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HomeMy WebLinkAboutMinutes - 1991/08/12• CITY OF MOUNDS VIEW CITY COUNCIL AUGUST 12, 1991 7:00 P.M. AGENDA The City Council is provided background _znformation for agenda items in advance by staff and appointed commissions, committees and boards. Decisions are based on this information, as well as City policy and practices, input from constituents and a Councilmember's personal judgement. If you have comments, questions or information regarding an item on the agenda, please step forward to be recognized by the Mayor during the "Residents Requests and Comments From the Floor" item on the agenda. Please state your name and address for the record. All comments are appreciated. A copy of a1Z printed materials relats.ng to the agenda item is available for public inspection at the Recording Secretary's Desk. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL - Rickaby, Wuori, Quick, Blanchard, Linke 4. APPROVAL OF MINUTES: July 22, 1991 Regular Meeting COUNCIL ACTION: A T D 5. SPECIAL ORDER OF BUSINESS: * Approval and Presentation of Resolution No. 4110 Commending the Mounds View Community Theater for the Outstanding 1991 Production of "My Fair Lady" Citizens' comments are encouraged to allow individual citizens to address. the Council, as a whole, on a matter of interest or concern to the citizens. The preservation of the Citizens' Comments item on the agenda is important in order to encourage and maintain this information flow. To preserve and protect this valuable communications link, a speaker is limited to three {3) minutes. • AGENDA PAGE TWO AUGUST 12, 1991 6. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR ------------------------------------------------------------- CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES ------------------------------------------------------------- 7. PUBLIC HEARINGS: None 8. CONSENT AGENDA: 1. Adopt Resolution No. 4108 Authorizing the Opening of an Account with the Portico US Government Money Market Fund 2. Approve Wage Increase for Dale Irving, Cable Technician, Staff Report No. 91-53 3. Adopt Resolution No. 4011 Approving a Salary Increase for Samantha Orduno, City Administrator 4. Set Public Hearing for a Rezoning Request of Conoco, Inc. for 2740 Highway 20 from B-2 to B-3 5. Adopt Resolution No. 4107 Approving Just and Correct Claims Against City Funds 6. Licenses for Approval Restaurant - Expires 6/30/92 Kentucky Fried Chicken Asphalt - Expires 6/30/92 Buck Blacktop, Inc. Mike Muellner Blacktop - New Fence - Expires 6/30/92 Able Fence, Inc. General - Expires 6/30/92 Addition & Remodeling Specialists Gates Roofing - New Midwest Siding - New Countryside Landscaping & Const. - New AGENDA PAGE THREE AUGUST 12, 1991 Heatincr and Air Conditioning - Expires 6/30/92 Midwest Equipment Company - New Air Conditioning Associates Allan Mechanical Sewer/Water - Expires 6/30/92 Marty Bros. Excavating Thomas/Suburban - New Garbage - Expires 6/30/92 Aagard Sanitation - Renewal COUNCIL ACTION: A T D 9. COUNCIL BUSINESS: 1. Consideration of Staff Report No. 91-54C and Resolution No. 4109 Supporting Dynex Industries, 4751 Mustang Drive, As A Ramsey County Household Hazardous Waste Collection Facility COUNCIL ACTION: A T D ` 2. Consideration of Staff Report No. 91-55C and Resolution No. 4106 Regarding Appointing Regional Senior Center Task Force Information provided a~t~.meeting COUNCIL ACTION: A T D 3. Appoint Gerald Kluthe, 7869 Greenwood Drive to the Planning Commission and Richard D. Oman, 8205 Groveland Road and Gary Stevenson, 2847 Ardan Avenue to the Environmental Quality Task Force COUNCIL ACTION: A T D f AGENDA PAGE FOUR AUGUST 12, 1991 4. Authorize Staff to Enter Into An Agreement for a Water System Storage Analysis Study -Proposal Award, Staff Report No. 91-56C COUNCIL ACTION: A T D 5. Consideration of Staff Report No. 91-57C Regarding 1991 Street Maintenance Bid Award COUNCIL ACTION: A T D 6. Consideration of Staff Report No. 91-58C Regarding Bid Award for Standby Generator at Ground Reservoir COUNCIL ACTION: A T D 10. REPORTS: 1. Report of Council.members: Rickaby, Wuori Quick, Blanchard 2. Report of Mayor Linke 3. Report of Administrator ' 4. Report of Staff 5. Report of Attorney 11. ADJOURNMENT NEST REGULAR COUNCIL MEETING: AIIGDST 26, 1991 • a PROCEEDINGS OF Tf~ CTI'Y COUNCII, CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting August 12, 1991 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, August 12, 1991. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was said. ROLL CALL . MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: APPROVAL OF MINUTES: MOTION/SECOND: Councilmembers Quick, Blanchard, Wuori and Mayor Linke. Councilmember Rickaby City Administrator Orduno and City Attorney Barney July 22, 1991 Regular Meeting Quick/Blanchard to approve July 22, 1991 Council Minutes as presented. 4 ayes 0 nays Motion Carried SPECIAL ORDER OF BUSINESS: Mayor Linke read Resolution No. 4110 Commending the Mounds View Community Theater for the Outstanding 1991 Production of "My Fair Lady." MOTION/SECOND: Linke/Quick to adopt Resolution No. 4110 Commending the Mounds View Community Theater for the Outstanding 1991 Production of "My Fair Lady." 4 ayes 0 nays Motion Carried ~unds View City Council gular Meeting August 12, 1991 Page Two Mayor Linke on behalf of the residents and the City Council and staff presented Resolution No. 4110 to, Sally Cameron, Chairman of the Mounds View Community Theater Board, and Frank Silvis a member of the Theater Board, for the.Outstanding Production of "My Fair Lady." Sally Cameron thanked Sharie Linke and Mary Saarion for the never-ending support of Mounds View Community Theater Board; the Council for their support and involvement with the Community Theater and to the community in general for their support and dedication. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR: Alice Frits, 8072 Long Lake Road, requested Council approval to the Lionesses for installation of a sign in close proximity to the Lion's sign. The sign would be of the same size and style as the Lion's sign. Mayor Linke polled the Council to see if they would like to discuss it at this time. The council agreed to discuss it at present. ~scussion followed regarding placement of the sign on the same pole as the ion's sign. Consensus of the Council, after the discussion, was to approve the placement of the Lionesses sign on the'same pole being its the same style as the Lion's sign. Mayor Linke advised Alice Frits to obtain the sign and give him a call. CONSENT AGENDA Samantha Orduno, City Administrator read the Consent Agenda items. Mayor Linke asked the Council if there were any items the Council desired to be removed. Councilmember Blanchard asked that Item 3 be removed. Mayor Linke called for a motion to adopt the Consent Agenda minus Item 3. MOTION/SECOND: Wuori/Blanchard to adopt the Consent Agenda minus Item 3. 4 ayes 0 nays Motion Carried iscussion then proceeded regarding Item 3 Resolution No. 4110, Approving a lary Increase for Samantha Orduno, City Administrator. unds View City Council lar Meeting August 12, 1991 Page Three Councilmember Blanchard asked when the Council began approving contractual salary agreements by resolution and who on the Council authorized the resolution? Mayor Linke stated the resolution is used to ratify the increase and that all issues regarding salaries have been handled this way. City Attorney, Karney stated the resolution is used to state that the individual met his/her performance requirement therefore meriting the increase. Samantha Orduno, City Administrator stated the salary increase is not automatic but is based on satisfactory performance. Councilmember Blanchard felt that paragraph 2, of the resolution should state how many categories were rated above expectations, how many were below, and how many satisfactory points were given. Again, Councilmember Blanchard stated that she had a problem with the resolution with regards to the wording of paragraph 2. ~yor Linke stated the performance review becomes a part of the employees rsonnel file. Councilmember Blanchard proposed a motion approving the salary increase but tabling the resolution until the Council has time to further discuss the Resolution. Mayor Linke stated that tabling the resolution would table everything. Councilmember Blanchard stated that she was okay with the salary increase but not with the 2nd paragraph. City Attorney, Karney stated that the resolution could be adopted without paragraph 2 and the Council would have~the`opportunity to"put' something more or less specific into the file. MOTION/SECOND: Blanchard/Wuori to adopt Resolution 4011 after the removal of paragraph 2. Councilmember Quick stated he did not understand the need. The individual exceeded or met expectations in all categories and, therefore, the salary was adjusted by $1,000. City Attorney, Barney stated that the phrase "satisfactory performance" could not be removed from paragraph 1. ouncilmember Blanchard again stated that one councilmember was not in tendance at the review although she didn't think that it would change .nything, it was the fact that all councilmembers weren't present. ~unds View City Council gular Meeting August 12, 1991 Page Four Councilmember Wuori offered that this item could be discussed at a Work Session. 4 ayes 0 nays Motion Carried This item will be discussed at the next work session. COUNCIL BUSINESS: 1. Mayor Linke introduced Resolution No. 4109 Supporting Dynex Industries, 4751 Mustang Drive, as a Ramsey County Household Hazardous Waste Collection Facility. Samantha Orduno, City Administrator reviewed this item. Dynex approached the City in June regarding their becoming a County Household Hazardous Waste Collection Facility. Orduno explained that staff researched the zoning code to make sure Dynex, as a Hazardous Waste Collection Center, met all requirements of this code. The City sent a letter supporting Dynex to the County stating this fact. On August 5, 1991, the City was contacted by Commissioner McCarty for a resolution of support for Dynex, before the contract for implementation was signed. Tie reason being that some of the County Commissioners felt that Mounds View possibly had overlooked some of the dangers resulting in having a collection facility in the City. Because Mounds View had not passed a resolution, the County Board delayed the implementation of the contract by one week to let the City have a chance to approve a resolution in support of this facility. Orduno introduced Zackary Hanson of the Ramsey County Public Health Department to further inform`the`Council'about°ths" project. Mr. Hanson stated that the State of Minnesota mandated. that Metropolitan Counties have a hazardous waste management plan which included the establishment one collection place in the County. Ramsey County sent out a letter of solicitation which is like a Request for Proposal to private companies in the County. The County negotiated with 3 companies on a one year contract with a one year extension. The facility would have to be able to safely collect, package and transport hazardous waste out of the State for County residence. The County would be responsible for overseeing the program. The County would license Dynex as a hazardous waste generator and would be responsible to inspect the facility. ~unds View City Council gular Meeting August 12, 1991 Page Five Mr. Greg 5t. Clair, General Manager of the Environmental Group at Dynex has stated that Dynex has to comply with household hazardous waste regulatory agencies, the MPCA and the County. He asked the Council if there were any questions. Ramsey County Commissioner Duane McCarty referred to the Dynex Building when it was Electric Equipment Service which had made no mention that they handled hazardous waste. Dynex sent a letter to the City informing them that they handled hazardous waste which was PCB's found in the oil from transformers. Minimal work will be done at the facility. Disposer does not bring the transformers to the facility but to an out-of-state disposal site. McCarty asked if the City understood that county and metro wide collection of hazardous waste is much larger than what Dynex is doing now. • Commissioner McCarty was concerned that the City might want to further review some of the pros and cons regarding this issue such as hold harmless agreements and the fire department reports regarding spills. The County has requested that Dynex do a cross indemnification. The above reason$ are why Commissioner, McCarty asked for the one week delay. Orduno stated the City Planner researched the zoning codes and she called EPA, MPCA and the state fire marshall to see if any of those agencies had any concerns regarding Dynex. It was stated that all felt comfortable that 'Dynex'° had a clear` 'record and a clean bill of health. Orduno stated McCarty brought up some good points. However, if counties networked for collection of household hazardous waste, which is the long range plan, Dynex would still only handle waste on a county-wide basis. If the contract were to be awarded, the city would have to look at hold harmless agreement and further safeguards for the City. Commissioner McCarty stated that Dynex's capabilities were not being called into question but the difference from the current operation and future operation will be dramatically different. Instead of a ten day hold on-site Dynex will be required to store products on site for 90 days if they can't identify it. This unds View City Council ~gular Meeting August 12, 1991 Page Six will be an increased liability for the City. If problems arise Ramsey County will not give them another year. Dennis Sewill President of Dynex stated that he appreciated Commissioner McCarty's issues. Mr Sewill stated that by regulation Dynex has to inform the Fire Chief of what Dynex has stored in the building. The Fire Chief brings tours of firemen in from other Cities. Some material will stay 90 days. The idea is to get a load and keep the materials moving. If the materials received are questionable, Dynex will be able to identify them and store them safely until disposal. It was noted that before materials are received by us they were sitting in someone'$ basement or garage and the advantage of a household hazardous waste facility is that. the materials can be stored safely. The household hazardous wastes that will most frequently be collected in Mounds View will be paints, solvents and pesticides. . Councilmember Blanchard asked when does .the City, County and State get involved in the inspection process? Dennis Sewill, Dynex, further stated that the county will ultimately inspect the facility but that the building is inspected for additions or changes by the City's building inspector. Orduno stated that Dynex will probably be under accelerated inspections. Dennis Sewill, Dynex further stated that the county will regulate the facility on behalf of the-MPCA: "'With the`type"of'household hazardous wastes and the level of expertise and training needed for this type of collection, it would be difficult for the City to maintain inspections in-house. The county would notify the City of when the inspections would be done. The Fire Department will also monitor. and oversee Dynex closely. The City's level of involvement with the inspections would be very slight. Commissioner McCarty stated that the County's inspection department is very enthusiastic and inspections are performed very carefully, diligently and timely. Mr. McCarty understands that Fire Chief Fagerstrom is probably very familiar with Dynex, but is the department equipped for this new stream of waste or does different equipment have to be purchased? unds View City Council gular Meeting August 12, 1991 Page Seven Orduno stated that Fridley has very sophisticated computer equipment in connection with HAZMAT and the city is a part of this program. Commissioner McCarty stated that HAZMAT is not to Level 3 yet. Alice Frits, 8072 Long Lake Road stated that she was very disturbed by the information that she was hearing. The citizens have not been informed and, also, this facility would effect the valuation of their property. Many citizens in the city do not know where Mustang Circle is. This facility is also close to a water tower. Has New Brighton been informed about this? What about those persons in the trailer court? Orduno stated that New Brighton had been informed. Mayor Linke stated the facility is already handling hazardous wastes. The only difference is that the type will change to include household hazardous waste. McCarty again stated that Dynex's involvement was limited to PCB's from transformers. He stated that there should be consent from the community and the community should be knowledgeable regarding these wastes. Mayor Linke called for a motion regarding Resolution No. 4190 Supporting Dynex Industries as a Ramsey County Household Hazardous Waste Collection Facility. Councilmember Blanchard suggested perhaps a public hearing be held before any action is taken. McCarty stated that if it is the Council's desire to have a public informational meeting before'"considering the resolution he would need some type of formal action on behalf of the Council to take to the County Board delaying the contract implementation. Councilmember Wuori stated that it was the County's responsibility to hold public meetings or hearings to inform the public as the licensing agency. McCarty stated that the County has been very open with information about this facility. There have been articles in the newspaper. He also stated the County never goes into another jurisdiction and takes over the show. City Attorney Karney stated he wanted to review the agreements between Dynex and the County to see what protection is there for the City in terms of insurance indemnification. ~unds View City Council gular Meeting August 12, 1991 Page Eight Dennis Sewill, Dynex stated that to put everything into perspective the materials being handled are those very things that you see on the hardware shelves, i.e., pesticides, solvents, paint thinner. Commissioner McCarty stated that there is a specific plan that Dynex must follow with unidentifiable wastes. Councilmember Blanchard asked why if the City had given a letter of support does the County need a resolution? Orduno stated that up until last Monday no request had been received by the City for a resolution. The City was aware that Dynex was being considered as a household hazardous waste facility and that the letter had been the only request from the County. Commissioner McCarty called on August 5th, 1991 and stated that the County wanted something a little stronger and more formal from the Council. Councilmember Quick reflected upon the facts surrounding the. household hazardous waste rally in New Brighton last year at the fire station. Wastes were handled on the property with no special structures constructed to handle the waste. Quick asked if there were any safety features built into the Dynex facility. Dennis Sewill, Dynex, replied that a cement slab has to be constructed where the cars drive up to drop off the materials and a rain/sun shelter has to be constructed over the slab. Zach Hanson, Ramsey County, stated that Dynex has 30 days after signature of the contract to make modifications. Councilmember Quick reiterated that the County wants this facility to protect the environment and residents so people don't dump wastes into the storm sewers. This facility will provide better control of hazardous wastes. Zach Hanson, Ramsey County, stated that the County has trained staff to deal with these wastes and safety issues. MOTION/SECOND: Quick/Wuori to adopt Resolution No. 4109 with the addition of the following: WHEREAS, it is the City's request that the County host, in conjunction with various cities in Ramsey County, public informational meetings on the disposal of household hazardous waste and inform the residents as to how Dynex will handle the collection, storage and disposal of these households hazardous wastes. 4 ayes 0 nays Motion Carried unds View City Council gular Meeting August 12, 1991 Page Nine City Attorney Rarney will obtain copies of indemnification agreements and review them. , Councilmember Quick had a question for Zach Hanson, Ramsey County. Is latex paint going to be banned? Zach Hanson replied that the addition of mercury into latex interior paint will be banned. '~ Mayor Linke commented that he found it hard to believe that materials are not hazardous in hardware stores but become hazardous when in possession of the consumer. Mayor Linke thanked Commissioner McCarty, Zach Hanson and Dynex for their attendance at the Council Meeting. 2. Samantha Orduno, City Administrator reviewed Staff Report No. 91-55C Regarding the Appointments to the Senior Citizens Task Force. The persons interested in being on the Task Force were: Bill Woods, Lulu Coury, Harold Otte and Jerry Skelly, Sr. Orduno stated that it would be nice to have an alternate to this Task Force and perhaps a name would be given before the 26th meeting and the Council could take action on the alternate. MOTION/SECOND: Blanchard Wuori to adopt Resolution No. 4106 Appointing Regional Senior Center Task Force 4 ayes O nays Motion Carried 3. Samantha Orduno, City Administrator, reviewed the applicants for the Planning Commission and Environmental Quality Task Force. MOTION/SECOND: Quick/Blanchard to approve the `appointment of Gary Stevenson to the Planning Commission and Richard Oman and Richard Kleuthe to the Environmental Quality Task Force. 4 ayes 0 nays Motion Carried 4. Samantha Orduno, City Administrator, reviewed Staff Report No. 91-56C Regarding water System Storage Analysis Study Proposal Award MOTION/SECOND: Wuori/Blanchard to authorize staff to enter into an agreement for services with Short-Elliott- Hendrickson to perform an analysis of water storage facilities within the City at a fee not to exceed $4,200. 4 ayes 0 nays Motion Carried F ~unds View City Council gular Meeting August 12, 1991 Page Ten 5. Samantha Orduno, City Administrator, reviewed Staff Report No. 91-57C Regarding Bid Award for 1991 Street Maintenance Project MOTION/SECOND: Quick/Blanchard to approve award of the 1991 Street Maintenance Project to Allied Blacktop in the amount of their bid of $47,051.40 plus a 10~ contingency far a total not to exceed $51,800. 4 ayes 0 nays Motion Carried 6. Samantha Orduno, City Administrator, reviewed Staff Report No. 91-58C regarding Bid Award for Standby Generator Reservoir MOTION/SECOND: Wuori/Linke to award the bid for the generator to Killmer Electric in the amount of their bid of $88,450 with a 10~ contingency for a total of $97,295 4 ayes 0 nays Motion Carried PORT OF COUNCILMEMBERS: Councilmember Wuori: Thanked the Council for the Resolution presented to the Theater Board for "My Fair Lady". Wuori stated it was a lot of hard work but a lot of fun. Councilmember Quick: No report. Councilmember Blanchard: At the Planning Commission Meeting the Commission was very close to completion the Comprehensive Plan and hopefully they could call to '~" order at their next meeting and approve the Plan so the Council may have it for their next Work Session. REPORT OF THE MAYOR: Mayor Linke reported that the weather was good, the Festival was well attended and the parade was fun. REPORT OF ADMINISTRATOR: Phillips 66 is reluctant to grant an easement to the City for Bronson Drive. Phillips Mould be willing to sell the property to the City or have offered to give us the easement if the City would drop the requirement of the 1990 development agreement that Phillips has to provide free ~unds View City Council gular Meeting car drying. Mayor Linke polled the Council and the following is their response: Councilmember Blanchard - No Councilmember Wuori - No Councilmember Quick - It stays. August 12, 1991 Page Eleven Mayor Linke - Road improvement is a benefit to them as well as everyone else. Concurred with the other Councilmembers. Orduno stated that the City could end the street project at the end of their property line if the City does not get the easement. The following meetings will occur: - Ramsey County Study Commission, Room 5, State Office Buildinar at 7:00 p.m., Wednesday Ramsey County League of Local Government Meeting at 7:30 p.m. on August 21, 1991 at Vadnais Heights REPORT OF ATTORNEY: Commented that the City Administrator and he had shopped for an attorney who is familiar with contaminated and Superfund litigation regarding landfills. The recommended attorney is Mr. John Drawn of Frederickson and Byron Law Firm. He noted that specialized attorneys are very expensive. He suggested that perhaps the other cities who did not sign the Consent Decree or join the PRP group may want to share the cost'of an attorney to represent. them on this issue. Orduno stated that at a meeting last week Circle Pines, Andover, Coon Rapids, Blaine, Arden Hills and New Brighton agreed to meet with Mr. Drawn to discuss possible joint defense efforts. ADJOURNMENT There being no further business before the Council, Mayor Linke adjourned the meeting at 8:42 p.m. Respectfully submitted, ich 'e eve on ~~`f Recording Secretary/Deputy Clerk