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Home My WebLink About2003-03-04 P & Z Agenda I ,~<-, ~. 'E.stabll.<iid 18ii PLANNING AND ZONING COMMITTEE MEETING AGENDA TUESDAY, MARCH 4, 2003 6:30 p.m. L CALL TO ORDER \., 1. Roll Call A\J~IVV ,3~\\lel.;.~ n. OATH OF OFFICE Lt;. Administer tbe Oatb of Office - Ms. Jennefer K1ennert Hunt '-2. Administer the Oatb of Office - Ms. Micbelle Lakso n. PUBLIC HEARING (S) m. APPEARANCES IV. OLD BUSINESS /~. Snowmobile Ordinances V. NEW BUSINESS Ivt' Mr. Noo Yang - Nigbt Oub VL DISCUSSION ITEMS VII. CONSIDERATION OF MINUTES 1. February 4,2003 P1auning and Zoning Meeting Minutes vm. ADJOURNMENT J Kim From: Sent: To: Cc: Subject: McLean, John (STP) [John.McLean@guidant.com] Tuesday, February 25,20032:30 PM Brian Hanson (E-mail); Dave Kilian (E-mail); Ray DeVine (E-mail); Tom Wilharber (E-mail) Kim Moore-Sykes (E-mail) Tuesday Meeting Fellow PNZers, I've had a last minute business trip fall in my lap for next week and will be unable to make the 3/4 meeting. My apologies I John John H. MCLean Manager, Supplier Development Guidant Corporation 4100 Hamline Ave. North St. Paul, MN 55112-5798 USA .Tel 651.582.3454 Fax 651.582.4002 1-800-227-3737 ext. 23454 john.mclean@guidant.com www.guidant.com 1 Jervi[{e 'Esta6[isheli 1857 1880 'Main Street _ Centervil1e, 'M9{ 55038 (651) 429-3232 -:Fa::( (651) 429-8629 State of .Minnesota t.nhJ .f AII.D :l J.nnefer ~nnert Hunt ,dO .rofemnfy 8IVear that :f 1riJf BUJ'.;port the 'Gonstitution of the Unitea~tate$ ana of the ~tate of ;:i.{innescta, ana faitlifulfy cl'uchar,je the auties of the 1ftce of the tJif01l1lin,j anaZonin,j -Commission of the 'Gi~ if'Genterviffe in the -County if ;!L,oka ana ~tate if ;:i.{inne.rota, to the /iest of ~ judjment ana aliifity. ~o hefp me riot!: Subscribed and sworn to before me this 4th day of March, 2003. -;/ ~ -4 Jennefer Klennert Hunt c- Terry Swee'ney, MayoV / . J (:., \; ~II y 1-- \ \" . I (,,'" ') J, !~ f/"\ \\ \1\1 ; (l,' /f .. '0\\ . ({ 1\":" , j" I '.' I( '-'. 1'''''\... J > t.,~ I' -'IJ'ii ! .,. .. t. ,(7 ""- "." . ,/, /(p .,,,............n '\" ,'," , 111hn.:t1"r\~:"\.\t""" ,.~' \::., " - . strator tervi([e 'Estab{isfieri 1357 1880 :Main Street _ Centervi1Je,:M:A[ 55038 (651) 429-3232 -:Fa:{ (651) 429-8629 State of .Minnesota r.fOll!l .1 AB.1Ia :[ ;;(licl,effe Lk:so , clO .rofemnlj .m'ear that :f 1riff suJ'J'ert the T;cn.stituticn if the Unitet!"~tate4 ant!" if the "Jtate if :7Xinne.rotu, anti' faitliJuffy d'uchar.1e the tl'ut/eB if the efftce if the tJiJannin.1 anti Zcnin.1 T;cmmisslcn if the T;i~ if "Gentervilfe in the T;cun~ ef ;?["cJ(a anti' ~tate if :7Xinne.rota, to the Iie.st if my Jutlj-ment anti alii!i~. ~e he.fp me !i;cct: Subscribed and sworn to before me this 4th day of March, 2003. ~-;Zt ~ Terry Sweeney, Ma or Michelle Lakso " \' 'I" '.. \",' \ l J~".:.. " \\. ,.''. II,~ . &. \\\111 r C;jl,[(''f\ \ .1l ,.t \,' , l k,..lJ :.,j\I,;[/I,,),:, j.;' ~; ..~.> ,,\~." .,::' t:'i{~ ;-""'."L..,,,,, \" .'~_" 4Y/,/Lisrl"C:'..' ' '>,'. FEB-27-2003 15: 44 CITY OF FOREST lPKE 6514644958 P.02 CITY OF FORI1ST LAKE ORDINANCE NO. 479 AN ORDINANCE AMENDING SECTION 15.07 OF THE CITY COLlE OF 'rnE CITY OF FOREST LAKE AND PERTAINING TO THE USE AND OPERATION OF SNOWMOBILES WITHIN THE CITY OF FOREST LAKE The City Council of the City of Forest Lake, Minnesota onlains: Section 15.07 of Lhe City Code of the City of Fore:lt Lake is hereby deleted and a new Section 15.07 is hereby adopted as follows: Section 15.07 Use and Ooeration of Snowmobiles. Subd. I. All provisions of MiIulesota Statutes Sections 84.81 through 84.915. together with all rules and regulations adopted pursuant thereto, are hereby incorpotated herein and made a part of this Section by reference and it shall be unlawn.li to own or operate a snowmobile within the City of Forest Lake in violation thereof. Subd. 2 It shall be unlawful for any persall to operate a snowmobile over and upon any sidewalk or upon IlIlY public park or playgrollnd which has been posted with signs prohibiliull motorized vehicles in the City of Forest Lake. Subd. 3. H shall be unlawful for any person 10 operate any snowmobile within the City of Forest Lake unless such snowmobile has attached to it as installed by the manufacturer and in &ood operating condition a slanuard engine muffler and exhaust system. Subd. 4. It shall be unlawful to operale any snowmobile upon the public streets, alleys or public property within the City of Forest Lake between the hours of 12:00 a.m. and 7:00 a.m. on Monday, Tuesday, Wednesday, ThurodllY and vrlOOy of each week and between Lhe hOllCS of 1:30 a.m. and 7:00 a.m. on Saturday IlIld Sunday of each week, except that operation of a snowmobile shall be permitted until I :30 a.m. on Christmas Day and New Years Day. Subd. 5. No person shall operate any 5Il0wtnobile within the City of Forest Lake at a speed In excess of2S mUes per hour. Subd. 6. Penalties. Any penon violaLlng any provision of this Section shall be 8uilty of a misdemeanor and, UpOII conviction thereof, shall be punished according to law. TOTRl P.02 FEB-27-2003 15: 44 CITY OF FOREST LAKE 6514644'368 P.01 t'assed and adopted by the City Council of the CiLy of Fprest Lake, Minnesota this 12'" day of November, 1996. ) .~.... / .~". (',l' ~I-._"..' ! ".:.~~ :;,.;"'" .";'~.~.___ -:.~ ..' -- . RayolOnd 1 Oaninger. Mayo.c" .' . A'ITEST: ~.&.f~ ,.- Charles P. Robinson, Cily Clerk/Administrator Phone 1# Fax . ... 2 r ) I I I I I I ('\ " "'-- '(' ~ ORDINANCE 9~-297 AN OROINANC~ AEPEAk!NG THE EXISTIN~ CHAPTER 181 IN ITS ENTIRETY AND ADOPTING A REVISED MOTOR!ZED RECREATIONAL VEHICLES ORDINANCE 181.1 PURPOSE AND !NTENT. It i. th~ int~nt of this ordinen~~ to prote~t the publ i<:'.. li..fl1ty ..nd prJ;lp..rty, as wllIll OlIO prcmot.il Pli"'~" ..nd r-lipose in the community thr-ou~h rilgulilting thl1 opllr-..tion of illl mAnner of motor-ized recreational vehicles, including snowmobiles, off-highway motor-cycles, all-terr..in vehiclee, And All other motorized eenveyane~s which are primarily used, or int~nded to be used, for off-road recreational p.lr pJ;llOlO... 181.2 181. 3 181.4 lal.5 ~OOITOO "" REPEAL OF INCONSISTENT ORDINANCE. That eilrtain crdinanee entit:led "MotoriZed R..c:r....tion..l V..hiel..~", ChaptO!!r 181 01 thO!! '~90 City CoG~ is ha~Qby rlOpaalad in it. ilnt.iraty .nd r&pl_~Qd with the provisions contained in this ordinan~e. DEFINITIONS. A. Motorized ~e~reational Y.h~cle ffie~n$ an o1f-hignw..y motor-c:y~le, 48 defined in Minnesot~ Statute 84.787, Swbd. 7, .m "ott-read vilhi~la" pl.<r.uant to Minnil",ct... s't.tut" 84.797, Subd. 7, .. "snowmobile" pursLlimt to Minnesot.. Statl.lte 87.81, SL'bd. 3, ..n "all-t.....r.,il'l vehiele" PUl"suo!\l'lt to Minnesota Statute 84-92, Subd. S, and/o~ any other vehicl.., which is primarily used or intended to be used for off-r-O~d ~screational pwrp~se$. ~. Boulevard me..ns all that area of a ~wblic road right-of-way or ilaSilffiQnt othar- than t.hil r-oadw...y. c. f<O;!dW\lY milan.. any portion of .. publi~ rO.!ld O!!asement im~roved, dO!!.i9nild, o~ ordin...rily vehieular tr..ffi~. :"'... right-of-w..y Lla.ad for' " cr D. The remaining worde, terms, and phr..ses used in the chapter .h...ll hava thair m.....ning.. ascribed to them in tna definitional section of the Minnesota Statute. 84-787 to a4-~29. exc~pt whe~e the context cle~~ly indic..te~ a diff~rent me~ning. STATE LAW ADDPTED, Minnesota Statutes 84.787 tQ a4.92~ inclusive, and .. hereatte~ am~nded. are ado~ted by reference as if h..~ein sat 1'Qrth in f.,II. APP~ICATION DF TRAFFIC LAWS, All local and ~tate traffic laws ahall a~ply to the Qperat.ion of motorized recre..t~onal VEhicles within the City of Hwgo.ex~.pt for those rel...ting to required ..quipmilnt, and ex~eot tho!le whic:h, by thei~ natLl~e, hav.. nO appliC:.!Ition. 1 VV~ C~:QT nUT ~nn~/I~/~~ .... 1S1.6 ~RE~S WHERE THE OPERATlON OF HOTORIZEO RECREATIONAL VEHICLES ARE PERMITTED. ( Bwbd. A. ~t sh~ll be unl~~twl for any pe~scn to op~r~t~ ~ motQri~ed r&<=r....t1onal "eh.1cllili w1tl'lin the Ilm.1ts of th... City of Hugo ">tc,,pt en ~ 1. Private prOp~rty with the spe~itic written, dat9d, .nd siQned permission o~ the owner or PQrscn in control of the property. Such p..rmi~~ion must be carried with the cperator of the v..hicle ~t all time.' the vehicle is b..ing ope~..t..d on tn. p~operty, unless th. operator is the bwner~ or family mQmb",r of the own",r of the proPQrty. 2. hlbHc land.. and w..tars wnder jurisdiction of thli Commi"'siona~ of the Minnesota D..partment of Natural R..ourcli5 as plirmittlid by law. 3. City streets when traveling in the most right-hand lane eVAilAble tOr eutomobile tr~ftic, or AS clo~e as p~~~t~cable to thQ right-hand cu~b or edge Qf th~ ~oadway, And WMen tr"'veling in the ....m.. direction .... Olcltomobil.. traffic in th,,'t l..ne. 4. Ths dit~h bottom or out~idQ *IOPA of any draina99 ditch ~hich liES within, and run~ parallel to, any City controlled pub]i~ road easement. Motori:ed recreational vehicles may i not CQ operated on any bowIQvard .rea where an idQntifiable ditch is not present. 5. The ditcM :'cttom, or outsidE illope, of Coclnty Hi;hwilY SA .....at of Goodview Avenue, StAte Highway 61, County Highway* 4, 4"', 7 ...nd 57. b. Posted trails appro"ed for ~uch use by the Hugo City Counci I. Subd. S. Nothing in thi~ Section SMall be deemed to prohibit or restrict pUQLic ofiicials and law en'forcement o~ficers trom operating any type o'f vehicle on public Or pri"ate lands ..nd/or public watErl. when acting witnin tMfI scop. of official duties and/or employm@nt. SUbd. C. A moto~i%&d r~c~&aticnal vehicle may be operated upon a public street or hiQhway other 'than a. p~o"id~d 1n Section 161-6, Subd. A, in an emergency situation during periods of time when, and at locaticn. whlir~, ~o.dw.y conditions renders travlil by automobile impractical. lS1.? HOURS AND DATES OF OPERATlON Subd. A. It 1s unlawful for any person to OpErate a moto~ized recreatiQn~1 vehicl~ within the City. 1. ':!ft.~ 11,OOPM Sunday through Thw"sde.y until 6.30AM the ne;<t morning. aetween 1.00 AM and 6.~OAM en S.tu~days and Sunday$. . ," 2. :< _900!.OO_1P1 1/V,'l Qt: 9T nil,!, r.nnv Lv,n r'H S~bd. B. A person shall not operate a motor1.md re~reational vQh1~le within the publi~ road r1ght-of-w~y of any City ~tra~t, state highway, or ~ounty highway from April 1 to August 1 of any y~~r, unle~~ the vehi~le is be~n9 ws.d Q>>~lusively as transportation to and from work on agri~ultural lands. SUbd. c. A person shall not operate a motorized recreational vehicle within the public road right-oi-way of any ~ity street, state highway or ~oc'nty h1gh"'''y b..tween tll.. "'ou..." of onl;-hOll" hour- ~ft.r sunset to one-Mal'" houY" bllfon. !i.Llnr"ise, exc:r=pt on the right-hand side oi the right-oi-way and in the ~am. direction a5 auto~obile traffi~ on the nea...e5t land of the adja~lint ro~dway. IS1.S REQUIRED EQUI~MENT /. 181.9 (( \;.. llnn/r.nn i'BI Bubd. A. Eve...y motorized rec...eational veh~cl.. .h~ll at all times be equipped with th.. muffler in good wo~Ning o...der, which blends the ~xhau5t noise into the overall vehicl~ noise, and is in const..nt Operl!lt.ion t.o I=Il""event lilHc::eli5iivii or- u.nugu~l nQj,jiti. Mul'fl..rli sh.ll redLlce the noise 01 op.......tion of tile moto... to the minimum ne~"'ssa...y for operation. No person sh~ll use a muffl..... cutout, bypa.~, or similar devic.. upon a motori..,d recreational veh~~l.,. The e"hawst 5y.tem shall not ..mit or procuce a sharp popping or era~king "ound. BubO. a. Every moto...i.ed .....e~m..tional v"hl~le shall be ..quipped with brakes ad..quate to cont...ol the movement of, and to stop and hold, ~aid vehicle under ahY condition of operation. Subd. C. 1t is unlawful for any person to ope...ate a motorized recr..ational vehicle any place within the City Wi'll.... it is el:lc,ipllled wit.h il safety or so-c..ll..d "deadman" throttle in operating condition. "S..fety or O"ildman" throttle meanli 01 d..vice whiCh. whan pr..sure is ~emov~d 1~om the .ngine a4cel@rator cr throttle, causes the motor to be dis..ngaged from the driving track. SubO. D. No re~reational vehicle ~hall be operated upon any public .tre.t or highway unl~ss it is eQuipped wit.h at l~ast ~ne head lamp, Qne tail l~mp, each of a minimum ~andlQ powQr ae p.....cribed by rUl~s establi.hgd by the Commi.sioner oi "he Minnesota D..pa...tment of Natural ~esources, and r.flective ma~erial of a minimum area of 16 squa...e inQhes mountQd on ...eh .ide of the vehi~lQ. MISCELLANEOUS REGULATIONS Subd. A. No ownQr sh.ll pe~mit the operation of, and ne operator shall operate, a motorized recreational v~hicle at a speed in excess of fifteen (1~) mil.. p~'" hour within one-Ilundred (100) feet of any regidential dwellin9. Subd. B. It i5 unlawful t.o int~ntiQnally drive, cha~e, run over, or kill any animal 0'" bird with a motori~ed reQreational vehicle, ,"'lcapt t"at ~otQri"ed racr,....tion..l vel'l1cl.s m.y bQ l.l....d to herd. or cont~ol dome~ticat.d farm animals by e person enQaged in a bona fide agricultural. occupation. vv,.r ''';QT nUT <>(In'-lI'/;J!(f -l Subd. C. It is unlawful for any person to operate a motori~ed r~cr~.tional v@hicl. within the City so MS to tow any othor ~er'eon or thing in a pUblic litril..t or high"'A>, e><cept thJ'"oLlgh the u.m of A rigid tow b~r' ~ttach@d to the rear of the motorized recreational v~hicle, except to tow a dis~bled motorized recreational vehicle to a location for repair. to bm made, Subd. D. Every per.on leaving a motorized recr'eati~n~l vehicl.. on a public place shall lo~k the i~nition, remove the K@y, and secure the key so a~ to prevent its unauthorizmd us.. 5L\bd. E. It is unla...'ful for the operation ot <lny motori:z:..d recreational vehicl@.to run-over or otherwise damage any tree, shrUb, flower', cJ'"op or other vegetation under the managed care ot any individual or agency. Subd. F. No pe~son sh~ll o~.r~t. ~ moto~i~@o recre_tion~l vehicle at lOuc:h tim.., 0'" in sucl, m_nn~r, th..t c:ilU.... pltl'"lI\ilnen't dama9@ to any public: ..treet, iiidewalk, or other f_cility. Su~h d<lmag.s include, but are not limited to, gou~e~ or cut.. in pavement, ~ra~king or spallin; of con~rete surfa~es and denting or breaking of culv~rt... Subd. a. It is unlawful to attach a fence-~utting device of ~ny kind to a motorized J'"ecreational vehicle. 181.10 ESTABLISHMENT OF MOTO~IZEO RECRE~TIONAL VEHICLE TRAILS Bubd. A. Individual,. or groups may apply to th~ City Council for p.rmission to estacli.h and improve trails 'for the use of motori:u'd. recreationill viihic:l..". Application Shall be mad.. to the city clerk and provide the following information I 1. ~ll ilpplicAtions shall clearly identify the person Or' gl'"oup applying fol'" the tl'"ail permit, to in~lude th.. address and daytime ~hone number of a contact ~er..on. ~. A map clearly identifying the ~ropo"..d route of the trail, indicatin; it" alignment, width, relation5hip to public rOAd right-of-ways, ~nd ~~nne~tion_ to other trails ~nd destination points. 3. Writt~n p~rmission from all prop~rty own~r. whose land the trail crO~6e6 for the eonstruetion, maintenance and operation of the trail, in su~h form is Acceptable to the city attorney. 4. A .tatemant ... to who shall be liable for any injury 01'" property damage r..ultino from th. ccnstruet~on, maintenance and us@ of the tra~l, together with evidence of the r..pon.~ble parties financial ability to provide such insurance or other security necessary to ~rotect the City from financial less. ., , ~. A develcpm~nt and operations plan fer the proposed trail. 4 L'--Qo-o7toOL_ __ __ __ VV~ L~:Ql nRr ~nn~/l'-/?n ["' :.,. 6. An a~~li~ati~n f~~ met b~ the ~~ty admini~trator. Said fea ~hall ba a good faith e.timate of the .~tual costs t~ be incurred by the C~ty in ~ro~e~~~ng the appI1~ation. Subd. 5. All applications for motorized recreational vehi~le trails snaIl be review..d by thw City C:oun<:i I. In deter'mining wheth..r to grant permission for a trail, the Council shall ~~n5idsr the following, 1. 'the p~,bI1~ nm..d for th" propo...d t,.-..il at t~.e location ..nd scale proposed. ~. Pot~ntial impact of the trail on adja~ent property owner.. ~. Potenti.l impact of th" proposed trail on 1uturm City d.v.lopment. 4. Potential impact of the propo5ed t,.-..il on environmentally 5&nsitiv~ Qre.5. 5. The adequac~ of tne propo.ad trail to ~a1&ly serve its intended USe. 6. Such other ~riteria "Ii the aitL"..tion may req,-d.re. Sued. C. The City Coun~il ph~ll deny all applications for motorized recreat~onal tr..ils when the applicant has not d.mo~strated to the s~ti.fa~tio~ of tn~ Council. 1- 2. The need for the pro~os~d tr_il. 'th~ adequacy and safety of the proposed trail to se,.-ve its intended U$e. Tne financial and operativ" ability of thQ .pplicant to ~onstru~t, maintain and operate the trail as proposed. That the trail will not cau... undue nard5hlp and/or unre._onably di_rupt the paaceful enjoyment of the property own..r!!; adjacent to th.. proposed trail (0"- the public). ,( 3. 4. Subd. D. The City Council may grant permission for the con_tru~tion, maintenance ..ne operaticn of i\ propo...d tn.i 1 by resolution whel'i! it haD determined, at its sole discretion, that such a trail is warranted, feasible, and in th~ best interest of the community. Subd. E. In granting permission tor the ~cnstruction, maintenance and operation of . trail, the Council may Qrant, in tne autncri:ing resolution, I!xemp"tj,gns from ~ilrtain provision. of the o,.-dinan~e wh..,..e thil .itu.~ion or design of the trail ao w~rrant auch QH"mptiona in the best interest of the City. Subd. F. The Council may, in the ~uthorj,.ing reSOlution, place apecial ril5triction5. ....gulationa and conditions on motorized recreational vehi~le trai15 when the si~u.tion or design of the trail '!So w.rr'ant.. {' "'~-' Bubd. 6. Should it app~ar' to the Council that the terms and condition. wnich it ha5 ~l.ced upon a trail are not bein; adhered to, or that they ar.. not ade~uatl!, su1fi~ient, or ng~e5$..ry to ~rotQ~t the heal th, safety, and wel far.. of th.. publ ie, thel"r the Coun~il may, 5 on(1JcnnMl VV~ o~~aT nOT ~^~'IJ'I'~ =y R..olution, rescind its approval fo~ the operation, m~inten~nce and use of any t~ail, O~ amend th~ conoitions of the r~Bolution _pp~ov1n9 this trai~, .5 th~ situ.tion wa~~ants. EFFECTiVE DATE. Thi~ o~d1nanee .hall be in full force and ~ffect from and after ite p4~5age and publication. Upon roll call, the following mem=ers voting AYE' Barne~, Soiifon, LaValle, Leroux, Miron Voting NAY: NONE Whereupon ~aid o~d1nance was decla~ed passed and adopted this 20th day of March, 19"~. ~~ F~an Miron, MAyor ATTEST. Mary City erk Publish~d in the White Bear Press this 29th day of March, 1995. 6 ,",---- .... Qnn/AOn~~_ YV..t Q": Q,T i1J:IT r.nn'- 11'- i'-t"J .. r FEB-27-2003 15: 32 CITY OF LIND LAKES 651 982 2499 P.01/06 CITY OF liNO IbI\fS POLICE DEPARTMENT David J, Pecehia, Chief of Poliee ~ REGULATING THE USE OF SNOWMOBILES AND ALL-TERRAIN VEHICLES ORDINANCE # 17 - 94 Oaerat10n on Streets and Hi~hvaV. - Operation Of snowmobiles upon the roadway, shoulder, inside bank, alope of any street or highway, ditch or on the outside bank within the right-of-way of any street or highway i. permittCl4 in confonanoe wit.hlltat:e law and Cit.y ordinance within the.. oorporate limits of the city otLino Lake.. It shall be unlawful for any person to: A. operate a snowmobile anywhere within any public right-of-way except on the roadway surface .or otherwise provided in this ordinance. On Any publicly owned lands and frozen waters includin9, but not limited to, school grounds, park property, playgrounds, recreation areas and golf courses, exoept areas previously listed or authorized for suoh use by t.he proper public authority, in which case such use should be lawful and snowmobiles may be driven in and out of such areaS by the shortest route. Authorized areas in the City of Line Lakes owned by the City shall be designated by council resolution. At any speed in excess of 15 miles per hour on a public street or highway or elsewhere at a rate of speed greater than reasonable or proper under all the surrounding circumstance. So as to tow any person or thing on a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile. In a manner so as to create loud, unnecessary or unusual noise Which disturbs, annoys, or interferes with the peace and quiet of another. Snowmobiling shall be prohibited after 11:00 PM and before 8:00 AM Sunday through Thursday, and between the hours of 1:00 AM and 8:00 AM Saturday and Sunday. Such operation is not permitted when such ditch or outside bank is within the right-ot-way of any interstate highway or freeway. ".-' .'$ ~ - Any person violating any provision of this ordinance shall be quilty of a misdemeanor and upon oonviction thereof, shall be punished by a fine of not more than $700.00 or by imprisonment of not more than 90 aays, or both, plus the costs of prosecution in either case. B. c. D. E. (}) G. See Ordinance 117 - 94 for further details. 7731 Lake Drive, Uno Lakes, Minnesota 55014-1109 Polic~ Administration/Records: (61 Z) 780-0605 . Fax: (61 Z) 780.0901 FEB-27-2lJiJ3 15: 32 C lTY OF Ll f.O LAKES 651 982 2499 P. 132/136 .. ~ council Member 1t1l1ott intr04uced the followin9 ordinance and moved its adoption: CITY OJ' LI.O LADl8 OJLD:l:D!lCB JIlQ. 17 - t4 AN ORDINANCE RELATING TO THE OPERATION OF SNOWMOBILES ANO ALL-TER.RAIN VEHICLES Defini~ions. Unless the context olearly indicates otherwise, the words, combinations of words, ~erm., and phrases, as used in Ordinanoe NO. 17-94 shall have the meaninqs set forth in the subdivisions of ~his section which follow. Snowmobile shall mean any self-propelled vehicle used for recreational purpose. whether steered by wheels, skis, Or runners and designed for travel on snow or ioe or natural terrain including, but not limited to, snowmobiles and all- terrain vehicles requlated pursuant to the provisions of Minnesota Statutes, Chapter 84, and said definition shall apply throuqhout this Ordinance unless said Statute clearly provides otherwise. owner means a person, other than a lien holder having the property in or title to snowmobile and entitles to the use of possession thereof. operate means to ride in or on and control the operation of a snowmobile. operator means every person who operates or is in actual physical control of a snowmobile. Roadway means that portion of a highway improved, desiqned, or ordinarily used for vehicular travel, includinq the shoulder, but not including the boulevard. Street or highway means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter or right, for the purposes Of vehicular traffic. Right of way means the entire strip of land traversed ~y a highway or street in which the public owns the fee or an eaeement tor roadway purposes. Safety or deadman throttle is detined as a device which, when pre..ure is removed from the enqine accelerator or throttle, causes the motor to be disengaged from the driving t.rack. FEB-2?-20133 15: 33 CITY OF LlfD LAKES 651 982 2499 P. 133/136 onAration on Streat. and Kiahwavs Operation of snowmobiles upon the roadway, shoulder, inside banxl slop. of any street or highway, ditch or on the outs~de bank within the right-of-way of any street or highway is permitted in conformance with state law and city ordinance within the corporate limits of the City of Lino Lakes. Oneration Generally. Exce~t a, s,O, t, herwise spec, ifica,llY penitted and authorized,P." ~lIl,:'~wful fen: ~y p~on to operate a snowmobile within the ccrporate limits of the city of Lino Lakes in the manner set forth in the following: 1. 2. 3. 4. ~ ,1;:'\ ~ 6. Anywhere within any public right of way (i... boulevards) except on the roadway surface or otherwise provided in this ordinance. On a publio sidewalk or walkway provided or used for pedestrian travel. on private property of another without lawful authority or con.ent of the owner or occupant. On any publicly owned lands and frozen waters including,. but not limited to, SChool grounds, park property, playgrounds, recreation areas and golf courses, except areas previOUSlY listed or authorized for such use by the proper public authority, in whioh case SUCh use should be lawful and snowmobiles may be driven in and out of such areas by the shortest route. Authorized areas in the city of Lino Lakes owned by the City shall be designated by council resolution. At any place, while under the influence of intoxicating liquor or drugs. At any speed in excess of 15 miles per hour on a public street or highway or elsewhere at a rate of speed ~reater than reasonable or proper under all the lIurrounding circumstance. At any place in a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. So as to tow any person or thing on a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile. At a speed greater than 15 miles per hour when within one hundred (100) feet of any riverbank or laxa shore, or within one hundred (100) teet of fishermen, ice houses or Skating rinks, nor shall operation be 8. 9. FEB-2?-2003 15: 34 CITY OF L I f,\J LAKES 651 982 2499 P. 04/06 pen1.tted within one hundred (100) feet of any sliding area, nor where the operation would conflict with the lawful use of property or would endangar other persons or property. 10. In a manner so ae to create loud, unnecessary or unusual noise which disturbs, annoys, or interferes with the peace and quiet of another. 11. Sno~obilinq shall be prohibited after 11:00 PM and before 8:00 AM Sunday through Thursday, and between the hours of 1:00 AM and 8:00 AM saturday and Sunday. This provision is not intended to prohibit snowmobiles from entering or leavinl the city of Lino Lakes during thll above hours, provid ng that the operator Of a sno~obile utilized the most direct route of travel to and from the operators residence or destination. 12. Suoh operation is not permitted within fifteen (15) teet of any public sidewalk, walkway or trail. 13. Such operation i5 not pe~itted when such ditch or outside bank is within the right-of-way of any interstate highway or freeway. A snowmobile may ~ake a direct crossina of a street or hiahwav D~ovidBd: 1. The crossing is made at an angle of approximately ninety (gO) degrees to the direction of the street or highway and at a place vhere no obstruction prevents a quick and safe crossing. 2. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway. 3. The driver yields the right of way to all oncoming traffic which constitutes an immediate ha~ard. 4. In crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another public street or highway. 5. If the crossing is made between the hours of one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise or in conditions of reduoed visibility, onlY if both front and rear lights are ~n. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right of way to any vehicles or pedestrians which constitute any immediate hazard. FEB-2'7-~03 15: 34 CITY OF LI fO LAKES 651 982 2499 P.05/06 Notwithstanding any p~ohibition by current City Ordinance or state LaW, a snowmo~ile may be operated on a public thoroughfare in an emergency during the period of time when and at locations where snow upon the rcaaway renders travel by automobile impractical. F.ouibment. It is unlawful for any person to operate a snowmo~ile any place within the corporate limits of Lino Lakes unless it i. equipped with the equipment set forth as follows: 1. standard mufflers which are properly attaohed and in constant operation, and Which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall u.. a muffler cutout, by- pass, straight pipe or similar devioe on a snowmobile motor, and the exhaust system shall not emit or produoe a sharp popping or craCkling noi.e. 2. BraKe. adequate to control the mcvement ot and tc stop and hold the .nowmobile under any oonditions of operation. 3. A safety or 50 called "deadman" throttlGl in operating oondition, as that when pre.sure is removed from the accelerator or throttle, the motor is disengaged from the driving track. 4. At least one clear lamp attaahed to the frcnt, with sufficient intensity to reveal persons and vehicl.s at a distance Of at least one hundred (100) teet ahead during the hours of darkness under normal atmospheric conditions. a. Such head lamp shall be so aimed that glarinq rays are not projQcted into the eyes of an oncoming vehicle operator. b. It shall be equipped with a least one red tail lamp having a minimum candle power of sufficient intenlitr to exhibit a red liqht plainly visible trom a d stance of five hundred (500) feet to the rear during the hours ot darkness under normal atmospheric ocnditions. c. Such equipment shall be in use when the vehicle is operated between the hours of one-half (1/2) hour after sunset or one-half (1/2) hour before sunrise or at times of reduced visibility. Persons Under 18 Years of Age. No person under 14 years of age shall operate on streets or highways or make a direct crossing of a street or highway as the operator of a snowmobile. A person 14 years of age or older. but less FEB-27-2803 lS: 35 CITY OF L I flJ LAKES 651 982 2499 P.06/0S than 18 years of ag., may operate a snowmobile on streets or hiqhways as permitted under this ordinano& and make a direct crossing thereof only if said person has in their immediate ~o.session a valid snowmobile safety certificate issued by the Commis.ioner of Natural ResOurces as provided by Minnesota statutes, Section 84.86 as amended. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this seotion. L~f~~~-~' Every person le~v~nq a sn!Ti:'~rd place shall lock the lqn:l.tl.on, remove the key and take the same with said person. "'u~<...a'''''''-l.'~dden. It is unlawful to intentionally drive, chase, run over, kill or otherwise take or attempt to take any animal, wild or dOlllestic, with a snowmobile. Penaltv. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than $700.00 or by imprisonment ot not more than 90 days, or both, plus the costs of prosecution 1n either case. This ordinance shall take effect upon ita paasaqe and pUblication according to the City Charter. ------- ~ - ~-e:-'"- Vernon F. Reinert. Mayor '--Ih~ :f{ fZnk~~ Marily G. Anderson, Clerk-Treasurer The motion for the adoption of the foregoing ordinance was seconded by Council Member Kuether and upon vote bein9 taken thereon, the followinq voted in favor thereof: ll.."geson, Elliott. Kuether, Neal. aei~ert. The following voted against same: none. Whereupon said ordinance was declared duly passed and adopted by the Lino ~akQs city council this 28th day of November, 1994. TOTAL P,[I; .. CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION FEBRUARY 4, 2003 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly PRESENT: ABSENT: Mary Jo Helmbrech Ray DeVine COUNCIL: Council Member Broussard Vickers STAFF: Ms. Moore-Sykes I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:30 p.m. II. PUBLIC HEARING(S) 1. Proposed Interim Ordinance #75 Chair Hanson opened the public hearing at 6:31 p.m. Ms. Moore-Sykes explained that the purpose of the public hearing was to discuss the implementation of an interim moratorium ordinance and noted the moratorium would give the City an opportunity to research the issues involved with slaughterhouses and allow the City to make an educated and determined stance on the issue. She then indicated that public comment could be taken with regard to the ordinance but comments concerning the issue of slaughterhouses or butcher shops could not be taken. Chair Hanson indicated he would like to define custom or ritual butchering and the word sacrifice under definitions and in the body of the Ordinance. Commissioner Kilian commented that he did not see a reason to prevent a butcher shop from coming to town as that is entirely different than a slaughterhouse. Page 1 of4 .. Planning and Zoning Commission Meeting Minutes February 4, 2003 Ms. Moore-Sykes indicated the moratorium would allow the City time to determine whether or not it needs to differentiate between butcher shops and slaughterhouses. Ms. Lee L'Alleis of 1973 Main Street asked what the plans are to keep residents informed as the process moves along. Ms. Moore-Sykes indicated there would be information in the Quad Press and asked residents to provide their mailing and email addresses to a list for notification. Mr. Lee indicated that he usually receives the paper after an issue has been heard so he would prefer a different type of notification. Ms. Moore-Sykes indicated residents could stop into City Hall to add their name to the list or call 429-3232. She then indicated that an email address is a fast and easy for the City to notify residents if they haveemail available. Motion by Commissioner Wilharber, seconded by Commissioner Kilian to close the public hearine. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 6:37 p.m. Motion by Chair Hanson. seconded by Commissioner Wilharber to recommend to Council approval of Ordinance #75, an Ordinance implementine a moratorium on slaul!hter/butcher shops with the noted chanl!es. All in favor. Motion carried unanimously. III. APPEARANCES None. IV. OLD BUSINESS I. Ordinance #1 - Defining Garbage. Rubbish and Waste Matter Chair Hanson asked Staff to look into the insurance amounts listed in the Ordinance to determine whether the amounts are adequate. Council Liaison Broussard Vickers recommended determining what the trash hauler has for limits in order to avoid extra contract costs by requiring higher limits than the hauler currently has. Chair Hanson asked if the license fees were current or should be added to the fee schedule. Ms. Moore-Sykes indicated she would prefer to reference the fee schedule rather than list the fee in the Ordinance. Page 2 of 4 . Planning and Zoning Commission Meeting Minutes February 4,2003 V. NEW BUSINESS 1. Applicants for the two (2) Vacant Positions on Commission Motion bv Commissioner Wilharber. seconded bv Commissioner McLean to recommend to Council approval of the two applicants to the Plannm!! and Zonm!! Commission. All in favor. Motion carried unanimous Iv. 2. Resignation Letter Submitted from Commissioner Helmbrecht Motion bv Commissioner Kilian. seconded bv Commissioner McLean to accept the resi!!nation of Ms. Helmbrecht. All in favor. Motion carried unanimouslv. VI. DISCUSSION ITEMS Ms. Moore-Sykes indicated the City Clerk had sent out the snowmobile ordinance via e- mail but realized there was a typo in the memo and that is why it was provided at this meeting. She then indicated the snowmobile ordinance is scheduled for discussion at the March meeting for possible changes. She further indicated that some of the City's ordinances have been placed on the website. Commissioner Kilian asked for other local snowmobile ordinances for review. Council Liaison Broussard Vickers indicated she would like to know from Doug Koppe of the Rice Creek Snowmobile Trail Association whether participation from Centerville has increased as there was a huge amount of interest when the ordinance was changed last time and the snowmobilers had agreed to reform their ways and self-police. Ms. Moore-Sykes indicated that Mr. Votel and his partner came in and signed a waiver giving them an additional 120 days to resolve their issues with the property owner. VII. CONSIDERATION OF MINUTES I. Januarv 7.2003. Planning and Zoning Meeting Minutes Motion bv Commissioner Kilian, seconded bv Commissioner Wilharber to approve the Minutes of January 7. 2003. as presented. All in favor. Motion carried unanimouslv. Commissioner McLean abstained from voting on the Minutes as he was not at the meeting. Ms. Moore-Sykes announced that Sno Biz was scheduled for this weekend and invited residents to stop by City Hall and pick up a flier. Page 3 of4 .. Planning and Zoning Commission Meeting Minutes February 4, 2003 Chair Hanson asked Staff to verify that the ice is safe for the festivities. VIII. ADJOURNMENT Motion bv Commissioner Wilharber. seconded bv Commissioner Kilian to adiourn the February 4. 2003 Planninl! Commission Meetinl! at 6:55 n.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc Page 4 of 4 r ,', / ''';''''c._ ~, {,' -!'[','. ",\ . ~ , ! .'~ 1'~ '-1 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #13 AN ORDINANCE REGULATING THE POSSESSION, SALE, AND CONSUMPTION OF INTOXICATING LIQUOR, WINE, AND 3.2 PERCENT MALT LIQUOR WITHIN THE CITY OF CENTERVILLE, MINNESOTA THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA DOES HEREBY REPEAL ORDINANCE #'S 11, 12 & 21 AND AMENDS ORDINANCE #13: Section 1. Adoption of State Law by Reference. The provisions of M.S. Chapter 340A, as they may be amended from time to time, with reference to the definitions, terms, conditions of operation, restrictions on consumption, provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and are made a part of this ordinance as if set out in full. It is the intention of the City Council that all future amendments to M.S. Chapter 340A are hereby adopted by reference or referenced as if they had been in existence at the time this ordinance is adopted. Section 2. City may be more Restrictive than State Law. The Council is authorized by the provisions of M.S. 340A.509, as it may be amended from time to time, to impose, and has imposed in this ordinance, additional restrictions on the sale and possession of alcoholic beverages within its limits beyond those contained in M.S. Chapter 340A, as it may be amended from time to time. Section 3. Definitions. In addition to the definitions contained in Minnesota Statutes, Chapter 340A.1 01, as it may be amended from time to time, the following terms are defined for purposes of this ordinance: Display - The term "Display" means the keeping, storing, or permitting to be kept or stored of an alcoholic beverage which has been poured, dispensed or has had its package seal broken on, in, or at any table, booth, bar or other area of a licensed premises accessible to the general public, except when the alcoholic beverage is stored in a normal storage area during non-sale hours. Interest - The term "Interest" as used in this ordinance includes any pecuniary interest in the ownership, operation, management or profits of a liquor establishment, but does not include: bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and City of Centerville Ordinance #13 (Liquor) 08/28/02 regular course of business or selling or leasing merchandise, fixtures or supplies to such establishment; or any interest of 5 percent or less in any corporation holding a City liquor license. A person who receives monies, from time to time, directly or indirectly from a licensee in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide," the reasonable value of the goods or things received as consideration for the payment of the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade any prohibitions under this ordinance shall be considered. Licensed Premises - The term "Licensed Premises" is the premises described in the approved license application. In the case of a restaurant, club, or exclusive liquor store licensed for on-sales of alcoholic beverages and located on a golf course, "licensed premises" means the entire golf course except for areas where motor vehicles are regularly parked or operated. Operating Manager - The term "Operating Manager" as used in this ordinance means a person designated by the license holder who works at the licensed premises and is in charge of day-to-day liquor sales. Properly Designated Officer - The term "Properly Designated Officer" means and includes (i) the City Fire inspector or Fire Chief; (ii) the City Building Official, Building Inspector, or Administrator; and (iii) the Health Inspectors employed by Anoka County or the State of Minnesota acting in the course of the scope of their employment. Underage Person - The term "Underage Person" means a person who is under the legal drinking age as provided by Minnesota Statutes Chapter 340A. Liquor - As used in this ordinance, without modification by the words "intoxicating" or 3.2 percent malt" includes both intoxicating liquor and 3.2 percent malt liquor. Restaurant. Restaurant means an eating facility, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises, where full waitress/waiter table service is provided, where a customer orders food from printed menus and where the main food course is served and consumed while seated at a single location. An establishment which serves prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and served, shall be considered to be a restaurant for the purposes of this chapter as long as it is currently licensed as such by Anoka County. Section 4. Nudity on the Premises of Licensed Establishments is Prohibited. A. The City Council finds that it is in the best interests of both public health, safety and general welfare of the people of the city that nudity is prohibited as provided in this section on the premises of any establishment licensed under this ordinance. This is to protect and assist the owner, operators, and employees of the establishment, as well as patrons and the public in general, from harm stemming from the physical immediacy and combination of Page 2 of 17 City of Centerville Ordinance #13 (Liquor) 08/28/02 alcohol, nudity, and sex. The Council especially intends to prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal conduct, including prostitution, sexual assault, and disorderly conduct. The Council also finds that the prohibition of nudity on the premises of any establishment licensed under this ordinance, as set forth in this section, reflects the prevailing community standards of the city. B. It is unlawful for any licensee to permit or allow any person or persons on the licensed premises when the person does not have their buttocks, anus, genitals and female breasts covered with a non-transparent material. It is unlawful for any person to be on the licensed premises when the person does not have their buttocks, anus, genitals and female breasts covered with a non-transparent material. This paragraph shall also apply to non-alcohol under age events on the licensed premises. C. It is unlawful for any licensee to permit or allow any male and/or female swim suit competition on the licensed premises during any non alcohol under age event. D. A violation of this section is a misdemeanor punishable as provided by law, and is justification for revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license or the imposition of a civil penalty under the provisions of this ordinance. Section 5. Consumption in Public Places. Except as otherwise provided for herein, no person shall consume intoxicating liquor or 3.2 percent mait liquor in a public park, on any public street, sidewalk, trail, parking lot or alley, or in any public place other than on the premises of an establishment licensed under this ordinance, in a municipal liquor dispensary if one exists in the city, or where the consumption and display of liquor is lawfully permitted. Section 6. This Section has been left blank for future use. Section 7. Term and Expiration of Licenses. No person, except as otherwise provided in Minnesota Statutes Chapter 340A shall directly or indirectly deal in, sell, keep for sale or deliver any intoxicating liquor, 3.2 percent malt liquor, or wine as part of a commercial transaction without first having received a license to do so as provided in this ordinance; nor shall any private club or public place, directly or indirectly, or upon any pretense or by any device, allow the consumption or display of intoxicating liquor or serve any liquid for the purpose of mixing with intoxicating liquor without first obtaining a license from the City as provided in this ordinance. Page 3 of 17 City of Centerville Ordinance #13 (Liquor) 08/28/02 Each license shall be issued for a maximum period of one year. All licenses except temporary licenses, shall expire on December 31 of each year unless another date is provided by ordinance. All licenses shall expire on the same date. Temporary licenses expire according to their terms. Section 8. Kinds of liquor License. The following types of licenses may be issued up to the number specified in this ordinance: A. On-Sale 3.2 Percent Malt Liquor License On-sale 3.2 percent malt liquor licenses which may be issued only to restaurants, hotels, clubs, bowling centers and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks. B. Off-Sale 3.2 Percent Malt Liquor License C. Temporary 3.2 Percent Malt Liquor License Temporary 3.2 percent malt liquor licenses which may be issued only to a club, charitable, religious, or nonprofit organization. D. Off-Sale Intoxicating Liquor License Off-sale intoxicating liquor licenses, which may be issued only to exclusive liquor stores or drug stores that have an off-sale license which was first issued on or before May 1, 1994. The fee for an off- sale intoxicating liquor license established by the Council under Section 9 shall be set by annual Fee Schedule adopted by Council which may be permitted by M.S. 340A.408, subd. 3, as it may be amended from time to time. E. On-Sale Intoxicating Liquor License On-sale intoxicating liquor licenses, which may be issued to the fOllowing establishments as defined in M.S. 340A.1 01, as it may be amended from time to time, and this ordinance: hotels, restaurants, bowling centers, clubs, or congressionally chartered veterans organizations and exclusive liquor stores. Club licenses may be issued only with the approval of the Commissioner of Public Safety. The fee for club licenses established by the Council under Section 9 of this ordinance, shall not exceed the amounts provided for in M.S. 340AA08, subd. 2(b), as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at Page 4 of 17 City of Centerville Ordinance #13 (Liquor) 08/28/02 a community festival held within the city under the provisions of M.S.340.404, subd. 4b, as it may be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention or cultural facility owned by the city, under the provisions of M.S.340.404, subd. 4a, as it may be amended from time to time. F. On-Sale Sunday Liquor License On-sale Sunday liquor licenses which may be issued only after authorization to do so by voter approval at a general or special election as provided by M.S. 340A.504, subd. 3, as it may be amended from time to time. Sale of alcoholic beverages in conjunction with the sale of food on Sunday begins at 10:00 a.m. if the applicant is in conformance with the Minnesota Clean Air Act. G. Combination On-Sale I Off-Sale Intoxicating Liquor License This license may be issued if the City has a population less than 10,000. H. On-Sale Temporary Intoxicating Liquor License Temporary on-sale intoxicating liquor licenses, with the approval of the City Council, which may be issued only in connection with a social event sponsored by a club, charitable, religious, or other nonprofit corporation that has existed for at least three years. No license shall be for longer than four consecutive days, and the City shall issue no more than 24 days worth of temporary licenses to anyone organization in one calendar year. I. On-Sale Wine License On-sale wine licenses which may be issued with the approval of the Commissioner of Public Safety to: restaurants having facilities for seating at least 25 people at one time and meet the criteria of M.S. 340A.404, subd. 5, as it may be amended from time to time, and which meet the definition of a restaurant in Section 3 of this ordinance; and to licensed bed and breakfast facilities which meet the criteria in M.S.340A.401, subd. 1 as it may be amended from time to time. The fee for an on-sale wine license established by the Council under the provisions of Section 9 of this ordinance shall not exceed one-half of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-sale wine license who also holds an on-sale 3.2 percent malt liquor license is Page 5 of 17 City of Centerville Ordinance #13 (Liquor) 08/28/02 authorized to sell malt liquor with a content over 3.2 percent (strong beer) without an additional license. Section 9. License Fees; Pro Rata; Payment; Refunds Retail License Fees. Annual Fees. The annual fees for all licenses and temporary licenses are set forth by Council Resolution. A. No license or other fee established by the city shall exceed any limit established by M.S.340A, as it may be amended from time to time, for a liquor license. B. The Council may establish from time to time by ordinance or resolution the fee for any of the liquor licenses it is authorized to issue. The license fee may not exceed the cost of issuing the license and other costs directly related to the enforcement of the liquor laws and this ordinance. No liquor license fee shall be increased without providing mailed notice of a hearing on the proposed increase to all affected licensees at least 30 days before the hearing. C. Prorated Fees. The fee for all licenses, except temporary licenses, granted after the commencement of the license year shall be prorated on a quarterly basis. D. Payment. All license fees shall be paid in full at the time the application is filed with the city. If the application is denied, the license fee shall be returned to the applicant except for any costs incurred by the City for investigation of the application/applicant. E. Refunds. License fees shall be refunded if an application for a license is denied by the City Council, except where rejection is for a willful misstatement in the license application. No part of the fee paid for any issued license shall be refunded except as authorized under Minnesota Statutes Section 340A.408, subd. 5, upon application to the City Clerk within 20 days of the happening of any event provided under Minnesota Statutes Section 340A.408, subdivision 5, and except as provided in Section 9 D. Section 10. Council Discretion to Grant or Denv a License. The Council in its sound discretion may either grant or deny the application for any license or for the transfer or renewal of any license. No applicant has a right to a license under this ordinance. Section 11. Application for License. A. Form. Every application for a license issued under this ordinance shall be on a form provided by the city. Every application shall Page 6 of 17 City of Centerville Ordinance #13 (Liquor) 08/28/02 state the name of the applicant, the applicant's age, with references as the Council may require, the type of license applied for, the business in connection with which the proposed license will operate and its location, a description of the premises, whether the applicant is owner and operator of the business, how long the applicant has been in that business at that place, and other information as the Council may require from time to time. An application for an on-sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety and shall also contain the information required in this section. The form shall be verified and filed with the city. No person shall make a false statement in an application. B. Financial Responsibility. Prior to the issuance of any license under this ordinance, the applicant shall demonstrate proof of financial responsibility as defined in M.S.340A.409, as it may be amended from time to time, with regard to liability under M.S.340A.801, as it may be amended from time to time. This proof will be filed with the City and Commissioner of Public Safety. Any liability insurance policy filed as proof of financial responsibility under this section shall conform to M.S. 340A.409, as it may be amended from time to time. Operation of a business which is required to be licensed by this ordinance without having on file with the city at all times proof of financial responsibility to include liquor liability/dram shop, general liability, and workers compensation insurance coverage is a cause for revocation of the license. 1. Liquor Liability/Dramshop. Proof of financial responsibility shall be given by filing one of the following: a. A certificate that there is in effect an annual aggregate insurance policy for dram shop insurance of not less than statutory requirements per policy year to cover each person, each occurrence, property damage each occurrence, loss of means of support per person, loss of means of support each occurrence, and policy aggregate; or 2. A certificate of the State Treasurer that the licensee has deposited with him $100,000 in cash or securities which may legally be purchased by savings banks or trust funds having a market value of $100,000. C. General Liability. Proof of financial responsibility shall be given by filing a certificate that there is in effect for the license period an insurance policy or pool providing at least $50,000 of coverage because of bodily injury to anyone person in anyone occurrence, $100,000 because of bodily injury to two or more persons in any Page 7 of 17 City of Centerville Ordinance #13 (Liquor) 08/28/02 one occurrence, $10,000 because of injury to or destruction of property of others in anyone occurrence, $50,000 for loss of means of support of anyone person in anyone occurrence, and $100,000 for loss of means of support of two or more persons in anyone occurrence. D. Workers' Compensation Insurance. The policy limits for workers' compensation insurance shall be as provided for by state law. E. Additional Requirements. The liability insurance required by this section must provide that it may not be canceled for any cause by either the insured or the insurer unless the canceling party has first given ten days' notice in writing to the City of intent to cancel the policy. All corporations, partnerships, and associations must designate an Operating Manager. The Operating Manager must be a person designated by the licensed premises who is in charge of day-to-day liquor sales. Execution of Application If the application is by an individual, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an incorporated association, by the operating officer or managing officer thereof. If the applicant is a partnership, the application, license, and insurance policy shall be made and issued in the name of all partners. It shall be unlawful to make any false statement in an application. Falsification is a cause for revocation or denial of the license. Section 12. Description of Premises. The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. Except as for otherwise provided for herein. Section 13. Applications For Renewal. At least 90 days before a license issued under this ordinance is to be renewed, an application for renewal shall be filed with the city. The decision whether or not to renew a license rests with the sound discretion of the Council. No licensee has a right to have the license renewed. The general procedure for renewal is as follows: A. The city will mail all application forms by September 30 with a letter stating the timeframes and requirements for completion of the application process. The form used will be the Minnesota Department of Public Safety Renewal of Liquor, Wine of Club License (form PS9093-98 or the most current form used by Alcohol and Gambling Enforcement). Page 8 of 17 City of Centerville Ordinance #13 (Liquor) 08/28/02 B. Licensees will return the required forms to the city by October 30. C. Applicants are responsible to verify information on citations and violations with the Chief of Police prior to October 30 and submission to the city. D. The Council shall place on the agenda each year at the first scheduled Council meeting in November to review and hear testimony by any interested individual or party concerning the renewal of liquor licenses. This process allows for appeal of a denied license and the required approval frorn the state prior to the December 31 license expiration date. E. Approvals are contingent upon licensee proof of required payment of insurances, property taxes, and city utility bills. F. The application shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. Except as for otherwise provided for herein. G. The Chief of Police is requested to provide Council by October 15 each year, a summary of officer calls and the nature of those calls to licensed establishments. The Chief of Police is also requested to report a graphical depiction of alcohol related issues such as citations and arrests for driving under the influence or alcohol related infractions for the previous 3 year period. H. The City Administrator shall verify all information prior to issuing a license. Section 14. Transfer of License. No license issued under this ordinance may be transferred without the approval of the Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license. An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this ordinance applying to applications for a license shall apply. Death of Licensee In the event of the death of a person holding a license, the personal representative of that person shall be allowed to continue to operate the business within the terms of the license for a period not to exceed 180 days after the death of the licensee. Section 15. Investiaation. A. Preliminary background investigation. On an initial application for a license, on an application for transfer of a license and, in the sound Page 9 of 17 City of Centerville Ordinance #13 (Liquor) 08/28102 discretion of the Council that it is in the public interest to do so, on an application for renewal of a license, the city shall conduct a preliminary background investigation of the applicant or it may contract with the Commissioner of Public Safety for the investigation. The applicant shall pay with the application an investigation fee of $500 which shall be in addition to any license fee. If the cost of the preliminary investigation is less than $500, the unused balance shall be returned to the applicant. The results of the preliminary investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license. B. Comprehensive background investigation. If the results of the preliminary investigation warrant, in the sound discretion of Council, a comprehensive background investigation, the Council may either conduct the investigation itself or contract with the Commissioner of Public Safety for the investigation. The investigation fee for this comprehensive background investigation to be paid by the applicant shall be $500, less any amount paid for the initial investigation if the investigation is to be conducted within the state, and $10,000, less any amount paid for the initial investigation, in the investigation is required outside the state. The unused balance of the fee shall be returned to the applicant whether or not the application is denied. The fee shall be paid in advance of any investigation and the amount actually expended on the investigation shall not be refundable in the event the application is denied. The results of the comprehensive investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license. "', Section 16. Hearinq and Issuance. The Council shall investigate all facts set out in the application and not investigated in the preliminary or comprehensive background investigations. Opportunity shall be given to any person to be heard for or against the granting of the license at the first scheduled Council meeting in November for renewals or at the time of review for a new application. After the investigation and hearing, the Council in its sound discretion may grant or deny the application. No license shall become effective until the proof of financial security has been approved by the Commissioner of Public Safety. Should the City Council deny the applicant's request for a license due, partially or solely, to the applicant's prior conviction of a crime, the City Council shall notify the applicant of the grounds and reasons for the denial; the applicable complaint and grievance procedure as set forth in Minnesota Statutes, Section 364.06; the earliest date the applicant may reapply for a license; and that all competent evidence of rehabilitation will be considered upon reapplication. Section 17. Restrictions on Issuance. Page 10 of 17 City of Centerville Ordinance #13 (Liquor) 08/28/02 A. Each license shall be issued only to the applicant for the premises described in the application. B. No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges or other financial claims of the city are delinquent and unpaid. C. No license shall be issued for any place or business ineligible for a license under state law. D. No new license shall be granted within 500 feet of any school or church. The distance is to be measured from the closest side of the church or school to the closest side of the structure on the premises within which liquor is to be sold. The provisions of this paragraph shall not apply to any existing license existing on the effective date of this ordinance or to the renewal of an existing license as long as the establishment is in compliance with applicable zoning regulations. Section 18. Conditions of License. Every licensee is responsible for the conduct of the place of business. The act of an employee on the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this ordinance equally with the employee. The failure of the licensee to meet anyone of the conditions of the license specified below shall result in suspension of the license until the condition is met. A. Every licensee shall allow any peace officer or health officer to conduct compliance checks. B. No on-sale establishment shall display liquor to the public during the hours when the sale of liquor is prohibited. C. Compliance with financial responsibility requirements of state law and this ordinance is a continuing condition of any license. Section 19. Hours and Davs of Sale. A. The hours of operation and days of sale shall be as those set by M.S. 340A.504, as it may be amended from time to time. B. No person shall consume nor shall anyon-sale licensee permit any consumption of intoxicating liquor or 3.2 percent malt liquor in an on-sale licensed premises more than 30 minutes after the time when a sale can legally occur. Page 11 of 17 City of Centerville Ordinance #13 (Liquor) 08/28/02 C. No on-sale licensee shall permit any glass, bottle, or other container containing intoxicating liquor or 3.2 percent malt liquor to remain upon any table, bar, stool or other place where customers are served, more than 30 minutes after the time when a sale can legally occur. D. No person other than the licensee and any employee shall remain on the on-sale licensed premises more than 30 minutes after the time when a sale can legally occur. E. Any violation of any condition of this section may be grounds for revocation of suspension of the license. Section 20. Restrictions Involvinq Underaqe Persons. A. No licensee, his agent, or employee shall serve or dispense upon the licensed premises any intoxicating or 3.2 percent malt liquor to a person under the legal drinking age; nor shall such licensee, or his agent or employee, permit any such person to be furnished or allowed to consume any such liquors on the licensed premises; nor . shall such licensee, his agent, or employee, permit any such person to be delivered any such liquors. B. No person under the legal drinking age shall enter a licensed premises for the purpose of purchasing or consuming any alcoholic beverage: C. No person under the legal drinking age shall consume or receive delivery of intoxicating or 3.2 percent malt liquor. D. No person under the legal drinking age shall possess any intoxicating or 3.2 percent malt liquor. Possession of an alcoholic beverage by a person under the legal drinking age at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the person's parent or guardian. E. Misrepresenting Age. No underage person shall misrepresent the person's age for the purpose of obtaining intoxicating liquor or 3.2 percent malt liquor, nor shall the person enter any premises licensed for the retail sale of intoxicating liquor or 3.2 percent malt liquor for the purposes of purchasing or having served or delivered any alcoholic beverage. Nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for the underage person any intoxicating liquor or 3.2 percent malt liquor. F. Identification Requirements Page 12 of 17 City of Centerville Ordinance #13 (Liquor) 08/28/02 1. Identification Required. Any person shall, upon demand of the licensee, his employee, or agent, produce and permit to be examined one of the forms of identification provided under Minnesota Statutes Section 340A.503, subd. 6. 2. Prima Facie Evidence. In every prosecution for a violation of the provisions of this section relating to the sale or furnishing of intoxicating liquor or 3.2 percent malt liquor beverages to underage persons and in every proceeding before the Council with respect thereto, the fact that the underage person involved has obtained and presented to the licensee, his employee or agent, a driver's license, passport or identification card from which it appears that said person was not an underage person and was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not willful or intentional. Section 21. This Section has been left blank for future use. Section 22. Revocation or Suspension of License. The Council may suspend or revoke any license for the sale of intoxicating or 3.2 percent malt liquor for any of the following reasons: A. False or misleading statements made on a license application or renewal, or failure to abide by the commitments, promises or representations made to the City Council. B. Violation of any special conditions under which the license was granted, including, but not limited to, the timely payment of real estate taxes, and all other charges. C. Violation of any Federal, State, or local law regulating the sale of intoxicating liquor, 3.2 percent malt liquor, or controlled substance. D. Creation of a nuisance on the premises or in the surrounding area. E. That the licensee suffered or permitted illegal acts upon the licensed premises or on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to the sale of intoxicating liquor or 3.2 percent malt liquor. Page 13 of 17 City of Centerville Ordinance #13 (Liquor) 08/28/02 F. Expiration or cancellation of any required insurance, or failure to notify the City within a reasonable time of changes in the term of the insurance or the carriers. Section 23. Hearina Notice For Revocation or Suspension of License. Revocation or suspension of a license by the City Council shall be preceded by public hearing conducted in accordance with Minnesota Statutes Section 14.57 to 14.70. The City Council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least 10 days prior to the hearing, include notice of the time and place of the hearing, and state the nature of the charges against the licensee. Section 24. Prohibited Conditions. A. Prostitution. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly under the licensee's control to be used by prostitutes. B. Controlled Substances. No licensee shall knowingly permit the sale, possession or consumption of controlled substances on the licensed premises in violation of state law. C. Gambling. Gambling and gambling devices, with the exception of licensed charitable gambling organizations, are not permitted on licensed premises. State lottery tickets may be purchased and sold within licensed premises as authorized by the director of the state lottery. Section 25. Inactive License. The City Council may revoke the intoxicating liquor or 3.2 percent malt liquor license of any establishment granted a license that is not under construction and exhibiting satisfactory progress toward completion within 6 months from its issuance, or any establishment that ceases operation for a period of 6 months. A hearing shall be held to determine what progress has been made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated, the Council may revoke the license. Section 26. Buildina Chanaes. Proposed enlargement or substantial alteration which changes the character of the establishment, or extension of premises previously licensed shall be reported to the City Clerk at or before the time application is made for a building permit for any such change. The enlargement, substantial alteration or extension shall not be allowed unless the Council approves an amendment to the license. Section 27. Public Character of Liauor Sales. Page 14 of 17 City of CenteNille Ordinance #13 (Liquor) 08/28/02 No sale of liquor shall be made to or in guest rooms of hotels unless: A. the rules of such hotel provide for the service of meals in guest rooms; B. the sale of such liquor is made in the manner on-sales are required to be made; C. such sale accompanies and is incidental to the regular service of meals to guests therein; D. the rules of such hotel and the description, location, and number of such guest rooms are fully set out in the application for the liquor license. Section 28. Presumptive Civil Penalties. A. Purpose. The purpose of this Section is to establish a standard by which the City Council determines the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this ordinance. These penalties are presumed to be appropriate for every case; however, the Council may deviate in an individual case where the Council finds that there exist substantial reasons making it more appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the State or City to prevent the sale of alcohol to minors. When deviating from these standards, the Council will provide written findings that support the penalty selected. B. Minimum Penalties for Violations. The minimum penalties for convictions or violations must be presumed as follows (unless specified, numbers below indicate consecutive days' suspension): The following violations require revocation of the license on the first violation: . Commission and/or of a felony related to the licensed activity. . Sale of alcoholic beverages while license is under suspension. . Sale of intoxicating liquor where only license is for 3~2' percent malt liquor. Any violation not listed in the previous information would be heard by the Council and they would review all information and circumstances and determine a penalty with the maximum fine of $2,000 and/or 50-day suspension or determine the license should be revoked. l Page 15 of 17 City of Centerviile Ordinance #13 (Liquor) 08/28/02 License holders have the right to request a hearing before the City Council if not in agreement with the presumptive penalty. The City Administrator also has the right to request a hearing before the Council if he/she/they believe there exists substantial reason making it appropriate to deviate from the presumptive penalty. If the City Administrator and licensee agree on the presumptive penalty, these will be reported to the City Council in a staff report. C. Multiple Violations. At a licensee's first appearance before the Council, the Council must act upon all of the violations that have been alleged in the notice sent to the licensee. The Council in that case must consider the presumptive penalty for each violation under the first appearance column in subsection (B) above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's discretion. D. Subsequent Violations. Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unles~ the City Administrator and licensee agree in writing to add the violation to the first appearance. The same procedure applies to a second, third, or fourth appearance before the Council. E. Subsequent Appearances. Upon a second, third, or fourth appearance before the council by the same licensee, the Council may impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this Section. F. Computation of Violations. Multiple violations are computed by checking the time period of the three years immediately prior to the date of the most current violation. G. Other Penalties. Nothing in this Section shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, impose a civil fine not to exceed two thousand dollars ($2,000.00), to impose conditions, or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing in the manner provided in this Chapter. H. Notification. If a licensed establishment is cited for a violation of this ordinance, the Chief of Police must provide a letter of notification to the licensee and the City Council through the City Administrator within 30 days after the violation occurred. I L Page 16 of 17 . City of Centerville Ordinance #13 (Liquor) 08/28/02 Regular Penalty Grid: Type of First Second Third Fourth License Violation Violation Violation Violation On-sale $500 and $1,000 and $2,000 and Intoxicating 5 Days 1 0 Days 15 Days Revocation Liquor Suspension Susoension Suspension Off-sale $500 and $1,000 and $2,000 and Intoxicating 3 Days 7 Days 12 Days Revocation Liquor Suspension Suspension Suspension On-sale $500 and $1,000 and $2,000 and Beer and 5 Days 10 Days 15 Days Revocation Wine Suspension Susoension Suspension Off-sale $1,000 and $1,500 and $2,000 and 3.2 Malt 1 0 Days 20 Days 40 Days Revocation Suspension Susoension Suspension Section 29. Effective Date. This ordinance shall be effective immediately upon the date of its publication. Adopted by the City Council of Centerville this 28th day of August, 2002. ISiqnature on File) Tim Swedberg Mayor Attested: ISiqnature on File) Teresa Bender City Clerk Page 17 of 17 :~ ";/" , , A ,'.\ , 'I 'I 1 ~~.A~tiJ0t~ '~~:t~;):- ;~~;'~:'c.;-'':'.~; ,.;;" i~if)jo) .!:~ ::' . '.' , , ;,' ,'~fj i,,'fAl,il....<i<,!\i(;,~ ,n~;1~~~;~:,~~J.~~~:;' ,~~t:.;-;~~ I"~ ';"1 . ',,;;,- .~)gf ~ 1 -~, l ! -, j j " 1 i , .. L- :' t~J~;" ";?: :---.._~--~--'--,-_._--_._-~-".._-_._._~---'-':'::"""~ I ".) t" '~.,:,,~., .....,,,;;.,- tervi[[e 'Estab{isfid 1857 1880 Main Street . Centeroiere, M9{ 55038 (651) 429-3232 . 'FfLlC (651) 429-8629 February 18, 2003 Ms. Michelle Lakso 1850 Houle Circle Centerville, MN 55038 Dear Ms. Lakso: The City Council of the City of Centerville appointed you to the Planning and Zoning Commission at their February 12, 2003 meeting. The next Planning and Zoning Commission meeting will take place on Tuesday, March 4, 2003 at 6:30 p.m., or shortly thereafter, in Council Chambers. You will receive a packet at your residence the Friday prior to the meeting. The Commission and the City are eager for your input and participation. If you have any questions, please feel free to contact me. Sincerely, ( ~,.~ ' . . ~C....~--' ...'/ .J / '"'. Moore-Sykes '! - . City Administrator KMS/tdb I ervi[[e 1880 :Main Street . CenterviI[e, :M'J{ 55038 (651) 429-3232 . 'Fa!( (651) 429-8629 February 18, 2003 Ms. Jennefer Klennert Hunt 7246 Brian Drive Centerville, MN 55038 Dear Ms. Hunt: As you are aware, the City Council of the City of Centerville appointed you to the Planning and Zoning Commission at their February 12, 2003 meeting. The next Planning and Zoning Commission meeting will take place on Tuesday, March 4, 2003 at 6:30 p.m., or shortly thereafter, in Council Chambers. You will receive a packet at your residence the Friday prior to the meeting. The Commission and the City are eager for your input and participation. If you have any questions, please feel free to contact me. Sincerely, ~1:h:-~ _ / 1-rJ;;;~ore-SYkes I City Administrator KMS/tdb ervi{{e 1880 :Main Street . CenterviJ[e, 9vf2{ 55038 (651) 429-3232 . :F1l;((651) 429-8629 February 18, 2003 Ms. Kathy Peil 1859 - 73m Street Centerville, MN 55038 Dear Ms. Peil: The City recently received your letter regarding interest in becoming a member of the Planning and Zoning Commission. I regret to inform you that recently the Commission appointed two other interested individuals. The Commission will retain your letter of interest if another vacancy should occur. Thank you for your interest in the Planning and Zoning Commission and your current participation in the Parks and Recreation Committee. Without active members of the community serving, the City of Centerville would not be what it is. Again, thank you. If you have any questions, please feel free to contact me. :;;J~ Kim Moore-Sykes City Administrator KMS/tdb