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HomeMy WebLinkAboutMinutes - 1979/10/22PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA The Mounds View City Council was called to order at 7:30 PM, October 22, 1979, by the Mayor. Members Present: Mayor McCarty, Council members Forslund, Hodges, Rowley, Ziebarth (arrived at 9:03 PM) Members Absent: None Also Present: City Attorney Meyers, Finance Director Brager, Building Zoning Official Rose. Rowley made the motion, seconded by Forslund, to approve Don Brager as Deputy Clerk in the City Administrator's absence. 4 ayes O nays Brager was sworn in as Deputy Clerk by City Attorney Meyers. Hodges made the motion, seconded by Forslund, 3. APPROVAL OF MINUTES to approve the minutes of 10/9/79 as corrected. 4 ayes O nays Mayor McCarty requested Item D be removed 4. APPROVAL OF CONSENT from the Consent Agenda. AGENDA (See Attached) Forslund made the motion, seconded by Hodges, to approve the Consent Agenda minus Item D. 4 ayes O nays McCarty made the motion, seconded by Rowley, to waive the tee for peddler license for Cub Scout Pack #167 (selling Christmas bows from 11 /1 to 12/31). Regular Meeting October 22, 1979 Mounds V C S 2401 Hwy. 10, Mounds V iew M N 55 2 4 ayes O nays 1. CALL TO ORDER 2. ROLL CALL Appointment of Deputy Clerk /Administrator MOUNDS VIEW CITY COUNCIL Page 2 Bob Hedlund, 8424 Sunayside Rd., presented a petition to the Council with the names of 277 residents opposed to the proposed re- location of Hwy. 10. Neil Loading, 5046 Longview Drive, and Bill Doty, 3049 Bronson, requested the Council set December 4, 197 es the election date for the proposed new City Charter. Councilmember Hodges expressed concern that Chapter 8 of the proposed Charter should be checked by a bonding agent. Rowley pointed out that Councilmember Ziebarth per his memo to the Mayor Council dated 10/19/79, wishes the Council delay discussion of this subject until his arrivalapproximately 9:00 PM. Rowley called for the question, seconded by McCarty. 4 ayes 0 nays Rowley made the motion, seconded by Hodges, that the Council honor Ziebarth's request and delay the discussion upon his arrival. 4 ayes 0 nays Forslund: 1) Has received calls regarding the condition of County Rd. I, and suggest re- grading before the contracts are let. 2) Re: unfinished business at agenda mtg should look into lowering the 3.2 license rate, and check into the truck ordinance again. 3) Informed of a program on channel 2, "Is Metro Council Getting Too Big for its Britches Rowley: 1) Requested notice be put on the sign board re: public informational meeting of pro- posed airport to be held at Blaine Sr. High School on 10/30/79. 2) Informed of Ramsey County League meeting on 10/24/79 re: media how -to's. 3) Stated Lakeside Park will be giving money back to the City (from overruns, money saved from projects, etc.) Suggested Mounds View follow the same procedure as Spring Lake Park, to allow their bank account to stay at a minimum. Regular Meeting October 22, 1979 5. RESIDENTS REQUESTS COMMENTS FROM THE FLOOR Proposed Charter 6. REPORTS OF COUNCIL MEMBERS /ADMINISTRATOR MOUNDS VIEW CITY COUNCIL Regular Meeting Page 3 October 22, 1979 Rowley made the motion, seconded by Hodges, that the City of Mounds View pay city bill 6. REPORTS (continued) to Lakeside Park in two installments, one in January and again in June or July. 4 ayes 0 nays Hodges: 1) Announced an Open House at the Youth Service Board on Woodhill Drive. 2) Also stressed the need to review the truck ordinance McCarty: Pointed out the Cable TV Commission Cable TV has six volunteers. McCarty made the motion(no second) that Council appoint the six people listed the City Administrator's memo of 10/19/79. (Motion was withdrawn since information was not available as to the number of people required) The six people -Don Meyers, Shirley Buntrock, Wayen Lego, Heidi Forslund, Bob Hedlund, and Howard McClish- -will be called in for the 11/5/79 Council meeting. Brager: Handed out information re: 1) legislative report, 2) Bulletin from League of Minnesota Cities, regarding Open Meeting Law and including a model ordinance booklet. 3) Re: New office copier Based on our average Copy Machines monthly usage, a Sevin 780 copier with 20 bin collator would coat $308.40 per month vs. our present cost of $328.60 for the Xerox 4000 II. This represents a savings of $23.60 per month. Upon checking, the Sevin 780 was recommended by other users as well. Rowley made the motion, seconded by Forslund, to direct Staff to enter into a two -year contract agreement with Sevin for a 780 copier with 20 bin collator at a monthly rental of $305.00. 4 ayes 0 nays Rowley also directed Staff to give a 30 -day notice to Xerox. 4) Handed out information re: typewriter maintenance contract cost from iBM, and v Smith Office Equipment Co. Typewriter Maintenance MOUNDS VIEW CITY COUNCIL Regular Meeting Page 4 October 22, 1 ^79 McCarty made the motion, seconded by Hodges, to authorize the City Administrator to enter into an agreement with Smith Office Equipment Co. for maintenance of typewriters from 1/1/80 to 12/31/80. Prices are as follows: for IBM a,b,c,d $47.50; IBM Selectrics 1,2,2c $47.50 each, and IBM Executive $51.50. 4 ayes O nays 5) Resolution 1037 requests the transfer of $25,000 from the Water fund to the General fund; and $15,000 from the Sewer fund to the General fund. (This provides a means of paying Staff for their related services.) Rowley made the motion, seconded by Hodges, to adopt Resolution 1037. 4 ayes O nays 6) City has paid $30,756.29 to Allied Rlarkt_np Co. and still owes $4,309.66. This represents a 147 overrun of the project. McCarty recommended the matter be deferred to a later meeting until further information is obtained. McCarty made the motion, seconded by Forslund, to decay action on the 1979 Sealcoating Project until Council receives more information on how the overrun happened. 4 ayes O nays Tha City has received on 10/12/79 a petition for water service on the west side of Silver Lake Road between County Rd. I and Highway 10, which includes 487. of the affected 733' of frontage. Resolution 1036 declares adequacy of the petition and a feasibility study may be ordered. Rowley made the motion, seconded by McCarty, to accept the petition dated 10/11/79 for the extension of water service to serve the property along the west side of Silver Lake Rd. between Hwy. 10 and County Rd. I. 4 ayes 0 nays Staff was directed to contact :1r. Glenn Hanson, as well as Realty Man, to determine their interest in this water service. Transfers of funds Sealcoat project 7. REPORTS OF BUILDING ZONING OFFICIAL a) Public Improvement Project- -Res. #1036 MOUNDS VIEW CITY COUNCIL Regular Meeting Page 3 October 22, 1979 Rose read Resolution #1039 to those present. The resolution formally approves of Develop- ment Agreement #79 -31 with J &W Instruments, Inc., pending MPCA sewer extension permit approval. The MPCA will consider this request on 10/23. Forslund made the motion, seconded by Rowley, to approve Resolution #1039. 4 ayes 0 nays Resolution #1040 formally approves of Develop- ment Agreement #79 -32 with Faircon, Inc., pending MPCA sewer extension permit approval. This request will be considered by the MPCA on 10/23. Forslund made the motion, seconded by Hodges, to approve Resolution 1040. 4 ayes 0 nays Re: Complaints to Council by residents at 7660 Edgewood Staff investigated the four plex, as directed by Council, and served a 30 -day notice to rectify the violations. This notice has expired and the owner has not corrected violations. A re- investigation will take place this week and if no correction has taken place, the City will take to Court. Re: Complaints by tenants of apartments on Hillview City ordered insects exterminated, which took place. However, other violations have not been corrected. Ownership has changed, so another 30 days notice has been issued. Forslund and Rose plan to attend the MPCA meeting on 10/23/79. Planning Commission will have its second meeting on the Comprehensive Plan update on 10/24/79 at 7 PM. Councilmember Ziebarth arrived at 9:00 PM. Attorney Meyers stated that a draft of the Charter was presented and delivered to the Clerk of the City on 10/15/79. The law provides that the Council shall call for an election within 90 days of that delivery date. b) Resolution #1039, A.A. 79 -31 with J &W Instruments, Inc. Resolution #1040, c) D.A. 79 -32 with Faircon, Inc. CHARTER REVIEW DATE FOR SPECIAL ELECTION MOUNDS VIEW CITY COUNCIL Regular Meeting Page 6 October 22, 19'79 Roger Baumgartner, 7535 Knollwood, stated he didn't understaad the urgency, as implied by a December 4 election date. He compared the charter procedure to the Comp. Plan procedure a few years ago, when Planning Commission had 3 public hearings and invited property owners. Recommeaded a space of 90 days when public would receive copies to study, and then Council hold a public hearing. Neil Loading, 5046 Longview Drive, stated he felt the procedure of the Planning Commission was different than the Charter Commission because the public didn't have the final voice in the Comp. Plan, as they do with the Charter. Re: Chapter 8, he felt that if any problems would come up, the affected parts of the Charter could be changed. Councilmember Rowley read the four means of changing the Charterfrom MS 410.12 contended it would not be easily changed. Jerry Linke, 2290 Knollwood Drive, felt a December 4 election would not provide an adequate time for the public to review the Charter. He stated his belief that the Commission is trying to rush the election, and asked the Council to set back the date to the maximum time possible. Bill Doty, 3049 Bronson, assured that there would be at least one public meeting. Nancy Burmeister, 7656 Knollwood, suggested calling in a bonding attorney to check Chapter 3 so it can be changed by the Commission now, if necessary to make sure there are no loopholes. Councilmember Rowley asked the Commission from what City they had used to pattern Chapter 8. Bill Doty replied they had used Fridley, Duluth, and St. Cloud and Brooklyn Park as a pattern. Rowley stated Brooklyn Parks' was so cumbersome they don't use it. R. Hedlund, 8424 Sunnyside Rd., stated he felt that approximately 75% of the citizens didn't know the issue and couldn't understand the rush. Neil Loeding stated there had been information in the newspapers, both St. Paul and local, plus the City Newsletter. He didn't feel it was a rush -a public meeting would be provided for and the public would receive a copy. Felt the opposition to the Charter is trying to delay to prevent an opportunity to submit the Charter. Warren Hertenstein, 2122 Hillview Road,asked why this should be done in 45 rather than 90 days. McCarty answered the weather in January (90 days) would be a deterrent factor. Councilmember 2iebarth felt the Commission members have lived with the Charter and the public has not; they are at a disadvantage of how much the public knows. The longer time you take co let the people under- stand, the less chance to defeat it. MOUNDS VIEW CITY COCJNCIL Regular meeting P1ge 7 October 22, 1979 Ed Smith, 5140 Rainbow Lane, disagreed, and used Project 78 -1 as an example. McCarty stated that Chapter 8 provides the right to petition against public improvements to prevent this from reoccurring. ,ill Doty emphasized the Charter isn't for a special interest group, but for all citizens and their rights. Councilmember Ziebarth read the City Administrator's memo in this regard, explaining the City requirements according to Minnesota statutes. It stated a recommendation to have the document reviewed by an attorney and bond consultant before setting the election date in order to allow time for correction. It also stated the possible problems due to his unfamiliarity with our election equipment, etc. He recommended the elction be set the latest possible date. Councilmember Rowley emphasized that Staff is also busy with other issues, i.e., airport, Hwy 10, etc. Rich Gebhardt, 5071 Rainbow Lane, asked how the commission was formed. It was explained it came about as a result of citizen input, and a petition of 107 of people voting in the last election (762). John Pickar, 2299 Knoll Dr., raised a question as to how the Charter was presented. Mayor McCarty stated it had been presented at an agenda session with the Council and City Administrator present. McCarty called for the question, seconded by Hodges. (Nay votes: Rowley, Ziebarth. Reason for nay votes: Feel this is insufficient time for public input.) McCarty made the motion, seconded by Forslund, to set the election date as December 4, 1979 for the proposed Home Rule Charter, according to the Resolution I have drafted (see attached). (Nay votes: Rowley, Ziebarth. Same reason as above) 3 ayes 2 nays 3 ayes 2 nays McCarty made the motion, seconded by Ziebarth, to authorize Staff to notify a bonding attorney for an authorized 4 hours (approximately) review of Chapter 8 and submit a report to the Council by November 1. 5 ayes 0 nays McCarty made the amendment, seconded by Ziebarth, that only Chapter 8 of the Charter be sent to Fagre Benson. 5 ayes 0 nays Mrs. Helseth, 7666 Knollwood, questioned the expenditure of having Chapter 8 reviewed by the bonding attorney. Councilmember Ziebarth stressed the need to know the soundness of that part of the document before a legal problem challenges it. MOUNDSVIEW CITY COUNCIL Regular Meeting Page 6 October 22, 1979 R. Hadluud asked how everyone would be informed, if they would receive' individual copies? Bill Doty stated it would be printed in the New Brighton Bulletin and 3,000 copies could be purchased for citizens. McCarty made the motion, seconded by Rowley, to authorize Staff to provide copies of the charter to citizens requesting them at a cost of $1.75 per copy. 5 ayes 0 nays Ziebarth's report: The meeting with MnDOT tentatively set for November 7 is off, since MnDOT can't attend. A new date will be set and the public should watch for notification in the newspaper and on the sign board. Ziebarth made the motion, seconded by Rowley to adjourn the meeting at 10 :30 PM. Respectfully submitted, 5 ayes 0 nays A G E N D A Regular Council Meeting Mounds View October 22, 1979 7:30 p.m. 1. Call to Order 2. Roll Call 3. Approval of Minutes 4. Approval of Consent Agenda 5. Residents requests and comments from the floor, 6. Reports of Councilmember /Administrator 7. Reports of Inspection and Zoning Official: a. Petition for Water Improvement Resolution No. 1036 Silver Lake Rd. between Co. Rd. I and Hwy, 10 b. D.A. 79 -31 Development Controls Resolution No. 1039 J W Instruments, In c. D.A. 79 -32 Development Controls Resolution No. 1040 Faircon, Inc. 8. Attorney's Report 9. Engineer's Report 10. Adjournment CONSENT AGENDA October 22, 1979 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 Council Member, any item can be removed from the consent agenda and placed upon the regular agenda for debate. ITEM A: Approve Resolution 1038, Approving D.A. 79 -29 McDonald's Drive -thru Addition. ITEM B: Approve Code Revision Hearing 40.05 Subd. C, a b for 7:30 p.m. on November 12, 1979. ITEM C: Approve Resolution 1041, Approving Just and Correct Claims Against City Funds. ITEM D: Approve licenses for: Neil Heating Air Conditioning Heating Air Conditioning Renewal Peddler licenses: Cub Scouts Pack 167 Sell Christmas Bows from Nov. 1 to Dec. 31, 1979