HomeMy WebLinkAboutAgenda Packets - 2010/04/26
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, April 26, 2010
7:00 p.m.
REVISED AS OF MONDAY, APRIL 26, 2010, AT 10:30 A.M.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn
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. Resolution 7609, Proclaiming April 30, 2010 as “Arbor Day”
B. Proclamation – Building Safety Month – May 2010
7. COUNCIL BUSINESS
A. 7:05pm Public Hearing to Consider Resolution 7606, an Interim Use Permit for the
Temporary Tent at The Mermaid, 2200 Highway 10
B. 7:10pm Public Hearing to Consider Resolution 7607, to Approve an Outdoor
Liquor Consumption Endorsement for The Mermaid, 2200 Highway 10
C. Resolution 7605, Authorizing the Hire of Jaren Zech to the Position of Public
Service Officer (PSO)
D. First Reading and Introduction of Ordinance 843, an Ordinance Amending Chapters
502 and 503 of the City Code Relating to Liquor Licenses
E. First Reading of Ordinance 842, Flood Plain Regulation Update
F. Resolution 7608, Approving Insurance Contribution Adjustment for Non-Union
Employees
G. First Reading and Introduction of Ordinance 844, an Ordinance Amending the
Mounds View Municipal Code by Changing all References of “Clerk-Administrator”
to “City Administrator”
8. CONSENT AGENDA
A. Licenses for Approval
B. Schedule a Public Hearing for Monday, May 10, 2010, at 7:05 p.m. for a Conditional
Use Permit for an Oversize Garage for the Property Located at 7406 Spring Lake
Road.
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. March 22, 2010, City Council Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Police Department Quarterly Report
2. Finance Department Quarterly Report
3. Totino’s Italian Kitchen – Voluntary Surrender of Liquor License
C. Reports of City Attorney
12. Next Council Work Session: Monday, May 3, 2010, at 7:00 p.m.
Next Council Meeting: Monday, May 10, 2010, at 7:00 p.m.
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, April 26, 2010
7:00 p.m.
REVISED AS OF MONDAY, APRIL 26, 2010, AT 10:30 A.M.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn
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. Resolution 7609, Proclaiming April 30, 2010 as “Arbor Day”
B. Proclamation – Building Safety Month – May 2010
7. COUNCIL BUSINESS
A. 7:05pm Public Hearing to Consider Resolution 7606, an Interim Use Permit for the
Temporary Tent at The Mermaid, 2200 Highway 10
B. 7:10pm Public Hearing to Consider Resolution 7607, to Approve an Outdoor
Liquor Consumption Endorsement for The Mermaid, 2200 Highway 10
C. Resolution 7605, Authorizing the Hire of Jaren Zech to the Position of Public
Service Officer (PSO)
D. First Reading and Introduction of Ordinance 843, an Ordinance Amending Chapters
502 and 503 of the City Code Relating to Liquor Licenses
E. First Reading of Ordinance 842, Flood Plain Regulation Update
F. Resolution 7608, Approving Insurance Contribution Adjustment for Non-Union
Employees
G. First Reading and Introduction of Ordinance 844, an Ordinance Amending the
Mounds View Municipal Code by Changing all References of “Clerk-Administrator”
to “City Administrator”
8. CONSENT AGENDA
A. Licenses for Approval
B. Schedule a Public Hearing for Monday, May 10, 2010, at 7:05 p.m. for a Conditional
Use Permit for an Oversize Garage for the Property Located at 7406 Spring Lake
Road
9. JUST AND CORRECT CLAIMS
City Council Agenda
Monday, April 26, 2010
Page 2
10. APPROVAL OF MINUTES
A. March 22, 2010, City Council Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Police Department Quarterly Report
2. Finance Department Quarterly Report
3. Totino’s Italian Kitchen – Voluntary Surrender of Liquor License
C. Reports of City Attorney
12. Next Council Work Session: Monday, May 3, 2010, at 7:00 p.m.
Next Council Meeting: Monday, May 10, 2010, at 7:00 p.m.
RESOLUTION NO. 7609
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
PROCLAIMING APRIL 30, 2010 AS “ARBOR DAY”
WHEREAS, the City of Mounds View has been recognized for 28
consecutive years as a Tree City USA Community by the National Arbor Day
Foundation for its commitment to urban Forestry; and
WHEREAS, trees in our City beautify our surroundings, shade our parks
and residents, increase property values, reduce energy use, enhance the
economic vitality of business areas and promote healthier communities; and
WHEREAS, the City will be planting a tree at Groveland Park in
appreciation to Rick Wriskey’s 28 years of service as Mounds View City Forester;
and
NOW, THEREFORE, BE IT RESOLVED that April 30, 2010, be declared
Arbor Day in Mounds View and public-spirited and foresighted citizens be called
upon to assist in the planting of trees now for the use and enjoyment of present
and future generations.
Adopted this 26th day of April, 2010
Joe Flaherty, Mayor
ATTEST:
James Ericson, City Clerk-Administrator
(seal)
Item No: 7A
Meeting Date: April 26, 2010
Type of Business: Public Hearing
Administrator Review: _______
City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Public Hearing to Consider an Interim Use Permit for
a Temporary Outdoor Tent at the Mermaid
Introduction:
In 2003, after completion of the AmericInn Hotel construction and renovation of the existing
facility, the Mermaid erected a temporary outdoor membrane structure for banquets,
receptions and other events. At the time they first installed the tent, there was no zoning
regulations to address such a structure, and is typically the case in Zoning Codes, the
absence of an allowance constitutes a disallowance. In 2004, the City adopted new
provisions for temporary tent structures in business zoned districts, and created an Interim
Use Permit (IUP). The City approved a 5-year Interim Use Permit for the Mermaid’s tent in
March 2005. Since that IUP has expired, the Mermaid has applied to the City for a new IUP
in order to continue using the tent.
Discussion:
The process for reviewing and approving an interim use permit for a temporary outdoor
membrane structure is the same as the process for a conditional use permit. That process
includes staff scheduling a public hearing and sending notices to property owners within 350
feet of the subject parcel.
The specific requirements of the approval process (from the City Code) are:
1. The tent or membrane structure shall comply with all provisions of the Fire Code and
receive an annual fire permit issued by the Fire Marshal.
An annual fire permit is required for this temporary structure. At the time of fire permit
application, the fire marshal will review the application and tent material information, and
conduct an inspection post erection.
2. The property owner shall annually apply for a Zoning Permit, the duration of which cannot
exceed 180 days.
The temporary tent can only be erected for a maximum of 180 days per year as stated in
the International Building Code. The City and the State consider a structure in use for
longer than 180 days a permanent building that would need to meet all building and fire
codes.
3. Adequate parking to accommodate the occupancy shall be provided at a ratio of one
parking space per 40 square feet of tent area. (The City Council may waive the parking
requirement if it can be shown that the site has sufficient existing parking capacity.)
Mermaid IUP Report
April 26, 2010
Page 2
The Mermaid’s overall parking demands are satisfied with the available parking and thus
the City does not need to require any additional parking this time.
4. The structure may not be located in or on a parking lot displacing parking stalls, unless it
can be shown that an adequate amount of parking remains.
The tent is and has been located in a courtyard area that is separate from the parking lot.
The Mermaid’s tent structure is anchored to a concrete pad so the placement is exactly
the same every year and does not violate any setbacks.
5. The tent or membrane structure shall be subject to same building setbacks as the
principal building on the lot. No tent or membrane structure shall be allowed instead of or
without a principal building.
The tent does not encroach into any required setback area.
6. The tent or membrane structure shall be limited in size to 5,000 square feet or 10 percent
of the principal buildings’ square footage, whichever is less.
The tent is 4,200 square feet and is much less than ten percent of the Mermaid floor area.
7. The membrane or cover shall be constructed of a durable reinforced material to withstand
wind and snowloads.
There have been no problems with the tent’s reinforced membrane cover to date. The
membrane is removed during winter months.
8. The structure shall be anchored to the ground.
The tent structure is anchored to the ground as required.
9. The tent or membrane structure shall be maintained in a good condition. Deficiencies
shall be corrected as soon as practicable.
This condition is included in the resolution recommending approval.
10. The IUP can be reviewed at any time by the City if problems arise which would
necessitate revision or termination of the IUP.
This condition is included in the resolution.
11. The IUP would become null and void if the property owner fails to comply with the
provisions of the permit or if the structure is removed for more than a one-year period, or
if the property undergoes a change of ownership.
Again, staff has included this condition in the resolution.
Mermaid IUP Report
April 26, 2010
Page 3
Chapter 1125 Considerations:
Ordinance 735 indicates that a tent IUP application be reviewed similarly to a conditional use
permit as articulated in Chapter 1125 of the Zoning Code. The chapter requires the Planning
Commission and City Council review and address any potential adverse effects that include,
but are not limited to, relationship with the Comprehensive Plan, geographical area involved,
potential depreciation, the character of the surrounding area and the demonstrated need for
such a use. Each of these potential adverse effects is listed below along with responses.
Relationship with the Comprehensive Plan. Having an outdoor temporary membrane
structure at the Mermaid would not be inconsistent with the comprehensive plan, which
guides this parcel as regional commercial planned unit development.
The Geographical Area Involved. The applicant’s property is part of a nine-acre site with a
variety of land uses. The general topography of the site is gently sloping to the south with
little variation. The stormwater from the site is routed to a regional stormwater pond west of
the Mermaid on the north side of County Road H.
Depreciation. Staff is not aware of any property depreciation because of the tent’s
existence.
The Character of the Surrounding Area. The site is prominently located at the corner of
County Highway 10 and County Road H. The tent, however, is located within a courtyard
area and is screened from all sides but the front by the Mermaid and AmericInn buildings. All
of the uses in the general area are commercial or retail with the exception of the Rice Creek
Corridor and Ramsey County open space to the south.
The Demonstrated Need for Such a Use. The applicant has indicated there is a need for the
tent because he is better able to serve his clientele and attract different types of events by
having the tent available for rental. The tent has been a successful addition for the Mermaid
for over five years.
Summary:
The Mermaid has installed the tent in previous years without any issue from a zoning
perspective while satisfying all of the ordinance and code requirements. Since this is the
second application for the tent, City staff believes that the City could approve the request for an
indefinite time period as long as the owner and operator satisfy all the annual conditions.
Given the positive history to date and the fact that the resolution has a provision that allows for
City review of the IUP at any point, staff is comfortable in recommending an open-ended
approval.
The Planning Commission reviewed this request on April 7, 2010 and recommended approval
of the lifetime Interim Use Permit.
Mermaid IUP Report
April 7, 2010
Page 4
Recommendation:
Review the request for the Interim Use Permit to allow an outdoor temporary membrane
structure in the courtyard area at the Mermaid Entertainment and Event Center.
Staff is recommending approval of Resolution 7606, which is attached for your consideration.
If the Council needs more information before taking action, the Council may table the request
pending receipt of the information.
Respectfully Submitted By,
Heidi Heller
Planning Associate
This is a photo of the tent framework without the membrane cover.
Zoning Map
MERMAID &
AMERICINN
Tent
Structure
The Mermaid Site Plan
RESOLUTION NO. 7606
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING AN INTERIM USE PERMIT FOR A TEMPORARY
OUTDOOR TENT STRUCTURE AT THE MERMAID LOCATED AT 2200 COUNTY
HIGHWAY 10; PLANNING CASE NO. IU2010-001
WHEREAS, Dan Hall has applied for an interim use permit for a temporary outdoor
tent structure at the Mermaid, located at 2200 County Highway 10; and,
WHEREAS, the subject property is zoned PUD, Planned unit Development, and has
a Comprehensive Plan future Land Use Map designation of Regional Commercial PUD;
and,
WHEREAS, the Mounds View Zoning Code allows temporary outdoor tent structures
in commercial districts by interim use permit; and,
WHEREAS, the Mounds View Staff, the Planning Commission and City Council
have reviewed the zoning requirements associated with temporary tents in commercial
districts and finds that all conditions are satisfied by this request.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes
the following findings of fact related to the interim use permit request:
1. The request is consistent with the Mounds View Comprehensive Plan. 2. The request is consistent with the Mounds View Zoning Code. 3. The size of the structure is within permitted allowances and meets setback provisions.
4. There have been no complaints filed with the City about the use of the tent in the
previous years.
5. The applicant has sufficiently demonstrated that a need exists for the temporary
outdoor structure.
6. The site has adequate parking area available to satisfy the demands of the
temporary structure and those of the other land uses on the site.
Resolution 7606
Page 2
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View City
Council approves the interim use permit for an outdoor temporary tent structure at the
Mermaid with conditions as follows:
1. The tent or membrane structure shall meet all provisions of the Fire Code and
the applicant shall apply for and receive annual fire permits issued by the Fire
Marshal and receive a satisfactory inspection after tent is assembled each year.
2. The property owner shall annually apply for a Zoning Permit, the duration of
which cannot exceed 180 days in a calendar year.
3. The tent framework and membrane covering shall be maintained in a good
condition. Deficiencies shall be corrected as soon as practicable.
4. The interim use permit can be reviewed at any time by the City if problems arise
that would necessitate revision or termination of the permit.
5. The interim use permit will become null and void if the property owner fails to
meet the provisions of the permit, if the structure is removed for more than a one-
year period, or if the property undergoes a change of ownership.
BE IT FINALLY RESOLVED, that the Mounds View City Council approves the
interim use permit, and it shall remain in force indefinitely so long as the conditions above
and those of the Zoning Code remain satisfied.
Adopted this 26th day of April, 2010.
_____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(SEAL)
Item No: 7B
Meeting Date: April 26, 2010
Type of Business: Council Business
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Clerk-Administrator
Item Title/Subject: Public Hearing to Consider Resolution 7607, Approving an
Outdoor Liquor Endorsement for The Mermaid, 2200
Highway 10
Background:
The Mermaid, located at 2200 Highway 10, has submitted an application for an Outdoor
Liquor Consumption Endorsement. In accordance with 502.04, subd. 8 of the City
Code, a special endorsement to the holder of a regular on-sale liquor or on-wine
license to allow sales and consumption of liquor or wine outdoors when the outside
service is immediately adjacent to and contiguous with the licensed premises. This
special endorsement will need to be issued by the City Council to the licensee by
resolution after a public hearing on the special endorsement is held. This public
hearing was published in the City’s official newspaper.
Discussion:
The Mermaid currently has an On-sale Intoxicating Liquor License on file with the City
and the Minnesota Department of Public Safety. The Mermaid is currently constructing
a patio, located next to the front entrance of the establishment. Attached is a diagram
and pictures of the patio for your reference.
Recommendation:
Staff recommends opening the Public Hearing for public comment. Staff recommends
approval of this endorsement.
Respectfully submitted,
___________________________
Desaree Crane
Assistant City Clerk-Administrator
RESOLUTION 7607
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING AN OUTDOOR LIQUOR ENDORSEMENT
FOR THE MERMAID LOCATED AT 2200 HIGHWAY 10
WHEREAS, The Mermaid has a current On-Sale Intoxicating Liquor License on
file with the City and the Minnesota Department of Public Safety; and
WHEREAS, The Mermaid is requesting to sell intoxicating liquor outdoors; and
WHEREAS, 502.04, subd. Of the City Code, states that the licensee must make
application for the special endorsement to the City and provide site plans which
illustrate the proposed outdoor service area; and
WHEREAS, all necessary applications and plans for the establishment have
been submitted; and
WHEREAS, staff recommends approval of The Mermaid’s Outdoor Liquor
Consumption Endorsement.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
does hereby approve an Outdoor Liquor Consumption Endorsement for The Mermaid,
located at 2200 Highway 10.
NOW, BE IT FURTHER RESOLVED, that this Outdoor Liquor Endorsement for
The Mermaid will expire on June 30, 2010.
Adopted this 26th day of April, 2010.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, Clerk-Administrator
(seal)
Item No: 7C
Meeting Date: April 26, 2010
Type of Business:CB
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Thomas Kinney, Interim Police Chief
Item Title/Subject: Resolution 7605, Authorizing the Hire of Jaren Zech to the
Position of Public Service Officer (PSO)
Background:
On January 25, 2010, the City Council approved Resolution 7568 to approve advertising
and creating an eligibility list for the currently vacant Public Service Officer (PSO) position.
The opening was created due to the resignation of Tyler Martin on January 4, 2010. This
position is a ¾ part time non-sworn employee handling various duties with animals and
code enforcement issues.
Discussion:
The Interim Police Chief met with the Police Civil Service Commission regarding the
procedures for completing the hiring process and a new eligibility list of the following three
names was certified by the commission:
1. Jaren Zech
2. Jason Wong
3. Craig Swalchick
The top candidate on the list is Jaren Zech. A successful background investigation was
conducted on Mr. Zech. Staff from the Police Department has met with Mr. Zech and
recommends he be hired to the position.
Recommendation:
Staff seeks council approval to proceed with appointing Jaren Zech to the position of Public
Service Officer at the step one pay rate according to the AFSCME labor union contract
effective May 3, 2010. The current step one rate of pay is $12.73 per hour.
Respectfully Submitted,
__________________
Thomas Kinney
Interim Police Chief
RESOLUTION NO. 7605
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZING THE HIRE OF JAREN ZECH
TO THE POSITION OF
PUBLIC SERVICE OFFICER (PSO)
WHEREAS, a current opening exists for the part time position of Public Service
Officer and the City Council has tentatively approved filling the position and;
WHEREAS, the Police Civil Service Commission has certified a new current
eligibility list of the top three names and the top candidate on the list is Jaren Zech and;
WHEREAS, staff from the police department have met with Mr. Zech and
recommend he be appointed to the part time position of Public Service Officer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View, Ramsey County, Minnesota does hereby approve the appointment of Jaren Zech to
the part time position of Public Service Officer at the step one rate of pay, $12.73 per hour
effective May 3, 2010.
Adopted this 26th day of April 2010.
____________________________________
Joe Flaherty, Mayor
ATTEST: ____________________________________
James Ericson, Clerk-Administrator
(seal)
Item No: 07D
Meeting Date: April 26, 2010
Type of Business: CB
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Clerk - Administrator
Item Title/Subject: First Reading and Introduction of Ordinance 843, an Ordinance
Amending Chapters 502 and 503 of the City Code Relating to
Liquor Licenses
Introduction:
Staff has been working with the City Attorney for the last few months reviewing Chapters
502 and 503 of the City Code relating to liquor licenses in an effort to make necessary
updates, eliminate confusing or inconsistent provisions and to incorporate new legislation.
Discussion:
The attached ordinance is a comprehensive rewrite of the chapters in question, enough so
that it would have been alternatively appropriate to delete the chapters in their entirety and
adopt brand new chapters. Since some of the language remains, we thought it would be
better to illustrate exactly what has been changed and why, so the Council has a better
understanding of the amendments. The changes are noted below, section by section.
Section 502.01 - Definitions
This section was completely rewritten. Many of the previous definitions were deficient,
inaccurate or outdated. For example, the definition of FOOD was eliminated. The state
requires Sunday sales of liquor to coincide with food sales. While the City can be more
restrictive than the state, it seemed overly controlling to legislate what kind of food a
licensed establishment had to offer on Sundays.
Section 502.02 – License Required
A line of text was deleted at the end of this section regarding types of licenses.
Section 502.03 – License Classifications
There are too many changes in this section to review, so I’ve highlighted a few that are
more than simple language tweaks. In Subd 1, the number of years a club has been in
existence has been reduced from 15 to 3, consistent with MN Statutes. In Subd 2 and
throughout the Code, “drugstores” have been removed as a business that can obtain or
hold a liquor license. Subd 4 indicates that Sunday sales of alcohol must be in conjunction
with the sale of food.
Liquor Code Revisions
April 26, 2010
Page 2
There are many changes in Subd 6 relating to temporary on sale licenses. The reference
to the former golf course property was deleted and the Community Center address was
removed as well, because the City has NEVER required a temporary on sale license in
association with events held at the event center. This Subd allows for such a license to be
held for three consecutive days, the attorney points out that MN Statutes permits up to four
consecutive days. New language in this subdivision indicates that such a license may be
issued for any civic event sponsored or approved by the City.
Subd 7 was deleted because the City has no authorization to issue liquor banquet permits.
Section 502.04 – Eligibility for a License
General language updates.
Section 502.05 – Application for License
General language updates.
Section 502.06 –License Fees
In Subd 2, the annual fee for an off-sale license can be reduced by $100 if the licensee
trains its employees, posts a policy on checking IDs and adopts a written cash award and
incentive program for “catching” underage drinking and a penalty program if an employee
fails a compliance check. These provisions are consistent with MN Statutes.
Section 502.07 – Proof of Financial Responsibility
Additional requirements were added regarding insurance for events held on City property.
Section 502.08 – License Hearing
General language updates.
Section 502.09 – Review and Investigation of Application
General language updates.
Section 502.10 – Effective Date of License
No changes!
Section 502.11 – Conduct of Business, Conditions of License
General language updates. Subdivisions 9 and 10 were recommended to be deleted as
being unnecessary.
Liquor Code Revisions
April 26, 2010
Page 3
Section 502.12 – Hours and Days of Sale
In addition to general language updates, the attorney points out that the State allows
Sunday sales to begin at 10 am. City Code indicates Noon.
Section 502.13 – Prohibited or Restricted Acts
Subd 3 relating to prostitution was deleted, not because it is no longer a concern, but rather
why single out one criminal act?
Section 502.14 – Minors
The revisions to this section eliminate the inconsistencies relating to minors in the liquor
code.
Section 502.15 – Zoning Restrictions
Updated a statute reference.
Section 502.16 – Suspension or Revocation of License
General language updates.
Section 503.01 – Definitions
The definitions relating to 3.2% malt liquor were updated.
Section 503.02 – License required
General language updates.
Section 503.03 – License Classifications
As with the intoxicating liquor license requirements in Chapter 502, drugstores are removed
as a location which can receive such a license. Also similar to Chapter 502, requirements
for a temporary special event license at the event center are deleted. Licenses associated
with city approved or sponsored civic events are permitted.
Section 503.04 – Eligibility for a License
General language updates.
Section 503.05 – Application for License
General language updates.
Liquor Code Revisions
April 26, 2010
Page 4
Section 503.06 – License Fees
General language updates.
Section 503.07 – Proof of Financial Responsibility
Additional requirements were added regarding insurance for events held on City property.
Section 503.08 – Investigation of Application
General language updates.
Section 503.09 – Conduct of Business, Conditions of License
Clarifies language relating to minors, clarifies language relating to lottery tickets, Subds 9
and 10 were deleted as unnecessary and other general language updates.
Section 503.10 – Hours of Sales
Minor tweak replacing beer with 3.2 percent malt liquor here and throughout Chapter 503.
Section 503.11 – Suspension or Revocation of License
This section was clarified and strengthened and made more consistent with the
requirements in Chapter 502.
Summary:
The revisions to Chapters 502 and 503 contemplated in Ordinance 843 have been
recommended by the City Attorney to eliminate inconsistencies, remove invalid or
inappropriate language and to clarify requirements. Staff worked closely with the attorney
on this ordinance and supports its adoption.
Recommendation:
Approve the first reading and introduction of Ordinance 843, an ordinance amending
Chapters 502 and 503 of the Mounds View City Code relation to liquor licenses.
Respectfully submitted,
________________________
James Ericson
Clerk - Administrator
DRAFT
4.16.2010
Page 1
ORDINANCE NO. 843
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 500, OF THE
MOUNDS VIEW CITY CODE REGARDING BUSINESS LICENSE
REGULATIONS
SECTION 1. The City Council of the City of Mounds View hereby amends Title 500,
Chapter 502 of the Mounds View Municipal Code by adding the underlined material and
deleting the stricken material as follows:
502.01: DEFINITIONS:
Subd. 1. Statutes Adopted: For the purpose of the Intoxicating Liquor Act 1, except where
the context otherwise requires, the terms defined in Minnesota Statutes, section
340.07, subdivisions 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 shall have
the meanings given them therein.
Subd. 2. Definition of Terms: When used in this Chapter, the following words and phrases
shall have the meanings ascribed to them in this subdivision:
Subd. 1. 3.2 PERCENT MALT LIQUOR: Malt liquor containing not less than one-half of
one percent alcohol by volume nor more than 3.2 percent alcohol by weight.
Subd. 2. ALCOHOLIC BEVERAGE: Any beverage containing more than one-half of one
percent alcohol by volume.
Subd. 3. BREWER: A person who manufactures malt liquor for sale.
a 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.
Subd. 5. COMMISSIONER: The Commissioner of the Minnesota Department of Public
Safety except as otherwise provided.
Subd. 6. 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:
1 See M.S.A. §340A.101 et seq. for Liquor Act.
DRAFT
4.16.2010
Page 2
a. Has more than 30 members;
b. Has owned or rented a building or space in a building for more than one year
that is suitable and adequate for the accommodation of its members; and
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.
Subd. 7. 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.
Subd. 8. 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 of one percent 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.
b FOOD: A menu consisting of not less than three (3) separate and distinct entrees,
complete with vegetable, salad, rolls or bread and selection of beverages.
c. MINOR: Any person who has not reached the age of nineteen (19) as of their last
birthday.
d. MUNICIPALITY: The City of Mounds View.
Subd. 9. 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.
Subd. 10. HOTEL: An establishment where food and lodging are regularly furnished to
transients and which has:
a. A dining room serving the general public at tables and having facilities for seating
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at least 30 guests at one time; and
b. A minimum of 10 guest rooms.
Subd. 11. INTOXICATING LIQUOR: Ethyl alcohol, distilled, fermented, spirituous, vinous
and malt beverages containing more than 3.2 percent of alcohol by weight.
Subd. 12. 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.
Subd. 13. 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.
Subd. 14. 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.
e Subd. 15. 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.
f. PUBLIC AREA: All areas inside the exterior walls of a restaurant, nightclub or other
establishment which is open to the general public for the sale, service or consumption of food
or liquor. (1988 Code §100.01)
Subd. 16. 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.
Subd. 17. WINE: The product made from the normal alcoholic fermentation of grapes,
including still wine, sparkling and carbonated wine, wine 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 24 percent alcohol by volume for non-
industrial use. Wine does not include distilled spirits.
502.02: LICENSE REQUIRED: No person, except wholesalers or
manufacturers to the extent authorized under State license, shall directly or indirectly deal in,
sell or keep for sale any intoxicating liquor without first having received a license to do so as
provided in this Chapter. Licenses shall be of three (3) kinds: “on-sale, “club” and “on-sale
wine” licenses. (1988 Code §100.02)
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502.03: LICENSE CLASSIFICATIONS:
Subd. 1. On-Sale Intoxicating Liquor Licenses: On-sale intoxicating liquor licenses may
be issued for the sale of intoxicating liquors in hotels, clubs, restaurants, bowling
centers and establishments for the sale of on-sale liquors exclusively exclusive liquor
stores within the number authorized by this Chapter. In addition, an on-sale
intoxicating liquor license may be issued, if approved by the Commissioner of Public
Safety, to a bona fide club which has been in existence for fifteen (15) three (3) years
or more or to a Congressionally charged veterans' organization which has been in
existence for ten (10) years. Such a club or veterans' organization shall be
incorporated in order to be eligible to apply for a license, and the A license issued to
a club shall be for the sale of intoxicating liquors to members and bona fide guests
only except that a club may permit the general public to participate in a wine tasting
conducted at the club under Minnesota Statutes Section 340A.419. The Municipality
City may issue the amount of on-sale intoxicating liquor licenses as authorized in
Minnesota Statutes, sSection 340.11 340A.413, subdivision 5A 1.
Subd. 2. Off-Sale Intoxicating Liquor Licenses: An off-sale intoxicating liquor license
shall be issued only to a proprietor of a drugstore or an exclusive liquor store, the
number of which to be determined by the Council.
Subd. 3. On-Sale Wine Licenses 2: On-sale wine licenses shall may be issued to restaurants
meeting the qualifications of Minnesota Statutes, sSection 340.11 340A.404,
subdivision 20 5 and shall permit only the sale of wine not exceeding fourteen
percent (14%) alcohol by volume, for consumption on the licensed premises only, in
conjunction with the sale of food.
Subd. 4. Sunday Sales Licenses: Special on-sale intoxicating liquor licenses for the sale of
intoxicating liquor on Sunday separate from a regular on-sale intoxicating liquor
license issued pursuant to Section 502.02 of this Chapter shall may be issued to
hotels, restaurants, bowling centers or clubs, as defined in subdivision 501.01(l) of
this Title, which hold an on-sale intoxicating liquor license and have facilities for
serving not less than a seating capacity for at least thirty (30) guests persons at one
time. Intoxicating liquor must be consumed on the premises in conjunction with the
sale of food.
Subd. 5. Bottle Clubs Consumption and Display Permits: Bottle clubs Consumption and
display permits are issued by the Commissioner and regulated by the provisions of
Minnesota Statutes, sSection 340.119 340A.414. Consumption and display permits
issued by the Commissioner must be approved by the City Council before they are
effective. (1988 Code §100.02)
1 See also subdivision 503.03(1)b of this Title for sale of malt liquor.
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Subd. 6. Temporary On-Sale Intoxicating Liquor Special Event Licenses.: A temporary
special event on-sale intoxicating liquor license may be issued to a club, or
charitable, religious or other nonprofit organization which has been in existence for at
least three (3) years, a political committee registered under Minnesota Statutes
Section 10A.14 or a state university in connection with a social event within the City
sponsored by the licensee. The license may authorize the sale of intoxicating liquor
on-sale for not more than three (3) consecutive days and may authorize the sale of
intoxicating liquor on City-owned premises located at 5394 Edgewood Drive and
8290 Coral Sea Street in addition to premises the licensee owns or permanently
occupies. Such license will permit the licensee to dispense intoxicating liquor at any
civic event sponsored or approved by the City. The license may provide that the
licensee may contract for intoxicating liquor catering services with the holder of an
full year on-sale intoxicating liquor license issued by the City or any adjacent
municipality or the holder of a caterers permit issued by the Commissioner of Public
Safety. Licenses under this subdivision are not valid unless first approved by the
Commissioner of Public Safety or unless the licensee contracts for intoxicating liquor
catering services with the holder of a state caterer's permit issued by the
Commissioner of Public Safety. This license shall be required notwithstanding the
requirement of any permit by the state. Proof of financial responsibility is required in
accordance with Code Section 502.07, subdivision 1. (Ord. 591, 10-29-96)
Subd. 7. Temporary Intoxicating Liquor Banquet. In addition to any permit which may be
required by the state, an intoxicating liquor banquet license may be issued only to the
holder of an on-sale intoxicating liquor license issued under subdivision 1 of this
Chapter or to the holder of an on-sale intoxicating liquor license issued by an
adjacent City. Such license will permit the licensee to dispense intoxicating liquor at
any convention, banquet, conference, meeting or social event conducted on the
premises located at 5394 Edgewood Drive and 8290 Coral Sea Street owned by the
City of Mounds View. The licensee must be engaged to dispense intoxicating liquor
at any event held by a person or organization permitted to use the City owned
premises located at 5394 Edgewood Drive and 8290 Coral Sea Street and may
dispense intoxicating liquor only to persons attending the event. The licensee may
not dispense or sell intoxicating liquor to any person attending or participating in an
amateur athletic event held on the City owned premises located at 5394 Edgewood
Drive and 8290 Coral Sea Street. (Ord. 591, 10-29-96)
Subd. 8 7. Outdoor Consumption Endorsement. A special endorsement may be issued by
the City to the holder of a regular on-sale intoxicating liquor or on-sale wine license
to allow sales and consumption of intoxicating liquor or wine outdoors when the
outside service area is immediately adjacent to and contiguous with the licensed
premises. The licensee shall make application for the special endorsement to the City
and provide site plans which illustrate the proposed outdoor service area. The special
endorsement may be issued by the City Council to the licensee by resolution after a
public hearing on the special endorsement is held. The designated outside service
area shall not reduce the number of off-street parking spaces which would be
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required if the licensed premises together with the outside service area were to be
newly constructed in conformity with the City’s zoning code. The City may also
require improvements to the outside service area prior to issuing the special
endorsement, including but not limited to, safety barriers or other enclosures to be
placed around the perimeter of the outside service area in order to protect patrons
from any hazards, including vehicular traffic. (Added, Ord. 771, 4-24-06)
502.04: ELIGIBILITY FOR LICENSE:
Subd. 1. Persons Ineligible for License:
a. A license must be held by an individual person. No license shall be granted to or
held by any corporation, non-profit corporation, partnership, limited liability
company or any other type of entity.
b. No license shall be granted to or held by any person:
(1) Who is a minor under the age of 21.
(2) Who is not of good moral character or and repute.
(3) Who is an alien.
(4 3) Who is or has been convicted, within five (5) years prior to the
application of such license, of a felony or any willful violation of any law of the
United States or the State of Minnesota or of any local ordinance with regard to the
manufacture, sale, distribution or possession for sale or distribution of intoxicating
liquor an alcoholic beverage nor to any person whose license has been revoked for
any willful violation of any such laws or ordinances.
(5 4) Who is has a direct or indirect interest in a manufacturer, brewer or
wholesaler or is interested, directly or indirectly, in the wholesale of intoxicating
liquor or the ownership or operation of any such business, but this shall not prevent
the issuance of a license for leased premises acquired by a manufacturer or
wholesaler prior to November 1, 1933.
(6 5) Who has an interest, directly or indirectly, in any other establishment in
the Municipality City to which a license of the same class has been issued under this
Chapter. (1988 Code §100.06)
Subd. 2. Places Ineligible for License:
a. No license shall be issued to a drugstore until it has operated continuously for two
(2) years prior to the application.
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b a. No intoxicating liquor or wine license shall be granted for operation on any
premises on which taxes, assessments, utility bills or other financial claims of the
Municipality City are delinquent or unpaid.
c b. No intoxicating liquor or wine license shall be granted for any premises that has
a property line within five hundred feet (500') of the a property line of any school or
church located in Mounds View except that the five hundred feet (500') 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 this the license. (Ord. 582, 5-28-96)
d c. No intoxicating liquor or wine license shall be issued to any person in
connection with for any the premises owned by another person to whom a license
may not be granted could not be issued under the provisions of this Chapter or an
owner who is a minor, alien or a person who has been convicted of a crime other than
a violation of Minnesota Statutes, sections 340.07 to 340.40.
e d. No more than one intoxicating liquor or wine license shall be granted to any one
person or for any one place, except an exclusive liquor store, for which a license of
another class has been granted under this Chapter. (1988 Code §100.07)
502.05: APPLICATION FOR LICENSE:
Subd. 1. Contents of Application:
a. Application: Every application for an intoxicating or wine license to sell liquor
shall be verified and filed with the Clerk-Administrator. It shall state the name of the
applicant, applicant’s age, representations as to applicant’s character, references as
may be required, whether the application is for on-sale or off-sale, the business in
connection with which the proposed license licensee will operate, its location,
whether the applicant is owner and operator of the business, how long applicant has
been or is operating a similar business at that place, whether applicant has been or is
operating a similar business at some other location (if so, the name of the
establishment) and such other information as the Council may require, from time to
time.
b. Form: In addition to containing such information, each application for a license
shall be in the form prescribed by the Commissioner of Public Safety.
c. False Statements: No person shall make a false statement in an application.
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Subd. 2. Floor Plan: The application shall provide a floor plan of the interior of all
structures on the premises. Such plan shall show the dimensions and the intended
arrangement and use of all interior space. (1988 Code §100.03)
502.06: LICENSE FEES:
Subd. 1. Payment Required: Each application for an intoxicating liquor or wine license
shall be accompanied by a receipt from the Municipal City Finance
Director/Treasurer for payment in full of the required fee for the license. All fees
shall be paid into the General Fund of the Municipality City. Upon rejection of any
application for a license, the Finance Director/Treasurer shall refund the amount paid
less the amount established by resolution of the City Council for investigation of the
applicant’s qualifications.
Subd. 2. Fees:
a. The annual fee for an on-sale intoxicating liquor license without cabaret, an
on-sale intoxicating liquor license with cabaret and an on-sale wine license shall be
established by resolution of the City Council and shall be paid prior to June 30 of
each year, or one-half (1/2) of the fee may be paid prior to June 30 and the other
one-half (1/2) paid prior to December 31.
b. The annual fee for all other intoxicating liquor licenses shall be established by
resolution of the City Council and shall be paid in full prior to June 30 of each year.
(1988 Code §100.04)
c. The fees required for the temporary licenses described in Section 502.03,
subdivisions 6 and 7 and the special outdoor consumption endorsement described in
Section 502.03, subdivision 7 shall be established by resolution of the City Council
and shall be paid prior to the effective date of the license or endorsement. (Ord. 591,
10-29-96)
d. The annual fee for an off-sale intoxicating liquor license shall be reduced by
$100.00 if at the time of application and before any renewal, the licensee:
1. Agrees to have a private vendor approved by the City train all of its
employees within 60 days of hire and annually thereafter in laws pertaining to
the sale of alcohol, the rules for identification checks, and the responsibilities
of establishments serving intoxicating liquors;
2. Posts a policy requiring identification checks for all persons appearing to
be 30 years old or less; and
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3. Establishes a written cash award and incentive program to award
employees who catch underage drinkers and a written penalty program to
punish employees in the event of a failed compliance check. Failure to abide
by the provisions of this paragraph may result in suspension of the license
until the conditions of the fee reduction are met and may result in suspension
or revocation of the license pursuant to this Chapter.
Subd. 3. Increase of Fees: No intoxicating liquor or wine license fees shall be increased,
except after notice and public hearing by the Council on the proposed increase.
Notice of the proposed increase must be published in the official newspaper and
mailed to all affected licensees at least thirty (30) days in advance of the heating
hearing. (Ord. 475, 10-9-89)
Subd. 4. Refunds: No refund of any license fee shall be permitted except that a pro rata
share of the fee may be refunded to the licensee or the licensee’s estate: if the
business ceases to operate because of destruction or damage; the licensee dies; the
business ceases to be lawful for a reason other than a license revocation; or the
licensee ceases to carry on the licensed business under the license as authorized under
Minnesota Statutes 340A.408. (1988 Code §100.04)
502.07: PROOF OF FINANCIAL RESPONSIBILITY:
Subd. 1. Application: Unless otherwise excepted by this Section, Eeach application for an
intoxicating liquor or wine license shall be accompanied by one (1) of the following
proofs of financial responsibility:
a. Insurance: A certificate that there is in effect an insurance policy issued by an
insurer required to be licensed by Minnesota Statutes Section 60A.07, subdivision 4
or by an insurer recognized as an eligible surplus line carrier pursuant to Minnesota
Statutes Section 60A.206 or pool providing coverage of at least:
(1) Fifty thousand dollars ($50,000.00) for bodily injury to any one (1)
person in any one occurrence and subject to the limit of one (1) person,;
(2) in the amount of oOne hundred thousand dollars ($100,000.00) for
bodily injury to two (2) or more persons in any one (1) occurrence;
(3) and in the amount of tTen thousand dollars ($10,000,00) for injury to
or destruction of property of others in any one (1) occurrence.;
(2 4) Fifty thousand dollars ($50,000.00) for loss of means of support of any
one (1) person in any one (1) occurrence and, subject to the limit for one (1) person,;
and
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(5) oOne hundred thousand dollars ($100,000.00) for loss of means of
support of two (2) or more persons in any one (1) occurrence.
b. Bond: A bond of a surety company with minimum coverages as provided in
subdivision l (a) hereof above.; or
c. Securities Commissioner of Management and Budget Certificate: A certificate of
the State Treasurer Commissioner of Management and Budget that the licensee has
deposited with the State Treasurer Commissioner of Management and Budget one
hundred thousand dollars ($100,000.00) in cash or securities which may legally be
purchased by savings banks or for trust funds having a market value of one hundred
thousand dollars ($100,000.00).
d Subd. 2. Approval by Council: The proof of financial responsibility under this subdivision
shall be approved by the Council and, when required, by the Commissioner of Public Safety.
The Municipal City Attorney shall approve the form of the financial responsibility.
e. Temporary License for Event on City owned premises located at 5394 Edgewood Drive or
8290 Coral Sea Street: As a result of the sale or dispensing of non-intoxicating malt liquor
or intoxicating liquor under a temporary license issued under Section 502.03, subdivisions 6
and 7 for events on City owned premises located at 5394 Edgewood Drive and 8290 Coral
Sea Street the following insurance limits are required: one hundred thousand dollars
($100,000.00) bodily injury each person; two hundred thousand dollars ($200,000.00) each
common cause; one hundred thousand dollars ($100,000.00) property damage each common
cause; one hundred thousand dollars ($100,000.00) loss of means of support; two hundred
thousand dollars ($200,000.00) each common cause; and three hundred thousand dollars
($300,000.00) annual aggregate. On any policy or insurance pool providing coverage
hereunder, the City, shall be named as an additional insured. The license holder under this
paragraph shall hold the City harmless and agree to indemnity the City for acts of the license
holder. (Ord 591, 10-29-96)
Subd. 3. A certificate of insurance, bond or certificate from the Commissioner of
Management and Budget as set forth in Subdivision 1 are required for temporary on-
sale intoxicating liquor licenses. The insurance policy or bond must have the
following coverage: one hundred thousand dollars ($100,000.00) bodily injury each
person; two hundred thousand dollars ($200,000.00) each common cause; one
hundred thousand dollars ($100,000.00) property damage each common cause; one
hundred thousand dollars ($100,000.00) loss of means of support; two hundred
thousand dollars ($200,000.00) each common cause; and three hundred thousand
dollars ($300,000.00) annual aggregate. If the event is to be held on City property,
the City shall be named as an additional insured and the license holder shall agree to
hold the City harmless and indemnify and defend the City for acts of the license
holder.
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Subd. 4. Subdivision 1 does not apply to on-sale wine licensees who by affidavit establish
that they are holders of an on-sale wine license with sales of less than $25,000 for
wine for the preceding year.
Subd. 2 5. Revocation of License: The operation of such off-sale or on-sale intoxicating
liquor or wine business without having on file, at all times, with the Municipality
City proof of financial responsibility required by this Section shall be grounds for
immediate revocation of the license. Notice of cancellation of a current liquor
liability policy shall service as notice of the impending revocation of the license.
(1988 Code §100.03)
502.08: LICENSE HEARING: No issuance of a new intoxicating liquor or wine
license, transfer of an existing license, renewal of an existing license, issuance of temporary
special event or banquet licenses on-sale intoxicating liquor license, Sunday sales license, or
special outdoor consumption endorsements for the sale of intoxicating liquor on-sale or
off-sale, club, Sunday sales or on-sale wine shall be hereafter granted by the Council until a
public hearing has been conducted by the Council after published notice in the official
newspaper at least ten (10) days in advance of the hearing. (1988 Code §100.05) (Ord. 601,
5-12-97; Ord. 771, 4-24-06)
502.09: REVIEW AND INVESTIGATION OF APPLICATION; ISSUANCE OR
DENIAL:
Subd. 1. Investigation of Application; Issuance or Denial: The Council shall investigate all
facts set out in the application. The City must conduct a preliminary background and
financial investigation of all applicants and transfer applicants for on-sale
intoxicating liquor licenses. After such investigation, the Council shall grant or
refuse the application, in its discretion. No off-sale intoxicating liquor license, on-
sale intoxicating liquor license for a club, temporary on-sale intoxicating liquor
license or on-sale wine license shall become effective until it, together with the bond
proof of financial responsibility furnished by the applicant, has been approved by the
Commissioner of Public Safety.
Subd. 2. Report to Commissioner of Public Safety: The Clerk-Administrator shall, within
ten (10) days after the issuance of any on-sale intoxicating liquor or wine license
under this Chapter, submit to the Commissioner of Public Safety the full name and
address of each person granted a license, the trade name, the effective license date
and the date of expiration of the license. The Clerk-Administrator shall also submit
to the Commissioner of Public Safety any change of address, transfer, cancellation,
suspension or revocation of any on-sale license by the Council during the license
period. (1988 Code §100.05)
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502.10: EFFECTIVE DATE OF LICENSE: All licenses shall expire on June 30 of
each year. Each license shall be issued for a period of one (1) year; except, that if a portion
of the license year has elapsed when the application is made, a license may be issued for the
remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a
month shall be counted as one month. (1988 Code §100.04)
502.11: CONDUCT OF BUSINESS; CONDITIONS OF LICENSE:
Subd. 1. Responsibility of Licensee: Every licensee shall be responsible for the conduct of
licensee’s place of business and the conditions of sobriety and order in it. The act of
any employee on the licensed premises authorized to sell and serve intoxicating
liquors shall be deemed the act of the licensee as well, and the licensee shall be liable
to all penalties provided by this Chapter equally with the employee.
Subd. 2. Compliance with Laws: Every license shall be granted subject to the conditions in
the following subdivisions and all other provisions of this cChapter and of any other
applicable chapter of the municipality City Code or state law 3.
Subd. 3. Posting of License: The license shall be posted in a conspicuous place on the
licensed premises at all times.
Subd. 4. Sales Restricted: No on-sale licensee shall sell intoxicating liquor off-sale unless
licensee holds an off-sale liquor license. No off-sale licensee shall sell intoxicating
liquor on-sale or permit the consumption of any liquor on the licensed premises with
the exception of samples authorized by Minnesota Statutes Section 340A.510.
Subd. 5. Place of Business: No license shall be effective beyond the compact and
contiguous space named in the license for which it was granted. (1988 Code §100.08)
Subd. 6. Closing Hours: Every on-sale intoxicating liquor or wine licensee shall be
responsible for the removal of all persons, who are not employees of said licensee,
from the licensed premises within thirty (30) minutes after the sale of intoxicating
liquors is prohibited by law, except those premises that are also licensed as
restaurants under Chapter 505 of this Title or licensed as bowling alleys centers under
Chapter 507 of this Title, and said restaurants or bowling alleys centers are open and
operating subsequent to the prohibition referred to herein, in which case, persons may
remain on said premises. In no event may intoxicating or nonintoxicating 3.2 percent
malt liquor be served or consumed on any licensed premises contrary to law 4.
1 M.S.A. §304A.191 et seq.
2 M.S.A. §340A.101 et seq.
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Subd. 7. Persons on Premises: No person may remain on a premises licensed for on-sale
intoxicating liquors or wine pursuant to this Chapter thirty (30) minutes after the sale
of intoxicating liquors is prohibited by law5 unless said person is the licensee or an
employee of the licensee and is engaged in the business or occupation relative to the
licensed activity.
Subd. 8. Consumption in Parking Lots: No person may loiter or consume or have in their
possession any bottle or receptacle containing intoxicating or nonintoxicating 3.2
percent malt liquors on any premises licensed for the on-sale or off-sale of
intoxicating liquors while outside of the building or structure located on the licensed
premises, including but not limited to parking lots, driveways and landscaped areas,
as well as steps, passageways or vestibules located outside of said building or
structure, except as provided by Sections 502.03, Subdivision 8 7 and 503.03,
Subdivision 1(c). Any person in violation of this subdivision shall be guilty of a
misdemeanor. (Ord. 771, 4-24-06)
Subd. 9. On-Sale Licenses; View into Interior: No on-sale place of business shall be
permitted to have swinging doors or opaque windows.
Subd. 10. View of Sales: All sales shall be made in full view of the public. (1988 Code
§100.09)
502.12: HOURS AND DAYS OF SALES:
Subd. 1. General Restrictions: No on-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 any weekday the days of Monday through Saturday. No
sale of intoxicating liquor shall be made by an off-sale licensee shall be made 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 off-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, or Christmas Day,
December 25, but on the evenings preceding such days, if the sale of liquor is not
otherwise prohibited on such evenings, off-sale may be made until ten o’clock
(10:00) P.M.; except, that no off-sale shall be made on December 24 or after eight
o’clock (8:00) P.M. on December 24th. (Amended, Ord. 717, 7-28-03)
Subd. 2. Sunday Sales: Notwithstanding the provisions of subdivision 1 of this Section,
on-sale establishments restaurants, clubs, bowling centers and hotels with seating
capacities for at least 30 persons and which hold an on-sale intoxicating liquor
licensed to sell intoxicating liquor on Sunday may serve same intoxicating liquor
between the hours of twelve o’clock (12:00) noon and two o’clock (2:00) A.M. on
3 See Section 501.12 of this Chapter for hours of sales.
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Sundays in conjunction with serving the sale of food upon obtaining a Sunday Sales
license from the City. In addition, the City Council may authorize, by license, a
licensee to serve intoxicating liquors between the hours of ten o’clock (10:00) A.M.
and twelve o’clock (12:00) noon on Sunday in conjunction with the serving of food
only to persons seated at tables ordinarily used for dining. Provided, however, that
the licensed establishment is in conformance with the Minnesota Clean Air Act6.
(Ord. 475, 10-9-89; Amended, Ord. 717, 7-28-03)
502.13: PROHIBITED OR RESTRICTED ACTS AND CONDITIONS:
Subd. 1. Sales to Certain Persons Prohibited: No intoxicating liquor shall be sold, served
furnished or delivered for any purpose to any minor person under the age of 21, or to
any person obviously intoxicated or to any of the persons to whom sale is prohibited
by statute.
Subd. 2. Gambling Devices:
a. Except as otherwise provided in this subdivision, Nno licensee shall keep, possess
or operate or permit the keeping, possession or operation of any slot machines, dice
or any gambling device or apparatus on the licensed premises or in any room
adjoining the licensed premises. Licensees shall not permit any gambling therein,
except when in conjunction with an event licensed authorized under by Minnesota
Statutes Chapter 349 and sponsored by a fraternal, religious, veteran or other
nonprofit organization in the City, which has been in existence for at least three (3)
years and has at least thirty (30) active members. Lottery tickets may be purchased
and sold within the licensed premises as authorized by the Director of the State
Lottery under Minnesota Statutes Chapter 349A. Dice may be kept and used on the
licensed premises and adjoining rooms for social dice games as authorized by
Minnesota Statutes Section 609.761, subdivision 4.
b. No licensee shall conduct or permit to be conducted on any licensed premises
“casino” or “Las Vegas” events where guests are allowed to participate in gambling
activities, except when said guests are not required to provide monetary consideration
for the right to participate in the event.
Subd. 3. Prostitution: No licensee shall permit the licensed premises or any room in those
premises or in any adjoining building which are, directly or indirectly, under
licensee’s control, to be used as a resort for prostitutes.
Subd. 4 3. Ownership by Manufacturers or Distillers of Liquor: No equipment or fixture in
any licensed place premises shall be owned, in whole or in part, by any manufacturer
or distiller of intoxicating liquor.
1 M.S.A. §144.411 et seq.
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Subd. 5 4. Refilling and Diluting: No licensee shall sell, offer for sale or keep for sale
intoxicating liquors in any original package which has been refilled or partly refilled.
No licensee shall, directly or through any other person, dilute or in any manner
tamper with the contents of any original package so as to change its composition or
alcoholic content while in the original package. Possession on the licensed premises
by any licensee of any intoxicating liquor in the original package differing in
composition or alcoholic content from the liquor when received from the
manufacturer or wholesaler from whom it was purchased shall be prima facie
evidence that the contents of the original package have been diluted, changed or
tampered with.
Subd. 6 Display Off-Hours: No on-sale liquor establishment shall display liquor, when
open to the public, during hours when the sale of liquor is prohibited by this Chapter.
Subd. 7 5. Federal Wholesale Dealers or Gambling Stamps: No licensee shall apply for or
possess a Federal wholesale liquor dealer special tax stamp or a Federal gambling
stamp.
Subd. 8 6. Ethyl Alcohol or Neutral Spirits: No licensee shall keep ethyl alcohol or neutral
spirits on the licensed premises or permit their use on the premises either alone or
mixed with any other beverage.
Subd. 9 7. Sexual Acts; Indecent Exposure 7: The following acts or conduct on licensed
premises are deemed contrary to public welfare and morals, and therefore, no on-sale
license shall be held at any premises where such conduct or acts are permitted:
a. To employ or use any person in the sale or service of alcoholic beverages in or
upon the licensed premises while such person is unclothed or in such attire, costume
or clothing as to expose to view any portion of the female breast below the top of the
areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.
b. To employ or use the services of any host or hostess while such host or hostess is
unclothed or in such attire, costume or clothing as described in subdivision 9a above.
c. To encourage or permit any person on the licensed premises to touch, caress or
fondle the breasts, buttocks, anus or genitals of any other person.
d. To permit any employee or person to wear or use any device or covering exposed
to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.
e. To permit any person to perform acts of or acts which simulate:
1 See also subdivision 702.01(5)d of this Code.
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(1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation or any sexual acts which are prohibited by law 8.
(2) The touching caressing or fondling on the breast, buttocks, anus or
genitals.
(3) The displaying of the pubic hair, anus, vulva, genitals or the nipple or
areola of the female breast.
f. To permit any person to use artificial devices or inanimate objects to depict any of
the prohibited activities described in subdivision 7 9e above.
g. To permit any person to remain in or upon the licensed premises who exposes to
public view the pubic hair, anus, vulva or genitals, except where said pubic hair,
anus, vulva or genitals are covered with transparent clothing, in the form of pants or
panties, and in addition, where the breast and the pubic hair, anus, vulva and genitals
are covered with transparent clothing.
h. To permit the showing of film, still pictures, electronic reproduction or other
visual reproductions depicting:
(1) Acts or simulated acts of sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation or any sexual acts which are prohibited by
law 9.
(2) Any person being touched, caressed or fondled on the breast, buttocks,
anus or genitals.
(3) Scenes wherein a person displays the vulva or anus or the genitals.
(4) Scenes wherein artificial devices or inanimate objects are employed to
depict or drawings are employed to portray any of the prohibited activities described
above.
(5) To permit any employee or person under contract to perform on the
premises or to dance on any table, bar or other elevated platform, except on a duly
designated stage designed exclusively for the entertainment of patrons of the
premises, said stage to be located at least three feet (3’) from any patron.
1 M.S.A. §617.23 et seq.
2 M.S.A. §617.23 et seq.
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Subd. 10 8. Sale or Consumption in Public or on Public Land or Highways Streets: No
intoxicating liquor shall be sold or consumed in any public place not holding an
on-sale or off-sale license. No liquor shall be sold or consumed on a public highway
street, in an automobile or on public land. (1988 Code §100.10)
502.14: MINORS:
Subd. 1. Employment of Minors: No minor person under the age of 18 shall be employed
in any rooms constituting the place in which permitted to sell or serve intoxicating
liquors are sold at retail on-sale in any on-sale or off-sale establishment. (1988 Code
§100.09)
Subd. 2. Purchase of Liquor; Misrepresentation of Age: No minor person under the age of
21 shall misrepresent their his or her age for the purpose of obtaining liquor. nor shall
the minor No person under the age of 21 shall enter any premises licensed under this
Chapter in order to procure such beverages intoxicating liquor or to consume or
purchase or attempt to purchase or have others purchase for the minor person under
the age of 21 such beverages on licensed premises.
Subd. 3. Inducing Minors Persons Under the Age of 21 to Purchase Liquor: No person
shall induce a minor person under the age of 21 to purchase or procure liquor.
Subd. 4. Procuring Liquor for Minors Persons Under the Age of 21: No person shall give
to, procure or purchase liquor for any minor person under the age of 21 or any other
person to whom the sale of intoxicating liquors is forbidden by law 10. (1988 Code
§100.10)
502.15: ZONING RESTRICTIONS: No license shall be issued for premises located
within the areas restricted against commercial use by Title 1100 of this Code. No license
shall be issued for premises or places in which the sale or use thereof has been prohibited by
the Liquor Act Minnesota Statutes Chapter 340A 11. (1988 Code §100.11)
502.16: SUSPENSION OR REVOCATION OF LICENSE:
Subd. 1. Cause for Suspension: The Council may suspend or revoke any liquor license for
violation of any provision or condition of this Chapter or any State law regulating the
sale of intoxicating liquors 12 and shall revoke such license if the licensee willfully
1 M.S.A. §340A.503.
2 M.S.A. §340A.412, subdivision 4.
1 M.S.A. §340A.101 et seq.
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violates any provision of Minnesota Statutes, Sections 340.07 to 340.40 Chapter
340A or this Chapter.
Subd. 2. Written Notice: Except in the case of a suspension pending a hearing on
revocation, revocation or suspension by the Council shall be preceded by written
notice to the grantee licensee, and a public hearing shall be held. The notice shall
give at least eight (8) days’ notice of the time and place of the hearing and shall state
the nature of the charges against the licensee.
Subd. 3. Suspension Pending Hearing: The Council may, without any advance notice,
suspend any license pending a hearing on revocation for a period not exceeding thirty
(30) days. (1988 Code §100.12)
502.17: VIOLATION OF PROVISIONS: Any person violating any provision of
this Chapter shall be guilty of a Mmisdemeanor. (1988 Code §100. 13)
SECTION 2. The City Council of the City of Mounds View hereby amends Title 500,
Chapter 503 of the Mounds View Municipal Code by adding the underlined material and
deleting the stricken material as follows:
503.01: DEFINITIONS: When used in this Chapter, the following words and phrases
shall have the meanings ascribed to them:
Subd. 1. BEER or 3.2 PERCENT MALT LIQUOR: Any malt beverage with an alcoholic
content of more than one-half of one percent (0.5%) by volume and not more than
three and two-tenths percent (3.2%) by weight. (Ord. 619, 4-27-98)
Subd. 2. BEER 3.2 PERCENT MALT LIQUOR STORE: An establishment used
exclusively for the sale of beer 3.2 percent malt liquor with the incidental sale of
cigars, cigarettes, all forms of tobacco, beverages and soft drinks at retail.
Subd. 3. BONA FIDE CLUB: A club organized for social or business purposes or for
intellectual improvement or for the promotion of sports, where the serving of beer is
incidental to and not the major purpose of the 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:
(a) has more than 30 members;
(b) has owned or rented a building or space in a building for more than one year
that is suitable and adequate for the accommodation of its members; and
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(c) is directed by a board of directors, executive committee, or other similar body
chosen by 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.
Subd. 4. 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.
Subd. 4 5. INTOXICATING LIQUOR: Any ethyl alcohol distilled, fermented, spirituous, or
vinous or malt beverage containing more than three and two-tenths percent (3.2%) of
alcohol by weight.
Subd. 5. MINOR: Any person who has not reached the age of nineteen (19) as of their last
birthday.
Subd. 6. ORIGINAL PACKAGE: The corked bottle or sealed container in which the liquor
is placed by the manufacturer.
Subd. 7. PERSON: Includes a natural person of either sex, co-partnership, corporation and
or association of persons and the agent or manager of any of the aforesaid. The
singular number includes the plural, and the masculine pronoun includes the feminine
and neuter.
Subd. 8. RESTAURANT: A place of which the major business is preparing and serving
lunches or meals to the public to be consumed on the premises. (1988 Code §101.01)
An establishment, other than a hotel, under the control of a single proprietor or
manager, where meals are regularly prepared on the premises and served at tables to
the general public and having a minimum seating capacity for guests as prescribed by
this Code.
503.02: LICENSE REQUIRED: No person, except wholesalers and manufacturers to
the extent authorized by law13, shall deal in or dispose of by gift, sale or otherwise or keep or
offer for sale, any beer 3.2 percent malt liquor within the Municipality City without first
having received a license as hereinafter provided. (1988 Code §101.02)
1 M.S.A. §340.301 et seq.
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503.03: LICENSE CLASSIFICATIONS: Licenses shall be of two (2) kinds: retail
on-sale and retail off-sale.
Subd. 1. On-Sale Licenses:
a. On-sale licenses shall be granted only to bona fide clubs, beer 3.2 percent malt
liquor stores, drugstores, bowling centers, restaurants and hotels where food is
prepared and served for consumption on the premises. On-sale licenses shall permit
the sale of beer 3.2 percent malt liquor for consumption on the premises only. (1988
Code §101.02; 1993 Code)
b. A holder of an on-sale license to sell 3.2 percent malt liquor pursuant hereto, who is
also licensed to sell on-sale wine pursuant to subdivision 502.03(3) of this Title and is
licensed to sell on-sale 3.2 percent malt liquor pursuant to subdivision 503.03,
subdivision 1 (a) and whose gross receipts are at least sixty percent (60%) attributable
to the sale of food, is permitted to sell intoxicating malt liquor at on-sale without an
additional license14. (Ord. 467, 6-26-89; Ord. 619, 4-27-98)
c. Outdoor Consumption Endorsement. A special endorsement may be issued by the
City to the holder of an on-sale 3.2 percent malt liquor license to allow sales and
consumption of 3.2 percent malt liquor outdoors when the outside service area is
immediately adjacent to and contiguous with the licensed premises. The licensee shall
make application for the special endorsement to the City and pay the annual fee for
said endorsement and provide site plans which illustrate the proposed outdoor service
area. The special endorsement may be issued by the City Council to the licensee by
resolution after a public hearing on the special endorsement is held. The designated
outdoor service area shall not reduce the number of off-street parking spaces which
would be required if the licensed premises together with the outside service area were
to be newly constructed in conformity with the City’s zoning code.
The City may also require improvements to the outside service area prior to issuing the
special endorsement, including, but not limited to, safety barriers or other enclosures to
be placed around the perimeter of the outside service area in order to protect patrons
from any hazards, including vehicular traffic. (Ord. 771, 4-24-06)
Subd. 2. Off-Sale Licenses: Off-sale licenses shall permit the sale of beer 3.2 percent malt
liquor at retail, in the original package, for consumption off the premises only. (1988
Code §101.02)
Subd. 3. Temporary 3.2 Percent Malt Liquor Special Events License. A temporary special
event 3.2 percent malt liquor license may be issued for the retail sale of 3.2 percent
malt liquor for consumption on City owned premises located at 5394 Edgewood Drive
and 8290 Coral Sea Street and during the time of the special event. A special event
2 See subdivision 503.05(3) of this Chapter for application procedure for such license.
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license may be issued to a club, or charitable, religious or other non-profit organization
which has been in existence for at lease three (3) years, or to an organization
contributing all of the profits of the sale of 3.2 percent malt liquor to a charity, or to
any business holding an on-sale license to sell 3.2 percent malt liquor issued by the
City or by an adjacent City. The license shall specify the date, time and place and
premises of the special event. A special event 3.2 percent malt liquor license is not
transferable. (Ord. 591, 10-29-96; Ord. 619, 4-27-98)
Subd. 4 3. Temporary On-Sale 3.2 Percent Malt Liquor License/Festival In the Park.
Temporary on-sale 3.2 Ppercent Mmalt Lliquor licenses may be issued to a holder of
an on-sale intoxicating license, 3.2 Percent Malt Liquor license issued under Chapters
502 or 503 of the Municipal Code, or to a club, charitable, religious organization, or
non-profit organization for not more than two (2) consecutive days. Such license will
permit the licensee to dispense 3.2 Ppercent Mmalt Lliquor at the Festival In the Park
Community Festival conducted on the premises located at 2401 Highway 10 at any
civic event sponsored by or approved by the City. The licensee must be engaged to
dispense 3.2 Ppercent Mmalt Lliquor at the event held by a person or organization
permitted to use the premises, and may dispense 3.2 Ppercent Mmalt Lliquor only to
persons attending the event. The licensee may not dispense 3.2 Ppercent Mmalt
Lliquor to any person attending or participating in an amateur athletic event held on
the premises. Proof of financial responsibility will be is required in accordance with
Code Section 503.07, subdivision 1(c). (Ord. 619, 4-27-98)
503.04: ELIGIBILITY FOR LICENSE:
Subd. 1. Persons Ineligible for License; Exceptions: No license shall be granted to any
person:
a. Who is a minor under the age of 21.
b. Who within five years of the license application has been convicted of a felony or
of violating the National Prohibition Act or a willful violation of a federal or any law
of this State or local ordinance relating to the manufacture, sale, distribution, or
possession for sale or distribution of an alcoholic beverage or transportation of
intoxicating liquors 15.
c. Who is has a direct or indirect interest in a manufacturer, brewer or wholesaler of
beer or who is interested in the control of any place where beer is manufactured.
d. Who is an alien or a nonresident of Mounds View unless otherwise directed by the
Council.
1 M.S.A. §340A.101 et seq.
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e d. Who is not of good moral character and repute.
f. Who is or, during the period of this license, becomes a holder of a Federal retail
liquor dealer's special tax stamp for the sale of intoxicating liquor at any place unless
there has also been issued to that person a local license to sell intoxicating liquor at
such place.
g e. Who is not the proprietor of the establishment for which the license is issued.
(1988 Code §101.06)
Subd. 2. Places Ineligible for License; Exceptions:
a. No on-sale or off-sale 3.2 percent malt liquor license shall be granted for sale on
any premises where a licensee has been convicted of a violation of this Chapter or of
the State nonintoxicating or intoxicating liquor law16 or any license hereunder has
been revoked for cause until one (1) year has elapsed after such conviction or
revocation.
b. Commencing January 1, 1975, nNo off-sale 3.2 percent malt liquor license shall be
granted to any premises where an on-sale intoxicating liquor license has been issued by
the Municipality City pursuant to the provisions of Chapter 502 of this Title.
c. No on-sale 3.2 percent malt liquor license shall be issued to any place within fifty
feet (50') of any public school or church with the exception of any place wherein a
license was in continuous operation and established prior to the building of such public
school or church.
d. No off-sale 3.2 percent malt liquor license shall be issued to any place within five
hundred feet (500') of any public school or church with the exception of any place
wherein an off-sale license was in continuous operation and established prior to the
building of such public school or church or such place at onetime held an off-sale
license but said off-sale license had lapsed subsequent to January 1, 1950, and prior to
August 1, 1962; thence such place would be eligible for an off-sale license only,
subject to all conditions imposed by the Council at the time of the reinstatement of said
license relating to hours, lighting, signs and any other conditions imposed for the
protection of the adjoining property owners. (1988 Code §101.07)
503.05: APPLICATION FOR LICENSE:
Subd. 1. Contents of Application; Filing: Every application for a license to sell beer 3.2
percent malt liquor shall be made on a form supplied by the Municipality City and
shall state the name of the applicant, applicant’s age, representations as to the character
1 M.S.A. §340A.101 et seq.
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of applicant, with such references as may be required, applicant's citizenship, whether
the application is for an on-sale or off-sale 3.2 percent malt liquor license, the name
and type of business in connection with which the proposed licensee will operate and
its location, whether applicant is owner and operator of the business, how long
applicant has been in that business at that place and such other information as the
Council may require, from time to time. Applications shall be filed with the Clerk -
Administrator.
Subd. 2. False Statements: It shall be unlawful to make any false statement in an
application. (1988 Code §101.03)
Subd. 3. Special Sales of Malt Liquor: Applications for a license to sell intoxicating malt
liquor on-sale pursuant to the requirements of subdivision 503.03(1)b of this Chapter
shall include documentation to substantiate food sales equal or exceeding sixty percent
(60%) of gross receipts for the twelve (12) month period of November 1 through
October 31 preceding the license issuance date. Documentation shall be by statement
of certified public accountant based upon an audit of sales receipts or other certifiable
records of the business in connection with which the proposed license will operate.
(Ord. 467, 6-26-89)
503.06: LICENSE FEES:
Subd. 1. Payment of Fees: Each application for a license shall be accompanied by a receipt
from the Finance Director/Treasurer for payment in full of the required fee for the
license. All fees shall be paid into the General Fund of the Municipality City. Upon
rejection of any application for a license, the Finance Director/Treasurer shall refund
the amount paid.
Subd. 2. Proration of Fees: All licenses shall expire on December 31 in each year. Each
license shall be issued for a period of one (1) year; except, that if a portion of the
license year has elapsed when the application is made, a license may be issued for the
remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction
of a month shall be counted as one (1) month.
Subd. 3. Annual Fees:
a. The annual fee for an on-sale and an off-sale 3.2 percent malt liquor license shall be
established by resolution of the City Council.
b. The annual fee for a bona fide club or public place, other than an establishment
holding a license to sell intoxicating liquor on-sale, wherein there shall be permitted
the consumption or display of intoxicating liquor shall be established by resolution of
the City Council. Said fee shall be paid to the Finance Director/Treasurer before
January 1 of each year, and if a portion of a year has elapsed when payment is made, a
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pro rata fee shall be paid. In computing such fee, any unexpired fraction of a month
shall be counted as one (1) whole month. The Finance Director/Treasurer shall issue a
written receipt which shall be posted in some conspicuous place upon the premises
alongside the permit issued by the Commissioner of Public Safety. (1988 Code
§101.04)
c b. No additional license fee shall be required of a licensee who sells intoxicating
malt liquor on-sale pursuant to the requirements of subdivision 503.03(3), subdivision
1 (b) of this Chapter. (Ord. 467, 6-26-89)
d c. The fees for a temporary non-intoxicating special events license temporary on-sale
3.2 percent liquor licenses shall be established by resolution of the City Council. (Ord.
591, 10-29-96)
Subd. 4. Increase of Fees: No nonintoxicating 3.2 percent malt liquor license fee shall be
increased, except after notice and public hearing by the Council on the proposed
increase. Notice of the proposed increase must be published in the official newspaper
and mailed to all affected licensees at least thirty (30) days in advance of before the
date set for the hearing. (Ord. 476, 10-9-89)
Subd. 5. Refunds: No part of the fee paid for any license issued under this Chapter shall be
refunded, except in the following instances upon application to the Council within
thirty (30) days from the happening of the event. There shall be refunded a pro rata
portion of the fee for the unexpired period of the license, computed on a monthly basis,
when operation of the licensed business ceases not less than one (1) month before
expiration of the license because of:
a. Destruction or damage of the licensed premises by fire or other catastrophe.
b. The licensee’s illness.
c. The licensee’s death.
d. A change in the legal status of the Municipality City making it unlawful for the
licensed businesses to continue. (1988 Code §101.04)
503.07: PROOF OF FINANCIAL RESPONSIBILITY:
Subd. 1. Unless otherwise excepted by this Section, Eeach application for an on-sale or off-
sale 3.2 percent malt liquor license shall be accompanied by one (1) of the following proofs of
financial responsibility:
Subd. 1. a. Certificate of Insurance: A certificate that there is in effect an insurance policy
issued by an insurer required to be licensed by Minnesota Statutes Section 60A.07,
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subdivision 4 or by an insurer recognized as an eligible surplus line carrier pursuant to
Minnesota Statutes Section 60A.206 or pool providing coverage of at least:
a 1. Fifty thousand dollars ($50,000.00) for bodily injury to any one (1) person in any
one (1) occurrence and subject to the limit of one (1) person,;
2. in the amount of oOne hundred thousand dollars ($100,000.00) for bodily injury to
two (2) or more persons in any one (1) occurrence;
3. and in the amount of tTen thousand dollars ($10,000.00) for injury to or destruction
of property of others in any one (1) occurrence.;
b 4. Fifty thousand dollars ($50,000.00) for loss of means of support of any one (1)
person in any one (1) occurrence and, subject to the limit for one (1) person,; and
5. oOne hundred thousand ($100,000.00) for loss of support of two (2) or more
persons in any one (1) occurrence.
b. Bond: A bond of a surety company with minimum coverages as provided in
Subdivision 1 (a) above; or
c. Commissioner of Management and Budget Certificate. A certificate of the State
Commissioner of Management and Budget that the licensee has deposited with the
Commissioner of Management and Budget $100,000 in cash or securities which may
legally be purchased by savings banks or for trust funds having a market value of
$100,000.
c. Subd. 2. Temporary On-Sale 3.2 Percent Malt Liquor License. Temporary license for
event on City owned premises located at 5394 Edgewood Drive and 8290 Coral Sea Street. As
a result of the sale or dispensing of non-intoxicating malt liquor or intoxicating liquor under a
temporary license issued under Section 503.03, subdivision 3 for events on City owned
property located at 5394 Edgewood Drive and 8290 Coral Sea Street the following insurance
limits are required: A certificate of insurance, bond or certificate from the Commissioner of
Management and Budget as set forth in Subdivision 1 are required for temporary on-sale 3.2
percent malt liquor licenses. The insurance policy or bond must have the following coverage:
Oone hundred thousand dollars ($100,000.00) bodily injury each person; two hundred
thousand dollars ($200,000.00) each common cause; one hundred thousand dollars
($100,000.00) property damage each common cause; one hundred thousand dollars
($100,000.00) loss of means of support; two hundred thousand dollars ($200,000.00) each
common cause; and three hundred thousand dollars ($300,000.00) annual aggregate. On any
policy or pool providing coverage hereunder, If the event is to be held on City property, the
City shall be named as an additional insured. and Tthe license holder under this paragraph
shall agree to hold the City harmless and agree to indemnify and defend the City for acts of the
license holder. (Ord. 591, 10-29-96)
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Subd. 3. Subdivision 1 does not apply to 3.2 percent malt liquor licensees who by affidavit
establish that:
a. They are on-sale 3.2 percent malt liquor licensees with sales of less than $25,000 of
3.2 percent malt liquor for the preceding year; or
b. They are off-sale 3.2 percent malt liquor licensees with sales of less than $50,000 of
3.2 percent malt liquor for the preceding year;
Subd. 2 4. Approval by Council: The proof of financial responsibility under subdivision 1
hereof shall be approved by the Council and, when required, by the Commissioner of
Public Safety. The Municipal City Attorney shall approve the form of the financial
responsibility.
Subd. 3 5. Revocation of License: The operation of such off-sale or on-sale 3.2 percent malt
liquor business without having proof of financial responsibility on file, at all times,
with the Municipality City, if required by this Section, proof of financial responsibility
shall be grounds for immediate revocation of the license. Notice of cancellation of a
current liquor liability policy shall serve as notice of the impending revocation of the
license. (1988 Code §101.04)
503.08: INVESTIGATION OF APPLICATION; HEARING; ISSUANCE OR
DENIAL: The Council shall investigate all facts set out in the 3.2 percent malt liquor license
application. No issuance of a new license, transfer of an existing license, renewal of an
existing license, issuance of a temporary special event or festival in the park 3.2 percent malt
liquor license or special outdoor consumption endorsement for the sale of 3.2 percent malt
liquor on-sale or off-sale shall be hereafter granted by the Council until a public hearing has
been conducted by the Council after published notice in the official newspaper at least ten (10)
days in advance of the hearing. After such investigation and hearing, the Council shall grant or
refuse the application, in its discretion. (1988 Code §101.05) (Ord. 771, 4-24-06)
503.09: CONDUCT OF BUSINESS; CONDITIONS OF LICENSE:
Subd. 1. Transferability of License: Each license shall be issued to the applicant only and
shall not be transferrable to another holder. Each license shall be issued only for the
premises described in the application. No license may be transferred to another place
without the approval of the Council. (1988 Code §101.05)
Subd. 2. Compliance with Laws: Every license shall be granted subject to the conditions in
the following subdivisions and all other provisions of this Chapter and of any other
applicable Chapter of this Code or State law 17.
17 M.S.A. §340A.101 et seq.
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Subd. 3. License to be Posted: All licensed premises shall have the license posted in a
conspicuous place at all times.
Subd. 4. Responsibility of Licensee: Every licensee shall be responsible for the conduct of
their place of business and shall maintain conditions of sobriety and order.
Subd. 5. Serving Minors Underage Persons and Intoxicated Persons: No beer 3.2 percent
malt liquor shall be sold or served to any intoxicated person or to any person who is a
minor under the age of 21.
Subd. 6. Consumption by Minors Underage Persons on Premises: No minor person under
the age of 21 shall be permitted to consume beer 3.2 percent malt liquor on the
licensed premises.
Subd. 7. Employment of Minors: No minor person under the age of 18 shall be permitted to
sell or serve beer 3.2 percent malt liquor in any on-sale establishment.
Subd. 8. Gambling and Gambling Devices:
a. Except as otherwise provided in this paragraph, Nno licensee shall keep, possess or
operate or permit the keeping, possession or operation of any slot machines, dice or
any gambling device or apparatus on the licensed premises or in any room adjoining
the licensed premises. Licensee shall not permit any gambling therein, except when in
conjunction with an event licensed authorized under by Minnesota Statutes, Section
Chapter 349 and sponsored by a fraternal, religious, veteran or other nonprofit
organization in the City, which has been in existence for at least three (3) years and has
at least thirty (30) active members. Lottery tickets may be purchased and sold within
the licensed premises as authorized by the Director of the State Lottery under
Minnesota Statutes Chapter 349A. Dice may be kept and used on licensed premises
and adjoining rooms for social dice games as authorized by Minnesota Statutes Section
609.761, subdivision 4. (1988 Code §100.08) (Ord. 691, 1-28-02)
b. No licensee shall conduct or permit to be conducted on any licensed premises
“casino” or “Las Vegas” events where guests are allowed to participate in gambling
activities, except when said guests are not required to provide monetary consideration
for the right to participate in the event.
Subd. 9. Manufacturers or Wholesalers of Beer: No manufacturer or wholesaler of beer
shall have any ownership of or interest in an establishment licensed to sell at retail
contrary to the provisions of Minnesota Statutes, Section 340.02. No retail licensee
and manufacturer or wholesaler of beer shall be parties to any exclusive purchase
contract. No retail licensee shall receive any benefits contrary to law from a
manufacturer or wholesaler of beer, and no such manufacturer or wholesaler shall
confer any benefits contrary to law upon a retail license.
DRAFT
4.16.2010
Page 28
Subd. 10. Federal Retail Dealer's Special Tax Stamp: No licensee shall sell beer while
holding or exhibiting in the licensed premises a Federal retail liquor dealer's special tax
stamp unless licensee is licensed under the laws of Minnesota to sell intoxicating
liquor 18.
Subd. 11 9. Right of Entry and Inspection: The Commissioner of Public Safety, or
designated agents and duly authorized peace officers of the Municipality employees,
shall have the unqualified right to may, at all reasonable hours enter in and upon the
premises of any licensee to, inspect and search the premises of a licensee during
business hours without a search and seizure warrant and examine the books, papers,
and records of a licensee for the purposes of determining compliance with the
provisions of Minnesota Statutes Chapter 340A. Refusal to permit such inspection
shall be a violation of this Chapter. If the Commissioner or any duly authorized
employee is denied free access or is hindered or interfered with in making an
inspection or examination, the license is subject to revocation by the Commissioner
pursuant to Minnesota Statutes Section 340A.304.
Subd. 12 10. Sale of Intoxicating Liquor:
a. No 3.2 percent malt liquor licensee who is not also licensed to sell intoxicating
liquor shall sell intoxicating liquors on the licensed premises.
b. It shall be unlawful for any business establishment or bona fide club or public place,
other than a place licensed to sell intoxicating liquors, to, directly or indirectly or upon
any pretense or by any device, allow the consumption or display of intoxicating liquor
or the serving of any liquid for the purpose of mixing with intoxicating liquor without
first securing a permit from the Commissioner of Public Safety and paying the annual
fee as provided for in this Chapter Minnesota Statutes Section 340A.414.
Subd. 13 11. Serving Beer 3.2 Percent Malt Liquor Under On-Sale License: An on-sale 3.2
percent malt liquor license shall entitle the holder to serve beer 3.2 percent malt liquor
in a separate room of the licensed premises for banquets or dinners at which are
present not less than eight (8) persons so long as the room is contiguous with the
licensed premises. (1988 Code §101.08)
503.10: HOURS OF SALES: No sale of beer 3.2 percent malt liquor shall be made on
any Sunday between the hours of two o’clock (2:00) A.M. and twelve o’clock (12:00) noon.
No sale shall be made between the hours of two o’clock (2:00) A.M. and eight o’clock (8:00)
A.M. on any other day. (1988 Code §101.09; Amended, Ord. 717, 7-28-03)
18 M.S.A. §340A.101 et seq.
DRAFT
4.16.2010
Page 29
503.11: SUSPENSION OR REVOCATION OF LICENSE:
Subd. 1. Violation of Provisions: The violation of any provision or condition of this Chapter
by a beer or licensee’s agent shall be grounds for revocation or suspension of the
license. Cause for Suspension: The Council may suspend or revoke any 3.2 percent
malt liquor license for violation of any provision or condition of this Chapter or any
State law regulating the sale of 3.2 percent malt liquor and shall revoke such license if
the licensee willingly violates any provision of Minnesota Statutes Chapter 340A or
this Chapter.
Subd. 2. Federal Retail Liquor Dealer's Special Tax Stamp: The license of any person who
holds a Federal retail liquor dealer's special tax stamp shall be revoked without notice
and without hearing.
Subd. 3 2. Written Notice and Public Hearing: In all other cases, a Except in the case of a
suspension pending a hearing on revocation, revocation or suspension license granted
under this Chapter may be revoked or suspended by the Council shall be preceded by
after written notice to the licensee and a public hearing shall be held. The notice shall
give at least eight (8) days’ notice of the time and place of the hearing and shall state
the nature of the charges against the licensee. The Council may suspend any license
pending a hearing on revocation or suspension. (1988 Code §101.11)
Subd. 3. Suspension Pending Hearing: The Council may, without any advance notice,
suspend any license pending a hearing on revocation for a period not exceeding thirty
(30) days.
503.12: VIOLATION OF PROVISIONS: Any person violating any provision of
this Chapter shall be guilty of a misdemeanor. (1988 Code §101.12)
DRAFT
4.16.2010
Page 30
SECTION 3. This ordinance shall take effect and be in force 30 days from and after its
passage and publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading by the Mounds View City Council on April 26, 2010.
Second Reading and Adoption by the Mounds View City Council on May 10, 2010.
Publication Date: May 20 , 2010.
Joe Flaherty, Mayor
Attest:
______________________________
James Ericson
City Clerk-Administrator
(seal)
Item No: 7F
Meeting Date: April 26, 2010
Type of Business: Council Business
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Clerk-Administrator
Item Title/Subject: Resolution 7608, Approving Insurance Contribution
Adjustment for Non-Union Employees
Background:
The City Council has traditionally awarded the same insurance contribution to all
employee groups in order to maintain internal equity.
Discussion:
Based upon the approval of the Public Works Collective Bargaining Agreement, Staff
recommends a monthly insurance contribution of $842.20 for all non-union employees,
effective January 1, 2010. This is the same contribution in the 2010-2011 Public Works
Collective Bargaining Agreement. Attached for your consideration is Resolution 7608,
authorizing an insurance contribution of $842.20.
Recommendation:
Staff recommends approval of Resolution 7608, authorizing an insurance contribution
adjustment of $842.20, effective January 1, 2010.
Respectfully submitted,
Desaree Crane
Assistant City Clerk-Administrator
RESOLUTION 7608
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING INSURANCE CONTRIBUTION ADJUSTMENT
FOR
NON-UNION EMPLOYEES
WHEREAS, the Personnel Compensation Schedule must be annually approved
by Council Resolution; and
WHEREAS, the City Council has traditionally awarded the same insurance
contribution to all employee groups in order to maintain internal equity.
NOW, THEREFORE, BE IT RESOLVED, by the City of Mounds View, that the
City Council does hereby approve a monthly insurance contribution of $842.20 for all
non-union employees, effective January 1, 2010.
Adopted this 26th day of April, 2010.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, Clerk-Administrator
(seal)
Item No: 7G
Meeting Date: April 26, 2010
Type of Business: CB
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Clerk - Administrator
Item Title/Subject: First Reading and Introduction of Ordinance 844, an
Ordinance Amending the Mounds View City Code By
Changing All Occurrences in the City Code of “Clerk-
Administrator” to “City Administrator”
Introduction:
In 2009, the Charter Commission was asked to consider amending the Charter to update
the title of the Clerk-Administrator position to a more commonly used title, such as City
Administrator. On March 8, 2010, the City Council adopted Ordinance 841 which revised
the City Charter by replacing all instances of “Clerk-Administrator” with “City Administrator.”
At that meeting, staff communicated to the City Council that a second ordinance would be
needed to effectuate the same change throughout the municipal code. Ordinance 844
accomplishes this comprehensive amendment.
Discussion:
The Charter Commission discussed the potential title change at many meetings, reviewing
MN Statutes, LMC documentation and reports, the Mounds View City Code and other
references in their analysis. After much deliberation, the Commission adopted Resolution
2009-03e which replaced all occurrences of “Clerk-Administrator” with “City Administrator.”
In addition, Sections 6.03 and 6.04 were amended to clarify duties and responsibilities of
the administrator and treasurer.
The City Attorney has prepared the attached Ordinance 844 and recommends introduction
for first reading by the City Council.
Recommendation:
Consistent with Ordinance 841 and consistent with City Council direction, staff
recommends approval of the first reading and introduction of Ordinance 844, an ordinance
changing the title of the Clerk-Administrator to City Administrator throughout the City Code.
Respectfully submitted,
________________________
James Ericson
Clerk - Administrator
ORDINANCE NO. 844
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CODE BY CHANGING ALL
OCCURRENCES IN THE CITY CODE OF “CLERK-ADMINISTRATOR” TO “CITY
ADMINISTRATOR”
SECTION 1. On March 8, 2010, the City Council adopted Ordinance 841 which amended
the City Charter by changing all occurrences of “Clerk-Administrator” in the Charter to “City
Administrator” and revised Sections 6.03 and 6.04 of the Charter regarding the duties of the
City Administrator and City Treasurer. This Ordinance was published on March 18, 2010 and
will be effective June 16, 2010, absent any challenges.
SECTION 2. In order to make the City Code consistent with the changes in the City Charter
that were set forth in Ordinance 841, the City Council of the City of Mounds View hereby
amends the Mounds View Municipal Code as follows:
Wherever the words “Clerk-Administrator” appear in the Code, such words
shall be deleted and replaced with the words “City Administrator.”
SECTION 3. This ordinance shall take effect and be in force 30 days from and after its
passage and publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading by the Mounds View City Council on April 26, 2010.
Second Reading and Adoption by the Mounds View City Council on May 10, 2010.
Publication Date: May 20, 2010.
Joe Flaherty, Mayor
Attest:
______________________________
James Ericson
City Clerk-Administrator
Item No: 08A
Meeting Date: April 26, 2010
Type of Business: Consent
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Barb Benesch, Community Development Technician
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Please consider the following contractor licenses for approval. All contractor licenses will expire
on December 31, 2010. All applicants have submitted appropriate fees and proof of insurance.
Those companies that are “new” include applicants that have never been licensed with the City or
they may have been licensed with the City in the past, but were not licensed in 2009. The majority
of the licenses are renewals, so at a minimum, they were licensed in 2009. The type of license
they are applying for follows the company name.
Beaudry Oil Company Above Ground Tank
Installation
New
Northern Heating & Air Conditioning HVAC Renewal
Top Line Fence LLC Fence Installation New
Drobnick’s Tree Service Tree Trimming/Removal Renewal
Recommendation: Approve license applications as requested.
Corrections made by Councilmembers Hull, Mueller and Gunn; Clerk -Administrator Ericson, Community Development Director Roberts and Asst. City Clerk -Administrator Crane
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
March 22, 2010 6
Mounds View City Hall 7
2401 Highway 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, Stigney, Hull, Mueller, Gunn. 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
A. Monday, March 22, 2010, City Council Agenda. 21
22
Council Member Mueller requested Item 6A be added to the agenda to allow Tim Roche, 23
Chamber of Commerce President, to address the Council. 24
25
MOTION/SECOND: Mueller/Stigney. To approve the Monday, March 22, 2010, agenda adding 26
Item 6A. 27
28
Ayes – 5 Nays – 0 Motion carried. 29
30
5. PUBLIC INPUT 31
32
Tom Winiecki, 2728 Sherwood Road, noted he spoke with Staff this morning and there was a 33
disagreement regarding the condition of the intersection at Groveland and Sherwood Road. He 34
felt the intersection was in extremely poor condition. 35
36
Dan Mueller, 8343 Groveland Road, addressed the Council regarding The Bulletin and Sun 37
Times local papers. He suggested the Council ask them to deliver their newspaper only upon 38
request to assist in the reduction of litter throughout the community. City Administrator Ericson 39
stated staff could speak with the delivery agencies regarding the situation. 40
41
Paul Rignell, editor of the Sun Focus, stated he did not have control over the delivery patterns for 42
the paper. He explained he could be reached at (763) 424-7366 with any delivery concerns. 43
44
Mounds View City Council March 22, 2010
Regular Meeting Page 2
6. SPECIAL ORDER OF BUSINESS 1
A. Twin Cities North Chamber of Commerce President Tim Roche 2
3
Tim Roche, Twin Cities North Chamber of Commerce President, addressed the Council. Mr. 4
Roche distributed a press release stating the Chamber would be moving to the Main Street 5
Village in the City of New Brighton on May 1st. He explained the Chamber has had a great six 6
years in the City of Mounds View and the move to New Brighton would not change the services 7
provided to the City or its businesses. The focus would remain on the 10 cities within the 8
Chamber. 9
10
Mayor Flaherty indicated the City would be sad to see the Chamber of Commerce relocate later 11
this spring. The Chamber was a model tenant within the Community Center. 12
13
Mr. Roche noted the Spring Business Expo would be held at The Mermaid on March 23, 2010, 14
from 3:00-7:00 p.m. A seminar will be held from 3:00-5:00 p.m. to explain how the new 15
healthcare bill will affect local businesses. 16
17
7. COUNCIL BUSINESS 18
A Second Reading and Adoption of Ordinance 835, an Ordinance Amending 19
Title 500 of the City Code about Lawful Gambling. 20
21
Clerk-Administrator Ericson reviewed with the City Council that staff had identified many 22
deficiencies in the City Code relative to Charitable Gambling and initiated a process to amend 23
Title 500 of the Code to remove relevant charitable gambling requirements from the two liquor 24
license chapters and create a new, standalone chapter addressing these issues. Input was taken 25
from charitable gambling organizations allowed. At this time, these organizations requested the 26
10% from their funds not be paid to the City as profits were down. He reviewed one change to 27
the language in Section 518.05. 28
29
Clerk-Administrator Ericson presented staff’s recommendation to approve the second reading, 30
adopt Ordinance 835, and authorize publication by summary in the official newspaper consistent 31
with the City Charter. 32
33
Council Member Mueller questioned Page 3, Section 518.06, Subd. 8D, limiting the lawful 34
gambling within the City to two premises. City Administrator Ericson explained the Council 35
established this limit but he would not oppose additional locations to be licensed upon request. 36
37
MOTION/SECOND: Gunn/Mueller. To Waive the Second Reading of Ordinance 835, 38
Amending Title 500 of the Mounds View City Code by Creating a New Chapter 518 Regulating 39
Lawful Gambling and Amending Title 500, Section 502.13 and 503.09, to be Consistent with the 40
New Chapter 518, and to authorize publication by summary in the official newspaper consistent 41
with the City Charter. 42
43
ROLL CALL: Stigney/Hull/Mueller/Gunn/Flaherty. 44
45
Mounds View City Council March 22, 2010
Regular Meeting Page 3
Ayes – 5 Nays – 0 Motion carried. 1
2
B. Resolution 7599, Approving the 2010-2011 Public Works Collective 3
Bargaining Unit Labor Agreement. 4
5
City Administrator Ericson advised that the Mounds View Public Works Collective Bargaining 6
Unit approved the 2010-2011 Labor Agreement with terms consistent to those discussed by Staff 7
and the City Council. 8
9
City Administrator Ericson presented the terms of the revised Agreement as detailed in the staff 10
report and recommended the Council approve Resolution 7599 approving the 2010-2011 Labor 11
Agreement with the Mounds View Public Works Collective Bargaining Unit. 12
13
Council Member Mueller thanked the Public Works Department for their assistance in working 14
with the City to reach the proposed labor agreement. She appreciated the fine services provided 15
by the Public Works Department staff to the community. Council Member Gunn agreed. 16
17
MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Adopt Resolution 7599, 18
Approving the 2010-2011 Labor Agreement with the Mounds View Public Works Collective 19
Bargaining Unit. 20
21
Council Member Gunn thanked the Public Works Department for working with the City to reach 22
this agreement in a timely manner. 23
24
Mayor Flaherty echoed these comments explaining the Public Works Department kept the City’s 25
best interests in mind when negotiating and approving the proposed agreement. 26
27
Ayes – 5 Nays – 0 Motion carried. 28
29
C. Resolution 7593, Awarding a Construction Contract for the 2010 Well No. 1 30
& 2 Rehabilitation Project. 31
32
Public Works Director DeBar described the City’s maintenance and rehabilitation program for 33
the City’s wells, pumps and motors. He said that the City was on a seven-year cycle for well 34
rehabilitation work. 35
36
Public Works Director DeBar presented the five quotes received from well contractors, which 37
ranged from $79,015 to $99,350 with the low quote submitted by Keys Well Drilling Company 38
of St. Paul, Minnesota. He advised that Keys performed the last rehabilitation on these same 39
wells in March of 2003 and are very familiar with the City’s well configurations. If approved, 40
construction will begin in early April of 2010. He noted that the contractor should complete the 41
work on Well No. 1 by May 28th. Well No. 2 would be completed after the motor was replaced. 42
43
Public Works Director DeBar presented staff’s recommendation for the City Council to adopt 44
Resolution 7593 to award the construction contract to Keys Well Drilling Company of St. Paul, 45
Mounds View City Council March 22, 2010
Regular Meeting Page 4
Minnesota for the 2010 Municipal Well No. 1 and 2 Rehabilitation Project. 1
2
Mayor Flaherty questioned why the wells needed to be rehabilitated. Public Works Director 3
DeBar explained the wells supplied raw ground water that would then be treated by the City. 4
Over time, the wells need to be rehabilitated from pumping 529 million gallons a year. 5
6
Council Member Mueller thanked staff for drafting the plans and specs in house. She questioned 7
how much money the City saved by not sending this work to a consultant. Public Works 8
Director DeBar stated he was working to create a standard bid proposal that would be used for all 9
future projects, which took staff several days to complete. He noted input was provided from the 10
City Attorney as well. The estimated savings was $5,000-10,000. 11
12
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7593, 13
Awarding a Construction Contract for the 2010 Municipal Well No. 1 and 2 Rehabilitation 14
Project not to exceed $82,965. 15
16
Council Member Stigney questioned the $82,965 amount in the resolution. Public Works 17
Director DeBar stated this amount would allow for a 5% contingency. He added that the expense 18
may come in less if the line shafts are not needed. 19
20
Ayes – 5 Nays – 0 Motion carried. 21
22
D. Resolution 7595, Awarding a Construction Contract for the Street and 23
Utility Improvement Project - Area B/C. 24
25
Public Works Director DeBar reviewed the background information for the Street and Utility 26
Program and the Area B/C project, which had been presented to the Council previously at the 27
February 8, 2010 meeting. 28
29
Public Works Director DeBar presented the 13 bids received that ranged from $2,961,311.05 to 30
$3,797,843.50 with the low bid submitted by Northwest Asphalt, Inc. of Shakopee, Minnesota. It 31
was noted the engineer’s estimate was $3,400,000. He advised that Bonestroo and staff have 32
previously worked with Northwest Asphalt and recommend awarding the contract to Northwest 33
Asphalt. Construction is anticipated to begin in late April or early May 2010. Staff has spoken 34
with Bonestroo regarding the scope of services needed for the Area B/C project. 35
36
Council Member Mueller asked staff to define Area B and Area C for those attending the 37
meeting this evening. Public Works Director DeBar explained Area B and C were both bordered 38
on the south by County Road H and to the north by County Road H2. Area B would run west of 39
Silver Lake Road over to the Fridley/Spring Lake Park border. Area C would run East of Long 40
Lake Road over to County Road 10, not including Wooddale Drive. He noted a neighborhood 41
meeting was scheduled for April 13, 2010, at City Hall from 6:00-8:30 p.m. with a presentation 42
made by the Consulting Engineer Joe Rhein. 43
44
Mayor Flaherty questioned what the engineering expense would be for this project. Consulting 45
Mounds View City Council March 22, 2010
Regular Meeting Page 5
Engineer Rhein explained the engineering expense was estimated to be 10% of the total project 1
expense. Mayor Flaherty asked when the Area B/C project would be complete. Consulting 2
Engineer Rhein estimated the project would be complete by July. 3
4
Mayor Flaherty thanked the Street Utility Task Force for its efforts in preparing the street and 5
utility improvement projects each year for the City. 6
7
MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7595, 8
Awarding a Construction Contract for the 2010 Street and Utility Improvement Project - Area 9
B/C. 10
11
Ayes – 5 Nays – 0 Motion carried. 12
13
E. Resolution 7596, Approving the Sale of Used Public Works Equipment. 14
15
Public Works Director DeBar explained that Public Works staff has evaluated the need of 16
various equipment and other items and identified two fabricated pedestrian bridges salvaged 17
from the former City-owned golf course and an older skid steer v-plow implement as candidates 18
to sell. Staff advertised the items for sale on the League of Minnesota Cities website and bids 19
were received as follows: Metropolitan Council Environmental Services-$7,000 for one bridge, 20
Town of Hassan, Minnesota-$7,800 for one bridge, and City of Ham Lake, Minnesota-$800 for 21
v-plow. 22
23
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7596, 24
Approving the Sale of Used Public Works Equipment and Pedestrian Bridges. 25
26
Council Member Stigney questioned if the funds would go into the General Fund or the Public 27
Works Department. Public Works Director DeBar explained the funds would go directly into the 28
General Fund. 29
30
Mayor Flaherty thanked staff for repurposing these porceeds of equipment on behalf of the City. 31
He asked if the City would be transporting these items. Public Works Director DeBar indicated 32
it would be the responsibility of the purchaser to move the equipment. 33
34
Council Member Mueller explained the Council has agreed to enhance the City’s revenue 35
streams, without raising taxes. This was another method for the City to recover funds. 36
37
Ayes – 5 Nays – 0 Motion carried. 38
39
F. Resolution 7597, Adopting a Calendar for the Preparation of the 2011 40
Budget. 41
42
Finance Director Beer presented staff’s recommendation to adopt Resolution 7597 that adopted a 43
calendar for preparation of the 2011 budget. The Council would begin discussing the 2011 44
budget in June. He explained this would be a tough year due to the decline in state aid. 45
Mounds View City Council March 22, 2010
Regular Meeting Page 6
1
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7597, 2
Adopting a Calendar for the Preparation of the 2011 Budget. 3
4
Mayor Flaherty indicated the 2011 budget discussions would be difficult but felt the Council and 5
staff would work through the issues for the benefit of the City and its residents. 6
7
Ayes – 5 Nays – 0 Motion carried. 8
9
G. Resolution 7594, Authorizing a Step Increase for Nick DeBar, Public Works 10
Director. 11
12
City Administrator Ericson presented the determination of Staff that Public Works Director Nick 13
DeBar has satisfactorily performed in the capacity of his position and to approve a step wage 14
adjustment consistent with the Personnel Manual. 15
16
City Administrator Ericson read Resolution 7594. 17
18
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7594, 19
Approving Step Wage Adjustment for Public Works Director Nick DeBar. 20
21
Council Member Hull felt Public Works Director DeBar worked well with the department and 22
thanked him for his great work over the past year. 23
24
Council Member Stigney stated he appreciated Public Works Director DeBar for his great efforts 25
on behalf of the City. 26
27
Mayor Flaherty agreed Public Works Director DeBar has worked well for the City of Mounds 28
View. 29
30
Ayes – 5 Nays – 0 Motion carried. 31
32
H. Resolution 7598, Authorizing Purchase of Lumber and Mailboxes for the 33
2010 SUIP – Area B/C and Rescinding Resolution 7578. 34
35
City Administrator Ericson explained there was an error in a previous staff report and Resolution 36
7578, which reflected only the cost of the lumber and did not include the cost of the mailboxes. 37
He presented the four quotes the City received, noting Lowe’s of Blaine remains the low quote 38
for this purchase. 39
40
City Administrator Ericson recommended the Council rescind Resolution 7578 and adopt 41
Resolution 7598 to purchase the lumber to construct mailbox posts and the mailboxes for the 42
2010 Street and Utility Project, Area B/C, from Lowe’s of Blaine in the amount of $11,214.21. 43
Staff also recommends a 5% contingency to the quote for minor hardware supplies, which would 44
add $560 to the quote amount for a total of $11,774.92 to be funded from account number 410-45
Mounds View City Council March 22, 2010
Regular Meeting Page 7
4650-7050-312. 1
2
Council Member Mueller asked if the 5% contingency expense would cover the installation of 3
numbers on each mailbox. City Administrator Ericson noted the contingency was set to cover 4
minor hardware supplies, and did not cover the expense of the numbers. 5
6
MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Adopt Resolution 7598, 7
Authorizing Purchase of Lumber for Mailbox Posts for the 2010 Street and Utility Improvement 8
Project – Area B/C and Rescinding Resolution 7578. 9
10
Council Member Stigney suggested staff seek bids for mailbox numbers to keep them consistent 11
throughout the City. 12
13
Ayes – 5 Nays – 0 Motion carried. 14
15
8. CONSENT AGENDA 16
17
Council Member Gunn requested Item A be pulled from the Consent Agenda for further 18
discussion. 19
20
A. Resolution 7600 Accepting Donation from Bethlehem Baptist Church. 21
22
Council Member Gunn thanked Bethlehem Baptist Church for their generous donations to the 23
City. She reviewed the donation amounts being made at this time and the organizations that 24
would benefit. 25
26
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adoption Resolution 7600, 27
Accepting Donations from Bethlehem Baptist Church. 28
29
Council Member Stigney explained the funds donated by Bethlehem Baptist Church each year 30
were made as part of an agreement reached between the two parties, as the Church was located 31
on tax -exempt property. 32
33
Council Member Mueller requested staff draft a thank you from the Council to Bethlehem 34
Baptist Church. 35
36
Council Member Hull questioned how much the donations increased each year. City 37
Administrator Ericson believed the increase to be 5% each year. 38
39
Mayor Flaherty thanked Bethlehem Baptist Church for the generous donations to the community. 40
41
Ayes – 5 Nays – 0 Motion carried. 42
43
9. JUST AND CORRECT CLAIMS 44
45
Mounds View City Council March 22, 2010
Regular Meeting Page 8
Finance Director Beer answered the Council's questions related to claims. Staff was asked to 1
provide additional details of the claim from Strikers for Police Department equipment. 2
3
MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as Presented. 4
5
Ayes – 5 Nays – 0 Motion carried. 6
7
10. APPROVAL OF MINUTES 8
A. February 22, 2010, City Council Meeting Minutes. 9
10
The Council requested the following corrections: Page 6, Line 11, place an “s” in the word 11
‘“request. Page 10, Line 26, correct the spelling of Heidi’s last name. 12
13
MOTION/SECOND: Gunn/Stigney. To Approve the February 22, 2010, City Council Meeting 14
Minutes as corrected above. 15
16
Ayes – 5 Nays – 0 Motion carried. 17
18
B. March 8, 2010, Executive Session Minutes. 19
20
MOTION/SECOND: Mueller/Hull. To Approve the March 8, 2010, Executive Session Minutes 21
as presented. 22
23
Ayes – 5 Nays – 0 Motion carried. 24
25
11. REPORTS 26
A. Reports of Mayor and Council. 27
28
Council Member Mueller reported the Ramsey County League of Local Governments would be 29
meeting at the Mounds View Community Center on Thursday, March 25, 2010, at 7:00 p.m. 30
This meeting would address enhancing the City’s involvement with non-profits. 31
32
B. Reports of Staff. 33
1. Announce the Mounds View Town Hall Meeting on Monday, March 34
29, 2010 at the Mounds View City Hall 35
36
City Administrator Ericson announced the Town Hall Meeting scheduled for Monday, March 29, 37
2010, at the Mounds View City Hall from 6:00-8:30 p.m. He presented the agenda and advised 38
where it will be advertised to encourage public attendance. 39
40
2. Report of Administrator. 41
42
City Administrator Ericson presented information on the upcoming employee appreciation 43
luncheon. He explained this was a budgeted item and Staff suggested it be scaled back from a 44
Mounds View City Council March 22, 2010
Regular Meeting Page 9
catered luncheon to a potluck, reducing the expense to $800 with the employees still receiving an 1
appreciation certificate. 2
3
Council Member Gunn appreciated Staff’s ability to reduce the expense. 4
5
Council Member Mueller felt the appreciation luncheon should be held and thanked Staff for 6
finding an alternative to the catered meal. She was in favor of presenting staff with the 7
appreciation certificates. 8
9
Council Member Hull questioned if the budget could be reduced to $175. City Administrator 10
Ericson felt this would be possible. 11
12
Council Member Stigney was in agreement that the luncheon should be cut back and thanked 13
Staff for the recommendations. Mayor Flaherty agreed. 14
15
City Administrator Ericson reported the City is still in labor negotiations with LELS and 16
AFSCME. 17
18
City Administrator Ericson indicated Clearwire was looking for an additional location for 19
another tower within a City park. He stated this could be a potential revenue stream and asked if 20
the Council would open to the idea. 21
22
Finance Director Beer suggested Clearwire erect the tower and be given reduced rent, but that the 23
tower be owned by the City of Mounds View. He stated this would allow the City to collocate 24
additional antennas on the tower. 25
26
Council Member Gunn indicated she would rather see the tower on a pole and not in the woods 27
because she wanted to limit the number of trees lost in the City’s park. 28
29
Council Member Mueller stated the Council made it a goal to increase revenue streams and was 30
in favor of exploring the idea of an additional tower. 31
32
Council Member Hull stated he was open to the idea of another tower and questioned if the Park 33
and Recreation Board has discussed this idea. City Administrator Ericson explained this has not 34
yet been brought to the Park Board. 35
36
Council Member Stigney indicated he would be willing to consider the tower. 37
38
Mayor Flaherty noted would be willing to review a tower plan as well. 39
40
City Administrator Ericson stated the state changed the date of the primary election was changed 41
to August 10, 2010, and an updated calendar was provided to the Council. 42
43
City Administrator Ericson explained he attended the March 10, 2010, Charter Commission 44
meeting. The Charter Commission is reviewing Chapter 8 at this time and may send an 45
Mounds View City Council March 22, 2010
Regular Meeting Page 10
amendment through regarding City projects that require special assessments. He reported he 1
would bring further information to the Council once it is available. 2
3
Council Member Stigney questioned why the Charter was considering this change and requested 4
further information from Staff. 5
6
Council Member Hull agreed and asked what the motive behind the changes is. 7
8
Council Member Mueller stated feasibility reports were quite expensive and she felt there were 9
many other areas of the Charter that could be amended or reworked. She did not see the need for 10
a change to the proposed section and suggested Staff forward a memorandum to the Charter 11
Commission. 12
13
Council Member Gunn agreed with these comments and felt Staff’s memo should be sent to the 14
Charter Commission. She questioned how future projects would proceed without numerous 15
petitions and complaints. 16
17
Mayor Flaherty suggested a memorandum from Staff be delayed and instead a meeting be 18
scheduled between the Council and the Charter Commission to gain insight on the motives and 19
discuss the proposed amendments. 20
21
City Administrator Ericson indicated Coventry Senior Housing presented a proposed plan to the 22
Planning Commission. The major concern at this time was traffic through the adjacent 23
neighborhood. The developer would like to come before the City Council at the next Work 24
Session meeting to gather feedback before submitting an official plan. 25
26
City Administrator Ericson noted the City has budgeted for him to attend three training 27
conferences in 2010. Funds were set aside in the 2010 budget for each event. He questioned if 28
the Council was still in favor of him attending all of these events. 29
30
Council Member Hull suggested the Clerk certification training be attended and the other two 31
eliminated from the budget. 32
33
Council Member Mueller was in favor of City Administrator Ericson attending all three events. 34
35
Council Member Stigney suggested two out of the three events be attended and that City 36
Administrator Ericson select the two that would be most valuable. 37
38
Council Member Gunn agreed with Council Member Stigney and noted the MCFOA conference 39
must be attended. 40
41
Mayor Flaherty felt the MCFOA conference was crucial and suggested that one of the other two 42
events be selected. This would be another opportunity for savings to the community. 43
44
Mounds View City Council March 22, 2010
Regular Meeting Page 11
City Administrator Ericson advised that the City of Arden Hills was holding a TCAAP meeting 1
on April 14, 2010. He noted that there would be a quorum of the Mounds View Council present 2
at this meeting. 3
4
City Administrator Ericson reported the Community Center received a request for having alcohol 5
at an event without a licensed caterer, provided the alcohol is not for sale. He explained 6
Minnesota State Statutes were changed last year to provide for this situation. Liability issues and 7
insurance were still concerns, but this has been discussed with the City Attorney. An additional 8
waiver would be signed by the party to hold the City harmless. He questioned how the Council 9
would like Staff to proceed with this request. 10
11
Council Member Mueller asked who would cover the insurance and how the event would 12
monitor serving to minors. She suggested the contract stand as is and not allow for alcohol 13
service without a caterer. 14
15
Mayor Flaherty questioned if the City could have a hold harmless clause. City Attorney Riggs 16
stated this could be added to the contract but any event could pull the City into a legal suit. City 17
Administrator Ericson added that the League of Minnesota Cities does offer an extra insurance 18
policy for the City for these types of events. 19
20
Council Member Stigney stated he was not in favor of changing the current contract as it would 21
bring about too many new concerns for the City to address. 22
23
Council Member Mueller indicated the Community Center was well used and she did not feel it 24
was the time to make a change. This issue could be readdressed in the future. 25
26
Council Member Hull asked what policies were followed by Shoreview and New Brighton. City 27
Administrator Ericson stated New Brighton and Shoreview had specific city approved caterers 28
that could be used for events. There was not an option to bring in open events with alcohol. 29
30
Mayor Flaherty thanked the Council for the discussion on this item. He did not feel it was 31
necessary to move forward with this item as it brought on unnecessary liability to the City. 32
33
City Administrator Ericson reviewed the April Work Session agenda with the Council. 34
35
City Administrator Ericson presented the Council with information on a small parcel of land 36
owned by the City adjacent to the Townsedge manufactured home park. He indicated this parcel 37
used to be a water tower site. In 1994, Wolf & Associates requested use of the parcel to expand 38
their facility, which was never completed per City’s recommendations. DellComm has since 39
acquired the property and uses the city’s parcel for storage. 40
41
City Administrator Ericson requested feedback from Council on how to proceed with this parcel. 42
He noted the City could require DellComm to vacate the site or could enter into a lease 43
agreement for a reasonable amount. The lease agreement would pass the taxes along to 44
DellComm as well. 45
Mounds View City Council March 22, 2010
Regular Meeting Page 12
1
Council Member Mueller noted the parcel was landlocked and questioned the rate for a storage 2
parcel. She suggested the lease agreement remain flexible to allow for the construction of a cell 3
tower if the City had a request in the future. 4
5
City Attorney Riggs stated the lease agreement would remove the City’s liability on the parcel 6
and allow for the site to be on the tax rolls. The annual taxes are estimated to be roughly $2,500. 7
8
Mayor Flaherty suggested Staff speak with neighboring communities on the going rate for 9
storage space. This would assist the City in setting a reasonable rental rate with DellComm. 10
City Administrator Ericson indicated the rate may be under the suggested market rate as there 11
were only two potential renters for this parcel. 12
13
C. Reports of City Attorney. 14
15
City Attorney Riggs noted his report is included in the Council’s meeting packet. He indicated 16
he was working on Police Civil Service Commission issues and would forward past 17
memorandums to the Council to provide further background information. 18
19
12. Next Council Work Session: Monday, April 5, 2010, at 7:00 p.m. 20
Next Council Meeting: Monday, April 12, 2010, at 7:00 p.m. 21
22
13. ADJOURNMENT 23
24
The meeting was adjourned at 9:20 p.m. 25
26
Transcribed by: 27
28
Carla Wirth 29
TimeSaver Off Site Secretarial, Inc. 30
Item No: 11B3
Meeting Date: April 26, 2010
Type of Business: Reports of Staff
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Clerk-Administrator
Item Title/Subject: Totino’s Italian Kitchen – Voluntary Surrender of Liquor
License
Background:
According to the Minnesota Department of Revenue Liquor Sales Tax Delinquency list,
Totino’s Italian Kitchen has been delinquent in payment of their liquor sales taxes since
September 2009. Non-payment of liquor taxes prevents active liquor establishments
from purchasing liquor, beer or wine to resell.
Discussion:
Totino’s Italian Kitchen requested a payment plan from the Minnesota Department of
Revenue for their delinquent liquor sales taxes. In order for the Minnesota Department
of Revenue to consider such a payment plan, they requested that the owner of Totino’s
Italian Kitchen Corporation to immediately surrender their On-Sale Intoxicating Liquor
License to the City and to the Department of Public Safety (Alcohol and Gambling
Division). This occurred on April 21st. The Minnesota Department of Public Safety
has canceled their liquor license, effective April 21st.
As soon as Totino’s becomes current on their liquor sales taxes, then Totino’s will be
authorized to re-apply for their liquor license.
Recommendation:
No City Council action is required for a voluntary surrender of a liquor license. As a
matter of record, Staff would like to inform the City Council of this surrender and have it
reflected in the Minutes.
Respectfully submitted,
Desaree Crane
Assistant City Clerk-Administrator
366554v1 SJR MU125-11
Kennedy 470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
&
Graven (612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
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: April 22, 2010
To: Jim Ericson, City Clerk-Administrator
From: Scott J. Riggs, City Attorney
Re: Mounds View Project Status Report
MU125-11: Administration. General discussions with staff regarding various City matters.
Review and revise Chapters 502 and 503 of the City Code regarding intoxicating
liquor and 3.2 percent malt liquor licenses; prepare comments and Code
amendment. Additional legal research, review and make revisions to the liquor
ordinance. Consult with City staff regarding same. Legal research regarding
consultant donation to City's employee appreciation event. Consult with City
staff. Review Flood Plain Ordinance; draft comments and forward to City staff
regarding same. Draft ordinance regarding changing "clerk-administrator"
references in the City Code to "city administrator". Matters are presently pending.
MU125-12: Finance Department Matters. Review request for audit letter. Draft audit letter.
Consult with city auditor. Matter is presently pending.
MU125-14: Public Works Matters. Review and Petition and Waiver Agreement. Consult
with City staff. Review Sale of Used Equipment Agreement. Consult with Met
Council regarding same. Consult with City staff regarding same. Matters are
presently pending.
MU210-62: Police Civil Service Commission. Review Commission hiring, authority, etc.
Work on memo regarding appointment process. Consult with City staff. Matter
is presently pending.
Mr. Jim Ericson
April 22, 2010
Page 2
366554v1 SJR MU125-11
MU210-106: General Labor Matters. Review and consult with City staff regarding mediation
of labor contract, labor negotiations, etc. Matter is presently pending.
MU210-156: Noel David Collis v. City of Mounds View. Review recent status report
concerning matter. Waiting to receive Plaintiff’s dismissal of the action. Matter
is presently pending.
MU210-161: Porwall v. City of Mounds View and Grant Utilities, Inc. (5117 Rainbow Lane).
Review recent correspondence from LMCIT attorney regarding settlement of this
matter. Matter may be considered complete.
MU210-179: 2009-2010 Street Improvement Project. Review contract documents regarding
street improvement project. Consult with City staff regarding requested revisions
that need to be made. Matter is presently pending.
MU210-180: Sommers v. City of Mounds View. Review status report and e-mail from the
League. Review scheduling order which has been filed with district court. Matter
is presently pending.
MU210-188: 2010 Municipal Well No. and 2. Review contract for project. Consult with City
staff. Matter is presently pending.
SJR:jms