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HomeMy WebLinkAboutMinutes - 1980/12/22CITY COUNCIL MEETING CITY OF MOUNDS VIEW December 22, 1980 7:30 p.m. AGENDA 1. Call to Order 2. Roll Call Ziebarth, Hodges, Forslund, Rowley, McCarty 3. Presentation by Lakeside Park Commission 4. Approval of Minutes: September 30, 1980 (Special Meeting) December 8, 1980 (Regular Meeting) 5. Residents Requests and Comments from the Floor CITIZENS: BEFORE SPEAKING, PLEASE GIVE YOUR FULL NAME ADDRESS FOR THE MINUTES 6. Approval of Consent Agenda ITEM A. Approve Resolution No. 1212 Ordering the Installation of a Street Light B. Authorize Inclusion of Jerry Skelly and Howard McClish on Public Officials Liability Insurance Coverage C. Approve Resolution No. 1214 Establishing a Policy and Fees for Installation of Water Meters and Water and Sewer Services D. Approve Resolution No. 1215 Establishing Salaries Effective January 1, 1981 and Setting Salary Review Policy E. Approve Resolution No. 1216 Entering Into Agreement With Department of Public Safety for Loan of Portable Breath Testing Units F. Set Public Hearing for 7:40 p.m., January 12, 1981 to Consider the Rezoning Request from R -1 to R -2 for 2415 County Road I G. Set Public Hearing for 7:50 p.m., January 12, 1981 to Consider the Conditional Use Permit Request for Minor Auto Repairs at 2848 Highway 10 H. Adopt Resolution 1210 Reapportioning Assessment for Registered Land Survey #360 I. Approve Resolution 1211 Approving the Special Assessment for Tract A of Registered Land Survey #360 Agenda Page 2 December 22, 1980 ITEM J. Approve Resolution 1218 Approving a Reduction of Cash Escrow for Development Agreement 78 -25 With Mounds View Development Company No. 1 K. Approve Resolution 1219 Approving Application for Tax Relief of City Owned Property of Registered Land Survey #360, Tracts B, C and E L. Authorize the Mayor to Approve the Submitted Forms for the State and Federal Grant Applications for Phase One Acquisition and Development of Silver View Park Totaling $241,900 M. Licenses for Approval General Contractors Expire 6/30/81 Daco, Inc. New Lloyds Home Improvement, Inc. New Dale Robertson, Bldrs. New Scott Construction Corp. New Horwath Construction Renewal Heating Air Conditioning Expire 6/30/81 Cool Air Mechanical, Inc. New Franklin Sheet Metal New Masonry Expire 6/30/81 Carroll Buzzell Brick Cement, Inc. Renewal N. Bills for Payment Resolution No. 1217 7. Second Reading of Ordinance No. 298 Adopting the 1980 Long Term Financial Plan 8. First Reading of Ordinance No. 300 Amending the Municipal Code of Mounds View by Amending Chapter 40, "Zoning" 9. First Reading or Ordinance No. 301 Amending Ordinance 240 and Chapter 6 of Municipal Code Relating to Personnel 10. City Forester Update 11. Report of Building Zoning Official 12. Report of Attorney 15. Reports of Councilmembers 16. Report of Administrator 17. Adjournment CONSENT AGENDA December 22, 1980 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 orie 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. 1212 Resolution Ordering the Installation of a Street Light ITEM B. Authorize Inclusion of Jerry Skelly and Howard McClish on Public Officials Liability Insurance Coverage ITEM C. Adopt Resolution No. 1214 Resolution Establishing a Policy and Fees for Installation of Water Meters and Water and Sewer Services ITEM D. Adopt Resolution No. 1215 Resolution Establishing Salaries Effective January 1, 1981 and Setting Salary Review Policy ITEM E. Adopt Resolution No. 1216 Res lution Entering Into Agreement with Department of Public Safety for Loan of Two Portable Breath Testing Units ITEM F. Set Public Hearing for 7:40 p.m., January 12, 1981 to Consider the Rezoning Request from R -1 to R -2 for 2415 County Road I ITEM G. Set Public Hearing for 7:50 p.m., January 12, 1981 to Consider the Conditional Use Permit Request for Minor Auto Repairs at 2848 Highway 10 ITEM H. Adopt Resolution No. 1210 Reapportioning Assessment for Registered Land Survey #360 ITEM I. Adopt Resolution No. 1211 Approving the Special Assessment for Tract A of Registered Land Survey #360 ITEM J. Adopt Resolution No. 1218 Authorizing the Release of $3,870.96 from the Cash Escrows of Development Agreement No. 78 -25 ITEM K. Adopt Resolution 1219 Resolution Abating Taxes and Assessments on City Owned Property of Registered Lan Survey #360, Tracts B, C and E ITEM L. Authorize the Mayor to Approve the Submitted Forms for the State and Federal Grant Applications for Phase One Acquisition and Development of Silver View Park Totaling $241,900 Consent Agenda Page 2 December 22, 1980 ITEM M. Licenses for Approval General Contractors Expire 6/30/81 Daco, Inc. New Lloyds Home Impro‘T Inc. New Dale Robertson, New Scott Construction Corp. New Horwath Construction Renewal Heating Air Conditioning Expire 6/30/81 Cool Air Mechanical, Inc. New Franklin Sheet Metal New Masonry Expire 6/30/81 Carroll Buzzell Brick Cement, Inc. Renewal ITEM N. Adopt Resolution No. 1217 Approving Just and Correct Claims Against City Funds The Mounds View City Council was called to 1. CALL TO ORDER order at 7:35 P.M. on December 22, 1980, by Mayor McCarty. Members present: Ziebarth, Hodges, Forslund, 2. ROLL CALL Rowley, McCarty Others present: Clerk- Administrator Pauley and City Attorney Meyers. Donna Bowman, Chairperson, Lakeside Park 3. PRESENTATION BY Commission, informed the Council that the LAKESIDE PARK Comission is recommending that Ramsey County COMMISSION take over the responsibility for maintaining the Lakeside Park beach area. The Commission has contacted Ramsey County and has asked for a response by February 20, 1981. She also indicated the Commission felt they could still be an advisory /policy- making body. PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA MOTION: McCarty made a motion, seconded by Ziebarth, that the City Council of Mounds View pledges assistance to the Lakeside Park Commission in the disposition of the Lakeside Park, Ayes -5 Nays -0 THE POTION CARRIED. (Mayor McCarty indicated that because of the election process, the formal approval of these minutes had been delayed). MOTION: Rowley made a motion, seconded by Hodges, to approve the September 30, 1980 special meeting minutes. Ayes -5 Nays -0 THE MOTION CARRIEC. DATE APPROVED: 01 -12 -81 Regular Meeting December 22, 1980 Mounds View City Hall 2401 Hwy. 10, Mounds View City Hall 4. APPROVAL OF 9 -30 -80 SrECIAL MEETING MINUTES MOUNDS VIEW CITY COUNCIL December 22, 1980 Regular Meeting Page Two Corrections: Forslund: The date for the city dinner should read "March 28th" instead of March 21st. MOTION: Forslund made a motion, seconded by Row'fey, to approve the corrected minutes of December 8, 1980. Ayes -4 Nays -0 Abstentions -1 (Ziebarth -was absent at this meeting) THE MOTION CARRIED. There were no comments from the audience. Mayor McCarty added an Item #0 to the consent agenda: Resolution #1220 (A memo dated 11 -26 -80 from Bruce Anderson, Park and Recreation Director, referring to cost needs of repairs in some of the city parks.) Mayor McCarty asked to have Item #D removed. Councilmember Ziebarth asked to have Item #J removed. MOTION: Rowley made a motion, seconded by 77-Wind, to approve the consent agenda with the inclusion of Item #0 (Resolution #1220) and the exclusion of Items D J. Ayes -5 Nays -0 THE MOTION CARRIED. Mayor McCarty noted that the equalization of salaries for city staff, effective 10/10/80, resulted in a 12.5% increase instead of the previously discussed 10.4% due to an error in calculation. Because of this factor, Resolution #1215 indicated there would be no merit increases to any non classified positions in the City of Mounds View (except in the cases of probationary reviews, promotions, or new hires) during the fiscal year 1981. 5. APPROVAL OF 12 -8 -80 REGULAR MEETING MINUTES 6. RESIDENT REQUESTS AND COMMENTS FROM THE FLOOR 7. CONSENT AGENDA MOUNDS VIEW CITY COUNCIL December 22, 1980 Regular Meeting Page Three Councilmembers Ziebarth and Rowley both indicated to the Council that they would prefer that the 1981 Council vote on this particular issue since neither one of them will be in the Council for the next term. MOTION: McCarty made a motion, seconded by Ziebarth, to remove paragraph 3 from Resolution 1215 for action at a later date(in 1981). Ayes -5 Nays -0 THE MOTION CARRIED. MOTION: McCarty made a motion, seconded by Ziebarth, to adopt Resolution 1215 (establishing salaries effective 1 -1 -81) excluding paragraph 3. Ayes -5 Nays -0 THE MOTION CARRIED. Councilmember Ziebarth asked Building Zoning Official Rose if it was possible to thoroughly inspect the sewer system without televising it. Official Rose stated that the Maintenance Department felt that it could be. MOTION: Ziebarth made a motion, seconded by Rowley, to adopt Resolution 1218 (authorizing the release of $3,870.96 from the cash escrows of development agreement No. 78 -25), Ayes -5 Nays -0 THE MOTION CARRIED. Clerk- Administrator reviewed the capital expendi- tures listed in Ordinance 298. MOTION: McCarty made a motion, seconded by Hodges to approve the second reading of Ordinance 298 (adopting the long term financial plan for 1980)and to waive the reading. Ayes Ziebarth, Hodges, Rowley, Forslund, McCarty Nays -0 THE MOTION CARRIED. ITEM J CONSENT AGENDA (Resolution No. 1218) 8. SECOND READING OF ORDINANCE #298 (ADOPTING LONG TERM FINANCIAL PLAN 1980) MOUNDS VIEW CITY COUNCIL December 22, 1980 Regular Meeting Page Four Clerk- Administrator Pauley read Ordinance 300. There was no discussion by Council. MOTION: Forslund made a motion, seconded by Rowley, to approve the first reading of Ordinance 300 (Amending the Municipal Code of Mounds View by Amending Chapter 40, "Zoning Ayes Ziebarth, Hodges, Rowley, Forslund, McCarty Nays -0 THE MOTION CARRIED. Mayor McCarty noted that there was going to be extensive revamping the first of the year regarding the administrative code. Council removed this item from the agenda. There was no report. Attorney Meyers indicated he had met with the Planning Commission before the Council meeting this evening to discuss the proposed limited use permit and joint powers agreement between Mounds View and Blaine for the property relative to the race track and south of it. Attorney Meyers informed the Council that there might be some potential boundary problems as well as drainage concerns that the Planning Commission should address. The Council directed Attorney Meyers to refer the proposed limited use permit and joint powers agreement relative to the race track property and the property south of the property by MNDOT for construction of a holding pond area to the Planning Commission for review and recommendations. Ziebarth: He distributed copies of his proposed resolution addressing the concerns dealing with the presentation of information to the public by the City Council and /or the Mayor of Mounds View to the Council. 9. FIRST READING OF ORDINANCE #300 (AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 40, "ZONING 10. FIRST READING OF ORDINANCE #301 (AMENDING ORDINANCE 240 and CHAPTER 6 OF MUNICIPAL CODE RELATING TO PERSONNEL: (REMOVED FROM AGENDA) 11. REPORT OF BUILDING AND ZONING OFFICIAL 12. REPORT OF THE CITY ATTORNEY 13. REPORT OF THE COUNCIL MEMBERS MOUNDS VIEW CITY COUNCIL December 22, 1980 Regular Meeting Page Five Mayor McCarty responded by distributing copies of his previous memo to the Council (dated 11- 24 -80) addressing this issue. (A copy of that memo is attached to these minutes). After a discussion on this issue, Mayor McCarty directed Administrator Pauley to have copies of the City Newsletter distributed to the Council at their agenda session before it went to print. If there were any corrections or comments regarding the information in the Newsletter, it could be addressed at that time. Hodges: 1. He recently attended a seminar at the DNR and received information on flood damage and he distributed this to the Council. 2. He thanked Councilmembers Rowley and Ziebarth for their participation in the Council the past two years. Rowley: 1. She noted she had liaisoned with the Ramsey County local governments and found it very beneficial. Forslund: 1. She also thanked Councilmembers Rowley and Ziebarth for their contributions to the City Council the past two years. Mayor McCarty: 1. He noted the Council will be making commission appointments the first of the year. 2. He thanked Councilmembers Rowley and Ziebarth for their individual contributions to the Council the past two years. Park and Recreation Director Anderson reviewed his December 18, 1980 memo to the Council discussing the possibility of sharing the City Forestor position with the City of New Brighton. The Council decided to discuss this issue at the next agenda session. 14. CITY FORESTER UPDATE MOUNDS VIEW CITY COUNCIL December 22, 1980 Regular Meeting Page Six Pauley: 1. Several of the clerical workers in the City Office will be attending a workshop sponsored by the University of Minnesota on "Municipalities 2. The Metropolitan Waste Control Advisory Board will be starting up in late June. He had been told also that citizens could be given appointments to this board. 3. He will be gone the remainder of this week and Don Brager will be substituting for him. MOTION: McCarty made a motion, seconded by Ziebarth to call the first organizational meeting for 1981 on January 5, 1980, at 7:30 P.M. in the City Hall. Ayes-5 Nays -0 MOTION: Rowley made a motion, seconded by Ziebarth, to adjourn the December 22, 1980, City Council meeting. Ayes -5 Nays -0 The meeting adjourned at 8:4'. ret THE MOTION CARRIED. THE MOTION CARRIED. Rpmpflctfully /Sub itted, G Donild) F. Pa ey, Clerk Administrator, 15. REPORT OF THE CLERK ADMINISTRATOR 16. ORGANIZATIONAL MEETING OF CITY COUNCIL FOR MONDAY, JANUARY 7, AT 7:30 P.M. SET 17. ADJOURNMENT '�'�:l�iO TO: 'In C(U \CIi, FRO:: '�!AY(. r '!CV ".;ia� 24, i geo ATTEMPT 'TU C EJS R 'TH13 ✓AYUR' S It is not disputed that Section 2.06 of the Home Rule Charter grants the mayor the right and the duty to "...deliver messages to the Council and the public... The key issues, then, are whether the mayor is required' by the Charter to communicate through the City Newsletter and whether the Council has the right to censor such communications. Section 12.13 of the Charter mandates that a newsletter be published by the City and Sections 7.05, 7.06, 7.10, 7.11, 10.03 11.06 designate the Newsletter as the means to convey information of general public concern and interest. Furthermore, in most instances the Newsletter is designated in place of or in addition to the official newspaper; thus the Charter clearly contemplates that not even a newspaper of general circulation is adequate publication for this type of information to say nothing of the monumental inadequacey of publication in council minutes. Officers of the Charter Commission have emphasized, as can also be inferred om a plain reading of Section 2.06 of the Charter, that the injunction to "deliver messages" is meant to provide an independant voice for the mayor in order to act, in part, as a check on a self interested council majority through the power of publicity. (It is also true that the 2- year'; term for mayor was retained by the Charter Commission in order to make the mayor especially accountable in his /her special duties.) From all of the foregoing it should oe oovious that the intent and the letter of the Charter can only oe realized by untampered access by the mayor to the Newsletter. Possible misinformation to the puolic has been offered as an excuse for an attempt to frustrate the Charter. The Council of course should be concerned about accuracy in everything that goes out in the Newsletter. However, the legitimate remedy for disagreement with a mayor is for the Council to put any disagreement in the same issue. The puolic would then have the oenefit of opposing points of view. It has been asserted that the Newsletter is a tool of the Council. This can certainly be a secondary function, but it should not be forgotten that the purpose established by the Charter is to convey particular kinds of information to the public, and that the Council cannot interfere with this central purpose. t has been maintained that the mayor should represent the Council in Newsletter. Section 2.06 of the Char that the mayor she v reside over council meetings, not repre8ent the .Council, and epea under what circumstan the mayor will act as head of the city gov (.N ote that in these! circumstances "city government" includes mor t2 ouncil.} In any case Twill not be a party to deception of the Pub through use of %the name of the mayor as a front for the Council. Finally, it would be appropriate for complaining councilmembers. rsme0 at I went to the trouble and personal expense of Putting out a f order to avoid any charge of unfair advantage where individual council members were involved. RESOLUTION NO. 1221 CITY OF MOUNDS VIEW COUNTY OF. RAMSEY STATE OF MINNESOTA PUBLICATION AND PRESENTATION OF INFORMATION TO THE PUBLIC BY THE CITY COUNCIL AND BY THE MAYOR ON BEHALF OF THE CITY COUNCIL. WHEREAS, the City Council of Mounds View recognizes its responsibility of keeping the public accurately informed; WHEREAS, it is the City Council's goal to present credible and honest information in its City Newsletter; WHEREAS, specific articles previously published in the City Newsletter met neither the intent nor the purposes of the City Council in this regard;' NOW, THEREFORE BE IT RESOLVED, that the City Council by total consensus agree to the content of all public messages presented in the City Newsletter by the City Council or by the Mayor on behalf of the City Council prior to its date of publication. BE IT FURTHER RESOLVED, that all other public messages presented by the City Council or on behalf of the City Council be presented in form at an agenda session preceding its presentation at a regularly scheduled council meeting.