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1998-01-20 CC Packet• ALBERTVILLE CITY CC7UNCIL AGENDA January 20, 1998 7:00 PM i. CALL TO ORDER/ROLL CALL/ADOPT AGENDA(Council/Clerk/Council ) 2. MINUTES (council) - Regular City Council Meeting - January 5, 1998 3. AUDITING CLAIMS (Council) - Check #'s 10162 - 10196 4. CITIZEN FORUM - 10 Minute Limit 5. CONSENT AGENDA [*3 (Council) a. Financial Statement - December b. City Administrator Budget Detail C. Schedule public hearing on the vacation of Kadler Avenue within the golf course limits along the common boundary between St. Michael and Albertville for February 17, 1998, at 7:30 PM SPECIAL ORDER — PUBLIC HEARING'"'R - 52 RESOLUTION 1998-2 Vacation of .old Highway 1 ( # ) 7. DEPARTMENT BUSINESS a. LEGAL None b. PUBLIC SAFETY (1) Building Maintenance and Occupancy Ordinance (2) Approval of specs for Fire Departmetn rescue vehicle C. ENGINEERING (1) ISTEA Application - CSAH 19 & I-94 Ramps (2) WWTF - Facility Plan Update (3) NE Trunk Sanitary Sewer & Water Main - Continuation (4) Kadler Avenue Closing Plan 1 • • • d . PLANTING & ZONING (1) Conditional Use Permit for outside storage and building addition to International Country Antiques building (2) Rezoning Request from STMA Hockey Association and Don Barthel ORDINANCE #1998-1 (AN AMENDMENT TO THE CITY'S ZONING ORDINANCE #1988-12 MAP AMENDMENT) (3) Development Stage Preliminary Plat and Final Stage (Center Oaks 2nd Addition Final Plat) Planned Unit Development e. ADMINISTRATION (1) Strategic Planning Session - Set (2) Tobacco Access Law & Licensing over licensing and compliance County (3) Technology Purchase (Computers, etc.) Dates Consider turning checks to Wright Printers, Scanner, (4) Consider amendment of the Joint Operating & Authorization Agreement addition of eminent domain powers 8. ADJOURNMENT. (Council) (5) cv-� Powers Board regarding the K UPCOKING SINGS INMRTANT DATES January 21 Staff Meeting XOO AI January 26 Regular Joint Powers Board Meeting 7:00 Hsi February 2 Regular City Council Meeting 7:00 R4 February 10 Regular Planning & Zoning Meeting 7:OO Ri February 16 President's Day - City Offices Closed February 17 Regular City Council Meeting 7:00 Hsi • F� 1,LBERTVILLE CITY COUNCIL Jammrr 5. 1998 Albertville City Hall 7:00 PM PRESENT: Mayor Mark Olsen, Councilmembers Patricia Stalberger, Robert Gundersen, Duane Berning, John Vetsch, City Administrator David Lund and City Clerk Linda Goeb Mayor Olsen called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following items: Item 4 - Discussion of River Rider Program Item 6c(5) - Compost Day for Christmas trees Item 6c(6) - Discussion of ice rink policies Item 6c(7) - Approval to have attorney review specs for new Fire Department rescue truck Item 6c(8) - Cigarette and Amusement Licenses Berning made a motion to approve the agenda as amended. Stalberger seconded the motion. All voted aye. The minutes of the December 15, 1997, meeting were amended as follows: Page 3, Paragraph 4, will be January 20, 1998. . ." Page 4, Paragraph 2 will be #1997-66 with Resolution #1997-67 Equity Final Report". Page 4, Paragraph 3 will be #1997-67 with Resolution #1997-66 Guimont As Maintenance Worker II), changed to ". . . highway 152 on amended by replacing Resolution (A Resolution Adopting the Pay amended by replacing Resolution (A Resolution Appointing Timothy Olsen made a motion to approve the minutes as amended. Stalberger seconded the motion. Olsen made a motion to approve the minutes of the December 29, 1997, special meeting as presented. Stalberger seconded the motion. All voted aye. Berning made a motion to authorize payment of bills as presented (Check #'s 10144 - 10149). Vetsch seconded the motion. All voted aye. LeRoy Berning, representing the Albertville Jaycees, requested the City Council grant permission for a truck sign advertising the upcoming ISOC Snowmobile Race to be parked in the MacKenzie Avenue NE cul-de-sac until the middle of February. The Council directed Administrator Lund to determine if there are potential problems with snowplowing with the truck located there. If the Public Works Department does not have problems plowing, the truck sign may 11 remain where it is. Councilmember Berning addressed the Council on behalf of Commissioner Judie Rose, who was unable to attend the meeting herself because of inclement weather, regarding the River Rider Program. Commissioner Rose wanted the Council to be aware that by not participating in the costs of the River Rider Program, the citizens of Albertville would not be eligible to use the transportation system. The Council indicated that they understood there would be no service to Albertville and reconfirmed their decision to not participate in the River Rider Program for 1998. Berning made a motion to approve the Financial Statement for November as presented. Gundersen seconded the motion.. All voted aye. Berning made a motion to approve the Revenue/Expenditure Report for November as presented. Gundersen seconded the motion. All voted aye. Berning made a motion to approve the November 1997 WWTF Operations Report as presented. Gundersen seconded the motion. All voted aye. Berning made a motion to approve the 1998 contract for building- inspections with Diversified Inspection Services. Gundersen seconded the motion. All voted aye. L'A & The Council directed Administrator Hal to investigate the new cigarette law and make a recommendation as to whether the City should continue licensing vendors selling tobacco products or turn the licensing and compliance checks over to Wright County. Councilmember Vetsch suggested that the Council may want to look into hiring a part-time receptionist and creating another office in City Hall. The Council has only budgeted for temporary office help for 1998 and will take Vetsch's suggestion to the next budget year. Since the Council approved a lump sum dollar amount for the Administration Department budget in the Working Capital Reserve Department, the Council directed Administrator Lund to submit his proposal for the Administrator Department line item budgets tot he next Council meeting. The Council debated whether to open the compost site for Christmas tree disposal versus having the Public Works Department do a curb -side Christmas tree pick-up. toVetsch made a motion directed the Public Works Department to operate a curb -site pick-up for Christmas trees beginning on January 20 and continuing, if necessary because of snow plowing, i, • through January 23. Gundersen seconded the motion. Al voted aye. City Clerk Goeb suggested notice of the Christmas tree pick-up could be added to the fourth quarter sewer bills, as well as a notice in the Crow River News. Berning made a motion ordering the following: (1) The Public Works Department will unlock and clean the park shelter every week -day morning. (2) The Public Works Department will place plywood over the walls of the shelter that has not been covered. (3) To hire Larry Lee of the STMA Youth Hockey Association to relock the park shelter each weekday evening at 10:00 PM and to have Larry Lee unlock and lock the park shelter on weekend days at a rate of $5 per day. (4) Maintenance Worker II will set the park shelter alarm to begin functioning at 12:00 midnight. Stalberger seconded the motion. All voted aye. Gundersen made a motion authorizing the city attorney to review the specs drafted by the Fire Department for a new rescue truck. Stalberger seconded the motion. All voted aye. Olsenmade a motion to extend the City -issued cigarette licenses from January 1 to March 2 at a cost of $10 in order to give the City time to determine if they wish to continue licensing tobacco products. Vetsch seconded the motion. All voted aye. Berning made a motion to approve 1998 Amusement Licenses for the businesses with gaming machines. Stalberger seconded the motion. All voted aye. Berning made a motion to approve RESOLUTION #1998-1 titled A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF ALBERTVILLE FOR THE YEAR 1998, as amended during Council discussions. Gundersen seconded the motion. All voted aye. Olsen made a motion to adjourn at 8:15 Pm. Stalberger seconded the motion. All voted aye. 3 Mark Olsen, Mayor Linda Goeb, Clerk • CITY OF ALBERTVILLE BILLS TO BE PAID January 20, 1998 Check No. Vendor Reason Amount 10162 Affordable Sanitation City Park 63.90 10163 AirTouch Cellular FD/PW Cell Phones 11.84 10164 CarQuest Supplies 34.14 10165 Chouinard Office Products Supplies 59.01 10166 Diversified Inspection Service Inspections .6,315.64 10167 DJ's Total Home Care Supplies 92.71 10168 Driver -Vehicles Services Licenses 40.50 10169 Fehn Excavating L & D.Parking Lot 2,726.00 10170 First Trust 1993A GO/Ref 93,721.25 10171 First Trust 1993B GO Imp 81,560.00 10172 First Trust 1996A TIF Bond 59,785.00 10173 Firstar Trust 1988 AdvRef/Imp 68,427.50 10174 Gopher State One Call December Locates 15.75 10175 Granite Electronics F.D. Repairs 88.11. 10176 Gruys Borden Carlson Fire Relief Schedule 65.00 10177 Hack's December Supplies 42.22 10178 Harvest Printing Newsletter/Supplies 103.90 10179 Highland Bank 1994A GO Imp 46,203.75 10180 Highland Bank 1992 GO Ref 16,650.00 10181 Highland Bank Safe Deposit Box 40.00 10182 Larson Publications December 1,402.39 10183 MN Municipal Utilities Membership/Fees 215.00 10184 NSP Monthly Service 2,823.91 • • 10185 NAC, Inc. Planning Services 3,612.40 10186 PERA Life Insurance Payroll Deduction 12.00 10187 Pat's 66 Gas 55.01 10188 Post Office Annual Box Rent 36.00 10189 PSG January 1998 7,782.59 10190 Radzwill & Couri Legal Services 3,841.05 10191 Scharber & Sons Fittings for JD 17.87. 10192 Sentry Systems, Inc. Park Shelter Alarm 69.49 10193 SEH, Inc. Engineering 11,293.48 10194 Superior Services Garbage Service 89.87 10195 Unlimited Electric Repair FD light 170.15 10196 Wright Recycling December 1997 1,028.50 TOTAL $408,495.79 �i 14�1 CITY OF ITJ FINANCIAL STAZNT December 1 - December 31,1997 1997 Beginning Cash Balance November 30, 1997 $ 70,573.19 INCOME (Dec. 1 - Dec. 31) Building Permits. 45,741.00 Fire Contracts 9,508.88 HACA 69,070.50 Impound Fees 38.00 Interest (Dec.) 725 95 LGA 41,569.50 LPA 1,192.00 Loan Payment - Fraser 689.06 PERA Aid 389.50 Planning Fees 1,350.00 Police Aid 3,709.12 Recycling Incentive 870.55 Refund - Insurance Prem. 4,918.00 Reimbursement-JPB 74,000.00 Sale - Dain Bosworth 21,000.00 Sewer License 45.00 Sewer/Storm Water 1,963.07 Special Assessments 35,160.44 TAC Charges 15,694.00 Tax Settlement (NOV) 347,152.24 TIF #5 36,253.66 TIF #6 25,102.30 Title Search 80.00 Miscellaneous 399.74 TOTAL INCOME 736,933.35 Transfer in from Savings 12/1/97 100,000.00 EXPENSES Check Vs 10034 - 10056 (Approved 12/1/97) 79,392.87 Check Vs 10060 - 10114 (Approved 12/15/97) 290,983.13 PreApproved Checks 98,279.62 (List Attached) TOTAL EXPENSES 468,655.62 Ending Cash Balance December 31, 1997 ,$438,850.92 • �►):r++ 4rI��MIF4 CD #9226 - Alb. Development Corp. matures 1/28/98 CD #22202 - matures 4/07/98 @ 6.12% CD #300116 - AFD — matures 6/26/98 @ 4.7% Dain Bosworth Investments (12/31/97) TOTAL INVESTMENTS Money Market Savings Acct..(12/31/97) • 7,570.40 554,777.10 25,183.60 1,306,550.17 $1,894,081.27 $657,993.66 CITY OF ALBERTVILLE PRFA[TTHO�RIZED CHECKS ISSUED December 1 - December 31, 1997 Check No Vendor Reason Amount Payroll Ending 12/05/97 Ck. #5016-5022 3,303.00 10057 Highland Bank November Federal Tax 2,305.58 10058 MN Dept. of Revenue November State Taxes 392.80 10059 USCM Midwest Payroll Deduction 92.00 Payroll Ending 12/19/97 Ch. #5023-5026 2,960.67 Payroll Ending 12/31/97 Ch. #5027-5039 1,025.07 Check #10115-10119 VOID 10120 Action Radio Pager Batteries 53.25 10121 Affordable Sanitation City Park 31.95 10122 Central Rivers CoOp Boots 13.83 10123 First Nat'l Bank of ER 1992A Imp Bond 5,201.78 10124 First Trust Fiscal Agent Fees 424.00 10125 Fraser Steel Rebate of Taxes 25,102.30 10126 Highland Bank 1992A Imp Bond 10,593.58 10127 Kenco Construction Reimburse TAC Fees 10,089.00 10128 Kennedy &'Graven Barthel TIF 51.50 10129 MainStreet Designs Christmas Bulbs 31.20 10130 Meiny's Diggers Repairs 5,737.00 10131 City of Monticello Animal Control 270.00 10132 MSC TimeClock/Cards 354.51 10133 Newman Traffic Signs Signs 87.76 10134 PERA 12/6 - 12/19 352.74 10135 PSG December 7,782.59 10136 Rockford State Bank 1992A Imp Bond 10,593.58 10137 Security State Bank-ML 1992A Imp Bond 10138 Simonson Lumber Materials 10139 Sprint Long Distance Call 10140 Sprint-UTS Service 10141 St. Michael Floral Flowers 10142 Unlimited Electric Christmas Lights 10143 Wr. Co. Treasurer TIT Notices TOTAL 10,593.58 70.77 s 30.41 312.71 56.75 242.50 123.21 $ 98,279.62 0.300 GEN. GOVT. - CITY ADMINISTRATOR 56 9 1 1998 BUDGET 511.100 WAGES - Administrator qa V.M $35,000 --- -------------------------------------)--------------------------------------- 521 000 Group Insurance U ----------___-_----___-_______-_------ $5,956 --------------------------------------- 522.000 FICA Contributions 3 $2,730 --------------------------------------- 523.000 PERA Contributions -�ii3----------------------------------- f,��Z $1,849 _ _ _ 526.000 __ WorkersComp Ins. 2l $147 ---------------------------------------------------------- 552.000 Ins. Other Than Emp. Ben. $500 3------------------- $1,000 ----------- ------0_Travel--- 561.100 -------------------- General Supplies -.LW $200 561_. _ Training/Instructional Sup.3 V-% _300 $600 ---------------------------------------------------------------------- 5 4.300 Capital Outlay-Furn/Fix *** 1t"`� _ $3,700 .000_Dues_& -_-------------------------------- Subscriptions _________3 0 �=�----------- $200 -___ -___ ----------- __________________ ___________-__-__ -- -- __----------___-____-------------- $51,882 _______________________________________________________________________ • PILOT • LAND DHVBLOPMBNT COMPANY December 31, 1997 Mr. Mayor & City Council Members City Consultants c/o Ms. Linda Houghton City Clerk 5975 Main Avenue NE. Albertville, MN 55301 RE: Petiio_to vacate Sadler ,A,venue to Comply with Master Plan grading Dear Council: This letter serves to request the City of Albertville vacate Kadler Avenue within the golf Course limits along the common boundary between St. Michael and Albertville. A full set of road closure plans have been forwarded to SEH and to St, Michael which they are reviewing. St. Michael will be vacating then share of Kadler on January 13, 1998. (see attached advertisement) We will commence grading in mid January on the golf coarse and will be installing the road closure signs as part of the first phase. We will be scheduling a preeonstructin meeting with SEH upon selection of the grading contractor before January 16. It is not relevant that the vacation occur at the same time as the road closure, since roads are closed all the time for a variety of reasons without vacating the right of way. Pilot is the land owner of both parcels of land on either side of Kadler Avenue. Should the City require additional signatures other than those provided under the original applications for the PUD which had Kadler vacation checked off, please set one aside for me to execute. We loop forward to your quick scheduling of this item and were informed by Mr. Cburi that the Council would be in a position to order a public hearing on the closure at thq January 5 meeting. Please contact us with any questions you may have at any time. 'Thank you in advance for your approval. Since iy, Donal Jensen , Land Development Director • Attachments: St. Michael notice, plan set of road 13736, Johnson Street NE - Ham Lake, MN 65304 • 757-9816 • Fax: 757-4094 03N3N wdee:6 866t'S 'NUC JAN-09-98 FRI 12:38 MEYER-ROHLIN. INC. 612 682 9492 P.02 • To Be Vacated: KADLER AVENUE (Section 2 & 3) A 66.00 foot easement for public right of way purposes, the side lines of said easement are to be prolonged or shortened to terminate on other public right of way easement lines. That part of Sections 2 and 3, Township 120, Range 24, Wright County, Minnesota, the centerline being described as follows: Commencing at the northwest corner of Section 2; thence South 880 39' 57" East, assumed bearing, along the north line of the Northwest Quarter of Secaron 2, a distance of 145.00 feet to the point of beginning of the centerline to be described; thence South 53" 01' 12" West, a distance of 117.14 feet; thence southerly along a tangential curve, concave to the east, having a central angle of 50° 48' 08", radius of 118.86 feet, and arc length of 105.39 feet; thence South 2° 13' 04" Wcst, a distance of 1349.19 feet to the centerline of County Road No. 118 and terminating thereat. Filie 97294 • 0 to • CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OP M1NNES0TA RESOLUTION NO. 1998- RESOLUTION VACATING A PORTION OF OLD STATE HIGHWAY NO. 152 WHEREAS, the City of Albertville has duly published and mailed notice of a public hearing to consider the vacation of a portion of old state highway no. 152 described as: That part of the East Half of the Northeast Quarter of Section 1, Township 120, Range 24, Wright County, Minnesota, formerly being a part of Minnesota Trunk Highway Number 152 which was turned back to the City of Albertville by the State of Minnesota by Quit Claim Deed, recorded in Book 297 of beds, page 926, Document No. 351233, which lies east of the following described line: Commencing at the intersection of the easterly line of Barthel Drive and the northerly right of way line of the Burlington • Northern Railroad as platted in Barthel Industrial Parr according to the plat ` thereof on file and of record in the office of the County Recorder, Wright County, Minnesota; thence N 300 06' 58" E, plat bearing, along the easterly right of way line of said Barthel Drive, a distance of 180.00 feet; thence northwesterly and along the said easterly right of way line along a tangential curve, concave to the west, having a radius of 350.66 feet and a central angle of 420 24' 22', a distance of 259.53 feet to the actual point of beginning of the line to be described; thence N 33' 27' 06" E, not tangent to said curve, a distance of 144.87 feet to a point on the southerly right of way line of Interstate Number 94 and there terminating. WHEREAS, the City believes that said portion of old state highway no. 152 as said portion of highway is no longer need for highway purposes; and WHEREAS, the City believes that said portion of old state highway no. 152 would best serve the public if it were returned to the tax rolls; and WHEREAS, the City believes that it is in the interest of the public to vacate said portion of old state highway no. 152; • NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ALBERTVILLE: 1. The City finds that the portion of old state highway no. 152 described above is no longer need for highway or street purposes; and 2. The City finds that said portion of old state highway no. 152 would best serve the public if it were a tax -generating property; and 3. The City finds that it is in the interest of the public to vacate said portion of old state highway no. 152; 4. The City Clerk is hereby directed to execute the necessary paperwork to complete the vacation of said portion of old state highway no. 152. Dated: ATTEST: Clerk 0 Mayor • William S. RadzwiU Andrew J. MacArthur Michael C. Couri Megan M. McDonald December 8, 1997 Mr. Keith Franklin Mr. Jim Franklin 5720 Barthel Industrial Drive Albertville, MN 55301 RADZWILL & COUN Attorneys at Law M5 Central Avenue East PO Box 30 St. Midutel, MN55376 (612) 497-1930 (612) 497-2599 (FAX) Re: City of Albertville; Quit Claim Deed for a portion of old Highway 152. Dear Keith & Jim: In reviewing the abstract related to the portion of old Highway 152 which the • Albertville City Council has agreed to sell to you, I have noted .that the State quitclaimed this property to the City of Albertville on September 17, 1980 for "highway purposes." The State quitclaimed this property to Wright County pursuant to Minn. Stat. § 161.16, but that statute does not address the effect of a conveyance "for highway purposes. I mention this because I am uncertain as to whether this language restricts the ability of the City to convey a marketable title to you (i.e. whether the State retained any interest in the property by virtue of the "for highway purposes" language contained in its deed to the County. Because the City's interest in this property originates in the State's quitclaim deed, the City will be transferring this property to you via quitclaim deed. Prior to transferring the property, the City must first vacate the street easement after holding a public hearing. Once this is accomplished, the City can then quitclaim the property. I expect the public hearing to be held sometime in January, 1998. It is my understanding that the property will be transferred to James Franklin and LaVerne M. Franklin in exchange for $2,000 in consideration. If this is not your understanding, or if the property should be conveyed to someone other than Jim and LaVerne, please let me know. Please contact me if you have any questions regarding this matter. Thank you. CAmike\ALBERT\GENERAL\Franklin letterl.doc Keith Franklin Jim Franklin December 8, 1997 Page 2 of 2 Cc: .LLa Loeb 0 0 =k��ii4,, Michael C. Couri Radzwill & Couri • • CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE #1997-19 CHAPTER 1010 BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE 1 • BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE CHAPTER 1010 Section Purpose . . . . . . . . . . . . . . . . . . . . . . . . 101 Applicability of Ordinance . . . . . . . . . . . . . . . 102 Definitions . . . . . . . . . . . . . . . . . . . . . . 201 Responsibilities of Owners and Occupants. . . . . . . . 301 Maintenance of Shared or Public Areas . . . . . . . 302 Maintenance of Occupied Areas . . . . . . . . . . . . . 303 Storage and Disposal of Rubbish . . . . . . . . . . . . 304 Storage and Disposal of Garbage . . . . . . . . . . . . 305 Responsibility for Storage and Disposal of Garbage and Rubbish . . . . . . . . . . . . . . . . . . . . . . 306 Responsibility for Storm and Screen Doors and Windows . 307 Responsibility for Pest Extermination . . . . . . . . . 308 Rodent Harborages Prohibited in Occupied Areas. . . . . 309 Rodent Harborages Prohibited in Public Areas. . . . . . 310 Prevention of Food for Rodents . . . . . . . . . . . . . 311 Sanitary Maintenance of Fixtures and Facilities . . . . 312 Minimum Heating Capability and Maintenance. . . . . . 313 Removal of Snow and Ice . . . . . . . . . . . . . 314 Minimum Exterior Lighting . . . . . . . . . . . . . . . 315 Maintenance of Driving and Parking Areas. . . . . . . . 316 Maintenance of Yards . . . . . . . . . . . . . . . . . . 317 Minimum Standards for Basic Equipment and Facilities. . 401 Kitchen Facilities . . . . . . . . . . . . . . . . . . . 402 Toilet Facilities . . . . . . . . . . . . . . . . . . . 403 Lavatory Sink . . . . . . . . . . . . . . . . . . . 404 PI CHAPTER 1010 Section Bathtub or Shower . . . . . . . . . . . . . . . . . . 405 Stairways, Porches and Balconies. . . . . . . . . . . . 406 Access to Dwelling Unit . . . . . . . . . . . . . . . . 407 Door Locks . . . . . . . . . . . . . . . . . . . . . . . 408 Minimum Standards for Light and Ventilation .. . . . . . 501 Habitable Room Light and Ventilation. . . . . . . . . . 502 Nonhabitable Room.Ventilation . . . . . . . . . . . . . 503 Electric Service, Outlets and Fixtures... . .. 504 Minimum Thermal. Standards . . . . 601. General Requirements. . .,... .__ . ., .. 701 Foundations, Exterior Walls and Roofs-: .---. .-: 702--- . Windows, Doors and Screens. . . ... . . . . . . . . ... 703 Floors, Interior Walls and Roofs. . -. .. . . . . . . . .. 704 Rodent Proof . . . . . . . . . . . . . . . . . . . . . . 705 Fence Maintenance . . . . . . . . . . . . . . . . . . . 706 Accessory Structure Maintenance . . . . . . . . . . . 707 Safe Building Elements . . . . . . . . . . . . . . . . . 708 Facilities to Function . . . . . . . . . . . . . . . . . 709 Grading and Drainage . . . . . . . . . . . . . . . . . . 710 YardCover . . . . . . . . . . . . . . . . . . . . . . . 711 Discontinuation of Service or Facilities. . . . . . . . 712 Screening . . . . . . . . . . . . . . . . . . . . . . 713 Maximum Density, Minimum Space, Use and Location Requirements . . . . . . . . . . . . . . . . . . . 801 Permissible Occupancy of Dwelling Unit. . . . . . . 802 One Family Per Dwelling Unit . . . . . . . . . . . . . . 803 CHAPTER 1010 Section Minimum Ceiling Height . . . . . . . . . . . . . . . . . 804 Access Through Sleeping Rooms and Bathrooms . . . . . . 805 Licensing of Rental Units . . . . . . . . . . . . . . . 901 License Fees . . . . . . . . . . . . . . . . . . . . . . 902 Owner or Agent to Apply . . . . . . . . . . . . . . 903 Resident Agent Required . . . . . . . . . . . . . . . 904 Conformance to Laws . . . . . . . . . . . . . . . . 905 Inspection Condition . . . . . . . . . . . . . . . . . . 906 Posting of License. . . . . . . . . . . . . . . . . . 907 License Not Transferrable . . . . . . . . . . . . . . 908 Occupancy Register Required . . . . . . . . . . . 909 License Suspension or Revocation. . . . . . . . . 910 Conduct on Licensed Premises . . . . . . . . . . . . . . 911 Enforcement and Inspection Authority. . . . . . . . . .1001 Inspection Access . . . . . . . . . . . . . . . . . . .1002 Unfit for Human Habitation. . . . . . . . . . . . .1101 Secure Unfit and Vacated Buildings. . . . . . . . .1102 Hazardous Building Declaration. . . . . . . . . . .1103 Compliance Order . . . . . . . . . . . . . . . . . . .1201 Right of Appeal . . . . . . . . . . . . . . . . . .1202 Board of Appeals Decision . . . . . . . . . . . . .1203 Restrictions on Transfer of Ownership . . . . . . . .1204 Penalties . . . . . . . . . . . . . . . . . . . . .1205 Execution of Compliance Orders by Public Authority. . .1206 Alternative Sanctions . . . . . . . . . . . . . . . . .1301 4 9 CHAPTER 1010 Section • Penalties . . . . . . . . . . . . . . . . . . . . . . .1302 Separability . . . . . . . . . . . . . . . . . . . . .1401 5 0 CHAPTER 1010 - BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE Section 101. PURPOSE. The purpose of this ordinance is to protect the public health, safety and the general welfare of the people of the City. These general objectives include, among others, the following: 1. To protect the character and stability of all buildings and property within the City. 2. To correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well- being of persons occupying buildings within the City of Albertville. 3. To provide minimum standards for cooking, heating, and sanitary equipment necessary to the health and safety of occupants of buildings. 4.. To provide minimum standards for light and ventilation, necessary to the health and safety of occupants of buildings. 5. To prevent the overcrowding of dwellings by providing minimum space standards per occupant for each dwelling unit. 6. To provide minimum standards for the maintenance of existing buildings, and to thus prevent slums and blight. 7. To preserve the value of land and buildings throughout the City. With respect to rental disputes, and except as otherwise specifically provided by the terms of this ordinance, it is no the intention of the City Council to intrude upon the fair and accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as arbiter, nor to be receptive to complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this ordinance. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of city government. Neither in enacting this ordinance is it the intention of the City Council to interfere or permit interference with legal rights to personal privacy. Section 102. APPLICABILITY OF ORDINANCE. Every building, as well as its premises, and all occupied premises with the City of Albertville shall conform to the requirements of this ordinance, irrespective of when such building may have been constructed, altered or repaired. 6 Section 201. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this ordinance: 1. Approved - acceptable to the jurisdiction having authority and meeting all applicable codes. 2. Accessory Structure - a structure subordinate to the main or, principal building which is not used nor authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. 3. Building - any structure used or intended for supporting or sheltering any use or occupancy. 4. Compliance Official - the Zoning Administrator/Building official and/or designated agents authorized to administer and enforce this ordinance. 5. Dwellina - a building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including one -family dwellings, two-family dwellings, and multiple family dwellings; but not including hotels and motels. 6. Dwelling unit - a single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. 7. Family - any of the following definitions shall apply: A person or persons related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; Group or foster care of not more than six (6) wards or clients by an authorized person or person, related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; A group of not more than five (5) person not related by blood, marriage or adoption maintaining a common household in a dwelling unit. 8. Flush water closet - an approved toilet, with a bowl and trap made in one piece, which is connected to the city water and sewer system or other approved water supply and sewer system. 7 9. Garbage - putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. 10. Habitable building - any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. 11. Habitable room -- a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. 12. Heated water - water heated to a temperature of not less than 120 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. 13. Kitchen - a space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils. 14. Multiple family dwelling - a dwelling or portion thereof containing three or more dwelling units. 15. Nonresidential building - all other buildings or structures other than dwellings or dwelling units. 16. Occupant - any person (including owner or operator) occupying any structure, building or part thereof, dwelling, dwelling unit, rooming unit or premise. 17. Operator - the owner or agent who has charge, care, control or management of a building or part thereof. 18. Owner - a person, agent, firm, or corporation having a legal or equitable interest in the property. 19. Permissible occupant load - the maximum number of persons permitted to occupy a building or space within a building. 20. Person - an individual, firm, partnership, association, corporation or joint venture organization of any kind. 21. Plumbinc - all of the following supplied facilities and equipment in a building: gas pipes, gas burning equipment, 8 water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machined, catch basins, drain, vents, and any other similar fixtures and the installation thereof, together with all connection to water, sewer and gas lines. 22. Premises - a platted lot or part thereof or unplatted parcel of land, either unoccupied or occupied by any structure thereon. 23. Public corridor - a hall, corridor or passageway for providing egress from an occupied area to a public way and not within the exclusive control of one occupant. 24. Refuse - all putrescible and non putrescible waste solids including garbage and rubbish. 25. Rental dwelling or dwelling unit - a dwelling or dwelling unit let for rent or lease. 26. Repair - to restore to a sound and acceptable state of operation, serviceability or appearance. 27. Rodent harborage - any place where rodents can live, nest or seek shelter. 28. Rooming unit - any room or group of rooms forming a single _. habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. 29. Rubbish - nonputrescible solid wastes consisting of both combustible and non combustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials. 30. Safety - the condition of being reasonably free from _danger and hazards which may cause accidents or disease. 31. Structure - that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 32. Substandard dwelling - any dwelling which does not conform to the minimum standards established by City Ordinances. 33. Supplied - paid for, furnished by, provided by or under the control of the owner, operator, or agent of a building. E • 34. Meanina of certain words - whenever the words "dwelling", "dwelling unit", "premises", "building" or "structure" are used in this ordinance, they shall be construed as though they were followed by the words "or any part thereof". Section 301 RESPONSIBILITIES OR OWNERS AND OCCUPANTS. No owner or other person shall occupy or let another person occupy any buildings, unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable leg -al requirements of the State of Minnesota and the City of Albertville, including the following requirements. Section 302 MAINTENANCE OF SHARED OR PUBLIC AREAS. Every owner of a building shall maintain in a clean, sanitary and safe condition, the shared or public areas of the building and premises thereof. Section 303 MAINTENANCE OF OCCUPIED AREAS. All occupants of a building, shall maintain in a clean, sanitary and safe condition that part of those parts of the building, and premises thereof that she/he occupies and controls. Section 304. STORAGE AND DISPOSAL OF RUBBISH. All occupants of a building shall store and dispose of all their rubbish in a clean, sanitary and safe manner. Section 305. STORAGE AND DISPOSAL OF GARBAGE. All occupants of a building shall store and dispose of all their garbage and any other organic waste which might provide food for insects and/or rodents in a clean, sanitary and safe manner. Section 306. RESPONSIBILITY FOR STORAGE AND DISPOSAL OF GARBAGE RUBBISH AND RECYCLABLE MATERIALS. Every owner of a multiple family dwelling or nonresidential building shall supply facilities for the sanitary and safe storage and disposal of rubbish and garbage. In the case of single- or two-family dwellings, it shall be the responsibility of the occupant to furnish such facilities. Section 307. RESPONSIBILITY FOR STORM AND SCREEN DOORS AND WINDOWS. The owner of a rental dwelling unit shall be responsible for providing and hanging all screens and storm door and storm windows whenever the same are required under the provisions of this ordinance, except where there is written agreement otherwise between the owner and occupant. Section 308. RESPONSIBILITY FOR PEST EXTERMINATION. Every occupant of a dwelling containing a single swelling unit or an occupant of a nonresidential building containing a single unit shall be responsible for the extermination of vermin infestations • and/or rodents on the premises. Every occupant of a dwelling unit containing more than one dwelling unit or an occupant of a 10 nonresidential building containing more than one unit shall be responsible for the extermination whenever their unit is the only one infested. Notwithstanding, however, whenever infestations caused by the failure of the owner to maintain a building in a reasonable rodent -proof or reasonable vermin -proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the units in any building, extermination thereof shall be the responsibility of the owner. Whenever extermination is the responsibility of the owner, the extermination must be performed by a licensed pest control contractor. Section 309 RODENT HARBORAGES PROHIBITED IN OCCUPIED AREAS. No occupant of a building shall accumulate boxes, lumber, scrap metal, or any similar materials in such a manner that may provide a rodent harborage in or about any dwelling unit or building. Stored materials shall be stacked neatly. Section 310. RODENT HARBORAGES PROHIBITED IN PUBLIC AREAS. No owner of a building shall accumulate or permit the accumulation of boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a building or its premises. Materials stored by the owner or permitted to be stored by the owner shall be • stacked neatly. Section 311. PREVENTION OF FOOD FOR RODENTS. No owner or occupant of a building shall store, place or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Section 312. SANITARY MAINTENANCE OF FIXTURES AND FACILITIES. Every occupant of a building shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. Section 313. MINIMUM HEATING CAPABILITY AND MAINTENANCE. In every dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 68 degrees Fahrenheit, or such lesser temperature required by government authority, shall be maintained at a distance of three feet above the floor and three feet from exterior walls in all habitable rooms, bathrooms, and water closet compartments from September through May. Nonresidential buildings shall meet State of Minnesota regulations and statute requirements. Section 314. REMOVAL OF SNOW AND ICE. Every occupant of a swelling containing a single dwelling unit, and the owner of a • multiple family dwelling or a nonresidential building shall be responsible for the removal of snow and ice from parking lots, 11 driveways, steps and walkways on the premises. Individual snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches, shall be removed from parking lots and driveways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch, shall be removed from steps and walkways within eight hours after cessation of the snowfall. Section 315. MINIMUM EXTERIOR LIGHTING. The owner of a building shall be responsible for providing and maintaining effective illumination in all exterior parking lots and walkways. Section 316. MAINTENANCE OF DRIVING AND PARKING AREAS. The owner of a building shall be responsible for providing and maintaining in good condition paved and delineated parking areas and driveways for tenaN,ts consistent.with the Zoning Ordinance. Section 317. MAINTENANCE OF YARDS. The owner of the building. shall be responsible for providing and maintaining premises' yards consistent with Section 711. Section 401 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. No person shall occupy as owner, occupant, or to let • to another for occupancy any dwelling or dwelling unit, for the purposes of living, sleeping, cooking, and eating therein, which does not comply with the following requirements. Section 402. KITCHEN FACILITIES. Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked and which is connected to an approved sewer system. 1. An approved kitchen sink in good working condition and properly connected to an approved water supply system and which provides at all times and adequate amount of heated and unheated running water under pressure, and which is connected to an approved sewer system. 2. Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment and utensils and of food that does not require refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets and/or shelves and counter or table shall be adequate for the permissible occupancy of the dwelling unit and shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. 3. A stove or similar device for cooking food, and a refrigerator or similar device for the safe. storage of food at or below 40 • degrees Fahrenheit, which are properly installed with all necessary connections for safe, sanitary and efficient 12 • operation. Provided that such store, refrigerator or similar devices need not be installed when a dwelling unit is not occupied or when the occupant is expected to provide same on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator or similar device must be provided. Section 403. TOILET FACILITIES. Within every dwelling unit there shall be a nonhabitable room which is equipped with an approved flush water closet in good working condition. In a rental dwelling unit, such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and shall be connected to an approved sewer system. Section 404. LAVATORY SINK. Within every dwelling unit there shall be an approved lavatory sink. Said lavatory sink may be in the same room as the flush water closet,._or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which the said water closet is located. The lavatory sink shall be in good working condition and shall be properly connected to an approved water supply system • and shall provide at all times an adequate amount of heated and unheated running water under pressure, and shall be connected to an approved sewer system. Section 405. BATHTUB OR SHOWER. Within every dwelling unit there shall be a nonhabitable room which is equipped with an approved bathtub or shower in good working condition. In a rental dwelling unit, such room shall have an entrance which affords privacy. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to an approved sewer system. Section 406 STAIRWAYS, PORCHES AND BALCONIES. Every. stairway, inside or outside of a dwelling, and every porch or balcony, shall be kept in safe condition and sound repair. Stairs and handrails shall conform to the Uniform Building Code standards. Every deck, porch and balcony which is 30 inches or more above grade shall have a guardrail that conforms to the Uniform Building Code standards. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be uniform in width and height. Stairways shall be • capable of supporting a live load of 100 pounds per square foot of horizontal projection. 13 • Section 407. ACCESS TO DWELLING UNIT. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. Section 408. DOOR LOCKS. No owner shall occupy nor let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices. Multiple family dwellings shall be furnished with door locks as follows: 1. For the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple family dwellings constructed after , an approved security system shall be maintained for each multiple family building to control access. The security system shall consists of locked building entrance or foyer doors, and locked doors leading from hallways into individual dwelling units. Dead -latch type doors shall be provided with lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of building entrance doors. Building entrance door latches shall be of a type that are permanently locked from the outside and permanently locked from the inside. • 2. Every door that is designed to provide ingress or egress for a dwelling unit within a multiple family building shall be equipped with an approved lock that has a deadlocking bolt that cannot be retraced by end pressure, provided, however, that such door shall be openable from the inside without the use of a key or any special knowledge or effort. Section 501. MINIMUM STANDARDS FOR LIGHT AND VENTILATION. No person shall occupy as owner, occupant, or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements. Section 502. HABITABLE ROOM LIGHT AND VENTILATION. Except where there is supplied some other device affording adequate ventilation and approved by the compliance official, every habitable room shall have at least one window facing directly outdoors which can be opened easily. The minimum total of openable window area in every habitable room shall be the greater of 10% of the floor area of the room or ten square feet. one half of the required window area shall be openable. Section 503. NONHABITABLE ROOM VENTILATION. Every bathroom and water closet compartment, and every laundry and utility room, shall contain at least 50% of - the ventilation requirement for habitable rooms contained in Section 502, except that no windows shall be required is such rooms are equipped with a ventilation system which is approved by the compliance official. 14 0 Section 504. ELECTRIC SERVICE OUTLETS AND FIXTURES. Every dwelling unit and all public and common areas shall be supplied with electric service, functioning overcurrent protection devices, electric outlets, and electric fixtures which are properly installed, which shall be maintained in good and safe working condition, and shall be connected to a source of electric power in a manner prescribed by the ordinances, rules, and regulations of the City of Albertville and by the laws of the State of Minnesota. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: 1. Dwellings containing one or two dwelling units shall have at least the equivalent of 60-ampere, three -wire electric service per dwelling unit. 2. Dwelling units shall have at least one branch electric circuit for each 600 square feet of dwelling unit floor area. 3. Every habitable room shall have at least one floor or wall - type electric convenience outlet for each 60 square feet or fraction thereof of total floor area, and in no case, less than two such electric outlets provided, however, that one ceiling or wall - type fixture may be supplied in lieu of one required electric outlet. • 4. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall -type electric light fixture and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. 5. Every public corridor and stairway in every multiple family dwelling shall be adequately lighted by natural or electric light at all times at one candle at floor level, so as to provide effective illumination in all parts thereof. Every public corridor and stairway in structures containing not more than two dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting. 6. A convenient switch or equivalent device for turning on a light in each dwelling unit shall be located near the point of entrance to such unit. Section 601. MINIMUM THERMAL STANDARDS. No person shall occupy as owner, occupant, or let to another for occupancy any building or portion thereof, which does not have heating facilities which are properly installed, and which are maintained in safe and good working condition, and which are capable of safely and adequately heating all habitable rooms, bathroom, and water closet . compartments in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit, or such lesser 15 temperature required by government authority. at a distance of three feet above floor level and three feet from exterior walls. Gas or electric appliances designed primarily for cooking or water hearing purposes shall not be considered as heating facilities within the meaning of this section. Portable hearing equipment employing flame and the use of liquid fuel does not meet the requirements of this section and is prohibited. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. Section 701. GENERAL REQUIREMENTS. No person shall occupy as owner, occupant or let to another for occupancy, any building or portion thereof which does not comply with the following requirements, unless specifically exempt. Section 702. FOUNDATIONS, EXTERIOR WALLS AND ROOFS. . The foundation, exterior walls, and exterior roof shall be substantially water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards or timbers, and any other condition which might admit rain or dampness to the interior portion of the walls or to . the exterior spaces of the building. The roof shall be tight and have no defects which admit rain, and roof drainage shall be adequate to prevent rain water from causing dampness int he walls. All exterior wood -surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment. If the exterior surface is unpainted_or determined by the compliance official to be paint blistered, the surface shall be painted. If the exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be repaired. Section 703. WINDOWS. DOORS AND SCREENS. Every window, exterior door, and other exterior openings shall be substantially tight and shall be kept in sound condition and repair. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, wind, vermin and rodents from entering the building. Every openable window shall be supplied with 16 mesh screens during the insect season, and shall be equipped with an approved lock if located less than six feet above adjacent grade. Section 704. FLOORS, INTERIOR WALLS AND CEILINGS_ Every floor, interior wall and ceiling shall be adequately protected against the passage and harborage of vermin and rodents, and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be free of holes and large 0 cracks and loose plaster and shall be maintained in a tight, S weatherproof condition. Toxic paint and materials with a lasting toxic effect shall not be used. The floor of every toilet room, bathroom, and kitchen shall have a smooth, hard., nonabsorbent surface and shall be capable of easily maintained in a clean and sanitary condition. Section 705. RODENT PROOF. Every structure and the premises upon which it is located shall be maintained in a rodent -free and rodent -proof condition. All openings in the exterior walls, foundations, basements, ground or first floors, and roofs which have a 1/2" diameter or larger opening shall be rodent -proofed in an approved manner. Interior floors or basements, cellars, and other areas in contact with the soil shall -be paved with concrete or other rodent impervious material. Section 706. FENCE MAINTENANCE. All fences shall consist of metal, wood, masonry, or other decay resistant material. Fences shall be maintained in good condition both in appearance and in structure. Wood material, other than decay resistant varieties, shall be protected against decay by use of paint_ or other preservatives. Paint shall be maintained consistent with Section 702. Section 708. SAFE BUILDING ELEMENTS. Every foundation, roof, floor, exterior and interior wall , ceilings, inside and outside stair, every porch and balcony, and every appurtenance thereto, shall be safe to use and capable of supporting loads required by the occupancy. Section 709. FACILITIES TO FUNCTION. Every supplied facility, piece of equipment or utility required under City Ordinances and every chimney and flue shall be installed and. maintained and shall function effectively in a safe, sound, and working condition. Section 710. GRADING AND DRAINAGE. During the period May through October every yard, court, passageway, and other portions of the premises on which a building stands shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety. Section 711. YARD COVER. Every yard of a premises on which a building stands shall be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery, and related decorative materials and such yard shall be maintained consistent with prevailing community standards. Nonresidential sites shall be maintained in accordance with an approved City landscape plan and shall be supplied with an irrigation system. Section 712. DISCONTINUANCE OF SERVICE_OR_FA_QILITIES_ No owner, operator, or occupant shall cause any service, facility, equipment, or utility which is required under this ordinance, to be 17 • • removed from or shut off from or discontinued for any occupied building or portion thereof, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergencies. Section 713. SCREENING. All outside trash disposal facilities, recycling containers, and outside or rooftop mechanical equipment shall be screened from view by an opaque fence or wall high enough to completely screen the equipment. Section 801. MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATIONS REQUIREMENTS. No person shall occupy nor permit or let to be occupied any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements._ Section 802. PERMISSIBLE OCCUPANCY OF DWELLING UNIT. With the exception of owners occupying a respective dwelling unit prior to , the maximum permissible occupancy of any dwelling unit shall be determined as follows: 1. For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. 2. In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. Section 803. ONE FAMILY PER DWELLING UNIT.. Not more than one family, except for temporary guests, shall occupy a dwelling unit. Section 804. MINIMUM CEILING HEIGHT. In order to qualify as habitable, rooms shall have a clear ceiling height of not less than seven feet, six inches, except that in attics or top -half stories used for sleeping, study, or similar activities, the ceiling height shall be not less than seven feet six inches over at least one half of the floor area. In calculating the floor area of such rooms in attics or top -half stories, only those portions of the floor are: of the room having a clear ceiling height of five feet or more may be included. Section 805. ACCESS THROUGH SLEEPING ROOMS AND BATIIRCOMS Ni-_) dwelling unit bill after 1940 and containing two or more sleeping rooms shall have a room arrangement such that access to a bathroom or water closet compartment intended for use by occupants or more than one sleeping room can be gained only by going through another sleeping room. A bathroom or water closet compartment :ciball not be used as the only passageway to any habitable roo<,,, hall, basement or cellar of any dwelling unit. E1? Section 901. LICENSING OF RENTAL UNITS_ No person shall operate a rental dwelling without first having obtained a license to do so from the City of Albertville as hereinafter provided. Each such operating license shall be issued biennially and shall expire on the anniversary date of issuance. License renewals shall be filed at. least 90 days prior to license expiration date. Within two weeks of receipt of a complete application and of the license fee required by Section 902, the Compliance Official shall schedule an inspection. No application for an initial or renewal license shall be submitted to the City Council until the Compliance Official has determined that all life, health safety violations or discrepancies have been corrected. ,_Section 902. LICENSE FEES. License fees, as set .forth by City Council resolution, shall be due 90 days prior to the license application date; in the cases of new, unlicensed dwellings, license fees shall be due upon issuance of the certificate of occupancy. A delinquency penalty of 5% of the license fee for each day of operation without a valid license shall be charged operators of rental dwelling. Once issued a license is nontransferable and the - licensee shall not be entitled to a refund of any license fee upon revocation or suspension; however, the licensee shall be entitled to a license fee refund, prorated monthly, upon proof of transfer of legal control or ownership. A free, as set forth by City Council resolution, shall be charges for all reinspections necessary after the first reinspection. The reinspection fee(s) will be payable at the time of license renewal for the property, in the case of rental housing and at the time of recertification of occupancy for nonresidential properties. Section 903. OWNER OR AGENT TO APPLY. License application or renewal shall be made by the owner of rental units or his legally constituted agent. Applications forms may be acquired from and subsequently filed with the compliance official. The applicant shall supply; 1. Name, address, and telephone number of dwelling owner, owning partners if a partnership, corporate officers if a corporation. 2. Name, address and telephone number of designated resident agent, if any. 3. Name, address, and telephone number of vendee, if the dwelling is being sold through a contract for deed. 0 4. Legal address of the dwelling. 19 0 5. Number of dwelling units within the dwelling. 6. Description of procedure though which tenant inquiries and complaints are to be processed. Every person holding an operating license shall give notice to the compliance official within fire business days after any,µchange of this information. Notice of. transfer of ownership shall be as described in Section 908. Section 904._ RESIDENT AGENT REQUIRED.. No operating license shall be issued or renewed for a nonresident owner of rental dwelling units unless such owner designates in writing to the compliance official the name of his resident agent who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of notice of violation of the provisions of the city ordinances, to receive orders and to institute remedial action to effect such orders and to accept all service or process pursuant to law. The compliance official shall be notified in writing of any change of resident agent. Section 905. CONFORMANCE TO LAWS. No operating license shall be issued or renewed unless the rental dwelling and its premises. conform to the ordinance of the City of Albertville and the laws of the State of Minnesota. Section 906. INSPECTION CONDITION. No operating license shall be issued or renewed unless the owner of rental units agrees in his application to permit inspections pursuant to Section 1001. Section 907. POSTING OF LICENSE. Every licensee of a multiple dwelling shall cause to be conspicuously posted in the main entryway or other conspicuous location therein the current license for the respective multiple dwelling. Section 908. LICENSE NOT TRANSFERRABLE. No operating license shall be transferrable to another person or to another rental dwelling. Every person holding an operating license shall give notice in writing to the compliance official within five business days after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. Section 90.9. OCCUPANCY REGISTER REQUIRED_ Every owner of a licensed rental dwelling containing three or more dwelling units shall keep, or cause to be kept, a current register of occupancy for each dwelling unit which provided the following infor~-tion: 1. Dwelling unit address. 2. Number of bedrooms in dwelling L:...i t . • 3. Names of adult occupants and number of adults and children (under 18 years of age) currently occupying the dwelling units. 4. Dates renters occupied and vacated dwelling units.. 5. A Chronological list of complaints and requests for repair by dwelling unit occupants, which complaints and requests are related to the provisions of this ordinance. 6. A similar chronological list of all corrections made in response to such requests and complaints. Such register shall be made available for viewing or copying by the compliance official at all reasonable times. All nonresidential properties shall keep, or cause to be kept, a. current register of occupancy for each building which provides the following: 1. Building address. 2. List of all tenants occupying the building. 3. Nature of business conducted by each tenant in building. 4. Contact person for each tenant. 5. Gross floor area leased by each tenant. Section 910. LICENSE SUSPENSION OR REVOCATION. Every operating license issued under the provisions of this ordinance is subject to suspension or revocation by the City Council should the licensed owner or his duly authorized resident agent fail to operate or maintain licensed rental dwellings and units therein consistent with the provisions of the ordinance of the City of Albertville and the laws of the State of Minnesota. In the event that an operating license is suspended or revoked by the City Council for just cause, it shall be unlawful for the owner: or his duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such timE- as a valid operating license may be restored by the City Council. Any person violating this provision shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than seven hundred dollars (5700) or by imprisonment not to exceed ninety (90) days, or both, together with the costs of prosecution. Each day of each violation shall constitute a separate punishable offense. 21 Section 911__ CONDUCT_ ON__LI''LNSE^PREMISES. 1. It shall be the responsibility of the licensees to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premised to be disorderly. For purposes of this section, a premise is disorderly at which any of the following activities occur: a. Violation of Ordinance #1997-4 (Noise) b. Violation of laws relating to the possession of controlled substances as defined in Minnesota Statutes Section 152.01, Subdivision 4. C. The unlawful sale of intoxicating liquor or nonintoxicating malt liquor. d. Violation of laws relating to gambling. e. Violation of laws relating to prostitution as defined in Minnesota Statutes, Section 609.321, Subdivision 9, or acts relating to prostitution. f. Unlawful use or possession of a firear~ in violation of Minnesota Statutes, Section 609.66, Subdivision la, 609.67 or 624.713. 9. Violation of Ordinance ##1997-3 (An Ord i_ an.:^e ^ec _1ating the Use of Burglary and Safety Alarms, Establi^hing a IISei.'._ 17ee and Establishing a System o5 iil On 2. The Zoning Administrator shall be responsible for enforcement and administration of this ordinance. Authoritly to take .any action authorized under this section may be delegate) to the Zoning Administrator's authorizer. designee. 3. Upon determination by the Zoning Administrator that a licensed premises was used in a disorderly ma,,iner, as described in paragraph 1, the Zoning Administrator shall dive notice tot he licensee of the violation and direct the licensee to take steps to prevent further violations. 4. Ia another instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notic.- in paragraph 3 was gi-Jen, the Zoning Admir:i:-trat_:r shall notify the licensee of Lhe viol ati;;r, and slhal l also require the licensee to submit a written rennof th:n actioils taken, and _ epos ed to be taken, by the licensee to prevent further dim rderly use of t'?? ._ =T?1 =e= il'i=- v_ __ _ ._ en.3 L sisal l be ", itted to the Zoniin,� ndministr'`or ;di'• l':� is i�'.j? C daYs of r= _eipt of the .c` -e -` -:• l ,, , , pr_•m�_e�s an-1 shall detai_ ate_ a__ __ons .� taken b_r response to all notices of disorderly use of the p-emises within the preceding three (3) months. 5. If another instance of disorderly use of the licensed premises occurs within three (3) months after any I- -- -- e 11 o -, i s instances of disorderly use for which notices were given to the licensee pursuant to thes section, the .-ental JL wc 11 i n -i license for the premises may be 3,nnied, revoked, suspended, or not renewed. An action to deny, revoke. suspend, f,-;: renew a license t-,nler this section shal I be initiate-1 b-v tlh,_= Zoning Administrator, who shall give to the licensee written notice of a hearing before the City Council to consider such denial , revocation, suspension, or nonrenewal. Su,-_'__i -..jr1t'Le_a notice shall specify all violations of this section, and shall state the date, time, place and purpose of thiie shall be held no less than ter, (10) days and no than thirty (30) days after giving such notice. Following the hearing, the Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. 6. No adverse license action shall 'De impose-1 whe=r=_-- t'l,-e of disorderly use of the licensed premises occurred du.-ing the pendency of eViction,proceedings (unlawful "Jetainer) or with:Ln thirty (30).days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a liar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an actin t _- C'enjya suspend, or not renew a license based upon -,­ol-ttions of this section mad be postponed or discontir.rerl a t f L appears that the licensee has taken appropriate mEasures which will prevent further instances of diso�rderly A determinat 1-on that the 14 censet_l premises used in a disorder' y _-�:anner as descrilble:_l ii uncn substantial evide-ac,:-, to a, shall not b;-= necessary that `-:.al order to s-1-iiport a determinatic,-.-, h D 4- d il sort i n`-j 1: s z, 11 the fact of dismiss&! or -,f ope-rate as a bar to adverse 11-7-nse action unde-i-yt �,ecticn. 8. All notices given by the City z':---,' I 'zt_ personally served on the licensee, sent by re-_;iz'L_ere3 rain t.D the licensee's last known a-L-11-ire--s or, if n�i`.­_� _­n_'_'-.-D-11 of service effects notice, by posting on a conspicuous _.'_ace an 0 the licensed premises. 9. Enforcement actions provided in this secticn shall not be exclusive, and the Gil ,.th re-pect to a licensee. a tenant; o_- the 111, _--?Mises 3s is authorized by this -Di: Section 1^0-. ENFORCEMENT INSPECTION �JTI_QRI-Y. The Zoning :'administrator or Building official or his designated agents shall be the compliance official who shall administer and enforce the provisions of this ordinance and who is hereby authorized to cause inspections on a scheduled basis for rental dwelling units, and other buildings when reason exists to believe that a violation of this ordinance has been or is being committed. InsY-,_tions shall be conducted during reasonable daylight hours, and the compliance official,._shall present evidence of official :a -•achy to the occupant in charge of a respective dwelling unit. Sect_ _o _ 10 2 . 1N$F_CT' QN-- ACCESS . Any owner , occupant , or other person in charge of a building may refuse to permit free access and entry to the structure or premises under his control for inspection pursuant tot his ordinance, whereupon the compliance official may seek a court order authorizing such insnec'-; ,-1n Section 110? UNFIT FOR HUMAN HABITATION. 1. Any building or portion thereof, which is damaged, decayed, dilaplcla.ted, unsanitary, :insaf_t 'vex=diii nfl�: infested, or which lacks provision for basic lii'1i^i�nation, ventilation or sanitary facilities tot he extent_._r_,_. create a hazard to the health. safety or welfare- .of t'-_ " upants or of the public may be declared unfl -_ for compliance offi_ial shall ;Iacati=!- -i-1 =-- 3 time and shall post a placard on Lor i:ii.al1 hablta•_s3ri, and a:­.r c-pe.rat-.`:-,a licensefor such dwelling shall be revoked. 2. It shall be unlawful for such building or portion thereof to be used for human habitation until -the defective +condition= have been corrected and written approval has been issued by the compliance official. It shall be unlawful for _. ne---c.n to or remove the declaration from anv such building7. Section 1102. SECURE UNFIT AND %AGATE•, T,TT' "•U� of any building -or portion thereof, which has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more, shall make same safe and secure .so that it is not hazardous to the health, safety and welfare of th<= public and does not constitute a public nuisance. Any vacant building open at doors -)r window-- . if. unguarded, shall be ,1e=:.c l;� '-•e a 'aoa.-' lc+ the health, sa`_�L and .welfare of the t•llblic and a piiil, : -_,.:iiSarce within the m_a.n-, nqi of t1 is _d1-t%?nr_ 1 secure l ,u.,ediat` l . 24 ` Soution.__1,1C3. HAZARDOUS BUILDINU_DECLARATION. In the evert that a building has been declared unfit for hum r, hahit.V_,`.on and the owner has not remedied the d,,fects within. a reasonable time, the building may be declared a hazardous :wilding and treated consistent with the provisions of Minnesota Statutes. Section 12-0I. COMPLIANCE ORTDER_, Whenever the r,-nmpliance official determines that any building or portion thereof. or the premises surrounding any of these, fails to meet t'i= rtci Of this ordinance, a compliance order setting forth the violations iof the ordinance a.L' orderinn the owner. _. _cupant, operato-Y cir n ent to correct such violations shall be issued, This compl i n_:e ore-2r shall: 1. Be in writing. 2. Describe the location and nalure of the ::i -;' -;1 ; of this ordinance. 3. Establisla a i:eason�,'-'? L G�.r }t' `. `'. violation and n::,"". fv of appea' recourze. 4. Be served upon the owner or agent or ,cu:pa-.. - as th-e case may require. Such notice shall be deemed to properly served upon such owner or agent, or upon any such ocvL:,.t;.' if a copy thereof is: a. Served upon owner, agent or occu-pant ne -,Fona' ly; or b. Sent by registered ;nail to his last kncwn address; or C. Upon failure to effect notice through !a) and (b) as set out in this section, posted at a conspicuous glace in or about the building, or p:_rtion thereof. which is affected by the notice. Section 1202.. RIGHT OF _APPEAL_ When it is _alleged '?y any person to whom a compliance order is directed that Such compliance order is based upon errcne ous intez,.;r =tatiom, of t1ai:, ' :anC-= r 3uCYi won may appeal file compliance Order tC til? 'i'.'? ''7�Ii1Cil P=r Y pP P sitting as a Boar .i of Appeal-5 su '_i r.."'.3` „,ust specify the grounds for: the apt_:=al, rr:r:st '> _: b y3 filing fee set forth per council res..'uti check, and must be filed with the cityr viler.; �thi:. fig` business days aft,-:r service of t1te Vi dam,_ an appeal shall stay all -as-rI 1n `!Le f rT s_l_ _ action a�ap._al�d fr �n�. les.., �...�•�ra _. a _-;-. ,�._ a ..,�,� . � ..,, _.- ---- - 7E to life,- health, :or property. Section_1203__ BOARD OF APPTT_i ✓~~LJ1~ (5) bu:Jlness days notice to the appellant of the time and place For • hearing "lie a��=- al ; ane W7�i:i% thirty (3�) days after 3._U-1 nNpca,i is fi led the 'i..%ard of apnoals shall hoT_ a =ntG considerat__�-. any--�,!vi,_e and recommenda'�icn `._%D the a TiS-:'V planning conmis:_•: oil. The board of may affirm in whole or iri part, the compliance order and return of all or - art of the filing fee If e aj.. L 1 1 r� A = T C IE nTII"11 7 r,- r 1- SecL_on :. FESTRI•�a_CN� Cif TRAPdSFLF C" <.�: IF. wall be unlawful for the owner cf any building, cr orti=n thereof, upon whom a pending compl ianc& or:ler has been e _ : _ 2 sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the provisions of the tag or compliancy_- or IL r have been complied with, unless such owner shall furnish `o the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledging. Anyone. securing an i,itere3t_ in the building, or portion thereof, who has received notice of the existence of a violation tag or compliance order shall be bound by same without further service of notice and shall be liable to all penalties and procedures provided by this ordinance. Section _1205.- PENALTIES. Any person who fails to comply with a compliance order after right of appeal has expired, and any person who fails to comply with a modified compliance order with the time set therein, upon conviction, therefor shall be punis.ied by a fiAe not to .exceed �L en huidred dollars ($790; or by imprisonment not to exceed ninety (9,C) days or both, togs- l: e with the costs of prosecution. Each day of such failure t cc. aply shall constitute a separate punishable off-n e. , Ser;Lr EXTTTIGIIOF C-,4PL TnC^ 0 T7FUFT.,II" 1+ 1 7U me ,�•• .-_.-.1_ 1 - r_..s.1.KGRIs1_._ U�it�i1 fal� _:r'e tv_-�� �,,i:ll + wi._h a t the time set therein and n- 1r__ _ T . `s , i failure _o comp: with a mc,_ftr,_. _ an�-_ __ _, •.. _. __ r set. therein, she criminal not WitL.CYtanding, the City Cou'.nci l -may, by resol- cited deficiency to be remedied 3S _ foi til y,:iE7L11 order. The cost of such remedy shall In a lier=. -.st the subject real estate and may be levied and col. l_•.:ted as n s ^:. _al a- _=ment in the manner provided by Minnesota Statutes, Chapter 429, but the assessment shall be payable in a -, l l ii Section 1301..,ALTERNRTIVESAN '_"IONS_. Nctwith s tarring t'i,� availability of the foregoing cc-inpliance procedures and the penalties; whenev—r the compliance 71li�-ia1 d t = .€iii:c 1 `'.aL __ny building, or perti en thereof, .fir the premises surrounding any of these fails to meet the requirements :yet forth in th:,.- ord—inance, the compi lance official may issue a violation tag summoning the responsible person Into curt orof a _ .':T.inal complaint and arr-st warrant. L r ` Section 1302„PENALTIES. A.ny person violating ary of the provisions of this ordinance by do"ag any act or omitti_.-; to uc .- act which constitutes a breach of any section of 'his .3-711nan._:=, shall, upon conviction thereof by lawful aut...a_itI be i - =t=' `I-- a fine not to exceed seven hundred dollars ($700) or b imprison-ment not to exceed ninety (90), days or both, with the costs of prosecution. Each day that a violation -ontinues shall be deemed a separate punishable offense. Pdo prov_sion of this ordinance designating the duties of any official or employee of the City stall be so construed as to make_ sucl offici l :�r employee liable for the penalty provided in this section because of failure to perform such duty, unless the intention of the City Council to impose such penalty on such official or ir4 i twee is specifically and clearly expressed in the duty. Section 140'_ SEPARABILITY. Every sect io.a. pri,;tisi0--1 part of this ordinance is declared separable from every othe•_ section, provision, or part. to ti-le P-1.tent that f y :t%J t i n i provision cr paLt of the ordinanc:a s:-.all be held in-,alid, t shall not inval i.late _ny other. sectiol - Section 1402. REPEAL, Wi. th ado ion .f i- .?,,.1=' _ tion of this ordinance, .lnance #11�1-_ "111 �_ a _::al_r L ` _lishi'- g Housing Maintenance Regulations and Providing a Penalty For Violation Thereof", dated October ^1, 1` 90, _s: h _b. i Y ed. Section 1403. _EFFECT IVE_DAmE. This ordinance shell take effect and be in full force from on and after `s n_ s ;— are_' publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTV I T T,E TTT - `_ DAY OF -_ - _-___--- — - --- - ----- ATTEST' Linda J:_ -.1: , Ci t .,. Clerk • 27 Mark S. Olsen, 141avor *MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn. 55313 Fax 612-682-9492 Phone 612-682-1781 1-800-563-1781 • O TO: Linda Houghton, City of Albertville Pete Carlson, SEH Bob Derus, City of St. Michael Jeff Roos, MFRA Elaine Beatty, City of Otsego Larry Koshak, HAA Virgil Hawkins, Wright County Highway Department, FROM: Scott Dahlke �Q DATE: January 9, 1998 RE: Kadler Avenue Closing Please find attached a Kadler Avenue Closing Plan for the permanent closure of the road that is associated with the Cedar Creek Golf Course development. The desired date of closing of the road is January 26, 1998. All grading permits have been acquired for the grading project to beyin.in mid-Janua Please review the Plan and forward your comments and approval to my attention. If you have any questions or comments, please do not hesitate to contact me. cc: Don Jensen - Pilot Land File 97139 Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor • • PLANNING & ZONING COMKISSION January 13, 1998 Albertville City Hall 7c( 7:00 PM PRESENT: Chair Howard Larson, Commissioners Carolyn Bauer, Dan Robertus, and Patti Stalberger, Zoning Administrator David Lund and City Planner Liz Stockman Chair Larson convened the regular meeting at 7:00 PM. Bauer made a motion to approve the agenda as presented. Stalberger seconded the motion. All voted aye. Bauer made a motion to approve the. minutes of the December 9, 1997, meeting as presented. Stalberger seconded the motion. All voted aye. Chair Larson opened the public hearing to consider. -.a Conditional use Permit for International Country Antiques to allow outside storage and display. City Planner Stockman reviewed her recommendations for the approval of the proposed building addition and outdoor storage CUP for International Country Antiques. Chair Larson called for public comment. There was none. Robertus made a motion to close the public hearing, to approve the Findings of Fact & Recommendation as prepared by Planner Stockman, and to recommend that the City Council approve the proposed building addition and a Conditional Use Permit to allow outside storage at the International Country Antiques site. Bauer seconded the motion. All voted aye. Chair Larson opened the public hearing on the STMA Hockey Association's request to rezone approximately two acres of land located in the Barthel Commercial Park from B-3 (Highway Commercial) to P/I (Public/Institutional). Paul Ederer, representing the STMA Hockey Association, and Don Barthel, property owner, presented the proposed plan for an ice arena to be located on the property. Chair Larson was concerned that completion of Lachman Avenue would occur before the arena is opened. The Commission concurred that the Council will require surety in the form of an escrow • deposit or letter of credit to insure that the street is completed. Planner Stockman stated she had no concerns over the proposed rezoning. Bauer made a motion to approve the Findings of Fact and • Recommendation as prepared by NAC, Inc. and to recommend the City Council rezone approximately two acres of Outlot A, Barthel's Commercial Park, from B-3 (Highway Commercial) to P/I (Public/Institution) as requested. Stalberger seconded the motion. All voted aye. The Commission tabled the request from STMA Hockey Association to subdivide Outlot A of Barthel Commercial Park because complete plans have not been submitted. Chair Larson opened the continued public hearing for the purpose of considering the Center Oaks Development Stage and Second Addition Plat. Center Oaks is the first development stage of the recently approved Cedar Creek Golf Course PUD. This portion of the project is a single family residential subdivision and encompasses 64.40 acres. The Center Oaks 2nd Addition Final Plat includes 35 single family lots, two parks, and a trail. Chair Larsonasked for public comment. There was none, and Chair Larson closed the public hearing. • Robertus made a motion to approve the Findings of Fact & Recommendation as prepared by Planner Stockman, -and to recommend the City Council approve Development Stage Preliminary Plat and Final Stage (Center Oaks Second Addition Final Plat) Planned Unit Development. Bauer seconded the motion. All voted aye. Bauer made a motion to adjourn. Robertus seconded the motion. All voted aye. Howard Larson, Chair David Lund, Zoning Administrator 0 C� 0 jAN-is-199e 10:12 NAC CITY OF ALBERTVILLE 612 595 e (J ) Planning Commission recommended approval on 1-13-98 1-15-98 City Council Findings of Fact & Decision Request: Plans have been submitted for approval of a building addition and Conditional Use Permit for outdoor storage on the International Country Antiques property located at 5640 MacKenzie Avenue NE. Application for approval was jointly made by the building owner, John Daniels and the tenant, Mary Kay Franke. , international Country Antiques occupies the building once used by Long Haul Trucking. They are an Importer of German antiques and wish to display a portion of their merchandise outside so as to be visible from the Interstate. The building addition will provide additional storage space inside as well as some covered storage space outside under an attached proposed canopy. The existing building is 60.25 by 80.25 (4,835 sf) and is all metal. The proposed building is 40 by 80 (3,200 of) and the proposed canopy area is 20 by 80 (1,600 sf), for additional square footage totaling 4,800 square feet. The property is zoned B-3, Highway Commercial. City Council Meeting Date: 20 January 1998 Findings of Fact: Based on review of the application and evidence received the City Council now makes the following findings of fact and recommendation: 1. - The legal description of the subject property Is as follows: Lot 3, Block 3 Green Haven Estates 2. The requirements of Section 400 (Conditional Use Permit) of the City Zoning Ordinance have been met. 3. On 13 January 1998 the Albertville Planning Commission conducted a public hearing to consider the applicant's request, preceded by a published and mailed notice. Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended that the City Council approve the project. Decision: Based on the foregoing considerations and applicable ordinances, the applicant's • request for an outdoor stage Conditional Use Permit and a building addition.,_ have been approved based on the most current plans and information received to date, subject to the following conditions: JAN-15-19% 10:13 NX 612 595 9837 P.05/05 . 1. No outside storage is permitted within the front yard or 20 foot required side yard. 2. Gravel surfacing for access to overhead doors and outdoor storage areas is permitted provided that the areas are maintained properly. Should an area surfaced with anything other than hard surfacing prove to be unmaintainable, the City shall require that a hard surface be installed within three (3) months of formal written notice to the property owner. 3. The City Engineer reviews and approves the plans. 4. The City Building Inspector should review and approve the manner in which the accessory structure (bam facade) will be supported or erected on the property. 5. A perimeter pub is provided around the parking area unless otherwise waived by the City Engineer. 6. The septic drain field is protected from grading, disturbance or compaction at all times. 7. The City Building Inspector approves the location of the eAsting sewage tank in its present location (2 feet from the new building) or the tank is moved to a setback of ten (10) feet from the building. if the two foot setback is deemed acceptable, roof runoff should be diverted away from this area. ' • 8. The City is notified of storage area increases or changes in yard location from the plan approved herewith. • Adopted by the Albertville City Council this 20th day of January 1998. City of Albertville By: Mark Olsen, Mayor Attest: Linda Goeb, City Clerk pc: Mary Kay Franke, John Daniels, David Lund, Linda Goeb, Mike Courl, Pete Carlson • • JAN-14-1998 09:45 NAC CITY OF ALBERTVILLE Applicant's Name: International Coun 612 595 9837 P.07/09 Planning Commission recommended approval on 1.13.98 1-14-98 Manning Commission Findings of Fact & Recommendation Request: Plans have been submitted for approval of a building addition and Conditional Use Permit for outdoor storage on the International Country Antiques property located at 5640 MacKenzie Avenue NE. Application for approval was jointly made by the building owner, John Daniels and the tenant, Mary Kay Franke. International Country Antiques occupies the building once used by Long Haul Trucking. They are an importer of German antiques and wish to display a portion of their merchandise outside so as to be visible from the interstate. The building addition will provide additional storage space Inside as well as some covered storage space outside under an attached proposed canopy. The existing building is 60.25 by 80.25 (4,835 sf) and is all metal. The proposed building is 40 by 80 (3,200 sf) and the proposed canopy area is 20 by 80 (1,600 sf), for additional square footage totaling 4,800 square feet. The property is zoned B-3, Highway Commercial Planning Commission Meeting Date: 13 January 1998 Findings of Fact: Based on review of the application and evidence received the Planning Commission now makes the following findings of fact and recommendation: 1. The legal description of the subject property is as follows: Lot 3, Block 3 Green Haven Estates 2. The requirements of Section 400 (Conditional Use Permit) of the City Zoning Ordinance have been met. 3. On 13 January 1998 the Albertville Planning Commission conducted a public hearing to consider the applicants request, preceded by a published and mailed notice. Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended that the City Council approve the project. Recommendation: Based on the foregoing considerations and applicable ordinances, the • applicant's request for an outdoor storage Conditional Use permit and a buildina addition have been approved based on the most current plans and information received to date, subject to the following conditions: • JAN-14-1998 09:46 NAC 612 595 9837 P.08/09 1. No outside storage is permitted within the front yard or 20 foot required side yard. 2. Gravel surfacing for access to overhead doors and outdoor storage areas is permitted provided that the areas are maintained properly. Should an area surfaced with anything other than hard surfacing prove to be unmaintainable, the City shall require that a hard surface be installed within three (3) months of formal written notice to the property owner. 3. The City Engineer reviews and approves the plans. 4. The City Building Inspector should review and approve the manner in which the accessory structure (barn facade) will be supported or erected on the property. 5. A perimeter curb is provided around the parking area unless otherwise waived by the City Engineer. 6. The septio drain field is protected from grading, disturbance or compaction at all times. 7. The City Building Inspector approves the location of the existing sewage tank in its present location (2 feet from the new building) or the tank is moved to a setback of ten (10) feet from the building. If the two foot setback is deemed acceptable, roof runoff should be diverted away from this area. 8. The City is notified of storage area increases or changes in yard location from the plan approved herewith. Adopted by the Albertville Planning Commission this 13th day of January 1908. Attest: City of Albertville By: Mark Olsen, Mayor Linda Goeb, City Clerk pc: Mary Kay Franke, John Daniels, David Lund, Linda Goeb, Mike Courl, Pete Carlson infl Country Antiques PC FOF - Paige 2 • • NW^ rmo* NORTHWEST ASSOCIATED CONSULTANTS POINC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Albertville Mayor and City Council Albertville Planning Commission FROM: Elizabeth Stockman DATE: ` 5 January 1998 RE: Albertville - International Country Antiques Building Addition and Outdoor Storage Conditional Use Permit FILE: 163.06 - 97.23 EXECUTIVE SUMMARY BACKGROUND Plans have been submitted for approval of a building addition and Conditional Use Permit for outdoor _storage on the International Country Antiques property located at 5640 MacKenzie Avenue NE. Application for approval was jointly made by the building owner, John Daniels and the tenant, Mary Kay Franke. International Country Antiques occupies the building once used by Long Haul Trucking. They are an importer of German antiques and wish to display a portion of their merchandise outside so as to be visible from the interstate. The building addition will provide additional storage space inside as well as some covered storage space outside under an attached proposed canopy. The existing building is 60.25 by 80.25 (4,835 sf) and is all metal. The proposed building is 40 by 80 (3,200 sf) and the proposed canopy area is 20 by 80 (1,600 sf), for additional square footage totaling 4,800 square feet. The property is zoned B-3, Highway Commercial. Attached for reference: Exhibit A - Site Location Exhibit B - Site Plan Exhibit C - Building Elevations Exhibit D - Proposed Outdoor Storage and Landscape Area 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 61 2-595-9636 FAX 612-595-9837 E-MAIL NAC@WINTERNET.COM • RECOMMENDATION Based on the review of submitted plans and Zoning Ordinance requirements as-containtd herein, our office recommends approval of the proposed building addition and outdoor storage Conditional Use Permit subject to the following conditions: 1. No outside storage is permitted within the front yard or 20 foot required side yard. 2. A detailed landscape planting plan is submitted if required by the City Council. 3. Screening is addressed if required by the City Council. 4. Gravel surfacing for access to overhead doors and outdoor storage areas is permitted provided that the areas are maintained properly. Should an area surfaced with anything other than hard surfacing prove to be unmaintainable, the City shall require that a hard surface be installed within three (3) months of formal written notice to the property owner. 5. The City Engineer reviews and approves the plans. 6. The percentage of non-metal (horizontal wood lap siding) exterior building materials is found to be acceptable -to the City Council. 7. A policy decision is made regarding the proposed accessory structure (barn facade) relative to the acceptability of its location, exterior building materials, and length of existence. The City Building Inspector should review and approve the manner in which the accessory structure would be supported or erected on the property. 8. A perimeter curb is provided around the parking area unless otherwise waived by the City Engineer. 9. The parking lot is screened to a required height of four (4) feet using any combination of vegetation, earth berms, or fencing unless otherwise waived by the City Council. 10. Written documentation is submitted to the City Building Inspector showing that the existing septic system and well meet current code requirements and that they are sufficient to serve the expanded building. 11. The septic drain field is protected from grading, disturbance or compaction at all times. 4 ISSUES AND ANALYSIS Zoning. The subject property is zoned B-3, Highway Commercial. The existing antigde store is a permitted use within this district, however, it is a legal non -conforming use due to the exterior materials which are metal. This issue will be discussed further in following sections of the report. Outside Storage Conditional Use Permit. The applicants wish to use the south side of the lot as display area for antiques. They wish to integrate such with landscaping, flower beds and garden walkways as shown on the plan. Except as allowed by district use provisions, outside storage of equipment, materials and inventory as a principal or accessory use for commercial and industrial uses requires a conditional use permit subject to the provisions of Section 400 of the City Zoning Ordinance. The Planning Commission and City Council shall consider the possible adverse effects of the proposed conditional use. Their judgement shall be based upon, but not limited to, the following factors as outlined in Section 400: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 2. The proposed use is or will be compatible with present and future uses of the area. 3. The proposed use conforms with all performance standards in the City Zoning Ordinance. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. 5. The proposed use can be accommodated with existing public services and will not overburden the City's service is capacity. 6. Traffic generated by the proposed use is within capabilities of streets serving the property. All Conditional Use Permit provisions have been met as outlined above. Non-residential outside storage must also conform to the following conditions as outlined in Section 1000.16(b) of the City Zoning Ordinance: 1. The area occupied is not within a required front or required side yard. The proposed outdoor storage is shown in the side yard (facing the interstate) and partially within the rear yard. The storage must be setback twenty (20) feet from the south property line and is appropriately excluded from the front yard. 2. The storage area is totally fenced, fully screened and landscaped according to a plan approved by the Zoning Administrator and a landscape guarantee as determined by the Zoning Administrator is provided. The outdoor storage area is already fenced and landscaping is proposed within such area, however, a detailed planting plan has not been submitted and may be required if the City Council deems it necessary. 3. If abutting a Residential District or use, screening and landscaping is provided according to a plan approved by the Zoning Administrator. If permitted in the side yard as proposed on the south side of the building, the outdoor storage area would not be visible from the abutting residential neighborhood. I believe that there may also be an earth berm which isalso separates the two land uses. 3 4. The storage area is grassed or surfaced with asphalt, concrete, or crushed rock (concrete or granite) to control dust. Should an area surfaced with anything other than hard surfacing prove to be unmaintainable, the City shall require that a hard surface be installed within three (3) months of formal written notice to the property owner. The proposed storage area is to be grassed and/or landscaped with wood chip pathways and vegetation. 5. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Subdivision 1000.10 of this Section. No lighting has been proposed for the outdoor storage area other than that which is required on the exterior of the building. 6. The storage area does nol encroach upon required public or employee parking space(s), required loading space, or snow storage area as required by this Chapter. The proposed storage area does not interfere with any other site uses, except that care will have to be taken to avoid disturbance (grading or compaction) to the existing septic drain field area (located on the south side of the building) during construction. Neither vehicular nor pedestrian traffic should be permitted on the drain field and only grasses or other shallow -rooted plantings may be established here. 7. A site plan documenting the location and grading of the storage operation shall be submitted and shall be subject to the approval of the City Engineer. The City Engineer has not yet submitted fom7al documentation of his review of the plans. Exterior Building Materials. Within business districts, any exposed metal or fiberglass finish to on all buildings shall be limited to no more than fifty (50) percent of the total solid surface area of all walls. The existing building is a legal non -conforming use because the building material requirement did not exist when the property was part of Frankfort Township. In early December, the following building wall calculations were determined: BUILDING WALL CALCULATIONS West Elev. South Elev. North Elev. East Elev. Total EAsting Bldg. 848 sf 762 sf 1,260 sf 345 sf 3,215 sf Proposed Bldg. 126 sf 1,299 sf 1,560 sf 820 sf 3,805 sf Total 974 sf 2,061 sf 2,820 sf 1,165 sf 7,020 sf In a memo dated 3 December 1997 our office recommended that the percentage of non-metal wall area be calculated based on the three total proposed building walls plus the existing western elevation as the fourth wall. This would equate to: 3,805 sf new + 848 west = 4,653 sf _ 50% = 2,326 sf non-metal surfaces (33% of total) The plans have been revised to include 2,224 square feet of non-metal surface, shown as horizontal wood lap siding. This yields an overall non-metal percentage of 31.7%. The wood 4 siding is shown on the three exposed sides of the office portion of the building and continuing at the same height along the south side of the building facing 1-94. The Council may, at its discretion, require that the building contain 50% of the total new and old wall -surfat~es which would require 3,510 sf of non-metal materials. The intent is to lessen or eliminate the non- conformity. Lot and Building Requirements. The proposed building addition is in conformance with all lot size and building requirements, outlined as follows: B-3 District Required Proposed Lot Size None 88,681 sf (2.04 acres) Lot Width 100 feet 152 feet Front Yard Setback (west) 35 feet 73 feet Side Yard Setback (north) 20 feet 44 feet 170 Side Yard Setback (south) 20 feet feet Rear Yard Setback (east) 20 feet 126 feet Building Height MaArnum 35 feet 21.75 feet Lot Coverage by Structures 30% 11 % Accessory Structure. Exhibit D includes the location of a barn facade on the property, assumed to be for -sale as any other of the antiques being displayed. The structure which measures approximately 20 by 40 is classified as an accessory structure under the terms of the ordinance. While the structure is a permitted accessory use under the B-3 District, the structure probably does not meet the City's building standard. The same or similar quality exterior building materials are required as are used in the principal building. The Planning Commission and City Council must make a determination as to whether the accessory building is different from the principal building to a degree which causes incongruity or a depreciation of adjacent property values. Under the requested Conditional Use Permit, the City may prohibit the accessory structure or impose a time period within which the structure (or others like it) may remain on the property. The City Building Inspector should review and approve the manner in which the accessory structure would be supported or erected on the property. Parking. Existing parking spaces total 13 based on the amount of paved area shown on the plan. The required number of parking spaces including those required for the building addition have been calculated as follows: 1,656 sf office and service area @ 1 space/200 sf = 8.28 spaces 6,344 sf storage area @ 1 space/500 sf = 12.69 spaces Revised plans show a total of 22 spaces to be paved on site. The entrance to the parking lot has 5 been appropriately reduced at the public right-of-way and a "hammer -head" has been provided to allow for the backing of vehicles. All parking requirements have been met except: a. A perimeter curb is not shown around the parking area. Upon approval of the City Engineer, curbing requirements may be waived. b. The parking lot is not screened to a required height of four (4) feet using any combination of vegetation, earth berms, or fencing. Loading Areas. The building contains three overhead garage doors; one existing door facing west and two new doors facing east and south. The existing door is accessed from the paved parking area. The two new doors open onto gravel surfacing. This situation is acceptable if access areas are maintained properly. The ordinance allows the City Council to require paving should the gravel not be maintained properly or should it become a nuisance to neighbors. Utilities. The site contains a septic system and well, both located within the side yard facing 1-94. The size of the septic system may need to be enlarged with the proposed addition. The applicant should provide the City with written documentation by a registered professional septic system installer indicating acceptance of the system or outlining what, if anything needs to be accomplished to bring it into conformity with code. The septic drain field must be protected from grading, disturbance or compaction. CONCLUSION The proposed building addition and outdoor storage Conditional Use Permit are generally in conformance with Zoning Ordinance requirements, however, there are a few issues which must be resolved prior to final approval. The project may be approved subject to completion of outstanding items as outlined in the Executive Summary of this report. pc: Dino Bueae Long Haul Trucking P.O. Box 167 Albertville, MN 55301 phone 497-3727, ext. 192 fax 497-3253 Pete Carlson Mike Couri L� Mary Kay Franke International Country, Inc. 5640 MacKenzie Avenue NE Albertville, MN 55301 phone 497-1967 fax 497-8179 Linda Goeb Kevin Mealhouse 0 • L� CITY OF ALBERNILLE OFFICIAL ZONING MAP . I ❑ A-1, Agricultural Rural Z R-6, Residential High Density ® B-W, Business Warehouse ❑ A-2, Agricultural Transitional Z' R-7, Special Purpose High Density ❑ 1-1, Light Industrial ❑ R-1A, Low Density Single Family C' R-8, Mixed Housing Z I-1A, Limited Industrial ❑ R-1, Single Family ® R-MH, Manufactured Housing Residential 7-2, General Industrial 1K R-2, Single & Two Family ❑ B-1, Neighborhood Business ❑ ❑ PUD, Planned Unit Developmen: P/I, Public/Institutional ® R-3, Single & Two -Family ® B-2, Limited Business ❑ S, Shoreland Overlay ® R-4, Low Density Multiple Family ❑ B-3, Highway Commercial ❑ R-5, Medium Density Multiple Family ❑ B-4, General Business ❑ W, Wedand Overlay EXHIBIT A s • } ddgg gg gdgd 4¢ dag! fi EXHIBIT B 0 • NW '3,nKltl391V sanOUNV ANiNrK)D T/NOLLVNtl3iNl IN3VGDU`ggN3 NVId V SNOIIVA313 H01831X3 'Nlggd U001=1 0 q •ttn �I �Y.••`�•�Ol.l' YHWrrnN NR�Nii4YN rYMY -•'-'-•••--• -----• YI.YYrnN• IrNYs4rrw Yq p1Mw�c0 Y�w�YO C , • wl�di .• r ..why N'A lO i"l IWO MIY• IWW MOMW 9M y� NAY 7rOMN� fON AVAW Wd M]3uo 31ON" om O V , Q •'^^�'� " • ShI33NION3 ? S1O311HOW0S31VIOOSSV V Al_lVG SINN3Q 0 in �9 L !� I s � a ti m Ll EXHIBIT D a JAN-15-199e 10:11 NAC CITY OF ALBERTVILLE 612 59579ede 05 Planning Commission recommended rezoning approval on 1.19-98 1-15-98 City Council Findings of Fact & Decision Request: Rezoning of the property from B-3, Highway Commercial to PA, Publicllnstitutional. City Council Meeting Date: 20 January 1998 Findings of Fact: Based on review of the application and evidence received the City Council now makes the following findings of fact and recommendation: 1. The legai' description of the subject property Is as follows: The south 218.12 feet of the north 263.12 feet of Outlot A. Barthel Commercial Park, Wright County, Minnesota. 2. The applicant has applied for subdivision and site development plan approval. 3. The requirements of Section 3W (Rezoning) of the City Zoning Ordinance have been met. 4. On 13 January 1998 the Albertville Planning Commission conducted a public hearing to consider the applicant's request, preceded by a published and mailed notice: Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended that the City Council approve the project. Decision: Based on the foregoing considerations and applicable ordinances, the applicant's request for rez. oniing has been approved based on the most current plans and information received to date. Adopted by the Albertville City Council this 201th day of January 1998. Attest: City of Albertville By: Mark Olsen, Mayor Linda Goeb, City Clerk nr, Pahl EdPrAr. David Lsmd Linda Snob. MWA Couri. Pete Carlson JAN-14-19% 09:42 NAC 612 595 9837 P.01i09 • • CITY OF ALBERTVILLE Planning Commission recommended rezoning approval on 1.13-98 1-14-98 Planning Commission Findings of Fact & Recommendation Request: Rezoning of the property from B-3, Highway Commercial to P/I, Public/institutional. Planning Commission Meeting Date: 13 January 1998 Findings of Fact: Based on review of the application and evidence received the Planning Commission now makes the following findings of fact and recommendation: 1. The legal description of the subject property is as follows: The south 218.12 feet of the north 263.12 feet of Outlot A, Barthel Commercial Park, Wright County, Minnesota. 2. The applicant has applied for subdivision and site development plan approval. 3. The requirements of Section 300 (Rezoning) of the City Zoning Ordinance have been meta 4. On 13 January 1998 the Albertville Planning Commission conducted a public hearing to consider the applicant's request, preceded by a published and mailed notice_ Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended that the City Council approve the project. Recommendation: Based on the foregoing considerations and applicable ordinances, the applicant's request for Chas been approved based on the most current plans and information received to date. Adopted by the Albertville Planning Commission this 13th day of January 1998. City of Albertville By: Mark Olsen, Mayor Attest: Linda Goeb, City Clerk pc: Paul Ederer, David Lund, Linda Goeb, Mike Couri, Pete Carlson r, f AN ORDINANCE AMENDING THE CITY'S ZONING ORDINANCE #1988-12 (MAP AMENDMENT) THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA, ORDAINS: Section 1. The City of Albertville Zoning Map is hereby amended as follows: The property legally described below is zoned P/I (Public/Institutional): The south 218.12 feet of the north 263.12 feet of Outlot A, Barthel Commercial Park, Wright County, Minnesota Section 2. This ordinance shall become effective immediately upon its passage and publication. ADOPTED BY THE ALBERTVILLE CITY COUNCIL THIS 20th DAY OF JANUARY, 1998. Mark S. Olsen, Mayor ATTEST: Linda Goeb, City Clerk El JAN-15-1998 10:10 NAC 612 5115 ra C115 Planning Commission recommended approval on 1-13-88 fa 1-15-98 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Request: Center Oaks, LLP of Ham Lake has submitted development stage plans for a portion of the recently approved Cedar Creak Golf Course (CCGC) Planned Unit Development. As the first development stage (preliminary platted) portion of the project the proposed 108 lot single family residential subdivision 'encompasses 64.40 acres and has been named Center Oaks. The Center Oaks Second Addition Final Plat has also been submitted and Is inclusive of 35 single family lots, two parks (one 30-foot access strip) and a trail. The Center Oaks First Addition plat was previously approved to accommodate the Cottages of Albertville by providing for the transfer of land, platting outlots for future development and extending public street access. Following concept plan approval and in expectation of the current project, the property was rezoned to Planned Unit Development on 17 November 1997. City Council Meeting Date: 20 January 1998 Findings of Fact: Based on review of the application and evidence received the City Council now makes the following findings of fact and recommendation: 1. The legal description of the subject property is as follows: (see attached) 2. The requirements of Section 2700 (Planned Unit Development) of the City Zoning Ordinance have been met. 3. On 13 January 1998 the Albertville Planning Commission conducted a public hearing to consider the applicant's request, preceded by a published and mailed notice. Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended that the City Council approve the project. Decision: Based on the foregoing considerations and applicable ordinances, the applicant's request for DWMo=ani_Slage Preliminary Plat and Final St, w (Center Oaks Second Addition Final Plat) Planngd Unit elogment has been approved based on the most current plans and information received to date, subject to the following conditions: JAN-15-1998 10:11 NAC 612 595 9837 P.02i05 I. Temporary cui-de-sacs are constructed at the terminus of 53rd Street and at the western terminus of Kahier Drive (opposite 53rd Street) in the future at such time as lots are platted along said streets and roads are constructed. 2. Site grading and utility installation is completed to the satisfaction of the City Engineer. Adopted by the Albertville City Council this 20th day of January 1998. • City of Albertville ' gy. Mark Olsen, Mayor • Attest: Linda Goeb, City Clerk pc: Mary Kay Franke, John Daniels, David Lund, Linda Qoeb, Mike Couri, Pete Carlson d JAN-14-1998 09:43 NAC 612 595 9837 P.04/09 0 s CITY OF ALBERTVILLE Planning Commission recommended Development Stage (preliminary plat) and Final Stage (final plat) Planned Unit Development approval on 1-13-98 .. - _, - •r. TWEV. 1: M-711111'"T 1-14-98 Planning Commission Findings of Fact & Recommendation Request: Center Oaks, LLP of Ham Lake has submitted development stage plans for a portion of the recently approved Cedar Creek Golf Course (CCGC) Planned Unit Development. As the first development stage (preliminary platted) .portion of the project the proposed 108 lot single family residential subdivision encompasses 64.40 acres and has been named Center Oaks. The Center Oaks Second Addition Final Plat has also been submitted and is inclusive of 35 single family lots, two parks (one 30-foot access strip) and a trail. The Center Oaks First Addition plat was previously approved to accommodate the Cottages of Albertville by providing for the transfer of land, platting outlots for future development and extending public street access. Following concept plan approval and in expectation of the current project, the property was rezoned to Planned Unit Development on 17 November 1997. Planning Commission Meeting Date: 13 January 1998 findings of Pact: Based on review of the application and evidence received the Planning Commission now makes the following findings of fact and recommendation: 1. The legal description of the subject property is as follows: (see attached) 2. The requirements of Section 2700 (Planned Unit Development) of the City Zoning Ordinance have been met. 3. On 13 January 1998 the Albertville Planning Commission conducted a public hearing to consider the applicant's request, preceded by a published and mailed notice. Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended that the City Council approve the project. Recommendation: Based on the foregoing considerations and applicable ordinances, the applicant's request for Develolmint SI&W Preliminary Addition Final Plat)Planned unit DevelooMent has been approved based on the most current plans and information received to date, subject to the following conditions: JAN-14-1998 e9:44 NAC 612 595 9837 P.05/09 • 1. Temporary oul-de-sacs are constructed at the terminus of 53rd Street and at the western terminus of Kahler Drive (opposite 53rd Street) In the future at such time as lots are platted along said streets and roads are constructed. 2. Site grading and utility installation is completed to the satisfaction of the City Engineer. Adopted by the Albertville Planning Commission this 13th day of January 1998. Attest: City of Albertville By: Mark Olsen, Mayor Linda Goeb, City Clerk pc: Don Jensen, David Lund, Linda, Mike Couri, Pete Carlson Center Oaks PC FOF - Page 2 JAN-14-1998 09:44 NAC 612 595 9837 P.06/09 0 ; -2000 )-2001 15171 sq. ft. 13055 sq. ft. 15020 Sq. ft. 15 117 sq. ft. 15039 sq. ft. 16084 sq. ft. 16029 sq. ft. 074 sq. ft. 0 sq. ft. 6 sq. ft. t o91 sq. ft. 15009 sq. ft. 15195 sq. ft. 15086 sq. ft. 16498 sq. ft. S 15008 sq. ft. e 15481 sq. ft. 15265 Sq. • ft. 15019 Sq' ft. 7 15270 $q- ft. 1 15126 W. ft. 7 15265 sq. ft. 7 15702 sq. it. 1 15010 sq. ft 1$024 sq. ft. 3 15067 sq. ft 1 16230 sq. ft- 2 15158 sq- ft- 3 15158 sq. ft. 4 15537 sq. ft. 5 15428 sq. 0. 6 15063 sq. ft. 7 15031 sq. ft- 8 15036 sq. ft. g 17945 sq. ft- 0 16855 sq. ft. 1 15269 sq. ft. 2 15264 sq• ft. .3 15537 sq. ft. 4 15088 sq. ft. 5 15380 sQ• ft- 6 16605 sq- (t. 7 9o73 sq. ft. 8 771 sq. ft. g .81 sq. ft. )p 5301 sq. ft. ?1 2g444 sq. ft- ?2 20418 sq. ft. ?3 17726 sq. ft. ?4 17813 sq. ft. �g 17789 sq. ft. >5 17761 sq. ft. 107226 sq. ft. 420265 SQ. ft. 10_ CENTER. OAKS, LLP 13736 N.E. JOHNSON STREET HAM LAKE, . MN 55304 PH. (612) 757--4052 PREPARED _8Y ME YER-R, OHL IN, /IVC. ENGINEERS— LAND SURVEYORS 1 1 1 1 Hwy. - 25 N., :Buffalo, MN 55313 Ph. (612) 682— 1781 REVISED ' 1;-8-98 REVISED • 11-3-97 OCTOBER 15, 1997 , TOTAL LOTS = 108 EXPECTED POPULATION (108X3.2) 345 TOTAL ACREAGE = 64.40 EXISTING ZONING DISTRICT: R 1A PROPOSED ZONING DISTRICT: PUD o ,':. :.0 TRAIL DESCRIPTION Outlot C, Center Oaks, according to the plat thereof. on file and of record in the office of the County Recorder, Wright County, MN and Outlots F, G and H, Parkside Third Addition, according to the plat thereof, on file and of record in the office of the County Recorder, Wright County, MN. NO See attached Center Oaks Improvement Project plans erosion control. Second Addition Grading for grading, drainage and NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Albertville Mayor and City Council Albertville Planning Commission FROM: Elizabeth Stockman DATE: 30 December 1997 RE: Albertville - Cedar Creek Golf Course Planned Unit Development Center Oaks Development Stage (Preliminary Plat) Center Oaks Second Addition (Final Plat) FILE: 163.06 - 97.22 BACKGROUND Center Oaks, LLP of Ham Lake has submitted development stage plans for a portion of the recently approved Cedar Creek Golf Course (CCGC) Planned Unit Development. As the first development stage (preliminary platted) portion of the project the proposed 108 lot single family residential subdivision encompasses 64.40 acres and has been named Center Oaks. The Center Oaks Second Addition Final Plat has also been submitted and is inclusive of 35 single family lots, two parks (one 30-foot access strip) and a trail. The Center Oaks First Addition plat was previously approved to accommodate the Cottages of Albertville by providing for the transfer of land, platting outlots for future development and extending public street access. Following concept plan approval and in expectation of the current project, the property was rezoned to Planned Unit Development on 17 November 1997. Attached for Reference: Exhibit A - Site Location Exhibit B - Approved Golf Course Masterplan Exhibit C - Center Oaks Development Stage Plan (preliminary plat showing Second Addition location) Exhibit D1-D2 - Center Oaks Second Addition (final plat) Exhibit E1-E7 -Grading and Drainage Plans Exhibit F - Water, Sanitary Sewer, and Storm Sewer Plan Exhibit G1-G2 - Lot Size Summary and Revised Configuration of Lots 1 & 2, Block 1 Exhibit H - Trail Locations Exhibit 11-13 - Heuring Property Conceptual Subdivision Concepts 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 61 2-595-9636 FAX 61 2-595-9837 E-MAIL NAC@WINTERNET.COM RECOMMENDATION Based on the review of submitted plans and established Zoning and Subdivision Ordinance requirements, our office recommends approval of the Center Oaks Development Stage Preliminary Plat and Center Oaks Second Addition Final Plat subject to the following conditions: Lot 1, Block 4 is revised to show the required eighty (80) foot lot width. 2.. Temporary cul-de-sacs are constructed at the terminus of 53rd Street and at the western terminus of Kahler Drive (opposite 53rd Street) in the future at such time as lots are platted along said streets. 3. If required, the development stage plan shall be revised to show that public street access is stubbed to the southern edge of the plat to service the Bobby Heuring property. 4. Site grading and utility installation is completed to the satisfaction of the City Engineer. ISSUES AND ANALYSIS Conformance with Golf Course Masterplan. The proposed development -stage and final stage plats for Center Oaks are both in conformance with the approved conceptual masterplan. The plats contain the same number of lots and are configured in the same arrangement with the minor i exceptions of Lots 1 and 2 of Block 1 and Lot 1 of Block 5 which had to be adjusted in relation to the adjacent platted neighborhood of Parkside 3rd Addition (see Exhibit G). Lot Size Requirements. All lots are a minimum of 15,000 square feet with the exception of Lots 1-3, Block 3; and Lots 3 and 4, Block 4 which were approved at a minimum size of 12,500 square feet as part of the CCGC Planned Unit Development . Lot widths approved with the CCGC masterplan have to be a minimum of eighty (80) feet at the designated front yard setback line (varying for each lot). All lots within the proposed plats meet this requirement with the exception of Lot 1, Block 4 for which the lot width was mistakenly measured from the easement line rather than the property line. This lot should be revised to show the required eighty (80) foot lot width. Building Setbacks. Lots approved as part of the CCGC Planned Unit Development may have varying front yard setbacks provided they are no less than thirty (30) feet. The development stage plat indicates the minimum front yard setbacks (many greater than 30 feet) which must be adhered to throughout the life of the Planned Unit Development. It shall be the building inspectors job to see that minimum setbacks are met at the time of building permit application. Street Configuration. The proposed street locations and widths are in conformance with the approved CCGC masterplan. Temporary cul-de-sacs must be provided at the terminus of 53rd Street and at the western terminus of Kahler Drive (opposite 53rd Street), however, because the lots which front on these streets are not being platted at this time, the cul-de-sacs in this. portion of the plat may be constructed at the time lots are platted as part of future phases. One issue which needs to be resolved is the potential extension of street access to the southern boundary of the plat to the Bobby Heuring property. Mr. Heuring has submitted a survey of his 40 property prepared by Westwood Engineering (dated 12-2-97) which shows, two significant wetlands along the property's northern border. The location of street access must either come from Center Oaks as a continuation of Kalenda Drive or from the Leander Heuring property as part of a future plat. Exhibit I shows a compilation of data from the Center Oaks, Leander Heuring (old Meadows plat), and Bob Heuring properties used in developing conceptual subdivision plans. These were done so that a logical location for street access could be determined. Prior to receipt of the Bob Heuring property survey, discussion among staff regarding the location of street stub access favored the Leander Heuring property. However, after review of the completed survey it can be seen that this would require some wetland mitigation. The total number of lots (57-58) can be achieved under either scenario. The Planning Commission should make a recommendation to the City Council on this issue. If required, the Center Oaks Development Stage plat will have to be amended to reflect the added street stub. Grading, Drainage and Utilities. The attached grading, drainage and utility plans have been approved by the City Engineer and grading is near complete on site. High Water Elevation. No structure shall be placed at an elevation such that the lowest floor, including the basement floor, is less than two (2) feet above the highest known surface water -level or ordinary high water level or less than one (1) foot above the 100-year flood level of any adjacent water body or wetland. If sufficient data on high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize and construction shall not begin until the property has been inspected by the Building Inspector. Lot Coverage Requirement. All lots in the proposed plat must adhere to a maximum lot coverage requirement such that no structure or combination of structures occupies more than twenty-five (25) percent of the total lot area. Through analysis of the proposed building pad locations in relation to the lot sizes and configurations, it appears as though this requirement should not pose any problem for future land owners. This item will be subject to review and approval of the City Building Inspector at the time of building permit issuance. Park and Trail Dedication. The proposed plat includes a 2.24 acre (97,608 square foot) park to be developed at a later date by the City. In addition, a thirty (30) foot trail corridor totaling .36 acres (15,618 square feet) has been provided in Block 2 within which the developer shall install an eight (8) foot trail. As shown in Exhibit H, additional trails have been shown on the plat along portions of Kahler Drive, Karston Street, at the rear of lots in Block 7, and continuing south along the ditch. All proposed trails are in conformance with the City's Comprehensive Park and Trail System Plan and shall be constructed at an eight (8) foot width. Park dedication amounts for the proposed project have been calculated as follows: 9 • Required Land Dedication: ■ 64.40 gross acres in Center Oaks Development Stage X 10% = 6.44 acres ■ 21.61 gross acres (exclusive of outlots) in Center Oaks Second Addition - Final Plat X 10% = 2.16 acres Total Park Area Provided in Center Oaks Second Addition: ■ 113,226 square feet (2.6 total acres) =120 percent of required dedication Total Required Trail Dedication: ■ 5,844 linear feet X $13/linear foot (estimated cost) = $75,972 Trails Provided in Center Oaks Second Addition: ■ 1,973 linear feet of trails @ $13/lineal foot = $25,649 estimated trail construction costs (34% of total trail dedication) Parks and trails constructed as part of Center Oaks Second Addition will leave credit owed to developer for use in future phases of the CCGC masterplan. A park credit of .44 acres and an estimated trail credit of $25,649 (the actual trail cost will be credited). Required Landscaping. Developers of all new residential subdivisions are required to provide one (1) tree per single family lot. The tree may be evergreen -(minimum 3 feet high) or -deciduous (minimum 2 inch diameter trunk). Plantings shall not be located closer than three (3) feet to the property line. All yards must be sodded or seeded/mulched within thirty (30) days of building occupancy. Front and side yards as well as any other yard which abuts a public street must be sodded. Rear yards which do not abut a public street may be seeded and mulched. In cases where seeding/sodding has not been done within thirty (30) days of occupancy, the developer shall be required to provide an escrow deposit equal to one and one-half (1 1/z) times the estimated cost of the ground cover which will shall be returned to the developer upon completion of the work. If the weather or other uncontrollable factors prevent the sodding or seeding of bare ground within fourteen (14) days of final grading, the area shall be covered with straw or other temporary material to control erosion. CONCLUSION Analysis of the Center Oaks Development Stage Plat and Center Oaks Second Addition Final Plat has shown that both are in conformance with the approved CCGC Masterplan. The subdivision and construction of homes which follows is capable of meeting all Subdivision and Zoning Ordinance requirements. Based on the review of plans attached hereto, we recommend approval of the Center Oaks Development Stage Plat and Center Oaks Second Addition Final Plat subject to the conditions as outlined in the executive summary of this report. pc: David Lund, Linda Goeb, Pete Carlson, Mike Couri, Kevin Mealhouse, Don Jenson, Scott Dahlke of Meyer-Rohlin, Bobby Heuring 4 r - aps�sb Y y°iMN q b0° 4pppp 00 rat Wy l'ib °0 °.Y �jQE° �p:, •1 Q�, •aq»»»�»^.�� .`J. nj`�•...w - i • _ �' . IL ' Obpp 4pp. Npp jb•g9 °oS'�9 \� 3�:�n�$�r;{y t� �Q�g •{}} 3 -" A`" 1 - Qbb �•° °Maw AApAqPB8 88gb °$ °° O V bE• � //� �1` let th 01 IT a 7 by o ylYV, ;1 � • � Y, 1 `.-. i opba° °;Q�Oa�,^a Nvl-L �U bk 2 .� -..sue--' Jeq iqy ��/" /`h vi. u.�• 5'>>e 3.® �� o�vx ^2 p 0. <. � � o� ' .�• . \ CC�€+ ,00:o�'� � '°"a C�.'I raj 1 I- �- • OMB i r1 N t° � y _ •✓ \ ro-w Abe »!^ o,c o � u �N h 61 xa Yl Fj.. ' s + a IN N.r00. 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G" S EXHIBIT D 2 j i i ss o � ru A / [ i E1 HIBIT E2 HIBIT E3 00 O LO ft Wzt M 0 I r 4s. 1 E*HIBIT E4 in O 6 z ck HIBIT E5 � w P • ' Iy�/ I i _V1 tee' j 'gip.=�•q• IL ?� J I ;1 s / II - 1 I 1 '►� :`Kiss ` __.__ __. i ._..._.:_.. __..r !l 1 � I ' I I � 1 d 49isp Tl i p I 0 0 0 0 J P $ $ m s N N 3 Y NF P Y Go A w �isi P MO •i' i e � t ..__. .. 1 icssro A I .s 3Ti r bsaa- wo_` �t V 1 1 I . ' 1 1 / / .�Y•e.b 0 44- uj I 1; I I' / • jGxsb __.. _. I... I r/ / 1 1 - - • We (Sootto er � 9xnso •7r -u r m: 1 e d :HIBIT E6 BIT E7 I tXHIBIT F I CENTER OAKS LOT AREAS 9-29-97 iSr000 *Block 1 Lot 1 15737 sq. ft. Block 6 Lot 8 15171 sq. ft.- VY1►►Z. *81ock 1 Lot 2 16247 sq. ft. Block 6 Lot 9 15055 sq. ft: Block 2 Lot 1 18028 sq. ft. Block 6 Lot 10 15020 sq. ft. *Block 2 Lot 2 15048 sq. ft. Block 6 Lot 11 15117 sq. ft. Block 2 Lot 3 15087 sq. ft. Block 6 Lot 12 15039 sq. ft. *Block 2 Lot 4 16292 sq. ft. Block 6 Lot 1.3 15084 sq. ft. *Block 2 Lot 5 21868 sq. ft. Block 6 Lot 14 15029 sq. ft. *Block 2 Lo? 6 22873 sq. ft. Block 6 Lot 15 15074 sq. ft. *Block 2 Lot 7 16727 sq. ft. Block 6 Lot 16 15360 sq. ft. *Block 2 Lot 8 16099 sq. ft. Block 6 Lot 17 15266 sq. ft. *Block 2 Lot 9 15052 sq. ft. Block 6 Lot 18 16091 sq. ft. *8/ock 2 Lot 10 15276 sq. ft. Block 6 Lot 19 15009 sq. ft. *Block 2 Lot CJ 11 15073 sq. ft. Block 6 Lot 20 15195 sq. ft. j *Block 2 Lot 12 15433 sq. ft. Block 6 Lot 21 15085 sq. ft. . *Block 2 Lot 13 15045 sq. ft. Block 6 Lot 22 16498 sq. _ ft. *Block 2 Lot 14 15532 sq. ft. Block 6 Lot 23 15008 sq. ft. *Block 2 Lot 15 15181 sq. ft. Block 6 Lot 24 15481 sq. ft. •Block 2 Lot 16 15334 sq. ft. Block 6 Lot 25 15255 sq. ft. '*Block 2 Lot 17 15878 sq. ft. Block 6 Lot 26 15019 sq. ft. . •Block 2 Lot 18 17458 sq. ft. Block 6 Lot 27 - 15270_ sq. ft. •Block 2 Lot 19 26782 sq. ft. Block 6 Lot 28 15126 sq. -ft: *Block 3 Lot 1. 12773 sq. ft. Block 6 Lot 29 15265 sq. ft. 08/ock 3 Lot 2 0 sq. ft. Block 6 Lot 30 15702 sq. ft. *Block 3 Lot 3 13265 sq. ft. Block 6 Lot 31 15010 sq. ft . *Block 4 Lot 1 18156 sq. ft. Block 6 Lot 32 15024 sq. ft. *Block 4 Lot 2 24204 sq. ft. Block 6 Lot 33 15067 sq. ft. *Block 4 Lot 3 1� 4303 sq. ft. Block 7 Lot " 1 16230 .sq. ft *Block 4 Lot 4 14789 sq. ft. Block 7 Lot 2 15158 sq. ft- •Block 5 Lot 1 15005 sq. ft. Block 7 Lot 3 15156 sq. ft. *B/ock 5 Lot 2 15379 sq. ft. Block 7 Lot 4 15537 sq. ft. *Block 5 Lot 3 16101 sq. ft. Block 7 Lot 5 15428 sq. ft &Block 5 Lot 4 16554 sq. ft. Block 7 Lot 6 15063 sq. ft. *Block 5 Lot 5 16013 sq. ft. Block 7 Lot 7 15031 sq. ft *Block 5 Lot 6 16933 sq. ft. Block 7 Lot 8 15036 sq. ft *Block 5 Lot 7 16931 sq. ft. Block 7 Lot 9 17945 sq. ft 'Block 5 Lot 8 15756 sq. ft. Block 7 Lot 10 16855 sq. ft. Block 5 Lot 9 22279 sq. ft. Block 7 Lot 11 15269 sq. ft Block 5 Lot 10 19275 sq. ft. Block 7 Lot 12 15264 sq. ft. Block 5 Lot 11 17091 sq. ft. Block 7 Lot 13 15537 sq. ft. Block 5 Lot 12 16788 sq. ft. Block 7 Lot 14 15088 sq. ft. Block 5 Lot 13 18480 sq. ft. Block 7 Lot 15 15380 sq. ft. Block 5 Lot 14 15368 sq. ft. Block 7 Lot 16 16605 sq. ft. Block 5 Lot 15 15102 sq. ft. Block 7 Lot 17 19073 sq. ft. Block 5 Lot 16 15524 sq. ft. Block 7 Lot 18 25771 sq. ft. Block 5 Lot 17 15993 sq. fL Block 7 Lot 19 43481 sq. ft. Block 5 Lot 18 16159 sq. ft. Block 7 Lot 20 35381 sq. ft. Block 5 Lot 19 15483 sq. ft. Block 7 Lot 21 25444 sq. ft. Block 5 Lot 20 15155 sq. ft. Block 7 Lot 22 . 20418 sq. ft. Block 5 Lot 21 15172 sq. ft. Block 7 Lot 23 17726 sq. ft. Block 6 Lot 1 15005 sq. ft. Block 7 Lot 24 17813 sq. ft. Block 5 Lot 2 15032 sq. ft. Block 7 Lot 25 17789 sq. ft. Block 6 Lot 3 15059 sq. ft. Block 7 Lot 26 17761 sq. ft. • Block 6 Lot 4 15041 sq. ft. Pork 10L7226 sq. ft. Block 6 Lot 5 15033 sq. ft. Outlot A 420265 sq. ft. Block 6 Lot 6 15094 sq. ft. Block 6 Lot 7 16266 sq. ft. EXHIBIT G 1 NOV-03-97 MON 14:07 MEYER-ROHLIN. 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Basic highlights of the state tobacco laws and regulations *All retailers who sell tobacco must be licensed *Communities must comply with the laws minimum standards *Jurisdictions will need to cooperate and collaborate *Ordinances must set an administrative penalty system, a system for compliance checks, and restrict vending machine sales and self-service sales In a nutshell, the licensing jurisdiction needs to license and enforce their ordinance. Compliance checks must be under the direction of a police officer and must be conducted by minors between 15-18 years old, basically 16 & 17 year olds. On December 18, 1997, the Wright County Auditor/Treasurer addressed this issue with Wright County cities and townships. The basic question asked the municipalities what their intent/desire is regarding tobacco licensing ordinances, namely local vs. county. Current county status - On January 13, 1998, the County Board referred the issue of a tobacco licensing ordinance to a Ways and Means Committee hearing scheduled for January 28, 1998 at 1:30 p.m. Since they have not been in the licensing business, and do not have an ordinance in place, they are still evaluating the options. Pros/Cons A. City establishes ordinance and handles all licensing features Pros: 1. City collects the fee 2. Local control 3. Potentially easier to monitor Cons: 1. Compliance checks must be conducted by minors. They must be trained, under the direction of police officers 2. Using local minors might disrupt retail relationships 3. Liability issue 4. Amount of fees collected plus penalties will vary by municipality 5. Cost involved in drafting/adopting an ordinance, plus costs of compliance checks 6. City would be responsible for fining violators B. County establishes ordinance and handles all licensing features Pros 1. Consistent procedures/policies regarding fees, compliance checks etc. throughout the county 2. County would appear more anonymous 3. County would be responsible for costs of licensing and compliance 4. Since the compliance checks must be monitored by licensed police officers, the county is the logical agency Cons 1. County would collect the fees and fines(if any) 2. Loss of local control 3. Standardized fees/fines may not benefit the city 4. County might establish licensing costs which are more than the city would require Recommendation: The council directed me to research and make a recommendation. I am not comfortable, at this point, to recommend, since the information regarding potential county involvement is incomplete. However, if pressed for a decision, at this point, I would support having the county handle all tobacco licensing and compliance issues. Local control on this topic doesn't seem to bring many rewards, mainly problems. Attachments included: Background information on the 1997 law Correspondence from Wright County Sample ordinance Albertville ordinance and resolution Page S Youth Access to Tobacco Legislation Chapter 227%H.F. 117 (See Appendix for complete text.) Chapter 227: Legislative Provisions This law was created to provide a uniform floor of provisions to reduce youth access to tobacco without preempting local control ` Notable provisions in the youth tobacco access law are: • Licensing of all tobacco retail outlets. • Graduated penalties against the license holder for the illegal sale of tobacco to minors. • Mandatory compliance checks once every year. Minors participating must have parental permission. • Ban on self-service displays of single packs of cigarettes and smokeless tobacco and on vending machines except in facilities that cannot. be entered by minors (until the full FDA ban on self-service goes into effect). Suspension of the driver's license of a minor who is found guilty of a petty misdemeanor for using a driver's license to purchase tobacco, or of an adult who is found guilty of a petty misdemeanor for allowing, a minor to use the adult's driver's license to purchase tobacco. • Penalties for the clerk who illegally sells tobacco to minors. • Alternative penalties for minors found to have purchased, used, or possessed tobacco illegally. • Tobacco manufacturers must report annually the presence of ammonia, arsenic, cadmium, formaldehyde and lead in their tobacco products in their burned or unburned state. • State law will not preempt local ordinances, either current or future, for more restrictive regulations. Page 6 Chapter 1 State Tobacco Laws and Regulations CHAPTER HIGHLIGHTS • All retailers who sell tobacco products must be licensed • Communities must comply with the new law's minimum standards • Jurisdictions will need to cooperate and collaborate • Ordinances must set an administrative penalty system, a system for compliance checks, and restrict vending machine sales and self-service sales The Minnesota youth access law, effective August 1,1997, requires. licensing of all retailers who sell tobacco or tobacco products. Counties must implement a licensing system for retailers if cities. or townships do -not ha or adopt, an ordinance that complies with at least the. minimum standards set. by the state law. OW Local governments need to adopt a licensing ordinance after August 1, ; 1997. Since developing and adopting licensing ordinances can take time, it is p� g likely many cities, townships and counties will adopt their ordinances in ;. early -1998. Jurisdictions will need to cooperate and collaborate in enacting.youth , access ordinances. For example, if a city or township acts after a county , license has been issued, it is best to coordinate the licensing schedule with the county to avoid double licensing. Likewise, counties may wish to coordinate the effective date of their new licensing requirements with the expiration of. any pre-existing but non -conforming city or township license. Under the state law, a retailer holding a city or township license is not required to obtain a county tobacco license. However, the law is silent as to requiring the local license after the county license has been paid for. Duplicate licensing should be avoided. Page 7 Before amending or adopting an ordinance, the county, city or township must provide notice of their intent to act on the ordinance. This notice can be provided by the general posting and publication procedures used to call the meeting at which the ordinance will be discussed. .4 They must also provide retailers who sell tobacco or tobacco products with at least 30 days mailed notice of the meeting's subject, time and place. The government entity seeking to adopt or amend the ordinance should maintain a record of who received the notice, and how those persons were ~ identified (i.e., past licensing records, visual inspections to determine who sells tobacco and tobacco products in the community, etc.). } Ordinances must contain certain provisions Any county, city, or township ordinance adopted or amended to conform with the state law will need to contain at least the following Provisions: • An administrative penalW'system. The law intends for local governments Ito establish a system` where an alleged violator has the right to be heard before a designated hearing officer or panel. For a detailed discussion of administrative penalties, see Chapter 2 of this manual. • Mandatory compliance' check(--;). The licensing authority will need to conduct at least one unannounced compliance check per licensed establishment per year, in which minors, under the supervision of the licensing authority, attempt to purchase tobacco. For a detailed discussion of compliance checks, see Chapters 3 and 4 of this manual. T • Prohibit vending machine gales. Unless minors are prohibited at all times from entering the licensed establishment, the sale of tobacco products from a vending machine is banned. (Note: Contrary to popular belief, minors are not prohibited by law from entering liquor establishments. Such an establishment, could, however, adopt and enforce its own policy Page 8 prohibiting minors from entering.) The previous state law regulating vending machine sales (Minn. Stat. sect. 325E.075) was repealed. Prohibit cplf-service sales. In 1996, the FDA enacted measures to reduce the sale of tobacco to youth. These measures will take effect at different times. (See Chapter 7 of this manual.) Included was a ban on self-service sales. The FDA guidelines interpret self-service sales to mean any transaction where there is not an actual physical exchange of the tobacco between the seller and the buyer. Under the new Minnesota tobacco _ law, self-service' sale of individual cigarette packages_ or containers ,of smokeless tobaccoiis - prohibited until such. time as these FDA regulations take effect When the FDA regulations, become effective, all self-service sale_ s of cigarettes and smokeless tobacco is prohibited An exception to the ban on self-service sales is made for establishments that are off, limits, to minors at all times; and which derive 907o or more of their revenues from selling tobacco and tobacco products. Licensing fees The new youth access law authorizes the governing body to establish licensing fees that will cover the cost of administrating and enforcing the above provisions. Substance disclosure The new state law requires manufacturers of any tobacco products sold in Minnesota to provide the State Health Commissioner with a report disclosing the presence of a detectable level (either in the product's burned or unburned state) of ammonia, or of any compound of ammonia, arsenic, cadmium, formaldehyde, and lead for each brand of tobacco product sold in the state. Local units of governments can request a copy of the report to assist with the enforcement of local ordinances. Pap 9 Driver's license The law also authorizes the suspension of, or delay in eligibility to receive, a driver's license for any minor who uses a driver's license, permit, or state identification card in an attempt to purchase tobacco. See Chapter 2 of this manual for details.' Other state laws that impact tobacco sales In addition"to the state youth access law, other state laws affecting tobacco sales include: 1. Minn. Stat. (sec . t)609.685,' whicli makes it a` gross misdemeanor to" sell," tobacco prod ucts: to minors, a n-dsdemeahoi to otherwise priovide1obaccor, proto 'm'inors,-- and a' petty misdemeanor for minor's' to �ljeg­a y al attempt to­purichase, use, or possess tobacco' products purchase', afte t u S. 2. Minn; Staii"(se' )144.391which 'estiblishe's�an official state polic'-".Pavqlir-,, y in ,_ of preventing young people from-'startifi g to'9`m'! lokle." For the complete text of both documents and other pertinent sikuie-s,' see the Appendix. M Page 10 n Chapter 2 Administrative Penalties for Tobacco Law Violations CHAPTER HIGHLIGHTS • Communities must set administrative penalties; the state law sets minimum penalties • Minnesota has several resources for developing alternative penalties for minors • Alleged violators of ordinances are entitled to due process • Sample forms at end of chapter •+t•tt The new state youth access law makes administrative penalties . mandatory for certain violations of tobacco ordinances. The licensing authority imposes the penalties, so each local entity adopting or amending a tobacco licensing ordinance must include a ``provision on administrative penalties in order for the ordinance to cotnply' with the minimum r Y requirements of the statute. 1 Why use administrative penalties? The purpose of administrative penalties is to offer a..more effective and efficient alternative to formal court proceedings. Perceived .advantages. include that they... • Are less costly Are less intimidating • Foster better relations between government officials and retailers • Maintain local control Although the state law sets the minimum threshold for the administrative penalties (fines), the licensing authority may set higher fines if this best meets the needs of the community. There is no specific ceiling for administrative penalties in the state law, but the general rule is that the fine must be reasonable for the offense. I Administrative penalties are not legally considered "punishment' for the purpose of "double jeopardy." This means that an alleged violator of a Page 11 tobacco licensing ordinance may be subject to both the administrative penalty required by the new state law, as well as criminal prosecution based on violation of either the ordinance or the criminal statutes. According to Minn. Stat. (sect)609.685, it is a gross misdemeanor to sell tobacco to minors, and a petty misdemeanor for minors to illegally purchase or attempt to purchase,' possess, or use tobacco. These criminal provisions remain in effect; the new., state tobacco licensing law does not change these laws. = s' Minimum penalties unposed by state law: A_ i.icens - For any violation committed by the licensee or by an employee of the licensee, • First violation: $75 { • Second violation at the same location within a 24-month period: $200 • Third or subsequent violation at the same location .within a 24-month . _{: - period: $250 and a license suspension for at least 7 days: " R. C1erk nr other „ordnr ..rho ell.. tobacco t _ $50. I C. Minters - No specific administrative penalty is imposed by the state law. The law requires the licensing authority to consult with interested educators, t. parents, children, and representatives of the court system to develop alternative penalties for minors found to have purchased, used, or possessed tobacco illegally. Possible penalties include requiring the minor to attend, , tobacco -free education programs; participate in a court diversion program, or notifying the minor's school and/or parent or guardian of the violation. In order to expedite the enactment of a tobacco ordinance in your community, local entities may set the administrative penalty for minors in its ordinance and later amend it following consultation with the .individuals listed above. Page 14 i Who... For the administrative hearing of an alleged ordinance violation, the hearing officer or panel determining whether the violation occurred may be any designated local government employee, a neutral hearing officer or panel hired by the local government, or the local government board itself (city council, county board, etc.). What». Notice of the alleged violation should clearly state the nature of the violation and the potential penalty, as well as the process to request a hearing :; .(usually by contactin the coup recorder, city or town clerk, or comparable, -it arable..;f - � ,g r county tY P � position).. d=vri At the hearing, the alleged violator should. again be informed of the::-4 SAt charges, the basis of the charges, and be provided the opportunity to tell his/her side of the story. The person should be allowed to present any ' evidence he. or she believes to be relevant. Any ;evidence the licensing authority has collected should also be made a part of the record at the -UP administrative hearing. Following the review of any evidence and testimonvofs the hearing officer or panel should determine whether a violation has actually.., - occurred, and if so, what the penalty should be. The decision of the hearing officer or panel should be supported by a formal findings -of -fact sheet that provides a detailed summary supporting the final decision. A copy of the final decision and the findings -of -fact should be provided to the alleged violator. I Page 15 When.. Once a hearing is requested, it should be scheduled within a reasonable time period. Notice of the date, time and place of the hearing should be provided to the accused at least ten days prior to the hearing. Some local units of governments have elected to set standing hearing dates and times, and if this is the case in your community, you can provide` ", that information directly in the notice of violation. For example, if the hearings are to be conducted in conjunction with a regularly scheduled meeting, the notice could state that the alleged violator has the right to ,appear before the hearing body at the meeting of If this is the case and the°` hearing is to take place in conjunction with a regularly "'scheduled meeting, should be done as a separate process either before or after the regularly `oq scheduled meeting. The notice of the hearing should also clearly summarize the hearing process that will, be' followed.' a Post -Hearing gF If a penalty is imposed, the violator should be informed where to pay' v the fine (if that is the applicable administrative penalty), and of the right to appeal the decision. The state tobacco law provides that all decisions of the '' 4 �' hearing officer or panel can be appealed to the district court having; .jurisdiction in the area in which the violation occurred. If any administrative penalty is not paid, the licensing authority has several options for collection: • Conciliation court • Debt collection service • Penalty for late payment • Separate offense for failure to pay fine • Suspension or no renewal of related business license • Possible assessment (consult with attorney and County Recorder) 1. I 7 � ^ Page 20 Chapter 3 Conducting Compliance Checks: What Some Communities Do CHAPTER HIGHLIGHTS • Multi -city approach: Cities share the costs and one part-time coordinator • Individual city approach: Police handle compliance checks; vendor suggestions incorporated into program ` • Large city approach: Volunteers recruited through youth service agency m .. • Outside contractors can be hired The 1997 Minnesota youth access to tobacco law requires annual V{ :); unannounced compliance checks by minors over age 15 and under age 18 who attempt to illegally purchase tobacco. Checks are performed with the prior written consent of a parent or guardian and under the direct supervision of a law enforcement officer or employee of the licensing' authority. Why compliance checks are an essential enforcement tool - � Unannounced compliance checks are used as an enforcement. V N mechanism for state and local age -of -sale laws. They can also be a means for'' communities to measure the availability of tobacco in their city, county or town. Many cities and towns have already adopted ordinances requiring licensing and have established license fees which provide the funding for on- going compliance checks. Communities have fashioned a number of approaches for conducting regular compliance check programs. The following are approaches which have been used successfully in some Minnesota communities. Your community may wish to consider one of these alternatives -- or use elements from one or more of the examples based on your own particular situation. NOTE: These procedures pre -date the new state law, so some minor details may need to be changed, such as penalty provisions. 1 0 Page 21 Multi -city approach: Ramsey County The cooperative multi -city approach was pioneered by four Ramsey County cities. The program has since grown to seven cities and is adding more communities. Each city has their own tobacco ordinance and the penalties for illegal - sales vary from one city to the next. The cities share the costs of the program. - Each pays a base fee of about $350, plus about $20 per licensed tobacco vendor. The funds cover the costs of a part-time coordinator; mailings and incentives. Coordinator responsibilities The coordinator... • Recruits and trains teen compliance checkers, ..pu • Maintains a file of their photos and permission slips, and • Schedules teens for when the local department performs its check. All cities perform two compliance checks per 'vendor per year.'Sever"al of the cities also conduct follow-up checks of violators. The coordinator maintains statistics for all cities and provides training sessions. for vendors following each round of compliance checks. Y One philosophy of the project is that media attention increases compliance with tobacco laws. The project encourages the media to observe checks, issues a news release at the completion of each round of compliance checks, and works with the press to identify interesting story subjects. All compliance checkers are volunteers recruited through school guidance counselors and youth groups. They are given T-shirts or other recognition for participation. The project is managed by a representative from each community. Most representatives are police officers or administrators. For more ' Page 11 1 information, contact Susan Richter -Eggert, North Suburban Compliance Check Project, (612) 770-3394. Individual city approach: City of Plymouth The City of Plymouth has about 50 license holders and does a minimum of two compliance checks per vendor per year. Alcohol and '. tobacco compliance checks are completed as a regular part of police activities. When Plymouth initiated their program they met with licensed tobacco vendors and discussed the goal of the program: Zero tobacco sales ' to `kids Vendors' suggestions were. incorporated into the city's program and two "awareness" compliance checks were done before penalties were . assessed.° ' Letters were sent to all vendors prior to the awareness checks. (The lette`rs� only indicated that checks were scheduled without giving specific dates.)tbJO ( Vendors were given the :results of those checks. NOTE: Under the new state'"U 1 law, compliance. checks must be unannounced. Volunteer teen checkers are recruited by the school liaison officer. Each" teen participates in a brief procedural training. The city has a written protocol for checks. Photos of the teen are kept on file by the police department. When a store passes a compliance check, the supervising officer immediately informs the store they have passed their check and the manager is handed a letter confirming that the check was done and passed. When an illegal sale is made, the officer issues a citation to the clerk and writes a complaint, processed by the city attorney, against the vendor. The clerk is charged with a gross misdemeanor. After the clerk's case is completed, the complaint against the store is processed. Fines for clerks are under $200. The city also issues tickets to juveniles caught smoking. Most first-time offenders enter a diversion program directed by the school liaison officer. Page 23 The city's established fine system for vendors is uniformly applied, but the council reserves the right to exercise flexibility in the case of unusual circumstances. Plymouth has had no difficulty recruiting teen compliance checkers, has not found the program burdensome, and has maintained a positive relationship with vendors while sending a consistent community message ;that tobacco sales to youth and tobacco use by youth will not be tolerated. For; 1r,, more information, contact Craig Gerdes, Plymouth Police Chief, (612) 509 5000. Large city procedure: Saint Paul Cities with large numbers. of vendors may need to be creative in conducting compliance checks. Saint Paul's Office of License Inspections 'and r_ Environmental Protection performs annual compliance checks: They `haven f administrative penalty matrix for vendors who make illegal sales:' -E Uncontested cases are handled directly with licensing staff. 7.. SJ The city council gets involved only in (a) contested cases; (b) cases of multiple violations leading to a license suspension or revocation, and (c) when specifically requested by the license holder. The city found that offering council hearings for all administrative penalties was burdensome for both' the- council and vendors, so involving the council only in contested cases or in response to special requests has been a benefit for all. Recruiting enough compliance checkers who reflect the diverse makeup of the city was a challenge until they developed an agreement with a youth service agency to provide trained volunteers. The city, youth and agency all benefit from the cooperative agreement. The program allows the agency to receive a small stipend for each compliance check conducted. Compliance checkers are paid for their time. They are able to complete approximately 20 checks in two hours. This is about the maximum number of Page N checks the teens are able to do before tiring. The youth program is responsible for collecting photos and permission slips, but the city maintains the file. The city license inspector picks up the teen and returns him or her, home after the checks. For more information, contact Bob Kessler, Director; ;.*) 1 Office of License Inspections and Environmental Protection, (612) 266-9112. Outside contractors: State of South Dakota � Outside contractors are hired by some communities to accomplish' their compliance program. -This has been more common in states other than `"ter' Minnesota. At least one person is performing compliance checks on a contra basis for several states and localities. If a contractor from outside the` area hired, care must be taken to ensure that s/he will be available to testify should the case go to court. The contract should clearly specify the compliance protocol to follow. Photos and other identifying information about the teen checkers should be provided to the city. The State of South Dakota Department of Human Services has used an out-of-state contractor to do their Synar compliance checks. They forward the compliance results to local state attorneys (similar to Minnesota's county attorneys). It is up to them to determine if there will be a prosecution. Only clerks are charged. The clerk has an option of paying a fine or going to court. It is unclear how many clerks have been fined; the outside contractor has never had to return to the state to testify. The state is very satisfied with their contractual arrangement and says it costs less then $20 per compliance check. -For more information, contact Hoby Abernathy, Prevention Coordinator, Division of Alcohol and Drug Abuse, (605) 773-3123. Other options Occasionally, city or county law enforcement offices develop an agreement with another department, such as the health department, to perform their compliance checks. Normally there is a letter of agreement Page 25 which spells out the responsibilities for all concerned. Since fines could result and it could be referred to court, all evidence must be collected as though it,, will be .filed in court. The county attorney and local law enforcement should review all compliance check protocols to insure that evidence is gathered and stored in a proper manner. Larger communities have the option of using either licensing or law enforcement officials for doing their compliance checks. Both Minneapolis and St. Paul have assigned this responsibility to their licensing division and both cities are' satisfied with their results. Licensing personnel, are accustomed to doing inspections and gathering evidence. Both cities find this to be acost-effective approach which ,is consistent with the .wa ,otherµ nab g v w=,= id t33 :i .:;� 4 rota "� _ 3 _: ter: „ y . t 1 license ng matters arg addressed. y ;s w 1 a Page 26 Chapter 4 Guidelines for Conducting Unannounced Compliance Checks in Your Community f CHAPTER HIGHLIGHTS ` • All compliance checks must be under direct, adult supervision a • Youth volunteers and parent/guardians should know the purpose and procedure of , compliance checks • Safety protocol is important , • Local agencies, volunteer supervisors and youth have several responsibilities This chapter provides information about how to conduct compliance checks. Sample forms are included which can be used and adapted byy6ur , community. s;x Recruiting youth participants - According to the 1997 Minnesota law, youth conducting compliance { checks must be over age 15 and under age18. (It was the intent of the Bill authors to use 16 and 17-year-olds.) Males or females may be used.- sed Youthsr" _`4q who participate in compliance checks should appear such that most ✓''i reasonable and prudent people would assume that the youth might be a younger than 18. In communities that have conducted compliance checks, the following resources have been helpful in recruiting youth: family, friends, youth groups, church groups, baby-sitters, colleagues at work, chemical -free school groups, high school health education classes, school teachers, counselors, D.A.R.E. officers, local County Extension offices/4H, scouts, other youth organizations, diversion projects, or community corrections. When youth are recruited, caution should be taken so they do not alert their friends or other parties about upcoming inspections. Again, they can only satisfy the law and be effective if they are unannounced. ' f Page 27 Training youths and obtaining parental permission The responsible local agency should be available to meet with the youth and their parents to fully explain the purpose of the checks and the conditions of participation. A packet of information could include: • a description of the activity; :. • the expected time commitment involved; • training requirements; • compensation. information, and • any additional responsibilities, such as required court appearances. As a prerequisite to participation, parents or legal guardians 'must give informed consent and release. Parental permission is required by ' the'1997f i ' Minnesota law. All consent forms must be signed before involving you"thin ' } compliance checks. (See sample consent forms at the end of chapter.) .The licensing authority should maintain a file of all signed forms.- `` J' The responsible local agency should meet with. the youth and the w parent or guardian to explain the purpose and procedure of the inspections: r It should also provide a copy of the applicable Minnesota. statutes (Ch. 227 r' and §609.685) to the parent/guardian for further explanation. Recruiting adult supervisors As part of the 1997 Minnesota law, annual unannounced compliance checks shall be performed under the direct supervision of a law enforcement' officer or an employee of the licensing authority. Each city, township or county shall designate a responsible local authority to supervise the compliance checks. ' Using the contracted services of persons or agencies as designees of law enforcement or the licensing authority is not specifically addressed in statute. Page 28 1 If persons other than law enforcement agents or local government employees. are used, some suggested considerations include: • Potential adult supervisors should be given criminal background and DWI/ DUI checks. N • Each adult supervisor should have a reliable automobile, a good, driving record, a valid driver's license, and automobile insurance. • Each adult supervisor shall receive information packets that include: a description of the activity, the expected time commitment involved, information on training and compensation, and any additional responsibilities, involved, such as required court appearances. • Each adult supervisor should sign an informed consent and release form prior. to performing compliance checks. (See sample form at end of chapter.) • Each adult supervisor shall carry, a letter on his or her person identifying' themselves as a contracted agent of the licensing authority for the .y purposes of conducting compliance checks. Safety considerations 1 • It is the responsibility of the adult supervisor -- whether law enforcement, a regular employee, or a contract employee -- to ensure the safety of the youth by keeping a close eye on the minor as s/he enters the site, and be prepared to intervene if a problem arises. • Youth should never be sent into a situation that is potentially volatile or dangerous. • Upon entering a retail outlet, if the youth feels uncomfortable, s/he should leave the store immediately and return to the vehicle. • Some areas require all youth compliance checkers to enter the retail outlets in pairs of two as a precaution. • Youth should be instructed never to confront a store clerk or customer for any reason. Page 29 Responsibilities • Conduct unannounced compliance checks as often as the local ordinance requires at each location where tobacco is sold, ' but at least annually. • Develop local, specific procedures (using youths individually or in pairs, obtaining receipts, when and how to notify merchants, whether or not to have the purchase attempt observed by the responsible adult). • Recruit and train youth and adult supervisors. • Take a photo or videotape of each participating youth and keep it on file. These should reflect how the youth will look when entering a store (e.g., hat on or off). They may be kept as evidence to show that the youth was not "made up" to- appear older than s/he actually was. Photos' should recent (within one month) and should show'the youth as they typically' appear. • Keep a copy of the youth's birth certificate on file,'"plus a copy of the IDh used by the youth - driver's license or school. ID. • Maintain records of which youths participate when compliance check is made; what establishment is checked, etc. • Promptly report the results of the compliance checks to the licensing '. authority (if different than responsible local agency) and other responsible ' state or federal agencies (as requested) including: completed consent forms, photos of youth, and detailed results of compliance checks. • Promptly notify retail outlets of the compliance check results. Adult supervisors shall• • Transport minors to retail tobacco outlets. • If possible, observe the purchase attempt. • Handle funds and tobacco products purchased. • Complete the data collection form with the minor. • Familiarize themselves with compliance check protocol for minors. u Page 30 Youth shalli • Be over 15 years of age and less than 18 years of age (ideally 16 or 17). • Make no effort to disguise their age and wear the clothing, hair styles, and - makeup they ordinarily wear. • Never lie about their age. If asked questions about their age, or date. of birth, the youth should respond truthfully. _ • Show an ID if asked to do so. If the youth does not have an ID, s/he should,,' simply say so. Do not attempt to deceive a store clerk. • Choose a tobacco brand name and product type in advance of the . compliance check1. Y • Have enough money to buy the tobacco products., • Attempt to purchase tobacco products only (single pack of cigarettes or a. single can of smokeless tobacco). • First attempt to buy from a self-service display, but if none is available ask =i for clerk assistance. • Not buy pop, gum, candy, or other products in addition to the tobacco product. • Say that the tobacco is for their own personal use, if questioned by clerk. If asked for whom the tobacco is being purchased, they should respond, "for me.,, • Leave the store and go to the vehicle they rode.in to immediately fill out a 4 data collection form with the adult supervisor. ` • Be prepared to have a detailed discussion with the adult supervisor about the experience in the store. • Not tell anyone which stores they helped to check. All youth should be trained prior to participation in compliance checks, including a review of this protocol list. C Page 31 Cost of compliance checks On average, compliance checks take only minutes to complete.' Whin,a' store sells tobacco to the minor, compliance checks take longer and become more expensive. Through licensing fees, the 1997 youth access to tobacco law is intended to cover the costs of compliance checks and enforcement actions. The costs associated with compliance checks can vary widely, but cost include: personnel; costs associated with youth (wages, food, transportation); transportation and per diem for inspectors (mileage, food, lodging); tobacco; ; data processing, analysis, and reporting; and miscellaneous costs such'`as } photos of minors. Additional things to consider Youth may not want Io attempt to purchase in their own neighborhood or community because the buyer might know the clerk or recognize someone in the store'Local agencies may not want to use local youth for similar � reasons. Locating youth from a different community may present a challenge for recruitment. This situation could be used as an opportunity to share teen a buyers with neighboring communities. Try to match the racial/ethnic characteristics of the youth with the neighborhoods) where the inspections-,. will occur. Upon completing a round of compliance checks, adult supervisors may wish to offer food or provide a treat at a fast food restaurant. This is a time to debrief the youth about the overall experience. On average, Minnesota youth have not been paid for conducting compliance checks. Most youth are satisfied to volunteer their services. Many high schools require community service hours as a condition of graduation, Page 32 and compliance, check work has �b en used to; .fulfill those conditions. However, there are several nonmonetary ways to compensate youth, including: pizza, gift certificates donated by local businesses, letters of commendation -or-movie tickets..- 4�.�r�Afl` EJ :Y•-hsf �''::7 i"Z T4Jvr�-X Y=. �.s .: .',�%'pk {F.'3_.j •,,,.ij�.d+,J Rf j ):lS Yi.l F}'.r .k .4't:T .`.. . ti;.4�3�ei�i'F,f� w}f=��. Lasi.r3 .7�.4x.• �i.`_i»:..'t`.i .�tt�i'::i I'' i2 �i�i m, is-�`�: «.. e•a�iEf fi �N..� is r.i:er. F SSi F,'':•.� R:>`.4a _..a.� � .. .... ,?` �. �:J�f`si� Y�i♦ ���xi, ,`si'k �S. .+}•_,'�.r"a F. Page 33 (SAMPLE) Driver's Certification and Release from Liability for Adult Supervisor Name: Street Address: City, State, Zip: Date of birth (month, day, year): I certify that I am a licensed, insured driver. Driver's license number. Insurance company: Policy number. I will require that all occupants in my car wear seat belts at all times. I release, discharge, and hold harmless from any liability, whether joint or several, on all potential claims, action and demands, based on matters now. unknown as well as known, and unanticipated as well as anticipated, directly or indirectly resulting from activity regarding my involvement in this compliance check project involving the investigation of individuals involved in the sale of tobacco to minors. My services are voluntary and assumption of any risks of injury or harm is made by the undersigned. Signed Date Notary Public Date Page 34 (SAMPLE) Youth Consent Form and Waiver Name: Date of Birth: Male . Female Address: Phone: ( ) Instructions: Carefully read each line below. Please ask questions about anything you might not completely understand. Your signature signifies„that you do understand and are willing to abide by all the terms of this agreement. I understand that the purpose of the compliance checks is to assess the current sale of tobacco to underage youth by attempting to purchase tobacco products. I understand and agree that I am not to pursue or participate in any operation relating to alleged tobacco sales violations unless I am under the direct supervision of the (insert name of responsible local agency)'s -adult supervisor. i I understand that Minnesota Statutes 609.685, subdivision 3, which defines as a petty misdemeanor the possession and attempted purchase of tobacco products by minors, "does not apply to a person under the age of 18 who purchases or attempts to purchase tobacco or tobacco related devices while under the direct supervision of a responsible adult to training, education, research, or enforcement purposes." I understand that specific information ' about the unannounced compliance checks of tobacco retail outlets is confidential and agree that I will not discuss outcomes or details of specific inspections, including but not limited to: retail locations, retail staff making sales to underage buyers, and (insert name of local responsible agency) staff involved in the compliance check unless directed by project staff. I agree not to violate any laws or commit any crimes while participating in unannounced compliance checks of retail tobacco outlets. I understand that if I violate any laws, except the one I am granted immunity from, that I may be responsible for those violations. I agree to relinquish all tobacco products purchased as the result of these compliance checks, any change and all unused money to the adult supervisor. 1 ( Page 3S I understand that an unannounced compliance check of tobacco retail outlets will commence at the time I meet the designated adult supervisor for scheduled operations. I further understand that each compliance check will be considered terminated at the time I exit the designated adult supervisor's vehicle at the conclusion of the compliance check and data collection session. I agree to participate in the training by (contractor's name), and adhere to the protocol of the responsible local agency. I 1 Youth's name (please print) - Youth's signature Date Parent/Guardian's name please pruit) Parent/Guardian s signatur`e', Date :� .J' 4 �. *t": 7L• ..w> ., . ..'�� �� 't•".vs�rF°'+� r sx •.�•rs �f..�,t �z a���,Y z. '' .: �a�� .<:..�'s3� .� '.+*'i��. +f:g' Fm f3+z{ :�s r;4r s C J"3t�IC Ftlg . J- . 1. .. .. ... .. . , Page 36 (SAMPLE) Parental Consent Form/ Emergency Medical Consent Form I do hereby give permission for my child to purchase tobacco products under direct adult supervision during compliance checks of retail tobacco outlets, conducted by (insert name of responsible local agency) to determine whether they are in compliance with Minnesota Statutes 609.685, which prohibits the sale of tobacco products to minors. The purpose is to test retailer compliance with Minnesota Statutes 609.685. I understand that Minnesota Statutes 609.685, subdivision 3, which defines as a petty misdemeanor the possession or attempted purchase of tobacco products ,by minors, "does not apply to a person under the age of 18 who purchases or attempts to purchase tobacco or tobacco related devices while under the direct supervision or a responsible adult for training, education, research, or enforcement purposes." I release, discharge, and hold harmless the state of Minnesota, its agents, officers, and employees and (insert responsible local agency's name) from .any and all liability whatsoever, whether joint or several, on all potential claiiiis, V. actions and demands whatsoever, that now exist or may hereafter exist, and including all claims, actions, demands whatsoever based on matters now unknown as well as known, and unanticipated as well as anticipated, in any matter whatsoever, directly or indirectly resulting or to result from activity regarding my child's involvement in compliance checks of the sale of tobacco products to minors. My child's services are voluntary and assumption of risks of injury or harm are accepted by the undersigned. I give my consent to having the. above -signed participant treated by a physician or surgeon at my expense in the case of a sudden illness or injury while participating in minor's tobacco purchasing survey activities. If a personal physician is listed below, every effort will be made to contact that physician. However, I understand that the location of the activity or the nature of the illness or injury may require the use of emergency medical personnel other than the physician or medical group listed below. Please provide the information below if applicable. Please print. Name of family physician or medical group: Telephone number: Medical insurance coverage and/or medical group number: Page 37 Dates of service: to Parent/Guardian's Name (please print) Parent/Guardian's Signature Parent/ Guardian's Address (P lease print): _._....._.._. _..._ Date _ _ •� s taw . , b:'~. , , .. �. _._ .: , Youth's Name,-.-,,: ACC°s 2_..dt1:?ri Youth's AddressY off-,, 1 y ; - 5+i•S'i ; .a,iA +} y y (TC((�� yy ��.j (sty ^���y ,!. /,w { t �` dJ `+IlV�13Y.hJ� t'fi!':-w%Y{iR`:� �lii fix .I'&I,i� iJra�ij �.J Y�f�y 4 - t i". e, of Parent or Gu - ur a�dian ; � a �x � ,� 'Date • A .. i *., - q��r .t���-,��.�" t4 4 4 � w 4 .,.., 4 .�aa..+J i4J•..2 �> ^i #:. �t ..ir �M Page 38 COMPLIANCE CHECK DATA COLLECTION FORM KEY ELEMENTS A. Retailer Information 1. Business Name 2. Street Address, City, State, Zip Code 3. Owners Name (If there is a violation) B. Inspection Type 1. First Check 2. Recheck C. Date of Check D. Time of Check E. Result of Minor's Attempt to Purchase Tobacco 1. ID requested (Y/ N) 2. Age Asked (Y/N) 3. Sale Completed (Y/ N) 4. Retail Clerk (Male/Female) F. Business Classification 1. GenMerch - General Merchandising (includes large discount stores) 2. Conv - Convenience Stores 3. Gas - Gas Station 4. Tobacco - Tobacco Store/Smoke Shop 5. SM/Groc - Supermarket/Grocery. 6. Conv/Gas - Convenience Store/Gas Station 7. Drug - Drug Store/Pharmacy 8.Other - (e.g., bait/tackle shop, liquor store, restaurant, bowling alley, hotel/motel or stand-alone bar/ lounge) G. Compliance Check Not Completed 1. Does not sell tobacco - Business does not sell tobacco products 2. Business closed - Check was outside of the regular business hours 3. Out of business - Business has permanently closed 4. Unsatisfactory conditions - Adult escort or minor determined that the business should not be entered at the time. Space should be provided on the form to enter a written description of the situation (e.g., questionable or unsafe conditions) H. Minor ID (This ID is assigned by the responsible agency to the minor compliance checker.) 1. Minor's Age 2. Minor's Gender 3. Minor's Initials (Minor should initial only after Adult Escort has filled in appropriate responses. The Minor is certifying that the information is correct.) I. Adult Escort ID (This ID is assigned by the responsible agency.) J. Adult Escort's Signature K. Adult Escort Witnessned Sale to Minor (It may not be required, but if transaction can be observed, the Adult Escort should do so.) L. Attempted Purchase Item I. Cigarettes 2. Smokeless tobacco � r Page 39 M. Comments (Optional) Comments should include applicable information only (e.g., description of why establishment not entered, unusual behavior of store clerk, etc.) Optional Elements Store Information - Tobacco behind the counter = f - Tobacco in locked case - Tobacco on open shelves (self service) - Single cigarettes for sale - Warning signs posted ' - Vending machine purchase' #' ,p • #a. trr - 3 �` a,��' 'Ca � .� i:>y 1 T .:` ,�.�...-. ��.:.��s: ;, � :'�,�t;m7,.;. a'1 � ''� r.'ti 1 c . L..,i;� .:_ _ - - Y u`::il � ..r b i1 J M :j f 1 �.t t• - _ i J 'J •.g3 Tobacco Compliance Check Current information: Name of Business Address City State Zip County Owner's Name Specify ALL changes below: Business Name Change Address Change ,e W City State Zip County Owner's Name Change Date: Time: a.m. p.m. . O First Visit O Repeat Visit Sale Completed? ❑ Yes. No Inspection Status - if unable to complete compliance check: i F13 Does Not Sell Tobacco O Business Closed ❑ Out of Business ❑ Unsatisfactory Conditions Type of Outlet. O Gen Merch O SW Grocery ❑ Conven ❑ Conv/Gas 0 Gas ❑ Drug 0 TobaccoO Ofcer/Adult 1D: Officer/Adult Witnessed Sale?: Ofcer's/Adult's Signature ❑ Yes O No Comments Instructions Retailer information: A// information (Business Name. Street Address, City Statc. Zip Codc. County. and Owner's Name) should be checked for accuracy. If any of the information is inaccurate, provide updated information on upper right side of form. Date of check: Enter the month, day, and year. Time of check: Enter the time of day and circle a.m. or p.m. First or repeat visit: Indicate whether or not this is the first or a repeat visit in the given calendar year. Sale completed? Complete immediately after the Minor leaves the business establishment. Check Yes if tobacco was purchased. Check No if sale was denied. _ If compliance check not completed: Please fill in only one reason. _ Does not sell Tobacco - Business does not sell tobacco products. Business Closed - Check was outside of the business regular hours Out of Business - Business has permanently closed. Unsatisfactory Conditions - The Officer/Adult or Minor determined that the business should not be entered at the time, Provide a written description of situation (e.g. questionable or unsafe conditions, and minor.knew; someone in the store) in the Continent section at the bottom of this form. Type of outlet: Please fill in only one classification. GenMerch - General Merchandise includes SM/Grocery - Supermarket/ Grocery , discount store Conv/Gas -_-Convemence Stores/ &Sta on -. Conv - Convenience Store Drug - Drug Store Gas - Gas Station Other - This includes: restaurant, bowling alley. t Tobacco - Tobacco Store > hotel/motel,;stand alone barf long a , Conv - Convenience Store bait/tackle shop, and liquor store. Minor ID/ Initials: This ID is assigned by the responsible local agency. -Some agencies may -use initials Minor gender: Circle the gender of the minor..1 Minor's age: Circle the minor's age.. Product type: Check only one box for Cigarettes or Smokeless Tobacco. Age asked? Indicate whether or not the clerk asked for the minor's age. ID asked? Indicate whether or not the clerk requested ID from the minor. Clerk gender: Check the gender of the clerk. Officer/Adult ID: This ID is assigned by the responsible local agency. Officer/Adult witnessed sale to minor?: Fill in the appropriate response. Officer/Adult signature: This is the signature of the officer or responsible adult. Comments: Please print legibly. Comments should include applicable information only (e.g. description of why establishment not entered, unusual behavior of store clerk, etc.) Compliance Check Summary Sheet Retail name/ address ci , state,"zi Inspection date Tobacco Sold? Page 40 Chapter 5 Beyond The Minimum: Additional Options for Reducing Youth Access to Tobacco CHAPTER HIGHLIGHTS Other options for reducing youth access include... • Banning self-service tobacco • Banning vending machines • Requiring sellers to be of age • Offering incentives to pass compliance checks • Limiting the number of tobacco licenses • Limiting new tobacco licenses within a certain distance of schools • Increasing administrative penalties The new state law provides minimum standards for cities, townships and counties to begin reducing illegal tobacco sales to youth: =Many Minnesota communities have already adopted more :comprehensive >_ ►tns' ordinances with provisions that are more effective in significantly reducing`: youth access to tobacco. ..: The following options are additional measures that communities can choose to adopt: 1. A complete ban on self-service of tobacco. Banning self-service tobacco displays is one of the most effective `=fi measures a community can take to keep tobacco away from kids.Self-service"' displays allow underage customers to help themselves to tobacco products and present them to a store employee for purchase. In addition to reducing theft of cigarettes by minors, this provision deters youth from attempting to purchase tobacco, because asking for the product may increase the likelihood that the clerk will ask for identification. Until the FDA regulations take effect, the new state law only bans self- service of single packages of tobacco, requiring individual packs of cigarettes or canisters of chewing tobacco to be kept out of the reach of customers. Page 41 Multi -packs and cartons are still accessible without the intervention of a store employee. Further, the state law excludes cigars and other forms of tobacco, such as pipe tobacco, from the self-service ban. Cities, townships and counties may adopt ordinances that include these other forms of tobacco in partial or full self-service bans. ` Several Minnesota cities, including Fergus Falls, St. Louis Park, Prior . Lake, Montevideo, Golden Valley, Hermantown and Hibbing, have passed ordinances that ban all self-service tobacco products. Other communities may choose to pass a similar ordinance. Z A complete ban on vending machines. The state law bans vending machines except in facilities` that cannot�` entered by minors. Vending machines `are a major source of tobacco for underage buyers. Compliance .checks conducted in establishments where minors are not allowed find that not only can they enter, but can successfully purchase tobacco regularly. 3. Require sellers to be above the legal age (18) to sell tobacco. The new state law does not address age of seller requirements... Sever -'Al Minnesota communities, including Savage, Chanhassen, Eden Prairie, and Prior Lake, prohibit youth under the age of 18 from selling tobacco products. The rationale is that if minors cannot purchase or possess tobacco, they also should not sell tobacco. It also eliminates the peer pressure that is associated ` with youth selling tobacco to other youth. Research shows it is easier for teens to purchase from other teens. This provision does not in any way prohibit youth under 18 from working in grocery stores, convenience stores, or other establishments that sell tobacco. It only prohibits them from making tobacco sales in the establishment. Page i? 1 4. Offering incentives to pass compliance checks. Several communities have explored ways to provide incentives to stores to successfully pass compliance checks. Options include: • Potential to win - . as - One compliance check project got a major airline to donate a free airline ticket to the project. Each of the retail establishments that did not sell tobacco to a minor in a compliance check were entered into a drawing to win the ticket. • Lower license fees - Cities have considered offering tiers of licensing fees that tobacco vendors could choose from. For instance, a vendor who is willing to eliminate all self-service tobacco may be charged a license fee lower than those that do not eliminate self-service displays. This provides an economic incentive to ban the displays. 5. Limiting the number of tobacco licenses. A city, township or county may put a cap on the number of tobacco licenses that they issue to establishments. The fewer licensed tobacco vendors f in a community, the fewer places available for. teens to purchase tobacco. However, there could be substantial challenges to this, and should not be attempted without research. 6. Limiting new tobacco licenses within a proscribed distance of schools. Easy youth access to tobacco undermines the work being done in schools to teach kids that tobacco is bad for them. Cities, townships and counties could send a message of support to these educational efforts by limiting the sale and promotion of tobacco within a reasonable distance of schools. This symbolic ban may make it more difficult for students to buy tobacco before, during, and after school hours. 7. Increasing the administrative penalties. The penalties arrived at by the Legislature were a compromise. These fines are lower than those imposed by most cities that have already adopted 1 ordinances. Licensing authorities could choose to adopt higher penalties. Page 43 Chapter 6 Questions and Answers: Tobacco Licensing and Regulation Q. Who is responsible for implementing and enforcing the youth access to . tobacco law? A. Cities and townships have the authority to enact a tobacco ordinance, but when they fail to do so, counties must enact the ordinance. Ultimately, city council members, town board members, and / or county commissioners in conjunction with law enforcement officials and the licensing authority will be responsible for enforcement of the state law. Q. To comply with the new state law, do communities need to amend existing tobacco -related ordinances? , A. If a community currently has a tobacco licensing ordinance, it wi11. need to bring the ordinance up to the level of the state's minimum` =T standards on issues like vending machine sales, self-service sales, and administrative penalties. License fees may also be increased if needed ..IA to cover administrative and enforcement costs. ,{ Q. How will a county know if it needs to enact a tobacco control ordinance? What is the timeline for this? A. Most counties will need to take some action in order to enforce this A state law. To see if a specific county has taken any action, check with the County Attorney's office. Tobacco retailers in the county or _ township will also know if they have had their licensee fee increased, etc. In addition, each city and county that passes an ordinance is required to submit that ordinance to the County Law Library, so they are also a good resource.: Q. Is any information available about how to set an appropriate license fee for tobacco retail outlets? A. There are guidelines available for setting license fees. However, needs will vary according to specific cities and counties. Generally, a license fee should cover the cost for staff time, including the license application process, inspection of licensees, training, communication needs (letters, forms reports, etc.), a budget for tobacco purchases, and printing and mailing costs. Q. When is a retailer subject to double penalties or fines? A. Both administrative and criminal penalties may be imposed for violators of local ordinances and the state law. FDA penalties may be Page 44 imposed in addition to local penalties. However, only authorized agents of the FDA have the authority to seek a penalty for violation of FDA regulations. Q. What is an "unannounced compliance check?" A. In the past, some communities have issued an announcement ("warning") to tobacco outlets that checks will be performed within a certain time period. However, the new state law specifically states that compliance checks are to be "unannounced." This means that no prior; : notice shall be given to retailers about upcoming compliance checks. Prior notice can jeopardize the results of the compliance checks and seriously compromise their usefulness as a monitoring and enforcement tool. Simply because the new state law requires it, tobacco retail outlets already know that at least one compliance check will be performed in their stores annually. Conducting unannounced compliance checks serves to protect the validity of the checks, and ensures that the check accurately represents the frequency of tobacco sales to minors. Q. Who needs to be involved in compliance checks? A. Compliance checks are the responsibility of law enforcement or an employee of the licensing authority. In addition, teen buyers must be recruited and trained, and their parents must grant permission. Q. How does a community find teenagers for their compliance checks? A. According to the state law, youth who assist with compliance checks must be over age 15 and under age 18. It was the intention of the law's authors that teen checkers be 16 to 17. Therefore, high school health classes, churches and youth groups are a good place to recruit teens for compliance checks. Q. What if our town is small, and everybody knows each other? How will we find teens? A. In this case, you can recruit youth from adjacent towns and/or neighboring communities. In areas where there are a number of small towns, it may be helpful to coordinate -an exchange program where communities can share youth checkers. Q. Does prohibition of vending machines include bars? A. It depends. Bars set their policies individually. If a bar has a policy that no one under the age of 18 years may enter the facility, then vending machines are allowed. On the other hand, if the bar does allow people Page 45 under the age of 18 inside the facility (like many bars/ restaurants) then vending machines are banned. Q. What is the relationship between this new law and the current state law regarding criminal penalties for tobacco violations? A. The intent of the new law is to hold accountable parties who are responsible for the illegal sale of tobacco products without having to burden the criminal court system In so doing, the new law also reserves the right of alleged violators to be heard before a designated hearing officer or panel (which could be the city council). Misdemeanor prosecution does remain an additional option for - ordinance enforcement, and criminal prosecution under Minna Stat 609.685 may also take place. Generally, administrative penalties are not considered double jeopardy, and therefore it may be possible to =er, both an administrative fine and criminal prosecution. licensing authorities should obtain legal advice before attempting to pursue both options, realizing that it may not be worth seeking both simultaneously. Q. Can local ordinances go beyond the state law? A. Yes. The state law sets minimum standards. Cities, townships and counties have the right to enact ordinances stronger than the state law. Higher penalties, a full ban on self-service sales, age of seller, etc: are some examples of provisions cities can enact that surpass the law. Q. If I have further questions that aren't addressed in this manual, who should I contact? A. Kent Sulem, League of Minnesota Cities: (612) 281-1245 Jennifer Marsh, Association of Minnesota Counties: (612) 224-3344 Troy Gilchrist, Minnesota Association of Townships: (612) 497-2330 Or see the Resource List at the end of this manual. Page 46 Chapter 7 Other Laws Affecting Tobacco Sales To Children CHAPTER HIGHLIGHTS • Tobacco is now regulated by the FDA • With FDA regulations, the burden of compliance falls on manufacturers, distributors and retailers _., • Waivers to FDA rules are available • The Minnesota Department of Health plans to conduct compliance checks and send the results to the FDA • Failure to meet the federal government's standards can cause reduction in funding for drug and alcohol abuse treatment (Synar Amendment) In addition to state laws, certain federal laws apply to tobacco sales: • The Federal Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. (sect)321, ;.rz regulates much of the activity related to tobacco sales and is the source of authority for the FDA tobacco regulations. The Federal Cigarette Labeling and Advertising Act (FCLAA), 15.. U.S C. . (sect) 1331 et. seq., is the law that imposes the warning label requirementsF , for cigarettes. The Comprehensive Smokeless Tobacco Health Education Act of 1986, (CSTHEA), 15 U.S.0 (sect)4400, etc. seq., provides the federal authority to regulate smokeless tobacco. FDA regulations on tobacco sales and advertising The final FDA Regulations (61 Fed.Reg. 44,395 [19%1), adopted on August 28, 1996, set strict restrictions on cigarette and smokeless tobacco sales and advertising that were to take effect in three stages. However, before they could go into effect, the tobacco industry initiated a lawsuit challenging the FDA's authority to instate their new rules. In April 1997, the District Court in Greensboro, North Carolina, ruled that cigarettes and smokeless tobacco are nicotine delivery devices and the FDA has authority to regulate these products. The judge further ruled that the Page 47 FDA can place restrictions on youth access to tobacco, but not on the marketing of tobacco. Both the FDA and the tobacco industry appealed the ruling, and all but two provisions are stayed during the appeal process. Unlike the state statute, counties, cities and townships are not required to adopt any particular provision(s) of the FDA regulations. If the local ordinance does regulate a topic covered under the FDA regulations, it must - do so in the exact or substantially similar manner, unless a waiver is received. (See 'Waivers' section in this chapter.) Thus, before adopting a local tobacco regulation, a county, city or township needs to review the FDA regulations and determine if any provisions of the proposed local ordinance differ from: the FDA's comparable provision. If there is a difference, and the county, city, or township does not wish to alter its ordinance, then they must obtain a waiver. Primary FDA provisions for local units of government A On February 28,1997, two portions of the new FDA rule went into effect.. • Prohibit `sales to anyone under 18 years of age. • Require photographic identification as proof of age for under 27 years of age. The following provisions were upheld by the district court but are being challenged by the tobacco industry and are not currently in effect: • Ban on free samples and the sale of individual cigarettes or packs of fewer than 20. V • Ban on vending machines and self-service displays, except in establishments where no one under the age of 18 can ever enter. • Coupons for cigarettes and smokeless tobacco redeemable only by adults in a store, not through the mail. Page 48 The foil_ orvi� erovisionc were not „nhplrl by the die trirt Ca„r+� but are being challenapd by the FICA, and are not c»rr ntly in effect • Ban on outdoor advertising within 1,000 feet of schools and publicly owned playgrounds. • Only black -and -white text advertising allowed for most (including point - of -sale) advertising. • Ban on the sale or giveaway of promotional non -tobacco products. • Ban brand -name sponsorship of sporting or entertainment events. Enforcement of FDA regulations When and if the FDA regulations go into effect, compliance will become the responsibility of tobacco manufacturers, distributors, and retailers. Each manufacturer will be res onsible for removing non-com 1 in P g ,P Y itg self-service displays, advertising, labeling, and other non -conforming` items owned by that manufacturer. Retailers also will be responsible for removing non -complying items from their stores, and for verifying the age of customers, refusing sales to anyone under 18, and allowing sales only as a face-to-face =` transaction where there is an actual exchange of the tobacco between the clerk and the customer. Only authorized agents of the FDA have the authority to seek to impose ''"` a penalty for violation of the FDA regulations. Minnesota is one of ten test states in which certain state officials will become commissioned officers for :N the FDA to enforce these regulations. The Minnesota Department of Health (MDH) is the lead agency to coordinate the state efforts to enforce the FDA regulations. The state of Minnesota recently contracted with the FDA to perform compliance checks for the two provisions that are already in effect. These checks will eventually test compliance with all parts of the rule that are upheld in the appeal process. Page 49 The State of Minnesota will conduct approximately 200 unannounced retail compliance checks each month over a period of eight months. Compliance check results will be sent to the FDA, which will issue a warning for the first violation to retailers found selling to adolescents. These retailers will be subject to repeat inspections. The FDA will seek a civil fine of $250 for the second violation and greater fines for subsequent violations. Seizure `of unlawful items, injunctions, restraining orders, additional fines, and possible imprisonment are also potential penalties. Penalties may be imposed upon* ° any person convicted of violating the regulations. Employers can be held liable for the actions of their employees. Local law enforcement officials may continue to enforce local ordinances and are also encouraged to notify the FDA of suspected violations 4-- of the FDA regulations. Such officers, however, cannot directly issue a . -Usl:ss citation for violation of the FDA regulations. Penalties under the FDA regulations may be imposed in addition to any penalty imposed for violation of a local regulation. ., r Waivers to FDA rules available The FDA has made it clear that they want to encourage local units of government to continue to adopt and enforce local regulations that prevent youth access to tobacco. However, under the provisions of the Federal Act authorizing the regulations, any provision of a local regulation p that regulates in a different way any matter covered by the FDA regulation is preempted. Provisions that :are identical or substantially similar to the language contained in the FDA regulations are not preempted, nor are provisions governing issues not directly addressed in the FDA regulations. A waiver process has been established to allow local Page 50 regulations that are more restrictive than the FDA regulations, or for which the local unit of government can demonstrate a compelling need based on unique circumstances. Synar Amendment The Public Health Service Act was recently amended by what is known as the Synar Amendment. It now requires all states that receive federal block grant money for drug and alcohol abuse prevention and treatment to reduce sales of tobacco to youth, or face substantial reduction in the block grant award. The Minnesota Department of Human Services (DHS) is responsible for implementing the Synar Amendment in Minnesota, as the statutory state alcohol and drug abuse authority. Synar requires that the state develops a credible estimate of retailer compliance with the law prohibiting tobacco sales to minors. To accomplish this, DHS conducts unannounced compliance checks on a random, scientific` ' sample of retail tobacco outlets. During these compliance checks, underage minors attempted to purchase tobacco products. The goal of Synar is to have an 80% compliance rate in every state by the year 2000. The 1996 Minnesota rate was 707o. The Synar compliance checks, however, carry no penalty provisions for retailers, and do not affect or replace local compliance checks conducted for the enforcement of state laws or local ordinances. To derive a statewide estimate of to sales to minors in the future, the DHS (or its agent) may simply collect the results of all local compliance checks. Successful implementation of the Synar Amendment is important for several reasons: • It annually provides the state with an objective, credible estimate on the extent to which Minnesota retailers are complying with the state law that prohibits tobacco sales to minors. Page S 1 • It ensures that Minnesota continues to receive full federal funding for substance abuse treatment and prevention services for tens of thousands of Minnesotans. • It facilitates the reduction of both current and future health problems among adolescents by supporting measures to prevent the use of tobacco by young people and discouraging tobacco sales to minors.,,-:. {�7 .A:.3 Nh•S'S.1 RQ': ,,-- Tom : ay �j�F' -�'.?.. .1 Ira, .ii Sr'�'SXCj .i x^R'` �•C ��. t �V�� i' ofµ- .� �'..F�. •,�fJ �.t,l�.I :d �.,. ; x..i✓i.� ♦.:'it.' ,..'y 's .. ;f-�Rx,*!M :��!';*�.-:G3 Y y?,.', �, •k�. r,� ..�i.. .. .,'-�� ,°:��)Y 'r1�.�4'..'�, ��,r,.: is ��;� i f 1 � Reducing Youth Access to Tobacco: A Nationwide Effort Recently, two major national efforts were undertaken to reduce youth access on a nationwide basis. In 1992. section 1926 of the Public Health Service Act, (known as the Synar Amendment), which prohibits the sale or distribution of tobacco products to minors became effective. More recently, the Food and Drug Administration (FDA) released new regulations to further reduce adolescent access to tobacco. The FDA rule will also significantly decrease the amount of positive imagery that makes these products so appealing to youth. Neither of the national efforts restricts the use of tobacco products by adults. Key Synar Regulations The regulations renuire each state to: a Specific Requirement Effective Date' Have in effect a law prohibiting any In effect since manufacturer, retailer, or distributor of : - 1992 - tobacco products from selling or distributing such products to any individual under the age ' of 18. Enforce such laws in a manner that can - In effect since reasonably be expected to reduce the extent to 1992 ' which tobacco products are available to individuals under the age of 18. Conduct annual random, unannounced In effect since inspections to ensure compliance with the 1992 - law. Develop a strategy and timefiame for assuring In effect since that underage sale rates are less than 20%. 1992 Submit an annual report detailing the State's In effect since activities to enforce their law. 1992 Food and Drug Administration Regulations r Beginning in 1997 each state will take the followine steps according to the specified schedide Specific Regulation Effective Date Prohibit retailers from selling cigarettes or February 28,1997 smokeless tobacco to persons under the age of 18. Require retailers to check photographic IDs of February 28,1997 purchasers 27 and younger for proof of age. Eliminate free samples, the sale of single August 28, 1997* cigarettes, and packages with fewer than 20 cigarettes. Ban self-service displays and vending August 28, 1997* machines except in facilities where only adults are permitted. Ban outdoor tobacco advertising within 1,000 " ' August 28, 1997* ". feet of schools and publicly -owned = - playgrounds. Permit black -and -white text -only advertising August 28, 1997* - � for all other outdoor advertising, including billboards, signs inside and outside of buses, and AU point -of -sale advertising. Prohibit sale or giveaway of products like August 28, 1997* caps or gym bags that carry, cigarette or smokeless tobacco product brand names or logos. Prohibit brand -name sponsorship of sporting August 28, 1998* (including teams and entries) or entertainment events, but permit the use of the corporate --- name only. (*Note: Court action pending, currently BSI in effect.) While action by the U.S. Congress, the FDA, or the courts can change specific requirements or their applicable dates, activities and effective dates are in force as listed unless appropriately changed in the future. For more information about the Synar Amendment contact Cynthia Turnure, Minnesota Department of Human Services (612/2964610) and the FDA regulations contact Paul Martinez, Minnesota Department of Health (612/623-5751). -. 4 ■ 0 i Appendix A: Checklist for Enacting & Implementing Your Tobacco Licensing Ordinance Designate entity or individual who will distribute licensing applications Establish licensing fee [ J Designate entity or individual who will receive licensing application and fees [ ] Establish license application review process (Application review, applicant background check, determination of approval or denial, appeal process) [ ] Develop adminstrative penalty system for retailers (Designate hearing officer and establish penalties) [ ] Develop alternative penalty system for minors. [) Establish administrative hearing process [ ] Establish compliance check process [ ] Give retailers thirty days mailed notice [ ] In drafting ordinance, make sure that it meets state law minimums and FDA requirements [ ] Seek federal waivers as necessary 0 Appendix B: Model Ordinance: League of Cities. I * Model Tobacco Ordinance 1997 Edition Introduction: The attached model ordinance is an attempt to provide counties, cities, and townships (Licensing Authorities) with a comprehensive guide to the legal and enforceable means of controlling and reducing the illegal sale, possession, and use of tobacco, tobacco products, and tobacco related devices, to and by minors. It is based on provisions of ordinances from across the country and on the minimum standards imposed by Minnesota Session Laws 1997, Chapter 227. It also addresses the 1996 FDA tobacco regulations and how they impact on local ordinances. The provisions of this ordinance have either been upheld by the courts, or should be readably defendable. At the end of the ordinance is a list of additional regulations a licensing authority may wish to consider, but these provisions are either untested or are currently being challenged mi the courts. Counties, cities, and townships are advised to use caution before adopting "cutting edge" provisions unless they are prepared for defending the ordinance against a legal challenge. Please note that this is only a model ordinance. While intended to be comprehensive, this ordinance may not contain the full extent of regulations a governmental entity may ultimately impose in controlling the problem of illegal tobacco sales and use. For some entities, however, it amay contain more restrictive measures than they wish to impose. In addition, there are options listed throughout the ordinance that each licensing authority will need to decide how to handle. -'- Each licensing authority should make all necessary changes to meet the needs of that particular community. If, however, a county, city, or township elects to regulate in a different manner any topic regulated by the FDA Tobacco Regulations of 1996, a preemption waiver will need tote filed. Counties, cities, and townships are encouraged to work with their business communities in the development of their tobacco ordinances. Cooperative efforts usually result in better ordinances for the needs of individual communities and the enforcement of those ordinances. After August 1, 1997, any entity wishing to adopt or amend a tobacco ordinance will be required to make a reasonable effort to give tobacco retailers thirty (30) days mailed notice of the proposed tobacco ordinance or amendment. Reminder: Minn. Stat. §415.021 requires that all cities and townships file a copy of all ordinances adopted with the county law library or the law library's designated depository. Copying costs can be requested from the library or depository. League of Minnesota Cities/8/97 Model Tobacco Ordinance 1997 Edition Ordinance # An ordinance relating to the sale, possession, and use of tobacco, tobacco products, and tobacco related devices in the (county, city, or township) and to reduce the illegal sale, possession, and use of such items to and by minors. The (County Board, City Council, Town Board) of Ordains: (Note: Use whatever adoption language is required for your particular branch of government.) Section 100. Purpose. Because the (county, city, township) recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco, products, and tobacco related devices, and such sales, possession, and use are violations of both State and Federal laws; and because studies, which are hereby accepted and adopted, (Note: List the specific studies and reports used, if any) have shown that most smokers begin smokmg before they have reached the age of 18 years and that those persons who reach the age of 1.8 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Stat. § 144.391. Section 200. Definitions and Interpretations. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice -versa. The tenn "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them: Subd. I Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall mean any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; 2 League of Minnesota Cities/8/97 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. ( ote: This definition expands on the statutory definition to be more inclusive. See Minn. Stat. §609.685) Subd. 2 Tobacco Related Devices. "Tobacco related devices" shall mean any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products. r w• - Subd. 3 Self -Service Merrhandisine .z - . "Self -Service Merchandising" shall mean open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. ok: Under the FDA tobacco regulations adopted in 1996, self-service sales are interpreted as being any sale where there is not an actual physical exchange of the tobacco between the clerk and the", , customer). a Subd. 4 Vending Machine. "Vending Machine" shall mean any mechanical, electric or k.. electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco 4_; 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. (Note: At least one jurisdiction has ruled that a device by which, an employee must insert the money in order to operate the machine is not a vending machine for the purpose of this type of ordinance). Subd. 5. Individually packaged. "Individually packaged" shall mean the practice of - u 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 more than a single pack or other container as described in this subdivision shall not be considered individually packaged. Subd. 6 L.00siec. "Loonies" shall mean the common term used to refer to a single or individually packaged cigarette. League of Minnesota Cities/8/97 a� Subd. 7 Minor. "Minor" shall mean any natural person who has not yet reached the age of eighteen (18) years. Subd. 8 Retail Establishment. "Retail Establishment" shall mean 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. Subd. 9 Moveable Place of Business. "Moveable Place of Business" shall refer to 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. Subd. 10 Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or other consideration. Subd. I 1 Compliance Checks. "Compliance Checks" shall mean the system the (county, city, or township) 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 shall involve the use of minors as authorized by this ordinance. Compliance Checks shall also mean the use'of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for"educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco` products, and tobacco related devices. Section 300 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 (county, city, township). Subd.l Ap lication. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the (county, city, township). The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the (list appropriate official) shall forward the application to I (fill in licensing entity or person authorized to grant license) for action at its next regularly scheduled council meeting. If the (designated application recipient) shall determine that an application is incomplete, he or she shall 4 League of Minnesota Cities/8/97 return the application to the applicant with notice of the information necessary to make the application complete. Subd. 2 Action. The (county board, city council, town board, or designated official) 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. (Notes The county, city, or township may want to provide for a background check before the application is forwarded for action. In such a case, the application should be forwarded to the investigating body within a reasonable period of time, and the background check should be completed within ten days. The application and investigation results would then be forwarded to the licensing authority of designated official for action.) If the (designated licensing official or body) shall approve the license, the (designated official) shall issue the license to the applicant. If the (designated licensing official or body) denies the license, notice of the. denial shall be given to the applicant along with notice of the applicant's right to appeal the decision. Subd. 3 Term. All licenses issued under this ordinance shall be valid for one calendar,_` a year from the date of issue. (Note: The county, city, or township may provide that all licenses expire on a specific date.) Subd. 4 Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties section of,this ordinance. Subd. 5 Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of (fill in appropriate body or person). Subd. 6 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 ordinance. Subd. 7 Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. Subd. 8 Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty days but no more than sixty days before the expiration of the current license. League of Minnesota Cities/8/97 (Note: A different timeline may be used.)The issuance of a license issued under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Section 400. Fees. No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. The fee for a license under this ordinance shall be $ . (Note: Minnesota Session Laws 1997, Chapter 227, authorizes a license fee sufficient to cover the cost of issuing the license and the anticipated expenses costs of enforcing the ordinance. Fees may also be set in a fee schedule which is then adopted by reference in this Section. Further, some licensing authorities across the country have started using a variable rate fee system under which the amount of the fee charged depends on the type of sales to be allowed. In addition, some cities have offered discounts to retailers who agree to comply with special provisions such as providing training to their clerks. This exact type of fee system has not been tested in Minnesota Courts, but should be defensible if structured properly.) Section 500. Basis for Denial of License. The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the -,. (county, city, or township) must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section: (Note: The following is not an exclusive nor exhaustive list, but it does} represent the most common and defendable grounds for denial of the license. A licensing authority cannot act arbitrarily or capriciously when deciding whether or not to deny a licenser Further, an applicant is entitled to a certain amount of due process before being denied a license.) A. The applicant is under the age of 18 years. B. The applicant has been convicted within the past five years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco or'^ tobacco products, or tobacco related devices. (Note: The five year ban is a common''`''''' number but it could be modified. Bans longer than five years, however, are more risky.) C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding twelve months of the date of application. D. The applicant fails to provide any information required on the application, or provides false or misleading information. E. The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation, from holding such a license. 6 League of Minnesota Cities/8/97 Section 600. Prohibited Sales. It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: A. To any person under the age of eighteen (18) years. B. By means of any type of vending machine, except as may otherwise be provided in Us ordinance. (N=: See Section 700, "Vending Machines".) C. By means of self-service methods whereby the customer does not need to a make a .� verbal or written request to an employee of the licensed premise in order to rcceive the tobacco, tobacco product, or tobacco related device and whereby the there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the_ • licensee or the licensee's employee, and the customer. (Note: See discussion under Section 800, "Self Service".) D. By means of loosies as defined in Section 200 of this ordinance. E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana �r or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and " other substances found naturally in tobacco or added as part of an otherwise lawful manufacturer process. g p (Note: State law will require the disclosure of substances such as arsenic, lead, ammonia, cadmium, and formaldehyde found in or produced by cigarettes It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. Counties, cities, or townships with concerns about "enhanced'j,,n cigarettes should contact the an attorney for additional information.) F. By any other means, to any other person, on in any other manner or form prohibited by Federal, State, or other local law, ordinance provision, or other regulation. Section 700 Vending Machines. (Note: The county, city, or township will need to make choices in this section and may combine parts of different options.) Q2tion # J : It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine. (Note: Because this provision is more restrictive than its comparable FDA regulation, a city seeking an absolute ban on vending machines, which has been upheld by the courts, would need to seek a preemption waiver.) Qption #2.; It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine unless League of Minnesota Cities/8/97 minors are at all times prohibited from entering the licensed establishment. ote: This option mirrors both the State and Federal laws.) Section 800. Self -Service Sales. 1t shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either 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. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply with this Section within _ days (Note: Fill in the blank. The county, city, or township will need to determine a reasonable'' time to allow for rearrangement of store, reconstruction, and/or the purchase of storage units:) following the effective date of this ordinance. (Note: Under State law, the self-service sale of cartons and multi -packs shall be allowed until such time as the FDA regulations take full effect (August 28, 1997 target date pending outcome of a Federal lawsuit) at which time all self-service sales of would be banned. The FDA contains an exemption for stores where minors are, at all times, prohibited from entering. The State law further restricts this exemption to stores that generate ninety (90) percent or more of their revenues from the sale tobacco and tobacco related products. Counties, cities, and townships have the option of adopting the State exemption language or allowing no exceptions. If no exceptions are allowed, an FDA preemption waiver will be required. Further, the State and Federal regulations on self-service sales only apply to' - cigarettes and smokeless tobacco. Local licensing authorities could, therefore, exempt cigars and other forms of tobacco without seeking a waiver.) Section 900. 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 section shall be construed as prohibiting the (county, city, or township) from also subjecting the clerk to whatever penalties are appropriate under this Ordinance, State or Federal law, or other applicable law or regulation. Section 1000. Compliance Checks and Inspections. All licensed premises shall be open to inspection by the (local law enforcement) or other authorized (county, city, or township) official during regular business hours. From time to time, but at least once per year, the (county, city, or township) shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related 8 League of Minnesota Cities/8/97 devices. Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other designated (county, city, or township) personnel. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products, or tobacco related devices when such items " am obtained or attempted to be obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age . J asked by the licensee or his or her employee and shall produce any identification, if any exists,_ for which he or she is asked. Nothing in this Section shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the :.. enforcement of a particular State or Federal law. (Note: State law now mandates at least one_ ' . + unannounced compliance check per year for each licensed establishment.) Section 1100. Other Illegal.Acts. Unless otherwise provided, the following acts shall be a A. violation of this ordinance. Js Subd. 1 Illegal Sales. It shall be a violation of this ordinance for any person to sell or a otherwise provide any tobacco, tobacco product, or tobacco related device.to any minor -x Subd. 2 Illegal Possession. It shall be a violation of this ordinance for any minor to have;' in his or her possession any tobacco, tobacco product, or tobacco related device. This,., subdivision shall not apply to minors lawfully involved in a compliance check. ,l Subd. 3 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 -, Subd. 4 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, and 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 further be a violation for any person 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. suna. 3 use of t;alse identification. It shall be a violation of this ordinance for any minor to attempt to disguise his or her 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 tampered with to represent an age older than the actual age of the person. 9 League of Minnesota Cities/8/97 Section 1200 Violations. ote: This Section attempts to implement the administrative penalty provisions now required by State law.) ,a Subd. 1 Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation.`' Subd. 2 Hearings, If a person accused of violating this ordinance so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. Subd. 3 Hearing Officer. (Note: Fill in the blank) shall serve as the heating officer. (Note: The county board, city council, town board, or an independent hearing officer or hearing panel can be appointed.) Subd. 4 Decision. If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officers reasons for finding a violation 'and the penalty to be imposed under Section 1300 of this ordinance, shall be recorded in'writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. Subd. 5 Appeals. Appeals of any decision made by the hearing officer shall be 'filed in the district court for the jurisdiction of the (county, city, or township) in which the' alleged violation occurred. Subd. 6 Misdemeanor Prosecution. Nothing in this Section shall prohibit the (county, city, or township) from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. If the (county, city, or township) elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. (Note: It is clear that the intent of the State law is to impose an administrative remedy for violations. However, nothing in the law appears to prohibit misdemeanor prosecutions as generally authorized for ordinance violations if the county, city, or township believes a particular situation warrants prosecution. Further, administrative penalties are generally not considered criminal punishment for the purpose of double jeopardy. Therefore, it would be possible' to prosecute an ordinance as a misdemeanor while simultaneously imposing the administrative penalties. Each entity, however, will need to determine whether or not it is comfortable seeking two types of penalties. If both penalties are to be imposed, the last sentence of the subdivision text needs to be removed. In addition, prosecution solely under State law remains an option.) 10 League of Minnesota Cities/8/97 Subd. 7 Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Section 1300 Penalties. ote: The amounts set forth below are the State minimums. Counties, cities, or townships may impose higher fines, etc., although reasonableness must still be the standard. In addition, some entities prefer to adopt a fine schedule which could be referenced here instead of listing each fine.) Subd. 1 Licensees. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine of $75 for a first violation of this ordinance; $200 for a second offense at the same licensed premises within a twenty-four month period; and $250 for a third or subsequent offense at the same location within a twenty-four month period. In addition, after the third offense, the license shall be suspended for not less than seven days. Subd. 2 Other Individuals. Other individuals, other than minors regulated by subdivision 3 of this Subsection, found to be in violation of this ordinance shall be charged an administrative fee of $50. ote: The State law imposes this administrative penalty on anybody other than the licensee who sells tobacco to minors. The law is silent on,,.: imposing administrative penalties to those who provide but do not sell tobacco to minors. Counties, cities, and townships, however, could impose an administrative penalty as provided in this subdivision.) Subd. 3 Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be _ . (Note: The state Iaw requires the licensing authority to consult with interested parties of the courts, educators, parents, and children, to develop an appropriate penalty for minors in that particular community. The penalty does not have to be in the form of a fine. It could include tobacco related education classes, diversion programs, community services, or other penalty the city believes will be appropriate and effective.) Subd. 4 Misdemeanor. Nothing in this Section shall prohibit the (county, city, or township) from seeking prosecution as a misdcmcanor for any violation of this ordinance. ($gg Note in Section 1200, subd. 6.) Section 1400. Exceptions and Defenses. Nothing in this ordinance shall prevent the providing of tobacco, tobacco products, or tobacco related devices 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. League of Minnesota Cities/8/97 t Y t MGM 1�1 '..a �' i � � i. �,i".,.�;..a# :a._. / l .•�.}:-�.Z = .li+M .,V .�. .. ..A..,4n.. t./ ~�/rF -,1. : .. .. ... �. + ��.Fd ; Ham~ � • y. . � }� �3:� ��.,� � �t Z.S+t1 :�.",y J ? +y 9 ���'FL 1 vit��Y i�'�S.IA t:i xt .rd i s� A , Lt�. ... �e. > �. .4°I�i•!a�)..J :� K�c.:`4 � S-`rt- J .'«< �didi a°- . �. .. .. IG: .J .n11-.� .J-.wdre� .. ,..� T�+«J. .., • •).Y.F�.?> ',��G�r�`Fea )' 4=�.1J r: ����� 2f . t.. .::Y' id. �� !!�.« Elk '4 t r 1� '� � ..-t_,�i.. u/: m 34 I'j3 ,- Y�' iAL F iw..d� `. .'Y ..�... - , � 1• 1 ,.iad t .-t: i. .. .: f, .. .. . `-S-rr'. .� ,_. RIO .it ,`ir, :x:���l`1 .> Other Ordinance Provisions and Approaches The following provisions are additional approaches to curb youth access to tobacco, tobacco products, and tobacco related devices. These provisions, however, tend to be less effective, riskier, or simply not within the scope of regulation many counties, cities, or townships wish to impose. Point -of -Sale Advertising. Point -of -sale advertising restrictions seek to eliminate the use of advertising methods such as clocks, colorful banners, grocery check-out lane dividers, etc. These forms of advertisements frequently use characters or symbols found to be highly recognizable and attractive to minors. The City of Preston, Minnesota was the first city to adopt an ordinance which sought to limit or prohibit most forms of advertising at the point of sale except for limited black and white, text/numeric only "tombstone" signs. This ordinance was struck down by the courts, with an emphasis being placed on the fact that the ordinance was not content neutral. While a less restrictive ordinance might be upheld, any ordinance of this type is highly subject to challenge. Point -of -sale advertising restrictions are contained in the FDA tobacco regulations scheduled to take effect August 28, 1997 if they are ultimately upheld by the Courts. , Billboards. Related to point -of -sale advertising bans, some local governments have sought to prohibit the use of billboards for advertising tobacco, tobacco products, and tobacco related devices. The City of Baltimore, Maryland has a comprehensive ordinance restricting tobacco related billboards that was ultimately upheld by the courts following several legal challenges. While no Minnesota city has yet adopted such a ban, several cities have adopted zoning regulations restricting all billboards in the city limits. This comprehensive zoning approach has generally been upheld by the courts. If upheld, the FDA tobacco regulations will regulate tobacco billboards. Free Distribution Prohibition. Most fonns of free distribution of tobacco and tobacco products are prohibited by State law, and few licensing authorities have had a problem with this issue and thus have not regulated it. One problem that still arises is the use of promotional activities where a person can trade in coupons, proofs -of -purchase, etc. for free samples. Such activities will be restricted by the FDA tobacco regulations. Tracking this form of violation, however, is difficult and it is not totally clear which laws would apply to this situation. - Use of Gifts. In addition to the free distribution of tobacco and tobacco products, some licensing authorities would like to regulate other free promotional activities. The idea of restricting free gifts is to eliminate the enticement of young people through flashy give away items such as leather jackets with brand names, etc. Even small items like lighters and frisbees 13 League of Minnesota Cities/8/97 can be viewed as enticements to use a particular brand and at least indirectly encouraging minors to attempt to illegally obtain tobacco or tobacco products. Again, however, regulating such promotional schemes raise constitutional challenges that would need to be overcome and thus such restrictions are highly subject to costly litigation. The FDA tobacco regulations greatly` restrict the use of such items. A Require Training Workshops. A few local governments have imposed requirements that all licensees and their employees attend workshops on the problem of youth smoking, when to require identification, how to recognize false identifications, and general procedures for conducting sales and dealing with problems that may arise. These training opportunities are limited but increasing in popularity. Before a licensing authority decides to impose this requirement, it needs to find a program it is satisfied with that will meet the training requirements and achieve the results desired. Restrict the Age of Clerks. At least two Minnesota cities prohibit anyone under the age of eighteen from selling tobacco, tobacco products, and tobacco related devices. Under this type of ordinance provision, a 16 or 17 year old clerk would need to request that a clerk who has reached the age of at least 18 years assist a customer seeking to a restricted item. While there is no express statutory authority for this type of restriction, it is more likely to present logistical and not legal problems. Restrictions of this nature are generally based on the similar language used by y statute for the sale of alcoholic beverages. Before adopting this type of restriction, a licensing authority should consider the potential impact on the job market for minors, as well as employee availability for merchants. Restrict Location of Sales. This approach is very common for liquor sales, adult uses, and other types of activities considered harmful to minors, and it should be equally defendable for tobacco licensing. Through a combination of the licensing and zoning ordinances, the licensing authority can make it illegal to sell tobacco, tobacco products, and tobacco related devices within certain districts and within certain setback distances from other uses. For example, the licensing authority could prohibit sales within 500 feet of schools, churches, residential areas, and other common areas frequented by minors. Signage. Licensees could be required to post signs indicating that it is illegal to sell tobacco, tobacco products, and tobacco related devices to anyone under the age of 18 years, and that the possession and use of such items by minors is also illegal under both State law and the local ordinance. Such signs give notice to the minors and serve as reminders to clerks to check identifications when there is any doubt about a person being of legal age. Before adopting this requirement, a licensing authority should determine the type of signs it would want, and perhaps consider providing them as a part of issuing the license (the cost could be incorporated into the license fee or billed separately). 14 League of Minnesota Cities/8/97 Sponsorship of events at public locations. Some local governments have adopted policies prohibiting tobacco companies, from advertising at public parks, etc. and any private group using the public facility must agree not to allow tobacco based sponsors to advertise by means of car painting, placards, billboards, clothing ,etc. There are some potential constitutional challenges to this type of restriction based on equal protection and free speech, but if done correctly, this regulation has worked and should be defensible. The FDA tobacco regulations greatly restrict' sponsorship activities. qtr `a .. � ..'i. T .G. II Y•i �. f' * urn,, T'�i �� r�i .... Q' ...! . _. ..` A �' .. i . is League of Minnesota Cities/8/97 Appendix. D: Laws & Statutes Youth Access to Tobacco Legislation Chapter 227 An act relating to commerce; requiring local units of government to license the retail sale of tobacco; providing for mandatory penalties against license holders for sales to minors: requiring compliance checks; restricting self-service sales; requiring disclosure of specified substances in tobacco products; prescribing penalties; amending Minnesota Statutes 1996, sections 171.171: 260.195, subdivisions 3 and 3a; and 461.12; proposing coding for new law in Minnesota Statutes. chapter 461; repealing Minnesota Statutes 1996, section 325E.075. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1996, section 171.171, is amended to read: 171.171 [SUSPENSION; ILLEGAL PURCHASE OF ALCOHOLIC BEVERAGES OR TOBACCO PRODUCTS.] The commissioner shall suspend for a period of 90 days the license of a person who: (1) is under the age of 21 years and is convicted of purchasing or attempting to purchase an alcoholic beverage in violation of section 340A.503 if the person used a drivers license, permit or Minnesota identification card to purchase or attempt to purchase the alcoholic beverage: or (2) is convicted under section 171.22, subdivision 1, clause (2). or 340A.503, subdivision 2, clause (3), of lending or knowingly permitting a person under the age of 21 years to use the person's driver's license, permit or Minnesota identification card to purchase or attempt to purchase an alcoholic beverage: a f ;(3), is under the age of 18 years and is found by a court to have committed a petty misdemeanor under section 609.685, subdivision 3, if the person used a driver's license, permit. or Minnesota identification card to purchase or attempt to purchase the tobacco product: or ..,f . (4) is convicted under section 171.22. subdivision 1. clause (2). of lending or knowingly permitting a person under the age of 18 years to use the person's driver's license, permit, or Minnesota identification card to purchase or attempt to purchase a tobacco product. Sec. 2. Minnesota Statutes 1996. section 260.195. subdivision 3, is amended to read: Subd. 3. [DISPOSITIONS.] If the juvenile court finds that a child is a petty offender, the court may: (a) require the child to pay a fine of up to $100: (b) require the child to participate in a community service project; (c) require the child to participate in a drug awareness program; (d) place the child on probation for up to six months; (e) order the child to undergo a chemical dependency evaluation and if warranted by this evaluation, order participation by the child in an outpatient chemical dependency treatment program; (f) order the child to make restitution to the victim; or (g) perform any other activities or participate in any other outpatient treatment programs deemed appropriate by the court. In all cases where the juvenile court finds that a child has purchased or attempted to purchase an alcoholic beverage in violation of section 340A.503, if the child has a driver's license or permit to drive, and if the child used a driver's license, permit or Minnesota identification card to purchase or attempt to purchase the alcoholic beverage, the court shall forward its finding in the case and the child's driver's license or permit to the commissioner of public safety. Upon receipt, the commissioner shall suspend the child's license or permit for a period of 90 days. In all cases where the juvenile court finds that a child has purchased or attempted to purchase tobacco in violation of section 609.685, subdivision 3, if the child has a driver's license r: or permit to drive, and if the child used a driver's license, permit, or Minnesota identification card to purchase or attempt to purchase tobacco, the court shall forward its finding in the case and the 4, child's driver's license or permit to the commissioner of public safety. Upon receipt, the commissioner shall suspend the child's license or permit for a period of 90 days. None of the dispositional alternatives described in clauses (a) to (f) shall be imposed by the court in a manner which would cause an undue hardship upon the child. Sec. 3. Minnesota Statutes 1996, section 260.195, subdivision 3a, is amended to read: Subd. 3a. [ENHANCED DISPOSITIONS.] If the juvenile court finds that a child has committed a second or subsequent juvenile alcohol or controlled substance offense, the court may impose any of the dispositional alternatives described in paragraphs (a) to (c). If the juvenile court finds that a child has committed a second or subsequent juvenile tobacco offense, the court may.impose any of the dispositional alternatives described in paragraphs (a) to (c). .. (a) The court may impose any of the dispositional alternatives described in subdivision 3, clauses (a) to (f). (b) If the adjudicated petty offender has a driver's license or permit, the court may forward the license or permit to the commissioner of public safety. The commissioner shall revoke the petty offender's driver's license or permit until the offender reaches the age of 18 years or for a period of one year, whichever is longer. (c) If the adjudicated petty -offender has a driver's license or permit, the court may suspend the driver's license or permit for a period of up to 90 days, but may allow the offender driving privileges as necessary to travel to and from work. (d) If the adjudicated petty offender does not have a driver's license or permit, the court may prepare an order of denial of driving privileges. The order must provide that the pett} offender will not be granted driving privileges until the offender reaches the age of 18" years or for f a period of one year, whichever is longer. The court shall forward the order to the commissioner of public safety. The commissioner shall deny the offender's eligibility for a driver's license under section 171.04. for the period stated in the court order. Sec. 4. Minnesota Statutes 1996. section 461.12, is amended to read: 461.12 [MUNICIPAL TOBACCO LICENSE.] Subdivision 1. [AUTHORIZATION.] A town board -or the governing body of a home rule charter or statutory city may license and regulate the retail sale tobacco as defined in section 609.685. subdivision 1, and establish a license fee for sales to recover the estimated cost of E enforcing this chapter. The county board may shall license and regulate the sale of tobacco in unorganized territory. of the county and in a town or a home rule charter or statutory city if the town or city does not license and regulate retail tobacco sales. Retail establishments licensed by a town or city to sell tobacco are not required to obtain a second license for the same location under the licensing ordinance of the county. Subd. 2. [ADMINISTRATIVE PENALTIES; LICENSEES.] If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of this chapter, the licensee shall be charged an administrative penalty of $75. An administrative penalty of $200 must be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 must be imposed, and the licensee's authority to sell tobacco at that location must be suspended for not less than seven days. No suspension or penalty may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the licensing authority to conduct the hearing. A decision that a violation has occurred must be in writing. Subd. 3. [ADMINISTRATIVE PENALTY; INDIVIDUALS.] An individual who sells tobacco to a person under the age of 18 years must be charged an administrative penalty of $50. No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the licensing authority to conduct the hearing. A decision that a violation has occurred must be in writing. Subd. 4. [MINORS.] The licensing authority shall consult with interested educators, parents, children, and representatives of the court system to develop alternative penalties for minors who purchase, possess, and consume tobacco. The licensing authority and the interested persons shall consider a variety of options, including, but not limited to, tobacco free education programs, notice to schools, parents, community service, and other court diversion programs. Subd. 5. [COMPLIANCE CHECKS.] A licensing authority shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco is sold to test compliance with section 609.685. Compliance checks must involve minors over the age of 15, but under the age of 18, who, with the prior written consent of a parent or guardian, attempt to purchase tobacco under the direct supervision of a law enforcement officer or an employee of the licensing authority. Subd. 6. [DEFENSE.] It is an affirmative defense to the charge of selling tobacco to a person under the age of 18 years in violation of subdivision 2 or 3 that the licensee or individual making the sale relied in good faith upon proof of age as described in section 340A.503, subdivision 6. Subd. 7. [JUDICIAL REVIEW.] Any person aggrieved by a decision under subdivision 2 or 3 may have the decision reviewed in the district court in the same manner and procedure as provided in section 462.361. Sec. 5. [461.17] [MANUFACTURERS TO REPORT CERTAIN SUBSTANCES TO ASSIST IN ENFORCEMENT OF LOCAL ORDINANCES.] 3 Subdivision 1. [ANNUAL REPORT REQUIRED.] Each manufacturer of tobacco products sold in Minnesota shall provide the commissioner of health with an annual report, either on paper or by electronic means. The report shall be provided in a form and at a time specified by the commissioner, identifying, for each brand of such product. any of the following substances present in detectable levels in the product in its unburned state and if the product is typically burned when consumed, in its burned state: (1) ammonia or any compound of ammonia; (2) arsenic; (3) cadmium; (4) formaldehyde; and (5) lead. The form for annual reports under this section is not a rule for purposes of chapter 14. including section 14.386. Subd. 2. [ASSISTANCE TO LOCAL GOVERNMENTS.] Upon request, the commissioner shall provide a local government unit with a copy of reports filed under this section, to assist in the enforcement of local ordinances. Subd. 3. [PUBLIC DATA.] Reports under this section are public data. Sec. 6. [461.18] [SELF-SERVICE SALES RESTRICTED.] Subdivision 1. [SELF-SERVICE SALES OF SINGLE PACKAGES RESTRICTED.] (a) No person shall offer for sale single packages of cigarettes or smokeless tobacco in open displays which are accessible to the public without the intervention of a store employee. (b) Cartons and other multipack units may be offered and sold through open displays accessible to the public. (c) Paragraph (b) expires on the effective date of subdivision 3. (d) This subdivision shall not -apply to retail stores which derive at least 90 percent of their revenue from tobacco and tobacco -related products and which cannot be entered at any time bypersons younger than 18 years of age. Subd. 2. [VENDING MACHINE SALES PROHIBITED.] No person shall sell tobacco products from vending machines. This subdivision does not apply to vending machines in facilities that cannot be entered at any time by persons younger than 18 years of age. Subd. 3. [FEDERAL REGULATIONS.] Code of Federal Regulations, title 21. part 897.16(c), is incorporated by reference with respect to cartons and other multipack units. Sec. 7. [461.19] [EFFECT ON LOCAL ORDINANCE. NOTICE.] Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more restrictive regulation of tobacco sales. A governing body shall give notice of its intention to consider adoption or substantial amendment of any local ordinance required under section 4 or permitted under this section. The governing body shall take reasonable steps to send notice by mail at least 30 days prior to the meeting to the last known address of each licensee or person required to hold a license under section 4. The notice shall state the time, place, and date of the meeting and the subject matter of the proposed ordinance. Sec.8. [REPEALER.] Minnesota Statutes 1996. section 325E.075, is repealed. a] \y Sec. 9. [EFFECTIVE DATE.) Section 6, subdivision 3, is effective upon the implementation of Code of Federal Regulations, title 21, part 897.16(c). E Minnesota Statutes Related to Restricting Youth Access To Tobacco Products 609.685 SALE OF TOBACCO TO CHILDREN Subdivision 1. Definitions. For the purposes of this section, the following terms shall have the meanings respectively ascribed to them in this section. (a) "Tobacco" means cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweeping of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or other tobacco -related devices. (b) "Tobacco related devices' means cigarette papers or pipes for smoking. Subd. la. Gross misdemeanor. (a) Whoever sells tobacco to a person under the age of 18 years is guilty of a gross misdemeanor. (b) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6. Subd. 2. Misdemeanor. Whoever furnishes tobacco or tobacco -related devices to a person under the age of 18 years is guilty of a misdemeanor. Subd. 3. Petty misdemeanor. Whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to purchase tobacco or tobacco related devices and is under the age of 18 years is guilty of a petty misdemeanor. This subdivision does not apply to a person under the age of 18 years who purchases or attempts to purchase tobacco or tobacco related devices while under the direct supervision of a responsible adult for training, F education, research or enforcement purposes. Subd. 4. Effect on local ordinances. Nothing in subdivision 1 to 3 shall supersede or preclude the continuation or adoption of any local ordinance which provides for more stringent regulation of the subject matter in subdivision 1 to 3. Subd. 5. Exception. Nothwithstanding subdivision 2, an Indian may furnish tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this subdivision, an Indian is a person who is a member of an Indian tribe as defined in section 257.351, subdivision 9. 1 8 History:1963 c 753 art 1 s 609.685;1981 c 218 s 1, 2;1986 c 352 s 4;1989 c 290 art 3 s 33, 34;1992 c 588 s 1;1993 c 224 art 9 s 44, 45;1994 c 636 art 2 s 44 DISTRIBUTION OF TOBACCO PRODUCTS 325F.76 DEFINITIONS. Subdivision 1. Terms. For the purposes of section 325F.76 to 325F.78, the terms defined in this section have the meanings given them. Subd. 2. Chewing tobacco. "Chewing tobacco" means loose tobacco or a flat compressed cake of tobacco that is inserted into the mouth. Subd. 3. Distribute. "Distribute" means to give products to the general public at no cost or at nominal cost for product promotional purposes. Subd. 4. Package. "Package" means a pack, box, or container of any kind= in which a smokeless tobacco product is offered for sale, sold, or otherwise distributed. Subd. 5. Person. "Person" means any individual, partnership, corporation, or other business or legal entity. - Subd. 6. Smokeless tobacco. "Smokeless tobacco" means chewing tobacco or tobacco snuff. Subd. 7. Tobacco snuff. "Tobacco snuff' means a small amount of shredded, powdered or pulverized tobacco that may be inhaled through the nostrils, chewed, or held in the mouth of an individual user. History: 1986 c 352 s 1 325F.77 PROMOTIONAL DISTRIBUTION Subdivision 1. [Repealed, 1987 c 399 s 51 Subd. 2. [Repealed,1987 c 399 s 5] Subd. 3. Legislative intent. Because the state prohibits both the use of tobacco products by minors and the furnishing of tobacco products to minors, and because the enforcement of an age -related restriction on the promotional distribution of tobacco products is impractical and ineffective, it is the intent of the legislature to control the distribution of these products and discourage iI :. illegal activity by prohibiting all promotional distribution, except as allowed in this section. Subd. 4. Prohibition. No person shall distribute smokeless tobacco products or cigarettes, cigars, pipe tobacco, or other tobacco products suitable for smoking, except that single serving samples of tobacco may be distributed in tobacco stores. ' History: 1986 c 352 s 2;1987 c 399 s 3,4 340A.503 PERSONS UNDER 21; ILLEGAL ACTS Subd. 6. Proof of age; defense. (a) Proof of age for purchasing or consuming alcoholic beverages may be established only by one of the following: (1) a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (2) a valid military identification card issued by the United States Department of Defense; or (3) in the case of a foreign national, from a nation other than Canada, by a valid passport. (b) In a prosecution under subdivision 2, clause (1), it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age authorized in paragraph (a) in selling, bartering, furnishing, or giving the alcoholic beverage. History: 1985 c 303 art 7 s 3; 1986 c 330 s 6; 1986 c 444; 1987 c 152 art 1 s 1; 1989 c 301 s 13,14;1990 c 602 art 5 s 24; 1991 c 68 s 1;1991 c 249 s 20;1993 c 347 s 21; 1993 c 350 s 13; 1994 c 615 s 21;1995 c 185 s 7; 1995 c 186 s 67;1996 c 323 s 4; 1996 c 442 s 24 [Note: The above statute is used for proof of age for purchasing both alcoholic beverages and tobacco products. See s609.685 Subd.16.] February 1997 IJ .A. .' i ,. _ .. _ .r A 1. .uf p.e..( M 2 t : �, .�i1J . •'i.' i i;� .. 3.L.:r ^��' ✓�+..7. . wS �'i. (Sf s. .V 7. '• s _�..+..s f}t - .. .. C :. 4 .. wS . ✓:...-Yri.�i. ...f:.{ai.J w � 'iJ'lr _ ,. F, 3`y i. � Minnesota Statute Section 144.391 Legislative statement on public policy about youth smoking The legislature finds that: (1) smoking causes premature death, disability, and chronic disease, including cancer and heart disease, and lung disease; (2) smoking related diseases result in excess medical care costs; and (3) smoking initiation occurs primarily in adolescence. The legislature desires to prevent young people from starting to smoke, to encourage and assist smokers to quit, and to promote clean indoor. air. HIST:1Sp1985 c 14 art 19 s 13 DARLA M. GROSHK Wright County Auditor / Wright County Government Ce. 10 2nd Street NW, Room 230 Buffalo, Minnesota 55313-1195 Phone: (612) 682.7578 FAX: (612) 682-6178 DECEMBER 18, 1997 TO: WRIGHT COUNTY CITIES AND TOWNSHIPS FROM: DARLA M GROSHENS, AUD/TREAS. SUBJECT: TOBACCO ACCESS LAW & LICENSING The Wright County Board of Commissioners has requested that I contact all Wright County municipalities requesting their intent in regards to continue doing their own tobacco licensing and compliance checks or if you wish to direct the county to take over this task for you. Some of you have already notified me of your intent, however, to be consistent I would ask that `s you please complete the following questions, sign and return to me in the enclosed self-addressed envelope so that I may forward this to the task force that will be set up to continue working on getting this issue taken care of and in place in the near firture. Our County Attorney's Office will be drafting an ordinance for the county to follow. Name of Municipality It is our intent that Wright County handle the tobacco licensing for us. Yes No It is our intent that Wright County handle the compliance checks for us. Yes No If you have answered yes to the above questions, please list the names and addresses of the establishments that you have licensed in the last 12 months: Date: Clerk or Admr Equal OpportunitY / Affirmative Action Employer JAITC 13-98 TUE 3:25 PM WRIGHT ATTORNEY FAX NO. 6126827700 P, 1 v �Y 7a1d� Wyman A. Nelson County Attorney Thv,rtas N. Kelly Chief • Criminal Division $rlan J. Asleson chief • Civil Division WRIGHT COUNTY Office of County Attorney Wright County Gouernment Center 10 2nd Street)V W., Room 150 Buffalo, Minnesota 55313-1189 Phone: (612) 682-7340 Poll .Free:1.800-362.3667 Fax: (612) 682-7700 MEMO TO.- Dave Lund - City of Albertville FROM: Brian A81e1Pon DATE: January iS, 1998 RE: Tobacco Licensing Ordinance FAX: 497-3210 i Assistants Anne 4. Mohaapt Thomas C. Zinc Terry Frozier Kathleen A. Mottl Scott M, . Sandberg Mark A. Erickson Victim/ Witnesa Assistance Coordinator Barbara S. Johnson At the County Board meeting this morning, the Commissioners referred the issue of a tobacco licensing ordinance to a Ways and Means Committee hearing scheduled for January 28, 1998 at 1:30 P.M. At that meeting, I will be laying out some options to the commissioners re: what they would like to see in the County's ordinance. if you want to check in with me some time after the 28th, I should have a better idea of where the County is going on this. ,Also, X checked through my file on tobacco licensing and it sounds like you already have many of the materials I have. If you would like to see copies of Ordinances from other municipalities, just let me know. ' BUSINESSES Secs. 22-78-22-100. Reserved. ARTICLE IV. CIGARETTES' Sec. 22-101. Purpose. § 22-102 The city recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products and tobacco related devices, and such sales, possession, and use are violations of state laws; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this article shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in Minn. Stat. 144.391. (Ord. No. 715, § 715.01, 5-5-97) Sec. 22-102. Definitions and interpretations. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice -versa. The term "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them: Tobacco or tobacco products. "Ibbacco" or "tobacco products" shall mean any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco, cheroots; 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. "Zbbacco related devices" shall mean any tobacco product as well as a pipe, rolling papers, or other device used in a manner which enables the chewing, sniffmg, or smoking of tobacco or tobacco products. Self-service merchandising. "Self-service merchandising" shall mean open displays of tobacco, tobacco products, or tobacco related devices in any way where any person shall have 'Editor's note —Ordinance No. 715, §§ 715.01-715.13, adopted May 5, 1997, did not specifically amend the Code. Therefore, such ordinance was treated as replacing §§ 22-111- 22-116 with new §§ 22-101-22-113 at the discretion of the editor. Formerly, such sections pertained to similar provisions and derived from Ord. No. 614, §§ I —VI, 6-2-80. Supp. No. 4 CD22:7 § 22-102 BAYPORT CODE access to the product without the assistance or intervention of an employee of the premise maintaining the self-service merchandising. Self-service merchandising shall not include vending machines. Vending machine. "Vending machine" shall mean 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. Individually packaged. "Individually packaged" shall mean 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 more than a single pack or other container as described in this subdivision shall not be considered individually packages. Loonies. "Loonies" shall mean the common term used to refer to a single or individually packaged cigarette. Minor. "Minor" shall mean any natural person who has not yet reached the age of 18 years. Retail establishment. "Retail establishment" shall mean 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 limited to, grocerystores; convenience stores, and restaurants. Moveable place of business. "Moveable place of business" shall refer to 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. Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or other consideration. Compliance checks. "Compliance checks" shall mean 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 article. Compliance checks may involve the use of minors as authorized by this article. (Ord. No. 715, § 715.02, 5-5-97) Sec. 22-103. 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. (1) 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 name of the business for which the license is Supp. No. 4 CD22:8 BUSINESSES § 22-105 sought, and any additional information the city deems necessary. Upon receipt of a completed application, the city administrator shall forward the application to the council for action at its neat regularly scheduled council meeting. If the city adminis- trator shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. (2) 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 shall approve the license, the city administrator 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. (3) Term. All licenses issued under this article shall be valid for one calendar year running from January 1 through December 31. (4) Revocation or suspension. Any license issued under this article may be revoked or suspended as provided in the violations and penalties section of this article. (5) 1}ansfers. All licenses issued under this article shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the council. (6) 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 article. - (7) Display. All licenses shall be posed and displayed in plain view of the general public on the licensed premise. (8) Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 60 days but no more than 90 days before the expiration of the current license. The issuance of a license issued under this article shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. (Ord. No. 715, § 715.03, 5-5-97) Sec. 22-104. Fees. No license shall be issued under this article until the appropriate license fee shall be paid in full. The annual fee for a license under this article shall be $250.00. (Ord. No. 715, § 715.04, 5-5-97) Sec. 22-105. Basis for denial of license. The following shall be grounds for denying the issuance or renewal of a license under this article; however, except as may otherwise be provided by law, the existence of any particular Supp. No. 4 CD22:9 § 22-105 BAYPORT CODE ground for denial does not mean that the city must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section. A. The applicant is under the age of 18 years. B. The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices. C. 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 application. D. The applicant fails to provide any information required on the application, or provides false or misleading information. E. The applicant fails to provide any information required on the application, or provides false or misleading information. (Ord. No. 715, § 715.05, 5-5-97) Sec. 22-106. Prohibited sales. It shall be a violation of this article for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: A. 1b any person under the age of 18 years. B. By means of any type of vending machine. C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device. D. By means of loosies as defined in section 22-102 of this article. 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. (Ord. No. 715, § 715.06, 5-5-97) Sec. 22-107. Vending machines prohibited. It shall be unlawful for any person licensed under this article to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine. (Ord. No. 715, § 715.07, 5-5-97) Sec. 22-108. Self-service sales. It shall be unlawful for a licensee under this article to, allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by the customer may have access to Supp. No. 4 CD22:10 r v BUSINESSES § 22-111 such items without having to request the item from the licensee or the licensee's employee. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area not accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this article is adopted shall comply with this section within 90 days. (Ord. No. 715, § 715.08, 5-5-97) Sec. 22-109. Responsibility. All licensees under this article shall be responsible for the actions of their employees in regard to their 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 section shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this article. (Ord. No. 715, § 715.09, 5-5-97) Sec. 22-110. Compliance checks and inspections. All licensed premises shall be open to inspection by the city police 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 premise 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 tobacco related devices when such items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the 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 he or she is asked. (Ord. No. 715, § 715.01, 5-5-97) Sec. 22-111. Other illegal acts. Unless otherwise provided, the following acts shall be a violation of this article. (1) Illegal possession. It shall be a violation of this article for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to a person under the age of 18 years who purchases or attempts to purchase tobacco, tobacco products or tobacco related devices while under the direct supervision of a responsible adult for training, education, research or enforcement purposes. (2) Illegal use. It shall be a violation of this article for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. (3) Illegal procurement. It shall be a violation of this article for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this article for any person to purchase or Supp. No. 4 CD22:11 w � K § 22-111 BAYPORT CODE otherwise obtain such items on behalf of a minor. It shall also be violation of this article for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor, and it shall further be a violation for any person 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 a person under the age of 18 years who purchases or attempts to purchase tobacco, tobacco products, or tobacco related devices while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes. (4) Use of false identification. It shall be a violation of this article for any minor to attempt to disguise his or her 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 tampered with to represent an age older than the actual age of the person. (Ord. No. 715, § 715.11, 5-5-97) Sec. 22-112. Violations and penalties. (a) Upon discovery of a suspected violation, the violator shall be issued a citation by the city police and given notice of his or her right to be heard on the accusation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Any person found to be in violation of this ordinance shall be guilty of a misdemeanor and shall be subject to the maximum penalty authorized by state law for a misdemeanor. (b) Any retail license or permit issued or approved under this chapter shall either be suspended for up to sixty days or revoked or a civil fine not exceed $500.00 for each violation imposed upon finding by the city council that the licensee or permit holder has failed to comply with the applicable statutes, rule or ordinance relating to the sale, possession and use of tobacco, tobacco products and tobacco related devices. Any retail license or permit issued or approved under this chapter shall be suspended for a minimum of one year upon finding that within one calendar year, the retail licensee is responsible for four violations which fail to comply with applicable statutes, rule or ordinance related to the sale, possession and use of tobacco, tobacco products and tobacco retail devices. No suspension or revocation shall take affect until the licensee or permit holder has received proper notice and has been afforded an opportunity for a hearing before the city council. This section does not require the city council to conduct a hearing before an employee of the office of administrative hearing. The city council may impose penalties provided in this section on the retail licensee who sells tobacco, tobacco products or tobacco related devices as defined in this article to any persons under the age of 18 years. (Ord. No. 715, § 715.12, 5-5-97) Sec. 22-113. Exceptions and defenses. Nothing in this article shall prevent the providing of tobacco, tobacco products, or tobacco related devices 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 article for a person to have reasonably relied on proof of age as described by state law. / (Ord. No. 715, § 715.13, 5-5-97) l Supp. No. 4 CD22:12 A i CITY OF ALBERTVILLE WRI(M COURTY, !lI�1SS0?A ORDIMMICE MD. 1996-21 AN ORDIM10CE ISHIM A LICENSE AM FEE SCHEDULE FOR CITY SERVICES THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. The purpose of this ordinance is to formally establish the rates (dollar) amounts to be charged for city services not elsewhere determined by ordinance. Section 2. License and Fees are set for the following items by resolution of the City Council. Licenses: Cigarette License f Dog Licences Garbage Hauler License Liquor Licenses On -Sale Off -Sale 3.2 Beer Sewer.License Rentals: City Lions Park Shelter & Ballfield Softball Leagues Softball Tournament (3 day) Service Fees: Copies Fax Fees (Send or Receive) Fence Permits Maps Planning & Zoning Comprehensive Plan 1996 Comprehensive Parks Plan 1997 Standard Detail Plates Zoning Subdivision/Sign Ord. Pop Recylcing Bins Replacement Sign Permit Special Assessment Search is C Section 3. Repealer. This ordinance repeals all previous motions or resolutions, amends ordinances, or provisions therein, containing license and fee rates, and establishes or replaces them as contained herein. Section 4. Effective Date of Ordinance. This Ordinance shall take effect and be in force from and after January 1, 1997, and after its publication according to law. ADOPTED BY THE ALBERTVILLE CITY COUNCIL THIS 16TH DAY OF DECEMBER, 1996_ Michael Po ter, Mayor I V CITY OLD 1,LBERTVILLE RESOLUTION #1996-70 RESOLD=ION ESTABLISHING LICERSE AND FEE ECi�JLE FOR CITY SERVICES WHEREAS, the City Council is desirous of establishing a license and fee schedule for city service; and WHEREAS, the City Council has determined that the license and fee schedule shall be contained herein and in accordance with Ordinance Mo. 1996-21 (An Ordinance establishing a license and fee schudule for city services). NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Wright County, Minnesota, hereby establishes the license and fee schedule as follows: LICENSE AND FEE SCHEDULE Licenses: Cigarette License $50 per year Dog Licences $10 per year Garbage Hauler License $50 per year Liquor Licenses On -Sale $2,400 per year Off -Sale $100 per year 3.2 Beer $10 per day Sewer License $50 per year Rentals: City Lions Park Shelter & Ballfield $100 per day (Resident) ($100 Damage Deposit) $200 per day (Non -Res.) Softball Leagues $50 per team Softball Tournament (3 day) $300 Service Fees: Copies $.25 per page Fax Fees (Send or Receive) $ 3 per page Fence Permits $10 Maps $ 5 each Planning & Zoning Comprehensive Plan 1996 $35 each Comprehensive Parks Plan 1997 $35 each Standard Detail Plates $15 each Zoning Subdivision/Sign Ord. $35 each f Pop $.50 per can Recylcing Bins Replacement $10 each Sign Permit $75 per face Special Assessment Search $10 ADOPTED BY THE CITY COUNCIL OF THE CITY OF ALBERTVILLE THIS 16TH DAY OF DECEMBER, 1996. t: Michael otter, Mayor 0 u Y2/15/1997 12:40 612-497-4908 JOINT POWERS GE 07 4) JOINT POWERS BOARD - 1lanow, FraW or4 St Michael and,9iboPM& e 7 P.O. Box 10 - 11100 - 50th Street N.E. - A1bc rtvWc, MN 55301-0010 - Phone: 612.497.3611 -Fax: 6124974908 December 15, 1997 Linda Houghton City of Albertville Dear Linda Houghton: Attached is a copy of an amendment to the Operating and Authorization Agreement regarding the addition of eminent domain powers. The Board would like to request that the City of Albertville consider approving the amendment and/or consider,...,' condemnnation•of a property in Albertville for the Board. If you have any questions, please contact me weekdays between 8 am and 1 pm. Sincerely, JOINT.POWPRS BOARD (fin Donna M. Kipka Secretary Attachments .- 12/15/1997 12:40 612-497-4908 JOINT POWERS PAGE 08 s AHMMKIM TO AGREEMENT DATED AUGUST 1, 1977 REGARDING MaNENT DOXAIN GAS, the Cities of Albertville, Hanover and St. Kichael and the Township of Frankfort entered into a point Powers Agreement dated August 1, 1977 (hereinafter "Agreement"), pursuant to Minn. stat. section 471.59, for the operation of s utility 5yastGm1 and WHEREAS, the entity established by said Agreement ie known as the Hanover, Frankfort, St. Michael and Albertville Water and sanitary Sewer Board (hereinafter "Board"); and WmMms, the Board desires to amend said Agreement in order to add the power of eminent domain to its powers. NOW, THEREFORE, it is hereby mutually agreed by the Hoard as follows: 1. That Paragraph 1d of the Agreement is haxeby amended by adding Paragraph K to read as followas R. Exercise the right of eminent domain, pursuant to Minnesota Statutes, Chapters 117 and 465. 2. The undersigned, being a 11 the members of the Board, have duly adopted the foregoing. AFFROVED BY: Dated: , 199 . Dated: , 199_ 0 CITY OF ALSERTVILLL Its: kayor sV t--r------ •Ii�.l3. �C::E..r- k CITY OF HANOVER F s : MaJ or ------ Its: Clerk