HomeMy WebLinkAbout10/14/2003LAUDERDALE CITY COUNCIL MEETING AGENDA
TUESDAY, OCTOBER 14, 2003
�
JL
CITY HALL 7 _
C .00 P.M.
The City Council is meeting as a legislative body to conduct the business of the City according to
ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER AND
BUSINESS OF THE CITY COUNCIL. Unless so ordered by the Mayor, citizen participation is
limited to the times indicated and always within the prescribed rules of conduct for public input at
meetings.
2.
3.
CALL MEETING TO ORDER AT 7:00 P. M.
ROLL:
Councilmembers:
Staff:
McCloskey Christensen
Gill -Gerbig Giannetti
Mayor Dains
Getschow
APPROVAL OF THE AGENDA
4. APPROVAL
A. Approval of minutes of 9/23/03 City Council Meeting
B. Approval of claims totaling $59,250.61
C. Approval of Pay Request #6 for the 2003 Street and Utility Improvements
for S.M. Hentges and Sons in the amount of $50,556.67
5. OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS NOT ON
THE AGENDA
Any member of the public may speak at this time on any item NOT on the agenda. In
consideration of the public attending the meeting for specific items on the agenda, this portion of
the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their
comments to four (4) minutes or less. If the majority of the Council determines that additional
time on a specific issue is warranted, then discussion on that issue shall be continued under
Additional Items at the end of the agenda. Before addressing the City Council, members of the
public are asked to step up to the microphone, give their name, address and state the subject to be
discussed. All remarks shall be addressed to the Council as a whole and not to any member
thereof. No person other than members of the Council and the person having the floor shall be
permitted to enter any discussion without permission of the presiding officer. Your participation,
as prescribed by the Council's ROBERT'S RULES OF ORDER AND THE STANDING RULES
OF ORDER AND BUSINESS OF THE CITY COUNCIL, is welcomed and your cooperation is
greatly appreciated.
E
City of Lauderdale Council Agenda
October 14, 2003
Page 2
6. CONSENT
7. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS/ CITIZENS
ADDRESSING STREET AND UTILITY IMPROVEMENTS
8. INFORMATIONAL PRESENTATIONS
9. PUBLIC HEARINGS
Public hearings are conducted so that the public affected by a proposal may have input
into the decision. During hearings, all affected residents will be given an opportunity to
speak pursuant to the ROBERT'S RULES OF ORDER AND THE STANDING RULES
OF ORDER AND BUSINESS OF THE CITY COUNCIL.
10. REPORTS
A. Ramsey County Court Petition regarding the Karkoc property parcel
adjacent to Walsh Lake
11. ACTION
A. Consideration of Quotations for the Sale of the Lift Station Generators
B. Reschedule the November 11, 2003 City Council meeting as a result of
Veteran's Day holiday
12. ITEMS REMOVED FROM THE CONSENT AGENDA
13. ADDITIONAL ITEMS
14. SET AGENDA FOR NEXT MEETING
15. WORK SESSION DISCUSSION
A. Storm Water Management Ordinance - DNR "Management of Shorelines"
setback regulations
B. Parking Ordinance
C. Social Room/Kitchen Window Replacement
D. Liquor Control Ordinance
E. Housing Resource Center - Ramsey County HRA levy
16. ADJOURNMENT
Lauderdale City Council
Meeting Minutes
September 23, 2003
1. Meeting called to order at 7:00 P.M.
2. ROLL
Council present: Christensen, McCloskey, Gill -Gerbig and Mayor Dains
Council absent: Giannetti
Staff present: Administrator Getschow
3. APPROVAL OF THE AGENDA
A. Approval of Agenda. Motion by McCloskey, second by Christensen to
approve the agenda. Motion carried unanimously.
4. APPROVAL
A. Approval of Minutes. Motion by Gill -Gerbig, second by Christensen to
approve the minutes of the September 9, 2003 City Council meeting. Motion
carried unanimously.
B. Approval of Claims totaling $45,170.76. Motion by McCloskey, second
by Gill -Gerbig to approve the claims totaling $45,170.76. Motion carried
unanimously.
5. OPPORTUNITY FOR THE PUBLIC TO ADDRESS ITEMS NOT ON THE
AGENDA
Lauderdale City Council
Meeting Minutes, September 23, 2003
Page 2
6. CONSENT
7. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS/
CITIZENS ADDRESSING STREET AND UTILITY IMPROVEMENTS
INFORMATIONAL PRESENTATIONS
WEINIENW41XV
10. PUBLIC HEARINGS
A. 2002 Street and Utility Improvements Special Assessment Roll. The
Mayor stated that the Council is considering the assessment roll for the 2002
Street and Utility Improvement project and that the Council, by simple majority,
may approve the assessment roll following the public hearing.
Tom Kellogg, City Engineer, provided a summary of the constiuction that
occurred for the 2002 Street and Utility Improvements.
The City Administrator then provided a background on all of the events that led to
this assessment hearing and the details of the project financing. He then
summarized relevant sections of the assessment policy that covered such issues as
assessment methods, assessment rates, senior citizen deferments, and payment
options.
The Mayor opened the public hearing at 7:24 p.m.
The following resident addressed the Mayor and City Council:
Ruth Knutson, 1929 Pleasant Street, requested further details regarding the senior
citizen deferments.
The City Administrator stated that he would provide her with an application for
the deferment and discuss the issue further with her following the public hearing.
The Mayor closed the public hearing at 7:26 p.m.
Lauderdale City Council
Meeting Minutes, September 23, 2003
Page 3
11. ACTION
A. Resolution 092303A: A Resolution Approving the 2002 Street and Utility
Improvements Assessment Roll. Motion by Christensen, second by Gill -Gerbig to
approve Resolution 092303A: A Resolution Approving the 2002 Street and
Utility Improvements Assessment Roll. Roll: Yes: all. Motion carried.
The City Council took a break at 7:27 p.m.
The meeting resumed at 7:40 p.m.
B. Appointment of Election .fudges for the 2003 General Election. The City
Administrator presented the memorandum prepared by the Assistant to the City
Administrator listing the judges scheduled to staff the 2003 general city/school
board election of November 4, 2003 that needs to be approved.
Motion by McCloskey, second by Gill -Gerbig to approve the attached list of
election judges for the November 4, 2003 general election. Roll: Yes: all. Motion
carried.
C. Resolution 092303B: A Resolution Relating To The Authorization Of An
Investment Account With Pershing LLC. The City Administrator introduced this
housekeeping measure. He stated that at the first Council meeting of each year,
the City Council approves depositories and investment institutions for the coming
year. Northland Securities, one of our approved investment institutions, has
recently changed transfer agents. Pershing LLC, the new transfer agent for
Northland Securities, is requiring all accounts for Northland Securities to enact a
corporate resolution for the purpose of transacting investments through their firm.
Motion by Christensen, second by McCloskey to approve Resolution 09230313: A
Resolution Relating To The Authorization Of An Investment Account With
Pershing LLC. Roll: Yes: all. Motion carried.
Lauderdale City Council
Meeting Minutes, September 23, 2003
Page 4
12. ITEMS REMOVED FROM THE CONSENT AGENDA
13. ADDITIONAL ITEMS
14. SET AGENDA FOR NEXT MEETING
1. Reschedule November 11, 2003 meeting- Veteran's Day
2. Work Session — 2003 Goals, Parking Ordinance, Alcohol Compliance
Ordinance, Housing Initiatives
15. ADJOURNMENT
Motion by McCloskey, second by Gill -Gerbig to adjourn at 7:50 P.M. Ayes: All.
CITY OF LAUDERDALE
Claims for Approval
October 14, 2003 City Council Meeting
Payroll
09/26/03 Payroll: Check # 7432-7436
09/26/03 Payroll: EFT: Federal Withholding Taxes/FICA
09/26/03 Payroll: EFT: PERA
09/26/03 Payroll: EFT: ICMA Retirement Fund
Sep 03 Payroll: EFT: State Withholding Taxes
10/10/03 Payroll: Check # 7438-7442
10/10/03 Payroll EFT: Federal Withholding Taxes/FICA
10/10/03 Payroll: EFT: PERA
10/10/03 Payroll: EFT: ICMA Retirement Fund
10/14/03 Claims: Check # 16564-16585
Subtotal of Claims From Above
SM Hentges & Sons: Check # 16587
$6,033.99
$2,429.72
$1,018.37
$1,280.43
$859.78
$6,069.81
$2,445.68
$1,024.11
$1,280.43
$36,808.291
$59,250.61
$50,556.67
Total Claims for Approval $109,807.28
CITY OF LAUDERDALE 09/24/03 1:00 PM
Page 1
Paid Register
Check
Employee
Pay
Pay Group
Check
Check
Numbe
Number
Employee Name
Period
Description
Amount
Date
Status
007432
000000011
BOWNIK, JAMES
20
BI -WEEKLY
$1,000.43
9/26/03
Outstanding
007433
000000003
GETSCHOW, RICK
20
BI -WEEKLY
$1,874.79
9/26/03
Outstanding
007434
000000002
HINRICHS, DAVID C
20
BI -WEEKLY
$1,067.52
9/26/03
Outstanding
007435
000000005
HUGHES, JOSEPH A
20
BI -WEEKLY
$1,278.41
9/26/03
Outstanding
007436
000000037
WALSH, KEVIN
20
BI -WEEKLY
$812.84
9/26/03
Outstanding
007431
VOID
20
$0.00
9/26/03
Void
$6,033.99
CITY OF LAUDERDALE 10/09/03 9:16 AM
Page 1
Paid Register
Check
Employee
Pay
Pay Group
Check
Check
Numbe
Number
Employee Name
Period
Description
Amount
Date
Status
007438
000000011
BOWNIK, JAMES
21
BI -WEEKLY
$1,000.43
10/10/03
Outstanding
007439
000000003
GETSCHOW, RICK
21
BI -WEEKLY
$1,874.79
10/10/03
Outstanding
007440
000000002
HINRICHS, DAVID C
21
BI -WEEKLY
$1,155.98
10/10/03
Outstanding
007441
000000005
HUGHES, JOSEPH A
21
BI -WEEKLY
$1,200.25
10/10/03
Outstanding
007442
000000037
WALSH, KEVIN
21
BI -WEEKLY
$838.36
10/10/03
Outstanding
007437
VOID
21
$0.00
10/10/03
Void
$6,069.81
CITY OF LAUDERDALE 10/09/03 2:48 PM
Page 1
Vendor Transactions
CHECK Check Batch
Nbr Date Name Invoice
Amount Comments
Search Name AFSCME
016564 10/14/03 101003claims 10/14/03
$76.24 09/03 union dues
Search Name AFSCME
$76.24
Search Name AVENET, LLC
016565 10/14/03 101003claims 5452
$90.00 4g03 website hosting
Search Name AVENET, LLC
$90.00
Search Name BFI
016566 10/14/03 101003claims 10/14/03
$2,415.00 09/03 recycling
Search Name BFI
$2,415.00
Search Name BIFFS, INC.
016567 10/14/03 101003claims w203743
$70.26 park biffy thru 9/30
Search Name BIFFS, INC.
$70.26
Search Name BONESTROO, ROSENE, ANDERLIK
016568 10/14/03 101003claims 101712
$20,579.81 08/03 2003 st/util improvements
016568 10/14/03 101003claims 101711
$802.82 08/03 2002 st/util improvements
Search Name BONESTROO, ROSENE, ANDERLIK
$21,382.63
Search Name CHEN-KUO KU OR CHING-HWAI WANG
016569 10/14/03 101003claims 10/14/03
$11.00 nonresident reimbursement rv, fh rec
Search Name CHEN-KUO KU OR CH/NG-HWAI WANG
$11.00
Search Name CINTAS
016570 10/14/03 101003claims 10/14/03
$111.69 9/22, 9/29, 10/9 pw uniforms
Search Name CINTAS
$111.69
Search Name CITY OF ROSEVILLE
016571 10/14/03 101003claims 4200
$164.08 10/03 technical services
Search Name CITY OF ROSEVILLE
$164.08
Search Name CONSTRUCTION BULLETIN
016572 10/14/03 101003claims 2420848
$78.00 ad to sell lift station generators
Search Name CONSTRUCTION BULLETIN
$78.00
Search Name GLENWOOD INGLEWOOD
016573 10/14/03 101003claims 10/14/03
$53.68 9/30 water delivery
Search Name GLENWOOD INGLEWOOD
$53.68
Search Name HOME DEPOT CRC
016574 10/14/03 101003claims 6030526
$82.89 supplies for lights
Search Name HOME DEPOT CRC
$82.89
Search Name HUGHES & COSTELLO
016575 10/14/03 101003claims 10/14/03
$38.33 10/03 print/process fees
016575 10/14/03 101003claims 10/14/03
$850.00 10/03 legal retainer
Search Name HUGHES & COSTELLO
$888.33
Search Name KENNEDY & GRAVEN
016576 10/14/03 101003claims 58148
$112.50 08/03 legal fees
Search Name KENNEDY & GRAVEN
$112.50
Search Name LMC
CITY OF LAUDERDALE 10/09/03 2:48 PM
Page 2
Vendor Transactions
CHECK Check Batch
Nbr Date Name Invoice
Amount Comments
016577 10/14/03 101003claims 10/14/03
$1,783.00 member dues thru 8/31/04
Search Name LMC
$1,783.00
Search Name MAMA
016578 10/14/03 101003claims 695
$18.00 09/03 managers meeting
Search Name MAMA
$18.00
Search Name NORTH STAR BANK, PETTY
016579 10/14/03 101003claims 10/14/03
$11.18 coffee
016579 10/14/03 101003claims 10/14/03
$45.36 rick mileage
016579 10/14/03 101003claims 10/14/03
$28.08 kevin mileage
016579 10/14/03 101003claims 10/14/03
$25.00 pcic pizza
Search Name NORTH STAR BANK, PETTY
$109.62
Search Name OFFICE MAX
016580 10/14/03 101003claims 4944j251
$52.12 general office supplies
Search Name OFFICE MAX
$52.12
Search Name PARK SERVICE
016581 10/14/03 101003claims 10/14/03
$69.53 09/03 truck fuel
016581 10/14/03 101003claims 10/14/03
$69.54 09/03 truck fuel
016581 10/14/03 101003claims 10/14/03
$53.28 truck repairs
016581 10/14/03 101003claims 10/14/03
$53.28 truck repairs
Search Name PARK SERVICE
$245.63
Search Name RAPIT PRINTING
016582 10/14/03 101003claims 103644
$38.39 mechanical permit applications
016582 10/14/03 101003claims 103543
$38.39 plumbing permit applications
Search Name RAPIT PRINTING
$76.78
Search Name RAY ANDERSON & SONS
016583 10/14/03 101003claims 10159801
$8,300.00 house demolition 1728 malvern st
Search Name RAY ANDERSON & SONS
$8,300.00
Search Name SPRINT PCS
016584 10/14/03 101003claims 10/14/03
$11.25 09/03 pw cell phone
016584 10/14/03 101003claims 10/14/03
$11.25 09/03 pw cell phone
Search Name SPRINT PCS
$22.50
Search Name XCEL ENERGY
016585 10/14/03 101003claims 10/14/03
$6.23 09/03 garage gas/electric
016585 10/14/03 101003claims 10/14/03
$21.86 09/03 city hall gas/electric
016585 10/14/03 101003claims 10/14/03
$7.29 09/03 city hall gas/electric
016585 10/14/03 101003claims 10/14/03
$114.80 09/03 city hall gas/electric
016585 10/14/03 101003claims 10/14/03
$38.27 09/03 city hall gas/electric
016585 10/14/03 101003claims 10/14/03
$9.39 09/03 garage gas/electric
016585 10/14/03 101003claims 10/14/03
$6.23 09/03 garage gas/electric
016585 10/14/03 101003claims 10/14/03
$20.61 09/03 park gas/electric
016585 10/14/03 101003claims 10/14/03
$7.40 09/03 park gas/electric
016585 10/14/03 101003claims 10/14/03
$422.88 09/03 street lighting
CITY OF LAUDERDALE 10/09/03 2:48 PM
Page 3
Vendor Transactions
CHECK Check Batch
Nbr Date Name Invoice Amount Comments
016585 10/14/03 101003claims 10/14/03 $9.38 09/03 garage gas/electric
Search Name XCEL ENERGY
$664.34
Grand Total $36,808.29
CITY OF LAUDERDALE
Vendor Transactions
CHECK Check Batch
Nbr Date Name Invoice Amount Comments
Search Name SM HENTGES & SONS
016587 10/14/03 101403claims pay req #6 $50,556.67 2003 st/util improvements
Search Name SM HENTGES & SONS $50,556.67
Grand Total $50,556.67
10/09/03 3:22 PM
Page 1
Bonestroo
Rosene
Anderlik &
Associates
Engineers S Architects
owner: City of Lauderdale, 1891 Walnut St., Lauderdale, MN 55113 Date: October 7, 2003
=or Period: 9/5/2003 to 10/7/2003 Request No: 6
contractor: S. M. Hentges and Sons Inc., 650 Quaker Ave.Ste. 200, Jordan, MN 55352
CONTRACTOR'S REQUEST FOR PAYMENT
2003 UTILITY AND STREET IMPROVEMENTS
BRA FILE NO. 532-02-103
SUMMARY
1 .
Original Contract Amount
$
1,696,724.39
2
Change Order - Addition $
0.00
3
Change Order - Deduction $
0.00
4
Revised Contract Amount
$
1,696,724.39
5
Value Completed to Date
$
1,481,394.23
6
Material on Hand
$
0.00
7
Amount Earned
$
1,481,394.23
8
Less Retainage 5%
$
74,069.71
9
Subtotal
$
1,407,324.52
10
Less Amount Paid Previously
$
1,356,767.85
11
Liquidated damages -
$
0.00
12
AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 6
$
50,556.67
Recommended for Approval by:
DONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
Approved by Contractor: Approved by Owner:
S M HENTGES AND SONS INC CITY OF LAUDERDALE
Specified Contract Completion Date:
October 31, 2003
53202103REQ6
Date:
53202103RE06
Contract
Unit
Current
Quantity
Amount
No•
Item
Unit
Quantity
Price
Quantity
to Date
to Date
PART 1 - STREETS:
1
MOBILIZATION
LS
1
69081.09
0.9
$62,172.98
2
TRAFFIC CONTROL
LS
1
7000.00
0.9
$6,300.00
3
SILT FENCE, REGULAR
LF
400
1.50
53
$79.50
4
WOOD FIBER BLANKET
SY
400
3.10
$0.00
5
HAY BALES
EA
10
8.00
$0.00
6
SEEDING
AC
0.3
3780.00
$0.00
7
RECLAIM BITUMINOUS PAVEMENT
SY
22000
0.75
21370
$16,027.50
8
REMOVE BITUMINOUS PAVEMENT
SY
1900
3.50
1068
$3,738.00
9
REMOVE CONCRETE SIDEWALK
SF
3450
0.40
1875
$750.00
10
REMOVE CONCRETE CURB AND GUTTER
LF
30
3.00
154
$462.00
11
REMOVE CONCRETE PAVEMENT
SF
5400
0.50
5867
$2,933.50
12
REMOVE FENCE
LF
550
2.00
679
$1,358.00
13
REMOVE CONCRETE STEP
EA
60
50.00
25
$1,250.00
14
CLEAR AND GRUB
TREE
22
200.00
10
20
$4,000.00
15
ADJUST MANHOLE CASTING
EA
2
200.00
$0.00
16
ADJUST VALVE BOX
EA
2
125.00
$0.00
17
COMMON EXCAVATION (P)
CY
20875
8.19
20875
$170,966.25
18
EXCAVATION - TRAIL
LF
130
12.00
$0.00
19
SELECT GRANULAR BORROW (CV)
CY
8500
11.65
78
8311
$96,823.15
20
SUBGRADE EXCAVATION (EV)
CY
1000
7.25
46
$333.50
21
GEOTEXTILE FABRIC, TYPE IV
SY
26500
1.00
117
24805
$24,805.00
22
4" PERFORATED POLYETHYLENE PIPE
LF
1600
3.75
1680
$6,300.00
23
CONNECT DRAIN TILE TO STRUCTURE
EA
32
50.00
34
$1,700.00
24
AGGREGATE BASE, CLASS 5 (CV)
CY
6400
18.00
20
5563
$100,134.00
25
AGGREGATE BASE, CLASS 5 - TRAIL (CV)
CY
45
21.25
$0.00
26
BITUMINOUS MATERIAL FOR TACK COAT
GAL
1250
1.50
175
400
$600.00
27
BITUMINOUS BASE COURSE TYPE 31
TN
2800
32.50
2579
$83,817.50
28
BITUMINOUS WEAR COURSE TYPE 41
TN
2100
35.50
$0.00
29
BITUMINOUS WEAR COURSE TYPE 41A -
TRAIL
TN
20
62.00
$0.00
30
BITUMINOUS PATCHING
SY
740
44.75
$0.00
31
BITUMINOUS DRIVEWAY PATCHING
SY
770
21.50
93.3
593.3
$12,755.95
32
B618 CONCRETE CURB AND GUTTER
LF
13125
7.60
12329
$93,700.40
33
CONCRETE STREET PATCHING
SF
150
11.80
150
$1,770.00
34
7 CONCRETE DRIVEWAY PAVEMENT
SF
9400
5.20
324
15982
$83,106.40
35
CONCRETE STEP
EA
60
170.00
79
$13,430.00
36
4" CONCRETE SIDEWALK
SF
3450
3.25
3844
$12,493.00
37
PEDESTRIAN CURB RAMP
EA
3
200.00
4
$800.00
38
SODDING, LAWN TYPE
SY
15000
1.80
17642
17642
$31,755.60
39
STREET NAME SIGN (2 BLADES), INCL POST
AND HARDWARE
EA
8
230.00
$0.00
40
DITCHING
LF
360
10.00
$0.00
Total PART 1 - STREETS:
$834,362.23
PART 1 - STREETS: - Bid Amount Total - $967,850.09
PART 2 - ALLEY IMPROVEMENTS:
41
REMOVE BITUMINOUS PAVEMENT
SY
40
5.00
8
71
$355.00
42
REMOVE CONCRETE PAVEMENT
SF
30
0.75
464
$348.00
43
CLEAR AND GRUB
LS
1
1000.00
0.1
1
$1,000.00.
44
COMMON EXCAVATION (EV)
CY
1500
10.00
1690
$16,900.00
45
MOTOR GRADER WITH OPERATOR
HR
50
100.00
7
$700.00
46
FRONT END LOADER WITH OPERATOR
HR
20
105.00
3
$315.00
47
SKIDSTEER (BOBCAT) WITH OPERATOR
HR
85
82.00
40
57
$4,674.00
48
AGGREGATE BASE, CLASS 5
TN
1500
10.50
2028
$21,294.00
49
BITUMINOUS MATERIAL FOR TACK COAT
GAL
280
1.50
330
$495.00
50
BITUMINOUS BASE COURSE TYPE 31
TN
700
36.00
848
$30,528.00
51
BITUMINOUS WEAR COURSE TYPE 41
TN
530
38.50
268
877
$33,764.50
Total PART 2 - ALLEY IMPROVEMENTS:
$110,373.50
PART 2 - ALLEY IMPROVEMENTS: - Bid Amount Total - $92,067.50
PART 3 - STORM SEWER:
52
REMOVE MANHOLE
EA
13
150.00
13
$1,950.00
53
REMOVE CATCH BASIN
EA
6
150.00
8
$1,200.00
54
REMOVE REINFORCED CONCRETE PIPE (RCF
LF
1100
7.00
1416
$9,912.00
53202103RE06
53202103RE06
Contract
Unit Current
Quantity
Amount
140•
Item
Unit
Quantity
Price Quantity
to Date
to Date
55
REMOVE CORRUGATED METAL PIPE (CMP)
AND HDPE PIPE
LF
2200
6.00
711
$4,266.00
56
BULKHEAD EXISTING STORM SEWER
EA
2
75.00
5
$375.00
57
SALVAGE AND REINSTALL CONCRETE PIPE
LF
14
22.00
$0.00
58
CLEAR AND GRUB
LS
1
1100.00
1
$1,100.00
59
IMPROVED PIPE FOUNDATION, PER 6"
INCREMENT
LF
1000
0.01
$0.00
60
RESTRICTED TRENCH
LF
282
10.00
$0.00
61
12" RCP STORM SEWER, CLASS 5
LF
1200
23.00
1309
$30,107.00
62
15" RCP STORM SEWER, CLASS 5
LF
560
24.00
451
$10,824.00
63
18" RCP STORM SEWER, CLASS 5
LF
1430
26.00
1420
$36,920.00
64
21" RCP STORM SEWER, CLASS 5
LF
535
30.00
530
$15,900.00
65
30" RCP STORM SEWER, CLASS 4
LF
300
47.80
294
$14,053.20
66
12" RCP FLARED END SECTION, INCL TRASH
GUARD
EA
1
752.00
1
$752.00
67
18" RCP FLARED END SECTION, INCL TRASH
GUARD
EA
1
1025.00
1
$1,025.00
68 -
CLASS 111 RANDOM RIPRAP
CY
12
75.00
12
$900.00
69
2'X T CATCH BASIN
EA
9
1112.00
9
$10,008.00
70
SHALLOW CATCH BASIN
EA
3
1024.00
4
$4,096.00
71
6' DIA STORM SEWER CBMH, INC 2' SUMP, R-
4342 CSTG
EA
1
3825.00
1
$3,825.00
72
5' DIA STORM SEWER MH, INCL R-1 642-B
CSTG AND CONC ADJ RINGS
EA
1
2769.00
1
$2,769.00
73
5' DIA STORM SEWER CBMH, INC R -3067-V,
CSTG AND CONC ADJ RINGS
EA
1
2629.00
1
$2,629.00
74
4' DIA STORM SEWER MH, INC 2' SUMP, R-
1642 -B CSTG
EA
1
1928.00
1
$1,928.00
75
4' DIA STORM SEWER MH, INCL R -1642-B
CSTG
EA
3
1788.00
3
$5,364.00
76
4' DIA STORM SEWER CBMH, INC R -3067-V,
CSTG AND CONC ADJ RINGS
EA
27
1788.00
28
$50,064.00
77
4' DIAMETER STRUCTURE OVERDEPTH
LF
2
79.00
2.7
$213.30
78
CONSTRUCT MH OVER EXISTING PIPE
EA
2
750.00
2
$1,500.00
79
CONNECT TO EXISTING STORM SEWER
SERVICE
EA
3
500.00
1
$500.00
80
CONNECT TO EXISTING CBMH
EA
1
600.00
$0.00
Total PART 3 - STORM SEWER:
$212,180.50
PART 3 - STORM SEWER: - Bid Amount Total - $221,054.00
PART 4 - SANITARY SEWER:
81
BYPASS PUMPING
LS
1
3500.00
1
$3,500.00
82
REMOVE MANHOLE
EA
13
150.00
13
$1,950.00
83
REMOVE LIFT STATION
LS
1
5000.00
1
$5,000.00
84
REMOVE SANITARY SEWER PIPE
LF
3510
0.01
3510
$35.10
85
REMOVE FORCEMAIN PIPE
LF
2880
6.00
1692
$10,152.00
86
REMOVE SANITARY SEWER SERVICE PIPE
LF
4050
1.00
2353
$2,353.00
87
BULKHEAD EXISTING SANITARY SEWER
EA
1
75.00
$0.00
88
ABANDON MANHOLE
EA
1
175.00
$0.00
89
CLEAR AND GRUB
LS
1
1100.00
$0.0(1'
90
IMPROVED PIPE FOUNDATION, PER 6"
INCREMENT
LF
1500
0.01
20
$0.20
91
4' DIAMETER SANITARY MANHOLES (10' DEEF
EA
12
1859.00
10
$18,590.00
92
4' DIAMETER SANITARY MANHOLE
OVERDEPTH
LF
17.8
78.00
28.5
$2,223.00
93
8" PVC SANITARY SEWER, SDR 35, 0'-10'
DEEP
LF
437
20.50
437
$8,958.50
94
8" PVC SANITARY SEWER, SDR 35, 10'-12'
DEEP
LF
849
22.50
849
$19,102.50
95
8" PVC SANITARY SEWER, SDR 35,12'-14'
DEEP
LF
1192
24.50
1192
$29,204.00
96
8" PVC SANITARY SEWER, SDR 35,14'-16'
DEEP
LF
585
26.50
585
$15,502.50
97
8" PVC SANITARY SEWER, SDR 35,16'-18'
DEEP
LF
420
32.50
420
$13,650.00
53202103RE06
53202103REQ6
Contract
Unit Current
Quantity
Amount
'No•
Item
Unit Quantity
Price Quantity
to Date
to Date
98
8" PVC SANITARY SEWER, SDR 35,18'-20-
5,18'-20'DEEP
DEEP
LF
235
42.50
235
$9,987.50
99
CORE DRILL CONNECTION TO EXISTING
MANHOLE
EA
2
900.00
2
$1,800.00
100
CONNECT TO EXISTING SANITARY SEWER
8" VCP PIPE
EA
3
430.00
4
$1,720.00
101
CONSTRUCT MANHOLE OVER EXISTING PIPE
EA
3
2169.00
2
$4,338.00
102
8" DIP OUTSIDE DROP INLET PIPE
LF
8.9
378.00
7.9
$2,986.20
103
8" DIP SANITARY SEWER
LF
40
24.00
119
$2,856.00
104
CLOSED CIRCUIT TV INSPECTION
LF
3758
0.70
$0.00
105
8" X 4" PVC WYE, SDR 26
EA
123
39.00
106
$4,134.00
106
8" X 6" PVC WYE, SDR 26
EA
4
51.00
4
$204.00
107
8" X 8" PVC WYE, SDR 26
EA
1
105.00
1
$105.00
108
RECONSTRUCT INVERT
EA
2
300.00
2
$600.00
109
4" PVC, SDR 26 SERVICE PIPE
LF
4000
12.00
2291
$27,492.00
110
6" PVC, SDR 26 SERVICE PIPE
LF
70
13.00
82
$1,066.00
111
4" PVC, SDR 26 RISER PIPE
LF
150
12.00
353
$4,236.00
112
6" PVC, SDR 26 RISER PIPE
LF
10
13.00
5
$65.00
113
CONNECT TO EXISTING SEWER SERVICE
EA
125
155.00
99
$15,345.00
114
INSULATION, 3" THICK
SY
7
13.50
4
$54.00
Total PART 4 - SANITARY SEWER:
$207,209.50
PART 4 - SANITARY SEWER: - Bid Amount Total
- $245,848.80
PART 5 - WATER MAIN:
115
REMOVE HYDRANT
EA
7
275.00
8
$2,200.00
116
REMOVE GATE VALVE AND BOX
EA
7
100.00
8
$800.00
117
REMOVE WATER MAIN
LF
6000
5.00
3455
$17,275.00
118
WATER MAIN TRENCH
LF
5575
8.00
5130
$41,040.00
119
WATER SERVICE TRENCH
LF
4450
10.00
1403
$14,030.00
120
MECHANICAL TRENCH COMPACTION
LF
10025
1.00
6533
$6,533.00
121
PIPE BEDDING
LF
5575
2.00
6533
$13,066.00
122
IMPROVED PIPE FOUNDATION, PER 6"
INCREMENT
LF
2500
0.01
$0.00
123
BACK HOE WITH OPERATOR
HR
10
150.00
$0.00
124
INSULATION, 3" THICK
SY
7
4.50
7
$31.50
Total PART 5 - WATER MAIN:
$94,975.50
PART 5 - WATER MAIN: - Bid Amount Total - $144,456.50
PART 6 - WARMING HOUSE DRIVE AND PARKING AREA:
125
MOBILIZATION
LS
1
500.00
1
$500.00
126
SEEDING
AC
0.1
5100.00
$0.00
127
COMMON EXCAVATION (EV)
CY
25
15.00
$0.00
128
15" RCP CULVERT, CLASS 5
LF
40
26.00
$0.00
129:
15" RCP FLARED END SECTION, INCL TRASH
GUARD
EA
2
621.00
$0.00
130
AGGREGATE BASE, CLASS 5
TN
80
11.00
$0.00
131
BITUMINOUS MATERIAL FOR TACK COAT
GAL
20
1.50
20
$30.00
132
BITUMINOUS BASE COURSE TYPE 31
TN
45
36.00
73.5
$2,646.00
133
BITUMINOUS WEAR COURSE TYPE 41
TN
33
38.50 10
65
$2,502.50
Total PART 6 - WARMING HOUSE DRIVE AND PARKING AREA:
$5,678.50
PART 6 - WARMING HOUSE DRIVE AND PARKING AREA: - Bid Amount
Total - $7,467.50
ALTERNATE NO. 1 - NATURE AREA DRAINAGE
IMPROVEMENTS:
134
MOBILIZATION
LS
1
2000.00
1
$2,000.00
135
CLEAR AND GRUB
TREE
15
200.00
9
$1,800.00
136
WOOD FIBER BLANKET
SY
400
3.10
355
$1,100.50
137
REMOVE STORM SEWER PIPE
LF
60
10.00
68
$680.00
138
REMOVE CONCRETE SLAB AND HEADWALL
LS
1
700.00
$0.00
139
REMOVE AND REPLACE FENCE
LF
50
7.00
90
$630.00
140
COMMON EXCAVATION
LS
1
1000.00
1
$1,000.00
141
COMMON BORROW (LV)
CY
30
3.00
$0.00
142
TOPSOIL BORROW (LV)
CY
16
15.00
$0.00
143
IMPROVED PIPE FOUNDATION, PER 6"
INCREMENT
LF
71
4.00
$0.00
144
RESTRICTED TRENCH
LF
71
15.00
71
$1,065.00
145
CONNECT TO EXISTING STORM MANHOLE
EA
1
750.00
1
$750.00
53202103REQ6
Total PART 1 - STREETS:
$834,362.23
Contract
Unit
Current Quantity
Amount
'No.
Item
Unit Quantity
Price
Quantity to Date
to Date
146
18" HDPE STORM SEWER
LF 53
33.00
69
$2,277.00
147
18" RCP STORM SEWER, CLASS 5
LF 8
40.00
18
$720.00
148
18" RCP FLARED END SECTION, INCL TRASH
GUARD
EA 1
1064.00
1
$1,064.00
149
CLASS III GROUTED RIPRAP
CY 18
90.00
18
$1,620.00
150
4' DIA STORM SEWER MH. INCL R -1642-B
CSTG AND CONC ADJ RINGS
EA 1
1908.00
1
$1,908.00
Total ALTERNATE NO. 1 - NATURE AREA DRAINAGE IMPROVEMENTS:
$16,614.50
ALTERNATE NO. 1 - NATURE AREA DRAINAGE
IMPROVEMENTS: - Bid Amount Total
- $17,980.00
Total PART 1 - STREETS:
$834,362.23
1 Total PART 2 - ALLEY IMPROVEMENTS:
$110,373.50
Total PART 3 - STORM SEWER:
$212,180.50
Total PART 4 - SANITARY SEWER:
$207,209.50
Total PART 5 - WATER MAIN:
$94,975.50
Total PART 6 - WARMING HOUSE DRIVE AND PARKING AREA:
$5,678.50
Total ALTERNATE NO. 1 - NATURE AREA DRAINAGE IMPROVEMENTS:
$16,614.50
Total Work Completed To Date
$1,481,394.23
'53202103REQ6
PROJECT PAYMENT STATUS
OWNER CITY OF LAUDERDALE
BRA FILE NO. 532-02-103
CONTRACTOR S M HENTGES AND SONS INC
No. Date Description Amount
Total Change Orders
PAYMENT SUMMARY
No. From To Pavment Retainane Cmmn1pfar1
1
04/01/2003
05/02/03
73,546.48
3,870.87
77,417.35
2
05/03/2003
06/04/03
228,495.02
15,896.92
317,938.42
3
06/05/2003
06/30/03
418,279.15
37,911.61
758,232.26
4
07/01/2003
1 08/04/03
1 403,763.50
59,162.32
1,183,246.47
5
08/05/2003
09/04/03
232,683.70
71,408.83
1,428,176.68
6
09/05/2003
10/07/03
50,556.67
74,069.71
1,481,394.23
Material on Hand
Total Payment to Date
$1,407,324.52
Original Contract
$1,696,724.39
Retainage Pay No. 6
74,069.71
Change Orders
Total Amount Earned
$1,481,394.23
Revised Contract
$1,696,724.39
53202103REQ6
Lauderdale City Council Memorandum
Council Meeting Date: October 14, 2003
To: Mayor and City Council
From: Rick Getschow, City Administrator
Agenda Item: Petition regarding the Karkoc Property adjacent to Walsh Lake
BACKGROUND:
This parcel has been the focus of much discussion over the past thirty years as the
Karkoc's have attempted to develop the lot as a residential parcel. The following is a
brief timeline:
Pre -1989
The Karkoc parcel, and what is now 1951 Pleasant- immediately to the south, was once a
single parcel. The owner created two separate parcels and sold off one of the parcels.
Apparently, the prior 1951 Pleasant Street owner was planning on providing the new
parcel owner (his brother) an easement for access purposes. It was never recorded.
1989
A rear yard setback variance was approved for single-family home construction by the
City Council in 1989, but there were at least 25 conditions on which the approval was
based. (See Enclosure #1)
Note: Representatives of the Karkoc's have now stated that they would attempt to
construct a home without needing a variance, and thus, would not need to adhere to the
1989 variance.
1997
The City adopts, and the Metropolitan Council approves, the City of Lauderdale
Comprehensive Plan.
The Comprehensive Plan delineates the Karkoc parcel, along with three city -owned
parcels to the north, as undeveloped. The Plan also delineates those four parcels as Plan
Area #2- Open Space. The intent is to develop the three city -owned parcels and
potentially the Karkoc parcel as park and/or open space along Walsh Lake. (See
Enclosure #2)
Also in 1997, the City adopts a storm water management ordinance. In the wetland
section of the ordinance, it is stated that redevelopment along the south end of Walsh Lake
(DNR water body 214W) shall be done following MN DNR standards for "Management of
Shorelines". The DNR shoreline setback regulation for residential development is
currently 50 feet from the ordinary high water level (OHWL).
2002
During the 2002 Street and Utility Improvements north of Roselawn Avenue, Pleasant
Street was reconstructed and this parcel was not considered to be served by the street and
the parcel was not assessed. (See Enclosure #3)
Present — 2003
The Rice Creek Watershed District did act upon an application for a site drainage plan
from the Karkoc's on July 23, 2003. They gave their conditional approval of the site plan
and a variance from the 50 -foot setback of the OWHL with two conditions and one
important note:
1. That there be field verification by District Staff of no wetland impacts;
2. That there must be written authorization from the southern landowner
(1951 Pleasant) for a proposed driveway; and
3. A variance for the 50 -foot setback from the OWHL may also be required
from the City of Lauderdale
(See Enclosure #4).
Overall, some of the issues with building on this lot over these years have been:
1. Concerns with the fact that at least 25% of the lot is in Walsh Lake;
2. The lot is not served by the former or current configuration of Pleasant
Street;
3. Even though the lot may be served by a small portion of Pleasant Street
right-of-way (separate from the actual road itself since the actual road is
partially on private property), a driveway could not be constructed fully
within the right-of-way;
4. The property owner to the south (1951 Pleasant) would need to provide an
easement or similar instrument on his private property for that parcel to
have adequate driveway access;
5. The City has adopted DNR shoreline setback regulations that require
residential development to be setback 50 feet from the ordinary high water
level. In terms of this parcel, that setback could not be met with any type
of construction without the need for a significant variance.
Late last week, The City and four Pleasant Street property owners were served with a
court petition from the Karkoc's regarding Pleasant Street right-of-way or access. They
are possibly attempting to prove that there is an established street serving their property.
The City Attorney is still conducted research on this issue, but it appears that the
Karkoc's are attempting to persuade the Title Examiner to recognize that Pleasant Street
serves his and the other four properties based on survey work that they have done. It is
clear to the City that Pleasant Street does serve the other properties, but as was noted
before, it does not appear that Pleasant Street ever touched the Karkoc parcel.
(See Enclosure #5).
A hearing before the Title Examiner is scheduled for Wednesday, November 15, 2003 —
the day after the Council meeting. The City Attorney will either be present at this
meeting or will provide further input that can be presented to the Council so that direction
can be given as to how the City should respond at the hearing.
The three affected property owners (1951 Pleasant, 1943 Pleasant and 1937 Pleasant)
have stated they will be attending the Council meeting. They have stated that they
oppose this action that has been taken by Karkoc.
Since this issue continues to evolve and much of what is referred to in the petition has not
been provided to the City or adjacent property owners, there will probably be new
developments by the time of the meeting.
I will be taking a vacation day on Monday as we are going out of town for a long
weekend, but I will be checking messages and possibly still talking to the City Attorney
regarding this issue. I will be back in the office on Tuesday morning.
ENCLOSURES:
1. 1979 City Council Variance information
2. Lauderdale Comprehensive Plan Information
3. Street and Utility Improvements Map of the Affected Area
4. Rice Creek Watershed Permit Application Information
5. Copy of the Petition filed by Peter and Lucy Karkoc
COUNCIL ACTION REQUESTED:
Possible direction on how to proceed on this matter as it relates to a hearing before the
Title Examiner scheduled for Wednesday, November 15, 2003.
Member Lee Peterson introduced the following resolution and moved its adoption:
CITY OF LAUDERDALE
RESOLUTION NO. 101089A
WHEREAS, Mr. Peter Karkoc, property owner of Lot 4 and the north half
Of Lot 5, Block 3 Garcelons Addition was present along with his Attorney
Mr. Neil Dieterich, to review their request and answer Council questions.
NOW, THEREFORE, BE IT RESOLVED.by the City Council of the City of
Lauderdale, Minnesota to approve a rear yard setback variance from the minimum
20 feet to 2 feet from the lot line, and a variance from the 30% maximum lot
coverage to approximately 45% lot coverage exclusive of drainage easement to
construct a house and garage on Lot 4 and North half of Lot 5, Block 3 Garcelons
Addition, as per plan submitted and dated 10-10-89, to Mr. Peter Karkoc, with
the following conditions:
1. Complies with list of conditions from August 8, 1989 Council Meeting.
2. Granting of a forty foot maximum road easement for Pleasant Street
over Lot 6 and the north half of Lot, 5, Block 3 Garcelons Addition.
3. Upper floor height resolved as per plan dated 10-10-89.
4. Secure approval and permit from Rice Creek Watershed District.
5. Culvert installed under driveway per City Engineer.
MOTION AMENDED to include this:
6. Six inch City Water Main to be extended in Pleasant Street
according to City Engineer recommendation and with approval by the
St. Paul Water Department. Extension cost paid by Mr. Peter Karkoc
and the hydrant, if needed, will be paid by the City of Lauderdale.
7. Approval by the City Fire Marshall (Terry Iverson).
8. Approval of final plan by City Engineer (John liarwood).
9. Approval in writing of west neighbor must be submitted to the City
of Lauderdale.
r
10. Attorney Neil Dieterich to work closely with City Clerk to make sure
all conditions are followed before a building permit can be issued r
by the City of Lauderdale.
DATED TRIS 10th day of October, 1989.•
Idi lard E. Anderson, Mayor
ATTEST: t\
La Vanche 0. Peterson, City C e
The foregoing motion was duly seconded by member Paul Villella; and upon a
vote being taken thereon, the following voted in favor thereof:
Mayor Willard E. Anderson, Councilmembers Nora Gille, Lee Peterson
Paul Villella and Cynthia Wheeler
and the following voted against the same: NONE
Whereupon said resolution was declared duly passed and adopted.
AUGUST 8, 1989
PETER KARKOC CONDITIONS TO BE CONSIDERED FOR BUILDING ON LOT 4 AND THE NORTH 1/2 OF
LOT 5, BLOCK 3, GARCELON'S ADDITION TO ST. PAUL.
The Council of the City of Lauderdale(approves, does not approve) variances to
Ordinance No. 24 to permit the construction of the house by Peter Karkoc, owner,
on Lot 4 and the north 1/2 of Lot 5, Block 3, Garcelon's Addition to St. Paul,
as reviewed by the Planning and Zoning Commission (P & Z) and the City Council with the
following conditions:
1. The rear set back with respect to the overhang shall be no less than 2 feet.
'1
2. The height shall be verified on the building plans that it conforms to the
zoning ordinance.
3.' The finished grading plan shall be on the site plan.
4. The revised house plan shall show the actual conditions intended to build
and shall indicate the area of the building (maximum projection onto lot)
and the buildable area (the area excluding the 100 year high water level
drainage easement) of the lot and the percentage of coverage.
5. Permission of the neighbors to the south and west shall be obtained.
6. A copy of the letter from the Rice Creek Watershed granting their approval
to build shall be submitted. (City reviewed 8/8/89)
7. An indication of the Pleasant Street easement for the driveway access to the
lot shall be shown on the site plan.
8. The applicant shall grant an easement to the City of Lauderdale to reflect the
existing street as determined by the city engineer.
9. The revised site plan shall show all dimensions; dimensions shall be indicated
with all appropriate set backs; basement and each floor's elevation shall be
shown shown. Structural and site plans shall have accurate dimensions in
agreement with one another.
10. Plans shall be reviewed and approved by the chairperson of the P & Z (Wayne
Sisel) before going to the building inspector.
11. Proof shall be submitted that a 7'6" basement meets the building code.
12. The grading plan shall be approved gy the city engineer to be sure drainage
is adequate.
13. The applicant shall provide suitable watermain and hydrant, if necessary, as
approved by the city engineer, fire marshal, and the St. Paul Water Department.
14. The sewer system in the alley west of the property must be reconstructed
by the City prior to the start of construction including excavation of basement
or footings.
15. The applicant shall grant the City of Lauderdale a temporary construction easement
to reconstruct the pertinent sewer line.
16. No construction shall commence until the City of Lauderdale can verify it has
the funds to reconstruct the pertinent sewer line.
- See NOTES
Page two.
•PAGE TWO
NOTE: AUGUST 8, 1989
PETER KARKOC - CONDITLONS
NOTE:
1. Lot coverage allowed is 30%.
Need approximately 45% lot coverage.
2. Can't find indication of the Pleasant Street easement for the driveway
access to the lot with the county or the city; applicant will obtain one.
.I
3. A councilperson espressed the concern that the proposed structure is too
large for the site.
4. Not approved; returned to the P and Z for re-evaluation including a
specific evaluation of lot coverage.
5. Mayor Anderson recommends a performance bond be posted by applicant prior to
issuance of a permit..
This was Item 7.1 Agenda item 8/8/89
7:25 p.m.
E
Bonestroo
Rosene
wi]m ArAleft &
Assodoes
Map 2
May
1997
LJ
The City of Lauderdcq�e +
200 0 200 $00 Feet
Existing Land Use
SkV. Fw9y
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Wu/F:1,
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Larpenteur Avenue
E
.2
UL
C. Breck Woods
1. Discuss the future usability of Breck Woods for Lauderdale residents.
• Initiate discussion with Luther Seminary to maintain the existing status of the area
known as "Breck Woods" as a wilderness conservation area.
D. General
1. Increase residents' awareness of recreation opportunities within Lauderdale.
• Include articles in the City newsletter about the Nature Area and park facilities.
2. Increase recreational opportunities by mating walkways and paths.
• Formulate alternatives for recreational walkways such as a walkway around the City.
• Create bike lanes in high traffic areas.
3. Link walkways and paths in Lauderdale to surrounding cities.
• Link sidewalks on the south side of Larpenteur to Falcon Heights.
E. Open Space
1. Preserve existing open space in Conservation (C-1) Areas.
• Initiate discussion with Luther Seminary to maintain the existing status of the area
known as "Breck Woods" as a wilderness conservation area. Alternatively, the city
might consider setting aside money to purchase this land.
2. Acquire property for open space and parks when strong public benefit exists.
• Study the potential for public benefit of creating mini -parks at the corner of lone and
Walnut, at the north end of Walnut and on the west shore of Walsh Lake.(Plan Area 2)
3. Maintain existing City -owned open space.
GOAL II. PROVIDE EFFICIENT PUBLIC SERVICES TO
LAUDERDALE RESIDENTS.
1. Maintain current City provided services until such services can be provided
at a lower cost and higher benefit by another government or private
company/organization.
2. Compare costs and benefits of the City's contracted services.
3. Plan for the upkeep and expansion of public facilities/services to provide
efficient service to the public.
4. Provide public services where public need and benefit is determined.
Lauderdale Comprehensive Plan - Parks & Public Services Page 61
JUL-24-2003 11:20 RICE CREEK WATERSHED 651 766 4196 P.02iO4
At their meeting held July 23, 2003, the Board of Managers of the Rice Creek Watershed
District took action on your Permit Application as shown on the attached document. The
following definitions may be helpful to acquaint you with our procedure and effect timely
permit issuance:
CAPROC (Conditional Approval pending Receipt Of Changes) =The District has nearly
all exhibits required for adequate review and issuance of a permit; you have 90 days to
submit the required non -administrative item(s) and six months to submit the required
administrative items. After this time, the application reverts to a denial and a new
application will need to be submitted. Please submit additional exhibits with your
application number affixed in duplicate and one copy in an electronic .edf format.
Failure to identify your exhibits by Permit Application number could mean a delay
in issuing your permit.
Cash surety: if your project requires a cash surety, the surety will be kept through final
inspection to assure erosion control measures remain current as shown in plan and also
for compliance with other permit requirements. Up to the first $6,000 must be cash — a
check from the applicant is acceptable. Amounts over $5,000 are accepted in the form of
an irrevocable letter of credit or an insurance company bond. The format for the letter of
credit and the bond can be found on the RCWD web site at www.ricecreekwd.com.
After receipt and review of additional exhibits, more information may be required for
clarification to ensure that District's requirements have been met. If you have any
questions, please call Karl Hammers, Rice Creek Watershed District Permit Coordinator,
at 763-398-3072.
khmnmem@riceereekwd.com.
C: City of Lauderdale
Applicant's Consultant: Roger Nelson, R. Nelson Engineering
Correspondence
RCWD File # 02-081
KH
Emmons & Olivier Resources, Inc. 7/24/03
JUL-24-2003 11:20 RICE CREEK WATERSHED 651 766 4196 P.03iO4
Permit Application No. 02-081 Peter & Lucy Karkoc
Rice Creek Watershed Distract Permit Application Number 02-081
Applicant: Peter & Lucy Karkoc Consultant: Roger Nelson
2335 Argonne Drive R. Nelson Engineering
Columbia Heights, MN 55421 1460 93`d Lane NE
Ph: 763-572-9414 Blaine, MN 55434
Fx: none Ph: 763-784-7390
Fx:763-784-7390
Purpose: Final Site Drainage Plan for a single family home riparian to Walsh Lake,
0.23± acres.
Location: North of Roselawn Avenue and west of Pleasant Street, Lauderdale.
T -R -S: 29-23-17 bd
Recommendation: Conditional approval pending receipt of changes and outstanding
items related to:
Wetlands
1. Field verification by District staff of no wetland impacts.
Administrative
2. Written authorization from southern landowner for proposed
driveway.
Exhibits: 1. Permit Application dated July 3, 2002, received July 3, 2002.
2. Development and Erosion Control Plan prepared by R. Nelson
Engineering, last revised July 2, 2003, received July 3, 2002.
3. Floodplain and Compensatory Storage Plan prepared by R. Nelson
Engineering, undated, received July 3, 2002.
4. RCWD Permit files 88-69, 81-119, 79-02,
5. Cash surety in the amount of $250, received from Applicant on July
- 16, 2002.
Findings: 1. Proposed project entails construction of a single-family home
riparian to Walsh Lake. This site was previously reviewed under
RCWD permits 88-69, 81-119, and 79-02. History of alleged illegal
Emmons & Olivier Resources, Inc. 7/24/03
M
JUL-24-2003 11:20 RICE CREEK WATERSHED 651 766 4196 P.04iO4
Permit A lication No. 02-081 Peter & Lucy Karkoc
fill on the site and no access to the site have prevented the project
from being realized. No documentation exists to verify whether
historic fill placement occurred within the floodplain. Also no
documentation has been provided as to authorization for driveway
access across property to the south of the site.
2. Walsh Lake is DNR protected wetland 214W. Although Walsh Lake
is indicated to be a wetland on the DNR Protected Waters Inventory
Map, it is actually categorized as a General Development Lake. As
result, a setback of 50 from the OHW is required and any deviation
from this setback requires a variance from District Rule H (since the
City of Lauderdale has not technically adopted a DNR approved
shoreland ordinance). The applicant has received written
confirmation that the project does not require a DNR permit.
The applicant's consultant submitted a variance request (see attached
letter dated July 3, 2003): The current proposed setback for the
structure is 151feet from the OHW. Since Walsh lake currently
receives stormwater runoff from developed areas with limited to no
water quality treatment, any water quality effects as a result of this
project will be negligible.
The RCWD Board of Managers considered and approved this
variance request from the 50 setback from the OHW of Walsh Lake
at the July 23, 2003 regular board meeting. The applicant should
nate that a variance from the City of Lauderdale may also be
required for this setback as well as other side/rear lot setbacks.
3. The proposed plan indicates that there is no fill or excavation below
the OHW (926.5) of Walsh Lake. Field verification by District staff
of no wetland fill above the OHW is required.
4. The regulatory flood elevation of Walsh Lake is 931.2. The
proposed lowest floor elevation of 933.2 satisfies District freeboard
requirements. The proposed plan indicates 400 cubic feet of
floodplain fill and 475 feet of compensatory storage, thereby
satisfying the District's 1:1 compensatory storage requirements.
5. An acceptable erosion control plan including silt fence downstream
of disturbed areas and a revegetation implementation schedule has
been submitted.
6.- This permit was tabled in July of 2002 for setback, offsite grading,
and wetland issues.
Board Action:
Emmons & Olivier Resources, Inc. 7/24/03
TOTAL P.04
STATE OF MINNESOTA
COUNTY OF RAMSEY
In the Matter of the Petition of
FILED
Peter Karkoc and Lucy Karkoc, Court Administrator
SEP 2 9 2003
DISTRICT COURT
SECOND JUDICIAL DISTRICT
FILE NO. P.S. C9-03-687.7
By 1- Deputy ORDER TO SHOW CAUSE
In Relation to Certificate of Title No. 230028 issued for land in the County of Ramsey
and State of Minnesota legally described as:
Lot 4 and the North %2 of Lot 5, Block 3, Gracelon's Addition to St. Paul. There are no
memorials on said certificate of title affecting this proceeding.
In Relation to Certificate of Title No. 364425 issued for land in the County of Ramsey
and State of Minnesota legally described as:
The South '/2 Lot 5 and Lot 6, Block 3, Gracelon's Addition to St. Paul. There are no
memorials on said certificate of title affecting this proceeding.
In Relation to Certificate of Title No. 292514 issued for land in the County of Ramsey
and State of Minnesota legally described as:
Lot 7 and the North '/ of Lot 8, Block 3, Gracelon's Addition to St. Paul. There are no
memorials on said certificate of title affecting this proceeding.
In Relation to Certificate of Title No. 518218 issued for land in the County of Ramsey
and State of Minnesota legally described as:
The South '/ Lot 8 and Lot 9, Block 3, Gracelon's Addition to St. Paul. There are no
memorials on said certificate of title affecting this proceeding.
TO ALL PARTIES WITH AN INTEREST IN THIS REAL ESTATE, PARTICULARLY:
Peter Karkoc and Lucy Karkoc
Daniel C. Gurnnit and Linda J. Kuusisto
Hugh R. Currie and Sharon A. Currie
John Mulhem and Rebecca Schatz
City of Lauderdale
IT IS HEREBY ORDERED that unless you appear before this Court on the 15th
day of October, 2003, at 2:00 P.M. in Room 330 (Rock Room) of the Ramsey County
Government Center West, 50 W. Kellogg Blvd., St. Paul, Minnesota, to make a valid
objection, the Court will enter the following Order:
The Registrar of Titles of Ramsey County is directed to show by recital on Certificates of
Title 230028, 364425, 292514, and 518218 and any successor certificates the following
phrase: "Subject to a public street dedicated by use and legally described as shown in the
Order filed as Document
IT IS FURTHER ORDERED that this Order be served: (a) at least 7 days prior to
such hearing upon all of the above named parties residing in this State in the manner
provided by law for the service of a Summons in a Civil action; (b) at least 10 days prior
to such hearing upon any of the above named parties not residing in this State by
sending.a copy of this Order by registered or certified mail, return receipt, to each of
such parties at his/her post office address; (c) upon any of the above named parties
who cannot be found by two weeks published notice and at least 10 days prior to the
hearing by sending a copy of this Order by First Class mail to each of such parties at
his/her last known address and at his/her address as stated on the Certificate of Title if
his/her address is so stated.
DATED: G - T) , C)
JUDGE OF D T
Entry of this Order to Show Cause is recommended.
ROBERT BEUTE'/, E?G�MINER OF TITLES
By
ATTORNEY FOR PETITIONER:
Thomas P. Balyk (442X)
ADDRESS OF ATTORNEY:
TELEPHONE •NO. :
1327 County Road D
St. Paul, Minnesota 55109
(651)255-0088
CITY OF LAUDERDALE
MEMORANDUM
TO:
Mayor and Council Members
FROM:
Kevin Walsh, Deputy Clerk
SUBJECT:
Accepting a bid for the generator
DATE:
October 14, 2003
BACKGROUND
The City of Lauderdale, due to the removal of the lift stations, has had two generators
and pumps for sale in various trade magazines and the League of MN Cities Bulletin.
The City of Ashby has agreed to pay $6,100 for one of the generators.
A second bid the City received was from Braun Pump who wanted "all or nothing"—the
two generators and pumps for a total of $6000. A third bid was submitted by Thomas
Utsch for the two generators at $2500 (6 cylinder) and $2200 (4 cylinder) .
The proposal from the City of Ashby, Braun Pump, and Thomas Utsch are included in
the packet.
The $2200 bid amount for the second generator seems a bit low. City staff could
instead, re -advertise in the League Bulletin free of charge and hope for a higher bid.
COUNCIL ACTION REQUESTED
Consider accepting the highest bid from the City of Ashby in the amount of $6100.00.
Consider rejecting the bids from Braun Pump and Thomas Utsch.
y
203 Main Street Phone: (218) 747-2876
PO Box 320 Fax: (218) 747-2886
Ashby, MN 56309 email: ashbycit@prtel.com
September 22, 2003
City of Lauderdale
1891 Walnut Street
Lauderdale, MN 55113
Attn: Public Works Director David Hinrichs
The City of Ashby, MN wishes to submit a bid for the 1999 35 kw generator model # N35FJG4 in the
amount of $6,100 provided that this unit comes with the automatic power transfer switch gear and panel.
Sincerely,
aP4aulicher
Public Works Superintendent
Ashby is an equal opportunity Service Provider
^AWG• a <VV,, 41[li R1 v11 i�-V i.r rV01r '111V �-'1)ri I n\JL
BRAUNU CONTROLS, INC.
Facsimile
TRANSMITTAL
To:
Dave Hinrichs
With:
City of Lauderdale
Fax #:
651-631-2066
Re:
Bids for Used Equipment
Date:
8/19/03
Pages:
1, including cover page
We offer the 1<)llowing purchase prices for the equipment you wish to sell.
(1) Kato -Lite Generator Model N35F 364 $2,500.00
(1) Kato -(Ate Generator Model N25F 1G4 $2,500.00
(4) Flygt Pumps two 10.5HP & two 5HP $1,000.00
(2) Control Panels
All of the items are subject to inspection Before final purchase,
Regards,
Dave Braun
I'II'll •VVV.1 r
rrom the desk of....
RAVE BRAUN
BRAUN PUMP & CONTROLS, INC
1574 3 AVE $W, SUITE 2
NEW PRAGUE MN 56071
952-756.6600
FAX 952-758-7776
braunpmptPbeveomm.net
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Lauderdale City Council Memorandum
Council Meeting Date: October 14, 2003
To: Mayor and City Council
From: Rick Getschow, City Administrator
Agenda Item: Move November 11th Council meeting to November 12fth
The regular Council meeting scheduled for the second Tuesday of the month in
November (November 11, 2003) falls on Veteran's Day. Since the city cannot conduct
business or hold a meeting on that date, action is needed to move the date of this meeting.
A preferred date to move the meeting to is the next day- Wednesday, November 12th.
Since Wednesday is the last legal date that the Council can certify the results of the
November 4th election, a date past Wednesday, November 12th should not be chosen.
Following action by the Council to move the meeting, a notice will be placed in the
official paper indicating the date change.
There is already a presentation tentatively scheduled for a Wednesday meeting by our
City Prosecutor, so it is important that you let me know as soon as possible if this
proposed date does not work for you.
COUNCIL ACTION REQUESTED:
Motion to approve the City Council regular meeting date change from November 11,
2003 to November 12, 2003.
Lauderdale City Council Memorandum
Council Meeting Date: October 14, 2003
To: Mayor and City Council
From: Rick Getschow, City Administrator
Agenda Item: Work Session Discussion Items:
A. DNR "Management of Shorelines" setback
regulations
a Parking Ordinance
C. Social Room/Kitchen Window Replacement
BACKGROUND:
The following are the items for discussion at the work session that follows the regular
meeting:
A. DNR "Management of Shorelines" setback reLynlations. Another issue that has arisen
with this Karkoc property is a shoreline setback that exists through the city's adoption of the DNR
standards for shoreline management. The City adopted a Storm water Management Ordinance in
1997. In the wetland section, of that ordinance, the following language exists:
Redevelopment along the south end of Walsh Lake (DNR waterbody 214Yi9 shall be done
following MNDNR standards for "Management of Shorelines ".
In the DNR shoreline document, the setback for residential development from a DNR
water body is 50 feet from the ordinary high water level (OHWL). Representatives of the
Karkoc property have stated that since the City does not possess its own shoreline setback
in its zoning ordinance, simply adopting the DNR standard may not be sufficient. They
felt that the watershed district, not the City, should enforce this DNR setback.
At the meeting, we will need discuss the following questions related to this issue:
1. Is it the Council's intent to regulate the DNR shoreline setback of 50 feet?
2. Is the enforcement of the DNR setback legally defensible through the storm
water management ordinance? or
3. Should this setback be a city -adopted setback that is placed in the zoning
ordinance?
The City Attorney will either be present at the meeting or will provide further input that
can be presented to the Council on this issue.
B. Parking Ordinance. The intent is to discuss the parking ordinance as it relates
to the street parking of large recreational vehicles. The current parking ordinance states
that a "house trailer, mobile home, vacation trailer, vacation bus, boat trailer, or similar
recreation vehicle more then 20 feet in length" may be parked on the city street for more
than 3 consecutive days or 30 calendar days in a year.
The Police Department has had an issue this summer whereby boats of 16-18 feet in
length are basically allowed to be parked on the street at all times, while boats of 20 feet
or more are not. We have not been able to gauge the logic of why 20 feet was enacted as
a benchmark. The Police Department and some residents have stated that the 20 -foot
length regulation should possibly be eliminated and the ordinance should regulate
parking for all recreational vehicles in the same manner. Either all boats can be parked
on the street indefinitely or no boats can be parked on the street indefinitely and must
abide by the 3 day/30 day rule.
I have included the entire parking ordinance in this packet for your review and have
highlighted the affected area.
C. Social Room/Kitchen Window Replacement. I would like to discuss the
potential replacement of the windows in the social room and the kitchen. This is a
follow-up to the work session budget discussions that occurred on this issue.
LA605
CHAPTER 1
PARKING RESTRICTIONS
SECTION:
6-1-1: Purpose
6-1-2: Definitions
6-1-3: Powers Of City Council
6-1-4: General Parking Restrictions
6-1-5: Special Parking Allowances
6-1-6: Seasonal Parking Restrictions
6-1-7: Penalty
6-1-1: PURPOSE:
6-1 (1)
A. To help establish the most efficient, equitable and safe use
of the City's roadways, highways, and parking.
B. To enable the City Council to achieve the above. (Ord. 16,
4-27-1993)
6-1-2: DEFINITIONS:
Any term used in this Chapter and defined in Minnesota Statutes
section 169.01 has the meaning given to it by that section. The
following words shall have the meanings ascribed to them in this
Section:
BOULEVARD: The property owned by the City which is
between the edge of the roadway and the
homeowner's property line.
DRIVEWAY: A private roadway providing access for
vehicles to a parking space in the side or
rear yard of the property, garage, dwelling
or other structure in the side or rear of the
property. (Ord. 16, 4-27-1993)
1. M.S.A. § 412.211, subd. 6.
LA605
6-1-3: POWERS OF CITY COUNCIL:
6-1 (2)
The City Council may designate, by resolution, no parking or
limited parking zones within the City for the purpose of
facilitating snow removal or street maintenance, aiding emergency
vehicle access or the unimpeded flow of traffic, or promoting any
other public purpose. The City Council shall cause signs to be
posted at the zones which indicate the applicable limitations on
parking. The City Council may include the entire City within a
zone, may limit application of the zone regulations to specific
times of the year or climatic conditions, and shall provide for
placing appropriate signs generally throughout a zone. (Ord. 48,
11-24-1986)
In addition, the City Council may, by resolution, designate
certain streets or portions of streets as no parking or as zones
for parking by physically handicapped persons and may limit the
hours and dates in which the restrictions apply. The City shall
mark by appropriate signs each zone so designated. No vehicle
shall be parked in a no parking zone during hours when parking is
prohibited except as permitted by State law. (Ord. 16, 4-27-1993;
1996 Code)
6-1-4: GENERAL PARKING RESTRICTIONS:
A. Obstruct Pickup And Delivery Of Mail: No person shall park a
vehicle upon any street or highway so as to obstruct the pickup
and delivery of mail by postal employees.
B. Prohibited Parking: No person shall park a vehicle upon any
street or highway at times when, and in locations where, such
parking is prohibited.
C. Time Limitations For Trucks: No truck with a capacity of over
two (2) tons shall be parked on any street for more than ninety
(90) minutes, or for the time necessary to load or unload such
truck.
2. Construction Equipment And Machinery: Construction
equipment or machinery except when such construction
equipment or machinery is necessarily located at such place
to make road or utility repairs.
LA605
E. Permitted Exterior Parking:
6-1 (3)
1. Front Yards: Exterior parking in front yards shall be
limited to the driveway, thereon only currently licensed and
operable vehicles twenty feet (201) or under, with a
passenger capacity of nine (9) or less, and trucks not
exceeding three-quarter (3/4) ton, may be parked.
2. Side And Back Yards: Exterior parking for vehicles over
twenty feet (201) may only occur in the side and back yards
and only if currently licensed and operable.
F. Parking On Boulevards: No vehicle shall be parked on any
boulevard adjacent to a public street.
6-1-5: SPECIAL PARKING ALLOWANCES:
A. Handicapped Parking: No person shall park, obstruct or occupy
with a motor vehicle any parking space, on public or private
property, designed and posted as parking space for handicapped
persons pursuant to the State Building Code, or Rules and
Regulations of the State Fire Marshall, or pursuant to Minnesota
Statutes section 169.346 unless such vehicle has prominently
displayed upon it an insignia or certificate issued by the
Division of Vehicles in the State Department of Public Safety
pursuant to Minnesota Statutes section 169.345 subdivision (3).
B. Fire Lanes:
1. Authority To Establish: The Fire Chief or his designate
is hereby authorized to order the establishment of fire
lanes on public or private property as may be necessary in
order that the travel of fire equipment may not be
interfered with, and that access to fire hydrants or
buildings may not be obstructed.
2. Erection Of Signs: When a fire lane has been established,
it shall be marked with a sign or signs bearing the words
"No Parking - Fire Lane" or similar message.
a. Public Property: When the fire lane is on public
property or public right of way, the sign or signs
shall be erected by the City.
b. Private Property: When on private property, the
signs shall be erected by the owner at his own expense
within thirty (30) days after he has been notified of
the order. Failure to erect the sign or signs within
such period is a misdemeanor. (Ord. 16, 4-27-1993)
3. Obstruction Prohibited: After a sign or signs have been
erected in accordance with subsection B2 of this Section, no
person shall park a vehicle or otherwise obstruct the fire
lane.
LA605 6-1 (4)
4. Fire Hydrant Or Fire Appliance: No person shall keep
posts, fences, growth, or other material nor park any
vehicle near any fire hydrant or fire appliance that would
prevent such hydrant or appliance from being immediately
discernible or in any other manner deter or hinder the Fire
Department from being able to gain immediate access to a
fire hydrant or fire appliance. (Ord. 68, 3-15-1978)
6-1-6: SEASONAL PARKING RESTRICTIONS:
A. Odd/Even Winter Parking: Parking on City streets north of
Larpenteur Avenue, with the exception of Fulham Street, shall be
subject to the following alternate side regulations from December
1 through March 15 of the following year.
1. Even -Numbered Years: Motor vehicles may be parked only on
the even side of the street during any winter parking season
in which the start of the winter parking season falls on an
even number year (east side of north -south streets, south
side of east -west streets).
2. Odd -Numbered Years: Motor vehicles may be parked only on
the odd side of the street during any winter parking season
in which the start of the winter parking season falls on an
odd number year (west side of north -south streets, north
side of east -west streets).
3. Beginning Of Season: Each winter parking season shall be
deemed to begin at nine o'clock (9:00) A.M. on December 1.
(Ord. 16, 4-27-1993)
4. Parking Amnesty Zone:
a. Created: The City hereby creates a parking amnesty
zone along both sides of Walnut from Ione to the end of
the Peace Lutheran Church property as it currently
exists and along both sides of Ione west of Malvern.
b. Hours Of Amnesty: Cars parked within the parking
amnesty zone shall not be ticketed due to odd/even
parking restrictions on Sunday morning between nine
o'clock (9:00) A.M. and one o'clock (1:00) P.M. (Ord.
16, 4-27-1993; amd. 1-9-1996)
5. Handicapped Parking Exempted: The City hereby exempts
from odd/even winter parking restrictions any vehicle parked
at a handicapped parking space; provided, that the vehicle
displays the proper handicapped insignia. (Ord. 16,
4-27-1993; amd. 1-9-1996)
LA605 6-1 (5)
B. Restrictions After Two -Inch Snowfall: No person shall park any
vehicle on any street for a period of forty eight (48) hours,
commencing immediately after two inches (211) or more of
continuous snowfall, or until snow removal has been completed on
that street, whichever occurs first. (Ord. 16, 4-27-1993)
6-1-7: PENALTY:
A. Fine: Any person convicted of violating any provision of this
Chapter, not otherwise stated, is guilty of a petty misdemeanor
and shall be subject to penalty as provided in Section 1-4-1 of
this Code.
B. Impoundment: If a vehicle is parked or left standing on a
street in violation of any resolution adopted by the City Council
pursuant to this Chapter or any part of this Chapter not
otherwise specified, the vehicle may be removed and impounded by
or at the direction of the City and the expense thereof may be
charged by the City against the owner of the vehicle. The cost of
removing and storing the vehicle, in addition to any fine imposed
for violation of this Chapter, shall be paid before the vehicle
is restored to the owner. (Ord. 16, 4-27-1993; 1996 Code)
C. Additional Remedies: Removal of a vehicle by or under the
direction of the City pursuant to this Chapter shall not prevent
prosecution of the owner thereof for violation of this or any
other ordinance.
D. Violation; Penalty: Any person violating any provision of this
Chapter shall be guilty of a misdemeanor. Each day a violation
continues shall constitute a separate offense. (Ord. 48,
11-24-1986)
CITY OF LAUDERDALE
MEMORANDUM
TO:
Mayor and Council Members
FROM:
Kevin Walsh, Deputy Clerk
SUBJECT:
Alcoholic beverages
DATE:
October 14, 2003
BACKGROUND
As you know, The Saint Anthony Police Department conducts alcohol compliance
checks on licensed Lauderdale businesses on a regular basis pursuant to State
Statutes. The Super USA recently failed their compliance check. Chapter two of the
City Code reads that, "it shall be unlawful to sell such non -intoxicating malt liquor to any
person under twenty one (21) years of age.
The Code also states that, "the conviction of the licensee ... or employee... shall be
sufficient cause for the City Council to revoke any license issued to such licensee."
It seems that the language in the current ordinance is a bit arbitrary. Since Lauderdale
does not have such a civil penalty provision in our liquor control ordinance, it may be
worthwhile to look at some options. At this point, the Council has the option to revoke a
license after one (1) violation or twenty (20) violations. It might be more reasonable to
set a "schedule" of violation penalties. For example, the City of Falcon Heights will fine
the license holder $500 for the first offense of selling alcoholic beverages to an under-
age person.
Included are examples of penalties for violations from the cities of Falcon Heights, St.
Anthony, and Little Canada. Also, the League of MN Cities liquor revocation and
suspension policy and the current Lauderdale policy are included.
a
LA605
CHAPTER 2
LIQUOR CONTROL
SECTION:
3-2--1: Definitions
3-2--2: License Required
3-2--3: Application
3-2--4: License Fee
3-2--5: Limited On Sale License
3-2--6: Investigation
3-2--7: Term Of License
3-2--8: Hours Of Sale Restricted
3-2--9: Prohibited Acts
3-2-10: Music, Hours Restricted
3-2-11: Licensee Liability
3-2-12: Taverns Prohibited
3-2-13: Sale And Delivery In Original Package
3-2-14: Revocation Of License
3-2-15: Violation !2R!
3-2-1: DEFINITIONS:
3-2 (1)
As used in this Chapter, the following words and terms shall have
the meanings ascribed to them in this Section:
!DEF! INTOXICATING LIQUOR: Ethyl alcohol, distilled, fermented,
spirituous, vinous, and malt beverages containing more than three
and two-tenths percent (3.2%) of alcohol by weight.
NONINTOXICATING MALT LIQUOR: Malt liquor containing not less than
one-half of one percent (0.5%) alcohol by volume nor more than
three and two-tenths percent (3.2%) alcohol by weight.
TAVERN: Every place used, maintained, advertised or held out to
be a place where nonintoxicating liquor is sold for consumption
on or off such premises and in addition to such sale of
nonintoxicating liquor also provides dancing, singing or
vaudeville performance or entertainment for its guests or
provides for them the privilege of dancing. (Ord. 6, 7-25-1989;
1996 Code) !DEFEND!
3-2-2: LICENSE REQUIRED:
A. General Requirement: It shall be unlawful to sell
nonintoxicating malt liquors at retail, except when licensed as
hereinafter provided.
B. Types Of Licenses: There shall be two (2) types of licenses
issued for the sale of nonintoxicating liquors as hereinafter set
out:
1. On Sale Licenses: On sale licenses shall permit the licensee
LA605 3-2 (2)
to sell nonintoxicating malt liquor for consumption on the
premises.
2. Off Sale Licenses: Off sale licenses shall permit the licensee
to sell nonintoxicating malt liquor in original packages for
consumption off the premises only. (Ord. 6, 7-25-1989)
3-2-3: APPLICATION:
Any person desiring either of the licenses hereinbefore described
shall first make an application therefor to the City Council by
filing with the City Administrator, for presentation by him to
the Council, an application in writing which shall set forth with
reasonable accuracy the name and place of residence of the
applicant, the exact location of the place at which the applicant
proposes to carry on the business of selling nonintoxicating malt
liquor, and whether or not the applicant has, at any time
previous to the date thereof, been engaged in such business and,
if so, when and where. Such application shall be signed by the
applicant or by an officer of the corporation seeking the license
and, when received, shall be placed on file and shall be
presented to the Council at its next regular meeting. (Ord. 6,
7-25-1989; 1996 Code)
3-2-4: LICENSE FEE:
A. Fee: At the time of filing an application for either of the
licenses hereinbefore provided for, the applicant shall deposit
with the City Administrator a fee in the amount established by
the City Council by resolution from time to time.
B. Receipt: The City Administrator shall thereupon deliver to
such applicant duplicate receipts therefor containing a statement
of the purpose for which said deposit was made. One of such
receipts shall be attached to and filed with such application.
C. Proration: For a period shorter than one year, the license
fees shall be the full amount. (Ord. 6, 7-25-1989; 1996 Code)
3-2-5: LIMITED ON SALE LICENSE:
A. License Required: A limited on sale license may be issued to
any person, bona fide club or organization, or for the conduct of
an organized activity in a public park as provided in Title 7,
Chapter 1 of this Code, upon application to the Administrator and
compliance with Sections 3-2-3 and 3-2-4 of this Chapter.
B. License Fee: The fee for a limited on sale license shall be in
the amount established by the City Council by resolution from
time to time.
C. Term Of License: The license permits sale of nonintoxicating
malt liquor for a period of no more than twelve (12) consecutive
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3-2 (3)
hours during one day of any license year. (Ord. 6, 7-25-1989;
1996 Code)
3-2-6: INVESTIGATION 1:
The Council shall direct such investigation of said application
as it may deem necessary and the applicant shall permit the
representatives of any City department to inspect and examine the
place of business described in the application together with all
the appliances and instruments used or to be used in the
transaction of the business for which the license is sought, and
upon receipt of such report the Council shall thereafter consider
the application and grant or deny the same. (Ord. 6, 7-25-1989)
3-2-7: TERM OF LICENSE:
Licenses herein provided for shall expire on July 1 following the
date of issuance. (Ord. 6, 7-25-1989)
3-2-8: HOURS OF SALE RESTRICTED:
No nonintoxicating malt liquor shall be sold either on sale or
off sale between the hours of one o'clock (1:00) A.M. and eight
o'clock (8:00) A.M. on the days of Monday through Saturday nor
between the hours of one o'clock (1:00) A.M. and twelve (12:00)
noon on Sundays. No on sale licensee shall permit any such
nonintoxicating malt liquor to be consumed on his or her premises
during the hours when the sale thereof is prohibited by this
Chapter. (Ord. 6, 7-25-1989)
3-2-9: PROHIBITED ACTS:
A. Sale To Minors: It shall be unlawful to sell such
nonintoxicating malt liquor to any person under twenty one (21)
years of age.
B. Dancing; Entertainment: Dancing wherein the public
participates, and dancing, singing and other vaudeville
exhibition for entertainment are hereby and at all times
prohibited on the premises of any on sale licensee.
C. Intoxicating Liquor:
1. It shall be unlawful for any person duly licensed to sell
nonintoxicating malt liquor but not duly licensed to sell
intoxicating liquor, or for any of his agents, servants or
employees, to have in their possession on said licensed premises
intoxicating liquor for the purpose of consumption by anyone.
2. It shall be unlawful for such licensee, his agents, servants
1. See also subsection 2-4-2B2 of this Code.
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3-2 (4)
or employees to permit the consumption of intoxicating liquor
upon said premises. (Ord. 6, 7-25-1989)
3-2-10: MUSIC, HOURS RESTRICTED:
All music, by whatever means provided, is hereby prohibited upon
the premises of any on sale licensee between the hours of nine
o'clock (9:00) P.M. of any one day and nine o'clock (9:00) A.M.
of the following day, provided that an on sale licensee is hereby
permitted to operate a radio or similar device and obtain music
therefrom between said hours of nine o'clock (9:00) P.M. and nine
o'clock (9:00) A.M.; provided further, that the tone of such
radio is modulated so as not to annoy the occupants of nearby
premises. The failure of any on sale licensee using a radio or
similar device between said hours to keep the same from becoming
a nuisance to occupants of nearby premises shall be deemed
sufficient cause in the discretion of the Council to revoke his
or her license to sell, such nonintoxicating malt liquors. (Ord.
6, 7-25-1989; 1996 Code)
3-2-11: LICENSEE LIABILITY:
Any act of any clerk, barkeeper, agent, servant or employee in
violation hereof shall be deemed the act of the employer and
licensee of such place as well as that of said clerk, barkeeper,
agent, servant or employee, and every such employer and licensee
shall be liable to all the penalties provided herein for the
violation of same equally with the sales clerk, barkeeper, agent,
servant or employee. (Ord. 6, 7-25-1989)
3-2-12: TAVERNS PROHIBITED:
It shall be unlawful for any person to keep or operate a tavern
within the limits of the City. (Ord. 6, 7-25-1989)
3-2-13: SALE AND DELIVERY IN ORIGINAL PACKAGE:
Nothing herein contained shall be construed to prohibit the sale
and delivery in original packages direct to the consumer by the
manufacturer or distributor of nonintoxicating malt liquors.
(Ord. 6, 7-25-1989)
3-2-14: REVOCATION OF LICENSE:
The conviction of the licensee or of any clerk, barkeeper, agent,
servant or employee of said licensee on the violation of this
Chapter shall be sufficient cause for the City Council to revoke
any license issued to such licensee.. (Ord. 6, 7-25-1989)
3-2-15: VIOLATION:
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3-2 (5)
Any person violating any of the provisions of this Chapter shall
be guilty of a misdemeanor. (Ord. 6, 7-25-1989)
#4 61141M
703. INTOXICATING LIQUOR
703.010. LICENSE REQUIRED. It shall be unlawful for any person, firm or corporation to
keep or operate an on -sale or off -sale of intoxicating liquor establishment within the limits of the
City without first having obtained a license to do so as hereinafter provided.
703.020. TYPES OF LICENSES. There shall be four (4) types of licenses issued for the
sale of intoxicating liquor, namely:
(a) On -Sale restaurant licenses shall permit the licensee to sell intoxicating liquor for
consumption on the premises in conjunction with the consumption of food.
(b) On -sale intoxicating liquor license shall permitthe sale of intoxicating or 3.2 percent
malt liquor in conjunction with dancing, singing, or vaudeville performances or entertainment for its
guests.
(c) Off -sale intoxicating liquor license shall permit the licensee to sell intoxicating liquor
in original packages for consumption off the premises only.
(d) Temporary on -sale intoxicating liquor licenses shall permit the licensee to sell
intoxicating liquor for a specified period pursuant to Section 703.110.
703.030. MINIMUM STANDARDS FOR "ON -SALE RESTAURANT' INTOXICATING
LIQUOR LICENSE. The following minimum requirements must be satisfied prior to the issuance
of an "On -sale Restaurant" intoxicating liquor license.
(1) Initial Investment. An applicant for an "on -sale restaurant" license must initially
invest or propose to invest in the business a minimum of Three Hundred Fifteen Thousand Dollars
($315,000.00), including all fees, site development, utilities, furnishings, fixtures and construction
costs based upon 1999 construction costs. The required amount shall be periodically adjusted
upward or downward by amendment to this section to reflect changes in construction costs as
reflected in commonly accepted construction costs indices. In the case of multi-purpose buildings
such as shopping centers, motels, hotels, and the like, only that portion of the building directly
attributable to the preparation, handling, storing, consumption or serving of food and liquor shall be
considered in determining the value of the investment. In the event that a license is proposed for an
existing structure, the value shall be determined by review of documents evidencing a sale of the
property within the twelve (12) months preceding issuance of a license for the property in question.
All documented costs associated with the renovation and furnishing of the property may be added to
the purchase price when evaluating compliance with the initial investment requirement. An
applicant holding a leasehold interest in property may also use the fair market value of the property
for real estate tax purposes as determined by the City Assessor in the year the license is first issued
for determining whether the initial investment requirement has been satisfied. An applicant
purchasing an existing licensed business and requesting a license transfer must establish that the fair
market value of the business equals the amount of the initial investment required hereunder. The
703-1
Council may provide for an independent appraisal at applicant's expense, as an aid in determining
the investment or the value of said business. In the event this requirement as to investment is not
complied with within one year from the date of issuance of the license, the license may be revoked
orsuspended.
(2) Building Area, A restaurant building containing a minimum of 1,500 square feet
used for seated dining purposes, including the bar area but excluding the area used for kitchen,
storage, restroom facilities, waiting areas, and entrance and exit purposes.
(3) Seating CapacitX. A restaurant building having appropriate facilities and adequate
staff to serve meals at tables and, for seating not less than 90 guests at one time for meals, including
seating available for food service in the bar area but excluding seating in a lounge or waiting area.
(4) Maximum Liquor Sales. The sale of intoxicating liquor, wine or 3.2 percent malt
beverages shall not exceed 40 percent of the restaurant's gross yearly sales. Evidence of compliance
with this requirement shall be furnished by licensee with annual renewal information submitted to
City.
703.040. WRITTEN APPLICATION.
(1) Every application for a license to sell intoxicating liquor shall be made to the City
Administrator on a form supplied by the City and containing such information as the City
Administrator for the City Council shall require. Each application shall include, at a minimum, the
name and place of residence of the applicant, the exact location of the place at which the applicant
proposes to carry on the business of selling 3.2 percent malt liquor, and whether or not he or she has
at any time previous to the date thereof been engaged in said business or in the business of selling
food stuffs in the City, and if so, when and where. It shall be unlawful to make any false statement
in an application. Every application for the issuance or renewal of a license shall include a copy of
each Summons received by the applicant under Minnesota Statutes Section 340A.082 during the
preceding years.
(2) Temporary On -Sale License. Temporary On -Sale licenses shall be issued only to
clubs or charitable religious, or other nonprofit organizations in existence for at least three (3) years
prior to the date of application. Proof of eligibility must accompany an application for Temporary
On -Sale license. Applications shall be made thirty (30) days in advance on forms prescribed by the
City Administrator. No licenses shall be valid prior to approval by the Commissioner of Public
Safety. The application must state the days of sale for which a license is requested, and a new
application must be completed and submitted for each additional period. The minimum requirement
for proof of financial responsibility may be given by filing:
(a) a certificate that there is in effect for the license period an insurance policy or
pool providing at least $50,000 of coverage because of bodily injury to any one person in any one
occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence,
$10,000 because of injury to or destruction of property of others in anyone occurrence, $50,000 for
703-2
loss of means of support of any one person in any one occurrence, and $100,000 for loss of means of
support of two or more persons in any one occurrence; or
(b) a bond of a surety company with minimum coverages as provided in
paragraph (a); or
(c) a certificate of the state treasurer that the licensee has deposited with the state
treasurer $300,000 in cash or securities which may legally be purchased by savings banks or for trust
funds having a market value of $300,000.
(3) Off -Sale License. An off -sale license may only be granted to an exclusive liquor
store.
(4) On -Sale Intoxicating Liquor License. Each license shall state whether or not the
applicant proposes to afford the privilege of dancing to his or her guests or whether vaudeville
entertainment will be afforded or whether both will be provided. In case the applicant proposes to
afford the public the privilege of dancing, the application shall set forth the amount of floor space
available which the applicant proposes to maintain for dancing purposes.
(5) On -Sale Restaurant Intoxicating Liquor License. Each application and "On -Sale
Restaurant" intoxicating liquor license shall include sufficient evidence to confirm that the applicant
has satisfied the requirements of Section 703.030 of this Chapter.
(6) Proof of Financial Responsibility. Prior to the issuance of an intoxicating liquor
license, the applicant shall demonstrate proof of financial responsibility as defined in Minnesota
Statutes Section 340A.409, Subdivision 1, with reference to liability under Minnesota Statutes
Section 340A.801. The applicant shall demonstrate that such proof has been filed with the
Commissioner of Public Safety where required under Minnesota Statutes Section 340A.409. Proof
of financial responsibility shall be required prior to the issuance of any intoxicating liquor license,
including temporary on -sale licenses, regardless of the provisions of Minnesota Statutes Section
340A.409, Subdivision 4. Any liability insurance policy filed as proof of financial responsibility
under this subdivision shall conform to the requirements of Minnesota Statutes Section 340A.409.
The minimum requirement for proof of financial responsibility may be given by filing:
(a) a certificate that there is in effect for the license period an insurance policy or
pool providing at least $50,000 of coverage because of bodily injury to any one person in any one
occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence,
$10,000 because of injury to or destruction of property of others in anyone occurrence, $50,000 for
loss of means of support of any one person in any one occurrence, and $100,000 for loss of means of
support of two or more persons in any one occurrence; or
(b) a bond of a surety company with minimum coverages as provided in
paragraph (a); or
703-3
(c) a certificate of the state treasurer that the licensee has deposited with the state
treasurer $100,000 in cash or securities which may legally be purchased by savings banks or for trust
funds having a market value of $100,000.
(7) Approval of Security. Liability insurance policies required by this Chapter shall be
approved as to form by the City Attorney. Operation of a business licensed by this ordinance
without having on file with the State Insurance Commissioner or the City at all times effective
security as required in Subdivision 2 is cause for immediate revocation or suspension of the license.
(8) Special Event on City Property: A liability insurance policy for a special event to be
held on City property shall -name the City as an additional insured.
703.050. LICENSE FEES.
(1) Each application for a license shall be accompanied by a receipt 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 shall refund the amount paid.
(2) Every license except a temporary license shall run for a period of one (1) year from
July 1 of each year. A temporary on -sale license shall run for a specified period pursuant to Section
703.110. 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 a fee, any unexpired
fraction of a month shall be counted as one (1) month.
(3) The license fees for an on -sale restaurant intoxicating liquor license, on -sale
intoxicating liquor license, off -sale license, and a temporary on -sale license shall be as set forth by
City Council resolution.
703.060. INSPECTION OF PREMISES. The Council shall direct such investigation of
said application as it may deem necessary, and each application shall require written consent
permitting the representatives of any City Department to inspect and examine the place of business
described in the application together with all the appliances and instruments used or to be used in the
transaction of the business for which a license is sought, and upon receipt of such report the Council
shall thereafter consider the application to grant or deny the same.
703.070. INVESTIGATION FEE. A non-refundable investigation fee of Five Hundred
Dollars ($500.00) shall be submitted with each initial application for an on -sale intoxicating liquor
license. No investigation fee is required when the applicant has previously qualified for a 3.2
percent or intoxicating liquor license within the City of Little Canada.
703.080. APPROVAL OR DENIAL OF LICENSE APPLICATION.
(1) The City Council shall investigate all facts set out in the application. The
investigation shall include an inspection of the premises by the local Fire Chief and a search to
703-4
determine whether or not the applicant has a police record. After such investigation and hearing, the
Council shall grant or refuse the application in its discretion.
(2) Each license shall be issued to the applicant only and shall not be transferrable 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. Upon the death of
an intoxicating liquor license, his or her personal representative may continue operation of the
business within the terms of the license for a period of up to but not exceeding 90 days.
703.090. PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to or
held by any person who:
(1) Is under 21 years of age;
(2) Has, within five (5) years prior to the application for such license, been convicted of
violating any law of this State or local ordinance relating to the manufacture, sale, distribution, or
possession for sale or distribution of intoxicating or 3.2 percent malt liquor, and cannot show
competent evidence under Minnesota Statutes Section 364.03 of sufficient rehabilitation and present
fitness to perform the duties of an intoxicating liquor licensee;
(3) Is a manufacturer of intoxicating liquor or is interested in the control of any place
where intoxicating liquor is manufactured;
(4) Is not a citizen or resident alien;
(5) Is not of good moral character;
(6) Is not the proprietor of the establishment for which the license is to be issued;
703.100. CONDITIONS OF LICENSE AND GROUNDS FOR SUSPENSION OR
REVOCATION.
(1) Every license shall be granted subject to the conditions in the following paragraphs
and all other provisions of this ordinance and of any other applicable ordinances of City or State law.
(2) Compliance with financial responsibility requirements of State law and of this
ordinance is a continuing condition of any license granted pursuant to this chapter.
(3) No 3.2 percent malt liquor or intoxicating liquor shall be sold or served to any
obviously intoxicated person or to any person under 21 years of age.
(4) No person under the age of 21 years shall be permitted to consume 3.2 percent malt
liquor or intoxicating liquor on a licensed premises.
703-5
(5) No corporation to which a license has been granted shall transfer any stock in such
corporation without the consent of the City Council. The officers of any corporation holding a
license shall notify the City Council of any proposed sale or transfer of any stock in the corporation.
The transfer of any stock without the knowledge and consent of the City Council shall be deemed
sufficient cause for revocation of the license by the Council.
(6) No manufacturer or wholesaler of intoxicating liquor shall have any ownership of, or
interest in, an establishment licensed to sell at retail contrary to the provisions of Minnesota Statutes
Section 340A.301, Subdivision 7. No retail licensee or manufacturer or wholesaler of intoxicating
rty to any exclusive purchase contract. No retail licensee shall receive any
liquor shall be a pa
benefits contrary to law from a manufacturer or wholesaler of intoxicating liquor and no such
manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee.
(7) No person under 18 years of age may serve or sell intoxicating liquor in a retail
intoxicating liquor establishment.
(8) There shall be no dancing, exhibitions or entertainment on the premises of an
intoxicating liquor licensee unless said licensee holds a "Dancing and Entertainment" license, or the
premises are covered by a temporary "on -sale" license.
(9) No intoxicating liquor licensee shall allow music on the premises between the hours
of 9:00 o'clock p.m. and 9:00 o'clock a.m., except where the licensee has obtained a "Dancing and
Entertainment" license, or the premises are covered by a temporary "on -sale" license. Such licensee
shall, however, be permitted to operate a radio or phonograph between the hours of 9:00 o'clock p.m.
and 9:00 o'clock a.m., so long as said radio or phonograph is not an annoyance to occupants of
nearby premises, and does not violate local ordinances and State law defining excessive noise as a
public nuisance.
(10) No licensee shall keep, possess or operate or permit the keeping, possession or
operation of, on any licensed premises, or in any room adjoining the licensed premises, any slot
machine, dice, or any gambling device or apparatus, whether or not said devices are being used in
violation of M.S. 609.755 or 609.76. A blackjack table which is not being used in violation of M.S.
609.755 or 609.76 shall be exempt from this prohibition. No licensee shall permit any gambling on
licensed premises. This Section shall not preclude lawful gambling pursuant to M.S. 349 nor shall it
preclude the possession of properly licensed and registered gambling equipment as defined in M.S.
349.12, Subd. 15. No licensee shall permit the licensed premises or any room therein or any room in
any adjoining building, directly or indirectly under his control, to be used as a resort for prostitutes
or other disorderly persons.
703.110. RESTRICTIONS ON NUMBER OF LICENSES.
(1) The number of "off -sale" licenses within the City shall not exceed three (3) until such
time as the population of the City reaches twenty thousand (20,000) residents. At such time one (1)
additional "off -sale" license shall become available.
703-6
(2) The number of "on -sale" intoxicating liquor licenses issued in the City of Little
Canada shall not exceed four (4), plus the two additional "on -sale" intoxicating liquor licenses
authorized by Chapter 240, 1987 Laws. No more than five (5) on -sale intoxicating liquor licenses
shall be issued and no more than one (1) "on -sale restaurant" intoxicating liquor license shall be
issued.
(3) (a) No more than three four-day, four three-day, or six two-day temporary
licenses, in any combination not to exceed twelve days per year may be issued for the sale of
intoxicating liquor to any one organization or registered political committee, or for any one location,
within a twelve-month period.
(b) No more than one temporary license may be issued for the sale of intoxicating
liquor to any one organization or registered political committee, or for any one location, within any
thirty -day period.
703.120. LIMITATION OF LICENSE.
(1) No license shall be issued for premises located within an area where such use of the
premises is prohibited by the zoning ordinance nor within an area where such sales are forbidden by
State law or any other ordinance of the City.
(2) No license shall be issued for premises located within 800 feet of any school building
or church located within the City. The method of measurement to be used for determining such
distance shall be the shortest distance between the buildings, measured from the point of each
building which is closest to the other building. This restriction shall not apply to premises covered
by a temporary "on -sale" license.
(3) No "off -sale" license shall be issued to a place where 3.2 percent malt liquor is sold
for consumption on the premises.
(4) No license shall be issued to any person in connection with the premises of another to
whom no license could be issued under the provisions of the State Liquor Control Act provided,
however, that this provision shall not prevent the granting of a license to a proper lessee by reason of
the fact that he or she shall lease the premises to a minor, non -citizen or a person who has been
convicted of a crime other than a violation of this Chapter, or violations of State or local gambling
laws.
(5) Not more than one (1) retailers license shall be directly or indirectly issued to any one
person or for any one place in the City, nor shall any retailers "on -sale" or "off -sale" license be
directly or indirectly issued for any place for which a license of another class has been granted.
(6) No more than one license shall be issued to any person in the municipality.
703-7
(7) No retail license to sell alcoholic beverages may be issued or renewed to a club which
discriminates against members or applicants for membership or guests of members on the basis of
race.
703.130. VIOLATION BY AGENT. Every licensee is responsible for the conduct and
the licensed establishment and any sale of alcoholic beverage by any employee authorized to sell
such beverage is the act of the licensee.
703.140. OPERATION HOURS.
(1) No "on -sale" sale of liquor shall be made after one o'clock a.m. on Sunday, nor until
eight o'clock a.m. on Monday, except as provided herein. No such "on -sale" shall be made on
Tuesday, Wednesday, Thursday, Friday or Saturday, between the hours of one o'clock a.m. and eight
o'clock a.m. On Sunday, no such "on -sale" sale shall be made except between the hours of ten
o'clock a.m. and one o'clock a.m. on Monday.
(2) No "off -sale" sales of such liquor shall be made before 8:00 a.m. or after 8:00 p.m. on
Monday, Tuesday, Wednesday and Thursday, and before the hour of 8:00 a.m., or after the hour of
10:00 p.m. on Friday and Saturday, and no such "off -sale" sales of liquor shall be made at any time
on Sunday. No "off -sale" sales shall be made on Thanksgiving Day or on Christmas Day, December
25, or after 8:00 p.m. on Christmas Eve, December 24. "Off sale" sales may be made until 10:00
p.m. on December 31 and July 3, and on the day preceding Thanksgiving Day, unless these days are
a Sunday.
(3) No "on -sale" licensee shall permit the consumption of intoxicating liquor on the
premises during the hours when sale is prohibited, except that the licensee shall be allowed a thirty
minute period following closing to clear the premises. Any customer purchasing intoxicating liquor
prior to 1:00 o'clock a.m. may consume such beverage on the premises until 1:30 o'clock a.m. Under
no circumstances shall any individuals, whether or not customers, other than the owners or
employees of the licensee, be allowed to remain on the premises after 1:30 o'clock a.m.
703.150. EXCEPTIONS OF SALE. This Chapter shall not be construed to prohibit the
sale of wine for sacramental purposes by any person duly licensed by the State Liquor Control
Commissioner, nor shall this Chapter be construed to prohibit the sale of medicine, nor of industrial
alcohol designed for mechanical, chemical, scientific, pharmaceutical or industrial purposes nor to
compound or preparations containing alcohol, if such compounds or preparations are not potable as a
beverage, nor shall it be construed to prohibit the sale of intoxicating liquor for medicinal purposes
by a duly licensed and registered pharmacist or druggist upon a bona fide prescription, in writing, by
a physician or dentist.
703.160. RESTRICTIONS ON PURCHASE AND CONSUMPTION.
(1) The provisions of Minnesota Statutes Section 340A are hereby incorporated by
reference into this ordinance, and the sale, purchase or possession of alcohol contrary to State law
703-8
shall be a violation of this ordinance.
(2) It shall be unlawful for any person to consume intoxicating liquor in any theater,
recreation hall, center, dance hall, ball park, or other place of public gathering used for the purpose
of entertainment, amusement or playing of games, unless the owner or lessee of the property or
sponsor of the event has obtained a license or a permit issued by the Park and Recreation Director, or
his designee.
703.161. GAMBLING DEVICES PROHIBITED. It shall be unlawful for any person duly
licensed to sell intoxicating liquor, to keep, possess or operate or permit the keeping, possession or
operation of, on any licensed premises, any slot machine, dice, blackjack table, or any gambling
device or apparatus, whether or not said devices are being used in violation of M.S. 609.755 or
609.76. A blackjack table which is not being used in violation of M.S. 609.755 or 609.76 shall be
exempt from this prohibition. It shall be unlawful for any licensee to'permit any gambling on
licensed premises. This Section shall not preclude lawful gambling pursuant to M.S. 349 nor shall it
preclude the possession of properly licensed and registered gambling equipment as defined in M.S.
349.12, Subd. 15.
703.170. SUSPENSION AND REVOCATION. The Council shall either suspend for
up to 60 days or revoke any intoxicating liquor license, or impose a civil fine not to exceed
$2,000.00, for each violation upon a finding that the licensee has failed to comply with any
applicable statute, regulation, or ordinance relating to alcoholic beverages. Except in cases of failure
of financial responsibility, no suspension or revocation shall take effect until the licensee has been
afforded an opportunity for a hearing. The lapse of required dram shop insurance or bond, or
withdrawal of a required deposit of cash or security, shall effect an immediate suspension of the
license. Any suspension under this chapter shall continue until the City Council determines that the
financial responsibility requirements of this chapter have met.
703.180. SPECIAL SUNDAY SALE. The holder of an "on -sale" liquor license under the
Code, may apply to the Council for a special license to sell intoxicating liquor in a restaurant on
Sunday, provided that the liquor may be served in conjunction with the sale of food. The application
for such license may be made at the same time and upon the same license as the "on -sale" licensee
uses to apply for his/her regular "on -sale" license. The fee for a special Sunday liquor license shall
be set forth by City Council resolution. No such license shall be issued to any "on -sale" licensee
unless said licensee is operating a benefited restaurant serving meals regularly to the public and
having facilities for serving at least 30 people at one time. No intoxicating liquor shall be served
before 10:00 o'clock a.m. or after 1:00 o'clock a.m. on Sunday.
(Source: Ord. 2, 14, 15, 16, 17, 18, 19, 48, 55, Amended: Ord. 20'43,48,56,87,96,112,
123, 132, 158, 174, 176, 178, 221, 249, 290, 302, 325, 329, 345, 348, 355, 361, 365, 435,
496, 513, 522)
703-9
CIW. T)3R 1.0. ALCOHOLIC i3TVE1AGES
Section 1000 - R1=GULA.TIONS
1000.01 ne_finitions. For purposes of this Corte, the following terms have the following meanings-
Subd. l . Beer. Nonintoxicatin.g malt liquor as defined in Minn. Stat. §340A.101., Subd. 19.
Subd. 2. R g- .urari , An establishment, under the control of a single proprietor, having searing
for at least 50 people with appropriate facilities for serving meals, where meals are regularly
served at tables to the general public, and which employs an adequate staff to provide the usual
and suitable service of such meals.
Subd. 3. Other Terms. Other terms used in this Section will have the meanings given them. in.
Minn. Stat. §340A.101.
1000,02 Licen a Required,
Subd. 1. Intoxicating Li. utl„_A1__. No person may directly or indirectly, on, any pretense or by any
device, sell, barter, keep for sale, or otherwise dispose of intoxicating liquor as part: of a
commercial transaction except an, employee of the City doing so on behalf of the City or except
a person doing so pursuant to an on—sale wine license issued under Section. 1005,
Subd. 2. "On—Sale" agd "Off Sale" Licenses, No person. may sell, vend, deal in. or dispose of,
or keep for sale, any beer within the City without first, having received an appropriate license.
Licenses are of two kinds' "on—sale" and "off sale".
Subd. 3. &exai) On—Sale T..'tcenses. Retail on—sale licenses permit the licensee to sell. beer for
consumption on. the premises only. Except for temporary licenses issued under Subd, 5 of tivs
Subsection, "on --sale" licenses may be granted only to a restaurant.
Subd. 4 Retail. QE—Sale Licenses. Retail off—sale licenses permit the licensee to sell beer in.
original. packages for consumption off the premises only.
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Subd. 5. Tem oraxy License,
(a) The City Council may issue a temporary on. -sale license for the sale of beer to a club or
chartable, religious, or nonprofit organization.
(b) The temporary license may authorize the sale of beer in. any scbool or school. buildings,
(c) Any such temporary license is subject to any terms and conditions established by the
City Council, in granting the license.
1.000.03 Application. for license. An application for a license to sell beer must be made on a form
supplied by the Clerk. The application must include the name of the applicant, applicant's age,
representations as to applicant's character and any references required, citizenship status, the address
and legal description of the premises to be licensed, the names of all. owners of the premises and
operator of the business, the period applicant has been in business at such location, and such other
information as the Council may require from time to time. It is unlawful to make any false statement in
the application.
1004.44 F.e_1. Applications for licenses must be accompanied by the license fee set forth in.
Subsection- 615,06. All. fees will he paid into the general hind of the City. Upon rejection of any
application for a license, the amount paid will. be refunded.
1000.05 Granting of Licenses. The Council. may require an. investigation to be made of the facts set
forth inthe application. After the investigation, the Council may grant or refuse the license in its
discretion.. All licensed premises must have th.e license posted in a. conspicuous place at all times.
1000.06 Conditions of Licenses.
Subd. 1. Condizi_ons of Licenses, In addition to all applicable state laws, other provisions of
this Section. andany other applicable sections of this Code, all licenses are subject to the
conditions set fort'i in the following subdivisions.
Subd. 2. Iss aance. Except for temporary licenses issued under Subsection 1000.02, Subd. 5,
license will be issued only to a person qualified under Minn,. Stat, §340A.401 and who is the
proprietor of the esta.bfishm.ent for whicl- the licenss is issued..
Subd. 3. Co v' . or Felon . No license may be granted to any person who has been
convicted of a felony, or of any lesser violation. of any federal law or regulation, or any law of
Minnesota or any other state, or any municipal ordinance, if the lesser violation, is one relaxing to
m.anufart:ure or transportation of intoxicating liquors or beer.
10-2.
Subd. 4. Revocation and Susnension.
(a) QJZ.y Council Discretion..
Grantine Or Refusing of License. All facts set out in the applications shall be
investigated. After such. investigation, the Council shall grant or deny the license
in its discrefiQn. Zach Iicense granted shall be issued to the applicant only and
shall not be transferable to another holder. Each license sball be issued only for
the compact and contiguous premises described in the application, No license
may be transferred to an.otlier place witb.out the approval of the City Council,
Com lip ance Checks and Inspections. AJl licensed premises shall be open to
inspection by the Police Department or other authorized City official during
regular business hours. At least once per year, the City shall conduct
compliance checks by engaging, young adults over the age of 1.8 and less than
21 years, to enter the licensed premises to attempt to purchase into icati.n.g or.
3.2 percent malt liquor. Minors used for the purpose of compliance checks
shall be supervised by City designated law enforcement officers or other
designated City personnel.. Minors used for compli:ince checks shall not be
guilty of unlawful possession. of intoxicating or 3.2 percent malt liquor when
such items are obtained as a part of the compliance check. No minor used in.
compliance checks shall attempt to use a false identifi.ca.ti.on misrepresenting the
minor's age, and all minors lawfully engaged in a. compliance check shall
answer all questions about the minor's age asked by the licensee or the
licensee's employee and shall produce any identification., if any emsts, for which
the minor is asked. Nothing in this section shall prohibit compliance checks
authorized by State or Federal laws for educational, research, or training
purposes, or required for the enforcement of a particular. State or Federal law.
(b) &vocation or Suspysi of License.
,ea,&g Notice. Revocation or suspension of a license by the City Council
shall be preceded by public ltearing conducted. in. accordance witb.. innesota
Statutes Section 14.57 to 14.70. The City Council may appoint a hearing
examiner or may conduct a. hearing itself The hearing notice shall be given at
least 10 days prior to the hearing, include notice of th.e time and place of the
hearing, and state the nature of the charges against the licensee.
2. Grognds for revocation orSuspension of %icepe. Ttae Council may suspend
or revoke any license for the sale of intoxicating or. 3.2 percent: malt liquor for
any of the following reasons:
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False or misleading statements made on, a. license application or
renewal, or failure to abide by the commitments, promises or
representations made to the City Council.
ii.. V-iolation of any special conditions under which the license was granted,
including, but not limited to, the timely payment of real estate taxes, and
all other charges.
iii. Violation of any Federal, State, or local law regulating the sale of
intoxicating liquor, 3.2 percent: malt liquor, or controlled substance.
N. Creation. of a nuisance on the premises or in the surrounding area.
V. That the licensee suffered or permitted illegal acts upon, the licensed
premises or on property owned or controlled by the licensee adjacent
to the licensed premises, unrelated to the sale of intoxicating liquor or
3.2 percent malt liquor.
vi. That the licensee had knowledge of illegal acts upon. or attributable to
the licensed premises, but failed to report the same to the police.
vii. Expiration or can.cell.ation of any required insurance, or failure to notify
the City within a reasonable tim-e of changes in the term of the insurance
or the carriers.
viii.. Failure of. an establishment granted a license to exhibit satisfactory
progress toward compl.eti.on of construction within 6 months from its
issuance, or failure of an estalalisbment to operate for a period of. 6
months. A hearing shall be held to determine what progress has been
made toward opening or reopening the establishment and, if satisfactory
progress is not demonstrated, the Council may revoke the license.
3. P.resuz inti.ve Civil Penalties.
P. urpose. The purpose of this Section is to establish a standard by
which tb.e City Council determines the length of license suspensions and
the propriety of revocations, and shall apply to all, premz i,ses 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 exist substantial reasons making it
more appropriate to deviate, such as, but not limited to, a li'censee's
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efforts in. combination. with the State or City to prevent the sale of
alcohol to minors. When deviating from these standards, the Council
will provide written findings that support the penalty selected.
ii, Presumptive Penalties for Vja1,alg—ns. The minimum. penalties for
convictions or violations must be presumed as follows (unless specified,
numbers below indicate consecutive days' suspensions):
Appearance
Type of. Violation lot 2nd 3rd 07
1, Commission of a felony Revocation. N/A N/A. NIA,
related to the licensed
activity
2. Sale of alcoholic Revocation N/A N/A N/,A,.
beverages while license is
Lander suspension.
3. SaJe.of alcoholic $500 6 days 1.8 days Revocation
beverages to under -age
persons
4. Sale of alcoholic $500 6 days 18 days Revocation.
beverages to obviously
intoxicated_ person
5, AfTer lours sale of $500 6 days 13 clays Revocation
alcoholic beverages
6. After hours display or $500 6 days 18 days Revocation.
consumption of alcoholic
beverages
7. Refusal to allow City $500 15 days Revocation
inspectors or police
admissions to inspect
prerri ses
S. Tll.egal gambling on. $500 6 days 18 days Revocation
1.0-5.
premises
9. Failure to take reasonable $500 b days 1.8 days Revocation
steps to stop person from
leaving premises with.
alcoholic beverages
1.0. Sale of intoxicating RZ Vocati.oa N/A N/A N/A
liquor where only
license is for 3.12
percent malt liquor
The Council may impose a 3 day suspension. for failure to pay the required fine on the first appearance.
iii. Multiple Violations. At a, licensee's first appearance before the
Council., the Court must act upon all of the violations that have been.
alleged in. the noti-ce sent to the licensee. The Council in that case must
consider the presumptive penalty for each violation under the first
appearance column. in ii. above. The occurrence of multiple violations is
grounds for deviation from. the presumed penalties in the Council's
discretion.
iv. Subsequent Violati=. Violations occurring after the notice of hearing
has been mailed, but prior to the hearing, must be treated as a separate
violation. and dealt with as a second appearance before the Council,
unless the City Manager and licensee agree in. writing to add the
violation to the first appearance. The some procedure applies to a
second, Hurd or fourth appearance before the Council.
V. ubse uenr A pearances. Upon. a second, third or fourth appearance
before the Council by the same licensee, the Council must impose th.e
presumptive penalty for the violation. or violations giving rise to the
subsequent appearance without regard to the particular violation or
violations that were the subject of the first or prior appearance.
However, the Council may consider the amount of time elapsed
between appearances as a basis for deviating from the presumptive
Penalty imposed by this Section.
Vi. Commutation of Appearances. After the first appearance, a subsequent
appearance by the same licensee will be determined as follows:
E-.
aa. If the first appearance was within. 18 months of the current
violation, the current violation will, be treated as a second
bb. If a licensee has appeared before the Council on 2 previous
occasions, and the current violation'. occurred within. 30 months
of the first appearance, the currew violation. -will, be treated as
a third appearance.
cc. If a licensee has appeared before the Council. on. 3 previous
occasions, and the current violation. occurred within 42 months
of the first appearance, the current violation, will be treated as
a fourth appearance.
dd. Any appearance not covered by aa, bb, or cc above will. be
treated as a first appearance,
vii.. g1bjeEgnaities. Nothing in this Section shall restrict or limit the
authority of the Council to suspend up to 60 days, revolve the license,
or impose a civil fine not to exceed $2,000 for each violation, to
impose conditions, or impose any combination of the foregoing
sanctions, or take any other action in accordance with law; provided,
that the license holder has been afforded an opportunity for a hearing in
the manner provided for this Chapter,
Subd. 5. Premigm Q2en to Inspection.. All licensed pretni.ses will be open to inspection by any
police or health oflicer or other properly designated officer or employee of the City, or any
member of the Council, at any time during which the licensed premises are open to the public.
Surd.. 6. Ga. . No illegal gambling or illegal gambling device is permitted in. any licensed
premises.
Subd. 7. lssliance_t._o ApplicaaLOnly. Any license issued under this Section will be issued to
the applicant only, and only for the premises described in the application. The license is not
transferable to another person or to other premises.
Subd.. S. Jana actu er. No manufacturer of beer, nor any affiliated company, may be licensed
to sell. beer. A, manufacturer of beer may, without a. license, sell beer to licensed dealers
holding either "on.—sale" or "off sale" licenses, a.nd may sell and deliver, the same in quantities of,
not less than. two gallons directly to consumers at their homes..
10-7
Subd. 9. e . Except for temporary licenses issued. under Subsection 1000.02, Subd. 5,
licenses for the We of beer are issued for a period of one year. However, for the purpose of
coordinating the time of expiration of all such licenses in the City, licenses may be issued for a.
shorter time to expire at a given time of the year, in wha`ch case a pro rata fee will be charged.
Subd. 10. All licensees must provide the City with proof of compliance by the applicant with
the ha.bility insurance requirements of Mina_. Stat. §340A.409.
1.004.07 Win -of -s- A violation of Minn. Stat. §340A-503 pertaining to persons under. 21 years of age
will be deemed a violation of this Code with respect to either beer or intoxicating liquor.
1400.08 Hours of Onere.tion. No beer may be:
(a) sold betweenn the hours of 1:00 a.m. and 8:00 a.m. on. the days of Monday through
Saturday, inclusive;
(i)) sold on Sunday between, the hours of 1:44 a..m,. and 12:00 noon;
(c) served, consumed, or available for consumption, at the licensed premises when sale is
prohibited under this Section.
1044.09 Cwt bs, No club may sell. beer to persons other than. members or guests in the company of
members.
1000. J 0 .ltevocati.on. Any license granted under this Section. may be suspended or revolted by the
Council in the manner provided in Section 1.000.06, Subd. 4. Any violation. of Section 1000, or any
falsification of a statement in. the application, will. be grounds for revocation. No portion. of the license
fee will be returned upon revocation.
1.004. l 1. CorJRpliAnce with State 1.,aw. All licenses issued pursuant to thisSection and all operations of
"on.—sale" and "off—sale" businesses within the City, are subject to Minn.. Stat. §340A.41.1 in. addition to
the provisions of this Section.
1400.12 5ale of "Set-TJps"
Subd. 1. Permit R._e_Q tu'red. It is unlawful for any private club or public place, directly or
indirectly, or upon any pretense or by any device, to allow the consumption or display of
intoxicating liquor, or the serving of any liquid for the purpose of mixing with intoxicating liquor,
commonly called "set-ups," without first having obtained approval of The Council and a permit
from. the Commissioner of Public Safety.
1.0-8
Subd. 2. Ao roval in 3yriting. No permit will be approved by the Council unless the applicant
agrees in writing that as a condition of the approval, "set—ups" will be served only in a room
separate and apart from any room licensed for the sale of intoxicating liquor. A violation of this
provision will be cause for revocation of the permit.
Subd_ 3. Feea. Each person, obtaining approval of the Council and a, permit from the
Commissioner of Public Safety must pay to the Clerk the fee set forth, in. Section 600.
Approvalof the permit may be revoked at any time for cause by the Council in the manner
provided in Section. 1.000.06, Surd. 4. The revocation. will not entitle the holder of the permit
to a rebate of any portion. of the fee.
1000, 13 Existina Licenses. Any premises for which an "on—sale" license was in. effect on September.
14, 1982, will gpahfy for the issuance or renewal of an "on --sale" license, notwitlistan.ding the fact that
the premises is not a restaurant as defined in Section. 1000.01., Subd. 2, if (a) the other requirements for
issuance or, renewal of the license are met, (b) the premises has not been without an "on—sale" license
for a period of more than. 6 months, and (c) sale of beer for, consumption on the premises has not
ceased for a. period of more than 6 months.
1000, 14 Cons»mntion. No person may consume intoxicating liquor in a public park, on. a public street
or in any public place other than a City on—sale liquor store.
Section. 1005 - ON -SALE WME LICENSE
1.005.01. License Reguired:. A. "restaurant.", as defined in. Section 1001, Subd, 2, may sell wine, net
exceeding 14% alcohol by volume, at retail only for consumption on the restaurant's premises after
obtaining an "on. -sale" wine Ucense from. the City in. accordance with. this Section.
1405.02 A22LJca.ion. Applications for an on -sale wine license must be evade on forms supplied by the
City,
1005.03 Fees. Applications for licenses must be accompanied by the application processing fee and
the license fee set forth. in Subsection 61.5.06. All such fees will be paid into the general fund of the
City. Upon rejection. of any application, the processing fee will be retained by the City and the license
fee will be refunded to the applicant.
1005.04 _GtantinxofJ icepse. The Coun.0 will cause an investigation. to be made of the facts set forth
in the application. After the investigation, the Council. in its discretion may grant or refiise the license;
however, no license will become effective until approved by the Liquor Control Division of. the
Minnesota Department of Public Safety. All licensed premises must have the license posted in a
conspicuous place at all times.
1.0-9
1005,05 Condits,ons. In. addition. to all applicable state laws and any other applicable provisions of this
Code, on --sale wine licenses will be subject to the same conditions for beer licenses as set forth in
Section 1000,05.
1005.06 Minors, The provisions of Section 1000.07 apply to wine.
1005.07 1-lour_s of _Qperazzort. Licensees under this Sectioa must observe the hours restrictions set
forth. in Minn. Stat. §340A.504,
1005,08 5
late L w. Licenses issued under this Section are subject to all provisions of Minn. Stat.
Chapter 340A. in. addition to the provisions of this Section.
1.005,09 Temooraa , Mine licenses.
(a) The City Council may issue to a club or charitable, religious, or other nonprofit
organization in existence for at least three years a temporary license for the on. -sale of
wine in. connection, with a social event within the City sponsored by the licensee.
(b) The license may authorize the on -sale of wine for not: more than, three consecutive days,
and may authorize on -sates on premises other than premises the licensee owns or
permanently occupies.
(c) The license may provide that the licensee may contract for wine catering services with.
the holder of a faill-year on -sale intoxicating liquor license issued by any municipality.
(d) The licenses are subject to the terms, including a. license fee, imposed by the City.
Licenses issued under this subdivision are subject to all. laws and ordinances governing
the sale of intoxicating liquor except Minn, Stat. §340A.404 and those taws and
ordinances which by their nature are not applicable.
(e) Licenses under this subdivision are not valid unless first approved by the comruissioner
of public safety.
(f)
No organization will be issued more thw three temporary wine licenses during any 12 -
month period.
Section 1.010 - MUNICIPAL, LIQUOR
1010.01 Definitions. The words used in this Section. will. have the meanings given them in Minn. Stat.
§340A.101, and the term "liquor" as used in this Code means "intoxicating liquor" as defined in Minn,
Stat. §340A.101.
10-1.0
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1010.02 Mores Established. There are hereby established municipal stores for the on—sale and
of sale of liquor.
1.010.03 Location and Oyeration, The stores will be located at places determined by the Council and
as authorized by State law,
10 10.04 Liquor Fund. A municipal liquor fund is hereby created, All revenues received from the
operation of the City`s liquor stores will be deposited in that. £.ind. All ordinary operating expenses of
the stores will be paid from_ the fund. Surpluses accumulated in the f.Und may be transferred, by
resolution. of the Council, to the general fund or toany other, appropriate farad to be expended fvr
municipal purposes. The handling of the municipal liquor, receipts and disbursem. ents must comply with
the procedures prescribed by law for receipt and disbursement of municipal_ funds generally.
1.010.05 T4®urs of Operation. The hours of operation. of City liquor stores will comply vritlx Minn. Stat,
§340A.504. The City liquor stores will not be open for business of any bind during the hours when
sales of intoxicating liquor are probibited.
1010.06 Qpem ion. and Restrid-o s.,
Subd. 1. Credit, No alcoholic beverages may be sold on credit.
Subd. 2, Minors, No City liquor store may be operated in violation of Minn. Stat. §340A.503
pertaining to persons under. 21 years of age.
Subd, 3. jptoxicaied Persons. No person may sell, give, fUrnisb, or in. any way procure for
another alcoholic beverages for the use of an obviously intoxicated person-
10-11.
erson
10-11.
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6-1.01 Provisions -of State Law Adooted.
The provisions of the Minnesota Liquor Act, Minnesota Statutes Section
340A, with reference to the definition of the terms, application for
license, grant of license, conditions of license, restrictions on
consumption, provisions on sales, conditions of bonds or insurance of
licensees, hours of sale, and all other matters pertaining to the retail sale
distribution, and consumption of alcoholic beverages are adopted and
made a part of this section as if fully set out except as modified herein.
All future amendments to said chapter are incorporated in this section.
6-1.02 License Required.
Except for alcohol wholesalers and manufacturers, no person may
directly or indirectly, on any pretense or by any device, sell, barter, keep
for sale, or otherwise dispose of alcoholic beverages as part of a
commercial transaction without having obtained a license.
SECTION 2. TYPES OF ALCOHOL RELATED LICENSES AND PERMITS
6-2.01 On Sale Licenses
A. Intoxicating Liquor. On -sale licenses shall be granted only to
restaurants and establishments where meals are regularly served
at tables to the general public, and have a seating capacity for not
less than 30 guests at one time; and beverages is incidental to the
principal business which is the sale of food. For restaurants,
"incidental" sale of alcoholic beverages means that the sale of
intoxicating liquor and non -intoxicating malt liquor during any
given three month period shall not account for more than 45
percent of the gross receipts and that the sale of food during any
given three month period shall account for at least 55 percent of
the gross receipts. In the event a restaurant includes a bar or
lounge or some similar area in which the principal activity is the
sale and consumption of alcoholic beverages, such bar or lounge
area shall not contain more than 30 percent of the total seating
1
6-2.01, 2.02, 2.03
capacity of the restaurant. The number of on -sale licenses shall
be limited to two (2).
B. ands . Sunday "on -sale" licenses shall be issued pursuant to
Minnesota Statutes, Section 340A.504, Subd.3.
C, Wine. On -sale wine licenses shall be issued for consumption of
wine on the premises. Wine licenses shall be granted only to a
restaurant having facilities for seating of at least 25 guests at one
time. A wine license permits the sale of wine of up to 14 percent
alcohol by volume for consumption with the sale of food. The
number of wine licenses shall be limited to three (3).
D. Non -Intoxicating Malt Liquor. Licenses shall be granted only to
clubs, restaurants and establishments used exclusively for the sale
of non -intoxicating malt liquor for consumption on the premises.
The number of non -intoxicating malt liquor licenses shall be limited
to four (4). Exemption: Any person licensed to sell intoxicating
liquor at on -sale shall not be required to obtain an on -sale license
under this section, and may sell non -intoxicating malt beverages
at on -sale without further license.
E. Wine and Non -Intoxicating Malt Liquor. Persons who hold both an
on -sale wine license and an on -sale non -intoxicating malt liquor
license and whose gross receipts are at least 60 percent
attributable to the sale of food, are authorized to sell intoxicating
malt liquors at on -sale without an additional license.
6-2.02 Off Sale Licenses
A. Bgtail Liquor Stores. Licenses shall be granted only to exclusive
liquor stores where retail or wholesale sales are made in the
original package for consumption off the premises only. The
number of off -sale licenses shall be limited to one (1).
B. Non-intoxicting Malt Liapor. Licenses shall permit the sale of
non -intoxicating malt liquor at retail or at wholesale in the original
package for consumption off the premises. The number shall be
limited to four (4), Exemption: Any person licensed to sell
intoxicating liquor at off -sale may sell non -intoxicating malt
beverages at off -sale without further license.
6-2.03 Bottle Club. Any person owning or operating a club or business
establishment who obtains a bottle club permit from the Minnesota
Commissioner of Public Safety (pursuant to Minnesota Statutes Section
2
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r
6-2.05
340A.414 shall also obtain a license from the city, The number of
permits shall be limited to one (1).
On-SalelOff-Sale Combination Liquor Licenses No license permitting
"off -sale" and "on -sale" of alcoholic beverages on the premises shall be
granted.
Temporary Permits,
A. One ®ay, Consumption and is lay Permits. The city may issue a
one -day permit for the sale or consumption and display of
intoxicating liquor under this section to a non-profit organization in
conjunction with a social activity in the city sponsored by the
organization. The non-profit association must first have obtained
a permit from the Minnesota Commissioner of Public Safety before
the city may grant a one -day permit. The permit is valid only for
the day indicated on the permit. No more than ten (10) permits
may be issued under this section in any one year. Such permit
shall describe and specify the conditions under which the permit is
issued and shall include the following information:
a. The place to which the permit pertains;
b. The person(s) to whom the permit is
issued;
c. Any other conditions or restrictions that
the city council shall deem necessary to
adequately provide for the public
welfare and safety including conditions
and restrictions relative to insurance
that must be obtained for the event(s)
and to the type of alcoholic beverages
that may be sold or consumed and the
hours during which such beverage may be
sold or consumed.
B. Temporary Event Sales Licenses. The city may issue event sales
licenses which authorize a holder of a retail "on -sale" intoxicating
liquor license issued by the city or by an adjacent municipality to
dispense intoxicating liquor at any convention, banquet,
conference, meeting, or social affair conducted on the premises of
a sports, convention, or cultural facility owned by the city or
instrumentality thereof having independent policy-making and
appropriating authority and located within the city. The licensee
must be engaged to dispense intoxicating liquor at an event held
by a person or organization permitted to use the premises, and
may dispense intoxicating liquor only to persons attending the
0
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Event. The licensee may not dispense intoxicating liquor to any
person attending or participating in an amateur athletic event held
on the premises.
6-3.01 Licensing Procedure
A. Application. Application forms for a license to
sell intoxicating liquor, non -intoxicating liquor or
wine in the form prescribed by the Minnesota Commissioner of
Public Safety may be obtained from the city clerk. In addition to
the form prescribed by the Minnesota Commissioner of Public
Safety, the city council may require such additional information as
deemed necessary or helpful in passing on the application.
B. Fin n ial Responsibility. Requirements. No retail license to sell
intoxicating liquor, non -intoxicating liquor, non -intoxicating malt
liquor or wine may be issued or renewed unless the applicant has
filed with the city clerk the proof of financial responsibility required
by Minnesota Statutes, 340A.409,
C. Investicaation of Applicant.. An investigation of the applicant's
background 'and financial status shall be conducted. The city
council shall have the authority to charge an investigative fee
equal to the actual cost to the city of such investigation but not to
exceed $500 if the investigation is conducted within the state or
the actual cost not to exceed $10,000 if the investigation is
required outside the state. No license may be issued or renewed
if the results of the investigation show to the satisfaction of the
city council, that issuance or renewal would not be in the public
interest.
6-3.02 Renewal
A. Sixty-day Reguirement. Application for the renewal of an existing
license shall be made at least 60 days prior to the date of the
expiration of the license and shall be made on forms provided by
the city in such abbreviated form as the city council may approve.
If, in the judgment of the city council, good and sufficient cause
is shown by any applicant for his/her failure to file for a renewal
within the time provided, the city council may, if the other
provision of this ordinance are complied with, grant the
application.
4
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6-3.03
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B. Statement of Compliance. At the earliest practicable time after
application is made for the issuance or renewal of a license to sell
intoxicating liquor, non -intoxicating mit liquor or wine within the
city, the applicant shall file with the city clerk a statement
reflecting compliance with the applicable liquor and food gross
receipt requirements of this chapter.
Eligibility Minimum Requirements
A. Persons Ineligible for a Jiggn„�e.
No license shall be granted or renewed to any
person made ineligible for such a license by state
taw.
2. No license shall be granted or renewed to a
partnership or corporation which does not have a
managing partner or a manager who is eligible to
hold a license pursuant to the provisions of this
chapter.
3. No license shall be granted or renewed to a
person who is the spouse of a person ineligible
for a license under this section, or who, in the
judgment of the city council, is not the real
party in interest or beneficial owner of the
business operated, or to be operated, under the
license.
4. No license shall be granted or renewed to a_
corporation without full disclosure of the
stockholders of the corporation and their
percentage of ownership. If there are more than
ten stockholders, only those owning more than ten
percent of the outstanding common stock shall be
listed.
6. No license shall be issued to an applicant who
refuses to serve alcoholic beverages to any person
because of race, color or national origin and no
applicant shall discriminate in the selection of
its membership on the basis of race, color or national origin.
6. No license shall be granted or renewed to a person to
whom a license may not be granted or renewed under the
provisions of Minnesota Statutes, Section 340A.402.
0
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63.03, 3.04
7. No license shall be issued if the city council
determines issuance would not be in the interest
of the public.
S. Places lneliaible for License
1. No license shall be granted for any premises where a
licensee has been convicted of a violation of this chapter or
where any license has been revoked for cause until one
year has elapsed after such conviction or revocation.
2. No license shall be granted for premises within 300 feet of
any elementary or secondary school or within 300 feet of
any church.
3. No more than one (1) off -sale intoxicating liquor license may
be directly or indirectly issued to any one person or for any
one place in the city as provided by Minnesota Statute
Section 340A.412, Subd. 3.
4. No license shall be granted for premises precluded from
licensure by Minnesota Statute, Section 340A.412.
5. No license shall be effective beyond the compact and
contiguous space specified in the license for which it was
granted.
6. No license shall be granted or renewed for operation on any
premises owned by the licensee or the licensee's agent on
which taxes, assessments or other financial claims of the
city are delinquent and unpaid.
6-3.04 License Fees.
A. Payment of Fees. The city clerk shall not accept an application
for license unless the fees are paid and all forms signed. Upon
rejection of any application for a license, the amount paid shall be
refunded.
B. Establishment of Fees. The city council shall establish the annual
and event license fees for the issuance of licenses for alcoholic
beverages. Specific fees are identified in Chapter 5-5.01. Fees for
new licenses shall be pro -rated on a quarterly basis.
G. Refun . The city shall refund to the licensee or the licensees
agent a prorata portion of the annual fee for the unexpired period
of the license, computed on a monthly basis, when operation of
0
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the licensed business ceases not less than one month before
expiration of the license for any of the following reasons:
1. The business ceases to operate due to
destruction or damage of the licensed premises
by fire or other catastrophe;
2. The licensee's death;
3. The business ceases to be lawful for a reason
other than revocation;
4. The licensee ceases to carry on the licensed
business under the license; or
5. A change in the legal status of the
municipality makes it unlawful for the licensed
business to continue.
The application for refund must be made to the city
council within 30 days of one or more of these
occurrences.
D. License Extension. In the case of the death of a
retail licensee to sell alcoholic beverages, the
personal representative is authorized to continue
operation of the business for not more than 90 days
after the death of the licensee without applying for
a new license.
E. Term of Expiration of Licenses. The term of all
licenses issued under this chapter shall be from
January I through December 31.
6-3.05 License Conditions.
A. The license shall be posted in a conspicuous place
in the licensed premises at all times.
B. Every licensee is responsible for employee conduct
in the licensed establishment and any sale of alcoholic
beverage by any employee authorized to sell alcoholic
beverages in the premise is the act of the licensee.
(Minnesota Statutes 340A.415).
C. No licensee shall knowingly permit the licensed
r premises or any room in those premises or any adjoining
building directly or indirectly under his/her control
N
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to be used as a resort for prostitution.
D. Any police officer, building inspector, fire
marshal or any properly designated agent or employee
of the city shall have the unqualified right to enter,
inspect and search the premises of the licensee during
business hours without a warrant. If a violation
exists, the appropriate action shall be taken in accordance with
Minnesota Statutes, Chapter 340A.415.
E. For cause, the business records of the licensee,
including federal and state income tax returns, shall
be available for inspection by a duly authorized
representative of the city council at all reasonable
times.
6-3.06 City Council Discretion
A. Granting or Refusing of License. All facts set out in the applications
shall be investigated. After such investigation, the council shall grant
or deny the license in its discretion. Each license granted shall be
issued to the applicant only and shall not be transferable to another
holder unless in accordance with Section 6-7.01. Each license shall
be issued only for the compact and contiguous premises described in
the application. No license may be transferred to another place
without the approval of the city council.
B. Revocation or Suspenslon of License.
1. barna Notice. Revocation or suspension of a license by the
city council shall be preceded by public hearing conducted in
accordance with Minnesota Statutes Section 14.57 to 14.70.
The city council may appoint a hearing examiner or may conduct
a hearing itself. The hearing notice shall be given at least 10 days
prior to the hearing, include notice of the time and place of the
hearing, and state the nature of the charges against the licensee.
2. Grounds for Revocation or Suspensiol]of Licelse. The council
may suspend or revoke any license for the sale of intoxicating
or 3.2 percent malt liquor for any of the following reasons:
a. False or misleading statements made on a license
application for renewal, or failure to abide by the
commitments, promises or representations made to the
city council
L
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6-3/06
b. Violation of any special conditions under which the
license was granted, including, but not limited to, the
timely payment of real estate taxes, and all other
charges.
C. Violation of any Federal, State, or local law regulating th
sale of intoxicating liquor, 3.2 percent malt liquor, or
controlled substance.
d. Creation of a nuisance on the premises or in the
surrounding area.
e. That the licensee suffered or permitted illegal acts
upon the licensed premises or on property owned or
contr oiled by the licensee adjacent to the licensed
premises, unrelated to the sale of intoxicating liquor
or 3.2 percent malt liquor.
f. That the licensee had knowledge of illegal acts upon or
attributable to the licensed premises, but failed to report
the same to the police.
g. Expiration or cancellation of any required insurance, or
failure to notify the city within a reasonable time of
changes in the term of the insurance or the carriers.
h. Failure of an establishment granted a license to exhibit
satisfactory progress toward completion of construction
within 6 months from its issuance, or failure of an
establishment to operate for a period of 6 months. A
hearing shall be held to determine what progress has
been made toward opening or reopening the
establishment and, if satisfactory progress is not
demonstrated, the council may revoke the license.
3. Presumptive Civil Penaltiegs
a. Purpose. The purpose of this section is to establish a
standard by which the city council determines 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 exist substantial reasons 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. When
deviating from these standards, the council will
9
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uc: fav ui SLzj or raican neignTs 0010Y°tUb to
6-3,06
provide written findings that support
the penalty
selected.
b. Presumotive Penalties for Violations
The minimum
penalties for convictions or violations must be presumed
as follows (unless specified, numbers below indicate
consecutive days' suspension):
Appearance
Type of Violation ist 2nd
3111 4t'
1.
Commission of a felony Revocation NA
NA NA
related to the licensed
activity
Z.
Sale of alcoholic Revocation NA
NA NA
beverages while license is
under suspension
3.
Sale of alcoholic $500 6 days
18 days Revocation
beverages to under -age
person
4.
Sale of alcoholic $500 6 days
18 days Revocation
beverages to obviously
intoxicated person
5.
After hours sale of $500 6 days
18 days Revocation
alcoholic beverages
6.
After hours display or $500 6 days
18 days Revocation
consumption of alcoholic
beverages
7.
Refusal to allow city $500 15 days
Revocation NA
inspectors or police
admissions to inspect
premises
8.
Illegal gambling on $500 6 days
18 days Revocation
premises
9.
Failure to take reasonable $500 6 days
18 days Revocation
steps to stop person from
leaving premises with
alcoholic beverages
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6-3.06
Type of Vlolat%vn 19` 2"d Td 4m
Sale of intoxicating Revocation NA NA NA
liquor where only
license is for 3.2
percent malt liquor
The council may impose a 3 day suspension for failure to pay the required fine on the
first appearance.
a. Multiple Violations. At a licensee's first appearance
before the council, the court must act upon all of the
violations that have been alleged in the notice sent to
the licensee. The council in that case must consider
the presumptive penalty for each violation under the
first appearance column in subsection b. above. The
occurrence of multiple violations is grounds for
deviation from the presumed penalties in the
council's discretion.
b. Subsequent Violations. Violations occurring after the
notice of hearing has been mailed, but prior to the
hearing, must be treated as a separate violation and
dealt with as a second appearance before the
council, unless the city administrator and licensee
agree in writing to add the violation to the first
appearance. The same procedure applies to a
second, third or fourth appearance before the
council.
C. Subsequent Appeaances. Upon a second, third or
fourth appearance before the council by the same
licensee, the council must impose the presumptive
penalty for the violation or violations giving rise to
the subsequent appearance without regard to the
particular violation or violations that were the subject
of the first or prior appearance. However, the
council may consider the amount of time elapsed
between appearances as a basis for deviating from
the presumptive penalty imposed by this section.
d. Computation of Appearances. After the first
appearance, a subsequent appearance by the same
licensee will be determined as follows;
11
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6-3.07
i. If the first appearance was within three (3)
years of the current violation, the current
violation will be treated as a second
appearance.
ii. If a licensee has appeared before the council
on two (2) previous occasions, and the
current violation occurred within five (5) years
of the first appearance, the current violation
will be treated as a third appearance.
iii. If a licensee has appeared before the council
on three (3) previous occasions, and the
current violation occurred within seven (7)
years of the first appearance, the current
violation will be treated as a fourth
appearance.
iv. Any appearance not covered by subsections 1,
ii, or iii above will be treated as a first
appearance.
e. Other Penalties. Nothing in this section shall restrict
or limit the authority of the council to suspend up to
sixty (60) days, revoke the license, or impose a civil
fine not to exceed two thousand dollars ($2,1300.00)
for each violation, to impose conditions, or impose
any combination of the foregoing sanctions, or take
any other action in accordance with law; provided,
that the license holder has been afforded an
opportunity for a hearing in the manner provided for
in .this chapter.
Transfers.
A. A license shall be transferred in accordance with provisions of
Minnesota Statutes Section 340A.412 and as provided herein. A
license shall not be transferable without the approval of the city
council.
B. The city clerk shall furnish to each applicant for the transfer of a
liquor license suitable applications which will require such
background and financial investigation and disclosure as to permit
the city council to determine if that proposed transfer is in the
public interest.
12
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C. An investigation of the transferee applicant's background and
financial status will be conducted as stipulated in Sections 6-2.01,
Section C of this code itself or contract with the Bureau of
Criminal Apprehension to do so. The city council shall have the
authority to charge an investigative fee equal to the actual cost to
the city of such investigation but not to exceed $500 if the
investigation is conducted within the state or the actual cost not
to exceed $10,000 if the investigation is required outside the
state. No license may be transferred if the results of the
investigation show to the satisfaction of the city council that
transfer would not be in the public interest.
D. Application for transfer shall be made in writing to the city clerk
and, shall be accompanied by certified check or money order in
the amount of $100.00 payable to the city which amount is fixed
as the transfer fee.
SECTION 4 SALES
6-4.01 Hours and Days of -Sale. All hours and days of sale of alcoholic
beverages and hours and days of display and consumption in
bottle clubs shall be governed by Minesota Statutes 340A.504.
SECTION 5 ENTERTAINMENT
6-5.01 Permitted Entertainment. Any premises lawfully holding a license
for the sale of alcoholic beverages is authorized, when carried on
in conformity with law, to provide dancing and entertainment
either by phonograph, automatic piano, orchestra, band, or any
other musical instrument, singing by group participation or by an
individual, or other similar amusement.
13
CHAPTER 14
• Off -sale 3.2 percent malt liquor licensees and have malt liquor sales of
less than $50,000 for the preceding year;
• On -sale wine licenses with wine sales of less than $25,000 for the
preceding year;
® Holders of temporary wine licenses.
Minn. stat. §§ 340A. 409- These insurance requirements are minimum requirements. State law
subd.l; 340A.509_ authorizes cities to adopt higher limits and most cities have. Also, even
though state law exempts` some licensees from the insurance requirement,
cities may still require them to carry insurance.
2. Youth restrictions
Minn. Stat. § 340A.503. State law prohibits a person under 21 -years -of -age from consuming,
purchasing, or possessing alcoholic beverages on the licensed premises; or
entering a liquor establishment for the purpose of purchasing, being served, or
delivered any alcoholic beverage.
Minn. stat. § 340AA 12. No person under 18 -years -of -age may serve or sell intoxicating liquor in a
subd.10; 340A.503, subd.4. retail intoxicating liquor establishment, but may otherwise work in such
establishments.
Minn. Stat. § 340A. 50' sued. Cities may not adopt an ordinance that prohibits a person 18-, 19-, or 20-
4(b). years -old from entering a licensed establishment to perform work for the
establishment, including serving alcoholic beverages.
E. Renewal of liquor licenses
Tamarac Inn v. City of Long
The law entitles people who invest substantial resources in facilities for
Lakelase, 310 N.w.2d 474 (Minn.
operating an on -sale liquor establishment to reasonable expectation of
continuing to receive the benefits of the license. Although no constitutional
Minn. Stat. § 340A.402
property right exists in owning a liquor license, a city cannot arbitrarily and
capriciously refuse to renew a license. The statutes allow non -renewal for
conviction of state law or local ordinances.
Arbuckle's Bar and Grill. Inc.
A city can refuse to accept a license renewal application if it is incomplete
v. cin ofst. Paul, Cx-98-185
(Minn. App. July 14, 1998).
and not accompanied with all required fees insurance policies, and
certificates.
Minn. stat. § 340A.412, subd.
Under the law, liquor licenses last for aperiod of one year. All liquor licenses
s
a city issues, except those in First Class cities, must expire on the same date.
F. Revocation and suspension
Minn. Stat. § 340A.415 The Intoxicating Liquor Act authorizes revocation or suspension for violation
of any statute or ordinance relating to the sale of intoxicating liquor.
e4-8 HANDBOOK FOR MINNESOTA CITIES
CHAPTER 14
Minn. stat_ §§ 340A.409,
A council may either suspend, for a period not to exceed 60 days, or revoke a
subd.l; 340A.415.
liquor license. This includes on -sale and off -sale liquor licenses and wine
Metro Bar & Grill r. City of
licenses. In some cases, the law requires mandatory revocation for failure to
St. Paul. C6-00-1156 (;Vhm_
conform to specific parts of the liquor or beer laws. In order to revoke or
App. a-irnr i. 2001).
suspend a license or permit, the council must find that the license holder
C. L. Hine, Inc. v. Cry ofsr.
failed to comply with an applicable statute, regulation, or ordinance relating to
Paul, No. C8-98-2535 (Minn.
intoxicating liquor. A city has broad discretion to revoke a liquor license if it
App. Aug. 8, 1996).
articulates written reasons for its decisions that were supported by findings
general issue of denying --not
renewing, Suspending, or
and evidence in the record that the holder failed to comply with an applicable
revokinL, a license --see
statutes, regulations, or ordinances relating to intoxicating liquor.
Minn stat. §§ 340A.415; There are due process requirements that must be met before a license is
14.57-.69.
revoked. The city must provide a hearing to the license or permit holder in
Gar -Dar, Inc. v. cin. of
accordance with the Administrative Procedures Act for contested cases. The
:hBnneapo/is, Cs -97-715
council should consult an attorney when it is considering a liquor license
(i`-1inn. App. Oct. 28. 1997),
revocation or suspension.
If, as a result of the hearing, the council feels a revocation or suspension is in
order, the council should adopt a resolution revoking the license or permit as
of a specified date. The resolution does not need to restate the charges.
For a further discussion on theo
The 3./o
2 malt liquor law does not require a hearing on the issue of revocation
general issue of denying --not
renewing, Suspending, or
or suspension. To avoid legal questions, beer license revocation proceedings
revokinL, a license --see
should include a hearing held by the council after adequate notice to the
Chapter 13.
licensee. The notice should state the time and place of the hearing, and advise
w"Av.municipalbev.com
the licensee of the nature of the charges or the grounds upon which the city is
seeking the revocation.
HANDBOOK FOR MINNESOTA CITIES 14-9
II. Municipal liquor
Minn. Stat. § 340A.601-.604
Any Minnesota city with a population of 10,000 or less, except those that
have been incorporated for less than two years, may own and operate a
retail dispensary with off -sale liquor, on -sale liquor, or both. A recently
incorporated city may be able to establish a municipal liquor store in less than
two years after incorporating if it was an urban town or major part of an urban
town. Subsequent changes in population do not affect the ability of a city to
operate a liquor store.
MMBA can be reached at
The Minnesota Municipal Beverage Association provides helpful information
(612) 572-0222 or (800) 848-
4912, ext. 3925. Their website
to era
municipalities operating municipal liquor stores. Contact the MMBA for
p p g munp q
address is
additional inforniation about municipal liquor store operations.
w"Av.municipalbev.com
HANDBOOK FOR MINNESOTA CITIES 14-9
CHAPTER 14
Minn, Stat. § ;4r,A.r,oi. Once a city establishes a municipal store, all private intoxicating liquor
subs 5 licensing in the city must cease, unless the city has opted for split liquor or
has annexed or consolidated with an area and a private liquor license holder
was located in the area. After the voters approve a split liquor system, cities
may issue on -sale licenses to hotels, clubs, and restaurants.
A. City v. private liquor stores
State law allows municipal liquor stores in Minnesota for the primary purpose
of regulating and controlling liquor traffic. Because of this, the question of
private'versus city ownership of liquor stores should deal with regulatory
considerations rather than with the potential profits to the city. Debates
concerning the merits of municipal and private liquor operation deal with the
following issues:
1. Proponents of private liquor licensing believe:
Cities are frequently more lenient in enforcing liquor regulations in their
own stores than in private stores because of their interest in profits;
® City operation is another type of government ownership of business; and,
® Municipal liquor stores reduce the number of liquor outlets, eliminate
some otherwise profitable businesses, reduce private employment, cut
down on the number of private taxpayers, and reduce state and county
taxes.
2. Proponents of city operation believe:
Municipal operation eases the job of controlling liquor sales because it
reduces the number of outlets or stores since municipal liquor store
managers are less motivated by monetary considerations when
establishing operating policies, management policies are the council's
responsibility, and the voters can exercise a greater influence over policies
governing the sale of alcoholic beverages in the community;
Municipal stores enable all taxpayers to enjoy the profits of the liquor
industry through reductions in taxes and completion of public projects
without a heavy burden of city debt; and,
State laws recognize that local officials are best able to decide what type
of liquor control is best in the community.
® Municipal liquor stores should observe regulations, encourage
moderation, prevent sales to intoxicated people and minors, and generally
observe a standard of operation that is above criticism.
14-10 HANDBOOK FOR MINNESOTA CITIES
CHAPTER 14
B. Establishing a municipal dispensary
�- ":'I Unless the city has voted to remain dry, the council of any city of less than
10,000 population may, by ordinance, establish liquor dispensaries. If no
private liquor licenses are in force in the city, the council may do this at any
time. If private licenses are in force, the city must publish a notice of the
council's intention to begin selling intoxicating beverages. This notice must
be in the legal newspaper at least one year prior to the date the council
proposes to begin such sales.
When the city is shifting from private liquor sales to municipal sales, the most
appropriate time to begin is when the outstanding private licenses expire. The
decision to open a municipal store is probably not in itself sufficient legal
justification for revoking a private license. The revocation of a private license
is always difficult.
Arens v. Village of Rogers, Because a license to sell intoxicating liquor is only a special pernit, the fact
240 Minn. 386,61 N.W.2d thatrivate dealers have had licenses too operate in the past does not give them
508 (193). p 1� 1�
vested rights to continue business in the future, nor does it give them cause for
complaint when a municipal store results in the loss of their business.
Out of fairness and to minimize the difficulties involved in the transition from
private to municipal sales, most councils have made good faith efforts to
purchase the stock and equipment of former licensees. However, purchasing
duplicate or otherwise unneeded personal property from former business
owners may involve an unconstitutional use of public funds for a private
purpose.
The statutes do not provide any definite method of financing the acquisition of
a municipal liquor store building, fixtures, equipment, and stock. Because the
operation of the dispensary is a proper local function, money for this purpose
may come from the general fund or through any general long-term or
short-term borrowing procedure.
State of Ohio v. Helvering, A municipal liquor store must comply with all state statutes regulating the
292 S. 360, sa S. cc. 725
(1934). hours and manner of sale, and with all applicable regulations of the liquor
control division. The city may impose more stringent regulations if they do
not conflict with state laws. Although exempt from the state personal property
tax, municipal liquor stores are not exempt from state or national excise taxes,
including the annual federal occupational tax on retail liquor dealers.
HANDBOOK FOR MINNESOTA CITIES 14-11
CITY OF LAUDERDALE
MEMORANDUM
TO:
Mayor and Council Members
FROM:
Kevin Walsh, Deputy Clerk
SUBJECT:
Housing Resource Center
DATE:
October 14, 2003
IZ�17
The City of Lauderdale, recognizing the need to proactively encourage housing and
property maintenance and improvements has developed a proposal to partner with the
Greater Metropolitan Housing Corporation. This non-profit organization provides residents
with financial and technical assistance in updating and remodeling their homes, completing
final inspections before payments are made, training for home ownership, helping with
foreclosure prevention, and more. In addition this program is intended to assist in assuring
that:
■ Low and moderate -income residents have the opportunity to effectively deal with aging
and substandard housing.
■ Lauderdale housing and neighborhoods can be preserved.
BACKGROUND
Almost every city government is dealing with housing concerns. Rising home values in
the metro area have pushed the median price past $200,000. The median price—the
point at which half of the homes sell for more and half for less—reached $201, 500, an
increase of $6,600, in just a month over May's $194,900. The Greater Metropolitan
Housing Corporation (GHMC) is a one stop, Resource Center for housing information
and loan assistance. The GHMC was created in 1970 with the primary purpose to
improve the availability and quality of affordable housing for low and moderate -income
families and individuals. Some of the communities currently using the GHMC assistance
include Arden Hills, Mounds View, North St. Paul, Roseville, Shoreview, and St. Anthony
Village. GHMC objectives in the metro area are to: assist home owners with flexible
financing tools to complete home improvement projects, assist owners through complex
construction, and to reduce the number of substandard housing units.
COSTS
The cost to the City of Lauderdale is based on the number and age of houses in the
community. According to the GHMC the total cost would be $3000/year.
On September 9, 2003 the Ramsey County Redevelopment Authority Board adopted a
levy of $805,800 for suburban communities in 2004—Lauderdale included. The three
thousand dollar cost of the resource center may come from this HRA suburban tax levy
as the City Council has discretion on how these funds are spent within the requirements
outlined in the statutes.
NEXT STEPS
The City of Lauderdale could use the HRA suburban tax levy and budget for the GHMC
in 2004.
If need be, a staff member from the Housing Resource Center could come to a meeting
and give a presentation to the Council.
P7-ogram Highlights and Statistics 1971-2001 Continued...
GMHC Single Family Home:
608 Jefferson St. NE, Minneapolis
Hanover Townhomes, St. Paul
--Sponsored by Community Housing Development Corporation
GMHC provided $55,000 in predevelopment loans for this 96
unit project.
YEAR
SINGLE
-_—
DEVELOPMENT
-'
PRE-
-— ---(
DEVELOPMENT
1 TOTAL
TOTAL
FAMILY
( COST
DEVELOPMENT
COST
UNITS
DEVELOPMENT
t _
i UNITS
LOAN UMTS
COST
1971-1980
1981
1 439
18
$21,950,000
2,613
$77,141,000
3,052
$99,091,000
i
( $1,170,000
207
$9,611,261
( 225
$10,781,261
1982
1 29
$1,885,000
647
$29,451,787
676
j $31,336,787
1983
16
$1,040,000
565
$27,348,000
581
$28,388,000
1984
20
$1,300,000
712
$47,227,634
732
' $48,527,634
1985
( 5
$325,000
93
$4,668,000
98
$4,993,000
1986
10
$650,000
540
$26,674,708
550
$27,324,708
1987
13
$845,000
196
$11,594,145
209
$12,439,145
1988
15
$1,125,000
1,513
$39,452,707
1,528
E $40,577,707
1989
27
$2,025,000
169
$10,316,008
196
$12,341,008
1990
14
$1,050,000
1,053
$38,833,092
1,067
$39,883,092
1991
113
$1,010,980
512
$33,493,214
525
$34,504,194
1992
19
$1,539,913
336
$27,884,793
355
$29,424,706
1993
61
$4,295,000
503
$33,952,977
564
$38,247,977
1994
93
$8,530,000
592
$39,722,885
685
i $48,252,885
1995
65
$6,775,000
572
$27,329,669
637
$34,104,669
1996
52
$5,940,000
203
$14,911,415
255
$20,851,415
1997
51
$6,120,000
485
$32,808,662
536
$38,928,662
1998
46
$5,750,000
352
$43,327,288
398
$49,077,288
1999
39
$5,655,000
1,046
$86,970,737
1,085
' $92,625,737
2000
54
$8,100,000
737
$60,852,987
791
$68,952,987
2001
35
$5,425,000
645
$44,909,319
680
$50,334,319
Total:
1,134
$92,505,893
14,291
$768,482,288
15,425
$860,988,181
C
In Process 167
$10,385,000
3,167
$287,635,078
3,234
$298,020,078
Funded
i
j TOTAL:
19201
$10298909893
179458
$1905691179366
189659
$19159,0089259
GMHC Page 6
Single Family and
Multi family PNedevelopment Revolving Loan Fund
—Program Highlights and Statistics -
1971 -2001
GMHC Single Family Home:
2605 17`h Avenue South, Minneapolis
Sponsored by CommonBond
RR
ffi-oKi—
ffl—
Communities , this 75 unit, mixed
income senior housing project is
Shingle Creek Commons — underway at 47`h and Humboldt
CommonBond Communities Avenue North, Minneapolis.
GMHC provided $120,000 in
predevelopment loan funds for
this project.
Type of Housing
Number of Units
Development Cost
Family
8,314
$600,497,482
Senior
3,808
$235,962,602
SRO
1,426
$81,261,606
Special Needs
916
$61,960,657
Preservation of Subsidy
4,195
$179,325,912
18,659
$1,159,008,259
Charter Schools
Number of
Development Cost
Children
New Visions Charter School
225
$4,570,000
Minnesota Transitions Charter School
110
$480,000
335
$5,050,000
Total Units and Development Cost
18,659
$1,164,058,259
GMHC Page 5
Homeownership Reinvestment Program
ushigResource Center STM
North east—Northwest—Southside—NorthMetro—
The HousingResource Center is GMHC's newest program which was created
to provide comprehensive i ee housing services to all residents of
Minneapolis, while also improving the community and its housing stock.
The HousingResource Center provides numerous services, including
individual, high quality, complete assistance through the purchase, financing,
refinancing or construction/renovation process. The first Center was opened
in Northeast Minneapolis at 909 Main Street in 1995. Because of its success,
Hennepin County asked that we open another center providing services to the
;communities of Brooklyn Center, Crystal, New Hope and Robbinsdale. As a
result, we opened the Northwest Center at 44`i' and Penn Avenues North in
Minneapolis. In 1999, in response to requests from Minneapolis city
officials, a Southside Center was opened at 3800 Longfellow Avenue. Upon
request from the City of Roseville, as of April 1, 2000 the HousingResource
Center —Northeast services were available to their residents. In 2002,
residents of Columbia Heights will also be able to use these services.
At the request of the I -35W Corridor Coalition, a new NorthMetro
HousingResource Center was created and during 2001, began serving the
communities of Arden Hills, Circle Pines, Mounds View, New Brighton,
Roseville and Shoreview. The NorthMetro office also serves Coon Rapids,
and in 2002 will serve the community of North St. Paul.
Summary of Activity-HousingResource Centers
Northeast (7/17/95-12/31/01), Northwest (2/10/98 - 12/31/01)
& Southside (4/1/99 -
12/31/01)
Type of Assistance:
Clients Served:
Services
Provided:
Home Buyers Information
608
1,253
Refinance/Satisfactions/Subordination
131
271
Construction Consultations
1,915
4,408
Energy Assistance
136
302
Mortgage Foreclosure Prevention
33
156
Home Improvement Information
2,032
3,749
Rental/Emergency Housing Issues
551
551
Other
168
612
New Loans/Grant Applications
815
6,865
Loans/Grants Closed
595
1,984
Total to Date:
6,984
20,151
Total Served 2001:
3,755
15,129
GMHC Page 4
Since opening in
July of 1995,
GMHC's
HousingResource
Centers provider!
20,151 services to
15,129 clients.
During 2001:
The
HousingResource
CentersTM provided
6,984 free services to
3,755 people.
During 2001, GMHC received
funding support from the
various cities and counties to
cover one-third of the cost of
operating the
HousingResource Centers.
GMHC also administers a few
of the neighborhood NRP
Programs, for which we
receive a small fee.
HousingResource Center -Northwest
Single Family Homeownership Program
GMHC, in cooperation with public
agencies, neighborhoods, etc., builds
and/or renovates single family homes
in the inner-city of Minneapolis. The
homes are sold to persons of low and
moderate income, the majority of
which are first time homebuyers.
Financing tools are available to make
these homes affordable. This
program provides among other
things: homeownership opportunities
for individuals often previously left
out of the ownership marketplace,
stability and increased property
values to neighborhoods, additional
tax revenue for the city and county,
and jobs during construction.
Dining 2001:
GMHC Single Family Home:
455 Madison St. NE, Minneapolis
GMHC had 102 single family homes in process (87 new —15 rehab) at a development
cost of $15,810,000. Thirty-five were completed and sold, 34 under construction and 33
either in neighborhood review, plan drawings or out for construction bids. Forty-three percent of
the buyers were African American, 11% Latino, 18% Asian, 18% Caucasian, 10% other, and
70% were first time homebuyers.
Since inception,
GMHC has
constructed or
renovated 1,201
homes with a total
development cost o, f
over $102,890,893.
Dining the Past Five Years:
GMHC completed and sold 225 homes, with
67 in process, for a total of 292 homes, at a
development cost of $41,435,000. GMHC
builds the homes "on spec" (prior to having a buyer),
hires the contractors, provides construction
management, finances the construction, as well as the
marketing and selling. Over 49% of the buyers were
African American, 12% Asian, 16% Latino, 20%
Caucasian, 3% other, and 81% were first-time
homebuyers.
GMHC—Page 3
Multi- amily Predevelopment Revolving Loan Fund Program
Since inception,
GMHC has
provided loan
commitments of
$26,276,922 for
the development
of 17,458 units of
affordable horsing
with a development
cost of over
$1,056,117,3660
GMHC provides technical assistance and high risk predevelopment
(seed) loans to organizations to assist in the development of quality
affordable housing. These loans cover expenses such as architectural
fees, surveys, environmental and soil testing, land and building costs,
consultants, etc., as well as bridge loans. GMHC also administers the
funding during the building and/or predevelopment phase.
A large variety of housing is funded under this program including
multifamily rental, homeownership, co-op housing, elderly housing,
transitional housing and housing for special needs (for the disabled,
persons with AIDS, chemical dependencies, mental illness, frail
elderly, women and family shelters, etc.). We have also provided this
funding for the development of charter schools, as well as
commercial developments that enhance inner-city neighborhoods.
Central Community Housing Trust sponsored East
Village, which provides 180 units of quality housing.
GMHC provided $500,000 in predevelopment loan
funds for this project.
During the past
five years:
GMHC made loan
commitments of
$12,994,068 to develop
4,091 units of affordable
housing, 3,265 which have
started construction or
renovation.
GMHC—Page 2
During 2001:
■ 645 units of housing for low and moderate
income persons went under construction or
renovation, with a total development cost
of $44,909,319. GMHC provided
$1,355,150 high-risk front-end loans to
these projects.
■ GMHC approved $5,411,215 in new
loan commitments for the development of
1,405 units with a development cost
of $147,402,035.
■ Another 3,167 units are in some phase
of development with GMHC loan
commitments of $6,855,128, with a
development cost of $287,635,078.
h
Greater Metropolitan Housing Corporation
15 South Fifth Street, Suite 710
Minneapolis, Minnesota 55402
Phone: 612-339-0601 Fax: 612-339-0608 www.gmhctc.org
The Joseph Selvaggio
Initiative was dedicated in
giving neighbors
and c
and community members
the opportunity to tour ;
some of the units. This i. 3
multi -family project
provides 30 new
affordable housing units,
for which GMHC
_provided $120,000 in
°predevelopment loans.
Mission Statement
To preserve, improve and increase affordable housing for low and moderate
income individuals and families, as well as assist communities with housing
revitalization by:
4 Providing financial and technical assistance to neighborhood and other nonprofit
housing corporations, and small housing developers;
® Constructing and selling single family detached housing for homeownership;
• Through our HousingResource CentersTM, providing a comprehensive effort to
strengthen vulnerable communities; and
Proposing and carrying out demonstration projects.
Purpose and Histo
The Greater Metropolitan Housing Corporation (GMHC), a business sponsored nonprofit
corporation, was created in 1970 with its primary purpose to improve the availability and quality
of affordable housing for low and moderate income families and individuals in the greater
Minneapolis metropolitan area. GMHC achieves its mission through three main programs:
Predevelopment Revolving Loan Fund; Single Family Homeownership Program; and
Homeownership Reinvestment Program (HousingResource CentersTM )
Index
Mission, Purpose and History..... ............................... .Page 1
Multi -family Predevelopment Revolving Loan Fund Program ......................... ..Page 2
Single Family Homeownership Program ...................... ` . .. .Page 3
Homeownership Reinvestment Program/HousingResource CchterSTM ...................Page 4
Single Family/Multi-Family Program Highlights and Statistics ................1.....Page 5 & 6
GMHC—Page I
Sojourner Project
F
provides shelter to
battered women and
their children and
celebrated a
groundbreaking in
u
2001 for their new site
in Minnetonka. GMHC
provided $30,000 in
predevelopment loans
for this project.
To preserve, improve and increase affordable housing for low and moderate
income individuals and families, as well as assist communities with housing
revitalization by:
4 Providing financial and technical assistance to neighborhood and other nonprofit
housing corporations, and small housing developers;
® Constructing and selling single family detached housing for homeownership;
• Through our HousingResource CentersTM, providing a comprehensive effort to
strengthen vulnerable communities; and
Proposing and carrying out demonstration projects.
Purpose and Histo
The Greater Metropolitan Housing Corporation (GMHC), a business sponsored nonprofit
corporation, was created in 1970 with its primary purpose to improve the availability and quality
of affordable housing for low and moderate income families and individuals in the greater
Minneapolis metropolitan area. GMHC achieves its mission through three main programs:
Predevelopment Revolving Loan Fund; Single Family Homeownership Program; and
Homeownership Reinvestment Program (HousingResource CentersTM )
Index
Mission, Purpose and History..... ............................... .Page 1
Multi -family Predevelopment Revolving Loan Fund Program ......................... ..Page 2
Single Family Homeownership Program ...................... ` . .. .Page 3
Homeownership Reinvestment Program/HousingResource CchterSTM ...................Page 4
Single Family/Multi-Family Program Highlights and Statistics ................1.....Page 5 & 6
GMHC—Page I