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HomeMy WebLinkAboutMinutes - 1984/04/097. Approval of Consent Agenda CITY COUNCIL MEETING CITY OF MOUNDS VIEW April 9, 1984 7:30 p.m. AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Doty, Linke, Hankner, Blanchard, and McCarty 4. Approval of Minutes: March 26, 1984 (Regular Meeting) 5. Public Hearing 8:00 p.m. Povlitzki's Off 10 Operations 6. Residents Requests and Comments from the Floor CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES ITEM A. Approve Resolution No. 1727 Approving Policy State- ment on the Issue of Comparable Worth ITEM B. Set Public Hearings for Comprehensive Rezonings per the Following Schedule: May 14, 1984 Church Triangle 7:45 pm 2740 Highway 10 8:00 pm 2 Lots North of 8:15 pm 7190 Silver Lake Road South Corner of Old 8:30 pm Highway 8 County Road H May 28, 1984 Harstad Property, Silver Lake Road Mid American Auto K Gas Station Steve's Appliances June 11, 1984 Import Auto 7860 Groveland Road Simon's Liquor PAC Company 2806/08 Highway 10 7 :45 pm 8:00 pm 8:15 pm 8:30 pm 7:45 pm 8:00 pm 8:15 pm 8:30 pm 8:45 pm June 25, 1984 7801 Silver Lake Road 7:45 pm 7373 Knollwood Drive 8:00 pm 2752 County Road H -2 8:15 pm AGENDA April 9, 1984 Page Two 7. Approval of Consent Agenda (cont.) ITEM C. Authorize TKDA to Prepare Plans and Specifications for Well No. 1 Control Center and Pump Starter Replacement and Water System Control Supervisory and Control Panel Modifications and Administer Contracts at a Cost Not to Exceed $10,000 ITEM D. Set Special Council Meeting for 6:00 pm on Wednes- day, April 11, 1984, to Discuss Findings on Anoka County Blaine Airport with Representatives of Coffman Associates ITEM E. Approve Resolution No. 1729 Proclaiming April 21 and April 28, 1984 as "Arbor Days" and the Month of May as Arbor Month ITEM F. Authorize Staff to Proceed with the 1984 MSA Project as Outlined in a Memorandum from Public Works/ Community Development Director dated March 27, 1984 ITEM G. Licenses for Approval ITEM H. Approve Resolution No. 1730 Approving Just and Correct Claims Against City Funds 3. Second Reading and Adoption of Ordinance No. 357 Adopting the 1983 Long -Term Financial Plan 9. Consideration of Petition for Pleasant View Drive Street- lights (Supplementary material to that included in April 2, 1984 packet is in this packet.) 10. Consideration of Third Step Grievance Appeal of Public Works Employee Larry Decheine 11. Consideration of Formation of a Task Force to Consider City Council and Commission Compensation 12. Report of Director of Public Works /Community Development 13. Report of Attorney 14. Report of Councilmembers Doty, Linke, Hankner, Blanchard, McCarty 15. Report of Administrator 16. Adjournment CONSENT AGENDA April 9, 1984 The Consent Agenda is a technique designed to expedite handling of routine and miscellaneous official business of the City Council. The entire Agenda may be adopted by the Council in one motion. The motion for adoption is non debatable and must receive unani- mous approval. By request of any individual Councilmember, any item can be removed from the Consent Agenda and placed upon the Regular Agenda for debate. ITEM A. Adopt Resolution No. 1727 Approving Policy Statement on the Issue of Comparable Worth ITEM B. Set Public Hearings for Comprehensive Rezonings per the Following Schedule: May 14, 1984 Church Triangle 7:45 pm 2740 Highway 10 8:00 pm 2 Lots North of 8:15 pm 7190 Silver Lake Road South Corner of Old 8:30 pm Highway 8 County Road H May 28, 1984 Harstad Property, 7:45 pm Silver Lake Road Mid American Auto 8:00 pm K Gas Station 8:15 pm Steve's Appliances 8:30 pm June 11, 1984 Import Auto 7:45 pm 7860 Groveland Road 8 :00 pm Simon's Liquor 8.:15 pm PAC Company 8:30 pm 2806/08 Highway 10 8:45 pm June 25, 1984 7801 Silver Lake Road 7 :45 pm 7373 Knollwood Drive 8:00 pm 2752 County Road H -2 8 :15 pm ITEM C. Authorize TKDA to Prepare Plans and Specifications for Well No. 1 Control Center and Pump Starter Replacement and Water System Control Supervisory and Control Panel Modifications and Administer Contracts at a Cost Not to Exceed 510,000 ITEM D. Set Special Council Meeting for 6:00 pm on Wednesday, April 11, 1984, to Discuss Findings on Anoka County Blaine Airport with Representatives of Coffman Associates CONSENT AGENDA April 9, 1984 Page Two ITEM E. Adopt Resolution No. 1729 Proclaiming April 21 and April 28, 1984 as "Arbor Days" and the Month of May as Arbor Month ITEM F. Authorize Staff to Proceed with the 1984 MSA Project as Outlined in a Memorandum from Public Works /Community Development Director dated March 27, 1984 ITEM G. Licenses for Approval Casino Night Bel -Rae Ballroom May 2, 1984 Mounds View Lions Club General Expires 6/30/84 Belair Builders, Inc. New Scott Meland Construction New Nielsen Miller Construction Co. New Minnesota Custom Deck Remodeling, Inc. New Sign Billboard Expires 6/30/84 Arrow Sign Company Renewal ITEM H. Adopt Resolution No. 1730 Approving Just and Correct Claims Against City Funds PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA The Mounds View City Council was called to order by Mayor McCarty at 7:30 PM on April 9, 1984. The Pledge of Allegiance was said, and a moment of silence observed. MEMBERS PRESENT: Councilmembers Doty, Linke, Hankner, BlanCHard and Mayor McCarty. ALSO PRESENT: City Attorney Meyers, Clerk/ Administrator Pauley and Public Works /Community Development Director Thatcher. Motion /Second: Blanchard /Doty to approve the March 26, 1984 minutes as presented. 5 ayes 0 nays Clerk. /Administrator Pauley asked that an Item 4A be added to the agenda, the public hearing for the vacation of St. Stephen Street and a drainage easement, for 7:50 PM. There were no residents requests or comments from the floor. Motion /Second: Linke /Blanchard to approve the con- sent agenda, as presented, and waive the reading of the resolutions. 5 ayes 0 nays Motion /Second: McCarty /Doty to table the second read- ing and adoption of Ordinance No. 357, adopting the 1983 long -term financial plan, until the public hearing at 7:40 PM on April 23, 1984. 5 ayes 0 nays DATE APPROVED: 4/23/84 Regular Meeting April 9, 1984 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes: March 26, 1984 Motion Carried 5. Residents Re- quests and Comments from the Floor 6. Approval of Consent Agenda Motion Carried 7. 2nd Reading and Adoption of Ordinance No. 357 Motion Carried Mounds View City Council April 9, 1984 Regular Meeting Page Two Mayor McCarty explained the Charter requires the long term financial plan to include a public hearing. Jack Martin, 8402 Pleasant View Drive, questioned where the streetlights would be placed. Mayor McCarty explained the Council has a recommenda- tion for the placement of the lights, based upon Staff's evaluation, but they have not approved it yet. Clerk /Administrator made a presentation, showing the proposed locations for the four lights. Mr. Martin stated he was against having the lights installed, as he has lived there for seven years and does not see the need for them. He added a number of the residents do not want them as they are tacky in appearance and provide a nuisance with the pole and light shining, and would hurt the neighborhood's appearance. He stated he would be willing to consider a nicer appearing streetlight. Mayor McCarty explained the Council is very concerned with the health, safety and welfare issue involved, and they have received a great deal of input from Staff over the years, on what is the best way to accomplish the health, safety and welfare goals. He added he agrees the lights are not ornamental and asked if the property owners would be willing to pay for a more ornamental fixture. Clerk /Administrator Pauley explained there is no cost to the City to have the lights installed, and they pay $5.60 per month per light, to NSP, for their use. Mr. Martin stated he would be agreeable to paying the extra cost. John Davis, 8392 Pleasant View Drive, stated he was speaking for both himself and his neighbor, Darrell Gorham, 8391 Pleasant View Drive, and they are both against the lights, due to asthetic standards, as their neighborhood is very attractive right now. He added they are concerned with the children who play in the street now, and would continue to do so at night, if lights were installed. He also stated that for security purposes, any break -ins would most likely come through the back, and streetlights would just serve to shadow back yards more. Mrs. Pat Martin, 8402 Pleasant View Drive, stated she agreed with the opinions given already. Jim Pfaffendort, 8401 Pleasant View Drive, stated that as far as children playing in the street, it was the 8. Consideration of for Pleasant View Drive Street- lights Mounds View City Hall A't 9, 1984 Regular Meeting Page Three drivers responsibility to use caution. He stated his main concern is with security, and he feels the lights would help in that respect. Steve Olson, 8412 Pleasant View Drive, stated he shares Mr. Martin's concern with appearance. He stated he did feel streetlights would be helpful as far as safety is concerned, and he would be supportive of looking at the additional cost for ornamental lights. Ted Amozi, 8350 Pleasant View Drive, stated he was in favor of having the lights installed, as there have been a number of break -ins in the area, and he feels the lights would be helpful. Motion /Second: Doty /Blanchard to approve the Pleasant View streetlights installation. 5 ayes 0 nays Considerable discussion occurred before the vote was taken on the motion. Councilmember Doty explained that he was in favor of the installation as far more residents signed the petition in favor of the lights, then those who were speaking against them, and he is also concerned with the safety issue. Councilmember Hankner suggested the City check into putting a different light in the area of opposition, if those residents are willing to pay for it. Mayor McCarty noted that if it was done in front of only one piece of property, it would look out of place and could cause problems. DeeAnn Amozi, 8350 Pleasant View Drive, stated she had started the petition for the installation of the lights and noted that some lights seem to be softer in appearance than others. Clerk/Administrator Pauley explained that all exist- ing streetlights will be converted to sodium, which is yellowish in tone, which is what all new street lights are, as NSP has the manpower available. Mr. Davis noted that there is opposition to the place- ment of a light at 8392 -8402 Pleasant View from three adjacent property owners. He explained the owner at 8391 Pleasant View had originally signed the petition but then changed mind. He presented Clerk /Administrator Pauley will a note from the resident, indicating his change. Motion Carried Mounds View City Council April 9, 1984 Regular Meeting Page Four Mayor McCarty noted that in many spots on the petition, one person signed for two people, and questioned if that would be valid. Attorney Meyers clarified that the Council, at its discretion, can decide if the names are valid. Motion /Second: McCarty /Linke to amend the previous motion, that it stand as read, with the stipulation not to install between 8392 and 8402 Pleasant View Drive, at this time. 4 ayes 1 nay Mayor McCarty explained because the petition does have many people who signed for two, he would be willing to hold off on that particular location until the questions are resolved. He added that since several residents are in favor of having the lights installed, those should not be held up. He also expressed a concern for the safety, and stated he would rather have the area lighted. Councilmember Linke stated he agreed, and they should look at that particular location again. Councilmember Doty explained he had voted against the amendment as most of the people on that section of Pleasant View have signed the petition, in favor of the installation. Motion Carried Mayor McCarty closed the regular meeting and opened 4A. Public Hearing: public hearing for the St. Stephen Street vacation Vacation of St. and drainage easement. Stephen Street and Drainage Chris Anderson, of Christopher Companies, stated Easement they are in favor of the vacation. Mayor McCarty closed the public hearing and reopened the regular meeting at 7:59 PM. Motion /Second: McCarty /Linke to approve the first reading of Ordinance No. 359, an ordinance vacating a portion of St_ Stephen Street and a drainage ease- ment, and waive the reading. 5 ayes 0 nays Motion Carried Councilmember Doty asked if the flood plain checklist had been done. Clerk /Administrator Pauley replied he would look into it. Mounds View City Council April 9, 1984 Regular Meeting Page Five Mayor McCarty closed the regular meeting and opened the public hearing at 8:00 PM. Mayor McCarty explained that several months earlier the Council had been approached, and after the re- quired work by Staff and the Council, had granted a license transfer from the Anchor Inn to Povlitzki's Off 10. He explained the applicant was investigated and his record gave no indication of any justifiable cause to withhold the transfer of the license, so the transfer was approved. Since then, complaints have been received from the neighbors regarding the noise, parking and operating conditions. He explained the public hearing was scheduled to allow the concerns to be stated, so the owner could address them. James Paron, 2288 Highway 10, stated the property had originally been sold for a restaurant at that location, and he objects to having a bar there, and feels the Council was in error in granting the license. Attorney Meyers explained the property does have the proper zoning, and there was an existing liquor license for the premise, with the request being to transfer the liquor and restaurant licenses. He added the owner is fully within the law with his operation. Attorney Meyers recommended the City initiate the hearing procedure for all licenses in the future. He also explained there was no reason to deny the applicant his license, and the nuisance issue is another story. Mayor McCarty stated that, based on complaints he had received personally, the residents would have to make a formal complaint, as nothing can be done until one is received. Grace Zwieg, 5309 Greenfield, stated she can now hear faint music in her home, with her windows closed, and expressed concern for when the windows would be open in the summer. She also stated she would like the Greenfield exit closed, to keep the traffic off her street. David Carlson, 5297 Edgewood, stated his driveway is directly across from the Edgewood exit for Povlitzki's, and that he had spoken to Mr. Povlitzki and understands the exit will be closed off. He stated he has no problems with the operation as it is now, and has not heard or seen anything that is untoward. Mr. Carlson stated he feels Mr. Povlitzki has a right to operate his business, as long as it is under control. Ron Michna, 5297 Edgewood, questioned if there would be 9. Public Hearing: Povlitzki's Off 10 Operations Mounds View City Council Regular Meeting any problems with the City, if the Greenfield and Edgewood exits are closed, as Mr. Povlitzki is agreeable to it. He explained that when the Anchor Inn was put in, he was told by former Mayor Nissan that those exits were required by the fire code. Clerk /Administrator Pauley stated he had spoken with Fire Chief Fagerstrom regarding closing off those curb cuts, and that while he wants to study the plan to make sure there is no hazard, he has given preliminary approval to closing them off. John McGinn, 5301 Edgewood Drive, stated he has a problem with late night noise, as his bedrooms face Edgewood, and he has also found beer bottles on his lawn. He stated he agrees Mr. Povlitzki has a right to run his business, but he has an obligation to the neighbors. Jeffrey Berg introduced himself as the attorney for Mr. Povlitzki. He explained the hearing was to find out what the citizens are concerned with. He added the facility is relatively new to the Povlitzki's, with alterations being made, and it takes time to smooth the kinks out. He stated Mr. Povlitzki was initially concerned with the parking area when he was planning to purchase the property, and he was informed by the City the parking facilities were adequate. He also pointed out Mr. Povlitzki has met with the Planning Commission to work on the issue of parking, and is closing off the two exits to provide additional parking spaces. Mr. Berg explained chat with the complaints of unruly guests, whatever establishment has a liquor license and serves drinks, there are some guests who will occassionally get out of hand. He stated he had reviewed the Police reports, and found a total of seven calls made in the months of January, February and riarch, and not all of them dealt with rowdy behavior. He added there do not appear to be any serious incidents reported to the Police Depart- ment. Mr. Berg stated Mr. Povlitzki is willing to work with the neighbors regarding their concerns, but pointed out there is no proof of complaints or documentation or evidence. Mr. Berg pointed out the Anchor Inn had a capacity of 880, while Mr. Povlitzki has a capacity of 350, which is well within the parking requirements. Jean McGinn, 5301 Edgewood Drive, stated she had watched an incident out her window, where the Police had been called but just sat in their squad car and did not do anything. She threatened to personally call each Councilmember if the noise continues. April 9, 1984 Page Six Mounds View City Council April 9, 1984 Regular Meeting Page Seven Mr. Michna stated he had called the Police once, but emphasized his complaint was not with the establish- ment but rather with someone who had been stuck in the parking lot, then came over and urinated in his yard. He reported the Police did a breath test of the individual, but he passed. He added that the incident was not connected with Mr. Povlitzki at all, as the individual never went into his establishment. He also stated it is his belief that the Police must observe someone before they can take any action. Mr. Michna stated also that there have been far fewer problems with Mr. Povlitzki than were experienced with the Anchor Inn. Mr. Povlitzki pointed out the McGinn's property is on the corner of County Road H2 and Edgewood, with H2 being a feeder street for the Mermaid, Loose Ends and Donatelle's, and he stated he firmly believes their problem with beer bottles comes from people driving by, as his patrons would not walk across the street to their lawn to throw bottles, then walk back to the parking lot to their cars. Mayor McCarty closed the public hearing and reopened the regular meeting at 8:25 PM. Mayor McCarty stated he agrees there is a very good Police record for Povlitzki's, but added that not all incidents are reported. He added the establish- ment itself will determine how many complaints are received. Mayor McCarty stated that noise seems to be the biggest problem and suggested perhaps having an attendent in the parking lot prior to closing, to monitor the situation. Police Chief Ramacher explained that in order for the Police to approach someone, there must be probable cause before any action is taken, and they must either witness it themselves or have a citizens complaint, or an accident must be involved. Mayor McCarty advised Mr. Povlitzki the driveway closings must be coordinated with the Fire Chief. Mr. Povlitzki replied that he was under the impression they had been approved already, as he was before the Planning Comm ssion at their April 4 meeting, where they approved the closing off of the Edgewood and Greenfield exits. Director Thatiier advised that the Planning Commission recommendation will be before the Council at their next agenda session. Mayor McCarty stated that in terms of the volume of music, from personal experience he feels it could be turned down somewhat. Mrs. Povlitzki replied that they recently broke a contract with a band who Mounds View City Council April 9, 1984 Regular Meeting Page Eight refused to turn the volume down, with their many requests. She explained the bands they are booking now are country, which is softer. Mayor McCarty pointed out the building is air con- ditioned, so the noise problem should not increase during the summer months. He added that the refuse outside will be a concern, which the Public Works department will keep an eye on. Mayor McCarty stated no formal motion was required from the Council, as the purpose of the public hearing was to get Mr. Povlitzki and the residents together, which had been accomplished. He added Mr. Povlitzki had done a very good job at the former Launching Pad, and he hopes the City will have a good relationship with him in the future. He added that the public hearing will become part of his record. Councilmember Hankner reminded the residents that if they have a complaint, they should file it with the City, so it becomes a matter of record. Mr. Povlitzki questioned why he had been pressured by the Mayor and the City. He and Mayor McCarty got into a heated discussion on the requirements of a restaurant license and Mr. Povlitzki's compliance or non compliance with serving food, and whether a weiner wheel constituted food service, and whether Staff had told Mr. Povlitzki it was alright to con- sider the weiner wheel a food operation while the kitchen was under construction. Mr. Berg stated they were under the opinion that a weiner wheel was sufficient as it was on a temporary basis, and Mr. Povlitzki began working on the kitchen from the very beginning. He added it is in full operation now, open for 11 hours a day, and Mr. or Mrs. Povlitzki would be glad to show the Council through the kitchen. Councilmember Hankner reminded the Council they were informed all along about what was happening and what type of food service there was, and what Mr. Povlitzki's plans were for his kitchen. She also stated that he was within the State statutes, and he has been a good businessman and is willing to work with the residents. Mr. Michna asked that it be noted on the record that Mr. Povlitzki has agreed to replace the fence that was knocked down during the Anchor Inn operation. Mayor McCarty asked Clerk /Administrator Pauley to advise the Council of which Staff member told Mr. Povlitzki it was alright to use the weiner wheel. Mounds View City Council April 9, 1984 Regular Meeting Page Nine Mrs. Povlitzki asked the Council why their ex- establish- ment, Loose Ends, was allowed to operate now without a food service. She asked the Council to review their operation and be fair in monitoring all similar businesses. Motion /Second: Linke Hankner to call a ten minute recess. 5 ayes 0 nays The meeting was called back to order at 8:53 PM. Mr. Povlitzki apologized to Mayor McCarty for an erroneous statement he had made earlier in the meeting, regarding a mistaken identity. Clerk /Administrator Pauley stated hi8 memo of April 4, 1984 to the Council provides the history of the case, along with supporting documentation. He explained the discussion tonight would be the third step in the grievance appeal, with the fourth step being submittal of the grievance to the Minnesota Bureau of Mediation Services, and the fifth step being arbitration. Tim Connors, of Local No. 49, stated he was represent- ing Mr. Decheine, and he feels the one day suspension given was out of line. He added he feels that if the people involved were put under oath, the truth would come out. He added that the letters of February 16 and 22 indicate discrepencies. Mr. Connors stated he felt it was a waste of his time to have to come and sit through the Council meeting, as he had requested to go directly to the fourth step of the grievance appeal. Clerk /Administrator Pauley explained to Mr. Connor that Mounds View does not have a City Manager form of government, and it would be a significant oversite on his part to not follow the proper procedure and have the third step. Councilmember Hankner stated there was some confusion with the information listed in the letters of February 16 and 22. Motion /Second: McCarty /Blanchard that the Council ratify the actions of the Clerk /Administrator and instruct him to go to the next step in this matter. 5 ayes 0 nays Motion Carried Motion Carried 10. Consideration of 3rd Step 1 Grievance Appeal: of Public Works Employee Larry Decheine Mounds View City Council April 9, 1984 Regular Meeting Page Ten Motion /Second: Hankner /Linke to authorize Staff to publish the notice to the residents that a Task Force is being formed, with appointments to the Task Force to be by the Council, with a recomwendation expected back by September 1, 1984. The purpose of the Task Force will be to research the current level of compensation paid to the City Council and proposed compensation for commissions and committees. 4 ayes 1 nay Mayor McCarty stated he voted against the motion as he feels the $200 per month compensation he receives as a Councilmember is sufficient to cover his expenses, but he is concerned, however, with the time commission and committee members put in, without receiving compensation. Councilmember Hankner explained the intent of the Task Force is to research all bodies in the City and make their recommendations, and that did not necessarily mean a raise for the Council. Director Thatcher reported the quality of drinking water in the City has been tested every six months, and it has been found to be acceptable. He reported they will continue testing on the six month schedule, but will not have to test all six wells every six months. Director Thatcher recommended to the Council the hiring of an individual to work as an independent contractor for the City for the MSA street project for 1984. He explained the individual he would recommend would like to work for the City as a temporary employee, rather than an independent contractor, and he would be willing to work at $9 /hour as a temporary employee, versus $11 /hour as an independent contractor. Attorney Meyers explained that an independent contractor would be responsible for his own workers compensation and insurance, and the City would not be responsible for unemployment, negligent acts and so forth, whereas as a temporary employee, he would take on those attributes. He added, however, that even though the individual may be called an inde- pendent contractor, he may legally be deemed an employee. 11. Consideration of of Task Force to Consider City Council and Commission Compensation Motion Carried 12. Report of Director of Public Works/ Community Dvlp. Mounds View City Council April 9, 19 Regular Meeting Page Eleven Motion /Second: McCarty /Blanchard to authorize the City /Administrator to hire Brian D. Hoffman at a rate of $9.00 per hour as a temporary, full -time employee in the position of civil engineer technician. 5 ayes 0 nays Clerk /Administrator Pauley explained the $2 per hour difference in salary would cover the necessary ex- penses for Mr. Hoffman, but would not cover health insurance. Mayor McCarty reviewed the history of why a co- counsel was sought. Motion /Second: McCarty /Doty to authorize entering into the agreement with Grant Merritt. 5 ayes 0 nays Clerk /Administrator Pauley reported the Finance Director will have to go through the budget to deter- mine where the funds will come from. Motion: Hankner to amend the previous motion to add that it is contingent upon identification of funds by the City Council. 5 ayes 0 nays Councilmember Doty had no report. Councilmember Linke had no report. Councilmember Hankner had no report. Councilmember Blanchard reported that the Planning Commission, at their April 4 meeting, asked that the City contact Frank Kampel to see if he would be willing to attend the controversial rezonings scheduled for May and June. She added that the entire Planning Commission plans on attending. Clerk /Administrator Pauley explained the funds could come from the unexpended salary fund for the Community Development department. Motion Carried Attorney Meyers reviewed the proposed agreement with 13. Report of Grant Merritt, to act as co- counsel in the Anoka Attorney County /Blaine Airport expansion, to specifically provide expertise in environmental questions. He added he has no objection to a co- counsel. Motion Carried Motion Carried 14. Reports of Councilmembers l Mounds View City Council April 9, 1984 Regular Meeting Page Twelve Motion /Second: Blanchard /Hankner to hire Frank Kampel as a consultant. 5 ayes 0 nays Mayor McCarty stated that Mr. Povlitzki stated that Staff was aware of the type of food operation he had on Sunday, and asked for a clarification, along with a clarification of the restaurant intent. Mayor McCarty also stated he had never directed Staff to forego any public hearing, and the statement to that effect made by Mr. Povlitzki was totally erroneous. Clerk /Administrator Pauley stated he would provide the Council with a memo regarding the Povlitzki situation. Clerk /Administrator reported Mr. Waste has seeded his property on Highway 10 and requested the release of the fill permit security of $1,500. He added the City generally does not release the security until it is known if the seed has taken. Mayor McCarty explained that the more stringent requirements generally apply to contractors who might be leaving the City, but they all know Mr. Waste. Motion /Second: McCarty /Linke to release the $1,500 fill permit security for Bob Waste. 5 ayes 0 nays Clerk /Administrator Pauley reported Cy Smythe would like to discuss the labor contract for 1984 for the Police Department with the Council, and has some possible agreements that might be entered into before artibration. He stated the meeting would be a closed door meeting. Motion /Second: Linke /Hankner to set a closed, executive session of the Council on April 30 at 6 PM for the purpose of discussing labor contracts. 5 ayes 0 nays Clerk /Administrator Pauley reminded the Council that a letter of recommendation regarding the appoint- ment of the Metropolitan Council Chairman is needed by April 10. He recommended the City does not send one. Clerk /Administrator Pauley reported the Administrative Secretary has submitted her resignation, effective April 27, and stated he has advertised for a replace- ment, at $6.80 $7.40 per hour, and has had quite a Motion Carried 15. Report of Administrator Motion Carried Motion Carried Mounds View City Council April 9, 1984 Regular Meeting Page Thirteen few responses already. Mayor McCarty suggested hiring a temporary for the position. Clerk /Administrator Pauley explained the charge for a temporary is about 50 percent higher than the regular salary. Motion /Second: McCarty /Hankner to accept, with regrets, the resignation of Patt Fry. 5 ayes 0 nays Clerk /Administrator Pauley asked authorization for the installation of emergency lights for the lower level of City Hall, which acts as an emergency shelter for the mobile homes in the City. He reviewed the quote from Bacon Electric, for $1,240, and reported it would be charged to the Civil Defense account. Motion /Second: McCarty /Linke to approve the bid of Bacon Electric, for $1,240, with the funds to come from the contingency account. 5 ayes 0 nays Clerk /Administrator Pauley reported the City's application for membership in the Metropolitan Legislative Commission has been approved, and he will be meeting with a representative from there in the near future. Clerk /Aministrator Pauley asked the Council to meet with the representatives of Transplan, Inc. from New York, regarding their proposal for the airport study. The Council agreed to meet with them on May 1 and 2. Clerk /Administ_'ator Pauley reviewed the response of the Environmental Quality Board to the petition for an environmental assessment work sheet. The Council concurred to have the letter sent. Clerk /Administrator Pauley reported the City had just received a petition from Mounds View Mobile Home Park residents for the permanent opening of the access road to the Mounds View Mobile Home Park at the corner of Belle Lane and Raymond Avenue. He stated it would be given to the Police, Fire and Public Works /Community Development departments for research. Attorney Meyers advised referring to the original minutes on the mobile home park, and find out the reason it was made just an emergency access. Motion Carried Motion Carried Mounds View City Council April 9, 1984 Regular Meeting Motion /Second: Hankner /Linke to adjourn the meeting 16. Adjournment at 9:53 PM. 5 ayes 0 nays Motion Carried Respectfully subm; Do Cler' Adminis Bator Page Fourteen MEMO TO: Mayor and City Coun PROM: Clerk Administrato DATE: April 11, 1984 SUBJECT: POVLITZKI'S OFF 10 During and after the hearing on Povlitzki's Off 10 at your meeting on April 9, 1984 staff was directed to respond to two specific questions which resulted from the testimony given at this hearing. These questions are: 1. What was the specific knowledge of staff regarding Mr. Povlitzki's intentions to convert his operation from a restaurant to a restaurant /bar operation? 2. Which staff member authorized Mr. Povlitzki to operate on Sundays with a "weiner wheel First of all, prior to responding to these specific questions I would like to take the opportunity to point out that the testimony given at this hearing by Mr. Povlitzki was less than factual in nature. Also, as his legal counsel at this meeting had no specific conversations with City staff prior to the hearing, any comments made by that individual were based on information provided to him by Mr. Povlitzki and did not necessarily reflect Lhe City's position in this matter. In response to the first question, staff was aware that Mr. Povlitzki intended to make modifications to the former Anchor inn facility in order to provide an area for a bandstand and dance floor, as well as the removal of non -load bearing walls which separated the dining areas and ti:.e addition of a second hat al the west end of the facility. We were also assured by Mr. Povlitzki, however, that it was his intention to serve food although he did cr;nhasize that it would be on a different: basis than that of the Tnehor Inn as he did not wish to serve that type of food and would be remodeling the kitchen, significantly reducing its size and removing c::.iLing equipment and installing entirely new kitchen equipment. Staff was not aware of Mr. Povlitzki's intention !.o auction of L the existing kitchen equip- ment prior Lo his ordering new erl,_ipmen and t he Aelay that resulted from such action until we were advised by Counciimemher Linke of his noticing an advertisement in the Minneapolis Star Tribune for such auction. At that time we contacted far. Povlitzki, learned that the auction was in progress, and wer` advised of his plans to purchase new equipment from the proceeds of the auction and install a kitchen within four weeks of the sale of the existing equipment. -2- I would like to emphasize that staff was aware of the modifications that Mr. Povlitzki proposed to make to his physical plant, however, we were also aware of and emphasized in our conversations with Mr. Povlitzki that it was his intention to maintain a restaurant operation in the facility although on a different basis than that previously operated by the Anchor Inn. In response to the second question, once staff became aware of the fact that Mr. Povlitzki was not serving meals while being open on Sundays and Council direction that he begin the service of food immediately, I personally met with Mr. Povlitzki after communicating to him a letter dated January 4, 1984, copy attached, that he was in violation of the City's Intoxicating Liquor Code by selling liquor on Sunday without it being in conjunction with the sale of food. During our meeting, which occurred on approximately the same date, January 4, 1984, I advised Mr. Povlitzki of the absolute necess ty that he commence serving food in his facility immediately even though he was remodeling the facility. At no time did I authorize Mr. Povlitzki to operate a "weiner wheel" only. Mr. Povlitzki and I discussed the need for him to offer a variety of food which could include hot dogs, polish sausages, frozen pizzas, and other microwave type foods which would provide an assortment of choices to his customers and could include entrees which are available for commercial use and can be cooked in a microwave. I was not aware that Mr. Povlitzki chose to ignore the basics of our conversation and operate a weiner wheel only until advised of that fact by Mayor McCarty. If any mistake was made by me during the process of handling this matter with Mr. Povlitzki it was that I took his word for it and expected him Lo serve a variety of foods without taking the time to check on his operation personally and insure that he was meeting the intent of the law if not the letter of the law. I would hope that the above information adequately responds to your two questions and assures you that staff acted in the best interests of the City. Should you have any further questions or require additional information, please advise me. DFP /pf Attachment GATEWAY TO THE NORTH January 4, 1984 Mr. Richard Povlitzki Povlitzki's on 10 2400 County Road H -2 Mounds View, MN 55112 Re: Liquor Code Violations Dear Mr. Povlitzki: je of 0 s ie RAMSEY COUNTY. MINNESOTA 2401 HIGHWAY 10 MOUNDS VIEW. MINN 55112 7114-71055 It has been brought to my attention by residents of the community and Mayor McCarty that since your taking over the business formerly known as the Anchor Inn at 2400 County Road 11 -2 you have been selling into;cicating liquor without food being served in conjunction with the sale of liquor. The sale of liquor at your licensed establishment is in violation of the City's intoxicating :Liquor cede: for the following reasons: 1. Your application for the Lransiev oL ,1 liquor License from Mr. Louis C. Gydesen to your name was approved by the Mounds View City Council on December 1, 1983 with the understanding that the establishment would continue to function with its primary purpose being that of a restaurant. This was further confired when you purchased a restaurant 1_icenso from the CiLy of Mounds View during its regular business hours on December 30, 1983. Chapter 100.01 of the City's Municipal Code adopts the definition for a restaurant as outlined under Minnesota Statute 340.07, Subdivision 14, copy attached, which stat s that a restaurant means an establishment, "...having appropriate facilities for the serving of meals, and where in consideration of Fayment therefore, meals are regularly served at tables to the general public...." 2. Ordinance No. 344 amending Chanter 100 of the Municipal Code, adopted by the Mounds View City Council on July 25, 1983, provides for the sale of liquor by licensed on -sale establish- ments on Sundays between the hours of 10:00 a.m. and 12:00 Noon only when such sale is in conjunct ion with tho service of food. A copy of Ordinance No. 344 is attached for your informat In view of the fact that the City Council has authorized no change in the use of the former Anchor Inn facility, the City will expect you to operate this facility as a restaurant and abide by all of the provisions of the City's liquor code as outlined above or the City will be forced to review your on -sale liquor and restaurant licenses in view of your noncompliance with our codes. You are hereby advised that you will be expected to comply with the requirement that you operate the facility as a restaurant, with liquor sales being secondary to that function, and to cease all liquor sales until you are able to commence food sales. Sincerely, CIT OF MOUNDS VIEW DonaTf. Pauley Clerk Administra DFP /pf Enclosures -2- cc: Mayor and City Council City Attorney Richard Meyers Police Chief Tim Ramacher