1991-11-12 205
November 12, 1991
MINUTES - MOUND CITY COUNCIL - NOVEMBER 12,1991
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, November 12, 1991, in the Council
Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Skip Johnson, Councilmembers Andrea
Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present
were: city Manager Edward J. Shukle, Jr., City Clerk Fran Clark,
Attorney Jim Larson, Police Chief Len Harrell, and the following
interested citizens: Joan & Gary Carlson, Laura Geib, Stephen
Schmidt, Tim & Karen King, Linda Strong, Nancy Anderson, Shane
Hankinson, Brady Flaherty, Dorothy Netka, Annette & John
Flaherty, Lorraine & Jim Harvell, and Traci Riatt.
The Mayor opened the meeting and welcomed the people in
attendance.
The Pledge of Allegiance was recited.
1.0 MINUTES
MOTION made by Jessen, seconded by Jensen to approve the
minutes of the October 22, 1991, Regular Meeting, as
submitted. The vote was unanimously in favor. Motion
carried.
1.1
PUBLIC HEARING: AN ORDINANCE AMENDING SECTION 900:10, SUBD.
I & 2 OF THE CITY CODE RELATING TO MINORS LOITERING & CURFEW
The City Manager reported that in September a Conditional Use
Permit was granted for commercial recreation (teen club) at 2313
Commerce Blvd. At that time the applicant expressed concern that
he might be in violation of the present curfew ordinance if it
were enforced. The City Council reviewed this ordinance at
Committee of the Whole Meetings September 17 and October 15. The
Police Chief and the City Clerk put together several different
options for the Council to consider.
The Police Chief explained that the present ordinance is centered
around time of the year (when school is in session 10:00 P.M. and
during the summer 12:00 midnight). The amendment as proposed
would make our ordinance more consistent with surrounding
communities in that it differentiates between juveniles fourteen
and younger 10:00 P.M. year round and juveniles fifteen, sixteen
and seventeen 12:00 midnight year round.
The Mayor read the proposed amendment and then opened the public
hearing.
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November 12, 1991
A letter opposing the amendment was submitted by the Mound
Westonka High School Parent Communication Network, Mound Westonka
High School Principal's Advisory Board and the Mound Westonka
High School Teachers and Staff. Nancy Anderson was present
representing the above. The following other persons objected to
the ordinance being amended to allow 15, 16 and 17 year olds a
curfew of 12:00 midnight year round: Tim & Karen King, Lorraine
& Jim Harvell, Joan & Gary Carlson, Gene Sumskis, and Shane
Hankinson. The alternate suggestion made by most of the people
objecting was to leave the juveniles 14 and younger at 10:00 P.M.
year round and amend juveniles 15, 16 & 17 years of age to 10:00
P.M. on school nights and 12:00 midnight Friday and Saturday
nights during the school year and 12:00 midnight during the
summer.
The Council discussed the alternate suggestion. The Police Chief
stated that the curfew ordinance is enforced with the officer's
discretion. Annette and John Flaherty stated they had no problem
with the new suggested amendment.
The Mayor closed the public hearing.
MOTION made by Johnson, seconded by Smith to amend the
proposed amendment as follows: leave the juveniles 14 and
younger at 10:00 P.M. year round and amend~juveniles 15, 16
& 17 years of age to 10:00 P.M. on school nights and 12:00
midnight Friday and Saturday nights during the school year
and 12:00 midnight during the summer) This will be brought
back to the Council at the next meeting. The vote was
unanimously in favor. Motion carried.
1.2 SET PUBLIC HEARING
MOTION made by Jensen, seconded by Ahrens to set a public
hearing for November 26, 1991, to consider an amendment to
the Zoning Code, Section 23.625.3 to include a limousine
service as a conditional use in the B-1 Central Business
District and to consider the issuance of a conditional use
permit to allow a limousine service in the B-1 Central
Business District at 5200 Maywood Road. The vote was
unanimously in favor. Motion carried.
1.3 RESOLUTION CALLING FOR THE REPEAL OF THE CHAPTER 207A OF THE
MINNESOTA STATUTES WHICH ESTABLISHED A PRESIDENTIAL PRIMARY
IN THE STATE OF MINNESOTA
The City Clerk presented a proposed resolution asking for the
repeal of M.S. 207A which established the Presidential Primary in
the State of Minnesota. The reasons for the repeal are as
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November 12, 1991
follows:
ao
ce
The statute was initially adopted without legislative
hearings.
The Legislature has not provided reimbursement of local
government costs for conducting the primary. In Mound
it will add approximately $5000.00 to the election
budget.
There were several alternatives that the Legislature
could have adopted, i.e. fund the costs of conducting
this balloting or conduct the balloting by mail with
the Secretary of State's office conducting the
election.
The new League policy recommended for '92 suggests ways in which
the costs can be reduced if the primary is held and calls again
on the legislature to use state and/or political party revenue
sources to fund the primary. If this fails, the League policy
recommendation supports repeal of the Presidential Primary.
There was considerable discussion on the pros and cons of a
presidential primary. The consensus was that the council was not
against holding a presidential primary, but they did not agree
that the local government should have to fund this extra expense
Gary Carlson was present and stated he is in favor of the
presidential primary over the caucus system. Councilmembers
Smith and Ahrens also favored the presidential primary over the
caucus system and did not want to see the presidential primary
repealed.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION %91-166 RESOLUTION CALLING FOR REPEAL OF
PRESIDENTIAL PRIMARY
The vote was 3 in favor with Councilmembers Ahrens and Smith
voting nay. Motion carried.
The city Clerk will report back to the Council on what happens
with this item.
1.4 APPROVAL OF REVISION AND ADDENDUM TO THE PURCHASE AGREEMENT
WITH TURNQUIST PROPERTIES
The City Clerk explained that Mr. Turnquist's attorney has asked
for 2 additional terms in the purchase agreement for the old pump
house site behind Donnie's Restaurant. He has asked that we
provide proper certification on what the State of Minnesota
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November 12, 1991
requires for abandoned wells and that the City will pay any
special assessments that are levied as of the date of closing or
any pending assessments. The Clerk explained that there are no
existing special assessments and no pending assessments. The
well certificate is being obtained from Stevens Well who did the
capping of the well.
MOTION made by Ahrens, seconded by Jensen to authorize the
Mayor and city Manager to initial the changes in the
purchase agreement with Turnquist Properties for the well
site behind Donnie,s Restaurant. The vote was unanimously
in favor. Motion carried.
1.5 SET PUBLIC HEARING
MOTION made by Jessen, seconded by Smith to set December 10,
1991 for a public hearing to consider a conditional use
permit to allow a wholesale operation consisting of mall
order and retail business in the B-1 Central Business
District at 2339 Commerce Blvd. The vote was unanimously in
favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
Mr. Gary Carlson asked what he do to help with the economic
development of the area. Councilmember Smith will speak with him
after the meeting and get him involved in the EDC or one of the
sub-committees.
1.6 LICENSE APPROVAL - NEW APPLICATION FOR CIGARETTE LICENSE AT
R & R BAIT (FORMERLY BOB'S BAIT), 2630 COMMERCE BLVD.
MOTION made by Johnson, seconded by Smith to authorize
issuance of a Cigarette License to R & R Bait (formerly
Bob's Bait), 2630 Commerce Blvd. for the remainder of the
license period - expires February 28, 1994. The vote was
four in favor with Jensen voting nay. Motion carried.
1.7 PAYMENT REQUEST #4 - LA TOUR - 1991 LIFT STATION IMPROVEMENT
- $54,464.22
MOTION made by Ahrens, seconded by Jessen to approve Payment
Request #4 from La Tour for the 1991 Lift Station
Improvement in the amount of $54,464.22, as recommended by
the City Engineer. The vote was unanimously in favor.
Motion carried.
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November 12, 1991
1.8 PAYMENT OF BILLS
MOTION made by Jensen, seconded by Johnson to authorize the
payment of bills as presented on the pre-list in the amount
of $282,054.96, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. Department Head Monthly Reports for October 1991.
B. L.M.C.D. Representative's Monthly Report for October 1991.
C. L.M.C.D. mailings.
De
1992 Proposed Legislative Policies and Priorities to be
discussed at the annual Legislative Action Conference
scheduled for Thursday, November 21, 1991, at the Registry
Hotel. Please review and give any comments to Skip, Fran or
Ed since they will be attending the meeting.
Ee
Notice from St. Paul Bible College that the name of the
college is being changed to "Crown College".
F. Planning Commission Minutes of October 28, 1991.
Ge
Notice from the Government Finance Officer's Association
(GFOA) that our 1990 financial audit qualifies for a
Certificate of Achievement for Excellence in Financial
Reporting. As you know, we have received this award
previously and it is through the efforts of John Norman that
we are able to maintain this important distinction.
Memo from Fran Clark, City Clerk, regarding the discussion
item at the October 22, 1991, Council Meeting dealing with
docks for three abutting properties on Denbigh Road. Due to
state law, we are prohibited from buying or selling all land
which is the property of the state as a result of forfeiture
to the state for nonpayment of taxes which borders on or is
adjacent to meandered lakes and other public waters or
watercourses.
REMINDER: We are closed Monday, November 11, 1991 in
observance of Veteran's Day.
REMINDER: C.O.W. Meeting, Tuesday, November 19, 1991, 7:00
P.M., City Hall. Please bring your copies of the 1992
Proposed Budget for discussion. Also, the C.O.W. may start
a little late due to the annual Christmas Tree Lighting
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November 12, 1991
Ceremony to be held at 6:30 P.M. that evening downtown.
1.9 DECEMBER COUNCIL MEETINGS
The City Manager explained that the second meeting in December
falls on December 24th and asked if the Council would like to
cancel that meeting.
MOTION made by Johnson, seconded by Jessen to cancel the 2nd
Regular Meeting (December 24) in December and the Committee
of the Whole Meeting (December 17). The 1992 Proposed
Budget Hearing will be on December 2, 1991, and the 1st
Regular Meeting in December will be December 10, 1991. The
vote was unanimously in favor. Motion carried.
MOTION made by Jensen, seconded by Jessen to adjo~urn at 9:30
P.M. The vote was unanimously in favor. Motion~arried.
E~w~rd J. s~ukvie,--~Jr., City Ma~nager
Fra'n Clark,-6MC, city Clerk
BILLS November 12, 1991
Batch 1103
Batch 1104
Total Bills
$ 101,147.54
180,907.42
282,054.96