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1990-12-11 193 December 11, 1990 MINUTES - MOUND CITY COUNCIL - DECEMBER 11, 1990 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, December 11, 1990 in the School District School Board Meeting Room at 5600 Lynwood Blvd., in said City. Those present were: Mayor Steve Smith, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, Attorney Curt Pearson, City Engineer John Cameron, Police Chief Len Harrell, and the following interested citizens: Ken Smith, David and Lorraine Painter, Arlene Gilmore and two citizens from the end of Island View Drive. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. RECYCLOTTO WINNER The Mayor presented $150.00 Westonka Dollars to Arlene Gilmore, 2740 Garden Lane, the latest winner in the Recyclotto drawing. 1.0 MINUTES MOTION made by Jessen, seconded by Jensen to approve the minutes of the November Z?, 1990, Regular Meeting as presented. The vote was unanimously in favor. Motion carried. 1.1 PUBLIC HEARING: PROPOSED AMENDMENT OF YEAR XVI COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The City Manager explained that this amendment will transfer the outstanding balance and all future payments of principal and interest accruing of the economic development loan revolving account to the Downtown Economic Development Program. There have been no loans from the revolving loan account for several years and if this money ($7,500) is not transferred and used it will revert to the Hennepin County Discretionary CDBG Funds. Jensen moved and Ahrens seconded the following resolution: RESOLUTION %90-144 RESOLUTION AMENDING YEAR XVI COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The vote was unanimously in favor. Motion carried. 194 December 11, 1990 1.2 REQUEST TO BE HEARD RE: BITING DOG - LORRAINE PAINTER, 4890 EDGEWATER DRIVE The Police Chief explained the background. A neighbor's dog bit Ms. Painter in January of 1990, the dog was quarantined as required by the ordinance. Mrs. Painter filed a formal complaint for the dog being at large in July. The owners of the dog appeared in court and plead guilty to dog-at-large and were fined. The City Attorney stated that it appears the Police Department has followed the ordinance. Mrs. Painter, 4890 Edgewater Drive, stated she would like the city to declare this dog dangerous. She stated there have been numerous complaints about the dog. She stated the Animal Warden has told her that the laws are not strict enough to control this situation. The Council discussed the situation, a Notice of Potentially Dangerous Dog form that the Animal Warden could issue to the owners of the dog (authorized by MN. Statute Chapter 347.50), and Section 456:55 of the City Code relating to Proceedings for Destruction of Certain Animals. The Police Chief stated that is it his understanding that the Animal Warden does not consider the dog dangerous. The City Attorney explained to the Painter's that they could bring a civil action against the owner of the dog, but they would need evidence that the dog was at large and dangerous. If she just keeps signing complaints of dog at large with the City, the owner could again go to court, plead guilty and pay a fine, and the court would not hear any evidence. The Mayor asked if the owners of the dog were present. No one responded. He then stated he would like to hear their side of the story. MOTION made by Smith, seconded by Johnson to refer this item to the City Attorney to review our current ordinances relating to anlmals, compare with other municipalities and see if Minnesota Statute 347.50 should or could be incorporated into our ordinances. The vote was unanimously in favor. Motion carried. The Mayor would then like the owners of the dog notified and a hearing held on any proposed amendments to our current ordinance. 1.3 195 December 11, 1990 APPROVAL OF AN ORDINANCE REPEALING SECTION 800:30, SUBD. 2, OF THE CITY CODE RELATING TO LENGTH OF TIME IN BUSINESS REQUIREMENT IN LIQUOR LICENSE ORDINANCE The City Clerk explained that there is a requirement in the liquor license ordinance of the current City Code Section 800:30, Subd. 2, which reads as follows: "Time in Business. No license shall be issued to any business until it has been in operation continuously for six months." The City Attorney has drawn up an ordinance to repeal this section because it appears from a practical standpoint that this does not make much sense since it would be impossible for a company that needs a license to operate without a license. Jensen moved and Jessen seconded the following: ORDINANCE #44-1990 AN ORDINANCE REPEALING SECTION 800:30, SUBD. 2 OF THE CITY CODE RELATING TO BUSINESS LICENSES The vote was unanimously in favor. Motion carried. 1.4 RESOLUTION REQUESTING AN INCREASE IN MUNICIPAL STATE AID (M.S.A.) MAINTENANCE FUNDS DUE TO INCREASED MAINTENANCE COSTS ON CITY OF MOUND M.S.A.STREETS Johnson moved and Jensen seconded the following resolution: RESOLUTION #90-145 RESOLUTION REQUESTING AN INCREASE IN M.S.A. MAINTENANCE FUNDS DUE TO INCREASED M~INTENANCE COSTS ON CITY OF MOUND, M.S.A. STREETS The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.5 APPROVAL OF THE 1991 DOCK LOCATION MAP The City Manager explained that the Park & Open Space Commission is recommending approval of the 1991 Dock Location Map with the following changes: delete the following five sites: 30010, 30030, 30270, 50685 and 04020; and add site #02930. 196 December 11, 1990 MOTION made by Jessen, seconded by Smith to approve the 1991 Dock Location Map as recommended by the Park & Open Space Commission, with the changes above. The vote was unanlmously in favor. Motion carried. 1.6 APPROVAL OF 1991 COMMONS DOCK FEES AND FORMS The City Manager explained that the Park & Open Space Commission has recommended approval of the revised dock application forms and the proposed increase in the 1991 dock fees as were approved in the 1991 budget. Two residents from the end of Island View Drive on Class C Commons objected to the increase in dock fees. The City Manager explained that the increase was needed to plan for future maintenance that would need to be done on the Commons. He further explained it is part of a 5 year plan for increases that will end in 1992. This money stays in the Commons Dock fund and is not used for anything other than making that fund self- sustaining. Mayor Smith and Councilmember Ahrens also objected to the increase in the Commons Dock Fees. Johnson moved and Jensen seconded the following resolution: RESOLUTION %90-146 RESOLUTION TO APPROVE THE 1991 DOCK APPLICATION FORMS AND THE 1991 DOCK FEE INCREASE AS RECOMMENDED BY THE PARK AND OPEN SPACE COMMISSION The vote was 3 in favor with Ahrens and Smith voting nay. carried. Motion 1.7 PROPOSED REVISIONS TO DOCK ORDINANCEt CITY CODE SECTION 437 AS RECOMMENDED BY THE PARKS & OPEN SPACE COMMISSION The City Manager explained that these revisions are being recommended by the Park and Open Space Commission with the input of the Dock Inspector, Dell Rudolph. The City Attorney has reviewed the changes and put them into ordinance form. The Council thanked Mr. Rudolph for his contributions to the City of Mound while he was Dock Inspector. Jessen moved and Jensen moved the following: ORDINANCE %45-1990 AN ORDINANCE AMENDING SECTION 437:05, SUBDS. 2t 3, 7~ 8~ 9, AND 10; AMENDING SECTION 437:10, SUBDS. 1, 2, 4, 8, AND 197 December 11, 1990 10; AND AMENDING SECTION 437:15 RELATING TO DOCK LICENSES AND DOCKS ON PUBLIC LANDS The vote was unanimously in favor. Motion carried. 1.8 APPROVAL OF AGREEMENT WITH THE L.M.C.D. AND DNR, RE: IMPLEMENTATION OF SHORELAND RULES AND DEVELOPMENT OF SHOREL~ND MANAGEMENT ORDINANCE The City Manager stated he is recommending the City enter into this agreement and that the City Attorney has reviewed it. Mayor Smith expressed concern signing this agreement and being obligated to adopt a shoreland management ordinance consistent with statewide standards and the Lake Minnetonka Comprehensive Management Plan. The City Attorney pointed out that the City has the ultimate power to adopt an ordinance of their liking and that failure to coordinate with the LMCD will only result in non- payment of eligible costs to the City. The City Manager pointed out that the DNR recognized that Lake Minnetonka is a unique lake and needs different rules than what would be imposed if a standard shoreland ordinance were adopted. The City Manager stated that the first meeting with the LMCD will be tomorrow. The City Planner will also attend. Johnson moved and Jensen seconded the following resolution: RESOLUTION %90-147 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO THE STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES SHORELAND GRANT AGREEMENT IN COOPERATION WITH THE THE L.M.C.D. The vote was unanimously in favor. Motion carried. 1.9 APPLICATION FOR CHARITABLE GAMBLING (NATIONAL MULTIPLE SCEROSIS SOCIETY, NORTH STAR CHAPTER) AT MOUND LANES The City Clerk stated that in the past it has been the practice of the City to send approving resolutions if the organization applying is a local one and directly benefits and contributes to the Mound area, i.e. Lions, Jaycees, etc. MOTION made by Johnson to approve the application for Charitable Gambllng (National Multiple Scerosis Society, North Star Chapter) at Mound Lanes. Motion died for lack of 198 December 11, 1990 a second. MOTION made by Ahrens, seconded by Jensen 'to deny the application for Charitable Gambling (National Multiple Scerosis Society, North Star Chapter) at Mound Lanes. The vote was unanimously in favor. Motion carried. 1.10 PAYMENT OF BILLS MOTION made by Johnson, seconded by Jensen to authorize the payment of bills as presented on the list presented tonight in the amount of $76,393.12, when funds are available. A roll call vote was unanimously in favor. Motion carried. ADD-ON ITEMS 1.11 CHANGE ORDERS - CITY HALL ADDITION & REMODELING The City Manager reviewed the following change orders on the project: CHANGE ORDER #16 - Exhaust fan installed for Room 106 - Police Interview Smoking Room ADD $ 637.80 CHANGE ORDER #20 - 1) Add 1" conduit from old location through walls to new locations in hallway - for low voltage wiring - $ 820.00. 2) Add tamper-proof fluorescent security light at the interview room - $ 304.00. 3) Add motion detector @ garage to control incandescent fixture, so when the doors open - a light will come on - $175.00. TOTAL CHANGE ORDER #20 ADD $ 1,299.00 CHANGE ORDER #24 - Reroute roof drain from existing building - reroute duct work around beam at building connection - new/old. ADD $ 1,407.30 CHANGE ORDER #31 - Opening 310A - Interior wall with door separating the new space and the corridor, electrical receptacles or replacement of existing ceiling lights with new ones. ADD $ 2,593.00 CHANGE ORDER #32 - Replacement of existing gypsum board which had to be removed to install new conduit and piping. Upon inspection of the existing conditions, it was decided that rather than patch a multitude of openings it would be more proficient to remove and replace larger areas of gypsum 199 December 11, 1990 board. ADD $ 1,535.00 CHANGE ORDER #36 - Modifying the hollow metal frames at the entrance. Necessary to accept the existing glass which was to be re-used and to fit the existing conditions. ADD $ 440.00 CHANGE ORDER #44 - Removal of 517 yards of contaminated soil - from the City Hall, to the off-site storage. The City could receive up to 90% reimbursement from the PCA for this clean-up work. ADD $ 6,610.00 CHANGE ORDER #47 - Repaint existing light fixtures on Level 4. ADD $ 490.00 CHANGE ORDER #48 - Install suspended acoustic lay-in ceiling in rooms 201, 202, 203, 204, 205, 311, 312, 313. ADD $ 6,230.00 CHANGE ORDER #53 - Add one (1) - 2 x 4 Fluorescent fixture to Room 105, Demo two (2) existing 1 x 4 Fluorescent fixtures, and re-do wiring as needed. ADD $ 275.00 CHANGE ORDER #55 - Add thermostat covers to prevent unauthorized adjustment of controls. ADD $ 271.00 CHANGE ORDER #56 - Replacement of cabinet demolished by contractor in Room 313 - City and contractor to share cost - and additional new cabinets requested by the City for Room 313. ADD $ 2,514.00 CHANGE ORDER #60 - Extend the landing 2 feet at the southeast exit from the Council Chambers to make it safer. ADD $ 107.00 CHANGE ORDER #62 - Remove and replace 16 stair treads (interior stairways). ADD $ 1,214.00 Councilmember Jensen asked that Change Order #16 be handled separately from the others. The Council agreed. Jensen moved and Jessen seconded the following resolution: RESOLUTION %90-148 RESOLUTION TO APPROVE CHANGE ORDERS %20, 24, 31, 32, 36t 44, 47, 48, 53, 55, 56, 60 AND 62 AS PRESENTED - CITY HALL ADDITION AND REMODELING The vote was unanimously in favor. Motion carried. 200 December 11, 1990 1.12 Johnson moved and Ahrens seconded the following resolution: RESOLUTION #90-149 RESOLUTION TO APPROVE CHANGE ORDER #16, AS PRESENTED - CITY HALL ADDITION AND REMODELING The vote was 4 in favor with Jensen voting nay. Motion carried. The Council asked that a revised contract amount be figured for the next meeting so they can see what the cost is so far. 1.13 PAYMENT REQUEST ~8 - SHINGOBEE BUILDERS - CITY HALL ADDITION & REMODELING The City Engineer recommended approval. MOTION made by Johnson, seconded by Jensen to approve Payment Request #8 from Shingobee Builders for the City Hall Addition and Remodeling, in the amount of $62,779.77. T h e vote was unanimously in favor. Motion carried. 1.14 RESOLUTION OF DENIAL - MELVIN ZUCKMAN, 5012 TUXEDO BLVD. This item was continued to this meeting so that the City Attorney could prepare a resolution of denial for a requested variance and minor subdivision at 5012 Tuxedo Blvd. for Melvin Zuckman. Johnson moved and Ahrens seconded the following resolution: RESOLUTION #90-150 RESOLUTION DENYING THE REQUEST OF MELVIN ZUCKMAN FOR A MINOR SUBDIVISION OF PROPERTY LOCATED AT 5012 TUXEDO BLVD. AND DENYING THE REQUESTED VARIANCE The vote was unanimously in favor. Motion carried. 1.15 CBD PARKING LOT ACQUISITION AND IMPROVEMENTS The City Attorney presented a proposed resolution relating to access to Commerce Blvd. and to calculations regarding parking space square footage on the property Conco is purchasing. It says that the City will continue to use its best efforts to maintain ingress and egress from Commerce Blvd. to the property in the Railroad Addition being sold to Conco, Inc. It also stated that the City agrees that in calculating special assessments for the CBD to cover maintenance and repairs, the City will calculate that for each 325 square feet of improved parking lot according to policies and procedures as established for the CBD, the property owner shall be credited in the formula 201 December 11, 1990 with providing one parking space. Jensen moved and Johnson seconded the following resolution: RESOLUTION #90-151 RESOLUTION RELATING TO ACCESS TO COMMERCE BLVD. AND TO CALCULATIONS REGARDING PARKING The vote was unanimously in favor. Motion carried. The City Attorney explained that.Mr. Mills now has concerns about any future change in the zoning of Lot 5, Block 3 of the Railroad Addition and there is disagreement about the 75 foot easement for Belmont Lane that shows in the proposed plat. Mr. Mills agreed to give a 60 foot easement for Belmont Lane if the City would agree to maintain the railroad crossing at Belmont. The City Attorney presented a letter that he-would like the City Manager to send to Mr. Mills clarifying the City's position on the above items and asking for his cooperation. He also presented a proposed resolution relating the the platting of Railroad Addition and the purchase of land for municipal parking. The Council asked that the letter become a part of the resolution. 1.16 Johnson moved and Jessen seconded the following resolution: RESOLUTION #90-152 RESOLUTION RELATING TO THE PLATTING OF RAILROAD ADDITION AND THE PURCHASE OF LAND FOR MUNICIPAL PARKING The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Department Head Monthly Reports for November 1990. B. L.M.C.D. Representatives Monthly Report for November 1990. C. L.M.C.D. Mailings. D. Planning Commission Minutes of November 26, 1990. E. Parks & Open Space Commission Minutes of November 8, 1990. 202 December 11, 1990 Fe Letter dated November 30, 1990, from the Government Finance Officers Association (GFOA) indicating that our annual financial report for the fiscal year ended December 31, 1989, qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The award is our second. We received our first for the fiscal year ended December 21, 1988. John Norman, Finance Director and our Auditor, Abdo, Abdo & Eick deserve recognition and thanks. We congratulate them on a job well done. The Council congratulated them also. Ge Financial Health Profile for the City of Mound for years ended December 31, 1985 through 1989 as prepared by the Minnesota Office of the State Auditor. Ho REMINDER: Public Hearing on Assessment for CBD Parking Lot Acquisition & Improvements - Tuesday, December 18, 1990, 7:30 P.M. - CITY HALL. REMINDER: Public Hearing - Rezoning & Platting - CBD Area - Tuesday, December 18, 1990, 7:30 P.M. - CITY HALL. Je REMINDER: City Christmas Party, Saturday, December 15, 1990, Mound V.F.W. Ke REMINDER: Joint interviews of candidates for Planning Commission, Parks & Open Space Commission, and Economic Development Commission: Planning Commission - Monday, December 10, 1990, 7:00 P.M. - School District Conference Room. The Planning Commission has two more candidates that will be interviewed on January 14, 1990, 7:00 P.M. - City Hall. Parks & Open Space Commission - Thursday, December 13, 1990, 7:00 P.M. - Mound Depot. Economic Development Commission - Thursday, December 20, 1990, 7:00 A.M. - City Hall. RESUMES FOR THE ABOVE POSITIONS ARE ENCLOSED IN YOUR COUNCIL PACKETS. MOTION made by Jensen, seconded by Smith to adjourn at 10:15 P.M. The vote was unanimous/~%in ~avor., Motion carried. Fran Clark, CMC, City Clerk E~ard J. ~kl~ Jr.~City M~ger BILLS ....... DECEMBER ll, 1990 Harold Dircks Tape council meetings 33.00 Labatt's Spur Nov gasoline 229.60 City of Mound Water bi11-1iq store 15.24 John Ewald BCA school expenses 36.22 Ed Shukle Nov meeting expenses 71.80 Shirley Hawks Meeting expense 3.87 Fran Clark LMC mtg expense 10.56 Mound Fire Relief Assn Dec Fire Relief Pension 5,359.00 Metro Waste Control Dec Sewer Service 21,902.40 NSP Nov street light-elec 5,028.64 Unitog Rental Nov uniform rent 336.09 Wurst, Pearson, Larson Dec Retainer 1,550.00 Paul Henry Mileage 18.70 James Casey Mileage 3.30 Mound Fire Dept Officers 1990 Officers Pay 4,225.00 Mound Fire Dept Nov Salaries,Dri.]ls,Maint 6,851.50 Gerald Babb Nov Fire Marshall salary 258.33 Donald Bryce Nov Chief salary 417.00 Ronald,Marschke Nov Asst Chief salary 200.00 Michael Palm Nov asst marshall salary 100.00 Franck's Trucking Nov liquor freight 441.30 Coca Cola Bottling Nov mix 267.46 Day Distributing Nov beer 4,531.32 East Side Beverage Nov beer 5,826.53 Four Star Bar Supply Nov mix & Misc 124.02 Flaherty's Happy Tyme Nov mix 160.80 Mark VII Nov beer 5,968.24 Pepsi Cola Nov mix 329.88 Pogreba Distributing Nov beer 2,812.65 Ron's Ice Nov ice 123.93 Twin City Home Juice Nov mix 13.74 Thorpe Distributing Nov beer~ 9,143.00 TOTAL BILLS 76,393.12