HomeMy WebLinkAbout08.28.89 and 08.31.89 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, August 28, 1989
and
4:30 P.M., Thursday, August 31, 1989
Council Chambers, Municipal Building
Meeting No. 89-19
~ A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the
Council Chambers, Municipal Building, and was called to order at 7:02 P.M., by
Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
0. APPROVAL OF MINUTES
None.
APPROVAL OF AGENDA
Mayor Greavu moved to aoorove the Acenda ae amended:
1. Appointment to Ramsey/Washington Watershed
2. H.R.A.
3. Stop Sign, County Road D and White Bear Avenue
4. Parks and Recreation
5. Hillside park
Seconded by Councilmember Rossbach. Ayes - all.
E-A PRESENTATION
1. Loyal Order of Moose Presentation
a. Mr. Thomas Hagen, representing the Loyal Order of Moose, introduced
Bob Scott, Governor of the Moose.
~ b. Mr. Bob Scott presented Larry Cude, Emergency Service, a check for
$1600 to buy communication equipment.
c. Council thanked the Moose for their generosity.
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E. CONSENT AGENDA '
Mayor Greavu moved, Seconded by Councilmember Juker, Aves - Mavor Greavu,
Councilmembers Anderson, Juker and Rossbach, Nav - Councilmember Bastian, tc
~aoorove the Consent Aaenda,. Items E-1 through 5 as recommended.
1. Approval of Claims
ACCOUNTS PAYABLE: '
$ 623,211.01 Checks #4653 - #4723
Dated OB-O1-89 thru 08-17-89
S 151,084.76 Checks #1802 - #1931
Dated 08-28-89
$ 774,295.77 Total per attached voucher/check register
PAYROLL•
$ 173,128.49 Payroll Checks
S 33,117.27 Payroll Deductions
$ 206,245.76 Total Payroll I
$ 980,541.53 GRAND TOTAL
2. Budget Transfer - Computer Cabling '
Approved the budget transfer of $5,750.b0from theCOntingency Account to
Account 101-110-4730 to cover the cost of installing five additional data
lines for access to personal computers and printers.
3. Final Payment - Project 89-14, Bituminous Resurfacing
Resolution No. 89 - 9 - 133
WHEREAS, pursuant to a written contract signed by the City on July 24,
1989, Northwest Asphalt, Inc., has satisfactorily completed Bituminous
Resurfacing Project 89-14 in accordance with such contract;
i
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the work completed under such contract is hereby accepted
and approved; and
BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby
directed to issue a proper order for the final payment on such contract,
taking the contractor's receipt in full.
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4. Budget Change For Donated Vehicle
Approved to increase the Revenue Account 101-3803 by $1100 and as a $1,100
capital outlay expenditure 101-402-4610 and accept the donation of a 1968
van from UPS to the Public Safety Department.
5. Budget Change
Approved to correct the pay rate for two Nature Center employees for 1989
by transferring $4,200 from the contingency account to the appropriate
account.
6. Budget Change
Approved the budget transfer of $4,200 from the contingency account to the
appropriate accounts to cover the costa of expanded hours of the Nature
Center.
F. PUBLIC HEARINGS
1. 7:00 P.M., Tax Exempt Financing: Maplewood Care Center (1905 Cope Avenue)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of the Volunteers of America for preliminary approval of tax
exempt financing for $5,300,000 in order to purchase the Maplewood Care
Center.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. James Anderson, Chief Financial Officer, Volunteers of America, spoke
on behalf of the proposal.
e. Mary ippel, Briggs and Morgan, Bonding Consultant, answered questions
from the Council.
f. Mayor Greavu called for persona who wished to be heard, for or against the
proposal. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Anderson moved to approve the Tax exempt financing as
reovested subject to the followinc improvements to the buildinc and .site:
1. The remainder of the building must be sprinklered to meet
the building code over a two-year period..
2. Thirteen (13) additional parking spaces shall be added,
subject to approval of the Community Design Review Board.
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Concrete curbing shall be provided around the new parking
spaces and the two existing lots.
3. The trash enclosure shall be screened to meet City Code.
4. Staff to review the address as 1905 Cope.
Seconded by Mayor Greavu. Ayes - all.
i. Councilmember Anderson introduced the followincresolution and moved
its adootion•
89-8- 134
RESOLUTION RECITING A PROPOSAL FOR A
NURSING HOME FACILITY PROJECT
GIVING PRELIMINARY APPROVAL TO THE PROJECT
' PURSUANT TO MINNESOTA STATUTES,
SECTIONS 469.152 THROUGH .165
(VOA Care Centers, Minnesota Project)
WHEREAS,
(a) The City of Maplewood, Minnesota (the "City") has. received from
VOA Care Centers, Minnesota, a nonprofit corporation organized under the
laws of the State of Minnesota (the "Company"), a proposal that the City
assist in financing a Project consisting of the acquisition of a nursing
home facility in the City of Maplewood, Minnesota, through the issuance of
a revenue bond or bonds or a revenue note or notes, in a single issue or
in a series (hereinafter referred to in this resolution as "Revenue
Bonds") pursuant to Minnesota Statutes, Sections 469.152 through .165 (the
..Act") '
(b) The City desires to facilitate the selective development of the
City and help to provide the range of services and employment
opportunities required by the population; and the Project will assist the
City in achieving those objectives;
(c) The City has been advised by representatives of the Company that
conventional, commercial financing to pay the capital costs of the Project
. is available only on a limited basis and at such high costs of borrowing
that the economic feasibility of operating the Project would be
significantly reduced, but the Company has also advised this City Council
that with the aid of municipal financing, and its resulting low borrowing
cost, the Project is economically more feasible; '
(d) The City, pursuant to Minnesota Statutes, Section 469.154,
Subdivision 4, did publish a notice, a copy of which with proof of
publication is on file in the office of the Planning Director of the City
located in the City Hall of the City of the public hearing on the proposal
of the Company that the City finance the Project and the City did conduct
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- a public hearing pursuant to said notice on August 28, 1989, at 7:00
o'clock P.M., at which hearing all persons who appeared at the hearing
were given an opportunity to express their views with respect to the
proposal;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA, as follows: ~~l
1. The City Council hereby gives preliminary approval to the proposal
of the Company that the City undertake the Project pursuant to the Act,
consisting of the acquisition of facilities within the City suitable for
the operations described above and to a revenue agreement between the City
and the Company upon such terms and conditions with provisions for
revision from time to time ae necessary, so as to produce income and
revenues sufficient to pay, when due, the principal of and interest on the
Revenue Bonds in the total principal amount of approximately $4,300,000 to
be issued pursuant to the Act to finance the acquisition of the Project;
' and said agreement may also provide for the entire interest of Company
therein to be mortgaged to the purchaser or purchasers of the Revenue
Bonds; and the City hereby undertakes preliminarily to issue its Revenue i;
t;
Bonds in accordance with such terms and conditions;
2. On the basis of information available to this City Council, it
appears, and the City Council hereby finds, that the Project constitutes
properties, real and personal, within the meaning of subdivision 2 of
Section 469.153 of the Act; that the Project furthers the purposes stated
in Section 469.152 of the Act; that the Project would not be undertaken
but for the availability of industrial bond financing; that the
availability of the financing under the Act and willingness of the City to
furnish such financing will be a substantial inducement to the Company to
undertake the Project, and that the effect of the Project, if undertaken,
will be to assist the Company in the acquisition of 'a nursing home
facility providing needed elderly health care facilities and generally
aiding in the redevelopment and revitalization of the City and to aid
employment in the community by retaining and creating the full-time
equivalent of approximately employment opportunities, and by these
means to encourage the development of economically sound commerce to
assist in the prevention of the emergence of blighted and marginal land,
to help prevent chronic unemployment, to help the city retain and improve _
its tax base and provide the range of services and employment
opportunities required by its population, to help prevent the movement of
talented and educated persons out of the State, to promote more intensive II
development and use of land within the City and otherwise furthering these ~i
and other purposes seb forth in Minnesota Statutes, Section 469.152;
3. The Project ie hereby given preliminary approval by the City
subject to the approval of the Project by the Minnesota Department of
Trade and Economic Development ("DYED"), and subject to final approval by
this City Council, the Company, and the purchaser or purchasers of the
Revenue Bonds as to the ultimate details of the financing of the Project;
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4. The Mayor is hereby authorized and directed to submit the proposal
for the Project to DTED requesting its approval, and other officers,
employees and agents of the City are hereby authorized to provide DTED
with each preliminary information as it may require;
5. The Company has agreed and it is hereby determined that any and
all costa incurred by the City in connection with the financing of the
Project whether or not the Project is carried to completion and whether or
not approved by DTED will be paid by the Company;
6. Briggs and Morgan, Professional Association, acting as bond
counsel, and Dougherty, Dawkins, Strand & Yost, Incorporated, investment
bankers, are authorized to assist in the preparation and review of
necessary documents relating to the Project, to consult with the City
Attorney, the Company and the purchaser or purchasers of the Revenue Bonds
as to the maturities, interest rates and other terms and provisions of the
Revenue Bonds and as to the covenants and other provisions of the
' necessary documents and to submit such documents to the Board for final
approval;
7. Nothing in this. resolution or in the documents prepared pursuant
hereto shall authorize the expenditure of any municipal funds on the
~ Project other than the revenues derived from the Project or otherwise
granted to the City for this purpose. The Revenue Bonds shall not
constitute a charge, lien or encumbrance, legal or equitable, upon any
property or funds of the City except the revenue and proceeds pledged to
the payment thereof, nor shall the City be subject to any liability
thereon. The holder or holders of the Revenue Bonds shall never have the
right to compel any exercise of the taxing power of the City to pay the
outstanding principal on the Revenue Bonds or the interest thereon, or to
enforce payment thereof against any property of the City. The Revenue
Bonds shall recite in substance that the Revenue Bonds, including interest
thereon, are payable solely from the revenueand proceedspledged to the
payment thereof. The Revenue Bonds shall not constitute a debt of the
City within the meaning of any constitutional or statutory limitation;
8. In anticipation of the approval by DTED and the issuance of the
Revenue Bonds to finance all or a portion of the Project, and in order
that completion of the Project will not be unduly delayed when approved,
the Company is hereby authorized to make such expenditures and advances
toward payment of that portion of the costs of .the Project to be financed
from the proceeds of the Revenue Bonds ae the Company considers necessary,
including the use of interim, short-term financing, subject to
reimbursement from theproceeda of the Revenue Bonds if and when delivered
but otherwise without liability on the part of the City;
9. The actions of the City Council and staff in causing public notice
of the public hearing and in describing the general nature of the Project
and estimating the principal amount of the Revenue Bonds to be issued to
finance the Project and in preparing a draft of the proposed application
to DTED for approval of the Project, which has been available for
inspection by the public in the offices of the Planning Director of the
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City from and after the publication of notice of the hearing, are in all
respects ratified and confirmed.
Seconded by Mayor Greavu. Ayes - all.
G. AWARD OF BIDS
1. County Road C - Keller Parkway Water, Project 88-10
a. Manager McGuire presented the Staff report.
b. Councilmember Bastian introduced the following resolution and moved
its adoption-
69 - 8 - 135
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Danner, Inc., in the amount of $112,663.40 is the lowest
responsible bid for the construction of Keller Parkway/County Road C Water
Main, City Project 88-10, and the Mayor and Clerk are hereby authorized
and directed to enter into a contract with said bidder for and on behalf
of the City.
Seconded by Councilmember Anderson.. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian.
H. UNFINISHED BUSINESS
1. Preliminary Plat Revision: Woods and Ponds
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
proposal.
c. Sam Cave, Ed Cave & Sona, Inc., spoke on behalf of his request.
d. Councilmember Rossbach moved to approve Cave's Woods and Ponds
Addition preliminarv plat (plans stamped Aucuat 28, 1986) aubiect to the
following conditions being met before final plat approval:
1. Conditions
a. The plat may be revised. to allow a driveway from Lot 7
to Currie Street, subject to the approval of the Director
of Community Development.
b. An opinion shall be submitted by a certified soils
expert which describes the soil correction procedure(s)
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necessary to prepare the areas proposed as building sites
for Lota 1, 2, 3 and 4 of Block One. These procedures ~
shall be included in the developer's agreement.
c. The final grading, drainage, utility and erosion
control plane shall be approved by the City Engineer.
These plane shall include, but not be limited to:
(1) A proposed building pad elevation and contour
information for each home site, as well as the
areas to be disturbed for street construction.
Housing styles shall be illustrated which minimize
grading on sites that contain trees to be
preserved. Deviation from this approved grading
plan may be permitted by the City Engineer,
provided that the intent of the overall grading
plan is complied with.-
(2) The location of the four-inch and larger diameter
trees to be saved shall be shown on the grading
plan. The location and type of trees to be
replanted (Condition e.) shall be shown in the
grading plan.
(3) The pad for Lot 12 shall be revised to meet the
rear yard setback of 53 feet.
(4) In the grading plan, show the location of the
driveway for Lot 13, Block One, including the area
for the required turn-around.
(5) The grading plan shall maximize preservation of
the hill and trees on Lot One, Block Two, as much
as possible.
(6) The use of a temporary rock entrance pad, during
construction.
(7) Revise the house pads on Larpenteur Avenue to
provide a 70-foot setback from the pipeline with
5-6 feet of berming.
(8) The grading of Lots 8 and 9 shall be revised to
save the trees adjacent to the pond.
d. Submittal to the City a 100-foot-diameter easementfor
the temporary cul-de-sac for the Currie Street right-of-
way.
e. Submittal of a signed developer's agreement to the
City Engineer with the required surety for all public,
8 8-28-8~
street, ponding and utility improvements required for this
development. This agreement shall also guarantee:
(1) That trees will be planted to comply with Section
9-191 (5) (b) of the environmental protection
ordinance.
(2) That the prescribed soil correction procedure(s)
in Condition b. (above) will be followed.
(3) Construction of driveway turn-arounda for Lots 1,
2, 3, 4, 12 and 13, Block One.
(4) Construction of driveways for Lots 7 and 12, Block
One, that comply with the requirements of Section
10.207 of the Uniform Fire Code.
2. Deny the rear yard setback variances, on the basis that
they do not meet the findings required by State law for a
variance. Homes can be constructed to meet the setbacks.
3. Approve a setback of 70 feet from the pipeline in
Larpenteur Avenue, provided that 5 - 6 feet of berming is
provided in the front yards.
Seconded by councilmember Anderson. Ayes - Mayor Greavu, Councilmembera
Anderson, Bastian and Roasbach
Nay - Councilmember Juker
2. Preliminary Plat: Hillwood Oaks No. 2 (Hennen)
a. Manager McGuire presented the staff report.
b. Larry Samatad, Itaska Eng., representing Henne Development, spoke on
behalf of the proposal.
c. Donald Campbell, Land Surveyor, also spoke.
d. Mayor Greavu moved to approve the preliminary plat for Hillwood Oaka
Number Two (plans stamped Mav 5, 1989) eubiect to the following conditions
being met before final plat approval:
1. The plat shall be revised as illustrated on the map on
page 10 so that the lot line between Lots 2 and 3, Block
One shall be moved slightly to the east so that the rear
corner of the lots matches the rear corner of Lots 5 and
6, Block One, South Oaks Second Addition.
2. Outlot A shall be deeded to the City if the owner to the
south agrees to accept the land. If not, Outlot A shall
be combined with Lot 5, Block 2.
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3. Prior to any further grading on the site, the final
grading, drainage, utility, erosion control, and street
plans shall be approved by the City Engineer. These plans
shall include, but not be limited to:
(a) A proposed building pad elevation and contour
information for each home site, as well as the
areas to be disturbed for the construction of the
streets and the storm water pond. Housing styles
shall be illustrated which minimize grading on
sites that have trees to be preserved. Deviation
from this approved grading plan may be permitted
by the City Engineer, provided that the intent of
the overall grading plan is complied with.
(b) Each tree to be saved shall be shown on the
grading plan. These trees shall also be
identified on the site.
(c) The use of rock entrance pads, silt fences and
seed and mulch during construction to control soil
erosion and sedimentation.
(d) The erosion control plan shall include a protected
overflow awale leading from McKnight Road to the
north corner of the pond.
(e) Submittal to the City Engineer of a signed
developer's agreement with the required surety for
the above items.
4. Approval of a tree removal and planting pla-n by the
Director of Community Development before grading or
construction begins, or final plat approval is given.
This plan moat illustrate the trees that are to be
removed, those that are to be retained and those that are
to be replanted.
5. Submittal to the City Engineer of a signed developer's
agreement with the required surety. This agreement shall
address, but not be limited to:
i
(a) Construction of all public improvements, ponding,
erosion control and tree planting required for
this development.
(b) Removal of the temporary col-de-sac for Hillwood
Drive, construction of a permanent Hillwood Drive
street section (curb, gutter, etc.) and
restoration of the temporary col-de-sac area
outside of the permanent street section to an
acceptable grade with a grass surface.
10 8-28-89
(c) The replanting of trees so that there are at least
10 trees on each acre (2-inch minimum diameter for
new of 4-inch minimum diameter for existing)
following all construction. Trees to be saved
shall be appropriately fenced during grading and
all construction.
Seconded by Councilmember Rosabach.
Councilmember Rosabach moved. to amend the motion and include the followinc as a
condition•
To change the contours so that the pathway be at least 4 feet
in from the curb and be level with the curb and be located on the
south side of the street.
Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers
Bastian, Juker and Rosabach
Nay - Councilmember Anderson.
Voting on original motion. Ayes - Mayor Greavu, Councilmembers
Bastian and Rosabach
Nays - Councilmembera Anderson and
Juker.
3. Code Amendment: Planning Commission Procedure (2nd Reading)
a. Manager McGuire presented the staff report.
b. Councilmember Bastian introduced the following ordinance and moved its
adootion•
ORDINANCE NO. 650
AN ORDINANCE ALLOWING THE PLANNING COMMISSION
TO ELECT ITS CHAIRPERSON AND DESIGNATING
A DATE FOR ITS ANNUAL REPORT
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 25-20 is amended as follows:
Sec. 25-20. Chairperson.
The chairperson of the Planning Commission shall be elected by the
Planning Commission at the first meeting January. of each year from among
the members of the Planning Commission. The chairperson shall be
responsible for calling and presiding at meetings and shall be entitled to
an equal vote with other members of the Commission.
11 8-28-89
Section 2. Section 25-22 is amended as follows:
Sec. 25-22. officers; meetings, rules of procedure, public attendance; etc.
(a) The Planning Commission shall elect its own officers,
establish meeting times, and adopt its own rules of
procedure to be reviewed and approved by the City Council.
(b) All meetings of the Planning Commission shall be open to
the public.
Section 3. Section 25-23 (5) is'amended as follows:
(5) To review, prepare and make a report to the Citg Council
~ by the second City Council Meeting in February of each
year regarding the Commission's activities in the past
year and major projects for the new year.
Section 4. Section 25-23 (8) is amended as follows:
(8) To review and make recommendations to the City Council on
development applications, such as rezonings, conditional
use permits, variances, vacations, preliminary plate and
home occupation licenses.
(9) To accept such other and further duties as may, from time
to time, be directed by the City Council, including
conducting hearings. ~I,
Section 5. This ordinance shall take effect upon its passage and publication. I
I
Seconded by Mayor Greavu. Ayes -•all.
4. Liquor License Ordinance (2nd Reading),
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins presentedthe proposed ordinance in
detail.
c. Mayor Greavu introduced the followinc ordinance and moved its
adootion•
ORDINANCE NO. 651
ALCOHOLIC BEtlERAGES
Art. I. In General. S.S. 5-1 to 5-20
Art. II. Non-Intoxicating Malt Liquor3, S.S. 5-21 to 5-35
Div. 1. Oenerally. S.S. 5-21 to 5-35
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i Div. 2. Licenses, S.S. 5-36 to 5-60
Art. III. Intoxicating Liquors, S.S. 5-61 to 5-155
Div. 1._ Generally, S.S. 5-61 to 5-95
Div. 2. "On-Sale" and "Off-Sale" Licenses, S.S. 5-96 to 5-125
Div. 3. "On-Sale Wine Licenses," S.S. 5-126 to 5-145
Div. 4. Bottle Clubs, S.S. 5-146 to 5-155
ARTICLE I. IN GENERAL.
Sec. 5-1. Proof of age for consuming, purchasing or possessing alcoholic beverages.
Proof of age for consuming, purchasing or possessing an alcoholic beverage, the
~ consumption, sale or possession of which is regulating under this chapter by age, may be
I established only by a valid state driver's license or a current Minnesota identification
card, or in the case of a foreign national by a valid passport.
State law reference-Similar provisions, M.S. 340A,.503(a).
Sec. 5-2. Persons under 21 pears of age; misrepresentation of age to obtain
alcoholic beverages; possession or consumption of alcoholic beverages,
etc.
(s) It is unlawful for a person under the age of 21 years to claim to be 21 years old
or older for the purpose of obtaining alcoholic beverages.
(b) It is unlawful for a person under the age of 21 years to possess any alcoholic
beverage with intent to consume it as a place other than the household of the
person's parent or guardian.
State law reference-Intoxicating liquors, M.S. Ch. 340A.
(c) It is unlawful for anyone under the age of 21 years to consume any alcoholic
beverages unless is the household of the person's parent or guardian and with the
consent of the parent or guardian.
State law reference-Similar provisions, M.S. 304A.503, subds. 1, 3, 5.
Sec. 5-3. Licensee responsible for acts of employees, etc.
(a) Any act by a clerk, barkeeper, agent, or employee of a licensee under this
chapter, in violation of this chapter, is deemed the act of the employer and
licensee of such place as well as that of said clerk, barkeeper, agent, or
employee, and every such employer and licensee is liable to all the penalties
provided for the violation of same, equally with said clerk, barkeeper, agent, or
employee, except for felonies of manufacture, transport, import or sale/gift of
poisonous alcohol; sale of an alcoholic beverage without a license is a gross
misdemeanor.
(b) Aay sale of intoxicating liquor by a clerk, barkeeper, agent, or employee made in
or from a place licensed under this chapter to sell non-intoxicating malt liquor,
but not licensed to sell intoxicating liquor, is deemed the act of the employer
13 8-28-89
and licensee, as well as that of the person actually making the sale, and every
such employer and-licensee of such place is liable to all the penalties provided
for such sale, equally with the person actually making the same, except for
felonies of manufacture, transport, import of sale/gift of poisonous alcohol; sale
of an alcoholic beverage without a license is a gross misdemeanor.
Sec. 5-4. Keeping of house, etc., for unlicensed sale of intoxicating liquor,
customers thereat, etc.
It is a misdemeanor:
(1) To keep within the City a house or place for the unlicensed sale of intoxicating
liquor; or
(2} To visit such house or place to purchase or consume any intoxicating liquor sold
on the premises.
Sec. 5-5. Drinking beer or intoxicating liquor on public street, etc., or while
trespassing oa private property.
No person shall, upon the public streets, lanes or alleys of the city, or being a
trespasser upon the private premises of another, drink beer or intoxicating liquor.
Sec. 5-6. License fees, investigation charges, etc., to be imposed and fixed by
resolution of City Council if not expressly imposed or fixed in this
chapter.
Unless expressly provided for in this chapter, the amount of any license, permit,
investigation, etc., fee or charge required to be paid by this chapter shall be in such
amount as may be imposed, set, established and fixed by the City Council, by resolution,
from time to time.
ARTICLE II. NON-ZNTO%ICATING MALT LIQUORS
DIVISION 1. GENERALLY
Sec. 5-21. Definitions
For the purposes of this article, the following terms, words and phrases have the
meanings respectively ascribed to them:
Alcoholic beverage: "Alcoholic beverage" is any beveragecontaining more than one-
half of one percent alcohol by volume.
Bona fide club: A bona fide club is an organization organized for social purposes,
business purposes, for intellectual improvement, or for the promotion of sports where the
serving of non-intoxicating malt liquor is incidental to and not the main purpose of the
club.
14 8-28-89
Intoxicating liquor and liquors "Intoxicating liquor" and "liquor" mesa ethyl
alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than
3.2 percent of alcohol by weight. 'i
Non-iatoxicatina malt liquor: Non-intoxicating malt liquor is malt liquor containing
not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol
by weight.
i
Off-sale: "Off-sale" is the sale of non-intoxicating malt liquor for consumption off
the premises only.
Person: "Person" includes any individual, partnership, association, trust,
institution, corporation, or municipality,-and includes also a municipal liquor store.
"Sale," "sell," and "purchase," include all barters, exchanges, gifts, sales, purchases
and other means used to obtain or furnish liquor as above-described, directly or
indirectly, in violation or evasion of this ordinance but does not include sales by state
license, liquor wholesalers selling to licensed retailers.
Cross reference - Rules of construction and definitions generally, S.S. 1-41, et seq.
State law reference-Similar provisions, M.S. 340A.101; 645.44, subd. 7.
Sec. 5-22. Hours of Sale, Hours of consumption.
No son-intoxicating malt liquor shall be sole in the City between 1:00 A.M. and 8:00
A.N. on the days of Monday through Saturday, nor between 1:00 A.M. and 12:00 noon on
Sundays.
No "on-sale" licensee shall permit non-intoxicating malt liquors to be consumed on the
licensed premises during the hours when the sale thereof is prohibited by this section;
provided, however, that the licensee shall be allowed a 30-minute period following the
1:00 A.M. closing hour to clear the premises of customers who are on the premises at 1:00
A.M., and such customers during that time may consume intoxicating malt beverages
purchased by them before 1:00 A.M.
State law reference-Sales of non-intoxicating malt liquor, closing hours, M.S.
340A.504.
Sec. 5-23. Persons under 21 years; sale to, consumption by, procuring for; etc.
It is unlawful in the City for a:
(1) Licensee or the licensee's employee. to sell or serve non-intoxicating malt liquor
to a person under the age of 21 years or to permit a person under the age of 21
pears to consume non-intoxicating malt liquor on the licensed premises;
(2) Person other than the parent or legal guardian to procure non-intoxicating malt
liquor for a person under the age of 21 years;
(3) Person top induce a person under the age of 21 years to purchase or procure non-
intoxicating malt liquor.
15 8-28-89
(4) Person under the age of 21 years to claim to be 21 years or older for the purpose
of obtaining non-intoxicating malt liquor;
(5) Person under the age of 21 years to consume any non-intoxicating malt liquor
unless in the company of the person's parent or guardian;
(6) Person underthe age of 21 pears to possess any non-intoxicating malt liquor, with
intent to consume it at a place other than the household of the person's parent or
guardian. Possession at a place other than the household of the person's parent
or guardian is prima facie evidence of intent to consume it at a place other than
the household of the parent or guardian.
Seb. 5-24. Person must be 21 years of age to deliver, sell, serve or vend non-
intoxicating malt liquor.
(a) It is unlawful for a licensee under this article or an agent or employee of a
licensee to allow a person under the age of 21 years to deliver, sell, serve or
vend non-intoxicating malt liquor to a person in the City.
(b) it is unlawful for a person under the ageof 21 years to deliver, sell, serve or
_ vend non-intoxicating malt liquor to a person in the City.
Sec. 5-25 to 5-35. Reserved.
DIVISION 2. LICENSES*
'i
Sec. 5-36. Required to sell at retail; types of licenses.
8xcept as provided in this section, it is unlawful to sell non-intoxicating malt
liquors at retail in the City except when licensed under this article. Two types of
annual licenses are issued for the sale of non-intoxicating malt liquors;
(1) "On-sale" licenses permit the licensee to sell non-intoxicating malt liquors for
consumption on the licensed premises, and the license fee therefor is fixed by the
City Council and paid to the City. "On-sale" licenses are granted only to drug
stores, restaurants, hotels, boas fide clubs, and establishments for the sale of
non-intoxicating malt beverages, and soft drinks at retail. A club or charitable,
religious, or non-profit organization may be issued a temporary "oa-sale" license
for the sale of non-intoxicating malt liquor on and off school grounds, and in and
out of school-houses sad school buildings. Temporary licenses are subject to such
terms, including a license fee, as the City Council prescribes.
(2) "Off-sale" licenses permit the licensee to sell non-intoxicating malt liquors in
original packages for consumption off the premises only, and the license fee
therefor is fixed by the City Council and paid to the City.
State law reference-Similar provisions, M.S. 340A.
Sec. 5-37. Persons eligible to be issued licenses. j
16 8-28-89
Licenses under this article may be issued only to persons who are citizens of the it
United States or resident aliens and who. are of good moral character and repute, who have 'I
attained the age of 21 years and who are proprietors of the establishments for which the I
licenses are issued.
State law reference-Similar provisions, N.S. 340A.402 (1), (2), (4).
Sec. 5-37. Persons not eligible to be issued licenses.
No license may be issued to:
(1) No license may be issued to a person who has had an intoxicating liquor or non-
intoxicating liquor license revoked within five years of the license application. "I,
(2) In addition, no new license may be issued to, and the City Council may refuse to
renew the license of, a person who, within five years of the license application,
has been convicted of a willful violation of a federal or state law or a local
ordinance governing the manufacture, sale, distribution, or possession for sale or
distribution of an alcoholic beverage.
State law reference-Similar provisions, M.S. 340A.402.
Sec. 5-38. Premises which may not be licensed; limitations on number of licenses.
(a) No "on-sale" or "off-sale" non-intoxicating malt beverage license may be issued
under this article to premises licensed as a motor fuel station, motor fuel
station convenience store, internal motor fuel station, major motor fuel station
or truck stop, ad defined in Section 36-151 of this Code.
(b) No non-intoxicating malt liquor license may be issued under this article for
premises located within an area wherein such use of the premises is prohibited by.
the zoning ordinance, nor within an area where such sales are forbidden by state
law or any other ordinance of the City.
(c) No "on-sale" license may be issued under this article for premises located within
1,000 feet of a church or school building located in the City, and no "off-sale"
license shall be issued for premises located within 100 feet of a church or school
building. The distance is to be measured from the nearest property line to the
nearest property line.
(d) Not more than one license may be issued under this article to any person in the
City.
Sec. 5-39. Duration.
Except for a temporary "on-sale" license issued under this article, all licenses
issued under this article run for a period of one year from July 1, and, if issued for a
shorter period than one year, the license fee shall be prorated on a monthly basis.
State law reference-Similar provisions, M.S. 340A.301, subd. 5.
17 8-28-89
Sec. 5-40. Corporate holders to notify City Council of stock transfers and change in
officers; Council to approve stock transfers; failure to notify grounds for license i,
revocation, etc.
No corporation to which a license has been granted hereunder may transfer any stock in
-.such corporation without the consent of the Council. It is the duty of the officers of a
corporation holding a license issued under this article to notify the Council of any
proposed sale or transfer of any stock in such corporation, and not such sale or transfer
of any stock without the knowledge and consent of the Council. The transfer of any stock
without the knowledge and consent of the Council shall be deemed sufficient cause for
revocation by the Council of a license granted to such corporation under this article or
any other licensing ordinanceof the City under which such corporation has received a
license from the City. Such corporation officers shall also notify the Council whenever
ny change is made in the officers of any such corporation, and the failure to so notify
the Council shall likewise be sufficient cause for revocation of a license issued to such
corporation.
Sec. 5-41. Unlawful possession by licensee, agent, etc., of intoxicating liquor on
licensed premises.
It is unlawful for a person licensed under this article, but not licensed to sell
intoxicating liquor, or for any of-the person's agents, or employees, to possess on
premises licensed under this article, intoxicating liquor, as defined in Section 340A.101,r>
linnesota Statutes, for the purpose of consumption by anyone.
Sec. 5-42. Duty of police to notify Council of conviction of licensee of violation of
article; conviction grounds for revocation of license.
It is the duty of the police officers of the City to notify the Council whenever a
person licensed under this article is convicted of a violation of this article. such
conviction shall be deemed sufficient cause of the council to revoke a license issued to
such convicted person under this article.
Sec. 5-43. Application-Generally.
A person seeking a license under this article must apply to theCityCouncil for the
license by filing a written application with the City Clerk. The City Clerk must present
the application to the City Council. An application must contain the following:
(1) The applicant's name and place of residence.
(2) The exact location of the place at which the applicant proposes to sell non-
- intoxicating malt liquors.
(3) Whether the applicant has ever previously been engaged in the business of selling
non-intoxicating malt liquors or in the business of selling foodstuffs in the
City, and if so, when and where.
(4) The signature of the applicant, or of an officer of a club seeking a license, or r
of an officer of a corporation seeking a license. -
18 8-28-89
An application must be placed on file when it is received by the City Clerk. The name
of applicant must be registered in a book of registration kept in the City Clerk's office
for that purpose; provided, however, that the Clerk may not receive an application or
register an applicant's name unless the application is accompanied by a receipt of payment
of the required license fee.
Sec. 5-44. Same-Payment of license fee imposed and fixed by Council resolution; etc.
Upon the filing of an application for the issuance of a license under this article,
the applicant must pay to the City Clerk, in full, the amount of the license fee therefor,
ae imposed, set, established and fixed by .the City Council, by resolution, from time to
time. The City Clerk must give the applicant a receipt for the payment.
Sec. 5-45. Same-Inspections of premises, etc.
The applicant for a license under this article must permit the appropriate officers of
_ the City, ae well ae representatives of the police and fire departments, to inspect and
examine the place of business described in the application, together with all the
appliances and instruments used or to be used in the transaction of the business for which
the license is sought. A refusal by the applicant to permit any such inspection shall be
deemed. as sufficient grounds for the Council to refuse to issue the license applied for.
Sec. 5-46. Same-Procedure; recommendations and reports to City Council; grant or
genial.
After the filing of an application for a license under this article, the City Clerk
shall transmit such application and his or her recommendations to the City Council,
together with any reports from the police or the fire departments. The Council shall
thereupon consider the application and grant or deny the same.
Sec. 5-47. Employers and licensees responsible for acts of employees,. agents, etc.
Any act by a clerk, barkeeper, agent, or employee in violation of this article is
deemed the act of the employer and licensee of such place, as well as that of said clerk,
barkeeper, agent, or employee, and every such employer and licensee is liable to all the
penalties provided in this article for the violation of same, equally with the said clerk,
barkeeper, agent, or employee.
Secs. 5-48 to 5-60. Reserved.
ARTICLE III. INTO%ICATING LZQUORS*
DIVISION 1. GENERALLY
Sec. 5-61. Definitions.
For the purposes of this article, the following words, terms and phrases have the
meanings respectively ascribed tc them:
19 8-28-89
Club: "Club" is an incorporated organization organized under the laws of the State
for civic, fraternal, social, or business purposes, for intellectual improvement, or for
the promotion of sports, or a congressionally chartered veterans' organization, which:
(1) Hae more than 50 members;
(2) Has owned or rented a building or apace in a building for more than one year that
is suitable and adequate for the accommodation of its members;
*State law reference-Intoxicating liquor act, M.S. 340A. 101.
(3) Is directed by a board of directors, executive committee, or other similar body
chosen by the members at a meeting held for that purpose. No member, officer, '
agent, or employee shall receive any profit from the distribution or sale of
beverages to the members of the club, or their guests, beyond a reasonable salary
or wages fixed and voted each year by the governing body.
Intoxicating liquor, liquor: "intoxicating liquor" and "liquor" mean ethyl alcohol,
distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2
percent of alcohol by weight.
Limited off-sale: "Limited off-sale" means the sale of vinous or malt liquor in
retail stores and in original packages containing not leas than 3.2 percent alcohol or 4
percent by volume and not more than 24 percent of alcohol by volume for consumption off
the premises where sold.
Off-sale: "Off-sale" means the sale of liquor in original packages in retail stores
for consumption off the premises where sold.
On-Sale: "On-sale" means the sale of liquor by the glass or by the drink for
consumption on the premises only pursuant to such regulations as the state commissioner of
public safety may prescribe.
Package, original package: "Package" or "original package" means corked or sealed
container holding liquor.
Person: "Person" includes individuals, corporations, partnerships and associations.
Restaurant: "Restaurant: means an establishment, other than a hotel, under the -
control of a single proprietor or manager, where meals are regularly served at tables to
the general public, and which has seating capacity for not less than 30 guests.
Sale, sell, sold: "Sale" and "sell" and "sold" mean all barters and all manners or
means of furnishing intoxicating liquor, including such furnishing in violation or evasion
of law.
Cross reference-Rules of construction and definitions generally, S.S. 1-41, et seq.
State law reference-Similar definitions, M.S. 340A.101.
Sec. 5-62. Non-applicability.
This article does not apply to:
20 8-28-89
(1) Persons issued licensee by the commissioner of public safety pursuant to Section
340A.316, Minnesota Statutes, for the importation and sale of wine exclusively for
sacramental purposes;
(2) Medicines intended for therapeutic purposes and not intended as a beverage;
(3) Industrial alcohol designed for mechanical, chemical, scientific pharmaceutical,
or industrial purposes; or
(4) Non-potable compounds or preparations containing alcohol.
State law reference-M.S. 340A.316; 340A.906.
Sec. 5-63. Persons to whom intoxicating liquor may not be sold, furnished, etc.
No person may sell, furnish or deliver in the City intoxicating liquor for any purpose
to:
(1) A person under the age of 21 years;
(2) An obviously intoxicated person;
(3) A person to whom sale is prohibited by this Code or other ordinance of the City or
by any law of this State.
State law reference-Similar provisions, M.S. 340A.502; 340A.503.
Sec. 5-64. Person must be 18 years of age to deliver, sell, serve or vend
intoxicating liquor.
(a) It is unlawful for a licensee under this article or the licensees agents, or
employees to allow a person under the age of 18 years to deliver, sell, serve or
vend any intoxicating liquor to a person in the City.
(b) It is unlawful for a person under the age of 18 years to deliver, sell, serve or
vend any intoxicating liquor to a person in the City.
State law reference-Similar provisions, M.S. 340-A.412, subd. 10.
Sec. 5-65. Sales-To be in public view.
All sales of intoxicating liquor in the City allowed under this article must be made
in full view of the public.
Sec. 5-66. Same-Shall not be made where prohibited.
No person may sell intoxicating liquor in the City in a place or in a part of a
building where the sales are prohibited by state law or this article.
Sec. 5-67. Drinking intoxicating liquor in a public place.
21 8-28-89
i
(aj No person may drink intoxicating liquor in a place open to the public within the
City, nor may the proprietor or manager of a public place, if it is a building
structure, permit such drinking on the premises.
(b) Thia section does not prohibit persons from drinking intoxicating liquor in a
building licensed under this article for "on-sale" Bales. However, persona are
permitted to drink only in the portion of that building constituting the licensed
premises, and only within the hours when sales of intoxicating liquors are
permitted and for a period of one-half hour thereafter.
Cross reference-Streets, sidewalks and public grounds, Ch. 29.
Sec. 5-68. License under article required.
(a) It is unlawful for a person to sell intoxicating liquor for consumption at any
' time or place within the corporate limits of the city without first having
obtained a license as provided in this article.
(b) It is unlawful for a person, directly or indirectly, upon any pretense or by any
device, to keep for sale or to possess for the purpose of sale, intoxicating
liquor, without first having obtained from the city under this article a license
to sell intoxicating liquor.
Sec. 5-69. Tax stamps or labels on containers of intoxicating liquor.
(a) It is unlawful for a person to possess intoxicating liquor without proper tax
stamps or labels on the container thereof, as required by state law.
(b) Nothing in this section prohibits the possession of fruit juices fermented in the
home for family use.
(c) Fermented malt beverages containing more than 3.2 percent of alcohol by weight 4
percent by volume, having the required amount of tax stamps as required by state
law on the container thereof, or case in which the same is contained, are not
subject to the provisions of this section.
(d) This section does not apply to intoxicating liquor poured from containers or
bottles having thereon the required tax stamps and labels, into a cup, glass or
temporary shaker. Possession of liquor in one's own home only of a bottle or
container not having State tax stamps thereon is not a violation of this section,
if the liquor in said bottle or container was poured from a bottle or container
having .thereon the required state tax stamps and labels; provided that, said
bottle or container into which such liquor is poured is not larger than one quart
in size. No person may possess more than 2 such unstamped bottles.
Sec. 5-70. Retail sale for beverage purposes of ethyl alcohol, neutral spirits, etc.
No person may sell at retail in the city for beverage purposes ethyl alcohol or
neutral spirits, or substitutes thereof, possessing the taste, aroma, and characteristics
generally attributed to ethyl alcohol or neutral spirits. Nothing in this section
prohibits the manufacture or sale of other products obtained by the use of ethyl alcohol
22 8-28-88
or neutral spirits as definedin U.S. Treasury Department, Bureau of Internal Revenue,
Regulations 125, Article II, Standards of identity for Distilled Spirits.
State law reference-Similar provisions, M.S. 340A.506.
Sec. 5-71. Hours of Sale.
(a) No sale of intoxicating liquor for consumption on the. licensed premises may be
made:
(1) Between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday;
(2) After 1:00 a.m. on Sundays, except as provided by Section 340A.504, subd. 3,
Minnesota Statutes;
(3) Between 8:00 p.m. on December 24 and 6:00 a.m. on December 25, except as
provided by Section 340A.504, aubd 3, Minnesota Statutes.
(b) No sale of intoxicating liquor may be made by an off-sale licensee:
(1) On Sundays;
(2) Before 8:00 a.m. on Monday through Saturday;
(3) After 8:00 p.m. on Monday through Thursday and 10:00 p.m. on Friday and
Saturday;
(4) On Thanksgiving Day;
(5) On Christmas Day, December 25; or
(6) After 8:00 p.m. on Christmas Eve, December 24.
State law reference-Hours and days of sale, M.S. 340A.504, subds. 2, 4.
Sec. 5-72. Persons eligible to be issued licenses.
Licenses under this article may be issued only to persons who are citizens of the
United States or resident aliens and who are of good moral character and repute, who have
attained the age of 21 years and who are proprietors of the establishments for which the
licenses are issued.
State law reference-Similar provisions,. M.S. 340A.402 (1), (2), (4).
Sec. 5-72A. Persona not eligible to be issued licenses.
No license may be issued to:
(1) No license may be issued to a person who has had an intoxicating liquor or non-
intoxicating liquor license revoked within five years of the license application.
23 8-28-89
_ _
(2) In addition, no new license may be issued to, and the City Council may refuse to
renew the license of, a person who, within five years of the license application,
has been convicted of a willful violation of a federal or state law or a local
ordinance governing the manufacture, sale, distribution, or possession for sale or
distribution of an alcoholic beverage.
State law reference - Similar provisions, M.S. 340A.402.
Sec. 5-73. Investigations of "on-sale" license applicants for issuance, transfer or
renewal of licensee.
(a) The city shall, upon initial application under this article for an "on-sale"
license or upon application for a transfer of an existing license, conduct a
preliminary background and financial investigation of the applicant. The
application must be in the form prescribed by the state bureau of criminal
apprehension and with any additional information as the City Council requires. If
the City Council of the bureau on its own initiative determines that a
comprehensive background and investigation of the applicant is necessary, it may
conduct the investigation itself. or contract with the bureau for the
investigation. In addition, an investigation may be required prior to renewal
of an existing "on-sale" license when the City Council deems it in the public
interest.
(b) No "on-sale" license may be issued, transferred, or renewed under this article if
the results of the investigation show, to the satisfaction of the City Council,
that issuance, transfer or renewal would not be in the public interest.,
(c) An investigation fee shall be charged an applicant by the city in such amount as
may be imposed, set, established and fixed by the City Council, by resolution,
from time to time.
: State law reference-Similar provisions, M.S. 340A.412, subd. 2.
Sec. 5-74. Licenses prohibited in certain areas.
(a) No license may be issued under this article for premises located within areas
restricted against commercial use through zoning ordinances and other proceedings
or legal processes regularly had for that purpose, except that licenses may be
issued to restaurants in areas which were restricted against commercial uses after
the establishment of the restaurant.
(b) No license may be issued contrary to the provisions of any ordinance or any
special law restricting areas within which intoxicating liquor may be sold.
2
(c) No license may be issued under this article for premises or places in which the
sale or use of intoxicating liquor is prohibited by Chapter 340A, Minnesota
Statutes.
State law reference-Similar provisions, M.S. 340A.412, subd. 4.
Sec. 5-75. Licenses in connection with premises of another.
24 8-28-89
An intoxicating liquor license may not be issued under this article to a person in
^onnection with the premises of another to whom a license could not be issued under the
~rovisiona of Chapter 340A, Minnesota Statutea. This provision does not prevent the
granting of a license to a proper lessee because the person has leased the premises of a
minor, a non-citizen who is not a resident alien, or a person who has been convicted of a
crime other than a violation of Chapter 340A, Minnesota Statutes.
i
State law reference - Similar provisions to subsection (a), M<.S. 340A.412, subd. 5.
Sec. 5-76. No more than one license for any one person or premises; unlawful to
possess interest in more than one license. ;
(a) No more than one intoxicating liquor license may be directly or indirectly issued
under this article to any one person or for any one place in the city.
(b) It is unlawful for a person, partnership or corporation to knowingly have or
possess a direct or indirect interest in more than one license in the city and
upon conviction therefor the City Council may immediately revoke all licenses in
which the person, partnership or corporation has an interest. The term
"interest," as used in this section, shall be as defined in Section 340A.412,
subdivision 3, Minnesota Statutea.
State law reference-Similar provisions, M.S. 340A.301, subd. 7; 340A.412, subd. 3.
Sec. 5-77. Posting of licenses.
A license issued under this article must be posted in a conspicuous place in the
,remises for which it is issued.
Statelaw reference-Similar provisions, M.S. 340A.410, subd. 4.
Sec. 5-78. Licenses in drug stores.
No license may be issued under this article to a person operating a drug store unless
the person has operated it for at least two years or has purchased a drug store that has
been in continuous operation for two or more years.
State law reference-Similar provisions, M.S. 340A.412, subd. 7.
Sec. 5-79. Federal permits as a condition to license.
No license granted under this article shall be effective until a permit is issued to
the licensee under the laws of .the United States, if such a permit is required under the
laws of the United States.
Sec. 5-80. Responsibilities of licenses as to licensed and adjacent premises;
gambling, prostitution, etc.; age requirements for employees; exceptions.
(a) A licensee under this article is responsible for the conduct of the licensee's
place of business and for conditions of sobriety and order therein.
25 8-28-89
(b) No licensee under this article may keep, possess or operate, or permit the
keeping, possession or operation of, on the licensed premises, or in any room
adjoining the licensed premises, a slot machine, dice or any gambling device or
apparatus, 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
its control to be used ae a resort for prostitutes or other disorderly persona;
except that, gambling devices may be kept or operated and raffles conducted on
licensed premises and adjoining rooms when such activities are licensed by the
local unit of government pursuant to Chapter 349, Minnesota Statutes.
(c) No person under 18 years of age may be employed in any rooms constituting the
place in which intoxicating liquors are sold at retail "on-sale;" except that,
persons under 18 years may be employed ae musicians or to perform the duties of a
busperson or dish washing services in places defined as a restaurant or hotel or
' motel serving food in rooms in which intoxicating liquors are sold at retail "on-
sale."
State law reference-Similar provisions, M.S. 340A.412, aubd. 10.
Sec. 5-81. Operation of coin-operated amusement devices by minors in barrooms.
Coin-operated amusement devices may not be used by a person under the statutory age of
majority in an intoxicating liquor dispensing barroom in the city licensed under this
article.
Sec. 5-82. Racial discrimination by clubs.
Notwithstanding any provisions of law to the contrary, no license for the "on-sale" or
"off-sale" of intoxicating liquor may be issued or renewed by the city under this article
to a club which discriminates against members or applicants for membership or guests of
members on the basis of race.
State law reference-Similar provisions, M.S. 340A.410, aubd. 6.
Sec. 5-83. Transfers of licenses; transfers of corporate stock; change of corporate
officers.
(a) No license granted under this article may be transferred from person to person or j
from place to place without the consent of the Council, which consent shall be by
resolution passed by the Council. ~
(b) Where a license ie held by a corporation, a change in ownership of 10 percent or
more of the stock of the corporation must be reported in writing to the City
council within ten days of the transfer.
(c) The transfer of stock in a corporate license shall be deemed a transfer within the
meaning of this section, and no such transfer of stock may be made without the
consent of the Council. It is the duty of the officers of a corporation holding a
license issued under the authority of this article to notify the Council of any
proposed sale or transfer of any stock in such corporation, and no such sale or
transfer shall be effective without the consent of the council given in the manner
set forth above. The transfer of any stock without the knowledge and consent of
26 8-28-89
_i
the Council shall be deemed sufficient cause for revocation by the Council of a j
license granted to ouch corporation under the authority of this article.
(d) Such corporate officers mentioned in Subsection (c) of this section must notify ~
the Council whenever any change is made in the officers of the corporation.
Failure to so notify the Council is likewise sufficient cause for revocation of a
liquor license granted to such corporation. (Code 1965, S.S. 703.180).
State law reference-Intoxicating liquor license may be transferred with consent of i
issuing authority. M.S. 340A.412, eubd. 9.
Sec. 5-84. Suspension or revocation of licenses issued under article. ..I
The authority issuing or approving a license or permit pursuant to Chapter 340A,
Minnesota Statutes and this article may suspend for up to 60 days or revoke the license or
permit or impose a fine of up to $2,000 for each violation, on a finding that the licensee
or ermit holder has violated an applicable statvte,,regulation or ordinance relating to
P
intoxicating liquor. No suspension or revocation shall take effect until the licensee or
permit holder has been afforded an opportunity for a hearing pursuant to Sections 14.57 to
14.69 of the Administrative Procedure Act.
State law reference-Similar provisions, M.S. 340A.304.
Sec. 5-85. Temporary liquor licensee-Non-profit organizations.
Notwithstanding any other provision of this chapter, a club or charitable, religious,
~or other non-profit organization in existence for at least"three years may obtain an on-
Bale license to sell intoxicating liquor for consumption on the licensed premise only and
in connection with a social event within the City sponsored by the licensee. The license
may authorize on-sales on the premises other than premises the licensee owns or
permanently occupies. The license may provide that the licensee may contract for
intoxicating liquor catering services with the holder of a full year on-sale intoxicating
liquor license issued by the City. The fee for such license is $135 per day, and shall be
issued for not more than three consecutive days. No organization may be granted more than
two such licenses per calendar year.
Cross reference-Authorized activities of certain non-profit organizations, S.S. 15-26,
et seq.
State law reference-Similar provisions, M.S. 340A.404, eubd. 10.
Sec. 5-86. Same-Application.
Application for such temporary licenses shall be on forms provided by the City Clerk
- and shall contain such information as specified by the City Clerk including the following:
(1) The name, address and purpose of the organization, together with the names and
addresses of its officers.
27 8-28-89
(2) The purpose for which the temporary license is sought, together with the place,
dates, and hours during which intoxicating liquor will be sold.
(3) Consent of the owner or .manager of the premises, or person or group with lawful
responsibility for the premises.
Sec. 5-87 to 5-95. Reserved.
DIVISION 2. "ON-SALE" AND "OFF-SALE" LICENSES*
Sec. 5-96. Established.
There are hereby established the following City intoxicating liquor licensee:
(1) "On-sale."
(2) "Off-sale."
(3) "Limited Off-sale."
Sec. 5-97. Amount of license fees.
The amount of the license fee for each type of license issued under this division
shall be such amount as may be imposed, set, established and fixed by the City Council, by,"
esolution, from time to time.
Sec. 5-98. Sunday sales licenses for "on-sale" licensees.
The holder of an "on-sale" liquor license under this article may apply to the Council
for a Sunday sales license. The City Council may after one public hearing grant an "on-
sale" licensee a Sunday sales license permitting the licensee to sell intoxicating liquor
between the hours of 10:00 on Sundays and 1:00 a.m. on Mondays in conjunction with the
sale of food, provided that the licensee is in conformance with the Minnesota clean air
act. An application for a Sunday sales license must be made at the same time and on the
same application as the "on-sale" licensee uses to apply for an "on-sale" license or
renewal thereof. If the first application for a Sunday sales license is made before the
time for renewing the "on-sale" license, the Clerk may provide for a special supplementary
application for the Sunday sales license. No Sunday sales license may be issued to an
"on-sale" license unless the licensee operates a restaurant serving meals regularly to the
public and having facilities for serving at least 30 diners at the same time. Under a
Sunday sales license, liquor may be served on Sundays only to people seated at restaurant
or dining room tables.
State law reference-Authority for above section, M.S. 340A.504, subd. 3.
Sec. 5-99. Special club licenses-Generally.
An "on-sale" liquor license may be issued by the Council to a bona fide club which has
:en in existence for 20 years and which is incorporated under the laws of the at ate. In
28 8-28-89
_ _ _ l
the case of congressionally chartered veterans' organizations, such clubs shall have been
in existence for 10 years prior to January 1, 1961. '
Sec. 5-100. Same-Sales limited to members only.
Any special club license issued under Section 5-99 of this division shall be a license '
for the sale of intoxicating liquors to club members only. ~~I
Sec. 5-101. Same-Unlawful discrimination by licensee. -
(a) It ie unlawful for a licensee under Section 5-99 of this division to discriminate ~I
against its members or applicants for membership or guests of its members on the
basis of race.
(b) it is unlawful for a licensee under Section 5-99 to use a membership application
form containing any questions about race, or to make any record of inquiry about
race in connection with an application for membership.
State law reference M.S. 340A-410, subd. 6.
Sec. 5-102. Same-License fee and application.
The license fee for a special club license issued under Section 5-99 of this-division
--shall be in such amount as may be imposed, set, established and fixed by the City Council,
- y resolution, from time to time, and the applicant shall make application therefor on a
form to be furnished by the Clerk. This application shall be in substantially the same
form as an application of a public ^on-sale" liquor license.
Sec. 5-103. Same-Licensee subject to all Code provisions applicable to intoxicating
liquor licenses.
The holder of a license issued under Section 5-99 of this division is subject to all
of the provisions of this Code pertaining to the issuance of intoxicating liquor licenses.
Sec. 5-104. Same-Bonds.
No special club license may be granted under Section 5-99 of this division until a
bond in the amount of $3,000 has been furnished, approved and filed by and with the proper
city officers. The surety on such bond shall be by a surety company licensed to do
business in the state, and the City Attorney must approve the form and execution of the
bond. All bonds when approved by the proper city officials must be deposited with the
City Clerk. Such bonds shall be conditioned in the same manner as the bonds provided for
in Section 5-109 of this division relating to the sale of intoxicating liquor.
Sec. 5-105. Application-Generally; payment of license fee, etc.
(a) A person desiring a license to sell intoxicating liquor in the City shall make a
verified written application to the City Council and must file it with the City
Clerk. The application form must require that the fallowing information given on
the application, along with such further information the state commissioner of
public safety, the Council or the Clerk may require:
29 8-28-89
(1) The applicant's name and place of residence.
(2) The location of the premises on which the applicant proposes to sell
intoxicating liquor and an exact description of the particular place within
the building structure where such sales are proposed.
(3) Whether the applicant has ever been engaged in a similar business, and, if so,
the location thereof and the.datea when so engaged. The application must be
signed and verified by the applicant in person, and, if the applicant is a
corporation, by an .officer of the corporation.
(4) If the applicant is a corporation or club, it must attach a copy of its
bylaws. No license will be issued to the applicant if the bylaws express
directly or indirectly any limitation or discrimination on the bases of race.
(b) Upon receipt of the application and the proper amount of the license fee, the
Clerk must give the applicant a receipt containing a statement of the purpose for
- which the deposit was paid.
Sec. 5-106. Same-Investigation of applicant; inspection of premises; Council hearing;
grant or denial of license; etc.
(a) The City Clerk must immediately transmit an application for a license under this
division to the Director of Public Safety for investigation, including inspection
of the premises by the Fire Marshal and a search to determine whether or not the
applicant has a police record.
(b) Upon completion of the investigation under Subsection (a) of this section, the
Director of Public Safety shall report the findings to the City Council at a
i
- public hearing on the application held accordingto law.
(c) The City Council must either grant or deny the application for a license underI
this division after the public hearing held under Subsection (b) of this section.
I
- State law reference-Investigation of-"on-sale" license applicants, M.S. 340-A-412,
aubd. 2.
i
Sec. 5-107. Same-Granting;."on-sale" non-intoxicating malt beverage license to be
surrendered before issuance of "off-sale" intoxicating liquor license; State and City
Council approval of bonds and licenses; etc.
(a) Where the application under this division is for an "off-sale", liquor license and
the applicant holds an "on-sale" non-intoxicating malt liquor license issued by
the Council, the Council may not grant an "off-sale" liquor license until the
applicant surrenders the "on-sale" non-intoxicating malt liquor license.
(b) If an "off-sale" license is granted under this division, the resolution granting
it must direct the Clerk to issue the license whenever the bond required by this
division has been approved by the Council and the State Commissioner of Public
30 8-28-89
Safety, and the Commissioner advises the Clerk that he or she approves of issuing
the particular applicant a license.
(e) If an "on-sale" license is granted under this division, the resolution of the City
Council moat direct the Clerk to issue the license whenever the bond required by
this division has been approved by the Council.
State law references-"Off-sale" intoxicating liquor license prohibited for place where
non-intoxicating malt beverages sold for consumption on premises, M.S. 340A.412, subd. 6.
Sec. 5-108. Same-Denial of license; deposit for license fees to be refunded;
investigation fees and charges non-refundable.
Should the application for a license under this division be denied, the resolution
denying the license must authorize and direct the proper city officials to refund to the
applicant the deposit for license fees made when the application was filed. Any amount
paid by the applicant for the conducting of an investigation of the applicant shall be
retained by the City.
Sec. 5-109. Bonds required from licensees.
(a) No "on-sale" license under this division shall be granted until a bond in the
amount of three thousand dollars ($3,000.00) has been furnished, approved by the
City Council and filed with the proper City officers. Such bond shall cover both
the regular "on-sale" license and any Sunday sales license issued to the same
licensee.
(b) No '•off-sale" license under this division shall be granted until a bond in the sum
of one thousand dollars ($1,000.00) shall be furnished and approved by the State
Commissioner of Public Safety and the City Council, and filed with the proper City
officers.
(c) The surety on a bond required by Subsection (a) and (b) of this section shall be a
surety company duly licensed to do business in the State, and the bond shall be
approved as to form and execution by the City Attorney.
(d) All bonds required by Subsection (a) and (b) of this section, when approved by the
proper City or State officers, shall be deposited with the City Clerk.
(e) All bonds required by Subsection (a) or (b) of this section, whether for an "off-
sale" or "on-sale" license, shall be conditioned as follows:
(1) That the licensee will obey the law relating to such licensed business.
(2) That licensee will pay to the City, when due, all taxes, license fees,
penalties and other charges provided by law.
(3) That in the event of any violation of the provisions of any law relating to
the business for which the license has been granted for sale of intoxicating
liquor, such bond shall be forfeited to the City.
31 8-28-89
(4) That the licensee will pay, tothe extent of the principal amount of such
bond, any damages for death or injury caused by or resulting from the
violation of any provisions of law relating to the business for which such
licensee has been granted a license, and further conditioned that such
recoverymay be had also against the surety on his bond. The amount specified
in any bond required is declared to be a penalty and the amount .recoverable
shall be measured by the actual damages, provided, however, that the surety
thereon shall not be liable for any amount in excess of the penal amount of
the bond.
(5) All such bonds shall be for the benefit of.the obligee and all persons
suffering damages by reason of the breach of the conditions thereof. Such
bonds shall run to the City as. obligee, and in the event of a forfeiture of
any such bond for violation of the law, the District Court of Ramsey County
' may forfeit the penal sum of the said bond, or any part thereof, to the City.
(Code 1965, S.S. 703.080; Ord. No. 229, S.S. 3, 9-26-67).
State law reference-Amounts and conditions of bonds furnished by "off-sale" and "on-
sale" intoxicating liquor licensees. M.S. 340A.412.
Sec. 5-110. Certain premises ineligible for license.
(a) No "on-sale" license may be issued for the first time under this division for
premises located within 1,000 feet of a church or school building in the City.
(b) No "off-sale" license may be issued for the first time under this division for I
premises located within 100 feet of a church or school building in the City.
(e) No "off-sale" license may be issued under this division for a place where non- I
intoxicating malt beverages are sold for consumption on the premises.'
State law references-Authority for subsections (a) and (b). M.S. 340A.412, aubd. 4.
Sec. 5-111. Duration
All licenses granted under this division expire on December 31 of each year.
Sec. 5-112. Extent of licensed premises.
No "on-sale" or "off-sale" license issued under this division is effective beyond the
compact and contiguous space named there for which the license was granted. Licensed
premises are the premises described in the approved license application.
State law reference-Similar provisions, M.S. 340A.101, aubd. 15.
Seca. 5-113 to 5-125. Reserved.
DIVISION 3. "ON-SALE WINE LICENSES"*
Sec. 5-126. Definitions.
32 8-28-89
For the purposes of this division, the following words and phrases have the meanings
respectively ascribed to them:
"On-sale wine licenses": Licenses authorizing the sale of wine not exceeding 14
percent alcohol by volume, for consumption on the licensed premises only, and in
conjunction with the sale of food.
Restaurant: An establishment other than a hotel, under the control of a single
proprietor or manager, where meals are regularly served at tables to the general public,
and which has seating capacity far not leas than 30 guests.
Seating: The usual and regularly available seating accommodations for guests of the
establishment to sit at tables for the purpose of eating meals.
Cross reference-Rules of construction and definitions generally, S.S. 1-41, et seq.
State law reference-similar definitions of the terms "on-sale wine licensee" and
"restaurant," M.S. 340A.101, subd. 25, 340A.404, subd. 5.
Sec. 5-127. Required; exceptions.
No person, except wholesalers or manufacturers to the extent authorized under state
license, the municipal liquor dispensary and those having an "on-sale" intoxicating liquor
license issued under Division 2 of this article, shall directly or indirectly deal in,
sell or keep for sale any wine without first having a license to do so as provided for in
this division.
Sec. 5-128. Issued only to restaurants.
"On-sale wine licenses" shall be issued only to restaurants meeting the requirements
of this division. (Ord. No. 451, S.S. 707.020,-9-7-78).
State law reference-City may issue "on-sale wine license" only to restaurant having
facilities for seating at least 25 guests at one time, M.S. 340A.404, subd. 5.
*Crose reference-Licenses generally, Ch. 17.
State law reference "On-sale wine licenses," M.S. 340A-404, Subd. 5.
Sec. 5-129. Number unlimited.
An unlimited number of "on-sale wine licenses" which may be issued under this
division.
State law reference-Authority of City to issue "on-sale wine license" to any
restaurant having facilities for seating at least 25 guests at one time, MS. 340A.404,
subd. 5.
33 8-28-89
Sec. 5-130. Applications; payment of annual license fee;refund of license fee upon
rejection or withdrawal of application; no additional license fee upon
incorporation of licensee.
(a) The annual license fee must be paid in full before an application for a license
under this division is accepted.
(b) Upon rejection of any application for a license under this division, or upon
withdrawal of an applicationbefore approval of the issuance by the City council,
the license-fee must be refunded to the applicant.
(c) Where a new application is filed as a result of the incorporation of an existing
licensee, and the ownership, control and interest in the license under this
division are unchanged, no addition license fee will be required.
Sec. 5-131. Approval by State Commissioner of Public Safety.
Licenses issued pursuant to this division shall not be effective until approved by the
State Commission of Publie Safety.
State law reference-Similar provisions, M.S. 340A.404, aubd. 5.
Sec. 5-132. Annual license fees.
(a) The annual license fee for an "on-sale wine license" issued under this division
shall be based upon the seating capacity of the establishment to be
licensed. Those license fees shall be in such amounts as may be imposed,
set, established and fixed by the City Council, by resolution, from time
to time. -
(b) All license fees under this division shall be paid into the general fund of the
City.
Sec. 5-133. Hours of sale of wine.
Holders of an "on-sale wine license" issued under this division must at all times
observe the following restrictions upon the hours of the sale of wine. No wine may be
- sold after 1:00 A.M. on Sunday until 8:00 A.M. on Monday, or between the hours of 1:00
A.M. and 8:00 P.M. on the day of any statewide or city election. No wine may be sold
between the hours of 1:00 A.M. and 8:00 A.M. on any weekday, Monday through Sunday. (ord. ~
No. 451, S.S. 707.030, 9-7-78).
Sec. 5-134. Duration.,
All licensee issued under this division expire on December 31 of each year. (Ord. No.
451, S.S. 707.070, 9-7-78). ~
Sec. 5-135., Temporary wine licenses-Non-profit organizations.
Notwithstanding any other provision of this chapter, a bona fide non-profit
^haritable, religious or veterans' organization may obtain an on-sale license to sell wind
.:ot exceeding 14 percent alcohol by volume for consumption on the licensed premises only.
The fee for such license is $135 per day, and licenses shall be issued for periods not to
34 8-28-89
. i
exceed three consecutive days. No organization may be granted more than two such licenses
per calendar year. (ord. No. 608, S.S. 2, 8-24-87).
Cross reference-Authorized activities of certain non-profit organizations, S.S. 15-26,
et seq.
Sec. 5-136. Same-Application.
Application for such temporary licenses shall be on forms provided by the City Clerk
and shall contain such information as specified by the City Clerk; including the
following:
(1) The name, address and purpose of the organization, together with the names and
addresses of its officers.
(2) The purpose for which the temporary license is sought, together with the place,
dates and hours during which wine will be sold.
(3) Consent of the owner or manager of the premises, or person or group with lawful
responsibility for the premises.
Sec. 5-137. Same-Application of other provisions to Sections 5-135 through 5-137.
The following provisions of the Maplewood Code shall not apply to temporary wine
licensee granted under-Sections 5-135 through 5-137: Sections 5-128, 5-130, 5-131, 5-132
` and 5-134.
Secs. 5-138 to 5-145. Reserved.
DIVISION 4. BOTTLE CLUBS*
Sec. 5-146. Definition.
For the purposes of this division, a bottle club is a "club," as defined in Minnesota
Statutes, Section 340A.101, subdivision 7, or an unincorporated society which, except for
its lack of incorporation, otherwise meets the requirements of a club, as defined in such
section and subdivision, and which is not licensed for the sale of intoxicating liquor,
either "on-sale" or "off-sale," or both.
Cross reference-Rules of construction and definitions generally, S.S. 1-41, et seq.
State law reference-Similarprovisions, M.S. 340A.414, subd. 2.
Sec. 5-147. Storage and labeling requirements for intoxicating liquors; age
requirement to store, consume, display, etc., intoxicating liquor, etc.
*State law reference-Bottle clubs M.S. 340A.414.
(a) A bottle club holding a permit issued under Minnesota Statutes, Section 340A.414,
subd. 2, may allow members to bring and keep a personal supply of intoxicating
liquors in lockers on the club's premises. A bottle club or any unincorporated
society which has more than 50 members and which has, for more than a year, owned,
35 8-28-89
hired, or leased apace in a building of such extent and character as may be
suitable and adequate for reasonable and comfortable accommodations for its
members, and which holds a permit issued under Minnesota Statutes, Section
340A.414, may allow members to bring and keep a personal supply of intoxicating '
liquors in lockers on the club's premises. Every bottle, .container, or other
receptacle containing intoxicating liquor stored by members must have attached to
it a label signed by the member of the club. All liquor on the premises of the
club must be labeled as herein required, and any not being actually used or
consumed by the owner thereof must be kept in a locker designated to the use of
such member.
(b) It is unlawful for a club member under 21 years of age to be assigned a locker for
the storage of intoxicating liquor, or to consume or display or be permitted to
consume or display intoxicating liquor on any premises owned or controlled by such
' private club holding a permit issued under Minnesota Statutes, Section 340A.414.
Sec. 5-148. Required at ate permit to be issued only after approval by City Council
and payment of local license fee to the City.
It ie unlawful in the City for a bottle club or for a business establishment, directly
or indirectly, or upon any pretense or by any device, to allow the consumption or display
of intoxicating liquor or the serving of any liquid for the purpose of mixing of
intoxicating liquor without having first obtained a permit therefor. Such permit may be
issued by the State Commission of Public Safety, after approval by the City Council and
the payment of the local license fee therefor imposed by the City Council, pursuant to
minnesota Statutes, 340A.414, subds. 5 and 6 for a period of one year to expire on July
first, next following issuance of such license, and must be renewed annually on July
first. Application for such permit must be made to the State Commissioner of Public
Safety.
State law reference-Similar provisions, M.S. 340A.414, subds. 5 and 6.
Sec. 5-149. Local annual license fee imposed.
Whenever a person, association or corporation, owning or operating a private club or
public place in the City applies for a permit from the State Commissioner of Public Safety
pursuant to Minnesota Statutes, Section 340A.414, eubd. 6. the applicant must obtain the
approval of the City Council and must pay the City a local license fee of $300, for any
one year, or any part thereof, expiring on the subsequent July first next following the
issuance of the license. The permit, Council approval and local license fee payment must
be renewed annually on July first. If such permit ie applied for by a non-profit
organization or by a governmental unit, the operation of which is determined by the
Council to be of civic benefit to the City, them the Council may approve the issuance of a
permit to the non-profit organization or governmental unit at an annual local license fee
of not less than $5 per year; provided that the permit is for less than five days per '
year.
State law reference-Authority conferred upon City Council to impose a local license
fee not exceeding $300 per year on bottle clubs holding state permits, M.S. 340A.414,
aubd. 6.
Sec. 5.150.. Hours of consumption or display of intoxicating liquor..
36 8-28-89
i
No establishment licensed under Minnesota Statutes, Section 340A.414, may permit a
person to consume or display intoxicating liquor, and no person may consume or display
intoxicating liquor between 1:00 A.M. and 12:00 noon on Sundays or between 1:00 A.M.-and ~I
8:00 A.M. on Monday through Saturday, or between 1:00 A.M. and 3:00 P.M. on Memorial Day,
or between 1:00 A.M. and 8:00 P.M. on any state of city primary, special or general
election day held in theCity.
State law references-Similar provisions, M.s. 340A.504, aubds. 5 and 6.
Sec. 5-151.. Premises open for inspection. ri
I
A bottle club or business holding a permit issued under Minnesota Statutes, Section
340.414 is open for inspection by the Commissioner of Public Safety and the Commissioner's
representative and by peace officers, who may enter and inspect during reasonable hours.
Refusal to permit the Commissioner, the Commissioner's representative or a peace officer ~
to enter and inspect the premises is a violation.
State law reference-Similar provisions, M.S. 340A.414, subd. 7; 340A.907.
Sec. 5-152. Approval of City Council for permit not to be given if holder of federal
retail liquor dealer's special tax stamp is on board of directors, etc.,
of bottle club, or owns business establishment, etc.
No approval by the City Council of a permit required by Minnesota Statutes, Section
340A.414 may be given to any bottle club when a member of the board, management, executive
committee, or other similar body chosen by its members or when the business establishment
or the owner thereof holds a federal retail liquor dealer's special tax stamp for the sale
of intoxicating liquors.
State law reference-Similar provisions, M.$. 340A.414.
Sec. 5-153. Division not applicable to licensees under Division 2 of this article.
This division has no application to a person or a premises licensed for the sale of
intoxicating liquor under the state intoxicating liquor act and Division 2 of this
article, but any such person or premises, being a business establishment, is eligible for
a permit authorized by Minnesota Statutes, Section 340A.414.
State law references-Similar provisions, M.s. 340A.414.
Sec. 5-154. Violations of division.
A violation of this division is a misdemeanor, and any violation of Section 5-147 of
this division is grounds for the revocation of such permit by the State Commissioner of
Public Safety.
State law reference-Similar provisions, M.S. 340A.701.
Sec. 5-155. Seizure and disposal of intoxicating liquor sold, served, etc., in
violation of division.
37 8-28-89
Intoxicating liquors sold, served or displayed in the presence of anyone authorized to
inspect the premises, as provided in this division, in violation of this division are
subject to seizure for purposes of evidence and, contingent on determination by a court,
shall be diapoaedof as provided in Section 340A.904, Minnesota Statutes.
State law reference-similar provisions, M.S. 340A.904, aubd. L
Seconded by Councilmember Bastian. Ayes - all. -
I. NEW BUSINESS
1. Decision Resources, Inc.
a. Director of parks and Recreation Odegard presented the staff report.
b. Council will submit revised questionnaire tothe City Manager..
2. Environmental Protection Ordinance (1st Reading)
a. Manager McGuire presented the staff report.
b. .Director of Community Development Olson explained the proposed
ordinance in detail.
c. Mayor Greavu moved first readinc of an ordinance providinc for the
control and preservation of shade trees.
Seconded by Councilmember Anderson. Ayes - all.
3. Development Moratorium
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the details of the
report.
c. Councilmember Anderson moved to place a six (61 month moratorium on
future developments.
Seconded by Councilmember Juker. ~I
I
Councilmember Anderson withdrew his motion.
d. Carol Guzman, 1676 E. Covnty Road C, questioned if this is single-,
family or commercial? She also stated trees on commercial developments
should be saved., '
e. Councilmember Anderson moved to table this item for two (21 weeks.
Seconded by Councilmember Bastian. Ayes - all.
4. Footprint Lake Storm Sewer Project 87-32: Reschedule Public Hearing
38 8-28-89
-
a. Manager McGuire presented the staff report.
b. Mayor Greavu introduced the following resolution and moved its
adoptions
89 - 8 - 136
WHEREAS, the City Engineer for the City of Maplewood has been
authorized and directed to prepare a report with reference to the
improvement of area roughly bounded by English Street, 6ervais Avenue,
White Bear Avenue, and Ryan Avenue, City Project 87-32, by construction of
storm sewer, and
WHEREAS, the said City Engineer has prepared the aforesaid report for
' the improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. The report of the City Engineer advising this Council that
the proposed improvement of area roughly bounded by
English Street, Gervais Avenue, White Bear Avenue, and
Ryan Avenue, City Project 87-32, by construction of storm
sewer is feasible and should beat be made as proposed, is
hereby received.
2. The Council will consider the aforesaid improvement in
accordance with the reports and the assessment of
benefited property for all or a portion of the cost of the
improvement according to MSA Chapter 429, at an estimated
total cost of the improvement of $1,444,200.
3. A public hearing will be held at John Glenn Middle School,
1560 East County Road B on Thursday, the 30th day of
November, 1989, at 7:00 P.M. to consider said improvement.
The City Clerk shall give mailed and published notice of
said hearing and improvement as required by law.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
Nay - Councilmember Bastian.
5. County Road C, T.H. 61 - Hazelwood, Project 89-04: Schedule Hearing
a. Manager McGuire presented the staff report.
b. Councilmember Anderson introduced the followinc resolution and moved
its adoptions
89 - 8 - 137
39 8-28-89
WHEREAS, the City Engineer for theCity of Maplewood hasbeen
authorized and directed to prepare a report with reference to the
improvement of County Road C - Highway 61 to Hazelwood, City Project 89-
04, by construction of street with concrete curb and gutter, new bridge,
storm sewer, sidewalk and appurtenances, and
WHEREAS, the said City Engineer has prepared the aforesaid report for
the improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. The report of the City Engineer advising this Council that
the proposed improvement on County Road C - Highway 61 to
Hazelwood by construction of street with concrete curb and
gutter, new bridge, storm sewer, sidewalk and
appurtenances is feasible and should best be made as
.proposed, is hereby received.
2. The Council will consider the aforesaid improvement in
accordance with the reports and the assessment of
benefited property for all or a portion of the coat of the
improvement according to MSA Chapter 429, at an estimated
total cost of the improvement of $1,123,000.
3. A public hearing will be held in the Council Chambers of
the City Hall at 1830 East County Road B on Monday, the
25th day of September, 1989, at 7:15 P.M. to consider said
improvement. The City Clerk shall give mailed and
published notice of said hearing and improvement as
required by law.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian.
6. Larpenteur Avenue, Interstate 35-E to Edgerton, Project 86-27: Schedule Public
Hearing.
a. Manager McGuire presented the staff report.
b. Mayor Greavu introduced the followinc resolution and moved its
adootion•
89-8-138
WHEREAS, the City Engineer for the City of Maplewood has been
authorized and directed to prepare a report with reference to the
improvement of Larpenteur Avenue, Interstate 35-E to Edgerton, City
40 8-28-89
_i
Project 86-27, by construction of 52' wide street, concrete curb and
gutter, sidewalk, storm sewer, bridge, utilities and appurtenances, and
WHEREAS, the said City Engineer has prepared the aforesaid report for
the improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
i
1. The report of the City Engineer advising this council that
the proposed improvement on Larpenteur Avenue, Interstate
35-E to Edgerton, City Project 86-27, by construction of
52' wide street, concrete curb and gutter, sidewalk, storm
sewer, bridge, utilities, and appurtenances is feasible
and should best be made as proposed, is hereby received.
2. The Council will consider the aforesaid improvement in
accordance with the reports and the aeaessment of
benefited property for all or a portion of the coat of the
improvement according to MSA Chapter 429, at an estimated
total coat of the improvement of $1,115,000.
3. A public hearing will be held in the Council Chambers of
the City Hall at 1830 East County Road B on Mondap~, the
- 25th day of September, 1989, at 7:00 P.M. to consider said
improvement. The City Clerk shall give mailed and
published notice of said hearing and improvement as
required by law.
Seconded by Councilmember Anderson. Ayes - all. .
7. Walter Street, Project 84-14, Change Order No. 1
a. Manager McGuire presented the staff report.
b. Councilmember Bastian introduced the followinc resolution and moved
its adootion•
89 - 8 - 139
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered made Improvement Project 84-14 and has let a construction contract
pursuant to Minnesota Statutes, Chapter 429, and'
WHEREAS, it is now necessary and expedient that said contract in the
amount of $43,768.75 be modified and designated as Improvement Project 84-
14, Change Order One.
41 8-28-89
,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the Mayor and City Clerk are hereby authorized. and
directed to modify the existing contract by executing said Change order
One in the amount of $1,250.
Seconded by Councilmember Anderson. Ayes - all.
8. Sexual Harassment Policy
a. Manager McGuire presented the staff report.
I b. Councilmember Bastian moved to approve the following Sexual Harassment
Policv•
DISCRIMINATION/SEXUAL HARASSMENT POLICY
POLICY
The City of Maplewood is committed to providing a work environment that is
free of discrimination. Any type of discriminatory action or harassment
because of race, age, religion, sex, or national origin is a violation of
City policy and is prohibited. This policy applies to all City officials
and employees while performing their duties as employees within or outside
the workplace.
Guidelines issued by the Equal Employment Opportunity Commission under
Title VII of the Civil Rights Act of 1964 reaffirm that sexual harassment
- is an unlawful employment practice. In keeping with the City's policy of
compliance with all laws prohibiting all forms of discrimination, sexual
harassment in any form will not be tolerated..
- DEFINITION - SEXUAL HARASSMENT GUIDELINES
The EEOC Guidelines state that unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature
constitute harassment when:
1. Submission to such conduct is made either explicitly or implicitly
as a term or condition of an individual's employment, or
2. Submission to or rejection of such conduct by an individual is
used as the basis for employment decisions affecting such
individual, or
3. Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
- hostile, or offensive working environment.
Other behavior, whether subtle, overt, or otherwise, which constitutes
sexual harassment includes, but is not limited to:
1. Verbal harassment (epithets, derogatory remarks, or slurs);
42 8-28-89
2. Physical harassment (gestures, assault, impeding or blocking
movement, or any physical interference with normal work or
movement);
3. Visual forms of harassment (derogatory posters, letters poems,
graffiti, cartoons, or drawings); and
4. Requests for sexual favors or unwanted sexual advances.
PRACTICE
Conduct that might be interpreted as sexual harassment can be perceived
differently among employees.. Anytime an employee feels that he or she is
being subjected to sexual harassment in any form, or who believes he or
. she has witnessed sexual harassment in any form, must bring this to the
attention of the City. In order for the City to deal with the problem,
employees must report such offensive conduct or situation to their
Supervisor, Department Head, Staff Services Coordinator, or City Manager.
All supervisors and Department Heads are required to immediately report
any allegations to the staff Services Coordinator or the City Manager.
PROCEDURES
All complaints which are.made will be promptly investigated and resolved.
Every attempt will be made to maintain the employee's confidentiality and
provide protection against retaliation.
A record of the complaint and findings will become a part of the complaint
investigation record and the file will be maintained separately from the
employee's personnel file.
If the facts support the allegations, the perpetrator of the sexual
harassment will be subject to appropriate disciplinary action, up to and
including discharge. Any official or employee found to have made a false
complaint or found to have given knowingly false information during an
investigation of such a complaint may also be subject to disciplinary
action.
Seconded by Mayor Greavu. Ayes - all.
9. Group Insurance Coverage
10. Affirmative Action Plan
Councilmember Bastian moved to discuss Items 9 and l0 on Thursday. Aucust
31. 1989.
Seconded by Councilmember Juker. Ayes - all.
Mayor Greavu moved that the Meeting of Aucust 31, 1989, begin at 4:00 P.M.
Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembera
Anderson, Bastian and Rossbach
43 8-28-89
J Nay - Councilmember Juker.
J. VISITOR PRESENTATION
None.
R. COUNCIL PRESENTATIONS
1. Appointment - Ramsey Washington Watershed Board
a. Councilmember Anderson moved to appoint Mavor Greavu to the Ramsev
Washington Watershed District Board.
Secondedby Councilmember Bastian. Ayes - Councilmembers Anderson,
Bastian, Juker and Roasbach.
Mayor Greavu abstained.
2. H.R.A.
a. Councilmember Anderson questioned when the H.R.A. meets. I
b. Manager stated H.R.A. does not have regular meetings set for summer
months. Will resume one meeting a month and Council will be notified.
3. Stop Signs
a. Councilmember Anderson requested staff to contact Ramsey County
regarding a left-hand turn signal on County Road Dat White Bear Avenue.
I
b. Staff will contact Ramsey County.
4. Park and Recreation
a. Councilmember Anderson stated he had seen a petition from the Hillside
Park area residents regarding development of the park. He suggested
Director of Parks and Recreation odegard and the Park and Recreation Board
meet with the residents.
b. Director of Park and Recreation Odegard stated letters have been sent
to the area residents regarding proposals. No decision has been made as
yet.
M. ADJOURNMENT OF THE AUGUST 28, 1989 MEETING
10:30 P.M.
A. CALL TO ORDER
The Meeting No. 89-19 was reconvened at 4:06 P.M. by Mayor Greavu.
B. ROLL CALL
44 8-28-B9
I
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rosabach, Councilmember Present
I. NEW BUSINESS ICOntinuedl
9. Group Insurance Coverage
a. Manager McGuire presented the staff report.
b. Councilmember Rosabach moved to enter into one-year contracts for '
emplovee insurance with the followinc effective October 1 1989•
Group Health
P.H.P.
Employee Benefits Plan (Dental)
Schools insurance Fund (Long Term Disability)
Commercial Life (Life Insurance)
Seconded by Mayor Greavu. Ayes - all.
10. Affirmative Action Plan
a. Manager McGuire presented the staff report.
b. Councilmember Bastian introduced the followina resolution and moved
its adoDtion• '
89 - 8 - - 140
WHEREAS, the City Council of the City of Maplewood endorses the
principal of equal employment opportunity, and
WHEREAS, the City Council desires to reaffirm its long-standing
commitment to equal employment opportunity, and
WHEREAS, the City Council recognizes that mere good intent and the
lack of overt discriminatory practices does not assure equal opportunity
in employment, and
WHEREAS, the City Council desires to establish a~poaitive, result-
oriented equal employment opportunity program.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL declares that it
is the policy and intent of the City of Maplewood to provide equality of
opportunity in employment to all persona and to prohibit discrimination
because of race, color, creed, religion, national origin, sex, disability,
marital status, status with regard to public assistance, or age in all
aspects of the City's personnel policies, programs, and practices.
45 8-28-89
BE IT FURTHER. RESOLVED that the City Council adopts the Affirmative
Action Policy and Program, and directs the City Manager to implement this
program.
Passed by the City Covncil of the City of Maplewood. -
Seconded by Councilmember Anderson. Ayes - all.
3. Develop Moratorium
a. Manager McGuire stated on August 28, the City Council tabled action on
a moratorium until September 11 and gave first reading to the
environmental protection ordinance. Since a public hearing and legal
notification is required before adoption of the revised environmental
protection ordinance, the hearing cannot be scheduled until September 25.
Since the issue of lot sizes and densities is till "up in the air", a
moratorium on new preliminary plat applications should be established
until September 25. Any consideration of a longer moratorium should be
decided on September 25, depending on the outcome of the environmental
protection ordinance.
i
b. Councilmember Anderson moved to reconsider the motion to table
discussion on a moratorium until September 11 and adopt a moratorium on
new preliminarv plat applications until September 25, 1989.
Seconded by Councilmember Juker. Ayes - all.
J. VISITOR PRESENTATIONS
1. Ed Joesting, Sales Manager, Ed Cave and Sons, Inc.
a. Mr. Joesting, representing Sam Cave, requested if there is a
possibility of taking action to proceed with building the utilities on the
Cave's Century Fifth Addition. The plat has been revised and not yet
final.
b. Council stated they can take no action at this time and further stated i~
the City takes no responsibility for any action that is taken without
Council approval.
c. Staff stated there will be a public hearing on this matter.
i
L. ADMINISTRATIVE PRESENTATIONS
1. City Hall Expansion
a. Manager McGuire updated the Council regarding the bids received for
City Hall Expansion.
M. ADJOURNMENT OF THE AUGUST 31, 1989 MEETING '
46 8-28-89
1
Adjourned the August 31, 1989 Meeting at 4:37 P.M. .Council entered into closed
session to discuss labor negotiations and arbitration awards.
City Clerk
47 8-28-89