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HomeMy WebLinkAboutMinutes - 1984/03/121. Call to Order 5. Approval of Consent Agenda CITY COUNCIL MEETING CITY OF MOUNDS VIEW March 12, 1984 7:30 p.m. AGENDA 2. Roll Call Blanchard, Doty, Linke, Hankner, McCarty 3. Approval of Minutes: February 27, 1984 (Regular Meeting) (Received copy in your 3/5/84 packet.) 4. Residents Requests and Comments from the Floor CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES ITEM A. Authorize Placement of Streetlight on Southwest Corner of 8357 Eastwood Road ITEM B. Approve Specifications and Set Bid Date for 9:00 a.m., April 2, 1984, for Exterior Repairs to Ground Reservoir ITEM C. Approve Specifications and Set Bid Date for 10:00 a.m., April 2, 1984, for Repainting Tower No. 2 ITEM D. Authorize Mayor to Sign Letter Requesting Membership in the Municipal Legislative Commission ITEM E. Reject Bids for Service of Well No. 2 Opened at 10:00 a.m. on Monday, March 5, 1984 ITEM F. Approve Resolution No. 1724 Resolution to Minnesota Department of Transportation District 9 Engineer Regarding the City of Mounds View's Request for Full Median Cross -Over Access on Trunk Highway 10 Between County Road H and County Road H -2 ITEM G. Licenses for Approval ITEM H. Approve Resolution No. 1723 Approving Just and Correct Claims Against City Funds continued- AGENDA March 12, 1984 Page Two 6. Consideration of Public Improvements /Vacation of Fairchild Avenue North of Laport Drive 7. Discussion of Anoka County- Blaine Airport Improvements 8. Consideration of Bids for the >ervicing of Well No. 2 (Material will be handed out Monday night.) 9. Consideration of Staff Memorandum Regarding Christopher Companies Development Proposal 10. Consideration of Staff Memorandum Regarding Call for Insurance Quotations 11. Report of Director of Public Works /Community Development 12. Report of Attorney 13. Report of Councilmembers Blanchard, Doty, Linke, Hankner McCarty 14. Report of Administrator 15. Adjournment The Consent Agenda is a technique designed to expedite handling of routine and miscellaneous official business oL 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. Authorize Placement of Streetlight on Southwest Corner of 8357 Eastwood Road ITEM B. Approve Specifications and Set Bid Date for 9:00 a.m., April 2, 1984, for Exterior Repairs to Ground Reservoir ITEM r, Approve Specifications and Set Bid Date for 10:00 a.m., April 2, 1984, for Repainting Tower No. 2 ITEM D. Authorize Mayor to Sign Letter Requesting Membership in the Municipal Legislative Commission ITEM E. Reject Bids for Service of Well No. 2 Opened at 10:00 a.m. on Monday, March 5, 1984 ITEM F. Adopt Resolution No. 1724 Resolution to Minnesota Department of Transportation District 9 Engineer Regarding the City of Mounds View's Request for Full Median Cross -Over Access on Trunk Highway 10 Between County Road H and County Road H -2 ITEM G. Licenses for Approval CONSENT AGENDA March 12, 1984 Amusement Device Expire 12/31/84 Advance Carter (Povlitzki's Off 10) Renewal Garbage Haulers Expire 3/31/85 Richie's Rubbish, Inc. Renewal Woodlake Sanitary Service, Inc. Renewal Larry's Quality Sanitation Renewal Ace Solid Waste Mgmt., Inc. Renewal Waste Management of Blaine New General Expire 6/30/84 Jansen Construction, Inc. New Richard Tkaczik Construction, Inc. New Woodsmith Builders, Inc. New Heating Air Conditioning Expire 6/30/84 Comfort Heating Air Conditioning Co. New Englund Heating, Inc. Renewal Sign Billboard Expire 6/30/84 Signcrafters Outdoor. Display, Inc. Renewal ITEM H. Adopt Resolution No. 1723 Approving Just and Correct Claims Against City Funds MEMBERS PRESENT: Councilmembers Blanchard, Doty, Linke, Hankner and Mayor McCarty. ALSO PRESENT: Attorney Meyers, Clerk /Administrator Pauley and Public Works /Community Development Director Thatcher. Motion /Second: Doty /Linke to approve the February 27, 1984 minutes as presented. 3 ayes PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA 0 nays 2 abstentions ouncilmembers Blanchard and Hankner abstained from the vote as they had not been present at the February 27 meeting. Councilmember Hankner asked that Item D be removed for discussion. Motion /Second: Doty /Linke to approve the consent agenda, minus Items A and D, and waive the reading of the resolutions. 5 ayes 0 nays Councilmember Blanchard explained that for Item A, hree young men had been instrumental in circul ,ing _ie petition for the streetlight. They were intro 2iuced as Tim Dickenson, Randy Herman and Todd Ranfrenz, and thanked for their efforts. APPROVED: 3/26/84 Regular Meeting March 12, 1984 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 7:31 PM. 2. Roll Call 3. Approval of Minutes: February 27, 1984 Motion Carried There were no residents requests or comments from the 4. Residents Re- floor. quests and Comments from the Floor Councilmember Blanchard asked that Item A be removed 5. Approval of for discussion. Consent Agenda Motion Carried Mounds View City Council March 12, 1984 Regular Meeting Page Two lotion /Second: Blanchard /Doty to approve Item A, and ommend the three young men for their efforts. 5 ayes 0 nays Councilmember Hankner questioned whether, in looking at a membership in another organization that provides lobbying services, a cost benefit analysis was done. She pointed out that these groups represent numerous cities, and questioned whether there could be a conflict of interest at some time. She also pointed out the City has memberships with other groups already, and questioned the cost. Mayor McCarty replied that experience has taught that some of the major groups were not effective, and the cost of $3,200 was reasonable for professional lobbyist services_ Clerk /Administrator Pauley added that $7,700 has been spent for the year, and this would bring the expense close to $11,000. Councilmember Hankner stated she was concerned about joining another organization, especially one that is not well established, and questioned whether considera- tion was given to having a Councilmember lobby. "Councilmember Doty stated he feels the City does not have enough representation at this time. Mayor McCarty stated past experience has shown they are only effective with their own Legislators, due to time constraints, and they will use the future track record as a measure of success with the new lobbying group. Motion /Second: Doty /Blanchard to approve Item D of the consent agenda. 4 ayes 1 nay Councilmember Hankner voted against the motion. Clerk /Administrator Pauley advised the applicants have filed their preliminary plat, and the Planning Commi- ssion will be reviewing it at their March 21 work session. Motion /Second: McCarty /Blanchard to table action until the March 26, 1984 City Council meeting on the Fairchild Avenue right -of -way development. ayes 0 nays The Council expressed concern with any time delays for this development, and stated they want it to proceed in a timely manner. Motion Carried Motion Carried 6. Consideration of Public Improve- ments /Vacation of Fairchild Avenue North of Laport Drive Motion Carried Mounds View City Council March 12, 1984 Regular Meeting Page Three Representative Daniel Knuth gave a brief presentation 7. Discussion of of the status of the airport issue, and discussed Anoka County- the possible reinstatement of local government ,ids, Blaine Airport which would impact Mounds View by $9,000. He added Improvements that the chairs in both the House and Senate tax committees have developed commissions to look into local government aids, with hearings to be held sometime during the legislative session. He urged the Council to become involved in the process, and added he would be glad to help in any way possible. Representative Knuth discussed the situation of unemployment compensation for volunteer firemen, and explained he would be introducing a bill in the House to exempt local fire departments front having to pay this. He added that Dori Frank would be carrying it in the Senate. Councilmember Linke pointed out that people are penalized for getting a job before the first four week period of unemployment, and asked if that could be looked into. e_presentative Knuth replied that was just one of ie many problems, and there is a committee discussing it, along with other issues, such as seasonal employ- ment. Mayor McCarty pointed out sections of Chapter 8 of the airport plan which state the runway would be moved 2600' to the north, but then in the February 9, 1984 letter from MAC to Representative i:nuth, it is stated as being moved 900' to the north. He stated this would have to be discussed with MAC for clarification. He also presented copies of two newspaper articles regarding the airport, and stated it is time for the City to take action now. Motion /Second: McCarty /Doty to authorize the City Attorney to proceed with prosecution of the pending lawsuit against the Metropolitan Council and initiate a lawsuit against MAC rer,arding the Anoka County Airport. 3 ayes 2 nays Motion Carried Councilmemhers Linke and I- iankner: voted against the motion. sere was considerable discussion among all present. ,Dfore the vote was taken on the previous motion. Mounds View City Council March 12, 1984 Regular Meeting Page Four Mayor McCarty stated his reasons for the iiwsuit as being: 1. We intend to pursue the legal question as to the control the Metropolitan Development Guide has over the types of facilities that can be installed in various classes of airports. 2. We question whether there is a basic need for the upgrading of the Anoka County Airport. 3. We intend to determine and pursue whether there are environmental questions to resolve. 4. We intend to determine whether the City, by virtue of property ownership, and /or residents will sustain compensable damages as a result of the airport upgrading. Mayor McCarty asked Attorney Meyers for his recommendation regarding petitioning the Court for a temporary injunction, as well as determining whether the City could bring in an outside con iltant to verify findings. `attorney Meyers clarified there is a lawsuit now on one issue against the Met Council, and the City has prepared an outline to address certain issues in view of the Master Plan that has been adopted by both the Met Council and MAC. The strategy would be to add MAC as an additional defendent in the lawsuit, to bring in the issue of the reliability and accuracy of the plan. In order to proceed, the City would have to get outside consultants to review the plan and testify, and the City would have to be able to produce evidence to attack the plan. Motion /Second: McCarty /Doty to amend the previous motion to have Attorney Meyers coordinate the legal involvement of the consultant employed by the City. 3 ayes 2 nays Motion Carried Councilmembers Linke and Hankner voted against the motion. Councilmember Hankner reminded the Council that they had earlier agreed to go ahead and seek consultant For the study, then look at the cost and determine Fther it would be feasible to proceed. She also ',minded them the Legislature is in session right now, and to surface the issue now could reactivate the whole issue. There is a task foL:e from the Met Mounds View City Council March 12, 1984 Regular Meeting Page Five auncil right now that is studying the need for an intermediate airport, and they could call for an environmental assessment. Councilmember Hankner stated she feels the Council is moving too fast. Councilmember Doty stated he felt this legislation has been grossly ignored by the Met Council and MAC and the City should proceed. He suggested having Attorney Meyers activate the MAC into the suit, and getting a court opinion if they will accept a consultant's study as evidence. Attorney Meyers advised that a preliminary motion may be made to have the case dismissed. Mayor McCarty reported the City has received one response from the letters sent out, indicating this consultant was interested in doing the study, at a cost of $20- 30,000, and requiring 90 days to complete. Councilmember Hankner pointed out she does not feel the City has a consultant until the Council has reviewed them and discussed it, and the action the council had taken earlier was to authorize Staff to out and obtain bids, then have the Council uetermine a course of action. She cautioned against spending the taxpayers money so quickly without first thinking things through. Councilmember Linke asked if it was necessary to have a preliminary study in hand before going into court. Attorney Meyers replied that it would be helpful, as if there is an early move to have the case dismissed, he would need the back -up evidence. He added that in seeking a consultant, the City has used all the names available and gotten a very poor response, but Clerk/ Administrator Pauley is contacting them again, trying to get more to respond. Representative Knuth stated he shared concern about entering into a lawsuit over what would happen with the Minneapolis delegation in regard to this issue. He added he feels the threat is there to upgrade to an intermediate airport, and the Council should be very careful, as their motion was very all- encompassing, and would be better broken down, as there are at least three different opportunities the City could move for- ward on. He advised looking at any actions taken during *he legislative session that could trigger a very active sponse from the Minneapolis delegation, as the 2Goonse would have to be met by the local membership the House and Senate. He advised assessing very carefully the response the Minneapolis delegation might h. 7e. Mounds View City Council March 12, 1984 Regular Meeting Page Six presentative Knuth also advised the Council to assess _ne value of the McCarron legislation in place in rela- tionship to the lawsuit and the value of its removal, as if there is no law the Council can point to that is in direct violation, they would not have a strong stand. Mayor McCarty stated the City cannot delay any longer, and allow MAC to expend funds, and if the City does not move, they will face a delaying question from the courts. He recommended asking for an EIS. He also expressed his concern with an MLS, as it would allow the National Guard at the airport. He also explained he had applied for membership on the Metropolitan Council Task Force and been told not to bother. Representative Knuth again cautioned the City on any action they might take, and advised them to look at a progressive lawsuit, which would insure several fallback options. Councilmember Hankner recommended following the plan of action agreed on by the Council 6 or 8 weeks ago, and reminded the Council they need to get their evidence together before proceeding. )b Beutel responded to comments by Mayor McCarty ad actions he has taken. He explained he supported alternate C as being the least possible damage the City could live with. He explained he has put in hundreds of hours and personal money in working on the airport issue. He stated he did suggest the MLS be installed, and pointed out the FAA has had so much trouble adopting MLS standards that MLS equipment would not be available to the Anoka County Airport for at least another decade. He stated that his personal preference would be for an ILS. M=_ Beutel asked that everyone hang together in fighting for this cause, but advised that if the City does every- thing now, he expects they would be shot out of the water, as the timing is not right. He recommended using experts, and getting the guns loaded. He also informed the Council that the noise level at the Minneapolis /St. Paul Interna- tional Airport will soon be at its greatest level ever, due to construction and the move of the Air National Guard to the airport, so he advised laying low and staying out of court until the end of the Legislative Session. He also pointed out the next Task Force meeting will be held in this area, which would be a good time to make a presentation, as well as a time to question 'tether there is a need for a second intermediate airport. Mounds View City Council March 12, 1984 Regular Meeting Page Seven Dennis Patrini, 8434 Sunnyside Road, stated he feels Mounds View is going to get an intermediate airport, no matter what is done, and he feels the City's own Legislators are the biggest threat, as they are not willing to proceed. Councilmember Hankner asked Mr. Patrini if he would be willing to lobby if the question is brought up again in the Legislature. Mr. Patrini replied maybe. LeeAnn Sporre, a resident of Fridley, stated she is a member of a task force committee that has dealt with this issue since day one. She advised that the issue will be discussed on March 26, at 11 AM, at the MPCA meeting, and recommended the City go ahead with the battle now. Mayor McCarty stated that it has been frustrating to have requested explanations from MAC, for example the reason for an ILS where 85% of the pilots were not rated for such systems, and not receive complete answers. This is one of the many reasons for my motion to implement the lawsuit. ,uncilmember Hankner pointed out the motion does tie the City into expense, and she does not feel this is strategically the best time to proceed with the lawsuit, and they should instead gather information, and as elected officials, take the best course of action, for the City. Councilmember Doty questioned whether, if the Council passes the motion now, it would be premature and if the City would be damaging its position in court. Attorney Meyers replied he is concerned with obtaining] the best expert advice possible, that will answer the questions in all areas, and they must be able to name all the issues involved, and have appropriate supporting evidence. He added he needs the tools to do the job, and the Council must decide the political consequences of proceeding. Meyers indicated that he would file the lawsuit only after obtaining sufficient data and evidence. Councilmember Blanchard stated she had no statement to make on the issue. Mounds View City Council March 12, 1984 Regular Meeting Page Eight Councilmember Linke pointed out that earlier in the year the Council authorized Attorney Meyers to go ahead at any time he feels the lawsuit should be implemented, and that Attorney Meyers has stated he would like to have the consultant study in hand and preliminary work done before returning to court. He stated he has not had an opportunity to review the consultant proposal. Councilmember Hankner stated she also was not given anything to review from the consultant who has expressed interest in working for the City. She also pointed out that according to the agenda, the topic for this evening was a discussion of the Anoka County Blaine Airport improvements, not whether to proceed with legal action. Councilmember Blanchard stated that since she did not make a statement during the lengthy debate, she would like to preface her vote by saying that because this motion only reaffirms what the Council did previously, she would vote yes. oirector Thatcher reported bids had been opened earlier in the day for the servicing of Well No. 2, and re- viewed the bids received and recommended it be awarded to the lower bidder, E. H. Renner Sons, Inc., in the amount of $11,342. He advised he has done business with them before and feels they are a reputable firm. Motion /Second: Hankner /Linke to approve the award to E. H. Renner and Sons, Inc., in the amount of $11,342 for Well No. 2 maintenance. 5 ayes 0 nays Director Thatcher reported that new developments have come up regarding the storm water drainage capabilities. The major issue at the Planning Commission meeting was the size of the storm water retention basin, and that in speaking with John Johnson today, the size required was deter- mined to be 7 /l0ths of an acre, and the developer is proposing a 3.3 acre retention basin, which is four times the required size. He pointed out this 'nuld go a long way toward solving the problems of orm water drainage in that area of the City. 8. Consideration of Bids for the Servicing of Well No. 2 Motion Carried 9. Consideration of Staff Memo Regarding Christopher Companies Development Proposal Mounds View City Council March 12, 1984 Regular Meeting Page Nine ,'`'•lotion /Second: McCarty /Doty that the City Council ccept the recommendation of Planning Commission Resolution No. 102 -84, with the request that Staff make special consideration of Items 2 and 3 on page 2 of the resolution, with recommendations to be made at the March 26 Council meeting. 5 ayes 0 nays Motion /Second: Linke /Blanchard to set publi.. hearings on March 26, 1984 for the major subdivision, at 7:40 PM, the conditional use permits at 7:45 PM and the street vacation at 7:50 PM. 5 ayes 0 nays Motion Carried Motion Carried Clerk /Administrator Pauley advised that Staff would 10. Consideration like the specs to be kept silent until they are of Staff Memo publicly released, to allow for fair bidding, and Regarding Call if there are problems with the specs, Staff can for Insurance make addendums. Quotations Motion /Second: Doty /Blanchard to authorize pub- lication for bids on insurance quotations, with the bid opening to be 12:00 on April 23, with the ouncil to review on April 30. 5 ayes 0 nays Motion Carried Director Thatcher reported he is pursuing MSA projects, as there is $600,000 in the fund, and it must be reduced to less than $300,000. He reported they are pursuing projects on County Road I from Highway 10 west, and if that does not go, they will look at other areas. Mayor McCarty asked that the Council be advised of any cost to the City on any of the proposed projects. Councilmember Doty reported the Park and Rec Commi- ssion met on March 8, and discussed the old Red 'ak School site, which the City may be getting part f from the School District, for use as a park. He also reported the Groveland Park Foundation has formed as a non profit organization. 11. Report of Director of Public Works/ Community Dvlp. Attorney Meyers had no report. 12. Report of Attorney Councilmember Blanchard had no report. 13. Reports of Councilmembers Mounds View City Council March 12, 1984 Regular Meeting Page Ten Attorney Meyers reported he had reviewed their by -laws and advised that the City could contract with them, and they could maintain their non profit organization status. Clerk /Administrator Pauley stated he would have Park Director Anderson discuss the issue further with Attorney Meyers. Councilmember Doty reported the Charter Commission would not be meeting this week as there was no business to discuss. Councilmember Doty stated that with the exiting of business from Minnesota, he feels the municipalities must take some positive action to curtail this, then asked for a resolution to support legislation that would offer a compromise from the State, County and municipalities to businesses that would like to expand or upgrade their present facilities or offices to the extent that we could continue to be compatible to all businesses who want to expand. Clerk /Administrator Pauley proposed the Council adopt a resolution, which would read "Whereas over the last several weeks announcements have been made by major corporations in Minnesota that they would be moving facilities or expanding facilities to states other than Minnesota due to the adverse corporate and property tax situation that is presently experienced within the State of Minnesota, and Whereas the Minnesota Legislature during its 1984 session has, and will be, considering several pieces of legislation which would provide for corporate and property tax relief or other incentives, and Whereas it is the desire of the City of Mounds to represent the best interests of the citizens of its community and State of Minnesota by encouraging the retention of major corporations and sundry jobs. Now, therefore, be it resolved by the City Council of the City of Mounds View that it supports appropriate compromise legislation by adoption by the 1984 Legislative Session that would result in the provision of corporate and property tax relief to corporations in the State of Minnesota that would retain or expand facilities, thus causing the retention of jobs." Motion /Second: Doty /Linke to adopt Resolution No. 1725. 5 ayes 0 nays Motion Carried Councilmember Doty informed the Council of a Group W meeting on March 13 at Donatelle's at 11:45 AM. Councilmember Linke reminded the COuncil of the Ramsey County League dinner on March 21. Mounds View City Council March 12, 1984 Regular Meeting Page Eleven Councilmember Hankner reported she had attended the Festivities Commission meeting on March 7, and they have adopted a voucher system for managing their budget, and they are planning a two day event for this year. Councilmember Hankner reported she would be attending the League of Minnesota Cities Legislative Conference on March 13. Mayor McCarty asked that the City Dinner Committee meeting, which was scheduled for March 21, be changed to March 26, at 6:30 PM, due to conflicts. Mayor McCarty questioned if the City had received any feedback on the race track yet. Clerk /Administrator Pauley replied none had been received. Mayor McCarty suggested the questions and inquiries go to the public hearing on March 16 in Blaine, and ask the Commission to address them. Motion /Second: McCarty /Doty that the Council authorize Mayor McCarty to carry concerns compiled by Clerk /Administrator Pauley regarding the race track, to the Racing Commission at the public hearing in Blaine at 7 :30 PM on March 16. 5 ayes 0 nays Clerk /Administrator Pauley advised that the Planning 14. Commission, at their March 7 meeting, had appointed Peter Sargent as the Citizens Representative to the 509 Task Force, with Charlotte Forslund as the Alternate. Clerk /Administrator Pauley reported he had received correspondence from Dan Boxrud regarding the Long Lake Road Ditch Project, stating the repair is complete, with handwork worth $26.96 yet to be done. Attorney Rushton reviewed the project and okayed payment, less the retainage. Motion /Second: McCarty /Blanchard to approve Change Order No. 1 for $200, for a total contract of $1,675.13 to American Druggists Insurance Company for work completed on the Long Lake Road Ditch, retaining $266.96 at this time. 5 ayes 0 nays Motion Carried Report of Administrator Motion Carried Mounds View City Council Regular Meeting Motion /Second: Doty /Hankner to adjourn the 15. Adjournment meeting at 10:11 PM. 5 ayes 0 nays Re_pe.tfully submitted, Dotal F. Paule Cle /Administ March 12, 1984 Page Twelve Motion Carried