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HomeMy WebLinkAboutMinutes - 1996/10/14,~ ~ ~ ~ ;~ ~ ~~ t /w~ ~~ iy ..i ~ S`ta t':ih'Y' r a `~s .s Page 1 October 14, 1996 Mounds View City Council PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 14, 1996 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 CALL TO ORDER The Mounds View City Council was called to order by Mayor Linke at 7:00 p.m. on October 14, 1996. • PLEDGE OF ALLEGIANCE ROLL CALL MEMBERS PRESENT: Mayor Linke, Council members Trude, Blanchard, and Hankner MEMBERS ABSENT: Council member Quick ALSO PRESENT: Chuck Whiting, City Administrator Mike Ulrich, Director of Public Works Bob Long, City Attorney ADDITIONS TO THE AGEND.~: Mayor Linke asked that two items be added to the Agenda, Consideration of Resolutions 5029 and 5030, to be discussed immediately following the approval of the City Council minutes of September 23, 1996. APPROVAL OF MINUTES: a. September 23, 1996 Regular City Council Meeting. MOTION/SECOND: TrudeBlanchard to approve the minutes of the September 23, 1996 Regular City Council Meeting as presented. VOTE: 4 ayes 0 nays Motion Carried Page 2 October 14, 1996 Mounds View City Council Consideration of Resolution 5029, Resolution Accepting Council member Hankner's Letter of Resignation. Mayor Linke explained that when a Council member resigns from the City Council, according to the City Charter the resignation must be acknowledged via Resolution, not by simple motion. At the last meeting, staffhas had an opportunity to draft Resolution No. 5029. MOTION/SECOND: LinkeBlanchard to approve Resolution No. 5029, Resolution Accepting Council member Hankner's Letter of Resignation. VOTE: 4 ayes 0 nays Motion Carried Consideration of Resolution No. 5030, Resolution Declaring a Vacancy to Exist on the Mounds View City Council and Providing Notice that the Vacancy will be filled at the Upcoming City General Election. Mayor Linke noted that this was approved at the September 23, 1996 City Council meeting and Resolution No. 5030 reaffirms the Council's actions. MOTION/SECOND: LinkeBlanchard to Approve Resolution No. 5030, Resolution Declaring a Vacancy to Exist on the Mounds View City Council and Providing Notice that the Vacancy will be filled at the Upcoming City General Election. VOTE: 4 ayes 0 nays Motion Carried ACCEPTANCE OF ADVISORY COMMISSION MINUTES: EDC Minutes -August 22, 1996; It was noted that some Council members did not receive copies of the Minutes in their Agenda Packet and therefore it would be necessary to table approval of them until they have had sufficient time to review them. MOTION/SECOND: Hankner/Trude to table acceptance of the EDC Minutes of August 22, 1996 until the Council has had sufficient time to review them. VOTE: 4 ayes 0 nays Motion Carried SPECIAL ORDER OF BUSINESS: a. Presentation of Proclamation Stating October 14 - 18, 1996 as Minnesota Manufacturers Week in Minnesota. Mayor Linke took this opportunity to read the Proclamation. • CONSENT AGENDA: • Page 3 October 14, 1996 Mounds View City Council Mr. Whiting, City Administrator read the Consent Agenda as follows: A. Approval of Resolution No. 502b, Approving Just and Correct Claims Against City Funds. B. Adoption of Resolution No. 5023, Approving a Wage Adjustment for Tammy Saefke, Recording Secretary. C. Adoption of Resolution No. 5024, Approving a Step Adjustment for Richard Kajawa, Custodian. D. Readoption of Resolution No. 4977, Approving a Conditional Use Permit to Allow an Oversized Garage for Church Upon the Rock, 7901 Red Oak Drive, Case No. 451-9b, to Add a Legal Description and Correct a Typographical Error in the Dimensions Allowed for the Oversized Garage so they read 24' X 52'. E. Licenses for Approval: HVAC - (New) B & D Plumbing and Heating J. Smith Heating and Air Conditioning B J & M Plumbing & Heating Co. • S & W Heating Total Air, Inc. Sewer/Water - (Renewal) Schulties Plumbing, Inc. Cichy's Water and Sewer Asphalt - LNew) Metro Paving, Inc. Other - (Renewall Herbst & Sons Construction Co., Inc. Sign - (Renewal DeMars Signs, Inc. MOTION/SECOND: Hankner/Trude to approve the Consent Agenda as submitted. VOTE: 4 ayes 0 nays Motion Carried RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR. Mayor Linke explained that this portion of the meeting was designated for anyone who wished to speak to the Council on items that were not on the Agenda. Russ Warren, 8044 Greenwood Drive, Chairman of the Charter Commission, explained that the Charter Commission met on October 3, 199b and there were two actions taken which they wished to bring to the Page 4 • October 14, 1996 Mounds View City Council attention of the City Council. He noted that the Council's action on September 23, 1996 in accepting Council member Hankner's resignation by a simple motion appears non-conforming to Charter Section 2.05, MN State Law 410.21 and Charter Section 4.05. He further stated that the Charter Commission respectfully suggests that Council member Hankner resubmit her resignation effective by November 4, 1996 to insure compliance with the Charter requirements should it remain her desire to avoid a Special Election. The Charter Commission also requested that the City Council not act on any Charter changes currently before them. Mr. Bob Long, City Attorney, explained that the Council was unaware of Ms. Hankner's resignation until the September 23rd meeting, therefore a Resolution had not be prepared for approval at the meeting. What the Council did was act by a motion due to the absence of a written resolution with the intention of approving the Resolution at the next meeting. He explained that the City has followed the Charter requirements and that under Section 2.05 of the Charter, one of the conditions in which the City Council can acknowledge a vacancy that is deemed to exist is when a written resignation is before them. A written letter was submitted by Ms. Hankner at the September 23rd meeting. In regard to resignations which become effective at a future date, the Charter is silent, and therefore the City must refer to State Law. Ruth White, 2917 County Road I, noted a correction of Charter Commission Resolution 96-1. The ninth paragraph should be changed from "City Council" to "City Charter". Alice Fritz, 8072 Long Lake Road, stated as an election judge she feels the way the Ms. Hankner's Council seat will be filled is unfair to people who are now running for office and those who may have run if they had been aware of the other position available. She feels it is unfair to the voters because the ballots will not disclose that they will be voting for three. She would like the Council to reconsider having a special election. David Jahnke, 8428 Eastwood Road, asked if the ballots will be fixed so that voters will know that they are voting for three. Mayor Linke noted that the ballots will not be fixed. Attorney Long explained that the State Law requires that the City turn in the names of the candidates to the County Auditor within 45 days of the election. At the time they were submitted, there were only two council seats open. The Charter also states that the City cannot file less than 56 days before the election. Therefore, the seats will be filled by the two receiving the most votes, but a third name is not being listed on the ballot because they have already be turned in to the County. Mayor Linke explained that the voters will be electing the two four-year term seats. Voters will be made aware that even though they are only voting for two, three people will be elected. The third highest vote will take over Ms. Hankner's remaining two years. Ms. Hankner explained that in a general election, there will be a larger number of people voting that the city will get in a special election. The city is following the State Law and the Charter Requirement and the City is fulfilling their responsibility of abiding by those guidelines. • It was noted that voters will be told that they can only vote for two. If they vote for three, the ballot will be spoiled. Page 5 October 14, 1996 Mounds View City Council Mr. Jahnke also asked if the Bel Rae would be aself-supporting building and if the city knew how much money would need to go into the building. A discussion followed. Mayor Linke gave a brief summary of what types of uses the building could house. Until a decision is made as to what exactly the building will be used for, it is difficult to know. At this time, he does not anticipate tax dollars going in to support the building. Mr. Whiting noted that an Information Meeting would be held in regard to the Bel Rae on Monday, October 21, 1996 at 6:00 p.m. Residents are urged to attend to get an update on the status of the project and also to provide input. Duane McCarty, 8060 Long Lake Road, stated he feels there is nothing in the Charter that would have prevented the City Council from stating "Vote for Three" on the ballot. Mr. Long stated he spoke with Ms. Pelzer of Ramsey Council Election Bureau and there were not filings open for the third seat and the city had already certified the names of the candidates so the ballot could not be printed as "Vote for Three" when there were not three offices officially listed on the ballot. Therefore, it likely would have created more confusion to have listed the ballot that way. PUBLIC HEARINGS: Public Hearing in Consideration of Ordinance 591 Relating to Licensing Amending Title 500, Chapter 502 and 503, Sections 502.03, 502.Ob, 502.07, 503.03, 503.Ob and 503.07 by Adding New Subdivisions to the Mounds View Municipal Code. Mayor Linke opened the Public Hearing at 7:43 p.m. Mr. Long noted that this Ordinance gives the procedure set up and the authority to allow for temporary intoxicating and non-intoxicating liquor licenses for certain events held on City public property. The Insurance provider for the city is recommending different dollar amounts than what staff originally proposed for licensing requirements and therefore, the Council may wish to amend the ordinance prior to its adoption to reflect those changes. Changes would be necessary in Sections 502.07, Subd. 1(E) and also in 503.07, Subd. 1(C). Mr. Duane McCarty, 8060 Long Lake Road, asked what impact this Ordinance could have on other city owned property such as parks, etc. Mr. Long noted that each event would need a temporary license so the city would have the ability to deny the request. Ms. Hankner stated this was a concern she raised earlier and she would feel more comfortable if the temporary liquor licenses were restricted to just the Bel Rae facility and the golf course. Mayor Linke closed the Public Hearing at 7:56 p.m. COUNCIL BUSINESS: • . Page 6 October 14, 1996 Mounds View City Council A. Consideration of the Adoption of Ordinance 591 Relating to Licensing, Amending Title 500, Chapter 502 and 503, Sections 502.03, 502.06, 502.07, 503.03, 503.06 and 503.07 by Adding New Subdivisions to the Mounds View Municipal Code. MOTION/SECOND: Hankner/Trude to table this until the Regular Council Meeting on October 29, 1996 to allow for changes to be made to the Ordinance incorporating the specific facilities and the recommended insurance coverages. VOTE: 4 ayes 0 nays Motion Carried B. Consideration of Granting a Limited Use Agreement to Mr. Benjamin T. Do11 to A11ow a Concrete Driveway in a Portion of the Unimproved Right-of--Way for Greenwood Drive East of 2601 Sherwood Road. Mr. Whiting noted that this agreement is meant to accommodate Mr. Doll who inadvertently built part of his driveway in the public right-of--way. It was noted that Mr. Doll will be responsible for any maintenance or repair of the driveway and that he will pay for the removal of the driveway upon the city's termination of the agreement. MOTION/SECOND: Blanchard/Linke to grant the limited use agreement to Mr. Benjamin T. Doll to allow a concrete driveway in a portion of the unimproved right-of--way for Greenwood Drive east of 2601 Sherwood Road. VOTE: 4 ayes 0 nays Motion Carried C. Consideration of Resolution No. 5028 Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment to Those Property Owners Affected by the Reconstruction of Bronson Drive. Mr. Ulrich noted that in accordance with City Code and Charter, staff has set an Assessment Hearing for November 12, 1996 at 7:10 p.m. MOTION/SECOND: Hankner/Trude to Approve Resolution NO. 5028, Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment to Those Property Owners Affected by the Reconstruction of Bronson Drive. VOTE: 4 ayes 0 nays Motion Carried D. Consideration of Resolution No. 5027 Rescinding Resolution No. 4987 Establishing a Uniform Schedule of Fees and Charges. Mayor Linke explained that this revises the fee schedule for the city, incorporating the fees for Therapeutic Massage Licensing, temporary intoxicating liquor licensing, the building permit fee for telecommunications antenna and fees for usage of the Bel Rae facility. Mr. Ulrich noted that he felt the city should consider setting an hourly set up fee as some events would • require more set up time than others. Page 7 October 14, 1996 Mounds View City Council Mr. Whiting stated he felt when the city is confronted with a use request which would require more intensive set up or clean up, they may need to reconsider the fees at that time. MOTION/SECOND: Hankner/Trude to Approve Resolution No. 5027, Establishing a Uniform Schedule of Fees and Charges. VOTE: 4 ayes 0 nays Motion Carried E. Consideration of Resolution. No. 5022, Approving the Recycling Grant Request to Ramsey County and Authorizing Acceptance of any Allocated Funding. Mr. Whiting noted that the amount being requested is $25,420. MOTION/SECOND: TrudeBlanchard to Approve Resolution No. 5022, Approving the recycling Grant Request to Ramsey County and Authorizing Acceptance of any Allocated Funding. VOTE: 4 ayes 0 nays Motion Carried REPORTS: Report of Council members: Trude: No report. Blanchard: No report. uick: No report. H er: No report. Report of Mayor Linke: Mayor Linke stated he has received calls from several residents in regard to the kitchen facility at the Bel Rae. Comments have been made that the kitchen has been condemned and he would like to clarify this. Suggestions for changes to the kitchen have been made by the inspectors before it can be licensed. Report of Administrator: No report. Report of Staff: Mr. Ulrich noted that the Sewer Department has been doing some underground inspections of the city sewer mains and if residents receive a photo from the department they likely have root problems and he would recommend contacting the city for explanation or contact a sewer cleaning company to take care of the problem. Report of Attorney; Mr. Long stated he had attended the Airport Task Force meeting immediately preceding the Council meeting. An additional meeting has been scheduled for October 28th at 7:00 p.m. to hear from the Noise Abatement Planners in regard to some of the potential restrictions that can be put on • the airport by the Noise Abatement Plan that will be adopted and also the concerns about the proposed Page 8 October 14, 1996 Mounds View City Council capital improvements that have been suggested as a part of the comprehensive update that may not be permitted by the Airport Decree. MOTION/SECOND: LinkeBlanchard to request that Mr. Long be in attendance at the October 28th meeting of the Airport Task Force. VOTE: 4 ayes 0 nays Motion Carried Mayor Linke noted that the next Council Work Session will be held on November 4, 1996. The next Regular Council Meeting will be on October 29, 1996 (Tuesday) at 7:00 p.m. An Informational Meeting in regard to the Bel Rae facility will be held on October 21, 1996 at 6:00 p.m. Mayor Linke adjourned the meeting at 8:25 p.m. Respectfully submitted, Tamara D. Saefke Recording Secretary MOUNDS VIEW CITY COUNCIL MEETING r i~L~ASF ~~ 1 ~ ~ Please sign ~~ NAME ADDRESS ~? / ~- ~~ ~, , . s f .... `^ lam: r .K-' ~. ~ ti ,~; , , it ~, •~~ ~ i , ~ ;; E.~/V ~ G . ~, ~~ ~ j ~.r r ., en ,c~rz~.~ ~~ll ~~~~ 5 h~~-wa~~ R~~ /'.'lay,+~s l~~eti. sSr to _ ~, .. _,_ I