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HomeMy WebLinkAboutMinutes - 1991/10/28PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA RegularMeeting October28,199 MoundsView City Hall 2401 Hwy.10, MoundsView, MN 5511. CALL TO ORDER The Mounds View City Council was called to order by Mayor Linke at 7:00 p.m. on Monday, October 28, 1991. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was said. ROLL CALL MEMBERS PRESENT: Councilmembers Wuori, Quick, Blanchard, Rickaby and Mayor Linke. ' MEMBERS ABSENT: None ALSO PRESENT: Samantha Orduno, City Administrator,Ric Minetor, Public Works Director, Don Brager, Finance Director, Mike Ulrich, Public Works Foreman and Mark Barney, City Attorney APPROVAL OF MINUTES: October 14, 1991 Regular Meeting - Councilmember Rickaby disagreed with the wording on page 5, paragraph 5, regarding Mayor Linke's statement regarding Groveland Road. After some discussion, Mayor Linke entertained the following motion: MOTION/SECOND: Quick/Wuori to table the minutes of October 14, 1991 in order to afford Councilmember Rickaby a chance to rework the wording for page 5, paragraph 5, for Council consideration at the October 28, 1991 meeting. 5 ayes 0 nays Motion Carried SPECIAL ORDER OF BUSINESS: ere was no special business before the Council. ds View City Council lar Meeting Page Two October 28, 1991 PUBLIC HEARINGS: There were no public hearings scheduled for this meeting. CONSENT AGENDA• Samantha Orduno, City Administrator, read the Consent Agenda. Mayor Linke asked if there were any items the Council wished to remove from the Consent Agenda. No items were removed from the Consent Agenda. MOTION/SECOND: Wuori/Quick to adopt the Consent Agenda as presented. 5 ayes 0 nays Motion Carried COUNCIL BUSINESS: 1. Samantha Orduno, City Administrator reviewed Ordinance No. 495 regarding the Long Term Financial Plan. Orduno stated that the Long Term Financial Plan was presented at the October 14, 1991 Council Meeting for its first reading and is available in the City Administrator's office for public review. Orduno further stated that, as required per the Mounds View City Charter, the Long Term Financial Plan must have a second reading with a roll call vote for its adoption. MOTION/SECOND: Blanchard/Rickaby to waive the second reading and adopt Ordinance No. 495 Adopting the 1991 Long Term Financial Plan Mayor Linke - Councilmember Councilmember Councilmember Councilmember Motion Carried aye Wuori - aye Quick -aye Blanchard - aye Rickaby - aye 2. Ric Minetor, Director of Public Works reviewed Staff Report No. 91-96C regarding amendment of Chapter 63, "Fire Code" of the Mounds View Municipal Code. Minetor reported that the Spring Lake Park-Blaine-Mounds View Fire Department requested that the City of Mounds View amend the Municipal Code to adopt the "Minnesota Uniform Fire Code" as the fire code of the City. Minetor stated that amendments to the Uniform Fire Code are also requested such as fire roads, sprinkler systems, notifying devices, and regulated fires Minetor stated this is merely a housekeeping measure and recommended that the reading of the ordinance be waived because of its length. ds View City Council lar Meeting Page Three October 28, 1991 MOTION/SECOND: Quick/Blanchard this Ordinance No. 496 Amending Mounds View Municipal Code to approve the first reading of Chapter 63, "Fire Code" of the Mayor Linke was concerned about the clarity of Subdivision 4 and stated that the specified Fire Inspection Protocol Amendment No. 1 (which was put into effect on 06/01/87) be attached to the Ordinance. Mark Rarney, City Attorney, was in concurrence with Mayor Linke. Minetor also stated that Ron Fagerstrom, Fire Chief, will be in attendance at the November 12, 1991 meeting, at which time this ordinance will receive its second reading, to answer any questions pertaining to this amendment. 5 ayes 0 nays Motion Carried 3. Ric Minetor, Director of Public Works, reviewed Staff Report No. 91-97C regarding the second reading and adoption of Ordinance No. 494 Amending the Municipal Code of Mounds View By Amending Chapter 32, Entitled, "The Planning Commission". Minetor stated that this ordinance is a housekeeping item which will bring the code into conformance with the Planning Commission rules and by-laws. MOTION/SECOND: Mayor Linke - Councilmember Councilmember Councilmember Councilmember Motion Carried aye Wuori - aye Quick - aye Blanchard - aye Rickaby - aye 4. Ric Minetor, Director of Public Works, reviewed Staff Report No. 91-98C Regarding a street light petition for Greenfield Avenue, mid block between Woodale Drive and O'Connell Drive. Minetor stated that this petition was based on the fact that the middle of the street is dark and there has been recent minor vandalism. Minetor concurs with the findings as this street is unusually dark and has a lot of trees on it. There were two residents who did not sign the petition; one resident at 5200 and one at 5249. The resident at 5249 is not in favor of the streetlight. • MOTION/SECOND: Quick/Wuori to direct staff to install a streetlight as provided in Staff Report No. 91-98C dated October 28, 1991. ds View City Council Page Four lar Meeting October 28, 1991 Councilmember Blanchard inquired as to where the streetlight is being placed, not at 5249? Minetor stated the light will not be put at 5249 without the owner's permission. Councilmember Rickaby asked if the wires would be aerial or underground. Minetor replied that the wires could be either aerial or under- ground. Normally, these wires are run along the lot line and in this case would probably be brought in from the rear lot line. Councilmember Rickaby stated she once signed a petition for a streetlight and regrets doing so. She stated that she regrets her decision because she did not check into how the wires would impact the trees on her property. The City Forester, apparently stopped at her residence and commented that he would not have allowed NSP to run wires across the backyard because NSP can come in at any time and top or cut down the evergreens and large oaks if they feel they are interfering with the wires. Rickaby states that she was not given this information when she signed the petition. . Minetor stated that the City does not get involved with who signs the petition until after the petition has been brought in. Councilmember Quick stated that he has dealt with NSP several times in the past, and that NSP has always met him more than half way with any work that had to be done. Quick stated that one has to let NSP know their concerns before the work is done. Quick stated he has an aerial power line running down the south side of his property. He has been very satisfied with the work NSP has done. Councilmember Wuori inquired as to where the streetlight would be placed. Minetor responded that there are normally three or four locations that will meet the criteria for streetlight installation. Shirley Arbour, 5270 Greenfield stated that #30 and #31 listed on the attached petition would be willing to have the streetlight placed on their property. 5 ayes 0 nays Motion Carried 5. .Samantha Orduno, City Administrator, reviewed Staff Report No. 91-102C regarding an informational meeting for Tuesday, November 12, 1991 to discuss implementation of a Street Light Utility and/or a Utility Franchise Fee. Due to the publication requirements for public hearings and possible ordinance publication, should. the city move forward with a proposal, it is in the City's best interest to make the meeting on November 12th a public hearing. ds View City Council lar Meeting .Page Five October 28, 1991 With the publication requirements, if the utility is approved, the utility could be implemented the same time that the budget is approved. MOTION/SECOND: Quick/Wuori to set Tuesday, November 12, 1991 as a public hearing to consider implementation of a Street Light Utility and/or a Utility Franchise Fee. 5 ayes 0 nays Motion Carried 6. Samantha Orduno, City Administrator, reviewed Staff Report No. 91-99A regarding Barstool Promotions holding a "Barstool Bullies" competition at the Bel-Rae Ballroom on December 3 and 4, 1991. Orduno reported that Minnesota Statutes require consent of a municipality for any proposed boxing or sparring exhibitions held with the city limits. Orduno further stated that the consent for the event must be given by formal resolution of the City Council. In the past, the City has given its permission, with strict stipulations, for such events as amateur Golden Gloves Boxing and Womens Pro Wrestling events. Orduno reported that previous boxing events held at the Bel-Rae Ballroom were • sanctioned by the Amateur Boxing Federation and met the current State Boxing Board rules and regulations. Orduno spoke with Jim O'Hara, Chairman of the State Boxing Board, who commented that this type of competition is very dangerous and is not consistent with the rules and regulations which govern other sanctioned boxing events. Orduno listed some of the examples of why this competition is not consistent with the rules and regulations which cover other sanctioned boxing events. They were: 1. The competition stipulates that contestants must not be professional boxers. If the competition is geared toward amateur boxers, the State does not allow for prize money to be awarded. Barstool Promotions pxovides for prize money. 2. Barstool Promotions lists only three weight divisions and makes no allowances for age within the divisions. Sanctioned boxing has 8-10 weight classes and is based on age as well as weight. 3. The Barstool Bullies competition requires only a signed affidavit by the contest that they are physically fit and have no known physical condition which could be potentially dangerous. Although each contestant is given a physical exam prior to the event, it is extremely doubtful that such a physical could determine a health problem which could prove deadly during the competition. unds View City Council gulag Meeting Page Six October 28, 1991 There is no way that the promoters can verify someone's health history by taking contestants at the door on the night of the event. Orduno stated that this is not the type of competition and is clearly not consistent with the other boxing and wrestling events which the City has consented to in the past. Orduno introduced Mr. Greg Michaud, 9846 Cottonwood Lane representing Barstool Promotions. He, in turn, introduced Mr. Chuck McNiff, a partner in Barstool Promotions. Mr. Michaud stated an informal meeting between him and Jerry Kaufman of the Boxing Commission was held last week. This meeting was to help Barstool Promotions safely conduct the competition. Barstool Promotions has agreed to work closely with the Boxing Commission. Mr. Michaud stated that there will be a meeting with the Boxing Commission Wednesday night. The Boxing Commission's decision to allow this type of competition will be based on what decision is made by the Council tonight. Mayor Linke asked what the liability would be to the City? City Attorney Barney stated that if there would be physical damage and a lawsuit occurred, the City would be named a party for permitting this type of competition which is not regulated by the Boxing Commission, to be held in the City. Michaud stated that this competition could be changed to an amateur competition. The amateur competitions are not required by state law to have the 60 day training period. Orduno stated that if the prize money is $5.00 or more or if there is merchandise of $100 or more given, then the competition becomes professional. Michaud gave some background on Barstool Promotions. Michaud stated that the three partners are all promoters, but in the wrestling field. Ron Peterson, a promoter of boxing competitions, has offered to help Barstool Promotions with technical information. Michaud further stated that promoting wrestling is somewhat different, although similar in ways to this type of event. Councilmember Rickaby inquired as to what Barstool Promotions track record was in other places? Michaud stated that they have not held these competitions in Minnesota in 10 years. Michaud stated the . problem was that another group came in and held this type of competition without going through the Boxing Commission. Michaud further stated that is why the law was made that there had to be 60 ds View City Council lar Meeting Page Seven October 28, 1991 days of training. Michaud said that this law would prevent competitions such as Barstool Bullies from occurring. CJ 7. • Michaud stated that Barstool Bullies competitors are required to use safety equipment such as head gear, kidney belts, 16 oz. gloves, mouth pieces, knee pads and elbow pads to name a few. Mark Karney, City Attorney, stated that the 60 day training rule, established by the State Boxing Commission, had not been repealed. Barney felt that if the City approved this type of competition, that they would be promoting an illegal activity. Mayor Linke asked why the Boxing Commission would forego this 60 day training period if it is written in the state law? Mayor Linke stated that it was his belief that only legislators could change state law. Mark Rarney, City Attorney, stated that Barstool Promotions is asking the City Council to approve a technically illegal activity. Greg Michaud stated that his alternative would be to go to Minneapolis and conduct the event without approval from that City. Orduno stated that if it has been 10 years since this event was held in Minnesota, then the Boxing Board has not changed those rules for a 60 day training period during that timeframe. Michaud stated that Jerry Kaufman advised him that there would be no problem with conducting this event if Barstool Promotions went through the Boxing Commission. How the 60 day training period was noted was that one of the fellows at the Boxing Commission office found an old folder with this information regarding the 60 day training period law in it. Again, Michaud stated this rule is made so promoters go through the Boxing Commission and agree to work with the Boxing commission in setting up these matches. MOTION/SECOND: Wuori/Rickaby to deny the application for the Barstool Bullies competition that was to be held on December 3 and 4th at the Bel-Rae Ballroom due to the fact that the competition does not meet state regulations for amateur or professional boxing. 5 ayes 0 nays Motion Carried Samantha Orduno, City Administrator, reviewed Staff Report No. 91-1000 regarding the 1992 Budget for the North Suburban Cable Commission. Orduno stated this budget was being submitted for review by all the participating cities. Orduno further stated that the amount of money the cities will be requested to pay to fund the Commission will remain the same as 1991, $156,400. ds View City Council lar Meeting Page Eight October 28, 1991 MOTION/SECOND: Rickaby/Wuori to approve the 1992 Budget for the North Suburban Cable Commission. 5 ayes 0 nays Motion Carried 8. Mike Ulrich, Public Works Foreman, reviewed Staff Report No. 91-1O1C regarding the renovation of the City Sign. Ulrich reported that the outdoor sign board has broken panels and holes in the sign and is in dire need of repair, Ulrich requested and received a quote from Lawrence Signs, which is the company who originally installed the sign board. Ulrich stated the various options as follows:. 1. To replace the face of the sign, basically the same as it is now, would be $2,275.00. 2. To replace the upper part of the sign, which is where the "City of Mounds View" logo resides, there are 2 options: a) Basically the same as now: $2,000.00 b) Routed copy aluminum faces backed with plexiglass. (This would allow just the City of Mounds View to illuminate at night with gold lettering, instead of the background lighting up also, as does now. This option would give the sign board more of a professional and crisp look.): 3. To repaint the sign cabinet and pole enclosures: $570.00 4. Additional letters and number: $500.00 Councilmember Blanchard inquired as to the cost of a reader board sign. Ulrich had checked into this and the cost would be approximately $60,000. Mayor Linke stated that to replace the face of the sign, have routed aluminum faces backed with plexiglass, repaint the sign cabinet and purchase additional letters the cost would be $4745. Ulrich stated that the Council had approved $1,000 in the 1991 budget for renovation of this sign. Ulrich advised that to do just the basic minimum of renovation, $1,275 will need to be transferred from the contingency fund. s View City Council ar Meeting Page Nine October 28, 1991 MOTION/SECOND: Direct staff to go proceed with the renovation of the City sign not to exceed $4800 with amount not budgeted to be transferred from the contingency fund. 5 ayes. 0 nays Motion Carried REPORT OF COUNCILMEMBERS: Councilmember Wuori - No report. Councilmember Quick - No report. Councilmember Blanchard - No report Councilmember Rickaby - In response to Councilmember Blanchard's statement entered into the minutes last week, Councilmember Rickaby wanted to read her own statement to be entered into this week's Council Minutes. "Since Councilember Blanchard read a prepared statement into the minutes of the last Council Meeting in which she attached my • integrity and accused me of malicious libel, I find it necessary to use this time to read my own prepared statement into the minutes. First of all, I believe the audience to this Council Meeting deserves to know the content and the context of the statement that was the subject of Councilmember Blanchard's attack. As Mayor Linke pointed out at the last meeting, he proposed prior to the October work session that we discuss the possibility of omitting the Airport Road when the 10/610/County Road J construction took place. I naively believed that he was merely suggesting that the connection to the airport be left out, not the entire access from 85th Avenue to new J and to the airport. Therefore, when I started getting phone calls from my neighbors telling me that the rumor was that the Red Oak access would be eliminaited leaving Groveland, Knollwood and Spring Lake Road as the only access, I mistakenly reassurred them that all Mayor Linke proposed was the elimination of the airport connection. However, at the October 7th work session, I learned I was dead wrong and the rumors were correct. The Mayor was proposing eliminiating the Red Oak access at the time of construction. Phyllis Blanchard agreed with the proosal. In response, I told the Mayor and Council that many residents of Groveland Road did • not get nvolved when the last 10/610 fiasco took place. However, they had informed me tht if the rumors were correct, they would get involved this time. ds View City Council lar Meeting Page Ten October 28, 1991 Councilmember Rickaby's Statement (cont'd) After the meeting I drew up flyers to inform my neighbors of my mistake and that the rumors were correct. The statement from the flyers that Councilmember characterized as a misquote was never intended to be an exact quote. That is why is was not enclosed in quotation marks. .Rather it was intended as a paraphrase of what she said. The statement read, "Phyllis Blanchard says she thinks the brunt of the traffice SHOULD BE on Groveland Road because it is wider than the rest." When Councilmember Blanchard accused me of libel at the last meeting I asked her to clarify what her words were. This is what she said, "What I said at that time was: Groveland Road was built to take more traffic than Knollwood or Red Oak Drive. It is wider; is built up better. It was the place where with this intersection coming in the traffic is going to be coming down Groveland Road. There is no-doubt about the fact that Groveland is going to get more. And that is what I said. I did not say that it should be. I said that this was the logical road of the three. It will get more traffic because it was built, it is constructed at this time to take more traffic. I stand by my memoray of what Councilmember Blanchard said and the paraphrase of it in my flyer. I believe any court of law would find her clarification similar enough to the paraphrase to find NO false statement involved. I am not going to apologize for informing my neighbors that the rumors and there fears were correct and that my reassurances were mistaken. Nor do I consider it a "disservice" to put out that flyer to only part of Groveland as Mayor Linke suggested. I put it out to the part of Groveland that would be most impacted by the clsoing of the Red Oak access. According to the sudy done by the City, if the Red Oak access is closed, the traffic on Groveland will DECREASE when the interchange goes through. However, if the Red Oak access is closed, the traffic on Groveland will INCREASE. However the portion of Groveland south of Sherwood would be least impacted because of vehicles heading over to Red Oak Drive at Ardan and Sherwood to access Highway 10 at the traffic light. Therefore i did not pass out flyers. to resident of Groveland South of Sherwood where Councilmember Blanchard lives. Nor do T consider the closing of the Red oak access a dead issue just because the Mayor elected not to pursue it after his • canvassing of the Council at the work session. Part of this agreement with MNDOT was that the access can be later closed if the council so requests. If Mayor Linke was bold enough to nds View City Council Page Eleven lar Meeting October 28, 1991 Councilmember Rickaby's Statement (cont'd) propose not constructing the access at all, I am sure the issue of closing the access would readily be raised again if the sentiment of future councilmembers indicates that the votes are there to support such a move." REPORT OF MAYOR LINKE: 1) Last Monday night Mayor Linke attended the ribbon cutting of the new Minnesota Fabrics store at Mounds View Square. 2) Mayor Linke also attended the open house for the new cable system office at Irondale High School. Mayor Linke indicated that it is a great facility. 3) Mayor Linke also attended the hanging of a tapestry at the Mounds View Public Library. This tapestry was donated by the Mounds View Friends of the Library and was hung at the library in the children's area. Mayor Linke encourage the residents to stop in and see the tapestry. Mayor Linke congratulated Mounds View High School's Girls and Boys Soccer Teams for making it to the State Quarter Finals. 5) Mayor Linke announced that the Irondale Marching Knights were honored to play at the Metrodome before Game 1 of The World Series Playoffs as part of the pre-game activities. REPORT OF ADMINISTRATOR: Samantha Orduno reminded the general public of the upcoming budget hearings by the city, county and state and encouraged everyone to attend these hearings. REPORT OF STAFF: No report. REPORT OF ATTORNEY: No report Mayor Linke announced that the next Council Work Session would be held on Monday, November 4, 1991 and the next Regular Council Meeting would be held on Tuesday, November 12, 1991. There being no further business before the Council, Mayor Linke adjourned the meeting at 8:05 p.m. espectfully bmitted, is ele Sev rso~~ De ut Clerk P Y Sta�em,Q,,.,+ wg� k� C_ouvnc�imemn6eA✓ oo-kobev -:�s, ng I ap--�" --)-7 �5� ja� o< --e � z.. oP Yl��4-0-I -,o�---f A t7� 'i ,� ,� Ay� lae_-�AA 00 ea-��d A I C i AJO4 d tom _62J s azo w � %� ✓iia.. L Q `fie Z4 ,