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Home My WebLink AboutCC PACKET 12112007H.R.A. meeting immediately following regular meeting CITY OF ST. ANTHONY CITY COUNCIL MEETING AGENDA December 11, 2007 7.00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possible Action on Axl of the following items: I. Approval of the December 11, 2007, City Council Meeting Agenda. IL Proclamations and Recognitions. A. Fire Prevention Poster Contest Winners. (Chief John Malenick, presenting) (p. 1) B. Swearing in of Police Officer Joshua Donald White. (Mayor Faust and Chief John Uhl, presenting) (p• 2) C. Recognition of Councilmember Richard Horst. (Mayor Faust presenting) IIL Consent Agenda. These items are considered routine and will be enacted by orre motion. 77rere will be no separate discussion of these iterns unless a Courtcilmember or citizen so requests, hi which event tire item will be removed frorn tine Consent Agenda and placed elsewhere on the agenda. A. Approval of November 27, 2007, Council Meeting Minutes. (pp. 3 -- 7) B. Licenses and Permits. (p. 8) C. Claims. (pp. 9 --10) D. Resolution 07-077; City Manager's Salary. (p. 11) E. Resolution 07-078; Approving members to Planning Commission. (p. 12 -13) F. Resolution 07-079; Approving members to Parks Commission. (p. 14) IV. Public Hearing. V. Reports from Commission and Staff. A. Presentation from Dorothy Waltz; Ramsey County Conservation District 2 Representative. VI. General Business of Council. (action requested on all items) A. Resolution 07-080; Resolution Calling Bonds for Redemption. Stacie Kvilvang, Ehlers & Associates presenting. (p. 15 - 16) B. Resolution 07-081; Resolution Authorizing Extension of $3,350,000 Credit Facility from Fannie Mae. Stacie Kvilvang, Ehlers & Associates presenting. (pp. 17 --18) Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure. ZAComoil Meetings1200711211071agendapg#.doc Fire Prevention Poster Awards Recipients: 1st Place: Rajeep Lamichhane 2nd Place: Rumi Skoglund 3rd Place: Emily Onken 4th Place: Tseten Dolkar St. Anthony Police Department {3 J'S .A.P.0 "q�wr 2 I, JOSHUA DONALD WHITE, DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES, THE LAWS OF THE STATE OF MINNESOTA AND THE ORDINANCES OF THE CITY OF SAINT ANTHONY. ON MY HONOR, I WILL NEVER BETRAY MY BADGE, MY INTEGRITY, MY CHARACTER OR THE PUBLIC TRUST. I FURTHER AFFIRM THAT I WILL FAITHFULLY, JUSTLY AND IMPARTIALLY DISCHARGE MY DUTIES AS A LAW ENFORCEMENT OFFICER IN PROVIDING ASSISTANCE AND SERVICE TO ALL THAT LOOK TO ME FOR HELP TO THE BEST OF MY ABILITY, SO HELP ME GOD. DECEMBER 11, 2007 POLICE OFFICER WHITE MAYOR CHIEF OF POLICE 3 I CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR ME'L'TING MINUTES 3 November 27, 2007 4 5 6 7 CALL TO ORDER 8 9 Mayor Faust called the meeting to order at 7:00 p.m. 10 11 PLEDGE OF ALLEGIANCE 12 13 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 14 15 ROLL CALL 16 17 Present: Mayor Faust; Councilmembers Gray, Horst, and Stille 18 Absent: Councilmember Thuesen 19 Also Present: City Manager Mike Mornson 20 21 22 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 23 ITEMS: 24 25 L APPROVAL OF NOVEMBER 27, 2007 CITY COUNCIL MEETING AGENDA 26 27 Motion by Councilmember Horst, seconded by Councilmember Stille, to approve the City 28 Council Meeting Agenda of November 27, 2007. 29 30 Motion carried unanimously (4/0) 31 32 II. PROCLAMATIONS AND RECOGNITIONS. 33 34 None. 35 36 III. CONSENT AGE, NDA. 37 38 A. Approval of November 13, 2007 Council meeting minutes 39 B. Consider licenses and permits 40 C. Consider payment of claims 41 42 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve the Consent 43 Agenda items. 44 45 Motion carried unanimously (4/0) 46 47 IV. PUBLIC HEARINGS. 48 49 None City Council Regular Meeting Minutes November 27, 2007 Page 2 V. REPORTS FROM COMMISSION AND STAFF lam 6 VI. GENERAL POLICY BUSINESS OF THE COUNCIL 7 8 A. Resolution 07-073 • Ratifying the Union Contract between the Law Enforcement Labor 9 Services Inc. Local #186, and the City of St. Anthony. 10 11 City Manager Mornson presented Resolution 07-073 and the summary of changes to Council. 12 13 Mayor Faust mentioned the City is in contracts with the cities of Lauderdale and Falcon Heights 14 and the increases are well with the increases with these contracts. 15 16 City Manager Mornson replied that now that the City is in three-year contracts with Lauderdale 17 and Falcon Heights, it would now correlate with when contracts come up, giving St. Anthony a 18 truer cost when the union and contracts are negotiated. He commented there is no subsidy on 19 either party. 20 21 Motion by Councilmember Gray, seconded by Councilmember Stille, to approve Resolution 07- 22 073, a Resolution Ratifying the 2008-2009 Agreement Between the Law Enforcement Labor 23 Services, Inc., Local #186 Representing the St. Anthony Police Department Licensed Employees 24 and the City of St. Anthony. 25 26 Motion carried unanimously (4/0) 27 28 B. Resolution 07-074• Ratifying the Union Contract between the Operating Engineers Local 29 49 and the City of St. Anthony. 30 31 City Manager Mornson presented Resolution 07-074 and the summary of changes to Council. 32 33 Motion by Councilmember Horst, seconded by Councilmember Stille, to approve Resolution 34 07-074, a Resolution Ratifying the 2008-2009 Agreement Between the City of St. Anthony and 35 the International Union of Operating Engineers, Local 49, AFL-CIO, Representing the St. 36 Anthony Public Works Department. 37 38 Motion carried unanimously (4/0) 39 40 C. Resolution 07-075• Ratifying the Union Contract between the International Association 41 of Fire Fighters Local 3486 and the City of St. Anthony. 42 43 City Manager Mornson presented Resolution 07-075 and the summary of changes to Council. 44 45 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Resolution 07- 46 075, a Resolution Ratifying the 2008-2009 Agreement Between the City of St. Anthony and the 0 El 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 City Council Regular Meeting Minutes November 27, 2007 Page 3 International Association of Fire Fighters, Local 3486, Representing the St. Anthony Fire Department. Motion carried unanimously (4/0) Mayor Faust thanked City Manger Mornson for his work on the labor negotiations. D. Resolution 07-076• Amending the Lease with St Anthony -New Brighton School District #282 Community Services. City Manager Mornson presented Resolution 07-076 and the summary of changes to Council. Ile reported the lease cost would increase from $100,000 to $125,000. Councilmember Gray commented that this resolution is an effort to reflect the actual costs of providing this space to the School District 9282. I -Ie stated it is spread out over a larger tax base between St. Anthony and New Brighton. Mayor Faust stated that 20 percent of the tax capacity for the school district comes out of New Brighton. Councilmember Stille commented he watched the school board meeting and indicated all board members voted to approve the increase. Motion by Councilmember Gray, seconded by Councilmember Stille, to approve Resolution 07- 076, a Resolution Amending the Lease Agreement with St. Anthony -New Brighton School District #282 Community Services. Motion carried unanimously (4/0) VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS City Manager Mornson reported the following items are proposed to be on the December 11, 2007 agenda: - recommended changes to ordinances based on the recent re -codification process - recommended updates to building code changes - fire poster winner recognitions - swearing in of a new police officer - Fannie Mae Resolution - a resolution to pay off a general obligation bonds - an agreement with MWMO on the construction of the underground storage facility - Council's decision on whether December 11, 2007 would be the last meeting for the year City Manager Mornson reported that public works employee Annette Kirshbaum resigned to relocate out of state. City Council Regular Meeting Minutes November 27, 2007 Page 4 City Manager Morrison reported he would be attending the metro meetings on November 29, 2007. Mayor Faust requested City Manager Morrison pass on Council's best wishes to Ms. Kirshbaum. I -ie stated she is seen and known by the residents of St. Anthony and is one of the best City employees he has worked with. 8 Councilmember Gray reported attending the North Suburban Access Committee meeting on 9 November 26, 2007. He stated the committee discussed how it would function going forward. 10 He stated this group is responsible for televising sports events, Village Fest, and other public I 1 access programs. He stated there is a good chance the PEG fees would be eliminated, which is a 12 major source of North Suburban Access. He stated the subcommittee would meet over the next 13 few months to prioritize and determine next steps. 14 15 Mayor Faust asked what the PEG fee is. 16 17 Councilmember Gray stated it is a franchise fee. 18 19 Mayor Faust questioned whether public access would be eliminated or be offered at a charge to 20 residents. 21 22 Councilmember Gray replied that if PEG fees are eliminated, a fee structure would be considered 23 to pay for the services. He explained other fund generating options would also be considered, 24 such as advertising or corporate sponsorship. 25 26 Mayor Faust stated the City has an obligation to its residents to provide access through 27 television. He stated this is a valuable asset to the community. 28 29 Mayor Faust reported that he and City Manager Morrison met with the Hennepin County 30 assessor on November 16, 2007 to discuss the 2008 assessment. Fie explained that St. Anthony 31 generally fared better than other areas of the County. 32 33 Mayor Faust reported attending a general meeting of the Chamber of Commerce on November 34 20, 2007, where Mr. Rocco Forte presented information on the 1-35W bridge collapse. IIe stated 35 the two things he gleaned from the presentation were the importance of preparedness and the 36 mutual aide process. 37 38 Councilmember Stille stated it was interesting to see the system work during a crisis. 39 40 VIII. COMMUNITY FORUM 41 42 Mayor Faust invited residents to come forward at this time and address the Council on items that 43 are not on the regular agenda. 44 45 There being none, Mayor Faust continued with the agenda. 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 City Council Regular Meeting Minutes November 27, 2007 Page 5 IX. INFORMATION AND ANNOUNCEMENTS None X. MISCELLANEOUS INFORMATIONAL DOCUMENTS None. XI. ADJOURNMENT Mayor Faust adjourned the meeting at 7:28 p.m. Respectfully submitted, Dianna Wise TimeSaver Off Site Secretarial, Inc. A'T'TEST: City Clerk Mayor 7 Saint Anthony Village DATE: December 11, 2007 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors License: Positive Companies, St. Paul, MN Multiple Dwelling License: Applicant: D & J Properties Location: 3721 Chandler Dr BREMER BANK ST. ANTHONY VILLAGE CHECK REGISTER VENDOR # PAYEE CHECK # DATE AMOUNT 9486 AIRPORT TAXI & TOWN TAXI 4999 12/1212007 $10.00 4779 ALCORN BEVERAGE CO, INC 5000 12/12/2007 $650.50 8621 ALLIANCE MECHANICAL 5001 12/12/2007 $1,223.00 4014 ALLIED PAPER CO. 5002 12/12/2007 $64.00 8794 ARCTIC GLACIER INC. 5003 12112/2007 $208.00 8237 ASPEN MILLS 5004 12/12/2007 $113.38 4293 BELLBOY CORP. 5005 12/1212007 $11,016.87 8555 BIFFS, INC. 5006 12/12/2007 $342.96 9540 CADBURY SCHWEPPES BOTTLI 5007 12/12/2007 $148.80 4333 CANNON RIVER WINERY 5008 12/12/2007 $330.00 4231 CAPITOL BEVERAGE SALES 5009 12/12/2007 $14,552.55 610 CATCO 5010 12112/2007 $261.11 4080 CHISAGO LAKES DIST. CO., 5011 12/12/2007 $1,342.30 0115 CHRISTENSON/JOANN 5012 12/12/2007 $15.00 4095 COCA COLA BOTTLING COMPA 5013 12112/2007 $391.80 4107 COMPTON'S COMMERCIAL CLN 5014 12/12/2007 $4,015.05 8557 DAILEY DATA & ASSOCIATES 5015 12/12/2007 $125.00 9115 DARLING'S SALES & SERVIC 5016 12/12/2007 $290.41 8437 DIRECTV INC 5017 12/12/2007 $29.77 0116 DOLKAR/TSETEN 5018 12/12/2007 $10.00 8411 DRIVER & VEHICLE SERVICE 5019 12/12/2007 $18.25 8698 EHLERS & ASSOCIATES, INC 5020 12/12/2007 $3,155.00 4135 ELECTRO WATCHMAN INC 5021 12/12/2007 $147.18 9061 EMERGENCY AUTOMOTIVE TEC 5022 12/12/2007 $2,715.74 9395 FACTORY MOTOR PARTS CO 5023 12/12/2007 $50.95 0117 FEHR/EDNA 5024 12/12/2007 $15.00 8153 FILTERFRSH 5025 12/12/2007 $36.49 9229 FIRSTLAB 5026 12/12/2007 $82.50 8647 FRATTALLONE'S HARDWARE 5027 12/12/2007 $104.25 8866 FREDERICK/ERICK 5028 12/12/2007 $70.00 1030 G & K SERVICES INC 5029 12/12/2007 $714.80 7335 GCR 5030 12/12/2007 $356.10 0118 GILL/JEANNETTE 5031 12/12/2007 $84.45 1180 GOODIN COMPANY 5032 12/12/2007 $58.43 9102 GRAND PERE WINES, INC 5033 12112/2007 $360.00 4172 GRAPE BEGINNINGS, INC. 5034 12/12/2007 $2,077.00 4175 GRIGGS COOPER & CO INC 5035 12/12/2007 $13,174.93 8987 HENNEPIN COUNTY TREASURE 5036 12/12/2007 $556.00 9204 HENRY SCHEIN, INC. 5037 12/12/2007 $30.89 4207 HOHENSTEIN'S, INC 5038 12/12/2007 $3,308.35 8252 HOME DEPOT CREDIT SERVIC 5039 12/12/2007 $102.49 8366 I C M A 5040 12/12/2007 $828.00 4125 JJ TAYLOR DISTRIBUTING 5041 12/12/2007 $16,927.97 4220 JOHNSON BROTHERS LIQUOR 5042 12/12/2007 $21,549.16 7352 KATH FUEL OIL SERVICE 5043 12/12/2007 $303.75 0119 LAMICHHANE/RAJEEP 5044 12/12/2007 $25.00 2040 LILLIE SUBURBAN NEWSPAPE 5045 12/12/2007 $21.83 9114 M. AMUNDSON LLP 5046 12/12/2007 $2,046.68 2125 MALENICK/JOHN 5047 12/12/2007 $72.56 4265 MARK VII SALES INC 5048 12/12/2007 $9,968.49 0 BREMER BANK ST. ANTHONY VILLAGE CHECK REGISTER VENDOR# PAYEE CHECK# DATE AMOUNT 9541 MASS BAR -MATE CORP. 5049 12/12/2007 $169.00 8263 MCLEOD USA, INC. 5050 12/12/2007 $212.72 2240 METROPOLITAN COUNCIL 5051 12/12/2007 $36,467.00 9533 MINNESOTA FOP FOUNDATION 5052 12/12/2007 $140.00 9331 MN DEPT OF HEALTH 5053 12/12/2007 $3,636.00 9084 MUZAK - NORTH CENTRAL 5054 12/12/2007 $55.41 7159 NAPA AUTO PARTS 5055 12/12/2007 $1.05 8883 NEW FRANCE WINE COMPANY 5056 12/12/2007 $710.50 9266 NORTHERN WATER WORKS SUP 5057 12/12/2007 $8.52 9523 NORTHSTAR INSPECTION SER 5058 12/12/2007 $2,341.26 45 OFFICE DEPOT 5059 12/12/2007 $740.53 7226 OLSON'S PLUMBING 5060 12/12/2007 $1,467.00 0112 ONKEN/EMILY 5061 12/12/2007 $15.00 8528 PACE ANALYTICAL SERVICES 5062 12/12/2007 $26.00 9275 PAT KERNS WINE MERCHANTS 5063 12/12/2007 $410.00 4354 PAUSTIS & SONS 5064 12/12/2007 $5,084.37 4360 PHILLIPS WINE & SPIRITS 5065 12/12/2007 $8,304.78 4385 QUALITY WINE CO 5066 12/12/2007 $27,460.51 9534 REMINGTON ARMS COMPANY 5067 12/12/2007 $800.00 4133 SALUD AMERICA 5068 12/12/2007 $57.75 8839 SECOND NATURE LAWN AND 5069 12/12/2007 $4,986.00 9428 SHANK CONSTRUCTORS, INC. 5070 12/12/2007 $3,442.00 9535 SHORELINE LANDSCAPING 5071 12/12/2007 $3,203.00 0122 SIPES/KAREN 5072 12/12/2007 $50.00 8725 SITARZ/MARK 5073 12/12/2007 $146.25 0121 SKOGLUND/RUMI 5074 12/12/2007 $20.00 8042 SOURCEONE GRAPHICS, INC. 5075 12/1212007 $31.55 9072 SPECIALTY WINES & BEV. L 5076 12/12/2007 $149.00 4782 ST ANTHONY VILLAGE CENTE 5077 12/1212007 $1,576.75 9083 ST. ANTHONY RETAIL DEVEL 5078 12112/2007 $1,885.98 1810 ST. ANTHONY VILLAGE KIWA 5079 12/12/2007 $37.00 3490 STREICHER'S 5080 12/12/2007 $230.49 8872 SUCIU/BARB 5081 12/12/2007 $132.52 3260 T A SCHIFSKY & SONS 5082 12112/2007 $47.29 0123 TALBOT/JOHN 5083 12/12/2007 $50.00 9532 TIGHT ROPE 5084 12/1212007 $3,000.00 3560 TRACY PRINTING 5085 12/12/2007 $1,965.99 8449 TWIN CITY GARAGE DOOR 5086 12/12/2007 $279.06 8859 U.S. BANK 5087 12/12/2007 $155,451.25 8903 U.S. BANK 5088 12/12/2007 $250.00 8010 UNIFORMS UNLIMITED 5089 12112/2007 $1,704.57 8227 VERIZON WIRELESS 5090 12/12/2007 $777.30 4451 VINOCOPIA 5091 12/1212007 $957.50 8316 WINE COMPANY/THE 5092 12/12/2007 $619.50 8310 WINE MERCHANTS INC 5093 12/12/2007 $2,637.13 4499 WORLD CLASS WINES, INC. 5094 12112/2007 $854.00 2680 XCEL ENERGY 5095 12/12/2007 $11,403.89 9076 XCELERATED COMPUTER SOLU 5096 12/1212007 $99.00 TOTAL $398,197.16 10 CITY OF ST. ANTHONY RESOLUTION 07-077 A RESOLUTION APPROVING 2008 SALARY OF MICHAEL J. MORNSON, ST. ANTHONY CITY MANAGER WHEREAS, the City of St. Anthony employs Michael J. Mornson as its City Manager; and WHEREAS, the City Council and the City Manager have agreed to a 2008 salary of $107,122.50. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony hereby authorizes an annual salary of $107,122.50 for City Manager Michael J. Mornson, effective January 1, 2008. Adopted this 13th day of December, 2007. ATTEST: City Clerk Reviewed for administration: Mayor City Manager ZACouncil Meetings\2007\12110NZesolutioncity manager salary.doc 11 12 REQUEST FOR COUNCIL CONSIDERATION Report Date: December 13, 2007 Agenda Section: 111, E & F Meeting Date: December 13, 2007 ITEM DESCRIPTION: Resolution 07-078 and Resolution 07-079; Approving members to the Planning Commission and Parks Commission respectively. OVERVIEW: The City advertised for two positions on the Planning Commission and two positions on the Parks Commission. We received two applications for the Planning Commission and two applications for the Park Commission. The City Council conducted interviews on November 27, 2007. As a result of these interviews, the City Council has recommended the following individuals to the commissions: Planning Commission Kim Goodwin Peter Chaput Warks Commission Doug Koehntop Michael Sholl Staff Recommendation: Resolution 07-078; Approving appointments to the Planning Commission and Resolution 07-079; Approving appointments to the Parks Commission. t Michael Mornson City Manager 13 CITY OF ST. ANTHONY RESOLUTION 07-078 A RESOLUTION APPROVING APPOINTMENTS TO THE PLANNING COMMISSION WHEREAS, the City Council interviewed the candidate's for the Planning Commission and have recommended appointing the following: Planning Commission Kim Goodwin Peter Chaput NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the above named applicants to the Planning Commission respectively. Adopted this 13th day of December, 2007. ATTEST: Mayor City Clerk Review for Administration: City Manager Z:\Council Meetings\2007\121107\resplcommissioners.doe 14 CITY OF ST. ANTHONY RESOLUTION 07-079 A RESOLUTION APPROVING APPOINTMENTS TO THE PARK COMMISSION WHEREAS, the City Council interviewed the candidate's for the Park Commission and have recommended appointing the following: Park Commission Doug Koehntop Michael Sholl NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the above named applicants to the Park Commission respectively. Adopted this 13th day of December, 2007. ATTEST: Mayor City Clerk Review for Administration: City Manager Z:\Council Meetings\2007\121107\respleommissioners.doe OTO: G From: C Date: �G Subject: Mike Morrison -- City Manager Stacie Kvilvang — Ehlers and Associates December 11, 2007 Payoff of Existing Debt EHLERS & ASSOCIATES INC In mid 2007 the City Council completed a Financial Management Plan (FMP) for the City. One of the components of this plan was a review of all the existing debt the City has issued and available funds to repay debt service. The debt study revealed that the City could payoff three (3) existing bond issues that are currently or will be callable in February 2008. These issues and their outstanding payment amount are as follows: 15 Issue 1997A - Purpose Portion of 35" Avenue & Roosevelt Street , , $359,052.00 1999A Portions of Wilson Avenue and Pahl Street $255,576.25 2003D Refunding of 1993A, 199413 and 1995 bonds $329,370.00 TOTAL N/A $943,998.25 In order to implement this recommendation/finding from the FMP, the City is required to pass a resolution calling these bonds. Upon payment in full on these bonds, the City's oldest outstanding debt will be only 6-I- years old. Please contact me at 651-697-8506 with any questions. LEADERS IN PUBLIC FINANCE 3o6o Centre Pointe Drive Phone: 65i 6g7 -85o6 Fax: Roseville, MN 55113-1105 skvilvang@ehiers-inc.com ehiers-inc.com CITY OF ST. ANTHONY RESOLUTION 07-080 RESOLUTION CALLING BONDS, FOR REDEMPTION BE IT RESOLVED by the City Council of the City of St. Anthony (the "City"), as follows: I. The City has issued and has presently outstanding its General Obligation Improvement Bonds, Series 1997A, its General Obligation Improvement Bonds, Series 1999A, and its General Obligation Refimding Bonds, Series 2003D (together, the "Bonds"). 2. The Bonds maturing after February 1, 2008 are subject to redemption and prepayment by the City on February 1, 2008, and it is hereby determined to call all of the outstanding Bonds which mature after February 1, 2008 for redemption and prepayment on February 1, 2008 in accordance with their terms. Officers of the City are hereby authorized and directed to take all actions necessary to provide for the redemption and prepayment on February 1, 2008 of all the Bonds maturing after February 1, 2008, and all actions taken to date by the officers of the City in connection with such redemption and prepayment of the Bonds are hereby ratified and affirmed. Adopted this 11°i day of December, 2007. Mayor ATTEST: City Clerk Review for Administration: City Manager 16 O 1,0: G From: W Date: G Subject: Mike Morrison — City Manager Stacie Kvilvang — Ehlers and Associates December 11, 2007 Request For Extension of Fannie Mae Loan EHLERS a ASSOCIATES INC On May 22, 2007, the City Council and housing and Redevelopment Authority (HRA) approved a resolution extending the repayment agreement with Fannie Mae for its $3,350,000 loan. The resolution authorized the City Manager and City Attorney to proceed with negotiating with Fannie Mae the terms of an extension of the loan to August 27, 2009, and to prepare necessary documents for execution. Since that time, a final agreement has been approved by Fannie Mae on the extension of the loan as follows: 1. Payment of origination fee (approximately $12,500) 2. Unpaid principal balance to be paid down to $2,500,000 at closing of the extension ($111,097) 3. Payment of $125,000 due on March 1, 2008 4. Payment of $125,000 due on June 1, 2008 5. Payment of $1,800,000 due on September 1, 2008 6. All remaining outstanding balances due on maturity of the loan which will be 12 months from the date of closing (anticipated to be December 12, 2008) Since the resolution the City originally approved had a two-year extension date, Fannie Mae requested a new authorizing resolution based upon the above referenced terms (one-year extension). It should be noted that pursuant to the Development Agreement, the developer is responsible to make all the above referenced payments. Please contact me at 651-697-8506 with any questions. LEADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive Phone: 65s -697-85o6 Fax: Roseville, MN SSii3-uoS skvilvangQa ehlers-inc.com 17 CITY OF ST. ANTHONY RESOLUTION NO. 07-081 RESOLUTION AUTHORIZING EXTENSION OF $3,350,000 CREDIT FACILITY FROM FANNIE MAE WHEREAS, on December 19, 2003, the City and the St. Anthony Housing and Redevelopment Authority ("HRA") executed a Development Agreement with Apache Redevelopment LLC (the "Developer") for redevelopment of the area now known as Silver Lake Village; and WHEREAS, according to Section 12.11 of the Development Agreement, the City and HRA agreed to obtain short term financing from Fannie Mae for the purpose of acquiring certain commercial properties, relocating the tenants and demolishing those properties for redevelopment; and WHEREAS, by Resolution No. 04-047, adopted June 8, 2004, the City approved entering into a loan with Fannie Mae to provide this short term financing; and WHEREAS, the City subsequently entered into a $3,350,000 Credit Facility with Fatmie Mae on August 27, 2004 (the "Credit Facility"); and WHEREAS, on May 22, 2007 the Council adopted Resolution No. 07-042 authorizing an extension of the Credit Facility to August 27, 2009; and WHEREAS, subsequent negotiations with the Developer and Fannie Mae have resulted in a revised term sheet under which the Credit Facility will be extended for a 12 month period from the date the extension will be closed and the closing is currently estimated to occur on December 12, 2007 (the "Closing Date"); and WHEREAS, Fannie Mae has requested that the City clarify the authorization contained in Resolution No. 07-042 regarding the duration of the extension. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony as follows: That the City Manager and City Attorney are hereby authorized to proceed with negotiating with Fannie Mae the terms of an extension of the Credit Facility for 12 months following the Closing Date, and to prepare necessary documents which are hereby authorized to be executed by the Mayor and City Manager. Adopted this 11th day of December, 2007 ATTEST: City Clerk Reviewed for Administration: Mayor City Manager A WSB &4ssocmres, i.e. Infrastructure x Engineering . Planning . Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 541-4800 Fax: 763 541-1700 December 4, 2007 The Honorable Mayor and City Council and Staff City of St. Anthony Village 3301 Silver Lake Road NB St. Anthony, MN 55418 Re: Mississippi Watershed Management Organization Funding Agreement For St. Anthony Water Reuse Project WSB Project No. 1745-02 Dear Honorable Mayor, City Council and Staff: The City of St. Anthony has applied for and received a $1,200,000 grant from the Mississippi Watershed Management Organization to construct a water reuse facility at the St. Anthony City Hall location. The City applied for this grant as part of the implementation of the City's 2007 goals to evaluate opportunities the City had to reduce or improve its impact on the environment. By way of background, this project proposes the following: Construct an underground storage treatment system which will collect stormwater and filter backwash water from the City's water treatment plant. 2. Waste products which currently are discharged to Mirror Lake and to the Mississippi River will be stored and used to irrigate City Hall and Central Park. 3. This project will reduce stormwater runoff volumes and pollutants associated with runoff to both Mirror Lake and the Mississippi River. This project also reduces the quantity of treated drinking water which is currently used to irrigate Central Park and the City Hall complex. Irrigating with reused water reduces the volume of groundwater utilized for irrigation. Attached for your consideration is a Resolution authorizing the City to enter into an agreement with the Mississippi Watershed Management Organization to fund the St. Anthony Water Reuse Project. In addition to funding from the Mississippi Watershed Management Organization, funding and contributions are also anticipated to be provided by the Rice Creek Watershed District, Hennepin County, and the City of St. Anthony Village. We are also pursuing, but have not received commitments yet, from Metropolitan Council and the Minnesota Board of Water & Soil Resources. K\ 1745-02\Ar)MINU)oC$UfrR-6meo-120407.doo The IIonorable Mayor and City Council and Staff December 4, 2007 Page 2 If you have any questions, please feel free to call me at 763-287-7182, or I will be present at your December 11 Council meeting to discuss this project with you. Sincerely, WSB & Associates, Inc. /,1( /�1�K.� 'Todd P. Hubmer, PF, City Engineer Attachment cc: Mike Mornson, City of St. Anthony Village Jay Hartman, City of St. Anthony Village Ih K\ 1745-02\ADMINV)OCS\LTR-hmec-120407.doe 20 CITY OF ST. ANTHONY RESOLUTION 07-082 A RESOLUTION AUTHORIZING THE CITY OF ST. ANTHONY TO ENTER AN AGREEMENT WITH TIIE MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION FOR THF, ST. ANTHONY WATER REUSE PROJECT WHEREAS, the City of St. Anthony has prepared a request for funding from the Mississippi Watershed Management Organization to construct a water reuse facility: WHEREAS, The Mississippi Watershed Management Organization has reviewed the grant request, WHEREAS, The Mississippi Watershed Management Organization has approved the grant request not to exceed $1,200,000 for the design and construction of a water reuse facility at the St. Anthony City Hall site. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony: The Council authorizes City staff to enter into an agreement with the Mississippi Watershed Management Organization to accept the $1,200,000 grant agreement. 2. The Council authorizes City staff to continue to pursue additional grant opportunities associated with the water reuse project. Adopted this 1 Ith day of December, 2007. ATTEST: City Clerk Reviewed for administration: Mayor City Manager KV 745-02UDMlMResolutionlRES 07-082 — 720407.doc 21 AAk WSB 22 Astocta+es, roc. Infrastructure ■ Engineering a Planning ■ Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 541-4800 Fax: 763 541-1700 December 4, 2007 The Honorable Mayor and City Council and Staff City of St. Anthony Village 3301 Silver Lake Road NE St. Anthony, MN 55418 Re: Authorization to Prepare Plans and Specifications For the St. Anthony Water Reuse Project WSB Project No. 1745-02 Dear Honorable Mayor, City Council and Staff: Attached for your consideration is a Resolution authorizing WSB & Associates, Inc. to prepare plans and specifications for the construction of the St. Anthony Water Reuse Project. WSB & Associates, Inc. has prepared a Feasibility Study for the Mississippi Watershed Management Organization outlining the benefits and anticipated costs of the proposed project. This project is proposed to be constructed in the spring and summer of 2008 to coincide with the reconstruction of Silver Lake Road. The timing for this project is important, as coordination with Hennepin County's contractor and the City's contractor for construction of the improvements is necessary to minimize the duplication of restoration and construction issues associated with the reuse project. WSB & Associates, Inc. have been working closely with St. Anthony Village, Hennepin County, Hennepin County's consultant, Rice Creed Watershed District, Metropolitan Council, the MPGA, the Minnesota Department of Health, and the Minnesota Board of Water & Soil Resources on identifying the issues and benefits associated with the reuse project. Furthermore, the Rice Creek Watershed District has tentatively agreed to accept the water reuse project as fulfilling the permit requirements for the Silver Lake Road improvements. In addition, Rice Creek Watershed District has committed $50,000 in funds toward the completion of the water reuse project and Hennepin County has tentatively agreed to provide the stormwater collection system and the site restoration. This project proposes a number of benefits which were previously discussed in my introductory letter to the Resolution associated with receiving the Mississippi Watershed Management Organization grant. K\1745-02\AI)MIN\I)OCS\I, r2-6ince 2— 120407.doo CITY OF ST ANTHONY RESOLUTION 07-084 A RESOLUTION SETTING THE CITY Oh ST. ANTHONY 2008 TAX LEVY AND BUDGET IN COMPLIANCE WITH THE TRUTH IN TAXATION ACT WHEREAS, State Law requires that the City of St. Anthony provide Hennepin and Ramsey Counties with a certified 2008 tax levy and operating budget; and WHEREAS, the City Council has reviewed the City Manager's 2008 tax levy and operating budget; and WHEREAS, the City of St. Anthony was not required to hold a Truth -in -Taxation public hearing; and WHEREAS, the City Manager presented the 2008 tax levy and operating budget to the City Council at its regular meeting on December 11, 2007; and WHEREAS, the information required for the City Council to determine a definitive tax levy has been collected. NOW, THEREFORE, BE IT RESOLVED that: 1) The collectible 2008 property tax levy is: General Fund Property Tax Levy Road Improvement Levy Lease Revenue Bonds/Public Facilities Housing & Redevelopment Authority Levy Tax Abatement Levy - Central Park Bonds PERA Rate Increase Levy Total 2008 Tax Levy 2) The 2008 General Fund Budget totals $4,998,600.00 Adopted this 1 It" day of December, 2007 ATTEST: City Clerk Reviewed for administration: Mayor City Manager $ 2,796,900.00 $ 968,030.77 $ 394,417.00 $ 110,500.00 $ 27,740.00 $ 7,500.00 $4,305,087.77 45 a6 STAFF REPORT To: Mayor and City Council Report No.: Mike Mornson, City Manger From: Kim Moore -Sykes, Assistant City Manager {` Date: December 11, 2007 Subject: Adding Language to the City Ordinances Regarding Background and Criminal Checks Background: There are a number of situations whereby the City needs to conduct background checks and criminal checks. These are generally done when hiring city personnel, particularly those being hiring for public safety positions. The Police Department conducts these personnel background checks, usually relying on information from the Bureau of Criminal Apprehension. The language in the Personnel Ordinance was changed several years ago to reflect the use of this information. As the result of recent staff review of various ordinances, it was pointed out that there are other situations, i.e. liquor license applications and massage therapy business license applications, that require criminal and/or background checks as part of the licensing procedure. The Chief of Police has indicated that without specific reference to the Bureau of Criminal Apprehension in the City's ordinances, background and criminal checks cannot be accessed from this source. Staff is therefore recommending that the Bureau of Criminal Apprehension, as sources of criminal information, be added to those City ordinances that require background or criminal checks. Those ordinances include: • Liquor Licenses • Pawn Broker Licenses • Secondhand Dealer Licenses • Massage Therapy Business Licenses Since these changes are not substantive in nature, Staff is asking that these changes be approved with one reading; that the remaining two readings be waived. Attachments: • City Ordinance Chapter 5, Section 565 Secondhand Dealers • City Ordinance Chapter 5, Section 566 Pawnbrokers • City Ordinance Chapter 5, Section 575 Physical Culture and Health Services and Clubs (including therapeutic massage • City Ordinance Chapter 10, Alcoholic Beverages 122007 BCA Council STAFF REPORT.doc The designation of a new manager shall not cause the license to become invalid before a decision is rendered, provided proper notice and application are made by the applicant. A proposed new manager shall be referred to as the interim manager. In the event an interim manager is rejected, the licensee shall designate another interim manager and make the required application within fifteen (15) days of the decision. If a proposed manager is rejected, the decision may be appealed to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days after being notified of the rejection. 566.05. Application Execution. All applications for a license under this Section shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of a license. 566.06. Application Verification. All applications shall be referred to the Police Department for verification and investigation of the facts set forth in the application. Upon the request of the City Manager or designee, the police department shall provide certain criminal history data contained in the Minnesota Criminal Justice Information System and the Bureau of Criminal Apprehension. Within sixty (60) days after receipt of a complete application, the Police Department shall make a written report and recommendation to the City Council as to issuance or non -issuance of the license. The City Council may order and conduct such additional investigation as it deems necessary. If additional investigation is necessary, the applicant shall pay the City the cost of the additional investigation. The license shall not be issued until any additional investigation costs are paid. 566.07. Application Consideration. A. The City Council shall conduct a hearing on the license application within thirty (30) days following receipt of the Police Department's report and recommendation regarding the application. At least ten (10) days in advance of the City Council hearing on an application, the City shall cause notice of the hearing to be published in the official newspaper of the City, setting forth the day, time, and place of the hearing; the name of the applicant; the premises where the business is to be conducted; and the type of license which is sought. The hearing shall also be preceded by ten (10) days mailed notice to all owners of property located within five hundred (500) feet of the boundaries of the property where the business is to be conducted. At the hearing, opportunity shall be given to any person to be heard for or against the granting of the license. Additional hearings on the application may be held if the City Council deems additional hearings necessary. After the hearing or hearings on the application, the City Council may, in its discretion, grant or deny the application within thirty (30) days after the close of the hearing. B. If an application is granted for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises. 566.08. Renewal Application. 5-52 to V1 CORA AV, 0 444- 60ti,'(_S E. Manager/New Manager. When a dealer places a manager in charge of a business, or if the named manager(s) in charge of a licensed business changes, the dealer must complete and submit the appropriate application prior to the effective date or the change. The manager shall be subject to the investigation required by this Section, and to the investigation fee required by Section 615, which shall be paid in advance. The designation of a new manager shall not cause the license to become invalid before a decision is rendered, provided proper notice and application are made by the applicant. A proposed new manager shall be referred to as the interim manager. hi the event an interim manager is rejected, the licensee shall designate another interim manager and make the required application within fifteen (15) days of the decision. If a proposed manager is rejected, the decision may be appealed to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days after being notified of the rejection. 565.06. Application Execution. All applications for a license under this Section shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof, if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of a license. 565.07. Application Verification. All applications shall be referred to the Police Department for verification and investigation of the facts set forth in the application. Upon the request of the City Manager or designee the police department shall provide certain criminal history data contained in the Minnesota Criminal Justice Information System and the Bureau of Criminal Apprehension. Within sixty (60) days after receipt of a complete application, the Police Department shall make a written report and recommendation to the City Council as to issuance or non -issuance of the license. The City Council may order and conduct such additional investigation as it deems necessary. If additional investigation is necessary, the applicant shall pay the City the cost of the additional investigation. The license shall not be issued until any additional investigation costs are paid. 565.08. Application Consideration. A. The City Council shall conduct a hearing on the license application within thirty (30) days following receipt of the Police Department's report and recommendation regarding the application. At least ten (10) days in advance of the City Council hearing on an application, the City shall cause notice of the hearing to be published in the official newspaper of the City, setting forth the day, time, and place of the hearing; the name of the applicant; the premises where the business is to be conducted; and the type of license which is sought. The hearing shall also be preceded by ten (10) days mailed notice to all owners of property located within five hundred (500) feet of the boundaries of the property where the business is to be conducted. At the hearing, opportunity shall be given to any person to be heard for or against the granting of the license. Additional hearings on the application may be held if the City Council deems additional hearings necessary. After the hearing or hearings on the application, the City Council may, in its discretion, grant or deny the application within thirty (30) days after the close of the hearing. Section 575 — PHYSICAL CULTURE AND HEALTH SERVICES AND CLUBS 575.01 Definitions. Unless the context otherwise clearly indicates, the following terms shall have the stated meanings: Background Check The process of investigating official and/or commercial records regarding an individual for employment or licensure imposes It is traditionally done b the police and information usually includes the following past employ mentcredit worthiness, and criminal history. Bureau of Criminal Apprehension (BCA) A State investigative agency that provides mvestrgatrve assistance to local law enforcement agencies "Massage". The rubbing, pressing, stroking, kneading, tapping, rolling, pounding, vibrating, or stimulating the superficial parts of the human body with the hands or any instrument by a person who is not duly licensed by the State to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry. "Physical Culture and Health Services," "Physical Culture and Health Club," "Reducing Club," "Reducing Salon," "Therapeutic Massage Studio." Any building, room, structure, place, or establishment used by the public other than a hospital, sanitarium, rest home, nursing home, boarding home or other institution for the hospitalization or care of human beings, duly licensed under the provisions of M.S. 144.50 through 144.703, inclusive, where non-medical and non-surgical manipulative exercises or massages are practiced upon the human body for a fee or other valuable consideration by anyone not duly licensed by the State to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, with or without the use of mechanical, therapeutic, or bathing devices. 575.02 Business License Required. Solid. I Limiting Business Licenses. It is found and determined that the type of business activity subject to being licensed under this Section is particularly subject to abuse which may take a number of forms contrary to the morals, health, safety and general welfare of the community. Further, it is found that control of these abuses requires intensive efforts of the Police Department as well as other departments of the City. These efforts exceed those required to control and regulate other business activities licensed by the City. This concentrated use of City services tends to detract from and reduce the level of service available to the rest of the community and thereby diminishes the ability of the City to promote the general health, welfare, morals and safety of the community. Therefore, the number of business licenses which may be in force under this Section at any one time shall not exceed seven. Subd. 2 Requiring License and Defining Businesses Operating within City. No person, partnership, corporation, or other organization shall operate a physical culture and health service or club, reducing club or salon, or therapeutic massage studio 5-69 50 within the City, either exclusively or in connection with any other operation or enterprise, unless such business is currently licensed under this Section. Subd. 3 Certain Businesses Exempt. A. The preceding provisions of this Section notwithstanding, no business license shall be required for a business establishment which offers massage as an accessory use if it meets all of the following criteria as evidenced by affidavits and other documents submitted to and in form and substance reasonably acceptable to the City Clerk: 1. The principal activity of the business shall not be performing massage for a fee or other consideration. 2. The annual gross revenue of the business from performing massage is less than 25% of the total annual gross revenue of the business as shown by financial statements or an affidavit signed by the authorized Officer of the business. In lieu of delivery of the aforementioned affidavit, at the direction of the City, the business shall be required to deliver, a certification from a certified public accountant, acceptable to the City Manager, that the annual gross revenue from massage services, for the preceding twelve months, is less than 25% of its total annual gross revenue for such period of time. 3. The room or rooms where massage is performed shall not have an exclusive entrance from or exit to the exterior of the building in which the principal business is located or to a public concourse or public lobby. Notwithstanding the foregoing, massage may be performed by an individual at the residence of the person receiving the massage. 4. All fees or other consideration derived from performing massage shall be received by and accounted for by the proprietor of the principal business. 5. All individuals performing massage in connection with the business shall be employees of the principal business or shall be independent contractors or agents who perform massage pursuant to a written agreement with the owner of the principal business and each individual performing massage in connection with the business shall meet the educational requirements of Subd. 5 of Subsection 575.13. B. Any business that requests an exemption from the business license requirement shall submit the required affidavits and documents on an annual basis. The exemption request shall be due on or before the fifteenth day of March of each year. 575.03 License Application and Procedures. Every application for a license under this Section shall be made on a form supplied by the City Clerk and shall be filed with the City Clerk. The provisions of Subsection 500.02 of this Code shall apply to all licenses required by this Section and to the holders of such licenses. In addition to the information required by Subsection 500.02 of this Code, 5-70 51 application for a license under this Section shall contain the following information. Failure to complete or supply such information may cause a license to be denied. A. Whether the applicant is a natural person, a partnership, a corporation, or other form of organization. B. If the applicant is a natural person: 1. The true name, place and date of birth, current address and telephone number of the applicant. 2. Whether the applicant has ever used or has been known by a name other than the applicant's true name; and if so, such name or names and information concerning dates and places where used. 3. A specific statement as to the type and nature of the business to be licensed 4. The name of the business, if it is to be conducted under a name other than the full individual name of the applicant, in which case a certified copy of the certification required by M.S. Chapter 333, shall be attached to the application. 5. The addresses at which the applicant has lived during the previous five years, including a statement of how long the applicant has been continuously a resident of the State during the period as of and immediately preceding the date of application. 6. The kind, name and location of every business or occupation in which the applicant has been engaged during the preceding five years. 7. The names and addresses of the applicant's employer(s) and partner(s), if any, who were such at any time during the preceding five years. 8. Whether the applicant has ever been convicted of any felony, crime, or violation of any provisions of this Code or State Law other than traffic violations and, if so, information as to the time, place and offense for which convictions were had. C. If the applicant is a partnership: 1. The names and addresses of all partners and all information concerning each partner as is required of an applicant under paragraph B. of this Subsection. 2. The names(s) of the managing partner(s), and the interest of each partner in the business. 3. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to trade name under the provisions of M.S. Chapter 333, a certified copy of such certification shall also be attached. 5-70 52 D. If the applicant is a corporation or other organization. 1. The name of the applicant, and if incorporated, the state of incorporation. 2. A true Certificate of Good Standing, dated as of a current date, and true copies of the Articles of Incorporation or Association Agreement and Bylaws shall be attached to the application. If a foreign corporation, a Certificate of Authority issued pursuant to M.S. Chapter 303, shall also be attached. 3. The name of the person(s) who is to manage the business and all information concerning the person(s) as is required of an applicant under paragraph B. of this Subsection. 4. The names of all officers, directors and persons who control or own an interest in excess of 5% in such corporation or organization and all information concerning the persons as is required of an applicant under paragraph B. of this Subsection. E. The location of the business premises. F. Whether the applicant is licensed in other communities or has had a license revoked, or has been denied a license, to conduct any of the activities required to be licensed hereunder; and if so, when and where the applicant is or was so licensed, has had a license revoked or has been denied a license. G. The names, residences and business addresses of three residents of Hennepin County or Ramsey County, not related to the applicant or financially interested in the business to be licensed, who may be referred to by the City for information as to the applicant's character. If the applicant is a partnership, three such names shall be supplied for each partner, and if the applicant is a corporation or other organization, three such names shall be supplied for each officer of the applicant and each manager of the business. H. The amount of capital investment to be made by the applicant in the premises described in the application to operate the business to be licensed. Capital investment shall mean the amount of money that the applicant actually invests to acquire, refurbish, repair, remodel, or furnish the premises, including moneys invested to comply with Subsection 575.14, I. A financial statement, certified as being hue and correct by an independent accountant, showing the gross income of the business to be licensed for the last three fiscal years of such business, or shorter period of time that the applicant may have been in the business to be licensed, itemized as to each activity of the business including, without limitation, the gross income from performing massage. J. The names of all individuals performing massages in connection with the business and evidence that all such individuals meet the educational requirements of Subd. 5 of Subsection 575.13. 5-71 53 575.04 Execution of Application. All applications for any license under this Section shall be signed by the applicant in accordance with Subd. 2 of subsection 500.02 of the Code. Any falsification of information on any license application shall result in the denial of the license applied for, and shall constitute adequate grounds for the suspension or revocation of any license issued to the applicant. 575.05 License and Investigation Fees. Subd. 1 License Fee. Each application for a license or renewal license shall be accompanied by payment in full of the required license fee. The fee for a business license shall be as set forth in Subsection 615.06 of this Code. Upon rejection of any application for a license, the City Clerk shall refund the amount paid. Subd. 2 Investigation Fee. At the time of each original application for a business license, the applicant shall deposit an background investigation fee as set forth in Subsection 615.06 of this Code. The cost of the investigation will be based on the expense involved. All deposit monies not expended on the investigation will be refunded to the applicant. 575.06 Investigation. All applications shall be referred by the City Clerk to the Police Department and to such other City departments for investigation of the applicant's character and verification of the facts set forth in the application. Upon the request of the City Manager or designee the Police intormatron System and the Bureau of Criminal Apprehension. Within 60 days after the application date, the Police Chief and any other consultants shall submit a written recommendation to the City Manager as to issuance or non -issuance of the license, setting forth the facts upon which the recommendation is based. 575.07 Approval or Denial of Application. Within 90 days after the application date, the City Manager shall either approve or deny the application and shall notify the City Clerk in writing of the decision. If the application is approved, the City Clerk shall issue the license. If the application is denied, the City Clerk shall furnish written notice of the denial to the applicant, together with the reason or reasons for denial. A license may also be denied for any of the following reasons: Subd. 1 Under Legal Agee. If an individual applicant is under the age of 18 Subd. 2 Convictions. If the applicant, or any officers, managers, directors, shareholders or owners, if a corporation or association, or any partners, if a partnership, has been convicted of a felony, or has been convicted of any illegal conduct involving moral turpitude, dishonesty, fraud, deceit or misrepresentation. Subd. 3 Conviction without Sufficient Rehabilitation. If the applicant, or any principal officers, managers, directors, shareholders or owners, if a corporation or association, or any partners, if a partnership, has been convicted of any crime or crimes directly relating to the occupation of massage services, as provided in M.S. 364.03, Subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to per -form the duties of the occupation of massage services, as provided in M.S. 364.03, Subd. 3. 5-72 54 Subd. 4 Prior Denial of License. If the applicant, or any principal officers, managers, directors, shareholders or owners, if a corporation or association, or any partners, if a partnership, has within one year prior to the date of application been denied a license under this Section, or any similar ordinance of any municipality within the State, or within the period has had revoked any license issued under this Section, or any similar ordinance of any municipality within the State. Subd. 5 Zoning Restriction. If the business to be licensed is not permitted by Chapter 16 of this Code upon the premises described in the application. Subd. 6 Failure to Meet Construction Requirements. If the premises described in the application for a business license fail to comply with the requirements of Subsection 575.14. 575.08 Renewal Application. Not less than 30 or more than 60 days before the expiration of any license issued pursuant to this Section, any license holder desiring to renew the license shall submit a written application to the City Clerk on forms provided by the City together with payment in full of the license fee as required for the original license. The renewal application shall be forwarded to the City Manager who shall, within 30 days after the renewal application date, either approve or deny the application and shall notify the Clerk in writing of the decision. The City Clerk shall then issue the license or, in case of denial, notify the applicant in writing of the denial setting forth the reason or reasons therefore. 575.09 Appeal to City Council. Any applicant may appeal the denial of a license or a license renewal by filing a written notice of appeal to the City Council in the City Clerk's office within 10 days after the denial. The City Council shall hear the appeal within 60 days after the notice is filed, and opportunity shall be given to any person to be heard in favor of or opposing the issuance or renewal of the license. The City Council may order and conduct such additional investigation as it deems necessary. Any licensee is authorized to continue to operate until final action by the City Council upon licensee's renewal application, unless prohibited by City Council resolution made after the denial. 575.10 License Not Transferable; Duration. Each license shall be issued to the applicant only and shall not be transferable to another holder. Any change in the persons named as partners on the application, as required by paragraph C.1 of Subsection 575.03 and any change in the persons who are named in the application as required by paragraph DA of Subsection 575.03 shall be deemed a transfer for purposes of this Section. If the licensee is a limited partnership, a change in the limited partners of less than 25% cumulatively over the license period shall not be deemed a transfer. The change in or addition of a vice-president, secretary, or treasurer of a corporate licensee shall not be deemed a transfer. All licenses issued pursuant to this Section shall be effective for the period provided in Section 500.07. 575.11 Suspension or Revocation of License. The City Council may suspend for any period not exceeding 60 days, or revoke, any license issued pursuant to this Section upon finding a violation of any provision of this Section or upon violation of any other provision of this Code or State Law or regulation affecting the activities covered by this Section. Any conviction for prostitution or any other crime or violation involving moral turpitude shall result in the revocation of any license issued 5-73 55 under this Section. Except in the case of a suspension pending a hearing on revocation, revocation or suspension by the City Council shall be preceded by written notice to the licensee of a hearing. The notice may be served upon the licensee personally or by mailing it to the business or residence address set forth in the application or on file with the City Clerk. The notice shall give at least ten days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The City Council may, without notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days. 575.12 Hours of Operation. No business licensed under this Section shall be open for business, nor shall any customers be permitted on the premises, between the hours of 10:00 P.M. and 7:00 A.M. 575.13 Restrictions and Regulations. Subd. 1 Notice of Change in Management. The individual designated by a partnership or a corporation in its business license application to be manager and in responsible charge of the business shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the license holder. The license holder shall promptly give the Police Department written notice of any such change indicating the name and address of the new manager and the effective date of the change. Subd. 2 Clothing Requirements. Employees of businesses licensed under this section shall be and shall remain fully clothed while performing massage. Subd. 3 Location of Services. No person shall perform a massage for a fee or other consideration at any place other than (i) a physical culture and health service, physical culture or health club, reducing salon, or therapeutic massage studio that has been duly licensed pursuant to Subd. 2 of Subsection 575.02, (ii) a business which is exempt from a business license pursuant to Subd. 3 of Subsection 575.02, or (iii) the residence of the person receiving the massage. Subd. 4 No Services Allowed by Sexually Oriented Businesses. No person shall perform a massage for a fee or other consideration in connection with a sexually oriented business as defined by Subd. 87 of Subsection 1605 of this Code. Subd. 5 Educational Requirements. No person shall perform a massage for a fee or other consideration unless the person has at least I50 hours of education in massage therapy from a school f or massage therapy accredited by the Integrated Massage Somatic Therapy Accreditation Council or other accrediting agency approved by the City Manager. 575.14 Construction Requirements. No business license shall be issued under this Section unless the premises used for the operation shall comply with the following requirements: Subd. 1 Requirements for Steam or Hot Air Rooms. All rooms utilizing steam or hot air as a cleaning, relaxing or reducing agent, and all restrooms, changing rooms and bathrooms used in connection with such rooms, shall be constructed with materials impervious to moisture, bacteria, mold and fungus growth. Floor -to -wall and wall -to - 5 -74 56 wall joints shall be constructed so as to provide a sanitary cove with a minimum radius of 3/8 inch. Subd. 2 Public Restroom Requirements. All public restrooms shall be provided with mechanical ventilation with 2 CFM (cubic feet per minute) per square foot area, a minimum of 15 foot candles of illumination, a hand washing sink equipped with hot and cold running water under pressure, sanitary towels with dispensers and soap with dispensers. Subd. 3 Requirements for Janitor's Closet. Each such operation shall have a janitor's closet for the storage of cleaning supplies with a mop sink, mechanical ventilation with 2 CFM per square foot area and a minimum of 15 footcandles of illumination. Subd. 4 Lockers. Individual lockers shall be provided for use by customers and shall have separate keys for locking. 575.15 Maintenance; Sanitary Conditions Communicable Disease. Subd. 1 Clean and Sanitary Business. All businesses licensed under this Section at all times shall be kept in a clean and sanitary condition. Subd. 2 Clean and Sanitary Instruments. All instruments and mechanical, therapeutic, and bathing devices or parts that come into contact with the human body at all times shall be kept clean and sanitary. Subd. 3 Towels and Linens. No towels and linens furnished for use by one patron shall be furnished for use by another until thoroughly laundered. Subd. 4 Hand Washing. All individuals who practice massage shall wash their hands before each massage. Subd. 5 Communicable Disease. No person suffering from a communicable disease shall work or be employed in a licensed business. No person suffering from a communicable disease to the knowledge of the owner, custodian, or employees of a licensed business shall be accommodated as a patron. 575.16 Inspection. Each business required to be licensed shall at all times be held open for inspection by duly authorized representatives of the City. 575.17 Barber Shops and Beauty Salons Exempted. Barber shops and beauty salons which do not give, or hold themselves out to give, massages, other than are customarily given in such shops and salons for the purpose of facial beautification only shall not be subject to the provisions of this Section. 5-75 57 CIIAPTER 10. ALCOHOLIC BEVERAGES Section 1000 - REGULATIONS 1000.01 Definitions. Unless the context otherwise clearly indicates, the following terms shall have the stated meanings: Background Check The process of investigating official and/or commercial records regarding an individual for employment or licensure purposes. It is traditionally done by the police and information usually includes the following past employment credit worthiness, and criminal history. Bar. A counter or similar kind of place or structure at which wine or liquor is served. Bureau of Criminal Apprehension (BCA) A State investigative agency that provides investigative assistance to local law enforcement agencies Commissioner. The State Commissioner of Public Safety. Food Establishment. Any establishment providing for table service or self service of food or beverages. Hotel. An establishment where food and lodging are regularly furnished to transients and which has a dining room serving the general public at tables and having facilities for seating at least 30 guests at one time, and at least 50 guest rooms. Intoxicating Liquor. Ethyl, alcohol, and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight. Intoxicating Malt Liquor. Any beer, ale or other beverage made from malt by fermentation and containing more than 3.2 percent of alcohol by weight. License. A license granted pursuant to this Section. Licensed Premises. The area shown in the license application as the place where wine or liquor will be served or consumed. Liquor. 3.2 percent malt liquor, intoxicating liquor, and intoxicating malt liquor. Meal. Entrees and sandwiches offered on a restaurant menu. Off -Sale. Retail sale in the original package for consumption away from the premises only. 10-1 W. On -Sale. Sale for consumption on the premises only. Original Package. Any container or receptacle holding liquor, in which the liquor is corked or sealed at the place of manufacture. Restaurant. An establishment, under control of a single proprietor or manager, having appropriate facilities for serving meals and where in consideration of payment, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests, and which has a seating capacity for not fewer than 30 guests at one time. Sale, Sell, Sold. All barters, exchanges, gifts, sales, and other means used to obtain, dispose of, or furnish any liquor or wine or any other beverage, directly or indirectly, as part of a commercial transaction, in violation or evasion of the provisions of this Section, but does not include sales by State licensed liquor wholesalers selling to licensed retailers. State Established Legal Drinking Age. For purposes of this Section, the State established legal age for consumption of liquor and wine is 21 years of age. 3.2 Percent Malt Liquor. Any potable beverage with an alcoholic content of more than one-half of one percent by volume and not more than 3.2 percent by weight. Wine. Vinous beverage created by fermentation. 1000.02 Off -Sale Limited to Municipal Liquor Stores. No intoxicating liquor, intoxicating malt liquor or wine shall be sold, or caused to be sold at off -sale within the City by any person, or by any store or establishment, or by any agent or employee of such person, store or establishment, except by the City and on the premises in the City occupied by the municipal stores for off -sale of liquor. 1000.03 License Required. No person, except wholesalers or manufacturers to the extent authorized by law, directly or indirectly, upon any pretense or by any device, shall sell at off -sale any 3.2 percent malt liquor or at on -sale any 3.2 percent malt liquor, intoxicating malt liquor, wine or intoxicating liquor without fust having obtained a license except that a license shall not be required for any sales at the municipal stores for the on -sale and off - sale of liquor established by Section 1000.10 of the Code. 1000.04 License Types. Licenses shall be of seven types: A. On -Sale Intoxicating Liquor License - permits the on -sale of liquor and wine at qualifying hotels and restaurants. A qualifying hotel with multiple points of liquor sale and service within the hotel may operate 10-2 WO under a single On -Sale Intoxicating Liquor License provided that the sale of food and liquor is under the exclusive ownership and control of the licensee. Any restaurant or other facility serving liquor within a hotel which operates under separate ownership or control shall be considered a distinct entity for purposes of this Section. B. Off -Sale 3.2 Percent Malt Liquor License - permits the off -sale of 3.2 percent malt liquor at certain retail establishments. C. On -Sale 3.2 Percent Malt Liquor License - permits the on -sale of 3.2 percent malt liquor at certain retail establishments. D. Wine License - permits the on -sale of wine at qualifying hotels and restaurants. E. Temporary On -Sale 3.2 Percent Malt Liquor License - permits the on - sale of 3.2 percent malt liquor at events sponsored by certain organizations. Not more than three such licenses shall be issued to any one organization in a twelve month period with at least 30 days between issue dates. Each license shall be issued for not more than three consecutive days. F. Temporary Wine License— permits the on -sale of wine at events sponsored by certain organizations. Not more than three such licenses shall be issued to any one organization in a twelve month period with at least 30 dates between issue dates. Each license shall be issued for not more than three consecutive days. A temporary wine license may provide that the licensee may contract for wine catering services with the holder of an On -Sale Intoxicating Liquor License or the holder of a full -year on -sale intoxicating liquor license issued by another municipality. G. Sunday On -Sale License - permits the on -sale of intoxicating liquor on Sunday. Only persons holding an On -Sale Intoxicating Liquor License may hold a Sunday On -Sale License. H. Combination On -Sale Wine and On -Sale 3.2 Malt Liquor License — A hold of an on -sale wine license issued pursuant to this Section who is also licensed to sell 3.2 percent malt liquor pursuant to State Statute and gross receipts are at least 60 percent attributable to the sale of food and hold a liquor liability insurance policy, may self intoxicating malt liquor on -sale without an additional license. 1000.05 License AWlication; Renewal. An application for any license required by this Section or the renewal of an existing license shall be made on forms provided by the City 10-3 Clerk. The provisions of Section 500 of this Code, shall apply to all licenses required by this Section, and to the holders of such licenses, except that licenses and renewals shall be granted or denied in accordance with Section 1000.06. All applications shall be accompanied by the fees set forth in Section 1000.07. Every license issued under this Section shall expire at 12:01 A.M. on March 15 following its date of issuance. Renewal applications shall be submitted at least 60 days but not more than 150 days before expiration of the license. If, in the judgment of the City Council as to off -sale and on -sale licenses, good and sufficient cause for the applicant's failure to apply for a renewal within the time provided is shown, the City Council, may, if the other provisions of this Section are complied with, grant the license. In addition to the application requirements provided in Section 500 of this Code, applicants shall also provide the following: A. The type of license the applicant seeks; B. A description of the type of business to be transacted on the licensed premises; C. Proof of financial responsibility with regard to liability imposed by M.S. 340A.801 in the manner and to the extent required by M.S. 340A.409. If the applicant claims exemption from the requirements of said Statute, proof of exemption shall be established by affidavit given by the applicant in form and substance acceptable to the City Clerk; D. All forms and information required by the Police Chief, the Minnesota Department of Public Safety, Bureau of Criminal Apprehension, and the Minnesota Department of Revenue; E. Any affidavits of the applicant as required by the City Clerk, on forms provided by the City Clerk, in support of the application; F. Authorization to release information the Bureau of Criminal Apprehension obtained in connection with the application; G. A statement signed by the applicant stating that he or she has reviewed and understands the pertinent provisions of this Section and State law; H. In the case of an application for a Wine License, or On -Sale Intoxicating Liquor License, the applicant shall provide evidence satisfactory to the City Clerk as to compliance with the requirements of Subd. 2 of Section 1000.12 as to the completion of an alcohol awareness program; I. In the case of an application for a Wine License or On -Sale Intoxicating Liquor License, the applicant shall provide evidence satisfactory to the City Clerk as to compliance with the requirements of Subd. 3 of Section 1000.12 as to the percentage of food sold on the licensed premises. This requirement shall be 10-4 61 established by an affidavit of the licensee on a form provided by the City Clerk. The affidavit shall be given with each application for issuance or renewal on a Wine License or an On -Sale Intoxicating Liquor License, or at other times as the City Clerk may request. If the application is for the renewal of a Wine License or an On -Sale Intoxicating Liquor License, the affidavit shall also include the actual percentage of gross receipts attributable to the sale of food during the immediately preceding 12 month period. The City Clerk shall require that any such affidavit be verified and confirmed, on a form provided by the City Clerk, by a Certified Public Accountant. Failure or refusal of a licensee to give such affidavit with such application, or on request of the Clerk, or any false statement in any such affidavit, shall be grounds for denial, suspension or revocation of all licenses held by such licensee. J. In the case of an application for a Temporary On -Sale 3.2 Malt Liquor License or Temporary Wine License, the applicant shall provide evidence satisfactory to the City Clerk that the applicant complies with the requirements of Section 1000.08 as to being a qualified corporation or organization; K. Any other information deemed necessary by the Manager to undertake consideration of the application. 1000.06 Consideration of Application; Public Hearing. The provisions of Section 500 of this Code shall apply to all licenses required by Section 1000.04 and to the holders of such licenses, provided that all licenses shall be granted or denied by the City Council and the Commissioner, if required by State law. The City Council shall conduct a public hearing on the application for a new On -Sale Intoxicating Liquor License within a reasonable period following receipt of a complete application and completion of the investigation by the Bureau of Criminal Apprehension as required by Section 1000.05. A notice of the date, time, place and purpose of the hearing shall be published once in the official newspaper not less than ten days before the date of the hearing. After hearing the oral and written views of all interested persons, the City Council shall make its decision at the same meeting or at a specified future meeting. No hearing shall be required for the renewal or the transfer of an On -Sale Intoxicating Liquor license. 1000.07 Fees. Subd. 1 Application Fee. The annual license application fee shall be the amount set forth in Section 615.06 of this Code. When a new Wine License or On -Sale Intoxicating Liquor License is issued for a portion of a year, the annual license application fee shall be pro -rated at the rate of one twelfth of the license fee per month or portion of a month remaining in the license year at the time of application. The annual license application fee for a Wine License or for an On - Sale Intoxicating Liquor License may be refunded, less costs incurred by the City 10-5 62 as determined by the City Clerk, in the event that the application is withdrawn by the applicant or denied by the Council. Subd. 2 Refunds. A monthly pro -rata share of the annual license fee for a Wine License or an On -Sale Intoxicating Liquor License issued pursuant to this Section may be refunded, less the cost of issuance as determined by the Clerk, if: A. The business permanently ceases to operate; B. The license is transferred to a new licensee in accordance with Section 1000.13 and the City receives a license fee for the remainder of the license term from the transferee; or C. A premises licensed to sell wine receives an On -Sale Intoxicating Liquor License prior to the expiration of the Wine License. In this instance, a pro -rata share of the Wine License fee may be refunded. Subd. 3 Investigation Pees. Upon application for a new or the transfer of an existing Wine License, On -Sale Intoxicating Liquor License, On -Sale 3.2 Liquor License or Off - Sale 3.2 Liquor License, the applicant shall deposit $500.00 with the City for the background investigation fee. If requested by the City manager or designee the police department shall provide certain criminal history data contained in the Minnesota Criminal Justice Information System and the Bureau of Criminal Apprehension If the investigation requires an out-of-state background investigation, an additional $2,000.00 shall be deposited before further processing of the application by the City. The City Clerk may from time to time require the deposit of additional investigation fees up to the limits provided herein before further processing of the application if the cost of investigation exceeds the amounts previously deposited. The cost of the background investigation shall be based on the expense involved, but in no event shall it exceed $500.00 if the investigation is limited to the State or $10,000.00 if outside the State. All deposited monies not expended on the investigation shall be refunded to the applicant. All investigative expenses incurred in excess of the deposit shall be paid prior to consideration of the license application by the City Council. Investigation fees for license renewal shall not exceed $200.00 unless there is a change of ownership of more than 10% cumulatively over the then existing license period. 1000.08 Persons Ineligible for License. The following restrictions apply to any applicant who is a natural person, a general partner if the applicant is a partnership, or a corporate officer if the applicant is a corporation. No license shall be granted to: A. Any manufacturer, brewer, or wholesaler as defined in M.S. 340A.101, or any manufacturer of 3.2 percent malt liquor, or to any person who has a financial interest, directly or indirectly, in such manufacturer, brewer or wholesaler. 10-6 63 B. Any person under the State established legal drinking age. C. Any person convicted of any willful violation of any law of the United States or any provision of State Law or this Code with regard to the manufacture, sale or distribution of liquor. D. Any person not eligible under M.S. 340A.402 or the regulations of the Commissioner. E. Any person who has (i) been convicted, within the five years prior to the application for a license, of any violation of any law of the United States, the State, or any other state or territory, or of any local ordinance with regard to: (a) the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor or other controlled substances as defined by State Statute, (b) gambling, (c) theft, or (d) vice; or (ii) had an intoxicating liquor license, including a wine on -sale license, revoked for any violation of any statutes, ordinances or regulations relating to the manufacture, sale, distribution or possession of liquor or wine. F. Any person who has applied for or holds a federal wholesale or retail liquor dealer's special stamp or a federal or State gambling or gaming stamp or license. G. Any person who is an employee or elected official of the City. H. Any person who has falsified any information given either in the application or in the process of background investigation. I. Any person who upon renewal, has been found in violation of any provision of this Section or applicable State Law. J. If an individual, any person who is not a U.S. citizen or resident alien. K. Any person who is financially indebted to a person who is disqualified under this Solid. L. If for a Temporary On -Sale 3.2 Percent Malt Liquor License, any person who is not a charitable, religious or other nonprofit corporation or organization in existence at least three years. No corporation or organization shall be granted more than three such licenses in a twelve- month period and there shall be at least 30 days between the license issue dates. 10-7 M M. If for a Temporary Wine License, any person who is not a charitable, religious or other nonprofit corporation or organization in existence at least three years. No corporation or organization shall be granted more than three such licenses in a twelve month period and there shall be at least 30 days between the license issue dates. 1000.09 Places hreliyible for a License. Subd. 1 General Restrictions. No off -sale or on -sale license shall be granted or renewed for: A. Any property on which taxes, assessments or other financial claims of the State, County or City are due, delinquent or unpaid. B. Any property on which the business is to be conducted is owned by a person who is ineligible for a license pursuant to Section 1000.08 C. Any property located within 300 feet of a place of worship or an elementary, junior high or senior high school having a regular course of study accredited by the State. A location which holds a license under this Section shall not be declared ineligible for license renewal or transfer due to a place of worship or school that was newly located in its proximity after license issuance. The provisions of this paragraph shall not apply to Temporary On -Sale 3.2 Percent Malt Liquor Licenses or Temporary Wine Licenses. D. Any property where a license issued under this Section has been revoked during the preceding year unless the issuance of the license is unanimously approved by the Council then present. E. Any property where the conduct of the business is prohibited by Chapter 16 of this Code. P. Any property not eligible under M.S. 340A and the regulations of the Commissioner. G. Any property used as a sexually oriented business as defined by Section 1605 of this Code. Subd. 2 Off -Sale 3.2 Percent Malt Liquor Licenses. In addition to the requirements of Subd. 1 of this Subsection, no Off -Sale 3.2 Percent Malt Liquor 10-8 65 License shall be granted to any theater, recreation establishment, public dancing place or establishment holding any on -sale license. Subd. 3 On -Sale 3.2 Percent Malt Liquor Licenses. In addition to the requirements of Subd.I of this Subsection, no On -Sale 3.2 Percent Malt Liquor License shall be granted for establishments other than (i) restaurants, (ii) golf courses, (iii) bowling centers and (iv) hotels. The provisions of this Subdivision do not apply to Temporary On -Sale 3.2 Percent Malt Liquor Licenses. Subd. 4 Wine Licenses. In addition to the requirements of Subd. 1 of this Subsection, no Wine License shall be granted to any establishment other than a restaurant located in the Commercial District. Subd. 5 On -Sale Intoxicating Liquor Licenses. In addition to the requirements of Subd. I of this Subsection, no On -Sale Intoxicating Liquor License shall be granted to any establishment other than a restaurant or hotel located in the Commercial District. 1000.10 General Restrictions; Conditions of Sale. Subd. 1 Conduct. Every licensee shall be responsible for the conduct of the licensee's place of business and shall maintain conditions of sobriety and order. Subd. 2 Age. No wine or liquor shall be sold to any person under the State established legal drinking age, or to an intoxicated person, directly or indirectly. Subd. 3 Under Age Workers. No person under the age of 18 shall serve or sell liquor or wine. Subd. 4 Gambling and Prostitution. No licensee shall keep, possess or operate, or permit the keeping, possession or operation on the licensed premises, or in any room adjoining the licensed premises controlled by the licensee, any slot machines, dice or other gambling equipment as defined in M.S. 349.30, nor permit any gambling therein, nor permit the licensed premises or any room in the same or in any adjoining building, directly or indirectly under licensee's control, to be used as a resort for prostitutes or other disorderly persons; provided, however, that lawful gambling may be carried on if allowed by this Code and where allowed by a license issued pursuant to M.S. 349 or this Code. Subd. 5 Manufacturer or Distiller of Malt Liquor. No equipment or fixture in any licensed place shall be owned in whole or in part by any manufacturer or brewer, as defined in M.S. 340A, of wine or liquor. Subd. 6 Open to Inspection. All licensed premises shall be open to inspection by 10-9 M any police officer or other designated officer or employee of the City at any time there are persons within the licensed premises. Subd. 7 Hours of Sale. The hours and days of sale shall be as set forth in M.S. 340A.504, except that: A. Establishments holding a Wine License or an On -Sale Intoxicating Liquor License under this Section may not sell liquor or wine between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday and after 1:00 a.m. on Sundays, except as provided by paragraph B. B. Establishments holding a Wine License under this Section or establishments holding both an On -Sale Intoxicating Liquor License and a Sunday On -Sale License under this Section may sell intoxicating liquor or wine in conjunction with the sale of food between the hours of 10:00 a.m. Sundays and 1:00 a.m. on Mondays, provided that the licensee is in conformance with the Minnesota Clean Air Act. Subd. 8 Hours of Consumption. No liquor or wine shall be consumed by any person on, in or about a licensed premises more than 30 minutes following the time established by this Subsection for cessation of the sale of wine or liquor. Subd. 9 No Liquor or Wine in Non -Licensed Food Establishments. Except as permitted by a license issued pursuant to this Section, no person shall take or carry any wine or liquor into any food establishment. Subd. 10 Mixing or Sale for Mixing Prohibited. Except as permitted by a license issued pursuant to this Section, no person shall mix with liquor or wine or sell for the purpose of mixing with liquor or wine, any soft drink, other liquor or beverage in any food establishment. Subd. 11 Illegal to Permit Mixing. Except as permitted by a license issued pursuant to this Section, no person shall consume, or permit the consumption, mixing or spiking of any beverage by adding to the same any liquor, in any building or place operated as a food establishment. The fact that any person in any food establishment, sold any liquid or beverage to a person who thereupon and therein added to such liquid or beverage any liquor or wine shall be prima facie evidence that such liquid or beverage was sold by such person for the purpose of adding liquor or wine and shall be prima facie evidence that such person and the person's employer permitted the mixing or spiking of such liquid by adding wine or liquor. Subd. 12 Bottle Clubs Prohibited. Except as permitted by a license issued pursuant to this Section, establishments or clubs that directly or indirectly allow 10-10 67 the consumption or display of wine or liquor, or knowingly serve any liquid for the purpose of mixing with liquor or wine, shall be prohibited. Permits for bottle clubs issued by the Commissioner under M.S. 340A.414 shall not be approved by the City Council. Subd. 13 Posting of License. A license issued under this Section shall be posted in a conspicuous place in the licensed premises. Subd. 14 Compact and Contiguous Premises. A license issued under this Section is only effective for the compact and contiguous space specified in the approved license application. No sales or consumption of wine or liquor shall be permitted beyond the licensed premises. The licensed premises shall not be increased in size or seating capacity during the then license period. Subd. 15 Sobriety and Order. A licensee shall be responsible for the conduct of business being operated and shall maintain conditions of sobriety and order. Subd. 16 Adult Entertainment Prohibited. The Findings, Purpose and Objectives of Section 1670 of the City Code are hereby incorporated by reference. No licensee shall permit any specified sexual activities, the presentation or display of any specified anatomical areas or the conduct of a sexually oriented business all as defined by Section 1605 of this Code on the licensed premises or in areas adjoining the licensed premises where such activities or the conduct of such a business can be seen by patrons of the licensed premises. Subd. 17 State Law. All applicable provisions of State Law shall be complied with in connection with the sale of wine and liquor. 1000.11 Special Requirements for the On -Sale of 3 2 PercentMalt Lianor. In addition to the requirements imposed by Section 1000. 10, the following special requirements apply to the on -sale of 3.2 percent malt liquor: Subd. 1 Place of Serving and Consumption. 3.2 percent malt liquor sold pursuant to an On -Sale 3.2 Percent Malt Liquor License shall be served and consumed at tables in the dining or refreshment room on the licensed premises and shall not be consumed or served at bars; provided, the same may be consumed or served at the following locations: A. At counters where food is regularly served and consumed. B. On decks, patios and other outdoor dining areas which are adjacent to the licensed premises. C. On grounds of a golf course. 10-11 M: Subd. 2 Temporary Licenses. The provisions of Subd. 1 of this Section do not apply to 3.2 percent malt liquor sold pursuant to a Temporary 3.2 Percent Malt Liquor License. 1000.12 Special Requirements for the On -Sale of Wine Intoxicating Malt Liquor and Intoxicating Liquor. In addition to the requirements of Section 1000.10, the following special requirements apply to the sale of wine, intoxicating malt liquor and intoxicating liquor sold pursuant to a Wine License or and On -Sale Intoxicating Liquor License issued in accordance with this Section: Subd. 1 Licensed Premises. The licensed premises must: A. Have an exclusive entrance from and exit to the exterior of the building in which the license premises is located or to a public concourse or public lobby, and have a physical barrier separating the licensed premises from other areas so as to prevent the passing of patrons other than through the required entrances and exits. B. Have adequate space for the storage, preparation and handling or service of food, wine, and liquor. C. The premises shall not have more than 15 percent of its seating capacity located at a bar or service counter. Subd. 2 Alcohol Awareness Training. A. Within 30 days following the issuance of a new Wine License or a new On -Sale Intoxicating Liquor License, not less than 75% of the employees authorized to serve or sell wine or liquor on the licensed premises shall have completed an alcohol awareness program approved by the Police Chief. B. Not less than 75% of the employees authorized to serve or sell wine or liquor on the licensed premises must complete an alcohol awareness program approved by the Police Chief within 90 days prior to an application for license renewal for a Wine License or a On -Sale Intoxicating Liquor License. Subd. 3 Percentage of Food Sold. Not less than 50 percent of the restaurant's or hotel's gross receipts from the combined sale of food, non-alcoholic beverages, wine and liquor, on an annual basis, shall be attributable to the sale of food and non-alcoholic beverages. 10-12 Me Subd. 4 Limit of Alcohol Strength. No wine over 14 percent alcohol by volume may be sold or consumed on a premises holding a Wine License. Subd. 5 Denied Sales or Consumption. No sales or consumption of wine or liquor shall be permitted beyond the licensed premises. Subd. 6 Container Volume Restrictions. Wine may not be sold, served or consumed in containers larger in volume than one liter. Subd. 7 Diluting, Changing, or Tampering with Wine or Liquor Prohibited. No licensee shall sell, offer for sale or keep for sale, wine or liquor in any original package that has been refilled or partly refilled. No licensee shall directly or through any other person, dilute, or in any manner tamper with, the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any wine in the original package differing in composition, alcoholic content or type from the wine received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. Subd. 8 Sales in Hotels. No sale of wine or liquor shall be made to or in guest rooms of hotels unless: A. The rules of such hotel provide for the service of meals in guest rooms; B. The sale of such wine and liquor is made in the manner which conforms to the requirements of Section 1000.12; C. Such sales is incidental to the regular service of meals to guests in their rooms; and D. The rules of such hotel and the description, location, and number of such guest rooms are fully set out in the license application. 1000.13 Restrictions on Transfer of License. No license shall be transferred to any person or premises by the person or from the premises to whom and for which the license was granted, by any means whatsoever, including, without limitation, devise or descent or involuntarily by the operation of law, without the person and premises to whom and to which the license is to be transferred having first submitted an application containing all of the information required in an original application, and complying with all requirements for an original license, and receiving the approval of the Council, and where required, the Commissioner. Any change in the persons named in the original application 10-13 70 or any change in the information in such original application shall be deemed a transfer for the purposes of this Section. Provided, however, the following changes shall not be deemed a transfer: A. A change in the ownership of a limited partnership comprising 10% or less cumulatively of the limited partnership during the then license period; B. A change in ownership of a corporation comprising 10% or less cumulatively of the stock owners during the then license period; or C. A change in one of the corporation's officers during the term of the then license. Provided, however, the corporation shall give notice of a change in officer to the Clerk and the new officer shall comply with all requirements of this Section and Section 500 of this Code. 1000.14 Penalties Revocation or Sus erasion. Subd. 1 Compliance Checks and Inspections. All licensed premises shall be open to inspection by the Police Department or other authorized City official during regular business hours. At least once per year, the City shall conduct compliance checks by engaging, persons over the age of 18 and less than 21 years, to enter the licensed premises to attempt to purchase intoxicating or 3.2 percent malt liquor. Persons used for the purpose of compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel. Persons used for compliance checks shall not be guilty of unlawful Possession of intoxicating or 3.2 percent malt liquor when such items are obtained as a part of the compliance check. No person used in compliance checks shall attempt to use a false identification misrepresenting the person's age, and all minors lawfully engaged in a compliance check shall answer all questions about the person's age asked by the licensee or the licensee's employee and shall produce any identification, if any exists, for which the person is asked. Nothing in this section shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law. Subd. 2 Hearing Notice for Revocation or Suspension of License. Revocation or suspension of a license by the City Council shall be preceded by public hearing conducted in accordance with Minnesota Statutes Section 14.57 to 14.70. The City Council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least 10 days prior to the hearing, include notice of the time and place of the hearing, and state the nature of the charges against the licensee. 10-14 71 Subd. 3 Grounds for Revocation or Suspension of License. The City Council may suspend or revoke any license for the sale of intoxicating liquor or 3.2 percent malt liquor for any of the following reasons: A. False or misleading statements made on a license application or renewal, or failure to abide by the commitments, promises or representations made to the City Council. B. Violation of any special conditions under which the license was granted, including, but not limited to, the timely payment of real estate taxes, and all other charges. C. Violation of any Federal, State, or local law regulating the sale of intoxicating liquor, 3.2 percent malt liquor, or controlled substance. D. Creation of a nuisance on the premises or in the surrounding area. E. That the licensee suffered or permitted illegal acts upon the licensed premises or on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to the sale of intoxicating liquor or 3.2 percent malt liquor. F. That the licensee had knowledge of illegal acts upon or attributable to the licensed premises, but failed to report the same to the police. G. Expiration or cancellation of any required insurance, or failure to notify the City within a reasonable time of changes in the term of the insurance or the carriers. H. Failure of an establishment granted a license to exhibit satisfactory progress toward completion of construction within six 6 months from its issuance, or failure of an establishment to operate for a period of six6 months. A hearing shall be held to determine what progress has been made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated, the City Council may revoke the license. Subd. 4 Presumptive Civil Penalties. The purpose of this Section is to establish a standard by which the City Council determines the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this Chapter. These penalties are presumed to be appropriate for every case; however, the City Council may deviate in an individual case where the City Council finds that there exist substantial reasons making it more appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the 10-15 72 State or City to prevent the sale of alcohol to minors. When deviating from these standards, the Council will provide written findings that support the penalty selected. The minimum penalties for convictions or violations must be presumed as follows (unless specified, numbers below indicate consecutive days' suspensions): Appearance Type of Violation 1 2`1 3' 4 i A Commission of a felony Revocation N/A N/A N/A related to the licensed activity B. Sale of liquor while license is under suspension Revocation N/A N/A N/A C. Sale of liquor to under -age $500 6 days Revocation N/A persons D. Sale of liquor to obviously intoxicated person $500 6 clays y 18 days Revocation Ii. After hours sale of liquor $500 6 days 18 clays Revocation F. After howl display or $500 6 days 18 days Revocation consumption of liquor G. Refusal to allow City $500 15 days Revocation inspectors or police admissions to inspect premises I -I. Illegal gambling on $500 6 days 18 days Revocation premises L Failure to take reasonable $500 6 days 18 clays Revocation steps to stop person from leaving premises with liquor (does not apply to Off -Sale 3.2 Percent Malt Liquor License) I. Sale of intoxicating liquor where only Revocation N/A N/A N/A license is for 3.2 percent malt liquor 10-16 73 The City Council may impose a 3 -day suspension for failure to pay the required fine on the first appearance. Subd. 5 Multiple Violations. At a licensee's first appearance before the City Council, the Court must act upon all of the violations that have been alleged in the notice sent to the licensee. The City Council in that case must consider the Presumptive penalty for each violation under the first appearance column in Subd. 4 above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the City Council's discretion. Subd. 6 Subsequent Violations. Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unless the City Manager and licensee agree in writing to add the violation to the first appearance. The same procedure applies to a second, third or fourth appearance before the City Council. Subd. 7 Subsequent Appearances. Upon a second, third or fourth appearance before the City Council by the same licensee, the Council must impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, the City Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this Section. Subd. 8 Computation of Appearances. After the first appearance, a subsequent appearance by the same licensee will be determined as follows: A. If the first appearance was within 18 months of the current violation, the current violation will be treated as a second appearance. B. If a licensee has appeared before the City Council on 2 previous occasions, and the current violation occurred within 30 months of the first appearance, the current violation will be treated as a third appearance. C. If a licensee has appeared before the City Council on 3 previous occasions, and the current violation occurred within 42 months of the first appearance, the current violation will be treated as a fourth appearance. D. Any appearance not covered by A, B, or C of this Subd. 8 will be treated as a first appearance. 10-17 74 Subd. 9 Other Penalties. Nothing in this Section 1000.14 shall restrict or limit the authority of the City Council to suspend up to 60 days, revoke the license, or impose a civil fine not to exceed $2,000 for each violation, to impose conditions, or impose any combination of the foregoing sanctions, or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing in the manner provided for in this Section 1000.14. 1000.15 Limit on Number of On -Sale Intoxicating Liquor Licenses. At any one time there shall not be more than three On -Sale hrtoxicating Liquor Licenses issued by the City. 1000.16 Incorporation by Reference. The provisions of M.S. 340A. which are referencec in this Section are hereby adopted and incorporated by reference and made a part of this Section, including all regulations of the Commissioner which relate to such incorporated provisions of M.S. 340A. Section 1010 - MUNICIPAL LIQUOR 1010.01 Definitions. The words used in this Section will have the meanings given them in Minn. Stat. §340A.101, and the term `liquor" as used in this Code means "intoxicating liquor" as defined in Minn. Stat. §340A.101. 1010.02 Stores Established. There are hereby established municipal stores for the on—sale and off—sale of liquor. 1010.03 Location and Operation. The stores will be located at places determined by the City Council and as authorized by State law. 1010.04 Liquor Fund. A municipal liquor fund is hereby created. All revenues received from the operation of the City's liquor stores will be deposited in that fund. All ordinary operating expenses of the stores will be paid from the fund. Surpluses accumulated in the fund may be transferred, by resolution of the City Council, to the general fund or to any other appropriate fund to be expended for municipal purposes. The handling of the municipal liquor receipts and disbursements must comply with the procedures prescribed by law for receipt and disbursement of municipal funds generally. 1010.05 Hours of Operation. The hours of operation of City liquor stores will comply with Minn. Stat. §340A.504. The City liquor stores will not be open for business of any kind during the hours when sales of intoxicating liquor are prohibited. 1010.06 Operation and Restrictions. Subd. 1. Credit. No alcoholic beverages may be sold on credit. 10-18 75 Subd. 2. Minors. No City liquor store may be operated in violation of Minn. Stat. §340A.503 pertaining to persons under 21 years of age. Subd. 3. Intoxicated Persons. No person may sell, give, furnish, or in any way procure for other alcoholic beverages for the use of an obviously intoxicated person. 10-19 City of St. Anthony Ordinance 07-006 Section 565 - Secondhand Dealers, Section 566 - Pawnbrokers, Section 575 - Physical Culture and Health Services and Clubs (including therapeutic massage), and Chapter 10 -Alcoholic Beverages All of these sections address background checks to be part of the application process. To be compliant with the Bureau of Criminal Apprehension, an amendment to the City Code was required. Full copies of these changes are available at St. Anthony City Hall for review or on our website at www.ci.saint-anthony.mn.us These ordinance changes shall be in full force and effect upon passage by the City Council and publication of the Ordinance or a Summary thereof in the City's official newspaper. First Reading: Second Reading: Adopted: waived waived December 11, 2007 Mayor ATTEST: City Clerk Publish: December 19, 2007 76 FUTURE COUNCIL AGENDA ITEMS as of December 4, 2007 Meeting Meeting Staff Items/Issues Date Type Housekeeping Issues Mayor Pro Tem Financial Transactions Depository of City Funds January 8 Legal Newspaper Mayor & Councilmembers outside organizations Adopting Standing Rules of Conduct Adopt Elected Officials Travel Policy for 2008 Commissioner Stenglein, Hennepin County presentation Representative Winstock, Metropolitan Council presenation Planning Commission items from December 18 January 22 Planning Commission items from January 15 January 29 Special Joint Meeting with School Board February 12 February 26 Planning Commission items from February 19 March 10 Special JOINT MEETING WITH THE PARKS COMMISSION Department Head Annual Reports Liquor March 11 Finance Public Works March 18 Special JOINT MEETING WITH THE PLANNING COMMISSION March 25 Planning Commission items from March 18 Department Head Annual Reports Fire Police December 2007 Monthly Planner Nov 2007 S M T W T F S 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 Jan 2008 S M T W T F S 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 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Council Meeting 7 pm 16 17 18 19 20 21 22 Planning Commission meeting 7 pm 23 24 25 26 27 28 29 Christmas Holiday Observed 30 31 Printed by Calendar Creator for Windows on 12/4/2007 January 2008 Monthly Planner Sunday Monday Tuesday wodivorsday, Thursday Friday Saturday 1 2 3 4 S Dee 2007 S M T W T F S HOLIDAY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 6 7 8 9 10 11 12 Council Meeting Goal Setting Goal Setting 7pro 13 .14 15 16 17 18 19 Planning Commission meeting 7 pm 20 21 22 23 24 25 26 HOLIDAY City Council Meeting 7 pm 27 28 29 30 31 Feb 2008 S M T W T F S 1 2 3 4 5 6 7 8 9 10 /1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Printed by Calendar Creator for Windows on 12/4/2007 City Council January 8 January 22 February 12 February 26 March 11 March 25 April 8 April 22 May 13 May 27 June 10 June 24 July 8 July 22 August 12 August 26 September 9* September 23 October 1.4 October 28 November 11** November 25 December 9 December 23 meeting kegins at 8zOO Pm clue to Primary Election ** Please note this meeting falls on a holiday and the date will change. 2008 Meeting Schedule at / urn unless Joint Meetings with School Board January 29 April 29 July 29 September 30 December 30 Joint Meeting with Parks Commission March 10 Joint Meeting with Planning Commission March 18 Plannhig Commission January 1.5 February 19 March 18 April 15 May 20 June 17 July 15 August 19 September 16 October 21 November 18 December 16 Parks Commission March 10 June 9 September 8 December 8 W J 07 (P "0c c 2aZC7n Q o m 0 o 0 • g� T Q m oD a c O O 0 3 . m D 0 O 3 0 n n (D 0 (D (D cn Cncm 3 = �e N ur C C OS O a c N - + T <j' fU j N N O 0 O n O ti N N o m o 3. s CD CL EL m S S 2 2 2 2 2 2 • xx 2 Sxx2x x2 S SSx2x c D D m • p� O M. 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G_ C_ N U�r, > O O LL 0) U -00 O m m E W w o (n N O) 0 i� > LL C 0) N .= _0 0 0) ._ 0 LLJ d '00 0 d C O 0 0 m p O) N N N� C C G m m 0 Q d N N U U N �, E m T .L1 C V (0 (6 �'p) _ m U J Q '00 O LL O_ E 'c N Y E C � sU(DLU LLL .> -i LU C) IL LL N S¢aat- >> (4 aUz 0 0 m V m 00 00 M I 00 N N m O co N V" 40 0) a+ fq .0 U N =a f`6 LL C 0 �p U m HOUSING AND REDEVELOPMENT AUTHORITY AGENDA CITY OF ST. ANTHONY December 11, 2007 Call to Order. Roll Call. I. Approval of December 11, 2007, H.R.A. Agenda. II. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approve November 13, 2007, H.R.A. Minutes. (pp.1 - 2) B. Claims. (p. 3) III. Public Hearings. IV. General Policy of Business of the H.R.A. V. Staff Reports. VI. H.R.A. Commissioner Comments. VII. Information and Announcements. VIII. Adjournment. Z:1Council Meetings\200711211071HRA Agenda.doc 1 1 CITY OF ST. ANTHONY 2 HOUSING AND REDEVELOPMENT AUTHORITY MEETING 3 November 13, 2007 4 5 CALL TO ORDER. 6 7 Chair Faust called the meeting to order at 9:37 p.m. 8 9 ROLL CALL. 10 11 Commissioners present: Chair Faust; Commissioners Gray, Horst, Stille, and Thuesen. 12 Commissioners absent: None. 13 Also present: Executive Director Michael Mornson 14 15 16 L APPROVAL OF NOVEMBER 13, 2007 H.R.A. AGENDA. 17 18 Motion by Commissioner Stille, seconded by Commissioner Gray, to approve the November 13, 19 2006 Housing and Redevelopment Authority Agenda as presented. 20 21 Motion carried unanimously. 22 23 11. CONSENT AGENDA. 24 25 Motion by Commissioner Gray, seconded by Commissioner Thuesen, to approve the Consent 26 Agenda, which consisted of: 27 28 A. H.R.A. Meeting Minutes of October 23, 2007• and 29 B. Claims. 30 31 Motion carried unanimously. 32 33 III. PUBLIC HEARINGS. 34 35 None 36 37 IV. GENERAL POLICY BUSINESS OF THE H.R.A. 38 39 None 40 41 V. STAFF REPORTS. 42 4,3 None 44 45 VI. H.R.A. COMMISSIONER COMMENTS. 46 47 None. 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Housing and Redevelopment Authority Meeting Minutes November 13, 2007 Page 2 VII. INFORMATION AND ANNOUNCEMENTS. None. VIII. ADJOURNMENT. Chair Faust adjourned the meeting at 9:39 p.m. Respectfully submitted, Dianna Wise TimeSaver Off Site Secretarial, Inc. Pa 3 ACS FINANCIAL SYSTEM 12/03/2007 10: Check Register GL540R-VO6.74 ST. ANTHONY VILLAGE PAGE 1 BANK VENDOR CHECK# DATE AMOUNT FIRS BREMER BANK NA 009539 A.E.M. ELECTRIC SERVICES 5097 12/12/07 895.00 009537 AHLERS ELECTRIC 5098 12/12/07 1,145.00 009470 APACHE PARK LLC 5099 12/12/07 2,184.58 009515 B C ANDERSON ELECTRIC IN 5100 12/12/07 790.00 008698 EHLERS & ASSOCIATES, INC 5101 12/12/07 600.00 008938 GREATER METROPOLITAN 5102 12/12/07 60,000.00 009536 LAZER ELECTRIC INC 5103 12/12/07 555.00 009503 NORTH SIDE ELECTRIC 5104 12/12/07 2,600.00 009202 NORTHEAST TREE, INC. 5105 12/12/07 14,066.13 009538 QUALITY STUCCO & PLASTER 5106 12/12/07 250.00 008887 WELLS 5107 12/1207 35.00 009047 WHITE BEAROELECTRICACN93 5108 12/12/07 5,300.00 BREMER BANK NA 88,736.71 ***