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04/09/1979 - 00013863THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 9, 1979 The Publ7c Hearing Meet�ng of the Fridley City Council was called to order by Mayor Nee at 7:30 p m PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Moses, Councilman Fitzpatrick, Councilman Schne�der and Councilman Barnette MEMBERS ABSENT: None ADOPTION OF AGENDA: Mayor Nee requested an item be added• "Receiving Petition from Residents in the Area of Hickory Drive and Locke Lake Road Regarding the Paving Project" MOTION by Councilman Fitzpatrick to adopt the agenda with the above amend- ment Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON AN ON-SALE INN, INC.): R LICENSE AND A SUNDAY LIOUOR LICENSE TO MOTION by Councilman Schneider to waive reading of the public hearing notice and open the hear�ng. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimous7y and the public hearing opened at 7 30 p.m. Mr. Brunsell, City Clerk, stated the Police Department made an investigation of this establishment and could find no reason for denial of the license. He stated a report was also turned in regarding the food sales in relation to liquor sales and this business does meet the ordinance requirements. Mr. Sobiech, Public Works Director, stated the Engineering Department made an inspect�on of the grounds. He stated the only problem at the Shorewood Inn is the insufficient parking and curbing. He stated he believed the owners of Shorewood Inn have a rental agreement with Mr. Sa7iterman regard- ing use of ad�acent factlities for parking purposes, however, pointed out this area is still unimproved. Mr. Sobiech stated, since the parking isn't improved, it is difficult to put down markings directing people to this space. He indicated that the area is well graded now, but still needs a general improvement to the standards of a typical parking lot. Mr Sobiech stated what is currently improved for parking is not sufficient to handle the parking needs Mr. Nicklow, owner of the Shorewood Inn, stated they plan to improve the parking area, and when asked if it wouid be paved, Mr Nicklow stated that it would No persons in the audience spoke for or against the renewal of this liquor license. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7�35 p.m, , � ��� 7 ', PUBLIC HEARING MEETING OF APRIL 9, 1979 PAGE 2 Councilman Schneider stated he was pleased with the operation of the Shorewood Inn and stated it was a pride to the community. Mayor Nee stated the Police �epartment has made a request indicating they would Itke advance notice on who the security personnel will 6e at the Shorewood Inn and also their schedules. Mr. Nicklow stated this could be done and there wouldn't be any problem in supplying this information. PUBLIC HEARING ON AN ON-SALE L LICENSE AND A SUNDAY LIQUOR LICENSE TO MOTION by Councilman Schneider to waive reading of the public hearing notice and open the hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:36 p.m. Mr. Brunsell, City Clerk, stated the report from the auditors of Sandee's indicate they do meet the ordinance requirement regarding the relation of food sales to liquor sales. He stated the Police Department indicates there have been no calls to this establishment �n the last year and could not find any reason for ob�ecting to renewal of the license. Mr. Sobiech, Public Works Director, stated Sandee's recently �nstalled a sprinkling system so there �s some repair work that has to be done with the sidewalk and some sodding. Reqarding the parking lot improvement, Mr. Sobiech stated the code requires the parking lot 6e curbed. Mr. Weiss, owner of Sandee's, questioned when the curbing was required. Mr. Sobiech stated, he believed, it was in 1969 when thts requirement went into effect requiring curbing around parking lots. He stated there was a � five year time limit allowed for establishments to bring the parking lots up to code. He indicated the City is working with property owners, when they improve or expand their business, to meet this code requirement No persons in the audience spoke for or against this request for liquor license renewal. MOTION by Counctlman Schneider to close the public hearing. Seconded by Councilwoman Moses, Upon a voice vote, all voting aye, Mayor Nee declared the public hearing closed at 7:40 p.m. I4UOR LICENSE AN� A SUNDAY LIQUOR LICENSE TO MOTION BY Counc�lman Schneider to waive reading of the pu6lic hearing notice and open the hearing Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unantmously and the public hearing opened at 7:41 p m. Mr. Brunsell, City Clerk, stated they have a letter from the Certif�ed Public Accountant's for the Plaza Villa and they indicated, at this point tn time, they are unable to certify the amount of food sales in relation to liquor sales because the business hasn't been in operation for a long period. ' Mr. Brunsell stated the Police Departinent could find no reason For de����al of the 1icense renewal. Mr. Sobiech, Publ�c Works D�rector, pointed out that Plaza Villa is located in the Snorewood Shopping Mall and they are workiriy �viih the pr°operty owners to try ana make additional �mprovernents. He scated, as far as Plaza U�lla, they have only some building code requirements to meet. No persons in the aud�ence spoke for or against thts liquor 17cense renewal. PUBLIC HEARING f+IEETING OF APRIL 9, 1979 PAGE 3 MOTION by Counc�lman Barnette to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all votiny aye, Mayor Nee declared the motion carried unan�mously and the public hearing closed at 7:44 p.m. PUBLIC HEARING ON AN ON-SALE LIQUOR LICENSE AfVD A SUIJ�AY LIQUOR LICENSE TO FRIDLEY RECREATIOPJ APJD SERVICE COMPANY (WILLIAP1 H. GOTTWAL�T) FOR ThlE PROPER MOTION by Councilman Schneider to waive reading of the public hearing notice and open the hearing. Seconded by Counc�lwoman Moses. Upon a voice vote, all voting aye, I�layor Nee declared the motion carried unanimously and the ' public hear�ng opened at 7 45 p.m. Mr. Brunsell, City Cierk, stated they have a report from the accountants for Maple Lanes which certtfy that the food sales do meet the ordtnance requirements �n relat�on to the liquor sales. Mr. Brunsell stated the Police Department report indicates there have been no complaints orginating within Maple Lanes over the last year and based on this information, could see no reason for objecting to renewal of the license Mr Sobiech, Publ�c Works Director, stated the C�ty is working with Plaple Lanes regarding an exterior development program and they have only one year remaining on that program. He stated the owner was in agreement that they would continue with this exterior development program. No persons in the audience spoke for or aga�nst this request for liquor license renewal. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously and the publ�c hearing closed at 7 47 p.m. PUBLIC HEARING ON AN ON-SALE LIQUOR LICENSE AND A SUNDAY LIQUOR LICENSE TO JOHN G. PURh10RT FOR THE PROPERTY LOCATED AT 8293 UNIVERSITY AVEfVUE NORTHEAST (DBA. HOUSE OF LORDS): � MOTION by Councilwoman Moses to waive readin9 of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the pu6lic hearing opened at 7:47 p.m. Mr. Brunsell, City Clerk, stated the report from the accountants for the House of Lords indicates the food sales do meet the requirements of the ordinance in relation to the liquor sales. Mr. Brunsell stated the Pol�ce �epartment suggests that the owner provide some type of security on certain evenings of the week and with this in mind could see no reason for ob�ecting to renewal of the license. Mr. Sobiech, Publtc Works D�rector, indicated somewhat of a problem in having the exterior deveiopment for the orig�nal site completed. He stated the curbing, driveway and parking lot improvements have been completed, but what remains to be done is the general landscaping including screening and certatn ''No Parking" signs for the Fire Department. He stated the staff would cont�nue to work with the owners, but would like to have a schedule for completion of the landscaping. He suygested such a schedule be submitted before issuance of the license. Mayor Nee requested staff to check if the House of Lords would agree to the � recommendation of the Police �epartment to have secur�ty personnel for the three days suggested. MOTION by Councilwoman Moses to close the public hearing. Seconded 6y Counctlman Fitzpatr�ck Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously and the oubl�c hearing closed at 7:51 p.m. � � 4 PUBLIC NEARING MEETING OF APRIL 9, 1979 HOw'ARD NSON LI P,4GE 4 E7dSE AND A SUPlDAY L14LOR LICENSE f0 MOTiON by Counctlman Schneider to watve reading of the public hearir�g not�ce and open the hearing. Seconded by Councllman Barnette Upor a vozce vote, all voting aye, Mayor Nee declared the motion carried unanimcusly and the public hearing opened at 7:51 p.m. hlr. Brunsell, City Clerk, stated the Ground Round meets the ordinance reGuire- ment regard�ng the amount of food sales in relation to liquor sales He stated the Police Department did make a comment regarding the secu�°ity personnel and they wuuld like to know the names of those warking as security personnel. With this suggestion �n mind, the Police Department could find no reason for ob,7ecting to renewal of the license. Mr Sob�ech, Public Works Director, irdicated there was a minar maintenance problem in the parking lot on the East side of the building and a call was received from the f4anager who �ndicated th�s would be taker care of as soon as possib7e. Councilman Schneider indicated an attachment was received on the Grour,cl Round regardtng police calls which raised the question if this means the calls were exceptionally high for this business No persons in the audience spoke for or against this request for l�quor license renewal. MOTION by Councilman Barnette to close the public heartng. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Mee declared the motion carried una m mously and the publtc hearing closed at 7:55 p.m. IC HEARING ON AN ON-SALE IN LICENSE AND A SUNDAY LIQUOR LICENSE TO OCATED AT 3720 EAST RIVER ROAD DBA• MOTIGN by Councilman F�tzpatrick to waive reading of tha �ublic hear�ny notice and open the hearing. Seconded by Counc5lmar Schneider Upor, a voice vote, all voting aye, Mayor Nee declared the mot�on carr�ed unanimously and the publtc hearing opened at 7:55 p.m. Mr. Brunsell, City Clerk, stated the Police Department report ir�dicates there have been a number of calls to this establishment They are recommending that this bustness retain a bouncer or security person on the premtses and felt this would result in considerable time saved by the Folice Gepartment Mr. Brunsell stated the report from the accountant for George's in Fridley indicates that liquar sales comprise 60% of the total sales, �vith food comprising 36% of the sales, and the game room comprisir.g �%� oF the tota7 sales. Mr. Brunsell stated that the food sales should comprise at least 409� of the total sales. Ne indicated that he felt the ordirance requirement would not take into account the game room sales. Mr. Herrick, City Attorney, stated the intent of ti;e ordinance was to consider the ratio between food and liquor and, therefore; tre game room sales shouldn'i be considered. � Cauncilman Fitzpatrick stated he believecl this estal;lishment was below the minimum requirement last year when the license was up for renewal, but po�nted out that the food service has been cons�derably expanded. P1r. Sobtech, FuCl�c Works, Director, ind�cated tl�ey do have an outstarding buildtng permit, with a landscaping plan, and s�nce the bu�ldirg construction was completed late last year, there wasn't an ouportunity to complete the landscaping. He rndicated the City does have the plan, howzver, av�th a bond, so didn't see any problem with getting this matter completed. PUBLIC HEARING MEETING OF APRIL 9, 197° PAGE 5 Mr. Herrick, City Attorney, pointed out that the other considerat�on last year was the fact that the 6r�dge was closed for a substantial period of time which may have resulted in their not meeting the food sales requirement. Councilman Fitzpatrick stated he believed last year, when the sales were below the rat�o, they were encouraged to brtng the food sales up which he felt they have done. No persons in the aud�ence spoke for or against this request for liquor license renewal. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by ' Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously and the public hearing closed at 8:00 p.m. NG ON AN ON-SALE LIQUOR LICENSE AND A SUNDAY LIQUOR LICENSE TO MOTION by Councilwoman Moses to waive the reading of the publtc hearing notice and open the hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:00 p.m. Mr. Brunsell, C�ty Clerk, indicated the Police �epartment could see no reason for denial of the license. Mr Brunsell stated the City hasn't received any information regarding the food sales in relation to liquor sales and quest�oned these figures. Mr. Tam stated the liquor sales are less than 6% of their total sales Mayor Nee requested Mr. Tam to submit this information to the City Clerk's Office for their records. Mr. Sobiech, Public Works Director, stated, when the application was made ' for the liquor license a year ago, the owners indicated they would suhmit an exterior development and sign plan which hasn't been received as of this date. He pointed out they have taken care of the sprinkling system which was required. Mr. Sobiech stated the owners have indicated they wanted to obtain an architect from Hong Kong, but suggested that the exterior development plan be submttted. No persons in the audience spoke for or against this request for liquor l�cense renewal MOTION by Councilman Schnetder to close the public hearing. Seconded by Counc�lwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:02 p.m. Councilman Barnette stated there was a ttme �n Fridley when there were very few places to dine and pointed out that many people are coming to Fridley to these dining establishments. He stated he felt it was a good thing for Fridley and a real credit to the businesses NEW BUSINESS: N0. Mr. Brunsell, City Clerk, stated Senate File No. 513 and House File No. 490 would allow grocery stores, drug stores, gas stations, etc. to sell beer with a strength of up to 7%, instead of �ust 3.2 beer. Mr. Drunsell stated it was felt this would open up the sale of strong beer to a much w�der area which would be harder to control. � 5 PUBLIC HEARING MEETING OF APRIL 9, 1979 PAGF G Mr. 8runsell indicated if the strong beer bill goes through, then it �sias felt tiie next step w�ould be that wine would also be sold in every store. Counc�lman Fitzpatrick asked about the controls, if strong beer was sold in grocery stores. Mr I3runsell stated it would be the same as it is now for 3.2 beer, except the 6eer would have a higher alcof-�ol cortent Councilman Barnette felt what the whole matter is leading to is that there would no longer 6e any 3 2 beer. � Counciiman Fitzpatrick indicated he didn't have any strong feelings on this matter He feli, it was at the discretion of the Legislature, however, the resolution for the Council to consider woulJ urge Fridley's representat�ves to vote against it. Councilwoman P1oses felt she would ,7ust as soon table this item and have the chance to talk to the people in the Legislature about why this bill came about. She indicated she would like some further background on it. Councilman Barnette stated he imagined more 5eer would be sold, if it is opened up for other outlets He indicated he would be in favor of ado�ting the resolution opposing S.F No. 513 and H.F. No. 490 for the reasons he felt the City would lose some control. Councilman Barnette stated he felt there ts enough problems with all chemicals and that people dtdn't need any easier access. Counc�lman Schreider stated he supports Councilman Barnette's pos�t�on �ecause of the problem of control. He pointed out, however, he was not too sympathetic to the potnts made by the Municipal Liquor Stores, Inc. Mayor Nee stated he would also support the positton that there may 6e a problem of control He stated, other than this reason, he couldn't see any other reason for not proceeding w�th this. Fie pointed ouL he felt the letter from the Municipal Liquor Stores, Inc. was inappropriate. � Mr. Qureshi, City Manager, stated if the Counc�l w�shes to take a position in opposition to this b�ll, a resolution has been prepared for tFe Council's consideration. MDTION �y Councilman Barnette to adopt Resolut�on No. 54-1979 in opposition to S.F. No. 513 and H.F. No 490. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. RESOLUTION N0. 55-1979 APPROVING AN� AUTHORIZIfJG SIGNIf4G THE AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND IiOUPS OF ENIPLOYEES OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEAhS 1979 AM� 1480 .PATROLP4EN1 fdr. Brunsell, Cicy Cierk, stated the two changes in this conLract from the previous one was the salaries and hosp�talizetian contribu�ion wln ch went up $5.00 per month. He stated the salaries are wtthtn the wage and price guidelines for the two year contract. Mayor Nee questioned �f everyone had agreed to the contract. Mr. Qureshi, City Manager, stated the correct language has heen aoreed upon by the L'm on and staff and approval is recommended. MOTIDN by Councilman Fitzpatr�ck to adopt Resolution No 55-1979. Seconded by Councilman Schetder. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. � RESOLUTION 10. 56-1979 IPJ SUPPORT DF SENATE FILE 277 SHADE TREE �ISEASE COMTROL PROGRAf� : MOTION by Councilman Fitzpatrick to adopt Resolution No. 56-1979. Seconded by Councilman Schneider Councilman Schneider asked what funding the C�ty had been receivtng from the State for thts program. i "� i PUBLIC HEARING MEETING OF APRIL 9, 1979 PAGE 7 Mr. Brunsell stated in 1�77, the funding amounted to 37% and in 1978, it was 28% and it is proposed to be cut to 14%. He stated the resolution would put the Council on record as being in favor of the same leve7 of funding support for 1979 as 1978. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the mot�on carried unanimously. APPOINTMENTS - CITY EMPLOYEES: MOTION by Councllman Schneider to concur with the following appointments: , Inez Kapala, Secretary in Public Works at $1,020 (base) per month, effective Apr�l 9, 1979 and Jean Christianson, Secretary in Finance Department at $B98 per month, effective April 16, 1979, Seconded by Councilwoman Moses, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. CLAIMS MOTION by Counc�lman Schnetder to authorize payments of Claims No. OS6B18 through 096950. Seconded by Counctlman Fitzpatrick. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. ESTIMATES. MOTI0�1 6y Councilman F�tzpatrick to approve the estimates as submitted. Islands of Peace Pro,7ect (To be paid out of interest money.) Minnegasco 626 Nicollet Mall Minneapolis, M�nnesota 55402 Heating for Islands of Peace Reception Center Northern States Power Co. P. 0. Box 9477 Minneapolis, Minnesota 55484 Electrical Power for Islands of Peace at Reception Center Edward T. Wilmes 23707 Un�versity Avenue Bethel, Mtnnesota 55005 Gasoltne used for Islands of Peace Meetings $ 64J0 $124.78 $24.50 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. f.7 I M RESIDENTS IN TNE AREA OF HI MOTION by Councilman Schneider to receive the above petitton. Seconded by Councilman Fitzpatrick. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carrted una m mously. ADJOURNMEPJT: MOTION by Counc�lman Barnette to ad,7ourn the meeting. Seconded by Councilman Schnetder. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing Meettng of the Fridley City Council of April 9, 1979 ad,7ourned at II 30 p.m Respectfully submitted, .ti��n.�-d-Cti. �t.LZi�{�i�'' Carole Had ad Secretary to the City Approved. 4/23/79 ���� � William J. Nee Council Mayor � ,