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HomeMy WebLinkAboutMinutes - 1986/06/091. Call to Order CITY COUNCIL MEETING CITY OF MOUNDS VIEW JUNE, 9, 1986 7:00 P.M. AGENDA 2. Pledge of Allegiance 3. Roll Call Quick, Haake, Hankner, Blanchard, Linke 4. Approval of Minutes: May 27, 1986 Regular Meeting (Received in 6 -02 -86 Packet) 5. Public Hearings 7 :05 P.M.- Mermaid, Inc. 2200 Highway 10 Licensee: Daniel L. Hall 7:06 P.M.- Muldoon's Inc. 2400 County Road H2 Licensee: Patrick Conroy 7:07 P.M.- Donatelle's Supper Club 2400 Highway 10 Licensee: Edward Donatelle 7 :08 P.M.- Loose Ends On 10 2375 North Highway 10 Licensee: Steven Hauck 7 :09 P.M.- B R Liquor 2345 County Road H2 Licensee: Robert Waste 7:10 P.M.- Budget L.iquor 2577 Highway 10 Licensee: Robert Bell 7 :11 P.M.- Simon's Liquor 2840 Highway 10 Licensee: Simon T. Simon 7 :12 P.M.- Bel -Rae Ballroom 5394 Edgewood Drive Licensee: Anton Jambor 7:13 P.M.- Chester Glisan Subdivision 7800 Long Lake Road (1 lot into 2) AGENDA JUNE 9, 1986 PAGE TWO 6. Residents Requests and Comments From The Floor CITIZENS: BEFORE SPEAKI NG PLEASE GIVE YOUR ;FULL NAME AND ADDRESS FOR THE MINUTES 7. Approval of Consent Agenda ITEM A. Authorize Payment of $5,100 to American Sweepers, Inc. In Payment of 1986 Street Sweeping Costs Contingent Upon American Sweepers Signing A Release ITEM B. Accept Proposal from EL Marketing Dated May 2, 1986 for Precinct Election Processing System "PEPS Ballot Counter Model 2.0 in the Amount of $8,270 and Authorize Purchase ITEM C. Authorize Payment by First Bank -St. Paul of Bond Numbers 228 and 229 and Coupon Number 23 for 1974 Improvement Bonds to First National Bank of Mankato ITEM D. Authorize Installation of "No Parking 6 AM to 6 PM November thru Apri n igns on the North Side of the East /West Portion of Spring View Lane and on the East Side of the North /South Portion of Spring View Lane ITEM E. Approve Payment of $5,554.20 to Superior Data Corporation for Installation of Computer Cabling System in Mounds View City Hall, Police Station and Public Works Garage, Charge to Account Number 100 120 -4703 ITEM F. Authorize Letter Endorsing the Self Reliance Center's Presentation to All Multi- Family Apartment Owners and Managers in the City of Mounds View ITEM G. Approve Resolution No. 2016 Approving Just and Correct Claims Against City Funds AGENDA JUNE 9, 1986 PAGE THREE ITEM H. Licenses for Approval Restaurant Expires 6/30/87 Burger King Renewal Mister Donut Renewal 8. Consideration of Resolution No. 2015 Regarding Chester Glisan Minor Subdivision 9. Consideration of Development Agreement No. 86 -75 with MTC for Park and Ride Facility 10. Consideration of Development Agreement No. 86 -64 with Ronald Richardson for Self-Service Car Wash at 2320 Highway 10 (Info to be provided Monday night.) 11. Consideration of Approval of Renewal of On -Sale and Off Sale Liquor License Renewals A. Mermaid B. Muldoon's, Inc. C. Donatelle's Supper Club D. Loose Ends On 10 E. B R Liquor F. Budget Liquor G. Simon's Liquor H. Bel -Rae Ballroom 12. Consideration of Staff Memorandum Regarding Purchase of Computer Power Line Protector 13. Consideration of Staff Memorandum Regarding Water Treatment Plant #1 Roof 14. Report of Public Works /Community Development Director 15. Report of Attorney 16. Report of Councilmembers: Quick, Haake, Hankner, Blanchard, Linke 17. Report of Administrator 18. Adjournment 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 unanimous approval. By request of any individual Councilmember, an item can be removed from the Consent Agenda and placed upon the Regular Agenda for debate. 7. Approval of Consent Agenda CONSENT AGENDA JUNE 9, 1986 ITEM A. Authorize Payment of $5,100 to American Sweepers, Inc. In Payment of 1986 Street Sweeping Costs Contingent Upon American Sweepers Signing A Release ITEM B. Accept Proposal from EL Marketing Dated May 2, 1986 for Precinct Election Processing System "PEPS Ballot Counter Model 2.0 in the Amount of $8,270 and Authorize Purchase ITEM C. Authorize Payment by First Bank -St. Paul of Bond Numbers 228 and 229 and Coupon Number 23 for 1974 Improvement Bonds to First National Bank of Mankato ITEM D. Authorize Installation of "No Parking 6 AM to 6 PM November thru April Signs on the North Side of the East /West Portion of Spring View Lane and on the East Side of the North /South Portion of Spring View Lane ITEM E. Approve Payment of $5,554.20 to Superior Data Corporation for Installation of Computer Cabling System in Mounds View City Hall, Police Station and Public Works Garage, Charge to Account Number 100 120 -4703 ITEM F. Authorize Letter Endorsing the Self Reliance Center's Presentation to All Multi- Family Apartment Owners and Managers in the City of Mounds View ITEM G. Approve Resolution No. 2016 Approving Just and Correct Claims Against City Funds ITEM H. Licenses for Approval Restaurant Expires 6/30/87 Burger King Renewal Mister Donut Renewal The Pledge of Allegiance was said. PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA MEMBERS PRESENT: Councilmembers Quick, Haake, Blanchard and Mayor Linke. It was noted that Councilmember Hankner was absent. ALSO PRESENT: Attorney Mark Karney, Clerk /Admini- strator Pauley and Public Works /Community Development Director Thatcher. Motion /Second: Blanchard /Quick to approve the May 27, 1986 minutes as presented. 4 ayes 0 nays Donald Hodges and Ray Young of the Mounds View Lions Club made a presentation to the Council of a check for $500, to go toward the Festival in the Park. The Council extended their thanks to the Lions Club. Motion /Second: Haake /Quick to approve the consent agenda, as presented, and waive the reading of the resolutions. 4 ayes 0 nays Mayor Linke closed the regular meeting and opened the first public hearing at 7:06 PM. Jerk /Administrator Pauley explained a written eport had been given to the Council from the Police Chief and himself, outlining the liquor license renewal process and any problems experienced with any of the establishments in the past year. DATE APPROVED 3. Roll Call 6/23/86 Regular Meeting June '9,.;1986 Moun View City Hall 2401 Hwy. 10 Mounds View, MN 55112 The Mounds View City Council was called to order by 1. Call to Order Mayor Linke at 7:02 PM on Monday, June 9, 1986. 2. Pledge of Allegiance 4. Approval of Minutes May 27, 1986 Motion Carried 5. Residents Requests and Comments from the Floor 6. Approval of Consent Agenda Motion Carried 7. Public Hearings: Mermaid, Inc. Michna, 5287 Edgewood, stated he did not like the 'Ten air concerts, as they are very disruptive for the neighborhood. Mayor Linke closed the public hearing and opened the 7B. Muldoon's Inc. next public hearing at 7:08 PM. Mounds View City Council June 9, 1986 Regular Meeting Page Two Jeff Moen, 5284 Greenfield, stated he is the property manager for the apartment building, and they feel it is unnecessarily noisy at closing time. David Carlstrom, 5297 Edgewood Drive, read sections of City Code Chapter 100, specifically 100.09, subd. 4, 5 and 6, stating it is the owners responsibility to clear his premises at the end of the evening. He stated the noise problems continue past the allowable time, and he feels it is sufficient cause to revoke the license of Muldoon's. He added the lights in the parking lot do not work, which encourages the problem outside, and he feels it is the owners responsibility to take care of these problems. Clerk /Administrator Pauley explained a violation of this type would be handled by a citation rather than an arrest, and the Police Department feels they are successful in handling the problem by clearing :he parking lot versus issuing citations. He added -the Police Department goes through the parking lots of all the liquor establishments between midnight and 2 AM, as time allows, but they are often called out for an emergency. Attorney Karney clarified that the purpose of these public hearings was to allow the citizens to come forth and air their complaints. The City Council will listen to them, then meet with the Police Department and then the owners of the various establishments where problems have been noted, and address these problems. He added the public hearings will put pressure on the Council to put pressure on the owners to take corrective action. Mr. Carlstrom asked what time the food service is in operation at Muldoon's, particularly on Sundays. Mr. Conroy replied until 1 AM, except on Sundays, when it is 12. Mr. Michna stated he has been told by the workers at Muldoon's that food is not served, that something is always broken in the kitchen. He added the same omplaints were aired last year, and he would like ,ction taken. He stated he has asked to speak to the owner of the operation while in Muldoon's and has been told he is never in the building past afternoon. Mounds View City Council June 9, 1986 Page Three 'Regular Meeting Duane Duke, no address given, stated he agrees with every :hing Mr. Michna has said. Other concerns noted in addition to the noise was that patrons sometimes urinate outside, the fence has been broken many times, and disrespect for property. Janice Johnson,_ 5259 Greenfield Avenue, stated she wrote a letter to the City last year and voiced her complaints at that time, of which noise was one of the major ones. Councilmember Haake stated she heard many of these same complaints last year, and she agreed they are a bother to the citizens and something must be done about them now. Attorney Karney explained the standards to use in deciding to renew or not renew a liquor license are substantial, and he reviewed the requirements which must be met in order to not renew. He stated the Council would have to make sure they have sufficient evidence and grounds to not renew the license, and there is a substantial burden of proof, and it would have to be from more than'a few citizens. He stated they would require hard evidence and documentation. Mr. Duke stated he felt if off -duty officers or bouncers were station outside, it would alleviate most of the ?roblems. Mayor Linke stated the citizens should call the Police Department and file a complaint when there is a problem, which will help to document the situation. Attorney Karney advised that the times when an officer cannot get there in time, the citizens should file a complaint against the establishment. He also stated that pictures or a video tape would be very helpful as evidence. Michna stated he was angry that the license went from a restaurant to a bar. Councilmember Haake advised the residents to file complaints. She also advised Mr. Conroy that he should fix the outside lights, hire an attendent for outside, and advise the patrons as they leave that they are to clear out of the parking lot also. Mr. Conroy replied that the Council should tell him what to do, and he will do it. He added he has no objection to having an off -duty security officer, and he will fix the outdoor lights. 4r. Michna stated he did want it known that since last year's hearing, Mr. Conroy has kept the yard neat, and the fence in good repair most of the time. Mounds View City Council June 9, 1986 Regular Meeting Page Four Mayor Linke stated the situation should not have to get .his far, and Mr. Conroy should be able to think ahead and tackle the problems at the very beginning. He stated he would also like the Council to receive more advance notice of special events that are going to be held there, to allow time for discussion and to work out potential problems. Mr. Conroy replied that he would like to cooperate, and he will do his best. Attorney Karney advised that the purpose of the public hearing is for license renewal, and revokation or suspension can take place at any time, and the Council does not have to wait until renewal time to do something. Councilmember Blanchard recommended Mr. Conroy repair the outdoor lights in the parking lot. Mayor Linke agreed, stating he should meet the standards for parking lot lighting. Mayor Linke closed the public hearing and opened the next public hearing at 7:45 PM. Mr. Michna stated he does not feel Donatelle's has been much of a problem, and problems that have )een brought up before have been cleared up. He however, that a buffer zone is required around parking lots but it has not been enforced at Donatelle's, and there were two accidents that he was aware of in the past year with people leaving Donatelle's and pulling onto County Road H2. Ed Donatelle replied that he cannot obtain any additional land for parking. He has spoken with the owner of the adjacent property in the past and has informed him he would like to purchase some, but has been told it is tied up in probate. Clerk /Administrator Pauley explained the City has tried to assist Donatelle's by talking to the O'Neils, but they are not willing to sell off a portion of it. Mayor Linke explained this establishment is grand fathered in with their rights, so the City cannot require the 10' buffer strip. Clerk /Administrator Pauley also explained that County Road H2 is a County road and the City cannot force them to do anything special with it. layor Linke closed the public hearing and opened the next one at 7:51 PM. 7C. Donatelle's Super Club Mounds View City Council Regular Meeting There were no comments from the Council or the residents present, so Mayor Linke closed the public hearing and opened the next one at 7:51 PM. There were no comments from the Council or the residents present, so Mayor Linke closed the public hearing and opened the next one at 7 :52 PM. There were no comments from the Council or the residents present, so Mayor Linke closed the public hearing and opened the next one at 7:52 PM. There were no comments from the Council or the residents present, so Mayor Linke closed the public hearing and opened the next one at 7:52 PM. There were no comments from the Council or the residents present, so Mayor Linke closed the public hearing and opened the next one at 7:53 PM. Director Thatcher reviewed the request of Chester Glisan for a minor subdivision of his property at 7800 Long Lake Road. He stated the Planning Commission has reviewed it and recommends approval. Ir. Glisan reviewed how his property is situated rand why he is requesting the minor subdivision. Mayor Linke closed the public hearing and reopened the regular meeting at 7:55 PM. Motion /Second: Haake /Quick to approve Resolution No. 2015, recommending Mounds View Planning Case No. 190 -86, for the Chester Glisan minor sub- division, and waive the reading. 4 ayes 0 nays Councilmember Haake questioned if leaving the development agreement as it stands would cloud the agreement with the MTC. Clerk /Administrator Pauley replied he feels the MTC is nitpicking, in excluding provisions that are not applicable to them. He explained a standard agreement was used as Staff did not have the time to customize one for this particular case. ouncilmember Haake recommended writing a cover letter ,tating that it is a standard form, and certain exclu- sions will be made for the MTC. She added they must also consider the phone issue, and the City should also delete the necessity of the MTC having to install a pay telephone on the site. June 9, 1986 Page Five 7D. Loose Ends on 7E. B R Liquor 7F. Budget Liquor 7G. Simon's Liquor 7H. Bel -Rae Ballroom 7I. Chester Glisan Subdivision, 7800 Long Lake Road 8. Consideration of Rslt. No. 2015 Motion Carried 9. Consideration of Development Agreement No. 86 -75 Mounds View City Council June 9, 1986 Regular Meeting Page Six Motion/Second: Haake /Blanchard to approve Development Xgreement No. 86 -75, with a cover letter indicating the non applicable parts will be excluded, and the requirement for the telephone on the site will be deleted. 4 ayes 0 nays Director Thatcher reported that Ronald Richardson 10. has submitted information to the City through Attorney Meyers, and his banker is requesting that the letter of credit have an expiration date. Attorney Karney stated he will have to research the issue further to see if an expiration date would be appropriate. He added that if they do establish one, it should extend beyond the first of the year. Mike Rich, representing Mr. Richardson, stated he had spoken with Mr. Richardson's banker, who told him an expiration date was required. He added that Mr. Richardson could request an extention to cover any additional time that is necessary, or the City could draw on the letter. He agreed that the date could be advanced, to allow ample time for construction to be completed. Attorney Karney questioned the amount of the letter of credit, wondering whether $10,000 would be sufficient to protect the City. Director Thatcher stated that $10,000 would be sufficient. Motion /Second: Quick /Blanchard to table this item until the next regular meeting, on June 23, 1986, to allow the City Attorney time to look into it. 4 ayes 0 nays Motion /Second: Haake /Quick to approve the renewal of the on -sale and off -sale liquor licenses for the Mermaid, Donatelle's Supper Club, Loose Ends on 10, B R Liquor, Budget Liquor, Simon's Liquor, and the Bel -Rae Ballroom, from July 1, 1986 to June 30, 1987. 4 ayes 0 nays Motion Carried of Development Agreement No. 86 -64 Motion Carried Renewal of On- Sale and Off Sale Liquor Licenses Motion Carried Mounds View City Council Regular Meeting Motion /Second: Haake /Quick to authorize the issuance ,f an on -sale liquor license for Muldoons, Inc., contingent upon a written agreement being reached between the owners of Muldoon's Inc. and the city of Mounds View, addressing all of the neighbors concerns, and place a completion date for the fulfillment of those requirements by June 30, 1986. 4 ayes 0 nays Councilmember Blanchard stated she was concerned the City does not have enough documentation on this problem. She also stated she was concerned with the problem of the food and the serving of liquor on Sunday. Clerk /Administrator Pauley reported the Police Department has done spot checks, and found them to be in compliance. There was discussion among the Council of how they could enforce the requirements upon Muldoon's, and it was recommended that the unmarked squad car be used in the parking lot, whenever possible. :lerk /Administrator Pauley reviewed his memo of June 4, 1986 to the Council, recommending the purchase of a computer power line protector, and he outlined the reasons why Staff recommends going with the higher bid. Motion /Second: Quick /Blanchard to authorize the purchase of an RTE Deltec Power Line Protector from Herb Bacon Electric per a proposal from Heiner Agency, Inc. dated May 30, 1986 in the amount of $3,140. 4 ayes 0 nays Director Thatcher reviewed his memo of June 4, 1986 to the Clerk /Administrator and Council regarding water treatment plant No. 1 roofing. Motion /Second: Quick /Blanchard to award the project for Water Treatment Plant No. 1 roof to All Seasons Roofing Co., Inc. in the amount of $8,225.00, with the funding to come from Account No. 700 122 -4123. 4 ayes 0 nays June 9, 1986 Page Seven Motion Carried 12. Consideration of Purchase of Computer Power Line Protector Motion Carried 13. Consideration of Water Treatment Plant No. 1 Roof Motion Carried Mounds View City Council Regular Meeting '-Director Thatcher reported that, per Council's direc- ::ion, he had sent a letter to the Rice Creek Watershed District regarding Branch 5 of Judicial Ditch 1, and they would like to have one or two councilmembers attend their meeting on June llth at 7:30 PM to disc it. Director Thatcher reported he and Mayor Linke will be attending, and he stated the City must also send a letter, asking the District to contribute as much funding as possible. Director Thatcher reported Gene Anderson has resigned from the Planning Commission, and there are several vacancies to be filled on the Commission. Attorney Karney had no report. Councilmember Quick asked where the City is in negotiations on the airport. Attorney Karney brought the Council up to date, and he reported responses have been received from various officials to date. Motion /Second: Quick /Blanchard to reaffirm the Council's position on this issue, and have Staff and the City Attorney proceed with the airport lawsuit negotiations. 4 ayes 0 nays Councilmember Quick reported he would not be able to attend the Festival in the Park, as he will be at Camp Tomahawk with the Boy Scouts. Councilmember Haake had no report. Councilmember Blanchard asked the status of the fire inspections, stating she has asked for this three times. Director Thatcher replied they are presently scheduled to meet with Fire Chief Fagerstrom later in the week. Clerk /Administrator Pauley explained Staff will be submitting a revised scheduled for fire inspections, and they must make a better judgement on scheduling time, and get a better handle on the relationship aith the Fire Department, and how they will be functioning together. He added he will be meeting with Director Thatcher and the two inspectors to work out the details of what is required, and make a schedule on a calendar, to follow. He stated June 9, 1986 Page Eight 14. Report of Public Works/ Community Development Director 15. Report of Attorney 16. Reports of Councilmembers: Councilmember Quick Motion Carried Councilmember Haake Councilmember Blanchard Mounds View City Council Regular Meeting ``she hopes to have a report to the Council by the .`first agenda session in July. Mayor Linke asked for a councilmember to attend the Ramsey, County League of Local Governments meeting on June 11, as he would be attending the Rice Creek Watershed District meeting. Councilmember Quick volunteered. Clerk/Administrator Pauley reviewed a letter received 17. Report of from Kermit McCray of District #9, regarding Highway Administrator 10, in response to the letter he had written Mr. McCray earlier. Clerk /Administrator Pauley reported Mr. McCray assured him the project will go through this year, and it will be bid in July and started in August or September. Clerk /Administrator Pauley reported that earlier in the day, the Ramsey County Board of Commissioners had adopted a resolution to resurrect the court consolidation issue. Mayor Linke adjourned the meeting at 8:58 PM. 18. Adjournment Res fully su• it ed, ul Clerk /1ldministr tor/ June 9, 1986 Page Nine Mayor Linke