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HomeMy WebLinkAboutMinutes - 1983/11/29The Mounds View City Council was called to order by Mayor McCarty at 7:34 PM on November 28, 1983. MEMBERS PRESENT: Councilmembers Blanchard, Doty, Linke, Hankner and Mayor McCarty. ALSO PRESENT: City Attorney Meyers, Clerk/ Administrator Pauley and Public Works /Community Development Director Johnson. Clerk /Administrator Pauley explained the minutes of the November 14, 1983 meeting would be presented to the Council at the next agenda session. Motion /Second: Linke /Blanchard to approve the consent agenda as presented, and waive the reading of the resolutions. 5 ayes 0 nays Councilmember Councilmember Councilmember Councilmember Mayor McCarty PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA John Miller presented the Council with a letter from himself, dated November 29, 1983. Blanchard aye Doty aye Linke aye Hankner aye aye DATE APPROVED: 12/12/83 Regular Meeting November 29, 1983 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 1. Call to Order 2. Roll Call Ed Latendre and Jim Quick of the Mounds View Jaycee's 3. Residents presented a special award to the Council, the Presi- Requests and dential Award of Honor, explaining it was the highest Comments from honor that could be given in the Chapter. They also the Floor presented a Sound Citizen Award and a Guest Speaker Award, both in honor of Officer Dave Brick. 4. Approval of Consent Agenda Motion Carried 5. 1st Reading of Ordinance No. 350 Amending Motion /Second: Blanchard /Linke to have the first Chapter 48 of reading of Ordinance No. 350, amending Chapter 48 the Mounds View of the Mounds View Municipal Code entitled "Wet- Municipal Code land Zoning Ordinance and waive the reading of Entitled "Wet the ordinance, and include the Staff's synopsis land Zoning of the consultants reports, dated November 23, 1983, Ordinance" and the letter from Mr. Miller dated November 29, 1983, as part of the minutes. Motion Carried Mounds View City Council November 29, 1983 Regular Meeting gage Two Considerable discussion took place before the vote was called for on the previous motion. Councilmember Linke stated he was in agreement with the supporting data outlined in the memo from Director Johnson, dated November 23. Councilmember Doty stated that in the supporting docu- mentation for eliminating 1 -22 as a wetland, he did not feel it gave adequate reason for eliminating it. He pointed it out it deals with a culvert that does not work, and was put in 50 years ago, and the culvert has no bearing on the wetland in its present conditions. He added it compares this wetland with other non- specific wetlands, not the same size, and he did not feel the terms were specific enough, nor the documen- tation sufficient to say the wetland does not function specifically as a wetland. Mayor McCarty stated it was his understanding from the discussion at the November 14 meeting and the last agenda session that the Council was to receive specific data, preferrably a comparative analysis to support the generalizations the City has received so far. He added he was also looking for something from the developer that would provide comparative data, with specifics, and requested Mr. Miller outline Phase II. Mr. Miller replied that Phase nature, and has nothing to do Mayor McCarty replied he must analysis. II is conceptual in with Phase I. have a comparative Councilmember Hankner stated the Council has that comparative analysis from the three reports that have been received. She reminded the Council that they paid $5,000 for an engineer's report, and he has provided site specific information to the City, as requested. She reviewed excerpts from the Braun Report, from their letter of October 31, concerning 1 -22 not functioning as a wetland. She also pointed out that the culvert has been the cause of 1 -22 being in the condition it is in. Councilmember Hankner stated she felt the Council has the information they have requested, and it is very specific and adequate enough to redelineate the lines for 1 -23 and eliminate what has been classified as 1 -22. Mounds View City Council November 29, 1983 Regular Meeting Page Three Councilmember Linke referred to excerpts from the October 31 letter from Braun Engineering, stating that they have enough supporting data to state that in looking at Chapter 49, it's intent is to protect the existing functional wetland, and there is enough data to say that it does not function as a wetland. Mayor McCarty stated he is looking for data that will say the wetland does not function to a degree. Councilmember Linke pointed out it is the City's own engineer that has supported the data, and he has stated it is not a functioning wetland. Mayor McCarty reviewed the criteria listed in the Braun letter of October 31, and stated it could fit every type 2 wetland in the City, and that he was concerned with setting a standard. Jim Miller read from portions of the Braun letter of October 31, concerning the size of a potential wetland, with larger than 9 /10th of an acre being required, and with 1 -22 being considerably less in size. He also read portions of the Barr letter of November 7. Mayor McCarty stated he was still concerned with establishing criteria and statistics to take sound action on the motion, and that in lacking technical data, they must take the conservative approach. Councilmember Doty stated he would have to vote against the motion in order to preserve the ordinance. Councilmember Linke reviewed the criteria in Ordinance No. 318, and Chapter 48.01, sub 3, then reviewed the data received from the experts. Mayor McCarty stated he agrees that it does state that the area does not function as a typical wetland, but that anyone could make that statement, and they need a more complicated approach to the data. Councilmember Linke pointed out that it was the engineer the City hired that provided the information and data. Jim Senden stated the Council is trying to determine whether the area is a wetland, and the ordinance says it must be an existing, functional wetland, and reviewed the Braun letter of October 31. He pointed out that if it is a functioning wetland, it should be included on the map, but if it is not, it should not be included on the map. He stated that if the Council feels the ordinance is too weak, they should strengthen it, but that they could not deny the developer because they feel it would weaken the ordinance in future developments. Mounds View City Council Ncember 29, 1983 Regular Meeting Page our Neil Loeding stated that in reviewing the experts reports, weasel words are easy to spot, and those words are present in their reports. Mr. Senden stated that the science of defining a wetland is not as specific a science as mathematics, and the wetlands are defined and labeled based upon the type of plants that appear. He stated that conditions change continually, and the boundries could change at any time, depending upon when the reading was taken. He stated the experts must take the data, analyze it and make the best decision they can. He pointed out the City is asking a consultant to do something that is not possible, as it is not that exact a science. Mr. Loeding questioned if the technical people could not state it is not a functioning wetland, how could the Council. Mr. Senden replied the Council's job is to act as responsible decision makers and weigh the evidence, and they cannot always make the case with 100 percent sureity, as there are gray areas. He stated the Council is saying they are basing their decision on whether it would affect future decisions down the road, and if so, then they should change the ordinance. Mayor McCarty stated he was concerned with setting precedence by the action that would be taken this evening. Attorney Meyers reviewed sections of the ordinance and reviewed excerpts from the letters received from the experts. He advised the Council that if Braun Engineering is determined to be contracting with the City of Mounds View, their report would be very persuasive and would be given weight by a judge. He pointed out a judge would be the one to make a decision in a court case, and he would review the documentation and call experts and make his decision based upon the information given him. He also pointed out that the question of precedence is not relevent. Councilmember Doty stated he now feels he has enough data to realize this is not a functioning wetland, but he would still like a specific statement from Braun Engineering. Motion /Second: Linke /Blanchard to call For the question. 5 ayes 0 nays Motion Carried Mounds View City Council Regular Meeting Councilmember Blanchard stated she voted in favor of the main motion as she concurred with the technical data received from Braun. Councilmember Doty stated he voted in favor of the main motion as he concurs the wetland does not function but that he does not feel the data received is specific enough, and that a specific statement should be required of one or more of the engineers involved. Councilmember Linke, Councilmember Hankner and Mayor McCarty stated the reasons for their vote had been given by them earlier. Motion /Second: Linke /Hankner to have the second reading and adoption of Ordinance No. 351, amending Chapter 48 of the Mounds View Municipal Code entitled "Wetland Zoning Ordinance and waive the reading of the ordinance. Councilmember Councilmember Councilmember Councilmember Mayor McCarty Blanchard aye Doty nay Linke aye Hankner aye aye Councilmember Linke explained the reason for his motion was that the ordinance takes the report of the engineer hired by the City, who has done site specific surveys of the property, and gives the delineation, and that he is very comfortable with the information given. Councilmember Doty stated that even though the ordinance uses the Braun delineation, he would prefer the Barr report, as he does not feel the Council needs to take the most liberal position in setting the boundaries. Motion /Second: Doty /Blanchard to have the first reading of Ordinance No. 352, amending the Municipal Code of Mounds View by repealing Chapter 40 entitled "Zoning" and Chapter 43 entitled "Mobile Homes" and adopting a new Chapter 40 entitled "Zoning and waive the reading. 5 ayes 0 nays Attorney Meyers advised that he had discussed the matter with Staff, and that whenever there is a text change to an ordinance, since this will have impact on certain property, the City should have a public hearing, and that notice should be published to have a public hearing before the second reading. P;Jvember 29, 1983 Page Wipe 6. 2nd Reading of Ord. No. 351 Amending Chapter 48 of the Mounds View Municipal Code Entitled "Wetland Zoning Ordinance" Motion Carried 7. 1st Reading of Ord. No. 352 Amending the Municipal Code of Mounds View Motion Carried Mounds View City Council Regular Meeting Motion /Second: Doty /Hankner to set a public hearing for December 12 at 7:50 PM. 5 ayes 0 nays Motion /Second: McCarty /Blanchard to authorize the purchase of three portable units and accessories from Capitol Electronics, not to exceed $2,565.00, with the billing and delivery to be after January 1, 1984. 5 ayes 0 nays Motion /Second: Doty /Blanchard to authorize the delivery of the City Newsletter through the third class carrier route pre -sort at an individual cost of 7.4o per delivery, to the routes as outlined in Park Director Anderson's memo of November 23. 5 ayes 0 nays Director Johnson reviewed his memo to the Council of November 29, regarding sidewalk snow removal. There was discussion regarding the po icy other Citys use of requiring the residents `o clear their own sidewalks. Clerk /Administrator ',alley explained the situation and why the City would be cleaning the walks. Director Johnson reported that while they were slightly behind schedule, they would be starting to drain and inspect the ground resevoir this week. Attorney Meyers had no report. Councilmember Blanchard questioned if the Council should give direction to the representative to Group W, before their next meeting. Clerk /Administrator Pauley updated the Council on the situation with Group W. The Council expressed concern with both the con- struction and the question of the payment, with 'get :_ng the billing in the Fall and the money in the Spring, and directed Clerk /Administrator Paulev to get in touch with Jerry Skelly. November 29, 1983 Page Six Motion Carried 8. Consideration of Memo from Police Chief Regarding Purchase of Mobile Radios Motion Carried 9. Consideration of Staff Memo Re- garding Review of City News- letter Delivery Procedure Motion Carried 10. Report of Direc- tor of Public Works /Community Development 11. Report of Attorney 12. Reports of Councilmembers Mounds View City Council November 29, 1983 Regular Meeting Page Seven Councilmember Doty reported he will be on jury \duty for the week. Councilmember Linke reported the Ramsey County League Christmas banquet would be held on December 14 at the Maplewood Holiday Inn, with reservations due in by December 12. Councilmember Hankner reported she had spoken with Representative Voss regarding the outcome of the last airport hearing, and that c.lce the Council has had an opportunity to discuss the matter, he would like to get together with them to discuss strategy. Mayor McCarty reviewed the status of the airport issue, and recommended the Council have a session with Attorney Meyers to go through the details. It was tentatively set for 6:30 PM on December 6, with a final decision on that date to be made at the next agenda session on December 5. Director Johnson reported a formal response is in the mail on the MSA hearing, and that he will be requesting a MnDOT representative to be present at the next agenda session to discuss the response with the Council. Clerk /Administrator Pauley reported that per the 13. Report of discussion at the last agenda session, Staff pre- Administrator pared and had signed by the property owners, a petition for the improvement of the Fairchild Avenue right -of -way. He stated the feasibility report would be ready for the first agenda session in January. Motion /Second: Doty /Linke to adopt Resolution No. 1689 Declaring Adequacy of Petition and Ordering Preparation of Feasibility Report. 5 ayes 0 nays Clerk /Administrator Pauley asked authorization to retain Jill Stevens as a part -time clerk /typist in the Police Department while Linda Meyer is on maternity leave. Motion /Second: McCarty /Blanchard to authorize Staff to hire Jill Stevens at $4.99 per hour, for approximately 15 hours per week, as a temporary part -time typist in the Police Department. 5 ayes 0 nays Motion Carried Counciimembe: Doty reported he had received complaints .v regarding the quality of the snow plowing done recently. Clerk /Administrator Pauley admitted the quality was not as good as was usually experienced and explained the situation. Motion Carried Mounds View City Council Regular Meeting Motion /Second: Doty /Hankner to adjourn the meeting 14. Adjournment at 9:44 PM. 5 ayes 0 nays fully sub F. Pa C1e dmi d m ni C1e nis November 29, 1938 Page Eight Motion Carried