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Home My WebLink About2007 [03] Mar 15 {Book 40} Administrdtor Judy Weyrens Mdyor Richdfd Cdrlbom Councilors Steve Frdnk AI Rdssier Renee Symdnietz Ddle Wick CITY OF ST. JOSEPH www.cityofstjoseph.com St. Joseph City Council March 15, 2007 7:00 PM 1. Call to Order 2. Approve Agenda 3. Consent Agenda a. Minutes - Requested Action: Approve minutes of February 28, 2007. b. Bills Payable - Requested Action: Approve check numbers 038522 - 038596. c. Gambling Donation - Requested Action: Accept the donation from the St. Joseph Lions in the amount of $500 to be used for CPR classes offered through the Fire Department. d. Equipment Request - Requested Action: Authorize the Cable Commission to purchase two new cameras as well as a 27" television for use in the Council Chambers not to exceed $6,000. e. Gambling Application - Requested Action: Accept the Lawful Gambling Application for Exempt Permit for the CSB/SJU Ducks Unlimited Chapter for an event to be held at the EI Paso Bar & Grill on April 21, 2007. f. AFSCME Wage Scale - Requested Action: Adopt the recommendations of the Personnel Committee implementing the Springsted Study for AFSCME members. g. Sergeant Position - Requested Action: Appoint Police Officer Dwight Pfannenstein as Police Sergeant effective March 16,2007, placing him at a step 6 of the Sergeant Pay Scale. 4. Public Comments to the Agenda 5. 7:05 PM EA W - Parkway Business Center 6. 7:15 PM Gambling Premise Permit - St. Cloud Boxing Club 7. City Engineer Reports a. 2007 Storm Sewer Improvements Bid 8. Mayor Reports 9. Council Reports 10. Administrator Reports a. Field Street b. Liquor Ordinance Amendments 11. Adjourn 2." College Avenue North' PO Box 668 . Sdint. joseph, Minnesotd .,6)74 Phone ,2.0.,6,.72.01 FdX ,2.0.,6,.0'42. ST. JOSEPH CITY COUNCIL March 15,2007 FOR THE OFFICIAL RECORD PLEASE SIGN YOUR NAME AND ADDRESS NAME 1. 2. 3. 4. 5. ~'~ d ccy?~/d-6t1:z- 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. ADDRESS /1 IVdt 7r. #J.-e 5v~ (C;o GJ-- c:./tJv/ S-6' cf&9 .3 .~ :;:/' chs~~ /J- DRAFT February 28, 2007 Page 1 of 1 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in closed session on Wednesday, February 28, 2007 at 5:30 PM in the St. Joseph City Hall. Members Present: Mayor Richard CarIbom. Councilors Al Rassier, Dale Wick, Renee Symanietz, Steve Frank. . Administrator Judy Weyrens. ."" Others Present: City Attorney Tom Jovanovich. Rassier made a motion to close the meeting to discuss with the City Attorney litigation strategy for the pending lawsuit of Meadowvale -vs'" Stearns County ~vs- the City of St. Joseph. The motion was seconded by Wick and passed unanimously. At 6:20 PM the closed portion of the meeting was opened and Symanietz made a motion to adjourn at 6:20 PM. The motion was seconded by Frank and passed unanimously. "" Judy W eyrens Administrator City of St. Joseph Bills Payable-March 12, 2007 Page 1 Check # Search Name Comments Amount FUND DEPART OBJ 03.8522 BRAINERD FIRE CONFERENCE Reg Brill, Randall, Krekelberg $435.00 105 42240 331 038522 BRAINERD FIRE CONFERENCE Room reservation $100.00 105 42240 331 038523 COMMISSIONER OF REVENUE RElg pp 5 & 5.1 $1,493.04 101 038524 EFTPS SS RElg pp 5 & 5.1 $2,737.38 101 038524 EFTPS Medicare Reg pp 5 & 5.1 $1,085.60 101 038524 EFTPS Reg pp 5 & Reg pp 5.1 $3.425.75 101 038525 FARM PLAN oil, filters, spark plugs $44.84 101 45202 220 038525 FARM PLAN shear bolts, nuts $5.54 101 43125 220 038525 FARM PLAN oil, filters, spark plugs $44.84 101 43120 220 038525 FARM PLAN thermostat, gasket $19;99 101 43125 220 038526 HOLIDAY STORES Feb Fuel $256.67 602 49490 2tO 038526 HOLIDAY STORES Feb Fuel $256.67 60t 49440 210 038526 HOLIDAY STORES Feb Fuel $256.67 101 43120 210 038526 HOLIDAY STORES Feb Fuel $25.6.67 101 45202 210 038526 HOLIDAY STORES Feb Fuel $477.21 101 43125 210 038527 HOME DEPOT CR BC filters, shop supplies $35.20 601 49440 220 038527 HOME DEPOT CR vac filters, shop supplies $17.65 101 45201 220 038527 HOME DEPOT CR vac filters, shop supplies $17.65 101 41941 220 038528 ING LIFE INS & ANNUITY COMPANY Reg pp 5 $600.00 101 038529 KENNEDY & GRAVEN, CHARTERED Meadowvale Lawsuit $4,148.80 425 43122 530 038530 KLN DISTRIBUTING, INC New switch installation $316.62 601 49431 530 038530 KLN DISTRIBUTING, INC Upgrade Police Sec workstation $505.13 101 42120 215 038531 LEAGUE OF MN CITIES INS TRUST Liablity Insurance $700.00 101 41941 361 038531 LEAGUE OF MN CITIES INS TRUST Open Meeting Law $330.40 101 41110 361 038531 LEAGUE OF MN CITIES INS TRUST Liablitylnsurance $8,200.25 602 49480 361 038531 LEAGUE OF MN CITIES INS TRUST Open Meeting Law $82.60 101 41310 361 038531 LEAGUE OF MN CITIES INS TRUST Liablity Insurance $1,948.00 101 41430 361 038531 LEAGUE OF MN CITIES INS TRUST Liablity Insurance $525,00 602 49472 361 038531 LEAGUE OF MN CITIES INS TRUST Liablity Insurance $50.00 101 41942 361 038531 LEAGUE OF MN CITIES INS TRUST Liablity Insurance $6,448,00 101 42120 361 038531 LEAG.UE OF MN CITIES INS TRUST Liablity Insurance $525.00 602 49473 361 038531 LEAGUE OF MN CITIES INS TRUST Liablity Insurance $18,000.00 105 42220 361 038531 LEAGUE OF MN CITIES INS TRUST Liablity Insurance $10,742.25 101 43120 361 038531 LEAGUE OF MN CITIES INS TRUST Liablity Insurance $7,869.25 101 45202 361 038531 LEAGUE OF MN CITIES INS TRUST Liablity Insurance $5,999.25 601 49440 361 038531 LEAGUE OF MN CITIES INS TRUST Liablity Insurance $525.00 602 49471 361 038531 LEAGUE OF MN CITIES INS TRUST Liablity Insurance $443.00 101 41110 361 038531 LEAGUE OF MN CITIES INS TRUST Liablity Insurance $525.00 602 49470 361 038532 MAIER TYPEWRITER SERVICE toner $29.77 101 41530 200 038532 MAIER TYPEWRITER SERVICE HP ink $20.18 101 41430 200 038533 PERA Reg pp 5 & 5.1 $5,709.09 101 038534 REED CONSTRUCTION DATA Ad 2007 Storm Sewer Improvements $198.47 651 49900 530 038535 STEARNS COOPERATIVE ELEC. ASSN January Usage $467.14 101 45201 381 038535 STEARNS COOPERATIVE ELEC. ASSN January Usage $50.00 101 43160 386 0.38535 STEARNS COOPERATIVE ELEC. ASSN January Usage $45.50 602 49480 381 038535 STEARNS COOPERATIVE ELEC. ASSN January Usage $105.61 602 49471 381 038535 STEARNS COOPERATIVE ELEC. ASSN January Usage $65.75 602 49472 381 038535 STEARNS COOPERATIVE ELEC. ASSN January Usage $64.27 602 49473 381 038535 STEARNS COOPERATIVE ELEC. ASSN January Usage $572.18 101 43160 386 038535 STEARNS COOPERATIVE ELEC. ASSN January Usage $33.00 101 43160 386 038535 STEARNS COOPERATIVE ELEC. ASSN January Usage $13.50 101 43160 386 038536 STONEHOUSE TAVERN & EATERY Council Workshop 2/15/07 $10.82 101 42140 331 038536 STONEHOUSE TAVERN & EATERY Council Workshop 2/15/07 $10.82 602 49490 331 038536 STONEHOUSE TAVERN & EATERY Council Workshop 2/15/07 $10.82 105 42240 331 038536 STONEHOUSE TAVERN & EATERY Council Workshop 2/15/07 $43.29 101 41110 331 038536 STONEHOUSE TAVERN & EATERY Council Workshop 2/15/07 $10.82 601 49440 331 038537 WSB & ASSOCIATES, INC Field Street Corridor $1,231.41 435 43120 530 038538 XCELENERGY Feb usage $1,287.09 105 42280 383 038538 XCELENERGY Feb usage $456.60 105 42280 381 City of St. Joseph Bills Payable..March 12, 2007 Page 2 Check # Search Name Comments Amount FUND DEPART OBJ 038538 XCELENERGY Feb usage $243.24 101 45202 381 038538 XCEL ENERGY Feb usage $203.20 101 43160 386 038538 XCELENERGY Feb usage $133.04 101 45201 383 038539 LAW ENFORCEMENT LABOR Feb Union Dues $276.50 101 038540 AFSCME COUNCIL 65 Feb Union Dues $292.40 101 038541 SAM'S CLUB VHS tapes $52.80 101 42120 210 038541 SAM'S CLUB drum oil $40.40 101 43120 210 038542 JENSEN, LORI-CUST refund partial Fire Hall rental $50.00 105 42210 038543 ST. CLOUD AREA PLANNING ORG. St. Cloud APO $24.00 101 43120 331 038545 CITY OF ST JOSEPH building permits plumbing $0.75 101 41941 210 038545 CITY OF ST JOSEPH building permits sign $0.50 101 41941 210 038545 CITY OF ST JOSEPH postage to Medford OR $11.60 101 42120 322 038546 A-1 TOILET RENTAL Rent portable-Memorial Park $69.23 205 45203 531 038546 A-1 TOILET RENTAL Rent portable-Northland Park $69.23 205 45203 531 038546 A-1 TOILET RENTAL Rent portable-Kleinfelter $69.22 205 45203 531 038547 ACCLAIM BENEFITS administration $10.67 101 45202 137 038547 ACCLAIM BENEFITS administration $10.00 101 41430 137 038547 ACCLAIM BENEFITS administration $5.00 101 41530 137 038547 ACCLAIM BENEFITS administration $5.00 603 43230 137 038547 ACCLAIM BENEFITS administration $48.00 101 42120 137 038547 ACCLAIM BENEFITS administration $10.66 602 49490 137 038547 ACCLAIM BENEFITS administration $10.67 601 49440 137 038548 ALL CARE TOWING towing Pontiac Sunbird Wht $40.90 101 42152 220 038549 AUTO VALUE PARTS STORES - taillights for plow trucks $25.20 101 43125 220 038549 AUTO VALUE PARTS STORES - oil - skid loader $24.27 101 43125 220 038550 BANYON DATA SYSTEM fixed asset conversion $300.00 101 41530 215 038551 BLUE CROSS BLUE SHIELD MN Mn Care plan 4 $4,983.00 101 038551 BLUE CROSS BLUE SHIELD MN VEBA $292.00 101 038551 BLUE CROSS BLUE SHIELD MN Common Plan 23 $9,547.50 101 038552 C & L EXCAVATING snow hauling $120.00 101 43120 210 038553 CATCO PARTS & SERVICE repairs to truck #89 $170.32 101 43125 220 038554 CENTRAL HYDRAULICS hose & swivels $18.40 101 43120 220 038554 CENTRAL HYORAULlCS cylinder repair $25.00 101 43125 220 038555 CENTRAL MCGOWAN oxygen $53.02 101 45201 210 038556 COLD SPRING VETERINARY CLINIC 3-kennel fees $44.94 101 42700 300 038556 COLD SPRING VETERINARY CLINIC 2-kennel fees $29.96 101 42700 300 038557 GRANITE ELECTRONICS replace bad lamp on Iightbar $43.70 101 42152 220 038558 HAWKINS WATER TREATMENT Azone 15 & HydroflusilicicAcid $735.84 601 49420 210 038559 HEARTLAND DOOR SALES INC. service & adj door 6 $59.00 105 42280 220 038560 INSPECTRON INC Jan & Feb services $16,250.00 101 42401 300 038561 JM GRAYSTONE OIL CO.,INC Fuel - Feb $173.83 602 49490 210 038561 JM GRAYSTONE OIL CO., INC Fuel - Feb $168.55 105 42220 210 038561 JM GRAYSTONE OIL CO.,INC postage - Feb $27.38 602 49490 322 038561 JM GRAYSTONE OIL CO., INC Fuel - Feb $250.89 101 43120 210 038561 JM GRAYSTONE OIL CO., INC Fuel - Feb $250.89 101 43125 210 038561 JM GRAYSTONE OIL CO., INC Fuel-Feb $157.14 101 43125 210 038561 JM GRAYSTONE OIL CO.,INC Fuel - Feb $54.48 101 43120 210 038561 JM GRAYSTONE OIL CO., INC Fuel - Feb $54.47 101 45202 210 038561 JM GRAYSTONE OIL CO., INC Fuel - Feb $54.47 601 49440 210 038561 JM GRAYSTONE OIL CO., INC' Fuel - Feb $54.47 602 49490 210 038561 JM GRAYSTONE OIL CO., INC Fuel - Feb $65.52 101 42152 210 038561 JM GRAYSTONE OIL CO., INC Fuel - Feb $173.83 101 43120 210 038561 JM GRAYSTONE OIL CO., INC Fuel - Feb $250.89 101 45202 210 038561 JM GRAYSTONE OIL CO.,INC Fuel - Feb $250.90 602 49490 210 038561 JM GRAYSTONE OIL CO., INC Fuel - Feb $173.83 101 45202 210 038561 JM GRAYSTONE OIL CO., INC Fuel - Feb $173.83 101 43125 210 038562 LEEF BROS clothing- Feb $58.71 602 49490 171 038562 LEEF BROS clothing - Feb $58.71 601 49440 171 038562 LEEF BROS clothing - Feb $58.71 101 43120 171 City of St. Jos~ph Bills Payable..March 12, 2007 Page 3 Check # Search Name Comments Amount FUND DEPART OBJ 038562 LEEF BROS floor mats, towels $124.54 101 41430 210 038562 LEEF BROS floor mats, $51.02 101 42120 210 038562 LEEF BROS clothing - Feb $58.71 101 45202 171 038563 LEE'S ACE HARDWARE supplies $59.60 101 42120 220 038563 LEE'S ACE HARDWARE supplies $28.58 101 41941 210 038563 LEE'S ACE HARDWARE supplies $7.68 101 45202 220 0385.63 LEE'S ACE HARDWARE supplies $16.28 101 45201 220 038563 LEE'S ACE HARDWARE supplies $11.98 601 49440 220 038563 LEE'S ACE HARDWARE supplies $13.08 101 43120 220 038563 LEE'S ACE HARDWARE supplies $11.83 602 49450 220 038564 MAIER TYPEWRITER SERVICE HP Toner $133.07 101 41430 200 038565 MANEY INTERNATIONAL INC. strobe $109.59 101 43125 220 0385.65 MANEY INTERNATIONAL INC. strobe bulb $41.09 101 43125 220 038566 MENARDS supplies for repairs at old city hall $180.70 101 41941 220 038567 MILLS FLEET FARM $25.00 101 43120 210 038568 MINNESOTA ELEVATOR, INC service-March $82.57 101 41942 220 038569 NCPERS GROUP LIFE INSURANCE life insurance-March $9.00 101 038570 PITNEY BOWES postage $99.36 101 41430 322 038570 PITNEY BOWES postage rental $172.61 101 41430 410 038570 PITNEY BOWES postage $298.07 101 42120 322 038570 PITNEY BOWES postage $16.56 105 42210 322 038571 PRINCIPAL LIFE Dental & Life InS-March $1,883.45 101 038572 RISK'S SAFETY CONSULTING CO. 24 1 st Responder Refresher $5,034.00 105 42240 443 038573 SAM'S CLUB Membership dues $17.50 602 49490 433 038573 SAM'S CLUB Membership dues $17.50 601 49440 433 038574 ST. JOE TOUCHLESS CAR WASH car wash $5.35 101 42152 210 038575 ST. JOSEPH NEWS LEADER Community CPR Class $52.00 105 42210 340 038575 ST. JOSEPH NEWSLEADER Public Hearing Ad $26.00 441 43121 530 038576 STEARNS COUNTY RECORDER record 12219565 & 1219566 $92.00 101 41910 431 038577 THE LOCAL BLEND CouncillDept Head Workshop 2/15/07 $22,00 101 41110 331 038578 TIREMAXXSERVICE CENTERS tire repair #89 $100.16 101 43125 220 038579 TRAUT WELLS Test-Kennedy School, Mtg Gtnds, Fire Hall $$7.00 601 49420 312 038580 US CABLE 1 -Fiber Network Lease $724,95 601 49431 530 . 038580 US CABLE Internet Service-March $39.95 105 42250 321 038581 WERNER ELECTRIC SUPPLY locking ties $39.16 601 49440 210 038582 XCELENERGY Feb usage $3.32 105 42280 381 038582 XCELENERGY Feb usage $614.17 101 45201 383 038582 XCELENERGY Feb usage $17.47 101 45201 381 038583 ZEP MANUFACTURING towels $50.01 101 41430 210 038583 ZEP MANUFACTURING carwash $42.86 101 43120 210 038583 ZEP MANUFACTURING carwash $42.86 101 45202 210 038583 ZEP MANUFACTURING towels $50.01 101 45201 210 038583 ZEP MANUFACTURING towels $50.01 101 45202 210 038583 ZEP MANUFACTURING handwash dispenser & soap for New WTP $121.30 601 49440 210 038584 ALEXAIRAPPARATUS,INC annual air quality test $607.96 105 42220 220 038585 ALLIED WASTE SERVICES February service $72.34 602 49490 384 038585 ALLIED WASTE SERVICES February service $72.34 101 45202 384 038585 ALLIED WASTE SERVICES February service $72.35 105 42220 384 038585 ALLIED WASTE SERVICES February residential service $15,751.72 603 43230 384 038586 FEDEX postage for sergent $17.18 101 42120 322 038587 HAWKINS WATER TREATMENT influent Bod Test $91.20 602 49480 312 038587 HAWKINS WATER TREATMENT Phosphorus test $40,20 602 49480 312 038587 HAWKINS WATER TREATMENT Lead sam pi $32.00 602 49480 312 038588 KLN DISTRIBUTING, INC backup tapes $115.02 101 41430 200 038588 KLN DISTRIBUTING, INC network service $795.94 101 41430 215 038588 KLN DISTRIBUTING, INC switch installation for Wtr Plant $188.70 601 49431 530 038588 KLN DISTRIBUTING, INC network service $795.94 101 42120 215 038589 LOSO,NATHAN 2 council - 3 updates $150.00 101 41950 103 038590 NAHAN, TOM bulbs $10.67 101 41950 210 City of St. Joseph Bills Payable-March 12, 2007 Page 4 Check # Search Name Comments Amount FUND DEPART OBJ 038591 ONE CALL CONCEPTS, INC notification-Feb $8.70 601 49440 319 038591 ONE CALL CONCEPTS, INC notification-Feb $8.70 602 49490 319 038592 RENGEL PRINTING generic business cards $33.55 101 41430 200 038593 ST. CLOUD TIMES ad for bids $313.56 651 49900 530 038594 UNUM LIFE INSURANCE disability insurance.April $567.36 101 038595 VERIZON WIRELESS March service $226.25 101 42151 321 038595 VERIZON WIRELESS March service $81.53 105 42250 321 038595 VERIZON WIRELESS March service $15.99 101 45202 321 038595 VERIZON WIRELESS March service $15.99 101 43120 321 038595 VERIZON WIRELESS March service $19.43 101 45202 321 038595 VERIZON WIRELESS March service $19.43 101 43120 321 038595 VERIZON WIRELESS March service $38.85 602 49490 321 038595 VERIZON WIRELESS March service $113.18 101 41430 321 038596 XCELENERGY February usage $1,097.46 601 49410 381 038596 XCEL ENERGY February usage $204.19 601 49410 383 038596 XCELENERGY February usage $597.05 602 49480 381 038596 XCELENERGY February usage $371.69 602 49480 383 038596 XCEL ENERGY February usage $117.06 602 49470 381 038596 XCEL ENERGY February usage $433.35 601 49420 381 038596 XCEL ENERGY February usage $3.66 101 42500 326 038596 XCELENERGY February usage $33.02 101 42610 386 038596 XCELENERGY February usage $1,041.41 101 41942 383 038596 XCELENERGY February usage $84.47 602 49471 383 038596 XCEL ENERGY February usage $252.89 601 49435 381 038596 XCEL ENERGY February usage $40.59 101 43120 381 038596 XCELENERGY February usage $441.62 101 43120 383 038596 XCEL ENERGY February usage $294.41 101 45201 383 038596 XCELENERGY February usage $15.82 101 43120 381 038596 XCEL ENERGY February usage $10.55 101 45201 381 038596 XCELENERGY February usage $43.14 101 45201 381 038596 XCEL ENERGY February usage $774.85 101 41942 381 038596 XCEL ENERGY February usage $1,419.77 101 41941 383 038596 XCEL ENERGY February usage $371.44 101 41941 381 038596 XCEL ENERGY February usage $135.46 101 45123 383 038596 XCELENERGY February usage $66.41 101 45123 381 038596 XCELENERGY February usage $53.84 101 45202 381 038596 XCEL ENERGY February usage $2,165.09 101 43160 386 038596 XCEL ENERGY February usage $64.72 101 43120 381 $167,860.70 I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Consent Agenda DATE: March 15,2007 Administration ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Gambling Donation - Requested Action: Accept the donation from the St. Joseph Lions in the amount of $500 to be used for CPR classes offered through the Fire Department. PREVIOUS ACTION None RECOMMENDED BOARD ACTION Accept the donation from the St. Joseph Lions in the amount of $500 to be used for CPR classes offered through the Fire Department. FISCAL IMP ACT $500 COMMENTS/RECOMMENDA TION Minnesota Lawful Gambling LG555 - Government AJ:?proval or Acknowledgment For Use ~eCEIVED Gamblin Funi:ls (previoosly lG503 8ld lG265) 1) " Organization Information (please print) 2 7 2007 Organization Name ~.,.. _:ros.~H- Ut>JV ~ license Number ST. JOSEPH Ad<lress p.o. 'Bc).~ ~L 51'- j"oseill. MIV 51'-J74- ,Expenditure Description (attach additional sheets if necessary) 1. Amount of proposed lawful purpose expenditure I $ 5'"00. - CPt-. CLASS P-5 2. Check the appropriate e)(penditure category: F'~ ~ )!:: Conbibutio!l to a unit of government " United State$. state of Minnesota. or any of its subdivisioos, agencies. or<inslrumentallties. NOTE: A coobibution may not be made directly to a law enfacement or prosecutorial agency, such as a pdice department, county sheriff, or county attorney. _ A wildife management project that benefits the public at large with approval of the state agency that has authority eNer the project Describe the proposedexpendil\lre. including vendors. _ Grooming and maintaining snowmobile or all-terrain vehicle trails with approval by DNR. All trails must be open to public u~. Describe \he pr~i~enditure, including vendors. Oath . I aflinn that the contribution or e)(penditure, in accordance wilh Minnesota Rule 7861.0120. subpart 50(10). does not result in any net monetary gain or other pecuniary benefit to our organization. . I affinn lhat when lawful gambling funds are used for grooming and maintaining snowmobile a all-terrain vehicle trails 01' for any W11drtfe man~ement projectfa which reimbursement is received from a unit of governmEnt. lhe reimbur__ m t funds must osited in. .....-0, _ ......,~ ec. ordad on th$ LG1010 - Schedule C/O. report. ~..;D -6~ -791:>3 O~l ~o l~ dficer's sgmture number Dale Government Approval/Acknowledgment By signature below, the representative of lh6 unit of geNemment . apprCNes the project as described above, and/or . acknowledges lh& conbibulion. which will not be used for a pension or retirement fund. Unftd___ (i ly ~ E{. .J;;.f.RA ............. 32d ~5"" l-'d -... T'8. ~!{ . b*.' I!( . CiIy s1 :Jo'4>ph.' -J1 Zip ~:WV Print Name ::Jti d' LAki/ '/1 S 1ilIe (7{'/;',m",il1 (::f:~/ctf-g?/ ~nall~:-.""'~ ,If Dale ~ I j ::~ 6 '7 - , . this completed form attached to .theLG1010- Schedule OlD in yourOl"gQllization's records. This form will be made availalle in atOO18tive format (i.e. large print. Sr.) ~ req.mst. If you use a TTY, you C8"I call us by using the Mimesola Relay Service at 1-800-627- 3529 and ask to place a call to 651-639-4000 < The information le(fJElSted.on ttis form wiD beccme public informaion, when requested by the B03lI. S1d wi be used to determine yotI' oori1pliance with Minnescta stautes and rules governing laWful gambling activilies. For additional information. check our web site at ww.gcbstate.mn.us Attachment: No REQUEST FOR COUNCIL ACTION Consent Agenda DATE: March 15, 2007 Cable Commission ORIGINATING DEPARTMENT Administration DEPARTMENT APPROVAL AGENDA ITEM Equipment Request - Authorize the Cable Commission to purchase two new cameras as well as a 27" television for use in the Council Chambers not to exceed $6,000. PREVIOUS ACTION None RECOMMENDED BOARD ACTION Equipment Request - Requested Action: Authorize the Cable Commission to purchase two new cameras as well as a 27" television for use in the Council Chambers not to exceed $6,000. FISCAL IMPACT None COMMENTS/RECOMMENDA TIONS The current cameras and television would be used in the new water filtration plant to allow for televising capabilities. Funds for the new cable equipment would come from the PEG Access Fees. --1 I Attachment: ~r No REQUEST FOR COUNCIL ACTION Consent Agenda DATE: March 15,2007 Administation ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Gambling Application - Accept the Lawful Gambling Application for Exempt Permit for the CSB/SJU Ducks Unlimited Chapter for an event to be held at the El Paso Bar & Grill on April 21,2007. PREVIOUS ACTION None RECOMMENDED BOARD ACTION Gambling Application - Requested Action: Accept the Lawful Gambling Application for Exempt Permit for the CSB/SJU Ducks Unlimited Chapter for an event to be held at the EI Paso Bar & Grill on April 21, 2007. FISCAL IMPACT None COMMENTS/RECOMMENDA TIONS Minnesota Lawful Gambling LG.220 Application for Exempt Permit Organizati.on Information Organization name Fee $5.0 Page 1 of 2 06/03 For Board Use Only Fee Paid Check No. Previous lawful gambling exemption number f\ Name of treasurer First name Last name 0'v,lV\< 7::.~- cv~ V\.. Type of Nonprofit Organization State/zip code Sl.a~?-\ County D~r\S Daytime phone number of CEO Include area code PiS?; 84 -C\'V;:Z Daytime phone number of easurer. Include area code ~SO - L-.tBS Check the item that best describes your organization: Fraternal _ Religious _ . Veteran.. :;;.. Other nonprofit organization Check the Item that indicates the type of proof your organization attached to this application: _ IRS letter indicating income tax exempt status Certificate of Good Standing from the Minnesota Secretary of State's Office . ~ A charter showing you are an affiliate of a parent nonprofit organization _ Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) b\':\) <s- G\\ Address (do not use PO box) City State/zip code County 1AfJ M~ Nl\JI . (fv N\fv S Date(s) of activity (for raffles, indicate the date ofthe drawing) n Check he item( s) that indicate the type of gambling activity your organization will be conducting: _ *Bingo ~ Raffles (cash prizes may not exceed $12,000) _ *Paddlewheels _.*Pull-tabs *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in name and address will be public alternative format (i.e. large print, Braille) information when received by the Board. upon request. The information requested All the other information that you provide on this form (and any attachments) will be will be private data about you until the used by the Gambling Control Board Board issues your permit. When the Board (Board) to determine your qualifications to issues your permit, all of the information be involved in lawful gambling activities in that you have provided to the Board in the Minnesota. You have the right to refuse to process of applying for your permit will supply the information requested; however, become public. If the Board does not issue if you refuse to supply this information, the you a permit, all the information you have Board may not be able to determine your provided in the process of applying for a qualifications and, as a consequence, may permit remains private, with the exception refuse to issue you a permit. If you supply of your name and your organization's name the information requested, the Board will and address which will remain public. be able to process your application. Private data about you are available only to Your name and and your organization's the following: Board members, staff of the _ *Tipboards Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. LG220 Application for Exempt Permit Organization Name ~ {.t.v\UfW\W.:M, '19'\5 Local Unit of Government Acknowledgment Cfi>Y> I ~~ \l Page 2 of 2 06/03 If the gambling premises is within city limits, the If the gambli",g premises is loc~ted in a township, both city must sign this application. the county and township must.sign this'application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknovvledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. D The city approves the application with no 0 The county approves the application with no waiting period. waiting period. ~ D The city approves the application with a 30 day 0 The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. city). D The city denies the application. 0 The county denies the application. Print name of city Print name of county (Signature of city personnel receiving application) (Signature of county personnel receiving application) Title Title Date~_I_ Date ----1----1_ TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature oftownship official acknowledging application) Title Date----1~_ Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Chief executive officer's signature "h/~ )::UiA. Name (please print) TLdor 1wa Date 03 ler 101 a Mail Application and Attachments At least 45 days prior to your scheduled activity date send: . the completed application, . a copy of your proof of nonprofit status, and . a check for $50; Make check payable to "State of Minnesota". Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 LG220 Application for Exempt Permit, Information Sheet 06/03 Who may be issued An exempt permit can be issued to nonprofit organizations conducting lawful gambling an exempt permit? activity on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. (Raffles: Total cash prizes for a raffle may not exceed $12,000.) Separate applications required Complete a separate application for each occasion. An occasion may be either: 1. One day of gambling activity. . If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. . If your organizationwants to conduct gambling on July 3,4, and 5 at the same site, you may submit only one application and one fee. Raffle: If you are conducting a raffle, each day a drawing is held constitutes one day of gambling. If drawings are held on more than five days in a calendar year, your organization must obtain an organization license, a gambling manager's license, and a premises permit. How to obtain a copy of proof of nonprofit status OR IRS Income Tax Exemption Under a national organization If your organization falls under a national organization, attach both of the following: 1. a copy ofthe IRS letter showing that your national organization has been a registered nonprofit 501 (c) organization and carries a group ruling, and 2. a copy of the charter, or letter from your national organization, recognizing your organization as a subordinate. Minnesota Secretary of State Certificate of Good Standing - NonprofitArticles of Incorporation Attach a copy of your organization's Certificate of Good Standing (317 A) showing incorporation as a nonprofit organization. This certificate can be obtained from the Minnesota Secretary of State: Minnesota Secretary of State Business Services Division 180 State Office Building St. Paul, MN 55155 Phone: 651-296-2803 Not under a national organization If your organization does not fall under a national organization, attach a copy of the IRS income tax exemption [501 (c)] letter in the name of your organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send yourfederallD number and the date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 4010 Cincinnati,OH 45201 Sales tax exempt status or federallD employer numbers are not proof of income tax exempt status. Financial report and recordkeeping required Questions? . A financial report form and instructions will be sent with your permit. . Complete and return the financial report form to the Board within 30 days of your date of activity. . Your organization must keep its gambling records for 3-1/2 years. Call the Licensing Section of the Gambling Control Board at 651-639-4000. If you use a TTY, call the Board by using the Minnesota Relay Service and ask to place a call to 651- 639-4000. Or, check our web site at www.gcb.state.mn.us. '-,,';"- i~~ ~~-;':"::::':'::'. . ' , :<~ AUTHORIZATION <<: <<. s< Y" ~< ,. , ~ The undersigned, Chairman of the "CSB/SJU-PU' Chapter, of Ducks Unlimited, Inc., hereby authorizes Ducks Unlimited, Inc., to include said Chapter in an application for group income tax. exemption under Section 501.@ (3) of the Internal Revenue Code, thereby relieving said Chapter from the burden of obtaining a separate exemption determination. ~ "CSB/SJU-DU" Chapter of Ducks Unlimited, Inc. 295 Chapter # , Collegeville City Minnesota State , (Jl-(J~- eq- "Date ~",,~,...jj flu;,. Ch 'an ~~~~~'^-./":-~~~ .hex' \1'\ .~ !/l r ~.fCIs~ I ~~:::;;:-::;,':.:;':-;:-::~;--::;'::-:;;::.;,::~::.::-;'::?-:.~:'::.::;;..~. ....:~:s~. ~? " <<, ? II ~ DUCKS UNLJMlTBD~ INC CHAPTER CHARXER Ducks Unlimited, Ine., a District of Columbia not-for-profit corporation, does hereby officially recognize and charter the CSB/SJU-DU Chapter of COllegeville (City)~ Minnesota (State) as an_official Chapter of Ducks Unlimited, Inc. This Charter shall remain in . . force and eff~ for S() long as the aforementioned Chapter shall abide' by .and comply with the then current and existing Articles of Incorporation, Code of Regulations, Operational Policies as set forth in the Operating Manual and Chapter Guidelines of Ducks Unlimited, Inc. . IN WITNESS WEREOF, I, James-E. Bulbert, President of Ducks UnIimitet\ Inc.~ have caused to be executed this Local Comnrlttee Charter on this 31m .'. . day of January .2007 DUCKS UNLIMITED, INC. ! By: . tZ~6~ .... V . James E. Hulbert, President I I K Accepted by the . Conegeville this .31st- day of . CSB/SJU~DU (City )~ Ja.nuary . Chapter # Minnesota 2007. 295 of (State), By:. ~ I(b;/l- Ch. aD' . ~ ~~~~ I Attachment: Yes or No REQUEST FOR COUNCIL ACTION AFSCME Wage Sca.le DATE: ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM AFSCME Wage Scale - Adopt the recommendations of the Personnel Committee implementing the Springsted Study for AFSCME Members. PREVIOUS ACTION The Personnel Committee (Mayor Carlbom and Councilor Rassier) have been meeting with representatives of AFSCME to discuss implementation of the Springsted Study. AFSCME has unanimously voted to adopt the implementation as presented in your packet. The City already has approved an agreement with the Police Union to implement Springsted for the LELS Membership effective January 1 2007. RECOMMENDED COUNCIL ACTION Approve the Springsted Implementation as recommended by the Personnel Committee. 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I'-- cO...tNOmr-: NNNN.............. .......COLOI'--......LO 0>0(\')1'--(\')0> '<;/"co.......mcx:icO NNN................... ,<;/"I'--,<;/"NNN OOO'<;/"O>LON cONOcx:ir-:cO NNN..................... .......NCO......I'--N OO.......LO.......I'--LO N.......mcx:icOt.O NNT"""T"""T"""T""" (\')..........(\')'<;/"CO OONI'--(\,)OOO ""':ocx:ir-:cO...t C\lC\lT"""T"""T"""T""" Office Specialist fLSA Status: Non Exempt General Definition of Work Performs intermediate skilled aQrninistrative support work involving a variety of administrative support and office assistance tasks, including assisting in the administration of the City's permitting and utility billing operations; providi~g assistance to the public, and related work as required. Work is performed under the limited supervision of the City Administrator. Essential Functions The followingfunctions are intended only as illustrations of the various types of work performed. The omission of specific duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. . Answers telephones, provides information or directs incoming calls to the appropriate staff. . Greets visitors and the public, referring them to proper party. . Receives and processes incoming and outgoing mail. . Prepares agendas and meeting materials for the City Council and Planning Commission, prepares minutes of all meetings. . Maintains various public records, scans and files all City correspondence. . Assists utility billing by receiving payments both via mail and in-person; acts as back.up when needed. . Creates and maintains monthly calendar for City Hall and other city properties and maintains the City's web site. . Assists in the building permit process by collecting application information, submitting to proper authority for review and approval, and preparing final permits; completes month-end activity reports. . Updates the Ordinance Book, forwards publication affidavits to the City Attorney. . Prepares mailings notifying adjacent property owners of public hearings. . Performs related tasks as required. Knowledge, Skills and Abilities General knowledge of City functions and policies; general knowledge of permitting and utility billing operations; general knowledge of standard office and receptionist procedures, including the operation a telephone system; ability to handle a variety of tasks and problems independently; ability to comprehend complicated policies, procedures and materials; ability to handle and maintain confidential information; ability to read, summarize and/or compare straightforward workplace data; ability to speak clearly; ability to understand and follow written and oral directions; ability to operate standard office equipment; ability to establish and maintain effective working relationships with associates, elected officials and the general public Education and Experience High school diploma or GED and moderate experience, or equivalent combination of education and experience. Physical Requirements This work; work regularly requires sitting, using hands to fniger, handle or feel and repetitive motions and occasionally requires standing and walking; work requires depth perception and color perception; vocal communication is required for expressing or exchanging ideas by means of the spoken word; hearing is required to perceive information at normal spoken word levels; work requires preparing and analyzing written or computer data, visual inspection involving small defects and/or small parts and observing general surroundings and activities; work has no exposure to environmental conditions; work is generally in a moderately noisy location (e.g. business office with typewriters and/or computer printers, light traffic). MaintenanneSupervis0f Essential Functions The followingfunctions 'are intended only as illustrations of the various types of workperformed. 'The 0l1lission of specific duties does not exclude them from the position if the work is similar, related or a logical assignment to theposiiiO/'l; . Coordinates, supervises and participates in daily public works activities including repair and maintenance of streets and utility lines,.cleaning ditches and catch basins, ,and respondingtorequests for utility locates etc.; provides technical advice and assistance to Maintenance Workers and the WaterlWastewater Plant Operator. . . Schedules work projects and assign staff and, equipment; reviews and approves timesheets. . -Supervises crews in the maintenance, repair, installation and construction ofa variety of public works projects;'provides technical advice and assistance to Maintenance Worketand Utilities Operator . Monitors adherence to safety procedures at public works job sites and in the handling of all chemical, supplies and materials and the operation of motor equipment. . Prepares and maintains records of work orders, materials used and supply inventory; maintains plant operating logs. . . Supervises and participates in installing new sewer and water lines and water and sewer services. . Assists in completing performance evaluations and various reports; assists in handling citizen complaints.. . Operates various equipment as needed to complete public works projects and respond to emergencies. . Performs related tasks as required. Knowledge,SkiUs and Abilities Thorough knowledge of repair, maintenance, and construction practices for streets and drainage systems; thorough knowledge of the operation, mamtenance, construction, and rehabilitation of utility facilities; thorough knowledge of hazards and safety precautions associated with such work; thorough knowledge of applicable codes and pertinent inspection and safety requirements; ability to recognize and diagnose problems; ability to make time artdmaterials estimates; ability to follow oral and'written instructions; ability to plan and supervise the work of others; ability to work from sketches, blueprints and drawings; ability to prepare maps; ability to maintain records; ability to establish and maintain effective working relationships with associates. Education and Experience AssociatesITechnical degree with coursework in engineering, construction, or related field with certifications as indicated in the Special Requirements section and considerable experience in maintenance operations, or equivalent combination of educati~n and experience. Physical Requirements This work requires the regular exertion of up to 50 pounds of force and occasional exertion of up to IO pounds of force; work regularly requires speaking or hearing and using hands to finger, handle or feel, frequently sitting and repetitive motions and occasionally requires standing, walking, climbing or balancing, stooping, kneeling, crouchjng or crawling, reaching with hands and arms, tasting or smelling, pushing or pulling and lifting; work requires close vision, distance vision, ability to adjust focus, depth perception, night vision and peripheral vision; vocal communication is required for conveying detailed or important instructions to other accurately, loudly or quickly; hearing is required to perceive information at normal spoken word levels and to receive detailed information through oral communications and/or to make fine distinctions in sound; work requires preparing and analyzing written or computer data, visual inspection involvirIgsnrall defectsandlorsma.llparts, using of measuring devices, assembly or fabrica.tioll of parts .withm arms length, operating machines, operating motor vehicles or equipment and observing generaIsurroundi.n.gs al!d activities; work occasiona.lly req~ires wet, humid conditions (non-weatheJ,"),.WQrkingnear moving mechanical parts, exposure to fumes or airborne particles, exposure t() toxic orcausti~ cllemicals, exposure to outdoor \\leather conditions, .ex:posure to extreme cold (non-weather), exposureto eXtreme heat (non-weather), exposure totherisk of electrical shock, exposure to vibration aud wearirIg a self contained breathing apparatus; work is generally in a loud noise location (e.g. heavy traffic, large earth~moving equipment). Special Requirements Class C \Vater Certification. Class C Wastewa.ter Certification. First Aid and CRPCertificatiol1 Possession of an~ppropriate commercial driver's license valid in the State of Minnesota. UtUityPlantlperalor FLSA Status: . Non~Exempt GeneraIDe!iijiti~Jl. of'v\f(l)J~k Pe1'forn1sdifficu.ltteC:hrii~al work opexatiJ;1gihewatertreatmeD.tplantandequip1l1ent assisfuxg with public works installation, maintenance and r.epair projects, and related work as required. Work isperrormedunder the supervision . of the Maintenance Supervisor. Essential Functions ThefollowingJullC!tions ate intended only as illustrations of the various types of work performed. The omission of specific duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. . PrOvides general supervision of the activities of the City's water and wastewater operations. " Takes state mandated water samples; submits samples. . . . Analyzes daily water samples; adjusts proper chemical feeds; e~ures safe drinking water. . Maint!iins sec.urity oftre~tD.lentplant;responds tt).alarms .and emergency situations, responsible for emergency action plan in case of leak; monitors various systems. . Monitors wells and water towers fot usage and fire protection; monitors distribution systems. . Maintains the wastewater collection system; conducts and documents lift station inspections. . Prepares records and reports pertaining to inspections; submits flow record information to the City. of St. Cloud. . Prepares the budget for the water and wastewater operations; purchases supplies and materials and monitors expenditures to stay within the authorized budget. . Handles hazardous chemicals; orders chemicals and supplies. . Maintains, repairs and calibrates various equipment throughout system; schedules repair work with contractors. . Locates utilities; inspects all new service lines. . Initiates, installs, reads and repairs meters. . Assists with snow and ice removal operations and other street maintenance activities. . Assists with the maintenance of buildings; cleaning and repairing. . Perfortns .related tasks as required. Knowledge, Skills and Abilities General knowledge of the principles, practices and equipment of water plant operations; general knowledge of chlorination requirements of water; thorough knowledge of the occupational hazards and safety precautions involved in water plant operation; general knowledge of routine laboratory procedures; ability to comprehend complicated policies, procedures and materials that contain specialized words and phrases that could have several meanings; ability to process and use complicated workplace data and graphics; ability to prepare detailed reports and maintain records; ability to establish and maintain effective working relationships with associates and customers. Education and Experience High school diploma or GED with certifications as indicated in the Special Requirements section and considerable experience in water or wastewater operations, .or equivalent combination of education and experience. Physical Requirements This work requires the regular exertion of up to 25 pounds offorce, frequent exertion of up to 50 pounds offorce and occasional exertion of up to 100 pounds of force; worker is frequently standing, speaking or hearing, using hands to finger, handle or feel, stooping, meeling, crouching or crawling, reaching with hands and arms and lifting and occasionally requires walking, sitting, tasting or smelling and pushing or pulling; work requires depth perception, color perception and peripheral vision; vocal communication is required for conveying detailed or iIlJ.portantinstructions to other accurately, loucijyoTguickly;hearin,gis required to receive detailed information tbrOqgh oral communications andlor to make fine distinctions in sound; work requires. prepariIlg and analyzing written or computer data, visual inspection involving small defects and/or small parts, using of measur:in,g d~vices, operatin:g machines, QperatiIj.g motor vehicles or equipment and observin.g general surroundings ,and activities; worker is frequently' eXPQsme.to wet, humid conditions (nolhweather) arid exposure to outdoor weather conditions and occasionally requires working near moving mechanical parts, exposure to fumes. or airborne particles, exposUre to toxic or caustic chemicals, exposure to extreme heat (non"'weather), wearing a self contained breathing apparatus and exposure to blood borne pathogens and may be required to wear specialized personal prOtective equipment; work is generally in a loud noise location (e.g. heavy traffic, large earth-moving equipment). . Special Requirements Class C Water Certification. Class C Wastewater Certification. CPR and First Aid Certification. Possession of an appropriate commercial'driver's license valid in the State of Minnesota. Maintenance Wgrker General tlefinition .of WQl'k Petfol'l'llS d1fricult semiSkilled work in a variety of installation, maintenartce and repair projects and operating equipment in connection with tasks including assisting with public works installation, performing a variety of skilled and semiskilled duties, and related work as required. Work is perfonned under the supervision of the Maintenance Supervisor. FLSA Status: Non-Exempt Essential Functions The following jUnctions are intended only as illustrations of the various types o/work performed. The omission of specific duties does 110t exclude themfrom the position if the work is similar, related or a logical assignment to the position. · Performs snow and ice control. · Mows grass; helps pick up trash and debris; trims trees; installs and maintains landscaping. · Helps maintain and repair streets, drainage ways and sidewalks, curbs, gutters, and street lights; grades and . repairs alleys. · Maintains municipal buildings; cleans and repairs buildings. · Assists in the maintenance and operation of the City's water and sanitary sewer systems by monitoring the water plant, wells and lift stations. · Installs water meters and repairs shut-offs. .. Maintains parks, park shelters and facilities, and ice rinks. · Maintains and repairs heavy and light equipment. .' Purchases items for day-to-da.y jobs and maintenance. · Performs related tasks as required. Knowledge, Skills and Abilities General knowledge ofthe safe use, operation and pr~ventive maintenance of the equipment to which assigned; skills in the use of hand tools and equipment to which assigned; ability to understand and follow specific oral instructions; ability to comprehend moderately detailed policies, procedures and Job-related materials; ability to perform manual labor for extended periods, often under unfavorable weather conditions; ability to establish and maintain effective working relationships with associates. Education and Experience High school diploma or GED and minimal driving and operating machinery, or equivalent combination of education and experience. Physical Requirements This work requires visual inspection -involving small defects and/or small parts, using of measuring devices, assembly or fabrication of parts within arms length, operating machines, operating motor vehicles or equipment and observing general surroundings and activities; work is generally in a moderately noisy location (e.g. business office with typewriters and/or computer printers, light traffic). Special Requirements Possession of an appropriate commercial driver's license valid in the State of Minnesota. First Aid andCRP Certification Reoords OffIoe Specialist FLSA Status: Non-Exempt General Definitiano{ Work Performs basic skilled administrative support work preparing, accessing and maintaiDiDg public safety records and files, preparing reports, maintainingpllblic safety data, dispatching lawemorcemel1t, and responding to incoming calls; and related work as required. Work is performed under the limited supervision of the Police Chief. Essential Functions Thefollowingfunctiims are intended only as illustrations of the various types of work performed. The omission of specific duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. . Logs a.ll inCident reports into the City's record management system. · . Ensures proper logging, filing, and distribution of citations. . Operates, accesSes and queries criminal justice information systems; conducts record checks. - Answers incoming calls, assists citizens at the cou1iter,and dispatches non~emergency calls. . Logs all parking tiCkets, . logs payments, and mailS late notices. - Classifies crime statistical information for all reports; assembles and enters/transcribes all incident reports. . . Runs criminal history reports. -Disseminates reports, citations and other information to appropriate personnel and agencies. . Maintains police files in accordance with the established retention schedule. - Maintains and takes appropriate action on suspense files. . Processes all incoming and outgoing mail for the department. . Performs related tasks as required. Knowledge, Skills and Abilities General knowledge of the methods of office equipment, including computer software; general knowledge of radio communication procedures; general knowledge of the geography of the City and location of important buildings; ability to enter data accurately at a reasonable rate of speed; ability to speak distinctly; abilitY to solve problems within scope of responsibility; ability to dea.l courteously with the public under stressful conditions; ability to establish and maintain effective working relationships with associates and the general public. Education and Experience High school diploma or GED with certifications and training as indicated in the Special Requirements section and moderate experience in office or records management systems work, or equivalent combination of education and experience. Physical Requirements This work requires preparing and analyzing written or computer data, visual inspection involving small defects and/or small parts, operating machines and observing general surroundings and activities; ; work is generally in a moderately noisy location (e.g. business office with typewriters and/or computer printers, light traffic). Special Requirements Notary public license '. Billing and P.e,rmit Techrlician FLSA Status: Non-Exempt General D,efinitlon of Work Performs mtenneiliateadministrative supportwo:dc preparing utility billings, processmg and issumg various permits . and licenses; coordinating elections, and providing general assistance to City departments, and related work as required. Work is performed under the direct supervision of the Finance Director. Essential Functions The following functions are intended only as illustrations of the various types of work performed. The omission of specific duties does not exclude them from the position if the work is similar, related or a logical assignment to the position . Responds to qllestions from the public, composes general correspondence. Calculates, adjusts, prints arid prepares utility bills for distribution. Provides routine maintenance and updating of utility accounts as needed, assuring all utility connections are billed. Verifies utility bill receipts Updates and maintains the City's property data and distributes general property and owner data. Issues excavation permits and ~imallicenses. Prepares and fo11o",:,s through on weed notices. Prepares statements for services and processes accounts receivable. Processes and'prepares liquor licenses and rental housing licenses. Coordinates and performs duties in conjunction with bi-annual and special elections. Assists in staffmg the front desk. Provides support services to the Utility Department Performs related tasks as required. . . . . . . . . . . . . Knowledge, Skills and Abilities General knowledge of policies and procedures for utility billing and issuing various permits and municipal licenses; general knowledge 'Of the functions of the City and the City Code; general knowledge of rules and regulations pettainingto conducting elections; ability to perform a considerable volume of detailed record work; ability to solve problems within scope of responsibility; ability to establish and maintain effective working relationships with city officials, associates and the general public Education and Experience High school diploma-or GED and considerable experience working in an office environment, preferably in a government setting, or equivalent combination of education and experience. Physical Retluirements This work requires preparing and analyzing written or computer data, visual inspection involving small defects and/or small parts and observing general surroundings and activities work is generally in a moderately noisy location (e.g. business office with typewriters and/or computer printers, light traffic). Special Requirements Possession of an appropriate driver's license valid in the State of Minnesota. Notary Public License 'AcoQunmngTeQAni~an . FLSA Status Non-Exempt Ge;neral Defiriitio;n of Wo.rk Petf'orIns. intermediate skilled teclmical work maintaining accounting recordS for all revenues and expenditures and preparing financial reports; administers payroll, and related work as required. . Work is performed under the direct supervision ofllie Finance Director. Essential Functions TheJollowingjuncti'Ons are intended only as illustrations 'Of the various types 'Of work performed. The omission of specific .duties does not exclude them from the position if the work is similar, related or a logical assignment to the positi('Jn. . Assists in the preparation ofvarious monthly, quarterly and annual reportS. . Assists with annual audit; prepares work papers and supporting schedules. . Reconciles various accounts, recording monthly interest and balancing the general checking account and fund Ii Processes accounts payable; submits prepared invoices for approval. . Processes payroll and generates payroll deposits, reports, and payment oftaxes; files reports with the appropriate government agency. . Processes accounts receivable. . Assists with the preparation of monthly and year-end journal entries. . Assist with the preparation of special reports analyzing program efficiency . Tracks and reports on capital asset and project activities. . Maintains information on City bond issues. . Processes enrollment and benefit changes for employees participating in the City's benefit program. . Assists with Human Resource matters . Performs related tasks as required. Knowledge, Skills and Abilities General knowledge of laws and administrative policies governing municipal financial practices and procedures; general kIiowleage of the principles and practices of accounting and budgeting in .government; ability to prepare infonna.tive financial reports; ability to follow complex oral and written directions and to prepare complex fiscal . reports; ability to operate a computerized accoUnting system; ability to establish and maintain effective working relationships with city officials, associates and the general public. Education and Experience Associates/Technical degree with coursework in finance, or related field and considerable experience in government f'mance, or equivalent combination of education and experience. Physical Requirements This work requires preparing and analyzing written or computer data, visual inspection involving small defects and/or small parts, operating motor vehicles or equipment and observing general surroundings and activities; work is generally in a moderately noisy location (e.g. business office with typewriters and/or computer printers, light traffic). Special Requirements None. I Attachment: Yes or No REQUEST FOR COUNCIL ACTION. Consent - Sergeant Promotion DATE: March 15,2007 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Sergeant Promotion - Appoint Police Officer Dwight Pfannenstein as Police Sergeant effective March 16, 2007, placing him at step 6 of the Sergeant Pay Scale. PREVIOUS ACTION RECOMMENDED COUNCIL ACTION Accept the recommendation of the Personnel Committee and promote Officer Dwight Pfannenstein to Police Sergeant. FISCAL IMPACT COMMENTS/RECOMMENDA TIONS The Personnel Committee interviewed four candidates for Sergeant - Brad Meyer, Pete Janssen, Dwight pfannestein and Dan Maagard. The promotion process included a written test and oral interview. Based on the final results it is recommended to promote Officer Dwight pfannenstein to Sergeant. The LELS contract specifies that an Officer promoted to Sergeant shall receive a minimum increase of 5%. Therefore the wage scale indicates that requirement. . Patrol Officer - Step One January 2007 July 2007 January 2008 July 2008 Attachment "A" 2007 - 2008 Wage Schedule - Police Officer and Police Sergeant 16.88 if' .... .... .' .', Police Sergeant - Step One 17.43 January 2007 18.12 July 2007 18.30.January 2008 18.71 July 2008 Patrol Officer - Step Two January 2007 July 2007 January 2008 July 2008 17.81 18.39 18.94 19.00 19.56 18.40 19.00 19.57 20.00 20.21 19.43 20.06 20.46 20.75 21.12 20.40 21.06 21.38 21.75 22.07 21.31 22.00 22.34 22.60 23.06 22.93 23.00 23.34 23.75 24.10 23.63 24.00 24.39 24.75 25.19 24.23 25.02 25.49 25.80 26.32 25.19 26.01 26.64 27.00 27.50 Patrol Officer - Step Three January 2007 July 2007 January 2008 July 2008 18.70 Patrol Officer - Step Four January 2007 July 2007 January 2008 July 2008 19.56 -/-,' -'_./),0':" .";-~ Police Sergeant - Step Two , January 2007 July 2007 . January 2008 July 2008 Patrol Officer - Step Five January 2007 July 2007 January 2008 July 2008 21.04 Patrol Officer - Step Six January 2007 July 2007 January 2008 July 2008 21.66 ;:i":(:,<)?fi-;',: 19.31 19.79 19.50 20.44 Patrol Officer - Step Seven January 2007 July 2007 January 2008 July 2008 22.22 Police Sergeant - Step Three January 2007 July 2007 January 2008 July 2008 20.20 20.68 21.00 21.35 Police Sergeant - Step Four . January 2007 July 2007 ,;January 2008 ; July 2008 Patrol Officer - Step Eight January 2007 July 2007 January 2008 July 2008 23.12 21.61 22.00 22.35 ;~:;) Police Sergeant - Step Five . ,January 2007 July 2007 . January 2008 July 2008 22.37 22.59 23.00 23.32 .' Police Sergeant - Step Six January 2007 ". July 2007 ....t.;; January 2008 ,. July 2008 "'^-;......:.~.,. -; '.':":; Police Sergeant - Step Seven 22.94 ,..: January 2007 23.60 ..;. .... July 2007 24.00 . ';' ; January 2008 24.37 .' ....July 2008 .- :;':~:i~;-:~:;~~\; ~~ ..., -~ 23.87 24.66 24.75 25.47 Police Sergeant - Step Eight January 2007 (July 2007 January 2008 >;,July 2008 I Attachment: Yes REQUEST FOR COUNCIL ACTION DATE: March 15. 2007 Engineering Tracy Ekola, PE ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM 2007 Storm Sewer Improvements Bid PREVIOUS ACTION Approved plans and specs and authorized Advertisement for Bids. RECOMMENDED COUNCIL ACTION Recommendation to Award is attached. FISCAL IMPACT Base Bid $105,136.82 or Base Bid Plus Alternate A $106,982.58. Alternate A is to add 256 SF of cable concrete mat, CC45. Recommendation to use Alternate A is pending DNR approval as this is at the outlet near Watab Creek. COMMENTS/RECOMMENDA TIONS Bid Tabulation is attached. P:\PT\Slstjoe\comrnon\D39 Req Council Aclion\0708 recommend-031507 .doc ~ SEH March 7, 2007 RE: St. Joseph, Minnesota 2007 Storm Sewer Improvements SEH No. A-STJOE0708.00 7 Honorable Mayor and Members of the City Council c/o Judy Weyrens City Administrator City ofSt. Joseph 25 College Avenue North PO Box 668 St. Joseph, MN 56374-0668 Dear Mayor and Members ofthe City Council: Bids were opened in the City Hall at 11 :00 a.m. on Tuesday, March 6, 2007, for the above-referenced improvement. The low bid was submitted by Larson Excavating Contracting Inc. of Holdingford, Minnesota. A complete tabulation of bids is enclosed. In my opinion, Larson Excavating Contracting Inc. is the lowest, responsive, responsible bidder and I recommend award to them based on their Base Bid and Alternate A for $106,982.58. Alternate A is to add 256 square feet of cable concrete mat, CC45 in place of grouted riprap at the storm sewer outlet at Watab Creek. Weare waiting for DNR approval regarding the use of Alternate A instead of riprap. Base Bid Alternate A Grant Total $105,136.82 $ 1.845.76 $106,982.5 8 Please contact me if you have any questions. Sincerely, ~7Jt !J~ Tracy Ekola, PE Project Manager sl/djg Enclosure c: Dick Taufen, City of St. Joseph (w/enclosure) P:\PTlSISTJOEI070800ICORRIL-CITY RECOMMEND-030707.DOC Short Elliott Hendrickson Inc., 1200 25th Avenue South. P.O. Box 1717, St. Cloud, MN 56302-1717 SEH is an equal opportunity employe:' ! www.sehinc.comI320.229.4300 I 800.572.0617 I 320.229.4301 fax ~ Page 1 SEH TABULATION OF BIDS PROJECT NO.: A'-ST JOE0708 NAME: 2007 STORM SEWER IMPROVEMENTS OWNER: ST. JOSEPH, MN BID DATE: TUESDAY, MARCH 6, 2007l!1l11 :00 A.M. 1 2 3 4 LARSON EXCAVATING KRAEMER TRUCKING & REDSTONE ENGINEER'S ESTIMATE CONTRACTORS INC. EXCAVATING INC. CONSTRUCTION C&LEXCAVATING ITEM ,QUANTITY UNIT DESCRIPTION UNIT TOTAL UNIT COST TOTAL UNIT .COST TOTAL UNIT COST TOTAL UNIT COST TOTAL :;g 1 1.00 LUMP SUM MOBILIZATION $5,000.00 $5,000.00 $3,055.72 $3,055.72 $5,403.00 $5,403.00 $6,762.00 $6,762.00 $2,000.00 $2,000.00 2 1.00 LUMP SUM TRAFFIC CONTROL $1.000.00 $1,000.00 $500.00 $500.00 $2,856.00 $2,856.00 $2,800.00 $2,800.00 $1,000.00 $1,000.00 3 11.00 EACH CLEAR & GRUB TREE $250.00 $2,750.00 $100.00 $1,100.00 $106.00 $1,166.00 $125.00 $1,375.00 $70.00 $no.oo 4 35.00 LIN FT SALVAGE & REINSTALL $10.00 $350.00 $25.00 $875.00 $39.14 $1,369.90 $50.00 $1,750.00 $52.00 '$1,820.00 5 235.00 LIN FT SAWCUT BITUMINOUS $3.50 $822.50 $2.00 $470.00 $2.30 $540.50 $3.50 $822.50 $3.50 $822.50 PAVEMENT 6 147.00 LINFT REMOVE CONCRETE CURB & $3.50 $514.50 $2.00 $294.00 $1.85 $271.95 $2.25 $330.75 $4.00 $588.00 GUTTER 7 259.00 SOYD REMOVE BITUMINOUS $3.00 $777.00 $2.00 $518.00 $3.60 $932.40 $2.50 $647.50 $2.50 $647.50 PAVEMENT 8 147.00 L1N FT CONCRETE CURB & GUTTER $20.00 $2,940.00 $16.17 $2,376.99 $19.72 $2,898.84 $20.00 $2,940.00 $17:60 $2,587.20 DES 0412 MODIFIED SOYD STREET RESTORATION $6,510.00 $23.66 $4,400.78 $23.89 $4,443.54 $23.42 $4,356.12 $4,650.00 SOYD DRIVEWAY RESTORATION $1,825.00 $18.82 $1,373.86 $19.00 $1,387.00 $18.63 $1,359.99 $1,460.00 13 1.00 EACH SALVAGE EX APRON $100.00 $100.00 $50.00 $50.00 $201.50 $201.50 $309.00 $309.00 $200.00 $200.00 14 5.00 CUYD REMOVE RIPRAP $30.00 $150.00 $10.00 $50.00 $28.60 $143.00 $3.50 $17.50 $20.00 $100.00 15 12.00 CUYD SALVAGE & REINSTALL RIPRAP $45.00 $540.00 $10.00 $120.00 $58.25 $699.00 $69.00 $828.00 $60.00 $720.00 WI NEW GEOTEXTILE FABRIC & tEl 2.00 EACH REMOVE EX STORM MANHOLE $250.00 $500.00 $100.00 $200.00 $424.00 $846.00 $60.00 $120.00 $300.00 $600.00 17 20.00 LIN FT REMOVE EX 16" STORM $10.00 $200.00 $5.00 $100.00 $9.88 $197.60 $3.75 $75.00 $6.00 $160.00 18 2.00 EACH CONNECT TO EXISTING STORM $1,000.00 $2,000.00 $100.00 $200.00 $255.75 $511.50 $285.00, $570.00 $600.00 $1,600.00 SewER 19 943.00 L1N FT 38" RC PIPE DESIGN 3006 CL III $65.00 $61,295.00 $60.43 $56,965.49 $61.65 $56,324.55 $59.25 $55,872.75 $68.00 $64,124.00 20 9.00 L1N FT 36" SPAN RC PIPE.ARCH $85.00 $765.00 $87.09 $783.81 $88.14 $793.26 $86.00 $n4.00 $80.00 $720.00 SEWER CL III 21 6.00 L1N FT 12" RC PIPE DESIGN 3006 CL III $35.00 $210.00 $21.64 $129.64 $54.91 $329.46 $27.00 $162.00 $34.00 $204.00 22 6.00 EACH CONST DRAINAGE STRUCTURE $2,750.00 $16,500.00 $2,875.60 $17,253.60 $2,982.05 $17,892.30 $2,643.00 $17,058.00 $3,200.00 $19,200.00 DESIGN 60-4020 23 1.00 EACH CONST DRAINAGE STRUCTURE $4,000.00 $4,000.00 $3,606.99 $3,606.99 $3,384.83 $3,384.83 $3,122.00 $3,122.00 $4,500.00 $4,500.00 DESIGN 84-4020 24 1.00 EACH 36" SPAN RC PIPE-ARCH $1,500.00 $1,500.00 $2,044.57 $2,044.57 $2,153.85 $2,153.85 $2,255.00 $2,255:00 $1,700.00 $1,700.00 APRON WITRASH GUARD 25 28.00 SOYD 2" INSULATION $16.00 $448.00 $18.49 $517.72 $9.71 $271.88 $21.00 $568.00 $18.00 $504.00 27 80.00 CUYD $13.00 $1,040.00 $5.00 $400.00 $11.53 $922.40 $21.00 $1,680.00 $1.00 $80.00 28 955.00 SOYD SODDING, TYPE LAWN $3.50 $3,342.50 $3.04 $2,903.20 $3.06 $2,922.30 $3.00 $2,865.00 $3.20 $3,056.00 29 0.48 ACRE SEEDING $300.00 $144.00 $355.04 $170.42 $357.00 $171.36 $350.00 $168.00 $385.00 $184.80 30 34.00 POUND SEED MIXTURE MNDOT 250 $3.00 $102.00 $2.03 $69.02 $1.70 $57.80 $1,67 $56.78 $2.00 $68.00 31 135.00 POUND FERTILIZER $1.00 $135.00 $0.51 $68.85 $0.36 $48.60 $0.35 $47.25 $0.50 $67.50 32 0.96 TON MULCH MATERIAL, MNDOT $200.00 $192.00 $202.88 $194.76 $204.00 $195.64 $200.00 $192.00 $220.00 $211.20 TYPE I 33 0.48 ACRE DISC ANCHOR $100.00 $48.00 $192.74 $92.52 $132.60 $63.65 $130.00 $62.40 $145.00 $69.60 34 1.00 EACH INLET PROTECTION - DROP $150.00 $150.00 $50.00 $50.00 $55.87 $55.87 $119.00 $119.00 $300.09 $300.00 35 2.00 EACH INLET PROTECTION - STREET $150.00 $300.00 $50.00 $100.00 $59.83 $119.66 $71.00 $142.00 $200.00 $400.00 INLET WI CURB BOX 36 455.00 LIN FT SILT FENCE, HEAVY DUTY $3.00 $1,365.00 $1.50 $682.50 $1.19 $541.45 $1.50 $682.50 $1.65 $750.75 37 60.00 L1N FT BIOROLUBLANKET DITCH $4.00 $240.00 $4.82 $289.20 $5.10 $306.00 $5.00 $300.00 $5.50 $330.00 38 1.00 EACH ROCK CONSTRUCTION $750.00 $750.00 $100.00 $100.00 $570.00 $570.00 $464.00 $464.00 $260.00 $280.00 ENTRANCE 39 1.00 EACH SANDBAG DAM $750.00 $750.00 $100.00 $100.00 $360.00 $380.00 $234.00 $234.00 $500.00 $500.00 TOTAL BASE BID $121,403.50 $115,812.17 $115,956.04 $119,297.05 TOTAL ALTERNATE "A" TOTAL BASE BID PLUS 61 TI:IgN4TJ: "a" $1,920.00 $123,323.50 $1,845.76 .11 $106,982.5811 $2,304.00 $118,116.17 $3,328.00 $119,284.04 $2,124.80 $121,421.85 P:\PT\S\atjoe'(l~ Short EUiott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St Cloud, MN 56302-1717 SEH Is an equal opportunity employer I 'trYVM.sehinc,com I 320.229.4300 I 800.572J1617 I 320.229.4301 fax wa007 ~ SEH TABULATION OF BIDS Page 2 PROJECT NO.: A-STJOE0708 NAME: 2007 STORM SEWER IMPROVEMENTS OWNER: ST. JOSEPH, MN BID DATE: TUESDAY, MARCH 6, 2007 (!il11 :00 A.M. ITEM QUANTITY DESCRIPTION 5 RANDY KRAMER EXCAVATING UNIT COST TOTAL 6 7 R.L. LARSON MOLITOR EXCAVATING EXCAVATING UNIT COST TOTAL UNIT COST TOTAL 8 9 UNIT SUNDBLAD CONSTRUCTION J.R. FERCHE UNIT COST TOTAL UNIT COST TOTAL 'ijl$tt~~~~!11~jmg~w:mm~!:jj'~ftii1Ktl~]!;t~~1}}if)1~:~i;~f;i':f!giE;-r{4'~ ~:~,'; ''':h''~:''~~ ,- :.<"".~.,-',"~'"" ;';'1:'::-::';rim.~{~:r::;';1,@:':t~ttmff#~~Wl01i,Si(tr!;1';::i1.Rkn;~'JjJ~~~~B;;;N~;~;~JK~~;;~~~1~~~~~{~~:'W~t;1f~~f:t1'2:i~~f:):~€~~r~fJir~~~\H{;~~~f~1Wil~1~~~1~~~~illi~lli1%~~~;:~ij~~~~1~~i~::~' ,'" I' 1 1.00 LUMP SUM MOBILIZATION $7,265.61 $7,265.61 $9,880.00 $9,880.00 $6,000.00 $6,000.00 $5,000.00 $5,000.00 $1,500.00 $1,500.00 2 1.00 LUMP SUM TRAFFIC CONTROL $2,842.00 $2,842.00 $1,250.00 $1,250.00 $2,800.00 $2,800.00 $1,000.00 $1,000.00 $2,800.00 $2,800.00 3 11.00 EACH CLEAR & GRUB TREE $76.13 $837.43 $80.00 $880.00 $100.00 $1,100.00 $250.00 $2,750.00 $300.00 $3,300.00 4 35.00 LIN FT SALVAGE & REINSTALL $52.92 $1,852.20 $25.00 $875.00 $20.00 $700.00 $53.00 $1,855.00 $50.00 $1,750.00 5 235.00 UN FT SAWCUT BITUMINOUS $2.03 $477.05 $2.50 $587.50 $3.50 $822.50 $3.50 $822.50 $5.00 $1,175.00 PAVEMENT 6 147.00 LINFT REMOVE CONCRETE CURB & $2.54 $373.38 $4.00 $588.00 $2.00 $294.00 $3.00 $441.00 $2.00 $294.00 GUTTER 7 259.00 SOYD REMOVE BITUMINOUS $1.52 $393.68 $2.00 $518.00 $2.00 $518.00 $5.00 $1,295.00 $2.50 $647.50 PAVEMENT 8 147.00 LIN FT CONCRETE CURB & GUTTER $13.96 $2,052.12 $17.60 $2,587.20 $13.00 $1,911.00 $14.50 $2,131.50 $16.00 $2,352.00 DES 0412 MODIFIED 9 186.00 SOYD STREET RESTORATION $5,416.32 10 73.00 SOYD DRIVEWAY RESTORATION $1,669.51 11 12.00 CUYD 13 1.00 EACH SALVAGE EX APRON $50.75 $50.75 $75.00 $75.00 $100.00 $100.00 $200.00 $200.00 $450.00 $450.00 14 5.00 CUYD REMOVE RIPRAP $27.63 $138.15 $10.00 $50.00 $25.00 $125.00 $20.00 $100.00 $40.00 $200.00 15 12.00 CUYD SALVAGE & REINSTALL RIPRAP $69.42 $833.04 $40.00 $480.00 $75.00 $900.00 $25.00 $300.00 $35.00 $420.00 WI NEW GEOTEXTILE FABRIC & 16 2.00 EACH REMOVE EX STORM MANHOLE $311.83 $623.66 $240.00 $480.00 $250.00 $500.00 $600.00 $1,200.00 $450.00 $900.00 17 20.00 UN FT REMOVE EX 18" STORM $10.91 $218.20 $8.00 $160.00 $7.00 $140.00 $10.00 $200.00 $12.00 $240.00 18 2.00 EACH CONNECT TO EXISTING STORM $1,065.75 $2,131.50 $100.00 $200.00 $350.00 $700.00 $900.00 $1,800.00 $850.00 $1,700.00 SEWER 19 943.00 UN FT 36" RC PIPE DESIGN 3006 CL III $62.54 $58,975.22 $64.50 $60,823.50 $70.00 $86,010.00 $68.19 $64,303.17 $70.00 $86,010.00 20 9.00 LIN FT 36" SPAN RC PIPE.ARCH $86.90 $782.10 $78.00 $702.00 $95.00 $855.00 $135.00 $1,215.00 $110.00 $990.00 SEWER CL III 21 6.00 UN FT 12" RC PIPE DESIGN 3006 CL III $87.90 $527.40 $24.50 $147.00 $60.00 $360.00 $30.00 $180.00 $26.00 $156.00 22 6.00 EACH CONST DRAINAGE STRUCTURE $3,135.38 $18,812.28 $2,825.00 $16,950.00 $2,950.00 $17,700.00 $3,100.00 $18,600.00 $3,650.00 $21,900.00 DESIGN 60-4020 23 1.00 EACH CDNST DRAINAGE STRUCTURE $3,565.10 $3,565.10 $3.405.00 $3,405.00 $3,500.00 $3,500.00 $3,500.00 $3,500.00 $4,250.00 $4,250.00 DESIGN 84-4020 24 1.00 EACH 36" SPAN RC PIPE-ARCH $1,910.47 $1,910.47 $1,795.00 $1,795.00 $2,200.00 $2,200.00 $1,550.00 $1,550.00 $2,850.00 $2,650.00 APRON WI TRASH GUARD 25 28.00 SO YO 2" INSULATION $18.33 $513.24 $9.70 $271.60 $10.00 $280.00 $15.00 $420.00 $15.00 $420.00 $2.03 TOPSOIL (EV) 27 80.00 CUYD TOPSOIL BORROW (LV) $10.66 $852.80 $9.75 $780.00 $10.00 $800.00 $20.00 $1,600.00 $10.00 $800.00 28 955.00 SO YO SODDING, TYPE LAWN $3.05 $2,912.75 $3.85 $3,676.75 $3.00 $2,865.00 $3.50 $3,342.50 $3.30 $3,151.50 29 0.48 ACRE SEEDING $355.25 $170.52 $742.50 $356.40 $350.00 $168.00 $400.00 $192.00 $380.00 $182.40 30 34.00 POUND SEED MIXTURE MNDOT 250 $1.70 $57.80 $3.25 $110.50 $1.70 $57.80 $1.95 $56.30 $2.00 $66.00 31 135.00 POUND FERTILIZER $0.36 $48.60 $0.45 $60.75 $0.35 $47.25 $0.50 $67.50 $0.50 $67.50 32 0.96 TON MULCH MATERIAL, MNDOT $203.00 $194.88 $210.00 $201.60 $200.00 $192.00 $215.00 $206.40 $220.00 $211.20 TYPE I 33 0.48 ACRE DISC ANCHOR $131.95 $63.34 $415.00 $199.20 $130.00 $62.40 $136.50 $65.52 $150.00 $72.00 34 1.00 EACH INLET PROTECTION. DROP $82.69 $82.69 $65.00 $65.00 $100.00 $100.00 $165.00 $165.00 $250.00 $250.00 35 2.00 EACH INLET PROTECTION - STREET $42.09 $84.18 $85.00 $170.00 $75.00 $150.00 $260.00 $560.00 $250.00 $500.00 INLET WI CURB BOX 36 455.00 UN FT SILT FENCE, HEAVY DUTY $1.52 $691.60 $2.10 $955.50 $1.50 $682.50 $2.25 $1,023.75 $2.00 $910.00 37 60.00 UN FT BIOROLUBLANKET DITCH $5.08 $304.80 $8.80 $528.00 $5.00 $300.00 $5.25 $315.00 $5.00 $300.00 38 1.00 EACH ROCK CONSTRUCTION $279.13 $279.13 $400.00 $400.00 $450.00 $450.00 $500.00 $500.00 $500.00 $500.00 ENTRANCE 39 1.00 EACH SANDBAG DAM $114.54 $114.54 $600.00 $600.00 $300.00 $300.00 $400.00 $400.00 $1,500.00 $1,500.00 TOTAL BASE BID $119,533.58 $121,528.00 $122,830.45 $129,249.62 $134,184.70 TOTAL ALTERNATE "A" TOTAL BASE BID PLUS 61 Ts::gl\l6TJ:' "4" $2,511.36 $122,044.94 $2,124.80 $123,652.80 $2,816.00 $125,646.45 $1,779.20 $131,028.82 $3,712.00 $137,896.70 P:\PT\S'ostjoe'D70800\8pec6-other'lbkllab.xla Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, Sl Cloud, MN 56302-1717 SEH is an equal opportunity employer I WIMY.sehinc.com I 320.229.4300 I. 800.572.0617 I 320.229.4301 fax 3fl12007 ~ SEH TABULATION OF BIDS Page 3 PROJECT NO.: A'5TJOE0708 NAME: 2007 STORM SEWER IMPROVEMENTS OWNER: ST. JOSEPH; MN BIO DATE: TUESDAY, MARCH 6, 2007@ 11 :00 A.M. 10 11 12 13 WIPPER BACKHOE & BOBCAT SERVICE UNIT COST TOTAL 13 BURSCHVlLLE CONSTRUCTION INC. UNIT COST TOTAL ITEMCUANTITY trE.N~~gl;,~;tNi;i 1 1.00 2 1.00 3 11.00 4 35.00 5 235.00 UNIT DESCRIPTION KUECHLEUNDERGROUND UNIT COST TOTAL EAGLE CONSTRUCTION LANDWEHR CONSTRUCTION UNIT COST TOTAL UNIT COST TOTAL :\;i]~r11:\1ilIt~,~;W~~\f2f~~;t%JrK@~:~;~~;~~~W~!{fJtfJ~j~Bl~~~:~~:~~lJ~t~f~~~!~1:Wl~.i\~tDl1i~.i\![t~):i~~h~]ls~l~~rw1~~~h1~.~;~~~~~Jg~~EitiJ~1~~r~r~1f~t;tl:i $4,550.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,800.00 $1,000.00 $1,000.00 $2,500.00 $2,500.00 $1,650.00 $75.00 $825.00 $300.00 $3,300.00 $875.00 $75:00 $2,625.00 $52.50 $1,837.50 $822.50 $5.00 $1,175.00 $4.00 $940.00 $5,912.00 $5,912.00 $4,550.00 $2,800.00 $2,800.00 $2,800.00 $125.00 $1,375.00 $150.00 $29.00 $1,015.00 $25.00 $3.00 $705.00 $3.50 $4.00 $588.00 $2.50 $7.00 $1,813.00 $5.00 $13.00 $1,911.00 $21.00 $7,254.00 $25.75 $2,482.00 $20.50 $367.50 '. $10.00 $1.470.00 $5.00 $735.00 $1,295.00 $4.00 $1,036.00 $4.00 $1,036.00 $3,087.00 $20.00 $2,940.00 $20.00 $2,940.00 $4,789.50 $40.00 $7,440.00 $9,300.00 $10496.50 $40.00 $2,920.00 $2,482.00 $550.00 $3,000.00 $150.00 $75.00 $3.00 ;.~..:~,;/~~,~."",;;,,:.",:\ $550.00 $3,000.00 $1,650.00 $2,625.00 $705.00 5 147.00 7 259.00 8 147.00 9 186.00 10 73.00 11 12.00 ;~;~~~Wl~Mi~~t~~' c, '>i ~;"':-:y~th'1;S~i"::""!i' .-.~>,'\::;:'-:-':' LUMP SUM MOBILI2ATION LUMP SUM TRAFFIC CONTROL EACH CLEAR & GRUB TREE L1N FT SALVAGE & REINSTALL LIN FT SAWCUT BITUMINOUS PAVEMENT L1N FT REMOVE CONCRETE CURB & GUTTER SO YO REMOVE BITUMINOUS PAVEMENT L1N FT CONCRETE CURB & GUTTER DES. 0412 MODIFIED STREET RESTORATION DRIVEWAY RESTORATION ;'i",<~:~;'-~~~;;'-~'iEX};:,:'~ ,\:!,i4" $20.00 $2,940.00 $2.00 $518:00 $15.00 $2,205.00 SO YO SO YO CUYD $25.00 $20.00 13 1.00 EACH SALVAGE EX APRON $190.00 $190.00 $100.00 $100.00 $385.00 $385.00 $200.00 $200.00 $300.00 $300.00 14 5.00 CUYD REMOVE RIPRAP $190.00 $950.00 $5.00 $25.00 $50.00 $250.00 $20.00 $100.00 $20.00 $100.00 15 12.00 CUYD SALVAGE & REINSTALL RIPRAP $47.00 $584.00 $80.00 $960.00 $100.00 $1,200.00 $20.00 $240.00 $150.00 $1,800.00 WI NEW GEOTEXTILE FABRIC & 16 2.00 EACH REMOVE EX STORM MANHOLE $480.00 $960.00 $250.00 $500.00 $255.00 $510.00 $500.00 $1,000.00 $500.00 $1,000.00 17 20.00 L1N FT REMOVE EX 18" STORM $32.00 $840.00 $10.00 $200.00 $20.00 $400.00 $10.00 $200.00 $15.00 $300.00 18 2.00 EACH CONNECT TO EXISTING STORM $2,000.00 $4,000.00 $350.00 $700.00 $255.00 $510.00 $1,000.00 $2,000.00 $1,000.00 $2,000.00 SEWER 19 943.00 L1N FT 36" RC PIPE DESIGN 3006 CL III $77.00 $72,611.00 $67.00 $63,181.00 $77.75 $73,318.25 $78.00 $73,554.00 $78.00 $73,554.00 20 9.00 L1N FT 36" SPAN RC PIPE-ARCH $94.00 $846.00 $80.00 $720.00 $93.80 $844.20 $146.00 $1,314.00 $115.00 $1,035.00 SEWERCL III 21 6.00 L1N FT 12" RC PIPE DESIGN 3006 CL III $31.00 $186.00 $40.00 $240.00 $35.10 $210.60 $40.00 $240.00 $30.00 $180.00 22 6.00 EACH CONST DRAINAGE STRUCTURE $3,300.00 $19,800.00 $3,100.00 $18,600.00 $3,375.00 $20,250.00 $3,500.00 $21,000.00 $3,650.00 $21,900.00 DESIGN 60-4020 23 1.00 EACH CONST DRAINAGE STRUCTURE $3,900.00 $3,900.00 $3,400.00 $3,400.00 $3,890.00 $3,890.00 $5,500.00 $5,500.00 $4,900.00 $4,900.00 DESIGN 94-4020 24 1.00 EACH 36" SPAN RC PIPE-ARCH $2,100.00 $2,100.00 $1,660.00 $1,660.00 $1,685.00 $1,685.00 $3,200.00 $3,200.00 $1,900.00 $1,900.00 APRON WI TRASH GUARD 25 26.00 SO YO 2" INSULATION $10.00 $280.00 $12.00 $336.00 $20.00 $560.00 $0.00 $30.00 $840.00 i.gijq~jQ~.;,c 26 526.00 CUYD SALVAGE & RESPREAD $4.00 $2,104.00 $4.00 $2,104.00 $5.00 $2,630.00 $5.00 $2,630.00 $4.00 $2,104.00 TOPSOIL (EV) 27 80.00 CUYD TOPSOIL BORROW (LV) $9.00 $720.00 $13.00 $1,040.00 $15.00 $1,200.00 $15,00 $1,200.00 $17.00 $1,360.00 28 955.00 SOYD SODDING, TYPE LAWN $3.00 $2,865.00 $3.00 $2,865.00 $4.50 $4,297.50 $3.25 $3,103.75 $3.15 $3,008.25 29 0.48 ACRE SEEDING $350.00 $168.00 $350.00 $168.00 $3,050.00 $1,484.00 $2,200.00 $1,056.00 $360.00 $172.80 30 34.00 POUND SEED MIXTURE MNDOT 250 $1.67 $56.78 $2.00 $68.00 $2.05 $69.70 $10.00 $340.00 $1.72 $58.48 31 135.00 POUND FERTILIZER $0.35 $47.25 $0.40 $54.00 $1.00 $135.00 $2.00 $270.00 $0.40 $54.00 32 0.96 TON MULCH MATERIAL, MNDOT $200.00 $192.00 $200.00 $192.00 $450.00 $432.00 $500.00 $480.00 $205.00 $196.80 TYPE I 33 0.48 ACRE DISC ANCHOR $130.00 $62.40 $150.00 $72.00 $100.00 $48.00 $1,000.00 $480.00 $135.00 $84.80 34 1.00 EA\:H INLET PROTECTION - DROP $150.00 $150.00 $150.00 $150.00 $250.00 $250.00 $100.00 $100.00 $350.00 $350.00 35 2.00 EACH INLET PROTECTION - STREET $50.00 $100.00 $200.00 $400.00 $225.00 $450.00 $100.00 $200.00 $100.00 $200.00 INLET WI CURB BOX 36 455.00 L1N FT SILT FENCE, HEAVY DUTY $1.50 $682.50 $1.60 $728.00 $2.90 $1,319.50 $4.00 $1,820.00 $1.55 $705.25 37 60.00 LINFT BIOROLUBLANKET DITCH $5.00 $300.00 $5.00 $300.00 $9.50 $570.00 $10.00 $600.00 $5.25 $315.00 38 1.00 EACH ROCK CONSTRUCTION $800.00 $800.00 $800.00 $800.00 $975.00 $975.00 $500.00 $500.00 $1,000.00 $1,000.00 ENTRANCE 39 1.00 EACH SANDBAG DAM $960.00 $960.00 $1,100.00 $1,100.00 $500.00 $500.00 $100.00 $100.00 $500.00 $500.00 TOTAL BASE BID $137,157.93 $126,878.00 $140,896.75 $145,558.75 $147,584.88 CC45 '..,. ,~;; . TOTAL ALTERNATE "A" $1,579.52 $13,056.00 $2,112.00 $2,048.00 $3,328.00 TOTAL BASE BID PLUS $138,737.45 $139,934.00 $143,008.75 $147,606.75 $150,912.88 61 ~gMATI: 116" P:\PT\S'atjoe'D70800\apecII-dherlbkttab.x\l; Short EDiottHendrickson Inc.. 1200 25th Avenue South. P.O. Box 1717, St. Cloud, MN 56302-1717 SEH is an equal opportunity employer I www.sehinc.comI320.229.4300 I 800.572.0617 I 320.229.4301 fax 3naD07 CITY OF ST. JOSEPH CC RESOLUTION 2007..008 Resolution Accepting Bid for the 2007 Storm Sewer Improvements WHEREAS, pursuant to an advertisement for bids for the improvement of the Watab Storm Sewer to include construction of a 27" storm sewer to bypass the failing Watab Storm Sewer, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: 1. Larson Excavating Contractors 2. Kraemer Trucking.& Excavating 3. Redstone Construction 4. C & L Excavating 5. Randy Kramer Excavating 6. Molitor Excavating 7. RL. Larson Excavating 8. Sundblad Construction 9. J.R Ferche 10. Kuechle Underground 11. Eagle Construction 12. Landwehr Construction 13. Wipper Backhoe & Bobcat Service 14. Burschville Construction, Inc AND WHEREAS, it appears that Larson Excavating Contractors of Holdingford is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: 1. The Mayor and City Administrator are hereby authorized and directed to enter into a contract with Larson Excavating Contractors of Holdingford in the name of the City of St. Joseph for the improvement of the Watab Storm Sewer to include construction of a 27" storm sewer to bypass the failing Watab Storm Sewer, according to the plans arid specifications therefore approved by the city council and on file in the office of the City Administrator. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the council 15th day of March, 2007. Mayor City Administrator I. Attachment: . Yes or No REQUEST FOR COUNCIL ACTION Administrator Reports - Field Street DATE: March 15,2007 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Administrator Reports - Field Street PREVIOUS ACTION The Council has previously been presented with a resolution from APO whereby they agree to pay for 70% of the additional environment study costs. They have requested the City agree to the remaining 30%. The Council requested review of the Field Street Study. RECOMMENDED COUNCIL ACTION FISCAL IMPACT COMMENTS/RECOMMENDATIONS Attached is the cost summary to date for the Field Street Study. We are still within the allocated funds. I am still working on the additional tasks to finish and will have that information by Thursday evening. I have had a discussion with Kirby Becker ofthe APO and we discussed the study and the need to complete the process as the Study requires. Since the Council has not had the opportunity to see first hand the alternatives reviewed by the TAC, I have talked to both Doug Weiszhar and Kirby Becker about have a meeting to just present the Council with the Field Street Corridor. It would be a more comprehensive view of the study as there are many alternatives that are being discussed. I have also had a chance to discuss with Kristen ofMN Dot Cultural Resource the last alternative. That proposal was a result of WSB looking at alternatives after meeting with Kristen. During the discussion with Kristen I talked about her comments and suggested alternatives. I have forwarded that information to WSB and the APO to see if they could illustrate her comments and place them on a map. Field Street Study Contractor Contract Amount Optional Tasks Amount Maximum Amount To Date Contract $ Commited WjOpt Tasks Amount Paid/Check # Total Paid 2006 Previous Payments Balance Due 12/31/06-Committed Contract $ WSB & Associates 14 15 16 17 18 19 20 21 22 23 24 25 26 154,995.7Lj 43,217.06 198,212.82 177,811.68 $10,654.89 $9,005.47 $9,866.43 $12,934.81 $4,140.03 $2,791.72 $7,146.61 $4,070.12 $5,181.61 $4,309.89 $1,866.02 $1,205.43 $264.37 73,437.40 13 93,233.94 31,541.48 36779 36848 36967 37109 37237 37435 37532 37656 37789 37896 38121 38195 38304 I Attachment: No REQUEST FOR COUNCIL ACTION DATE: February 1. 2007 ORIGINA TING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM Field Street Corridor - Local match for 4(f) report PREVIOUS ACTION Authorized Field Street Study RECOMMENDED COUNCIL ACTION Provide commitment to fund the local match. FISCAL IMP ACT Total: $68,987 Federal Funds: $48,291 (70%) Local Match: $20,696 (30%) COMMENTS/RECOMMENDA TIONS APOPolicy Board has approved federal funding for FY07 for the Field Street 4(f) Study on January 25, 2007, contingent upon the City providing the local match. P:\P1iSlstjoelcommon\D39 Req Council ActionlNorthcorridor locahnatch.doc I Attachment: Yes or No REQUEST FOR COUNCIL ACTION Administrator Reports - Liquor Ordinance Amendments DATE: Marcb 15,2007 Administration ORIGINATING DEPARTMENT DEP ARTMENT APPROVAL AGENDA ITEM Liquor Ordinance Amendments PREVIOUS ACTION The City Staff has been working on proposed amendments to the Liquor Ordinance. The first amendment is to consider allowing outdoor events to extend beyond 9:30 PM. The Staff is recommending the Ordinance be amended to allow each license holder to have one event that extends to 12:01 PM. This license would requIre a higher fee, as additional time will be required. The $ 500.00 is intended to cover the additional staff time required for review and consideration of the permit. In addition we are requesting a damage deposit of $ 1,000. Again we are not looking at one entity when dealing with this Ordinance, we are considering all liquor license holders. We also took into that all the liquor establishments are near residential areas and additional consideration is required. Tom Jovanovich has also recommended updating the Ordinance at the same time. When looking at the Ordinance it still includes a maximum number for on-sale liquor licenses. In the last couple of years. legislature did away with the maximum number of on-sale licenses and each City can determine their own limits. Does the City wish to limit the number of on-sale licenses allowed? It was also noted in the Ordinance that the City allows outdoor seasonal on-sale; however, it does not define what seasonal is. It appears as though that section of the Ordinance was just inserted from somewhere. The Local Blend is requesting to have alcohol outside under the seasonal permit. In reviewing this matter with the Police Chief and City Attorney is appears as this may be problematic and we may want to reconsider. This provision would allow drinking outside opportunities for all the establishments. We are recommending that this section be deleted. The Ordinance currently allows bistro opportunities for drinking and eating outside under certain conditions. The last amendment we have is the wine license. The Ordinance currently requires license holders to live within the City of St. Joseph. Again we do not know why the provision is included and we recommend the Council amend the Ordinance to change this provision. The Memo from Tom Jovanovich also details some ofthe changes. RECOMMENDED COUNCIL ACTION Accept the amendments and approve the Sumrtlary Publications FISCAL IMPACT COMMENTS/RECOMMENDATIONS Note: Police Chief Jansky will be at the meeting to answer any questions you may have. YRaikowski "''-_0".._ ...~. ~~ltd. P.O. Box 1433 St. Cloud. MN 56302-1433 March 8, 2007 VIAEMAJL 320-251-1055 jweyrens@cityofstioseph.com Toll Free 800"145'9617 Fax 320-251-5896 rajhan@rajhan.com www.ra)han.com Frank J. Rajkowslci .. Gordon H. Hansmeier Frederick L. Grunke Thomas G. Jovanovich" Paul A. RajkowskiG Kevin F. Gray William J. Cashman Richard W. Sobalvarro LeAnne D. Miller Peter J. Fuchsteiner Susan M. Dege Sarah L. Smith-larkinG Troy A. Poetz Gregory J. Haupert Jason T. Bretto Matthew W. Moehrle Melissia R. Christianson Krist! D. Stanislawski Judy Weyrens City Administrator P.O. Box 668 St. Joseph, MN 56374 RE: City of St. Joseph - Liquor License Changes Our File No. 26177 Dear Judy: Attached to this email are the changes which I made to the Liquor Ordinance. These are in addition to the changes that Matt had already made. The changes I made were based on the meeting between yourself, J>ete Jansky and myself earlier this morning. Changes have been made to the following: Section 71.02 Subd. 1; General Requirement Subd.5: Temporary On-Sale Licenses Subd.. 5 (g) Section 71.10 Subd. 6 (d) (1) Subd. 6 (d) (3) Subd. 6 Cd) (4) Subd. 6 (g) (entire section deleted) Section 71.15 Limitation of on-sale liquor Licenses Please note the comment which I made at page 17-5. The Council must determine whether they want to continue a "cap" on the number of on-sale licenses. The Ordinance, as drafted, linllts the number of on-sale licenses to the current number of six. Also enclosed, please find my memorandum to Matt Moehrle in which I instruct him with respect to changes on the event center exception which will allow minors to be allowed in the place where on-sale alcohol is served. If the Council goes along with this exception, they still must determine one of the two options: Option 1: Minors are only allowed at the time of the event. At other times where on-sale is sold without an event, minors are not allowed. Frank J. RaJkowskl and Jason T. Sretto are admmed tQ prar:tice In North Dakota, Gordon H. Hansmeier in North Dakota. South Dakota and Wisconsin, Paul A RaJkowskl and Sarah L Smffh-Larkln in Wisconsin, William J. Cashman in South Dakota. and Richard W. Sobalvarro in North Dakota and South Dakota. "Member of American Board of Trial Advocates. oQua Ilfied ADR Neutral. v March 8, 2007 Page -2- Option 2: Liquor may only be sold for events. If the event center wants this type of exception, they will have to agree not to sell liquor at any other time, other than when an event is occurring. My concern with the first option is that it is difficult to enforce. It may be difficult to determine when an event ends and when the minor should not be allowed. If the Council goes along with the first option, there is a possibility it can expect some enforcement problems, along with the attendant costs which are involved when enforcement problems occur. If you have any further questions, please advise. Sincerely, TGJ/baw Enclosure CHAPTER VII - LIQUOR, BEER& WINE ORDINANCE 71 . LICENSING AND REGULATION OF CONSUMPTION OF INTOXICATING LIQUOR .........................................,................................................. 71-1 ,{De~_2}.L___.. ___.__. m".__..__....J Section 71.01: PROVISIONS OF STATE LAW ADOPTED ........................................71-1 ,/A De.leted: 71.2 ___ ____ J Section 71.02: LICENSE REQUIRED ..........................................................................71-1.,/' ,{ Deleted:71-2 1 Section 71.03: APPLICATION FOR LICENSE ............................................................71.,2,/':Joeleted: 71.3 -- --_ __ ._'.. ".~ Sect~on 71.04: LICENSE FEES........................................................................ .............71 ~3~~((:..{ Deleted: 71-3 . Sect~on 71.05: GRANTING OF LICENSES..................................................................71-4..,'-. ....{ Deleted: 71-3 -I Sect~on 71.06: PERSONS INELIGlBLEFOR LICENSE .............................................. 7l-(\~\.::..~i;;;jT;;4.=-='=.===.-"="=="=) SectIon 71.07: PLACES INELIGIBLE FOR LICENSE.................................................71-7~. \\ ...0=====.-------.-. m===____._"=] Section 71.08: CONDITIONS OFLICENSE ................................................................7t 7~ y(\\\'.&~leted:?l-4 ._____"=_______='=m'_] Section 71.09: HOURS OF OPERATION......................................................................71:2\\\:;'\.. ..Deleted: E~___.__~~===I Section 71.10: CLUBS .................................................~.................................................... 7l-1q,W~\:\\,t~el~: 7_1~. -----. --"--'-"--'-""'1 Section 71.11: RESTRICTIQNSONPURCI-IASE OR CONSUMPTION................. ..71-JO~x.V:,\\f~!I~:ZL~..~..-_----=----..---m-..--""m< Section 71.12: SUSPENSION AND. REVOCATION .................................................. 71-J7~H'~,\.;'JDeI~:71.6 _~___..____.J ~:~~~~~ ~~: ~ ~~ :~~i-i~~~. ::: :::::::::: :::::: ::: ::: :::::::::: ::::: :::::::::: ::: :::::::::: ::: ::: :::: :::::::;i ~: f \l;{~<::;,:~~:~~~~~=:=:::~=:=::~~=:=::::~::~:,,::,i Section 71.15: LIMITATION OF ON SALE LIQUOR LICENSES ............................71-17., ;:,;\\r;ele~i=;.;]"'="="'''".._..''''''..'''"''''..,..''..'''''m''''1 Section 71.16: LIMITATION OF EXCLUSIVE OFF-SALE LICENSES....................71-17~ :~\\;t~~SII.';~.:I::::::::::::::::;::::::::::::::::~ \':.~ ~.. Deleted: 7h7 I ill~ \Fb~;;ed;';H;~-. --- . .......... .mm.._] . . m. ',- : ~1; io--..---.-.mmm-i Deleted: 71.17 it\\:\\t Deleted: 71-16 ~:~'::*l .. il:::\:: . Deletecl:71-17 6:,::\' '.D.e" 'I.et' "ed/ "7. '.'1-17. ,/.;,., '.... "" '. ..... ..,.. ~i,: Deletecl:71-16 leted: 71"17 :;::: Deleted: 71-16 ~\:l Deleted: 71-17 \\1 Deleted: 71-17 \\\1 Deleted: 71-16 ;,1 \:. Deleted: 71-17 -- ._-.... Deleted: 71-17 _ri_._ --". Deleted: 71-16 71-0 CHAPTER VII - LIQUOR, BEER & WINE . ORDINANCE 71 LICENSING AND REGULA nON OF CONSUMPTION OF INTOXICATING LIQUOR Section 71.01: PROVISIONS OF STATE LAW ADOPTED. The provisions of Minn. Stat. Ch. 340A,reJating to the definition of terms, licensing, consumption, sales, conditions of bonds of licensees, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumptirjttofintoxicating liquor are adopted and made apart of this ordinance as if set out in full, except as herein altered or modified under the authority provided to municipalities in Minn. Stat. ~ 340A,509. Section 71.02: LICENSE REQUIRED. Subd. I: General Requirement. No person, except a wholesaler or manufacturer to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale in the City any intoxicating liquor without a license to do so as provided in this ordinance. Liquor licenses shall be off OUT kinds: "on-sale", "off-sale", "club" and "temporary on-sale~'Ji~~~~~~:m____------{ Deleted: special event Subd. 2: . On Sale Licenses. "On sale" licenses shall be issued only to clubs, restaurants, and exclusive liquor stores and shall permit "on sale" ofliquor only. Sllbd. 3:. Off Sale Licenses. "Off sale" licenses shall be issued only to exclusive liquor stores and shall permit "off sales" of liquor only. Subd. 4: Special Club Licenses. Special club licenses shall be issued only to incorporated clllbswhichhave been in existence for fifteen (15) years or more or to congressionally chartered veterans' organizations which have been in existence for ten (10) years. Subd.5:.T-~IIlP()~illY ()Il~~al~ I:,i()~l1s~s. ..'~Te~p_orillY .()l1:~.ale'~ li()~l1s_es ~l1illl.~~ .i~sll(;l4 t()a.. _//( Deleted: Special Event qualifiedapplic;ant fot a specified continualJ.i~~_p~~!<.>_4_Il<?~_!~_~~~_~<:l.4J()l:'.~Ht4~}:'_s..__.b.!! m____mm:.....{ Deleted: SpecialEvent "temporary on-sale" I icenses .e.~P.i~.ll! }~:Ql,._ll:!!!: .<?!~ _!115~ _ ~~xX<.>.11_()~}.!l~ _~I1_t? _ !ll~t~ .4~Y_ ~f.!hf? .!!S:~Il~~_ _ ,,"-' '. i Deleted: twenty-four hour period. The "temporarv on-sale'~I!~f?l1~~_~h~H_~~_~ll~j(:)~!_!<?_!h(:).g(:)l1~!~U~.r.JE~__l!Il4_~().!l~!!!<'>!l~_~fm_ \::~{ Deleted: this ordinance, unless clearly inapplicable, with the following additions and/or changes: \<:< a) A "1~Jnp_.Q!:-,!r.Y.91l~~ill.~'_ .1.i~(:)~~_~ _ ~hllH. ~(:)_ ~~_s.':I.t?~ g~!y ~~_ ()~g,~Il!~~!!<?!l~,()~_ ~!l!!!!~,S._"",,_ . which qualify as a non-taxable organization as defined by Sec. 501(c) (3-8) of the . Internal Revenue Code. Deleted: ing 1 Deleted: 1:00 Deleted: "special event" Deleted: special event b) Application for the "temporary on-salt\:_!!c~Il~~_~I1~!L~~_~~~~!!!~_4_~tJ~~~t&~_~y~__</-.-lE..elebld-;-;;;;'~----:J prior to the date of applicability. The City Council may waive the 29..da)'-'-"~: 30 ' -- 'I deadline, but if doing so, shall charge a late fee not to exceed $250.00:' --u,H-'u-----'.~~~~i.i::~_.=-._~_ c-::=] 71-1 CHAPTER VII - LIQUOR, BEER & WINE c) The license fee shall be paid at the time of l;lpplication, suqject to, refund if the license is denied. d) Proof of liability insurance in accordance with Section 71.03 Subd.3 shall be delivered to the City Clerk/Administrator prior to issuarice of the license. e) The City Council may waive the investigation fee required by Section 71.05 Subd~. 1 and 2 for applicant~ that have be,en inexisten~e and operatiqn in the City of S1. Joseph for the five years preceding the application. t) g) The "temporary on-sal~'Jj~~p'~~.is..9~P.:tr.~l.l1.s.IW'~~I~:.......,.. ... .......,',...<:::::1:::::: ;pecial event The maximum number of "temporary on~slil~~.!!<?~1.l.s.~.s.~~!@h.91-l!:Y l>,~.~s.~!-!~gJ~,l:l!!.,.. ,._.. {Deleted: special event entity or organization in a single calendar year is three three-dav, two three-day, one four-day, or six one-davT JJ~~.'!~~~:.9.~},~. ?)!XEt?!'!1.~}E~!i.()E .~5?!.!9- .~~<?~~~. ~j?)...... ,.,.' ,...- Deleted: four-day, four three-day, six days per vear. """" two-day, or l2one-day Deleted: 12 Section 71.03: APPLICATION FOR LICENSE. Subd. 1: Form. Every application for a license to sell liquor shall state the name of the applicant, his age, representations as tqhis character, with such references as thecouncilma,y require, his citizenship, the type oflice~sel;lppliedfor, the business in connection with which.the proposed license will operatt;l andit~ lqcation,whether the applicant is ownerandopt;lrator ofthe business, how long 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 containingsuchinformation, the application shall be in the form prescribed by the commissioner.qf public safety and shall be verified and filed with the City Clerk/Administrator. No person shall make a false statement in an application. Subd.2: Bond. (Bonding requirements repealed 1991) Subd. 3: Liability Insurance. . Prior to the issuance of an "on sale" or "off sale" intoxicating liquor license, the applicant must demonstrate proof offinancial re~ponsibility with regard to liability imposed by Minn... Sta+ ,~34QA..409 with the Coml11issioner qf rublic Safety and the City Clerk/Administrator of St.J oseph as a conc:lition of the issuance Or renewal of his license. Proof of financial responsibility may be given by filing. a) A certificate that there is in effect an insurance policy or pool providing the following minimum coverages: 1. Fifty Thousand Dollars ($50,000) because of bodily injury in anyone person in anyone occurrence, and, subject to the limit for one person, in the amount of One Hundred Thousand Dollars ($100,000) because of 71-2 CHAPTER VII - LIQUOR, BEER& WINE bodily injury to two or morepersonsirlany one occurrenc~, and in the amount ofTen Thousand Dollars ($10,000) because of injury to or destruction of property of others in anyone occurrence. 2. Fifty Thousand Dollars ($50,000) for loss of means of support of anyone person in anyone occurrence,. and, subj ect to the limit for one person, One Hundred Thousand Dollars ($100,000) for loss of means of support of two or more persons in anyone occurrence; or b) A bond of a surety compan)' with minimum coverages as provided in clause a), or c) A certificate of the State Treasurer that the licensee has deposited with him One Hundred Thousand Dollars ($100,000) in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of One Hundred Thousand Dollars ($100,000). The liability insurance policy required by thissllbdivision shall provide that it may not be cancelled for any cause, either by the insured or the insurance company without first giving ten days notice to the City in writing of intention to cancel it, addressed to the City Clerk! Administrator of the City of St. Joseph. The operation of an "off sale" or "on sale" business without having on file at all times with the City Clerk!Administratortheliahility insurance policy herein referred to shall be grounds for immediate revocation of the license. Lapse ofinsurance or other evidence of financial responsibility will trigger.an automatic revocation of the license. Notice of cancellation of a current liquor liability insurance policy shall also serve as notice to the licensee of the impending revocation and that unless evidence of compliance with the financial responsibility requirement is presented to the City Clerk! Administrator before the termination is effective, the license will be revoked instantly upon the lapse of insurance or other financial responsibility. Section 71.04: LICENSE FEES. Subd. I: Pavment. No "off sale" license or club license shall be issued until the full fee is paid to the City Treasurer, and no "on sale" license shall be issued until one half of the required fee is paid to the City Tr~asurer, and a prolllissol)' not~ for the remaining one halfof the fee payable 6 months thereafter, an~ providing for theparyent of collectionfees equal to one half of the amount of the note, payable to the City ofSt. Joseph, is deposited with the City Treasurer. Subd. 2: Fees. The annual fee for an "on-sale" or "off-saJe" liquor license shall be established by resolution of the City Council, and the maximum amount allowed by law for a special club license. The fee for a special event license shall be $250.00 per twenty-four hour license period. Subd. 3: Term; Pro Rata Fee. Other than the "special event" license, each license shall be issued for a period of one year except that ifthe application is made during the license year, 71-3 \ CHAPTER VII - LIQUOR, BEER & WINE the license may be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being countedas.on~ month. . EVe:rylicense shalle){pire on June 30. Subd.4: Refunds. No.part of the fee paid for any license issued under this Ordinance shall he refunded. except in thefollowil1.ginstances uponapplicationtoth~City CounciIwithin 30 days froltlthehappening ofthe event.. There shall be refunded a pro rata l'ortion ofthefee for the uneJf.pire(iperiodofthe Iicens~,computed on a monthly basis when qperationof the licensed business ceases not less than one month before expiration of the license because of: a) Destruction or damage to the Iicensed.premises by fire or other catastrophes. b) The licensee's illness. c) The licensee's death. d) A. change in the legal status of the municipality, making it unlawful for the Ilcensed business to continue. Section 71.05: GRANTING OF LICENSES. Subd. 1 : Preliminary Investigation. On an initial application for an "intoxicating liquor" license and on application for transfer of an existing "intoxicating liquor" license, the applicant shall pay with his application an investigation fee of nOt to exceed Five Hundred Dollars ($500.00) and the City shall conduct a preliminary background and financial investigation ofthe applicant. The application is such case shall be made on a form prescribed by the state bureau of criminal apprehension and with such additional information as the council may require. If the council deems it in the public interest to have an investigation made on a particular application for renewal of an "intoxicating liquor" license, it shall so determine. Subd.2: Investigation Outside State. Iran .investigation outside the state is required. the applicant shall be charged the actual costofthe investigation. notto exceed Ten Thousand Dollars ($1 G.GOG). which shall be paidbv the applicant after deducting any initial investigation fee already paid. The fee shall be payable by the applicant whether or noUhe license is granted. Subd.3: Investigation Authorized. In any case, if the council determines that a comprehensive background and financial investigation of the applicant is necessary, it may conduct the investigation itself or contract with the bureau of criminal investigation for the investigation. a) Pursuant to Minnesota Statutes Section 13.87. the St. Joseph Police Department is 4-.------ authorized to conduct criminal history background investigations for on-sa.le and/or off-sale liquor license applicants using Minnesota Computerized Criminal History data (purpose code E). . Access to federal or interstate indexes for these purposes is expressly prohibited. 71-4 Formatted: Indent: Left: 0.5", Hanging: 0.5" CHAPTER VII-LIQUOR, BEER& WINE h) Before the background investigation is begun, the applicant must authorize the police department in writing to undertake the investigation and to release the jnfofq1ation to the City CounciL City Administrator, City Attorney and/or other appropriate Citv staff as necessary. .s.1J.~~.'.1::.. .~~~r.!1.1.!~L~f.1d, ~~s.~~(;~:, _TIJ~g!!Y.99':l1.1.~il,~.h~W. .i~y-~~ti.g~~~,~l.lf.~<::,t,s.,s.~,~~~~ .i_J?!~~,.. ,.... .' ...' Del~~No license :~~ be is:e\ application and not investigated in the preliminary background and financial investigation . ... :a;::e~tisf~::thelco;'~~th:s ow conducted pursuant to Subdivision2 1 throug:h 3. Opportunity shall be given to any person to be' issuance would not be in the public heard for or against the granting of the license. After the investigation and hearing the council inter~st. Ifaninvestigati?noutsidethe , , state IS reqwred, the applicant shall be shall, in.,!~s. A~s.<::.I:t?!!~I1J, W:~!, ~~ ,~~~~,t? ,!~t?, ~J?P-!!<::~!~9~:,,~ ~ .'l~ff..s.~!~~~).i.\?~,J?s.,t?, s.!!~)L~~.\?(),J!l~"" --- -- n ,..... ~arged ~~:t n(~o o~~~ l';;~1 b effective until it, together with the security furnished by the applicant, has been approved by' the \. \ pai~U: the app~~t ~er d:uCting':y commissioner of public safety. ...... initial investigation fee already paid. The ...... fee shall be payable by the applicant '. " whether or not the license is granted.1I ~\ \. \ 11 \, \. I Deleted: 2 \'<'~I~: 11, -----.J '{ Formatted: Indent: First line: 0.5" ] Subd. 5: Denial. No liquor license shall be issued. transferred, or renewed ifthe results show to the satisfaction of the council that issuance would not be in the public interest. If the Citv rejects an application made pursuant to this. Section. the City Administrator shall. within 14 llil-.YhnO!j.fy.Jl1~ium.licant iruyriting ofthe fQ\loWi1ig: a) The grounds and reason tor the denial: b) A list of deficiencies that when corrected, would allow a reconsideration of the lic~!l~.J!P-I2lication; ~d Formatted: Indent: Left: OS', Hanging: 0.5" 0-____ Any appeal11rocess( es) av~ilable tcrthe applicant for reconsideration ofthe license request. Subd. 6: Ouestioned Identity. Ouestioned identity situations may occur. Fingerprint verification wm be allowed for cases where it is not clear ita record based on a name and date of pirth $ear~h acs;ura~ con'esponds to tQ~~yQject of the inquirY. S ubd. 2: n~,t?r.s.,~!1: ,~~I>.I:t?!!l:i,~~,~,~~C:~I1,~~~;.'[~~SXf?~:n g~c:~,~i,c:~E~_t?_~!!~lJ_~~, .i~s.~~~ ,~,J?h~,~9n __ n".".., { Deleted: 3 the applicant and for the premises described in the application. No license maybe transferred to another person or place without City Council approval.. Any transfer of stock of a corporate licensee is deemed a transfer of the license and a transfer of stock without prior council approval is a ground for revocation ofthe license. COMMENT: Subd. 8 discusses the availability of licenses. It limits the number of on-sale and off-sale licenses to that allowed in state statutes. Recentlv,statelaw has eliminated the upper limit on on-sale licenses. Nevertheless, the City may still limit the number of on-sale licenses available. Does the Council want to continue placing an upper limit or "cap" on on-sale licenseS? There still is an off-sale limit under the state statutes. Subd. JLI'!~~i,c:~ _9[!\y~g~~!!iD'__~f~!~f?!1:s.~..JX~__~!1:~S.~!~,~~,~ff~~~!~.!!~t?1.1.S.~,~~c:~!!l:t?~.___mn..' --- ,-{ Deleted: 4 available because of non-renewal, recision or cancellation, or because ofthe availability of an additional license not previously issued by the City, the City shall advertise the availability of the 71-5 CHAPTER VII - LIQUOR, BEER & WINE license in the official legal newspaper of the City to provide notice of any interested parties, The notice shall inform the public that. all~pp1icationshaU besuQm.ittedvvitllt~e required investigation fee to ilie City ClerklAdministratorwithin29liays oBhed~te>ofpublication.. All applications so received shall be investigated in accord~c",. with Su1>4l\.1 through 3 of this section and ilie license maY.be grantedaft~rth~Ci~Council~ol1ductsah~~ingon the.v~rious . .'~"'._._'..'..'_'__.'.._'_"'_...''''..'..''.'.'..' applications pursuant to Subd. ~~~!".~!':l"'_ J!L~~.~. ~~~_~t~f.ll}.LI!!!R~~.~RH~5!~!~_~~_ K<?!". ~ .~!~gJ~ ).i'<~~}?~_~1.. _ _ -. -. -~I!!=~..:..:._.._...._.._.._,...._.._..........~_J ilie City Council shall consider the following criteria when determining ilie applicant to whom the license shall be granted: a) The applicant's past compliance with ilie general requirements of state and local law. b) The results of the. background inv.estigation, including general. moral character, any criminal charges or indictm(.)ntsnotresulting in conviction, or conviction for offenses not acting as a total bar to license eligibility. c) The applicant's failuretp comply with ordinances or r(.)gulation of the City ofSt. Joseph or other municipality, or any deficiencies or delinquencies in the payment of any taxes, assessments or other financial claims of the City of St. Joseph or any other municipality. d) The applicant's financial responsibility and ability to meet the legal requirements oBhe operation ofthe licensed premises. e) The intent and feasibility oBhe applicant to actively participate in the operation and management ofilie licensed premises. f) The attitude of the applicant toward the enforcement of liquor laws and laws relating to liquor consumption. g) The location at which ilie applicant proposes to operate the licensed premises, and the manner in which the location will compliment or contradict surrounding property uses, as well as the availability of off-street parking. h) Past experience of the applic~t in the operation of a liquor establishment. i) Insurability of the applicant. Section 71.06: PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to or held by any person: a) Under 21 years of age. b) Who is not of good moral character or repute. 71-6 CHAPTER VII - LIQUOR, BEER & WINE c) Who, ifhe is an individual, is not a resident ofthe State of Minnesota, or does not become a resident of the State ClfMinnesota within 90 days aftedhelicense is issued. Ifthe apI'licant is a corporation, at least one principal officerofthe corporation must be a resident of the State of Minnesota or must become.~ resident of the State of Minnesota within 90 days after the . license is issued. d) Who is or has been convicted of any violation of any law in the United States or the State of Minnesota or of any local ordinance regarding the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquor, or whose liquor license has been revoked or who has committed a willful violation of any such laws or ordinance. e) Who is a manufacturer or wholesaler of intoxicating liquor or is interested directly or indirectly in the ownership or operation of any such business. f) Who is directly or indirectly interested in any other establishment in the municipality to which a license of the same class has been issued under this Ordinance. Section 71.07: PLACES INELIGIBLE FOR LICENSE. Subd. 1: General Prohibition. No license shall be issued for any place or any business ineligible for such a license under state law. Subd. 2: Delinquent Taxes and Charges. No license shall be granted for operation 011 any premises on which taxes, assessments, or other financial claims of the City are delinquent and unpaid. Section 71.08: CONDITIONS OF LICENSE. Subd. I: In General. Every license is subject to the conditions in the following subdivisions and all other provisions ofthis ordinance and of any other applicable ordinance, state law or regulation. . Subd.2: Licensee's ResponsibilitY- Every licensee is responsible foi-the conduct of his place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this ordinance and the law equally with the employee. Subd.3: Inspections. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the City to enter, inspect, and search the premises of the licensee during business hours, within one and one-half hours after the closing times as prescribed by law or at anytime anyone is present on the licensed premises. 71-7 CHAPTER VII - LIQUOR, BEER & WINE Subd. 4: Nudity and Sexual Conduct Prohibited. The following acts or conduct on licensed premises are strictly prohibiteci: a) To employ or use any person in the sale or service ofalcohdIic beverages in or upon the licensed premises while such person is unclothed or in such attirt:, costume or clothing So as to expose or to viewanyp~rtion of the female breast below the top of the areola or of any portion ofthe pubic hair, anus, cleft of the buttocks, vulva or genitals. b) To employ or use services of any host or hostess while such host or hostess is unclothed or in such attire, costume or clothing as. described in Subd. 1 above. c) To employ or use any dancers, musicians, or other performer~orentertailters, who are unclothed or in such attire, costume or clothing as described in Subd. 1 above. d) To directly or indirectly sponsor any cODtests",hich JUay foreseeably caliSe, result in or lead to the occurrence of the acts or incidents dl;lscribed.in.Subd. .6.below. e) To encourage or permit any person On the licensed premises to touch, caress or fondle breasts, buttocks, anus or genitals of any employee of the. Iic.ensee or any performers or entertainers who are employed or whose services are used by the licensee. f) To permit any person to perform acts of or acts which simulate: 1. With or upon another person sexual intercourse, sodomy, oral copulation, flagellation or any sexual act which is prohibited by law. . 2. Masturbation or bestiality. 3. With or upon another person the touching, caressing or fondling of the buttocks, anus, genitals or female breasts. 4. The displaying of the Pllbic hair, anus, vulva, genitals or femllle breasts below the top of the an:ola. g) To permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above. h) To permit any person to remain in or upon the licensed premises, or any area owned or controlled by the licensee which is viewable from upon the licensed premises, who exposes to public view any portion of his or her genitals or anus. i) To permit the showing of film, still pictures, electronic reproduction, or other visual reproduction depicting: 71-8 CHAPTER VII - LIQUOR, BEER & WINE 1. Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual act which is prohibited by law. 2. Any person being touched, caressed or fondled on the breast, buttocks, anus, or genitals. 3. Scenes wherein a person displays the vulva, the anus or the genitals. 4. Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described herein. j) A violation of any portion of this section shall be punishable as a misdemeanor. Both the licensee and the person(s) actually engaging in any oftheprohibited acts shall be criminally liable. Any violation ofthis section shall also constitute grounds for revocation or suspension ofthe licensee's license,inacc()rdance with the rules and procedures otherwise established by this ordinance and state law. Section 71.09: HOURS OF OPERATION. Subd. 1: Applicability of State Laws. No sale of intoxicating liquor shall be made at any time when the sale of intoxicating liquor shall be prohibited by state law, except that no sale of intoxicating liquor shall be made between 1 a.m. and 8 a.m. on the days of Monday through Saturday, nor after 1 a.m. on Sunday, except as provided by Section 71.09 Subdivision 2. Subd. 2: Sundav Liquor. A restaurant, club, or hotel with a seating capacity of at least 30 persons and which holds an on sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food after the hour of 10:00 a.m. on Sundays. An establishment serving intoxicating liquor on Sundays must obtain a Sunday license. Any establishment requesting a Sunday license must show that they are in conformance with the Minnesota Clean Air Act. A license must be issued by the governing body of the municipality for a period of one year? and a fee as established by resolution of the pty Council may be charged, but in no event shall said fee exceed the sum of Two Hundred Dollars ($200). The sale of liquor on Mondays between the hours of 12:00 a.m. and 1 :00 a.m. is perl1litted unless otherwise prohibited by State law. I .. Subd. 3: '.bisplav ofUquor after Hours. All persons, except ih~ iic~rtse~;his harta fide ... . .- .-_-t~:I:"~~._____._.J employees, and the law enforcement officers, shall be excluded from the premises within 30 minutes after the expiration of the time on any day when intoxicating liquor may be legally sold therein. It shall be unlawful to permit the consumption or displaying of intoxicating liquors later than 30 minutes after the sales must terminate. It shall be conclusively presumed that any intoxicating liquor remaining on a bar or in a booth or on a table thereafter shall be for the purpose of consuming the same in violation of this section. 71-9 CHAPTER VII - LIQUOR, BEER & WINE Subd.4: Enforcement bv Licensee. The named licensee shall be reliPonsible for the enforcement of this section and failure to do so shall be a violation of this Ordinance whether the named licensee, or any officer thereof, ili PDysicallypresent when the .offense occurred. If the licensee is openltinganY other)awfullmsiness. in the. building in l,Vhich thelipensed bar is located, no intoxicating liquor shall be served, nor permitted to beconsume9, on the premises where such other business is conducted during the time when the bar must be closed as aforesaid. Section 71.10: CLUBS. .Noclubholding a.special clublicenseshall.sell Hqll,or except to members. No other licensed club shall sellliqu()r except to members, and to guests in the company of members. Section 71.11: RESTRICTIONS.ON PURCHASE OR CONSUMPTION. Subd. 1: Persons to Whom Sale is Illee:al. a) No persons to whomJh~sale<>fintoxh:;atingli'luorisf()r1?id4etlhYst~teI<lwsh~11 misrepresent hisageforthepurposeofobtaininginto:xicatingJiquor nOr shall he enter any licensed premises under this ()rdinancein ordertoprocure said beverages, or to consume or purchase, or attel11ptto purchase, or have another purchase for him, such beverages on licensed premises. b) No person shall induce a person to whom the sate of intoxicating liquor is forbidden by state law to purchase or procure intoxicating liquor. c) Except as herei~after provided, no person to whom the saleiof" intoxicating liquor is forbidden shall enter or remain in any place where intoxicating liquors are sold or given away. A person to whom. the sale. of intoxicating liqu()r. is forbidden may be permitted to remain in specified areas of licensed premises if said person: 1. Is accompanied by his parent or legal guardian, or 2. Is in the restaurant for the purposes of eating, or 3. Is in a bona fide bowling establishment for the purpose of bowling Pi" watching others bowl, or 4. Is in an approved game room area no later than 9:00 p.m. for the purpose of using or watching others use amusement devices, or 5. Is an employee of the licensed premises who is 18 years of age or older and is on the premises for purposes of his or her employment, or 6. Is a guest at a private reception or party. 71-10 CHAPTER VII - LIQUOR, BEER & WINE d) For the purposes ofthis ordinance: 1. Private Reception or Party. Shall mean an event held in licensed premises that is not open to the public and attendance is limited to a discreet and identifiable group bfpersons invited by a host, which group may include persons under the age of twenty-one (21). 2. Host. For purposes of this ordinance is a person, at least 21 years of age, who has rented a discreetportion or all of the licensed premises, which person is financially responsible for the rental oftheprernises. The general public may not be allowed into or invited to the private party. 3. Game Room. Is defined as an enclosed area, separate and apart from the areas in which intoxicating liquor is sold or served, which is equipped with amusement devices and which has as its primary purpose the use and enjoyment of said amusement devices, provided, however, that no such area shall qualify as a game room if intoxicatingliquor is served or delivered to the area by the licensee or his employees,. before 9:00 p.m. Licensees seeking to establish and operate an approved game room area must first apply to the City Council for approval and must show that the area so designated conforms to the definitibn of "game room". set forth above. Council approval of any such area is required before minors may be allowed in the licensed premises pursuant to subparagraph d) ofthis subdivision. 4. Licensed premises. Shall not inchlde allY enclosed area, separate and apart from the area in which intoxicating liquor is sold or served, provided that such area is separated by an impermeable floor to ceiling barri~r from the area in which intoxicating liquor is sold. Any licensee maintaining such an area at the same site as a licensed premises, shall be responsible for preventing persons under the legal age for purchasing intoxicating from entering the licensed premises and preventing the transport of any intoxicating liquor from the licensed premises into the separate area. The presence of an underage person in the licensed premises or the presence of alcohol in the separaledareashalll?othbe deemed violations of this ordinance subdivision by the named licensee. e) The named licensee shall be responsible for enforcement ofthis subdivision, and failure to do so shall be a violation ofthis Ordinance by the licensee whether the named licensee, or any officer thereof, be physically present when the offense occurred. Subd. 2: Consumption in Public Place. 71-11 CHAPTER VII - LIQUOR, BEER & WINE a) No. persDns shall mix Dr prepare liquDr fDrcDnsumptiDnin an.Y public place ar place af business nDt licensed to. sellliquat"ol1~alen an.d no. persall shall cansume liquor in any such place. b) No. liquar shall be saId ar cansumed an a public highwliY ar in an autamabile in any public place in the City af8t. Joseph. c) No. liquar shall be cansumed ar carried in an apen cantainer an any public street, highway, alley, publicside""alk,. public ParkiIlg lat ar private parking Ipt which is apen fpr use by the general public. d) No. persan shall cpnsume or carry an. apencantainerofany liquPf onan.yparkiIlg lat prDvided far the patrans af a licensee under this Ordinance. TIlt: licensee shall be respDnsible far the enfDrcement of this Sectian 11, Subdivisian 2(d),and permitting any persan tacansulTIe arcarry an apencantainef ofliquaran an.Y parking lat pravided far thepatrpnsof a licensee under thi~ OrdiIlance shal.l b~ a vialatian afthisOrdinance 1.:>y the licensee. e) Far purpDses?fSecfia~lI,.Subd. t afthis()fcdinanc~,..the,~~tinnLig~()r".s~all mean far purpases ofinclusi()n hut not limi~ati()n, all iIltoxicating liqupr .and spirits, intoxicating an<inon intoxicating malt liquors and wines. Subd.3: Identification.' Every person shall prDcessand show proper identification to a licensee, emplayee afa licensee ar palice afficer when requested to. do. sawhenthefallawing circumstances exist: a) The persan is enteringar present in the premises licensed far the saleaf intoxicating liquor. b) The persan is in passessian of intoxicating or 3.2 percent malt liquor, eithetonor aff licensed premises. Far purpases afthis ardinance, praper identificatian shall be limited to. a valid driver's license ar afficial state identificatian card. Subd.4: CDnsumptian affthe Premises. All intaxicating liquar saId "an-sale" shallbe passessed and cansumed inside the building where purchased"an~sale"except as allawedin Subdivisians Sand 6 afthis sectian. No. persan shall passess ar cansume any intaxicating liquar autside the building af an "an-sale" business if said intaxicating liquar was purchased "an-sale" except as allDwed in Subdivisians Sand 6 afthis sectian. The licensee shall be respansible far 71-12 CHAPTER VII - LIQUOR, BEER & WINE the enforcement of this provision, and permitting a person possessing intoxicating liquor" on- sale" to leave the building shall be a violation of this Otdinallcebythe licensee. Subd. 5: Permanent Outside Liquor. Notwithstanding the provisions of Section71.11, Subdivisions 2, 3 and 4 herein, a licensee shall be allowed to sell intoxicating liquor and may allow persons to possess and consume said intoxicating liquor outside of abuilding of an "on sale" business pursuant to the following terms and conditions: a) The said sale, consumption and possession is limited to property adjacent to and contiguous with the building of the "on-sale" business, and on real property owned or leased by the licensee. Under no circumstances shall the sale, consumption or possession of the intoxicating liquor occur on any public streets, alleys, sidewalks, park or other public property. b) The area in which sale, consumption and possession of intoxicating liquors may occur shall be clearly designated and enclosed by permanent fencing, which will effectively control ingress and egress to the designated area, limiting ingress and egress to specificentrancesandeJ(its whichm~stbe effectively controlled by the licensee, his/her agents or employees. The fence shall be at least six feet in height but shall not be more than ten feet in height,.and shall be constructed as a "privacy fence" so as to obstruct the view into the designated area from off the licensed premises; except, if the area is for sport-type recreational use, achain link fence is deemed sufficient. The fence shall comply with structure and building setback requirements for the property on which it is constructed. c) The licensee, his/her agents or employees shall be present at the designated outside area at regular intervals for the purpose of supervising the activity of those persons purchasing, possessing or consuming intoxicating liquor and furtherfor the purpose of controllingingress.and egress to the designated ar.ea. I L. d) No intoxicating liquor shall be sold, served, possessed or consumed in the designated area outside of the building ofan "on.,sale"business later than 10:00 o'clock p.m. Customers or patrons shall not be allowed to remain in the outside area later than 10:15 o'clock p.m. The provisions of the St. Joseph Noise Ordinance (Ordinance 102). shall apply to the activities occurring in the outside area, including the playing of music. All activities must conform to the noise limitations established by Ordinance 102. The licensee shailberesponsibie for iheconcluctofaiipersons present" iilihe.. H.".. "./tr~:~ --------~ designated outside area. No person so located shall engage in obscene, vulgar or offensive language which can be heard outside the premises owned by the licensee, nor shall. such persons engage in obscene or offensive conduct or actions which may be observed from outside the premises of the licensee. e) f) Debris within the designated outside area shall be cleaned within one hour after the closing of the area, and all debris located within that area, or debris located 71-13 CHAPTER VII - LIQUOR, BEER & WINE adjacent to the area but originatin.g from the designated outside arel'l, shall be picked up and removed within that time period. g) Outside liquor consumptionshall bepr()hibit~dwithin 150 feetofanY area within the City zoned for residential use, as measured from the closest point of the designated outside liquor area. h) All other provisions of this ordinance and state law, a.pplying to the sale of intoxicating liquor, and the ID.!il1ner in which the licensee must conduct his/her business shall apply to the designated outside area in a similar manner as they apply to the licensed premises and the usual business conducted therein. Subd. 6: Temporary Outside Liquor Permit. a) NotwithstandiTlgtheprovisions of Section 71.11, Su.bd.'s2, 3 @d4hc;lrein.,.a licensee shall be allowed to sell intoxicating liquor and may allow person~ to possess and consume said intoxicating liquor outside of the building of an "on- sale" business,pursUl1llttoa spl.'lcialpel'l1lit fromti1e Oit)'. . Eacb. p~l'l1lit isslJe<.{ 9)' the City shall be applicable for a single designated period not to exceed 48 hours. The permit shall designat~\Vhet4erit is an "event permit" or a "seasonal permit." An event permitshallhe applicable for a single des~gnated\period not to exceed 48 hours. A seasonalpermitshall he .valid from MllY 1 through September 1, qr a designated portion thereof. Application for permit must be made to the City ~leEklAdministrator at leastJ1ir1~ty (?D.) .d~y~p.r.i()tt()t~~ Al'l!e. f()f. 'Y-~.i~~th~ p~rmi~ i~.to apply. Application shall be on a form prescribed by the City Council. A.pplication. shall be made in the name of licensee, and the lic.ensee assumes full responsibility for any violation of the terms of the permit, this Ordinance or other la", resulting from acts or conduct occurring on the licensed premises at the time the permit is in effect. Application for a permit shall be accompanied by a permit fee established and amended from time to time by Council resolution. The fee is lion-refundable. b) Upon receipt, the Clerk/Administrator shall forward the application to the Chief of Police for review,c~trlmentand recommendation. lJpon completion of police review, the applicati()n.~b.all.b(lc()nsideredby the Council at al'ublicm~~!ing. Prior to meeting, the applipantshall Ilotify the ()wnersqf pr()p~rty adjapent to the location of the proposed outside liquor of the pending application. At the meeting, the Council may either deny or grant the permit and establish reasonable conditions and regulations controlling the permitted activities. c) When considering a permit request, the Council shall consider the following factors: 1. Protection of the peace and repose of the residents of the City. 2. The safety of City residents and their property. 71-14 .-{ Deleted: thirty CHAPTER VII - LIQUOR, BEER'& WINE 3. The reasonable concerns of City residents within the Vicinity of the proposed activity. 4. The nature of the activity proposed and the manner in which the licensee intends on controlling the activity. 5. The gerieralland use of the surrounding neighborhood. 6. Past experience with events of a similar nature and events held by the applicant. 7. Recommendations of the Police Department relative to public safety, law enforcement and the creation of disturbance. 8. Whether the event is one of general community interest or is in the nature of a civic event. d) Pelmits for temporary outside liquor shallbe subject to the following conditions. 1. Outside activities that are conducted in coni unction with liquor sales under this license. including but not limited to the playing of live orrecorded music. shall cease at 9:30p.m. except each license holder may on one night during each calendar year extend the outside activities until 12:00 midnight if the following conditions are met;~ ___~ _m __.~.~ _~ _~ _~n nu c_ __~__~_~m__-'-~'" a.) Theeyent occurs on a Friday or Saturday, on July 3, or on the day preceding Memorial Day or Labor Day: and Deleted: when the following conditions are met, in which case such activities may extend until 12:00 midnight: ""'-"'1 Formatted: Bullets and Numbering b.) The licensee has paid a surcharge in the amount 01'$500. +------- 4--_____ 2. When the licensee submits his/her application for temporary outside ..------- H9..IJ.QI.. he/sj1e shal1 also submit to the Council a Complaint Mitigation Plan. This Plan shan bLltlineactionsrequiredby the licensee prior to,. during and after aneYe~tinor~ertomitigate the~m,n~erof~ol11plaints from th~ publicregardin~. ~e event. , The Plan shan be ~i~ne? by the licensee and must be approved and signed by each ?ftheCitv's Depaltment Chairpersons.' When creating this plan the licensee shall utilize the Complaint Mitigation Plan template provided with the application forms. ' Formatted: Indent: Left: 1.5" Formatted: Bullets and Numbering Formatted: Indent: Left: 1.5" Formatted: Indent: Hanging: 0.5" ..--.~--- Formatted: Indent: Left: 1" 3. Upon payment oIthe application fee, the licensee shall also submit ".uno. Formatted: Indent: Hanging: 0.5" payment in the amount 01'$1.000 that will be desposited into an escrow account by the City and will be used to make payments for repairs, clean- i111Jines and other expenses that the City will incur as a direct result of the licensed event(s). Those funds that are not used shall be returned to the licensee. 71-15 A .Deleted: effectively The licensee.shalIprovideanappropriatenurnberMpropeflytrained ,/,Deleted:d.. .. security..personnel toJs~,ep..9!~~~E .~d.~9-tl!!.~L~~J:ri.rl.g_t~.t?~m!~~ Jj.s~!!~~"... ... c" /" /,Deletect:I.,imitation of the time of period, :/ /~utside activities,lI .. ..'ii. . ! :' . ,.2.0' ~.-. -... .~.g!~~j!!g.~"P.~!!'!!t J9-t~~!!1.P.C?!~W2!!t~j~~.Hg~2tJct!!~.SC?~!lH!!.~~~R~~~~!!~h ..c.. C,"_j'ib~.eleted:3 'I reasonable conditions to protect public health, safety, repose and property in i /. Deleted: 41 ?ddition to those list~d ~bove. Thecondi~ionsestablished py the Council may ,/ //. Deleted: 5 J Include, but are not ltmlte-q to, the follOWing: I " !! .. . ~J] . ! ,': Deleted: Require the licensee to " " : Ii provide special security.lI 1. b!!l.l.~~t!9-tl.~fth~.~R~.c?!t!~.~~~j~!!!~.~.P~~.~tt~~:'m..............mm.m....m......j .... li/ ~. 6.. ') R' r . I . ,/:,} .(De'et~'7;r=='= -.--.-~="=.=- ", ~.n....__.~qll!!~_~~~ll!.~~.!~__~IE!!.~~_~~g~_~!~.tl~!~~:..nn.........___._..__h_.mn ..___n....; ," ': !~?'"=-~'~"--==="==.".l ,I: !' Deleted: 7. . DIctate cleanup of area 11 ) ~.nn u.!:!!l.l.~~ ~h~.!!~~J?~~.'!XP~tC:!P.~t~:hdn.....m'_'_h_.mu.m. m. ..d...d u ... u..._._ <,f..; :,:::' ~:~:=~~~a::;t~~~~.",:~~~:,~ , " , I. j / ';:'.: , ( Delet~-: f J ii' ~.... .....D::::::.)~ ~(@~1()~~~ .!K9~~:s~f~4:I~jh~p~~Ji{i~~-~ID~m~pritlY:()~t~~~~:Hq~Rt.~y~tlI p~rpiHt::/' /,' shall be subject to the following terms and conditions: " ~ " " :: f \ i , \ \ \ ' \ ' \ , ~ : \ ' , ' ,." \ " \ " , II, I" \ " \ " I" it: I" I" \" U! I" I" I" ." ." I" ." ." I". \'." pf ." ." ,." ... ." I~ ," ," I' .' 1: The licensee shall repair any damage to public property directIyresulting I: from the activities, including but not limited to damage to pavement It ~~~d'Z'.P~d::O::;;:~;;;:::~'~~..~e.~f21~.~~I.ooo,.~~e......! any 3.2 percent rnalt liquor, unless the 3.2 percent malt liquor is consumed in the household of said persons parent or guardian and with the consent of the parent or guardian. CHAPTER VII - LIQUOR,BEER& WINE 4. 1. ...... .._Ml,i~~sp~~i~!p:r:o.'\fisi<:l9.s.J<'.rl,i44i~i<).rl~)pl,ir~irlg~.... 1. Outside ljquor.shall onlybe allowedf.l!!_tf.1~.!~'?~tl~~~cP!~m:!S.~S.~._.c...,..c.~.._.c/ : .. De1eted':1l)An addition 10 th"se slated i: in the pennit, all seasonalpennits shall be i: subject to the following tenns and ::conditions:lI 11 I. . Notwithstanding Subd. 5, outside liquor shaU only be allowed in a sidewalk area 2. Ingress and egress to and from the area in Which liquor is served, consumed or possessed must be effectively controlled by a fence, tent wall, building or other structure. Deleted:dire<:tlyin front of and : adjacent to i Deleted: o~ the lice~sed premises.lI 11 2..Personsmaybe served and may consume liquor only while seated at tables !nthe sidewalk area.lI 11 3. . Seating in the outside area shall be limited to 4 tables of 6 or fewer persons.lI 11 4. The licensee, hislher agents or employees shall supervise the activities or persons within. the outside liquor area for the purpose of eriforcing the state and local liquor laws and controlling ingress lUld egress to the .area.lI 11 3, The licensee, his/her agents or employees shall supervise the activities or persons within the outside liquor area for the purpose of enforcing the state and local liquor laws, and controlling ingress and egress to the area. 4, No live or recorded music may be played within the outside liquor area after 9:30 p.m., unless the source of the music and all speakers or amplifiers are enclosed within a tent having walls and a roof 5, The permitte4olltsideIiqll()r area sha!l.l1()tcalls~an ()lJstructiol1 ()f a public street, alley or sidewalk, unless specifically permitted by the CounciL ~ . 5. . Li?uof shall not b" served in the sidewalk. area after9:QQ p.l1).1I 11 6. . The permitted outside liquor area shall not cause an obstruction of a public street, alley or sidewalk, unless speCifically permitted l:>yth" Council.lI 11 . 7. . No live music shall be permitted in the sidewalk area. No recorded music shall be played after 9:30 p.m.lI 11 8. . The licensee shall repair any damage to public Property directly resulting from the activities, including but not liInited to damage. to pavement caused by tent stakes and supports.lI em 6. 71-16 CHAPTER VII - LIQUOR, BEER & WINE Section 71.12: SUSPENSION AND REVOCATION. The Council may either revoke or suspend for a.period not to exceed sixty (60) days, any liquor.licenseand/or assess a civil monetary fine of not more than One ThousandD6llars($1,OOO) upon a finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to intoxicating liquor. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minn. 8001.&15:0418 to 15.0426. Section7U3: BOTTLE CLUBS. Bottle Clubs as defined underM.s.A. 340A.I01 shall be prohibited within the City limits of St. Joseph. It shall be unlawful for any private club or for any business .esOOblishment without an authorized on sale liquor license, directly or indirectly, or upon any pretense or by any devise to allow the consumption or display of intoxicating liquor or the serving ofaIlY liquid for the purpose of mixing of intoxicating liquor. Section 71.14: PENALTY. A violation of this ordinance constitutes a misdemeanor, except any person violating Section 11, Subd.'s 2 or 4 ofthis Ordinance is guilty of a petty misdemeanor. Section 71.15 : LIMITATION OF ON SALE LIQUOR LICENSES. The number of on sale liquor licenses which may be issued under Section 2, Subdivision 2,ofthis Ordinance shall be limited to~!i~_l?!1:~~~:n n __ .__ _ _ _ _._.._ n n w..n n __ ___ u ___ n __ m_ m n __mn n _____ n m n _ m _ _:n n n _U _ _ __m_ __ _-----{ Deleted: four Section 71.16: LIMITATION OF EXCLUSlVEOFF...SALELICENSES. The number of exclusi;e off-sale liquor licenses (off-sale licenses not held and operated in conjunction with an on-sale license) which may be issued under Section 2, Subd. 2 of this Ordinance, shall be limited based upon the population of the City ofSt.Joseph, as follows: Population of City Exclusive Off-Sale Licenses Authorized o to 3,200 3,201 to 11,000 11,001 to15,OOO Over 15,000 1 3 4 5 The population of the City of St. Joseph shall be as established by the official census of the United States Department of Commerce or the official population estimates produced by the State Demographer's Office, whichever is most current. Updated 1/15/97 Updated 614003 Updated 7/2003 updated 9/2003 Updated 112005 Updated Section 71.8, Subd 3, Section 71.11, Subd. 3, on 3/2001 Section 71.11, Subd. 1 and 6 Section 71.09, Subd. I; Section 71.11, Subd. 3 Section 71.11, Subd. 7 Sectiol171.11, Subd. 21) 71-17 - ' ,. -. , ...'....' >= ..-. ", ... "~""="'" - " .,'. .. C.- .~,_~. ''''_',<'. ,^"., h ,. .' W: ", '.~' .~" l 'M.,' ' _~ _ ". .'.." '. . .,"'~. ',<e',""""_' .,,,",.,, .'~ on the licensed premises. 2. Persons may be served and may consume liquor only while seated at tables in the sidewalk area. 3. Seating in the outside area shall be limited to 4 tables of 6 or fewer persons. 4. The licensee, his/her agents or employees shall supervise the activities or persons within the outside liquor area for the purpose of enforcing the state and local liquor laws and controlling ingress and egress to the area. 5. Liquor shall not be served in the sidewalk area after 9:00 p.m. 6. The permitted outside liquor area shall not cause an obstruction of a public street, alley or sidewalk, unless specifically permitted by the Council. 7. No live music shall be permitted in the sidewalk area. No recorded music shall be played after 9:30 p.m. 8. The licensee shall repair any damage to public property directly resulting from the activities, including but not limited to damage to pavement caused by tent stakes and supports. CHAPTER VII-LIQUOR, BEER & WINE ORDINANCE 72 LICENSING AND REGULATION OF THE SALE AND CONSUMPTION OF .;? .2pER.CENTrvI.ALT'P~~p()R.:'::': .:.:. :"~':..':."~ '~U:':'~':'~.".~'" ',..,'.: ':.' :.~ '~'~'~..".:'.:.'~.':.' '.: .:. ~u...:..72.. .Ii Deleted: NON lNTOXICA TING Section 72.01: PROVISIONS OF STATE LAW ADOPTED.......................................... 72-1 Section .7;.02: LICENSE REqUIRED.................................................................................72."1 Section 72.i(il3: APPLICATIC>NS FOR LIOEN~E...........................u..............u................ 72...2 . Section 72;D4: LICENSE FEES ............... ............ .......... ........... .................. .... .................. 72.3 Section 72.05: GRANTING OF LICENSE ...................................................................... 72.3 Section 72.06: PERSONS ANl:)PLACES:INELIGIBLEFORLICENSE...................... 72.4 Section 72.07: CONDITIONS OF LICENSE .................................................................. 72-4 Section 72.08: CLOSING MOURS. ......... ..... ...... ......... ..........~...... ................................... .... 72~7 Section 72.09: PUBLIC CMARACTEROF.3..~?~RCB?~':J.'.~!j.:I:.I1~QI,J9.~. _.. _. _.. _ ..... ..jDeleted:lNTOXICATING --.J SALES ...... .......... '''''''' ........ ........................................ .... ........................... 72~7 Section 72.10: RESTRICTIONS ON PURCHASES AND CONSUMPTION ................72.8 Section 72.11: DANCING ................................................................................................72,.;8 Section 72.12: REVOCATION .......................u.....................u........................................ 72~8 Section 72.13: PENALTY ...................................:....................................u...................... 72~9 72-0 CHAPTER VII - LIQUOR~ BEER & WINE ORDINANCE 72 LICENSING AND REGULATION OF THE SALE AND CONSUMPTION OF ~_~2.. P1;:RCEN;T MAL T ~I~l!Q~ _ _ __ __ __ _ _ _ _ _ ~ _ _ _ ~_ ' ,- ,{ Deleted~ NON'INTOXICATING Section 72.01: PROVISIONS OF STATE LA W ADOPTED, The provisions of Minn. Stat. Ch. 34fi:A,relating to the sale, display ,and consUlTIJ:Jtion (lf3.2 percent malt ;liquor, are hereby adopted and made a part of this ordinance as if fully set out herein. Section 72.02: LICENSE REQUIRED. Subd. 1: No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise_, or keep or offer for sale,' any 3.2 percent malt UOUOl:" yvifhinthec.ity witl1()utfirs! l1<lving receive~al~cen~~ ~ l1eri::inafti::J: proy~de:cl m '" ,,' , ''' ,,{ Deleted: beer Licenses shall be of three kinds: (1) Retail "on-sale"; (2) Retail "off.sale"; (3) "Special Event". Subd.2: On Sale. Licenses shall be granted only to bona fide clubs, beer stores, drug stores, restaurants and hotels where food is prepared and served for consumption on the premises. "On Sale" licenses shall permit the sale of 3.2 percent malt liquOJ;.J()r.l?~l!.s~]J!i9!l_0!l_ _ __- - - Deleted: beer the premises only. Unless authorized to do so by license, all 3.2nercent malt liquor -loJQ ~'()I! _ _ __ _ ,- Deleted: non intoxicating malt liquor sale" shall be possessed and consumed inside the building where purchased "on sale". No person shall possess or consume any 3.2 percent malt liquor f>lltsicletl1~ lJ\lilcli!lg()rR!1n()!ls(lI~" ,,' -- ,- Deleted: non intoxicating malt liquor business if said 3.2 percent malt liouor .w.aspurcl:1a~~4 "on, ~*"~111e)ic,ens~e shaUIJe m ,,_ '" '" '" ," _,_ m __ ,,'" Deleted: non intoxicating malt liquor responsible for the enforcement ofthis provision, and permitting a person possessing 3.2 percent malt liquor,. purch(lsed "on sale 11 to leave ~he \.)uilding shalll?e a yiolationoftl1isQrdillallc~lJy,tl1~ ",- - -,{ Deleted: non intoxicating malt liquor licensee. Subd. 3: Off Sale. Licenses shall permit the sale of 3.2 percent malt liQllOl;.at retail, in the original package for consumption off the premises only. - - - - - -- - - -- - ,{ Deleted: beer Subd. 4: Special Event. Licenses shall permit the on-sale sale of 3.2 percent malt liquor for consumption on the premises only, for a specified continual twenty-four hour period expiring at I :00 a.m. The "special event" license shall be subject to the general terms and conditions of this ordinance, unless clearly inapplicable, with the following additions and/or changes: a) A "special event" license shall be issued only to organizations or entities which qualify as a non-taxable organization as defined by Sec. 50 I (c) (3-8) ofthe Internal Revenue Code. b) Application for the "special event" license shall be submitted at least thirty days prior to the date of applicability. The City Council may waive the 30 day deadline, but if doing so, shall charge a late fee not to exceed $250.00. 72-1 CHAPTER VII - LIQUOR, BEER & WINE c) Proof afliabiljty insurallce as re~uired l>Y. this ardinance shalLbe deliverc::dta the City Clerk! AdministrateI'. prior to. issuallc.e of the license. d) The maximum number of"specialevertt" licenses which may beiss~edto an entity 0.1' organization. in a single calendar year is three. e) The permit fee far a 'Ispecialevent" license shall be $lQJIO far a t;wel1ty"fout; hour periad. Subd.,5; .AnY persan issued. .al}'km~salen3.2petcentmaltliQu?rJ!p~~~i.BlI!~~liJP.t,~qi' Section 7.2.2, SuM. 2, ofthisOrdil1allc~,m~yalsOfl~gf,l.g~,inthe salf.>,ofintoxii;:atiIlgmaIHiquor at an-sale without an additionallicens~ ifthe li.cf.>,nseemeets the f()l1()wiqgcol1dition~; a) The licensee alSo. halds a wine license issued pursuant to. Section 73,02, et seq. of this Cade. b) The gross receipts of the licensee's operation are at Ie ,~1:!t!~.!1~l~ !<? the sale of food. The licensee shall provide the City .icensee's financial records upon reasonable request far #Ie p.Urpose oJ establishmg the source of gross receipts. c) The licensee mawtains ill effect the liability. insurallce required undflr Section 71.03, Subd. 3. d) The licensee shall pay a license surcharge.in addition t(). tl1~ lic~l1seJ:~:~~r.PI.1t::~~1~ 3.2 percent malt liquar established by Sectian 72.04 and an-sale wine established by Sectian 73,04,in the.'llrnl)t.ll!t.cf~:xx,-"OO~ "' ..' ., Subd. 6: A restaurant clul>ibowliqf?;all€lY' Qr hotelwhichhol<is:.allall"sale orsl'~ial events license may sell 3.2 percent malt liquor far ccnsumption cn the premises in canjunctian with the sale offoad after the haul' af 10:00 a.m. on Sundays. An establishment serving 3.2 percent malt liquor an Sundliysmustobtain a Sundlty license. Any l:lstablish1l1entl"equestillgl\ Sunday license must shaw thatth~)'at€lin canfOJ'llillll1be: .withtheMinl1es;otaOle:an,AirAct, A license may be issued by the governillgboqYQftl1e llluniqipa1ityandafeeases:ta:~1ish:edpy resalutian af the City Councill1J.~y ~e.cl:lll.l;g:ed, .'Jl1qllnQ~vemsMll said feeexceedt~l:lsl,lm pf $5.00 for a special event license 0.1' $25.00 for the an-sale license unless atherwise prohibited by State law. Section 72.03: APPLICA nONS FOR LICENSE :l Deleted: noninloxicatipgliquor ---l IDele~:Jq .. .... {Deleted: in an amount that when added ) Deleted:1~ua1s 50 percent of the annnal on-slue intoxicating liquor license feeesta.blishedPursuantto Section 71.04 Subd. I: Every application far a license to sel13..2percent malt Jiquo.t;,:5l.1!l11 Jl~J1!l!d_e_qn~l! ~.. ...( Deleted: beer farm supplied by the City and shall state the name of the applicant, his ar her lige:, representations as to his or her character with such references as may be required, his or her citizenship, whether the application is for "on-sale", "aff"sale", 0.1' "special event", the business in wlUu;;divIl with which lh~plUpused license will aperate 72-2 CHAPTER VII - LIQUOR, BEER& WINE and its location, whether applicant is ownet arid Qpera:tor of'the husiness,' how Ic)],l~h~'orshehas heen in that business at that place, and snch other information as the Council may require from time to time. It shall be unlawful to make ant false statement in an application. Applications shall be filed with the City Clerk/Administrator. ' . Subd. 2: On an initial application for "3.2 percent lIlalt liquor" license and onapplication for transfer of an existing "3.2 percentmaltliquor" license,'theapp1icant shan pay with his application an investigation fee of not to exceed Five Hundred Dollars ($500.00) and the city shallconductapreliminary backgr?undand financial investigation of~ellPplican1. The .' "1 Deleted: is application in.iuc~ca~e sl1!iJlb.,e:~qe. ~l! ~ fl\)I'Ilrp!~S9~1?e.4 b.Y~I1~s~te.b.,~!e.a~(jf.~ti~i~1!t .... m .. apprehension and with such additionalinform~tion 'asthe council may-require. '. If the council deems it in the public interest to have an investigation made Dna particular application for renewal of !\.: "3.2 percent rl1~lt liCjuo!.:' !i~e.l!s~li~~~l!l!~~ ~e.t~r:n}i.!1~7 JI,!!l~Y ~~s_et !(t!Ie.~<:>l!l!ciL _ _' ..' Deleted: an determines that a comprehensivebackgroundandfinancialinvestigation ofthe applicant is .. ", Deleted: intoxicating liquor necessary, it may conduct the investigation itself or contract with the bureau of criminal investigationforthe investigati~n. 1;lolicense shall be}s~ued, transf~rred"or_renewedifthe results show-toihe satisfaction of the c(),uncilth~tissuancewouldnot be in,tlfitpublic interest. , If an investigation outside the state is required, theapplic~ntshall be charged t~e cost not to exceed Two Thousand Dollars ($2,000.00) and shall be paid by the applicant after deducting aIlyiriitia1 investigl,\tion fee already paid. The fee shaII be payable by the applicant whether or notthe license is granted. The City Council may waive the investigation and investigation fee for applicants which are organizations of entities tl1athave been in existence and operation in the City of S1. Jost::ph for the five years preceding the application. Section. 7:2.04: LICENSE FEES. Subd..l:< Each application for a license shall be accompanied bya receiptfrClm. 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 City. Upon rejection ofanyapplication for a: license, the Treasl.1rer shall refund the amount paid. Subd.2: All licenses shall expire on thelastdayof Deceniber in each year. Each license shall be issued for a period of one year, except thAt ifll'portion afthelicenseyear has elapsed when the application is made,_ a Iicenserp:aYbe is~ued fOf.the r7mainder orfueyear far a pro rata fee. In computing such fee, any hnexpired fractionofa month shall be counted aBone month. Subd.3: The annual fee shall be determined by the City Council from time to time. ------------------------_.~ ..1 Formatted: Underline Section 72.05: .GRA}',ffP"IGQl'P~~N~~:.. m _ _____ suM. 1: The City Council shall investigate all facts s.etaut in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing the City Council shall grant or refuse the application in its discretion. 72-3 CHAPTER VII - LIQUOR, BEER & WINE Slibd. 2: Each license shall be issued to the liPplicant only and shall not be transferable to another holdet. Each license shaUj,~issu~~otJ,Jyforth~prel11isesdescrib\;\din"the liPplica.tion. No license may be transferred to another plat:e without the approval of the City Council. Section 72.06: PERSONS AND PLACES ,INELIGIBLE FOR LICENSE. . No license shall be granted to any person who is ineligible fur a license underthe provisions of Minn. Stat. 340. No license shall be issued for any,place,or.aI}y business ineligible for said license under Minn. Stat. Ch. 340. . Section 72.07: CONDITIONS OFtICENSE. SuM. I:. Every license. shall . be. granted supject tot4e. conditions in the following subdivisions anli all provisi()nsoffb.jsQriiinance..~4}.aJ:lyother <:tpplicable Qr!iinance.QftlIe C\W of State law. . Subd.2: Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety and order inlt. SuM. 3: No sale of 3.2 percentmalt liq.t;lOr~P!t~.l.b. ;,~.A1!14.;f1JP., ..fH1rp1:}~. 9h1:!?r:~~~t" '. .. ..... . ,.... '.'-- -' ", .....-... . .{ Delllted: nOn intoxicating malt liquor SuM. 4: No license shall se1l3.2percentnuiltJiQuo~.~lji!~.ljql~iqg~~r.:e~!~.i!}11~il1,lh~ ~ ,,",..[Deleted: beer licensed premises a Federal Retail Liquor Dealer's Special Tax Stamp Unle.ss. he.is licensed under the Laws of Minnesota to sell intoxicating liquors. Suhd. 5: Any peace officer,.hea.lth'offic,er.()ranyproperlydesi~ate4off1.cer Or employee ofthe City shall have the unqUalified rightW.enter, .iIl.SPtl(;t~ andsearcht4epr~mises of the licensee during business hours, and within one and one half hours after the close of business hours, without a warrant. Subd. 6: Liability Insurance. Prior to the issuance of an "on sale" or "off sal~n 3.2 percent malt liquorJic~!1~eJJlje_ ~PJ'liP!l!!t~~~t4.e!l!.~n~!,rtlt~1'}"92:t q(f1l!a.p.F!a}4~sjJ9!l~iPUi~ ~th~ .' .' .{ Dele~: non intoxicating malt liquor regard to liability imposed by Minn. Stat. ~340A409 with .the COtnmissionerofPu'!,Uc.Safe1Y and the City Clerk/Administrator of St. Joseph as a condition ofthe issllance or..r~Il.ewlil of his license. ThiS. subdivision does not ~ppl)'t()~I)IQers of :'on $al~" ot"offsale" 3.2 oercetltmitli liquo~lic~!1~e~\yi!h. s~ltls. c{ 1~~sJh~re!1:r~911~~d.pql!lp"~ ($.1.O~QQQ)0f}.~p~r~~l!t111:#t!iQu()~ .... [)eletll4:I1on intoxicat~g malt liquor ,p~ry'e~. _ Tq gll~l!fyJ9[ !hi~ l:l~~ep!i9!l !i!e_lj~ep.~tle_l!l.!1~tE.r9Ytd~_t() ft!~ 9ity ,GJl:lr~~~!nj~t!'a..t()t:. ,.... DeietllCl: non intoxicating malt liquor a written and sworn affidavit that sales for the precedin~ year were less than Tell.ThousanQ Dollars ($10,000) per year for 3.2 percent malt li(Juo~ J!l_~~tti9!l! !h~ J!.c~!l~~eJ!lll~tJll'gyi~~!q _ "' ..' . -{ DeI~llCI: nonintoxicating malt liquor the City Clerk! Administrator records which clearly show that sales for the preceding )'ear were less than Ten Thousand Dollars ($10,000) for 3.2oercent malt liquo~ Th_e}:;;i!y- _ _..c. ~ _ ~ _.~ _ _ _ _ _ _.' .{ Delllted: non intoxicating malt liquor Clerk/Administrator may request any additional financial records to verify this infonnation. Proof of compliance with Minn. Stat. ~340A.409 may be given by filing: 72-4 CHAPTER VII - LIQUOR, BEER & WINE a) A certificate that there is inl:iffect an insutanc<:p~licy or pool p,rovidi:ngthe following minimum coverages: 1. Fifty ThollsandJ)ollat"s($5{},l)09)bec~useofboditril1jlln'toanYone . person in any<one OCCurrence, and, sllpjectto the limitforone person; in the amount of One Hunared Thousand Dollars t$lOO,OOO) because of bodily injury to two or more persons in anyone occurrence, and in the amount ofTen Thousand Dollars ($10,000) because of injury to or destruction of property of others in anyone occurrence. 2. Fifty Thousand])ollars($5();OOO)f6~ loss ofIneansof s~port ohAyone person in any one occurrence, and, sul5Jectto 'the timit for one person, One Hundred Thousand Dollars ($100,000) for loss of means of support of two or more persons in any one occurrenCe; or b) A bond of a surety .company with minimum coverages as provided in clause al, or c) A certificate of the State Treasllrefthatthe licensee has depoSited wifh him()ne H.undred Thollsandl)ollars ($1 DOrOOO) in cash or securities which may legally be purchased by savings hacks orforti'llstfunds ha.ving a market value of One Hundred Thousand Dollars ($100,000). The liability insurance policy required by this subdivision shall provide that itInay not be cancelled for any c.ause, ejt~erby theins1.U'edorthe. insurance cOI?Pa.ny ~ith~~t first . giving ten days noticetotheCityinwritin9ofintentiontocancel it, addressed to the City Clerk:lAdministrator ofthe City of St. Joseph. The operation of an "offsale" or "on sale" business without having on file at all tiInes with the City Clerk:lAdministratorthe liability insurance policy herein referred to shall be groUI'ldsfor immediate revocation of the license. Lapse of insurance or other evidence of financial responsibilitywilI trigger.an automatic revocation of the license. Notice of cancellation of a current liqlIorliability irtsurancep6licy shall also serve as notice to the license of the impending revocation and that unless evidence of comt>liance with the financial responsibility re~l!ireIl1epti~ l'resentedto tbeCityCI~rklAdInipi~trator pefore the tert11ill~tion is effective,tbe llcellsewill be reyok:e,d instantlYlJp6il the-lapse of insur,ance or other financialreljponsibility. Subd. 7:.. .l'-l"uditv and SexualCoridllct Prohibited. The followinl;?:acts or conduct on Iicensedpremises are strictlvprohibited:. . a:) To employ or use any person inthe sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing so as to expose or to view any portion of the female breast below the top ofthe areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals. 72-5 CHAPTER VII - LIQUOR, BEER & WINE b) :, .-',-",' :.: ,'.- .,'."',,:-.,';::-."'-: "~",.' ',"> To employ or use services of any host or hostess while such host or hostess is unclothed or in such ,attire., costume or clothirlg.as described inSubd. 1. above. To employ or use any dancers, musid~s, or other performers nr'entedain~rs, who are unclothed or in such attire, costume or clothing as described"iIi Subd. 1. above. To directly or indirectjy sPo~s9r:any contests which may foreseeably cause, result in or lead to th~ occurrence of the acts or il1cidenl$ described in. .Subd.6. below. To encourage or permit any person on the licensed premises to touch, caress or .' fondle breasts, buttocks,anusorgenita:Jsof any empl<'!yee, ofthe licensee or any performers or entettairiers who are employed or whose services are ils.ed by tln~ licensee. . . . .' c) d) e) t) W\lpermit an~petsori topetform acts of or acts whibh simulate: 1. With or upon another person sexual intercourse, sodomy, oralp;Qp\flation, flagellation or any sexual act which is prohibited by law. 2. Masturbation Ot bestialjty. 3. With or ~ponIlnOtlIe):' persollthetouchirl~,caressillg l)rfondling of the buttocks, anus,gellitiils Qr fel11ale breasts. .' , ',-' 4. The displaying of the pubic hair, anus, Vliiva, genitals or female breasts below the top of the areola. g) ;Ti:>permit any person to USe ariificialdevices orinanimate 6bJeqts to depict any of the prohibited activities described above, h) To permit any person to remain in or upon the licensed premises, or any area owned or contr()l~dll~.the licensee whiCh is viewablefrClmupontheli~llsed premises, who eXj:>~se~.~QPlfbI~""iiew~llY J).ottIon qfhis or her ge);}itals or~~lls, i) permit the showili~Clf~.llD' still . pictlir~s, electronic tepJ:'Oductiop., or Qtqer visual reproduction depicting: 1. Acts 0):' sil11J.iIat~d acts of stlxual intercourse, masturbation, so'Omn,y, bestiality,Ol1lil.c.opulation. flagellation, or any sexual act which is prohibited by law. 2. Any person be.ing touched, caressed or fondled on the breast, buttocks, anus, or genitals. 72-6 CHAPTER VII - LIQUOR/BEER &WlNE 3. Scenes wherein. a person displl!Ys the vulv~, the anus or the genitals. 4. Scenes whereinamficial de'vieesorinanimate objects areempl<>yed to depict, ordrawi'1gsare~m,fll<>yedtoportrl!Y, ~y of the prohi~ited activities describedberein. ' j) A violation of any portion ofthis section shall be punishable as a misdemeanor. Both the licen$ee and thepersoll(s) a.ctual!yellsagipg in any <>fthe prohibited acts shall be criminallyliable'!\Py~io~ati?n ()ft~issections~all also constitute grounds for revocation or suspensionofthe'liccruiee's license, in accordance with the rules and procedures otherWise established hy this ordinance and state law. Section 72.08: CLOSING HOURS. "Formatted: Underline 'Formatted: No underline Formatted: No underline Formatted: No underline , Formatted: 'No underline Formatted: No underline Subd. 8: Al1rnlal.M~etin~witl{P6licechieffi.~e9iilre~'BO!ht?e'liC~nseea11da(l~a.Stone_ _' - ' ofl~e mapager~,.#!atjs ~CSp~)flsj~lefot:conduptirig!~elicen~ee'!1.bilsinf?ss_atwhich 1iquori~so1d _ _ ' --.. must attend Ii meeting with the Citv'sPoliceChiefonccpcr vear todiscuss~thetoQics of liquor '_ _ ';," ~ license rules and their enforcement. The date. time and location of the meeting will be setbv the - Police Chief Subd. 1: No sale of 3.2 percent malt liquor shall be made be made between 1 a.m. and 8 a.m. on the days of Monday through Saturday, nor between I a.m. and noon oriSunday. Subd. 2: No sale or delivery of 3:2"er6etltmalflial1of~!1~~~K~r!lpy,_0~~~r.c,(},n!a,i~~r, ' .f Deleted: non intoxicating malt liquor having a capacity greater than one gallon shall be made at allY tim:ewhenthe offsale of intoxicating liquor shall be prohibited ~r State Law or Ordinance 71 of this Code, Subd. 3: All persons, except the licensee, his or her bona fide employees, and law enforcing officers, shall be exclude? from the premises \Vithin 30 minutes after the expiration of the time of any day when 3.2 percent malt ria oar J1!lD'_i!e)_eg~l!y ~l?l~ ~t~~~i_n~:~i~-Pr~v!~~I! _ _ _ _,-- o[ Deleted: non intoxicating malt liquor shall not apply to licensees operating bona fide restaurants under license by the State of Minnesota. It shall be unlawful to pc:rrtlit'tl1ee.~IlsUI11PtioIl()l' aispl~yit1g 6I3.~~er:~~tm~ltliQuor&.." " "" ----I Deleted: non intoxicating malt liquors later than 30 minutes after sales must terminate. It shall be conclusively presumed that any 3 .2 percent malt I iquo~r~I11ainin.g ~n..ll__~.fI!,)n.i~b:(}o!4" _(}I',(}!1a",t~?!.e}-TIl).r,~J~~. ~Q ,l:lI}~':lt~~ ~ft~r_., " ' _ .' ", -[ Deleted: non intoxicating malt liquor' closing time shall be for the purpose of cOllsuming thesam-e in violation of this Section. Section 72.09: PUBLIC CHAIMCTER OF~;2._ p~!{.GEN:I~IqQl!OI3:-.~~ES. _ ~.,-[ Deleted: INTOXICATING J The windows in the front of any place licensed for"on sales'" shall be of clear glassl!ndthe view of the whole interior shall be unobstnicted by screens, curtains, or partitions. There shall be no partitions, box, stall, screen, curtain or other devise whiCh shall obstruct a view from any -part Of the room from the general observation of persons in the room" excC:Jlt that partitions, subdivision, or panel not higher than 60 inches, from the floor may be maintained. Any licensed -prem,ises must have at least one window of not less than one and one halffoot by two feet in front Placed 72-7 CHAPTER VII - LIQUOR",BEER~ WINE at eye level height of an averfj,ge sizeIi Person. NoPlfj,peliceltse.Ii for "011 s~le" shal.1 \1e .eq\liPPed with swinging doors. Section 72.10: RESTiUCTIONS ON PuRCHASES AND CONSUMPTION. Subd. 1: No minot shall misre,p~esell.t his, or her~ge. tor the J?4fl)(jseQfo.btaining J.2 percent malt liquol; !.1<:>r.:~li!l!l_~~_~rc~~~.~E!eJ ~E~l're~~~~s"",lieep~~qi~qeJ_~~~.Rrftin.-ll!19~!n.- otd~r to procure such 'beverages, or to consumePr,aWf(l~~,or~ttelllPtt9,pll.fcha~~J:lrp:rocl\l"eiorto have another purchase or procure for him or her. such beverages on licensed premises. { Deleted: lion intoxicatiJ1g malt liquor] Subd.2: No person shall induce a minot to purchase or procure 3.2 percent malt liquol;t _ ~ .... -{ Del.eted: nonil1toxicating malt liquor Subd.3: No person, other than the parent or legal guatdiatl of a minor shall give to, procure, or purchase any 3.2 percent malt liauor,[oraJ,lY!1!iIl()l' ()r 30ny ()tl.1er per~()n to\Vh()lllt~e" .' ....Deletl!d: non inti>"icating malt liquor sale of3.2 percent malt liauorjsf.o~l:li~~e~ ~y .la.-'Y.' - Deleted: non intoxicating malt liquor Subd. 4: No. minor shall have 3.2 percent malt liquor..in..hi~ 91' h~r.,p()~~€?s~i~Il_'Yi!1! !I!tel!t., " " to consume it, exc.ept that possession in the abode ofthe parent or guardian for consumption in the household of the parents or legal guardian of the minor shall not be prohibited. f Deletl!d: non intoxicating malt liquor Stibd.5: No person shall consume or display any intoxicating liquor on the premises of any licensee who is not also licensed to sell intoxicating liquors. Subd. 6: Restrictions regarding the public consumption, display and sale of liquor, as provided in Ordinance 71, Section 11, Subd. 2, of the St. Joseph Code of Ordinances shall apply in the same manner to. 3.2 percent maltliqUOl;'_8J1~~ tl-1e p~l!alties,pr9y~d~~ Jgr a.-, yi()l'!t~9.n_ Q(. .. ' Deletl!d: non intoxicating malt liquor Ordinance 71.11.2 shall be fully applicable for a vio.lation relating to 3.2 oercentmalt liquo.~ _ _ . .. - Deleted: non intoxicating malt liquor Subd. 7: No person shall refuse to. sho.w proper identificatio.n to. the bartender o.r police o.fficer when requested to. do so. Refusal to. do so. shall be a violatio.n o.f this Ordinance ifthe perso.n is then in an establishment licensed to. sell 3.2 percent malt liqUo.lf ..' ,"~Ieted: non intoxicating malt liquor) Subd.8: No person under the age of21 years shall co.nsume any 3.2 percent malt liquor, unless the 3.2 percent malt liquo.r is co.nsumed in the ho.usehold of said persons parent or guardian and with the consent o.fthe parent or guardian. Section 72.11: DANCING. No dancing shall be permitted from I :00 a.m. until noo.n o.f any day in premises licensed to sell 3.2 percent malt liquOl~_ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _' .' .{ Deleted: non intoxicating malt liquor Sectio.n 72.12: REVOCATION. The vio.lation of any ordinance or co.nditio.n o.fthis ordinance by a 3.2 percent malt Iiauor,.license~ o.r 4isorher ~l:Il!,shllll,~~~{)unds,for " m revo.catio.n or suspension o.f the license or assessment of a civil monetary penalty no.t to exceed 'f Deleted: non intoxicating malt liquor 72-8 CHAPTER VII - LIQUOR, BEER'& WINE One Thousand D(>l1ars ($l,OO()). Itshall not be necessary that the violations he proven in it Court of Law. The Council may revoke the license even if a conviction is not obtained in a Court of Law. The license of any person who holds a Federal Retail Liquor Dealer's' Special tax stamp without a license to sell intoxicating liquors at such places shallbe revoked without notice and without hearing. In all other cases; the license granted under this ordinance may be revoked or suspended by the Council after written notice to the licensee and a public hearing. The notice shall give at leasuen day's notice of the tixn~ anclplace of the hearingancl shall state th~ nature of the charges against the licensee. Seotion 72.13 : PENALTY. Any person V'i()lafi,ngan~proV'isionofthisordinance inc:luding the provisions of Minn. Stat. Ch. 340A'vvhichhavebeenaQqpt~d by reference, shall be guilty of a misdemeanor unless a lesser penalw isspepificallyprovidedherein. Updated 2124198 Updated 712003 Updated 712003 Updateel 9103 ~2!O6 Section 72.2, Subel. 5 Section n.08, Subd. 1 Ordinance n 72.10, Sube\. 8 . Qidimuw.l! 72 72-9 CHAPTER VII - LIQUOR, BEER & WINE ORDINANCE 73 LICENSING AND REGULATION OF THE SALE AND CONSUMPTION OF WINE .... ......... ..................... ... ............. ..... ............. ............ ... ... ... ... ....... .... .........73..1 Section 73.Ql: PROVISIONS OF STATELAW ADOPTED ........................................73~1 Section 73.02: WINE LICENSES................................................................................... 73-1 Section 73.03: APPLICATION FOR LICENSE ...............................;............................73..1 ~:~:~~: ;~:~.~~ ~~~~~~Z~CENSES.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;~=~::::::.::~~~~~~":""=:',,=':,,,,:=~,=:::.,,:,,::~.,:,,,,] Section 73.06: PERSONS INELIGIBLE FOR LICENSE..... .......... ........... ................... .73~3L"" {D;;;i;;f~: .73:;....................................] ~:~:~~: ;~:~;~ ~~~;~~I~;;~:i~~l~~ ~.~~~~.~.~:::::::::::::::::::::::::::::.::::::::::::::::.::.:.:.;~:~~'.::..:::{~~~:~g:::::.::::::.~:::::::::::::::::::::,,::',,'::l Section 73 09' SUSPENS10N AND REVOCATION . . . 73' (i." L....,."....~"".~".....,"".~",..~_......"........, ~::~: ;~::~; ~:;:,~o.~~~~~::::::::::::::::::::::::::::::::::::::~:::::::~::::::::::::::::::;~~:,:':'~~~ "lDeletect: 73-6 J 73-0 CHAPTER VII - LIQUOR, BEER & WINE ORDINANCE 73 LICENSING AND REGULATION OF THE SALE AND CONSUMPTION OF WINE Section..73.01: PROVISIONS OF STATE LAW ADOPTED. The provisions of Minn. Stat. Ch. 340A;relating to the definition of terms, licensing, consumption, sales, conditions of bonds of licensees, hours of sale, and all other matters pertaining to the retaiLsale, distribution, and consumption of intoxicating liquor insofar as they are applicable to wine licenses authorizing the sale of wine no exceeding 14 percent alcohol by volume for consumption on the licensed premises only; in conjunction with the sale of food, are adopted and made a part ofthis ordinance as if set out in full. Section 73.02: WINE LICENSES. No person, except a wholesaler or manufacturer to the extent authorized under state license, and licensee authorized under the intoxicating liquor ordinance ofthe City of St. Joseph, including bona fide clubs, shall directly or indirectly deal in, sell, or keep for sale in the City any wine not exceeding fifteen percent (15%) alcohol by volume without an on sale wine license. An on sale wine license authorizes the sale of wine not exceeding fifteen percent (15%) alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale offood. An on sale wine license may be issued only to a restaurant having facilities for seating not fewer than 25 guests at one time. For the purpose of this ordinance, a restaurant means an establishment under the control of a single proprietor or manager, having appropriate facilities for serving meals, and where, in consideration of payment therefor, meals are regularly served at tables to the general public, and which employees an adequate staff to provide the usual and suitable service to its guests. Section 73.03: APPLICATION FOR LICENSE. Subd. 1: Form. Every application for on sale wine license shall state the name of the applicant, his age, representations as to his character, with such references as the council may require, his citizenship, the restaurant in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the restaurant, how long he has been in the restaurant business at that place, and such other information as the council may require from time to time. In addition to containing such information, the application shall be in the form prescribed by the liquor control director and shall be verified and filed with the City Clerk/Administrator. No person shall make a false statement in an application. Subd.2: Bond. (Repealed in 1991) Subd. 3: Liability Insurance. Prior to the issuance of a wine license, the applicant must demonstrate proof of financial responsibility with regard to liability imposed by Minn. Stat. ~340A.409 with the Commissioner of Public Safety and the City Clerk/Administrator of St. Joseph as a condition of the issuance or renewal of his license. 73-1 CHAPTER VII ~ LIQUOR, BEER& WINE This subdivision does not appJy to holders of "on sale" winelicensesund~rlY.firm,Stat. g340.11, Subd. 20, with sales ofless than Ten Thou.sandpollars ($lO,OOO)of,\\,ineper)'ear. To qualify for this exception the licensee must provide to the City Clerk/Administrator a .written and sworn affidavit that sales for the precediQgyear were less than Ten Thousand Dollars ($10,000) for wine and that sales for the current year will be less than Ten ThousandI)~llarsX$1 gpOq) per year for wine. In addition, the licenseernllstprovidetothe Cityqlerk/AdmiIlistrat()rrecord~ which clearly show that sales for the preceding year were IessthanTen Thousand Dollars ($10,000) for wine. The City Clerk/Administrator may request any additional financial records to verify this information. Proof of compliance with g340A,409 may be given by filing: a) A certificate that there is in effect an insurance policy Or pool providing the following minimum coverages: 1. Fifty Thousand Dollars ($50,000) because of bodily injury to anyone person in anyone occurrence, and, subject to the limit for .one person, in the amount of One Hundred Thousand Dollars ($100,000) because of bodily injury to two or more persons in anyone occurrence, and because of injury to or destruction of property of others in anyone occurrence. 2. Fifty Thousand pollars .($50,OQO) for lossoflllean~ .of support of any one person inat).y oneoccurrence'.and,.subj~tttot~e.limit for one person, One Hundred Thousand Dollars ($100,000) for loss ofmeat).s of suppot't of two or more. persons in anyone occurrence; or b) A bond of a surety company with minimum coverages as provided in clause a), or c) A certificate of the State Treasurer that the licensee has deposited with him One Hundred Thousand Dollars ($100,000) in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of One Hundred Thousalld Dollars ($100,000). The liability insurance policyre'1I1iredbythis subdivision shall pr()vid~that itQ1aYll()t b~ cancelled for any cause, either by the insured or the insurance company without first giving ten days notice to the City in writing of intention to cancel it, addressed to the City Clerk/Administrator of the City ofSt. Joseph. The operation of an "off sale" oruon sale" business without having on file at all times with the City Clerk/Administrator the liability insurance policy herein referred to shall be grounds for immediate revocation ofthe license. Lapse of insurance or other evidence of financial responsibility will trigger an automatic revocation of the license. Noticeof cancellation of a current liquor liability insurance policy shall also serve as notice to the 73-2 CHAPTER VII - LIQUOR, BEER & WINE licensee of the impending revocation and that unless evidence of compliance with the financial responsibility requirement ispresentedtothe City Clerk/Administrator before the termination is effective, the licensewill be revoked instantly upon the lapse of insurance of other financial responsibility. Subd.4: ApprovalofSecuritv. Thesecurity offered under Subdivision 3 shall be approved by the City Council and the state liquor control director. Surety bonds and liability insurance policies shall be approved as to form by the City Attorney. Operation ofa.licensed business without having on file with the City at all times effective security as required in Subdivision 3 is a cause for revocation of the license. Section 73.04: LICENSE FEES. Subd. I: Amount. The annual fee for a wine license will be established by the City Council from year to year. Subd. 2: Payment. Each ap~licationfor a wine license shall be accom~anied by a receipt from the City Treasurer for payment infull of the license fee, All fees shall be paid into the general fund. If an application for a license is rejected, the treasurer shall refund the amount paid. Subd. 3: Term. Each license shall be issued for a period of one year except that if the application is made during the license year, a license may be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being counted as a full month. Every license shall expire on the last day of June of each year. Subd. 4: Refunds. No refund of any fee shall be made except as authorized by statute. Section 73.05: GRANTING LICENSES. Subd. 1: Investigation and Issuance. The City Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the council shall, in its discretion, grant or refuse the application. . No wine license sh~ll become effective until it, together with the security furnished by the applicant, has been approved by the state liquor control director. Subd. 2: Person and Premises Licensed: Tratlsfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without City Council approval. AllY transfer of stock of a corporate licensee is deemed a transfer of the license and a transfer of stock without pri9r council approval is a ground for revocation of the license. Section 73.06: PERSONS INELIGIBLE FOR LICENSE. No wine license shall be granted to any person made ineligible for such a license by state law. ~~'?!!~l!}~_._Q!:J)1~~g_~__m_------ INELIGIBLE FOR LICENSE. 73-3 Deleted: No license shall be issued to an individual who is not a resident of the City, or in the event, of a corporation, whose principal stockholders are not residents of the City.ll CHAPTER VII - LIQUOR, BEER & WINE Subd. 1: General Prohibition. No wine lic<ense shall be issued for any restaurant ineligible for such a license under state law. Subd.2: Time in Business. No license shall be issued to any restaurant until it has been in operation continuously for afleast 2 years. Subd. 3: Delinquent Taxes and Charges. No license shall be granted. for operation on any premises on which taxes, assessment, or other financial claims of the City are delinquent and unpaid. Section 73.08: CONDITIONS OF LICENSE. Subd. 1: In GeneraL Every license is subjectto the conditions of the following subdivisions and all other provisions of this .ordinance and of any other applicable ordinance, state law or regulation. Subd.2: Licensee's Responsibility... Eyery.Vcense~isr~spo~~i~l~forth<ec?l1dllctofhis place of business and the conditions of sobriety. and ()rderin.it'..'I'he~(:t<lfl1l1~emp19~ee on the licensed premises authorized to sell wine "onsale"there i~ de<eJ;l1edthea,st ofth<e licensee.as well, and the licensee shall be liable to all penalties provided by this ordinance and the law equally' with the employee. Subd.3: Inspections. Every licensee shall allow any peace officers, health officer, or properly designated officer oremplgye.e ofthe City to enter1 inspect'l1l1cl search the premises of the licensee during business hours and for oneand.on<ehalf(12) hours after closing time as prescribed by law, without a warrant. . Subd. 4: Displav during Prohibited Hours. No licensee shall display wine to the public during hours when the sale of wine is prohibited. Subd.5: Federal Stamps. No licensee shall possess a federal wholesale liquor dealers special tax stamp or a federal gambling stamp.. Subd. 6: Hours of Operation. No sale of wine shall be made at any time when the sale of intoxicating liquor shall be prol1i~it~cl by state l'iwOfl1l1yordinanc:e by the City ofSt. J9s.eph, I, shall be unlawful to.permit the consumption or displayin~ of wines latertl1an~Hl1linute~.after sales must terminate. It shall be conclusively presumed that any wine remaining on a table or in a booth shall be for the purpose of consuming the same in violation of this section. If the licensee is operating any other lawful business in the building for which the license is granted, no wine shall be served or permitted to be consumed on the premises when such other business is conducted during the time when the sale of wine is prohibited as aforesaid. Subd. 7: Nudity and Sexual Conduct Prohibited. 73-4 CHAPTER VII ~ LIQUOR, BEER & WINE a) To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing so .as to expose orto view any portion of the female breast below the top ofthe areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals. b) To employ or use services of any host or hostess while such host or hostess' is unclothed or in such attire, costume or clothing as described in Subd. 1. above. c) To employ or use any dancers, musicians, or other performers or entertainers, who are unclothed or in such attire, costume or clothing as described in Subd. 1. above. d) To directly or indirectly sponsor any contests which may foreseeably cause, result in or lead to the occurrence of the acts or incidents described in Subd. 6. below. e) To encourage or permit any person on the licensed premises to touch,caress or fondle breasts, buttocks, anus or genitals of any employee ofthelicensee or any performers or entertainers who are employed or whose services are used by the licensee. f) To permit any person to perform acts of or acts which simulate: 1. With or upon another person sexual intercourse, sodom)', oral copulation, flagellation or' any sexual act which is prohibited by law. 2. Masturbation or bestiality. 3. With or upon another person the touching, caressing or fondling of the buttocks, anus, genitals or female breasts. 4. The displaying of the pubic hair, anus, vulva, genitals or female breasts below the top ofthe areola. g) To permit any person t9 use artifie;ial de,vices or inanimate objects to depict any of the prohibited activities described above. h) To permit any person to remain in or upon the licensed premises, or any area owned or controlled by the licensee which is viewable from Qpon the licensed premises, who exposes to public view any portion of his or her genitals or anus. i) To permit the showing of film, still pictures, electronic reproduction, or other visual reproduction depicting: 73-5 CHAPTER VII - LIQUOR, BEER & WINE 1. Acts or simulated acts of sexual intercourse, masturbation, sodomy,. bestiality, oral copulation, flagellation, or any sexual act which is prohibited by law. 2. Any person being touched, caressed or fondled on the breast, buttocks, anus, or genitals. 3. Scenes wherein a person displays the vulva, the anus or the genitals. 4. Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described herein. j) A violation of any portion of this section shall be punishable as a misdemeanor. Both the licensee and the person(s) actually engaging in any of the prohibited acts shall be criminally liable. Any violation of this section shall also constitute grounds for revocation or suspension ofthe licensee's license, in accordance with the rules and procedures otherwise established by this ordinance and state law. Section 73.09: SUSPENSION AND REVOCATION. The Council may either revoke or suspend for not to exceed 60 days, any on sale wine license, or assess a monetary penalty not to exceed One Thousand Dollars ($1,000) upon a finding that the licensee has failed to comply with any applicable statute, regulation or ordinance relating to intoxicating liquor or wine. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minn. Stat. ~15.0418 to 15,0426. Section 73.10: PUBLIC CONSUMPTION. Restrictions regarding the public consumption, display and sale ofliquor, as provided in Ordinance 71, Section 11, Subdivision 2, of the St. Joseph Code of Ordinances shall apply in the same manner to wines, and the penalties provided for a violation of Ordinance 71.11.2 shall be fully applicable for a violation relating to wme. Section 73.11: PENAL TV. Any person violating any provision of this ordinance is guilty of a misdemeanor unless a lesser penalty is specifically provided herein. 73-6 , ----- City of St. Joseph Water Treatment Facility March 15, 2007 Construction Report No.6 City of St. Joseph Water Treatment Facility March 15,2007 Report NO.6 SUMMARY Contract Time Summary Award date: November 10,2005 Notice to proceed: February 24, 2006 Substantial completion date: April 30, 2007 Final completion date: July 30, 2007 Contract Cost Summary Original contract amount: Approved change orders: Pending change orders: Current contract amount: $5,764,932.90 $94,781.00 $0.00 $5,859,713.90 Earnings to date: $5,370,142.93 Less retainage: $268,507.15 Payments to date (No.1-No.12): $5,101,635.78 Earnings as % of contract: 87.2% Status of Construction -Building is now enclosed -Glulam beams and posts are completed -Catwalks, stairs, and railings are installed -All mechanical, process, and electrical equipment has been installed -Pumps have been started up -Filter media is currently being installed Upcomina Construction -Install metal roofing over curved roof -Startup mechanical and process equipment -Miscellaneous interior work (painting, install meeting room walls) Schedule - 1st or 2nd Week in April- Tentative date to produce water Chanae Orders & Outstandina Issues Future Change Order Items -Add glycol to the heating distribution system -Revisions to generator fuel fill system -Additional Chemical Feed Pump Distribution: Judy Weyrens, City of S1. Joseph Mike Sworski, City of S1. Joseph Tracy Ekola, SEH City Council Members Dick Taufen, City of S1. Joseph Steve Campbell, SEH Mark Johannes, SEH John Thorn, SEH City of 81. Joseph Water Treatment Facility March 15, 2007 Report NO.6 City of 81. Joseph Water Treatment Facility March 15, 2007 Report NO.6 City of 81. Joseph Water Treatment Facility March 15, 2007 Report No.6 :::l ~. in !11.. i', ::E: ..J C> 0 0 0- Q) OQ ;""\ ;,.'! .... 0 :r: z ,.. ! '\,' Cj to 0 -l .~ ~ J: tr (/) 5 2.. <( ~ .,.. n. :z 0 ::! 0 71 !ri ..... ~ f: :e G: 10 ::;l -l cr ;;l 'in :CQ w .1!l .c' ~. 0.. i r,; :W ~ 0 ~ a:J I - (,f)' ::;l ~ (;) +. <( w ~ It: <z.: IoU ~ 0 ..J< ~ ..I .W 0 .~ CO ....I @ ~ ~1 w :f ..... ~ 0 .... .~~ a:: 0 ~ j i= 0 :z ~ c @ .~ Z Z c:: ~, i:t> I '" ..., I uJ .... 0:: ~ 0 ._~ :c ..J \.) ~ ~ w ?- ft' .~ ~ ....l $ z )2; I 11 <( :::; 0:: ~ 'go: C9 .:{ ~ ?: :z: ~ fJ. Z (3 I ~ i>!i. iii f/) t ~ :;l -l ::E 0:{ ...J Q S ::> u..: :Ii <( 9 ,., .... ~f ~ 0.. ,., 2 .'1:'-, U. 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( in f- :r en t5 ;:) l- "" -' roc ~ 0 l- S Z LlJ ..;c iii => UJ ~ <( 0 5 ~ f- ~ f- .... -" U if) U- IIJ X 0- W ...I 0- Z ::i llJ .-I .... ...I ii: ..;c . :r J: ...J ...J ....I ....I Z :c ... :c r/) l/) ~ ~ ;:: ~ <( 9 0 V) C/) ~ Z Z en en 'en en w z IIi Z ...l :c ::J ::J (} LL: iL z: z z ;! 0 0 tl. (I) Li: S: 1,)) of .~ ~ 'm E 0) (!} eo 0 0 ;::; 0 0 ;~ e:: 0. 0 Co <:> <.:;) 0 gj 0 .... N (>'> ;:I; !'II ~ ~, Crl ('") ('!) <Q C)') ..... ~ (') l(, ~. ~ ..... "... ..... "... e_ ;e N N (') I'? (') ~ $: $ s: ~ m N C-a ("oJ N N ct Q en V> rt) rt) (.1) Q) U) II) II) tb I I RECEIVED MAR 0 1 2007 FRANCISCAN SISTERS CITY OF ST. JOSEPH OF LITTlE FAllS MINNESOTA February 27, 2007 Mayor Richard Carlbom and City Council City of St. Joseph 25 College Avenue North P.O. Box 668 St. Joseph, MN 56374 Dear Mayor Carlbom and Council Members, We write to express our opposition to the proposed Field Street road through the property of the Sisters of St. Benedict. We base our opposition on two cherished values of our Franciscan heritage. One, we have committed ourselves both to healing Mother Earth's wounds and to addressing the sources of those wounds. The proposed road through the Benedictine Monastery grounps, besides splitting their property, would increase the harm that we humans do to the earth. The road would take holy ground of the Benedictine Sisters and replace it with concrete, air and water pollution, and noise pollution, and leave a smaller refuge for many of nature's smaller creatures. Alternatives to the road exist, but are dismissed by some because they are not as convenient for us humans. Two, we base our opposition on our solidarity with our sisters in the Benedictine community. As a religious community that exists in the world, but attempts to live by Gospel rather than cultural values, we know how difficult this can be. We support our Benedictine Sisters as they strive to protect their sacred space from the intrusion of a secular world that appears to have little respect for values that cannot be commercialized. Justice to the Benedictine Sisters demands that their spiritual values not be relegated to some status which is subservient to competing materialistic values. We do recognize and sympathize with the difficulty faced by public officials in trying balance what appear to be competing public goods. In both our own Franciscan tradition, as well as the Benedictine tradition, however, there is an interested party that is very often not recognized in political and economic discourse. That is our Mother Earth herself, and all of God's wonderful Creation. As you deliberate in the performance of your duties as representatives and servants of the public, we simply ask that you remember and consider these non-voting constituents. We know that you have looked at this long and hard. We also know that there have been alternative visions offered. We offer our prayers to support you in your continued efforts to find the greatest common good in this situation. Blessings and Peace, AlfJt~~ ~. ~~~ J-JA~ Sister ~ary C:6bowa, Community Minister/President Sister Michelle ,L' Allier, Assistant MinisterN.P. ~, ~ -4tUu-Wk~)J.",~ Sister Mary Hroscikoski, As~istant Ministerffreasurer ~f)oretta Meier, A~istantMinister cc: Sister Nancy Bauer, Prioress, Sisters of St. Benedict JeffOdendahl and JPIC Committee 116 8th Avenue SE. Little Falls. Minnesota 56345-3597 . 320-632-360 I . fax: 320-632-6313 . www.fslf.org .............. ~:::~~ II~ :::::::::::~ ;t~ II ~::::~:.... W.EOl ....- co Z'''O . ",:i::ii( :!. ''''''0;;' .~ :~:::()a O:~ :~:::~: ~ z ;:) o ::::: U ........... (/) ::::. Z r:r:: ::::: <( .......... w ........... I- .:.:-:.:.:. ' (/) :~: '.~ ::t:: ;a:;.: .w:. :(1):.: :0.< .~:' :j;;::: '0': :u;;:.: :0:- :~:: :er ei o C"\I ~. .... ,!! lei o C"\I ~ .... I!! 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