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.
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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
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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.
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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