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HomeMy WebLinkAboutMinutes - 1998/06/08• June 8,11998 Mounds View City Council PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting June 8, 1998 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 1. CALL MEETING TO ORDER: The Mounds View City Council was called to order by Mayor McCarty at 7:02 p.m., on June 8, 1998. 2. ROLL CALL: . MEMBERS PRESENT: Mayor McCarty, Council Members Gunn, Koopmeiners, Quick, and Stigney. ALSO PRESENT: Chuck Whiting, Clerk Administrator; Cari Schmidt, Assistant to the City Administrator; Rick Jopke, Community Development Director; Jim Ericson, Planning Associate; Bob Long, City Attorney; Dave Hix, Recording Secretary. 3. APPROVAL OF MINUTES: A. May 26, 1998 City Council Meeting Minutes Mayor McCarty asked for additions and/or corrections to the May 26, 1998 City Council Meeting Minutes. MOTION/SECOND: Koopmeiners/Gunn to approve the May 26, 1998 City Council Meeting Minutes as submitted. VOTE: Ayes - 5 Nays - 0 Motion Carried. 4. SPECIAL ORDER OF BUSINESS Administrat r Whitin offered the followin addition to and deletion from the meetin a enda: o g g g g • Page 2 June 8, 1998 Mounds View City Council APPROVED Add under the "CLOSED SESSION" another briefing on the Golf Course Litigation. Delete Item 7D, Consideration of Community Center HVAC Change Order. The information needed to make a report was not ready for the meeting. MOTION/SECOND: Stigney/Koopmeiner to approve the Agenda as amended. VOTE: Ayes - 5 Nays - 0 Motion Carried 5. CONSENT AGENDA Mayor McCarty read into the record Item SC as follows: "There will be a Public Hearing set at 7:05 p.m., Monday, June 22, 1998, to consider Resolution No. 5242, a Resolution approving a Conditional Use Permit for an oversized accessory building at 2085 Oakwood Drive." Mayor McCarty read into the record Item SD as follows: "There will be a Public Hearing set at 7:10 p.m., Monday, June 22, 1998, to consider Resolution No. 5243, a Resolution approving a • PUD amendment to the Silverview Estates PUD and development review for a senior cooperative housing development." MOTION/SECOND: Quick/Gunn to approve the Consent Agenda as submitted. VOTE: Ayes - 5 Nays - 0 Motion Carried 6. RESIDENTS' REQUEST AND COMMENTS FROM THE FLOOR Mayor McCarty asked if there was anybody wishing to address the Council on items not on the agenda. Wendy Marty, 2626 Louisa Avenue, made reference to a discussion that had taken place at the City Council's work session held the week of May 26, 1998. At that meeting there was a discussion concerning the City's policy in regards to filing communications from the citizens that are mailed into the City offices. It was noted that these communications were being kept in several different places and at times several different departments. This filing policy has lead to the misplacing and loss of letters in regards to the Red Oaks No. 3 Concept Plan that had been submitted by the Harstad Company. The City Administrator acknowledged receipt of the letters but had no explanation for the missing letters that Ms. Marty had referenced. Ms. Marty resubmitted to each Council Member a copy of each of the 401etters that allegedly had been lost. Copies were also given to The City Administrator to place in the City files. Copies were also left • for each Planning Commission member, these copies were left with Chuck Whiting to distribute to the Planning Commission. • Page 3 June 8, 1998 Mounds View City Council APPROVED Ms. Marty stated she had personal knowledge of two petitions with at least 500 signatures regarding the O'Neil Property. These petitions had been submitted in the spring of 1997, they were both missing from the City files. This was discover upon inspection of the O'Neil files which were available as public record in the City offices. Ms. Marty requested that the City take steps to maintain a better filing system. Administrator Whiting apologized for the confusion that had been created by the City's filing policy. He stated the filing system has been placed under review and is currently being reorganized to help improve the services that are available to the City staff and City residents. Mayor McCarty stated that the City has recognized there is a better way to keep records. A central approach tying all of the City's departments together is being worked on. 7. COUNCIL BUSINESS A. Public Hearing and Consideration of Resolution No. 5241, a Resolution Approving a Conditional Use Permit and a License for a Residential Dog Kennel at 2359 • Pinewood Circle. Mayor McCarty closed the regular Council meeting and opened the floor to the public for their comments. Associate Ericson gave his report as follows: Scott and Marcia Dumonceaux, 2359 Pinewood Circle, were applying for a Conditional Use Permit for a residential dog kennel. City Code requires a CUP for ownership of three to four dogs. The applicants own four dogs. As a condition of licensing for these animals, it is required that the animal owners obtain signatures of approval from more than 50 percent of the residents within 500 feet of the property proposing the kennel. The applicants had received 30 signatures which fulfilled the requirement. The Planning Commission, at its meeting on May 20. 1998, voted unanimously to approve a resolution recommending approval of this CUP request to the City Council. A dog nuisance background check was done with the City Police Department. There were two reports of barking dogs that had been turned in against this property. Based on the information gathered, and the analysis of the CUP criteria, Staff and the Planning Commission recommended that the City Council approve Resolution 5241, a resolution approving a Conditional Use Permit and license for a dog kennel for Scott and Marcia Dumonceaux, located at 2359 Pinewood Circle, with stipulations. • Charles Mectel, 5533 St. Michael Street, spoke in opposition of granting the CUP and license. Mr. Mectel stated he was one of the parties making the police report in regards to barking dogs. Page 4 June 8, 1998 Mounds View City Council He stated there had been a misprint in the New Brighton Bulletin, which had reported the Public Hearing as being scheduled for Tuesday May 8, 1998. Rod Melbo, 5601 St. Michael Street, spoke in opposition of granting the CUP and licensing. He, too, stated his reason as being the barking of the dogs. He stated he has never made a complaint to the Police Department. Harold Grady, 5545 St. Michael, spoke in favor of granting the CUP and license. He stated the dogs are provoked by squirrels and other dogs in the neighborhood and he suggested that the City regulate the wild life in the neighborhood as a solution to keeping the dogs quiet. Marcia Dumonceaux, 2359 Pinewood Circle, stated that she and her family had made a concerted effort to keep the dogs quiet. She told the Council that she would be willing to work with, not only Mr. Mectel, but all of the neighbors to help keep all of the dogs in the neighborhood as quiet as possible, considering that dogs do occasionally need to bark. Barbara Liukkonen, 2367 Pinewood Circle, spoke in favor of granting the CUP and license. She agreed that the applicant's dogs are provoked by other dogs and wild life in the neighborhood. Ms. Liukkonen told the Council the applicants are very conscientious about keeping the dogs as quiet as possible. Mayor McCarty closed the public hearing and reopened the regular meeting of the City Council for consideration of the matter. MOTION/SECOND: Gunn/Koopmeiners to approve Resolution 5241, a resolution approving a Conditional Use Permit and license for a dog kennel for Scott and Marcia Dumonceaux, located at 2359 Pinewood Circle, with stipulations. Stigney suggested that one of the stipulations should read that the City Council can review and revoke the CUP and license at any given time, if complaints continue to be filed with the City. Associate Ericson pointed out to the Council, item No. 4 under the stipulations list, this was one of the conditions of approval as written in the Resolution 5241. He added that the City Council, as one of its functions, has the right to review and revoke, with reason, any CUP that it grants. VOTE: Ayes - 4 Nays - 1(Quick) Motion Carried Mayor McCarty reiterated the City's position on granting the CUP and the license: The CUP and the license can be reviewed and revoked if complaints about the dogs continue. He urged the applicants and all of the neighbors to work with each other in an effort to control all of the dogs in their neighborhood. • Page 5 June 8, 1998 Mounds View City Council APPROVED B. Second Reading and Adoption of Ordinance No. 617, an Ordinance Amending Title 1100, Chapters 1114 and 1115 of the Municipal Zoning Code relating to the permitted uses within the B-3 Highway Business, and B-4, Regional Business Zoning Districts. MOTION/SECOND: Quick/Koopmeiners to approve and waive the second reading of Ordinance 617. ROLL CALL VOTE: Council Member Quick Aye Council Member Stigney Aye Council member Koopmeiners Aye Council Member Gunn Aye Mayor McCarty Aye Motion Carried(5-0) C. Consideration of Resolution No 5244, Changing Election Polling Location to Edgewood Middle School. MOTION/SECOND: Gunn/Quick to approve Resolution No. 5244. VOTE: Ayes - 5 Nays - 0 Motion Carried Administrator Whiting asked Ms. Schmidt to state the dates of the filings and of the elections. Assistant Schmidt stated the filing dates for local offices are July 7-21 and Tuesday September 15, as the date of the primary election. Tuesday November 3, is the general election date. Koopmeiner questioned the dates. Ms. Schmidt told the Council she would verify the dates and forward the information to the City Council. City Attorney Long stated the Charter states the deadline for filing for City Offices as being "no earlier than 70 days nor later than 56 days before any municipal election." He stated this would include a special and a primary election. The Mayor agreed, stating the Charter is in compliance with state law on local elections. Ms. Schmidt stated she had received the dates from the Minnesota Ballot Bulletin. She had been in contact with the State in regards to changing the polling location. The State verified the dates • as stated, she said. Again she told the Council she would verify the dates and let the Council know if they are to be changed from what was stated. • Page 6 June 8, 1998 Mounds View City Council E. Work Session Format Approval APPROVED Mayor McCarty stated the issue as being whether or not to continue televising the work sessions over the communities cable access channel. One side of the issue is that televising stifles input and in other cases it leaves the City at a disadvantage in that proprietary information, that might be in the best interest of the residents to keep in house, is made public. No specific resolution was on the table, rather the opportunity to offer a motion relative to the continuing or not continuing of the cable broadcast of work sessions. MOTION/SECOND: Quick/Koopmeiner to cease televising the broadcasting of the City Council work sessions over the City's cable access channel. Stigney voiced opposition to the motion stating it is the citizens' right to have access to City government by whatever means that are available. The funding for the televising does not come from the general fund but comes from a cable franchising fee, so money is not an issue. Mayor McCarty agreed, but added the troublesome part of the issue is that the City Council could not keep vital information private to the City. There has to be an opportunity to discuss issues in defense of the City's residents without having the wrong parties get the information too quickly. Quick stated as an example,"if you're dealing with burglars you don't broadcast that information over the TV set". C~ J Stigney suggested screening the agenda and not discussing things that would be a detriment to the City. Quick stated all work sessions are open to the public. Stigney responded, the theory behind cable is to save the citizens the trip, make it easier for them to be involved in the workings of the City government. Rob Marty, 2626 Louisa Avenue, spoke in favor of having the City Council Work session televised. He stated the televised work sessions helped him find out about the Harstad project that was being proposed for his neighborhood. MOTION/SECOND: McCarty/Stigney to table consideration of televising the City Council work session until further notice. VOTE: Ayes - 3 Nays - 2(Koopmeiners, Quick) • Page 7 June 8, 1998 Mounds View City Council Motion Carried. 8. REPORTS Council Member Stigney had no report. APPROVED Council Member Gunn told the Council the Pinewood Playground will be closed this weekend for resurfacing of the parking lot. She stated the volunteer work force is in need five more laborers to help with the resurfacing process. Council Member Koopmeiners had no report. Council Member Quick had no report. Mayor McCarty had no report Lyle Nelson, 2357 Sherwood Road, asked the City to review its nuisance parking Code. He had • received a letter from the City stating his car was parked illegally because it wasn't being parked on a hard surface. Mr. Nelson stated he felt if he had an automobile that was legally licensed and was carrying insurance he should be able to park it any were on his property. Administrator Whiting told Mr. Nelson that the letters were sent out to get rid of nuisance vehicles," Junkers", that were illegally parked in backyards, driveways etc. He thanked Mr. Nelson for his opinion and stated those opinions would be taken into consideration when letters are sent out again. Administrator Whiting told the Council that the City is in compliance with all of the applicable state regulations regarding the grant, the building, and the prevailing wage issue for the Community Center Project. Administrator Whiting told the Council that the Council, minus Council Member Gunn, would be in Duluth the week of June 15, for the League of Minnesota Cities Annual Conference. City Attorney Long stated the timing of the filing for City offices needs to be reverified. He stated he would check to see if the State Legislature requires filing dates to be uniform and override charters as is the case with election dates. 9. Next Council Work Session: July 6,1998 - 6:00 p.m. Next Council Meeting: June 22L1998 - 7:OO~.m. 10. AD OURNMENT • June 8 $1998 Mounds View City Council MOTION/SECOND: Koopmeiners/Stigney to adjourn the meeting at 8:05 p.m. VOTE: Ayes - 5 Nays - 0 Motion Carried Respectfully submitted, ~~ ~ F-~1 Dave Hix Recording Secretary •