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HomeMy WebLinkAboutMinutes - 1999/10/25 i PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW y ~ RAMSEY COUNTY, MINNESOTA Regular Meeting October 25,1999 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:02 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Quick, Stigney, and Thomason. NOT PRESENT: Marty. 3. APPROVAL OF AGENDA A. Monday, October 26, 1999, City Council Agenda Mayor Coughlin asked the Council if anyone would like to add items to the agenda. Mayor Coughlin stated Assistant to the City Administrator Reid has requested the addition of Consent Agenda Item F, Granting Kennel License Renewal. MOTION/SECOND: Quick/Thomason. To Accept the September 27, 1999, City Council Agenda as Presented, with the Addition of Consent Agenda Item F, Granting Kennel License Renewal. Ayes - 4 Nays - 0 Motion carried. 4. APPROVAL OF MINUTES A. Monday, October 11, 1999, City Council Minutes Mayor Coughlin requested a correction to Page 3, fourth paragraph, first sentence to indicate "as well as three of the Parks..." Mayor Coughlin requested Page 3, seventh paragraph, first sentence be corrected to indicate the name "Pastor Morris Vaagnes." Mayor Coughlin requested a correction to Page 7, eighth paragraph, first sentence and all references following, to indicate the correct spelling of the name "Julie Olsen." Mayor Coughlin requested a correction to Page 11, tenth paragraph, first sentence, and all • references following, to indicate the correct spelling of the name "William Werner, Sr." ~' Mounds View City Council Regular Meeting • • August 23,1999 Page 2 Mayor Coughlin requested Page 12, fourth paragraph, second sentence, the word "intra- structure," and all references following, be corrected to indicate the word "infrastructure." Mayor Coughlin requested a correction to Page 15, first paragraph, first sentence, and all references following, to change the name "Carol Prime" to "Carol Fem." Mayor Coughlin requested a correction to Page 17, fourth paragraph, first sentence, and all references following, to indicate the correct spelling of the name "NaLa Werner." Mayor Coughlin requested a correction to Page 18, twelfth paragraph, second sentence, to indicate the correct spelling of the word "debacles." Mayor Coughlin requested a correction to Page 20, sixth paragraph, first sentence to indicate "...he lives on a np 'vate street, and will have to..." Mayor Coughlin requested a correction to Page 29, first full paragraph, fourth sentence to indicate "was not a case of the Council failing to inform." Council Member Stigney requested a correction to Page 6, fourth paragraph to indicate "...Elegant Times Catering, Youth Chairs, for the amount of $11,042, and inquired..." Council Member Stigney requested a correction to Page 20, fourth paragraph, fourth sentence to indicate "...not only are t~ attempting to preserve..." Council Member Stigney requested the omission of the words "is money" from Page 20, fifth paragraph, fourth sentence, and to indicate "He pointed out the City is spending money..." Council Member Stigney requested a correction to Page 23, fourth paragraph, second sentence to indicate "...the opportunity to reconsider the issues." Council Member Stigney requested a correction to Page 29, sixth paragraph, fifth sentence to indicate "...no residents he has spoken to were aware of the rp oposed increase." MOTION/SECOND: Stigney/Quick. To accept the October 11, 1999 City Council minutes as corrected. Ayes - 4 Nays - 0 Motion carried. 5. SPECIAL ORDER OF BUSINESS A. Presentation of Resolution of Commendation to Retired Firefighter Dan Yackel. Mayor Coughlin stated firefighter Dan Yackel retired from the Fire Department on August 3, 1999. During his years of service, Captain Yackel has responded to more than 3,000 fire calls, and attended over 680 weekly drills. He has received Awards of Merit for responding to the most fire calls at Fire Station 1, in 1984, 1985 and 1986, and has also received the Distinguished Service Award for Station 1 in 1986. PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW ' RAMSEY COUNTY, MINNESOTA Regular Meeting ,, ,~ ~ October 25,1999 Mounds View City Hall _ 2401 Highway 10, Mounds View, MN 55112 7:02 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Quick, Stigney, and Thomason. NOT PRESENT: Marty. 3. APPROVAL OF AGENDA A. Monday, October 26, 1999, City Council Agenda Mayor Coughlin asked the Council if anyone would like to add items to the agenda. Mayor Coughlin stated Assistant to the City Administrator Reed has requested the addition of Consent Agenda Item F, Granting Kennel License Renewal. MOTION/SECOND: Quick/Thomason. To Accept the September 27, 1999, City Council Agenda as Presented, with the Addition of Consent Agenda Item F, Granting Kennel License Renewal. Ayes - 4 Nays - 0 Motion carried. 4. APPROVAL OF MINUTES A. Monday, October 11, 1999, City Council Minutes Mayor Coughlin requested a correction to Page 3, fourth paragraph, first sentence to indicate "as well as three of the Parks..." Mayor Coughlin requested Page 3, seventh paragraph, first sentence be corrected to indicate the name "Pastor Morris Vaagnes." Mayor Coughlin requested a correction to Page 7, eighth paragraph, first sentence and all references following, to indicate the correct spelling of the name "Julie Olsen." Mayor Coughlin requested a correction to Page 11, tenth paragraph, first sentence, and all references following, to indicate the correct spelling of the name "William Werner, Sr." Mounds View City Council October 25,1999 Regular Meeting Page 2 Mayor Coughlin requested Page 12, fourth paragraph, second sentence, the word "intra- structure," and all references following, be corrected to indicate the word "infrastructure." Mayor Coughlin requested a correction to Page 15, first paragraph, first sentence, and all references following, to change the name "Carol Prime" to "Carol Frey." Mayor Coughlin requested a correction to Page 17, fourth paragraph, first sentence, and all references following, to indicate the correct spelling of the name "Naja Werner." Mayor Coughlin requested a correction to Page 18, twelfth paragraph, second sentence, to indicate the correct spelling of the word "debacles." Mayor Coughlin requested a correction to Page 20, sixth paragraph, first sentence to indicate "...he lives on a rivate street, and will have to..." Mayor Coughlin requested a correction to Page 29, first full paragraph, fourth sentence to indicate "was not a case of the Council failing to inform." Council Member Stigney requested a correction to Page 6, fourth paragraph to indicate "...Elegant Times Catering, Youth Chairs, for the amount of $11,042, and inquired..." Council Member Stigney requested a correction to Page 20, fourth paragraph, fourth sentence to indicate "...not only are t~ attempting to preserve..." «• Council Member Stigney requested the omission of the words is money from Page 20, fifth paragraph, fourth sentence, and to indicate "He pointed out the City is spending money..." Council Member Stigney requested a correction to Page 23, fourth paragraph, second sentence to indicate "...the opportunity to reconsider the issues." Council Member Stigney requested a correction to Page 29, sixth paragraph, fifth sentence to indicate "...no residents he has spoken to were aware of the rp oposed increase." MOTION/SECOND: Stigney/Quick. To accept the October 11, 1999 City Council minutes as corrected. Ayes - 4 Nays - 0 Motion carried. 5. SPECIAL ORDER OF BUSINESS A. Presentation of Resolution of Commendation to Retired Firefighter Dan Yackel. Mayor Coughlin stated firefighter Dan Yackel retired from the Fire Department on August 3, 1999. During his years of service, Captain Yackel has responded to more than 3,000 fire calls, and attended over 680 weekly drills. He has received Awards of Merit for responding to the most fire calls at Fire Station 1, in 1984, 1985 and 1986, and has also received the Distinguished Service Award for Station 1 m 1986. Mounds View City Council October 25,1999 Regular Meeting Page 3 • Mayor Coughlin presented Captain Yackel with a Resolution of Commendation, passed by Resolution No. 5371, a resolution extending appreciation for his many years of service to the City of Mounds View. Captain Yackel expressed his appreciation to his wife for her patience and support. 6. REPORTS Council Member Thomason reported that the Economic Development Commission meeting of the previous month had been cancelled, however, their next regular meeting would be held on Thursday. Council Member Stigney reported he attended the Planning Commission meeting of October 20, 1999, at which meeting the Development Review for MSP Real Estate assisted living facility was considered, and discussion took place regarding proposed Ordinance 642, an ordinance amending the Zoning Code relating to driveway widths and curb cuts. Council Member Stigney noted the Commission was provided an update of the billboard issue, which included the written opinion of the City Attorney, and there was discussion of previous Council actions and the Comprehensive Plan. Council Member Stigney reported he attended the Charter Commission meeting on October 14, 1999, at which meeting there was approval of the response to the request of the Council to review changes to the Charter. He stated the Charter Commission formulated and drafted an official response to this request, and this matter was scheduled for consideration on the current Council agenda. Council Member Stigney stated, in light of the franchise fees imposed upon the residents at the previous Council meeting, he has submitted to the Charter Commission an amendment to Section 1006, Franchise Fees, of the City Charter, which indicates "Any fees to be imposed upon utility users must follow the notification and public hearing process specified in Section 1003 of this Charter. This includes any new, changed or continuation of existing Franchise Fees or other user fees." He explained that this amendment would force the Council to advertise for a public hearing in these situations. Mayor Coughlin reported he had testified at the Metropolitan Council public hearing regarding the airport noise footprint. He stated that the Focus News has printed portions of his testimony, which was in opposition to the lowering of standards of airport noise, and essentially allowing one half more noise in that footprint as is present there. Mayor Coughlin reported he attended the first meeting of the Pinewood Elementary School Facilities Committee. He stated there was discussion of the ongoing needs of the facility and how to best allocate their portion of the newly passed bond referendum, as well as the expansion and improvement of the facilities, to better meet the needs of the students. Mayor Coughlin reported he had attended a luncheon sponsored by the Chamber of Commerce, at which Mayor Norm Coleman was the featured speaker. He stated he enjoyed the opportunity to speak with Mayor Coleman, who was seated at the head table with him. He commented that Mounds View City Council October 25,1999 Regular Meeting Page 4 Mayor Coleman is a dynamic speaker, and a very passionate individual. He added this meeting • was also recently reported in the Focus News. Mayor Coughlin reported he attended a meeting with Senator Novak the previous Friday. He stated there was further discussion of the City's position on the airport issue, and they had attempted to reach some agreement with the Metropolitan Council, either in conjunction with, or instead of the legislation presently planned for consideration at the upcoming Legislative Session. Mayor Coughlin reported he and a variety of staff attended an electronic filing demonstration presented by AMI that date. He stated this vendor provided an idea of potential upgrades in technology that would allow for easier access to files in the future, and for a good portion of the City's documentation and paperwork to be directly accessible to the residents on the Internet. Mayor Coughlin stated a packet of information on this subject was available in the Council office for review. City Administrator Whiting reported he attended Metropolitan Mayors Board Meeting the previous week, and was updated regarding the legislative issues that will be taking place in the Fall, in preparation for the Legislative Session. He stated he also attended the Metropolitan Airport Commission meeting in Fridley, at which there was further discussion regarding airport noise sound footprints. He noted a comment was made that State Representative Barbara Haake has been seen at virtually every legislative meeting being held, and she is hard at work. City Administrator Whiting reported the League of Minnesota Cities and the AMM have finalized their policy committees for legislative positions, and will hold their meetings for Council and staff to attend, to approve those policies for the upcoming Legislative Session. He advised that the AMM meeting is scheduled for the evening of November 17 and the League of Minnesota Cities meeting would be held all day on November 19. City Administrator Whiting stated the Year 2000 Budget information will be reported in the Mounds View Matters in the near future. He advised the annual informational meeting will be held on November 22, at 6:00 p.m., in the Council Chambers, prior to the regular Council Meeting, and anyone interested in these issues is encouraged to attend. He added that interested parties may call or E-mail the City for further information. City Attorney Long had no report. Director of Public Works Ulrich reported the residents of Mounds View have received the first Consumer Confidence Report this week. He explained that this report is in regard to the Safe Water Act, and is provided annually, by mandate of the Federal Government. He indicated the report covers all tests performed on the water system within the previous year, and provides information regarding where the water is obtained, and how it is treated. He pointed out the various tests are performed not only by in-house staff, but also by the Minnesota Department of Health. Director of Public Works Ulrich commended Administrative Assistant Tracy Juell, and Water Operators, Bill Haney and Bill Hanson, the authors of the document, for their hard work. He stated the City has a very good document, and they will not attempt to go beyond this next year. Mounds View City Council October 25, 1999 Regular Meeting Page 5 He explained their goal was to create a document that was appealing to the eye, very readable by all ages of residents, and to provide information regarding the quality of the water within the City. He added that several videotapes of this subject matter would be available at the schools and library for further review. Director of Public Works Ulrich advised that staff and the Department of Health, after conducting several tests of the individual vessels at the water treatment facility and various sampling points, have determined that the arsenic level previously reported was traced to a spicket they obtained a sample from. He explained that the reclaim tank was cleaned, as it is on an annual basis, and after the spicket was replaced with a stainless steel fixture, the arsenic level was reduced to less than one part per billion, which is virtually non-detectable. He advised that even if the Federal Government was to lower the regulations on arsenic, which are currently at 50 parts per billion, the City will still be in compliance, as of their current testing. Council Member Stigney inquired if the water quality report was required to be mailed individually to all residents' homes, or if it could have been included or inserted into a newsletter. Director of Public Works Ulrich stated the report could have been included in a newsletter, and various communities have chosen different methods by which to distribute this information. He pointed out, however, staff has spent a considerable amount of time and effort producing this document, and wanted to insure it was not simply missed in the newspaper. • Council Member Stigney inquired regarding the cost of the mailing. Director of Public Works Ulrcch stated he was uncertain. Mayor Coughlin stated he had received several comments and telephone calls from residents expressing that this report was very professionally done, and was appealing and eye-catching. He pointed out, especially in light of the arsenic incident reported in the Star Tribune, it was a good idea to distribute a separate document, which would draw attention to the fact that the City's water quality is great. Director of Public Works Ulrich stated staff has received some complaints and concerns regarding the newly painted stripes on Edgewood Drive, in terms of the double yellow line at the entrance to the City Hall parking lot. He explained there was some confusion in regard to making cleft-hand turn into the parking lot, when travelling south off of Highway 10. He stated he has asked the Project Engineer if it would be possible to redesign the pattern to indicate a double left-hand turn, and utilize one lane for cleft-hand turn to the east and west. He was informed, however, the striper is booked until the end of the year, and this would not be possible at this time. He inquired if the Council had heard any similar concerns. Mayor Coughlin noted an individual who had come to visit him at City Hall had encountered some confusion when attempting to enter the City Hall parking lot. Director of Public Works Ulrich advised, although a vehicle may not pass another vehicle on a • double yellow line, it is permissible to cross the double yellow line for turning purposes. No further reports were considered. Mounds View City Council Regular Meeting October 25, 1999 Page 6 7. CONSENT AGENDA A. Approve Just and Correct Claims. B. Set Date for Informational Meeting on the Year 2000 Budget for Monday, November 22, 1999 at 6.00 p.m. C. Set Date for Council/Staff Quarterly Meeting for Thursday, November 4, 1999, at 5:00 p.m. D. Contractor Licenses for Approval. E. Consideration and First Reading of Ordinance No. 636 Amending Title 900, Municipal Water System, of the Mounds View Municipal Code by Amending Section 906.01, Subd. 2(B) Testing Required; Water Quality. F. Granting Kennel License Renewal. Mayor Coughlin asked the Council if anyone would like to remove Items for discussion. MOTION/SECOND: Quick/Thomason. To Approve the Consent Agenda for Items A, B, C, D, E, and F as presented. Ayes - 4 Nays - 0 Motion carried. 8. UNFINISHED BUSINESS . None. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR David Jahnke, 8428 Eastwood Road, stated he viewed the Work Session discussions regularly on television, to assist him in determining what issues to bring forward at the Council Meetings, however, the Work Session meeting that date had not been broadcast. He stated it was his understanding these meetings would be broadcast for the residents' information, and inquired why this Work Session was not made available. Mayor Coughlin stated it was the general consensus of the Council at two or three prior meetings, that these specific meetings would not be broadcast, due to the nature of the discussion, which was to be "off the top of their heads," and because of the Cable broadcasting schedule. He advised this would not be an ongoing occurrence, and none of the issues were to be hidden, however, a number of issues required consideration, and the Council desired to address these in somewhat of a brainstorming or visioning process. He pointed out that the discussion had simply touched upon the "big picture" and budget considerations. Mr. Jahnke stated in light of the discussion regarding open communication, even if the discussion was only "off the top of their heads", it would be good to broadcast the meetings. He stated he hoped these meetings would be broadcast in the future, as he was of the understanding they would all be broadcast. Mr. Jahnke commented that many promises have been made which have not taken place. He stated the franchise fee was to be set aside for the road projects, and this was to be accomplished Mounds View City Council October 25, 1999 Regular Meeting Page 7 by a resolution, following the franchise fee increase at the previous Council meeting. He stated he was unable to remain at the meeting for consideration of this resolution, and inquired if this had been done. Mayor Coughlin explained that the resolution, which passed on a 4-1 vote, was to designate all of the increase in the franchise fee, and possibly more, as indicated by Council Member Marty, to the roads. He pointed out that the increase of 1.5 percent is designated fully for this purpose, and this is indicated specifically in the resolution. Mr. Jahnke inquired if this amount was to be designated totally for future road repairs. Mayor Coughlin stated this was correct, it is designated for infrastructure repair and reconstruction. City Administrator Whiting explained the resolution directed staff to draft language for the Council to consider in November, to formalize this at a level the Council is comfortable with, in terms of the ease or difficulty in changing this commitment. Mr. Jahnke stated he would like to see this language, and exactly what guarantees would be provided, as there were understandings that have not occurred. Council Member Quick asked Mr. Jahnke what understandings he was referring to. Mr. Jahnke stated one of these was in regard to the golf course, and the understanding that the taxpayer would never have to pay for this. Council Member Quick clanfied this was never stated, and furthermore, it was never stated that the franchise fee would be abolished. He advised that the majority of the Council concluded they would look at eliminating the franchise fee, and would attempt to eliminate .5 percent every year, however, when it was determined this was not feasible, they eliminated .5 percent every two years. He stated no Council is tied by the actions of a previous Council. Mr. Jahnke requested the City research eliminating the golf course. He commented although it has been explained this can not be done due to the Land, which was donated, a more in depth research, and discussion with the land donors in this regard might yield results, and provide that the residents are not burdened with the golf course. Mayor Coughlin stated when he first came into office he had researched this matter. He indicated that he and the Director of the golf course had made telephone calls to determine if this was a possibility, however, found that it was not. He explained this property is a conglomerate of many different properties and designations, and to attempt to do this would cost the City more money than it is worth. He advised he had seriously examined this matter at that time. Mayor Coughlin pointed out that the golf course, on one hand, is very successful and is operating at 12Q percent of the estimate for a golf course of this type. He explained the problem arises in that the structure of the financing package is such that, even though the golf course is doing very well on the revenue side, it is still unable to make the interest payments on the bond. He stated it was hoped that in two to three years, the City would have the opportunity to refinance this bond, which will assist in resolving the current problems. Mounds View City Council October 25, 1999 Regular Meeting Page 8 Mr. Jahnke stated he was informed at a previous meeting that the golf course pickup truck was purchased for $28,000, however, the pamphlet of information Mayor Coughlin provided to him indicates that the pickup truck cost $35,000. Mayor Coughlin stated he was not aware of the print date of this paperwork, and it was likely generated prior to the actual purchase of the pickup truck, however, the actual out of pocket expense for the pickup truck was the amount the Mr. Hammerschmidt had indicated. He further advised that the City needed this truck. Mr. Jahnke stated he would not argue with this, however, he required clarification due to the discrepancy between the amount indicated on the paperwork, and the amount that was stated. He commented he was also informed that the old pickup truck would be traded in, however, he still sees this vehicle in the City fleet. Mayor Coughlin explained the old pickup truck was worth relatively little, in terms of selling it outright, due to its used condition, and a fair amount of mileage, therefore, the Golf Course Director retained it as a work vehicle, in lieu of purchasing another, which would be much more expensive. He pointed out that the Golf Course Director was attempting to save money in the Long term, by utilizing the old pickup to haul landscape timbers, and so forth, and to use it up, instead of attempting to obtain a few dollars out of it. Council Member Stigney stated he had inquired if the Work Session meeting would be broadcast, as he first came into the meeting that evening. He stated he did not consider this meeting to be an envisioning or a brainstorming. He advised the actual budget for the year 2000 was discussed, and this involved a number of issues, mcludmg the Year 2000 Budget Review, review of the Park Dedication Capital Purchase Plan, consideration of the Interfund advance to the golf course, Assessment Policy Revision, Water Services Repair Policy, Pavement Survey, Snowplowing Equipment, consideration of electronic sign bid, and an ordinance for a public hearing policy. He stated all of these matters should be broadcast, and was disturbed that they were not. Mayor Coughlin stated this consideration had been discussed during the previous Council Retreat, and Council Member Stigney had not raised any issues at that time. Council Member Stigney stated the discussion at the Council Retreat was in regard to visioning and brainstorming of future means to handle the long term financial planning of the City, and was not specific to the Year 2000 Budget. He stated he took exception to Mayor Coughlin's comment. Council Member Stigney stated the Work Session discussion indicated the road reconstruction fund was not to be applied to road reconstruction as he understands the term, such as resurfacing, milling or overlaying, or fixing up a street. He stated this fund would have nothing to do with any of these things, and they are not defined as road reconstruction. He commented this presented a communication gap, in terms of the definition of road reconstruction. Mayor Coughlin advised as a point of order, the City policy has not been fully discussed at a Work Session, much less been adopted. He explained, therefore, to make a blanket statement that this is not the case, or to solidly stand, stating this is or is not the case, is m error. Mounds View City Council October 25, 1999 Regular Meeting Page 9 Council Member Stigney stated the documents contained in his packet are his reference. Mayor Coughlin clarified the point of order, m that the Council has not yet dealt with those documents, they are not official documents, and they have not been approved in either the first or second reading. Council Member Stigney stated this was correct, however, if he were Mr. Jahnke, and based upon the information Mayor Coughlin had conveyed in this regard, he would have an entirely different opinion of what is actually being presented. Mayor Coughlin clarified that nothing has been adopted, and therefore, it is subject to change. He pointed out he did not desire to promise anybody anything, even with regard to Council Member Stigney's statements, as the Council has opportunity to change these things at will, prior to adoption. Council Member Stigney commented that Mayor Coughlin's explanation was a perfect example of the miscommunication that is occurring. He stated if he were Mr. Jahnke, he would have an entirely different opinion than what is being proposed. Mayor Coughlin stated a point of order in that accusing the Council of miscommunication to the residents is patently unfair. • Council Member Stigney remarked he believes this is exactly what the Council does. He stated that the $35,000 amount for the golf course pickup came from an August 13 Work Session document, which indicates "Actual Cost" and lists "Replacement Vehicle - $35,000." He advised if these are not actual costs, they should not be basing information on this. He explained that the entire document is based upon projections and actual costs, yet is not factual. He stated this was a perfect example of how miscommunication can occur. Mayor Coughlin stated Mr. Jahnke has now been shown the Bill of Sale for the pickup truck, and unless they lied when they were writing out the check, this is what the vehicle cost. Council Member Stigney remarked in his opinion, communication was the poorest thing he has seen this Council do. He stated he hopes the Council can begin to communicate effectively, so the residents can understand. Mayor Coughlin ruled this point out of order. There were no further requests or comments from the floor. 10. COUNCIL BUSINESS A. Public Hearing and Consideration of Resolution 5377, a Resolution Contemplating the Issuance of a Conditional Use Permit for an Over-sized Shed to be Located at 8270 Eastwood Road. Mayor Coughlin opened the Public Hearing at 7:37 p.m. Mounds View City Council October 25, 1999 Regular Meeting Page 10 Planning Associate Ericson stated the applicants, Alan and Tammy Doroff, have applied for a conditional use permit to construct a 384 square-foot shed in the backyard of their home located at 8270 Eastwood Road. He advised the area of this property is approximately .5 acres m size, and there is an in ground pool located in the backyard. He explained the proposed shed is to be constructed behind the in ground pool, and there is an existing shed in this location, which will be removed prior to the construction of the new shed. Planning Associate Ericson advised that all of the dimensional requirements for this type of construction are met, including the setback requirements and the percentage of rear yard that would be taken up by the shed. He noted the noted the neighboring property owner has a similar shed structure. He explained the proposed shed will be a barn like structure, approximately 15 feet in height, and a fence encloses the backyard, therefore, the shed would not be visible to any of the neighbors or from the street. Planning Associate Ericson stated this matter was considered by the Planning Commission at their October 6 meeting, at which time they examined the general conditional use permit requirements, adverse effects requirements, and the specif c conditional use permit requirements for over sized sheds. He advised that all of the requirements are satisfied by this proposal, and the Commission, after receiving testimony from the applicants, felt very strongly that the conditional use permit request be approved, and have passed a resolution recommending approval to the City Council. • Planning Associate Ericson stated based upon the information that staff researched, and the recommendation of the Planning Commission, staff has drafted Resolution 5377, which approves a conditional use permit for the applicants to construct a 384 square-foot shed in their backyard. Planning Associate Ericson stated the applicants were present. There was no public input. Mayor Coughlin closed the Public Hearing at 7:40 p.m. MOTION/SECOND: Quick/Stigney. To Approve Resolution No.5377, a Resolution Approving a Conditional Use Permit for an Oversized Shed for Alan and Tammy Doroff, 8270 Eastwood Road, Mounds View Planning Commission Case No. 571-99. Council Member Stigney stated this item was discussed thoroughly by the Planning Commission Ayes - 4 Nays - 0 Motion carried. B. Consideration of Resolution 5380, a Resolution Approving a Wetland Buffer Permit at 7638 Silver Lake Road. Planning Associate Ericson stated Jeffrey Hofstede, property owner at 7638 Silver Lake Road, has requested a wetland buffer permit to construct a home on a vacant lot, located south of County Road I. He stated the property owner has commenced some clearing and preliminary work on the property. Mounds View City Council October 25, 1999 Regular Meeting Page 11 • Planning Associate Ericson provided the Council with a Wetland Study and Soil Boring Report which staff has forwarded to the City Engineer and the Rice Creek Watershed District. He stated that Tony Brough of the Rice Creek Watershed District has been to the property, and has indicated that the wetland delineation is accurate and correct. Planning Associate Ericson advised the City Engineer has reviewed the soil borings and the delineation, and indicated that impact to the wetland would be minimal if any. He has recommended, however, if the permit is approved, a minimum 5-foot natural buffer area remain unspoiled and natural to assist in filtration of the water and runoff to insure that any runoff that enters the wetland has been thoroughly cleansed. Planning Associate Ericson referred to the site plan, which indicates the applicant has made every effort to minimize the impact to the wetland by distancing the structure as far from the wetland as possible. He noted the buffer encompasses 100 percent of the subject lot, and the complete structure and driveway will be within the buffer. He added this has been done in the past on other properties. Planning Associate Ericson stated the site plan appears to be good from staff's perspective, and based upon the reports of the Rice Creek Watershed District Engineers and the City Engineer recommends approval of the Wetland Buffer Permit request. He explained that Resolution No. 5380, which approves a Wetland Buffer Permit, does not guarantee that the applicant will be issued a building permit, as there are other issues with regard to soil suitability and the easements • for sanitary sewer lines which require to be addressed. He explained the resolution very clearly indicates that approval of the Wetland Buffer Permit would m no way guarantee or implicitly guarantee that any type of building permit would be approved for this proposal. Planning Associate Ericson stated the applicant was present. Council Member Stigney noted this matter had not gone before the Planning Commission for consideration, and inquired if it would in the future. Planning Associate Ericson advised that Wetland Buffer Permits do not require consideration by the Planning Commission. MOTION/SECOND: Quick/Thomason. To Approve Resolution No. 5380, a Resolution Approving a Wetland Buffer Permit for Jeffrey Hofstede, 7638 Silver Lake Road, Planning Case 572-99, "The Stormwater from the Home be Directed Away from the Wetland to Allow for the Runoff to be Absorbed Into the Lawn Areas Instead of Being Guided Directly to the Wetland. In Addition, the Driveway Shall Be Constructed With Enough of a Slope to Direct Runoff to the North, Away From the Wetland." Council Member Stigney requested the resolution be amended to include the last two sentences of the staff report which indicate "The stormwater from the home be directed away from the wetland to allow for the runoff to be absorbed into the lawn areas instead of being guided directly to the wetland. In addition, the driveway should be constructed with enough of a slope to direct runoff to the north, away from the wetland." Mounds View City Council October 25, 1999 Regular Meeting Page 12 Planning Associate Ericson stated this was the intent, and staff would clarify this in the language . of the resolution. He added that staff would examine this matter when the building plans are reviewed. Mayor Coughlin asked if the motioner and seconder would agree to amend the motion. Council Members Thomason and Quick agreed. Ayes - 4 Nays - 0 Motion carried. C. Review of Charter Commission Response to City Council Request for Consideration of Charter Amendments. City Administrator Whiting stated he has received a letter date October 14, 1999, from Julie Olsen, Chair of the Mounds View Charter Commission. He read the letter as follows: The Mounds View Charter Commission has reviewed your letter dated August 12, 1999. We will be needing additional information in order to complete the review of the charter revisions as requested. Point 1) Charter Section 3.01 - as to "council meetings" • We are requesting the city to provide us with the State law and or City code that the • council is reciting from. Point 2) Charter Section 4.02 - as to "filing for office" • Would like to see where in the State of Minnesota Constitution that this is addressed. • Would like the case law of Minnesota Term Limits Coalition V. Keefe. Point 3) Charter Section 5.05 - as to "initiative", "resolutions" • A copy of the city attorney's letter dated June 28, 1998 • Copy of the State law that your letter is referring to • Copies of Case law involving charter cities that your letter is referring to Point 4) "Voting majority for zoning amendments" • Need state law definition of 2/3rds majority. City Attorney Long advised, in regard to Point 1, Minnesota State Statutes, Section 471.705 Subdivision 1 C (b), pertaining to Special Meetings state that at least three days notice is required prior to holding a special meeting. He explained, at the time the City Charter was written, the Special Meeting Section did not exist, therefore, the Charter indicates "upon at least 24 hours notice." He advised the Charter is presently in conflict with State Statutes, and State Law, • generally applied, indicates that the charters of cities need to be in compliance with State Statutes Mounds View City Council October 25, 1999 Regular Meeting Page 13 and the State Constitution. He indicated that copies of the State Law would be provided to the • Charter Commission. City Attorney Long advised, in regard to Point 2, Article 7, Section 6 of the Minnesota Constitution states the universal eligibility to hold offce and sets forth the eligibility criteria, which indicate any person who is 21 years of age and eligible to vote is eligible to serve and run for office. He explained that in the city of Minneapolis, a charter amendment was proposed by initiative, which would have placed term limits in the Minneapolis Charter to restrict the number of terms, however, the Minneapolis City Council refused to put this on the ballot, and relied upon case law that stated the City Council is authorized to refuse to put something on the ballot if it is manifestly unconstitutional. City Attorney Long pointed out that the question was if term limits adopted by a local city charter commission or by initiative were unconstitutional. He advised that the Term Limits Coalition V. Keefe case decision determined that the Minnesota State Constitution, Article 7, Section 6, is the only place where eligibility for office can be determined, therefore, any term limit provision of any City in the State of Minnesota, or any term limits adopted by the State Legislature would be invalid and unconstitutional, because only the Constitution of the State of Minnesota could be amended to allow for this. He stated copies of this case would be provided to the Charter Commission for review, as well. City Attorney Long advised because there has been a ruling of the Minnesota State Supreme Court, there needs to be some action to bring the Charter into compliance with that ruling. He • explained at the time term limits had been brought to the ballot in Mounds View, there was no ruling by the Supreme Court, and at that point, the City Council inquired if they should refuse to put this measure on the ballot. He indicated they requested the City Attorney's office review this matter, and since there was no clear cut guidance, they determined it would probably be safer to put the matter on the ballot, as they could not know if it was a certainty and official. However, the measure passed, and after it passed, the Supreme Court ruled, in Minneapolis' case, that the provision was unconstitutional. He explained that had this ruling come down before the measure came forward, the City Attorney's Office would have advised that should it not be brought to ballot. City Attorney Long stated in regard to Point 3, the Mounds View Charter indicates that ordinances, resolutions, and motions are subject to referendum and also can be the subject of initiatives. He stated the City Attorney's earlier opinion, as indicated in the letter dated June 29, 1998, pointed out the series of cases in Minnesota by which the courts have indicated the proper subject of a referendum or initiative must be a legislative matter, and there is specific language in the Statute that indicates only ordinances shall be the subject of initiatives or referendum. He explained that under the principal that all city charters must be consistent with State Statutes, the State Statute has specifically named ordinances, and not resolutions, as proper subject matter, and that is where it was concluded this would apply to ordinances only. City Attorney Long stated this has been indicated through cases in the Courts of Minnesota as far back as 1925, and has been a longstanding principle in Minnesota. He stated the cases cited in the City Attorney's June 29, 1998 letter address this matter, and these cases were available for review at the library, however, in consideration of the City's copy budget, copies have not been made. He added that if copies are requested, they will be provided. Mounds View City Council October 25, 1999 Regular Meeting Page 14 City Attorney Long advised, in regard to Point 4, there is a State Statute which indicates for • certain types of voting amendments, there is atwo-thirds majority, however, they did not specify the number of members of the Council. He explained, in the case of the City Council, with 5 members, three out of five would not be two-thirds, and this is somewhat confusing, in that it would actually require 66 percent, in the case of a Zoning Amendment. He stated the language of the Charter indicates that all ordinances passed by the majority of the Council, unless specified in State Statutes, or elsewhere in the Charter, are adopted. City Attorney Long advised unless State Law specifies something more than a majority, which it does in the case of Zoning Amendments which require atwo-thirds vote, the Charter provision is applicable, and only a majority of the full Council is required. City Attorney Long noted there are provisions in the Code, for example, afour-fifths voting requirement for a conditional use permit, which the City Attorney's office has indicated is inconsistent with the Charter, and should probably be amended within the City Code. He pointed out that the Charter Commission might decide to keep this in the Charter, and could therefore specify that afour-fifths vote is acceptable for certain types of actions. He indicated, however, the general rule of the Charter is the majority vote, three total votes, and not the majority of a quorum, adopts an ordinance. City Attorney Long advised if there was a grievance between the Charter Commission and the City Council, the Charter Commission could establish a higher threshold for certain types of votes, however, this would have to be clearly spelled out in the Charter, and at present, it is not. • Mayor Coughlin stated at the City Council meeting on July 27, a motion was made and approved by the majority of the Council to grant a 60-day period to the Charter Commission to provide a response to the specific items listed on Attorney Scott Riggs memorandum to the City, which highlighted these four points. He commented on the face of this matter, in that the Chair of the Charter Commission was present at that meeting, as well as two Charter Commission members in the audience, and two Charter Commission members who serve on the Council, the Charter Commission was well aware that the 60-day time period was coming to a close. He stated City Administrator Whiting sent a letter indicating the Council's desires on August 12, and even if the process was to have commenced on that date, the 60 days have expired. He stated he finds it disheartening that a group that met at least twice, if not three times during that time period, waited until the specified time had expired to answer the Council's question with a question. He pointed out if there were concerns or questions, they should have been asked sooner rather than later. He stated, however, to come after the fact, and require more information and further clarification, when the majority of the information could have been received in a very short amount of time, or found on the Internet or at the library, leaves this response to fall flat. He remarked at some point, the authority of the Council is being challenged in asking a question of the question, after the fact, whereas, the questions would have been valid if asked within the 60- day time frame. Mayor Coughlin stated the matter of openness has been discussed at the Council Level. He indicated he extended a letter to the Chair of the Charter Commission 7 to 8 months prior, • offering to televise the Charter Commission meetings, as all of the other meetings are presently televised. He advised the Charter Commission is not an entity of the City, but rather an entity of Mounds View City Council October 25, 1999 Regular Meeting Page 15 the Courts, and the Council has no direct authority to order the Charter Commission to appear on television. Mayor Coughlin pointed out that it has been mentioned, even in the minutes of the previous meeting that were approved, that the Charter is an "alternative" to the City Council. He stated therefore, he is exceedingly disappointed that this group, which is charged with preserving and protecting the Constitution of Mounds View, the people's document, would even consider changes to this document without providing the people every opportunity to be aware of what is being discussed. He stated, in his opinion, this is truly a case of horrible lack of communication. Mayor Coughlin requested the Council allow him, once again, to extend to the Charter Commission the opportunity to televise their meetings on the City's cable system so that all the people can at least passively partake in this discussion. He stated it appears intellectually dishonest to focus upon televising all other meetings, which was a subject of his campaign and one of the Council's first actions, and not to televise the Charter Commission meetings. He stated he is an advocate of presenting these discussions to the public. Mayor Coughlin informed the Council that the Charter Commission has a budget of $1,100, however, their spending as of the previous Friday, was in excess of $2,500. He stated they have spent their budget over one and one half times what was allocated to them by the City. He indicated there is no accountability, because they are an entity of the Courts, and not the Council or the City, per se, and what more argument is necessary than to broadcast this. He stated he had contacted one of the individual members of the Charter Commission who had assisted in writing the City Charter and asked when the Charter was being written, and all of the legal work and research was being conducted, whether or not that Charter Commission exceeded their budget. He stated he was informed that there was no budget at that time, and the expenses were paid out of their own pockets. He added to this individual's recollection, no Charter Commission in the history of the City, since the Charter's inception has spent its budget, however, this Commission has exceeded it. Mayor Coughlin stated in light of this, and in combination with a question presented as a response to the Council's question, he finds it futile to continue to play "trench warfare" and spend the time of the Council, and money and legal staff to further talk around these issues, which history has indicated are simply discussed over and over again. MOTION/SECOND: Coughlin/ Quick. To Authorize the City to Initiate the Necessary Civil Legal Action Seeking a Declaratory Judgement and Court Order Requiring the City Charter Commission to Amend the City Charter to Bring it Into Compliance with The Minnesota State Constitution, State Statutes, and the Judicial Decision of Minnesota Courts. Council Member Quick inquired if the motion would be better stated to direct staff to initiate this action. City Attorney Long advised the intent of this motion provides that the City initiate the action either through staff or the City Attorney, and either wording is acceptable. • Council Member Quick seconded the motion. Mounds View City Council October 25, 1999 Regular Meeting Page 16 Council Member Stigney stated as a member of the Charter Commission, he took offense to some of the comments made by Mayor Coughlin. He advised the Charter Commission meets only once a month, and at the first meeting after the Council's request, the Charter Commission reviewed the request and drafted a response, which required approval at the next meeting, the following month. He explained this response was just approved at the last meeting of the Charter Commission and forwarded back to the Council. He pointed out these were valid questions asked by the Charter Commission, and a vote was taken in response to the Council's inquiry to make changes to the Charter. Council Member Stigney stated the questions asked are all valid, and the city Attorney has presently responded to them, which was what the Charter Commission was requesting. He stated for the Council to overthrow the Charter Commission's authority to conduct their meetings, during their schedule, which is once a month is wrong. He stated he opposed this motion. • Council Member Stigney stated Mayor Coughlin has indicated the Charter Commission has more than doubled the expense of their budget, however, to his knowledge, the Charter Commission has never received a bill for anything, and has not spent anything. He advised that if there is a billing to the Charter Commission, it would have to come from the City, and there is no billing. He advised that before a statement is made that the Charter Commission has overspent, the City should bill them, because as far as they are aware, the Commission has not spent one nickel. Mayor Coughlin stated it has, and it did. Council member Stigney inquired when the City would bill them. Mayor Coughlin stated he would move to request the City Attorney look into who is responsible for this overage. He stated otherwise, the taxpayers of the City will have to pay for these items, and this is an appointed body, not even an elected body, that is spending money. Council Member Stigney stated to his awareness the Charter Commission has spent nothing. He reiterated if there is a billing, the City should submit the billing, and indicate what it is for. He explained they should not just indicate the Commission has overspent their budget by $2,500. He stated this was news to him, and he was a member of the Charter Commission. Mayor Coughlin suggested Council Member Stigney consult with the Charter Commission Chair in this regard. Council Member Stigney stated he has, and they discussed this at their last meeting. He explained as far as anyone on the Charter Commission is aware, they have not spent anything out of their budget. Council Member Quick moved the question, and closed off the debate. Ayes - 3 Nays - 1 (Stigney) Motion carried. • Mayor Coughlin asked the Council if anyone desired clarification of the motion. There were no requests for clarification.