HomeMy WebLinkAbout2009 02-10 CCPCity of Gem Lake, MN
City Council Meeting
February 10, 2009
Call To Order Of City Council Meeting — By Mayor Uzpen. at 7: P.M..
Call Of Roll
Uzpen__ Artig;SwornleyT_ Lindner_ Rasmussen__ Watson_
Others in Attendance: Sign-up Sheet
Approval of City Council Minutes and Agenda
s. Minutes of City. Council meeting of January 20, 2009
• City Council. Agenda for this meeting (Accept)
Committee Reports
Planning Commission February meeting report (Accept)
Public Notices
None
Old Business
• City Newsletter -Next Addition
o March Newsletter -ideas
• CPR Training Update
o Use of Gambling Funds -Trevor
o Status Update -Gretchen
• City MS4 Report for 2008-Watson Update
New Business.
• Discussion with the City Treasurer about changing the way we pay bills
o Resolution 2009-02
+ Approval of payment for the February claims.
• Planning. Commission Appointment and HVAC Service. Contract
o Resolution 2009-03
• Renewal of Country Lounge Liquor License (Document to hehanded out at meeting).
• Changes to Ordinance. No. 93 Unpaid Sewer Charges -Trevor
Changes to Ordinance No. 94 Procedures for Liquor License -Trevor
• Changes to Ordinance No. 98 Partial Payment of Assessment for. Local Improvement Ordinance
■ New Ordinance l 06 Dangerous dogs
• January. Financial Report
• Discuss Sign Ordinance 43 R section l.5
▪ Discuss E-mail communication
• Vadnais. Heights Sports Complex
• Open Discussion
Future City Council Meeting
• Next Workshop meeting March 2, 2009 at 7:00 P.M.
• Next City Council meeting March 17, 2009 at 7:00 P. M.
Adjournment
• The meeting adjourned. at
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESO.TA
ORDINANCE NO. 94
AN ORDINANCE TO PROVIDE FOR UNIFORM PROCEDURES FOR LIQUOR
LICENSE REVIEW AND FEE COLLECTION, AND AMENDING EXISTING
ORDINANCES RELATING TO THE SALE. OF LIQUOR IN THE CITY OF GEM
LAKE
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
Section I. General. Licensing .Provisions -and 1>roecdures.
1.1: The.. City Clerk shall be responsible fcijirocessini, and isso.inocity licenses governed
bv this chapter.
.2 Revocation acid suspension of. licenses:
1.2.1 The .City. Council :shrill have the power to-suspend:Or revoke the iicense.:u1'
any person licensed under this. chapter. Rnmd_to be in violation of the tennis of
their license .or- Other.applicable laws, providing the person holdi w, such license' is
given 20 days' notice and granted the opportunity. to be heard before such action.
is taken, and when such notice is sent tol the legp) address of the licensee and .
he fails or refuses to appear at the hearing, his license will be antoniaticalliy
suspended or revoked five days after:the date of the hearing.
1.2.2 When.a license is suspended under•1.2.1, the_peiiod of suspension shall not
be less than 30 days nor i oic than one year; such_perio.d being determined by the
city council.
1.2.3 When anv person holding a license_ issued :under this Code has been
convicted: for the second time h?y amcourt..11l.cot1ipetet-4 jurisdiction for violation Of
any of the seetions .iaf .this chapter relating, to the,sub,jcct matter or the license_ the
city council shall revoke the license or the person so..convicted. Suet) Heroin nrav_
not make application fora ne..v license fair a .period of one year.
1.3.Enforcement and Penalties. In addition to anv fines: cOsts,.or. assessments provided
for by this chapter or other portions of City Code. the City may prosecute 2r violation of.
ally provision of this chapter as a misdemeanor, and a person, if convicted, may be
punished by the tnaX'intuilr fineand term of imprisonment provided by Minnesota
Statutes fi 609 02, saihd: 3, as that statute nlay be amended from time to time:.
Section 2. FEES. Unlessotherwise st ecilieally or er_pressly provided, the amount of
fees due the city :for the licensedactivities described in this chapter shall be set from tine
to time by the City Council. and a schedule of such lees shall be on tile and aVailablc.For
inspection:by the ptiblic.
Section 3. AMENDMENT. Sections 2, 3., 4 and 5 of Ordinance. 9 are hereby amended
as follows:
Section 2. License:Required.
2.1. No person,. except wholesalers .or'•manufacturers to the extent.. authorized
•under state license, .shall. directly or indirectly deal .in, sell,. or keepfor sale any
intoxicating 'liquor without first having. received .a: license to do so as provided in
this ordinance. Liccnses shall be. otwo k.ind4-" .. on sale` `.-
2.2. =On sale"• liciuor licenses shall be issued only to restaurants:, clubs, and.
exclusive "on sale" liquor stores and shall permit "on:sale" of liquor only.
2.3. On sale wine licenses shall .be .issued. only •to restaurants• with .facilities for•
.seating at least 2.5. guests at One nine, and shall permit the..sale •of wine up to 14°/Q
alcohol by volume for consumption with the sate: Of food.
2.4 Sunday on sale liquor licenses•• shall be issued only to restaurants or. clubs
with seatin paeity iC7r at bast 30jyrsons which hold a regular on. sale.liquor
license and shill permit the wile ol` iiitoxicaiiin litiuor for' coustimption en the
preniises in con•i• Jnct.RM1 With the. sift of food between the hours of 1.0:00 a.ni. on
Sundays: and 2.:00 a.m on Mondays_
2. . 'Off sale" licerts.es .shall. be..issued only to "'off sale" exclusive liquor stores
and shall permit "offsales" of li.g.lior only.
Section 3. Application for License.
3.I. Every application for a license to sell liquor shall be verified and filed with
the City Clerk. It shall state the. name of the applicant, his age, representations.as
to his character, with such references -as rriay be required, his Citizenship, whether
the applicri ion iS for -en saks� or "off sales.' the type of licenSe applied for, the
business in connection with which the proposed license will operate: and its
• location and type of building; whether the applicant is. owner and operator of the.
business, how Jong he has been in that business at that place, and such other
information as the council may require from time to time. In. addition to.
containing such .information, •each appl.ic.ation for :a license shall, be in the .form
prescribed by the. State • Con1missianer of Public Safety. No• person :shall make a
.false statement in an application.
3.2. Each application fora license shall be accompanied by the minimum proof of
financialresponsibility required by Minnesota Statutes Section 340A.409 (subd.
1) and any amendments thereto or substitutes therefore that may from time to time
become effective.
3.3. The proof of financial responsibility offered under Subdivision 2 shall be
approved by the City Council and in the case of applicants for off sale licenses by
the State Commissioner of Public Safety. Liability insurance policies shall be
approved as to form by the City Attorney. The operation of such off -sale or on -
sale liquor business without having on file at all .tunes with the municipality the
proof of financial responsibility required in Subdivision 2 shall be grounds for
immediate revocation of the license.
Section. 4. License. Fees.
4.1. Each application for a license shall be accompanied by a receipt from the City
Treasurer for payment in full of therequired fee for the license. AI1: fees shall be
paidinto the general fund of the municipality. Upon rejection of any application
for a license, the treasurer shall refund the amount paid.
4.2. All licenses shall expire on the last day of December of each year. Each
license shall be issued for a period of one year except that if a portion of the
license year haselapsed when the application is made, a license may be issued for
the remainder of the year for a pro rata fee. In computing such fee, any unexpired
fraction of.a month shall becounted as one month.
1.3. 'I'he annual fee for tin "on sate" liee} T7c tee:- --.mod' -lhe annual fee for
a• Special Sunday "of., sale" license 1.1- 3e 2 01:--4=1- -a n-cia-1 ALL -to- Tm•-Lef
sale" license shall be $ 150.0.0.
4.4. No refund of any fee shall be permitted except as authorized under Minnesota
Statutes, Section 340A.408.
Section 5. Granting of. Licenses.
5.1. The City Council shaII investigate all facts set out in the application.
Opportunity shall begiven to any person to be heard for or against the granting of
the license. After suchinvestigation and .hearing, the City Council shall grant or
refuse the application in its discretion_ No "off sale" license shall become
effective until it,together with the proof of financial responsibility furnished by
the applicant, has been approved by the State Commissioner of Public.. Safety.
5.2 An applicant seeking an `'on -sale" license shall pal an investioation fee with
the required annual license .lee. f r investigation .outside the State of Minnesota is
required by the city council or the State .C'onirnissioner of Public Safety, the
applicant shall pay the actual cost of the investigation. up to S 10,000.0.0., prior to
any action to approve or deny the license:
5.23 Each license shall be issued to the applicant only. Each license shall be
issued only for the premises described in the application. No license may be
transferred to another person or to another place without the approval of the City
Council.
Section 4. AMENDMENT. Sections 3 and 6 of Ordinance 65 are hereby amended as
follows:
Section 3. Definitions.
3.1. The term "non -intoxicating liquor" shall be deemed to include:
- ii—e--wc .hol--elms-eiii frf' not-t ve-than fourteen (-I-444±pereeni
i
by -volume: and-.
b3-beer or malt liquor with an alcoholic content of more than one-half
(O.5%) percent by volume and not more than three and two -tenths (3.2°%a )
percent by weight.
Section 6. License Fees.
6.1. Each application for a license shall be accompanied by a receipt from the City
Treasurer for payment in full of the required fee for the license. All fees shall be
paid into the general fund of the municipality. Upon rejection of any application
for a .license, the treasurer shall refund the amount paid.
6.2. All licenses shall expire on the last day of December of each year. Each
license shall beissued for a period of one year except that if a portion of the
License. year has elapsed when the initial application:. is made, a license may be
issued for the remainder of the year. However, the fee shall be annual only and
shall not be pro -rated.
6.3. The annual fee ti-v-ate .0-R,-le(sl" r + it3 i erase shall be
n 4 r ar ee E-,.. , c, „ '.,r 5iuiday "On Saleisl" non intoxicating.
lic, Y. i-eebw „h•.!1 l V 444, lfi "i'1 " 144LS 1 (.1*' I'_ I. IF
• i- .. .� ..,,. .f3i�}1.Fi fee for an---�-n:;rrrr�Tt�—rccCirTc :��rm�rr.
be . 150.00.
6.4. No refund of any fee shall be permitted except as authorized by the City
Council.
Section 5. SEVERABILITY. Should any section, subdivision, clause or other
provision of this Ordinance be held to be invalid in any court of competent jurisdiction,
such decision shall not affect the validity of the Ordinanceas a whole, or of any part.
hereof, other than the part held to be invalid.
Section 6. EFFECTIVE DATE. This Ordinanceshall take effectand be in force from
and after its passage and publication.
Dated:.
Robert Uzpen, Mayor Sill Short, City Clerk
Published in the White Bear Press. on , 2009.
CITY OF GEM LAKE, MN
City Hall 4200 Otter Lake Road
Gem Lake, MN 55110-3763.
Telephone 651-747-2790
E-mail Cit_y(&,gemIakeMN,org
To: Planning Commission, City Planner, City Council, Mayor Uzpen, Council
Member Lindner
From:.Craig Rafferty,..Planning Commission Chair
GEM LAKE PLANNING COMMISJON AGENDA,
Feb. 3, 2009
Place: Heritage Hall
1. Minutes Review and Approval from Planning. Commission Meeting Jan. 6, 2009
2. Review Lindner findings re: SHE discussion of Gem Lake Comp. Plan omissions.
3. DiscussJan 27, 2009 Vadnais Heights Public Hearing response request
4. ❑iscuss Draft 2008 Ramsey County Comprehensive Plan Review and Comment Request
5. Discuss Goals for 2009
6. Other business
End
Look forus on the World Wide Web at.gemlakemn.or'g
City of Gem. Lake, MN
Resolution No. 20..09: -- 02
•February 1.0, 2009
A RESOLUTION TO AUTHORIZE THE CITY TREASURER TO PAY FIXED,
CONTRACTUAL AND EMERGENCY EXPENSES AS RECEIVED.
WHEREAS the City of Gem Lake has entered into a contractual agreement for city
services in order for the city to carry out its business;
WHEREAS utility companies and other routine service providers present bills for
payment throughout the rnonth to the City for payment;
WHERAS the City Council only meets once a month to authorize payment of claims;
WHEREAS the City loses opportunities to save rnoney through early -payment discounts
or by avoiding late -payment fees by requiring these bills to wait for approval of claims at
the Council meetings;
NOW, THEREOFRE, BE IT RESOLVED. that the City Council of Gem Lake,:. Ramsey
County, Minnesota hereby authorizes its City Treasurer to make immediate payment of
monthly utility service bills and other routine service bills which are due and payable by
the City upon .receipt of said bills, and to present those payments for ratification by the
City Council at the next scheduled meeting at which claims: are approved.
The foregoing Resolution was offered by Council Member and was
seconded by Council Member and was declared adopted upon
the following vote:
NAME Uzpen Watson Rasmussen Lindner Artig-Swomiey
VOTE.
ATTEST
1, William Short, the duly qualified City Clerk of the City of Gem Lake, County of
Ramsey, State of Minnesota, do hereby certify that the foregoing resolution is a true and
accurate representation of action taken by the City Council of the City. of Gem Lake on.
the date first written.
William Short, City Clerk Date.
Claims For Payment
CITY OF GEM LAKE
REVISED
Robert t3zpen, Mayor
Chuck Watson, Council
Jim Lindner, Council
Gretchen Artig-Swornley,Council
Tom. Rasmussen, Council
Jessie Hart, Treasurer
Period Ending:
02/10/2009
Signatures Approving Claims
Date of Approval
Fund Totals
$ Amount
General. Fund
Parks & Playgrounds
2004 Debt Service Fund.
2006 Debt Service Fund
2007 Debt Service Fund
City Hall Construction Fund
Sewer Fund
24, 231.46
0.00
0.00
0.00.
0.00.
0.00
2,135,07
Total All Funds
26,366:53
219109 at 12:24:22.38
Page: 1
City of Gem. Lake
Check Register
For. the Period From Feb 1, 2009 to Feb 28, 2009
Filler: Criteria includes' Report order is by Check Number.
Check #< Date. Payee Amount
7575 2/10/09 Gretchen:Artig-Swomiey 261.61
7576 2110109 Ryan Green 50,00
7577 2/10/09 Todd Kirchhammer 360.80
7578 2/10109 League of Minnesota Cities 855.00
7578V 2110/09 League of Minnesota Cities -855.00
7579 2/10/09 Minnesota Conway Fire & Safety inc. 57.35
7.580. 2/10/09 Press Pubiications 304.23
7581 2/10/09: QWEST 92.18
7582 2/10/09 Ramsey Cty League of Local. Governments 100_0C
7583 2/10209 Ramsey County 6,907,59
7584 2/10/09 City of. Roseville 1,567.84
7585 2/10/09 Robb Cason Law Offices, PLLC 270,00
7586 2/10/09 T.A..Schifsky:& Sons, Inc. 3,815.70
587 2/10/09 Waste Management
7588 2/10109 City of White Bear Lake: 2,973.18
758a 2/10/09. White Bear Township :5,380:13
7590. 2/10/09 VOID
7591 2/10/09 Xcel Energy 683.82
7592 2/10/09 Metropolitan Council 1;622.72
7593. 2/10/09: fine Call Concepts 104,35
7594 2/10/09 Waste Management 345.03
7595 2/10/09 Kelly & Lemmons, PA 680.00
7596 2/10/09 League of Minnesota Cities 790:.00
Total 25,366..53
V9/09 at 12:24
City of Gem Lake
Cash Disbursements Journal
For the Period From Feb 1, 2009 to Feb 28, 2009
Filter Criteria includes: Report order is by Check Number. Report isprinted in Detail Format.
Page: 1
Date Check # Account ID Line Description Debit Amount Credit Amount
2/10109 7575 100-41900-352 January 2009 Gem Lake News 261.S1
100-10100 Gretchen Artig-Swomley 261.61
2/10/09 7576 100-41900-322 Web Site Maint & Hosting - February 2009 50.00
100-10100 Ryan Green 50.00.
2110/09 7577 100-41940-300 Cleaning Heritage Hall - 1/18 to 2/15/2009 240_00.
100-41940-210 MaintiCleaning Supplies - Heritage Hall 113.90
100-41940-250 Sales Tax - Heritage Hall . 8.90
100-10100 Todd Kirchhammer 360:80
2/10/09 7578
100-41100-310
100-41100-310
100-41100-310
100-10100
Bob Uzpen -Newly Elected Officials Conf
Gretchen Artig-Swomley - Experienced Officials Conf
James Lindner - Newly Elected Officials Conf
League of Minnesota Cities
285.00
285.00
285.00
855.00
2/10/09 7578V 100-41100-310 Bab Uzpen - Newly Elected Officials Conf 285.00
190741100-31.0 Gretchen Artig-Swomley - Experienced Officials Conf 285.00
100-41100-310 James Lindner- Newly Elected Officials Conf 285.00
100 10100. League of Minnesota Cities 855.00
2/10109 7579 1:00-41940-300 Annual Inspection of Fire Extinguishers'• Heritage Hall 57.35
100 10100 Minnesota. Conway Fire & Safety Inc. 57.35
2119/09 7580 100-41900-351 Legal Publication- Ord 105 304.23
100=10100 Press. Publications 304.23
2/10109 7581 100-41940-321 Phane'Services 1/13/09. - 2/12/09 92.18
100.10100 QWEST 92,1.8
2/10/09 7582 100-41900-.436 2009 Membership Dues 100.00
100-10100 Ramsey Cty League of Local Governments 100.00
2/10/09 7583 100-42100-305 Sheriff Services - January 2009 6,648.23.
100-42100-307 Dispatch Services -January 2009 205.50
100-41900-351 Truth in Taxation Notice Reimb 53.86
100-10100 Ramsey County 6.907,59
2/10/09 7584 100-41500-334 Nov -Dec 2008 JTPWR 207.84
100-41500-334 Jan -Dec 2009 JTPWR 1,360.00
100-10100 City of Roseville 1,567.84
2/10/09 7585 100-41600-303 Prosecution -January. 2009. 270 60
100-10100 Robb bison Law Offices, PLLC 270.00
2/10/09 7586 100-43125-225 V9.29/09 - Salt & Sand 1,530.00
100-43125-250 1/9-29/09.- Sales Tax 99.45
219109 at 12:24
City of Gem Lake
Cash Disbursements. Journal
For the Period From Feb 1, 2009 to Feb 28, 2009
Filter Criteria includes: Report: order is by. Check Number. Repori is printed in Detail Format.
Page: 2
Date Check # Account ID Line Description Debit Arnount Credit Amount
100-43125-404 1/9-29/09 - Sanding 1,650..00
100-43125-404 1/9-29/09 - Snow Plowing 536.25
100-10100 T.A. Schifsky & Sons, Inc.
2/10/09 7587 100-41900-384 February 2009 Services
100-10100 Waste Management
2110/09 7588. 100-42200-312 January 2009 Fire inspection Contract: 310.84
100-42200-311 January 2009 Fire Services Contract 1,175.75
100-42200-312 February 2009 Fire Inspection Contract 310.84
100-42200-311 February 2009 Fire Inspection Contract 1.,17.5.75:
100-10100 City of White Bear Lake
2/10/09 7589 100-41400-308 Clerk 425.00
100-41500-329 Treasurer 2,405.00
100-42401-313 Building Inspector 750.00
100-41910-308 Planner 204.00
100-42401-316 Secretary 121.00
100-41400-308 Paralegal 470.00
100-41500-329 Accounting Clerk 408.00
100-41940-400 Pubtic•Works Coordinator 75.00
100-41400-200 Supplies/Postage/Mileage 114.13
600-44100-329 Accounting Clerk 408.00
600-10100 CASH - 600
100-10100 CASH- 100 405.00
100-10100 White Bear Township
2/10/09 7590 100-10100 VOID
2/10/09 7591 100-41940-38.1 HH - Electric 111.1131109 277:59
1.00-41.940-383 HH - Gas 1/1-1/31/09 406.23
100-10100 Xcel Energy
2/10/09 7592. 600-44100-318 Wastewater Service - March 2009 1,622.72
600-10100 Metropolitan Council
2/10109. 7593 600-44100-319 January 2009 Locates 4.35
600-44100-319 2009 Annual User Fee 100.00
600-10100 One Call Concepts
2/10/09 7594 100-41900-384 February 2009: Services: 345.03
100710100 Waste. Management
2/10/09 7595 100-41600-304 General Counsel _ January.2009 665.00
100-41600-335 Land Use Issues - January 2009 15.00
100-10100 Keity & Lemmans, PA
3,815.70
2,973.18
408.00
5.380,13
683.82
1,622.72
104.35
345,03
680.00
219109 at12:24 F Page: 3
City of Gem Lake
Cash Disbursements Journal
For the Period From Feb 1, 2009 to Feb 28, 2009
Filter Criteria includes: Report order is by Check: Number. Report is printed in Detail Format.
Date Check # Account.1D Line. Descr€ptian .Debit Amount Cred€t.Amount
2/10/09 7596 100-41100-310 Bob Uzpen - Newly Elected Officials Conf 285.00
100-41100-310 Gretchen Artig-Swomley Experienced Officials Cong 220.00
1,00-41100-31.0 James Linder - Newly Elected Officials Conf 285.00
100-10100 League. of Minnesota Cities 790.00
Total 28,484.53 28,484.53
City of Gem Lake, MN
Resolution No. 2009 — 03
February 10, 2009
A RESOLUTION APPOINTING INDIVIDUALS AND FIRMS TO PERFORM THE
FUNCTIONS NECESSARY FOR SUPPORTING THE GOVERNING BODY OF THE
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA.
WHEREAS, the individual and company identified have agreed to serve in the appointed
positions. identified for the. period 01 February 2009 to 3. 1 January 2010 or until replaced
by another in an updated resolution.
Planning Commission
Daniel Patrick Marier Commissioner
Contractors for City services
Heating and Air Conditioning Contractor - White Bear Mechanical
The foregoing. Resolution was offered by Council Member and
was seconded by Council Mernber and wasdeclared adopted
upon the following vote:
NAME Uzpen Watson Rasmussen Lindner Artig-Swornley
VOTE
ATFEST
I, William Short, the duly qualified City Clerk of the City of Gem Lake, County of
Ramsey, State of Minnesota, do hereby certify that the foregoing resolution: is a true and
accurate representation of action taken by the City Council of the City of Gem Lake on
the date first written.
William Short, City Clerk
Date
MEMORANDUM
TO: CITY COUNCIL
FROM: PATTI WALSTAD
DATE: FEBRUARY 5, 2009
SUBJECT: COUNTRY LOUNGE
It is once again time for the City Council to approve issuance of licenses to the
Country Lounge located at 3590 Hoffman Road. The Country Lounge holds the
following licenses:.
+ On -Sate &5 Sunday Liquor License
• Tobacco Safes
• charitable Gambling
All tees have all been paid and insurance information received.
Also, pursuant to State Law, in order for an establishment to be open until 2:00
a.m., the local government must approve the application. Attached is the
Renewal Application for Optional Liquor 2 AM for the Country Lounge.
Requested Action:
Approve issuance of the fallowing licenses for the period of January 1, 2009
through December 31, 2009, for the Country Lounge, 3590 Hoffman Road:
t On -Sale and Sunday Liquor License
t Tobacco Sales License
• Charitable Gambling License
t Renewal of Optional Liquor 2 AM.
and authorize execution by the Mayor and Clerk and further authorize staff to
forward to the Alcohol and Gambling Enforcement Division of the State of
Minnesota.
PSW/s
cc:add/admin.file
b_country=off
Minnesota Department of Public Safety
Alcohol and Gariibling Enforcement
444 Cedar Street, Suite i 33
St..Paul. MN 55.101.5133
01.201-7507 •Try 651.282=6 55 • Fax 65.1.297-5259
RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES
Na license will be approvedor released until the S20 Retailer ID Card fee is receiyed.by MN Liquor Control • (3.2 1c Licenses. exempt)
Licensee: Please verify your Iicense information contained below. Make corrections if necessary and sign. City
Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license
period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license
cancefla tlon.
:License Code DHSS License Period Ending 7. Y 1 r`a'17.,1 8# aziae,
City/Crnuity where license approved. -iain L= i.:
Licensee Name
Trade Name.
Co Lint r,y Lot! �ga Tiic:.
Cat_tritr'yr LD•r.rnj
Licensed Location address
City, State, Zip Code.
Business .Phone
N lH 7 f f to :i : R _I
e tii Li-,rrl r:l 5.54 1. �, t
t�5:1r 84-477t
LICENSE Ff`.ES: Off Sale.$
On Sale S Sunday $
By signing.tfiis renewal applicaiinnk,734plitant certifies tbat.there has beeiNEdaxait in ownership on the alit: .14a s'I
licensee. Far changes in own.ersbip, the licensee: named above, or for new licensees, full' applications should beused. See
back. of this.applicatioo for further information needed to.compleie this renewal.
A.pp]icanr,s sign tare tin this re elf waf c firm the following: Failure to• report any of the foilowjng.wif 05n1t in.fines,
1.:. Licensee confirms it.has no interest whatsoever; directly or. indirectly:in arty other liquor establishments in
Minnesota. If so give details on back of. this ap.plication..
2. Licensee confirms that it has never had a liquor Iicense rejec.tcd by any cityltowrishiplcourity in the sate of
Minncsota..Lf ever rejected, please :give. details on. the hack of this. renewal, then sign below.
.3. Licensee .confirins.. that for the past five years it has not had a ii.quo.r. license revoked for any liquor law violation
(state. or local). If a revocation has occurred; please: give details on the back of this renewal. then sign below.
4. Licensee.. confirms. that during the past five years it or its employees have not•becn convicted of any criminal
•violations or imposed with .any .civil penalties. if so, please•report on back of this:application.
5. Licensee confirms that dur•ing•the past license year„a sumrrions has not been issued under the Liquor Liability
Law (Dram Shop) MS 340A..802. if yes, attach. a..eupy Of the summons, tben.sign below,
Licensee confirms that Workers Compensation insurance. is in effect for the full license period.
• Licensee bas:attached a liquor liability insurance certificate that corresponds with the license. period in city/county
where license.is issued. $1.00,000 in cash or securities or $1i00,000.surety bond.may be submitted in Ben of fig uorliabil-
ity,e (3.2%e liiquor.licenses are emptif sales are less than $25,000.at on sale, or $50,00o.at off sale)..
os
.(Signature certifies A11above information to be correct. and Iicense has been.approved by. city/county.)
City.Cierk(County Auditor Signature 0,,ie
(Signature certifies that renewa.] of a liquor,. wine•or.club license has been approved by the city./county as s.tated:above,)
nyiny_Attorney Signature Datc
Ciiunty Board issued ricenses.only (Signature certifies licensee is eligible. for.license}_
PolicedSSerif(: Signature_ Date
(Signature certifies licensee or associates have•n.ot been. cited dw•ing the past five years for any state/local liquor law violations
(criminallcivil). Report violatinos..on back. then sign hero.
PS 9093-05
indicate: below changes of coryoratej ffice„5r . pprtner ,.homer dresse5ar tele.phone =fibers:
Indicate below any interest whatsoever. directly or indjrectly in other liquor establishments;
w details of linnor law
fines or other penalties. iricludingi.ijuor C4nhr4LFe_r itiesl;
Report below details involving any licenserejections or revocatian5;
City/County Cowrnents;
/02/2008 TUE 9iO4 FAX 763 694 9955 I1tarAgency
er-t fieate of Insurance
oRcoueerea. Sunrise Park Ins Agcy Inc
2063 East County. Road E
White Bear Lake, MN 55110
The interAgency/Blackburn, Nickels & Smith, Inc.
Box 47248
Plymouth, MN 55447
(Hsue> p: Country Lounge Inc, DBA; Country Lounge
3590 Hoffman. Road W
Gem Lake, MN.55110
Ctive'age
.927115
ZQQL/001
12/3/2008
THIS. CERTIFICATE iS ISSUED AS A MATTER OF
INFORMATION ONLY AND CONFERS NO RIQHTS UPON
THE CERTIFICATE HOLDER: THIS CERTIFICATE DOES
NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES isELOW.
Company Providing Coverage:.
Badger Mutual Ins Co
This is to. certify that the policies of insurance listed below have been issued to the insured named above forth policy
period indicated, not. withstanding any requirement, term or condition of any contract or other d❑.cument with respect to
which this: certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to ail
the terms, exclusions and conditions of. such policies.. Limits shown may. have been reduced.b.ypaid claims.
Type ofl.nsurance
General. Liability
Policy AfUmber
Policy Effective.
Date
Policy: Expiration
Dale
Limits
C❑ m rri'l Gen. Liab. 00462-00436 12/3.1 /2008. 12/31/2009
Liquor Liability- 00462-00436 12/31 /2008 12/31/2009
PROPERTY
Building:
Business Personal Property•
Business incorrie:
Limits-
$210, 000
$ 55, 000
540,000
General Aggregate
Products - CompOp Agg
Personal & Adv Injury
Each .Occurrence
Fire Damage (Any One. Fire)
Med Exp (Any One Person)
$2.000,000
$1,000.000.
S1,000,000
$1,000.000
$50,000:
$1,000
81 Each Person:
81 Each Occurrence:
PO Each. Occurrence:
$100,00a
$1p0,oac
$1:00;000
Loss .of Means of Support Ea.:Person: $.100,000
Loss of Means of .Support Ea Dec:. . $.100,000
.Comb. Policy Agg Limit: S300,000
Coinsurance:
90%
90%
114 Limitation
Forrn:
Special/RC
Special/RC
Deduc lib{e'
$500
$500
LOCATION( OF RISK
❑ESCRIPTION OF RiSK[
3500 Hoffman: Road W. Gem Lake, MN 551 1.0
Tavern
(Certificate Haider
Cancellation
y of Gern Lake
r.200 Otteiiake Rd
White Bear Township, MN 55110
Fax 651-426-2258.
Should any of the described policies be canceltecl before.tha expiration dale
(hereof, the issuing company will endeavor .fo Mal 10 days mitten notice of
cancellation to thecerfificateholder na ned to the left, but failure to mail such
nolice shall impose no obligation or 'ability of any kind upon the company, its.
agents or representatives.
Authorized . Representative
�•i5 •F r �.
,¢ Holm bnsmntlaotcom.
Renewal Application for Optional Liquor 2AM
License Type: 2AM-100K
Expires tin January 26; 2009.fD Numbers 13476.
DBA
Country Lounge Inc.
Country Lounge
3590 N Hoffman. Rd (West)
Gem Lake MN 55110
Business Phone: 6514844770
If any of the above licensee information is not Correct, please make corrections as necessary.
Licensee must report previous 12 month on sale alcoholicbeverage gross receipts by checking one of the boxes below
Next to the box you neck is your 2.AMlicense fee. Makecheck payable to; Alcohol and Gambling Enforcement
Division (AGED). Mail this application .and check to AGED, 444 Cedar St., Suite 133, St. Paul, MN 55101-5133.
$300 2 AMiicense.fee
$750 2 AM license fee
$1 000 2 AM license fee
�_-$200 2 AM license fee -
$200 .2 AM. license fee -
- Up to $140,000 in on sale gross receipts for alcoholic beverages
- Over $100,000, but not over $500,000 in on sale gross receipts for.alcoholic beverages
- Over $500,Q90 in on sale gross receipts for alcoholic beverages
3.2% On Sale Malt Liquor.licensees or Set tip. license holders
Did not sell alcoholic beverages fora full 12 months prior to this.applicativn
____ Yes _No Does the city or county that issues your liquor license allow the sale of alcoholic beverages until 2 AM?
City CI erk/Cou my Auditor Signature
(.l certify that the city or county of
2AM)
Liicensee Signature..
{!certify that t have ans
(D4,11
Date. a— +i —0
approves the sale of alcoholic beverages :until
red the above questions truthfully and correctly)
Licensee Minnesota Tax ID Number (Required):
Date o ti;, \2_ 0 g
Licensee: Prior to submitting this application to the Alcohol & Gambling Enfocement
Division you must have this form signed by your local city or county licensing official
Minnesota Department of Public Safety
Alcoholand Gambling Enforcement Division (AGED)
444 Cedar Street, Suite 133, St Paul, MN 55101-5133
Telephone 65.1-201-7500 Fax 651-297-5259 TTY 651-282-6555
www d ps.state. rnn. us
'amRenewa12004.
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO.93
AN ORDINANCE AMENDING ORDINANCE NO. 64E REGARDING THE
COLLECTION.OF UNPAID SEWER CONNECI'ION.CHARGES IN THE CITY OF
GEM LAKE
THE CITY COUNCIL. OF THE CITY OF GEM LAKE ORDAINS:
Section t. Amendment. Section 5.2. of Ordinance 64E ishereby amended to add the
following provision to the end of the current text:
As provided for by Minnesota Statutes § 444.075,. subd..3e, any unpaid
connection charge or fee shall be certified to the county auditor for collection as
other taxes are collected,
Section 2. SEVERABILITY.. Should any section, subdivision, clause or other
provision of this Ordinance be held to be invalid in any court of competent jurisdiction,
such decisionshall not affect the validityof the Ordinance as a whole, or of any part
hereof, other than the part held to be invalid.
Section 3. EFFECTIVE DATE. This Ordinance shall take effect and be, in force from
and after its passage and publication.
Dated:
Robert Uzpen, Mayor Bill Short, City Clerk
Published in the White Bear Press on , 2009.
ORDINANCE NO. 98
AN ORDINANCE RELATING TO PAYMENT OF ASSESSMENTS FOR LOCAL
IMPROVEMENTS IN THE CITY OF GEM LAKE, RAMSEY COUNTY,
MINNESOTA
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS.:
SECTION I. ASSESSMENT PARTIAL PREPAYMENT PRIVILEGE. One partial
prepayment in the amount of at least One Thousand Dollars ($1,000.00) may be
paid to the City Clerk for any assessment for local improvements no less than
five days prior to the date the Resolution Adopting and Confirming the
Assessment for the Local Improvement directs the Clerk to transmit a certified
copy of the Assessment. Roll to the County Auditor.
SECTION 2. DEFERRED PAYMENT OF ASSESSMENTS. Pursuant to the
authority granted by Minnesota Statutes, Section 435.193, the City Council may
defer the payment of any special assessment on homestead property owned by
a person who is:
a) 65 years of age or older;
b) retired by virtue of a permanent and total disability; or
c) a member of the Minnesota National Guard or other military reserves
who is ordered into active military service, as defined in Minnesota
Statutes, Section 190.05, as stated in the person's military orders,
which property is subject to the levying of a special assessment, for whom it
would be a hardship to make payments, as of the date the assessment is
adopted.
SECTION 3. STANDARD OF DISABILITY. To be eligible for deferred payment
of assessments by reason of disability, the applicant must be retired by virtue of
a permanent and total disability and be receiving Social Security payments by
reason of such retirement by virtue of a permanent and total disability, or eligible
to receive such payments as shown by a report from the Department of Health
and Human. Services.
SECTION 4. STANDARDS OF HARDSHIP.
4-1. A hardship shall be deemed to exist when:
4-1.1. The adjusted gross household income reported on the applicant's
most recent Federal Income Tax Return or the total household income of
the applicant as evidenced by the applicant's most recent Minnesota
Property Tax Refund Return (as defined in Minnesota Statutes, Chapter
290A), whichever amount be greater, is less than 150% of the Federal.
poverty level for that household, using the guidelines published annually
by the U.S_ Department of Health and Human Services, and
4-1.2. The first year's installment of the proposed special assessment will
increase the aggregate total of the installments of special assessments
against the property for which deferment is requested and payable in the
year of such first installment to a sum equal to more than two percent of
said income, and
4-1.3. The special assessment for whichdeferment is applied for exceeds
$500.00, and
4-1.4. The applicant's (and spouse's) total assets exclusive of that part of
the homestead valuation as determined by the Ramsey County Assessor
to be eligible for homestead classification do not exceed $50,000.00.
4.2. Notwithstanding the foregoing provisions of this Section, the City Cound.
may consider exceptional and unusual circumstances not covered by the.
standards and guidelines and grant a deferral as requested: but any
determination shall be made in a non-discriminatory manner which does not give
the applicant an unreasonable preference or advantage over other applicants.
SECTION 5. APPLICATION FOR DEFERRAL. An applicant may apply for
deferred payment of special assessments made after October 15, 2003 for local
improvements by making application therefore to the Department of Property
Taxation, Ramsey County, Minnesota, in accordance with Minnesota Statutes,
Section 435.194. A copy of said application shall be filed with the City Clerk
together with a certification form furnished by the City Clerk to establish the.
qualifications of the owner for such deferral. Application for deferral shall be
made within 30 days after the adoption of the assessment roll by the City Council
for those assessment rolls adopted after the effective date of this Ordinance, and
shall be renewed each following year upon the filing of a similar application not
later than October 15. The City Council shall either grant the deferral by majority
vote or deny the deferral. Any assessment, the payment of which is deferred
pursuant hereto by the City Council, may bear interest at the rate of one percent
(1%) in excess of the rate of interest that would have been charged on the
assessment had the assessment payments not been deferred; but not, however,
in excess of the maximum interest rate allowed by law. When the deferred
assessment is granted, the City Clerk shall advise the Ramsey County
Department of Property Taxation, who shall, pursuant to Minnesota Statutes,
Section 435.194, record a Notice of the deferral with the County Recorder of
Ramsey County which shall set forth the amount of the assessment and the rate
of interest on the deferred assessment payments.
SECTION 6. TERMINATION OF RIGHT TO DEFERRED PAYMENT. The option
to defer payment of special assessments shall terminate and all amounts
accumulated, including accrued interest, shall become due upon the occurrence
of any of the following events:
6-1.. The death of the owner, provided that the spouse is otherwise not eligible for
the benefits hereunder;
6-2. The safe, transfer or subdivision of the property or any part thereof;
6-3. if the property should for any reason lose its homestead status;
6-4. If for any reason the City Council shall determine that there would be no
hardship to require immediate or partial payment; or
6-5. Failure to file a renewal application within the time hereinbefore prescribed,
SECTION 7. COLLECTION OF DEFERRED PAYMENT. Upon the occurrence of
one of the events specified in Section 6, the Council shall terminate the deferral.
Thereupon, the City Clerk shall notify the Ramsey County Assessor and the
Ramsey County Department of Property Taxation of the termination, including
the amounts accumulated on unpaid installments plus applicable interest which
shall become immediately due and payable as a result of the termination, and if
not paid prior to November 30th of the year the deferral is terminated, shall be
certified for collection together with the real estate taxes payable in the following
year, and shall be collected by the Ramsey County Treasurer as are other
special assessments.
SECTION 8. SEVERA# ILITY. Should any section, subdivision, clause or other
provision of this Ordinance be held to be invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the Ordinance as a
whole, or any part thereof, other than the part held to be invalid
SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect and be in force
after its passage and publication.
Passed by the City Council of the City of Gem Lake, Ramsey County, Minnesota,
this day of , 2009..
APPROVED:
Robert Uzpen, Mayor.
ATTEST:.
William Short, City Clerk
Published in the White Bear Press on , 2009.
CITY OF GEM LAKE, RAMSEY COUNTY, MINNESOTA
ORDINANCE NO. 106
AN ORDINANCE AMENDING ORDINANCE NO. 69 REGULATING THE
KEEPING OF ANIMALS INTHE CITY OF GEM LAKE
THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS:
SECTION I. AMENDMENT. Section 2.3 of Ordinance 69 is amended, as follows:
Dangerous Dog: Arty dogthat has committed any of the acts setforth below:
(I) Without provocation, inflicted substantial bodily harm ona human
being on public or private property;
(2) Killed a domestic animal without provocation while off the
owner's property; or
(3`) Been found to be potentially dangerous, and after the owner has
notice that the dog is potentially clantrerous the dog aggressively
bites, attacks, or endangers thesafety of humans or domestic
animals.
Potentially Dangerous Dog: Any dog that has committedany of the acts set
forth below:
(l) When unprovoked, inflicts bites on a human or domestic animal on
public or private property;
(2) When unprovoked, chases or approaches a person upon the streets,
sidewalks or any public property in an apparent attitudeof attack;
or
(3) Has a known propensity, tendency, or disposition toattack
unprovoked, causing iniury or otherwise threatening the safety of
humans or domestic animals.
Provocation: An act that an adult could reasonably expect may cause a dog to
attack or bite.
Secure Enclosure: "Secure enclosure" means securely confined indoors or in a
securely enclosed and lockedpen or structure suitable to prevent.. the animal from
escaping and providing protection from the elements for the dog. A secure
enclosure does not include a porch, patio, or any part of a house, garage, or other
structure that would allow the dog to exit ofits own volition, or any house. or
structure in which windows are open orin which door or window screens are the
only obstacles that prevent the dogfrom exiting.
SECTION 2. AMENDMENT. Section 3.4 of Ordinance 69 is amended, as follows:
3.4 Confinement of Certain Animals. The owner or harborer shall confine within
a building or secure enclosure any fierce, dangerous, or vicious deg oat or atli F
animal and shall not permit such animal out of such confinement unless or until it
is securely muzzled and in direct control of a competent person. The additional.
requirementsand regulations. of Section 7 may also appi to such animals.
SECTION 3. AMENDMENT, Section 6.5 of Ordinance 69 is amended, as follows:
6.5 Biting Animals Quarantined. Whenever any animal, other than a dog subject
to the regulations of Section 7 of this Ordinance, has bitten a person, the owner or
harborer of such animal, having been sonotified, either orally or in writing, shall
immediately quarantine said animal at the owners' or harborer' homeor other
suitable place of confinement, as directed by the law enforcement or Animal
Control officer of the City for a period of fourteen (14) days after the occurrence.
During the quarantine period, the animal shall be securely confined in a building
or in a yard enclosed by a fence soconstructed that the animal cannotescape or.
otherwise leave said enclosure, and which will not permit otheranimals or
persons to enter, for thepurpose of preventing the animalfrom biting or otherwise:
coining in contact with persons or animals.
SECTION 4. AMENDMENT. A new Section 7, as follows, is inserted into the
ordinance following the present Section 6. The previous sections 7 (Enforcement,
Records and Penalties), 8 (Exemptions to this Ordinance), 9 (Animal Owner
Responsibilities), and 10 (Enactment and Effective Date) are re -numbered accordingly.
Section 7 DANGEROUS/POTENTIALLY DANGEROUS DOGS.
7.1 Incorporation of Statute. The provisions of Minnesota Statutes, Sections
347.50 through 347.56, inclusive, are hereby adopted as the potentially dangerous
and dangerous dog regulations for the City. Where a conflict exists between the.
provisions of the City Ordinances, and the provisions of Minnesota Statutes,
Sections 347.50. through 347.56, inclusive, the more restrictive provision shall
apply.
7.2 Initial Determination. The City's designated Animal Control Authority shall
be responsible for initially determining ("Initial Determination") whether a dog is
a potentially dangerous dog or a dangerous dog. The Animal Control Atithorit\
may retain custody of a dogwhich has been initially determined to be a dangerous
doh pending the hearing as hereinafter provided. The Initial Determinationshall
be conclusive unless the owner appeals the Initial Determination as hereinafter
provided.
7.2.1 Notice of Initial Determination. The Notice of Initial
Determination shall be personally served on the owner of the dog or on a
person of suitable age at the residence of such owner. The Notice of Initial
Determination shall describe the dqg deemed to be potentially dangerous or
dangerous; shall identify the time, place and circumstances under which the
clog was declared dangerous; shall identify the officer making the Initial.
Determination; and shall inform the owner of the owner's right to appeal the
Initial Determination within 14 days of the date of notice. The notice shall
also inform the owner that compliance with 7.4.1 and 7.4.3 of this Ordinance.
until the appeal is decided and that all actual costs of care, keepingand.
disposition of the dogarethe responsibilityof the owner.
7.2.2 Request of Hearing and Hearing. An owner may appeal the Initial
Determination by filing a Request for Hearing with the City Administrator
within fourteen (14) dosof the owner's receipt of the Notice. of Initial
Determination. A hearing shall be held within fourteen (14)
days after the
City's receiptof the Request for Hearing. The City Administrator shall assign
a Hearing Officer who shall not be the person who made the Initial
Determination. At the hearing, the Hearing Officer shall consider the reports
and comments of the Animal Control Authority, the testimony_ of any
witnesses, witness statements, and the comments of the owner of the dog.
After considering all of the evidence submitted, the Hearing Officer shall
make written findings and shall determine whether the dog is a potentially
dangerous dog or a dangerous dog (Final Determination) The Hearing
Officer shall apply the definitions of Section 2.3 in making a determination,
but shall not declare a dog dangerous if the evidence at hearing shows it is
more likely than not that the threat injury, or damage wassustained lay. a
person:
tl) who was committing at the time a willful trespass or other tort
upon the premises:occupied by the dog;.
2.) who was provoking, tormenting, abusing, or assaulting the dog or
who has repeatedly, in the past provoked tormented, abused or assaulted
the dog; or
13j who was committing or attempting to commit a crime.
The finding shall be made within ten LI0) days of the date of the hearingand
shall be personally served upon the owner of the dog or upon a person of
suitable age at the residence of the owner. If the Hearing Officer upholds the
dangerous dog determination, the dog's owner shall be responsible for paving
the actual costs of the hearing, up to $1,900..
7.3 Dangerous Dog Restrictions.
7.3.1 Registration Required. No. person may keep .a dangerous doh in.
the City of Gern Lake unless the dog is registered with the Animal Control
Authority as provided in this chapter. The Animal Control Authority shall
issue .a certificate. of registration to the owner of the dangerous do i,_ f the
owner presents the following information:
(a) Secure Enclosure.. .A Secure enclosure exists for :the .dangerous dog
.and there is a posting on thepremises with a clearly visible warnint sign,
including a warning symbol to inform children.. that there is.a dangerous
dog on the property.
(b) Bond/Insurance: A surety bond issued by a surety company
authorized to conduct business in the State of Minnesota in a form
acceptable to the Animal Control Authority in the sum of at least
$300,000.0.0, payable to any person injured by the dangerous dog, or a
policy of Iiability insurance issued by an insurance company authorized to
conduct business .in the State of Minnesota in the amount of at least
$300,000:00, insuring the owner for anypersonal injuries inflicted by the
dangerous .dog.
(c) Registration fee. The owner shall pay a dangerous dog registration
fee of $500.00,, in addition to standard dog licensing fees.
(d) Microchip. The owner has had a microchip identification implanted
in the dangerous do_g, and the name of the microchip manufacturer and
identification number of the microchip must be provided to the Animal
Control Authority. If the microchip is not implanted by the owner, it may
be implanted by the. Animal Control. Authority with the costs borne by the
dog's. owner.
lei Warning Symbol. The owner has posted a warming symbol to
inform children that there is a dangerous dog on theproperty. The design
of the warning symbol must have been approved by the Minnesota
Commissioner of Public. Safety.
7.3.2 TagThe dangerous doR must have a standardized, easily identifiable
tag identifying the dog .as dangerous and containing the Uniform Dan eta roes
Dag symbol, affixed to the dog's collar at all times.
7.3.3 Photograph. The owner of the dangerous dog shall make the dog
available to be photographed for identification by the Animal Control
Authority at a time and place specified by the Animal Control Authority.
7.4 Dangerous Dog Regulations.
7.4. l Muzzling. A dangerous dog shall be kept in a secure enclosurewhile
on the owner's property. If thedangerous dog is outside a Secure Enclosure,:
the dog must be muzzled and restrained by substantial chain or leash and be
under the physical restrains of a responsible. person. The mit771e must be
made in a manner thatwill prevent the dog from.. biting any person or animal
but that will not cause injury to the dogor interfere with its visionor
respiration.
7.4.2 Annual Renewal. The owner of a dangerous dog must renew the.
registration of the dog annually until the dogis deceased. The owner of a
dangerous dogshall pay the fee set forth in section 7.3. l fc) above, in addition
to any regular dog licensing fees, to obtain a renewal certificate of registration
for a dangerous dog under this section..If the dog is removed from the City, it.
must be registered as a dangerous dogin its newjurisdiction.
7.4.3 Death/Transfer from City. The owner of any dangerous dog must
notify. the. City in writing of the death of the dog, of its transfer to a residence
outside of the City of Gern Lakeor of its transfer within. the City within thirty
(30) days of the death or transfer.
7.4.4 Notice to Landlord. The owner of a dangerous dog who rents property.
from anotherr where the dog will residemust disclose tothe property owner,
prior toentering into the lease agreement and at the time of any lease renewal,
that the person owns a dangerous dog that wilt reside at the property.
7 4 5 Transfer of Gwnershia The owner of a dangerous dog must notify any
new owner, whether by purchaseidonation or other transfer, that the City has
identified the dog as a dangerous dog.. Thetransferring or selling owner must
also notify the Animal Control. Authority in writing of the sale and provide
the Animal Control Authority with the new owner's name, address,and
telephone number.
7.4.6 Sterilization. The Animal Control Authority shall require a dangerous
dog to be sterilized at the owner's _expense. If the owner does not havethe
dangerous dog:sterilized within i30 days of a final determination, the Animal
Control Authority may have the animal sterilizedat the owner's :expense.
7.5 Potentially Dangerous Dog. Restrictions:
7..5.1 Registration Required. No person may keep a potentially dangerous.
dog in the City of Gem Lake unless the dog is registered with. the Animal
Control Authority as provided in this section. The Animal Control Authority
shallissue a Certificate of Registration to the owner of a:poteritially dangerous
dog if the owner presents the following information:
(a) Microchip. The owner hashad a microchip identification implanted in
the dangerous dog, and the name of themicrochip manufacturer and
identification number of the microchip must be provided to the Anima!
Control Authority. If the microchip is not implanted by the owner, it may
be implanted by the Animal Control Authority with the costs borne by the.
dog's owner.
(b) Warning Symbol. The owner has posted a warning symbol to inform
children that there is a potentially dangerous dog on the property. The
Animal Control Authority shall approve the warning symbol and its
location on the property.
(c) Registration fee. The owner shallpav a dangerous dog registration fee
of $250.00., in addition to standard dog licensing fees.
7.5.2 The Animal Control Authoriy may also require any of the following
items to register a potentially dangerous dog:
fa) Secure .Enclosure. A secure enclosure exists for the potentially:
dangerous dog and there is a posting onthe premises with a clearlyy visible
warningsign, including a warning symbol to inform children, that there is
a potentially dangerous dog on the property.
(b) Bondllnsurance. A surety bond issued by a surety company
authorized to conduct business in the State of Minnesota . in a form
acceptable to the Animal Control Authority in the sum of at least
$300,000.00, payable to any person injured by the potentially dangerous
dog, or a policy of liability insurance issued by an insurance company
authorized to conduct business in the State of Minnesota in the amount of
at least $300,000.00, insuring the owner for any personal injuries inflicted
by the potentially dangerousdog.
f c} Photograph. Theowner of the potentially dangerous dog shall make
the dog available to be photoRraphed for identification by the Animal
Control Authority at a time and place specified by the Animal Control
Authority.
7.6 Potentially Dangerous Dog Regulations.
7.6.1 Annual Fee. The owner of a potentially dangerous dog shall pay the
potentially dangerous dog_ fee set in 7.5.1(c) upon each .annual renewal, in
addition to any regular dog Iicensin fees to obtain a certificate of
registration for apotentialiy dangerous dog under this section.
7.6.2 Annual Renewal. The owner of a potentially dangerous dogg must
renew the registration of the dog annually until the dog is deceased. If the
dog is removed from the City of Gem Lake, it must be registered as a
potentially dangerous dog in its new jurisdiction..
7.6,3 Death/Transfer from City. The owner of any potentially dangerous dog
must notify the Animal Control Authority in writing of the death of the dog;
of its transfer to a residence outside of the City of Gem Lake or of its.. transfer
within the City of Gem Lake within thirty (3Q) days of the death or transfer,
The notice must also provide the new location where the dog will reside if
moved.
7.6.4 Notice to Landlord. The ownerr of a potentially dangerous dog who
rents property fromanother where the dog will reside mustdiscloseto the.
property owner, prior to entering into the lease agreement and at the time of
any lease renewal, that the person owns a potentially dangerous dog that will
reside at the property.
7.6.5 Transfer of Ownership. The owner of a potentially dangerous dog must
notify any new owner whether by purchase, donation orother transfer, that
the City has identified the dog as a potentially dangerous. dog. The
transferring or selling owner must also notify the Animal Control Authorityin
writing of the sale and provide the Animal Control Authority with the new
owner's name, address, and telephone number.
7.7 Designation Review. Beginning six months after a dog is declared a
dangerous dog or potentially dangerous dog, an owner may request annually: a
review of the designation. The owner must provide evidence that the does
behavior has changed due to the dogs age, neutering, environment, completion of
obedience training that includes modification of aggressive behavior, or other
factors. The owner shall submit a request for reconsideration to the City
Administrator, who shall then assign a Hearing Officer to consider the request, in
consultation with the Animal. Control Authority. If the Hearing Officer :finds
sufficient evidence that the dog's behavior has changed the Officer may rescind
the dangerous dog or potentially dangerous dog. designation;
7.8 Seizure.. of Dangerous. Dog. The. Animal Control Authority shall
immediately seize any dangerous dog if:
7.8.1 The owner has not registered the dog in compliance with the
provisions of Section 7.3 within fourteen (14) days after the service of the
Notice of Final Determination declaring a dog to be a dangerous dog.
7.8.2 The owner does not secure the proper liability insurance pursuant
to Section 7.3 withinfourteen .jl4).:days after the service of the Notice of Final
Determination declaring a .dog to be a dangerous dog.
7.8.3 The dangerous dog is not maintained in a secure enclosure.
7.8.4 The dangerous dog is outside a secure enclosure and not under the
physical restraint of a responsible person.
7.8.55 The dangerous dog is not sterilized within thirty (30) days as
required by 7.4.6.
7.8:6 . Seizure is ordered by the District Court upon .conviction of the
owner for a crime related to the keeping of a dangerous dog.
7.9 Reclaiming a Dangerous Dog. Unless otherwise ordered by the District.
Court, a dangerous dogmay be reclaimed by the owner of the dog upon payment
of the impounding and boarding fees, and upon presentation of proof to the
Animal Control Authority that the requirements of Sections 7.3 and 7.4have.
been satisfied. A ..dangerousdog not reclaiined under this provision within seven
(7) days may be disposed of as provided. in Minnesota Statutes; Section 35.71,.
Subdivision 3, and the owner shall be liable to the Animal Control Authority for
costs .incurredin confining_ and disposing of the dangerous dog. Any person
claiming an interest ina seized dog_may prevent disposition of the dog by posting
security, by cash or letter of credit, in an amount sufficient to provide for the
dog's .actual cost of care and keeping_ The security must be posted within seven
(7) days of the seizureinclusive of the date of seizure.
7.10 Review of Status for. Persons Prohibited from Owning Dogs. A person
barred from owning a dog under Minnesota Statutes, _ 347.542, subd. 1 may
request that the City Council review the prohibition. No request for review may
be made before three years havepassed.:from the date of conviction which caused
the person to bebarred from dogownership. The Animal Control.. Authority shall
report to the. City . Council on matters relating to the review, including_ but not
limited to. the .seriousnessof the violation or violations that led to the prohibition,
any criminal convictions of the person under review, and any other appropriate
factors. The Animal Control Authority may recommend continuing the
prohibition rescinding the irohibition with limitations u on ownership or
completely rescinding the prohibition. The City Council in addition to acting on
the recommendation, may also establish conditions that the person must meet
before a prohibition is partially or completely rescinded, including, but not limited.
to, successfully completing dog training or dog:handling_courses. A person under
prohibition may only make one (1) request for review in any twelveFmonth
period, regardless of. outcome. If a person has a prohibition rescinded, in full or in
part, by the City Council, and subsequently fails to comply with any limitation
imposed by the Council or is again convicted of an animal violation involving
unprovoked bites or attacks, the City Council may permanently prohibit the
person from owning a dog in the State of Minnesota.
7.1 1 Confiscation of Dangerous Dog. If theowner of a dangerous dog has been
convicted of a misdemeanor violation of Minnesota Statutes *347,51_ +$347.51.5,
or V47.52, and the owner is charged with.a subsequent violation of those statutes
with thesame dog; the Animal. Control, Authority shall immediately seize the
dangerous dog and hold it until resolution of the new criminal charges. The
Animal Control. Authority shall follow the directives of the:. District Court
regarding disposition of the dog. If the owner is not convicted of the charges, the
owner shall be notified of theright toreclaim thedog within seven (7) days
consistent with other reclamations:.
7.12 Destruction of Dog Under Certain Circumstances. Upon a Final
Determination, following a hearing•_if one is requested, and not withstanding the
other provisions of this Ordinance a dangerous dog that: (i) inflicted substantial
bodily harm or great bodily harm on a human being onpublic or private property
without provocation) fii} inflictedmultiple bites on a human on public or private
property without provocation; (iii) bit multiplehuman victims on.public or private
property in the same attack without provocations or (iv) bit a human on public or
private property withoutprovocation in an attack wheremore than one dog
participated in the attack may be destroyed in a proper and humane manner by the
Animal Control Authority.
SECTION 5. SEVERABILITY. Should any section, subdivision, clause or other
provision of this Ordinance be held to beinvalid in any court of competent jurisdiction,
such decision shall not affect the validity of the Ordinance as a whole, or of any part
hereof, other than the part held to be invalid.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect and be in force
from and,after its passage and publication.
Dated:
Robert Uzpen, Mayor Bill Short, City Clerk
Minutes of Gem Lake City Council Meeting
10 February 2009
REGULAR COUNCIL MEETING
The regular meeting of the City Council of the City of Gem Lake was called to
order by Mayor Bob Uzpen on Tuesday, February 10, 2009 at 702 p.m. at the
Gem Lake City. Hall. Mayor Uzpen, Councilors Gretchen. Artig-Swomley, Tom
Rasmussen, and Jim Linder were present. Also present was City Attorney
Trevor Oliver, City Treasurer Jessie Hart, and Dan Meier, Planning Commission.
Council Member Chuck Watson was absent from the meeting.
APPROVAL OF AGENDA AND MEETING MEETINGS
Minutes of City Council meeting of January, 2009: Minutes from the January
2009 City Council meeting were reviewed by Council members. Artig-Swomley
noted various typing errors. There was a motion by Rasmussen to approve the
minutes with corrections; the motion was seconded by Artig-Swomley and
approved by a vote of 4-0.
City Council Agenda for this meeting: Mayor Uzpen called for additions,
deletions and corrections to the agenda. Linder asked for a line item on the.
Ramsey County Comprehensive Plan. Artig-Swomley asked that the council
place an item under new business regarding some wall art she would like to
donate for use in Heritage Hall. Rasmussen asked that a line item be added
under Old Business concerning the National Pollution Discharge Elimination.
Systems (NPDES) report that the city must complete as part of the Clean Water
Act. A motion to amend the agenda to include these changes was introducted by
Artig-Swomley, seconded by Lindner and approved by a vote of 4-0.
Committee Reports
Planning Commission February 2009 meeting report: The council discussed
the desire to have minutes from the Planning Commission that were similarin.
style to the council minutes, i.e. complete sentences and slightly more detail. It
was agreed that Artig-Swomley would speak to the new commission chairman
about it and that it would be discussed again at the next council meeting.
Public Notices
None.
Old Business.
March Newsletter: Potential topics for the March issue were discussed. It was
agreed that the lead story would be the CPR class that the city is sponsoring.
Artig-Swomley is waiting for the instructor to get back from vacation so she can
talk to him. Other story ideas included an interview of council member Tom
Rasmussen and highlights from previous council meetings. It was agreed that a
Meeting Highlights section would be drawn from official minutes of a previous
meeting. Uzpen suggested this would be a great way to give the public more
information on the many things the couricil typically works on, including reports.
and projects that are required from state, county and municipal agencies.
Artig-Swomley suggested asking several survey questions of citizens each
month, using the growing list of email addresses. By using email only, rather than
regular mail, the editor could gather information without the cost of a mailing. The
answer to various short survey questions could then be compiled and published.
The council also discussed how to use the newsletter most effectively to fulfill
some of the public education requirements that are included in the city's SWIFF
report that was filed recently with the State of Minnesota. Information regarding
storm water issues could be included in alternate issues of the newsletter.
in addition Artig-Swomley suggested that the council take the three articles on
storm water topics that have been included in past issues of the newsletter and
use them to create a special tab on the city web -site on the subject of storm
water.
Lastly, Artig-Swomley suggested that a story on a Gem Lake business be
included in the March issue. The Trike Shop or Nelson Marine were possible
companies that could be profiled.
CRP Training Update
Artig-Swomley reported that she had lined up an instructor for the March 215i,
who could teach both CPR and the use of an AED machine. The training will be
five hours long. Based on instructor feedback, class attendance should be
limited to no more than 20, less if possible. The instructor will be able to provide
a card certifying successful completion of the course. The card will be issued by
the. American Heart Association. The exact hours of the course and some other
details have yet to be worked out. It will be important to get the March newsletter
out early in order to use it to publicize the course.
NPDES (National Pollution Discharge Elimination System) Report
2
Rasmussen pointed out that the city might have to do two reports this year. He
stated that former city clerk Fritz Magnusson has expressed an interest in doing
the report for the City of Gem Lake for half the price that the engineering firm
SEH would charge. If reports have to be done for both 2008 and 2009,
Magnusson would also piggy -back them to save money. The report must cover
any storm water that leaves the city and how it does so. One reported pathway is
through a culvert by the Hansen property. After some discussion, Artig-Swomley
stated that she does not want to make a decision until she better understands
what the report entails. This could be done by looking at samples of previous
reports. Other council members agreed. Lindner agreed to look for the disk at
his house to see if he has sample reports. It was agreed that the council needed
to look up further report requirements through the State of Minnesota.
Mayor Uzpen got a letter from the National Pollution Control Agency, outlining
the City's responsibility if the sewer backed up into the water system. Special
licenses are required for some of the necessary inspections. Uzpen further stated
that he knows the city does not have these licenses. Bill Short is looking into this
matter to determine if anyone at White Bear Township has the licensing and can
support the city on this matter. One example of the tasks involved could be the
inspecting of manholes.
NEW BUSINESS
Changing the way certain bills are paid — Resolution 2009-02: City Treasurer
Jessie Hart introduced a resolution to authorize that certain routine monthly bills
be automatically paid by the Treasurer without preapproval by the City Council.
This would cover bills such as gas, electric, phone, waste collection and web -site.
maintenance and bills covered by contractual arrangements. Artig-Swomley.
voiced concern about contractual bills and the possibility of non -routine invoices
for professional services. Hart stressed that she is only concerned about the
routine monthly bills. Lindner asked if putting a dollar limit on what bills to be
paid, but Hart stressed the difficulty of working with this constraint, due to the
changing dollar amounts inherent in monthly utility bills. It was suggested by the
council that Hart draw up a written policy on what bills would and would not fall.
into the "routine" category. A motion to approve Hart's proposed resolution was
introduced by Rasmussen, seconded by Lindner and approved with a vote of 4 to.
0.
Approval of Payment for February Claims
A motion to approved the February claims list was introduced by Lindner,.
seconded by Artig-Swomley and was passed on a vote of 4 to 0.
Planning Commission Appointment and. HVAC Service Contract —
Resolution 2009-03
Mayor Uzpen suggested that the council approved the addition of Dan Meier to
the Planning Commission and White Bear Mechanics as the city's HVAC
contractor for Heritage Hall. After some discussion a motion to that effect was
introduced by Artig-Swomley, seconded by Lindner and approved by a vote of 4
to 0.
Renewal of Country Lounge Liquor License
Two related applications for renewal of the liquor license for the Country Lounge
were reviewed and discussed. Artig-Swomley asked how the council would know
if there had been any past violations of liquor laws by the. Lounge. City Attorney
Oliver stated that Ramsey County is very good at keeping everyone updated
when violations occur. He also reviewed some of the procedures the State goes
through when evaluating a renewal application. He explained that although the
license for the Lounge expired on December 31, 2008, the bar is not in violation.
of procedures because the application was filed in a timely manner and is in
process. A motion was made by Lindner and seconded by Rasmussen to
approve the license renewal that allows the bar to stay open until 1:00 a.m.. The
vote was 4-0 to approve. A motion was made by Lindner and seconded by
Rasmussen to allow the bar to stay open until 2:00 a.m. under certain
circumstances. The vote was 4-0 to approve.
Changes to Ordinance Number 93 — Unpaid Sewer Charges
City Attorney Oliver discussed the need to modify City Ordinance Number 93 to
allow unpaid sewer connection charges to be added to a homeowner's property
tax bill. Currently, the. City continues to send a bill for these charges and
sometimes has been unable to collect the money. However, the current
ordinance does not allow unpaid charges to be automatically added to property
tax bills and would need to in order to make this happen. With this in mind, a
motion was introduced to change Ordinance 93 by Artig-Swomley and was
seconded by Lindner. The motion was approved by a vote of 4-0.
Changes to Ordinance Number 94 — Procedures for Liquor License
Oliver explained various changes he suggested be made to City Ordinance
Number 94, which deals with liquor licenses. Examples of the changes include
spelling out the $10,000 fee for a background check, which is required but not
spelled out in the current ordinance; and spelling out the procedure for revocation
of a license. A motion was introduced by Rasmussen and seconded by Artig-
Swomley to adopt the changes suggested to Ordinance 94. The motion carried
on a vote of 4-0. Oliver pointed out that the State of Minnesota would need to be
informed that Gem Lake has adopted a fee schedule for liquor licenses.
Ordinance Number 98 — Partial Payment of Assessments for Local
Improvements
A motion was introduced by. Artig-Swomley and seconded by Rasmussen to
allow for prepayment of approved assessment. Currently, the City has allowed
prepayment but had nothing in writing that authorized it. The motion carried by a
vote of 4-0.
Ordinance Number 106 ❑angerous Dogs
Olivet suggested that the City consider adopting the ordinance drafted by
Ramsey County concerning dangerous dogs.. The Sheriff would prefer all
contract cities .have the same basic ordinance to allow for more efficient
enforcement: Without adoption of this ordinance there was concern that no
standard rules would allow for the control of dangerous dogs, putting the City in
danger of being sued. A motion was introduced by Rasmussen and seconded by
Artig-Swomley to adopt the County's standard sample ordinance. The motion
carried by.a vote of 4-0.
Sign Ordinance 43F Section 15
The need to update the City's signage ordinance was discussed. Rasmussen
agreed to look through his files to see if he could locate a sample ordinance that
Artig-Swomley drafted three or four years ago. No one else has been able to
locate the file. Artig-Swomley said she completely rewrote the ordinance, based
on language utilized in the ordinances of three surrounding cities, relying mostly
on the signage ordinance of North Oaks.
E-mail Communication
Oliver reviewed the rules for e-mail communication between council members in
order to live up to the spirit of the State's Open Meeting Laws. Basically one or
two members can discuss an issue electronically; as long as there is no effort to
build consensus in preparation for a later vote at an official meeting. In general
emails composed by one member and sent out to all council members that are
intended to provoke discussion and interaction through email should be avoided
and left for discussion at a meeting. However, nothing would prevent one
member from emailing another to discuss an issue, unless the communication is
intended to build a consensus one member at a time expressly to avoid violation
of the law. Phone calls between one council members to discuss city members
are always allowed. Ernails'should be between one member at a time in the.
same manner when an issue is going to be aired and discussed.
Vadnais Heights Sports Complex
Artig-Swomley stated that she had been informed casually that the proposed
Vadnais Heights Sports Complex might need to be moved to a location nearer to
International Drive. She stated that she was shown some proposal drawings. She
asked how the City could get more information on the current status of this
project, due to its potential impact on Gem Lake residents. Uzpen said he would
see what he could find out about current project details.
Open Discussion
Artig-Swomley donated.two large aerial photos of Gem Lake, asking if they could.
be inexpensively framed and. put up on the walls of Heritage Hall. After some
discussion, it. was decided that one of them was suitable for framing. and. that
Jean Reiter, City Secretaryshould look into the costs of getting. this done.
Ramsey County Comprehensive Plan
Lindner reported that he had read the entire proposed plan drafted by Ramsey
County and read aloud a proposed response from the City of Gem Lake on its
contents. This response expressed support for the extension of the Bruce. Vento
Trail but asked the county to be mindful of potential conflicts with the possible
Rush Line corridor and potential concerns by Gem Lake residents who border
the trail extension. It was agreed that Lindner's comments were suitable and
could be sent to the county by email.
New Sign
Mayor Uzpen secured the agreement of White Bear Township, through Bill Short,
to delay the purchase of a street sign for Heritage Hail in order that the City could
pay for repairs to the culvert on Haven Lane. Beth Herzog volunteered to help
the city obtain names of companies that might be able to submit a bid for these
repairs.
Future City Council Meeting.
The next City Council Workshop will be held Monday, March 2, 2009 at 7:00 pm.
The next City Council meeting will be held Tuesday, March 17, 2009 at 7:00 pm.
Adjourn
Artig-Swomley introduced a motion for adjournment at 9:13 p.m. Lindner
seconded the motion and the motion carried 4-0.
ATTEST: ATTEST:
6
Julie Newkirk, Recording Secretary Robert Uzpen, Mayor
Certified Copy.
Gem Lake City Council Meeting
February 10th 2009
Sign in Sheet
Name
I v A er 4000 heoner74, / d