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HomeMy WebLinkAboutMinutes - 1998/07/130 --.. r PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VEIW RAMSEY COUNTY, MINNESOTA Regular Meeting July 13, 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 Acting Mayor Koopmeiners at 7:00 p.m., on July 13, 1998. 2. ROLL CALL MEMBERS PRESENT: Acting Mayor Koopmeiners, Council Members Gunn, Quick, and Stigney. MEMBERS ABSENT: Mayor McCarty (excused) • ALSO PRESENT: Chuck Whiting, Clerk Administrator; Cari Schmidt, Assistant to the City Administrator; Rick Jopke, Community Development Director; Jim Ericson, Planning Associate; Mike Alrich, City Engineer; Bob Long, City Attorney; Dave Hix, Recording Secretary. 3. APPROVAL OF MINUTES A. June 22, 1998, City Council Meeting Minutes Koopmeiners asked for additions and/or deletions to the June 22, 1998, City Council Meeting Minutes. MOTION/SECOND: Stigney/Gunn to approve the June 22, 1998 ,City Council Meeting Minutes as submitted. VOTE: Ayes - 4 Nays - 0 Motion carried. 4. SPECIAL ORDER OF BUSINESS A. Resolution of Appreciation for Apartment Managers and Neighborhood Watch Groups. Koopmeiners read the Resolution of Appreciation for Apartment Managers into the record. The following citizen's names were read and they came forward to receive their certificates of Page 2 July 13, 1998 Mounds View City Council achievement: 1. Jim and Marge Haralson 2. Carol Mueller 3. Terresa and Tim Woodwick 4. Vicki Wilson 5. Jeff Johnson 6. Marshal Mills 7. Eileen Evans 8. Mary Davis 9. Silver Lake Woods Crime Watch Members 10. Colonial Village Crime Watch Members 11. Towns Edge Terrace Crime Watch Members 12. Mounds View Mobile Home Park Crime Watch Members 13. Sherwood Road Crime Watch Members 14. Lois Drive Crime Watch Members L • Koopmeiners thanked the individuals and groups on behalf of the City Council and the City for their efforts in making Mounds View a safer place to live. S. CONSENT AGENDA A. Approve the Just and Correct Claims. B. Approval of Park and Recreation Commission Meeting Minutes-May 28, 1998 C. Set a Public Hearing for 7:15 P.M. on Monday, July 27, 1998 to consider Ordinance No. 621, Granting a Franchise to MediaOne to construct, operate and maintain a cable communication system in the City of Mounds View, and setting forth the conditions accompanying the granting of such franchise. D. Approve Resolution No. 5250, Authorizing Execution of Grant Agreement by the U.S. Department of Transportation under the Hazardous Materials Emergency Preparedness(HMEP) Program. E. Set a Public Hearing for 7:05 P.M. on Monday, July 27, 1998 to consider Ordinance No. 620, an Ordinance amending various chapters of the Mounds View Municipal Code relating to driveways, parking areas, and accessory buildings. F. Approval of Contractor Licenses. (Staff Report Attached.) MOTION/SECOND: Quick/Gunn to approve the Consent Agenda as published. VOTE: Ayes - 4 Nays - 0 Motion carried. Stigney requested the re-reading of Consent Items C and D for the benefit of the audience. Page 3 July 13, 1998 Mounds View City Council Koopmeiners re-read the requested Consent Agenda Items. 6. RESIDENTS' REQUESTS AND COMMENTS FROM THE FLOOR No resident requests or comments were considered from the floor. David Janke, 8428 Eastwood Road, wished Mayor McGarry a speedy recovery. He also asked if the City's golf course lost money during the year 1997 and if the facility would make money for the year 1998. Whiting offered to furnish Janke with the figures for the golf course's 1997 season. He told Janke that to date, the facility was doing very good for the 1998 season. Mr. Janke asked if the total spending to date for the construction of the Community Center had in any way exceeded the Charter Commission allowance of "10 percent or 20 percent". Whiting told Janke the total budget to date was $6.2 million. This amount included property purchase, cost of the election, Phase 1 Children's Home Society and now Phase 2 Community Center; the Community Center being the last Phase at $4.1 million. 7. COUNCIL BUSINESS A. Consideration of Resolution No. 5251, Concerning Sufficiency of Corrected Petition for Initiative Regarding the Project Commonly Known as the Theater Project. Whiting gave his report as follows: The first petition that was submitted contained 733 signatures. There are 859 signatures required based on Charter requirements. The matter had been voted on by the City Council and a finding was made that the petition as submitted was not sufficient. The Charter allows the citizens to address the imperfections contained in the petition. Another 155 signatures came in and were verified by the City's election judges. The revised petition count was stated as being 882. The reason for the Resolution was that the petition was not worded properly and thus the Council deemed the petition insufficient under the advise of the City's Attorney. Resolution 5251 acknowledged the increase in the number of signatures on the petition but it also acknowledged that the language of the petition had not changed, thus the recommendation that the petition be considered insufficient. City Attorney Long gave his report as follows: Page 4 July 13, 1998 Mounds View City Council In the case law Oakman v Evileth, 1925, and Hanson v City of Granite Falls, 1995, in both of these cases it is stated the powers of initiative and referendum apply to legislative acts which set down some uniform rule of law and not administrative of administerial acts, which Resolution 5251 falls under. The State Statutes in Minnesota, Section 410.20, provides cities with the authority to create city charters and also provides for the powers of initiative referendum recall. The language in that statute that authorizes charter cities to create charters and to create those powers only applies to ordinances. The City Attorney's opinion was restated as being: A resolution initiative would not be valid if put before the voters. This would subject the City to the accusation that they were misappropriating public funds. Quick added that the theater developers could in turn sue the City for breach of contract. Stigney pointed out that Mounds Views City Charter states that the law applies to both ordinances and resolutions. He added he didn't think the citizens of the City should have to force their own City to do something. Julie Olson, 2663 Lake Court Circle, requested that the City Council call for a special election for a referendum on the issue of allowing theater access on to the City's residential streets. Gunn stated that she had had citizens state to her that their names were on the petitions because of misrepresentation of facts. She asked if the names could be taken off of the petition once they have been submitted. Whiting stated the people should contact the City Clerk in this regard and their names would be removed from the petition. Attorney Long stated that the time to withdraw names from the petition had expired according to Section 5.02 of the City's Charter. David Janke suggested that the City's Charter be changed, remove the word resolution, to reflect the correct language. MOTION/SECOND: Quick/Gunn to approve Resolution 5251, Concerning Sufficiency of Corrected Petition for Initiative Regarding the Project Commonly Know as the Theater Project. Stigney requested that the City comply with the requests of the citizens to hold a special election • to determine whether or not the Theater Project's traffic would be allowed on residential streets. Page 5 July 13, 1998 Mounds View City Council Dan Johnson, 7359 Park View Terrace, asked the City Attorney if it was not his (the City Attorney's} responsibility to advise the citizens, when requested, on matters concerning the City. He also suggested that the City and the citizens enter into a discussion with a referee or mediator to help resolve the issue. Long told Johnson that he is the legal council to the City Council and has no authority to advise the general population on items that concern the City. "It would not be appropriate for the City Attorney to draft petitions for residents that would be adverse to the City," he added. Long stated the petition would not be a good situation to get a mediator involved in because it would require interpretation of case law. If the City interpreted the laws incorrectly, without the blessing of a court, large monetary damages could result, he added. Mary Amarimotti, 8370 Eastwood, asked if there wasn't ..... "discretion within the City or administration policy as far as what additional wording or how the wording could be changed so • that it would meet adequacy in terms of how you want to characterize it and get it put on a ballot?" Long stated the problem is that the petition is stated in the form of a resolution. This fact has not changed since a finding was made that the petition was insufficient because it was stated in the form of a resolution, he stated. Long said any action taken at the evenings meeting would not prevent the citizens from taking another action in a different form. Stigney suggested tabling the action in order to give the City attorney and the citizens the time they need to form sound legal grounds for their actions. June Sitkova, 5260 Irondale Road, stated she remembered the developer saying he would be happy with just aright-in right-out access to the theater site off of Highway 10. "If this is the case, why is there even talk about legal action? The citizens are just trying to preserve their neighborhood not deny the theater project," she added. MOTION/SECOND: Stigney/ ------- to table action on Resolution 5251 for a period of 60 days to give legal council for both sides time to review the options. Motion failed due to lack of second. Stigney requested that the original motioner or seconder withdraw their motion. No withdrawal was considered. Page 6 July I3, 1998 Mounds View City Council Stigney asked for two council members to vote no on the project so that there would be a tie and the Resolution would be continued. Craig Messmering, 5091 Edgewood Drive, stated the City is protecting the residents of north Mounds View in its efforts to stop airport expansion but not protecting the rights of south Mounds View residents when it comes to having high volumes of theater traffic on the residential streets. He expressed his concern with the fact that the City's Police department would be able to handle the traffic enforcement that would be needed with the addition of the theater project. Stigney asked the other Council Members to: "Not let the developers rights take precedence over the rights of the citizens of Mounds View." VOTE: Ayes - 3 Nays - 1(Stigney) Motion carried. Barbara Gregerson, 7366 Park View Terrace, stated her concern that the City and the citizens • have become polarized on this issue. RECESS(a sort recess was taken) BACK ON THE RECORD B. Public Hearing and Consideration of Licenses for Holiday Station Store Located at 2732 Highway 10. 1. Consider Motion Adopting Cari Schmidt gave the staff report as follows: Charles Durand, owner/operator of the new Holiday Station/Store, located at 2732 Highway 10, had submitted complete applications for the following licenses: 1. cigarette 2. gasoline 3. 3.2 percent Malt Liquor Staff recommended approval of the licenses pursuant to Chapters 503, 509, and 512 of the • Municipal Code. Koopmeiners closed the Council Meeting and opened the floor to the public. Page 7 July 13, 1998 Mounds View City Council No comments were considered from the public. The public hearing was closed and the floor was returned to the Council. MOTION/SECOND: Quick/Gunn to approve the motion to grant licenses for the Holiday Station Store Located at 2732 Highway 10. ROLL CALL VOTE: Quick Aye Stigney Aye Gunn Aye Acting Mayor Koopmeiners Aye The motion carried. C. Public Hearing to Consider Off Sale Intoxicating Liquor License for ABC Liquor, 2840 Highway 10, Approval of Resolution No. 5244. 1. Consider Motion Adopting Cari Schmidt gave the staff report as follows: The applicants had submitted complete application materials and proof of financial responsibility to the City. A Police Department investigation revealed nothing that would prevent the City Council from approving the application. The applicants had also submitted a complete application for the sale of cigarettes at the liquor store. Staff recommended approving the license for off sale intoxicating liquor and cigarettes for ABC Liquor, 2840 Highway 10. Staff also recommended approving Resolution 5254, A resolution Denying renewal of the Intoxicating Liquor License to Murzyn's's Liquor. Koopmeiners closed the Council Meeting and opened the public hearing. Alan Jontz, attorney for Murzyn's liquor, asked the Council to consider restating the Murzyn Liquor license on the grounds that the store is being sold to ABC Liquor, closing on July 14, 1998. If the closing were not to proceed as scheduled, the Dong family would endure undue hardship. As a provision of continued licensing, Murzyn's's would be willing to hire an employee from outside of the family to help run the liquor store. Lon su ested that the best the Cit could do would be to condition the ABC Li uor license g gg Y q Page 8 July 13, 1998 Mounds View City Council request upon proof of sale, ownership and title of Murzyns to ABC Liquor. Arthur Jordan, 2085 Oakwood Drive, spoke in favor of extending Murzyn's license to sell intoxicating liquor. Koopmeiners closed the public hearing and returned the floor to the Council. MOTION/SECOND Quick/Stigney to approve Resolution 5254, a resolution denying renewal of a license to sell intoxicating liquor at, 2840 Highway 10, and the approval of a license to sell intoxicating liquor to ABC Liquor, 2840 Highway 10, contingent upon proof of sale, receipt of title and ownership of Murzyn's Liquor. ROLL CALL VOTE: Stigney Aye Gunn Aye • Quick Aye Acting Mayor Koopmeiners Aye Motion carried D. Introduction and First Reading of Ordinance No. 620, and Ordinance Amending Various Chapters of the Mounds view Municipal Code relating to Driveways, Parking Areas, and Accessory Buildings. Associate Ericson gave his report as follows: The Ordinance would put into place proportional guidelines in relation to the size of the garage to the size of the house and also to the size of the lot. In addition, it also requires that driveways from this point forward, new construction or remodeled, be constructed of a permanent surface, defined as: concrete, brick or asphalt. Gravel parking areas, not to exceed 300 square feet would need to meet setback requirements. Total garage square footage allowable on one lot would be increased up to 1400 square feet. This would allow for a shed even if the size of the garage exceeds 1000 square feet. Proof of parking for businesses, commercial and industrial would be allowed if the applicant can show that a percentage of their parking stalls are set aside as green space. No conditional use permit would be required under this section of the ordinance. Page 9 July 13, 1998 Mounds View City Council A public hearing has been set for July 27, 1998, 7:05 p.m., at the City Hall Council Chambers. MOTION/SECOND: Quick/Gunn moved the introduction of Ordinance 620, an Ordinance Amending, Various Chapters of the Mounds View Municipal Code relating to Driveways, Parking Areas, and Accessory Buildings. The First Reading was waived. VOTE: Ayes - 4 Nays - 0 Motion carried E. Consideration of resolution No. 5247, A Resolution Approving a Minor Subdivision of the Property Located at 3025 County road H for Duane and Nancy Peterson. Duane and Nancy Peterson were requesting approval of a minor subdivision to create two lots from their property located at 3025 County Road H. The property currently has 100 feet of frontage on Pleasant View Drive and 225 feet along County Road H. There is a home on the eastern portion of the lot. The applicant was proposing • to split off the west 125 feet of the lot, to create a 12, 500 square foot corner lot. The remaining lot would be 10,000 square feet or 1,000 square feet short of the City's required 11,000 square feet for a minimum lot size. To remedy this situation the owner has a purchase agreement with the adjacent property owner to buy a 10' x 100' piece of land bringing the proposed lot to the required 11,000 square feet. The Planning Commission had reviewed the application and was recommending that the City Council approve the minor subdivision. The applicants were in attendance. Ralph Gale, attorney for the applicant, told the Council that the applicant has paid the outstanding water bill. He added that both properties would be offered for sale once the subdivision is accomplished. MOTION/SECOND: Guiul/Stigney to approve Resolution 5247, a Resolution Approving a Minor Subdivision of the property Located at 3025 County Road H for Duane and Nancy Peterson. VOTE: Ayes -4 Nays - 0 Motion carried. F. First Reading and Consideration of Ordinance No. 621, Granting a Franchise to • MediaOne to construct, operate and maintain a cable communications system in the City of mounds view, and setting forth the conditions accompanying the granting of Page 10 July 13, 1998 Mounds View City Council such franchise. MOTION/SECOND: Quick/Gunn to approve introduction of Ordinance No. 621, Granting a Franchise to MediaOne to construct, operate and maintain a cable communications system in the City of Mounds view, and setting forth the conditions accompanying the granting of such franchise. Stigney asked for clarification as to the property designations as submitted on the proposal. Whiting stated the requested information would be gathered and given to the Council as soon as it was made available by staff. VOTE: Ayes - 4 Nays - 0 Motion carried. G. Resolution No. 5252, Authorizing Requests for Proposals for Management of the • Mounds View Community Center. Whiting gave his report as follows: It was recommended that a committee made up of members of the City Council, Clerk Administrator, and members of the Park and Recreation Commission be formed to evaluate and negotiate with potential Community Center management firms or individuals. A report would be filed with the City Council no later than October 5, 1998 to assist them in making their choice of management companies or individuals. Gunn volunteered as a Council Liaison to the committee. Stigney requested that the Council review the RFPs before they are published for public viewing. MOTION/SECOND: Gunn/Stigney to approve Resolution 5252, a Resolution Authorizing Requests for Proposals for management of the Mounds view Community Center. VOTE: Ayes - 4 Nays - 0 Motion Carried. H. Consideration of Appointment to Planning Commission Whiting told the Council he was recommending that the issue be tabled to give staff an • opportunity to locate a list of names for potential Planning Commission candidates that had been submitted to staff and subsequently misplaced. When found, these names would be added to the Page 11 July 13, 1998 Mounds View City Council current list of candidates and a selection would be made. Stigney asked the City attorney to verify the fact that the Acting Mayor could or could not make the selections as is the responsibility of the Mayor. Long read from Chapter 401.2 of the Charter: "The Planning and Zoning Commission shall consist of not less than seven and more than nine members of the resident population of Mound View other than person elected to a public body to be appointed by the Mayor with the approval of the City Council." Under 2.06 sub.3 of the Charter: "The Acting Mayor shall perform the duties of Mayor during the disability of absence of the Mayor." It was the City Attorney's opinion that in all cases requiring an appointment by the Mayor or of moving of resolutions by the Mayor, the Acting Mayor would do that. I. Discussion of Anoka County-Blaine Airport Plan Status at the Metropolitan Council. Long gave his report as follows: Jay Lindgren, General Council for the Metropolitan Council, had been contacted in regards to if an agreement could be reached on the "Declaratory Judgment Approach", whereby Met Council would go to Court with Mounds View in a friendly manner to try and determine whether or not Met Council could proceed with certain aspects of this Anoka County-Blaine Airport Plan. Lindgren was away on vacation and could not be reached for comment. It is hoped that the Met Council will agree to go to court or delay the process because Mounds View and Met Council's General Council had not had an opportunity to talk. A Resolution is being prepared that will allow Mounds View to file a formal objection to the Met Council on the plans that they are about to adopt. The resolution will be ready for the City Council at its July 27, 1998 meeting. Cam Obert, 8315 Greenwood Drive, spoke in opposition to any plan that the Airport might have in regards to expanding and creating more noise and inconvenience for the residents of Mounds View. Formal complaints have been made with the Blaine Police in regards to the noise and actions of the planes that are flying over the Mounds View area, he added. J. Consideration of Resolution No. 5255, a Resolution to work with the City of Spring Lake Park to Add Lions Name to Lakeside Park. MOTION/SECOND: uick/Gunn to a rove Resolution 5255 a Resolution to Work with the Q pP Page 12 July 13, 1998 Mounds View City Council City of Spring Lake Park to Add Lions Name to Lakeside Park. VOTE: Ayes - 4 Nays - 0 Motion carried K. Consider Approving Bids for Project 98-02 Sealcoating Alrich gave his report as follows: Per City Code bids were advertised for a period often days. Two bids had been received: Aztec Corporation at $91,883 and Allied Blacktop Company for $74, 500. Staff is recommending awarding the 1998 Sealcoat contract to Allied Blacktop at $74,500 also to include authorization for the Director of Public Works to sign all change orders up to 20 percent of the project. MOTION/SECOND: Gunn/Stigney to approve staff s recommendation to award the 1998 sealcoat project to Allied Blacktop for the low bid amount of $74, 500 to include authorization for the Director of Public Works to sign all change orders up to 20 percent of the project. • VOTE: Ayes - 4 Nays - 0 Motion carried. L. Consider Awarding of Contract for the Purchase of a New One-ton Truck Alrich gave his report as follows: Per City Code bids were advertised for a period often days; although, none of the invited bidders turned their bids in on time. There were three bids that were received after the advertised bid date: Boyer Ford at $39,659, Lake Land Ford $37, 100, and Superior Ford at $36, 292. Staff was recommending awarding the contract to Superior Ford at $36, 292. The purchase was budgeted out of the entire street department account; including data management, snow and ice removal, and sign department. MOTION/SECOND: Quick/Gunn to approve staff s recommendation to award the contract for the purchase of a new truck and dump box from Superior ford for the amount of $36, 292, VOTE: Ayes - 4 Nays - 0 Motion carried. 8. REPORTS Quick stated the Council is looking into the possibilities of increasing the size of the police force by adding an additional three patrol officers. The City has had numerous complaints from the • residents on traffic throughout the City. The new officers would be dedicated to traffic control so that the whole City would benefit. Page 13 July 13, 1998 Mounds View City Council Council Member Stigney had no report. Council Member Gunn had no report. Whiting told the Council that the Public Works Department is still in the process of tree clean-up from recent storms. The damage that occurred from these storms has kept the City crews busy everyday since the storms went through the City. Long had no report. Alrich told the Council that the City is currently in its yearly odd-even-watering ban. He asked the members of the community to honor the ban during times of high electricity use. The City is experiencing some problems with its reserve generator and any undue use of the wells could overload generators that are already under a stain due to the hot weather. Alrich stated the City will be releasing bids for the repairs on the City Hall HVAC. • Koopmeiners had no report. 9. ADJOURNMENT MOTION/SECOND: Gunn/Stigney to adjourn the meeting. VOTE: Ayes - 4 Nays - 0 Motion carried. The meeting was adjourned at 9:45 p.m. (The meeting immediately adjourned to the EDA meeting) Respectfully submitted, Dave Hix Recorder • MOUNDS VIEW CITY COUNCIL MEETING ~ /~~ i Please sign ` ` ""' ADDRESS / ~ vl/~(,~~C YJ ' ~/~-~/ ~~ ~~z ~P~,,,tS P I ~ ~G~- ~ ~~ \ A 025 ~~~~~~ ~ ~ ~ ~~ ~~ ~. 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