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HomeMy WebLinkAboutMinutes - 1994/11/14 A • OA/L- R • PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting November 14, 1994 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 CALL TO ORDER The Mounds View City Council was called to order by Mayor Linke at 7: 00 p.m. on Monday, November 14, 1994. PLEDGE OF ALLEGIANCE ROLL CALL MEMBERS PRESENT: Mayor Linke, Councilmembers Wuori, Blanchard, Quick and Trude 4111 MEMBERS ABSENT: None ALSO PRESENT: Samantha Orduno, City Administrator; Tim Cruikshank, Assistant to City Administrator; Paul Harrington, Community Development Coordinator; Mike Ulrich, Director of Public Works; Cathy Bennett, Economic Development Coordinator; Jim Thomson, City Attorney ADDITIONS TO AGENDA: Mayor Linke indicated that he would be removing Item A from the Consent Agenda, to be considered as Item 11E. APPROVAL OF MINUTES: Councilmember Trude noted the following corrections to the October 24, 1994 Regular Council Meeting Minutes: Page 5, line 40, should read, "two articles, one on the pro side and one on the con side. " Page 13, line 33 , should be, "to $1. 05 per one thousand gallons. " Page 14, lines 28 and 29 , should say, "course is a par 32 . " MOTION/SECOND: Trude/Wuori to Approve Regular Council Meeting Minutes from October 24, 1994, as Amended 4111 VOTE: 5 ayes 0 nays Motion Carried Mounds View City Council Page 2 1111 Regular Meeting November 14, 1994 MOTION/SECOND: Trude/Quick to Approve Council Work Session Minutes from November 7, 1994 VOTE: 5 ayes 0 nays Motion Carried MOTION/SECOND: Quick/Blanchard to Approve Election Canvassing Meeting Minutes of November 9, 1994 VOTE: 5 ayes 0 nays Motion Carried ACCEPTANCE OF ADVISORY COMMISSION MINUTES: Environmental Quality Commission Meeting Minutes of May 17, 1994, June 21, 1994, August 16, 1994, and September 20, 1994 Mayor Linke advised that only the Minutes from May 17 could be considered for approval because none of the other minutes had a quorum. Councilmember Wuori noted that the May 17 Minutes stated that a motion was seconded by a member who was absent and requested staff verify the correct name. MOTION/SECOND: Wuori/Quick to Table the Environmental Quality Commission Meeting Minutes of May 17, 1994 • VOTE: 5 ayes 0 nays Motion Carried SPECIAL ORDER OF BUSINESS: Mayor Linke welcomed members of Cub Scout Pack 167, Den 6. CONSENT AGENDA Samantha Orduno, City Administrator, read the Consent Agenda as follows, noting that the date for the Public Hearings should be Tues-day, November 29, 199-4-: - A. Consideration of Resolution No. 4661 Removing Two Members of the Environmental Quality Commission, Staff Report No. 94- 1368C. Removed at the request of Mayor Linke - considered as Item 11E. B. Approve the Purchase of Golf Course Equipment, Staff Report No. 94-1369C C. Approve the Installation of Additional Fencing at the Golf Course, Staff Report No. 94-1370C D. Consideration of Approving Installation of Streetlight across • from 7761/7767 Eastwood Road Property Line, Staff Report No. 94-1371C Mounds View City Council Page 3 4111 Regular Meeting November 14, 1994 E. Consideration of Resolution No. 4657, Approving a Step Adjustment for Tim Fredberg, Maintenance Worker, Staff Report No. 94-1372C F. Set Public Hearing for 7 : 05 p.m. , Tuesday, November 29, 1994 to Consider Request for Conditional Use Permit, Peter McIntyre, Planning Case No. 398-94 G. Set Public Hearing for 7: 10 p.m. , Tuesday, November 29, 1994 to Consider Request for Conditional Use Permit, Dennis Paterson, 8121 Edgewood Drive H. Set Public Hearing for 7: 15 p.m. , Tuesday, November 29, 1994 to Consider Request for a Woodland Alteration Permit, Louis Dawning, Woodale and Longview I Consideration of Resolution No. 4659 Transferring Funds from Franchise Fee Contingency 295-4120-910 to 100-4180-303 for Repairs being made at 7618 Edgewood Drive, Staff Report 94- 1373C J. Consideration of Awarding Contract for Auditing Services for 4111 1994 - 1996, Staff Report No. 94-1374C K. Adopt Resolution No. 4658 Approving Just and Correct Claims Against City Funds L. Licenses for Approval General GLJ Enterprises (Windows Only) - New Sign Twin City Sign Images - New Mayor Linke removed Item A. from the Consent Agenda. Linke also removed Item C. for clarification. The low bid for the additional fencing at the Golf Course was $12, 750; however, in the November 7, 1994 Minutes, $12 ,500 was approved for this item. The amount to be considered at this time is an additional $250. Item A. , Resolution No. 4661 Removing Two Members of the Environmental Quality Commission, was not addressed at this meeting. 4111 Mounds View City Council Page 4 Regular Meeting November 14, 1994 MOTION/SECOND: Linke/Quick to Adopt Item C. for Additional Funds to Low Bid for the Installation of Additional Fencing at the Golf Course VOTE: 5 ayes 0 nays Motion Carried MOTION/SECOND: Wuori/Trude to Adopt the Consent Agenda Minus Items A. and C. VOTE: 5 ayes 0 nays Motion Carried RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR: Jerry Blanchard, 8005 Groveland Road, expressed his gratitude to Mayor Linke and members of the Council for affording him time to be heard. He thanked and congratulated all candidates and remarked that it takes a special personal action to run for any office. Blanchard explained that he moved into his home in 1949 and since that time has served as a member of the Lions for 25 years, Scout 111 Troop for 30 years, Boosters Club, Town Board and Police Commission. He was asked to help incorporate the village and has helped yearly with the Day In The Park Program. Blanchard said that he did all of those things only to serve the public. He referred to the November 8 election in which 1200 residents voted for term limits, which implied that they felt eight years should be enough time to get the job done. Blanchard remarked that he no longer felt good about serving as a member of the community and wished to return the awards he had received from the City. Mayor Linke thanked Blanchard for offering his views. Linke felt that the public was not fully informed on the term limits issue. He cited several political officials who had just been reelected to serve beyond 8 years in the same election that the term limits issue was voted in. Linke, himself, had just been voted in for a fifth term as Mayor. Linke once again thanked Blanchard for his service to the community. PUBLIC HEARINGS: There were no public hearings scheduled for this meeting. • Mounds View City Council Page 5 1111 Regular Meeting November 14, 1994 COUNCIL BUSINESS: A. Consideration of Resolution No. 4660, Approving Hire of Mark Andrescik to Fill Vacant Public Works Maintenance Position Tim Cruikshank, Assistant to City Administrator, explained that during the past month the Staff has gone through the hiring process to fill this vacant position. This process included advertising in the newspaper, screening applications, interviewing applicants, and bringing the recommendation to the City Council for consideration. Mike Ulrich, Director of Public Works, Tim Pittman, City Mechanic, and Cruikshank interviewed 7 of the top qualified candidates out of 43 applicants, then City Administrator Samantha Orduno interviewed the top two candidates. The mutual recommendation to fill this Public Works position was Mark Andrescik. Cruikshank said that Mr. Andrescik has demonstrated that he has met all of the requirements of the position and his work history indicates he can perform the duties and responsibilities of the position. His related work experience is with the cities of Oakdale and Richfield. He has been a Public Works Maintenance Worker for the past 3 years. It is proposed that Andrescik start at 90% of Level C which would be $13 . 00/hour. Upon a satisfactory performance review after 6 months, he would then advance to 95% of Level C, $13 . 65/hour. After 1 year with the City and upon satisfactory performance review, he would advance to Level C, $14.44/hour. It is recommended this hire be contingent upon successful completion of a physical examination and drug test. Reference checks have been completed and are satisfactory. Councilmember Trude asked if this position would be funded the same way it was-previously-with no funds-coming out of-Streets and one-third each out of the Sewer, Water and Surface Water Utility Divisions. Cruikshank affirmed that was correct. MOTION/SECOND: Blanchard/Quick to Adopt Resolution No. 4660 Approving the Hire of Mark Andrescik to Fill Vacant Public Works Maintenance Position. VOTE: 5 ayes - 0 nays Motion Carried B. Consideration of Resolution No. 4662 Authorizing an Energy and Operations Assessment Partnership with Honeywell Mike Ulrich, Director of Public Works, explained that Eric • Froelich, a Honeywell representative, presented a proposal at the November 7, 1994 Council Work Session to conduct a total Mounds View City Council Page 6 4111 Regular Meeting November 14, 1994 facilities audit and explore the possibility of the City of Mounds View entering into a partnership agreement with Honeywell to perform this service. Ulrich introduced Mr. Froelich to explain the proposal. Froelich summarized that the goal of the partnership is to apply state-of-the-art technologies to get the City operating more efficiently. The partnership will be entirely funded from the City's existing budget, therefore making it unnecessary to place additional burden on the taxpayers of this community. The goal of the partnership is to employ retrofit and maintenance strategies within all facilities that will have long-term energy and operational savings effects. Froelich emphasized the positive environmental impact that these partnerships are having. They do result in tangible decreases in the emissions that our local utility companies have to put out. Upon adoption of this resolution, Honeywell will go to work with City Staff to coauthor the solution that will be proposed to the City. Froelich was optimistic that a preliminary proposal could be presented to Council in three to four months. . Froelich asked the Council for consideration of the partnership with Honeywell. Councilmember Trude felt that it was important to clarify that this was drafted as a preliminary plan and Honeywell will be working with Staff to finalize the proposal. Mayor Linke remarked that the only cost to the City at this point is Staff time to work with Honeywell. This partnership would give the City an opportunity to find out where money can be saved. MOTS-0N-/SECOND Blanchard/Trude to Adapt Resolution-No. 4662 Authorizing an Energy and Operations Assessment Partnership with Honeywell Councilmember Quick stated that he would be abstaining from the vote because he is employed by Honeywell Corporation. VOTE: 4 ayes 0 nay 1 abstention (Quick) Motion Carried C. Consideration to Authorize the Transfer of Funds from the Franchise Fee Account to the Snow and Ice Control Account for the Purchase of Deicing Chemicals for the 1994-1995 Total Winter Season • Mike Ulrich, Director of Public Works, explained that at the November 7 Council Work Session Staff discussed the purchase Mounds View City Council Page 7 . Regular Meeting November 14, 1994 of the 1994-1995 deicing chemicals for winter. Since the start of the City's snow and ice removal policy, the budget for deicing chemicals was almost depleted by the end of the year. The City was purchasing chemicals for the November/December season and then purchasing again right after the first of the year. Ulrich cited the harsh winter season last year when the City's vendor ran out of salt, forcing the City to purchase salt from a more costly vendor. Staff is requesting Council to authorize the purchase of deicing chemicals for the 1994-1995 winter season, utilizing $15, 000 from the Franchise Fee Account and transferring it into the Snow and Ice Control Budget which would save the City some handling of materials and possibly many hours of labor. Councilmember Wuori clarified that the deicing chemicals would be purchased for the entire winter season which would overlap from one year into the next. Ulrich stated that there are very low funds remaining in the 1994 Snow and Ice Control Budget. MOTION/SECOND: Quick/Wuori to Authorize the Transfer of Funds from the Franchise Fee Account to the Snow and Ice Control Account for the Purchase of Deicing Chemicals for the Total 1994-1995 Winter Season VOTE: 5 ayes 0 nays Motion Carried D. Discussion Regarding Term Limits Charter Amendments Jim Thomson, City Attorney, explained that approximately two months ago the Charter Commission came forward with a ballot proposition regarding term limits. At that time, the City Council—had to fo-r-mulate the ba-1-lot language and—there_was some discussion as to whether it was appropriate for the City Council to do that in light of the questionable constitutionality of the provision. The Council did vote at that time to put the issue on the ballot. The provision did pass and the question of constitutionality still remains. Under State law, the City Clerk is required to send a certified copy of any Charter Amendments to the Secretary of State and the County Recorder. A lawsuit has commenced, in the meantime, against the City of Minneapolis which elected not to put their Charter Amendment proposition on the ballot. That case is now pending before the Minnesota Supreme Court. The briefing is scheduled for • the first week in January and a date for the oral hearing is expected shortly thereafter. Thomson felt a ruling from the Mounds View City Council Page 8 • Regular Meeting November 14, 1994 Minnesota Supreme Court could be expected within the first three months of 1995. Thomson explained that, because of the uncertainty of the constitutionality of the Mounds View proposition, he prepared a resolution for the Council's consideration to direct the City Clerk not to file a copy of the Charter Amendment with the Secretary of State or the County Recorder under the rationale that the City Council is charged with the orderly administration of justice and to ensure there are no unconstitutional provisions in the City Code or the City Charter. Mayor Linke asked if the Minneapolis lawsuit was based on the constitutionality of term limits or on the right of the City of Minneapolis to keep it off the ballot. Thomson explained that the Minneapolis case started out in Federal Court. The Plaintiffs were claiming that by not putting it on the ballot, they were violating the Plaintiffs' constitutional rights. The Federal District Judge who was handling the case said that before she addresses those • questions, she wanted the Minnesota Supreme Court to address the issue of whether or not the term limits are constitutional. The precise question that the Minnesota Supreme Court has been asked to address is: Would an amendment to the Minneapolis City Charter limiting the terms of local elected officials violate Article 7, Section 6, of the Minnesota Constitution. Linke asked if Minneapolis had asked for any AMICUS briefs from any other organizations. Thomson said he wasn't aware if they had. Thomson_clarified what an AMICUS-brief was-and the-purpose-of it, and noted that this procedure is only allowed at the appellate level, not at the trial level. Linke requested Staff to assign the next available resolution number to this Resolution Directing the City Clerk Not to File Charter Amendment Concerning Term Limits. Linke then read the resolution. Councilmember Trude felt that this resolution would be the least costly action in terms of legal expenses. MOTION/SECOND: Trude/Wuori to Adopt Resolution No. 4663 Directing the City Clerk Not to File Charter Amendment • Concerning Term Limits Mounds View City Council Page 9 • Regular Meeting November 14, 1994 VOTE: 5 ayes 0 nays Motion Carried E. Consideration of Introduction of Ordinance No. 550 Amending the Municipal Code of Mounds View by Repealing Chapter 407, Entitled "Environmental Duality Commission" Mayor Linke presented and read Ordinance 550. MOTION/SECOND: Quick/Wuori to Approve the Introduction of Ordinance No. 550 Amending the Municipal Code of Mounds View by Repealing Chapter 407, Entitled "Environmental Quality Commission" Councilmember Trude questioned the procedures necessary for the introduction of an ordinance. Samantha Orduno explained those procedures. Trude felt that the Environmental Quality Commission's programs were important and was concerned that environmental issues will not be taken care of without the EQC. She stated that she would like the City to issue a work plan to the EQC. Linke noted that the attendance of members of the EQC was not 11110 adequate to make it an effective Commission. He explained that requests for additional members had been made continuously, but were unsuccessful. Trude suggested an alternative to this ordinance would be to stop scheduling meetings until there were seven members and then re-evaluate. Trude recommended to deny the introduction of this ordinance and suspend EQC meetings until they reach a quorum. Linke asked for a vote on the approval of the introduction of Ordinance No. 550. VOTE: 4 ayes 1 nay (Trude) Motion Carried Linke requested Samantha Orduno to inform EQC members of this action. REPORTS 1. Report of Councilmembers: Councilmember Quick: No report. Councilmember Blanchard reported that she had received phone calls from the Mosquito Control Agency and would • suggest they contact staff to request placement on the City Council agenda. Mounds View City Council Page 10 1111 Regular Meeting November 14, 1994 Councilmember Wuori: No report. Councilmember Trude announced that there would be no Charter Commission Meeting Tuesday, November 15, 1994. Trude announced the Girl Scouts in the area are having a spaghetti dinner on Monday, November 21, at the Army Reserve Center on Highway 96 a short distance east of Hamline. There will be crafts and baked items for sale as well. Report of Administrator: a. Samantha Orduno reported that Mounds View had almost a 60% voter turnout for the November 8 election. She remarked that, although it was a good turnout, she would have liked that figure to be higher. Orduno said very few complaints had been received about the waiting period to vote. For approximately 15 minutes, there was up to an hour's wait but the majority of people waited 20 to 45 minutes. Approximately $5,500 was realized in tax S savings by having one voting precinct rather than four. She was proud to offer that Mounds View reported the election results at 9: 35 p.m. Councilmember Wuori said that she had received many complaints about the long wait to vote. Orduno commented that the issue was simple: Are people willing to pay more to wait less. She felt the possibility of child care should be explored for the next election. Councilmember Trude said more voting booths would be helpful. Orduno reported that Mayor Linke was reelected, Councilmembers Trude, Quick and Blanchard will be returning, and Sue Hankner will be replacing Councilmember Wuori. Report of Mayor Linke: No report. Report of Staff: No report. Mayor Linke announced the next Council Meeting is scheduled for Tuesday, November 29, 1994, and the next Council Work Session is scheduled for December 5, 1994 . 1111 Mounds View City Council Page 11 410 Regular Meeting November 14, 1994 ADJOURNMENT: There being no further business before this Council, Mayor Linke adjourned the meeting at 7: 57 p.m. Respectful) submitted, /441 /'udy .� der Recor•ing Secretary TimeSaver Off Site Secretarial 1110 •