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Home My WebLink About11/12/2002 Council PacketAGENDA CITY OF LINO LAKES Tuesday November 12, 2002 Council Chambers 6:30 P.M. (Scheduled to be broadcast on Channel 16) Call to Order and Roll Call Pledge of Allegiance Setting the Agenda: Addition or deletion of agenda items 1 Consent Agenda — A) Consideration of Expenditures i) November 12, 2002 (Check No. 66639 through 66705 in the amount of $ 125,395.37). ii) Centennial Fire District (Check No. 13478 through 13512 in the amount of $69,955.51). iii) Consider Resolution No. 02 -167, Certifying Delinquent Utility Fees, Kelley Kimball (to follow on Friday, following work session discussion) 2. Open Mike 3. Finance Department Report, AI Rolek None. 4. Administration Department Report, Dan Tesch A) Consider Second Reading of Ordinance No. 13 -02, Amending the Liquor Code, Section 700, Ann Blair 5. Public Safety Department Report, Dave Pecchia None. 6. Public Services Department Report, Rick DeGardner A) Consideration of Resolution 02 -166, Accepting Donations For Family Turkey Shoot, Rick DeGardner 7 Community Development Department Report, Michael Grochala A) Consideration of Resolution No. 02 -153, Denying Variance, Brown, Tanda Gretz Page AGENDA 8. Unfinished Business A) Consider October 14, 2002 Council Minutes 9. New Business A) Consider October 23, 2002 Work Session Minutes 10. Community Calendar, through A) Planning & Zoning Board Meeting, Wednesday, November 13, 2002, 6:30 p.m. B) Special Council Work Session, Tuesday, November 19, 2002, 6:00 p.m. C) Council Work Session, Wednesday, November 20, 2002, 5:30 p.m. D) City Council Meeting, Monday, November 25, 2002, 6:30 p.m. 1 Adjourn Revised ajb 11/06/02 10:47 a.m. Page 2 EXPENDITURES NOVEMBER 12, 2002 Date: 10/31/2002 Time: 11:09:23 City of-Lino lakes Operator JAL Page: PM Entry - Invoice Journal Ranges Vendor 3: (A) invoice 8: (A) Entry Journal t: (R) 2754 2754 Trans 8: (A) Line 9: (A) Due Date: (A) Bank 1: (A) 3ptions: Datail Summary: S Invoice Status: A 8 of copies: 1 Sort: N Check Over Expend: N ✓endoz 8 Name Discount • of items Net Gross Discount Lost )00089 ACCENT HOMES 500.00 500.00 .00 .00 )00110 A T 4 T WIRELESS 42.41 642.41 00 00 100200 AMERICAN FAMILY LIFE ASSUR, INC. 176.20 171.20 00 00 100539 T3.R1iET 165.00 165.00 00 00 :00593 BLACKBIRD, JIM 1 223.95 223.95 00 00 00698 KEY LAND HOMES 1 500.00 500.00 00 00930 WILLIAM G. HAWKINS & ASSOCIATES 13,519.80 13,519.80 00 01001 PLYMOUTH, CITY OF 1` 21.00 21.00 00 00 01110 CIRCLE PINES, CITY OF j 1,335.58 1,335.58 00 01297 ARCH, SHARON X. 800.00 800.00 00 00 01298 DEGARDNER, RICK 27.74 27.74 00 00 D1311 MASTEC 369.69 369.69 00 00 )1312 METRON- FARNIER, LLC = 3,504.00 3,504.00 00 00 )1332 R & R CUSTOM HOMES, INC. 107.27 107.27 00 00 )1333 SCHIRO, STACEY 10.00 00 00 11336 STS CONSULTANTS, LTD 1 1,146.00 1,146.00 00 00 11339 VARIFLEX, INC. 19.00 19.00 00 00 1473 FAIRVIEW LAKES REGIONAL MEDICAL CENTER 116.00 116.00 00 00 11480 HAWKINS WATER TREATMENT GROUP, INC.': 5,222.35 5,222.35 00 1840 HILLESHEIM, TIM 1 323.86 323.86 00 00 2000 INTL UNION OF OPER ENOR 1 420.00 420.00 00 2154 KLUEGEL, PETER 1 152.92 152.92 00 00 Date: 10/31/2002 Time: 11:09:24 City of Lino Lakes FM Entry - Invoice Journal Vendor i 002310 LEAGUE OF MINNESOTA CITIES 003091 MINN NCPERS GROUP LIFE INSURANCE 003451 PERA /REGUL,AR 003492 PETTY CASH 004240 STREIC3;ER'S INC. 004350 T.K.D.A 900436 HOMES BY JAMES, INC. Grand Totals Operator: JAL 4agpr at items Net Gross 1 5,000.00 5,000.00 400.00 400.00 16,059.40 16,059.40 282.75 282.75 51.79 51.79 200.00 200.00 1,000.00 1,000.00 30 52,296.71 23,234.71 Discount 00 00 00 00 04 00 00 00 Discount Lost 00 00 00 Dates 11/06/2002 Time: 07:58:12 City of Lino Lakes Operator JAL Page FM Entry - Invoice Journal Ranges Options Vendor • Vendor is (A) Invoice 8: (A) Entry Journal 8: (R) 2757 2757 Trans is (A) Line 8: (A} Due Date: (A) Bank •: (A) Datan / Summary: 8 Sort: N Invoice Status: A i of copies: 1 Check Over Expend: N D00020 A i L SUPERIOR SOD CO, INC. 000100 AID ELECTRIC SERVICE, INC )00232 AMERICAN IRON & SUPPLY COMPANY, INC )00265 NASH SALES, INC. )00303 INSTRUMENTAL RESEARCH, INC. NORTHWESTERN POWER EQUIPMENT CO INC. ANOKA cowrrY G.I.S. DIVISION 100515 NORTH AMERICAN SALT COMPANY 100528 QWEST 100677 PHILIP'S TREE CARE 100720 BLAINE, CITY OF 00960 CAPITOL CITY WELDING, INC. 01100 CIRCLE PINES POST OFFICE 01195 JEANNE THORNE, INC. 01270 DiAIAO, INC 01292 DEW OIL COMPANY, INC. 01361 GLOBAL SPECIALTY CONSTRUCTION, INC. 01396 INSTITUTE FOR ENVIRONMENTAL ASSESSMENT, D1475 TASKS INTERNATIONAL )1520 FLANAGAN SALES, INC. )1563 FRED PRYOR SEMINARS HARDWOOD CREEK LUMBER, INC. Discount • oL lt;`'v Net Gross Discount Lost 1 365.30 365.30 .00 00 3. 651.60 651.60 00 00 153.60 153.60 00 00 1 100.00 100.00 00 .00 1 77.00 00 00 202.45 202.45 00 00 10.00 10.00 00 00 1 8,249.75 8,249.75 00 00 53.80 53.80 00 00 i 58.58 58.58 00 123.00 123.00 00 9.10. 9.10 00 1 444.93 444.93 .00 2 1,477.30 1,477.30 00 1 179.43 179.43 00 00 1 2,639.15 2,639.11 00 00 1 20,513.35 20,513.35 .00 665.00 665.00 00 00 1 195.00 195.00 00 00 1 157.09 157.09 00 00 179.00 179.00 00 00 l.` 72.79 72.79 00 00 Date: 11/06/2002 Tine: 07:58:13 City of Lino Lakes Operator JAL Page FM Entry - Invoice Journal: Discount Vendor 8 Name # Of items Net Grose Discount Lost 002340 IMAGE PRINTING & GRAPHICS 217.44 217.44 00 00 002540 ISDICA. 27,724.32 27,724.32 00 00 002550 MENARDS, INC. 96 360.96 00 00 )02890 MILLER, CHRIS 365.00 365.00 00 00 )02900 MN. DEPARTMENT OF SAFETY 1 15.50 15.50 00 00 )03090 NARDINI FIRE EQUIPMENT CO. INC. 1 90.78 90.78 00 60 )03390 OFFIC®4AX, INC 159.58 359.58 00 00 )03452 PERA /COUNCIL 226.38 226.38 00 00 104173 STATE OF MINNESOTA/BUILIME CODES & STAN 70.00 70.00 00 00 104251 SUBURBAN INSPECTIONS, INC _1 2,492.00 2,492.00 00 00 104469 TOUSLEY FORD, INC. 1. 79.19 79.19 00 104562 U.S. FILTER /NATERPRO, INC, �; 4,432.37 4,432.37 00 104575 UPS /UNITED PARCEL SERVICE -1 10.00 10.00 00 00477 PARTS ASSOCIATES, INC. PAI I 31.92 31.92 00 00556 MINNESOTA SPORTS TURF MANAGERS ASSO 50.00 50.00 00 (band Totals 47 73,098.66 73,098.66 00 00* Dots: 11/06/2002 Time: 08:01:42 Ranges )pt ions PM Entry Fund: (A) Dept Id: (A) Program: (A) Vendor 8: (A) Invoice 8: (A) Schedule Journal 8: (R) Bank 8: (A) Cash 8: (A) Payroll Check Date*: (A) Print: D Report Format: 1 8 of copies: 1 Total By Account: Y Deck 8 Vendor Alpha )tams 66640 66641 66649 66650 66651 66654 0 66656 0 0 66657 66660 66661 66667 Page City of Lino Ickes Invoice Payment - Approval of Bills 2756 2764 Sort: D Print Ranges /Options: Y Process Payroll: N Page on Sort: N Description Dept ACCENTS AMERICAN FAMILY LIFE A HOMES BY JAMES, INC. INTL UNION OF OPER ENG KEY LAND HOMES MASTEC MEDICO MINN NCPERE GROUP LIFE MN. DEPARTMENT OF SAFE MA/COUNCIL PIRA /REGULAR R & R CUSTOM HOMES, IN SCHIRO, STACEY WILLIAM G. HAIIXINS & k REIMS BLDG ESCROW /665 AR PAYROLL WITHNGLDING REIMS BLDG ESCROW /1082 8 PAYROLL WITHHOLDING REIMS BLDG ESCROW /508 NO REIMBURSE HYDRANT METER HEALTH INSURANCE PAYROLL WITHHOLDING LICENSE TABS PAYROLL WITHHOLDING PAYROLL WITHHOLDING REINS BLDG ESCROW /6447 N REIMBURSE PROGRAM REC CRIMINAL /MUNICIPAL ATTOR Total for Dept •• BLAINE, CITY OF PROGRAM REC IMAGE PRINTING & GRAPH PRINTING TARGET GIFT CERTIFICATES Total for Dept 205 66642 ARCH, SHARON ARCH, SHARON OFFICIMAX, INC 66639 A T & T WIRELE88 0 JEANNE THORNE, INC 0 MEDICa WEB PAGE PROJECT Total for Dept 207 WEB PAGE PROJECT Total for Dept 208 OFFICE SUPPLIES Total for Dept 401 SPECIAL SPECIAL SPECIAL YOUTH IN YOUTH SP MONTHLY SERVICE /SEPTEMBE ADMINIST RECEPTIONIST ADMINIST HEALTH INSURANCE ADMINIST Total for Dept 402 66639 A T & T WIRELESS MONTHLY SERVICE /SEPTEMBE SEXTONS Amount 500.00 176.20 1,000.00 420,00 500.00 369.69 8,551.49 400.00 15.50 226.38 16,059.40 107.27 10.00 165.00 28,500.93• 123.00 160.68 165.00 448.68' 400.00 400.00• 400.00 400.00• 62.49 62.49• 27.33 1,477.30 1,189.09 2,693.72• 42.58 Date: 11/06/2002 Time: 08:01:42 'Operator JAL Page City of Lino Lakes FM Entry invoice Payment - Approval of Bills Check 0 Vendor Alpha Name Description Total for Dept 406 O MNDICA EXALTS INSURANCE Total for Dept 407 FINANCE 16667 WILLIAM G. HANKINS & A CRIMINAL /MUNICIPAL ATTOR LEGAL CO Total for Dept 414 66639 A T & T WIRELESS MONTHLY SERVICE /SEPTEMBE ECONOMIC O MICA HEALTH INSURANCE ECONOMIC Total for Dept 415 O ANOKA COUNTY G.I.S. DI MAP O MEDICA HEALTH INSURANCE Total for Dept 416 66646 0 0 0 66658 66659 66662 MEDICS, HEALTH INSURANCE Total for Dept 418 FAIRVIEW LARYS REGION& FRED PRYOR SEMINARS MSDICA OFFICEMAX, INC. PETTY CASH PLYMOUTH, CITY OF BTREICZ3ER'S, INC. TASER INTERNATIONAL UPS /UNITED PARCEL SERV PLANNING PLANNING DRUG SCREEN POLICE REGISTRATION /RENEE X POLICE HEALTH INSURANCE POLICE OFTICE SUPPLIES POLICE MEALS /SUPPLIES /FUEL/POST POLICE REGISTRATION /RENEE K POLICE POLICE POLICE POLICE UNIFOR I SUPPLIES COURSE /KYLE L DELIVERY Total for Dept 420 NEDICA HEALTH INSURANCE Total for Dept 421 O IMAGE PRINTING & GRAPE PRINTING BUILDING 66652 KLUEOEL, PETER REIMBURSE UNIFORM ALLOWA BUILDING O MEDICS, HEALTH INSURANCE BUILDING O STATE OF MIIBNESOTA /BUI REGISTRATION /VERN R BUILDING O SUBURBAN INSPECTIONS, ELECTRICAL INSPECTIONS BUILDING Total for Dept 422 O A & L SUPERIOR SOD CO, SOD 66639 A T & T WIRELESS MONTHLY SERVICE /8EPT8MBE 66643 BLACKBIRD, JIM REIMBURSE CLOTHING ALLOW O HARDWOOD CRS LUMBER, STAIRS O MILLER, CHRIS UNIFORM ALLONANCE O NORTR AMERICAN SALT CO COARSE HIGHWAY SALT Total for Dept 430 O CAPITOL CITY WELDING, DEMURRAGE O DEM OIL COMPANY, ENC. GASOHOL STREETS STREET'' STREETS STREETS STREETS STREETS FLEET FLEET Amount 588.49 588.49• 13,321.80 13,321.80' 43.48 300.30 343.78• 10.00 600.60 610.60• 588.49 588.49• 116.00 179.00 6,759.11 93.69 255.46 21.00 51.79 195.00 10.00 7,681.05• 1,724.29 1,724.29' 56.76 152.92 2,023.70 70.00 2,492.00 4,795.38' 365.30 35.67 223.95 72.79 365.00 8,249.75 9,312.46• 5.10 2,639.15 Date, 11/06/2002 Time: 08:01:42 Operator: JAL >age City of Lino Lakes FM Entry Invoice Payment - Approval of Bills Check f Vendor Alpha Name Description MEDICA HEALTH INSURANCE O PARTS ASSOCIATES, INC. PARTS 6.6658 PETTY CASH MEALS /SUPPLIES /FUEL /POST TOUSLEY FORD, INC. SENSOR ASSEMBLY Total for Dept 431 O AID ELECTRIC SERVICE, WIRE ROTARY LIFT 1644 CIRCLE PINES, CITY OF MONTHLY SERVICE /SEPTEMBE O DALCO, INC. JANITORIAL SUPPLIES O INSTITUTE FOR ENVIROtM MOLD CLEANUP O W®ICA HEALTH INSURANCE O DIEHARDS, INC. TUBING /1TYE /BASIN /ORATE O NARDINI FIRE EQUIPMENT INSPECTION/CHARGE SYSTEM O OFFICEMAK, INC. OFFICE SUPPLIES Total for Dept 432 66639 66644 66645 0 0 0 0 0 66639 0 66666 A T 6 T WIRELESS CIRCLE PINES, CITY OF DSICGARDNER, RICK FL.ANAGAN SALES, INC. MEDICA MINNESOTA SPORTS TURF PHILIP'S TREE CARE QNEST A T 6 T WIRELESS MEDIC91 VARIFI.EZ, INC. MONTHLY SERVICE /88PTENEE MONTHLY SERVICE /SEPTSl038 MILEAGE TOT SEAT HEALTH INSURANCE WORKSHOP /MIKE 6 STEVE NEED CONTROL MONTHLY SERVICE /OCTOBER Total for Dept 450 Dept FLEET FLEET FLEET FLEET Amount 1,489.39 31.92 27.29 79.19 4,272.04• GOVERNNA 651.60 OOVERNME 1,310.06 GOVBRNNOI 179.43 OOVERNME 665.00 OOVERIMB 588.49 =V ENNE 112.52 comma 90.78 OOVERNI93 203.40 3,801.28* PARKS 237.58 PARKS 25.52 PARKS 27.74 PARKS 157.09 PARKS 1,387.09 PARRS 50.00 PARKS 58.58 PARKS 53..80 1,997.40* MONTHLY SERVICE /SEPTEMBE RECREATI HEALTH INSURANCE RECREATI REPAIR QUIK SHADES RECREATI Total for Dept 451 66639 A T & T WIRELESS MONTHLY SERVICE /8EPTEMBE ENVIRONK 0 IEDICA HEALTH INSURANCE ENVIROIM Total for Dept 461 AMERICAN IRON 6 SUPPLY RECYCLE DAY O MIDICA HEALTH INSURANCE NASH SALES, INC. RECYCLE DAY Total for Dept 462 66639 66668 M 66647 66648 0 0 66655 M=DICA HEALTH INSURANCE Total for Dept 463 A T 6 T WIRELESS CIRCLE PINES POST OFFI HAWKINS WATER TREATMEN HILLESHEIM, TIM INSTRUMENTAL RESEARCH, MEDICA METRON- FARNIER, LLC MONTHLY SERVICE /SEPTEMBE UTILITY POSTAGE CHEMICALS REIMBURSE UNIFORM ALLOWA WATER SAMPLES HEALTH INSURANCE INTERCONNECT METER 68.10 418.00 19.00 505.10* 27.33 264.82 292.15* SOLID WA 153.60 SOLID MA 58.85 SOLID WA 100.00 312.45• FORESTRY 264.82 264.82 WATER 160.34 WATER 222.46 WATER 5,222.35 MATER 161.93 WATER 77.00 WATER 463.65 WATER 3,504.00 Date: 11/06/2002 Time: 08:01:42 Operator JAL Page: City of Lino Lakes FM Entry - Invoice Payment - Approval of Bills Check i Vender Alpha dome Description Dept Amount 0 NORTHWESTERN POWER EQU VALVE WATER 202.45 0 U.S. FILTER /WATBRPRO, WIRE WATER 4,432.37 Total for Dept 494 14,446.55• 66668 M CIRCLE PINES POST OFFI UTILITY POSTAGE SEWER 222.47 66648 HILLRIM, TIM REIMBURSE UNIFORM ALLOWA SEWER 161.93' 0 MEDICA HEALTH INSURANCE SEWER 463.65 Total for Dept 495 848.05* 0 GLOBAL SPECIALTY CONST CONTRACTOR /BIRCH PARK TR OTHER 20,513.35 66653 LEAGUE OF MINNESOTA CI STORMWATER GUIDE PLAN OTHER 5,000.00 0 MENARDS, INC. TUBING /WYE /BASIN /GRAYS OTHER 248.44 66663 STS CONSULTANTS, LTD CONSTRUCTION TESTING OTHER 1,146.00 66664 T.K.D.A. WELL 04 BOOSTER PUMP OTHER 200.00 66667 WILLIAM G. HAWKINS & A CRIMINAL /MUNICIPAL ATTOR OTHER 33.00 Total for Dept 499 27,140.79* Grand Total 125,395.37* Centennial Fire District Check Register 11/6/2002 The disbursements listed below are submitted by the Centennial Fire District for your approval: DATE CHECK# NAME 11/5/2002 13478 11/5/2002 13479 11/5/2002 13480 11/5/2002 13481 11/5/2002 13482 11/5/2002 13483 11/5/2002 13484 11/5/2002 13485 11/5/2002 13486 11/5/2002 13487 11/5/2002 13488 11/5/2002 13489 11/5/2002 13490 11/5/2002 13491 11/5/2002 13492 11/5/2002 13493 11/5!2002 13494 11/5/2002 13495 11/5/2002 13496 11/5/2002 13497 11/5/2002 13498 11/5/2002 13499 11/5/2002 13500 11/5/2002 13501 11/5/2002 13502 11/5/2002 13503 11/5/2002 13504 11/5/2002 13505 11/5/2002 13506 11/5/2002 13507 11/5/2002 13508 11/5/2002 13509 11/5/2002 13510 11/5/2002 13511 11/5/2002 13512 Amoco Oil Company Anoka County Fire Protection Council Aspen Mills Centennial Utilities Citgo Petroleum Corportation City of Lino Lakes Connexus Energy Ed M. Feld Equipment Company, Inc. Emergency Apparatus Maintenance Erickson Storage Frattallone's Hardware Geographic Information Systems Grainger Hugo Feed MW & Elevator Image Printing & Graphics Janet Haapoja Lino Lakes Cabinets McLeod USA Metro Fire Metrocaf Michael Mench Municipal Emergency Services, Inc. National Assoc. for Search and Rescue Orkin Exterminating Red Rooster Auto Stores Reliant Energy Minnegasco The Cad Zone Verizon Wtreiess Viking Office Products Visionary Systems, Ltd. Milo Bennett Emergency Apparatus Maintenance City of Lino Lakes Dean's Landscaping Stock Building Supply ACCOUNT 42100 - Fuel and Lube 42280 - Miscellaneous Expense 42120 - Uniform Expense 42251 - Station 1 - Gas 42100 - Fuel and Lube 41000 - Payroll Expenses 42252 - Station 1 - Electric 42110 - Other Maintenance 42000 - Vehicle Maintenance 42280 - Miscellaneous Expense 42110 - Other Maintenance 42180 - Office Supplies 42130 - Equipment Expense 42110 - Other Maintenance 42190 - Fire Prevention Supplies 42190 - Fire Prevention Supplies 42180 - Office Supplies 42240 - Telephone Expense 42130 - Equipment Expense 42240 - Telephone Expense 42110 - Other Maintenance 42130 - Equipment Expense 42200 - Dues and Memberships 42110 - Other Maintenance 42110 - Other Maintenance 42253 - Station 2 - Gas 42180 - Office Supplies 42240 - Telephone Expense 42180 - Office Supplies 42110 - Other Maintenance 42220 - Travel, Conference, School 42130 - Equipment Expense 45010 - Safety Camp Expense 45510 - Garage Expense 45510 - Garage Expense Total AMOUNT 557.31 43.00 72.00 51.39 6721 53,768.16 20520 36.00 2,233.69 1,980.00 190.33 854.91 192.61 54.96 95.85 6.97 230.00 357.15 511.56 70.47 3.05 190.00 49.00 51.12 20.43 166.86 309.00 167.06 26128 700.00 518.12 5,379.84 58.20 375.00 127.78 S69,955.51 Agenda Item — 4B Staff Originator: Ann J. Blair, City Clerk Date: November 12, 2002 T_ opic: Second Reading: Ordinance No. 13 -02 Amending the City Code, Section 700, the Liquor Code Votes Required: Background Simple Majority (3/5) The Council has discussed making changes to the Liquor Code during work sessions and reviewed draft documents outlining the proposed changes. On October 28, 2002 the City Council conducted the public hearing for Ordinance No. 13 -02 and approved first reading. Attached is a copy of Ordinance No. 13-02. Among the substantive changes to the current Code which are incorporated are: 1) allowing on -sale liquor establishments to begin serving alcohol at 10 a.m. on Sundays; and 2) providing additional grounds for Revocation, Denial or Suspension of Licenses. Some additional language changes represent clean -up items. Options Motion to Approve 2 Motion to Deny Recommendation Option CITY OF LINO LAKES ORDINANCE NO. 13-02 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE, SECTION 700, LIQUOR AND BEER, MAKING LANGUAGE CHANGES, AND ALSO AMENDING CONDITIONS OF REVOCATION, DENIAL, AND SUSPENSION OF LICENSES, AND ALLOWING ON -SALE LIQUOR BEGINNING AT 10 A.M. ON SUNDAYS The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain - The City Code of the City of Lino Lakes, Section 700, Liquor and Beer, is amended as follows. 700 Liquor and Beer 701 Liquor Licensing 701.01 Subdivision 1. Provisions of State Law Adopted. The provisions of Minnesota Statutes, Chapter 340, with reference to definitions of terms, applications for license, granting of license, conditions of license, restriction on consumption, provision of sales, conditions of bonds of license, hours of sales, and all other matters pertaining to the retail sale, distribution and consumption of intoxicating liquor, are hereby adopted and made a part of this chapter as if fully set out herein. Subdivision 2. City May be More Restrictive Than State Law. The Council is authorized by the provisions of M.S.A. § 340A.509, as it may be amended from time to time, to impose, and has imposed in this Chapter, additional restrictions on the sale and possession of alcoholic beverages within its limits beyond those contained in M.S.A. Chapter 340A, as it may be amended from time to time. Amended by Ordinance No. 13-02, 1W28/02 701.02 License Required. Subdivision 1. General Requirements. No person, except a wholesaler or manufacturer, to the extent authorized under state license, shall directly or indirectly deal in, sell or keep for sale in the city any intoxicating liquor without first obtaining a license to do so as provided in this chapter. Liquor licenses shall be of six kinds: (1) On -Sale; (2) On -Sale Wine; 1 (3) Off-Sale; (4) Club License; (5) Sunday On -Sale; and 6) Temporary Set -Up License. Amended by Ordinance 3 -83, passed 7/11/83. Subd. 2. On -Sale License. On -Sale licenses shall be issued only to hotels, clubs, restaurants and exclusive liquor stores and shall permit on -sale of liquor only. Subd. 3. On -Sale Wine License. On -Sale Wine License shall be issued only to restaurants meeting the qualifications of Minnesota Statutes, Section 340.11, Subd. 20, and shall permit only the sale of wine not exceeding 14% alcohol by volume for consumption on the licensed premises only in conjunction with the sale of food. Subd. 4. Off -Sale License. Off -Sale licenses shall be issued only to exclusive liquor stores and shall permit off-sale of liquor only. Subd. 5. Club License. Club licenses shall be issued only to incorporated clubs which have been in existence for fifteen years or more, or to congressionally chartered veterans' organizations which have been in existence for ten years, and shall permit on -sale of liquor to members and bona fide guests only. Subd. 6. Sunday On -Sale License. Sunday On -Sale licenses may be issued to any hotel, restaurant, or club which has facilities for serving at least thirty guests at one time and which has an on -sale license and shall permit on -sale of liquor on Sunday in conjunction with the serving of meals. Subd. 7. Combination License. A combination On -Sale and Off -Sale License shall be issued only to an exclusive liquor store. Subd. 8. Temporary Set Up License. A one -day intoxicating liquor consumption and display permit may be issued to any non -profit organization in connection with a social activity occurring within the city and sponsored by the organization. No more than ten such licenses shall be issued in the city in any year. The fee for such license shall be $25.00. A permit shall allow consumption or display of intoxicating liquor and the serving of liquids for the purpose of mixing with intoxicating liquor, but shall not allow the sale of intoxicating liquor. This permit shall be valid only for the day indicated on it. No permit issued pursuant to this subdivision shall be valid unless first approved by the Commissioner of Public Safety. Amended by Ordinance No. 3 -83, passed 7/11/83. 2 Subdivision 9. Licenses Reserved. Of the number of on -sale liquor licenses that the City is allowed to issue under Minnesota Statute 340A.413, three licenses shall be reserved for the following uses in the specified locations only two shall be issued only to restaurants or hotels with restaurants in the Town Center area at Lake Drive and I -35W; one shall be issued only to a restaurant or a hotel with a restaurant in the I -35E and Main Street business area. These areas are shown on the map in Section 701.11. These restaurants shall have facilities to serve meals at tables to the general public and have seating capacity to serve a minimum of 50 guests at one time, and at least 50% of gross revenue shall be from the serving of food and non - alcoholic beverages. The City may require a statement signed by an independent certified public accountant attesting that the establishment meets this revenue requirement. Amended by Ordinance No. 13 -99, passed 6/14/99 701.03 Application for License. Subdivision 1. Forms. Every application for a license to sell liquor shall state the full first, middle and last name, date of birth, representations as to the applicant's character, with such references as the council may require, citizenship, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is the owner and operator of the business, how long the applicant has been in business at that location and such other information as the council may require from time to time. In addition to containing such information, the application shall be on the form prescribed by the Commissioner of Public Safety and shall be verified and filed with the city clerk. No person shall make a false statement in an application. Sale and consumption of intoxicating liquors on premises with an on -sale license is limited to within the building at the address designated on the license unless the license specifically grants permission for sale and consumption outside of the building. Any area outside of the building where liquor will be served, such as a patio, garden or sidewalk area, must be described on the license, must be contiguous to the building, and must be covered by liability insurance. Any such outdoor serving area shall require a conditional use permit Ordinance No 3 -99, passed 6/14/99 Subd. 2. Liability Insurance. Prior to the issuance of a liquor license, or a wine license, the applicant shall file with the city clerk a liability insurance policy in the minimum amount of One Hundred Thousand ($100,000.00) Dollars coverage for one person, and Three Hundred Thousand ($300,000.00) Dollars coverage for more than one person, which shall comply with provisions of Minnesota Statute Section 340.12 relating to the liability insurance policies. If a liability insurance policy is made subject to all the conditions of a bond under that Statute, the policy may be accepted by the council in lieu of the bond required under Subd. 2. Such liability insurance policies shall further provide that no cancellation of the same for any cause can be made either by the insured or the insurance 3 company without first giving ten days notice to the city in writing. The operation of a licensed premises without having on file at all times with the city the required liability insurance policy shall be grounds for immediate revocation of license. Amended by Ordinance No. 08 -91, passed 5/28/91 701.04 License Fees. Subdivision 1. Amounts. The annual fee for liquor licenses shall be as stated in the annual fee schedule adopted by the City Council. Ordinance No. 13 -99, passed 6/14/99 Amended by Ordinance No. 13-02, 10/28/02 Subd. 2. Payment Each application for a liquor license shall be accompanied by a receipt from the city clerk for payment in full of the license fee and the fixed investigation fee required under 701.05, Subd. 1. All fees shall be paid into the general fund. If an application for a license is rejected, the city clerk shall refund the amount paid as the license fee. Amended by Ordinance No. 13-02, 10/28/02 Subd. 3. Term, Pro -Rata Fee. Each license shall be issued for a period of one year, except, that if the application is made during the license year, a license may be issued for the remainder of the year for a pro -rata fee with any unexpired fraction of a month being counted as one month. Every license shall expire on the last day of June. Subd. 4. Refunds. No refund of any fee shall be made except as authorized by state statute. 701.05 Granting of License Subdivision 1. Preliminary Investigation. On an initial application for an On -Sale License, and on application for transfer of an existing On -Sale License, the applicant shall pay, with his application, an investigation fee as established by the City Council in the annual fee schedule. The city shall conduct a preliminary background and financial investigation of the applicant The application, in such case, shall be made on a form prescribed by the Bureau of Criminal Apprehension and with such additional information as the council may require. If the council deems it in the public interest to have an investigation made on a particular application for a renewal of an On -Sale License, it shall so determine. In any case, if the council determines that a comprehensive background and financial investigation of the applicant is necessary, it may conduct the investigation itself through the Public Safety Director or contract with the Bureau of Criminal Investigation for the investigation. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the council that the issuance would not be in the public 4 interest and safety. If an investigation outside the state is required, the applicant shall be charged the cost not to exceed Ten Thousand (S10,000.00) Dollars. It shall be paid by the applicant after deducting any initial investigation fee already paid. The fees required under this section shall be payable by the applicant whether or not the license is granted. Ordinance No. 13 -99, passed 6/14/99 Subdivision 1.a. Inspection of Premises. The applicant shall at all times permit the health officers and representatives of the police and fire departments to inspect and examine the place of business described in the application, together with all appliances, instruments or equipment used or to be used in the conduct of the business for which the license is sought, and any refusal on the part of the applicant to permit such inspection or any false statement in the application shall be sufficient ground for the refusal to issue such license or to revoke the same after issuance thereof. Ordinance No. 13 -99, passed 6/14/99 Subd 2. Hearing and Issuance. The council shall investigate all facts set out in the application and not gated investigated in the preliminary background and financial investigation conducted pursuant to Subd. 1. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the council shall, in its discretion, grant or refuse the application. No On -Sale, On -Sale Wine License, Off -Sale License, or Club License shall become effective until it, together with the security furnished by the applicant has been approved by the Commissioner of Public Safety. Subd. 3. Transfers. Each license shall be issued only to the applicant and for the premises described in the application. No license shall be transferred to another person or place without council approval. The transfer of any stock of a corporate licensee shall be deemed a transfer of the license, and any transfer of any stock without prior council approval shall render the license void. Subd. 4. Corporate License. Licenses may be issued to a partnership or a corporation. Amended by Ordinance No. 13 -99, passed 6/14/99 701.06 Persons Ineligible for License. No license shall be granted to any person made ineligible for such license by state law. No more than one intoxicating liquor license shall be directly or indirectly issued within the city to any one person. Amended by Ordinance No. 13 -99, passed 6/14/99 5 701.07 Places Ineligible for License. Subdivision 1. General. No license shall be issued for any place of any business ineligible for such a license under state law. Subd. 2. Delinquent Taxes and Charges. No license shall be granted for operation on any premises for which taxes, assessments or other financial claims of the city are delinquent and unpaid. Subd. 3. Distance From School or Church. No license shall be granted within 1,000 feet of any school or within 1,000 feet of any church. The distance shall be measured from the main entrance of the school or church to the main entrance of the applicant's place of business. For the purposes of the separation restriction in this subdivision, a school is a building that is principally used as a place where twenty -five (25) or more persons receive a full course of educational instruction and the educational instruction is provided on a daily basis by an established school board or church. This doe not include any post - secondary or post -high school educational building, including any college or any vocational- technical college. Nor does the separation apply to a daycare or early childhood facility, where children typically are under constant supervision while at the facility and when traveling to and from the facility. The establishment of a school or church within the separation distance after an original liquor license application has been granted shall not, in and of itself, render such premises ineligible for renewal of the license. Amended by Ordinance No. 13 -99, passed 6/14/99 701.08 Conditions of the License. Subdivision 1. General. Every license is subject to the conditions in the following subdivisions and all other provisions of this chapter, and of any other applicable ordinance, state law, or regulation. Subd. 2. Licensee Responsibility. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by ordinance, statute, or regulation equally with the employee. Subd. 3. Inspections. Every licensee shall allow any peace officer, health officer or properly designated officer or employee of the city to enter, inspect, and search the licensed premises during business hours without a warrant. Subd. 4. Display Hours. No On -Sale establishment shall display liquor to the public during hours when the sale of liquor is prohibited. Subd. 5. Federal Stamps. No Licensee shall possess a federal wholesale liquor dealers special tax stamp or a federal gambling stamp. 701.09 Restrictions on Purchase and Consumption. Subdivision 1. Liquor in Unlicensed Places. No person shall mix or prepare liquor for consumption in any public place or place of business unless it has a license to sell liquor On -Sale or a permit from the Commissioner of Public Safety under Minnesota State Statute, Section 340.119. No person shall consume liquor in any such place, unless licensed or permitted. Subs/ 2. Consumption in Public Places. No person shall consume intoxicating liquor on a public highway or in a public park or other public place. Subd. 3. Hours. No on -sale or off-sale of liquor shall be made, nor any licensed premises be occupied, after 1:00 a.m. on Sunday nor until 8:00 a.m. on Monday, except that a holder of a Sunday On -Sale license may sell liquor between 10 a.m. on Sunday and 1:00 a.m on Mondays. No on -sale shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any weekday. No on -sale shall be made after 8:00 p.m. on December 24. No off-sale shall be made before 8:00 a.m. or after 10:00 p.m. of any day except that no off-sale shall be made on December 24 after 8:00 p.m. No off -sale shall be made on New Year's Day, January 1; Independence Day, July 4; Thanksgiving Day; or Christmas Day, December 25. Amended by Ordinance No. 13-83, 12!27/83 Amended by Ordinance No. 1 -89, 12./11/89. Amended by Ordinance No. 13-02, 10/28/02 Subd. 4. Vacation of Premises. No licensee shall permit any person other than his employees to remain on the licensed premises more than thirty minutes after the time during which sales of liquor may legally be made. No person other than the licensee or his employees shall remain on the licensed premises more than thirty minutes after the time during which sales of liquor may legally be made. The presence of any person other than the licensee or his employees within, entering or leaving the premises more than thirty minutes after the time during which liquor may legally be sold shall be prima facie evidence of violation of this subdivision. For purposes of this subdivision, "premises" shall mean any portion of the address or legal description to which the license is issued, including, but not limited to, the entire land area of the parcel, the interior or exterior of buildings or portions of buildings thereon, any entrance ways into such buildings, any sidewalk, parking lots, whether paved or not, and any adjoining unimproved land areas in such parcels. 701.10 Revocation, Denial or Suspension. Subdivision 1. General. A license issued or to be issued by the City may be denied, suspended, or revoked by the City Council for any of the following causes: (a) Fraud, misrepresentation, or incorrect statement contained in the application for license, or made in carrying on the licenses activity. (b) Conviction of any crime, or misdemeanor, pertaining to license held or applied for, subject to the provisions of Minnesota Statutes, Chapter 364, as amended. (c) Conducting such licensed activity in such a manner as to constitute a breach of the peace, or a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the City, upon recommendation of the City health authorities or other appropriate City official. (d) Expiration or cancellation of any required bond or insurance, or failure to notify the City within a reasonable time of changes in the terms of the insurance or the carriers. (e) Actions unauthorized or beyond the scope of the license granted. (f) Violation of any regulation or provision of this Code applicable to the activity for which the license has been granted, or any regulation or law of the State so applicable. (g) Failure to continuously comply with all conditions as required as precedent to the approval of the license. Amended by Ordinance No. 13-02, 10/28/02 Subd. 2. Notice. Except in the case of a suspension pending a hearing on revocation, ten days written notice of suspension or revocation shall be given to the licensee. Said notice shall contain the date, time, and place of the hearing as well as the nature of the charges against the license. Subd. 3. Suspension Pending a Hearing. The council may for cause, when in its judgment the public health, safety and welfare is endangered, and without advance notice, temporarily suspend any license pending a hearing on revocation for a period not to exceed thirty days. Amended by Ordinance No. 13-02, 10/28/02 8 702. Beer Licensing 702.01 Definitions. Subdivision 1. Beer. As used in this chapter, "beer" or "non - intoxicating malt liquor" means any malt beverage with an alcoholic content of more than one -half of one percent by volume and not more than three and two-tenths percent by weight. Subd. 2. Beer Store. "Beer store" means an establishment for the sale of beer, cigars, cigarettes, all forms of tobacco, beverages and soft drinks at retail. 702.02 License Required Subdivision 1. Licenses. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer within the city without first having received a license as hereinafter provided Licenses shall be of three kinds: (1 Regular "on- sale "; (2) Temporary "on- sale "; (3) "Off-sale." Subd. 2. Regular on -sale. Regular "on -sale" licenses shall be granted only to bona fide clubs, beer stores, exclusive "on- sale" liquor stores, restaurants and hotels where food is prepared and served for consumption on the premises. "On -sale" licenses shall permit the sale of beer for consumption on the premises only. Subd. 3. Temporary "on- sale ". Temporary "on -sale" licenses shall be granted only to bona fide clubs and charitable, religious, and non -profit organizations for the sale of beer for consumption on the premises only. Subd. 4. Off -sale. "Off-sale" licenses shall permit the sale of beer at retail, in the original package for consumption off the premises only. 702.03 Applications Every application for a license to sell beer shall be on a form supplied by the city, and shall state full first, middle and last name, date of birth, representations as to his character, with such references as the council may require, his citizenship, the type of license applied for, any business in connection with which the proposed license will operate, the location proposed for the licensed premises, whether the applicant is the owner and operator of the business, how long he has been in business at that location, and such other information as the council may require. Each application shall be verified, and filed with the city clerk. No person shall make false statement in an application. 9 Amended by Ordinance No. 13 -02, 10/28/02 702.04 License Fees. Subdivision 1. Payment Required. Each application for a license shall be accompanied by a receipt from the city clerk for payment in full of the required fee for the license. All fees shall be paid into the general fund of the city. Upon rejection of any application for a license, the city clerk shall refund the amount paid. Amended by Ordinance No. 13-02, 10/28/02 Subd. 2. Expiration; Pro Rata Fees. Every license except a temporary license shall expire on the last day of June in each year. Each license except a temporary license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the license is granted, the license shall be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. A temporary license shall be issued for a specific period in which a special event to which the sale is incident is being held and such period shall be stated on the li cense. Subd. 3. Fees. The annual fee for beer licenses shall be as stated in the annual fee schedule adopted by the City Council. Amended by Ordinance No. 13-02, 10/28/02 by state statute. Subd_ 4. Refunds. No refund of any fee shall be made except as authorized 702.05 Granting of License. Subdivision 1. Investigation and Hearing. The council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing, the council shall grant or refuse the application in its discretion. Subd. 2. Transfers. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the council. 10 702.06 Persons Ineligible for License. No license shall be granted to or held by any person who: Is under 21 years of age; Ordinance No. 13 -99, passed 6/14/99 (2) Has within five years prior to the application for such license, been convicted of a felony, or of violating any law of this state or local ordinance relating to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquors, and cannot show competent evidence under Minnesota Statutes Section 364.03 of sufficient rehabilitation and present fitness to perform the duties of a beer licensee; (3) Is a manufacturer of beer or is interested in the control of any place where beer is manufactured; (4) Is an alien or a non - resident of the state; Is not of good moral character, Is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him a local license to sell intoxicating liquor at such place; Is not the proprietor of the establishment for which the license is issued. 702.07 Places Ineligible for License. Subdivision 1. Conviction or Revocation. No license shall be granted for sale on any premises where a licensee has been convicted of the violation of this chapter, or of the state beer or liquor law, or where any license hereunder has been revoked for cause until one year has elapsed after such conviction or revocation. Subd. 2. Amusement Places. No license shall be granted for any theater, recreation hall or center, or licensed dance hall. Subd. 3. Delinquent Taxes and Charges. No license shall be granted for any premises for which taxes, assessments, or other financial claims of the city are unpaid. 11 702.08 Conditions of License. Subdivision 1. General Conditions. Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this chapter and of any other applicable ordinance of the city or state law. Subd. 2. Sales to Minors or Intoxicated Persons. No beer shall be sold or served to any intoxicated person or to any person under 21 years of age. Ordinance No. 13 -99, passed 6/14/99. Subd. 3. Consumption by Minors. No person under the age of 21 shall be permitted to consume beer on the licensed premises. Amended by Ordinance No. 13-02, 1W28/02 Subd. 4. Employment of Minors. No minor under 18 shall be employed on the premises of a beer store. Amended by Ordinance No. 13-02, 10/28/02 Subd. 5. Gambling. No gambling or any gambling device shall be permitted on any licensed premises. Subd. 6. Interest of Manufacturers or Wholesalers. No manufacturer or wholesaler of beer shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of Minnesota Statutes Section 340.031. No retail licensee and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law flout a manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. Subd. 7. Liquor Dealer's Stamp. No licensee shall sell beer while holding or exhibiting in the licensed premises a federal retail liquor dealer's special tax stamp unless he is licensed under the laws of Minnesota to sell intoxicating liquors. Subd. 8. Sales of Intoxicating Liquor. No licensee who is not also licensed to sell intoxicating liquor and who does not hold a consumption and display permit shall sell or permit the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this chapter. 12 Subd. 9. Inspections. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the city to enter, inspect, and search the licensed premises during business hours without a warrant. Subd. 10. Licensee Responsibility. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to sell beer there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by ordinance, statute, or regulation equally with the employee. Subd. 11. Banquet Rooms. A regular "on -sale" license shall entitle the holder to serve beer in a separate room of the licensed premises for banquets or dinners at which are present not fewer than six persons. 702.09 Closing Hours. No sale of beer shall be made, nor shall any licensed premises be occupied, on any Sunday between the hours of 1:00 A.M. and 12:00 Noon, nor between the hours of 1:00 A.M. and 8:00 P.M. on the day of any state wide election. No sale shall be made between the hours of 1:00 A.M. and 8:00 A.M. on any other day. 702.10 Clubs. No club shall sell beer except to members and to guests in the company of members. 702.1 Restrictions on Purchase and Consumption. Subdivision 1. Age Misrepresentation. No minor shall misrepresent his age for the purpose of obtaining beer. Subd. 2. Inducing Purchase. No person shall induce a minor to purchase or procure beer. Subd. 3. Procurement, No person other than the parent or legal guardian shall procure beer for any minor. Subd. 4. Possession. No minor shall have beer in his possession with the intent to consume it at a place other than the household of his parent or guardian. Subd. 5. Consumption. No person under the age of 21 shall consume alcoholic beverages unless in the household of the parent or guardian and with the consent of the parent or guardian. 13 Amended by Ordinance No. 13-02, 10/28/02 Subd. 6. Consumption Prohibited -- Where. No beer shall be consumed in any theater, recreation hall or center, or dance hall. Subd. 7. Liquor Consumption and Display. No person shall consume or display any intoxicating liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors or who does not hold a consumption and display permit. 702.12 Revocation, Denial or Suspension. Subdivision 1. General. A license issued or to be issued by the City may be denied, suspended, or revoked by the City Council for any of the following causes: (a) Fraud, misrepresentation, or incorrect statement contained in the application for License, or made in carrying on the licenses activity. (b) Conviction of any crime, or misdemeanor, pertaining to license held or applied for, subject to the provisions of Minnesota Statutes, Chapter 364, as amended. (c) Conducting such licensed activity in such a manner as to constitute a breach of the peace, or a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the City, upon recommendation of the City health authorities or other appropriate City official. (d) Expiration or cancellation of any required bond or insurance, or failure to notify the City within a reasonable time of changes in the terms of the insurance or the carriers. (e) Actions unauthorized or beyond the scope of the license granted. (f) Violation of any regulation or provision of this Code applicable to the activity for which the license has been granted, or any regulation or law of the State so applicable. (g) Failure to continuously comply with all conditions as required as precedent to the approval of the license. Amended by Ordinance No. 13-02, 10/28/02 Subd. 2. Notice. Except in the case of a suspension or revocation pursuant to Subd. 3 or 4, ten days written notice of hearing on suspension or revocation shall be given to the licensee. The notice shall contain the date, time, and place of the hearing as well as the nature of the charges against the licensee. 14 Subd. 3. Revocation Without Hearing. The license of any person who holds a federal retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at such place shall be revoked without notice and without hearing. Subd. 4. Suspension Pending Hearing. The council may for cause and without advance notice suspend any license pending a hearing for a period not to exceed thirty days. This ordinance shall be effective immediately upon passage and publication Councilmember introduced the Ordinance and moved its adoption. The motion for the adoption of the foregoing Ordinance was duly seconded by Councilmember and upon roll call vote, the following voted in favor thereof: The following voted against the same Whereupon said Ordinance was declared passed and adopted. Passed by the City Council of Lino Lakes this 28th day of October, 2002. Ann J. Blair, City Clerk 15 John Bergeson, Mayor AGENDA ITEM NO. 6A STAFF ORIGINATOR Rick DeGardner, Public Services Director COUNCIL MEETING DATE November 11, 2002 TOPIC Consideration of Resolution 02 -166, Accepting Donations for the Family Turkey Shoot Special Event Vote Required Simple Majority BACKGROUND: The Lino Lakes Parks and Recreation Department sought program sponsors for its annual Family Turkey Shoot to be held on Saturday, November 16, 2002. Since its start in 1998, over eight hundred individuals have attended this event. The event is a free holiday event for the families of Lino Lakes that consists of low -key competition in a variety of athletic events: baseball throw, frisbee toss, floor hockey shoot, football throw, basketball free throw and beanbag toss. Other event attractions: inflatable arch bounce, removable sport tattoos and turkey coloring sheets. A new addition to the event this year will be a drawing for a giant stuffed animal. The following organizations have generously donated funds to help defer the costs of this event: Circle Pines Lexington Lions $330 Lino Lakes State Bank $300 Forest Lake Area Athletic Association $100 Please find attached Resolution No. 02 -166 for your consideration. OPTIONS: 1. Approve Resolution No. 02 -166 2. Do not approve Resolution No. 02 -166 RECOMMENDATION: Option 1. Council Member introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO 02 -166 A RESOLUTION ACCEPTING DONATIONS FROM THE CIRCLE PINES LEXINGTON LIONS, LINO LAKES STATE BANK AND THE FOREST LAKE AREA ATHLETIC ASSOCIATION FOR THE SUPPORT OF THE LINO LAKES PARKS AND RECREATION DEPARTMENT'S ANNUAL FAMILY TURKEY SHOOT WHEREAS, the Lino Lakes Parks and Recreation Department is holding this annual holiday event on Saturday, November 16, 2002; and WHEREAS, The event is a free holiday event for the families of .ino Lakes; and WHEREAS, Participant teams, consisting of one child (ages 4 -14) and one adult, will compete in a variety of low -key athletic events for prizes; and WHEREAS, The following organizations were made aware of the desire of the Lino Lakes Parks and Recreation Department to conduct the Family Turkey Shoot with the support of program sponsors and have donated the following amounts to the City to defer the costs of this event: Circle Pines Lexington Lions $330 Lino Lakes State Bank $300 Forest Lake Area Athletic Association $100 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby accepts the donations to help fund the Family Turkey Shoot event and wishes to express its sincere gratitude and appreciation to these organizations for their donations. Adopted by the Lino Lakes City Council this day of , 2002 John Bergeson, Mayor Ann Blair, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted STAFF ORIGINATOR: C.C.MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 7E Tanda Gretz November 12, 2002 Resolution No. 02 -153: Variance from the prohibition of accessory buildings with metal corrugated siding or roofs, for property located at 442 Main Street (zoned Rural, between 1 -1/4 acres to 2 -1/2 acres in size) Jamie Brown 3/5 vote Mr. Jamie Brown has applied for a Variance for property located at 442 Main Street, which is zoned Rural and is two acres in size. Mr.Brown is asking for a Variance from the Lino Lakes Ordinance requirement (Section 3, subdiv. 4.D.8.e.5) which states that "no metal corrugated siding or roof, except upon tool sheds less than 150 square feet in area" are allowed on accessory buildings. Mr. Brown constructed an approximately 36' X 24' (864 sq.ft.) metal accessory building without pulling a building permit. As a result, building official were not given the chance to review plans and inform Mr. Brown that the building was prohibited for property of his size and zone. Building official Peter Kluegel noticed the building while out on routine inspection, and notified me of the situation. C.C. Meeting Brown Variance November 12, 2002 Pete and I had an initial conversation with Mr. Brown when he stopped by City Hall to discuss the matter. That conversation was followed by several letters over a period of approximately 3 months, culminating in the matter being handed over to the City Attorney on July 29, 2002, for resolution. Mr. Brown then contacted City Attorney Bill Hawkins and myself, asking that prosecution of the violation be postponed until he was allowed to apply for a variance. This report is based on the following attached exhibits 1. General Location Map. 2. Map of Site (blow up from Y2 sections). 3. Narrative From Applicant. 4-9. Correspondence With Applicant. ANALYSIS Land Use & Zoning The following chart describes the land use and zoning for the subject site and surrounding area: Luca Site North East South Guided Land Use Low Density, Unsewered Residential Low Density, Sewered Residential E stingZoning R ural v Density. Lnsewered Residential Accessory Building Requirements R ural R ural Rural Rural The Lino Lakes Zoning Ordinance, Section 3, subdiv. 4.D.8.e.5, prohibits the construction of any accessory building over 150 sq.ft. if it is sided or roofed with corrugated metal, on a lot of this size. The building constructed by Mr. Brown measures approximately 36' X 24', or 864 sq.ft. in area. Section 3, subdiv. 4.D.8.e.1 -2 also limits the total accessory square footage for the subject property to a total of 2,020 sq.ft. and the total number of accessory buildings to one attached garage and two detached accessory buildings. Mr. Brown currently has 2 C.C. Meeting Brown Variance November 12, 2002 three accessory buildings: one attached 576 sq.ft. garage (24' X 24'); one detached 144 sq.ft. accessory building (12' X 12'); the 864 sq.ft. metal accessory building (36' X 24'). The total accessory building square footage allowed for Mr. Brown's property is 2,020 square feet The three existing accessory buildings total 1,584 square feet. P &Z RECOMMENDATION The above report was presented at the October 9, 2002 meeting of the Planning & Zoning Board. After consideration of the issues, the board voted to deny the proposed Variance. CONCLUSION The subject building is a metal building, sided and roofed-with a corrugated metal, which is prohibited under City ordinance for a property of this size and zone. Further, the building was constructed without application of a building permit, thus never giving staff the chance for review and subsequent notification to the applicant that such a building was prohibited. OPTIONS 1.) Approve the proposed Variance. 2.) Deny the proposed Variance. 3.) Return to staff with direction. RECOMMENDATION Option #2. 3 CITY OF LINO LAKES RESOLUTION NO. 02-153 RESOLUTION DENYING A VARIANCE FOR THE CONSTRUCTION OF A METAL ACCESSORY BUILDING FOR PROPERTY LOCATED AT 442 MAIN STREET WHEREAS, the City has received an application for a Variance from the prohibition of accessory buildings constructed with metal siding or roofs in excess of 150 sq.ft., for a property two acres in size and zoned Rural, and WHEREAS, the City's zoning ordinance prohibits the construction of such accessory buildings on a property of this size and zone, and WHEREAS, the applicant has already constructed such a prohibited building and without applying for a building permit, NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council denies the proposed Variance, as described in the attached staff report, dated October 28th, 2002. Adopted by the Lino Lakes City Council this 12th day of November, 2002 John J. Bergeson, Mayor ATTEST: Ann Blair, City Clerk m _ n t EXBIBIr #_3 ilk J) Q 3 He4b LOH 1CH WA 5 x.lc2 l.4..) ,TH • TMg LEAN 70'5 Al o it - 6vx1$ to-x c►-4 (ox / ;' • (}1 m. iR IN& TO I mmmPRd u& 7^k4 F1 PPEA 1. D F PRo?Ekili Avo r 1-/ vJNC, A POt-E. 1.2- rn fi Ke. v A.2) r cz.1 1-71A API Pia ies d J .. MO: - r T H, r 1-00 SC m vc.H L-t 7 . "1-He-A-1 yr?iN.. • G4 Al "T- AF oa?1 > A G iet-R ti oe. Of T 14 T y,c t_tzl 14A4) tA)C w--.B HoP, 7o 73.. ABLE. 77 JN Jf A---x-r" 5 1" XD V/ YZ5 -Thi Mier ''`1 August 27, 2002 Jamie Brown 442 Main Street Lino Lakes, MN 55014 Re: Application for a Variance Dear Mr. Brawn: Enclosed please find a Land Use Application form, which will be used to process the requested Variance. This application form should be returned to me by September 9, 2002, per our agreement by pixne today. Please also: • Sign & date the Land Use Application form on the back • Submit a check, made out to the City of Lino Lakes, for S250 • Submit a general sketch of the site/buildings, if possible (if you want, you can also include a narrative explaining to Co,mciil members why you believe you should be granted the Variance) I have contacted City attorney Bill Hawkins and asked him to delay his prosecution of the Ordinance violation until you have had a chance to apply for this Variance. Please give me a call with any questions you may have. Respectfully, Tanda Gretz Associate Plaimcr City of Lino Lakes 600 Town Center Parkway, Uno Lakes, Minnesota 55014 -1182 LAW Cie of ..t. awns and Wn.uuM G. HsWICINs BAY A. SuuavAN August 5, 2002 Mr. Jamie Brown 442 Main Street Lino Lakes, MN 55014 Legal Assistana Miami I. UVEGE3 HOLLY G. Pnovo s-sociat AJ1OK , 1+42RiESCITA 55303 PHIDNE Fnx (763) 421 -4213 E-Mna. HnwsLAw 1 @soLcom Dear Mr. Brown: 1 am writing as the Uno Lakes City Attorney concerning information I have received from the Lino Lakes Associate Planner that you have failed to comply with the City's request to remove or bring the accessory building on your property into compliance under City Ordinance. This letter is to advise you that, unless you bring your property into compliance with the City's ordinance within ten (10) days from the date of this letter, 1 will commence criminal prosecution against you. Upon conviction, you face a maximum penalty of a $ 1,000.00 fine or 90 days in jail, or both. Please contact the City Associate Planner, Tanda Gretz, if you feel you have complied with this ordinance. Sincerely, William G. Hawkins Uno Lakes City Attorney WGH/hgp cc: Tanda Gretz .July 29, 2002 Bill Hawkins 2140 -40` Avenue N. Anoka, MN 55303 R.e: Prosecution of Zoning Violation Dear Mr. Hawkins• ::IT i am forwarding to you a zoning violation offense which the City of Lino Lakes would lice prosecuted. Please 5nd enclosed all correspondence, as well as a copy of the pertinent excerpt from the City Zoning Ordinance. Briefly: Mr. Jamie Brown resides at 442 Main Street, an approximately 2.5 'mere parcel located in the Rural zoning district. Mr. Brown constructed an approximately 24' X 24' metal accessory building, for which he did not pull a building permit. As a result, building officials were never given the opportunity to review the building and inform Mr. Brown that the building was in violation of Section 3, subd.4.D.8. Which states "no metal corrugated siding or roof, except upon tool shed less than --; i feet in area." Repeated letters have not brought resolution to this matter, and as a result we are forwarding it on to you for prosecution. Please let me know if you need anything else from me in order to proceed with this matter. Sincerely, Tanda Goetz Associate Planner City ofLino Lakes 600 Town Center Parkway. Lino Lakes. Minnesota 55014-1182 July 19, 2002 Jaime Brown 442 Main Street Lino Lakes, MN 55014 Re: Non - Conforming Pole Barn Dear Mr. Brown: EXHIBIT #' The City received a Land Use application for a Variance for the non - conforming pole bam/shed which was constructed on your property. The application is incomplete, however, as the City received no application fee ($250). In addition, a nay alive and sketch of some kind are also usually submitted (I believe this was explained in the application mstrri a1 s sent to you in April). As a result, staff are unable to proceed with processing the application until all required materials have been submitted. . I would like to take this opportunity to again reiterate that it is certainly your option as a property owner to apply for a Veda' As a staff person dealing with lam use issues, however, I must continue to advise you that such a request for this particular situation/reason cannot be supported by staff. Variances, under City Ordinance, are to be granted only in cases of hardship which are induced by, or uniquely tied to, the property itself Asking for a Variance so that a non - conforming structure can c:ontinm to be utilized — particulatiy when building perms were not pulled for it construction — is not a demonstration of hardship that staff could in any way support under City Ordinance. Although I am sure it is not your solution of choice, it would be my advice to you to either bring the building into compliance or take it down. Tanda Greta Associate Planner City of Lino Lakes Jane 4, 2002 Mr: Jamie Brown 442 Main Street Lino Lakes, MN 55014 Re: Non - conforming accessory structure (pole building) Dear Mr. Brown: EDIT #_e7 I have been informed by Pete Klugel, Britrling Official for the City of Lino Lakes, that the non - conforming accessory buflding we have poly spoke and =responded about remains on the above referenced property. Please recall that the building was constructed without a building permit, and so City building officials were never given the opportunity to review the structure and advise that it does not meet City Ordinance. As a result, a non - conforming structure was erected and City staff are now put in the position of enforcing the City Ordinance after the fact. City and staff are obligated to enforce City Ordimance; issues that staff are not able to resolve are forwarded to the City Attorney. I would request that you take action on this issue in the next two weeks,. and move to resolve this issue. Please recall from a previous letter that staff can see only three alternatives available in a situation such as this: 1.) Remove the structure. 2.) Bring the structure into compliance. 3.) Apply for a Variance to allow the structmn to continue (application materials were sent to you previously, per your request). Please do contact either Pete Klugel at 651.982.2460, or myself at 651.982.2426, sometime in the next two weeks to let us know how you plan to resolve this issue. After this time, this issue will be forwarded to the City Attorney. Respectfully, 614z-. Tanda Gretz Associate Planner City of Lino Lakes J�- 04.16.02 Mr. Jamie Brawn 442 Main Street Lino Lakes, MN 55014 Dear Mr. Brown :rr I am just following up on ovr conversation regarding the non - conforming accessory building located on the property located at 442 Main Street. For a ;l u :qty of this size, City Orrin s e does not allow for accessory structures constructed .with metal corrugated siding or roofs (ec.3, sd.4...i Dne to the fact that no building permit was pulled on the stricture, City building officials had no opportunity to review plans for the proposed structure. As a result, a non- conforming structure was erected, and City staff are now put in the position, of enforcing the City Ordinance after the fact. As we discussed previously, staff can see only three alternatives available in a situation such as this: - 1.) Remove the structure. 2.) Bring the structure into compliance with City Ordinance (this would involve siding and roofing the structure with something other than metaUarrtugated siding; a building permit should be pulled on such work). 3.) Applying for a Variance (fees are $250 and the application would be reviewed by the Planning & Zoning Board and the City Council). Please do contact either Pete Klugel at 651.982.2460, or myself at 6519822426, sometime in the nail ten days to let us know what your ions are. Respectfully, Tanda Grctz Associate Planner $YI I Inn 1 Aram )..4 .....,+r3 sum L11 R