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HomeMy WebLinkAbout10/28/2003LAUDERDALE CITY COUNCIL MEETING AGENDA TUESDAY, OCTOBER 28, 2003 CITY HALL, 7:00 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. 1. 2. 3. CALL MEETING TO ORDER AT 7:00 P. M. ROLL: Councilnienibers: Staff: McCloskey _ Gill -Gerbig _ Mayor Dains Getschow APPROVAL OF THE AGENDA Christensen Giannetti 4. APPROVAL A. Approval of minutes of 10/14/03 City Council Meeting B. Approval of claims totaling $51,204.02 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. City of Lauderdale Council Agenda October 28, 2003 Page 2 6. CONSENT 7. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS/ CITIZENS ADDRESSING STREET AND UTILITY IMPROVEMENTS 8. INFORMATIONAL PRESENTATIONS A. Housing Resource Center — Program Director Jennifer Bergman 9. REPORTS 10. 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. 11. ACTION A. Resolution 102803A: A Resolution Proclaiming Saturday, November 15, 2003 as Ramsey County Library Foundation Day in the City of Lauderdale B. Resolution 10280313: A Resolution Accepting 2004 SCORE Funding From Ramsey County for the Lauderdale Recycling Program C. Consideration of the 3rd Quarter Financial and Investment Report D. Consideration of a revision to the Lauderdale City Code Title 3 (Business Regulations), Chapter 2 (Liquor Control) — civil penalty schedule for liquor licensees 12. ITEMS REMOVED FROM THE CONSENT AGENDA 13. ADDITIONAL ITEMS 14. SET AGENDA FOR NEXT MEETING 15. ADJOURNMENT Lauderdale City Council Meeting Minutes October 14, 2003 1. Meeting called to order at 7:00 P.M. 2. ROLL Council present: Christensen, Giannetti, McCloskey, Gill -Gerbig and Mayor Dains 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. H100113swey"I A. Approval of Minutes. Motion by Gill -Gerbig, second by McCloskey to approve the minutes of the September 23, 2003 City Council meeting. Motion carried unanimously. B. Approval of Claims totaling .$59,250.61. Motion by Gill -Gerbig, second by McCloskey to approve the claims totaling $59,250.61. Motion carried unanimously. 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. Motion by Gill -Gerbig, second by McCloskey to approve Pay Request #6 for the 2003 Street and Utility Improvements in the amount of $50,556.67. Motion carried unanimously. Lauderdale City Council Meeting Minutes, October 14, 2003 Page 2 5. OPPORTUNITY FOR THE PUBLIC TO ADDRESS ITEMS NOT ON THE AGENDA 6. CONSENT 7. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS/ CITIZENS ADDRESSING STREET AND UTILITY IMPROVEMENTS 8. INFORMATIONAL PRESENTATIONS 9. PUBLIC HEARINGS 10. REPORTS A. Karkoc Ramsey County Petition regarding a parcel adjacent to Walsh Lalze. The City Administrator reported that within the last week the City and four Pleasant Street property owners north of Roselawn Avenue were served with a court petition from the Karkoc's regarding Pleasant Street road access. It is the City Attorney's preliminary opinion that the Karkoc's are possibly attempting to prove that there is an established street serving their property. The City Attorney is still conducting research on this issue and awaiting the delivery of documents by the County, 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. The Administrator stated that from all indications, it is clear that Pleasant Street does serve the other properties but city maps and records indicate that Pleasant Street never touched nor served the Karkoc parcel. A hearing for this issue was scheduled for Wednesday, October 15, but it has been continued until Wednesday, October 29 as a result of concerns brought by both the City and the adjacent property owners. The Administrator stated there are other issues related to the development of this lot that involves zoning and shoreline setback regulations. The shoreline setback regulations of the City will be discussed in work session. The Mayor stated that he had read through the background on this issue and had concerns with the Rice Creek Watershed District's handling of this issue. The past record on this lot, which dates back more than a decade, has indicated that the City does not view this parcel as a buildable lot under its current conditions. The District granting a permit, even with conditions, appears to put the City and the District at odds. Lauderdale City Council Meeting Minutes, October 14, 2003 Page 3 The approved 1997 Lauderdale Comprehensive Plan, which was developed by a resident task force, has the objective of eventually acquiring this parcel for park or open space purposes. The City Administrator stated the Watershed District takes the position that they only address water quality issues with permit applications. The other issues are city or state concerns. It was then stated that an update would be brought to the Council once the hearing is conducted and more information is known. . 11. ACTION A. Consideration of Quotations for the Sale of the Lift Station Generators. The City Administrator stated that due to the removal of the final two lift stations; the City has excess equipment (generators) to sell. The City placed an advertisement for two generators and pumps for sale in various trade magazines and the League of MN Cities Bulletin. The City of Ashby quoted the City $6,100 for one of the generators (6 cylinder). A second quotation that the City received requested the two generators and pumps for a total of $6,000 — they would not separate the items. A third bid was submitted for the two for $2,500 (6 cylinder) and $2,200 (4 cylinder). The city staff recommendation is to accept the highest quotation from the City of Ashby in the amount of $6,100.00 for the 6 -cylinder generator and to reject the other quotations that were received. The City can re -advertise for the sale of the remaining generator. Motion by Giannetti, second by Christensen to accept the quotation from the City of Ashby in the amount of $6,100.00 for the 6 -cylinder generator and to reject the other quotations. Roll: Yes: all. Motion carried. B. Reschedule the November 11, 2003 City Council meeting as a result of Veteran's Day Holiday. The City Administrator stated that the preferred date for the meeting would be Wednesday, November 12, 2003. The Mayor requested that the start time be moved ahead one hour to 8:00 p.m. Motion by Christensen, second by McCloskey to approve the City Council regular meeting date change from November 11, 2003 to November 12, 2003 and to place the start time of the meeting at 8:00 p.m. Roll: Yes: all. Motion carried. , Lauderdale City Council Meeting Minutes, October 14, 2003 Page 4 12. ITEMS REMOVED FROM THE CONSENT AGENDA 13. ADDITIONAL ITEMS 14. SET AGENDA FOR NEXT MEETING 1. SCORE Resolution 2. 3rd Quarter Financial and Investment Report A break was taken at 7:31 p.m. to transition into a work session discussion. 15. WORK SESSION DISCUSSION The meeting resumed at 7:33 p.m. A. Storni Water Management Ordinance- "DNR Management of Shorelines " setbacks regulations. The Council discussed the storm water management ordinance, which adopts DNR setbacks from shorelines. The Council then discussed placing this DNR setback within the City Zoning Ordinance. Two residents from Pleasant Street north of Roselawn discussed this issue with the City Council, along with their concerns about the development of the vacant Karkoc lot. B. Parking Ordinance. The City Council reviewed the parking ordinance section that relates to the parking of recreation vehicles, boats, etc. on the street that are over 20 feet in length. There was a discussion on whether this section should apply to the parking of recreation vehicles, boats, etc. of all lengths on the street. C. Social Room/Window Replacement. The Council discussed the replacement of the social room windows and the improvement of the lighting that is preliminarily planned for 2004. D. Liquor Control Ordinance. The City Council discussed amending the liquor control ordinance to include a specific and detailed schedule of violation penalties. This would be consistent with the Saint Anthony and Falcon Heights liquor control ordinances and the Lauderdale tobacco ordinance. Lauderdale City Council Meeting Minutes, October 14, 2003 Page 5 E. Suburban HRA Levy and the Housing Resource Center. The City Council discussed the county levy for suburban cities that was proposed for housing initiatives. The Housing Resource Center will be asked to provide a presentation to the City Council about their services to which some of these future levy dollars could be applied to. [ I EI • .4 �ON Motion by Christensen, second by Gill -Gerbig to adjourn at 9:05 P.M. Ayes: All. CITY OF LAUDERDALE Claims for Approval October 28, 2003 City Council Meeting Payroll 10/24/03 Payroll: Check # 7444-7448 $6,081.80 10/24/03 Payroll: EFT: Federal Withholding Taxes/FICA $2,451.02 10/24/03 Payroll: EFT: PERA $1,026.01 10/24/03 Payroll: EFT: ICMA Retirement Fund $1,280.43 Oct 03 Payroll: EFT: State Withholding Taxes $857.70 Vendor Claims 10/28/03 Claims: Check # 16589-16602 $39,507.061 Subtotal of Claims From Above $51,204.02 Total Claims for Approval $51,204.02 CITY OF LAUDERDALE Vendor Transactions 10/23/03 4:03 PM Page 1 CHECK Check Batch $722.50 09/03 roseville review delivery Nbr Date Name Invoice Amount Comments Search Name AFSCME $19,266.66 11/03 police services 016589 10/28/03 102803claims 10/28/03 $76.24 10/03 union dues Search Name AFSCME $76.24 Search Name AMERICAN ENGINEERING TESTING $232.39 10/03 city hall phone 016590 10/28/03 102803claims 24194 $420.00 2003 st/util concrete/bitum testing Search Name AMERICAN ENGINEERING TESTING $420.00 Search Name BONESTROO, ROSENE, ANDERLIK $8.80 sewer supplies 2003 st/util improve 016591 10/28/03 102803claims 102400 $302.49 09/03 2002 st/util improvements 016591 10/28/03 102803claims 102401 $8,347.13 09/03 2003 st/util improvements 016591 10/28/03 102803claims 102399 $50.00 09/03 general engineering Search Name BONESTROO, ROSENE, ANDERLIK $8,699.62 Search Name CINTAS 016592 10/28/03 102803claims 10/28/03 $74.46 10/16, 10/23 pw uniforms Search Name CINTAS $74.46 Search Name CITY OF ST ANTHONY $722.50 09/03 roseville review delivery 016593 10/28/03 102803claims 10/28/03 $56.38 reimburse animal control fees 016593 10/28/03 102803claims 772 $19,266.66 11/03 police services Search Name CITY OF ST ANTHONY $19,323.04 Search Name ESCHELON TELECOM, INC $6,638.67 016594 10/28/03 102803claims 516358 $232.39 10/03 city hall phone Search Name ESCHELON TELECOM, INC $232.39 Search Name GOODIN COMPANY $160.62 016595 10/28/03 102803claims 2380572 $8.80 sewer supplies 2003 st/util improve Search Name GOODIN COMPANY $8.80 Search Name LILLIE SUBURBAN NEWS 016596 10/28/03 102803claims 10/28/03 $722.50 09/03 roseville review delivery Search Name LILLIE SUBURBAN NEWS $722.50 Search Name MET -COUNCIL ENVIRONMENTAL SER. 016597 10/28/03 102803claims 763382 $6,638.67 11/03 wastewater services Search Name MET -COUNCIL ENVIRONMENTAL SER. $6,638.67 Search Name MN STATE TREASUER 016598 10/28/03 102803claims $160.62 3g03 permit surcharges Search Name MN STATE TREASUER $160.62 Search Name RAMSEY COUNTY, PROP REC & REV 016599 10/28/03 102803claims risk624 $936.97 10/03 employee benefits 016599 10/28/03 102803claims prrrv326 $288.00 2003 recycling fees 016599 10/28/03 102803claims prrrv311 $525.00 2003 assessment charges Search Name RAMSEY COUNTY, PROP REC & REV $1,749.97 Search Name SELBY ORNAMENTAL IRON 016600 10/28/03 102803claims 10/28/03 $1,298.00 railings for '02 st/util project Search Name SELBY ORNAMENTAL IRON $1,298.00 Search Name ST PAUL PIONEER PRESS Lauderdale City Council Meeting Minutes, October 14, 2003 Page 3 The approved 1997 Lauderdale Comprehensive Plan, which was developed by a resident task force, has the objective of eventually acquiring this parcel for park or open space purposes. The City Administrator stated the Watershed District takes the position that they only address water quality issues with permit applications. The other issues are city or state concerns. It was then stated that an update would be brought to the Council once the hearing is conducted and more information is known. . 11. ACTION A. Consideration of Quotations for the Sale of the Lift Station Generators. The City Administrator stated that due to the removal of the final two lift stations; the City has excess equipment (generators) to sell. The City placed an advertisement for two generators and pumps for sale in various trade magazines and the League of MN Cities Bulletin. The City of Ashby quoted the City $6,100 for one of the generators (6 cylinder). A second quotation that the City received requested the two generators and pumps for a total of $6,000 — they would not separate the items. A third bid was submitted for the two for $2,500 (6 cylinder) and $2,200 (4 cylinder). The city staff recommendation is to accept the highest quotation from the City of Ashby in the amount of $6,100.00 for the 6 -cylinder generator and to reject the other quotations that were received. The City can re -advertise for the sale of the remaining generator. Motion by Giannetti, second by Christensen to accept the quotation from the City of Ashby in the amount of $6,100.00 for the 6 -cylinder generator and to reject the other quotations. Roll: Yes: all. Motion carried. B. Reschedule the November 11, 2003 City Council meeting as a result of Veteran's Day Holiday. The City Administrator stated that the preferred date for the meeting would be Wednesday, November 12, 2003. The Mayor requested that the start time be moved ahead one hour to 8:00 p.m. Motion by Christensen, second by McCloskey to approve the City Council regular meeting date change from November 11, 2003 to November 12, 2003 and to place the start time of the meeting at 8:00 p.m. Roll: Yes: all. Motion carried. CITY OF LAUDERDALE 10/23/03 9:13 AM Page 1 Paid Register Check Employee Pay Pay Group Check Check Numbe Number Employee Name Period Description Amount Date Status 007443 VOID 22 $0.00 10/24/03 Void 007444 000000011 BOWNIK, JAMES 22 BI -WEEKLY $1,000.43 10/24/03 Outstanding 007445 000000003 GETSCHOW, RICK 22 BI -WEEKLY $1,874.79 10/24/03 Outstanding 007446 000000002 HINRICHS, DAVID C 22 BI -WEEKLY $1,214.96 10/24/03 Outstanding 007447 000000005 HUGHES, JOSEPH A 22 BI -WEEKLY $1,148.15 10/24/03 Outstanding 007448 000000037 WALSH, KEVIN 22 BI -WEEKLY $843.47 10/24/03 Outstanding $6,081.80 CITY OF LAUDERDALE Vendor Transactions CHECK Check Batch Nbr Date Name Invoice Amount Comments 016601 10/28/03 102803claims 10/28/03 $24.90 paid thru 2/3/04 Search Name ST PAUL PIONEER PRESS Search Name WALTER'S RUBBISH 016602 10/28/03 102803claims 240338 016602 10/28/03 102803claims 240338 Search Name WALTER'S RUBBISH $24.90 $38.92 10/03 garbage service $38.93 10/03 garbage service $77.85 Grand Total $39,507.06 10/23/03 4:03 PM Page 2 CITY OF LAUDERDALE MEMORANDUM TO: Mayor and Council Members FROM: Kevin Walsh, Deputy Clerk SUBJECT: Housing Resource Center DATE: October 28, 2003 BACKGROUND Jennifer Bergman, Program Director for the Housing Resource Center will be showing a short 8 minute video and answering questions by the Council. As you know, the Resource Center helps residents with 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. 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. Lauderdale City Council Memorandum Council Meeting Date: October 28, 2003 To: Mayor and City Council From: Rick Getschow, City Administrator Agenda Item: Resolution 102803A: A Resolution Proclaiming Ramsey County Library Foundation Day The City received a letter from the Ramsey County Library Foundation requesting that the City by resolution proclaim November 15, 2003 as Ramsey County Library Foundation Day. The Foundation is planning a major fundraising event on this date. Also, the library system plans on prominently displaying all suburban Ramsey County city proclamations within their libraries. The letter and the resolution are included in the packet. COUNCIL ACTION REQUESTED: Motion to approve Resolution 102803A: A Resolution Proclaiming Saturday, November 15, 2003 as Ramsey County Library Foundation Day in The City Of Lauderdale. October 16, 2003 Mr. Jeffrey Dains City of Lauderdale Lauderdale, MN 55113 Dear Mr. Dains: On behalf of the Ramsey County Library Foundation, I would like to invite the City of Lauderdale to join us in recognizing the value of the Ramsey County Library System by adopting the enclosed proclamation at your next City Council meeting. We are urging all the communities that benefit from the Ramsey County Libraries to proclaim November 15, 2003 as Ramsey County Library Foundation Day. On the evening of November 15th, the Foundation will once again be hosting its annual Gala event to raise funds for the Ramsey County Library System. The theme for the evening is A. Taste for Books and will consist of of sampling of food from local restaurants, a silent auction and wonderful caberet style entertainment. The event will be held at the Roseville Branch Library (corner of Hamlin Ave. and County Road B) from 7:00 — 10:00 p.m. I want to personally invite you and any Council Members to attend and join us for a fabulous evening. For more information regarding tickets, please contact 612-781-2218. It is our.hope that the Lauderdale City Council will support our efforts by adopting this proclamation. We would be happy to send a Foundation Board member to the next City Council meeting if schedules permit. A staff member from the Foundation will be in touch with your office to discuss dates and details. It is our hope to display prominently the proclamation at your local library after Council approval. As you may already know, The Ramsey County Library Foundation was established in 1998 as an independent non-profit organization to raise money for library projects sought by patrons but beyond the scope of traditional government funding. It is by the support of generous local individuals and organization that we able to strive for improved library services in an increasingly tight fiscal environment. We would appreciate your support. Please contact me if you have any questions or concerns. Sin qrely, Sharon Klumpp 3' Annual Gala Chairperson cc: Rick Getschow- enclosure: Proclamation RESOLUTION NO. 102803A CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION PROCLAIMING SATURDAY, NOVEMBER 15, 2003 AS RAMSEY COUNTY LIBRARY FOUNDATION DAY IN THE CITY OF LAUDERDALE WHEREAS, the Ramsey County Library system serves over 220,000 residents living in suburban Ramsey County by providing them with a wide range of information and community resources; and WHEREAS, six suburban libraries located in the cities of Arden Hills, Maplewood, Mounds View, Roseville, Shoreview, and White Bear Lake are part of the Ramsey County Library system; and WHEREAS, plans are under way to explore restoring library services to the City of North Saint Paul and to make library improvements that respond to increasing community demands and ever changing technologies; and WHEREAS, the Ramsey County Library system continues to grow with an 18 percent increase in circulation and over 1.6 million people using the libraries in 2002, and; WHEREAS, Booker, the cuddly canine mascot of the Ramsey County Library system, can be seen throughout Ramsey County communities spreading the joy of reading to people of all ages at community and school events and encouraging residents to support local libraries; and WHEREAS, the Ramsey County Library Foundation, which supports the Ramsey County Library system by cultivating donations and financial grants, is sponsoring the fourth annual Taste of Books on November 15, 2003 at the Roseville Library from 7:00-10:00 p.m. to highlight the efforts of Ramsey County Library employees, volunteers, and donors to enrich our local libraries; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lauderdale, Minnesota that Saturday, November 15, 2003 be proclaimed: RAMSEY COUNTY LIBRAR Y FOUNDATION DA Y in the CITY OF LAUDERDALE And urge all citizens of Lauderdale to join the Ramsey County Library Foundation in recognition of the Ramsey County Library system and its employees, volunteers, and donors who have contributed to the vital and important role that libraries play in our community life. Adopted by the City Council of the City of Lauderdale, Minnesota this 281h day of October, 2003. (ATTEST) (SEAL) Jeffrey E. Dains, Mayor Rick Getschow, City Administrator M E M O S B Y J A M E S DATE: October 28, 2003 TO: Honorable Mayor and Council FROM: James Bownik, A2CA 0 2004 SCORE Funding Grant Applica ion Background SCORE funding grants are provided to municipalities in Ramsey County on an annual basis. The grant helps cover expenses related to the City's recycling program such as administration, promotion, equipment, or collection and helps keep down the overall cost to the residents. The amount of the grant available for Lauderdale in 2004 is $4,525. A resolution is required as part of the grant application Council Action Requested Approve Resolution No. 102803B requesting a SCORE grant from Ramsey County for recycling. RESOLUTION NO. 102803B THE CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ACCEPTING 2004 SCORE FUNDING FROM RAMSEY COUNTY FOR THE LAUDERDALE RECYCLING PROGRAM WHEREAS, SCORE Funding Grants are available to municipalities in Ramsey County for reimbursement of expenses related to administration, promotion, and collection of, recycling materials; and, WHEREAS, the City of Lauderdale has a comprehensive curbside residential recycling program currently in use; and, WHEREAS, these funds will provide Lauderdale with a method of paying for some incurred costs related to the administration of this program, thus aiding in keeping the cost to the residents low; NOW THEREFORE, BE IT RESOLVED that the Lauderdale City Council does hereby authorize staff to submit an application to the St. Paul - Ramsey County Department of Public Health - Environmental Health Section for allocation of 2004 SCORE Funding Grant Monies in the amount of $4,525.00. I CERTIFY THAT the above resolution was adopted by the City Council of the City of Lauderdale on this 28th day of October, 2003. (ATTEST) Jeffrey Dains, Mayor (SEAL) Rick Getschow, City Administrator M E M O S B Y J A M E S DATE: October 28, 2003 TO: Honorable Mayor and Council FROM: James Bownik, A2CA 3rd Quarter 2003 Financial and Investment Report There have been no unusual revenues or expenditures so far this year. This quarterly report reflects an accurate financial picture of the City's revenues and expenditures. Combined Funds 101 — 601 2002 2002 % of 2003 2003 % of 1/1 -9/30 Budget Budget 1/1 -9/30 Budget Budget Actual Budget Actual Revenues $2,141,874 $1,734,227 124% $2,223,744 $1,645,849 135% Expenditures $1,999,112 $1,840,718 109% $2,923,417 $1,958,767 149% The above table gives an overall picture of the City's finances compared to last year. At this point, revenues and expenditures are both above budget due to the 2003 street and utility improvement project (Fund 413). As you are aware, the 2003 street and utility project had not been ordered until after the budget had been approved. Thus, the actual revenues and expenditures so far this year for Funds 101-601 include about $979,000 in revenues and about $1,659,000 in expenditures from Fund 413, which the 2003 budget does not reflect. General Fund 101 Revenues Total $456,019 $844,343 54% $466,784 $872,874 53% Property taxes are mostly received in June and December. License and permit fees are slightly ahead of last year's pace. Intergovernmental revenue mostly consists of local government aid and fiscal disparities received from the State in July and December. Public Safety revenue includes court fines ($27,707) and false fire alarm invoice fees ($2,199). Charges for services included the third of four annual bond fee payments ($15,030) from the Children's Home Society and City Hall rental ($1575). Miscellaneous revenues include reimbursement from Falcon Heights for street lighting improvements on Fulham Street ($3,502) and a workers' comp audit refund ($608). A $1000 donation from the Lion's Club was received this quarter for new tables for the social room and events. 2002 2002 % of 2003 2003 % of 1/1 -9/30 Budget Budget 1/1 -9/30 Budget Budget Actual Actual Property Tax 157,026 366,898 43% 207,284 396,971 52% Licenses & Permits 17,270 8,480 204% 20,288 8,280 245% Intergovernmental 219,403 423,687 52% 182,161 422,213 43% Public Safety 29,767 32,468 92% 29,906 33,100 90% Charges for Services 19,746 810 2438% 16,887 310 5447% Interest 7,527 12,000 63% 4,004 12,000 33% Miscellaneous 5,280 0 +% 6,254 0 +% Transfers 0 0 0% 0 0 0% Total $456,019 $844,343 54% $466,784 $872,874 53% Property taxes are mostly received in June and December. License and permit fees are slightly ahead of last year's pace. Intergovernmental revenue mostly consists of local government aid and fiscal disparities received from the State in July and December. Public Safety revenue includes court fines ($27,707) and false fire alarm invoice fees ($2,199). Charges for services included the third of four annual bond fee payments ($15,030) from the Children's Home Society and City Hall rental ($1575). Miscellaneous revenues include reimbursement from Falcon Heights for street lighting improvements on Fulham Street ($3,502) and a workers' comp audit refund ($608). A $1000 donation from the Lion's Club was received this quarter for new tables for the social room and events. General Fund 101 Expenditures General Government 134,345 189,713 71% 127,317 191,234 67% Public Safety 216,541 277,272 78% 227,497 286,948 79% Public Works 68,667 100,363 68% 64,972 97,319 67% Park & Recreation 38,628 53,804 72% 40,407 54,857 74% Contingency 0 10,000 0% 0 10,000 0% Transfers 0 185,000 0% 0 185,000 0% Total $458,181 $816,152 56% $460,193 $825,358 56% General fund expenditures are pretty much on par with the 3rd quarter of last year. Police services are expected to be 28% of this year's total general fund expenditures. Special Revenue Funds 201 - 204 201 Community Events 1,646 2,275 72% 1,635 2,075 79% 202 Cable T.V. 12,882 10,100 128% 11,346 12,100 94% 203 Recycling 18,847 33,667 56% 19,573 35,048 56% Total $33,375 $46,042 72% $32,554 $49,223 66% 201 Community Events 1,754 1,850 95% 1,621 2,050 79% 202 Cable T.V. 9,721 14,380 68% 11,430 15,703 73% 203 Recycling 26,967 37,600 72% 25,738 39,109 66% Total $38,442 $53,830 71% $38,789 $56,862 68% 201 Community Events: Snow*Commotion revenues and expenses are $179/$639, while Day in the Park revenues and expenses are $1,332/$710. 202 Cable TV: The revenue is mostly from franchise fees ($11,069). An annual contribution to the North Suburban Cable Commission of $3,797 was made, as well as payment for technical services and website hosting ($2,749). 203 Recycling: The revenue is mostly from a Ramsey County SCORE Grant ($4,079). BFI has been paid $24,093 through the 3rd quarter. TIF Debt Service Fund 301 Revenues $64,103 $172,500 37% $64,252 $155,000 41% Expenditures $143,960 $204,460 70% $141,755 $141,755 100% The City made it's second to last TIF Bond principal and interest payment in January. The revenue will come with the tax settlement twice per year. . I , '00 Debt Service Fund 302 Revenues $50,111 $112,224 45% $38,465 $77,224 50% Expenditures $51,495 $51,495 100% $124,466 $124,665 100% Revenue is from assessment payments for the 2000 street project via property taxes and investment interest. The expenditure is from general obligation bond principal and interest payments. '02 Debt Service Fund 303 Revenues $32,823 $0 +% $13,213 $25,000 53% Expenditures $517 $0 +% $56,512 $57,175 99% Revenue is from assessment payments for the 2002 street project via property taxes and investment interest. The City made interest payments on the 2002 street/utility bonds in January and July. Capital Improvement Funds 401 - 413 401 Street Improve 5,724 75,000 8% 48,848 75,000 65% 402 General Improve 552 56,000 1% 482 1,000 48% 403 Storm Water Imp 31,124 99,218 31% 37,329 94,500 40% 404 Park Imp 1,101 22,000 5% 1,031 2,000 52% 405 TIF Project 0 60,000 0% 0 0 0% 407 Sanitary Sewer 2,272 16,500 14% 1,105 16,500 7% 409 Water Imp Fund 5,087 7,700 66% 19,608 7,700 255% 410'00 St/Util Imp Fund 1,730 0 +% 0 0 0% 411 '01 St/Util Imp Fund 155,766 0 +% 0 0 0% 412'02 St/Util Imp Fund 1,156,779 0 +% 352,768 38,000 928% 413'03 St/Util Imp Fund 0 0 0% 978,970 0 +% Total $1,360,135 $336,418 404% $1,440,141 $234,700 614% 401 Street Improve 0 60,000 0% 35,103 60,000 59% 402 General Improve 4,230 31,000 14% 0 1,000 0% 403 Storm Water Imp 21,919 61,139 36% 26,729 72,514 37% 404 Park Imp 3,461 0 +% 1,464 0 +% 405 TIF Project 6,579 70,045 9% 7,016 8,449 83% 407 Sanitary Sewer 0 10,000 0% 0 10,000 0% 409 Water Imp Fund 0 0 0% 18,334 0 +% 410'00 St/Util Imp Fund 2,496 0 +% 0 0 0% 411 '01 St/Util Imp Fund 112,208 256,000 44% 0 0 0% 412'02 St/Util Imp Fund 993,294 0 +% 231,238 370,000 62% 413'03 St/Util Imp Fund 0 0 0% 1,659,145 0 +% Total $1,144,187 $488,184 234% $1,979,029 $521,963 379% Revenue for funds 401-409 is from storm sewer fees, water surcharge fees, the 2001 street assessments and reimbursements. Expenses for funds 401-409 are mostly attributed to a final bill for Larpenteur Avenue reconstruction ($31,516 engineering and $18,334 water main) and the new storm water permit requirements ($10,590). Revenue for Fund 412 is mostly from grant monies and reimbursement from St. Paul Regional Water for water main improvements. Revenue for Fund 413 is mostly from bond proceeds. Fund 412 expenditures are $189,670 for street repair and $41,568 for engineering. Fund 413 expenditures were mostly for street repair ($1,356,768) and engineering ($295,247). Sewer Utility Fund 601 Revenue $145,308 $222,700 65% $168,335 $231,828 73% Expenditures $162,847 $226,597 72% $122,673 $230,989 53% Fund 601 expenditures are about 19% less than last year at this point. This is mostly due to lower wastewater treatment costs by Metropolitan Council Environmental Services. INVESTMENTS The following is a comparison of the amount of funds the City has invested for the past 3 years: September '01: $2,341,603 September '02: $2,691,776 September '03: $1,742,494 The City's investments as of September 30, 2003 are attached for your review. CITY COUNCIL ACTION REQUESTED Motion to approve the 3rd Quarter 2003 Financial & Investment Report. City of Lauderdale Investments through September 30, 2003 Maturity Purchase Purchasing Depository Investment Interest Days Amount Estimated lonthiyintere Interest Date Date Agent Name Type Rate Held Invested Interest Received Dates 6/16103 6/14102 MJSK Eagle Bank 12 mo cd 2.950 367 US Bank $0.00 matured at 100,000 (97,119 + 2881) 6117/03 6/17102 MJSK Pennsylvania Business Bank 12 mo cd 2.950 365 $397,444.92 23% matured at 100,000 (97,134+2866) 12/15/03 6/17103 MJSK INDYMAC BANK/PASADENA 6 mo cd 1.500 180 $99,261.66 $738.34 No time limit maturity 12/15/03 6/16103 MJSK COMMERCE BANK/PENNSYLVANIA 6 mo cd 1.450 180 $99,282.18 $717.82 maturity 12/15/03 6/16/03 MJSK NBANK/COMMERCE, GA 6 mo cd 1.550 180 $99,233.06 $766.94 maturity 12/15/03 6/16103 MJSK COMMUNITY BANK/PASADENA 6 mo cd 1.350 180 $99,331.36 $668.64 maturity 4/23104 9/24/03 MJSK COLONIAL BANK 7 mo cd 1.600 212 $99,079.25 $920.75 maturity 3/23/04 9/24/03 Northland ADVANTAGE BANK 6 mo cd 1.286 174 $99,364.48 $635.52 maturity 3/19/04 9/24/03 Northland BANK HYDRO 6 mo cd 1.336 174 $99,354.61 $645.39 maturity 3/19/04 9124/03 Northland FIRST BANK MIAMI 6 mo cd 1.386 174 $99,330.68 $669.32 maturity 3/18/04 9/24/03 Northland SELECT BANK 6 mo cd 1.286 174 $99,382.06 $617.94 maturity Northland Pershing LLC Money Market $13.09 Wells Fargo Wells Fargo Prime Investment MM Fund Money Market $37,781.58 $16.67 monthly Insight Inv League of MN Cities 4M Fund Money Market $209,974.97 $127.61 monthly Insight Inv League of MN Cities 4M Plus Money Market $601,105.08 $743.38 monthly 1.463 $1,742,494.06 $887.66 Average Total Monthly Interest Rate Investments Received Investments as of 9130103 Fed Agency Purchasing Agent Amount Percentage Smith Barney $0.00 0% US Bank $0.00 0% Dain Rauscher $0.00 0% Wells Fargo $37,781.58 2% Northland $397,444.92 23% MJSK $496,187.51 26% League of MN Cities $811,080.05 47% Total $1,742,494.06 100% Investments as of 9130103 Fed Agency $0.00 0% Commercial Paper $0.00 0% Treas & 100% Agency $0.00 0% Certifed Deposit $893,619.34 51% Money Market $848,874.72 49% Total $1,742,494.06 100% Investments as of 9130103 Up to t year $893,619.34 51% 2 to 3 years $0.00 0% 3 years & over $0.00 0% No time limit $848,874.72 49% Total $1,742,494.06 100% N N N + + + T A n r p p N m .rS O O Y� .0., .� .� 0 0 o m m m m m m m m m E E E E E E E E E 4 0 0 0 E E E 0 0 o m v aai m > > E E ;SEE E N a) j/( C T a) ^ co N r0 W O O> p (O W Q T N N Nww o� E al W C 6969 O G a C .O-. 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(o v M �V w 69 t9 Of c d O a) O m Q U rn( = z G C E (ur1 a E ccoo m c m m d ti 2. SEN Nig G a_0) 0zF- 000(��o 0000ivv M N N M � O O M T O1 U OM 0 01 O( 0 Q a a o o a T O N 0 m m � � E rn aS T N Q E > a E -E c i4 c ro rw 0 s N �ioono oioovv m co W ro r- 60 V M � O O M Ol O N do M m Z F 49 � > G . T p FO c N CITY OF LAUDERDALE MEMORANDUM TO: Mayor and Council Members FROM: Kevin Walsh, Deputy Clerk SUBJECT: Civil Penalties for Violation of Liquor Ordinance DATE: October 28, 2003 BACKGROUND As directed by the City Council, I have drafted an addition to Title 3, Chapter 2 of the City Code in reference to liquor violations. This addition specifically relates to presumptive civil penalties. Currently, the City Code gives the Council sufficient cause to revoke a license issued for any violation. This supplementary addition (3-2-15) will create minimum objective penalties for those persons who violate the laws of selling alcoholic beverages without changing any language in the current code. Along with the list of civil penalties is a paragraph that reiterates Section 3-2-14—"The conviction of the licensee, agent, employee, etc. shall be sufficient cause for the City Council to revoke any license issued. This addition asserts that it will not limit the authority of the City Council. Enclosed is the draft ordinance. COUNCIL ACTION REQUESTED Consider revising City Code Title 3 (Business Regulations), Chapter 2 (Liquor Control) following final review by the City Attorney. 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 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 I > 111 LA605 3-2 (3) hours during one day of any license year. (Ord. 6, 7-25-1989; 1996 Code) 3-2-6: INVESTIGATION 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. LA605 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 servant or employee of said licensee Chapter shall be sufficient cause for anv license issued to such licensee. any clerk, barkeeper, agent, on the violation of this the City Council to revoke (Ord. 6, 7-25-1989) The / ' ~ LA605 3-2 (5) s, commit men s promises 11 1 11 LA605 3-2 (6) 3-2-16: VIOLATION: Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor. (Ord. 6, 7-25-1989)