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HomeMy WebLinkAboutMinutes - 1987/08/24CITY COUNCIL MEETING CITY OF MOUNDS VIEW AUGUST 24, 1987 7:00 P.M. A G E N D A 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Blanchard, Wuori, Quick, Hankner, Linke 4. Approval of Minutes: August 10, 1987 Regular Meeting (Received in 8 -17 -87 Packet) 5. Public Hearings 7:05 P.M.- Consideration of Adequacy of Mounds View Business Park Environmental Impact Statement 7:10 P.M.- 1987 Long Term Financial Plan 7:15 P.M.- Request for Conditional Use Permit for Oversized Accessory Building, Willard and Marvis Haro, 7545 Pleasant View Drive 7:20 P.M.- Preliminary Plat for Greenfield Estates, Harstad Company 7:25 P.M.- Intoxicating Liquor License Application of Richard Povlitzki for POV's (formerly Muldoon's, Inc.) 2400 Co. Rd. H -2 6. Residents Requests and Comments From The Floor CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 7. Approval of Consent Agenda ITEM A. Approve Bid Documents and Specifications for Dump Truck with Options and Authorize Bid Opening for 10 :00 a.m., September 11, 1987 AGENDA PAGE TWO AUGUST 24, 1987 ITEM B. Accept Resignation of City Planner Becky Balk Effective August 19, 1987 ITEM C. Adopt Resolution No. 2227 Approving Just and Correct Claims Against City Funds ITEM D. Licenses for Approval Boxing Expires 8/25/87 Kobra Enterprises New General Expires 6/30/88 Brunn Construction Renewal Klatke Construction New Reliable Builders, Inc. New Richter Construction New S S Construction Renewal J. B. Swedenborg Construction, Inc. New Durabilt Associates, Inc. New Regal Construction New Grant Home Remodelers New Heating and Air Conditioning Expires 6/30/88 All Season Comfort Renewal Realistic Heating and Cooling, Inc. New Rouse Mechanical, Inc. Renewal BSM Heating Air Conditioning Renewal Masonry Expires 6/3/88 J. H. and Company Construction New Swimming Pool Expires 6/30/88 ABC Pools New Minnesota Package Products dba Pacific Pool and Patio Renewal Agendas and Minutes Expires 8/31/87 Paster Enterprises Renewal 8. First Reading of Ordinance No. 428 Approving 1987 Long Term Financial Plan 9. Consideration of Resolution No. 2225 Approving a Conditional Use Permit for Willard and Marvis Haro, 7545 Pleasant View Drive, Mounds View Planning Case No. 218 -87 10. Consideration of Resolution No. 2226 Approving Preliminary Plat for Greenfield Estates, Mounds View Planning Case No. 213 -87 AGENDA PAGE THREE AUGUST 24, 1987 11. First Reading of Ordinance No. 424 Vacating the Excess Right -Of -Way Abutting Lots 5 and 6 in Block 1, Greenfield Estates Prelimnary Plat 12. First Reading of Ordinance No. 425 Amending Greenfield Estates Wetland Boundaries 13. Consideration of Resolution No. 2228 Approving Used Auto Sales License to Kevin Mullins, dba Mid American Auto 14. Consideration of Ordinance No. 427 Repealing Chapter 20, Public Improvement Revolving Fund 15. Report of Attorney 16. Report of Councilmembers: Blanchard, Wuori, Quick, Hankner, Linke 17. Report of Administrator 18. Adjournment CONSENT AGENDA AUGUST 24, 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 Bid Documents and Specifications for Dump Truck with Options and Authorize Bid Opening for 10:00 a.m., September 11, 1987 ITEM B. Accept Resignation of City Planner Becky Balk Effective August 19, 1987 ITEM C. Adopt Resolution No. 2227 Approving Just and Correct Claims Against City Funds ITEM D. Licenses for Approval Boxing Expires 8/25/87 Kobra Enterprises New General Expires 6/30/88 Brunn Construction Renewal Klatke Construction New Reliable Builders, Inc. New Richter Construction New S S Construction Renewal J. B. Swedenborg Construction, Inc. New Durabilt Associates, Inc. New Regal Construction New Grant Home Remodelers New Heating and Air Conditioning Expires 6/30/88 All Season Comfort Renewal Realistic Heating and Cooling, Inc. New Rouse Mechanical, Inc. Renewal BSM Heating Air Conditioning Renewal Masonry Expires 6/3/88 J. H. and Company Construction New Swimming Pool Expires 6/30/88 ABC Pools New Minnesota Package Products dba Pacific Pool and Patio Renewal Agendas and Minute* Expires 8/31/87 Paster Enterprises Renewal The Mounds View City Council was called to order by 1. Call to Order Mayor Linke at 7:02 PM on Monday, August 24, 1987. The Pledge of Allegiance was said. PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA MEMBERS PRESENT: Councilmembers Blanchard, Wuori, Quick, Hankner and Mayor Linke. ALSO PRESENT: City Attorney Meyers and Clerk/ Administrator Pauley. Motion /Second: Hankner /Quick to approve the August 10, 1987 minutes as presented. 5 ayes 0 nays Alice Frits, 8072 Long Lake Road, asked for an update on the airport construction, pipeline and cars for sale being parked on Long Lake Road. Mayor Linke replied the pipeline is being lowered in front of Irondale High School, as construction is beginning on Long Lake Road, and he believes they will be putting in a new pipeline. Clerk /Administrator Pauley reported on the progress of the extension of the north /south runway and removal of the exiting runway. He stated the paved surface is to be done yet this year. He added that activity on the south end of the airport is due to construction of Highway 610. Mrs. Frits complained about an individual who was park- ing cars with for sale signs along the boulevard on Long Lake Road, about 3 houses to the south of her. She stated she understands he has been ticketed by the Police, but he continues to park vehicles there. Mayor Linke replied he would check with the Police Department and get back to her. DATE APPROVED: 9/08/87 Regular Meeting August 24, 1987 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes: August 10, 1987 Motion Carried 5. Residents Requests and Comments from the Floor Mounds View City Council August 24, 1987 Regular Meeting Page Two AftMayor Linke closed the regular meeting and opened the 6. Public Hearing: WiFfirst public hearing at 7:06 PM. Consideration of Adequacy Mr. Phil Carlson, representing the developer, reviewed of Mounds View the procedure they have followed to date. He stated Business Park the final EIS has been prepared and it is now up to EIS the Council to determine if it is adequate. He added he feels everything is adequate with the exception of one item which is still being addressed by the Met Council regarding storm water runoff into the system. He stated he hopes they could have a final decision from the Council at the next meeting, as the final input from the Met Council should be received by then. Vicki Varkuss, 7749 Woodlawn, asked what would be better about this office park than ones in Roseville, Fridley and other cities. Mr. Carlson stated they have estimated 1,800 jobs will be involved with the companies who locate there, not just construction related jobs, and the development will provide a tax base and greater employment within the City. He added Everest Development is committed to a quality project, and they have faith in it's success. 411 Clerk/Administrator Pauley stated the Met Council has sent a letter regarding their concern over the loading into the system, and Staff would recommend this item be tabled until September 8, 1987 to provide adequate time to resolve any questions. Bill Frank, the developer, stated he had spoken with the Met Council and they are waiting for information from the PCA, and once that information is received, they can have their recommendation out within two days. Motion /Second: Hankner /Wuori to set a special meeting of the Council for 7 PM on Tuesday, September 8, 1987. 5 ayes 0 nays Mayor Linke closed the public hearing and reopened the regular meeting at 7:16 PM. Mayor Linke closed the regular meeting and opened the second public hearing at 7:16 PM. Finance Director Brager reviewed the proposed 1987 long term financial plan. He explained it had been prepared in compliance with Section 7.05 of the Home Rule Charter for the City, and is designed to provide a five year plan to meet the service level and capital improvement needs of the City. Motion Carried 7. Public Hearing: 1987 Long Term inancial Plan Mounds View City Council August 24, 1987 Regular Meeting 411 Finance Director Brager stated the plan is available at City Hall for inspection, and has been published in the New Brighton Bulletin. There were no questions from anyone present. Mayor Linke closed the public hearing and reopened the regular meeting at 7:19 PM. Mayor Linke closed the regular meeting and opened the next public hearing at 7:19 PM. Clerk /Administrator Pauley reviewed the request of Willard. and Marvis Haro for a conditional use permit for an oversized accessory building at their home at 7545 Pleasant View Drive. He stated the Planning Commission has recommended approval, with restrictions, and he reviewed those restrictions. There were no questions from anyone present. Mayor Linke closed the public hearing and reopened the regular meeting at 7:21 PM. Mayor Linke closed the regular meeting and opened the next public hearing at 7:21 PM. Clerk /Administrator Pauley reported that Harstad Company has proposed a preliminary plat for Green- field Estates, but when Staff reviewed the public hearing notices that had been sent out, they discovered an error had been made and approximately 20 homes were not provided with adequate notice, so he recommended rescheduling the public hearing and conducting an informational meeting at this time. Mayor Linke closed the public hearing at 7:22 PM and reopened the regular meeting, stating that it would be an informational meeting on this item. Jim Senden, of Senden and Associates, representing the Harstad Company, presented copies of the pre- liminary plat, and introduced Steve Thatcher, of Merrill and Associates, and Roger Blomquist, of Braun Engineering, who would be making the presentation with him. Mr. Senden explained Mr. Harstad had purchased the property in 1969 with the intention of developing it into a single family home neighborhood, and he has paid taxes and the sewer and water assessment on the property, and while plans had been presented before, they were caught up in the wetland ordinance, and building moritorium and were not allowed to build. Page Three 8. Public Hearing: Conditional Use Permit for Willard and Marvis Haro, 7545 Pleasant View Drive 9. Public Hearing:, Preliminary Plat for Greenfield Estates, Harstad Company Mounds View City Council August 24, 1987 Regular Meeting Page Four AllMr. Senden reviewed the plan for 18 single family MPFhome lots, explaining the City has required that approximately 8 acres of wetlands be deeded to the City. He stated they are proposing to alter a small portion of the wetlands, and in exchange would be constructing three small ponds within the wetland area, which would attract wildlife. He reviewed the proposed ponding and water drainage as it currently is, and explained they are proposing to restore the wetland area to it's previous state by digging 2 feet deeper than the area is presently, which will increase the storage capacity for run -off. Dr. Blomquist explained the methods of classifying wetlands, and he stated their staff had gone out and physically studied and determined the amount of wetland in the area to be 7.9 acres. Mr. Thatcher reviewed the contours of the land and the soil conditions in the area. He stated the project has been approved by the Ramsey County Watershed District, Minnesota DNR, and the U.S. Army Corp of Engineering, with some stipulations by the Corp of Engineering. He also reviewed the storm water analysis of the site. 4110 Kathy Ayaz, 7751 Bona Road, stated her property abutts the proposed development, and they have a neighborhood group which is present to voice their concern about the development, and to ask for a delay in any approval by the Council. Sabri Ayaz, 7751 Bona Road, stated he is a professional civil engineer and asked if there was a disclaimer at the end of Dr. Blomquist's report. Dr. Blomquist replied there was no disclaimer. Mr. Ayaz stated he had asked for information many times regarding this development and had not been given it. He asked if the lateral and vertical movement of the water been considered both during and after construction. He stated he feels the people involved in proposing this project are not experts who are qualified to make judgements on these issues, as this is a highly specialized field. Mr. Senden replied there has been an extensive amount of analysis by very qualified engineers. and Braun Engineering was hired to do specific areas of the project. He added that Merrill and Associates is also a very qualified firm. Mounds View City Council August 24, 1987 Regular Meeting Page Five Mayor Linke asked Mr. Ayaz if he knew of any qualified $p professionals who could look at this project for them. 'Mr. Ayaz replied that he did and would provide the names to the Council. Councilmember Hankner suggested checking out the qualifications of the consultants and perhaps looking into the consultants Mr. Ayaz knows. Kay Weseman, 7807 Bona Road, stated she has major concerns with the development and made a lengthy statement against development of the property. She questioned whether the developer had met the require- ments for altering a wetland, and stated she does not feel an examination of the land was done at the right time, and she also stated the City should look into the question of eminent domain. She also questioned whether the study done was of a hundred year storm. Mr. Thatcher replied it was and he reviewed the data compiled. Dr. Blomquist reviewed how the observations were made and the fact that they were done in July and August of 1986, for 5 days total. Jim Sandidge, 7817 Bona Road, stated he would like the consultants to provide a financial guarantee, and asked the Council to consider an irrevocable letter of credit. He stated he presently has a water problem any time there is a heavy rain, and he felt this development would add to his problems. Mayor Linke stated the development agreement would cover the concerns expressed. Mr. Sandidge asked if unusual weather conditions been taken into consideration in the studies that have been done this past year. Mr. Senden explained the data has been compiled over the past two years, with Braun Engineering doing the testing last year and the Corp of Engineers doing the testing this year. Doug Weseman, 7807 Bona Road, stated he would like the environmental concerns expressed documented by the developer. Mr. Senden replied that many of the items that have been brought up are addressed in the City's ordinances. Mr. Weseman read a portion of a statement from the DNR regarding encroachment of the wetlands and possible consequences. Mounds View City Council August 24, 1987 Regular Meeting Page Six AihMr. Senden restated that they have proposed moving the imiNetland somewhat but will not decrease the area at all. Mr. Thatcher read the letter from the DNR which Mr. Weseman had referred to. Mr. Senden also read portions of a letter from the Army Corps of Engineers. There was a lengthy discussion of the definition of contours and how it affects this particular area, and Mayor Linke clarified that the flood plain is by elevation, whereas the wetland is by vegetation. Mr. Weseman read a petition signed by residents of the area opposed to the development of this area, and presented it to the Council. Mr. Senden stated he felt a good deal of misinformation was read in the opening statement of the petition presented by Mr. Weseman. Andrzej Kulisz, 2367 Pinewood Circle, asked how the pond proposed for the southeast section would affect his property and the water table. Mr. Senden reviewed the location of the pond and the effect it would have on the surrounding areas. Mr. Kulisz stated his tree: lack of water, as the watel and he stated that while h_ development, he would like his money into. are presently dying from table has gotten so low, is not against this to protect what he has put Clerk /Administrator Pauley stated that with Mr. Kulisz's permission, he would like the City Forester to take a look ac the trees, as the City is having a problem with oak wilt. Lindsay Little, 5539 St. Michael, stated he has had a problem with water on his lot for many years, and he has one of the highest houses on his street, and he is concerned because of the problems he has already had, and he asked whether this development would pull water away from him or cause more problems. Mr. Senden replied the water ought to flow from Mr. Little's property down to the pond. Mr. Thatcher added that the pond would regulate the water table in the area. Leo Onstad, 7730 Bona Road, stated that last year he had water problems from April 25 through July, and he has had problems again this year. He stated he feels they ''need a study done of the area and it's problems, as the elevations do not naturally effect the water levels. "p Charles Mechtel, 5533 St. Michael Street, asked why a pond is proposed for the southeast corner, which is a high area now, rather than in the middle. Mr. Senden replied that between perculation and evapo- ration, as well as water moving through the area, there will be enough movement to keep the ponds clean and serve their purpose for the development. He added that with a long dry spell, the ponds would be expected to dry up Mounds View City Council August 24, 1987 Regular Meeting Page Seven Mr. Senden replied they must trade upland for wetland area, so have placed the ponds accordingly. Mr. Mechtel stated he does not want a pond in his back yard. Mr. Senden pointed out that water problems presently being experienced cannot be coming from the proposed area, as it is nearly 12 feet lower in elevation than that of the property owners who have stated they have problems now. Jeff Williams, 2375 Pinewood Circle, stated he has a drainage pond is his back yard already and questioned how this development would affect his property. Mr. Thatcher reviewed the projections again. Mike Winkel, 7701 Bona Road, asked how three holding ponds all showing a depth of 2 feet each would help with the water problems in the area. Mayor Linke explained that City ordinance stated that no more water can leave a development than currently does, or at a faster rate. Reed Krogh, 7827 Bona Road, stated he was concerned that when Edgewood Road was put through, it would serve as a dike and stop the ground water from moving. Dan Boxrud, of Short Elliott Hendrickson, explained that water can go through sand 100 times faster than it can through peat, and he felt the proposal was more than adequate in that respect, and that it would be equal or better than existing conditions. Mr. Ayaz stated that that Dr. Blomquist's signature does not appear at the bottom of the study he has presented, and he questioned what Mr. Senden's qualifications were. Mr. Senden reviewed his background, and he also stated that he resents the professional slurs that have been made against both himself and the individuals working with him. Mounds View City Council August 24, 1987 Regular Meeting Page Eight 4 11Councilmember Hankner once again asked the residents to provide the Council with a list of people they would like to see the City use to check the statistics out, as well as their concerns. Mr. Boxrud stated that in the interest of speed, he feels the developer would be best to hire Braun Engineering to do the required testing. Councilmember Hankner asked the neighborhood residents to look at the request in a professional, objective manner, and stated it had become an emotional issue. Mrs. Weseman stated she was concerned with the safety issue of the ponds, as far as keeping children out of them. Mr. Senden explained the slopes will be gentle, and they would also replant and reseed the areas around the ponds. Mrs. Weseman asked who would be responsible for main- taining the ponds. Mayor Linke replied that it took approximately 30 years for the ditch in the area to require cleaning, and the City would be responsible for their maintenance, and would use funds from the SWM account, which is funded by developers. Mrs. Weseman stated she had been told by the City Engineer, either Steve Rose or Steve Thatcher, that funds were not available for that and it would have to be charged back to the residents. She added that she was asked by the same individual whether she would be willing to write a letter to the City stating that she would be willing to pay for it. Mayor Linke clarified that Steve Rose was not the City Engineer, and that Steve Thatcher had been the Engineer at the time in question, and that that was misinformation, as the City does not ask residents to pay for that them- selves. Ali Sabur, 7837 Bona Road, stated he was also concerned with the safety of the ponds, and also asked which map was correct, the aerial map or the map that was being presented at this time. Mr. Senden explained why the differences in the maps occurred. Mayor Linke stated the maps being used by Mr. Senden are correct and have been verified by both the County and the Corps of Engineers. Mounds View City Council August 24, 1987 Regular Meeting Page Nine Rodney Melbow, 5601 St. Michael Street, asked what would be done with the oak trees in the area that is planned to become the pond for the southeast section. Mr. Senden replied that area is a mixture of many trees, and they would be removed. Phyllis Melbow, 5601 St. Michael Street, asked if there would be an odor created by the ponds, or additional mosquitos. Mr. Senden replied the area is being seeded right now with briquettes for mosquito control. He added that any stagnant water can create an odor, but they do not anticipate that problem, as the ponds should be flushed out naturally. Councilmember Blanchard stated that in order to expedite the proceedings, she would like to have the developer, City Staff, Mr. Boxrud and the residents get together and work the questions out more thoroughly, once the developer has had an opportunity to get the requested information together. Mayor Linke asked that the residents submit any other questions in writing to Staff that they would like the developer to cover. Don Peterson, 2341 Oakwood Drive, asked what a baffled wehr is. Mr. Thatcher explained what it is and it's purpose. Duane McCarty, 8060 Long Lake Road, asked how was the volume, elevation and rate and direction of flow of the ground water determined for the area, and whether it would have a minimal displacement effect. He also asked where the ground water monitoring wells were placed, and stated he would like to see the developer use the checklist that was put together many years ago for developments of this typ Mr. Senden replied he had been told by the City that the checklist was not required, and other developers have not been required to use it in the past. He added that he would be willing to use it, but he believes everything is covered by ordinance that is contained in the checklist. Mr. Thatcher stated the ground water is not required to be determined, but the direction of flow is, and they installed 27 monitoring wells for that purpose. Mounds View City Council August 24, 1987 Regular Meeting Page Ten Mr. Senden explained how the readings were taken and the projections made Motion /Second: Quick /Hank:ler to set a public hearing for the preliminary plat for Greenfield Estates for 7:05 PM on September 14, 1987. 5 ayes 0 nays Motion Carried Mayor Linke closed the regular meeting and opened the 10. Public Hearing: next public hearing at 10:13 PM. Intoxicating Liquor License Clerk /Administrator Pauley reported Mr. Povlitzki Application of has provided both an exterior plan and interior Richard floor plan. He stated that electrical, plumbing, Povlitzki, for building, fire and health inspections have been done, POV's, 2400 and while all the reports are back, they must County Rd H2 make sure Mr. Povlitzki is aware of what work is necessary to bring the building up to code. He added that Mr. Povlitzki has provided the certificate of insurance and the bond that is required by the State Insurance Commissioner, and the Police Depart- ment has provided a report, as is required by Code. Mr. Povlitzki stated he had met with the various 'inspectors earlier in the day and is aware of the work that has to be done. Councilmember Hankner reviewed some of the information listed in the Police report. Mr. Povlitzki stated that Bob Waste will be coming into the business with him as a partner, and he will be coming in soon to make the application. Mr. Povlitzki reviewed the plans he presented to the Council, showing where he plans 4 to 6 foot high berming and where the parking will be. Mayor Linke asked whether the berming or plantings could be continued along County Road H2 to control the cars that try to drive out across there. Councilmember Wuori stated she was concerned with the street opening onto County Road H2, since it is so close to Greenfield Avenue and could present problems, and she asked whether it could be more centrally located along County Road H2. Mr. Povlitzki replied the road is quite a bit higher than the parking lot, and the cars would have to come out very fast to be able to make it. He also pointed out that it would be expensive to move the opening, and Donatelle's is allowed to have their entire parking lot open onto County Road H2. Mounds View City Council August 24, 1987 Regular Meeting Page Eleven Councilmember Hankner asked how much seating is planned for the dining area, as well as in the bar. Mr. Povlitzki replied there would be 25 to 30 tables for 4 in the dining room, and he is not sure how much seating is available in the bar compared to the dining room. He added the original fire capacity was listed as 887 people, and he plans for the new design to provide for 250 to 300 people. Councilmember Hankner stated she was hesitant to take any action yet, until all the reports are in. Mr. Povlitzki stated he would appreciate no longer delay than necessary. He added he will be meeting the require- ments given him by all the inspectors. Clerk /Administrator Pauley stated the Council could issue a license contingent upon having a certificate of occupancy issued. Mr. Povlitzki stated they would be having a full menu for the dining room, to include steak, chicken, shrimp and ribs. Mayor Linke explained a full menu is required before the City will issue a liquor license. Bill Buckingham, 5220 Greenfield, criticized the Council for how they have handled this matter. He stated he did not get a notice of the public hearing until two days ago, and it was scheduled on the agenda for 7:25 PM and did not start until 10:16 PM. He also stated there should be adequate seating and speakers in the hallway so everyone can hear. Mayor Linke explained the public hearings are scheduled for a specific time to start but the Council will not cut people off, and they cannot predict how long each hearing will last. He added that the Council chamber has adequate seating for most discussions, and they have looked into purchasing speakers, but it would be very expensive. Councilmember Hankner added the tinning of the hearings is very difficult, as it is hard to judge how many people will be coming on an issue. Mr. Buckingham asked what Mr. Povlitzki's prior businesses in Mounds View were, and whether there were any Police calls on those businesses. Mr. Povlitzki stated he has been involved in Loose Ends and the Anchor Inn, and that the Police were called at various times. Mounds View City Council August 24, 1987 Page Twelve Regular Meeting Mayor Linke read portions of the Police report regarding the types of calls they have had over the past three years on Mr. Povlitzki's businesses. Clerk /Administrator Pauley explained it is the policy of the Police Department that they want calls from the liquor establishments, before a situation has a chance to become a real problem. Mr. Buckingham asked if it was possible to have trees planted along Greenfield Avenue. Mr. Povlitzki replied that area would be used for parking, if necessary, so he would not be planting trees there. Ron Donsetts, 2449 Clearview, asked if there would be any change in noise levels, as he has been able to hear the music in his bedroom for the last two operations that were in there. Mr. Povlitzki replied he will not be running that type of entertainment, and will not be having hard rock. He added he will maintain the property as necessary, as far as mowing, picking up litter, and so forth. Bill Zwieg, 5309 Greenfield, stated he is concerned with people walking out across the berm and into the residents yards, and he would like to see a fence. Mayor Linke replied a berm is more esthetically pleasing, and Mr. Povlitzki has stated he would like to have a berm with plantings. Mr. Donsetts stated he has walked past the property many times and found people out in back drinking and using drugs, and sweating and so forth, and he would like to see a fence, as well as improved lighting. Robert Weinert, 2426 Clearview, stated he has lived in his home for 10 years and has had many problems with the establishments in that building. He stated he does not fes1 the City has enough information to grant a liquor license now, and he would like the Council to investigate this further. He added the applicant should be required to meet all the code requirements and inspections. Councilmember Hankner stated the City will also have to check into the background of the partner Mr. Povlitzki is proposing. She asked Attorney Meyers if any conditions could be put on the liquor license, such as hours of operation of the restaurant, and so forth. Mounds View City Council August 24, 1987 Regular Meeting Page Thirteen 4Ik Attorney Meyers replied all conditions would have to be in the ordinance and be uniform with all similar businesses in the City. He added he has informed Mr. Povlitzki and his attorney that the City would like to return as close as possible to the restaurant operation that was originally run in that location, with liquor being incidental. Mr. Zwieg asked whether the previous owner was suing the City. Attorney Meyers replied he has heard they are consider- ing a lawsuit, as the City took away their liquor license. Mr. Zwieg asked why the taxpayers should have to pay legal fees to get the operations closed down. Attorney Meyers replied the property owners have rights also, and the zoning is proper for what Mr. Povlitzki has requested. Mr. Povlitzki also pointed out that times change and with it the types of businesses. =Attorney Meyers pointed out that Mr. Povlitzki is aware that he will be watched closely by the City and will have to conform. Tim White, 5249 Greenfield, stated the City had the same problem for several years with the past owner and stated the Council should be on top of the situation from the very beginning and make sure the problems do not repeat. Mayor Linke answered that while the City cannot provide assurances there won't be problems, they can keep a close eye on the operation. Councilmember Hankner reviewed the history of problems with the previous owner, and why the Council did not reissue the liquor license to him. Mr. White asked the Council to rezone the property to get a better type of business there. Mr. Povlitzki stated he was more than willing to sell the property to the residents, and they could open what- ever business they would like, or knock down the building if they wanted to. He said he'd gladly sell if he could just break even on what he owes at this point. He added that he must have the business open to generate an income. Mounds View City Council August 24, 1987 Regular Meeting Page Fourteen Jerry Blanchard, 8005 Groveland Road, stated he would encourage the residents of the area to go to Povlitzki's in Spring Lake Park, and observe what a good operation that is. Mayor Linke asked what the City's liability would be if they downzone the property. Attorney Meyers replied there could be some liability, and they would have to prove damages and show a taking of valuable property. He added this will be Mr. Povlitzxi's operation and he will have to provide assurances, and he knows the City will be looking at the operation again in a year, at the time of relicensing. Mark Raffe, 5255 Greenfield, stated County Road H2 and Highway 10 seems to have a large number of incidents involving the Police, as well as a high concentration of liquor establishments, and he is concerned with the public safety in that location. Robert Weinert, 2426 Clearview, stated he would like to see the seating in the restaurant and bar sections be of equal number. Mr. Donsetts stated he feels there is no safe way to commute around this establishment, as people in back often throw things at people walking by at night. Glen Anderson, 5250 Greenfield, asked if the City has to issue a license, and stated he does not want a liquor license issued there. Mayor Linke replied they do not have to issue a license but they would have to have very good reasons for not doing so. Stu Rothberger, 5200 Greenfield, stated when the zoning is correct, the property owners have rights, and he also pointed out that most of the people in the neighborhood purchased their property knowing that the vacant land would most likely be developed into something other than residential. Larry Wasick, 5280 Edgewood, stated he had signed a petition when the Anchor Inn originally went in, and he would like to see what the original intent of the petition was. He stated the Council has a duty and right to see that the original intent is fulfilled. He also pointed out that if Mr. Povlitzki has already brought in his 150 loads of fill, he must feel confident that the Council is going to grant him a license. Mounds View City Council August 24, 1987 Regular Meeting Page Fifteen 411 Councilmember Hankner stated the residents can petition for anything, but the Council must make their decisions and weigh all factors and do what they feel is right. Mayor Linke stated the Council had set up the process of holding public hearings for liquor license renewals in order to hear any concerns the citizens have. Ron Michna, 5287 Edgewood Drive, stated Mr. Povlitzki had owned the property at one time and sold it to Mr. Conroy, and he now has it back and has brought in Mr. Waste to manage it. He stated he would like the problems nipped in the bud now. He pointed out the City has spent thousands of dollars on ti v pipeline issue because two people lost their lives, and he asked if the City would do the same if two people were killed in a car accident because of a drunk driver from this establishment. Mr. Michna stated Mr. Povlitzki has not tried to do anything different than a liquor operation. He also stated he has a problem with the way the Police Department handles the situation, in that they observe what is going on but will not do anything unless a citizen is willing to sign a complaint. Sharon White, 5241 Greenfield, asked what would be lapplaced along Greenfield to prevent cars from driving over the boulevard, and she asked if a left turn only onto Greenfield could be possible. Mr. Povlitzki stated there are car stops along the boulevard now that stop the cars from driving out. Jeff Moe, 5284 Greenfield, stated he is the manager of the apartment complex and has been for the past five years, and they have had problems with the patrons of the bar parking in the apartment complex lot. Mr. Povlitzki replied the apartment residents also park in his parking lot. Paul Fedor, 2288 Knoll Drive, stated he feels residents are trying to crucify Mr. Povlitzki time, before he has even had a chance to turn in the door. He added he feels the residents owe Mr. Povlitzki a chance. the ahead of the key and Council David Carlstrom, 5297 Edgewood Drive, stated Mr. Povlitzki had been in there for three years and there had been almost as many problems with his operation as with Muldoon's, and the same problems occurred with Mr. Povlitzki then. He added he would be willing to sign complaints, and he pointed out in the past some neighbors have been afraid of signing complaints because of fear of reprisals. He stated he is against issuance of the liquor license. AllMr. Zwieg stated that it was his understanding when IRFMr. Povlitzki purchased the building from the Anchor Inn that it would continue to be a restaurant. Mounds View City Council August 24, 1987 Regular Meeting Page Sixteen Mr. Povlitzki replied that he had agreed to serve hamburgers and sandwiches, and have entertainment. Bob Waste stated he had heard many complaints voiced during the public hearing and they need to give he and Mr. Povlitzki an opportunity to prove themselves. He stated there are laws to be followed, and they will do so. Mayor Linke closed the public hearing and reopened the regular meeting at 11:38 PM. Motion /Second: Wuori /Blanchard to approve the consent agenda as presented and waive the reading of the resolutions. 5 ayes Motion /Second: Hankner /Quick to have the first reading of Ordinance No. 428, approving the 1987 long term financial plan, and waive the reading. 5 ayes Motion /Second: Quick /Blanchard to approve Resolution 13. Approval of No. 2225, approving a conditional use permit for Resolution Willard and Marvis Haro, 7545 Pleasant View Drive, No. 2225 Mounds View Planning Case No. 218 -87, and waive the reading. 5 ayes Motion /Second: Quick /Hankner to table consideration of Resolution No. 2226 and the first reading of Ordinance No. 424 and Ordinance No. 425 until September 14, 1987. 5 ayes 0 nays 11. Approval of Consent Agenda 0 nays Motion Carried 12. 1st Reading of Ordinance No. 428 0 nays Motion Carried 0 nays Motion Carried Clerk /Administrator Pauley reviewed the request of Kevin Mullins for a used auto sales license. 14. Consideration of Resolution No. 2226, Ordinance Nos. 424 and 425 Motion Carried 15. Consideration of Resolution No. 2228 111Motion/Second: Hankner Wuori to approve Resolution No. 2228, approving a used auto sales license to Kevin Mullins, dba Mid American Auto, and waive the reading. Mounds View City Council Regular Meeting 5 ayes 0 nays Finance Director Brager reported proposed Ordinance No. 427 had been prepared pursuant to Council direction, and reviewed the purpose of the ordinance. He added it would require a 4/5 vote to pass. Motion /Second: Blanchard /Hankner to approve the first reading of Ordinance No. 427, repealing Chapter 20, Public Improvement Revolving Fund, and waive the reading. 5 ayes 0 nays Attorney Meyers had no report. Councilmember Blanchard had no report. Councilmember Wuori had no report. Councilmember Quick had no report. Councilmember Hankner had no report. Mayor Linke reported the Park and Rec department had hosted the State womens slow pitch softball tournament the past weekend and it had gone very well, thanks to the Park and Rec department and Public Works department. It was the concensus of the Council to continue discussion Mr. Povlitzki's request for a liquor license at the September 8 agenda session. Clerk /Administrator Pauley reviewed the bids received recently for the Public Works garage addition. Mayor Linke pointed out that all the savings would be based on the Public Works crew doing the specified work and he asked if Staff has the time to do that amount of work. August 24, 1987 Page Seventeen Motion Carried 16. Consideration of Ordinance No. 427 Motion Carried 17. Report of Attorney 18. Reports of Councilmembers: Councilmember Blanchard Councilmember Wuori Councilmember Quick Councilmember Hankner Mayor Linke 19. Report of Clerk/ Administrator Mounds View City Council August 24, 1987 Regular Meeting Page Eighteen S Public Works Foreman Rose replied they would be able to get it done, and the general contractor would not be held up with anything he was doing because of the work Staff would be doing. Mayor Linke asked if vinyl tile could be used in place of quarry tile. Mr. Rose replied it is not as maintainable, and that while quarry tile may cost more, in the long run it will hold up much better to the wear and tear that will occur. Councilmember Quick states' he would like to see painted concrete floors, with no carpet or quarry tile, which would eliminate alternates A5 and A7. Motion /Second: Quick /Blanchard to accept the low bid of Cottonwood Construction, and all alternates, with the exception of A5 and A7, and stipulate a painted concrete floor. 5 ayes 0 nays Clerk /Administrator Pauley reported that City Planner Becky Balk had quit after only 21 weeks on the job, and he requested Council authorization to hire the second choice from the original interviews, Kim Herman. Motion /Second: Linke /Quick to hire Kimberly Herman as City Planner at a starting salary of $28,000, with an increase of $1,000 at 3 months, and another $1,000 at 6 months, to begin September 14, 1987. 5 ayes 0 nays Motion Carried Clerk /Administrator Pauley reported the rebid of estimates on the traffic signals for County Road I and Quincy had still come in high, and the County would like authorization to go ahead. He stated the superintendent from the school district wants to look at it, and he will prepare a resolution for the Council's consideration at their September 14 meeting. Clerk /Administrator Pauley reported that James Larson, who lives on Long Lake Road and works for Kraus Anderson, has recently had a great deal of fill put in his yard, which is in a wetland buffer zone, and he has an opportunity for more dirt and would like a quick decision from the Council if he can go ahead. Motion Carried It was the concensus of the Council not to issue a permit at this time, and have Dan Boxrud look at it. Mounds View City Council August 24, 1987 Regular Meeting Page Nineteen Clerk /Administrator Pauley reported work on County Road I would begin on August 26, beginning at 35W and moving west, and the road will be closed to all but local traffic. Clerk /Administrator Pauley reported he will be on vacation the week of August 31, and Don Brager will be acting on his behalf. Mayor Linke adjourned the meeting at 12:12 AM. 20. Adjournment Respectfully submitted, Donald F. Pauley Clerk /Administrator