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HomeMy WebLinkAboutMinutes - 1984/09/241. Call to Order CITY COUNCIL MEETING CITY OF MOUNDS VIEW September 24, 1984 7:30 p.m. AGENDA 2. Pledge of Allegiance 3. Roll Call Linke, Hankner, Blanchard, Doty, McCarty 4. Approval of Minutes: August 27, 1984 (Received in 9 -10- 84 packet) and September 10, 1984 5. Public Hearings 7:40 p.m. Delinquent Utility Accounts Consideration of Resolution No. 1802 Levying A Tax For Delinquent Utility And Forestry Charges Over A One -Year Period 6. Residents Requests and Comments From The Floor CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 7. Approval of the Consent Agenda ITEM A. Accept Resignation of Craig McCluskey from Festivities Commission and Approve Resolution No. 1798, Resolution of Appreciation to Craig McCluskey ITEM B. Approve Resolution No. 1799 Authorizing Contributions to the North Suburban Cable Communications Commission ITEM C. Approve For Construction Of a 5 Stall Garage In A District Zoned R -3 Pursuant To Planning Commission Resolution No. 118 -84. The Property Is Located At 5701 Quincy Street And Is Owned By Frank Lapatka ITEM D. Approve Resolution No. 1803 Approving The Development Agreement With Bob Kolstrom The Property Owner 2716/2720 County Road J. A 15 Foot Drainage Easement On The East Side Of The Property And A 15 Foot Drainage Easement On The West Side Of The Property Shall Be Granted By The City Prior To Construction AGENDA PAGE TWO ITEM E. Set Public Hearing For 7 :45 P.M. On October 8, 1984 For 6940 Silver Lake Road. The Property Owner (Edward Wierdeen) Is Requesting A Conditional Use Permit To Construct A 24 Ft. x 24 Ft. Utility Building. ITEM F. Approve Resolution No. 1801 Approving Just And Correct Claims Against City Funds ITEM G. Licenses For Approval General Expires 6/30/85 Shingling Brothers Construction New Heating and Air Conditioning Expires 6/30/85 St. Marie Sheet Metal Renewal Asphalt Expires 6/30/85 P H Contracting, Inc. New 8. Public Discussion of 1985 Revenue Sharing, General Fund, Debt Service, Forestry, Recreation Activity, and ;dater and Sewer Budgets 9. Consideration of Resolution No. 1796 Adopting The 1985 Bonds And Interest Tax Levy 10. Consideration of Resolution No. 1797 Adopting The 1985 City Operating Budget 11. Consideration of Resolution No. 1794 Certifying The 1985 General Fund and Forestry Fund Property Tax Levy 12. Consideration of Resolution Nn. 1795 Certifying The 1985 Bonds and Interest Tax Levy 13. Consideration of Resolution No. 1793 Authorizing The Transfer of Proceeds From the Silver Lake Woods Contruction Fund To The General Fund For 1985 Street Maintenance Projects 14. Consideration of Resolution No. 1792 Authorizing An Expenditure of Funds of The Special Projects Fund 15. Consideration of Aquatics Director 1984 -85 Contract 16. Consideration of Resolution No. 1800 Retaining Al Perez, Northern Sound As An Airport Noise Control Consultant 17. Report of Director of Public Works/Community Development 18. Report of Attorney AGENDA PAGE THREE 19. Report of Councilmembers Linke, Hankner, Blanchard, Doty and McCarty 20. Report of Administrator 21. Adjournment CONSENT AGENDA SEPTEMBER 24, 1984 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, an item can be removed from the Consent Agenda and placed upon the Regular Agenda for debate. ITEM A. Accept Resignation of Craig McCluskey from Festivities Commission and Approve Resolution No. 1798, Resolution of Appreciation to Craig McCluskey ITEM B. Approve Resolution No. 1799 Authorizing Contributions to the North Suburban Cable Communications Commission ITEM C. Approve For Construction Of a 5 Stall Garage In A District Zoned R -3 Pursuant To Planning Commission Resolution No. 118 -84. The Property Is Located At 5701 Quincy Street And Is Owned By Frank Lapatka ITEM D. Approve Resolution No. 1803 Approving The Development Agreement With Bob Kolstrom The Property Owner 2716/2720 County Road J. A 15 Foot Drainage Easement On The East Side Of The Property And A 15 Foot Drainage Easement On The West Side Of The Property Shall Be Granted By The City Prior To Construction ITEM E. Set Public Hearing For 7 :45 P.M. On October 8, 1984 For 6940 Silver Lake Road. The Property Owner (Edward Wierdeen) Is Requesting A Conditional Use Permit To Construct A 24 Ft. x 24 Ft. Utility Building. ITEM F. Approve Resolution No. 1801 Approving Just And Correct Claims Against City Funds ITEM G. Licenses For Approval General Expires 6/30/85 Shingling Brothers Construction New Heating and Air Conditioning Expires 6/30/85 St. Marie Sheet Metal Renewal Asphalt Expires 6/30/85 P H Contracting, Inc. New PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA The Mounds View City Council was called to order by Mayor McCarty at 7:30 PM on September 24, 1984. The Pledge of Allegiance was said. 2401 Hwy. 10 MEMBERS PRESENT: Councilmembers Linke, 1-lankner, Blanchard, Doty and Mayor McCarty. ALSO PRESENT:City Attorney Meyers, Finance Director Brager and Public Works /Community Development Director Thatcher. Motion /Second: Doty /Hankner to approve the August 27, 1984 minutes as corrected. 5 ayes 0 nays Motion /Second: Linke /Hankner to approve the September 10, 1984 minutes as presented. 5 ayes 0 nays Russell Warren, 8044 Greenwood Drive, stated that on September 20, the local DFL had sent a letter to Police Chief Ramacher, with carbon copies sent to the Council and Mayor, and Gary Quick and Clerk/ Administrator Pauley, regarding an election billboard sign for Duane McCarty at Highway 10 and Edgewood, which violates the election sign statutes. He noted that Mr. Quick had been advised by Mayor McCarty that a sign he had put up earlier had to be taken down as it was also in violation, and asked when Mayor McCarty's sign would be removed. Attorney Meyers reviewed Ordinance No. 39, covering e election signs. He explained that a violation would be a criminal offense under the code, and enforcement would be the issuance of complaints by the proper officials, and then the case may proceed to court. September 24, 1984 Regular Meeting Mounds View City Hall Mounds View, MN 55112 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes: August 27, 1984 Sept. 10, 1984 Motion Carried Motion Carried 5. Residents Requests and Comments from the Floor Mounds View City Council September 24, 1984 Regular Meeting Page Two Mayor McCarty explained he had received a complaint about Mr. Quick putting his signs up too early, and had passed that along to Mr. Quick. He also stated he had not been formally cited at this time, and if he is, he will hand the citation to Naegle, the owner of the billboard in question. Attorney Meyers advised that the letter that was received could not be considered a formal complaint, and the billboard company should be advised it is in violation of the ordinance. Motion /Second: Hankner /Linke to notify Naegle that the sign at Highway 10 and Edgewood is in violation of the City Ordinance. 5 ayes 0 nays Motion Carried Mayor McCarty stated he would like a formal opinion from Attorney Meyers that this is a violation, and he wants a clear definition in the ordinance of the difference between billboard signs and electioneering signs. Attorney Meyers advised that he feels the sign in question is in violation of the ordinance. Dennis Petrini asked Councilmember Hankner whether she had circulated a petition regarding the ILS at the airport. Councilmember Hankner replied she had not. Mr. Petrini asked Councilmember Linke if he circulated a petition. Councilmember Linke stated that he had not been out campaigning at all. Mr. Petrini read a prepared statement, giving his personal feelings on the position he feels certain Councilmembers had taken on the airport issue. Councilmember Hankner explained to Mr. Petrini that she has stated it many times before, and will say it again, she does not want an intermediate airport and has been an advocate for a minor use airport. She also pointed out that Mr. Petrini was nowhere around during the 1983 Legislative session when the issue was discussed at length, nor had he been present at the many Council meetings where it has been discussed until March or April of this year. Councilmember Hankner explained to Mr. Petrini what she feels the process has been to date on the airport. She stated that while she does not want the Master Plan, there are some items in it that are saleable. Mounds View City Council September 24, 1984 Regular Meeting Page Three Councilmember Linke clarified his position for Mr. Petrini on the airport issue, to correct Mr. Petrini's mistaken comments on Councilmember Linke's stand. Mayor McCarty stated the City has an estimate of approximately $100,000 to fund their lawsuit, and it is his personal feeling that it could be paid for without any additional taxes, and could be taken from defeaseance. He stated he feels it would be a good investment, and they must decide what the limit is to be. Councilmember Doty stated there is $180,000 in the contingency fund that he feels could be used to cover the costs. Councilmember Hankner explained the process she feels the City has gone through in the past year and she also stated how important it is to not reveal all the strategy they have planned, as it could be used against them in court, with MAC having an advantage of knowing what the City had planned. Coe to the heated comments and accusations being made, a recess was taken. Upon calling back to order, Attorney Meyers reveiwed the history of the airport situation and stated that several questionnaires have been received back that will be used to prepare affidavits toward injunctions, as a basis for obtaining restraining orders as well as notifying the FAA and Congressmen that the City has specific concerns and questions. Motion /Second: McCarty /Doty that the Council be on record as standing opposed to the current Master Plan for the Anoka County Airport, reserving runway place- ment and configurations for future consideration. 2 ayes 2 nays 1 abstention Motion Failed Councilmember Blanchard stated she refused to vote on the motion as she feels it has become a totally political issue at City Hall and she has stated her views on the airport innumerable times before. Councilmember Linke stated he was not opposed to the movement of the north /south runway to the north, as they already have people with irrepairable damange from where it is presently located, and leaving it where it is will cause them nothing but further harm. Mayor McCarty stated his intent is to oppose the current Master Plan but still hold true to the belief that the runway be moved north. Councilmember Hankner stated she agrees with Council- member Linke, and that in passing this Mounds View City Council September 24, 1984 Regular Meeting Page Four type of motion, would not allow the flexibility to proceed with the lawsuit. She also pointed out the Council is unified in proceeding with the lawsuit, but the Councilmembers have different beliefs on how to proceed. She added that she would personally favor a motion to proceed with the lawsuit. Councilmember Doty stated he is opposed to the current Master Plan, and he agrees with the importance of moving the runway. Councilmember Doty stated he demanded that Council- member Blanchard vote. Councilmember Blanchard cast her vote as present. Counciim=.uuer Linke stated he would uphold Councilmember Blanchard's abstention as he feels it should be up to each Councilmember to vote their consience. Attorney Meyers reviewed the ordinance and advised it would require a mandatory injunction to make a Councilmember vote. Alice Fritz, 8072 Long Lake Road, asked why the ordinance regarding no alcohol consumption in the City parks was not being enforced. She also stated she had heard the Park and Rec Commission and Festivities Commission were planning a beer garden for the next Festival in the Park. Mark Mack, 4068 Glenhaven, stated that he was a member of the Festivities Commission and they had taken no action on it yet but were considering it due to budget problems. Mayor McCarty directed Staff to send a letter to all organizations using the City parks, citing the ordinance. Paul Ritelle, 3989 Central Avenue NE, Minneapolis, stated he was the attorney for Greg Johnson, and asked the Council if they would consider reaching a pretrial settlement, before the scheduled court date of October 8. He explained he and his client feel they have an excellent chance to win in court, but want to avoid incurring futher costs and the anger of the neighborhood over the use of the property. He stated Mr. Johnson was willing to agree to not sell his property to anyone who would intend to rezone for commercial purposes, and the sold use would be the continued operation on a limited basis of the Highway 10 Radiator Shop, and they would erect a fence to separate them from the residential property owners. He added that Mr. Johnson would also agree to continuing his operation on a conditional basis, under a CUP. Mounds View City Council September 24, 1984 Page Five -Regular Meeting Mayor McCarty stated he feels the basic question goes back to the Planning Commission recommendation, which was from what the Council acted. He added that the Council would take the request under advisement. Carol Welte, Dawrell- Welke 8045 Groveland, questioned what the property was when Mr. Johnson purchased it. Mayor McCarty replied it was single family residential. Motion /Second: McCarty /Doty to take the presenta- tion to the Council on the Highway 10 Radiator Shop under advisement and notify the proper staff members. 5 ayes 0 nays Russell Paul, 7940 Greenfield Avenue, asked when the ordinance went into effect for the signs and billboards. Attorney Meyers replied he did not have the exact date with him, but it was several years ago. Motion /Second: Linke /Hankner to approve the consent agenda as presented and waive the reading of the resolutions. 5 ayes 0 nays Mayor McCarty closed the regular meeting and opened the public hearing at 8:50 PM. Finance Director Brager explained the process used in determing these accounts as delinquent and levying the tax. Mayor McCarty closed the public the regular meeting at 8:52 PM. Motion /Second: Doty /Hankner to No. 1802 and waive the reading. 5 ayes 0 nays hearing and reopened approve Resolution Bi11 Fritz stated the budget looks good to him, and asked some questions regarding the contingency fund and interest earned. Mayor McCarty and the Council explained the process used in preparing the budget. Motion Carried 6. Approval of Consent Agenda Motion Carried 7. Public Hearing: Delinquent Utility Accounts Motion Carried 8. Public Discussion of 1985 Budgets Mounds View City Hall •Regular Meeting Motion /Second: Linke /Hankner to approve Resolution No. 1796 and waive the reading. 5 ayes 0 nays Motion /Second: Blanchard /Doty to approve Resolution 10. No. 1797 and waive the reading. No vote was taken on the above motion, as the following amendment was made. Motion /Second: McCarty /Hankner to amend the previous motion, to approve Resolution No. 1797, minus the capital expenditures contained in the 1985 long term financial plan. 5 ayes 0 nays Motion /Second: Doty /Linke to approve Resolution No. 1794 and waive the reading. 5 ayes 0 nays Motion /Second: Doty /Hankner to approve Resolution No. 1795 andwaive the reading. 5 ayes 0 nays Motion /Second: McCarty /Hankner to table Resolutions No. 1792 and 1793. 5 ayes 0 nays Park Director Anderson reviewed the proposed budget for the aquatics director for 1984 -85. Councilmember Linke expressed concern over the percentage proposed for the aquatic director versus other city employees for a salary increase, as well as a reduction in hours. Park Director Anderson explained it was an 11% increase, and clarified the hour reduction. Mayor McCarty pointed out she has nearly department head status responsibility and this was a new program and she had been at a low salary. September 24, 1984 Page Six 9. Consideration of Resolution No. 1796 Motion Carried Consideration of Resolution No. 1797 Motion Carried 11. Consideration of Resolution No. 1794 Motion Carried 12. Consideration of Resolution No. 1795 Motion Carried 13. Consideration of Resolutions No. 1792 and 1793 Motion Carried 14. Consideration of Aquatics Director 1984 -85 Contract Mounds View City Council September 24, 1984 .Regular Meeting Page Seven Motion /Second: McCarty /Doty to approve the memo- randum of understanding between Mounds View and Maureen Thelen for the duties of parttime aquatics director, as presented September 24, 1984 with the deletion of #7 on page 3 of the contract, and authorize the Clerk /Administrator and Mayor to execute the contract. 5 ayes 0 nays Motion Carried Al Perez presented his proposal to the Council to be an airport noise control consultant. Attorney Meyers advised residents have volunteered their yards for measuring sound levels. Mr. Perez stated he would be willing to include the monitoring in the $7,000 bid. Motion /Second: Doty /Blanchard to approve the pro- posed contract from Northern Sound at the rate of $40 /hour, not to exceed $7,000, with the budgeted amount identified from the contingency. 5 ayes 0 nays The Council asked that Mr. Perez work with Attorney Meyers in coordinating efforts. Motion /Second: McCarty /Doty to remove from the table Resolution No. 1789. 5 ayes 0 nays Director Thatcher had no report. Councilmember Linke reported he had attended a Ramsey County League meeting, regarding the Governor's council on tax problems. Councilmember Hankner had no report. Councilmember Blanchard had no report. Councilmember Doty reported he had received the book from the Rice Creek Watershed District on the water resources management plan. Mayor McCarty had no report. 15. Consideration of Resolution No. 1800 Motion Carried Motion Carried 16. Report of Public Works/ Community Dvlpt. Director 17. Reports of Councilmembers Mounds View City Council Rectnlar Meeting l Ion/Second: McCarty /Doty to approve Resolution 1789 and waive the reading. 5 ayes 0 nays Attorney Meyers had no report. Finance Director Brager reported there were two copies of the tax study commission report at City Hall, and will be in the library for anyone who would like to review them. Mayor McCarty stated the Council had voted 5 -0 in recommending Resolution No. 1588, on March 28, 1983 where they all took a stand on the ILS, ani asked for Councilmember Blanchard's vote now. Cc:inciimember Blanchard replied she had not changed her mind. There was further discussion on the airport issue, with the Council and Attorney Meyers answering questions from the residents present. Russell Pahl accused Councilmember Linke of favoring an intermediate airport. Councilmember Linke restated position of opposition to the upgrading of the .ka County Blaine Airport to anything but a minor status. Motion /Second: Doty /Hankner to adjourn the meeting at 9 :51 PM. 5 ayes 0 nays 19. Adjournment Motion Carried Respectfully submitted, Donald Brager Acting Administrator September 24, 1984 Page Eight 15A. Consideration of No. 1789 Motion Carried 17. Report of Attorney 18. Report of Clerk Administrator