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HomeMy WebLinkAboutNov 23, 1981Official Proceedings Regular Meeting of the Columbia Heights City Council November 23, 1981 The meeting was convened by Mayor Nawrocki at 8:02 pm. 1. Roll Call: Logacz, Norberg, Hentges, Nawrocki--present Heintz--absent 2. Invocation The Invocation was offered by Councilman Norberg. 3. Minutes of Previous Meetings Motion by Logacz, second by Norberg to approve the minutes of the Special Council Me- eting of November 5th; and the Public Improvement Hearing of November 16th, as present- ed in writing, and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions Virgil Powley, 4244 7th Street, spoke to a concern he had with his water bill. He had experienced a water leak in his home while he was out of town. He felt this occurred because of the water pressure being up and was seeking reimbursement for his high water bill. The City Manager reviewed the utility charges with the Council. There was some discussion regarding whether the receptacle that leaked was properly functioning before the water pressure went up. Motion by Logacz, second by Norberg to split the difference in costs and authorize pay- ment for this complaint. Roll call: Logacz, Norberg--aye Hentges, Nawrocki--nay Motion fails. Snow Plowing by City Crews Councilman Norberg spoke to the superior job done by the City's street crews after the last snow storm. He had occasion to drive through other cities after that snow fall and compare snow plowing done by them. He was impressed with the work of our crews as was Councilman Logacz. Motion by Norberg, second by Logacz to express appreciation on behalf of the citizens of Columbia Heights and the City Council to the crews that plowed the City's street. Roll call: All ayes Duane Erickson, 4505 Heights Drive, addressed the Council with his concerns about a neighbor's house and the overhang that is presently on it. This matter had been before the Council previously and the City Manager gave the background on it. It was suggested that the City Building Inspector check into this and report back to the Mayor with his comments in writing. 5. Ordinances and Resolutions Three ordinances, Nos. 965, 972 and 973 had been referred to a Liquor Commission for study and recommendations. The Chairman of the Liquor Commission spoke to all three of these ordinances. He presented the Commission's recommendations to the Council, giving the rational on the amendments that are being suggested. a. Second Reading of Ordinance 965, being an ordinance amending Ordinance No.853, City Code of 1977, providing for issuance of on-sale wine licenses and providing for the regulation thereof Motion by Logacz, second by Hentges to waive the reading of the ordinance as amended there being ample copies available to the public. Roll call: All ayes Regular Council Meeting November 23, 1981 page 2 Councilman Norberg expressed concern regarding the distance change being recommended and the impact this change may have on neighborhoods. Councilman Logacz felt the distance is not of as much concern as enforcement. Councilman Hentges had concern regarding that sec- tion that addressed hours for sale and consumption of wine (5.504 (11)). Motion to amend by Hentges, second by Norberg to change the hours for sale or consumption of wine in section 5.505 (11) from 8:00 am to 10:00 am. Roll call on amendment: Norberg, Hentges--aye ko§acz, Nawrocki--nay Motion to amend fails. ORDINANCE NO. 965 BEING AN OPJ)INANCE A~ENDING ORDINANCE NO. 853, CITY CODE OF 1977, PROVIDING FOR ISSUANCE OF ON-SALE WINE LICENSES AND PROVIDING FOR THE ILEGULATION THEILEOF. The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.504 of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, is herewith amended to read as follows, to-wit: 5.504(1) No person except wholesalers or manufacturers to the extent authorized under state license shall sell or offer for sale any wine without first having received an on-sale wine license issued pursuant to the provisions of this chapter, or mn Intoxicating liquor license issued pursuant to this chapter. 5.504(2) Definitions shall be as follows: a) "Intoxicating liquor" and "liquor" means ethyl alcohol, distilled, fermented, spiritous, vinous, and malt beverages containing in excess of 3.2I of alcohol by weight. ~) c) "Sale" and "sell" and "sold" means all barters for pecu- niary gain, or all manner and means of furnishir~ wine in violation or evasion of law. "Off-sale" means the sale of wine in original packages in retail stores for consumption off or away from the premises where sold. d) "On-sale" means the sale of wine for consumption on the premises only. e) "Package" or "original package" means any container or receptacle holding liquor, which container or receptacle is corked or sealed. f) "Minor" is a person less than nineteen (19) years of age. g) 'Hotel" shall be defined as provided in Section 5.503Cl)(f). h) 'Interest" shall be defined as provided in Section 5.s03(1)(i). .--~.)ar Counc~ Meeting November 23, 198) page 3' t) The term, 'on-sale uine license', means a license authortzir~ the sale of vine and non-intoxicating ~alt liquor for consumption on the Licensed premises only ~n conjunction with the sale of food. The term, "restaurant', vhen used tn connection 'on-sale vine licenses' means an establishment, other than a hotel, tmder the control of a single proprietor or nmnager, having appropriate facilities for and the primary purpose of the serving of meals prepared on the licensed premises, and vhere, in consideration of payment therefor, meals are regularly served at tables to the general public, and vhich employs an adequate staff to provide the usual and suitable service to Its guests. Such establis~nent shall have facilities for seating not less than 75 guests at one t~me. At least eighty percent (80~) of the annual gross receipts of the establishment must result from the sale of food. Such establishment shall not have a facility, the pri- mary purpose of which is the selling and serving of non- Intoxicating malt liquor or wine, vhere persons purchase or consume or are served non-intoxicating malt Liquor or wine at an elevated counter, commonly knovn as a bar. k) 'Wine" means a beverage containing not more than four- teen percent (14~) of alcohol by volume and made by the fermentation of grapes, grape Juice, other fruits or honey. 5.504(3) Every application for a license shall be verified and filed with the City Clerk. No license may be Issued unless at the time of application the applicant shall have paid an Investi- gation fee as the Council shall set by resolution. In the absence of any resolution, the fee shall be $250.00. The Council ~ay waive a portion of the fee upon a finding that the application for a license is caused by a mere corporate reorganization with none of the o~'ners of five-or-more per- .cent interest holders changing. Provided, however, that such investigation fee shall be required because of a change tn the ownership or control of a licensed corporation or because a person not previously listed in the original application shall seek to acquire or shall have acquired an interest of five percent or more of the o~nership of the corporation. No investigation fee shall be charged simply because of the incorporation of an existing licensee without change of ownership, control and interest in the premises or license. At any time that an additional investigation ts required because of an alteration, enlargement, or extension of premI- November 23, 1981 page 4 ses previously licensed or a transfer fro~ place to place, the licensee shall pay an additional investigation fee of $1oo.oo. 5.5o4(4) 5.5o4~5) Should the City Council find that an investigation is required outside the State of Minnesota, the Council may require an investigation fee of up to $2,000.00 or such lesser sum as the Council may set by resolution. Upon completion of the investigation, the amount of such fee for an outside-the-state investigation not actually expended, including staff costs, shall be refunded to the applicant. In addition to the information which may be required by the State Liquor Control Commissioner's form, the on-sale wine license application shall contain the information as provided in Section 5.503(4). All on-sale wine license applications shall be referred to the Chief of Police for an investigation of whether the applicant has any criminal record, and a report thereon, and to such other City departments as the City Manager shall direct for verification and investigation of the facts set forth in the application. The application shall also be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for a report indicating whether said prem- ises are in compliance with applicable ordinances and regula- tions. A public hearing shall then be held before the Council, at which time the application for a license shall be cons tale red. 5.5o~c~) The Council may accept or reject the license application in its discretion upon completion of the public hearin~ subject to the followin~ criteria: ' a) d) b) c) No license shall be issued to any person under nineteen (19) years of age. No license shall be issued to any applicant who does not have a primary possessory property interest in the pre- mises or location for the sale of wine. No license shall be issued to any person convicted of a violation of any law directly related to the sale, possession, manufacture or transportation of liquor, beer or wine, subject to the provisions of Minnesota Statutes Chapter 364. No license shall be issued to any corporation or part- nership unless each shareholder and partner therein would be individually eligible and qualified for said license. " Regblar Council Meeting 'November 23, 1981 page 5 e) f) ~o license shall be issued to any applicant for the sale of wine on any premises also occupied by · previous licensee who was convicted of · violation of this chapter or ~here a license has been revoked by the Council within the last six ~onths. No license shall be issued to any vine or beer ~anufac- turer. g) No license shall be granted for any hotel or restaurant building, the nearest point of ~hich building structure is within 200 feet of the center of the men or front door of a church measured in a straight line. A church shall have only one main or front door for the purposes of this subdivision. The erection of a church within · prohibited area or a change of location of a main or front door, after an original application has been granted, shall not, in and of itself, render such premi- ses ineligible for renewal of the license; and no license shall be granted for any hotel or restaurant building, the nearest point of which measured in a straight line, is within 300 feet of a school building. h) Licenses shall only be issued to qualified corporations or organizations, or to United States citizens who are residents of the State of Hinnesota. i) No license shall be issued to any person ~ho is not of good moral character and repute. No license shall be issued to any person ~ho is also the owner and holder of a federal retail liquor dealers spe- cial tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to such per- son a license to sell intoxicating liquor pursuant to the laws of Minnesota. k) No license shall be issued to any applicant which o~s an interest in more than one establishment or business within the City of Columbia Heights for which an on-sale wine license has been issued. 1) No license shall be issued for premises other than a hotel or restaurant. 5.504(7) Application for the renewal of an existing on-sale vine license shall be ~ade at least 60 days prior to the date of the expiration of the license. If, in the Judgment of the City Council, good and sufficient cause is shown by an appli- cant for his failure to file for a renewal within the ti~e provided, the City Council may, if the other provisions of this ordinance are co·plied with~ grant the application. November 23, 1951 page 6 At the earliest practicable time a.~ter application :ts Bade for a renewal of an on-sale license, and :tn any event pr:tot to the time that the application is considered by the C:tty Council, the applicant shall file with the City Clerk a eta- te~ent prepared by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the t~elve-month period im~ediately precedin& the date for filing renewal applications. A foreign cot- potation shall file a current Certificate of Authority. 5.50/,(8) If the application is by a natural person, it shall be s:tgned and s~orn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an u~tncorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners. 5.504(9) On-sale wine license fees shall be as follows: a) The initial license fee shall be paid in full before the application for a license is accepted. Renewal license fees shall be paid in full by December 20 preceding each calendar year. All fees shall be paid into the general fund of the City. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of appli- cation before approval of the issuance by the City Council, the license fee shall be refunded to the appli- cant. b) The fee for an on-sale license granted after the co. men- cement of the license year shall be prorated on a da:tly basis. c) d) e) When the license is for premises where the building :ts not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be 90 days after approval of the license by the City Council or upon the date the building ia ready for occu- pancy, whichever is sooner. No transfer of a license shall be permitted from place to place or person to person without complying with the requirements of an original application. No part of the fee paid for any license issued under this ordinance shall be refunded as a result of the suspension or revocation of a license under this ordi- nance. The City Council may in its Judgment refund a pro rata portion of the fee paid for the unexpired por- tion of a license fee, un~en operation of the licensed Regular Council Meeting ' NovEmber 23, 1981 page 7 business ceases not less than one ~onth before the expiration of the license because of: (i) (ii) Destruction or damage of the Licensed pre~ises by fire or other catastrophe. The licensee's illness, (iii) The licensee's death. (iv) A change in the legal status of the m~nicipal- icy uaking it unlavful for a licensed business to continue. f) Where a new application is filed as a result of incor- poration by an existing licensee and the o~nership control and interest in the license are ~changed, no additional license fee vi11 be required. g) The annual license fee shall be set by resolution of the Council. In the absence of a resolution, the annual license fee shall be $2,000.00. 5.504(10) On-sale vine licenses granted pursuant to the provisions of this chapter shall be subject to the following conditions: a) Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State LRw. b) c) d) e) The license shall be posted in a conspicuous place in the licensed establishment at all times. Any police officer, building inspector, or any e~ployee so designated by the City Hanager, shall have the unqualified right to enter, inspect, and search the licensed premises withoui a warrant during non, al busi- ness hours and t~o hours thereafter if persons are observed upon the licensed premises. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. No on-sale licensee shall sell vine off-sale. f) No license shall be effective beyond the space named in the license for ~htch it was granted. g) No vine shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any November 23, 1981 page 8 h) person under 19 years of age, or to any person to whom sale is prohibited by state Law. No person under 19 years of age shall serve ~ne tn any rooms constituting the place In which ~r~ne ts sold at retail on sale, No person under 18 years of age shall be employed tn any rooms constituting the place in which wine is sold at retail 'on-sale', except under 18 years of age amy be employed as that persoas musicians or to perform the duties of a busboy or dishwashing services in places defined as a restaurant or hotel or motel serving food tn roo~s tn which wine is sold at retail "or,-sale". i) No licensee shall sell, offer for sale, or keep for sale, ~rlne from any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content ~hile in the original package. Possession on the premises by the licensee of any wine in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased, shall be prima facte evidence that the contents of the original package have been diluted, changed or tampered with. J) No licensee or person employed on the licensed premises shall apply for or possess a Federal Wholesale Liquor Dealer's special tax stamp or a federal gambling stamp. k) No licensee shall keep ethyl alcohol or neutral spirits on the licensed premises or permit their use on the prem- ises as a beverage or mixed with a beverage except for beverages licensed hereunder. 1) The business records of the licensee, including federal and state tax returns, shall be available for inspection by the City Manager, or other duly authorized represen- tative of the City at all reasonable times. m) No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any slot machine, dice, or any gambling device or apparatus on the licensed premises; and he shall not permit any gambling therein. Re'g61ar Council Meeting No~ember 23, 1981 page 9 o) t licensed restaurant shall be conducted in such a manner that eighty percent (80~) or more of the ammal gross receipts for a ~tcensee year is attributable Co or derived from the servin~ of foods, A hotel sha~l be conducted in such a manner that, of that part of the total annual gross receipts attributable to or derived from the servin~ of foods and wine, eighty percent (80Z) or more of the annual gross receipts for a ~icense year is the servtn~ of foods, 5.504(11) No sale of wine shall be made after one a.m. on Sunday, nor until eight a.m. on Monday, nor between the hours of one a.m. and eight p.m. on the day of any statewide election. No sale shall be made between the hours of one a.m. and eight a.m. on any weekday. No licensee shall permit the consumption of wine upon the licensed premises after 1:30 a.m. on Sunday, nor until 8:00 a.m. on Monday, nor between the hours of 1:30 a.m. and 8:00 p.m. on the day of any statewide election, nor between the hours of 1:30 a.m. and 8:00 a.m. on any weekday. 5.504(12) No sale of wine shall be made to or in guest rooms of hotels unless the rules of such hotel provide for the service of meals in guest rooms or unless the sale of such wine is made in the manner on sales are required to be made or unless such sale accompanies and is incidental to the regular service of meals to guests therein or unless the rules of such hotel and the description, location, and number of such guest rooms are fully set out in the application for a license. 5.504(13) Restrictions on purchase and consumption are as follows: a) No licensee, his agent, or employee shall serve or dispense upon the licensed premises wine to any person under the age of 19 years; nor shall such licensee, his agent, or employee permit any person under the age of 19 years to be furnished or consume wine on the licensed premises; nor shall such licensee, his agent, or employee permit any person under the age of 19 years to be delivered any wine. No person under 19 years of age shall misrepresent his age for the purpose of obtaining wine nor shall he enter any premises licensed for the retail on-sale of wine for the purpose of purchasir~ or havin~ served or delivered to him for consumin~ any such wine nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for him any wine. Regular Council Meeting November 23, 1981 page l0 c) No person under 19 years of a~e shall receive delivery of wine. d) e) No person shall induce s person under the a~e of 19 years to purchase or procure or obtain wine. Proof of age for purposes of consuming, purchasing, or possessing wine, the consumption, sale, or Possession of ~htch is regulated by a~e may only be established by a valid driver license or a current nonqualiflcation certificate issued pursuant to Minnesota Statutes, Section 171.07. f) No person shall give, sell, procure, or purchase wine to or for any person to whom the sale of wine is forbidden by law. g) No person shall mix or prepare wine for consumption or consume in any public place not licensed in accordance with the ordinances of the City of Columbia Heights and State of Minnesota. 5.504(14) An applicant for an on-sale wine license shall file ~rlth the City Clerk a bond with corporate surety, or a liability insurance policy or, in lieu thereof, cash or United States government bonds in a sum set by resolution of the Council, which bond shall be approved by the Council. In the absence of a resolution, said sum shall be $5,000.00. In the event a liability insurance policy is filed, such liability insurance policy shall be in the amount of $100,000 coverage for one person and $300,000 coverage for more than one person and shall specifically provide for the payment by the insurance company on behalf of the insured of all sums which the insured shall become obliged to pay by reason of liability imposed upon him by law for injuries or damages to persons, other than employees, including the liability imposed uPon the insured by reason of Minnesota Statute §340.95. Such liability insurance policy shall further provide that no can- cellation for any cause can be made either by the insured or the insurance company without first giving ten days' notice to the City in writing of the intention to cancel the same, addressed to the License Division. Further, it shall provide that no payment of any claim by the insurance company shall in any manner decrease the coverage provided for in respect to any other claim or claims brought against the insured or company thereafter. Such policy shall be conditioned that the insurer shall pay to the extent of the principal amount of the policy any damages for death or injury caused by or resulting from the violation of any law relating to the busi- ness for which such license has been granted. The licensee and the City shall be named as Joint insureds on the liabi- lity insurance policy. Regdlar Council No~ember 23, 1981 page ll 5.504(15) The City Council may suspend or revoke any on-sale wine license for the violation of any provision or condition of this ordinance or of any state law or federal law retuhttn~ the sale of wine, and shall revoke such License for any willful violation which, under the laws of the State, is 8rounds for mandatory revocation, and shall revoke for failure co zeep the insurance required by Section 14 in full force and effect. Except in the case of a suspension pending a hearing on revo- cation, nonmandatory revocation or suspension by the Council shall be preceded by written notice to the Licensee and a public hearing. The notice shall give at least ten days' notice of the time and place of the heariu~ and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any License pending a hearing on revocation for a period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension after public hearing shall exceed 60 days. 5.504(16) 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 Five Hundred Dollars ($500.00) and imprisonment for not more than 90 days. Section 2. This Ordinance shall be in full force and effect from and after thirty days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: September 15; 1981 November 23, 1981 November 23, 1981 Logacz Hentges Logacz, Hentges, Nawrock[.-aye Norberg--nay Secretary to the Council Bruce G. Nawrocki, Mayor Second Reading of Ordinance No.972 being an ordinance amending Ordinance No.853, City Code of 1977, pertaining to intoxicating liquor Motion by Hentges, second by Logacz to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes Motion by Norberg, second by Hentges to amend Section 2 (p) to read that a restaurant should conduct a business that gets no less than 50% of its income from the service of food. Councilman Norberg's feeling is that any business that gets more than half of income from liquor is not a restau.~a(~.t, but is a liquor store. The ordinance as it Regular Council Meeting November 23, 1981 page 12 presently reads allows that no less than 40% of the income come from the serving of foods. Roll call on amendment: Logacz, Nentges, Nawrocki--nay Norberg--aye Motion fails ORDINANCE NO. 972 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO INTOXICATING LIQUOR The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.503 (2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: 'No person except wholesalers or manufacturers to the extent authorized under state license shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this Ordinance.' Sect ion 2: is herewith amended to read as follows, to-wit: "No person except wholesalers or manufacturers to the extent authorized under state license shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having received a license to do so as provided in this chapter." Section 5.503 (11) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Conditions of license shall be as follows: (a) Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State law. (b) (c) The license shall be posted in a conspicuous place in the licensed establishment at all times, Any police officer, building inspector, or any employee so designated by the City Manager shall have the unqualified right to enter, inspect, and search the pre- mises of the licensee during business hours without a warrant. (d) (e) Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. No on sale licensee shall sell intoxicating liquor off sale. (f) No license shall be effective beyond the space ~med in the license for which it was granted. Regular Council Meeting November 23, 1981 page 13 (g) (h) No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 19 years of ~ge, or to any person to ~hom sale is prohibited by state No person under 19 years of age shall be e~ployed in any rooms constituting the place in ~hich intoxicating liquors are sold at retail on sale, except that persons under 19 years of age ~ay be e~ployed to perfor~ the duties of a busboy or dish~ashing services in places defined as a restaurant or hotel or motel serving food in rooms in ~lch intoxicating liquors are sold at retail on sale. (i) (J) No equipment or fixture in any licensed place shall be owned in ~hole or in part by any ~anufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by state lay. No licensee shall sell, offer for sale, or k~ep for sale, intoxicating liquors from any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or An any manner ta~per ~lth the contents of any original package so as to change its composition or alcoholic content ~hile in the original package. Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor vhen received from the manufacturer or ~holesaler from whom it was purchased, shall be prima facie evidence that the contents or the original package have been diluted, changed or ta~pared with. (.~) No licensee shall apply for or possess a Federal ~rhole- sale Liquor Dealer's special tax stamp or a Federal gambling stamp. (1) No licensee shall keep ethyl alcohol or neutral spirits on his licensed premises or perait their use on the premises as a beverage or mixed with a beverage. (m) The business records of the Licensee, including Federal and State tax returns, shall be available for inspection by the City Hanager, or other duly authorized represen- tative of the City at all reasonable times. (n) Changes in the corporate or association officers, cor- porate charter, articles of incorporation, by-laws or partnership agreement, as the case ~ay be, shall be sub- mitted to the City Clerk within 30 days after such changes are made. In the case of a corporation~ the -2- pa~e 14 licensee shall notify the City Clerk when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister or chili, exceeds five percent (51), and shall give all information about said person as is required of a person pursuant to the provisions of Section & of this ordinance. (o) At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of any contribution he has made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made and the person or organization for whom intended. (p) A licensed restaurant shall be conducted in such a manner that no less than forty percent (401) of the business for a licensee year is the serving of foods. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, no less than forty percent (40I) of the business for a license year is the serving of foods. (q) No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. (r) No licensee shall keep, possess, or operate or permit the keeping , possession, or operation of any slot machine, dice, or any gambling device or apparatus on the licensed premises; and he shall not permit any gambling therein. (s) At the time of application for renewal of application of an on sale license, the applicant shall submit proof to the City that not less than forty percent (40%) of the gross sales of the establis~ment for which the on sale license is to be used is in the serving of food.' is herewith amended to read as follows, to-wit: "Conditions of license shall be as follows: (a) Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance and of any other applicable ordinance of the City or State law. (b) The license shall be posted in a conspicuous place in the licensed establishment at all times. Regdlar Council Meeting NoVember 23, 1981 page 15 (d) (f) (h) (i) (~) Any police officer, building inspector, or any e=ployee so designated by the City Hanager shall have the unqualified right to enter, inspect, and search the pre- uises of the licensee during business hours w/thout a warrant, Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in the place of business and on the premises. No on sale licensee shall sell intoxicating liquor off sale. Ho license shall be effective beyond the space na~ed in the license for ~ich it was Sranted. No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any habitual drunkard, to any person under 19 years of age, or to any person to whom sale is prohibited by state law. No person under 19 years of age shall be employed in any rooms constituting the place in vhich intoxicating liquors are sold at retail on sale, except that persons under 19 years of age may be employed to perfor~ the duties of a busboy or dish~ashing services in places defined as a restaurant or hotel or ~otel serving food in roo~s in ~hich intoxicating liquors are sold at retail on sale. No equipment or fixture in any licensed place shall be owned in ~hole or in part by any manufacturer or distiller of intoxicating liquor except such as shall be expressly per~itted by state law. No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors from any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its co~position or alcoholic con:ent while in the original package. Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor ~hen received fro~ the manufacturer or wholesaler fro~ whom it was purchased, shall be prima facie evidence that the contents or the original package have been diluted, changed or tampered with. -4- I~ov~mber 23, 1981 pa~e 16 (k) No licensee shall apply for or possess a Federal Whole- sale Liquor Dealer's special tax stamp or a Federal gambling stamp. (1) No licensee shall keep ethyl alcohol or neutral spirits which are not potable on his licensed premises or permit their use on the premises as a beverage or mixed vtth a beverage. (m) The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the City Manager, or other duly authorized represen- tative of the City at all reasonable times. (n) Changes in the corporate or association officers, cor- porate charter, articles of incorporation, by-laws or partnership agreement, as the case may be, shall be sub- mitted to the City Clerk within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister or child, exceeds five percent (5%), and shall give all information about said person as is required of a person pursuant to the provisions of Section 4 of this ordinance. (o) At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of any contribution he has made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made and the person or organization for whom intended. (p) A licensed restaurant shall be conducted in such a manner that no less than forty percent (40%) of the business for a licensee year is the serving of foods. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, no less than forty percent (40%) of the business for a license year is the serving of foods. (q) No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. (r) No licensee shall keep, possess, or operate or permit the keeping , possession, or operation of any slot machine, dice, or any gambling device or apparatus on the licensed premises; and he shall not permit any gambling therein. -5- l~egular Council Meeting 'November 23, 1981 page 17 (si At the time of application for renewal of application of an on sale license, the applicant shall submit proof to the City that not less than forty percent (&0Z) of the gross sales of the establishment for ~hich the on sale license ts to be used is tn the servin~ of food.' Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. ?irst Readin~: Second Readtn~: Date of Passage: September 15, 1981 November 23, 1981 November 23, 1981 Offered by: Seconded by: Roll Call: Hentges Logacz Logacz, Hentges, Nawrocki--aye Norberg--nay Bruce G. Nawrocki, Mayor Secretary to the Council oCOnd Reading of Ordinance No. 973 being an ordinance emending Ordinance No. 8~t, Citv de of 1977, pertaining to licensing (.intoxicatino lio,nr) ' ' tion by kogacz, second by Hentges to waive the readihg o'f the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 973 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO LICENSING (INTOXICATING LIQUOR) The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.503(10) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Places ineligible for license are as follows: (al No license shall be granted, or renewed, for operation on any premises, on which taxes, assessments or other financial claims of the City or of the State are due, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278, Minnesota Statutes, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this pro- vision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after be- coming due. (b) No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance, except any o~ner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Sections 340.07 through 340.39. Provided, however, that no such person may have · financial interest in the operation of the business at such location. November 23~ 1981 pa§e 18 (c) No on sale license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimum floor area of 3000 square feet or for a hotel that does not have a dining area open to the general public with a total minimum floor area of 2000 square feet. (d) (e) (f) No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. No license shall be granted to any hotel or restaurant for premises located within 300 feet of any church or within 300 feet of any pub- lic or private elementary and secondary school regularly attended on a full time basis by students under the age of 19 years. The dis- tance shall be measured in a straight line from the nearest point of the building in which the licensed business is to be located to the nearest point of the church or public school building. No license shall be issued for premises other than a hotel or res- tauraut. (g) No license shall be granted for any premises which does not have a sprinkler system." is herewith amended to read as follows, to-wit: "Places ineligible for license are as follows: (a) No license shall be granted, or renewed, for operation on any premises, on which taxes, assessments or other financial cia/ms of the City or of the State are due, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278, Minnesota Statutes, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this pro- vision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after be- coming due. (b) (c) No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance, except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Sections 340.07 through 340.39. Provided, however, that no such person may have a financial interest in the operation of the business at such location. No on sale license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimum floor area of 3000 square feet or for a hotel that does not have a dining area open to the general public with a total minimum floor area of 2000 square feet. (d) No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. Regular Council Meeting November 23, 1981 page 19 (e) No license shall be granted for any hotel or restaurant building, the nearest point of which building structure is within 200 feet of the center of the main or front door of a church measured in a straight line. A church shall have only one main or front door for the purposes of this chapter. The erection of a church within a prohibited area or a change of location of a main or front door, after an original appli- cation has been granted, shall not, in and of itself, render such pre- mises ineligible for renewal of the lidense. No license shall be granted for any hotel or restaurant building, the nearest point of which measured in a straight line, is within 300 feet of a school building. (f) No license shall be issued for premises other than a hotel or res- taurant. (g) No license shall be granted for any premises which does not have a sprinkler system." Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. · irst reading: Second reading: Date of passage: September 15, 1981 November 23, 1981 November 23, 1981 Offered by:  conded by: 11 call: Logacz Hentges Bruce G. Nawrocki, ltayor Logacz, Hentges, Nawrocki--aye Norberg--nay Jo-Anne Student, Secretary to the Council RECESS: 9:35 RECONVENE: 9:50 b. First Reading of Ordinance No.984 being an ordinance conveying an easement in certain real estate This ordinance will allow a developer in the downtown development an easement allowing construction and maintenance of retaining walls, protective earth embankment, and a sanitary sewer line within LaBelle Park. Motion by Hentges, second by Logacz to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NOT 984 BEING AN ORDINANCE CONVEYING AN EASL::/;;T IN CERTAIN REAL ESTATE The City Council of the City of Columbia Heights does ordain: November page 20 Sect ion !: Section 2: Sect ion 3: The City of Columbia Heights, Minnesota, is hereby authorized to convey and quit claim an easement to Gaughan Land, Inc., a Minnesota corporation, for construction and maintenance of retaining wa~ls, protective earth embankment and sanitary sewer service over, upon and through the following de- scribed property, to-wit: The West 35.00 feet of the South 1/2 of Lot 7 and the North 35.00 feet of Lots 37 and 38 and the North 35.00 feet of the West 35.00 feet of Lot 39 and the West 35 feet of the South 279.32 feet of the North 314.32 feet of Lot 37, all in Block 4, Reservoir Hi)Is, Anoka County, Minnesota, excepting that part taken for road. The Mayor and City Manager are hereby authorized to execute such documents as are necessary to make the said conveyance. This ordinance shall be in full force and effect from and after (30) days after its passage: First reading: Second reading: Date of passage: November 23, 1981 Offered by: Seconded by: Roll Call: Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council c. First Reading of Ordinance No.985 being an ordinance amending Ordinance No.853, City Code of I977, pertaining to the rezoning of certain real estate. This ordinance would change a zoning for property located in the 42½ Avenue area. Motion by Norberg, second by Logacz to waive the reading of the ordinance there being ample copies available to the public. Roll call: Logacz, Norberg, Nawrocki--aye Hentges--abstain Motion fails. The City Manager read the ordinance. Regular Council Meeting November 23, 1981 page 21 ORDINANCE NO. 985 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN REAL ESTATE The City Council of the City of Columbia Heights does ordain: Section 1: Ordinance No. 853, City Code of 1977, passed June 21, 1977, is herewith amended to reflect the following change, to-wit: Block 2, Reservoir Hills The south 137.5 feet of Lot 33 except the easterly 45 feet; the easterly 45 feet of Lot 33 except the north 165 feet; the south 150 feet of Lot 34 and the south 150 feet of Lot 35. Block 3, Reservoir Hills Lots 14, 15, 16, 17, 33, 34, 35, 36, 37 and the west half of Lot 38 and the east half of Lot 38 lying south of the north 165 feet. Block 4, Reservoir Hills That part of Lots 10, 11, 12, 13, 14 and 15 lying north of the south 157.5 feet. which is currently zoned "R-3, Multiple Family District", is herewith rezoned to "R-2, Two Family District". Section 2: The Official Zoning Map is herewith amended to reflect the said rezoning. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: November 23, 1981 Offered by: Seconded by: Roll call: Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council d. Resolution 81-67 establishing zoning ordinance fee schedule Motion by Logacz, second by Hentges to waive the reading of the resolution there being ample les available to the public. Roll call: All ayes e was some discussion regarding the proposed fee for rezoning. Motion to amend the resolution by Logacz, second by Norberg to change the proposed zoning fee to $500.00 Roll call: Logacz, Norberg--aye Nentges Nawrocki--nay Motion to amend fails. ' November 23, 1981 page 22 Motion to amend by Hentges, second by Nawrocki to change the proposed zoning fee to $150. Councilman Logacz noted that there is considerable time spent in this and felt it was doubtful if $150 would completely cover expenses. Roll call on amendment: Hentges, Nawrocki--aye Logacz, Norberg--nay Motion to amend fails. Motion to amend by Norberg, second by Logacz to change the proposed zoning fee to $200. Roll call on amendment: Logacz, Norberg--aye Hentges, Nawrocki--aye Motion to amend fails. Motion to amend by Norberg, second by Hentges to change the rezoning application fee to $250. Roll call: Logacz, Norberg, Hentges--aye Nawrocki--nay Motion carries Other types of applications and their fees were discussed. Motion to amend by Hentges, second by Norberg to change the fee for P.U.Ds to $250. Roll call: Logacz, Norberg, Hentges--aye Nawrocki--nay Motion carries RESOLUTION 81-67 ESTABLISHING PLANNING AND ZONING FEE SCHEDULE WHEREAS, the fees for planning and zoning applications have not been adjusted for the past seven years during which time the costs for process- ing such applications has increased, and WHEREAS, City Ordinance No. 853, City Code of 1977 (as amended) pro- vides for the City Council to adjust the planning and zoning application fees periodically, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights here- by adopt the following planning and zoning fee schedule to be effective January 1, 1982. Type of Application Application for Rezoning Variance/Appeal Conditional Use Permit P. U. D. Privacy Fence Passed this 23rd day of November, 1981. Dffered by: Hentges Fee S250.00 25.00 50.00 S250.00 15.00 Seconded by: Logacz Roll Call: Logacz, Norberg, Hentges--aye Nawrocki--nay Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary Reguiar Council Meeting November 23, 1981 page 23 · Resolution establishing 1982 fee schedules for building construction, plumbing, heating gas piping, air conditioning, refrigeration, wrecking and moving, fire suppression, and other related construction work. Motion by Logacz, second by Norberg to table this item for additional information, Roll call: All ayes Motion by Norberg, second by Logacz to reconsider Resolution 81-67. Roll call: Norberg, Logacz--aye Hentges, Nawrocki--nay Motion fails. f. Resolution 81-68 establishing new senior citizen eligibility standards for sewage disposal and water supply utility rates Motion by Hentges, second by Logacz to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes P. ESOLUTION 81- 68 ESTABLISHING NEW SENIOR CITIZEN ELIGIBILITY STANDARDS FOR SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES WHEREAS, Resolution 81-55 adopted by the City Council on October 13, 1981 established new eligibility standards for senior citizens for Refuse Service; and WHEREAS, it has been the City's practice to maintain uniform eligibility standards whenever possible, Now, Therefore, Be It RESOLVED, that the Sewage Disposal and Water Supply Senior Citizen Eligibility Standard to be as follow: Senior Citizen Rate: For low-income residents over 62 years of age and a maximum household income of less than $8~000.00 per year. (Sewage Disposal (Minimum Water Use : $2.50/month $7.50/quarter) : $1.50/month $4.50/quarter) BE IT FURTHER )LESOLVED, that the above eligibility standard be effective December 1, 1981. Passed this 23rd day of November, 1981. Offered by: Hentges Seconded by: Logacz Poll Call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary November 23, 1981 page 24 g. Resolution 81-69 establishing water supply rate for non-resident users. The City Manager explained his reasoning as to why he is proposing that the Council establish $1.00 per 100 cubic feet of water consumed as the rate to be charged. The Police Chief sug- gested that the rate change be indicated as a percentage so there would be no need to change the resolution each time. Discussion followed regarding colleciton procedures for non-resident users. Motion by Norberg, second by Hentges to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION 81-69 ESTABLISHING WATER SUPPLY RATES FOR NON-RESIDENT USERS WHEREAS, the City of Columbia Heights provides water utility service to users outside the City's Corporate Limits; and WHEREAS, this service results in additional cost to the City of Columbia Heights; Now, Therefore, Be It RESOLVED, that the Water Supply Rates for non-resident users be as follow and to be effective January 1, ~982. For Master Meter Service: ~Municipal Arrangement) ]15% of City's Residential Rate Schedule For Non-Master Meter Service: ]25% of City's Residential (Direct Residential Billing) Rate Schedule Passed this 23rd day of November, ]981. Offered by: Norber§ Seconded by: Hentges Roll Call: All Ayes Bruce G. Nawrocki, Mayolr Jo-Anne Student, Council Secretary 6. Communications a. Letter from Charter Commission Regarding Proposed Changes to Charter A letter from the President of the City's Charter Commission has been received indicating a number of proposed changes to be made to the City Charter. The Mayor requested that a current version of the Charter be gotten for every member of the Council and this letter Regular Council Meeting November 23, 1981 page 25 e discussed at a later date. b. Action Alert from League of Minnesota Cities The City Manager spoke to the content of the Action Alert which dealt with Homestead Credit and Local Government Aid Payment. He also informed the Council of what he has initiated in the City departments regarding potential cutbacks in expenditures. This was an informational item. 7. Old and New Business a. Old Business 1. Request to Reschedule Public Improvement Hearing Motion by Norberg, second by Logacz to reschedule the Public Improvement Hearing, originally set for February 15, 1982, to March 1, 1982. Roll call: AIl ayes February 15, 1982 is a legal holiday and City Hall will not be open. 2. Appointments to Boards and Commissions It was noted that the term of Tom Lucas on the Merit Board had expired and the Council Secretary was asked to contact him by letter. b. New Business 1. Authorization to Seek Bids for Custodial Contract Motion by Hentges, second by Norberg to authorize the City Manager to seek bids for a cus- todial services contract with the bid opening on December 18, 1981. Roll call: All ayes Award of Bids a. Legal Publications Motion by Norberg, second by Logacz to award the bid for legal publications to the Sun Newspapers doing business as Minnesota Suburban Newspapers, Inc. based upon low, formal bid and that the Mayor and City Manager to authorized to enter into a contract for same. Councilman Hentges questioned if there were other papers eligible to print required information besides the Sun. He was advised by the City Attorney that there very well may be considering the changes made in the 1980 legislative session. Hentges also had questions regarding the affirmative action program of the Sun. Motion by Hentges, second by Norberg to table this matter for further information. Roll call: Norberg, Hentges--aye Logacz, Nawrocki--nay Motion fails. Roll call on main motion: Logacz, Nawrocki--aye Hentges--nay Norberg--abstain Motion fails. Councilman Norberg said he would like the matter investigated further and felt the award could wait a couple of weeks for this additional information. Motion by Nawrocki, second by Norberg to table this item for further consideration and additional information until the next regular meeting. Roll call: All ayes b. Para-Transit Shared Ride Motion by Logacz, second by Hentges that Town Taxi Co. lnc. bid for the Shared Ride Para-Transit Program Contract for calendar year 1982 be accepted in the amount of $2.15 per passenger carried; and that the Mayor and City Manager to authorized to enter into a contract for same, subject to approval by the State of Minnesota, Department of Transportation; and, furthermore, that the Mayor and City Manager be authorized to enter into a contract with the City of Hilltop to participate in the Shared Ride Program for 1982 with the City of Hilltop assuming responsibility for related costs on a pro-rata basis and subject to concurrence by the Minnesota Depart- ment of Transportation. Roll call: All ayes R~gular Council Meeting November 23, 1981 page 26 3. Sullivan Lake Park--Change Order for Electrical Work o#Motion by Norberg, second by Logacz to authorize the City Manager to execute change order 6 in the amount of $3,406.50. Roll call: All ayes The major issue addressed in the Change Order is the addition of roof vents in the Sullivan Lake Park shelter. 4. Establish Date for Work Session Monday, December 7, 1981 was selected as the date for a Council work session to discuss two items; location of an on-sale liquor operation and amendments to the 1982 budget. 5. Transfer of John Tiggas Motion by Hentges, second by Logacz to approve the transfer of John Tiggas from the position of Assistant Recreation Director to the position of Community Education Coordinator effective immediately. Roll call: All ayes 6. Other New Business Councilman Logacz felt the City crews should investigate the collecting of debris and branches that resulted from the weather in the last few days. The Mayor inquired if sand barrels had been located i.n areas where residents could use them. He was advised that these barrels were placed already. 8. Reports a. City Manager's Report This report was presented in writing. The City Manager spoke to two items in the report; the dividend check received from Home Insurance Company and 1982 charges from the Metro- politan Waste Control Commission. City Attorney's Report I'here was nothing to report at this time. 9. Licenses Motion by Logacz, second by Norberg to grant the licenses, as listed, upon payment of the proper fee. Roll call: All ayes 10. Payment of Bills Motion by Logacz, second by Norberg to pay the bills as listed out of proper funds. Roll call: All ayes .Adjournment Motion by Logacz, second by Norberg to adjourn the meeting at /~-Anne Student, Cou~il Secretary 12:15 am. Roll ca/~!:/All/ayes Bruc~ G. Nawrocki, Mayor