HomeMy WebLinkAboutMinutes - 1976/01/26PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
A regular meeting of the Mounds View City Council was called
to order by Mayor Johnson on January 26, 1976, at 8:05 p.m.,
at Mounds View City Hall, 2401 Highway 10, Mounds View, MN 55112.
Present: Mayor Johnson Also present: Clerk -Adm. Achen
Councilman Hodges Attorney Meyers
Councilman Baumgartner Engineer Bearden
Councilman Pickar
Councilman Shelquist
MSP (Shelquist- Hodges) to approve the minutes of January 12, 1976.
5 ayes
MSP (Shelquist Baumgartner) to approve the minutes of the
special meeting of the Mounds View City Council on January 19,
1976. 5 ayes
(Shelquist- Hodges) to approve the minutes of the special
meeting of the Mounds View City Council on January 20, 1976.
Councilman Shelquist stated that at this meeting a citizen
affirmed that there is a drainage problem along Arden Avenue
west of Abiding Savior Lutheran Church. Mayor Johnson stated
that he abstained from voting as he was not present at the 4 ayes
meeting. 1 abst.
CITIZEN COMMENTS
Donald Willis, 8804 Lexington, of D. W. Construction, stated that
he would have to renew his license before a building permit will
be issued, which would be after the next meeting. In which
case he would have to have his plans all redrawn. He would
like to obtain it before the next meeting and said that he has
had a contractor license here before. Administrator Achen
said that new state requirements for certain construction
materials and techniques are being used to improve energy
consumption in family homes and he is attempting to get a
building permit prior to that. He confirmed that Mr. Willis
was licensed in 1974.
Mayor Johnson asked for the Council's position in the matter.
Councilman Hodges: We have never had any problems with him. I
would just as soon add him to the list tonight.
Councilman Baumgartner: Agree.
Councilman Pickar: See no reason why not.
Councilman Shelquist: Since it does present a significant hard-
ship, I would go along.
Mayor Johnson: We will add your name to the list of licenses to
be approved tonight.
City Council minutes
-2- January 26, 1976
Edward Paster of Mounds View Shopping Center stated that he
thought the new City Hall looked terrific and said that he
realized the Council was interested in making sure we use the
name Mounds View as two separate words. This is difficult for
them as their graphics are already completed. They are attempting
to create an interesting and creative approach to their shopping.
center and would like to be able to use the letters in all lower
case without any separation. Mayor Johnson inquired if the reason
was because they didn't have enough room to make it two words?
Mr. Paster answered that it breaks up the continuity and they are
at the edge of their borders. The Council was polled:
Councilman Hodges: Would really like to see it two words but
would go along with it the way it is.
Councilman Baumgartner abstained because his wife was involved
in making it two words. However, he felt it should be two words also. Pickar: Although I feel it should be two words we
probably don't have much jurisdiction as far as names are
concerned. I would support it.
Howard Beaver stated that he had spoken to Barbara Haake and told
her that they had decided to go into color graphics, and at any
distance at all you can only see the color. People do not go down
the highway and read and that they have already gone to much
expense.
Councilman Shelquist said that we have been assured that it would
be two words and if we go to one we would be renaming it in
everyone's mind. I would prefer to see it as two words.
Mayor Johnson stated that it is resolved that Mounds View shall
be two words. If you are going to spend that much money you
might as well do it right. The concensus is 3 to 2 that the sign
should be two words. Suggestions were made as to what could be
done, i.e. "M" "V" be in the upper case; changing the color
of the letters "M "V "S etc.
Seegar Swanson of Ehlers Associates discussed the matter of
the Advance Refunding Bond Sale with the Council. The resolution
permits the Council to meet again on February 12 to consider
bids. They can then be accepted or rejected. Five days before
the bid opening they will recommend interest rates and pricing
information. This would require a special meeting.
Mayor Johnson stated that Attorney Meyers asked what happens to
the bonds currently outstanding and Mr. Swanson replied that the
people will be notified that they should turn them in. The
proceeds from the sale of the new bonds are used to purchase
government issues to pay back the bond holders until the call
date of the refunded issue. If there are any more bonds issued
during this quarter there maybe some effect, but beyond that no
problem.
Mayor Johnson explained that the purpose of refunding an issue is
to reissue new bonds now at a rate less than the original bond issue.
City Council minutes
-3- January 26, 1976
MSP (Hodges Pickar) to adopt Resolution #710 for an Advance
Refunding Bond Sale, bids to be opened 11:00 a.m. February 12,
1976 and to hold a special Council meeting to receive the bid
8 :00 p.m. February 12, 1976. 4 ayes
1 nay
Councilman Shelquist stated that he feels that when you consider
the distortion of the money market he is opposed to doing this
at this time. Not opposed to giving the taxpayer a break but
it may come at a later date with a normal refunding. Mayor
Johnson explained that this resolution does not bind us to reis-
suing new bonds, it merely sets the date.
MSP (Pickar Hodges) to authorize the administrator to sign the
agreement with Moody's Investors' Service for bonding rating
s 5 ayes
Mayor Johnson recessed the Council meeting at 8:40 p.m. and
called to order the public hearing on Community Development needs
and objectives.
Administrator Achen stated that Congress passed the Community
Development and Housing Act in 1974. The purpose was to stimu-
late and promote housing and economic conditions for low and
moderate income. The purpose of this hearing is to receive
citizen recommendations and suggestions regarding community
development projects and needs. A similar public hearing will
be held on February 2 at which time the Council will decide
whether to submit an application and what it will be for.
Initially, Congress expected more money to be available. The
criteria for selection is based on the substance of the project,
and the economic and social characteristics of the city as
determined by the 1970 census figures. Last year our grant appli-
cation received a high ranking because it addressed housing
conditions. Mayor Johnson asked if anybody in the audience
would like to make any comments.
Alan Zepper, 5255 Irondale, asked if Mounds View has any families
who have got bad living conditions that we might be able to
help. Mayor Johnson replied that with the $25,000 grant we did
receive we will begin to assemble information on our housing
stock, and there certainly are some. Mr. Zepper further stated
that he would like a park considered in his area south of
Highway 10 and east of Long Lake Road where it is badly needed.
Marilyn Fauchald, League of Women Voters, stated that the League
has two proposals: (1) Construction of a bike ramp and pedestrian
walkway across Highway 10. She suggested that since it is a State
highway perhaps we can get State funds as well. (2) To continue
upgrading of parks.
Bonnie Carlson, 2646 Clearview, asked what the improvements were
that were put forth previously. Mayor Johnson answered that they
talked about bike trails, help in constructing a storm sewer
system, help in putting in a well, further development and
upgrading of our parks, park shelters, cleaning out some ditches,
City Council minutes
-4- January 26, 1976
inspection of multiple dwellings to determine what kind of
conditions these are in.
Administrator Achen stated that Council established priorities
last year: (1) bike trails and sidewalks, (2) waste water
treatment facilities, (3) implementation of the housing maintenance
code. We received funding for the 3rd choice.
Bonnie Carlson stated that the most important thing is the walkway
across Highway 10.
Marilyn Fauchald inquired as to Mounds View's housing assistance
plan, which is a prerequisite to getting these funds. Administra-
tor Achen stated that the Plan calls for assistance in the form
of new home construction and rehabilitation of existing units.
Mayor Johnson stated that we had not contemplated any city monies
being used to upgrade private dwellings. Out intent is to use
some of the monies to find out which ones need the upgrading and
enforcing owners to do so.
Isabelle Wille, 7911 Spring Lake Road, stated that she thought
there was something done when we had the wind about enforcing
a tie down ordinance. Most of the trailers are still sitting on
top of the ground without tie downs. Councilman Hodges explained
that those mobile home units that are already in existence do not
have to have them.
Attorney Meyers said that the State Health Department said they
would enforce if it we would put it in our ordinances. Councilman
Baumgartner said the State is studying various methods of tie
downs. He suggested mobile home code be revised rather than
just throwing cables on the top of the trailers.
Isabelle Wille stated that the League took a survey and it came
out Mounds View wanted a bike trail.
Councilman Baumgartner mentioned that at th regular meeting of
the Parks Recreation Commission at 6:30 p.m. on February 26
the prime topic will be trails. The Commission is asking more
people to become involved. He was asked if a bridge was going
to be considered at all and he replied that it has been talked
about for years and is certainly a part of the trail system question.
Bonnie Carlson stated that the plan is beautiful but it doesn't
work without the union can go on talking about trails but have
to have a junction between the two halves of the City. I don't
want trails on both sides of the City without a pedestrian bridge.
You cannot take children biking on Highway 10 or even cross it.
Marilyn Fauchald asked if when you get the money you have to spend
the money the way the proposal was put in, and was told "yes
Mayor Johnson asked for any furhter comments or questions. If not,
thank you for your input. We will take it intc account when we
prepare the application.
MSP (Hodges Shelquist) to adjourn the hearing. 5 ayes
City Council minutes
-5- January 26, 1976
The regular Council meeting was reconvened at 9:15 p.m.
Administrator Achen presented the minor subdivision request of
Patrick Novak, 8368 Groveland. It was originally an uneven lot
split and the Planning Commission recommended that the Council
approve a lot split that was even. Otherwise no problems and
the staff has no further recommendations.
MSP (Shelquist- Hodges) that the Council approve the minor subdi-
vision request of Patrick Novak, 8368 Groveland, as recommended
by the Planning Commission to create two even lots subject to
a utility easement of 5 feet on each lot on the back lot lines,
if not already taken, and subject to park deduction. 5 ayes
MSP (Shelquist- Baumgartner) that the Council approve the
minor subdivision request of Delmar Ford, 8378 Groveland,
as recommended by the Planning Commission to create two even
lots subject to a utility easement of 5 feet on each lot on the
back lot lines, if not already taken, and subject to park
dedication. 5 ayes
MSP (Johnson Shelquist) that the Council approve the minor
subdivision of Janice Michael, 8330 Groveland, as recommended
by the Planning Commission and as drawn on Exhibit A. which was
received from Janice Michael. 5 ayes
Administrator Achen explained the request of Wayne Speczka,
7634 Groveland, minor subdivision, stating that it involved a
variance because there was a garage that prevented dividing
the original lot in half. The Planning Commission approved a
variance allowing 5 -foot setback on the rear lot line for the
garage.
MSP (Hodges Pickar) that the Council accept the recommendations
of the Planning Commission to approve the minor subdivision
request of Wayne Speczka, 7634 Groveland, allowing a 5 -foot
variance on the lot line. 5 ayes
Attorney Meyers introduced the proposed ordinances amending
intoxicating liquor, cabaret and restaurant license fees. He
stated that the Council, according to Minnesota Statutes, has
the right to do this. The annual license fees shall be fixed
in advance. A municipality may revoke a license for cause.
In this particular cLty licenses are issued as of July 1 every
year. The city can issue up to the number authorized by Statute.
The licensee has no vested right in the liquor license. The
city takes each one as it comes, reviews it and issues or denies
the license. It does not have to issue any liquor license and
is in full authority to establish the liquor license fee based
on the criteria that would be appropriate. The ordinary license
fees of any business should be related to administrati "re expenses
but the legislature has allowed municipalities to use other
criteria, i.e. amount of services that would be necessary, such
as police services. The city has wide discretion, but it should
be clarified clearly and the court would interpret it as reasonable.
City Council minutes
-6- January 26, 1976
Mayor Johnson stated that the Council took action to increase
the fee for the licenses. We do not have to take immediate
action on the on -sale liquor license and the businessmen asked
for time to research the matter, and so it was tabled. Does
anyone want to speak for liquor on -sale establishments?
John G. Bell, Attorney for Anchor Inn, Donatelle's, Launching
Pad and Mermaid liquor establishments,spoke to the Council. He
stated that the position of the on -sale liquor establishments is
that they are adequately licensed now and the fees should not
be higher. In the course of their investigation they cannot
find anything to justify an increase. He submitted a memorandum
(attached) that he had prepared. They did not feel that the
police services were of a very great amount. In checking
with the number of calls, they amount to only 4% of the total
calls made in a 7 -month period. The proposed ordinance would
involve some overlapping in regulations. His clients are willing
to pay their fair share. As a practical matter their industry is
a major industry in Mounds View. The planned license fees would
be the highest per capita in the area with the exception of
New Brighton and Arden Hills. The proposed fees would put the
liquor establishments at a disadvantage compared to surrounding
areas. The Council has an obligation to their citizens to see
that they are not put at a competitive disadvantage. His
clients would support any projects that would help the city with
its financial crunch and they want to work with the Council in
every way possible to maintain a good city, etc. However, some
other areas that the Council should consider is higher demands
for police service in the shopping center, for example. Also
an increase to the apartment areas. They do not feel that the
on -sale liquor should bear the brunt of the financial crunch.
He further stated that he would like his written argument
included in the minutes (attached). He asked if the Bel Rae
was the only place pertinent in the dance hall ordinance? The
Administrator replied that that was correct.
Mayor Johnson had comments: We have been informed that the
toughest police services are primarily calls that are made at
the liquor establishments in terms of actual physical damages to
policemen and people. Would you care to comment on this?
Mr. Bell: In checking on the numbers and frequency, low percentage.
Further, there is more chance of injury to a policeman at a
domestic. This is not a fair estimate as there are tough calls
anywhere.
Mayor Johnson: Do you deny that allegation then?
Mr. Bell: I stand on the comments I made. Conclusions sometimes
cannot be supported because the facts are not adequately presented.
Could be tough calls anywhere.
City Council minutes
-7- January 26, 1976
Councilman Shelquist said that Mr. Bell cited license fees for
surrounding communities. Roseville charges $10,000 for a liquor
license. Do you feel that Roseville is using licensing power to
raise what should be tax revenue?
Mr. Bell: I can't say that $10,000 is too high if the city costs
are that high to regulate the liquor industry in Roseville.
White Bear Lake has $1500 on -sale liquor fee. Vadnais Heights
the same, with $150 restaurant. Little Canada $1500 with $150
cabaret, Shoreview $2500 liquor, $200 Sunday liquor license.
Maplewood $2,000 with no cabaret, Arden Hills $2500 minimum,
$5500 maximum, based on size of the establishment. New Brighton
similar to Arden Hills. Fridley $4500 but not cabaret tax.
St. Paul $1750 with $150 cabaret. Have different situations with
different population size. Shoreview has no police department.
Since Mounds View will have to be competing the costs cannot be
so far out of line with the competitors.
Councilman Shelquist asked what criteria these municipalities
that have been named used in setting their license fees? Mr.
Bell said he did not know.
Councilman Shelquist stated that Mr. Bell's statements that we
are in error is directed only to Mounds View. Further, he said,
a fair percentage of the 240 employees are from Mounds View, what
percentage of them are city residents? The representative from
the Launching Pad stated about 80% are from Mounds View. The
Anchor Inn representative stated he would have to check his
payroll records. Donatelle's representative felt a considerable
percentage were. Mr. Hall from the Mermaid stated that many of
of our present employees purchase from here even if they don't
live here. They are potential people moving in also.
Councilman Baumgartner stated that the figures of liquor licenses
in other communities is really superfluous. They have a reason their
fee was reached and we have a reason for charging our fee.
To compare us has nothing to do with the decision I will make.
Mr. Bell replied that he just wanted to show the relative position
in comparison to the competition.
Mayor Johnson stated that the staff has estimated that without
the entertainment establishments in our city we would be able to
reduce the police department by at least 1 -1/2 to 2 -1/2 people.
The 1976 budget for the police department has increased $73,000.
Most of that can be passed onto the taxpayer but when you couple
the increase together with the extra demand on their services
that these establishments require, they have to have some special
treatment in sharing the costs.
Mr. Bell stated that he had made other suggestions as to where
the police are called. Our position is that we should pay a
license fee but it should not be increased. Especially in the
cabaret tax. I do not agree that you would operate with a smaller
police department. Eli ht now they are reduced to one patrolman
at some times. I don't see how you could cut down.
City Council minutes
-8- ianuary 26, 1976
Mayor Johnson asked: Are your clients unwilling to pay any
additional cost increases in terms of increasing the license fees?
Mr. Bell said they are willing to pay their fair share. It is
their feeling that they are paying an adequate share.
Mayor Johnson: Are they willing to pay an increased amount?
Mr. Bell: It depends on where the increase is. The position
they are taking is that they are paying adequately now. It is
fair to say that they feel they are paying their fair share.
Administrator Achen stated he presented some alternatives last
Tuesday and Mr. Bell replied that it still reads a substantial
increase.
Mayor Johnson: How much real estate property taxes do they pay?
Let me tell you what it is. $3050 which includes fire, police,
etc. The point is that you are paying for the services through
the license fee not through real estate taxes. The police
department have told us that many of the most difficult law
enforcement problems have arisen from the hospitality industry
in the city. Some way we have to recognize that facet. Maybe
we are overbuilt. People are coming in from other suburbs which
is not always desirable. Our police department has to deal
initially with these people. You have to begin putting this into
perspective.
Councilman Baumgartner: You keep referring to policemen.
Recently a number of assault cases have wound up in court and
we have to pay a retainer to our lawyer.
Mr. Bell: In a city of 16,000 there is going to be crime.
One of the functions of the Council is to provide police and
court facilities. Mayor Johnson asked the Council for other
comments.
Councilman Shelquist: We wouldn't need a third patrolman for
four hours around the closing hour of the liquor establishments.
We could probably go to just two full time men.
Mr. Bell: You wouldn't want to provide less even if Yor. didn't
have the liquor establishments. 16,000 people need the services
of 11 officers. Less than that would be unfair to the citizens.
Councilman Shelquist: I disagree that we would not reduce the
size of the police force if it wasn't for the liquor establishments.
Councilman Baumgartner: The shopping centers, etc. is another
area that will be considered, but one step at a time.
Mayor Johnson: The licenses are going to go up. We will listen.
But we have got to assess for the increased costs. How do you
do it? Some will go to property owners, some to your clients by
increased license fees. What is the best way to do it? Do you
feel that each one of your clients pay an equal license fee?
City Council minutes
Mr. Bell: Establishments not all the same. Peak hours at different
times. There should be a difference. Perhaps this could be
deferred. If you are considering a cabaret increase, the number
of people should have -a bearing. Square footage, seating capacity,
etc. would be a guide. Administrator Achen explained the
difference between the two proposals: the original was to
increase the on-sale from $3800 to $4500 flat fee, restaurant to
$100, cabaret square footage $1000 to $3500 approximately.
Takes into consideration $100 restaurant fee which is not very
high compared to the level of services. Increases this to $400
tonight and it eliminates cabaret and incorporates it in with
the on -sale liquor, dance hall not in proposal. Proposal tonight
eliminates the original proposal.
Mayor Johnson stated: 4600 square feet would pay $4700; 6200
square feet would pay $6350; 7200 square feet would pay $7100,
includes restaurant and intoxicating liquor and cabaret. Off
sale would be additional, etc.
Mr. Bell: If you have a bowling alley how much of that would
be access?
Administrator Achen: This was considered. Lanes would not be.
There is a maximum of $10,000.
Mr. Bell: I will mention again that if possible we would like
this decision deferred.
Attorney Meyers: I do not find any authority for establishment of
license fees for shopping centers or apartment buildings.
The Council was polled:
-9- January 26, 1976
Councilman Hodges: Take time to review these ordinances again
to make sure this is what we want. If we don't have income how
can we operate? We have a responsibility to our citizens with
the type of establishments we have here. Cannot back down.
Still like to look it over.
Councilman Baumgartner: Have to digest ir. Bell's memo and the
comments. Make a decision later.
Councilman Pickar: Request for deferment is not unreasonable.
See that there is going to be an increase but exact amount isn't
set yet.
Councilman Shelquist: Reasonable both for us to give some
additional consideration and allow them to digest new proposals.
Will have to make a decision but not right now. Have the admini-
strator take into consideration scaling restaurant licenses based
on hours of operation, etc. Maximum annual fee for the liquor
and cabaret fee is $10,000. Don't agree with this. I feel that
way because at this point the businessmen probably feel they
are here and are at our mercy. Based on the expectation that
City Council minutes
January 26, 1976
there is going to be two bowling alleys going in and have to
probably hire another policeman, so not willing to make $10,001)
be maximum fee. My reason for making this last statement is
that I feel you should be forewarned of my thinking as you make
your plans.
Mayor Johnson: We can lay this over as far as I am concerned.
Thank you for coming. We do have to take some action though.
In order to give you plenty of time, let us set the agenda
for February 9 as a continuation of the subject matter. I also
want to thank the businessmen for allowing Administrator Achen
to sit down with you. He is acting in our behalf, is merely
doing what we ask him to do.
Mayor Johnson read a note from the girls of TOPS thanking
Mounds View and presented Mounds View with a box of doughnuts.
Mayor Johnson asked Administrator Achen to get together with
the businessmen and make sure you are consistent on numbers.
Further, would you prepare for us a memorandum expressing and
articulating your statements. Calls to entertainment establish-
ments are serious type calls. I would like a run down as to how
serious the calls are.
Administrator Achen stated that he had received from the State
Department of Public Safety a letter indicating that the business
of Bill Gillespie has not been licensed by the State.
Mr. Gillespie stated that the corner was licensed until two years
ago. He pled ignorance of the law as he didn't realize you had
to have a license for each county. He has one in Bethel. He
further stated that he has cleaned up his lot, moved the bus and
wants to apply for the license with the intent of keeping it a
"lot nicer
Mayor Johnson stated that they would approach the problem of a
used car lot on that corner as the Council did for the one on
Spring Lake Road, which had a special use permit enumerating the
things that had to be done. After that was signed a special
use permit was granted. If you want to apply for a permit you
should make application to the city and negotiate with the
administrator as to the requirements of having a used car lot
on that corner. Some of the requirements would be that a
permanent building be put on the lot, adequate lighting, draining
and buffering. Also some kind of screening to keep all of the
junk out of the sight of the neighbors. That is the way you
would proceed.
Mr. Gillespie: I am willing to cooperate but woiild like 60
days extension on my license.
Mayor Johnson: Meet with Administrator Achen and at least begin
putting down on paper so we understand what you are talking
about and it can be brought up at the next agenda meeting.
City Council minutes
-11- January 26, 1976
Councilman Hodges: Would go along with a temporary license if
he comes in and is really sincere. I think he realizes he has
got to do something.
Councilman Baumgartner stated that until the State gives you a
license we can't give you one. He replied that the State will
give him one. Councilman Baumgartner said that he has heard
about your building, etc. for 3 or 4 years and it has never
happened. After we cracked down you finally moved the cars.
As far as I am concerned 30 days is it. Bob Schmidt, Control
Data employee, stated that he has cars on Mr. Gillespie's
lot on consignment and if the lot was closed this would be most
difficult for him.
Councilman Pickar: Can probably see the issuing of a temporary
license. Something definite would have to be worked out with
the administrator before he comes in.
Councilman Shelquist: Is it your intent to start repairing
cars or what?
Mr. Gillespie: Get one stall and an office over here. Realize
I have to have something here.
Councilman Shelquist: You wouldn't move your cars off the lot
because of weather. How is summer different if you have no place
to go then?
Mr. Gillespie: In the winter you have income tax money coming
back and they may buy.
Councilman Shelquist: At the last meeting we were told that the
bus couldn't be moved. Now they are moved. Why will it take a
year to build the building?
Mr. Gillespie: Have to wait for the summer. Go through the
planning stages and get the permit, etc.
Councilman Shelquist: I am in favor of granting renewal on the
basis of 90 days and an additional renewal after that based on
negotiations with the administrator, presentation of plans, and
by June or July a structure completed. You cannot rely simply
on his statements.
Mayor Johnson asked how many cars he has sitting in his yard, he
replied probably 5 -7 and the Mayor stated that he had counted
nine. Mr. Gillespie explained these belonged to his children.
Mayor Johnson stated that he would go along with perhaps a recon-
sideration of an extension from the police department issuing
tags until February 23. As far as being able to do business on
the lot I would say no. I want to see a negotiated contract
before you do sell cars. When we get this accepted then I
would be willing to consider a new license. I make a motion
that we reconsider the length of time in which the police
department is not to issue tags to any cars that remain on the
City Council minutes
-12- January 26, 1976
lot after February 12, but that the date be extended to February
23, but that no business be done off the lot during this period
of time. This motion was seconded by Councilman Shelquist.
Administrator Achen suggested this matter be considered by the
Planning Commission which meets February 25.
Mr. Gillespie stated that the Council gave him 90 days, and he
will go to the Planning Commission. Council may cancel his
license then if he doesn't get the building built.
Councilman Shelquist stated that he was not out of business
since he could still sell his cars from his lot in Bethel which
is the only place he is .licensed by the State to sell from.
A vote was called for and the motion carried 5 ayes
MSP (Johnson- Shelquist) that the Council instruct the police
department not to issue any tags until February 23 to give Mr.
Gillespie time to get the cars removed from the sales lot and in
the meantime to negotiate with the city administrator to secure
a developmental contract for the operation of a used car lot on
the corner of Silver Lake Road and Highway 10.
MSP (Pickax- Johnson) to amend the motion to extend the period
of time to March 8 in order to provide time for this matter to
be considered by the Planning Commission at its February 25
meeting. 5 ayes
MSP (Johnson- Hodges) to stipulate that Mr. Gillespie be give;i
until March 8 to remove the cars as opposed to prohibiting
police department from issuing tags for unlicensed cars, etc.
on the sales lot. 5 ayes
Mayor Johnson asked for the vote on the main motion as amended.
It carried. 5 ayes
Administrator Achen stated that the deadline for the Planning
Commission agenda is Fe!u ry 18 so Mr. Gillespie should meet
within the week and begin discussing what should be included.
Dale Magnuson, who is the development consultant for the Launching
Pad Supper Club owners, requested a rezoning from R -3 to B -3 to
accommodate the parking that is required for their proposed
bowling alley addition.
MSP (Johnson- Hodges) to schedule a public hearing for 8:30 p.m.
February 23 for the purposes of considering a rezoning on the
premises.
Mr. Magnuson said that they would have a pre public hearing
with the neighbors. A problem that they do have is that the
Planning Commission wants them to delete one of the driveway
exits on County Rd. H -2 and the fire marshall will not allow
this. The have talked to Rice Creek Watershed regarding a drainage
plan, and they want them to use crushed rock for about 6 months
until the city's storm drainage plans are completed.
City Council minutes
-13- January 26, 1976
Mayor Johnson continued with his motion: that the developers
allow the city to place a sign on the premises denoting the property
is the subject of a rezoning request and furthermore, that an
adequate planning deposit be posted by the developers with the
city to cover the expected costs to be incurred in the process
of this development.
Councilman Shelquist stated that the Planning Commission was
only recommending to the Council that they set a hearing for
rezoning. When additional plans are available, this matter
should be referred back to the Planning Commission.
Mayor Johnson told them that a subdivision of the land will be
necessary before rezoning and that the present owner of the land
must request rezoning. He noted that a park dedication may be
necessary and the developers should be aware of this.
Administrator Achen told them that if they would give him a
date and a time for their neighborhood hearing he will include
that when the city sends the legal notices.
Councilman Baumgartner wanted it checked and clarified as to
whether they would need a subdivision before this is done.
A vote on the motion was called for and it carried. 5 ayes
Mayor Johnson stated that rezoning of the property should not be
considered by the applicants as approval for the development.
MSP (Hodges Baumgartner) Resolution #708 to reapportion the
assessments of Gene and Kathleen Schouweiler subdivision.
MSP (Shelquist- Baumgartner) Resolution #709 to reapportion
the assessments of E. J. Marlene Danielson subdivision.
MSP (Hodges Shelquist) to approve Resolution #711, "Approving
Continued Joint Representation in regard to International
Union of Operating Engineers, Local No. 45
MSP (Shelquist- Hodges) to approve Resolution #712 requesting
Ramsey. County Board of Commissioners to authorize participa-
tion of Mounds View City employees in the Ramsey County
Health Welfare Plan.
5 ayes
5 ayes
5 ayes
5 ayes
Administrator Achen presented a proposed revision of Chapter 93,
Public Health Housing Code. Council took this under advisement
and asked that it be brought up at the next agenda session.
MSP (Hodges Shelquist) to approve the licenses as presented,
including D.W. Construction, waiving the license fee for Red
Oak P.T.O. fund raiser and the Cub Scout Pack 167. 5 ayes
City Council minutes
ADMINISTRATOR ACHEN'S REPORT
-14- January 26, 1976
Administrator Acher presented the bills for approval. In the
December 1975 payables there is a total disbursement of $11,768.61
(checks #11776 11792). The January 30, 1976 payables are
general account checks #11775, 11793 11880, payroll account
#1233 1235, payroll checks #3260 3303, transfer check #11879
transferring $16,780.38 from General Fund; $1,242.81 from
Water Fund; $1,962.56 from Sewer Fund to pay gross pay of
January 30, 1976. Total January 1976 disbursements $48,256.75.
MSP (Pickar- Hodges) that the bills be approved as presented.
County reviewed City's second request for Long Lake /Hillview
stop sign again and rejected it, stating that the type of accidents
there do not relate to conditions that might be improved by a
4 -way stop.
Two applications were received for vacancies on Lakeside Park
Commission and Planning Commission: Duane BeL er for Lakeside
Park Commission and Richard Schonhardt for the Planning Commission.
Chief of Police has submitted a request to advance nine days
of sick leave to Carol Waide.
MSP (Johnson- Hodges) to grant Carold Waide sick leave advance
of nine days as provided in Mounds View Municipal Code 6.26. 5 ayes
A petition has been received from Pleasant View Drive residents
in opposition to proposed street /drainage improvement. The
Mayor directed the staff to notify Fridley that Mounds View is
not presently interested in the project and that storm drainage
study is underway to evaluate needs.
MSP (Johnson Pickar) to authorize staff to deposit idle funds
in savings account with Firsi: State Bank of New Brighton
whenever such will produce a greater yield on idle cash and that
any such monies so deposited be protected by adequate pledge of
government securities by the Bank. 5 ayes
MSP (Hodges Baumgartner) to approve the increase of two voting
members on the Safety Committee. 5 ayes
MSP (Johnson- Hodges) to approve the appointment of Rita Bialke
and Swen Thelin as janitors to be paid at $3.50 per hour each. 5 ayes
MSP (Johnson Shelquist) that we designate the First State Bank
of New Brighton as the official depository for the HUD grant
and that we authorize signatures of Administrator Achen, the
accountant Thomas Tveit, the Mayor and the Acting Mayor and
that all checks be signed by at least one councilman.
5 ayes
City Council minutes
Administrator Achen stated that no bids were received for the
sale of the police vehicle, so the vehicle has been shown at a
wholesale auto auction. A private party may be willing to pay
the price we are asking. Attorney Meyers stated that when such
is done Council should ratify the sale.
Administrator Achen info_med Council that home builders were having
installing sewer connections on new Sunnyside, because
the stubs are about 8 feet below the water table.
MAYOR JOHNSON had no report.
COUNCILMAN HODGES
Bicentennial Committee got the Lion's Club to rind them an
electric stove. They should be talked to. Administrator Achen
will check into this.
COUNCILMAN SHELQUIST
-15- January 26, 1976
He talked to Paul Fedor and Nancy Burmeister and they would like
to be reappointed to the Planning Commission.
MSP Shelquist- Hodges) that Paul Fedor and Nancy Burmeister be
reappointed to the Planning Commission for another 3 -year term. 5 ayes
Mayor Johnson stated there is one application for the vacancy
on the Planning Commission, and Allen Zepper has applied
previously. He directed staff to arrange an interview for 8:30 p.m.
on February 2 at the agenda meeting for Richard Schonhardt.
Councilman Baumgartner noted that walk lights are being installed
with the County Roads H -2 I semaphores and that this might help
pedestrians cross Highway 10 more easily. Councilman Shelquist
asked Engineer Bearden to check whether these will have pedestrian
activators on the medians as wP11 as at the roadside.
COUNCILMAN BAUMGARTNER
Acknowledged receipt of $100 from Mrs. Diane Cline, President
of the Mounds View Mrs. Jaycee Club, to be used for a bar -b -q
pit in the City Hall complex. A letter of appreciation is being
sent.
On February 12, 1976 at the City Hall, there will b<: a meeting
at 7:00 p.m. on Woodcrest Park development and at 8:30 p.m. on
Greenfield development. February 26 is the regular Parks Recre-
ation Commission meeting and trails will be the prime topic.
He also asked for volunteer bricklayers for the bar -b -q pit.
Administrator Achen was asked to check into the $200 collected in
memory of Mrs. Donovan Wendt some time in the past which also was
t he used for a park fireplace.
City Council minutes
-16- January 26, 1976
Councilman Baumgartner recommended that someone should look at
the ownership and platting of the bowling alley. Possible a
subdivision will have to go through.
COUNCILMAN PICKAR suggested holding off any appointments at
Lakeside Park as it appears we will have enough. Skate races
at 2:00 p.m. on February 1. He inquired if anyone was following
through on awards for the banquet.
MSP (Hodges Pickar) to adjourn at 1:20 a. m.
Respectfully submitted,
'I)'`ra)cki
Mark Achen
Clerk- Administrator
Memorandum and Argument to City Council
City of Mounds View
Ramsey Count, Minnesota
January 26, 1976
From;
John G. Bell
Attorney at Law
In behalf of the Anchor luau, Donatelle's, Launching Pad,
and Mermaid, Liquor Establishments in the City of
Mounds View.
Re: On sale liquor and caberet licenses.
Gentlemen:
There is no questions but the licensing of certain businesses in a municipality is an
exercise of the police power which has been delegated to municipalities by the legislature.
The poverto license, however, is not a power to tax. The service for which a City
may be reimbursed by a license fee must be reasonably related to the police power function
of inspection, supervision, and regulation. While there is no question that the municipali
has within its authority to set a fee for a license, a reasonable license fee should be
charged and should be such as to cover the expense of issuing the license and the services
and other expenses directly or indirectly arising out of the issuance of the license. Th
amount of the license fees should be limited to the cost of issuing the license and the
probable expense of police supervision of those engaged in the business to be licensed. A
charge or fee to defray the cost of a police power regulation need not be so restricted
in amount so as to eliminate a reasonable revenue, incidental to the issuance of the license
However, the revenue aspect of a license fee should be incidental and the issuance of
a license should not be for the purpose of raising revenue, for then it becomes a tax.
While there is a presumption that in exacting a license fee, a lawfull purpose was intended
by the municipality, a license fee may so far exceed the reasonable expenses incurred for
police power purposes as to be a revenue measure in disguise, and therefore invalid.
There has been no showing that on sale liquor establishments or caberet establishments
in the City of Mounds View have by their operations increased the costs for the City of
Mounds View in regulating their establishments in any way other than general increase in
costs for all government services. One might expect that on sale liquor or caberet
establishments would require a more extensive use of the police department than some
other regulated businesses, but the fact is that the records of the Mounds View Police
Department reveal that the Mounds View Square Shopping Center has had a greater need
for police department services than the liquor or caberet establishments. Information obtained
by my clients would indicate that out of a total of 2,836 police runs in 1975 only 120 were
to the liquor and caberet establishn_..:n +.Q amounting to 4% of the total. The minutes of
the December 8, 1975 Mounds View City Council Meeting, in the course of discussing the
City's current financial crunch, would blame inflation, state surplus funds as not being
shared with municipalities, and a 18% increase in police salaries. Such a find does not singl
out as the culprit in increase City costs the liquor business, the caberet business, or for
that matter the restaurants.
Liquor and caberet and resturant establishments as well as other businesses are entitled to
municipal services since they pay a real estate tax. In the absence of showing a need for
a regulation of an industry to protect the public health, safety, and welfare and morals, no
license fee at all is justified. While licensing is a function of the City and the exercise
of the police power, license fees should be commensurate with the cost involved in the
licensing, and fees substantially in excess are actually a tax. It would thus appear that the
City is attempting to use licensing as a device to raise revenue which is properly to be raised
by ;axes, The Council has a duty to exercise limitations on its licensing power lest the
;Am er be used as a power that could destroy a business. Taxes are spread out, licenses single
.)U 1)11LiCUlar group.
There is no question that the liquor establishments are such as to require regulation
and certainly a reasonable license fee is justified, and my clients certainly do not object
to paying a license fee, or for that matter, doing whatever else is necessary as responsil
business establishments within the City, and to that end, engage in self regulating
at their own expense.
Cons idering the population of the City of Mounds View, that is approximately 16,000 people,
and a police department having 11 men including the chief, it would certainly appear that
no extra policemen are on the police department because of the presence of a hospitali ty
industry in the City, thus the police department is probably at a minimum; man power level
to provide adaquate services to the people of Mounds View, even if there were no liquor
or caberet establishments at all.
In sum and substance, there has been no showing that regulating the liquor and caihcrel
business in Mounds View, justifies an increase in cost in license fees as proposed. It
is obvious that there is a need of the City for raising revenues, that can't be obtained by
property taxation. It would thus appear that the substantial increase in the license
fees is due to the financial pinch of the City looking for additional revenue from a source
where existing license fees are adaquate to cover the cost of regulation. Increased police
salaries in and of itself does not justify raising present liquor and caberet licensing fees.
The answer probably lies in new licenses where there are needs for regulation greater
than homes or other general businesses. An example of such businesses that could very
well need additional regulation or call upon the City for additional services over and above'.
the norm, is such businesses as shopping centers or apartments.
If there are some areas where the fees under consideration are low, commensurate with
the cost of regulating, this would probably be on restaurants and possibley on the caberet
fees, but then, if there is to be an increase fee on restaurants or caberets then this should
not be a duplicated license fee, in other words, such as an on sale liquor establishment
and restaurant together, or a liquor establishment and a caberet, or an establishment
having all three. If restaurant and caberet fees are found to be low, then some means
of`air apportionment should be used such as size or seating capacity or hours of operation.
It should also be pointed out that the on sale liquor establishments pay substantial real
estate taxes, and contribute a substantial payroll within the City of Mounds View for some
240 employees.
The council should also bear in mind that the on sale liquor establishments do have com-
petitors in neighboring cities, so that a licensing fee should not be such as to put Mounds
View Business establishments in an unfavorable competitive position as to its competitors
in neighboring cities. The purposed increase would have the liquor and caberet license fees
for Mounds View the highest per capit6lJ.i3ence fees in this area. On sale liquor establish
ments are entitled as tax paying citizens within the City to have the council consider the
economic effect of the licensing fee on its business citizens while the City also considers
a means for acquiring the necessary increase in revenues to provide the services which
the citizens expect the City to provide.
Thank you for your consideration.
JGB: mmp