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HomeMy WebLinkAboutMinutes - 1973/04/09A Regular Meeting of the Mounds View Village Council was called to order by Mayor Neisen at 8:00 P.M. on April 9, 1973, at the Mounds View Village Hall, 2401 Highway #10, St. Paul, Minnesota 55112. Present: Absent: PROCEEDINGS OF THE VILLAGE COUNCIL VILLAGE OF MOUNDS VIEW COUNTY OF RAMSEY April 9, 1973 Mayor Neisen Councilman Baumgartner Councilman Johnson Councilman Pickar Councilman Hodges Also Present: Clerk- Administrator Zylla Attorney Meyers Engineer Bearden MSP (Baumgartner- Johnson) To approve the minutes of March 26, 1973. 3 Ayes Pickar Abstained Resident Requests and Comments from the Floor: Mr. Rademacher, principal of Pinewood Elementary School, requested that the Council furnish him with a letter in care of the Ramsey County Board of Commissioners asking that a semaphore be installed on the corner of County Road I and Quincy Street. Mr. Rademacher stated that originally the P.T.A. and several parents had requested stop signs, however, Dean Anklan, Ramsey County Engineer, has recommended that a semaphore be installed there rather than stop signs. Mr. Rademacher added that he was planning on attending the Ramsey County Commissioners meeting with 934 names on a parent petition, special parent letters, student drawings and letters, letters of support by the school district office, Mounds View police chief, and the Village Council. In addition, they were furnishing the Board with an 18 minute video tape of the intersection. Mayor Neisen read a letter of endorsement from Chief Grabowski and the Council. MSP (Neisen- Pickar) To authorize the Mayor to send the letter of endorsement to the County Board regarding traffic control devices at Quincy Street and County Road 1. The Village Council made no commitment as to possible sharing in the costs of the semaphore. Ole Bacon, 2265 Highway #10 requested a semaphore fcc County Road I and Highway #10. Mayor Neisen's Report Mayor Neisen read a proclamation declaring April 28th as Village Cleanup Day noting that several organizations will assist residents in cleaning up their areas. A newsletter will be mailed to each homeowner. Mayor Neisen read the Police Report for March. 4 Ayes es In answer to a letter directed to him regarding the poor service provided by his company in recent weeks, Leo Bruder of J W Pickup Service responded to questions froi. the Council. Mr. Bruder stated that he felt his problem was that he was taking too much stuff without levying a charge for it, that he has had over 40 men working for him that have left his company since Christmas, and that the men that he has do not work hard enough. Councilman Johnson asked that Mr. Bruder attempt to solve his problem and added that the Village is not receiving complaints about the operations of other haulers. MSP Neisen- Johnson) To call a special hearing to order at 8:39 P.M. to consider a possible amendment to the gasoline station ordinance. 4 Ayes Attorney Meyers read the amended ordinance. Mr. Meyers noted that the major changes that take place by this amendment are that: all storage of spare parts, tools and tires must be inside the premises, and no vehicle in a state of disrepair should be stored on the premises. Bob Cheney of Bbb's Gulf noted that his trash barrel is used by everyone.creating an unsightly condition of his property. He asked if under the ordinance, operators could store vehicles needing repair on their premises. The Council felt that vehicles in need of repair could be stored as long as the repair could be performed in a reasonable amount of time. Robert Glazer asked if the ordinance applied to Century Motor Freight. Attorney Meyers replied that it did not. Jerry Blanchard, 8005 Groveland Road asked if a car has its engine pulled, the car must be kept inside the premises. Attorney Meyers replied, "Yes Mayor Neisen asked Attorney Meyers if a license was required in order to place conditions on the repair and service of vehicles. Attorney Meyers replied that it was not. David Peterson, operator of Dave's Gulf, 2155 Highway Avenue, stated that every car has a work order and the police could check them to find out whether a car is being repaired or not. In reply, Attorney Meyers stated that technically the Village would have to get a warrant to examine work orders. Moreover, the Council is not in agreement as to how many cars should be left on the premises. William Gillespie, 2035 Highway #10, declared that if you regulate one business you must regulate other businesses as well, including the Bel -Rae Ballroom. Councilman Baumgartner said that an ordinance such as this is almost impossible to enforce and the police have other things to do. He recommended that the Council adopt two separate ordinances, one dealing with the amendments suggested above and the other regulating automobile, truck, and trailer repair with the second ordinance requiring a minimum fee of $1.00 per year. Harry Gum, 7805 Greenwood Drive, asked what other villages do. Attorney Meyers said some villages license in this manner, some communities license a multitude of businesses. -2- Andy DeGross, owner of Long Lake "66" suggested that the police ask owners to clean up their premises. Mayor Neisen stated that what was needed was an ordinance with some meat in it. MSP (Johnson Pickar) To adjourn the hearing at 9:24 P.M. 4 Ayes Council decided that they were unable to reach any agreement regarding this problem and informed everyone in the audience that they would be notified at least two weeks prior to the adoption of any proposed change in the ordinance if such change took place. Mayor Neisen called the hearing to consider amending Chapter #100 of the Municipal Code to order at 9:25 P.M. Attorney Meyers read the proposed amendment which dealt with the regulation of obscene or immoral activities which are conducted on premises licensed to sell intoxicating liquor. The ordinance was a direct attempt to control lingerie shows. Attorney Meyers stated that the language for the proposed ordinance amendment came from the California Supreme Court ruling of LaRue versus California, December 5, 1972. He stated that the regulated acts could be viewed, and upon complaint and proof, the liquor license could be suspended or revoked. Furthermore, that a liquor license is not a vested right but a privilege, and an attempt to control obscene activities that occur in an establishment that serve intoxicating liquor is both reasonable and enforceable. A gentleman, (who refused to give his name), inquired as to whether or not a woman that was bra -less would be regulated. The answer was "no as long as she was covered. Mr. Anthony Donatelle asked, if bra and panties were worn by a girl, if it was okay. The reply was that this was not illegal by this ordinance, provided the parts mentioned were not displayed. Mr. Charles Hall, owner of the Mermaid stated that he has seven lingerie shows per week, and that in order to make his business successful, he has to draw business outside of Mounds View. He said that models represent about 1/6 of his business volume. Over 8,000 persons per month go through the Mermaid. He did not find objections to the Council requiring that dancing be performed on stage, but asked that transparent or opaque covering be allowed for the top and bottom rather than requiring only opaque covering. He added that everyone in the establishment was of legal age and that the show was a well run operation. His business has increased over 70% since May 1, 1972 when he obtained ownership. And, he needs to remain competitive with St. Paul or his business volume will decrease. He declared that the police chief has said there have been few problems at the Mermaid since he assumed ownership. Jack Wallace, counsel for the Mermaid said that he had attended two shows a% the Mermaid. He did agree with Attorney Meyers general conclusion on the Villages regulatory powers. However, he added that he has been at other bars where persons are more discourteous and the language has been worse. He felt that the lingerie show had a quieting effect; that the men were controlled. -3- He asked if the Village has had specific complaints. He did agree that dancing on tables was "bad news but his client has separated the dancing and the show from the dining room so persons not wanting to view the show will not be exposed to it. Since Mr. Hall assumed ownership it is now the kind of place he could take his wife. According to Mr. Wallace, the St. Paul ordinance was in two parts, regulating one who serves and any customers. He felt that the courts would not support th^ covering of the breast with an opaque cover. He asked whether the complaints were affecting the community and where is the problem? He told the Council that their approach was severe. Dorothy Freyburger, 5178 Longview Drive, added that Mr. Hall had not asked her to come to the hearing and she has worked for Mr. Hall for about ten weeks and there have been no fights or problems while she was employed there. Phyllis Blanchard, 8005 Groveland Road, stated she was against the ordinance because she was against censorship. Councilman Pickar asked if it was only Paragraph "G" that concerned Mr. Hall. In reply, Attorney Meyers declared that the ordinance was modeled from St. Paul except that section "G" differs with St. Paul's wording of "transparent or opaque In Mounds View's proposed ordinance any display to public view is prohibited. Councilman Baumgartner asked if the Council could control covering by requesting opaque cover. Attorney Meyers stated that in the regulation of liquor the Council can lass reasonable regulations. The Supreme Court did not rule on transparency per sa. Mayor Neisen stated that he had received six or seven calls before he went to see the show and about 15 to 20 calls since, three in favor of the show. He became disgusted at the dancing on the tables and the language that took place by the announcer. He felt any person should be prohibited from dancing on any table or bar not just any employee and that the dancers should be at least three feet away from any person. He would allow transparency on the breasts, but favored an opaque covering of the pubic area. Charles Hall stated that he would like the girls to be able to wear transparent panties. Councilman Baumgartner said he would agree to transparency on top with the double transparency on the bottom, meaning transparent panties covered by a negligee. Councilman Johnson said he had attended the show recently and he found the announcer vulgar. He was more offended by his language than by the girls. Councilman Pickar said he was impressed by the police surveillance of the area and has found talking to the police chief that there have been less problems since Mr. Hall assumed ownership. He wants to regulate the lingerie shows, but wants to see Mr. Hall's business remain in competition with other businesses. He also favored the double transparency. Motion (Neisen) To amend Section "G" of Om proposed ordinance that a transparent covering be allowed for the breast, but requiring opaque covering for the pubic area with a stage placed at least three feet away from any customers. There was no second to the motion. 4- MSP Pickar- Baumgartner) To amend the ordinance to require transparency on the top and double transparency on the bottom with a stage three feet away from any customers. MSP (Johnson Pickar) To incorporate into the ordinance that the models would be allowed to circulate through the aisles, but that dancing should be restricted to at least three feet from any patron. MSP (Baumgartner- Johnson) To adjourn the special hearing at 10:28 P.M. 4 Ayes A three minute recess was called by the Mayor. Mr. Edward Donatelle asked the Council if they had adopted the new license fees for on -sale intoxicating liquor. He felt license fees were high enough. Mayor Neisen read parts of a survey of license fees taken recently. He felt that $3,800.00 was not out of line since there had not been a raise in the fees for 13 years and police patrol costs have increased substantially since the first license fee of $2,500.00 was adopted. The Council felt to expect the four on -sale intoxicating liquor establishments to pay approximately the full cost of one patrolman was reasonable. Mayor Neisen said that the Mounds View's police budget was $150,900.00 for nine patrolmen. Councilman B artner's Re.ort um Councilman Baumgartner read a portion of the Planning Commission minutes of March 28th. Mr. Richard Newman, representing Paster Enterprises, was in attendance. Councilman Baumgartner stated that the Planning Commission recommended the Council set a public hearing to rezone the Paster property for a shopping center. Robert Glazer asked that the Council consider a public informational hearing previous to the regular Council hearing on the proposal in order to give citizens time to react to the proposal. Mr. Newman said they were anxious to start with the project as soon as possible, but would attend such an informa- tional hearing. MSP Neisen- Johnson) To set a public hearing for rezoning from B -1 to B -3 for Paster Enterprises at 8:30 P.M., April 23rd, for the property described: N 200' of unplatted lands ex N 33' and E 33' for County Road 1 and Long Lake Road and ex SWly 150' part of NE'k of cl of STH 10/62 in 7/30/23. Generally located South of County Road I a distance of 200' between Long Lake Road and TH 10. Council authorized a public information hearing for April 18th provided that -5- 3 Ayes Neisen Naye 4 Ayes 4 Ayes the meeting is sanctioned by the Planning Commission and directed by a duly authorized Planning Commission or Council member. Clerk- Administrator Zylla's Report MSP (Nelsen- Johnson) To authorize Attorney Meyers to prepare an amendment to the Municipal Code increasing the on -sale intoxicating liquor license fee from $2,500.00 to $3,800.00 per year. 4 Ayes MSP (Picker- Baumgartner) To approve the following licenses: Cement John's Construction Co.; Garbage /Rubbish J W Pickup Service; General Contractor Fred E. Rehbein Construction Corp.; Heating Commercial Air Conditioning Inc. 4 Ayes MSP (Baumgartner Pickar) To approve the transient merchants licenses for Donald Rudkin, 8150 Eastwood to sell produce and Charles Schultz, 7581 Spring Lake Road to sell burglar alarms and fire detectors. 4 Ayes MSP (Neisen Pickar) To approve the following bills: General Fund checks #7170 thru #7212, Payroll checks #231 thru 252, Payroll Account checks #1011 thru 1013 and check #7213 transferring $9,664.34 to Payroll Account to pay gross pay of April 15, 1973 from: General $7,897.17, Water $1,057.67, Sewer $709.50. Total disbursements $27,365.48. 4 Ayes Clerk Zylla announced that the audit for the year 1972 was received from the public accounting firm of George M. Hansen Company. MSP (Neisen Johnson) To receive petitions for sewer, water and street improvements for the West 350' approximately of Lots 2, 3, and 4, Auditor's Subdivision #89 from Brentwood Development Company. MSP (Neisen- Johnson) To direct the engineer to prepare a preliminary report and cost estimate on extending sewer, water, Street, drainage, and storm sewer for all north south streets north of Ardan Avenue extending to County Road J, including proposed Pleasant View Drive, Knollwood Drive, Fairchild Avenue, Sunnyside Road, and Greenwood Drive. (Project 1973 -4). MSP (Pickar Baumgartner) To adopt Resolution #599 apportioning the assessments on Division 46202. 4 Ayes 4 Ayes 4 Ayes MSP (Neisen- Johnson) To adopt Resolution No. 600 describing the position of Clerk- Administrator. 4 Ayes Councilman Johnson's Report MSP (Johnson Pickar) To approve the master contract between the Village of Mounds View and Local No. 49 and to authorize the Mayor and Clerk to sign it. 4 Ayes MSP (Johnson- Baumgartner) To authorize the Vi "age of Mounds View to enter into the suit relative to the SAC charge as a party defendant and to send a letter to David Larsen, Sewer Advisory Board Chairman, indicating Village participation at no expense. 4 Ayes Councilman Johnson stated that street sweeping south of Highway 10 was almost completed. Councilman Baumgartner's Report Councilman Baumgartner stated that Ken Simmons will be at the Recreation Committee meeting on April 26th. He also thanked the Mounds View snowmobile club for their recent $300.00 donation which is allocated to park improvements. Councilman Baumgartner read the Planning Commission minutes of March 28th. MSP (Baumgartner Pickar) To approve the subdivision request of Glen Baxton to divide Lot 1, Block 6, Laport Meadows into the north 120 feet thereof and except the N 120 feet thereof subject to the payment of $986.40 in additional assessments. Councilman Pickar's Report Councilman Pickar said that sand seeding would take place at Lakeside Park this year. In addition, Spring Lake Park School District will assist the Commission in hiring life guards. Attorney Meyers" Report Having investigated the Village's ability to fund Rick Rosow's salary as an employee of the school district, Attorney Meyers stated that the joint powers agreement between Mounds View and other communities has been terminated and there is no written agreement to fund this expenditure. In fact, to do so may be an illegal expenditure. Clerk Zylla is to notify the school district of Attorney Meyers finding. Attorney Meyers presented copies of Ordinance No. 200 renumbering certain residences and businesses in the Village effective September 1, 1973. MSP (Johnson Pickar) To adjourn at 11:45 P.M. 4 Ayes ,Respectfully Submitted, is ,I l, Dennis S. Zyll Clerk- Administrator -7- 4 Ayes