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HomeMy WebLinkAboutMinutes - 1996/05/28• Page 1 May 28, 1996 Mounds View City Council PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA • Regular Meeting May 28, 1996 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 CALL TO ORDER The Mounds View City Council was called to order by Mayor Linke at 7:00 p.m. on May 28, 1996. PLEDGE OF ALLEGIANCE ROLL CALL MEMBERS PRESENT: Mayor Linke, Council members Trude, Blanchard, Quick and Hankner ALSO PRESENT: Chuck Whiting, City Administrator Cathy Bennett, Economic Development Coordinator Joyce Pruitt, Planning Associate Michael Ulrich, Director of Public Works ADDITIONS TO THE AGENDA: Ms. Hankner asked that one item be added to the Agenda, 11.(m.) Discussion with respect to the County Attorney's actions or lack of action on property thefts. APPROVAL OF MINUTES: a. May 13, 1996 Regular City Council Meeting. MOTION/SECOND: Trude/Hankner to approve the minutes of the Regular City Council Meeting on May 13, 1986, as presented. VOTE: 5 ayes 0 nays Motion Carried • Page 2 May 28, 1996 Mounds View City Council ACCEPTANCE OF ADVISORY COMMISSION MINUTES: There were no Advisory Commission Minutes to be considered at this meeting. SPECIAL ORDER OF BUSINESS: There was no Special Order of Business scheduled for this meeting. CONSENT AGENDA: Mr. Whiting, Clerk Administrator read the Consent Agenda as follows: A. Set Public Hearing for Monday, June 24, 1996 at 7:05 p.m. to Consider Renewal of Off-Sale Intoxicating Liquor License for Network Liquors, 21345 County Road H2. B. Set Public Hearing for Monday, June 24, 1996 at 7:06 p.m. to Consider Renewal of Off-Sale Intoxicating Liquor License for Budget Liquor, 2577 Highway 10. C. Set Public Hearing for Monday, June 24, 1996 at 7:07 p.m. to Consider Renewal of Off-Sale Intoxicating Liquor License for Murzyn Liquor, 2840 Highway 10. D. Set Public Hearing for Monday, June 24, 1996 at 7:08 p.m. to Consider Renewal of On-Sale Intoxicating Liquor License for Donatelles, 2400 Highway 10. E. Set Public Hearing for Monday, June 24, 1996 at 7:09 p.m. to Consider Renewal of On-Sale Intoxicating Liquor License for Robert's Off 10, 2400 County Road H2. F. Set Public Hearing for Monday, June 24, 1996 at 7:10 p.m. to Consider Renewal of On-Sale Intoxicating Liquor License for Mermaid, Inc., 2200 Highway 10. G. Adopt Resolution No. 4947 Approving a Step Adjustment for Tim Pittman, Public Works Foreman. H. Adopt Resolution No. 4948, Approving a Step Adjustment for Joyce Pruitt, Planning Associate. I. Adopt Resolution No. 4949, Approving a Step Adjustment for Lynnette Morgan, Administrative Aide. J. Adopt Resolution No. 4953, Approving Just and Correct Claims Against City Funds. K. Licenses for Approval: General (Commercial): Bridges Leasing Company, LLC -New Demolition: Herbst & Sons Construction Co. -New . MOTION/SECOND: Hankner/Quick to approve the Consent Agenda as presented. Page 3 May 28, 1996 Mounds View City Council VOTE: 5 ayes 0 nays Motion Carried RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR: Mayor Linke explained that this portion of the meeting was designated for anyone who wished to speak to the Council on items that were not on the Agenda. There were no comments from the floor. PUBLIC HEARINGS: Public Hearing to Consider Ordinance No. 581, An Ordinance Amending Title 1100, Section 1114.04 Entitled "Motor Vehicle Sales". Mayor Linke opened the Public Hearing at 7:OS p.m. Ms. Joyce Pruitt, Acting Community Development Director, explained that on January 8, 1996, Ordinance No. 570 Regulating New and Used Automobile Dealerships was approved by the City Council. She noted that two changes need to be made to the Ordinance. One will allow vehicle sales to be allowed as a • conditional use in an R-3 zoning district. The second change will remove the language "New and Used Automobile Sales" and use "motor vehicle and recreation equipment sales and garage accessory thereto" which is consistent with the definition section of the municipal code. Ms. Pruitt explained that these changes were reviewed by the Planning Commission on May 1, 1996 and they recommended approval. Mayor Linke closed the Public Hearing at 7:06 p.m. MOTION/SECOND: Quick/Blanchard to approve the Introduction of Ordinance No. 581, and to waive the reading. VOTE: 5 ayes 0 nays Motion Carried Public Hearing to Consider Ordinance No. 582, Amending the Mounds View Municipal Code Section 502.04, Subdivision 2(c) Entitled, "Intoxicating Liquor, Eligibility". Mayor Linke opened the Public Hearing at 7:10 p.m. Ms. Cathy Bennett, Economic Development Coordinator, explained that the current Liquor License Requirements under Section 502.04, Subdivision 2(c) states that "No license shall be granted for any premises within five hundred feet (500') of the property line of any school or church located in the City of Mounds View." Currently this restricts all the businesses in Mounds View Square from being eligible for a liquor license due to its proximity to the Sunrise Christian Daycare/Church located at 2520 County Road L At the May 13, 1996 Council meeting, an amendment was introduced which would create an area along Highway 10 which would only require a 50 foot distance between premise and property line. Also • included was a provision to require the licensee to have at least 60% of gross sales be food sales and prove this true on an annual basis to enable them to renew the license. Page 4 . May 28, 1996 Mounds View City Council Ms. Bennett stated she has proposed an amendment to the ordinance change which includes keeping the 500 foot requirement but allowing liquor within those areas if they meeting the 60% gross sales requirement. This would ensure that the city was not creating a special case for just. that particular area, but for the entire city. Mayor Linke read the proposed change to the ordinance. He also noted that the city did receive a letter from the Executive Committee of the Sunrise Methodist Church, which he proceeded to read. Duane McCarty. 8060 Long Lake Road, asked how the city will determine that the 60% food sales reports will be true and accurate. He stated that these reports can easily be adjusted to meet the requirements and he thinks by approving this ordinance, the city will only be asking for trouble. This amendment would take away the protection for the schools and churches. Furthermore, the city does not need any more liquor establishments. He objects to the amendment and asks that the council delay action on the ordinance and send it back through the Planning Commission for their consideration before taking further action. Mayor Linke noted that it is very difficult to attract a good restaurant without providing them with a liquor license. . Ms. Trude asked where the city is at in regard to obtaining an easement with the property owner. She stated she would be in favor of tabling this item until a later date. Mayor Linke closed the Public Hearing at 7:30 p.m. (Action on this took place under Council Business 11. (A.). I1. COUNCIL BUSINESS: A. Consideration of Adoption of Ordinance No. 582 Amending the Mounds View Municipal Code Section 502.04, Subdivision 2(c) Entitled, "Intoxicating Liquor, Eligibility". MOTION by Trude to table this item until a later date. MOTION FAILS FOR LACK OF SECOND. MOTION/SECOND: Quick/Hankner to Approve the Adoption of Ordinance No. 582, Amending the Mounds View Municipal Code Section 502.04, Subdivision 2(c) Entitled "Intoxicating Liquor Eligibility". Ms. Trude stated she does not believe that the council has looked at the maps closely enough to look at the 500 foot requirement and she asked staff how it would affect different areas. She noted that if the FINA station area were to be rezoned, it could affect that area as well. Ms. Hankner stated the property owner of the FINA station is asking for a variance to build a canopy for the convenience of his customers. The property will remain as a B-2 zoning as the council is not looking at rezoning the property. Ms. Blanchard stated the council recently denied a variance request due to the fact that the property did not • comply with the city code. She cannot justify approving an ordinance just when it will be of benefit to Page 5 • May 28, 1996 Mounds View City Council the city. The public expects the council to uphold the codes as they have been written, therefore she could not support approval of the ordinance. Mayor Linke explained that the owner of the FINA station was asking for a variance. He would have considered the variance if it had been for a lesser amount. Ms. Trude stated she would like more time to deliberate on the ordinance change. The owner of the Bridgeman property has not been particularly cooperative with the city in the case of the easements, therefore she does not see a need to act so quickly on this matter. In looking at the letter from Sunrise Methodist Church, she does not feel adequate time was given to allow them to hold a meeting of discussion with their congregation. Mayor Linke stated the congregation was notified two times of the May 28th council meeting. A member of the Executive Council of the Sunrise Methodist Church was present and explained that if any church member had any objections to the ordinance change, they were to notify one of the board members. Several people did approach him, however he noted there was really no major objection. Their main • concern would be what else could go in to the property if the new restaurant closed. Ms. Trude noted that this ordinance change would apply to any church in Mounds View. She is not sure what areas of the city could be impacted by this change. This is a change from the original ordinance that was introduced. Mr. Bob Long reminded that restaurants will need to renew their liquor license annually and they will need to submit their gross annual sales receipts which should be sufficient to determine whether or not they have complied with the 60% food sales requirement. Mr. Quick stated he sees this situation as being much the same as the Donatelles or Robert's Off 10 property. There are probably more children passing by these restaurants than what there will be at the Bridgeman property. He feels the values and ideas that are instilled in the children by parents play a much larger role than what the children are exposed to at a establishment which serves liquor. ROLL CALL VOTE: Mayor Linke yes Council member Trude no Council member Blanchard no Council member Hankner yes Council member Quick yes Motion Carried - 3 ayes, 2 nays B. Consideration and Adoption of Ordinance No. 580, Amending the Municipal Code of Mounds • View by Amending Chapter 306.05, Entitled "Vacations and Holidays". Page 6 • May 28, 1996 Mounds View City Council Mr. Chuck- Whiting, City Administrator, explained that the ordinance revision to the holiday schedule would allow for four hours of added vacation time on Christmas Eve and New Years Eve day, when those days fall on Monday, Tuesday, Wednesday or Thursday. MOTION/SECOND: HanknerBlanchard to approve the Adoption of Ordinance No. 580, Amending the Municipal Code of Mounds View by Amending Chapter 306.05, Entitled "Vacations and Holidays". ROLL CALL VOTE.• Mayor Linke yes Council member Trude yes Council member Blanchard yes Council member Hankner yes Council member Quick yes MOTION CARRIED (5 ayes, 0 nays) • C. Consideration to Award Bid for Lease Purchase Golf Carts. Ms. Mary Saarion, Director of Parks, Recreation and Forestry, explained that staff obtained bids for the lease/purchase often golf carts and one utility cart for the Bridges Golf Course. After review, staff asked that the council award the bid to Club Car for a cost of $1,704.40 per month for a period of four years, six months off (November through April) and six payment months (May through October). The expense would be funded from the Golf Course Enterprise Fund. MOTION/SECOND: HanknerBlanchard to award the Bid to Club Car for the lease/purchasing often golf cars and one utility cart for the Bridges Golf Course at a cost of $1,704.40 per month as recommended and to authorize John Hammerschmitt to execute the lease/purchase agreement. VOTE: 5 ayes 0 nays Motion Carried D. Consideration of Resolution No. 4954, Approving the Hire of Patrick Toth, Cable TV Technician/Producer. Mr. Whiting stated he sat in on the interviews for the Cable TV Technician /Producer and he recommends Patrick Toth to fill this position. This is a 20 hour per week position with pro-rated benefits, with the beginning dates and salary to be negotiated. Mayor Linke questioned whether 20 hours would be enough. Mr. Whiting stated at this point he is suggesting approval and if a change is necessitated, he will bring it back for council approval at a later date. MOTION/SECOND: HanknerBlanchard to approve Resolution No. 4954, Approving the Hire of Patrick • Toth as Cable TV Technician/Producer . Page 7 May 28, 1996 Mounds View City Council VOTE: 5 ayes 0 nays Motion Carried E. Update on 8265 Spring Lake Road Property. Ms. Joyce Pruitt gave a brief update on the status of the property, noting that the exterior Nuisance Code violations have been remedied. Mr. Quick thanked Ms. Pruitt for her attention to this matter, noting that the neighbors of the area are very appreciative of her efforts. F. Consideration of Hiring a Temporary Employee to Provide Reception Service. Mr. Whiting noted that Audrey Almendinger has resigned from her position with the City of Mounds View, effective May 31, 1996. He is requesting that Marjorie Norquist be authorized to continue on with the city for a period of one month to assist in reception coverage until a new receptionist is hired. The monies would come out of the salary amount budgeted in the Administration Department for 1996. At six hours per day for five days per week, the total monthly amount would equal $1,182.62. • Several of the council members expressed their appreciation of Audrey's dedicated service and pleasant touch that she brought to the city. MOTION/SECOND: Trude/Hankner to approve the hiring of Marjorie Norquist for a one month period to provide reception services. VOTE: 5 ayes 0 nays Motion Carried G. Consideration of Resolution No. 4956, Supporting City Attorney, Bob Kong's Candidacy for League of Minnesota Cities First Vice President. MOTION/SECOND: Quick/Hankner to approve Resolution No. 4956, Supporting City Attorney, Bob Longs Candidacy for League of Minnesota Cities First Vice President. VOTE: 5 ayes 0 nays Motion Carried H. Consideration of Resolution No. 4946, Approving County Road H2 Turnback. Mr. Michael Ulrich, Public Works Director, explained that County Road H2 was put on the schedule to be turned back to the City of Mounds View in 1996. The road will be eligible for State Aid funds. He noted that no reconstruction date has been set for the road, but it is anticipated that it will occur in the next three to five years. MOTION/SECOND: Quick/Hankner to approve Resolution No. 4946, Approving County Road H2 Turnback. . VOTE: 5 ayes 0 nays Motion Carried Page 8 • May 28, 1996 Mounds View City Council I. Set Public Hearing to Consider Adoption of Assessments of Public Improvements on Pleasant View Drive. Mr. Ulrich explained that Pleasant View Drive was reconstructed late in 1994 and the project costs came in mid 1995. At this time, the city would be setting a public hearing for the assessments. He noted that all of the property owners within that construction project have been notified of the public hearing to beheld on June 24, 1996. MOTION/SECOND: Hankner/Trude to set the Public Hearing for June 24, 1996 at 7:05 p.m. to Consider the Assessment of the Public Improvement of Pleasantview Drive. VOTE: 5 ayes 0 nays Motion Carried J. Consideration of Plans and Specifications of Bronson Drive Reconstruction. Mr. Steve Campbell and Mr. Barry Peters, Project Engineer, were available and presented the plans and specifications for the Bronson Drive reconstruction, giving the council a brief description of the project. . He noted that the project will include cleaning up the pond located on the North side of Bronson Drive, between Adams and Quincy. Mr. Ulrich stated the city sent out a letter approximately two weeks ago to all the residents within the construction area requesting them to call in to schedule an appointment to have their sanitary service televised and inspected. At this point, they have only scheduled nine appointments. He asked again that residents contact the city to schedule this inspection which is being provided free of charge. Vera Edmond, 2234 Bronson Drive, stated she cannot see the need for a sidewalk along Bronson Drive. She is always picking up litter off her property that is thrown from the street. She can only see the problem worsen when a sidewalk is put in. Ms. Blanchard asked what the final cost is after the modifications. Mr. Peters stated the new estimate is approximately $660,000 for construction. Mr. Ulrich stated the staff is asking for the council's approval of the plans and specifications. If they are approved, the advertisement would go out in the June 5th New Brighton Bulletin and the June 7th Construction Bulletin advertising the bid opening of July 1, 1996. MOTION/SECOND: Linke/Trude to approve the plans and specifications as presented or modified and authorize staff to proceed with advertisement. VOTE: 5 ayes 0 nays Motion Carried • K Update of Midland Videen Property. Page 9 May 28, 1996 Mounds View City Council Mr. Ulrich explained that staff had met with representatives from the Rice Creek Watershed, Army Corp. of Engineers and SEH last week to discuss the possibility of constructing a storm water detention/quality pond on the Midland Videen Property. Comments were that the wetland is functioning very well and it is possible that redesigning would not guarantee any available mitigation bank. Another factor to consider is what the city plans for the Bel-Rae property. He stated he would like to schedule an update of this item at the June 3, 1996 council work session where Rocky Keen of SEH could be present to discuss a proposal for council's consideration. L. Consideration and Formal Introduction of Ordinance No. 581, An Ordinance Amending title 1100, Section 1114.04 Entitled "Motor Vehicle Sales". This item was considered at the time of the Public Hearing (10). M. Discussion with Respect to the County Attorney's Policy of Prosecuting for Property Theft. MOTION/SECOND: Hankner/Linke to authorize the City Administrator to draft a letter to the County Attorney to ask the policy in regard to prosecuting for vehicle theft. . VOTE: 5 ayes 0 nays Motion Carried REPORTS: Report of Council members: Quick: no report. Blanchard: no report. Hankner: no report. Trude: Ms. Trude stated last Wednesday she met with the Community Connection Committee to review a Focus group report that was prepared for the city. This has been passed on to staff for their review. On Thursday there was a DARE graduation of 130 students at Pinewood School. On Wednesday, May 29th at 7:00 p.m., the principal of Edgewood School will be presenting a program about what dangers youth face in our community. Registration for activities will also take place for youth in the community. On Friday she met with the staff from Ramsey County Public Health to talk about county services that are provided to Mounds View residents and how the needs can be better met. Report of Mayor Linke: No report. • Re ort of Administrator: No re ort. Page 10 • May 28, 1996 Mounds View City Council Report of Staff: No report. Report of Attorney No report. Mayor Linke announced that the next Council Meeting will be on June 10, 1996. The next Council Work Session will be on June 3, 1996. Mayor Linke adjourned the meeting at 8:40 p.m. Respectfully submitted, Tamara D. Saefke Recording Secretary • • I i I I L Alnu)66 vi?G l 1-17-�y' . -- RA-�l Z,9< 6�ile go 2'�- � %� '` :~, `>' ; ~: , ,. ,.,-: , .~,:: ; , `~~- L~:..t ~: