01-02-2007 First City Council Meeting January 2, 2007
)
Following the swearing-in of newly elected mayor and city councilmembers by Judge Albertson,the first
City of Scandia Council meeting was held.Mayor Dennis Seefeldt called the meeting to order at 8:00 p.m.
The following councilmembers were present: Mayor Dennis Seefeldt, Pete Crum,Michael Harnetty,
Dolores Peterson, Donnette Yehle; City Administrator Anne Hurlburt.
ORDINANCE NO. 91 —ESTABLISHING RULES FOR THE ORGANIZATION AND PROCEDURE
OF THE CITY COUNCIL OF THE CITY OF SCANDIA
The first order of business was to adopt rules for the organization and procedure of the City Council through
an ordinance, as recommended by the MN League of Cities. A draft ordinance was reviewed. The practice
of holding a City Council meeting along with the Planning Commission on the first Tuesday of the month
will continue. Councilmember Yehle suggested staff reports be moved up on the agenda to better
accommodate the use of the police and fire chiefs time. Mayor Seefeldt felt that the agenda may be flexible
to allow for addressing reports earlier in the meeting if necessary. As Public Hearings will be posted to
begin at 7:00 p.m., it was decided to have the hearings scheduled at the front of the agenda. It will be the
practice of the council to approve the agenda at the beginning of the meeting so that any additions can be
noted at that time and will be acted upon at the appropriate place in the meeting. A separate meeting will no
longer be held prior to the start of the business meeting for the payment of vouchers. The councilmembers
will receive a list of all claims to be paid prior to the meeting. This will allow the business meeting to begin
at 7:00 p.m. and eliminate the handling of bills and checks at the Council table.
Dolores Peterson made a motion to adopt Ordinance 91 Establishing Rules for the Organization and
Procedure of the City Council of the City of Scandia.Pete Crum seconded the motion and motion
adopted unanimously.
RESOLUTION 01-02-07-01— APPOINTMENT OF AN ACTING MAYOR AND OTHER CITY
OFFICIALS AND REPRESENTATIVES
Councilmember Peterson nominated Michael Harnetty to serve as Acting Mayor for 2007 in the absence of
Mayor Seefeldt.No other nominations were made.
Donnette Yehle made a motion to appoint Michael Harnetty as Acting Mayor. Pete Crum seconded
the motion and motion adopted unanimously.
Resolution 01-02-07-01 includes the appointments of additional city staff and representatives.
Michael Harnetty made a motion to adopt Resolution 01-02-07-01 Appointing an Acting Mayor and
Other City Officials and Representatives. Donnette Yehle seconded the motion and motion adopted
unanimously.
RESOLUTION 01-02-07-02—DESIGNATING OFFICIAL DEPOSITORIES FOR 2007
Councilmembers reviewed the recommendations for depositories for banking and investment purposes.
Michael Harnetty made a motion to adopt Resolution 01-02-07-02 Designating Official Depositories
for 2007. Dennis Seefeldt seconded the motion and motion adopted unanimously.
RESOLUTION 01-02-07-03—RATIFYING SURETY AND BLANKET BONDS FOR CITY
EMPLOYEES FOR 2007
State Statutes require the City to provide surety and blanket bonds to ensure the faithful performance of
various employees.
Dolores Peterson made a motion to adopt Resolution 01-02-07-03 Ratifying Surety and Blanket Bonds
for City Employees for 2007. Donnette Yehle seconded the motion and motion adopted unanimously.
January 2, 2007
Scandia City Council
Page 2
DESIGNATION OF AN OFFICIAL NEWSPAPER FOR 2007
Attorney Hebert reviewed the state law qualifications a paper needs to meet to be designated as an official
newspaper. For a city the size of Scandia,the paper must have at least 500 copies delivered to local residents
and have an office located within the county. As the Country Messenger,the designated legal paper for
2006,has a circulation of 359 and an office outside of Washington County, it does not meet the legal
qualifications. The Forest Lake Times also submitted a bid. The Times delivers to 965 households in the
55073 zip code and does meet the qualifications. The Council discussed that although the Messenger is the
local paper, legally it does not qualify. The councilmembers agreed that the designated legal paper needs to
reach as many readers as possible. Carter Johnson, editor of the Country Messenger, was present and asked
the council if the decision could be reconsidered at a future time.Mr. Johnson was told that if he could
supply supporting conditions of meeting legal requirements, the Council could take the matter up at another
time within the year.
Donnette Yehle made a motion to designate the Forest Lake Times as the official newspaper for the
City of Scandia in 2007.Michael Harnetty seconded the motion. Voting as follows: Crum—yes;
Peterson—yes; Seefeldt—yes; Harnetty—yes; Yehle—yes.Motion adopted.
RESCHEDULING THE JANUARY PLANNING COMMISSION MEETING
Due to an error on the part of the Country Messenger,required legal notices for public hearings that were
scheduled for January 9, 2007 were not published. A new date of January 23, 2007 was selected to hold the
City Council and Planning Commission meetings. Publication and mailing deadlines can be met for this
date.
Michael Harnetty made a motion to reschedule the January 9,2007 City Council and Planning _
Commission meetings to January 23,2007. Donnette Yehle seconded the motion and motion adopted
unanimously.
BOARD OF APPEALS AND EQUALIZATION MEETINGS
Washington County needs to include meeting dates for the Board of Appeals and Equalization for the City
of Scandia in notices to taxpayers. The County has tentatively set the date for April 9, 2007 from 4:00 p.m.
to 6:00 p.m. A reconvened meeting needs to occur within 20 days.
Dolores Peterson made a motion to approve the dates of April 9,2007 from 4:00 p.m. to 6:00 p.m.
with a reconvened meeting on April 17, 2007 at 6:30 p.m.for the Board of Appeals and Equalization
meetings. Michael Harnetty seconded the motion and motion adopted unanimously.
CITY COUNCIL REGULAR MEETING SCHEDULE FOR 2007
The Council reviewed the meeting schedule for 2007. The practice of holding its regular meeting on the
third Tuesday of the month and a meeting with the Planning Commission on the first Tuesday of the month,
as the Town Board had met,will be continued. Notice of any special meetings will be posted at the
Community Center.
Pete Crum made a motion to adopt the City Council meeting schedule for 2007.Donnette Yehle
seconded the motion and motion adopted unanimously.
CITY COUNCIL AND ADVISORY COMMITTEES
The Council reviewed the status of current committees. Both the Planning Commission and the Park and
Recreation Committee each have one vacancy. The Incorporation Committee will be abolished. The Road
Committee, formed to provide input on paving projects, evaluate road repair issues and advise on capital
improvement for equipment, will be disbanded as it was felt that these issues would better fit with the
Capital Improvement Committee. A Public Works Supervisor will evaluate and monitor pavement
conditions and report to the Administrator. The addition of a Comprehensive Plan Committee will be
January 2, 2007
Scandia City Council
Page 3
necessary for the update of the Comp Plan as needed by the end of 2008. The need for a Commercial and
Retail Development Committee was also agreed upon. Additional discussion continued on the structure of
the Rural Landscape Preservation Committee,perhaps expanding the scope and emphasizing"Rural
Character Preservation"as its mission. Councilmember Harnetty felt that the Park and Recreation
Committee may be devoting too much time on environmental elements rather than programs and facilities
and that there may be a need for an environmental committee. Councilmembers Harnetty and Crum were
appointed to review the current standing committees and report on recommendations at a future meeting.
Donnette Yehle made a motion to proceed with advertising a notice for filling appointments to the
Planning Commission,Park and Recreation Committee, Comprehensive Plan Committee and a
Commercial and Retail Development Committee. Dolores Peterson seconded the motion and motion
adopted unanimously.
February 15, 2007 was selected as a deadline for applications to the Planning Commission, so that an
appointment can be made by the March meeting.
ORDINANCE 92—REGULATING THE SALE AND USE OF TOBACCO PRODUCTS WITHIN
THE CITY OF SCANDIA
Washington County has renewed all current tobacco licenses for 2007.No new licenses may be approved
until the city adopts its own ordinance.
Dolores Peterson made a motion to adopt Ordinance 92 Regulating the Sale and Use of Tobacco
Products within the City of Scandia. Dennis Seefeldt seconded the motion and motion adopted
unanimously.
RESOLUTION 01-02-07-04—SETTING TOBACCO LICENSE FEES
The proposed license fees are the same as that charged by Washington County for 2007.
Donnette Yehle Made a motion to approve Resolution 01-02-07-04 Setting Tobacco License Fees.
Dolores Peterson seconded the motion and motion adopted unanimously.
ORDINANCE 93—ADOPTING LIQUOR REGULATIONS FOR THE CITY OF SCANDIA
Current liquor licenses issued by Washington County will expire on March 31, 2007. The city must adopt a
liquor ordinance, followed by a public hearing to set fees after a 30 day written notice to license holders.
Pete Crum made a motion to adopt Ordinance 93 Adopting Liquor Regulations for the City of
Scandia.Michael Harnetty seconded the motion and motion adopted unanimously.
The public hearing to set fees will be scheduled for February 20, 2007.
ORDINANCE 94—SETTING SALARIES OF MAYOR AND CITY COUNCIL
Councilmembers Peterson and Yehle worked with Administrator Hurlburt to draft an ordinance setting
salaries for the council. A salary of$3,700 per year for Mayor and$3,000 per year for Councilmember was
presented. There would be no additional compensation to members that serve on special committees. The
total compensation for 2007 would equal $15,700. The amount budgeted for 2007 was $16,000. This
amount falls slightly below the average compensation level for a city between 4,000 to 6,000 in population
as calculated by the League of MN Cities.
Donnette Yehle made a motion to adopt Ordinance 94 Establishing Compensation for the Mayor and
City Council of the City of Scandia.Dolores Peterson seconded the motion and motion adopted
unanimously.
January 2, 2007
Scandia City Council
Page 4
REIMBURSEMENT POLICY
Councilmembers reviewed an expense reimbursement policy as drafted by Administrator Hurlburt.
Compensation for Planning Commission and committee members would be changed from a per meeting or
per hour rate to a flat dollar amount,to be paid quarterly. Members would need to attend a majority of the
official meetings during that quarter to receive their payment. Compensation for Planning Commission and
Park and Recreation Committee are addressed in the policy as follows:
Planning Commission member : $250 per quarter
Planning Commission chair : $300 per quarter
Park and Rec Committee : $60 per quarter
Compensation for any other advisory committee members shall be set by the City Council when the
appointment is made.
Dolores Peterson made a motion to approve the Expense Reimbursement Policy for the City of
Scandia. Michael Harnetty seconded the motion and motion adopted unanimously.
CITY COUNCIL TRAINING AND ORIENTATION NEEDS
A Workshop Meeting of the Council will be scheduled for January 30, 2007 at 7:00 p.m. to review the city's
budget and finances. An Open Meeting Law video from the League of MN Cities will also be viewed. Prior
to the Board of Appeals,the council must have at least one member receive training on this process. Michael
Harnetty has previously attended the training. Donnette Yehle and possibly Pete Crum will attend the
January 18, 2007 Board of Appeals training. The League of MN Cities is offering training to
councilmembers at a conference scheduled for January 26 and 27, 2007. Michael Harnetty and Donnette
Yehle indicated that they would attend this conference.
Councilmember Harnetty indicated a need for a communications point person designated to issue a press
release of the official version of city business as decided by the council. A need for quarterly newsletters
was also discussed. Councilmember Harnetty and Administrator Hurlburt will discuss this topic and provide
a position statement at a future meeting.
Dolores Peterson made a motion to adjourn.Dennis Seefeldt seconded the motion and meeting
adjourned at 10:00 p.m.
Res ectfully submitted,
Brenda Eklund
City of Scandia Deputy Clerk
CITY OF SCANDIA
CITY COUNCIL AGENDA
January 2, 2007
SWEARING-IN OF MAYOR AND CITY COUNCIL 7:00 P.M.
BUSINESS MEETING 8:00 P.M.
1. Call to Order and Pledge of Allegiance
2. Roll Call
3. General Business
a) Ordinance Establishing Rules for the Organization and Procedure of the City Council
(Ordinance No. 91)
b) Appointment of Acting Mayor and Other Officials (Resolution 01-02-07-01)
c) Designate Official Depositories (Resolution 01-02-07-02)
d) Ratify Surety and Blanket Bonds (Resolution 01-02-07-03)
e) Designate Official Newspaper
f) Reschedule January 9,2007 City Council and Planning Commission Meetings
g) Dates for Meetings of Board of Appeal and Equalization
h) City Council Regular Meeting Schedule for 2007
i) Council and Advisory Committees and Appointments
j) Ordinance Regulating the Sale and Use of Tobacco Products with the City of Scandia
(Ordinance No. 92) and Resolution Setting License Fees (Resolution 01-02-07-04)
k) Ordinance Adopting Liquor Regulations for the City of Scandia(Ordinance No. 93)
1) Ordinance Setting Salaries of Mayor and City Council (Ordinance No. 94)
m) Reimbursement Policy including Compensation for Commission and Committee
Members
n) Council Orientation and Training
1) Open Meeting Law
2) Other
4. Additions to the Agenda.
5. Adjournment.
Meeting Date: 1/2/2007
Agenda Item: a)
City Council Agenda Report
City of Scandia
14727 209th St. North, P.O. Box 128
Scandia, MN 55073 (651)433-2274
Action Requested: Adopt an ordinance establishing rules for the organization and
procedure of the City Council (Ordinance No. 91).
Deadline/ Timeline: Rules should be adopted prior to taking some of the other actions on
the agenda for the January 2, 2007 organizational meeting.
Background: • The Minnesota League of Cities recommends that cities adopt
their rules for organization and procedure(also known as bylaws)
by ordinance. The League's model ordinance has been modified
for the Council's use in establishing the rules for Scandia.
• Many of the provisions in the model ordinance reflect various
requirements of state law. The rules are supplemented by
reference to a standard work on parliamentary procedure,Robert's
Rules of Order.
• The draft ordinance follows the model ordinance closely,with a
few exceptions. There are also some choices that the city may
make to modify it for a better fit. The council may wish to discuss
the following particular items:
➢ Section 1, Subdivision 2: meetings with the Planning
Commission. The Council may consider whether it wishes to
continue this practice. While there are some advantages for
efficiency and this reduces the number of meetings, there are
also some disadvantages. It may be more difficult for the
Commission to offer independent judgments in the presence of
the Council. And,having some time between the Commission
meeting and the Council meeting to gather information can be
useful. The ordinance has been drafted to continue the current
practice.
➢ Section 3, Subdivision 3: publication of minutes. State law
gives some options on publishing minutes. The draft provides
for publishing them on the website, and mailing to any resident
upon request. Paid publication of minutes or a summary in the
Page 1 of 2
12/22/06
legal newspaper would not be required.
➢ Section 4, Subdivision 1: order of business. The draft
ordinance mirrors the current practice, with a few suggested
changes. Please see the attached agenda order for some notes
on the suggested changes.
➢ Section 7, Subdivisionl: Committees. Some cities specify
particular standing committees in their bylaws. The draft
ordinance permits but does not require any particular
committees for maximum flexibility.
➢ Section 8, Advisory Committees and Commissions. The
League model does not include this language. However, cities
must establish their planning commission by ordinance, and it
seems appropriate to do so as part of this ordinance. The draft
also establishes the Parks and Recreation Advisory committee,
and states that the city council retains the powers of the Board
of Adjustments and Appeals under state law. There is also a
section providing that the council may remove any appointees
at any time. The council should discuss these sections, and
decide if you wish to make any changes to the number of
members or terms of office before adopting the ordinance.
Recommendation: I recommend that the Council adopt the ordinance after making any
modifications that you deem to be appropriate.
Attachments/ • Draft Ordinance
Materials provided: • Proposed Agenda Order
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(rules and procedures ord 91)
Page 2 of 2
12/22/06
CITY OF SCANDIA
ORDINANCE NO. 91
AN ORDINANCE ESTABLISHING RULES FOR THE ORGANIZATION AND
PROCEDURE OF THE CITY COUNCIL OF THE CITY OF SCANDIA
The City Council of the City of Scandia hereby ordains:
Section 1. MEETINGS
Subdivision 1. Regular meetings. Regular meetings of the city council shall be held on
the third Tuesday of each calendar month at 7:00 p.m. Any regular meeting falling upon a
holiday shall be held on the next following business day at the same time and place, unless
otherwise determined by a majority vote of the Council. The city clerk shall maintain a schedule
of regular meetings. This schedule shall be available for public inspection during regular
business hours at the city clerk's office. All meetings, including special emergency meetings,
shall be held at the Scandia Community Center, 14727 209th Street North.
Subdivision 2. Meetings with Planning Commission. A meeting of the City Council
shall be held on the first Tuesday of each calendar month at 7:00 p.m. The City Council meeting
shall be continued while the Planning Commission meets at 7:30 p.m. to conduct its business,
after which the Council shall receive recommendations of the Planning Commission. The
Council may act upon recommendations of the Commission at that meeting or at a subsequent
meeting.
Subdivision 3. Special meetings. The mayor or any two members of the council may
call a special meeting of the council upon at least 24 hours written notice to each member of the
council. This notice shall be delivered personally to each member, or left at the member's usual
place of residence with some responsible person. Similar written notices shall be mailed at least
three days before the meeting date to those who have requested notice of such special meetings.
This request must be in writing and filed with the city clerk, designating an official address
where notice may be mailed. Such request will be valid for one year.
Subdivision 4. Emergency Meetings. The mayor or any two councilmembers may call
an emergency meeting when circumstances require the immediate consideration of a matter by
the council. Notice may be in writing personally delivered to councilmembers or may be in the
form of personal telephone communication. Notice must include the date, time, place and
purpose of such a meeting. Where practical, the clerk shall make an effort to contact news
gathering organizations that have filed a request to receive notice of special meetings.
Subdivision 5. Annual Meeting. At the first regular Council meeting of January of
each year,the council shall do the following:
Ordinance No.91
(a) Designate the depositories of city funds;
(b) Designate the official newspaper;
(c) Choose an acting mayor from the councilmembers who shall perform the mayor's
duties during the mayor's absence, disability from the city, or in case of vacancy
in the office of mayor, until a successor has been appointed and qualifies.
(d) Appoint necessary officers, employees and members of boards, commissions and
committees.
Subdivision 6. Public meetings. Except as otherwise provided in the open meeting law,
all council meetings, including special, emergency and adjourned meetings and meetings of all
council committees shall be open to the public.
Section 2. PRESIDING OFFICER
Subdivision 1. Who presides. The presiding officer shall be the mayor. In the absence
of the mayor, the acting mayor shall preside. In the absences of both, the clerk shall call the
meeting to order and shall preside until the councilmembers present at the meeting choose one of
their number to act temporarily as presiding officer.
Subdivision 2. Procedure. The presiding officer shall preserve order, enforce the rules
of procedure herein prescribed and determine without debate, subject to the final decision of the
council on appeal, all questions of procedure and order. Except as otherwise provided by statute
or by these rules, the proceedings of the council shall be based on Robert's Rules of Order,
Newly Revised, 10th Edition.
Subdivision 3. Appeals. Any member may appeal to the council from a ruling of the
presiding officer. If the appeal is seconded, the member may speak once solely on the question
involved and the presiding officer may explain his or her ruling, but no other councilmember
shall participate in the discussion. The appeal shall be sustained if it is approved by a majority of
the members present.
Subdivision 4. Rights of presiding officer. The presiding officer may make motions,
second motions, or speak on any question.
Section 3. MINUTES
Subdivision 1. Who keeps. Minutes of each council meeting shall be kept by the clerk
or by the deputy clerk. In the absence of both the clerk and deputy clerk, the presiding officer
shall appoint a secretary pro tern. Ordinances, resolutions and claims need not be recorded in
full in the minutes if they appear in other permanent records of the clerk and can be accurately
identified from the description given in the minutes.
Subdivision 2. Approvals. The minutes of each meeting shall be reduced to typewritten
form, shall be signed by the clerk or deputy clerk, and copies shall be delivered to each
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Ordinance No.91
councilmember as soon as practicable after the meeting. At the next regular meeting following
such delivery, approval of the minutes need not be read aloud, but the presiding officer shall call
for any additions or corrections. If there is no objection to a proposed addition or correction, it
may be made without a vote of the council. If there is an objection, the council shall vote upon
the addition or corrections. If there are no additions or corrections, the minutes shall stand
approved.
Subdivision 3. Publication. The clerk shall publish the official minutes on the city web
site within 10 days of their approval. The clerk shall mail a copy of the minutes to any resident
upon request.
Section 4. ORDER OF BUSINESS
Subdivision 1. Order established. Each regular meeting of the council shall convene at
the time and place appointed. Council business shall be conducted in the following order:
1. Call to Order and Pledge of Allegiance
2. Roll Call
3. Public Forum
4. Approve Agenda
5. Approval of Consent Agenda
6. Public Hearings
7. Committee Reports
8. Staff Reports
9. General Business
10. Adjournment.
Subdivision 2. Varying order. The order of business may be varied by the presiding
Officer.
Subdivision 3. Agenda. The clerk shall prepare an agenda of business for each regular
council meeting and file a copy in the office of the clerk not later than four calendar days before
the meeting. The agenda shall be prepared in accordance with the order of business and copies
shall be delivered to each councilmember and posted at the community center as far in advance
of the meeting as time for preparation will permit. No item of business shall be considered
unless it appears on the agenda for the meeting or is approved for addition to the agenda by a
majority vote of the councilmembers present.
Subdivision 4. Agenda materials. The clerk shall see that at least one copy of printed
materials relating to agenda items is available to the public in the meeting room while the council
considers their subject matter. The agenda items shall not be considered unless this provision is
complied with. This section does not apply to materials that are classified as other than public
under the Minnesota Government Data Practices Act or materials from closed meetings.
3
Ordinance No.91
Section 5. QUORUM AND VOTING
Subdivision 1. Quorum. At all council meetings a majority of the elected council
members shall constitute a quorum for the transaction of business, but a smaller number may
adjourn from time to time.
Subdivision 2. Voting. The votes of the members on any question may be taken in any
manner, which signifies the intention of the individual members, and the votes of the members
on any action taken shall be recorded in the minutes. The vote of each member shall be recorded
on each appropriation of money, except for payments of judgments, claims and amounts fixed by
statute. If any member is present but does not vote, the minutes, as to that member's name, shall
be recorded as an abstention.
Subdivision 3. Votes required. A majority vote of all members of the council shall be
necessary for approval of any ordinance unless a larger number is required by statute. Except as
otherwise provided by statute, a majority vote of a quorum shall prevail in all other cases.
Section 6. ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS AND
COMMUNICATIONS.
Subdivision 1. Readings. Every ordinance and resolution shall be presented in writing.
An ordinance or resolution need not be read in full unless a member of the council requests such
a reading.
Subdivision 2. Signing and publication proof. Every ordinance and resolution passed
by the council shall be signed by the mayor, attested by the clerk, and filed by the clerk in the
resolution book. Proof of publication of every ordinance shall be attached and filed with the
ordinance.
Subdivision 3. Repeals and amendments. Every ordinance or resolution repealing a
previous ordinance or resolution or a section or subdivision thereof shall give the number, if any,
and the title of the ordinance or code number of the ordinance or resolution to be repealed in
whole or in part. Each ordinance or resolution amending an existing ordinance or resolution or
part thereof shall set forth in full each amended section or subdivision as it will read with the
amendments.
Subdivision 4. Motions, petitions, communications. Every motion shall be stated in
full before the presiding officer submits it to a vote and shall be recorded in the minutes. Every
petition or other communication addressed to the council shall be in writing and shall be read in
full upon presentation to the council unless the council dispenses with the reading. Each petition
or other communication shall be recorded in the minutes by title and filed with the minutes in the
office of the clerk.
4
•
Ordinance No.91
Section 7. COUNCIL COMMITTEES
Subdivision 1. Committees. The council may create such committees, standing or
special, as it deems necessary. Committees shall consist of as many members and perform such
duties at the council may require.
Section 8. ADVISORY COMMITTEES AND COMMISSIONS
Subdivision 1. Generally. The city council performs the duties and exercises the
powers of administrative boards, committees or commissions. However, the Council may
establish boards or commissions as set forth in this Section to investigate subjects or to perform
quasi-judicial functions. Additional administrative boards or commissions shall be established as
required by law or for the administration of a municipal function jointly shared with another
political subdivision.
Subdivision 2. Planning Commission. The Planning Commission is established
pursuant to the Minnesota Municipal Planning Act, and has the powers and duties assigned to it
by that Act and by the Development Code (Ordinance 74, as amended). The Planning
Commission is hereby designated the planning agency of the City pursuant to the Municipal
Planning Act. The Planning Commission consists of five members appointed by the Council for
staggered terms of five years, expiring on January 31st of each year. The Chairperson and Vice
Chairperson of the Planning Commission are appointed by the Commission from among the
members of the Commission, subject to approval by the Council, for a term of one year. The
Commission shall adopt its own rules and procedures with the approval of the Council. All
members of the Commission may vote on all questions before the Commission. No member of
the Commission may vote on any question in which the member is directly or indirectly
interested.
Subdivision 3. Parks and Recreation Committee. There is established a Park and
Recreation Advisory Commission for the City, to act in an advisory capacity to the Council in all
matters relating to a park and recreation program in the City. The Park and Recreation Advisory
Committee consists of nine members appointed by the Council for staggered terms of five years,
expiring on January 31st of each year. The Chairperson and Vice Chairperson of the Parks and
Recreation Committee are appointed by the Commission from among the members of the
Commission, subject to approval by the Council, for a term of one year. The Committee shall
adopt its own rules and procedures with the approval of the Council.
Subdivision 4. Board of Adjustments and Appeals. Pursuant to Minnesota Statutes,
Section 462.354, a Board of Adjustments and Appeals is hereby established. The city council
shall serve as the Board of Adjustments and Appeals. The Planning Commission shall conduct
required hearings for the Board and make recommendations to it on all variance applications.
Subdivision 5. Removal of appointees to advisory committees and commissions. A
member of any advisory committee or commission appointed by the council may be removed at
any time by the council.
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Ordinance No.91
Section 9. EFFECTIVE DATE.
This ordinance shall become effective upon its passage and publication according to law.
Passed and adopted by the City Council of the City of Scandia this 2nd day of January, 2007.
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Hurlburt, Clerk/Administrator
6
CITY OF SCANDIA
PROPOSED ORDER OF CITY COUNCIL AGENDAS
For Discussion,January 2, 2007
ORDER FOR REGULAR MEETING AGENDA (THIRD TUESDAY)
1. Call to Order and Pledge of Allegiance (7:00 p.m.)
2. Roll Call
3. Public Forum
4. Approve Agenda
5. Approval of Consent Agenda
6. Public Hearings
7. Committee Reports
8. Staff Reports
9. General Business
10. Adjournment.
ORDER FOR MEETING WITH PLANNING COMMISSION (FIRST TUESDAY)
1. Call to Order and Pledge of Allegiance (7:00 p.m.)
2. Roll Call
3. Approve Agenda
4. General Business
(PLANNING COMMISSION CONVENES AT 7:30 PM.)
5. Recommendations from the Planning Commission
6. Adjournment
Notes/Comments
The draft order reflects current practice with the following suggestions for changes:
• Staff recommends discontinuing the practice of a separate meeting to review vouchers prior to the
main business meeting(3rd Tuesday)of each month. Instead,the Council would receive a list of all
claims to be paid with your packets on the Friday prior to the meeting. You could then review the list
and contact staff with any questions prior to the meeting. Vouchers would be on the consent agenda
for approval,with any exceptions removed for discussion and separate action. This would allow the
regular meeting to start at 7:00 p.m. rather than 7:30 and eliminate the handling of the actual bills and
checks at the Council table.
• A"roll call"has been added at the beginning of each meeting.
• Approval of the agenda at the beginning of the meeting would allow for items to be added,upon
majority approval by the Council. They would be added to the agenda in the appropriate location
(consent list, staff report, general business,etc.)rather than at the end.
• Approval of the consent list would occur prior to public hearings, so that anyone in attendance for a
consent item could leave before the hearing(s),if any,would be held.
• The Council may wish to discuss guidelines for what types of items may be placed on the consent
agenda. Generally,these should be matters that are expected to be non-controversial or routine in
nature. Approval of minutes would, for example,be placed on the consent agenda.
• The Council may also wish to discuss what types of agenda items should be"staff reports"and what
items should be"general business." The term"report"may connote that action will not be taken;
however,there does not seem to be a clear guideline or practice. If these items are to be reports only,
not action items, it might be appropriate to take them up after the"general business"items that may
be of greater interest to the public. The past practice did allow the board to hear reports from certain
staff members(particular the Fire Chief and Deputy)early in the agenda. The Council could alter this
order. However,because the presiding officer does have the power to alter the order of the agenda,it
may work just as well to keep the order as currently practiced,and make changes to accommodate
schedules at each meeting as appropriate.
2
Meeting Date: 1/2/2007
Agenda Item: 3
- ,h)
City Council Agenda Report
City of Scandia
14727 209th St. North, P.O. Box 128
Scandia, MN 55073 (651) 433-2274
Action Requested: Appoint an Acting Mayor and other officials for 2007. (Resolution 01-
02-07-01)
Deadline/ Timeline: Appointments should be made at the first meeting of the year.
Background: • The Acting Mayor would serve as the presiding officer at Council
meetings and perform other duties of the Mayor in his absence.
• The other appointments recommended at this time would continue
or ratify appointments made at various times by motion of the
Town Board, to ensure that they have been made in the manner
required for a statutory city and so that their authority to act on
behalf of the new city is clear.
• The Council may wish to discuss the appointment of an
Emergency Manager. Currently, Dennis Seefeldt(in his capacity
as Town Board chair)holds this appointment. The Mayor may be
appointed;however, it is more common for the Fire Chief(or
Police Chief)to be appointed.
• Once made,these appointments will be continuous,but can be
changed as desired by the Council according to the appropriate
procedures or criteria for each office. (For example, appointment
of the administrator is also governed by a contract entered into by
the Town Board and binding on the City Council.)
Recommendation: I recommend that the Council choose an Acting Mayor, discuss the
other appointments as desired, and then adopt the resolution.
Attachments/ • Draft resolution.
Materials provided: • Letter from David K Hebert, Hebert and Welch. P.A.
• Letter from Frank Langer, FXL, Inc.
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(appointments)
Page 1 of 1
12/22/06
CITY OF SCANDIA
RESOLUTION NO. 01-02-07-01
APPOINTING AN ACTING MAYOR AND OTHER
CITY OFFICIALS AND REPRESENTATIVES
WHEREAS, Minnesota Statutes require that cities make appointments to certain
positions; and
WHEREAS, it is desirable to appoint certain other officials and representatives to carry
out the functions of the city government;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does make the following appointments:
Acting Mayor (insert name)
Clerk/Administrator Anne Hurlburt
Treasurer Colleen Firkus
Deputy Clerk Brenda Eklund
Emergency Management Director Dennis Seefeldt
Data-Practices Responsible Authority/ Anne Hurlburt
Data-Practices-Compliance Official
Assessor Frank Langer, FXL, Inc.
City Attorney David Hebert, Hebert and Welch,P.A.
Prosecuting Attorney Mike Welch, Hebert and Welch, P.A.
City Engineer Tom Peterson, BRA
City Planner Richard Thompson and Berry
Farrington,TKDA
Auditor David Stene, Eide-Bailly Inc.
Financial Advisor Monte Eastvold,Northland Securities
Bond Counsel David Kennedy, Kennedy and Graven
Marine-on-St. Croix Water Randy S. Ferrin
Management Organization
Lakes Area Community Television Michael White
Commission
Adopted by the Scandia City Council this 2nd day of January, 2007.
Dennis D. Seefeldt, Mayor
ATTEST:
City Clerk
HEBERT AND WELCH, P.A.
ATTORNEYS AT LAW
TOWN SQUARE
20 NORTH LAKE STREET,SUITE 301
FOREST LAKE,MN 55025
Phone: (651)464-3397
Fax: (651)464-8664
DAVID K.HEBERT
MICHAEL A.WELCH
RECEIVED
December 19, 2006
City Council of Scandia DEC 2 0 nos
14747 209th Street North
P. O. Box 128 NEW SCANDIA TOWNSHIP
Scandia, MN 55073
Dear Council Members:
I request that you appoint me as attorney to provide general legal services to the new City of Scandia. I have
acted as the Township attorney for New Scandia since 1980. I have acted as the City Attorney for Forest
Lake, Minnesota since 1989.
I also have a broad based general legal practice which has better enabled me to furnish legal advice to my
municipal clients with regard to the wide variety of legal matters with which they are confronted.
I propose to furnish legal services at the following rates effective January 1, 2007:
2007 Rate 2005 Rate
Hourly rate: $ 120.00 $ 110.00
Regular meeting rate: $ 125.00 $ 115.00
Developer& other bill backs: $ 140.00 $ 135.00
Litigation, eminent domain,
administrative hearings: $ 145.00 $ 140.00
We have established an invoicing system which designates the various billing categories.
Legal assistant services, routine office supplies, copies and other office expenses are included within the
billing rates. Matters requiring extraordinary supplies or copies may be billed additionally.
Our firm maintains malpractice insurance.
As you are aware, the amount to be paid by the City for legal services will depend on the work generated by
the City's activities. We hope to offer legal services in an efficient, cost effective manner.
Thank you for your consideration of my request.
Sincerely yours,
HEBERT AND WELCH, P. A.
i r l� '<
David K. Hebert
DKH:lp
FXL, INC
21870 Olinda Ln. No.
Scandia, MN 55073
December 22, 2006
City of Scandia
Scandia, MN 55073
Dear Honorable Mayor and City Council Members,
I would like to extend my gratitude and appreciation to the Scandia Town
Board for being able to serve as your local assessor for the past 30 years. I
have enjoyed the work it has provided, and the opportunity it has given me
to meet and know many of the Scandia residents.
I would like to continue in my position as local assessor for the new City of
Scandia in the same capacity that I held for the township. Last year my
charge to the township was $9.50 per taxable parcel. I don't anticipate any
near term change.
Thank you for your consideration. I look forward to hearing from you.
Respectfully,
Frank Langer
Accredited Minnesota Assessor
Meeting Date: 1/02/2007
Agenda Item: 3 , c
City Council Agenda Report
City of Scandia
14727 209th St. North, P.O. Box 128
Scandia, MN 55073 (651)433-2274
Action Requested: Approve official depositories for banking and investment purposes for
2007 (Resolution 01-02-07-01)
Deadline/ Timeline: Within 30 days of start of fiscal year(January 1.)
Background: • Cities must designate official depositories by resolution.
• Treasurer Colleen Firkus has recommended that the following
depositories be designated:
• Security State Bank of Marine
• Mainstreet Bank
• 4M Fund, League of Minnesota Cities
Recommendation: That the Council adopt the resolution.
Attachments/ • Draft resolution
Materials provided:
Contact(s): Colleen Firkus, Treasurer
Prepared by: Anne Hurlburt, Administrator
(depositories)
Page 1 of 1
12/21/06
CITY OF SCANDIA
RESOLUTION NO. 01-02-07-02
RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR 2007
WHEREAS, State Statutes require that the City designate depositories for City monies;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does designate the following as official depositories for the City of Scandia for 2007:
Security State Bank of Marine
Mainstreet Bank
4M Fund of the League of Minnesota Cities
Adopted by the Scandia City Council 2nd day of January, 2007.
Dennis D. Seefeldt, Mayor
ATTEST:
City Clerk
Meeting Date: 1/2/2007
Agenda Item: � d�
City Council Agenda Report
City of Scandia
14727 209th St. North, P.O. Box 128
Scandia, MN 55073 (651) 433-2274
Action Requested: Ratify surety and blanket bonds for City employees (Resolution 01-
02-07-03.)
Deadline/Timeline: This action should be taken at the first meeting of the year.
Background: • State Statutes require the City to provide surety and blanket bonds
to ensure the faithful performance of various employees. The
attached resolution officially ratifies the bonds in accordance with
State Law, and as recommended by the League of Minnesota
Cities.
• The bonds are provided by LMCIT as part of our insurance
coverage package.
Recommendation: I recommend that the Council adopt the resolution.
Attachments/ • Draft resolution.
Materials provided:
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(ratify bonds)
Page 1 of 1
12/28/06
CITY OF SCANDIA
RESOLUTION NO. 01-02-07-03
RATIFYING SURETY AND BLANKET BONDS
FOR CITY EMPLOYEES FOR 2007
WHEREAS, surety bonds for certain City employees and a general bond covering all
City employees are required for 2007;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that surety
bonds insuring the integrity and honest performance of duties by the following named employees
in the amounts set forth are hereby ratified and confirmed for the year 2007:
City Council $100,000
City Administrator/Clerk $100,000
Treasurer $100,000
Deputy Clerk $100,000
Fire Chief $100,000
All Employees $100,000
Adopted by the Scandia City Council this 2nd day of January, 2007.
Dennis D. Seefeldt, Mayor
ATTEST:
City Clerk
yf
Meeting Date: 1/2/2007
Agenda Item:
City Council Agenda Report
City of Scandia
14727 209th St. North, P.O. Box 128
Scandia, MN 55073 (651)433-2274
Action Requested: Designate an official newspaper for 2007
Deadline/Timeline: Statutory cities must designate an official newspaper at the first
meeting of each year.
Background: • The legal newspaper is the paper designated for publication of
certain notices for meetings,hearings, elections and city finances
required by law.
• State law provides specific qualifications newspaper must meet, as
well as guidelines for choosing a paper if there is more than one
qualified paper.
• Proposals were solicited from local newspapers and four responses
were received: from the Country Messenger, St. Paul Pioneer
Press, Forest Lake Times and Forest Lake Press.
• Initial review of the proposals found that the Forest Lake Press
would not qualify, as they could not document a minimum
circulation of 500 within the city.
• Circulation figures submitted by the Country Messenger(359) and
the Pioneer Press (318, daily)indicated that they would not qualify
based on their subscriptions within zip code 55073. Both papers
were given a list of Scandia addresses in the Marine(55047) zip
code and asked to provide circulation figures for the entire city.
Neither paper was able to document that they had sufficient
additional circulation to qualify as Scandia's legal newspaper.
• The Forest Lake Times delivers,without charge,to 965
households in the 55073 zip code and meets the other
qualifications as a legal newspaper.
• The rate for publication of legal notices in the Forest Lake Times
will be $8.30 per column inch in 2007. The other newspapers
submitted lower rate quotes ($3.60 and $5.40 per column inch for
the Pioneer Press and Messenger, respectively.) However, the
other papers do not qualify based on their circulation.
Page 1 of 2
12/28/06
Recommendation: I recommend that the Council pass a motion designating the Forest
Lake Times as the legal newspaper for 2007.
Attachments/ • Letter dated December 1, 2006 from Press Publications
Materials provided: • Letters dated December 1, 2005 and December 7, 2006 from St.
Paul Pioneer Press
• Letter Dated December 7, 2006 from Forest Lake Times/ECM
Publishers, Inc.
• Letter Dated December 15,2006 from Country Messenger
• Letter dated December 27,2006 from City Attorney David Hebert
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(legal paper)
Page 2 of 2
12/28/06
p4 _
Publications
Eugene D.Johnson, Publisher • Pat Daul,Associate Publisher 4779 Bloom Ave.,White Bear Lake, Mn 55110
Phone: 651-407-1200 • Fax: 651-429-1242
December 1, 2006
RECEIVED
Anne Hurlburt
New Scandia Township DEC 1 1 2006
14727 209th Street, PO Box 128
Scandia, MN 55073 NEW SCAND!a Tr'.;h.,isL T,
To the Board of Supervisors:
We would like you to consider designating the Forest Lake Press as your designated
official newspaper for 2007.
We meet all the legal publication requirements under state statutes. Our circulation is
audited by Verified Audit Circulation, an independent firm.
We prefer submittal of legal notices by mail, fax at(651) 429-1242 or e-mail your notices
to: legals@izoom.net - clearly labeling them as"Legal Notices."
The rate is $6.45 a column inch, in 7-point type, at 9-lines per inch.
Our deadline for legal notices is Wednesday by 5 PM for the following Wednesday's
publication.
We look forward to being of service to the township. If you have any questions,please
call me at 651-407-1200.
Sincerey'
' /64-,
11,
Lisa Graber
Legal Notice Coordinator
naiscl:scn1g07.doc
Your Best Source For Community Information
White Bear Press• Vadnais Heights Press•St. Croix Valley Press•Quad Community Press•Shoreview Press•Forest Lake Press
ppnews@izoom.net ppcomp@izoom.net ppadvertising@izoom.net ppcirc@izoom.net
PIONEER PRESS
345 Cedar Street
Saint Paul, MN 55101
651-222-1111
December 1, 2005
Town of New Scandia
14727 209th St. N.
PO Box 128
Scandia, Minnesota 55073
Dear Anne Hurlburt:
The Pioneer Press thanks you for your consideration to be the official newspaper for publication
for the Town of Scandia.
Legal publication is offered daily. Zones are offered Wed-Sun. as space permits. Deadlines are
attached. Rates vary depending on section of publication and size. The legal classified section
is $59.78 per column inch; Washington Zone is $28.38 per retail column inch daily and $38.23
per retail column inch Sunday. All other sections are $95.68 per retail column inch.
Home delivery Circulation for 2006 is daily 186,753; Sunday 245,875; Washington County Zone
daily 29,917 & Sunday 45,232. Newspapers are also sold through retail businesses and vending
machines.
Communities who use the Pioneer Press for legal publication includes City of St. Paul, Ramsey
County, State of MN and State of WI, and associated divisions throughout government offices.
Washington County communities include City of Afton, Lakeland, Oakdale, Washington County
ISDs, Washington County Courts, City of Lakeland Shores, Lake St. Croix Beach, St. Mary's
Point and various divisions of government offices and private businesses in Washington County.
I look forward to hearing from officials of the Town of Scandia after your meeting in January.
If you have any questions or comments, please feel free to contact me directly.
Sincerely,
Tami Dorle
Pioneer Press
Legal Notice Publication Manager
PIONEER PRESS
345 Cedar Street
Saint Paul, MN 55101
651-222-1111
December 7, 2006
Town of New Scandia
14727 209th St. North
PO Box 128
Scandia, Minnesota 55073
Anne Hurlburt
Dear Anne,
The St Paul Pioneer Press would like to inform the Town of New Scandia of legal notice
opportunities in regards to designating us as their legal newspaper for publication of
ordinances and other municipal notices.
The 2006 audited circulation for zip code 55073 documents 501 Sunday subscribers
with a penetration of 47.1%; while daily Mon-Fri has a circulation of 318 with a
penetration of 29.9%. We currently have 487 subscribers with a penetration of 45.8%.
The numbers will fluctuate on a daily basis for vacation stops, new subscribers and
other requests; however, this is high coverage for your area so we should meet the
statutory requirements for Town of Scandia. Keep in mind also that there is no
documentation on your residences that may purchase the paper in other areas or view
the newspaper on Twincities.com so visibility and readership are even higher.
Notices would publish in the Washington County Local Section which is offered daily
Wednesday through Sunday. This section reaches communities in May Township,
Oakdale, Stillwater, Woodbury, Afton, Scandia, Marine On St. Croix, and all others
across Washington County. Circulation is Daily 29,917 and Sunday 45,232. If
publication for a legal notice is time sensitive, we can offer full run Monday at 187,731
circulation or Tuesday at 176,092 circulation publishing in the Local Section.
�thi WI, PAUL
PIO\TER PRESS
Since there is no contract required for legal advertising, we require nothing in writing,
and there is no minimum or maximum amount of notices required in any amount of time
from our advertisers. Without a contract, rates are subject to change without notice,
however, rate increases are set by percentages and may be anywhere from 0 to 5
percent annually.
For The Town of New Scandia effective 2007, we are offering a special rate of$3.60
per column inch with a 4 inch minimum. This offer is not publicized, so confidentiality is
required. Legal sizes increase in inch increments for larger notices as needed. Column
widths are as follows: 1 col — 1.77"; 2 col — 3.72"; 3 col — 5.66"; 4 col — 7.61"; 5 col —
9.55"; and 6 col — 11.5". Copy must be submitted in a Word document and any maps or
other forms of art work/graphics must be submitted by email in a compatible Adobe PD
format. Ad size is at the discretion of the Pioneer Press determined by text content set
to fit at a minimum point size of 6, however, size requests are considered. The rate
remains the same for any day of the week, whether a new notice, a repeat notice, or the
notice with multiple orders, with or without changes. It doesn't matter if you are
publishing ordinances, notices, agendas or meeting minutes; charges are based on
space only.
Customer is responsible for any copy error since the Pioneer Press will not proofread
copy; however, corrections may be made prior to publication adhering to the same
deadlines as publication if discovered after submission. Proofs are not guaranteed, but
if requested, notice must be submitted 2-3 days prior to the regular publication deadline.
Holidays may move deadlines up an additional day due to running full circulation when
zones are not available. An affidavit is included at no extra charge and is mailed out in a
timely manner.
Deadlines for Washington County zone is 3pm on Friday for Wednesday; 3pm on
Monday for Thursday; 3pm Tuesday for Friday; 3pm Tuesday for Saturday; 3pm
Wednesday for Sunday. Deadlines for Local Section full circulation is 3pm Wednesday
for Monday and 3pm Thursday for Tuesday. Proofs are not available.
Communities who use the Pioneer Press for legal publication includes City of St. Paul,
Ramsey County, State of MN and State of WI, and associated divisions throughout
government offices.
Washington County communities include City of Afton, Lakeland, Oakdale, Washington
County ISDs, Washington County Courts, City of Lakeland Shores, Lake St. Croix
Beach, St. Mary's Point and various divisions of government offices and private
businesses in Washington County.
�ittit h PAUL
PIONEER PRESS
I hope you will take advantage of this great advertising opportunity. The process of legal
publication is not only an economical cost to reach a high percentage of your
residences, but little time is needed from your order request to actual publication. It is
very simple to submit your notices and a confirmation with price quote is always part of
the customer service.
Feel free to contact City of Afton, City of Lakeland Shores, Lake St. Croix Beach or St.
Mary's Point or any other business that uses our paper for legal notice publication. Any
business who has experienced this procedure will surely express a positive reference.
This offer is not publicized, so confidentiality is required.
I look forward to hearing from your committee and will gladly answer any unanswered
questions. I hope you decide that we will meet all your legal notice publication needs
and look forward to working with May Township in the near future.
Thank you very much.
Sincerely,
Tami Dorle
Legal Notice Publication
Classified Advertising Representative
. ER*.-.„
FOREST LAKE TIMES iich
ECM Publishers, Inc.
880 SW 15th Street
Forest Lake, MN 55025
651-464-4601 • Fax 651-464-4605
December 7, 2006
Ms. Anne Hurlburt, Administrator
City of Scandia
14727 209th St.
Scandia,MN 55073
Dear Anne:
The Forest Lake Times would like to bid for legal printing status as the designated
Official Newspaper for the City of Scandia. The Forest Lake Times is qualified by the
State of Minnesota as a Legal Newspaper under Minnesota Statutes Section 331A.02,
subd. 1(i).
The bid to publish legal notices in the Forest Lake Times for the year 2007 will be$8.30
per column inch, with 8 point type and 8 lines per inch. The notice will also be posted on
our website, www.forestlaketimes.com/publicnotices.html for all to view for free and at
no charge to the city.
The current circulation is about 13,550, including 965 households in the 55073 zip code,
which are delivered by route carriers to the black tubes. The 2006 independent circulation
audit indicates that 83.7% of the people who receive the Forest Lake Times regularly
read or look through the paper.
We would prefer legal notices emailed to print.forestlake@ecm-inc.com,but will gladly
accept notices that are mailed, faxed or on disk. Our deadline is at 5:00 p.m. on Mondays
for Thursday publication.
We are also currently the official newspaper for: Cities of Forest Lake, Columbus and
Wyoming; Townships of Wyoming and Linwood; Independent School District#831 and
a secondary paper for Chisago County.
We look forward to serving the residents of the City of Scandia.
Sincerel /
//
Jeff Andres
General Manager
Forest Lake Times
Publishers of:
Forest Lake Times • St. Croix Valley Peach • ECM Post Review • Commercial Web Printing
Commercial Sheetfed Printing • Community Guides
liillllih��
,,ili�llllll��l�
►► i1: Country Messenger
P.O. Box 96•Scandia, MN 55073 .651-433-3845 • FAX 651-433-3158
REC E
December 15, 2006 DEC 1 8 Z006
NEW SCANDIA TOWNSHIP
Anne Hurlburt
Town of New Scandia
P.O. Box 128
Scandia, MN 55073
Dear Ms. Hurlburt:
As the local paper covering news and information for New Scandia Township and
surrounding areas, we appreciate your considering the Country Messenger as your source of
communicating municipality news to your community. We are the only newspaper that has
covered 100% of all your meetings. Our goal is to provide the best possible coverage of the
local people, news, events and your meetings.
Listed below is the information you request:
•The newspaper publication is Wednesday and legals must be submitted by Friday at noon.
•Our rate is $5.40 per column inch.
•Our total circulation is 1300 and Scandia's circulation is 359 (based on 2.3 readers per
household gives a total of 825 readers in Scandia).
•The Country Messenger is distributed through the U. S. Postal Service on Tuesdays. It is for
sale at the following locations: Scandia Store, Todd's Home Center, Olde Towne Liquor,
Marine General Store, Big Marine Store, and Big Marine Liquor.
•We also serve as official newspaper for Marine on St. Croix.
•Our website is receiving an average of 900 unique visitors and 4200 page views per week.
If you have any questions, please feel free to contact me at anytime. We look forward to
continuing to serve you and the community.
Sincerely,
Carter Johnson
Publisher
Sun & Country Messenger
CJ/cmr
.®
'is''® vMessengerCounty
.T. , ,
Office located at 108 Cascade Street, Osceola, Wisconsin
® � Box 96•Scandia, MN 55073
1hle =_.�1 P.O.651-433-3845•FAX 651-433-3158
___-._ email. countrymessenger@mn.state.net
www.countrymessenger.corn
Community Community
Inside scamia i°d`s
`Country owem ow. asr Fes,
FmbirS Marine mna,ian aae 'ountry n 9 e r i mans ror ,
and Swntlia Messenger -,R ee-„e else rzl ue9rouPs Serving.
Elem..] page 2 page 11
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Preparing for a p
ossible special electionfeatureS chalnsaw art Marine and Scandia
.
„ ', Published Wednesdays
bV ;
", < ire
a° -,b, 1 Ad deadline: Thursday noon
▪ µ`� _ 1 column 1.91"
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. M v Mills events 2 column 3.99"
.�. ,II in the money Arcola
_ ... ._.,- = ▪ w� 3 column 6.07„
New owners take over Brookside Bar&Gnll' a. 4 column 8.15"
"" "°� 5 column 10.23"
Depth 15"
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Display Rates Full
One Time Three Times Ten Times Color
$5.40 per inch Discount Discount
Full page: $405.00 Full page: $392.85 Full page: $364.50
1/2 page: $202.50 1/2 page: $196.42 1/2 page: $182.25 Add $2.50
1/4 page: $101.25 1/4 page: $98.21 1/4 page: $91.12
2x5: $54.00 2x5: $52.38 2x5: $48.60 per column inch
cost per week cost per week
consecutive weeks consecutive weeks or $65 minimum
Classified Inserts Business Builder
$6 for 15 words, $60 per 1000
additional words $.10 or $.06/each 1 column x 1 .5 inch
Must be paid in advance. $70 per 1000 for 4 page item $7 50/week
$90 per 1000 for 8 page item •
Ad appears in the Print and insert: $.11 a sheet
13-week
Country Messenger, The The Messenger has the right to refuse
Sun, and on the web. any insert due to commitment
irregular weight and size.
Ask about other communities we can reach!
HEBERT AND WELCH, P.A.
ATTORNEYS AT LAW
TOWN SQUARE
20 NORTH LAKE STREET,SUITE 301
FOREST LAKE,MN 55025
Phone: (651)464-3397
Fax: (651)464-8664
DAVID K.HEBERT
MICHAEL A.WELCH
December 27, 2006
Ms. Anne Hurlburt
City Administrator
City of Scandia
P. O. Box 128
Scandia, MN 55073
Re: Legal Newspaper
Dear Ms. Hurlburt:
You have asked whether the Country Messenger meets the legal requirements to serve as the
official medium for the legal publication of the City notices.
The applicable statute is M.S.§331A.02.
The requirements which will be discussed pertain to cities of 1,300 population or more.
The statute requires that the paper be published in English, in newspaper format, and have at
least 1,000 square inches. It must be distributed at least once each week. It can have no more
than seventy-five percent of its printed space devoted to advertising material and paid public
notices. Fifty percent of its news columns must be devoted to news of local interest to the
community which it purports to serve. Not more than twenty-five percent of its total
non-advertising column inches in any issue may wholly duplicate any other publication unless
the duplicated material is from recognized general news source services.
Arguably,the paper may meet all of the foregoing requirements.
Subdivision 1(d) of the statute provides that the paper be circulated in the political subdivision
which it purports to serve, and have either 500 copies regularly delivered to paying subscribers,
or 250 copies delivered to paying subscribers if the political subdivision it purports to serve has a
population of under 1,300; or have at least 500 copies regularly distributed without charge to
local residents, or 250 copies distributed without charge to local residents if the political
subdivision it purports to serve has a population of under 1,300.
The publisher of the newspaper argues that the reference to the number of copies to be
distributed does not apply to each municipality served by the paper but, instead, applies to the
entire circulation of the newspaper.
If that argument were correct, the statute would not differentiate between the number of copies to
be delivered based on the population of the political subdivision being served.
1
For this section of the statute, the paper will need to demonstrate that it either delivers 500 copies
to residents of the City of Scandia by paid subscription or free of charge.
Subdivision 1(e) of the statute also requires that the known office of issue of the paper be
established in the county in which the political subdivision lies in whole or in part or in an
adjoining county.
The office of issue of the paper has been transferred from Washington County to Polk County,
Wisconsin. Its office is located at 108 Cascade Street, Osceola, WI and is published weekly by
the Osceola Sun.
In my opinion, an adjacent county does not include a county in another state.
At this point I do not believe that the Country Messenger now qualifies to act as the legal
newspaper for the City of Scandia.
Subdivision 4 of the statute allows a person interested in a newspaper's qualification to petition
the District Court "in the county in which the newspaper has its known office of issue" for a
declaratory judgment to determine whether the newspaper is qualified. (Quotation marks added.)
Sincerely yours,
HEBERT AND WELCH,P. A.
David K. Hebert
DKH:lp
2
Meeting Date: 1/2/2007
Agenda Item: 3 if')
City Council Agenda Report
City of Scandia
14727 209th St. North, P.O. Box 128
Scandia, MN 55073 (651) 433-2274
Action Requested: Reschedule the January 9, 2007 City Council and Planning
Commission meeting.
Deadline/Timeline:
Background: • The Country Messenger failed to print the required legal notices
for public hearings that were scheduled for the January 9, 2007
Planning Commission meeting. A new date needs to be selected,
and proper notice printed in the city's official paper at least 120
days prior to the new meeting date. Mailed notices will also need
to be re-sent.
• January 23,2007 (the fourth Tuesday of January) is a possible date
for a rescheduled meeting. Publication and mailing deadlines can
be met for that date.
• Staff is in the process of contacting Planning Commissioners to
make sure a quorum of the commission is available on that date.
Recommendation: I recommend that the January 9,2007 City Council and Planning
Commission meetings be rescheduled to January 23, 2007.
Attachments/ • None
Materials provided:
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(reschedule jan 9)
Page 1 of 1
12/28/06
Meeting Date: 1/2/2007
Agenda Item:
(I)
City Council Agenda Report
City of Scandia
14727 209th St. North, P.O. Box 128
Scandia, MN 55073 (651)433-2274
Action Requested: Set dates for Board of Appeal and Equalization meetings.
Deadline/Timeline: The County needs a response by January 15, 2007 to include the
meeting dates in notices to taxpayers.
Background: • Washington County has tentatively set the date for the Scandia
Board of Appeal and Equalization meeting for Monday, April 9,
2007 from 4:00 p.m. to 6:00 p.m.
• The second (reconvene) meeting needs to occur within 20 days of
the first meeting. This meeting could be scheduled prior to the
April 17, 2006 regular council meeting(at 6:30 p.m.) or on
another date.
• A quorum of the Council must be available for the Board of
Appeal meeting, including at least one member who has attended
training.
Recommendation: If a quorum will be available, I recommend that the Council set the
Board of Appeal and Equalization meeting for 4:00 p.m. on Monday,
April 9, and the second meeting for 6:30 p.m. on Tuesday, April 17,
2007
Attachments/ • Preliminary dates of Board of Appeal and Equalization meetings
Materials provided: in Washington County for 2007
Contact(s): Frank Langer, City Assessor(433-3059)
Prepared by: Anne Hurlburt, Administrator
(board of appeal)
Page 1 of 1
12/22/06
2007 Meeting schedule „, „ - - g,, , , - , y ' �
Board of Appeal and Equalization&Open Book Meetings A ,gg , ,- ,1 - „ " , , t ff
City/Township Format My 1st meeting Time „� _�4 ; , 4.R Time
West Lakeland Board Monday April 9,2007 9-10 am
Scandia Board Monday April 9,2007 4:00-6:00
Grey Cloud Board Monday April 9,2007 6:00-7:00
Mahtomedi Board Tuesday April 10,2007 5:00-6:00
Lakeland Board Tuesday April 10,2007 6:00-7:00
Oak Park Heights Board Tuesday April 10,2007 6:00-7:00
Marine Board Wednesday April 11,2007 9-10 am
Grant Board Monday April 16,2007 6:0
0-7:00
May Board Tuesday April 17,2007 9-10 am
Afton Board Tuesday April 17,2007 5:00-6:00
Dellwood Board Monday April 23,2007 5:00-5:30
Denmark Board Tuesday April 24,2007 4:30-5:30
St Mary's Point Board Tuesday April 24,2007 6:30-7:30
Hugo Board Thursday April 26,2007 8:30-10:00
Woodbury Board Thursday April 26,2007 7:00-8:00 May 9,2007 7:00
Forest Lake Board Monday April 30,2007 6:00-8:00
Pine Springs Board Tuesday May 1 2007 7 30 8 30
Lake Elmo Board Wednesday May 2,2007 4:00-6:00
Lake St Croix Beach Board Thursday May 3,2007 6:00-7:00
Willernie Board Monday May 7,2007 5:30-6:30
i, Bli,- $q: ✓ ''. r}, ii . $ :.,:
'... ar..., '. ...., , ' .
Meeting Date: 1/2/2007
Agenda Item: 3
City Council Agenda Report
City of Scandia
14727 209th St. North, P.O. Box 128
Scandia, MN 55073 (651)433-2274
Action Requested: Approve City Council Regular Meeting Schedule for 2007.
Deadline/ Timeline:
Background: • The city is required to keep a schedule of its regular meetings on
file at its primary office.
• The draft schedule, attached, is based on continuing the Town
Board's practice of holding its regular meetings on the third
Tuesday of the month, and meeting with the Planning Commission
on the first Tuesday of the month. If the Council alters this
practice when adopting its rules and procedures the schedule will
need to be modified.
• There appear to be no conflicts with any of the regular meeting
dates. April 3 is the first day of Passover; some city councils
decide not to hold meetings on that date. November 6 is Election
Day;however, 2007 is an off year for elections.
• The schedule reflects the proposed Board of Appeals meeting and
the proposed rescheduling of the January 9 meeting.
Recommendation: I recommend that the Council adopt the schedule.
Attachments/ • Draft City Council Meeting Schedule
Materials provided:
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(council meeting schedule)
Page 1 of 1
12/28/06
CITY OF SCANDIA
CITY COUNCIL MEEETING SCHEDULE
2007
Approved by the City Council January 2, 2007
Tuesday,January 2 (annual meeting) Tuesday, June 19
Tuesday, January 16 (PC) Tuesday, July 3 (PC)
Tuesday,January 23 (PC) Tuesday, July 17
Tuesday, February 6 (PC) Tuesday, August 7 (PC)
Tuesday, February 20 Tuesday,August 21
Tuesday, March 6 (PC) Tuesday,September 4 (PC)
Tuesday, March 20 Tuesday, September 18
Tuesday,April 3 (PC) Tuesday,October 2 (PC)
Monday, April 9 4:00 p.m. Tuesday, October 16
Board of Appeal&Equalization
Tuesday,April 17 Tuesday,November 6 (PC) *
Reconvene Board of Appeal,6:30 p.m.
Tuesday,May 1 (PC) Tuesday,November 20
Tuesday, May 15 Tuesday, December 4 (PC)
Tuesday, June 5 (PC) Tuesday, December 18
* Election Day;meetings cannot begin
until after polls close
All regular City Council meetings are held at 7:00 p.m. on the third Tuesday of the month at the
Scandia Community Center, 14727 209`h Street North, Scandia, Minnesota 55073
(PC): Meetings with the Planning Commission are held on the first Tuesday of the month.
Council convenes at 7:00 p.m. and the Planning Commission convenes at 7:30 p.m.
Notice of any special meetings will be posted at the Community Center.
Meeting Date: 1/2/2007
Agenda Item: ; }
City Council Agenda Report
City of Scandia
14727 209th St. North, P.O. Box 128
Scandia, MN 55073 (651)433-2274
Action Requested: Discuss city council and advisory committees and appointments.
Deadline/Timeline: N/A
Background: • The city council may create such committees from among its
members, standing or special,as it deems necessary.
• The council may also appoint committees and task forces
including citizens to investigate or advise on any topic. The
standing Planning Commission and Parks Committee are
established in Ordinance 91, but others may be created or
disbanded at any time by the council's direction.
• The former town board established a number of committees; a list
of those in existence in December, 2006 is attached. The Council
could choose to continue those or not.
• The council may also appoint coordinating representatives to
various outside boards and committees. One such past
appointment is the representative to the Highway 97 study group
(Peter Schwarz). The council might also wish to appoint someone
to attend meetings of the watershed organizations to track
activities of interest to the city, even though the city cannot
appoint voting members to those boards. (Formal representation
on joint powers boards were covered in Ordinance No. 91)
• Anticipating the need for advisory committee members, an
announcement was placed on the website. One application (for
the Planning Commission)has been received. Based on inquiries,
more applications will probably be forthcoming.
Recommendation: I recommend that the Council discuss the following questions:
• Which of the current "standing" committees should be abolished?
• Of those that will be retained, what is their mission? What should
be their make-up (council, citizens or both?)
• What new committees should be formed? The city will be
Page 1 of 2
12/22/06
required to update its Comprehensive Plan by the end of 2008.
Therefore, it may be timely to consider creating an advisory
committee for that purpose. Such a committee might consist of
council members,planning commission members,parks
committee members and other citizens. Subcommittees (to work
on greenway or trail planning, for example)may also be
appropriate.
• After you decide on the mission and make-up of the committees,
the process for making appointments can be decided. Do you wish
to set a deadline for applications? Do you wish to set aside time to
conduct interviews?
Attachments/ • Committee Appointments,New Scandia Township 2006
Materials provided:
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(committees)
Page 2 of 2
12/22/06
Committee Appointments
New Scandia Township
December, 2006
Committee Board Members Citizen Members/Status
Planning Commission None • 5 (Ness, Malmquist, Nickelson, Schwarz, Yehle)
• 1 vacancy(Yehle, term expires 2007), 1 term expired
2005 (Ness)
Park and Recreation Harnetty(Board Rep.) • 9 (Campobasso, Couture, Kilgriff, Skupien, Schik,
Smith, Bildeaux, Goeken, Rasmussen)
• 1 term expires 2007 (Campobasso)
Incorporation Committee Harnetty, Joselyn(Chair) • Dupslaff, Hebert, Havener. Nickelson, Olson,
Sandager, Schwarz, Swenson
Road Committee Hinz • Heinisch, Peterson, Yehle, Boesel
Employment Policy/ Salary Harnetty, Hinz
Architectural Review for Commercial Madden, Harnetty • Malmquist, Peterson, Sandager
Property
Rural Landscape Preservation • Hadland, Jensen, Vogen, White(9 members?)
Landscape Committee Madden, Seefeldt
Capital Improvements Committee Seefeldt, Madden • Johnson,Nickelson, Schwarz, Spence, Stromberg
Ice Rink Committee(2006) Seefeldt, Harnetty • White, Malmquist, Rasmussen, Couture,
Campobasso
Meeting Date: 1/2/2007
Agenda Item: 3 i)
City Council Agenda Report
City of Scandia
14727 209th St. North, P.O. Box 128
Scandia, MN 55073 (651) 433-2274
Action Requested: Adopt and ordinance regulating the sale and use of tobacco products
(Ordinance No. 92) and a resolution setting tobacco license fees
(Resolution No. 01-02-07-04)
Deadline/ Timeline: Washington County has renewed all current tobacco licenses for 2007.
No new licenses may be approved until the city adopts its own
ordinance.
Background: • Attorney David Hebert has prepared the draft ordinance.
• Licenses are currently issued to: Scandia Store, Vets Rest Camp
(seasonal), Scandia Old Towne Liquor; Todd's Home Center,Big
Marine Lake Liquor, Big Marine Lake Store and Prospects.
• The proposed license fees are the same as that charged by
Washington County for 2007.
Recommendation: I recommend that the council adopt the ordinance and resolution.
Attachments/ • Draft Ordinance No. 92
Materials provided: • Draft Resolution No. 01-02-07-04
Contact(s): David Hebert, 651 464-3397
Prepared by: Anne Hurlburt, Administrator
(tobacco)
Page 1 of 1
12/28/06
CITY OF SCANDIA
ORDINANCE NO. 92
AN ORDINANCE REGULATING THE SALE AND USE OF TOBACCO PRODUCTS
WITHIN
THE CITY OF SCANDIA
The City Council of the City of Scandia hereby ordains:
The City Council of the City of Scandia hereby adopts the following regulations
pertaining to the sale and use of tobacco products within the City of Scandia:
Section 1. Definitions and interpretations
Section 2. License
Section 3. License restrictions
Section 4. Fees
Section 5. Basis for denial of license
Section 6. Prohibited sales
Section 7. Vending machines
Section 8. Tobacco display and storage
Section 9. Responsibility
Section 10. Compliance checks and inspections
Section 11. Other illegal acts
Section 12. Administrative fines
Section 13. Revocation hearing
Section 14. Exceptions and defenses
Section 98. Violations
SECTION 1. DEFINITIONS AND INTERPRETATIONS.
For the purpose of this Ordinance the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those
authorized to sell tobacco, tobacco products and tobacco related devices are following and
complying with the requirements of this Ordinance. COMPLIANCE CHECKS may involve the
use of minors as authorized by this Ordinance.
INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product
wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include,
but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form and
single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging
containing 5 or more single packs or other containers as described in this Ordinance shall not be
considered individually packaged.
City of Scandia,Minnesota
Ordinance No.92
LOOSIES. The common term used to refer to a single or individually packaged cigarette.
MINOR. Any natural person who has not yet reached the age of 18 years.
MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a truck,
van, automobile or other type of vehicle or transportable shelter and not a fixed address store
front or other permanent type of structure authorized for sales transactions.
RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products
or tobacco related devices are available for sale to the general public. RETAIL
ESTABLISHMENTS shall include, but not be limited to, grocery stores, convenience stores and
restaurants.
SALE. Any transfer of goods for money,trade,barter or other consideration.
SELF-SERVICE MERCHANDISING. Open displays of tobacco, tobacco products or
tobacco related devices packaged in packages of 4 or fewer individually wrapped containers
which are accessible to the public without the intervention of an employee. Self-service
merchandising shall not include vending machines.
TOBACCO or TOBACCO PRODUCTS. Any substance or item containing tobacco leaf,
including, but not limited to, cigarettes; cigars; pipe tobacco; snuff fine cut or other chewing
tobacco; cheroot; stogies; perique; granulated plug cut, crimp cut, ready-rubbed, and other
smoking tobacco; snuff flowers, cavendish; shorts; plug and twist tobaccos; dipping tobaccos;
refuse scraps, clippings,cuttings and sweepings of tobacco; and other kinds and forms of tobacco
leaf prepared in such manner as to be suitable for chewing, sniffing or smoking.
TOBACCO RELATED DEVICES Any tobacco product as well as a pipe, rolling papers
or other device used in a manner which enables the chewing, sniffing or smoking of tobacco or
tobacco products.
VENDING MACHINE. Any mechanical, electric or electronic or other type of device
which dispenses tobacco, tobacco products or tobacco related devices upon the insertion of
money, tokens or other form of payment directly into the machine by the person seeking to
purchase the tobacco,tobacco product or tobacco related device.
SECTION 2. LICENSE.
No person shall sell or offer to sell any tobacco, tobacco products or tobacco related
device without first having obtained a license to do so from the city.
(A) Application. An application for a license to sell tobacco, tobacco products or
tobacco related devices shall be made on a form provided by the city. The application shall
contain the full name of the applicant, the applicant's residential and business addresses and
telephone numbers, the names of the business for which the license is sought and any additional
2
City of Scandia,Minnesota
Ordinance No.92
information the city deems necessary. Upon receipt of a completed application, the City Clerk
shall forward the application to Council for action at its next regularly scheduled Council
meeting. If the Clerk shall determine that an application is incomplete, application shall be
returned to the applicant with notice of the information necessary to make the application
complete.
(B) Action. The Council may either approve or deny the license, or it may delay
action for such reasonable period of time as necessary to complete any investigation of the
application or the applicant it deems necessary. If the Council approves the license, the Clerk
shall issue the license to the applicant. If the Council denies the license, notice of the denial shall
be given to the applicant along with notice of the applicant's right to appeal the Council's
decision.
(C) Term. All licenses issued under this section shall be valid for the current calendar
year in which the license is issued except that if a retail establishment conducts sales for six
months or less in a calendar year it shall be granted a seasonal license.
(D) Revocation or suspension. Any license issued under this section may be revoked
or suspended as provided in this Ordinance.
(E) Moveable place of business. No license shall be issued to a moveable place of
business. Only fixed location businesses shall be eligible to be licensed under this section.
(F) Display. All licenses shall be posted and displayed in plain view of the general
public on the licensed premises.
(G) Renewals. The renewal of a license issued under this section shall be processed in
the same manner as the original application. The request for a renewal shall be made at least 30
days but no more than 60 days before the expiration of the current license.
SECTION 3. LICENSE RESTRICTIONS.
A license shall be issued subject to the following restrictions.
(A) No license shall be issued to any applicant for the sale of tobacco, tobacco
products or tobacco related devices at any place other than the applicant's established place of
business.
(B) No license shall be issued for the sale of tobacco, tobacco products or tobacco
related devices at a moveable place of business.
(C) No license shall be issued for the sale of tobacco, tobacco products or tobacco
related devices at more than one place of business.
(D) No person shall sell or dispense any tobacco, tobacco products or tobacco related
devices through the use of a vending machine except as provided in Section 7.
3
City of Scandia,Minnesota
Ordinance No. 92
(E) No individually packaged tobacco product shall be offered for sale by means of
self-service merchandising.
(F) Every licensee shall be responsible for the conduct of its employees while on the
licensed premises and any sale or other disposition of tobacco products by an employee to a
person under 18 years of age shall be considered an act of the licensee for purposes of imposing
an administrative fine, license suspension or revocation.
SECTION 4. FEES.
No license shall be issued under this Ordinance until the appropriate license fee shall be
paid in full. Fees shall be set from time to time by the City Council by resolution.
SECTION 5. BASIS FOR DENIAL OF LICENSE.
(A) The following shall be grounds for denying the issuance or renewal of a license
under this chapter:
(1) The applicant is under the age of 18 years;
(2) The applicant has been convicted within the past 5 years of any violation
of a federal, state, or local law, ordinance provision or other regulation relating to tobacco,
tobacco products or tobacco related devices;
(3) The applicant has had a license to sell tobacco, tobacco products or
tobacco related devices revoked within the preceding 12 months of the date of the application;
(4) The applicant fails to provide any information required on the application
or provides false or misleading information;
(5) The applicant is prohibited by federal, state, or other local law, ordinance
or other regulation from holding such a license.
(B) Except as may otherwise be provided by law, the existence of any particular
ground for denial does not mean that the city must deny the license. If a license is mistakenly
issued or renewed it shall be revoked upon the discovery that the person was ineligible for the
license under this Ordinance.
SECTION 6. PROHIBITED SALES.
It shall be a violation of this Ordinance for any person to sell or offer to sell any tobacco
product or tobacco related device:
(A) To any person under the age of 18 years;
4
City of Scandia,Minnesota
Ordinance No. 92
(B) By means of any type of vending machine, except as may otherwise be provided
in this Ordinance;
(C) By means of self-service merchandising, as defined in Section 1, whereby the
customer is not required to make a verbal or written request to an employee of the licensed
premises in order to receive the tobacco, tobacco product or tobacco related device;
(D) By means of loosies, as defined in Section 1;
(E) Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine,
marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance except
nicotine and not naturally found in tobacco or tobacco products;
(F) By any other means, or to any other person prohibited by federal, state or other
local law, ordinance, provision or other regulation.
SECTION 7. VENDING MACHINES.
It shall be unlawful for any person under this Ordinance to allow the sale of tobacco,
tobacco products or related devices by means of a vending machine unless the vending machine
was used and in operation at a tobacco licensed business prior to January 1, 1997.
SECTION 8. TOBACCO DISPLAY AND STORAGE.
All individually packaged tobacco, tobacco products and tobacco related devices as
defined in Section 1 shall be stored behind a counter or other area not freely accessible to
customers or in a case or other storage unit not left open and accessible to the general public.
SECTION 9. RESPONSIBILITY.
All licensees under this Ordinance shall be responsible for the actions of their employees
in regard to the sale of tobacco, tobacco products or tobacco related devices on the licensed
premises and the sale of such an item by an employee shall be considered a sale by the license
holder. Nothing in this Ordinance shall be construed as prohibiting the city from also subjecting
the employee to whatever penalties are appropriate under this Ordinance, state law or other
applicable law or regulation.
SECTION 10. COMPLIANCE CHECKS AND INSPECTIONS.
All licensed premises shall be open to inspection by the City police officer or other
authorized city official during regular business hours. From time to time, but at least once per
year, the city shall conduct compliance checks by engaging minors to enter the licensed premises
to attempt to purchase tobacco, tobacco products or tobacco related devices. Minors used for the
purpose of compliance checks shall not be guilty of unlawful possession of tobacco, tobacco
products or related devices when such items are obtained as part of the compliance check. No
minor used in compliance checks shall attempt to use a false identification misrepresenting the
5
City of Scandia,Minnesota
Ordinance No.92
minor's age and all minors lawfully engaged in a compliance check shall answer all questions
about the minors age asked by the licensee or his or her employee and shall produce any
identification for which the minor is asked.
SECTION 11. OTHER ILLEGAL ACTS.
Unless otherwise provided, the following acts shall be a violation of this section.
(A) Illegal possession. It shall be a violation of this Ordinance for any minor to have
in the minor's possession any tobacco, tobacco product or tobacco related device. This
subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the
city or who have only temporary possession during a legal sales transaction.
(B) Illegal use. It shall be a violation of this Ordinance for any minor to smoke, chew,
sniff or otherwise use any tobacco, tobacco product or tobacco related device.
(C) Illegal procurement. It shall be a violation of this Ordinance for any minor to
purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco
related device. It shall be a violation of this Ordinance for any person to purchase or otherwise
obtain such items on behalf of a minor. It shall be a violation of this Ordinance for any person to
sell or otherwise provide any tobacco, tobacco product or tobacco related device to any minor or
to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any
tobacco, tobacco product or tobacco related device. This subdivision shall not apply to minors
lawfully involved in a compliance check on behalf of the city.
(D) Use of false identification. It shall be a violation of this Ordinance for any minor
to attempt to disguise the minor's true age by the use of a false form of identification, whether
the identification is that of another person or one on which the age of the person has been
modified or altered,to represent an age older than the actual age of the person.
SECTION 12. ADMINISTRATIVE FINES.
(A) Any violation of the restrictions attached to a tobacco product license shall be
cause for a fine, suspension or revocation of the license. The first violation shall result in an
administrative fine of $100 ;to the license holder, payable to the city. Failure to pay the fine
within 30 days from the date of invoice shall result in a 2 day license suspension. A second
violation within 12 months shall result in a fine of$250 payable to the city and result in a 5 day
license suspension. Failure to pay the fine within 30 days from the date of the invoice shall result
in a 10 day license suspension. A third violation within 12 months, or for sales during a license
suspension, shall result in a license revocation and prosecution as a misdemeanor.
(B) Licensees whose licenses have been revoked shall not be eligible for another
tobacco product license for one year from the date of revocation. The City Council may attach
reasonable conditions to the reinstatement of a suspended or revoked license.
6
City of Scandia,Minnesota
Ordinance No.92
(C) The accused violator may at any time withdraw from the administrative penalty
process and elect to have the case heard in court under a misdemeanor prosecution. Upon
discovery of a suspected violation, the violator may be issued a citation by the City police officer
and given notice of the violator's right to be heard on the accusations.
SECTION 13. REVOCATION HEARING.
Revocation or suspension of a license shall be preceded by a hearing before the City
Council. A hearing notice shall be given to the licensee at least 10 days prior to the hearing. The
notice shall include the time and place of the hearing and shall state the nature of the charge
against the licensee.
SECTION 14. EXCEPTIONS AND DEFENSES.
Nothing in this Ordinance shall prevent the providing of tobacco, tobacco products or
tobacco related device to a minor as part of a lawfully recognized religious, spiritual or cultural
ceremony. It shall be an affirmative defense to the violation of this Ordinance for a person to
have reasonably relied on proof of age as described by state law.
SECTION 98. VIOLATIONS.
Any person found to be in violation of this Ordinance shall be guilty of a misdemeanor
and,upon conviction thereof, shall be punished according to law.
Passed and adopted by the City Council of the City of Scandia this 2nd day of January, 2007.
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Hurlburt, Clerk/Administrator
7
CITY OF SCANDIA
RESOLUTION NO. 01-02-07-04
SETTING TOBACCO LICENSE FEES
WHEREAS, Ordinance No. 92 Regulating the Sale and Use of Tobacco Products within
the City of Scandia provides that no license shall be issued until the appropriate license fee shall
be paid in full; and
WHEREAS, the ordinance provides that the license fees shall be set from time to time by
the City Council by resolution;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hereby does establish the following fees for tobacco licenses for 2007:
Type of License 2007 Fee
Year-round $262.00
Seasonal $189.00
Adopted by the Scandia City Council this 2nd day of January, 2007.
Dennis D. Seefeldt, Mayor
ATTEST:
City Clerk
Meeting Date: 1/2/2007
Agenda Item: 3 A )
City Council Agenda Report
City of Scandia
14727 2096 St. North, P.O. Box 128
Scandia, MN 55073 (651) 433-2274
Action Requested: Approve an ordinance adopting liquor regulations (Ordinance No. 93.)
Deadline/Timeline: Current liquor licenses issued by Washington County will expire on
March 31, 2007. Before any licenses may be renewed or transferred,
or new licenses may be issued, the City must adopt a liquor ordinance
and an ordinance establishing fees for licenses. The required public
hearing to set fees would be scheduled for the February 20, 2007
council meeting(30 days written notice to license holders is required.)
Background: • Liquor establishments currently licensed in Scandia are:
Meisters Bar& Grill On/Off, Sunday
Scandia Community Center Consumption&Display
Prospects, Inc. On Sale, Sunday
The Scandia Creamery On Sale, Sunday
AJL Enterprises DBA Off Sale
Scandia Olde Towne Liquor
Big Marine Lake Store Off Sale
• Licenses under this ordinance would expire on December 31 of
each year. License fees would be pro-rated on a quarterly basis.
• The Council may wish to discuss the following policy issues:
➢ Number of licenses that may be issued—currently the draft
limits the number to existing licenses; new establishments
would require an ordinance amendment.
➢ Kinds of liquor licenses and the types of establishments
eligible
> Hours of sale—should the option of a 2:00 a.m. closing be
offered for on-sale licensees?
Recommendation: The Council should review the ordinance,make any changes, and
adopt it.
Attachments/ • Draft Ordinance No. 93
Materials provided:
Contact(s): David Hebert, City Attorney(651) 464-3397
Prepared by: Anne Hurlburt, Administrator
(liquor licensing)
Page 1 of 1
12/28/06
CITY OF SCANDIA
ORDINANCE NO. 93
AN ORDINANCE ADOPTING LIQUOR REGULATIONS FOR
THE CITY OF SCANDIA
The City Council of the City of Scandia hereby ordains:
The City Council of the City of Scandia hereby adopts liquor regulations for the City of
Scandia as follows:
General Provisions
Section 1. Adoption of state law by reference
Section 2. City may be more restrictive than state law
Section 3. Definitions
Section 4. Nudity on the premises of licensed establishments prohibited
Licensing
Section 20. Number of licenses which may be issued
Section 21. Term and expiration of licenses
Section 22. Kinds of liquor licenses
Section 23. License fees;pro rata
Section 24. Council discretion to grant or deny a license
Section 25. Application for license
Section 26. Descript n of premises
Section 27. Applications for renewal
Section 28. Transfer of license
Section 29. Investigation
Section 30. Hearing and issuance
Section 31. Restrictions on issuance
Section 32. Conditions of license
Section 33. Hours and days of sale
Section 34. Minors on premises
Section 35. Restrictions on purchase and consumption
Section 36. Suspension and revocation
Section 99. Penalties
City of Scandia,Minnesota
Ordinance No. 93
GENERAL PROVISIONS
Section 1. ADOPTION OF STATE LAW BY REFERENCE.
The provisions of M.S. Ch. 340A, as they may be amended from time to time, with
reference to the definition of terms, conditions of operation, restrictions on consumption,
provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale,
distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby
adopted by reference and are made a part of this Ordinance as if set out in full. It is the intention
of the City Council that all future amendments to M. S. Ch. 340A are hereby adopted by
reference or referenced as if they had been in existence at the time this Ordinance is adopted.
Section 2. CITY MAY BE MORE RESTRICTIVE THAN STATE LAW.
The Council is authorized by the provisions of M.S. § 340A.509, as it may be amended
from time to time, to impose, and has imposed in this Ordinance, additional restrictions on the
sale and possession of alcoholic beverages within its limits beyond those contained in M.S. Ch.
340A, as it may be amended from time to time.
Section 3. DEFINITIONS.
In addition to the definitions contained in M.S. § 340A.101, as it may be amended from
time to time, the following terms are defined for purposes of this Ordinance:
LIQUOR. As used in this Ordinance, without modification by the words "intoxicating" or
"3.2 percent malt," includes both intoxicating liquor and 3.2 percent malt liquor.
RESTAURANT. An eating facility, other than a hotel, under the control of a single
proprietor or manager, where meals are regularly prepared on the premises, where full
waitress/waiter table service is provided, where a customer orders food from printed menus and
where the main food course is served and consumed while seated at a single location. To be a
"restaurant" as defined by this section, an establishment shall have a license from the state as
required by M.S. § 157.16, as it may be amended from time to time, and meet the definition of
either a "small establishment," "medium establishment" or "large establishment" as defined in
M.S. § 157.16, Subd. 3d, as it may be amended from time to time. An establishment which
serves prepackaged food that receives heat treatment and is served in the package or frozen pizza
that is heated and served, shall not be considered to be a restaurant for purposes of this Ordinance
unless it meets the definitions of "small establishment", "medium establishment" or "large
establishment."
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Section 4. NUDITY ON THE PREMISES OF LICENSED ESTABLISHMENTS
PROHIBITED.
(A) The City Council finds that it is in the best interests of the public health, safety, and
general welfare of the people of the city that nudity is prohibited as provided in this section on
the premises of any establishment licensed under this Ordinance. This is to protect and assist the
owners, operators, and employees of the establishment, as well as patrons and the public in
general, from harm stemming from the physical immediacy and combination of alcohol, nudity,
and sex. The Council especially intends to prevent any subliminal endorsement of sexual
harassment or activities likely to lead to the possibility of various criminal conduct, including
prostitution, sexual assault, and disorderly conduct. The Council also finds that the prohibition of
nudity on the premises of any establishment licensed under this Ordinance, as set forth in this
section, reflects the prevailing community standards of the city.
(B) It is unlawful for any licensee to permit or allow any person or persons on the
licensed premises when the person does not have his or her buttocks, anus, breasts, and genitals
covered with a nontransparent material. It is unlawful for any person to be on the licensed
premises when the person does not have his or her buttocks, anus, breasts, and genitals covered
with a non-transparent material.
(C) A violation of this section is a misdemeanor punishable as provided by law, and is
justification for revocation or suspension of any liquor,wine,or 3.2 percent malt liquor license or
the imposition of a civil penalty under the provisions of§99. Penalty, see §99.
LICENSING
Section 20. NUMBER OF LICENSES WHICH MAY BE ISSUED.
State law establishes the number of liquor licenses that a city may issue. However, the
number of licenses which may be granted under this Ordinance is limited to the number of
licenses which were issued as of the effective date of this Ordinance. The Council in its sound
discretion may provide by ordinance that a larger number of licenses may be issued up to the
number of licenses authorized by M.S. Ch. 340A, as it may be amended from time to time.
Section 21.TERM AND EXPIRATION OF LICENSES.
Each license shall be issued for a maximum period of one year. All licenses, except
temporary licenses, shall expire on December 31 of each year unless another date is provided by
ordinance. All licenses shall expire on the same date. Temporary licenses expire according to
their terms. Consumption and display permits issued by the Commissioner of Public Safety, and
the accompanying city consent to the permit, shall expire on March 31 of each year.
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Section 22. KINDS OF LIQUOR LICENSES.
The Council is authorized to issue the following licenses and permits, up to the number
specified in §20.
(A) 3.2 percent malt liquor on-sale licenses, which may be issued only to golf courses,
restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2
percent malt liquor with the incidental sale of tobacco and soft drinks.
(B) 3.2 percent malt liquor off-sale licenses.
(C) Temporary 3.2 percent malt liquor licenses which may be issued only to a club,
charitable, religious, or nonprofit organization.
(D) Off-sale intoxicating liquor licenses. The fee for an off sale intoxicating liquor
license established by the Council under §23 shall not exceed $100 or a greater amount which
may be permitted by M.S. § 340A.408, Subd. 3, as it may be amended from time to time.
(E) On-sale intoxicating liquor licenses, which may be issued to the following
establishments as defined by M.S. § 340A.101, as it may be amended from time to time, and this
ordinance: hotels, restaurants, bowling centers, theaters, clubs or congressionally chartered
veterans organizations, and exclusive liquor stores. Club licenses may be issued only with the
approval of the Commissioner of Public Safety. The fee for club licenses established by the
Council under §23 shall not exceed the amounts provided for in M.S. § 340A.408, Subd. 2b, as it
may be amended from time to time. The Council may in its sound discretion authorize a retail
on-sale licensee to dispense intoxicating liquor off the licensed premises at a community festival
held within the city under the provisions of M.S. § 340A.404, Subd. 4b, as it may be amended
from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to
dispense intoxicating liquor off the licensed premises at any convention, banquet, conference,
meeting, or social affair conducted on the premises of a sports, convention, or cultural facility
owned by the city, under the provisions of M.S. § 340A.404, Subd. 4a, as it may be amended
from time to time; however,the licensee is prohibited from dispensing intoxicating liquor to any
person attending or participating in an amateur athletic event being held on the premises.
(F) Sunday on-sale intoxicating liquor licenses. Sunday on-sale intoxicating liquor
licenses may be issued only to a restaurant as defined in Section 3, club, bowling center, or hotel
which has a seating capacity of at least 30 persons, which holds an on-sale intoxicating liquor
license, and which serves liquor only in conjunction with the service of food. The maximum fee
for this license, which shall be established by the Council under the provisions of Section 23,
shall not exceed $200, or the maximum amount provided by M.S. § 340A.504, Subd. 3c, as it
may be amended from time to time.
(G) Combination on-sale/off-sale intoxicating liquor licenses.
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(H) Temporary on-sale intoxicating liquor licenses, with the approval of the
Commissioner of Public Safety, which may be issued only in connection with a social event
sponsored by a club, charitable, religious, or other nonprofit corporation that has existed for at
least three years. No license shall be for longer than four consecutive days, and the city shall
issue no more than 12 days worth of temporary licenses to any one organization in one calendar
year.
(I) On-sale wine licenses, with the approval of the Commissioner of Public Safety to:
theaters, restaurants that have facilities for seating at least 25 guests at one time and meet the
criteria of M.S. § 340A.404, Subd. 5, as it may be amended from time to time, and which meet
the definition of restaurant in §3; and to licensed bed and breakfast facilities which meet the
criteria in M.S. § 340A.401, Subd. 1, as it may be amended from time to time. The fee for an
on-sale wine license established by the Council under the provisions of §23 shall not exceed
one-half of the license fee charged for an on-sale intoxicating liquor license. The holder of an
on-sale wine license who also holds an on-sale 3.2 percent malt liquor license is authorized to
sell malt liquor with a content over 3.2 percent(strong beer) without an additional license.
(J) One day consumption and display permits with the approval of the Commissioner of
Public Safety to a nonprofit organization in conjunction with a social activity in the city
sponsored by the organization.
(K) Approval of the issuance of a consumption and display permit by the Commissioner
of Public Safety. The maximum amount of the additional fee which may be imposed by the
Council on a person who has been issued a consumption and display permit under the provisions
of§23 shall not exceed $300, or the maximum amount permitted by M. S. § 340A.414, Subd. 6,
as it may be amended from time to time. Consumption and display permits shall expire on March
31 of each year.
Section 23. LICENSE FEES; PRO RATA.
(A) No license or other fee established by the city shall exceed any limit established by
M.S. Ch. 340A, as it may be amended from time to time, for a liquor license.
(B) The Council may establish by ordinance from time to time the fee for any of the
liquor licenses it is authorized to issue. The license fee may not exceed the cost of issuing the
license and other costs directly related to the enforcement of the liquor laws and this Ordinance.
No liquor license fee shall be increased without providing mailed notice of a hearing on the
proposed increase to all affected licensees at least 30 days before the hearing.
(C) The fee for all licenses, except temporary licenses, granted after the commencement
of the license year shall be prorated on a quarterly basis.
(D) All license fees shall be paid in full at the time the application is filed with the city. If
the application is denied, the license fee shall be returned to the applicant.
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(E) A refund of a pro rata share of an annual license fee may occur only if authorized by
M.S. § 340A.408, Subd. 5, as it may be amended from time to time.
Section 24. COUNCIL DISCRETION TO GRANT OR DENY A LICENSE.
The Council in its sound discretion may either grant or deny the application for any
license or for the transfer or renewal of any license. No applicant has a right to a license under
this ordinance.
Section 25. APPLICATION FOR LICENSE.
(A) Form. Every application for a license issued under this ordinance shall be on a form
provided by the city. Every application shall state the name of the applicant, the applicant's age,
representations as to the applicant's character, with references as the Council may require, the
type of license applied for, the business in connection with which the proposed license will
operate and its location, a description of the premises, whether the applicant is owner and
operator of the business, how long the applicant has been in that business at that place, and other
information as the Council may require from time to time. An application for an on-sale
intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety
and shall also contain the information required in this section. The form shall be verified and
filed with the city. No person shall make a false statement in an application.
(B)Financial responsibility. Prior to the issuance of any license under this Ordinance, the
applicant shall demonstrate proof of financial responsibility as defined in M.S. § 340A.409, as it
may be amended from time to time,with regard to liability under M.S. § 340A.801, as it may be
amended from time to time. This proof will be filed with the city and the Commissioner of
Public Safety. Any liability insurance policy filed as proof of financial responsibility under this
section shall conform to M.S. § 340A.409,as it may be amended from time to time. Operation of
a business which is required to be licensed by this Ordinance without having on file with the city
at all times effective proof of financial responsibility is a cause for revocation of the license.
Penalty, see §99.
Section 26. DESCRIPTION OF PREMISES.
The application shall specifically describe the compact and contiguous premises within
which liquor may be dispensed and consumed.
Section 27. APPLICATIONS FOR RENEWAL.
At least 90 days before a license issued under this Ordinance is to be renewed, an
application for renewal shall be filed with the city. The decision whether or not to renew a license
rests within the sound discretion of the Council. No licensee has a right to have the license
renewed.
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Section 28. TRANSFER OF LICENSE.
No license issued under this Ordinance may be transferred without the approval of the
Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the license,
and a transfer of stock without prior Council approval is a ground for revocation of the license.
An application to transfer a license shall be treated the same as an application for a new license,
and all of the provisions of this code applying to applications for a license shall apply. Penalty,
see §99.
Section 29. INVESTIGATION.
(A) Preliminary background and financial investigation. On an initial application for a
license, on an application for transfer of a license and, in the sound discretion of the Council that
it is in the public interest to do so, on an application for renewal of a license, the city shall
conduct a preliminary background and financial investigation of the applicant or it may contract
with the Commissioner of Public Safety for the investigation. The applicant shall pay with the
application an investigation fee of$500 which shall be in addition to any license fee. If the cost
of the preliminary investigation is less than $500, the unused balance shall be returned to the
applicant. The results of the preliminary investigation shall be sent to the Commissioner of
Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine
license.
(B) Comprehensive background and financial investigation. If the results of a
preliminary investigation warrant, in the sound discretion of the Council, a comprehensive
background and financial investigation, the Council may either conduct the investigation itself or
contract with the Commissioner of Public Safety for the investigation. The investigation fee for
this comprehensive background and financial investigation to be paid by the applicant shall be
$500, less any amount paid for the initial investigation if the investigation is to be conducted
within the state, and $10,000, less any amount paid for the initial investigation, if the
investigation is required outside the state. The unused balance of the fee shall be returned to the
applicant whether or not the application is denied. The fee shall be paid in advance of any
investigation and the amount actually expended on the investigation shall not be refundable in
the event the application is denied. The results of the comprehensive investigation shall be sent to
the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license
or an on-sale wine license.
Section 30. HEARING AND ISSUANCE.
The Council shall investigate all facts set out in the application and not investigated in the
preliminary or comprehensive background and financial investigations. Opportunity shall be
given to any person to be heard for or against the granting of the license. After the investigation
and hearing, the Council shall in its sound discretion grant or deny the application. No license
shall become effective until the proof of financial security has been approved by the
Commissioner of Public Safety.
Section 31. RESTRICTIONS ON ISSUANCE.
(A) Each license shall be issued only to the applicant for the premises described in the
application.
(B)Not more than one license shall be directly or indirectly issued within the city to any
one person.
(C) No license shall be granted or renewed for operation on any premises on which taxes,
assessments, utility charges, service charges, or other financial claims of the city are delinquent
and unpaid.
(D) No license shall be issued for any place or any business ineligible for a license under
state law.
(E) No license shall be issued to any person who is not a resident of the state. If the
applicant is a corporation, all of the shareholders shall be residents of the state. The provisions of
this division (E) shall not apply to any license existing on the effective date of this Ordinance or
to the renewal of an existing license.
Section 32. CONDITIONS OF LICENSE.
The failure of a licensee to meet any one of the conditions of the license specified below
shall result in a suspension of the license until the condition is met.
(A) Within 90 days after employment, every person selling or serving liquor in an
establishment which has an "on-sale" license shall receive training regarding the selling or
serving of liquor to customers. The training shall be provided by an organization approved by the
Council. Proof of training shall be provided by the licensee.
(B) Every licensee is responsible for the conduct of the place of business and the
conditions of sobriety and order in it. The act of any employee on the licensed premises is
deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by
this Ordinance and the law equally with the employee.
(C) Every licensee shall allow any peace officer, health officer, city employee, or any
other person designated by the Council to conduct compliance checks and to otherwise enter,
inspect, and search the premises of the licensee during business hours and after business hours
during the time when customers remain on the premises without a warrant.
(D)No on-sale establishment shall display liquor to the public during hours when the sale
of liquor is prohibited.
(E) Compliance with financial responsibility requirements of state law and of this
Ordinance is a continuing condition of any license. Penalty, see §99.
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Section 33. HOURS AND DAYS OF SALE.
(A) The hours of operation and days of sale shall be those set by M.S. § 340A.504, as it
may be amended from time to time, except that no sale of 3.2 percent malt liquor or intoxicating
liquor may be made between the hours of 1:00 a.m. and 8:00 a.m. on any day.
(B) No person shall consume nor shall any on-sale licensee permit any consumption of
intoxicating liquor or 3.2 percent malt liquor in an on-sale licensed premises more than 30
minutes after the time when a sale can legally occur.
(C) No on-sale licensee shall permit any glass, bottle, or other container containing
intoxicating liquor or 3.2 percent malt liquor to remain upon any table,bar, stool, or other place
where customers are served, more than 30 minutes after the time when a sale can legally occur.
(D) No person, other than the licensee and any employee, shall remain on the on-sale
licensed premises more than 30 minutes after the time when a sale can legally occur.
(E) Any violation of any condition of this section may be grounds for revocation or
suspension of the license. Penalty, see §99.
Section 34. MINORS ON PREMISES.
(A) No person under the age of 18 years shall be employed in any rooms constituting the
place in which intoxicating liquors or 3.2 percent malt liquor are sold at retail on sale, except that
persons under the age of 18 may be employed as musicians or to perform the duties of a bus
person or dishwashing services in places defined as a restaurant, hotel, motel or other
multi-purpose building serving food in rooms in which intoxicating liquors or 3.2 percent malt
liquor are sold at retail on sale.
(B) No person under the age of 21 years may enter a licensed establishment except to
work, consume meals on premises that qualify as a restaurant, or attend social functions that are
held in a portion of the premises where liquor is not sold. Penalty, see §99.
Section 35. RESTRICTIONS ON PURCHASE AND CONSUMPTION.
No person shall mix or prepare liquor for consumption in any public place of business
unless it has a license to sell on-sale, or a permit from the Commissioner of Public Safety under
the provisions of M.S. § 340A.414, as it may be amended from time to time, which has been
approved by the Council, and no person shall consume liquor in any such place. Penalty, see
§99.
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Section 36. SUSPENSION AND REVOCATION.
(A) The Council shall either suspend for a period not to exceed 60 days or revoke any
liquor license upon finding that the licensee has failed to comply with any applicable statute,
regulation, or provision of this Ordinance relating to liquor. Except in cases of lapse of proof of
financial responsibility, no suspension or revocation shall take effect until the licensee has been
afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, M.S. §§
14.57 to 14.70, as it may be amended from time to time. The Council may act as the hearing body
under that act, or it may contract with the Office of Hearing Examiners for a hearing officer.
(B) The following are the minimum periods of suspension or revocation which shall be
imposed by the Council for violations of the provisions of this Ordinance or M.S. Ch. 340A, as it
may be amended from time to time or any rules promulgated under that Ordinance as they may
be amended from time to time:
(1) For commission of a felony related to the licensed activity, sale of alcoholic
beverages while the license is under suspension, sale of intoxicating liquor where the only license
is for 3.2 percent malt liquor, or violation of§4,the license shall be revoked.
(2) The license shall be suspended by the Council after a finding under division
(A) that the licensee has failed to comply with any applicable statute, rule, or provision of this
Ordinance for at least the minimum periods as follows:
(a) For the first violation within any three-year period, at least one day
suspension in addition to any criminal or civil penalties which may be imposed.
(b) For a second violation within any three-year period, at least three
consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
(c) For the third violation within any three-year period, at least seven
consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
(d) For a fourth violation within any three-year period, the license shall be
revoked.
(3) The Council shall select the day or days during which the license will be
suspended.
(C) Lapse of required proof of financial responsibility shall effect an immediate
suspension of any license issued pursuant to this Ordinance or state law without further action of
the Council. Notice of cancellation or lapse of a current liquor liability policy shall also
constitute notice to the licensee of the impending suspension of the license. The holder of a
license who has received notice of lapse of required insurance or of suspension or revocation of a
license may request a hearing thereon and, if a request is made in writing to the Clerk, a hearing
before the Council shall be granted within ten days. Any suspension under this Subdivision (C)
10
shall continue until the Council determines that the financial responsibility requirements of state
law and this Ordinance have again been met.
(D) The provisions of §99 pertaining to administrative penalty may be imposed in
addition to or in lieu of any suspension or revocation under this Ordinance. Penalty, see §99.
Section 99. PENALTIES.
(A) Any person violating the provisions of this Ordinance or M.S. Ch. 340A as it may be
amended from time to time or any rules promulgated under this Ordinance as it may be amended
from time to time is guilty of a misdemeanor and upon conviction shall be punished as provided
by law.
(B) The Council shall impose a civil penalty of up to $2,000 for each violation of M.S.
Ch. 340A, as it may be amended from time to time, and of this Ordinance. Conviction of a
violation in a court of law is not required in order for the Council to impose the civil penalty. A
hearing under the Administrative Procedures Act, M.S. §§ 14.57 to 14.70, as it may be amended
from time to time, is not required before the penalty is imposed, but the Council shall hold a
hearing on the proposed violation and the proposed penalty and hear any person who wishes to
speak. Non-payment of the penalty is grounds for suspension or revocation of the license. The
following is the minimum schedule of presumptive civil penalties Which must be imposed in
addition to any suspension unless the licenses is revoked:
(1) For the first violation within any three-year period, $500.
(2) For the second violation within any three-year period, $1,000.
(3)For the third and subsequent violations within any three-year period, $2,000.
(C) The term "violation" as used in this section includes any and all violations of the
provisions of this Ordinance, or of M.S. Ch. 340A, as it may be amended from time to time or
any rules promulgated under this Ordinance as they may be amended from time to time. The
number of violations shall be determined on the basis of the history of violations for the
preceding three-year period. Revocation shall occur within 60 days following a violation for
which revocation is imposed.
Passed and adopted by the City Council of the City of Scandia this 2nd day of January,
2007.
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Hurlburt, Clerk/Administrator
11
Meeting Date: 1/2/2007
Agenda Item: 3
City Council Agenda Report
City of Scandia
14727 209th St. North, P.O. Box 128
Scandia, MN 55073 (651)433-2274
Action Requested: Adopt Ordinance No. 94 Setting Salaries of Mayor and City Council.
Deadline/ Timeline: This ordinance should be adopted at the Council's organizational
meeting. Thereafter, City Council salaries may only be increased by
an ordinance to be effective after the next municipal election.
Background: • The Town Board and incoming Council members discussed
salaries at the workshop meeting on December 13.
Councilmembers Peterson and Yehle were appointed to a
subcommittee to work with staff to draft an ordinance.
• The ordinance was reviewed and modified by the subcommittee to
provide a salary of$3,700 per year for Mayor and $3,000 for
Councilmember.
• The ordinance includes a section providing for cost-of-living
adjustments without the need to amend the ordinance. The
adjustment would occur only every other year, to meet the state
law requirement than an adjustment can occur only after the next
election.
• The subcommittee considered but did not recommend a provision
for additional compensation for members serving on special
committees.
• The total council compensation as proposed would be $15,700,
compared to the 2007 budgeted amount of$16,000.
Recommendation: I recommend that the Council adopt the ordinance.
Attachments/ • Draft Ordinance No. 94
Materials provided:
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(council salaries)
Page 1 of 1
12/28/06
CITY OF SCANDIA
ORDINANCE NO. 94
AN ORDINANCE ESTABLISHING COMPENSATION FOR THE MAYOR
AND CITY COUNCIL OF THE CITY OF SCANDIA
The City Council of the City of Scandia hereby ordains:
Section 1. SALARY OF MAYOR.
The salary of the Mayor shall be $3,700 per year.
Section 2. SALARY OF COUNCILMEMBERS.
The salary of a Councilmember shall be $3,000 per year.
Section 3. SALARY ADJUSTMENT.
Following the municipal regular election in 2008, and following each subsequent
municipal regular election, the salary of the Mayor and Councilmembers shall be adjusted
following the municipal election to become effective January 1 in a percentage equal to the
change in the United States Department of Labor Consumer Price Index (November report) for
all urban consumers U.S. city average since the last salary adjustment.
Section 4. EFFECTIVE DATE.
This ordinance shall become effective upon its passage and publication according to law.
Passed and adopted by the City Council of the City of Scandia this 2nd day of January, 2007.
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Hurlburt, Clerk/Administrator
Meeting Date: 1/2/2007
Agenda Item: -
777)
City Council Agenda Report
City of Scandia
14727 209th St. North, P.O. Box 128
Scandia, MN 55073 (651)433-2274
Action Requested: Review and approve revised expense reimbursement policy, including
compensation for commission and committee members.
Deadline/ Timeline: N/A
Background: • The current policy,which was adopted by the township in April
2005, covers a variety of issues including payment of expenses for
employees, town board members and commission and committee
members.
• As a city, council member compensation must be set by ordinance.
• There has been some confusion with interpreting the current
policy, and some inconsistency in its application. For example,
when to apply the meeting rate or hourly rates, or whether a
committee member is paid for a subcommittee meeting.
• Just as with the council's compensation, there would be some
advantages in administration and clarity if a set reimbursement
amount was set for commission or committee members.
• An updated policy is needed in anticipation of hiring an employee
(a building official)who will be expected to use their own vehicle
for business within the city, at least for a time. It would not be
realistic for the city to expect the employee to pick up this
expense. The current policy does not allow reimbursement for any
in-city mileage.
• The current policies lack detail on certain types of expense, such
as travel to conferences or meetings requiring overnight stays.
Such expenditures may be necessary for training or conferences
for the council or professional staff in the future.
• The current policy also specifies that employees are to be paid
$70.00 for attendance at town board meetings. The only
employees affected are the Deputy Clerk and Treasurer.
• The League of Minnesota Cities does not collect data on
compensation for commissions and committees. A non-scientific
Page 1 of 3
12/28/06
poll taken on a League listsery about a year ago found a number of
cities that paid planning commissioners $20 to $25 per monthly
meeting. Most were very small cities. A few larger communities,
whose planning commissions meet twice a month, paid more.
Maple Grove, for example, paid planning commissioners $500/yr,
and Shakopee paid $50/meeting with a maximum of$100/month.
Blaine paid $35/month for planning commissioners and $50 for
the chair.
Recommendation: I have drafted a new expense reimbursement policy for consideration
by the council. Some of the key features are:
• Employees (but not council or committee members) would be
eligible to be reimbursed for mileage expense while on city
business, inside or outside city limits. The council and
committees would be eligible for mileage traveled outside of the
city. Language to ensure that mileage reimbursement is consistent
with IRS rules (i.e. commuting) has been included.
• City Council approval would be required for any event requiring
overnight travel.
• Policies on meal and lodging reimbursement when an overnight
stay is required have been added.
• Compensation for Planning Commission and committee members
would be changed from a per meeting or per hour rate to a flat
dollar amount, to be paid quarterly. Members would need to
attend a majority of the official meetings during that quarter to
receive their payment. The amounts of compensation listed in the
draft policy are:
o Planning Commission chair: $300/quarter($1,200/yr)
o Planning Commission member: $250/quarter($1,000/yr)
o Parks Committee member: $60/quarter($240/yr)
• The 2007 budget includes $5,700 for Planning Commissioner
compensation; the above rates would be slightly under the budget
($5,200.) The pay could be adjusted if the Council wishes, or the
remainder could be used for training or other Commission
expenses. The total amount paid to Planning Commissioners in
2006 was $5,891, an average of$1,178/yr per member.
• The 2007 budget includes $2,000 for Parks Committee
compensation. The$60/quarter rate for 9 members would slightly
exceed the budget($2,160)but is approximately equal to what
they are paid now($20/meeting.)
• Reference to employee pay for meeting attendance has been
deleted. This is more properly dealt with in the personnel polices,
which are currently being redrafted. Until then, I recommend that
we continue to pay the Deputy Clerk and Treasurer$70 for
attendance at city council meetings as has been the practice.
Page 2 of 3
12/28/06
Attachments/ • Draft policy
Materials provided: • Reimbursement Policy, April 19 2005
Contact(s):
Prepared by: Anne Huriburt, Administrator
(expense policy)
Page 3 of 3
12/28/06
City of Scandia
Expense Reimbursement Policy
Draft for Discussion by the City Council
January 2, 2007
This policy establishes guidelines and procedures for the payment and reimbursement of
city expenses incurred by city employees and city officials. This policy applies to all city
employees, including temporary and part-time employees,the mayor, members of the
city council, and members of any commission or committee of the city.
A. Mileage/Travel
1. Travel by employees using a personal vehicle when on city business shall be
reimbursed at the IRS rate(2007 rate=$0.485/mile.)
2. If a personal vehicle is used for travel on city business,proof of automobile
insurance meeting state minimum requirements must be presented,if
requested,before reimbursement for mileage will be granted.
3. Travel to and from the worksite(commuting)is not eligible for
reimbursement. This includes evenings and weekends. If city business is
conducted during a commute to or f ozm the worksite,reimbursement will only
be granted for mileage above and beyond that which would have been driven
if a typical direct route were followed.
4. Travel by the mayor,city council members or commission or committee
members using a personal vehicle when on city business shall be reimbursed
only when traveling outside of the city.
B. Meals and Lodging
1. Employees and others covered by this policy may be reimbursed for meals
when they attend a meeting or city business outside of the city over the lunch
or dinner hour. A maximum of$10.00 will be reimbursed for lunch and a
maximum of$15.00 will be reimbursed for dinner. Receipts shall be
provided. .
2. When travel requires an overnight stay,per diem meal expense of$25 per day
will be allowed without receipts being required. Meal allowances up to a
maximum of$40, including gratuities, per any 24-hour period shall be
reimbursed if receipts accompany the request for reimbursement. If any meals
are included in conference or seminar registration fees, deductions to the per
diem or meal allowance maximum will be made in the following amounts:
$5.00,breakfast; $7.00, lunch; $13.00, dinner.
3. Accommodations shall be appropriate to the purpose of the trip. Rates paid
shall be comparable to those of the facilities in the area. The hotel hosting a
1
meeting or conference shall be deemed to be an appropriate accommodation.
The city will pay for the single rate only.
C. Other Expenses
1. Payment for registration fees for seminars, conferences or workshops may be
paid or reimbursed if authorized in advance.
2. Telephone calls or faxes relating to city business may be reimbursed with
proper documentation.
3. Purchases of any materials, supplies or equipment shall be made according to
purchasing policies adopted by the city council.
D. Commission and Committee Members
1. Members of commissions and committees serving in an advisory capacity to
the city council may incur expenses and will spend personal time in
fulfillment of their duties. In recognition of this, compensation shall be paid
on a quarterly basis to members in attendance at a majority of the official
meetings of the commission or committee during that quarter.
2. Planning Commission members shall receive$250 per quarter.
3. The Planning Commission chair shall receive $300 per quarter.
4. Park and Recreation Committee members shall receive $60 per quarter.
5. Compensation, if any, for any other advisory committee members not listed
above shall be set by the City Council when the appointment is made.
E. Procedures
1. Travel requiring an overnight stay shall be pre-approved by the City Council.
2. Whenever possible,the city will make direct payments for registrations and
other authorized expenditures.
3. If it is necessary for the employee or other person covered by this policy to
make a purchase using personal funds, detailed receipts shall be presented
prior to any reimbursement being made.
4. Requests for reimbursement for mileage and other authorized expenditures
shall be submitted, on a form provided by the city, not later than 90 days after
the expense has been incurred. Expense reports shall be submitted quarterly.
2
City of Scandia
Travel/ Expense Reimbursement Form
Miles e
Date Description Miles
Total Miles:
(2007 IRS Rate) X $.485/Mile=
Mileage Reimbursement Requested:
Other Ex a enses
Date Description Amount
Total Reimbursement Requested:
Name: Date
Reimbursement will be made based on Policy adopted by the City Council on January 2, 2007.
REIMBURSEMENT POLICY
April 19, 2005
1. Mileage shall be paid equal to IRS rate per mile and only applicable when traveling
outside of the Township for Township business.
2. Employees, Town Board and Planning Commission members may be reimbursed for
meals when they attend a meeting or Township business outside of the Township if
over the lunch or dinner hour. A maximum of$10.00 will be reimbursed.
3. Town Board members will use time cards to record meetings and hours.
4. Planning Commission members will use form titled Meetings/Hours presented for
payment.
5. Travel/Expense Reimbursement form will be used by Town Board members and •
Planning Commission members for mileage and meal reimbursement.
6. All reimbursement requests should be turned into the office at least quarterly.
7. Pay rates for meetings are as follows:
Planning Commission Members $40.00
Planning Commission Chairman 50.00
Town Board Members and Staff 70.00
. Town Board Chairman 90.00
Committee Members 20.00
(Standing Committees, Park,
Road, etc.
• Town Board members and Planning Commission members hourly rate$10.00 with a
minimum of two (2)hours.
• If a Town Board member is called out or make a site visit the hourly rate is
applied.
• If there are three (3) Town Board members or three (3)Planning Commission
members the meeting rate is applied.
Reimbursement Policy
April 19, 2005
page 2 of 2
• If a Town Board member or Planning Commission member is appointed to a
Standing Committee the meeting rate is applied.
• If two (2) Town Board members or two (2) Planning Commission members or if the
members are appointed to a Non-Standing Committee and a meeting or site visit is
required the hourly rate is applied.
• If a Town Board member or Planning Commission member is representing the
Township at a meeting the meeting rate is applied.
If you have any questions please do not hesitate to contact the Township Office at 651-
433-2274.
Meeting Date: 1/2/2007
Agenda Item: 3
City Council Agenda Report
City of Scandia
14727 209`h St. North, P.O. Box 128
Scandia, MN 55073 (651) 433-2274
Action Requested: 1) View a video on the Minnesota Open Meeting Law (17 minutes)
2) Discuss additional training and orientation needs of the Council
and consider setting date(s) for workshop meeting(s.)
Deadline/ Timeline:
Background: • The video from the League of Minnesota Cities (LMC) will
provide some good training on the Open Meeting Law. When we
purchased open meeting law defense coverage from LMCIT, we
committed to provide this training to the Council as soon as
possible.
• Information has previously been provided to the Council on
training opportunities from the LMC (January 26 & 27
conference) and the Board of Appeals training(January 18.) The
Council may wish to discuss which members will attend.
• I also recommend that the Council schedule an additional
orientation session for sometime in January or early February.
One topic strongly recommended is a review of the city's budget
and finances. The agenda could also include other topics as may
be desired by the Council, such as presentations on various
functions or departments.
Recommendation: I recommend that the Council view the video, discuss additional
training and orientation needs, and if possible schedule a workshop
session for January or early February.
Attachments/ • None
Materials provided:
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(training)
Page 1 of 1
12/28/06
City of Scandia
Memo
To: City Council Members
From: Anne Huriburt, Administrator
Date: 12/18/2006
Re: Seating Chart for City Council Meetings
Mayor-elect Seefeldt has suggested the following seating arrangement at the dais in
the Council Chamber. This is how we will set up the room for all regular meetings.
Please let me know if you have any questions.
sr`e Nam0 Y Seefei pe
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• Page 1
Town of New Scandia
City of Scandia, Minnesota
You Are Invited
To be part of Scandia History
at the Swearing-In of the
City Council
Tuesday, January 2, 2007
7:00 p.m.
New Scandia Community Center
14727 209th Street North
Scandia, Minnesota 55073
Please join us as we recognize the end of township government and the
beginning of our new city. A brief ceremony will be followed by cake and
coffee. The Council will hold its first business meeting at 8:00 p.m.
For questions please call 651 433-2274.
Town of New Scandia City of Scandia
Board of Supervisors City Council
Chair Dennis Seefeldt Mayor-Elect Dennis Seefeldt
Supervisor Blair Joselyn Councilmember-Elect Dolores Peterson
Supervisor Nancy Madden Councilmember-Elect Pete Crum
Supervisor Mike Hinz Councilmember-Elect Mike Harnetty
Supervisor Mike Harnetty Councilmember-Elect Donnette Yehle