HomeMy WebLinkAbout19990301_regularI
MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
MARCH 1,1999 - 200 P.M.
ROLLCALL Answering rollcall were Members Faust, Hovland, Maetzold and Mayor Smith.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Maetzold and
seconded by Member Faust approving the Council Consent Agenda as presented and
amending the Agenda Item W.D. to three (3) 1999 Crown Victoria Squad Cars and
amending the Minutes of February 16,1999.
Rollcall:
Ayes: Faust, Hovland, Maetzold, Smith
Motion carried.
MINUTES OF THE REGULAR MEETING OF FEBRUARY 16, 1999, APPROVED AS
AMENDED Mayor Smith noted Ted Volk asked that his comments during the discussion of
Ordinance No. 1999-4, Amending Section 900 of the Edina City Code Allowing Issuance of
On-sale Intoxicating Liquor Licenses Within the city of Edina and Recodifying Section 900 in
the draft Minutes of February 16, 1999, be amended to depict his comments more clearly.
Member Maetzold made a motion approving the Minutes of February 16, 1999, as
amended. Member Faust seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Maetzold, Smith
Motion carried.
RESOLUTION ADOPTED APPROVING PROTECTED USE OF FUNDS FOR 1999
URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
ICDBG) PROGRAM Affidavits of Notice were presented, approved and ordered placed on
file. Following due notice given the City Council conducted a public hearing on the
Community Development Block Grant (CDBG) Program for 1999.
Presentation bv Planner
Planner Larsen reviewed the 1999 CDBG entitlement for Edina of $182,318 which reflects a
$476 increase from the 1998 entitlement of $181,842. In keeping with previous years’
requirements, the human services portion of the budget may not exceed 20% of the
entitlement with the remaining 80% directed toward community development. Therefore,
Edina’s human services budget may not exceed $36,464 allowing $145,854 to be directed
toward community development. Planner Larsen outlined the proposed 1999 CDBG Budget:
Communitv Development
Rehabilitation of Private Property $80,000
Acquisition for Scattered Site Affordable Housing $65,854
Human Services
H.O.M.E. $17,400
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Minutes/Edina Citv Council/March 1,1999
Daycare
CASH Homeline
Total 1999 Budget
$17,448
$ 1,616
$182,318
Planner Larsen stated the housing rehabilitation funds will go toward assisting five to ten
eligible homeowners make structural improvements to their homes with a maximum of
$15,000 available per loan. Acquisition for scattered site affordable housing funds are
planned to assist development of affordable owner or renter occupied housing in keeping
with Edina's participation in the Minnesota Livable Communities Act.
The 1999 requests for human services funding have come from the three agencies Edina has
historically worked with, namely: Senior Community Service or H.O.M.E., Greater
Minneapolis Daycare Association (GMDCA), and CASH Homeline. Requests from the three
agencies total $39,400, exceeding the maximum allowed. In an effort to fairly distribute the
funds causing the least disruption to ongoing activities, the planning staff proposed the
following budget, which has been reviewed and endorsed by the Human Relations
Commission:
Agency 1998 Budget 1999 Request 1999 Proposed Budget
H.0.M.E $17,400 $17,400 $17,400
Daycare $17,400 $18,000 $17,448
CASH Homeline $ 1,568 $ 3,500 $ 1,616
TOTAL $36,368 $39,400 $36,464
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Member Faust asked why GMDC served only two families with funding of $17,400 during
1998. Planner Larsen deferred to the staff of the GMDCA. Mayor Smith added he thought
this question had arisen in 1998 and the reason for the low number of families served
resulted from the time lag working through other entidements before using the CDBG
monies.
Jim Nikolai of the GMDCA, explained that there has been a roll-over of funds and that the
association is usually working with two years' allocations at any one time. He noted that last
year the legislature increased childcare subsidies for non-AFDC and non-welfare recipients.
This was a temporary boost to subsidies and is expected to be gone by the summer of 1999.
GMDCA anticipates needing the requested allocation plus their reserves to subsidize persons
from Edina's waiting list. Mr. Nikolai added GMDCA would be happy to come back with a
report on their situation.
Mayor Srnith asked what the'expectation is regarding the fund balances from 1997 and 1998.
He noted the request before the Council is to approve a budget and asked staff if the budget
could be amended at a later date. Planner Larsen confirmed that an amendment could be
made if deemed necessary later.
Member Maetzold asked how the City publicizes the CASH service and if all the private
rehabilitation loans are due upon sale of the house. Planner Larsen explained that ABOUT
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TOWN is the primary source of advertising the programs. He also noted that originally .
rehabilitation loans were grants of potential grants, but now they are required to be paid at
the time of sale.
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Member Hovland introduced the following resolution and moved its adoption:
RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1999
URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT
WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS
WHEREAS, the City of Edina, through execution of a Joint Cooperation Agreement with
Hennepin County, is cooperating in the Urban Hennepin County Community
Development Block Grant Program; and
WHEREAS, the City of Edina developed a proposal for the use of Urban Hennepin County
CDBG funds made available to it, and held a public hearing on March 1,1999, to obtain
the views of citizens on local and Urban Hennepin County housing and community
development needs and priorities the City's proposed use of $182,318 from the 1999 Urban
Hennepin County Community Development Block Grant.
BE IT RESOLVED, that the City Council of Edina approves the following projects for
funding from the 1999 Urban Hennepin County Community Block Grant program and
authorized submittal of the proposal to Hennepin County for review and inclusion in the
1999 Urban Hennepin County Community Block Grant Program.
Proiect Budget
Rehabilitation of Private Property $80,000
Acquisition for Scattered Site Affordable Housing $65 , 854
Housing & Outdoor Maintenance for the Elderly, H.O.M.E. $17,400
Daycare $17,448
C.A.S.H. Homeline $1,616
Total $182 , 318
BE IT FURTHER RESOLVED , that the City Council hereby authorizes and directs the
Mayor and City Manager to execute the Subrecipient Agreement and any required Third
Party Agreement on behalf of the City.
ADOPTED this 1st day of March, 1999.
Attest:
Member Maetzold seconded the motion.
Rollcall:
Debra A. Mangen, City Clerk Glenn L. Smith, Mayor
Ayes: Faust, Hovland, Maetzold, Smith
Motion carried. I
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*HEARING DATE OF MARCH 15,1999, SET FOR PLANNING MATTERS Motion made
by Member Maetzold and seconded by Member Faust setting March 15,1999, as hearing
date for planning matters:
1. Conditional Use Permit - Our Lady of Grace Church, 5071 Eden Avenue
2. Conditional Use Permit - ISD 273 - Cornelia Elementary (7000 Cornelia Drive)
3. Final Development Plan - Northwest Athletic Club (7300 Bush Lake Road)
Motion carried on roI.kall vote - four ayes.
ORDINANCE NO. 1999-4 ADOPTED - AN ORDINANCE AMENDING SECTION 900 OF
THE EDINA CITY CODE ALLOWING ISSUANCE OF ON-SALE INTOXICATING
LIQUOR LICENSES THE CITY OF EDINA AND RECODIFYING SECTION 900;
INTOXICATING LIQUOR LICENSE FEE; AND RESOLUTION ADOPTED GRANTING
WINE LICENSEE IN THE PROPER ZONING DISTRICTS Mayor Smith noted that the
Council had a public hearing at the last Council meeting and directed staff to present draft
ordinance revisions. Mayor Smith noted receipt of letters from: 1) Boyd Stofer of United
Properties, voicing concern regarding the ownership restriction in the proposed liquor
ordinance; and Jay Stieber, Big Bowl, Inc., protesting that the proposed $11,000 fee for an on-
sale intoxicating liquor license is too high. Mayor Smith stated the City held the election in
the proper way and has invested a great deal of time and money in developing an
appropriate liquor ordinance and fee for Edina. Mayor Smith noted his intention to ensure
that all Edina tax payers do not subsidize the cost of liquor licensing. He said every year
hearings are held to review the cost of licenses, fees, and the entire City budget. During that
annual review the Council has directed staff to research and support City fees. Mayor Smith
noted the Police Chief‘s report on the proposed fee. He reported that Member Kelly
although absent had informed the Mayor of his support of the liquor ordinance and the fee
ordinance. Mayor Smith asked the City Manager to briefly review the changes made to the
ordinance since the February 16” meeting.
ORDINANCE NO. 1999-5 ADOPTED - AN ORDINANCE SETTING THE ON-SALE
PREFERENCE TO MARCH 16, 1999 FOR ON-SALE APPLICATIONS OF EXISTING
Manager Hughes noted the following changes to the proposed ordinance:
Page 5 - Eliminated that the certified public accountant must be licensed in the
State of Minnesota; therefore, any CPA would satisfy the requirement for filing the
affidavits.
Page 6 - Included language that permits the City Clerk to require the deposit of
additional investigation fees before proceeding with an investigation if found that
the initial deposit does not cover the cost of the investigation.
Page 7 - Added a clause that requires a person meet the requirements of Section
160 of the Code to be eligible to receive a liquor license.
Page 8 - Two changes to paragraph “N deleted “Fixed Sum” as an adjective for
rental agreements, so any type of rental agreement would not constitute an
ownership interest, and secondly a grandfather clause stating that ”a person
having an interest in two or more premises holding wine licenses issued by the
City that were in effect on December 31,1998 may apply for and the Council may
grant an On-sale Intoxicating Liquor License for such premises.”” I
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Page 10 - Hours of Sale have been modified in response to the concern raised by
Edina resident Ted Volk. Manager Hughes noted that the question asked of voters
at the November 1998 dina be authorized to
issue licenses to hotels or between the hours
of 12 o’clock noon and 12 o’clock midnight on Sundays as provided in Minnesota
Statutes, Section 340.504?” The ordinance originally proposed stated the hours of
sale would be 1O:OO a.m. on Sundays until 1:00 a.m. on Mondays. This has been
changed to read 1200 noon until 1200 midnight on Sundays for establishments
holding an On-sale Intoxicating License and a Sunday On-sale License. However,
establishments holding a Wine license or an On-sale Club License and Sunday On-
Sale License may serve between the hours of 1O:OO a.m. and 12:OO midnight on
Sundays.
Page 10 - Hours of Consumption have been modified to read that consumption
shall be limited to thirty minutes following the cessation of sale.
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Member Maetzold asked what the Minnesota Clean Air Act has to do with the time of sale.
Attorney Gilligan replied that this was the condition to extend the hours on Sunday under
Minnesota Statutes.
Member Faust asked what the legal implications of allowing clubs and wine establishments
to serve from 1O:OO a.m. on Sundays, in light of the question on the November ballots.
Attorney Gilligan responded that if the hours of sale were going to be expanded beyond
1200 midnight, you have to hold a public hearing on the expansion. But it is not necessary to
hold a hearing for the club and wine licensees serving at 1O:OO a.m. on Sunday because they
had already been selling during that time, and changing the hours of sale for wine and club
licensees would be a limit, not an expansion.
Member Hovland stated he intended to vote for the ordinance. He commended the Mayor
and staff for the process and ordinance. Member Hovland stated there was only one thing
left that bothered him; and that was not allowing entities with multiple ownerships to be
licensed. It bothered him in the sense that the licenses have no value, that we are in a world
where multiple ownership of properties is a reality. We have national cuisine concepts
coming into Edina; people may be partnering on concepts (being the majority shareholder in
one corporation and minority shareholders in another corporation). Member Hovland stated
his belief that disallowing multiple ownerships defies the reality of the marketplace,
especially when the licenses have an annual renewal and no salable value.
Mayor Smith acknowledged Member Hovland‘s concern stating his belief the Council should
initially move slowly, knowing that the ordinance can be revised if a need becomes apparent
in the future.
Member Maetzold stated that he thinks allowing restaurants and hotels to serve liquor is not
going to bring a great deal of change. We are going to be offering a little wider choice to
diners in Edina’s restaurants and perhaps an opportunity for some restaurants to increase
income. But, passage of the ordinance signals a change within the community. It signals that
residents have different needs and views of what they see. Member Maetzold cornmended
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MinutesBdina CiW Council/March 1,1999
all involved staff, community members, and Council Members for the careful positive
approach they have all taken in working on this issue.
Mayor Smith agreed with Member MaetzoId's comments and added his praise of Edina's
existing wine licensees. He noted that since the first wine and beer license ordinance was
passed thirteen years ago these licensees have been exemplary; and he believes they wiIl
continue to operate quality establishments. Mayor Smith cautioned the licensees that the fees
charged are in their hands, because the fees wiIl reflect the costs of administration and
enforcement of the ordinances. Mayor Smith asked Manager Hughes to comment on the
recommendations for the preference period.
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Manager Hughes stated that staff would propose that if the Council adopts the resolution
granting a preference period to existing wine licensees to upgrade their licenses during the
next fifteen days, it also allows the existing wine licensees to offset the amount of their wine
license fees from the initial on-sale fees. Also because these establishments have just
completed their annual renewal investigation, staff suggests waiving the $500 investigation
fee, upon receipt of a certificate stating that all ownership interest is still current for the
upgraded application. Council consensus was to &ow staff to proceed as outlined.
Member Maetzold moved second reading of Ordinance No.1999-4 as follows:
EDINA ORDINANCE NO. 1999-4
AN ORDINANCE ALLOWING ISSUANCE
AND RECODIFYING SECTION 900 OF THE
EDINA CODE OF ORDINANCES.
OF ON-SALE INTOXICATING LIQUOR LICENSE
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1.
900.01
shall have the stated meanings:
Section 900 of the City Code is hereby amended to read as follows:
Section 900 - Sale of Liquor and Wine; Licensing
Definitions. Unless the context otherwise clearly indicates, the following terms
,
Bar.
served.
Commissioner. The State Commissioner of PubIic Safety.
Cafe. See definition of "restaurant" in this Subsection.
A counter or similar kind of place or structure at which wine or liquor is
Club. Any corporation duly organized under the laws of the State for civic,
fraternal, social or business purposes, or for intellectual improvement, or for the
promotion of sports, which shall have more than 50 members, and which for more
than one year shall have owned, hired or leased a building or space in a building of
such extent and character as may be suitable and adequate for the reasonable and
comfortable accommodation of its members, and whose affairs and management are
conducted by a board of directors, executive committee, or other similar body
chosen by the members at a meeting held for the purpose, none of whose members,
officers, agents or employees are paid, directly or indirectly, any compensation by
way of profit from the distribution or sale of beverages to the members of the club
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Minutes/Edina Citv CounciVMarch 1,1999
or to its guests, beyond the amount of such reasonable salary or wages as may be
fixed and voted each year by the directors or other governing body.
Food Establishment License. A license issued by the City under the provisions of
Section 720 of this Code. I
Hotel. An establishment where food and lodging are regularly furnished to
transients and which has a dining room serving the general public at tables and
having facilities for seating at least 30 guests at one time, and at least 50 guest
rooms.
Intoxicating Liquor. Ethyl, alcohol, and distilled, fermented, spirituous, vinous and
malt beverages containing in excess of 3.2 percent of alcohol by weight.
Intoxicating Malt Liquor. Any beer, ale or other beverage made from malt by
fermentation and containing more than 3.2 percent of alcohol by weight.
License. A license granted pursuant to this Section.
LicensedPremises. The area shown in the license application as the place where
wine or liquor will be served or consumed.
Liquor. 3.2 percent malt liquor, intoxicating liquor, and intoxicating malt liquor.
Meal. Entrees and sandwiches offered on a restaurant menu.
Off-sale. Retail sale in the original package for consumption away from the
premises only.
On-sale. Sale for consumption on the premises only.
Original Package. Any container or receptacle holding liquor, in which the liquor
is corked or sealed at the place of manufacture.
Restaurant. An establishment, under control of a single proprietor or manager,
having appropriate facilities for serving meals and where in consideration of
payment, meals are regularly served at tables to the general public, and which
empIoys an adequate staff to provide the usual and suitable service to its guests,
and which has a seating capacity for not fewer than 30 guests at one time.
Sale, Sell, Sold. All barters, exchanges, gifts, sales, and other means used to obtain,
dispose of, or furnish any liquor or wine or any other beverage, directly or
indirectly, as part of a commercial transaction, in violation or evasion of the
provisions of this Section, but does not include sales by State licensed liquor
wholesalers selling to licensed retailers.
State Established Legal Drinking Age. For purposes of this Section, the State
established legal age for consumption of liquor and wine is 21 years of age.
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1Minutes/Edina City Council/March 1,1999
3.2 Percent Malt Liquor.
than one-half of one percent by volume and not more than 3.2 percent by weight.
Wine. Vinous beverage created by fermentation.
Any potable beverage with an alcoholic content of more
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900.02 Off-sale Limited to Municipal Liquor Stores; Dispensary Established. No
intoxicating liquor, intoxicating malt liquor or wine shall be sold, or caused to be sold at
off-sale within the City by any person, or by any store or establishment, or by any agent or
employee of such person, store or establishment, except by the City and on the premises in
the City occupied by the municipal liquor dispensary. There is hereby established a
municipal liquor dispensary for the off-sale of liquor and wine. The dispensary shall be
located at such suitable places in the City as the Council determines by resolution.
Subd. 1 Management and Control. The dispensary shall be under the control of
the Manager. The Manager may appoint employees as deemed necessary to operate
the dispensary in full compliance with this Section and State Law. No person under
the State established legal drinking age shall be employed in the dispensary.
.
Subd.2 The Manager may require persons employed in the
dispensary to furnish a surety bond to the City in the same manner as prescribed by
Subsection 115.12 of this Code.
Surety Bond.
I Subd. 3 Hours of Operation. Subject to the requirements of M.S. 340A.504, the
hours of operation of the dispensary shall be established by resolution of the
council.
Subd.4 Manner of Conducting Sales. All restrictions as to the manner of .
conducting sales as set forth in Subsection 900.07 shall apply to the municipal
liquor dispensary.
900.03 License Required. No person, except wholesalers or manufacturers to the extent
authorized by law, directly or indirectly, upon any pretense or by any device, shall sell at
off-sale any 3.2 percent malt liquor or at on-sale any 3.2 percent malt liquor, intoxicating
malt liquor, wine or intoxicating liquor without first having obtained a license.
900.04 License Types. Licenses shall be of nine types:
A. On-sale Club Liquor License - permits the on-sale of liquor and wine at
qualifying clubs. Only establishments possessing an On-sale Club License on
December 31,1998, shall be eligible for receiving an On-sale Club Liquor License
pursuant to this Section.
B. On-sale Intoxicating Liquor License - permits the on-sale of liquor and wine at
qualifying hotels and restaurants. A qualifying hotel with multiple points of liquor
sale and service within the hotel may operate under a single On-sale Intoxicating
Liquor License provided that the sale of food and liquor is under the exclusive
ownership and control of the licensee. Any restaurant or other facility serving I .
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MinutesBdina City Council/March 1,1999
liquor within a hotel which operates under separate ownership or control shall be
considered a distinct entity for p.urposes of this Section.
C. Off-sale 3.2 Percent Malt Liquor License - permits the off-sale of 3.2 percent
malt liquor at certain retail establishments.
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D. On-sale 3.2 Percent Malt Liquor License - permits the on-sale of 3.2 percent malt
liquor at certain retail establishments.
E. Wine License - permits the on-sale of wine at qualifying hotels and restaurants.
(Intoxicating malt liquor may be sold on premises holding both a 3.2 percent malt
liquor on-sale license and a wine license.)
F. Temporary On-sale Intoxicating Liquor License - permits the on-sale of wine
and intoxicating liquor at the Edina Foundation Ball. No more than one such
license shall be issued during each calendar year.
G. Temporary On-sale 3.2 Percent Malt Liquor License - permits the on-sale of 3.2
percent malt liquor at events sponsored by certain organizations. Not more than
four such licenses shall be issued to any one location in a calendar year with at least
30 days between issue dates. Each license shall be issued for three consecutive days
only.
H. Sunday On-sale License - permits the on-sale of intoxicating liquor on Sunday.
Only persons holding an On-sale Intoxicating Liquor License or an On-sale Club
Liquor License may hold a Sunday On-sale License
I. Manager’s License - required for the individual or individuals in charge of a
premises holding an On-sale Intoxicating Liquor License or a Wine License.
900.05 License Application; Renewal. An application for any license required by this
Section or the renewal of an existing license shall be made on forms provided by the
Clerk. The provisions of Section 160 of this Code, shall apply to all licenses required by
this Section, and to the holders of such licenses, except that licenses and renewals shall be
granted or denied in accordance with Subsection 900.06. All applications shall be
accompanied by the fees set forth in Subsection 900.07. Every license issued under this
Section shall expire at 1201 A.M. on April 1 following its date of issuance. Renewal
applications shall be submitted at least 60 days but not more than 150 days before
expiration of the license, provided that the renewal application for Manager’s Licenses
may be submitted 30 days before their expiration. If, in the judgment of the Council as to
off-sale and on-sale licenses, and in the judgment of the Manager as to Manager’s
Licenses, good and sufficient cause for the applicant’s failure to apply for a renewal within
the time provided is shown, the Council, or Manager, as the case may be, may, if the other
provisions of this Section are complied with, grant the license. In addition to the
application requirements provided in Section 160 of this Code, applicants shall also
provide the following:
A. The type of license the applicant seeks;
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Mi.nutes/Edina City CouncWarch 1,1999
B. A description of the type of business to be transacted on the licensed premises;
C. Proof of financial responsibility with regard to liability imposed by M.S.
340A.801 in the manner and to the extent required by M.S. 340.A409. If the
applicant claims exemption from the requirements of said Statute, proof of
exemption shall be established by affidavit given by the applicant in form and
substance acceptable to the Clerk;
D. AU forms and information required by the Police Chief, the Minnesota
Department of Public Safety and the Minnesota Department of Revenue;
E. Any affidavits of the applicant as required by the Clerk, on forms provided by
the Clerk, in support of the application;
E Authorization to release information obtained in connection with the
application;
G. A statement signed by the applicant stating that he or she has reviewed and
understands the pertinent provisions of this Section and State law;
H. In the case of an application for a Wine License, On-sale Intoxicating Liquor
License or a Manager's License, the applicant shall provide evidence satisfactory to
the Clerk as to compliance with the requirements of Subd:3 of Subsection 900.12 as
to the completion of an alcohol awareness program;
I. In the case of an application for a Wine License or On-sale Intoxicating Liquor
License, the applicant shall provide evidence satisfactory to the Clerk as to
compliance with the requirements of Subd. 4 of Subsection 900.12 as to the
percentage of food sold on the licensed premises. This requirement shall be
established by an affidavit of the licensee on a form provided by the Clerk. The
affidavit shall be given with each application for issuance or renewal on a Wine
License or an On-sale Intoxicating Liquor License, or at other times. as the Clerk
may request. If the application is for the renewal of a Wine License or an On-sale
Intoxicating Liquor License, the affidavit shall also include the actual percentage of
gross receipts attributable to the sale of food during the immediately preceding 12
month period. The Clerk shall require that any such affidavit be verified and
confirmed, on a form provided by the Clerk, by a Certified Public Accountant.
Failure or refusal of a licensee to give such affidavit with such application, or on
request of the Clerk, or any false statement in any such affidavit, shall be grounds
for denial, suspension or revocation of all licenses held by such licensee.
J. In the case of an application for a temporary on-sale 3.2 malt liquor license, the
applicant shall provide evidence satisfactory to the Clerk that the applicant
complies with the requirements of Subsection 900.08 as to being a qualified
corporation or organization;
K. Any other information deemed necessary by the Manager to undertake
consideration of the application.
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MinutesEdina Citv CounciVMarch 1,1999
900.06 Consideration of Application; Public Hearing. The provisions of Section 160 of
this Code shall apply to all licens,es required by,Subsection 900.04 and to the holders of
such licenses, provided that all licenses, except Manager’s Licenses, shall be granted or
denied by the City Council and the Commissioner, if required by State law. The City
Council shall conduct a public hearing on the application for a new On-sale Intoxicating
Liquor License within a reasonable period following receipt of a complete application and
completion of the investigation required by Subsection 900.05. A notice of the date, time,
place and purpose of the hearing shall be published once in the official newspaper not less
than ten days before the date of the hearing. After hearing the oral and written views of
all interested persons, the Council shall make its decision at the same meeting or at a
specified future meeting. No hearing shall be required for the renewal or the transfer of
an On-sale Intoxicating Liquor license.
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900.07 Fees.
Subd. 1 The annual license application fee shall be the amount
set forth in Section 185 of this Code. When a new Wine License or On-sale
Intoxicating Liquor License is issued for a portion of a year, the annual license
application fee shall be prorated at the rate of one twelfth of the license fee per
month or portion of a month remaining in the license year at the time of
application. The annual license application fee for a Wine License or for an On-sale
Intoxicating Liquor License may be refunded, less costs incurred by the City as
determined by the Clerk, in the event that the application is withdrawn by the
applicant or denied by the Council.
Subd. 2 Refunds. A monthly pro-rata share of the annual license fee for a Wine
License or an On-sale Intoxicating Liquor License issued pursuant to this Section
may be refunded, less the cost of issuance as determined by the Clerk, ~
Application Fee.
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A. The business permanently ceases to operate;
B. The license is transferred to a new licensee in accordance with Subsection 900.13
and the City receives a license fee for the remainder of the license term from the
transferee; or
C. A premises licensed to sell wine receives an On-sale Intoxicating Liquor License
prior to the expiration of the Wine License. In this instance, a pro-rata share of the
Wine License fee may be refunded.
Subd.3 Investigation Fees. Upon application for a new or the transfer of an
existing Wine License or On-sale Intoxicating Liquor License, the applicant shall
deposit $500.00 with the City for the investigation fee. If the investigation requires
an out-of-state investigation, an additional $2,000.00 shall be deposited before
further processing of the application by the City. The Clerk may from time to time
require the deposit of additional investigation fees up to the limits provided herein
before further processing of the application if the cost of investigation exceeds the
amounts previously deposited. The cost of the investigation shall be based on the
expense involved, but in no event shall it exceed $500.00 if the investigation is
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limited to the State or $10,000.00 if outside the State. All deposited monies not
expended on the investigation shall be refunded to the applicant. All investigative
expenses incurred in excess of the deposit shall be paid prior to consideration of the
license application by the Council. Investigation fees for license renewal shall not
exceed $200.00 unless there is a change of ownership of more than 10% cumulatively
over the then existing license period.
900.08 Persons Ineligible for License. The following restrictions apply to any applicant
who is a natural person, a general partner if the applicant is a partnership, or a corporate
officer if the applicant is a corporation. No license shall be granted to:
A. Any manufacturer, brewer, or wholesaler as defined in M.S. 34019301, or any
manufacturer of 3.2 percent malt liquor, or to any person who has a financial
interest, directly or indirectly, in such manufacturer, brewer or wholesaler.
B. Any person under the State established legal drinking age.
C. Any person convicted of any willful violation of any law of the United States or
any provision of State Law or this Code with regard to the manufacture, sale or
distribution of liquor.
D. Any person not eligible under M.S. 3408,402, the regulations of the
Commissioner or Section 160 of this Code.
E. Any person who has (i) been convicted, within the five years prior to the
application for a license, of any violation of any law of the United States, the State,
or any other state or territory, or of any local ordinance with regard to: (a) the
manufacture, sale, distribution or possession for sale or distribution of intoxicating
liquor or other controlled substances as defined by State Statute, (b) gambling, (c)
theft, or (d) vice; or (ii) had an intoxicating liquor license, including a wine on-sale
license, revoked for any violation of any statutes, ordinances or regdations relating
to the manufacture, sale, distribution or possession of liquor or wine.
I
F. Any person who has applied for or holds a federal wholesale or retail liquor
dealer's special stamp or a federal or State gambling or gaming stamp or license.
G. Any person who is an employee or elected official of the City.
H. Any person who has falsified any information given either in the application or
in the process of investigation.
I. Any person who upon renewal, has been found in violation of any provision of
this Section or applicable State Law.
J. If an individual, any person who is not a U.S. citizen or resident alien.
K. Any person who is financially indebted to a person who is disqualified under
this Subd.
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Minutesfidina CiW CounciVMarch 1,1999
L. If for a Temporary On-sale Intoxicating Liquor License, any person who is not
the holder of a Club On-sale Intoxicating kiqyor License or an 0n;Sale Intoxicating
Liquor License.
M. If for a Temporary On-sale 3.2 Percent Malt Liquor License, any person who is
not a corporation or organization organized for service to the community, state, or
nation, for social purposes, for the promotion of sports or for the promotion of
persons to elective office, where the serving of 3.2 percent malt liquor is incidental
to and not the main purpose of the organization; or charitable or religious
corporations for and to which gifts are deductible from the income of the donor
under the Internal Revenue Code of 1986, as now enacted or as supplemental or
amended; and which have been in existence and actively engaged in programs
intended to further and promote the purposes for which organized for a period of at
least 18 consecutive months prior to the date application is made for such license.
No corporation or organization shall be granted more than two such licenses in a
calendar year and there shall be at least 30 days between the license issue dates.
*-
N. If for an On-sale Intoxicating Liquor License, any person who holds an interest
in an On-sale Intoxicating Liquor License or has made application for such a license
for more than one location in the City. It is the intent hereof that no person may
possess or hold an interest in more than one On-Sale Intoxicating Liquor License at
one time in the City. For purposes hereof, "interest" includes any pecuniary interest
in the ownership, operation, management or profits of the establishment, but does
not include: i) bona fide loans, rental agreements, open accounts or other
obligations held with or without security arising out of the ordinary and regular
course of business or selling or leasing merchandise, fixtures or supplies to such
establishment or ii) any interest of five percent or less in any corporation holding an
On-sale Intoxicating Liquor License. Provided, however, a person having an
interest in two or more premises holding wine licenses issued by the City which
were in effect on December 31,1998, may apply for and the Council may grant an
On-sale Intoxicating Liquor License for each such premises.
900.09 Places Ineligible for a License
Subd. 1
renewed for:
General Restrictions. No off-sale or on-sale license shall be granted or
A. Any property on which taxes, assessments or other financial claims of the State,
County or City are due, delinquent or unpaid.
B. Any property on which the business is to be conducted is owned by a person
who is ineligible for a license pursuant to Subsection 900.08
C. Any property located within 300 feet of a place of worship or an elementary,
junior high or senior high school having a regular course of study accredited by the
State. A location which holds a license under this Section shall not be declared
ineligible for license renewal or transfer due to a place of worship or school that
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Minutes/Edina CiW CounciVMarch 1,1999
was newly located in its proximity after license issuance. The provisions of this
paragraph shall not apply to Temporary On-sale 3.2 Percent Malt Liquor Licenses.
D. Any property where a license issued under this Section has been revoked
during the preceding year unless the issuance of the license is unanimously
approved by the Council then present.
I -
E. Any property where the conduct of the business is prohibited by Section 850 of
this Code.
F. Any property not eligible under M.S. 340A and the regulations of the
Commissioner.
G. Any property used as a sexually oriented business as defined by Section 850 of
this Code.
Subd.2 Off-sale 3.2 Percent Malt Liquor Licenses. In addition to the
requirements of Subd. 1 of this Subsection, no Off-sale 3.2 Percent Malt Liquor
License shall be granted to any theater, recreation establishment, public dancing
place or establishment holding an on-sale license.
Subd. 3 On-sale 3.2 Percent Malt Liquor Licenses. In addition to the requirements
of Subd.1 of this Subsection, no On-sale 3.2 Percent Malt Liquor License shall be
granted for establishments other than (i) private clubs which have been
incorporated for more than ten years and which own and operate club houses for
their members in which the serving of such liquor is incidental to and not the major
purpose of such club, (ii) restaurants, (iii) golf courses, (iv) the Edina Golf Dome, (v)
bowling centers and (vi) hotels. The provisions of this Subdivision do not apply to
Temporary On-sale 3.2 Percent Malt Liquor Licenses.
I
Subd.4 Wine Licenses. In addition to the requirements of Subd. 1 of this
Subsection, no Wine License shall be granted to any establishment other than a
restaurant located in the PCD-1, PCD-2, PCD-3 Subdistricts, the Mixed
Development District or the Planned Office District as established by Section 850 of
this Code.
Subd. 5 On-sale Intoxicating Liquor Licenses. In addition to the requirements of
Subd. 1 of this Subsection, no On-sale Intoxicating Liquor License shall be granted
to i) any establishment other than a restaurant or hotel located in the PCD-2, PCD-3
Subdistricts or the Mixed Development District as established by Section 850 of this
Code, ii) any amusement or recreation establishment incIuding amusement arcades,
bowling centers, pool halls or establishments offering amusement devices as
defined by Section 215 of this Code, iii) any establishment located in a building
which also contains any dwelling units as defined by Section 850 of this Code, or iv)
any establishment located in the PCD-2 Subdistrict which will contain more than
150 seats. I
900.10 General Restrictions; Conditions of Sale.
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MinutesEdina Citv Council/March 1,1999
Conduct. Every licensee shall be responsible for the conduct of the Subd.1
licensee's p,lTaceaof business and shall maintajn,conditions of sobriety and orper.
Subd.2
established legal drinking age, or to an intoxicated person, directly or indirectly.
1s 11. 1 bi I ,
Age. No wine or liquor shall be sold to any person under the State
Subd. 3
liquor or wine.
Under Age Workers. No person under the age of 18 shall serve or sell
Subd. 4 Gambling and Prostitution. No licensee shall keep, possess or operate, or
permit the keeping, possession or operation on the licensed premises, or in any
room adjoining the licensed premises controlled by the licensee, any slot machines,
dice or other gambling equipment as defined in M.S. 349.30, nor permit any
gambling therein, nor permit the licensed premises or any room in the same or in
any adjoining building, directly or indirectly under licensee's control, to be used as
a resort for prostitutes or other disorderly persons; provided, however, that lawful
gambling may be carried on if allowed by this Code and where allowed by a license
issued pursuant to M.S. 349 or this Code.
Subd. 5 Manufacturer or Distiller of Malt Liquor. No equipment or fixture in any
licensed place shall be owned in whole or in part by any manufacturer or brewer, as
defined in M.S. 340A, of wine or liquor.
Subd. 6 Open to Inspection. All licensed premises shall be open to inspection by
any police officer or other designated officer or employee of the City at any time
there are persons within the licensed premises.
Subd. 7
340A.504. Except, however:
Hours of Sale. The hours and days of sale shall be as set forth in M.S.
A. Establishments holding a Wine License under this Section or establishments
holding both an On-sale Club Liquor License and a Sunday On-sale License under
this Section may sell intoxicating liquor or wine in conjunction with the sale of food
between the hours of I000 A.M. and 12:OO midnight on Sundays, provided that the
licensee is in conformance with the Minnesota Clean Air Act, and
B. Establishments holding both an On-sale Intoxicating Liquor License and a
Sunday On-sale License may sell intoxicating liquor and wine in conjunction with
the sale of food between the hours of 1200 noon and 12:OO midnight on Sundays.
Subd.8 Hours of Consumption. No liquor or wine shall be consumed by any
person on, in or about a licensed premises more than 30 minutes following the time
established by this Subsection for cessation of the sale of wine or liquor.
Subd.9 No Liquor or Wine in Non-Licensed Food Establishments. Except as
permitted by a license issued pursuant to this Section, no person shall take or carry
any wine or liquor into any food establishment as defined in Section 720 of this
Code.
Page 15
MinutesEdha City CounciVMarch 1,1999
Subd. 10 Mixing or Sale for Mixing Prohibl;ed. Except as permitted by a license
issued pursuant to this Section, no person shall mix with liquor or wine or sell for
the purpose of mixing with liquor or wine, any soft drink, other liquor or beverage
in any food establishment as defined in Section 720 of this Code.
Subd.ll Illegal to Permit Mixing. Except as permitted by a license issued
pursuant to this Section, no person shall consume, or permit the consumption,
mixing or spiking of any beverage by adding to the same any liquor, in any
building or place operated as a food establishment as defined in Section 720 of this
Code. The fact that any person in any food establishment, as defined in Section 720
of this Code, sold any liquid or beverage to a person who thereupon and therein
added to such liquid or beverage any liquor or wine shall be prima facie evidence
that such liquid or beverage was sold by such person for the purpose of adding
liquor or wine and shall be prima facie evidence that such person and the person's
employer permitted the mixing or spiking of such liquid by adding wine or liquor.
Subd. 12 Bottle Clubs Prohibited. Except as permitted by a license issued pursuant
to this Section, establishments or clubs that directly or indirectly allow the
consumption or display of wine or liquor, or knowingly serve any liquid for the
purpose of mixing with liquor or wine, shall be prohibited. Permits for bottle clubs
issued by the Commissioner under M.S. 340A.414 shall not be approved by the
council.
Subd. 13 Posting of License. A license issued under this Section shall be posted in
a conspicuous place in the licensed premises.
Subd. 14 Compact and Contiguous Premises. A license issued under this Section
is only effective for the compact and contiguous space specified in the approved
license application. No sales or consumption of wine or liquor shall be permitted
beyond the licensed premises. The licensed premises shall not be increased in size
or seating capacity during the then license period.
Subd. 15 Sobriety and Order. A licensee shall be responsible for the conduct of
business being operated and shall maintain conditions of sobriety and order.
Subd. 16 Adult Entertainment Prohibited. The Findings, Purpose and Objectives
of Section 1345 of the City Code are hereby incorporated by reference. No licensee
shall permit any specified sexual activities, the presentation or display of any
specified anatomical areas or the conduct of a sexually oriented business all as
defined by Section 850 of this Code on the licensed premises or in areas adjoining
the licensed premises where such activities or the conduct of such a business can be
seen by patrons of the licensed premises.
Subd. 17 State Law. All applicable provisions of State Law shall be complied with
in connection with the sale of wine and liquor.
900.11 Special Requirements for the On-sale of 3.2 Percent Malt Liquor. In addition to the
requirements imposed by Subsection 900.10, the following special requirements apply to
the on-sale of 3.2 percent malt liquor:
Page 16
MinutesBdina City CounciVMarch 1,1999
Subd. 1 Place of Serving and Consumption. 3.2 percent malt liquor sold pursuant
to a 3.2 percent malt liquor (license shall be seped and consumed at tables in the
dining or refreshment room on the licensed premises and shall not be consumed or
served at bars; provided, the same may be consumed or served at the following
locations:
A. At counters where food is regularly served and consumed.
B. On decks, patios and other outdoor dining areas which are adjacent to the
licensed premises.
C. On grounds of a golf course.
Subd. 2 Temporary Licenses. The provisions of Subd. 1 of this Subsection do not
apply to 3.2 percent malt liquor sold pursuant to a Temporary 3.2 Percent Malt
Liquor License.
900.12 Special Requirements for the On-sale of Wine, Intoxicating Malt Liquor and
Intoxicating Liquor. In addition to the requirements of Subsection 900.10, the following
special requirements apply to the sale of wine, intoxicating malt liquor and intoxicating
liquor sold pursuant to a Wine License or and On-sale Intoxicating Liquor License issued
in accordance with this Section:
Subd. 1
A. Have an exclusive entrance from and exit to the exterior of the building in which
the license premises is located or to a public concourse or public lobby, and have a
physical barrier separating the licensed premises from other areas so as to prevent
the passing of patrons other than through the required entrances and exits.
Licensed Premises. The licensed premises must: I
B. Have a valid food establishment license issued pursuant to Section 720 of this
Code and have adequate space, as determined by the Sanitarian, for the storage,
preparation and handling or service of food and wine.
C. The premises shall not have more than 15 percent of its seating capacity located
at a bar or service counter.
Subd. 2 Licensed Manager. A manager licensed in accordance with this Section
must be present and in charge of the licensed premises at all times that the premises
is open for business.
Subd. 3 Alcohol Awareness Training.
A. Within 30 days following the issuance of a new Wine License or a new On-sale
Intoxicating Liquor License, not less than 75% of the employees authorized to serve
or sell wine or liquor on the licensed premises shall have completed an alcohol
awareness program approved by the Police Chief.
Page 17
MinutesBdina City CounciVMarch 1,1999
E. Not less than 75% of the employees authorized to serve or sell wine or liquor on
the licensed premises must complete an alcohol awareness program approved by
the Police Chief within 90 days prior to an application for license renewal for a
Wine License or a On-sale Intoxicating Liquor License. I
C. An applicant for the issuance or renewal of a Manager’s License must complete
an alcohol awareness program approved by the Police Chief not more than 90 days
prior to the date of application.
Subd. 4 Percentage of Food Sold. Not less than 60 percent of the restaurant’s or
hotel’s gross receipts from the combined sale of food, non-alcoholic beverages, wine
and liquor, on an annual basis, shall be attributable to the sale of food and non-
alcoholic beverages.
Subd. 5
may be sold or consumed on a premises holding a Wine License.
Limit of Alcohol Strength. No wine over 14 percent alcohol by volume
Subd.6
liquor shall be permitted beyond the licensed premises.
Denied Sales or Consumption. No sales or consumption of wine or
Subd.7 Container Volume Restrictions.
consumed in containers larger in volume than one liter.
Wine may not be sold, served or
I Subd. 8 Sale Prices. No licensee shall promote the consumption of wine or liquor
on the licensed premises by any means or methods which result in prices which are
less than those normally charged on the then regularly used menu, including, but
not limited to, two-for-one or similar offers, prizes, coupons, games or barters.
Subd. 9 Diluting, Changing, or Tampering with Wine or Liquor Prohibited. No
licensee shall sell, offer for sale or keep for sale, wine or liquor in any original
package that has been refilled or partly refilled. No licensee shall directly or
through any other person, dilute, or in any manner tamper with, the contents of any
original package so as to change its composition or alcoholic content while in the
original package. Possession on the premises by the licensee of any wine in the
original package differing in composition, alcoholic content or type from the wine
received from the manufacturer or wholesaler from whom it was purchased shall be
prima facie evidence that the contents of the original package have been diluted,
changed or tampered with.
Subd. 10 Sales in Hotels. No sale of wine or liquor shall be made to or in guest
rooms of hotels unless:
A. The rules of such hotel provide for the service of meals in guest rooms;
E. The sale of such wine and liquor is made in the manner which conforms to the
requirements of Subsection 900.12;
C. Such sales is incidental to the regular service of meals to guests in their rooms;
and
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MinutesBdina City CounciVMarch 1,1999
D. The rules of such hotel and the description, location, and number of such guest
rooms are fully set out in the license application;
I \ ' I, I ', I )It
900.13 Restrictions on Transfer of License. No license shall be transferred to any person
or premises by the person or from the premises to whom and for which the license was
granted, by any means whatsoever, including, without limitation, devise or descent or
involuntarily by the operation of law, without the person and premises to whom and to
which the license is to be transferred having first submitted an application containing all
of the information required in an original application, and complying with all
requirements for an original license, and receiving the approval of the Council, and where
required, the Commissioner. Any change in the persons named in the original application
or any change in the information in such original application shall be deemed a transfer
for the purposes of this Section. Provided, however, the following changes shall not be
deemed a transfer:
A. A change in the ownership of a limited partnership comprising 10% or less
cumulatively of the limited partnership during the then license period;
B. A change in ownership of a corporation comprising 10% or less cumulatively of
the stock owners during the then license period; or
C. A change in one of the corporation's officers during the term of the then license.
Provided, however, the corporation shall give notice of a change in officer to the
Clerk and the new officer shall comply with all requirements of this Section and
Section 160 of this Code.
900.14 Penalties; Revocation or Suspension. The penalty and remedy provisions of M.S.
340A.415 are hereby adopted and made a part of this Code and shall be useable by the City
to enforce this Section in addition to the provisions of Sections 100 and 160 of this Code.
Provided, however, the hearing required by said Statute before a license can be suspended
or revolted shall be before the Council and shall be held pursuant to the procedures set
forth in Section 160 of this Code.
900.15 Inactive Licenses. The City Council may revoke an On-sale Intoxicating Liquor
License granted to an establishment which has i) failed to make satisfactory progress
toward completion of the construction of a new licensed premises or ii) ceased operation
for a period of six months or more. The provisions of Subsection 908.14 shall apply to
such revocations.
900.16 Incorporation by Reference. The provisions of M.S. 340A. which are referenced
in this Section are hereby adopted and incorporated by reference and made a part of this
Section, including all regulations of the Commissioner which relate to such incorporated
provisions of M.S. 340A.
Section2 This Ordinance shall be in full force and effect upon passage and
publication.
First Reading: February 16,1999
Second Reading: March 1,1999
Published in the Edina Sun Current: March 10,1999
Page 19
MinutesEdina City Council/March I, I999
Attes
Motion seconded by Member Faust.
Rollcall:
' Ayes: Faust, Hovland, Maetzold, Smith
Ordinance adopted.
Mayor I
Member Hovland stated he has the most difficulty with the fee ordinance personally. As he
understands, license fees are to cover the cost of issuing the license, inspecting the premises,
and regulating the premises. The Council is giving current wine licensees priority, who for
the most part have a substantial history with the City. The City knows what kind of
operators these licensees are and currently charges them $1,000 for a wine license. Member
Hovland stated he can not understand why these licensees should have to pay ten times the
cost of their wine licenses for an intoxicating license. He understands the City patterned their
license fee after the City of Bloomington, but he has not been convinced that Bloomington
was a good example for Edina. For instance he does not know from Bloomington what
percentage of their restaurants must have a 60% food component, or how bar space is limited
in restaurants. Member Hovland stated he did not see, during the Police Chief's presentation,
data that had a basis-in-fact from Edina. It was an adoption of the notions that came out of
the City of Bloomington, not a stand done determination of costs that Edina would directly
incur in enforcing, inspecting and regulating these licensees. While Member Hovland
realizes that Edina does not want to make a mistake, the Council has not even decided how
many licenses they will issue. If only five licenses were issued, $11,000 might be the right
figure; however, untiI it is known how many licenses are going to be issued, the fee should be
lower. This is the part Member Hovland is most uncomfortable with, and he stated his
intention to vote against the fee ordinance because he did not believe that there was enough
of a factual basis to be charging an $11,000 fee for a liquor license.
Mayor Smith asked Member Hovland who he believed should pay the cost of researching the
initial ordinance. He stated he shared Member Hovland's concerns, but would rather err on
the side of collecting adequate fees. Mayor Smith said he has not believed that $1,000 was
ever adequate to cover the cost of administrating wine licenses. He stated his belief that
Edina needs to move forward at this time. Mayor Smith pointed out that Richfield is moving
towards an $11,000 fee and Bloomington has $9,200 fee, but at the Mall of America also
collects a liquor tax. He added this tax is not paid by shop keepers, but instead by customers.
Mayor Smith asked how many licenses Richfield issued. Manager Hughes informed him
Richfield issues seven licenses. Mayor Smith added that more licenses will reduce the cost of
each license, and that the City's contribution on behalf of each of its off-sale stores will also
tend to reduce the cost. However, Mayor Smith believes the fees can always be adjusted
when the fees are reviewed in the fall.
Member Hovland commented that the people of the City of Edina voted on whether they
wanted liquor in restaurants. Perhaps paying associated costs goes with the territory of being
a citizen in a town. The same thing applies for the license cost, but it wilI be the consumers
I
Page 20
MinutesEdina Citv Council/March 1,1999
who pay for the cost at any restaurant. Member Hovland said that he does not believe Edina
can compare itself to other communities because( the living circumstances are different in
each entity. He acknowledged 'that he was somewhat persuaded to support the fee
ordinance, because after his time serving with the Council Members he believes them to be
reasonable. He believes the Council would give back money if it found the fees were
excessive. Mayor Smith admonished that he would not support any kind of rebate; he would
only support a lowering of fees for future years. Member Hovland asked what would
happen if after tracking the data it is found that the actual fee should have been $5,000 or
$6,000. Mayor Smith replied the Council will deal with that issue if and when it arises.
Member Hovland reiterated that the license fee can only cover the costs of enforcing,
inspecting, and regulating the individual proprietors. He expressed concern that the initially
high fees would be used for enforcement with the general public which is not allowed under
law.
I
I
Member Faust acknowledged that the $11,000 fee is high; however, if the Police Chief
believes it is reasonable, she would support it. Member Faust urged staff to keep good
records and, if necessary, fees can be reviewed and lowered for future license fees. She
believes the fee is not too high.
SECTION SUBSEC. PURPOSE OF AMOUNT FEE
FEWCHARGE NO.
900 900.07 On-sale Intoxicating Per Year - $11,000.00 206
Subd. 1 Liquor License
' Mayor Smith reiterated he would be comfortable reducing, not rebating fees in the second
year if at the annual review they were found to be high.
Member Maetzold shares the concern; however, his intuition tells him that $11,000 is a
satisfactory number. Member Maetzold stated he believes the fee should cover the cost of the
initial licensing. He suggested reviewing the fee and enforcement costs later in the year to
ascertain if fees are matching expenses. Member Maetzold related the experience of an
acquaintance in a neighboring municipality who informed Member Maetzold of the
enormous amount of time spent going through revocations and suspensions.
Member Hovland stated again that his only goal was to establish a fair fee. He added he felt
he had insufficient information to determine what a fair fee should be. Member Hovland
expressed concern that the Council had not received a basis-in-fact from staff to know what
Edina's fees should be to cover the issuance, inspection and regulation of the on-sale
intoxicating liquor licenses; for that reason, he feels he must vote against it.
~
Page 21
MinutesEdha Citv Council/March 1,1999
1 Section 2.
to law.
First Reading: February 16,1999
Second Reading: March 1,1999
Published in the Edina Sun-Current:
This ordinance shall be effective after it adoption and publication according
March 10,1999
Attest
Member Faust seconded the motion.
City Clerk Mayor
Rollcall:
Ayes: Faust, Maetzold, Smith
Nay: Hovland
Ordinance adopted.
Manager Hughes recommended that Council adopt the resolution giving preference to
existing wine licensees who submit their on-sale intoxicating liquor license application until
March 16,1999 at 4:30 p.m.
Following a brief discussion Member Hovland introduced the following resolution and
moved its adoption:
RESOLUTION
WHEREAS, the City of Edina has adopted Section 900 of the City Code which regulates
the sale of liquor and wine and provides for the licensing of establishments which sell
liquor and wine; and
WHEREAS, the City of Edina has the authority pursuant to State Law to regulate the
issuance of On-sale Intoxicating Liquor licenses within its corporate limits; and
WHEREAS, the City of Edina may issue not more than 19 On-sale Intoxicating Liquor
Licenses pursuant to State Law; and
WHEREAS, no On-sale Intoxicating Liquor Licenses other than Club On-sale Liquor
Licenses currently exist in the City; and
WHEREAS, the City Council finds it desirable to adopt guidelines which the City Council
will follow in considering the issuance of On-sale Intoxicating Liquor Licenses;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina the
following guidelines are hereby adopted with respect to the issuance of On-sale
Intoxicating Liquor Licenses in the City:
1. Prioritv for Licenses. Until 430 P.M. on March 16,1999, applications for On-sale
Intoxicating Liquor Licenses received from persons and for premises currently
holding a valid On-sale Wine License in the City issued on or before January 1,
1999, will be given priority for consideration. On-sale Intoxicating Liquor
Licenses shall be issued first to applicants with such a priority.
2. Issuance of Remaining Licenses. Following the period referred to above, the City
Council will establish additional guidelines for the issuance of any remaining
On-sale Intoxicating Liquor Licenses.
BE IT FURTHER RESOLVED that the City Council reserves the right to amend from time
to time the provisions of this Resolution. Member Maetzold seconded the motion.
Page 22
I
I
MinutesEdha Citv Council/March 1,1999
Adopted this 1st day of March, 1999.
Rollcall:
Ayes: Faust, Hovland, Maetzold, Smith I Resolution adopted.
Wayne Kostroski, owner of Tejas, thanked the Council for their work. He asked for a point
of information, what was the fee for the country club liquor licenses, if it was also $11,000.
Mr. Kostroski asked if the country club license fees should not be the same as on-sale
licensees. Mayor Smith informed Mr. Kostroski that staff would look into the club fees.
Mayor Smith stated that the City is paying a contribution from each of the City’s liquor
stores.
ORDINANCE NO. 1999-6 ADOPTED - AN ORDINANCE AMENDING SECTION 145.03
OF THE EDINA CITY CODE INCREASING THE RECYCLING AND SOLID WASTE
COMMISSION’S MEMBERSHIP TO SEVEN MEMBERS Mayor Smith explained that he
wished to appoint two student to the Recycling and Solid Waste Commission. In order to
formalize these appointments Section 145.03 of the Code needs to be amended increasing the
Commission’s membership from six to seven.
Member Maetzold made a motion to grant first reading to Ordinance No. 1999-6 also
waiving second reading of the ordinance as follows:
ORDINANCE NO. 1999-6
AN ORDINANCE AMENDING EDINA
CODE SECTION 145 INCREASING
MEMBERSHIP OF THE RECYCLING AND
SOLID WASTE COMMISSION TO SEVEN
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. Subsection 145.03 of the Edina Code of Ordinances is hereby amended to
read as follows:
”145.03 Membership. The Commission shall consist of seven members appointed by the
Mayor with the consent of a majority of the Council. Members of the Commission shall
be residents of the City, shall be appointed for a term of two years and serve until a
successor shall have been appointed. Upon termination of a member’s term, that member’s
successor shall be appointed for the remainder of such term. Members of the Commission
shall serve without compensation and may resign voluntarily or be removed by majority
vote of the Council or pursuant to Section 180 of this Code. Commission members who
discontinue legal residency in the City may be removed from office by the Mayor with the
consent of a majority of the members of the Council.’’
Section 2. This ordinance shall be in full force and effect upon passage and
publication.
First Reading: March 1,1999
Second Reading: Waived
Published in the Edina Sun Current: March 10,1999
Attest
City Clerk Mayor
Page 23
Minutes/Edina City Council/March 1,1999
Member Hovland seconded the motion.
I Rollcalk
Ayes: Faust, Hovland, Maetzold, Smith
Ordinance adopted.
*BID AWARDED FOR TOPDRESSING MIXTURE FOR GREENS AT BRAEMAR GOLF
COURSE Motion made by Member Maetzold and seconded by Member Faust for award
of bid for topdressing mixture for greens at Braemar Golf Course to sole bidder, Leitners,
Inc., at, and not to exceed, $18,000.00.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR TWO, 1999 FIVE GANG FAIRWAY REEL MOWERS FOR
BRAEMAR GOLF COURSE Motion made by Member Maetzold and seconded by
Member Faust for award of bid for 2,1999 Five Gang Fairway Reel Mowers for Braemar
Golf Course to recommended low bidder, North Star Turf, Inc., at $41,998.00, plus tax.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR TWO, CHEVROLET TAHOE POLICE 4 X 2 UTILITY VEHICLES
Motion made by Member Maetzold and seconded by Member Faust for award of bid for
two Chewolet Tahoe Police 4 x 2 Utility Vehicles to Grossman Chewolet under Hennepin
County Cooperative Purchasing Contract #4616B8-232 at $55,074.00. -
I Motion carried on rollcall vote- four ayes.
*BID AWARDED FOR THREE, 1999 FORD CROWN VICTORIA SQUAD CARS Motion
~ - made by Member Maetzold and seconded by Member Faust for award of bid for three,
1999 Ford Crown Victoria squad cars to Superior Ford under Hennepin County
Cooperative Purchasing Contract #5616A8-232, at $62,058.00.
Motion carried on rollcall vote - four ayes.
CLUB ON-SALE AND SUNDAY SALE LIQUOR LICENSES APPROVED Manager
Hughes stated the applications of both the Edina Country Club and Interlachen Country
Club were completed and staff recommended Council consider approving renewal of the
licenses. Member Maetzold made a motion approving the Club On-sale and Sunday
Liquor License renewals for the Edina Country Club and Interlachen Country Club.
Ayes: Faust, Hovland, Maetzold, Smith
Motion carried.
ON-SALE WINE LICENSE RENEWALS APPROVED Manager Hughes presented the list of
restaurants holding on-sale wine licenses recommended for approval. Two restaurants were
recommended with reservation, Ciatti’s Italian Restaurant, no licensed wine manager on
duty and Sidney’s Pizza Caf6, no wine manager on duty on two occasions where a leHer of
warning was issued.
Max Wroten, 3986 Heathcote Road, Deephaven, Director of Operations for Sidney’s Pizza
Caf6, explained the policy of Sidney’s is to rotate managers between stores. With not all of
their restaurants located in cities requiring a licensed wine manager to be on duty at all times,
during the rotation a new manager might be on duty. M. Wroten said Sidney’s has paid
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MinutesEdina City Council/March 1,1999
attention to these warnings and immediately put a new licensed wine manager on duty
process into action. r ’*
Following a brief Council discussion, Member Hovland made a motion approving On-sale
Wine License renewals for the following restaurants: Big Bowl Caf6, Ciatti’s Italian
Restaurant, Dayton’s Boundary Waters Restaurant, D’Amico & Sons, Eden Avenue Grill,
Good Earth Restaurant, Hawthorn Suites Edina, Locanda DeGiorgio Inc., Macaroni Grill,
Pizzeria Uno, Rossini’s Restaurant, Ruby Tuesday, Sidney’s Pizza Cafe, Szechuan Star
Restaurant, Tejas, Two Guys From Italy, and Yorktown Cinema Grill. Member Faust
seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Maetzold, Smith
Motion carried.
3.2 BEER LICENSE RENEWALS APPROVED Manager Hughes presented a list of
applicants for renewal of their 3.2 beer licenses. All necessary docmentation has been
submitted for renewal/ fees have been collected and the Police Department has given their
approval.
Member Maetzold made a motion approving issuance of beer license renewals as follows:
ON-SALE 3.2 BEER LICENSES: Big Bowl Restaurant, Braemar Golf Course, Braemar Golf
Dome, Chico’s of the Midwest Inc., Ciatti’s Italian Restaurant, Corelli’s Pizza & Pasta,
Davanni’s Pizza/Hoagies, Dayton’s Iron Horse Liquors Inc. Restaurant, Eden Avenue
Grill, Hawthorn Suites Hotel, Locanda - DeGiorgio, Inc., New Hong Kong Kitchen,
Pizzeria Uno, QCumbers Inc., Richards Golf Course, Rossini’s, Ruby Tuesday, Sidney’s
Plaza Cafe, Szechuan Star Restaurant, TJ’s Family Restaurant, Two Guys From Italy,
Yorktown Cinema Grill; and OFF-SALE 3.2. BEER LICENSES: Holiday Stationstore #217,
Jerry’s Foods, Kenny’s Market Deli, and Speedway SuperAmerica LLC.
Ayes: Faust, Hovland, Maetzold, Smith
Motion carried.
PUBLIC MOBILE DATA SYSTEM EXPENDITURES APPROVED Police Chief Bernhjelm
indicated at the February 16, 1999, meeting, the Council had directed staff to continue
searching for funding sources to assure the implementation of the public mobile data system.
Staff believes funding the 1999 operating costs which was one roadblock, can be covered with
existing budget and project revenues. Due to the mid-year implementation, total dollars
required for the CDPD system in 1999 will be approximately 60% of the amount previously
discussed or $7,200.00. Chief Bernhjelm said he understands the Council would allocate
$33,000.00 towards the Mobile Data System from the liquor store revenues.
Following a brief Council discussion, Member Maetzold made a motion approving
expenditures for the Mobile Data system to, 1) GECapital at $176,714.00 to implement the
system, and to 2) HTE Inc., at $168,650.00 for laptop computers, mounting hardware, CDPD
modems and the software suite per pricing through State Contract #400120, with funding
through the Federal COPS M.0.R.E grant. Member Hovland seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Maetzold, Smith
I
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MinutesEdha City CounciVMarch 1,1999
Motion carried.
I *ANNUAL BRIDGE CERTIFICATION APPROVED Motion made by Member Maetzold
and seconded by Member Faust accepting the AnnuaI Bridge Certification report as
presented.
Motion carried on rollcall vote - four ayes.
RESOLUTION APPROVED - TOINT POWERS AGREEMENT BETWEEN
BLOOMINGTONEDINA AT WEST 7P STREET FROM PARKLAWN TO
MINNESOTA DRIVE Engineer Hoffman reported the cities of Bloomington and Edina have
met to discuss the improvements to West 77th Street between Minnesota Drive and Parklawn
Avenue. The improvements are a part of the Marketplace development occurring on
hlinnesota Drive and Johnson Avenue adjacent to the Superior Storage site in Edina. The
road improvements are estimated at $746,424.73. Of the total, $364,380.05 worth of road
improvements would occur in Edina on West 77th Street.
In December 1998, the City Council approved the Edina portion of West 77th Street
improvements WEST of Parklawn. The improvements were subject to the approval of a joint
powers agreement being executed by Bloomington and Edina. All of the estimated
$746,424.73 worth of improvements will be financed by Bloomington per the agreement. The
agreement between Bloomington and Edina would be that each party will do its portion of
the 77th Street improvements by December 31,2000, and each city will finance its respective
portion and construct its respective portion. Edina will approve plans and specifications for
the Bloomington portion in Edina. Upon completion of the project, Edina will maintain the
improvements lying within Edina.
Engineer Hoffrnan noted abutting property owners to West 77th Street are aware of the
project. There is no assessment to the property owners for the Bloomington portion. There
may be a necessity to acquire easements and Edina staff will assist them.
Mayor Smith exited the Council Chambers.
Mayor Pro-tern Maetzold called for public comment. None was heard.
Member Faust introduced the following resolution and moved adoption
RESOLUTION APPROVING
JOINT POWERS AGREEMENT BETWEEN
THE CITY OF BLOOMINGTON AND EDINA AT
WEST 7F STREET FROM PARKLAWN TO MINNESOTA DRIVE
WVHEREAS the Cities of Bloomington and Edina are desirous of making certain
improvements to West 77th Street from Parklawn Avenue to Minnesota Drive; and
WHEREAS, said improvements are part of the Marketplace development occurring on
Minnesota Drive and Johnson Avenue adjacent to the Superior Storage site in the City of
Edina; and
WHEREAS the total cost of said improvements is estimated at $746,424.73, of which
$364,380.05 worth of improvements would occur in Edina on West 77th Street; and
Page 26
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I
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MinutesEdina City Councimarch 1,1999
NOW, THEREFORE BE IT RESOLVED BY THE EDINA CITY COUNCIL that the City
Engineer be authorized to execute a joint powers agreement for the aforementioned
improvements stating that:
1.
2.
3.
4.
Each City will finance and construct its respective portion of the 77th Street
improvement;
Each City will complete their respective portion of the 77th Street improvement
by December 31,2000;
The City of Edina will approve plans and specifications for the Bloomington
portion in Edina;
Upon completion Edina will maintain the improvements that lie within Edina.
Adopted this 1st dayof March, 1999. Member Hovland seconded the motion.
Ayes: Faust, Hovland, Maetzold, Smith
Resolution approved.
APPOINTMENTS AND RE-APPOINTMENTS TO BOARDS, COMMISSIONS AND
COMMITTEES Mayor Smith requested endorsement of his recommendations for
appointments and re-appointments to various boards, commissions and committees with
terms as follows:
Term to: Name Board/ Committee/ Commission
Michael Kelly Re-appointed to Community Education Services Board 6/3O/ 99
Jean Rydell Re-appointed to Community Education Services Board 6/3O/ 99
Patrick Wilson (C) Community Health Services Advisory Board 2/1/01
Jan Borman (P) Community Health Services Advisory Board 2/1/02
Floyd Grabiel Park Board
George Kzus Park Board
Andrew Finsness Park Board
Charles W. Mooty Park Board
Linda Presthus Park Board
Karla Sitek Park Board
2/1/00
2/1/00
2/1/02
2/1/02
2/1/02
2/1/02
K.C. Glaser (Student) Recycling and Solid Waste Commission 2/1/01
Shelly Lipetzky (Student) Recycling and Solid Waste Commission 2/1/00
Mayor Smith noted vacancies exist on the Art Center Board and the Human Relations
Commission at present. He encouraged the Council to submit the names of interested parties
to him for consideration of appointment.
Member Faust made a motion endorsing the appointments and re-appointments to the
various advisory boards, commissions and committees as previously noted. Member
Maetzold seconded the motion.
Ayes: Faust, Hovland, Maetzold, Smith
Motion carried.
“PETITION RECEIVED REQUESTING STREET LIGHT INSTALLATION AT
INTERSECTION OF ELLSWORTH DRIVE AND WOODDALE AVENUE Motion made
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MinutesEdha Citv Council/March 1,1999
by Member Maetzold and seconded by Member Faust acknowledging receipt of a petition
from residents in the area of Ellsworth Drive, Wooddale Avenue and Dunham Drive,
requesting installation of street lighting at the intersection of Ellsworth Drive and
Wooddale Avenue has been turned over to the Engineering Department for processing as
to feasibility.
I
Motion carried on rollcall vote - four ayes.
CLAIMS PAID Motion made by Member Hovland approving payment of the following
claims as shown in detail on the Check Register dated February 24,1999, and consisting of
32 pages: General Fund $267,044.22; Communications $3,349.22; Working Capital
$13,155.68; Art Center $12,682.76; Golf Dome Fund $$9,215.66; Swimming Pool Fund
$1,131.27; Golf Course Fund $19,819.09; Ice Arena Fund $4,750.32; Edinborough/CentenniaI
Lakes $14,692.47; Utility Fund $304,487.10; Storm Sewer Utility Fund $1,746.29; Liquor
Dispensary Fund $160,232.47; Construction Fund $6,118.88; Park Bond Fund $49,555.00;
TOTAL $867,980.43. Member Maetzold seconded the motion.
.
Rollcall:
Ayes: Faust, Hovland, Maetzold, Smith
Motion carried.
There being no further business on the Council Agenda, Mayor Smith adjourned the Council
Meeting at 9:43 P.M.
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