Loading...
HomeMy WebLinkAboutMinutes - 1987/09/14CITY COUNCIL MEETING CITY OF MOUNDS VIEW SEPTEMBER 14, 1987 7:00 P.M. A G E N D A 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Wuori, Quick, Hankner, Blanchard, Linke 4. Approval of Minutes: August 24, 1987 Regular Meeting (Received in 9 -08 -87 Packet) September 8, 1987 Special Meeting 5. Public Hearings 7:05 P.M.- Preliminary Plat for Greenfield Estates, Harstad Company 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. Authorize Short Elliot- Hendrickson, Inc. to Prepare a Drainage Plan for the Edgewood Drainage District at a Cost Not to Exceed $10,000 to be Funded from the Storm Water Management Fund ITEM B. Adopt Resolution No. 2236 Authorizing Construction of An Addition at 7405 Park View Drive and Directing Staff to Prepare An Amendment to Chapter 48, Wetland Zoning ITEM C. Adopt Resolution No. 2234 Approving Wetland Alteration Permit for James Larson, 8205 Long Lake Road ITEM D. Adopt Resolution No. 2229 Establishing Garage Addition Fund ITEM E. Adopt Resolution No. 2230 Closing the Water Bond Fund and Transferring Its Funds to the General Fund AGENDA PAGE TWO SEPTEMBER 14, 1987 ITEM F. Adopt Resolution No. 2231 Authorizing A Transfer of Funds From the General Fund to the Garage Addition Fund ITEM G. Accept Resignation of Public Works Foreman Steve Rose ITEM H. Accept Resignation of Planning Commission Charlotte Forslund and Approval of Resolution No. 2238 Resolution of Commendation and Appreciation ITEM I. Approve Position Accountability Write -Ups for City Planner dated July, 1987 Public Works Foreman dated August, 1987 Receptionist dated September, 1987 Administrative Secretary dated September, 1987 Public Works/ Engineering /Inspections /Planning Secretary dated August, 1987 Public Works Director /City Engineer dated August, 1987 ITEM J. Adopt Resolution No. 2237 Approving Just and Correct Claims Against City Funds ITEM K. Licenses for Approval. General Expires 6/30/88 G. P. and Son Remodeling New Ronald D. Paradee New Rick's Roofing and Siding New Quality Construction New Heating and Air Conditioning Expires 6 /30/88 Anderson Burner Service, Inc. New Preferred Sheet Metal, Inc. New Roofing Expires 6/30/88 Woods Roofing Co. New Sewer and Water Expires 6/30/88 Marty Bros. Renewal 8. Second Reading and Adoption of Ordinance No. 428 Adopting the 1987 Long -Term Financial Plan 9. Second Reading and Adoption of Ordinance No. 427 Repealing Ordinance No. 97 AGENDA PAGE THREE SEPTEMBER 14, 1987 10. First Reading of Ordinance No. 426 Amending the Municipal Code of Mounds View By Amending Chapter 46 Entitled, "Street Names" 11. Consideration of Resolution No. 2226 Approving Preliminary Plat for Greenfield Estates, Mounds View Planning Case No. 213 -87 12. First Reading of Ordinance No. 425 Amending the Municipal Code of Mounds View By Amending Chapter 48 Entitled, "Wetland Zoning Ordinance" 13. First Reading of Ordinance No. 424 Vacating the Excess Right -Of -Way Abutting Lots 5 and 6 in Block 1, Greenfield Estates Preliminary Plat 14. Consideration of Resolution No. 2235 Approving Issuance of On -Sale Intoxicating Liquor and Restaurant License to Richard Povlitzki 15. Report of Attorney 16. Report of Councilmembers: Wuori, Quick, Hankner, Blanchard, Linke 17. Report of Administrator. 18. Adjournment CONSENT AGENDA SEPTEMBER 14, 1957 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. Authorize Short Elliot Hendrickson, Inc. to Prepare a Drainage Plan for the Edgewood Drainage District at a Cost Not to Exceed $10,000 to be Funded from the Storm Water Management Fund ITEM B. Adopt Resolution No. 2236 Authorizing Construction of An Addition at 7405 Park View Drive and Directing Staff to Prepare An Amendment to Chapter 48, Wetland Zoning ITEM C. Adopt Resolution No. 2234 Approving Wetland Alteration Permit for James Larson, 8205 Long Lake Road ITEM D. Adopt Resolution No. 2229 Establishing Garage Addition Fund ITEM E. Adopt Resolution No. 2230 Closing the Water Bond Fund and Transferring Its Funds to the General Fund ITEM F. Adopt Resolution No. Authorizing A Transfer of Funds From the General Fund to the Garage Addition Fund ITEM G. Accept Resignation of Public Works Foreman Steve Rose ITEM H. Accept Resignation of Planning Commission Charlotte Forslund and Approval of Resolution No. 2238 Resolution of Commendation and Appreciation ITEM 1. Approve Position Accountability Write -Ups for City Planner dated July, 1987 Public Works Foreman dated August, 1987 Receptionist dated September, 1987 Administrative Secretary dated September, 1987 Public Works/ Engineering /Inspections /Plann Secretary dated August, 1987 Public Works Director /City Engineer dated August, 1987 CONSENT AGENDA PAGE TWO 0 SEPTEMBER 14, 1987 ITEM J. Adopt Resolution No. 2237 Approving Just and Correct Claims Against City Funds ITEM K. Licenses for Approval General Expires 6/30/88 G. P. and Son Remodeling New Ronald D. Paradee New Rick's Roofing and Siding New Quality Construction New Heating and Air Conditioning Expires 6/30/88 Anderson Burner Service, Inc. New Preferred Sheet Metal, Inc. New Roofing Expires 6/30/88 Woods Roofing Co. New Sewer and Water Expires 6/30/88 Marty Bros. Renewal The Mounds View City Council was called to order by Mayor Linke at 7:03 PM on Monday, September 14, 1987. The Pledge of Allegiance was said. PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA MEMBERS PRESENT: Councilmembers Wuori, Quick, Hankner, Blanchard and Mayor Linke. ALSO PRESENT: City Attorney Meyers and Clerk/ Administrator Pauley. Motion /Second: Quick /Blanchard to approve the August 24, 1987 minutes as presented. 5 ayes 0 nays Motion /Second: Wuori Hankner to approve the September 8, 1987 minutes as presented. 4 ayes 0 nays 1 abstention Councilmember Blanchard abstained from the vote as she had not been present at that meeting. There were no residents requests or comments from the floor. Mayor Linke closed the regular meeting and opened the public hearing at 7:05 PM. Clerk /Administrator Pauley presented the Council with copies of a letter received at City Hall earlier in the day from the St. Paul Audubon Society, stating their opposition to this development. DATE APPROVED 9/28/87 Regular Meeting September 14, 1987 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Motion Carried Motion Carried 5. Residents Requests and Comments from the Floor 4. Approval of Minutes: August 24, 1987 and September 8, 1987 6. Public Hearing: Preliminary Plat for Greefield Estates Mounds View City Council September 14, 1987 Regular Meeting Page Two Jim Senden, representing the developer, reviewed the proposed plat and the trade -offs to be made between the existing wetlands and uplands, and he emphasized there will still be 7.9 acres of wetland when they are finished. He explained there is a 24" pipe which currently services the development to the west, and the ditch will remain open. He stated this proposal will do nothing to impact the discharge rate of the pipe, and they are proposing a 36" pipe, which has twice the capacity of the existing 24" pipe. He added the development will improve the wetland by excavating the ponds and it will increase the wildlife habitat in the area, as well as increase the storm water retention capacity. He further explained all improvements are being done at 100 percent cost to the developer, as well as a contribution being made to the storm water management fund and the park dedication fund. Steve Thatcher, of Merrill and Associates, reviewed the ground water data compiled since the last meeting. He stated the data was very comparable to what was gathered in 1976. Mr. Senden pointed out they have also included the data that was gathered in 1977 and 1979, for a total of four years altogether. Roger Blomquist, of Braun Engineering, reviewed the letter received from the DNR and stated he agrees with the points made in that letter. He also reviewed the letter just received from the St. Paul Audubon Society and stated that while he agrees with the value of the wetland, he does not agree on the amount of wetland in the area. He stated their proposal will preserve and enhance the wildlife habitat. Mr. Senden pointed out Mr. Harstad has paid taxes on the land and he has a constitutional right to develop his property which is upland. He stated the proposal has been reviewed by City Staff, and approval has been recommended by the Planning Commission, U.S. Army Corps of Engineers, the State DNR, Rice Creek Watershed District and Ramsey County Soil and Water Conservation Service. He added that all the experts have agreed the planned development is appropriate and meets with their approval, and he asked that the Council act fairly and favorably and approve the request. Mayor Linke asked how many lots could be developed without a wetland alteration permit. Mr. Senden replied they would not be allowed to construct the required streets or ponds without the permit, but he showed where they could build, and construct up to 18 homes. Mounds View City Council September 14, 1987 Regular Meeting Page Three Duane McCarty, 8060 Long Lake Road, stated the Audubon Society's definition of a wetland is different from the developer's, and it has not yet been determined which is correct. He also stated he would dispute the claim that Mr. Harstad has paid assessments on the property, as he had gone back through the County records to 1968 and found no record of any payment of assessments on the property. He further stated he did not feel the compari- son of the 1976 and 1986 data was done properly. Dan Boxrud, of Short Elliott,Hendrickson explained the data from 1976 was six months of observation, and City Staff continued to monitor the wells after that, and the water table fluctuated about 2 feet in general. He added the wells the developer installed in the past year are at different locations today. Mr. Senden stated the ground water level is directly affected by the ditch, which was recently cleaned. Mr. McCarty stated the ditch is to serve as a conveyor of ground water and will lower the level, but he is not convinced that can happen. There was considerable discussion regarding the ground water levels and the accuracy of the readings taken and the projections made. Mr. Boxrud clarified that the ditch has a mostly local influence and will not affect property 100 feet or so away. Mr. Blomquist reviewed the system which was used to classify the wetland in the development area. He stated that while he could not say what type of system was used by the Audubon Society this past weekend, he is very confident with the method that had been used earlier on which they based their projections. Sabri Ayaz, 7751 Bona Road, stated he feels the present ground water level is irrelevent. Mr. Thatcher replied the ground water will not be negatively impacted by the development and explained his rational for that statement. Mr. Boxrud clarified that he felt Mr. Ayaz was trying to get an assurance that the development will not have any adverse affects on his property. He stated he feels any changes would be minimal, and the ponds which are being proposed will take the first flush out of a storm, and they should not see any measurable difference after development. Mounds View City Council September 14, 1987 Regular Meeting Page Four %Jim Sandidge, 7817 Bona Road, stated that after last Thursday's meeting, he hoped the Council would deny this petition. He stated they have several people prepared to make statements to the Council opposing this development. Leo Onstad, 7730 Bona Road, read a prepared statement, saying he feels the property is a wetland and a valuable resource for the community, and the City does not have a very good record for maintaining wetlands. He added that while the Harstad Company may be within the letter of the law, they are not within the spirit, and he asked the Council to honor the existing wetland ordinance. Tom McGuigan, the Minnesota representative to the National Audubon Society, reviewed several points made so far, and he explained the mission of the National Audubon Society. He stated he felt many false and misleading statements had been made by the developer, and he reviewed the find- ings of the St. Paul Audubon Society members who visited the area on September 12, and the numerous species they counted. He stated he feels this proposal would destroy the wildlife habitat value of this area, and it would be a violation of City Code. Mr. McGuigan asked the Council to deny the request of the developer for this proposal. Councilmember Hankner asked if the Audubon Society had been active in the reconstruction of wetlands. Mr. McGuigan replied it was possible some chapters may have been, and he stated many agencies have been active in that area. He recommended that an unbiased person come in and define the wetland area, and he recommended Steve Eggers of the U.S. Army Corps of Engineers as a very knowledgeable individual who could accomplish the task. Lindsay Little, 5539 St. Michael Street, read portions of the letter from the DNR regarding the proposed development and the effects which could be experienced. He stated that he had chosen Mounds View as the area he wanted to live in because of the wetland area close to his home, and he state.:: everyone must look to the future and preserve the land for future generations. Mr. Ayaz reviewed a list of professionals he had spoken to regarding the proposal, and he stated he feels the wetland ordinance is very valuable and should be protected and upheld. He stated the City is under no obligation to grant a variance to the developer, and the City is the only body that has juridiction over the land. Mr. Ayaz stated he disagreed with Mr. Senden's i of the various organizations that had approved the development, as they had no authority to grant approval, and he reviewed a list of reasons why he feels the Council should deny approval of the request. He stated that if the 100 foot buffer is observed, Mounds View City Council Regular Meeting Harstad could develop only four lots. Kay Weseman, 7807 Bona Road, stated a group of residents had gone door to door and given the information provided by City Hall to the neighborhood and had collected 300 signatures on a petition objecting to the variance request of the developer. She added that while she does not have a problem with Mr. Harstad himself, she does have a problem with the proposal to develop this area. She added she would be presenting the petition to Clerk/ Administrator Pauley tomorrow. Mr. Sandidge stated that while the issue had been an emotional one to begin with, it has turned into an environmental issue now. He stated the ordinance is very valuable and asked the Council to verify the amount of wetland in the area, as he feels it is much greater than 7.9 acres. He added each development is unique and must be looked at individually, and the Council must be careful in setting a precedence, as if this is approved, he is afraid the remainder of the wetland in the City will go quickly. Mr. Sandidge stated that based on all the issues in question, he would request the Council to deny this proposed addition. Mr. McCarty stated that when he was on the Council, they were reminded very strongly by the City Attorney to write good, sound, viable ordinances that would stand on their own merits and should not be varied. He encouraged the Council to deny this request as it has not met the spirit and intent of the ordinance. Dick Dione, 2633 Clearview, stated he lives close to a wetland area in another part of the City and he is concerned about the precedence that would be set if the Council approves this request. He added the ordinance should be kept and fulfilled in its entirety. Mayor Linke stated that what is being asked for by the developer at this time is not precedence setting at this time, and that each wetland is looked at on its own merit. Mr. Ayaz stated he does not feel the U.S. Army Corps of Engineers map corresponds favorably with Braun's map. James Peters, 7901 Edgewood, stated he has lived there for 20 years and watched the swamp gradually get filled in over the years, and the wildlife has decreased drastically. He stated he fears this development would further eliminate that wildlife. Peter Erickson, 5527 St. Stephens Street, stated he feels "'this development would set a precedence if it is approved, contrary to what Mayor Linke has stated. September 14, 1987 Page Five Mounds View City Council September 14, 1987 Regular Meeting Page Six Mayor Linke clarified that a precedence has already been set, and they must look at each case individually. Mr. Erickson stated he has had flooding problems the past summer and found the soil on his property to be very moist, where it is normally very hard. M. Weseman read portions of an article from the Wall Street Journal regarding reconstruction of wetlands and asked if the developer was willing to guarantee its success. She also pointed out the developer has made the statement that they are treating the area as a type 3 wetland, and if that is so, the DNR would stop all development immediately. She also questioned whether the lots meet the square footage requirements. Barb Watkins, 2609 Louisa, stated she was against the proposed development. Sandy Krough, 7827 Bona Road, stated she was against the proposed development. James Tokas, 7845 Bona Road, stated he had purchased his home specifically because of the wetland behind him, and he is opposed to the development. Ali Sabur, 7837 Bona Road, stated he is against the proposed development, and he feels it is very important that the wetlands are preserved. George Aarons, 2626 Louisa, stated he is against the proposed development. David Radamacher, 7421 Parkview, stated he had spoken to many of his neighbors and that while they don't live close to the area in question, they are all opposed to the Council granting this variance. Ben Durant, 7358 Parkview, stated he is concerned with the Council considering granting this variance =ind he is against the proposed development. Charles Mechtel, 5533 St. Michael Street, stated he is concerned with how the wildlife will leave the area as development occurs, and he stated it will destroy the beauty of nature, and of Mounds View. Mr. Little stated he is against the proposed development and he asked the Council to vote their conscience. He also asked that they consider making the entire area a park area. 'Mr. Blomquist reviewed the information provided in the report from the Audubon Society and the areas of difference between the two reports. Mounds View City Council Regular Meeting •Mr. Thatcher responded to various technical areas that had been discussed. He also pointed out that variances have been given for the 100 foot buffer in the past. Mr. Sendcn rebutted many of the points made throughout the discussion and he reviewed Resolution No. 1653 and the variance that was granted in 1983 for another developer for the 100 foot setback, and he stated that when the variance is granted, the 20,000 square foot requirement no longer applies. He also pointed out that basements that have been wet in the past will not be affected with this development. He added they intend to stay within the letter and spirit of the law, and he feels the birds will be happy to use the 7.9 acreas of wetland that will be available. Mr. Senden stated he feels the opinions given by the Army Corps of Engineers and Ramsey County Soil and Water Conservation are accurate, and that while this wetland could be classitiea a Type 3, it is due to the backing up of the ditch, which has now been cleaned out and will allow the area to drain. He also pointed out the request Mr. Harstad had made to the City in 1981 was not denied but rather put aside because of the wetland issue and moritorium. He added that Rice Creek Watershed District has granted their approval. Mr. Senden stated Mr. Harstad is not required to provide a deer or duck or pheasant habitat for the surrounding neighbors as he has done for so many years, and if the City does not want him to develop the property, they could declare eminent domain, for just compensation. He added they are willing to give 7.9 acres for no compensation, in order to develop the property. Mayor. Linke closed the public hearing and reopened the regular meeting at 9:52 PM. Councilmember Hankner stated that it seems there is mis- information on the streets. She cited examples of phone calls she received. She explained that she personally had spoken with Molly Shodeen of the DNR to discuss her findings. She stated that these examples and others have raised many questions about the accuracy of the information that has been provided. She said that it seems there are self- appointed experts but she has not seen their credentials. She suggested there are three options opPn to the Council, to vote for the development and not feel certain it is the right thing to do, or to vote the projec t down, in order Lo maintain the integrity of the ordinance, and possibly find the City in Court, or to have the residents buy the property and declare eminent. domain rncl assess the costs Lo the property owners. September 14, 1987 Page Seven Consideration of Rslt. No. 2226, Ordinance No. 425 and Ordinance No. 424 Mounds View City Council Regular Meeting She stated she had reviewed the list of people Mr.. Ayaz had provided and recommended choosing one to hae.them analyze the information that has been presented and make a recommendation back to the Council.. Motion /Second: Hankner /Quick to table consideration of Resolution No. 2226, and the first readings of Ordinance No. 425 and Ordinance No. 424. 5 ayes 0 nays Motion /Second: Hankner /Quick to direct Staff to contact Barr Engineering and work with them on the development of a work plan for the analysis of this project, considering the information provided by the developer, citizens and Short, Elliott, Hendrickson and negotiate the cost of a contract, as this proposal applies to Chapter 48. 5 ayes 0 nays Attorney Meyers advised that the work plan should include the wetland zoning district map amendment and wetlands alteration permit. Mayor Linke pointed out the Council has 60 days to make a decision, and if no decision is made in that time, it is considered approved, and they will be coming close to the 60 day time.limit. Clerk /Administrator Pauley stated he would contact Barr Engineering and asked them to have somepne present at the next agenda session. He added that the City may have to ask the developer for a 30 day time extension. Attorney Meyers advised the Council should have some method of advising the interested parties when the issue will be coming off the table for further discussion. Mayor Linke replied they can use the same mailing list. Motion /Second: Quick /Linke to direct Staff that people should be notified within the 350 foot area of the proposed development. 5 ayes 0 nays t 1 r McCarty asked i f c i t i z e n s would he allowed to serve on the team with Barr Engineering. Motion Carried Motion Carried Motion Carried Mounds View City Council Regular Meeting Councilmember lankner replied they would not and nor would representatives of the developer. Tt will hr, independent review of 011 of the information 1 h-,r 11 teen lire'''1 Bri. rcunr- ilmemher Rankner explained that her job is to balance the interests of the citizenry as a whole and there is a and for thorough study. She indicated that she doesn't feel confident in all of the information. Curt Lyons, 2649 Ridge Lane, stated he is nr+* nn original mailing list, but has signed a petition against the development, and he would like to 1,.. notified of fr.irther discussion by the Connr,i 1 Richard Lively, 7701 Edgewood, asked if the Council would be making a decision if the report provided by Barr Engineering is reliable. Mayor Linke replied they would be. Alice Frits, 8072 Long Lake Road, asked for an explanation of Items B and C on the consent agenda, ,nce they involve amendments to the wetland ordinance uZd wetland alteration area. Councilmember Blanchard asked that Items B and C be removed from the consE:.it agenda. Motion /Second: Blanchard /Hankner to approve the consent agenda, minus Items B and C, and waive the reading of the resolutions. 5 ayes Clerk /Administrator Pauley explained the intent of proposed Resolution No. 2236. Motion /Second: Quick /Wuori to adopt Resolution No. 2236, authorizing construction of an addition at 7405 Park View Drive, and direct Staff to prepare an amendment to Chapter 48, Wetland Zoning, and waive the reading. 5 ayes 0 nays Motion Carried 0 nays Motion Carried Clerk /Administrator Pauley reviewed proposed Resolution No. 2234 and explained the reason the nest was made for the alteration permit. Bill Frits, 8072 Long Lake Road, stated he was concerned that this alteration may block the drainage in the area, as there had been problems in the past. September 14, Page Nine 8. Approval of Consent Agenda 198 ayor Linke explained there would be very minimal change in the slope of this yard, and the purpose is to spread the flow out over the yard itself, and not run off onto neighboring property. Mounds View City Council Regular Meeting Motion/Second: Wuori /Hankner to adopt Resolution No. 2234, approving ,;a wetland alteration permit for James Larson, 8205 Long Lake Road, and waive the reading. 5 ayes 0 nays Clerk /Administrator Pauley explained the long term financial plan is required by the City's home rule charter. Motion /Second: Blanchard /Quick to approve the second reading and adoption of Ordinance No. 428 adopting the 1987 long -term financial plan, and waive the reading. Councilmember Councilmember Councilmember Councilmember Mayor Linke Councilmember Councilmember Councilmember Councilmember Mayor Linke Wuori aye Quick aye Hankner aye Blanchard aye aye Clerk /Administrator Pauley explained the intent of proposed Ordinance No. 427. Motion /Second: Quick /Wuori to approve the reading and adoption of Ordinance No. 427, Ordinance No. 97, and waive the reading. Wuori aye Quick aye Hankner aye Blanchard aye aye second repealing Clerk /Administrator Pauley explained a request was received from Mary Anderson Homes to change a street name in their subdivision, for purposes of clarification. Motion /Second: Hankner /Quick to have the first reading of Ordinance No. 426, amending the Munici- pal Code of Mounds View by amending Chapter 46 ek itled "Street Names and waive the reading. 5 ayes 0 nays September 14, 1987 Page Ten Motion Carried 9. 2nd Reading and Adoption of Ordinance No. 428 Motion Carried 10. 2nd Reading and Adoption of Ordinance No. 427 Motion Carried 11. 1st Reading of Ordinance No. 426 Motion Carried Mounds View City Council Regular Meeting Clerk /Administrator Pauley reported Mr. Povlitzki had brought in an updated floor plan to City Hall earlierin the -day. Mr. Povlitzki stated he would like to plant more trees than are called for, but smaller in size, and closer together. Mayor Linke explained the City Forester had iaade his recommendation based on the ability of the trees to survive and grow. Clerk /Administrator Pauley suggested Mr. Povlitzki could check with the Forester on some substitute types of shrubs that could serve the same purpose. Mayor Linke questioned why the new floor plan does not indicate the dining room. Mr. Povlitzki replied the City cannot require him to do something it does not require of other similar establishments, and he is planning an open dining room, like the Mermaid has. Mayor Linke stated he had been notified last week of someone going around in the neighborhood stating that he was going to purchase the property and would be taking over its operation within the next six months or so, and he asked Mr. Povlitzki if he was attempting to sell the property at this time. He added that he had the persons telephone number and would be trying to get in touch with them. Mr. Povlitzki replied he had been contacted by someone at one time but had not heard anything back from him, and he is not in the process of selling the business. Councilmember Wuori expressed concern with where the bandstand is to be placed, since a good deal of sound would be going out the back wall to the neighbors. Mr. Povlitzki explained the amps face forward, and are padded in back. He added the music will be going out into the room, and the walls will have carpeting to help absorb noise, as well as padding beneath the floor. Councilmember Hankner asked what will happen if complaints are received again about noise. Mr. Povlitzki stated he would handle them. September 14, 1987 Page Eleven 12. Consideration of Resolution No. 2235 Mayor Linke stated at closing time they would like to have the bouncers outside, encouraging the patrons to leave the area. Mr. Povlitzki stated he agrees, and it is also helpful to have a squad car drive through the lot at closing. Councilmember Hankner asked to see a menu. Mr. Povlitzki stated he would provide one to the Council. Motion /Second: Quick /Blanchard to approve Resolution No. 2235, approving the issuance of an on -sale intoxicating liquor and restaurant license to Richard Povlitzki, and waive the reading. Councilmember Wuori reported there is an opening on 14. Reports of the Planning Commission, and applications can be Councilmembers: picked up at City Hall. Councilmember Wuori Mounds View Ci.'.y Council Regular Meeting 5 ayes 0 nays Attorney Meyers reported he had notified the attorney for Greg Johnson that the present operation must be removed by September 18, and he believes he is out of there now. He also advised that Mr. Johnson must submit the $948 in fees he owes the City. Councilmember Quick reported there is a potentially Councilmember dangerous problem at Groveland Park, in that the ball Quick is going underneath the boom board and out into the street, with children chasing it there, and he asked that immediate action be taken to correct the problem. He reported Park Director Saarion had a quote of $510 for a 30 foot fence, 6 feet high, including labor, or $625 for a 30 foot, 10 foot high fence, including labor, or she recommended off setting the fence to provide coverage. Motion /Second: Quick /Linke to use the alternative proposal of off setting the fence, to be 30 feet by 10 feet high, at a price not to exceed $625, with funding to come from the general fund park capital improvement account. September 14, 1987 Page Twelve Motion Carried 13. Report of Attorney 5 ayes 0 nays Motion Carried Councilmember Hankner stated that as a follow -up to Councilmember the Greenfield Estates discussions, they have had Hankner approximately 9 hours of citizen input, along with many hours from the developer, and it is time to sit down and analyze the data and make a decision. She stated she feels Barr Engineering can provide that, and the Council must he objective in making a decision. Mounds View City Council c September 14, 1987 Regular Meeting Page Thirteen ouncilmember Hankner stated that she doesn't owe anything to anyone on this particular matter, and she owes it to the City of Mounds View to make a wise decision, and she encouraged the Council to do so also. Councilmember Blanchard reported she had been working with Mary Peterson, who has been having a problem with the St. Paul Dispatch and Pioneer Press paper box at Bronson and Jackson, in that papers are left to blow around and make a mess in the neighborhood, and that neither she or Ms. Peterson had been able to make any progress with the newspaper office, after numerous calls there. She also requested the Police Department to call, which they did, and the problem is now reoccurring. Councilmember Blanchard asked the Council to authorize the Clerk /Administrator to contact the newspaper and ask them to remove the box, as the problem was not being taken care of. Mayor Linke asked Clerk /Administrator Pauley to send a letter on behalf of the Council to the newspaper, requesting removal of the box due to lack of maintenance and being a nuisance. lerk /Administrator Pauley replied the location cannot regulated but the City can enforce the nuisance code, and he will send a letter to the publisher, citing the nuisance. Mayor Linke asked Staff to look into the house on Highway 10 directly west of the K Gas station, as he has done a lot of remodeling and is in the process of building a very large garage, and he has a business sign out front. Clerk /Administrator Pauley stated he would look into the sign issue. He added that the other work done on the property has been permitted. Clerk /Administrator Pauley reported that due to difficulties in scheduling with NSP on moving the gas line on County Road I, the sewer line would be moved instead, which will necessitate some changes in scheduling, and he updated the Council on the progress of the work. Clerk /Administrator Pauley reported the public works garage addition will begin September 16. i rk /Administrator Pauley asked that the Council set ublic hearing for the delinquent utility accounts. Mayor Linke 15. Report of Clerk/ Administrator Councilmember Blanchard Mounds View City Council Regular Meeting !l otion /Second: Quick /Linke to set a public hearing Or the delinquent utility accounts for 7:15 PM on September 28, 1987. 5 ayes 0 nays Motion /Second:. Linke/Hankner to approve Resolution No. 2239, appointing the 1987 water meter readers, and waive the reading. 5 ayes 0 nays ;:lerk /Administrator Pauley reported the library issue has been tabled until June of 1988, because while the funds are available to build the library, the funds are not available to staff and run it. Clerk /Administrator Pauley reported he has been appointed to the Pipeline Safety Advisory Council, for a term through 1991, and they will begin meeting within the next few weeks. Mayor Linke announced the Council would be meeting at 7 PM on Wednesday, September 16 regarding the O pposed budget for 1988. Mayor Linke adjourned the meeting at 11:16 PM. 16. Adjournment Re fully sub, tt :d, Do F. Pauley Clerk /Administra September 14, 1987 Page Fourteen Motion Carried Motion Carried