HomeMy WebLinkAboutMinutes - 1983/03/28CITY COUNCIL MEETING
CITY OF MOUNDS VIEW
6:30 p.m. City Council- Planning Commission Work Session Regarding
Proposal of Tony Poppelaars
1. Call to Order
2. Roll Call Blanchard,
3. Approval of Minutes:
March 28, 1983
7:30 p.m.
A G E N D A
Doty, Linke, Hankner, McCarty
March 14, 1983 (Regular Meeting)
(Received above in your 3/21/83 packet.)
4. Public Hearing 7:40 p.m. 1983 Water and Sewer Utility
Budgets and Rates
5. Residents Requests and Comments from the Floor
CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR
FULL NAME AND ADDRESS FOR THE MINUTES
6. Approval of Consent Agenda
ITEM A. Approve Resolution No. 1576 Opposing the Identification
of Fridley Site A as a Hazardous Waste Processing Area
ITEM B. Accept Certificates of Insurance from Non Intoxicating
Liquor Licensees
ITEM C. Approve Resolution No. 1579 Approving the Appointment of
Linda Meyer as a Regular Part Time City Employee
ITEM D. Approve Resolution No. 1580 Commending James Benjamin
Crowl, III for Achieving Eagle Scout Status
ITEM E. Approve Resolution No. 1581 Commending Jeffrey Albert
Crowl for Achieving Eagle Scout Status
ITEM F. Approve Resolution No. 1582 Commending Matthew Joseph
Seidl for Achieving Eagle Scout Status
ITEM G. Approve Resolution No. 1583 Commending Gregory Donald
Worden for Achieving Eagle Scout Status
continued-
AGENDA
March 28, 1983
Page Two
6. Approval of Consent Agenda (cont.)
ITEM H. Approve Resolution No. 1587 Authorizing Clerk- Administrator,
and Mayor to Execute Development Agreement No. 83 -56
with Mermaid Supper Club
ITEM I. Licenses for Approval
ITEM J. Approve Resolution No. 1586 Approving Just and Correct
Claims Against City Funds
7. Consideration of Tony Poppelaars Wetland Alteration Permit for
Lots 1 and 2, Block 2, Park View Terrace
8. Consideration of Extension of Edgewood Square Development
Agreement
9. Acknowledge Receipt of Notification of Appointment of Sergeant
Timothy Smith as Acting Police Chief by Civil Service Commission
10. Consideration of Police Department Memorandum Regarding Community
Service Officer Program
11. Report of Director of Public Works /Community Development
12. Report of Attorney
13. Report of Councilmembers
14. Report of Administrator
15. Adjournment
CONSENT AGENDA
March 28, 1983
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 Councilmember, any item can
be removed from the Consent Agenda and placed upon the Regular Agenda
for debate.
ITEM A. Adopt Resolution No. 1576 Opposing the Identification
of Fridley Site A as a Hazardous Waste Processing Area
ITEM B. Accept Certificates of Insurance from Non Intoxicating
Liquor Licensees
ITEM C. Adopt Resolution No. 1579 Approving the Appointment of
Linda Meyer as a Regular Part Time City Employee
ITEM D. Adopt Resolution No. 1580 Commending James Benjamin Crowl, III
for Achieving Eagle Scout Status
ITEM E. Adopt Resolution No. 1581 Commending Jeffrey Albert Crowl
for Achieving Eagle Scout Status
ITEM F. Adopt Resolution No. 1582 Commending Matthew Joseph Seidl
for Achieving Eagle Scout Status
ITEM G. Adopt Resolution No. 1583 Commending Gregory Donald Worden
for Achieving Eagle Scout Status
ITEM H. Adopt Resolution No. 1587 Authorizing Clerk Administrator
and Mayor to Execute Development Agreement No. 83 -56 with
Mermaid Supper Club
ITEM I. Licenses for Approval
Carnival May 10 thru May 15, 1983
O'Neil United Shows New
Garbage Haulers Expire 3/31/84
Larry's Quality Sanitation Renewal
General Expire 6/30/83
L M Contractors New
Elmer T. Peterson Construction New
Masonry Expire 6/30/83
Hinnenkamp Masonry New
Other Expire 6/30/83
Minnesota Package Products (Pacific Pool Patio) New
Sewer Water Expire 6/30/83
K's Mechanical Excavating New
ITEM J. Adopt Resolution No. 1586 Approving Just and Correct Claims
Against City Funds
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
MEMBERS PRESENT: Councilmembers Blanchard, Doty,
Linke, Hankner and Mayor McCarty.
ALSO PRESENT: City Attorney Meyers, Clerk /Admini-
strator Pauley and Public Works /Community Development
Director Johnson.
Motion /Second: Doty /Linke to approve the March 14,
1983 minutes as presented.
5 ayes 0 nays
M.. Miller informed the Council he would like to
proceed with his development, and asked what the
proper procedure would be to follow.
Director Johnson stated that the preliminary plat
had been approved, with final approval being
conditional upon the execution of the development
agreement. Mayor McCarty_ suggested Mr. Miller
check with Staff, and if he did so immediately,
Council could discuss it at their next work session.
Mayor McCarty closed the regular meeting and opened
the water and sewer utility budget and rate hearing
at 7:40 PM.
Clerk/Administrator Pauley ;;ave a brief summary of
the report Stafr had presented to the Council at
their special session on March 19.
Director Johnson gave a presentation, explaining
life cycle costing as it applies to utility systems.
He presented pictures of water meters and roots
found in the sewer system, as well as a sample of
water ta'cen from a residents home during the winter.
DATE APPROVED: 4 11 83
Regular Meeting
March 28, 1933
Mounds View City Hall
2401 Hwy. 10, Mounds View, MN 55112
The Mounds View City Council was called to order 1. Call to Order
by Mayor McCarty at 7:36 PM on March 28, 1983.
2. Roll Call
3. Approval of
Minutes:
March 14, 1983
Motion Carried
4. Residents
Requests and
Comments from
the Floor
5 1983 Water and
Sewer Utility
Budgets and
Rates Public
Hearing
Mounds View City Council March 28, 1983
Regular Meeting Page Two
He showed maps of the sewer and water system in Mounds
View, depicting when they were built, and summarized
with his recommendations for both the sewer and water
systems.
His recommendations included a maintenance program for
the water system to the year 2000 at a cost of $42,500
per year and a 3 -5 year capital improvement program at
a cost of $328,800. He also recommended an inspection,
maintenance and improvement program for the sewer system
at an annual cost of $33,100.
Finance Director Brager gave a presentation, stating
that Staff has made a detailed financial analysis of
the situation, and presented a proposed budget for
both the sewer and water systems. Finance Director
Brager reviewed the previous rates charged, versus
the proposed rates and the difference in cost in the
County's billing to the users.
The Council thanked Staff for the excellent job they
have done on this project.
Josey Warren thanked Staff for the thorough presen-
tation they made on March 19 and for the public
hearing. She stated that as far as rates are concerned,
she felt Staff's recommendations are very favorable,
and that while they are proposing a large percentage
increase, the City has not increased the water rates
since 1980, so when averaged out, would represent
approximately an 8% increase. She recommended that
funds be dedicated to cover maintenance and replacement
costs, and asked how the problem of a large increase
in one year could be avoided in the future, and recom-
mended appointing a citizens panel to review the problem
and make a recommendation to the Council.
Councilmember Doty replied that the Council must
set the rates yearly, and in order to avoid a yearly
increase, would have to set them higher now to plan
for the future. He added he was not sure a citizens
group would be able to help out.
Mayor McCarty stated that maintenance to this point
has been a repair by crisis program, and they have found
the rates were not set high enough to meet the
depreciation rate of the equipment, and knowledge
of the history of the City was necessary to understand how
the problem occurred. He pointed out that Finance
Director Brager was hired in the summer of 1978 and engineering
expertise was recently made available via staff reorganization
which has given the City additional talent to r utility
problems. He added that while he is in favor of citizens groups,
the Council was elected to represent the citizens and serve them
and the Council and staff had already addressed most of Ms. Warren's
suggestions.
Mounds View City Council March 28, 1983
Regular Meeting Page Three
Ms. Warren replied that as inflation occurs, the
net income will be eliminated, and the Council
should look at it and overcome this on -going
process.
Mayor McCarty closed the public hearing and reopened
the regular meeting at 8:25 PM.
Motion /Second: Linke /Blanchard to approve Reso-
lution No. 1584, accepting the 1983 water and
sewer systems maintenance and capital improvement
program, and waive the reading of the resolution.
5 ayes 0 nays
Motion /Second: Doty /Blanchard to approve Reso-
lution No. 1585, adopting the 1983 water and sewer
utility budgets and increasing the water and sewer
rates, and waive the reading of the resolution.
Motion /Second: Doty /Linke to approve the consent
agenda as presented, and waive the reading of the
resolutions, and note that there are resolutions
commending four Boy Scouts within the City, and
have the Clerk /Administrator read one of the
resolutions, with the names of the boys.
5 ayes 0 nays
Councilmember
Councilmember
Councilmember
Councilmember
Mayor McCarty
Blanchard aye
Doty aye
Linke aye
Hankner aye
aye
Clerk /Administrator Pauley reported that James
Benjamin Crowl, III, Jeffrey Albert Crowl,
Matthew Joseph Seidl, and Gregory Donald Worden
had all been awarded Eagle Scout status, and
read Resolution No. 1580. He added that they
will be invited to the first April meeting,
where they will be presented with signed, framed
copies of the resolutions from the Council.
Councilmember Doty stated there is sufficient
area for the developer to develop under R -3,
without filling in the wetland, and that he
would still have to install some type of runoff
containment, with drainage going into the
wetland area to some degree.
Motion /Second: Doty /McCarty to not allow
filling of the wetland on the Poppelaars development
proposal, citing Chapter 49, Sub 2A, 2F, 2H and 2I,
and 48.02, 48.03 and 48.04 of the City code, and
portions of Chapter 49 of the flood plain zoning
Motion Carried
Motion Carried
6. Approval of
Consent Agenda
Motion Carried
7. Consideration of
Tony Poppelaars
Wetland Alteration
Permit for Lots 1
and 2, Park View
Terrace
Mounds View City Council March 28, 1983
Regular Meeting Page Four
ordinance, and if needed, have the item carried
on to another meeting to allow for further research
by Staff, and to have a resolution drafted.
4 ayes 1 nay
Councilmember Hankner voted against the motion.
There was considerable discussion between the
Council and Attorney Meyers regarding the develop-
ment of the land and the use of the lots, and
whether both lots should be considered together
or separately.
Motion /Second: McCarty /Doty to amend the previous
motion to include notification of denial of the
wetland alteration plus sending Lot 1 back for
further consideration by the Planning Commission.
5 ayes 0 nays
Director Johnson reviewed Staff's memo to the
Council. He stated the drainage issue has been
resolved with the applicant, with conditions to
be set forth in the development agreement.
Attorney Meyers reported a hearing was held on
the preliminary plat, and approval of the final
plat was given, but the development agreement has
never been entered into, with approval of the
final plat being contingent upon entering into
the development agreement. Thus, he stated,
there is nothing to extend. He stated the ordi-
nance provides that the plan be recorded within
120 days of approval of the final plat or the
entering into the development agreement. However,
a 120 day extension is allowed under certain
circumstances.
Attorney Meyers stated he understood there may
be another developer involved now, and that the
transfer would require approval of the Council,
to insure the new developer will meet all the
requirements the original developer entered into.
Mr. Eigenheer replied that the other developer
is still not definite, and is dependent upon how
he progresses with the City. He stated he has
been held up subject to the drainage easement on
County Road I, and has been between the County,
St. Paul Waterworks, and City of Mounds View as to
who will install the culverts.
Attorney Meyers stated a 120 day extension could
be granted to file the final plat, contingent
upon entering into the development between
Mr. Eigenheer and the City, and further approval
would be needed to transfer to another developer.
Motion Carried
Motion Carried
8. Consideration of
Extension of
Edgewood Square
Development
Agreement
Mounds View City Council
Regular Meeting
Motion /Second: McCarty /Hankner that the Council
approve the drainage plan for the Edgewood Square
development, and grant a 120 day extention on the
filing of the final plat, with final approval
based on Mr. Eigenheer entering into a development
agreement with the Council.
5 ayes 0 nays
John Peterson of Good Value Homes, 1416 93rd Lane,
Blaine, introduced himself as the potential buyer
and stated he has an agreement with Mr. Eigenheer
to purchase the property, contingent upon Mr.
Eigenheer receiving approval of the final plat and
development agreement.
Mr. Eigenheer stated that with approval, he would
like to have the name changed on the developemnt
agreement from Eigenheer Enterprises to Good Value
Homes. Mayor McCarty replied he should submit the
necessary information to Staff to have the name
changed.
Attorney Meyers reported the Civil Service
Commission is certifying Sergeant Timothy Smith
to be appointed Acting Police Chief of the Mounds
View Police Department. He reviewed the time
constraints and requirements of the provisional
appointment.
Motion /Second: Doty /Blanchard to appoint
Sergeant Timothy Smith as provisional Police Chief
for the City of Mounds View, effective April 1, 1983.
5 ayes 0 nays
Mayor McCarty reported Staff has recommended
hiring a Community Service Officer the middle
of April or begining of May, and it is a budgeted
item.
Motion /Second: McCarty /Linke to authorize Staff
to hire a Community Service Officer, with the
beginning and ending periods at the discretion
of the Clerk /Administrator, at the hourly rate
stipulated in the 1983 budget.
5 ayes 0 nays
Director Johnson reported he had received a letter
from Commissioner Braun of MnDOT regarding a meeting
on April 8. He gave copes of the letter to the
Council and stated he would be attending the meeting.
March 28, 1983
Page Five
Motion Carried
9. Acknowledge
Receipt of
Notification
of Appointment
of Sergeant
Timothy Smith
as Acting
Police Chief
by Civil Ser-
vice Commission
Motion Carried
10. Consideration
of Police
Dept. Memo
Regarding
Community
Service Officer
Program
Motion Carried
11. Report of
Director of
Public Works/
Community Dvlp.
Mounds View City Council March 28, 1983
Regular. Meeting Page Six
Director Johnson reported the jet rodder needs
some major maintenance work that was not entirely
budgeted for in 1983. He reviewed the proposed
work and costs.
Motion /Second: McCarty /Doty that the Council
approve the jet rodder maintenance, to be paid from
the sewer maintenance fund, for $1200.00, and
transfer from the equipment maintenance fund in the
1983 budget for a total of $2,050.00.
5 ayes
0 nays Motion Carried
Attorney Meyers reported he had spoken to the
bonding company for GTF, Inc., and their attorney,
and they are responding to the City's request to
have the work completed, and they will either get
the contractor back or will get a new contractor
out.
Clerk /Administrator Pauley reported he had just
received a letter from the bonding company, and
reviewed it for the Council.
Attorney Meyers reported that Mr. Jambor has
applied for a wine license at the Bel Rae Ballroom,
and the Council could issue a wine license under
Chapter 100 of the municipal code, and that it would
not count under the number of intoxicating liquor
licenses the City can issue. He stated the fees
would have to be reviewed but that the wine license
is to be issued to a restaurant that regularly
serves meals to the general public, and the Council
would have to decide if they felt Mr. Jambor
regularly served meals.
Clerk /Administrator Pauley added that fees have
already been set.
Motion /Second: McCarty /Hankner to approve the
issuance of a wine license to the Bel Ballroom,
Mr. Tony Jambor under Chapter 100.
5 ayes 0 nays
Mayor McCarty stated it had come to his attention that
the DFL Club was using the name "City of Mounds View" on their
literature and felt action should be taken to halt it.
Attorney Meyers statod that it was not permissable for others to
use the corporate name of the City.
Motion /Second: McCarty /Doty to direct Attorney Meyers to send a
letter to formuily notify the DFL Club and W request that they
cease using the corporate name of the City on club literature.
2 ayes 3 nays Linke. Hanknpr. Blanchard
12. Report of
Attorney
Motion Carried
Mounds View City Council
Regular Meeting
Counci menbers Linke, Blanchard, and Hankner voted
against the motion, and they all stated that while
they did not object to contacting the DFL Club, they
felt it should be handled by a more informal coma nication
than an official letter.
Notion /Second: McCarty/Doty to direct Attrney Meyers to
determine and report if there has been a violation to the
statutes addressing corporations in protecting the use of corporate
names in Minnesota and whether the refusal to act by the three
dissenting Councilmenbers on the previous motion was a violation
of their oath of office which charges them to enforce the laws of
the State and the ordinances of the City.
2 ayes
5 ayes
0 nays 3 abstentions Linke, Hankner, Blanchard
Mayor McCarty called a 5 minute recess. Upon calling
the meeting back to order, he stated he had reviewed
Roberts Rules of Order and City ordinances on Council
actions with Attorney Meyers and it had been determined that
in light of the abstaining votes the notion passed 2 ayes 0 nays
with abstentions counted to the prevailing side.
March 28, 1983
Page Seven
Councilmember Blanchard reported the Mounds View 13. Reports of
Lions Club would be holding an. Easter Egg Hunt at Councilmembers
City Hall on April 2, for those ten years old and
younger. She asked that a notice be put on the
sign board in front of City Hall.
Councilmember Doty reported he had attended a
portion of the Park and Rec Commission meeting on
March 24 and gave the highlights of the meeting.
Motion /Second: Linke Hankner to direct the Clerk/
Administrator or City Attorney to contact the
Mounds View DFL Club and discuss with them, in an
informal setting, the misuse of the City's corporate name.
5 ayes 0 nays Motion Carried
Councilmember Hankner reported she had been approached
by a member of the Groveland Park Association, who
would like to address the Council. Mayor McCarty
asked that they wait until the end of the meeting.
Motion /Second: McCarty /Doty to approve Resolution
No. 1588, opposing the upgrading of the Anoka County
Blaine Airport, and waive the reading of the resolution.
0 nays Motion Carried
Mounds View City Council March 28, 1983
Regular Meeting Page Eight
Motion /Second: McCarty /Doty that notification be sent
to our State Legislators, Representative Gordon Voss,
Representative Dan Knuth and Senator Steven Novak,
that the Mounds View City Council reaffirms our opposi-
tion to installation of precision instrument landing
systems at the Anoka County Blaine Airport. Further,
that it is the city of Mounds View's opinion that installa-
tion of such precision instrument landing systems is
contrary to provisions in Minnesota Statutes 473.641,
Subd. 4, 473.181, Subd. 5, and 473.611, Subd. 5. Finally,
a copy of the letter of position regarding this matter,
from the City Attorney to Mr. Charles Weaver, dated
October 27, 1981 be forwarded to our legislators.
5 ayes 0 nays
Councilmember Hankner asked what was included in the
October 27, 1981 letter, as she had never seen it.
Mayor McCarty summarized the letter.
4 ayes
Councilmember Hankner voted against the motion.
Paul Fedor of the Mounds View Lions Club, and Stan
Haugen, of the Groveland Park Association, addressed
the Council and asked for a clarification on where the
Council stands on the Lions Club holding a casino
night at the Bel -Rae Ballroom. Mr. Fedor stated the
Lions Club would like to financially assist the
Groveland Park Association, but needs a major fund-
raising event to do so. He stated they would like
to have a joint casino night, but they understand
there is a problem with the law that stipulates
liquor cannot be served in conjunction with gambling.
He stated they would be willing to guarantee that
no liquor would be sold by anyone, nor any liquor
be consumed on the premises.
Attorney Meyers stated he felt the Lions would qualify
for an exemption but that the Groveland Park Association
would not, as they would have had to be in existence
Motion Carried
Clerk /Administrator Pauley reported that in the 14. Report of
League of Minnesota Cities Legislative Bulletin, Administrator
there was an article about House File 748, which
would have a significant impact upon the labor
laws and would effect the City. He reviewed the
proposed revisions and stated he would be contacting
our legislators that the City was taking with extreme
umbrage the provisions of the bill, and will be
putting a resolution together for Council consideration.
Motion /Second: Doty /McCarty to approve Resolution
No. 1589 opposing House File 748, leaving the body of
the resolution to Clerk /Administrator Pauley.
1 nay Motion Carried
Mounds View City Council March 28, 1983
Regular Meeting Page Nine
fo six months, with at least 30 dues paying members.
Mr. Haugen stated they would be willing to run things
through the Lions Club.
Attorney Meyers reviewed some portions of the code
regarding liquor and gambling. He stated that not
serving liquor does not solve the problem according
to the law.
Mr. Fedor stated he could understand the problems the
City had earlier by allowing gambling at the Bel-Rae,
and suggested that if the ordinance is changed, the
Council consider raising the fees to an appreciable
amount, and consider waiving portions of the fee,
dependent upon the worth of the organization to the
City.
Councilmember Linke pointed out fees are set by
resolution.
Attorney Meyers stated they could make an exception
under 107, which could allow this, and should not
change the liquor ordinance.
Motion /Second: McCarty /Doty to table the Lions Club
request until the next regular Council meeting, giving
Staff an opportunity to thoroughly research the request
and come up with a recommendation for the Council.
5 ayes 0 nays
Mr. Fedor reminded the Council of the Easter Egg Hunt
on April 2 and asked for all available Council members
to be present. He also asked permission for the Lions
Club to present a check to the Groveland Park Association,
at the next Council meeting, and have pictures taken by
the press. The Council granted approval.
Councilmember Doty asked that Staff specify the types
of gambling allowed under State law. Clerk /Administrator
Pauley replied it is set in 107.
Motion /Second: Doty /Linke to adjourn the meeting at 15. Adjournment
10:02 PM.
5 ayes
0 nays Motion Carried
pectfully s}a-bmrtted,
s1/ 7
Don Ft Pley
Clerk /Admini trator
Motion Carried