Loading...
HomeMy WebLinkAbout11/12/2003LAUDERDALE CITY COUNCIL MEETING AGENDA WEDNESDAY, NOVEMBER 12, 2003 CITY HALL, 8:00 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. )IM 14IT, 14:191ki[C2%Z6]:U74:7_1kff:1111JAIT, I 2. ROLL: Councilmembers: McCloskey Christensen Gill -Gerbig Giannetti _ Mayor Dains Staff Getschow 3. APPROVAL OF THE AGENDA 4. APPROVAL A. Approval of minutes of 10/28/03 City Council Meeting B. Approval of claims totaling $15,903.65 C. Approval of Pay Request #7 for the 2003 Street and Utility Improvements for S.M. Hentges and Sons in the amount of $5,133.99 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 November 12, 2003 Page 2 6. CONSENT 7. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS/ CITIZENS ADDRESSING STREET AND UTILITY IMPROVEMENTS 8. INFORMATIONAL PRESENTATIONS A. City Prosecution 101 (Lauderdale Prosecutor Martin Costello, Hughes and Costello) 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 111203A: Resolution Certifying the Election Returns of the November 4, 2003 General Municipal Election B. Consideration of a revision to the Lauderdale City Code Title 6 (Motor Vehicles), Chapter 1 (Parking Restrictions) 12. DISCUSSION A. Consideration of a revision to the Lauderdale City Code Title 3 (Business Regulations), Chapter 2 (Liquor Control) 13. ITEMS REMOVED FROM THE CONSENT AGENDA 14. ADDITIONAL ITEMS 15. SET AGENDA FOR NEXT MEETING 16. ADJOURNMENT Lauderdale City Council Meeting Minutes October 28, 2003 1. Meeting called to order at 7:00 P.M. 2. ROLL Council present: Christensen, McCloskey, Gill -Gerbig, Giannetti 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 with the addition of item 8 (A) Halloween party announcement and 11 (E) City representation on a sub -watershed committee. Motion carried unanimously. 4. APPROVAL A. Approval of Minutes. Motion by Gill -Gerbig, second by McCloskey to approve the minutes of the October 14, 2003 City Council meeting. Motion carried unanimously. B. Approval of Claims totaling $51,204.02. Motion by Christensen, second by McCloskey to approve the claims totaling $51,204.02. Motion carried unanimously. 5. OPPORTUNITY FOR THE PUBLIC TO ADDRESS ITEMS NOT ON THE AGENDA Lauderdale City Council Meeting Minutes, October 28, 2003 Page 2 6. CONSENT 7. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS/ CITIZENS ADDRESSING STREET AND UTILITY IMPROVEMENTS A. Halloween Party. Council member and Park and Community Involvement Committee (PCIC) liaison Giannetti reminded everyone about Halloween party at City Hall on Friday, October 31" from 5:00-7:00 p.m. There will be candy, hot dogs, mini -donuts, the maze, kid's movies, and a special appearance by magician "Giannetti the Magnificent". INFORMATIONAL PRESENTATIONS A. Housing Resource Center. Jennifer Bergman, of the Greater Metropolitan Housing Coalition, gave presentation to the Council on the many housing programs and initiatives provided by her organization. She focused on a program called the Housing Resource Center that provides housing services for many of the Ramsey County suburbs. She presented a short video that promotes the Housing Resource Center as a clearinghouse of information and assistance for homeowners and potential homeowners. 9. REPORTS 10. PUBLIC HEARINGS 11. ACTION A. Resolution 102803A: A Resolution Proclaiming Saturday, November 15, 2003 as Ramsey County Library Foundation Day in the City of Lauderdale. The City Administrator stated that the City received a request from the Ramsey County Library Foundation that the City by resolution proclaim November 15, 2003 as Ramsey County Library Foundation Day. The County library system plans on prominently displaying all suburban Ramsey County city proclamations within their libraries as part of a major fundraising event. Motion by Christensen, second by McCloskey to approve Resolution 102803A: A Resolution Proclaiming Saturday, November 15, 2003 as Ramsey County Library Foundation Day in The City Of Lauderdale. Roll: Yes: all. Motion carried. Lauderdale City Council Meeting Minutes, October 28, 2003 Page 3 B. Resolution 102803B: A Resolution Accepting 2004 SCORE Funding from Ramsey County for the Lauderdale Recycling program. The City Administrator provided a brief overview of the programs that SCORE grant funding provides. He also stated that the Council would be discussing the Recycling Fund and the 2004 recycling rates at a November Council meeting. Motion by McCloskey, second by Gill -Gerbig to approve Resolution 102803B: A Resolution Accepting 2004 SCORE Funding from Ramsey County for the Lauderdale Recycling program. Roll: Yes: all. Motion carried. C. 3rd Quarter Financial and Investment Report. The Administrator provided a brief overview of the current financial picture of the City through a report prepared by the Assistant to the City Administrator. Motion by Giannetti, second by Gill -Gerbig to approve the 3rd Quarter Financial and Investment Report. Roll: Yes: all. Motion carried. D. Consideration of a revision to the Lauderdale City Code Title 3 (Business Regulations), Chapter 2 (Liquor Control)- civil penalty schedule for liquor licensees. The City Administrator presented a draft of a revision to the City Code as it relates to civil penalties for violations of the liquor control ordinance. The revision was modeled from the City of Saint Anthony and the City of Falcon Heights ordinances of which are both enforced by our Police Department. The City Council requested further clarification on a few of the penalties. They also requested more options in terms of fines and suspensions for a seller of liquor who violates the ordinance. The Administrator stated that the ordinance would then come back for further review at the next Council meeting. E. City representation on a sub -watershed committee. Council member Gill -Gerbig brought forward a request she had received for the city to have representation on a master planning committee for the Bridal Veil Creels sub - watershed of the Mississippi Watershed Management Organization covering parts of Minneapolis, Lauderdale, and St. Paul. The consensus was that Gill -Gerbig should serve on this committee as a result of her qualifications and her representation on the Mississippi Watershed Management Organization (MWMO). An appointment by the City Council to the committee will be made once an official request comes forward. Lauderdale City Council Meeting Minutes, October 28, 2003 Page 4 12. ITEMS REMOVED FROM THE CONSENT AGENDA 13. ADDITIONAL ITEMS 14. SET AGENDA FOR NEXT MEETING 1. Canvassing 2003 Municipal Election Results 2. City Prosecutor Presentation 3. City Code revision- Liquor Control- civil penalty schedule 15. ADJOURNMENT Motion by McCloskey, second by Gill -Gerbig to adjourn at 8:00 P.M. Ayes: All. CITY OF LAUDERDALE Claims for Approval November 12, 2003 City Council Meeting Payroll 11/7/03 Payroll: Check # 7450-7461 $6,822.42 11/7/03 Payroll: EFT: Federal Withholding Taxes/FICA $2,484.60 11/7/03 Payroll: EFT: PERA $1,035.37 11/7/03 Payroll: EFT: ICMA Retirement Fund $1,280.43 Vendor Claims 11/12/03 Claims: Check # 16604-16619,16621-16623 $4,280.83 Subtotal of Claims From Above SM Hentges & Sons Check # 16620 $15,903.65 $5,133.99 Total Claims for Approval $21,037.64 CITY OF LAUDERDALE 11/06/03 11:49 AM Page 1 Paid Register Check Employee Pay Pay Group Check Check Numbe Number Employee Name Period Description Amount Date Status 007450 000000042 BARLOW, EVELYN 23 BI -WEEKLY $70.00 11/7/03 Outstanding 007451 000000011 BOWNIK, JAMES 23 BI -WEEKLY $1,000.43 11/7/03 Outstanding 007452 000000003 GETSCHOW, RICK 23 BI -WEEKLY $1,874.79 11/7/03 Outstanding 007453 000000039 GORDEN, ELEANOR 23 BI -WEEKLY $70.00 11/7/03 Outstanding 007454 000000041 HAWKINSON, DENISE 23 BI -WEEKLY $70.00 11/7/03 Outstanding 007455 000000002 HINRICHS, DAVID C 23 BI -WEEKLY $1,377.14 11/7/03 Outstanding 007456 000000005 HUGHES, JOSEPH A 23 BI -WEEKLY $1,004.86 11/7/03 Outstanding 007457 000000052 JAMES, VIRGINIA 23 BI -WEEKLY $105.00 11/7/03 Outstanding 007458 000000048 LAWRENCE, DONNA 23 BI -WEEKLY $136.00 11/7/03 Outstanding 007459 000000021 MATHENY, VIRGINIA 23 BI -WEEKLY $114.42 11/7/03 Outstanding 007460 000000033 SCHMIDT, MAE 23 BI -WEEKLY $120.35 11/7/03 Outstanding 007461 000000037 WALSH, KEVIN 23 BI -WEEKLY $879.43 11/7/03 Outstanding 007449 VOID 23 $0.00 11/7/03 Void $6,822.42 E CITY OF LAUDERDALE Vendor Transactions 11/07/03 11:07 AM Page 1 CHECK Check Batch Nbr Date Name Invoice Amount Comments Search Name CARE AIR CONDITIONING/HEATING $850.00 11/03 legal retainer 016604 11/12/03 111203claims 1478 $173.00 repair social room furnace Search Name CARE AIR CONDITIONING/HEATING $173.00 Search Name CINTAS $737.50 09/03 legal fees 016605 11/12/03 111203claims 11/12/03 $74.46 10/30, 11/6 pw uniforms Search Name CINTAS $74.46 Search Name CITY OF FALCON HEIGHTS 111203claims 11/12/03 016606 11/12/03 111203claims 11/12/03 $359.00 09/03 fire calls Search Name CITY OF FALCON HEIGHTS $359.00 Search Name EAST HENNEPIN AUTO SERVICE INC 016614 016607 11/12/03 111203claims 11/12/03 $9.00 10/03 truck fuel 016607 11/12/03 111203claims 11/12/03 $9.00 10/03 truck fuel Search Name EAST HENNEPIN AUTO SERVICE INC $18.00 Search Name ELDER -JONES BUILDING PERMIT 016614 016608 11/12/03 111203claims 11/12/03 $301.75 refund building permit fees Search Name ELDER -JONES BUILDING PERMIT $301.75 Search Name GLENWOOD INGLEWOOD 111203claims 11/12/03 016609 11/12/03 111203claims 11/12/03 $53.68 10/03 water delivery Search Name GLENWOOD INGLEWOOD $53.68 Search Name HOME DEPOT CRC 016610 11/12/03 111203claims 4100962 $19.86 garage maintenance supplies 016610 11/12/03 111203claims 4100962 $76.75 charcoal grill 016610 11/12/03 111203claims 4100962 $11.61 warming house repairs Search Name HOME DEPOT CRC $108.22 Search Name HUGHES & COSTELLO 016611 11/12/03 111203claims 11/12/03 $35.25 11/03 print/process 016611 11/12/03 111203claims 11/12/03 $850.00 11/03 legal retainer Search Name HUGHES & COSTELLO $885.25 Search Name KENNEDY & GRAVEN Search Name NORTH STAR BANK, PETTY 016612 11/12/03 111203claims 58687 $737.50 09/03 legal fees Search Name KENNEDY & GRAVEN $737.50 Search Name NELSON CHEESE AND DELI 016613 11/12/03 111203claims 5625 $55.56 lunches election judges Search Name NELSON CHEESE AND DELI $55.56 Search Name NORTH STAR BANK, PETTY 016614 11/12/03 111203claims 11/12/03 $49.68 jb mileage 016614 11/12/03 111203claims 11/12/03 $7.00 rg parking 016614 11/12/03 111203claims 11/12/03 $6.00 ry rec d jennrich 016614 11/12/03 111203claims 11/12/03 $21.00 pizza election judges 016614 11/12/03 111203claims 11/12/03 $11.24 furnace supplies 016614 11/12/03 111203claims 11/12/03 $21.00 pizza pcic 016614 11/12/03 111203claims 11/12/03 $20.00 reimb barlow - ice CITY OF LAUDERDALE 11/07/0311:07 AM Page 2 Vendor Transactions CHECK Check Batch Nbr Date Name Invoice Amount Comments Search Name NORTH STAR BANK, PETTY $135.92 Search Name OFFICE MAX 016615 11/12/03 111203claims 7083j293 016615 11/12/03 111203claims 5j275 Search Name OFFICE MAX Search Name PARK HARDWARE HANK 016616 11/12/03 111203claims 11/12/03 Search Name PARK HARDWARE HANK Search Name PARK SERVICE 016617 11/12/03 111203claims 11/12/03 016617 11/12/03 111203claims 11/12/03 016617 11/12/03 111203claims 11/12/03 Search Name PARK SERVICE Search Name RAPIT PRINTING 016618 11/12/03 111203claims 103668 016618 11/12/03 111203claims 103668 Search Name RAPIT PRINTING Search Name ROTARY CLUB OF ROSEVILLE, MN 016619 11/12/03 111203claims 11/12/03 Search Name ROTARY CLUB OF ROSEVILLE, MN Search Name SM HENTGES & SONS 016620 11/12/03 111203claims pay req 7 Search Name SM HENTGES & SONS Search Name ST PAUL REGIONAL WATER SERVICE 016621 11/12/03 111203claims 11/12/03 016621 11/12/03 111203claims 11/12/03 Search Name ST PAUL REGIONAL WATER SERVICE Search Name VICTORSEN, CATHERINE 016622 11/12/03 111203claims 11/12/03 Search Name VICTORSEN, CATHERINE Search Name XCEL ENERGY 016623 11/12/03 111203claims 11/12/03 016623 11/12/03 111203claims 11/12/03 016623 11/12/03 111203claims 11/12/03 016623 11/12/03 111203claims 11/12/03 016623 11/12/03 111203claims 11/12/03 016623 11/12/03 111203claims 11/12/03 016623 11/12/03 111203claims 11/12/03 016623 11/12/03 111203claims 11/12/03 016623 11/12/03 111203claims 11/12/03 016623 11/12/03 111203claims 11/12/03 Search Name XCEL ENERGY $49.49 general office supplies $70.98 general office supplies $120.47 $58.95 warming house repairs $58.95 $78.53 10/03 truck fuel $242.35 truck repairs $78.52 10/03 truck fuel $399.40 $38.39 building permit aps $167.30 print 4g03 newsletter $205.69 $219.00 4g03 membership dues $219.00 $5,133.99 03 street/utility improvements $5,133.99 $70.15 3g03 city hall and garage water bill $19.89 3g03 city hall and garage water bill $90.04 $24.00 ry rec reimb 2x12 $24.00 $19.63 10/03 park utilities $48.04 10/03 city hall utilities $16.01 10/03 city hall utilities $94.35 10/03 city hall utilities $31.45 10/03 city hall utilities $14.74 10/03 garage utilities $14.75 10/03 garage utilities $6.83 10/03 garage utilities $8.32 10/03 park utilities $6.82 10/03 garage utilities $260.94 CITY OF LAUDERDALE 11/07/03 11:07 AM Page 3 Vendor Transactions CHECK Check Batch Nbr Date Name Invoice Amount Comments Grand Total $9,414.82 Bonestroo 0 Rosene Anderlik & Associates Engineers & Architects Owner: City of Lauderdale, 1891 Walnut St., Lauderdale, MN 55113 Date: November 3, 2003 For Period: 10/8/2003 to 11/3/2003 Request No: 7 Contractor: S. M. Hent es 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 2 Change Order - Addition 3 Change Order- Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 5% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor: S M HENTGES AND SONS INC Specified Contract Completion Date: October 31, 2003 53202103REQ7 7 $ 0.00 $ 0.00 Approved by Owner: CITY OF LAUDERDALE Date: $ 1,696,724.39 $ 1,696,724.39 $ 1,486,798.43 $ 0.00 $ 1,486,798.43 $ 74,339.92 $ 1,412,458.51 $ 1,407,324.52 $ 0.00 $ 5,133.99 Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 PART 1 - STREETS: SY MOBILIZATION LS TRAFFIC CONTROL LS SILT FENCE, REGULAR LF WOOD FIBER BLANKET SY HAY BALES EA SEEDING AC RECLAIM BITUMINOUS PAVEMENT SY REMOVE BITUMINOUS PAVEMENT SY REMOVE CONCRETE SIDEWALK SF REMOVE CONCRETE CURB AND GUTTER LF REMOVE CONCRETE PAVEMENT SF REMOVE FENCE LF REMOVE CONCRETE STEP EA CLEAR AND GRUB TREE ADJUST MANHOLE CASTING EA ADJUST VALVE BOX EA COMMON EXCAVATION (P) CY EXCAVATION - TRAIL LF SELECT GRANULAR BORROW (CV) CY SUBGRADE EXCAVATION (EV) CY GEOTEXTILE FABRIC, TYPE IV SY 4" PERFORATED POLYETHYLENE PIPE LF CONNECT DRAIN TILE TO STRUCTURE EA AGGREGATE BASE, CLASS 5 (CV) CY AGGREGATE BASE, CLASS 5 - TRAIL (CV) CY BITUMINOUS MATERIAL FOR TACK COAT GAL BITUMINOUS BASE COURSE TYPE 31 TN BITUMINOUS WEAR COURSE TYPE 41 TN BITUMINOUS WEAR COURSE TYPE 41A - $1,358.00 TRAIL TN BITUMINOUS PATCHING SY BITUMINOUS DRIVEWAY PATCHING SY 8618 CONCRETE CURB AND GUTTER LF CONCRETE STREET PATCHING SF 7" CONCRETE DRIVEWAY PAVEMENT SF CONCRETE STEP EA 4" CONCRETE SIDEWALK SF PEDESTRIAN CURB RAMP EA SODDING, LAWN TYPE SY STREET NAME SIGN (2 BLADES), INCL POST 8.19 AND HARDWARE EA DITCHING LF Total PART 1 - STREETS: PART 1 - STREETS: - Bid Amount Total - $967,850.09 PART 2 - ALLEY IMPROVEMENTS: REMOVE BITUMINOUS PAVEMENT SY REMOVE CONCRETE PAVEMENT SF CLEAR AND GRUB LS COMMON EXCAVATION (EV) CY MOTOR GRADER WITH OPERATOR HR FRONT END LOADER WITH OPERATOR HR SKIDSTEER (BOBCAT) WITH OPERATOR HR AGGREGATE BASE, CLASS 5 TN BITUMINOUS MATERIAL FOR TACK COAT GAL BITUMINOUS BASE COURSE TYPE 31 TN BITUMINOUS WEAR COURSE TYPE 41 TN Total PART 2 - ALLEY IMPROVEMENTS: PART 2 - ALLEY IMPROVEMENTS: - Bid Amount Total - $92,067.50 PART 3 - STORM SEWER: 52 REMOVE MANHOLE EA 53 REMOVE CATCH BASIN EA 54 REMOVE REINFORCED CONCRETE PIPE (RCF LF 53202103REQ7 1 69081.09 0.9 $62,172.98 1 7000.00 0.9 $6,300.00 400 1.50 53 $79.50 400 3.10 866 866 $2,684.60 10 8.00 $0.00 0.3 3780.00 0.11 0.11 $415.80 22000 0.75 21370 $16,027.50 1900 3.50 1068 $3,738.00 3450 0.40 1875 $750.00 30 3.00 154 $462.00 5400 0.50 5867 $2,933.50 550 2.00 679 $1,358.00 60 50.00 25 $1,250.00 22 200.00 20 $4,000.00 2 200.00 $0.00 2 125.00 $0.00 20875 8.19 20875 $170,966.25 130 12.00 $0.00 8500 11.65 8311 $96,823.15 1000 7.25 46 $333.50 26500 1.00 24805 $24,805.00 1600 3.75 1680 $6,300.00 32 50.00 34 $1,700.00 6400 18.00 5563 $100,134.00 45 21.25 $0.00 1250 1.50 400 $600.00 2800 32.50 2579 $83,817.50 2100 35.50 $0.00 20 62.00 $0.00 740 44.75 $0.00 770 21.50 593.3 $12,755.95 13125 7.60 12329 $93,700.40 150 11.80 150 $1,770.00 9400 5.20 15982 $83,106.40 60 170.00 79 $13,430.00 3450 3.25 3844 $12,493.00 3 200.00 4 $800.00 15000 1.80 51 17693 $31,847.40 8 230.00 8 8 $1,840.00 360 10.00 $0.00 $839,394.43 40 5.00 71 $355.00 30 0.75 464 $348.00 1 1000.00 1 $1,000.00 1500 10.00 1690 $16,900.00 50 100.00 7 $700.00 20 105.00 3 $315.00 85 82.00 57 $4,674.00 1500 10.50 2028 $21,294.00 280 1.50 330 $495.00 700 36.00 848 $30,528.00 530 38.50 877 $33,764.50 $110,373.50 13 150.00 13 $1,950.00 6 150.00 8 $1,200.00 1100 7.00 1416 $9,912.00 a 53202103REQ7 Contract Unit Current Quantity Amount No. 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 III 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 -1642-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 $0.00 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 53202103REQ7 0 53202103REQ7 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 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 3.10 120 475 $1,472.50 137 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 53202103REQ7 Total PART 1 - STREETS: Total PART 2 - ALLEY IMPROVEMENTS: Total PART 3 - STORM SEWER: Total PART 4 - SANITARY SEWER: Total PART 5 - WATER MAIN: Total PART 6 - WARMING HOUSE DRIVE AND PARKING AREA: Total ALTERNATE NO. 1 - NATURE AREA DRAINAGE IMPROVEMENTS: Total Work Completed To Date 53202103REQ7 Quantity Amount to Date to Date 69 $2,277.00 18 $720.00 1 $1,064.00 18 $1,620.00 1 $1,908.00 $16,986.50 $839,394.43 $110,373.50 $212,180.50 $207,209.50 $94,975.50 $5,678.50 $16,986.50 $1,486,798.43 Contract Unit Current No. Item Unit Quantity Price Quantity 146 18" HDPE STORM SEWER LF 53 33.00 147 18" RCP STORM SEWER, CLASS 5 LF 8 40.00 148 18" RCP FLARED END SECTION, INCL TRASH GUARD EA 1 1064.00 149 CLASS III GROUTED RIPRAP CY 18 90.00 150 4' DIA STORM SEWER MH. INCL R -1642-B CSTG AND CONC ADJ RINGS EA 1 1908.00 Total ALTERNATE NO. 1 - NATURE AREA DRAINAGE IMPROVEMENTS: ALTERNATE NO. 1 - NATURE AREA DRAINAGE IMPROVEMENTS: - Bid Amount Total - $17,980.00 Total PART 1 - STREETS: Total PART 2 - ALLEY IMPROVEMENTS: Total PART 3 - STORM SEWER: Total PART 4 - SANITARY SEWER: Total PART 5 - WATER MAIN: Total PART 6 - WARMING HOUSE DRIVE AND PARKING AREA: Total ALTERNATE NO. 1 - NATURE AREA DRAINAGE IMPROVEMENTS: Total Work Completed To Date 53202103REQ7 Quantity Amount to Date to Date 69 $2,277.00 18 $720.00 1 $1,064.00 18 $1,620.00 1 $1,908.00 $16,986.50 $839,394.43 $110,373.50 $212,180.50 $207,209.50 $94,975.50 $5,678.50 $16,986.50 $1,486,798.43 PROJECT PAYMENT STATUS OWNER CITY OF LAUDERDALE BRA FILE NO. 532-02-103 CONTRACTOR S M HENTGES AND SONS INC CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Pavment Retainage rmmn1c-fpH 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 08/04/03 403,763.50 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 7 10/08/2003 11/03/03 5,133.99 74,339.92 1,486,798.43 Material on Hand Total Payment to Date $1,412,458.51 Original Contract $1,696,724.39 Retainage Pay No. 7 74,339.92 Change Orders Total Amount Earned $1,486,798.43 Revised Contract $1,696,724.39 53202103REQ7 Lauderdale City Council Memorandum Council Meeting Date: November 12, 2003 To: Mayor and City Council From: Rick Getschow, City Administrator Agenda Item: City Prosecutor 101 Presentation BACKGROUND: City Prosecutor Martin Costello will be present at the meeting to provide the City Council with a Power Point presentation on city prosecution. Mr. Costello will also answer any questions or address any concerns that the Council may have. One such question may involve his opinion or analysis on the potential closure of a Ramsey County suburban court. MEMOS BY JAMES DATE: NOVEMBER 12, 2003 TO: HONORABLE MAYOR AND COUNCI �W FROM: JAMES BOWNIK, A2CA RE: RESOLUTION TO CANVASS ELECTION RESULTS BACKGROUND Attached is a preliminary resolution for the results of the General Municipal Election on November 4, 2003. However, we have received a written request for a recount of the results for the Office of City Council. The recount will take place before the Council meeting on Wednesday, November 12th at 5:00 p.m. at Lauderdale City Hall. After the recount is complete, I will be able to provide the Council with an updated resolution that will include the results of the recount. The original results and the recount results are included in one resolution. RESOLUTION NO. 111203A CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION CERTIFYING THE ELECTION RETURNS OF THE NOVEMBER 4, 2003 GENERAL MUNICIPAL ELECTION AND THE NOVEMBER 12, 2003 RECOUNT RESULTS FOR THE OFFICE OF CITY COUNCIL WHEREAS, the City of Lauderdale election judges have tabulated the votes of the General Municipal Election of November 4, 2003 in Precinct I for Mayor for a term of two years and two Council members for a term of four years effective January 1, 2004, with the following results: MAYOR VOTES Jeffrey E. Dains 321 COUNCIL MEMBERS VOTES Moose Giannetti 219 Karen A. Gill -Gerbig 194 Leanne Lemire 193 Ryan Mach 153 AND WHEREAS, the City of Lauderdale election judges have tabulated the votes of the November 12, 2003 recount for the Office of City Council with the following results: Karen A. Gill -Gerbig Leanne Lemire (votes) (votes) NOW THEREFORE, BE IT RESOLVED by the Canvassing Board that Jeffrey E. Dains is duly declared elected to the Office of Mayor for a term of two years beginning January 1, 2004, and that Moose Giannetti and (name) are duly declared elected to the Office of City Council for a term of four years beginning January 1, 2004. BE IT ALSO RESOLVED, that the City Clerk be directed to certify such election returns to the Ramsey County Auditor. I CERTIFY THAT the above resolution was adopted by the City Council of Lauderdale on this 12th day of November, 2003. (ATTEST) (SEAL) Jeffrey E. Dains, Mayor Richard B. Getschow, City Administrator Lauderdale City Council Memorandum Council Meeting Date: November 12, 2003 To: Mayor and City Council From: Rick Getschow, City Administrator Agenda Item: Consideration of a revision to the Lauderdale City Code Title 6 (Motor Vehicles), Chapter 1(Parking Restrictions) c __ o1fRW At the October 14, 2003 City Council work session, the Council discussed the parking ordinance as it relates to the street parking of large recreational vehicles. As you know, 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 not be parked on the city street for more than 3 consecutive days or 30 calendar days in a year. There is a draft of an ordinance revision in the packet that strikes the "more then 20 feet in length" language. This shall mean that all house trailers, mobile homes, vacation trailers, vacation buses, boat trailers, or similar recreation vehicles may not be parked on the city street for more than 3 consecutive days or 30 calendar days in a year. The proposed revision has been placed on the city website as an information piece to residents. There have not been any comments on the proposal. If approved, the parking ordinance revision would become effective following publication in the Roseville Review. *,11 [effellffla*151 Draft revision to Lauderdale City Code Title 6 (Motor Vehicles), Chapter 1 (Parking Restrictions). COUNCIL ACTION REQUESTED: Motion to approve revision to the Lauderdale City Code Title 6 (Motor Vehicles), Chapter 1 (Parking Restrictions). I I < < LA605 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. D. Three Day/Thirty Day Maximum: No vehicles hereinafter described may be parked upon any public street within the City for three (3) consecutive days or a total of more than thirty (30) days during any calendar year. 1. House Trailer, Mobile Home, Or Recreational Vehicles: House trailer, mobile home, vacation trailer, vacation bus, boat trailer, or similar recreational vehiclel more "-an twenty feet (2e') in lengt+t—. 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. . I , , 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) MEMOS BY JAMES DATE: NOVEMBER 12, 2003 TO: HONORABLE MAYOR AND COUNCIL FROM: JAMES BOWNIK, A2CA RE: RESOLUTION TO CANVASS ELECTION RESULTS I aim:(r7 Z�11P► f 7 The recount of the results of the November 4, 2003 General Municipal Election for the Office of City Council was completed today. The following are the results of today's recount: Candidate Votes Karen A. Gill -Gerbig 194 Leanne Lemire 193 The recounted ballots were hand -counted. machine -counted ballots from November 4 the election results to reflect these figures. are included in one resolution. Today's results are the same results as the I have updated the resolution canvassing The original results and the recount results Note: Voter turnout on Election Day was 24.73%. This is based on 395 ballots cast by 1597 eligible voters. COUNCIL ACTION REQUESTED Approve Resolution No. 111203A certifying the election returns of the November 4, 2003 General Municipal Election and the November 12, 2003 recount results for the Office of City Council. November 12, 2003 Recount of the November 4, 2003 Lauderdale General Election For the Office of City Council I certify the following recount results: Candidate Karen A. Gill -Gerbig Leanne Lemire Votes Number of Challenged Ballots � Election Judge Election J dge RESOLUTION NO. 111203A CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION CERTIFYING THE ELECTION RETURNS OF THE NOVEMBER 4, 2003 GENERAL MUNICIPAL ELECTION AND THE NOVEMBER 12, 2003 RECOUNT RESULTS FOR THE OFFICE OF CITY COUNCIL WHEREAS, the City of Lauderdale election judges have tabulated the votes of the General Municipal Election of November 4, 2003 in Precinct I for Mayor for a term of two years and two Council members for a term of four years effective January 1, 2004, with the following results: MAYOR VOTES Jeffrey E. Dains 321 COUNCIL MEMBERS VOTES Moose Giannetti 219 Karen A. Gill -Gerbig 194 Leanne Lemire 193 Ryan Mach 153 AND WHEREAS, the City of Lauderdale election judges have tabulated the votes of the November 12, 2003 recount for the Office of City Council with the following results: Karen A. Gill -Gerbig Leanne Lemire 194 (votes) 193 (votes) NOW THEREFORE, BE IT RESOLVED by the Canvassing Board that Jeffrey E. Dains is duly declared elected to the Office of Mayor for a term of two years beginning January 1, 2004, and that Moose Giannetti and Karen A. Gill - Gerbig are duly declared elected to the Office of City Council for a term of four years beginning January 1, 2004. BE IT ALSO RESOLVED, that the City Clerk be directed to certify such election returns to the Ramsey County Auditor. 'I "CERTIFY THAT the above resolution was adopted by the City Council of Lauderdale on this 12th day of November, 2003. (ATTEST) (SEAL) Jeffrey E. Dains, Mayor Richard B. Getschow, City Administrator CITY OF LAUDERDALE MEMORANDUM TO: Mayor and Council Members FROM: Kevin Walsh, Deputy Clerk SUBJECT: Civil Penalties for Violation of Liquor Ordinance DATE: November 12, 2003 BACKGROUND As you requested, I have made changes to the addition to Title 3, Chapter 2 of the City Code in reference to liquor violations. This addition specifically relates to presumptive civil penalties. 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. Violation number 7 in the civil penalties, "failure to take reasonable steps to stop person from leaving premises with alcohol," refers to the business taking appropriate measures to keep alcohol away from the entrance of the building making it easy to steal. This rule was explained to me in terms comparable to the cigarette machines that have been in public places. The law was changed because vendors were putting machines where anyone of any age could purchase cigarettes. The "reasonable steps" language is similar reasoning. The length of the penalty in relation to the ownership is really up in the air at this point. The Council will have to decide how often the violations are exonerated from the licensee/business owner. The Cities of St. Anthony is considering three-year periods where the violations are exonerated and the licensee starts fresh with zero violations—I compare it to a speeding ticket that goes off your driving record every five years. A simple paragraph would be added to the ordinance that states the length of time a licensee has before violations are exonerated from their file. Keep in mind that in most instances the business is criminally charged as well. In regards to violating civil penalty number 3, "selling alcohol to minors," the criminal result is considered a gross misdemeanor. The penalty for a gross misdemeanor is up to one year in jail and a $3000.00 fine. Normally, the first offense results in the defendant paying administrative court costs with no time served. And something to keep in mind, if Lauderdale ever has a bar or restaurant in the city, a 6 day suspension of a liquor license for selling alcohol to a minor could result in loss of business upwards of $20,000. The ordinance needs to be equal with both the intoxicating and nonintoxicating (3.2) liquor. Please discuss changes and direct staff on how to proceed. A draft of the revision could be made available at the next Council meeting. 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 I = 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 m , , LA605 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. 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 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) The � , , LA605 3-2 (5) 1False�of misleading statements made;on a license,applicatior or=failure `to ablde:;by the commitments, 'promises mor representations of the Ci°ty "Council= 3 Creation .of a nuisance on the premises.; 4.- Exprat;ionrtorwcancellation of any required insurance,,or failure to =notify; the City within a reasonable tirne,:of changes. irs the term-,.of"the,'Insurance of.the'_carriers. 1 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)