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HomeMy WebLinkAboutMinutes - 1976/02/09A regular meeting of the Mounds View City Council to order by Mayor Johnson on February 9, 1976, at at Mounds View City Hall, 2401 Highway 10, Mounds Present: There were no Citizens' Comments. PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Mayor Johnson Also Councilman Hodges Councilman Baumgartner Councilman Pickar Councilman Shelquist MSP (Baumgartner Shelquist) to.approve the 1976. MSP (Shelquist- Baumgartner) to approve the meeting of the Mounds View City Council on Councilman Pickar stated that he abstained he was not present at the meeting. present: was called 8:04 pm, View, MN. 55112 Clerk- Adm.Achen Attorney Meyers Engineer Bearden minutes of the special February 2, 1976. from voting as minutes of January 26, 5 ayes Regarding the next item on the agenda, proposed ordinances revising license fees for intoxicating liquor, cabaret and restaurant establishments, Mayor Johnson stated that he had received a memorandum prepared by the administrator relating the facts and figures for the above. He asked for questions of the administrator on his report. John G. Bell, Attorney for Anchor Inn, Donatelle's, Launching Pad and Mermaid Liquor Establishments, stated that if the restaurant license is to cover the cost of services he felt tae liquor license fee would be quite adequate. Mayor Johnson explained that there are more costs to the restaurants fhm, are serving liquor as against serving food only. Mr. Bell replied that he did not think that one was compounding the cost of the other. Mayor Johnson asked Mr. Bell if he was suggesting that there is no added cost to the city in terms of a restaurant that has liquor as well as food as opposed to an establishment just serving food? Mr. Bell replied that he had seen no showing that there is any difference. Administrator Achen stated that the basic complaints in restaurants only serving food concern storage of meats, sewer backups, etc. This is defined as a public health license. The liquor licence deals with law enforcement from a criminal point of view rather than a public health law. Councilman Pickar asked Mr. Bell if he had done any further research on other municipalities and Mr. Bell said that he presumed the figures were the same. 4 ayes 1 abst. -2- Mr. Bell further stated that he still stands by the position that the license fees we have now are adequate. Mayor Johnson inquired as to the approximate costs for police protection, administration and court services. Administrator Achen stated that in 1975 it was $20,493 for police and court services, based on 3 months statistics and multiplying by 4. The estimate for 1976 is $22,000, 7% of the police budget and 22% of the prosecuting budget. Ad. Achen read proposed ordinance #242 for restaurants, amending the municipal code. Attorney Meyers suggested amending the title and including the words "It may be revoked by the Council after a public hearing, after due notice." Further, include the words in Sec. 111.04 "1973 edition or the most recent edition. MSP (Shelquist Pickar) to adopt Ordinance #242 for liquor licenses for restaurants. 5 ayes Attorney Meyers read proposed ordinance #243, amending Chp. 100, "Intoxicating Liquors." Mr. Bell stated that the dance hall ordinance has a limit of $200, and he couldn't understand why the dance hall with liquor would be so much higher. Mayor Johnson replied that the dance halls are required to have police help by state law and there is no such requirement for the on sale liquor establishments. Councilman Shelquist suggested in Sec. 2, Subd. 1, inserting "That the application will also show whether the applicant has been or is operating a similar business at some other location, and if so, where it was, when and for what length of time, and such other information." Mr. Bell asked what was meant by 'public areas' in subd. 4? Does it means just the area where they eat or anywhere? Attorney Meyers suggested adding to the ordinance the words "sale, service, or consumption of the food and liquor." MSP (Shelquist- Hodges) to adopt Ordinance #243, amending Chp. 100, "Intoxicating Liquors." 4 ayes 1 nay Councilman Pickar, who voted nay, stated that he has a difficult time justifying the percentage of increase. Perhaps we should have taken a closer look at some of Mr. Bell's comments. I cannot go along with it, and suggest a base fee reduced by approximately 25%. Councilman Shelquist stated that last week he had stated that he was not in favor of a ceiling of $10,000. After thinking about it it is good for the business to know where the top can reach and he will go along with it, recognizing that the ordinance can be changed. As far as the ordinance is concerned, the starting point is what is everyone else doing? Our administrator has researched the costs very thoroughly and the law is a good one. Mayor Johnson stated that he is in favor of the new ordinance and commends Ad. Achen for the work he has been doing with it. -3- Administrator Achen stated that Chp. 108 deals directly with public dance halls as cabarets are now under Chp. 100. MSP (Hodges Pickar) to adopt Ordinance #244 amending the Municipal Code of Mounds View to insert "cabarets" under Chp. 100. 5 ayes Ad. Achen explained the resolution endorsing the proposed Northwest Suburban Youth Service Bureau. MSP (Johnson Baumgartner) to adopt Resolution 713 endorsing the proposed Northwest Suburban Youth Service Bureau. 5 ayes Councilman Shelquist explained the Planning Commission recommendation on the special use permit request to erect an indoor tennis court facility. It is to be located behind the PAC Company. Previously the Planning Commission had turned the request down due to this requirement for a 40 foot setback on both sides. They then reoriented their interior, made modifications, etc. and now the Planning Commission recommends a special use permit with a variance on the sideyard setback to within the requirements of the new ordinance. They felt that this was justified as the new ordinance is about to be adopted. Councilman Baumgartner: I don't like the location of the trailer but if on the east side it would be noisy. I also feel there is no resale value on trailers and you may have trouble selling it when the program is over. Your program is good and we will have to live with it. I will go with it. MSP (Johnson Shelquist) for a public hearing to be held on March 8 at 8:30 pm to hear the special use permit request to erect an indoor tennis court facility. 5 ayes George Richardson, Principal of Red Oak School, appeared before the Council to request a mobile home special permit. They have received a grant designed to help parents with parenting skills through meetings and they lack space. They had planned to lease a trailer but the School Board attorney considered this uneconomical: so now they plan to purchase it. What he is asking for is the approval to place a trailer on the Red Oak School site to be used for meetings described on the 1st page of the document he passed out to the Council members. The program is funded through this fiscal year and tentatively through 1976 and 1977. Councilman Pickar asked him if he had made any attempt to recontact the neighbors and ne replied, "No, not this time." Councilman Baumgartner inquired as to costs and Mr. Richardson stated that a portable classroom was over $14,000, and the trailer is somewhat under $5,000. Councilman Shelquist asked him why they were placing it on the Red Oak side. Mr. Richardson replied because it would be away from the playground and adjacent to the kindergarten room. They also have a problem of landslope. He has talked personally with 8 churches in the area and they are thoroughly booked. Mayor Johnson polled the Council: -4- Councilman Pickar: I can see no big reasons why not. Probably would have preferred a consensus of the neighborhood but I realize you are pressed for time and recall from before there was no objection. I am for the plan and this would have delayed it so I am in favor of the mobile home. Councilman Shelquist: We are in essence telling the Planning Commission what to do. I would rather have their input since they will be granting the variance. The Planning Commission normally recommends to us. Once someone else sees this they may want the same thing. Mr. Richardson stated that the placement of a mobile home on school grounds is approved according to the State Bldg. Code Department. Attorney Meyers stated that in Chp. 43 it states temporary special permits may be issued by the Council when said home is outside of the mobile home park. However, it can be issued for only 90 days and must be renewed each time. Councilman Hodges: I dread seeing a mobile home on it. But as it is temporary and if the Planning Commission goes along with it I will go along with it. Mayor Johnson asked how many schools in our district have temporary facilities like this? Mr. Richardson replied that no other has a mobile home, but Edgewood Jr. High School has a temporary structure. Mayor Johnson: Regardless of what the Planning Commission would say, my feeling would be against it. I think the Council has to be consistent. I understand your position, and it is unfortunate, but I don't want to have Mounds View used as a test spot for a mobile home. He further suggested to Mr. Richardson that he consider using the facilities here at the city hall in Mounds View. ENGINEER BEARDEN'S REPORT: On November 8, 1975, regarding Improvement Project 1973 -75, you approved the amendment to #4 for an extension of time and I need your signatures now. That is all I have at th e present. Mr. Bearden then left., after obtaining the necessary signa- tures. Ad. Achen discussed the proposed Community Development Block Grant application, explaining that the handout is the substance of the narra- tive for the City's Community Development Block Grant application. It would be appropriate for the Council, if they so desire, to formally accept this narrative. Under II, #2, there is a typographical error, the number "11,000" should read "$41,000 MSP (Johnson- Hodges) to accept the program narrative for the Community Development Block Grant application. 5 ayes MSP (Johnson- Hodges) to approve the transfer of $9022 from water fund and $9021 from sewer fund to 1969 water revenue bond redemption fund. 5 ayes MSP (Pickar- Hodges) to approve the applications for licenses as presented. 5 ayes They are: Builders Remodeler's Inc. 2630 Hennepin Ave. So. Minneapolis, MN. 55408 D.W. Construction, Inc. 8804 Lexington Ave, New Brighton, MN. 55112 -5- Ronald Evenson Construction 11019 6th St. N.E. Minneapolis, MN 55434 Administrator Achen presented the bills for approval with one stipulation, which is if Local 49 goes on strike, new payroll checks shall be issued taking into account the days not worked. In the February 1976 payables are General Account Checks #11881 11972, Payroll Account Checks #1236 -1240, Payroll Checks #3309 -3354 (void #3350), Transfer Check #11970 transferring $15,419.24 from General Fund, $1,015.58 from Water, $1,620.26 from Sewer to pay gross pay of February 15, 1976. Total February disbursements $47,173.94. MSP (Johnson- Hodges) to approve the bills as listed with the stipulation as requested by Administrator Achen. 5 ayes Adm.Achen stated that the office has received a letter from Mr. Bruflodt requesting that the city pay the attorney's fees of $150 and recording costs regarding the improper recording of his subdivision which was originally approved in February, 1975. He noted the error was partly the city's fault and recommended that it should be paid. Councilman Shelquist stated that the attorney should have known what he was preparing when he made the original deeds and he was not sure we should stand the entire fee. MSP (Johnson Pickar) that we direct the administrator to prepare a check and accept the responsibility for the attorney's costs up to a maximum of $150 for the Bruflodt subdivision, and that the city also pay the filing fee. Administrator Achen further stated that on February 18 at 7:30 p.m. the Ramsey County League of Municipalities is having its meetin4 in the city hall in Mounds View and they would like Mayor Johnson to make the opening remarks. He presented the Civil Defense budget for signature by the Mayor for the fiscal year 1977. 5 ayes MSP (Baumgartner- Hodges) to authorize the Mayor to sign the 1977 Civil Defense budget per request. 5 ayes Mayor Johnson thanked the Council wives for putting on the Appreciation Banquet last Saturday evening_ He stated that Council should consider a new ordinance that would require all commercial development in the city be developed on the basis of a development contract covering the requirements that the city may put on that particular developer. -6- MSP (Johnson Shelquist) to direct Attorney Meyers to explore and develop a development contract procedure covering development and construction in our city. MSP (Johnson Baumgartner) that no further building permits be issued for developments that Council has authorized as of January 31, 1976, that such developments be reviewed to assure protection of city interests and welfare, and that each development be required to comply with the conditions to be set forth in the development contracts procedures that Council has directed the attorney to prepare. COUNCILMAN HODGES' reported that he had received a telephone call stating that National Clean Up Day is scheduled for April 30. He recommended the city hold its clean up the same day. Further, as soon as the weather permits the fireplace will be built and they would like to work around that date. COUNCILMAN BAUMGARTNER had no report. COUNCILMAN PICKAR'S REPORT: Regarding the Lakeside Park Club skating races on Sunday, February 1 participation was 28 people and they awarded 22 trophies. They have accepted the resignation of Judy Rowley from the Lakeside Park Association. Two new members will be there on Thursday evening. COUNCILMAN SHELQUIST'S REPORT: He inquired about the interview for the Planning Commission vacancy. Mayor Johnson scheduled it for 8:15 p.m. on Thursday evening, February 12. Councilman Shelquist asked Administrator Achen if he had looked intc the dog situation yet and he replied "No ATTORNEY MEYERS' REPORT: April 5 is the trial date set on the Laxman Sundae case. He has talked to NSP about getting a gas line north of Ardan Avenue and they are not going to do it willingly. They will require deposit payments. The Public Service Commission does not allow them to vary. Further, he stated that he had received a deed regarding the Dumas property (appealing our Project 1973 -4 assessment). The city may have another lot to sell, otherwise the court appeal will be tried March 18. MSP (Shelquist- Baumgartner) to adjourn at 11:12 p.m. Respectfully submitted, Mark Achen Clerk- Administrator 5 ayes 5 ayes