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1981-12-01 185 December l, 1981 REGULAR MEETING OF THE CITY COUNCIL Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota, was held at 5341Maywood Road in said City on December 1, 1981, at 7:30 P.M. Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert Polston, Gordon Swenson and Donald Ulrick. Also present were City Manager, Jon Elam; City Attorney, Curt Pearson; Secretary, Fran Clark; and the following interested citizens: Jack Ostvig, Don Rother, Patzy D-Aviza, Ev Geyen, Inez Geyen, Melvin Boehner, Emily Flaten, Mr. & Mrs. Elmil Fischer, Vina, Fischer, Tim Wise, Mr. & Mrs. Michael Johnson, Bruce Gliem, Bruno Aijala, Wanda Martens, Mr. & Mrs. Joe Gibson, Lyle McKinney, Mr. & Mrs. Melvin Franke, Del Pfeifer, Antoinette Case, Gene Hodge, Duane Norberg, John Beauchamp, Mr. & Mrs. Dick Williams, Mr. & Mrs. Bob Mitchell, Mr. & Mrs. Tod Holmberg, Mr. & Mrs. Gene Hodel, Harrient Moen, Mr. & Mrs. Terrance Olson, Mrs. Robert Kruse, Jim Regan, Tom Huberty, Phillip Hasch, Vernon Davis, N. P. Miller, Mathew Isaak, Lee Mondloh, Robert Derner, Art Andersen, Leonard Benz, Mary Gentes, Louie Manlow, Tom Reese, Marvin Segner, Gary Marquardt, Gerald Williams, Susan Spannaus, Dean Christensen, Tim Shea, Geoff Michael, Martin Carlsen, Ron Gehring. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the November 24, 1981, Special Meeting were presented for consideration. Swenson moved and Polston seconded a motion to approve the Minutes of November 24, 1981, Special Council Meeting as submitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARING - MINNEGASCO FRANCHISE The Mayor explained that the Minnegasco Franchise with the City of Mound is up for renewal on December 31, 1981. The City Council is considering a fee clause to be incorporated in the new 20 year Franchise which could impose a 1 to 4% users tax on the gas used in the City of Mound. The reason for considering this fee or tax is because the City is looking for other'~sources of revenue to replace the federal revenue sharing and the s~a~e funds that have been cut so drastically and compounding the City's already troubled financial position. The City has already laid off 25% of its staff to try and deal with the finance problems. The reaso~r~for the Public Hearing is so the Council can get public input on implementing this fee or tax into the Franchise Agreement wi th Minnegasco.~ The Mayor then introduced David Leat~ rman of Minnegasco and criticised the way Minnegasco has handled the~:~obbying against the proposed fee by sending out letters to not only Mound residents but also Minnetrista residents who would not even be affected by this fee. This, he considered was deparate behavior on th,~ part of Minnegasco since the City published notice of this meeting a~j~d the December 8th meeting as time for residents · to voice their opinio ~ The Mayor stated.,t~1~:at the Council will consider issues onlY on this matter. 186 December 1, 1981 Councilmember Swenson made the following comments: 1. He is opposed to the gas fee or tax because it is regressive and discriminatory and instead feels the City should charge Minnegasco a license fee to do work in the City of Mound. 2. Minnegasco is not concerned about the 25% increase in gas prices that they are implementing soon. 3. Minnegasco is not concerned about the damage they do to our new roads when digging and not repairing the roads or property properly. The Mayor opened the Public Hearing for comments from persons present. He also made note that a petition with 66 names and addresses opposing the franchise fee ordinance had been submitted before the meeting. Also three letters from individuals opposed to the fee were noted and accepted by the Council. Nineteen people present spoke against the franchise fee for the following reasons: 1. It is another form a local sales tax. 2. Because not all people in Mound have gas service only the portion that do would be paying the fee. 3. The ability to pay a tax would be fairer. 4. It would be a real burden for the elderly and those on fixed incomes. 5. This section of the Franchise is enabling legislation and is unfair. 6. They felt other sources of revenue should be investigated. 7. It is discriminatory. 8. A luxury tax would be fairer. 9. The state just lifted the sales tax on fuel for the winter months. 10. The City should hold a referendum vote on this issue before acting. 11. The business community would be paying more and they are trying to do what they can to spruce up the downtown area and don't need another expense. 12. A license fee for Minnegasco to do work would be fairer. Several people present spoke in favor of the section in the agreement for a fee for the following reasons: 1. It is enabling legislation that does not necessarily have to be used but at least the City has an alternate source of revenue if needed. 2. The gas company is lobbying too hard for something they do not even have to contribute to. Swenson moved and Polston seconded a motion not to impose a franchise fee and delete Section 11 from the Franchise Ordinance. Councilmember Ulrick asked to be recognized by the Chair and was. He commented that the City is in a financial crisis. That the Council has a responsibility to keep every option open at this point because we have levied to the limit and the state and federal funds are being cut which is having disastrous affectson the City. This is why he feels the option of a fee should be left in the ordinance. The Mayor asked how the Council felt about closing debate on this issue. The roll call vote was one in favor with Charon, Polston, Lindlan, and Ulrick voting nay. The entire Council thanked the people present for their comments and suggestions and phone calls and letters related to their feelings on the fee. 187 December l, 1981 Councilmember Ulrick asked the Chair to call for the question on the original motion. A roll call vote was unanimously in favor. Motion carried. MOUND COMPREHENSIVE PLAN The City Manager informed the Council that Mound's Comprehensive Plan will be reviewed by the Metropolitan Council on Thursday, December 3, 1981, at 1:30 P.M. This is the general and broad plan that was approved by the Council and submitted to the Metro Council for approval. If approval is given then the City Council has nine months to adopt the entire comprehensive plan. The City Attorney read the Statute defining the comprehensive plan. 'lThe comprehensive municipal plan means a consolidation of policy statements, goals, standards and maps for guiding the physical, social and economic development, both private and public, of a municipality and its environment and may include but is not limited to the following; statements of policy, goals, standards, a land use plan, a community facility plan, a transportation plan and recommendations for plan execution. The comprehensive plan represents a planning agency's recommendation for the future development of the community.I' He stated that a big part of implementing this plan was the adoption of the new Zoning Ordinance. MARY K. WATSON DONATION The City Manager explained that he had received a phone call and follow-up letter and a check for. $125.00 from Lois Arneson of Bellevue, Washington, asking that a picnic table be purchased as a memorial for Mary K. Watson. Ms. Watson was a very active member of the League of Women Voters and has passed away. She had enjoyed many happy hours at the Mound Bay Park and wanted to do something for it. Councilmember Charon moved andSwenson seconded the following resolution. RESOLUTION #81-380 RESOLUTION TO THANK LOIS ARNESON FOR SETTING UP THIS MEMORIAL FOR MARY K. WATSON. The vote was unanimously in favor. Motion carried. BAY POINT APARTMENTS/CONDOMINIUM CONVERSION The City Manager explained that at the November 17, 1981, Council Meeting, the Council asked that he and the City Attorney check into other communities condo/conversion laws. The City Attorney reported that because there is a State Statute entitled Minnesota Condominium the City would be limited in it's ability to pass any conflicting ordinances dealing with condo/conversions. REFUND BUILDING PERMIT - RONALD MANN The City Manager explained that a letter has been received from Ronald Mann requesting a refund on Building Permit #5509, taken out on August 26, 1980, because he has sold the property and does not intend to build upon it~ The amount of the refund request is $949.50 and $10.00 will be deducted for 1 hours time that the Building Inspector has put into the permit. So the refund will be for $939.50. Swenson moved and Charon seconded a motion to refund $939.50 to Ronald Mann for Building Permit #5509 that will not be used. The vote was unanimously in favor. Motion carried. 188 December l, 1981 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked for any comments or suggestions from the citizens present. Gene Hodge - The Council has conducted a fine meeting tonight. The Council has good leadership in Mr. Elam. The crosswalks and sidewalks in downtown Mound should be plowed after a snow. Martin Carlsen - The Police should not race to cutoff pedestrians in the crosswalks. The Council all agreed that they were glad there were comments and said the citizens input is important in their decision making. Compliments were also given to the Mayor, by the Council, on his running of the earlier Minnegasco meeting. PAYMENT OF BILLS Swenson moved and Ulrick seconded a motion to approve the payment of the bills as presented on the pre-list in the amount of $22,653.50, when funds are available. Roll call vote was four in favor with Councilmember Polston abstaining. Motion carried. TRANSFER OF FUNDS Swenson moved and Ulrick seconded a motion to authorize the transfer of certain funds listed on the Bills for December 1, 1981. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS SET DATE FOR PUBLIC HEARING ON NEW ZONING ORDINANCF Charon moved and Swenson seconded the following resolution. RESOLUTION #81-381 RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER ADOPTION OF A NEW ZONING ORDINANCE BE HELD DECEMBER 22, 1981, AT 7:30 P.M. IN THE CITY HALL OF MOUND The vote was unanimously in favor. Motion carried. MTC The City Manager reported that the City has now received a letter from the MTC that they will be removing the heaters in the passenger waiting shelter in Mound and will no longer be responsible for the clean up around the shelter. The removal of the heaters throughout the Twin Cities will save the MTC about $27,000.00 and that is their reason. STREET LIGHTS IN THE DOWNTOWN AREA The City Manager reported that the lights just arrived about a week ago and the downtown area will be done first. The contractor figured they would all be up in that area by December 11, 1981. SIGNAL LIGHT IN DOWNTOWN MOUND The City has sent the resolution on making the signal light a flashing light to the County. Now the County does not really want to do it before they do a study on traffic waiting problems using the regular signal light. They will then switch the light to flashing and do another 189 December 1, 1981 study on traffic waiting using the flashing lights only. DOWNTOWN ADVISORY COMMITTEE The City Manager wanted the Council to note that the next meeting of the DAC would be Wednesday, December 2, 1981, at 7:00 P.M. in the City Hall. The DAC will redefine and refine their long term goals and objectives at this meeting. FINANCIAL UPDATE The City Manager reported that we will just have to wait and see if the Legislature goes into Special Session to deal with the State financial problems before we can deal intelligently with the results of their actions. SEWER RATE STUDY The City Manager reported that the Council will have the sewer rate study next week and to remember that this is not connected to Minnegasco but to the Metro Waste Control charges. NSP' STREET LIGHT POLICY FOR NEW LIGHTS ON COUNTY ROAD 110 The City Engineer has submitted a letter from NSP stating their policy on the fixtures being installed on County Road 110. Their policy reads in part: "The maintenance provided with this service includes replacement of lamps, glassware, photoelectric cells, ballast assemblies, and cleaning. PLANNING MEETING The Mayor suggested that the Council consider having an open special meeting in January of 1982, for the Council to discuss their 1982 goals and direction. Ulrick moved and Swenson seconded a motion to set this special open planning meeting for January 9, 1982, Saturday, in the Conference Room in the Community Services Building, from 8:00 A.M. to 1:00 P.M. with lunch brought in for the Council members. The vote was unanimously in favor. Motion carried. VACATION Councilmember Swenson advised the Council that he would not be at the January 26, 1982, Council Meeting because he would be on vacation. Swenson moved and Charon seconded a motion to adjourn at 10:05 P.M. The vote was unanimously in favor. Motion carried. Fran Clark, Secretary J~E]am, City Manager BILLS .... DECEMBER l, 1981 American Waterworks Assn 43.00 Badger Meter 413.72 Buffalo Bituminous 2,400.00 Burlington Northern 533.33 F.H. Bathke 18.98 Conway Fire & Safety 30.79 Director Property Taxation 58.57 Davies Water Equip 310.56 Dependable Services 33.00 W.W. Grainger 41.54 Wm Hudson 8.34 Independent School Dist 277 16.25 J.B. Distributing 51.84 Ronald Johnson 20.00 Bob Johnson 22.32 M.F.O.A. 27.50 MN Recreation & Park 65.00 MN Federal 7.00 Mound Postmaster 99.96 Mound Super Valu 52.15 Metro Fone Communications 35.40 P.E.R.A. 2,499.34 PHP 4,147.85 Pitney Bowes 143.00 Pitney Bowes Credit 26.00 Reo Raj Kennels 383.00 State Treasurer 1,207.30 Clinton Voorhees 795.50 Widmer Bros. 3,978.92 Weber & Troseth 49.50 Griggs, Cooper 1,O45.99 Johnson Bros. Liquor 1,893.73 Old Peoria 1,338.O1 Ed Phillips & Sons 856.11 TOTAL BILLS 22,653.50 TRANSFERS Street to Imp & Equip Outlay 1,666.66 Park " II II 333.33 Finance ,i ,, ,, 80.17 Elections " " 25.00 Diseased Trees " 176.66 Sewer " " " 375.00 Water " " II 416.67 Cemetery II 11 25.00 Street to Sewer " Water " Parks " Police" Shop & Stores 628.32 " 20.50 " 182.65 " 55.60 " 5O9.87 Liquor to General 1,500.00