The URL can be used to link to this page

Home My WebLink About08/23/2010it The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, August 23, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION City Manager Walt Felist gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolutions 2010-74, 75, 76, 77, and 78 in that the properties have been brought into compliance. Nawrocki requested discussion of the budget, comments on the SACA Community Garden, Keyes Park issues. , payment to the city for meal expense, and problems with Channel 16. We can get a message on it, but could not get the agenda on it. Diehrn called for Point of Order, indicating if this is to be placed on the agenda, that it be discussed then. lr A '%Ar A rV"Fr%&jQ ""'V7 'r XPRO C LANIA. 110 N a. F RE S E IN I A TJL IONS. 0. G'lNT.TT.rON, ANINOU T N U CE - 1 m viffi XNTTS, GUESS I S A. Introductions - Fire Department Newly Appointed Lieutenants/Paid on Call Fire Fighters Fire Chief Gary Gorman indicated that two Lieutenants were promoted from within. Appointed from Paid-on- call Firefighters to Lieutenants are five year veteran, Tom Flermoen and four year veteran Don Kostorhyz. The new Lieutenants were presented with their new helmets- Gorman indicated there are three new Paid-on-call Firefighters. He introduced Shannon Abbott, Jesse Dittbenner, and Cory Mattson. The families were asked to rise and were recognized for their support. Gorman described the commitment required to complete the necessary classes for these positions. Diehm formally welcomed all of the new rnen and women serving on our fire and police departments. B. Proclamation Proclamation - Domestic Violence Awareness Month Mayor Peterson read the Domestic Violence Awareness Month Proclamation for October 2010. Captain Austin indicated that in association with Bajwaander House starting September I we will implement, along with the Anoka County Sherriff s Department and Attorney's office, the Lethality Assessment Program to identify high risk victims. CONSENT AGENDA Nawrocki requested to remove items B, C, D, and G for discussion. City Council Minutes Monday, August 23, 2010 Page 2 of 24 City Manager Walt Fehst took Councilmembers through the Consent Agenda items. A. Approve Minutes of the City Council meetings Motion to approve the minutes of the August 9, 2010 City Council meeting. Motion to approve the minutes of the August 12, 2010 Primary Election Canvas meeting. B. Establish date for 2010 Public Special Assessment Levy Hearing for: Zone 4 Seal Coat Program, Zone 5 Street Rehabilitation, and Delinquent Accounts - removed C. Adopt Resolution No. 2010-63, Being a Resolution Accepting Capital Grant and Cable Studio Equipment From Comcast of Minnesota, Inc. ("Comeast") and Authorizing Appropriation of Such Grant Monies and the Transfer of Cable Studio Equipment - removed D. Adopt Resolution 2010-80. Supporting Central Avenue Merchants Meeting with Xcel Energy - removed E. Approve Attached List of Rental Housing Applications Motion to approve the items listed for rental housing license applications for August 23, 2010 in that they have met the requirements of the Property Maintenance Code. F. Approve Business License Applications Motion to approve the items on the business license agenda for August 23, 2010 as presented. G. Approve Payment of the Bills - removed Motion by Nawrocki, second by Diehm, to approve the Consent Agenda with the exception of items B, C, D, and G. Upon vote: All ayes. Motion carried. B. Establish date for 2010 Public Special Assessment Levy Hearing for: Zone 4 Seal Coat Program, Zone 5 Street Rehabilitation, and Delinquent Accounts Nawrocki indicated it would be best to hold these public hearings at a regular City Council meeting. Motion by Nawrocki to establish Monday, October 11 at 7:00 p.m. for the public hearings for the Special Assessment Levy - Zone 4 Seal Coat project, Zone 5 Street Rehab project, and delinquent accounts. Fehst stated this has been discussed before and was decided to bold these hearings on a separate date. Peterson called for a second to the motion. No second was received. Motion failed for lack of a second. Motion by Kelzenberg, second by Williams, to establish Monday, October 4, 2010 at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project #1001 Zone 4 Seal Coat Project, to be held in the City Council Chamber. Nawrocki stated that these meetings will not be televised and will not receive the same attention as a regular meeting. Diehm, supported this motion, stating that people with concerns will appear at the meeting. City Council Minutes Monday, August 23, 2010 Page 3 of 24 Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to establish Monday, October 4, 2010 at 6:15 p.m. as the Public Special Assessment Levy Hearing for City Project #1002 Zone 5 Street Rehabilitation, to be held in the City Council Chamber. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to establish Monday, October 4, 2010 at 6:30 p.m. as the Public Special Assessment Levy Hearing for Delinquent Accounts, to be held in the City Council Chamber. Upon vote: All ayes. Motion carried. C. Adopt Resolution No. 2010-63, Being a Resolution Accepting Capital Grant and Cable Studio Equipment From Comcast of Minnesota, Inc. ("Comcast") and Authorizing Appropriation of Such Grant Monies and the Transfer of Cable Studio Equipment Linda Magee, Assistant to the City Manager/Human Resources Director, stated that the Finance Director indicated the Council should accept the capital grant from Comcast for $194,842 and to appropriate it to fund 440 for the purchase of video equipment and installing an institutional network. Additionally., as part of the franchise renewal, the City will be receiving $65,000 worth of equipment currently housed at the Community Access Studio. Action needs to be taken to accept the equipment and authorize the transfer of ownership of that equipment to School District 13. Nawrocki stated that this is not a grant from Comcast. A charge will go on the cable subscriber's bill with four percent interest over a five year period. Magee stated that they have the right to recoup that amount. The current PEG fee is around $2.57 a month and it was at one time over $3.00 a month. With the closing of the public access studio in September and the elimination of the overhead cost of that facility, the PEG charge will drop to around $,85 a month, even with recouping the grant at 4.56 percent interest. Diehm stated this is part of the negotiated agreement that Council member Nawrocki and Ms. Magee negotiated in the new franchise agreement. Nawrocki stated that the public will continue to pay the five percent city franchise fee. Felist stated that is equal to the fee charged by every other city. Motion by Dielim, second by Kelzenberg, to waive the reading of the resolution, there being ample t, copies available to the public, Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2010-63, being a Resolution Accepting Capital Grant and Cable Studio Equipment From Comcast of Minnesota, Inc. ("Comcast") and Authorizing Appropriation of Such Grant Monies and the Transfer of Cable Studio Equipment. Upon vote: All ayes. Motion carried. Magee indicated that the message on channels 16 and 19 are being entered by Comcast in Roseville. Broadcast times of the Council meetings have just been determined and we are working with the public access channel to rebroadcast at the same times as the meetings were replayed on the government access channel and will be noted on the channel. A video tape of the meeting will be available at the Library on Tuesday following the meeting. Magee indicated she is trying to contact the Inforination and Technology person at the School District to arrange for rebroadcast of the Council meetings on the educational access Channel 18 after the public access studio closes on September 15. We are updating the technology assessment that was done over two years ago in conjunction with renewal negotiations and as a result bid specs will be written and bids sought. With an expedited time line we hope to have the recommended award of bids to the City Council sometime in October, the equipment purchased and installed in December, employees trained and up City Council Minutes Monday, August 23, 2010 Page 4 of 24 and running in January. In the meantime, we are taping meetings and they will be rebroadcast on an access channel. Nawrocki stated that something extra should be done to get information on the budget to the public since people won't have these meetings being cable cast. Magee reiterated that we are taping the council meetings and replaying them on an access channel. D. Adopt Resolution 2010 -80, Supporting Central Avenue Merchants Meeting with Xcel Energy Nawrocki asked what problems people have had. Diehm asked if these are the prior problems we heard of. Scott Clark stated that NE Bank has reported an excessive amount of outages over the past year. There are 22 individuals that have signed a petition asking for this meeting and we are assisting to expedite this meeting. Nawrocki stated we should have more information on the outages. Clark stated that specifics will be brought out at the meeting. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2010 -80, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2010 -80, Resolution Supporting Central Avenue Merchants Meeting with Xcel Energy. Upon vote: All ayes. Motion carried. G. Approve Payment of the Bills Nawrocki questioned check 9135397 for $34,000 to Tierney Brothers that is being charged against the public safety building. 1~ elist stated these were monies encumbered in the original proposal. Nawrocki asked if this is lust spending the funds that were saved in other areas. Motion by Nawrocki, second by Diehm, to approve payment of the bills out of the proper lands, as listed in the attached check register covering Check Number 135855 through 136041 in the amount of $1,408,968.77. Upon vote: All ayes. Motion carried. 1' ]HEAR A. Adopt s • Motion by Kelzenberg, second by Diehm, to table the rental license revocation of 1162 -64 Cheery Lane to September 13, 2010. B. Adopt Resolutions 2010 -69, 4812 Stinson Blvd. N.E., 2010 -70, 1428 42nd Avenue N.E., 2010- 71. 1131 40th Avenue N.E.. and 2010 - 72.4621 6th Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights_ Gorman stated that 4812 Stinson has three items to repair. Item A is complete. 1428 2 nd Avenue has a large tree to remove. 1131 40 Avenue has a large tree to remove. 4621 6 th Street has a dead tree to remove. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2010 -69, 70, 71, and 72 there being ample copies available to the public. City Council Minutes Monday, August 23, 2010 Page 5 of 24 Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution Numbers 2010-69, 70, 71, and 72 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. C. Second Reading of Ordinance No. 1584, Amending Chapter 2, Section I OA pertaining to Form of Government; Ordinance No. 1585, Amending Chapter 7, Section 72 Pertaining to bonded Debt and Debt Limit; and Ordinance No. 1586, Amending Chapter 9, Sections 87 through 92 Pertaining to Eminent Domain in the City Charter Motion by Diehm, second by Kelzenberg, to waive the reading of the ordinances, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Ordinance No. 15 84, being an ordinance amending Chapter 2, Section 10a, of the Charter of the City of Columbia Heights pertaining to Form of Government. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance No. 15 85, being an ordinance amending Chapter 7, Section 72, of the Charter of the City of Columbia Heights pertaining to Bonded Debt and Debt Limit. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance No. 15 86, being an ordinance amending Chapter 9, Sections 87 through 92 of the Charter of the City of Columbia Heights pertaining to Eminent Domain. Upon vote: All ayes. Motion carried. D. Suspension of Tobacco License for Pyromaniacs--4400 Central Ave NE Scott Clark, Community Development Director, introduced Captain Lenny Austin, Detective Erik Johnston, and the Jim Hoeft, City Attorney present to support the tobacco license suspension of Omar Wazwaz for 4400 Central (Pyromanics) until December 31, 2010. There is a minimum of a seven day suspension for a minimum of three violations, but due to the grievous nature and repeat violations we are recommending a penalty that goes to the end of their licensing period. Under license provisions of the City it is stated very clearly that the license is a privilege and not an absolute right. Along with that goes the responsibility to know city, state, and other governmental laws. Clark referred to the letter where the violations have been listed. He stated that before this business opened there was a large sign in the window specific to drug paraphernalia. Based on the direction of the Mayor, they were sent an informal letter welcoming them and stating that we have a zero tolerance as far as the issues brought forward tonight. Clark referred to the June 15, 2010 letter regarding the seizure of approximately 4,000 drug paraphernalia items. June 15 there was also the seizure of metal knuckles under the State provisions of possession of a dangerous weapon. On July 15, during a tobacco check there was a sale of cigarettes to a minor and an administrative citation was issued. They were challenging both of these. On August 5, 2010 the Community Development Department received a complaint that was forwarded on to the State Department and a check of the business revealed that they were again selling the metal knuckles. A fourth citation was then issued for possession of a dangerous weapon. There were numerous meetings held with the City Attorney, Chief of Police, and Community Development staff and because of the nature and extent, we recommend suspension of the license to December 31, 2010. Nawrocki asked if the revocation stands, would that close down the entire business and what is considered tobacco products. Clark stated this would only be for the sale of tobacco products. City Council Minutes Monday, August 23, 2010 Page 6 of 24 Hoeft indicated that tobacco or tobacco products are defined by State Statutes and we follow that definition. Peterson stated that any tobacco or tobacco related products would not be allowed, but items such as pop would be allowed. Hoeft stated that this is primarily a tobacco store and has tobacco and tobacco related products. Nawrocki asked what other items they have to sell. Hoeft indicated that he is not aware of their inventory, but they need to comply with the definition of tobacco and tobacco related products. If they do not have a license they can not sell any of those items. Motion by Williams, second by Kelzenberg, to suspend the tobacco license issued to Omar Wazwaz for property located at 4400 Central Ave (Pyromaniacs) until December 31, 2010 based on citations issued on June 15th, July 15th, and August 5th, 2010. Alex Bajwa, 282 Clarence, St. Paul, 55106, stated he is the attorney for the owner, Omar Wazwaz. The owner sent his apologies, as he is breaking the fast for Ramadon and could not be present. Bajwa stated that this would effectively shut down the business. Primarily the business is selling tobacco and tobacco related products and constitutes about 80 to 90 percent of their business. They employ two full -time Columbia Heights residents that would no longer be working at the shop if it was shut down. Bajwa indicated objections to going to a suspension right now. Three of the violations are still in the court system; and we disagree with the police definition of what drug paraphernalia and dangerous weapons are. What was taken out of the store as alleged drug paraphernalia were all items that are for tobacco use and the store makes it known that they are for tobacco use. The alleged dangerous weapon is a belt buckle; the same as sold at Spencer's and Hot Topic. No conviction has been brought for any of the violations. There is a court date in October and a judge will determine if a violation occurred. Except for the one incident, we are no longer selling any of the items that were confiscated by the police. The only time that there was a mistake was when Mr. Wazwaz was in Jerusalem and his employee accidently sent the inventory from the Maplewood store to the Columbia Heights store. He has subsequently made sure that nothing like that, legalistically, can happen again. If you come to the store tonight you will find nothing that was confiscated from the store and we are keeping it that way until we get a decision from the judge whether those items constitute paraphernalia and a violation of the law. Bajwa stated that the city ordinance requires three violations before suspension is put into place. He referred to the next item, another store (Hot Market) which is being considered for a month long violation for selling to minors on multiple occasions. It is like you are choosing to put one business completely out of business and create another vacant property on Central Avenue when we are trying to fix the problem, and taking temporary steps to keep that problem resolved until we get a final order from the judge, but another business is essentially getting away with a slap on the wrist. He offered to answer questions about what is currently happening at the business. Diehm asked, regarding the court date in October, if that is an appealable a decision. BaJaw stated he handles criminal and that will be handled by his defense attorney. Hoeft stated that the October date is just an opinion date and there will not be any determination at that point. The next court appearance will be a pre -trial and if the matter is not resolved it will be set for trial. Because it is a misdemeanor, the only evidentiary hearing will be held at a jury trial or the court trial. That determination can be appealed. Diehm stated that arguably, if we wait for the court decision, it could be more than a year. Hoeft stated that may be a little long; but right now the court system with reduced funding and more cases; to give you an idea we were scheduling matters for the next court calendar and the earliest we could get was 45 to 60 days out. The pre- trial would probably be four to five months. An appeal would be a year or more. City Council Minutes Monday, August 23, 2020 Page 7 of 24 Naw requested clarification. Diehm referred to BaJwa's comment that we should not suspend the license because they are challenging two of our violation. Diehm stated that it would be ridiculous for us to wait for them to be resolved, because the term of the license would be through. Hoeft stated for clarification, the business owner's attorney stating that matters are still in the court system and licensing issues is not criminal; it will be done by a different standard. It is the Council's determination, based on the privilege of holding this license, tobacco and alcohol — two of the most regulated activities in the country, and as such the Council has the ability to determine whether the violations in front of it, as a civil matter, are a violation of the license that is issued civilly. It does not have to be a criminal determination. An example of that would be Mr. Simpson who was not found guilty criminally, was found civilly responsible. Here under the civil action, the Council can not act arbitrarily or capriciously and in doing that you need to look at the information presented to you, and he asked that the decision be made on the preponderance of the evidence. Captain Austin and Investigator Johnston showed examples of the confiscated drug paraphernalia and photos of the store. Obviously, 4,000 items of drug paraphernalia could not be shown. Johnston was the lead investigator in all three instances. Johnston referred to the owner's attorney statement that they are tobacco items and are not paraphernalia. The weapons, or paper weights/belt buckles as they refer to them, are displayed in cabinets that have nothing other than weapons like knives, mace, and spray. In June they described the brass knuckles as a belt buckle and in the second violation it was said to be a paper weight. Johnston indicated that the argument the owner is making is that these items are for tobacco use only and what the customers do with them after they leave the store is their business. He also showed pictures where next to the pipes there are items with pictures of marijuana that are displayed throughout their cabinet. They decorate quite prevalently with marijuana symbols, which is an illegal drug. He showed an item they say is for tobacco use only and looks to be a permanent marker and when pulled apart is a concealed pipe within the marker. He passed around a bag with samples from the 4,000 items confiscated from the store. Johnston stated that in his eight years as a law enforcement officer he has never once experienced these items being used for tobacco, but has experienced many times these items being used for illegal drugs including marijuana, methamphetamines, crack, and other such drugs. Council members examined all of the confiscated items and pictures from the store shelves. Johnston stated that on August 14 more pairs of brass knuckles were removed after they had already been removed in June. Fehst asked how many pipes were confiscated. Johnston stated about 4,000 items ranging from three foot water bongs to small glass pipes. Peterson stated it was his understanding that they had the opportunity to clear these supposedly illegal paraphernalia from their store so that it would not be confiscated and they did not do that and did not care about a warning. Johnston stated that they had two full days after contact was made by Chief Nadeau and discussion of our concerns and what the law stated. We went back two days later and nothing had changed. At that point over one-half of the store was dedicated to these glass pipes and items shown. You could see a very logical line where half of the store was traditional tobacco products, cigars, and tobacco pipes that you norinally see and the other half was glass pipes, metal pipes, water bongs, and things like that. Peterson referred to the signs in the window for months prior to the store opening indicating glass pipes. We were concerned about this and requested they remove the sign. When they opened they had glass pipes, brass knuckles, things to throw with points, and knives. It is not a store he would take his grandchildren to. He was sickened by this and it gives our society the wrong impression. Diehm stated that we have ordinances and state statutes and our own code where we handle those City Council Minutes Monday, August 23, 2010 Page 8 of 24 restrictions. We have been more than fair in our efforts to make the owner aware of the restrictions and she stated her comfort with the investigation by our police department and staff. Diehm stated her support for this action. Williams described the brass knuckles and stated that they are made for fighting and are not a belt buckle. Williams stated his support of the motion. Peterson stated that we are trying to make this community a better place to live. We have a very diverse community, which we welcome. But this type of operation has no place in Columbia Heights. Deb Johnson, 4626 Pierce Street, questioned that these items were brought from the Maplewood store. Bajwa stated that the owner has seven other stores around the state and sells the same products he had here. He has had a working relationship with every other city and there have been no criminal violations or problems on state statutes in the other stores. The items were accidently sent over when Mr. Wazwaz was in Jerusalem. The Maplewood store has been open for seven years. Johnson stated that someone should tell them about it. Bajwa stated that when Mr. Wazwaz received the letter from the police, he did make several efforts to try and discuss with the police department what were acceptable products in Columbia Heights and what were not. Bajwa stated he made many attempts over the course of a few days to make contact with the police and it was voice mail after voice mail. He did speak with Captain Austin once and scheduled to speak the afternoon after the raid at the store. We made previous attempts and he wanted to point out that since that has happened none of those pipes have been sold at the store. The store is only selling items that were deemed by the police on that day to be saleable in Columbia Heights. Diehm questioned his comment that none of the items were sold after the raid, yet in August some inventory was accidently shipped to the store. Diehm stated that so it was fair to say that after the raid you continued to sell, at least on a limited basis, those items which the police told you not to. Bajwa stated that would be true and would just be the knuckles, no pipes. They were immediately removed again, and right now there is nothing similar to what was taken by the police. Bajwa stated that the length of the suspension is why he says it is punitive. This is the City Council deciding to put a business out of business with a license they had approved not three months ago, where we discussed with the city staff what was going to be sold there and the license was approved and within two days that raid happened. We did attempt to change our behavior. This is putting a vacant store back on Central Avenue that has made a proactive effort to change their behavior while in the court system. We are happy to work with the City Council to modify behavior more after the complete suspension of being able to operate with the selling of tobacco. Bob Odden, 1021 2'/2 Avenue NE, stated he could go to Minneapolis and buy the same items. If it is a violation, then why is it being sold in Minneapolis? Clark stated that every community makes a decision as to what they want to do for prosecution. He has a counterpart in another city that has this type of business, but that particular city decides not to spend their time and resources on that particular issue. Our council has chosen a policy on this. As for his department, the police department, and the City Attorney, they view this type of business as a violation and against our community values. Odden suggested studying Minneapolis to see if it increases drug use. By not having them sell tobacco and tobacco products they can still sell weapons. He stated he has more concern about the sale of weapons. Peterson stated illegal weapons are listed. Hoeft stated that under illegal weapons they can sell certain types of knives, but brass knuckles are specifically listed in the State Statutes as an illegal weapon. Diehm stated that they are prohibited from selling those no matter how we act. Peterson stated that we are trying to clean up our city and looking at the pictures shown, we do not want those things sold in our city. City Council Minutes Monday, August 23, 2010 Page 9 of 24 Donna Schmitt, 4260 Tyler Street, asked how the business was notified of this meeting. Clark stated they were sent a certified letter and regular mail. Schmitt questioned if the license is revoked tonight, is the owner allowed an appeal process before the end of the year. Hoeft stated that under the process in our ordinance, if the council determined revocation is the appropriate action, the business owner would have to appeal to the District Court. They would have to file and make that motion proactively on their own and this is their ability to appeal. Schmitt stated this business came to the Planning and Zoning Commission (P &Z) and was approved, to the City Council and was approved. Diehm stated that was incorrect. Clark stated this did not come to the P &Z as it was a permitted use. Diehm stated that they met the requirements of our ordinance. Clark stated the process is that the owner approached city for a tobacco license. We do a criminal background check to see if there are any violations that would prevent them from getting a license. Schmitt remembered the license approval and asked if some of these products are available in other stores in our area or is this exclusive to this store in our city. Hoeft stated there were other stores previously that came to the attention of the city, i.e. glass pipes and paraphernalia. The police department worked with the store owners and they were voluntarily removed. We do re- checks and have had good cooperation. Schmitt asked if those stores were given a citation. Hoeft stated they were not given citations as they worked with the city. Austin indicated an incident at 4001 University was cited for selling drug paraphernalia. Hoeft stated there was resolution to no longer sell those items as a condition of the suspension or referral of the criminal prosecution. Peterson stated that others had them and were asked to remove them and did so. He stated that others have indicated that if other stores are allowed to sell them, they will put them back in. This would open the flood gates again. We are trying very hard to clean up our community. Schmitt agreed and stated that we need to be consistent. Hoeft stated that we have only issued citations when they do not work with the city on these matters. Schmitt asked when the warning was given and when the citation was given. Austin stated the correspondence began around April and both the police and community development department sent letters with our concerns. On June 13 Chief Nadeau went into the store and gave them 48 hours to remove all items off of the walls. They did not comply. Investigator Johnston, after the 48 hours lapsed, executed a search warrant, confiscated the property and cited the employees working at that time. Adequate warning was given. Bajwa stated that during the two day period, multiple, multiple times they tried to contact the police department to work with them, and he stated again that those items have been removed from the store. This would shut down a store that has already taken those items out and we would love to work with the City Council on a solution that does not completely shut down the store overnight. Diehm asked if when they were given the warning if they removed the items from the store. Bajwa stated they were not removed at the time because we thought it was vague as to what items needed to be removed or did not need to be removed. That is why we attempted to contact the police department to receive a clarification on what items to remove. He stated that he was finally told by the police that everything in the store needed to be taken off the walls. Diehm asked if he went to the police station. He stated he did and was told that Captain Austin was in charge of the investigation and that he would have to work with him and the best way to get in contact with him was to leave a voice mail. At which point, Bajwa stated that he did get a call back from him, setting up a discussion on the afternoon after the raid happened. We were making attempts at that time, and Bajwa stated that his client was not happy with thousands of dollars worth of merchandise being forcibly removed from his store, but since then none of those pipes have been sold in the store, aside from the instance where the owner was out of town brass knuckles have not been sold in the store either. So essentially what this suspension does is attempting to fix behavior that has already been fixed, but we are willing to work with the City Council and any other department of the city to come to an agreeable solution and find out how we can work as a partnership for Columbia Heights. Hoeft clarified the statement that items were City Council Minutes Monday, August 23, 2010 Page 10 of 24 forcibly removed from the store; they were removed from the store pursuant to a signed and executed search warrant. Diehm stated her recommendation on the best way to work with the City is when the Police Chief comes to visit and provides a 48 hour warning, that the best way to show cooperation might be to comply with that warning and have the discussion and not allow the prohibited merchandise to be sold less than 60 days later. The logistical error of "because the owner was out of town", the owner will not be in town every single day of every single month of the entire year and we expect there to be other responsible people in charge. Peterson stated that the City has been very fair in trying to work with the store owner. He does not want to see another empty store front, but he does not want a store front that is selling illegal 4:1 merchandise just to keep it open. Hoeft stated that there is a motion on the table and when you take action to vote on it, what will happen is that this discussion which occurred tonight and the council letter that is part of the packet will become the legal findings of the Council. Therefore, it would be helpful to indicate that Council's action on the matter is based upon the testimony of staff supporting and providing the background information for the items listed in the Council letter, items number 1, 2, 3, and 4 and also that the Council letter and the attached documentation, as far as correspondence between the City and the owner of the establishment are all taken into consideration, as well as input from the public, the license holder of the establishment and his representative. --- Council agreed that these proceedings, the Council letter, attached correspondence, input from the public, license holder, and representative be taken into consideration. Upon vote: Kelzenber-, aye; Williams, aye Dielim, aye Nawrocki, aye; Peterson. ave. Five ayes. Motion carried. E. Suspension of Tobacco License for Hot Market-5011 University Ave Motion by Kelzenberg, second by Williams, to suspend the tobacco license issued to Sharif Alhammouri, for property located at 5011 University Ave (Hot Market) from August 25, 2010 to September 23, 2010, based on violations found in City Ordinance Article 111. Clark stated this is regarding selling of tobacco products to minors on March 16, July 15, and July 28, 2010. Included with the Council packet is a report from the police department. The first violation was given after contact with juveniles outside of the business for tobacco. The second violation occurred and the checker was asked what their age was and they indicated they were 17 years old, but they sold to them anyway. The third violation was made with contact with juveniles outside of the business and a citation was issued again. The item will be challenged with issues of civil versus criminal. Council can make a determination as far as suspension is concerned. The issue is that with the violations in a 24 month time period, there is a minimum of a seven day suspension. However, due to three violations with in five months, we view that there be a more strict penalty and recommend a 30 day suspension for the tobacco license. Dielim stated that when we sent underage people in to purchase products they can not lie and they do not have fake ID's. Hoeft stated that per Statute they have to respond truthfully to any question presented to them. Nawrocki asked if this is the more conventional tobacco products. Clark stated yes, for cigarettes. City Council Minutes Monday, August 23, 2010 Page I I of 24 Sharif Alhammouri, 5011 University Columbia Heights and Mohamad Shambolia, 4020 Avenue, New Brighton, friend of the owner and interpreter for the owner spoke. Alhammouri stated he has owned the business for 1.5 year. When he bought the store the police contacted him and he was selling tobacco pipes and items like the other store was selling for five or six years and he agreed to stop selling all the things they did not want in the store. He agreed with the first ticket he received for selling to underage patrons, he plead guilty in Anoka County and paid the fine. The second ticket was like a few weeks before all of the problems; that employee no longer works at the store. He agreed to the second ticket that there was a sale to someone underage. He does not want this done as it is not worth it; being here or hiring lawyers. The third ticket he does not agree with as selling to a person under age because there is one person outside and he sold to the friend who was over 18. There are too many kids around the neighborhood that get someone else to buy them cigarettes. He stated that he has to go to court on September 2 and he met with his lawyer to fight the ticket because he does not agree. The police did not check it out; it was just somebody outside. If the court finds him not guilty on the third ticket, then there would only be two tickets in 24 months. He stated that he knows he should not sell cigarettes to someone under age. The first one was a mistake, and the second employee; he knows that he should check ID's. The problem is underage people ask others to buy for them. Alhammouri asked that the Council wait until the court decides if they give him the third ticket or not, or to give him another chance and remove the license for a shorter time, like the minimum, one week, not one month. One month would put him out of business as that is 80 to 90 percent of his business. He is already behind in his rent two months and closing for one more month he will have to close the store. The store had a bad history in the past and he is trying to change that. He said he received the letter from police regarding pipes and he stopped immediately. He does not have any issues with the neighbors; they are happy and the area is better after he took over the store. Regarding civil or criminal, but he does not believe he is guilty. He stated there were a lot of issues outside of the store with people trying to do illegal activities and he calls the police on them. He had people break his windows twice because he called the police on them. He stated that the first ticket he got, he sold the cigarettes to the brother, but did not want to fight the charge because of the cost to fight it. He is asking to give him the time for the court to decide if their ticket should be in existence or not. He stated that the second ticket he asked the police to check their cameras to see if he sold cigarettes to an underage person. When he went to court, the prosecutor offered him to plead guilty and he didn't know at that time, because he had only owned the store for a short time and plead guilty. He did not know that it would show on his record and could make him lose his license. He is asking for a shorter time. He doesn't argue on the first and second ticket; the second ticket the cashier made a mistake and sold to an underage person. But the third one he does not believe is right. One month would put him out of business and he is behind in his rent two months already. Dielim asked if it was the same cashier that sold on second and third offense. Alhammouri stated yes. Diehiii asked if the cashier plead guilty to the third offense. Alhammouri stated that he did not go to court yet; it will be September 2. Austin stated that the first offense occurred on March 7 as the result of a traffic stop. The owner is correct; after we cited the employee they mentioned that there were surveillance videos that could have helped, but they never followed up with that and never contacted us to get us that information. He may have been right that there was some surveillance video, but he never stepped forward to give us additional evidence that could have allowed us to dismiss that. The second one, which occurred on July 15, was a tobacco compliance check. The clerk did ask how old she was, and said she was underage and 17 years old, and the clerk chose to sell anyway. On July 15 there were some pipes and other paraphernalia being sold. Johnston stated that during the July 15 tobacco compliance check they do have to be honest when asked questions. When our City Council Minutes Monday, August 23, 2010 Page 12 of 24 check went into the store she was asked how old she was and she replied honestly that she was 17 years old and the clerk asked if she was wearing a wire and if she was with the police department. When she answered no to both of those, he replied that since she was being honest he would sell her tobacco. Johnston stated that the compliance checkers are asked to see if these pipes are available. She had a conversation with the clerk at that time about whether or not they had pipes and the clerk said that they had some metal one - hitter pipe. She didn't know what that was so she came back out. In a follow up conversation with that clerk it was stated that behind the counter he had a small stock box that had some metal pipes and miscellaneous items in there. These were not items that were out on the counter for sale, and no purchase was made. I asked him to remove them from the store and he agreed to do that. No citation was issued in regards to the pipes. The third violation was on July 20 and the owner mentioned that there was another person, an adult that purchased the cigarettes. I can only go on the officer observations in that the officer spotted a male and female, both who appeared to be underage smoking in the parking lot and that is what sparked curiosity in the officer resulting in the employee being cited for selling tobacco to a minor. During the investigation, one of the underage persons admitted that they went in and bought cigarettes from the clerk. Hoeft asked if the Investigator has the ICR's on each of these incidents and is the necessary information redacted. Austin stated yes. Hoeft asked that they be given to the City Clerk to be included in the findings of the Council. He asked the clerk to pass those findings to the City Council members. Hoeft stated that these are consistent with the summary in the City Council packet information. Johnston noted that in the first and third violation there were two juvenile witnesses each time and both identified the store clerk as the one that sold to them, and they were each interviewed separately and the interview was taped. Kelzenberg asked for elaboration on the phone call from Katie Engman. Johnston stated that Katie Engman is the Tobacco Compliance Coordinator for the Ramsey County area. Just prior to the July 15 tobacco compliance he received a call from her, as she had been hearing from a lot of the youth that she deals with that Hot Market was the place to go for under aged people to buy cigarettes. They were bothered by it and she passed it along to us. Alhammouri stated that the pipes the police referred to, he was not selling, it was from when he bought the store and was sitting in a box on a shelf and he was trying to return it to the company but they did not want to take it back. He stated is not arguing the first and second ticket, but the police talked to that person outside, when the police found out they were under 18, they are sure the two witnesses would not tell the police that they used a fake ID. The police should have checked if it was a real ID. So when the police stopped them they asked them if they were under 18 but not if they used a fake ID. Unless the police searched them and only found one ID. A lot of people use fake ID's to go buy cigarettes and no body can find out, except the police. Last week the police sent in another underage person and he did check the ID and he went outside and saw the police were waiting outside. He did not sell to them. Today someone underage tried to buy and told him no and the person pushed the cash register into his face and ran from the store. City Council Minutes Monday, August 23, 2010 Page 13 of 24 He asked for another chance and understands what he did was wrong and just requests a shorter time. One month would be a long time to go with no business. He agreed with the minimum punishment, but not the maximum. Peterson asked what percentage of his business this is. Alhammouri stated that cigarette sales are over 75 percent of his sales. He also sells candy and pop. People come to buy cigarettes. No one will come to his store to just buy the other items. He stated he is o.k. with any fine or a one week suspension, and if you cite him again you can suspend it for as long as you want. Deb Johnson, 4626 Pierce Street, stated there is an obvious language barrier. What steps are taken for training in order to check the ID's of these people? Diehm reiterated the question. Alhammouri stated that it does not take a brain surgeon to check ids. The problem is the guy was ignorant and careless and he didn't care. Sometimes if you work there you don't care and they look like they are over age and you don't ask if they look old enough. When the clerk was asked why he did not check the ID, he said that a lot of African - Americans look older, and he looked like he was 23 or 24 and that is why he did not check his ID. Diehm stated that many establishments have a policy that if you get any tickets, then you are fired. Alhammouri stated that the clerk is now fired. Diehm stated but not after the first incident. Alhammouri stated that he decided to give him another chance, but was fired after the second time. There was an argument over the second ticket too, but he was fired after the second one. Diehm asked if the second one was the checker. Alhammouri stated the second one was the one the police caught outside and after 45 minutes they came and gave the ticket because he was underage with a traffic ticket. It was an honest mistake. Johnson stated there is a language barrier and she was wondering if they can even read the id. Hoeft asked that the maker and seconder acknowledge that the motion has been made based upon the written Council letters attached to the packet, as well as all of the information that goes with that and the ICR criminal reports that were generated have been seen on each of the three violations and that the Council will consider that in their determination. Kelzenberg and Williams agreed. Diehm asked if we have had any other suspensions following violations. Clark stated that the last one was in 2004. Diehm questioned how staff came up with the 30 day suspension. Clark stated that the issue is that we are somehow hampered as we do not have a graduated scale. We view that there is a difference between two violations spread out over a four month period of time rather than the concentration of time here. Is there a difference between 30 days or five weeks? We felt that was a reflection in the severity. Hoeft agreed with Clark's comments and indicated that 30 days is not from a fancy calculation, but staff came up with a time frame that we felt was appropriate in the overall context of what has happened. The Council is not bound by that time frame. If you want to modify the time of the suspension, you could do that. Per the ordinance we have the minimum of a seven day suspension. You can go under the 30 days or over the 30 days. City Council Minutes Monday, August 23, 2010 Page 14 of 24 Dielim stated that she wanted to be sure that the suspension staff recommended has a basis on what is seen in other communities or compares and we have and a solid base for that. Hoeft stated it is not based on other communities, but internally within our system and in our code there is a mandatory seven day suspension period and that is for a certain number of violations within 24 months, and because of the five month time period that these three violations occurred in we felt that more than the minimum was necessary in order to appropriately respond to the violations. It was determined by staff that this was more strict than the minimum, but not as strict as the case before this one, which had a number of other mitigating factors. He stated that it does not go with an equation; it would be nice if our ordinance had a graduated scale and took some of the subjectivity out of it, but we do not. Clark stated that whatever direction is set, would indicate precedence. Kelzenberg stated he would be O.K. with a two week suspension as they have taken steps to correct the problem. The owner has had two broken windows and he has taken some ramifications, if he is telling the truth. He needs some more training, but a month may be a little harsh under the circumstances. Diehm stated that for alcohol compliance employers can be required to provide training to their employee and they pose conditional training, and voluntarily are subject to compliance checks. Restaurants install card readers to use before they serve anyone. Are there any other training requirements? Hoeft stated that there are other communities that have adopted best practices, where they reward lessened consequences if they agree to a training program. You are open to any other criteria other than arbitrary or capricious. You can require additional training. He stated he does not know of such programs off the top of his head and we are not sure if we can ask the police to have an additional program. We would want the owner to commit to the additional agreement. Peterson asked Captain Austin if he was aware of any place we can send them for additional training. Austin stated he was not aware of any police stations that do tobacco training; there is alcohol training. Alhammouri stated that when he said he was willing to pay any fine, it doesn't mean he has thousands of dollars and that he does not care about the fine. He does not have the money to pay the fine, but would prefer to pay a fine more than closing the store and not having the income. He believes he should be punished, but not for one month. He has not even gone to court for the third ticket on September 2 d . The third ticket he may get out of and then he would be suspended for one month with only two tickets within 24 months. He does not believe that the person outside was telling the truth. This could have been bought by fake ID. He got scared when he got caught. If he has only two tickets he would not be suspended at all. When he talked to Mr. Scott at the City, he said that the reason to be suspended for more than one week was that he had two tickets in two or three weeks. We think that it should be less time because he didn't have time to train him or hire someone else. He does not say he should not be punished, but not for one City Council Minutes Monday, August 23, 2010 Page 15 of 24 month. A one month punishment would put him out of business. A fine would be a lot for him to pay. He does care about the money, but better than closing the store. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 5 ayes. Motion carried. Diehm asked the police officers about the sale of mace/pepper spray. She asked if there is an age limit on the sale of this. She purchased some and was asked for her ID. Austin stated his belief was that you have to be 18. The request for an ID was store policy. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions b. Adopt Resolution 2010-79, Approving the 2030 Comprehensive Plan Jeff Sargent, City Planner, stated that on May 26, 2009, following review by the public and the City Council, the Comprehensive Plan was accepted for submittal to the Met Council. Following their approval, the Comprehensive Plan requires adoption by the City Council. The Plan will then be disbursed to the Planning and Zoning Commission and the City Council. The Met Council gave their approval on October 14, 2009. Sargent explained the time conflict. Nawrocki indicated it was not correct to ask the Council to adopt the Plan before receiving a copy. He stated that last year when he asked questions, they were not answered. Sargent stated that the Council essentially approved the document last May 26. The Met Council had a few technical number questions that were considered minor updates and has now met their requirements. Nawrocki stated that the City of Fridley made comments that Council did not received. Motion by Nawrocki to delay the vote on the Comprehensive Plan until a copy of plan, Met Council comments, and the City of Fridley comments are received. Diehm questioned if there was a time restriction for the approval. Sargent stated that if there are significant changes made, the Plan would have to go back to the Met Council and we would not have a 2030 plan. Sargent indicated that if this was approved, the Plan could then be amended. Diehrr. stated that might be preferable and an amendment would require a public hearing and a four-fifths vote. Peterson called for a second to the motion. No second was received. Motion failed for lack of a second. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2010-79, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Na-wrocki stated that it was ludicrous to waive the reading of a document we do not have. Sargent indicated that it is the reading of the resolution that is being waived. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2010-79, approving the 2030 Comprehensive Plan Diehm read portions of the resolution and indicated that the Council has reviewed the Plan and received public comment on it. Nawrocki questioned portable housing units and the life cycle opportunity. Sargent indicated the City Council Minutes Monday, August 23, 20 Page 16 of 24 recommendation is an additional 23 I units. Scot Clark, Community Development Director indicated that would be approximately 70 percent of our current housing stock. This is defined as affordable housing; single family with income limits and a house under $160,000. Sargent reminded the Council that this number is only a goal set by the Met Council, not an obligation. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay. Motion carried. a. Adopt Resolution 2010-68. ADDrovina Continuation of Participation in the Local Housin Incentives Account Program Under the MetrODOlitan Livable Communities Sargent stated that the Met Council established the Met Council Livable Community fund. This resolution is required to allow our participation and for us to receive funds for site clean up from 2011 through 2020. The resolution requires a range of affordable housing goals, which is accomplished through the Comprehensive Plan just adopted. The possible new redevelopment life cycle housing unit goal is set at 697. These are only goals. Nawrocki asked if this could be Section 8 housing. Diehm stated this is not a mandate. Some units at Grand Central Lofts could be considered affordable. Nawrocki indicated that we should not agree to set this goal, as it may be used against us in the future. Peterson indicated that we already participate in this program. Clark stated without this we would not have received the grant for 47 and Central Avenue. Fehst stated this was program was used for the cleanup of the industrial site. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2010-68, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2010-68, approving of the continuation of participation in the Local Housing Incentives Account Program under the t� - Metropolitan Livable Communities, thereby establishing affordable housing and life-cycle housing goals. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — I nay. Motion carried. C. New Business and Reports Nawrocki stated that he attended the SACA community garden open house and was very impressed. Over 400 pounds of food has been sent to SACA and an additional 100 pounds of food was sent to Park View Villa. He commended all persons that are working on this project. Nawrocki presented a check for $4; the cost for him and his wife to attend the Police community picnics, per Council member Diehrri's motion that members not receive the benefit of any food. Nawrocki referred to the approval of payment a couple of weeks ago for meals for the City Manager up north and for the North Suburban business group. Felist stated that was in lieu of the allowed stipend. Diehm indicated that Council member Nawrocki has brought up this issue multiple times. She stated that in review of the minutes regarding this item, she strenuously objects to Nawrocki's repeatedly mischaracterizing that motion and she asked that a copy of those minutes be provided to Mr. Nawrocki so that he can review them himself. The motion reflected the fact that no reimbursement would be provided to members of the Council or Mayor for out of pocket expenses. If Mr. Nawrocki does not understand what that motion means, she stated that she City Council Minutes Monday, August 23, 2010 Page 17 of 24 would be happy to meet with him and the City Attorney and get a better understanding of what those words mean. Those words simply mean that we can not submit the fees for our own out of pocket expenses and get reimbursement. That is not a motion that is up for discussion, that it is simply a motion that was made in the past. It should not be discussed and she asked that the record reflect that Mr. Nawrocki repeatedly mischaracterizes what that motion represents. Nawrocki stated that he has a copy of the minutes of that meeting. Diehm asked him to read it. Nawrocki stated it is a matter or not of whether the City will pay for food or mileage for any member of the Council. You can pull your lawyers game and play a word game on how you define various terms, whether you pay for food in cash, present a slip and it is paid to someone else, it is dollars for food or mileage. Diehm stated her respect for the fact that he wishes that to be different, but that is not her motion. She stated that he would characterize it as Ms. Diehm's motion or Tami's rule, but the rule that was adopted by the Council that night by a four to one vote was simply for no reimbursement for out of pocket expenses. She stated that if he would like to have a different rule that affects staff or affects him separately, that that will have to be brought before the Council. The rule is what the rule is and it was adopted in a specific way. It is continually brought up and characterized as something that it is not. That is not fair. Nawrocki stated that is defining what was actually proposed. He stated that in November she proposed that the City Council would not be paid for any food or mileage. Motion by Williams, second by Kelzenberg, to accept the Council's $22 donation for coffee. Nawrocki questioned how this is to work. Peterson stated that we are accepting, through the proper channels, the $22 donation to purchase coffee so we can have coffee during our meetings. Nawrocki questioned how he could be involved in the donation. Peterson stated it was done openly at a Council meeting. Peterson stated that he could also contribute to enjoy the coffee as we have. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye. Nawrocki requested to include his $2. Fehst stated that employees put in a dollar a month for coffee, so when the $22 was dedicated by the three Council members and will be extended over the months. They will be -• for another record donation in several months. Nawrocki asked that the he is giving his $4. Peterson stated that there is a motion and second partially voted on. Motion by Nawrocki to present $2 to become part of the coffee fund, along with a check for $4 for two meals at the police picnic. Peterson stated that would not be necessary. Diehm stated that it could be added to the general fund. Nawrocki stated that we ought to give the people in the audience the opportunity to drink the coffee. Nawrocki stated that he did not wish to make a motion, only to make it part of the record. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that the Tuesday, September 7 work session will include the inflow program and collection in District II and budget review. As the economy is not where we thought it would be there is some leeway within the budget. Fehst stated that Council member Kelzenberg stated he would recommend no more than a three and one -half or four percent increase, based on the hardship of the public. We anticipate the Council will make further cuts and /or a reduction in the fund. balance. We also anticipate the need to extend the four year plan to remove the need for LGA. LGA is a resource that will probably go away. Nawrocki indicated that there should be a decrease in the City Council Minutes Monday, August 23, 2010 Page 18 of 24 budget. We have had double digit increases. There is an eight percent increase in this budget and he is not sure if it includes the HRA or County levies. The City's debt has increased. In the past it has been indicated that ten percent of our homes are in foreclosure. Nawrocki asked how many additional homes have been foreclosed since the last report received? We should not only look at a decrease in the levy, but also a decrease in staff and other expenditures. Nawrocki questioned the high usage at Key's Park on Saturdays and Sundays and the problems caused for the neighbors. Felist gave an update of recent activity. Nawrocki referred to Met Council work on Monroe and 49 and a resident's request that water be used to keep the dust down. Report of the City Attorney -none CITIZENS FORUM Pat McDonald, 3725 Lincoln, requested that with the new audio visual system the City explore adding closed captioning. At this meeting he was only able to hear about five percent of the dialogue. He stated that he has no idea of the cost for this, but there are a lot of senior citizens with hearing problems. Fehst stated that we will discuss this with the cable company. McDonald referred to the high cost of the required biodegradable yard waste bags and asked to have the City's contractor provide yard waste carts. There is a fee, $4 a month for 8 months pro-rated on your water bill, but he would be willing to pay for the convenience. This would only cost those people that want the container. Blaine has these containers. McDonald also suggested switching the recycling containers to the larger can, as many people recycle more than the regular garbage. Staff told him this would have to be approved to begin at the first of the year. Nawrocki indicated that he has also made the request for yard waste canisters. Nawrocki again questioned when the Council meetings will be rebroadcast. Felist stated that the meetings will be rebroadcast eleven times on Channel 15. We will request to place our meetings on the Education Channel. We will assess our video equipment needs and bring the recommendation to Council for approval. Nawrocki suggested publishing the minutes of Council meetings in our local newspaper. Felistindicated viewer's preference to watch the meetings. Peterson stated that publishing the minutes would be an added cost. We are working hard to keep replaying the meetings as an option. Felist requested a copy of the Federal study regarding the DARE program, as this is the first he has heard of the ineffectiveness of the program. Diehm commented on the DARE program and felt it would be hard to prove it as a negative. Nawrocki stated that from listening to the students, it is very effective. City Council Minutes Monday, August 23, 2010 Page |Oof24 Peterson stated ^ `Don`t forget your service men and women and keep them in your prayers." Peterson stated that hc was fortunate ln ride with the National Guard 13 3 AizWiogioa[l]0ooa training mission with the City Manager and two of our emergency personnel. They explained what they d0 for uu and what they can offer us. They are quality people and he was thoroughly impressed. Peterson stated ^^ D0o`ttake yourself too seriously and doa random act ofkiodueoa. Peterson adjourned the meeting u1I0:73 p.m. P1 C _4-, , -7� ?Patricia Muscc��!yt CM&ity Clerk RESOLUTION NO. 2010-63 BEING ARESOLUTION ACCEPTING CAPITAL GRANT AND CABLE STUDIO EQUIPMENT FROM C0MCA8TOP MINNESOTA, INC. ("C0MCABT] AND AUTHORIZING APPROPRIATION CF SUCH GRANT MONIES AND THE TRANSFER OF CABLE STUDIO EQUIPMENT WHEREAS, ao part ofthe zenevvo| franchise agreement, ComcastvvO{ provide the City ofColumbia Heights (the ^^��`)��hbucu�iiu|�ruoiof�|A4,842�OOthu* can 6u used to purchase new video equipment, tbrinuti1u1iuna!network construction, or for other pcnnittcd capital purposes; and IAUEREIII.S,uo part o/thcComno 1.euer Agreement between Comcast and the City, Co/ncss/vvi8transfer ownership of $65,000.00 worth of equipment currently housed at the community access studio to the City; NOW, THEREFORE BE IT RESOLVED that the City hereby accepts the grant of$]94,Q42.0ObronuComcuut to- the specific purpose of upgrading video equipment and constructing an institutional network and that grant revenues be deposited in fund 44O. Capital Equipment — Cable TV; and BE IT FURTHER RESOLVED that $/94,842.00beappropriated io fund 44Q. Capital Bquipmcoc- Cable TV for the purchase of video equipment and installing ao institutional network; and BE IT FURTHER RESOLVED that the City Manager is authorize to proceed with the purchases and installation of the items covered bythe grant inau amount not tu exceed $ly4.842.00;and BE IT FURTHER RESOLVED that the City accepts the $6j.8U8O0 worth of equipment currently housed u1the community access studio from Comcast, and hereby transfers ownership of such equipment to School District l3 RESOLUTION 2010-80 Resolution Supporting Central Avenue Merchants Meeting with J{ue|Energy WHEREAS, the City's Central Avenue merchants have been expccionciog,un inordinate amount oy power outages over the past year; and WHEREAS, the need for reliable and continuous electrical energy is a critical component to business operations; and VVBB02/\8, area merchants desire tohave ucomprcbeooivc meeting with Xc6 Energy to discuss remedies tothe houcy o1hand and WHERAS, the desire for such a meeting has been expressed through a petition to Xcel Energy: and WHEREAS, the City through its Housing and Redevelopment Authority has similar concerns for its day to day operations at 9urkvievvVilla; and VVRBKA8, the City iuinu position tu expedite u meeting, with XcelEnergy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights follows: 1. The City Council, recognizing the concerns of the Central Avenue merchants, hereby direct staff to request a meeting with Xcm|Eocrg C' y with the purpose of ddennining and taken actions to remedy the ongoing power outage situation. City Council Minutes Monday, August 23, 2010 Page 20 of 24 RESOLUTION 2010 -69 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Linda L. Dootson (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4812 Stinson Blvd. N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on July 29, 2010. 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 June 21, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 29, 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on August 13, 2010 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall replace all /any missing screens, shall replace the missing overhead garage door, and shall repair /replace the soffit /fascia on the garage that is deteriorated. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL L That the property located at 4812 Stinson Blvd. N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4812 Stinson Blvd. N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2010 -70 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article 11, of City Code, of the property owned by LeDora Hankton (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1428 42 Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 3, 2010. 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 June 30, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 3, 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on August 12, 2010 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove the very large dead cottonwood that is in the backyard. It is a hazard to the structure located at 1421 Circle Terrace Blvd. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL City Council Minutes Monday, August 23, 2010 Page 21 of 24 1. That the property located at 1428 42 Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1428 42 Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2010 -71 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article lI, of City Code, of the property owned by Segundo E. Ramon (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1131 40` Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 5, 2010. 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 I. That on June 30, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 5 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property rernrd 3. That on August 13, 2010 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove the dead trees on the west side of the property line 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL I . That the property located at 1131 40"' Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1131 40 Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2010 -72 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Timothy D. Pfleghaar (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 46216"' Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 5, 2010. 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 June 30, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. City Council Minutes Monday, August 23, 2010 Page 22 of 24 2. That on August 5, 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on August 13, 2010 inspectors reinspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove the dead trees on the west side of the property line 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4621 6` St N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I. The property located at 4621 6th St ME constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. ORDINANCE NO. 1584 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION l0A OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO FORM OF GOVERNMENT The City of Columbia Heights does ordain: Section I: Chapter 2, Section 10A, of the Charter of the City of Columbia Heights is hereby eliminated Section 2 This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. ORDINANCE NO. 1585 BEING AN ORDINANCE AMENDING CHAPTER 7, SECTION 72, OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO BONDED DEBT AND DEBT LIMIT The City of Columbia Heights does ordain: Section 1: Chapter 7, Section 72,of the Charter of the City of Columbia Heights IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 72. BONDED DEBT AND DEBT LIMIT. No bond shall ever be issued to pay current expenses or to refund certificates of indebtedness issued to provide for temporary deficiencies in the revenues to cover current expenses, but bonds may be issued by a four -fifths vote of the council, subject to the referendum powers of the people, for the purchase of real estate, for new equipment, and for all improvements of a lasting character. The total bonded debt of the city shall never exceed ten percent of the assessed valuation of all the taxable property in the city, but in computing the total bonded debt, emergency debt certificates, and bonds issued prior to the adoption of the charter and either held in a sinking fund or issued for the purchase, construction, maintenance, extension, enlargement, or improvement or water, heating plants, or either, or any other public convenience from which a revenue is or may be derived, owned and operated by such city or village, or the acquisition of property needed in connection therewith, or for the improvement of streets, parks or other public improvements, to the extent that they are payable from the proceeds of assessments levied upon property especially benefitted thereby, and obligations issued for the improvements which are payable, wholly or partly, from the collections of special assessments levied on property benefitted thereby, or for the creation or maintenance of a permanent improvement revolving fund shall not count as part of such total bonded debt. In no case will bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be diverted to any other purposes. (Ordinance No. 1284, passed June 13, 1994) Before any bonds are sold, there shall be a four -fifths vote of the council authorizing the issuance of the bonds by ordinance. However, bonds to be sold for the refinancing of any existing bonds shall be authorized by four fifths vote of the council by resolution. Following its passage, the ordinance shall be published at least once by publication in a legal newspaper having general circulation in the city. The registered voters of the city shall have thirty days from the date of publication to initiate a referendum on the ordinance authorizing the issuance. Subsequent to the passage of the authorizing ordinance, its publication, and the thirty -day period, the bond sale shall occur within sixty days. During said sixty day period, the City Manager shall have the authority to establish a special meeting upon at least seventy -two (72) hours advance notice to each member of the council. At that special meeting, the City Manager is authorized to receive the actual bid(s) or sale of the bonds to be negotiated. City Council Minutes K4onJuy, August 23,20|0 Page 23of24 The uotuu\ uvvazd or oa|c of the bonds shall be approved by u resolution passed by u four-fifths rou: of the council. (Ordinance No. 1492; passed September 1%,2A85)(0mQ&mmmmo No. 12W4,passed June 13,1994} In addition to all powers specifically granted in that regard by its charter or amendments thereto, the city shall have all the powers in reference to the issuance of bonds or certificates of indebtedness provided by statute. (Ordinance No. 1114, passed February 10,1986) Section l This Ordinance shall be in full force and effect from and after ninety (90) days after its ORDINANCE NO. 1586 BEING ANORDINANCE AMENDING CHAPTER 9. SECTIONS 87,88,89\9m,o|. AND 92 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO EMINENT DOMAIN The City of Columbia Heights does ordain: Section 1: Chapter 9, Sections 87, 88 89, V0 and 92 of the Charter of the City uf Columbia Heights /S HEREWITH AMENDED TO READ ABFOLLOWS: CHAPTER 9 Section 87. POWER TO ACQUIRE PROPERTY. The city ofColumbia Heights is hereby empowered to acquire, by purchase, gift, devise or condemnation, any prnperty, corporal or incoqporu, either vvidzio or vvi{bum its corporate boundaries, which may be needed by said city for any public use or purpose. In addition to the power to noguico property for other public purposes, the city may also acquire, us herein provided, any gas, water, heat, power, light, telephone, or other plant or other public utility; but no proceedings to acquire any such public utility shall be consummated unless the city has the money in its treasury to pay for the same or has by vote ofthe people made provision for paying for the property proposed tobuacquired. The glnerIal laws of the State of Minnesota relative to Eminent Domain shall govern the City of Columbia Heights. Section 2: This Ordinance shall bein full force and effectbom and after ninety 00 days after its passage. RESOLUTION N0\2010-6W RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEARS 2O|| THROUGH 2A2O WHEREAS, the Metronnlitan Livable Communities Act (Minnesota Statutes sections 473,25m473.255) establishes Metropolitan Qvah|u Communities Food which is intended to address houyina and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Cmnmonhica Fund, compr the Tax Base Revitalization Account the Livable Communities Demonstra Account, the Local Housing Incentive Account and the !no!usiunary Rmuy|n is intended to provide certain funding, and other assistance to metropolitan municipalities; and WHEREAS, u metropolitan-area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund nr eligible to receive certain polluted sites cleanup hmdhn�6om�e��ncumuDopa�m�xofEmpbynent and Economic Development unless the municipality iu participating iothe Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council <onogohatewith each municipality on oxtahUxh affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Developinent Guide; and WHEREAS, previously negotiated affordable and life-cycle housing goals for municipalities participating in the Local Housing Incentives Account Program expire io28l0;and WHEREAS, u metropolitan-area municipality can participate in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254 if (n) the municipality elects to participate in the Local Housing Incentives Program; (b) the Metropolitan Council and the municipality successfully no&oha10 new affordable and life-cycle housing, �ooJs for the municipality; (c) the Metropolitan Council adopts by resolution the new negotiated affordable and life-cycle housing goals for the municipality; and (d) the municipality establishes it has spent orwill spend ur distribute tothe Local Housing Incentives Account City Council Minutes Monday, August 2 2010 Page 24of24 the required Affordable and Life-Cycle Housing Opportunities /\moun{(AL80A) for each year the municipality participates in the Local Housing Incentives Account Program. NOVVTBBKBP0DB,BB[T RESOLVED by the City Council of Columbia Heights follows: |. Elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act for calendar years 2O|| through 2020. 2. /\��u0othof�Uovvin�oJ�rdublcund|if�-oyx|�houoin� goals �xcalendar years 2O|| through 2O2O: Affordable Housing Goals Range::= Life-Cycle Housing Goals Range 231-250 1 466-500 l Will prepare and submit to the Metropolitan Council a plan identifying the actions bplans to take to meet its established housing goals. RESOLUTION NO 2010-79 RESOLUTION ADOPTING THE 203U COMPREHENSIVE PLAN WBOOREA8, all oiduo in the TWin Cities Metropolitan Area were required to submit their comproboosivo plan updates to the Metropolitan Council by December 3|,2O00;and WHEREAS. the City bo|d various work sessions, received public moments and held public bcuriogx in formulating the City's 203O Comprehensive Plan; and WHEREAS, the City staff provided reports tnthe Planning Commission and the City Council; and WHEREAS, the Planning Commission and City Council held a public hearing on May 26 2009 and made orccommendmioo that the 2030 Comprehensive Plan be adopted; and WHEREAS, the 2030 Comprehensive Plan was adopted, subject toreview of same by the Metropolitan Council pursuant to Minnesota Statutes Section 473.85> o/xr4;and WHEREAS. the City Council directed the Planning Staff to submit the 2030 Comprehensive Plan to the Metropolitan Council for review; and WF0EREAS, at its, regular meeting of October 14. 2009 the Metropolitan Council completed its review of the City's updated Comprehensive Plan and made m finding the City's Plan meets all Metropolitan Lund Planning Act requirements, conforms tothe regional systems p}ooy including transportation, aviation, vvo1er resources management including the Tier |l Comprehensive Sewer Nun, and parks, is onoaixtem with the 2030 Regional Development Fruonen'orky, and is compatible with the plans of adjacent jurisdictions; and WHEREAS, the Metropolitan Council recommended the adoption of the forecasts for population, households, and employment for the City, incorporation of advisory comments in water resource plans as identified in the Metropolitan Council's Review Krcoo];unJ WHEREAS, the City of Columbia Heights agrees to participate in the Metropolitan Council's activities to monitor redevelopment and infill beginning in 2010 and submit annual report consistent with Metropolitan Council guidelines; and WHEREAS, the supplemental information and changes have been incorporated into the Plan am identified Amthe Metropolitan Council's Review Record; and WHEREAS, local governments are required to fonnu||y adopt their comprehensive plan after the Metropolitan Council's final action and that any recommended changes should be incorporated into the Comprehensive Plan; and WHEREAS, at its August 23. 2010 meeting the City Council considered the 2030 Columbia Heights Comprehensive P\uo including the Tier 11 Comprehensive Sewer Plan, as amended with the recommendations found within the Metropolitan Council's Review Record (hereinafter the "20 )0 Columbia Heights Comprehensive Plan"). Y40VV. THEREFORE, IT /8 82DB8`/ RESOLVED BY the City Council of the City of Columbia Heights that the 2030 Columbia Heiah|sComprehensive Plan ix hereby adopted.