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HomeMy WebLinkAboutAgenda Packets - 2015/06/08 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, June 8, 2015 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 7. COUNCIL BUSINESS A. Continued Public Hearing – Resolution 8410, to Consider an Off-Sale Intoxicating Liquor License for ABC Liquor Located at 2840 County Road 10 B. Resolution 8427, Appeal of a Variance Denial to Allow a Driveway Curb Cut to Exceed 24 Feet Wide at 8382 Knollwood Drive C. Resolution 8415, a Resolution Approving an Exemption for CenturyLink to Install and Deploy Aerial Fiber Optic Facilities in Mounds View D. Resolution 8425, Adopting and Reporting Performance Measures E. Resolution 8429, Awarding a Construction Contract for Mustang Drive and Mustang Circle Pavement Rehabilitation and Drainage Improvements F. First Reading and Introduction of Ordinance 903, an Ordinance Amending Chapter 701 to Add Provisions for the Keeping and Raising of Poultry and Fowl in Certain Residential Districts 8. CONSENT AGENDA A. Resolution 8426, a Resolution Approving the Mounds View Business Licenses for the Period of July 1, 2015, to June 30, 2016 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES - None City Council Agenda June 8, 2015 Page 2 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Update on Brewpubs and Taprooms (verbal report) C. Reports of City Attorney 12. Next Council Work Session: Monday, July 6, 2015, at 7pm Next Council Meeting: Monday, June 22, 2015, at 7pm 13. ADJOURNMENT Item No: 07A Meeting Date: June 8, 2015 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: Continued Public Hearing, Resolution 8410, a Resolution to Consider an Off-Sale Intoxicating Liquor License Renewal for ABC Liquor, located at 2840 County Road 10 Introduction: In accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license renewals. The City of Mounds View issued an intoxicating liquor license for ABC Liquor effective July 1, 2014, and their renewal is before the City Council for consideration. ABC Liquor’s Off-Sale Intoxicating Liquor License will expire June 30, 2015. This public hearing was continued on May 11th, and again on May 26th, due to ABC Liquor not submitting their liquor license application materials and fees by the deadline. Discussion: On Friday, May 29, 2015, ABC Liquor submitted their liquor license application and the applicable fees (to include the 20% late fee). The notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the City’s official newspaper. Property taxes are current on this property. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) Staff has submitted a criminal background check to the Minnesota Bureau of Criminal Apprehension, and has not received the criminal background check. This liquor license renewal will be contingent on a satisfactory background check. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for ABC Liquor. Fire Inspection (City of Mounds View Fire Marshal) The City’s Fire Marshal has issued a satisfactory report for ABC Liquor. Item 07A June 8, 2015 City Council Meeting Page 2 Recommendation: Staff recommends approval of this business license contingent on a satisfactory criminal background check. If this renewal is approved, the time period of this license will be July 1, 2015 to June 30, 2016. Respectfully submitted, ________________________ Desaree Crane RESOLUTION 8410 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN OFF-SALE INTOXICATING LIQUOR LICENSE FOR ABC LIQUOR LOCATED AT 2840 COUNTY ROAD 10 WHEREAS, ABC Liquor’s Intoxicating Liquor License expires June 30, 2015; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, Staff recommends approval of ABC Liquor’s Off-Sale Intoxicating Liquor License for the period of July 1, 2015 to June 30, 2016, contingent on a satisfactory criminal background check. NOW THEREFORE, BE IT RESOLVED, that the Mounds View City Council does hereby approve an Off-Sale Intoxicating Liquor License for ABC Liquor for the period of July 1, 2015 to June 30, 2016, contingent on a satisfactory criminal background check. Adopted this 8th day of June, 2015. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 7B Meeting Date: June 8, 2015 Type of Business: Council Business Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Appeal of a Variance Denial to Allow a Driveway Curb Cut to Exceed 24 Feet at 8382 Knollwood Drive; Planning Case VR2015-002 Introduction: The applicant, Robert Horbul, applied for a variance to allow his driveway curb cut to exceed 24- feet at his property at 8382 Knollwood Drive. The Planning Commission heard this request on May 20, 2015 and denied the variance. Mr. Horbul is appealing the denial to the City Council. The applicant’s entire driveway, including the curb cut, is currently 34 feet wide. This property is on a street that is being reconstructed this year. As the streets have been reconstructed, the City is installing the new curb cut aprons so that they comply with the Zoning Code requirements. The new aprons are installed with a 5-foot setback and a maximum of 24 feet wide. The applicant’s existing concrete driveway was installed 34 feet wide (presumably by the builder) in 1977 when the house was built and has remained this way ever since. It does comply with the required side yard setback. City staff sent the applicant a letter stating that his driveway width was non- conforming, and that the new apron would be installed 24 feet wide instead of matching to his existing width. The Zoning Code allows driveway curb cuts for single family homes to be a maximum of 24 feet wide, so the applicant requested a variance for a curb cut to exceed the allowed width. Discusssion: There was no zoning permit issued when the driveway was installed, and there was no variance granted allowing the driveway to be 34 feet wide. Had the builder applied for a permit, he would have been informed that the driveway was not allowed to be 34 feet wide at the street. The driveway itself can be wider – it’s only the curb cut opening that is limited to 24 feet. When Knollwood Drive is completed, the applicant wants his new driveway apron to be installed 34 feet wide. The Zoning Code states that the Planning Commission may issue a variance to provide relief to the landowner in those cases where the Code imposes practical difficulties to the property owner in the use of the property owner’s land. This is true for all variance requests. State statutes require that the governing body review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. A variance may be granted only in the event that all of the following circumstances exist: 8382 Knollwood Drive Variance Appeal Report June 8, 2015 Page 2 a. The variance is in harmony with the general purposes and intent of these regulations. The zoning code limits driveway openings for traffic safety reasons, and for neighborhood aesthetics. Staff feels that limiting the applicant to a 24 foot wide curb cut would not be depriving him of something commonly enjoyed by other properties in the same district. b. The variance is consistent with the Comprehensive Plan. The Comprehensive Plan does not address this specific of an issue, but traffic safety and management is an important function for the City. By limiting the curb cut width, less vehicles can be parked next each other near the street which improves visibility when exiting out of a driveway and the streets are safer. Keeping driveway openings smaller, and consistent in size betters the aesthetics of the neighborhood. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. The driveway is the same width as the 3-car garage. The applicant is requesting to keep the curb cut 34 feet wide for easier access to all three garage stalls. d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. There are no unique circumstances that apply to this property. The applicant did not build this house or install the driveway. He purchased the house with the existing driveway in 1989. e. The variance does not alter the essential character of the neighborhood. The applicant’s neighborhood consists of larger sized lots. The driveway would remain as it has since 1977 and would not change the character of the neighborhood. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. The 10-foot variance is the minimum variance needed in order for the driveway apron to remain the same width as the rest of the driveway. g. The Planning Commission may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Staff has no suggestions for conditions for the variance request. The Planning Commission may add conditions as they see applicable. 8382 Knollwood Drive Variance Appeal Report June 8, 2015 Page 3 May 20, 2015 Planning Commission meeting result: The Planning Commission discussed this case, one neighbor commented, and the Commission ultimately denied the variance by a 4-2 vote. Commissioners Love and Kieffer voted against the denial because they felt it was a reasonable request. Per the Zoning Code, Mr. Horbul had 60 days to appeal the Planning Commission’s denial to the City Council, and opted to do that with a written request submitted to the City on May 21, 2015. Public Comments: Staff has received two written comments in support, and a third neighbor attended the Planning Commission meeting and spoke in favor of the applicant’s request. Council Actions: Consider testimony from staff and the applicant and documentation. If the Council believes that the Planning Commission’s action was appropriate and that the findings contained in Planning Commission Resolution 1027-15 are proper, the Council could approve Version 1 of Resolution 8427. This is a resolution that upholds the Planning Commission denial by rejecting the applicant’s appeal. If the Council finds there is in fact sufficient practical difficulty to justify the applicant’s variance request (thus overturning the Planning Commission’s denial), the Council could approve Version 2 of Resolution 8427. This is a resolution that approves the variance to allow a 34 foot wide driveway curb cut. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial View 3. Narrative from applicant 4. Appeal request from applicant 5. Photo 6. Resolution 1027-15 7. Resolution 8427 Version 1 (Upholding the PC denial) 8. Resolution 8427 Version 2 (Overturning the PC denial) Zoning Map * Properties not indicated with a designation are zoned R-1, Single Family Residential N N Aerial View 34 feet wide Narrative from Applicant Narrative from Applicant Con’t Appeal Request from Applicant Appeal Request from Applicant Continued Appeal Request from Applicant Continued Photos View of front of property The entire driveway is 34 feet wide – the street asphalt and the apron have been removed for reconstruction MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 1027-15 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A VARIANCE FOR A CURB CUT TO EXCEED 24-FEET WIDE AT 8382 KNOLLWOOD DRIVE; PLANNING CASE VR2015-002 WHEREAS, the applicant, Robert Horbul, property owner of 8382 Knollwood Drive, has applied for a variance to allow the curb cut on his property to be 34 feet wide; and, WHEREAS, 8382 Knollwood Drive is zoned R-1, Single Family Residential, and is legally described as follows: Lot 7, Block2, Gustafson’s Addition, Ramsey County, Minnesota PIN: 06-30-23-21-0095 WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Aerial View 3. Photographic Documentation 4. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; and, WHEREAS, the Planning Commission held a duly-noticed public hearing regarding this request on May 20, 2015; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission finds that all of the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are not satisfied, and finds there not to be sufficient practical difficulty with regard to the property located at 8382 Knollwood Drive, and makes the following findings of fact related to its decision: Resolution 1027-15 Page 2 1. Section 1121.09 Subdivision 5b of the Zoning Code states that single-family lots shall be limited to one 24-foot wide curb cut per property. There are no issues with this property that would cause the owner to need a wider curb cut. Limiting the applicant to a 24 foot wide curb cut would not be depriving him of something commonly enjoyed by other properties in the same district. 2. The Comprehensive Plan supports good traffic management for safer vehicle movements on streets. Limiting the width of access points onto a street is one of the ways that the City accomplishes this. Keeping curb cut widths consistent helps with neighborhood aesthetics. 3. Curb cuts for single-family homes that exceed 24 feet are rare and not desired by the City for safety and aesthetic reasons. 4. There are no unique circumstances for this property. The applicant wants to keep the wider curb cut for easier access to the garage. 5. The other single-family properties in the neighborhood with curb cuts that exceed 24 feet will also be corrected when the new aprons are installed, and granting the variance would be materially detrimental to the purpose of the Zoning Code or to other property in the R-1, Single-Family Residential zoning district. 6. Allowing the 34 foot wide curb cut is the minimum variance possible to alleviate what the applicant has stated is his difficulty in needing a curb cut 10 feet wider than what the Zoning Code allows. 7. There are no conditions recommended. NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon the above findings, denies the variance request of Robert Horbul, property owner of 8382 Knollwood Drive, to allow a 34 foot wide curb cut on his property. Adopted this 20th day of May, 2015. ________________________________ Gary Stevenson, Chairperson ATTEST: ________________________________ James Ericson, City Administrator (SEAL) RESOLUTION NO. 8427 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION UPHOLDING THE PLANNING COMMISSION’S DENIAL OF A VARIANCE FOR A CURB CUT TO EXCEED 24-FEET WIDE AT 8382 KNOLLWOOD DRIVE; PLANNING CASE VR2015-002 WHEREAS, the applicant, Robert Horbul, property owner of 8382 Knollwood Drive, has applied for a variance to allow the curb cut on his property to be 34 feet wide; and, WHEREAS, 8382 Knollwood Drive is zoned R-1, Single Family Residential, and is legally described as follows: Lot 7, Block 2, Gustafson’s Addition, Ramsey County, Minnesota PIN: 06-30-23-21-0095 WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Zoning Map & Aerial View 2. Narrative from Applicant 3. Photographic Documentation 4. Planning Commission Resolution 1027-15 5. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; and, WHEREAS, the Planning Commission held a duly-noticed public hearing regarding this request on May 20, 2015; and, WHEREAS, on May 20, 2015, the Planning Commission approved Resolution 1027-15, a resolution denying the variance request by Robert Horbul due to a lack of demonstrated practical difficulty; and, WHEREAS, on May 21, 2015, the applicant submitted a written appeal, requesting that the City Council overturn the Planning Commission’s denial; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the City Council is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. Version 1 Resolution 8427 Page 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council finds that all of the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are not satisfied, and finds there not to be sufficient practical difficulty with regard to the property located at 8382 Knollwood Drive, and makes the following findings of fact related to its decision: 1. Section 1121.09 Subdivision 5b of the Zoning Code states that single-family lots shall be limited to one 24-foot wide curb cut per property. There are no issues with this property that would cause the owner to need a wider curb cut. Limiting the applicant to a 24 foot wide curb cut would not be depriving him of something commonly enjoyed by other properties in the same district. 2. The Comprehensive Plan supports good traffic management for safer vehicle movements on streets. Limiting the width of access points onto a street is one of the ways that the City accomplishes this. Keeping curb cut widths consistent helps with neighborhood aesthetics. 3. Curb cuts for single-family homes that exceed 24 feet are rare and not desired by the City for safety and aesthetic reasons. 4. There are no unique circumstances for this property. The applicant wants to keep the wider curb cut for easier access to the garage. 5. The other single-family properties in the neighborhood with curb cuts that exceed 24 feet will also be corrected when the new aprons are installed, and granting the variance would be materially detrimental to the purpose of the Zoning Code or to other property in the R-1, Single-Family Residential zoning district. 6. Allowing the 34 foot wide curb cut is the minimum variance possible to alleviate what the applicant has stated is his difficulty in needing a curb cut 10 feet wider than what the Zoning Code allows. 7. There are no conditions recommended. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does hearby uphold the decision of the Mounds View Planning Commission to deny Robert Horbul, property owner of 8382 Knollwood Drive, a variance to allow a 34 foot wide driveway curb cut, incorporating herein by reference, the same findings of fact as stated in the Planning Commission’s resolution of denial. Adopted this 8th day of June, 2015. ________________________________ Joe Flaherty, Mayor ATTEST: ________________________________ James Ericson, City Administrator (SEAL) RESOLUTION NO. 8427 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OVERTURNING THE PLANNING COMMISSION’S DENIAL OF A VARIANCE FOR A CURB CUT TO EXCEED 24-FEET WIDE AT 8382 KNOLLWOOD DRIVE; PLANNING CASE VR2015-002 WHEREAS, the applicant, Robert Horbul, property owner of 8382 Knollwood Drive, has applied for a variance to allow the curb cut on his property to be 34 feet wide; and, WHEREAS, 8382 Knollwood Drive is zoned R-1, Single Family Residential, and is legally described as follows: Lot 7, Block 2, Gustafson’s Addition, Ramsey County, Minnesota PIN: 06-30-23-21-0095 WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Zoning Map & Aerial View 2. Narrative from Applicant 3. Photographic Documentation 4. Planning Commission Resolution 1027-15 5. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; and, WHEREAS, the Planning Commission held a duly-noticed public hearing regarding this request on May 20, 2015; and, WHEREAS, on May 20, 2015, the Planning Commission approved Resolution 1027-15, a resolution denying the variance request by Robert Horbul due to a lack of demonstrated practical difficulty; and, WHEREAS, on May 21, 2015, the applicant submitted a written appeal, requesting that the City Council overturn the Planning Commission’s denial; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the City Council is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. Version 2 Resolution 8427 Page 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council finds that all of the criteria as identified in Section 1125.02, Subdivision 2 of the Mounds View Municipal Code are satisfied, and finds there to be sufficient practical difficulty with regard to the property located at 8382 Knollwood Drive, and makes the following findings of fact related to its decision: 1. The owner has an oversize garage where he keeps his trailers parked inside, and wants to keep the wider curb cut to make it easier to back them into the garage. 2. The Comprehensive Plan supports good traffic management for safer vehicle movements on streets. Allowing the wider curb cut makes it easier and quicker for the applicant to back his trailers into his driveway. 3. The applicant will continue to use the wider driveway in a reasonable manner. 4. The driveway was not installed by the applicant, and he only wants to maintain the same width that has been in place for over 35 years for easier access to the garage. 5. Approving the variance would allow the driveway to remain as it has for many years and would not change the character of the neighborhood. 6. Allowing the 34 foot wide curb cut is the minimum variance possible to alleviate the difficulty since that is how wide the driveway is currently. 7. There are no conditions recommended. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council, based upon the above-cited findings of fact, does hearby overturn the decision of the Mounds View Planning Commission as presented in Resolution 1027-15, and does hereby approve the variance as requested to allow a 34-foot wide driveway curb cut, subject to the following conditions: 1. The applicant must complete a Private Improvement Program application and pay $1100.00 for the cost of the additional 10 feet of apron for a concrete driveway by June 10, 2015. Adopted this 8th day of June, 2015. ________________________________ Joe Flaherty, Mayor ATTEST: ________________________________ James Ericson, City Administrator (SEAL) Item No: 7C Meeting Date: May 26, 2015 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 8415, a Resolution Approving an Exemption for CenturyLink to Install and Deploy Aerial Fiber Optic Facilities in Mounds View Backgroun: On May 4, 2015, CenturyLink representatives appeared before the City Council to review a request to be exempted from Mounds View City Code Section 911.05, which requires that all new or repaired utility facilities be located underground. The section of Code does provide the City Council with the discretion to approve an exemption in situations where undergrounding is not technically or economically feasible. CenturyLink asserts that undergrounding is not economically feasible at this time. The Council discussed the issue again at its meeting on May 11, 2015, moving to table the request after hearing testimony from a resident who shared concerns about workmanship and improper installation of the equipment. Direction was provided to meet with CenturyLink and Xcel inspectors to verify that the work was being done consistent with all pertinent requirements before that matter would be reconsidered by the City Council. The Council next discussed the request at their meeting on Tuesday, May 26, 2015. At that time, staff had confirmed that all inspections for previous work had been done and approved by Xcel inspectors and CenturyLink staff. Corrections were made in some areas to minimize the impact of additional guy wires. CenturyLink asked for a clarification on the terms of the exemption, specifically, the aspect that would allow the new fiber optic lines to be hung from poles ONLY in the event the facilities are already sited above ground. Where the facilities are already underground, no exemption would be granted. The company did not support this provision, indicating that there were areas (such as rear-yard easement areas) where it would be impractical and prohibitively expensive to underground the new facilities. The City Council directed staff to once again work with CenturyLink to arrive at a compromise, and postponed action until the June 8th meeting. Discussion: On May 29, 2015, staff met with Aaron Krebs from CenturlyLink in an effort to bring about a mutually agreeable compromise to the exemption terms. Mr. Krebs provided detailed maps and plans illustrating where existing easements were and where the present facilities were located either above or below ground. Aside from the illustrations, Mr. Krebs did not come prepared to compromise on the terms however, suggesting that if required to underground in any area, the company would simply subtract those areas from the project, reducing the number of households that could access the faster connection speeds. CenturyLink Exemption June 8, 2015 Page 2 Subsequent to the meeting with Mr. Krebs, staff has had multiple phone conversations with Patrick Haggerty. Mr. Haggerty expressed a desire to work with the City to reach a compromise but ultimately repeated the sentiment expressed by Mr. Krebs. The City had offered to allow aerial deployment in rear-yard easement areas even if the existing services were located underground in an effort to spur compromise. This concession was appreciated, however nothing further was offered in return from CenturyLink. Recommendation: Before the Council for your consideration is Resolution 8415, a resolution approving an exemption to CenturyLink for the deployment of fiber optic facilities to be hung aerially due to economic considerations, with conditions. The resolution has been expanded to allow for aerial deployment in rear-yard easement areas regardless of where the existing facilities are located, but otherwise, the allowances remain unchanged. The City Council will need to discuss and determine to what extent it is willing to deviate from the City Code which requires utilities to be undergrounded. If the resolution is adopted as presented, the number of households potentially served will drop from the originally proposed 759 to a scaled back number of 360, the difference being those households where existing CenturyLink facilities are located underground, within the public right of way. Respectfully submitted, ________________________ James Ericson City Administrator Attachments: 1. Resolution 8415 RESOLUTION NO. 8415 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN EXEMPTION TO CENTURYLINK TO AERIALLY DEPLOY FIBER OPTIC FACILITIES IN THE CITY OF MOUNDS VIEW WHEREAS, Section 911.05 of the Mounds View City Code requires that “permanent replacement, relocation or reconstruction of utilities be located and maintained underground; and, WHEREAS, Section 911.05 of the Code provides discretion to the City Council to allow exemptions to the requirements in situations where undergrounding is not technically or economically feasible; and, WHEREAS, CenturyLink asserts that it would not be economically feasible to deploy fiber facilities underground while their copper facilities would remain above ground and requested Council support for the exemption pursuant to Section 911.05; and, WHEREAS, the City Council agrees that economic feasibility challenges would exist and persist by maintaining two separate and redundant facilities in the City, one above ground and the other below ground. NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council approves an exemption for CenturyLink, pursuant to its authority to do so in Section 911.05 of the Mounds View City Code, to allow for fiber optic facilities to be deployed aerially in the City, subject to the following: 1. CenturyLink, its subsidiaries, contractors, or subcontractor working on the company’s behalf, shall obtain Right of Way Permits from the City for each contiguous build out area, shall pay the required fees and shall work in compliance with all permit and City Code requirements. 2. This exemption shall not apply where CenturyLink’s facilities are already located underground or where CenturyLink facilities do not presently exist, except where CenturyLink’s facilities are located in rear yard easement areas where utility poles already exist. 3. This exemption shall not supersede or take precedence over any subsequent lawful action that would otherwise require undergrounding of utilities. 4. This exemption only applies to the proposed work being conducted in 2015. Adopted this 8th day of June, 2015. _______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, City Administrator (seal) City of Mounds View Standard Perfomance Measures For the Year Ended December 31, 2014 2013 2014 General Percent change in the taxable property market value.-4.244%-1.672% Nuisance code enforcement cases per 1,000 population.31.43 60.58 Bond rating.AA-3 AA-3 Accuracy of post election audit. (% of ballots counted accurately) (2012, 2014 General Election)Not selected for audit Not selected for audit Police Services Part I crime rates (total incidents 2013-383, 2014-448)3,052 3,588 Part II crime rates (total incidents 2013-602, 2014-545)4,772 4,364 Part I crime clearance rates 15%17% Par II crime clearance rates 58%55% Average police response time all incidents.4.4 minutes 4.4 minutes Fire and EMS Services Insurance rating.ISO 3 ISO 3 Average fire response time. Emergency calls - weekdays (staffed)6 minutes 6 minutes Emergency calls - nights and weekends (volunteers)7 minutes 7 minutes Non-emergency calls - weekdays (staffed)8.3 minutes 8.3 minutes Non-emergency calls - nights and weekends (volunteers)10.5 minutes 11 minutes Fire calls per 1,000 population.16.45 16.16 The Fire Department is not the primary EMS provider they assist Police and Ambulance when called. Streets Average city street pavement condition rating.73 78 Expenditures for road rehabilitation per paved lane mile rehabilitated.1,094,505$ 1,279,414$ Percentage of all jurisdiction lane miles rehabilitated in the year. 1.836/43.33 6.92%4.24% Average hours to complete road system during snow event.6 hours 5.5 hours Water Operating cost per 1,000,000 gallons of water pumped/produced.2,540.37$ 2,676.67$ Sanitary Sewer Number of sewer blockages on city systerm per 100 connections zero zero Population (per U.S. Census, per Metopolitan Council)12,155 12,314 As additional information is collected the City will establish outcome measures that will assist in assessing whether community goals are being met. City of Mounds View Standard Perfomance Measures For the Year Ended December 31, 2013 2013 General Percent change in the taxable property market value.-4.244% Nuisance code enforcement cases per 1,000 population.31.43 Bond rating.AA-3 Accuracy of post election audit. (% of ballots counted accurately)(2012 General Election)Not selected for audit Police Services Part I crime rates (total incidents 383)3,052 Part II crime rates (total incidents 602)4,772 Part I crime clearance rates 15% Par II crime clearance rates 58% Average police response time all incidents.4.4 minutes Fire and EMS Services Insurance rating.ISO 3 Average fire response time. Emergency calls - weekdays (staffed)6 minutes Emergency calls - nights and weekends (volunteers)7 minutes Non-emergency calls - weekdays (staffed)8.3 minutes Non-emergency calls - nights and weekends (volunteers)10.5 minutes Fire calls per 1,000 population.16.45 The Fire Department is not the primary EMS provider they assist Police and Ambulance when called. Streets Average city street pavement condition rating.73 Expenditures for road rehabilitation per paved lane mile rehabilitated.1,094,505$ Percentage of all jurisdiction lane miles rehabilitated in the year. 2.998/43.33 6.92% Average hours to complete road system during snow event.6 hours Water Operating cost per 1,000,000 gallons of water pumped/produced.2,540.37$ Sanitary Sewer Number of sewer blockages on city systerm per 100 connections zero As additional information is collected the City will establish outcome measures that will assist in assessing whether community goals are being met. Item No: 7.D. Meeting Date: June 8, 2015 Type of Business: Council Business City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 8425 Adopting and Reporting Performance Measures Background: The legislature created the Council on Local Results and Innovation in 2010. (CLRI) The CLRI created standardized performance measures that will aid residents, taxpayers, and state and local elected officials in determining the efficacy of cities in providing services. Participation in the standard measures program is voluntary. Discussion and Recommendation: To participate, a city must adopt, implement, and publish a minimum of 10 performance measures as provided by the CLRI. The City of Mounds View already maintains a number of the standard performance measures and will add more in the future. The standard measures will be published on the City’s website and in the next edition of Mounds View Matters. The City will also be eligible for reimbursement of $.14 per capita or $1,701.70 for participation in the program. Attached is resolution 8425 and the list of standard performance measures that the City Council will adopt. Staff recommends approval. Respectfully submitted, ___________________________ Mark Beer RESOLUTION NO. 8425 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ADOPTING AND REPORTING PERFORMANCE MEASURES WHEREAS, Benefits to the City of Mounds View for participation in the Minnesota Council on Local Results and Innovation’s comprehensive performance measurement program are outlined in MS 6.91 and include eligibility for a reimbursement as set by State statute; and WHEREAS, Any city/county participating in the comprehensive performance measurement program is also exempt from levy limits for taxes, if levy limits are in effect; and WHEREAS, The Mounds View City Council has adopted and implemented at least 10 of the performance measures, as developed by the Council on Local Results and Innovation, and a system to use this information to help plan, budget, manage and evaluate programs and processes for optimal future outcomes. NOW THEREFORE LET IT BE RESOLVED THAT, The Mounds View City Council will continue to report the results of the performance measures to its citizenry by the end of the year through publication in the quarterly Mounds View Matters news letter, posting on the city’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED, The Mounds View City Council directs staff to submit to the Office of the State Auditor the actual results of the performance measures adopted by the city. Adopted this 8th Day of June, 2015. _______________________________ Joe Flaherty, Mayor (ATTEST) _______________________________ Jim Ericson, City Administrator (SEAL) Item No: 7F Meeting Date: June 8, 2015 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: First Reading and Introduction of Ordinance 903, an Ordinance Amending Chapter 701 to Add Provisions for the Keeping and Raising of Poultry and Fowl in Certain Residential Districts Introduction: Over the last few years, Council members have been asked to amend the City Code to allow residents to keep chickens in their backyards. With urban chickens and urban farming a frequent topic in cities and suburbs across the country, the City Council has been asked once again to consider the potential for something similar here in Mounds View. At the May 4, 2015, Work Session, the Council heard testimony from Deb Nygaard and other residents encouraging the Council to consider amending the Code to allow for the keeping and raising of chickens. The Council directed staff to prepare language for consideration. City Code reference: The Mounds View City Code defines farm animals in Section 701.03 as follows: Subd. 2. FARM ANIMALS. Those animals commonly associated with a farm or an agricultural setting. Unless otherwise defined, farm animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys, pheasants), fowl (ducks, geese), swine (including Vietnamese pot- bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable. Later in this same Chapter, Section 701.06 prohibits farm animals as follows: Subd. 1. Nuisance Declared: It is hereby declared to be unlawful and a public nuisance affecting the public peace, safety, and welfare for an owner within the City to keep or raise any farm animal unless the animal is currently being kept or raised on the date of the enactment of the ordinance. Discussion: Based on discussion at the May work session and subsequently at the May 26th Council meeting, Staff has prepared Ordinance 903 which incorporates all of the proposed conditions and restrictions. A new permit fee of $100 with annual renewals of $30 is being proposed, however those fees will need separate Council action. As stated in the ordinance, the resident would need to submit an application with the fee, a site plan, a coop plan (and separate coop permit if necessary) and a consent form signed by adjacent neighbors. Staff would interpret “adjacent” to mean any property adjoining or situated such that the subject backyard area is in full view, which could include lots across a street in the case of corner lots. Ordinance 903 June 8, 2015 Page 2 The City Council would consider all new applications and may hold a public hearing in the event complaints have been filed on the property or any neighbor objects to the request. Permit renewals would be administratively approved absent complaints, objections or related nuisance violations. The ordinance incorporates the following conditions and restrictions: • No more than 8 poultry or fowl would be permitted • R1 / R2 residentially zoned properties only • No roosters would be allowed • Annual permit and fee required, inspection as deemed necessary. • Written consent of neighbors • No slaughtering / beheading on premises. • Birds must wear leg bands with owner’s contact information. • Yards shall be fenced, birds confined to property. • Coops shall be located at least 20 feet from a lot line and at least 20 feet from house • Coops shall be maintained in a clean and sanitary manner. • Coops shall be considered an accessory building, permit required. • Permit can be revoked/denied by the Council for cruelty, negligence or nuisance. Recommendation: Staff recommends the City Council consider the first reading and introduction of Ordinance 903, an ordinance which amends Chapter 701 of the City Code to allow the raising and keeping of poultry and fowl on certain residential properties subject to the noted conditions. If the Council feels additional changes are necessary, these can be made prior to the public meeting and second reading, which is presently scheduled for June 22, 2015. (A meeting notice has been sent to the Sun Focus for publication on June 12, 2015.) Respectfully submitted, ________________________ James Ericson City Administrator Attachments: 1. Ordinance 903 ORDINANCE 903 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 701 OF THE MOUNDS VIEW CITY CODE TO ADD PROVISIONS FOR THE KEEPING AND RAISING OF POULTRY AND FOWL IN CERTAIN RESIDENTIAL DISTRICTS The City of Mounds View ordains: SECTION 1. The City Council of the City of Mounds View hereby amends Title 700, Chapter 701, of the Mounds View Zoning Code by deleting the stricken language and adding the underlined text as follows: 701.06: RAISING/KEEPING DOMESTIC OR FARM ANIMALS: Subd. 1. Nuisance Declared: It is hereby declared to be unlawful and a public nuisance affecting the public peace, safety, and welfare for an owner or resident within the City to keep or raise any farm animal unless the animal is currently being kept or raised on the date of the enactment of the ordinance, except as noted below. a. Residents on properties zoned single and two family residential may be permitted to keep and raise up to eight (8) poultry and/or fowl under the following conditions and restrictions: (1) Residents seeking approval to keep and raise poultry and/or fowl shall submit an application, application fee, neighbor consent form, site plan and coop specifications incorporating generally held best practices. Initial applications shall be considered by the City Council which may hold a public hearing on the matter. Renewals may be approved administratively unless the City has received substantiated complaints or related violations have been noted during the previous year. (2) Coop structures shall be set back at least twenty (20) feet from property lines and the subject home; coops shall only be located in rear yards. New coops shall require a permit and shall be considered an accessory building subject to all other conditions referenced in Section 1106.06 of the Zoning Code. (3) Coops and the subject property shall be maintained in a clean and sanitary manner and may be subject to City inspection as may be deemed necessary. (4) Backyard areas within which poultry and/or fowl are allowed to roam shall be fenced to confine said birds to subject property. (5) Roosters shall not be permitted under any circumstances. (6) No slaughtering or beheading shall be permitted on the subject premises. (7) Poultry and fowl shall be fitted with leg bands containing information sufficient to demonstrate ownership. (8) Food shall be stored in a watertight, rodent-proof container. (9) Permits are valid for one year and shall be renewed annually. Permits may be revoked or denied by the City Council based on cruelty, negligence or nuisance. In such event, the property owner shall be provided with an opportunity to be heard. 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 June 22, 2015, the City Council adopted Ordinance 903 that amends Chapter 701 of Mounds View Municipal Code to provide for limited and controlled raising and keeping of Poultry and Fowl on single and two-family residential properties. Residents would be limited to no more than eight such birds restricted to backyard areas. 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 takes effect 30 days after its publication in the official City newspaper. INTRODUCTION AND FIRST READING: June 8, 2015 SECOND READING AND ADOPTION: June 22, 2015 PUBLICATION DATE: July 3, 2015 _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (seal) Ordinance 903 Page 2 Item No: 08A Meeting Date: June 8, 2014 Type of Business: CA Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 8426, Approving Mounds View Business Licenses for the Period of July 1, 2015, to June 30, 2016 Revised Resolution as of June 8, 2015 at 10:15am All City of Mounds View business licenses will expire on June 30, 2015. Staff is recommending that the Council approve business licenses for the businesses listed in Resolution 8426 contingent upon the City’s receipt of the appropriate fees, applications, proof of insurance and satisfactory reports from the appropriate departments and organizations. Respectfully Submitted, ________________________ Desaree Crane RESOLUTION 8269 8426 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A Resolution Approving Business Licenses for 2015-2016 WHEREAS, all City of Mounds View Business Licenses expire June 30, 2015; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of the business licenses for the businesses listed in Exhibit A contingent upon the City’s receipt of the appropriate fees, application materials, proof of insurance and satisfactory reports from the appropriate City departments, Ramsey County Health Department and the Fire Marshal. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve business licenses for the businesses listed in Exhibit A contingent upon the City’s receipt of the appropriate fees, application materials, proof of insurance and satisfactory reports from the appropriate City departments, Ramsey County Health Department and the Fire Marshal. NOW, THEREFORE, BE IT FURTHER RESOLVED that the time period for these licenses will be from July 1, 2015 to June 30, 2016. Adopted this 8th day of June, 2015. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (seal) EXHIBIT A Local Company License Local Address ABC Liquor Cigarette and Tobacco License 2840 Highway 10 Ace Solid Waste, Inc Garbage and Rubbish Hauler License Anoka, MN Allied Waste Systems Garbage and Rubbish Hauler License Circle Pines, MN Aspen Waste Systems, Inc. Garbage and Rubbish Hauler License Minneapolis, MN Big Top Discount Liquors Cigarette and Tobacco License 2577 County Rd 10 Bode, Jennifer Residential Kennel License 3033 Woodale Drive Burger King #4116 Restaurant License 2651 County Rd I Caribou Coffee Restaurant License 2585 County Rd 10 Carlson, William Neitz, Georganne Residential Kennel License 8041 Long Lake Road Dominos Pizza Restaurant License 2548 County Rd 10 El Loro Restaurant License 2535 County Rd 10 Holiday Gasoline License 2732 County Rd 10 Holiday Cigarette and Tobacco License 2732 County Rd 10 Keith Krupenny & Son Garbage and Rubbish Hauler License West St. Paul, MN Tiffany Lenew and Amanda Preciado Residential Kennel License 8030 Long Lake Road Little Caesars Restaurant License 2581 County Rd 10 Louisiana PoBoy’s Restaurant License 2213 County Road 10 Moe’s Amusement Devices and Centers License 2400 County Rd 10 Moe’s Restaurant License 2400 County Rd 10 Nitti Sanitation, Inc. Garbage and Rubbish Hauler License Mendota Heights, MN Taco Bell Restaurant License 2219 County Rd 10 McDonald's Restaurant License 2201 County Rd 10 Pink Flower Vietnamese Restaurant Restaurant License 2563 County Rd 10 R.J. Riches Restaurant Restaurant License 2145 Highway Avenue Randy's Sanitation Garbage and Rubbish Hauler License Delano, MN Ray Anderson & Sons Co. Inc. Garbage and Rubbish Hauler License St. Paul, MN Republic Services Garbage and Rubbish Hauler License Blaine, MN Rolland, Diane and Rachel Residential Kennel License 7768 Woodlawn Drive Saturn of St. Paul (d.b.a. Rydell Auto Outlet) Automobile Sales License 2375 County Rd 10 Local Company License Local Address Seehafer, Wayne Residential Kennel License 8009 Red Oak Drive Sham-O-Jets Kennels Commercial Dog Kennel 7700 Long Lake Rd SNAP Market Cigarette and Tobacco License 2408 County Rd I Stehlo, Benjamin Residential Kennel License 2228 Hillview Road SuperAmerica #4264 Cigarette and Tobacco License 2640 County Road I SuperAmerica #4264 Gasoline License 2640 County Road I Subway Restaurant License 2546 County Rd 10 The Mermaid Amusement Devices and Centers License 2200 County Rd 10 The Mermaid Restaurant License 2200 County 10 The Mermaid Bowling License 2200 County 10 Tobacco View Cigarette and Tobacco License 2359 County 10 The Station Gasoline License 2280 County Rd I The Station Cigarette and Tobacco License 2280 County Rd I Tony’s Sandwich King Restaurant License 2546 County Rd 10 Twin City Refuse Garbage and Rubbish Hauler License St. Paul, MN VASKO Solid Waste Garbage and Rubbish Hauler License 309 Como Avenue Veit Corporation Garbage and Rubbish Hauler License Rogers, MN Veolia ES Garbage and Rubbish Hauler License St. Paul, MN Vino & Stogies (to include the Mounds View Cigar Shop) Cigarette and Tobacco License 2345 County Road H2 Walgreens #06447 Cigarette and Tobacco License 2387 County Rd 10 Walter's Recycling and Refuse Garbage and Rubbish Hauler License Circle Pines, MN Waste Management of Minnesota Garbage and Rubbish Hauler License Blaine, MN Wysong, Debra Residential Kennel License 7063 Knollwood Dr Wynnsong 15 Amusement Devices and Centers License 2430 County Rd 10 EXHIBIT A Item No: 11B1 Meeting Date: June 8, 2015 Type of Business: Reports Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Update on Brewpubs. Breweries and Taprooms Discussion: Per the City Council’s direction, Staff is 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. 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. Currently Section 502.04, subd. 2(b) of the Mounds View City Code relating to Intoxicating Liquor states: Subd. 2. Places Ineligible for License: b. No intoxicating liquor or wine license shall be granted for any premises that has a property line within five hundred (500) feet of a property line of any school or church located in Mounds View except that the five hundred (500) feet restriction shall not apply and a license may be granted for any licensed premises that receives at least sixty percent (60%) of its annual gross sales revenue from the sale of food. The licensee must provide evidence to the City on an annual basis as part of the license renewal process that the licensee has complied with the minimum sixty percent (60%) food sales requirement of this Section. Failure to comply with the minimum sixty percent (60%) food sales requirement of this Section shall be cause for suspension, revocation or denial of renewal of the license. (Ord. 582, 5-28-96; Amended, Ord. 843, 5- 20-10) Item 11B(1) Monday, June 8, 2015 Page 2 As currently stated in the City’s Liquor Code, this would limit locations for breweries microbreweries and taprooms in Mounds View. For example: Crossroad Pointe: Crossroad Pointe is located within 500 feet of a school building (school building near the movie theatre). Under the current liquor code, Crossroad Pointe would only be allowed to have a Brewpub because Brewpubs sell food. Breweries, Microbreweries, and Taproom s would not be an allowed use under the City’s current liquor code. Mounds View Square: Depending on the location of the Brewery, Microbrewery and Taproom in Mound s View Square, Sunrise Methodist Church could be considered within 500 feet of Mounds View Square. Silverview Plaza: Silverview Plaza does have a school in their location. However, Silverview Plaza may be limited in the size of their Brewpub because they may not have enough parking spaces. Under the current liquor code, breweries, microbreweries and taprooms would not be considered an allowed use. Staff needs direction on: 1. Is the City Council open to revising section 502.04 subd 2(b) to allow breweries, microbreweries and taprooms within 500 feet of any school or church? 2. It is not clear in the City Code of how Staff should measure 500 feet. Is it property line to property line or front door to front door? On April 9, 2007, the City Council denied Aldi’s an Off Sale 3.2 Malt Liquor License due to their location in proximity of Sunrise Methodist Church. However, Big Top Liquor is located in the same building as Aldi’s (Mounds View Square), and they have an active liquor license. Attached is the April 9, 2007, City Council Minutes for your reference. According to the attached Minutes, it was the City Attorney’s opinion that the measurement is at the discretion of the City Council. In addition, Staff would like direction on whether the City Council would be open to allow brewpubs, breweries and microbreweries to sell growlers, to include selling them on Sundays. The legislature just passed the law last month to allow growlers to be sold on Sundays. Currently, for an additional $200 fee, On-Sale Intoxicating Liquor establishments can sell liquor on Sundays (for example El Loro, Moe’s, and The Mermaid sell liquor on Sundays). Off- Sale Liquor establishments are not allowed under state law to sell liquor on Sundays. Cities create an Off-Sale Growler License in order to be able to sell them on Sundays. Fees Staff is currently looking at fees for these types of licenses. Staff has research a number of cities and this is what Staff has found thus far in the chart below. Item 11B(1) Monday, June 8, 2015 Page 3 CITY FEE Brooklyn Center On Sale Brewer Taproom: $600/year On-Sale Sunday: $200/year Delano Growler (Off Sale): $250/year Taproom (less than $25,000 in sales): $1,000/year Taproom (greater than $25,000 in sales): $2,500/year Taproom Sunday Sales: $100/year Elk River Brew Tap Room: $225/year Brewpub/Microbrewer Off Sale: $200/year Lino Lakes On Sale Brewer Taproom: $500/year Off Sale Growler: $200/year Minneapolis On Sale Taproom: Varies from $1,175 to $5,384 (depending on size and sales) Off Sale Liquor – Growler: $1,500/year Roseville On Sale Brewery Taproom: $3,000/year Willmar On Sale Taproom: $150/year Off Sale Taproom: $150/year Staff will continue to research fees and report back to the City Council at a later date. In accordance with the City Charter, these fees will need to be approved by the City Council by public hearing, and added to the 2015 Fee Schedule. Respectfully submitted, Desaree Crane