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HomeMy WebLinkAboutSeptember 28, 1998 Regular Mayor CITY OF COLUMBIA HEIGHTS (l'-) Jose hS, urdev.n, Councilmembers Donald G. Jolly 590 40th AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806MarlaineSzurek Gary L. Peterson Robert V/. Ruettimann ADMINISTRATION City Manager Walter R. Fehst SEPTEMBER 25, 1998 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, September 28, 1998 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, uPon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) MOTION: Move to approve consent agenda items as follows: a) Minutes for Approval MOTION: Move to approve the minutes of 1) the September 14, 1998 Regular Council Meeting, 2) the September 16, 1998 Election Canvass and 3) the September 16, 1998 Special Council Meeting as presented. b) Authorize Purchase of LCD Projector and Screen MOTION: Move to authorize staff to purchase a Panasonic LCD projector from Alpha Video for $5,159.93 with funds to be appropriated from the Refuse and Cable fund balances. c) Resolution No. 98-82 Bein~ a Resolution Approving 1999 License Fee Schedule MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to approve Resolution No. 98-82 being a resolution approving 1999 license fee schedule. Page 1 COUNCIL AGENDA LETTER SEPTEMBER 28, 1998 d) First Reading of Ordinance No. 1377 Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to the Amendment of Certain Sections of the Licensing Requirements of the City MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to schedule the second reading and public heating of Ordinance No. 1377 for Monday, October 12, 1998 at approximately 7:00 p.m. e) Payment of Invoice to Metropolitan Council Environmental Services MOTION: Move to approve payment of invoice for emergency repair work of MCES sewer at 45th Avenue and 2 ½ Street to Metropolitan Council Environmental Services in the amount of $40,703.70 fi:om the Sanitary Sewer Construction Fund 652-49499-5130. f) Donation to Fireworks for Dedication of Football Field MOTION: Move to approve a donation of $1,000 from the Mayor/Council Contingency Fund for the fireworks display by B.J. Erickson Pyrotechnics on October 2, 1998 for the dedication of the newly refurbished football field at the Columbia Heights High School. g) Resolution No. 98-81 Being a Resolution Amending Resolution No. 97-38 Pertaining to By-Laws and Procedures of the Columbia Heights Youth Initiative Commission MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt resolution No. 98-81 being a resolution amending the by-laws and procedures of the Columbia Heights Youth Initiative Commission. h) Resolution No. 98-83 Being a Resolution Delegating AuthoriW Regarding Block Party_ Request/Approval Procedure MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No 98-83 being a resolution delegating authority fi:om the City Council to the City Manager or his/her designee to approve block party requests requiring street closures. i) Resolution No. 98-84 Being a Resolution Regarding Serving Beer in Ci_ty Parks - Requests/Approval Procedure MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-84 being a resolution delegating authority fi:om the City Council to the City Manager (or his/her designee) to approve requests to serve beer in our city parks. j) Establish Hearing Dates - License Revocation, Rental Properties MOTION: Move to establish a hearing date of October 26,1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Richard Stueland for the property at 1035 45th Avenue. Page 2 ~OUN~IL AGENDA LETTER SEPTEMBER 28, 1998 MOTION: Move to establish a heating date of October 26, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Ivan Ludeman for the properties located at 4640 and 4648 Polk Street. MOTION: Move to establish a hearing date of October 26, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the Lynde Investment Company for the properties located at 4050, 4060, 4100, 4120 4th Street and 4425, 4433, 4441, 4707, 4715, 5121, 5131, 5141 University Avenue. k) Close Hearing - Rental License Revocation MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Yinsheng Zhang regarding rental property at 4636 Washington Street in that the property is in compliance with the Housing Maintenance Code. 1) Resolution No. 98-85 Being a Resolution Approving Final Plans and Specifications MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-85 being a resolution approving final plans and specifications and ordering advertisement for bids for City Project 1997-22; Sullivan Lake Sanitary Sewer and Wastewater Pumping Station Improvements. m) Approval of Pawnent of Bills MOTION: Move to approve payment of the bills as listed out of proper funds. n) Approval of License Applications MOTION: Move to approve the license applications as listed and to approve the rental property license applications as noted in the memo dated September 14, 1998 from Fire Chief Kewatt. o) Establish Council Work Session Dates MOTION: Move to establish Monday, October 5, 1998 at 7:00 p.m. as a Council Work Session and Councilmembers are requested to bring their appointment calendars for additional work session dates and for October budget session dates. 5. PROCLAMATIONS, INTRODUCTIONS. PRESENTATIONS AND GUESTS a) Acknowledgement of Columbia Heights Seniors - Participants in Senior Olympics 6. PUBLIC HEARINGS None Page 3 ~OUN~CIL AGENDA LETTER SEPTEMBER 28, 1998 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions None B. Bid Considerations None C. Other Business 1) Traffic Smd,; for Central Avenue Corridor From 37t~ to 40th Avenues MOTION: Move to accept the Traffic Study Report for Central Avenue Corridor from 37th to 40th Avenues prepared by BRW and authorize application to Mn/DOT for cooperative funding for Central Avenue improvements from 37th to 40th Avenues, as recommended in the report. 2) Recodification of CiW Code MOTION: Move to authorize staffto enter into a contract with the League of Minnesota Cities for the recodification and publication of the City Code based on their proposal dated August 4, 1998. 3) Revenue from Sale of Sullivan Park Land to Medtronic MOTION: Move to repay the Capital Improvements-Parks fund $80,198 form the land sale proceeds and to appropriate $279,750 from Sullivan Park land sale, and to appropriate $140,052 in General Fund undesignated fund balance, and to appropriate $80,198 from Capital Improvements-Parks fund balance for a total matching grant of $500,000 for a community center. ALTERNATE MOTION: Move to appropriate $359,948 from the Sullivan Park land sale, and to appropriate $182,602 in General Fund undesignated fund balance for a matching grant for a community center. ALTERNATE MOTION: Move to appropriate $359,948 from Sullivan Park land sale to a matching grant for the construction of a community center. ALTERNATE MOTION: Move to appropriate $ from the Sullivan Park land sale to , and to appropriate the remaining balance of $ to a matching grant for a community center. Page 4 ~OUI'¢C~ AGENDA LETTER SEPTEMBER 28, 1998 8. ADMI2xlIST~TIVE REPORTS A. Report of the Ci_ty Manager B. Report of the CiW Attorney 9. GENERAL COUNCIL COMMLEN-ICATIONS A. Minutes of Boards and Commissions 1) Library Board of Trustees Meeting of September 1, 1998. 2) Telecommunications Commission Meeting of September 17, 1998 3) EDA Meeting of August 18, 1998 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) RECESS TO EXECUTIVE SESSION MOTION: Move to recess the Regular Council Meeting to an Executive Session to discuss Stark et al vs. MPRS Lawsuit and to appoint Jo-Anne Student, Council Secretary, to keep a written report. RECONVENE REGULAR COUNCIL MEETING MOTION: Move to reconvene the Regular Council Meeting fi:om the Executive Session which was called to discuss Stark et al vs. MPRS Lawsuit with Jo-Anne Student, Council Secretary, keeping a written report. 11. ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. Walter Fehst, City Manager WF/js Page 5 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY HALL REGULAR COUNCIL MEETING SEPTEMBER 14, 1998 1. CALL TO ORDER/ROLL CALT, The meeting was called to order by Mayor Sturdevant at 7:00 p.m. Present were Mayor Sturdevant, and Councilmembers Szurek, Jolly, Ruettimann and Peterson. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA There were no additions nor deletions to the meeting agenda. 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will enacted upon as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) Motion by Ruettimann, second by Szurek to approve the Consent Agenda items as follows: a) Approval of Meeting Minutes The Council approved the minutes of the August 24, 1998 Regular Council Meeting as presented. b) Block Party Request - T. Herrick, 4048 Second Street Northeast The Council approved the block party request from T. Herrick, 4048 Second Street, to block off 41 st Avenue between Main Street and Second Street between the hours of 4:00 p.m. and 11:00 p.m. on September 19, 1998. c) Block Party Request - K. Mayer, 2115 Highland Place, The Council approved the block party request from K. Mayer, 2115 Highland Place, to block off Highland Place between 3:00 p.m. and 9:00 p.m. on September 19, 1998 with a rain date o£September 26, 1998. d) Establish Date for Public Special Assessment Lew Heating. The Council established Monday, November 16, 1998 at 7:00 p.m. as the Public Special Assessment Levy Heating to be held in the City Council Chambers. e) Second Reading of Ordinance No. 1376 Being an Ordinance Excluding Police Vehicles The reading of the ordinance was waived there being ample copies available for the public. REGULAR COUNCIL MEETING SEPTEMBER 14, 1998 PAGE 2 ORDINANCE NO. 1376 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PROHIBITING LEAVING A VEHICLE UNATTENDED WITH KEYS IN IGNITION Currently, the ordinance reads as follows: Chapter 10, Article IH, Section X: 10.305(3) No person in control of a motor vehicle, as owner or operator, shall permit such vehicle to stand unattended anywhere within the ciW, whether on public or private property, without first locking the ignition and removing the key from the vehicle. Is herewith amended to read as follows: 10.305(3) No person in control of a motor vehicle, as owner or operator, shall permit such vehicle to stand unattended anywhere within the city, whether on public or private property_, without first locking the ignition and removing the key from the vehicle. ao Notwithstanding the above, this provision shall not apply to any motor vehicle which is used in a police operation. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll call: August 24, 1998. September 14, 1998 September 14, 1998 Ruettimarm Szurek All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary f) Quotes From Consultants for a New Telephone System The Council authorized staffto request quotes from consultants for consulting work to include determining specifications for a new telephone system for the City and writing a Request for Proposal to vendors for such a system. REGULAR COUNCIL MEETING SEPTEMBER 14, 1998 PAGE 3 g) Development Am:eement and Declaration of Covenants for Columbia Village/Crest View Corporation The Council approved the Development Agreement and Declaration of Covenants and First Amended Deed of Appurtenant Easement between Crest View Corporation, Columbia Village, and the City of Columbia Heights, Minnesota and authorized the Mayor and City Manager to enter into an agreement for the same. h) Removal and Replacement of Used Oil Tank The Council authorized the Mayor and City Manager to approve the contract with Keepsie Tank and Petroleum Equipment for the removal and replacement of tank for used oil with payments and reimbursements to be made from the Refuse Fund. i) Resolution No. 98-77 Being a Resolution Approving Final Plat for Crest View Communities, Case #9804-20, t515 44th Avenue, 4458 Reservoir Boulevard, 444'1 Reservoir Boulevard and 1675 44th Avenue The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-77 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL APPROVING THE FINAL PLAT FOR CREST VIEW COMMUNITIES WHEREAS, Crest View Corporation has submitted a request to the City of Columbia Heights, Minnesota for a final plat approval for the properties located at 4444 Reservoir Boulevard, 4458 Reservoir Boulevard, 1515 44th Avenue NE, and 1675 44th Avenue NE; and, WHEREAS, the preliminary plat was approved by the Columbia Heights City Council on June 8, 1998; and, WHEREAS, the Columbia Heights Planning and Zoning Commission held a public hearing for the final plat request on September 1, 1998; and, WHEREAS, the Columbia Heights Planning and Zoning Commission recommended City Council approval of the final plat, subject to final approval by staff; and, WHEREAS, the final plat is in compliance with all pertinent State and Local Codes and Ordinances. REGULAR COUNCIL MEETING SEPTEMBER 14, 1998 PAGE 4 NOW, THEREFORE, BE IT RESOLVED by the Columbia Heights City Council that the final plat for Crest View Communities is hereby approved. NOW, THEREFORE BE IT FURTHER RESOLVED by the Columbia Heights City Council that staff is hereby authorized to sign-off on the final plat and submit it to the County Surveyor for final review and recording. Passed this 14th day of September, 1998. Offered by: Ruettimann Seconded by: Szurek Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary j) Variance Request - Case #9809, 3843 Tyler Street Northeast The Council approved the variance of ten feet at 3843 Tyler Street because the topography of the property creates a hardship. k) 1998 HOME Agreement The Council approved the contract agreement for the 1998 HOME Investment Partnerships Program between Anoka County and the City of Columbia Heights and authorized the Mayor and City Manager to enter into an agreement for the same. 1) Six Month Review of Adopted Goals and Objectives The Council approved and placed on file the six month review of adopted goals and objectives from the March Workshop as noted in the memo dated September 3, 1998 from the City Manager. m) Replacement of Fuel Monitoring System Located at the Municipal Service Center The Council authorized staff to seek quotes for the replacement of the fuel monitoring system at the Municipal Service Center. n) Award of I and I Study The Council awarded the I/I Study update to OSM of Minneapolis, Minnesota in the amount of $13,000. REGULAR COUNCIL MEETING SEPTEMBER 14, 1998 PAGE 5 o) Authorization to Seek Quotes for Roof Improvements at Ostrander, Silver Lake Beach and Keyes Park Buildings The Council authorized staff to seek quotes for roof improvements at Ostrander, Silver Lake Beach and Keyes Park buildings. p) Authorization to Seek Bids for Retaining Wall Construction The Council authorized staffto seek bids for retaining wall construction at 3857 Van Buren Street (on 39th Avenue), 4001 Cleveland Street, 4000 Benjamin Place (on 40th Avenue), 1306 and 1312 44th Avenue. q) Approval of License Applications The Council approved the license applications as listed. r) Payrnent of Bills The Council approved the payment of the bills as listed out of proper funds. s) Reappointments to Human Services Commission The Council reappointed Toni LaMere and Barbara Karol to the Human Services Commission with their respective terms to expire in April of 2001. 5. PROCLAMATIONS. INTRODUCTIONS, PRESENTATIONS AND GUESTS A. Introductions The following newly-hired employees were introduced: Jon Wegner, Community Service Officer, KyleWilson, Community Service Officer and Matt Markham, Police Officer B. Presentations Russ Paulson completed his term on the Planning and Zoning Commission. He received an engraved clock in recognition of his service. C. Recognitions The Council recognized the successful participation of some Columbia Heights seniors in the Senior Olympics. REGULAR COUNCIL MEETING SEPTEMBER 14, 1998 PAGE 6 6. PUBLIC HEARINGS A. Public Hearing/Resolution No. 98-78 Regarding Revocation of a Rental Property_ License for 1013-1015 43 ½ Avenue Northeast, Owned by Amy Wazwaz The Assistant Fire Chief reviewed the Findings of Facts. He also referred to some of the conditions in the building which are viewed as major violations. Motion by Peterson, second by Smrdevant to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 98-78 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLLrMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY AMY WAZWAZ (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1013-1015 43 ½ AVENUE, COLUMBIA HEIGHTS, MINNESOTA. AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON AUGUST 13, 1998 OF A PUBLIC HEARING TO BE HELD ON SEPTEMBER 14, t998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT That on February 18, 1998 an annual inspection of 1013 43 1/2 Avenue NE was conducted by Matthew Field and John Larkin, Housing Inspectors for the City of Columbia Heights; and also, that on February 19, 1998, an annual inspection was conducted by Gary Gorman and Richard Hinrichs, Housing Inspectors for the City of Columbia Heights, of the property at 1015 43 1/2 Avenue NE. A total of 25 violations were found by the inspectors and compliance orders were mailed to the property owner at her address of 783 Mimosa Lane, New Brighton, on February 20, 1998. REGULAR COUNCIL MEETING SEPTEMBER 14, 1998 PAGE 7 o ° o ° That on April 8, 1998 an initial follow-up inspection was attempted by Gary Gorman and Richard Hinfichs, Housing Inspectors for the City of Columbia Heights of the property at 1013-1015 43 ½ Avenue NE. The tenants were unaware of the inspection on that date and no inspection was conducted. Compliance orders were mailed to the property owner on April 16, 1998. A $40.00 re- inspection fee was charged. That on May 20, 1998 a second follow-up inspection was attempted by Gary Gorman and Richards Hinrichs, Housing Inspectors for the City of Columbia Heights of the property at 1013-1015 43 ½ Avenue NE. The tenants were again unaware of the inspection on that date and no inspection was conducted. Compliance orders were mailed to the property owner on July 28, 1998. A $40.00 re-inspection fee was charged. That on August 10, 1998 a third follow-up inspection was conducted by Gary Gorman and Richard Hinrichs, Housing Inspectors for the City of Columbia Heights of the property at 1013-1015 431/2 Avenue NE. Inspectors noted that 3 exterior violations remained. Compliance orders were mailed to the property owner on August 13, 1998. A $40.00 re-inspection fee was charged. That on September 8, 1998 a final, pre-revocation inspection was attempted by Gary Gorman and Richard Hinrichs, Housing Inspectors for the City of Columbia Heights, of the property at 1013-1015 43 1/2 Avenue NE. No one answered the door at 1015 43 1/2 Avenue and the occupant at 1013 43 ½ Avenue NE was unaware of why the Fire Department was there. No inspection was conducted. A $40.00 fee is being charged for this inspection. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to- wit: A. FAILURE TO CORRECT HOUSING MAINTENANCE CODE VIOLATIONS B. FAILURE TO SUBMIT REINSPECTION FEES AND NO-SHOW FEES TOTALLING $ t 60.00 That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). REGULAR COUNCIL MEETING SEPTEMBER 14, 1998 PAGE 8 o CONCLUSIONS OF COUNCIL That the building at 1013-1015 43 ½ Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto, That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such fights have been exercised and completed. ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F3135 is hereby revoked/suspended; The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; o All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this 14th day of September, 1998. Motion by: Peterson Seconded by: Smrdevant Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions REGULAR COUNCIL MEETING SEPTEMBER 14, 1998 PAGE 9 1) Resolution No. 98-79 Being a Resolution Adopting Proposed Budget Motion by Sturdevant, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 98-79 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA ADOPTING A PROPOSED BUDGET, SETTING THE CITY, IKRA AND EDA PROPOSED LOCAL LEVY, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 1999 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The proposed budget for the City of Columbia Heights for the year 1999 is hereby approved and adopted with appropriations for each of the funds as listed below General Fund Community Development Admin CDBG/HOME Parkview Villa North Parkview Villa South EDA Section 8 Housing Temp Housing/Vacant Land' State Aid Cable Television Fund Library DARE Project Police Grant Fast Cops Capital Improvement Fund MultiUse Redevelopment Infi:astructure Expense 8,039,098 243,902 259,918 318,019 168,887 532,456 1,085,944 40,633 91,239 182,810 189,073 519,755 7,950 0 0 6 11,200 0 94,500 REGULAR COUNCIL MEETING SEPTEMBER 14, 1998 PAGE 10 Capital Equipment Replacement Funds Central Garage Funds Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Water & Sewer Construction Energy Management Data Processing Police/Fire Contingencies Reserve Debt Service Fund 609,447 418,194 6,214,249 1,434,399 1,211,863 1,478,013 237,000 316,818 175,931 85,000 2,238,034 Total Expense including Interfund Transfers 26,804,332 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 1999: Revenue General Fund Community Development Admin CDBG/HOME Parkview Villa North Parkview Villa South EDA Section 8 Housing Temp Housing/Vacant Land State Aid Cable Television Fund Library DARE Project Police Grant Fast Cops Capital Improvement Fund MultiUse Redevelopment Infi'astructure Capital Equipment Replacement funds 8,039,098 243,902 259,918 318,0t9 168,887 532,456 1,085,944 40,633 91,239 182,810 189,073 519,755 7,950 0 0 611,000 0 94,500 609,477 REGULAR COUNCIL MEETING SEPTEMBER 14, 1998 PAGE 11 Central Garage Fund Liquor Water Utility Fund Sewer Utility Fund Refuse Fund Water & Sewer Construction Energy Management Data Processing Police/Fire Contingencies Reserve Debt Service Fund 418,194 6,214,249 1,434,399 1,211,863 1,478,013 237,000 316,818 175,931 85,000 2,238,034 Total Revenue including Interfund Transfers 26,804,332 Section C. The following sums of money are levied for the current year, collectable in 1999, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated Area-Wide Estimated General Fund Levy Estimated Library Fund Levy Estimated EDA Fund Levy 729,149 1,930,910 467,518 111,048 Total Proposed Levy 3,238,625 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for fiscal year 1999 in the amount of $80,239. BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the budget hearing will be held on December 7th at 7:00 P.M. in the City Council Chambers. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 14th day of September, 1998. Offered by: Sturdevant Seconded by: Jolly Roll call: All ayes REGULAR COUNCIL MEET]2,,TG SEPTEMBER 14, 1998 PAGE 12 B. Bid Considerations None C. Other Business 1) Conditional Use Permit, Case #9808-41, 3827 Central Avenue Northeast The City Planner reviewed the conditional use permit. He read the eleven conditions which were recommended by the Planning and Zoning Commission. It is recommended that these conditions be met for approval of the request. Motion by Jolly, second by Szurek to approve the conditional use permit to allow off- street parking in the R-3 District at 3827 Central Avenue Northeast subject to the listed conditions. Roll call: All ayes 2) Mission Statement Selection - CiW of Columbia Heights Motion by Ruettimann, second by Jolly to consider the attached mission statements and adopt one statement which represents the wishes of the Council for Columbia Heights. Roll call: All ayes The mission statement selected by the City Council reads as follows: "Our mission is to provide high quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally responsible and customer-fi'iendly manner." 3) Request to Hold Fundraising Concert at Huset Park Bandshell Barry Cole, 4624 Washington Street Northeast, had previously requested permission to use the Huset Park bandshell for a fundraising concert. He had been given direction regarding the sale of beer and other matters which would need to be addressed before the Council could take action. Mr. Cole stated he had applied for insurance for the event and that the paperwork has not yet been received. He approached the Columbia Heights Lions Club regarding the selling of beer. He is awaiting their answer. He requested the City Council approve his request for the City to pay the security fees. He has applied for a permit from Anoka County to sell food. These stipulations and some others were included in a list of requirements drafted by the City Attorney, the Police Chief and the Recreation Director. REGULAR COUNCIL MEETING SEPTEMBER 14, 1998 PAGE 13 Mr. Cole also spoke to the need for the damage deposit, park clean-up and the portable restrooms. He explained the accountability system which will used for the donations collected for the tornado victims in the City of St. Peter. Motion by Szurek, second by Peterson to authorize the use of the Huset Park Bandshell for a public concert sponsored by Barry Cole, 4624 Washington Street NE, Columbia Heights, Minnesota on Sunday, September 27, 1998 within the guidelines listed in the Council Letter and contingent on the Lions Club approving Mr. Cole's request for the beer wagon and the City Manager receiving proof of insurance; the Council approval of payment of up to $700 for security fi:om a Contingency Fund. Roll call: All ayes Mr. Cole again mentioned the opportunity at this fundraiser for political candidates to mingle with attendees. Councilmember Ruettimann felt this was not the forum for this kind of activity. The Mayor reminded Mr. Cote that all candidates must be contacted. 8. ADMINISTRATIVE REPORTS A. Report of the CiW Manager The City Manager had nothing to report at this time. He reminded everyone of the Primary Election on September 15, 1998. B. Report of the CiW Attorney The City Attorney had nothing to report at this time. 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions Included in the agenda packet were the minutes of the August 26, 1998 Park and Recreation Commission Meeting and the minutes of the August 31, 1998 Traffic Commission Meeting. No Council action was required. 10. CITIZENS FORUM TO ADDRESS TIlE COUNCIL ON MATTERS NOT ON AGENDA The resident at 5230 Fourth Street NE stated four concerns she has with the City's liquor store on University Avenue and 52nd Avenue. Staffwill pursue these issues. REGULAR COUNCIL MEETING SEPTEMBER 14, 1998 PAGE 14 Matt Linngren, the facilitator of the Youth Commission, advised the Council that all positions on the Commission wilt need to be filled this fall. He has distributed applications throughout the City. He has also prepared information regarding amendments to the Commission's by-laws. This item will be on the agenda of the September 21, 1998 Council work session. 11. ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the Council Meeting at 8:25 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL PRIMARY ELECTION CANVASS SEPTEMBER 16, 1998 1. CALL TO ORDER/ROLL CALL The Mayor called the Election Canvass to order at 5:00 p.m. Present were Mayor Sturdevant and Councilmembers Jolly, Ruettimarm and Peterson. 2. CANVASS ELECTION/ADOPTION Oi~fv,[- '~OLUTION NO. 98-80 The City Clerk advised that voter turnout was up from the former primary. Motion by Ruettimann, second by Sturdevant to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 98-80 CANVASSING MUNICIPAL PRIMARY ELECTION RETURNS WHEREAS, the City of Columbia Heights, did on the 15th day of September, 1998, conduct and hold Primary Municipal Election for the purpose of nominating candidates for office of Mayor and Council Seat to be voted on at a General Municipal Election on November 3, 1998; and WHEREAS, the City Council of the City of Columbia Heights at a meeting of said Council held on the 16th day of September 1998, did canvass the returns and results of said Primary Municipal Election; and WHEREAS, the following results were detem~ined by said canvass of said Primary Municipal Election, to wit: TOTAL BALLOTS CAST IN ELECTION: 3,490 Valid Votes Cast for Mayor Valid Votes Casts for 4-Year Council Seat Rick R. Johnson 463 Gary L. Peterson 1,026 Joseph S. Sturdevant 1,708 Overvotes 0 Times Blank Voted 293 Mark A. Fox 234 James P. Johnson 426 Robert W. Ruettimann 792 Julienne Wyckoff 1,672 Overvotes 2 Times Blank Voted 364 ELECTION CANVASS SEPTEMBER 16, 1998 PAGE 2 o NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that Joseph S. Sturdevant and Gary L. Peterson are hereby declared to be the candidates for Mayor, and that Julienne Wyckoff and Robert W. Ruettimann are hereby declared to be the candidates for the four-year Council seat at the General Municipal Election to be held on November 3, 1998. Passed this 16th day of September, 1998. Offered by: Ruettimann Seconded by: Peterson Roll call: All ayes Mayor Joseph Smrdevant Jo-Anne Student, Council Secretary ADJOURNMENT Motion by Ruettimann, second by Smrdevant to adjourn the election canvass at 5:10 p.m. Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL SPECIAL COUNCIL MEETING SEPTEMBER 16, 1998 The Special Council Meeting was called to order at 5:10 p.m. by the Mayor. 1. ROLL CALL Present were Mayor Sturdevant and Councilmembers Jolly, Ruettimarm and Peterson. 2. PRESENTATION OF OPTIONS FOR WORDING ON BALLOT QUESTION At the July 8, 1998 Council Work Session, there was a discussion regarding placing a question on the General Election ballot to change the mayoral term from a two year term to a four year term. The following is the wording of the question as proposed by the City Attorney: Shall the Cohtmbia Heights City Charter be amended to change the mayoral term from a two year term to a four year term, with the change being effective January 1, 2000 ? The request for consideration of this question came from the Columbia Heights Charter Commission. 3. SELECTION OF WORDING ON BALLOT QUESTION Motion by Ruettimarm, second by Jolly to have the following question placed on the November 3, 1998 General Election ballot: "Shall the Columbia Heights City Charter be amended to change the mayoral term from a two year term to a four year term, with the change being effective January 1, 2000 ?" Roll call: All ayes 4. ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the Special Council Meeting at 5:15 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Me~eting of: Sept 28, 1998 AGENDA SECTION: CONSENT AGENDA ORIGINATING CITY  DEPARTMENT: MANAGER'S NO: SPECIAL PROJECTS APPROVAL ITEM: NO: AUTHORIZE PURCHASE OF LCD BY: JEAN KUEHN BY: PROJECTOR AND SCREEN &t/ --~} DATE: August 28 1998 DATE: In preparing the 1999 budget, Cable staff had included the purchase of an LCD projector and the necessary projection screen. Staff has been directed to pursue this purchase for 1998, as it would be helpful in the budget and Truth in Taxation presentations to the public. Monies were not included in the 1998 budget for this item, however, funds could be appropriated from the Refuse and Cable fund balances for the purchase. While this projector will not specifically enhance cable viewing, it would facilitate presentations in the council chambers, as well as other city offices, and would enhance communications with residents and increase the audience understanding of materials presented. MIS and Special Projects Coordinators have collaborated in gathering information for the purchase of an LCD projector. The Panasonic 595 was demonstrated to staff on August 19, and would adequately meet the current needs and would allow additional applications.. Cost would be $4,845.00 plus tax of $314.93 for a total of $5,159.93 The LCD projector will not be permanently mounted in the Councit Chambers to allow for its use in the Conference room, Murzyn Hall and possibly off-site for community presentations. RECOMMENDED MOTION: Move to authorize staff to purchase a Panasonic LCD projector from Alpha Video for $ 5, 159.93 with funds to be appropriated from the Refuse and Cable fund balances. COUNCIL ACTION: TO: FROM: DATE: RE: Global Computer Tierney Bros Inc Alpha Video CITY OF COLUMBIA I- IGHTS JEAN KUEHN ED O'DONNELL, MIS COORDINATOR JULY 16, 1998 LCD Projector Quotes Proxima 5900 $5,999 $5,249 (State Contract) Panasonic 595 *$4,700 SPECIFICATIONS Resolution Brightness Lamp Lamp life Input Contrast Ratio Screen size (diagonally) Projection Distance Remote Control Power Consumption Warranty '832x624 700 Ansi Lumens 120 Watt UH~ metal halide 2000 hours 2 computer *2 RS-232 *2 video S-video *4 Audio 100:1 *20.5 in to 639.5 in *3.3 Ft to 92 Ft *Zoom, Focus, Mouse and Laser pointer '210 Watts 2 Year * Represents a better feature 800x600 700 Ansi Lumens 280 Watt metal halide 2000 hours 2 computer S-video Composite RS-232 3 Audio '200:1 30 in to 300 in 3.3 Ft to 53.2 Ft Power, Input select, Volume, and Mouse 390 Watts *3 Year Both of these models are comparable. The Proxima is the one we borrowed from the school. It comes highly recommended and is very rugged. I would recommend the Proxima, however if we are interested in looking further into the Panasonic, Alpha Video is willing to bring one out for a demo. I would prefer not to have it permanently mounted, but maybe on a cart or a mount that the projector can easily be removed from. · · CITY COUNCIL LETTER Meeting of: September 28, 1998 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: ~ License DeparZmen= APPROVAL ITEM: 1999 Business License Fees BY: Ka~hryn Pepin BY- / /~ · NO: ~-~ DATE: September 16, 1998 Attached is the proposed business license fees for the 1999 license year and a resolution for the same. This license fee list incorporates changes for 1999 based upon review and amendments to the licensing requirements under Ordinance 1377. The increases are indicated in bold print as are those sections where a title change has occurred. These fees are based also upon review and discussion by the License Review Committee. They considered the fees charged by other cities, the increased costs of staff time involved in review, processing, records checks, etc. The following increases are being recommended: 1998 1999 Auto Recycling Dealer/Yard formally Junk Yard Cigarette/Tobacco Sales Contractors Commercial Kennels Investigation Fee for Massage Therapist Business Investigation Fee for Massage Therapist Individual Multiple Dwellings, First 3-4 Units, Base fee Multiple Dwellings, Each Additional Unit over 4 units Multiple Dwelling Reinspection Fee for Code Compliance Pawnbroker Rental Housing Relnspection Fee Secondhand Merchant Sexually Oriented/Adult Businesses Taxicab Driver $100 50 4O 0 100 100 40 3 50 11,700 40 50 500 2O $25O 100 50 50 Plus $10 percage 250 250 50 5 70 12,000 5O 100 10,000 25 RECOMMENDED MOTION: Move to waive the reading of Resolution I~o. 98- , as there are ample copies available to the public. RECOMMENDED MOTION: Move to approve the Resolution #98- approving the 1999 License Fee Schedule as presented. COUNCIL ACTION: 1999 LICENSE FEES Effective January 1, 1999 through December 31, 1999. CATEGORY 1999 FEES 1998 FEES Amusement Centers/Arcades* (85,000 Bond18100 Inv. Fee)(PD) Auto Recycling Dealer/Yard (Junk Yards) (81000 Bond) PD,FD, Z Beer Sales (PD, BI, FI) On Sale* (8150 Inv. Fee 1st time appl.) Off Sale* (8150 Inv. Fee Ist time appl.) "Club" Beer (8150 Inv. Fee 1st time appl.) Single Event Club Beer (per day basis) (8500 Appl. Fee & 8500 Clean-up deposit) Carnivals (8500 deposit & insurance) (PD) Christmas Tree Sales (FI) (P&Z Corem) (8200 Clean-up Deposit) Cigarettes/Tobacco Sales (S&H) Contractors (Bond and Insurance) General (if not licensed by State) Blacktop Excavator Masonry/Concrete Moving Demolition Plaster/Stucco Heating/Cooling Gas Piping Plumbing Sign Installation Courtesy Benches (Insurance)(Eng. Dept.) Games Of Skill (PD) Kennels, Commercial (PD) Plus, per cage 8500 8250 8350 8100 8100 8100 850/day 850 8100 850 850 850 850 850 850 850 850 850 850 850 850 825/each 850 850 810 8500 8100 8350 8100 8100 8100 850/day 850 850 84O 840 840 84O 840 840 840 840 840 840 840 84O 825/each 850 CATEGORY 1999 FEES Liquor Sales (PD, FI, BI) "Club Liquor" (Bond.& Insurance) On Sale Liquor (Bond & Insurance) (Inv. Fee $500-810,000) On Sale Limited Liquor (Same as On Sale) On Sale Wine (Inv. Fee 8250-82000) Sunday Liquor Sales Sunday Wine Sales Sunday Club Sales 8300 86,300 85,400 82,000 8200 8200 8200 Massage Therapist Business (PD,ZA) 8500 ($250 Investigation Fee) Massage Therapy, Individual (PD, ZA) 8100 (8250 Investigation Fee) Motor Vehicle Fuel Dispensing Stations (FI) First Metering Device Each Add'l. Metering Device L.P. Gas Per Metering Device (Gasoline Stations) 850 810 850 Motor Vehicle Rental (ZA) (Truck/Trailer Rental) A. New Application B. Renewal Application 875 850 Motor Vehicle Sales (New & Used) (PD) 8200 Multiple Dwellings (FI,BI) First 3-4 Units Each Additional Unit Over 4 Re-Inspection Fee for Code Compliance 8 50 8 5 870 Pawnbroker (85,000 Bond/8100 lnv. Fee) (PD) 812,000 1998 FEES 8300 86,300 85,400 82,000 8200 8200 8200 8500 (8100Investigation Fee) (8100 Investigation Fee) 850 850 875 850 8200 840 8 3 850 811,700 Pet Shop* (PO) 850 850 Pool/Billiard Hall (8100 Inv. Fee)(PD) 8100 Popcorn, Candy, Food Catering Vehicles (PD) (Popcorn, Candy, Ice Cream Wagon) (Insurance- Public & Vehicle Liability) 8 50 Precious Metal Dealers (85,000 Bond)(PD) (81 O0 Investigation Fee) ~ew Applicant Renewal 8300 8200 8100 850 8300 8200 CATEGORY Rental Housing Licenses Single Family & Duplex (Per Unit Basis) Re-Inspection Fee FEES 815 $5O Secondhand Merchant Business ($5000 Bond) $100 (Investigation Fee 8100) (PD, FI, BI) ExhibitiontConventionlShowslExpositions (85,000 Bond) First Day 850 Each Additional Day 810 Sexually Oriented/Adult Business (PD,FI,ZA,AC) (Investigation Fee 8500-810,000) 810,000 Taxicab Driver (PD) t~25 Taxicab Vehicle (PD) 875 Transient Merchant/Peddlers (PD) A. Itinerant Hawker/Peddler B. Transient Merchant Tree Removal & Treatment (ins.) (PWD) 850/day; 8 lO01mo.; 8500/yr. 850/day; 81001mo.; 8500/yr. 850 Page 3 1999 FEES 815 840 850 with 81000 Bond 850 8500 820 875 850;8100;8500 850/81001~500 850 LATE PENALTY ON ALL ANNUALLY RENEWABLE FEES 1-15 DAYS LATE 16-30 DAYS LATE OVER 30 DAYS LATE 25% PENALTY OVER ORIGINAL FEE 50% PENALTY OVER ORIGINAL FEE LEGAL PROCEDURES BEGUN. PO BI $&H ZA DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE Police Department Building Inspector Safety and Health Inspector Zoning Authority FI PWD CF AC Fire Department Public Works Dpt City Forestor Anoka County All New Licenses Must Have Zoninq Authority Approval. RESOLUTION NO. 98.82 ADOPTING 1999 BUSINESS LICENSE FEES WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS: The City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business licenses which are comparable; and WHEREAS: The City annually reviews its business license fee schedule; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1, 1999. Passed this 28th day of Offered by: Seconded by: Roll Call: September1998. Sturdevant Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary PLEASE BRING YOUR COPY OF THE ORDINANCE FROM THE PREVIOUS WORK SESSION CITY COUNCIL LETTER Meeting of: September 28, 1998 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: ~ License Department APPROVAL ITEM: Ordinance ~1377 BY: Kathryn Pepin BY: Proposed changes to Licensing Section of City Code DATE: September 23, 1998 NO: ~'d In November of 1995, former City Manager Pat Hentges requested Staff to review over 200 pages of our business commercial licensing sections of City Code. On October 28, 199~ the City Council repealed a number of sections which the License Review Committee deemed outdated and unnecessary due to legislative changes or that particular use being licensed and regulated by another entity such as the state or county. The License Committee divided the remaining License Section into two areas for review: the sections pertaining to the licensing of beer, wine and liquor, and the sections pertaining to all other uses. At this time the Committee has completed review of all sections except the beer, wine and liquor sections. The License Review Committee has collected and reviewed ordinances and requirements from other cities as well as information on various tepics from the League of Minnesota Cities in comparison to those on record for Columbia Heights. The proposed amendments and changes addressed in Ordinance #1377 reflect the collective discussions of the License Review Committee over the last three years. It is felt that this finished product will best serve the needs of the City in implementation and enforcement of licensing rules and regulations. RECOMMENDED MOTION: Move to waive the reading of Ordinance #1377, amending Ordinance 853, City Code of 1977, pertaining to the amendment of certain sections of the licensing requirements of the City as ample copies are available to the public. RECOMMENDED MOTION: Move to conduct the second reading of Ordinance #1377, amending Ordinance 853,City Code of 1977, pertaining to the amendment of certain sections of the licensing requirements of the City at the City Council meeting of October 12, 1998. COUNCIL ACTION: ORDINANCE NO. 1377 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE AMENDMENT OF CERTAIN SECTIONS OF THE LICENSING REQUIREMENTS OF THE CITY. The City of Columbia Heights does ordain: Chapter 5 Article 1 SECTION 1: Section 5.101 of Ordinance No. 853, City Code of 1§77, pertaining to the General Provisions of Licensinq Requirements which currently reads as follows, to wit: 5.101 (1) For purposes of this Chapter, "license" shall mean the written authority granted by the City to maintain, operate or conduct a business or commercial establishment, or engage in any trade, profession or occupation or conduct any activity or maintain any premises which are subject to regulation under the police power for which payment of a fee to the City may be required; and "person" shall mean person, partnership, corporation or other association. 5.101 (2) Applications for all licenses required by this Chapter shall be submitted in writing to the Clerk and contain the following information, unless specifically provided otherwise herein: (a) The name and address of the applicant. If the applicant is a partnership or corporation, the names of alt partners, officers and all persons with a financial interest in the business. Where there are more than ten (10) stockholders in a company, the applicant shall only be required to name the three shareholders with the greatest financial interest in said company. (b) The specific license desired or applied for citing the applicable section of this chapter. (c) The proposed location of the licensed activity and the name and address of the landowner at the proposed location if the owner is not the license applicant. ' (d) An address where legal service of process can be made upon the named licensee during normal business hours. (e) Such further information as is requested and needed for the proper guidance of City officials. Page 2 Shall hereafter be amended to read as follows: 5.101(1) 5.101(2) (a) (b) (d) (e) For purposes of this Chapter, "license" shall mean the written authority granted by the City to maintain, operate or conduct a business or commercial establishment, or engage in any trade, profession or occupation or conduct any activity or maintain any premises which are subject to regulation under the police power for which payment of a fee to the City may be required; and "person" shall mean person, partnership, corporation or other association. Applications for all licenses required by this Chapter shall be submitted in writing to the Clerk and contain the following information, unless specifically provided otherwise herein; The full legal name, date of birth and address of the applicant. If the applicant is a partnership or corporation, the full legal names and date of birth of all partners, officers and all persons with a financial interest in the business. Where there are more than ten (10) stockholders in a company, the applicant shall only be required to name the three shareholders with the greatest financial interest in said company. The specific license desired or applied for, citing the applicable section of this chapter. The proposed location of the licensed activity and the full name and address of the landowner of the proposed location if the owner is not the license applicant. An address where legal service of process can be made upon the named licensee during normal business hours and/or as stated in Articles of Incorporation as filed with the Secretary of State. Such further information as is requested and needed for the proper guidance of City Officials. SECTION 2: 5.102(1) Section 5.102 of Ordinance No. 853, City Code of 1977, pertaining to the Application Processing of Licensing Requirements which currently reads as follows, to wit: The Clerk shall refer all license applications to the Zoning Administrator for a determination of whether the proposed licensed activity would result in a violation of any provision of the Zoning Code. The Administrator shall provide the applicant with a statement citing any specific violation of the Zoning Code that would result from the issuance of a license at the proposed location. Page 3 5.102 (2) 5.102 (3) 5.1 O2 (4) 5.102(5) 5.102 (6) The applicant shall have the opportunity to amend the proposed location of the license activity so as to comply with the Zoning Code, or to resort to all remedies available to cure the prospective violation and obtain authorization for said licensed activity through provisions of the Zoning Code. The Clerk shall refer license applications for which an inspection is required to the member of the administrative service charged with the duty of making such inspection. Said official shall make a report thereon within ten days of receipt of the application and indicate whether there were any observed violations of ordinances at the proposed location of the licensed activity or whether there is reason to believe that an ordinance violation would result from the license being approved. The official shall specify facts supporting such a belief. (a) If no inspection is conducted within ten days, the City official charged with making such inspection shall report the reason why no inspection was conducted. The inspection report and the license application shall then be returned to the Clerk. (b) The administrative official charged with the duty of conducting an inspection that is required under this chapter is granted the authority to conduct such inspections at any reasonable hour and in a lawful manner. (c) For license renewal applications, a report of any inspection conducted within the twelve months preceding the date for renewal may be utilized and no new inspection is required. The Clerk shall forward all license applications to the Council for consideration of said application. The Council shall review all applications submitted to it and shall have reasonable discretion to approve or deny any application, as allowed by law, subject to the requirements of this chapter as hereinafter provided. The Council may, by annual resolution, delegate the authority to approve licenses for all qualified applicants under any section or subdivision of this chapter to the administrative service; provided that all qualifications, conditions, and requirements '.., for the issuance of a license shall be enforced. " Any person who has been refused or denied a license under this chapter shall have the right to a public hearing before the Council, to be held within 14 days after such hearing is requested and after five days' notice to the license applicant. If the license application is refused or denied after a public hearing, the Council shall thereafter provide, in writing, findings of fact regarding the qualifications of the applicant, the results of any inspection, and specific reasons for denial of the license application. SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 5.102(1) The Clerk shall refer all license applications to the Zoning Administrator for a determination of whether the proposed licensed activity would result in a violation of any provision of the Zoning Code. The Administrator shall provide the applicant with a statement citing any specific violation of the Zoning Code that would result from the issuance of a license at the proposed location. 5.102(2) The applicant shall have the opportunity to amend the proposed location of the license activity so as to comply with the Zoning Code, or to resort to all remedies available to cure the prospective violation and obtain authorization for said licensed activity through provision of the Zoning Code. 5.102(3) The Clerk shall refer license applications for which an inspection or application review is required to the member of the administrative service charged with the duty of making such inspection or application review. Said official shall make a report thereon within ten days of receipt of the application end indicate whether there were any observed violations of ordinances at the proposed location of the licensed activity or whether there is reason to believe that an ordinance violation would result from the license being approved. The official shall specify facts supporting such a be!ief. If no inspection or application review is conducted within ten days, the City Official charged with making such inspection or review shall report the reason why no inspection or review was conducted. The inspection report and the license application shall then be returned to the Clerk. (b) The administrative official charged with the duty of conducting any inspection that is required under this Chapter is granted the authority to Conduct such inspections at any reasonable hour and in a lawful manner. (c) 5.102(4) For license renewal applications, a report of any inspection conducted within the twelve months preceding the date for renewal may be utilized and no new inspection is required. The Clerk shall forward all license applications to the City Council for consideration of said application. The Council shall review all applications submitted to it and shall have reasonable discretion to approve or deny any application, as allowed by law, subject to the requirements of this chapter as hereinafter provided. The Council may, by annual resolution, delegate the authority to approve licenses for all qualified applicants under any section or subdivision of this chapter to the administrative service; provided that all qualifications, conditions and requirements for the issuance of a license shall be enforced. Page 5 5.102(5) 5.102(6) Any person who has been refused or denied a license under this chapter, shall have the right to a public hearing before the City Council, to be held within fourteen (14) days after such hearing is requested and after five days notice to the license applicant. If the license application is refused or denied after a public hearing, the City Council shall thereafter provide in writing findings of fact regarding the qualifications of the applicant, the results of any inspection and specific reasons for denial of the license application. SECTION 3: 5.103(1) 5.103 (2) Section 5.103 of Ordinance No. 853, City Code of 1977, pertaining to the License Condtions end Requirements which currently reads as follows, to wit: Licenses or license renewals under this chapter will be subject to the below-named conditions: (a) The term of every license shall be no longer than one year, to commence on January 1st or the date of issuance, and expire on December 31st, except where otherwise provided hereinafter. Licenses shall be renewed each year in the same manner and subject to the same conditions as the initial license application. (b) The location of any licensed business, trade or profession may only be changed upon authorization of the Council, unless otherwise provided by this chapter. Application for transfer of location shall be made to the Clerk and processed in the same manner as an initial license application. (c) Licenses are not transferable from the named licensee to any other person without the authorization of the Council. The Council may treat a license transfer as a new license application and impose application requirements provided by this Chapter. (d) Every license issued pursuant to this Chapter shall be conspicuously posted at the location or premises of the licensed activity, or carried by a licensee engaged in a mobile business, trade, or occupation and displayed on demand. The licensee or license applicant shall consent to a lawful inspection of the licensed premise or premises that are proposed for a licensed activity or business, where such an inspection is authorized by this chapter. (a) This provision shall not abrogate nor modify any superior right under law of an Page 6 5.103 (3) 5.103 (4) 5.103 (5) 5.103 5.103 (7) owner or person in possession of the premises to withhold consent to such an inspection where such owner or person is not the licensee or license applicant. (b) The Council may waive the requirement for an inspection where withholding of consent to such inspection is beyond the control of the license applicant. No license shall be issued or renewed for any business, trade, occupation, or business activity where such licensed activity would result in a violation of the Zoning Ordinance at the proposed location. The Council may deny license approval where an unfavorable inspection report has been made by the inspecting official. No license shall be issued or renewed to any applicant who has refused to grant consent to an administrative inspection authorized by this Chapter, unless such inspection has been waived pursuant to 5.103 (b). Annual license fees shall be established by resolution of the Council and may be amended from time to time. Fees shall be paid in full to the Clerk/Treasurer prior to the issuance of the license unless specifically provided otherwise herein. (a) Fees shall not be prorated unless specifically authorized herein, or by Council resolution, and are not refundable for any reason, including license revocation, suspension, or termination of the licensed activity. (b) On application to the Council, fee requirements may be waived only for good cause under such circumstances whereby the regulatory purposes of this chapter will not be defeated, and the license applicant is a non-profit, charitable, or community service organization. In considering distances to churches or public school buildings, such distances shall be measured in a straight line from the nearest point of the building in which the licensed business is located or is proposed to be located to the nearest point of the church or public school building. A public school building shall include any public or private elementary or secondary school regularly attended on a full time basis by students under the age of nineteen (19) years. SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 5.103(1) Licenses or license renewals under this chapter will be subject to the below named conditions: Page 7 (a) (b) (c) (d) 5.103(2) (a) (b) 5.103(3) 5.103(4) The term of every license shall be no longer than one year, to commence on January 1st, or the date of issuance, and expire on December 31st, except where otherwise provided hereinafter. Licenses shall be renewed each year in the same manner and subject to the same conditions as the initial license application. The location of any licensed business, trade or profession may only be changed upon authorization of the City Council, unless otherwise provided by this chapter. Application for transfer of location shall be made to the Clerk and processed in the same manner as an initial license application. Licenses are not transferable from the named licensee to any other person A license transfer shall be treeted as a new license application end application requirements shall be imposed as provided by this chapter. Every license issued pursuant to this chapter shale be conspicuously posted at the location or premises of the licensed activity, or carried by e licensee engaged in a mobile business, trade or occupation and displayed on demand. The licensee or license applicant shall consent to a lawful inspection of the licensed premise or premises that are proposed for a licensed activity or business, where such an inspection is authorized by this chapter. This provision shall not abrogate or modify any superior right under law of an owner or person in possession of the premises to withhold consent to such an inspection where such owner or person is not the licensee or license applicant. The Council may waive the requirement for an inspection where withholding of consent to such inspection is beyond the control of the license applicant. No license shall be issued or renewed for any business, trade, occupation or business activity where such licensed activity would result in a violation of the Zoning Ordinance at the proposed location. The Council may deny license approval where an unfavorable inspection report has been made by the inspecting official. No license shall be issued or renewed to any applicant who has refused to grant consent to an administrative inspection authorized by this chapter, unless such inspection has been waived pursuant to 5.103(2)(b). 5.103(5) A,-,,-,ua', License fees shall be established by resolution of the City Council and may Page 8 (a) (b) 5.103(6) 5.103(7) be amended from time to time. Fees shall be paid in full to the License Clerk p¢;~ tv .L_,,,~ ~ssu~;,c~ ~f th~,,~.,,,o: ....... upon license application unless specifically provided otherwise herein. Fees shall not be prorated unless specifically authorized herein, or by Council resolution, and are not refundable for any reason, including license revocation, suspension, denial or termination of the licensed activity. On application to the City Council, fee requirements may be waived only for good cause under such circumstances whereby the regulatory purposes of this chapter will not be defeated, and the license applicant is a non-profit, charitable ~r ~3mm=~'7-~ organization a= defined by Section 501(c)(3) of the Internal Revenue Code, as amended. In considering distances to churches or public school buildings, such distances shall be measured in a straight line from the nearest point of the building in which the licensed business is located, or is proposed to be located, to the nearest point of the church or public school building. A public school building shall include any public or private elementary or secondary school regularly attended on a full time basis by students under the age of nineteen (19) years. SECTION 4: 5.104(1) Section 5.104 of Ordinance No. 853, City Code of 1977, pertaining to the Revocation and Suspension Requirements which currently reads as follows, to wit: The Council may for cause revoke or suspend a license, or take other action restricting the privileges of a licensee subject to the following requirements: (a) The Council shall provide the licensee with a written statement of reasons or causes for the proposed Council action together with a notice for public hearing. ..,, (b) The Council shall conduct a public hearing on the proposed action and provide ,. findings of fact and citations to any ordinances or regulations that have been ~ violated together with e statement of action taken and the conditions of any resulting revocation, suspension, or other action restricting the privileges of the licensee. (c) The Clerk shall certify and forward the findings and statement of action taken to the person in whose name said license was issued by mailing the same to the mailing address indicated on the license application. Pa~e g 5.104(2) 5.104(3) 5.104(4) A violation of any provision of this chapter or of a state law, prescribing standards of conduct or regulations governing a licensee; the particular type of business or commercial activity or trade or occupation that is licensed; or the premises where the licensed activity is conducted; shall be a prima facie showing of cause for revocation, suspension, or such other action restricting the privileges of a licensee as the Council may determine. Nondisclosure, misrepresentation or misstatement of a material fact in any application for a license under this chapter shall be a prima facie showing of cause for revocation, suspension or such other action restricting the privileges of a licensee as the Council may determine. The refusal of any licensee or his agent or representative to grant consent to a lawful authorized administrative inspection of the licensed premises may be grounds for revocation, suspension, or such other action restricting the privileges of a licensee as the Council may determine, subject to the provisions of 5.103(2)(b). SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 5.104(1) The City Council may, for cause, revoke or suspend or deny a license or take other action restricting the privileges of a licensee subject to the following requirements: (al The Council shall provide the licensee with a written statement of reasons or causes for the proposed Council action together with a notice for public hearing. (b) The Council shall conduct a public hearing on the proposed action and provide findings of fact and citations to any ordinances or regulations that have been violated together with a statement of action taken and the conditions of any resulting revocation, suspension, denial or other action restricting the privileges of the licensee. (c) The Clerk shall certify and forward the findings and statement of action taken to the person in whose name said license was issued by mailing the same to the mailing address indicated on the license application. 5.104(2) A violation of any provision of this chapter or of a state law, prescribing standards of conduct or regulations governing a licensee; the particular type ~f business or commercial activity or trade or occupation that is licensed; or the premises where the licensed activity is conducted; shall be a prima facie showing of cause for revocation, denial, suspension or such other action restricting the privileges of a licensee as the Council may determine. Page 10 5.104(3) 5.104(4) Nondisclosure, misrepresentation or misstatement of a material fact in any application for a license under this chapter shall be a prima facie showing of cause for revocation, denial, suspension or such other action restricting the privileges of a licensee as the Council may determine. The refusal of any licensee or his agent or representative to grant consent to a lawful authorized administrative inspection of the licensed premises may be grounds for denial, revocation, suspension or such other action restricting the privileges of a licensee as the Counoil may determine, subject to the provisions of 5.103(2)(b). Chapter 5 Article II SECTION 2: 5.202(1) 5.202(2) 5.202(3) 5.202(4) Section 5.202 of Ordinance No. 853, City Code of 1977, pertaining to the .licen$in§ of Junk .Dealers which currently reads as follows, to wit: No person shall engage in or conduct business as a junk dealer without a license issued pursuant to the provisions of this chapter. License applications shall indicate the manner and place at which junk will be stored on the premises. (a) The Council may refer the license application to the Planning and Zoning Commission for recommendations. (b) The Council may impose conditions for the storage of junk as a condition of license approval. The provisions of this section shall not apply to or include the business of buying, selling or shipping in wholesale lots any scrap iron, used metal, or dismantled motor vehicles in the course of reprocessing or transforming such materials into forms, conditions or substances required for the use of such materials in smelters, foundries or other reprocessing plants, except that a special Council permit shall be required for the location of any such business. Prior to the issuance of a license under this section, the license applicant shall file a bond in the sum of ~1,000.00 with the Clerk, conditioned upon observation of and compliance with all provisions of this Code relating to junk dealers. SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 5.202(1) No person, firm or corporation shall engage in or conduct business as a junk dealer/auto recycling dealer or an automotive recycling yard and/or junkyard without first having secured a Conditional Use Permit and a license issued pursuant to the provisions of this Chapter. 5.202(2) Definitions. Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this Ordinance: (a) "Person" ahall mean any person, firm, partnership, association, corporation, company or organization of any kind. (b) "Automotive Recyclables" and/or "Junk" shall mean motor vehicles in whole or part, no longer used as such, to be used for scrap metal or stripping of parts; old iron, steel, brass, copper, tin, lead, or other base metals; old cordage, ropes, rags, fibers or fabrics; old rubber; old bottles or other glass; bones; wastepaper and other waste or discarded material which might be prepared to be used again in some form; and any or all of the foregoing; but "junk" shall not include materials or objects accumulated by a person as by.products, waste or scraps from the operation of his business or materials or objects held and used by a manufacturer as an integral part ef his own manufacturing processes. (C)" Automotive Recycling Yard" and/or "Junkyard" shall mean a yard, lot or place, covered or uncovered, outdoors or in an enclosed building, containing automotive recyclables and/or junk as defined above, upon which occurs one or more acts of buying, keeping, dismantling, processing, selling or offering for sale any such automotive recyclables and/or junk, in whole units or by parts, for a business or commercial purpose, whether or not the proceeds from such act or acts are to be used for charity. (d) "Automotive Recycling Dealer" and/or "Junk Dealer" shall mean a person who operates an automotive recycling yard and/or junkyard, as defined above, within the City. 5.202(3) All applicants desiring to secure a license, shall make a written application To the Clerk, upon forms supplied by the City, accompanied with a fee as set by City Council Resolution. 5.2O2(4) No license shall be issued until the applicant has executed and deposited, with the Clerk, a corporate surety bond in the sum of Ten Thousand Dollars Page 12 5.202(5) 5.202(§) ($10,000) guaranteeing the compliance with the provisions of this Ordinance. Such bond shall remain in force and must be executed for a period of one (1) year except that on such expiration, it shall remain in force as to all penalties, claims and demands that may have occurred thereunder prior to such expiration. The City Council or its duly authorized representatives, shall inspect the automotive recycling yard and/or junkyard of all dealers licensed under this Ordinance at least once a year to determine whether such yards are being operated in accordance with the provisions of this Ordinance and ether applicable provisions of law. The licensee shall permit inspection of the business premises by any member or representative of the City Council at any time during regular business hours. Each dealer shall display the license in a conspicuous place on the business premises. No license issued under this Ordinance shall be transferred or used by any person other than the one to whom it was issued. SECTION 3: 5.203(1) 5.203(2) ,Section 5.203 of Ordinance No. 853, City Code of 1977, pertaining to the Licensinq of Transient Merchants, Peddlers, and Solicitort which currently reads as follows, to wit: No persons shall engage in or conduct business as an itinerant hawker or peddler; transient merchant selling merchandise, wares or goods; or a solicitor-canvasser; without a license issued pursuant to the provisions of this chapter. A separate license shall be required for each of the below-named business activities which shall be defined as follows: (a) An "itinerant hawker or peddler" who carries merchandise or goods with him and executes immediate sales thereof. (b) A "transient merchant" who operates out of a stationary place of business and does not possess a vested property right in said place for a period exceeding six months. (c) An "itinerant solicitor-canvasser" who solicits executory contracts or agreements for the future delivery of merchandise or goods, or the future performance of services. 5.203(3) A license shall not be required under this section for Page 13 5.203(4) (a) persons selling or soliciting orders from dealers for merchandise, goods or personal property designated for ultimate resale to consumers, or (b) sheriffs, constables or other public officers selling goods, wares, and merchandise pursuant to provisions of law, or (c) a bona fide trustee, administrator, assignee, receiver or other person appointed and acting under the authority of law, or (d) persons soliciting orders for future door-to-door delivery of newspapers, or (e) persons selling or peddling farm or garden products cultivated by such person, or (f) persons licensed for the same business activity under any other section of this chapter. (g) persons selling or soliciting on behalf of a religious organization; provided that said persons have complied with the requirements of Section 5.203(10) of this Code. Applications under this section shall include the following information, which will also be contained on the issued license: (a) A physical description of the applicant, setting forth the applicant's age, height, color of hair and eyes, and other distinguishing features. (b) The name and address of the person for whom or through whom orders are to be solicited. (c) A description of the goods, wares, merchandise, or services to be sold or solicited. (d) The anticipated duration of the applicant's business in the City. (e) The type of license described in subdivision (2) for which application is being made. 5.203(5) Applicants for a hawker-peddler license, or a transient merchant license shall present proof to the Council of a license issued by the Anoka County Auditor and proof of a filed bond as required by Minnesota Statutes Chapter 329. Lack of such proof shall be mandatory grounds for denial of the license application. Page 14 5.203(6) 5.203(7) 5.203(8) · 5.203(@) 5.203(10) The Clerk shall refer all applications under this section to the Chief of Police to ascertain whether the applicant has a criminal record for any crimes of violence, burglary, robbery, theft, or sex crimes. The Chief shall report any such conviction to the Council and may make appropriate recommendations to the Council. Such a conviction may be grounds for denial of said license application. A separate license shall be required under this section for each agent or employee of a licensee. Any license issued pursuant to this section may be revoked or suspended upon a showing that the licensee has engaged in fraud or made a material misrepresentation or false statement to a customer in the course of pursuing the licensed business, or committed any offense in violation of this code while engaged in the licensed business. No licensee under this section shall: la) call attention to his business or to his merchandise by blowing a horn, ringing a betl, by the use of a voice amplifying devise, or by any other method of causing a loud noise, or lb) sell or solicit on Sunday, or after the hour of 9 p.m. unless an appointment with the customer has been arranged in advance, or lc) enter or conduct business upon premises where a sign or plaque is conspicuously posted stating that no solicitors or peddlers are allowed unless a prior appointment is arranged with a resident of said premises. Persons selling or soliciting on behalf of a religious organization shall, prior to selling or soliciting in the City, register with the City Clerk by establishing their identity and their authority to act for or on behalf of the religious organization. No fee shall be charged by the City for such registration. SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 5.203(1) 5.203(2) City License Required. Except as otherwise provided for by this ordinance, flo person shall conduct business as either · peddler or · transient merchant without first having obtained a license from the City. County License Required. No person shall conduct business as a peddler, solicitor or transient merchant within the City limits without first having Page 15 obtained the appropriate license from Anoka County as required by Minnesota Statutes Chapter 329 as emended. 5.203(3) Definitions and Interpretation. 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 and the plural shall include the singular. The masculine shall include the feminine end the neuter and vice.versa. The term "shall" means mandatory and the term "may" is permissive. The following terms shall have the definitions given to them: (al Person. The term "person" shall mean any natural individual, group, organ]zation, corporation, partnership or association. As applied to groups, organizations, corporations, partnerships and associations, the term shall include each member, officer, partner, associate, agent or employee. peddler. The term "peddler" shall mean a person who goes from house to house, door to door, business to business, street to street, or any other type of place to place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise or other personnel property that the person is carrying or otherwise transporting. The term "peddler" shall mean the same as the term "hawker". (c) Solicitor. The term "solicitor" shall mean a person who goes from house to house, door to door, business to business, street to street, or any other type of place to place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services, of which he or she may be carrying or transporting samples, or that may be described in · catalog er by other means, and for which delivery or performance shall occur et a later time. The absence of samples or catalogs shall net remove e person from the scope of this. provision if the actual purpose of the persons'e activity is to obtain or,~ attempt to obtain orders es discussed above. The term "eolicitor" shall, mean the same as the term "canvasser". (d) Transient Merchant. The term "transient merchant" shall mean a person who temporarily sets up business out of e vehicle, trailer, koxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, or delivering goods, wares, products, merchandise, or other personal property, end who does not remain or intend to remain in any one location. Page 16 (e) 5.203(4) 5.203(5) Re~jular Business Day. Any day during which the City Hall is normally open for the purpose of conducting public business. Holidays defined by State law shall not be counted as regular business days. .Exceptions to Definitions. For the purpose of the requirements of this ordinance, the terms "peddler", "solicitor", and "transient merchant" shall not apply to any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property, to a retailer of the item(s) being sold by the wholesaler. The terms also shall not apply to any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products such as baked goods and milk, nor shall they apply to any person making deliveries of perishable food and dairy products to the customers on his or her established regular delivery route. In addition, persons conducting the type of sales commonly known as garage sales, rummage sales, or estate sales, as well as those persons participating in an organized multi.person bazaar or flea market, shall be exempt from the definitions of peddlers, solicitors, and transient merchants, as shall be anyone conducting an auction as a properly licensed auctioneer, or any officer of the court conducting a court ordered sale. Exemption from the definitions for the scope of this ordinance shall not excuse any person from complying with any other applicable statutory provision or local ordinance. Application. Application for a City license to conduct business as a peddler or transient merchant shall be made et least twenty.one (21) regular business days before the applicant desires to begin conducting business. Application for a license shall be made on a form approved by the City Council and available from the office of the License Clerk. All applications shall be signed by the applicant. All applications shall include the following information: a. Applicants full legal name, date of birth, ~ocial security number, and drivers license number. b. All other names under which the applicant conducts business or to which appJicant officially answers. c. A physical description of the applicant (hair color, eye color, height, weight, distinguishing marks and features, etc.). d. Full address of applicant's permanent residence. Page 17 e. Telephone number of applicant's permanent residence. f. Full legal name of any and all business operation(s) owned, managed, or operated by applicant, or for which the applicant is an employee or ·gent. g. Full address of applicant's regular place of business (if ·ny). h. Any and all business related telephone number(s) of the applicant. i. The type of business for which the applicant is applying for a license. j. Whether the applicant is applying for an annual, monthly or daily license. k. The dates during which the applicant intends to conduct business, and if the applicant is applying for · daily or monthly license, the number of days he or she will be conducting business in the City. I. Any and all address(es) and telephone number(s) where the applicant can be reached while conducting business within the City, including the location where a transient merchant intends to set up business. m. A statement as to whether or not the applicant has been convicted within the last five years of any felony, gross misdemeanor, or misdemeanor for violation of any state or federal statute or any local ordinance, other than traffic offenses. n. A list of the three most recent locations where the applicant has conducted business as a peddler or transient merchant. o. Proof of any required County license. p. Written permission of the property owner or the property owner's ·gent for any property to be used by a transient merchant as well as · site plan of the premises indicating the location on the site the transient merchant will operate. q, A general description of the items to be sold or services to Be provided. r. All additional information deemed necessary by the City Council. 5.203(6) Fee~s. All applications for a license under this section shall be accompanied by the fee established in the City's fee schedule as adopted from time to time by resolution passed by the City Council. 5.203(7) 5.203(8) 5.203(9) 5.203(10) .procedures. Upon receipt of the completed application and payment of the license fee, the License Clerk shall forward the application to the City Council. An application shall be determined to be complete only if all required information is provided. The clerk shall determine if the application is complete. If the clerk determines that the application is incomplete, the clerk shall inform the applicant of the required necessary information which is missing. After verification of the information provided on the application by the Police Department and, based upon the recommendation of the Police Department, the City Council shall vote whether or not to issue the license. If the City Council rejects the application, the applicant shall be notified in writing of the council's decision, the reason for the denial, and of his or her right to appeal the denial by requesting, within fourteen (14) days of receiving the council's notice of rejection, a public hearing to be heard by the City Council within fourteen (14) days of the date of the request. The final decision of the City Council following the public hearing shall be appealable by petitioning the Minnesota Court of Appeals for a Writ of Certiorari. Duration of License. A license granted under this section shall be valid for the time period as indicated on the license. Annual licenses are valid from January 1 through December 31 of each year. License Exemptions. No license shall be required for any person to sell or attempt to sell, or to take or attempt to take orders for, any product grown, produced, cultivated or raised on any farm. No license shall be required of any person going from house to house, door to door, business to business, street to street, or other type of place to place when such activity is for the purpose of exercising that person's State or Federal Constitutional rights (i.e. freedom of speech, press, religion, etc.) except that this exemption may be lost if the person's exercise of Constitutional rights is merely incidental to a commercial activity. Professional fund raisers working on behalf of an otherwise exempt person or group shall not be exempt from the licensing requirements of this ordinance. Ineligibility For License. The following ahall be grounds for denying a license under this ordinance: A. The failure of the applicant to obtain and show proof of having obtained any required County license. B. The failure of the applicant to truthfully provide any of the information requested by the City as a part of the application, or the failure to sign the application, or the failure to pay the required fee at the time of application. C. The conviction of the applicant within the past five years fram the date of application, for any violation ef any Federal or State statute or regulation, or of any local ordinance, which adversely reflects on the person's ability to conduct the business for which the license is being sought in an honest and legal manner or that will not adversely affect the health, safety and welfare of the residents of the city. Such violations shall include but not be limited to: burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. D. The revocation within the past five years of ·ny license issued to the applicant for the purpose of conducting business as s peddler, solicitor or transient merchant. E. The applicant is determined to have a bad business reputation. Evidence efa bad business reputation shall include, but not be limited to, the existence of more than two complaint(s) against the applicant with the Better Business Bureau, the Attorney General's Office, or other similar business or consumer rights office or agency, within the preceding twelve months, or five such complaints filed against the applicant within the preceding five (5) years. 5.203(11) Suspension and Revocation. Any license issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following: 1. Fraud, misrepresentation, or incorrect statements on the application form. 2. Fraud. misrepresentation, or false statements made during the course of the licensed activity. 3. Conviction of any offense for which granting of · license ~ould have been denied under Section 220 of this ordinance. *" 4. Violation of any provision of this ordinance. The susp.~nsion or revocation of ·ny license issued for the purpose of · uthori:inb multiple persons to conduct business ·s peddlers or transient merchat~ts on behalf of the licensee, shall serve Is · suspension or revocation of each such authorized person's authority to conduct business as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked. Page 20 5.203(12) 5.203(13) 5.283(14) (al Notice. Prior to revoking or suspending any license issued under this ordinance, the City shall provide the license holder with written notice of the alleged violation(s) and inform the licensee of his or her right tea hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application, or if no residential address is listed, to the business address provided on the license application. (b) Public Hearing. Upon receiving the notice provided in 5.203(11)(al, the licensee shall have the right to request a public hearing, if no request for a hearing is received by the Clerk within ten (10) regular business days following the service of the notice, the City may proceed with the suspension or revocation. For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the ma|i. If a public hearing is requested within the stated timeframe, a hearing shall be scheduled within fourteen (14) days from the date of the request. Within five (5) regular business days of the hearing, the City Council shall notify the licensee of its decision. (c) Emer§enc¥, If in the discretion of the City Council, imminent harm to the health o: safety of the public may occur because of the actions of a peddler or transient merchant licensed under this section, the Council may immediately suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in Soction 5.203(11)(b). (d) Appeals. Any person whose license is suspended or revoked under this section shah have the right to appeal that decision in court. Transfera b i~it¥. No license issued under this ordinance shall be transferred to any person other than the person te whom the license was issued. Reqistration. All solicitors, and any person exempt from the licensing requirements of this ordinance under Section 5.203(9), shall be required to register with the City. Registration shall be made on the lame form required for a license application, but no fee shall be required. Immediately upon completion of the registration form, the Clerk shall.issue to the registrant a Certificate of Registration as proof of the registration. Certificates of Registration shall be non.transferable. Prohibited Activities. No peddler, solicitor, or transient merchant shall conduct business in any of the following manner: (al Calling attention to his or her business or items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure. (b) No licensee shall have any exclusive right to any location on the public streets or grounds, nor shall a licensee be permitted a stationary location thereon, nor shall a licensee be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. Far the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced. (c) Conducting business in such a way as to create a threat to the health, safety and welfare of any individual or the general public. (d) Conducting business before 9:00 a.m. or after 9:00 p.m.; or on Sunday, before 12:00 p.m. or after 6:00 p.m. (e) Failing ~ provide proof of license or registration, and identification, when requested; or using the license or registration of another person. (f) Making any false or misleading statements about the product or service being sold, including untrue statements of endorsement. No peddler, solicitor, or lransient merchant shall claim to have the endorsement of the City solely based on the City having issued a license or certificate of registration to that person. (g) Remainin[~ on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating, or abusive. 5.203(15) Exclusion E~' Placard. No peddler, solicitor, or transient merchant, unless invited to do so by the property owner or tenant, shall enter the property of another for the purpose of conducting business as a peddler, solicitor, or transient merchant when the property is marked with a sign or placard at least three and three.quarter (3.314) inches long and three and three. quarter (3.3/4) inches wide with print of at least 48 point in size stating "No Peddlers, Solicitors, or Transient Merchants", or"Paddlers, Solicitors, and Transient Merchants Prohibited", ar other comparable statement. No person other than the property owner or tenant shall remove, deface, or otherwise tamper with any sign or placard under this section. Page 22 5.203(16) 5.203(17) Violations and Penalties. Any person who violates any provision of this ordinance shall be guilty of a misdemeanor and upon conviction of any violation shall be subject to a fine not to exceed seven hundred dollars ($700) or a jail sentence not to exceed ninety (90) days, or both, plus the cost of prosecution. Each day e violation exists shall constitute e separate violation for the purposes of this section. Separability. Should any section, clause, or portion of this ordinance be found invalid, unenforceable, or unconstitutional by a court of competent jurisdiction, such finding shall not apply to any other section, clause, or portion of this ordinance, unless the court's findings specifically provides otherwise. SECTIO~ 4: 5.204(1) 5.204(2) 5.204(3) Sectio~, 5.204, of Ordinance No. 853, City Code of 1977, pertaining to the Licensing of Secondhand Merchants, which currently reads as follows, to wit: No person shall engage in or conduct a business dealing in secondhand merchandise and goods without a license issued pursuant to the provisions of this chapter. For p~':~ose.~ of this section, "secondhand merchandise and goods dealer" shall be deliria, as: a person engaging in the business of buying or selling, or both, of any secondhand goods or merchandise previously sold for public consumption including wrecked or dismantled motor vehicles or motor vehicles intended to be wrecked or disma~led, but not including goods and merchandise taken as part or full payment for n~,.' goods and merchandise. Every t~censee under this section shall keep a book in which shall be clearly written in ink, at the time of each loan or purchase, an accurate account or description, in the E~gfish language, cf the goods, article or other thing pawned, pledged or purchased, the amount of money loaned or paid therefor, the time of the receipt of the sa~e, the name, residence and description of the person pawning, pledging, or selling the same. For each article pawned, pledged or purchased, the licensee shall record all serial numbers and an "operation identification" number for each article in the book required hereunder, The book shall also indicate the disposition of each item, including the name and address of the receiver of said item, the date of transfer, and the consideration for said transfer. Such book, as well as the article pawned or purchased, shall at all reasonable times be open to the inspection by the Mayer er any member of the police force. The Council may grant an exemption from this requirement upon a showing by the license~ that such a requirement would impose an undue burden and not further the underlying purposes of this section. Page 23 5.204(4) 5.204(5) 5.204(6) 5.204(7) 5.204(8) Every licensee under this section shall have the duty to report to the Police Depar~rnent any article delivered or transferred to his possession, if the licensee or his agent has reason to believe that the article was delivered to him from a person other than the riohtful owner or an agent of the owner. License applicants under this section shall provide a statement of whether the applicant has ever been convicted of the offense of receiving stolen goods, burglary, robbery or theft. Such a conviction may be grounds for denial of said license application. Prior tc issuance of a license under this section, the license applicant shall file a bond ir' the sum of $1,000.00 with the Clerk. Said bond shall be conditioned upon observation of and compliance with all provisions of this Coda relating to second hand n~erchants, and upon delivery to any person legally entitled thereto, any goods, wares or merchandise, article or thing, which may have come into his hands throug'~ his licensed business or in lieu thereof will pay in money to such person or persons the reasonable value thereof. Ever~, hcensee under this section purchasing or receiving on deposit for a loan any articl~ ~r personal property shall give to the person selling or depositing such article or per.~nal property a plain written or printed ticket or receipt for the article or perso~aJ property so sold or deposited, showing the terms of such sale or loan and a colo~ of the entries in his book above requiring relating to such sale or loan. Any l~-."son rJesiring to have an exhibition, convention, show or exposition of seco~:::'.and goods or antiques for a limited period of time may apply to the Council for a i~cense for a period not to exceed five (5) calendar days. (a) Th~ application shall contain the name, or names, of the persons who will be respo~:s~ble for the conduct and management of the exhibition, convention, show or ez~',asition, and the dates, time and place during which such exhibition, conve~tion, show or exposition will be held. (b) Pr,or to the issuance of a license under this section, the applicant shall file a bond ~,ith the Clerk written by a surety company authorized to do business in the State of Minnesota in the penal sum of 85,000.00, and conditioned that the principal named therein will observe all laws in relation to dealers in secondhand goods and antiques and conduct the business in conformity thereto, and will account for and deliver to any person legally entitled thereto any goods, wares or merchandise, article or thing, which may have come into his or their hands through the b~:s~ness transacted a~ such exhibition, convention, show or exposition, or, in lieu zhereof, will pay in money to such person or persons the reasonable value thereof. Page 24 5.204(9) 5.203(10) 5.204(11 ) (c) Garage sales in residential districts, otherwise permitted by the Zoning Code, shall not require a license hereunder. (d) The fee for such license shall be set by resolution of the Council. The Council may waive such license fee and bond requirement for church, charitable, and public service organizations. No persona~ property received on deposit by any licensee under this section shall be redeemed for a period of 48 hours next after the delivery to the Police Department of the copy and statement relating thereto as required in 5.205(8), and no personal property purchased by said licensee shall be sold or disposed of in any way within the period of 10 days next after the delivery to the Police Department of the copy and statement relating thereto. Whenever the Chief of Police, or any member of the police force designated by the Chief of Police, shall notify any such dealer or dealers not to sell any property so receiwc or deposit or purchased by them, or permit the same to be redeemed, such proper:¥ shall not be sold or permitted to be redeemed until such time as may be determined by the Chief of Police or member of the police force designated by the Chief of Police so requiring them to be held. Licens~.~s ~qder this section shall be restricted to the following hours: (a) Bushiness may be conducted: From ~:00 a.m. to 9:00 p.m. on Monday, Tuesday, Wednesday, Thursday and Friday From ~:00 a.m. to 6:00 p.m. on Saturday. From 12:00 noon to 5:00 p.m. on Sunday. (b) Bus,ness may be conducted during the time from December 14 to December 24, inclusi~.~ from 9:00 a.m. to 9:00 p.m. on each day of the week, excluding Sundays. (c) NoTwithstanding the foregoing, no business may be open on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, nor at any of the times and hours specifically allowed hereunder. The CoJncit may grant an exemption from the requirement of 5.204(11) with respect to hours during which business may be conducted, and business opening on New Year's Day, Memorial Day, Fourth of July and Labor Day for merchants who obtain ~heir merchandise solely from eleemosynary organizations upon a showing by the '.~censee that the requirements of 5.204(11) would impose an undue burden on the ',cepsee and would not further the underlying purposes of this section. Page 25 AND 5.205(1) 5.205(2) 5.205(3) 5.205(4) 5.205(5) Section 5.205 of Ordinance No. 853, City Code of 1977, pertaining to the Licensing of Pawnbrokers which currently reads as follows, to wit: No person shall engage in or conduct a pawn broker business without a license issued pursuant to this chapter. (a) For purposes of this section, a pawnbroker shall be defined as: a person who loans money on deposit or pledge of personal property or other valuable thing, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. (b) No person shall exhibit and maintain any sign usually known as a pawnbroker's sign, such as "three balls", or any number of balls, or in any manner advertise to loan money on deposit, or pledge of personal property or other valuable thing, without being licensed under this section. Every licensee under this section shall keep a book in which shall be clearly written in ink, at the time of each loan or purchase, an accurate account or description, in the English language, of the goods, article or other thing pawned, pledged or purchased, the amount of money loaned or paid therefor, the time of the receipt of the same, the name, residence and description of the person pawning, pledging or selling the same. For each article pawned, pledged or purchased, the licensee shall record all serial numbers and an "operation identification" number for each article in the book required hereunder. The book shall also indicate the disposition of each item, including the name and address of the receiver cf said item, the date of transfer, and the consideration for said transfer. Such book, as well as the article pawned or purchased, shall at all reasonable times be open to the inspection by the Mayor or any member of the police force. No licensee under this section shall receive as a pledge, or purchase any revolver, ,"*' pistol, blackjack or sawed-off shot gun and shall not display any such item for sale in the shop or the shop window. Every licensee under this section shall have the duty to report to the Police Department any article pledged with him, if the licensee or his agent has reason to believe that the article was delivered to him from a person other than the rightful owner, or an agent of the owner. License applicants under this section shall provide a statement on the application indicating whether the applicant has ever been convicted of the offense of ~age 28 5.205(6) 5.205(7) 5.205(8) 5.205(9) 5.205(1 O) receiving stolen goods, burglary, robbery, or theft. Such a conviction may be grounds for denial of said license application. Prior to issuance of a license under this section, the license applicant shall file a bond in the sum of ~5,000.00 with the Clerk. Said bond shall be conditioned upon observation of and compliance with all provisions of this Code relating to second hand merchants, and upon delivery to any person legally entitled thereto, any goods, wares or merchandise, article or thing, which may have come into his hands through his licensed business or in lieu thereof will pay in money to such person or persons the reasonable value thereof. Every licensee under this section purchasing or receiving on deposit for a loan any article or personal property shall give to the person selling or depositing such article or personal property a plain written or printed ticket or receipt for the article or personal property so sold or deposited, showing the terms of such sale or loan and a copy of the entries in his book above required relating to such sale or loan. Every licensee under this section shall make out and deliver to the Police Department every day before noon, a legible and correct copy, from the book required in 5.205(2) of all personal property or other valuable things received or deposited or purchased during the preceding day, together with the time when received or purchased and a description of the person or persons by whom left in pledge, or from whom the same were purchased. (a) Notwithstanding the aforementioned provisions, no person shall be required to furnish such description of any property purchased from merchants, manufacturers or wholesale dealers having an established place of business, or of goods purchased at open sale from any bankrupt stock. (b) Such property or goods must be accompanied by a bill of sale or other evidence of open or legitimate purchase, which must be shown to the Mayor or any member of the police force when demanded. No personal property received on deposit by any licensee under this section shall be redeemed for a period of 48 hours next after the delivery to the Police Department of the copy and statement relating thereto as required in 5.205(8), and no personal property purchased by said licensee shall be sold or disposed of in any way within the period of 10 days next after the delivery to the Police Department of the copy and statement relating thereto. Whenever the Chief of Police, or any member of the police force designated by the Chief of Police, shall notify any such dealer or dealers not to sell any property so received on deposit or purchased by them, or permit the same to be redeemed, such Page 27 5.205(11) 5.205(12) 5.205(13) property shall not be sold or permitted to be redeemed until such time as may be determined by the Chief of Police or member of the police force designated by the Chief of Police so requiring them to be held. No person shall exhibit and maintain any sign usually known as a pawnbroker's sign, such as "three balls", or any number of balls, or in any manner advertise to loan money on deposit, or pledge of personal property or other valuable thing, without being licensed under this section. Licensees under this section shall be rastricted to the following hours for conducting business: (a) No property shall be received as a pledge or purchase by any dealer; nor shall any property except personal wearing apparel be sold during said hours by any dealer, from 11:00 p.m. Saturday to 7:00 a.m. Monday, nor on any other day before 7:00 a.m., nor on any day, except Saturday, after 9:00 p.m. (b) No other business shall be conducted: From 9:00 p.m. Monday to 8:15 a.m. Tuesday, or From 9:00 p.m. Thursday to 8:15 a.m. Friday; From 6:00 p.m. Tuesday, Wednesday and Friday to 8:15 a.m. of the following day; From 6:00p.m. Saturday to 87:15 a.m. of the following Monday; or on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. (c) Notwithstanding the foregoing, any business may be open until 9:00 p.m. from December 14 to December 24, inclusive, excluding Sundays. No licensee under this section shall purchase or receive on deposit any personal property, goods, wares, merchandise, article or thing, from minors, persons of unsound mind, or intoxicated persons. AND Section 5.611, of Ordinance No. 853, City Code of 1977, pertaining to the Licensing of Precious Metal Dealers which currently reads as follows, to wit: 5.611 (1) 5.6t 1 (2) 5.611 (3) (a) No person or organization, except a bona fide non-profit coin club, shall engage in or conduct a business dealing in precious metals without a license issued pursuant to the provisions of this section. (b) This section shall not relieve any person or organization dealing in items other than precious metals at the same or e different location, from the requirement of obtaining other licenses required by this Code. (c) This section shall not apply to the purchase of secondhand items containing precious metal for resale in unaltered form to the general public at retail, as an incidental part of a regular business. (d) This section shall not apply to persons engaging in coin collecting as a hobby who make less than twenty (20) purchases and sales within a calendar year. Definitions. For purposes of this section, the following words shall have the meanings ascribed to them: (a} "Precious Metal Dealer" shall mean any person, co-partnership or corporation, either as principal or agent, who engages in the business of buying or selling secondhand items containing precious metals, including but not limited to jewelry, watches, coins, eating utensils, candlesticks, decorative objects and ingots. (b) "Precious Metal" shall mean gold, silver and platinum. Application. (a) Every person or organization desiring a license to deal in precious metals shall apply to the City Council for a license on an application form provided by the City Clerk. The application shall contain all information required by the City Clerk including: (i) Name, place and date of birth and street residence of the applicant. (ii) The business address and the name and address of the owner of the premises. (iii) A statement whether, within the preceding ten years the applicant has been convicted of any crime, petty misdemeanor or municipal ordinance relating to receiving stolen goods, theft, burglary, robbery, damage or trespass to property or operation of a business; the nature and date of the offense and the penalty assessed. Page 29 5.611 (4) 5.611 (5) (iv) A statement whether the applicant is a natural person, corporation or partnership. (aa) If the applicant is a corporation, the state of incorporation and the names and addresses of all officers and directors. (bb) If the applicant is a partnership, the names and addresses of all partners; (v) The name of the manager of proprietor of the business. (b) Execution of Application- If the applicant is a natural person, the application shall be signed and sworn to by the person; if a corporation, by an agent authorized to sign; if a partnership, by a partner. (c) The Chief of Police or his designee shall investigate into the truthfulness of the statements set forth in the application and shall endorse his findings thereon. The applicant shall furnish to the Chief of Police such evidence as he may reasonably require in support of the statements set forth in the application. (d) False Statements in Application. No person shall make any material false statement in any application. In addition to other penalties, the licensee's license may be revoked by the City Council for a violation of this section. Bond Required.. Prior to the issuance of a license under this section, the applicant shall file a five thousand dollar (85,0D0.00) bond with the City Clerk. Said bond shall be conditioned that the principal named will observe and comply with all laws and the provisions of this Code relating to dealers in precious metals, and will conduct business in conformity thereto, and that the principal will account for and deliver to any person legally entitled any goods which may have come into the principal's hand through the principal's business as dealer in precious metal items, or in lieu thereof, will pay the reasonable value in money to the person. ..., License Fee. The annual license fee for a precious metal dealer hall be One Hundred, Dollars (8100.00). In addition to the fee specified above, an additional One Hundred Dollars (81 DO.OD) fee shall be paid by an applicant: (a) Upon initial application for the license specified in this section, and (b) Upon application for the license specified in this section after failing to renew the license within one (1) year of the expiration date of the previously held license. Page 30 5.611 (6) 5.611 (7) 5.611 (8) The One Hundred Dollars (8100.00) fee shall not be refunded whether or not the license sought is granted. The amount of the license fee may hereafter be amended by resolution of the Council. Expiration of license. All licenses issued under this section shall expire on December 31 of each year. Business at only one place. A license under this section shall authorize the licensee to carry on its business only at the permanent place of business designated in the license. The licensee shall either own the building in which the business is conducted or have a lease on the business premises which extends for more than six (6) months. No license may be transferred to a different location or a different person. No licensee or agent thereof shall store any items containing precious metal at any location other than the address listed on the license. Records Required. Every precious metal dealer shall, at the time of purchase or consignment of a good, immediately record clearly in ink, in the English language in a book, an accurate account containing the following information: la) A complete description of the item, including but not limited to: (i) Type and size of item; (ii) Kind and quality of metal; (iii) any engravings or distinguishing characteristics; (iv) any gems attached; (v) date, mint, and condition of all coins lb) Purchase or consignment price; lc) Time and date of receipt; {d) Name, residence address, and driver's license number (or equivalent identification where a driver's license is not available) of the person selling or consigning the good. The book as well as the goods purchased or consigned shall at all reasonable times be open to inspection of the Mayor or any member of the Police Department. Entries in the book shall be retained for at least three (3) years. Page 3*/ 5.611 (9) Receipt to Seller. Each precious metal dealer shall provide a receipt to the seller or consignor of any item which shall include: (a) The name, address and phone number of said precious metal dealer; (b) The date; (c) A description of the item purchased as provided in Section 5.611(8)(a) herein; (d) The purchase price; (e) The signature of the person purchasing or receiving the item. A copy of each receipt shall be kept on file at the place of business designated in the dealer's license. Each receipt shall be open to inspection in the same manner as the records required by Section 5.611 (7). 5.611 (10) Payment by check only. Payment to the seller or consignor shall be by check only, made payable to a named payee who is the actual intended seller. 5.611 (11) Photographs required. Every licensee shall maintain photographic equipment at its place of business capable of taking high quality color photographs of both the individual selling or consigning items and the items sold or consigned. The photographic equipment maintained shall be of a type and quality approved by the City Clerk. When a licensee, or an agent or employee thereof, receives any precious metal item except coins, he or she shall photograph the individual selling or consigning such item and each item received. The photographs required by this section shall be maintained along with the other records required by this section in such a manner that they can be readily matched and correlated with all other records of the transaction to which they relate. Such photographs shall be available to the police department upon request. 5.611 (12) Reports to Police. Every precious metal dealer shall make out and deliver to the Police Department every day before noon, upon a form approved by the Police Department, a legible description of the goods purchased during the preceding day, together with the time purchased and the name and address of the person from whom the goods were purchased. The description of the goods shall include: (a) A complete description of the item, including but not limited to: (i) Type and size of item; (ii) kind and quality of metal; 5.611 (13) 5.611 (14) (iii) any engravings or distinguishing characteristics; (iv) any gems attached; (v) date, mint, and condition of all coins (b) Purchase or consignment price; (c) Time and date of receipt No person shall be required to furnish reports of bulk sales from merchants, manufacturers or wholesale dealers of precious metal or of goods purchased at open sale from bankrupt stock. Bulk sales must be accompanied by a bill of sale or other evidence of purchase which must be shown to any member of the Sheriff or Police Department upon demand. Every licensee under this section shall have the duty to report to the Police Department any article delivered or transferred to his possession, if the licensee or his agent has reason to believe that the article was delivered to him from a person other than the rightful owner or an agent of the owner. No secondhand precious metal item purchased or received by any precious metal dealer shall be altered, sold, divested of possession, or disposed of in any way, for a period of thirty (30) days next after the delivery to the Police Department of the copy and statement relating thereto as required in this Section 5.611 (12). Police Order to Hold Property. Whenever the Chief of Police or his designee, notifies a dealer not to sell an item, the item shall not be sold, altered or removed from the licensed premises until authorized to be released by the Chief of Police or his designee so requiring the item to be held. Prohibited Acts. (a) No person under eighteen (18) years of age shall sell or consign or attempt to sell or consign any item to any dealer in precious metals. No dealer in precious metals, nor any agent or employee thereof, shall purchase or receive on deposit any item from any person under eighteen (18)years of age. (b) No dealer in precious metals, nor any agent or employee thereof, shall purchase or receive on deposit any item from a person of unsound mind or an intoxicated person. 5.611 (15) (c) No dealer in precious metals, nor any agent or employee thereof, shall purchase or receive on deposit any items unless the seller presents identification in the form of a driver's license, pictured identification, or medicard. Denial, Suspension or Revocation. Any license under this section may be denied, suspended or revoked for any of the following reasons: (a) The use of proposed use is in conflict with the Columbia Heights Zoning Code; (b) The use or proposed use is in conflict with any health, building, building maintenance or other provision of this Code or state law; (c) Violation of any provision of this section; (d) Fraud, misrepresentation or bribery in securing a license; {e) Fraud, misrepresentation or false statements made in the course of the applicant's business; (f) Conviction of the applicant, any partner or shareholder of the applicant, or any employee of the applicant within the preceding five (5) years, of any crime, petty misdemeanor or municipal ordinance relating to theft, receiving stolen goods, burglary, robbery, damage or trespass to property or the operation of a business. ARE HEREBY REPEALED AND HAVE BEEN REWRITTEN AND COMBINED AS FOLLOWS: 5.204(1) Purpose. The City Council of the City of Columbia Heights finds that pawnbrokers, aecondhand goods merchants and precious metal dealers potentially provide an opportunity for the concealment of crimes because such businesses have the ability to receive and transfer stolen property easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers, secondhand goods merchants and precious metal dealers. The purpose of this Ordinance is, therefore, to prevent pawnbroking, secondhand goods and precious metal businesses from being used as facilities for commission of crimes and to assure that such businesses comply with the basic consumer protection standards, thereby protecting the public health, safety and general welfare of the residents of the City. 5.204(2) License Required. No person shall exercise, operate, carry.on or be engaged in the business of pawnbroker, secondhand goods merchant or precious metal dealer within the City unless such person is currently licensed under this Chapter. A license under this chapter shall authorize the licensee to carry on business only at the permanent place of business designated in the license. No license may be transferred to a different location or different licensee. A separate license will be required for each business in this chapter. For instance, a pawnbroker may not conduct, operate or engage in the business of secondhand goods dealer without having obtained a secondhand goods dealer license in addition to a pawnbroker license. 5.204(3) Definitions. The following words and terms when used in this chapter shall have the following meanings: Antique: Work of art, furniture, decorative object made at an earlier period at least 30+ years old. Minor: Any natural person under the age of 18 years. Pawnbroker: A person who loans money on deposit or pledge of personal property or other valuable items or who deals in the purchasing of personal property or other valuable items on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof. This chapter does not apply to a person doing business under and as permitted by any law of this State or of the United States relating to banks, building and loan associations, savings and loan associations, trust companies or credit unions. Person: One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization. Precious Metals Dealer: Any person, partnership or corporation, either as principal or agent, who engages in the business of buying or selling secondhand hand items containing precious metal, including but not limited to jewelry, watches, coins, eating utensils, candlesticks, decorative objects and ingots. Precious Metals: Silver, gold or platinum. Secondhand Goods DealerIMerchant: A person engaging in the business of buying or selling, or both, of any secondhand goods or merchandise previously sold for public consumption. 5.204(4) EXEMPTIONS. A. Pawnbrokers and secondhand goods dealers shall not apply to or include the following: 1. The sale of secondhand goods where all of the following are present: a. The sale is held on property occupied as a dwelling or ,* owned, rented or leased by · charitable or political ~ organization. b. That no sale exceeds a period of 48 consecutive hours. c. That no more than two (2) sales are held in any twelve (12) month period. d. That none of the items offered for sale shall have been purchased for resale or received on consignment for the purpose of resale. 2. The sale of secondhand books or magazines, sport trading cards, sound or video recordings, films, or electronic game cartridges. 3. The sale of goods at an auction held by a State licensed auctioneer. 4. The business of buying or selling only those secondhand goods taken as · part or full payment for new goods and where such business is incidental to and not the primary business of a person. 5. A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business er of goods sold at open sale from bankrupt stock. 6. Goods sold at what is commonly known as a farmer's market. Farmer's market allows the sale of vegetables, fruits, garden produce, farm produce, and arts end crafts specifically defined as items which are handmade and sold only by the creator of the item or the creator's immediate family. 7. Goods sold at an exhibition, providing the exhibition does not last longer than ten (10) days in any twelve (12) month period. 8. Sales by a person licensed as a motor vehicle dealer. 9. The exclusive sale of antiques. 10. A merchant exclusively selling secondhand clothing or clothing on consignment, or secondhand furniture. 11. Sales made by the sheriff or other public officials in the discharge of their official duties. 12. Sales made by assignees or receivers appointed in the state to make sales for the benefit of creditors. B. Precious Metal Dealers shall not apply to persons conducting the following transactions: 1. Transactions at occasional "garage" or "yard" sales, estate sales or farm auctions held at the decendent's residence, except that precious metal dealers must comply with the requirements of Minnesota Statutes, Sections 325F.734 to 325F.742, for these transactions. Page 36 2. Transactions regulated by Minnesota Statutes, Section 80A. 3. Transactions involving the purchase of precious metal grindings, filings, slag, sweeps, scraps, or dust from an industrial manufacturer, dental lab, dentist or agent thereof. 4. Transactions involving the purchase of photographic film, such as lithographic and X.ray film, or silver residue or flake recovered in lithographic and X.ray film processing. 5. Transactions involving bullion. 6. Transactions in which the secondhand item containing precious metal is exchanged for a new item containing precious metal and the value of the new item exceeds the value of the secondhand item. 7. Transactions between precious metal dealers if both dealers are licensed under Minnesota Statutes, Section 325F.733 or if the seller's business is located outside the state to a dealer licensed under Minnesota Statutes, Section 325F.733. 5.204(5) LICENSE APPLICATION CONTENT Applications for a pawnbroker license, secondhand merchant license or precious metals dealers license to be issued under this Chapter shall contain information as required on forms supplied by the City. The application shall state whether the applicant is a natural person, partnership, corporation or other form of organization. A. Full legal name, place and date of birth, street residence address and length of time at that address of the applicant. B. Whether applicant has ever used or been known by a name other than his true name and, if so, what was such name or names, and information concerning dates and places where used. C. The name of the business if h is to be conducted under a designation, name or style other than the full individual name of the applicant. O. Kind, name and location of every business or occupation applicant has been engaged in during the preceding five (5) years. Page 37 E. Names and addresses of applicant's employers and partners, if any, for the preceding five (5) years. F. Whether applicant has ever been convicted of a felony, 9ross misdemeanor er misdemeanor, excluding traffic violations, and, if so, the date and place of conviction and the nature of the offense. G. If the applicant has not resided in the City for three (3) years last preceding the date of application, at least four (4} character references from residents of the State of Minnesota must be provided. H. If the applicant is a partnership, the names and addresses of all partners ·nd all information concerning each partner as is required of a single applicant. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. I. If the applicant is a corporation or other association, the following additional information shall be required. 1. Name and, if incorporated, the state of incorporation. 2. A true copy of the certificate of incorporation, articles of incorporation or association agreement and by.laws and, if a foreign corporation, a certificate of authority as described in Minnesota statutes. 3. The name of the operating officer or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant. As used in this Chapter, the term "operating officer" shall mean the person responsible for the day.to.day operating decisions of the licensed premises. 4. A list of all persons who, singly or together with their spouse, or a parent, brother, sister or child or either of them, own or control an interest in said corporation or association in excess of five percent (5%) or who are officers or directors of said corporation or association; together with their addresses ·nd all information as is required of · single applicant. J. The full legal name, address and home phone number ef the manager or proprietor of the business. K. Each application shall be accompanied by a statement indicating the amount of investment the applicant has in the business, building, premises, fixtures, furniture, stock in trade, etc. and proof of source of such money. Page 38 L. Whether the applicant holds a current pawnbrokers, secondhand goods merchant or precious metal dealers license from ·ny other governmental unit. M. Whether the applicant has previously been denied a pawnbroker, secondhand goods merchant or precious metal dealers license from any other governmental agency. N. Whenever the application is for a premises either planned or under construction or undergoing substantial ·Iteration, the application shall be accompanied by · set of preliminary plans showing the design of the proposed premises to be licensed. If the pi·ns or design ·re on file with the City of Columbia Heights Building Inspection Department, no plans need be submitted with the issuing authority. O. The exact legal description of the premises to be licensed, together with a plot plan of the area for which the license is sought showing dimensions, location of buildings, street access parking facilities. P. Such other information as the City Council or issuing authority may require. No person shall make any false statement in the application, in addition to other penalties, the license may be revoked by the City Council for giving false information on the application. By submitting an application, the applicant consents to any and all investigations the City deems appropriate and waives any claims the applicant may have. Copies of the application shall be submitted to such other City departments as the City Council shall deem necessary for the verification and investigation of the facts set forth in the application. 5.204(6) LICENSE FEES. At the time of each original application for · license, the applicant ah·Il pay, in full, an investigation fee. The investigation fee shall be as specified by the City Council. The annual license fee shall be paid in full before the application for the license is accepted. ~Upon rejection of any application for · license or upon withdrawal of an application before approval of the issuance by the City Council, the license fee only shall be refunded to the applicant except where rejection is for a willful misstatement in the license application. If any investigation outside the State of Minnesota is required, the applicant ah·Il be charged the cost which ah·Il be paid by the applicant, prior to issuance of a license, after deducting the initial investigation fee, whether or not the license is granted. The annual license fee for renewal of a license shall be paid in full at the time the renewal application is filed with the City. An application for the renewal of an existing license shall be made to the Clerk at least thirty (30) days prior to the expiration date of the license. Page 39 All licenses issued under this section shaft expire as of midnight on December 31st of the year of issuance. Each license shall be issued to the applicant only and shall not be transferable to another person or for another location. 5.204(7) BOND REQUIRED. At the time of filing an application for · license under this Section, the applicant shall file a bond in the · mount of $5,000 with the City. The bond, with a duly licensed surety company as surety thereon. Said bond must be conditioned that the licensee shall ebserve the ordinances ef the City, in relation to the business of pawnbroker, secondhand merchant or precious metal dealer, and that the licensee will account for and deliver to any person legally entitled thereto any articles which may have come into the possession of the licensee as pawnbroker, and/or secondhand merchant, and/or precious metal dealer or in lieu thereof such licensee shall pay the person or persons the reasonable value thereof. Such bond shall be maintained so long as the licensee does business as such for the benefit of the City or · ny person who shall suffer any damage through the act of such licensee and shall not be terminated without the bond company giving written notice thirty (30) days in advance of the termination date to the City License Clerk, 5.204{8) PERSONS AND LOCATIONS INELIGIBLE FOR A LICENSE. No license under this Section shall be granted to or held by any person who: A. Is a minor at the time the application is filed. B. is not a citizen of the United States or a resident alien. C. is not of good moral character or repute. D. Has had · pawnbroker, secondhand goods merchant, or precious metal dealer license revoked in the last five (5) years. E. Has been convicted of · state or federal law relating to receiving stolen property, sale of stolen property or controlled substance, burglary, robbery, theft, damage or trespass to property, operation of · business, or any law or Ordinance regulating the business of pawnbrokers, secondhand goods merchants or precious metal dealers. F. In the judgment of the Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license. Pege 40 G. No license shall be granted for operation of any premises located in a residential district of the City. A Pawnbroker license is allowed only in the General Business District of the City. A Precious Metal Dealer and/or Secondhand Goods Merchant operations are allowed in the Central Business District and Retail Business Districts of the City. ( Alternate wording: *All uses as described in this section shall comply with the Zoning Ordinance of the City.) H. No license shall be granted or renewed for operation of any premises on which real estate taxes, assessments or other financial claims of the City or of the State are delinquent or unpaid. I. Holds an intoxicating liquor license under this Code. Section 5.204(9) CONDITIONS OF LICENSES. A. Records. Each licensee hereunder shall keep a record of each transaction at the time of receipt of an article deposited, left, sold, purchased, pledged or pawned. Said records shall be legible, made in ink and shall be in the English language. The records so kept shall include the following information about each transaction: 1. The full legal name, address, telephone number, date of birth and a reasonably accurate description of the person from whom the item was received including, at a minimum, the sex, height, weight, race, color of eyes and hair. 2. The time, date and place of transaction. 3. An accurate description of the article, in English; any and all numbers wTitten, stamped, impressed or engraved thereon; any identifying marks; any gems attached; and the name of the manufacturer and model if indicated on the article. 4. The amount of money loaned upon or paid for the item or the purchase or consignment price. 5. The identification number from one of the following forms of identification of the person from whom the item was received: (a) A valid Minnesota photo driver's license; or (b) A valid Minnesota photo identification card; or Page 41 (c) A valid photo identification issued by the state of residency of the person from whom the item was received and one other form of identification. 6. Any other information the Police Department may require or deem necessary. 7. Date, mint, and condition of all coins. B. Disposition of Articles. When any article is sold or disposed of by the licensee, the records shall contain an account of such sale with the date thereof, interest and charges accrued, the amount for which the article was sold and full legal name, current address and telephone number of the person to whom sold. C. inspection of Records. The records referred to in this Section shall be open to the inspection of the Police Department at all reasonable times and shall bo retained by the licensee for at least four (4) years. D. Receipt. Every licensee shall deliver to the person pawning, pledging, selling, leaving or depositing any articles, a certificate numbered to correspond with the licensee's records. The certificate shall contain the substance of the record. E. Reports to Police Department. Every licensee shall prepare and deliver to the City, each day, in the manner and form prescribed by the City, a legible, correct and complete record of the hereinbefore required account of ail personal property or other valuables received, deposited, purchased, pledged, pawned, sold or otherwise disposed of during the preceding day. F. Exceptions To Reports. No licensee shall be required to furnish descriptions of any property purchased from manufacturers and wholesale dealers having an established place of business or of any goods purchased at on open sale from any bankrupt stock or from any other person doing business end having an established place of business. Any goods referred to in this section must be accompanied by · bill of sale or ether evidence of'open or legitimate purchase and must be shown to the Police Department when demanded. G. Redemption Period. Any person pledging, pawning or depositing an article of property for security shall have a minimum ef one hundred twenty (120) days from the date when the loan or pledge becomes due and payable to redeem the article before the article becomes forfeitable. No article of property on deposit with any licensee nor property purchased by or sold to, or in any other way coming into possession and under the control of any licensee in the due course of business, shall be permitted to be redeemed from the place of business of the Page 4.2 licensee for a period of seventy.two (72) hours, nor shall the property be sold within ten (10) days, after the record required to be delivered to the City has been delivered. Whenever any police officer, acting in the course and scope of his or her duties, shall notify a licensee not to self or permit to be redeemed any articles of property received on deposit or purchased by the licensee, the articles shall not be permitted to be redeemed or sold until such time as may be determined by the Police Chief or designee. H. Payment By Check. Payment by licensee for any article deposited, left, purchased, pledged or pawned shall he made only by a check, draft or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial institution. !. Posting of License. All licensees shall post their licenses, in a conspicuous place, in the licensed premises under the licensed activity. J. Responsibility of Licensee. The conduct of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under such license, shall be deemed the conduct of the licensee. K. Penalty For Property Owner. It is unlawful for any person who owns or controls any real property to knowingly permit it to be used for pawnbroking without a license required by this Section. 5.204{10) RESTRICTED TRANSACTIONS, A. No licensee shall be open for the transaction of business on any day of the week before 7:00 a.m. or after 10:00 p.m. ti. No licensee shall purchase, accept or receive any article of propef~y from any person under eighteen years of age nor from intoxicated persons, nor those of unsound mind. C. No licensee shall purchase, accept or receive any article of properly which contains an altered or obliterated serial number or any article of property whose serial number has been removed. O. No licensee under this section shall receive as a pledge, or purchase'any revolver, pistol, blackjack or sawed.off shot gun and shall not display any such item for sale in the shop or the shop window. E. No licensee shall purchase, accept or receive any article of property knowing, or having reason to know, that the article of property is encumbered by a security interest. For the Page 43 purpose of this section, "security interest" means an interest in property which secures payment or other performance of an obligation. F. No licensee shall purchase, accept or receive any article of property, from any person, knowing, or having reason to know, that said person is not the true and correct owner of the property. G. No licensee shall purchase, accept or receive any article of property, from any person, without first having obtained one of the following forms of identification from the person: 1. A valid Minnesota photo driver's license; or 2. A valid Minnesota photo identification card. 3. A valid photo identification issued by the State ef residency of the person from whom the item was received and one other form of identification. No other forms of identification shall be acceptable. 5.204(11) !.NSPECTIONS. A. Stolen Goods. Any licensee shall, at afl times during the term of the license, allow any Police Officer to enter or inspect the premises, where the licensee is cawing on business, and ali records pertinent to the operation of the business for the purpose of locating articles of property suspected or alleged to have been stolen. No licensee shall conceal any article in his possession from any Police Officer. Articles of property determined, upon investigation, to be stolen may be seized as evidence from the licensee by any Police Officer and returned to the rightful owner in accordance with the provisions of Minnesota Statute 609.523. No licensee may obstruct, hinder, or otherwise interfere with any police investigation concerning stolen articles of proper~y discovered on the licensee's premises. A licensee must report to the Police Department any article of property pawned or received, or sought to be pawned or received, if the licensee has reason to believe that the article of properly was stolen or lost. B. Inspection by Claimed Owner. All articles of property coming into the possession of any licensee, under the terms hereof, shall at all times be open to inspection and right of examination of any person claiming to have been the owner thereof or claiming to have had any interest therein when such person is accompanied by a Police Officer. Page 44 5.204(12) CONDUCT OF PERSONS ON LICENSED PREMISES. A. No person may pawn, pledge, sell, leave, or deposit any article of property not their own; nor shall any persons pawn, pledge, sell, leave, or deposit the property of another, whether with permission or without; nor shall any person pawn, pledge, sell, leave, or deposit any article of property in which another has a security interest; with any licensee. B. No minor may pawn, pledge, sell, leave, or deposit any article of property with any licensee. C. No person may pawn, pledge, sell, leave, or deposit an article of property with a licensee without first presenting identification in the form of a Minnesota photo drivers license; a Minnesota photo identification card; or · photo identification issued by the state of residency of the person and one other form of identification to the licensee. D. All licensee's shall, by adequate sign·ge and separate written notice, inform persons seeking to pawn, pledge, sell, leave, or deposit articles of property with the licensee of the foregoing sections. For the purposes of this section, "adequate sign·ge" shall be deemed to mean at least one sign, of not less than four (4) square feet in surface area, comprised of lettering of not less than 3/4 of an inch in height, posted in a conspicuous place on the licensed premises and stating substantially the following: TO PAWN OR SELL PROPERTY: YOU MUST BE AT LEAST 18 YEARS OF AGE. YOU MUST BE THE TRUE AND CORRECT OWNER OF THE PROPERTY. THE PROPERTY MUST BE FREE AND CLEAR OF ALL CLAIMS OR LIENS. YOU MUST PRESENT A PHOTO IDENTIFICATION. VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME. For the purposes of this section "separate wTiTten notice" ·hall be deemed to mean the certificate, hereinbefore required to be delivered to the person pawning, pledging, selling, leaving, or depositing an article ef propers/with s licensee; incorporating a statement to the effect that the person pawning, pledging, selling, leaving, or depositing the article is at least 18 years of age; is the true owner of the article; and that the article is free and clear of all claims and liens; and requiring a signature of acknowledgement by the person pawning, pledging, selling, leaving, or depositing the article as to the statement. Page E. No person seeking to pawn, pledge, sell, leave, or deposit any article of property with a licensee shall give a false or fictitious name; nor give a false date of birth; nor give a false or out of date address of residence or telephone number; nor present a false drivers license or identification card; to any licensee. 5.204(13) .CORPORATIONS, PARTNERSHIPS OR ASSOCIATIONS. A. Licenses issued to corporations shall be valid as long as there is not change in the officers or ownership interest of the corporation unless such change is approved by the City Council, in which event said license shall continue in force until the end of the then current license year. Failure to report any change in stockholders, officers, or managers shall be grounds for the revocation of ali licenses held by the corporation. Every corporation licensed under the provisions of this section shall adopt and maintain in its bylaws a provision that no transfer of stock is valid or effective unless approved by the City Council and shall require that all of its certificates of stock shall have printed on the face thereof: "The transfer of this stock certificate is invalid unless approved by the City Council for the City of Columbia Heights, Minnesota," and failure to comply with this provision shall be grounds for the revocation of all licenses held by the corporation. The provisions of this section shall not apply to the issuance of any license to a corporation whose stock is traded on a public stock exchange. B. Licenses issued to associations or partnerships shall be valid only as long as there is no change in the partnership or association agreement or in the ownership of said partnership or association unless such change is approved by the City Council, in which event said license shall continue in force until the end of the then current license year. C. Corporation, partnerships or associations shall submit written notice to the City of any such changes described herein on or before thirty (30) days prior to the effective date of any such change, in case of a corporation, the licensee shall submit written notice to the City when a person not listed in the initial application will be acquiring an interest and shall give all information about said person es is required of a person pursuant to the provisions of this section. 5.204(14) DENIALS, SUSPENSION OR REVOCATION. A. It is unlawful for any applicant to make a false statement or omission upon any application form. Any false statement in such application, or any omission to state any information called for on such application form, shall upon discovery of such falsehood, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto, void. Prior issuance is no effect to protect the applicant from prosecution for violation of this section or any part thereof. Page 46 B. The City Council may suspend or revoke a license issued under this section for operation en any premises on which real estate taxes, assessments or other financial claims of the City or of the State are delinquent, or unpaid. C. The City Council may suspend or revoke a license issued under this section upon a finding of a violation of any of the provisions of this section or any State Statute regulating pawnbrokers. Any conviction by the pawnbroker for theft, receiving stolen property or any other crime or violation involving stolen property, damage to or trespass of property, sale efa controlled substance, or the operation of abuisness committed by the applicant or any employee or agent of the applicant shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. D. Except in the case of a suspension pending a hearing on revocation, a revocation er suspension of a license by the City Council shall be preceded by a public hearing. The hearing notice shall be given at least ten (10) days prior to the hearing, include notice of the time and place of the hearing, and shall state the nature of the charges against the licensee. 5.204(15) PENALTIES. Violation of any provision of this section shall be a misdemeanor and, upon conviction thereof, shall be punished according to prevailing State Laws. 5.204(16) SEPARABILITY. Should any section, subdivision, clause or other provision of this section be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the section as a whole or any part other than the part so declared to be invalid. SECTION 6: 5.206 (1) Section 5.206, of Ordinance No. 853, City Code of 1977, pertaining to the '.., Licensinq of Christmas Tree Sales, which currently reads as follows, to wit:" No person shall for consideration, trade, barter or sell at retail any cut evergreen fir, spruce or other tree for use as a decorative Christmas tree without a license issued pursuant to the provisions of this chapter. No person shall be licensed to operate an open sales lot pursuant to this section unless such applicant has first obtained a Conditional Use Permit to operate such a lot. Page 47 5.206 (2) Licenses shall be issued for a period of three months commencing on October 1st of each year, and expiring on December 31st of each year, notwithstanding 5.103 (1) (a) of this Code. 5.206 (3) License applicants under this section shall indicate on the application the method of fireproofing trees that will be utilized, ff any. 5.208 (4) The Council may refer the application to the Chief of the Fire Prevention Bureau for recommendations prior to taking action on the license application. 5.208 (5) Prior to the issuance of a license by the Clerk, the license applicant shall deposit with the Treasurer such sum as is set by resolution of the Council. After January 1st, the Health and Safety Inspector shall inspect the licensed premises to determine whether the premises have been cleaned up, and no public nuisance as defined by this Code, remains on the site. (a) If a public nuisance is present, as determined by the Health and Safety Coordinator, said official shall notify the licensee to have the nuisance abated no later than January 15. (b) After January 15, the City may abate the public nuisance and deduct the cost of abatement from the deposit. (c) On January 31st, the City shall refund the deposit to the licensee, or any remaining part of said deposit, and shall provide a statement of any public expense incurred for the nuisance abatement. 5.206 (6) The Council may waive the licensing requirements of this section where all trees to be sold, traded, or bartered are less than 36" in height and fireproofed in a manner approved by the Chief of the Fire Prevention Bureau. 5.206 (7) Licensees shall post "No Smoking" signs throughout the lot in such places as are designated by the Chief of the Fire Prevention Bureau. Said signs shall be maintained in the designated locations until all trees have been removed from the lot. 5.206 (8) Before a permit is issued, the license applicant must submit a plot plan showing the intended location of trees within the lot. The plan shall provide not less than four feet (4') clearance around the perimeter of the lot and at all points across each aisle. No license shall be granted hereunder unless the said plan is first approved by the Chief of the Fire Prevention Bureau. The licensee shall maintain the lot at all times in accordance with the approved plan. 5.206 (9) Each licensee must have on the licensed premises at all times one (1) properly operating Class ABC fire extinguisher SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 5.206(1) No person shall for consideration, trade, barter or sell at retail any cut evergreen, fir, spruce or other tree for use as a decorative Christmas tree without a license issued pursuant to the provisions of this Chapter. No person shall be licensed to operate an open sales lot pursuant to this section unless such applicant has first obtained a Conditional Use Permit to operate such a lot. 5.206(2) Licenses shall be issued for a period of three months commencing on October 1st of each year and expiring on December 31st of each year, notwithstanding 5.103(1)(a) of this Code. 5.206(3) The City Council may refer the application tc the Chief of the Fire ~ Department for recommendation prior to taking action on the license application. 5.206(4) Prior to the issuance of a license by the Clerk, the license applicant shall deposit with the T~s,;r~r City such sum as is set by resolution of the City Council.-'A+ter Ja,~u~ry ~" The Health and Safety Inspector shall inspect the licensed premises to determine whether the premises have been cleaned up and no public nuisance, as defined by this Code, remains on the site. (a) If a public nuisance is present, as determined by the Health and Safety Inspector, said official shall notify the licensee to have the nuisance abated no later than J~r,,~ry'; $ December 31. (b) After j,~r, ur. ry ~.5 December 31, the City may abate the public nuisance and deduct the cost of abatement from the deposit. (c) On j~,~ary 3~ January 15, the City shall refund the deposit to the licensee, or any remaining part of said deposit, and shall provide a statement of any public expense incurred for the nuisance abatement. Page 49 5.206(5) 5.208(6) 5.206(7) Licensees shall post "No Smoking" signs throughout the lot in such places as are designated by the Chief of the Fire ~Departmont. Said signs shall be maintained in the designated locations until all trees have been removed from the lot. Before a Conditional Use Permit is issued, the license applicant must submit a site/plot plan showing the intended location of trees within the lot. The plan shall provide not less than four (4) feat clearance around the perimeter of the lot and at all points across each aisle. No license shall be granted hereunder unless the said plan is first approved by the Chief of the Fire ~ Department. The licensee shall maintain the lot at all times in accordance with the approved site plan. Each licensee must have on the licensed premises at alt times one (1) properly operating Class ABC fire extinguisher. SECTION 7: 5.207 (1) 5.207 (2) 5.207 (3) 5.207 (4) Section 5.207, of Ordinance No. 853, City Code of 1977, pertaining to the Licensing of Motor Vehicle Sales, which currently reads as follows, to wit: No person shall engage in or conduct business as a dealer in new or used motor vehicles in the City without a license issued pursuant to the provisions of this chapter. For purposes of this section, motor vehicle shall include automobiles, motorcycles, snowmobiles and trucks. No licensee under this section shall store any motor vehicles on any public street in the City. Every licensee under this section shall be governed by the following regulations relating to consumer transactions: (a) Each licensee or his agent or employee, shall at the time of any sale give to the purchaser of a motor vehicle a written statement signed by the licensee or his salesman or agent, showing the name of the licensee and his address, the name of the person making the sale, the date of the sale, the license number, if available, and the serial number of such motor vehicle, the purchase price, and whether in cash or on credit terms. 5.207 (5) If any licensee shall knowingly sell a motor vehicle which is subject to a mortgage, lien or payments, the licensee shall state in writing to the purchaser the amount of such mortgage, lien or payments, and the name and address of the holder or owner of such a mortgage, lien or other indebtedness. (b) Each licensee or his agent or employee who sells e motor vehicle directly or indirectly on credit shall disclose to the person purchasing such motor vehicle all charges payable directly or indirectly by the person to whom the credit is extended including the interest, time price differential, or 8ny amount payable under a system of additional charges, any service charge, loan fee, finders fee, commission, rebate or similar charge; any identification or credit report fee or any premium or other charge for life, accident, health or other insurance, including commission or rebate. (c) No licensee or his agent or employee shall obtain the signature of a purchaser to any blank contract, bill of sate, or other writing or memorandum relating to the sale of motor vehicles. (d) No licensee or his agent or employee shall sell a used motor vehicle intended for use upon the public highways without first certifying in writing that said used motor vehicle complies with the requirements of Minnesota Statutes, Chapter 169. (el Ne licensee or his agent or employee shall change, set back, disconnect, or fail to connect any odometer of any used meter vehicle for the purpose of affecting the sale of such used motor vehicle, unless the odometer reading has been turned back to zero. (fl The licensee or his agent or employee shall furnish upon request from a prospective purchaser, the name of the previous owner of any used motor vehicle offered for sale. (gl The licensee or his agent or employee shall sell only motor vehicles for which the licensee has registered title. The licensee or his agent or employee shall not transfer title of any motor vehicle from any seller directly to any purchaser. (h) No licensee or his agent or employee shall, subsequent to the time of sale, substitute any part of a motor vehicle without the approval of the purchaser. The Council may revoke, suspend, or take such other action to restrict the privileges of the licensee as it may determine upon a showing that the licensee or his agent or employees knowingly violated any provision of this section. Page 51 SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 5.207(1) No person shall engage in or conduct business as a dealer in new or used motor vehicles in the City without a license issued pursuant to the provisions of this Chapter. 5.207(2) (a) For purposes of this section, motor vehicles shell include but not necessarily be limited to automobiles, trucks, motorcycles, snowmobiles, jet skis, boats, all terrain vehicles, or other similar vehicle(s) propelled by a motor and/or any vehicles requiring a State issued license. (b) For purposes of this section, the term" Dealer" shall be applied to any person engaged in the business of selling, exchanging or otherwise disposing of, displaying, advertising or offering for sale, new or used motor vehicles as a principal business or occupation, or as an adjunct to or incidental to any other business or profession. 5.207(3) The application for a license shall be made in writing, signed and verified by the applicant on forms provided by the City. The application shall state the full legal name, residence and age of the applicant, drivers license and social security numbers; if a partnership, the full legal names of all partners; if a corporation, the full legal names of ali the officers thereof. The application shall ~tate the business and residence addresses of all applicants for a period of five (5) years prior to the date of application; whether the applicant is the sole owner of the business to be conducted; and shall state that no other persons than those named in the application have any interest in the management and control of such business. 5.207(4) No licensee under this section shall store any motor vehicles on any public street in the City. 5.207(5) Every licensee under this section shall be governed by the following regulations relating to consumer transactions: (a) Each licensee or his agent or employee, shall at the time of any sale give to the purchaser of a motor vehicle a written statement signed by the licensee or his salesman or agent, showing the name of the licensee and his address, the name of the person making the sale, the date of the sale, the license number, if available, and the serial number of such motor vehicle, the purchase price, and whether in cash or on credit terms. Page 52 (h) Each licensee or his agent or employee, who sells a motor vehicle must be in compliance with all State and Federal regulations. (c) The licensee or his agent or employee shall furnish upon request from a prospective purchaser, the name of the previous owner(s) of any used motor vehicle offered for sate. 5.207(6) The provisions of this Section shall apply to all sales whether or not the motor vehicle sold or advertised for sale is owned by the licensee, or whether such licensee is acting as an agent or consignee for the owner. 5.207(7) The City Council may revoke, suspend, or take such other action to restrict the privileges of the licensee as it may determine upon showing that the licensee or his agent or employees knowingly violated any provision of this section or any State or Federal law(s). SECTION 8: Section 5.208, of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Gasoline Stations, which currently reads as follows, to wit: 5.208 (1) No person shall engage in or conduct the business of operating a gasoline filling station without a license issued pursuant to the provisions of this Chapter. 5.208 (2) Applicants for a license under this section shall indicate on the application the number of gasoline pumps to be installed on the premises. 5.208 (3) The Clerk shall forward the application to the Chief of Fire Prevention Bureau for a report indicating whether the proposed operation will be in compliance with all provisions of the Fire Prevention Code. 5.208 (4) No licensee under this section or his agent or employee shall fill or allow to be filled, the gasoline tank of any motor vehicle while the engine or motor of such vehicle is running or in motion, or while any person is smoking in or about the pump area of the gasoline filling station. 5.208 (5) No licensee under this section or his agent or employee shall deceptively mislead customers by displaying false or incomplete price figures on signs that are designed to indicate the price of gasoline. .SHALL HEREAFTER BE REPEALED. SECTION 9: 5.209 (1) Section 5.209, of Ordinance No. 853, City Code of 1977, pertaining to the Licensinq nf L.P. Gas Service Stations, which currently reads as follows, to wit: An LP-GAS Service Station is a facility opened to the public which consists of LP- GAS storage containers, piping and pertinent equipment, including pumps or 5.209 (2) 5.209 (3) 5.209 (4) 5.209 (5) 5.209 (8) dispensing devices, or any buildings, and in which LP-GAS is stored and dispensed into engine fuel containers of highway vehicles or into portable or permanently mounted containers used for cooking or heating. No person, firm, or corporation shall sell, dispense, or distribute LP-GAS at an LP-GAS Service Station to the public without a license issued pursuant to the provisions of this chapter. Applicants for a license under this section shall provide such information on the application pertaining to the requirements of this section as is requested by the Administrative Service. The Clerk shall forward the application to the Chief of the Fire Prevention Bureau for a report indicating whether or not the proposed operation will be in compliance with all the provisions of the Fire Prevention Code and this section. No license may be issued for any LP-GAS Service Station unless the storage containers, piping and pertinent equipment, including pumps and dispensing devices used in such LP-GAS Service Station are in good working order and of adequate structural integrity. The licensee shall maintain the licensed storage containers, piping, and pertinent equipment, including pumps and dispensing devices in proper working order and shall maintain the same in a condition of adequate structural integrity at all times. No license may be issued for any LP-GAS Service Station in which LP-GAS is stored or dispensed at a point within fifty feet (50') of any dwelling structure, within twenty-five feet (25') of any structure other than an accessory structure, or within twenty-five (25') of the traveled portion of any state highway. No person shall sell, dispense, or distribute LP-GAS within fifty feet (50') of any dwelling structure, within twenty.five feet {25') of any structure other than an accessory structure or within twenty-five feet (25') of the traveled portion of any state highway. No license may be issued for any LP-GAS service station unless the applicant has met all of the following criteria, to-wit: (i) The applicant must have filed with the City Fire Department a plan for training ,'"' licensee's employees in the proper handling and dispensing of IP-GAS and in the , use of the LP-GAS equipment and installation, and applicant must have received the approval of the Fire Department of said plan; (ii) Applicant must have filed evidence with the Fire Department that all employees who will be handling or dispensing the LP-GAS or using the LP-GAS equipment and installation have passed the training course described and approved in Section 5.209 (6) (i) along with a certification identifying each person who has passed the said training course; Page 55 5.209 (7) 5.209 (8) 5.209 (9) 5.209 (1 O) 5.209 (11) (iii) Applicant must have filed a list with the Fire Department of all employees employed at the facility where LP-GAS is sold, distributed, or dispensed along with a plan to assure that non-certified employees will not sell, dispense, distribute or handle LP-GAS or use LP-GAS equipment at such installation; and (iv) Applicant must have received the approval of the City Fire Department of the training plan required by Section 5.209 (6)(i), approval of the City Fire Department of the evidence that employees have been adequately trained pursuant to Section 5.209 (6)(ii), and the approval of the City Fire Department of the sufficiency of the plan filed pursuant to Section 5.209 (§)(iii). Within ten days of hiring an employee not listed in Section 5.209 (6), the licensee shall file with the Fire Department a certificate stating whether or not such employee has received training in accordance with the criteria established in Section 5.209 (6)(i). No licensee shall allow or permit any employee to handle, dispense, or distribute LP-GAS or use the LP-GAS installation until such time as the Fire Department has approved the certificate required by this section on behalf of such employee. No licensee shall allow or permit any person not trained and approved pursuant to Section 5.209 (8) to handle, distribute, or dispense LP-GAS or use the LP-GAS installation. No person shall sell, distribute, or dispense LP-GAS or use the LP.GAS installation unless first trained and certified pursuant to Section 5.209 (8). The City Fire Department, with the approval of the City Manager, may promulgate rules to determine the adequacy of employee training plans and employee training in the handling, distribution, and dispensing of LP-GAS and the use of LP-GAS installations. No person may dispense, distribute, or handle LP-GAS or use an LP-GAS installation without wearing protective handwear of the type approved by the City Fire Department. In considering whether or not to grant a license, the Council may also consider the past safety practices of the licensee in regard to all matters of the subject location e well as the safety practices of the licensee with regard to flammable and volatile materials. The license fee far an LP-GAS Service Station shall be set by resolution of the Councit. SHALL HEREAFTER BE AMENDED AND RENAMED AND SHALL READ AS FOLLOWS: Page 58 MOTOR VEHICLE FUEL DISPENSING STATIONR 5.209(1) No person, firm or corporation shall engage in or conduct the business of operating a motor vehicle fuel dispensing station without a licensed issued pursuant to the provisions of this Chapter. A motor vehicle fuel dispensing station is a facility opened to the public which consists of gasoline, compressed natural gas (CNG) or LP Gas storage containers, piping and pertinent equipment, including pumps or dispensing devices, or any buildings in which LP gas is stored and dispensed into engine fuel containers of highway vehicles or into portable or permanently mounted containers used for cooking or heating. No person, firm or corporation shall sell, dispense, or distribute motor vehicle fuel, compressed natural gas or LP fuel at a motor vehicle fuel dispensing service station to the public without a license issued pursuant to the provisions of this chapter. 5.209(2) Applicants for a license under this section shall provide such information on the application pertaining to the requirements of this section as is requested by the License Clerk including, but not limited, to the number, type and location of dispensers to be installed and/or operated on the premises. 5.209(3) The Clerk shall forward the application to the Chief of the Fire P~e'rrth~'ee~ Department for a report indicating whether or not the proposed operation will be in compliance with alt the provisions cf the current Fire Code and this section. Page 57 till/ [iv/ ililLillil I,l~ii Mayo Ul IIIIII1~ ~-I I~tllJ.tlU~/l~l; ~-I~ II~LI;u J~ gG~LlUii U.4U~U/~ ~ IIg~ll~ ...... LP gas ................................................. ~o ' ...... 5.209(4) 5.209(5)ff9) 5.209(6) 5.209(7) No person may dispense, distribute, or handle LP gas or use an LP gas installation without wearing protective handwear of the type approved by the City Fire Department. In considering whether or not to grant e license, the City Council may also consider the past safety practices of the licensee in regard to all matters of the subject location as well as the safety practices of the licensee with regard to flammable and volatile materials. No licensee under this section, or his agent or employees, shall fill or allow to be filled, the gasoline tank of any motor vehicle while the engine or motor of such vehicle is running or in motion, or while any person is smoking in or about the pump area ef the motor vehicle fuel dispensing station. No licensee under this section, or his agent or employee shall deceptively mislead customers by displaying false or incomplete price figures on signs that are designed to indicate the price of gasoline. CHAPTER 5 ARTICLE 4 SECTION 4: 5.404 (1) 5.4O4 (2) 5.404 (3) Section 5.404, of Ordinance No. 853, City Code of 1977, pertaining to the Licensing of Game of Skill, which currently reads as follows, to wit: No person shall possess, keep permit, or maintain any "game of skill" as hereinafter defined, on any premises used for a business or commercial activity without a license issued pursuant to the provisions of this chapter. For purposes of this section, the term "a game of skill" shall be defined as any device played by manipulating special equipment by hand or mechanically, and propelling balls, figures, or numbers across a board or field into respective positions, the object of which is to secure a special number or numbers of high total score, or to place the figures or numbers in special positions, and said game may be played by the public generally at a price paid either directly or indirectly. Applications under this section shall include a statement of: (a) The name, number, and description of the game or particular piece of equipment Page 59 5.404 (4) 5.404 (5) 5.4O4 (6) to be licensed, the fee for playing the game, and the place where the game will be located. (b) The name and address of the owner of the game if other than the licensee. (c) The nature of any other business or commercial activity conducted at the proposed place of operation of "games of skill." A separate license shall be required for each machine. The location of all machines operated by the same licensee may be interchanged without application therefore, provided that a notice of change of location is filed with the Clerk. No "game of skill" licensed under this section shall be located within one hundred feet of any school building or church. No licensee or his agent or employee shall permit any person or persons to use a "game of skill" licensed under this section as a gambling device. SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 5.404(1) No person shall possess, keep, permit, or maintain any "game of skill" as hereinafter defined, on any premises used for a business or commercial activity without a license issued pursuant to the provisions of this chapter. 5.404(2) For purposes of this section, the term "a game of skill" shall be defined as any device played by manipulating special equipment by hand or mechanically ~ be played by the public generally at a price paid e~her directly or indirectly. 5.404(3) Applications under this section shall include a statement of: a) The name, number, and description of the game or particular piece of equipment to be licensed. ',,,~ ................... ,oo ,-, v,o~,,,u ,,,~ Oar, e, b) The name and address of the owner of the game if other than the licensee. c) The nature of any other business or commercial activity conducted at the proposed place of operation of "games of skill". Page 60 5.404(4) 5.404(5) 5.404(6) 5.4o4r/) 5.404(8) A separate license shall be required for each machine. The location of alt machines operated by the same licensee may be interchanged without application therefore, provided that a notice of change of location is filed with the Clerk. No "game of skill" licensed under ihis section shall be located within one hundred feet of any school building or church. No licensee or his agent or employee shall permit any person or persons to use a "game of skill" licensed under this section as a gambling device. No more than eight (8) "games of akill" shall be allowed at any one site or place of business. Nine or more "games of skill" ahall be considered an arcade under Section 5.411 of this Ordinance. EXEMPTIONS. A)."Games of skill" used in coniunction with an event not exceeding a term of five days and no more than one event per year. SECTION 8: 5.408 (1) 5.408 (2) 5.408 (3) 5.408 (4) Section 5.408, of Ordinance No. 853, City Code of 1977, pertaining to the Licensing of Carnivals, which currently reads as follows, to wit: No person shall engage in the business of operating a carnival, as defined herein, without a license issued pursuant to the provisions of this chapter. For purposes of this section, a carnival shall be defined as an aggregation of attractions, shows, acts, games, vending devices, or amusement devices, temporarily set up or conducted in a public place or on private premises accessible to the public, with or without an admission fee, for the attraction and enjoyment of the public. Notwithstanding the provisions of this section, no itinerant carnival shall be allowed within the City which is prohibited by Minnesota Statutes 624.65. The Council shall require the posting of a bond or proof of a policy of liability insurance in the sum of not less than t250,000.00 for injury to one person and not less than $500,000.00 for one accident prior to the issuance of a license under this section. Said policy shall be written by an insurance company authorized to do business in the State of Minnesota. Page 61 5.408 (5) Any carnival licensed hereunder shall deposit with the City the sum of ~500.00 before such carnival may locate upon City property. Upon said carnival vacating the City property, the deposit shall be refunded less the cost of cleaning or repairs incurred by the City in restoring the property to its former condition. SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 5.408(1) No person shall engage in the business of operating a carnival, as defined herein, without a license issued pursuant to the provisions of this chapter. 5.408(2) For purposes of this section, a carnival shall be defined as an aggregation of attractions, shows, acts, games, vending devices, or amusement devices, temporarily set up or conducted in a public place or on private premises accessible to the public, with or without an admission fee, for the attraction and enjoyment of the public. 5.408(3) Notwithstanding the provisions of this section, no itinerant carnival shall be allowed within the City which is prohibited by Minnesota Statutes 624.65. 5.408(4) The City Council shall require the posting of a bond or proof of an insurance policy of liability insurance in the sum of not less than ~,2SO,OOO $500,000 for injury to one person and not less than ~SOO,CO0 $1,000,000 for one accident prior to the issuance of a license under this section. Said policy shall be written by an insurance company authorized to do business in the State of Minnesota. The City of Columbia Heights shall be named as an additional insured if the event is en City property, 5.408(5) Any carnival licensed hereunder shall deposit with the City the sum of 8500.00 before such carnival may locate upon City property. Upon said carnival vacating the City property, the deposit shall be refunded less the cost of cleaning or repairs incurred by the City in restoring the property to its former condition. SECTION 11: 5.411 (1) Section 5.411, of Ordinance No. 853, City Code of 1977, pertaining to the Licensinq of ArcadeslAmusement Centers, which currently reads as follows, to wit: No person shall operate an arcade without first paying a license fee and obtaining and having a current license as herein provided. The license required under this section shall be in addition to any license or licenses required to be obtained under any other provision of this Code. Page 62 5.411 (2) For the purpose of this section, the term "arcade" shall mean any building, structure or tract of land which has at least one use or activity the providing of any of the following or any combination of any of the following amusements: (a) Billiard, pool, foosball, air hockey or pigeon hole tables: (b) Pinball machines (c) Shooting gallery machines (d) Any electric or electronic device or game patterned after table tennis, hockey, and similar games, including electric rifle or gun rangers (e) Any oi',her mechanical or electrical device which is designed to be played by a contestant or contestants and upon which the contestants receive a score or rating based upon their performance which building, structure or tract of land contains nine or more such amusement tables, machines or devices, hereinafter referred to as "devices" or any combination thereof, shall b~9 defined as an "arcade" (f) Such devices shall be kept at all times within a building which conforms to the City of Columbia Heights' Building Code and Zoning Ordinance and which is the primary buildin~,l on the lot. (g) If the devices are kept within a separate room within a conforming building, or in a separate co~3forming building connected by an opening to another building, such separate room or separate building must be adjacent to and directly connected to the remaining portions of the building or separate building as the case may be by an opening not less than ten feet (10') in height as measured from the floor to the top of the opening and not less than ten feet (10') in width. (h) If the building in which such devices are kept is connected to a separate building as referred to in paragraph 5.411(2)(g), such connected separate building shall conform to the City of Columbia Heights Building Code and Zoning Ordinance for use as an arcade except that no additional automobile parking or bicycle parking racks as provided by paragraph 5.411(7)(e) shall be required for the separate building unless the separate building is also used as an arcade or unless otherwise required by state or local law. Page 63 5.411 (3) (i) Notwithstanding anything in this section to the contrary, any building, structure, or portion thereof, the primary use or activity of which is the providing of the amusements referred to herein by the use of nine or more of the devices or any combination thereof, as referred to herein shall be defined as an "arcade". (j) Notwithstanding anything in this section to the contrary, any room of portion of a building, the primary use or activity of such room or portion of such building is the providing of the amusements referred to herein by the use of nine or more of the devices, or any combination thereof as referred to herein, shall be defined as an "arcade" if such room or such portion of such building is accessible to the public by a separate entrance in addition to the entrance from the remainder of the building. (k) Notwithstanding anything in this section to the contrary, any room or portion of a building, the primary use or activity of such room or portion of such building is the providing of the amusements referred to herein by the use of nine or more of the devices, or any combination thereof as referred to herein, shall be defined as an "arcade" if such room or such portion of such building is accessible to the public by a separate entrance other than an entrance from the remainder of the building. Any person desiring to operate an arcade or to renew his license to conduct such activity shall file with the Clerk an application on forms provided by the Clerk for that purpose. The application form shall contain the following, together with any other information which the City Manager may require: (a) Name and address of applicant; (b) Address of the proposed arcade and a diagram of the proposed floor plan of the premises; (c) (d) The name and address of all persons owning or having an interest in the licensed premises and in the proposed business. In the case of a corporation, this shall include the names and addresses of the officers and directors of the corporation and all shareholders who own alone or, in conjunction with their spouse or children, more than 10% of the issued shares of corporate stock; If the licensed business is owned by a corporation, a copy of the certificate of incorporation, articles of incorporation and by-laws of the corporation; (e) The name and address of the manager or managers who will supervise the licensed activity; Page 64 5.411 (4) 5.411 (5) 5.411 (6) (f) Whether any of the persons listed in paragraphs (a), (c), or (e) of this subdivision have been engaged in the business of operating an arcade in the last five years; (g) Whether any of the persons listed in paragraphs (a), (c), or (e) of this subdivision have been convicted of a crime or have had an application for an arcade license denied, revoked or suspended within the last five years; (h) The applicant's plan of security for the licensed premises. The license fee shall be for the calendar year and must accompany the license application. The license fee shall be set by annual resolution of the Council which may set a higher fee for the first year than for license renewals. All applications for licenses shall be referred to the Chief of Police and to such other persons on the City staff as the City Manager shall deem necessary for investigation and recommendation. The persons to whom an application has been referred shall make their report and recommendations in writing. Upon receipt of the written reports and recommendations, the City Manager shall cause to be published in the official newspaper, at least 10 days in advance, a notice of public hearing to be held by the City Council setting forth the day, time and place when the hearing will be held, the name of the applicant and the location where the business is to be conducted. The application, together with the City Manager's recommendation, shall be submitted to the City Council at the hearing. After the hearing, the Council may grant or deny the license. In granting the license, the Council may impose special conditions if it deems such conditions to be necessary because of particular circumstances related to the application. Existence of any of the following conditions shall render the applicant ineligible for a license, to-wit: (a) If the applicant or the manager of the licensed business is: (i) under 21 years of age; (ii) an alien; (iii) a foreign corporation; (b) If the applicant, manager, or persons owning the licensed activity: (i) is not a person of good moral character and repute; Page 65 5.411 (7) (ii) has been convicted of an offense which relates to the conduct of the licensed business (c) Has operated a similar business elsewhere which operation did not substantially comply with the provisions of this section relating to the manner in which the business is conducted; (d) Has been denied a license to conduct a like or similar activity or has had such license suspended, revoked or canceled. Issuance and retention of licenses shall be subject to each of the following conditions, to-wit: (a) Only premises which are within commercial districts of the City may be licensed. An arcade that is a primary use of the parcel on which it is located may not be within one hundred fifty feet (150') of any residential district or within three hundred feet (300') of any school or church. (b) No premises may be licensed unless sufficient visibility exists from outside the entrance to the premises for a person of average stature to visually survey the entire premises and all possible locations of patrons therein. (c) The consumption of alcoholic beverages, whether classified as intoxicating or non.intoxicating, or the use of any controlled substance upon any part of the licensed premises is prohibited. (d) No person under the age of 17 years shall be permitted to remain on any part of the licensed premises after 10:00 o'clock p.m. unless accompanied by his parent or legal guardian. (e) No person under the age of 14 years shall be permitted to enter or remain upon any part of the licensed premises unless accompanied by his parent or legal guardian. -,., (f) Adequate off street parking for automobiles must be provided in compliance with the current City Code requirements. Additionally, the licensee shall provide bicycle racks for at least twenty (20) bicycles which shall not be substituted for required auto mobile parking. (g) The licensed premises shall fully comply with all applicable State and local regulations dealing with health, zoning and building requirements. (h) The licensee shall be responsible for maintaining order on all parts of the licensed premises. 5.411 (8) (i) Only amusements with a current valid Columbia Heights license sticker attached may be offered for use or kept on the licensed premises. (j) No wagering or betting for a consideration or any other gambling shall be permitted on the licensed premises. (k) The licensed activity shall be conducted in such a manner and located in such a place so as not to be likely to result in injury or damage to persons or property in the neighborhood or injurious, annoying or disruptive to patrons of other businesses located in the area. Sound emitted at any point of the perimeter of the licensed premises may not exceed the sound allowed at any lot line in accordance with Section 9.117(9) of this code. (I) The applicant or manager designated in the license application shall be present on the premises during all times the premises are open. No new manager may be placed in supervision of the premises until he has been approved by the City Council. (m) A uniformed Columbia Heights peace officer shall be present on the premises during all times that the premises are open. No peace officer shall be required to serve on the premises except with the approval of the Chief of Police and only when the licensee has paid in advance for such service. (n) The consumption of food and beverages upon any part of the licensed premises is prohibited. (o) The smoking of cigarettes, cigars, pipes, or tobacco in any form upon any part of the licensed premises is prohibited. (p) If the arcade is an accessory use of the property on which it is located, the arcade may not be open for business at times when the primary use of the property is not also open for business. (q) If the arcade is an accessory use of the parcel on which it is located, any and all entrances to the arcade must be directly through the primary use area of the parcel, and no arcade may be directly accessible to patrons without passing through such oth~.r use. Notwithstanding the foregoing, the arcade area may have a fire door that will permit patrons to exit only in times of emergency. At the time of filing an application for license under this section, the applicant shall file a bond with a corporate surety with the City Clerk in the amount of $5,000.00 Alternatively, the applicant may file a cash bond in the same amount. All such bonds shall be kept in full force and effect throughout the license period and shall be conditioned as follows: Pa~e 67 5.411 (9) (a) The licensee shall obey the laws relating to the licensed business. (b) The licensee shall pay to the City when due all taxes, license fees, penalties and other charges provided by law. (c) In the event of violation of any law relating to the business for which the license has been granted, the bond shall be forfeited to the City. 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 oral turpitude. (d) Conviction of an offense involving moral turpitude by any court of competent jurisdiction. (e) Failure to comply with any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 5.411(1) No person shall operate an arcade/amusement center without first paying a license fee and obtaining and having a current license as herein provided. The license required under this section shall be in addition to any license or licenses required to be obtained under any other provision of this Code. 5.411(2) DEFINITIONS. (A) For the purpose of this section, the term "arcade" or ,~,;y b~',',f,h-,g, stenotype o, ~lI ~llllalLlt JJUUI,, IUU~Uall,. all IIUI,.,I%I~ o r Page 6~ I-I 1.1 uml~u,, olio. u~ uol.l~u &~ a. aluQu~ "amusement center" shall mean any room, place or space available for public patronage, operated as a business, which utilizes in its operation nine (9) or more games of skill/amusement devices, including, but not limited to, pool tables, billiard tables, table tennis tables, foosball tables, pinball machines, or any mechanical or electronic amusement device, and which derives its principal source of revenue from the use and operation of such equipment and games (devices). An arcade or amusement center as defined in this section shall not include bowling alleys. (B) For the purpose of this section, the term "amusement device" shall mean any device played by manipulating a game of skill or chance electronically or mechanically, and said game may be played by the public generally at a price paid either directly or indirectly. (C) Such devices shall be kept at all times within a building which conforms to the City of Columbia Heights Zoning Ordinance and Building Code and which is the primary building on the Int. 5.411(3) Any person desiring to operate an arcade/amusement center or to renew his license to conduct such activity shall file with the License Clerk an application on forms provided by the City for that purpose. The application form shall contain the following, together with any other information which the City ~ may require: (A) Full name, residence and business address, and date of birth of applicant. (B) Address of the proposed arcade/amusement center location and a diagram of the proposed floor plan of the premises indicating the number and types of devices to be used and the sanitary facilities to be provided. (C) The full name, residence and business address, and date of birth of all persons owning or having an interest in the licensed premises and in the proposed business. In the case of a corporation, this shall include the full names, residence and business addresses, and date of birth of the officers and directors of the corporation and all shareholders who own alone or in conjunction with their spouse or children more than 10% of the issued shares of corporate stock. Page 70 (D) If the licensed business is owned by a corporation, a copy of the certificate of incorporation, articles of incorporation and bylaws of the corporation shall be submitted with the application. (E) The full name and residence address of the manager(s) who will supervise the licensed activity. (F) Whether any of the persons listed in paragraphs (A), (C) or (E) of this section have been engaged in the business of operating an arcade or amusement center in the last five years. (G) Whether any of the persons listed in paragraphs (A), (C), or (E) of this section have been convicted of a crime or have had an application for an arcade/amusement center license denied, revoked or suspended within the last five years. (H) The applicant's plan of security for the licensed premises. (I) The hours of operation. 5.411 (4) The license fee shall be for the calendar year and must accompany the license application. The license fee shalt be set by annual resolution of the City Council. 5.411(5) All applications for licenses under this section shall be referred to the Chief of Police and to such other persons on City Staff as shall be deemed necessary for investigation and recommendation. The persons to whom an application has been referred shall make their report and recommendations in writing. The application shall be submitted to the City Council for review. The City Council may grant or deny the license, in granting the license, the City Council may impose special conditions if it deems such conditions to be necessary because of particular circumstances related to the application. Page 7~ 5.411(6) Existence of any of the following conditions shall render the applicant ineligible for a license, to wit: (A) If the applicant or the manager of the licensed business is: i) under 21 year of age; ii) an alien; iii) a foreign corporation (B) If the applicant, manager, or persons owning the licensed activity has been convicted of an offense which relates to the conduct of the licensed business. (C) If the applicant, manager or persons owning the licensed activity have been denied a license to conduct a like or similar activity or has had such license suspended, revoked or canceled. 5.411(7) Issuance and retention of licenses shall be subject to each of the following conditions, to-wit: (A) Only premises which are within commercial districts of the city may be licensed. An arcade/amusement center that is a primary use of the parcel on which it is located may not be within one hundred fifty (150) feet of any residential district or within three hundred (300) feet of any school or church; (B) No premises may be licensed unless sufficient visibility exists from outside the entrance to the premises for a person of average stature to visually survey the entire premises and all possible locations of patrons therein; Page 72 (C) The consumption of alcoholic beverages, whether classified as intoxicating or non-intoxicating, or the use of any controlled substance upon any part of the licensed premises is prohibited; D) The licensee and his employees and agents shall adhere to the provisions of the City Code relating to minors. No licensee, nor his employees or agents, shall knowingly permit a minor to be present on the premises in violation of curfew laws, nor knowingly permit a person under the age of 17 years to be present on the premises when school is in session unless on a valid excused absence. Curfew law must be posted on site in a conspicuous place about the business. (E) No person under the age of 14 years shall be permitted to enter or remain upon any part of the licensed premises unless accompanied by his or her parent or legal guardian. (F) Adequate off street parking for automobiles must be provided in compliance with the current City Zoning Ordinance requirements." ....................... (G) The licensed premises shall fully comply with all applicable State and local regulations dealing with health, zoning, building and fire requirements and that the place to be licensed will not become a public nuisance or detrimental to public safety, morals or welfare. The building or fire inspector may enter said premises at any time during normal business hours, for the purpose of inspecting aaid premises for fire or building code hazards. All law enforcement personnel of the City of Columbia Heights shall have the right to enter said premises at any time during normal business hours, for the purpose of enforcement of the terms of this section. (H) The licensee shall be responsible for maintaining order on all parts of the licensed premises. (I) Only amusements with a current, valid Columbia Heights license may be offered for use or kept on the licensed premises. (J) No wagering or betting for a consideration or any other gambling shall be permitted on the licensed premises. Page 73 (K) The applicant or manager, 21 years or elder, and as designated in the license application shall be present on the premises during all times the premises are open. No new manager may be placed in supervision of the premises until he has been approved by the City Council. (L) No amusement devices shall be operated between the hours of 12:00 midnight and 7:00 a.m. JJI UIIIUI LGU, hot ............ ' 5.411(8) lll~ ~al~l~ ~11~ I1~ ~[G~ ~1~ U~ UIIGbLtt Obg~OOIUl~ ~ ~[~1~ ._.tfilLiiUUL ...... ~ ~1 LIIIUU~II OUbll ULII~I At the time of filing an application for license under this section, the applicant shall 'file a bond with a corporate surety with the Oity License Olerk in the amount of ~B,O00 O0 " ......................................... ' All such bonds sh~ll be kept in full force 8n~ effect throughout the license period and shall be conditioned ns follows: (A) The licensee shall obey the laws relating to the licensed business. Page 74 5.411(9) (B) The licensee shall pay to the City when due all taxes, license fees, penalties and any other charges provided by taw. (C) In the event of violation of any law relating to the business for which the licensee has been granted, the bond may be forfeited to the City upon a public hearing and consideration by the City Council. The license may be revoked or suspended in accordance with this section 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. .............. of ............. ' ..................... b ............. ~, (B) Has violated any Minnesota State Statutes. (C) 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. CHAPTER 5 ARTICLE VI SECTION 3: 5.603 (1) 5.603 (2) 8action 5.603, of Ordinance No. 853, City Code of 1977, pertaining to the licensinq of Taxicabs, which currently reads as follows, to wit: No person shall engage in or operate a taxicab business and pick up persons for hire in the course of such business within the City limits, without a license for each vehicle to be utilized in such business, issued pursuant to the provisions of this chapter. For purposes of this section, the following words shall have the meanings ascribed to them: (a) "Taxicab" shall mean any motor vehicle engaged in the carrying of persons for hire, either over a fixed route, operated from a street stand, subject to calls from Page 75 5.603 (3) 5.603 (4) a garage, or otherwise operated for hire; but the term shall not include vehicles subject to control and regulation by the State Railroad and Warehouse Commission, the Metropolitan Transit Commission, or vehicles regularly used by undertakers. (b) "Street" shall mean and include any street, alley, avenue, court, bridge, lane or public place in the City. (c) "Operator" shall mean any person who drives a taxicab, whether such person be the owner of such taxicab or an employee of said owner. (d) "Owner" shall mean any person owning or having control of the use of one or more taxicabs for use in a taxicab business that is required to be licensed under this section, whether or not said owner is a taxicab operator. (e) "Taxicab Stand" shall mean any public place which is exclusively reserved by authority of the City for the use of taxicabs. (f) "Taximeter" shall mean any mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, either by distance traveled or waiting time or both, and upon which such charge shall be indicated by figures. Application for an owner license under this section shall state the total number of taxicabs to be licensed by the same owner and provide the following information with respect to each vehicle: (a) The passenger carrying capacity of each taxicab, (b) The make, model, year, serial number, and state license number of each taxicab, (c) The total mileage of each vehicle, together with a general descriptive statement of the condition of the vehicle and any mechanical or equipment deficiencies, (d) and the title owner of each taxicab. If said owner is not the same person as the applicant, a statement shall be provided describing any contractual relationship between the title owner of the taxicab and the applicant. Based upon the facts provided in the license application, the Council may direct that the Chief of Police conduct a safety inspection of any vehicle to determine whether it is safe for the transportation of passengers. (a) The Council may authorize the Police Department to contract for the services of an automotive garage to conduct such inspection. Page 7B 5.603 (5) (b) A report of the inspection shall be made to the Council within ten days. The report shall note any vehicle or equipment deficiencies that would render a vehicle unsafe for the transportation of passengers. The Chief of Police may make recommendations as are appropriate. The Council may approve a vehicle license application if the public convenience and good order will be served thereby and the licensed vehicle is determined to be in safe and operable condition. All such licensed vehicles shall be subject to the following conditions: (a) A City license tag shall be fastened and displayed upon each and every taxicab so licensed, so that said license will be plainly visible at all times. Said license tag shall bear the license number of the taxicab and describe the make, model and year of the licensed vehicle. (b) Every taxicab licensed under this section shall have some designation of the character of the vehicle painted in plain visible letters on each side thereof. (c) A card printed in plain legible letters shall be displayed inside each taxicab and shall indicate the City license number, the maximum rates that are to be charges, the name of the operator; together with a statement that articles lost in the taxicab will be forwarded to the City Clerk's office, where they may be identified and claimed, and the statement "Ask the Driver for Bill and Receipt" in bold type. (d) Every taxicab shall be equipped with a taximeter that is approved by the Council. Each taximeter shall be sealed with case and gear intact, and shall be semiannually certified and checked for accuracy and working condition by an agency qualified to perform such service and designated by the Chief of Police. Each taximeter shall be kept in plain view of the passenger and shall be maintained in good and accurate working order at all times. (e) Rates charges by taxicabs licensed under this section for conveyance in this City shall be fixed by annual Resolution of the Council. Upon request therefore, every passenger shall be given a receipt upon payment of his fare. (f) When in operation, licensed taxicabs not carrying passengers shall be parked at stands designated for that purpose from time to time by Resolution of the Council. Said Resolution shall also designate the number of taxicabs which may be stationed at any such stand. (g) Before a license shall be issued for any vehicle, the license applicant shall present proof to the Clerk of an insurance policy with an insurance company duly Page 77 licensed to transact such business in this State; insuring against loss from the liability imposed by law for damages on account of bodily injuries or death, or for damages to property resulting from the ownership, maintenance or use of any taxicab to be licensed. The limit in such insurance policy of such taxicab shall not be less than one Hundred Thousand Dollars for bodily injuries to or death of one person and Three Hundred Thousand Dollars on account of any one accident resulting in injuries and/or death to more than one person, and a total of Ten Thousand Dollars liability for damages to property of others, arising out of any one accident. 5.603 (6) A separate license shall be required for each operator of a licensed taxicab, regardless of whether such person is the licensed owner of a taxicab vehicle. 5.603 (7) The Clerk shall refer each operator's application to the Chief of Police for an investigation of the applicant's driving record or for convictions for theft, sex crimes, or any crime of violence; and whether a license to operate a taxicab or taxicab business has ever been suspended, revoked or canceled by any other municipality in the State of Minnesota. A report shall be made to the Council within ten days and shall include recommendations of the Chief of Police. The applicant shall be provided with a copy of the report at least two days prior to Council action on the application. 5.6O3 (8) An operator's license shall be denied to any applicant who is not a United States Citizen and is not at least eighteen years of age, or who has ever had a taxicab license suspended, revoked or canceled by any municipality in the State of Minnesota, either as an operator or an owner. An operator's license may be denied to any applicant who has an unsatisfactory driving or criminal record, based upon the report and recommendations of the Chief of Police. 5.603 (9) Every taxicab operator licensee shall be subject to the below named regulations. The operator and the vehicle licensee shall jointly insure enforcement of such regulations. (a) All operators shall be clean and courteous at all times. (b) No operator shall carry any person other than the passenger first employing a taxicab, without the consent of such passenger. (c) No operator shall charge or attempt to charge any passenger a greater rate of fare than that established by Resolution of the Council. Page 78 (d) No:operator shall knowingly deceive with the intent to defraud any passenger who may ride with him, or who may desire to ride in his vehicle, as to his destination of distance traveled or to be traveled. (e) No operator shall solicit passengers as fares except when traveling around the streets or at a regularly designated stand. No operator shall alight from his taxicab at any time for the purpose of soliciting passengers, provided that this shall not prohibit any driver from alighting from his taxicab to assist a passenger entering or alighting from his taxicab. (f) Each operator shall forward lost articles found in his taxicab to the Clerk. SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 5.603(1) No person shall engage in or operate a taxicab business and pick-up persons for hire in the course of such business within the City limits without a license for each vehicle to be utilized in such business, issued pursuant to the provisions of this chapter. 5.603(2) Definitions. For purposes of this section, the following words shall have the following meanings ascribed to them: a) "Taxicab" shall mean any motor vehicle engaged in the carrying of persons for hire, either over a fixed route, operated from a street stand, subject to calls from a garage, or otherwise operated for hire except private auto liveries as herein defined; but the term shall not include vehicles subject to control and regulation by the State Railroad and Warehouse Commission, the Metropolitan Transit Commission, the Minnesota Public Service Commission, or vehicles regularly used by undertakers. b) "Street" shall mean and include any street, alley, avenue, court, bridge, lane or public place in the City of Columbia Heights. c) "Operator" shall mean any person who drives and/or operates a taxicab, whether such person be the owner of such taxicab or an employee of said owner. d) "Owner" shall mean any person owning or having control of the use of one or more taxicabs for use in a taxicab business that is required to be licensed under this section, whether or not said owner is a taxicab operator. Page 79 e) "Taximeter" shall mean any mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, either by distance traveled or waiting time or both, and upon which such charge shall be indicated by figures. fl "Private Auto Livery" shall mean an automobile used to carry persons for hire other than by solicitation of business by cruising about the streets. g) "Taxi Driver" shall mean and include any person who drives and/or operates a taxicab, whether such person be the owner of such taxicab or be employed by a taxicab owner or operator. 5.603(3) Application. Application for a ow~e[ taxicab vehicle license under this section shall state the total number of taxicabs to be licensed by the same owner and provide the following information with respect to each vehicle: a) The passenger carrying capacity of each taxicab; b) The make, model, year, serial number and state license number of each taxicab; c) The total mileage of each vehicle, together with a general description statement of the condition of the vehicle and any mechanical or equipment deficiencies; d) The title owner of each taxicab vehicle. If said owner is not the same person as the applicant, a statement shall be provided describing any contractual relationship between the title owner of the taxicab and the applicant. e) The name and address of the applicant and any other pertinent information deemed necessary by the City to conduct the required investigation of the applicant. f) A statement signed by the applicant indicating his/her understanding that falsification of any item on the application is sufficient reason upon which to base a denial of said license. 5.603(4) '-' The ........ i~;ay ............................. for of 6,] ......... : ............ '~ ......... ' ' au~u,Huuvu ~a~a~ tO uuHuu~ ~uu. iFl&~6CtiOii. Examination of Taxicabs. Prior to the use and operation of any vehicle as a taxicab under the provisions of this ordinance, said vehicle shall comply with rules and regulations prescribed in this ordinance. Licensed vehicles shall be subject to inspection by the Police Department for a safety inspection to determine whether the vehicle is safe for the transportation of passengers. Taxicabs must be in a thoroughly safe condition and must be clean, sanitary, and of good appearance. A report of the inspection shall be made to the License Clerk and shall note any vehicle or equipment deficiencies that would render a vehicle unsafe for the transportation of passengers. The Chief of Police or his representative may make recommendations as are appropriate. 5.803(5) The City Council may approve a taxicab vehicle license application if the public convenience and good order will be served t,%e:eby and the licensed vehicle is determined to be in safe and operable condition. All such licensed vehicles shall be subject to the following conditions: a) A City license identification sticker/tag shall be fastened and displayed upon each and every taxicab vehicle so licensed so that said license will be plainly visible at all times, Duplicate stickers will be issued upon payment of full license fee ................................................. :'" '-: ........................... th~ b) A copy of the license issued for said taxicab vehicle shall be displayed in a conspicuous place on the inside of the vehicle. Said license shall bear the license number of the vehicle, the year, make and model of the licensed vehicle. c) Every taxicab licensed under this section shall have some designation of the character of the vehicle painted in plain visible letters on each side thereof. d) Every taxicab oper;~ted under this section shall have a rate card setting forth the authorized rates of fare displayed in such a place as to be in view of all passengers. Rates charged may not exceed taxicab rates which are lawful in the City of Minneapolis. e) Each taxicab shall be equipped with a taximeter that is approved by the City Council " .............................. : ......................... ,, ~ Each taximeter shall be kept in plain view of the passenger and shall be maintained in good and accurate working order at all times. 5.603(6) Insurance Requirement. Before a license shall be issued for any taxicab vehicle, the license applicant shall p~ese~t~,~, ..... t~ ........... ,,,= ~,~,~ ~, ~, i~,s~r~r,c~ ~,,~y--': ...... ,~,,,:'~ a,, J~sur~a~.~ co~-,pany furnish a Certificate of Insurance issued by an insurance company duly licensed to transact such business in this State. Such certificate shall state insurance against loss from the liability imposed by law for damages on account of bodily injuries or death, or for damages to property resulting from the ownership, maintenance or use of any taxicab to be licensed. The limit in such insurance policy of such taxicab shall not be less than ~ 100,000 for bodily injuries to or death of one person and ~300,000 on account of any one accident resulting in injuries and/or death to more than one person, and a total of $10,000 liability for damages to property of others, arising out of any one accident. 5.603(7) Taxicab Driver License Requirement. A separate license shall be required for each operator of a licensed taxicab, regardless of whether such person is the licensed owner of a taxicab vehicle. An application for a taxicab driver's license shall be filed on forms provided by the City which shall contain the following: a) b) c) d) Full legal name of the applicant. Home address. Date of birth. Drivers license number reflecting the current home address of the applicant. Page 82 5.603(8) e) f) g) Citizenship or immigration status. List of any driving violations and date of occurrence. Whether applicant has ever been convicted of any crimes or misdemeanors and the type and year of conviction. Falsification of an application for a taxicab driver's license constitutes grounds for denial of the license or renewal. Such license shall be valid for the calendar year in which issued and must be renewed at the commencement of each subsequent calendar year. The Clerk shall refer each o~6:ato~'s application to the Police Department for an investigation of the applicant's driving record or for convictions for theft, sex crimes, or any crime of violence; and whether a license to operate a taxicab or taxicab business has ever been suspended, revoked or canceled by any other municipality in the State of Minnesota. A report shall be made to the City Council w,.,,,, ,~,, .oy~ and shall include recommendations of the~,,,,~, ..... of Police Department. ,~,..°yo p~io: t~,,~.,,.,, ........ action .,, ,,,. °pp,,~o.~,,. on consideration of the application and the reports attached thereto, the City Council shall approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the City Council to offer evidence why his/her application should be reconsidered. If the application is approved, the Clerk shall issue a license to the applicant olong with an identification card which shall bear the name, signature and photograph of the applicant. Upon approval, such license shall be in effect for the remainder of the calendar year and must be renewed annually. 5.603(9) An operator's license shall be denied to any applicant who is not a United States citizen and is not at least eighteen years of age, or who has ever had a taxicab license suspended, revoked or canceled by any municipality in the State of Minnesota, either as an operator or an owner. An operator's license may be denied to any applicant who has an unsatisfactory driving or criminal record, based upon the report and recommendations of the Chief of Police. Falsification of any application constitutes grounds for denial of the license or renewal. 6.603(1 O} License Fees. No license shall be issued or continued in operation unless the license applicant has paid the Innuat license fee and is in compliance with all other requirements of this Section. All licenses shall terminate on the 31st day of each December ·nd ·hall be renewed annually. 5.603(11) Transferability. No license may be transferred. Any ·ale, assignment or mortgage of · taxicab shall be reported to the City. 5.603{12) Separability. Every section, provision, or part of this ordinance is declared separable from every other section, provision, or part and if any section, provision, or part ·hall be held invalid, it ·hall not affect any other section, provision, or part thereof. Page 84 SECTION 4: Section 5.604, of Ordinance No. 853, City Code of 1977, pertaining to the Licensinq of VehicletTrailer Rental , which currently reads as follows, to wit: 5.604 (1) No person shall engage in or conduct the business of leasing or renting trucks, automobiles, or trailers without a license issued pursuant to the provisions of this chapter. 5.604 (2) The applicant shall provide a plot plan showing the location of the rental area and identify where the motor vehicles or trailers and all accessories will be stored and parked, The plan shall designate the number, size, and types of vehicles and trailers to be utilized in the rental business. (a) The Council may require that a screening design be included in the plot plan. (b) All surface storage areas shall have a hard surface of either bituminous or cement, unless such requirement is waived by the Council. 5.604 (3) The Council shall refer the license application to the Planning and Zoning Commission for a report and recommendation within 30 days. The Commission may order a public hearing on said application. SHALL HEREAFTER BE RENAMED AND AMENDED TO READ AS FOLLOWS: MOTOR VEHICLE RENTAL/LEASING 5.604(1 ) No person shall engage in or conduct the business of leasing or renting trucks, automobiles, trailers or other motorized vehicle without a license issued pursuant to the provisions of this section. 5.604(2) This use will require a Conditional Use Permit and shall be reviewed by the Planning and Zoning Commission for a report and recommendation to the City Council. The applicant shall provide a site/plot plan showing the location of the rental area within the property lines of the site and identify where the motor vehicles or trailers and all accessories will be stored and parked. The plan shall designate the number, size and types of vehicles and/or trailers to be utilized in the rental business. (a) A screening design in compliance with the requirements of the Zoning Ordinance shall be included in the site plan. (b) All surface storage areas shall have a hard surface of either bituminous or concrete Page 85 5.6O4(3) No license shall be issued or continued in operation unless the license applicant has paid the annual license fee and is in compliance with all other requirements of the section. All licenses shall terminate on the 31st day of each December and shall be renewed annually. SECTION 5: 5.605 (1) 5.605 (2) Section 5.605, of Ordinance No. 853, City Code of 1977, pertaining to the Licensinq of Garbage Collection/Refuse Haulers, which currently reads as follows, to wit: No person shall engage in or conduct the business of collecting garbage, rubbish or recyclable materials without a license issued pursuant to the provision of this chapter. For the purposes of this section, the below.named words shall have the meaning ascribed to them. 5.605 (3) (a) "Garbage" shall mean organic refuse resulting from the storage or preparation of food and decayed or spoiled food from any source. (b) "Rubbish" shall mean all inorganic refuse, such as, but not limited to, tin cans, glass, paper, and ashes. (c) "Authorized Recycling Program" shall mean a program for the collection and recycling of recyclable materials which are instituted, sponsored, authorized or controlled by the City. (d) "Recyclable Materials" shall mean all items of garbage and rubbish designated by the City Manager to i~e a part of an authorized recycling program and which are intended f~r transportation, processing and remanufacturing or reuse. (e) "Scavenging" shall mean the unauthorized collection of recyclable materials that have been set out by residents of the City specifically for participating in curbside recycling programs. Application for a license under this section shall include a statement describing all equipment and vehicles to be used in the course of business together with any Page 5.605 (4) 5.605 (5) 5.605 (6) 5.605 (7) 5.605 (8) 5.605 identifying license or serial numbers. The application shall further indicate the disposition site for the garbage, rubbish and recyclable materials. After the license application is approved by the Council, the applicant shall present proof to the Clerk of insurance on each vehicle with an insurance company licensed to transact business in this state. The limits of such policy shall be Two Hundred Thousand dollars ($200,000.) for bodily injuries to or death of one person, and Six Hundred Thousand Dollars (8600,000.) for any one accident resulting in injuries and/or death to more than one person, and a total of Fifty Thousand Dollars ($50,000.) liability for damages to property of others arising out of any accident. The applicant shall also present proof to the Clerk of Contractor's public liability insurance with an insurance company licensed to transact business in this state. The limits of such policy shall be Two Hundred Thousand dollars (8200,000.) for any one program, Six Hundred Thousand dollars ($600,000.) for any one accident, and property damage of Fifty Thousand dollars ($50,000.). Licensees shall provide a covered receptacle for the storage of collected solid waste. The receptacle shell e constructed so that the stored contents will not leak or spill therefrom. The receptacle shall be kept as clean and free from offensive odors as possible. Licensees under this section shall be required to make all collections between the hours of 6:00 a.m. and 10:00 p.m. and shalt make collections in a manner that will minimize traffic disruption. Each licensee shall comply with all ordinances of the City and with any regulations promulgated by the Health Authority establishing standards of health and sanitation in the City. The licensee under this section, or any employee thereof, shall issue a notice to ali customers and users of the licensee's services whenever garbage, rubbish and recyclable materials removal is not effected in accordance with the terms of the contract between the City and the Licensee. Such notice shall indicate the reason for failure to collect the garbage, rubbish, or recyclable materials, and a copy of said notice shall be filed with the Clerk. Items designated for recycling shall be listed by the City Manager to be part of an authorized recycling program. Ownership of recyclable materials set out for the purpose of participating curbside recycling program shall remain with the person who set out the materials until P~e 87 removed by the authorized collector. The person who set out the material is totally responsible for their proper preparation, handling and storage. Ownership and responsibility for the proper handling of the recyclabte materials shall vest in the authorized collector upon removal thereof by the collector. SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 5.605(1) No person shall engage in or conduct the business of collecting garbage, rubbish or recyclable materials without a license issued pursuant to the provisions of t°rraTrter Anoka County Operating and Base Licenses and the Solid Waste Management Coordinating Board, 5.605(2) For the purposes of this section, the below-named words shall have the following meaning ascribed to them. (a) "Garbage" shall mean organic refuse resulting from the storage or preparation of food and decayed or spoiled food from any source. (b) "Rubbish" shall mean all inorganic refuse, such as, but not limited to, tin cans, glass, paper, and ashes. (c) "Authorized Recycling Program" shall mean a program for the collection and recycling of recyclable materials which are instituted, sponsored, authorized or controlled by the City. (d) "Recyclable Materials" shall mean all items of garbage and rubbish designated by the City Manager to be a part of an authorized recycling program and which are intended for transportation, processing and remanufacturing or reuse. (e) "Scavenging" shall mean the unauthorized collection of recyclable materials that have been set out by residents of the City specifically for participating in curbside recycling programs. u.uuuV.~l 5.605f5)(3) 5.605f-7-)(4) 5.605~(5) 5.605(9-)(6) 5.605(7) Licensees shall provide a covered receptacle for the storage of collected solid waste. The receptacle shall be constructed so that the stored contents will not leak or spill therefrom. The receptacle shall be kept as clean and free from offensive odors as possible. Licensees under this section shall be required to make alt collections between the hours of 6:00 a.m. and 10:00 p.m. and shall make collections in a manner that will minimize traffic disruption. The licensee under this section, or any employee thereof, shall issue a notice to all customers and users of the licensee's services whenever garbage, rubbish and recyclabte materials removal is not effected in accordance with the terms of the contract between the City and the Licensee. Such notice shall indicate the reason for failure to collect the garbage, rubbish, or recyclable materials, and a copy of said notice shall be filed with the C',erk City. Items designated for recycling shall be listed by the City Manager to be part of an authorized recycling program. Ownership of recyctable materials set out for the purpose of participating in a curbside recycling program shall remain with the person who set out the materials until removed by the authorized collector. The person who set out the material is totally responsible for their proper preparation, handling and storage. Ownership and responsibility for the proper handling of the recyclable materials shall vest in the authorized collector upon removal thereof by the collector. Scavenging, as defined in Section 5.605(e) is prohibited. It is a violation of the City Code and subject to the penalties enforced therein. SECTION 7: 5.607 (1) 5.607 (2) 5.607 (3) Section 5.607, of Ordinance No. 853, City Code of 1977, pertaining to the Licensin§ of Contractors, which currently reads as follows, to wit: No person shall perform work as a contractor involved in building construction, alterations, or remodeling or any work for which a work permit is required by this Code, without a license issued pursuant to the provisions of this chapter. Licenses shall be required for but not limited to each of the below-named trades and construction work: (a) General contractors, including erection, alteration or repair of building. (b) Masonry, cement work, cement block work, block laving or brick work. (c) Plumbing, including the installation of cesspools, septic tanks, drainfields, connections to the municipal system, inside plumbing and including excavations for sewer and water line installations. (d) Roofing (e) Plastering, stucco work, sheet rock taping. (f) Heating, ventilation and refrigeration, including gas piping, gas service, gas equipment installation, oil heating, and piping work. (g) Excavations, including excavations for footings, basements and grading of lots, etc. (h) Wrecking of buildings. (i) Blacktopping of driveways, parking lots, etc. (j) Sign erection, construction and repairs, including billboards and electrical signs. (k) Sprinkler and fire extinguishing equipment installers. Applications for a license under this section shall be submitted to the Clerk and shall include such evidence of competency as may be required by the Council. (a) Evidence of qualifications established before any agency of the State of Minnesota shall be prima facie evidence of competency under this section. Page 90 5.607 (4) 5.607 (5) 5.607 (6) 5.607 (7) (b) Whenever an agency of the State of Minnesota imposes licensing or registration requirements for any trade licensed under this section proof of satisfaction of all state requirements shall be provided with the license application. Upon approval of the license application and prior to the issuance of a license, the applicant shall file a bond in the amount of $2,000 conditioned upon compliance with all provisions of the code regulating or governing construction work. The applicant shall also file with the Clerk a certificate of public liability insurance in the amount of 8100,000 per person and 8300,000 per accident for bodily injury, and 85,000 for property damage. Proof of Workman's Compensation insurance as required by law shall also be provided. A license granted to a general contractor shall include the right to perform all of the work included in his general contract. Such license shall include any or all persons performing the work which is classified and listed in 5.607 (2), providing that each person performing such work is in the regular employ of such general contractor and qualified under state law and the provisions of this chapter to perform such work. The general contractor shall be responsible for all of the work so performed. Sub-contractors on any work shall be required to comply with the sections of this Code pertaining to license, bond, qualifications, etc., for his particular type of work. Employees under the supervision of the licensee may be engaged except that such provision shall not be construed as exempting any such employee from licensing or registration requirements imposed by state law. No person shall be required to obtain a license under this section to perform any work at is own residence, provided that such person is qualified to perform such work in accordance with all applicable standards prescribed by this Code. SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 5.607(1) No person shall perform work as a contractor involved in building construction, alterations, or remodeling or any work for which a work permit is required by this Code, without a license issued pursuant to the provisions of this chapter. 5.607(2) Licenses shall be required for, but not limited to, each of the below-named trades and construction work: (a) General contractors, including erection, alterations or repair of buildings unless said contractor i$ a holder of a current license from the Minnesota Department of Commerce for residential construction. Page 81 (b) (c) (d) (e) (f) (g) 5.607(3) (h) (i) (j) (k) (I) As provided by Minnesota State Statutes, Chapter 306, for any residential building contractor required to be licensed by the State of Minnesota, the applicant for building permit for residential work shall pay a fee of $5.00 per building permit for administration and review of residential contractor licenses. Specialty contractors or those contractors holding an exemption certificate from the State of Minnesota Department of Commerce. Masonry, cement work, cement block work, ~',~c;~ ',a~-~,~,~, or brick work. Plumbing, including the installation of cesspools, septic tanks, drainfields, connections to the municipal sewer and water systems, inside plumbing, and including excavations for sewer and water line installations. Commercial, industrial, institutional roof work. Residential roofing contractors must be licensed by the Minnesota Department of Commerce. Plastering, stucco work, sheet rock installation and taping. Heating, ventilation and refrigeration, including gas piping, gas service, gas equipment installation, oil heating, and piping work. Excavations, including excavations for footings, basements and grading of lots, etc. Wrecking/demolition of buildings. Installation/repavinglresurface P~',ackt~p',,,~ of driveways, parking lots, public sidewalks, etc. Sign erection, construction and repairs, including billboards and electrical signs. Sprinkler and fire extinguishing equipment installers unless a holder of an active license from the State of Minnesota. Applications for a license under this section shall be submitted to the License Clerk and shall include such evidence of competency as may be required by the City Council. (a) Evidence of qualifications established before any agency of the State of Minnesota shall be prima facie evidence of competency under this section or submittal of a current competency card from any city offering such test. Page 92 (b) (c) 5.607(4) 5.607(5) 5.607(6) 5.607(7) Whenever an agency of the State of Minnesota imposes licensing or registration requirements for any trade licensed under this section, proof of satisfaction of all state requirements shall be provided with the license application. Whenever a contractor is aware of a hazardous situation or of hazardous equipment where the fuel service has been interrupted, such contractor shall inform the City Inspector of the location and hazard within one (1) business day. Upon approval of the license application and prior to the issuance of a license, the applicant shall file a bond in the amount of ~ $3,000 conditioned upon compliance with all provisions of the code regulating or governing construction work. Exception: Plumbing contractors provided they have submitted a current certificate from the State of Minnesota Department of Health, Plumbing Code Division. The applicant shall also file with the Clerk a certificate of insurance indicating public liability insurance in the amount of ~ 100,000 per person and 8300,000 per accident for bodily injury, and ~ $10,000 for property damage. Proof of Workman's Compensation insurance as required by law shall also be provided and indicated on the Certificate of Insurance. A license granted to a general contractor shall include the right to perform all of the work included in his general contract. Such license shall include any or all persons performing the work which is classified and listed in 5.607(2) of this section, providing that each person performing such work is in the regular employ of such general contractor and qualified under state law and the provisions of this chapter to perform such work. The general contractor shall be responsible for all of the work so performed. Sub-contractors on any work shall be required to comply with the sections of this Code pertaining to license, bond, qualifications, etc., for his particular type of work. Employees under the supervision of the licensee may be engaged except that such provision shall not be construed as exempting any such employee from licensing or registration requirements imposed by state law. No person shall be required to obtain a license under this section to perform any work at his own residence, provided that such person is qualified to perform such work in accordance with all applicable standards prescribed by this Code. Page 93 SECTION 8: 5.608 (1) 5.608 (2) 5.608 (3) 5.608 (4) Section 5.608, of Ordinance No. 853, City Code of 1977, pertaining to the Licensing of Popcorn, Candy and Ice Cream Wagons, which currently reads as follows, to wit: No person shall engage in or conduct the business of selling popcorn, candy, ice cream, ice milk or other confectionery items from a mobile or moveable wagon, truck, trailer, or vehicle without a license issued pursuant to the provisions of this Chapter. Application for a license under this section shall include a statement describing all equipment and vehicles to be used in the course of business together with any identifying license or serial numbers. The application shall further indicate the place or places where sales will be made and the proposed hours of operation. After a license application is approved by the Council, the applicant shall present proof to the Clerk of insurance on each vehicle with an insurance company licensed to transact business in this state. The limits of such policy shall be One Hundred thousand dollars for bodily injuries to or death of one person, and Two hundred thousand dollars for any one accident resulting in injuries and/or death to more than one person, and a total of Ten thousand dollars liability for damages to property of others arising out of any one accident. The applicant shall also present proof to the Clerk of public liability insurance with an insurance company licensed to transact business in this state. The limits of such policy shall be One hundred thousand dollars for any one person, Two hundred thousand dollars for any one accident, property damage of Twenty thousand dollars and with a maximum total liability of Two hundred thousand dollars. Licensees under this section shall be restricted to the following hours for conducting business: (a) No sales may be made between the hours of 7:00 p.m. and 9:00 a.m. of the following day. (b) Notwithstanding the foregoing, business may be conducted until 8:30 p.m. from June 1 to Labor Day, inclusive. (c) Despite the hourly restrictions of 5.608(4)(a) and 5.608(4)(b) above, any licensee who sells or attempts to sell the products which are the subject of this section from not more than one location within a twelve hour period may conduct business until 10:30 p.m. Page 5.608 (5) 5.608 (5) 5.608 (6) No licensee under this section shall call attention to his business or to his merchandise by blowing a horn, ringing a bell, by the use of a voice amplifying device, or by any other method of causing a loud noise, provided, however, that a licensee under this section may sound a manually operated bell between noon and 8:30 p.m. daily, during the months of June, July and August, which produces a noise level no greater than 65 decibels when measured at the source of the noise. No licensee permitted to ring a bell under this section shall do so within 300 feet of where the same licensee has rung a bell during the same calendar day if more than fifteen minutes has elapsed between the aforementioned acts of bell ringing. No person, while engaging in the business described in this section, shall operate a vehicle which is not equipped with warning lights to specifically indicate that the vehicle makes frequent stops and is of a slow moving nature. SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: ,poPCORN, CANDY, ICE CREAM WAC~,~';S AND FOOD CATERING VEHICLES 5.608(1) No person shall engage in or conduct the business of selling popcorn, candy, ice cream, ice milk or other confectionary items from a mobile or moveable wagon, truck, trailer, or vehicle without a license issued pursuant to the provisions of this Chapter. All other food catering vehicles must carry a license from the State of Minnesota Board of Agriculture and shall operate pursuant to 5.608(6) of this section. 5.608(2) Application for a license under this section shall include the full name of the applicant, address, date of birth and driver's license number, a statement describing all equipment and vehicles (ie. make, model) to be used in the course of business together with any identifying license and or serial numbers. The application shall further indicate th~ hours of operation. The applicant shall list the full names, addresses, date of birth, driver's license number of each driver/operator of each vehicle and must notify the License Clerk of any changes or additions during the license period. All such vehicles must comply with the requirements as set forth by the Minnesota Department of Agriculture and applicant shall present proof of such license. 5.608(3) After a license application is approved by the City Council, the applicant shall present to the License Clerk proof of insurance on each vehicle with an insurance company licensed to transact business in this state. Th~ ................... shall ItlIIILO UI ,DUi,Ii ~JUllUy .......................... I of ............................. for ~ ......................................Of Two The Certificate shall slate that coverage cannot be canceled mid.term or not renewed without thirty (30) days prior written notice to the City, any phraseology limiting this requirement shall be stricken. The limits of such policy are es follows: 1. Automobile Liability: a. Combined Single Limits. $500,000 each occurrence; or b. Bodily Injury Liability - $100,000 each person, $500,000 each occurrence; and c. Property Damage Liability- $100,000 each occurrence. 2. Commercial General Liability Coverinq Operations and Products Liability: a. Combined Single Limits · $100,000 each occurrence, $500,000 aggregate; or b. Bodily Injury Liability · $100,000 each person, $500,000 aggregate; and c. Property Damage Liability- $50,000 each occurrence. 3. Workers' Compensation Coveraqe a. Statutory coverage to comply with section 1776.182 of the Minnesota Statutes. 5.608(4) Licensees under this section shall be restricted to the following hours for conducting business: (a) No sales may be made between the hours of 7:00 p.m. and 9:00 a.m. of the following day. Page 5.608(5) 5.608(6) 5.§08(7) (b) Notwithstanding the foregoing, business may be conducted until 8:30 p.m. from June 1 to Labor Day, inclusive. (c) Despite the hourly restrictions of 5.608(4)(a) and 5.608(4)(b) above, any licensee who sells or attempts to sell the products which are the subject of this section from not more than one location within a twelve hour period, may conduct business until 10:30 p.m. No licensee under this section shall call attention to his business or to his merchandise by blowing a horn, r',~inO a be',~, by the use of a voice amplifying device, or by any other method of causing a loud noise, provided, however, that a licensee under this section may sound a manually operated non.amplified bell only while the vehicle is in motion, and between noon and 0:30 ~.~-,. §:00 p.m. ily ........ No person, while engaging in the business described in this section, shall operate a vehicle which is not equipped with warning lights to specifically indicate that the vehicle makes frequent stops and is of a slow moving nature. Mobile food catering vehicles must be perked at the street curb while engaging in vending operations and vending shall be done only from the curb side of the vehicle. Each food catering vehicle must be equipped with flashing lights on both front and rear of the vehicle, clearly visible to oncoming automobiles in full daylight. For the full period during which such food catering vehicle is stopped for vending or stopped in such e manner or place as to roasonebly cause others to believe that it is proposing to engage in vending operations, aaid operator shall stand alongside said food catering vehicle in such manner as to be able to observe traffic coming from all directions and to observe children crossing the street in the immediate vicinity of said food catering vehicle. Such person ahall Dive adequate warning to oncoming vehicles and to children so as to avoid aocident or injury to said children. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars (~700) and imprisonment for not more than ninety (90) days, or both, together with the costs of prosecution. Page 97 SECTION 9: 5.609(1) 5.609(2) ,5.609(3) Section 5.610, of Ordinance No. 853, City Code of 1977, pertaining to the Licensinq of Miscellaneous Businesses, which currently reads as follows, to wit: No person shall operate a kennel, pet shop, or gun shop without a license issued pursuant to the provisions of this chapter, The Council may require license applicants under this section to provide a statement indicating whether the applicant or any of his employees or agents have been convicted of any crimes. Such requirement shall be a continuing one with respect to any new employees or agents of the applicant. Any conviction of a crime by the applicant or his agents or employees which bears any relevancy to the applicant's proposed business may be found by the Council to be grounds for denial of the license application or revocation or suspension of any existing license. No license for a gun shop shall be issued to any applicant for a location within 500 feet of any public school or church. SHALL BE REPEALED AND SHALL HEREAFTER READ AS FOLLOWS: PET SHOPS AND COMMERCIAL KENNELS 5.609(1) 5.609(2) No person shall operate a pet shop or commercial kennel without e license issued pursuant to the provisions of this chapter. All such operations shall comply with the requirements of the Zoning Ordinance. For the purpose of this chapter the following definitions shall apply: (a) Kennels: A place where three or more animals are kept for the business of selling, boarding for o fee, breeding for sale, or some other enterprise intended primarily for profit.making purposes except for an animal hospital, pet shop or veterinary clinic. (b) Pet Shop: Any person, partnership or corporation engaged in the business of breeding, buying, aelling or boarding animals of any species except veterinary hospitals or kennels. (c) Veterinary Hospital: Any establishment maintained and operated by a licensed veterinarian for the diagnosis, care and treatment of diseases and injuries of animals. Page 96 (d) "Animal" means cats, dogs, domestic animals, and wild animals, and crossbreeds with wild animals not customarily maintained at all times in a cage. 5.609(3) 5.609(4} 5.6O9(5) 5.609(6) The City Council may require license applicants under this section to provide a statement indicating whether the applicant or any of his/her employees or agents have been convicted of any crimes relating to animal abuse or animal cruelty. Such requirements shall be a continuing one with respect to any new employees or agents of the applicant. Any coflviction of a crime by the applicant or his/her agents or employees which bears any relevancy to the applicant's proposed business may be found by the City Council to be grounds for denial of the license application or revocation or suspension of any existing license. No kennel licensee under this section may conduct business between the hours of 9:00 p.m. and 9:00 a.m. of the following day. Notwithstanding the foregoing, pet shops and veterinary hospitals/clinics are excluded from these restrictions. The expiration date of licenses addressed in this section shall expire on December 31 of each year. Applications for renewal shall be made a minimum of thirty days prior to expiration of the current license. No license issued under the terms of this section shall be transferable between persons or premises. The Humane Officer shall conduct an inspection prior to the issuance of the license and shall recommend to the City Council whether or not to renew the license without full compliance to the requirements of this section. Kennels and Pet Shops shall be kept in a clean and healthful condition at ali times and shall be open to inspection by any person charged with the enforcement of this section. All pet shops and kennels shall be maintained in accordance with the "Animal Husbandry Manuel" published by the Pet Industry Joint Advisory Council. A licensee shall be responsible for all actions and conduct ef any employee or agent of the licensee and any Violation of this section by an employee or agent shall be deemed to be actions and conduct of the licensee. The copy of the "Animal Husbandry Manual" shall be provided by the owner/license holder for employees to use as a reference manual. Licensees and ali employees shall have an understanding of the animal care statutes set by the State of Minnesota and the "Animal Husbandry Manual". ?age SECTION 10: Section 5.610, of Ordinance No. 853, City Code of 1977, pertaining to the Licensin§ of Tree Services, which currently reads as follows, to wit: 5.610(1) No individual, partnership or corporation may cut, trim, prune, remove, spray or otherwise treat trees for financial remuneration within the City of Columbia Heights without first having secured a license from the City to conduct such business unless such individual, partnership, or corporation is the owner of the property on which such tree is located. 5.810 (2) The application for a license shall be made on a form approved by the City which shows, among other things, the name and address of the applicant, the number and names of the employees of the applicant, the number of vehicles of applicant, together with a description and license number of each vehicle, the type of equipment proposed to be used, and a description of the primary disposal site for any trees to be removed. 5.610 (3) No license or renewal shall be granted, nor shall the same be effective, until the applicant shall file with the City Clerk proof of a public liability insurance policy covering all operations of such applicant under this ordinance for the sum of at least one hundred thousand dollars (8100,000.00) against liability for bodily injuries or death for each person, for the sum of at least three hundred thousand dollars (8300,000.00) against liability for bodily injuries or death to more than one person from one accident and for a least fifty thousand dollars (850,000.00) against liability for damage or destruction of property. The City shall be named and the insurance provided shall include the City as an additional party insured. Said policy shall provide that it may not be canceled by the insurer except after ten (10) days' written notice to the City, and if such insurance is so canceled and the licensee shall fail to replace the same with another policy conforming to the provisions of this ordinance, said license shall be automatically suspended until such insurance shall have been replaced. No individual, partnership or corporation required to be licensed under this ordinance may cut or chemically treat trees within the City of Columbia Heights without first having filed the liability insurance required by this section. 5.610 (4) Each license applicant shall file with the City Clerk a Certificate of Insurance of Worker's Compensation when such insurance is required by State Statute. No individual, partnership or corporation required to be licensed under this ordinance may cut or chemically treat any trees within the City of Columbia Heights without having first filed the Certificate of Worker's Compensation Insurance required by this section. Page 100 5.810 (5) No license shall be granted to any applicant if the primary disposal site for trees is not approved by the Minnesota Pollution Control Agency. Upon request of the City Clerk or his representative, any licensee shall forthwith supply evidence that such licensee has dumped or disposed of all diseased trees only at sites approved by the Minnesota Pollution Control Agency. Should such evidence not be supplied within ten (10) days of such request, such license shall be suspended until such evidence shall be supplied. 5.610 (6) The annual license fee shall be set by resolution of the Council. In the absence of such resolution, the annual license fee shall be 825.00. SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 5.610(1) No individual, partnership or corporation may cut, trim, prune, plant, remove, spray or otherwise treat trees for financial remuneration within the City of Columbia Heights without first having secured a license from the City to conduct such business unless such individual, partnership, or corporation is the owner of the property on which such tree is located. 5.610(2) The application for a license shall be made on a form approved by the City which shows, among other things, the name and address of the applicant, the number of vehicles of applicant, together with a description and license number of each vehicle, the type of equipment proposed to be used, and a description of the primary disposal site for any trees to be removed. 5.610(3) No license or renewal shall be granted, nor shall the same be effective, until the applicant shall file with the City Clerk a Certificate of Insurance providing proof of a public liability insurance policy covering all operations of such applicant under this ordinance for the sum of at least one hundred thousand dollars (¢100,000) against liability for bodily injuries or death for each person, for the sum of at least three hundred thousand (¢300,000) dollars against liability for bodily injuries or death to more than one person from one accident and for at least f:fty {~50,000) one hundred thousand dollars ($100,000) against liability for damage or destruction of property. The City shall be named and the insurance provided shall include the City as an additional party insured. Said policy shall provide that it may not be canceled by the insurer except after ten (10) days written notice to the City, and if such insurance is so canceled and the licensee shall fail to replace the same with another policy conforming to the provisions of this ordinance, said license shall be automatically suspended until such insurance shall have been replaced. No individual, partnership or corporation required to be licensed under this ordinance may cut ~ c,~,~,~ca:ly t~eat t¢~s perform any tree =ervices within the City of Columbia Heights without first having filed the liability insurance required by this section. Page 101 5.610(4) 5.61 O(5) 5.610(6) Each license applicant shall file with the City License Clerk a Certificate of Insurance indicating ~f Worker's Compensation when such insurance is required by State Statute. No individual, partnership or corporation required to be licensed under this ordinance may ~,,, o~ ,.,,~,,,,~o,,y ,,,o, a~y trees perform any tree services within the City of Columbia Heights without having first filed the Certificate of Worker's Compensation Insurance required by this section. No license shall be granted to any applicant if the primary disposal site for trees is not approved by the Minnesota Pollution Control Agency. Upon request of the City Clerk License Clerk or his/her representative, any licensee shall forthwith supply evidence that such licensee has dumped or disposed of all diseased trees only at sites approved by the Minnesota Pollution Control Agency. Should such evidence not be supplied within ten (10) days of such request, such license shall be suspended until such evidence shall be supplied. The annual license fee shall be set by resolution of the City Council. ',~ ....... f ................ ;;-, ............. f ..... b ..... Any individual, pa~nership or corporation violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars (~700) and imprisonment for not more than ninety (90) days, or both, together with the costs of prosecution. SECTION 12: 5.612(1) Section 5.612, of Ordinance No. 853, City Code of 1977, pertaining to the Licensinq of Massaqe TherapistsIMassa~le Therapist Businesses, which currently reads as follows, to wit: (a) No person shall perform massage therapy without a license issued pursuant to the provisions of this section. (b) No person shall operate a business as a massage therapist without having first obtained a massage therapist business license issued pursuant to the provisions of this section. (c) This section shall not apply to any hospital, sanitorium, rest home, nursing home, boarding home, or other institution for the hospitalization or care of human beings, duly licensed under the provisions of Minnesota Statutes 144.50 - 144.703, or to persons duly licensed, or in the employment of or under contract with persons duly licensed by the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, with or without the use of mechanical, therapeutic, or bathing devices. Page 102. 5.612 (2) Definitions - For purposes of this section, the following words shall have the following meanings ascribed to them: (a) "Massage therapist" shall mean any person who for a fee rubs, presses, strokes, kneads, taps, rolls, pounds, vibrates or stimulates these superficial parts of the human body with the hands or any instrument. (b) "Massage therapy business" shall mean any person, partnership or corporation, either as principal or agent, who engages in the business of massage therapy or the employment of others performing massage therapy for a fee. 5.612 (3) Application (a) Every person desiring a license to perform massage therapy shall apply to the City Council for a license on an application form provided by the City Clerk. The application shall include: (i) name, place and date of birth and street residence of the applicant; (ii) the length of experience in this occupation and the past places of employment and positions held for the last ten years; and (iii) a description of any crime or other offense, including the time, place, date and disposition for which the applicant has been arrested and convicted. (b) No person shall make any material false statement in any application. (c) Each application for a massage therapist license shall furnish with the application a diploma or certificate of graduation from an American Massage Therapist Association approved school or a diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting agency or association or is licensed by the state or local government agency having jurisdiction over the school. (d) Each applicant shall also furnish proof at the time of application of course work in the theory and practice of massage (including but not limited to Swedish, Esalen, Shiatsu, and/or Foot Reflexology techniques) hygiene, and anatomy, including but not limited to skeletal and muscular structure and organ placement. P~ge 109 (e) Each applicant at the time of application shall demonstrate that the applicant has had no less than six months' experience in the practice of therapeutic massage with a minimum of 25 verified full practice massage therapy treatments which applicant has performed in a noncommercial setting and in the status of a trainee. For purposes of this subdivision, a trainee shall mean those persons with less than one year's experience in the practice of therapeutic massage and engaged in the active pursuit of knowledge of massage and related areas. Applicants who have been actively engaged in the practice of therapeutic massage for at least six months outside of the City may, in the alternative, furnish proof of such practice. No person shall make application for a massage therapy business license unless such person has been licensed as a massage therapist within the City of Columbia Heights. In addition to complying with the application requirements for a massage therapist required by this subdivision, an applicant for a massage therapist business license must show proof that the proposed location of the massage therapy business is properly zoned for such use and must demonstrate that the applicant has a right to a superior possessory interest in the premises at the location approved to be licensed. (fi Each application for a massage therapist license or a massage therapist business license shall be required to submit to and pass an examination as to the qualifications and competence of said applicant for the practice of massage. The examination shall be given by the City Clerk or such persons as he may designate, in the form he may prescribe, whether written, oral or practical so as to determine whether the applicant has sufficient knowledge, skill, training, and experience to safely and competently administer massages to the general public. Such examination shall test the applicant's (ii knowledge of massage and public health statutes, ordinances, rules and regulations; (ii) knowledge of anatomy; (iii) knowledge of the theory of massage; and (iv) knowledge and ability in practical massage. The City Clerk shall determine whether the applicant has demonstrated sufficient knowledge, skill, training, and experience to safely and competently administer massages to the general public. The City Clerk shall have the power to delegate the administration and grading of the examination to the Division of Public Health of the City of St. Paul, and the City Clerk shall have the authority to accept test results from previous examinations within the City of ,St. Paul. (g) Execution of the Application. If the applicant is a natural person, the application shall be signed and sworn to by the person; if a corporation, by an agent authorized to sign; if a partnership, by partner. (hi The Chief of Police or his designee shall investigate into the truthfulness of the statements set forth in the application and shall endorse his findings thereon. The applicant shall furnish to the Chief of Police such evidence as he may reasonable require in support of the statements set forth in the application. Page 104 5.612 (4) 5.612(5) 5.612 (6) 5.612 (7) License fee. The annual license fee for a massage therapist and a massage therapist business licensee shall be determined by resolution of Council. tn the absence of a resolution, the fee shall be One Hundred Dollars (8100.00). In addition to the fee specified above, an additional One Hundred Dollar (8100.00) fee shall be paid by an applicant; (a) upon initial application for one of the licenses specified in this section, and (b) upon application for one of the licenses specified in this section after failing to renew the license within one year of the expiration date of the previously held license. The license and application fees provided by this subdivision shall not be refunded whether or not the license sought is granted. Expiration. All licenses issued under this section shall expire on December 31 of each year. Location. A massage therapist licensed under this section shall perform massage therapy only at the place of business of a massage therapist business licensee designated in the massage therapist's license. No massage therapist license may be transferred to a different location or a different person. A massage therapist business license under this section shall authorize the licensee to carry on its business only at the permanent place of business designated in the license. The massage therapist business licensee shall either own the building in which the business is conducted or have a lease on the business premises which extends for more than six months. No massage therapist business license may be transferred to a different location or a different person. Prohibitive acts. No licensed massage therapist or massage therapist business licensee shall permit or engage in the practice of business of massage therapy in a location or in a manner that violates any of the provisions of this section or any of the following standards, to-wit: A. ,Operation Standards. (1) All customers are to be provided with single service disposable foot coverings which are not to be reused. (2) Ail employees shall wash their hands thoroughly in an approved handwashing facility before starting any body massaging, handling, clean linen or clean supplies. (3) All massage tables are to be provided with single use linen or a single use disposable paper sheet covering that is beth wide and long enough to cover the complete table top. All towels are to be laundered in an approved manner after each use. All soiled linen and towels are to be sorted in an approved receptacle. Page 105 (4) Only single service disposable drinking cups for customers shall be allowed within the establishment. (5) Alt customers shall inform the operator of any medical disabilities prior to use of facilities. (6) The personnel shall observe all occupants in the sauna room at five (5) minute intervals. (7) All cosmetic products shall remain in their original containers or in properly labeled self-identifying containers. (8) A copy of these Rules and Regulations shall be posted in a conspicuous place for customer observance. B. Equipment Standards. (1) The covering on the massage table shall be waterproof. (2) The massage tables shall be constructed of material that is smooth and easily cleanable. (3) A functioning combination of relative humidity and temperature indicator shall be installed on the inside wall and another on the outside wall of each sauna room. The indicator shall be so located as to be easily observed. (4) During housekeeping procedures there shall be a minimum of fifteen (15) foot candles of illumination available. This illumination shall be provided by permanent electrical fixtures in all sauna and massage rooms. C. Health and Disease Control. No person, while affected with any disease in a communicable form, or while a carrier of such disease, or while affected with boils, infected wounds, sores, or an acute respiratory infection, shall work in or use the service of any sauna or massage parlor in any capacity in which there is a likelihood of such person contaminating surfaces with pathogenic microorganisms or transmitting disease to other individuals, and no person known or suspected of .being affected with any such disease or condition shall be employed or permitted in such an area or capacity. If the licensee or his manager has reason to suspect that an employee has contracted any disease, in a communicable form or had become a carrier of such disease, he shall notify the Health Officer immediately. Page 106 5.612 (8) Denial, Suspension or Revocation. Any license under this section may be denied, suspended or revoked for any of the following reasons: (a) The use or proposed use is in conflict with the Columbia Heights Zoning Code; (b) The use or proposed use is in conflict with any heath, building, building maintenance or other provision of this Code or state law; (c) Violation of any provisions of this section; (d) Fraud, misrepresentation or bribery in the securing of a license or any false misrepresentation on any license application; (e) Fraud, misrepresentation or false statements made in the course of the applicant's business; (f) Conviction of the applicant or licensee, any partner or shareholder of the applicant or licensee, any employee of the applicant or licensee within the preceding five (5) years, of any crime, petty misdemeanor or municipal ordinance relating to the general health, welfare, morals, and safety of the community; or (g) Habitual drunkenness or intemperance in the use of drugs including, but not limited to, the use of drugs defined in Minnesota Statutes 618.01, barbituates, hallucinogenic drugs, amphetamines, Benzedrine, Dexadrine or other sedatives, depressants, stimulants or tranquilizers; engaging in conduct involving moral turpitude or permitting or allowing others within their employ or agency to engage in conduct involving moral turpitude or failing to prevent agents, officers or employees in engaging in conduct involving moral turpitude. SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 5.612(1) (a) No person shall perform massage therapy without a license issued pursuant to the provisions of this section. (b) No person shall operate a business as a massage therapist without having first obtained a massage therapist business license issued pursuant to the provisions of this section. (c) This section shall not apply to any hospital, sanitorium, rest home, nursing home, boarding home, or other institution for the hospitalization or care of human beings, duty licensed under the provisions of Minnesota Statutes 144.50 . 144.703, or to persons duly licensed, or in the employment of or under contract Page 107 5.812(2) 5.612(3) 5.612(4) with persons duly licensed by the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, with or without the use of mechanical, therapeutic or bathing devices. Definitions. For purposes of this section, the following words shall have the following means ascribed to them: (a) "Massage Therapist" shall mean any person who, for a fee, rubs, presses, strokes, kneads, taps, rolls, pounds, vibrates or stimulates thes~ superficial parts of the human body with the hands or any instrument. (b) "Massage Therapy Business" shall mean any person, partnership or corporation, either as principal or agent, who engages in the business of massage therapy or the employment of others performing massage therapy for a fee. Any business under this section shall comply with all requirements of the Zoning Ordinance. Application. (a) Every person desiring a license to perform massage therapy shall apply to the City Council for a license on an application form provided by the City Clerk. The application shall include: (i) Full name, place and date of birth and currant street address of the applicant. (ii) The length of experience in this occupation and the past places of employment and positions held for the last ten years; and (iii) A description of any crime or other offense, including the time, place, date and disposition for which the applicant has been arrested and convicted. (b) No person shall make any material false statement in any application. (c) Each application for a massage therapist license shall furnish with the application a diploma or certificate of graduation from an American Massage Therapist Association approved school or a diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting agency or association or is licensed by the state or local government agency having jurisdiction over the school. Page108 Such certificate/diploma shall be prominently displayed in the area wherein massage is conducted. (d) Each applicant shall also furnish proof, at the time of the application, of course work in the theory and practice of massage (including but not limited to Swedish, Esalen, Shiatsu, and/or Foot Reftexology techniques), hygiene, and anatomy, including but not limited to skeletal and muscular structure and organ placement. (e) Each applicant, at the time of application, shall demonstrate that the applicant has had no less than six months' experience in the practice of therapeutic massage therapy treatments with a minimum of 25 verified full practice massage therapy treatments which applicant has performed in a noncommercial setting and in the status of a trainee. For purposes of this subdivision, a trainee shall mean those persons with less than one year's experience in the practice of therapeutic massage and engaged in the active pursuit of knowledge of massage and related areas. Applicants who have been actively engaged in the practice of therapeutic massage for at least six months outside of the City may, in the alternative, furnish proof of such practice. No person shall make application for a massage therapy business license unless such person has been licensed as a massage therapist within the City of Columbia Heights. In addition to complying with the application requirements for a massage therapist required by this subdivision, an applicant for a massage therapist business license must show proof that the proposed location of the massage therapy business is properly zoned for such use and must demonstrate that the applicant has a right to a superior possessory interest in the premises at the location approved to be licensed. (f) Each application for a massage therapist license or a massage therapist business license shall be required to submit to and pass an examination as to the qualifications and competence of said applicant for the practice of massage. The examination shall be given by the City Clerk or such persons as he/she may designate, in the form he/she may prescribe, whether written, oral, or practical so as to determine whether the applicant has sufficient knowledge, skill, training, and experience to safely and competently administer massages to the general public. Such examination shall test the applicant's fi) knowledge of massage and public health statutes, ordinances, rules and regulations; knowledge of the theory of massage; ~ and knowledge and ability in practical massage. The City Clerk shall determine whether the applicant has demonstrated sufficient knowledge, skill, training, and experience to safely and competently administer massages to the general public. The City Clerk shall have the power to g th ii ti dg digof i ti dele ate eadmnstra onan ran theexamna H~a,,,, ,, ,,,~ ,,,,y ~f,~,. r o,,, and the City Clerk shall have the authority to accept test results from previous examinations ~,'ithln ............ ,,,~ ,,,,y ,,, ,,,. P,~', conducted by an authorized testing agency. Page 5.612(5) (g) Execution of the Application. If the applicant is a natural person, the application shall be signed and sworn to by the person; if a corporation, by an agent authorized to sign; if a partnership, by a partner. (h) Any falsification of information on the license application shall result in the denial of said license. (i) The Chief of Police ~F or his designee shall investigate into the truthfulness of the statements set forth in the application and shall endorse his findings thereon. The applicant shall furnish to the Chief of Police such evidence as he may reasonably require in support of the statements set forth in the application. License Fee. The annual license fee for a Massage Therapist and a Massage Therapist Business licensee shall be determined by resolution of the City Council. In the absence of a resolution, the fee shall be One Hundred Dollars (,~ 100.00). In addition to the fee specified above, an additional One Hundred Dollar (8100.00) fee shall be paid by an applicant: (a) Upon initial application for one of the licenses specified in this section; and (b) Upon application for one of the licenses specified in this section after failing to renew the license within one year of the expiration date of the previously held license. 5.612(6) 5.612(7) The license and application fees provided by this subdivision shall not be refunded whether or not the license sought is granted. (c) Renewals. An application for a renewal of a Massage Therapist License or Massage Therapy Business License shall be made in the same manner as the original application. Expiration. All licenses issued under this section shall expire on December 31 of each year. ;' Location. A Massage Therapist licensed under this section shall perform massage therapy only at the place of business of a Massage Therapist Business licensee designated in the Massage Therapist's license. No Massage Therapist license may be transferred to a different location or a different person. A Massage Therapist Business license under this section shall authorize the licensee to carry on its business only at the permanent place of business designated in the license. The Massage Therapist Business licensee shall either own the P~O~ 110 5.612(8) building in which the business is conducted or have a lease on the business premises which extends for more than six months. No Massage Therapist Business license may be transferred to a different location or a different person. Prohibitive Acts. No licensed Massage Therapist or Massage Therapist Business licensee shall permit or engage in the practice of or business of massage therapy in a location or in a manner that violates any of the provisions of this section or any of the following standards, to wit: A. Operation Standards. (1) All customers are to be provided with single service disposable foot coverings which are not to be reused. (2) All employees shall wash their hands thoroughly in an approved handwashing facility before starting any body massaging, handling, clean linen or clean supplies. (3) All massage tables are to be provided with single use linen or a single use disposable paper sheet covering that is both wide and long enough to cover the complete table top. All towels are to be laundered in an approved manner after each use. All soiled linen and towels are to be sorted in an approved receptacle. (4) Only single service disposable drinking cups for customers shall be allowed within the establishment. (5) All customers shall inform the operator of any medical disabilities prior to use of facilities. (6) The personnel shall observe all occupants in the sauna room at five (5) minute intervals. (7) All cosmetic products shall remain in their original containers or in properly labeled self-identifying containers. (8) A copy of these Rules and Regulations shall be posted in a conspicuous place for customer observance. B. Equipment Standards. (1) The covering on the massage table shall be waterproof. (2) The massage tables shall be constructed of material that is smooth and easily cleanable. Page 111 5.612(9) (3) A functioning combination of relative humidity and temperature indicator shall be installed on the inside wall and another on the outside wall of each sauna room. The indicator shall be so located as to be easily observed. (4) During housekeeping procedures there shall be a minimum of fifteen (15) foot candles of illumination available. This illumination shall be provided by permanent electrical fixtures in alt sauna and massage rooms. C. Health and Disease Control. No person, while affected with any disease in a communicable form, or while a carrier of such disease, or while affected with boils, infected wounds, sores, or an acute respiratory infection, shall work in or use the service of any sauna or massage parlor in any capacity in which there is a likelihood of such person contaminating surfaces with pathogenic microorganisms or transmitting disease to other individuals, and no person known or suspected of being affected with any such disease or condition shall be employed or permitted in such an area or capacity, if the licensee or his manager has reason to suspect that an employee has contracted any disease, in a communicable form or had become a carrier of such disease, he shall notify the Health Officer immediately. Denial, Suspension or Revocation. Any license under this section may be denied, suspended or revoked for any of the following reasons: (a) The use or proposed use is in conflict with the Columbia Heights Zoning Code; (b) The use or proposed use is in conflict with any health, building, building maintenance or other provision of this Code or State law; (c) Violation of any provisions of this section; (d) Fraud, misrepresentation or bribery in the securing of a license or any false misrepresentation on any license application; (e) Fraud, misrepresentation or false statements made in the course of the . applicant's business; ,. (f) Conviction of the applicant or licensee, any partner or shareholder of the applicant or licensee, any employee of the applicant er licensee within the preceding five (5) years, of any crime, petty misdemeanor or municipal ordinance relating to the general health, welfare, morals, and safety of the community; or (g) Habitual drunkenness or intemperance in the use of drugs including, but not limited to, the use of drugs defined in Minnesota Statutes 618.01, barbiturates, Page 112 5.612.10 hallucinogenic drugs, amphetamines, benzedrine, dexedrine or other sedatives, depressants, stimulants or tranquilizers; engaging in conduct involving moral turpitude or permitting or allowing others within their employ or agency to engage in conduct involving moral turpitude or failing to prevent agents, officers or employees in engaging in conduct involving moral turpitude. SEVERABILITY AND SAVINGS CLAUSE. If any section or portion of this ordinance shall be found unconstitutional er etherwise 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. SECTION 13: Section 5.613, of Ordinance No. 853, City Code of 1977, pertaining to the Licensing of Sexually Oriented Businesses, which currently reads as follows, to wit: The purpose and intent of this ordinance is to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the City of Columbia Heights and to establish reasonable and uniform regulations to: (c) Prevent additional criminal activity; bo Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood; c) To locate sexually oriented businesses away from residential areas, schools and churches; d) Prevent concentration of sexually oriented businesses within certain areas of the City. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restrictio.n on the content of any communicative materials, including sexually oriented adult materials. ,Similarly, it is not the int,~nt or effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First, Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. 5.613(1) (a) No person shall own or operate a Sexually oriented Business without having a valid license issued by the City 5.613 (2) Any of the following activities and businesses described below are "Sexually Oriented Business" as defined in this Code: Page 113 (a) Adult Body Painting Studio: An establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas." (b) Adult Book and Media Store: An establishment having as a substantial portion of its stock in trade or stock in display books, magazines, films, videotape or other media which are characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas." (c) Adult Cabaret: An establishment which provides dancing or other live entertainment, if such establishment excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction or description of "specified sexual activities" or "specified anatomical areas." (d) Adult Companionship Establishment: A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (e) Adult Establishment: Any business which offers its patrons services, entertainment or the sale of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussing er relating to "specified sexual activities" or "specified anatomical areas." (f) Adult Entertainment Uses: Adult uses include adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult-.., hotels/motels, adult body painting studios, and other premises, enterprises, i- establishments, businesses or places open to some or all members of the public, at, or in which there is an emphasis on the presentation, display, depiction or 'description of "specified sexual activities" or "specified anatomical areas." which are capable of being seen by members of the public. Activities classified as obscene as defined by Minnesota Statutes 617.241 are not included. (g) Adult Hotel or Motel: Adult hotel or motel means a hotel or motel room which minors are specifically excluded from patronage and where in material is presented which is distinguished or characterized by an emphasis on matter depicting, Page 114 describing or relating to "specified sexual activities" or "specified anatomical areas." (h) Adult Massage Parlor/Health Club: A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (i) Adult Mini-Motion Picture Theater: (i) An enclosed building with a capacity for less than 50 persons used for presenting motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas." (ii) Any business or building which presents motion pictures, including films and videotapes, having a as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas., for viewing on the premises, including but not limited to private booths, viewing by means of coin operated or other mechanical devices and the viewing of excerpts of motion pictures offered for sale or rent. (j) Adult Modeling Studio: An establishment whose major businessis the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" which being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. (k) Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or token-operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image- producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas". (I) Adult Motion Picture Theater; An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting live entertainment or motions pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. (m) Adult Novelty Business: A business which sells, offers to sell, or displays devices which stimulate human genitals or devices which are designed for sexual stimulation. 5.613 (3) (n) Adult Sauna: A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". For purposes of this section, the following words shall have the following meanings ascribed to them: (a) Church: A building or structure, or group of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and associated accessory uses. (b) School: A public school as defined in Minnesota Statutes 120.05 or a nonpublic school or a nonsectarian nonpublic school as defined in Minnesota Statutes 123.932. (c) Specified Anatomical Areas: Specified anatomical areas are any of the following: (i) Less than completely and opaquely covered: (a) human genitals, pubic region, or pubic hair; (b) buttock, and (c) female breast below a point immediately above the top of the areola; and (ii) Human mate genitals in e discernably turgid state, even if opaquely covered. (d) Specified Sexual Activities: (i) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory Page 116 5.613(4) 5.613(5) 5.613(6) functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty, or (ii) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or (iii) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or (iv) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or (v) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or (vi) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or (vii) Human excretion, urination, menstruation, vaginal or anal irrigation. Every Application for a license under this chapter shall be verified and filed with the City Clerk. Except as specifically provided in this Code, no person may erect, convert, enlarge, reconstruct or alter, or use any land or structure for any purpose nor in any manner which is not in conformity with this chapter. No Sexually Oriented Business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the City of Columbia Heights, the laws of the State of Minnesota, or the United States of America. Nothing in this ordinance shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale, or distribution of specified materials to minors. Page 117 5.613(7) All Sexually Oriented Businesses which were lawfully in existence as of the effective date of this ordinance and which were rendered nonconforming by the application of this ordinance shall be abated within three (3) years of the date of enactment of this chapter. 5.613 (8) (a) No Sexually Oriented Business may be located within 200 feet of any residential zoning district boundary or less than 500 feet from any church or school, or 150 feet from any park. (b) No Sexually Oriented Business may be located within 400 feet of another Sexually Oriented Business. 5.613 (9) No Sexually Oriented Business shall be open to the public between the hours of 11:00 p.m. and 8:00 a.m. of the following day. 5.613(10) (a) The premises on which a Sexually Oriented Business is located shall prevent off-site viewing of its merchandise by completely covering the windows and doors on its operation with an opaque covering. (b) Ail entrances to a Sexually Oriented Business, with the exception of emergency fire exits which are not usable by patrons to enter the business, shall be visible from a public right-of-way. (c) The layout of the display areas of a Sexually Oriented Business shall be designed so that the management of the establishment and any law enforcement personnel can observe all patrons while they ave access to any merchandise offered for sale or viewing including but not limited to books, magazines, photographs, videotapes, or any other persons or materials. (d) The exterior of the premises on which a Sexually Oriented Business is located shall be illuminated in a manner adequate to observe the location, activities, and identity of all persons on the exterior premises. (e) No premises on which a Sexually oriented Business is located shall contain partitions between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partition. (f) No premises on which a Sexually Oriented Business is located may have booths, stall, or partitioned portions of a room, or individual rooms, used for the viewing of motion pictures or any other form of entertainment, having doors, curtains or portal partitions, unless its booths, stalls, partitioned portions of a room, or individual rooms so used shall have at least one side open to an adjacent public room so that 5.613(11) 5.613 (12) 5.613 (13) area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a manner that the persons in the areas used for viewing motion pictures or any other form of entertainment are visible from the adjacent public room. No Sexually Oriented Business shall display a sign containing representational depictions of an adult nature or graphic description of an adult theme. (a) Any license issued under this chapter is valid only for the licensed premises. (b) Applications for license must be made on forms provided by the City. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of the total floor space occupied by the business. The sketch or diagram must be a drawing to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Once a license is granted, no change in the premises may be made without the applicant having first reepplied to the City and demonstrating that the applicant has complied with all of this chapter. (c) The applicant must furnish all the information required to be furnished by an applicant for an intoxicating liquor license under 5.503, except the information required by 5.503(4)(c)(x), and must furnish any other information required by the City relevant to any matters addressed by this chapter. (d) The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the health department, fire department, and building official. The City Manager shall recommend approval of the issuance of a license by the City to an applicant within forty-five days after the receipt of an application unless he finds one or more of the following to be true: (a) An applicant is under 18 years of age. (b) An applicant or an applicant's spouse is overdue in his payment to the City, County or State of Taxes, fees, fines, or penalties assessed against him or imposed upon him in relation to a Sexually Oriented Business. (c) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form. (d) An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating a Sexually Oriented Page 119 Business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. (e) An applicant is residing with a person who has been denied a license by the City to operate a Sexually Oriented Business within the preceding 12 months, or residing with a person whose license to operate a Sexually Oriented Business has been revoked within the preceding 12 months. (f) The premises to be used for the Sexually Oriented Business have not been approved by the health department, fire department, and the building official as being in compliance with applicable laws and ordinances; such inspections shall be completed within 30 days from the date the application was submitted, providing that the application contains all of the information required by this ordinance, If the application is deficient, the inspections shall be completed within 30 days from the date the deficiency has been corrected. (g) The license fee or investigation fee required by this chapter has not been paid. (h) An applicant has been employed in a Sexually Oriented Business in a managerial capacity within the preceding 12 months and has demonstrated that he is unable to operate or manage a Sexually Oriented Business premises in a peaceful and law abiding manner, thus necessitating action by law enforcement officers. (i) An applicant or applicant's spouse has been convicted of a crime involving any of the following offenses: Any sex crimes as defined by Minnesota Statutes 609.29 through 609.352 inclusive, or as defined by any ordinance or statute in conformity therewith; Any obscenity crime as defined by Minnesota Statutes 617.23 through 617.299 inclusive, or as defined by any ordinance or statute in conformity therewith; for which: -.., less than two years have elapsed since the date of conviction or the date of release ' from confinement imposed for the conviction, whichever is the later date, if the ' conviction is of a misdemeanor offense; tess than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; or less than five years have elapsed since the date of the last conviction or the date Page 120 5.613 (14) 5.613(15) 5.613(16) 5.613 (17) of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offense occurring within any 24 month period. (j) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse. (k) An applicant who has been convicted or whose spouse has been convicted of an offense listed in Subsection 5.613(13)(i)may qualify for a Sexually Oriented Business license only when the time period required by Subsection 5.613(13)(i) has elapsed. For purposes of this section, the requirements imposed on an applicant as a prerequisite to licenses shall apply if any person with an interest in the business or premises as disclosed by 5.613(12) shall fail to qualify for a license. The City Council shall act to approve or disapprove the license application within 120 days from the date the application was submitted, provided that the application contains all the information required by this ordinance. If the application is deficient, the Council shall act on the application within 120 days from the date that the deficiency had been corrected. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the Sexually Oriented Business. The license shall be posted in a conspicuous place at or near the entrance to the Sexually Oriented Business so that it may be easily read at any time. (a) Each license shall expire one (1) year from the date of issuance and may be renewed only by making an application as provided in this chapter. Application for renewal must be made at least 60 days before the expiration date of a current license, and when made less than 60 days before the expiration date of the current license, the expiration of the license will not be effected. (b) When the City denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final. The City may suspend a license for a period not to exceed thirty days if it determines that a licensee or an employee of a licensee has: Page 121 5.613 (18) (a) Violated or is not in compliance with any provisions of this chapter. (b) Engaged in excessive use of alcoholic beverages while on the Sexually Oriented Business premises. (c) Refused to allow an inspection of the Sexually Oriented Business premises as authorized by this chapter. (d) Knowingly permitted gambling by any person on the Sexually Oriented Business premises. (e) Demonstrated inability to operate ar manage a Sexually Oriented Business in a peaceful and law abiding manner, thus necessitating action by law enforcement officers. (f) Any violations of the provisions of 5.102 through 5.104, inclusive. The City shall revoke a license if it determines that: (a) (b) (o) (d) (e) (f) (g) (h) (i) (j) A licensee gave false or misleading information in the material submitted to the City during the application process. A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises. A licensee or an employee knowingly allowed prostitution on the premises. A licensee or an employee knowingly operated the Sexually Oriented Business during a period of time when the licensee's license was suspended. A licensee has been convicted of an offense listed in Section 5.613(13)(i) for which the time period required in Section 5.613(13)(i) has not elapsed. On two or more occasions within a 12 month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in Section 5.163(13)(i) for which a conviction has been obtained, and the person or persons were employees of the Sexually Oriented Business at the time the offenses were committed. A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises. A licensee is delinquent in payment to the County or State for hotel occupancy taxes, ad valorem taxes, ar sales taxes related to the Sexually Oriented Business. A licensee has committed an act for which the City may suspend the license pursuant to 5.613(17) and that the license has been suspended within the preceding 12 months. The fact that a conviction is being appealed shall have no effect on the revocation of the license. Page 122 5.613(19) 5.613 (20) 5.613 (21) (k) (I) Subsection 5.613(18)(g) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view. When the city revokes a license, the revocation shall continue for one year and the licensee shall not be issued a Sexually Oriented Business license for one year from the date revocation became effective, If, subsequent to revocation, the City finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the date the revocation became effective. If the license was revoked under Subsection 5.613(18)(e), an applicant may be granted another license until the appropriated number of years required under Section 5.613(13)(i) has elapsed. Any licensee shall not transfer this license to another, nor shall a licensee operate a Sexually Oriented Business under the authority of a license at any place other than the address designated in the application. Every section, provision or part of this chapter or any license issued pursuant to this chapter is declared severable from every other section, provision or part thereof to the extent that if any section, provision or part of this chapter or any license issued pursuant to this chapter shall be held invalid by a court of competent jurisdiction and shah not invalidate any other section, provision or part hereof. (a) (b) (c) (d) No person shall provide false information or misrepresent any fact or information under 5.613 (12) No person, including a licensee, owner, operator or employee, shall allow a minor to be on the licensed premises of a Sexually Oriented Business unless the minor is accompanied by the minor's current legal guardian. No person, including the licensee, owner, operator or employee, shall enter a Sexually Oriented Business open to the public if the premises on which the Sexually Oriented Business is located is in violation of this chapter. No person, including the licensee, owner, operator or employee, shall deny access to any building or housing official of the City or 8ny employee of the police department, health department or fire department to inspect the premises of a Sexually Oriented Business for the purpose of insuring compliance with the law at any time that the premises are occupied or open for business. Page 123 SHALL HEREAFTER BE RENAMED AND AMENDED TO READ AS FOLLOWS: SEXUALLY ORIENTED ADULT BUSINESSES The purpose and intent of this ordinance is to regulate sexually oriented adult businesses to promote the health, safety, morals and general welfare of the citizens of the City of Columbia Heights and to establish reasonable and uniform regulations to: (c) Prevent additional criminal activity; b. Prevent deterioration of neighborhoods and its consequent adverse effect on real estate values of properties within the neighborhood; c) To locate sexually oriented adult businesses away from residential areas, schools and churches; d) Prevent concentration of sexually oriented adult businesses within certain areas of the City. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented adult materials. Similarly, it is not the intent or effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. (a) No person shall own or operate a Sexually Oriented Business without having a valid license issued by the City. (b) Massage of any type must oomply with Section 5.612 of this ordinance. (c) All Sexually Oriented Adult Businasses shall oomply with the requirements of the Zoning Ordinance. Any of the following activities and businesses described below are "Sexually Oriented Adult Businesses" as defined in this Code: (al Adult Body Paintinq Studio: An establishment or business which provides the ,- service of applying paint or other substance whether transparent or nontransparent ~ to or on the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas." (b) Adult Book and Media Store: An establishment having as a substantial portion of its stock in trade or stock in display books, magazines, films, videotape or other media which are characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas." 5.613 (1) 5.613 (2) Page 124 (c) Adult Cabaret: An establishment which provides dancing or other live entertainment, if such establishment excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction or description of "specified sexual activities" or "specified anatomical areas." (d) Adult Companionship Establishment: A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." (e) Adult Establishment: Any business which offers its patrons services, entertainment or the sale of merchandise characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to "specified sexual activities" or "specified anatomical areas." (f) Adult Entertainment Uses: Adult uses include adult bookstores, adult motion picture theaters, adult mini.motion picture theaters, ;,~,~',t ~,,oss~ ~a;',~¢s, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas," which are capable of being seen by members of the public. Activities classified as obscene as defined by Minnesota Statutes 617.241 are not included. (g) Adult Hotel or Motel: Adult hotel or motel means a hotel or motel room which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting,. describing or relating to "specified sexual activities" or "specified anatomical ,~' areas." (i) Adult Mini-Motion Picture Theater: Page 125 (i) An enclosed building with e capacity for less than 50 persons used for presenting motion pictures, including but not limited to film and videotape, having as 8 dominant theme material distinguished or characterized by 8n emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas." (ii) Any business or building which presents motion pictures, including films 8nd videotapes, havin as e dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas., for viewing on the premises, including but not limited to private booths, viewing by means of coin operated or other mechanical devices and the viewing of excerpts of motion pictures offered for sale or rent. (j) Adult Modelinq Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" which being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. (k) Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or token.operated or electronically, electrically or mechanically controlled or operated still or motor picture machines, projectors or other image- producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas". (I) Adult Motion Picture Theater; An enclosed building with a capacity of 50 or more persons used regularly 8nd routinely for presenting live entertainment or motion pictures, including but not limited to film and videotape, having as a ~, dominant theme material distinguished or characterized by an emphasis on matter" depicting, describing, or relating to "specified sexual activities" or "specified' anatomical areas" for observation by patrons therein. (m) Adult Novelty Business: A business which sells, offers to sell, or displays devices which stimulate human genitals or devices which are designed for sexual stimulation. Page 126 5.613 (3) (n) Adult Sauna: A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". For purposes of this section, the following words shall have the following meanings ascribed to them: (a) .Church: A building or structure, or group of buildings or structures, which the design and construction are primarily intended for the conducting of organized religious services and associated accessory uses. (b) .School: A public school as defined in Minnesota Statutes 120.05 or a nonpublic school or a nonsectarian nonpublic school as defined in Minnesota Statutes 123.932. (c) .Specified Anatomical Areas: Specified anatomical areas are any of the following: (i) Less than completely and opaquely covered: (a) human genitals, pubic region, or pubic hair; (b) buttock, and (c) female breast below a point immediately above the top of the areola; and (ii) Human male genitals in a discernably turgid state, even if opaquely covered. {d) Specified Sexual Activities: (i) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty, or (ii) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or Page 127 5.613(4) 5.613(5) 5.613(6) 5.613(7) (iii) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or (iv) Fondling or touchino of nude human genitals, pubic region, buttocks or female breast; or (v) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or (vi) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or (vii) Human excretion, urination, menstruation, vaginal or anal irrigation. Every Application for a license under this chapter shall be verified and filed with the u,~y Clerk. Except as specificalJy provided in this Code, no person may erect, convert, enlarge, reconstruct or alter, or use any land or structure for any purpose nor in any manner which is not in conformity with this chapter. No Sexually Oriented Adult Business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the establishment which is prohibited by any ordinance of the City of Columbia Heights, the laws of the State of Minnesota, or the United States of America. Nothing in this ordinance shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale, or distribution of specified materials to minors, All Sexually Oriented Adult Businesses which were lawfully in existence as of the effective date of this ordinance and which were rendered nonconforming by the application of this ordinance shall be abated within three (3) years of the date of enactment of this chapter. 5.613(8) (a) No Sexually Oriented Business may be located within 200 feet of any Page 128 5.613(9) 5.613(10) residential zoning district boundary or less than 500 feet from any church or school, or 150 feet from any park. (b) No Sexually Oriented Business may be located within 400 feet of another Sexually Oriented Business. No Sexually Oriented Business shall be open to the public between the hours of 11:00 p.m. to 8:00 a.m. of the following day. (a)The premises on which a Sexually Oriented Business is located shall prevent off- site viewing of its merchandise by completely covering the windows and doors of its operation with an opaque covering. (b) All entrances to a Sexually Oriented Business, with the exception of emergency fire exits which are not usable by patrons to enter the business, shall be visible from a public right-of-way. (c) The layout of the display areas of a Sexually Oriented Business shall be designed so that the management of the establishment and any law enforcement personnel can observe all patrons while they have access to any merchandise offered for sale or viewing including but not limited to books, magazines, photographs, videotapes, or any other persons or materials. (d) The exterior of the premises on which a Sexually Oriented Business is located shall be illuminated in a manner adequate to observe the location, activities, and identity of all persons on the exterior premises. (e) No premises on which a Sexually Oriented Business is located shall contain partitions between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partition. (f) No premises on which a Sexually Oriented Business is located may have booths, stalls, or partitioned portions of a room, or individual rooms, used for the viewing of motion pictures or any other form of entertainment, having doors, curtains or portal partitions, unless its booths, stalls, partitioned portions of a room, or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a manner that the persons in the areas used for viewing motion pictures or any other form of entertainment are visible from the adjacent public room. Page 128 5.613(11) 5.613 (12) No Sexually Oriented Business shall display a sign containing representational depictions of an adult nature or graphic description of an adult theme. Application Process. Applications for a Sexually Oriented Adult Business ·hall ~ontain information as required on forms supplied by the City, fa~ Any license issued under this chapter is valid only for the licensed premises. The application shall state whether the applicant is · natural person, partnership, corporation or other form of erganization. A. Full legal name, place and date of birth, street residence address and length of time at that address of the applicant and, if married, also spouse B. Whether applicant has over used or been known by a name other than his true name and, if ·o, what was ouch name or names, and information c~ncerning dates and places where used. C. The street addresses at which applicant and present Mouse have lived during the preceding ten years. D. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant. Page130 E. Kind, name and location of every business or occupation applicant has been engaged in during the preceding ten (10) years. F. Names and addresses of applicant's employers and partners, if any, for the preceding ten (10) years. O. Whether applicant or spouse has ever been convicted of a felony, gross misdemeanor or misdemeanor, excluding traffic violations, and, if aa, the date and place of conviction and the nature of the offense. H. The names, residence and business addresses and telephone numbers of three persons of 9ood moral character not related to the applicant or financially interested in the premises or business who may be referred to as to the applicant's character or, in the case of a manager, the manager's character. These referrals shall be residents of the Twin City Metropolitan area unless either the applicant or the Columbia Heights Police Department can demonstrate to the Council that it would be preferable to have referrals from persons residing outside of Anoke County. I. If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. J. If the applicant is a corporation or other association, the following additional information shall be required. 1. Name and, if incorporated, the state of incorporation. 2. A true copy of the certificate of incorporation, articles of incorporation or association agreement and by-laws and, if a foreign corporation, a certificate of authority as described in Minnesota statutes. 3. The name of the operating officer or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant. As aaed in this Chapter, the term "operating officer" shall mean the person responsible for the day.to.day aperating decisions of the licensed premises. Page131 4. A list of all persons who, singly or together with their spouse, or a parent, brother, sister or child or either of them, own or control an interest in said corporation or · esociation in excess of five percent (5%) or who are officers or directors of said corporation or ·esociation; together with their addresses and all information as is required of · single applicant. K. The full legal name, address and home phone number of the man·gar or proprietor of the business. L. Each application shall be accompanied by a statement indicating the amount of investment the applicant has in the business, building, premises, fixtures, furniture, stock in trade, etc. and proof of source of such money. M. Whether the applicant holds a current license for the operation of a similar business from ·ny other governmental unit. N. Whether the applicant has previously been denied a license from any other governmental agency. O. The application must be accompanied by a sketch or diagram showing the configuration of the interior of the premises, including a statement of the total floor space occupied by the business. The sketch or diagram must be a drawing to a designated scale or drawn with marked dimensions of the interior ef the premises to an accuracy ef plus or minus six inches. Once a license is granted, no change in the premises may be made without the applicant having first reapplied to the City ·nd demonstrating that the applicant has complied with ail of the requirements of this chapter. P. Whenever the application is for · premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by · set of preliminary pi·ns showing the design of the proposed premises to be licensed. If the pi·ns or design are on file with the City of Columbia Heights Building Inspection Department, no pi·ns need be submitted with the issuing authori~. O. The exact legal description of the premises to be licensed, together with · plot/site plan of the ·rea for which the license is sought showing dimensions, location of buildings, street access parking facilities. The site plan must also include the location and distances to the nearest church building and school. Page132 R. Whether or not all real estate and personal property taxes for the premises to be licensed which are due and payable have been paid and if not paid, the years and amounts which are unpaid. S. Such other information as the City Council or issuing authority may require relevant to any matters addressed by this chapter. No person shall make any false statement in the application. In addition to other penalties, the license may be revoked by the City Council for giving false information on the application. By submitting an application, the applicant consents to any and oil investigations the City deems appropriate and waives any claims the applicant may have. Copies of the application shall be submitted te such other City departments as the City Council shall deem necessary for the verification and investigation of the facts set forth in the application. The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the health department, fire department, and building official. 5.613 (13) The Clerk C;t¥ M~,ag~[ shall rec~nfrm~ refer consideration at~ of the issuance of a license by the City to ar, app',;c~:,t the City Council within forty-five days after the receipt of an application unless he finds one or more of the following to be true: (a) An applicant is under 18 years of age. (b) An applicant or an applicant's spouse is overdue in his payment to the City, County or State of Taxes, fees, fines, or penalties assessed against him or imposed upon him in relation to a Sexually Oriented Business. (c) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form. (d) An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating a Sexually Oriented l~usiness without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. (e) An applicant is residing with a person who has been denied a license by the City to operate a Sexually Oriented Business within the preceding 12 months, or residing with a person whose license to operate a Sexually Oriented Business has been revoked within the preceding 12 months. Page 133 (f) The premises to be used for the Sexually Oriented Business have not been approved by the health department, fire department, and the building official as being in compliance with applicable laws and ordinances; such inspections shall be completed within 30 days from the date the application was submitted, provided that the application contains all of the information required by this ordinance. If the application is deficient, the inspections shall be completed within 30 days from the date the deficiency has been corrected. (g) The license fee or investigation fee required by this chapter has not been paid. (h) An applicant has been employed in a Sexually Oriented Business in a managerial capacity within the preceding 12 months and has demonstrated that he is unable to operate or manage a Sexually Oriented Business premises in a peaceful and law abiding manner, thus necessitating action by law enforcement officers. (i) An applicant or applicant's spouse has been convicted of a crime involving any of the following offenses: 1. Any sex crimes as defined by Minnesota Statutes ............. .""~'~ '~"'~ ~,nc',us',~'e, or as defined by any ordinance or statute in conformity therewith; 2. Any obscenity crime as defined by Minnesota Statutes ............. :' by ity ,,,,.--oo ,,,,.,,,~,~, or as defined any ordinance or statute in conform therewith; for which: 1. less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; 2. less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; or 3. less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offense occurring within any 24 month period. (j) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse. 5.613 (14) 5.613(15) 5.613(16) 5.613(17) (k) An applicant who has been convicted or whose spouse has been convicted of an offense listed in Subsection 5.613(13)(i) may qualify for a Sexually Oriented Business license only when the time period required by Subsection 5.613(13)(i) has elapsed. For purposes of this section, the requirements imposed on an applicant as a prerequisite to licenses shall apply if any person with an interest in the business or premises as disclosed by 5.613(12) shall fail to qualify for a license. The City Council shall act to approve or disapprove the license application within 120 days from the date the application was submitted, provided that the application contains all the information required by this ordinance. If the application is deficient, the City Council shall act on the application within 120 days from the date that the deficiency had been corrected. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the Sexually Oriented Business. The license shall be posted in a conspicuous place at or near the entrance to the Sexually Oriented Business so that it may be easily read at any time. (a) Each license shall expire on December 31 of each year ~,~ ,4, ,~o,~ ,, iss,~,c~ ~;,~ and may be renewed only by making an application as provided in this chapter. Application for renewal must be made at least 60 days before the expiration date of a current license, and when made less than 60 days before the expiration date of the current license, the expiration of the license will not be effected. (b) When the City denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial, if, subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final. The City may suspend e license for a period not to exceed thirty days if it determines that a licensee or an employee of a licensee has: (a) Violated or is not in compliance with any provisions of this chapter. (b) Engaged in excessive use of alcoholic beverages while on the Sexually Oriented Business premises. Page 135 5.613 (18) (c) Refused to allow an inspection of the Sexually Oriented Business premises as authorized by this chapter. (d) Knowingly permitted gambling by any person on the Sexually Oriented Business premises. (e) Demonstrated inability to operate or manage a Sexually Oriented Business in a peaceful and law abiding manner, thus necessitating action by law enforcement officers. (f) Any violations of the general provisions of the Licensing Procedures, 5.102 through 5.104, inclusive. The City shall revoke a license if it determines that: (a) (c) (d) (e) (f) A licensee gave false or misleading information in the material submitted tc the City during the application process. (g) A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises. A licensee or an employee knowingly allowed prostitution on the premises. A licensee or an employee knowingly operated the Sexually Oriented Business during a period of time when the licensee's license was suspended. A licensee has been convicted of an offense listed in Section 5.613(13)(i) for which the time period required in Section 5.613(13)(i) has not elapsed. On two or more occasions within a 12 month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in Section 5.613(13)(i) for which a conviction has been obtained, and the person or persons were employees of the Sexually Oriented Business at the time the offenses were committed. A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises. Page 138 5.613 (19) 5.613 (20) 5.613(21) (h) A licensee is delinquent in payment to the County or State for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the Sexually Oriented I~usiness. (il A licensee has committed an act for which the City may suspend the license pursuant to 5.613(17) and that the license has been suspended within the preceding 12 months. (j) The fact that a conviction is being appealed shall have no effect on the revocation of the license. (k) Subsection 5.613(18)(9) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view. When the city revokes a license, the revocation shall continue for one year and the licensee shall not be issued e Sexually Oriented Business license for one year from the date revocation became effective. If, subsequent to revocation, the City finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the date the revocation became effective. If the license was revoked under Subsection 5.613(18)(e), and applicant may be granted another license until the appropriated number of years required under Section 5.613(13)(i) has elapsed. A licensee shall not transfer this license to another, nor shall a licensee operate a Sexually Oriented Business under the authority of a license at any place other than the address designated in the application. Every section, provision or part of this chapter or any license issued pursuant to this chapter is declared severable from every other section, provision or part thereof to the extent that if any section, provision or part of this chapter or any license issued pursuant to this chapter shall be held invalid by a court of competent jurisdiction and shall not invalidate any other section, provision or part hereof. (a) No person shall provide false information or misrepresent any fact or information under 5.613 (12). Page 137 (b) (c) (d) No person, including a licensee, owner, operator or employee, shall allow a minor to be on the licensed premises of a Sexually Oriented Business unless the minor is accompanied by the minor's current legal guardian. No person, including the licensee, owner, operator or employee, shall enter a Sexually Oriented Business open to the public if the premises on which the Sexually Oriented Business is located is in violation of this chapter. No person, including the licensee, owner, operator or employee, shall deny access to any building or housing official of the City or any employee of the police department, health department or fire department to inspect the premises of a Sexually Oriented Business for the purpose of insuring compliance with the law at any time that the premises are occupied or open for business. CHAPTER 6 SECTION 3: 6.303(1) 6.303(2) 6.303(3) 6.303(4) Section 6.303 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Courtesy Benches which currently reads as follows, to wit: No person, firm, partnership or corporation shall install or maintain a courtesy bench for the convenience of bus or taxicab patrons on or along any public sidewalk or way without a permit approved by the Council pursuant to the provisions of this section. Application for a permit for each such bench shall be filed with the Clerk, shall indicate the proposed location, and shall include specific plans and specifications for each proposed bench. The application shall be accompanied by a written statement signed by the abutting property owner or the owner of the property on which the bench will be located :' granting consent to the proposed location of such bench. The application shall be forwarded to the City Engineer for recommendations. The Engineer may recommend that the permit not be granted if: (a) The bench would be situated so as to cause unreasonable congestion and disruption to pedestrian traffic flow or otherwise create a hazard or detriment to the public safety, convenience or welfare. Page 6.303(5) 8.303(6) (b) The bench would be situated in an alley. (c) The bench would be situated at a location whereby the distance from the face of the curb to the inside sidewalk line is less than eight feet. (d) The bench would be situated more than twenty.five feet from the nearest point of intersection with a street. Installation of courtesy benches for which a permit has been issued shall be subject to the following conditions: (a) Each courtesy bench shall be installed parallel with the curb and set back not less than eighteen (18) inches from the face of the curb. (b) No bench shall be more than forty-two (42)inches high nor more than thirty (30) inches wide or seven (7) feet long over all, (c) Each bench shall have displayed thereon, in a conspicuous place, the permit number, and (d) Advertising matter or signs shall only be displayed by the permittee upon the front and rear surfaces of the backrest. No obscene, immoral or indecent advertising or pictures shall be displayed. No advertising matter or sign on any bench shall display the words "STOP", "LOOK", "DRIVE IN", "DANGER", or any other word, phrase or symbol which might interfere with, mislead, or distract traffic. The permittee of each courtesy bench shall maintain each bench in a safe condition for public use. Prior to the issuance of the permit by the Clerk, the applicant shall present proof of a bond or public liability insurance policy to indemnify and save harmless the City for any and all damages, costs, or liability which may result from or arise out of the installation, maintenance, or removal of said bench. The bond or policy of insurance shall be maintained in its original amount by the permittee at his expense at all times during the period for which the permit is in effect, in the event that two or more permits are issued to one permittee, one such bond or policy of insurance may be furnished to cover two or more benches, and each such bond or policy shall be of a type which coverage shall automatically be restored immediately after the occurrence of any accident or loss from which liability may thereafter accrue. Page 139 (b) The limit of liability upon any bond or policy of insurance so posted shall in no case be less than $100,000 for a loss, bodily injuries to or death occurring to one person. The permissible limit of liability for loss, bodily injuries, death of more than one person shall depend upon the number of bench permits covered thereby and shall not be less than the amount specified in the following schedule: .Number of Bench Permits Limits of Liabilitv 1 to 10 $100,000.00 11 to 50 300,000.00 51 to 100 500,000.00 101 or more 1,000,000.00 6.303(7) Permits shall be issued for a term of one year. Fees shall be established by annual resolution of the Council. Permits may be renewed without further consent of the abutting landowner, unless written objection to such permit renewal has been filed with the Clerk. 6.303(8) Permits may be revoked for failure to comply with the conditions prescribed by this section, or if the location of said bench has been shown to cause congestion or obstruct passage by pedestrians. 6.303(9) The permittee shall remove a courtesy bench within ten days after the revocation or expiration of the permit. If the permittee fails to remove a bench, the Manager may do so within the (1 O) days after written notice by mail. If the permittee shall fail to pay the cost of removal and storage thereof within a period of sixty (60) days after the giving of such notice, the permittee's rights in said bench shall be forfeited, but such forfeiture shall not excuse the permittee from the payment of the cost of removal and storage of said bench. SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS: 6.303(1) No person, firm, partnership or corporation shall install or maintain a courtesy bench for the convenience of bus or taxicab patrons on or along any public sidewalk or way without ~ li,~nse approved by the Council pursuant to the provisions of this section. 6.303(2) Application for a permit license for each such bench shall be filed with the Clerk, shall indicate the proposed location, and shall include specific plans and specifications for each proposed bench. Page 140 6.303(3)N-) 6.303(4)~J-) 6.303(6) The application shall be forwarded to the City Engineer for recommendations. The Engineer may recommend that the license penrrff not be granted if: (a) The bench would be situated so as to cause unreasonable congestion and disruption to pedestrian traffic flow or otherwise create a hazard or detriment to the public safety, convenience or welfare. (b) The bench would be situated in an alley. (c) The bench would be situated at a location whereby the distance from the face of the curb to the inside sidewalk line is less than eight feet. (d) The bench would be situated more than twenty-five feet from the nearest point of intersection with a street. Installation of courtesy benches for which a license ~6;a;it has been issued shall be subject to the following conditions: Each courtesy bench shall be installed parallel with the curb and set back not less than eighteen (18) inches from the face of the curb. (b) No bench shall be more than forty-two (42)inches high nor more than thirty (30) inches wide or seven (7) feet long over all, (c)~ Advertising matter or signs shall only be displayed by the license hoide~ upon the front and rear surfaces of the backrest. Nou,~o,,=,,=, .............,,,,,,,,,, o, ~ ,,,,,=,.=,,, advertising or pictures shall be displayed ,'~, ....... igh nDA~G~", ~, ahy~,,,~, ................. ~,~, ~,,,=~ ~ =7,,,~1 which m t interfere with, mislead, or distract traffic. The license holder-permittee of each courtesy bench shall maintain each bench in a safe condition for public use. Prior to the issuance of the permit by the Clerk, the applicant shall present proof of a bond or public liability insurance policy to Page 141 indemnify and save harmless the City for any and all damages, costs, or liability which may result from or arise out of the installation, maintenance, or removal of said bench. (a) The bond or policy of insurance shall be maintained in its original amount by the license holder pem?ittee at hislher expense at all times during the period for which the license-pem~ is in effect. In the event that two or more licenses pernuts are issued to one license holder l:er, fi~, one such bond or policy of insurance may be furnished to cover two or more benches, and each such bond or policy shall be of a type which coverage shall automatically be restored immediately after the occurrence of any accident or loss from which liability may thereafter accrue. (b) The limit of liability upon any bond or policy of insurance so posted shall in no case be less than $300,000 ~ 100,000 for a loss, bodily injuries to or death occurring to one person or not less than $700,000 per occurrence. T~-,6 ................ ~f 6.303(7) 6.303(8) Licenses-~em?its shall be issued for a term of January 1 through December 31 :" of &ach year and shall be annually renewable m~'-Te~. Fees shall be" established by annual resolution of the Council.· Licenses ~'6~,,,;ts may be revoked for failure to comply with the conditions prescribed by this section, or if the location of said bench has been shown to cause congestion or obstruct passage by pedestrians. Page 142 6.303(9) The license holde~ shall remove a courtesy bench within ten days after the revocation or expiration of the permit. If the license holde~ fails to remove a bench, the City ~ may do so within ten (10) days after written notice by mail. If the license holde~ shall fail to pay the cost of removal and storage thereof within a period of sixty (60) days after the giving of such notice, the license holder's ~ rights in said bench shall be forfeited, but such forfeiture shall not excuse the license holder l~,,rmitte~ from the payment of the cost of removal and storage of said bench. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: 9/28/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: 4 PUBLIC WORKS. ITEM: PAYMENT OF INVOICE TO METROPOLITAN BY: K. Hanse~j BY: COUNCIL ENVIRONMENTAL SERVICES FOR WORK DATE: 9/24/8x9[~}~7-~ DATE: PERFORMED AT 45TM AVENUE AND 2 ½ STREET ~'I~ Background: Attached please f'md an invoice from MCES in the amount of $40,703.70 and correspondence from the Assistant General Manager of MCES regarding the emergency repairs made at 45~ and 2 ½ St. The work was for the reconstruction of manhole 26A and replacement of inside drops in the same manhole. These costs represent a 50% cost split with MCES for the manhole and 100% cost to the City for the two inside drops which provide service to City lines. Analysis/Conclusions: This issue has been before the Council several times this summer. Repairs to City sanitary sewer lines were previously approved by the Council. After the most recent discussion with Council regarding the manhole, Council Member Jolly, the City Manager and Public Works Director met with representatives of MCES to discuss the repairs and proposed cost share. It was concluded that a 50/50cost split between the City and MCES did represent a reasonable cost split for the work performed. Another issue was the City of Hilltop's potential contribution. Public Works staff did meet with Hilltop and concluded that the costs that Hilltop pays does include a provision for maintenance of facilities. Recommended Motion: Move to approve payment of MCES Invoice #13560 in the amount of $40,703.70 fi.om Sanitary Sewer Construction Fund #652-49499 -5130. KH:jb 98-327 Attachment: MCES Invoice #13560 COUNCIL ACTION: ~~ Metropolitan Council Working for the Region, Z'lanning for the Future INVOICE RECEIVED ~II~i M fi t99~ En ~ir o n rn~fun~l~ ~~ s TO: CITY OF COLUMBIA HEIGHTS Accounts Payable 637 38TM Avenue N.E. Columbia Heights, MN 54421-3878 Invoice Date: 08~24~98 Our Invoice #: 13560 Customer #: 7000-442 Description of Billing: This invoice is for the emergency repair work to repair the MCES sewer at 2 1/2na and 45~ Per the letter of 8/12/98 from William/V[oell?r. M.H. 26A $32,521.30 Replacing Drop Pipes $ 8,182.40 Due Date: 09/24/98 Total Due: $40,703.70 Mail Payment To: Metropolitan Council Environmental Services SDS 12-1064 P.O. Box 86 Minneapolis, MN 55486-1064 Questions on your billing? (651) 602-1189 Metropolitan Council Working for the Region, Planning for the Future Environmental Services August 12, 1998 Kevin Hansen Public Works Director City of Columbia Heights 637 38th Ave. N.E. Columbia Heights, MN 54421-3878 Dear Mr. Hansen: · The emergency repair work to repair the MCES sewer at 2½nd & 45th has been completed by Barbarossa & Sons. This work involved the oversizing of the M.H. 26 structure to accommodate replacement of the City's drop pipes, which had failed. In our meeting on June 8, 1998, we agreed that the replacement cost for M.H. 26A would be split evenly between the MCES and the City. The attached breakdown details the time and materials associated with repair of MCES and City facilities. The work done to replace M.H. 26A was accomplished between 6/16 and 6/26. The work done to replace the drop pipes was performed on 6/24. The cost to the City for M.H. 26A is $32,521.30 and the cost of replacing the the drop pipes was $8,182.40 for a total of $40,703.70. MCES will invoice the City in the near future. If you have any questions regarding the costs associated with this repair work, feel free to contact me or Bill Knoff at 602-4026. Very truly yours, William P. Moeller, Jr., P.E. Assistant General Manager (651) 602-4504 ,t cc: Bill Knoff Lois Spear 230 East Fifth Street St. Paul, Minnesota 55101-1633 (612) 222-8423 An Equal Opportunity Empioyer Fax 229-2183 TDD/TTY 229-3760 CITY COUNCIL LETTER Meeting of: September 28, 1998 AGENDA SECTION: ORIGINATING CITY NO. 4 Consent Agenda DEPARTMENT: MANAGER'S Administration APPROVAL  } BY: J. Student BY: ITEM: Donation to Fireworks ~'~ ' DATE: September 24, 1998 DATE: At the September 21, 1998 Council Work Session, Council_member Ruettimann requested that the Council consider making a donation of $1,000 to the fireworks display being put on for the dedication of the High School football field on Friday, October 2, 1998. This display is being done by B.J. Erickson Pyrotechnics. Councilmember Ruettimann recommended that the funding for the donation be taken from the Mayor/Council Contingency Fund. MOTION: Move to approve a donation of $1,000 from the Mayor/Council Contingency Fund for the fireworks display by B. J. Erickson Pyrotechnics on October 2, 1998 for the dedication of the newly refurbished football field at the Columbia Heights High School. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: September 28, 1998 AGEND.A~ECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: ~ Recreation APPROVAL ITEM: Res~;.No. 98-81 youth C.o~mission BY: MattLinngren BY: NO: By- Law Amenqlmen t ~-' i~ DATE: September 24, 1998 Background: At the Youth Initiative Commission meeting on August 17, 1998, the Commission by majority vote adopted the attached proposed amendments and recommended that they be forwarded to the City Council for approval. As required by Article VII of the By-Laws, notice of such amendment request is required to be delivered to the City Council at its preceding regular meeting. Said notification ~vas given to the City Council at its meeting on September 14, 1998. At the City Council work session on September 21, 1998, concerns were raised by the Council over some of the recommended changes to Article IV, Sections 4 & 5. It ~vas proposed that at this time, only the changes to Article III, Section 2 (which clarifies some language regarding membership and allows charter members to serve a 2nd consecutive term) be adopted. RECOM2V[ENDED MOTION: Move to ~vaive the reading of Resolution 98-81, there being ample copies available to the public. Move to adopt Resolution 98-81 being a Resolution amending Resolution 97-38, pertaining to the By-Laws and Procedures of the Columbia Heights Youth Initiative CommSssion. COUNCIL ACTION: RESOLUTION NO. 98-81 BEING A RESOLUTION AMENDING RESOLUTION NO. 97-38, PERTAINING TO THE BY-LAWS AND PROCEDURES OF THE COLUMBIA HEIGHTS YOUTH INITIATIVE COMMISSION RESOLUTION NO. 97-38 SHALL HEREAFTER BE AMF, NDED TO READ AS FOLLOWS: BEING A RESOLUTION ESTABLISHING THE CITY OF COLUMBIA HEIGHTS' YOUTH INITIATIVE COMMISSION AND APPROVING ITS BY-LAWS AND PROCEDURES BE IT RESOLVED BY THE YOUTH INITIATIVE COMMISSION OF THE CITY OF COLUMBIA HEIGHTS, that the following rules of procedure are adopted: ARTICLE I. NAME WHEREAS: The Youth Initiative Commission is established and so named in accord with City Code. ARTICLE II. PURPOSES AND OBJECTIVES WHEREAS: The goals of the Youth Commission are as follows: · To advocate for youth and their environment as a community priority; · To promote the development of youth socially, emotionally, spiritually, educationally and physically; · To identify and prioritize unmet needs of area youth; · To recommend strategies and solutions to meet identified needs of youth; · To encourage community and school involvement through dissemination of information; · To evaluate commission activities on an ongoing basis; · To promote the seven identified core values of Values First. ARTICLE III. MEMBERSHIP AND VOTING Section 1. WHEREAS: The Youth Initiative Commission shall consist of sixteen (16) representatives. Fourteen (t4) are chosen from students attending schools licensed by the State of Mirmesota and home schools located within the City of Columbia Heights. Section 2. WHEREAS: The distribution of the fourteen (14) students selected fi:om,..u,~***,,,~"'-' ..... '-' ~,~,,,~,~,~ schools located within Columbia Heights is are as follows: Three from grade 12 Three fi:om grade 11 Two fi:om grade 10 Two from grade 9 Two fi:om grade 8 Two fi:om grade 7 T~vo ~ youths who reside within the corporate limits of Columbia Heights and/or Hilltop but do not attend a school located xvithin Columbia Heights are also selected to serve as at-large members of the Commission.**,~,, ~ ........ ~,,,**'"-'~- tl~e WHEREAS' The Commission itself will have input in the selection process. WHEREAS: No student shall serve as a youth member on the Commission beyond August 31st in the year in which the you~aduates ***,,,, ,~,,,,,0,,~ **~,~,,,~ ***~,, o~,,,~, or in which they reach 19 years of age or if they cease to be enrolled in,~,~,~,,,~,,,~'~-' ..... '-' .... '-' ..... '-'-~,,~,, ° -'- - -' school. 111511 WHEREAS: Youths are limited to one single consecutive two year term. The youth may reapply after one year's absence fi:om the Commission as voting member. Charter members of the Commission shall be exempt from the prohibition on serving two consecutive terms. WHEREAS: Each member of the Commission shall be entitled to vote at all regular and special meetings of the Commission. WHEREAS: Youths with expired terms can act as advisors but not have voting privileges. Section 3. WHEREAS: Anytime a member does not record his/her vote, an abstention must be entered as such in the minutes with a reason recorded. ARTICLE IV. MEETINGS OF THE COMMISSION Section 1. WHEREAS: Regular meetings of the Commission shall be held each month. Specific times and locations to be determined at the first meeting along with the selection of officers. Section 2. WHEREAS: A majority of the members of the Commission shall constitute a quorum in order to accomplish Commission business. Section 3. WHEREAS: At least three days' notice reminder of each monthly and special meeting shall be given to each member of the Commission either personally or by mail addressed to such member at the address appearing from the records of the Commission. WHEREAS: Such notice shall state the date, time, place and purpose of the meeting. Section 4. WHEREAS: Any Commission member missing three meetings without satisfactory explanation to the Commission may forfeit his/her membership. The Commission, by resolution, may recommend to the City Council and School District #13 that such a member be replaced by a person to serve the remainder of that member's term. Section 5. WHEREAS: A Commission member who attends a meeting of the City Council and/or School Board as a representative of the Commission should follow these guidelines: 1) Copies of any report should be made available to each member of the Council and/or School Board. Such a report may be delivered orally. 2) The representative should answer questions about the Commission's policies if these are addressed to him/her by the Council and/or School Board. 3) The representative should support the Commission's majority report and should not present his/her own point of view nor that of the minority unless specifically asked. 4) The representative may ask the Council and/or School Board to meet jointly with the Commission before making a determination which reverses or is contrary to the recommendation of the Commission. 5) Meetings for the summer months, June-July-August; can be suspended by a majority vote of the Commission. ARTICLE V. OFFICERS The officers of the Youth Initiative Commission shall be Chairperson, Vice Chairperson and Secretary. 1) The Chairperson shall preside at all meetings. The duties of this office shall also include; initiating meetings, calling meetings to order; doing public presentations or delegating another member to do so; encouraging participation from all committee members; following up on problems of member non-attendance; arranging for speakers at committee meetings; setting up agenda. 2) The Vice Chairperson shall perform all the duties of the Chairperson in his/her absence. The duties of this office shall also include; assisting Chairperson with any agreed upon task; perform duties of administrative recorder in his or her absence; securing another member to perform these duties; setting up agenda. 3) A Secretary shall be elected to serve in the absence of the Chairperson to open any meeting. The duties of this office shall also include; recording member attendance at meetings; informing chairperson of members that are reaching absence limit; taking minutes at meetings; setting up agenda; official correspondence; seeing that staff person receives minutes/agenda by deadline; meeting with staff person at recorder's convenience for editing. 4) The Secretary shall be responsible for keeping records of the Commission and performing such other services for the Commission as are customary to this role. Section C. ELECTION OF OFFICERS The members shall elect all officers for the Youth Commission for terms of one year and each shall hold office until they shall resign or shall be removed or disqualified or until their successors are elected. Elections shall be held in September of each year. Section D. VACANCIES OF OFFICERS In case any office of the Youth Commission becomes vacant by resignation, retirement, removal, disqualification, illness, death or any other cause, a majority vote of the membership, shall elect an officer to fill the unexpired term. The officer elected shall hold office and serve until the next election of officers. ARTICLE VI SUBCOMMITTEES Section 1. The Chairperson shall appoint subcommittees as needed. Section 2. The Chairperson may appoint a chairperson for each subcommittee or may serve in this capacity him/herself. Section 3. The Chairperson is an ex-officio member of all subcommittees. ARTICLE VII AMENDMENTS TO BYLAWS These bylaws may be amended by the City Council by a recommendation of the majority of the Commission at any regular meeting providing notices of such amendment request is given at the preceding regular meeting. ARTICLE VIII RULES Except where otherwise provided by these rules, the proceedings of the Commission shall be governed by Roberts Rules of Order, Revised. NOW, THEREFORE BE IT RESOLVED that the Columbia Heights City Council hereby establishes a Youth Initiative Commission and approves its bylaws and procedures. Passed this 28th day of September, 1998. Offered by: Rue t t i rna n n Seconded by: Peter son Roll call: A11 ayes Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant CITY COUNCIL LETTER Meeting of: September 28, 1998 AGENDA SECTION: CONSENT ORIGI2NATING CITY NO: DEPARTMENT: MANAGER'S ~/~ CITY MANAGER'S APPROV&L~ PROCED~~ t_~ ~ DATE: 9-23-98 DATE: NO: For many years, the procedure for handling block party requests that require a street to be blocked off.required several steps. They are as follows: 1. First, the citizen makes a request to the City, indicating date, time, and street to be blocked. 2. A council letter is prepared by the Police Department summarizing the citizen's request. 3. The council item is then placed on the consent agenda at the next regularly scheduled council meeting. 4. The council approves the request. 5. The City Manager sends a letter to the citizen informing them that the request has been approved with conditions as stated in the letter. 6. Copies of that letter are then distributed to the Police Chief, Fire Chief, Public Works Director, and the Public Works Superintendent. This is the procedure that has been followed for each individual request. This process produces a great amount of time and paperwork (duplicating the councilletters and citizen request forms, adding several lines to the council agenda, and duplicating the confirming letter to the citizen and those stated in #6 above). For example, at the July 27th, 1998, City Council meeting, there were approximately a dozen requests for block parties requiting street closure. It has been suggested, and I concur, that this item could just be approved internally (by the City Manager or his/her designee, thePolice Chief), and the Fire Department, the Public Works Director, and the Public Works Superintendent would be notified. Council members could be notified of the locations and dates of the block parties by means of a report to the Council on each agenda. In other words, this would mean that these items would not appear on the council agenda for action, but would be approved administratively. So the new procedure would begin, a resolution for your consideration is attached. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 98-83, being a resolution delegating authority from the City Council to the City Manager or his/her designee to approve block party requests requiting street closures. COUNCIL ACTION: RESOLUTION NO. 98- 83 RESOLUTION DELEGATING AUTHORITY FROM T[II~ CITY COUNCIL TO THE CITY MANAGER OR HIS/HER DESIGNEE TO APPROVE BLOCK PARTY REQUESTS REQUIRI2NG STREET CLOSURES WHEREAS, the existing procedure authorizes the City Council to approve block party requests requiring street closures; and WHEREAS, the existing procedure for processing such a request requires extensive paperwork involving the citizen, the Police Department, Fire Department, Public Works Department, and Administration; and WH]5;REAS, in order to process such requests more efficiently, it is proposed that the City Manager or his/her designee be delegated the authority to approve such request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights hereby delegates to the City Manager or his/her designee the authority to approve block party requests requiting street closures. This delegation of authority shall be effective the date of passage of this resolution. Passed this 28th day of September Offered by: Ruett imann Seconded by: P~ter son Roll Call: A11 ayes ,1998. Joseph Smrdevant, Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: September 28, 1998 AGENDA SECTION: CONSENT ORIGINATING CITY NO: DEPARTMENT: MANAGER'S ~ CITY MANAGER'S APPROVAL REQUESTS/APPROVAL PROCEDURE DATE: 9-23-98 DATE NO: ~//'"' I' For many years, the procedure for handling requests to serve beer in the parks required several steps. They are as follows: 1. First, the citizen makes a request to the Park and Recreation Commission. 2. The Park and Recreation Commission approves the request. 3. The Recreation Department prepares a council letter for the next regularly scheduled council meeting. 4. The council approves the request. 5. The City Manager sends a confirming letter to the person making the request. 6. Copies of the letter are distributed to the Recreation Director and the Police Department. This is the procedure that has been followed for each individual request. It has been brought to my attention that this process produces an inefficient and slow response. We are recommending that these items be approved administratively by the City Manager or his/her designee (the Recreation Director). Then the Recreation Department would notify the Police Department of the date, location, and time. Council members could be notified of the permits by means ora report on each Council agenda... In other words, this would mean that these items would not appear on the council agenda for action, and would be approved administratively. So the new procedure would begin, a resolution for your consideration is attached. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 98- t~ ~, being a resolution delegating authority from the City Council to the City Manager (or his/her designee) to approve requests to serve beer in our city parks. COUNCI:L ACTION: RESOLUTION NO. 98 - 8/4 RESOLUTION DELEGATING AUTHORITY FROM THE CITY COUNCIL TO APPROVE REQUESTS TO SERVE BEER IN CITY PARKS WHEREAS, the existing procedure authorizes the City Council to approve requests to serve beer in the city parks; and WHEREAS, the existing procedure for processing such a request requires extensive time and paperwork involving the citizen, the Recreation Department, Police Department, Public Works Department, and Administration; and WHEREAS, in order to process such requests more efficiently, it is proposed to delegate to the City Manager (or his/her designee) the authority to approve all such requests. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights hereby delegates to the City Manager (or his/her designee) the authority to approve requests to serve beer in our city parks. This authority shall be effective the date of'passage of this resolution. Passed this 28th day of September Offered by: Ruett [mann Seconded by: Peterson Roll Call: AIl ayes 1998. Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER September 28, Meeting of: . · .' ' AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: ~"~ Fire ITEM: Establish Hearing Dates BY: Charlie Kewatt BY~/'/-~.,~'.~.~ ~ License Revocation, Rental PropDi,es · NO: qt ,.] DATE: September 22, 1998 DATE: Revocation or suspension ora license to operate a rental property within the City of Columbia Heights is requested against the following owner regarding his/her rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. Richard Stueland ................................ 1035 45th Avenue 2. Ivan Ludeman .................................... 4648 Polk Street & 4640 Polk Street 3. Lynde Investment Company ....................... 4050, 4060, 4100, 4120 4th Street. .............................................. 4425, 4433, 4441, 4707, 4715 .............................................. 5121, 5131, 5 t 41 University Avenue. RECOMMENDED MOTION: Move to Establish a Hearing Date of October 26, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Richard Stueland for the property_ at 1035 45th Avenue. RECOMMENDED MOTION: Move to Establish a Hearing Date of October 26, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Ivan Ludeman for the properties located at 4640 & 4648 Polk Street. RECOMMENDED MOTION: Move to Establish a Hearing Date of October 26, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against the Lvnde Investment Company for the properties located at 4050, 4060, 4100, 4120 4th Street & 4425, 4433, 4441, 4707, 4715, 5121~ 5131, 5141 Universit-v Avenue. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of September 28, 1998 AGENDA SECTION: CoNsENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ~'~ ITEM: Close Hearing BY: Charlie Kewatt BY: ~Z/, )~~ Rental License Revocation d~ DATE: September 21, 1998 DATE: 1'40: "lJ~,. The matter of the revocation of the license to operate a rental un_it(s) within the City of Columbia Heights against Yinsheng Zhang regarding rental property at 4636 Washington Street for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of September 21, 1998 The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Yinsheng Zhang Regarding Rental Property at 4636 Washington Street in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hear/ng Council Letter CITY COUNCIL LETTER Meeting of: 9/28/98 AGENDA. ,SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WORKS ITEM: RESOLUTION APPROVING FINAL PLANS BY: K. Hansen~ .~- BY: AND SPECIFICATIONS AUTHORIZING DATE: 9/23/9g1---'~''~'~ '-~ DATE: ADVERTISEMENT FOR BIDS: CITY PROJECT 97-22, SULLIVAN LAKE SANITARY SEWER AND WASTE WATER PUMPING STATION IMPROVEMENTS Background: At the City Council Meeting of August 18, 1998, the City Council accepted the Engineering Report and authorized the final design of the recommended improvements. Analysis/Conclusions: City Project 97-22 consists of a new wet well/dry well sanitary sewer lift station, force main, sanitary server gravity main construction, landscaping and appurtenant work. The project is funded through an Economic Development Program Grant in the amount of $250,000 and Parks Capital Improvement Fund in the amount of $11,000 for a total budget of $261,000. The established budget is consistent with the Engineer's Estimate of $251,000. A copy of the proposed project schedule is attached for information. The gravity sewer work is proposed to be completed in 1998 with the lift station being operational by July 1 of 1999. Recommended Motion: Move to adopt the Resolution approving f'mal plans and specifications and ordering advertisement for bids for City Project 97-22: Sullivan Lake Sanitary Sewer and Wastewater Pumping Station Improvements. KH:jb 98-325 Attachment: Proposed Project Schedule Resolution COUNCIL ACTION: RESOLUTION NO- APPROVING PLANS AND SPECIFICATIONS AND ORDERING AN ADVERTISEMENT FOR BIDS FOR THE 1998 IMPROVEMENT PROGRAM PROJECT NO. 97-22 SULLIVAN LAKE SANITARY SEWER LIFT STATION WHEREAS on August 24,1998, the City Council ordered the preparation of fmal plans and specifications for Project 97-22, and WHEREAS, funds for this project are identified through an MIF Grant and City Park Development Fund, WHEREAS, the Consulting Firm of RLK Kuusisto, Inc. has prepared the plans and specifications for City Project 97-22. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA THAT: Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. The Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published on October 1, 1998, in the Focus and October 2, 9, and 16, 1998, in the Construction Bulletin. The advertisement shall specify the work to be done; shall state that bids will be received until 2:00 p.m. on October 20 at which time they will be publicly opened at the Municipal Service Center, 637 3 8th Avenue N.E., by the City Engineer/Director of Public Works; will then be tabulated; and will be considered by the Council at 7:00 P.M. Monday, October 26, 1998 in the Council Chambers. BE IT FURTHER RESOLVED THAT the Mayor and the City Manager are authorized to execute the Agreement. Dated this 28th day of September, 1998 Offered by: Ruett [mann Seconded by: Peter son Roll Call: A11 ayes CITY OF COLUMBIA HEIGHTS By: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 28th day of September, 1998, as disclosed by the records of said City in my possession. Seal Jo-Anne Student Deputy City Clerk 1998 IMPROVEMENT PROGRAM PROJECT NO. 1997 - 22 Sullivan Lake Sanitary Sewer Lift Station PROPOSED PROJECT SCHEDULE Council Resolution Accepting Feasibility Report ................................. August 24, 1998 Receive Engineer's Report And Order Hearing ......................................................... N/A Send Improvement Hearing Notice To Focus .................................................................. N/A Publish Notice Of Hearing ............................................................................................ N/A Mail Notice Of Hearing .................................................................................................. N/A HEARING ............................................................................................................ N/A Order Improvement And Preparation Of Plans And Specifications ............ August 24, 1998 Preliminary Plan Review ......................................................................... September 21, Plans and Specs Complete .................................................................... September 23, Approval Of Plans & Specifications and Advertisement For Bids .... September 28. Send Advertisement For Bids To Focus .................................................... September 28. Send Advertisement For Bids To Construction Bulletin ............................. September 29. Publish Advertisement (Focus) .................................................................... October 1 Publish Advertisement (Construction Bulletin) ............................ October 2, 9, & 16, Bid Opening .................................................................................................. October 20, Preparation Of Contract And Resolution ................................................... October 21, Council Award Contract .............................................................................. October 26, Begin Work .................................................................................................. November 4, Final Completion: Gravity Sewer ...................................................................................... 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OA I::'1"1 ]: LL. :[ F:'S W :1: NIE F'HYS :[ C; ]: AN~ii; ):)E:S I< F;,'E:F'E:F,'E:FIC 1:'1,,3t... :1: (:;ii'.: MAF;: F':SMAN A,Cq;O :3 :[ AT F:'I:;:IEC: :[ ,S :t: ON BUS :t: NE:,'.i.)S SYST!E F:'I;,' :t: 01:;: W :[ NE: F'I:;.:OIE)< .r.:'t-IOTC/ SYSTEM R ,.'.~-: )B :?,UF'F:'L.Y COMPANY RA:O :1:0 SI..IAC I-.', F;:AF:' :1: TF'R :I: N'f' :1: I:;: ]: M[.i: AUC:T ]: CI!',IIEE:RYMAR I< I:;,'1... S :I:NC I:;,'OB :i: NSON t._AN:O::.i;C':Ar.:' ]:I',I(:.:[ ]: NC: F;:O:iF;t!!:D A I.JE CHE:V F;,'OE;,'.!; 'v'AL.MIE MF:'G C:O S' F;: I:' COhlSUL..T:I:I'..I(3 GF;:OUF:' 745:t..I. 745:1. :..':': 745.1.3 745.1.4 74525 745.1.6 745:I. 7 745:1.8 -., ,. ~:~. ,=:, '745:::~:0 7452:1. 74522 74523 7452.4 7452:5 7,:1- 526 74527 74528 74529 ;' 4 ...... :,.L 74532 74533 74534 74535 7455;6 74537 74538 74539 74540 74541 74542 74544 74545 74546 74547 74548 74549 74550 7455:L 74552 74553 74555 74556 880. O0 84 ,, :!.4 569.77 2,973 .. 50 304.50 :l 7 :L ,, 00 I42.39 48 ,, 99 2,984.79 .1.2 ,, 25 t S:' ,, 24 3,65:L ,, 53 30 ,, 72 70, :L 04 ,, 06 35 ,, 84 250 ,, 00 99 ,, 90 :!. 32 ,, O0 25.1. ,, 85 425., 00 78 7() 720 37 :1., 332 72 :l, 44 75 446 3() 2,7:I. 2 7:t. 50 ,, 00 :t. "~ TM '= 50 :I. 00 ,, :I. 8 540 ,, .1.5 43 ,, 07 ~.0,561 ,,72 .1. 23 ,, 90 :l. 8 ,, 95 72,,73 2,2:74 ,, 93 7,24 484. ,, 06 18 ,, 28 290 ,, 43 820 ,, 00 6, ':F'2:3.46 20. :1.3 36 ,, 4:L 426 ,, 8 :L :1., 346 ,, 82 .1.2,360, O0 ()9/24/98 15:5 C :1: TY OF' C-:OLI. JMB ]: A I't1!: :1: GH'i"S Gt...540R-'V05.20 F:'AGE:: 6 B A Bt J< V E:N):) C)I:;,' CH['::C l< NI..JM B E:i::,' AMOLIN"t" BANt< Ct"IE:CI<:t:I,IG AC:CC)I. JI,tT Si;CH:I:f,I:OL.E:R E:L. EVATOR CC)RF' :i.:;CI"I W A L~ / W AL L. Y ~:;Ii!:RC C) t... A :(')'.::i; ::~!!::'i"ON NAME F'f...ATE COMF'ANY ~:; :t: GI".I ,"i:;Ot...UT ]: Of'IS.'!;, ]: S :f: MOI".I :5':: '-:'::CtF:']"WAI:;ttli: TA ]: · ~;&]I. 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[.:iRA :I: 74558 162 ,. 09 74559 450,,00 74560 154,,00 7456.1, ' 46 74562 140.19 ,' ',' ,.'<:,-..~ 445 .. 49 74564 827, 50 '74 !-', 65 50 ,, 0 () 7456,..<.:, 144 ,, 50 745,.,~,7 5:t7 ,, 7?. 74568 91 .,60 74569 :!., 8!.56 ,, 6~':'~ 74570 745'7 :t. 4:t ,, 99 74572'.: 754,81 7457:::'; :!., :1.68 ,, 00 74574 67 ,, 94 694,828 ,. :I. 4 :,~<:* :4:: CITY COUNCIL LETTER Meeting of: September 14, 1998 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: Fire ?~,~ , Approval of Rental Housing License BY: Char lie Ke,vatt BY: ~/~/~ ITEM: Applications NO: ~"~"~ DATE: September 14, 1998 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. COUNCIL ACTION: To: Wait Fehst, City Manager From: Charlie Kewatt Date of Council Approval: Re: Rental Housing Licenses Date Printed: Date: 09/14/1998 Date Sent: The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Re-Licensing Month: April 1998 Property Address Occupany I.D. Property Owner Name 20359 Avery Fenne 4645 Washington Street F2774 20212 Jai Ramnarine 4550 7th Street F2787 Permit # Chariie Kewatt, Fire Chief 09/?4/?99 08:.42 Page 1 To: Walt Fehst, City Manager From: Charlie Kewatt Date of Council Approval: Re: Rental Housing Licenses Date Printed: Date: 09/14/1998 Date Sent: The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Re-Licensing Month: May 1998 Property Address Occupany I.D. Property Owner Name 30077 Ernest Clausen 4550 Madison Street F2923 12059 Marietta DeRocker 4207 2nd Street F2840 10070 Lawerence Garner 3740 2nd Street F2866 20085 Lawerence Garner 3712 2nd Street F2867 12032 Peter Kabanuk 1333 Circle Terrace F2832 12047 Matt Kraft 3830 Reservoir Boulevard F2792 30076 Alois Kroll 4545 Madison Street F2821 12042 Eva Mokhtary 1230 Circle Terrace F2793 12028 Donald Olson 206 42nd Avenue F2872 30118 Lloyd Sathre 4625 Tyler Street F2795 12058 Ronald Schloesser 4217 2nd Street F2848 20047 James Wegman 3959 Reservoir Boulevard F2852 Permit # Charlie Kewatt, Fire Chief 0,9:43 Page 1 To.; Walt Fehst, City Manager From: Charlie Kewatt Re: Rental Housing Licenses Date: 09/14/1998 Date of Council Approval: Date Printed: Date Sent: The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of CoIumbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Re-Licensing Month: June 1998 Property Address Permit # Occupany I.D. Property Owner Name 12199 Steve Bethel 4557 Fillmore Street F2890 12175 Jane Charbonneau 4509 Fillmore Street F2918 30164 Clarence Hanson 4643 Pierce Street F2903 10030 Daniel Iverson 4153 4th Street F2938 10080 Vern Nordahl 2106 41st Avenue F2883 30064 Michael Prokopiuk 3853 Edgemoor Place F2926 Charlie Kewatt, Fire Chief 0,9/14/199 08:43 Page 1 Walt Fehst, City Manager From: Charlie Kewatt Re: Rental Housing Licenses Date: 09/14/1998 Date of Council Approval: Date Printed: Date Sent: The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Re-Licensing Month: July 1998 Property Owner Name Occupany I.D. 12124 Mike Hozempa 3804 3rd Street F3013 12086 Wayne Madson 3813 Pierce Street F2943 12085 Patrick Masloski 3728 Pierce Street F3133 20061 Alexander Moseychuk 5043 Jackson Street F2998 20381 Gary Peterson 3713 Buchanan Street F3027 12183 Thomas Piersak 5027 Jackson Street F3032 Property Address Permit # Charlie Kewatt, Fire Chief Page 1 T,,o: Walt Fehst, City Manager From: Charlie Kewatt Re: Rental Housing Licenses Date: 09/14/1998 Date of Council Approval: Date Printed: Date Sent: The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Re-Licensing Month: August 1998 Property Address Permit # Occupany I.D. Property Owner Name 20015 James Dickinson 1725 37th Avenue F3065 20377 James Egge 943 42nd Avenue F3058 12007 Bruce Fischbach 4212 Washington Street F3119 30131 Leo Lemke 4643 University Avenue F3045 30132 Leo Lemke 4649 University Avenue F3045A 12050 Kathleen Mills 1129 Cheery Lane F3079 12165 John Ranweiler 4648 Taylor Street F3042 10043 Bernard Ubl 3707 Johnson Street F3076 20243 Anthony Wojciak 4628 Johnson Street F3060 Charlie Kewatt, Fire Chief 09/14/199 08:44 Page 1 To: Walt Fehst, City Manager From: Charlie Kewatt Re: Rental Housing Licenses Date: 09/14/1998 Date Printed: Date Sent: The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Re-Licensing Month: September 1998 Occupany I.D. 10041 Property Owner Name Michael Doody Property Address Permit # 3963 Jackson Street F3122 10068 Kenneth Hafner 4038 7th Street F3130 Charlie Kewatt, Fire Chief 09/14/'1,.09 0S:.48 Page 1 TO CiTY COUNCIL SEPTEMBER 28, 1998 "Signed Waiver Form Accompanied Application 1998 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS LOCATED AT FEES BUILDING OFFICIAL *Grussing Roofing, Inc. *Metro Utilities *Sign-A-Rama *Brad Trane Construction 4305 Shady Oak Road 3025 Harbor Lane, #221 818 West 98th St. 4633 N.E. 2 ~ St. 4O.OO 40.00 40.00 4O.OO license.ag CITY COUNCIL LETTER Meeting of: September 28, 1998 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT: CITY Administration MANAGER'S NO. 4 W. Fehst APPROVAL ITEM: WORK SESSION DATES FOR OCTOBER BY: J. Student BY: ~-/~-. ~ DATE: 9-25-98 DATE: The City Manager is recommending that Monday, October 5, 1998 at 7:00 p.m. be considered as a date for a Council work session. He also is requesting members of the Council to being their appointment calendars to the September 28, 1998 Council Meeting to schedule an additional work session date and to consider dates for budget sessions. MOTION: Move to establish Monday, October 5, 1998 at 7:00 p.m. as a Council Work Session and that Councitmembers are requested to bring their appointment calendars for additional work session dates and for October budget session date. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 9/28/98 AGENDA SECTION: OTHER BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WORKS ITEM: TRAFFIC STUDY FOR CENTRAL AVENUE BY: K. Hanse~f~ BY: CORRIDOR FROM 37fa TO 40r~ AVENUES t~,. ~ ,, ] DATE: 9/23/~ DATE: Background: Attached herewith please f'md the f'mal traffic study from the City's Traffic Consultant, BRW, for Central Avenue. This report has previously been presented to the City Council at their June 15, 1998 Work Session and Traffic Commission at their July 6th and August 31, 1998 meetings. The Traffic Commission has recommended to the Council to accept the traffic study with the recommendations as detailed in the report. Analysis/Conclusions: The report contents were reviewed in detail with the Council at their June 15t~ meeting and Traffic Commission at their July 6~ meeting. On August 18th an Open House was held for property owner and businesses in the traffic study area. A survey (sample attached) was also delivered to the businesses along Central Avenue following the Open House. Comments have been received from Mn/DOT and the City of Minneapolis Traffic and Waterworks Divisions. The final report details the £mdings of these meetings and comments, updates the draft report and presents f'mal recommendations. Representatives from BRW will present these findings and recommendations to the Council at the September 28th meeting. Based upon the long-term recommendations for Central Avenue and Reservoir Blvd., Public Works is requesting authorization to apply to Mn/DOT for Cooperative Funding. The application process closes October 31, 1998, for the FY2000 funding cycle. The application requires the submittal of outline plans and an Engineering Estimate. BRW estimates their costs for preparing such an application to be in the $4,000-$6,000 range. Recommended Motion: Move to accept the Traffic Study for Central Avenue Corridor from 37th to 40t~ Avenues prepared by BRW and authorize application to Mn/DOT for cooperative funding for Central Avenue improvements from 37th to 40th Avenues, as recommended in the report. 98-326 Attachment: Final Traffic Study prepared by BRW Survey questionnaire COUNCIL ACTION: TH 65 (Central Avenue) / 37th Avenue / Reservoir Boulevard Traffic Study Please assist us on this study by answering the questions listed below and turning it in before you leave. 1. Do you believe that improvements are needed to improv~ traffic flow at the Central Avenue / 37* Avenue / Reservoir Boulevard intersection? Yes No Comments: o Which of the following Reservoir Boulevard alternatives for the area near Central Avenue do you like the best*. Cul-de-sac at 37~h Avenue NE Convert to one-way northeast bound between 37th Avenue and 39th Avenue Convert to one-way southwest bound between 37th Avenue and 39s' Avenue Leave as is Comments: o Adding left turn lanes on Central Avenue would improve traffic flo~v and safety along J:he corridor. In order to add left turn lanes, parking must be removed from at least one side of th th Central Avenue between 37 Avenue and 40 Avenue. Which of the follo~ving alternatives do you like best? .t Remove parking from both sides of Central Avenu~ RemOve parking from the east side Remove parking from the west side .. Leave lhe parking as is and don't add turn lanes Comments: Some of the alternatives described above would allow the City to emphasize the Central Avenue / 3;~m~i~venue area as a "gateway" entrance to the community by providing space for streetscaping / landscaping opportunities. How important to you are streetscaping treatments at this intersection, andk~ and down Central Avenue? Not*important ~domeWhat Important Important Very Important Comments: CITY COUNCIL LETTER Meeting of:' September 28, 1998 AGENDA SECTION: OTHER BUS I NESS ORIGINATING DEPARTMENT: CITY MANAGER' NO: ~ CITY MANAGER ' S APPROVA_L/f~ No:ITEM: RECODIFICATION OF CITY CODE ~ -~ -~ DATE:BY: LINDA L. MAGEE DATE:'~' ~/'~ At the May 11, 1998, City Council meeting, staff was authorized to request proposals for the recodification and publication of the City Code. Proposals for the recodification and publication of the City's 1977 City Code were accepted until 4:45 p.m. Wednesday, August 19, 1998. A notice was published in the Focus on July 16, 1998. Requests for Proposals were sent to three organizations; two of which submitted proposals. Proposals were received from the League of Minnesota Cities and General Code Publishers (see attached). Interviews with representatives from the two organizations were held September 16, 1998. As a result of staff review of the proposals and interviews with the representatives, staff recommends entering into a contract with the League of Minnesota Cities for the recodification and publication of the City Code. The League's proposal was felt to better fit our needs for several reasons: the proposal includes a review by their legal counsel the League of Minnesota Cities is knowledgeable and conversant on laws and regulations affecting Minnesota cities and thus was felt to be better able to determine what sections of the code should be eliminated, added, or modified the looseleaf supplement service cost is less the League of Minnesota Cities has extensive experience conducting similar projects for Minnesota cities. RECOMMENDED MOTION: Move to authorize staff to enter into a contract with the League of Minnesota Cities for the recodification and publication of the City Code, based on their proposal dated August 4, 1998. COUNCIL ACTION: Ae QUOTATION SHEET INITIAL RECODIFICATION: (1) Base Cost (2) Base Cost includes: (a) Number of copies (b) Number of binders (c) Number of sets of divider tabs (d) $16.300 11' 11' 11' *A page is defined as the area on one side of a sheet of paper. A sheet contains two (2) pages. $18 $22 included included none $18 $22 go charge no charge $250,. go charge i. 8-1/2 x 11 inch, single column (32 pages over 650 are included at no additional charge) ii. 8-1/2 x 11 inch, double column (23 pages over 455 are included at no additional charge) (b) Tabular matter, additional per page (c) Freight charges LOOSELEAF SUPPLEMENT SERVICE: (1) Annual Fee (2) Per page cost: (a) 8-1/2 x 11 inch, single column Co) 8-1/2 x 11 inch, double column (c) Tabular matter, additional per page (3) Electronic Supplements (WordPerfect) Folio 4.1 (if supplementing once a year) (4) Sample Ordinance Service Format (number of printed pages included in the above cost) i. 8-1/2 x 11 inch, single column 650 ii. 8-1/2 x 11 inch, double column 455 (e) Legal analysis of code (f') Code on disk in WordPerfect ~The city requited · bid bas~ on 11 copi~ of the code, Up to 20 c.~pies will bc provMled for the irgtk:~l~d b~g ~o~t if r~lU~m:l by the city. (3) Variable costs: (a) Per page increase/decrease for additional/less pages (5 % increase at no additional cost): OPTIONAL SERVICES: (1) Search and retrieval software (Folio 4.1) (Optional Training and Installation - $695/day + travel) Phone Support Code on Internet Supplements to Folio version (if updating once a year) (2) Pamphlets (per page) Computerization of Meeting Minutes is another service offered. .$795 free $25/month $25o $.075 (1-50 copies) $.070 (51-99 copies) $.065 (100 + copies) PAYMENT: (1) (2) (3) (4) Upon signing of the contract Upon submission of proofs/draft Upon submission of analysis memorandum Upon delivery of Code $5O0 30% 30% balance Firm: By: Title: Address: Telephone: Date: League of Minnesota Cities and American Legal Publisking Kent Sulem Codification AtTorney 145 University Avenue West St. Paul, MN 55103-2044 (612) 281-1245 August 4, 1998 QUOTATION SI:FEET INITIAL REPUBLICATION: (1) Base Cost (2) Base Cost includes: (a) (b) (c) (d) (e) Number of copies 11 Number of binders 11 Number of sets of divider tabs 11 Format (number of primed pages included in above cost)~ 8 ½ inches by 11 inches, single column Legal analysis of code (3) Variable costs (a) Per page increase/decrease for additionalfless pages: 8 ½ inches by 11 inches, single column $ i'-'/~ £&¥- LOOSELEAF SUPPLEMENT SERVICE: (3) (4) Annual fee Per page cost: 8 ½ inches by 11 inches, single column Electronic Supplements Sample Ordinance Service OTHER CHARGES: Specify: s AJ/'fl pages. ~A page is defined as the area on one side of a sheet of paper. A sheet contains two (2) -6- '.- D. PAYMENT: Upon signing of contract Upon submission of analysis memorandum Upon receipt ofproo£s Upon delivery of Code Firm: By: Title: Address: Telephone: Date: GENERAL Phone: 800-836-8834 FAX: 716-328-8189 PUBLISHERS Ginny Butler 72 Hinchey Road, Rochester, N~' 14624-2991 gbutler~generalcode.com -7- CITY COUNCIL LETTER Meeting of: SEPTEMBER 28, 1998 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPT.: CITY MANAGER NO: r~ RECREATION APPROVAL 3 ITEM: REVENLIE FROM SALE OF BY: KEITH WINDSCHITL/Z~"f/fi~ JBY: SULLIVAN PARK LAND TO WILLIAM ELRI.TE/)~ _,~/~ DATE: MEDTRONIC DATE: 9/24/98 NO: This item was discussed at a Park & Recreation Commission meeting of August 26th, was reviewed by the City Council at the September 8th work session, and was again discussed by the Park & Recreation Commission at their meeting on September 23~d. It is the desire of staff to use the net proceeds from the sale of Sullivan Park land to Medtronic as match money for a grant from the State of Minnesota to construct a community center. The state currently has grants available on a two-for-one match. If the City does receive a grant, we will receive $2.00 for every $1.00 that we put in. Ideally, if the City could commit a $500,000 match, we could apply for a $1 million grant, giving us a total of $1,500,000 to construct a community center. The Sullivan Park land was sold to Medtronic for a total of $359,948.35. To date, the Community Development Department has incurred legal and other expenses in relationship to the Sullivan Lake project of $42,550.08. Normally, these start-up administrative and legal costs would come from tax increment proceeds. However, due to the current state of the tax increment funds, there may not be funds available to cover these expenses. At this time, these expenses could still be charged against tax increment proceeds and if there is a shortage down the road, the Council could deal with it at that time. In addition, the list of following items has been discussed in relationship to the use of the land sate revenue: o Purchase of Huset Park land in the amount of $80,198. On March 25, 1996, the Council adopted the attached resolution appropriating funds from the Capital Improvements-Parks fund for this purchase. At that time, there was no commitment made to repay that money when the Sullivan Lake property was sold. However, for a clean documented trail, it may be better to repay the $80,198 to the Capital Improvements-Parks fund and then utilize money from that fund for a community center. This alternative is covered in staff's recommended motion. $11,000 for site landscaping at Sullivan Park. This money could come from the land sate proceeds or the Council could designate another source for it, such as the Capital Improvements-Parks fund. $45,000 for the purchase of railroad track land in Huset Park. This item has been discussed, but at the present time no commitment has been made. The proceeds from the Sullivan Park land sale could be used or the City Council could designate other funds for this purchase, or it could be included in the Parks Department budget for 1999, and the Council could designate funding as part of the budget process. (CONTINUED) COUNCiL ACTION: ~ '"' ~"~ CITY COUNCIL LETTER (CONTINUED) Meetin~ of: SEPTEMBER 28, 1998 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPT.: CITY MANAGER NO: RECREATION APPROVAL ITEM: REVENUE FROM SALE OF BY: KEITH WINDSCHITL~ /BY: SULLIVAN PARK LAND TO WILLIAM ELRITF_~ff~-~' DATE: MEDTRONIC DATE: 9/24/98 NO: TIF district local commitment: In the creation of the Medtronic TIF district, the City agreed to a local commitment of 10%. In reviewing this with Ken Anderson, he has indicated the most economical way of doing this may be to fund it up front, which would require a commitment of $112,000. This is significantly cheaper than funding it on an annual basis of 10% of the TIF proceeds. Mr. Anderson, however, has indicated that the Medtronic grant that the City is receiving can be used for this local commitment. If this is the case, there would be no need for the City to dedicate money up front for this requirement. In summary, there are several areas where the City could use the proceeds from the land sale; however, it is staff's recommendation that the full $359,948 be dedicated to a state matching grant, and that the City commit an additional $182,602 in General Fund undesignated fund balance for this match, bringing the total to $500,000, allowing us to apply for a state grant of $1 million. The following is staff's recommended motion and other alternate motions that the Council may wish to consider: RECOMMENDED MOTION: Move to repay the Capital Improvements-Parks fund $80,198 from the land sale proceeds and to appropriate $279,750 from the Sullivan Park land sale, and to appropriate $140,052 in General Fund undesignated fund balance, and to appropriate $80,198 from Capital Improvements-Parks fund balance for a total matching grant of $500,000 for a community center. ALTERNATE MOTION: Move to appropriate $359,948 from the Sullivan Park land sale, and to appropriate $182,602 in General Fund undesignated fund balance for a matching grant for a community center. ALTERNATE MOTION: Move to appropriate $359,948 from the Sullivan Park land sale to a matching grant for the construction of a community center. ALTERNATE MOTION: Move to appropriate $ from the Sullivan Park land sale to , and to appropriate the remaining balance of $ to a matching grant for a community center. WE:dn 9809251 COUNCIL ACTION: MIIqUTF_,S September 1, 1998 The meeting was called to order by Chair, Barbara Miller. Those present were: Barbara Miller, Nancy Hoium, Patricia Sowada, Richard Hubbard, Don Jolly, and Becky Loader. tt was moved, seconded, and passed to approve the minutes of the August 3rd meeting as mailed. The August 24t~ , 1998, bill list was reviewed, tt was moved, seconded, and passed that they be paid. The September 14t~, 1998, bill list was reviewed. It was moved, seconded, and passed that they also be paid. The accounting was reviewed. Old Business: The Board was reminded that the November meeting date had to be changed because of elections. The chosen date was Nov., 10% 1998. Several Board members had conflicts that evening, so alternate dates were discussed. The meeting will be held on Monday, November 9% 1998, at 6:00 p.m. o The October Library Board Meeting will be held at 6:30 p.m. with the joint City Council/Library Board budget meeting to take place at 7:00 p.m. that evening. The format will be similar to past years, with each Board member presenting a portion of the budget to the Council. a. Becky met with the City Manager and the Finance Director on 8/11/98 to discuss the budget. No major changes were discussed at that time. b. There is a proposal for a custodial contract that is being discussed. This may necessitate changes in the library budget. o The joint Board/Commission meeting on 8/5 to discuss the City's Comprehensive Plan was reviewed. All Library Board members, except Nancy Hoium were present for the meeting. The agenda was too long, but there was a very good turnout and great participation by all who attended. Main topics that were discussed were a Community Center and downtown development. 4. Long Range Plan discussion was tabled until the November meeting. o A progress report on the roof project was given. Roof work began on 8/25. The crew is very conscientious about keeping the roof water tight. There were a few rotten timbers along the East side of the building, and one expansion joint had to be added as the metal decking extended further than they expected. Bill Holman checks in daily and has made 3 visits to the site. They are projecting 1 more day of construction, and then the sheet metal work will follow. A partial payment for supplies was submitted and the paperwork completed. o Emi Stave has completed training and passed her page test. She will begin working a regular shift on September 8~ . This is the first time in 3 years that there is a full crew of library pages on staff. Becky and Marsha met with all the pages on August 17~ to negotiate fall schedule. One on one meetings with the pages were conducted by Becky and Marsha to discuss standards for performance on the shifts they are working. 8. An all time record was set for Summer Reading Clubs this year with 861 participants. New Business: The 1999 Holiday and closed schedule was reviewed. It was moved, seconded, and passed to approve the 1999 Holiday and closed day schedule as presented. The Library's 75th anniversary will be in the year 2003. The City would be 105 in that year. The possibility of contacting other agencies within the City that may be celebrating anniversaries was suggested. In this way there could be one giant celebration for ail. It was thought that perhaps a suggestion could be made to the City Manager to appoint a Citizen Commission for this purpose. o The City auction will be held on September 12. Everything that was scavenged from the Security System changeover has been stored in the pole barn and will be included in the auction. Anything that is sold will be credited back to the library. A new character generator for the Library's cable channel was installed on 8/5. This generator is new to us, but it is not the latest technology. The Board was shown what the new broadcast looks like. o Marsha met with Immaculate Conception teachers at an in-service to discuss library services and is in the process of setting up a class visit schedule. The public schools' media centers will not be available at the beginning of school, so the Children' s Department is anticipating trying to fulfill some of their needs also. o Interviews were held for a Library Supervisor position. A conditional offer has been made to one of the candidates, and after a background check is completed, a formal offer will be made. Training will begin on September 10. On August 28th, 1998, the Anoka County Libraries were closed for an in-service day. The computer was shut down for an upgrade at the same time. We were the only library in the County open, and manual charge and the TRAKKER were used. Reference questions and requests had to be documented and then answered or placed by staff on Saturday. This was a tremendous inconvenience, and unfair to our patrons. Serious consideration should be given to closing if such an event occurs in the future. The Board felt that Columbia Heights staff could profit from an in-service presentation, and if invited by the County, should participate. 8. A packet of current brochures was distributed to the Board. The Board thought the program for the teen volunteers went well and were very pleased and enthusiastic about the hours of service they have provided. 10. Pat Sowada saw this sign while out in Colorado and wanted to share it with the Board: "All unattended children will be towed away at parents expense." There being no further business the meeting was adjourned at 8:25 p.m. Respectfully submitted, Je'~nine M. Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. THE MINUTES OF THE TELECOM2MU~CATIONS COMMISSION FOR THE MEETING OF THURSDAY, SEPTEMBER 17, 1998 The meeting was called to order at 7:35 p.m. by Chairman, Dennis Stroik. ROLL CALL: Commission Members: Council Representative: City Representative: Cable TV Representative: Legal Counsel: Dennis Stroik, Reuben Ruen, and Ruth Graham. Bob Ruettimarm Linda Magee Kathi Donnelly-Cohen Tom Creighton APPROVAL OF MINUTES Motion by Bob Ruettimarm, seconded by Ruth Graham to approve the minutes from the meeting of July 16, 1998. All ayes. OLD BUSINESS A. Channel Check MSC was very loud in comparison to the other channels. B. Correspondence Log and Complaint Follow Up. /4107-C. Larson-No problems were detected when the service tech first went out. However, they replaced some of the outside fittings and it helped some, but reception was still not great. Mr. Larson was going on vacation and said he would call when he returned so the inside wiring could be replaced to see if this would improve the picture quality. He has been dealing directly with Dale in service and Kathi stated that she has not heard anything further from Mr. Larson. She will check on the status of this complaint with Dale and report back to us at the next meeting. #108-Jane Morin-She complained of having several outages during the months of July and August. Kathi sent Ms. Morin a letter that was enclosed in the agenda packets explaining the cause for some of the outages and credited her account for a month's service. C. Status of Digital Light System in Council Chambers Linda reported that Anthony Hamernick and Chris Daly who are recent graduates of NEI are still working on the project at last report. D. Status of Seeking Consultant to Upgrade City's Phone System Linda reported that the Council has approved the recommendation of the commission to go out for RFP's for a consultant to upgrade our phone system. She will keep the commission informed as this progresses. T1LLECtD~C A, TION CONrMISSION PAGE 2 SEPTEMBER 17, 1998 E. Other Old Business There was no other old business to discuss. NEW BUSINESS A. Status of Review of Rate Increase Forms Tom reported that MediaOne has sent the information requested to the accountants and the information is being reviewed. Bo Review Duties of Telecommunications Commission and the Science and Technology Commission for Possible Combination. Linda stated that she had reviewed the Ordinance that had established the duties of the Science and Technology Commission and that she recommends no change be made to the Ordinance regarding the duties of the Telecommunications Commission. She stated the Science and Technology Commission mainly dealt with issues that are now being handled by staffand those duties should not be incorporated into the Telecommunications Commission. Motion by Dennis, seconded by Ruth that after review of the Ordinances involved, and whereby the duties of the Telecommunications Commission were already expanded, the members of the Telecommunications Commission recommend no change be made at this time to incorporate the duties of the two commissions. All ayes. D. Library Character Generator At a previous meeting there was a report that the Library had gotten a new character generator. It seems that while Becky was on vacation there was a problem detected by the cable company with the generator the Library had been using. MediaOne, therefore, replaced the malfunctioning unit with a used one from the studio. It was pre-programmed with information that was not useful to the Library. The staff at the Library found it more archaic and harder to work with than the old one they had. After some discussion, Kathi Donnelly-Cohen will check on getting a new Scala program/generator and the funding for such will be determined at a future meeting between staff and MediaOne representatives. Fo MediaOne Cable Modem Internet Service , oo Enclosed in the agenda packet was an article fi:om the Star TribUne regarding the Cable Modem Internet Service that is being' offered by MediaOne. Kathi Donnelly-Cohen stated that approximately 400 people have signed up for this service since it became available. MediaOne Express is a high speed internet service that is now being offered for $29.95/month ($10.00 off regular price) with free installation. Notice of Rate Increase A letter was enclosed in the agenda packet informing the commission that an increase will be implemented November 1, 1998, for the pay per view adult programming, adjusting the rates fi:om $6.95 to $7.95 for all night service. TELECOMMUNICATIONS COMMISSION MINUTES PAGE 3 SEp~TEMBER 17, 1998 G. Other New Business *Meeting Time-Motion by Ruth, seconded by Bob to change the time of our meetings to 7:00 pm from this date forward. All ayes. *Special Projects Coordinator Report-A copy of the programming schedule that is running on channel 16 was passed out at the meeting for the commissioners to review. Linda also informed the members that Jean will be doing a taped interview with each commission chair to explain each commission's purpose and to generate some interest in possibly filling the vacancies we have. Dennis agreed to do this and Jean will contact him to schedule a time that is convenient for the taping. *Religious Access-A letter was passed out at the meeting from MediaOne requesting the continued loan of the Religious Access Channel for additional programming for the calendar year 1999. Motion by Dennis, seconded by Ruth to approve the request to continue the Loan of the Religious Access Channel for 1999. All ayes. REPORTS A. Report of Commissioners Bo There was nothing to report. Report of MediaOne-July 98 and August 98 Kathi reviewed the reports that were enclosed in the agenda packets and answered questions. She also reported that Sega Cable Service has gone out of business and is, therefore, no longer being carried. .Questions asked by Reuben: I. Is the Internet Service available in Columbia Heights? Yes 2. Is MediaOne on Internet and is Email address available? Yes and Kathi gave him a business card with the information requested. 3. Does MediaOne have a local web page or just a corporate page? Yes, there is a local page. Each state has their own page with information that pertains to that area. Report of the Cable Attorney Tom informed the commission members of some of the mergers that have been taking place in the cable industry. He also advised the commission that cities should develop an agreement or policy for the possibility of a second company that wishes to pro'~fide cable service in the area should they approach the City to get a franchise with us. D. Report of the Assistant to the City Manager Linda had nothing further to report. Motion by Bob, seconded by Ruth, to adjourn the meeting at 8:35 pm. All ayes. Respectfully submitted, Secretary COLUMBIA HEIGHTS ECONOMIC DEVlZ~LOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES OF AUGUST, 1998 CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (lEDA) was called to order by President Peterson at 7:10 p.m., Tuesday, August 18, 1998, in the Parkview Villa Community Room B, 965 40~ Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Commission Members Absent: Staff Present: Others Present: Robert Ruettimann, Patricia Jindra, Joseph Sturdevant, Don Jolly, Gary Peterson and Dick Dustin Marlaine Szurek Walt Fehst, Executive Director Ken Anderson, Deputy Executive Director Jennifer Bergman, Housing Coordinator Jennifer Stoopes-Mokamba, Parkview Villa Public Housing Admin. Shirley Barnes, CEO Crest-view Corporation Pat and Rueben Bush, Caretakers In attendance at the meeting were approximately 4 residents of Parlcview Villa. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Anderson informed the EDA Commissioners that staffis proposing an addition to the agenda for MHFA loan application M98-37 which is proposed to be on the agenda as item Number 8-C4-b. MOTION by Sturdevant, seconded by Jolly, to add MI-IFA loan application M98-37 as an addition to the agenda appearing as item Numl:~r 8-C-4-b. All ayes. MOTION CARRIED. CONSENT AGENDA (These items are considered to be routine by the EDA Board of Commissioners and will be enacted as part of the Consent Agenda by one motion). Move Adopt the consent agenda items as listed below. 1) Approval of Minutes. a. Regular meeting of July 21, 1998 to adopt the minutes of the July 21, 1998 regular meeting as presented in writing. 2) Financial Report and Payment of Bills A. Financial Statement for July, 1998 B. Payment of Bills for July, 1998 Move to approve Resolution 98-11, Resolution of the Columbia Heights Economic Development Authority (IEDA) approving the financial statements for the month of July, 1998 and approving payment of bills for the month for July, 1998. MOTION by Sturdevant, second by Jindra, to adopt the consent agenda items as listed. All ayes. MOTION CARRIED. REPORT OF TIlE MANAGE1V[ENT COMPANY A. Jennifer Stoopes-Mokamba, Parkview Villa Public Housing Administrator. Ms. Stoopes-Mokamba presented the Management Report for the month of July. She indicated that the Deputy Executive Director, Maintenance Engineer, and she had met with Ted Smith of the Elevator Advisory Group tega~diug m~emization of the elevator in ?arkview Villa North. She reported that Mr. Smith indicated a report EconomicDevelopmentAuthorityMinutes August18,1998 Page 2 would be prepared and submitted by weeks end and a draft of completed plans and specifications to be used for bidding purposes would be completed at the end of the following week. Ms. Stoopes-Mokamba reported the vacuum sweeper that was discussed by the EDA at the July meeting was delivered by Dalco for use by the Parkview Villa Staff for a weeks time period to assess how the equipment worked and if it would be suitable for our needs. She reported staff was very impressed with how light weight and maneuverable the vacuum was. She also indicated it has an edge brush which improved cleaning and did not have an electrical cord improving safety for the residents and staff. The battery operated vacuum was also wider and quieter than the current equipment. She recommended the Board approve purchasing the Eagle TKS00ET fi:om Dalco for the amount of $2,999. Anderson suggested that the motion approving the purchase be revised to include authorization to include sales tax in addition to the acquisition of the sweeper. Regarding the physical plant, Ms. Stoopes-Mokamba stated that Safeway was entering the units and installing the new emergency fire alarm system. She also stated curb areas were not able to be painted in July but expected the job would be completed in August. Staff was also seeking bids for contract carpet cleaning services. She reported that there were two vacancies in the Parkview Villa South building and that the four-plex at 4607 Tyler Street NE is currently full. Finally, she reported that the annual picnic will be on Friday, September 11. She encouraged the Commissioners to participate in the annual picnic which will have a Fall theme. Commissioner Dustin had previously agreed to participate. A final comment was presented regarding a car theft that was reported on Tuesday, August 18, 1998 to the Columbia Heights Police Deparm~ent. She provided a memorandum to the Commissioners outlining what was known regarding the recent car theft. Shirley Barnes presented to the Board the results of the annual "Satisfaction Survey". She summarized the survey results and its general themes and noted that this was the second annual Satisfaction Survey administered at Parkview Villa. She was pleased to report that there were many personal comments in favor of Pat, Reuben, Bill and Jennifer. Finally, she reported that the Columbia Village Senior Housing project was on schedule for a groundbreaking at the Crest View Confirmation campus sometime in late September. She indicated that HUD had completed the fnma commitment process and had started the initial closing process. Ms. Stoopes-Mokamba also affirmed that in discussions with Minneapolis Public Housing Authority staff there was a general nervousness or concern about doing customer service/satisfaction surveys. She believed that the process was go(xl and it heightens the awareness of management to issues that can improve tenant services. The Board requested input from Pat or Reuben Bush regarding the carpet sweeper. Mr. Bush indicated the vacuum performed in an outstanding fashion and fully met their expectations. The Board discussed the potential need for a spare battery and inquired about replacement part costs. Ms. Stoopes-Mokamba reported that all parts for the carpet sweeper would vary from a low of $50 to a high of $125. MOTION by Sturdevant, seconded by Dustin, to approve and authorize the expenditure of $2,999 plus sales tax, plus the acquisition of one spare battery up to $125 to Dalco for the Eagle Carpet Sweeper (includes battery and charger) with funds to be appropriated fi:om 20346330-5180 and 21346340-5180 and to direct staff to explore acquisition of the equipment by the management company to acquire on behalf of the EDA if legal and acceptable. Ail ayes. MOTION CARRIED. RECOGNITION, PROCLAMATIONS~ PRESENTATIONS~ GUESTS - None. PUBLIC F[EARINGS - None. ITEMS FOR CONSIDERATION A. Other Resolutions. 1) Budget Resolution 98-12. President Peterson recognized Deputy Executive Director Anderson to report and present the proposed 1999 Community Devetopmen0EDA)RRA budgets. Anderson noted the budget was presented in the agenda packet on Economic Development Autlmrity Minutes August 18, 1998 Page 3 yellow sheets of paper. He indicated the budgets presented were specifically related and overseen by the EDA, as well as other funds/depax,itents that were overseen by the City Council as part of the Community Development Department. Because of the interrelated nature of the budgets, he indicated all were presented for review by the EDA Board of Commissioners. Anderson referenced a memorandum dated August 18, 1998 regarding a s,,mmary of the proposed 1999 Budgets. He explained and outlined several funds and departxnents administered within the overall Community Development Deparunent. He identified the nine separate funds and sixteen departments within those funds. He explained the structure of these funds were established to improve reporting to Federal agencies for the various programs that were administered by the City of Columbia Heights and the Columbia Heights Economic Development Authority. The funds were also structured to identify major functional areas within the Community Development Department. Anderson also wanted to point out that the overall objective of the Community Development Department is to provide building inspection, planning, housing, economic development and redevelopment activities and services to the citizens of Columbia Heights. He stated that every effort has been made to provide these services through outside sources of funds which included the Section 8 program, the Community Development Block Grant program, Minnesota Housing Finance Agency programs, and through revenues generated from building permit and licensing fees and charges. He also noted that a significant portion of revenues were derived from ad valorem tax levies from three general sources: Economic Development Authority levy, the Housing and Redevelopment Authority levy, and General Fund transfer(s). Anderson noted that the budget which was presented in the EDA packet may need revision, but as presented included an EDA levy in the total amount of $111,048, $80,239 for the HR, and $248,378 transferred in from the General Fund. Anderson then explained what major project activities were funded within the various departments and listed major highlights within the departments as follows: Administrative Transfers of $38,278 to reimburse the Administration and Finance Departments for staff support. Transfer from Community Development Administration to the Community Development Block Grant Fund in the amount of $17,245. Transfer from the EDA to the Section 8 fund in the amount of $13,827. The 1999 Budget also includes $8,484 ($5,939 for Section 8 Certificates and $2,545 for Section 8 Vouchers) to be transferred to the Fire Department for Section 8 inspections this transfer was not budgeted in 1998. Equipment Acquisition: bookcases (2), CD-rom drive (2), HP4000 computer printer (1), computer monitors (3), office furniture (4 chairs), lateral files (6), GIS mapping $2,500, storage cabinet $450, and work station and appurtenances $3,600. Proposed the addition of a full time head custodian to do general cleaning and maintenance at City Hall, the Library and the Municipal Service Center. Proposed addition of a half time Community Development Accounting Clerk. Funds budgeted in Building Inspections/Planning budget in the amount of $20,000 for the local match of a Liveable Communities Demonstration Account Grant application requesting $30,000 to assist in master planning activities. Building permit revenues estimated at $91,120 for $6.5 million in permit valuations. The sale of two duplex properties were proposed to generate a fund balance for rental properties budgeted at $100,184. Anderson stated this revenue may need to be reflected as revenue in the General Fund. Much discussion followed surrounding specific items regarding the proposed budget. Commissioner Ruettimann emphas~e6 that in general the Community Development Department budgets were a non-supporting type of budget. His point being that many of the services provided within the Community Development Department need Economic Development Authority Minutes August 18, 1998 Page 4 to be funded with property tax revenues in order to meet ali expenses. He also noted that some program revenues supplemented the expenses including such funds for the Section 8 program, Community Development Block Grant program, the HOME program, and Parkview Villa senior housing. Commissioner Ruettirnnnn also pointed out the complicated nature of this budget and wanted to know where these budgets were going in terms of comparison with 1996, 1997, and 1998 actual and budgeted expenditures. Furthermore, he would prefer to see a summary sheet identif2dng income, expenses, overhead, etc. for these various budgets. Staff replied that the proposed budgets included summary pages to be reflected in the adopted 1999 budget with more of an emphasis on narrative sections. A supplemental book with line item detail would also be available to Council members to provide supporting documentation and detail. Commissioner Jolly added that comments were helpful for certain line items to make those expenditures clear. He also stated it was his opinion that the EDA is a complicated area and that was reflected in the budgets. He also reported that the line item detail that is reported to the Council on a monthly basis was a total waste of time in his opinion. Discussion followed on the overall budget presentation format and process. MOTION by Jolly, second by Ruettimann, to waive the reading of EDA Resolution 98-12 as there are ample copies available to the public. All ayes. MOTION CARRIED. MOTION by Jolly, second by Ruettimann, to adopt EDA Resolution 98-12, being a resolution of the Columbia Heights EDA adopting a budget and recommending setting the EDA and HRA local levy. All ayes. MOTION CARRIED. MOTION by Ruettimann, seconded by Sturdevant, to direct that staff simplify the current budget presented with line item backups and prepare a budget statement of the exact financial condition to maintain a 1999 budget and listing of necessary outside funds needed to off set it. All ayes. MOTION CARRIED. B. Bid Considerations - None. C. Other Business. 1) Continuum of Care, Exhibit 1. President Peterson called on Jennifer Bergman, Housing Coordinator. Ms. Bergman indicated that she chaired the Continuum of Care committee in the county which was charged with identifying funding gaps and developing programs to prevent homelessness. She explained that attached to the EDA packet was Exhibit 1, which was prepared by the Continuum of Care Committee. She noted all Anoka County agencies elected to have the committee review their applications for homeless funding. The Exhibit 1 included information about the linkages of housing organizations, the goals of the committee, components of the continuum of care process and gaps in housing services. She noted the EDA's involved in the continuum of care process as a provider of permanent housing through the facility at Parkview Villa and the Section 8 Rental Assistance programs administered by the EDA. The EDA can also serve as a referral agency to the other service providers. 2) Section 8 Report. Ms. Bergman reported a total of 23 Certificates and 24 Vouchers were issued as part of our local program for a total of 47 issued. The utilization rate is 94 percent. There were also a total of 106 port-ins to our local program. She stated that at the September meeting it was her intention to bring an updated list of people on the Section 8 waiting list. The Occupancy Specialist was currently sending out notices requiring updated information for the waiting list and an update will be provided at the meeting in September. 3) CDBG/MS-IFA Report. Ms. Bergman stated that one CDBG application is in process with a specification write up being completed. The MHFA activity fi:om 1995 through July 1998 was reported. She indicated the number of loans in dollar value generated as part of these programs. For instance, in 1996 no loans were issued. To date in t998, 18 Fix Up Fund loans in the amount of $87,768 have been processed and closed. One Home Energy loan in the amount of $8,000 was also issued. The amount of loan activity has drastically increased since 1995 and staff is continuing to market these programs. Economic Development AuthorityMinutes August18,1998 Page 5 4) Review of MHFA Loan Applications. a) MIqFA loan application 98-3 I. Application 98-31 is a request in the mount of $2,515 to finance driveway paving and improvements. This loan request meets all requirements. Commissioner Ruettimann inquired if costs could be expended before the loan was approved. Ms. Bergman stated it is acceptable to MI-IFA and conforms with program requirements if the costs are incurred within 30 days of the loan application. She also reported it was better if the costs were charged on a credit card based upon the assumption that the costs were related to necessary emergency repairs. MOTION by Jindra, second by Sturdevant, to approve Home Improvement loan g98-31, a request for Minnesota Fix Up Funds in the mount of $2,515 subject to meeting all program requirements; and furthermore, to direct and authorize staff to submit said application to MI-IFA for purchase. All ayes. MOTION CARRIED. b) MIqFA Loan Application g98-37 (addition to agenda) Application 98-37 is a request in the amount of $1,739 to finance roof improvements. Ms. Bergman reponect that a previous loan was approved by the Board in July for this same applicant in the amount of $6,570 to replace soffits, fascias and pave the driveway. She stated the work was proposed to be done by her sons and not a contractor. Commissioner Jindra inquired if more work was necessary. Ms. Bergman replied that she had processed her original loan application and the applicant later determined that she desired to have the roof work completed also, therefore she subsequently decided to process an additional loan application. Ms. Bergrnan reported this loan request meets all requirements. MOTION by Sturdevant, second by Dustin, to approve the Home Improvement loan #M98-37, a request for Minnesota Fix Up Funds in the amount of $1,739 subject to meeting all program requirements; and furthermore, to direct staff to submit said application to the MHFA for purchase. ADMINISTRATIVE REPORTS A) Report of the Deputy Executive Director. Anderson reported that the State Auditors office has scheduled a Tax Increment Financing Seminar for October 15, at the Sheraton Midway Hotel. He indicated Commissioners should inform him if they are interested in attending and a registration form and agenda will be forwarded to the Commissioners. Anderson further reported that the property at 4915 Central Avenue which is a strip mall with a building size of 12,000 square feet was currently for sale or lease. The Board discussed current tenants on the property including Insty-Prints and the Columbia Heights Bakery. Anderson reported the broker has not been contacted yet, but further information will be forthcoming. He noted this was being reported for the Boards information only. He also reported the building at 4555 University Avenue was for sale for $325,000. The building is currently a vacant medical clinic and is owned by the University of Minnesota Health System. The lot is approximately 29,607 square feet. The property is listed through Welsh Companies. This was also provided for informational purposes only. A) Report of the Executive Director. Mr. Fehst commended the EDA Board of Directors for their ability to secure property owner approval to purchase the property at 3913 Polk Street for the reduced price of $24,000. B) Committee/Other Reports - None. CITIZEN FORUM TO ADDRESS EDA ON MATTERS NOT ON THE AGENDA - None. M~EETINGS President Peterson indicated that because of the Primary Election scheduled on September 15, 1998 it would be necessary to reschectute the meeting for 8:00 p.m. that same evening or for another date and time. Economic Development Authority Minutes August 18, 1998 Page 6 MOTION by Peterson, second by Sturdevant, to set the date of the next regular EDA meeting for 7:00 p.m. on Monday, September 21, 1998 in order to not conflict with the l:Yimary Election to be held September 15, 1998. All ayes. MOTION CARRIED. There being no further business the meeting was adjourned at 9:35 by President Peterson. RESOLUTION NO. 98- RESOLUTION APPROVING SETTLEMENT AND AUTHORIZING PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, (City) as follows: Section 1. Background. 1.1 The City of Columbia Heights (hereinafter referred to as the "City") is a defendant in the cases of Starks v. Minnesota Police Recruitment System, et. al. Hennepin County District Court File No. EM93-219, and Fields v. Minnesota Police Recruitment System, et.al.: District Court File No. EM93-218. 1.2 The Court has concluded in said actions that the defendants violated Minnesota Statutes, Chapter 363, the Minnesota Human Rights Act, in the administration of the Minnesota Police Recruitment System (MPRS) testing process for entry level police officers employment screening and that defendants are obligated to pay certain damages and penalties. 1.3 The City has previously approved a formula for the allocation of costs and damages among the defendants. 1.4 The order of the Court also requires ongoing reporting to the Court of information about all written tests used by the City for police officer selection until January 1, 2004. 1.5 The Council has been presented with a proposal for settlement of these cases under which the defendant cities would collectively pay the sum of Fifteen Thousand Dollars ($15,000) in addition to damages, costs, and fees previously awarded by the Court if counsel for plaintiffs and defendant are successful in securing a complete dismissal of the cases. 1.6 The Council has determined that it is in the public interest to settle the cases to avoid the administrative burden, commitment of staff resources, attorneys' fees and costs associated with ongoing reporting to the Court. 1.7 The MPRS has proposed that payment of the settlement be allocated among the defendant cities in accordance with Attachment One to this Resolution, which allocation is the same as that used for costs and damages previously awarded by the Court, and which allocation the Council finds to be fair and reasonable. Section 2. Approvals and Authorizations 2.1 Settlement of the cases for the total payment of Fifteen Thousand Dollars ($15,000) plus damages, costs and fees previously awarded by the Court is approved, contingent upon first securing from the Court a total dismissal of the Case with prejudice. 2.2 The City consents and agrees to payment of its share of such settlement in accordance with the allocation set forth in Attachment One. 2.3 The City Manager and Finance Director are authorized and directed to make payment for the City's share of such settlement upon notification from legal counsel that final settlement has been reached and dismissal has been secured. 2.4 This resolution does not amend any previous agreement among the defendant cities for allocation of damages, costs, disbursements, plantiffs' attorneys fees, defense costs, and defendants' attorneys fees. Adopted by the City Council of the City of Columbia Heights this 28th day of September, 1998. Offered by: Ruett imann Seconded by: Peterson Roll Call: A1 1 ayes Joseph Sturdevant, Mayor JoAnne Student, Council Secretary APPORTIONMENT OF PROPOSED SETTLEMENT Apple VaLley Blaine Bloomington Brooklyn Center Brooklyn Pm'k Col~bia HeiShts (inc. ~lltop) Coon ~pids ~age ~ove C~st~ F~b~t Ffidley ~lden V~ley Inv~ ~ove Mendo~ H~ts (inc, Lily~e New Brighton N~ Hopc New ~m No~h St. Paul O~d~e Orono (inc. Long L~e, Mtka. Be~ch and Sp~g Park) Pl~ou~ Prior ~ke ~dwood Robbinsdfle ~s~o~t Rosa~la (~c. F~con HeiSts ~ Lsuderd~e) St. ~ony St, ~es S[wge Wa~ata Woodbu~ 2.20% 4.15 4.38 8.71 3.23 6,01 1 2.41 6.07 :2.97 2.7~ 2,29 3.21 2.53 2.0? 2.84 :2.66 2.60 1.82 1,75 2.64 1.65 5,73. 1,69 · 1 1.02 1.91 1.54 4.3'1 1.31 0.97 1 1.75 0.92 2.9.8 $ 330,00 622,50 657.00 1306.50 484.50 901.50 267,00 361.50 910,50 445.50 418,50 343.50 481,50 379.50 310,50 426,00 241,50 399.00 390,00 273.00 262.50 396.00 247,50 859.50 253.50 282.00 153,00 286,50 231.00 646,50 196,50 145,50 265,50 262.50 138.00 447.00 ATTACHMENT ONE