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HomeMy WebLinkAbout11/13/2012 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING TUESDAY,NOVEMBER 13,2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Tuesday, November 13, 2012 in the City Council Chambers, City Hall, 590 40'h Avenue N.E., Columbia Heights, Minnesota. 1. CALL TO ORDEWROLL CALL/INVOCATION Mayor Gary Peterson called the meeting to order at 7:09 PM Present: Mayor Peterson, Councilmembers Williams,Nawrocki, Diehm, and Schmitt. Pastor Bill Hugo of St. Matthew Lutheran Church gave the invocation 2. PLEDGE OF ALLEGIANCE -recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki asked why the City Council Meeting from October 22, 2012 and the agenda for tonight's meeting were not on cable. Leonhardt indicated that the City Council Meeting was scheduled to be on the cable channel and she would check into the matter. Fehst reminded the council and residents that this Friday is the Mayor's Taste of Columbia Heights Holiday Kickoff at Murzyn Hall and encouraged all to attend. Peterson stated that there will be food samples available from Sarna's Classic Grill, Puerta Del Sol, Yara Grill, Royal Orchid, Miller's Bar and Grill, Tasty Pizza and Chocolatier, Kevin Lindee. 4. PROCLAMATIONS PRESENTATIONS RECOGNITION ANNOUNCEMENTS GUESTS Mayor Peterson wanted to thank everyone that participated in voting on November 6 th. The City of Columbia Heights has a history of high voter turnout. 5. CONSENT AGENDA Councilmember Nawrocki requested to remove items B, C, and D for discussion. City Manager Walt Fehst took Councilmembers through the remaining consent agenda items. A. Approve minutes of October 22,2012 Motion to approve minutes of October 22, 2012 City Council Meeting B. Adopt Resolution No. 2012-141, Canvassing General Election Returns of November 6 2012- Removed C. Adopt Resolution 2012-142, a Resolution continuing the Anoka County HRA Levy Program Removed D. Award audit services contract for fiscal years 2012-2014. - Removed City Council Minutes Tuesday,November 13,2012 Page 2 of 11 E Approve Business License Applications Motion to approve the items as listed on the business license agenda for November 13, 2012 as presented. F Approval of the attached list of rental housing licenses Motion to approve the items listed for rental license application for November 13, 2012 in that they have met the requirements of the Property Maintenance Code. Motion by Councilmember Williams, seconded by Councilmember Schmitt, to approve the Consent Agenda items with the exception of items B, C, and D. Upon vote, all ayes, Motion carried. Item B (Removed from Consent)Discussion on resolution No. 2012-141, Canvassing General Election Returns of November 6, 2012. Nawrocki stated he wanted to inform the public of the results of the General Election. Fehst presented the results of the November 6, 2012 General Municipal Elections as follows: The number of ballots cast for Mayor(1 seat): Gary Peterson at 5349, Bob Oden at 2609. The number of ballots cast for Council Member(2 seats): Bobby Williams at 3930, Bruce Nawrocki at 3401, Catherine Vesley at 3388 and Stan Hoium at 2725. Since Vesley lost by less than one half of a percent, the statue allows for a recount, which was requested. The recount will be Thursday,November 15, 2012 at Anoka County Elections and Voter Registration Offices in Anoka beginning at 10:00 AM. Leonhardt indicated that if there are any changes as a result of the recount,the Canvass Board will need to re-canvass the results. Diehm asked what the overall voter turnout was for Columbia Heights. Leonhardt stated it was around 83% and Columbia Heights typically has the highest voter turnout in Anoka County. Motion by Williams, seconded by Schmitt to move to waive the reading of Resolution No. 2012- 141,being ample copies available for the public. Upon Vote, all ayes,Motion carried. Motion by Williams, seconded by Schmitt, move to adopt Resolution No. 2012-141, being a Resolution Canvassing Municipal General Election Returns and approve the signing of the Abstract. Upon vote, all ayes, Motion carried. Item C (Removed from Consent)—Discussion on Resolution 2012-142, a Resolution continuing the Anoka County HRA Levy Program Nawrocki indicated that he voted against this previously at the EDA Meeting. He asked what the approximate five year cost would be. Clark stated it would be $950,000— 1,000,000 gross. Nawrocki stated these are tough times for residents throughout Columbia Heights and we should not be using extra tax dollars to make the situation worse. Williams stated we are not using extra tax money; we are using money to improve our city. City Council Minutes Tuesday,November 13,2012 Page 3 of 11 Peterson called for a roll count vote: Move to Adopt Resolution 2012-142, a Resolution continuing the Anoka County HRA Levy Program. Schmitt, nay, Williams, aye, Diehm aye,Nawrocki, nay, Peterson, aye. 2 nays, 3 ayes,Motion carried. Item D - (Removed from Consent)Discussion on award Audit Services Contract for fiscal years 2012-2014. Nawrocki stated he was glad that we went out to bid, and stated we should be doing it on more of our specialty contracts. Motion by Williams, seconded by Schmitt, move to award Audit Services Contract to HLB Tautges Redpath, LTD for fiscal years 2012-2014. Upon Vote, all ayes, Motion carried. 6. PUBLIC HEARINGS -None 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions First Reading of Ordinance No. 1610 Establishing Violation Policy for Liquor Licenses Clark stated at the present time,the city code does not have an administrative penalty index and the council directed us to take a look at developing a system. At that time the council gave us direction indicating we should look at incorporating a best practices matrix. If owners are made to comply with the ordinance, we will see more uniformity. What we are looking for tonight is an action for recommendation to move this to a second reading. If this is moved on we will be sending this ordinance to all liquor license holders within the city, making them aware of the policy and they are able to come before the next council meeting with any problems or questions, since this meeting would be open to the public. Diehm expressed her support with restructuring this program. We take this very seriously and I think our goal is compliance not punishment. This helps establishments train their employees, rather than punish them. Nawrocki stated he recognizes the problems,but it seems like we are double punishing. He asked what neighboring communities are doing and what their penalties are. Diehm stated this is not something new that we are adding. The license to sell is given to the owner, not to the employee selling the liquor; therefore the owner needs to be made accountable for training his/her employees. Diehm feels this would be a proactive measure. Clark stated that they want to separate out this ordinance and the issue of the owner and violation being reported to, which will be discussed separately in December. This is done to avoid any confusion between the policies. We already have this in place for cigarettes sales and we are trying to mirror the policy. Most every community does have a matrix spelled out for doing this with the first violation being around$750. The issue is not to punish, it is to be in compliance. This is a pretty straight forward system. City Council Minutes Tuesday,November 13,2012 Page 4 of 11 Motion by Diehm, seconded by Schmitt, move to waive the reading of Ordinance No 1610, there being ample copies available to the public. Upon Vote, all ayes, Motion carried. Motion by Diehm, seconded by Schmitt, move to set the second reading of Ordinance No. 1610 for Monday,November 26, 2012 at approximately 7:00 pm in the City Council Chambers. Upon vote, all ayes, Motion carried. B. Bid Considerations -None C. New Business and Reports-None 8. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated he would have Scott Clark update the mayor and council on the Parkview Villa North and South possible sale. Clark stated the city has received notice from Aeon, who worked with the city on preparing an application to HUD for the dissolution of the Public Housing Agency (PHA, which owns and operates Parkview Villa), that they will be rejecting our application. One reason for this is a new federally funded program call RAD (Rental Assistance Demonstration Project). Before the city submitted the application to HUD, we looked into the legislation and the amount of money that was needed for this RAD Program and determined it would not be feasible for the city to go with this program. We are continuing on with the best possible outcome of complete elimination of the existing contracts and going back to a Section 8 Contract. Today the city submitted a letter asking HUD for removal of our original application. We will be looking at doing another process called Voluntary Conversion. We will have to demonstrate to HUD, based on a certain rent structure,that it is cost effective to them to dissolve the PHA Annual Contribution Contract and roll it over to a Section 8 building. They are working through numbers with HUD and also going out and trying to find GAP financing. Next Wednesday, Aeon staff is meeting with the County regarding HOME funds. Since this project will be in 2013, the city will be able to utilize the 2013 modernization funds. The city will be having another community meeting with residents at Parkview Villa to inform them they will receive relocation notification, even though they will probably not be relocated. We have had to take a step back in the process, but we are still confident we will get there. Nawrocki stated he had asked for a report on the Volunteer Firefighter Fund and to date he has not received anything on this. Fehst stated he was sure that this information had already been given to him, but would check into it. Nawrocki indicated he has received a letter regarding a complaint of traffic accidents on 42"d Avenue and 7�h Street and wanted to know what the traffic commission's outcome was. He would also like some follow up reported to the resident complaining. Another complaint letter was sent to him in regards to city employees parking on 40ffi Avenue and wanted to know if we could put some short term parking on Mill Street. Fehst stated he would take a look at that and maybe the utility payment drop box could also be moved to Mill Street. City Council Minutes Tuesday,November 13,2012 Page 5 of 11 Report of the City Attorney- Hoeft indicated he had nothing to report at this time. 9. CITIZENS FORUM Peterson stated we just recognized Veterans Day and he had the opportunity to go to a Twins game and people held up signs that thanked the veterans and formed a waiving flag. He also indicated SACA and Meals on Wheels could use some volunteers and/or donations for the upcoming holidays. 10. ADJOURNMENT Peterson adjourned the meeting at 8:08 PM Peterson stated: Don't forget our service men and women. They are doing a great thing for us. Don't take ours yes too seriously and do a random act of kindness. Tori Le nh City Clerk/Council Secretary RESOLUTION NO. 2012-141 CANVASSING MUNICIPAL GENERAL ELECTION RETURNS WHEREAS, the City of Columbia Heights, did on the 6th day of November 2012, conduct and hold a General Municipal Election for the purpose of voting on candidates for two offices of Council Member; and WHEREAS,the City of Columbia Heights, did on the 6th day of November 2012, conduct and hold a General Municipal Election for the purpose of voting on a candidate for one office of Mayor; and WHEREAS, the City Council of the City of Columbia Heights, at a meeting of said Council/Canvass Board, held on the 13th day of November 2012 did canvass the returns and results of said General Municipal Election; and WHEREAS,the following results were determined by said canvass of said General Municipal Election, to wit: TOTAL BALLOTS CAST IN ELECTION: Valid Votes Cast for One 2-Year Mayoral Seat Gary L. Peterson 5349 Bob Odden 2609 Valid Votes Cast for Two 4-Year Council Seats Bobby Williams 3930 Bruce Nawrocki 3401 Stanley Hoium 2725 Catherine Vesley 3388 NOW, THEREFORE,BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that Gary L. Peterson is hereby declared to be the elected candidate for the Mayoral Seat and City Council Minutes Tuesday,November l3,2Ol2 Page 6ofll Bobby Williams, and Br000I4on'rooki are hereby declared tohnthe elected candidates for the two four-year Council Seats effective January l, 20l3. CITY OF COLUMBIA HEIGHTS RESOLUTION 2012-142 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS TO PARTICIPATE IN THE ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY ECONOMIC DEVELOPMENT ACTIVITIES FOR FISCAL YEARS 2013 to 2017 WHEREAS, the City of Columbia Heights is an Anoka County munioipa}ih/, and such in a rapidly growing and important segment of the Twin Cities Metropolitan Region, made up of rich variety of vital, desirable oonnnouniUes'` and WHEREAS, the City of Columbia Heights Council rnonnbere believe that the residents of Columbia Heights would realize many benefits from expansion of the Anoka County tax base, including but not limited to; the creation of local job opportunities, redeveloping certain sites within the City, as well an maintaining and improving the City's housing stock, wider sharing of tax burden, and access to enhanced infrastructure, services, and retail and business activities, and, WHEREAS, in order to expand the local tax base, the Anoka County Board of Commissioners has indicated an interest in fostering a regional approach to economic development in Anoka County, and, WHEREAS, in 2007 a statutorily formed citizens exploratory committee recommended to the Board of Commissioners that the Anoka County Housing and Redevelopment Authority be granted the powers of an economic development authority, and WHEREAS, on June 12, 2007, the Anoka County Board of Commissioners, after fulfilling the statutory requirements, did authorize their Housing and Redevelopment Authority to exercise the powers of an economic development authority, and, WHEREAS, MN 8tot. 409.1082 requires that a municipality shall, declare its willingness, by neao|ubon, to join the county in its economic development activities, and. WHEREAS, the City Council approved Resolution #2007-156 for the initial five year cycle, and WHEREAS, the City's Economic Development Authority made a recommendation to continue this program for an additional five years based on8 vote 0f5to2, and NOW, THEREFORE BE IT RESOLVED, that the City of Columbia Heights does hereby declare its support of Anoka County and its countywide economic development objectives and activities, and, BE IT FURTHER RESOLVED that the City of Columbia Heights does hereby elect to participate in Anoka County Housing and Redevelopment Authority economic development activities, and, BE IT FURTHER RESOLVED that the City of Columbia Heights dnao hereby elect to participate in the Anoka County Housing and Redevelopment Authority economic development activities to request funds to support the City's redevelopment and housing maintenance and improvement goals for fiscal years 2013 through 2017. and, BEUlFFURTHER RESOLVED that since the subject levy funds are transmitted to the City, through the Anoka County Housing and Redevelopment Authority as a simple pass through, the City Council formally City Council Minutes Tuesday,November 13,2012 Page 7 of 11 requests that the annual administrative fee be reduced from 15% to 10% to more accurately reflect the costs associated with this transfer. BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the City of Columbia Heights. Passed this 13th day of November, 2012 ORDINANCE NO. 1610 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO ALCOHOL RELATED LICENSE VIOLATIONS 5.510 POLICY FOR ALCOHOL LICENSE VIOLATIONS It is the goal of the City of Columbia Heights to have each liquor licensee comply with the law 100% of the time in relation to the ordinance regulating liquor. The City of Columbia Heights will maintain staff to complete annual compliance checks,periodically check establishments for compliance with hours and license conditions. The City will act as a resource to provide server training or to direct businesses to approved training on an annual basis. The City wishes to have all business choose to be a Best Practices liquor licensee. BEST PRACTICES: Best Practices licensees will have the benefit of following the"Best Practices"violation matrix. The Best Practices program is voluntary and serves as a cooperative venture between licensees and the City to meet the goals of the City laid out in the city code. Best Practices licensees will fill out an application from the City of Columbia Heights committing their establishment to working towards 100% compliance with the applicable ordinances and Minnesota State Statutes. Required Activities: Best Practices licensee will agree to keep records of Best Practices activities and to have them available for inspection. The Best Practices licensee will have 75%of all alcohol selling staff trained by the Columbia Heights Police Department, Minnesota Department of Alcohol and Gambling Enforcement,the Minnesota Municipal Beverage Association, the Minnesota Licensed Beverage Association, (or any other organization who provides similar training upon approval by City's Liquor Licensing Department) on an annual basis. Best Practices licensees will have a written internal training program for new employees and a written policy requiring identification on anyone appearing to be 40 years old or younger. Optional Activities: Best Practices licensees will do four(three if they do integrated ID scanner on register) of the following: • Continuously certify 75%of all employees who sell alcohol are trained. City Council Minutes Tuesday,November 13,2012 Page 8 of 11 • Internal employee reward/recognition program for employees who catch underage customers. • Run an approved internal compliance program. • Automated ID card scanner integrated into cash register. • Pre-arrange to meet with staff and prosecutor on violations. • Have a policy to check ID on every sale. • Have a policy to work with the Columbia Heights Police Department to prevent secondary resale of alcohol. • Have a minimum age of 21 for employees selling alcohol products. PROCESS FOLLOWED FOR VIOLATIONS The purpose of this section is to establish a standard by which the City determines the length of a license suspension, revocation, and/or civil penalty. This policy shall apply to all on-sale and off-sale license holders. These penalties are deemed to be appropriate for all violations. Licensees shall be informed that this policy applies to the License Holder and does not apply to the Criminal Charges against the person who actually violates the law. The City Council may choose to deviate from the prescribed penalty is there are extenuating circumstances. Should the City Council deviate from the adopted policy, they must take official action and document the reasons for the deviation. The City Council may only consider the penalty portion of the action. Should the licensee wish to appeal the facts of a violation, they must request a due process hearing. A. Notice: Upon a determination that a violation of a city ordinance or state law relating to alcoholic beverages has occurred in a licensed premises,the licensee will be issued a notice, either personally or by U.S. Mail, setting forth the nature, date, and time of the alleged violation, the administrative penalties if applicable, the process for appealing the determination and the penalty for failing to comply with the penalty. Mailed notice will be considered complete upon deposit in the U.S. Mail addressed to the licensee at the most current address contained in City records. B. Compliance: Within 14 calendar days of the date of the notice, a licensee may comply with the penalties set out in the notice by paying the administrative fine and notifying the Licensing Clerk of the dates the licensee chooses to submit to any imposed suspension. Suspension days must be consecutive business days the last of which must not be more than 60 days after the date of the Notice. C. Hearing: Any licensee who receives notice of a violation may, within 14 calendar days of the date of issuance of the Notice, request in writing a hearing before the City Council. A request for a hearing must be submitted to the Licensing Clerk who will cause the request to be placed on the agenda of the next regular City Council meeting that will be held not less than 15 calendar days after receipt of the request. Written notice stating the date, time, and place of the hearing will be provided to the licensee no less than 10 calendar days before the hearing. Such notice will be considered complete upon deposit in the U.S. Mail addressed to the licensee at the most current address shown in City records. The City Council may sustain, dismiss or amend the violation, and may sustain, waive, reduce, or increase any penalty provided for in this Chapter, except that no penalty may City Council Minutes Tuesday,November 13,2012 Page 9 of 11 exceed the maximum permitted under state law. The City Council, if it sustains or amends the violation, will establish a new compliance date for the penalties imposed. D. Revocation: Notwithstanding any provisions in this Chapter to the contrary, a violation for which the established penalty is revocation must be forwarded to the City Council for disposition. The notice of violation will include the nature, date, and time of the violation and the date,time, and place of the Council's consideration, which will be not less than 10, nor more than 20 calendar days after the date of service of the notice.Notice will be considered complete upon personal service on the licensee or upon deposit in the U.S. Mail addressed to the licensee at the most current address shown in City records. The Council may sustain, dismiss, or amend the violation. If Council sustains or amends the violation it may revoke the license or impose such other penalty it deems as appropriate provided the penalty does not exceed the maximum permitted under state law. E. Multiple Violations: Each incident with respect to date,time, place, and persons involved, will be deemed a single violation for the purposes of imposing administrative penalties notwithstanding that an incident may involve more than one offense. The City Council may take multiple offenses into consideration when determining whether to deviate from the established penalties for any violation. F. Violations When Another is Pending: Any violation that occurs at a licensed premise while a prior violation is pending for those same premises will be treated as a separate violation and considered a subsequent violation for purposes of imposing an administrative penalty. G. Submission to Council in Lieu of Administrative Procedures: With the concurrence of the City Manager, or their designees, the Licensing Clerk, in lieu of accepting the administrative penalties provided for in Section §5.510,may submit any violation to the City Council for review and determination. The decision must take into consideration the number and seriousness of the offenses allegedly committed in a single incident. The decision to submit a violation to the Council must be included in the initial violation notice along with the date, time, and place the Council will consider the matter. XXXX: PENALTIES A. Penalty for Noncompliance: In addition to any criminal penalties which may be imposed by a court of law, the City Council may suspend a license for up to 60 days, may revoke a license and/or may impose a civil fine on a licensee not to exceed$2,000.00 for each violation on a finding that the license holder or its employee has failed to comply with a statute, rule or ordinance relating to alcoholic beverages, malt beverages, or wine. B. Minimum Penalty: The purpose of this section is to establish a standard by which the City Council determines the civil fine, the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this chapter. These penalties are presumed to be appropriate for every case; however, the council may deviate in an individual case where the council finds that there City Council Minutes Tuesday,November 13,2012 Page 10 of 11 exist certain extenuating or aggravating circumstances, making it more appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the state or city to prevent the sale of alcohol to minors or, in the converse, when a licensee has a history of repeated violations of state or local liquor laws. When deviating from these standards, the council will provide written findings that support the penalty selected. When a violation occurs, the staff shall provide information to the City Council to either assess the presumptive penalty or depart upward or downward based on extenuating or aggravating circumstances. The staff shall notify the licensee of the information being considered and acted upon by the City Council. C. Penalties: (1) Except as otherwise provided in this Chapter, the sale of alcoholic beverages to a person under the age of 21, the sale of alcoholic beverages to an obviously intoxicated person, or the failure of an on-sale licensee to take reasonable steps to prevent a person from leaving the licensed premises with an alcoholic beverage will subject the licensee to the following administrative penalties: ("Best Practices" applies only to license holders who are enrolled in the program at the time of the violations) FOR BEST PRACTICES LICENSE HOLDERS: Type of License 1"Violation 2"d Violation 3`d Violation 4th Violation On Sale Intox. $250 $500 and 3 day $1,000 and 5 day Revocation Liquor suspension suspension On/Off Sale Beer $250 $500 and 3 day $1,000 and 5 day Revocation suspension suspension Wine/beer $250 $500 and 3 day $1,000 and 5 day Revocation suspension suspension Club Liquor $250 $500 and 3 day $1,000 and 5 days Revocation suspension suspension FOR OTHER LICENSE HOLDERS: Type of License 15t Violation 2"d Violation 3`d Violation 4th Violation On Sale Intox. $500 $750 and 5 day $1,000 and 10 Revocation Liquor suspension day suspension On/Off Sale Beer $500 $750 and 5 day $1,000 and 10 Revocation suspension day suspension Wine/beer $500 $750 and 5 day $1,000 and 10 Revocation suspension day suspension Club Liquor $500 $750 and 5 day $1,000 and 10 Revocation suspension days suspension (2) Except as otherwise provided in this Chapter, the following violations will subject the licensee to the following administrative penalties: Type of 1"Violation 2"d Violation 3`d Violation 4th Violation Violation Refusal to allow $1,000 and 7 $2,000 and 14 Revocation N/A City inspectors days suspension days suspension City Council Minutes Tuesday,November 13,2012 Page 11 of 11 or police admission to premises After hours sale, $1,000 and 7 $2,000 and 14 Revocation N/A display or days suspension days suspension consumption of alcoholic beverages Illegal gambling $1,000 and 7 $2,000 and 14 Revocation N/A on premises days suspension days suspension Commission of a Revocation N/A N/A N/A felony related to licensed activity Sale of alcoholic Revocation N/A N/A N/A beverages while license is under suspension Sale of Revocation N/A N/A N/A intoxicating liquor with only 3.2 percent malt liquor license (3) Any prior violation that occurred more than 24 calendar months immediately preceding the most current violation will not be considered in determining successive violations. (4) The nature of the most current violation will determine the appropriate penalty as established by paragraphs (1) or(2) above,provided,however,that any and all violations occurring within 24 months immediately preceding the most current violation will be considered in determining successive violations. (5) Any licensee who fails to pay an administrative fine or adhere to a suspension, whether imposed by this Section or the City Council, within the allotted time period will be subject to an additional suspension of the license for a period of time as determined by the City Council,but not to exceed 60 consecutive days. Any licensee who fails to comply with a City Council imposed license suspension resulting from a prior non-compliance with the administrative penalties imposed by this Chapter is subject to license revocation. (6) Nothing in this Section will prohibit the City from seeking criminal prosecution of any alleged violation of this Chapter in addition to any administrative penalties provided for herein.