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HomeMy WebLinkAboutAgenda Packets - 2016/08/08CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, August 8, 2016 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Heartsafe Community Proclamation 7. COUNCIL BUSINESS A. Introduction, and First Reading of Ordinance 923, an Ordinance Continuing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View B. Introduction, and First Reading of Ordinance 924, an Ordinance Continuing a Franchise Fee on CenterPoint Natural Gas Operations within the City of Mounds View C. Introduction, and First Reading of Ordinance 926, an Ordinance amending Title 1100 of the Mounds View City Code, Chapters 1102, 1113, 1114, 1115, and 1116 relating to Micro Breweries, National Breweries, Regional Breweries, Brewpubs, Distilled Spirits, Microdistilleries, and Taprooms D. Introduction and First Reading of Ordinance 925, an Ordinance Amending Title 500, Chapter 502 to add Micro Breweries, National Breweries, Regional Breweries, Brewpubs, Distilled Spirits, Microdistilleries, and Taprooms Business Licensing to the Liquor Code E. Resolution 8615, Authorization to Advertise for the Housing/Code Enforcement Inspector Position F. Introduction, and First Reading of Ordinance 927, an Ordinance amending Title 1100 of the Mounds View City Code, Chapters 1102, 1103, and 1106 relating to Accessory Dwelling Units. G. Second Reading and Adoption of Ordinance 922, an Ordinance Amending Chapter 105 of the City Code to Increase Mayor and Council Member Annual Compensation (ROLL CALL VOTE) H. Resolution 8613, Approve Replacement of Two Existing Hydrants on County Road H in Conjunction with Ramsey County’s Project I. Resolution 8614, Approve Replacement of Driveway and Sidewalk at 3009 County Road H J. Resolution 8617, Authorizing the Sending of a Notice of Termination of Lease to Creative Kids Academy - Mounds View, Inc. K. Resolution 8618 Approving the Purchase of a 2017 Ford F250 Pickup Truck for the Sewer Department City Council Agenda Monday, August 8, 2016 Page 2 8. CONSENT AGENDA A. Set a Public Hearing for 7:00pm Monday, August 22, 2016 to Consider Adoption of Ordinance 923 Continuing a Franchise Fee on Excel Energy Electric and Natural Gas Operations B. Set a Public Hearing for 7:00pm Monday, August 22, 2016 to Consider Adoption of Ordinance 924 Continuing a Franchise Fee on CenterPoint Energy Natural Gas Operations C. Set a Public Hearing for 7:00pm Monday, August 22, 2016 to consider Adoption of Ordinance 926, amending Title 1100 of the Mounds View City Code, Chapters 1102, 1113, 1114, 1115, and 1116 relating to Micro Breweries, National Breweries, Regional Breweries, Brewpubs, Distilled Spirits, Microdistilleries, and Taprooms. D. Set a Public Hearing for 7:00 p.m. Monday August 22, 2016 to consider the Second Reading and Adoption of Ordinance 925, an Ordinance Amending Title 500, Chapters 501 and 502 to add Micro Breweries, National Breweries, Regional Breweries, Brewpubs, Distilled Spirits, Microdistilleries, and Taprooms Business Licensing to the Liquor Code E. Set a Public Hearing for 7:00pm Monday August 22, 2016 to Consider Adoption of Ordinance 927, an Ordinance amending Title 1100 of the Mounds View City Code, Chapters 1102, 1103, and 1106 relating to Accessory Dwelling Units. F. Set a Public Hearing for 7:00pm for Monday, August 22, 2016, to Consider a Chicken Keeping License for the Koen Family Located at 7951 Greenwood Drive G. Resolution 8616 Authorization to Auction Surplus Equipment 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. July 25, 2016, City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Finance Department Quarterly Report 2. Liquor License Update – Keshav Enterprises, Inc. C. Reports of City Attorney 12. Next Council Work Session: TUESDAY, September 6, 2016 at 7pm Next Council Meeting: Monday, August 22, 2016, at 7pm 13. ADJOURNMENT City of Mounds View County of Ramsey OFFICE OF THE MAYOR Proclamation Making the City of Mounds View a Heart Safe Community -- August, 2016 Whereas, the Mounds View Police Department consists of trained First Responders who provide emergency assistance in times of medical emergencies including Sudden Cardiac Arrest; and Whereas, the Mounds View Police Department is equipped, willing and able to coordinate the resources and education efforts of the Heart Safe Community Program; and Whereas, providing education, CPR and AED training, and sharing information on the placement of AED’s in the community increases the survival of Sudden Cardiac Arrest; and Whereas, the goal of the City of Mounds View is to improve the chances that anyone suffering a Sudden Cardiac Arrest will have the best possible chance for survival; and Whereas, bystander CPR and access to an AED is a vital piece of the Chain of Survival for victims of Sudden Cardiac Arrest; and Whereas, the Heart Safe Community Program increases the chances a victim will have the opportunity to receive bystander CPR in our community. Now therefore, be it resolved, that the Mounds View City Council formally designates August 20, 2016, as the launch of the initiative for the City of Mounds View to become a Heart Safe Community. Given under my hand and Seal of the City of Mounds View, this 8th day of August, 2016. Joe Flaherty, Mayor (seal) Item No: 7.A. Meeting Date: August 8, 2016 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Introduction, and First Reading of Ordinance 923, an Ordinance Continuing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View Attached is an ordinance to receive an introduction and first reading. The public hearing, second reading, and adoption will be on Monday, August 22, 2016. This ordinance continues the agreement with Xcel Energy under which Xcel Energy will collect a franchise fee in the amount of 4% of Xcel’s electric and natural gas gross operating revenues for services within the City of Mounds View during the year 2017. The proceeds are split between the General Fund and the Street Improvement Fund. Ordinances 875 and 876 passed on January 28, 2013 extended the original 20 year franchise agreement for another 20 years. It provides that the City may impose a franchise fee of not more than 4% of Xcel’s gross operating revenues at any time during the 20-year term of the franchise. The 20-year term runs from January 2013 through January 28, 2034. The franchise fee was first collected in 1993. It has been the practice to include a sunset provision in the ordinance that requires it to be re-enacted each year. The ordinance will be brought back to the City Council for second reading and adoption at the August 22, 2016 meeting. It will then be published in the Sun Focus and take effect as provided in the ordinance. Staff would request that a summary ordinance be published with the complete ordinance available on-line and at City Hall. Respectfully Submitted, Mark Beer ORDINANCE NO. 923 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE CONTINUING A FRANCHISE FEE ON XCEL ENERGY ELECTRIC AND NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Mounds View City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Mounds View. a. Pursuant to City Ordinance No. 875 and Ordinance No. 876, which are the Franchise Agreements (“Franchise Agreements”) between the City of Mounds View (the “City”) and Northern States Power Company D/B/A Xcel Energy, its successors and assigns, a franchise fee of not more than four (4.0) percent of Xcel Energy’s gross operating revenues may be imposed by the City at any time during the 20 year term of the Franchise. The franchise fee is paid as full compensation for the rights to transmit and furnish electric energy for light, heat, power and import, transport, sell and distribute natural gas for heating, illuminating and other purposes as outlined in Section 2.1 of Ordinance Nos. 875 and 876. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Xcel Energy under its electric and natural gas Franchise Agreements in the amount of four percent (4%) of Xcel Energy’s gross revenues, as defined in Section 9 of the Franchise Agreements, commencing with Xcel Energy’s January 2017 billing month. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9 of the Franchise Agreements. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow each said utility company to add to its effective rates for the utility service on which the public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for the cost of the fee. Subd. 5. Proof of Company Gross Revenues. Xcel Energy shall make each payment when due and shall monthly furnish a complete and correct statement of gross revenues for said month. Xcel Energy shall permit the City and its designated representative free access to the company’s records for the purpose of verifying such statements. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreements. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in Section 9 of the Franchise Agreements, the effective date of the fee collected under Subdivision 9 of this ordinance is the later of ten (10) days after the publication and after the sending of written notice enclosing a copy of this adopted ordinance upon Xcel Energy by certified mail. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2017. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this 8th day of August, 2016. _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ Jim Ericson, City Administrator (SEAL) ORDINANCE SUMMARY ORDINANCE NO. 923 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE CONTINUING A FRANCHISE FEE ON XCEL ENERGY ELECTRIC AND NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS On August 22, 2016, the Mounds View City Council adopted an ordinance which continues a 4% franchise fee on Xcel Energy electric and natural gas operations within the City of Mounds View for the year 2017. This ordinance will sunset on December 31, 2017. A copy of Ordinance 923 is on file and available for public viewing at the office of the City Administrator. The ordinance is also posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us. __________________________________ Jim Ericson, City Administrator Item No: 7.B. Meeting Date: August 8, 2016 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: First Reading and Introduction of Ordinance 924, an Ordinance Continuing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View Attached is an ordinance to receive an introduction and first reading. The public hearing, second reading, and adoption will be on Monday, August 22, 2016. This ordinance continues the agreement with Center Point Energy under which Center Point Energy will collect a franchise fee in the amount of 4% of Center Point’s natural gas gross operating revenues for services within the City of Mounds View during the year 2017. Ordinance 625 passed on June 28, 1999 originally enacted the franchise agreement. It provides that the City may impose a franchise fee of not more than 4% of Center Point’s gross operating revenues at any time through July 1, 2019. The franchise fee was first collected in 2001. It has been the practice to include a sunset provision in the ordinance requiring it to be re-enacted each year. Franchise fees collected under this agreement are minimal due to Center Point Energy’s small customer base within the City of Mounds View. The ordinance will be brought back to the City Council for second reading and adoption at the August 22, 2016 meeting. It will be published in the Sun Focus and take effect as provided in the ordinance after publication. Staff would request that a summary ordinance be published with the complete ordinance available on-line and at City Hall. Respectfully Submitted, Mark Beer ORDINANCE NO. 924 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE CONTINUING A FRANCHISE FEE ON CENTER POINT ENERGY NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Mounds View City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Mounds View. a. Pursuant to City Ordinance No. 625, a Franchise Agreement between the City and Center Point Energy (formerly Reliant, formerly Minnegasco), the City has the right to impose a franchise fee of not more than four (4) percent on Minnegasco in amount and fee designs as set forth in Section 4.1 of the Minnegasco Franchise. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Center Point Energy under its natural gas Franchise Agreements in the amount of four percent (4%) of Center Point Energy’s gross revenues, as defined in Section 4.1 of the Franchise Agreements commencing with Center Point Energy’s January 2017 billing month. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 4.4 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow each said utility company to add to its effective rates for the utility service on which the public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for the cost of the fee. Subd. 5. Proof of Company Gross Revenues. Center Point Energy shall make each payment when due and shall quarterly furnish a complete and correct statement of gross revenues for said quarter. Center Point Energy shall permit the City and its designated representative free access to the company’s records for the purpose of verifying such statements. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreement. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in Section 4 of the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication and after the sending of written notice enclosing a copy of this adopted ordinance upon Center Point Energy by certified mail. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2017. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this 8th day of August, 2016. _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ Jim Ericson, City Administrator (SEAL) ORDINANCE SUMMARY ORDINANCE NO. 924 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE CONTINUING A FRANCHISE FEE ON CENTER POINT ENERGY NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW On August 22, 2016, the Mounds View City Council adopted an ordinance which continues a 4% franchise fee on Center Point Energy natural gas operations within the City of Mounds View for the year 2017. The ordinance will sunset on December 31, 2017. A copy of Ordinance 924 is on file and available for public viewing at the office of the City Administrator. The ordinance is also posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us. __________________________________ Jim Ericson, City Administrator Item No: 7C Meeting Date: August 8, 2016 Type of Business: Council Business Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jon Sevald, Planner Item Title/Subject: Introduction, and First Reading of Ordinance 926, an Ordinance amending Title 1100 of the Mounds View City Code, Chapters 1102, 1113, 1114, and 1116 relating to Micro-Breweries, National Breweries, Regional Breweries, Brew Pubs, Distilled Spirits, Micro-Distilleries, and Taprooms Introduction: Since the 2011 “Surly Bill” was passed by the Legislature allowing micro-breweries to sell alcohol on-site (versus selling through distributors), many micro-breweries with taprooms have opened across Minnesota. Staff has received two or three inquiries if one would be allowed in Mounds View. In order for a taproom to be located in the City, the Municipal Code, Title 500 (Business License Regulations) and Title 1100 (Zoning Code) must be amended. Key Terms (simplified): Brew Pub: A restaurant with an on-site brewery, licensed for on-sale and/or off-sale (MN Stat §340A.24) Micro-Brewery: A MN licensed manufacturer of up to 15,000 barrels (62,000 gallons). Micro-Distillery: A MN licensed manufacturer of up to 40,000 gallons (MN Stat §340A.101 Subd 17a) On-Sale: Retail sales of alcohol limited to on-site consumption. Off-Sale: Retail sales of alcohol limited to off-site consumption. Taproom / Cocktail Room: A brewery/distillery with an adjacent bar for on-sale and/or off-sale of growlers/375ml bottles (MN Stat §340A.26 / §340A.22) Discussion: The manufacturing and sale of alcohol is heavily regulated by the MN Dept. of Public Safety, and through municipal licensing (Title 500). The State licenses the following: Brewer-Off Sale (up to 500 barrels) Brew Pub (up to 3,500 barrels) Brew Pub Off-Sale Farm Winery Farm Winery Distiller Liquor Manufacturer (over 40,000 proof gallons) Micro Brewer (up to 2,000 barrels) Micro Distillery (20,000 – 40,000 proof gallons) Micro Distillery Small (up to 20,000 proof gallons) Minnesota Brewer (over 3,500 barrels) Small Minnesota Brewer (2,000 – 3,500 barrels) Taproom On Sale Taproom On Sale Sunday Wine Manufacturer Brewpub & Taproom Ordinance August 8, 2016 Page 2 One “barrel” equals 31 gallons, or 248 pints, or 331 12oz cans. The Zoning part is treated differently depending on the city. For example, Roseville interprets a Taproom as accessory to manufacturing of alcohol, and thus a permitted use in industrial, and not permitted in commercial/retail areas. Fridley recently amended their licensing ordinance and is considering amending their Zoning Ordinance to allow smaller Breweries with Taprooms in commercial/retail areas (opposite of Roseville). The intent of Mounds View’s amendment is to treat Brew Pubs similar to restaurants that serve alcohol, Taprooms & Cocktail Rooms similar to bars; and Breweries/Distilleries similar to manufacturing. Bold highlight = proposed B-1 Neighborhood Business B-2 Limited Business B-3 Highway Business B-4 Regional Business I-1 Industrial PUD Planned Unit Development Brewery, Micro P P P C Brewery, National P C Brewery, Regional P C Brew Pub P P P C Liquor, off-sale P P P C Manufacturing, compounding, processing, packaging or treatment of cosmetics, pharmaceuticals and food products C C Microdistillery P P P C Restaurants, cafes, tea rooms, taverns, on-sale and off- sale liquor P P C Restaurant (max 24 seats & 2,000sf. No drive-thru) P P P C Restaurant (more than 24 seats or 2,000sf. No drive- thru). C C Drive-in and convenience food establishments C C Taproom/Cocktail Room P P P C P = Permitted Use C = Conditional Use (CUP) Brewpub & Taproom Ordinance August 8, 2016 Page 3 The City Council discussed this topic on August 1st, 2016, including amending the 1,000’ setback from property line to property line between the off-sale of alcohol (non- restaurants), and schools and churches. The 1,000’ setback prohibits such businesses from locating in many prime commercial areas. Staff’s recommendation is to only require a 1,000’ setback from property line to property line between liquor establishments (non-restaurants), and Pinewood Elementary and Edgewood Junior High schools. Planning Commission Recommendation: The Planning Commission discussed this topic on April 15, 2015, and July 6th 2016, recommending approval of the amendment (Resolution 1053-16). Summary Microbreweries and Taprooms have become popular in recent years. In order for one to be located in Mounds View, an amendment to Title 500 (Business Licensing) and Title 1100 (Zoning) is needed. Recommendation: Staff recommends that the City Council introduce the First Reading of Ordinance 926, considering an amendment to Zoning Code, Chapters 1102, 1113, 1114, and 1116 relating to Breweries, Brewpubs, Distilleries, Taprooms, and Cocktail Rooms. Respectfully submitted, ________________________ Jon Sevald, AICP Planner Attachments Ord 926 ORDINANCE No. 926 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDMENT TO TITLE 1100 OF THE MOUNDS VIEW CITY CODE PERTAINING TO BREWERIES, BREWPUBS, MICRODISTILLERIES, TAPROOMS, AND COCKTAIL ROOMS; The City of Mounds View Ordains: SECTION 1. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1102 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: Chapter 1102: Zoning Rules and Definitions Section 1102.02: Definitions Subd. __: Brewery, Micro: A facility with a capacity to manufacture less than 15,000 barrels of alcoholic and nonalcoholic malt liquor a year. This definition does not include a brew pub. Subd. __: Brewery, National: A facility with a capacity to manufacture over 250,000 barrels of alcoholic and nonalcoholic malt liquor a year. This definition does not include a brew pub. Subd. __: Brewery, Regional: A facility with a capacity to manufacture between 15,000 and 249,999 barrels of alcoholic and nonalcoholic malt liquor a year. This definition does not include a brew pub. Subd __: Brew pub: A brewer who holds a municipal retail on-or off-sale license in conjunction with a restaurant and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one or more licensed premises as permitted in MN Stat §340A.24 Subd. __: Distillery, Micro: A distillery operated within the state producing premium, distilled spirts in total quantity not to exceed 40,000 proof gallons in a calendar year. Subd. __: Distilled Spirits: Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirts, including all dilutions and mixtures thereof, for non-industrial use. Subd. __: Taproom: An area on the premises of or adjacent to one brewery location owned by the brewer that allows the on-sale of malt liquor produced by the brewer for consumption. Such use shall be accessory to the primary use of a national, regional or micro-brewery and may be a restaurant. Ordinance 926 Page 2 SECTION 2. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1113 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: Chapter 1113: B-2, Limited Business District Section 1113.02: Permitted Uses Subd 2. Restaurants, cafes, and tea rooms, and brew pubs with a maximum of twenty four (24) seats and two thousand (2,000) square feet in floor area. The restaurant shall not include drivethru and/or window pick-up services or the serving of food to patrons in their vehicles. Section 1113.04 Conditional Uses Subd 10. Restaurants, cafes, and tea rooms, and brew pubs with more than twenty four (24) seats and/or two thousand (2,000) square feet of floor area. The restaurant shall not include drive-thru and/or window pick-up services or the serving of food to patrons in their vehicles. SECTION 3. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1114, of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: Chapter 1114: B-3, Highway Business District Section1114.02: Permitted Uses All permitted uses as allowed in a B-2 Limited Business District. Micro-Brewery with Taproom Micro-Distillery with tasting room/cocktail room SECTION 4. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1116, of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: Chapter 1116: I-1, Industrial District Section 1116.02: Permitted Uses: The following are permitted uses in an I-1 District: Micro Brewery, Regional Brewery, National Brewery, Micro-Distillery, with or without accessory Taproom, Tasting Room, and/or Cocktail Room. Ordinance 926 Page 3 SECTION 5. In accordance with Section 3.07 of the City Charter, City Staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On August 22, 2016, the City Council adopted Ordinance 926 that amends Title 1100 of the City Code, Chapters 1102, 1113, 1114, and 1116 relating to Breweries, Brewpubs, Micro-Distilleries, Taprooms, and Cocktail Rooms, allowing such uses in the B-2, B-3, B-4, and I-1 districts with restrictions, and with a license. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available online at the City’s website located at www.ci.mounds-view.mn.us. SECTION 6. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on August 8, 2016. Second Reading and Adoption by the Mounds View City Council on August 22, 2016. Publication Date: September 2, 2016 _______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, City Administrator (seal) ORDINANCE 925 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 500, CHAPTER 502, TO ADD MICRO BREWERIES, NATIONAL BREWERIES, REGIONAL BREWERIES, BREWPUBS, DISTILLED SPIRITS, MICRODISTILLERIES AND TAPROOMS BUSINESS LICENSING TO THE LIQUOR CODE The City of Mounds View ordains: SECTION 1. The Mounds View City Council hereby amends Chapter 502 of the Mounds View City Code by deleting the stricken language and adding the underlined text as follows: CHAPTER 502 INTOXICATING LIQUOR SECTION: 502.01: Definitions 502.02: License Required 502.03: License Classifications 502.04: Eligibility for License 502.05: Application for License 502.06: License Fees 502.07: Proof of Financial Responsibility 502.08: License Hearing 502.09: Review and Investigation of Application; Issuance or Denial 502.10: Effective Date of License 502.11: Conduct of Business; Conditions of License 502.12: Hours and Days of Sales 502.13: Prohibited or Restricted Acts and Conditions 502.14: Minors 502.15: Zoning Restrictions 502.16: Suspension or Revocation of License 502.17: Violation of Provisions 502.01: DEFINITIONS: When used in this Chapter, the following words and phrases shall have the meanings ascribed to them: (Amended, Ord. 843, 5-20-10) Ordinance 925 Page 2 Subd. 1. 3.2 Percent (3.2%) MALT LIQUOR: Malt liquor containing not less than onehalf (1/2) of one (1%) percent alcohol by volume nor more than 3.2 Percent (3.2%) alcohol by weight. (Added, Ord. 843, 5-20-10) Subd. 2. ALCOHOLIC BEVERAGE: Any beverage containing more than one-half (1/2) of one percent (1%) alcohol by volume. (Added, Ord. 843, 5-20-10) Subd. 3. BREWER: A person who manufactures malt liquor for sale. (Added, Ord. 843, 5-20-10) Subd. 4. BREWPUB: a state licensed brewer under Minnesota Statutes § 340A.301, subd. 6(d) with a restaurant use operated on the same premises as the brewery. To sell their own malt liquor, a brewpub is required to obtain an intoxicating on-sale liquor license and may obtain an on-sale Sunday liquor license if they want to be open on Sundays. Subd. 4 5. CABARET: A restaurant, night club or other place of amusement where dancing is permitted incidentally but is not operated primarily as a business to provide dancing facilities for a charge. (Amended, Ord. 843, 5-20-10) Subd 6. COCKTAIL ROOM: an area for the on-sale consumption of distilled spirits produced by the state-licensed distillery for consumption on the premises of the distillery or an abutting property in common ownership of the distiller. Subd. 5 7. COMMISSIONER: The Commissioner of the Minnesota Department of Public Safety except as otherwise provided. (Added, Ord. 843, 5-20-10) Subd. 6 8. CLUB: An incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans’ organization, which; (Added, Ord. 843, 5-20-10) a. Has more than thirty (30) members; (Added, Ord. 843, 5-20-10) b. Has owned or rented a building or space in a building for more than one (1) year that is suitable and adequate for the accommodation of its members; and (Added, Ord. 843, 5-20-10) c. Is directed by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the Ordinance 925 Page 3 members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. (Added, Ord. 843, 5-20-10) Subd. 7 9. DISTILLED SPIRITS: Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin and other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use. (Added, Ord. 843, 5-20-10) Subd. 810. EXCLUSIVE LIQUOR STORE: An establishment used exclusively for the sale of: alcoholic beverages; tobacco products; ice; beverages (liquid or powder) specifically designed for mixing with intoxicating liquor; soft drinks; liqueur-filled candies; food products that contain more than one-half (1/2) of one percent (1%) alcohol by volume; cork extraction devices; books and videos on the use of alcoholic beverages; magazines and other publications published primarily for information and education on alcoholic beverages; multiple-use bags designed to carry purchased items; devices designed to ensure safe storage and monitoring of alcohol in the home to prevent access by underage drinkers’ and home brewing equipment. (Added, Ord. 843, 5-20- 10) Subd. 9 11. GAMBLING DEVICE: A contrivance the purpose of which is that for a consideration a player is afforded an opportunity to obtain something of value, other than free plays, automatically from the machine or otherwise, the award of which is determined principally by chance, whether or not the contrivance is actually played. A gambling device includes a video game of chance as defined by Minnesota Statutes, Section 609.75, subdivision 8. (Added, Ord. 843, 5-20-10) Subd. 12. GROWLER a container used in the package and sale of malt liquor, sixty-four (64) ounces in size 9 or one-half gallon). Subd. 10 13. HOTEL: An establishment where food and lodging are regularly furnished to transients and which has: (Added, Ord. 843, 5-20-10) a. A dining room serving the general public at tables and having facilities for seating at least thirty (30) guests at one (1) time; and (Added, Ord. 843, 5-20-10) b. A minimum of ten (10) guest rooms. (Added, Ord. 843, 5-20-10) Subd. 11 14. INTOXICATING LIQUOR: Ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2 Percent (3.2%) of alcohol by weight. (Added, Ord. 843, 5-20-10) Subd. 12 15. LICENSED PREMISES: The premises described in the approved license application, subject to the space limitations set forth in Minnesota Statutes, Section 340A.410, subdivision 7. In the case of a restaurant, club or exclusive liquor store licensed for on-sales of alcoholic beverages and located on a golf course, “licensed Ordinance 925 Page 4 premises” means the entire golf course except for areas where motor vehicles are regularly parked or operated. (Added, Ord. 843, 5-20-10) Subd. 13 16. MALT LIQUOR: Any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. (Added, Ord. 843, 5-20-10) Subd. 14 17. MANUFACTURER: A person who, by a process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending or by the combination of different materials, prepares or produces intoxicating liquor for sale. (Added, Ord. 843, 5-20-10) Subd. 18. MICROBREWERY: a facility that is licensed under Minnesota Statutes § 340A.301, subd. 6c, and may brew no more than 15,000 barrels of its own brands of malt liquor annually. Subd 19. MICRODISTILLERY a distillery producing premium, distilled spirits in total quantity not to exceed 40,000-proof gallons in a calendar year as regulated by Minnesota Statutes. Subd. 20. NATIONAL BREWERY: a facility with a capacity to manufacture over 250,000 barrels of alcoholic and nonalcoholic malt liquor per year. This definition does not include a brew pub. Subd. 15 21. PREMISES: All buildings and structures, as well as all parking lots, driveways, landscaped areas, steps, passageways and vestibules, located outside of said building or structure. (Amended, Ord. 843, 5-20-10) Subd. 22. REGIONAL BREWERY: a facility with a capacity to manufacture between 15,000 and 249,999 barrels of alcoholic and nonalcoholic malt liquor per year. This definition does not include a brew pub. Subd. 23. TAP ROOM: a state licensed brewer under Minnesota Statutes § 340A.301, subd 6 (c), (i) or (j) permitting the on-sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery or an abutting property in common ownership of the brewer, which may include the sales of malt liquor produced and packaged at the brewery for off premises consumption as allowed by Minnesota Statutes. Subd. 16 24. WHOLESALER: A person who sells alcoholic beverages to persons to whom sale is permitted under Minnesota Statutes, Section 340A.310 from a stock maintained in a warehouse in the State of Minnesota. (Added, Ord. 843, 5-20-10) Ordinance 925 Page 5 Subd. 17 25. WINE: The product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, sine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than one-half of one percent nor more than twenty four percent (24%) alcohol by volume for non-industrial use. Wine does not include distilled spirits. (Added, Ord. 843, 5-20-10) 502.02: LICENSE REQUIRED: No person, except wholesalers or manufacturers to the extent authorized under State license, shall directly or indirectly deal in, sell or keep for sale any intoxicating liquor without first having received a license to do so as provided in this Chapter. (Amended, Ord. 843, 5-20-10) 502.03: LICENSE CLASSIFICATIONS: Subd. 1. On-Sale Intoxicating Liquor Licenses: On-sale intoxicating liquor licenses may be issued for the sale of intoxicating liquors in hotels, restaurants, bowling centers and exclusive liquor stores within the number authorized by this Chapter. In addition, an on- sale intoxicating liquor license may be issued, if approved by the Commissioner to a club which has been in existence for three (3) years or more. A license issued to a club shall be for the sale of intoxicating liquors to members and bona fide guests only except that a club may permit the general public to participate in a wine tasting conducted at the club under Minnesota Statutes, Section 340A.419. The City may issue the amount of on-sale intoxicating liquor licenses as authorized in Minnesota Statutes, Section 340A.413, subdivision 1. (Amended, Ord. 843, 5-20-10) Subd. 2. Off-Sale Intoxicating Liquor Licenses: An off-sale intoxicating liquor license shall be issued only to an exclusive liquor store, the number of which to be determined by the Council. (Amended, Ord. 843, 5-20-10) Subd. 3. On-Sale Wine Licenses: On-sale wine licenses may be issued to restaurants meeting the qualifications of Minnesota Statutes, Section 340A.404, subdivision 5 and shall permit only the sale of wine not exceeding fourteen percent (14%) alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. (Amended, Ord. 843, 5-20-10) Subd. 4. Sunday Sales Licenses: Special on-sale intoxicating liquor licenses for the sale of intoxicating liquor on Sunday separate from a regular on-sale intoxicating liquor license issued pursuant to Section 502.02 of this Chapter may be issued to hotels, restaurants, bowling centers or clubs, which hold an on-sale intoxicating liquor license and have a seating capacity for at least thirty (30) persons. Intoxicating liquor must be consumed on the premises in conjunction with the sale of food. (Amended, Ord. 843, 5- 20-10) Ordinance 925 Page 6 Subd. 5. Consumption and Display Permits: Consumption and display permits are issued by the Commissioner and regulated by the provisions of Minnesota Statutes, Section 340A.414. Consumption and display permits issued by the Commissioner must be approved by the City Council before they are effective. (1988 Code §100.02) (Amended, Ord. 843, 5-20-10) Subd. 6. Temporary On-Sale Intoxicating Liquor Licenses: A temporary on-sale intoxicating liquor license may be issued to a club or charitable, religious or other nonprofit organization which has been in existence for at least three (3) years, a political committee registered under Minnesota Statutes, Section 10A.14 or a state university in connection with a social event within the City sponsored by the licensee. The license may authorize the sale of intoxicating liquor on-sale for not more than three (3) consecutive days. Such license will permit the licensee to dispense intoxicating liquor at any civic event sponsored or approved by the City. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full year on-sale intoxicating liquor license issued by the City or any adjacent municipality. Licenses under this subdivision are not valid unless first approved by the Commissioner. Proof of financial responsibility is required in accordance with Code Section 502.07, subdivision 1. (Ord. 591, 10-29-96; Amended, Ord. 835, 5-20-10) Subd. 7. Outdoor Consumption Endorsement. A special endorsement may be issued by the City to the holder of a regular on-sale intoxicating liquor or on-sale wine license to allow sales and consumption of intoxicating liquor outdoors when the outside service area is immediately adjacent to and contiguous with the licensed premises. The licensee shall make application for the special endorsement to the City and provide site plans which illustrate the proposed outdoor service area. The special endorsement may be issued by the City Council to the licensee by resolution after a public hearing on the special endorsement is held. The designated outside service area shall not reduce the number of off-street parking spaces which would be required if the licensed premises together with the outside service area were to be newly constructed in conformity with the City’s zoning code. The City may also require improvements to the outside service area prior to issuing the special endorsement, including but not limited to, safety barriers or other enclosures to be placed around the perimeter of the outside service area in order to protect patrons from any hazards, including vehicular traffic. (Added, Ord. 771, 4-24-06; Amended, Ord. 843, 5-20-10) Subd, 8. Brewery Taproom License. A brewer who has a license from the Commissioner of Public Safety to brew up to 250,000 barrels of malt per year may be issued a license by the City for on-sale of malt liquor subject to the following conditions: Ordinance 925 Page 7 a. The malt liquor sold on sale for consumption must be produced by the brewer on the licensed premises. b. No other beverages containing alcohol may be sold or consumed on the licensed premises. c. A brewer may only have one taproom license. d. A restaurant is not allowed at a brewery with a taproom license. The brewer would, however, be allowed to sell simple pre-package snacks (chips, peanuts, popcorn, etc) for consumption on-site. e. The holder of a Brewery Taproom License who also holds a Brew Pub Off- Sale Malt Liquor License is permitted to sell Growlers, with a capacity of up to sixty-four (64) ounces, for the take-out or off-sale of craft beer. Subd. 9. Brewery Off-Sale Malt Liquor License. A brewer who has a license from the Commissioner of Public Safety to brew up to 3,500 barrels of malt liquor per year may with the approval of the Commissioner of Public Safety be issued a license by the City of off-sale of malt liquor subject to the following conditions: a. The malt liquor sold off-sale must be produced and packaged on the licensed premises. b. Off-sale of malt liquor shall be limited to the legal hours for off sale pursuant to §502.12 of the City Code. c. The malt liquor sold off–sale shall be packaged in a 64-ounce container commonly known as “growlers” and shall have the following packaging requirements: (1) The containers shall bear a twist type closure, cork, stopper or plug. (2) At the time of sale, a paper or plastic adhesive band, strip or sleeve shall be applied to the container or bottle and extend over the top of the twist type closure, cork, stopper or plug forming a seal that must be broken upon opening of the container bottle. Ordinance 925 Page 8 (3) The adhesive band, strip, or sleeve shall bear the name and address of the brewer/licensee selling the malt liquor. (4) The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brewer/licensee selling the malt liquor, and the contents in the container packaged as required herein shall be considered intoxicating liquor unless the alcohol content is labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100. The retail sales for a brewer/licensee under this subsection may not exceed 3,500 barrels per year, provided that off sales may not total more than fifty (50) percent of the brewer/licensee production of 500 barrels, whichever is less. Subd, 10. Microdistillery with cocktail room license: The owner of the micro distillery qualifies for and receives a micro distillery license from the State of Minnesota, according to Minnesota Statutes Section 340A. a. Microdistillery cocktail room – on-sale license: the owner of the micro distillery qualifies for and receives a micro distillery cocktail room – on- sale license from the City. b. Microdistillery Off-sale. Off-sale of liquor produced in the micro distillery shall require a micro distillery license for off-sale of liquor. Subd. 11. Sunday Growler Off-Sale: Authorizes a brewer that manufactures less than twenty thousand (20,000) barrels of malt liquor per year to sell malt liquor to the public in sixty-four (64) ounce containers, commonly known as Growlers as permitted by Minnesota Statutes §340A.301, on Sundays between the hours of 8:00 a.m. to 10:00 p.m 502.04: ELIGIBILITY FOR LICENSE: Subd. 1. Persons Ineligible for License: a. A license must be held by an individual person. No license shall be granted to or held by any corporation, non-profit corporation, partnership, limited liability company or any other type of entity. (Amended, Ord. 843, 5-20-10). Ordinance 925 Page 9 b. No license shall be granted to or held by any person: (1) Who is under the age of twenty one (21). (Amended, Ord. 843, 5-20-10) (2) Who is not of good moral character and repute. (Amended, Ord. 843, 5-20-10) (3) Who is or has been convicted, within five (5) years prior to the application of such license, of a felony or a willful violation of any law of the United States or the State of Minnesota or of any local ordinance with regard to the manufacture, sale, distribution or possession for sale or distribution of an alcoholic beverage.(Amended, Ord. 843, 5-20-10) (4) Who has a direct or indirect interest in a manufacturer, brewer or wholesaler. (Amended, Ord. 843, 5-20-10) (5) Who has an interest, directly or indirectly, in any other establishment in the City to which a license of the same class has been issued under this Chapter. (1988 Code §100.06) (Amended, Ord. 843, 5-20-10) Subd. 2. Places Ineligible for License: a. No intoxicating liquor or wine license shall be granted for operation on any premises on which taxes, assessments, utility bills or other financial claims of the City are delinquent or unpaid. (Amended, Ord. 843, 5-20-10) b. No intoxicating liquor or wine license shall be granted for any premises that has a property line within one-thousand (1,000) feet of a property line from Pinewood and Edgewood schools, and two hundred (200) five hundred (500) feet of a property line of any school or church located in Mounds View except that the two hundred (200) five hundred (500) feet restriction shall not apply and a license may be granted for any licensed premises that receives at least sixty percent (60%) of its annual gross sales revenue from the sale of food. The licensee must provide evidence to the City on an annual basis as part of the license renewal process that the licensee has complied with the minimum sixty percent (60%) food sales requirement of this Section. Failure to comply with the minimum sixty percent (60%) food sales requirement of this Section shall be cause for suspension, revocation or denial of renewal of the license. (Ord. 582, 5-28-96; Amended, Ord. 843, 5-20-10) c. No intoxicating liquor or wine license shall be issued to any person in connection with the premises owned by another person to whom a license could not be issued under the provisions of this Chapter. (Amended, Ord. 843, 5-20-10) d. No more than one (1) intoxicating liquor or wine license shall be granted to any one Ordinance 925 Page 10 (1) person or for any one (1) place. (1988 Code §100.07) (Amended, Ord. 843, 5-20-10) 502.05: APPLICATION FOR LICENSE: Subd. 1. Contents of Application: a. Application: Every application for an intoxicating or wine license shall be verified and filed with the City Administrator. It shall state the name of the applicant, applicant’s age, representations as to applicant’s character, references as may be required, whether the application is for on-sale or off-sale, the business in connection with which the proposed licensee will operate, its location, whether the applicant is owner and operator of the business, how long applicant has been or is operating a similar business at that place, whether applicant has been or is operating a similar business at some other location (if so, the name of the establishment) and such other information as the Council may require, from time to time. (Amended, Ord. 843, 5-20-10; Ord. 844, 5-20- 10) b. Form: In addition to containing such information, each application for a license shall be in the form prescribed by the Commissioner. (Amended, Ord. 843, 5-20-10) c. False Statements: No person shall make a false statement in an application. Subd. 2. Floor Plan: The application shall provide a floor plan of the interior of all structures on the premises. Such plan shall show the dimensions and the intended arrangement and use of all interior space. (1988 Code §100.03) (Amended, Ord. 843, 5- 20-10) 502.06: LICENSE FEES: Subd. 1. Payment Required: Each application for an intoxicating liquor or wine license shall be accompanied by a receipt from the City Finance Director/Treasurer for payment in full of the required fee for the license. All fees shall be paid into the General Fund of the City. Upon rejection of any application for a license, the Finance Director/Treasurer shall refund the amount paid less the amount established by resolution of the City Council for investigation of the applicant’s qualifications. (Amended, Ord. 843, 5-20-10) Subd. 2. Fees: a. The annual fee for an on-sale intoxicating liquor license without cabaret, an on-sale intoxicating liquor license with cabaret and an on-sale wine license shall be established by resolution of the City Council and shall be paid prior to June 30 of each year, or one- half (1/2) of the fee may be paid prior to June 30 and the other one-half (1/2) paid prior to December 31. (Amended, Ord. 843, 5-20-10) b. The annual fee for all other intoxicating liquor licenses shall be established by Ordinance 925 Page 11 resolution of the City Council and shall be paid in full prior to June 30 of each year. (1988 Code §100.04) c. The fees required for the temporary licenses described in Section 502.03, subdivision 6 and the special outdoor consumption endorsement described in Section 502.03, subdivision 7 shall be established by resolution of the City Council and shall be paid prior to the effective date of the license or endorsement. (Ord. 591, 10-29-96; Amended, Ord.843, 5-20-10) d. The annual fee for an off-sale intoxicating liquor license shall be reduced by one hundred dollars ($100.00) if at the time of application and before any renewal, the licensee: (Added, Ord. 843, 5-20-10) (1) Agrees to have a private vendor approved by the City train all of its employees within sixty (60) days of hire and annually thereafter in laws pertaining to the sale of alcohol, the rules for identification checks, and the responsibilities or establishments serving intoxicating liquors; (Added, Ord. 843, 5-20-10) (2) Posts a policy requiring identification checks for all persons appearing to be thirty (30) years old or less; and (Added, Ord. 843, 5-20-10) (3) Establishes a written cash award and incentive program to award employees who catch underage drinkers and a written penalty program to punish employees in the event of a failed compliance check. Failure to abide by the provisions of this paragraph may result in suspension of the license until the conditions of the fee reduction are met and may result in suspension or revocation of the license pursuant to this Chapter. (Added, Ord. 843, 5-20-10) Subd. 3. Increase of Fees: No intoxicating liquor or wine license fees shall be increased, except after notice and public hearing by the Council on the proposed increase. Notice of the proposed increase must be published in the official newspaper and mailed to all affected licensees at least thirty (30) days in advance of the hearing. (Ord. 475, 10-9-89; Amended, Ord. 843, 5-20-10) Subd. 4. Refunds: No refund of any license fee shall be permitted except that a pro rata share of the fee may be refunded to the licensee or the licensee’s estate: if the business ceases to operate because of destruction or damage; the licensee dies; the business ceases to be lawful for a reason other than a license revocation; or the licensee ceases to carry on the licensed business under the license. (1988 Code §100.04) (Amended, Ord. 843, 5-20-10) 502.07: PROOF OF FINANCIAL RESPONSIBILITY: Ordinance 925 Page 12 Subd. 1. Application: Unless otherwise excepted by this Section, each application for an intoxicating liquor or wine license shall be accompanied by one (1) of the following proofs of financial responsibility: (Amended, Ord. 843, 5-20-10) a. Insurance: A certificate that there is in effect an insurance policy issued by an insurer required to be licensed by Minnesota Statutes, Section 60A.07, subdivision 4 or by an insurer recognized as an eligible surplus line carrier pursuant to Minnesota Statutes, Section 60A.206 or pool providing coverage of at least: (Amended, Ord. 843, 5-20-10) (1) Fifty thousand dollars ($50,000.00) for bodily injury to any one (1) person in any one (1) occurrence and subject to the limit of one (1) person; (Amended, Ord. 843, 5-20-10) (2) One hundred thousand dollars ($100,000.00) for bodily injury to two (2) or more persons in any one (1) occurrence; (Amended, Ord. 843, 5-20-10) (3) Ten thousand dollars ($10,000.00) for injury to or destruction of property of others in any one (1) occurrence; (Amended, Ord. 843, 5-20-10) (4) Fifty thousand dollars ($50,000.00) for loss of means of support of any one (1) person in any one (1) occurrence and, subject to the limit for one (1) person; and (Amended, Ord. 843, 5-20-10) (5) One hundred thousand dollars ($100,000.00) for loss of means of support of two(2) or more persons in any one (1) occurrence. (Amended, Ord. 843, 5-20-10) b. Bond: A bond of a surety company with minimum coverages as provided in subdivision l(a) above; or (Amended, Ord. 843, 5-20-10) c. Commissioner of Management and Budget Certificate: A certificate of the State Commissioner of Management and Budget that the licensee has deposited with the Commissioner of Management and Budget one hundred thousand dollars $100,000.00) in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of one hundred thousand dollars ($100,000.00). (Amended, Ord. 843, 5-20-10) Subd. 2. Approval by Council: The proof of financial responsibility shall be approved by the Council and, when required, by the Commissioner. The City Attorney shall approve the form of the financial responsibility. (Amended, Ord. 843, 5-20-10) Subd. 3. A certificate of insurance, bond or certificate from the Commissioner of Management and Budget as set forth in subdivision 1 are required for temporary on- sale intoxicating liquor licenses. The insurance policy or bond must have the following Ordinance 925 Page 13 coverage: one hundred thousand dollars ($100,000.00) bodily injury each person; two hundred thousand dollars ($200,000.00) each common cause; one hundred thousand dollars ($100,000.00) property damage each common cause; one hundred thousand dollars ($100,000.00) loss of means of support; two hundred thousand dollars ($200,000.00) each common cause; and three hundred thousand dollars ($300,000.00) annual aggregate. If the event is to be held on City property, the City shall be named as an additional insured and the license holder shall agree to hold the City harmless and indemnify and defend the City for acts of the license holder. (Added, Ord. 843, 5-20-10) Subd. 4. Subdivision 1 does not apply to on-sale wine licensees who by affidavit establish that they are holders of an on-sale wine license with sales of less than twenty five thousand dollars ($25,000.00) for wine for the preceding year. (Added, Ord. 843, 5- 20-10) Subd. 5. Revocation of License: The operation of such off-sale or on-sale intoxicating liquor or wine business without having on file, at all times, with the City proof of financial responsibility required by this Section shall be grounds for immediate revocation of the license. Notice of cancellation of a current liquor liability policy shall service as notice of the impending revocation of the license. (1988 Code §100.03) (Amended, Ord. 843, 5- 20-10) 502.08: LICENSE HEARING: No issuance of a new intoxicating liquor or wine license, transfer of an existing license, renewal of an existing license, issuance of temporary on- sale intoxicating liquor license, Sunday sales license, or special outdoor consumption endorsements shall be hereafter granted by the Council until a public hearing has been conducted by the Council after published notice in the official newspaper at least ten (10) days in advance of the hearing. (1988 Code §100.05) (Ord. 601, 5-12-97; Amended, Ord. 771, 4-24-06; Ord. 843, 5-20-10) 502.09: REVIEW AND INVESTIGATION OF APPLICATION; ISSUANCE OR DENIAL: Subd. 1. Investigation of Application; Issuance or Denial: The Council shall investigate all facts set out in the application. The City must conduct a preliminary background and financial investigation of all applicants and transfer applicants for on-sale intoxicating liquor licenses. After such investigation, the Council shall grant or refuse the application, in its discretion. No off-sale intoxicating liquor license, on-sale intoxicating liquor license for a club, temporary on-sale intoxicating liquor license or on-sale wine license shall become effective until it, together with the proof of financial responsibility furnished by the applicant, has been approved by the Commissioner. (Amended, Ord. 843, 5-20-10) Subd. 2. Report to Commissioner: The City Administrator shall, within ten (10) days after the issuance of any on-sale intoxicating liquor or wine license under this Chapter, submit to the Commissioner the full name and address of each person granted a Ordinance 925 Page 14 license, the trade name, the effective license date and the date of expiration of the license. The City Administrator shall also submit to the Commissioner any transfer, cancellation, suspension or revocation during the license period. (1988 Code §100.05) (Amended, Ord. 843, 5-20-10; Ord. 844, 5-20-10) 502.10: EFFECTIVE DATE OF LICENSE: All licenses shall expire on June 30 of each year. Each license shall be issued for a period of one (1) year; except, that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one (1) month. (1988 Code §100.04) 502.11: CONDUCT OF BUSINESS; CONDITIONS OF LICENSE: Subd. 1. Responsibility of Licensee: Every licensee shall be responsible for the conduct of licensee’s place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell and serve intoxicating liquors shall be deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this Chapter equally with the employee. Subd. 2. Compliance with Laws: Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this Chapter and of any other applicable chapter of the City Code or state law. (Amended, Ord. 843, 5-20-10) Subd. 3. Posting of License: The license shall be posted in a conspicuous place on the licensed premises at all times. Subd. 4. Sales Restricted: No off-sale licensee shall sell intoxicating liquor on-sale or permit the consumption of any liquor on the licensed premises with the exception of samples authorized by Minnesota Statutes, Section 340A.510. (Amended, Ord. 843, 5- 20-10) Subd. 5. Place of Business: No license shall be effective beyond the compact and contiguous space named in the license for which it was granted. (1988 Code §100.08) Subd. 6. Closing Hours: Every on-sale intoxicating liquor or wine licensee shall be responsible for the removal of all persons, who are not employees of said licensee, from the licensed premises within thirty (30) minutes after the sale of intoxicating liquors is prohibited by law, except those premises that are also licensed as restaurants under Chapter 505 of this Title or licensed as bowling centers under Chapter 507 of this Title, and said restaurants or bowling centers are open and operating subsequent to the prohibition referred to herein, in which case, persons may remain on said premises. In no event may intoxicating 3.2 Percent (3.2%) malt liquor be served or consumed on any licensed premises contrary to law. (Amended, Ord. 843, 5-20-10) Ordinance 925 Page 15 Subd. 7. Persons on Premises: No person may remain on a premises licensed for on- sale intoxicating liquors or wine pursuant to this Chapter thirty (30) minutes after the sale of intoxicating liquors is prohibited by law unless said person is the licensee or an employee of the licensee and is engaged in the business or occupation relative to the licensed activity. (Amended, Ord. 843, 5-20-10) Subd. 8. Consumption in Parking Lots: No person may loiter or consume or have in their possession any bottle or receptacle containing intoxicating or 3.2 Percent (3.2%) malt liquors on any premises licensed for the on-sale or off-sale of intoxicating liquors while outside of the building or structure located on the licensed premises, including but not limited to parking lots, driveways and landscaped areas, as well as steps, passageways or vestibules located outside of said building or structure, except as provided by Sections 502.03, subdivision 7 and 503.03, Subdivision 1(c). Any person in violation of this subdivision shall be guilty of a misdemeanor. (Ord. 771, 4-24-06; Amended, Ord. 843, 5-20-10) 502.12: HOURS AND DAYS OF SALES: Subd. 1. General Restrictions: No sale of intoxicating liquor for consumption on the licensed premises shall be made between the hours of two o’clock (2:00) A.M. and eight o’clock (8:00) A.M. on the days of Monday through Saturday. No sale of intoxicating liquor shall be made by an off-sale licensee before eight o’clock (8:00) A.M. or after eight o’clock (8:00) P.M. on any day except Friday and Saturday, on which days sales may be made until ten o’clock (10:00) P.M. No sale of intoxicating liquor shall be made by an off-sale licensee on Sundays. No off-sale of intoxicating liquor shall be made on Thanksgiving Day, Christmas Day or after eight o’clock (8:00) P.M. on December 24th. (Amended, Ord. 717, 7-28-03; Ord. 843, 5-20-10) Subd. 2. Sunday Sales: Notwithstanding the provisions of subdivision 1 of this Section, and unless the licensee has obtained a Sunday Growler Off Sale License, restaurants, clubs, bowling centers and hotels with seating capacities for at least thirty (30) persons and which hold an on-sale intoxicating liquor license may serve intoxicating liquor between the hours of eight o’clock (8:00) A.M. and two o’clock (2:00) A.M. on Sundays in conjunction with the sale of food upon obtaining a Sunday Sales license from the City. (Ord. 475, 10-9-89; Amended, Ord. 717, 7-28-03; Ord. 843, 5-20- 10; Ord. 851, 10-7-10; Ordinance 911, 01-25-16) Subd. 3. Sunday Growler Off-Sale: Pursuant to §503.03, subd, 10, of the City Code, a brewer that manufactures less than twenty thousand (20,000) barrels of malt liquor per year is authorized to sell malt liquor to the public in sixty-four (64) ounce containers, commonly known as Growlers as permitted by Minnesota Ordinance 925 Page 16 Statutes §340A.301, on Sundays between the hours of 8:00 a.m. to 10:00 p.m, upon obtaining a Sunday Growler Off-Sale License. 502.13: PROHIBITED OR RESTRICTED ACTS AND CONDITIONS: Subd. 1. Sales to Certain Persons Prohibited: No intoxicating liquor shall be sold, served, furnished or delivered for any purpose to any person under the age of twenty one (21), to any person obviously intoxicated or to any person to whom sale is prohibited by statute. (Amended, Ord. 843, 5-20-10) Subd. 2. Gambling Devices: a. Except as otherwise provided in this subdivision, no licensee shall keep, possess or operate or permit the keeping, possession or operation of any slot machines, dice or any gambling equipment on the licensed premises or in any room adjoining the licensed premises in violation of Chapter 349 of Minnesota Statutes and Chapter 518 of the City Code. Lottery tickets may be purchased and sold within the licensed premises as authorized by the Director of the State Lottery under Minnesota Statutes Chapter 349A. Dice may be kept and used on the licensed premises and adjoining rooms for social dice games as authorized by Minnesota Statutes, Section 609.761, subdivision 4. (1988 Code §100.08) (Ord. 691, 1-28-02; Amended, Ord. 835, 4-1-10; Ord. 843, 5- 20-10) b. No licensee shall conduct or permit to be conducted on any licensed premises “casino” or “Las Vegas” events where guests are allowed to participate in gambling activities, except when said guests are not required to provide monetary consideration to participate in the event. (Amended, Ord. 835, 4-1-10) Subd. 3. Ownership by Manufacturers or Distillers of Liquor: No equipment or fixture in any licensed premises shall be owned, in whole or in part, by any manufacturer or distiller of intoxicating liquor. (Amended, Ord. 843, 5-20-10) Subd. 4. Refilling and Diluting: No licensee shall sell, offer for sale or keep for sale intoxicating liquors in any original package which has been refilled or partly refilled. No licensee shall, directly or through any other person, dilute or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the licensed premises by any licensee of any intoxicating liquor in the original package differing in composition or alcoholic content from the liquor when received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. (Amended, Ord. 843, 5- 20-10) Ordinance 925 Page 17 Subd. 5. Federal Wholesale Dealers or Gambling Stamps: No licensee shall apply for or possess a Federal wholesale liquor dealer tax stamp. (Amended, Ord. 843, 5-20-10) Subd. 6. Ethyl Alcohol or Neutral Spirits: No licensee shall keep ethyl alcohol or neutral spirits on the licensed premises or permit their use on the premises either alone or mixed with any other beverage. (Amended, Ord. 843, 5-20-10) Subd. 7. Sexual Acts; Indecent Exposure: The following acts or conduct on licensed premises are deemed contrary to public welfare and morals, and therefore, no on-sale license shall be held at any premises where such conduct or acts are permitted: (Amended, Ord. 843, 5-20-10) a. To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to 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. b. To employ or use the services of any host or hostess while such host or hostess is unclothed or in such attire, costume or clothing as described in subdivision 9a above. (Amended, Ord. 843, 5-20-10) c. To encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other 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 person to perform acts of or acts which simulate: (1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (2) The touching caressing or fondling on the breast, buttocks, anus or genitals. (3) The displaying of the pubic hair, anus, vulva, genitals or the nipple or areola of the female breast. f. To permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described in subdivision 7 above. (Amended, Ord. 843, 5-20-10) g. To permit any person to remain in or upon the licensed premises who exposes to public view the pubic hair, anus, vulva or genitals, except where said pubic hair, anus, Ordinance 925 Page 18 vulva or genitals are covered with transparent clothing, in the form of pants or panties, and in addition, where the breast and the pubic hair, anus, vulva and genitals are covered with transparent clothing. h. To permit the showing of film, still pictures, electronic reproduction or other visual reproductions depicting: (1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (2) Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals. (3) Scenes wherein a person displays the vulva or anus or the genitals. (4) Scenes wherein artificial devices or inanimate objects are employed to depict or drawings are employed to portray any of the prohibited activities described above. (5) To permit any employee or person under contract to perform on the premises or 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 premises, said stage to be located at least three (3) feet from any patron. Subd. 8. Sale or Consumption in Public or on Public Land or Streets: No intoxicating liquor shall be sold or consumed in any public place not holding an on-sale or off-sale license. No liquor shall be sold or consumed on a public street, in an automobile or on public land. (1988 Code §100.10) (Amended, Ord. 843, 5-20-10) 502.14: MINORS: Subd. 1. Employment of Minors: No person under the age of eighteen (18) shall be permitted to sell or serve intoxicating liquor in any on-sale or off-sale establishment. (1988 Code §100.09) (Amended, Ord. 843, 5-20-10) Subd. 2. Purchase of Liquor; Misrepresentation of Age: No person under the age of twenty one (21) shall misrepresent his or her age for the purpose of obtaining liquor. No person under the age of twenty one (21) shall enter any premises licensed under this Chapter in order to procure intoxicating liquor or to consume or purchase or attempt to purchase or have others purchase for the person under the age of twenty one (21) such beverages on licensed premises. (Amended, Ord. 843, 5-20-10) Ordinance 925 Page 19 Subd. 3. Inducing Persons Under the Age of twenty one (21) to Purchase Liquor: No person shall induce a person under the age of twenty one (21) to purchase or procure liquor. (Amended, Ord. 843, 5-20-10) Subd. 4. Procuring Liquor for Persons Under the Age of twenty one (21): No person shall give to, procure or purchase liquor for any person under the age of twenty one (21) or any other person to whom the sale of intoxicating liquors is forbidden by law. (1988 Code §100.10) (Amended, Ord. 843, 5-20-10) 502.15: ZONING RESTRICTIONS: No license shall be issued for premises located within the areas restricted against commercial use by Title 1100 of this Code. No license shall be issued for premises or places in which the sale or use thereof has been prohibited by the Minnesota Statutes, Chapter 340A. (1988 Code §100.11) (Amended, Ord. 843, 5-20-10) 502.16: SUSPENSION OR REVOCATION OF LICENSE: Subd. 1. Cause for Suspension: The Council may suspend or revoke any liquor license for violation of any provision or condition of this Chapter or any State law regulating the sale of intoxicating liquors and shall revoke such license if the licensee willfully violates any provision of Minnesota Statutes, Chapter 340A or this Chapter. (Amended, Ord. 843, 5-20-10) Subd. 2. Written Notice: Except in the case of a suspension pending a hearing on revocation, revocation or suspension by the Council shall be preceded by written notice to the licensee, and a public hearing shall be held. The notice shall give at least eight (8) days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. (Amended, Ord. 843, 5-20-10) Subd. 3. Suspension Pending Hearing: The Council may, without any advance notice, suspend any license pending a hearing on revocation for a period not exceeding thirty (30) days. (1988 Code §100.12) 502.17: VIOLATION OF PROVISIONS: Any person violating any provision of this Chapter shall be guilty of a misdemeanor. (1988 Code §100. 13) (Amended, Ord. 843, 5-20-10) SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: Ordinance 925 Page 20 On August 22, 2016, the City Council adopted Ordinance 925 that amends Title 500, Chapter 502 of the City Code to add Micro Breweries, National Breweries, Regional Breweries, Brewpubs, Distilled Spirits, Microdistilleries, and Taprooms Business Licensing to the City’s Liquor Code. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds-view.mn.us. SECTION 3. This ordinance shall take effect and be in force on January 1, 2017, in accordance with Sections 2.07 and 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on August 8, 2016. Second Reading and Adoption by the Mounds View City Council on August 22, 2016. Publication Date: September 2, 2016 Joe Flaherty, Mayor ATTEST: ______________________________ James Ericson, City Administrator (seal) Item No: 07D Meeting Date: August 8, 2016 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Introduction and First Reading of Ordinance 925, an Ordinance Amending Title 500, Chapter 502 to add Micro Breweries, National Breweries, Regional Breweries, Brewpubs, Distilled Spirits, Microdistilleries and Taprooms Business Licensing to the Liquor Code Discussion: Per the City Council’s direction, Staff has been working on amendments to the Zoning and Liquor Code to allow brewpubs, breweries, microbreweries and taprooms in Mounds View. As a refresher, below are the definitions: Brewpub is a restaurant that produces its own beer for onsite and growler sales, while also selling spirits and the beer of others. Brewpubs can serve their own beer -- and the beer and liquor of other companies -- to patrons, but they cannot can, bottle, or keg their beer to sell to bars, restaurants, and stores. Brewery is a facility that produces beer for distribution to bars and restaurants and can operate a taproom that sells only their own beer onsite. It takes a separate license to own a brewpub or a brewery and an individual in Minnesota cannot get both. Microbrewery is a state licensed facility and may brew no more than 20,000 barrels of its own brands of malt liquor annually. Microdistillery means a distillery producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year as regulated by Minnesota Statutes. Taproom is a state licensed brewer permitting the on-sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery or an abutting property in common ownership of the brewer, which may include the sales of malt liquor produced and packaged at the brewery for off premises consumption as allowed by Minnesota Statutes. Per City Council direction at the August Work Session, Staff prepared the attached Ordinance amending the City’s liquor code by adding licensing language to authorize breweries, microdistilleries, and Sunday sales of Growlers. Attached is a draft, introduction and first reading of Ordinance 925 for your review. Item 07D August 8, 2016 City Council Meeting Page 2 Recommendation: Introduce the first reading of Ordinance 925, an ordinance amending Title 500, Chapter 502 of the City’s Liquor Code by adding business licensing language to allow Micro Breweries, National Breweries, Regional Breweries, Brewpubs, Distilled Spirits, Microdistilleries, and Taprooms. The attached ordinance also adds language allowing the Sunday sale of Growlers. Respectfully submitted, ________________________ Desaree Crane Item No: 7E Meeting Date: August 8, 2016 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 8615, Authorization to Advertise for the Housing/Code Enforcement Inspector Position Background: Effective August 10, 2016, Craig Swalchick resigned from his position as Housing/Code Enforcement Inspector. Discussion: The City is requesting to start the advertising process for the Housing/Code Enforcement Inspector position. This position is a full-time, non-union, non-exempt position. This position is required and essential to provide administrative and technical work in conducting inspections to ensure compliance with the City’s housing, nuisance, zoning, and other codes. Below is the proposed hiring schedule: Council Authorization to Advertise Position: August 8, 2016 Placed on the League of Minnesota City Website, City’s website and other related websites: August 9, 2016 Sunday edition of the Star Tribune: August 14, 2016 Deadline for Submitting Applications: September 2, 2016 Review all Applications: September 6, and 7, 2016 Top Candidates Decided: September 8, 2016 Interviews: September 12-16, 2016 Top Candidate Presented to City Council: September 26, 2016 Candidate starts employment: on or about the week of October 10, 2016 Item 07E August 8, 2016, City Council Meeting Page 2 Recommendation: Staff is requesting Council approval of attached Resolution 8515 authorizing the advertisement for the position of Housing/Code Enforcement Inspector in the Community Development Department. Once a qualified candidate is selected, Staff would seek authorization from the City Council to hire the individual. Respectfully submitted, Desaree Crane RESOLUTION 8615 CITY OF MOUNDS VIEW COUNTY OR RAMSEY STATE OF MINNESOTA AUTHORIZING THE ADVERTISEMENT FOR THE HOUSING/CODE ENFORCEMENT POSITION WHEREAS, effective August 10, 2016, Craig Swalchick resigned as Housing/Code Enforcement Inspector; and WHEREAS, the Community Development Department will have a need to fill this full-time, non-exempt position, due to Craig Swalchick’s resignation; and WHEREAS, Staff would like to start the process of advertising for the Housing/Code Enforcement Inspector position immediately. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Mounds View authorizes staff to prepare and post an advertisement for a full-time, non- exempt position of “Housing/Code Enforcement Inspector” within the Community Development Department. NOW, MAY IT BE FURTHER RESOLVED, that once a qualified candidate is selected for the Housing/Code Enforcement Inspector position, staff would seek authorization from the City Council to hire the individual. Adopted this 8th day of August, 2016. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, City Administrator (seal) Item No: 7F Meeting Date: August 8, 2016 Type of Business: Council Business Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jon Sevald, Planner Item Title/Subject: Introduction, and First Reading of Ordinance 927, an Ordinance amending Title 1100 of the Mounds View City Code, Chapters 1102, 1103, and 1106 relating to Accessory Dwelling Units. Introduction: Accessory Dwelling Units (ADU) are similar to an apartment on the same lot as a single-family home. ADU’s are an option to allow homeowners to age in place by providing an independent dwelling for a caretaker, relative, or other renter to live. Staff has occasionally received inquiries if they are permitted in the R-1 Zoning District (they are not). The R-1 District is limited to one dwelling per lot. This topic was discussed by the City Council on May 9th and August 1st, 2016, and by the Planning Commission on June 1st, July 6th, and July 20th, 2016. During the Council’s August 1st Workshop, the Council’s consensus was to allow ADU’s as a permitted use if located internal to the home, and allow as a conditional use (CUP) if locate in an addition attached to the home. The Council considered ADU’s as a detached accessory building, and preferred to not allow them. (Proposed: Permitted Use) (Proposed: Conditional Use) (Proposed: PROHIBTED) Discussion: Accessory Dwelling Units are a topic which many cities have considered in recent years. It’s important to note that cities permit ADU’s differently; • Andover allows ADU’s only on lots zoned for 2.5+ acres. • Plymouth allows ADU’s only if the home was originally constructed with an ADU. • St. Paul allows ADU’s only within carriage houses, but is considering allowing them along the west University Ave. LRT corridor. • Roseville allows ADU’s as a permitted use, but requires notification of all neighbors prior to administrative approval. • New Brighton allows ADU’s only on lots twice the minimum lot size, and only for use by the homeowners’ employees (i.e. nanny, caretaker, etc.). Since Minneapolis amended their ordinance to allow ADU’s, the city has issued 50 permits (Jan 2015 – Jun 2016). By contrast, nine suburbs queried by Staff stated that they have rarely issued an ADU permit. When Richfield amended their ordinance to allow ADU’s, a number of property owners with illegal ADU’s applied for permits to become legal units, but the city has not received any applications for “new” ADU’s. Mounds View might experience the same. Highlights of the proposed Amendment: • ADU’s are limited to the R-1 District. • Either the single-family home or the ADU must be owner occupied. • If the ADU has no internal access into the home, a Rental License is required. If rented to a family member, there is no rental fee or inspection. • The ADU must be on a permanent foundation. • One additional parking space is required for the ADU. Planning Commission Recommendation: The Planning Commission recommended approval of the ordinance amendment (Resolution 1054-16), allowing an Internal ADU as a Permitted Use; an Attached ADU as a Conditional Use (CUP); and a Detached ADU as a Conditional Use (CUP). Summary Accessory Dwelling Units are similar to an apartment on the same lot as a single-family home. ADU’s are an option to allow homeowners to age in place by providing an independent dwelling for a caretaker, relative, or other renter to live. The ADU must be within, or attached to the single-family home. Recommendation: Staff recommends that the City Council introduce the First Reading of Ordinance 927, considering amending Zoning Code, Chapters 1102, 1103, and 1106, relating to Accessory Dwelling Units. Respectfully submitted, ________________________ Jon Sevald, AICP Planner Attachments Ord 927 ORDINANCE No. 927 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDMENT TO TITLE 1100, CHAPTERS 1102, 1103, AND 1106 OF THE MOUNDS VIEW CITY CODE RELATING TO ACCESSORY DWELLING UNITS The City of Mounds View Ordains: SECTION 1. The City Council of the City of Mounds View herby amends Title 1100, Chapters 1102; 1103; and 1106 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: Chapter 1102: Zoning Rules and Definitions Section1102.02: Definitions: The following words and terms, wherever they occur in this Code, shall be defined as follows: Subd. 43. DWELLING, TWO-FAMILY: A dwelling designed exclusively for occupancy by two (2) families living independently of each other, also known as double bungalow, duplex, side-by-side two (2)-family dwellings. An Accessory Dwelling Unit is not a Two-Family Dwelling. Subd. __: DWELLING UNIT, ACCESSORY: a dwelling unit that is located on the same lot as a single-family dwelling to which it is accessory to ; and is internal, or an addition onto the principal dwelling. 1103.02: DWELLING UNIT RESTRICTIONS: Subd. 1. No cellar, garage, tent, recreational vehicle, travel trailer or accessory building shall at any time be used as an independent residence or dwelling unit, temporarily or permanently, except as permitted pursuant to Section 1106.03, Subd 10 (Accessory Dwelling Units). Chapter 1106: R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT Section 1106.02: PERMITTED USES: The following are permitted uses in an R-1 District: Subd. 1. Single-family detached dwellings. a. Each applicant for a building permit to construct any principal dwellings shall be required to provide off-street parking spaces for at least two (2) automobiles per family in addition to any garage spaces to be used. Section 1106.03: ACCESSORY USES: The following are permitted accessory uses in an R-1 District. Subd 10. Accessory Dwelling Unit (Internal): a. One Accessory Dwelling Unit may be located on a lot occupied by a single-family home (principal dwelling). The lot must comply with minimum dimensional standards. The Accessory Dwelling Unit shall be located within the existing single- family home, and shall not require any exterior modifications to the existing home, excluding doors and windows. Figure 1: Accessory Dwelling Unit (Internal Unit) b. The Single-Family Home or the Accessory Dwelling Unit shall be occupied by the property owner. The property shall be homesteaded. c. An internal Accessory Dwelling Unit shall have a minimum gross floor area of 300 sq ft, and a maximum gross floor area not to exceed the area of the floor above or below it (excluding floor overhangs). d. A minimum of one (1) off-street parking space shall be provided for the Accessory Dwelling Unit. e. Accessory Dwelling Units shall be licensed as a rental dwelling, and comply with Chapter 1012 (Rental Dwelling License). Section 1106.04: CONDITIONAL USES: The following are conditional uses in an R-1 District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd. 9 Accessory Dwelling Unit (Addition): a. One Accessory Dwelling Unit may be located on a lot occupied by a single-family home. The lot must comply with minimum dimensional standards. The Accessory Dwelling Unit shall be located within an addition onto an existing single-family home. Figure 2: Accessory Dwelling Unit (Exterior Addition) b. The Single-Family Home or the Accessory Dwelling Unit shall be occupied by the property owner. The property shall be homesteaded. c. An Accessory Dwelling Unit shall have a minimum gross floor area of 300 sq ft and a maximum gross floor area of 800 sq ft. d. The exterior design of the Accessory Dwelling Unit shall be consistent with the character of the single-family home. e. A minimum of one (1) off-street parking space shall be provided for the Accessory Dwelling Unit. f. Accessory Dwelling Units shall be licensed as a rental dwelling, and comply with Chapter 1012 (Rental Dwelling License). SECTION 2. In accordance with Section 3.07 of the City Charter, City Staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On August 22, 2016, the City Council adopted Ordinance 927 that amends Chapters 1102; 1103; and 1106 of the Mounds View Municipal Code relating to Accessory Dwelling Units as a permitted use if internal to the existing home, and as a conditional use if within an addition onto a home, and within the R-1 Zoning District. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available online at the City’s website located at www.ci.mounds-view.mn.us. SECTION 3. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on August 8, 2016. Second Reading and Adoption by the Mounds View City Council on August 22, 2016. Publication Date: September 2, 2016 _______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, City Administrator (seal) Item No: 7G Meeting Date: August 8, 2016 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Second Reading and Adoption of Ordinance 922, an Ordinance Amending Chapter 105 of the Municipal Code to Increase Council Member Compensation (ROLL CALL VOTE) Background: At the June 6, 2016, work session, the City Council discussed the possibility of considering an amendment to the City Code that would increase the annual compensation paid to the Mayor and City Council members. There has not been an increase to Council member wages since 2003. At the June 13, 2016, meeting, the Council discussed possible increases but did not reach a consensus. After additional discussion on the matter, direction to proceed with the requisite ordinance was provided at the July work session. Discussion: Staff researched what our neighboring and comparable cities pay their Mayor and Council and determined that the Mounds View wage for Mayor is about 28% under the average, and the wage for Council members is 6.25% under the average. Looking only at comparable cities (excluding Blaine, Fridley, New Brighton and Shoreview,) Mounds View’s Mayor and Council rates are 18% below and 1% above the average, respectively. While an 18% increase may “sound” large, the actual dollar amount is not. Given that the last compensation increase was enacted thirteen years ago, one could reasonably conclude an increase is warranted. The City Charter and MN Statutes indicate that the Mayor and Councilmembers shall receive such compensation as is fixed by the Council. Mayor and Council compensation amounts are codified in Section 105.03. Any increase to the compensation must be enacted by ordinance, and shall not become effective until after the next municipal election. The City Council discussed numerous compensation scenarios and ultimately reached a consensus on increasing the Mayor’s annual compensation from $6,300 to $7,500, an increase of $1,200, and increasing the Council compensation to 90% of the mayoral rate, which equates to $6,750, an increase of $1,050. (The current Council rate is 90% of the Mayor’s rate.) The 2017 Budget will be adjusted to reflect the additional compensation. Ordinance 923 Report August 8, 2016 Page 2 Ordinance 922 was introduced and first heard on July 25, 2016, whereupon it was approved to proceed to a second reading on August 8, 2016. Recommendation: Approve the second reading and adoption of Ordinance 922, an ordinance amending Chapter 105 of the Municipal Code to Increase Mayor and City Council Member compensation to $7,500 and $6,750, respectively, effective January 1, 2017. As with any other ordinance, approval of the ordinance is by a roll call vote of the Council . Respectfully submitted, ________________________ James Ericson City Administrator Attachments: 1. Ordinance 922 ORDINANCE NO. 922 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 105 OF THE MOUNDS VIEW MUNICIPAL CODE REGARDING MAYOR AND CITY COUNCIL ANNUAL COMPENSATION The City of Mounds View Ordains: SECTION 1. In accordance with Minnesota Statutes and Section 2.07 of the Mounds View City Charter, the City Council of the City of Mounds View hereby amends Section 105.03 of the Mounds View Municipal Code relating to annual compensation by striking old language and underlining new language as follows: 105.03: COMPENSATION: Subd. 1. Mayor’s Compensation: The salary of the Mayor is fixed at seven thousand five hundred six thousand three hundred dollars ($7,500 6,300.00) per year. Subd. 2. Councilmembers’ Salaries: The salary of the Councilmembers is fixed at six thousand seven hundred and fifty five thousand seven hundred dollars ($6,750 5,700.00) per year. SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On August 8, 2016, the City Council adopted Ordinance 922 that amends Section 105.03 of the Mounds View City Code relating to Mayor and City Council compensation. After thirteen years without an adjustment, the annual compensation for Mayor shall increase to $7,500 from $6,300, and compensation for the City Council shall increase to $6,750 from $5,700, both effective January 1, 2017. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds-view.mn.us. SECTION 3. This ordinance shall take effect and be in force on January 1, 2017, in accordance with Sections 2.07 and 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on July 25, 2016. Second Reading and Adoption by the Mounds View City Council on August 8, 2016. Publication Date: August 19, 2016 Joe Flaherty, Mayor Attest: ______________________________ James Ericson, City Administrator (seal) Item No: 7H Meeting Date: August 8, 2016 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Brian Erickson, Public Works Director/City Engineer Item Title/Subject: Resolution 8613, Approve Replacement of Two Existing Hydrants on County Road H in Conjunction with Ramsey County’s Project Introduction: The Ramsey County’s reconstruction of the I-35W and County Road H project is well underway. As construction has progressed at the intersection of Mounds View Boulevard and County Road H, it was discovered that two hydrants would be in the street or curb of the new roadway. As a result they need to be relocated further north in the county right of way. Unfortunately, this was not included as part of the design, so Public Works staff has been working with Ramsey County to resolve this situation. Discussion: With the need to relocate these hydrants, staff reviewed the condition of the hydrants. It was determined that replacing them would be appropriate as they are approximately 50 years old. Since the contractor is responsible for relocating them the City would only need to purchase the new hydrants and isolation valves. It was decided that the City would provide the necessary material; however, the contractor will be responsible for the labor costs. Some other minor costs such as additional piping will be covered under the construction costs as well. Staff requested a quote from Ferguson Waterworks for providing the necessary material. The material would include two new hydrants, isolation valves for each hydrant, and necessary fittings to make all the appropriate connections. The estimated cost is $11,111.51. This cost is not in the 2016 Water Budget; however, there is a line item for gate valve replacement in the amount of $15,000.00. No gate valves are scheduled for replacement at this time and thus funding could come from 700-4823-7030. Recommendation: Staff recommends the Council approve the quote from Ferguson Waterworks for the purchase of the hydrants, pipe, valves and fittings in the amount of $11,111.51. Funding to come from 700- 4823-7030. Staff also requests a contingency of 10% or $1,111.00 for unforeseen expenses during the installation of the hydrants. Total not to exceed 12,222.51. Respectfully Submitted, Brian L. Erickson, P.E. Director of Public Works/City Engineer RESOLUTION NO. 8613 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVE REPLACEMENT OF TWO EXISTING HYDRANTS ON COUNTY ROAD H IN CONJUNCTION WITH RAMSEY COUNTY’S PROJECT WHEREAS, the intersection of Mounds View Boulevard and County Road H is being reconstructed by Ramsey County; and WHEREAS, two City of Mounds View hydrants need to be relocated due to the construction; and WHEREAS, Public Works recommends that the existing hydrants be replaced with new hydrants due to their age; and WHEREAS, Ferguson Waterworks has provide a material quote for new hydrants, pipe, valves and fittings of $11,111.51; and, WHEREAS, the Water Fund 2016 budget has $15,000.00 for gate valve replacement which can be used for funding this need. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The quote from Ferguson Waterworks for material is accepted in the amount of $11,111.51 for providing two new hydrants, pipe, valves and fittings. 2. A contingency in the amount of $1,111.00 (10%) is approved for unforeseen conditions during the replacement of the hydrants. 3. Funding for this shall come from the Water Fund (700-4283-7030) in an amount not to exceed $12,222.51. Adopted this 8th day of August, 2016 ________________________________ Joe Flaherty, Mayor ATTEST: _________________________________ James Ericson, City Administrator (SEAL) Item No: 7I Meeting Date: August 8, 2016 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Brian Erickson, Public Works Director/City Engineer Item Title/Subject: Resolution 8614, Approve Replacement of Driveway and Sidewalk at 3009 County Road H Introduction: As part of City Project 2003-001, sidewalk was installed along the north side of County Road H from the Fridley city limits east to Silver Lake Road. This project was completed in late 2003. In addition to the sidewalk that was constructed a hand rail and guard rail was installed to the east of 3009 County Road H. Discussion: The resident, Mr. Steve Borden at 3009 County Road H, notified the Public Works staff of a problem that has occurred as part of this sidewalk construction project. Elevations were taken at various points along Mr. Borden’s driveway and the sidewalk on either side. This showed that both the sidewalk and driveway apron drain back toward his private property. As a result Mr. Borden has experienced a significant amount of street drainage across his property to Spring Creek. This has resulted in some erosion as well causing a general nuisance. In order to correct this situation it’s necessary to have the sidewalk as well as a portion of the driveway reconstructed and graded properly. To accomplish this work, staff sought quotes from five concrete contractors. Ultimately, two quotes were received. The table below details these quotes: Funding for this work would come from the Street Improvement Fund (485-4470-7050). Recommendation: Staff recommends that City Council award this project to Paragon Paving in order to correct the drainage problem that exists for the property owner at 3009 County Road H. In addition, staff recommends a contingency of 5% ($550.00) for unforeseen conditions be approved. Funding for this work would be from the Street Improvement Fund (485-4470-7050). Respectfully Submitted, Brian L. Erickson, P.E. Director of Public Works/City Engineer Company Quote Paragon Paving 10,971.00$ Neeck Construction, Inc.11,750.00$ LaMere Concrete, Inc.No quote Kelleher Construction No quote D & S Concrete and Masonry No quote Concrete Repairs RESOLUTION NO. 8614 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVE REPLACEMENT OF DRIVEWAY AND SIDEWALK AT 3009 COUNTY ROAD H WHEREAS, the City of Mounds View constructed a sidewalk along the north side of County Road H in 2003; and WHEREAS, the sidewalk and driveway apron at 3009 County Road H are improperly graded causing stormwater to drain across private property; and WHEREAS, five quotes were requested to perform appropriate repairs to the sidewalk and driveway; and WHEREAS, funding is available from the Street Improvement Fund to perform this work. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota that: 1. The quote from Paragon Paving is accepted in the amount of $10,971.00 to include the alternative bid item for additional concrete. 2. A contingency of 5% ($550.00) is approved for unforeseen conditions. 3. Funding for this shall come from the Street Improvement Fund (485-4470-7050) in an amount not to exceed $11,521.00. Adopted this 8th day of August, 2016 ________________________________ Joe Flaherty, Mayor ATTEST: _________________________________ James Ericson, City Administrator (SEAL) Item No: 07J Meeting Date: August 8, 2016 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 8617, Authorizing the Sending of a Notice of Termination of Lease to Creative Kids Academy - Mounds View, Inc. Introduction: A few times over the last year or so, the YMCA had expressed an interest in becoming the child-care provider at the Mounds View Community Center. The current provider, Creative Kids, has a lease with the City that expires on July 31, 2018. The lease does allow for the option of early termination by providing the tenant with a one-year notice in writing. Representative from the YMCA attended the Council’s work session to discuss their proposal for providing child care services at the Community Center. Discussion: The current tenant, Creative Kids Academy - Mounds View, Inc., has been in the facility since 2008 when it took over the lease from the previous tenant who had been operating a business under the same name for years prior to 2008. The current tenant has been a stable fixture in the building, and the City has had no reason to explore other child care tenant options for the space. Recently the YMCA approached the City with this proposal and asked the Council to give it some consideration. According to online reports, the YMCA is one of the largest not-for-profit child care provider in the country. There are child care services in many of the YMCA facilities in the metro area. The YMCA has reviewed the current lease and believes that it would be able to provide the same or a greater level of child care service in the leased space. Other benefits of having the YMCA as the provider is that it combines all leased space under one management entity. Presently, the child care space is general empty on weekends and after hours, the YMCA would be positioned to use this space in conjunction with other programs, making the space more efficient and more cost-effective to operate. In addition, the YMCA proposes to use their own custodial services at the same cost we are paying our current vendor, thus eliminating the need to have multiple cleaning venders in the building and freeing up city staff to address other maintenance and exterior facility needs. Other benefits to the City would include the elimination of an annual property tax payment, saving us about $8,400 each year. While the lease with the current tenant does not expire until July 31, 2018, there is a clause in the agreement that allows the City to terminate the lease at any time upon a one-year written notice to the tenant: Childcare Lease Report August 8, 2016 Page 2 Section 1.2. Term. The term of this Lease and Tenant's obligation to pay rent hereunder shall continue until July 31, 2018, at which time the Lease shall expire. Notwithstanding any contrary provision contained herein, upon at least one (1) years prior written notice from Landlord to Tenant, Landlord shall have the right to terminate this Lease and upon expiration of such notice period, the term of this Lease shall automatically terminate. Recommendation: Based on the City Council’s review of the YMCA proposal at the August 1, 2016, work session, the City Attorney has prepared a resolution authorizing the sending of a Notice of Termination of Lease to Creative Kids Academy - Mounds View, Inc. Staff has attempted to contact the owner of the business who is apparently out of the country. Respectfully submitted, ________________________ James Ericson City Administrator Attachments: 1. YMCA Proposal 2. Resolution 8617 1 MOUNDS VIEW EARLY CHILDHOOD LEARNING CENTER EXECUTIVE SUMMARY Contact: Nate Danielson Mounds View 763-717-4036 Nathan.Danielson@YMCAMN.org MVCC ECLC The YMCA of the Greater Twin Cities is proposing to lease the child care center attached to the Community Center at 5394 Edgewood Drive. The terms would be similar to the current lease the city holds: Terms: August 2017 thru July 2022. Rent: $85,882 increase based on CPI, within 0%-3% (This amount included utilities and maintenance calculations from (exhibit B) Shared Space: YMCA would not need access to the license kitchen for feeding the youth, this would allow rental of the space. In addition we would utilize the child care space in evenings to maximize rentals space. MVCC CUSTODIAL With the ECLC operations the YMCA is also proposing to provide custodial staffing operations for the entire building. We propose the City of Mounds View pays the YMCA of Greater Twin Cities the amount that was paid to the custodial contractor (in 2016 it was $16,000) in return the YMCA will provide custodial staffing and cleaning for the Mounds View Community Center, Early Childhood Learning Center, and the Event Center. Event Center staffing via the Community Center contract would remain for hosting events. City Staff would focus on facility maintenance, lawn care, and snow removal. City staff would provide and control the chemicals and equipment used to clean its facility. YMCA custodial staff will be able to clean the building more efficiently following usage and programming closely. In addition the YMCA can leverage a larger custodial staffing pool and change the structure of cleaning schedule based on seasonal needs of the building and programming. Customer View Based on market pricings and secret shops we do not see a price increase to the customer The YMCA as a non-profit ECLC will be able to offer up to 50% Financial Assistance to families. If the YMCA has access to the site before possession to obtain license we expect no disruption or at maximum 1-2 weeks of disrupted service. YMCA would plan to keep majority of the current staff to make transition for youth and families easiest YMCA as the largest non-profit ECLC in the nation can leverage training resources and best practices to raise quality of programming YMCA ECLC vs. Current Both are accredited by National Association for the Education of Young Children (NAEYC) Both are 4 star parent aware rated the highest rating Both offer enrichment program, including health, music, and language. Additional YMCA offerings: YMCA offers free swimming lesson to ECLC participants YMCA caters food from healthy options, food is not cooked on site YMCA has industry competitive salaries for all ECLC positions. In addition the YMCA offers superior benefits package of training, retirement, staff children discounts and paid time off Facility Control of entire building allowing for greater exposure, marketing, and collaboration of programming Increase rentals for event center and meeting rooms by using ECLC space on nights and weekends to run youth programming and birthday parties and non-revenue producing rentals Partnership allows City to focus its staff on repair and upkeep activities and not split time with cleaning. Increasing quality of programs and facilities Increase programming and profit sharing for City of Mounds View and YMCA. Grow programming to younger youth average seen at similar buildings in association 10- 15% increase 1 484293v1 MU210-35 RESOLUTION 8617 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZE THE SENDING OF A NOTICE OF TERMINATION OF LEASE WHEREAS, the City of Mounds View, as landlord (“Landlord”), and Creative Kids Child Care Center II, Inc., a Minnesota corporation, as tenant (“Original Tenant”) entered into a leased dated November 20, 2006 (“Lease”) which was assigned to Creative Kids Academy – Mounds View, Inc., a Minnesota corporation (“Tenant”) pursuant to an Assignment, Assumption and Consent Agreement to Lease (the “Assignment”) dated December 22, 2008; and WHEREAS, the term of the Lease has been extended and modified pursuant to various documents entitled Extension of Lease Agreement (collectively referred to as the “Extension”), the last of which is dated July 31, 2013; and WHEREAS, Section 1.2 of the Lease, as amended by the Extension, reads as follows: Section 1.2. Term. The term of this Lease and Tenant’s obligation to pay rent hereunder shall continue until July 31, 2018, at which time the Lease shall expire. Notwithstanding any contrary provision contained herein, upon at least one (1) years prior written notice from Landlord to Tenant, Landlord shall have the right to terminate this Lease and upon expiration of such notice period, the term of this Lease shall automatically terminate; and WHEREAS, the Landlord desires to terminate the Lease and provide the written notice to the Tenant as required by Section 1.2 of the Lease; and WHEREAS, notice of termination of the Lease by Landlord to the Tenant shall be provided as required by Section 1.2 of the Lease. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The Recitals set forth above are incorporated into this Resolution as if fully set forth herein. 2. Landlord has the right to terminate this Lease and the Lease is terminated upon the providing of at least one (1) years prior written notice from Landlord to Tenant, and upon expiration of such notice period, the term of the Lease shall automatically terminate. Resolution 8617 Page 2 2 484293v1 MU210-35 3. A copy of this Resolution shall serve as the prior written notice from Landlord to Tenant of the termination of the Lease and shall be served on the Tenant on August 9, 2016. 4. The Lease shall automatically terminate one (1) year from the date of August 9, 2016, and the Tenant shall surrender possession of the property that is the subject of the Lease, consistent with all terms and conditions of the Lease. 5. The Mayor and City Administrator, staff and City Attorney are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution. Adopted this 8th day of August, 2016. ____________________________________ Joe Flaherty, Mayor (ATTEST) ____________________________________ James Ericson, City Administrator (SEAL) Item No: 7K Meeting Date: August 8, 2016 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Don Peterson, Public Works Supervisor Item Title/Subject: Resolution 8618 Approving the Purchase of a 2017 Ford F250 Pickup Truck for the Sewer Department Background/Discussion: As part of the Public Works Department’s maintenance program, service trucks are purchased for the specific division that are used to help perform the needed maintenance and inspections required for infrastructure operation and maintenance. The Public Works Department has a number of pickup and service trucks used for a variety of uses. Truck #834 a 2001 Ford 250 is assigned to the Sanitary Sewer department and has been used as the primary service truck. Over the life of the truck repairs have been minimal. This truck does see heavy use during the summer months, for this truck is used to assist in removing the manhole covers off the sanitary sewer system in order to clean the lines. Another unit in the fleet truck #122 a 1988 Chevrolet 3500 has a jib crane on the bed of the truck and is used for both removing the pumps out of the lift stations and removing catch basins that have fallen into the storm sewer structures. (This truck has surpassed the vehicle replacement plan.) Item 07K August 8, 2016, City Council Meeting Page 2 Discussion: Staff has received a competitive quote off the State of Minnesota Cooperative Purchasing Venture from Midway Ford for a 2017 F250 super cab for a cost of $29,585.20. The vehicle will also require warning lights, dual side work boxes, a front magnet for lifting manhole covers and jib crane. A quote off the State CPV program for the work boxes and warning lights, and front magnet were received from Crysteel of Fridley for $11,717.97 and as well as $15,519.00 for the Jib Crane cost. The current 5 Year plan shows truck #834 being replaced in 2016 for $60,000.00 from 460-4470-7040 Vehicle and Equipment Fund. The cost for the above vehicle and options will be $56,822.17 and applicable license fees. Staff has reviewed many options for replacing the sanitary sewer service truck and are proposing the following; 1) Purchase a new service truck and place the magnet, tool boxes and warning lights on this truck. This would be the primary service truck for the sewer department at cost of $41,303.17 plus license fees. 2) Mount a new jib crane on the old service truck #834. This truck would be used to service the lift stations and help in recovering catch basins when they have fallen into structures, it can also be used for picking up hydrants off the ground for replacement. The cost of the Jib Crane including the installation on #834 is $15,519.00. 3) Sell unit #122 with the old Jib Crane. Value $1,200 (estimated). By placing the Jib Crane on the old service truck, Staff feels this will help in safety by not creating blind spots for the vehicle that requires numerous maneuvers throughout the day while assisting in the cleaning of the sanitary and storm sewer systems. When the new truck is up for replacement it would then be rotated and have the service body with the crane placed on it, and the new truck would be used for the day to day operations. The adopted 2016 Budget includes this replacement funded in 460-4470-7040 in the amount of $60,000.00. The total cost of the new truck with options and the Jib Crane installed on the old service truck #834 will amount to $56,822.17, not including license fees, and is under the budgeted amount. Recommendation: Staff recommends the approval for the purchase of a 2017 F250 super cab pickup truck from the State of Minnesota Cooperative Purchasing Venture contract (Midway Ford) and in addition, the installation of the warning light package, two side tool boxes and front magnet and the mounting of the Jib Crane on #834 for a cost of $56,822.17 plus any applicable license fees from Crysteel Truck and Equipment account 460-4470- Item 07K August 8, 2016, City Council Meeting Page 3 7040. Staff also recommends a 5% contingency for any unforeseen expenses related to the purchase of this vehicle of $2,841.11. Staff further recommends that unit #122 be sold at auction and use the proceeds to offset the cost of the new service truck. Respectfully submitted, Don Peterson Public Works Supervisor RESOLUTION 8618 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE PURCHASE OF A 2017 FORD F250 PICKUP TRUCK FOR THE SEWER DEPARTMENT WHEREAS, as part of the Public Works Departments maintenance programs, vehicles are a necessity; and, WHEREAS, the Sanitary Sewer Department has been utilizing the 2001 Ford pickup which has been the primary service truck for the sewer department; and, WHEREAS, the City has $60,000.00 in the 2016 budget in 460-4470-7040, and the 5 year Financial Plan 2016 through 2020, to replace the current vehicle; and, WHEREAS, Staff has obtained a quote from Midway Ford under the State of Minnesota Cooperative Purchasing Venture for a 2017 Ford F250 Pickup in the amount of $29,585.20 plus any applicable license fees; and, WHEREAS, additionally the vehicle will require a warning light system, 2 side tool boxes and a front magnet to be purchased and installed at the cost of $11,717.97 by Crysteel Truck Equipment of Fridley also from the CPV program; and, WHEREAS, additionally a Jib Crane (Liftmoore 2700AR) will be purchased and installed on old service truck unit #834 by Crysteel Truck Equipment also from the CPV program at a cost of $15,549.00; and, WHEREAS, unit #122 has exceeded the replacement life and will be sold at auction and use the proceeds to offset the cost of the new pick-up. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The City hereby authorizes the purchase of a 2017 Ford 2350 Pickup Truck from Midway Ford at the cost of $29,585.20, and any applicable license fees. 2. The City hereby authorizes the purchase of a warning light system, front magnet and two side tool boxes at a cost of $11,717.97 from Crysteel Truck and Equipment. 3. The City hereby authorizes the purchase of a Liftmoore 2700 AR 8 Jib Crane to be installed on unit #834 at a cost of $15,519.00. 4. The City Council also approves a 5% contingent of $2,841.11 for any unforeseen expenses related to the purchase of this vehicle for a total cost of $59,663.28. Resolution 8618 Page 2 5. The City Council also hereby approves that vehicle #122, a 1988 Chevrolet 3500 will be sold at auction to help offset the cost of the new truck. Adopted this 8th day of August, 2016 ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No:8G Meeting Date: August 8, 2016 Type of Business: CA Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Don Peterson, Public Works Supervisor Item Title/Subject: Resolution 8616 Authorization to Sell Surplus Equipment Background/Discussion: The Public Works Staff completed an inventory and cleaning of the Public Works garage in preparation of building the new Public Works Facility. Staff has determined that the following equipment is surplus, and no longer in use or parts for the equipment are not readily available for repairs, and may have some value considered by placing the items on auction. List of equipment: 1) Gorman/Rupp Pump 2) Homelite Diaphragm Pump 3) Chicago Pneumatic Jack Hammer 4) Partner cut off saw 5) Ingersoll-rand air compressor 6) John Deer Push mower 7) Ice shaving machine 8) Olathe Seed and thatcher 9) Rhino post pounder 10) Toro snow pup 11) Miscellaneous work lights 12) 4 Ford Super Duty tail gates 13) 5 Ford Super Duty rear bumpers 14) Ford Super Duty receiver hitch 15) Homelite blower 16) Baldor Industrial 3 phase motor 17) Miscellaneous extension cords on reels 18) Floor Jack 19) Nordic trac eliptical 20) Inside play area equipment from the Community Center 21) Street sign trailer – (no signs) 22) Miscellaneous small engine equipment, chain saw, weed whip, backpack blower, pole chain saw, and power broom. Recommendation: Staff is recommending that Council approve the list of equipment as surplus and sell at auction. Respectfully submitted, Don Peterson Public Works Supervisor RESOLUTION 8616 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZATION TO SELL SURPLUS EQUIPMENT WHEREAS, the Public Work Staff completed an inventory and cleaning of the Public Works garage in preparation of building a new public Works building, and; WHEREAS, Staff has determined that the following equipment is surplus, no longer in use or parts for the equipment are not readily available for repairs, and; WHEREAS, Public Works Staff is recommending the Council approve this list of equipment be considered as surplus and sold at auction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota approves the following items as surplus equipment and sold at auction: 1) Gorman/Rupp Pump 2) Homelite Diaphragm Pump 3) Chicago Pneumatic Jack Hammer 4) Partner cut off saw 5) Ingersoll-rand air compressor 6) John Deer Push mower 7) Ice shaving machine 8) Olathe Seed and thatcher 9) Rhino post pounder 10) Toro snow pup 11) Miscellaneous work lights 12) 4 Ford Super Duty tail gates 13) 5 Ford Super Duty rear bumpers 14) Ford Super Duty receiver hitch 15) Homelite blower 16) Baldor Industrial 3 phase motor 17) Miscellaneous extension cords on reels 18) Floor Jack 19) Nordic trac eliptical 20) Inside play area equipment from the Community Center 21) Street sign trailer – (no signs) 22) Miscellaneous small engine equipment, chain saw, weed whip, backpack blower, pole chain saw, and power broom. Adopted this day 8th day of August, 2016 ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson SEAL: PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 July 25, 2016 6 Mounds View City Hall 7 2401 County Road 10, Mounds View, MN 55112 8 7:01 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, July 25, 2016, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, July 25, 2016, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 Greg Gunn, 5090 Irondale Road, stated he received a citation for the flowers and trash on his 30 property. He explained he was making efforts to clean his property. He described the work that 31 has been done on the site recently and stated he would be contesting the citation. He described 32 his work schedule and stated it was difficult for him to complete work during the day. 33 34 Mayor Flaherty questioned when Mr. Gunn would be available to meet with City staff at his 35 home. City Administrator Ericson stated he would work to coordinate a time to meet with Mr. 36 Gunn to resolve this issue. 37 38 Mr. Gunn stated he has spoken to his neighbors and has not heard any complaints. Mayor 39 Flaherty encouraged Mr. Gunn to speak with City staff in order to properly resolve this situation. 40 41 6. SPECIAL ORDER OF BUSINESS 42 43 None. 44 45 Mounds View City Council July 25, 2016 Regular Meeting Page 2 7. COUNCIL BUSINESS 1 A. 7:00 p.m. Public Hearing, Resolution 8611, Municipal Consent for MnDOT 2 I-35W North Project. 3 4 Public Works Supervisor Don Peterson discussed the improvements planned for I-35W in detail 5 with the Council. He reported MnDOT was aunable to attend tonight’s meeting due to a 6 scheduling conflict and that they requested the hearing be continued. For this reason, staff 7 recommended the Council open the Public Hearing and continue action to Monday, August 22nd. 8 9 Mayor Flaherty opened the public hearing at 7:17 p.m. 10 11 Council Member Mueller understood the proposed I-35W project would begin in 2017 and be 12 completed in 2023. Public Works Supervisor reviewed a map of the project area and commented 13 on the project timeline. 14 15 Council Member Gunn indicated MnDOT was still seeking funding for this project from the 16 Department of Transportation. She noted the project was shovel ready once all funding was 17 secured. She explained further discussions would be held between the City and MnDOT 18 regarding the sound walls. 19 20 MOTION/SECOND: Gunn/Meehlhause. To Continue the Public Hearing for Municipal 21 Consent for the MnDOT I-35W North Project to Monday, August 22, 2016. 22 23 Mayor Flaherty reviewed the tentative project timeline in further detail with the Council. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 Resident Greg Gunn asked if the proposed project would mimic the work completed on 35E. 28 29 Council Member Gunn explained this project would mimic the work completed on I-35W south 30 of Minneapolis. She indicated that all bridges that have been recently replaced were sized 31 properly to fit the expanded roadway. She stated this project would be disruptive of traffic for 32 the coming four or five years. 33 34 B. Resolution 8607, Approve Contract with WSB & Associates, Inc. to Provide 35 Geotechnical Services Related to the Public Works Facility. 36 37 Public Works Supervisor Peterson requested the Council approve a contract with WSB & 38 Associates to provide geotechnical services for the Public Works Facility. He explained this 39 work was needed to explore the soil for the new building. He discussed the bids that were 40 received in detail and recommended the WSB bid be approved with a 2% contingency. 41 42 Council Member Mueller asked if the contract included a specific start and end date. Public 43 Works Supervisor Peterson reported the contract was completed by Ortel and their staff. It was 44 his understanding the work would be completed by year end. 45 Mounds View City Council July 25, 2016 Regular Meeting Page 3 1 Council Member Mueller inquired if the City would be responsible for prepping a 10’ x 10’ x 3’ 2 area. Public Works Supervisor Peterson stated staff would be removing pavement within the 3 parking lot for the testing area. 4 5 Mayor Flaherty questioned if the contract was between Ortel and WSB. Public Works 6 Supervisor Peterson commented it was his understanding the contract would be between the City 7 and WSB & Associates. 8 9 MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8607, 10 Approve Contract with WSB & Associates, Inc. to Provide Geotechnical Services Related to the 11 Public Works Facility. 12 13 Ayes – 5 Nays – 0 Motion carried. 14 15 C. First Reading and Introduction of Ordinance 922, an Ordinance Amending 16 Chapter 105 of the City Code to Increase Mayor and Council Member 17 Annual Compensation. 18 19 City Administrator Ericson stated this item has been discussed several times by the City Council, 20 along with the fact that the Council has not received a raise in the past 13 years. He reported an 21 Ordinance amendment was needed in order to increase the Mayor and Council Member 22 compensation. He described how the Council had reviewed the salaries of neighboring 23 communities and noted there was a pay gap. Staff supported the proposed pay increase given the 24 increasing duties of the Council Members and Mayor. It was noted the Ordinance would become 25 effective January 1, 2017. 26 27 Mayor Flaherty asked if a public hearing would be held during the Second Reading of the 28 Ordinance. City Administrator Ericson indicated a public hearing was not required, but public 29 comment could be taken at this time or at the second reading, if the Council desired. 30 31 Council Member Mueller questioned how many Social Security increases have been approved in 32 the past 13 years. City Administrator Ericson was uncertain of this information, but anticipated 33 there had been a few increases. 34 35 MOTION/SECOND: Gunn/Mueller. To Waive the First Reading and Introduce Ordinance 922, 36 an Ordinance Amending Chapter 105 of the City Code to Increase Mayor and Council Member 37 Annual Compensation. 38 39 Ayes – 4 Nays – 1 (Hull) Motion carried. 40 41 8. CONSENT AGENDA 42 A. Resolution 8612, Authorizing the Purchase of Security Cameras for City Hall 43 and the Community Center. 44 45 Mounds View City Council July 25, 2016 Regular Meeting Page 4 Mayor Flaherty questioned if the City would be posting signage stating City Hall had security 1 cameras in use. City Administrator Ericson did not anticipate the City would be posting such 2 signage. 3 4 Council Member Mueller thanked Bethlehem Baptist for their donation of $2,000 towards the 5 installation of cameras at City Hall. 6 7 MOTION/SECOND: Mueller/Meehlhause. To Approve the Consent Agenda as presented. 8 9 Ayes – 5 Nays – 0 Motion carried. 10 11 9. JUST AND CORRECT CLAIMS 12 13 City Administrator Ericson answered the Council's questions related to claims. 14 15 MOTION/SECOND: Meehlhause/Gunn. To Approve the Just and Correct Claims as presented. 16 17 Ayes – 5 Nays – 0 Motion carried. 18 19 10. APPROVAL OF MINUTES 20 A. July 11, 2016, City Council Meeting Minutes. 21 22 Council Member Mueller requested a correction on Page 3, Line 22 stating the wording should 23 read “after the inspection process”. 24 25 Council Member Mueller requested a correction on Page 7, Line 7 noting her comment should 26 read “she thanked Vanessa VanAlstine for her great work with the City’s cable programming and 27 a recent Festival in the Park Promotional for the August 20th event”. 28 29 MOTION/SECOND: Mueller/Hull. To Approve the July 11, 2016, City Council meeting 30 minutes as corrected. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 11. REPORTS 35 A. Reports of Mayor and Council. 36 37 Council Member Gunn discussed the storm that passed through the City last Thursday. She 38 thanked the Police and Fire Departments for their great work in the community during the storm. 39 40 Mayor Flaherty agreed and thanked both the police and fire departments for their excellent 41 response times. He believed Mounds View was very fortunate to be surrounded by such 42 dedicated first responders. 43 44 Mounds View City Council July 25, 2016 Regular Meeting Page 5 Council Member Mueller encouraged the public to take in the Mounds View Community 1 Theatre’s presentation of The Drowsy Chaperone on July 27, 28, 29, 30 or July 31 at the Irondale 2 Fine Arts Theater. 3 4 Council Member Mueller discussed the plans being made for Festival in the Park scheduled for 5 Saturday, August 20th. She stated volunteers were still needed and those interested were 6 encouraged to attend the next planning meeting which would be held on Tuesday, July 26th at 7 7:00 p.m. at City Hall. She thanked Boy Scout Troop #267 for stepping up to assist with the car 8 show. 9 10 Council Member Mueller encouraged the public to participate in National Night Out on Tuesday, 11 August 2nd and to get all block parties registered with the Mounds View Police Department. She 12 stated this was a great way for residents to keep in touch with their neighbors. 13 14 Council Member Mueller stated on Thursday, July 26th she would be attending the Ramsey 15 County League of Local Government Board meeting. The group would be touring a green public 16 works facility. 17 18 Mayor Flaherty encouraged the City Council to participate in National Night Out and to visit as 19 many block parties as possible. 20 21 Council Member Meehlhause commented he would be attending an NYFS board meeting on 22 Thursday, July 26th. This would be his first meeting as the Chair of the group. 23 24 B. Reports of Staff. 25 26 Public Works Supervisor Peterson reported a punch list had been created for Area H with the 27 contractor and engineer. He noted the contractor would be completing this work shortly. He 28 discussed the dewatering efforts that occurred throughout Area H stating this made the project 29 more complex. 30 31 Public Works Supervisor Peterson reviewed the phasing and work that has been completed 32 within Area I. 33 34 Council Member Meehlhause indicated he received a compliment from a family within Area I 35 regarding the great work being completed by the Bolton & Menk Project Manager. 36 37 Public Works Supervisor Peterson reported work had begun on trail segments #6 and #11. It was 38 noted the electrician would be setting light poles shortly. 39 40 Public Works Supervisor Peterson provided an update on the County Road H/Highway 10 41 project. 42 43 Mounds View City Council July 25, 2016 Regular Meeting Page 6 City Administrator Ericson reviewed information from Ramsey County regarding a celebration 1 that would be held for TCAAP on Wednesday, August 10th at 1:00 p.m. He encouraged the 2 Council to RSVP to him if they would be attending the event. 3 4 City Administrator Ericson stated the APWA Conference would be held in Minneapolis this 5 year. He asked if one Council Member would be interested in attending this conference from 6 August 28th through August 31st. 7 8 Council Member Gunn indicated she would be available to attend two days of the conference. 9 10 C. Reports of City Attorney. 11 12 City Attorney Bigstaff reviewed a list of recently closed and pending matters for the City. 13 Further discussion ensued regarding the Festival in the Park contract. 14 15 12. Next Council Work Session: Monday, August 1, 2016, at 7:00 p.m. 16 Next Council Meeting: Monday, August 8, 2016, at 7:00 p.m. 17 18 13. ADJOURNMENT 19 20 The meeting was adjourned at 8:13 p.m. 21 22 Transcribed by: 23 24 Heidi Guenther 25 TimeSaver Off Site Secretarial, Inc. 26 Item No: 11B(2) Meeting Date: August 8, 2016 Type of Business: Reports Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Update on Keshav Enterprises, Inc., Located at 2408 County Road I– Off-Sale Intoxicating Liquor License On May 23, 2016, the City Council approved an Off-Sale Intoxicating Liquor License Keshav Enterprises, Inc., to operate a liquor store located at 2408 County Road I (former SNAP Market). On August 2, 2016, Staff was notified that deal fell apart and request their application for an Off-Sale Intoxicating Liquor License canceled. Therefore, Keshav Enterprises, Inc. will no longer have an active off-sale intoxicating liquor license with the City. Respectfully submitted, ______________________ Desaree Crane