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HomeMy WebLinkAboutMinutes - 1980/08/251. Call to Order 2 Roll Call CITY COUNCIL MEETING CITY OF MOUNDS VIEW August 25, 1980 AGENDA 3 Approval of Minutes: August 11, 1980 Regular Meeting August 18, 1980 Special Meeting 4. Residents requests and comments from the floor CITIZENS: BEFORE SPEAKING, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 5. Approval of Consent Agenda Item A. Approve Resolution No. 1147 Commending the Mounds View Festivities Commission Item B. Approve Resolution No. 1148 Outlining the City of Mounds View's Position on the Potential Reduction in State Aid Payments Item C. Approve Resolution No. 1150 Regarding Appointment of Sandra Wheaton as a Full Time City Employee Item D. Set Public Hearing for conditional use request of Brooks Superette, Inc., 2390 Highway 10, for 7:40 p.m. on September 8, 1980. Item E. Approve Resolution No. 1152 requesting Formal Membership into the North Suburban Cable Commission Item F. Licenses for Approval Item G. Approve Bills for Payment Resolution No. 1151 6. Solicitor's License Review Total Lifelife Jennifer Smith 7. Peddler /Solicitor's License Review W.M. Industries Steven A. Brown Agenda 2 August 25, 1980 8. Review City Branch Pick -up and Chipping Service 9. Bayport Acres Re,oning R -1 to R -2 Adoption of Ordinance #296 10. Report of Building and Zoning Official 11. Report of Attorney 12. Report of Administrator 13. Reports of Councilmembers 13. Adjournment CONSENT AGENDA AUGUST 25, 1980 The consent agenda is a technique designed to expedite handling of routine and miscellaneouF 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, any item can be removed from the consent agenda and placed upon the regular agenda for debate. ITEM A. Adopt Resolution No. 1147 Commending the Mounds View Festivities Commission. A copy is attached. ITEM B. Adopt Resolution No. 1148 Outlining the City of Mounds View's Position on the Potential Reduction in State Aid Payments. A copy is attached. ITEM C. Adopt Resolution No. 1150 Approving the Appointment of Sandra Wheaton as a Full Time City Employee. A copy is attached. ITEM D. Schedule Public Hearing for Conditional Use Request of Brooks Superette, Inc., 2390 Highway 10, for September 3, 1980, 7:40 p.m. ITEM E. Adopt Resolution No. 1152 Approving Formal Membership into the North Suburban Cable Commission. A copy is attached. ITEM F. Licenses for Approval: General Contractor Expire 6/30/81 Ro -My Consiiucticn Renewal B E Enterprises New ITEM G. Adopt Resolution No. 1151 Approving Just and Correct Claims Against City Funds. A copy is attached. Corrections: McCarty: PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAl +MSEY COUNTY, MI NNESOTA 2401 Hwy. 10 Members Absent: Hodges Also Present: Acting Clerk Administrator Anderson, City Attorney Meyers, and Building Zoning Official Rose. MOTION: Ziebarth made a motion, seconded by Forslund, to arinpt the minutes of August 18, 1980. Date Approved: 09 -08 -80 Regular Meeting August 25,1980 Mounds View City Hall Mounds View City Hall 1. CALL TO ORDER The Mounds View City Council was called to order at 7:30 P.M. on August 25, 1980, by Mayor McCarty. Members Present: Forslund, Rowley, Ziebarth, 2. ROLL CALL and Mayor McCarty. (Page 2, 4th 5th sentence, 1st paragraph) Should read "Silver Lake Road. especially during late night /early morning when cars (Page 2, 1st sentence, second paragraph) Change "Commissioner" to "Councilmember (Page 2, last sentence, 4th paragraph) Should read "road dedication" instead of "lot dedication (P 4. 4th paragraph)- Should read "Mr. Lee Smith asked the Council what use this property other than R -1 could have within the codes? Mayor McCarty responded that the Council was not in a position other than R -1 in an R -1 district." 3. APPROVAL OF AUGUST 11, 1980 REGULAR MEETING MINUTES MOTION: Forslund made a motion, seconded by Ziebarth, to adopt the minutes as corrected of August 11, 1980. Ayes -3 Nays -0 (Rowley abstained because she was absent at that meeting). MOTION CARRIES 4. APPROVAL OF AUGUST 18, 1980 SPECIAL MEETING i1IIIUTES Ayes -3 Nays -U (Rowley abstained because she was absent at that meeting). MOTION CARRIES MOUNDS VIEW CITY COUNCIL Regular Meeting Page 2 August 25, 1980 Ms. Kathy Olin, 8245 Spring Lake Road, informed 5. RESIDENT REQUESTS the Council that she had been issued a $5.00 COMMENTS FROM THE penalty charge which had been added to her water FLOOR bill for the quarter ending March 31, 1980, because the self -read meter card was not received by the City offices on the due date. She stated she felt she was not responsible because she had mailed the card right after she received it. She had called immediately to the City office at the time, and had also written a letter to the Finance director. However, the Council's position at that time was that the penalty was a valid charge since the City could not be responsible for any acts or omissions by the post office or the customer. Therefore, the City had informed her that she would have to pay the penalty charge. Now her bill for the second quarter of 1980 has an additional 500 charge added to the original $5.00 penalty. Ms. Olin went on to state that she didn't feel she was being addressed as an individual in this matter. She also felt the City had not responded to her with efficiency and clarification. Mayor McCarty responded to I4s. Olin by stating the policy had been set to charge a $5.00 late fee to water bills to encourage people to get their cards back on time. He also stated the Council had extended the due date for the water bills from 10 -30 days as well as installing a night depository at City Hall. He felt the Council had been diligent and understanding in providing the most equitable system available. (Attorney Meyers noted at this point that according to the ordinance, the Council could not waive the late fee.) MOTION: McCarty made a motion, seconded by Ziebarth, to adhere to past policy and deny Ms. Kathy Olin's request (8245 Spring Lake Road) to remove the $5.00 penalty charge for late payment of the water bill. Ayes-4 Nays -0 LOTION CARRIES Mrs. Duane Rickaby, 8343 Uroveland Road, informed Council that she had requested to the City Building Official a permit to build a cold frame on her home. This would be a portable structure which would be in use from approximately March 1st through June 1st. Official i:ose had informed her MOUNDS VIEW CITY COUNCIL Regular Meeting Page 3 August 25, 1980 in a letter dated August 22, 1980, that even though her request was allowable in her zoning district, she did not meet the specific requirements. firs. Rickaby stated she was appealing this decision. The Council determined to address this request, as well as a review and clarification of the existing codes on this matter, at the September 2nd agenda session. Mrs. Rickaby agreed to this suggestion. Ms. Jennifer Smith, Neo Life Company of America (25,000 Industrial Boulevard, Hayward, California 94545), stated she has requested a solicitor's license. Upon request from the Council to explain the product lines carried by the company, she noted they carried six lines: nutrition products, vitamins /minerals, food storage items, organic cleaners for personal and home use, a portable exercise unit, and special cookware to preserve food nutrients. She also stated that she would be offering job opportunities to the Moundsview citizens with this company. She will not be issuing contracts for payments (cash on delivery system) and she will be soliciting door -to -door for approximately a month's time. MOTION: MUTTON: Ziebarth made a motion, seconded by Forslund, for approval of Jennifer Smith's request (Neo Life Company) for a solicitor's license contingent upon positive reference checks and the purchase of a solicitor's license. Ayes -4 Nays-0 Acting Clerk Administrator Anderson will seek out infor- mation to determine if the company needs state and federal licensing. ien Sjodin presented Council with the redraft of GALE ADDITION the plans. i icCarty made a motion, seconded by Ziebarth, for conceptual approval of the Ardan Avenue property plans pending; favorable review by the City Eni veer and review by :staff for amendment to the development agreement. inal approval shall be given after the reports have been received and approved from the Engineer and dtaff. Ayes -4 i:ays -0 I :oTION CARRIES ;LOTION CARRIES MOUNDS VIEW CITY COUNCIL Regular Meeting Page 4 August 25, 1980 Steven A. Brown, W.M. Industries, Edina, Minnesota, is requesting a peddler /solicitor's license to sell door -to -door goods. The products are: house- wares, tools, games and they are 40 -60% cheaper than the retail price (They operate out of a warehouse so overhead is eliminated and they can offer a savings to the customer.) The company has operated in 35 states, and Mr. Brown stated that he has sold in many of the surrounding metropolitan communities locally. He would be carrying his wares in his van and the customer could purchase on- the -spot. There are no contracts to the customer. It is done on a cash or charge (major credit cards) basis. The products are fully guaranteed. He will primarily be going to apartments and trailer courts. He will be selling for a few months (pre- Christmas sales). Councilmember Ziebarth expressed concern with the parked van in a parking lot, small children running about, and the potential health and safety hazard for the Moundsview citizens. He also stated he would like to determine a policy for solicitor /peddler license requests before approving or denying any further requests. (Acting Clerk Administrator Anderson noted here that Mr. Brown had not requested the category "peddler but that it had been assigned by Staff as an appropriate term.) Mayor McCarty also noted that this request posed potential health and safety hazards, and he asked Mr. Brown to with- draw his request for a license until Council could address the existing codes and further discuss this issue. Mr. Brown agreed to withdraw his request, and Council will be notifying him within the next 30 days. Mayor cCarty asked to remove Items E from the consent agenda. MOTION: Ziebarth made a motion, seconded by approve the Consent Agenda, Items D Ayes -4 Mays -0 Ilayor McCarty noted the resolution allowed each councilmember to sign in support of the resolu- tion. Councilmember Forslund asked that each member of the Festivities Commission receive a copy of the resolution. A representative for the Commission will be asked to attend a future Council meeting for a formal presentation of the Resolution. Councilmember ._iebarth read the Resolution :,-1147). MOTION: iebarth made a motion, seconded by Rowley, to approve Resolution 1147 (Commending the Mounds View Festivities Commission). Ayes -4 .lays -0 The Council took a break at 8:35 P.N. The Council resumed the meeting at 8:58 P.M. A,i3,C, and b. APPROVAL OF CONSENT AGENDA Rowley, to F, and G. 7. MOTION CARRIES RESOLUTIOhN 1147 (COMMENDING THE MOUNDS VIEW FESTI- VITIES C0111•iiSSION) MOTIO; CARRIES MOUNDS VIEW CITY COUNCIL Regular Meeting Page 5 August 25, 1980 Mayor McCarty distributed copies of a shorter 8. version of the Resolution to the Council. After review, the Council determined to approve the longer version of the Resolution that was included in the consent agenda for this meeting. MOTION: Acting Clerk- Administrator noted that he will be sending copies of this Resolution to the League also. Mayor McCarty noted that the results of the survey indicated a 90 -95% favoring the cable T.V. program. MOTION: Ayes -4 Nays-0 MOTION: Forslund made a motion, seconded by Ziebarth, to adopt Resolution #1148 the shorter version (outline of Mounds View's position on the poten- tial reduction in state aid payments). Rowley made a motion, seconded by McCarty, to approve Resolutions #1152 and #1153, (Approving formal membership into the North Suburban Cable Commission and authorizing participation in the North Suburban Cable Commission respectively), and to dispense with the reading. Ayes -4 Nays -0 Mayor McCarty changed the second and third paragraphs to read: "WHEREAS, Sandra Wheaton has successfully completed her six month pro- bationary period; NOW, 'THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View does hereby appoint Sandra Wheaton as a full time city employee." Forslund made a motion, seconded by Rowley, to approve Resolution 1150 (appointment of Sandra Wheaton as a full time city employee). Ayes -4 Nays RESOLUTION 1148 (OUTLINE OF MOUNDSVI POSITION ON THE POTENTIAL REDUCTION STATE AID PAYMENTS' MOTION CARRIES 9. RESOLUTION 1152 (APPROVING FORMAL MEMBERSHIP INTO THE NORTH SUBURBAN CABLE and RESOLUTION 1153 (AUTHORIZING PARTICI- PATION IN THE NORTH SUBURBAN CABLE COM- MISSION) NOTION CARRIES 10. RESOLUTION 1150 (APPROVING THE Ai'POI NTMENT OF SANDRA WHEATON AS A FULL TIME CITY EMPLOYEE) FOTION CARRIES MOUNDS VIEW CITY COUNCIL Page 6 Acting Clerk Administrator Anderson noted that the project is taking longer than was expected. At the current rate, it would take at least an additional three weeks to complete the project. He also noted that the part -time CETA crew would be done, working with the City on August 29, 1980, so city, personnel would have to be pulled off other jobs to complete the project. Anderson proposed to Council to begin a 13 -hour split shift program to increase the efficiency of the existing chipping operation. The Council agreed that the project should be completed as soon as possible and would rely on Staff's re- commendations to expediate the task. MOTION: McCarty made a motion, seconded by Ziebarth, to authorize staff to rent two chippers for another additional week, at a cost of $900.00 ($450.00 /chipper) to be taken from the contingency fund. Ayes -4 Nays -0 MOTION CARRIES The first reading of Ordinance #296 was read by Mayor McCarty at the August 11, 1980 City Council meeting. The Iayor proceeded with the second reading, after which the following motion was made: MOTION: Forslund made a motion, seconded by Ziebarth, to adopt Ordinance #296 (which amends the I4unicipal Code of mounds View by amending Chapter 41 entitled "Rezonings" -Lot 17 Spring Lake Park Hillview is rezoned from R -1 to P -2). Ayes Forslund, Rowley, Ziebarth, McCarty MOTION CARRIES Nays -0 Official Rose: 13.r.EPORT OF THE BUILDING'; AND ZONIdG OFFICIAL 1. Iii E Realty, Kraus Anderson Agreement, has received the five items discussed by the Council at their last agenda session and M E are in agreement with the pro- posed changes. They will provide Council with a draft including the changes. 2. A reminder: Dynamic Developers are going to be attending the next agenda session to determine and plan for a comprehensive solution to the property just off Woodlawn Drive by Bronson Long Lake Road and County Poad 1. Regular Meeting, August 25, 1980 11. REVIEW OF CITY BRANCH PICK -UP AND CHIPPING, SERVICE 12.IiAYPORT ACRES REZONING OF R -1 TO R -2 ORDINANCE #296 MOUNDS VIEW CITY COUNCIL Regular Meeting Page 7 August 25, 1980 Official Rose Report (continued): 3. The Planning Commission's Comprehensive Plan Update will be held on September 10, 1980, at 7:30 P.M. Public notices will be in the next two City bulletins. 4. Staff is suggesting numbering the pro- cedures involved in adopting a resolution so that it will be easier for Council (and Staff) to follow. Attorney Meyers: 14. REPORT OF THE CITY ATTORNEY 1. Meyers has negotiated a claim to the City for $469.51 by Custom Electronics. It had gone to court, and Attorney Meyers settled the claim with them for $300.00. This amount has been recorded in the court records. MOTION: Administrator Anderson: 1. The meeting of September 1st will be changed to September 2nd because of the Labor Day Holiday. MOTION: McCarty made a motion, seconded by Ziebarth, to approve and ratify Attorney Meyers' in reference to the bill for $469.51 claim being settled for $300.00 for Custom Electronics. The bill can be paid upon receipt at the City offices. Ayes -4 Nays -0 MOTION CARRIES Rowley made a motion, seconded by Forslund, to change the City Council's scheduled agenda session from September 1st to September 2nd because of a legal holiday. Ayes -4 15. REPORT OF THE ACTING CLERK ADMINISTRATOR Nays -O MOTION CARRIES MOUNDS VIEW CITY COUNCIL Regular .Meeting Page 8 August 25, 1980 Anderson Report (continued): 2. Anderson called Council's attention to two recent requests for use of the City Community Room. One request was from the Lutheran Brethran Fellowship requesting the Room for Sunday evening services, for an indefinite length of time. The other request was from You, Yourself, Inc. -a commercial party -to reserve the Room for dancing lessons. The Council immediately indicated that no commercial enterprises could use the City Community Room. Council also discussed the problems en- countered by the Sunday evening request: a. It was for an indefinite period of time and this wouldn't give other residents an equal chanme, b. There would be no custo- dian on duty. They noted it has not been City policy to approve a long term request for an indefinite period of time. Forslund: 16. COUNCILI4EMBERS REPORTS 1. The police chief will be at the Sept.2nd agenda session to discuss the Noise Ordinance. 2. Public hearing of Planning Commission's Comp Plan Update will be on September 10th. There was not a lot of response to the neighborhood meetings recently held at City Hall (approx- mately 10 citizens were there). Rowley: Hodes: 3. The City has sent a letter to the owner of the apartment at 2657 and 2665 Highway 10 regarding fixing the fence. If a response has not come by the required date, legal action will be started bythe City. 1. She asked that the City write a resolution congratulating Cecelia Quaife, 1980 Minnesota Teacher of the Year. She teaches at Sunnyside Elementary School. Absent. MOUNDS VIEW CITY COUNCIL Regular Meeting Page 9 August 25, 1980 Mayor McCarty: 1. McCarty suggested the possibility of the supervision of Lakeside Park being handled by the Park and Recreation Director, rather than hiring a specific individual. This could result in a savings of some $4200. Ayes -4 /ret 2. Planning Commission appointments: Ken Breske has asked to remain a member designate since he has personal commitments that could prevent his attendance at the meetings as a full member. Jean Miller, member designate, will be appointed to fill the vacancy left by Commissioner Burmeister. The term will be through 1981. MOTION: Forslund made a motion, seconded by Ziebarth, to approve the appointment of Jean Miller to the Planning Commission (replacing Com- missioner Burmeister's vacancy) through 1981. Ayes -4 Nays -0 MOTION CARRIES -The remaining vacancy (Commissioner Goebel's former position) will continue to be advertised for a couple more weeks. Ziebarth made a motion, seconded by Rowley, to adjourn the August 25, 1980, City Council meeting. Nays -0 MOTION CARRIES The meeting adjourned at 10:25 P.M. Bruce K. A Acting Cl 17. ADJOURNMENT tted, on Administrator