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July 10, 2000 Regular
CiTY Of COLUMBIA HEIGHTS 590 4OTH AVENUE N.£., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 ADMINISTRATION Mayor Gary L. Peterson Councilmembers John Hunter DonaM G. Jolly Marlaine Szurek Julienne Wyclmff Cie/Manager Walter R. Fehst July 7, 2000 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, July 10, 2000 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. . IThe 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, progran~ or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, prograrm, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 706-3611, to make arrangements. (TDD/706-3692 ~o,r deaf or h~l~ impaired only) 1. CALL TO ORDER/ROLL CALL 2. PLEDQE OF ALL]~GIANCE. 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.) 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.) Ao MOTION: Move to approve Consent Agenda items as follows: 1) Minutes for Approval MOTION: Move to approve the minutes of the June 26, 2000, Regular Council Meeting as presented. 2) Authorize attend~ce of the Information Systems Directo[ at LaserFiche Training MOTION: Move to authorize the attendance of Aleksandr Chemin, Information Systems Director, at the training for LaserFiche Integrator Toolkit from August 23, through August 26, 2000 and that all related expenses be 'reimbursed from the Information Systems fund. 3) Authorize ~tten0an~ce of the Assistant to the City Manager at the NATOA Conference MOTION: Move to authorize the attendance of Linda Magee, Assistant to the City Manager, at the National Association of Telecommunications Officers and Advisors Conference tobe held in Los Angeles, California, from September 13-16, 2000 and that all related expenses be reimbursed from funds 225-49844-3105 and 225-49844-3320. 4) THE CITY OF COLUMBIA Appointment of Deputy Director of Civil Defense MOTION: Move to concur with the Mayor's appointment of Charles Thompson'to the position of Deputy Director of Civil Defense effective July 10, 2000, and that Chief Thompson is to be paid half of the salary authorized by Resolution 93-14 for the year 2000, and be eligible for the full annual salary when he becomes fully certified in emergency management. HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda July 10, 2000 Page 2 5) 6) 7) 8) 9) Conditional Use permit - Case #2000-0612. 4923 Central Avenue MOTION: Move to approve the Conditional Use Permit to allow the operation of the Cairo Grill in the Retail Business Zoning District at 4923 Central Avenue NE, subject to the following conditions. a. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance; b. The screening requirements of the Zoning Ordinance for fencing and dumpster enclosure shall be in compliance; c. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; d. ~ A~:e~sed floor plan ofthe building showing tenan1 spaces by size and uses shall be provided to calculate parking requirements prior to occupancy; e. Hours of operation shall be confined to the period from 10:00 a.m. to 1:00 a.m. Authorization for Braun Int~rt~ to Conduct Road Rater Testin~ on Zone 6 City Streets MOTION: Move to authorize Braun Intertec Corp. to conduct Road Rater testing on Zone 6 streets, excluding C.S.A.H. for a cost not-to-exceed $9,850 with funding from the Infrastructure Fund; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Atgthorization to seek bids for Retainin~ Wall Construction MOTION: Move to authorize staff to seek bids for retaining wall construction at Jefferson Street divide, 5255 7' Street (on 53ra Avenue), and 4342 Arthur Street. Approve ap_ _vlication for one-time ~Gamblin_~ Rmuest by East River Hockey Association Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-time bingo event to be conducted by the East River Hockey Association at the Church of the Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, on August 12 and 13, 2000; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. Establish H©aring Dates Re: License Revocation or Susp_ ension of Rental Properties at 3849 Central Avenue, 4542 H~i?-hts Drive. and 1215-1217 Circle Terrace MOTION: Move to establish a Hearing Date of July 24, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against F. C. Celtic, LLC at 3849 Central Avenue. MOTION: Move to.Establish a Hearing Date of July 24, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Oina Gilgore at 4542 Heights Drive. MOTION: Move to Establish a Hearing Date of July 24, 2000 for Revocation or Suspension of a License to operate a Rental Property within the City of Columbia Heights against Nurhan Kasar at 1215-1217 Circle Terrace. 10) Approval of Resolution #2000-52 for Final Plans and Specifications and authorize City Council Agenda July 10, 2000 Page 3 advertisement for bidding for the lOniver~ity Avenue Backlit Street Name ~igns, Ci_ty Project No. 1999-20 MOTION: to waive the reading of Resolution No. 2000-52, there being ample copies available to the public. MOTION: Move to approve and adopt Resolution No. 2000-52 appwving the final plans and specification and authorize advertisement for bidding for the University Avenue Bacldit Street Name Signs, City Project No. 1999-20. 11) Annrove License Avvlica~ons MOTION: Move to approve the items as listed onthe business license agenda for July 10, 12) Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. PROCI~AMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A. Proclamations 1. National Night Out - August 1, 2000 B. Presentations 1. Gateway Park Entrance Monument C.. Introduction of New Emvlovees 1. Tim Johnson, Planner - Community Development 2. Stephen Bloom, Officer - Police Department D. Reco~c, nition PUBLIC HEARINGS A. l~l~lic Hearin~ for the Consideration of Franchise A~tfiications MOTION: Move to continue the Public Hearing to consider the franchise applications of Wide Open West and Everest Connections Corporation to Monday, September 25, 2000, at 7:00 p.m. Bo Public Hca'lng to AdoPt Resolution//2000-53 for Revocation of the Rental License for 1407- 1409 Circle Terrace NE MOTION: Move t° Close the public hearing and waive the reading of Resolution No. 2000-53, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2000-53, Resolution of the City Council of the City of Columbia Heights approving Revocation Pursuant to Ordinance Code Section 5A.408.(1) of the Rental License held by Susan Loewenthal Regarding Rental Property at 1407-1409 Circle Terrace. Co Public Heaaring to Adopt Resolution 2000-54 for Revocation of the Rental License for 500 400' Avenue MOTION: Move to close the public hearing and waive the reading of Resolution No. 2000-54, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2000-54, Resolution of the City Council of the City of Columbia Heights approving Revocation Pursuant to Ordinance Code Section 5A.408.(1) of the City Council Agenda July 10, 2000 Page 4 Rental License held by A. C. Milan, LLC regarding property at 500 40~ Avenue. ITEMS ,FOR CONSIDERATION A. Other Ordinances and Resolutions 1. First Reading of Ordinance # 1416. amending Or0io~ce 853. Ci_tv Code of 1977, pertaining to the amendment of certain sections of the wine and beer licensing recluirements of the City. MOTION: Move to waive the reading of Ordinance #1416, there being ample copies available to the public. MOTION: Move to establish July 24, 2000, at approximately 7:00 p.m., as the second :reading ofOrdinance#14tt?oetng ~:Ordinance amending'Ordinance 853, City Code of 1977, pertaining to the amendment of certain sections of the licensing requirements of the City. B. Bid Considerations C. Other Business ,ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney C. Report of the Building Official o GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Meeting of the June 6, 2000 Library Board of Trustees 10. CITIZENS FORUM (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.) 11. ADJOURNMENT Walter R Fehst, City Manager WF/pm OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING ~ 26, 2000 CALL TO ORDER/ROLL CALL Present: Councilmember Jolly, Councilmember Wykoff, Councilmember Hunter, and Mayor Peterson Absent: Councilmember Szurek 2. PLEDGE OF ALLEGIANCE 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.) e 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.) Walt Fehst, City Manager, indicated Item g4-~4-5 will be removed from the consent agenda, as the information requested from the applicant was not received. A. Motion by Wyekoff, second by Hunter, to approve Consent Agenda items, except item A-5, as follows: 1) Minutes for Approval MOTION: Move to approve the minutes of the June 12, 2000, Regular Council Meeting as presented. 2) Approval to host the annual Police & Fire Reserve Appreciation Event MOTION: Move to authorize the expenditure of up to $4,000 from the Civil Defense budget fund 101-42500 line 4374 to host the annual appreciation night for the Fire and Police Reserve Units, and that the Mayor and City Manager are authorized to enter into contracts as needed for this event. 3) Authorization to hire Temporary Crime Analyst from the '99 School Based Partnership Grant MOTION: Move to approve the hiring of a temporary crime analyst for a period of one year, with a starting date to be in July 2000; also, to approve the purchase of necessary software and computer equipment to be used to implement this grant, total amount of personnel and equipment cost not to exceed $92,342.00, with funding to come from the 1999 School Based Partnership Grant #1999SBWX0026. O Fehst indicated this program is 100%funded by the grant received. 4) Authorization to purchase CFA Fleet Maintenance Software Program MOTION: Move to authorize staff to purchase one CFA Fleet Maintenance Program from Computerized Fleet Analysis, Inc. of Addison, Illinois for a cost of $10,650, plus tax, with funds allocated from 701-49950-5170. City Council Agenda June 26, 2000 Page 2 5) REMOVED FROM CONSENT AGENDA: Conditional Use Permit - Case #2000-0612, 4923 Cen~al Avenue MOTION: Move to approve the Conditional Use Permit to allow the operation of the Cairo Grill in the Retail Business Zoning District at 4923 Central Avenue NE, subject to the following conditions. a. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance; b. The screening requirements of the Zoning Ordinance for fencing and dumpster enclosure shall be in compliance; c. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; d. A revised floor plan of the building showing tenant spaces by size and uses shall be provided to calculate parking requirements prior to the City Council meeting of June 12, 2000; and e. Hours of operation shall be confined to the period from 10:00 a.m. to 1:00 a.m. 6) Approve agreement for Lawn Maintenance and Snow Removal Services MOTION: Move to award the contract for lawn maintenance and snow removal services to Lawn Service and Snow Removal, Inc; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Fehst indicated this contract will allow us control on how often the contractor cuts grass or plows snow. 7) Close Hearing for Rental License Revocation of 1020 440' Avenue MOTION: Move to close the Public Hearing Regarding the Revocation or Suspension of the Rental License held by Greg Heinen regarding Rental Property at 1020 44th Avenue in that the property is in compliance with the Housing Maintenance Code. 8) Close Hearing for Rental License Revocation of 4201 62 Street MOTION: Move to close, the Public Hearing Regarding the Revocation or Suspension of the Rental License held by Thomas Zarembski regarding Rental Property at 4201 62 Street until such time that the proper owner of the property can be notified. 9) Establish Hearing Dates Re: License Revocation or Suspension of Rental Properties at 500 40th Avenue and 1407-1409 Circle Terrace MOTION: Move to establish a Hearing Date of July 10, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against A. C. Milan at 500 40th Avenue. MOTION: Move to Establish a Hearing Date of July 10, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Susan Loewenthal at 1407-1409 Circle Terrace. 10) Approve Re-Issue of Rental Housing License Revocation for 4610-4612 Fillmore St. City Council Agenda June 26, 2000 Page 3 MOTION: Move to issue a Rental Housing License to Mohsen Dessouki to operate the Rental Property located at 4610-4612 Fillmore Street in that the provisions of the Housing Maintenance Code have been complied with. 11) Approve Re-Issue of Rental Homing License Revocation for 1407-1409 Circle Terrace MOTION: Move to issue a Rental Housing License to Susan Loewenthal to operate the Rental Property located at 1407-1409 Circle Ten'ace in that the provisions of the Housing Maintenance Code have been complied with. 12) Close Hearing for Rental License Revocation of 4616 Tyler Street MOTION: Move to close the Public aHearing Regarding the Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Syed Raza at 4616 Tyler Street. 13) Close Hearing for Rental License Revocation of 218-220-42nd Avenue MOTION: Move to close the Public Hearing Regarding the Revocation or Suspension of the Rental License held by Christopher Decker regarding Rental Property at 218-220 42''d Avenue in that the property is in compliance with the Housing Maintenance Code. 14) Close Hearing for Rental License Revocation of 4147 Washington Street MOTION: Move to close the Public Hearing Regarding the Revocation or Suspension of the Rental License held by Lan'y Wakeman, regarding Rental Property at 4147 Washington Street in that the property is in compliance with the Housing Maintenance Code. 15) Approve Rental Housing License Applications MOTION: Move to approve the items as listed on the rental housing license agenda for June 26, 2000. 16) Approve License Applications MOTION: Move to approve the items as listed on the business license agenda for June 26, 2000. 17) Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. Wyckoff ask for clarification on the crime analysis partnership. Fehst stated this is only a one yearjoint research study with the school district to reduce crime assaults. Jolly indicated that no specific incident triggered this, but federal monies were available and we applied. This is a pro-active program. All ayes, motion carried. e PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Proclamations B. Presentations C. Introduction of New Employees D. Recognition Cit7 Council Agenda June 26, 2000 Page 4 Mayor Peterson thanked the Lions Club for the wonderful, Jamboree parade they sponsored on Friday, June 23. He also thanked Wally Logacz who organized the parade. Peterson thanked the outgoing Jamboree Royalty, and congratulated the new Queen Amber Meyers, First Princess Sara Trezona, and Second Princess LeAnn Zieski. Jolly asked why the Civil Defense Director was pulled from the preliminary agenda. Fehst indicated it has been rescheduled for the next Council meeting. 6. PUBLIC HEARINGS Second Reading of Emergency Ordinance No. 1414, Being an Ordinance for a 60 Day Extension of the Moratorium on the placement, construction, and modification of towers and wireless telecommunication facilities within the City of Columbia Heights Ken Anderson, Community Development Director, stated this ordinance wouM extend the current moratorium from July 10 to September 1 O, 2000. EMERGENCY ORDINANCE 1414 BEING AN ORDINANCE OF THF. COLUMBIA HI~IGHTS CITY COUNCIL FOR A 60 DAY EXTENSION OF TI~. MORATORIUM ON ~ PLACEMENT, CONSTRUCTION, AND MODH~'ICATION OF TOWERS AND WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN THI~ CITY OF COLUMBIA HE~IGHTS The City of Columbia Heights does Ordain: Section 1: Wlt~.REAS, on February 8, 1996, Congress enacted the Federal Telecommunications Act of 1996, P.L. No. 104-104, to deregulate the telecommunications industry, providing a more competitive environment for wired and wireless telecommunication services in the United States; and, WHEREAS, increased competition in thc market for wireless telecommunications services may create an increased demand for antenna sites on towers and other antenna support structures necessary for providing wireless service via existing and new technologies; and WI~EREAS; the Telecommunications Act of 1996 presetwes the authority of the City to regulate the placement, construction, and modification of towers, antenna support structures, and wireless telecommunications facilities in order to protect the health, safety, and welfare of the public; and, WFIF. REAS, the Columbia Heights Zoning Ordinance currently allows public utility structures as a Conditional Use Permit in every zoning district within the City except for the I-2, Industrial District which does not allow public utility structures; and, WHF. REAS, the City Council determines it is necessary to complete the Comprehensive Plan update and the rewrite of the Columbia Heights Zoning Ordinance and conduct further research and analysis as to appropriate zoning and performance standards for towers and wireless telecommunications facilities within the City. Section 2: NOW, THF. REFORE BE IT RESOLVED THAT in an effort to protect the health, safety, and welfare of the public the Columbia Heights City Council hereby imposes a 60 day extension to the moratorium on the placement, construction, and modification of towers and wireless telecommunications facilities within the City of Columbia Heights, with said moratorium commencing and effective July 10, 2000 through and including September 7, 2000 and recognizing said moratorium will effect only those applications for the placement, construction, and modification of towers and City Council Agenda June 26, 2000 Page 5 wireless telecommunications facilities submitted to the City after the date of adoption of this ordinance. Section 3: This Ordinance shall be in full force and effect from and after July 10, 2000 and extending through and including September 7, 2000. Passed this 26'~ day of June, 2000 Offered by: Hunter Seconded by: Jolly Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk MOTION by Hunter, second by Jolly, to waive the reading of Emergency Ordinance No. 1414, there being ample copies available to the public. All ayes. Motion carried. MOTION by Hunter, second by Jolly, to approve Emergency Ordinance 1414, being an Emergency Ordinance of the Columbia Heights City Council approving a 60 day extension of the moratorium on the placement, construction, and modification of towers and wireless telecommunications facilities within the City of Columbia Heights. All ayes. Motion carried. 7. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1. Adopt Resolution 2000-43, a Resolution adopting the City of Columbia Heights Comprehensive Plan Anderson showed maps of land use areas as they relate to the comprehensive plan. This document sets guidelines by which the City plans their future development. The process began in May of 1998 with a visit by the Minnesota Design Team. A planning advisory committee was involved since June of 1998. They met with the business community and the general public. In January, 2000 -this plan was sent to adjacent jurisdictions for their comments. The Rice Creek Watershed responded with comments. The Metropolitan Council's preliminary review was positive, pleased that two optional sections were included, but stated the surface water shed plan was incomplete. The City Engineer incorporated the needed changes and copies were distributed. Targeted redevelopments are near 40~ and University, and 40a and Central. Anderson indicated the Comprehensive Plans needs to be submitted to the Metropolitan Council by June 30. Hunter asked if other communities have submitted their plans? Anderson stated of the 193plans, over 50 have not been submitted. The Metropolitan Council has ten days to indicate if the plan is complete and another 50 days to provide comments. Bruce Nawrocki, 1255 Polk Place, felt this final Comprehensive Plan was not fully explained to residents, and was not specific on things such as zoning changes and cost information. He disagreed with adding Section 8 Certificates. He felt the reference to a future community center was incorrect as it has been voted down twice. City Council Agenda .June 26, 2000 Page 6 He referred to the storm sewer line, light rail transit, and regulations on buildings and signs. He suggested Council approve submitting the document, but not approve the actual document. James Lee, 4757 Heights Drive; George Furlong, 4752 Heights Drive; and Dave Nielsen, 4763 Heights Drive addressed Council on a street repair problem from 1998. Mayor Peterson asked that this item be addressed under Open Forum. Joyce Shellito, 403 Summit Street, asked what the Comprehensive Plan would mean to her residence. Anderson replied staff has spoken to Ms. Shellito regarding the acquisition of two homes in her area. He explained the Comprehensive Plan is a guiding document for the entire city, with a land use district map, showing only possible land uses. Anderson listed the dates of each planning meeting, held over the last two years and indicated updates were put in the Heights Ha_~venings. Shellito asked why building demolition on the two properties purchased by the City has not taken place. Anderson stated a use for these sites has not been determined, and demolition has not taken place because the City acquires as many properties as possible to bid multiple demolitions. It is anticipated the demolitions will take place in August of 2000, following Council approval. Peterson requested the Building Official get this information to Ms. Shellito when available. Shellito asked about the status of the Merit siding clean up. Fehst indicated they were now in compliance. Fehst indicated the Comprehensive Plan is like a wish list, and agreed there is are no economics in this plan. Peterson stated this is just a plan and every effort has been made to notify the public of the meetings and to get them involved. He stated this is a dream for the City, but we need to think big, and start small. Hunter stated this plan is mandated by the state, without financing. This plan is subject to review and approval by the Metropolitan Council. Karston McCarthy, 4315 3'~ Street stated the submitted report should state that no changes will be planned as residents do not want any changes. RESOLUTION 200043 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL ADOPTING THE CITY OF COLUMBIA HEIGHTS COMPREHENSIVE PLAN, SUB, CT TO FINAL REVIEW AND APPROVAL BY THE METROPOLITAN COUNCIL WHEREAS, State Statutes (Minn. Stat. 473.175-473.871 (1996)) requires that cities review and revise their comprehensive plans for consistency with MetroPolitan Council policy plans; and WHEREAS, the Metropolitan Council has amended its policy plans; and has provided system statements outlining Council policy relative to the City; and WHEREAS, the City of Columbia Heights is required to review its comprehensive plan for consistency with the amended policy plans and to prepare a revised comprehensive plan for submission to the Metropolitan Council; and Wi~REAS, the City of Columbia Heights has scheduled and budgeted to complete a major review and update of its comprehensive plan, and has proceeded diligently to complete its comprehensive plan for Metropolitan Council review; Wl~REAS, the City of Columbia Heights facilitated an extensive public participation process to assist in the preparation of the Comprehensive Plan; and, City Council Agenda June 26, 2000 Page 7 WI~EREAS, on January 14, 2000, the City of Columbia Heights circulated the revised document to the adjacent governmental units and affected school districts for review and comment; and, WI~REAS, the Columbia Heights Planning and Zoning Commission held a public hearing on May 9, 2000, to review the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission recommended that the Columbia Heights City Council adopt the Comprehensive Plan. NOW, THEI~FORE BE IT RESOLVED that the Columbia Heights City Council hereby adopts the Comprehensive Plan, subject to final review and approval by the Metropolitan Council. Passed this 26a day of June, 2000. Offered by: Jolly Seconded by: Wyckoff Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk MOTION by Jolly, second by Wyckoff, to waive the reading of Resolution No. 2000-43, there being ample copies available to the public. All ayes. Motion carried. MOTION by Jolly, second by Wyckoff, to adopt Resolution 2000-43, being a Resolution of the Columbia Heights City Council adopting the City of Columbia Heights Comprehensive Plan, subject to final review and approval by the Metropolitan Council. All ayes. Motion carried. First reading of Ordinance 1411, being an Ordinance rezoning 825 4Pt Avenue, NE 4150 Central Avenue NE, and 4156 Central Avenue NE to R-4; and approval of variance for proposed assisted living senior building, and approve the preliminary plan for the planned unit development at 825, 41't Avenue NE, 4150 Central Avenue NE, and 4156 Central Avenue NE Anderson gave the background for this proposed Planned Unit Development (PUD)for a 50 unit assisted living building and 22 rental townhouses. The rezoning requests are for 825 41st Avenue from R-2 to R-4, and 4150 and 4156 Central Avenue from CBD to R-4. A five foot height variance request would allow the senior building to be 40feet high because of the topography. Keith Jans and Chris Winter of Real Estate Equities Inc., and Shirley Barnes of Crest View Corporation were present to answer questions. Jans showed a map of the area to be redeveloped, and described where the assisted living units, rental townhouses and parking would be located. He stated all restrictions from the City have been met with this plan. Jans anticipates signing the purchase agreement with NEI this week He will continue getting the necessary information to Council for further development approvals. This project has been in progress for about two years. Jans indicated the neighbors have been notified and a meeting was held. The meeting was very well attended. City Council Agenda June 26, 2000 Page 8 Nawrocki asked for the definition of assisted living units. Barnes compared it to Royce Place, with home health aids on duty 24 hours a day, strictly for senior citizens. Jans explained the 22 townhomes are financed through a tax creditprogram, including three Hollman units. This is not Section 8 or low income rent. Anderson described use of CDBG funds toward the project. Nawrocki questioned what the property tax consequences will be. Jans discussed property taxes and Tax Increment Financing (TIF) funds. He stated the assisted living units will pay commercial taxes at 2-3%. Anderson stated some of these topics have been discussed before the Economic Development Authority (EDA). Peterson stated this zoning portion is only one step in the approval process. Fehst stated this project is a result of a large meeting with residents and the Minnesota Design Team. This project was put together to benefit the public with tax rates that are within the state guidelines. Barnes stated Crest Fiew is unable to service all seniors from the community because they are full, and that there is a need for more of this type of senior housing. Senior housing allows homes to open up for new and younger residents. Nawrocki stated the residents deserve to know the consequences of this project on their taxes, schools, etc. He asked to discuss the TIF, the time period, and how much was involved. Fehst stated it is 17years for the rental townhomes and 20years for the senior units. Fehst stated TIF is the tool available to allow such a project to proceed, which will help to rejuvenate our town and the Central Avenue area. ORDINANCE NO. 1411 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN PROPERTY Section 1: That certain property legally described as Lot 1, Block 2, Northwestern Addition. Section 2: To authorize and direct staff to amend the official zoning map to reflect the change in zoning from R-2, One and Two Family Residential District, to R-4, Multiple Family Residential District, upon the effective date of said ordinance. Section 3: That certain property legally described as Lot 2 and the south 11 feet of Lot 1, Block 38, Columbia Heights Annex to Minneapolis. Section 4: To authorize and direct staffto amend the official zoning map to reflect the change in zoning from CBD, Central Business District, to R4, Multiple Family Residential District, upon the effective date of said ordinance. Section 5: That certain property legally described as Lot 2, except the south 11 feet, Block 38, Columbia Heights Annex to Minneapolis. Section 6: To authorize and direct staff to amend the official zoning map to reflect the change in zoning from CBD, Central Business District, to R4, Multiple Family Residential District, upon the effective date of said ordinance. Section 7: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: June 26, 2000 City Council Agenda June 26, 2000 Page 9 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Museovitz, Deputy City Clerk MOTION by Wyckoff, second by Jolly, to waive the reading of Ordinance #1411, there being ample copies available to the public. All ayes. Motion carried. MOTION by Wyckoff, second by Jolly, to establish July 10, 2000 as the second reading of Ordinance #1411, which is an Ordinance rezoning 825 41st Avenue NE, 4150 Central Avenue NE, and 4156 Central Avenue NE to R-4, Multiple Family Residential District, as the proposal is generally consistent with the intent of the City Comprehensive Plan. All ayes. Motion carried. Peterson stated anyone with concerns on rezoning of this area is invited to attend the next meeting, which is the public hearing for the second reading of the ordinance. MOTION by Hunter, second by Wyckoff, to approve the five foot height variance for the proposed assisted living senior building as topographY Of the property creates a hardship. All ayes. Motion carried. MOTION by Hunter, second by Wyckoff, to approve the preliminary plan for the planned unit development at 825 41st Avenue NE, 4150 central Avenue NE, and 4156 Central Avenue NE, subject to any conditions set forth in an approved PUD Agreement. Ail ayes. Motion carried. B. Bid Considerations C. Other Business Peterson stated this item will continue following an executive session after Citizens Forum. 1. Sale and lease back of 4101 Central Avenue. MOTION: TO BE DETERMINED. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager Fehst announced it is his 24~ wedding anniversary. B. Report of the City Attomey e GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Meeting of the June 6, 2000, Planning and Zoning Commission 2) Meeting of the May 16, 2000, Economic Development Authority 10. CITIZENS FORUM (At this time, citizens have an oppommity to discuss with the Council items not on the regular agenda.) City Council Agenda June 26, 2000 Page l0 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.) The Mayor referred back to property owners of 4757, 4763, 4752 Heights Drive who spoke earlier in the evening. Lee stated there has been a problem with low spots in front of their homes since the road repairs were completed in 1998. He passed out pictures to the Council. Lee gave the history of their complaints to the Public Works Department, who marked the problem areas six times, but did not correct the problem. He stated that kids ride down the street on bikes through the water and he has cement studs by his yard that he doesn't want anyone to run into. George Furlong stated this was his first complaint to Council in 50 years of living in Columbia Heights, but he felt the street was not laid properly when it was repaired. Fehst will follow up on this complaint. Todd Hanson, who lives on Jackson Street, wanted to publicly thank the Council and staff for the work they did to correct the noise from the fans on top of the Jeruselum Market. They are now fixed and residents don't have to hear the loud vibration any longer. He stated it is nice to see when government works for residents. Jolly thanked him for his kind words. Harold Hoium, 4321 5th Street, thanked residents who have cleared brush next to their sidewalks. He proudly announced that the new bus shelter will have doors on the center section and will be heated. He thanked everyone involved with the new bus shelter. Anderson stated the bus shelter should be completed in August, and servicing the public will commence in mid-September. Wyckoff apologized to residents at Clover Pond if removing the geese upset them. She will have Clover Pond removed from the geese removal list. Mary Callahan, 4219 Jackson Street, asked when the proposed commercial building construction would begin on 42ns and Central. Anderson stated the owner has indicated he will begin construction sometime in early August. Nawrocki indicated he had a statement to make. Peterson questioned if this was the item they had previously discussed on the telephone. Nawrocki stated it was. Peterson indicated that action had been taken on this item by Council two weeks ago, and he had spoken to the City Attorney who confirmed, no improper action was taken and the salary was within bounds of adjusted wages. Nawrocki stated that as this was the Citizen's Forum, he could bring up any issue he wished. Hunter questioned why he did not address this item two weeks ago. Peterson stated the Council did not need or wish to revisit the issue. Other Councilmembers agreed. MOTION by Hunter, second by Jolly, to recess to the Executive Session. All ayes. Motion carried. Upon return: 1. Sale and lease back of 4101 Central Avenue. Fehst explained the background on the commercial district moratorium, and the donation of 4101 Central Avenue to Families Moving Forward (FMF), and Council action to claim an eminent domain. Fehst stated that currently Councilmembers, staff and the City Attorney have been working with FMF to purchase the building directly from them. This would allow the City to use the property for commercial development. The preliminary agreement is $360,000, and would allow FMF to lease the building for a limited time so they may purchase another property more beneficial to them. Fehst stated the FMF individuals were high quality individuals to work with, and everyone is pleased to have reached a friendly agreement. Cit7 Couacil Agenda June 26, 2000 Page 11 Hoefl stated the purchase price has been agreed upon with FMF, but there are some term changes which will have to be discussed with them tomorrow. MOTION by Hunter, second by Wyckoff, to approve the purchase agreement as discussed and amended with Families Moving Forward. All ayes. Motion carried. MOTION by Jolly, second by Hunter, to appropriate funds of $360,000 for the purchase of 4101 Central Avenue from the undesignated, general fund, fund balance. All ayes. Motion carried. MOTION by WyCkoff, second bY Hunter, to approve the lease agreement with Families Moving Forward, as amended. All ayes. Motion carried. Harold Hoium asked if there was a reasonable limit to the lease. Hoefl indicated the agreement would be for a maximum of two years, on a monthly agreement of $1 per month paid to the City, and a triple net lease holding Families Moving Forward responsible for taxes, utilities and other associated costs. Fehst stated if the property was an eminent domain, it would have been limited to public use. If we purchase the property, we may approach a developer. He indicated staff has received several requests regarding information to purchase the building. Peterson stated that through negotiations with FMF, everyone feels this is a WIN~WIN situation. 11. ADJOURNMENT Mayor Peterson adjourned the meeting at 10:20 p.m. Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Council Meetin$ of: July 10, 2000 AGENDA SECTION: CONSENT ORIGINATING DEP-T: CITY MANAGER NO: L(~A-2 FINANCE iX,) ~r- APPROVAL/ ITEM: Laser Fiche Training for A leksandr Ch er nih BY: WILLIAM E LRITE BY: NO: DATE: 06/28/2000 DATE: Several years ago the City purchased LaserFiche software and hardware for the purpose of using it to replace our microfilming equipment. With LaserFiche, all of our documents are permanently saved as an optical image on an optical disk similar to a CD. This is recognized as an acceptable and approved record retention format by the State of Minnesota. Although we have made significant progress with getting documents scanned into LaserFiche since the inception of the program approximately three years ago, we have had a number of ongoing problems. A majority of the problems relate to the fact that we have never sent an individual to training for the administration of the LaserFiche equipment and hardware. It is now proposed to send Aleksandr Chemin to training for this purpose. The only training that is offered on LaserFiche is in Torrance, California. We are recommending that Aleksandr attend the training session there on August 23~a through August 26t~. This should provide him with the information that is needed by the City to fully utilize our LaserFiehe software, hardware, and system. The total cost of this training, including registration, travel and lodging is approximately $2,000. The registration for the training is $1,000, ail'fare is estimated at $260, meals, lodging, ere is estimated at approximately $400. I have done significant research regarding the above and can find no other alternative to proVide the necessary training. I will be available at the council meeting to answer any additional questions the City Council may have regarding this item. RECOMMENDED MOTION: Move to authorize the attendance of Aleksandr Chemin, Information Systems Director, at the training for LaserFiehe Integrator Toolkit from August 23 through August 26, 2000 and that all related expenses be reimbursed from the Information Systems fund. WE:sms 0006282COUNCIL COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 10, 2000 AGENDA SECTION: CONSENT ~ ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~- ~ ~ CITY MANAGER'S APPROVAL. ~f / ~, ITEM: NATOA CONFERENCE--Assistant to the City BY: Linda Mag~e ~ ~ /BY: ~/~~ Manager DATE: 6-29-~~ DATE: ~7//~ NO: , . Each year, the National Association of Telecommunications Officers and Advisors holds a national conference. The conference provides an opportunity to learn more about cable regulation, legislation, technology, protection of the public rights-of-way, municipal programming, and franchise administration. This conference is particularly timely due to the ever changing legislative environment surrounding telecommunications and the potential awarding of franchises to two overbuilders. Monies are budgeted for this conference in the cable budget. RECOMMENDED MOTION: Move to authorize the attendance of Linda Magee, Assistant to the City Manager, at the National Association of Telecommunications Officers and Advisors Conference to be held in Los Angeles, California, from September 13-16, 2000, and that all related expenses be reimbursed from funds 225-49844-3105 and 225-49844-3320. COUNCIL ACTION: AUTIlO~~ON KZ~,~~ I~OR C~ONFEKEN~, WOILK~HOI:~ Name ~ A~dvi~. F. ml~matmd Gom~ l~t~tmttoa: Ammmt #: and attw.~d. Jun 28 2886 13:51:84 Via Fax 792 7661 Linde Itegee Pege M10~ 66:1 NATOA 2000- 20TM ANNU CONFERENCE The Regal Biltmore Hotel, Los Angeles, California September 13- 16, 2000 Preliminary Program Schedule: NATOA r~,erves the right to modify this preliminary schmlule at any time without notice, Changes will be posted as soon as possible. Please eontinue to check this location for additional information. Tuesday, September 12 12:30 - 7:30 p.m. 12:30 - 4:00 p.m. 7:00 - 9:30 p.m. Wgdnesda~, September, 13 8:00 - 9:00 a.m. Conference Registration Open Board of Directors Meeting Hospitality Suite for Attendees Primers TelecommunicatiOns Primer for Regulators Primer for Programmer's Primer on Cable Technology 9:15-10:45 a.m. 11:00 - 12:15 p.m. Opening General'Session- Conversion to Digital TechnO~: When' Where and at What COst? ConCurrent Sessions Internet & Cable: Fostering ConSumer Choice and Reasonable Cost Video Streaming and Web Design for Your Government Channel 12:30 - 2:30 p.m. 2:45 - 4:00 p.m. Working with competitive cable providers in your community DBS: It's Real Potential Keynote Lunch: EX~tions and Reality in the Marketplace, James O. Robbins, President and Chief Executive Officer, Cox Communications Concurrent Sessions Transfers and Renewals: New Issues, New Solutions 4:15 - 5:30 p.m. Digital Update This Is Not Your Father's Cable System: Cable as a platform for Digital Communications Municipal.Overbuilds: Is it Right for your Community? Concurrent Sessions New Chaflenges to PROW Management - Controversies in Converging Industries Challenges for Government Access Managers No l-Net Is An Island: Making Multiple Networks Within Your Communities Work Together Competition's Effect on the Marketplace 5:30 - 6:30 p.m. Programmer's LOunge Open Roundtable Meetings 7:00 - 9:30 p.m. Welcoming RecePtion Thursday, September 14, 8:00 - 9:00 a.m. Continental Breakfast 9:15 - 10:45 a.m. 11:00 - 12:15 p.m. General Session - Meeting the Challenge of New Technology David McCourt, CEO, RCN Corporation Concurrent Sessions Must Carry/Retransmission Consent - Cable & Broadcast Titans Fight in Your Backyard Great Channel Promotion Ideas for Government Access Channels 12:30 - 6:30 p.m. 7:00 - 9:30 p.m. Friday. Set~tember 15 8:00 - 9:00 a.m. The Future Of Emergency Communications: Using Wired And Wireless Resources For E-911 And Other Emergency Services Broadband Industry Perspectives: The New Players Networking Activities Joe Laposa Golf Tournament Many Faces of Hollywood - City Tour Programmer's Lounge Open Cnoun to be po~ted) Reception Continental Breakfast 9:15 - 10:45 a.m. 11:00- 12:15 p.m. 12:30- 2:30 p.m. 2:45 - 4:00 p.m. 4:15 - 6:00 p.m. 7:00 - 9:30 p.m. General Session -iGovernment Affairs Programming for ithe Nation Concurrent SessiOns Wireless Antenna i Siting Using Partnerships to Stretch Resources New Technologies and Products: What's on the horizon? The World WithoUt Wires Keynote Luncheon - Impact of Consolidation on Consumers, Regulators and Investors- Katherine Brown, Chief of Staff, FCC Programmer's Lounge Open State Chapter Meetings Legal Committee Meeting Member Services Forum NATOA Business Meeting 15~ Annual Government Programming Awards Gala Saturday. ,.gemember 16 8:00 - 9:00 a.m. Continental Breakfast 9:15 - 10:45 Concurrent Sessions Customer Service and Protection Using Government Access Channels in Emergencies Bridging The Digital Divide: Bringing Technology And Technical Career Skills To Diverse Segments Of Your Community Broadband Competition and the Regulators 11:00-12:15 p.m. Closing General Se ssion - Telecom Policy for the New Millennium 12:15 p.m. Adjournment 12:30- 2:30 Outgoing, Incoming, and Past Board of Directors and Past Presidents Lunch Sut~dav. Set~tember 17 10:00 - 12:00 p.m. Board Meeting CITY COUNCIL LE~TTER Meeting of July 10, 2000 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. ~-/~-q ~ivil Defense APPROVAL: ITEM: ^ppointment of Deputy Director Of Civil Defense BY: W alX Fehst, City Manager BY: NO. DATE: J~y 6, 2000 DATE: BACKGROUND In 1993 the then Mayor appointed, and the Council concurred, City Manager Patrick Hentges as Director of Civil Defense. Additionally, the position of Deputy Director of Civil Defense was created and additional compensation of $3,000 annually for this position was adopted according to Resolution 93-14 (copy attached). In July, 1996, City Manager Walter Fehst was appointed the Director of Civil Defense. The reason the City Manager was recommended for appointment as the Director of Civil Defense is that under City Ordinance when the City declares a state of emergency, the Director of Civil Defense becomes the Chief Executive Officer to serve the Mayor. Having anyone other than the City Manager as the Director of Civil Defense would disrupt the normal chain of command. By appointing the City Manager as the Director of Civil Defense, the chain of command for the staff would not be interrupted during an emergency. The primary work required by federal law, state law, and the City ordinance is to be carded out by the Deputy Director of Civil Defense. The Deputy Director must attend many hours of training to become our certified director to keep us qualified for partial reimbursement of Civil Defense staff expenses. The Deputy Director's duties include keeping up the emergency plan, exercising the staff and emergency plan, and carrying out all of the everyday details associated with Civil Defense and Emergency Management. ANALYSIS/CONCLUSION: The Mayor has selected Fire Chief Charles Thompson for the position of Deputy Director. Since 1979 the City has compensated the lead worker in Civil Defense-in this case, the Deputy Director-at the rate of $3,000 annually. This compensation was established for this position in Resolution 93-14. Chief Thompson has been attending tr~tirting classes to become certified in emergency management (which is the title now more commonly used than civil defense) and anticipates being fully certified in six months to a year. The Chief has also attended emergency management meetings and has taken a proactive role in emergency management in the city. The Mayor and the City Manager have recognized the Chief for his extra effort in training and extra duties. Therefore, it is the Mayor's and City Manager's recommendation that Chief Thompson be paid half of the annual salary for the position of Deputy Civil Defense. Director for this year, $1,500, and the full $3,000 annual salary when Chief ThompSon becomes fully certified. Appointments in Civil Defense are subject to the approval and consent of the City Council. RECOMMENDED MOTION: Move to concur with the Mayor's appointment of Charles Thompson to the position of Deputy Director of Civil Defense effective July 10, 2000, and that Chief ThompsOn is to be paid half of the salary authorized by Resolution 93-14 for the year 2000, and be eligible for the full annual salary when he becomes fully certified in emergency management. mld 00-163 Attachment COUNCIL ACTION: BEING A RESOLU%~N ESTABLISHING THEiPOSITION AND COMPENSATION FOR DEPUTY DIRECTOR OF CIVIL DEFENSE WHEREAS: The Columbia Heights City Council hereby creates the position of Deputy DirectOr of Civil Defense effective April 1, 1993 at an annual salary of $3,000.00; and WHEREAS: As of April 1, 1993 the Director of Civil Defense shall serve without compensation in addition to his/her annual salary; NOW, THEREFORE, BE IT RESOLVED, that the budgeted salary of the Director of Civil Defense (presently $3,000.00) be allocated to the Deputy Director of Civil Defense. Passed this 22nd day of March, 1993~. Offered by: Seconded by: Roil call: Nawrocki Murzyn All ayes "CITY COUNCIL LETTER Meetin~ of: July 10,2000 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER I.~. ~ ._~, CommUnity Development APPROVAL,~ z NO: Case# 2000-0612, 4923 Central Ave NE DATE: iJuly 7, 2000 , Issue Statement:' Amro Contractin~ is reuuestin~ a conditional use r~ermit d.'UP/ to or>eh a deli/mill Attachments: restaurant in the vacant tenant space at 4923 Central Avenue NE. The deli/grill will be called the Cairo Grill. Baekgronnd: This application will allow the operation of the Cairo Grill in the multi-tenant building in the space formerly occupied by the Exotic Pets store which moved to another location across Central Avenue. " Analysis: According to Section 9.113(2) of the Zoning Ordinance a CLIP is required if the proposed use contains a restaurant, caf6, tea room, bar, prepared food outletsi subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). The applicant is proposing that kitchen equipment be installed inside the building. They also plan to modify the double door entry and construct a unisex bathroom that will be accessible to the disabled. A seating area will be included with nine tables of four chairs each for total seating for 36 persons. Staff has requested the applicant provide a revised floor plan showing all the tenant spaces by size and use in order to calculate the total parking requirements for the building. The proposed Use requires 12 spaces and a total of 38 are provided on site. (The new plan has not been received as of this writing.) At the heating, area residents voiced concerns about the noise from rooftop air cond. units and Building Official follow-up to concerns. The rooftop fan and motor on the air conditioner has now been replaced at the Jerusalem Market. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on June 6, 2000. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the conditions listed in the recommended motion. Recommended Motion: Move to approve the Conditional Use Permit to allow the operation of the Cairo Grill in the Retail Business Zoning District at 4923 Central Ave. NE, subject to the following conditions: 1. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance; 2. The screening requirements of the Zoning Ordinance for fencing and dumpster enclosure' shall be in compliance; All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; A revised floor plan of the building showing tenant spaces by size and uses shall be provided to calculate parking requirements prior to occupancy; and Hours of operation shall be confined to the period from 10:00 a.m. and 1:00 a.m. COUNCIL ACTION: G:Uoe's Files\City Council2000\CL Cairo Grill3 THE CITY OF' COLUMBIA HEIGHTS DOES NOT DISCRIMINATE: ON THE: BASIS OF DISABILITY IN E:MPLOYME:N'r OR 3'HE: PROVISION OF SERVICES EQUAL OPPORTUNITY I='MPLbYER Case: 2000-0612 Page: I Case #: STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JUNE 6, 2000 PUBLIC HEARING 2000-0612 GENERAL INFORMATION Owner: Bresler Realty Co. of Minn. Address: Phone: Parcel Address: 4923 Central Avenue NE Zoning: RB, Retail Business Comprehensive Plan: C - Commercial Applicant: Am Ro 4750 Central Ave. NE,#34 Hilltop, MN (763) 819-6717 Surrounding Zoning and Land Uses: Zoning North: RB South: RB East: R-2 West: RB Land Use North: Commercial South: Commercial East: Residential West: Commercial BACKGROUND Explanation o_f Request: The applicant requests a Conditional Use Permit to open a deli/grill restaurant in the vacant tenant space at 4923 Central Avenue NE. The deli/grilliwill be called Cairo Grill. Information on the menu items and hours of operation have not been requested of the applicant. They are proposing 36 seats for dining. Case Histo~: The original applicant contractor was Abuzant-Houston]Construction. This has changed to Mohamad dba Am Ro. As a multi-tenant building there have been several cases associated with this site addressed from 4915 - 4945 Central Ave. NE. Case #8708-62 was a request for a sign variance; Case #8903-05 was an appeal of administrative denial which resulted in an ordinance amendment; and Case numbers 8304-13, 8411-52, 8606~28, and 8610-72 were Conditional Use Permit and/or Site Plan approvals for tenant uses. This Operation is affiliated with the Jerusalem Market at 4945 Central within the same building. The space is vacant from the previous retail Case: 2000-0612 Page: 2 use. ANALYSIS Surrounding ProperS_: The sun'ounding property on the north, south, and west ~s zoned KB, Retail Business and is used commercially. The property to the east is zoned R-2, Single and Two Family Residential and is used residentially. Technical Review: According to Section 9.113(2) of the Zoning Ordinance~ a Conditional Use Permit will be required if the proposed use contains a restaurant, ~afe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). The applicant is not proposing any physical changes to the site, or exterior structural changes to the building. However, there will be a kitchen equipment, sinks, shelving, refrigerator, exhaust hood, display case and counter installed inside the building. They also plan to modify the double door entry and construct a unisex bathroom that will be accessible to the disabled. A seating area will be included with nine tables of four chairs each for total seating for 36 persons. These improvements are subject to review and approval by the Building Official, Fire Department, and Anoka County Health Department. Minimum Yard and Density Requirements are as follows: · Lot Width shall be at least 50 feet - subject parcel is 135 feet wide; · Lot Area shall be at least 6,000 square feet - subject parcel is 33,075 square feet; · Front Yard Setback shall be 15 feet - existing strUcture meets this requirement; · There shall be at least one 10 foot side yard, the Other side yard can be zero feet - the existing building meets this requirement; · Rear Yard Setback shall be 30 feet - existing building setback is 15 feet which is a legal, nonconforming use; The floor area ratio shall not exceed 1.0 - the proPerty has a floor area ratio of approximately .036 which meets this requirement; Need minimum frontage of 40 feet - subject parcel has 241 feet of frontage along Central Avenue. Parking requirements for a restaurant are at least one space for each three seats based on capacity design. According to the floor plan, there are 36 seats ini the restaurant which requires 12 parking spaces. The site plan indicates that there are 38 parking Spaces on-site, two of which are handicap-accessible. Note that the existing parking lot meets the parking demand experienced by the current tenants. The minimum requirements of the Zoning Ordinance cannot be determined based upon the information provided by the applicant for the floor plan layout of the site. Staff will require as a condition of approval that a revised floor plan for the building be provided prior to the issuance of a building permit. Case: 2000-0612 Page: 3 Solid waste material is required to be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. Another screening requirement is that when any business is adjacent to a residential use, that business shall provide screening along the boundary of!the residential property. Screening can be accomplished by a privacy fence that is not less than 50% opaque, or it can be accomplished by providing plantings along the residential property. Staff will recommend as a condition of approval that screening comply with the ordinance requirements. Staff has not seen any information pertaining to signage. Note that the current building does not comply with the signage section of the City Code as there is no address for the Jerusalem Market. Staffwill recommend as a condition of approval that the address and other signs comply with the City Code. Compliance with Ci~_ Comprehensive Plan: The City Comprehensive Plan designates this area for fature Commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the rehabilitation of existing development land in the City. The proposal will not negatively impact any nearby residential areas and will Provide an appropriate reuse of an existing, vacant tenant space in the building, so the proposal is consistent with the City Comprehensive Plan. Summarv: The positive aspects of this proposal are as follows: 1. The proposal is consistent with the City Comprehensive Plan. 2. Cairo Grill will provide an appropriate reuse of the tenant space in the building. The negative aspects of this proposal are as follows:,~ 1. There do not appear to be any negative aspects tO this proposal provided the applicant complies with the recommended conditions. CONCLUSIONi Staff Recommendation:. Staff recommends approval of the Conditional Use Permit to allow the operation of the Cairo Grill in the Retail Business Zoning District at 4923 Central Avenue NE, subject to the conditions listed in the recommended motion. Recommended Motion: Move to recommend City Council approval of the Con~ itional Use Permit to allow the operation of the Cairo Grill in the Retail Business Zoning District at 4923 Central Avenue NE, subject to the following conditions: Case: 2000-0612 Page: 4 1. All required state and local codes, permits, and i~spections including, but not limited to building permits, fire code, and health department regulations will be met and in full compliance; 2. The screening requirements of the Zoning Ordinance for fencing and dumpster enclosure shall be in compliance; 3. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance; 4. The Jerusalem Market address sign shall be installed to comply with the minimum City Code requirements; 5. A revised floor plan of the building showing tenant spaces by size and uses shall be provided to calculate parking requirements~prioe to issuance of a building permit(s); and 6. Hours of operation shall be confined to the period from 10:00 a.m. and 1:00 a.m. Attachments: · Area Map, Completed Application Form; Existing Site Plans; Existing Floor Plans; and, Public Notice g 51ST 5055 COURT °' 5001 OU/O 1095 1100 5065 1090 1069 1074 5050 5025 5045 4955 1000 4924 4915 4920 4918 4911 4916 4912 999 1065 1061 1057 1051 1043 1035 1070 5020 1060 5010 5000~ ~1085 1101 PIERCE 50TH 5065 5055 500( LINCOLN 4901 ~.3' 80.0' 80.0' ! 80.0. ~0.0' 80.0. ao.0. 80.0' 8o.0. 80.0. 8o.o' ~1000 1020 1040 1060 1100 1120 114.0 1160 1180 1200 1220 12~ : ! 1,.0.01 "'~ 1021 1041 4061 1101 1121 1151 1151 1161 1171 1201 1221 -- ...Z(2~' 7~,Q' ?a.o' 70.0' ~.0' ?o_o' ?o.o' ?~_a' 70.0' 4906 4900 &pplication ~or: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other 1. Street Address of Subject Propertyt 2. Legal Description of Subject Propertyt CITY OF COLUNBIA HEIGHTS RECEIVED ipplic.tion ^p~ 2 7 2000 ca,e No, .30MMUNI'[¥ DEVELOPMEN-,~'eet ~/~. aeceipt 6. Zon/na: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zoning Proposed Use 8. Exhibits Submitted (~aps, diagrams, etc.) 9. Acknowledgment and $..Lgneturet The undersigned hereby represents upon aX1 of the penalties of lay, for the purpose of inducing the city of Columbia He~$hts to take the action herein requested, that all statements herein are true and that all york herein mentioned will be done in accordance with the O.~dinances of the City o£ Columbia He[ihts · and the laws of the State~o~/NinneSota. ./ ~ / ~-///~ ~ , Signature of Applicant:'--'- '".~. ~,,/"~/~.,',( ~.. ~~--. k,. /--~C_~- Date: ~//~ ~/~7,.. ?aken 117: ( RECORD OF ACTION TAKEN.BY PLANNING & ,Z,~NING cOMMISSION Application For Date: Case Planning Commission Recommendations: On the day of 19.....~ the action requested in the foregoing petition was ,. APPrOved Denied subject to the fo11 ~lng conditions: .. Planning and Zoning Administrator: CITY COUN,CIL d~CTION Approved Denied by the City Councll this · day of 19 , Subject to the following conditions: Application on Plannlng Commission Agenda Planning Commission Postponed to Planning Commission Action Applicatlon on Council Agen'da Council Postponed to Public Hearing , , City Council Action Building Department NOti'fled Appllcant Notified , , Adjacent Property Owners Not'lfled Chronology Completed By , Date Note: Attached excerpt from City Council Minutes · EQUIPMENT SCHEDULE ITEM QTY DESCRIPTION 1 1 S'NK. hiOP (By OTHERS) ' ' 2 1 SHELVING U~IT (,CHEMICALS) ... 3 3 SHELVING UNIT (;DRY STOP.AGE) ... 4 1 REFRIGERATOR. REACH-IN .i. 5 1 SINK, THREE COMPARTMENT 6 1 SHELF, WALL-MOUNTED ' 7 1 HAND SINK " I 8 1 DISHTABLE 9 1 RACKSHELF 10 1 ICE MAKER / BIN 11 1 U.C. DISHMACHINE 12 1 PRE-RINSE SPRAY 13 1 WORK TABLE I 14 2 MEAT COOKERS (BY,OTH£Ri$) 15 1 CHARBROILER W/ STAND 16 1 I RANGE' 4'T, BURNER/ CRJD~LEI 17 1 FRYER 18 1 FREEZER, REACH-IN 19 1 PREP TABLE' W/ SINK 19 A 1 FAUCET ; 20 1 SHELF, WALL-MOUNTED i ......... 21 1 REFRIGERATOR, RAISED RAILi pREp 22 1 REFRIGERATOR, REACH-IN 23 1 FAUC(~T 24. 1 EXHAUST HOOD '. 25 1 FIRE PROTECTION S;'(STEM' 26 1 INSULATED ST. STL WALL PANELS 27 1 coUNTER ...... 28 1 SHELF, PASS-THRU 29 1 REFRIGERATOR,, MERCHANDIZ~R (BY oTHERs) ;50 1 COUNTER, CASHIER 31 1 CASH REGISTER (BY OTHERS} 52 3 'DISPENSER. DISPOSABLE CUP' 3,t 1 DISPLAY CASE 34 1 COUNTER, FRONT SERVING I 35 1 lCE DISPENSER ,W/~ODA FAUCETS (BY OTHERS), · KITCHEN AREAFINISH m~lSCHEDULE: ':'i'?;~'~I FLOOR - QUARRy TILE W/ WATER RESISTANT, GROUT INSTALLED .' :':'~,~ FLUSH .W./ TILE. USE NON-SKID QUARRY TILE IN WALKWAYS ',:'..~!:!~ ONLY. 6 COVED BASE REQUIRED AT FLOOR / WALLS. ',.ii~'~ WALLS - F R P (F,!BER REINFORCED PANELS) iW/ ADHESIVE APPLIED St. Anth, Suite ~lnn~mpr Ph. (6t2 REVISIONS CITY OF COLUMBIA HEIGHTS: iii III I 590 40TH AVENUE N.E:., COLUMBIA HEIGHTS, MN 55421-3878 (612~ 782-2800 TDD 782-2806 /(m/in t/gnson Stephan Jehnson Daniel Shettuck PI.A/V/VINE A/VD ZO/VI/V6 COM, f/~lg$10/V NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission Will conduct a public hearing in the City Council Chaml~rs of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Toe,day, Jun~ 6, 2000. The order of business is as follows:. A request for a Conditional Use Permit'to allow the operation of a deli/grill in the tenant space at 4923 Central Avenue to be known as the Cairo Grill. i Section 9.113(2)(h) of the Retail Business Section of thei Zoning Ordinance requires a conditional use permit for restaurants, cafes, tea rooms, bars, prepared food outlets, and prepared delivery establishments. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Ken Anderson, Acting City Planner, at 763-706-~672. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp 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 700-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only.) THE CiTY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES E~QUAL OPPORTUNITY EMPLOYER CITy COUNCIL !~ETTER Meeting of: 7/10/00 AGENDA SECTION: CONSENT AGENDA ORI~ ~INATING DEPARTMENT: CITY MANAGER NO: ON ZONE~'f~'~6 CITY PUBi'~'IC__' 7/6/00WORKS.,. x.... BDI~E.~'//~ ITEM: AUTHORIZATION FOR BRAUN INTERTEC TO BY: K. Hans~ CONDUCT ROAD RATER TESTING DATE: ~ · STREETS , Bacl~round: Staffhas contacted Braun Intertec Corp. Inc. for performing a visual and mechanical condition survey of the existing streets in Zone 6 with a Road Rater. This is a continuation of similar rating work[done in Zones 1-5. Zone 6 is the area between University and Central, from 40t~ to 44~ Avenue, and scheduled for consUuction i~ 2002. Analysis/Conclusions: The report from Braun will provide strength analysis and maintenance recommendations for the streets. Zone 6 has approximately 8.7 miles of local streets. The cost is as follows: $1,075/mile plus mobilization for an estimated cost of $9,850.00. R~ommend~d Motion: Move to authorize Braun Inteflec Corp. Inc. t0 conduct Road Rater testing on Zone 6 sUeets, excluding C.S.A.H, for a cost not-to-exceed $9,850 with funding from the Infi'astr~cture Fund; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. KH:jb COUNCIL ACTION: CITY COUNCIL I~ETTER Meeting of.' 7/10/00 AGENDA SECTION: CONSENT AGENDA ORI¢~INATING DEPARTMENT: CITY MANAGER biO: C~. f~ .'-'{ PUBI,IC WORKS ITEM: AUTHORIZATION TO SEEK BIDS FOR BY: K. Hans~ RETAINING WALL CONSTRUCTION DAT~: 7/6/~,~...~...~ DATE: l~ckground: Annually, staff reviews and prepares plans for retaining walls on state-a~d streets throughout the city. The work is funded by the City's Municipal State-Aid account, provided the designs meet the criteria of the Office of State-Aid at MnDOT. Analysis/Coliclmiom: Staff is preparing plans for retaining wall construction/replacement at th, Jefferson Divide 5255 7~ Street (on 53~a Avenue) 4342 Arthur Street following locations: Jeffemon Divide: The Jefferson Divide timber walls were installed in the mid 1970's. The walls are beginning to deteriorate and require replacement. 5255 7~h Street: There is no wall on 53~a Avenue; however, the slope i~ steep enough to meet the requirements to install a wall, outlined in the feasibility study. 4342 Arthur Street: The walls constructed around two trees on A!thur Street are limestone rocks and are beginning to deteriorate. Staffhas been discussing the proposed work on 43a Avenue and Arthur Street with property owners. This type of consUuction was started several years ago to address slope issues and to spend down the City's Municipal State Aid Fund balance. RECOMMENDED MOTION: Move to authorize staff to seek bids for retaining wall conslmction at Jefferson Street divide, 5255 7~ Street (on 53~ Avenue), and 4342 Arthur Street. KH:jb COUNCIL ACTION: CITY COUNCIL LI~TTER . Meetinl~ of July 10, 2000.. AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. ~-P~'% i POLICE APPROVAL: I ITEM: Application for one-time Gambling Request BY: Mary Dugdate ~j.~ BY: NO. By East ~.River Hockey Association DATE: Jul~ 5, 2000 ' - DATE: BACKGROUND: The East River Hockey Association, Columbia Heights, Minnesota, has submitted a request to conduct a one-time bingo event on August 12 and 13, 2000, at the Church of the Immaculate ConcePtion, 4030 Jackson Street N.E., Columbia Heights. ANALYSIS/CONCLUSION: : Since the organization satisfies the City Council's resolutions regarding one-time charitable gambling and has paid the $25 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to for0vard a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-time bingo event to be conducted by the East River Hockey Association at the Church of the Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, on August 12 and 13, 2000; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local goveming body. Attachment 00-175 COUNCIL ACTION: i Minnesots Lawful Gambling Application for Exempt Permit- LG227 , Org~niZMion Information Organization name Eas~c R~.ve; Hockey Rssoe~n~{nn Street City Page I of 2 10/98 For Board Use Only FesPMd Check No. Irdt~ls Received I I Previous lawful gambling exemption number State/Zip Code County P.0. Box 21547 FIDis. Name of chief executive offi(~r (CEO) of organization' First name Last name MN RR&?I Daytime phone number of CEO: Tnm ~=nQ{nno~ : Name of teasurer of organization- Rrstname Lastname , Kacen Schlaqel i , Type of Nonprofit Organization Check the box that best describes your Organization: I'--1 Fratamal D Religious r~ Veteran [] Othernonprofitorganization Check the box that Gambling Premises Information CelI: 986-1242 Daytime phone number of treasurer: Rq ?-R71-11~9 indicates the type of proof your organization attached to this application: IRS letter indicating income tax exempt status Certificate of ~ Standing from the MinneSota Secretary of State's Office A charter showing you are an affiliate of a parent nonprofit organization Proof previously submitted and on file with the Gambling Control Board Name of pre~t~sas where gambling acUvtty will be conducted (for raffleS, list the site where the drawing will take place) ]:rnmaculai'.n £nnnnnt-.i nn P.h~ Address (do not u~e PO'box) City State/Zip Code County 4030 3ack$oq ~1;. NE Columbia Date(s) of activity (for raffles, indicate the date of the drawing) Hei~h~n: MN RRA91 AUoust 12 'and I~.. ?nnn Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ~ *Bingo D Raffles [] 'Paddlewheeis r"-l~PulI-Tabs [] *Tipboards '~Equipment far these activities must be obtained from a licensed diat~utor. fonna (i.e. large Ixint BrMle) upon request. The inlormation requested on this form (and any altachments) will be used by the Gambling Control Board (Board) to determine your q~ir~lk)ns to be involved in lawful gambling refuse to supply the information requeated~ the Board may not be al~ to determine your to issue you a permit. If you supply the and address Mil be public infon~stion when received by the Board. M ~e o~r infommilon that you provide will be pdv~e da la about you .- that you have provided to the Board in the process of apt~/ing for your pema ~ become all the information you have pr~ in the with the exception of your name and your organization's name and eddrels which will Privete data about you are available only to the ~. Board ~. 7% stall Of the Board access to the information; the Minnesota Department of Public Safety; the Minnesota of Admini,~a~n, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone ~ to court ordor; othe' individuals state or federal law to have access to the informalion; individuals and agencies for which law or legal order authorizes a new use or and anyone with your consent. Page 2 of' 2 Application for Exempt Permit- LG220 ~0/98 O~an~at~n Name East Rive; Hockey Assoc, iation , L~I Unit ~f Government AGkn ~ _oWledgnmnt (Required I)y Statute) r. ltynmot ::nthi~N~pllcatlon. :: thlcourtyendtownship .must. algnthisappllcitio, n. I O~nowledge this application I On beht f of the county, I acknowledge this application and thrm~ opUons for the county: 1. Approve the ~pplic~tion: By taking no action, the city allows the Board to issue · permit after 30 days (60 days for a first class c'W). 2. Waive the above.noted vmiting period: The 30 days (60 days for a first class city). Docu- mentation attached. 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). ,quir, d statute), tf the gll ~dlng I~~ il IoclMd In'e townlhip, both the cour ty end township mtmt algn this application. On beht f of the county, I acknowledge this application and thrm options for the county: 1. ApprOve the application: By taking no action, the count~ allows the Board to issue a permit a~r 30 days. 2. Waiv4 the above-noted wilting period: The county allows the Board to issue a permit before 30 days. Documentation attached. 3.Deny the application by passing a resolution within 30 da ,. Print name of county: (s~oatur~ of county person.,~ Date / / On behs ~f of the townehip, I acknowledge that the organize ~n is applying for exempted gambling activity within ~ township limits. A townsl~ip has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subcl. 2). ($tgn~ of township official ~ging appacation) Date / I Mall Application and Atte(:hment(a) a $25 application fee (mtke check payable to "State of Minnesota"). APl)lication fees are not prorated, had to: Gunb~ Control hid 1711 West CoUnty Road B, SuRe 300 South Ro#vllle, MN Ut15 Application for Exempt Permit - LG220, Informationi Sheet 10/98 Who may be issued an exempt permit?. An exempt permit can be issued to nonprofit organizations conducting lawful gambling activity on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. Separate applications Complete a separate application for each Occasion. An occasion may be either. required 1. One day of gambling activity. · If your organization wants to conduCt gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR - 2. Two or more consecutive days of gambling activity. · If your organization wants to conduct gambling on July 3, 4, and 5 at the same site, you may submit only one application and one fee. If you are conducting a raffle, each day a dYawing is held constitutes one day of gambling. If drawings are held on more than five days i~a calendar year, your organization must obtain an organization license, a gambling managers license, and a premises permit. How to Obtain a Copy of Proof of Nonprofit Status i Minnesota Secrata~ of State IRS~ Income Tax Exemption Certificate ~ Good Standing - Nonprofit Articles under a national organization of Incorpo~n C) F~ Ifyour organization falls under a national organization, Attach a copy of your organization's Certificate attach both of the following: of Good Standing (317A) showing incorporation 1. a copy of the IRS letter showing that your national as a nonprofit organization, organization has been a registered nonprofit 501(c) Organization and carries a group ruling, and This certificate can be obtained from the 2. a copy of the charter, or letter from your national Organization, recognizing your organization as a Minnesota Secretary of State: subordinate. Minneaota Secretary of State Not under a national organization' Business Services Division If yOur organization does not fall under a national 180 State Office Building organization, attach a copy of the IRS income tax SL Paul, MN 55155 exemption [501(c)] letter in the name of your Phone: 651-296-2803 organization, showing income tax exempt status. To Obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your org nization initially applied for tax exempt status to: rgb iRS P.O. Box 2508 .Room4010 Cincinnati, OH 45201 PhOne: (513) 684-3957 Sales tax exempt stetus or federal ID employer numbers iara not proof of income tax exempt stetua. Financial report and recordkeeping required Queaflm~? · On the first working day of the month in which your gambling activity is being held, the Gambling Control Board will send your ofl;lanization a financial report form and instructions. · Complete and return the financial report form to the Board within 30 days of your date of acav~. · Your organizatic~n must keep your gamb!ing records for 3-1/2 years. Call the Licensing Section of the Gamblingi Control Board at 651-639-4000. If you use a TTY, you can call the .Board by using the Minnesota Relay Service at 1-800-627-3529 and ask to place a call to 651-639-4000. The Church of the Immaculate Conception July 5, 2000 The East-River Hockey Association will not pay !more than $100.00 for the use of Immaculate Conception Church facilities at the ,Annual Fun Fest taking place on ~u~iRn e s~s~edlminis/trator Celebrating 75 Years of Grace ~, 1923-15~98 tel (612) 788-9062, fax (612) 788-0202 4030 Jackson Street Northeast. Columbia Heights, MN 55421-2929 CITY COUNCIL LETrER Meeting of.' Julv 10. 2000 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL j i A (~J ITEM: Establish Hearing Dates BY: Dana Alexon BY,: License Revocation, Rental Properties NO: DATEi July 5, 2000 DATE: 7s~"/.~,~ Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. F.C. Celtic, LLC ............................. 3849 Central Avenue 2. Gina Kilgore ............................. :... 4542 Heights Drive 3. NurhanK_asar ................................ 1215-1217 Circle Terrace RECOMMENDED MOTION: Move to Establish a Hearing Date of July 24, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against F.C. Celtic. LLC at 3849 Central Avelue. RF~O~NDED MOTION: Move to Establish a Hearing Date of July 24, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against G~na Gilgore at 4542 Heights Drive. RECOMMENDED MOTION: Move to Establish a Hearing Date of July 24, 2000 for Revocation or Suspension ora License to Operate a Rental Property within the City of C01umbia Heights against Nurhan Kasar at 1215- 1217 Circle Terrace. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 7/10/00 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ITEM: APPROVAL OF FINAL PLANS AND BY: K. Hame BY: SPECIFICATION AND AUTHORIZATION TO DATE: 7/6/00 ~ DATE: ADVERTISE FOR BIDDING FOR THE UNIVERSITY AVENUE BACKLIT STREET NAME SIGNS, CITY PROJECT NO. 1999-20 BackgFound: , Backlit street name signals were installed in 1999 along Central Avenu~ from 40~ Avenue to 52'~ Avenue. This type of enhancement is consistent with the city's goals of improving the physical appearance of the City's conunercial areas. The City Council authorized the preparation of plans and specifications in 1999 fOr the University Avenue corridor. Analysis/Conclusions: University Avenue has backlit street signs north of 53~a Avenue in the City of Fridley. There are four signalized intersections along University where backlit signs will be installed: 37a, 40~', 44~ and 49a Avenues. The City's State Aid Consm~ction account will provide funding for the estimated $58,000 construction cost. Plans and specifications have been completed by BRW and were submitted to MnDOT for approval. The signs will be identical to those installed on Central Avenue, except current Mn/DOT standards require the sign height to be six inches taller than those on Central Avenue. The work as proposed at these four intersections follows the City's goalS of improving the physical appearance of the City and would provide a consistent "look" of the two arterial comdors through the City. Reeommen~ Motion: Move to waive the reading of Resolution No. 2000-52, there being ample copies available to the public. Re~mmend~d Motion: Move to approve and adopt Resolution No. 2000-52 approving the final plans and specification and authorize advertisement for bidding for the University Avenue Backlit Street Name Signs, City Project No. 1999-20. Attachments: Sheets 1 and 10 of the construction plans Resolution approving plans and authorizing advertisement for bids rm..jb COUNCIL ACTION: RESOLUTION NO. 2000-~2 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE UNIV~ITY AVENUE BACKLIT STREET NAME SIGNS, CITY PROJECT NO. 1999-20 WHEREAS, the engineering consulting firm of BRW has prepared final plans and specifications for the improvement of Baeklit Street Name Signs on University Avenue, at 37~, 40t~, 44t~ and 49t~ Avenues, City Projeet No. 1999-20 and; WHEREAS, the City's Municipal State Aid account shall provide the funding for the proposed improvements; and WHEREAS, the improvements continue the City goal(s) of improving the physical appearance of the City's commercial and industrial corridors; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: Such plans and specifications, a copy of which iS attached hereto and made a part hereof, are hereby approved. The City Clerk shall prepare and cause to be inserted in the Official paper and the Construction Bulletin, an advertisement for bidsi upon the making of such improvement under such approved plans and specifications. The advertisement shall be published in the Focus News on July 13~, 2000, and in the ConstrUction Bulletin on July 14t~, 21~t and 28t~. The advertisement shall specify the work tO be done; shall state that bids will be received by representatives of the Council until 2:00 p.m. on August 8th, 2000, at which time they will be publicly opened by the City Engineer; will then be tabulated; and will be considered by the City Council at their regular meeting of August 14~, 2000 at 7:00 p.m. No bids will be considered unless sealed and filed with the Engineer and accompanied by a cash deposit, cashier's check, bid bond payable to the City for $ percent of the amount of such bid. Adopted by the City Council of Columbia Heights this 10t~ day of July, 2000. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: i Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk mil, i I CITY COUNCIL LETTER Meeting of: July 10, 2000 AGENDA SECTION: . ORIGINATING DEPT.: ~F~j CITY MANAGER NO: - epartment ~ APPROVAL ITEM: License Agenda BY: Kathryn Pep in /~ DAT~~ NO: DATE: July 7, 2000 BY: Attached is the business license agenda for the July 10, 2000 City Council meeting. The applications for Contractors are new applicants and are recommended for approval. At the top of the license agenda you will notice a phrase stating "*Signed Waiver Form Accompanied Application". This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. REC0~NDEDMOTION~ Move to approve the items as listed on the business license agenda for July 10, 2000. COUNCIL ACTION: TO CITY COUNCIL July 10, 2000 *Signed Waiver Form Accompanied Application 2000 BUSINESS LICENSE AOENDA APPROVED BY CONTRACTORS ADDRESS FEES BUILDING OFFICIAL AIbers Sheeetmetal "Guyer's Builders Supply "Lino Lakes Blacktop, Inc. McKee Sign Service "SBS Mechanical, Inc. "Earl Weikle & Sons 200 W. Plato Blvd. 13405- 15~ Avenue 510 Lilac St. 2721 Chisholm Ave. 7160 Madison Ave. W. 2514- 24~' Ave. S. S50.00 50.00 50.00 50.00 50.00 50.00 license.ag BRC FINANCIAL. SYSTEM 07/07/2000 08: O&: 09 Check History FLII-ID I:',~ECAP ." F'UI'-ID DESCR I F:'T I ON 101 201 203 204 205 21.2 213 235 240 250 278 415 431 601 602 603 604 609 701 720 6)81 885 884 885 S87 GENERAL COMMUNITY DEVELOPMENT FUND F'ARKVIEW VILLA NORTH ECONOMIC DEVELOPMENT AUTH SECTION 8 STATE AID MAINTENANCE PARKVIEW VILLA SOUTH RENTAL. HOUSING LIBRARY COL HGHTS AFTER SCHOOL ENRI ~IUVENILE JUSTICE GRANT CAPITAL IMPROVEMENT -- PIR CAF' EQUIP REPLACE-GENERAL WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR CENTRAL GARAGE DATA PROCESSING CONI'RI BUTED PROJECTS-REC CONTRIBUTED PROJECTS-GEN INSURANCE ESCROW FLEX BENEFIT TRUST FUND TOTAL ALI_ FUNDS DISBURSEMENTS 51,114.72 619.52 1,965.64 101.00 40,943.00 698.89 2,899.40 620.55 4,252.45 6,306.55 58.96 7,195.80 20,995.00 90,543.28 5,598~24 102,679.70 2,613.83 210,311..76 6,312.40 1,006.00 9,002.13 90.83 18,505.29 194,867.17 120.75 757,200.64 BANK RECAF': BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 757,200.64 757,200.64 BRC FINANCIAL SYSTEM 07/07/2000 08 Check History 7/10/00 COUNCIL LISTING CITY OF' COLUMBIA HEIGHTS GL540R-V06.27 PAGE I BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT AAA AWARDS ALEXON/DANA ALL SAINTS BRAND DISTRIB AUDETTE/MARY BEHL.OW/MARTHA BELLBOY CORPORATION BI...AHUT / L I NDA CNISAGO LAKES DISTRIBUTI CITIES 97 CITY PAGES CI...EF~: K I N/,.'II'UI) I TH COCA-COLA BOTTLING MIDWE DAVES SPORT SHOP DE M I TCI4ELL/DES IREE DELTA DENTAL DISTRICT 13 COMMUNITY ED DORR/SNARON EAGLE WINE COMPANY EAST SIDE BEVERAGE CO FEALY/ELAINE ~l GENUINE PARTS/NAPA AUTO Gl_ASS MASTERS GC)VE:RNMENT FINANCE OF'FIC GRIGGS-'COOPER & CO HOHENSI'EINS INC INSIDE CORNER UMPIRES I F'C F;'R I NT I NG ~IONNSON BROS. LIQUOR CO. ~IOHNSON PAF'ER & SUPPLY [; ~IOHNSON/R I C K KUEHN/~IEAN KUETNER DIST. CO. LANGE/DAVE & KATHY L. INDGREN/NANCY MARK ViEI DIST. MEDICINE LAKE TOURS MOEiLL.ER/KAREN N S P NORTN STAR ICE OFFICE DEPOT OPERATING ENGINEERS LOCA PAUSTIS & SONS PERFORMANCE OFFICE PAPER PETTY CASN - CINDI WILLP F'ETTY CASH - GARY BRAATE PETTY CASH '- KAREN MOELL F'HII.i..IF'S WINE & SPIRTS 86857 106.50 86858 26.00 86859 55.70 86860 50.00 86861 10.00 86862 8,637.71 86865 32.00 86864 1,720.53 86865 1,560.00 86866 420.00 86867 100.00 86868 152.38 86869 89.53 86870 52.00 86871 519.80 86872 5~184..46 86873 36.00 86874 1,350.04 86875 6,.840.80 86876 16.95 86877 79.16 86878 650.00 86879 415.00 86880 104~442.87 86881 3,044.05 86882 722.00 86885 70.24 86884 5,257..46 86885 300.07 86886 25.00 86887 8.59 86888 16,756.40 86889 356.00 86890 22..50 86891 1,483.40 86892 ].~716..00 86895 55.65 86894 5,599..68 86895 80.40 86896 178.46 86897 2,100.00 86898 421..22 86899 654.05 86900 77.11 86901 80.25 86902 93.66 86903 2,738.90 BRC FINANCIAL SYSTEM 07/07/2000 08 Check History 7/].0/00 COUNCIL. LISTING CITY OF COLUMBIA HEIGHI',~ GL540R-V06.27 PAGE 2 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT PINNACLE I)ISTR POSTAGE BY PHONE SYSTEM PRIOR WINE QUALITY WINE & SPIRITS SM I TH/ROXANE SPORTING GOODS INC SUF'ERIOR PRODUCT SZUREK/MARLA INE THOMF'SON/CHARL I E VOIGTS BUS COMPANIES WE I NANDT/BONN I E W I I_I_PRECHT/C I ND I W I NI)SCH ITL./ KE I I'N AF'FINITY PLUS FEDERAl_ CR FIRST COMMLJNITY CREDIT [J ICMA RETIREMENT TRUST 45 MN CNILI) SUPPORT PAYMENT NORWIEST BANK .- F'AYROI...L A ORCHARI) TRUST COMPANY PERA PERA -- DE:FINED CONTRIBUT UNITED WAY ABLE F'ROPERTY MANAGEMENT ACCAP ANDERSON/ROLAN E APACHE VILLAGE APT-CONSO BALL. ENTINE/BRUCE: G BERG PROPERTIES BI_AHNI K/VANCE BOETTCHER/LARRY CHATRE ~/MOSTAFA CH I ES/DON CHRI STENSEN/RICHARD CREST VIEW LUTHERAN HOME DAHL..IN/OOE DAI_SETH/MAR ~ LYN EGGE/OAMES FANG/KWEI-WU FENNE/AVERY F INDEI_L/DONALD FL..ODIN/MARVIN GROMEK/THOMAS HANKTON/L. EDORA HANSEN/EDWIN & DOROTHY HANSON/DENN ~ S HINES/GORDON E I..10~ UM/VERNON S 86904 151.00 86905 6.000.00 86906 1,862~04 86907 5~948.22 86908 50.32 86909 2,550.45 8691O 814.75 869].1 228.49 86912 28.00 86915 505.92 86914 14.00 86915 291.56 86916 84,59 86917 550.00 86918 1~910.00 86919 ].0,589.27 86920 755.66 86921 148,896.95 86922 6~267.20 86925 26,055.55 86924 9O.OO 86925 47.00 86926 156.00 86927 5~2G1.00 86928 290.00 86929 568.00 86950 471.00 86931 512.00 86952 428.00 86955 1,267.00 86934 806.00 86955 508.00 86956 624.00 86937 165..00 86958 577.00 86959 1,259..00 8694O 442.00 86941 452.00 86942 602.00 86945 740.00 86944 184.00 86945 552.00 86946 659.00 86947 544.00 86948 818.00 86949 465.00 86950 267.00 BRC FINANCIAL. SYSTEM 07/07/2000 08 Check History 7/10/00 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.27 PAGE 3 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT JOHNSON/CONNIE KHAN/MUJTABA KL. EINMAN REALTY CO KOSTER/KENNETH KOWAi**ZE K/NARVEY LANG/J I M LARSON/DANIEL W LASKY/DAV I D L. EWI S/MARK MCNUTT/MARY JO MDC 2000 ME I 8SNER/R I CHARD M I LLER FERRE IRA/MI CHELLE MODELL/PAUL PEARSON/KEN PERRY/CINDY PETERS PLACE INVESTMENTS F' I NG/I_UU R I F'A I/MAHMOUND SATHRE/ALICIA M SI-lO KE I R/MOHAMED SEAL. ICKY/JAMES STAUCH/L. ELAND SWANSON/BRADLEY J TNOMPSON/JEROME K TOWNHOUSE-APT MANAGEMENT TR I S KO/FRAN K UTKE PROPERTY MANAGEMENT VAL. T I ERREZ/MAR I O VAN BLAR ICON/STANI_EY YOUNGREN/DAWN Z I C KERMANN/LOR I Z I C KERMANN/WALTER DESMOND/ALLEN STAUCH/LEI...AND WH I TE/THOMAS ALL SAINTS BRAND DISTRIB AWSUMB/DAWN BE]_L.BOY BAR SUPPLY BELl-BOY CORPORATION BRADL.EY REAL ESTATES INC BR I I_EY/SHAR I BRONI)ER/JACOB CITY WIDE I_OCKSMITHING COLUMBIA NEIGHTS I COMF'USA '- MINNETONKA E:AST SII)E BEVERAGE CO 86951 804.00 86952 528..00 86953 123.00 86954 66.00 86955 2.502.00 86956 525..00 86957 228.00 86958 408..00 86959 442.00 86960 505.00 86961 572.00 86962 54.00 86965 375.00 86964 2~147.00 86965 529.00 86966 45.00 86967 4~482.00 86968 ].46.00 86969 515.00 86970 779.00 86971 449.00 86972 252.00 86975 2~651.00 86974 8O6.OO 86975 128.00 86976 1~427.00 86977 294.00 86978 724.00 86979 425.00 86980 1~016.00 86981 165.00 86982 48.00 8698~ 500.00 86984 6~650.00 86985 1~855.29 86986 10~000.00 86987 171.75 86988 12.00 86989 215.28 86990 7~165.45 86991 10~848.82 86992 5..85 86995 6.01 86994 6.00 86995 4,~506.85 86996 195.00 86997 7~459.05 BRC FINANCIAL SYSTEM 07/07/2000 08 Check History 7/10/00 COUNCIL I_ISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.27 PAGE 4 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKII'IG ACCOI. JNT EPIC SPORTS BALLS GENUINE PARTS/NAPA AUTO GRE KOF'F/MARGARET INSIDE CORNER UMPIRES INTERNATIONAL UNION OF JOI4NSON BROS. LIQUOR CO. LOAI) ER/REBECCA MELROSE PYROTECHNICS NSF:' NORDQU I ST/MARGARET NUNEMAKER/RACHEL PAUSTIS & SONS PETERSON/GARY PETTY CASH - KAREN MOELL F'ETTY CASH - MARY DUGDAL QUALITY WINE & SPIRITS SCHMI DT/~EANI NE M TAHO SPORTSWEAR TUBBS/MARSHA VOSS LIGHTING YOUNG/KATHY ZWACK/MARY PAT A & C SMALL ENGINE ABLE HOSE ~ RUBBER INC ACE HARDWARE ACME TYPEWRITER ~DAM'S F'EST CONTROL, ALADDIN POOL. · SPA AMERICAN SEMI F'ARTS,SERV AMERIPRI DE ANDERSON'S NEW CARPET DE ANOKA COUWTY LIBRARY ARIES INDUSTRIES INC BAKER ~ TAYLOR BAKER & TAYLOR ENTERTAIN BAUER BUILT TIRE · BATTE BFI/WOOI)LAKE SANITARY SE BIFF'S~ INC. BITUMINOUS ROADWAYS~ INC BI_UEMELS TREE SERVICE BOOKMEN INC/THE BURME I STEP/DANNY CANNON CONNECTION CATCO PARTS SERVICE CITY OF ST PAUL. CITY .WIDE LOCKSMITHING CLARK FOOl)SERVICE INC 86998 497.98 86999 91.84 87000 46.00 87001 1~5&8.00 87002 300.00 87003 11,153.45 87004 17.61 87005 6~000.00 8700~ 50.28 87007 46..00 87008 12.00 87009 22.00 87010 214.00 87011 78..62 87012 162.15 87013 5~621.34 87014 3.16 87015 211.50 87016 12.59 87017 41.66 87018 4.91 87019 14.95 87020 19.90 87021 362.27 87022 125.16 87023 ].08..00 87024 66.56 87025 153..24 87026 51.94 87027 44..77 87028 150.00 87029 290.43 870~0 95.12 87051 774.60 87032 ~:.8.20 87033 380.80 87054 101,753.67 87035 1,101.89 87036 7,293.04 87037 3,704.90 87038 147.52 87059 155.07 87040 82.00 87041 496.80 87042 40.11 87043 66.04 87044 34.72 BRC FINANCIAL SYSTEM 07/07/2000 08 Check History 7/10/00 COUNCIl_ LISTING CITY OF COLUMBIA HEIGHTS GL.540R-V06.27 PAGE 5 BAN K VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT COLUMBIA HEIGHTS RENTAL COMPRESSAIR & E[-~UIPMENT CONNELi..Y INDUSTRIAL EI_EC CORPORA'rE EXPRESS CLJRI'I S 1000 CYS UNIFORMS D ROCK CENTER DAI_CO ENTERPRISES INC DANKA DAV I ES WATER E~-~U I P CO DEMARS SIGNS DEMCO DOMINO ~S PIZZA DOUGS TV ~ APPLIANCE DRAIN DOCTOR EMBROIDERY ~ MORE EULL. CONCRETE PRODUCTS FACTS ON ~ILE F'ADI)EN F:'LJMF' FLEX COMPENSATION~ INC FOCUS NEWSPAPERS FRIENDLY CHEVROLET GEO~ G ~ K SERVICES GAYLORD BROS GENUINE PARTS/NAPA AUTO GOPHER STATE ONE-CALL IN GRAFIX SHOPPE GREENER PASTURES H & L. MESABI HAMS/DESP INA HARVEST PAINT HEAl_TH EAST VEHICLE MAIN HOME[ DEPOT HOME VALU IKON OFFICE SOLUTION INDUSTRIAL DOOR CO INC INTEGRATED LOSS CONTROL IPC PRINTING 0 H L. ARSON ELECTRIC COMP J I NDRA/PATR l C I A ~OE SCHMITZ BOOKSELLER K MART KATH FUEL OIL SERVICE KI...EESPIE TANK ~ PETROLEU LAB SAFETY SUPPLY LAKE RESTORATION INC L. ASERFICHE DOCUMENT IMAG 87045 45.97 87046 69.2~ 87047 296.00 87048 19.78 87049 509.05 87050 1~1~8,,~7 87051 18~.07 87052 551.52 87055 27.00 87054 407.96 87055 405.20 87056 81.00 87057 55.00 87058 250.0& 87059 555.50 87060 590.49 87061 869.62 87062 256.78 87065 101.45 87064 120..75 87065 25.65 87066 70.78 87O67 206.76 87068 ].4.94 87069 552.41 87070 252..00 87071 49.78 87072 159.76 87075 268.58 87074 155.56 87075 1~105.50 87076 1~000.00 87077 101.10 87078 574.74 87079 108.~42 87080 141..09 mTOml 591.oo 87082 92~.14 87085 169.46 87084 55.00 87085 207.40 87086 135.19 87O87 580.2~ 87088 50.00 87089 145.22 87090 415,,00 87091 1~000.00 BRC FINANCIAL. SYSTEM 07/07/2000 08 Check History 7/10/00 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.27 PAGE 6 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT LOWRY CENTRAL BOWLERS MAC QUEEN EQUIPMENT CO. MADDEN & ASSOCIATES/FRAN MELSA MENARDS CASHWAY LUMBER-F METRO WELDING SUPPLY METROCALL - ATT MESSAGIN MIDWAY FORD MINNEAPOLIS FINANCE DEPT M I NNEAPOL MINNESOTA COACHES MN AUTO DAMAGE APPRAISER MOTION PICTURE LICENSING MTI DISTRIBUTING NEEHAN FOLJNDRY CORP NEW~IUIST ~ EKSTRUM~ CHAR NOBLE NURSERY NORTH METRO HUMANE SOCIE NORTH METRO MAYORS ASSOC NORTHWAY LANDSCAPING OFFICE DEPOT ORKIN PARK SUPPLY INC PARTS PLUS PATTON IND. PRODUCTS PC SOLUTIONS PIONEER RIM · W~EEL CO. PRINTERS SERVICE INC PROEX - WOLF CAMERA RADIO SHACK ROSEI)ALE CHEV RUETTIMANN/ROBERT SAMS SCHELEN GRAY ELECTRIC SCHOOL..HOUSE MAGAZINE SHINY METALS INC SPORTSMAN' S CONNECT ION S~UEEGEE PRO WINDOW CLEA STANDARD SPRING CO STAR TRIBUNE SUN PUBL I CAT I ON SUPERIOR FORD INC. TELEPHONE ANSWERING CENT TIRES PLUS TRUGREEN CHEMLAWN TWIN CITY GARAGE DOOR CO UNIFORMS UNLIMITEI) INC 87092 515.62 87093 34.22 87094 146.00 87095 55.00 87096 510.06 87097 70.56 87098 14..14 87099 546.25 87100 86~892.78 87101 1,288.96 87102 275.00 87105 105.00 87104 155.00 87105 40..05 87106 2,480.60 87107 ~75.00 87108 404.91 87109 700.80 87110 109.25 87111 205.51 87112 490.20 87113 48.40 87114 56.17 87115 64..92 87116 4.24 87117 524.75 87118 845.25 87119 16.00 87120 27.15 87121 149.56 87122 161.01 87123 55.00 87124 276.55 87125 84.67 87126 ~.95 87127 65..00 87128 22.95 87129 145.85 87150 950.87 87131 115,.56 87152 111.25 87135 20~995.00 87154 154.50 87155 100..00 87156 950.84 87137 176.00 87138 165.62 BRC FINANCIAl_ SYSTEM CITY OF COLUMBIA HEIGHTS 07/07/2000 08 GL540R-V06.27 F'AGE 7 Check History 7/10/00 COUNCIl.. LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CNE'~CKING ACCOUNT UNITED RENTALS VAN-O-LITE VERIZON WIRELESS WARNING LITES OF MINN. I WILLIAMS STEEL & HARDWAR WINTER-RITT/CHRIS WW GRAINGER ZIEGLER INC 87139 161.03 87140 49..86 87141 136.49 87].42 1,340.94 87143 52.87 87144 100.00 87145 258.38 87146 14.75 757,200.64 National Night Out Proclamation WHEREAS: The National Night Out Association is sponsoring a special coast-to coast community crime prevention project on the evening of August 1, 2000 called "National Night Out'; and WHEREAS: It is important that all citizens of Columbia Heights be aware of the importance of crime prevention programs and the positive impact that their participation can have on reducing crime in our neighborhoods; and WHEREAS: ''National Night Out" provides an opportunity for Columbia Heights to join together with thousands of other communities across the country in support of safer neighborhoods and to demonstrate the success of cooperative crime prevention efforts; and Neighborhood spirit and cooperation is the theme of the ''National Night Out" project and is also the key ingredient in helping the Columbia Heights Police Department fight Crime. NOW, THEREFORE, I, Gary L. Peterson, Mayor of the City of Columbia Heights, do hereby call upon all the citizens of our community to join the Columbia Heights Police Department in supporting and participating in "National Night Out" on Tuesday, August 1, 2000. FURTHER, LET IT BE RESOLVED, that I hereby proclaim Tuesday, August 1, 2000, as '`NATIONAL NIGHT OUT" in Columbia Heights. Mayor Gary L. Peterson CiTY CO~NCI~. ~ Meeting of: July 10, 2000 AGENDA SECTION: PUBLIC HEARINGS~ ORiIGINATING DEPARTMENT: CITY MANAGER' S Mo: WAGER'S APPROVe.. ,, ITEM: CONSIDERATION OF FRANCHISE B~: LINDA L. NO: , At the Council Meeting of April 24, 2000, the City COuncil authorized publication of a Notice of Intent to Franchise, soliciting applications from qualified entities interested in constructing a cable system and providing cable serVice within the territorial limits of the City. The notice set forth a deadline of May 26, 2000, for receipt of applications. Moreover, the notice indicated the City would hold a public hearing on July 10, 2000, to consider any franchise applications it received. The City received two applications. The applications received are from: Wide Open west Everest Connections Corporation Creighton, Bradley, and Guzzetta (the City's attorneys for cable-related matters) and staff are in the process of reviewing the applications ~and the legal, technical, and financial qualifications of the applicants, and will be negotiating specific franchise terms and conditions for recommendation and presentation to the Telecommunications Commission and City Council. Staff recommend continuing the public hearing to MOnday, September 25, 2000, at 7:00 p.m. RECOMMENDED MOTION: Move to continue the Public Hearing to consider the franchise of Wide Open West and Everest Connections CorporatiOn to Monday, September 25, p.m. COUNCIL ACTION applications 2000, at 7:00 CITY COUNCIL LETTER Meeting of ~luly 10, 2000 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER NO: ~- B Fire APPROVAL Revocation DATE: June 8, 2000 DATE: NO: 2000-$3 Revocation of the license to operate a rental unit within the lCity of Columbia Heights is requested against Su~an L0ewenthal regarding rental property at 140'/-1409 Circle Terrace for failure to meet the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to close the public ihearing and waive the reading of Resolution No.2000-5_~_, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2000-53. Resolution of the City Council of the City of Columbia Heights Approving Revocation PursUant to Ordinance Code Section 5A.408(1) of the Rental License held by Susan Loewenthai Regarding Rental Property at 140'/-1409 Circle Terrace NE. COUNCIL ACTION: RESOLUTION 2000-53 RESOLUTION OF THE CITY COUNCIL FOR Tile CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY SUSAN LOEWENTHAL (I/EREINAFTER "LICENSE HOLDER"). WlIEREA~, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 140'1-1409 CIRCLE TERRACE BLVD NE, 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 G~N TO THE LICENSE HOLDER ON OCTOBER 27, 1999 OF A PUBLIC HEARING TO BE HELD ON NOVEMBER 8, 1999. 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: F NDIN S OF FACT 1. That on August 24, 1998, the Columbia Heightsi City Council voted to revocate the license held by Susan Loewenthal for failure to correct HoUsing Maintenance Code violations. See Resolution 98-76. 2. That on October 9, 1998, Assistant Chief Aiexon conducted a license reinstatement inspection and noted that seven violations remained uncorrected. A letter was written and sent to the special conservator and to Mr. Claude Loewenthal (Owner's son) detailing the violations that need to be corrected and the time table for correction. Three exterior items were given extension until June 1, 1999 to be corrected. 3. That on January 27, 1999, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted that two of the violations that were not granted extensions remained uncorrected. It was decided by the inspection office that these two exterior violations would be granted extensions due to the time of the year and that they would be rechecked when the four other violations were to be reinspected on June 1, 1999. 4. That on June 2, 1999, Rich Hinrichs, inspector for the City of Columbia Heights, noted that six violations still remained uncorrected. Compliance o~ders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 5. That on July 8, 1999, Rich Hinrichs, inspector for the city of Columbia Heights, noted that the six violations still remained uncorrected. ComplianCe orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 6. That on August 10, 1999, Rich Hinrichs, inspector for the City of Columbia Heights, noted that the six violations still remained uncorrected. Compliance orders listing the violations were mailed by certified mail to the owner of the property at the address listed on the Rental Housing License Application. 7. That on September 3, 1999, Gary Gorman anc[ Rich Hinrichs, inspectors for the City of Columbia Heights, noted that the six violations remained uncorrected. Inspector Gorman took photographs of the remaining violations. 8. That on September 3, 1999, Rich Hinrichs, inspector for the City of Columbia Heights, noted that one exterior violation still remained uncorrected. COmpliance orders listing the violations were mailed by certified mail to the owner of the property at the address listed on the Rental Housing License Application. 9. That on September 28, 1999, the Columbia Heights City Council held a public hearing and a Rental Housing License revocation hearing at the regglar!y scheduled City Council meeting that evening. The action the City Council took on the revOCation of the rental housing license of the aforementioned property was to table any action until the October 25, 1999 regular City Council meeting. This action would give the Owner's son time to get some of the violations corrected. 10. That on October 25, 1999, the Columbia Heights City Council held a public hearing and a Rental Housing License revocation hearing at the regularly~scheduled City Council meeting that evening. The action the City Council took on the revocation of the rental housing license of the aforementioned property was to table any action until the November 8, 1999 regular City Council meeting. This action would give the Owner's son time to get some of the violations corrected. 11. That on November 8, 1999, the Columbia Heights City Council held a public hearing and a Rental Housing License revocation hearing at the regularly scheduled City Council meeting that evening. Five violations remained at the property and it was explained to the City Council that the property manager would not be able to complete the repair due to the weather/season. The action the City Council took on the revocation of the rental housing license of the aforementioned property was to table any action until the first City Council meeting in May of 2000. This action would give the Owner's son time to get some of the violations corrected. 12. That on June 15, 2000, Dana Alexon, Enforcement Officer for the City of Columbia Heights, noted that three violations remained uncorrected. AsSistant Chief Alexon noted that work on correcting these three violations had been started but nOt yet completed. Assistant Chief Alexon advised thc owner's son, who was present, that another reinspection would be performed on June 20, 2000 to determine compliance. 13. That on June 20, 2000, Dana Alexon, Enforcement Officer for the City of Columbia Heights noted that the three violation on the exterior remained Uncorrected. Assistant ChiefAlexon had a phone conversation with the owner's son and Mr. LoeWenthal was advised that the rental license revocation hearing would take place on July 10, 2000 at 7:00pm 14. That based upon said records oftbe Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. Failure to correct violations of the Residential Maintenance Code Violations. B. Failure to submit $100.00 in reinspection fees. 15. 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). CONCLUSIONS OF COUNCIL 1. That the building located at 140%1409 Circle] Terrace Bvld NE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. 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. 3. 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 rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belon~ng to the License Holder described herein and identified by license number F3874B is hereby revoked/suspended (cross out one); 2. 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; 3. 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 day of ,2000 Offered by: Second by: Roll call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of July 10. 2000 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER NO: ~.0 '~ Fire APPROVAL Revocation DATE: July 10, 2000 DATE: NO: 2000-84 Revocation of the license to operate a rental unit within the i City of Columbia Heights is requested against A.C. Milan. LLC regarding rental property at 500 40~ Aven#e for failure to meet the requirements of the Housing Maintenance Codes. RECOlVlM~NDED MOTION: Move to close the public hearing and waive the reading of Resolution No. 2000-~___, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2000-54. Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by A.C. Milan, LLC Regarding Rental Property at 500 40'~ Avenne. COUNCIL ACTION: RESOLUTION 2000-54 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO oRDINANCE CODE SECTION $A.408(1) OF TILAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY A.C. MILAN, LLC (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL i OWNER OF THE REAL PROPERTY LOCATED AT 500 40'~ AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND ~REAS, 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 MAY 31, 2000 OF A PUBLIC HEARING TO BE HELD ON JULY 10, 2000. 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 1. That on January 4, 2000, Dana Alexon, Enforcement Officer for the City of Columbia Heights, mailed by regular mail a licensing application and a notice to schedule an annual inspection to the owner of the property at 500 40* Avenue. 2. That on February 24, 2000, a second notice to SChedule an annual inspection was sent by regular mail to the owner's address of 500 40z Avenue. 3. That on March 20, 2000, it was noted that the oWner of the property had not yet called and scheduled an inspection for the property. A third notice waS sent by regular mail, notifying the owner to call and schedule an annual inspection. 4. That on March 31, 2000, a final notice to schedule an annual inspection was mailed by certified mail to the. owner's address. Shortly after the m~ling of the notice the owner called the Fire Department's Housing Maintenance Code office and set up an inspection for April 25, 2000 at 3:30pm. 5. That on April 25, 2000, Steve Kolosky, Impector for the city of Columbia Heights, was present to inspect the property at 500 40~ Avenue at 3:30pm and no one was there to let the inspector into the rental unit. 6. That based upon said records of the Enforcemerlt Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAII,URE TO SCHEDULE AN ANNUAL INSPECTION B. FAILURE TO SUBMIT A NO-SHOW INSPECTION FEE OF $50.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the Pro~sions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF (~UN¢IL 1. That the building located at 500 40~ Avenue is in Violation of the provisions of the Columbia Heights City Code aa set forth in the Compliance Order!attached hereto; 2. That all relevant parties and parties in interest haVe been duly served notice of this hearing, and any other hearings relevant to. the r~'goc, ation or sUspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, aa the ease may be, have expired; or such rights have been exercised and completed. ORDER OF COUnCiL 1. The rental license belonging to the License Holder described herein and identified by license number F4105 is hereby revoked/suspended (cross out One); 2. 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; 3. All tenants shall remove themselves from the promises within 60 days from the first day of posting of this Order revoking the license aa held by LiCense Holder. Passed this day of ,2000 Offered by: Second by: Roll call: Mayor Gary L. Peterson Patrieia Muscovitz, Deputy City Clerk CITY COUNCIL LI~TTER Meeting of: July 10,2000 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: 7- A-I License Department APPROVAL ITEM: Ordinance amending 0rd, #853 BY: KathrYn Pepin pertaining to beer and wine licenses NO: DATE: July 10, 2000 BY: BACKGROilNDIANALYSIS Since March of this year, The License Committee has been conductingi the process of review and rewrite of Chapter 5, Article V of the City Code pertaining to beer, wine and liquor licensing ifor the City of Colombia Heights. Staff has gathered similar ordinances from eleven other cities for comparison. Those city% are Andover, Anoka, Blaine, Brooklyn Park, Brooklyn Center, Coon Rapids, Crystal, Fridley, Golden Valley, Lino Lakes, Minneapolis. We also used Chapter 340A of State Statute to assure compliance with State law. Ordinance 1416 contains the rewritten sections pertaining to beer an(~ wine sales only as well as a new section of definitions at the beginning of Article V. We have combined the on and off sale beer and the single event club beer sections into one section repealing the current single event club beer section. The on sale wine section has been rewritten and will include the sale of strong beer (see 5.504(3), Page 22 of #1416). Please note that the current section pertaining to Sunday wine sales is being repealed as it does not conform to State Statute. Both the liner and wine sections have been significantly changed with a lot of old language eliminated that was not necessary or not in Conformance with State Statute. In response to the City Council's concern with the 300 foot distance required currently for any beer, wine or liquor establishment, the License Committee found that the 300 foot requirement was the minimom distance of the eleven cities used in our comparison. It was the consensus of the License Committee to leave the 300 foot distance as currently stated. The ratio of food/wine sales which currently requires 80% food sales has been lowered to 60% food sales. The 60% ratio was the number used by more than half of the eleven cities. The minimom seating requirement for on sale wine is currently at 75 seats. The survey of the eleven cities showed that the majority!were at 75 seats or higher (up to 150 seats). The 75 seat requirement is proposed to remain. RECOMMBlilDATION: The License Committee feels that this finished product will best serve ithe needs of the City in implementation and enforcement of licensing rules and regulations regarding the sale of beer and wine. RECOMMENDED MOTION: Move to waive the reading of Ordinance #1416 there being ample copies available to the public. RECOMMENDED MOTION: Move to establish July 24, 2000, at approximately 7:00 p.m., as the ~Cond reading of Ordinance #1416, being an ordinance amending Ordinance 853, City Code of 1977, pertaining to the amendment of certain sectiOns of the licensing requirements of tbe city. COUNCIL ACTION: ORDINANCE NO. 1~416 BEING AN ORDINANCE AMENDING ORDINANCE NO. 653, CITY CODE OF 1977, PERTAINING TO THE AMENDMENT OF CERTAIN SECTIONS OF THE LICENSING REQUIREMENTS OF THE CITY. The City of Columbia Heights deft ordain: Ckqner 5, Article 5, Ordaam~ NO. 853, City Cede ef 1677, b kirdW ~ ts add 1be fellewing: 6.6e0 BEFINmONS OF TERMS: Aiedmk Bow~aN: Any bevorage containing more than one-half of one percent alcohol by volume. Bsa':. 'Beer" or "3.2 percent malt liquor" means any malt beverqle with in alcoholic content of more than one-holf of one per cent by Mmno end not more than three and two-tsnths percent by weight. BiN Film Chdi ir Chh: An incorporated orgelti']stion qaflized under the laws of the State for civic, fraternal, social, or business purposes, for intellectual impro~t, or for the promotion of sports, a church physicafly located within the City, or a congreseionafly chartered veterans organization, which: I. Has more thin 30 mmnbors; 2. Has ownod or rentnd a bugdb~g or qiine in a iwilding for more than one yonr that is suitable and adequate for the accemmedsthm of its members; 3. Is directsd by a beord of directors, executive conwdttee, or other almilor body chin by the mend)era at a meeting held for that pmpom. No fnomher~ officer, agent, or empbyue shaft receive any profit fram the distribution or saki of beverages to the memhe~ of the club, or their guests, 1. A dining room serving the genord public at tebks and having facilitks for seating at bast 75 guests at one time; and 2. A minimum of tsn (10) guest rooms. P~e2 or profit8 of e ret~ liquor astablidmmnt, but dome not Include bee qreements, bona fide open aoeount8 or other obligations hdd witl and regular course of businese of eeirmg or b.k~ rnordmndbe, fi) interest of ten percent (10%) or ~ in any corporation holding e Ii to time ~h'ectly or indirectly from e Ikm~m, in the dmnce of eh bono fide ~ifte or donstions, ~ be deemed to hove e peconiary b httereq~t: This term a8 used in this section includes any pecuniary interest in the ownership, operation, management B fide Ieee, bona fide fixed 8urn rental or withmJt ~urity orbing out of the ordinary turn8 or mipplb~ to such establidmmnts or an mnse. A person who receMt8 mone~ from time na fide conoidaration therefore and excluding ~amst in ~uch retail license, in determining 'bona fide' the rensonabb value of the good; or thing8 received # ommMoretion for any payment by the Ibnsee oncl dl other facts re#onohiy tending to prove or dbprove the exbtence of my purposeful re:home or arrangement to evade the I)rohibitions of this section shell be cousklared. Imtexleatita! Li!ner: Ethyl alcohol, distilled, fermented, spifituou&, vinous, a~l melt beverages containing more than 3.2 percent of alcohol by weight. LklBNd ~ The premises described in the approved license application. In the case of e restaurant, club, or exclusive liquor store l'monsed for on-sales of alcoholic beverages and lecated on a golf course, "licensed premises" means the entire gert course except for ames where motor vehicles are regularly perked or operated. IlalLUlar. Any beer, m, or other beverage mode frem malt by fermentation and containing not less than one- haft of one percent alcohol by volume. ~ A person who, by e process of manufacture, fenlwnting, brewing, distilling, refining, rectifying, blending, or by the combination of different motarials, pmpame or produces intoxicating liquor for sale. Miner: A person less than eighteen (18) years of age. Off lad.: The'~mle of ~,ohdk: bovines in ariginai packages for emmm~tion elf or away from the licensed JlLedlc The sate of alcoholic bevamges by the glass or by tho drink fo~ consumption e. the licensed premises anly. iPJ: A seded ar corked containar in which the liquor b pl~ced by the monufectumr. J~ClIB: The term "person". klddus e notwal pemm ef either sew e partnmll~, a corperatien or association of plreens, end the Igont or iP, oneger er imlployee of IOy of thl Ifof/laid. 'rill aingular Incbdes thl plurel, ind the lh:llJall Tho inakie of the h~ itsdf or the ieeeedspece in~ ebldiding # submitted on the floor plan submittld in conjulK:Uon with the initial ipplkltion for licenee. 01~ emus, auch as eny patios, parking tots or other ames ahell not be included unless specificafly listed on the lieemm. Page 2 Ibwte~m: An astablisbnent, other then a hotel, of which the major business is preparing and sewing of lunches or meals at tables to 'the general public to be consumed on the premises. Sale for consumption. ]BfJlflJlllll[:. A person who mdb alcoholic beverages to persons to whom sam is pemdtted from a stock maintained in a warehouse in the state. Wine: The product made from the normal alcoholic formanta, tiun d grapes, including still wine, sparkling end carbonated wine, wine made from condensed gripe must, wine nude from ether agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than one-half of one percent nor more then 14 percent alcehoi by volunm for nonindustrial use. Wine does not include distibd spirits. 5.501(1) 5.501(2) 5.501(3) Sas~io. 5.581 of Ordlaoneo Bo. IS3, CItV Code of 1977, portoinbg to tbs IJeonsJ.g of 3.2 MaIiJJasK wldd, eUTOSt~ reads # fobWo to wic No person shaft sell, or offer for sale any non-intoxicating malt liquor without e license issued Imre,ant to the provisione of this chapter. For pwposes of this section, the definitions prescribed by 4.401(2) shall govern in the interpretation of S,ch words foumi herein. License applications under this section shall include a Ststoment providing: (a) (b) (c) (d) (f) The .ppaconrs ~ ,nd ~k~, Three character references, Tim nature of any other hmbass to bo qperatod in conjunction with the sale of beer, Wiuther tlu applicant istbe ewtur or qmretor of~d~ other bum and if so, the langth of thu in such Into Whether ~he apprEatinn is for an 'an-mb" or 'off-sob' licmm, In the cam of corporations and pm~, such infommtion relating to the identity of each dmrelmldsr and partner as tim Ceqlncil may request, and Such other information as tho Camcil my request. 'On. sale" inenam under this section shell only be granted In conjunction with the following hosbums: drug stores, restaurants, hotels, bone fide clubs, and establishments for the sale of non*intoxicsting molt hevermges, cigars, cigerott,s, fill forms of tobacco, beverages, and soft Page 3 5.501(4) 5.501(5) 'Bona fide Club" ms used herein is defined as any organization organized for social or business purposes or for inteflectual in~oVement, or for the promotion of sports, where the serving of such liquors is if/cidefltd to and not the major purpose of the club. The Clerk sim# refer the application to the Chio~ of Police for an investigation of whether tim applicant has any criminal record, end a report thereon. The apldication slmll also be referred to the Chief of the Fire Prevention Bureau ~ tho ~ Inspector for a report indJcatifq whether said premim~ ore in complbf~ with llppiicabio ~dinancea ~ regulationo. A public heoring shall then be ImM before the Council, at which time the appliCation for a license shaft be considered. (a) (b) Tim Council may accept or reject the license application in its discretion upon completion of the public hearing, mJbject to tim foflowing criteria: No license shall be issued to any miner.; (c) (d) (e) (f) (i) No ~ shah be issued to ony spprc~mt who does not have a primery possassory property interest in tim premises or location for tim sale of non-intoxicating malt liquor. No license shaft be issued to any pereoq convicted of e violation of any law directly related to the sale, poseassion, manld~ or transportation of liquor or beer, subject to the provisions of Minnesota Statutes Chapter 364. No licemm shall be issued to any coq)~ation er partnership union each shareholder and partner therein would be individually eligible and qualified for smd licenso. No license shaft he inued to any ppplicm for the &BIO of non-intoxicating molt liquor on any premises also eCCUl)iod by a previl~ Ikansee who wes convicted of a violation of months. No Ik:mmo slud be imml to any bom' mmudacturer. No license shag be issued to any applic~ for a lanation within 300 feet of any public school or church, udtu such license Mm been provioudy approved when no school or Licenses dull only be issued to qudfbd corporations or organizations, or to Unitod States citizens who are ruidems of the Stm of Minnesota. No license shall he issued to any persen who is not of good moral character. No license shall he issued to any per:.~n who is also the owner and holder of a federal Psge 5 5.501(8} retail liquor dealers special tax stamp fpr the side of intoxicating Ikluor at any place unless there has also been issued to such person a license to sell intoxicating liquor pursuant to the laws of Minnesota. Licenses granted pursuant to the provisions of this chapter shaft he subject to the following (a) (b) (c) (d) (f) (g) No gambling, nor any gambling device iWotdbimd by law shall be permitted by the licensee in tim icansed premises, except for chal~tible gambling and charitabie gambling devices only to the extent specifically authorized by resolution of the Council. All licensees under this nction sMII mintain the senitatian conditions prescribed by 5.301 that are appiicshb to the serving of beverages. Ail licensees under this section shall Ig(Wv the hminsfl prami., to be inspected by poke or health offIclab at amy time during which the premises are open to the public for No licensee or his agent nmy sell or pm~ the sale of beer licensed to be sold under this suction between 1:00 a.m. and 8.'00 a.m. on tim days of Monday through Saturday, nor between the hours of 1:00 a.m. and 12t00 noon on Sunday. No licensee or his agent or any other person shall consume or aOew te be canmmmd on the licensed premises any beer between the hours of 1:30 a.m. add 8:00 a.m. No licanm or his agent dmil permit the consumption of intoxicating iklunr un the liCet~ed pmldses, or the usa of suft drinb to be used for mixing with intoxicating beverages, unless said licensan has In intoxicating liquor licenee. No club shall sell beer to pereon8 other than members and guests in the company of mandmrs. NO peflma ~ ~ ~ ~ ~ ~ be ~ an a ~s licansed to sefl bnor "un.nh", to draw or nrve beer. No person or customer, other than tim icenme mi his amploym, my remain on any licensed premises after 1:30 a.m. No licensan or his agant drag serve hoer to o minor. No icansee shin permit an amployN tQ cantimm to work on the prendses for a period of tan days upon a fkst conviction for a vkdatian of any I)rovidons described herein, and for a period of one year upon ~ second conVicdo~ No licensee or his agent dlall make or pemdt a sale of beer to a minor. Page 6 (I) No licensee shaft permit minors to remaip on the premises unless the licensee shall derive ne more then twenty percent (20%) ofi!s gross revenues generated on the licensed premises from the saki of beer end (i) unless the licensee allows seating only at booths and tables and unless the licensee ha~ almifdmum #ating capacity for at least 100 persons, or (a) unless the premises are those of a bona fide club. 6.501(7) The Cou~'l ~ mandatorily SUSlxmd the ~ of any pereun for a period of ten days upon a finding by the Council of a violation of 5.501(6)(l/). 5.501(8) h any piece Ik~n~d for "on-sales' the non.intoxkating malt liquor sold shell be ~vod and ~n~mad et tabl~ in the din~ or refr#lTnem r~oom of the cafd, restaurant, hotel or club, and shaft not be consumed or served at bars; provided the same may bo served at counters where food is regularly served and consumed. All windows in the front ef any such place shall be of clear glass, and the view of the whole interior shall be unot~n~'-ted by ~r~ns, trimmings, curtains, booths or partitions from a point five feet above box, mall, ~creen, curtain or other device which from the general observation ef persons in sald t subdivisiens or panels net higher than forty-eight conflict with the foregoing; and provided, howew serve non-intoxicating malt liquors in a ueperate ~ which are present not less than six persons. Ihe a~kwalk li~. There shah bo no p~ition, hall ob~tnact the ~ of any part of said room ~n; provided, however, that partitions, inches from the finer shall not be construed as in ~r, such license ~hall entitle the bolder thereof to eom ef such restaurant to banquets or dinners at 5.501(9) 'Bona fide clubs" which provide seating for fifty (50) or more persens, either at tables or in spm~--"tator ars&s, are exempt from the ~ of Section 5.501(6) to the extent that minors may remain on the Womises with the pe~ bf the licensee and ~xompt from the requirement of Section 5.501(8). 5.601(10) Every applic~ end licensee shah pnwide insurence in accordance with Section 5.503(15). 5.501(1 I) Section 5.501(10) b not applied to licensees whe by affidavit &stablish that: (a) They are on-sale nen-intoxiceting malt liquor Ikensses with sales of less than $10,000.00 of nen-intexicating melt liquor for the preceding year, or (b) They .m~ eff.sek non-intoxicating malt Nquor ~ with ~k~ of kss than $20,000.00 of ne~intoxacatin0 melt .Ikluor mmk~ for the ~ y~or. SHALL NEREAFTES BE liEWlIITTEI AND AMEIIOED TO REAl) AS FOLLOW~: ~m~dom 1- 3.2 PERCENT MALT UOUOR8 BEER) 5.501(1) License Required. No person, except the hokler of intoxicating liquor Ik~ne~o whoic:,ainrs end Page 7 manufecturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwm, or keep or offer for sale, any beer within the City of Columbia Heights without first having received a license as hereinafter provided. Licenses shall be of three kinds: (1) Retail "On-SaM" 3.2 Beer; (2) Retail "Off-Sale" 3.2 Beer; and (3) Retail Tmnperary "On-SaM" 3.2 beer. 5.501(2) "On-Sale" 3.2 boor licensee moy be granted only to bon~ fide ~ bewiing nstaMidmmnts, restaurants and hotels where food is prepared a.~ se_.r~J_.d f. consumption on b premises or to the City of Columbia Heights for municipal facilities and events. On-seb 3.2 beer licenses shall permit the sale of beer for consumption on the premisns only. 5.501(3) "Off-saM" 3.2 beer licenses shall permit the sam o.f 3.2 iNter at fetal in the original packqe for censumption off the premises only. 5.501(4) "Temporary an-nb" 3.2 beer licenses may be granted tO clubs, charitabM, religious, or nonprofit organizations, or to the City of Columbia Heights for municipal facilities and events only. "Temporary on-sale 3.2 beer limmses shall be oul)ject to any special terms and conditions a~s the City Council may prescribe. No more than three four-day, foe' thrne, day, six two-day, er 12 one-day temp~..a~y licenses, in any cembination not to exceed 12 days per year to any one organization er for any one location, within a twelve-month period. No more than one temporary license to any one organization or for any elm location, Within any 30-day period.· 5.501(5) Every application for e license to sell beer shell be made lm a form supplied by. the City. Applications shall be filed with the Clerk. It shag be unlawful to make any false stahm~ent in an applicatmn. By submitting an ' City and waives any claims application, the applicant consents to any and ag investigations tim t,iTy deems appropriate Council shall deem necessary for verification and investigation°f the facts set ferth in the application. 5.501(6) Applications for beer ~ shaft state the following: (a) Whether tim applicant is a nattwal person, partnership, toleration or other form of organizetion; length of time at that address of the ~ and appJJclnCs spouse; and any other infatuation deemed nec~.ary by the City Council er ~ mflhoflty. (c) Three charecter references. (e) Tbe neture of anYotlur htlbun to be ol~eted in ~ with the slb of beer ?1. whether the alqdicant is the ewner er operster of such other buskmsl and if se, the length of time m ach business. In the case of corporations, partnsrships, and ether ergmlizstions, such infonmltion relating to the identity of each officer, director end partner ns required in 6.501 [GXb). · T I Page 8 5.501(7) In tim case of temporary beer applications, the application shall include the requirements as stated in 5.501(6) as well as the fallowing information: (a) Nanm and address of clublchwch. (b) Furl legal name of person in charge of event if net epplicut, spouse's furl legal name Jf applicable; date of birth, reddem~ street address and length of time at tlmt Kldrass of person in charge and spouse; and any other information deemed necessary by the cow~ or authority. Site plan of tim area where sales will occur indicating theI size, Iocatien and nature of the premises planned to he used along with a depiction of its relationship to the adjacent premioes. (d) Certificate of Incorporation. Statement fram property owner granting I~rmia~on to applicant for use of the premises on which the (fl Executed signature of an officer of the club/church. 6.601(8) All spplicatiene shall be referred to the Chief of Police. empewared to conduot any end all investigations to verify the inf( compmarized crindnal history impdry ebtained through the Crimina inquiry a~ recorded by the State Oepartmant of Pul)ftc Safety on t~ I)Bpartnemt, tint Building Official and the City ~ and Zoning City Colmcil, at which time the applkation for a license shall he ce person te be heard for or against the granting of the license at a I~ the license application in its diacration upon cemplation of the publ the Chief id Police or his/her designee is rnmtion on the application, including ordering a I Juatice System and/or I driver's license history le applicant. An investigation fee as set by City ion shill also be referred to the Chief of the Fire Dapartnmm for e report indicating whether said ms. A pullflc beadllg shag then he hekl hefore the ~dared. Opportunity shall be given to any d)lic hearing. The Council may accept or reject c headng. 6.501(9) Each license diall be iasued to the applicant(s) only and droll not he transferebb to another holder. Each 5.501(10) For temparary en4ale licenses, if the event b peatponld because of weather, the city marmgar ar his designee has the authority to chanp the effective dates id the license, as Mag as the total amount of hours approved by the city council does not change. 5.501(11) Ne brunn shall be granted to any person: {e) Wheis under 21 yHrs of age. (b) Who has been convicted of al faleny, or any law of this state or lanai ordinance relating to the manufactu~, trmmpm~ation or sale of 3.2 percent malt buor or of intoxicating liquors. Page 9 (c) For the sale of 3.2 percent malt liquor on any premises also occupied by a previous licensee who was convicted of a violation of this ordinance. (d) Who is a manufacturer of beer or who is interested in thelcontrol of any pace where beer is manufactured. (e) Who is net a citizen of the United States er a resident diqn, or upon whom it is impractical to conduct a background and financial investigation due to the unavaitdb~ty of information. (f) Who is not of good moral charau-tor and mi)ute. (g) Who is or during tho period of this license beconms..the holder of a federal retail liquor dealer's special tax stamp for the side of intoxicating liquor at such place. (h) Who is net the proprietor of the estshlLdmmnt for which l~he license is issued. In the case of e temporary beer license, no license shaft be issued to any applicant who is unshie to demonstrate that tho applicant has permission to use the premi proposed to be ficonam] oft the date(s) for which tim rK:onse is sought. (a) No license shall be issued to any applicant for a location within 300 feet of any school or church, unless such license has been previously approved when no schod or church wes so situsted. ' 5.501 (12) Licenses granted pursuant to the provisions of this chapter shall be subject to tho following conditions: (a) No gondding, nor any gantbling device ds)md that is prohibited by law. (b) Ali licensees under this sectiun shall allow the busimms prondses to be inspected by police or health officials at any time. (c) No eeb of 3.2 percont malt liquor (beer) ~ma,~y be made between 1:00 a.m. and 6:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 12.'~ neon on Sunday. (d) No rlcaneee who is not dso Ik:mmnd to Ildl intoxicating liquor droll ~!! or pellnit the consunlption or display intoxicating kuor. The pfeemwe of ~dng blnor~ ~m the prembfl of such o liconsee droll be prima facie evidence of poseesdon of intoxicating Ikluors for the purlxme of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shaft be pr~ facie evidence that intoxicating liquor is being pennittod to be consumed or disidayed contr~ to this Wdkmwe. Mo person under miohteen (18) yeers of mOB shall be menployod on the la~omis~o except that pm~uns under eighteen (18) years of age may he unldoyed ee madclanS, bus boys and kitchen help. No person or customer, other than the licensee end his employees, may remain un any licensed premises after 1:30 a.m. Page (g) No licensee or his qant ;hall serve beer or permit the amp of beer to any person under 21 years of age. (h) Every licensee shall he rupon~ible for the conduct of hb place of bugleS, and shall maintain conditions of sobrbty and order. The act of:any employee on the limnmd prmni.~ authorized to soft bonr them is damned the act of the Ik'ansee as well, and the licensee dmli be liable to all penalties provided by ordinarice, statute, or regulation equally with the employm. (i) No licansm shall permit la, 19 and 20 year olds to rmmb on the ~s ~ to perform work for the establishment including the sam or serving of alcoholic beyere~s, consume meals, end attend social functions that are held in a portion of the estshlidmmnt Where liquor is not sold. 5.501(13) No license shall be granted for sale on any ~ where e licensee has been convicted of any violation of this ordinance, or of the state beer or liquor law, or w.~re any license hereunder h'ac been revoked for cause until one year has elapsed after such conviction or revocation. 5.601(14) No "an-saM" lican~ ;hall be granted for a bona fide club which has not been in operation and eligible to receive a license for at least one year immediately preceding the application for a license. 5.501(15) Each application for a license must be eccomponisd bylthe applicable, license and investigation fees payment in full. As stated in Section 5.103(5Xa) "Fees shaft not iht prorated unless qmcifical~ authorized herein, or by Council resolution, and are not refundable for any reason, ~ licemm revocation, suspension, denial or termination of the licensed activity". The annual fee for an 'on-caio" and 'off-sole' license si,mil be as set by City Council resolution. No license shall be issued for a temporary beer license uniemt the q)l~cant has first paid an application fee and a license fee in an amount sot by resolution of the Ceuncil. In tim absence of a resolution, the apldication fee shall be t500 and the license fee shall he t 100 per day or portion thereof. 6.5o1(Ie) 'On. sob" and 'Off.~e' lkanses shag expire on ~ I~T doy of Decondmr in each year. ES such license ;hall be issued for e period of mm year, except that if a pm~ of the license year has dapsed when the application is made, e license may be bsued for the remainder of tim year. 'Temporary on-sale" licenses are only 5.501(17) At the time of filing an application far any on-sale er qff-sale 3.2 percent beer licarme, the applicant droll fib with the Clerk pronf of financial mq~ for liability. The issuer er surety on any rmbility insurance policy or bend shall be ddy. Emmtaed to do Imsinass in the State of Minnesota, ~ all decunmnte shall be approved as te centont, form and execution. The bmnoon and the City ~ be named as joint inma~ on the liability Pronf of. financial reaponsibflity may be provided by supplying to the Cbrk any of the fallowing items:. a. A Certificate that there is in effect for the Ikonse period an insurance policy providing at bast $50,000 of coverage because of bodily injury to any one i)erson in any one eccurrence, $100,000 because of bod'h~ injury to two or more persons in any or destruction of property of others in any one occurrence, person in any one occurrence, and t 100,000 for loss of b. A bond of a surety company with minimum coverages c. A certificate of the State Treasurer that the licensee I in cash or securities which may legally be purcha.d by sa market value of $100,000. Page 11 e occurrence, $10,000 because of injury to or 50,000 for less of means of support of any one eans of support of two or more persons in any provided in clause (a); or , deposited with that office t 100,000 vinos banks or for trust funds having a 5.501(18) Liabir~y Insurance for Temporary On-Sale License. TINise licensees must provide the sane insurance M~rance.pre~led in 5.501(17). The I~ation of the emt ~1 date of the e~t ~-~st he indicated on the ~rtifl~ate of 5.501(19) Any liability inmJrance required by this section must pro~ Any calma, except for nonpayment of premium, by either party has first given thirty days' notice in writing to the: end 5.501(20) The operation of an emsab, off.sale, or temporaty on m · with the City the liability insurance policy or other evidence of firm grounds for immediate revocation of tim license. Notice of ceneelk notice to the licensee of tim ~ mvocatien and unless ivide requirements of this section are presented to the Clerk before the revoked instantly upon the lapse in coverage. ride that it may not be canceled for: he insured or the insurer unless the canceling isuing authority of intent to cancel the' policy; Nonpayment of premiwn unless the canceling party has fit st given ten days' notice in writing to the isFjing authority of intent to cancel the policy. ~ ~e beer license without having on file at all times ~ciol ~ requhd herein shall he Itien of I current liquor liability policy sm'vas as we of ~ with the financial responsibility trmination is effective, the license wifl be 5.501(21) Etmry Bcenas shall be granted subject to the cenditiofm; applicable ordinances of tim City or State iow. 5.501(22) Al licenm~ prmisas dell have the licemm posted in a ~ 5.501(2'3) NO moufactur~ or wlmlasdmr of IN~ aimll Imvm any ma licensed to sell at retag centrory te the pro 'vmioP. S of Minnoout181 manufactwor or whoksder of bier shall be parties to any exclush Ilceive any benefits contrary te law free a manufacturer or whol wholesaler shaft confer any benefits contrary to law upon a retail 5.501(24) Any peace officer dell have tim unqualified rig:.: to en~ mmship of or ~ k m ~tddidmmm ~e Statute 340A.308. NO retail Ikensee and . ~ contract. No retail licensee shah sider ef beer and no such mamdasturer or ceneas. inspect and search the premises of a licensee during hosiness hours without a march and ssizure warrant and m liquor, seize all intoxicating Ikluors found on the licensed premises. licensee or employees are present on the prenlisas. Refusal to pen and grounds for revocation of license. 5.501(25) Any person vielating any provision of this section shag Page 12 ly, in the d)ssnce of a ~ to sell intoxicating Business hours droll be deemed any time when nit SUCh inspection is a violation of this ordinance e guilty of a misdefneonor. 5.509(1) 5.5O0(2) SanlJem 5.50l of Ordimmmee BIm. I~, City ~ On-sale licenses for the sale of non-intoxicating defined herein, for a aingle event as sat forth in License eppliconts under this section shaft iric~ a. Name and addrsss of club. b. Sketch of an area plan dspicting the he u~d along with a depiction of its rah c. Statement of applicant's plan for polichl d. Applicant's plan for preventing the sale ddas and concessions, if opplbble. e. The true neme of the person in charge. f. Place and date of birth ef the persen g. Residence street address of the person person in charge of the kunr operation aim place and date of birth and spouse. Statement shewing applicant's plan for~ Executed dgneture of an officer of the c The Ceuncil may, It its option, require a license following: (Id rD) lc) (d) (id (f) ~) Date ef Incorporation of club. .C~mcl copy of the ArtL~._; of Inwlm Certified copy of the By-laws of the "llTMftber". A a~ of ~m~wsW. List of corporate officer, and Board of C A copy of Resolution of the club appoint operation. k of 1177, ler/Jininl te ! ~inele Event Club ialt liquor may be issued to bona fide clubs, as section. a stitmnent providing tho following: location loci nsturs of the premises planned to ~tiond~) to adjacent pr..lisss. the prondsss. )f non-intoxiciting malt liquor to operators of :harp. charge of tim liquor operation and whether the married ar single. If married, tho true name street address of the person in charp's q~plicant to include a statement providino the Ition. , includblg therein a definition of the word hctors. ng e persen to he in full charge of liquor I Page 13 5.5O9{4) 5.509(5) 5.509(8) 5.509(7l ih) (~ Description of off.street parking that b available. Zoning of land on which the proposed ll~tivity will take place. Statement showing that applicant has Pelmission to use the premises on which the activity b proposed. Applicant's plan for preventing the sale ef non-intoxicating malt liquor to operators of Proof of insurance in accordance with 5.503(16). Bona fide club" as used in this section b defined as any organization which meets the criteria of .501((3l of this code, 5.502(1), or b a church physically lecated with the City. The Clerk shell refer the application to t~ Cldef F)f Police for an investigation of whether or not the applicant has any criminal record and report !hereon. The application shah also be referred to the Chief of the Fire Prevention Bunmu ~ the I~uilding Inapector for a report indicating whether tim said prondses to be licensed are in cemplim~ with applical~ ordinances and regulations. A public bearing shall then be held before the Couneil, at which time the application for a license sh~ll ~ considered, The Council may accept or reject the license apptcstion in its discretion upon completion of the public hearing, subject todm following cdteris: (e( No ~ droll be i~ued to any applicant who is un~bb to demonstrate that applicant has pemdsdon to use the premises proptosed to be licensed on the date(s) for which the (b) No ~ shall be issued to any club w~m has a member convicted of a violation of any law directly related to the sale, ~ manufacture or transportation of beer or liquor, subject to the provimns of MbNmoto Statutes Chiptor 364. (c) No ~ shah be issued unkns tim ~ shall have mede adequate Idons and provisions to hep the beer within the pmnises and to clean up the prmnisns after ~ of the event. clean-up dapodt bsa the City's cost of dean.up and Kkninbtration shea he returned to Licenses granted pursuant to dm provisions ef this Chapter shall be subject to the following conditions: Page 14 (a) No licensee or his agent may sell or permit tim sale of beer licensed to be said under this section between the hours of 1:00 a.m./ end 8:00 a.m. on days Monday through Saturday, nor between the hours of I:QO a.m. arid 12:00 noon on Sunday. No licensee or his agent or any ether person shaft c(~qno Or allow to be cun,,~xned on the licensed premises any beer between the hours of 1:30 a.m. and 8:00 a.m. Should the Council decide to additionally restrict the hews of sale in granting the license, no licermee or his agent may soft or permit the sale of beer at any time not specifically allowed in such (b) All licensees under this section shall IdlQw the business premises to be inspected by police or health officials at any ~ da~ing which the premises are open to tim public for business. (c) All licensees under this section shall maintain the sanitation conditions prescribed by 6.301 that are applicable to the sarving of beverages. . (d) No person under the age of nineteen (19) years shall he employed on a premises licensed to sell beer "on-sale", to draw or serve beer. (e) No person or customer, other than the Ikensee snd his employees, may remain on any licensed premises after ono-half hour after closing. (f) No licensee or his agent shall serve beer to a ndnor. (g) No licensee or his agent shall make or pmmit i sale of beer to o minor or to any obviously intoxicated person. (h) NO ~ or ~ agent ~ permit or Bllow on¥ pereen to Saks boor from the ll~r~sed premises without the permissbin of the CounciL (t~ No licensN or Wis agent droll serve beef bi any glass or matd container. When a boer M is Wanted Jn conjuncdon with an event at which a carnival is operatbig, no Ikonme or Wis agent shall nub any nic of beer to any person who oporotee ony rkb or conamion at such cornivel. 5.5o9(m Any perish viclatiag eny providon of this #etioe droll be guilty of s midm~enor, end upun conviction thereof, dials he pufddmd by a fine of net more than t700.O0 end kn~t for not more than ninety (90) days. HEREBY REPEALED. Page 15 SECTION 4: 5.504(1) 5.504~2) Se~len 5.504 of Ordhmnaa lile. 8~3, City C~of 1077, pertaining to the lleensing of Wine On-Sale wllich currently reads aa feheWs te wit: No person except wholesalors or manufacturers To the extant authorized under state license shall aell or offer for sale any wine without first having received an an-sale wine license issued pursuant to the provisions of this chapter, or an intoxicating liquor license issued pursuant to this (a) 'intoxicating liquor" and "liquor' manmrethyf alcohol, distilled, fermented, spiritous, vinous, and matt beverages cant .s~ng in excess of 3.2% of alcohol by weight. (b) 'Sale' and "sufl" and "sold' means all b#rtors for pecuniary gain, or all manner and means of furnishing wine in violstien or Ivssion of law. (c) 'Off-cele" means the sale of wine in original packages in retail stores for consumption off or away from the prandaes where said. (d) 'On-cele" means the sob of wine for cansumption on the premises only. (e) "Package' or "original package" means pny centainer or receptecb holding liquor, which container or receptacle is corked or sealed. (f) "Minor" is a persen less than nineteen (19) years of age. (g) 'Hotel' droll he defined as provided in Section 5.503(1Xf). (h) "lntmast" shall be defined as provided in Section 6.503(0(0. (i) The tefra, 'on-sale wine license", means e IketTae althorizing the sale of wine and non- intoxicating malt liquor for conmnption ,an the licensed premisas only in cenjanction with the sale of food. Tho tern, 'rastannt" ~ ~ k ~ ~'~ ~ ~" ~ an astddidmmm, other than a hotel, underithe centrol of a dnglc proprietor or manager, .having alqlrepriote facilities for and the pdmory pmpo~ of tim asrving of meals prepared en the Ikanasd Immlims, and where, in (mndde~tim of payment therefore, meals are regularly served at taldas to the .g~ord_ pubic, andwhich mnldoys an adequate staff to provide the usual and mdtalde ~ to its Ouasts. Such asta¥idanant altall have f~c~litbs for ssstino not kn than 75 lu~ts it ons tine. At I.ast eighty purcant (80%} of mmual ;ton receipts of the .stabHstmmnt must result from the hie of foed. Page 16 5.504(3) 5.504(4) 5.504(6) Such astablishmant shell net have I facility, the primary purpose of which is tho selling and sewing of non-intoxicating malt liqqor or wine, where persons purchase or consume or are served non-intoxicating malt liquor or wine at an ebvated counter, commonly known as a bar. (k) "Wine" means a beverage containing ne~ more than f .ovr~ee. n percent (14%) of alcohol by voluma and made by the fermentatim of grapes, grape juice, other fruits or honey. Every q)prcatbn for a licanse shall be verified m imued urdass at the time of upplkation the qp~ Council shall set by resolution, the fas ~ be t: fee upon a finding that tile upprlcatJon for I lice with none of the owners of five of mere percent that such investigation fee IMdl be required beta d filed with the City Clerk. No license may be .,ant dudl have paid an inventigafion fee as the ~0.00. The Council may waive a portion of the le is caused by e mare corporate reorganization interest holders changing. Provided, however, use of e change in the ownership or control of a licensed corporation or because a person net pre~u~y listed in the original application shall seek to acquire er shall have acquired an interest of fiye percent er mare of the ownership of the corporation. No investigation fee shall he chmlld simply because of the incorporation of an existing licenne without change ef ownmddp, central and interut in the premises or license. At any time that an additional inveetiption is required because of an alteration, enlargement, or extension of prmnbee previoudy licensed or a transfer from place to place, the licensee shall pay an additional investigation fee of t 100.00. Should the City Council find that an hveetigation is required outside the State of Minnesota, the Council may rsquhl an inveetigltien fie of up to 42000.00 er such .__lpj~e__r sum as the Council may nt by resolution. Upan compbtian of the bweetigatie~ the amaunt of amJch fee for an outside. the-state investigation not actually expended, including staff rests, shall he refunded to the applicant. in addition to the infatuation which may be requked by the State Liquor Control Commissioner's form, tim en-ub wine iicmme alpbatian shall contain the information as provided in Section 6.503(4). All en-i wine liemme alqdkatbm ahell be refmred to the Chief of Police for an investigation of whatlw d~ qprr, mt ~ ~ ~d ~ an departmant as the City Manqor shall direct for ] Buruu and the Building bmpentor faf a rupert ind at which time the application far a license shall la d a report thofmm, and to such other City erificatian and invfltigatian of tho facts set he referred to tile Chief ef tim Fire Prevention iclting whither saki prlmbas ire in compliance dic Ilearing aha, than he hold before the Council, The Council may accept or reject the licenee application in ~ dim~Rian upon completion of the public hearing, lubjeet to the fdowing r,;a~a: Page 17 (a) (b) (c) (d) (e) (f) II) 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 premises or location for the sob of wino. No license shaft be issued to any person~ convicted of e violation of any law directly related to the sale, pessasaion, fnonuf~ture or transportation of lklnor, beer or wine, subject to the provisions of Minnesota Statutes Chapter 364. No license shaft be issued to any corp~p, tion or partnership unless each shareholder and partner therein would be ~ eligible and qualified for said license. No license shall be issued to any applicant for the sale of wine on any premises also eccupiod by a previous licensee who was convicted of e violation of this chapter or where a license has been revoked by the Cooncil within the last six months. No license shaft be issued to any wine or beer manufacturer. No license shah be granted for any hate which building structure is within 200 church measured in e straight line. A the purpnses of thio md)divide. Theef change of location of e main or front de shaH not, inand of itsoff, render such W no license shah be granted for any hotel measured in a straight line, is within 30 Ocanms shaH only be lamed to qualified States citizens who are residents of the or restaurant building, the nearest point of let of the center of the main or front door of a ~urch shaft have only one main or front door for ,ction of a church within a prohibited area or a ~r, after an original application has been granted, emisas ineligible for renewal of the license; and or restaurant buffding, the near~l point of which feet of a school building. corp~ations or organizations, or to United State ef Minnesota. No ben, shall be issued to any person who is not of good morad character and repute. No license draft Im bmmd te soy porson who b also the ewnor sod halder of a federal urdess there has abe been ismmd to such person a license to sell intoxicating liquor purmmnt to the laws of Minnesota. No Ik:ansa d,dl be isoued to any appFr, ant which owns an interest in more than one eatablidmmnt or buainosu within the City of Columbia Heights for which an on-side wine No license shah be issued for premioas ether than a hotel or restaurant. Page 18 5.504(7) 5.504(8) 5.504(0) Application for the renewal of an existing on-.sa~. ~ wine license shall be made at least 60 days prior to the date of the expiration of the license. If, iq the judgment of the City Council, good and sufficient cause is shown by an applicant for his Ifailore to file for a renewal within the time provided, the City Councff may, if the other provisions of this orcrmance are cornplied with, grant the ~plication. At the earliest practicshb time after apprlcetien b made for a renewal of an on-sale license, and in any event prior to the tinm that the application i~ considam, d. by the City Council, the applicant shall file with the City Cbrk e statement prapare~ by ii certifbd public accountant that shows the total gross sales and the tetal food sales of the restaurant for the twelve-month period immediately preco~ the date for filing renewal applications. A foreign corporation shell file a current Certificate of Authority. ff the application is by a natural person, it shall I#l signed and sworn to by such persons; if by a corporation, by an officer thereof; if by a pertnemhip, by one of the partners; if by an onincorporated association, by the manager er ~ efficer thereof. If the applicant is a partnership, the appflcstion, license and bend (or insurance policy) shall be made and issued in the name of all partners. On-sele wine license fees shah be as follows:. (a) The initial license fee sh~ be paid in ~ before the application for a license is accepted. Renewal license fees shall be paid in f~by December 20 preceding each calendar year. Ail fees shall be paid into the general fued of the City. All licenses shall expire on the last day of Decondm' of each year. Upon rs~tion of any application for a license, or upon withdrawal of application before appreval of the issuance by the City Council, the license fee shall he refunded to the applicant. (b) The fee for an on-sale license granted after the cemmancemant of the license year shall be prorated'on a daily basis. (d) When the licemm is for prmd8~ wlmm The ~ is not ready for occupancy, the time fixed for onmputstion of the licenee fee for the initial license period Ilmll he 90 days after approval of the licanse by the City Council or upan the date the beilding is ready for occopancy, whichever is sooner. No transfer of. license shall be pmndttld fram ~ to place or person to person without complying w~h h requhmem of an origkml appficstion. No part of thee f~ paid for any ~ia~ ondor ~ ordinm~ shall be rsf,.,u.,nd~,d as a. result of the suspension or revocation o~ a license under this ordinance. The City Council may in its judgment refund a pro rata port~ of the fee paid for the unexpired portion of a license fee, when operation of the NcoOsed budnass ceases not less than one month befere the expiration of the license because of: Page 19 5.504(10) Destruction or damage of the licmn~d premises by fire or other catastrophe. (n'*) The licensee's iflrmas. (iii) Tim licensee's death. A change in the legal ~tatus of the mLmicipaflty making it unlawful for a licammJ business to continue. (f) Where a new application is filed .as a r#ult of incorporation by an existing licensee and the ownorddp centrol and interest in the license are unchanged, no additional license fee wifl he required. (g) The annual license fee shall be set by rem)lution of the Council. In the absence of a resolution, the ammal license fee shall he $2000.00. On-sale wine licenses wanted pursuant to the pmvioions of this chepter shah he subject to the following conditions:. (a) Every license shall be granted subject to the conditions of tim fogowing subdivisions and uil other subdivisions of ~ ordinance end of any other applicable ordinance of the City or State iow. (b) The license dfldl he posted.in a conspicuous .place in the licensed establishment at ail tknes. (c) Any pelice officer, building inapector, or any empbyee so designated by the City Manager, droll have the unquuiifiod right to enter, inspect, and search tim licensed premises w;lhout a warrant during nOfll~ budmss hews and two hours thereafter if (ol Every Ikmmm ~ Im r~pmmibio for tim ~mdoct of ~ ~ of busings and the conditions of sobriety and order in the Iduce of Imaiteml and an the pmldsee. (e) No en.sele licensee shaft sell wine eff-sele. (f) No licemm droll be effective beyend tim apace nanmd in the license for which it was granted. (g) No wine shall he sold or furuidmd or de~imd to any intoxicated person, to any habitual drunkard, to any perm)n umler 19 years Of age, or to any person to whom sale is pehlited by state law. Page 20 (h) No person under 19 years of age shah qorve wine tn any rooms constituting the place in which wine i~ sold at retail on sale. Nolpersofl under 18 years of qe shall be employed in any rooms cofmtituting the place in Which wine is sold at rttail "on-sob", except that persons umbr 18 pars of age my he immployed # msk:ian8 or to perform the dutbs of a busboy or didrw&di~ services in ~ defined as a restaurant or hotel or motel serving food in room8 in which wineloldis et retail 'on-sale'. No licensee shall soft, offer for sok, or whk:h has been mfilkKI or pordy mfilind person debte or in any manner temper ~ change b composition or alcoholk: ce~ the premiss by the licmman of ~ win or alcoholic content in the liquor when from whom it was pwchaned, droll be origimll package have been diluted, chi ;eel) for sale, wine from any original package . No licensee shall directly or through any other vith the contents of any original package so as to ant while in the original Peckaoe. Possession on e in the original package differing in composition Bceived from the mmmfacturer or wholesaler dins facie evidence that the contents of the ged or tampered with. (j) No bneee or person employed on the b:en~d premises shall apply for or posso~s a Federal Who~ale Liquor Dealer's 8paciM tax 8tamp or a federal gambling stamp. (k) No licene~ ~ keep ethyl .alcohol or Imutral ~rits on the lican~d prem~s or permit their uso on the premi~ as ,, hevorag~, or mix~ with a beverage except for beverages lican~d hereunder. (I) The busimms records of the Ikmtsoe, if~ fmbral and state tax returns, shall he avdlabb for inspection by the City Mimagor, or other duly authorized representative of the City at all rea~mabin tm. (m) No h:ansee aha~ knowingly permit the Ik:ansed premises or any mom in those promises or any adjoining building directly or indirectly under his control to be used as a resort for (It) No Ikmnsoe droll kNp, po~ or oporpte or pmndt the keeping, ~oo, or operation of any dot nmchine, dice, or amy gamlding device or apporatu~ on the licensed charitable gamblbg and charitdde ~ devices sttall be permitted only to the .xtent (o) A bmmd mtaurant shall be cotdmtd b such a nmmor that eighty percent (80%) or more of the mumm gro~s receipts for a piceflse per b attrilmtable to or derived from the serving of food. A hotel shall he cend~ed in such a manner that, of that part of the total annual gross receipts attfibutabie lo et derived from the serving of food and wine, lighty pmlant (80%) or more of the annual gross receipts for a license year is the sewing of foocL Page 21 5.504(11) 5.504(12) 5.504(13) No sale of wine for consumption on a licensed wRmises may be made (1) between 1:00 a.m. and 8:00 a.m. on the days of Tuesday through S.aturday; (2) between 12:00 midnight end 8:00 a.m. on Mondays; (3) after 1:00 a.m. on Sundays; er ~4) between 8:00 p~.. on December 24 and 8:00 a.m. on Decond)er 25. No licensee shall permit the consumption of wm upon licensed premises between the hews of 1:30 a.m. and 8:00 a.m. en days Tuesday through Saturday nor after 12:30 No sale of wine shaft be made te or in guest renms of hetels unless the rules of such hotel provide for the service of nmb in guest rooms or ufd~ the side of such wine b made in the manner on sales are requifed to be made er unless such sek~ accompanies and b incidental to the regular service of mash to guests therein or ~ the f~les of such hotel and the description, location, end manber of such guest ronms are fdly set out in tho application for a license. Restrictions on purchase and consumption are as follows:. (b) (c) (a~ ~) No licaman, his agent, er emldoyn did serve or dispense upon the licensed premises wine to any persen under the age of 161 years; nor shag such licensee, his agent, or emldoyon pmmit any penon under the qle of 19 years to be furnislmd or consume wine person under the age of 19 yews to be delivered any wine. No. person under 10 years of age shall misrepresent his age for the purpose of obtaining wine nor shall he enter any prembes licensed for the ratml an-sale of wine for the pwpuse of purchasing or having servedpr delivered to him for consuming any such wine nor shall any such person purchase, attmnpt to purchase, consume, or hove another Imsan Ix#chase far him any wine. No persen tatder 19 yews of age shall receive delivery of wine. Ne porsen shall induse i Imrsen umbr the age of 19 years to purchase er procwe or el)tm wine. valid driver licenee or a current nonquaification cm~ffk:ate issued pursuant to Mimmsata Statutes, Sectian 171.07. No imfson shall give, sail, prtmme, or plxchsee wine to or far eny pwsen to whom tho sab of wire le ferbidden by inw. No person droll 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 Mhmasota. Page 22 5.504(14) Every applicant and ficansee shaft provide insurance in accordance with Section 5.503(15). 5.504(15) The City Co .unoil may suspend or revoke any on-~ale wine license for the violation of any provision er condition of this ordifmnoe or of any state .law er. federal law regulating the sale of wine, and shall revoke such license for any willful vinlation which, under the laws of the State, is grounds for mandatory revnoation, and shaft revoke for failure to keep the insurance required by Section 214 in fall force and effect. Except in the case of a suspension pending a hea suspension by the Ceunoil droll be preceded by The notice droll give at bast ten days' notice of the nature of the charges against the license. license pending a hearing on revocation for a pea served upon the licensee personally or by having person in charge thereof. No suspension after ring on revocation, mandatory revocation or ·ten notice to tim licensee and a public hearing. Lhe time arid place of the hearing and shall state ho Council may, without any notice, suspend any od not exceeding 30 days. The notice may be the same at the licensed premises with the 4)lic hearing shag exceed 60 days. 5.504(10) Any person violadng any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shag be punished by a fine of not mare then Five Hundred Dollars ($500.00) and imprisonment for not more than 90 days. SHALL NEREAFTEll BE REWRITTEN AIIO AMENDED TO READ AS FOLLOWS: leetion4 - ihl 8ak Wine 5.504(1) No person, except whobaders or menufecturers tothe lo;tent authodznd under state license, shaft directly or indirectly deal in, sell er keep for sale any wine without first ~ ~ an on. sale wine license as provided in this section or an intoxicating hum' license. The teml "an sale Wine b:miee means a license authorizing the sale of wine and 3.2 malt Ikluor for een~ on the licensed ptembes only in cenjonctbn with the sale of food. 5.504(2) "On-Si Wine' Ikmna~ droll be granted only to restsurm kmst dxty percent (60%) of the annual gross rmmipte of the esteb the sale ef fnod. Such eetddidmmnt ~ ~ f~ for seatk licenee yeer is the eerving of fend, the dining area must #st a nWnJ have a minimum of 10 rooms. te which are conducted in such a manner that at idmient must be derived from or attributable to g not less than 75 guests at mm time. A hotel rt of the total emwal gross receipts attributable er mere of the annual gross receipts for a lure of 75 people at tables, and the hotel must 5.5O4(3) A holder of an on-sale wine license who is in compliance with ag requirements of this section may sell intoxicating malt liquor (strong beer) on.sale without an additional license. Page 23 5.504(4) Only the sim of wine not exceeding 14 per cent alcohol by volume for con~mption on the licensed premis~ in conjunction with the sale of food ~hell he permitted. 5.504(5) The numhar of wine licenses i~ued are unlimited and am not counted in the number of intoxicating liquor licenses allowed under State Statute. 5.504(6) Every application for e license to sell wine on-sale shall be made on a form supplied by the City. Applications shall be filed with tim Clerk. It shag be unlawful to Ipmke any false statement in an application. By lulmdtting an application, the applicant conoants to any and afl inWlatigationo the City deems appropriate and waives any claims the applicant may have. Copies of the applicatinn shall be mdunitted to such other City departments as the City Council shag deem necessary for verification and investigation of the facts set forth in the application. 5.504(7) No license will be Jseued unk~s at the time of applicatiofl tbe applicant has paid the license fee in full and a nommfundebis investigation fee as set by City Council resolution. In the absence of a resolution, the license fee shaft he $2°000; where nil applicants am in-state° the inve~igati~ fee will be ~500; where any applicants are out of state, the investigation fee shall he $2,000. If the investigation fee for in-state or out of state applicants exceeds the minimum fee, the additional costs of the investigation will be billed to the applicant(s). A new application shall he sutmdtted and a license fee end investigation f# paid when there is a change in ownership or control of a licensed corporation. Upon rejection of any applicati~ for a license, or upon withdrawal of an applicatiDn before approval of the issuance by the City Council, the license fee shall be refunded to the applicant. In any case, the investigation fee will be non-refundable. The license fee for an on-sale license granted after the commencement of the license year shag be pre-rated on a monthly'basis. All licenses shall expire on the last day of Oecefnlwr of each year. 5.504(8) In addition to the informatian required on the State Liquor Control Commissioner's form, the on-sale wine license application, shall contain the following information: (e) Type of lican~ applicant seeks. (b) Whether the apldicant is · natural person, corporatiun, partnership, er other from of organization. residence and length of final, at that eddrlms of the ~ and ~s apouml; and any other information deemed necessary by tim City Ceulwil er ilmuing authority. (f) The nature of any ether business to be c;,erated in conjunct~ with the on-hie ef wine and Page 24 whether the applicant is the owner or operator of such other busine~, and if so, the length of time in such business. (g) Street addremms at which applicant and current spouse have lived during the preceding tan years. (h) Kind, name and location of every business or occupation applicant ar present spouse have been engaged in during the pracnd~ ten years. (i) Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten Year~ (j) Whether applicant or spouse has ever been canv~tnd tpf any felony, crime, or violation of any ordinance other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were hod. (k) Whether applicant or spouse has ever been engaged ~ an employee or in operating a saloon, hotel, restaurant, cahi, tavern or other business of a similar nature. If so, applicant shall furnish information as to the time, place, and bngth of time. (fl Whether applicant has ever been in military service. If so, applicant shall attach DDI214 form. (m) In the case of corporations, partnerships, or other form of organization, such information relating to the identity of each officer, director and partner as required in 5.503(9)(c). (n) If the applicant is a corporation or other organization and is applying for an on sale license, the following will be required: (i) Name and, if incorporated, the stere of incorporation. true copy of CertIficate of Incorporation er ether dacumantation of legal (e) Three character references located within the State of Minnesota. 6.504(6) AlapplisationsshdhemferredtotheCtdef ofPdicL TheChief of Police or his/her designeeis referred to the Chief of the Fire Department, the Building Official a report imficating whether said prembas are in compliance with hearing shall then be heed before the City Council, at which time t Opportunity shall be given to any person to be heard for or againe motion on the apldiCation, including ordering a Justice System ond/or a driver's license history I applicont. The application shall also be and the City Planning and Zoning Department for ~licable ordinances and regulations. A public ~e application for a license shall be considered. the granting of the license at a public hearing. Pa~ 25 The Council may accept or reject the licer~e application in its discretion upon completion of the public hearing. 5.504(10) Each license shall be iscued to the applicant(s) only "shall net be transferable to another holder. Each license shall be issued only far the premises described in the I~plication. 5.504(11) No license shall be granted to any person: (a) (b) (c) (d) Who is less than 21 years of age. Who is net the p~oprletor of the establishment fOr wldch Who has been convicted of a felony or any violatio*~ of la manufacture, transportation ar sale of beer, wine, ar of if he liconoe b lesued. w of this state ar local ordinance relating to the loxicating liqUOrs. Far the amle of wine on any prmp~ also occupied by o I~vious Ii(aP. See who was convicted of a violation of this ordinance ar where a license has been reVoked byThe City Council. (e) Who is a manufacturer of wine or beer. (f) (g) (h) fi) No liceflml shall be issued to any applicant for a location ~jthin 300 feet of any school or church, unless such license has been previously approved when no schoo~ ar church was so situated. k~ndis net a citizen of the United States ar a resident e~, or upon whom it is knprsctical to conduct a and financial invastigation due to the unavaih~ility of information. Who is net of good mi character and repute. Who is ar during tim period of this license becomes the holder of e federal retail liquor dealer's special tax stamp far the sale of intoxicating liquor at such place. -- 6.604(12) At the time ~ .is made fo~ o renewal of an o~ a statement mP~Bd by I Certified Public Accountant that daws No wine license shall be ~ for premises ether than o mtel or restaurant. #la Ikeftae, the aPldicant shall fib with the Clerk the total gross sales ami the total food sales of :he date far filing renowd applications, 6.504(13) ff the ~ b mede by a tmturld persan, it alma be olgnod ned mom to by such perscn; if by a 5.504(14) On-sale wine licenses granted pursuant to tim provleil~.s of tlds section shaft be sub~mct to the following coeditians: Page 26 (a) (b) (c) (d) (e) (f) (g) (h) The license shall be posted in a conspicuous place in the licensed establishment at ali times. Ali licensees under this section shall allow the business premises to be inspected by police or health officials at any time. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sabriety and order. The act of any employee on the licen~ premises authorized to sell beer there is deemed the act of the licensee as well, and the licenne skag be liable to all penalties provided by ordinance, statute, or regulation equally with tim empleyee. No on-sale licensee shall sari wine off-sale. No license shall be effective beyond the space named Jn the fi(er, sa for which it was granted. No wine shall be sold or furnished or delivered to any abvlausly intoxicated person, or to any person to where sale is prohibited by state law. No licensee shag permit 18, 19 or 20 year eld persons to for the estabrldanent including the sale ur serving of alcok functions that are held in a pertion of the establishment w ranmin on the I)remlaes unless to perform work olic beverngas, consume meals, and attend social here liquor is not sold. No lkensee shall sell, offer for sale, or keep for sale, wine from any original packege which has been refikd or partly refifled. No licensee shall directly or throlKlh any other person delete ur in any manner tamper with the contents of any eriginal package se as t Ichenge its cempositien or alcoholic content while in the original package. Possaninn on the premises ~by the licensee of any wine in the original package IJfforing in composition or alcoholic content in tho liquor when received from the manufacturer or wholesaler from where it was purchased, shill be prima fdcle evidence that the contents of the original package have been diluted, tampered with, er changed. Ne gambling allowed, nor any gambling device prohibited ky law. 5.604(16) Ne saki of wine nmy be made betwann 1:00 a.m. and 8:00 a,m. en the days of Menday through Saturday, norbetwann l:00l.m, al~d. 12:00 noen on Sunday. 5.504(16) Attha tine of .filing an IlJplicetien for any on-sain wine licensa, the applicant shaft file with the Cbrk pfeQf of flnmdd realmag)iity for liddity. The iuuor or anrety m any liability insurance poficy or bond shag be duly licanssd to do budmu in the Stm of Minnesota, ami dl doalffmts ~ INI Ipprmmd as to centent, form and execution. TIm Ncansse and tl~ City dmil be rmmed ss joint kmndentlmlidNltyinmlranc~poHcy. The policy shaft be effective for the ~t~ license year. Proof of financial responsibility may be previded by supplying to the Clerk any of the folinwino items:. Page 27 a. A Certificate that there is in effect far the license period an insurance policy providing at lo,. 5o, ooo of cov,, b.,uso of to on, p,.on in ,.y on, o. cu,,.ce, $100,000 because of bodily injury to two or more person~ in any one occurrence, $10,000 because of injury to or destruction of property of others i0 any one occurrence, t$O, O00 for loss of rnsons of support of any one person in any one occurrence, and t 100,000 for loss of means of support of two ar mom persons in any one occurrence; or b. A bond of a surety company with minknum coverages as provided in clause Ia); ar c. A certificate of the state treasurer that the licenses he~ dspo~ed with that off~ $100,000 in cash ar securities which may legally be purchased, by savings banks or far trust fonds having a market value of $100,000. The operation of a wine licenso without having on file at all Ume~ with the City the liability insurance policy or other avidsnce of financial responsibility required herein shall be grouncis for in~nodiata revocotion of the license. Notice of cancelation of a current liquor liability policy #ry. # notice tq the ~ of the impending revocation and unless evidence of compliance with the financial respm,~ty reqqimments of this section am presented to the Clerk before the termination is effective, the license will be revoked instantly upon the lapso in coverage. 5.504(17) Any liability in~uronce required by this soction must provids that it may not be cmn~led for: (a) Any cause, except for nonpayment of premium, by zither the insured or the insurer unless the canceling party has first given thirty daye' --'"-~notice in writing to the issuing authority of intent to cancel the policy; and (b) Nonpayment of premium unle~ the canoagng party h~ first given ten day~' notice in writing to the ~ authority of intent to cancel the policy. 5.504(1l) The City Council may suspend ar revoke am/on-sale w',I license far the violation of any provision or condition of this ordinance ar of any state law ar federal law regu~df~ the sale of wine, end shag revoke ~och kanso far any wilfful vitiation which, under the laws of the State, h grouncb far mandatary revocation, and ~hall revoke far fdum to keep tim insurance rmluhd by 5.504(17 and 18] in full face ~ effect. 5.504(10) Nonmandatory revocation ar suspension by the Couno~ droll he procoded by written notice to the kansoe and I public heari~. The notice shag give at kest ten day~ notice of the time and place of the healing and shag state the nature of the charges agalnot the licensee. The ~ my, without any notice, suspend any license pondiag a I~ on revocation for a i)eriod not exceeding 30 d~ TIe notice may he sorved upon the llcenoso perm)nagy ar by baying the same at th, licansod premises with the person in charge thereof. No suspension after 5.504(20) Any person vblating any provision of ~ ordinance shall he guilty of a misdemeanor, and upon conviction thereof, shag he punished as per State Statute. Page 28 5.507(1) 5.5O7(2) 5.507(3) Seetiml 5.507 id Ordimmee Ne. 853, City C4(le .f 1077, Imrtaininl to tim lieensing of Sunday On-Snle Wine wllid emvmaly reade u fellem te Establishments to which on-sslo licens~ beve I~ ism~J or hereafter may be iseuod, pursuant to Section 5.504 nmy serve wine between the hou~ of 10:00 a.m. and 12:00 midnight on Sundays in conjunction with the serving of food, provided that such extablishmant is in conformance with the following, to wit: (a) the Minnesota Clean Indoor Ak Act; (b) dm Ibndng provisions of Section 5.6Q4; (c) the applicant is not in violation o.f. any provision of this code. No peraon, firm or corporstJon shall sell or serve, directly or indirectly, wins pursuant to Section 5.507(1) without having first abtainsd a specJalI'~ pursuant to this section. A Sundo~ wifm licemm amy he immd only for a pns (1) year period coinciding with the dates of applicant s other license, for a fee of $200.00. Iff Minnesota Statute Section 340.14, Subd. 5(b) is amended to ellow charging i fee in excess of t200.00, the Council may, by resolution, charge a fee in excess theranf. 5.507(4) Any license granted hereunder may be revoked for cause or for any violation of Section 5.504. 5.507(5) The provisioP, s of Minnsseta Statute Section 340.112 shall apply to Sunday wine licenses. 5.607(6) No license te serve wine on Sunday shall be grimted under this chapter unless the applicant makes application purmJont to Section 5.504 of this Code. 5.507(7) The provisions of Section 5.504(16) shall apply to any person, firm or corporation selling or serving beverages in violatien of this section. 8HALL NEIIF. AFTER BE REPEALED. rnt Rmfinr. Second PeeNing: Date of Passage: Offered by Seconded by:. Roll C.~ Page 29 M~/or, 6~r~ L. PeterAon Patricia'Mu~covitz, CouAeil ~N:retary COLU/4BIA H[IGH?$ PUBLIC LIBRARY June 6, 2000 The meeting was called to order by Chair, Barbara Miller at 7:00 p.m. Those present were: Miller, Nancy Hoium, Catherine Vesley, John Hunter, Richard HUbbard, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the May 2~d, 2000, meeting as mailed. The May 22, 2000, bill list was reviewed. It was moved, seconded, and passed that they be paid. The June 12, 2000, bill list was reviewed. It was moved, seconded, and passed that they also be paid. Patricia Sowada, Barbara The accounting was reviewed. It was noted that there are two new ~ine items on the accounting sheet. Electric and gas have been broken out. They were previously included under the Honeywell Contract line item. The CHASE programming budget was explained and reviewed. Old Busin0ss: 1. A Heights Pride/parade updated was presented by Shari./~n essay contest called "Memories from the pages of my mind" is being conducted for Heights Pride. Winners will be judged by Dave Holmgren, owner of the Heights Theatre. There will be two divisions, senior (1927 to 1969) and Junior (1970 to the present). These essays will become a part of the library history collection and involve memories people have of the Heights Theatre building, the library, or the community. The historical display in commemorates the Silver Lake Mothers' Club going magazines, and money in 1928 to start a library in Columl: the "Red Wagon Brigade", a walking unit, and Barb Mill. cars. Items to be distributed by the walking unit were di~ wooden nickels with the red wagon design were reviewed route. It was moved, seconded and passed to purchase 51 various line items to be determined for this purpose. le library lobby was viewed and discussed. The display at with their children's red wagons to collect books, ia Heights. The library will have two units in the parade: ;r and Marsha Tubbs in costume, riding in two vintage ~:ussed. A price list from IPC priming and a sample of These would be handed om to people along the parade ~00 wOoden nickels from IPC printing with funds from 2. The joint task force report was reviewed. Rum River Area library is having an open house 8/6/200Q. A list of activities was provided. Beginning the week of June 19 the following three branches wilI close: Rum, Round Lake and Anoka Public. The Board members will discuss going to the open house as a group at the next BOard meeting. Materials for the Castle Libra reading club, for children going into 5~' grade and above were shared with the Board. The editorials in the newspaper concerning the property at 4101 Central Ave. were reviewed. The City Council is discussing a solution to the situation. The letter to the editor that appeared in the Northeaster o~ 5/16/2000 was reviewed. The packet of information and editorials about the Intemet The Columbia Heights Public Library Interact Policy wa policy. It was moved, seconded, and passed to amend the to read: Columbia Heights Public Library cannot monitor library network. Some sites may be inaccurate or contail problems at Minneapolis Public Library were reviewed. ; reviewed. There was discussion on the wording in the Internet Policy to change the wording in the disclaimer or control what can be viewed via the Internet using the sexually explicit or violent materials. 8. , The problems concerning the roof and air conditioning t~nits have been fixed by Honeywell and the Columbia .Heights Maintenance person. So far there have been n9 farther leaks. 10. 11. Them are 3 vacancies for page positions. One person, Dan 26. There were no applicants to interview from the last ad' An update was presented by Barb Miller about the status between Becky, Barb and the attorney an outline for doinl to establish a Columbia Heights Public Library foundatio] incorporate what was discussed at the meeting and have review at their next meeting. Councilmember Julienne Wyckoffpresented information t Preservation Commission. The purpose of this commiss education of the citizens. The City Council would ha, commission. They have asked for additional information review these materials over the next month. New Busi~ss: 1. Crossover statistics were reviewed. ialle Jensen, has been hired and will begin training June tertisement. Applications will be opened again in July. ?establishing a foundation for the library. At a meeting ;this was drat~ed. It was moved seconded and passed a. The outline was reviewed and discussed. Barb will updated and more detailed document for the Board to ~ the City Council about the establishment of a Heritage ion would be for the preservation of information and ,e to pass an ordinance in order to establish such a which the library has duplicated for them. They will The regular July Board Meeting falls on the July 4a holiday, so an alternative date was discussed. The Board voted to hold their meeting on Wednesday, July 5. The Mn. Legislature has voted to end levy limits on citi~ The Anoka County Activity Brochure was reviewed by th the Columbia Heights Public Library are included in this There are eight volunteers in the Children's Department t The color printer in the Children's Department had to be The annual book sale was held on June 1. The Library rep netted $991.60. In addition $165.00 was collected from .~ New video shelving has been ordered for the library. The and Contract Source will be responsible for the installatic and counties. ,' Board. For the first time ever, activities being held at brochure. his summer. They will begin working on June 12. :eplaced. orted a profit of $250.90 and the Friends of the Library elling tickets for the pre-sale. shelves are being purchased directly from Burroughs, n. 10. I1. Two Intemet graphics browsers are being requested at th~ next City Council Meeting. There will be a sign up sheet, and time limits for use. Disclaimer and purpose ~igns will be posted to include the following: "Internet access is provided for the purpose of research and information retrieval. The Columbia Heights Public Library cannot monitor or control what can be viewed via the Internet. Some sites may be inaccurate or contain sexually explicit or violent materials. Parents or guardians are responsible for their own and their minor children's use. Sending, receiving' printing, or displaying text or graphiCs that are in violation of Minnesota Statute 617.241, obscene materials and performances are prohibited. Col,!bis Heights Public Library has no liability for any direct, indirect, or consequential damages related to the use of the information accessible via the Internet." There was discussion of charges for printing information from In a 10 cent charge per sheet for copies made from the Inter The budget for the year 2001 is being prepared. A draft ~ The one page Annual Report produced in house was revi~ 2 ternet. It was moved, seconded, and passed to establish act browsers. rill be available at the next regular Board Meeting. :wed. 13. 14. There being no further business the meeting was adjourned at 9:3t Respectfully submitted, Jeanine M. Schmidt Secretary to the Library Board of Trustees. The City Web page is available at www.ci.columbia-hejg ~ts.mn.us Jean Kuehn has requested how the Board would like to be listed on the library page. The Board will be listed by name with the Library address and phone number as the contact information. It was moved, seconded and passed to transfer $40.00 from ine item 2025 Automated Circulation System Supplies to line item 2011 Computer Equipment. It was moved, sec onded and passed to transfer $5,000.00 from line item 5170 Office Equipment to line item 2011 Computer Equit mem. It was moved, seconded and passed to transfer $1,500.00 from line item 5170 Office Equipment to line il em 2011 Computer Equipment. The final design for the monument that will be displaye¢ in the Columbia Heights Gateway Park on 37t~ and Central was reviewed, i p.m. The City of Columbia Heights does not discriminate on the basis of disability i~ the admission or access to, or treatment or employment in, its services, programs, or activities. Upon reques~, accommodation will be provided to allow individuals with disabilities to participate in aH City of Columbia Heights' services, programs, and activities.