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HomeMy WebLinkAboutAgenda Packets - 2010/03/01 CITY OF MOUNDS VIEW CITY COUNCIL WORK SESSION AGENDA MOUNDS VIEW CITY HALL (Revised at 3:30 pm, March 1, 2010) Monday, March 1, 2010 7:00 p.m. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn PUBLIC COMMENT 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. Agenda Items Discussed by Consensus 1. Liquor Code Amendment Discussion 2. Charitable Gambling Code Amendment Discussion 3. Review Nomination(s) for the 2009 Citizenship Award. 4. Courtesy Benches - Possible Code Amendment Discussion 5. 2010 Budget Review with Proposed State Aid Reductions. 6. Review and Discuss Model Code of Conduct and Ethics Policy 7. Schedule Executive Session of the City Council Immediately following this Work Session to Discuss Labor Contract Negotiations Next Work Session: Monday, April 5, 2010, at 7 p.m. Next City Council Meeting: Monday, March 8, 2010, at 7 p.m. Item No: 1 Meeting Date: March 1, 2010 Type of Business: Work Session Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk - Administrator Item Title/Subject: Discuss Liquor Code Amendment Introduction: Staff has been reviewing the City’s current Liquor Code Chapters 502 (Intoxicating Liquor) and 503 (3.2 Percent Malt Liquor), and found language in the Liquor Code that required further clarification and City Council feedback. Discussion: Attached is Chapters 502 and 503 of the City Code. Staff has highlighted areas of concern in the Liquor Code, which are addressed below: §502.03, subd. 6 &7: In this section the City Code refers to 8290 Coral Sea Street (Medtronic). Any reference of 8290 Coral Sea Street should be stricken from the Liquor and 3.2 Percent Malt Liquor Code entirely. Would the City Council be open to replacing 8290 Coral Sea Street to City Hall’s address of 2401 Highway 10? The City Attorney reviewed subdivision 6. According to the City Attorney this provision appears to coincide with the “temporary general on-sale intoxicating liquor” license under state statute. The only difference is that state statute allows for a four day consecutive day event and allows license issuance to registered political committees and state universities in addition to the clubs, charitable, religious or non- profit organizations. The City’s current provision only allows a temporary special event liquor license to a club, or charitable, religious or other nonprofit organization, which has been in existence for at least three (3) years. The City Attorney also reviewed subdivision 7. According to the City Attorney this provision appears to fall under the “caterer’s permit” provision in the state statute. The City is not authorized to issue a caterer’s license or permit under state statute. A caterer’s permit is only issued by the Commissioner of Public Safety. Restaurants that hold an on-sale intoxicating liquor license are the only entities that can hold a caterer’s permit. Since the City does not have any authority over Item 01 Monday, March 1, 2010 Work Session Page 2 caterer’s permits, then the City Attorney recommended removing this subdivision from the City Code. §502.04, subd. 2(b): Subdivision 2(b) (Places Ineligible for License) states that no license shall be granted for operation on any premises on which taxes, assessments utility bills or other financial claims of the Municipality are delinquent of unpaid. Would the City Council like this provision to be a requirement of an initial license application, a requirement to maintain a license, and yearly license renewal? Staff researched a number of cities, and found three (3) cities with similar provisions. Coon Rapids: Places Ineligible for Licenses: (1) No license shall be granted or renewed for operation on any premises on which taxes, assessments, or other financial claims of the City or of the state are due, delinquent, or unpaid, unless an action pursuant to Minnesota Statutes Chapter 278, is pending. Shoreview: License Eligibility – Premises: No license shall be issued for a premises: (2) Upon which taxes, assessments, or other financial claims of the City are delinquent or unpaid. Spring Lake Park: Places Ineligible for License: (1) No license shall be granted or renewed for operation on any premises on which taxes, assessments, or other financial claims of the city, county or of the state are due, delinquent, and unpaid. These taxes and other financial claims include, but are not limited to, all state, federal, county or city sales, employment and real estate taxes. In the event of Minnesota Statute 278, as it may be amended from time to time, questioning the amount of validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due. Item 01 Monday, March 1, 2010 Work Session Page 3 §502.11, subd. 1: According to the City Code, the act of any employee on the licensed premises authorized to sell and service intoxicating liquors shall be deemed the act of the licensee as well, and the licensee shall be liable to all penalties. Staff does report to the City Council on all liquor compliance checks and police calls. However, if an employee of a liquor establishment is arrested, then should the City have taken action? §502.11, subd. 6 & 7: This section states that every on-sale 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. The Mounds View Police Department (MVPD) does patrol periodically in the parking lots of on-sale liquor establishments. Staff wanted to inform the City Council that periodic checks are done to on-sale liquor establishments, however, many establishments lock their doors at 2pm, which can make it difficult for the MVPD to verify that there are no unauthorized persons in the business. §502.12, subd. 2: Sunday Sales. On-Sale establishments licensed to sell intoxicating liquor on Sunday may serve between the hours of twelve o’clock (12:00) noon and two o’clock (2:00) A.M. on Sundays in conjunction with serving of food. What constitutes serving food? Could the on-sale establishment just have a microwave on the premises and serve microwave pizza and popcorn? §502 and 503: The City Attorney reviewed the insurance provisions of Sections 502 and 503 of the liquor code. According to the City Attorney, the amount of insurance required meets the current requirements of the statute (although the City may require more insurance, if desired). However, both provisions need the references to the State Treasurer changed to the “Commissioner of Management and Budget.” The 3.2 Malt Liquor section requires a certificate of insurance, but does not allow for the licensee to provide a bond of certificate from the Commissioner of Management and Budget that cash or securities have been deposited. According to state statute, the licensee should be able to choose from these options. The City’s Intoxicating Liquor Code insurance requirements does allow for the licensee to choose from these options (see MV City Code §502.07, subd. 1a and MV City Code §503.07, subd. 1). Item 01 Monday, March 1, 2010 Work Session Page 4 The City Attorney also pointed out that the state statute does not require insurance for the following types of licenses if they submit an affidavit establishing that: 1. They are an On-Sale 3.2 Percent Malt Liquor licensee with sales of less than $25,000 of 3.2 percent malt liquor for the preceding year; 2. They are Off-Sale 3.2 Percent Malt Liquor licensee with sales of less than $50,000 of 3.2 percent malt liquor for the preceding year; 3. They are holders of On-Sale Wine licenses with sales of less than $25,000 for wine for the preceding year; 4. They are holders of temporary wine licenses. It was the recommendation of the City Attorney that the City Code should also state these exemptions above. §503.04, subd. 2: No on-sale license shall be issued to any place within fifty feet (50) of any public school or church and no off-sale license shall be issued to any place within five hundred feet (500). Should both the on-sale and off-sale consistent with each other? Why should on-sale be any different than off-sale? Recommendation: Please review the items above. Staff would like to address these issues presenting a Liquor Code Amendment for City Council consideration at a future City Council Meeting. Respectfully submitted, ________________________ Desaree Crane Assistant City Clerk - Administrator Item No: 2 Meeting Date: March 1, 2010 Type of Business: Work Session Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk - Administrator Item Title/Subject: Discuss Charitable Gambling Code Amendment Introduction: At the 2009 September Work Session, September 14, 2009, City Council Meeting and the 2009 December Work Session, Staff and the City Council reviewed a draft of an ordinance creating a new chapter in the City Code regulating lawful gambling. During the December 2009 Work Session, Lake Regional Hockey Association (conducting lawful charitable gambling at Moe’s) and the Spring Lake Park Lions (conducting lawful charitable gambling at Robert’s Sports Bar and Entertainment), raised concerns about the new Charitable Gambling Code amendment requiring licensed charitable gambling organizations to contribute 10% of their net profits to the City. According to Lake Regional Hockey Association and the Spring Lake Park Lions, profits have been steadily decreasing, and therefore, it is becoming more difficult for them to raise money for their organization. Staff was instructed by the City Council to meet with these organizations to discuss this City Fund, and try to come up with other options. Discussion: Staff spoke with the Spring Lake Park Gambling Manager, Shawn Donahue, on Thursday February 25, 2010, and he expressed his continued concerns about this City Fund. He further stated that gambling revenues continue to decrease, and would like the City Council to consider reviewing this City Fund requirement at a later time. Mr. Donahue felt that the City already has two local charitable organizations in this City, which already give back to the local community. In addition, Mr. Donahue made a recommendation for City Council consideration to possibly add a requirement that all organizations must be based in the City of Mounds View. Mr. Donahue further stated that the City Council could also provide language that the City Council could exempt organizations who do not meet residency criteria on a case by case basis. Mr. Donahue felt that this would assist the City ensuring that all charitable gambling proceeds go back to the local community. The City of Coon Rapids and Roseville have residency requirements for organizations to conduct charitable gambling in their city, however, their City Code does not provide exemption criteria for their City Council to consider organizations outside their city limits. (Staff is checking on the legalities associated with such requirements.) Item 02 Monday, March 1, 2010 Work Session Page 2 Staff is unsure how much revenue would be generated by “10%” City Fund. If the City Council wishes to continue with the revision requiring licensed charitable gambling organizations to contribute 10% of their net profits to the City, then Staff would report to the City Council periodically on the revenue of this fund. If the report shows that administrative costs are not being covered due to low gambling revenues, then the City Council could direct Staff to revisit this requirement, and possibility make further revisions to this section of the City Code. The other issue the City Council discussed was in regard to local gambling permits, and whether the City Council wishes to approve gambling activity excluded or exempted by the State. There are certain activities (identified as excluded or exempted activities in State Statute) that the gambling board does not require a license to operate. These are often related to Bingo at community events (for example Mounds View Community Theatre conducting Bingo at the City’s Festival), or temporary events such as the Shipwreck Museum at the Mermaid. The Charitable Gambling Code amendment would require Council action on these permits. Does the City Council want to approve these types of permits? Recommendation: Attached is the last revision on the Charitable Gambling Code amendment, which was discussed at the September 14, 2009, City Council Meeting. The following below are options for the City Council to consider: • Do not make any further revisions to the Charitable Gambling Code amendment, and maintain the 10% City Fund as written. • Delete the 10% City Fund requirement from the Charitable Gambling Code and discuss it at a later date. • Consider Mr. Donahue’s recommendation to add language to the Charitable Gambling Code that all organizations be based in Mounds View, but have exemption provisions in place for the City to consider other outside charitable organizations. • Provide direction regarding local permits for exempt and excluded gambling activity. Item 02 Monday, March 1, 2010 Work Session Page 3 Please review the options for discussion. Staff would like to present the Charitable Gambling Code amendment (Ordinance 835) for a first reading at March 8, 2010, City Council Meeting. Respectfully submitted, ________________________ Desaree Crane Assistant City Clerk - Administrator 354701v2 MJM MU125-65 1 ORDINANCE NO. 835 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 500 OF THE MOUNDS VIEW CITY CODE BY CREATING A NEW CHAPTER 518 REGULATING LAWFUL GAMBLING AND AMENDING TITLE 500, SECTIONS 502.13 AND 503.09, TO BE CONSISTENT WITH THE NEW CHAPTER 518 THE CITY OF MOUNDS VIEW, MINNESOTA, ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 500 of the Mounds View Municipal Code by adding Chapter 518 as follows: Section 518.01 Adoption of State Law by Reference 518.02 Purpose 518.03 Definitions 518.04 Applicability 518.05 Lawful Gambling Permitted with Council Approval 518.06 Application and Local Approval of Premises Permits 518.07 Local Permits 518.08 Revocation and Suspension of Local Permit 518.09 License and Permit Display 518.10 Notification of Material Changes to Application 518.11 Contribution of Net Profits to Fund Administered by City 518.12 Designated Trade Area 518.13 Records and Reporting 518.14 Hours of Operation 518.15 Penalty 518.16 Severability 518.01: ADOPTION OF STATE LAW BY REFERENCE: The provisions of Minnesota Statutes, Chapter 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this ordinance as if set out in full. It is the intention of the Council that all future amendments of Minnesota Statutes, Chapter 349, are hereby adopted by reference or referenced as if they had been in existence at the time this ordinance was adopted. 354701v2 MJM MU125-65 2 518.02: PURPOSE: The purpose of this ordinance is to regulate lawful gambling within the City of Mounds View to ensure the integrity of operations, and to provide for the use of net profits only for lawful purposes. 518.03: DEFINITIONS: In addition to the definitions contained in Minnesota Statutes, Section 349.12, as it may be amended from time to time, the following terms are defined for purposes of this ordinance: BOARD, as used in this ordinance, means the State of Minnesota Gambling Control Board. CITY, as used in this ordinance, means the City of Mounds View. COUNCIL, as used in this ordinance, means the City Council of the City of Mounds View. LICENSED ORGANIZATION, as used in this ordinance, means an organization licensed by the Board. LOCAL PERMIT, as used in this ordinance, means a permit issued by the City. TRADE AREA, as used in this ordinance, means the City, Blaine, Shoreview, Arden Hills, New Brighton, Fridley, and Spring Lake Park. 518.04: APPLICABILITY: This ordinance shall be construed to regulate all forms of lawful gambling within the City except bingo conducted pursuant to Minnesota Statutes, Sections 349.166, subdivisions 1(b), as amended from time to time. 518.05: LAWFUL GAMBLING PERMITTED WITH COUNCIL APPROVAL: Lawful gambling is permitted within the City provided it is conducted in accordance with Minnesota Statutes, Sections 609.75-609.763, inclusive, as they many be amended from time to time; Minnesota Statutes, Sections 349.11-349.23, inclusive, as they may be amended from time to time; and this ordinance. Lawful gambling shall not be conducted unless approved by the Council. 518.06: APPLICATION AND LOCAL APPROVAL OF PREMISES PERMITS: Subd. 1. Any organization seeking to obtain a premises permit or renewal of a premises permit from the Board shall file with the clerk-administer an executed, complete duplicate application, together with all exhibits and documents accompanying the application as will be filed with the Board. 354701v2 MJM MU125-65 3 Subd. 2. Upon receipt of an application for issuance or renewal of a premises permit, the clerk-administer shall transmit the application to the chief of police for review and recommendation. Subd. 3. The chief of police shall investigate the matter and make the review and recommendation to the City Council as soon as possible, but in no event later than forty-five (45) days following receipt of the notification by the City. Subd. 4. Organizations applying for a state issued premises permit shall pay the City an annual $100 investigation fee. This fee shall be refunded if the application is withdrawn before the investigation is commenced. Subd. 5. The applicant shall be notified in writing of the date on which the Council will consider the recommendation. Subd. 6. The Council shall receive the police chief's report and consider the application within forty-five (45) days of the date the application was submitted to the clerk-administer. Subd. 7. The Council shall, by resolution, approve or disapprove the application within sixty (60) days of receipt of the application. Subd. 8. The Council shall deny an application for issuance or renewal of a premises permit for any of the following reasons: (a) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three (3) years. (b) Violation by the on-sale establishment, or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last three (3) years. (c) Lawful gambling would be conducted at premises other than those for which an on-sale liquor license has been issued. (d) Lawful gambling would be conducted at more than two (2) premises within the City. (e) Failure of the applicant to pay the investigation fee required by this Section within the prescribed time limit. (f) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Otherwise the Council shall pass a resolution approving the application. 354701v2 MJM MU125-65 4 518.07: LOCAL PERMITS: Subd. 1. No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by Minnesota Statutes, Section 349.166, as it may be amended from time to time, without a valid local permit. Subd. 2. Applications for issuance or renewal of a local permit shall be on a form prescribed by the City. The application shall contain the following information: (a) Name and address of the organization requesting the permit. (b) Name and address of the officers and person accounting for receipts, expenses, and profits for the event. (c) Dates of gambling occasion for which permit is requested. (d) Address of premises where event will occur. (e) Copy of rental or leasing arrangement, if any, connected with the event including rental to be charge to organization. (f) Estimated value of prizes to be awarded. Subd. 3. The fee for a local permit shall be $100. The fee shall be submitted with the application for a local permit. This fee shall be refunded if the application is withdrawn before the investigation is commenced. Subd. 4. Upon receipt of an application for issuance or renewal of a local permit, the clerk- administer shall transmit the notification to the chief of police for review and recommendation. Subd. 5. The chief of police shall investigate the matter and make review and recommendation to the City Council as soon as possible, but in no event later than forty-five (45) days following receipt of the notification by the City. Subd. 6. The applicant shall be notified in writing of the date on which the Council will consider the recommendation. Subd. 7. The Council shall receive the public safety department’s report and consider the application within forty-five (45) days of the date the application was submitted to the city clerk. Subd. 8. The Council shall deny an application for issuance or renewal of a local permit for any of the following reasons: (a) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three (3) years. (b) Violation by the on-sale establishment, or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to the operation of the establishment, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last three (3) years. (c) The organization has not been in existence in the Trade Area for at least three (3) consecutive years prior to the date of application. (d) The organization does not have at least five (5) active members. 354701v2 MJM MU125-65 5 (e) Exempted or excluded lawful gambling will not take place at a premises the organization owns or rents. (f) Failure of the applicant to pay the permit fee provided by this Section within the prescribed time limit. (g) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Otherwise the Council shall approve the application. Subd. 9. Local permits shall be valid for one year after the date of issuance unless suspended or revoked. 518.08: REVOCATION AND SUSPENSION OF LOCAL PERMIT: Subd. 1. A local permit may be revoked, or temporarily suspended for a violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling. Subd. 2. A license shall not be revoked or suspended until notice and an opportunity for a hearing have first been given to the permitted person. The notice shall be personally served and shall state the provision reasonably believed to be violated. The notice shall also state that the permitted person may demand a hearing on the matter, in which case the permit will not be suspended until after the hearing is held. If the permitted person requests a hearing, the Council shall hold a hearing on the matter at least one week after the date on which the request is made. If, as a result of the hearing, the Council finds that an ordinance violation exists, then the Council may suspend or revoke the permit. 518.09: LICENSE AND PERMIT DISPLAY: All permits issued under state law or this ordinance shall be prominently displayed during the permit year at the premises where gambling is conducted. 518.10: NOTIFICATION OF MATERIAL CHANGES TO APPLICATION: An organization holding a state issued premises permit or a local permit shall notify the City within ten (10) days in writing whenever any material change is made in the information submitted on the application. 518.11: CONTRIBUTION OF NET PROFITS TO FUND ADMINISTERED BY CITY: Subd. 1. Each organization licensed to conduct lawful gambling within the City pursuant to Minnesota Statutes, Section 349.16, as it may be amended from time to time, shall contribute ten (10) percent of its net profits derived from lawful gambling in the City to a fund administered and regulated by the City without cost to the fund. 354701v2 MJM MU125-65 6 Subd. 2. Payment under this section shall be made annually on or before March 1 for the prior calendar year, and shall be submitted together with verifiable supporting documentation. Subd. 3. The City shall disburse the funds for charitable contributions as defined by Minnesota Statutes Section 349.12, Subdivision 7a, as it may be amended from time to time. 518.12: DESIGNATED TRADE AREA: Subd. 1. Each organization licensed to conduct gambling within the City shall expend at least seventy-five percent (75%) of its lawful purpose expenditures on lawful purposes conducted within the City’s Trade Area. Subd. 2. This section applies only to lawful purpose expenditures of gross profits derived from gambling conducted at a premises within the City’s jurisdiction. 518.13: RECORDS AND REPORTING: Subd. 1. Organizations conducting lawful gambling shall file with the clerk-administer one copy of all records and reports required to be filed with the Board, pursuant to Minnesota Statutes, Chapter 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they may be amended from time to time. The records and reports shall be filed on or before the day they are required to be filed with the Board. Subd. 2. Organizations licensed by the Board shall file a report with the City proving compliance with the trade area spending requirements imposed by Section 518.12 (Designated Trade Area). Such report shall be made on a form prescribed by the City and shall be submitted annually and in advance of application for renewal. 518.14: HOURS OF OPERATION: Lawful gambling shall not be conducted between 1 a.m. (or 2 a.m. if the premises has been approved for the extended bar closing time) and 8 a.m. on any day of the week. 518.15: PENALTY: Any person who violates: (a) Any provision of this ordinance; (b) Minnesota Statutes, Sections 609.75-609.763, inclusive, as they may be amended from time to time; or (c) Minnesota Statutes, Sections 349.11-349.21, as they may be amended from time to time or any rules promulgated under those sections, as they may be amended from time to time shall be guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or imprisonment for a term not to exceed ninety (90) days, or both, plus in either case the costs of prosecution. In addition, violations shall be reported to the Board and recommendation shall be made for suspension, revocation, or cancellation of an organization’s license. 354701v2 MJM MU125-65 7 518.16: SEVERABILITY: If any p rovision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 2. The City Council of the City of Mounds View hereby amends Title 500, Chapter 502, of the Mounds View Municipal Code by amending Section 502.13, subdivision 2, as follows: Subd. 2. Gambling Devices: a. No licensee shall keep, possess or operate or permit the keeping, possession or operation of any slot machines, dice or any gambling device or apparatus equipment on the licensed premises or in any room adjoining the licensed premises in violation of Chapter 349 of Minnesota Statutes and Chapter 518 of the City Code. Licensee shall not permit any gambling therein, except when in conjunction with an event licensed under Minnesota Statutes 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. 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. c. By December 31st of each calendar year, a licensed organization conducting lawful gambling within the City shall expend seventy five percent (75%) of its expenditures for lawful purposes conducted or located within the City's trade area. The City's “trade area” is defined as, and limited to, Mounds View, Spring Lake Park, Blaine, Shoreview, Arden Hills, New Brighton and Fridley. d. Each organization licensed to conduct charitable gambling in the City shall report monthly to the City its gross receipts, expenses, and profits from those activities in and the distribution of those profits, itemized as to payee, purpose, amount and date of payment. Organizations licensed to conduct charitable gambling at more than one (1) site must provide the above-mentioned information for each site within the City. These requirements may be satisfied by submission of copies of the monthly reports required by the Gambling Control Board. SECTION 3. The City Council of the City of Mounds View hereby amends Title 500, Chapter 503, of the Mounds View Municipal Code by amending Section 503.09, subdivision 8, as follows: Subd. 8. Gambling and Gambling Devices: a. No licensee shall keep, possess or operate or permit the keeping, possession or operation of any slot machines, dice or any gambling device or apparatus equipment on the licensed premises or in any room adjoining the licensed premises in violation of 354701v2 MJM MU125-65 8 Chapter 349 of Minnesota Statutes and Chapter 518 of the City Code. Licensee shall not permit any gambling therein, except when in conjunction with an event licensed under Minnesota Statutes 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. 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. c. By December 31st of each calendar year, a licensed organization conducting lawful gambling within the City shall expend seventy five percent (75%) of its expenditures for lawful purposes conducted or located within the City's trade area. The City's “trade area” is defined as, and limited to, Mounds View, Spring Lake Park, Blaine, Shoreview, Arden Hills, New Brighton and Fridley. d. Each organization licensed to conduct charitable gambling in the City shall report monthly to the City its gross receipts, expenses, and profits from those activities in and the distribution of those profits, itemized as to payee, purpose, amount and date of payment. Organizations licensed to conduct charitable gambling at more than one (1) site must provide the above-mentioned information for each site within the City. These requirements may be satisfied by submission of copies of the monthly reports required by the Gambling Control Board. SECTION 4. 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: September 14, 2009 Second Reading and Adoption: September 28, 2009 Publication Date: October 8, 2009 Joe Flaherty, Mayor Attest: _______________________________ Jim Ericson, Clerk-Administrator (seal) Item No: 3 Meeting Date: March 1, 2010 Type of Business: Work Session Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk - Administrator Item Title/Subject: Review Nomination(s) for the 2009 Citizenship Award Background: The City of Mounds View Citizenship Award recognizes ordinary citizens who have demonstrated initiative to improving the community. Past recipients of this award include: 2004: David Jahnke 2005: Frank Silvis 2006: Ed Lanz 2007: Don Hodges 2008: Barbara Haake Discussion: The City of Mounds View Citizenship Award recognizes a Mounds View resident who represents the energetic, courageous, persistent and informed involvement of an ordinary citizen in the issues and challenges that affect the City of Mounds View. The award seeks to honor highly effective community leaders who have invested a significant amount of time improving their community. The Mounds View Citizenship Award is scheduled to be presented at the March 29th Town Hall Meeting. If the award recipient cannot attend the Town Hall Meeting, then the City Council may consider presenting this award at a regular meeting. Recommendation: Staff extended the application deadline for nominations to Friday, February 26, 2010. Staff will provide the nominations to the City Council at the Work Session. Based upon the City Council’s direction, Staff will present a Resolution for adoption at the March 8, 2010, City Council Meeting, and a plaque will be prepared for a formal presentation at the Town Hall Meeting. Respectfully submitted, __________________________ Desaree Crane Item No: 4 Meeting Date: March 1, 2010 Type of Business: WS Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Discussion about allowing courtesy/transit benches in the City Introduction: City Staff received an inquiry from a new resident who lives at Silver Lake Road and County Road I. He was interested in placing a bench at the bus stop in his yard and selling advertising space on the bench. Staff reviewed the city code to see if it dealt with these types of courtesy or transit benches. Other than the sign code, the Mounds View City Code is silent about the placement or use of these benches. Discussion: This inquiry about a bench is the first one that staff has received – possibly ever. There currently are two benches at the bus stops on the corner of County Road H2 and Long Lake Road. These benches appear to have been in place for many years and have advertising on them. Private advertising companies own and place the bus benches, who then put advertising on them to generate revenue. Metro Transit does not have anything to do with the benches. The Mounds View City Code does not require a permit for signage on transit benches or in a transit shelter or enclosure. Staff researched to see if any other cities allow or have requirements for courtesy or transit benches. Most cities probably have at least one bench at a bus stop, no matter whether the city code addresses them or not. Some cities specifically regulate the benches and require annual licenses. The following is a list of nearby cities and if they regulate benches in their city codes: Fridley: The city code does not address bus benches. Roseville: The city code does address bus benches. Arden Hills: The city code only addresses a park bench donation program for placement in parks and trails. Maplewood: The city code does address courtesy benches. Shoreview: The city code does address transit benches. New Brighton: The city code does address courtesy benches. Spring Lake Park: The city code only addresses memorial benches as a park donation. Blaine: The city code does not address transit or courtesy benches. Transit/Courtesy Benches Staff Report March 1, 2010 Page 2 All the cities that regulate transit benches have almost the same requirements. They all require an annual license, liability insurance, city approval of the bench location, and they are only allowed in the right-of-way at transit stops. They also have many requirements for the size, location, construction, maintenance, advertising and removal. The annual bench license fees in all the cities are very low ($30-$69), except Shoreview ($3,000), so they do not generate much revenue for a city. Staff’s opinion is that since there has not been a problem with benches being placed in Mounds View, that the city does not need to amend the city code at this time. Although, if the Council decides that they do not wish to have these benches in the city, the city code could be amended to specifically state that they are not allowed. Most bus stops in Mounds View are in residential areas and staff assumes that most homeowners would not want a bench in their front yard. The two benches that are currently in Mounds View are in front of Scotland Green apartments and across the street on the Red Oak Estates townhome property. If the City Council were inclined to add regulations for transit/courtesy benches, staff recommends that the City use the same or similar standards as the other cities in the metro area. The City Council also should decide whether to include regulations for bus shelters, although the possible locations for a shelter are so limited that it probably would not be necessary for the City to have regulations for them. Recommendation: The City Council should discuss the placing of bus benches in Mounds View, and if the City Code should be amended to either allow and regulate transit benches, or specify that they are not allowed in the City of Mounds View. Respectfully submitted, Heidi Heller Planning Associate Item No: 5 Meeting Date: March 1, 2010 Type of Business: Work Session Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: 2010 Budget Discussion The state is facing an additional budget deficit of 1.2 billion on top of the initial 2.7 billion deficit. The next revenue forecast for the state will be released on March 2nd so there could be additional changes to the supplemental state budget. To solve the 1.2 billion state deficits, the Governor has proposed reducing state aid to the City by an additional $381,000 on top of the already proposed $340,000 for a total reduction of $721,000. The state will face budget issues for a number of years thus we can not count on any aid from the state for 2011 and beyond. Staff has put together some possible reductions that will allow us to stay balanced for the remainder of 2010. These are short-term solutions and do not provide for long-term sustainability. Respectfully Submitted, Mark Beer City of Mounds View Possible Budget Adjustments for 2010 2010 Proposed Realized General Fund: Use Fund Balance (2008 ending balance $2,655,097) 60,000 Increase transfer from Levy Reduction Fund Reduce contingency budget ($100,000)100,000 Reduce transfers to Vehicle and Equipment fund ($50,000) 50,000 50,000 Reduce transfers to Community Center ($175,000)25,000 25,000 Hiring freeze or delay hiring PSO ($2,530 per month)7,590 7,590 PSO - Summer hours (Budget $5,345)5,345 Public Works Supervisor (General Fund $36,966)($3,081 per month)7,702 7,702 New Police Chief ($120,599 budget)(10,050 per month)60,300 20,100 Seasonals (9 positions)(7 positions Budgeted Parks & PW $54,116, $7,731 per)7,731 7,731 Temp Building Inspector (budget $26,810)26,810 26,810 Fuel savings (use $2.75 instead of $3.25) Police 6,500 1,083 Parks 1,500 250 Public Works Veh. & Equip. Maintenance 450 75 Pavement Management 1,400 233 Snow & Ice 1,000 167 Department reductions Administrator - Rotary 1,800 1,800 Central Services - webhosting 100 100 Public Works Admin EJCDC Construction document set (move to Water & Sewer funds)700 700 Recreation - Play Ground Program 18,000 381,928 149,341