HomeMy WebLinkAboutMinutes - 1984/10/08CITY COUNCIL MEETING
CITY OF MOUNDS VIEW
October 8, 1984
7:30 p.m.
A G E N D A
1, 6:30 p.m. Special Meeting: Discussion with Planning
Commission Regarding
Recommendation on Holiday
Station Proposal
2. 7:30 p.m. Call to Order Regular Meeting
3. Pledge of Allegiance
4. Roll Call Hankner, Blanchard, Doty, Linke McCarty
5. Approval of Minutes: September 24, 1984 Regular Mtg.
October 1, 1984 Special Meeting
6. Public Hearing: 7:45 p.m. 6940 Silver Lake Road
Property Owner, Edward
Werdien, Is Requesting A
Conditional Use Permit To
Construct a 24 Ft. x 24
Ft. Utility Bldg.
7. Residents Requests and Comments From The Floor
CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME
AND ADDRESS FOR THE MINUTES
8. Approval of the Consent Agenda
ITEM A. Set Meeting of Canvassing Board for 5:00 p.m.
nn November 7, 1984
ITEM B. Reschedule November 12, 1984 Regular Council
Meeting to 7:30 p.m. on November 13, 1984
ITEM C. Adopt Resolution No.1816 Appointing Judges for
November 6, 1984 General Election
ITEM D. Set Public Hearing for Kinder Care Application
for Industrial Development Revenue Bond
Financing for 7:40 p.m. on October 22, 1984
Ii'EM E. Set Public Hearing for 1984 Long Term
Financial Plan for 7 :50 p.m. on October 22,
1984.
AGENDA
OCTOBER 8, 1984
PAGE TWO
ITEM F. Adopt Resolution No. 1811 Accepting $87,500
LAWCON /LCMR Grant for Development of Greenfield
Park and Identifying Matching Fund Sources
ITEM G. Adopt Resolution No. 1812 Requesting Action to
Ensure Proper Operation of the Public Employees
Retirement Association
ITEM H. Adopt Resolution No. 1804 Establishing A Policy
Regarding Monies Received From the Minnesota
State Aid Construction Fund for Engineering
Services
ITEM I. Authorize Finance Director to Advertise and
Interview Applicants for Part Time Accounting
Clerk Position
ITEM J. Adopt Resolution No.1815 Supporting the City of
Roseville's Proposal for a Regional Speed
Skating Facility
ITEM K. Approve Six Month Performance Review of Steve
Thatcher and Adopt Resolution No. 1817
Approving The Appointment of Steve Thatcher As
a Full Time City Employee
ITEM L. Approve Resolution NO. 1814 Approving Just and
Correct Claims Against City Funds
ITEM M.
Licenses for Approval
General Expire 6/30/85
Benson -Orth Associates, Inc. New
C.O. Field Co., Inc. Renewal
Kallstrom Builders New
Preferred Builders, Inc. Renewal
Real Estate Diversified, Inc. New
Spancrete Midwest Company New
Heating and Air Conditioning Expire 6/30/85
Anderson Mechanical Renewal
Riccar Heating and Air Conditioning Renewal
Masonry Expires 6/30/85
C. B. Construction New
Kiffmeyer, Inc. New
Excavation Expires 6/30/85
J. R. Walker and Sons, Inc. New
Other Expires 6/30/85
Dolphin Pool and Patio (Pool Installation) New
Hayes Contractors, Inc. (Sprinkler Inst.) -New
AGENDA
PAGE THREE
OCTOBER 8, 1984
ITEM M. Licenses for Approval (continued)
Gambling Device Expires 10/23/84
Mounds View Lion's Club New
9. Consideration of Planning Commission Recommendation on
Holiday Station Stores, Inc. Development Proposal for
2800 Highway 10
10. First Reading of Ordinance No.383 Amending Ordinance
No.195 Establishing Salaries for the Mayor and City
Council
11. Consideration of Staff Memorandum and Adoption of
Resolution Approving the City's Self Evaluation,
Transition Plan, and Grievance Policy Pursuant To
Revenue Sharing Handicapped Discrimination Requirements
12. Report of Director of Public Works /Community Development
13. Report of Attorney
14. Report of Councilmembers Hankner, Blanchard, Doty,
Linke and McCarty
15. Report of Administrator
16. Adjournment
CONSENT AGENDA
OCTOBER 8, 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 an item can b e
removed from the Consent Agenda and placed upon the Regular
Agenda for debate
ITEM A. Set Meeting of Canvassing Board for 5:00 p.
on November 7, 1984
ITEM B. Reschedule November 12, 1984 Regular Council
Meeting to 7:30, p.m. on November 13, 1984
ITEM C. Adopt Resolution No.1816 Appointing Judges for
November 6, 1984 General Election
ITEM D. Set Public Hearing for Kinder Care Application
for Industrial Development Revenue Bond
Financing for 7:40 p.m. on October 22, 1984
ITEM E.
Set Public Hearing for 1984 Long Term
Financial Plan for 7:50 p.m. on October 22,
1984.
ITEM F. Adopt Resolution No. 1811 Accepting $87,500
LAWCON /LCMR Grant for Development of Greenfield
Park and Identifying Matching Fund Sources
ITEM G. Adopt Resolution No. 1812 Requesting Action to
Ensure Proper Operation of the Public Employees
Retirement Association
ITEM H. Adopt Resolution No. 1804 Establishing A Policy
Regarding Monies Received From the Minnesota
State Aid Construction Fund for Engineering
Services
ITEM I. Authorize Finance Director to Advertise and
Interview Applicants for Part Time Accounting
Clerk Position
ITEM J. Adopt Resolution No.1813 Supporting the City of
Roseville's Proposal for a Regional Speed
Skating Facility
ITEM K. Approve Six Month Performance Review of Steve
Thatcher and Adopt Resolution No. 1817
Approving The Appointment of Steve Thatcher As
a Full Time City Employee
ITEM L. Approve Resolution NO. 1814 Approving Just and
Correct Claims Against City Funds
CONSENT AGENDA
PAGE TWO
OCTOBER 8, 1984
ITEM M. Licenses for Approval
General Expire 6/30/85
Benson -Orth Associates, Inc. New
C.O. Field Co., Inc. Renewal
Kallstrom Builders New
Preferred Builders, Inc. Renewal
Real Estate Diversified, Inc. New
Spancrete Midwest Company New
Heating and Air Conditioning Expire 6/30/85
Anderson Mechanical Renewal
Riccar Heating and Air Conditioning Renewal
Masonry Expires 6/30/85
C. B. Construction New
Kiffmeyer, Inc. New
Excavation Expires 6/30/85
J. R. Walker and Sons, Inc. New
Other Expires 6/30/85
Dolphin Pool and Patio (Pool Installation) -New
Hayes Contractors, Inc. (Sprinkler Inst.) -New
Gamblin Device Expires 10/23/84
Mounds View Lion's Club New
rr
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
The Mounds View City Council was called to order by 1. Call to Order
Mayor McCarty at 7:42 PM on October 8, 1984.
The Council thanked the Mounds View Lions Club for
their contribution of $1,368.58 to Groveland Park.
The Pledge of Allegiance was said. 2. Pledge of
Allegiance
MEMBERS PRESENT: Councilmembers Hankner, Blanchard, 3. Roll Call
Doty, Linke and McCarty.
ALSO PRESENT: City Attorney Meyers, Clerk /Admini-
strator Pauley and Public Works /Community Development
Director Thatcher.
Motion /Second: Doty /Linke to approve the September 4. Approval of
24, 1984 minutes as corrected. Minutes:
September 24,
5 ayes 0 nays 1984 and
October 1, 1984
Motion /Second: Linke /Hankner to approve the October
1, 1984 minutes as presented.
5 ayes 0 nays
Charlotte Forslund, 7886 Sunnyside Road, announced
the Concerned Citizens will be holding an infor-
mational meeting on the recently adopted Master
Plan on October 9, 1984 at the Bel Rae Ballroom,
beginning at 7:30 PM.
Mayor McCarty closed the regular meeting and opened
the public hearing at 7:46 PM.
Regular Meeting
October 8, 1984
Mounds View City Hall
2401 Hwy. 10, Mounds View, MN 55112
Motion Carried
Motion Carried
5. Residents
Requests and
Comments from
the Floor
6. Public Hearing:
6940 Silver Lake
Road CUP
Mounds View City Council October 8, 1984
Regular Meeting Page Two
Mr. Werdien had no comment on the request.
Mayor McCarty closed at the public hearing and
reopened the regular meeting at 7:46 p.m.
Clerk Administrator Pauley presented an 7. Approval of
addendum to Item C of the consent agenda the Consent
and asked that it be included for approval. Agenda
Motion /Second: Doty /Hankner to approve the
consent agenda, with the attachment to Item
C, and waive the reading of the resolutions
5 ayes 0 nays
Motion /Second: Linke /Hankner to approve
the conditional use permit for Holiday
Station Stores at 2800 Highway 10.
Councilmember Hankner aye
Councilmember Blanchard nay
Councilmember Doty nay
Councilmember Linke aye
Mayor McCarty nay
Motion Carried
8. Consideration
of Planning
Commission
Recommendation
on Holiday
Station Stores
2800 Hwy. 10
Motion Failed
Councilmember Linke pointed out the zoning noes rule
in this case, and the development would be in
conformance with the existing zoning. He pointed out
everything was in order with the exception of the
required parking space, and that there is no real
reason other than the Comp. Plan to deny the
applicants request. He pointed out the courts allow
the zoning to rule.
Councilmember Blanchard stated the Planning Commission has
recommended against the development for very valid reasons,
and the Council should not go against their recommendation.
She stated she felt the development goes against the Comp.
Plan.
Councilmember Hankner stated she agreed with Councilmember
Linke's thoughts, and that they had been advised by Attorney
Meyers that the zoning ordinance carries, and the land is
currently zoned for the proposed development.
Councilmember Doty stated he felt the Planning Commission
had valid reasons for denial, and it may be in the City's
best interest to follow the Comp. Plan and then rezone.
Mayor McCarty stated that for the most part, he felt the
traffic information which was compiled by the developer
was inadequate, not did the developer use the City's planner
as requested by the Planning Commission as
they had been asked to. He added this develop-
ment had been caught in the middle of the
Mounds View City Council October 8, 1984
Regular Meeting Page Three
Planning Commission's rezonings.
Attorney Meyers asked the Council to specify what
findings were being made to support the denial of
the motion. The Council replied Resolution No.
123 -84 of the Planning Commission.
Mayor McCarty read a memo he had presented 9. 1st Reading
to the Council earlier in the evening re- of Ordinance
garding proposed Ordinance 383, and asked 383
that it become part of the minutes.
Motion /Second: McCarty /Doty to deny Ordinance
No. 383 and future Councils may take up at the
proper time.
2 ayes
3 nays Motion Failed
Councilmembers Linke, Blanchard and Hankner
voted against the motion.
There was considerable discussion among the
Councilmembers with statements being made tI- t
this item was a political issue, and statements
regarding party eodoresements.
Councilmember Hankner stated that many months
ago the Council had discussed this item at an
agenda session, and she had proposed a task force
to review it, with our members of the Council
stating they could agree to that. She explained
a search had begun for a task force, but it became
too late in the budget process to set one up. She
reviewed the proposed increase, stating it is about
average of cities the same size in the metro area, and
is in keeping with the City policy of maintaining medium
range salaries as for the salary increases proposed for
Staff. She also pointed out there had been no increase
in the Council salaries since 1972 and for the amount of
work the Council puts in she felt this was fair.
Councilmember Blanchard stated she felt now was the
time to vote on it, and she was in favor of having the first
reading of the ordinance.
Mayor McCarty stated he felt it an increase in compensation
was in order for. the Council, they should take it on a
biannual basis and give the residents the opportunity to
approve it at the ballot box.
:'here was considerable discussion among the Council
regarding whether a special election would fulfill the
requirement for the ordinance to go into effect.
Mounds View City Council
Regular Meeting
Bill Fritz, 8072 Long Lake Road, recommended having
the first reading. He also questioned if the proposed
raises were in the budget that was approved two weeks
ago.
Councilmember Hankner replied that yes, they had been,
under the City Council portion of the budget.
Mayor McCarty explained the procedure for adopting
Council salaries.
Attorney Meyers reviewed
garding compensation for
pointed out an ordinance
increases in salary, and
budget.
Mayor McCarty reviewed the proposed raises, and
stated he felt the ordinance could go nowhere until,
1986. He added he had spoken to the Attorney General's
office, and he felt it was the intent of the statutues
to require accountability; however, it does not draw
a distinction between regular and special elections.
Councilmember Hankner stated she had also spoken with
the Attorney General's office and other attorneys
regarding the State statutues and charter, and was
told the ordinance would not become effective until
the next municipal election.
Motion /Second: Linke /Hankner to approve the first
reading of Ordinance No. 383 and set a public hear-
ing for the next regular Council meeting and publish
notices, and waive the reading of the ordinance.
3 ayes 2 nays
portions of Chapter 2.09 re-
the Mayor and Council. He
is required to approve
the money is already in the
Councilmember Doty and Mayor McCarty voted against the
motion. Clerk /Administrator Pauley read Ordn. No. 383.
Mrs. Forslund stated she felt the Ordinance should
have been approved when the budget was approved.
Motion /Second: McCarty /Doty to amend the previous
motion to table action until Attorney Meyers has had
time to determine if the matter is in order and in
compliance with State laws.
2 ayes 3 nays
Councilmembers Linke, Blanchard and Hankner voted
against the motion.
Councilmember Hankner stated the next two weeks can
be used to review the ordinance, before the second
reading.
October 8, 1984
Page Four
Motion Carried
Motion Failed
Mounds View City Council October 8, 1984
Regular Meeting Page Five
Attorney Meyers reviewed 415.11, which regulates
when salaries go into effect, after the next
succeeding election. The Charter says it takes
effect 30 days after publication, or such later
date as is specified. He stated he feels that if
it is adopted at the second reading, it would
require 30 days past publication to take effect,
and if there is a special election, the issue will
have to be addressed then.
Clerk /Administrator Pauley reviewed the memo from
Finance Director Brager dated October 3, 1984.
Motion /Second: Doty /Blanchard to approve Reso-
lution No. 1813 and waive the reading.
5 ayes 0 nays
Director Thatcher presented the Council with five
proposed resolutions regarding special assessments.
Motion /Second: McCarty /Doty to adopt Resolutions
17 through and inclusive of No. 1809, and
waive he reading.
5 aye! 0 nays
Director Thatcher reviewed proposed Resolution
No. 1810.
Motion /Second: Doty /Blanchard to approve Resolu-
tion No. 1810, concurring with Planning Commission
Resolutions No. 120 -84 and 121 -84, as presented.
5 ayes 0 nays
Attorney Meyers reported he had met with Mr. Perez.
and Mr. Merritt regarding noise strategy.
Attorney Meyers reported the Greg Johnson case had
started today, and they would be on call this week.
Attorney Meyers reported the Naegle Company was
notified the political sign in question should be
removed, but another one went up in its place on
the same day, on the same billboard. He added a citation
10. Consideration
of Staff Memo
and Adoption of
Resolution
Regarding Revenue
Sharing Handi-
capped Rglts.
Motion Carried
Report of
Director of
Public Works/
Community Dvlpt,
Motion Carried
Motion Carried
Attorney Meyers reported he had been invited by the 12. Report of
Concerned Citizens to attend their meeting on Attorney
October 9. He reported the questionaires he has
been distributing regarding the airport have proven
to be quite valuable.
Mounds View City Council October 8, 1984
Regular Meeting Page Six
had been issued, but he had received a call from the
Naegle legal counsel and was told they feel it is an
infringement on their rights, and they are prepared
to fight it as far as necessary.
Motion /Second: McCarty /Doty that the Council direct
Attorney Meyers to not issue any further citations
against Naegle and research the validity of the City's
Code.
5 ayes
5 ayes
0 nays Motion Carried
Attorney Meyers advised that three citations have
been issued, but the courts generally group the
citations as one.
Councilmember Hankner recommended that due to time- 13. Reports of Council
line constraints, the newsletter delivery be moved members
from October 29 to November 7, rather than eliminate
areas of the newsletter.
Motion /Second: Hankner /Linke to change the delivery
of the City Newsletter from October 29, 1984 to
November 7, 1984.
0 nays Motion Carried
Councilmember Blanchard had no report.
Councilmember Doty recommended preparing a resolution
of appreciation to Frank Gabrysh for his attendance
at City Council meetings.
Motion /Second: Doty /Linke to have Staff prepare a
resolution of appreciation for Frank Gabrysh.
5 ayes 0 nays
Councilmember Linke reported the Ramsey County League
meeting will be in Mounds View on October 17.
Motion Carried
Mayor McCarty had no report.
Clerk- Administrator Pauley reported the Spring 14. Report of Clerk
Lake Park /Blaine /Mounds View Fire Department Administrator
Relief Association has registered itself as a
political action committee, and he has submitted
a letter to Attorney Meyers, with the approval of
Blaine and Spring Lake Park, asking whether it is
okay since they are funded with tax dollars, a.nd also
uestioning the ethics.
Mounds View City Council October 8, 1984
Regular Meeting Page Seven
Mayor McCarty asked how the citizens would be informed
of where to vote, if the newsletter is going out late.
Clerk /Administrator Pauley replied though the New
Brighton Bulletin, notices posted at City Hall and on
the sign in front, and so forth.
Dennis Petrini, 8434 Sunnyside Road, questioned whether
there is an ordinance regarding party designation for
local candidates on signs.
Mayor McCarty replied he had been informed by the
Attorney General's that there are no restrictions.
Motion /Second: Blanchard /Hankner to adjourn the 15. Adjournment
meeting at 9:20 PM.
5 ayes 0 nays
Motion Carried
'"•Em9O TO: CITY COU CI
DATE: OCTOBER 8, 1984
ORDINANCE #383. AN ORDIi-'AiiCr' FOR COUNCIL PAY RAISES
As you know, the lawfully re' _'.irer. ordinance that is necessary to
implement the ]98= council raises, as proposed by the DrL
majority caucus on the Cit;; Council, may not have been implemented
by the authors of those increases in time to fulfill statutory
requirements for such action.
As we have previously discusse_, any self Liven salary increases
untie= state law may only be implemented, after the. next municipal
election occurring in the city, following the full adoption :.of .an
enacting ordinance prior to said election. Also, the "existing City
Charter time requirements, for the full adoption and iipler^entation
of ordinances, preclude compliance with su "ch" state law "prior to the
upcoming 'general election on 'ovember 6,198
It now appears that there is cnEoi::g intent to implement ..council
pay raises in the event that s-r.•ecial election will be held after
the ugccning general election :his of course would occur if the
incumbent councilr,er :giber who h s filet: for mayor is elected to that
office thereby creatin` c. ceui cil vacancy and the necessity for a
special election.
j l c there is seem in ne a plate di, tinetien in the lc: it
would appear reasonable .r at :_east r.rudent, to conclude that the
e:7a2 definition "next 1 municisal election should to
interpreted to sie,en a biennial :eneral eicct.i.en i nvolving the remuia r'
election of two co'.,:,nc 1 l- ;r'. d the r If e
t: n c :a L' "'.c'S'i Q',' can a, Ee that
the purpose of the :aw is tp re ^ll_`: e accountability to ttie =:bl c
in the event of st''_. ver a ra i incumbent e mb e r
count__ -:e s
then it would see 0:; _'c son able to iscc' :nt any antici -'aced
legi elections to fill e he
i_ sin vacancy on t
GnC. debt proposals, 1 r council. decide
C
o; sals, o' ;n other :.ecial purpose ballets, as not
-:eetin` the accot.ntsbil_ intent in the 1... n pay
eg3rdin council c
raises.
is personal res_ticr proT.coed ordinance ce L3''? be denied
es nccnsistent „tat e
any .:cess or unallocated funds
in the 1F. �-S5 nrcrc_ Me_ e proposed city _-ur bud, t transfered to the lenerG l ?und ccntinper :cy account.
(]:t.' idr in :Lst va t•or
C'11.;' Attornf-