HomeMy WebLinkAboutAgenda Packets - 2016/08/22CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, August 22, 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. Oath of Office – Police Chief Nathaniel Harder
7. COUNCIL BUSINESS
A. 7:00 p.m., Continued Public Hearing, Resolution 8611, Municipal Consent for
MnDOT I35W North Project
B. 7:00 p.m. Public Hearing to Consider Adoption of Ordinance 923 Continuing a
Franchise Fee on Excel Energy Electric and Natural Gas Operations
C. 7:00 p.m. Public Hearing to Consider Adoption of Ordinance 924 Continuing a
Franchise Fee on CenterPoint Energy Natural Gas Operations
D. 7:00 p.m. Public Hearing
1. Second Reading and Adoption of Ordinance 926, an Ordinance amending Title
1100 of the Mounds View City Code, Chapters 1102, 1113, 1114, and 1116
relating to Microbreweries, Microdistilleries, Taprooms, and Cocktail Rooms
2. Second Reading and Adoption 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. 7:00 p.m. Public Hearing, Second Reading and 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. 7:00pm Public Hearing: Resolution 8620, to Consider a Chicken Keeping License
for Andre and Patricia Koen Located at 7951 Greenwood Drive
G. Resolution 8617, Authorizing the Sending of a Notice of Termination of Lease to
Creative Kids Academy - Mounds View, Inc.
H. Resolution 8621, Approving Severance for Craig Swalchick, Housing/Code
Enforcement Inspector
I. Resolution 8619, Approving the Purchase of Two School Zone Radar Signs
City Council Agenda
Monday, August 22, 2016
Page 2
8. CONSENT AGENDA - None
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. August 8, 2016, City Council Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Public Works Department Quarterly Report
C. Reports of City Attorney
12. Next Council Work Session: TUESDAY, September 6, 2016, at 7 p.m.
Next Council Meeting: Monday, September 12, 2016, at 7 p.m.
13. ADJOURNMENT
MOUNDS VIEW
POLICE CHIEF
Oath of Office
I, Nathaniel Harder, do solemnly swear, to support the Constitution
of the United States, and of this state, and to discharge faithfully
the duties of the office of Chief of Police within and for the City of
Mounds View, in the County of Ramsey, and State of Minnesota,
according to the best of my judgment and ability.
Adopted this 22nd day of August, 2016.
_____________________________
Nathaniel Harder, Chief of Police
ATTEST:
_____________________________
Joe Flaherty, Mayor
(seal)
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
A public hearing is scheduled for Monday, July 25, 2016 at 7:00 p.m., to consider
municipal consent for the Minnesota Department of Transportation (MnDOT) I-
35W North Project. MnDOT is requesting consent from the City of Mounds View
regarding the layout and construction of said improvement. If you wish to voice
your concerns, please attend this public hearing or contact Public Works
Director/City Engineer Brian Erickson. This hearing will be located at Mounds
View City Hall Council Chambers located at 2401 County Road 10 in Mounds
View. For further information, please contact Public Works Director/City
Engineer Brian Erickson at 763-717-4051.
Brian Erickson, P.E.
City of Mounds View
Public Works Director/City Engineer
(763) 717-4051
Email: brian.erickson@ci.mounds-view.mn.us
Item No: 7A
Meeting Date: August 22, 2016
Type of Business: Council Business
Administrator Review: ____
City of Mounds View Staff Report To: Honorable Mayor and City Council
From: Brian L. Erickson, Public Works Director/City Engineer
Item Title/Subject: Resolution 8611, Municipal Consent for MnDOT I35W North Project
Background:
This Public Hearing was continued at the July 25, 2016 City Council meeting in order for
Minnesota Department of Transportation (MnDOT) staff to attend.
MnDOT is currently designing improvements for I-35W between Trunk Highway 36 (Roseville)
and Sunset Avenue (Lino Lakes), see attachment 1. The proposed improvements would include
adding a managed (MnPASS) lane in each direction to improve capacity and reduce congestion.
The project would potentially include modification or replacement of existing I-35W pavement and
bridges as well as the installation of noise walls at various locations along the corridor. Although
the project is not fully funded at this time MnDOT is moving forward with the final design and
environmental impact assessments so that the project can be implemented as funding becomes
available.
MN Statute 161.16 requires Municipal Consent for MnDOT improvements of this type. The
process begins with a Public Hearing concerning the final layout. Following the Hearing the City
Council has an additional 90 days to consider the final layout for approval. Should the Council
not act in that timeframe the layout is deemed as approved (per MN Statute 161.164).
Discussion:
The Notice of Public Hearing (attachment 2) was published in the Sun Focus on June 24, 2016.
This notice is a required part of the Municipal Consent process. Since the publication of this
notice MnDOT staff discovered a scheduling conflict and requested that the City reschedule the
Municipal Consent Public Hearing to a mutually agreeable date (attachment 3). The MnDOT staff
will be in attendance at the August 22, 2016 Council meeting to discuss the project with the
Council and public at that time.
As part of this project MnDOT is anticipating the potential for reconstructing or adding noise walls
along I35W and US Highway 10. MnDOT, City staff, and property owner representatives
reviewed the location of the sound wall along US Highway 10 to establish possible right of way
obstructions in Colonial Village. During that walk through there were some minor obstructions,
but they can be corrected without significant effort.
Recommendation:
Staff recommends that the City Council continue the Public Hearing for Municipal Consent so that
MnDOT staff can be present to address questions of the public and City Council.
Respectfully submitted,
Brian L. Erickson, P.E. – Public Works Director/City Engineer
RESOLUTION 8611
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
MUNICIPAL CONSENT FOR MNDOT I35W NORTH PROJECT
WHEREAS, the Minnesota Department of Transportation is proposing to undertake an
improvement of I35W North; and,
WHEREAS, the Commissioner of Transportation has prepared Layout No. 1A for State
Project S.P. 6284-172 on Trunk Highway 35W from County Road B2 in Roseville to 0.1 mile north
of Sunset Avenue in Lino Lakes and US 10 from north junction I35W to 0.7 mile east County
State Aid Highway J to construct MnPASS lanes from County Road C to Lexington Avenue,
concrete overlay from County Road C to County Road 53, miscellaneous pavement reconstruct
and bituminous mill and overlay, rehabilitate 16 bridges and replace 5 bridges, add auxiliary lanes
at multiple locations and seeks the approval thereof, as described in MN Statutes 161.162
161.167; and
WHEREAS, said layout is on file in the Metro District, Minnesota Department of
Transportation being marked as Layout 1A, S.P. 6284-172; and,
WHEREAS, the City of Mounds View held a Public Hearing on July 25, 2016, which was
then continued until August 22, 2016, on the final layout.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View,
Ramsey County, Minnesota that the City of Mounds View approves the final layout of the I35W
North Project.
Adopted this 22nd day of August 2016.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(SEAL)
Item No: 7.B.
Meeting Date: August 22, 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: Public Hearing, Second Reading, and Adoption 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 a public hearing, second reading, and consideration
for adoption. The Introduction and first reading occurred at the August 8, 2016 Council
meeting.
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. This is a roll call vote. Upon adoption it will 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.
Read and passed by the City Council of the City of Mounds View this 22nd day of August,
2016.
Publication Date: September 2, 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.C.
Meeting Date: August 22, 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: Public Hearing, Second Reading, and Adoption 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 a public hearing, second reading, and consideration
for adoption. The Introduction and first reading occurred at the August 8, 2016 Council
meeting.
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 that requires 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. Upon
adoption it will 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. This is a roll call vote.
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.
Read and passed by the City Council of the City of Mounds View this 22nd day of August,
2016.
Publication Date: September 2, 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
MN Dept of Public Safety Alcohol Gambling Enforcement Division Year first licensed as of 1/4/2016
Page 1 of 10
Licensee DBA City Brewer Off SaleBrew PubBrew Pub Off SaleFarm WineryFarm Winery DistilleryLiquor 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 SaleTaproom On Sale SundayWine ManufacturerBROFSLBRPBRPOFSLFWNFWNDSTLQRMFRMCBMDLMDLSMNBSMNBTRONSLTRONSSWWNMFR10K Brewing Anoka 2015 2015 2015
2 Rivers Brewery Lanesboro 2014 2014
21st Amendment Brewery Cold Spring 2012
56 Brewing Minneapolis 2015 2015
612 Brew Minneapolis 2013 2013 2013
Able Seedhouse & Brewery Minneapolis 2015 2015 2015
Alexis Bailly Vineyard Hastings 2003
Aspelund Winery Kenyon 2015
August Schell Brewing Co.New Ulm ?2012
Bad Habit Brewing St. Joseph 2015 2015 2015
Bad Weather Brewing Company Minnetonka 2013
Bad Weather Brewing Company St. Paul 2015 2015 2015
Badger Hill Shakopee 2014 2014 2014
Bang Brewing Company St. Paul 2013 2013 2013
Bank Beer Co.Cold Spring 2013
Bank Beer Co.Hendricks 2014 2014 2014
Barley John's Brewpub New Brighton ?2003
Bauhaus Brew Labs Minneapolis 2014 2014 2014
Beaver Island Brewing Company St. Cloud 2015 2015 2015
Bemidji Brewing Bemidji 2013 2012 2013
MN Dept of Public Safety Alcohol Gambling Enforcement Division Year first licensed as of 1/4/2016
Page 2 of 10
Licensee DBA City Brewer Off SaleBrew PubBrew Pub Off SaleFarm WineryFarm Winery DistilleryLiquor 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 SaleTaproom On Sale SundayWine ManufacturerBent Brewstillery Roseville 2014 2013 2014 2014
Bent Paddle Brewing Duluth 2013 2013 2013
Big Axe Brewing Nisswa 2015 2015 2015
Big Wood Brewery Cold Spring 2013
Big Wood Brewery White Bear Lake 2013 2010 2013
Birch's on the Lake Long Lake 2015 2015
Blackhoof Estatae Winery Barnum 2014
Blacklist Artisan Ales Duluth 2014
Boathouse Brewery Ely 2008 2009
Boom Island Brewing Minneapolis 2012 2011 2014
Borealis Fermentery Two Harbors 2012
Brau Brothers Brewing Marshall 2013 2006 2013
Buffalo Rock Winery Buffalo 2010
Burning Brothers Brewing St. Paul 2014 2013
Burr Vineyards Brandon 2012
Canal Park Brewing Company Dulth 2012 2012
Cannon River Winery Cannon Falls 2004
Carlos Creek Winery Alexandria 2008
Carmody Irish Pub Duluth 2009 2009
Castle Danger Brewing Two Harbors 2014 2014 201
Chankaska Creek Ranch & Winery Kasota 2011 2015
Cold Spring Brewing Company Cold Spring 2007
Crofut Family Winery & Vineyard Jordan 2007
Crow River Winery Hutchinson 2010
MN Dept of Public Safety Alcohol Gambling Enforcement Division Year first licensed as of 1/4/2016
Page 3 of 10
Licensee DBA City Brewer Off SaleBrew PubBrew Pub Off SaleFarm WineryFarm Winery DistilleryLiquor 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 SaleTaproom On Sale SundayWine ManufacturerCrystal Creek Farms Hillman 2008
Dangerous Man Brewing Minneapolis 2013 2012 2013
Day Block Minneapolis 2013 2014
DeCorsa Vineyard & Farm Winery Isle 2012
Disgruntled Brewing Perham 2015
Doppeleichen Vineyards Delano 2010
Dragon Willow Winery Long Prairie 2015
Du Nord Craft Spirits Minneapolis 2014
Dubh Linn Pub Duluth 2011
Eagleview Winery Ashby 2015
Eastlake Minneapolis 2014 2014 2014
Eglon Spirits Lake Park 2005
ENKI Brewing Company Victoria 2013 2013 2013
Excelsior Brewing Company Excelsior 2012 2012
Fair State Brewing Cooperative Minneapolis 2014 2014 2014
Falconer Vineyards Red Wing 2003
Far North Spirits Hallock 2013
Fitger's Brewhouse Duluth ?2003
Flat Earth Brewing Company St. Paul 2011 2011 2014
Flower Valley Vineyard Red Wing 2011
Forager Brewery Rochester 2015 2015
Forestedge Winery Laporte 2003
Four Daughters Vineyard and Winery Spring Valley 2011
Foxhole Brewhouse Wilmer 2015 2015 2015
MN Dept of Public Safety Alcohol Gambling Enforcement Division Year first licensed as of 1/4/2016
Page 4 of 10
Licensee DBA City Brewer Off SaleBrew PubBrew Pub Off SaleFarm WineryFarm Winery DistilleryLiquor 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 SaleTaproom On Sale SundayWine ManufacturerF-Town Brewing Company Faribault 2015 2015 2015
Fulton Beer Minneapolis 2011 2011 2012
Garvin Heights Vineyards Winona 2007
Gentleman Scholar Minneapolis 2015
Glacial Grain Spirits Benson ?
Glacial Ridge Winery Spicer 2007
Goat Ridge Brewing Company New London 2015 2015 2015
Goose Lake Farm & Winery Elk River 2004
Grand Rounds Brew Pub Rochester 2015
Grand view Valley Winery Belview 2011
Granite City Food & Brewery Egan 2008 2009
Granite City Food & Brewery Maple Grove 2009 ?
Granite City Food & Brewery Roseville 2008 2006
Granite City Food & Brewery St. Cloud 2004 ?
Granite City Food & Brewery St. Louis Park 2009 2009
Grape Mill East Grand Forks 2015
Great Waters Brewing St. Paul 2003 2004
Gull Dam Brewing Nisswa 2014 2014 2014
Gun Flint Tavern Grand Marais 2014 2015
Hammerheart Brewing Company Lino Lakes ?2013 ?
Harbo Cider Lake Crystal 2008
Harriet Brewing Minneapolis 2011 2010 2012
Hawk Meadow Winery Hastings 2014
Hayes' Public House Buffalo 2013 2013 2013
MN Dept of Public Safety Alcohol Gambling Enforcement Division Year first licensed as of 1/4/2016
Page 5 of 10
Licensee DBA City Brewer Off SaleBrew PubBrew Pub Off SaleFarm WineryFarm Winery DistilleryLiquor 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 SaleTaproom On Sale SundayWine ManufacturerHeaven's Gate Orchard & Winery Belview 2015
Herkimer Pub & Brewery Minneapolis ?
Hiden View Winery Cloquet 2010
Hinterland Vineyards Clara City 2008
Indeed Brewing Company Minneapolis 2012 2012 2012
Indian Island Winery Janesville 2009
Insight Brewing Company Minneapolis 2014 2014 2014
Isanti Spirits Isanti 2015
J. Bird Wines Sanchfield 2003
J. Carver Distillery Waconia 2014
Jack Pine Brewery Baxter 2012 2012 2012
James Perry Vineyards Rush City 2012
Javens Family Vineyards & Winery Mankato 2014
Junkyard Brewing Moorhead 2014 2014 2014
Keepsake Cidery Dundas 2015
Kinney Creek Brewery Rochester 2012 2012 2012
Lake Monster Brewing Company St. Paul 2015 2015 2015
Lake Pepin Winery Lake City 2014
Lake Superior Brewing Duluth ?2003 2012
Lakes & Legends Brewing Company Minneapolis 2015 2015 2015
Lakeside Tavern Detroit Lakes 2016 2015
Lawless Distilling Company Minneapolis 2015
Lazy Loon Brewing Company Chaska 2014
Lieidel's Cider La Crescent 2013
MN Dept of Public Safety Alcohol Gambling Enforcement Division Year first licensed as of 1/4/2016
Page 6 of 10
Licensee DBA City Brewer Off SaleBrew PubBrew Pub Off SaleFarm WineryFarm Winery DistilleryLiquor 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 SaleTaproom On Sale SundayWine ManufacturerLift Bridge Beer Company Stillwater 2011 2010 2011
Lift Bridge Brewery Cold Spring 2012
Loon Liquors Northfield 2014
Loose Wiles Freehouse Minneapolis 2013 2013
Lost Falls Distillery Minneapolis 2015
LTD Brewing Co.Hopkins 2014 2014 2014
LTS Brewing Company Rochester 2015 2015 2015
Lucid Brewing Minnetonka 2013 2011 2014
Lucky 6 Brewing Rochester 2015
Lupine Brewing Company Delano 2015 2015 2015
Lupulin Brewing Company Big Lake 2015 2015 2015
Lupulin Brewing Company St. Cloud 2014
LynLake Brewery Minneapolis 2014 2014 2015
Mankato Brewery North Mankato ?2011 2012
Mantorville Brewing Mantorville ?
Maple Island Brewing Stillwater 2014 2014 2014
Mason Dixon Spirits Winsted 2014
Mike's Hard Lemonade Co Cold Spring 2015
Milk and Honey Cold Spring 2014
Millers and Saints Distillery St. Louis Park 2014
Millner Heritage Vineyard & Winery Kimball 2008
Minneapolis Town Hall Brewery Minneapolis 2003 2003
Minnestalgia Winery McGregor 2007
Montgomery Brewing Montgomery 2014 2014 2015
MN Dept of Public Safety Alcohol Gambling Enforcement Division Year first licensed as of 1/4/2016
Page 7 of 10
Licensee DBA City Brewer Off SaleBrew PubBrew Pub Off SaleFarm WineryFarm Winery DistilleryLiquor 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 SaleTaproom On Sale SundayWine ManufacturerMontgomery Orchard Montgomery 2015
Morgan Creek Vineyards New Ulm ?
Moto-i Minneapolis 2008
New World Distilling Minneapolis 2015
No. 12 Cider House Buffalo 2014
Norseman Distillery Minneapolis 2013
North Ridge Winery North Branch 2015
North Shore Winery Lutsen 2015
Northbound Smokehouse & Brewpub Minneapolis 2012 2012
Northern Hollow Winery Grasston 2014
Northern Vineyards Stillwater 2003
Northgate Brewing Minneapolis 2014 2014 2014
Nutmeg Burnsville 2015
Olvalde Farm & Brewing Company Rollingstone 2010
Omni Brewing Maple Grove 2015 2015 2015
Oswald Brewing Blue Earth 2015 2015 2015
Painted Prairie Vineyard Currie 2015
Panther Distillery Osakis 2012
Parley Lake Winery Wconia 2008
Post Town Winery Rochester 2011
PouchTec Industries Foley 2012
Pryes Brewing Company Minnetonka 2014
Rahr & Sons Brewing Cold Spring 2015
Reads Landing Brewing Co Reads Landing 2012 2012
MN Dept of Public Safety Alcohol Gambling Enforcement Division Year first licensed as of 1/4/2016
Page 8 of 10
Licensee DBA City Brewer Off SaleBrew PubBrew Pub Off SaleFarm WineryFarm Winery DistilleryLiquor 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 SaleTaproom On Sale SundayWine ManufacturerRed Wing Brewery Red Wing 2012 2012
Richwood Winery Callaway 2008
River View Winery La Crescent 2010
Rock Bottom Brewery Minneapolis ?2003
Round Lake Vineyards & Winery Round Lake 2014
Salem Glen Vineyard & Winery Rochester 2006
Sapsucker Farms Mora 2014
Scandia Valley Vineyards Cushing 2014
Schram Vineyards Winery & Brewery Waconia 2015 2012 2014
Sherwoods Winery & Distillery Duluth 2013 2013
Sidhe Brewing Company St. Paul 2015 2015 2015
Simpson Ridge Vineyard Rochester 2015
Sisyphus Brewing Minneapolis 2014 2014 2014
Skaalvenn Distillery Brooklyn Park 2015
Sociable Cider Werks Minneapolis 2014 2013 2013
South Fork Brewing Company Delano 2015 2015 2015
Sovereign Estate Wine Waconia 2011
Spilled Grain Brewhouse Annandale 2015 2015 2015
Sponsel's Minnesota Harvest Jordan 2014
St. Croix Vineyards Stillwater 2003
Steel Toe Brewing St. Louis Park 2011 2011 2012
Summit Brewing St. Paul 2003 2011
Surly Brewing Company Brooklyn Center 2005
Surly Brewing Company Minneapolis 2014 2014
MN Dept of Public Safety Alcohol Gambling Enforcement Division Year first licensed as of 1/4/2016
Page 9 of 10
Licensee DBA City Brewer Off SaleBrew PubBrew Pub Off SaleFarm WineryFarm Winery DistilleryLiquor 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 SaleTaproom On Sale SundayWine ManufacturerSweetland Orchard Webster 2012
Take 16 Brewing Co.Luverne 2014 2014 2015
Tattersall Distilling Company Minneapolis 2015
The Castlerock Winery Northfield 2013
The Next Chapter Winery New Prague 2013
The Veteran Beer Company Cold Spring 2015
Third Street Brewhouse Cold Spring 2014 2010 2013 2003 2012
Three Oak Wines Albert Lea 2014
Tin Whiskers Brewing St. Paul 2014 2014 2014
Two Fools Vineyard Plummer 2004
Two Rivers Vineyard & Winery Ramsey 2014
U.S. Distilled Products Princeton ?
u4ic Brewing Belle Plaine 2015 2015
Union Pizza & Brewing Company Fergus Falls 2015 2015
Union Valley Vineyard & Winery Hokah 2013
Urban Forage Minneapolis 2015
Urban Growler Brewing Company St. Paul 2014 2014 2014
Vikre Distillery Duluth 2013
Vine Park Brewing Co.St. Paul 2008 2006
Vinmark Estates Hastings 2015
Voyageur Brewing Company Grand Marais 2015 2015 2015
Wabahsha Brewing Company St. Paul 2015 2015 2015
Waconia Brewing Company Waconia 2014 2014 ?
Wander North Distillery Minneapolis 2014
MN Dept of Public Safety Alcohol Gambling Enforcement Division Year first licensed as of 1/4/2016
Page 10 of 10
Licensee DBA City Brewer Off SaleBrew PubBrew Pub Off SaleFarm WineryFarm Winery DistilleryLiquor 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 SaleTaproom On Sale SundayWine ManufacturerWarehouse Winery St. Louis Park 2009
Wells St. Paul 2014
Wenonah Brewing Co.Goodview 2013 2013 2013
Whispering Oaks Winery Melrose 2010
White Rabbit Vineyards & Winery Andover 2007
Whitewater Wines Plainview 2008
Wicked Wort Brewing Company Robbinsdale 2015 2015
Wild Mountain Winery Taylors Falls 2010
Willow Tree Vineyard & Winery Ham Lake 2010
WineHaven Chisago City 2003
Woodland Hill Winery Delano 2008
Wyndfall Cyder La Crescent 2014
Item No: 7D1
Meeting Date: August 22, 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: Public Hearing, and Second Reading and Adoption of
Ordinance 926, an Ordinance amending Title 1100 of the
Mounds View City Code, Chapters 1102, 1113, 1114, and
1116 relating to Microbreweries, Microdistilleries, Taprooms,
and Cocktail Rooms
Introduction:
A Taproom essentially is a bar which sells beer produced only on-site in a Microbrewery.
Many Taprooms have opened in recent years in the Twin Cities. In order for one to locate
in Mounds View, both the Zoning Ordinance (Title 1100) and the Business Licensing
Ordinance (Title 500) must be amended. This Staff Report addresses the Zoning
amendment.
Discussion:
This topic was discussed by the City Council on August 1st (Work Session) and August 8th
(Introduction & First Reading). The consensus of the Council was to allow Microbreweries
with or without a Taproom, and Microdistilleries with or without a Cocktail Room in
appropriate zoning districts. There was additional discussion about setbacks between
such uses, and schools and churches. These setbacks are addressed in Title 500
(Business License Regulations) and will be discussed in the next Staff Report, Item 7D2.
Changes between First Reading and Second Reading:
Two significant changes were made since the First Reading of Ordinance 926:
1. Definitions for Micro, Regional, and National breweries were removed. The three
categories of breweries have been combined into “Microbreweries” to include any
classification of brewery licensed by the State producing a maximum of 250,000 barrels
per year. If larger, the brewery would not qualify for a Taproom per State law (MN Stat
§340A.26, Subd 2; Prohibition), thus, Staff would interpret the brewery as
“manufacturing”. The manufacturing of alcohol would be a permitted use in the I-1
district, whether as a Microbrewery, Microdistillery, or as the manufacturing of “food
products”.
2. State law does not prohibit Taprooms from operating as a restaurant, thus, there is no
need to regulate Brewpubs separate from Taprooms. “Brewpubs” was removed.
Microbrewery Staff Report
August 22, 2016
Page 2
There was additional discussion as to the appropriateness of such uses within the B-2
district. Business areas within the B-2 district include, but are not limited to:
Silver View Plaza
Cars Bike Shop
ABC Liquor
Western Bank
Vino & Stogies
Snap Market
Cenex
Fedor’s
The proposed ordinance would allow Taprooms and Cocktail Rooms as a Conditional Use
(CUP). The City Council is requested to consider if this is appropriate.
Proposed Permitted & Conditional Uses
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 Microbrewery P *
Microdistillery P *
Taproom (accessory use to a Microbrewery) C P P P *
Cocktail Room (accessory use to a Microdistillery) C P P P *
Liquor, off-sale P P P *
Manufacturing, compounding, processing, packaging or treatment of
cosmetics, pharmaceuticals and food products
P *
Creamery, bottling plant, ice cream manufacture, ice manufacture, cold
storage and/or milk distribution station
C *
Restaurants, cafes, tea rooms, taverns, on-sale and off-sale liquor P P *
Restaurant (max 24 seats & 2,000sf. No drive-thru) P P P *
Restaurant (more than 24 seats or 2,000sf. No drive-thru). C *
Drive-in and convenience food establishments C *
P = Permitted Use
C = Conditional Use (CUP)
* = Permitted, Conditional, and Interim uses are designated through a PUD Narrative for each development.
It should be noted that the proposed ordinance does not address a “Brew On-Premises
Store” (make your own beer on-site). It is Staff’s opinion that if the ordinance does not
cover unanticipated uses, it can be amended at a later date.
Microbrewery Staff Report
August 22, 2016
Page 3
Comparison to other Cities
In general, there are two ways to interpret Taprooms and Cocktail Rooms—either as an
Accessory Use to the manufacturing of alcohol or as a restaurant if a Brewpub; or they are
regulated separately as individual uses.
Many cities queried interpret Taprooms as an accessory use, and are not specifically
regulated in the Zoning Ordinance. Manufacturing is often limited to industrial zones, and
thus may not be allowed in commercial districts.
It is Staff’s opinion that without a Taproom, it’s unlikely a Microbrewery would exist, thus it
would be more appropriate in Mounds View to regulate them as a primary use. Further,
Mounds View has more available properties within our Business districts, versus the
Industrial District.
Some examples of how other cities define and regulate such uses:
Anoka Breweries (Micro, Regional, or National): Permitted Use in Light
Industrial and General Industrial districts.
Brewpubs: Permitted Use in Highway Business, Shopping Center
Business, General Business, North and South Regional Business
districts; Neighborhood Commercial Business; East Main Street
Sub-District; TOD-Employment District; and South Ferry Riverfront
Mixed Use District.
Microbrewery with Taproom: Permitted Use in General Business;
and East Main Street Sub-District. Minimum of 25% of floor area
for Taproom. Must be open minimum of 2 days or 8 hours per
week.
Microdistillery with Tasting/Cocktail Room: Permitted Use in
General Business; East Main Street Sub-District. Minimum of 25%
of floor area for Tasting/Cocktail Room. Must be open minimum of
2 days or 8 hours per week.
Taprooms: Permitted as an Accessory Use in Light Industrial
District.
Fridley Microbreweries, Taprooms, etc. are not addressed in the Zoning
Ordinance. They would be interpreted as an Accessory Use,
allowed in Business and Industrial districts.
Maple Grove Microbreweries, Taprooms, etc. are not addressed in the Zoning
Ordinance. They would be interpreted as an Accessory Use and
permitted in Industrial districts.
New Brighton Brewpub interpreted as an accessory use of a restaurant. A
Taproom/Cocktail Room would be interpreted as manufacturing,
and permitted in Industrial districts.
Microbrewery Staff Report
August 22, 2016
Page 4
Roseville Microbreweries, Taprooms, etc. are not addressed in the Zoning
Code. They would be interpreted as an Accessory or Retail use.
Planning Commission Recommendation:
The Planning Commission discussed this topic on April 15, 2015, and July 6, 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. The intent of the Zoning Ordinance amendment is to treat
Taprooms and Cocktail Rooms similar to restaurants and taverns, and Microbreweries and
Microdistilleries similar to manufacturing.
Recommendation:
Staff recommends that the Council continue its discussion of appropriate uses within the B-
2 District, in addition to conducting a Public Hearing, Second Reading, and approval of
Ordinance 926, considering an amendment to Zoning Code, Chapters 1102, 1113, 1114,
and 1116 relating to Microbreweries, Microdistilleries, Taprooms, and Cocktail Rooms.
Respectfully submitted,
________________________
Jon Sevald, AICP
Planner
Attachments
Ord 926
State licensed alcohol manufactures
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 COCKTAIL ROOMS, MICROBREWERIES,
MICRODISTILLERIES, AND TAPROOMS
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. XX: Cocktail Room: A Microdistillery licensed by the MN Dept. of Public Safety; and is
licensed by the City for on-sale and/or off-sale of distilled liquor produced by the
distiller for consumption on the premises of or adjacent to one distillery location owned
by the distiller. A Cocktail Room may include a restaurant at the Microdistillery.
Subd XX: Microbrewery: A facility operated by a person licensed by the MN Dept. of Public
Safety as a Minnesota Micro Brewer, Small Minnesota Brewer, or Minnesota Brewer
producing not more than 250,000 barrels of malt liquor annually.
Subd XX: Microdistillery: A distillery operated within the state producing premium distilled
spirits in total quantity not to exceed 40,000 proof gallons in a calendar year.
Subd XX: Taproom: A Microbrewery licensed by the MN Dept. of Public Safety; and is licensed
by the City for on-sale and/or off-sale of malt liquor produced by the brewer for
consumption on the premises of or adjacent to one brewery location owned by the
brewer. A Taproom may include a restaurant at the Microbrewery.
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 1113.04 Conditional Uses
Subd 11. Taproom and/or Cocktail Room as an accessory use of a Microbrewery and/or
Microdistillery
Ordinance 926
Page 2
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
Section 1114.02: Permitted Uses
All permitted uses as allowed in a B-2 Limited Business District.
Microbrewery with Taproom
Microdistillery with 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:
Microbrewery and/or Microdistillery, with or without a Taproom or Cocktail Room.
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 Cocktail
Rooms, Micro Breweries, Microdistilleries, and Taprooms 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.
Ordinance 926
Page 3
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
MICROBREWERIES, 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. 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 5. COCKTAIL ROOM: a Microdistillery licensed by the Minnesota
Department of Public Safety; and is licensed by the City for on-sale and/or off-
sale of distilled liquor produced by the distiller for consumption on the premises
of or adjacent to one distillery location owned by the distiller. A Cocktail Room
may include a restaurant at the Microdistillery.
Subd. 5 6. COMMISSIONER: The Commissioner of the Minnesota Department of
Public Safety except as otherwise provided. (Added, Ord. 843, 5-20-10)
Subd. 6 7. 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
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. 8. 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)
Ordinance 925
Page 3
Subd. 8 9. 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 10. 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. 11. 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 12. 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 13. 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 14. 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
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 15. 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)
Ordinance 925
Page 4
Subd. 14 16. 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. 17. MICROBREWERY: a facility operated by a person licensed by the
Minnesota Department of Public Safety as a Minnesota Micro Brewer, Small
Minnesota Brewer or Minnesota Brewer producing not more than 250,000 barrels
of malt liquor annually.
Subd 18. MICRODISTILLERY a distillery operated within the state producing
premium distilled spirits in total qualtity not to exceed 40,000 proof gallons in a
calendar year.
Subd. 15 19. 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. 20. TAP ROOM: a Microbrewery licensed by the Minnesota Department of
Public Safety; and is licensed by the City for on-sale and/or all-sale of malt liquor
produced by the brewer for consumption on the premises of or adjacent to one
brewery location owned by the brewer. A Taproom may include a restaurant at a
Microbrewery.
Subd. 16 21. 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)
Subd. 17 22. 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)
502.03: LICENSE CLASSIFICATIONS:
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 5
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 Brewery 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 in accordance with Minnesota State Statute
§340A.285 may with the approval of the Commissioner of Public Safety be issued
a license by the City of off-sale of malt liquor. Off-sale of liquor shall be limited to
the legal hours for off sale pursuant to §502.12 of the City Code.
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 microdistillery
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
Ordinance 925
Page 6
502.04: ELIGIBILITY FOR LICENSE:
Subd. 2. Places Ineligible for License:
b. No intoxicating liquor or wine license shall be granted for any premises that is within
has a property line five hundred (500) feet of Edgewood or Pinewood schools a
property line of any school or within two hundred (200) feet of any permanently
sited church located in Mounds View, as measured from the front door or outdoor
seating area of the licensed premises and the closest point of the school or
church principal structure. except that the The five hundred (500) or two hundred
(200) foot 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.
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 business 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 §502.03, subd., 11, of the City
Code, a brewer that manufactures less than twenty thousand (20,000) barrels of
Ordinance 925
Page 7
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
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.
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 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 October 2, 2016, 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)
ORDINANCE 925
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 500, CHAPTER 502, TO ADD
MICROBREWERIES, 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. 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 5. COCKTAIL ROOM: a Microdistillery licensed by the Minnesota
Department of Public Safety; and is licensed by the City for on-sale and/or off-
sale of distilled liquor produced by the distiller for consumption on the premises
of or adjacent to one distillery location owned by the distiller. A Cocktail Room
may include a restaurant at the Microdistillery.
Subd. 5 6. COMMISSIONER: The Commissioner of the Minnesota Department of
Public Safety except as otherwise provided. (Added, Ord. 843, 5-20-10)
Subd. 6 7. 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
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. 8. 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)
Ordinance 925
Page 3
Subd. 8 9. 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 10. 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. 11. 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 12. 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 13. 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 14. 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
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 15. 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)
Ordinance 925
Page 4
Subd. 14 16. 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. 17. MICROBREWERY: a facility operated by a person licensed by the
Minnesota Department of Public Safety as a Minnesota Micro Brewer, Small
Minnesota Brewer or Minnesota Brewer producing not more than 250,000 barrels
of malt liquor annually.
Subd 18. MICRODISTILLERY a distillery operated within the state producing
premium distilled spirits in total qualtity not to exceed 40,000 proof gallons in a
calendar year.
Subd. 15 19. 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. 20. TAP ROOM: a Microbrewery licensed by the Minnesota Department of
Public Safety; and is licensed by the City for on-sale and/or all-sale of malt liquor
produced by the brewer for consumption on the premises of or adjacent to one
brewery location owned by the brewer. A Taproom may include a restaurant at a
Microbrewery.
Subd. 16 21. 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)
Subd. 17 22. 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)
502.03: LICENSE CLASSIFICATIONS:
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:
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 Brewery 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.
(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 microdistillery
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. 2. Places Ineligible for License:
b. No intoxicating liquor or wine license shall be granted for any premises that is within
has a property line five hundred (500) feet of Edgewood or Pinewood schools a
property line of any school or within two hundred (200) feet of any permanently
sited church located in Mounds View, as measured from the front door or outdoor
seating area of the licensed premises and the closest point of the school or
church principal structure. except that the The five hundred (500) or two hundred
(200) foot 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.
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 business 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 §502.03, subd., 11, 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
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.
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 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 October 2, 2016, 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: 07D2
Meeting Date: August 22, 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: Public Hearing: Second Reading of Ordinance 925, an
Ordinance Amending Title 500, Chapter 502 to add
Microbreweries, 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. The City Council reviewed the first reading of this
ordinance at the August 8, 2016, City Council Meeting. As stated in Item 07D1 in this City Council
Packet, some significant changes were made related to removing regional and national breweries.
These definitions were also taken out of Ordinance 925.
Item 07D2
August 22, 2016 City Council Meeting
Page 2
At the August 8th City Council Meeting, the City Council requested Staff to contact area churches in
regard to the revision made to §502.04, subd 2. Below is the revision per City Council direction:
502.04: ELIGIBILITY FOR LICENSE:
Subd. 2. Places Ineligible for License:
b. No intoxicating liquor or wine license shall be granted for any premises
that is within has a property line five hundred (500) feet of Edgewood or
Pinewood schools a property line of any school or within two hundred
(200) feet of any permanently sited church located in Mounds View, as
measured from the front door or outdoor seating area of the licensed
premises and the closest point of the school or church principal
structure. except that the The five hundred (500) or two hundred (200)
foot 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.
Staff sent letters to all the area churches in Mounds View and only received one response thus far.
Abiding Savior left a voice mail message with Staff stating they had no issue with this revision.
Recommendation:
Staff recommends continued discussion on Ordinance 925. Staff recommends to open the public
hearing for public comment, and consider Ordinance 925 amending Title 500, Chapter 502 of the
City Code. If approved, Staff will publish an Ordinance Summary in the City’s official newspaper,
Sun Focus.
Respectfully submitted,
________________________
Desaree Crane
Item No: 7E
Meeting Date: August 22, 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: Public Hearing, Second Reading and 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.
Introduction:
An Accessory Dwelling Unit (ADU) is 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 previously
discussed by the City Council on May 9th, August 1st, and August 8th, 2016.
(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.
• Minneapolis allows attached and detached ADU’s as a CUP. Maximum ADU
size varies depending on lot size. ADU or home must be owner occupied.
• 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.).
• Plymouth allows ADU’s only if the home was originally constructed with an ADU.
• Roseville allows ADU’s as a permitted use, but requires notification of all
neighbors prior to administrative approval.
• Shoreview allows ADU’s as a permitted use if attached to a home 850 sq ft or
larger. The ADU shall be 500-850 sq ft in size, and no larger than 30% of the
single-family home’s area. The home or the ADU must be owner occupied.
Ordinance 927 Report
August 22, 2016
Page 2
• St. Paul allows ADU’s only within carriage houses, but is considering allowing
them along the west University Ave. LRT corridor.
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 ADU is internal to the home (i.e. basement), it is a Permitted Use. Minimum
ADU size: 300 sq ft. Maximum ADU size: no larger than the floor above or below
the ADU.
• If the ADU is an addition onto the home, it is a Conditional Use (CUP). Minimum
ADU size: 300 sq ft. Maximum ADU size: 800 sq ft. It is possible that the ADU
could be larger than the attached single-family home.
• 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).
During the City Council’s August 1st Workshop, the Council’s consensus was to not
allow Detached ADU’s.
Changes since the First Reading
During the City Council’s August 8th meeting, the Council discussed whether ADU’s
should share the same utilities as the single-family home, and if they should share the
same address.
Community Development, Police, and Public Works Staff have discussed this, and
suggest that utilities be shared, and that if the ADU has a separate exterior entrance
from that of the single-family home, the ADU shall have their own address and mailbox
(i.e. 2401-A). This change is reflected in Ordinance 927.
Ordinance 927 Report
August 22, 2016
Page 3
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 conduct a Public Hearing and Second Reading
of Ordinance 927, amending Zoning Code, Chapters 1102, 1103, and 1106, relating to
Accessory Dwelling Units.
Respectfully submitted,
________________________
Jon Sevald, AICP
Planner
Attachments
Ord 927
ORDINANCE 927
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING 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 hereby amends Title 1100, Chapter 1102,
of the Mounds View City 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.
SECTION 2. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1103,
of the Mounds View City Code by adding the underlined material and deleting the stricken material
as follows:
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).
SECTION 3. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1106,
of the Mounds View City Code by adding the underlined material and deleting the stricken material
as follows:
Ordinance 927
August 22, 2016
Page 2
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 4. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1106,
of the Mounds View City Code by adding the underlined material and deleting the stricken material
as follows:
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).
Ordinance 927
August 22, 2016
Page 3
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).
f. Accessory Dwelling Units shall use the same water and sanitary sewer connections, and
water meter as the single-family home.
g. Accessory Dwelling Units with an exterior entrance different than the single-family
home’s shall have a different address (e.g. 2401-A). Addressing shall be compliant
with Chapter 903 (Numbers Required).
h. If the mailbox post is owned and maintained by the City, then the property owner shall
reimburse the City for any alterations or replacement.
SECTION 5. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1106,
of the Mounds View City Code by adding the underlined material and deleting the stricken material
as follows:
Section 1106.04: CONDITIONAL USES: The following are conditional uses in an R-1District
(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.
Ordinance 927
August 22, 2016
Page 4
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).
g. Accessory Dwelling Units shall use the same water and sanitary sewer connections, and
water meter as the single-family home.
h. Accessory Dwelling Units with an exterior entrance different than the single-family
home’s shall have a different address (e.g. 2401-A). Addressing shall be compliant
with Chapter 903 (Numbers Required).
i. If the mailbox post is owned and maintained by the City, then the property owner shall
reimburse the City for any alterations or replacement.
SECTION 6. 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 City Code relating to Accessory Dwelling
Units as a permitted use within the R-1 Zoning District if internal to the existing home
and as a conditional use if within an addition onto a home.
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 7. 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.
Ordinance 927
August 22, 2016
Page 5
Publication Date: September 2, 2016
_______________________________
Joe Flaherty, Mayor
ATTEST:
_______________________________
James Ericson, City Administrator
(seal)
Item No: 7E
Meeting Date: August 22, 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: Public Hearing, Second Reading and 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.
Introduction:
An Accessory Dwelling Unit (ADU) is 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 previously
discussed by the City Council on May 9th, August 1st, and August 8th, 2016.
(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.
• Minneapolis allows attached and detached ADU’s as a CUP. Maximum ADU
size varies depending on lot size. ADU or home must be owner occupied.
• 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.).
• Plymouth allows ADU’s only if the home was originally constructed with an ADU.
• Roseville allows ADU’s as a permitted use, but requires notification of all
neighbors prior to administrative approval.
• Shoreview allows ADU’s as a permitted use if attached to a home 850 sq ft or
larger. The ADU shall be 500-850 sq ft in size, and no larger than 30% of the
single-family home’s area. The home or the ADU must be owner occupied.
Ordinance 927 Report
August 22, 2016
Page 2
• St. Paul allows ADU’s only within carriage houses, but is considering allowing
them along the west University Ave. LRT corridor.
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 ADU is internal to the home (i.e. basement), it is a Permitted Use. Minimum
ADU size: 300 sq ft. Maximum ADU size: no larger than the floor above or below
the ADU.
• If the ADU is an addition onto the home, it is a Conditional Use (CUP). Minimum
ADU size: 300 sq ft. Maximum ADU size: 800 sq ft. It is possible that the ADU
could be larger than the attached single-family home.
• 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).
During the City Council’s August 1st Workshop, the Council’s consensus was to not
allow Detached ADU’s.
Changes since the First Reading
During the City Council’s August 8th meeting, the Council discussed whether ADU’s
should share the same utilities as the single-family home, and if they should share the
same address.
Community Development, Police, and Public Works Staff have discussed this, and
suggest that utilities be shared, and that if the ADU has a separate exterior entrance
from that of the single-family home, the ADU shall have their own address and mailbox
(i.e. 2401-A). This change is reflected in Ordinance 927.
Ordinance 927 Report
August 22, 2016
Page 3
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 conduct a Public Hearing and Second Reading
of Ordinance 927, amending Zoning Code, Chapters 1102, 1103, and 1106, relating to
Accessory Dwelling Units.
Respectfully submitted,
________________________
Jon Sevald, AICP
Planner
Attachments
Ord 927
ORDINANCE 927
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING 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 hereby amends Title 1100, Chapter 1102,
of the Mounds View City 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.
SECTION 2. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1103,
of the Mounds View City Code by adding the underlined material and deleting the stricken material
as follows:
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).
SECTION 3. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1106,
of the Mounds View City Code by adding the underlined material and deleting the stricken material
as follows:
Ordinance 927
August 22, 2016
Page 2
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 4. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1106,
of the Mounds View City Code by adding the underlined material and deleting the stricken material
as follows:
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).
Ordinance 927
August 22, 2016
Page 3
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).
f. Accessory Dwelling Units shall use the same water and sanitary sewer connections, and
water meter as the single-family home.
g. Accessory Dwelling Units with an exterior entrance different than the single-family
home’s shall have a different address (e.g. 2401-A). Addressing shall be compliant
with Chapter 903 (Numbers Required).
h. If the mailbox post is owned and maintained by the City, then the property owner shall
reimburse the City for any alterations or replacement.
SECTION 5. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1106,
of the Mounds View City Code by adding the underlined material and deleting the stricken material
as follows:
Section 1106.04: CONDITIONAL USES: The following are conditional uses in an R-1District
(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.
Ordinance 927
August 22, 2016
Page 4
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).
g. Accessory Dwelling Units shall use the same water and sanitary sewer connections, and
water meter as the single-family home.
h. Accessory Dwelling Units with an exterior entrance different than the single-family
home’s shall have a different address (e.g. 2401-A). Addressing shall be compliant
with Chapter 903 (Numbers Required).
i. If the mailbox post is owned and maintained by the City, then the property owner shall
reimburse the City for any alterations or replacement.
SECTION 6. 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 City Code relating to Accessory Dwelling
Units as a permitted use within the R-1 Zoning District if internal to the existing home
and as a conditional use if within an addition onto a home.
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 7. 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.
Ordinance 927
August 22, 2016
Page 5
Publication Date: September 2, 2016
_______________________________
Joe Flaherty, Mayor
ATTEST:
_______________________________
James Ericson, City Administrator
(seal)
Item No: 07F
Meeting Date: August 22, 2016
Type of Business: Council Business
City Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Public Hearing: Resolution 8620, to Consider a New
License for Keeping of Chickens and Ducks at 7951
Greenwood Drive: Andre and Patricia Koen
Introduction:
City Council passed Ordinance 903, which amended Chapter 701 of the City Code to
provide for limited and controlled raising and keeping of chickens and/or ducks on
properties zoned R-1, Single Family Residential. Residents would be limited to no more
than eight (8) birds restricted to backyard areas. This Ordinance became effective on
August 3, 2015.
Background:
Applicants Andre and Patricia Koen located at 7951 Greenwood Drive, submitted a
license application to raise and keep chickens on their property. Attached is the
application for the City Council’s consideration. It appears Andre and Patricia Koen
meets all the requirements under Ordinance 903.
In accordance with Ordinance 903, initial applications shall be considered by the City
Council after holding a public hearing on the matter. Renewals may be approved
administratively unless the City has received substantial complaints or related violations
have been documented during the previous year. Staff published this hearing in the
City’s official newspaper, Sun Focus. Public hearing notices were also mailed to
residents within a 350 feet radius of 7951 Greenwood Drive. Staff received one email
from a resident in opposition (attached).
Recommendation:
Staff recommends opening this public hearing for public comment. Staff recommends
approval of this license. This is an annual license. If approved, this license will expire
on December 31, 2016.
Respectfully submitted,
_____________________
Desaree Crane
RESOLUTION 8620
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A CHICKEN/DUCK KEEPING LICENSE TO
ANDRE AND PATRICIA KOEN
WHEREAS, the City Council passed Ordinance 903, which amended Chapter
701 of the Municipal Code to provide limited and controlled raising and keeping of
chickens and/or ducks on properties zoned R-1, Single Family Residential; and,
WHEREAS, in accordance with Ordinance 903, initial applications shall be
considered by the City Council after holding a public hearing on the matter; and
WHEREAS, Andre and Patricia Koen submitted a license application and fees to
keep and raise chickens on their property located at 7951 Greenwood Drive; and,
WHEREAS, Staff has reviewed Andre and Patricia Koen’s application; and
WHEREAS, Andre and Patricia Koen’s application meets all the requirements as
set forth in Ordinance 903; and
WHEREAS, this license will expire on December 31, 2016.
NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council
does hereby approve a Chicken/Duck Keeping License to Andre and Patricia Koen,
7951 Greenwood Drive.
NOW, THEREFORE BE IT FURTHER RESOLVED, that this license is effective
from August 23, 2016, to December 31, 2016.
Adopted this 22nd day of August, 2016
________________________________
Joe Flaherty, Mayor
ATTEST:
________________________________
James Ericson, City Administrator
(seal)
Item No: 07H
Meeting Date: August 22, 2016
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Resolution 8621, Approving Severance for Craig Swalchick,
Housing/Code Enforcement Inspector
Background
Effective August 10, 2016, Craig Swalchick resigned from his position as Housing/Code
Enforcement Inspector. Attached is Resolution 8621, which authorizes severance to Mr.
Swalchick in accordance with Sections 3.45 and 3.47 of the Mounds View Personnel
Manual. The Housing/Code Enforcement Inspector is a non-union, non-exempt classified
position.
Discussion
In accordance with Section 3.45, of the Mounds View Personnel Manual:
Upon separation from the City, employees who have completed two or more
years of service and leave in good standing shall contribute 100% of their
eligible sick leave to their Retirement Health Savings Plan (RHSP). Except
as noted below, eligible sick leave is limited to 50% of an employee’s sick
balance, which is capped as follows:
Base cap = 960 hours. The base cap shall be increased by 20
hours per year for each year employed beyond ten years. For
example, a 15-year employee’s cap would be 1060 and a
twenty-year employee’s cap would be 1160 hours.
Resolution 8621 provides a payout of Mr. Swalchick accrued/unused sick time. In
accordance with Section 3.45 of Mounds View Personnel Manual, Mr. Swalchick is
authorized a sick time payout totaling $1,859.07 to his Retirement Health Savings Plan
(RHSP). This is calculated as 153.96 accrued/unused sick hours times 50% times his hourly
rate of $24.15.
Resolution 8621 provides a payout on Mr. Swalchick’s vacation time (50% cash payout and
50% into RHSP). In accordance with Section 3.45 (c) of the Mounds View Personnel
Manual, Mr. Swalchick is authorized a 50% vacation time cash payout totaling $262.38. This
calculated as 21.73 accrued/unused vacation hours times 50% times his hourly rate of
$24.15/hour.
Resolution 8621 provides a payout of the remaining balance of Mr. Swalchick’s
accrued/unused vacation time. In accordance with Section 3.47 of the Mounds View
Personnel Manual, Mr. Swalchick is authorized a vacation time payout totaling $262.38. This
calculated as 21.73 accrued/unused vacation hours times 50% times his hourly rate of
$24.15/hour.
Item 07H
August 22, 2016, City Council Meeting
Page 2
Resolution 8621 provides a payout of Mr. Swalchick’s compensatory time. In accordance
with Section 3.47 of the Mounds View Personnel Manual, Mr. Swalchick is authorized a
compensatory time cash payout totaling $371.91. This is calculated at 15.40 hours times his
hourly rate of $24.15/hour.
Recommendation
Staff recommends approving Resolution 8621 in accordance with Sections 3.45 and 3.47 of
the Mounds View Personnel Manual. This staff report may be subject to change pending
final review by the Finance Department.
Respectfully submitted,
_______________________
Desaree Crane
RESOLUTION NO. 8621
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING SEVERANCE PAYMENT TO
HOUSING/CODE ENFORCEMENT INSPECTOR CRAIG SWALCHICK
WHEREAS, Craig Swalchick submitted his resignation and his last day of employment was
August 10, 2016; and
WHEREAS, the balance of accrued and unused sick leave time is 153.96 hours; and
WHEREAS, the balance of accrued and unused vacation is 21.73 hours; and
WHEREAS, the balance of accrued and unused compensatory time is 15.40 hours; and
WHEREAS, Craig Swalchick’s current rate of pay is $24.15 per hour; and
WHEREAS, in accordance with Section 3.45 of the Mounds View Personnel Manual, the
maximum potential payout of accrued/unused sick time will be 153.96 hours x 50% x his hourly rate
of $24.15 = $1,859.07 into Craig Swalchick’s Retirement Health Savings Plan (RHSP); and
WHEREAS, in accordance with Section 3.45(c) of the Mounds View Personnel Manual, the
maximum potential payout of accrued/unused vacation time will be 21.73 hours x 50% x his hourly
rate of $24.15= $262.38 into Craig Swalchick’s RHSP; and
WHEREAS, in accordance with Section 3.47 of the Mounds View Personnel Manual, the
maximum potential cash payout of the remaining balance of Mr. Swalchick’s accrued/unused
vacation time will be 21.73 hours x 50% x his hourly rate of $24.15 = $262.38; and
WHEREAS, in accordance with Section 3.47 of the Mounds View Personnel Manual the
maximum potential cash payout of Mr. Swalchick’s accured/unused compensatory time will be 15.40
x his hourly rate of $24.15 = $371.91.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves a one-
time payout of sick time and vacation time not to exceed $2,121.45 into Craig Swalchick’s RHSP in
accordance with Section 3.45 of the Mounds View Personnel Manual.
NOW, BE IT FURTHER, RESOLVED that the Mounds View City Council approves a
one-time cash payout of vacation and compensatory time not to exceed $634.29 in accordance
with Sections 3.47 of the Mounds View Personnel Manual.
Adopted this 22nd day of August, 2016.
________________________________
Joe Flaherty, Mayor
ATTEST:
________________________________
James Ericson, City Administrator
(seal)
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
August 8, 2016 6
Mounds View City Hall 7
2401 County Road 10, Mounds View, MN 55112 8
7:02 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 16
17
NOT PRESENT: Mueller. 18
19
4. APPROVAL OF AGENDA 20
A. Monday, August 8, 2016, City Council Agenda. 21
22
MOTION/SECOND: Gunn/Meehlhause. To Approve the Monday, August 8, 2016, agenda as 23
presented. 24
25
Ayes – 4 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
None. 30
31
6. SPECIAL ORDER OF BUSINESS 32
A. Heartsafe Community Proclamation. 33
34
Mayor Flaherty read a proclamation in full for the record declaring August 20, 2016, to be the 35
start of the City of Mounds View’s Heartsafe Community Initiative. He provided further 36
comment on the benefits of Mounds View becoming a Heartsafe Community and thanked staff 37
for bringing this item forward. 38
39
7. COUNCIL BUSINESS 40
A. Introduction and First Reading of Ordinance 923, an Ordinance Continuing 41
a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within 42
the City of Mounds View. 43
44
Finance Director Beer requested the Council introduce an Ordinance that would continue a 45
Mounds View City Council August 8, 2016
Regular Meeting Page 2
franchise fee with Xcel Energy Electric and Natural Gas for operations in the City of Mounds 1
View. He explained this matter was reviewed on a yearly basis by the Council and noted the 2
franchise fee was currently at a rate of 4%. He described how the City used franchise fees to buy 3
down the levy and fix local streets. He reported the second reading and adoption of the 4
Ordinance would occur on August 22nd. 5
6
Council Member Meehlhause asked if a future Council could exclude the sunset clause. Finance 7
Director Beer reported the date could be changed within the Ordinance by the Council. 8
9
MOTION/SECOND: Meehlhause/Hull. To Waive the First Reading and Introduce Ordinance 10
923, an Ordinance Continuing a Franchise Fee on Xcel Energy Electric and Natural Gas 11
Operations within the City of Mounds View. 12
13
Ayes – 4 Nays – 0 Motion carried. 14
15
B. Introduction and First Reading of Ordinance 924, an Ordinance Continuing 16
a Franchise Fee on CenterPoint Natural Gas Operations within the City of 17
Mounds View. 18
19
Finance Director Beer requested the Council introduce an Ordinance that would continue a 20
franchise fee with CenterPoint Natural Gas for operations in the City of Mounds View. It was 21
noted CenterPoint has only one customer in the City. He explained this matter was reviewed on 22
a yearly basis by the Council and noted the franchise fee was currently at a rate of 4%. He 23
described how the City used franchise fees to buy down the levy and fix local streets. He 24
reported the second reading and adoption of the Ordinance would occur on August 22nd. 25
26
Mayor Flaherty questioned if the CenterPoint user was a resident or business. Finance Director 27
Beer stated the CenterPoint user was a business and this was due to the businesses location. 28
29
MOTION/SECOND: Hull/Gunn. To Waive the First Reading and Introduce Ordinance 924, an 30
Ordinance Continuing a Franchise Fee on CenterPoint Natural Gas Operations within the City of 31
Mounds View. 32
33
Ayes – 4 Nays – 0 Motion carried. 34
35
C. Introduction and First Reading of Ordinance 926, an Ordinance Amending 36
Title 1100 of the Mounds View City Code, Chapters 1102, 1113, 1114 and 37
1116 relating to Micro Breweries, National Breweries, Regional Breweries, 38
Brewpubs, Distilled Spirits, Microdistilleries, and Taprooms. 39
40
Planner Sevald requested the Council introduce an Ordinance amending Title 1100 relating to 41
microbreweries, national breweries, regional breweries, brewpubs, distilled spirits, micro 42
distilleries and taprooms. He described the growing trend of microbreweries and taprooms in the 43
State of Minnesota and discussed the proposed zoning changes for the City. It was noted this 44
Ordinance had been reviewed and recommended for approval by the Planning Commission. 45
Mounds View City Council August 8, 2016
Regular Meeting Page 3
1
MOTION/SECOND: Gunn/Meehlhause. To Waive the First Reading and Introduce Ordinance 2
926, an Ordinance Amending Title 1100 of the Mounds View City Code, Chapters 1102, 1113, 3
1114 and 1116 relating to Micro Breweries, National Breweries, Regional Breweries, Brewpubs, 4
Distilled Spirits, Microdistilleries, and Taprooms. 5
6
Ayes – 4 Nays – 0 Motion carried. 7
8
D. Introduction and First Reading of Ordinance 925, an Ordinance Amending 9
Title 500, Chapter 502 to add Micro Breweries, National Breweries, Regional 10
Breweries, Brewpubs, Distilled Spirits, Microdistilleries and Taprooms 11
Business Licensing to the Liquor Code. 12
13
Assistant City Administrator Crane requested the Council introduce an Ordinance amending Title 14
500 adding microbreweries, national breweries, regional breweries, brewpubs, distilled spirits, 15
micro distilleries and taprooms to the business licensing within the liquor code. She explained 16
she was continuing to research the tasting requirements for distilleries. She recommended two 17
separate liquor licenses be required for a single establishment with a brewery and distillery. 18
19
Discussion ensued regarding the property line setback requirements for liquor establishments 20
within the community. 21
22
Council Member Meehlhause discussed Page 9, Sub Item B and asked if the 200 feet 23
requirement should only be if a school was located in a business district. He recommended the 24
same requirement remain in place for churches. 25
26
Council Member Gunn noted there was a school operation in the business district in Mounds 27
View that was currently located adjacent to a restaurant that served liquor. City Administrator 28
Ericson reported the Council and staff could continue to hold a discussion on how setback 29
requirements were measured to ensure the proper setbacks were being met. 30
31
Mayor Flaherty recommended the setback language be changed back to entry way to entry way 32
and not read from property line to property line. 33
34
The Council was in favor of adjusting the setback requirements from Pinewood and Edgewood to 35
500 feet from door to door. 36
37
Council Member Gunn requested the Council turn to Page 16 of the Ordinance and questioned 38
why brewers or distillers were not allowed to own their own equipment. City Administrator 39
Ericson clarified that this portion of the Ordinance was referring to gambling equipment and not 40
brewing or distillery equipment. 41
42
Mayor Flaherty discussed the hours of sales allowed and asked if Sunday sales would be allowed. 43
City Administrator Ericson indicated the consensus of Council was to allow for the sale of 44
growlers on Sunday. 45
Mounds View City Council August 8, 2016
Regular Meeting Page 4
1
MOTION/SECOND: Hull/Gunn. To Waive the First Reading and Introduce Ordinance 925, an 2
Ordinance Amending Title 500, Chapter 502 to add Micro Breweries, National Breweries, 3
Regional Breweries, Brewpubs, Distilled Spirits, Microdistilleries and Taprooms Business 4
Licensing to the Liquor Code. 5
6
Ayes – 4 Nays – 0 Motion carried. 7
8
Mayor Flaherty requested Item J be discussed next. The Council was in agreement with this 9
suggestion. 10
11
J. Resolution 8617, Authorizing the Sending of Notice of Termination of Lease 12
to Creative Kids Academy – Mounds View, Inc. 13
14
City Administrator Ericson stated this item was reviewed by the Council at a recent worksession 15
with representatives from the YMCA in attendance. He reported staff received a proposal from 16
the YMCA to provide childcare at the community center. He explained the YMCA was aware 17
the City had a lease with the current tenant (Creative Kids Academy) through July of 2018. He 18
commented there was a clause in the lease agreement that allows for early termination by 19
providing a one-year written notice to the tenant. It was noted staff had reached out to the 20
owners of Creative Kids Academy, however the owner was out of the country. He indicated a 21
conversation was held via phone and through email correspondence with the owner where he 22
requested a decision by the Council be deferred to the August 22nd City Council meeting. 23
24
Council Member Meehlhause supported the matter being postponed to August 22nd. 25
26
Council Member Hull and Council Member Gunn were in agreement. 27
28
MOTION/SECOND: Meehlhause/Hull. To Postpone Action on Resolution 8617, Authorizing 29
the Sending of Notice of Termination of Lease to Creative Kids Academy – Mounds View, Inc., 30
to the Monday, August 22, 2016 City Council Meeting. 31
32
Ayes – 4 Nays – 0 Motion carried. 33
34
E. Resolution 8615, Authorization to Advertise for the Housing/Code 35
Enforcement Inspector Position. 36
37
Assistant City Administrator Crane reported Craig Swalchick has resigned his position with the 38
City effective August 10th. She requested the Council authorize the advertisement for the 39
housing/code enforcement inspector position. Staff reviewed the proposed hiring timeline and 40
recommended the Council authorize staff to advertise the position. 41
42
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8615, 43
Authorization to Advertise for the Housing/Code Enforcement Inspector Position. 44
45
Mounds View City Council August 8, 2016
Regular Meeting Page 5
Council Member Meehlhause wished Craig Swalchick well in his new position and thanked him 1
for the outstanding work he conducted on behalf of the City of Mounds View. 2
3
Ayes – 4 Nays – 0 Motion carried. 4
5
F. Introduction and First Reading of Ordinance 927, an Ordinance amending 6
Title 1100 of the Mounds View City Code, Chapters 1102, 1103 and 1106 7
relating to Accessory Dwelling Units. 8
9
Planner Sevald requested the Council introduce an Ordinance amending Title 1100 relating to 10
accessory dwelling units (ADU). He reported this matter has been discussed by both the Council 11
and Planning Commission. He explained the intention of this amendment would be to allow 12
residents to continue to age in place. He provided further comment on the proposed regulations 13
for ADU’s and noted a rental license would be required. 14
15
Mayor Flaherty asked if ADU’s would have separate water and gas. Planner Sevald stated the 16
Ordinance amendment would not require ADU’s to have separate water and gas. 17
18
Mayor Flaherty questioned if ADU’s would have a separate address. Planner Sevald reported 19
this would not be the case for internal units, but believed ADU’s with a separate access point 20
would benefit from a separate address. 21
22
MOTION/SECOND: Gunn/Hull. To Waive the First Reading and Introduce Ordinance 927, an 23
Ordinance amending Title 1100 of the Mounds View City Code, Chapters 1102, 1103 and 1106 24
relating to Accessory Dwelling Units. 25
26
Council Member Meehlhause thanked Planner Sevald and the Planning Commission for all of 27
their efforts on this Ordinance amendment. 28
29
Ayes – 4 Nays – 0 Motion carried. 30
31
G. Second Reading and Adoption of Ordinance 922, an Ordinance Amending 32
Chapter 105 of the City Code to Increase Mayor and Council Member 33
Annual Compensation (ROLL CALL VOTE). 34
35
City Administrator Ericson stated this item was first discussed by the Council at their June 36
worksession meeting. He explained this matter was brought about after it was determined the 37
Council and Mayor had not received a raise in pay in 10+ years. He reviewed the process that 38
must be followed in order to increase the Council and Mayor compensation. He discussed the 39
compensation being paid to neighboring communities’ elected officials. Staff described the 40
proposed pay increase noting it would not take effect until January 1, 2017, and recommended 41
the Council adopt Ordinance 922. 42
43
MOTION/SECOND: Flaherty/Meehlhause. To Waive the Second Reading and Adopt 44
Ordinance 922, an Ordinance Amending Chapter 105 of the City Code to Increase Mayor and 45
Mounds View City Council August 8, 2016
Regular Meeting Page 6
Council Member Annual Compensation. 1
2
ROLL CALL: Gunn/Hull/Meehlhause/Flaherty. 3
4
Ayes – 3 Nays – 1 (Hull) Motion carried. 5
6
H. Resolution 8613, Approve Replacement of Two Existing Hydrants on County 7
Road H in Conjunction with Ramsey County’s Project. 8
9
Public Works Director Erickson requested the Council approve the replacement of two existing 10
hydrants on County Road H, near Mounds View Boulevard. He explained these two hydrants 11
were in the pavement that was being replaced by Ramsey County and would have to be moved. 12
He understood this was an oversight by the County Engineer. He indicated the moving of the 13
hydrants would be covered by the County and the hydrant expense would be the responsibility of 14
the City. Staff reviewed the estimated expense and recommended approval of the project. 15
16
Mayor Flaherty questioned where the hydrants were at this time. Public Works Director 17
Erickson described the location of the hydrants. 18
19
Mayor Flaherty asked how far the hydrants would be moved. Public Works Director Erickson 20
estimated the hydrants would be moved approximately 10 to 20 feet to the west. 21
22
MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 8613, 23
Approve Replacement of Two Existing Hydrants on County Road H in Conjunction with 24
Ramsey County’s Project. 25
26
Council Member Meehlhause thanked staff for the thorough staff report and for noting how the 27
expense would be covered within the 2016 budget. 28
29
Ayes – 4 Nays – 0 Motion carried. 30
31
I. Resolution 8614, Approve Replacement of Driveway and Sidewalk at 3009 32
County Road H. 33
34
Public Works Director Erickson requested the Council approve the replacement of the driveway 35
and sidewalk at 3009 County Road H. He explained the replacement was being proposed 36
because the existing sidewalk was graded and draining towards the property. It was noted the 37
new driveway and sidewalk would drain away from the property. Staff recommended the 38
Council approve the repair and that the project be funded out of the Street Improvement Fund. 39
40
Mayor Flaherty asked if the entire driveway would be replaced. Public Works Director Erickson 41
reported the entire width of the driveway would be replaced from the street to one panel past the 42
sidewalk. 43
44
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8614, 45
Mounds View City Council August 8, 2016
Regular Meeting Page 7
Approve Replacement of Driveway and Sidewalk at 3009 County Road H. 1
2
Mayor Flaherty believed the replacement of this driveway and sidewalk was the right thing for 3
the City to do. 4
5
Ayes – 4 Nays – 0 Motion carried. 6
7
K. Resolution 8618, Approving the Purchase of a 2017 Ford F250 Pickup Truck 8
for the Sewer Department. 9
10
Public Works Director Erickson requested the Council approve the purchase of a 2017 Ford F250 11
pickup truck for the Sewer Department. He indicated this truck was on the replacement 12
schedule. It was noted an older truck would be traded in and a jib crane would be placed on the 13
new Sewer Department truck. He explained the new truck would be used for routine sewer 14
maintenance. 15
16
Council Member Meehlhause asked if there was any concern of going from a one ton to a ¾ ton 17
pickup truck. Public Works Director Erickson believed the proposed pickup truck would manage 18
the sewer workload well. 19
20
Finance Director Beer questioned if the existing jib crane would be sold with the older truck. 21
Public Works Director Erickson reported this was the case noting the crane would make the older 22
truck more marketable. 23
24
MOTION/SECOND: Hull/Meehlhause. To Waive the Reading and Adopt Resolution 8618, 25
Approving the Purchase of a 2017 Ford F250 Pickup Truck for the Sewer Department. 26
27
Ayes – 4 Nays – 0 Motion carried. 28
29
8. CONSENT AGENDA 30
A. Set a Public Hearing for 7:00 p.m. Monday, August 22, 2016, to Consider 31
Adoption of Ordinance 923 Continuing a Franchise Fee on Xcel Energy 32
Electric and Natural Gas Operations. 33
B. Set a Public Hearing for 7:00 p.m. Monday, August 22, 2016, to Consider 34
Adoption of Ordinance 924 Continuing a Franchise Fee on CenterPoint 35
Energy Natural Gas Operations. 36
C. Set a Public Hearing for 7:00 p.m. Monday, August 22, 2016, to Consider 37
Adoption of Ordinance 926, amending Title 1100 of the Mounds View City 38
Code, Chapters 1102, 1113, 1114, 1115 and 1116 relating to Micro Breweries, 39
National Breweries, Regional Breweries, Brewpubs, Distilled Spirits, 40
Microdistilleries, and Taprooms Business Licensing to the Liquor Code. 41
D. Set a Public Hearing for 7:00 p.m. Monday, August 22, 2016, to Consider 42
Adoption of Ordinance 925, an Ordinance Amending Title 500, Chapters 501 43
and 502 to add Micro Breweries, National Breweries, Regional Breweries, 44
Mounds View City Council August 8, 2016
Regular Meeting Page 8
Brewpubs, Distilled Spirits, Microdistilleries, and Taprooms Business 1
Licensing to the Liquor Code. 2
E. Set a Public Hearing for 7:00 p.m. Monday, August 22, 2016, to Consider 3
Adoption of Ordinance 927, an Ordinance amending Title 1100 of the 4
Mounds View City Code, Chapters 1102, 1103, and 1106 relating to 5
Accessory Dwelling Units. 6
F. Set a Public Hearing for 7:00 p.m. for Monday, August 22, 2016, to Consider 7
a Chicken Keeping License for the Koen Family located at 7951 Greenwood 8
Drive. 9
G. Resolution 8616, Authorization to Auction Surplus Equipment. 10
11
MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda as presented. 12
13
Ayes – 4 Nays – 0 Motion carried. 14
15
9. JUST AND CORRECT CLAIMS 16
17
Finance Director Beer answered the Council's questions related to claims. 18
19
MOTION/SECOND: Gunn/Meehlhause. To Approve the Just and Correct Claims as presented. 20
21
Ayes – 4 Nays – 0 Motion carried. 22
23
10. APPROVAL OF MINUTES 24
A. July 25, 2016, City Council Meeting Minutes. 25
26
Council Member Meehlhause requested a correction on Page 2, Line 6 stating “aunable” should 27
be changed to “unable”. 28
29
Council Member Meehlhause request ed a correction on Page 5, Line 36 suggesting the word 30
‘‘provided’’ be used when describing the work completed by Bolton & Menk. 31
32
MOTION/SECOND: Meehlhause/Flaherty. To Approve the July 25, 2016, City Council 33
meeting minutes as amended. 34
35
Ayes – 4 Nays – 0 Motion carried. 36
37
11. REPORTS 38
A. Reports of Mayor and Council. 39
40
Council Member Gunn reported on the National Night Out events that she attended. She was 41
pleased to see the community support at these gatherings along with the number of new young 42
families. 43
44
Mounds View City Council August 8, 2016
Regular Meeting Page 9
Council Member Gunn stated Festival in the Park would be held on Saturday, August 20th. She 1
reviewed all of the events planned for the day and encouraged the public to attend. 2
3
Council Member Meehlhause explained the Festival in the Park Committee would be meeting on 4
Tuesday, August 16th at 7:00 p.m. at City Hall. It was noted the committee was still in need of 5
volunteers. 6
7
Council Member Meehlhause indicated he attended the recent Cable Commission meeting for the 8
Mayor. It was noted the group discussed the Comcast franchise negotiations. 9
10
Council Member Meehlhause reported he, Council Member Gunn, Council Member Hull and 11
City Administrator Ericson would be attending the Rice Creek Commons Celebration on 12
Wednesday. 13
14
Council Member Meehlhause stated he would be attending an NYFS meeting on Friday and next 15
Wednesday. 16
17
Council Member Gunn explained she would be attending a 35W Coalition meeting on Thursday, 18
August 11th. She hoped to have an update on the 35W MNPASS project for the Council by 19
August 22nd. She discussed a recent article in the newspaper noting Roseville would not be 20
granting municipal consent until this fall. City Administrator Ericson reviewed a list of 21
upcoming environmental impact and noise wall meetings for the 35W MNPASS project. He 22
encouraged residents to attend these meetings in order to learn more about this project. 23
24
Mayor Flaherty was pleased to report the City had 23 or 24 neighborhood parties registered with 25
the City. He appreciated meeting a number of young families along with old friends during 26
National Night Out. 27
28
B. Reports of Staff. 29
1. Finance Department Quarterly Report 30
31
Finance Director Beer reviewed the Second Quarter financials with the Council. He discussed 32
the City’s revenue and expenses for the first six months of the year, which were in proper 33
alignment at this time. It was noted the City’s Street Improvement Project would wrap up next 34
spring. He was pleased to report the entire project came in $3 million under budget. The City’s 35
investments were discussed and it was noted there has been a slow draw down over time as TIF 36
Districts have decertified. He noted the 2016 audit was now complete and staff has begun to 37
work on the 2017 budget. Staff then reviewed the 2017 budget approval timeline. 38
39
2. Liquor License Update – Keshav Enterprises, Inc. 40
41
City Administrator Ericson stated the Council recently approved a liquor license for Keshav 42
Enterprises at the former Snap Market. He reported the applicant went out of the country and 43
there was an issue with his insurance documentation. For this reason, a liquor license was not 44
issued by the State of Minnesota. In addition to this, the deal for the property fell through. He 45
Mounds View City Council August 8, 2016
Regular Meeting Page 10
explained that the applicant would not be pursuing a liquor store at the corner of County Road I 1
and Edgewood. He indicated the liquor license at this property has been canceled. 2
3
Public Works Director Erickson updated the Council on several projects occurring in the City. 4
He noted work continues on Quincy and County Road I. The paving schedule for Area I was 5
reviewed with the Council. He explained progress was being made on the trail along Mounds 6
View Boulevard. It was noted the Silver View Park Trail would be reclaimed on Thursday. He 7
discussed the work occurring at Mounds View Boulevard and County Road H. He anticipated he 8
would have an update on the new Public Works Facility at the Council worksession in 9
September. 10
11
City Administrator Ericson provided a summary report from Council Member Mueller noting she 12
had a wonderful time at National Night Out. Council Member Mueller had stated she 13
appreciated the friendly nature of all of the residents she met with and enjoyed meeting young 14
families and new residents in the community. 15
16
Mayor Flaherty thanked City Administrator Ericson for his strong leadership amongst staff and 17
for all he does on behalf of the City of Mounds View. 18
19
City Administrator Ericson appreciated this recognition but noted he would not be able to 20
conduct his work if not for the great department heads and staff working for the City. 21
22
C. Reports of City Attorney 23
24
There was nothing additional to report. 25
26
12. Next Council Work Session: TUESDAY, September 6, 2016, at 7:00 p.m. 27
Next Council Meeting: Monday, August 22, 2016, at 7:00 p.m. 28
29
13. ADJOURNMENT 30
31
The meeting was adjourned at 8:51 p.m. 32
33
Transcribed by: 34
35
Heidi Guenther 36
TimeSaver Off Site Secretarial, Inc. 37
484950v1 SJR MU125-11
Kennedy 470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402-1458
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
Graven
C H A R T E R E D
SCOTT J. RIGGS
Attorney at Law
Direct Dial (612) 337-9260
Email: sriggs@kennedy-graven.com
MEMORANDUM
Date: August 18, 2016
To: Jim Ericson, City Administrator
From: Scott J. Riggs, City Attorney
Re: Mounds View Project Status Report
MU125-11: Administration. General discussions with staff regarding various City matters.
Matters are presently pending.
MU125-65: Licensing Matters. Legal research regarding body art establishments. Consult
with City staff regarding same. Matter is presently pending.
MU210-35: Mounds View Community Center. Review Creative Kids Lease. Draft resolution
and forward to City staff. Matter is presently pending.
MU210-54: City Code Updates. Awaiting final review by City staff. Work on revision to
City Code. Matter is presently pending.
MU210-111: General Employment Matters. Review EEOC documentation. Consult with City
staff and LMCIT regarding same. File Response with EEOC. Matter is presently
pending.
MU210-221: LMCIT/DVS General. Several notices of legal claims have been presented to the
City and have been tendered for defense by the League of Minnesota cities
Insurance Trust. Consult with City staff and City Council. Consult with LMCIT
attorneys. Matters are presently pending.
&
Jim Ericson
August 18, 2016
Page 2
484950v1 SJR MU125-11
MU210-243: Woodcrest Park Wetland Mitigation. Review documents and consult with City
staff regarding same. Revise documents and forward same to City staff. Matter is
presently pending.
MU210-244: G.O. Capital Improvement Bonds, Series 2017. Prepare reimbursement
resolution for a possible future capital improvement plan bond. Matter is
presently pending.
MU210-246: 2940 County Road H2. Review documents and consult with City staff regarding
same. Matter is presently pending.
EDA:
MU205-13: General EDA Matters. Legal research regarding EDAs and HRAs. Draft
memorandum regarding same. Matter is presently pending.
SJR:jms