1994-12-13December 13, 1994
MINUTES - MOUND CITY COUNCIL - DECEMBER 13, 1994
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
December 13, 1994, in the Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and
Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City
Clerk Fran Clark, City Attorney Curt Pearson, Building Official Jon Sutherland, and the
following interested citizens: Darryl Frederickson, Bob Bittle, Doug & Dana Kraay, and Denis
Bailey.
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 Ahrens to approve the Minutes of the
November 22, 1994, Regular Meeting and the November 29, 1994, Truth in
Taxation/Budget Hearing, as submitted. The vote was unanimously in favor.
Motion carried.
1.1
CASE//94-73: HENNEPIN COUNTY (DENIS BAILEY), 4977 WILqHIRE BLVD.,
(VACANT LOT), LOT 8, BLOCK 18, WYCHWOOD, PID//24-117-24 14 0068,
VARIANCE FOR FENCE HEIGHT.
The Building Official explained the Hennepin County is seeking an after the fact variance for
the height of a fence that was installed on Emerald Lake in August. The fence is installed across
both the County right-of-way and one private property. This public and private land has for
years been used as a fishing site. The Planning Commission recommended denial on a 4 to 1
vote.
Doug Kraay, owner of the property between the County right-of-way and the lake explained that
litter and his liability if persons were injured on his private property prompted him to contact
the County about fencing the area.
Denis Bailey, Hennepin County, agreed that this area is one of the worst problem areas in the
county as far as litter and tresspassing on private property. He stated that the fence is the cost
effective solution to correct these problems. He further stated that he does not know of another
area in Mound that has this unique problem with private property and county right-of-way.
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December 13, 1994
Darryl Frederickson, 2930 Bradford Lane, stated that he has fished this area for years and does
not like it being closed off.
The Council discussed the fact the issue is the fence height not the ability to fish or not fish.
The Building Official stated that the City Planner's recommendation was as follows in part:
"The County's installation of the fence perpendicular to the wall is the least visually obstrusive
of the two fencing options considered. Short of anyone identifying a workable solution to the
litter and trespassing problems, approval of the fence height variance allowing the six foot high
fence seems to be the only viable alternative."
Smith moved and Ahrens seconded the following resolution:
RESOLUTION//94-156
RESOLUTION TO APPROVE A FENCE HEIGHT
VARIANCE TO HENNEPIN COUNTY, 4977
WILSHIRE BLVD., LOT 8, BLOCK 18,
WYCHWOOD, PID//24-117-24 14 0068, P & Z CASE
//94-73
The vote was unanimously in favor. Motion carried.
1.2 RE$OLI. JTION APPROVING THE 1995 FINAL GENERAL FUND BUDGET IN
THE AMOUNT OF $2,418,030; SETTING THE LEVY AT $1.808.130: LESS THE
HOMESTEAD AGRICI)'LTIjRAL CREDIT (HACA) OF $499.460. RESULTING IN
A FINAL CERTIFIED LEVY OF $1,308,670; APPROVING THE OVERALL
BUDGET FOR 1995.
Councilmember Smith moved and Councilmember Jensen seconded the following resolution:
RESOLUTION//94-157
RESOLUTION APPROVING THE 1995 FINAL
GENERAL FUND BUDGET IN THE AMOUNT OF
$2,418,030; SETTING THE LEVY AT $1,808,130;
LESS THE HOMESTEAD AGRICULTURAL CREDIT
(HACA) OF $499,460, RESULTING IN A FINAL
CERTIFIED LEVY OF $1,308,670; APPROVING THE
OVERALL BUDGET FOR 1995
The vote was unanimously in favor. Motion carried.
578
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December 13, 1994
1.3
APPROVAL OF AN ORDINANCE AMENDING SECTION $40:00, SUBD, ~ OF
THE CITY CODE RELATING TO SEWER RATES; AND AMENDING SECTION
540:00.. SUBD. 13, a. & b. OF THE CiTY CODE REI.ATING TO WATER
RATES.
The City Manager explained that when the 1994 Budget was adopted, it was explained that there
would be a 5 % rate increase in water and sewer each year through 1997. This covers the bonds
the bond issue that was approved in 1993 for the water and sewer improvement projects, i.e.
water meter reading equipment, sewer 'lift-station imp~:ovements, and the painting of the
Evergreen Lane Watertower. This amendment is consistent with the !995 Budget that was just
adopted, providing the additional 5% water and sew~er increase.
Ahrens moved and Smith seconded the following:
ORDINANCE g'/2-1994
AN ORDINANCE AMENDING SECTION 540:00,
SUBD. '3 OF THE CITY CODE RELATING TO
SEWER RATES;' AND AMENDING SECTION 540:00,
SUBD. 13, a. & b. OF THE CITY CODE RELATING
TO WATER RATES
Councilmember Jessen asked about the paragraphs in the proposed amendment that refer
to residences not connected to sewer or water, since all residences in Mound are
supposed be connected to both. The City Manager stated that the two paragraphs in
questi°n probably refer to separate, agreements with residents of Minnetrista that are
being provided either sewer or water. He will check on this and report back.
The vote Was unanimously in favor. MotiOn carried.
MOTION made by Johnson, seconded by Smith to direct Staff to investigate the two
paragraphs in the ordinance that were questioned. The vote was unanimously in
favor. Motion'carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.4
APPROVAL OF PAYMENT REQUEST //5 AND CHANGE ORDER //1 TO
SCHLUMBERGER INDUSTRIES IN THE AMOUNT OF $73,205.59 - WATER
METER READING PROJECT.
This item was removed from the Agenda, at this time, because the proper paperwork has not
been received by the City Engineer.
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December 13, 1994
1.5
REOUFST FOR TEMPORARy ON-SALE NONINTOXICATING.MALT LIOUOR
PERMIT FROM NORTHWEST TONKA LIONS FOR WINTERFEST - MOUND
BAY PARK - JANUARY 13. 14 & 15. 1995.
Mr. Bob Bittle, Northwest Tonka Lions, was present and explained the Westonka Winterfest
Event to the Council. The purposes of this event are to raise money for the Lions Park in
Minnetrista and to promote community participation. It will consist of a North Star Sled Dog
Association sanctioned sled dog race and a number of other winter events, i.e. ice diving,
Jaycees softball, public ice skating area. The Lions are anticipating up to 100 participants in
the sled dog race, heated refreshment tent. COmmunity Services is considering a dance for this
weekend. The Council previously approved a Public Gathering Permit for this event. Mr. Bittle
stated they are asking to be allowed to have the sled dogs in the park as well as the vehicles that
transport the dogs. Mr. Bittle stated that they have met with the Police Chief on parking and
traffic uses. The' Lions have aready lined up parking thrOugh the schools and will provide
shuttle buses from the parking lots to Mound Bay Park.
Mr. Bittle assured the Council that the dog owners are responsible and would clean-up the area
of the park where the dogs are housed..
MOTION made by Ahrens, seconded the Jessen to approve a Nonintoxiating Malt
Liquor Permit to the N.W. Tonka Lions for Westonka Winterfest to be held at
Mound Bay Park, January 13, 14, & 15, 1995. The vote was unanimously in favor.
Motion carried.
1.6
APPROVAL OF AN ORDINANCE AMENDING SECTION 520 OF THE CITY
CODE RELATING TO THE FEE SCHEDULE FOR PROCESSING FIRE
SUPPRESSION PERMITS.
The Building Official explained that the existing fee schedule is out of date and does not cover
the cost of administration of issuing permits for fire protection systems. The proposed change
is to have fire suppression permit fees charged the same as building permit fees, which are based
on the value of the work. They are also proposing some minor changes to the format of Section
520 to better clarify the Subdivision number of each section. There is also a modification for
the Surcharge subdivision which will just reference the Statute number.
Smith moved and Jessen seconded the following:
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December 13, 1994
ORDINANCE g'/3-1994
AN ORDINANCE AMENDING SECTION 520 OF THE
CITY CODE RELATING TO THE FEE SCHEDULE
FOR PROCESSING FIRE SUPPRESSION PERMITS;
THE REFORMATTING OF SUBDIVISION
NUMBERS; AND CLARIFICATION OF THE
SUBDIVSION ENTITLED "SURCHARGES"
The vote was unanimously in favor. Motion carried.
1.7 PAYMENT OF BILLS
MOTION made by Johnson, seconded by Smith to authorize the payment of bills as
presented on the pre-list in the amount of $405,737.64, when funds are available.
A roll call vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS:
A. Department Head Monthly Reports for November 1994.
Tom Reese, LMCD Representative, indicated that the LMCD did not meet in November
and, therefore, has no monthly report.
C. LMCD Mailings.
Do
Councilmember Jensen had asked the Finance Director, Gino Businaro, to find out the
breakdown of the special districts tax categories pursuant to the Truth in Taxation
Hearing. Enclosed is that breakdown assuming a $100,000 residential property in the
City of Mound.
Memo from Len Harrell, Police Chief, to Officer Troy Denneson, regarding his recent
involvement in the delivery of a baby along with Dan Grady of the Mound Fire
Department.
Hennepin County has sent out a list of member-at-large appointments to the County's
various boards and commissions. Also included are announcements for terms expiring
12/31/94.
F. REMINDERS:
Annual Christmas Party, Friday, December 9, 1994, American Legion.
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December 13, 1994
Christmas Holidays are 1/2 day on December 23, (noon closing) and all day
December 26.
No City Council Meeting December 27, 1994.
New Year's Holidays are 1/2 day on December 30 (noon closing) and all day
January 2.
EXECUTFOg SESSION
The Council went into Executive Session at 8:30 to discuss pending litigation. The Council
returned from Executive Session at 8:50 P.M.
pIPER INVF_~TMF~NT LITIGATION
The City Attorney stated that the City has now negotiated to retain the services of Jerome S.
Rice to deal with the Piper Investment litigation. The City Options are being reviewed and there
were will continuing reports in the future as recommendations are made from the lawyers.
DAKOTA RAIL LITIGATION
The City Attorney explained that the firm representing the City, Best & Flanagan, has presented
a settlement that has been agreed to by all parties in the Dakota Rail litigation. If this settlement
is approved tonight, everything will be finished Thursday of this week. The City will settle the
lawsuit based on the award of the Condemnation Commissioners, in the amount of $429,000 for
the property. The balance remaining due, which has not been paid, is $102,514 and there is
$12,000 in interest that has accrued on this money.
The recommendation from Best & Flanagan is that the Council approve the settlement and
authorize the payment of $114,514 to resolve and finalize the litigation with Dakota Rail.
MOTION made by Johnson, seconded by Smith to accept the recommendation from
Best & Flanagan.and approve the settlement and authorize the payment of $114,514
to resolve and f'malize the litigation with Dakota Rail, upon receipt of releases and
complete and f'mal settlement. The vote was unanimously in favor. Motion carried.
MOTION made by Smith, seconded by Johnson to adjourn at 9:00 P.M. The vote
was unanimously in favor. Motion carried.
Attest: City Clerk
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BILLS
.December 13, 1994
BATCH 4113
$299,012.94
BATCH 4114
TOTAL BILLS
106,724.70
$405,737.64