Loading...
HomeMy WebLinkAboutMinutes - 1983/10/24CITY COUNCIL MEETING CITY OF MOUNDS VIEW October 24, 1983 7:30 p.m. A G E N L A 1. Call to Order 2. Roll Call Hankner, Blanchard, Doty, Linke, McCarty 3. Approval of Minutes: October 10, 1983 (Regular Meeting) 4. Public Hearing 7:40 p.m. Amendment to Chapter 48 Wetlands Zoning Ordinance 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. Authorize the Adjustment of the Second Quarter 1983 Water Bill for Mr. Mrs. Tim Jarrett, 2841 Woodale Drive, from $140.96 to a New Billing of $35.93 Due to a Possible Malfunction in the Meter ITEM B. Approve Resolution No. 1672 Approving Planning Case 142 -83, A Minor Subdivision ITEM C. Approve Resolution No. 1671 Encouraging the Consi- deration of Improvements to County Road J /85th Street by Anoka and Ramsey Counties ITEM D. Approve 1984 Fire Department Budget Dated September 26, 1983 Reflecting a Mounds View Contribution in the Amount of $97,135 ITEM E. Approve Resolution No. 1674 Adopting a Purchasing Policy ITEM F. Approve Resolution No. 1673 Amending Resolution No. 1663 Levying a Tax for Delinquent Utility Charges Over a One Year Period continued- AGENDA October 24, 1983 Page Two 6. Approval of Consent Agenda (cont.) ITEM G. Authorize the Mayor and Clerk- Administrator Enter into a Contract with Corporate Risk Managers, Inc. in the Amount of $3,325 and the Transfer of the Same Sum from Account No. 100- 190 -4480 to Account No. 100 190 -4303 ITEM H. Licenses for Approval ITEM I. Approve Resolution No. 1675 Approving Just and Correct Claims Against City Funds 7. Consideration of Application from Kathy Pomerleau for Appointment to the Festivities Commission 8. Third Quarter 1983 Department Head Report Acting Police Chief Tim Smith 9. Consideration of Employment Arrangements (full -time vs. consulting) for Director of Public Works /Community Development 10. Second Reading and Adoption of Ordinance No. 349 Amending the Municipal Code of the City of Mounds View by Repealing Chapter 35, Entitled "The Festivities Commission" and Adopting a New Chapter 35 Entitled "Mounds View Festivities Commission" 11. Consideration of Staff Recommendation for the Contracting of St. Stephen Street Storm Water Drainage Corrections 12. Report of Director of Public Works /Comunity Development 13. Report of Attorney 14. Report of Councilmembers Hankner, Blanchard, Doty, Linke, McCarty 15. Report of Administrator 16. Adjournment CONSENT AGENDA October 24, 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 place upon the Regular Agenda for debate. ITEM A. Authorize the Adjustment of the Second Quarter 1983 Water Bill for Mr. Mrs. Tim Jarrett, 2841 Woodale Drive, from $140.96 to a New Billing of $35.93 Due to a Possible Malfunction in the Meter ITEM B. Adopt Resolution No. 1672 Approving Planning Case 142 -83, A Minor Subdivision ITEM C. Adopt Resolution No. 1671 Encouraging the Consideration of Improvements to County Road J /85th Street by Anoka and Ramsey Counties ITEM D. Approve 1984 Fire Department Budget Dated September 26, 1983 Reflecting a Mounds View Contribution in the Amount of $97,135 ITEM E. Adopt Resolution No. 1674 Adopting a Purchasing Policy ITEM F. Adopt Resolution No. 1673 Amending Resolution No. 1663 Levying a Tax for Delinquent Utility Charges Over a One Year Period ITEM G. Authorize the Mayor and Clerk Administrator Enter into a Con,:ract with Corporate Risk Managers, Inc. in the Amount of $3,325 and the Transfer of the Same Sum from Account No. 100 190 -4480 to Account No. 100 -190 -4303 ITEM H. Licenses for Approval Cement Expire 6/30/84 Sarco Construction New General Expire 6/30/84 D.W. Construction Renewal Rod Johnson Building Renewal Heating Air Conditioning Expire 6/30/84 Bill's Sheet Metal New Sewer Water Expire 6/30/84 Western Excavating (Don Weld Plumbing) New ITEM I. Adopt Resolution No. 1675 Approving Just and Correct Claims Against City Funds PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY MINNESOTA Motion /Second: Linke /Blanchard to approve the October 10, 1983 minutes as corrected. 5 ayes 0 nays Mayor McCarty closed the regular meeting and opened the public hearing at 7:41 PM. There was no one present with questions for the Council. Mr. John Miller stated he would like to make sure everything that has been submitted to the City would become a part of the record. He stated they submitted a preliminary plat in 1980 and that the moratorium ordinance went into effect in 1981, after the Council had acted on the preliminary plat. This has stalled the project. Mr. Miller stated that the purpose of the public hearing tonight was for the Council to consider amending the wetlands map, and he pointed out that he had met with the Council on October 21, 1982 and told them the wetlands map was in error, and he has continued to tell them that. Mr. Miller asked that the Council be sure to take into consideration his letter of October 20, 1983, stating that he had reviewed the Braun Engineering DATE APPROVED: 11/14/83 Regular Meeting October 24, 1983 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 The Mounds View City Council was called to order by 1. Call to Order Mayor McCarty at 7 :30 PM on October 24, 1983. MEMBERS PRESENT: Councilmembers Hankner, Blanchard, 2. Roll Call Doty, Linke, and Mayor McCarty ALSO PRESENT: City Attorney Meyers, Clerk/ Administrator Pauley and Public Works /Community Development Director Johnson. 3. Approval of Minutes: October 10, 1983 Motion Carried 4. Public Hearing Amend.'nent to Chapter 48, Wetland. Zoning Ordinance Mounds View City Council October 24, 1983 Regular Meeting Page Two report with his consultants, Barr Engineering, and they were in substantial agreement with it. He asked that the Braun Engineering report be accepted by the City so he could proceed with Phase 1 of their development. Bruce Malkerson, attorney for the Millers, asked that by reference, everything that had been pre- sented to the City to date regarding the Miller property be incorporated into the record, including all exhibits, correspondence, maps and so forth. Director Johnson asked. the Council to consider also entering into the records the letters received from Tom Peterson of the Minnesota Soil and Water Conservation District, dated October 19, 1983,and the one from Dr. Russell Adams, from the Ramsey Soil and Water Conservation District, dated October 20, 1983. Attorney Meyers advised that the issue to be decided during this hearing was to consider a redelineation of wetlands on the Miller property. Director Johnson made a presentation, using a map of the area, showing the different wetland boundaries established by the Wetland Ordinance and Barr and Braun reports for the area. Mr. Malkerson asked that the map be marked for future reference. The Council labeled the map Public Hearing Exhibit 1, dated October 24, 1983, which is a compilation, subject to refinement, of the boundary delineations from discussions in the public hearing. Mr. Jim Miller presented the Council with a micro fich reproduction of construction plans from the County Highway Department, which shows the actual area around 85th Avenue North, and the location of the culvert that was placed on the property. Director Johnson clarified the purpose of the cul- vert, stating that it had been installed flat, and they had not been able to locate the culvert in the field, to see what condition it was in, noting that it was installed over 50 years ago. Mr. Miller's map was labeled Public Hearing Exhibit 2, with the notation that the culvert had not been proven to be there. Mr. Miller explained they have dug in the area they believe the culvert to be in, and they have found evidence of material that would be located at the entrance to a culvert. He added that Barr Engineering had made notations of the elevations Mounds View City Council October 24, 1983 Regular Meeting Page Three of the area and their property is considerably higher than the ditch on 85th Avenue. He stated if there was a culvert there, the water would drain off. John Miller noted that Mr. Kramer of Barr Engineering had stated before that ,,ester would drain off the property. Jim Miller stated that reference had been made to that fact in the wetlands alter_ ion permit application. Mayor McCarty expressed concern with having the schematics entered into the minutes, as there were too many ambiguities. Councilmember Hankner noted that page 4 of the Barr report addresses the issue of the culvert and drainage. Mayor McCarty closed the public hearing and reopened the regular meeting at 8:04 PM. Councilmember Linke stated he would prefer to deal with 1 -22 separately, as the Braun Engineering report states it does not function as a wetland. Motion /Second: Linke /Hankner to direct Staff to prepare an ordinance, to eliminate in its entirety, the wetland now designated and shown as 1 -22. 4 ayes 1 nay Councilmember Doty voted against the motion, stating he did not believe the evidence warranted the motion at this time. Councilmember Linke stated his reasons for the motion were that conditions have changed according to what the City initially thought when the ordinance was drafted, and there was an error when the report was prepared. There was considerable discussion among the Council as to what documentation there is to support the belief there were errors. Councilmember Linke pointed out the two consulting firms have not put in writing that errors were made, but they have verbally stated it. Mayor McCarty noted the report refers to run -off for the development and has nothing to do with 1 -22. Attorney Meyers reminded the Council a 4/5 vote is required, and they must have a rational basis Motion Carried Mounds View City Council October 24, 1983 Rcjular Meeting Page Four for implementing a change in the ordinance. Neil Loeding questioned the addendum to the Barr report, regarding the wetland data sheet. Mr. Malkerson referred to Chapter 48.01, Subd. 3 a, reviewing the requirements, and stated it is the Miller's position that the area identified as 1 -22 is so small in size and unrelated to the other areas that it never should have been identified as an existing, functional wetland. He added that while the Council may have written reports which may or may not say something, the Courts have said City Councils are responsible to listen to all parties, and make their conclusions by what facts are deemed relevant. He stated that if the Council believes the wetland does not function in the way it should be in order to be protected, they should make their decision and vote accordingly, interpreting the facts and applying them to the question before them. Mayor McCarty stated he was not sure anyone could address the adverse precedence of removing a wetland, as it relates to other similar situations in the City. Councilmember Hankner pointed out the question was put to the experts at Barr and Braun, and there is a question if the area is functioning as a wetland. Mr. Malkerson stated he believes it is important procedurally for the Council to vote on an ordinance that has all the language in it, and that Staff should be directed to prepare it so that everyone knows what they are voting on. He also agreed that the authorization to prepare this ordinance is not a final vote but only the preparation of an ordinance to be considered by the Council. Motion /Second: McCarty /Linke to amend the main motion to include, in concurrence with drafting of the ordinance, written reports from the engineers and professionals involved in the preparation of the Barr and Braun reports, specifically Dr. Russell Adams, to convey to the Council in writing, the actual facts regarding the function of wetland 1 -22. 5 ayes 0 nays Motion /Second: Hankner /Blanchard to direct staff to draft an amendment to the ordinance to redefine the wetland boundaries of 1 -23 according to the Braun report. 5 ayes 0 nays Motion Carried Motion Carried Mounds View City Council October 24, 1983 Regular Meeting Page Five Councilmember Hankner explained her reasons for the motion, both the errors and the change in conditions, and at the time the ordinance was adopted, it was understood that the inventory that was adopted of the wetland map covered a certain amount of the area, and because the City has done some ran -site data collection, they have discovered it is not what it was thought to be. Mayor McCarty stated there must be an understanding that the Phase II proposal, goes further into the wetlands still than what the ordinance contemplates. and they must not maximize exploitation of the property. Mr. Malkerson pointed out the Miller's have spent a great deal of time and money for engineers and draftsmen to prepare all the plans that have been requested to date, and they need a more definite direction from the Council, and they need the issue voted on, so they can proceed to come up with a redefinition so they can take the next step. Mayor McCarty asked if the Miller's would be willing to withdraw their request for a subdivision for Phase I and Phase II, until clarifications of the delineations of the wetland. John Miller stated they are not requesting Phase II. Motion /Second: McCarty /Doty to amend the main motion, that the redelineation of the wetland not be construed as approval of the proposal for Phase I or Phase II for the subdivisions. 5 ayes 0 nays Acting Police Chief Smith reported 512 citations had been issued in the third quarter for traffic offenses, with 81 adults arrested for crimes other than traffic violations. He reported everything is going very well with the outdoor volleyball at the Loose Ends nightclub, and that everything went well with the Mermaid grand re- opening. Acting Chief Smith reported they had had their annual qualification for firearms, and one officer has completed the course on firearms instruction. T_.ere were no residents requests or comments from the floor. Motion Carried 5. 3rd Quarter 1983 Department Head Report Acting Police Chief Smith 6. Residents Re- quests and Comments from the Floor Mounds View City Council October 24, 1983 Regular Meeting Page Six Motion /Second: Blanchard /Hankner to approve the consent agenda, as presented, and waive the reading of the resolutions. 5 ayes 0 nays Mayor McCarty requested the Council's concurrence with the proposed appointment of Kathy Pomerleau to the Festivities Commission. Motion /Second: Doty /Linke to appoint Kathy Pomerleau to the Festivities Commission, in concurrence with Mayor McCarty's request. 5 ayes 0 nays Motion /Second: Linke /Hankner to deny the Director of Public Works /Community Development position to be held by an outside consultant. However, the Council can make other arrangements with the person in that position for how the benefit package would be handled in the way of pay -outs, but that the person in that position be under all current policies in regard to the other department heads within the City staff. 3 ayes 2 nays Mayor McCarty and Councilmember Doty voted against the motion. Mayor McCarty reviewed the discussion at the 7 PM special meeting, held earlier in the evening, to discuss Mr. Johnson's request to continue as a consultant, rather than a full time employee, and the areas the Council was in agreement with. Director Johnson stated the key issue is that there be an employment contract that allows him to do certain things with the IRS that he would not be able to do as a full time employee. Attorney Meyers advised that the position could not be both, that it is either a full time position or a consulting position, and that if it is a consultant position, the terms and conditions should be set out in an agreement. Clerk /Administrator Pauley advised that under IRS regulations, Director Johnson could stipulate on his W -4 that he wanted no deductions withheld. He also advised that if Director Johnson was to become a full time employee, he Would be required by law to have PERA, Social Security, werkers- eemp -and unempleb ent -eemr) and State Income taxes withheld. 7. Approval of Consent Agenda Motion Carried 8. Consideration of Application from Kathy Pomerleau for Appointment to Festivities Commission Motion Carried 9. Consideration of Employment Arrangements for Director of Public Works/ Community Dvlp. Motion Carried Mounds View City Council October 24, 1983 Reg' Meeting Page Seven Motion /Second: McCarty /Doty to amend the main motion to continue John Johnson's consultant status for the first quarter of 1984, and reconsider the main motion at that time. 2 ayes 3 nays Councilmembers Linke, Blanchard and Hankner voted against the motion, stating they believed it was important to have someone in that position as a full time employee beginning at the first of the year, and that it is necessary to have someone at City Hall full time, and that they could foresee problems arising with the other department heads over privleges granted to someone on a consultant basis, and that they need consistency in management for moralereasons, and effective operation of the department. Mayor McCarty stated he felt it was important for Mr. Johnson to continue at least through the first quarter of 1984, due to the many programs that have been started that he did not want left without supervision. Councilmember Linke pointed out that at any given time, there are new projects starting up, and unfinished projects to be completed, and the end of the first quarter of 1984 would not be that different than any other time during the year. Councilmember Doty stated that Mr. Johnson has brought many skills to the City, which have benefited the City. He stated he was aware they have had problems with him in the manager/ department head role, but he did not feel they were that bad. He added that he is not opposed to the position being a full time department head position. Motion /Second: McCarty /Blanchard to approve the second reading and adoption of Ordinance No. 349, as amended, and waive the reading. Councilmember Councilmember Councilmember Councilmember Mayor McCarty Hankner aye Blanchard aye Doty aye Linke aye aye Director Johnson reviewed his memo of October 20, to the Council, regarding his recommendation for the storm sewer construction on St. Stephen Street. Motion Failed 10. 2nd Reading and Adoption of Ordinance No. 349 Motion Carried 11. Consideration of Staff Recom- mendation for Contracting of St. Stephen St. Drainage Corr. Mounds View City Hall October 24, 1983 Regular Meeting Page Bight Motion /Second: Doty /Blanchard to authorize Staff to execute a purchase order to Ray Perron for the pro- posed storm sewer improvement work on St. Stephen Street in the amount of $2,249.75, plus up to $480.00 at $60.00 per hour for dewatering work, if necessary, and also to authorize Staff to execute a purchase order for necessary materials for the project, esti- mated at $2,008.25, with the funding to come from the SWM fund. 5 ayes 0 nays Director Johnson reported the inspection of Tower No. 2 had started. He also reported there had been a water main break on Sunday, as well as another one earlier in the evening, at Adams and County Road I. Director Johnson reminded the Council he will be in Brainerd on October 26 to meet with the MSA screening committee. Attorney Meyers turned a check for $1,000 over to 13. Report of Clerk /Administrator Pauley, explaining it was the Attorney final payment relative to the City Hall lawsuit, which will complete the file. He added that the total amount recovered was $24,000. Councilmember Hankner had no report. 14. Reports of Councilmembers Councilmember Blanchard reported the Planning Commission has finalized their revisions of the zoning code, and will have a special meeting on October 26 to go over it. She added they hope to have a copy to the Council by next week. Councilmember Doty reported he will be meeting with the personnel and labor relations committee of the League of Cities on October 26. Councilmember Doty reminded the Council of the park dedication of Silver View Park on October 29. Mayor McCarty stated he would be unable to attend, due to work commitments, and asked Councilmember Blanchard to fill in for him. Councilmember Linke advised he had attended the Ramsey County League meeting on October 19 regard- ing waste disposal plants in Ramsey and Washington counties. He added they hope to have a decision on a course of action by the end of the year. Mayor McCarty presented a copy of an update on cabel tv legi'lation to Clerk /Administrator Pauley. Motion Carried 12. Report of Director of Public Works/ Community Dvlp. Mounds View City Council October 24, 1983 Regular Meeting Page. Ntne Mayor McCarty gave a summary of the testimony he gave at the Net Council meeting on October 19. Clerk /Administrator Pauley advised that the Fire 15. Report of Department will be conducting a drill at City Administrator Hall on October 25, and they will be doing drills for all day and night shifts for all three cities. Clerk /Administrator Pauley reminded the Council that next Monday is the fifth Monday of the month, and there would be no meeting. Clerk /Administrator Pauley advised the Council of a public hearing by the Met Council on the airport issue, at 7 PM on November 1, at Westwood Jr. High in Blaine. Councilmember Blanchard requested that the flag be flown at half -mast in memory of the tragedy in Lebanon. Motion /Second: Blanchard /Linke to adjourn the meeting at 9:52 PM. 5 ayes 0 nays Resp ct ully submi -fie Dona d F. Pauley Clerk inistrAtor 16. Adjournment Motion Carried