9, said CENTRAL AVENUE SUBDIVISION and the
northwesterly right of way line of RESERVOIR BOULEVARD, excepting
and reserving the authority of any person, corporation or municipality
owning or controlling electric or telephone poles and lines, gas and sewer
lines, or water pipes, mains and hydrants, thereon or thereunder, to
continue maintaining the same or to enter upon such way or portion thereof
vacated to maintain, repair, replace, remove or otherwise attend thereto.
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MAY 11, 1998
PAGE 22
Section 2:
This ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
First Reading:
May 11, 1998
Motion by Ruettimann, second by Peterson to establish May 26, 1998 at approximately
7:00 p.m. as the date for the second reading of Ordinance No. 1373 being an ordinance
vacating a portion of a certain alley. Roll call: All ayes
4) Variances and Alley Vacation - 3701 and 3842 Central Avenue
The City Planner reviewed the five variances being required to accommodate the proposed
development at 3701 Central Avenue for a motor fuel station with car wash and
deli/restaurant on the east side of Central Avenue and the proposed development at 3842
Central Avenue for a ten bay motor vehicle repair/service business on the west side of
Central Avenue.
The legal counsel for the Reservoir Boulevard Association took issue with many features
of the project including its size on the east side of Central Avenue, concentration of use in
one area, acceptance of parking spaces at gas pumps, basis for hardship and current
zoning relative to future use. The City Planner, project architect and City Attorney
responded to these concerns.
Other concerns expressed addressed such issues as the needed turning radius for delivery
trucks on the east side property (this information will be supplied by the project architect
to the City Council) and pedestrian safety.
An area resident had suggested a deadend alley should be considered north of the station
on the east side of Central Avenue. The City Manager felt this was feasible. A resident
noted that garbage pick-ups are done from the front of the homes on Reservoir Boulevard
and suggested a sixty foot cul-de-sac could be put in.
Motion by Peterson, second by Ruettimann to approve the variances to Sections
9.116(18)(c), 9.116(18)(e), 9.116(18)(f), 9.116(18)(i), 9.116(6)(b) because strict
adherence to the provisions of this ordinance would create an undue hardship to the
landowner. Roll call: All ayes
Motion by Peterson, second by Sturdevant to review the newly proposed alley design
during the preliminary and final plat review. Roll call: All ayes
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MAY 11, 1998
PAGE 23
Councilmember Ruettimann directed the City Manager to schedule a meeting with the
Council and the staff regarding the alley suggestions.
5) Livable Communities Funding Application
Staff is requesting authorization to submit an application for the Livable Communities
Demonstration Account Fund.
Staff reviewed the several objectives as outlined in material distributed at tonight's
meeting. The City Manager noted that there are currently no fixed long range plans. The
deadline for submission of this application is May 15th. He stated items for the application
will be considered at a future Council work session.
Councilmember Ruettimann stated his opposition to the first item on the application; that
being, a transit station in the downtown area of Columbia Heights. He felt the first priority
should be scattered site housing. It was his observation that there is no land to build what
is being applied for in the application. It was noted by the City Manager that the
application could be amended or altered before it is submitted.
Motion by Szurek, second by Peterson to authorize staff to submit an application for the
Livable Communities Demonstration Account Fund.
The EDA Director views the transit issue as being a key issue in that it is referenced in the
Metropolitan Council handbook. He stated that a significant amount of funding has been
allocated by Anoka County and by the Metropolitan Council for a transit hub to be located
in Columbia Heights. He recommended the application be amended to add scattered site
housing but to not delete the transit hub.
Councilmember Ruettimann had reservations regarding the use of the transit issue.
Roll call: Szurek, Peterson, - aye Ruettimann, Sturdevant - nay Motion fails.
Motion by Ruettimann, second by Sturdevant to authorize staff to submit an application
for the Livable Communities Demonstration Account Fund; amend the application by
adding scattered site housing as the first item on the application; and, placing the transit
hub issue at the end of the list of projects on the application. Roll call: All ayes
REGULAR COUNCIL MEET1NG
MAY 11, 1998
PAGE 24
8. ADMINISTRATIVE REPORTS
A. Report of the City Manager
The City Manager advised there is a lengthy agenda for the May 18th Council Work
Session.
B. Report of the City Attorney
The City Attorney had nothing to report at this time.
9. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
1) April 20, 1998 Economic Development Authority
2) April 7, 1998 Planning and Zoning Commission
3) April 22, 1998 Park and Recreation Commission
10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
A. The resident at 5005 6th Street advised he has two unpaved driveways. One he rarely
uses. He requested a time extension to comply with the hard surfaced driveway ordinance.
His intention is to pave the shorter driveway before the deadline of July 1st. His extension
request is for the second driveway.
Councilmember Ruettimann inquired if this property owner could pave the fifteen feet
adjacent to the street of the second driveway. This would prohibit debris from going into
the street and entering the sewer system. The resident has some questions relative to this
request which could be responded to by the Public Works staff.
Motion by Ruettimann, second by Sturdevant to direct the Public Works staff to assist this
property owner with regards to the surfacing of the first fifteen feet, if feasible, in the
second driveway. Roll call: All ayes
B. The owner of property at 4931-33 Jackson Street stated her concerns with a neighbor
in that she felt he was doing car repair in his garage, harassing her and is responsible for
some damage on her property. She also referred to a compliance order she had received
from the City which she felt was unconstitutional.
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MAY 11, 1998
PAGE 25
Councilmember Ruettimann recalled the concems stated by this property owner have
been expressed at previous Council meetings. In response to her complaints, mediation
sessions had been scheduled and this property owner did not attend.
The compliance orders requested removal of pallettes from her yard, repair of a broken
window and removal of debris and weeds in the yard.
The City Manager inquired if this property owner would be willing to attend a mediation
session if the City makes the arrangements. She indicated she would. The Mayor stated
he will request the Building Inspector to follow-up on her statement regarding auto repair
on private property.
C. The resident at 2200 Highland Place expressed his concern with street repair scheduled
for his street. He noted that the water line in the street is very old. He wanted to know if
the condition of the line has been viewed lately. He felt it would be unfortunate if the
street were resurfaced and then had to be dug up to repair the water line. He offered to
contact the Public Works Department regarding this matter.
D. Councilmember Ruettimann said there was a resident, previously interviewed by the
Council, who was interested in being appointed to the Park and Recreation Commission.
There is a vacancy on the Park and Recreation Commission.
Motion by Ruettimann, second by Peterson to appoint Gary Mayer to a five year term on
the Park and Recreation Commission. Roll call: All ayes
11. ADJOURNMENT
Motion by Peterson, second by Sturdevant to adjourn the Council Meeting at 9:50 p.m.
Roll call: All ayes
//o-Anne Student, Council g'ecretary
a-yor ~seph-~t~rdevant-