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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. REGULAR COUNCIL MEET1NG MAY 11, 1998 PAGE 2 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. REGULAR COUNCIL MEET1NG MAY 11, 1998 PAGE 3 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 REGULAR COUNCIL MEET1NG MAY 11, 1998 PAGE 4 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 REGULAR COUNCIL MEET1NG MAY 11, 1998 PAGE 5 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: REGULAR COUNCIL MEETING MAY 11, 1998 PAGE 6 (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. REGULAR COUNCIL MEET1NG MAY 11, 1998 PAGE 7 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. REGULAR COUNCIL MEET1NG MAY 11, 1998 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. REGULAR COUNCIL M1NUTES 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; REGULAR COUNCIL MEET1NG MAY 11, 1998 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: REGULAR COUNCIL MEETING MAY 11, 1998 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. REGULAR COUNCIL MEET1NG MAY 11, 1998 PAGE 12 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. REGULAR COUNCIL MEET1NG MAY 11, 1998 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. REGULAR COUNCIL MEET1NG MAY 11, 1998 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. REGULAR COUNCIL MEET1NG MAY 11, 1998 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. REGULAR COUNCIL MEET1NG MAY 11, 1998 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. REGULAR COUNCIL MEET1NG MAY 11, 1998 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. REGULAR COUNCIL MEET1NG 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. REGULAR COUNCIL MEET1NG 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. REGULAR COUNCIL MEET1NG 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 REGULAR COUNCIL MEET1NG 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. REGULAR COUNCIL MEETING 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-