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HomeMy WebLinkAboutMinutes - 1987/06/084. CITY COUNCIL MEETING CITY OF MOUNDS VIEW JUNE 8, 1987 EXECUTIVE SESSION 6:30 P.M. REGULAR MEETING 7:00 P.M. A G E N D A 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Quick, Blanchard, Wuori, Hankner, Linke 4. Approval of Minutes: May 26, 1987 Regular Meeting 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 82 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 Liquor 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 6. Residents Requests and Comments From The Floor CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES AGENDA PAGE TWO JUNE 8, 1987 7. Approval of Consent Agenda ITEM A. Approve Hiring of DeAnna Vinzant at $6.50 Per Hour for 20 Hours Per Week Not Exceeding 236 Hours Retroactive to June 1, 1987 ITEM B. Set Public Hearing to Consider Rezoning Request from B -1 to B -3 and Conditional Use Permit to Operate Self- Service Gas Pumps for Tom Thumb Store, 2408 County Road I, for 7:10 p.m. June 22, 1987 ITEM C. Approve Position Accountability Write -Up for Parks, Recreation and Forestry Director Position Dated May 1987 ITEM D. Approve Permanent Appointment of Mary Saarion as Parks, Recreation and Forestry Director Effective June 1, 1987 ITEM E. Approve Position Accountability Write -Up for Parks, Recreation and Forestry Administrative Assistant Dated May, 1987 ITEM F. Approve Permanent Appointement of Sharie Linke as Parks, Recreation and Forestry Department Administrative Assistant Effective June 1, 1987 ITEM G. ITEM H. Approve Purchase of Street Signs for Stock from Gopher Signs at a Cost Not to Exceed $1,500.00 ITEM I. Approve Plans and Agreement Between Ramsey County and the City of Mounds View for Installation and Maintenance of Temporary Traffic Control Signals at County Road I and Quincy Street Approve Payment of One -Time Membership Dues of $250.00 to the State and Local Legal Center to be Charged to Account No. 100 -160- 4361 ITEM J. Approve Amendment No. 1 to Exhibit 2A, Development Agreement 82 -52, Paragraph 2 ITEM K. Set Public Hearing for 7:15 p.m., June 22, 1987 Lo Consider Preliminary Plat for North Star Industrial Park Major Subdivision AGENDA PAGE THREE JUNE 8, 1987 ITEM L. Set Public Hearing for 7:20 p.m., June 22, 1987 to Consider Request for Rezoning by Greg Johnson, 2845 Trunk Highway 10, from R -1, Single Family Residential, to R -0, Residential Office ITEM M. Set Public Hearing for 7:25 p.m., June 22, 1987 to Consider Request for Conditional Use Permit from Larry Pearson, 2925 Trunk Highway 10, to Construct a 400 Sq. Ft. Accessory Building ITEM N. Set Public Hearing for 7:30 p.m., June 22, 1987 to Consider the Vacation of a 66 Foot Road Easement in Block 2, Jim Lund Second Addition ITEM 0. Adopt Resolution No. 2204 Authorizing Release of Development Securities and Authorizing Isssuance of Occupancy Certificate ITEM P. Adopt Resolution No. 2203 Approving Just and Correct Claims Against City Funds ITEM Q. Licenses for Approval 8. Consideration of Staff Memorandum Regarding the Hiring a Public Works Employee 9. Remove from Table and Continued Discussion Regarding Portable Classroom Building Site 10. Report of Attorney 11. Report of Councilmembers: Quick, Blanchard, Wuori, Hankner, Linke 12. Report of Administrator 13. Adjournment Other Expires 6 -30 -87 Berwald Roofing New Restaurant Expires 6 -30 -87 R. J. Riches New CONSENT AGENDA JUNE 8, 1987 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. ITEM A. Approve Hiring of DeAnna Vinzant at $6.50 Per Hour for 20 Hours Per Week Not Exceeding 236 Hours Retroactive to June 1, 1987 ITEM B. Set Public Hearing to Consider Rezoning Request from B -1 to B -3 and Conditional Use Permit to Operate Self- Service Gas Pumps for Tom Thumb Store, 2408 County Road I, for 7:10 p.m. June 22, 1987 ITEM C. Approve Position Accountability Write -Up for Parks, Recreation and Forestry Director Position Dated May 1987 ITEM D. Approve Permanent Appointment of Mary Saarion as Parks, Recreation and Forestry Director Effective June 1, 1987 ITEM E. Approve Position Accountability Write -Up for Parks, Recreation and Forestry Administrative Assistant Dated May, 1987 ITEM F. Approve Permanent Appointement of Sharie Linke as Parks, Recreation and Forestry Department Administrative Assistant Effective June 1, 1987 ITEM G. Approve Plans and Agreement Between Ramsey County and the City of Mounds View for Installation and Maintenance of Temporary Traffic Control Signals at County Road I and Quincy Street ITEM H. Approve Purchase of Street Signs for Stock from Gopher Signs at a Cost Not to Exceed $1,500.00 ITEM I. Approve Payment of One -Time Membership Dues of $250.00 to the State and Local Legal Center to be Charged to Account No. 100 -160- 4361 ITEM J. Approve Amendment No. 1 to Exhibit 2A, Development Agreement 82 -52, Paragraph 2 ITEM K. Set Public Hearing for 7:15 p.m., June 22, 1987 to Consider Preliminary Plat for North Star Industrial Park Major Subdivision CONSENT AGENDA PAGE TWO JUNE 8, 1987 ITEM L. Set Public Hearing for 7:20 p.m., June 22, 1987 to Consider Request for Rezoning by Greg Johnson, 2845 Trunk Highway 10, from R -1, Single Family Residential, to R -0, Residential Office ITEM M. Set Public Hearing for 7:25 p.m., June 22, 1987 to Consider Request for Conditional Use Permit from Larry Pearson, 2925 Trunk Highway 10, to Construct a 400 Sq. Ft. Accessory Building ITEM N. Set Public Hearing for 7:30 p.m., June 22, 1987 to Consider the Vacation of a 66 Foot Road Easement in Block 2, Jim Lund Second Addition ITEM 0. Adopt Resolution No. 2204 Authorizing Release of Development Securities and Authorizing Isssuance of Occupancy Certificate ITEM P. Adopt Resolution No. 2203 Approving Just and Correct Claims Against City Funds ITEM Q. Licenses for Approval Other Expires 6 -30 -87 Berwald Roofing New Restaurant Expires 6 -30 -87 R. J. Riches New PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA The Mounds View City Council was called to order by 1. Call to Mayor Linke at 7:00 PM on Monday, June 8, 1987. Order The Pledge of Allegiance was said. MEMBERS PRESENT: Councilmembers Quick, Blanchard, Wuori, Hankner and Mayor Linke. ALSO PRESENT: City Attorney Meyers and Clerk/ Administrator Pauley. Motion /Second: Blanchard /Hankner to approve the May 26, 1987 minutes as presented. 5 ayes 0 nays Alice Frits, 8072 Long Lake Road reported that the May 7 issue of the Minneapolis Star and Tribune had listed in the Ramsey County real estate section that the property at 2211 NE Highway 10, belonging to Jack Johnson, had been purchased by the City of Mounds View, and she questioned why the City purchased his property. Mayor Linke explained the property is along side of McDonald's on Highway 10, and the City is playing middle man between the developer, JLN, and t_he property owner. He stated the City will be reimbursed by the other buyers, JLN. He further explained there had been a breakdown in communication between Mr. Johnson and JLN, and it worked out better for the City to help out with the purchase. Mr. Frits asked why the City had to get involved, and where the money came from, and if interest would be paid to the City. Clerk /Administrator Pauley explained that there will be a title transfer on July 1, and the City will be paid back by JLN. He added that there will be no interest paid to the City, and the funds came from the cash reserves. He added JLN will be responsible for the DATE APPROVED: 6/22/87 Regular Meeting June 8, 1987 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes: May 26, 1987 Motion Carried 5. Residents Requests and comments from the Floor Mounds View City Council June 8, 1987 Regular Meeting Page Two costs in the long run through tax increment financing. Mayor Linke closed the regular meeting and opened the first public hearing at 7:06 PM. It was noted there was no one present from the Mermaid, and there were no comments from the audience or the Council. Mayor Linke closed the public hearing and reopened the regular meeting at 7:06 PM. Motion /Second: Quick /Hankner to approve the renewal of the on -sale and Sunday sale intoxicating liquor license for the Mermaid, Inc., 2200 Highway 10. 5 ayes 0 nays Mayor Linke closed the regular meeting and opened the next public hearing at 7:07 PM. Grace Zwieg, 5309 Greenfield Avenue, stated that on the morning of April 26, when she went into her attached garage to leave for church, she found a very drunk man in the back seat of her car. She stated he 'had spent the previous evening at Muldoon's and had been served way too much liquor. She added that she did not call the police over that incident, but she has had many problems with the operation of Muldoons. She stated that at least once a year she gets a damaged mailbox, and the fence between her property and Muldoon's is always in need of repair, and she presented pictures to the Council of the fence. She also stated the owner had promised last year to paint the fence and had not done so. Mayor Linke asked if the fence was listed in the letter of understanding from last year. Clerk /Administrator Pauley replied he would have to check the letter. Ron Michna, 5287 Edgewood Drive, asked what a public nuisance is, according to the City Attorney, Clerk/ Administrator and each Councilmember, and he also asked which specific license is issued for Muldoon's to operate. Mayor Linke replied a liquor license is issued, under Chapter 100.02, under both City code and State law. 6. Public Hearing: Mermaid, Inc. 2200 Hwy. 10 Motion Carried 7. Public Hearing: Muldoon's Inc. 2400 County Road H2 Mounds View City Council June 8, 1987 Regulr Meeting Page Three A o Clerk/Administrator Pauley clarified that a restaurant license is required to sell liquor on Sunday. Mr. Michna asked what the capacity of Muldoon's is under the fire code. Mayor Linke replied he was not certain of the capacity but that a fire inspection had been done and the capacity posted in the building. Attorney Meyers read the definition of a public nuisance according to law. Mr. Michna referred to parts of the definition and stated he felt Muldoon's was in violation of many areas. He also pointed out that he attended the public hearing last year and voiced many of the same concerns and he had asked the Council to call a special meeting between the owner and the City and the area residents to address the problems, but the Council never did that. Mayor Linke explained that was the purpose of the meeting tonight, and this is an opportunity for the people to address any problems. Mr. Michna stated he had presented a petition to the Council last year of signatures of people in the area, stating the numerous problems they had been having with Muldoon's, and things were no better this year. Councilmember Hankner explained the City needs evidence if they are going to be able to prosecute, and just as they asked the residents last year, they are asking again that they put complaints in writing and file a police report. Attorney Meyers explained there are two types of complaints, citizen and criminal citations, and he explained the difference between the two, and he reviewed the criteria to be used to revoke a liquor license. He added tLat it may not be under City control but under State control with a mediator. He stated that if there is a serious problem, at the time of renewal discretion is broader as far as restricting or taking away a license, and now is the time for the Council to address the problems. He further explained that there is criteria to be followed on the Sunday liquor license issue. Councilmember Hankner stated that as a result of the input from the citizens, they set up the public hearings before the renewal of each liquor license in the City. Mounds View City Council June 8, 1987 Regular Meeting Page Four "1Mr. Michna stated the Council is aware of two establish ments who are not meeting the criteria of the Sunday food operation and stated they should have been shut down a year ago and wanted to know why the Council does not handle the situation. He also stated he is concerned about the outdoor entertainment that goes on and how disturbing it is to the neighborhood. Mayor Linke stated the City was approached by Loose Ends about an outdoor concert and the City told them no. Mr. Michna stated he still has a problem with the band instruments being moved out in the middle of the night, after closing, and he had complained about that a year ago, and he did send a letter Lo the City complaining about that. He also pointed out a problem with no curbing along County Road H2, as people drive in and out wherever they please. David Carlstrom, 5297 Edgewood Drive, stated he agrees with everything Mr. Michna has stated, and he asked whose responsibility is it to enforce the ordinances, and asked who he should sue for non enforcement, the police department, city attorney, clerk /administrator or the council. He added they have had complaints against that establishment for the past three years and nothing has been done about it. Mayor Linke stated the complaints must be filed with the City if they are going to be able to use them. Mr. Carlstrom stated the law is not being enforced and he asked if it was unreasonable for a citizen to expect that City to control the businesses and enforce the law. He asked what his next recourse would be, and if he should go to the attorney general next. Attorney Meyers explained criminal actions must go through the police department, and they investigate all complaints. He added that if a citizen has a complaint, they should file it. Mr. Michna stated the fence between Muldoon's and the neighborhood was only recently repaired because of the public hearing which was scheduled. Mr. Conroy, owner of Muldoon's, replied that when the fence goes down, they repair it, and they know what the laws are and they abide by them. He added that each year there is a new bunch of charges against them, and as they take care of those, new ones come up. He stated they are operating as a restaurant, and they open at 4 PM or later on Sunday, and one person handles the cooking, as well as tending bar and other duties. He added they have never had a food business there, and Mounds View City Council June 8, 1987 Regular Meeting Page Five :'they take maybe three orders for food on a Sunday. Mayor Linke explained that liquor is to be served in conjunction with food, but it appears that Muldoon's is doing it backwards. He stated the intent of the law is to allow restaurants to also serve liquor with their meals on Sunday. Mr. Conroy replied their business does not pick up until 9 or 10 PM now, with daylight hours, and no one is in there eating then. Councilmember Hankner asked what type of food is served and she questioned why they are even open on Sunday if business is that slow. Mr. Conroy stated they serve sandwiches and french fries, and he added they are open because some business is better than no business. Mayor Linke stated he does not feel that a sandwich meets the requirements of a complete entree, which must include a salad, vegetable, bread or rolls, and beverage. He added that he does not feel that lettuce and tomatoe served on a burger count as a vegetable. Motion /Second: Blanchard /Wuori to table this item for two weeks, to allow time to get some answers. 5 ayes 0 nays Motion Carried Mayor Linke closed the public hearing and reopened the regular meeting at 7:44 PM. Mayor Linke closed the regular meeting and opened the third public hearing at 7:44 PM. Mayor Linke asked if Donatelle's serves entrees on Sunday. Ed Donatelle, the owner, replied they have between 20 and 30 menu selections available on Sundays, both Italian and American. Mr. Michna stated he understands a certain percentage of sales on Sunday must be for food. Attorney Meyers replied the State requires 30% seating for food, and then each City has their own requirements. Mayor Linke closed the public hearing at 7:47 PM and reopened the regular meeting. 8. Public Hearing: Donatelle's Supper Club, 2400 Highway 10 Mounds View City Council June 8, 1987 Regular Meeting Page Six M otion /Second: Wuori /Hankner to approve the renewal of the on -sale and Sunday sale intoxicating liquor license for Donatelle's Supper Club, 2400 Highway 10. 5 ayes 0 nays Motion Carried Mayor Linke closed the regular meeting and opened the next public hearing at 7:48 PM. It was noted there was no one present to represent the owner. Mr. Michna stated he would like the Council to look into the Sunday liquor license issue for Loose Ends on 10 on the same basis as they will be looking at Muldoon's. Mayor Linke closed the public hearing and reopened the regular meeting at 7:49 PM. Mayor Linke closed the regular meeting and opened the next public hearing at 7:49 PM. There was no one present to represent the owner, and there were no comments from anyone present in the audience. Mayor Linke closed the public hearing and reopened the regular meeting at 7:49 PM. Mayor Linke closed the regular meeting and opened the next public hearing at 7:49 PM. There was no one present to represent the owner, and there were no comments from anyone present in the audience. Mayor Linke closed the public hearing and reopened the regular meeting at 7:50 PM. Motion /Second: Quick /Blanchard to approve the renewal of the off -sale intoxicating liquor licenses for B R Liquor, 2345 County Road H2, and Budget Liquor, 2577 Highway 10. 5 ayes 9. Public Hearing: Loose Ends on 10, 2375 No. Highway 10 10. Public Hearing: B R Liquor, 2345 County Road H2 11. Public Hearing: Budget Liquor, 2577 Highway 10 0 nays Motion Carried Mounds View City Council June 8, 1987 Regular Meeting Page Seven M ayor Linke closed the regular meeting and opened the next public hearing at 7:51 PM. There was no one present to represent the owner, and there were no comments from anyone present in the audience. Mayor Linke closed the public hearing and reopened the regular meeting at 7:51 PM. Motion /Second: Hankner /Quick to approve the renewal of the off -sale intoxicating liquor license for Simon's Liquors, 2840 Highway 10. 5 ayes 0 nays Motion Carried Mayor Linke closed the regular meeting and opened the next public hearing at 7:52 PM. There was no one present to represent the owner, and there were no comments from anyone present in the audience. Mayor Linke closed the public hearing and reopened the regular meeting at 7:52 PM. Motion /Second: Hankner /Quick to approve the renewal of the off -sale intoxicating liquor license for the Bel -Rae Ballroom, 5394 Edgewood Drive. 5 ayes 0 nays Motion Carried The Council directed Staff to check into the operation of Loose Ends on 10, specifically on the food service, and have the information available for the June 22 meeting. Mayor Linke asked that Item F be removed from the 14. Approval of consent agenda. Consent Agenda Clerk /Administrator Pauley read the list of items for approval on the consent agenda. Motion /Second: Blanchard /Wuori to approve the consent agenda, as presented, minus Item F, and waive the reading of the resolutions. 5 ayes 12. Public Hearing: Simon's Liquor, 2840 Highway 10 13. Public Hearing: Bel -Rae Ball- room, 5394 Edgewood Drive 0 nays Motion Carried Mounds View City Council Regular Meeting Page Eight ayor Linke stated that as Sharie Linke is his wife, "he would be abstaining from the vote on Item F. Motion /Second: Quick /Wuori to approve Item F on the consent agenda, and waive the reading. 4 ayes Motion /Second: Hankner /Quick to approve the hiring of Mr. Steven Dazenski at the hourly rate for a Maintenance I classification per Master Labor Agreement, starting June 23, 1987. 5 ayes 0 nays 0 nays 1 abstain Motion: Linke to remove this item from the table. The motion failed for lack of a second. Mayor Linke stated that according to Roberts Rules, this item is up for discussion as it had been tabled to a time certain, which is this evening. Councilmember Hankner stated she still has some major questions to be answered, and she feels they need to make their choice very carefully. She added that after reviewing the data from the Park and Rec department, she still is not certain that Random Park or City Hall Park would be the place to put the building. Mayor Linke pointed out the item was tabled to this time to allow the Council enough time to research this item. Councilmember Hankner stated she does not feel she has sufficient information to make a decision at this time. Councilmember Quick stated he has a question on the specific location at Random Park, and he feels that possibly a different location there, closer to Long Lake Road, would be more suitable. He stated that he also feels he needs more time to make a decision. Mayor Linke pointed out there are more locations to consider than just Random Park. June 8, 1987 Motion Carried 15. Consideration of Staff Memo Regarding Hiring of Public Works Employee Motion Carried 16. Remove from Table and Continued Dis- cussion on Portable Classroom Building Site Mounds View City Council June 8, 1987 Regular Meeting Page Nine otion /Second: Quick /Linke to have Staff study placing the building closer to Long Lake Road at Random Park and report back for discussion in two weeks, and also have the Police Chief address parking along Long Lake Road and get input from Ramsey County also, and also provide more information on the placement by Well #3 and underground pipes which are available. 5 ayes Motion /Second: Quick /Wuori to table this item until July 13, 1987. 5 ayes 5 ayes 0 nays 0 nays Motion Carried 0 nays Motion Carried Attorney Meyers reported they would be opposing 17. Report of Williams Pipeline Company in federal court on Thursday, Attorney June 11, at 2 PM, on their motion to take the pipeline sections out of Minnesota for further testing. Motion /Second: Quick /Hankner to secure funds not to 18. Reports of exceed $500 from the City Council account for the Councilmembers: annual picnic with Staff, and direct Staff to set Councilmember up a committee, with Councilmember Quick representing Quick the Council, to determine the time and place of the picnic. Councilmember Blanchard asked if the County has been contacted about adding water to Spring Lake. Clerk /Administrator Pauley replied they have been contacted and should start within the next week or so. Councilmember Wuori had no report. Councilmember Hankner had no report. Motion Carried Councilmember Blanchard Councilmember Wuori Councilmember Hankner Mayor Linke had no report. Mayor Linke Clerk /Administrator Pauley reviewed the request of 19. Report of Tim Edwards, owner of Wonder Video, for the use of Clerk/ a set of trailers for temporary business space Administrator during the construction of Silver View Mall. Clerk/ Administrator Pauley explained teat the lease of Wonder Video was terminated by Mounds View Square and they must be out by June 30. He added he has reviewed the zoning ordinance and does not find any conflict. Mounds View City Council June 8, 1987 Regular Meeting Page Ten Councilmember Quick asked where the electrical would come in. Clerk /Administrator Pauley stated it would come from a transformer located by Burger King, and the sewer and water stubs are in already. He added Staff would recommend the first choice for location due to the electrical, sewer and water needs and their availa- bility. He added he will be discussing this request with Attorney Meyers but he feels a development agreement would cover the City's interest. Attorney Meyers explained that Section 43.03 covers the use of mobile homes for a temporary office, for a 90 day period. He stated they could require the posting of a bond, and he does need more time to research the matter. Councilmember Blanchard stated she could sympathize with Mr. Edwards but she has a problem with letting someone come in and do this, as they could possibly end up with a whole row of trailers. She recommended not taking any action tonight. Councilmember Hankner stated she would like to see if there is any way to work this out, as Wonder Video has been a good business customer in the City, and she would like to be able to help them out if at all possible. Motion /Second: Quick /Hankner to direct Staff to draw up the necessary paperwork and look into the legal aspects of this request, for lot 1, block 10, south- west corner. 4 ayes 1 nay Motion Carried Councilmember Blanchard voted against the motion. Mayor Linke explained that he works for Kraus /Anderson Realty Company, and the only association between that company and Kraus /Anderson Development Company is that the owner of the development company is also chairman of the board of the realty company. He stated he does not feel there is any conflict there, as they are two separate entities. Clerk /Administrator Pauley reported that Willard Haro had paid the fees for sewer and water services to build at 7545 Pleasantview Drive, on May 12, but they have since discovered the services will have to come from Fridley, and he requested approval to issue a refund from the City for the $846 Mr. Haro paid. Mounds View City Council Regular Meeting Motion/Second: Linke /Blanchard to approve the refunding of the $846 to Mr. Haro. 5 ayes 0 nays Mayor Linke adjourned the meeting at 8:27 PM. 20. Adjournment June 8, 1987 Page Eleven Motion Carried