HomeMy WebLinkAboutUntitled Enclosure IV. D2
FOR BOARD USE ONLY
Minnesota Lawful Gambling Base# Check#
Premises Permit Application - LG214 PP# Initials
Class of Permit Fee Date
Check one: n Class A($400)-pull-tabs,tipboards, paddlewheels, Q Class C ($200)-bingo or bingo and
raffles, bingo pull-tabs when total gross receipts do
not exceed$50,000 per year
ED Class B ($250)-pull-tabs,tipboards, paddlewheels, raffles ❑Class D ($150)-raffles only
Organization Information
Organization name (as it appears on documentation filed with Minnesota Secretary of State or Internal Revenue Service)
St. Croix Valley Amateur .;Hockey Association
Business address of organization-street or P.O. box(do not use the address of your gambling manager)
1100 Northland Ave.
City State/Zip County Daytime phone number
Stillwater MN / 55082 Washington (612 ) 439-8952
Name of chief executive officer(cannot be your gambling manager) Daytime phone number
Michael Polehna ( 612) 439-8952
Gambling Premises Information
Name of establishment where gambling will be conducted Street address(do not use a P.O. box number)
Stillwater Bowl 5862 Omaha Ave.
City&county where gambling premises is located—OR—Township&county where gambling premsies is located if outside city limits.
Oak Park Heights / Washington
Is the premises located within city limits? ni.Yes No
- Does your organization own the building where the gambling will be conducted? n Yes No
If no,attach the following:
• a copy of the lease(s),and
• a copy of a sketch of the floor plan with dimensions,showing what portion is being leased.
A lease and sketch are not required for class D applications.
Name and address of legal owner of premises City State/Zip code
Randall and Victoria Urtel 16551 Division St. Lakeland, MN 55043
Address(es) of Storage Space of Gambling Equipment
Do not use a P.O. box number. Attach additional sheet listing all locations where used and unused product is stored.
Address City State/Zip code
Advance Self Storage Lake Elmo Ave. & Hwy. 36, Unit 19 Stillwater, MN 55082
Bingo Occasions •
If applying for a class A or C permit, enter days and beginning/ending hours of bingo occasions(indicate A.M. or
P.M.). No more than ten bingo occasions may be conducted by your organization per week. An occasion must
be at least one and one-half hours, not to exceed four hours.
Pay Beginning/Ending Hours Day Beginning/Ending Hours Day Beginning/Ending Hours
to to to
to to to
to to to
to If bingo will not be conducted, check here
Page 1 of 2
11/97
ti Minnesota Lawful Gambling
- Lease for Pull-Tab, Paddevheel, Tipboard, and/or Ree Activity - LG221
Name of Legal Owner of Premises Street Address City Zip Daytime Phone
Randall & Victoria Urtel 16551 Division St. Lakeland 55043 612 ) 436-7876
Name of Lessor Street Address City Zip Daytime Phone
(If same as legal owner,write in"SAME")
SAME
Name of Leased Premises Street Address City Zip Daytime Phone
Stillwater Bowl 5862 Omaha Ave. Oak Park Heights 55082 ( 612 ) x:39
Name of Lessee(name of organization leasing the premises) GCB license no.of organization Daytime Phone
St. Croix Valley Amateur Hockey Assn. b-03375 ( 612 ) 430-8149
Rent Information
• Total rent cannot exceed $1,000 per month for all • An organization may not pay rent to itself or to
non-bingo activity for this premises. any of its affiliates for space used for the conduct
• For bingo activity, use lease form LG222. of lawful gambling.
• For pull-tab dispensing machines, use lease form
LG223. Rent to be paid per month $ 1,000.00
(If no rent is to be paid,indicate-0-)
Sketch and Dimensions of Leased Area
Sketch: For all areas being leased for the conduct For Premises Permit Renewal Applications Only: If no
of gambling and storage of gambling product at this changes have been made at the site,you do not have to
premises, attach a sketch (drawing)showing: (1) the complete this section or provide a'sketch
leased area(s), and (2) the dimensions.
Dimensions
The leased areas are: 12.5 feet by 8 feet for a total of 100 square feet.
feet by feet for a total of square feet
feet by feet for a total of square feet
Storage feet by feet for a total of square feet
Storage feet by feet for a total of square feet
Combined total square feet
Lawful Gambling Activity
Type of gambling activity that will be conducted at this gambling premises. Check all that apply.
Paddlewheels XX Pull-Tabs XX Raffles XX Tipboards
Term of Lease Amended.Lease Only
The term of this lease agreement will be concurrent with the If this is an amended lease showing changes occurring dur-
premises permit issued by the Gambling Control Board, ing the term of the current premises permit, write in the
unless terminated sooner by mutual consent of the lessor date that the changes will be effective / /
and lessee. Both parties that signed the lease must initial and date all
changes.
Questions on this form should be directed to the Licensing The information requested on this form will be used by the
Section of the Gambling Control Board at (612) 639-4000. Gambling Control Board(Board)to determine your compliance
This publication will be made available in alternative format with Minnesota statutes and rules governing lawful gambling
(i.e. large print, Braille) upon request. Hearing impaired activities. All of the information that you supply on this form
individuals using a TTY may call the Minnesota Relay Service will become public information when received by the Board
at 1-800-627-3529 and ask to place a call to(612)639-4000. except,if required,your Social Security number,which remains
private.
• Pace 1 cf 2
Rev. 8/97
JUL-10-20:08 11;39 GAMBLING CONTROL BOARD 6516394034 PP.O1/06
f
Minnesota Lawful Gambling Page 1 of 2 8/08
LG220 Application for Exempt Permitw For Board Use Only
An exempt permit may be issued to a nonprofit organization that: Fee is $50 for Check If
• conducts lawful gambling on five or fewer days,end
• awards less than$50,000 in prizes during a calendar year. each event $
ORGANIZATION:I NF O RMATI ON
Organization name Previousambliin
g g permit number
A crIre CfVt- akrC cre2C 7fr X- 33 ? 73- OS-OO,S-1
Type of nonprofit organization. Check (1) one.
❑ Fraternal ❑ Religious ❑ Veterans 3g1 Other nonprofit organization
Mailing address City State/Zip Code County
a a()• P61-klio.6 /ld /tick;do fa I z c' zQ Ba le a fa
Name of chief executive officer(CEO) Daytime phone number
SI; r- Ca 1r !sor1.- 4si- - 8/4e
ATTACH A COPY OF:ONS OF:THE':.FOLLOWING: FO.R PROOF..OF•NONPROFIT .STATUS •
* Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status.
Nonprofit Articles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Div., 180 State Office Budding,St.Paul,MN 55155 Phone:651-298-2803
_._ Internal Revenue Service-IRS income tax exemption[501(0)1 letter in your organization's name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter,have an organization officer
contact the IRS at 877.829-5500_
,internal Revenue Service•Affiliate of national,statewide,or International parent nonprofit organization(charter)
If your organization falls under a parent organization,attach copies of both of the following:
a, IRS letter showing your parent organization is a nonprofit 501(c)organization with a group ruling,and
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
_Internal Revenue Service•proof previously submitted to Gambling Control Board
If you previously submitted proof of nonprofit status from the Internal Revenue Service,no attachment is required.
GAMBLING:PREMISES INFORMATION .
Namec�rof premises where gambling activity will be conducted (for raffle , list th site where the drawing will take place)
sl + (lIA/9ff-Y �C' -7if Sr.- /-/iGLe
Address(do not use PO box) City V Zip Code County,
5')O/ Sr41(4vactomer Bloc Oak Park. Ar& if fait_
Date(s)of activity(for raffles,indicate the date of the drawing)
A r a, aoog
Check the box or boxes that indicate the type of gambling activity your organization will conduct
❑ 'Bingo Raffles ❑ `Paddlewheels ❑ 'Pull-Tabs ❑ 'Tipboards
* Gambling equipment for pull-tabs, bingo paper, tfpboards,and paddlewheels must
be obtained from a distributor licensed by the Gambling Control Board.
EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed
from another organization authorized to conduct bingo.
To find a licensed distributor, go to www,gcb,state.mn.us and click on List of Licensed
Distributers,or call 651-639-4076.
' J uL-1.0-GUUO 11.,..i t UHI'IrSL I INU L_UIN I KUL , UHKU c b3,4LJ''4 r.U C bb
i .
LG220 Application for Exempt Permit Page 2 of 2
LO'CALUNIT-OF;GOV:ERNMEN,T ACKNOWLEDGMENT
WIf the gambling premises is within city limits, if the gambling premises is located in a township,both
the city must sign this application. the county and township must sign this application.
Check(1)the action that the city is taking on Check('1)the action that the county Is taking on
this application. this application.
4(The application is acknowledged with no waiting period. __The application is acknowledged with no waiting period.
The application Is acknowledged with a 30 day waiting _The application is acknowledged with a 30 day waiting
period,and allows the Board to issue a permit after 30 period,and allows the Board to issue a permit after 30
days(60 days for a 1st class city). days.
__The application Is denied.
_The application is denied.
• Print county name
Print city name _ --- On behalf of the county, I acknowledge this application.
On behalf'of the city,I acknowledge this application. Signature of county personnel receiving application
of.4.,44, .a,. /44,_..._,t—
El
city peri nal/receiving application
S.
4J Oa- /'7 TitleDate / /
Title V ±7 ( -r—IC Date,.. !_ 10 g. TOWNSHIP: On aloha/lathe township,I acknowledge that the
r/to a et c.K ,f<</,. ta r— organization is applying for exempted gambling activity within the
township limits. [A township has no statutory authority to approve
or deny an application(Minnesota Statute 349.213,subd.2)]
Print township name
Signature of township official acknowledging application
Title Date ____I__.,,_J
CHIEF :EXECUTIVE:•,OFFICER'S.SIGNATURE . • ' ::.•. . ... . •. • •
The information provided in this application is complete end accurate to the best of my knowledge. I acknowledge that
the financial report wit!be completed and returned to the Board within 30 days of the date of our gambling activity.
Chief executiveofficer'ssignaturie Date____/ /
,. ..
Complete an application for each gambktg activity: Financial report and recordk*aping
• one day of gambling activity required
• two or more consecutive days of gambling activity A financial report form and instructions will be •
• each day a raffle drawing is held sent with your permit. Within 30 days of the
Send application with: activity date,complete and return the financial
• a copy of your proof of nonprofit status,end report form to the Gambling Control Board.
• $50 application fee for each event. Questions?
Make check payable to"State of Minnesota." Cell the Licensing Section of the Gambling
To: Gambling Control Board Control Board at 651-639-4076.
1711 West County Road B,Suite 300 South
Roseville,MN 55113
Dad privacy.This tom will be made available the Basel wit be able to process your Board staff whose work requires access to
in alternative format(Le.large print,Oreille)upon application.Your name end and your the Information; Mlinnesole'a Department of
request. The infoirnatton requested on this orgarnbatcn's name and address will be public Public Safety,Attorney Gemmel;Ceim,laslone,a
form(end any attachments)wiI be used by the inforrnatbn when received by the Board. AI ofAdministration.Finance,and Revenue;
Gambtng Control Board(Board)to determine the other information you provide will be private LegislativeAudtor,nations'end international
your qualifications to be Involved in lawful data until the Board issues your permit When gambling regulatory agencies;anyone pursuant
gambling activities other incSviduala and agencies
right to refuse to amply Information Board
issues
tote r at�w beams thhatt are specifically authodzed by Ade or
requested;however,if you refuse to supply pubic. tithe Beard does riot issue a permit,all federal law to have ass to eie information;
this knfenneticn,the Board may not be able to Information provided remains private,with the individuals and agencies for which law or legal
determine your quolfications and,as a exception of your name and your organization's order authorizes a new use or sharing of
consequence,may refuse to Issue you a name and address whim,wit remain public. information alter this Notice was given:and
permit N you supply the Information requested, Private data are available for Board members, enyone with your consent
(,
• Federal ID #41-UI24U36
• State ID #21893
For M-1441 (REV. 6401
;•+'''��, U. S. TREASURY DEPARTMENT
4R INTERNAL REVENUE SERVICE
.µ:Vi",• •
-�►'� WASHINGTON 25, O. C.
AuuG 1 r,S' IN REPLY RLFLJI TO
T:R:EO:b
CSG
Cancer Satiety, GATE OF ORIGINAL GROUP RULING
American
ty, Inc.
521 West 57th Street November 5, 1942
• New York 19, New York PURPOSE
Educational, scientific
and charitable
• FORM 990•A REQUIRED
• ®YES ONO • .
Gentlemen:
Based upon the information presented, it is held that all of the new Subordinate units whose names
appear on the lists recently submitted are exempt from Federal income tax as organizations de-
scribed in section 501(c)(3) of the Internal Revenue Code as they are'organized and operated ex-
clusively for the purpose noted above. Any questions concerning taxes levied under sub.
• titles of the Code should be submitted to the appropriate District Director.
Your.new..subordinate units are not required to file Federal income tax returns so long as they re-
• tain a tax exempt status, unless they are subject to the unrelated-business tax imposed by section
511 of the Code and are required to file Form 990-T in order to report unrelated business taxable
income. This is also applicable to you and your pre-existing subordinate units. Your new sub-
ordinate units are or are not required to file the annual information return, Form 990A, as indi-
cated above. Such returns, if required, must be filed with the appropriate District Director after
the close of the annual accounting period of each subordinate unit, unless you include the sub-
ordinate units in a group return filed by you.
•
Contributions made to your listed subordinate units are deductible by donors as provided in sec-
tion 170 of the Code. Bequests; legacies, devises, transfers or gifts to or for the use of the listed
subordinate units are deductible for Federal estate and gift tax purposes as provided in section
2055, 2106 and 2522 of the Code.
You and your exempt subordinate units are not liable for the taxes imposed under the Federal
Insurance Contributions Act (social security taxes) unless waiver of exemption certificates are,
oii have been, filed as provided In such Act. Inquiries about the waiver of exemption certificates
should be addressed to your District Director. You and your exempt subordinate units are not
liable for the tax imposed under the Federal Unemployment Tax Act. .
We have noted our records of any change in the names, addresses, character, purposes er method
of operation of pre-existing subordinate units or those which ceased to exist of which you cur-
rently notified us.
Please send us the following information annually not later than 45 days atter the close of your
annual accounting period.
•
1. Lists showing the names and mailing addresses of your new subordinate units
and the names and addresses of any units whick. have ceased to exist or have
changed their names or addresses. The names should be arranged in alphabetical
• or numerical order. In lieu of the lists referred to above you may furnish us with
a copy of your published directory. Please send us one copy of the list or di=
rectory for this office and one copy for each district in which your subordinate
units are located.
f
American Cancer Society, Inc. - 2 -
2. A statement signed by one of your principal officers stating whether or not the
information upon which your original group ruling was based is applicable in all
• respects to the new subordinate units.
3. A statement if, at the close of the year, there were no changes in your roster.
4. A statement of any changes in the character, purposes.or method of operation
of your organization or those of your subordinate units.
5. Duplicate copies of amendments to charters or bylaws of your organization or
those of any of your subordinate units.
•
Any new subordinate units that you charter must meet the organizational and operational test de-
fined in section 1.501(c)(3)-1 of the Regulations. Therefore, You.will be required to furnish on
behalf of each new subordinate unit a copy of the uniform charter or, one copy of the uniform
charter and an affidavit by one of your,principal officers stating that each of your new subordinate
units is organized and operated under that uniform charter. If the uniform charter is not adopted
by any of your subordinate units or you.do not issue a uniform charter, you must submit a copy of
the corporate charter or constitution and bylaws for each new subordinate unit.
The District Directors concerned by the changes made In your roster are being notified.
•
•
Very truly yours,
•
Chief, Exempt Organizations Branch
•
FORM &I.34441 (REV. 6.60)
Ensure 7
OAK PARK HEIGHTS CITY COUNCIL
REQUEST FOR COUNCIL ACTION
COUNCIL MEETING DATE: February 24, 1998 DATE SUBMITTED: February 20, 1998
FROM: Administrator Melena
DOCUMENT DESCRIPTION: Resolution allowing for one-day raffle on
May 6, 1998 .
BACKGROUND: Ducks Unlimited has submitted a request to conduct
a one-day raffle at the VFW on May 6, 1998 . All forms have
been completed.
COUNCIL ACTION REQUESTED: Approval of Resolution 98-02-15
approving the application by Ducks Unlimited for a one-day
raffle on May 6, 1998 .
FINANCIAL IMPLICATIONS: None.
ADMINISTRATIVE COMMENTS: Recommend approval .
REVIEWED BY:
4, 9/;204e#
CITY ADMINISTRATOR DATE FI,f• CERECTOR 'DATE
2-12 /%
CITY ATTORNEY DATE CITY ENGINEER DATE
S
RESOLUTION 98-02-15
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION GRANTING THE APPLICATION OF
DUCKS UNLIMITED, INC. TO CONDUCT A ONE-DAY
RAFFLE AT THE VFW CLUB #323 ON MAY 6, 1998
WHEREAS, Mike Dvorak, on behalf on Ducks Unlimited, Inc. has
applied with the State of Minnesota Gambling Control Board for a
permit to conduct a one-day raffle on May 6, 1998 at the site of VFW
Post #323 , 5880 Omaha Avenue North; and,
WHEREAS, the City of Oak Park Heights has reviewed the application
and finds that its purposes meet the necessary community standards;
and,
WHEREAS, the City of Oak Park Heights as solicited the input of the
public and there have been no objections to the granting of the
application for the raffle permit as applied for by Ducks Unlimited,
Inc. with the State of Minnesota Gambling Control Board.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF
OAK PARK HEIGHTS AS FOLLOWS:
That the application of Ducks Unlimited, Inc. With the State of
Minnesota Gambling Control Board to conduct a one-day raffle on May
6, 1998 at the site of VFW Post #323 , 5880 Omaha Avenue North within
the City of Oak Park Heights and the same are hereby approved.
Passed by the City Council of Oak Parks Heights this 24th day of
February, 1998 .
David D. Schaaf
ATTEST: Mayor
\C\r\V•r •C-L —
Thomas Melena
City Administrator
E�sure 8
OAK PARK HEIGHTS CITY COUNCIL
REQUEST FOR COUNCIL ACTION
COUNCIL MEETING DATE: February 24, 1998 DATE SUBMITTED: February 20, 1998
FROM: Administrator Melena
DOCUMENT DESCRIPTION: Resolution allowing for one-day raffle on
March 28, 1998 .
BACKGROUND: Whitetails Unlimited has submitted a request to
conduct a one-day raffle at the VFW on March 28, 1998 . All
forms have been completed.
COUNCIL ACTION REQUESTED: Approval of Resolution 98-02-16
approving the application by Whitetails Unlimited for a one-day
raffle on March 28, 1998 .
FINANCIAL IMPLICATIONS: None.
ADMINISTRATIVE COMMENTS: Recommend approval .
REVIEWED BY:
if-,„ (2) ,2/.2o/4 p
CITY ADMINISTRATOR DATE F DIRECTOR DATE
CITY ATTORNEY DATE CITY ENGINEER DATE
• !
RESOLUTION 98-02-16
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION GRANTING THE APPLICATION OF
WHITETAILS UNLIMITED, INC. TO CONDUCT A ONE-DAY
RAFFLE AT THE VFW CLUB #323 ON MARCH 28, 1998
WHEREAS, Patrick Toronto, on behalf on Whitetails Unlimited, Inc .
has applied with the State of Minnesota Gambling Control Board
for a permit to conduct a one-day raffle on March 28, 1998 at the
site of VFW Post #323, 5880 Omaha Avenue North; and,
WHEREAS, the City of Oak Park Heights has reviewed the
application and finds that its purposes meet the necessary
community standards; and,
WHEREAS, the City of Oak Park Heights as solicited the input of
the public and there have been no objections to the granting of
the application for the raffle permit as applied for by
Whitetails Unlimited, Inc. with the State of Minnesota Gambling
Control Board.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY
OF OAK PARK HEIGHTS AS FOLLOWS:
That the application of Whitetails Unlimited, Inc. With the
State of Minnesota Gambling Control Board to conduct a one-day
raffle on March 28, 1998 at the site of VFW Post #323, 5880 Omaha
Avenue North within the City of Oak Park Heights and the same are
hereby approved.
Passed by the City Council of Oak Parks Heights this 24th day of
February, 1998 .
David D. Schaaf
ATTEST: Mayor
Thomas Melena
City Administrator
411 •losure IV. Dl
CITY OF OAK PARK HEIGHTS
RESOLUTION 98-01-09
A RESOLUTION APPROVING THE APPLICATION
OF STILLWATER ST. CROIX VALLEY AMATEUR HOCKEY
ASSOCIATION FOR GAMBLING CONTROL BOARD
PREMISES PERMIT FOR OPERATION OF GAMBLING
ACTIVITIES WITHIN THE CITY OF OAK PARK HEIGHTS
WHEREAS, The Stillwater St . Croix Valley Amateur Hockey
Association has applied with the State of Minnesota Gambling
Control Board for a premises permit to operate a gambling
activity at the site of Stillwater Bowl, 5862 Omaha Avenue North,
within the City of Oak Park Heights; and,
WHEREAS, the application would be effective for calendar year
1998; and,
WHEREAS, the City of Oak Park Heights has reviewed the
application of the Stillwater St. Croix Valley Amateur Hockey
Association and finds that its purposes meet the necessary
community standards, proceeds being dedicated to the support of
charitable activities within the St. Croix Valley; and,
WHEREAS, the City of Oak Park Heights has solicited the input of
the public and there have been no objections to the granting of
the renewal application for the premises permit as applied for by
the Stillwater St. Croix Valley Amateur Hockey Association with
the State of Minnesota Gambling Control Board.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY
OF OAK PARK HEIGHTS AS FOLLOWS:
That the application of the Stillwater St. Croix Valley Amateur
Hockey Association with the State of Minnesota Gambling Control
Board to operate gambling activities on the site of Stillwater
Bowl, 5862 Omaha Avenue North within the City of Oak Park Heights
for calendar year 1998 and the same are hereby approved.
Passed by the City Council of Oak Park Heights this 27th day of
January, 1998 .
Mayor
Attest: David D. Schaaf
Interim City Administrator
Judy L. Holst
Enclosure IV. D2
FOR BOARD USE ONLY
Minnesota Lawful Gambling Base# Check# .-
Premises Permit Application - LG214 PP# Initials
Class of Permit Fee Date
Check one: Q Class A($400)-pull-tabs,tipboards, paddlewheels, Q Class C ($200)-bingo or bingo and
raffles, bingo pull-tabs when total gross receipts do
not exceed$50,000 per year
Ei Class B ($250)-pull-tabs, tipboards, paddlewheels, raffles Q Class D($150)-raffles only
Organization Information
Organization name(as it appears on documentation filed with Minnesota Secretary of State or Internal Revenue Service)
St. Croix Valley Amateur Hockey Association
Business address of organization-street or P.O. box(do not use the address of your gambling manager)
1100 Northland Ave.
City State/Zip County Daytime phone number
Stillwater MN / 55082 Washington (612 ) 439-8952
Name of chief executive officer(cannot be your gambling manager) Daytime phone number
Michael Polehna ( 612) 439-8952
Gambling Premises Information
Name of establishment where gambling will be conducted Street address(do not use a P.O. box number)
Stillwater Bowl 5862 Omaha Ave.
City&county where gambling premises is located-OR-Township&county where gambling premsies is located if outside city limits.
Oak Park Heights / Washington
Is the premises located within city limits? Q es n No
- Does your organization own the building where the gambling will be conducted? (i Yes ff.1 No
If no,attach the following:
• a copy of the lease(s), and
• a copy of a sketch of the floor plan with dimensions,showing what portion is being leased.
A lease and sketch are not required for class D applications.
Name and address of legal owner of premises City State/Zip code
Randall and Victoria Urtel 16551 Division St. Lakeland, MN 55043
Address(es) of Storage Space of Gambling Equipment
Do not use a P.O. box number. Attach additional sheet listing all locations where used and unused product is stored.
AddressAddress Litt State/Zip code
Advance Self Storage Lake Elmo Ave. & Hwy. 36, Unit 19 Stillwater, MN 55082
Bingo Occasions •
If applying for a class A or C permit, enter days and beginning/ending hours of bingo occasions(indicate A.M. or
P.M.). No more than ten bingo occasions may be conducted by your organization per week. An occasion must
be at least one and one-half hours, not to exceed four hours.
pay Beginning/Ending Hours Day Beginning/Ending Hours y Beginning/Ending Hours
to to to
to to to
to to to
to If bingo will not be conducted,check here r7
Page 1 of 2
11/97
•
Page 2 of 2 •
Premises Permit Application - LG214 • 11/97
Gambling Bank Account Information
Bank name Bank account number
1st State Bank of Bayport 4810609
Bank address City State/Zip code
950 N Hwy 95 Bayport MN 55003
Name, address,and title of persons authorized to sign checks and make deposits and withdrawals Organization's'
treasurer may not handle gambling funds.
Name Address Title
Michael Polehna CEO 1100 Northland Ave. , Stillwater CEO
Troy Pearson 2171 Oak Glen Trail, Stillwater President
"nawm 7,p11mar 1211 Nmrtn 3rd StrPPt, 4ti11wat.er Secretary
Bonnie Vogel 10684 Lansing Ave N. , Stillwater Gambling Manager
Acknowledgment
Gambling site authorization
I hereby consent that local law enforcement officers,the board • I am the chief executive officer of the organization;
or agents of the board, or the commissioner of revenue or • I assume full responsibility for the fair and lawful
public safety or agents of the commissioners, may enter the operation of all activities to be conducted;
premises to enforce the law. • I will familiarize myself with the laws of Minnesota
Bank records information governing lawful gambling and rules of the board and
The board is authorized to inspect the bank records of the agree, if licensed, to abide by those laws and rules,
gambling account whenever necessary to fulfill requirements including amendments to them;
of current gambling rules and law. • any changes in application information will be submitted
Oath to the board and local unit of government within ten
I declare that: days of the change;and
• I have read this application and all information submitted • I understand that failure to provide required information
to the board is true, accurate, and complete; or providing false or misleading information may result
• all other required information has been fully disclosed; in the denial or revocation of the license.
/ /
Signature f chief executive officer Date
Local Unit of Government Acknowledgment and Approval
iff the gambling�,
... premises is,wllthlin ci l�initsthe city mins s atn's-app tion°"
On behalf of the city, I hereby acknowledge this application . if
o Duk Pa/.
for lawful gambling activity at the premises located within
the city's jurisdiction, and that a resolution specifically P ' t name of city
approving or denying the application will be forwarded to
the applying organization. S' nature f city personnel receiving application
TitleTnl/QCr/,i //drn/'a/ w1or Date //o2// ger
fif the gambling<premises is located in a township, both the county`and toviiriship mustsrgnthis applicatioit
..� �.... aH � ,. ...._� � . .. �. �, � .. ..
For the township: On behalf of the township, I acknowledge
that the organization is applying to conduct lawful gambling
activity within the township limits. Print name of township
A township has no statutory authority to approve or deny an Signature of township official acknowledging application
application (Minn. Stat.sec. 349.213,subd. 2).
Title Date / /
For the county: On behalf of the county, I hereby
acknowledge this application for lawful gambling activity at Print name of county
the premises located within the county's jurisdiction,and
that a resolution specifically approving or denying the
application will be forwarded to the applying organization. Signature of county personnel receiving application
Title Date / /
Questions? Call the Licensing Section of the Gambling Control Board at(612)639-4000.If you use a TTY,you can call the Board by using
the Minnesota Relay Service at 1-800-627-3529 and ask to place a call to(612)639-4000.This form will be made available in alternative
format(i.e.large print,Braille)upon request. The information requested on this form will become public information when received by the
Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities.
N Minnesota Lawful Gambling
• Lease for Pull-Tab, Paddevheel, Tipboard, and/or Rae Activity - LG221
Name of Legal Owner of Premises Street Address City Zip Daytime Phone
Randall & Victoria Urtel 16551 Division St. Lakeland 55043 ( 612 ) 436-7876
Name of Lessor Street Address City Zip Daytime Phone
(If same as legal owner,write in"SAME")
SAME ( )
Name of Leased Premises Street Address City Zip Daytime Phone D44,41
Stillwater Bowl 5862 Omaha Ave. Oak Park Heights 55082 ( 612 ) 439
Name of Lessee(name of organization leasing the premises) GCB license no.of organization Daytime Phone
St. Croix Valley Amateur Hockey Assn. b-03375 ( 612 ) 430-8149
Rent Information
• Total rent cannot exceed $1,000 per month for all • An organization may not pay rent to itself or to
non-bingo activity for this premises. any of its affiliates for space used for the conduct
• For bingo activity, use lease form LG222. of lawful gambling.
• For pull-tab dispensing machines, use lease form
LG223. Rent to be paid per month $ 1,000.00
(If no rent is to be paid,indicate-0-)
Sketch and Dimensions of Leased Area
Sketch: For all areas being leased for the conduct For Premises Permit Renewal Applications Only- If no
of gambling and storage of gambling product at this changes have been made at the site,you do not have to
premises, attach a sketch (drawing) showing: (1) the complete this section or provide a-sketch =
leased area(s), and (2) the dimensions.
Dimensions
The leased areas are: 12.5 feet by 8 feet for a total of 100 square feet
feet by feet for a total of square feet.
feet by feet for a total of square feet.
Storage feet by feet for a total of square feet
•
Storage feet by feet for a total of square feet
Combined total square feet
Lawful Gambling Activity
Type of gambling activity that will be conducted at this gambling premises. Check all that apply.
Paddlewheels XX Pull-Tabs XX Raffles XX Tipboards
Term of Lease Amended.Lease Only
The term of this lease agreement will be concurrent with the If this is an amended lease showing changes occurring dur-
premises permit issued by the Gambling Control Board, ing the term of the current premises permit, write in the
unless terminated sooner by mutual consent of the lessor date that the changes will be effective / /
and lessee. Both parties that signed the lease must initial and date all
changes.
Questions on this form should be directed to the Licensing The information requested on this form will be used by the
Section of the Gambling Control Board at (612) 639-4000. Gambling Control Board(Board)to determine your compliance
This publication will be made available in alternative format with Minnesota statutes and rules governing lawful gambling
(i.e. large print, Braille) upon request. Hearing impaired activities. All of the information that you supply on this form
individuals using a TTY may call the Minnesota Relay Service will become public information when received by the Board
at 1-800-627-3529 and ask to place a call to(612)639-4000. except,if required,your Social Security number,which remains
private.
• Pace 1 cf 2
Rev. 8/97
Lease for Pull-Tab, P4dlewheel, Tipboard, and/or ffle Activity - LG221 -
LESSOR PROHIBITIONS agents are found to be solely 4. The lessor shall not modify or
Management of Gambling responsible for any illegal gambling terminate this lease in whole or in part
Prohibited conducted at that site that is due to the lessor's violation of the
prohibited by Minnesota Rules,part provisions listed on this lease.
The owner of the premises or the lessor 7861.0050,subpart 1,or Minnesota
will not manage the conduct of gambling Statutes,section 609.75, unless the Arbitration Process
at the premises. organization's agents responsible for The lessor agrees to arbitration when a
Participation as Players Prohibited the illegal gambling activity are also violation of these lease provisions is
agents or employees of the lessor. alleged.The arbitrator shall be the CRG.
The lessor,the lessors immediate fami ', 4. The lessor shall not modify or
and any agents or gambling employees ACCESS TO PERMITTED PREMISES
of the lessorwill not participate as players terminate the lease in whole or in part
in the conduct of lawful gambling on the because the organization reported to State of Minnesota and Law
premises. a state or local law enforcement Enforcement
authority or the board the occurrence
Illegal Gambling at the site of illegal gambling activity The board and its agents, the
1. The lessor is aware of the prohibition in which the organization did not commissioners of revenue and public
against illegal gambling in Minnesota Participate. safety and their agents, and law
Statutes, section 609.75, and the Other Prohibitions enforcement personnel have access to
penalties for illegal gambling the permitted premises at any
violations in Minnesota Rules, part 1. The lessorwill not impose restrictions reasonable time during the business
7861.0050,subpart 3. on the organization with respect to hours of the lessor.
• providers(distributors)of gambling-
2. To the best of the lessor's knowledge, related equipment and services or in Organization
the lessor affirms that any and all the use of net profits for lawful The organization has access to the
games or devices located on the purposes. permitted premises during any time
premises are not being used,and are 2. The lessor, the lessor's immediate reasonable and when necessary for the
not capable of being used, in afamily,and any agents or employees conduct of lawful gambling on the
manner that violates the prohibitions of the lessor will not require the premises.
against illegal gambling in Minnesota
Statutes, section 609.75, and the organization to perform any action LESSOR RECORDS MAINTAINED
penalties for illegal gambling that would violate statute or rule.
violations in Minnesota Rules, part 3. If there is a dispute as to whether any The lessor shall maintain a record of all
7861.0050,subpart 3. of these lease provisions have been money received from the organization,
violated,the lease will remain in effect and make the record available to the
3. Notwithstanding Minnesota Rules, pending a final determination by the board and its agents,the commissioners
part 7861.0050, subp. 3, an of revenue andublic safetyand their
organization must continue making Compliance Review Group(CRG)of agents upon demand.The rcord shall
rent payments,pursuant to the terms the Gambling Control Board.
P Y be maintained fora period of 3-12 years.
of the lease,if the organization or its fifi
3!
OTHER OBLIGATIONS AND AGREEMENTS -Attachment .
All obligations and agreements between the organization and the lessor are contained in or attached to this lease. _I
e.
(Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and
the lessee.)
Rent will be paid on or before the 10th day of the month.
Lessee will pay the portionof utilities and garbage used for the operation of
c hari table s ambg]i n .
This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities
other than bingo and pull-tab dispensing devices.There is no other agreement and no other consideration required between
the parties as to the lawful gambling and other matters related to this lease.Any changes in this lease will be submitted to
the Gambling Control Board ten days prior to the effective date of the change.
/
Signature of Lessor Date Si natur of Organization Official Lessee /-10,A2--
Signature
���� 9 r9 (Lessee)
Vi(Yori4 L . Ude-/ 6)-O rer Michael P le,hnoL , G go
Print Name and Title of Lessor Print Name and Title of Lessee
Page 2 of 2
Rev. 8/97
I
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' • ,nclosure IV. 8A
CITY OF OAK PARK HEIGHTS
RESOLUTION 98-01-05
A RESOLUTION APPROVING THE APPLICATION OF
VETERANS OF FOREIGN WARS POST #323
FOR GAMBLING CONTROL BOARD PREMISES PERMIT FOR
OPERATION OF GAMBLING ACTIVITIES WITHIN THE
CITY OF OAK PARK HEIGHTS
WHEREAS, VFW Post #323 has applied with the State of Minnesota
Gambling Control Board for a premises permit to operate a
gambling activity at the site of VFW Post #323, 5880 Omaha Avenue
North, within the City of Oak Park Heights; and,
WHEREAS, the application would be effective for calendar year
1998; and,
WHEREAS, the City of Oak Park Heights has reviewed the
application of VFW Post #323 and finds that its purposes meet the
necessary community standards, proceeds being dedicated to the
support of charitable activities within the St. Croix Valley;
and, '
WHEREAS, the City of Oak Park Heights has solicited the input of
the public and there have been no objections to the granting of
the renewal application for the premises permit as applied for by
VFW Post #323 with the State of Minnesota Gambling Control Board.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY
OF OAK PARK HEIGHTS AS FOLLOWS:
That the application of VFW Post #323 with the State of Minnesota
Gambling Control Board to operate gambling activities on the site
of VFW Post #323 at 5880 Omaha Avenue North within the City of
Oak Park Heights for calendar year 1998 and the same are hereby
approved.
Passed by the City Council of Oak Park Heights this 13th day of
January, 1998 .
Mayor
Attest: David D. Schaaf
Interim City Administrator
Judy L. Hoist
- ' • •Enclosure
IV. 8B
West STATE OF MINNESOTA IFOR BOARD USE ONLY
GAMBLING CONTROL BOARD (AMT PAID
PREMISES PERMIT RENEWAL APPLICATION (CHECK NO. I
LG214PPR PRINTED: IDATE I
LICENSE NUMBER: A-00380-001 EFFECTIVE DATE: 04/01/96 EXPIRATION DATE: 03/31/98
NAME OF ORGANIZATION: VFW Post 323 Oak Park Heights
GAMBLING PREMISES INFORMATION
NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED
VFW Post 323
5880 Omaha Ave N
Oak Park Heights 55082
COUNTY Washington IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y
LESSOR INFORMATION
DOES YOUR ORGANIZATION OWN THIS SITE?: Yes T
IF NO, LIST THE LESSOR: ., . ' 4 ,
, ..i.. a''# '4,i '4C ..T-1 .et 4.i (4 . i,."E i(.#.L..� .4 z 1..',1 f• t :4-4T12 4' I
NAME OF PROPERTY OWNER (WHEN NOT NOT LESSOR) 1? y. y '
1'"�[[yy 4fi.J•#r' �'+XY w3.,+' 7 `SS } 'L'L/ t7 "
--- �.}�.„,...!..„,,,:_,::.:,,,:;,...t.-`,. ...N. .- -----t--..,,,,----,,,,,,,,-,,,,,,,,,,,,-a ..,..- ,,,,v,...14,1„,, Y «.n. ,..'.")/,,,,,,‘,,,,,,,,.
, ,, xt'.w� ,,«.r',*..w —....«._.
SQUARE FEET PER. , �, ` V AMOUNT PAID„FOR RENT PER MONTH 0
SQUARE FEET PER MONTH 0a. Nk • ,1, u
Q OCCASION: {;P ,�, � , AMOUNT.PAID PER OCCASION 'STIP;, 'r,0
---,-,.-----4-:,-„, V..V r,.r�..� .f:;;C'
a �, , ti".:'',,'v�"Ev,yR 'mud+'. tl 4� nkri. ds, ,2.4;di •'k” al ;5,^4}w..
-4:!,i,'"*.''
r * ,7,",,n- '''"*". Yea -:4''$. C
C al tr r s,# w r yti BINGO`ACTIVITY s x e' .. .K ' t ,. fi -4 F �.`,
ON THIS PREMISES: Yes IF,:.YES ' REFER'TO INSTRU a O�s, .EDA t
BINGO IS CONDUCTED. � , � � � CTIONS FORrREQUIRED ;ATTACHMENT
STORAGE ADDRESS t. , r ' �. .
5880 Omaha Ave N
Oak Park Heights MN 55082 Y
y I
' `BANK INFORMATION
Central Bank
5995 Oren Ave N
Oak Park Heights MN 55082
GAMBLING BANK ACCOUNT NUMBER: 208207
ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONSr )`
r't
AUTHORIZED TO.SIGN CHECKS AND MAKE DEPOSITS,;AND WITHDRAWALS_FOR THE GAMBLING ACCOUNT. _
THE ORGANIZATION'S TREASURER MAY NOT, HANDLE GAMBLING FUNDS:
AO-
v,."1-.-
� h
. _ S�v' Wim /� ; en
o
(BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION)
THIS FORM WILD BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. .LARGE PRINT, BRAILLE) UPON REQUEST
• • Enclosure IV. 9A
CITY OF OAK PARK HEIGHTS
RESOLUTION 98-01-06
A RESOLUTION APPROVING THE APPLICATION
OF STILLWATER ST. CROIX VALLEY AMATEUR HOCKEY
ASSOCIATION FOR GAMBLING CONTROL BOARD
PREMISES PERMIT FOR OPERATION OF GAMBLING
ACTIVITIES WITHIN THE CITY OF OAK PARK HEIGHTS
WHEREAS, The Stillwater St . Croix Valley Amateur Hockey
Association has applied with the State of Minnesota Gambling
Control Board for a premises permit to operate a gambling
activity at the site of Millroad Inn, 15506 North 59th Street,
within the City of Oak Park Heights; and,
WHEREAS, the application would be effective for calendar year
1998; and,
WHEREAS, the City of Oak Park Heights has reviewed the
application of the Stillwater St. Croix Valley Amateur Hockey
Association and finds that its purposes meet the necessary
community standards, proceeds being dedicated to the support of
charitable activities within the St. Croix Valley; and,
WHEREAS, the City of Oak Park Heights has solicited the input of
the public and there have been no objections to the granting of
the renewal application for the premises permit as applied for by
the Stillwater St. Croix Valley Amateur Hockey Association with
the State of Minnesota Gambling Control Board.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY
OF OAK PARK HEIGHTS AS FOLLOWS:
That the application of the Stillwater St. Croix Valley Amateur
Hockey Association with the State of Minnesota Gambling Control
Board to operate gambling activities on the site of Millroad Inn,
15506 North 59th Street within the City of Oak Park Heights for
calendar year 1998 and the same are hereby approved.
Passed by the City Council of Oak Park Heights this 13th day of
January, 1998 .
Mayor
Attest: David D. Schaaf
Interim City Administrator
Judy L. Hoist
• Enclosure IV. 9B
illWest STATE OF MINNESOTA IFOR BOARD USE ONLY!
GAMBLING CONTROL BOARD IAMT PAID
• PREMISES PERMIT RENEWAL APPLICATION 'CHECK NO. I
LG214PPR PRINTED: IDATE I
LICENSE NUMBER: B-03375-001 EFFECTIVE DATE: 04/01/96 EXPIRATION DATE: 03/31/98
NAME OF ORGANIZATION: Hockey Stillwater St Croix Valley Amateur Assoc
GAMBLING PREMISES INFORMATION
NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED
Millroad Inn
15506 N 59th St
Oak Park Hts 55003
COUNTY Washington IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y
LESSOR INFORMATION
DOES YOUR ORGANIZATION
N OWN THIS SITE?: No
IF NO, LIST THE LESSOR: . : ., _
Mark Menge . _..T
Bayport MN 55003 ;` 1 " -, i,-s r,s y F,, i
NAME OF PROPERTY OWNER (WHEN NOT LESSOR) r ,. r r'�, i'+'s r-� 14,3 „1,- He v s e,e_'.41 :
...",„4'.i,1-..,4,:.... ,::::4'414,i SA t .1 Y a ,, .. .. 1„. 1,.
n �CS, +rw� ..AY %3H. .«c
SQUARE FEET PER MONTH ,, 25 ,, AMOUNT :PAID FOR RENT PER MONTH 1,,1.1,4000.;L,,4
�,
� SQUARE FEET PERS CAS Nc... "c 0 c ? r , , , ',i AMOUNT PAID ^PER?OCCAS IO ,,„,,� t 'tt 0 r 1
▪ x i'x',5'`c �y:'ly?'N .��-$a” < '$''' ' ' n 04%„,',,..x,',-"r y^ y 1'{;' a;C.r `• a ,•z -"+,4, .' yy}} v 6' A •z✓ t ,
4.. ri ^k , aY NC1 d' , {` fs"`R'.,,, J• n ry , '6 z` "`` 1 �v�� 4 ,' .nS - ,,,,y,i =,
�� r ,--, „"' wr :BINGO ACTIVITY '' '. ., '`'' ' s '''- � w # ,-.,d Fri' '
BINGO IS ;CONDUCTED ON THIS.PREMISES No Ii-,YES, REFER` TO INSTRUCTIONS FOR':REQUIRED ATTACHMENT C
- 'a `• : r "t-Sires` 1d k,.a A.xy a.� 4+a xr. '7'1'4
L A '' !f
a
4 .S, w s,. fi.-✓.. L i.L§„+0'-F ,.4't : ° .'a_„t 1 °FN4zq ufi75J +t- a
i, STORAGE ADDRESS , Advanced Self Storage , `�
r e,x;r 1fake 1ELno Ave & Hwy 36
$(1(4(Kx txatatx rX.TSC „ ' r
Unit 19
Stillwater, `ate
..., . . . ` in 55082
BANK INFORMATION
a x i ,
1st State BankLL of .Bayport >f; t
950 N Hwy 95 ”'
r
Bayport MN 55082
GAMBLING BANK ACCOUNT NUMBER 4810609
ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS ..
AUTHORIZED TO SIGN;CHECKS AND MAKE DEPOSITS t AND WITHDRAWALS :FOR ;,THE GAMBLING ACCOUNT. ;,
THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS
Mike Polehna,.,:CE0 ,2:-',i',,,,..1.-, ,,� 1r, ,t.`
r.Y Troy Pearson, -President' f
Dawn`Zellmer,. Secretary , ;;.,.
Bonnie Vogel, Gambling Manager •
(BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION)
THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST
s
4
•
ACKNOWLEDGMENT
GAMBLING PREMISES AUTHORIZATION
I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS
OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS,
TO ENTER THE PREMISES TO ENFORCE THE LAW.
BANK RECORDS INFORMATION
THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT
WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES.
I DECLARE THAT:
• I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD;
• ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE; ;
• ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED;
• I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION;
• I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING
ACTIVITIES TO BE CONDUCTED;
• I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES
OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS
AND RULES, INCLUDING AMENDMENTS TO THEM;
• ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND
LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE;
- I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING
INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT.
SIGNATURE OF CHIEF EXE.1' IVEOFFICER
•
x�'$` U�ST'a':,prS:
4 14;f � IGi-Ne¢4't.�a6;cT.ya.H�}T`SI�«Sk-'°=�APwP-. L+Ie.•:C.{A"�`Ekrv
hs"rew��3akr'�14yLOCAL GOVERNMENT ACKNOWLED
1. THE MUST*SIG_' THIS APPLICATION `IF,THE GA.#MBLING PREMES_LS. LO-.CATED y7 WI
4.a 1004k ; TION IF THE GAMBLING PREMISES
a,�r,'lCIe.+L�t+S
2. THE COUNTY** AND ETOWNHIP**
TOWNSHIP 41,,440'041* a '
LOCATED'WITH
3. FOR- TOWNSHIPS THAT 'ARE r_UNORGANIZEDTHE
Ix�
^'T�i4�•.'iY�"'�.,Y':-w',E ",•a,',',t,!
ty
ff�5
OR UNINCORPORATED, THECOUNTY** ISRE REQUIRED TO-ATTACH
A LETTER.TO 'THIS`APPLICATION,1INDICATINGTHE TOWNSHIPS STATUS. ,,
4. - THE LOCAL UNIT OF'GOVEME
RNNT'"1CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY 't
APPROVING OR DENYING TH S'APPLICATION. � �� „4.„,„ 1
5. .. A COPY OF THE LOCALUNI'T' OF"GOVERNMENT'SRESOLUTION APPROVING THIS APPLICATION MUST BE
ATTACHED TO THIS APPLICATION.
6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD'NOT`BE SUBMITTED, 4
TO THE GAMBLING CONTROL BOARD. ' r
F
TOWNSHIP:
BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A
PREMISES PERMIT WITHIN TOWNSHIP LIMITS. � °
CITY* OR COUNTY** r '' TOWNSHIP**
CITY OR COUNTY NAME I TOWNSHIP NAME rc "'
City of Oak: Park_ Heights I ' f yS7.
;)
SIG k. • URE OF PER ON RECEIVING APPLICATION I SIGNATURE-:OF PERSON RECEIVING APPLICATION
TIS/E DATE RECEIVED I TITLE DATE RECEIVED
Interim Administrator 1-8-98
REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS
MAIL TO: GAMBLING CONTROL BOARD
1711 W COUNTY RD B — SUITE 300 S `
ROSEVILLE, MN 55113
• •
v....t. r,,,...,7
St. Croix Valley Hockey
46,.... Association
January 7, 1998
City Clerk Judy
City of Oak Park Heights
Dear Judy,
Attached is the premised permit renewal application for the operation of charitable
gambling at the Millroad Inn. The renewal is effective 04/01/98 through 03/31/00.
Our lawful purpose spending for 1996 and 1997 are as follows:
Description 1996 * 1997
General operating expenses for St. Croix $ 17,539.81 $ 12,447.36
Valley Hockey Association
Annual Audit $ 1,280.00 $ 1,150.00
Ice Time for Youth Program(Lily Lake) $ 42,000.00 $ 21,152.50
TOTAL $ 60,819.81 $ 34,749.86
* Through November 1997. The profit carry-over available for lawful purpose is
$26,066.11 as of 11-30-97. There are additional bills for ice time for the 97-98 hockey
season that a portion of this carry-over will be allocated for.
Thank you for your assistance. Please let me know if there is any other information you
need to process this application.
Sincerely,
47/44A; ' ',ei
Bonnie VogeleSCVHA Gambling Manager
430-8149
S.C.V.H.A. * P.O. Box 293 * Stillwater, MN * 55082
• r
1!!!!:
nSTAATE OFy�o m m s o U lr-,�
DEPARTMENT OF NATURAL RESOURCES
500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40
DNR INFORMATION
(612) 296-6157
'( CFiV �)
U
April 9, 1991 APR 1 7 1991
f
LaVonne Wilson, Administrator-Treasurer
City of Oak Park Heights
Box 2007
14168 - 57th Street North
Stillwater, MN 55082
Dear Ms. Wilson:
Enclosed is a new model illOMMOIMIWOOMMWe which most closely meets
your community's needs. As you are probably already aware, the
Federal Emergency Management Agency (FEMA) and the Minnesota DNR have
negotiated this model ordinance to reflect the changes in federal
regulations which were actually effective in 1986. Because of these
changes every community in the National Flood Insurance Program is
being required to amend their floodplain zoning ordinances.
Please note that the new model is also available (at no charge) on
floppy disk for a personal computer. Available formats are Microsoft
Word and ASCII.
If you prefer to amend the existing ordinance we would have to review
it more closely to be sure there are no omissions. Although state N.
regulations allow 6 months to amend your ordinance, federal
regulations only allow 90 days from the receipt of this letter for
amendments to non-compliant ordinances. It is suggested that you
attempt to meet the federal deadline in order to avoid any possible
sanctions imposed by FEMA. Because state law also requires that a
proposed local ordinance be reviewed and approved 30 days prior to
adoption, please send any drafts being considered for adoption to Area
Hydrologist Molly Shodeen in 60 days.
Please feel free to contact your Ms. Shodeen or myself (612-296-9224)
if you have any questions.
Sincerely,
OaLAIALLOAA
dy Boudreau
FEMA-CAP Hydrologist
cc: Mayor Barb O'Neal
Molly Shodeen, Area Hydrologist (612-772-7910)
John Linc Stine, Regional Hydrologist
'VIZ AN EQUAL OPPORTUNITY EMPLOYER
•
Sample Two District Floodplain Management Ordinance
Two-Map Format
October 17, 1990
TABLE OF CONTENTS
PAGE
SECTION 1. 0 STATUTORY AUTHORIZATION, FINDINGS OF
FACT AND PURPOSE 1
1.1 Statutory Authorization 1
1.2 Findings of Fact 1
1.3 Statement of Purpose 1
SECTION 2.0 GENERAL PROVISIONS 1
2. 1 Lands to Which Ordinance Applies 1
2 .2 Establishment of Official Zoning Map 1
2 . 3 Regulatory Flood Protection Elevation 2
2 .4 Interpretation 2
2.5 Abrogation and Greater Restrictions 2
2.6 Warning and Disclaimer of Liability 2
2 .7 Severability 2
2.8 Definitions 2
SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 4
3. 1 Districts 4
3 .2 Compliance 4
SECTION 4.0 FLOODWAY DISTRICT (FW) 5
4. 1 Permitted Uses 5
4.2 Standards for Floodway Permitted Uses 5
4.3 Conditional Uses 5
4.4 Standards for Floodway Conditional Uses 6
SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 7
5. 1 Permitted Uses 7
5.2 Standards for Flood Fringe Permitted
Uses 8
5.3 Conditional Uses 8
5.4 Standards for Flood Fringe Conditional
Uses 8
5.5 Standards for All Flood Fringe Uses 10
SECTION 6. 0 Reserved for Future Use
SECTION 7.0 SUBDIVISIONS 11
7. 1 Land Suitability Review Criteria 11
411 411
7.2 Removal of Special Flood Hazard Area
Designation 11
SECTION 8.0 UTILITIES, RAILROADS, ROADS, AND
BRIDGES 11
8. 1 Public Utilities 11
8.2 Public Transportation Facilities 11
8.3 On-site Sewage Treatment and Water
Supply Systems 12
SECTION 9.0 MANUFACTURED HOMES/TRAVEL TRAILERS AND
TRAVEL VEHICLES 12
9.1 New Manufactured Home Parks 12
9.2 Replacement Manufactured Homes-
Existing Parks 12
9. 3 Travel Trailers/Travel Vehicles 12
SECTION 10.0 ADMINISTRATION 13
10. 1 Zoning Administrator 13
10.2 Permits, Certification Requirements
and Record Keeping 14
10.3 Appeals and Variances/Duties of the
Board of Adjustment 15
10.4 Conditional Uses-Standards and
Evaluation Procedures 16
SECTION 11.0 NONCONFORMING USES 18
SECTION 12.0 PENALTIES FOR VIOLATION 19
SECTION 13. 0 AMENDMENTS 20
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SAMPLE TWO DISTRICT FLOOD PLAIN MANAGEMENT ORDINANCE
TWO-MAP FORMAT
SECTION 1. 0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND
PURPOSE
1. 1 Statutory Authorization: The legislature of the State
of Minnesota has, in Minnesota Statutes Chapter 103F and
(Zoning Enabling Statute)
delegated the responsibility to local government units to
adopt regulations designed to minimize flood losses.
Therefore, the of
(governing body)
, Minnesota does ordain as follows:
(local unit)
1.2 Findings of Fact:
1.21 The flood hazard areas of
(local unit)
Minnesota, are subject to periodic inundation which results
in potential loss of life, loss of property, health and
safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all
of which adversely affect the public health, safety, and
general welfare.
1.22 Methods Used to Analyze Flood Hazards. This
Ordinance is based upon a reasonable method of analyzing
flood hazards which is consistent with the standards
established by the Minnesota Department of Natural
Resources.
1. 3 Statement of Purpose: It is the purpose of this
Ordinance to promote the public health, safety, and general
welfare and to minimize those losses described in Section
1.21 by provisions contained herein.
SECTION 2.0 GENERAL PROVISIONS
2 . 1 Lands to Which Ordinance Applies: This ordinance shall
apply to all lands within the jurisdiction of
shown on the Official Zoning
(local unit)
Map and/or the attachments thereto as being located within
the boundaries of the Floodway or Flood Fringe Districts.
2 . 2 Establishment of Official Zoning Map: The Official
Zoning Map together with all materials attached thereto is
hereby adopted by reference and declared to be a part of
1
this ordinance. The attached material shall include the
Flood Insurance Study for the prepared by
(local unit)
the Federal Insurance Administration dated
and the Flood Boundary and Floodway Map dated
and Flood Insurance Rate Map dated therein.
The Official Zoning Map shall be on file in the Office of
the and the
(City Clerk/County Auditor)
(Zoning Administrator)
2 . 3 Regulatory Flood Protection Elevation: The Regulatory
Flood Protection Elevation shall be an elevation no lower
than one foot above the elevation of the regional flood plus
any increases in flood elevation caused by encroachments on
the flood plain that result from designation of a floodway.
2 .4 Interpretation:
2 . 41 In their interpretation and application, the
provisions of this Ordinance shall be held to be minimum
requirements and shall be liberally construed in favor of
the Governing Body and shall not be deemed a limitation or
repeal of any other powers granted by State Statutes.
2 .42 The boundaries of the zoning districts shall be
determined by scaling distances on the Official Zoning Map.
Where interpretation is needed as to the exact location of
the boundaries of the district as shown on the Official
Zoning Map, as for example where there appears to be a
conflict between a mapped boundary and actual field
conditions and there is a formal appeal of the decision of
the Zoning Administrator, the Board of Adjustment shall make
the necessary interpretation. All decisions will be based
on elevations on the regional (100-year) flood profile and
other available technical data. Persons contesting the
location of the district boundaries shall be given a
reasonable opportunity to present their case to the Board
and to submit technical evidence.
2 . 5 Abrogation and Greater Restrictions: It is not intended
by this Ordinance to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions.
However, where this Ordinance imposes greater restrictions,
the provisions of this Ordinance shall prevail. All other
ordinances inconsistent with this Ordinance are hereby
repealed to the extent of the inconsistency only.
2 . 6 Warning and Disclaimer of Liability: This Ordinance
does not imply that areas outside the flood plain districts
or land uses permitted within such districts will be free
from flooding or flood damages. This Ordinance shall not
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create liability on the part of or
(name of local unit)
any officer or employee thereof for any flood damages that
result from reliance on this Ordinance or any administrative
decision lawfully made thereunder.
2 .7 Severability: If any section, clause, provision, or
portion of this Ordinance is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the remainder
of this Ordinance shall not be affected thereby.
2.8 Definitions: Unless specifically defined below, words
or phrases used in this Ordinance shall be interpreted so as
to give them the same meaning as they have in common usage
and so as to give this Ordinance its most reasonable
application.
2 .811 Accessory Use or Structure - a use or structure on the
same lot with, and of a nature customarily incidental and
subordinate to, the principal use or structure.
2 .812 Basement - means any area of a structure, including
crawl spaces, having its floor or base subgrade (below
ground level) on all four sides, regardless of the depth of
excavation below ground level.
2.813 Conditional Use - means a specific type of structure
or land use listed in the official control that may be
allowed but only after an in-depth review procedure and with
appropriate conditions or restrictions as provided in the
official zoning controls or building codes and upon a
finding that: (1) certain conditions as detailed in the
zoning ordinance exist and (2) the structure and/or land use
conform to the comprehensive land use plan if one exists and
are compatible with the existing neighborhood.
2.814 Equal Degree of Encroachment - a method of determining
the location of floodway boundaries so that flood plain
lands on both sides of a stream are capable of conveying a
proportionate share of flood flows.
2 .815 Flood - a temporary increase in the flow or stage of a
stream or in the stage of a wetland or lake that results in
the inundation of normally dry areas.
2 .816 Flood Frequency - the frequency for which it is
expected that a specific flood stage or discharge may be
equalled or exceeded.
2.817 Flood Fringe - that portion of the flood plain outside
of the floodway. Flood fringe is synonymous with the term
"floodway fringe" used in the Flood Insurance Study for
(local unit)
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2 .818 Flood Plain - the beds proper and the areas adjoining
a wetland, lake or watercourse which have been or hereafter
may be covered by the regional flood.
2.819 Flood-Proofing - a combination of structural
provisions, changes, or adjustments to properties and
structures subject to flooding, primarily for the reduction
or elimination of flood damages.
2 .820 Floodway - the bed of a wetland or lake and the
channel of a watercourse and those portions of the adjoining
flood plain which are reasonably required to carry or store
the regional flood discharge.
2 .821 Obstruction - any dam, wall, wharf, embankment, levee,
dike, pile, abutment, projection, excavation, channel
modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or
projecting into any channel, watercourse, or regulatory
flood plain which may impede, retard, or change the
direction of the flow of water, either in itself or by
catching or collecting debris carried by such water.
2.822 Principal Use or Structure - means all uses or
structures that are not accessory uses or structures.
2 .823 Reach - a hydraulic engineering term to describe a
longitudinal segment of a stream or river influenced by a
natural or man-made obstruction. In an urban area, the
segment of a stream or river between two consecutive bridge
crossings would most typically constitute a reach.
2 .824 Regional Flood - a flood which is representative of
large floods known to have occurred generally in Minnesota
and reasonably characteristic of what can be expected to
occur on an average frequency in the magnitude of the 100-
year recurrence interval. Regional flood is synonymous with
the term "base flood" used in the Flood Insurance Study.
2.825 Regulatory Flood Protection Elevation - The Regulatory
Flood Protection Elevation shall be an elevation no lower
than one foot above the elevation of the regional flood plus
any increases in flood elevation caused by encroachments on
the flood plain that result from designation of a floodway.
2 .826 Structure - anything constructed or erected on the
ground or attached to the ground or on-site utilities,
including, but not limited to, buildings, factories, sheds,
detached garages, cabins, manufactured homes, travel
trailers/vehicles not meeting the exemption criteria
specified in Section 9.31 of the ordinance and other similar
items.
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2 .827 Variance means a modification of a specific
permitted development standard required in an official
control including this ordinance to allow an alternative
development standard not stated as acceptable in the
official control, but only as applied to a particular
property for the purpose of alleviating a hardship,
practical difficulty or unique circumstance as defined and
elaborated upon in a community's respective planning and
zoning enabling legislation.
SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS
3 . 1 Districts:
3 . 11 Floodway District. The Floodway District shall
include those areas designated as floodway on the Flood
Boundary and Floodway Map adopted in Section 2.2 .
3. 12 Flood Fringe District. The Flood Fringe District
shall include those areas designated as floodway fringe on
the Flood Boundary and Floodway Map adopted in Section 2.2 .
3 .2 Compliance: No new structure or land shall hereafter be
used and no structure shall be located, extended, converted,
or structurally altered without full compliance with the
terms of this Ordinance and other applicable regulations
which apply to uses within the jurisdiction of this
Ordinance. Within the Floodway and Flood Fringe Districts,
all uses not listed as permitted uses or conditional uses in
Sections 4.0, 5.0 and 6.0 that follow, respectively, shall
be prohibited. In addition, a caution is provided here
that:
3 .21 New manufactured homes, replacement manufactured
homes and certain travel trailers and travel vehicles are
subject to the general provisions of this Ordinance and
specifically Section 9.0;
3 .22 Modifications, additions, structural alterations or
repair after damage to existing nonconforming structures and
nonconforming uses of structures or land are regulated by
the general provisions of this Ordinance and specifically
Section 11.0; and
3.23 As-built elevations for elevated or flood proofed
structures must be certified by ground surveys and flood
proofing techniques must be designed and certified by a
registered professional engineer or architect as specified
in the general provisions of this Ordinance and specifically
as stated in Section 10. 0 of this Ordinance.
SECTION 4.0 FLOODWAY DISTRICT (FW)
4. 1 Permitted Uses:
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4. 11 General farming, pasture, grazing, outdoor plant
nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
4. 12 Industrial-commercial loading areas, parking areas,
and airport landing strips.
4. 13 Private and public golf courses, tennis courts,
driving ranges, archery ranges, picnic grounds, boat
launching ramps, swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shooting preserves,
target ranges, trap and skeet ranges, hunting and fishing
areas, and single or multiple purpose recreational trails.
4 . 14 Residential lawns, gardens, parking areas, and play
areas.
4.2 Standards for Floodway Permitted Uses:
4 .21 The use shall have a low flood damage potential.
4.22 The use shall be permissible in the underlying zoning
district if one exists.
4 .23 The use shall not obstruct flood flows or increase
flood elevations and shall not involve structures, fill,
obstructions, excavations or storage of materials or
equipment.
4. 3 Conditional Uses:
4 . 31 Structures accessory to the uses listed in 4. 1 above
and the uses listed in 4.32-4.38 below.
4.32 Extraction and storage of sand, gravel, and other
materials.
4 . 33 Marinas, boat rentals, docks, piers, wharves, and
water control structures.
4.34 Railroads, streets, bridges, utility transmission
lines, and pipelines.
4. 35 Storage yards for equipment, machinery, or materials.
4.36 Placement of fill.
4 . 37 Travel trailers and travel vehicles either on
individual lots of record or in existing or new subdivisions
or commercial or condominium type campgrounds, subject to
the exemptions and provisions of Section 9.3 of this
Ordinance.
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4. 38 Structural works for flood control such as levees,
dikes and floodwalls constructed to any height where the
intent is to protect individual structures and levees or
dikes where the intent is to protect agricultural crops for
a frequency flood event equal to or less than the 10-year
frequency flood event.
4.4 Standards for Floodway Conditional Uses:
4.41 All Uses. No structure (temporary or permanent) , fill
(including fill for roads and levees) , deposit, obstruction,
storage of materials or equipment, or other uses may be
allowed as a Conditional Use that will cause any increase in
the stage of the 100-year or regional flood or cause an
increase in flood damages in the reach or reaches affected.
4.42 All floodway Conditional Uses shall be subject to the
procedures and standards contained in Section 10.4 of this
ordinance.
4.43 The conditional use shall be permissible in the
underlying zoning district if one exists.
4 .44 Fill:
(a) Fill, dredge spoil and all other similar materials
deposited or stored in the flood plain shall be protected
from erosion by vegetative cover, mulching, riprap or other
acceptable method.
(b) Dredge spoil sites and sand and gravel operations shall
not be allowed in the floodway unless a long-term site
development plan is submitted which includes an
erosion/sedimentation prevention element to the plan.
(c) As an alternative, and consistent with Subsection (b)
immediately above, dredge spoil disposal and sand and gravel
operations may allow temporary, on-site storage of fill or
other materials which would have caused an increase to the
stage of the 100-year or regional flood but only after the
Governing Body has received an appropriate plan which
assures the removal of the materials from the floodway based
upon the flood warning time available. The Conditional Use
Permit must be title registered with the property in the
Office of the County Recorder.
4 .45 Accessory Structures:
(a) Accessory structures shall not be designed for human
habitation.
(b) Accessory structures, if permitted, shall be
constructed and placed on the building site so as to offer
the minimum obstruction to the flow of flood waters.
(1) Whenever possible, structures shall be constructed with
the longitudinal axis parallel to the direction of flood
flow, and, (2) So far as practicable, structures shall be
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placed approximately on the same flood flow lines as those
of adjoining structures.
(c) Accessory structures shall be elevated on fill or
structurally dry flood proofed in accordance with the FP-1
or FP-2 flood proofing classifications in the State Building
Code. As an alternative, an accessory structure may be
flood proofed to the FP-3 or FP-4 flood proofing
classification in the State Building Code provided the
accessory structure constitutes a minimal investment, does
not exceed 500 square feet in size, and for a detached
garage, the detached garage must be used solely for parking
of vehicles and limited storage. All flood proofed
accessory structures must meet the following additional
standards, as appropriate:
(1) The structure must be adequately anchored to prevent
flotation, collapse or lateral movement of the structure and
shall be designed to equalize hydrostatic flood forces on
exterior walls; and
(2) Any mechanical and utility equipment in a structure
must be elevated to or above the Regulatory Flood Protection
Elevation or properly flood proofed.
4 .46 Storage of Materials and Equipment:
(a) The storage or processing of materials that are, in
time of flooding, flammable, explosive, or potentially
injurious to human, animal, or plant life is prohibited.
(b) Storage of other materials or equipment may be allowed
if readily removable from the area within the time available
after a flood warning and in accordance with a plan approved
by the Governing Body.
4.47 Structural works for flood control that will change
the course, current or cross section of protected. wetlands
or public waters shall be subject to the provisions of
Minnesota Statute, Chapter 105. Community-wide structural
works for flood control intended to remove areas from the
regulatory flood plain shall not be allowed in the floodway.
4.48 A levee, dike or floodwall constructed in the floodway
shall not cause an increase to the 100-year or regional
flood and the technical analysis must assume equal
conveyance or storage loss on both sides of a stream.
SECTION 5.0 FLOOD FRINGE DISTRICT (FF)
5. 1 Permitted Uses: Permitted Uses shall be those uses of
land or structures listed as Permitted Uses in the
underlying zoning use district(s) . If no pre-existing,
underlying zoning use districts exist, then any residential
or non residential structure or use of a structure or land
shall be a Permitted Use in the Flood Fringe provided such
use does not constitute a public nuisance. All Permitted
•
Uses shall comply with the standards for Flood Fringe
"Permitted Uses" listed in Section 5.2 and the "Standards
for all Flood Fringe Uses" listed in Section 5.5.
5.2 Standards for Flood Fringe Permitted Uses:
5.21 All structures, including accessory structures, must
be elevated on fill so that the lowest floor including
basement floor is at or above the Regulatory Flood
Protection Elevation. The finished fill elevation for
structures shall be no lower than one (1) foot below the
Regulatory Flood Protection Elevation and the fill shall
extend at such elevation at least fifteen (15) feet beyond
the outside limits of the structure erected thereon.
5.22 As an alternative to elevation on fill, accessory
structures that constitute a minimal investment and that do
not exceed 500 square feet for the outside dimension at
ground level may be internally flood proofed in accordance
with Section 4.45 (c) .
5.23 The cumulative placement of fill where at any one time
in excess of one-thousand (1,000) cubic yards of fill is
located on the parcel shall be allowable only as a
Conditional Use, unless said fill is specifically intended
to elevate a structure in accordance with Section 5.21 of
this ordinance.
5. 24 The storage of any materials or equipment shall be
elevated on fill to the Regulatory Flood Protection
Elevation.
5. 25 The provisions of Section 5.5 of this Ordinance shall
apply.
5. 3 Conditional Uses: Any structure that is not elevated on
fill or flood proofed in accordance with Section 5.21-5.22
or any use of land that does not comply with the standards
in Section 5.23-5.24 shall only be allowable as a
Conditional Use. An application for a Conditional Use shall
be subject to the standards and criteria and evaluation
procedures specified in Sections 5.4-5.5 and 10.4 of this
Ordinance.
5.4 Standards for Flood Fringe Conditional Uses:
5.41 Alternative elevation methods other than the use of
fill may be utilized to elevate a structure's lowest floor
above the Regulatory Flood Protection Elevation. These
alternative methods may include the use of stilts, pilings,
parallel walls, etc. , or above-grade, enclosed areas such as
crawl spaces or tuck under garages. The base or floor of an
enclosed area shall be considered above-grade and not a
structure's basement or lowest floor if: 1) if the enclosed
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area is above-grade on at least one side of the structure;
2) it is designed to internally flood and is constructed
with flood resistant materials; and 3) it is used solely for
parking of vehicles, building access or storage. The
aboved-noted alternative elevation methods are subject to
the following additional standards:
(a) Design and Certification - The structure's design and
as-built condition must be certified by a registered
professional engineer or architect as being in compliance
with the general design standards of the State Building Code
and, specifically, that all electrical, heating,
ventilation, plumbing and air conditioning equipment and
other service facilities must be at or above the Regulatory
Flood Protection Elevation or be designed to prevent flood
water from entering or accumulating within these components
during times of flooding. (b) Specific Standards for Above-
grade, Enclosed Areas - Above-grade, fully enclosed areas
such as crawl spaces or tuck under garages must be designed
to internally flood and the design plans must stipulate:
(1) The minimum area of openings in the walls where internal
flooding is to be used as a flood proofing technique. When
openings are placed in a structure's walls to provide for
entry of flood waters to equalize pressures, the bottom of
all openings shall be no higher than one-foot above grade.
Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided that they permit the
automatic entry and exit of flood waters.
(2) That the enclosed area will be designed of flood
resistant materials in accordance with the FP-3 or FP-4
classifications in the State Building Code and shall be used
solely for building access, parking of vehicles or storage.
5.42 Basements, as defined by Section 2.812 of this
Ordinance, shall be subject to the following:
(a) Residential basement construction shall not be allowed
below the Regulatory Flood Protection Elevation.
(b) Non-residential basements may be allowed below the
Regulatory Flood Protection Elevation provided the basement
is structurally dry flood proofed in accordance with Section
5.43 of this Ordinance.
5.43 All areas of non residential structures including
basements to be placed below the Regulatory Flood Protection
Elevation shall be flood proofed in accordance with the
structurally dry flood proofing classifications in the State
Building Code. Structurally dry flood proofing must meet
the FP-1 or FP-2 flood proofing classification in the State
Building Code and this shall require making the structure
watertight with the walls substantially impermeable to the
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passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads
and the effects of bouyancy. Structures flood proofed to
the FP-3 or FP-4 classification shall not be permitted.
5.44 When at any one time more than 1, 000 cubic yards of
fill or other similar material is located on a parcel for
such activities as on-site storage, landscaping, sand and
gravel operations, landfills, roads, dredge spoil disposal
or construction of flood control works, an
erosion/sedimentation control plan must be submitted unless
the community is enforcing a state approved shoreland
management ordinance. In the absence of a state approved
shoreland ordinance, the plan must clearly specify methods
to be used to stabalize the fill on site for a flood event
at a minimum of the 100-year or regional flood event. The
plan must be prepared and certified by a registered
professional engineer or other qualified individual
acceptable to the Governing Body. The plan may incorporate
alternative procedures for removal of the material from the
flood plain if adequate flood warning time exists.
5.45 Storage of Materials and Equipment:
(a) The storage or processing of materials that are, in
time of flooding, flammable, explosive, or potentially
injurious to human, animal, or plant life is prohibited.
(b) Storage of other materials or equipment may be allowed
if readily removable from the area within the time available
after a flood warning and in accordance with a plan approved
by the Governing Body.
5. 46 The provisions of Section 5.5 of this Ordinance shall
also apply.
5.5 Standards for All Flood Fringe Uses:
5.51 All new principal structures must have vehicular
access at or above an elevation not more than two (2) feet
below the Regulatory Flood Protection Elevation. If a
variance to this requirement is granted, the Board of
Adjustment must specify limitations on the period of use or
occupancy of the structure for times of flooding and only
after determining that adequate flood warning time and local
flood emergency response procedures exist.
5.52 Commercial Uses - accessory land uses, such as yards,
railroad tracks, and parking lots may be at elevations lower
than the Regulatory Flood Protection Elevation. However, a
permit for such facilities to be used by the employees or
the general public shall not be granted in the absence of a
flood warning system that provides adequate time for
evacuation if the area would be inundated to a depth greater
than two feet or be subject to flood velocities greater than
four feet per second upon occurrence of the regional flood.
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5.53 Manufacturing and Industrial Uses - measures shall be
taken to minimize interference with normal plant operations
especially along streams having protracted flood durations.
Certain accessory land uses such as yards and parking lots
may be at lower elevations subject to requirements set out
in Section 5.52 above. In considering permit applications,
due consideration shall be given to needs of an industry
whose business requires that it be located in flood plain
areas.
5.54 Fill shall be properly compacted and the slopes shall
be properly protected by the use of riprap, vegetative cover
or other acceptable method. The Federal Emergency
Management Agency (FEMA) has established criteria for
removing the special flood hazard area designation for
certain structures properly elevated on fill above the 100-
year flood elevation - FEMA's requirements incorporate
specific fill compaction and side slope protection standards
for multi-structure or multi-lot developments. These
standards should be investigated prior to the initiation of
site preparation if a change of special flood hazard area
designation will be requested.
5.55 Flood plain developments shall not adversely affect
the hydraulic capacity of the channel and adjoining flood
plain of any tributary watercourse or drainage system where
a floodway or other encroachment limit has not been
specified on the Official Zoning Map.
5.56 Standards for travel trailers and travel vehicles are
contained in Section 9.3.
5.57 All manufactured homes must be securely anchored to an
adequately anchored foundation system that resists
flotation, collapse and lateral movement. Methods of
anchoring may include, but are not to be limited to, use of
over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state or local
anchoring requirements for resisting wind forces.
SECTION 6.0 Reserved for Future Use
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SECTION 7.0 SUBDIVISIONS2
7. 1 Review Criteria: No land shall be subdivided which is
unsuitable for the reason of flooding, inadequate drainage,
water supply or sewage treatment facilities. All lots
within the flood plain districts shall contain a building
site at or above the Regulatory Flood Protection Elevation.
All subdivisions shall have water and sewage treatment
facilities that comply with the provisions of this Ordinance
and have road access both to the subdivision and to the
individual building sites no lower than two feet below the
Regulatory Flood Protection Elevation. For all subdivisions
in the flood plain, the Floodway and Flood Fringe
boundaries, the Regulatory Flood Protection Elevation and
the required elevation of all access roads shall be clearly
labelled on all required subdivision drawings and platting
documents.
7.2 Removal of Special Flood Hazard Area Designation: The
Federal Emergency Management Agency (FEMA) has established
criteria for removing the special flood hazard area
designation for certain structures properly elevated on fill
above the 100-year flood elevation. FEMA's requirements
incorporate specific fill compaction and side slope
protection standards for multi-structure or multi-lot
developments. These standards should be investigated prior
to the initiation of site preparation if a change of special
flood hazard area designation will be requested.
SECTION 8. 0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
8. 1 Public Utilities. All public utilities and facilities
such as gas, electrical, sewer, and water supply systems to
be located in the flood plain shall be flood-proofed in
accordance with the State Building Code or elevated to above
the Regulatory Flood Protection Elevation.
8.2 Public Transportation Facilities. Railroad tracks,
roads, and bridges to be located within the flood plain
shall comply with Sections 4.0 and 5. 0 of this Ordinance.
Elevation to the Regulatory Flood Protection Elevation shall
be provided where failure or interruption of these
transportation facilities would result in danger to the
public health or safety or where such facilities are
essential to the orderly functioning of the area. Minor or
auxiliary roads or railroads may be constructed at a lower
elevation where failure or interruption of transportation
services would not endanger the public health or safety.
2 This Section is not intended as a substitute for a
comprehensive city or county subdivision ordinance. It can,
however, be used as an interim control until the
comprehensive subdivision ordinance can be amended to
include necessary flood plain management provisions.
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8.3 On-site Sewage Treatment and Water Supply Systems:
Where public utilities are not provided: 1) On-site water
supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems; and 2) New or
replacement on-site sewage treatment systems must be
designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems into
flood waters and they shall not be subject to impairment or
contamination during times of flooding. Any sewage
treatment system designed in accordance with the State's
current statewide standards for on-site sewage treatment
systems shall be determined to be in compliance with this
Section.
SECTION 9.0 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS
AND PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES.
9. 1 New manufactured home parks and expansions to existing
mobile manufactured home parks shall be subject to the
provisions placed on subdivisions by Section 7.0 of this
Ordinance.
9.2 The placement of new or replacement manufactured homes
in existing manufactured home parks or on individual lots of
record that are located in flood plain districts will be
treated as a new structure and may be placed only if
elevated in compliance with Section 5.0 of this Ordinance.
If vehicular road access for pre-existing manufactured home
parks is not provided in accordance with Section 5.51, then
replacement manufactured homes will not be allowed until the
property owner(s) develops a flood warning emergency plan
acceptable to the Governing Body.
9.21 All manufactured homes must be securely anchored to an
adequately anchored foundation system that resists
flotation, collapse and lateral movement. Methods of
anchoring may include, but are not to be limited to, use of
over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state or local
anchoring requirements for resisting wind forces.
9.3 Travel trailers and travel vehicles that do not meet the
exemption criteria specified in Section 9.31 below shall be
subject to the provisions of this Ordinance and as
specifically spelled out in Sections 9.33-9. 34 below.
9.31 Exemption - Travel trailers and travel vehicles are
exempt from the provisions of this Ordinance if they are
placed in any of the areas listed in Section 9. 32 below and
further they meet the following criteria:
(a) Have current licenses required for highway use.
(b) Are highway ready meaning on wheels or the internal
jacking system, are attached to the site only by quick
411 410
disconnect type utilities commonly used in campgrounds and
trailer parks and the travel trailer/travel vehicle has no
permanent structural type additions attached to it.
(c) The travel trailer or travel vehicle and associated use
must be permissible in any pre-existing, underlying zoning
use district.
9. 32 Areas Exempted For Placement of Travel/Recreational
Vehicles:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks or
campgrounds.
(c) Existing condominium type associations.
9.33 Travel trailers and travel vehicles exempted in
Section 9. 31 lose this exemption when development occurs on
the parcel exceeding $500 dollars for a structural addition
to the travel trailer/travel vehicle or an accessory
structure such as a garage or storage building. The travel
trailer/travel vehicle and all additions and accessory
structures will then be treated as a new structure and shall
be subject to the elevation/flood proofing requirements and
the use of land restrictions specified in Sections 4. 0 and
5.0 of this Ordinance.
9.34 New commercial travel trailer or travel vehicle parks
or campgrounds and new residential type subdivisions and
condominium associations and the expansion of any existing
similar use exceeding five (5) units or dwelling sites shall
be subject to the following:
(a) Any new or replacement travel trailer or travel vehicle
will be allowed in the Floodway or Flood Fringe Districts
provided said trailer or vehicle and its contents are placed
on fill above the Regulatory Flood Protection Elevation and
proper elevated road access to the site exists in accordance
with Section 5.51 of this Ordinance. Any fill placed in a
floodway for the purpose of elevating a travel trailer shall
be subject to the requirements of Section 4.0.
(b) All new or replacement travel trailers or travel
vehicles not meeting the criteria of (a) above may, as an
alternative, be allowed as a Conditional Use if in
accordance with the following provisions and the provisions
of 10.4 of the Ordinance. The applicant must submit an
emergency plan for the safe evacuation of all vehicles and
people during the 100 year flood. Said plan shall be
prepared by a registered engineer or other qualified
individual and shall demonstrate that adequate time and
personnel exist to carry out the evacuation. All attendant
sewage and water facilities for new or replacement travel
trailers or other recreational vehicles must be protected or
constructed so as to not be impaired or contaminated during
+� i
times of flooding in accordance with Section 8. 3 of this
Ordinance.
SECTION 10. 0 ADMINISTRATION
10. 1 Zoning Administrator: A Zoning Administrator or
other official designated by the Governing Body shall
administer and enforce this Ordinance. If the Zoning
Administrator finds a violation of the provisions of this
Ordinance the Zoning Administrator shall notify the person
responsible for such violation in accordance with the
procedures stated in Section 12 .0 of the Ordinance.
10.2 Permit Requirements:
10.21 Permit Required. A Permit issued by the Zoning
Administrator in conformity with the provisions of this
Ordinance shall be secured prior to the erection, addition,
or alteration of any building, structure, or portion
thereof; prior to the use or change of use of a building,
structure, or land; prior to the change or extension of a
nonconforming use; and prior to the placement of fill,
excavation of materials, or the storage of materials or
equipment within the flood plain.
10.22 Application for Permit. Application for a Permit
shall be made in duplicate to the Zoning Administrator on
forms furnished by the Zoning Administrator and shall
include the following where applicable: plans in duplicate
drawn to scale, showing the nature, location, dimensions,
and elevations of the lot; existing or proposed structures,
fill, or storage of materials; and the location of the
foregoing in relation to the stream channel.
10.23 State and Federal Permits. Prior to granting a Permit
or processing an application for a Conditional Use Permit or
Variance, the Zoning Administrator shall determine that the
applicant has obtained all necessary State and Federal
Permits.
10.24 Certificate of Zoning Compliance for a New, Altered,
or Nonconforming Use. It shall be unlawful to use, occupy,
or permit the use or occupancy of any building or premises
or part thereof hereafter created, erected, changed,
converted, altered, or enlarged in its use or structure
until a Certificate of Zoning Compliance shall have been
issued by the Zoning Administrator stating that the use of
the building or land conforms to the requirements of this
Ordinance.
10.25 Construction and Use to be as Provided on
Applications, Plans, Permits, Variances and Certificates of
Zoning Compliance. Permits, Conditional Use Permits, or
Certificates of Zoning Compliance issued on the basis of
. 110
approved plans and applications authorize only the use,
arrangement, and construction set forth in such approved
plans and applications, and no other use, arrangement, or
construction. Any use, arrangement, or construction at
variance with that authorized shall be deemed a violation of
this Ordinance, and punishable as provided by Section 12.0
of this Ordinance.
10.26 Certification. The applicant shall be required to
submit certification by a registered professional engineer,
registered architect, or registered land surveyor that the
finished fill and building elevations were accomplished in
compliance with the provisions of this ordinance. Flood-
proofing measures shall be certified by a registered
professional engineer or registered architect.
10.27 Record of First Floor Elevation. The Zoning
Administrator shall maintain a record of the elevation of
the lowest floor (including basement) of all new structures
and alterations or additions to existing structures in the
flood plain. The Zoning Administrator shall also maintain a
record of the elevation to which structures and alterations
or additions to structures are flood-proofed.
10.3 Board of Adjustment:
10. 31 Rules. The Board of Adjustment shall adopt rules for
the conduct of business and may exercise all of the powers
conferred on such Boards by State law.
10.32 Administrative Review. The Board shall hear and
decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by an
administrative offical in the enforcement or administration
of this Ordinance.
10. 33 Variances. The Board may authorize upon appeal in
specific cases such relief or variance from the terms of
this Ordinance as will not be contrary to the public
interest and only for those circumstances such as hardship,
practical difficulties or circumstances unique to the
property under consideration, as provided for in the
respective enabling legislation for planning and zoning for
cities or counties as appropriate. In the granting of such
variance, the Board of Adjustment shall clearly identify in
writing the specific conditions that existed consistent with
the criteria specified in the respective enabling
legislation which justified the granting of the variance.
No Variance shall have the effect of allowing in any
district uses prohibited in that district, permit a lower
degree of flood protection than the Regulatory Flood
Protection Elevation for the particular area, or permit
standards lower than those required by State law.
• •
10. 34 Hearings. Upon filing with the Board of Adjustment of
an appeal from a decision of the Zoning Administrator, or an
application for a variance, the Board shall fix a reasonable
time for a hearing and give due notice to the parties in
interest as specified by law. The Board shall submit by
mail to the Commissioner of Natural Resources a copy of the
application for proposed Variances sufficiently in advance
so that the Commissioner will receive at least ten days
notice of the hearing.
10. 35 Decisions. The Board shall arrive at a decision on
such appeal or Variance within days. In
passing upon an appeal, the Board may, so long as such
action is in conformity with the provisions of this
Ordinance, reverse or affirm, wholly or in part, or modify
the order, requirement, decision or determination of the
Zoning Administrator or other public official. It shall
make its decision in writing setting forth the findings of
fact and the reasons for its decisions. In granting a
Variance the Board may prescribe appropriate conditions and
safeguards such as those specified in Section 10.46, which
are in conformity with the purposes of this Ordinance.
Violations of such conditions and safeguards, when made a
part of the terms under which the Variance is granted, shall
be deemed a violation of this Ordinance punishable under
Section 12.0. A copy of all decisions granting Variances
shall be forwarded by mail to the Commissioner of Natural
Resources within ten (10) days of such action.
10.36 Appeals. Appeals from any decision of the Board may
be made, and as specified in this Community's Offical
Controls and also Minnesota Statutes.
10.37 Flood Insurance Notice and Record Keeping. The Zoning
Administrator shall notify the applicant for a variance
that: 1) The issuance of a variance to construct a
structure below the base flood level will result in
increased premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage and 2) Such
construction below the 100-year or regional flood level
increases risks to life and property. Such notification
shall be maintained with a record of all variance actions.
A community shall maintain a record of all variance actions,
including justification for their issuance, and report such
variances issued in its annual or biennial report submitted
to the Administrator of the National Flood Insurance
Program.
10.4 Conditional Uses. The
(Governing Body/Planning Comm./Bd. of Adjust. ) shall hear
and decide applications for Conditional Uses permissible
under this Ordinance. Applications shall be submitted to
• •
the Zoning Administrator who shall forward the application
to for consideration.
(Designated Body)
10.41 Hearings. Upon filing with the
an application for a
(Designated Body)
Conditional Use Permit, the shall submit
(Designated Body)
by mail to the Commissioner of Natural Resources a copy of
the application for proposed Conditional Use sufficiently in
advance so that the Commissioner will receive at least ten
days notice of the hearing.
10.42 Decisions. The shall arrive at
(Designated Body)
a decision on a Conditional Use within days. In
granting a Conditional Use Permit the
shall prescribe appropriate
(Designated Body)
conditions and safeguards, in addition to those specified in
Section 10.46, which are in conformity with the purposes of
this Ordinance. Violations of such conditions and
safeguards, when made a part of the terms under which the
Conditional Use Permit is granted, shall be deemed a
violation of this Ordinance punishable under Section 12.0.
A copy of all decisions granting Conditional Use Permits
shall be forwarded by mail to the Commissioner of Natural
Resources within ten (10) days of such action.
10.43 Procedures to be followed by the
(Designated Body)
in Passing on Conditional Use Permit Applications Within all
Flood Plain Districts.
(a) Require the applicant to furnish such of the following
information and additional information as deemed necessary
by the for determining the suitability of
(Designated Body)
the particular site for the proposed use:
(1) Plans in triplicate drawn to scale showing the nature,
location, dimensions, and elevation of the lot, existing or
proposed structures, fill, storage of materials, flood-
proofing measures, and the relationship of the above to the
location of the stream channel.
(2) Specifications for building construction and materials,
flood-proofing, filling, dredging, grading, channel
improvement, storage of materials, water supply and sanitary
facilities.
(b) Transmit one copy of the information described in
subsection (a) to a designated engineer or other expert
person or agency for technical assistance, where necessary,
411
•
in evaluating the proposed project in relation to flood
heights and velocities, the seriousness of flood damage to
the use, the adequacy of the plans for protection, and other
technical matters.
(c) Based upon the technical evaluation of the designated
engineer or expert, the shall determine the
(Designated Body)
specific flood hazard at the site and evaluate the
suitability of the proposed use in relation to the flood
hazard.
10.44 Factors Upon Which the Decision of the
Shall Be Based. In passing
(Designated Body)
upon Conditional Use applications, the
shall consider all relevant factors
(Designated Body)
specified in other sections of this Ordinance, and:
(a) The danger to life and property due to increased flood
heights or velocities caused by encroachments.
(b) The danger that materials may be swept onto other lands
or downstream to the injury of others or they may block
bridges, culverts or other hydraulic structures.
(c) The proposed water supply and sanitation systems and
the ability of these systems to prevent disease,
contamination, and unsanitary conditions.
(d) The susceptability of the proposed facility and its
contents to flood damage and the effect of such damage on
the individual owner.
(e) The importance of the services provided by the proposed
facility to the community.
(f) The requirements of the facility for a waterfront
location.
(g) The availability of alternative locations not subject
to flooding for the proposed use.
(h) The compatability of the proposed use with existing
development and development anticipated in the forseeable
future.
(i) The relationship of the proposed use to the
comprehensive plan and flood plain management program for
the area.
(j ) The safety of access to the property in times of flood
for ordinary and emergency vehicles.
(k) The expected heights, velocity, duration, rate of rise,
and sediment transport of the flood waters expected at the
site.
(1) Such other factors which are relevant to the purposes
of this Ordinance.
10.45 Time for Acting on Application. The
shall act on an application in the
(Designated Body)
411
•
manner described above within days from receiving the
application, except that where additional information is
required pursuant to 10.44 of this Ordinance. The
shall render a written decision within
(Designated Body)
days from the receipt of such additional information.
10.46 Conditions Attached to Conditional Use Permits. Upon
consideration of the factors listed above and the purpose of
this Ordinance, the shall attach such
(Designated Body)
conditions to the granting of Conditional Use Permits as it
deems necessary to fulfill the purposes of this Ordinance.
Such conditions may include, but are not limited to, the
following:
(a) Modification of waste treatment and water supply
facilities.
(b) Limitations on period of use, occupancy, and operation.
(c) Imposition of operational controls, sureties, and deed
restrictions.
(d) Requirements for construction of channel modifications,
compensatory storage, dikes, levees, and other protective
measures.
(e) Flood-proofing measures, in accordance with the State
Building Code and this Ordinance. The applicant shall
submit a plan or document certified by a registered
professional engineer or architect that the flood-proofing
measures are consistent with the Regulatory Flood Protection
Elevation and associated flood factors for the particular
area.
SECTION 11. 0 NONCONFORMING USES
11. 1 A structure or the use of a structure or premises
which was lawful before the passage or amendment of this
Ordinance but which is not in conformity with the provisions
of this Ordinance may be continued subject to the following
conditions:
11. 11 No such use shall be expanded, changed, enlarged, or
altered in a way which increases its nonconformity.
11. 12 Any alteration or addition to a nonconforming
structure or nonconforming use which would result in
increasing the flood damage potential of that structure or
use shall be protected to the Regulatory Flood Protection
Elevation in accordance with any of the elevation on fill or
flood proofing techniques ( i.e. , FP-1 thru FP-4
floodproofing classifications) allowable in the State
Building Code, except as further restricted in 11. 13 below.
11. 13 The cost of any structural alterations or additions to
any nonconforming structure over the life of the structure
4
shall not exceed 50 percent of the market value of the
structure unless the conditions of this Section are
satisfied. The cost of all structural alterations and
additions constructed since the adoption of the Community's
initial flood plain controls must be calculated into today's
current cost which will include all costs such as
construction materials and a reasonable cost placed on all
manpower or labor. If the current cost of all previous and
proposed alterations and additions exceeds 50 percent of the
current market value of the structure, then the structure
must meet the standards of Section 4.0 or 5. 0 of this
Ordinance for new structures depending upon whether the
structure is in the Floodway or Flood Fringe, respectively.
11.14 If any nonconforming use is discontinued for 12
consecutive months, any future use of the building premises
shall conform to this Ordinance. The assessor shall notify
the Zoning Administrator in writing of instances of
nonconforming uses which have been discontinued for a period
of 12 months.
11. 15. If any nonconforming use or structure is destroyed by
any means, including floods, to an extent of 50 percent or
more of its market value at the time of destruction, it
shall not be reconstructed except in conformity with the
provisions of this Ordinance. The applicable provisions for
establishing new uses or new structures in Sections 4.0 or
5. 0 will apply depending upon whether the use or structure
is in the Floodway or .Flood Fringe District, respectively.
SECTION 12 .0 PENALTIES FOR VIOLATION
12. 1 Violation of the provisions of this Ordinance or
failure to comply with any of its requirements (including
violations of conditions and safeguards established in
connection with grants of Variances or Conditional Uses)
shall constitute a misdemeanor and shall be punishable as
defined by law.
12.2 Nothing herein contained shall prevent the
from taking such other lawful action
(local unit)
as is necessary to prevent or remedy any violation. Such
actions may include but are not limited to:
12.21 In responding to a suspected ordinance violation, the
Zoning Administrator and Local Government may utilize the
full array of enforcement actions available to it including
but not limited to prosecution and fines, injunctions,
after-the-fact permits, orders for corrective measures or a
request to the National Flood Insurance Program for denial
of flood insurance availability to the guilty party. The
community must act in good faith to enforce these official
controls and to correct ordinance violations to the extent
possible so as not to jeopardize its eligibility in the
National Flood Insurance Program.
12 .22 When an ordinance violation is either discovered by or
brought to the attention of the Zoning Administrator, the
Zoning Administrator shall immediately investigate the
situation and document the nature and extent of the
violation of the official control. As soon as is reasonably
possible, this information will be submitted to the
appropriate Department of Natural Resources' and Federal
Emergency Management Agency Regional Office along with the
Community's plan of action to correct the violation to the
degree possible.
12.23 The Zoning Administrator shall notify the suspected
party of the requirements of this Ordinance and all other
Official Controls and the nature and extent of the suspected
violation of these controls. If the structure and/or use is
under construction or development, the Zoning Administrator
may order the construction or development immediately halted
until a proper permit or approval is granted by the
Community. If the construction or development is already
completed, then the Zoning Administrator may either (1)
issue an order identifying the corrective actions that must
be made within a specified time period to bring the use or
structure into compliance with the official controls, or (2)
notify the responsible party to apply for an after-the-fact
permit/development approval within a specified period of
time not to exceed 30-days.
12.24 If the responsible party does not appropriately
respond to the Zoning Administrator within the specified
period of time, each additional day that lapses shall
constitute an additional violation of this Ordinance and
shall be prosecuted accordingly. The Zoning Administrator
shall also upon the lapse of the specified response period
notify the landowner to restore the land to the condition
which existed prior to the violation of this Ordinance.
SECTION 13.0 AMENDMENTS
The flood plain designation on the Official Zoning Map shall
not be removed from flood plain areas unless it can be shown
that the designation is in error or that the area has been
filled to or above the elevation of the regional flood and
is contiguous to lands outside the flood plain. Special
exceptions to this rule may be permitted by the Commissioner
of Natural Resources if he determines that, through other
measures, lands are adequately protected for the intended
use.
All amendments to this Ordinance, including amendments to
the Official Zoning Map, must be submitted to and approved
by the Commissioner of Natural Resources prior to adoption.
410
Changes in the Official Zoning Map must meet the Federal
Emergency Management Agency's (FEMA) Technical Conditions
and Criteria and must receive prior FEMA approval before
adoption. The Commissioner of Natural Resources must be
given 10-days written notice of all hearings to consider an
amendment to this Ordinance and said notice shall include a
draft of the ordinance amendment or technical study under
consideration.
• � Enclosure 8
OAK PARK HEIGHTS
CITY COUNCIL WORKSHOP MINUTES, TUESDAY, OCTOBER 28, 1997
Call to Order: The meeting was called to order at 4 :30 by Mayor
Schaaf . Present : Councilmembers Beaudet, Robert, Swenson, and
Turnquist . Staff Present : City Administrator Robertson, Deputy
Clerk/Finance Director Holst, Police Chief Swanson, Public Works
Director Benson, City Attorney Vierling, City Engineer Anderlik,
City Planner Richards, and Administrative Intern Mesko.
II . Department Reports
Police
Proposed Street Closing - Police Chief Swanson presented a street
closing guide for the MN/DOT area where homes have been removed
for the bridge. Swanson said that he consulted with the
residents to determine the roads which would need to stay open to
provide access to the remaining homeowners while closing the
streets that would not be used. Swanson also said that he spoke
with Mike Raleigh, who plows the City streets, about the easiest
access for the snow plows . MN/DOT has agreed to put up concrete
barriers to block the closed streets . Councilmember Swenson
asked Public Works Director Benson to mark all the hydrants in
the area with flags before it snows so that they will be easily
visible.
Proposed Parking Ban - Swanson said that he recommended this
ordinance to provide for better plowing and safer streets in the
winter. He said that he has received no opposition from
residents and would have a public information campaign to inform
people of the change. Administrator Robertson also said that he
has received supportive feedback for the ban. Council decided to
place signs at the entrances to the City and directed Public
Works to order and put up the signs as soon as possible.
Proposed Dangerous Dog Ordinance - Swanson said that this change
was initiated due to a problem dog in the neighborhood. It is
intended to provide the police with more flexibility in removing
dogs from the community. The new ordinance would allow the
police to deem a dog potentially dangerous and give them the
power to remove the animal without the dog having to actually
harm a person or other animal first. Swanson said that he has
received support from the community for this change.
Grant Received - Swanson reported the receipt of a $10, 000 grant
for equipment purchase. He said that he would like to buy a few
things, among the possibilities : a portable alarm system, a
videotaping machine with a wide-angle lens, and night vision
goggles.
Mediation Proposal - Swanson said that because of the lack of
court support for non-criminal offenses, he and Councilmember
Page 3 - City Co cil Minutes 10/28/97
Public Hearings:
Cellars Wines & Spirits of Oak Park-Heights, Inc . - Request for
Liquor License & Tobacco License - Mayor Schaaf opened the Public
Hearing at 7 : 30 p.m. City Attorney Vierling said that Cellars
has completed all forms required and he is satisfied with the
information provided. Councilmember Turnquist, seconded by
Swenson, moved to close the Public Hearing at 7 : 31 p.m.
Councilmember Turnquist, seconded by Beaudet, moved to approve
the liquor and tobacco licenses . Carried 5-0 .
Proposed Ordinance 97-1101-05 Establishing Winter Parking_
Regulations Between the Hours of 1 : 00 a.m. and 6 : 00 a.m. in the
City of Oak Park Heights - Mayor Schaaf opened the Public Hearing
at 7 :32 p.m. Allan Hall, 14421 North 57th Street, was present to
support the parking regulations . Councilmember Turnquist,
seconded by Swenson, moved to close the Public Hearing at 7 :34
p.m. Chief Swanson said that he realizes that this ordinance is
being considered late in the fall and that the City will do its
best to inform residents of the new policy before they are
ticketed and towed. Swanson said the intent of the ordinance is
not to fool residents but to make it easier for the snow plows to
operate and clear the roads so it will make driving safer.
Councilmember Turnquist, seconded by Swenson, moved to approve
Ordinance 97-1101-05 . Carried 5-0 .
Proposed Ordinance 97-601-06 - An Ordinance Amending Ordinance
601 Regulating Dogs Within the City of Oak Park Heights - Mayor
Schaaf opened the Public Hearing at 7 :40 p.m. Chief Swanson said
that this was in response to the limitations the Police
Department has faced recently with a dangerous dog. He said he
felt this ordinance would allow the officers to perform their
duty of protecting the community better because they will be able
to remove a dog that is deemed potentially dangerous, rather than
having to wait until the dog actually physically harms a person
or another animal . Mr. Hall spoke again and said that he lives
across the street from a dog which he feels is dangerous and he
would support this ordinance amendment . Robertson said that he
has received comments in support of the ordinance amendment also.
Councilmember Swenson asked Chief Swanson what process the City
would use if there was a dog that could not be handled by the
Police. Swanson said that contracting out for an individual case
would be very expensive and that he would support requesting the
help of Stillwater, who has an animal control officer.
Councilmember Turnquist, seconded by Swenson, moved to close the
Public Hearing at 7 :45 p.m.
Councilmember Robert had some suggestions for the wording of the
ordinance:
A) 601. 07 & 601 . 08 : Robert asked to delete 601. 07 and amend
601. 08 to read, "It shall be unlawful to operate a any
kennel unless a permit to operate the same has been secured
from the City Council in advance ." Council agreed with
those changes .
Page 4 - City Cocil Minutes 10/28/97 111
B) 601 . 11 : She also wanted to delete the section that defined
the exceptions to the prohibition to dogs running at large,
referring to farm dogs . Vierling said that there is case
law that deals with this situation and he would recommend
that the wording remain because the City boundaries may
change in the future and this wording would apply in that
case. He did say that the wording could be amended to read,
"601 . 11 Running at Large Prohibited (a) No person shall
allow a dog to run at large at any time, eAcept as provided
." Council agreed to the wording
changes .
C) 604 . 14 (4) : Robert was concerned that deer would not be
covered under this wording. Vierling said that deer are
protected under a state statute and that supersedes city
ordinances . No changes were made .
D) 604 . 14 (b) , (c) , (d) : Robert said that this process sounds
too bureaucratic and she would prefer the Police Chief
handle this . Vierling said that he had no objection to
substituting Chief for City Clerk but that he would
recommend keeping the wording for the procedure in order to
provide a defense if there are ever questions about the
procedures that the City followed. Swanson said that the
procedure is no different from what is currently done and
that he has no objections. No changes were made.
Councilmember Robert, seconded by Beaudet, moved to approve
Ordinance 97-601-06 with changes. Carried 5-0 .
Unfinished Business:
Tree Pruning Bids - As Council requested, additional bids were
received for the five-year pruning plan. S&S Tree submitted a
bid for $32 . 00/tree, 220 trees a year, for a yearly cost of
$7, 040 . St . Croix Tree submitted a bid for $24 . 00/tree, 220
trees a year, for a yearly cost of $5, 280 . Administrator
Robertson and Arborist Kaiser both recommended St . Croix Tree
because of the bid estimate and the fact that the company has
done a good job for the City in the past . Councilmember Robert
said that the price difference is only $1, 800 a year and that she
felt that S&S would do a better job. Councilmember Robert,
seconded by Beaudet, moved to approve the bid from S&S Tree for a
one-year pruning contract at a cost of $7, 040 . Carried 5-0 .
New Business:
Proposed Ordinance - Manufactured Home Parks - City Planner
Richards said that the ordinance has been drafted in response to
a state law that mandates that cities must allow for manufactured
home parks and that Oak Park Heights currently does not meet that
requirement . Richards said that the proposed ordinance allows
for these homes in park situations, keeping with the current City
policy of grouping like housing together. While there are
certain limitations to where these homes are allowed, Richards
said that he felt the requirements are reasonable. Mayor Schaaf
said that there does not appear to be any location in the city
where a manufactured home park would fit in the current zoning.