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City Council Workshop

Regular Meeting

Oakdale, MN · July 9, 2024

AgendaMinutes

Minutes

WORKSHOP MINUTES OAKDALE CITY COUNCIL JULY 9, 2024 The City Council held a workshop on Tuesday, July 9, 2024 at Oakdale City Hall, 1584 Hadley Avenue North, Oakdale, Minnesota. The meeting began at 5:00 PM. Present: Mayor Kevin Zabel Council Members: Noah Her Jake Ingebrigtson Andy Morcomb Susan Willenbring City Staff Members: Christina Volkers, City Administrator Sara Ludwig, City Clerk Brian Bachmeier, Consulting City Engineer Andy Gitzlaff, Community Development Director Melanie Lee, Human Resources Director Nick Newton, Police Chief Lori Pulkrabek, Communications Manager Kyle Stasica, Finance Director Julie Williams, Recreation Superintendent REVIEW OF CITY OF OAKDALE CODE OF ORDINANCES, CHAPTER 10 – LIQUOR CONTROL AND CHARITABLE GAMBLING City Administrator Chris Volkers indicated there were many questions from Council about the proposed changes. She suggested that Council provide their questions and comments during this workshop for staff to take back to Assistant City Attorney Rachel Tierney who will attend a future workshop meeting to address them. In reference to Sec. 10-17, Ms. Volkers asked if a clearer definition of “in any other public place” is warranted. As an example, Mayor Zabel noted that liquor in the Discovery Center is covered under the Facilities Rental policy. Council Member Her suggested adding language such as, “unless as approved by City policy.” The Council was in agreement. Mayor Zabel brought up the Legislation regarding social districts and how that affects consuming alcohol on sidewalks. Ms. Volkers offered to get more information from Attorney Tierney on this legislation. Council Member Ingebrigtson was in favor of allowing alcohol consumption on sidewalks. Police Chief Nick Newton mentioned that the definition of “public place” and “park” is different throughout the City Code. WORKSHOP MINUTES JULY 9, 2024 PAGE TWO In response to Council Member Willenbring’s question about what places are considered public, Ms. Volkers confirmed City Hall and the library would be considered public. Mayor Zabel reiterated the importance of understanding if/how State law preempts cities related to consuming alcohol in public places. Ms. Volkers suggested adding “public place” to Sec. 10-03, Definitions. In reference to City of Oakdale Code of Ordinances, Chapter 15, Article 3, Mayor Zabel requested that language about using an approved vendor within the Discovery Center, per City policy, be added to this section. Council Member Willenbring would like to review Sec. 10-16 (7) specifically as it relates to the use of the word “morals” and the descriptive language used to define prohibited acts and conduct. Mayor Zabel provided background about why the morality language was added to the Code many years ago. Council Member Willenbring asked if the stated behavior should be regulated by local government. Mayor Zabel was in favor of making the language less vulgar, but allowing local government to regulate the behavior as a condition of the liquor license. Council Member Her agreed. Council Member Morcomb pointed out that Attorney Tierney may be able to shed light on why the current language in Sec. 10-16 is included. Chief Newton noted that in his 24 years, he has not seen this language utilized for any kind of enforcement. Mayor Zabel suggested rolling it all under morality and allowing the Council to make a determination on a case-by-case basis. Council Member Willenbring was supportive of removing the morality language as it is not the government’s role to determine that. Council Member Ingebrigtson was supportive of leaving the morality language broad. Council Member Morcomb pointed out that the language could be helpful in curbing sex trafficking. In reference to Sec. 10-16 (7) (i), Council Member Willenbring stated that the dressing room language could be more generic. Mayor Zabel suggested that the Council flag other changes within Article 2 and send to staff for consideration. WORKSHOP MINUTES JULY 9, 2024 PAGE THREE Related to the proposed language in Sec. 10-29 (3) (g), the demonstration of reasonable benefit, Mayor Zabel stated that the proposed language is too specific and could have a negative impact on the City’s current charitable gambling license holders. Council Member Morcomb agreed. Council Member Her was supportive of allowing future Councils to have flexibility as it relates to the definition of “reasonable benefit.” In response to Ms. Volkers’ question about the issue with the proposed language, Mayor Zabel said that quantifying reasonable benefit is going to be difficult. Council Member Morcomb suggested, “a reasonable benefit as determined by the City Council of Oakdale.” Ms. Volkers will touch base with Attorney Tierney on other cities’ language and legal challenges related to reasonable benefit definitions. Mayor Zabel asked to further define “volunteer” under Sec. 10-29 (3) (g) (ii). Ms. Volkers brought up the proposed language in Sec. 10-27, regulation of bingo within a nursing home or by a senior citizen organization, which is not found in the current City Code. The Council asked for more information about this language. In reference to Sec. 10-33 – local gambling tax, and Sec. 10-34 – contribution of net profits to fund administered by city, the Council requested a more detailed explanation from Attorney Tierney before making a firm decision. Mayor Zabel noted that he is not interested in charging the optional local gambling tax as allowed in Sec. 10-33. The Council will discuss this further. MANAGEMENT DISCUSSION – FINANCE DIRECTOR Finance Director Kyle Stasica began by explaining the 2024 budgeted/current and 2025 proposed full-time equivalents for the Finance, Administration, and Human Resources departments. In response to Mayor Zabel’s question about current personnel “sitting in chairs” as of July 9, 2024, Ms. Volkers stated that Human Resources has one, Administration has three, and Finance has seven. As additional questions were asked about staffing levels, Mr. Stasica pointed out that the approved budget is the dollar amount, but the current and proposed positions are within the approved budget. WORKSHOP MINUTES JULY 9, 2024 PAGE FOUR Council Member Morcomb stated he supports staffing needed if it is within the approved budget in regard to funding. Mr. Stasica went over the current interest rate environment and projected bond issuance rates. In reference to the July 23, 2024 regular City Council meeting, Mr. Stasica mentioned two public hearings – one for tax abatement bonds and the other for capital improvement bonds. The bonds for capital buildings are issued ahead of time while bonding for the annual street improvement project, for example, is done at the end of the project. In response to Council Member Morcomb’s question about what is upcoming for the Finance Department, Mr. Stasica responded with plans for a public capital project tracking system and analytics for reviewing utility billing trends. ARTIFICIAL TURF FOR VOLLEYBALL IN CITY PARKS Ms. Volkers explained that there are budgeted funds from two past sand volleyball courts in the Capital Improvement Plan (CIP) to use for a turf volleyball court if that is Council’s intent. In response to Council Member Ingebrigtson’s questions, Parks Superintendent Jeff Koesling said that turf experiences minimal wear and tear. Mr. Koesling’s preference is to use the current sand volleyball court at Tanners Lake and replace it with turf. Mayor Zabel was unsure if a turf volleyball court would draw players away from where they are currently playing on the grass, i.e., near a picnic shelter in Walton Park. In response to Council Member Her’s question about the longevity of a sand volleyball court, Mr. Koesling stated the current Tanners Lake court has been around for roughly 30 years. Mr. Koesling noted that he is waiting to hear back from SRF Consulting regarding the use of life for turf volleyball courts. He added, due to health concerns and issues with excessive heat, some vendors are moving away from crumb rubber fill. In response to Council Member Willenbring’s question about how turf handles snow in the winter, Mr. Koesling said there is cement underneath with drainage around the edges of the court. Mayor Zabel was in favor of adding a turf volleyball court as an added amenity, but reiterated that it will not solve the issue related to the damage to grass in City parks. With the Park System Plan Update underway, Mayor Zabel suggested waiting for the results of that project before making a decision about a turf volleyball court. WORKSHOP MINUTES JULY 9, 2024 PAGE FIVE In reference to the current process of carrying over unspent CIP funds from year-to-year, Mayor Zabel was in favor of changing the process to allow for Council review and input. Council Member Morcomb was supportive of trying a turf volleyball court in one of the City’s parks, but would like to wait until the Park System Plan Update results are available. Mayor Zabel was concerned about the negative health aspects of synthetic turf. In response to Council Member Her’s question about alternative turf options, Mr. Koesling offered to ask SRF Consulting and report back. Council Member Willenbring asked for further clarification on the demand for volleyball within the City. Council Member Morcomb explained that he has seen upwards of four volleyball nets set up in one park simultaneously, not to mention that volleyball court improvements have been/are in the approved CIP. Council Member Willenbring questioned whether the demand equates to the cost of the proposed volleyball court improvement(s). Mayor Zabel suggested putting the turf volleyball court where it could have an impact on the wear and tear of the grass in City parks such as at Eastside Park. Council Member Ingebrigtson agreed. In response to Council Member Her’s question about an identified location at Eastside Park, Mr. Koesling proposed between the tennis court and hockey rink to the east, toward Helmo Ave N. Mayor Zabel was supportive of cancelling the Guthrie Park and Eastside Park sand volleyball courts, and exploring a site for a turf volleyball court in 2025 depending on the Park System Plan Update. The Council was in agreement. Council Members Her and Morcomb clarified that the unspent funds remain dedicated to future volleyball improvements and will be held for that reason. Community Development Director Andy Gitzlaff gave a brief update on the Park System Plan Update concept plans noting that the public comment period will end August 31st. It was requested that staff determine three suitable sites for a turf volleyball court for possible inclusion in the 2025 CIP based on the feedback from the Park System Plan update. FUTURE DEBT LEVY Mr. Stasica briefly went over the Council Memorandum and the current assumptions being made related to the future debt levy. WORKSHOP MINUTES JULY 9, 2024 PAGE SIX Ms. Volkers explained that the budget is made up of four large parts – the debt, the CIP, the property tax levy, and other funds. Staff is trying to take small steps with each budget discussion to bring the full budget together by the end of August. The discussion tonight revolves around Council support of the projects to allow staff to move forward with overly- cautious assumptions on the interest rates. Mayor Zabel was hesitant to weigh in on future years’ debt without knowing 2025 numbers. Mr. Stasica noted that staff is very confident about the projected 2025 numbers presented such as $2 million in Debt Service. Council Member Willenbring asked if the $2 million is above and beyond the desired debt levy. Mayor Zabel stated it is 0.18% above the originally discussed 2024 Debt Levy. In response to Mayor Zabel’s question about the timeline for the 2025 Willowbrooke Improvements, Mr. Gitzlaff stated that the RFP will go out in January, with bids being awarded in March, and construction starting shortly thereafter. Ms. Volkers noted that the RFP will include the second and third Willowbrooke Neighborhood parks. Based on this timeline, the first levy year for the second Willowbrooke park would be 2026. Mayor Zabel requested the bond runs for the Willowbrooke park projects at 10 years instead of 15 years. Staff will provide the difference between these two bond runs and bring the interest savings information to Council when the CIP is discussed. In response to Ms. Volkers’ question about using a portion of the unallocated fund balance to pay for the Willowbrooke parks, Council Members Willenbring and Ingebrigtson were supportive. Mayor Zabel pointed out that the fund balance will significantly decrease in 2026 he believes. Mr. Stasica explained the correlation between budgeted expenditures and fund balance, and offered to email exact fund balance information to the Council. In reference to the use of the Closed Bond Fund, the Council was supportive of leaving it untouched for a few years, except for the typical usage to close debt service funds and to buy down levy for the final year on debt when feasible. This would be the 2015A debt service for 2025 levy. Council Member Ingebrigtson asked about the rate of inflation from January 1, 2024 to present. Mr. Stasica said he would pull the information from the Personal Consumption Expenditures (PCE) price index and send it via email. ADMINISTRATOR UPDATE Ms. Volkers provided an update on the Assistant City Administrator hiring process. WORKSHOP MINUTES JULY 9, 2024 PAGE SEVEN In reference to City park sign standardization, Ms. Volkers will send an email to the Council with a proposed Willowbrooke Commons monument sign. Ms. Volkers mentioned that the Strategic Planning meetings will be at Platinum Bank. The Council agreed to move forward with passing a resolution governing write-in vote counting for the City. COUNCIL TOPICS Council Member Morcomb reported that he reached out to Washington County Commissioner Stan Karwoski about moving forward with a prescription pill drop-off box. ADJOURNMENT The workshop was adjourned at 6:54 PM. Respectfully submitted, Sara Ludwig, City Clerk

Agenda

AGENDA City Council Workshop Meeting July 9, 2024 Hadley Conference Room 5:00 PM 5:00 PM Review of City of Oakdale Code of Ordinances, Chapter 10 – Liquor Control and Charitable Gambling 5:25 PM Management Discussion – Finance Director 5:40 PM Future Debt Levy 6:20 PM Artificial Turf for Volleyball in City Parks 6:35 PM Administrator Update 6:40 PM Council Topics 6:55 PM Adjourn for Regular Meeting COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Christina M. Volkers, City Administrator Date: July 9, 2024 Time: 5:00 PM Subject: Review of City of Oakdale Code of Ordinances, Chapter 10 – Liquor Control and Charitable Gambling BACKGROUND At the April 9, 2024 City Council Workshop, it was requested that staff review and make changes to the current City of Oakdale Code of Ordinances, Chapter 10, Article III – Charitable Gambling, especially as it relates to the definition of “reasonable benefit.” As it is timely and efficient to review an entire Chapter when making changes to City Code, Assistant City Attorney Rachel Tierney, alongside staff, are making the following proposed changes to Chapter 10, Articles II and III, for Council consideration as noted in the accompanied attachment using tracked changes. A brief summary of the proposed changes is provided below. CITY OF OAKDALE CODE OF ORDINANCES, CHAPTER 10 ARTICLE II – GENERAL CONDITIONS 1. Updates the language related to denials based on criminal convictions to comply with State law. 2. Updates the license fee language to match other City Code chapters. 3. Clarifies the process for denial of a license (or renewal) based on a background investigation. 4. Includes changes related to drinking alcohol in a public park (as requested by Council at the January 9, 2024 Workshop). 5. Clarifies the notice and hearing requirements for suspending, revoking, or not renewing a license. 6. Clarifies the notice and hearing requirements for other penalties, and establishes the right to impose license conditions. 7. Deletes the penalties and refers to the City’s fee schedule. CITY OF OAKDALE CODE OF ORDINANCES, CHAPTER 10 ARTICLE III – CHARITABLE GAMBLING Due to the complexity of the proposed changes, Sec. 10-23 through 10-31 have been repealed and replaced in their entirety. 1. Clarifies the difference between a “local premises permit” which is when the City gives authority for the State to permit a licensed organization to conduct gambling in a specific location; and a “local permit” which is a City-issued permit to conduct gambling that is not regulated by the State. 2. Describes the different application processes for each of the above, and the fees that may go along with each. 3. Separates the permission to conduct gambling from a connection to the on-sale licensee. Even though gambling can only be in on-sale establishments, the applicant should be the gambling organization, not the liquor license holder. 4. Adds a definition of “reasonable benefit” to the City as: More than 50% of the individuals benefited by the licensed organization are residents of the City; more than 50% of the volunteers for the licensed organization are residents of the City; or the physical site for the licensed organization’s headquarters or the registered business office of the licensed organization is within the City and has been located within the City for at least the two (2) years immediately preceding application. 1 COUNCIL DIRECTION REQUESTED Staff is requesting that Council discuss the proposed changes, and provide direction and intent regarding the following. 1. Charge a local gambling tax of up to 3% OR an investigation fee of $250, but not both. The gambling tax requires the City to file an annual report of its revenue and costs. Costs would include inspections, background checks, licensing enforcement, and law enforcement. 2. Use the “reasonable benefit test” on Local Permit applications. 3. Require 10% of the net profits be given to the City, which is a current requirement. 4. Require that up to 100% of the organization’s expenditures be spent in the “trade area”. Trade area includes all contiguous (touching) cities. This is currently “rolled in” to the reasonable benefit test. Attachment Proposed Changes to the City of Oakdale Code of Ordinances Chapter 10, Article 2 and Article 3 with Tracked Changes 2 CHAPTER 10 LIQUOR CONTROL AND CHARITABLE GAMBLING Article I Application of State Law Article II General Conditions Article III Charitable Gambling ARTICLE I. APPLICATION OF STATE LAW Sec. 10-01. Provisions of State Law Adopted. The provisions of Minn. Stat., Chap. 340A, with reference to the definition of terms, application for license, granting of licenses, conditions of license, restrictions on consumption, provisions on sales, conditions of bonds on licensees, hours ed of sale, and the distribution or consumption of intoxicating liquor or 3.2 malt liquor are hereby adopted and made a part of this Chapter as if fully set out herein, except as hereinafter modified or changed. ARTICLE II. GENERAL CONDITIONS Sec. 10-02. License Required. No person may directly or indirectly, upon any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic os beverages as part of a commercial transaction without having obtained the required license or permit. Sec. 10-03. Definitions. All words, terms and phrases when used in this chapter, shall have the meanings ascribed to them in Minn. Stat., Chap. 340A.101 et seq., except where the context clearly indicates a different meaning. (a) (b) (c) op Distilled spirits is ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. Microdistillery is a distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year. (Ord. 868, 02/23/21) Brew pub is a brewer who holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire pr (d) production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted by state statute. (Ord. 889, 11/22/22) Brewery taproom is an area on the premises of a brewery or on premises adjacent to a brewery owned by the brewer in which the brewer sells or otherwise provides malt liquor produced by the brewer for consumption within the brewery taproom. (Ord. 889, 11/22/22) Sec. 10-04. Types of Licenses. Licenses issued under this Chapter shall be of the following general types: (Ord. 898, 06/13/23) (1) On-Sale Intoxicating Liquor License. An on-sale intoxicating liquor license may only be issued to the following establishments: Oakdale MN Code of Ordinances: Chapter 10 - Page 1 a. Hotels; b. Restaurants, as defined by Minn. Stat., Chap. 340A, having a minimum seating capacity of 30 guests; c. Bowling centers; d. Clubs or congressionally chartered veterans’ organizations with the approval of the state commissioner, provided that the organization has been in existence for at least three years and liquor sales will only be to members and bona fide guests; e. Exclusive liquor stores; f. Brew pubs. (2) On-Sale Wine License. An on-sale wine license may only be issued with the approval of the state liquor control commissioner to a restaurant having facilities for seating at least 25 guests at one time. Subject to Council approval, the holder of an On-Sale Wine license, who (3) ed is also licensed to sell 3.2 Malt Liquor at on-sale and whose gross receipts are at least sixty percent attributable to the sale of food, may be issued an endorsement to said On Sale Wine license permitting the sale of Intoxicating Malt Liquors at on-sale without an additional license. Temporary On-Sale License. A temporary on-sale intoxicating license, authorizing the sale of intoxicating liquor for not more than four consecutive days, may be issued only to the os following in connection with a social event occurring within the City sponsored by the licensee: a. A club or charitable, religious, or other nonprofit organization in existence for at least three years; b. A political committee registered under Minn. Stat. 10.A14; or c. A state university. (4) (5) op Off-Sale Intoxicating Liquor License. An off-sale intoxicating liquor license may be issued only to an exclusive liquor store in the City with the approval of the state liquor control commissioner. On-Sale 3.2 Percent Malt Liquor License. An on-sale 3.2 percent malt liquor license may only be issued to restaurants, hotels, clubs, bowling centers, golf courses, and pr (6) establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of food and soft drinks. Off-Sale 3.2 Percent Malt Liquor License. An off-sale 3.2 percent malt liquor license may be issued permitting the sale of 3.2 percent malt liquor for consumption off the licensed premises only. (7) Temporary On-Sale 3.2 Percent Malt Liquor License. A temporary on-sale license for the sale of 3.2 percent malt liquor may be issued to a club or charitable, religious, or nonprofit organization and may authorize the sale of 3.2 percent malt liquor in any school or school buildings. Oakdale MN Code of Ordinances: Chapter 10 - Page 2 (8) On-Sale Sunday License. An On-Sale Sunday license authorizing the sale of intoxicating liquor on Sundays may be issued to a restaurant, club, bowling center, or hotel with a seating capacity for at least 30 persons and which holds an on-sale intoxicating liquor license. (9) Optional On-Sale 2 AM Closing License. A license may be issued to a licensee permitting the on-sale of intoxicating liquor or 3.2 percent malt liquor between the hours of 1:00 a.m. and 2:00 a.m. with the approval of the state liquor control commissioner. (10) Off-Sale Micro distillery License. A micro distillery may be issued an off-sale license of distilled spirits, with the approval of the Minnesota Alcohol and Gambling Control Commissioner. The license may allow the sale of a total of 750 milliliters per customer per day of product manufactured on site, provided that no brand may be sold unless it is also available for distribution by wholesalers. ed (11) On-Sale Brewery Taproom License. A brewery taproom may be issued an on-sale brewery taproom license for the on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer and shall be subject to all conditions and restrictions contained in Minn. Stat., Chap. 340A.26. Such license may not be issued to the holder of a cocktail room license or at the same location as a cocktail room. os (12) Off-Sale Small Brewery License. An off-sale small brewery license may be issued to a brewer subject to all conditions and restrictions contained in Minn. Stat., Chapter 340A.28 and Minn. Stat., Chap. 340A.285. op (13) Off-sale Brew Pub License. An off-sale brew pub license may be issued to an establishment holding an intoxicating liquor-brew pub on-sale license and is further subject to the restrictions in Minnesota Statute Chapter 340A. (14) On-Sale Cocktail Room License. An on-sale license issued to the holder of a micro distillery license or distilled spirits manufacturer license issued under Minn. Stat. Chapter 340A authorizing on-sale of distilled liquor produced by the micro distiller for consumption on the pr Premises of or adjacent to one distillery location owned by the distiller. Such license may not be issued to the holder of a taproom license or at the same location as a taproom. Sec. 10-05. Persons eligible. No retail license may be issued to: (1) (2) A person under 21 years of age; A person who has had any intoxicating liquor or 3.2 percent malt liquor license revoked within five years of the license application, or to any person who at the time of the violation precipitating the license revocation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; Oakdale MN Code of Ordinances: Chapter 10 - Page 3 (3) A person not of good moral character and repute; or (4) A person who has been convicted of any crime directly related to the licensed business as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensee as prescribed by Minnesota Statutes, Section 364.03, subdivision 3; or (5) A person who has a direct or indirect interest in any alcohol beverage manufacturer, brewer, or wholesaler. In addition, no new retail license may be issued to, and the city council may refuse to renew the license of, a person who, within five years of the license application, has been convicted of any felony or any willful violation of a federal or state law or city ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage. ed Sec. 10-06. Application for License; Initial, Renewal, Change of Ownership or Business Control of Licensed Premises. A properly completed application for a liquor license shall be required upon initial application, upon license renewal and upon any change of ownership or business control of a licensed premises. No person shall, under penalty of perjury, make a false statement in an application. Aside from such criminal penalties as may attach, the making of a false statement in connection with an application for license under this Chapter shall in and of itself constitute sufficient grounds for the immediate disqualification of the application or revocation of any license os subsequently issued in reliance upon such false statement. Every application for a license to sell alcoholic beverages shall be verified and filed with the city licensing authority. Every application for a license under this Chapter shall be made on a form supplied by the City and shall minimally contain the following information: (1) If the applicant is a natural person: op (a) (b) (c) (d) The name, place and date of birth, residential street address, and telephone number of the applicant. Whether the applicant is a citizen of the United States or a resident alien. Whether the applicant has ever used or been known by another name other than the applicant’s current name, and if so, the name or names used and information concerning the dates and places when used. The name of the business if it is to be conducted under a designation, name or style pr (e) (f) other than the name of the applicant and a certified copy of the certificate as required by Minnesota Statutes, Section 333.01. All street addresses at which the applicant has resided during the preceding five (5) years. The type, name, and location of every business or occupation in which the applicant has been engaged during the preceding five (5) years and the name(s) and address(es) of the applicant’s employer(s) and partner(s), if any, for the preceding five (5) years. (g) Whether the applicant has ever been convicted of a felony or misdemeanor level crime, or for the violation of any ordinance other than a traffic ordinance. If so, the applicant shall furnish information as to time, place and description of offense for which convictions were had. (h) The physical description of the applicant. Oakdale MN Code of Ordinances: Chapter 10 - Page 4 (i) Whether the applicant is married or single. If married, true name, place and date of birth, and street address of the applicant’s present spouse. (2) If the applicant is a partnership: (a) The name(s) and address(es) of all general and limited partners and all information concerning each partner as required in subpart (1) of this section. (b) The name(s) of the managing partner(s) and the individual percentage of ownership for each partner in the liquor business. (c) A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, Section 333.01, a certified copy of such certificate shall be attached to the application. (3) ed If the applicant is a corporation or other organization: (a) (b) The name of the corporation or business form, and if incorporated, the state of the incorporation. A certified copy of the complete Certificate of Incorporation, Articles of Incorporation or Association Agreement shall be attached to the application. If the application is (c) (d) os a foreign corporation, a Certificate of Authority as required by Minnesota Statutes, Section 303.06, shall be attached. The name of the manager(s), proprietor(s), or other agent(s) in charge of the business and all information concerning each manager, proprietor, or agent as required under subpart (1) of this section. A list of all persons who control or own any interest in such organization or business form or who are officers of the corporation or business form including the individual (4) op percentage of ownership for each affiliated member and all information concerning said persons as required in subpart (1) of this section. For all applicants: (a) Whether or not the applicant holds a current liquor license from any other governmental unit. pr (b) (c) (d) Whether or not the applicant has ever been engaged in operating or as an employee of a saloon, hotel, restaurant, café, tavern or other business of a similar nature. If so, the applicant shall furnish information as to the time, place and length of time of such engagement. Whether or not the applicant has previously been denied a liquor license from any other governmental unit. The location of the premises upon which the applicant proposes to sell liquor and an exact description, including the proposed floor plan and seating capacity, for the particular location within the building structure where such sales are proposed. (e) The legal description of the business premises. (f) Whether or not all real estate and personal property taxes that are due and payable to the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. Oakdale MN Code of Ordinances: Chapter 10 - Page 5 (g) Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or designs are currently on file with the Oakdale Building Inspection Department, no additional drawings or plans need to be submitted. (h) Every application shall include a copy of any summons issued under Minn. Stat. 340A.802 and received by the applicant during the preceding year (i) Such other information as the City Council or the state liquor control commissioner may require. In all cases, the main applicant must be the individual who controls or owns the majority of the interest in the business for which the liquor license is being sought. ed Sec. 10-7. Liability Insurance. No retail license may be issued, maintained or renewed unless the applicant demonstrates proof of financial responsibility with regard to liability imposed by Minn. Stat. 340A.409. The minimum requirement for proof of financial responsibility may be given by filing a certificate of insurance providing coverage as required in state law. The operation of an "on sale" or "off sale" liquor business without having on file at all times with the city, proof of an effective bond, insurance policy, or other security as required, shall be sufficient grounds for immediate revocation of the involved license. os Sec. 10-8. Payment of Fees. Each application for a license under this Chapter shall be accompanied by a payment in full of the required license fee as such fees are determined by the City Council. All such license fees shall be paid into the General Fund of this municipality. Upon rejection of any application for a license, the treasurer shall refund to the applicant, the amount paid. (1) License Fee. Each application for a license or license renewal must be accompanied by a (2) op payment in full of the required license fee, as determined by the City Council. Upon rejection of any application for license or upon withdrawal of any application before City Council approval, the license fee shall be refunded in full to the applicant, except where rejection is for a willful misstatement in the license application. Late Fee. If a renewal application is received after the given due date, a late fee, as determined by the City Council, shall be charged to the applicant. Late renewal pr (3) applications shall not be processed until the late fee is paid in full. The late fee must be paid separately from the renewal application fee due to accounting purposes. Each application for renewal submitted after the given due date for such application must be accompanied by payment in full of a late fee, as determined by the City Council. Late fees are not refundable. Public Hearing Notice Fee. New license applicants must pay a public hearing notice fee, per for each notice posting. The fee is non-refundable and must be paid prior to the public hearing. The amount of the public hearing notice fee shall be determined by the City Council. Sec. 10-9. Investigation Required; Fee. Subject to the monetary limitations imposed under Minnesota Statutes, Section 340A.412, Subdivision 2, each initial application for an "on sale" or Oakdale MN Code of Ordinances: Chapter 10 - Page 6 "off sale" license shall be accompanied by a nonrefundable investigation fee in an amount as determined by the City Council, provided however, that said investigation fee may be waived upon an affirmative vote of the City Council. Background check fees are not refundable. After the completion of the initial investigation, the City Council may determine that further investigation is necessary to determine the applicant's qualifications. When such further investigation is so ordered, an additional fee, not to exceed applicable statutory limitations, may be assessed to cover the reasonable cost and expense of such investigation. At the discretion of the City Council, an investigation with corresponding nonrefundable fee as determined by the City Council may be required prior to the renewal of any existing "on sale" or "off sale" license whenever such investigation is deemed to be in the public interest. No license may be issued, renewed, or change in ownership or business control permitted if the results of the investigation show, to the satisfaction of the governing body, that issuance, renewal, or change in ownership or business control would not be in the public interest. If the City intends ed to deny issuance, renewal, or change in ownership based on a criminal conviction, the applicant shall be advised of the procedures under Minnesota Statute Chapter 364, which shall be followed by the City prior to a determination to deny. Prior to denial of issuance or change in ownership, the City will provide the applicant with written notice of the denial and the basis for the denial and inform the applicant of their right to a hearing on the denial. Notice shall be delivered in person or by regular mail to the applicant at the address provided in the application and shall inform the applicant of the applicant’s right to a hearing. If no request for a hearing is received within ten os (10) days following the service of the notice, the matter shall be submitted to the City Council for denial. The procedure for denial of an application to renew is outlined in Section 10-21. Sec. 10-10. Notice and Hearing. No initial application for "on sale" licensing by the licensee shall be acted upon by the City Council until a public hearing, preceded by at least ten (10) days published notice, shall have been held. Said notice shall be published once in the legal newspaper designated as such by the city, and shall include the time, place and purpose of the op hearing, the name of the applicant, and the description and location of the premises. Sec. 10-11. Expiration of License; Prorating. All licenses issued pursuant to this Chapter shall expire on the last day of March of each year. Each license shall be issued for a period of one year except that if a portion of the license year (April to March following) has elapsed at such time as the application is filed, a license may be issued for the remainder of the license year for a pro rata fee. For the purpose of computing such "pro rata fee", any fraction of a month falling within the pr license period shall be counted as a full month. Sec. 10-12. License Limited to Applicant and Described Premises. Each license, as provided under this chapter, shall be issued only to the listed applicant and may not be transferred in any way, manner, or form to another holder. Changes in the articles of incorporation or partnership agreements, as the case may be, shall be submitted to the City within 10 days after such changes are made. The licensee shall notify the licensing authority when a person not listed in the application acquires an interest in the partnership or corporation and shall give all information about the person as is required in an initial application. Subsequent investigation determining the ineligibility of a corporate member(s) or partner(s) shall be sufficient grounds for the revocation of the involved license. Unless modified to the contrary, a license issued under this Chapter is valid only for the structural building portion of the premises described in the application, and shall not be transferable to new premises except upon the approval of the City Council. Oakdale MN Code of Ordinances: Chapter 10 - Page 7 Sec. 10-13. Places Ineligible for License. (1) No license required by this Chapter shall be issued for any place or for any business ineligible for such a license under State law. (2) No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the city are delinquent or unpaid. (3) In those cases where licenses are desired for premises within one thousand (1,000) feet of any school or any church, the city shall cause a notice of a license application hearing to be mailed to all churches and schools located within one thousand (1,000) feet of such premises. In the case of a school, the distance is to be measured in a straight line from the parcel or lot upon which the business to be licensed is located to the nearest point of the parcel or lot upon which the school is located. In the case of a church, the distance shall be measured in the same manner as set forth above, except it is to be measured to the nearest point of the church building itself. The erection of a school or church within (4) ed one thousand (1,000) feet of an existing licensed premise, after the granting of the original application, shall not in and of itself render such premises ineligible for renewal of the license. No license shall be granted for operation on any premises upon which any city code or state code violations exist, nor which is in violation of any building permit or development agreement entered into between the proposed licensee, or licensees, and the city, except that the city may grant a temporary or restricted license for use on part of the premises or os for part of the time, if the City Council determines that it is in the best interest of the city to grant said temporary or restricted license and the facts upon which said determination is made are stated in the resolutions granting the license. "Premises" as used in this section, refers not only to the building for which the license was issued, but also included all land adjoining the building and owned by the licensee. Sec. 10-14. Application for License Renewal. Applications for the renewal of an existing license op shall be made at least sixty (60) days prior to the date of the expiration of the license and shall be made in such form as the City may approve. Proposed enlargement, alteration, or extension of premises previously licensed shall be reported to the City at or before the time application is made. If, in the judgment of the City Council, good and sufficient cause is shown by any applicant for that applicant's failure to file an application for license renewal within the time provided, the City Council may, upon a determination of compliance with all other provisions of this Chapter, accept the delinquent application. The City shall investigate the facts set out in the application, as pr in the case of an initial application for license. Sec. 10-15. Compliance Checks. From time to time, but at least once per year, the city shall conduct compliance checks by using underage persons over the age of 18 years but under the age of 21 years to enter the licensed premise to attempt to purchase alcohol. Designated law enforcement personnel shall supervise the underage persons used for compliance checks. Underage persons used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of alcohol when such alcohol is obtained or attempted to be obtained as part of the compliance check. No underage person used in the compliance check shall attempt to use a false identification misrepresenting the underage person’s age and all underage persons lawfully engaged in a compliance check shall answer all questions about the underage person’s age asked by the licensee or his or her employee and Oakdale MN Code of Ordinances: Chapter 10 - Page 8 shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by State or Federal laws for educational, research or training purposes, or required for the enforcement of a particular State or Federal law. Sec. 10-16. Conditions of License. (1) Generally. Every liquor license issued pursuant to this Chapter shall be granted subject to the terms and conditions set forth in the following subdivisions of this section, in addition to all other provisions of this code and of any other applicable city code section or State Statute. (2) License Posting. A retail license to sell alcoholic beverages must be posted in a conspicuous place in the licensed premises. (3) Notice Posting. A premises licensed for the retail sale of alcoholic beverages must post ed and maintain in a conspicuous place within the licensed premises clearly visible to consumers; one sign 14 ½ inches wide by 8 inches high as designed by the commissioners of health and public safety, which incorporates the following information: (a) (b) the penalties of driving while under the influence of alcohol; penalties for serving alcoholic beverages to a person who is obviously intoxicated or under 21 years of age; and (4) (c) os a warning statement regarding drinking alcohol while pregnant. A sign that complies with this subdivision is available for reproduction from the state commissioners of health and public safety. A retail licensee may not modify the sign design but may modify the color. Responsibility of Licensee/Manager. Every licensee, and in the case of a corporation, the Manager as named on the license, shall be responsible for the conduct of the place of (5) op business, the conditions of sobriety and order maintained therein and the observance of all applicable laws. The act of any employee authorized to sell or serve alcoholic beverages under State and/or local law, committed on the licensed premises shall be deemed to be the act of the licensee as well. As such, the licensee shall be liable for and subject to all penalties, as provided under this Chapter, equally with the involved employee(s). Persons Denied Access. No intoxicating liquor or 3.2 malt liquor shall be sold, furnished, or pr (6) (7) delivered for any purpose to any obviously intoxicated person, to any habitual drunkard, or to any person under twenty-one (21) years of age. Prostitution Prohibited on Licensed Premises. No licensee shall permit the licensed premises or any part thereof or any room in any adjoining building, either directly or indirectly under the licensee's control, to be used as a resort or other point of congregation for prostitution. Prohibited Acts; Conduct. The following acts or conduct on licensed premises are deemed to be contrary to the public welfare and morals, and as such, no "on sale" or "off sale" license shall be held at any premises where such conduct or acts are permitted: (a) To employ or use any person in the sale or service of intoxicating liquor or 3.2 malt liquor in or upon the licensed premises while such person is unclothed or in such attire, costume, or clothing so as to expose to view any portion of the female breast Oakdale MN Code of Ordinances: Chapter 10 - Page 9 below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals; (b) To employ or use the services of any hostess while such hostess is unclothed or in such attire, costume, or clothing as is described and expressly prohibited in Paragraph (a) above; (c) To encourage or permit any person on the licensed premises to touch, caress, or fondle the breasts, buttock, anus, or genitals of any person; (d) To permit any employee or person to wear or use any device or covering exposed to view, which simulates the breast, genitals, anus, pubic hair, or any portion thereof; (e) To permit any employee or other person to perform acts of, or acts which simulate, the following: (1) Sexual intercourse, masturbating, sodomy, bestiality, oral copulation, (f) (2) (3) ed flagellation, or any other sexual acts which are prohibited by law; The touching, caressing, or fondling of the breasts, buttocks, anus, or genitals; or The displaying of the pubic hair, anus, vulva, genitals, or the nipple or areola of the female breast. To permit any employee or other person to use artificial devices or inanimate (g) (h) os objects to depict any of the prohibited activities described in paragraph (e) above; To permit any person to remain in or upon the licensed premises who exposes to public view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals, except where said breast, pubic hair, anus, buttocks, vulva or genitals are covered with, or by, opaque clothing; To permit the showing of "still" photographs, electronic reproductions or other visual op reproductions depicting the following: (1) (2) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are otherwise prohibited by law; Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals; pr (i) (3) (4) Scenes depicting the display of the vulva or the anus or genitals; or Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray any of the prohibited acts described above. To permit any person, employee, or person otherwise under contract to perform on the premises, to dance on any table, bar, or other elevated platform, except on a duly designated stage designed exclusively for the entertainment of patrons of the licensed premises. Where any licensed establishment has such a stage, said "stage" is to be located not less that three (3) feet from any patron and there shall be provided, adequate dressing room(s) for the entertainers, one for males and another for females. Oakdale MN Code of Ordinances: Chapter 10 - Page 10 (8) Inspection of Premises. Any peace officer, health officer, or any other properly designated officer or employee of the city, shall have the unqualified right to enter, inspect and/or search the premises of the licensee during business hours or at other reasonable times without a warrant for same. Sec. 10-17. Consumption in Public Places, Automobiles. No person shall consume, or possess an open container which contains intoxicating liquor or 3.2 malt liquor on a public street or highway, or in an automobile, or in a public park where prohibited and duly posted, or in any other public place, including, but not limited to, the parking lot of the licensed premises or adjoining parking areas not under the control of the licensee. If the open container is, or appears to be, an original package, as defined by State law, or a bottle marked as an original package, the contents will be presumed to be intoxicating liquor or 3.2 malt liquor. Sec. 10-18. Employment of, and Sales by, Minors. (1) (2) ed It shall be unlawful for any licensee under this Chapter to allow any person under the age of eighteen (18) to sell, serve, or deliver any alcoholic beverage. It shall be unlawful for any person under the age of eighteen (18) years to sell, serve or deliver any alcoholic beverage. os Sec. 10-19. Evacuation of Premises; New Year's Eve Exception. No "on sale" licensee shall permit any intoxicating liquor or 3.2 malt liquor to be consumed on the licensee's premises during the hours when the sale thereof is by this section, prohibited; provided, however, that the licensee shall be allowed a thirty (30) minute period following the 2:00 a.m. closing hour to clear the premises of customers and any other persons, not including "on-duty" employees, who are on the premises at 2:00 a.m. An exception to this evacuation requirement shall be permitted on New Year's Eve as follows: Patrons who are on the licensed premises prior to closing time may remain op on the licensed premises after closing time until 4:00 a.m. on New Year's Day for the purpose of consuming only food and nonalcoholic beverages. Sec. 10-20. Seized Liquor. Contingent on the final determination of any action pending in a court, the Chief of Police or the Police Chief's designee shall dispose of alcoholic beverages, materials, or apparatus seized by duly licensed peace officers employed by the City of Oakdale in connection with violations of this Chapter by: pr (1) (2) Delivering alcoholic beverages to the bureau of criminal apprehension or state patrol for use in chemical testing programs; or Destroying or otherwise disposing of alcoholic beverages or contraband articles that have no lawful use. Sec. 10-21. License Suspension; Revocation; Non-Renewal. (1) Generally. The City Council may suspend, or revoke, or not renew a license or permit to sell alcoholic beverages on a finding that the licensee or permit holder has failed to comply with an applicable statute, regulation, or ordinance relating to alcoholic beverages. (2) Notice and Right to Hearing. Prior to revoking or suspending, revoking, or not renewing any license under this chapter, the City shall provide a licensee or permit holder with written Oakdale MN Code of Ordinances: Chapter 10 - Page 11 notice of the alleged violations and inform the licensee of his or her right to a hearing on the alleged violation. (a) Notice shall be delivered in person or by regular mail to the applicant licensee at the address provided in the license application and shall inform the applicant licensee of the applicant’s licensee’s right to a hearing. The notice will indicate that a response must be submitted within ten (10) days of receipt of the notice, or the right to a hearing will be waived. (b) Such notice will include notice of the proposed penalty and of licensee’s right to a hearing as follows: i. If licensee wishes to admit the facts but contest the penalty, the hearing will ii. ed be held before the Council. The licensee will be allowed to present testimony to the Council regarding the appropriateness of the penalty. Following the hearing, the Council will, by resolution, determine the appropriate penalty, if any. If licensee wishes to contest the facts, a hearing will be conducted, under the procedures established in section 14.57 to 14.69 of the Minnesota os Administrative Procedures Act, before an independent hearing officer appointed by the City, or under contract with the City. Following the issuance of the independent hearing officer’s report, the Council will hold a hearing and will consider the report. Licensee may provide testimony to the Council regarding the report. The Council may accept, reject, or modify the findings, conclusions, and recommendations of the independent hearing officer. Following the hearing, the Council will, by resolution, adopt findings and a op (c) determination of the appropriate penalty, if any. If no request for a hearing is received within ten (10) days following the service of the notice, the matter shall be submitted to the City Council for suspension or, revocation, or non-renewal. For the purpose of a mailed notice, service shall be considered complete as of the date the pr (3) notice is placed in the mail. If a hearing is requested within the stated time frame, a hearing shall be scheduled within twenty (20) days from the date of the request for the hearing. Emergency. If, in the discretion of the City, imminent harm to the health or safety of the public may occur because of the actions of a liquor licensee, the City may immediately suspend the license or permit and provide notice of the right to hold a subsequent hearing as prescribed in part (2) of this section. Sec. 10-22. Enforcement and Penalties. (1) Enforcement. Violations of the provisions established in this Chapter may be enforced through both criminal and civil sanctions. Oakdale MN Code of Ordinances: Chapter 10 - Page 12 (2) Criminal Prosecution. Any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor in district court for any violation of this Chapter or criminal prosecution under Minnesota Statutes for violations of other statutes, rules or ordinances. (3) Administrative Penalties. The following are the administrative penalties for violations of this Chapter can be found in the City’s fee schedule. At the time of imposition of an administrative penalty, and in addition to the penalties in the City’s fee schedule, the Council may impose reasonable license conditions. The notice and hearing procedure for imposition of a license suspension, revocation, or non-renewal are provided in section 10- 21. For all other proposed penalties, the City will provide the licensee with written notice of the proposed penalty and the basis for the proposed penalty and inform the applicant of their right to a hearing on the proposed penalty. Notice shall be delivered in person or by ed regular mail to the licensee at the address provided in the application and shall inform the licensee of the licensee’s right to a hearing before the City Council. If no request for a hearing is received within ten (10) days following the service of the notice, the matter shall be submitted to the City Council for approval.: (a) First violation. Any licensee found to have violated this Chapter shall be charged an administrative penalty of five hundred dollars ($500.00). (b) (c) os Second violation. Any licensee found to have violated this Chapter two (2) times within a twenty-four (24) month period shall be subject to a one thousand dollar ($1,000.00) administrative penalty. Third violation. Any licensee found to have violated this Chapter three (3) times within a twenty-four (24) month period shall be subject to a two thousand dollar ($2,000.00) administrative penalty. In addition, a one (1) day suspension of the liquor license shall be imposed. op (d) (e) Fourth violation. Any licensee found to have violated this Chapter four (4) times within a twenty-four (24) month period shall be subject to a two thousand dollar ($2,000.00) administrative penalty. In addition, a ten (10) day suspension of the liquor license shall be imposed, covering ten (10) consecutive business days. Fifth violation. Any licensee found to have violated this Chapter five (5) times within a twenty-four (24) month period shall have their liquor license revoked. pr (4) Other Penalties. Nothing in this section shall restrict or limit the authority of the City Council to suspend up to sixty (60) days, revoke the license, impose a civil fine not to exceed two thousand dollars ($2,000), or to impose conditions or take any other adverse action in accordance with law, provided that the license holder has been afforded an opportunity for a hearing as provided under Sec. 10-2119. ARTICLE III. CHARITABLE GAMBLING Sec. 10-23. Purpose. The purpose of this chapter is to regulate lawful gambling within the city, to prevent its commercialization, to ensure the integrity of operations, and to provide for the use of net profits only for lawful purposes. Sec. 10-24. Definitions. In addition to the definitions contained in Minn. Stat. §349.12, as it may be amended from time to time, the following terms are defined for purposes of this chapter: Oakdale MN Code of Ordinances: Chapter 10 - Page 13 • Board. The State of Minnesota Gambling Control Board. • Licensed Organization. An organization licensed by the Board. • Local Permit. A permit issued by the city. • Trade Area. The City of Oakdale and each city contiguous to the city. Sec. 10-25. City May Be More Restrictive Than State Law. The City Council is authorized by the provisions of Minn. Stat. §349.213, as it may be amended from time to time, to impose, and has imposed in this Chapter, additional restrictions on gambling within its limits beyond those contained in Minn. Stat. Chapter 349, as it may be amended from time to time. Sec. 10-26. Fee Determined. The annual fee for a charitable gambling approval as required under this section shall be determined by the City Council. Sec. 10-27. Gambling; Gambling Device Prohibited. No licensee shall keep, posses or operate or ed permit the keeping, possession or operation of any slot machine, dice or any other such gambling device or apparatus on the licensed premises or in any room adjoining the licensed premises and shall not permit any gambling therein, except that pull-tabs and tipboards may be sold on licensed premises when such activity is licensed by the State pursuant to Minnesota Statutes, Chapter 349, and conducted pursuant to the regulations contained in the Municipal Code. This exception shall not apply to establishments licensed by the city for the sale of 3.2 malt beverages, 3.2 malt beverages and wine, and 3.2 malt beverages and wine as menu items only. os Notwithstanding other provisions of the Municipal Code to the contrary, the City Council may permit an on-sale license to permit the holding of a single event, such as a banquet, that includes the sale of raffle tickets as a part of the event activity, provided that such events are separate from the public areas of the licensed establishment, not open to the general public and the raffle conducted by a charitable organization licensed by the State of Minnesota. Sec. 10-28. Pull Tabs, Tipboards and Paddlewheels in Bars. On-sale licensees may request op permission of the City Council to permit qualified charitable organizations to conduct lawful gambling in the form of pull-tabs, tipboards and paddlewheels only on the licensed premises. Application for permission shall be made to the City Clerk and payment of the specified fee. If the application is granted, the license shall contain an endorsement specifying this approval and the gambling endorsement may be considered for renewal at the same time as the City Council may consider renewal of the on-sale license. Gambling endorsements on "on-sale" licenses shall be subject to the following regulations that pr shall be deemed as a part of the license, such that failure to comply with same may constitute grounds for adverse action as prescribed in the Municipal Code: 1. 2. Use of the licensed premises shall be by means of a written lease agreement between the licenses and the charitable organization. The lease shall be a term of at least one year; a copy shall be filed with the City Clerk. No more than two charitable organizations shall be permitted to sell pull-tabs or tipboards on the licensed premises, provided they are located in totally separate areas or sell at separate times. 3. Must be a charitable organization that can demonstrate reasonable benefit through service or financial contribution to organizations in the City of Oakdale Trade Area. The City Council shall determine, on a case-by-case basis, if an organization has demonstrated that sufficient contribution has been provided to meet the definition of reasonable. Oakdale MN Code of Ordinances: Chapter 10 - Page 14 Sec. 10-29. Charitable Gambling Regulations. The sale of pull-tabs, tipboards and paddlewheels shall be conducted only by qualified and state licensed charitable organizations. In addition to satisfying the qualifications set forth in Minnesota Statutes, Chapter 349, the following regulations and qualifications must be complied with by all such charitable organizations: 1. Must file financial reports monthly with the City Clerk; 2. Shall pay to the city 10% of the net profits, after prizes, taxes and lawful expenses, from selling of pull-tabs, tipboards and paddlewheels; and 3. Must be a charitable organization that can demonstrate reasonable benefit through service or financial contribution to organizations serving in the Trade Area of the City of Oakdale. The City Council shall determine, on a case-by-case basis, if an organization has demonstrated that sufficient contribution has been provided to meet the definition of reasonable. Sec. 10-30. Records and Reporting. Organizations conducting lawful gambling shall file with the ed City Clerk one copy of all records and reports required to be filed with the Board, pursuant to Minn. Stat. Chapter 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they may be amended from time to time. The records and reports shall be filed on or before the day they are required to be filed with the Board. Sec. 10-31. Violations. Violation of any part of this ordinance, including the failure to make timely reports to the City of Oakdale, shall be considered grounds for the city to refuse to approve the os granting or renewal of the gambling license of the organization which is in violation. In addition, any person or organization violating any term of this ordinance shall be guilty of a petty misdemeanor, and upon conviction, shall be subject to a fine up to $100. Further, a violation that is preceded with the previous twelve (12) months by two or more violations of this ordinance shall constitute a misdemeanor, and upon conviction, shall be subject to a fine of up to $700, imprisonment up to ninety (90) days, or both. Sec. 10-23. Adoption of state law by reference. op The provisions of Minn. Stat. Ch. 349, as they may be amended from time to time, are hereby adopted by reference and are made a part of this ordinance as if set out in full. Sec. 10-24. City may be more restrictive than state law. The Council is authorized by the provisions of Minn. Stat. § 349.213, as it may be amended from time to time, to impose, and has imposed in this ordinance, additional restrictions on gambling pr within its limits beyond those contained in Minn. Stat. Ch. 349, as it may be amended from time to time. Sec. 10-25. Purpose. The purpose of this ordinance is to regulate lawful gambling within the City of Oakdale, to prevent its commercialization, to ensure the integrity of operations, and to provide for the use of net profits only for lawful purposes. Sec. 10-26. Definitions. In addition to the definitions contained in Minn. Stat. § 349.12, as it may be amended from time to time, the following terms are defined for purposes of this ordinance: Oakdale MN Code of Ordinances: Chapter 10 - Page 15 BOARD means the State of Minnesota Gambling Control Board. CITY PREMISES PERMIT a permit issued by the city approving a licensed organization to conduct lawful gambling at a specific location in the city. LICENSED ORGANIZATION means an organization licensed by the Board. LOCAL PERMIT means a permit issued by the city to allow lawful gambling that is excluded or exempted from state licensing requirements. STATE PREMISES PERMIT a permit issued by the Board that must be approved by the city for a licensed organization to conduct lawful gambling at a specific location. TRADE AREA means the City of Oakdale and each city contiguous to the city. Sec. 10-27. Applicability. ed This ordinance shall be construed to regulate all forms of lawful gambling within the city except bingo conducted within a nursing home or a senior citizen housing project or by a senior citizen organization if the prizes for a single bingo game do not exceed $10, total prizes awarded at a single bingo occasion do not exceed $200, only members of the organization, residents of the nursing home or housing project, and their guests, are allowed to play in a bingo game, no os compensation is paid for any persons who conduct the bingo, and a manager is appointed to supervise the bingo. Sec. 10-28. Lawful gambling permitted. Lawful gambling is permitted within the city provided it is approved by the Council and conducted in accordance with Minn. Stat. §§ 609.75-.763, inclusive, as they may be amended from time to op time; Minn. Stat. §§ 349.11-.23, inclusive, as they may be amended from time to time; and this ordinance. Sec. 10-29. Application for city premises permits. (1) Any licensed organization seeking to obtain a state premises permit from the Board, must apply for a city premises permit by filing with the city clerk an executed, complete duplicate application, together with all exhibits and documents accompanying the state permit pr application that will be filed with the Board. (2) Upon receipt of an application for issuance of a city premises permit, the city clerk will transmit the application to the chief of police for review and recommendation. The chief of police will investigate the matter and make the review and recommendation to the City Council. Organizations applying for a city premises permit must pay the city an investigation fee as outlined in the fee schedule. This fee will be refunded if the application is withdrawn before the investigation is commenced. If the city premises permit is approved, the licensed organization will be responsible for an annual investigative fee for conducting lawful gambling within the city. Oakdale MN Code of Ordinances: Chapter 10 - Page 16 (3) The applicant will be notified in writing of the date on which the Council will consider the recommendation. The Council will by resolution approve or disapprove the application. The Council may deny an application for issuance or renewal of a city premises permit for any of the following reasons: a. Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three (3) years. b. Violation by the on-sale establishment or organization leasing its premises for gambling of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, and protection of public safety within the last three (3) years. ed c. Lawful gambling would be conducted at premises other than those for which an on- sale liquor license has been issued. d. Lawful gambling would be conducted at a premises where ether is not a written lease between the on-sale establishment and the licensed organization for a term of at least one year. os e. Lawful gambling would be conducted at a premises for which more than two licensed organizations would be permitted to conduct lawful gambling. f. Lawful gambling would be conducted by more than one organization at the same time or in the same area. opg. The applicant fails to demonstrate a reasonable benefit to the City of Oakdale. Reasonable benefit can be established by any of the following: i. More than 50% of the individuals benefited by the licensed organization are residents of the city; pr ii. iii. More than 50% of the volunteers for the licensed organization are residents of the city; or The physical site for the licensed organization’s headquarters or the registered business office of the licensed organization is within the city and has been located within the city for at least the two (2) years immediately preceding application. h. Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Oakdale MN Code of Ordinances: Chapter 10 - Page 17 Sec. 10-30. Local Permits. (1) No organization is permitted to conduct lawful gambling excluded or exempted from state licensure requirements by Minn. Stat. § 349.166, as it may be amended from time to time, without a valid local permit. This section does not apply to lawful gambling exempted from local regulation by Section 10-27 of this ordinance. Applications for issuance or renewal of a local permit must be on a form prescribed by the city. The application must contain the following information: (a) Name and address of the organization requesting the permit. (b) Name and address of the officers and person accounting for receipts, expenses, and profits for the event. ed (c) Dates of gambling occasion for which permit is requested (must be 5 or fewer per calendar year). (d) Address of premises where event will occur. (e) Copy of rental or leasing arrangement, if any, connected with the event, including rent to be charged to the organization. os (f) Estimated value of prizes to be awarded (must be equal to or less than $50,000). (2) The fee for a local permit will be as reflected in the city’s fee schedule. The fee must be submitted with the application for a local permit. Upon receipt of an application for issuance or renewal of a local permit, the city clerk will transmit the notification to the chief of police for review and recommendation. The chief of police will investigate the matter and make review and recommendation to the City Council as soon as possible, but in no event op later than 45 days following receipt of the notification by the city. (3) The applicant will be notified in writing of the date on which the Council will consider the recommendation. The Council may deny an application for issuance or renewal of a premises permit for any of the following reasons: (a) Violation by the gambling organization of any state statute, state rule, or city pr ordinance relating to gambling within the last three (3) years. (b) Violation by the on-sale establishment, or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to the operation of the establishment, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice, and protection of public safety within the last three (3) years. (c) The organization has not been in existence for at least three (3) consecutive years prior to the date of application. Oakdale MN Code of Ordinances: Chapter 10 - Page 18 (d) The organization does not have at least thirteen (13) active and voting members. (e) Exempted or excluded lawful gambling will not take place at a premises the organization owns or rents. (f) Exempted or excluded lawful gambling will not be limited to a premises for which an on-sale liquor license has been issued. (g) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. ed (4) Local permits will be valid for one (1) year after the date of issuance unless suspended or revoked. Sec. 10-31. Revocation and suspension of local permit. A local permit may be revoked or temporarily suspended for a violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling. A local permit will not be revoked or suspended until written notice and an opportunity for a hearing have first os been given to the permitted person. The notice must be personally served or sent by U.S. mail. Notice must state the violation and that the permitted person is entitled to a hearing on the matter. If the permitted person requests a hearing, the Council will hold a hearing. If, as a result of the hearing, the Council finds that an ordinance violation exists, then the Council may suspend or revoke the permit. Sec. 10-32. License and permit display. op All permits issued under state law, or this ordinance, must be prominently displayed during the permit year at the premises where gambling is conducted. Sec. 10-33. Local gambling tax. A local gambling tax of up to 3 (three) percent per year is imposed on the gross receipts of a licensed organization from all lawful gambling less prizes actually paid out by the organization. pr The tax must be paid by the organization on a monthly basis and must be reported on a copy of the monthly gambling activity summary and tax return filed with the Minnesota Department of Revenue. The report must be an exact duplicate of the report filed with the Department, without deletions or additions, and must contain the signatures of organization officials as required on the report form. The tax return and payment of the tax due must be postmarked, or, if hand-delivered, received in the office of the city clerk, on or before the last business day of the month following the month for which the report is made. An incomplete tax return will not be considered timely filed unless corrected and returned by the due date for filing. Interest will be charged at a rate of eight percent (8%) on all overdue taxes owed by the organization under this Section. Sec. 10-34. Contribution of net profits to fund administered by city. Each licensed organization must contribute ten percent (10%) of its net profits derived from lawful gambling in the city to a fund administered and regulated by the city without cost to the fund. The Oakdale MN Code of Ordinances: Chapter 10 - Page 19 city will disburse the funds for charitable contributions as defined by Minn. Stat. § 349.12, subd. 7a, as it may be amended from time to time. Payment under this section will be made on the last business day of each month. The city’s use of such funds will be determined at the time of adoption of the city’s annual budget or when the budget is amended. Sec. 10-35. Designated trade area. Each organization licensed to conduct gambling within the city must expend one hundred percent (100%) of its lawful purpose expenditures on lawful purposes conducted within the city’s trade area. This section applies only to lawful purpose expenditures of gross profits derived from gambling conducted at a premises within the city’s jurisdiction. Sec. 10-36. Records and reporting. ed Organizations conducting lawful gambling must file with the city clerk one copy of all records and reports required to be filed with the Board, pursuant to Minn. Stat. Ch. 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they may be amended from time to time. The records and reports must be filed on or before the day they are required to be filed with the Board. Organizations licensed by the Board must file a report with the city proving compliance with the trade area spending requirements imposed by Section 10-35. Such report must be made on a form prescribed by the city and must be submitted annually. Sec. 10-37. Penalty. os In addition to any violation otherwise permitted by the City Code, violations of this chapter will be reported to the Board and a recommendation may be made for suspension, revocation, or cancellation of an organization’s license. op pr Oakdale MN Code of Ordinances: Chapter 10 - Page 20 COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Kyle Stasica, Finance Director Date: July 9, 2024 Time: 5:25 PM Subject: Management Discussion – Finance Director BACKGROUND Discussion will be held with Finance Director Kyle Stasica to discuss items of interest and current happenings. Below are some suggested topics as time allows: 1) Department Primary Operations a) Budget b) Financial statements c) Accounts Payable d) Accounts Receivable e) Utility Billing f) Customer Service g) Payroll h) Bond Issuance i) Capital Project Tracking j) Investment Program 2) Finance Department Staff a) 7 full-time equivalents b) New Accounting Technician as of June 3, 2024 3) Recent Policy Changes (Sept. 2023) a) Fund Balance b) Federal Grant Awards Administration c) Post-Issuance Debt Compliance d) Investments and Cash Management 4) 2025 Budget and Capital Improvement Plan Calendar 5) Interest Rate Environment a) Federal Reserve policy rate is a target range of 5.25% to 5.5% b) The 1-year target is 5.08%; the 2-year 4.73%; the 5-year 4.39% (as of July 2nd 2024) COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Kyle Stasica, Finance Director Chris Volkers, City Administrator Date: July 9, 2024 Time: 5:40 PM Subject: Future Debt Levy BACKGROUND At the March 12, 2024 City Council Workshop, the 2024 Debt and related projects were discussed including the upcoming Building Improvements: new Public Works Facility, Police Expansion, and City Hall Renovation. Additionally, discussion was held regarding the Willowbrooke Park Improvements: Willowbrooke Commons Park, Willowbrooke Trails, Willowbrooke Open Space, and Willowbrooke Neighborhood Park West Parking Area. At the May 14, 2024 City Council Workshop, the building improvements were discussed in further detail including setting a “Not to Exceed” amount required by the CIP bonds for the three projects of $30,000,000 with the following guidelines by project: • Public Works Facility – $9,000,000 • Police Expansion – $9,000,000 • City Hall Renovation – $12,000,000 Note this “Not to Exceed” amount of $30,000,000 is in addition to bonds for the current sales tax portions of $22,000,000 for the new Public Works Facility and $15,000,000 for the Police Expansion. At the May 14, 2024 City Council Workshop, staff was given direction to proceed in asking the voters at the November 2024 General Election for an increase to the amount and duration of the local sales tax in regards to the new Public Works Facility and Police Expansion. If passed, the sales tax portions would increase to $28,000,000 and $18,000,000, respectively. With the “Not to Exceed” amount for the CIP bonds, any increase in the sales tax portion would directly decrease the CIP bonds. The “Not to Exceed” amount of $30,000,000 only sets a maximum amount the City can issue for these projects for the CIP bond portion, the minimum is $0. Of the $30,000,000, see table on page two, recommends the use of $25,000,000 for CIP Bonds. This assumes voters approve $3,000,000 for the Police Expansion at the November 2024 election. The City’s past levy-supported issuances have been GO Street Improvement Bonds and GO Equipment Certificates. GO Street Improvement Bonds have been issued annually to fund annual street improvement projects. This annual bond issuance has been a 10-year maturity, and each year as the City adds an issuance, the oldest GO Street Improvement Bond has matured, keeping a rolling 10 issuances within the debt levy. The Equipment Certificates will be fully matured with a final levy in 2025. With the upcoming Building Improvements and the Willowbrooke Park Improvements, the City will have new levy-supported bond issuances, on top of the baseline rolling 10-year GO Street 1 Improvement Bonds. GO Street Improvement Bonds have typically been issued in the $2 million to $3 million range annually. The Building Improvements and Willowbrooke Park Improvements will add a significant amount to the baseline annual debt levy. See below for a summary of the new levy- supported bond issuances. Estimated costs are taken from the May 28, 2024 City Council Request for Council Action for the Public Works Building, recent estimates for the Police Expansion and City Hall Renovation, and 2024-2028 CIP for the Willowbrooke Park Improvements. Project CIP Project Estimated Cost Levy-Supported Account Debt Portion Public Works Facility B2024-01 $31,181,881 $8,000,000 Police Expansion B2025-01 $23,000,000 $5,000,000** City Hall Renovation B2026-01 $12,000,000 $12,000,000 *2024 Willowbrooke Improvements Multiple $3,825,350 $1,750,000 2025 Willowbrooke Improvements Multiple $2,147,000 $2,147,000 Total $72,154,231 $22,897,000 *2024 Willowbrooke Projects includes 2023 Estimated Costs for multi-year projects spanning both 2023 and 2024 ** Assumes voters approve $3,000,000 for the Police Expansion at the November 2024 election CLOSED BOND FUND Each of the City’s past bond issuances is tied to a related debt service fund in the City’s Financial Statements to account for the accumulation of resources, such as debt levy and assessments, and the use of those resources through the payment of principal, interest, and related costs on long- term debt (debt service). General Obligation debt is required to have projected resources that are 105% of the required debt service. As bonds mature, the associated debt service fund may be over or underfunded. These over/under funds are aggregated in the City Fund 440 - Closed Bond Fund. The fund balance in the Closed Bond Fund is not restricted. It has been used to fund debt service that is underfunded or to assist with the early prepayment of bonds. Currently the fund balance is $947,000. 5-YEAR DEBT LEVY PROJECTION As the City’s baseline annual debt levy increases due to the Building Improvements and Willowbrooke Park Improvements, the following estimates the effects on the debt levy. Note, as directed by Council, Engineering is reducing the costs of the annual street projects. As the Capital Improvement Plan (CIP) is not complete yet, for the purposes of this estimate, assume a $3 million GO Street Improvement Bond issued and inflating street cost annually. 2025 2026 2027 2028 2029 Debt Levy $2,055,626 $3,138,286 $3,736,510 $4,879,903 $5,221,215 Debt Levy % Change over prior *1.63% 52.67% 19.06% 30.60% 6.99% year Change as a % of 2024 Levy *0.18% 5.99% 3.31% 6.33% 1.89% $18,065,658 *2024 Debt Levy was $2,022,665 Assumptions & Notes: • Above only includes the Oakdale debt levy. Actual debt service is greater due to other funding mechanisms (assessments, local option sales tax). • Term of bonds expected to be 30 years for the Building Improvements and 15 years for the Park Improvements. 2 • Assumed $3,000,000 additional sales tax and duration for Police Expansion approved by voters in November 2024. • Public Works Facility: Issuance of sales tax bonds in 2024 and CIP bonds in 2025; first debt levy in 2026. • Police Expansion: End of 2025 construction start; Issuance of sales tax bonds and CIP bonds in 2026; first levy in 2027. • City Hall Renovation: Spring 2026 construction start; Issuance of CIP bonds in 2026; forgo first year levy in 2027; begin levy in 2028. • Recommend use the 440 Closed Bond Fund to replace the 2027 levy for the City Hall Renovation bonds – estimated $840,000. • Forgo the 2025 levy for the 2015A bonds of $136,478 – will result in underfunding of about $85,000 over the remaining life of the bond. These bonds mature 2/1/2026. Similar to the 2014B levy was forgone as part of the 2024 levy. • Use the 440 Closed Bond Fund unrestricted funds to supplement 2015A underfunding. • Interest Rates and levy amounts per below: COUNCIL DIRECTION REQUESTED The City Council should discuss the future debt levy, with staff requesting direction/intent on the projected levy increases due to debt, and use of the one-time Closed Bond Fund as noted throughout. 3 COUNCIL MEMORANDUM To: Honorable Mayor and City Council From: Christina M. Volkers, City Administrator Date: July 9, 2024 Time: 6:20 PM Subject: Artificial Turf for Volleyball in City Parks BACKGROUND The Oakdale City Council has had many discussions prior on opportunities for new grass or turf volleyball courts or replacement of current sand volleyball courts in the City of Oakdale. Given discussions have been ongoing, no volleyball courts have been added/replaced. Funds are on hold from current/past CIPs until a decision to proceed is made. In previously approved CIP’s, the following funds were allocated and are being held as follows: • 2023 project, $35,000 for installing sand volleyball court at Eastside • 2024 project, $35,000 for installing sand volleyball court at Gutherie • 2027 project, $50,000 for installing sand volleyball court at Golfview Because there is much interest in grass or turf volleyball at our City parks, we were able to get a quote for a turf volleyball court, details attached. COUNCIL DIRECTION REQUESTED City staff is looking for council intent on volleyball courts in the City of Oakdale. Attachment Artificial Turf Quote for Volleyball 1 CONTAINER DETAILS TOTAL CONTAINER AREA 2312 SF SURFACING TYPE ARTIFICIAL TURF TOTAL PERIMETER 208 LF EDGING TYPE 6"X12" CONCRETE CURB **SITE PREPARATION REQUIREMENTS: · DRAIN TILE STUB TO BE PROVIDED IF DRAIN TILE IS REQUIRED FLAGSHIP RECREATION · MINIMUM CONTAINER SIZE NEEDED DENOTES THE INSIDE OF 11123 UPPER 33RD ST N CURB DIMENSION LAKE ELMO, MN 55082 763-550-7860 FLAGSHIPPLAY.COM @FLAGSHIPPLAY THIS PLAY AREA & PLAY EQUIPMENT IS DESIGNED FOR AGE RANGES AS NOTED ON PLAN. 634 Guthrie Ave N, Oakdale, MN 55128 GUTHERIE PARK ARTIFICIAL TURF VOLLEYBALL COURT SALES C:\Users\EmilyMaloney\Flagship Recreation\Flagship Recreation - Documents\2024 Planning\Emily\Oakdale - Guthrie Turf Volleyball Court\Guthrie Turf Volleyball Court REPRESENTATIVE: EMILY MALONEY DESIGNED BY: ELM 9/29/23 1/16" = 1'-0" SHEET LS101 092923.dwg 9/29/2023 City of Oakdale 1900 Hadley Ave N Oakdale, MN 55128 Jim Romanik, Public Works Manager PRELIMINARY BUDGET - THIS IS AN ESTIMATE & NOT A FORMAL QUOTE Preliminary Possible Budget Possible Additions Reductions QTY Notes Play Equipment Gutherie Park - Artifical Turf Volleyball Court,EM706 Sales Tax - if applicable 0.00 ST3 Certificate of Exemption must be provided by owner. Delivery of Play equipment 0.00 Estimated / Final quote will be provided upon final design. Mobilization 750.00 Site work Excavation (new container) 3,401.63 (3,401.63) 2,627 Possible reduction if owner provided Hauling of Excavated Material (CY) 0.00 0 Excavated material to remain on site as berm for future shrub bed Disposal of Excavated Material (CY) 0.00 0 Excavated material to remain on site as berm for future shrub bed Border Options Concrete Border Straight (LF) 9,426.67 (9,426.67) 208 Standard 6" W x 12" D concrete curb is recommended; Possible reduction if owner provided or if wood edger board preferred Subgrade Prep & Poured In Place (PIP) or Turf Surfacing Compacted Aggregate Base (Recycled Concrete or Class 5) (Tons) 3,208.96 90 Class 5 aggregate or recycled concrete (w/fines), delivery and installation . 4" - 6" compacted depth. Required for PIP & Turf installations Perforated Corrugated Drain Tile with Sock. Includes perimeter of court and 10' to connection stub (owner provided stub at storm Drain Tile (LF) 3,377.44 209 (3,377.44) manhole); Possible reduction if owner provided Synthetic Turf (Sq. Ft.) 37,726.23 2,312 Includes white court stripping, shipping and installation Site Restoration (Sq.Ft.) 0.00 0 OWNER PROVIDED Bison Equipment - Outdoor Volleyball Set 6,467.51 (6,467.51) Possible reduction if owner provides volleyball net and its installation State Contract #218091 (298.17) 298.17 5% State Contract Discount on Bison Equipment Freight 1,185.80 (1,185.80) Freight from Bison Equipment Budget Total Total Additions Total Reductions Total w/ Additions & Reductions 65,246.07 0.00 (23,560.87) 41,685.19 OUTDOOR VOLLEYBALL SET By Bison Inc - Model SVB1000-FG Centerline Elite Outdoor Volleyball Complete System Details: Complete system includes special Centerline 3" sand aluminum posts, lifetime warranty net tensioning winch, competition TwistLock stainless steel sockets, player safety padding (see color options), competition Kevlar top rope net antenna, net and antennae storage bag, net rope cover and net height indicator. You'll also get FREE post pad lettering. Bison's exclusive TwistLock™ removable stainless steel sand sockets not only allow easy removal of posts when not in use but also eliminate the problem of sand or water filling the socket. All stainless steel hardware . Pad Color Choices: Black, Brown, Burnt Orange, Cardinal, Columbia Blue, Dark Royal, Forest Approx. shipping weight: 300#; Green, Gold, Gray, Kelly Green, Truck Maroon, Navy, Orange, Pink, Purple, Royal, Scarlet, Vegas Gold OUTDOOR VOLLEYBALL SET By Bison Inc - Model SVB1000-FG Centerline Elite Outdoor Volleyball Complete System

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