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1979-01-2311 REGULAR MEETING OF THE CITY COUNCIL January 23, lP7~ Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota was held at 5341Maywood Road in said City on January 23, 1979 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Robert Polston and Benjamin Withhart. Also present were City Manager Leonard L. Kopp, City Attorney Curtis A. Pearson, City Engineer William McCombs and City Clerk Mary H. Marske. MINUTES The minutes of the meeting of January 2, 1979 were presented for consideration. Swenson moved and Withhart seconded a motion to approve the minutes of the meeting of January 2, 1979 as submitted. The vote was four in favor with Ulrick absent. The minutes of the meeting of January 9, 1979 were presented for consideration. Swenson moved and Withhart seconded a motion to approve the minutes of the meet- ing of January 9, 1979 as submitted. The vote was four in favor with Ulrick absent. PUBLIC HEARINGS Rezoning - County Road 44 and County Road 110 The Mayor then re-opened the public hearing for input on said rezoning and persons present to do so were afforded an opportunity to express their views thereon. The following persons offered comments or questions: Mark Ohnstad, 7400 Metro Blvd. Steve Koral, 2936 Westedge Blvd. Richard DeVinney, 2928 Westedge Blvd. Charles Jackson, 6311 Bayridge Road The Mayor then closed the public hearing. Withhart moved and Swenson seconded a motion to continue this public hearing to February 27, 1979. The vote was three in favor with Polston voting nay and Ulrick absent. Street Improvements - Commerce Boulevard Lovaasen moved and Swenson seconded a motion to continue this hearing pending the arrival of the City Engineer. The vote was four in favor with Ulrick absent. Gambling Ordinance The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said gambling ordinance. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for input on said gambling ordinance and persons present to do so were afforded an opportunity to express their views there- on. The following persons offered comments or questions: Charles Jackson, 6311 Bayridge Road Donald Abel, 3026 Highland Gene Hanson, Tonka Bay Louis Oberdeck, 2717 Clare Road Charles Anderson, representing the Lions Hazel Neal, respresenting the V.F.W. Auxiliary The Mayor then closed the public hearing. January 23, 1979 Swenson moved and Lovaasen seconded a motion to ordain that the following Section 43 be added to the City Code as Ordinance No. 393. ORDINANCE NO. 393 AN ORDINANCE ADDING CHAPTER 43 TO THE CITY CODE LICENSING AND REGULATING THE CONDUCT OF GAMBLING AND ESTABLISHING LICENSE FEES, AND AMENDING IN- CONSISTENT ORDINANCES AND PROVIDING PENALTIES~ FOR VIOLATIONS THE CITY OF MOUND DOES ORDAIN: Chapter 43 is hereby added to the City Code and shall read as follows: Chapter 43 Licensing And Regulating Certain Gambling Section 43:00 Purpose. The purpose of this section is to regulate and control the conduct of certain gambling activities pursuant to the provisions of Minnesota Statutes, Chapter 349, and Laws of Minnesota, 1978, Chapter 507. Section 43:05 Provisions of State Law Adopted. The provisions of Minne- sota Statues, Chapter 349 and Laws of Minnesota, 1978, Chapter 507, relating to the definition of terms, licensing, restrictions of gambling are adopted and made a part of this ordinance as if set out in full. Section 43:10 Definitions. Subdivision 1. For the purposes of this ordinance the terms defined in this ordinance have the following meanings. Subd. 2. "Gambling dev|cesI' mean those gambling devices known as "paddle- wheels" or "tipboards", or apparatus used in conduction raffles. Subd. 3. "Paddlewheel" means a wheel marked off into sections containing one or more numbers, and which, after being turned or spun, uses a pointer or marker to indicate winning chances. Subd. 4. "Tipboard" means a board, placard or other device measuring at least 12 inches square, marked off in a grid or similar pattern, in which each section contains a hidden number or numbers, or other symbol, which determines the winning chances. Subd. 5. "Raffle'l means a game in which a participant buys a ticket for a chance at a prize with the winner determined by a random drawing. Subd. 6. "Profit" means the gross receipts from the operation of gambling devices and the conduct of raffles, less reasonable sums expended for prizes, local licensing fees, taxes and maintenance costs for the devices. Subd. 7. Nothing in this ordinance shall be construed to authorize any use, possession or operation of: (a) Any gambling device which is activated by the insertion of a coin or token; or (b) Any gambling game or device in which the winning numbers, tickets or chances are in any way determined by the outcome of any athletic con- test or sporting event. Section 43:15 License Requirement. No person shall directly operate a gamb- ling device or conduct a raffle except as authorized by statute and this code and unless a license to do so, as provided in this ordinance, has first been obtained. Section 43:20 Persons Eligible for a License. A license shall be issued only to fraternal religious and veterans organizations, or any corporation, trust or associated organized for exclusively scientific, literary, charitable, education- al, or artistic purposes, or any club which is organized and operated exclusively January 23, 13 for pleasure or recreation. Such organization must have been in existence for at least 3 years and shall have at least 30 active members, and qualify pursuant to M.S.A. 349.26 Subd. 9. Section 43:25. Licenses and Fees. Subdivision 1. License Fees. There are two types of licenses which may be issued by the city for each device or occasion, i. e. (a) a single occasion temporary license fee and (b) an annual license fee. The single occasion temporary license fee for each device is $15.00. The annual license fee to operate a paddle wheel or to conduct a raffle or to operate a tipboard is $75.00 for each device or combination of all three types of devices. Annual license fees shall not be prorated for a portion of a year. All licenses shall expire on February 1 next after the date of issue. Subd. 2. Application Procedure. Application for a license shall be made upon a form prescribed by the City Manager so as to provide the information necessary to permit the council to determine whether to grant or deny a license application. No person shall make a false representation in an application within 180 days from the date of application, but it shall not issue a license until at least 30 days after the application has been made. Subd. 3. The ap'plications shall contain an agreement on the part of the applicant that if the license being applied for is granted, the licensee will save the city and its officers, agents harmless against any claims or actions and the costs of defending any claims or actions arising out of or by reason of the granting of the license or the conduct of any of the activities authorized by the license. Section 43:30. Profits. Profits from the operation of gambling devices or the conduct of raffles shall be used only for proper purposes as defined in Minnesota Statutes, Section 349.12, Subdivision 6. Section 43:35. Conduct of Gambling. Subdivision 1. Gambling Manager. All operating of gambling devices and the conduct of raffles shall be under the supervision of a single gambling manager to be designated by the licensed organization. The gambling manager shall be responsible for gross receipts and profits from gambling devices and raffles and for their operation. The gambling manager shall be responsible for using profits for authorized purposes only. Subdivision 2. Bond. The gambling manager shall provide a fidelity bond in the sum of $10,000 in favor of the organization obtaining the license, conditioned upon the faithful performance of his duties. Subdivision 3. Qualifications of Gambling Manager. The gambling manager shall be an active member of the organization and shall qualify to act in such capacity under applicable state law. Section 43:40. Compensation. No compensation shall be paid to any person in connection with the operation of a gambling device or the conduct of a raffle by a licensed organ~ation. No person who is not an active member of an organization, or the spouse or surviving spouse of an active member, may participate in the organ~ation's operation of a gambling device or the conduct of a raffle. Section 43:45. Reporting Requirements. Subdivision 1. Gross Receipts. Each organization licensed to operate gambling devices shall keep 14 January 23, 1979 record of its gross receipts, expenses and profits for each single gathering or occasion at which gambling devices are operated or a raffle is conducted. All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduc- tion, and the recipient. The distribution of profits shall be itemized as to each payee, purpose, amount, and date of payment. Subdivision 2. Separation of Funds. Gross receipts from the operation of gambling devices and the conduct of raffles shall be segregated from other revenues of the organization, and placed in a separate account. The person who accounts for gross receipts, expenses, and profits from the operation of gambling devices or the conduct of raffles shall not be the same person who accounts for other revenues of the licensed organization. Subdivision 3. Monthly Reports. Each organization licensed to operate gambling devices or to conduct raffles shall report monthly to its membership, and to the City Clerk, its gross receipts, expenses and profits from gambling devices or raffles, and the distribution of profits. The licensee shall preserve such records for at least 3 years. Section 43:50. Eligible Premises. Gambling devices shall be operated and raffles conducted by a licensed organization only upon premises which it owns or leases, except that tickets for raffles may be sold off the premises. Leases shall be in writing and shall be for a term of at least one year. No lease shall provide that rental payments be based upon a percentage of receipts. A copy of the lease shall be filed with the City Clerk at the time of the application and it shall comprise a part of the application. Section 43:55. Prizes. Total prizes from the operation of paddle wheels and tipboards awarded in any single day in which they are operated shall not exceed $500. Total prizes resulting from any single spin of a pad. d. le wheel or from any single tipboard shall not exceed $100. Total prizes awarded in any calendar year by any organization shall not exceed $15,000. Section 43:60. Bingo. Nothing in this ordinance shall be con- strued to authorize the conduct of bingo without acquiring a separate bingo license as required by other applicable city ordinance provisions. Section 43:65. Penalties. Subdivision. 1. Violation is Mis- demeanor. Violation of any provision of this ordinance is amis~meanor and shall be punishable in accordance with the applicable statutory and city code provisions relating to misdemeanors. Subdivision 2. Suspension and Revocation. Any license may be suspended or revoked for any violation of this ordinance. No licensee shall have a vested right in any license issued hereunder, and licenses issued hereunder may be suspended or revoked by the council. The license shall be revoked upon a showing that the licensee violated or caused to be violated any provisions of this ordinance, or of state law regulating the licensing or conduct of gambling devices. The license shall also be revoked in the event of any misrepresentation in the license application or may be suspended or revoked for failure by the licensee to make any reports re- quired of the licensee. 15 January 23, 1979 Subdivision 3. Procedure. A license shall not be revoked under subdivision 2 until a notice has been given to the licensee and the licensee has been given an opportunity for a hearing. The notice shall be personally served on the gambling manager, or an officer of the licensed organization. It shall state the statutory of ordinance provision believed to have been violated and shall indicate that the licensee may demand a hearing on the proposed revocation of the license. If a hearing is demanded, the license shall not be revoked until after the hearing is held. If the licensee requests a hearing in writing, it shall be held by the city council or a committee of the city council, as the council may deem appropriate, at least one week after the date on which the request is made. If, as a result of the hearing, the council finds that the licensee has violated or has per- mitted the violation of this ordinance or applicable statutory law relating to gambling, the council may suspend or terminate the license. Section 43:70. Modification of Other Ordinance Prohibitions. The prohibitions contained in Sections 54.20, 54.21, 54.26, 54.40, and 60.02 subdivisions j and 1 of the City Code shall not apply to activities licensed and conducted in accordance with this Chapter 43. The vote was three in favor with Polston voting nay, Ulrick absent, so ordained. Street Improvements - Commerce Boulevard Withhart moved and Polston seconded the motion to place this item on the table. The vote was four in favor with Ulrick absent. The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said street improvement. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for input on said street improvements and persons present to do so were affo~ed an opportunity to express their views thereon. The following persons offered comments or questions: Bud Skoglund, 5823 Bartlett Blvd Ron Gehring, 3215 Charles Lane Don Abel, 3026 Highland Blvd Janet Gellman, 3056 Highland Blvd The Mayor then closed the public hearing. Swenson moved and Withhart seconded a motion to continue this item to February 13, 1979. The vote was four in favor with Ulrick absent. Councilmember Ulrick arrived at ~.-r~(~p.m. 9:45 PARK COMMISSION MINUTES Swenson moved and Withhart seconded a motion RESOLUTION 79-37 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PARK COMMISSION ON ITEMS 1,2,3,4,7,8,9,11, AND 13 IN THEIR MINUTES OF JANUARY 11, 1979 The vote was unanimously in favor. Polston moved and Ulrick seconded the motion RESOLUTION 79-38 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PARK COMMISSION MINUTES ON ITEMS 5 & 6A WITH DES- IGNATION ON TABLES INDICATING THEIR AVAILABLITY FOR PUBLIC USE. The vote was unanimously in favo~ 16 January 23,1979 Lovaasen moved and Swenson seconded a motion to refer item 12 back to the Park Commission. The vote was unanimously in favor. Ulric~ moved and Polston seconded a motion RESOLUTION 79-39 RESOLUTION TO CONCUR WITH THE PARK COM- MISSION ON ITEM 6B IN THEIR MINUTES OF JANUARY 11, 1979. The vote was unanimously in favor. Polston moved and Withhart seconded a motion RESOLUTION 79-40 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PARK COMMISSION ON ITEM 10 IN THEIR MINUTES OF JANUARY 11, 1979. The vote was unanimously in favor. STREET, SEWER, AND WATER IMPROVEMENTS Televising Sewer Lines Polston moved and Swenson seconded a motion RESOLUTION 79-41 RESOLUTION AUTHORIZING THE ENGINEER TO PROCEED TO OBTAIN QUOTATIONS FOR TELEVISING SEWER LINES. The vote was unanimously in favor. Request For Sewer And Street Extension Ulrick moved and Withhart seconded a motion RESOLUTION 79-42 RESOLUTION REQUESTING A FEASIBILITY REPORT BE PREPARED FOR THE STREET, SEWER, AND WATER EX- TENSION REQUESTED. The vote was unanimously in favor. Watermain Replacement - Belmont Lane Polston moved and Swenson seconded a motion RESOLUTION 79-43 RESOLUTION REQUESTING THE ENGINEER TO PREPARE A COST STUDY ON REPLACEMErlT OF THE WATER LINE ON BELMONT LANE. The vote was unanimously in favor. Bike Hike Paths Swenson moved and Withhart seconded a motion RESOLUTION 79-44 RESOLUTION AUTHORIZING THE CONSTRUCTION OF BIKE HIKE PATHS AS RECOMMENDED IN COUNCIL MEMORANDUM 79-9. The vote was unanimously in favor. LONG TERM DISABILITY INSURANCE BIDS Withhart moved and Ulrick seconded a motion RESOLUTION 79-45 RESOLUTION AUTHORIZING AWARD OF LONG TERM DISABILITY INSURANCE TO THE LOW AND ONLY BIDDER - MUTUAL BENEFIT LIFE. The vote was unanimously in favor. January 23, 1979 COMMENTS AND SUGGEST~0NS FROM CITIZENS PRESENT Sandra Andrews, Human Rights Commission representative, submitted a copy of the No Fault Grievance and Charge Processing for local Commission's from the State Human Rights Commis~!onfor the Council's study. OUTDATED VARIANCE AUTHORIZATION David Linner, 1890 Shorewood Lane requested the Council to consider his reapplication for a street variance. Swenson moved and Withhart seconded a motion RESOLUTION 79-46 RESOLUTION TO APPROVE A STREET FRONT VARIANCE UPON APPROVAL OF PLANNING COMMISSION. The vote was unanimously in favor. REQUESTED LAND SURVEY Lovaasen moved and Withhart seconded a motion to refer this to the Planning Commission. The vote was unanimously in favor. TAX FORFEIT LAND - LOT 17, BLOCK 7, SHADYWOOD POINT Lovaasen moved and Polston seconded a motion to refer this to the Planning Commission. The vote was unanimously in favor. BINGO PERMIT Polston moved and Withhart seconded a motion RESOLUTION 79-47 RESOLUTION APPROVING ISSUANCE OF A BINGO The vote was unanimously in favor. FOOD STAMPS PERMIT FOR THE AMERICAN LEGION FOR FEBRUARY 24, APRIL 7, AND NOVEMBER 3, 1979. Withhart moved and Lovaasen seconded a motion RESOLUTION 79-48 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE COUNTY TO ISSUE FOOD STAMPS. The vote was unanimously in favor. 1978 AUDIT Polston moved and Ulrick seconded a motion RESOLUTION 79-50 ~ESOLUT[~N ~UTHOR!Z!NG PAYMENT ~ ADDiTiONaL FEES TO THE AUD!'TOR FOR sE~VI~CES NOT TO EXCEED $400. The vote was four in favor with Swenson voting nay. RESOLUTION RELATING TO BUSINESS EXPENSES OF THE MAYOR AND CITY COUNCIL. ~7 The vote was unanimously in favor. CONSULTING SERVICES The Council determined to refer this back to staff. COUNCILMEN'S EXPENSE Swenson moved and Withhart seconded a motion RESOLUTION 79-49 January 23, 1979 DELINQUENT UTILITY BILLS Ulrick moved and Withhart seconded a motion RESOLUTION 79-51 The vote was unanimously in favor. RESOLUTION PROVIDING FOR A PUBLIC HEARING ON DELINQUENT UTILITY ACCOUNTS TO BE HEARD FEBRUARY 6, 1979 AT 7:30 P.M. VACATION OF PART OF HANOVER AND DRUMMOND ROAD /Vithhart moved and Swenson seconded a motion RESOLUTION 79-52 The vote was unanimously in favor. PLANNING GRANT RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE VACATION OF PART OF ttANOVER AND DRUMMOND ROADS TO BE HEARD ON FEBRUARY 13, 1979 AT 7:30 P.M. Polston moved and Withhart seconded a motion RESOLUTION 79-53 The vote was unanimously in favor. MINNESOTA CITIES WEEK RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE METROPOLITAN COUNCIL TO PREPARE A COM- PREHENSIVE PLAN. Swenson moved and Withhart seconded a motion RESOLUTION 79-54 RESOLUTION OF PARTICIPATION IN MINNESOTA CITIES WEEK. The vote was unanimously in favor. PAYMENT OF BILLS Swenson moved and Polston seconded a motion to approve payment of the bills in the amount of $288,768.33 as presented on the prelist where funds are available. Roll call vote was unanimously in favor. INFORMATION MEMORANDUMS Beachside Environmental Assessment The City Manager briefly reported on the status of the Beachside Environmental Assessment. Managers Report on Police Department Swenson; In reading the confidential report, on page 4 time off by Sergeant Hudson it is noted the city received 11½ days work that Hudson did not get paid for. Question - Does the city owe Hudson 11½ days or 11½ days comp time to be carried over into 19797 RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN CITY FUNDS. The vote was unanimously in favor. TRANSFER OF FUNDS Swenson moved and Polston seconded a motion RESOLUTION 79-55 January 23, 1979 Kopp: I don't know, he hasn't asked for anything yet. Swenson: Has Hudsonls time off in 1978 been all documented so the time in the confidential report is authentic? Kopp: You have all the information I have. AGENDA ITEMS FOR MEETING OF FEB.RUARY 6, 1979 Councilmember Ulrick requested that letters and matters from the City of Spring Park be placed on the agenda of February 6, 1979. ADJOURNMENT Swenson moved and Withhart seconded a motion to adjourn to the next regular meeting on February 6, 1979 at 7:30 p.m. The vote was unanimously in favor, so adjourned. Mary H.~/Marske, City Clerk/Treasurer LeO~a~d L. Kopp, City Manager~ ~ f