1993-02-235].
February 23, 1993
MINUTES - MOUND CITY COUNCIL - FEBRUARY 23v 1993
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, February 23, 1993, 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,
City Attorney Curt Pearson, City Planner Mark Koegler, Building
official Jon Sutherland, Finance Director Gino Businaro, Police
Chief Len Harrell, Sgt. Bill Hudson, Liquor Store Manager Joel
Krumm, Fire Chief Don Bryce and the following interested citizens:
Drew Wilkenson, Jim Fox, Tom Geyen, Peter Meyer, Jim Brunzell, John
Page, Nancy Westlund, Dan Olstead, Steve Smith, Gen Olson, Charles
Nungasser, Katie Fox, Tom Casey, Carl Bennetsen, and Gerald
Shannon.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
1.0 MINUTES
MOTION made by Jensen, seconded by Ahrens to approve the
Minutes of the February 9, 1993, Regular Meeting, as
submitted. The vote was unanimously in favor. Motion
carried.
1.1 PRESENTATION OF CERTIFICATES OF RECOGNITION
The Mayor presented Certificates of Recognition to Brett Niccum and
Murray Sinner, for their efforts in saving the life of a
snowmobiler who went through the ice on Lake Minnetonka in
December.
1.2 RESOLUTION THANKING THE MOUND POLICE RESERVES FOR THEIR WORK
AND ASSISTANCE TO THE MOUND POLICE DEPARTMENT
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #93-30
RESOLUTION THANKING THE MOUND POLICE
RESERVES FOR THEIR WORK ANDASSISTANCE TO
THE MOUND POLICE DEPARTMENT
The Mayor read a resolution thanking the Mound Police Reserves for
their work and assistance to the Mound Police Department. There to
receive the commendation for the Mound Police Reserves were Capt.
James Fox and Lt. Tom Geyen.
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February 23, 1993
PUBLIC HEARING: ZONING
NANAGEMENT ORDINANCE
CODE
MODIFICATIONS/SHORELAND
The City Planner stated that the final draft is in front of the
City Council tonight. The notice of the hearing was re-published
so that it was clear the public hearing was on the Zoning Code
Modifications/Shoreland Management Ordinance.
The Planner stated that the Planning Commission reviewed the
proposed code at the January 25th Meeting and the only item that
came up that could not be agreed upon was the 6 foot sideyard
setback required for accessory buildings. They discussed changing
this to 4 feet, but the Commission was split. The Council decided
not to change the 6 foot sideyard setback for accessory buildings
even though it may cause more variances.
The Mayor opened the public hearing.
Mayor closed the public hearing.
There were no comments. The
The Planner stated that a summary of the Zoning Code Modifications/
Shoreland Management Ordinance will be prepared for publication.
Smith moved and Jensen seconded the following:
ORDINANCE
AN ORDINANCE REGULATING THE USE OF LAND
IN MOUND BY DISTRICTS INCLUDING THE
REGULATIONS OF THE LOCATION, SIZE, USE
AND HEIGHT OF BUILDINGS, THE 2%RRANGENENT
OF BUILDINGS ON LOTS, AND THE DENSITY OF
POPULATION FOR THE PURPOSE OF PROMOTING
THE PUBLIC HEALTH, SAFETY, ORDER,
CONVENIENCE, P. lqD GENERAL WELFARE OF THE
CITIZENS OF MOUND
The vote was unanimously in favor. Motion carried.
The Planner stated that this final copy will now be submitted to
the Dept. of Natural Resources for their review of the Shoreland
Management Ordinance which is incorporated into this document.
L.4 BID AWARD: GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS,
SERIES ~993A
Finance Director, Gino Businaro, introduced Gerald Shannon of
Springsted. Mr. Shannon reported that 13 bids were received on the
General Obligation Tax Increment Refunding Bonds. They are
recommending accepting the bid of FBS (First Bank Systems)
Investment Services, Inc. who had an interest rate of 4.5565%. He
commended the City for the A Rating that was given by Moody's and
Standard & Poors. Accepting this bid will save the City $49,565.09
52
February 23, 1993
in interest. This is a 25% savings.
The City Attorney stated that the proposed resolution will be
revised from $790,000 to $795,000.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION #93-25
RESOLUTION AWARDING THE SALE OF $795,000
GENERAL OBLIGATION TAX INCREF. ENT
REFUNDING BONDSv SERIES ~993A; FIXING
THEIR FOI~ AND SPECIFICATIONS; DIRECTING
THEIR EXECUTION AND DELIVERY; PROVIDING
FOR THEIR PAYHENT; AND PROVIDING FOR THE
DEPOSIT OF THE PROCEEDS THEREOF AND
PROVIDING FOR THE REDEMPTION OF BONDS
REFUNDED THEREBY
The vote was unanimously in favor. Motion carried.
~.5 L993 CONNERCIAL INSURANCE PROGRAM - CARL BENNETSEN, R.L.
YOUNGDANL & ASSOCIATES
Carl Bennetsen, R. L. Youngdahl & Associates, reviewed the proposed
annual plan and premium for the commercial insurance for 1993. It
is a decrease of approximately $5,500 from 1992. The total
estimated premium is $151,254. He stated the City has done a good
job with worker's compensation and therefore is getting about a 21%
credit on its experience rate. The League will continue to carry
all the coverage except the Liquor Liability which is handled by
CNA. The following is a comparison from 1992-93 to 1993-94:
1993-94 1992-93
Property
Business Interruption
8,247 10,095
258 INCLUDED
Crime
Public Employee Dishonesty 1,100
City Clerk & Treasurer Bonds 200
Theft, Disappearance & Destruction 365
Forgery or Alteration 138
1,100
2OO
272
138
General Liability
Errors & Omissions
45,975
5,896
48,011
5,628
Automobile
Liability 13,500
UM/UIM 555
Physical Damage 10,699
13,551
INCLUDED
10,005
53
February 23, 1993
Inland Marine
3,056 3,081
Liquor Liability
7,731 6,575
Fireman's AD&D
300 250
Workers' Compensation
52,234 57,845
TOTAL 151,254 156,751
The City Attorney stated that currently there is litigation that
has been commenced by two litigants against 36 metro municipalities
who are members of a joint powers group testing police officers or
prospective police officers (Mound is not included in that group),
but their is a question about insurance coverage for joint powers
groups. The City Attorney stated that it is being discussed in the
insurance industry because the League of Minnesota Cities has taken
the position that those groups are not covered unless a specific
premium has been paid and a rider has been attached to the each
City policy. Mr. Bennetsen stated that a joint powers is
considered to have their own board, make their own decisions, they
have their own ability to tax, and the ability to issue funding for
whatever projects they determine worthwhile, therefore, the League
feels joint powers should have their own insurance coverage to
protect themselves and any member of their board. Mr. Bennetsen
stated that in talking the Mound's staff, there are no joint powers
agreements at this time. There was discussion as to whether the
L.M.C.D. had their own insurance. Mr. Bennetsen and the Staff will
check on this.
Jensen moved and Smith seconded the following resolution:
RESOLUTION #93-26
RESOLUTION ACCEPTING THE POLICIES,
PRENIUNS AND COMPANIES AS SUBMITTED BY
CARL BENNETSEN, R. L. YOUNGDARL &
ASSOCIATES FOR THE ~993 INSURANCE PROGRAN
The vote was unanimously in favor. Motion carried.
Councilmember Smith asked if the HRA was covered under this
insurance coverage. Mr. Bennetsen answered, yes.
CASE ~93-003: JOHN & JANET PAGE, ~927 LAKESIDE LANE, LOT
BLOCK 1~ BHADYWOOD POINT, PID ~18-117-23 23 0056, VARIANCE
The Building Official explained the request.
Commission recommended approval.
The Planning
Smith moved and Jensen seconded the following resolution:
54
55
February 23, 1993
RESOLUTION #93-27
RESOLUTION TO APPROVE A VARIANCE TO ALLOW
CONSTRUCTION OF ]tN ~DDITION AT 1927
L~KESIDE L~NE, LOT 10, BLOCK 11,
SHADYWOOD POINTv PID #18-117-23 23 0056,
P & Z CASE #93-003
The vote was unanimously in favor. Motion carried.
1.7 1992 DEP~RTMENT HE~D ANNUAL REPORTS
The following Department Heads presented their annual reports to
the City Council: Liquor Store Manager Joel Krumm, Police Chief
Len Harrell. In conjunction with the Police Dept., Sgt. Bill
Hudson reported on the Southwest Metro Drug Task Force.
1.8 LEGISLATIVE UPDATE FROM SENATOR GEN OLSON ~ND REPRESENTATIVE
STEVE SMITH
Representative Steve Smith and Senator Gen Olson gave an update on
what is going on in the State Legislature. They will keep the
Council informed throughout the session which ends in May.
1.7 1992 DEPARTMENT HEAD ANNUAL REPORTS
The following Department Heads presented their annual reports to
the City Council: Building Official John Sutherland and City Clerk
Fran Clark.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
There were none.
1.9 APPROVAL OF LICENSE RENEWALS.
MOTION made by Smith, seconded by Jensen to authorize the
issuance of the following licenses contingent upon all
required forms, insurance, etc., being presented: CIGARETTE LICENSE - HARRISON BAY MOBIL
G~RBAGE HAULERS LICENSE - NITTI S~NITATION/BFI
The vote was unanimously in favor. Motion carried.
1.10 SET PUBLIC HEARING FOR YEAR XIX, COMMUNITY DEVELOPMENT BLOCK
GI~tNT (CDBG) PROGRAM
MOTION made by Ahrens, seconded by Smith to set March 23,
1993, at 7:30 P.M. for a public hearing on the Year XIX,
Community Development Block Grant (CDBG) Program. The vote
was unanimously in favor. Motion carried.
55
February 23, 1993
1.11 APPOZNTMENT OF ASSISTANT WEED ZNSPECTOR
Ahrens moved and Smith seconded the following resolution:
RBSOLU~ION #93-28
RESOLUTION APPOINTING JIM FACKLER THE
ASSISTANT~EED INSPECTOR FOR THE CITY OF
MOUND IN 1993
The vote was unanimously in favor. Motion carried.
1.12 RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR AN
INCENTIVE GI~uNT FOR RECYCLING
Smith moved and Jensen seconded the following resolution:
RESOLUTION #93-29
RESOLUTION AUTHORIZING SUBMITTAL OF AN
APPLICATION FOR AN INCENTIVE GI:~.i~ FOR
RECYCLING
The vote was unanimously in favor. Motion carried.
1.13 SET DATE FOR BID OPENING FOR 1993 SEAL COAT BIDS
MOTION made by Jensen, seconded by Jessen to set April 2,
1993, at 11:00 A.M. for the bid opening for the 1993 Seal Coat
Project. The vote was unanimously in favor. Motion carried.
1.14 PAYMENT OF BILLS
MOTION made by Jessen, seconded by Smith to authorize the
payment of bills as presented on the pre-list in the amount of
$296,119.56, when funds are available. A roll call vote was
unanimously in favor. Motion carried.
ADD-ONS
1.15 TEAL POINTE - TOM CASEY
The City Manager reported that Mr. Casey has submitted a letter
asking that the Park & Open Space Commission review the EAW for
Teal Pointe and provide input. He reported that Mr. Casey
presented this to the POSC and a motion to approve failed on a 3-2
vote. Therefore, he is asking that the Council allow the POSC to
review the EAW.
Mr. Casey stated that he had spoken to Lyndell Skoglund and she
voted against this because she felt the Council should direct the
POSC to review the EAW and provide comments. He felt that because
Outlot B is wetlands it would be appropriate for the POSC to review
the EAW. He stated he would not be a voting member of the POSC on
56
Pebruax'y :23, 1993
this issue because he is representing the residents who would like
to see Teal Pointe preserved as open space.
The Council stated they would welcome comments from the POSC on the
EAW. They suggested that the POSC review the EAW after it is
submitted and give their comments to the Council,' not the City
Planner. The Council discussed the timing of the EAW. The City
Manager reported that the 60 day clock started on February 15,
1993, so the EAW should be completed by April 15, 1993.
The Council asked that the Staff get of blank copy of the EAW form
or the completed one that Minnetrista has on a dredging project
before they decide to ask the POSC to review the Teal Pointe EAW.
It was also suggested that the POSC look at the blank copy of the
EAW. This will be discussed again at the next Council Meeting.
The City Manager stated that the other item in Mr. Casey's letter
is about the possibility of a referendum to purchase Teal Pointe
and other properties. He stated that he has discussed the
mechanics of a referendum with Mr. Casey. Thus Mr. Casey has
prepared a sample petition for the Council's review and comment at
the next Committee of the Whole Meeting. At that time Mr. Casey
and others could come and discuss Teal Pointe and any other
properties they would like to acquire for open space.
The City Attorney stated that the law is as follows:
1. If the Council determines it wants to place a legal
question or legitimate question on the ballot, it can
hold a special election. If an election is held it would
cost about $5,000. The question would be phrased
something like, "Shall the City of Mound be authorized to
issue General Obligation Bonds in X amount of dollars for
the acquisition of park lands? or
2. If the Council determines it does not want to do that,
the electorate can ask to have a question presented.
That would require 20% of the people voting in the last
general election, approximately 1000 to 1100 citizens on
a petition. The citizens could state the question. The
City could help Mr. Casey structure the question as it
would appear on a ballot.
it or the
These are the two choices, either the Council does
Council can let Mr. Casey do Jt.
The Council discussed the 2 options. The Council stated that the
impression they are getting from the general public is that they do
not want to pay, through their taxes, for park land. The City
Attorney stated that the City could work with Mr. Casey to phrase
the question so that it would not end up in an argument if and when
Mr. Casey comes up with 1100 signatures.
57
February 23, 1993
The Council asked if this petition would only be for tha Teal
Pointe parcel? Mr. Casey stated that is one of the things he would
like to discuss with the Council at the Committee of the Whole
Meeting. The Council stated they felt this should be discussed at
a regular meeting, in a public forum. The Council expressed
concern about the staff time costs of getting a petition ready for
circulation. The Council also discussed what dollar amount would
be put on the petition or in the question. The city Attorney
stated that the citizens could put an amount in and if it were not
enough to purchase the property, then it would not be purchased.
But it would be the citizens responsibility to build in whatever
numbers there are that would be sufficient to get the job done.
The City Attorney stated it is not the City's petition, it is their
petition. The Council stated they do not want an ambiguous
question put on the petition. They would like to see a definitive
question.
No action was taken at this time. It was deferred to the next
Council Meeting, limiting discussion at that time to a half hour.
1.16 DISCUSSION ABOUT VFW ON-SALE LIQUOR VIOLATION
The City Attorney stated that there has been a violation of the
City's liquor laws by the VFW. A conviction has been achieved.
The person plead guilty to serving liquor to a minor. The City
Manager, City Attorney and Police Chief met with representatives of
the VFW today to discuss revocation or suspension of their liquor
license. There is a tentative agreement which requires the City
Attorney to draw up a Stipulation. At the next Council Meeting,
the Council will receive a Stipulation of Agreement which will
indicate that the VFW will be closed for 5 days, from March 21,
1993 to March 25, 1993; they will pay a $500 fine to the City to
assist in the City's prosecution costs; there will be a sign on the
door indicating why the VFW is closed; and they have a program they
will be doing with their employees to indicate the seriousness of
selling to minors. They will also have a policy that will be
presented at the next meeting. The City Attorney asked if there
were any questions and if the Council agreed with the negotiated
settlement? The Council agreed. No action taken at this time.
This item will be on the March 9, 1993, Agenda.
INFORMATION/MISCELLanEOUS
A. LMCD Mailings.
Letters from Triax Cablevision RE: - Sun Outages and door to
door solicitation for cable service.
Ce
Letter from Jan Haugen, former Mayor of Shorewood reques~2ing
support for appointment to MWCC. The Council asked that a
58
Do
Fe
He
February 23, 1993
letter be written in support of Jan Haugen.
Monday, March 1, 1993, 6 P.M., city Hall - Economic
Development Commission has scheduled an Appreciation Reception
for the Mayor, City Council, Advisory Commissions and members
of the Mound Visions Team to formally thank the Teams and all
participants for all of their hard work in developing the
Mound Visions Program and specifically, the promotional
packet. Team members will be given copies of the packet at
that time and an update of the project will be given by the
EDC and Staff.
REMINDER: Tuesday, March 2, 1993 - Goal Setting Session for
Mayor and City Council - 6:15 P.M., City Hall. Councilmember
Jessen stated she cannot attend because of a previous
commitment. Councilmember Jensen stated she would like to be
reviewing the goals more than once a year. She suggested
taking a few minutes at the beginning of each COW Meeting to
discuss goals. The Council agreed. The March 2, 1993 Goal
Setting Section was cancelled.
LMC Legislative Conference - Thursday, March 18, 1993, St.
Paul Radisson. If you are interested in attending, please let
Fran know ASAP.
LMCD Lake Area Task Force information on potential boat/
trailer parking spaces in the area of Mound Bay Park. T h e
City Manager reported that last week he, the Mayor and
Councilmember Ahrens met with the LMCD and the DNR about
car/trailer parking spaces within 2,000 feet of Mound Bay
Park. They figure there are about 110 possible car/trailer
spaces, but it is down to about 98 because of some that are
marked no parking. He reported that he has been asked to
check on the feasibility of using the GTE lot. There is also
a model agreement in the packet that each City is being asked
to approve and sign off on with the LMCD indicating that there
are these spaces out there and they are available for car/
trailer parking. They would like to have this agreement
approved in about 60 days. The Manager will be contacting GTE
about their possible 25 spaces. These spaces are included in
the possible 98. It is important that the LMCD be able to
demonstrate that there are 700 parking spaces around the lake
for car/trailer parking so that we don't need to develop more
spaces. No action was taken on this item. It will be brought
back at a future meeting.
Planning Commission Minutes - February 8, 1993.
.Park & Open Space Commission Minutes - February 11, 1993.
59
February 23, 1993
J. Financial report for January 1993 as prepared by Gino
Businaro.
Ko
A memo from Pat O'Connor, Director of Hennepin County Property
Tax and Public Records regarding the increase in tax court
petitions that are being filed.
MOTION made by Smith, seconded by Ahrens to adjourn at 10:45
P.M. The vote was unanimously in favor. Motion carried.
Attest: City-Clerk
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