01/31/1983 CONF - 5227;
CITY 0 FRIDLEY
CONFEREN E MEETING
JANUARY 31, 1983
1, CHAPTER 205 - ZONING CODE
0
2, COMMUNITY DEVELOPMENT BLOCK GRANT PRIORITY LIST
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3, PLANNING COMMISSION AND SUBCOMMISSIONS STRUCTURE
4, DRAM SHOP INSURANCE
5, NEW WATERSHED STATUTES
6, OTHER
�< <,C�A�
NOTE TO CITY COUNCIL: PLEASE BRING THE ZONING CODE SUPPLEMENT
WHICH WAS GIVEN TO YOU FOR THE �ANUARY Z4 MEETING TO THIS MEETING
WI7H YOU. `
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FROM O.P.W.
SUB.IECT
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DIRECTORATE
OF
P�B��c woRKs
Jan
Zoning Code Changes
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MEMO A A N D UM I
TO ACTION 1NF0•
sim Qureshi, City Manager
We're finalizing the zoning code for the 2nd reading of the City Council.
The following summary lists those changes included in the final submission.
1.
2.
3.
4.
5.
6.
1.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Certificate of Compliance requirement for all legal non-conforming
and conforming uses.
Limiting accessory buildings in R zones to 1400 square feet.
Single story dwellings in R-1 shall have a basement.
Lots of 9,000 square feet or larger require a two car garage and
lots between 8,999 and 7,50Q square feet sha11 have a one car garage
in R-1 zones.
No parking in the front yard has been changed to: The required parking
stall shall not be located in any portion of the required front yard,
exce t on a drivewa of hardsurface arkin s ace a roved b the Cit
and setback a minimum of three 3 feet from the side property line
except as a�reed to by ad,Lacent pro ert owners.
No plantings shall be placed in the bou evard" has been deleted.
"Helicopter landing pad for hospitals" has been deleted form R zones.
The following item has been included in the design standards in all
zones except R1, R2, and R4. Sufficient concrete area shall be ro-
vided for motorc cle arkin in addition to t e re uired vehicle
parking sta l.
i n tn
strict the following design standard has been added: Bike
required in an area that is convenient to each major build-
and will not disruot oedestrian or vehicular traffic or
� � � c I fI1IG.7 �
Performance standards apply to all zoning districts and require com-
pliance regardless of use status.
Consolidation of C-1S and C-1 into one district - Cl.
Redesignating C-2S to C3.
Expansion of Junk Yard Special Use Permit criteria in an M-1 zone.
Provlsion for offices in the industrial zones.
Exclusion of hazardous waste processing facilities in the industrial
zones.
Elimination of CR2 zone. This existing area will be absorbed in the
C2 and M1 districts.
I � �' �
0
,
Zoning Code Changes (continued)
lA
17. The parking criteria in the C zones has been standardized to 1 parking
stall for each 150 square feet of building for all uses, except for
restaurants, theaters, entertainment and assembly buildings shall
require 1 parking space for each 100 square feet.
18. The parking criteria in the M zones has beert standardized to 1 parking
stall for each 200 square feet for offices, i for 400 in manufacturing,
1 for 2000 in warehouses and 1 for 450 for speculation type buildings.
(This change is necessary to ensure sufficient parking space is provided
for speculation and lease change purposes.)
19. The following item has been added to the Performance Standards in all
districts.
E. The cleaning of the walkway or sidewslk shall be the abuttinq
ro ert owners res onsibilit . An ice or snow accumulations
of two 2 or more inches shall be removed within twenty-four (24)
hours of the storm com�letion.
These items will be included and submitted to the City Council for 2nd reading
at their January 24, 1983 meeting.
JGF/mc
cc: Kent Hill
Jerry Boardman
Darrel C1ark
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e
FY 1982 Funds ($111,322)
FY 1983 Funds ($176,314)
Projects Removed by Commission
CITY OF FRIOLEY
JANUARY 24, 1983
CDSG PROJECTS
... Acquisition/Relocation
Center City Project
... Rehabilitation - Nandicap
Retrofit Weatherization
... Alexandra House Funds
... Traffic Study Moore Lake
... Drainage Study North Area
... Public Facilities Barrier
Removal
... Human Services/Public
Funding Requests .
... Senior Housing Rollover
Study
... Low Interest Loans for
Barrier Removal -
Prioritized Groupings
... Low Interest Loans for
Commercial Rehab. -
Redevelopment Areas
... Economic Development Study
Phase III Center City
Market Analysis
RESERVE FUNDS
... Low Interest Loans for Rental
Rehab./Leverage Funds With
Metro HRA/MnHFA
... Rehab.-Nandicap Retrofit
$30,000
71,322
10,000
$111 ,322
$ 7,000
7,000
15,000
17,631
7 ,000
� 40,000
40,000
15,000
27,683
$176 ,314
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►
MEMORANDUM
OP FRiOLEY
��431 UNIVEQSITY AVE. NE.
FRlL�LEY. MN. 86d38 (612� 871-3q50
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MEMO T0:
FROM :
SUBJECT:
THE HONORABLE MAYOR AND CITY COUNCIL
CITY MANAGER
REVIEW OF COMMISSION STRUCTURE
OFFICE: OF TME GITY MANAGEt�
NASiM M. t�lUFiESHI
December 23, 1982
In April of each year terms of some members of each of i:he six commissions
presently reporting to the Planning Corrunission expire. Generally, the Council
begins to consider candidates for appointment to the var•ious commissions at
the beginning of the calendar year. At this time, then:, it is important to
consider any possible changes in over-all corronission str�ucture before proceed-
ing with appointments.
A review of commission structure and process by City sta,ff indicates that the
present arrangement is working reasonably well. For the� most part, attendance
at commission meetings has been good, and the commissior�s have assisted the
Council in the development of policy.
In at least one case, however, success has created a prcblem. Both the Energy
Commission and the Environmental Quality Commission have� completed significant
projects with the result that there is considerable over�lap in what remains to
be done. The members of both commissions continue to be strongly interested,
and the objectives of the two commissions are quite compatible. Accordingly,
it would seem best to combine the comnissions into one Environmental-Energy
Commission. Interested present members would continue to serve on the combined
commission. No new appointments would be made to the combined commission until
attrition brought the membership below five persons. City staff resources,
both secretarial and professional, could be used more efficiently since they
would be responsible for only one commiss.ion instead of two.
The Community Development Commission is another matter. Since completing its
work on zoning, it seems that some of the commission members have become
discouraged. From June through November the.commission did not function for
lack of a quorum at its meetings. Much of the work addressed by the Community
Development Commission duplicates the tasks before the Planning Commission as
a whole and the work of the Housing and Redevelopment Authority. It might be
possible that the Community Development could be e1iminated as a standing
coromission.
The option of creating taskforces and project corr�nittees for special needs
would remain open to the Council and remaining commissions. Hopefully, some
of the citizens who otherwise would have served on commissions would volun-
teer for service on these taskforces.
If you feel these thoughts should be pursued further, then the City staff
will come back with a more formal proposal and recommendations for amendments
to the pertinent ordinance.
NMQ/ms
+--, - .. .
,
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HUP1t�iJ RESOURCES COP11`1I SS I OP�
���ORKPLAPJ 1932
COMMISSIONERS:
CITY STAFF:
Mary van Dan, Chairperson Mary Cayan
Brian Goodspeed, Vice Chairman
Peter Treuenfels
Jayne Noble
Lynne Boergerhoff
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1 (
QIERGY Ca`'MISSION
� � �� � .;I
COMr4ISSI0NERS:
Dean Saba, Chairperson
Jerry Cichosi, Vice Chairman
Don Wall
Giles McConville
William Wharton
' -20-
�
0
CITY STAFF•
Bill Deblon
0
�:: i f
ENERGY COh�fISSION
In September of 1978, the Fridley Energy Project Committee was created for
the purpose of providing recommendations to the Planning Comnission for the
establishment of City energy conservation policies. In July of 1979, the
Energy Project Cortmittee completed its ener
to the Planning Carmission. The draft wes ay policy draft and submitted it
sion and was adopted as "Energy C�ission Guidelinesy byetheaF�idley City
Council. These guidelines initiated an energy'awareness and conservation
program in the City of Fridley. They declared the establishment of a per-
manent Energy Comnission and set forth guidelines for the Commission to
promote energy awareness and conservation.
Chapter 6 of the Fridley City Code has since been amended to include the
Energy Commission as an official City Comnission. The purpose of the Com-
mission as defined in Section 6.161 is "...to stimulate interest in and to
Promote an awareness of energy concerns among citizens and businesses of
the City of Fridley; to serve as a resource to the-City in the conservation
and management of energy and energy resources, and to advise the City Coun-
cil, the City Manager and other appropriate City Commissions on matters
pertaining to the conservation and management of energy, including the
review and recomnendation of programs and policies within the City."
The scope of the Corrmission as set forth in Section 6 is as follows:
6.162 Scope
The Energy Carrnission shall act as an Advisory Commission to
the Planning Commission for continuous community p anning and
development of the comprehensive City Goals and Policies. Any
change in related canmunity planning and comprehensive City
Goals and Policies must be reviewed by the Planning Comnission
who will then make recommendations to the City Council,
The Energy Commission shall advise the City Council, after
policy review by the Planning commission, in the development
of programs to give increased effectiveness and direction in
�mplementing established City Goals, Policies and framework
and recommend actions as needed relevant to the conservation
and management of e�ergy resources.
Since its legislative creation in November of 1979, the Energy Comrnission
has had many accomplishments. They cosponsored Fridley's first energy fair,
revised the city's zoning code for solar access and other energy consider-
ation, sponsored the showing of the "Forgotten Fundamentals of the Energy
Crisis" on Cable TV and at the Anoka County Library, and promoted the cir-
culation of NSP's "Energy Saving Handbook For Home Owners".
To order to gain further
ities for which they have
ed a workplan to organize
action program for 1982,
accomplishments
been created,
their efforts.
The plan is as
-21-
and better fulfill the responsibil-
the Energy Cor.mission has establish-
This workplan wi11 serve as their
follows:
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ENIf;Of�'QtTAL (�JqLITy C�t1ISSI0iJ
1' /' •�;I
,
COMMISSIONERS.
Richard Svanda, Chairman
Jon Erickson, Vice Chairman
Maynard Nielson
Bruce Peterson
Marcia Schaaf
-20-
.�
,
CITY STAFF:
Bill Deblon
ENVIRONMENTAL QUALITY COMMISSION
The Environmental Quality Commission was established in May of 1973. Its
purpose as set forth in Seciton 6 of City Code is "...to stimulate interest
in, and to promote an awareness of, environmental concerns among citizens
of the City of Fridley; to serve as resource agency to the City on matters
regarding the environment, including information on environmental problems,
laws, policies and regulations of the county, metropolitan, state and fed-
eral levels to the extent of their effect on Fridley; and to advi5e the
City Council, the City Manager and other appropriate City commissions on
matters pertaining to the maintenance or improvement of the environment,
including the review and recommendation of programs and policies within the
c; ty. ��
The scope of the Commission as set forth in Section 6 is as follows:
6.122 Scope
7he Environmental Quality Commission shall act as an advisory
commission to the Planning Comnission for continuous comnunity
planning and development of the comprehensive city goals and
policies. Any change in related community planning and com-
prehensive city goals and policies must be reviewed by the
Planning Comnission who will then make recommendations to the
City Council.
The Environmental Quality Commission shall advise the City
Council, after a policy review by the Planning Corrmission,
in the development of programs to give increased effective-
ness and direction in implementing established City goals,
policies and framework and recorrmend actions as needed rel-
evant to the environment.
To better fulfill its mandated obligations, the Envirormental Quality Com-
mission has established the following workplan for 1982. This workplan
will serve as an action program which wi11 enable the commission to con-
centrate their efforts on areas of concern and interest.
,.
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COf %U�JI1Y DEIIELOPI''E!T C�11ISSIaJ
C0��1t�tI SS IONERS :
LeRoy Oquist, Chairperson
Ken Vos, Vice Ghairperson
Sharon Gustafson
P,1 Gabel
Connie Modig
t
I�OWG�'U�'� 1�`3'1
CITY STAFF:
Mary Cayan
COMMUNITY DEVELOPMEt�T COMMISSION
The Fridley Community Development Comnission was established in January 1976
by the City Council for the purpose of promoting and maintaining high qual-
��
ity community standards to ensure a well balanced and orderly development,
rehabilitation and redeveloprient, of the City of Fridley; including, but not
limited to econonic development, industrial and c a;unercial developr,�ent, hous-
ing, transportation services, public utilities, c�orimunity development projects,
and other related development activities'.' (Section 6.151)
The scope of the Comnission as set forth in Section 6 is as follows:
6.152 Scope
The Community Development Commission shall act as an advisory
Commission to the Planning Commission for continuous community
planning and development of the comprehensive City goals and
policies. Any change in related community planning and com-
prehensive City goals and policies must be reviewed by the
Planning Commission who will then make recommendations to the
City Council.
The Corrmunity Development Comnission shall advise the City
Council, after a{�olicy review by the Planning Commission, in
the development of programs to give increased effectiveness
and direction in impler�enting established City goals, poli-
cies and frar�ework, and recomnend actions as needed relevant
to the physical development of the City.
In order to fulfill the responsibilities mandated by the City Council, the
Community Development Camrnission has chosen the following goal areas to
focus upon in 1982:
Community Development Block Grant
Housing
Communications
Neighborhoods
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CITY OF FRIDLEY
MEP10RANDUM
0
T0: NASIM M. QURESHI, CITY MANAGER
FROM: SID INMAN, DIRECTOR OF CENTRAL SERVICES
SUBJECT: DRAM SHOP INSURANCE
DATE: JANUARY 26, 1983
Attached is the information regarding Dram Shop Insurance. We
will have to know within the immediate near future what our
decision is as we are beginning to start the licensing process
for the April time frame. I would recommend that possibly
we could discuss it with the Council at the conference meeting
and get a decision as to the questions I raised in the memorandum.
SCI:sh
Attachments
. •
Y111G�1 G. M[RM�CR .
OAVID �. NEWYAM
HERRICK & NEWMAN. P.A.
�no�Mers wt uw
June 24, 1982
Mr. Sid Inman
City of Fridley
6431 University Avenue N.E.
Fridley, Minnesota 55432
Dear Mr. Inman:
•27� yNIVE1ISIT' AV[NUE N.[.
FRIDLEY. MINNESOTA 354�2
s� � -asso
Enclosed please find a Memorandum from my Law Clerk to myself
regarding the New Dram Shop Law.
On Friday, June 18, 1982, I attended a conference of municipal
attorneys and this was one of the subjects that was briefly
discussed. In addition to the information in the Memorandum,
it is my feeling that the City Council may wish to require
insurance limits in excess of those required by state statute.
It is my feeling that an insurance policy of $100,000.00 -
$300,000.00 would certainly not be unreasonable for on-sale
establishments. The statutory limits of $50,000.00 -$100,000.00
would probably be adequate for the off-sale outlets.
If you have any questions, give me a call.
VCH:kao
Enclosure
0
Sincer Iy,
�// •
"�
Virgil C. Herrick
, �. , ±. .
�
M E M 0 R A N D U M
June 17, 1982
MEMO T0: Virgil C. Herrick
MEMO FROM: Nicole Nee
ISSUE: UNDER THE NEW DRAM SHOP LAW, MUST THE CITY
OF FRIDLEY DETERMINE THE AMOUNT OF SALES OF
LIQUOR OR WINE MADE BY ITS LIQUOR LICENSEES
AND REQUIRE FINANCIAL RESPONSIBILITY UNDER
CERTAIN CIRCUMSTANCES? �
I. The City of Fridley's responsibilities under the
New Dram Shop Law.
A. The new law requires liability insurance of
certain liquor licensees.
1. Before the City issues or renews any liquor
licenses, it must check with the Commissioner
of Public Safety to make sure that the
establishment has filed a statement of
financial responsibility with the Commissioner
of Public Safety.
B. Exception: The new law does not apply to 3.2 beer
- and wine licensees who sell less than $10,000.00
per year. These establishments need not file
proof of financial responsibility with the Commissioner
of Public Safety.
1. There is a possibility of cfvil liability for
the City if the establishment does not really
<qualify for the exception and the City issues
a license. There is a possibility that the
City may be joined as a defendant if someone
is hurt and there is no insurance as required.
a. The Attorney General's Office
(Jim Campbell, 296-8954) suggests that
the City could require the establishment
claiming to fit in under the exception
to file with the City.
� i. The proof it filed with the State
to show it did under $10,000.00
worth of business, or
� ' ii. Separate proof, since the burden
•� is on th.e establishment to prove it
does under $10,000.00 per year as a
�
�
condition of issuance/renewal of
the license.
iii. He seemed to feel that the City
would protect itself by merely
having this proof on file and doing
a very limited examination of it.
b. The League of Cities recommends that the
City require liability insurance of all
its liquor licensees regardless of
dollar volume, because:
i. No one knows exactly how the law is
going to work yet, and it is not
clear whether licensees claiming to
do under $10,000.00 worth of
business will have to prove that to
the Commissioner of Public Safety
or just unilaterally fail to file.
ii. It is a burden on the City to
determine if a licensee does under
$10,000.00, and it is not clear how
a licensee would document its
business in the first place. The
League suggested the City could get
records from the licensee's wholesaler
and check those records against
what the licensee submits as proof.
The League seems to think the City
has more responsibility to guarantee
the licensee's records are accurate.
iii. It is not clear what would happen
if the City guaranteed the licensee
did under $10,000.00 worth of
business when it issued/renewed the
licease--but thereafter the licensee's
business increased.
a. Technically, the City would be
free from liability since it
fulfilled its responsibilities
when it issued/renewed the
license, but
b. It might be safest just to
• require insurance of all
licensees.
.
,
iv. The problem with requiring insurance
of all licensees is that it is a
�
burden on the small business
person. However, it is likely that
the Council would think requiring
insurance is a good idea anyway.
C. The City of Fridley must file proof of financial
responsibility with the Commissioner of Public
Safety regarding the municipal liquor store.
II. The City Code's current insurance requirements and
recommendations for changes.
A. The City of Fridley oaly requires liability insurance
on "on-sale" intoxicating liquor licensees,
(Section 603.151), and veterans clubs who sell
liquor (Section 606.05). The new statute requires
insurance of "on-sale" and "off-sale", and of
non-intoxicating liquor licensees who do more than
$10,000.00 per year.
B. Fridley requires liability insurance for personal
injury of $50,000.00 for one person and $10,000.00
for more than one person. The new statute also
requires insurance of $10,000.00 for the destruction
of property, and coverage for loss of ineans of
support of $50,000.00 for one person and $100,000.00
for more than one person.
C. Though it is not required, the City may want to
incorporate M.S.A. 340.11 Subd. 21 into the City Code.
The advantages of requiring the same insurance
coverage for all liquor licensees are simplicity
and ease of administration.
D. My suggestion is that the City incorporate the
requirements of M.S.A. 340.11 Subd. 21 into the
Fridley City Code for all liquor licensees regardless
of dollar volume. Chapter Section 29 to "Licenses
and Permits" or Chapter Section 607 to "Business
and trades" could be added requiring the amount of
liability insurance specified by the New Dram Shop
Law, and Sections 603.151, 603.154, and 606.05
could be repealed.
III. 340.11, Subd. 21: LIABILITY INSURANCE.
(Effective: March 1, 1983)
A. �•"Every person licensed to sell at retail intoxicating
ltquor or non-intoxicating malt liquor at on-sale
or off-sale shall, after March 1, 1983, demonstrate
J
proof of financial responsibility with regard to
liability imposed by Section 340.95, to the Commissioner
of Public Safety as condition of the issuance or
renewal of his license "
,...
B. Proof of financial responsibility may be given by
f iling: '
1. A certificate that there is in effect an
insurance policy or pool providing the following
minimum coverages.
a. $50,000.00 for one person, $100,000.00
for two or more people, for bodily
injury in any one occurrence, and,
$10,000.00 for destruction of property
in any one occurrence, and
b. $50,000.00 for loss of ineans of support
of any one person in any one occurrence,
and $100,000.00 for more than one person,
OR
2. A bond of surety company with minimum coverages
as provided above, OR
3. A certificate of the State Treasurer that the
licensee has deposited with him $100,000.00
in cash or securities which may legally be
purchased by savings banks or for trust funds
having a market value of $100,000.00".
C. This law does not apply to:
1. Non-intoxicating malt liquor licensees with
sales of less than $10,000.00 of non-intoxicating
malt liquor per year, and
2. Holders of on-sale wine licenses under
Section 340.11, Subd. 20, with sales of less
than $10,000.00 per year.
D. The proof of financial responsibility must be
directed to the Commissioner of Public Safety even
though it is the City which issues the license and
presumably has a responsibility to revoke it if no .
proof of financial responsibility is submitted to
the City and Commissioner by the March 3, 1983,
date or if under Minn. Stat. 340.12 the licensing
city clerk is notified by the insurer that dram
shop coverage is to be cancelled.
,
E. Operation of an "off-sale" or "on-sale" business
without having on file at all times with the
municipality "the liability policy" required by
Mian. Stat. 340.11 Subd. 21 is grounds for "immediate"
revocation of the license.
(Minn. Stat. 340.11)
1. Revocation or suspension is normally a
drawn-out process because of statutory and
constitutionally required due process. It is
not entirely clear, but presumably the revocation
can occur prior to a hearing pursuant to
Minn. Stat. 15.0418 to 15.0426, as required
under Minn. Stat. 340.135 for other revocations.
a. If this is not so, the word "immediate"
would seem to be meaningless. Laws are
to be construed to give effect to all
their provisions. (Minn. Stat. 645.16)
IV. If cities do not add additional requirements for dram
shop coverage, they should notify all their beverage
licensees sufficiently before the March 1, 1983, date
so that coverage can be obtained. Such notice should
be given at least by January 1, 1983. However, it
might be even better to give notice along with the
license, for renewals occurring between now and the end
of 1982.
A. The most practical solution fYOm the City's standpoint
may be to impose additional requirements under
authority of Minn. Stat. 340.11 Subd. 17 and
Minn. Stat. 340.01 and simply require dram shop
insurance for all licensees regardless of dollar
volume. This step would eliminate any City
responsibility to check the books of licensees and
any responsibility of licensees to report on
dollar volume. This same authority to impose
further restrictions and regulations could be used
to amend the liquor ordinance to require insurance
of all licensees beginning with the next license
renewal.
1. This would eliminate the need to notify
licensees substantially ahead of the
March 1, 1983, date and then revoke or suspend
- their licenses should licensees fail to meet
the security requirements of the law.
B. It is not clear what if any legal liability may
attend,city and state acquiesance fn continued
.
a
� -
. �
. • . :
operation of a licensed establishment without the
requisite financial responsibility arrangements.
However, avoidance of just the costs of litigating
that question provides reason enough for cities to
insist that all licensees be insured.
C. The City might want to consider amending its
liquor, wine, and beer licensing ordinance to
specifically make the lapse of insurance or other
evidence of financial responsibility a trigger for
automatic suspension or revocation of the license.
D. The City might also provide that notice of cancellation
of a current liquor liability policy also serves
as notice to the licensee of the impeding suspension
or revocation and that unless evidence of compliance
with the financial responsibility requirement is
presented to the clerk or other licensing authority
before the termination is effective, the license
will be suspended or revoked instantly upon the
lapse.
t
did
�O V
� r�o�a
C�1
LIQUOR IICENSIfVG
What must cities do to assure dram
shop insurance coverage for beverage
(icenses and when must they do itt
Laws 1982, Chapter 528 requires
every person licensed to sell intox-
icating liquor or 3.2 beer, at on-sale
u
��
n :n 1-
�
��
_ -� �
o� off-sale, to "demonstrate proof of
financial responsibility" under the
dram shop law after March 1, 1983.
An exception to the requirement is
granted to licensed sellers of wine or
3.2 beer with sales of less than
510,000 for either beverage.
Financial responsibility can be
shown by filing one of the following:
a. A certificate that there is in ef-
fed an insurance policy or pool
providing coverage of at least:
1. 550,000 because of bodily
injury to any one person in
any one occurrence, and,
subjed to the limit for one
person, in the amount of
�100,000 because of bodily
injury to two or more per-
sons in any one occurrence,
and in the amount of
�10,000 because of injury to
or destruction of property of
others in any one occur-
�����
■
�
' � ----
��� ► � ,
TART-IDE DIVISION
Aquamotion, Inc.
8878 Wentwo�th Avenue
Minneapolis, MN 55420
Phone 612/881-7060
..
rence.
2. �50,000 for loss of ineans of
support of any one person in
any one occurrence, and,
subject to the limit for one
person, 5100.000 for loss of
means of support of two or
more persons in any one oc-
currence.'
b. A bond of a surety company
with minimum coverages as
provided in clause a.
c. A ce�tificate of the state
treasurer that the licensee has
deposited with him 5100,000 in
, cash or securities whtch may
legally be purchased by savings
banks or for trust funds having a
market value of 5100.000•
The proof of financial responsibility
must be directed to the commis-
sioner of public safety. However, it is
the city which issues the license and
which presumably has a responsibili-
ty to revoke it if no proof of financial
responsibility is submitted to the city
and commissioner by the March 1,
1983 date, or if under M.S. 340.12,
the licensing city clerk is noti(ied by
the insurer that dram shop coverage
is to be cancelled.
Operation of an "off-sale" or "on-
sale" business without having on file
at all times with the municipality "the
liability insurance policy"I �equired
by M.S. 340.11. Subd. 21 is grounds
WATER & WASTEWATER
TREATMENT EQUIPMENT
AERATORS
CLARIFIERS
FILTERS
FILTER MEDIA
ION EXCHANGE RESINS
PROCESS CONTROLS
SOFTENERS
UNDERDRAINS
FREE EQUIPMENT INSPECTIONS
AND ESTIMATES
_ _�_ ---__......� � ----. - - -. _ .___, - . .
�
MINNESOTA CITIES
for "immediate" revocation of the
license. (M.S. 340.12.) Revocation or
suspension is normally a drawn-out
process because of statutory and
constitutionally required due pro-
cess. It is not entirely clear, but
presumably the revocation can occur
prior to a hearing pursuant to M.S.
15.0418 to 15.0426, as required
under M.S. 340.135 fo�other revoca-
tions. If this is not so, the word "im-
mediate" would seem to be mean-
ingless. Laws are to be construed to
give effect to all their provisions.
(M.S. 645.16.)
A problem is raised by the exemp-
tion of dispensaries of less than
510,000 worth of beer or wine from
the mandatory insurance require-
ment. Practically speaking, for all but
temporary licenses it may be impossi-
ble for city officials to determine
whether or at what point a particular
seller has taken in more than �10,000
from a particular kind of sale.
The most practical solution from
the city's standpoint may be to im-
pose additional requirements under
authority of M.S. 340.11, Subd. 17
and M.S. 340.01 sim,pl�equiring
dram shop_insurance for allJicensees
regard esl s of dollar volume. This step
would eliminate any city responsibili-
ty to check the books of licensees
and any responsibility of licensees to
report on dollar volume. This same
�ul� 1982
authority to impose further restric-
tions and regulations could be used
to amend local liquor ordinances to
require insurance of all licensees
beginning with the next license
renewal. This would eliminate the
need to notify licensees before the
March 1, 1983 date and then revoke
or suspend their license should
licensees fail to meet the security re-
quirements of the (aw.
If cities do not add additional re-
quirements for dram shop coverage,
they should notify all tf�eir beverage
licensees sufficiently before the
March 1, 1983 date so that coverage
can be obtained; certainly such
notice should be given by )an. 1,
1983. However, it might be even bet-
ter to give the notice along with the
license for renewals occurring be-
tween now and the end of 1982.
It is not clear what if any legal
liability may attend city and state ac-
quiescence in continued operation
of a licensed establishment without
the requisite financial responsibility
arrangements. However, avoidance
of just the costs of litigating that ques-
tion provides reason enough for
cities to insist that all licensees be in-
sured.
Cities might want to consider
amending their liquor, wine, and
beer licensing ordinance to
specifically make the lapse of in-
surance or oihe� evidence of finan-
cial responsibility a�Ligget�Qr
automatic suspension,or revocation.
ft might provide that notice o�
cancellation of a current liquot
liability policy also serves as notice to
the licensee of the impending
"suspension or revocation and that
unless evidence of compliance with
the financial responsibility �equire-
ment is presented to the clerk o�
. other licensing autho�ity before the
termination is effective, the license
will be suspended or revoked instant-
ly upon the lapse.
Endnotes
1. The language requiring only in-
surance for loss of ineans of support
is curious in light of an amendme�t
in 340.95 extending liability under
the statute to "other pecuniary loss"
as well as loss of ineans of suppon.
The legislature probably overlooked
the inconsistency when it extended
liability to other pecuniary loss late in
the legislative process. The licensee
would seem well advised to insure
against all claims under 340.95
regardless of the limited re-
quirements of the statute.
2. The "liability insurance policy"
must be intended to include a bond
of a surety company or a certificate
of the state treasurer as provided in
(b) and (c) of M.S. 340.11, Subd. 21.
"WATER TANK SPECIALISTS"
1NSPECTION OF WATER TOWER 1NTERIORS
WITN CLOSED CIRCUIT TELEVISION
�� •^a �^•�+ �0 )'car Cuarontee �•••' �'"
s'"°bi°.n"� on E�os� Cootin/lS E�O1r Cw�:�n
E.w���na� Cr��.s I J h Awwvel �r.it� Gwh�sN
OVER �0 VEARS DEPENDAdLE SERVICE
Prompl serrJcs on smsrpsntr wlnfsr w�ak.
MAGUIRE IRON, Inc.
T�IeoFan�: �31•N27 er 73�1•2�SS I. O. Ms 1N
Ar�� Ced� i0S Sious F�IIs, Seufl� CakMa
MEMaER OF I►MERICAN WATER WORKS ASSOCIATION
F�
r�
�
« � . . � � :;
!!B!lORPiPDOM
�s I�.SIM 4[�HI � CITY l�NAGFR , -
Ft�l: SID II�N. DIRD(.`T�R OF CFNTRAI� SF�tVICES
�g7�; N�l D�iAM S80P IAW
p�= JULY 26, 1982
In the 1982 Session of the State Legislature, the requirement u�tesrthat all
insurance for liquor establishments was expanded. The �er 0,000) are required
liquor business (including 3.2 and wine business selling
to have dram shop insurance. �e law states that be€ore the City issues or renews
any liquor licenses, it must check wi 8 S�t� S f Finan ialuRespons bility ��ke
sure that the establishment has f iled
The law requires that financial responsibility be shown bY the establishnent f iling
with the Canmissioner one of the follawi.ng items:
A. A certificate that there is in fact in effect an insurance policy or pool
pro�viding voverage of an least:
1) 550,000 because of bodily injuryrs� o� PheSO�oun afY$100,000ubecause
and, subject to the limit for one pe
of boaily injury to two oc more pers��n o= �stryu t on ofupropertYao others
amount of 510,000 because of in� ry
in any one occurrenoe.
-2) $50,000 for loss of ineans of support of any one person in any one
occurrence� anc1. sub]ect to the limit for one per�s ��==�ce 00 for loss of
means of support of two or more persons in anY
B. A bond of a surety canPanY with minlmun °°verages is provided in Pa=agzaph A.
C. A certificate of the State Treasurer tha�the�lipu�chasedSbyeBavings Bankshor
$100,000 in cash or securities which may leg Y
for Trust �s ���9 a�rket value of $100,000.
I have r�otked with both the I�ea9ue and with Virg Herrick's Office to determine what
is the City's responsibility. There are three specific questions which both the
Leaque and Mr. Aerrick have addressed themselves to.
'IY�e first question revolves around the requirements for our City Ordinances. They
are recar�nding that we change our City Ordinances. Sections 29 ana 607. bY adding
the aQnount of liability specified by the new dram shop law. I isave no problem with
this sug9estion and am in the process of preparin9 those dx�►�•
.
�
. � Pdge Z�,ro
�� N�a Dram S�hop Iaw I�Ieao
� The seoond question that we have addressed is the responsibility for 3.2 beer or
wine licensees who sell less than $10,000 per year. After reviewing the law, it is
clear to both Mr. Herrick ar�d the League that in order for the City to determine if
an establisYunent sells less than $10,000, w�e will be required to obtain financial
statesaents. Zfiis, in fact, requires the City to review financial statements and
c3etermine the reality of the information presented. It creates additional gaper
w�ork and expense in clerical time. The real concern is that even after all the
checking is done, the City may in fact still have a liability if there is a lawsuit
an�d it is claimed that the establishment sells over $10,000 w�orth of beer or wine a
year. Rfierefore, it is the recommendation of the City Attorney, the League of
Mirinesota Cities and myself that the City require proof of dram shop insurance on
all liquor dispensing licenses, non-intoxicating licenses and wine licenses
regardless of the dollar a¢nount of sales.
The third question is the level of insurance. Mr. 8errick suggests that we require
100,000 to 300,000 for on sale and use the 50,000 to 100,000 for off sale.
Wbuld you please review? Let me know as soon as possible your decision so that I
can begin to prepare the ordinances.
- SI/bd
0/18/19
�
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�
�
��
�M44' �,' �: 1� :;�
l�IEPlORANDDM
'I�: NASIM M. 4URF�HI� CITY MANAGIIt
FT�1: JOF�T FLORA, DIRE�C'inR OF PUBLIC WORRS
SUBJDCP: SZt�RM WAT�t MANAGII�]'P MEETIl�
L1ATE: JANUARY 26, 1983
I attended a Storm �aater Manag�nent Meeting at the Coon Rapids City Hall on
Wec�esday, January 26th with representatives from all the Cities on the east
bank of the Mississippi River within the Metropolitan Council def ined "Upper
M1SS1SSl�l R�].OR�•
During our discussions, we agreed to consolidate the northernmost area and a
portion of the area just belaw it into the Rum River District. Since this
Watershed District has not been formed but is proposed to be, it was agreea
that Andover, Ramsey and Anoka would work to have this area included within
the Rum River Watershed District, thereby, eliminating it from further
consideration by our group.
Z%e renaining 2 L2 areas which incorporate portions of Colimibia Heights, St.
Anthoriy, Fridley, Spring Lake Park, Blaine and Coon Rapids still have to be
addressed and sane sort of Watershed Management Organization established.
Considerable discussion was had pertaining to the absorption of this area by
the existing Coon Creek and Rice Creek Watershed Districts. A11 of the other
cities were venommently against allawing the existing watersheds to absorb
more territory. Some discussion was directed tawards doing nothing and
allawing the County to take aver the management of this unsupervised area. At
this point in time, the County organizational structure is unknawn but it was
felt that whatever system was established, there would be minimum City
irnrolveqnent in the organization and therefore, the designation of the County
was not supported.
After much discussion, it was felt that a Joint Pawers Agreenent for possibly
a single organization with 3 sub-elements woulcl be the most manageable
structure and provide the City o�ntrol and involvement deemed necessary for
these watershed areas.
Another meeting irs scheduled for February 10 at 1:30 in the afternoon where we
will each provide an outline of the organization and pawer structure desired
in a Joint Pawers Agreenent. It is hoped that at the r�xt meeting we will be
able to arrive at a concensus of a Joint Pawers Agre�nent structure and also
evaluate the Watershed Districts absorption of the undesi�ated areas so that
a information and decision meeting may be schedulec] with the respective City
Managers in orc3er to determine which oourse we should continue to develap.
I will keep you informed as to the development of a Joint Fawers Organization
and will also coordinate with the Rice Creek Watershed District to obtain
information on their ability and support that can be provided if additional
area is absorbed by them. -
JF/bd
3/L2/16
�
�
T1�• CITr O�
Fi�lDL. Y
DATE
FROM
SUBJECT
OliaECTORATE
OF
pue�ic woRKs
John G. Flora
Local Watershed Meeting
TO
MEMOAANDUM
A watershed meeting was held in the �ridley City Hall with representatives
from Coon Rapids, Blaine and Spring Lake Park on Thursday October 27, 1982,
to discuss the management of creeks as dictated by state legislature Act
#506.
ACTION� INFO•
During the meeting it was determined that the State Watershed Board prefers
large districts and probably will not approve small separate watershed manage-
ment organizations. Accordingly we reviewed the area designated by the
Nletropolitan Council as "Upper Mississippi River" Watershed. This area
includes both sides of the Mississippi River and all undesignated watersheds
from Columbia Heights to the Northwest Metropolitan boundary.
Bill Ottensmann from Coon Rapids will schedule a meeting within three weeks
with all affected engineers to obtain their understanding of the watershed
management requirements, and actions programned or initiated and identifica-
tion of creeks or streams within this area.
It appears that by establishing this large district or separating it into
two - one on each side of the Mississippi River, a Joint Powers Organization
could be established whici� will provide for adjacent cit�es to organ�ze and
develop watershed actions based upon mutual involvement and requirements.
JGf/mc
0
_'� V'
� ��
� ♦
Q �
• `�`'�t
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..�-�..-._--.-,. - - ---�
, ♦ %a : ,�. . , ,� . �.:�. .
i►.f�a�qt .�e �
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� �� � I
'�a, `��';;,� ,,� ; `.q,4 �� , . , � �. . , '
: s��� i�N R � �• 1
. Y� ! Mtt.,, `� t�w�t �. ,
� suNn�sE R �
y t ' +� .._
Fi gure 24. ;d � R `` `
CRITICAL WATERSHED$ � }` f' �" "� ` \ � ��El�W�r �_. �
. ,, - - - -
AND PRIORITY LAKES ' r = • � Y ° : �a . ero • .. . � , . I �
IN THE METROPOLITAN AREA ' ...+..� . �.�,.. = : � � �;, .� i
...,
ea�s � =: . +
, �,`.. . ��
•, � , � ^ --{-_ �
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«.,.. . . . f . M�n
�� cr.rn � c w+M e.n��a�! `., dMC
I ❑ CRITICAL � • _ - � ; E d�. , � '"" , , . •
, WATERSHEOS ..,..�. ., ' u�lS • ,�. .< <�••., �as .� oN �•
EI.M � ..�� �.�ou:n. -�—._._.
.�....�, c��co�.� � +�t s�o '
• PRIORITY � ...�.��� n �.. � ..
...,.., u. ,
.K.r.�•v . � r-• - , '
LAKES NcKKE��N co s .,� . �
• � • . ���.... .� �� ;,, j �;,� �'sno ... .
. �,,.. ,I .
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!. •• .�.w�n� � f � f � u►.i �� �
1 .• I•��41��� � . .
I . . -�.. . ' _ • .
SETT ••M �� � �• ( I MSO
�•ttR.A . ����
f' � wM• y �. ��y ��w •���� ���•• ..�I
� .� � . � , M�J• .. . �• ��
� - - -. . . � �°" ' :.:*;� �'' �t M� tAl►��� o v�i�lr
�� + 911ANCM ••°
: � .. .. .. .,►�. �i H�A ..... • ... , . • � �..., •..» '
i .�:t+� :... i • , �
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, .. ' ''':b� t • �• �� � '•~ • i � � �.
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CFOW R. � m.aw � . LMS •CGN � �
t; � �NE " �
.�i "�.... � �. :. � � � ILE �inrr • ....� _�.� . t' --
� �: �
i ` ] •`�. . . PUR CR. ' LMN � C� � IOWEII
.. � „'•: • . a. • ,•RIL •••�•• � � •• COT =L CNOUI
.I .� • �i �18A • .�..� QUN .Mw. .o.� •• I
BLU ... �t -n � �..n.��
• C��vt� �
- t • lMN
CARVER CA. CMA � 1�1M �,... to •�" � L S
•.r', ....wa SLA . .;.
, _ �. ,�• • � _ •' • SMAKOPEE , • �. ;
, .. . � . . . ,1 � •M. , , � .. Nw� �rAf . . �Na+�wt '
. �' �
' �I . !u . .. , � .. .- .
_�.. _ oEVENS CR. � UMN �. � f i _"' 1
� : �.:
� . . .,.. �"� PWI�I CRE�DIT I � R i ,.-.....►..iw � . aw�w�
t. _ ' EMCE• uarW �r.� j j'� } rNaww �
� -'" —� � ' � � PR101i l . • • � � � t�.iwtw � �
• .• T � - . � . . - �. .�' . . , �
� � • •f . , --1- - - ..L_ _-- - ----1
.. ,.• •� SANOCR.� � < ;� „ .T ''' ���` ..
_ � � .«. � . � • ,
ROB . .� . � . . . . � � _ •�:.�s. � .. canc•w. � .�,�....q
ClA • """' •. • . . (
, ...... M, � �� , CANNON Il. �
._. J
- — - - - — � • •-- • -- - - ' � � !�w»
�. _ _ CMUe CR ':" •
�,� --�--� - �-� � .... ... , .
...,.. . - � „ ,. ' �'
. i� - �-- -- �— -� .
SlA OLACK 000 IAKE MqC MiDDLE tT.CROIX NIVE11 �
. 6LU BLUFF CREEK GUN GUN CLUd �AKE PUR �URGATORV CREEK
BMC 61G MARfNECAANE�IAN MHA MA2ELTINE-BAVARIA RIL R1lEY CAEEK
BRO 80RWNS CREEK lMN LOWER MINNESOTA RIVER ROB ROBERTS CREEK
CGR COTTAGE GROVE-RAVINE lMS LOWER MISSISSIPo1 pIVE11 RNfM RAMSEY-WASMINGTON METRO.
CHA CNASKA MAA MARINEONST.CAOIX UMN UPPER MINNESOTA RIVER
ClA CLARKS IAKE ` MMN MIODIE MINNESI.TA RIVEII UMS UY►ER MISSISSiPPI NIVE11
COT COTTAGE GROVE INMS MIDDIE MISSISSI��i 111VE11
� 44
8
i South Branch Evaluation: The South Branch subwatershed is a predominantly
rural Matershed with some areassur�ea�hew atershed1relatePtotthe1threeFhight
� Lake. The most serious problem
priority lakes--Forest, Cosusancted�to have beenrartificiallyrskewed byethe
, surprisingly high and are Pe
Nater quality model.
Suggested management needs: -
- 5,000 acres in cropland conservation practices.
_ 2,160 acres in noncropland critical area treatment.
- 4,050 acre-f eet of wetland storage.
- Forest Lake: - Intensive housekeep�e9 iear;t520fcorm►ercial/endu��rial�
dential curb-miles p Y
curb-miles per year).
_ 245 acres in cropland conservation practices.
_ 200 acre-feet of wetland storage.
- Coon Lake: - Information program for homeowners.
- Leaf/litter program.
_ 260 acre-f eet of wetland storage.
- Bone Lake: _ 475 eCreSf eet�ofpwetl andnstorage.n practices.
450
West Branch Evaluation: Water qua{o �deluskewinghbecauseBofnthesthreeer-
shed were very high, possibly due
riority lakes (Linwood, Martin and Islais,withatheapriorAty lakeshbecause
P roblem
Branch, the major water quality p
of their location within the basin.
i Suggested management needs:
- 1,160 acres in cropland tillage treatment.
- Linwood, Martin, Island chain: ' Zractices.i� �ropland conservation
_ 490 acres noncropland critical area
treatment.
<<
41�per Mississi pi River (UMS). This
ser � es of f our bas i ns � s recomnended for
triii�al Poblemsyoccurring upstreamtof
qua Y P
the Fridley intakes. ,
<-�,,.�rP..r�. �- ' -
� G•.ec �.
� f �, . !
� T`- �
G�,r � G"
�
8�
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�
4�
�i
Anoka
Coon Rapids
Osseo
Upper -
�
Area
(sg. mi.) TSS COD
6.9 123 92
9 9 78 66
33.7 66 66
16.5 26 q4
TP TN pb
1.13 6.6 0.10
0.93 5.2 0.04
0•80 5.8 0.14
0.54 3.1 0.04
Moka Evaluation: The Anoka (Rum 7) is predominantly developed, and as
such, is analyzed for lead (Pb) as a priority pollutant. The Pb level for
this basin needs a 50-percent reduction to meet the guidelines for a health-
related watershed. The other four pollutants used for the evatuation also
greatly exceed the recomnended guidelines.
Suggested management needs: Intensive housekeeping for Anoka and Coon
Rapids (covered in Coon Creek a�d Rum River
sections).
Coon Rapids Evaluation: The Coon Rapids subwatershed (UMS 4-5) covers
parts of Blaine, Coon Rapids, Spring Lake Park and Fridley. The area is
urbanized and above the water intakes, but the Pb level appears accept-
able. The secondary pollutant (TP), however, is in need of an 89-percent
reduction.
Suggested management needs:
- Intensive housekeeping in urbanized area (300 curb-miles per year of
priority sweeping; leaf/litter program).
- 900 acre-feet of water quality storage.
Osseo Evaluation: The Osseo subwatershed (UMS 3) is the largest subwater-
shed, draining an area that is not yet urbanized but should be within the
next 20 years, as well as several urbanized conmunities in southern Anoka
County. Comprehensive storm water management is essential as the area
urbanizes. The Pb value of 0.14 mg/1 is quite high and is likely a reflec-
tion of urbanization and the transportation corridor adjace�t to the river.
Suggested management needs:
- Intensive housekeeping (776 curb-miles per year; leaf/litter program;
cleaning of 100 catch basins).
- 725 acre-feet of wet-land storage.
Upper Evaluation: The Upper subwatershed (UMS 1-2) consists principally of
the transportation corridor along both sides of the river. Pb, TP and TN
all exceed the guidelines, with priority attention going to Pb.
Suggested management needs: 1,100.acre-feet of wetland storage along
transportation corridors.
.
88
p�.
i,
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