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1981-12-29 203 December 29, 1981 SPECIAL MEETING OF THE CITY COUNCIL Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Mound, Hennepin County, Minnesota, was held at 5341Maywood Road in said City on December 29, 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; Police Chief, Bruce Wold; Water Superintendent, Greg Skinner; Secretary, Fran Clark; and the following interested citizens: Joan Wold, Harvey Rader, Buzz Sycks. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the December 22, 1981, Regular Council Meeting were presented for consideration. Swenson moved and Charon seconded a motion to approve the Minutes of December 22, 1981, Regular Council Meeting as submitted. The vote was unanimously in favor. Motion carried. SEWER FEE SCHEDULE The City Manager presented his report and explained the revised rate schedule and income analysis for the Sewer Fund. The present residential minimum rate of S13.00 for 10,000 gallons or less per quarter and $.90 per 1,000 gallons over 10,000 gallons will be increased to $18.00 per quarter for lO,O00gal-lons or less and $1.20 per 1,000 gallons over lO,O00. Commercial accounts will increase from $4.30 per month minimum to $6.00 per month minimum for 3,000 gallons or less and from $.90 to $1.20 per 1,000 gallons over 3,000 gallons. Apartments will increase from $4.30 per month minimum per apartment to $6.00 per month. Partial cause for this increase is Metro's increase of $51,271. over last years bill and a 25% increase is again expected next year. Councilmember Swenson asked if we should tie the sewer rates to inflation instead of our costs. The City Manager stated that every Fall the rates should be reviewed. Councilmember Polston suggested the City look into a Maintenance Management Program for the sewer system. This would be costly initially but would reduce our maintenance costs over a long period of time. With the sewer system less than 20 years old, a maintenance program would be a wise move for the future. Councilmember Swenson asked if the City had to increase rates all at once or could it increase some now and some later if necessary. The City Manager explained that at the end of 1981 the Sewer Fund will be approximately $45,698. in the red. We have to make up the deficit and cover the increase in Metro's charges to the City. 204 December 29, 1981 Councilmember Polston moved and Charon seconded the following resolution. RESOLUTION #81-404 RESOLUTION TO ADOPT THE 1982 SEWER RATE SCHEDULE AS RECOMMENDED BY THE CITY MANAGER The voted was unanimously in favor. Motion carried. CONTINUATION OF PUBLIC HEARING ON PROPOSED ZONING ORDINANCE This is a continuation from December 22, 1981, because two Councilmembers were absent at that meeting and a vote could not be taken that night. The Mayor opened the Public Hearing and asked if anyone was present and wanted to be heard. A time limit of 10 minutes was set for public comments. Harvey Rader was present and asked a question about the differences in the front yard setbacks in Section 1604.5 and 1605.5. The City Manager explained that one deals with lot square footage and one with lot depth. There were no other comments and the Mayor closed the Public Hearing. Councilmember Polston moved and Charon seconded the adoption of the following Ordinance. ORDINANCE #422 ZONING ORDINANCE Roll call vote was four in favor with Councilmember Swenson voting nay. Motion carried. Councilmember Swenson voted nay because what were conforming uses under the Old Zoning Ordinance would authomatically become non-conforming uses after the New Zoning Ordinance is effective. LAW ENFORCEMENT LABOR SERVICES (LELS) CONTRACT FOR 1982 The City Manager explained that the contract being submitted is the product of his and the Police Chief's negotiations with the Police Supervisors and their representatives in 2 separate negotiating sessions. Both the Police Chief and the City Manager feel that the contract has been tightened up in a number of areas that had given the City problems in the past. The Union agreed to the 1982 salary freeze as part of the grievance settlements and every section of that settlement has been integrated into the 1982 Contract. Police Chief Wold was present to answer any questions the Council had on the Contract. Councilmember Swenson asked how mnay men will be on the force when Officer Fisher leaves. Wold answered: 7 patrol officers; 2 supervisors (1 of patrol and 1 of investigation); 1 chief; or a total of 10. The City Manager and the Police Chief went over all the changes in the 1982 Contract. Councilmember Polston moved and Charon seconded the following resolution. RESOLUTION #81-405 RESOLUTION TO ADOPT THE 1982 LELS CONTRACT AS SUBMITTED AND AUTHORIZE THE MAYOR AND THE CITY MANAGER TO SIGN Discussion, by the Council, followed: 205 December 29, 1981 1. Titles of the supervisors. 2. The narrowing salary gap between members of Local 320 (patrolmen) and LELS (supervisors). 3. The State Law stating that patrolmen belong to one union and supervisors another. Councilmember Ulrick asked the Police Chief is the stability and morale ~n the Police Dept. had improved over the last months. The Chief stated unequivocally, yes. The vote on Resolution #81-405 was unanimously in favor. Motion carried. The Mayor thanked Police Chief Wold and the City Manager for their efforts and achievements in the work on this Contract. CITY PROSECUTOR APPOINTMENT The City Manager explained that since the feedback from the Police Dept., the City Council and some citizens was that the City could do better with regard to its criminal prosecution efforts an effort was made to look fora new attorney. Two persons haying the required previous experience and knowledge of the local courts were interviewed by a screening committee consisting of 2 Police Officers, the Police Chief, two Councilmembers and the City Manager. The screening committee has recommended the appointment of Ms. Desyl Peterson, of the firm of Popham, Haik, Schnobrich, Kaufman & Doty, Ltd. She is also the Prosecuting Attorney for the Cities of Orono and Minnetrista. Councilmember Swenson moved and Charon seconded the following resolution. RESOLUTI, ON #81-406 RESOLUTION APPOINTING MS. DESYL PETERSON AS THE CiTY PROSECUTING ATTORNEY EFFECTIVE JANUARY l, 1982. The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked for any comments or suggestions from the citizens present. There were none. 1982 FEE SCHEDULE FOR BUILDING, ZONING AND PLANNING The City Manager went over the proposed new fees with the Council and explained that this is the first increase since 1977 or 1978 and that they needed to be updated to compensate for the staff time used in preparing these permits, inspections, plan review, etc. Councilmember Ulr~ck moved and Swenson seconded the following resolution. RESOLUTION #81-407 RESOLUTION SETTING BUILDING, PLANNING AND ZONING FEES FOR 1982 The vote was unanimously in favor. Motion carried. 206 December 29, 1981 INFORMATION ITEM - FINANCE DIRECTOR The City Manager explained that Ms. Sharon Legg will be starting as the City Finance Director on January 4, 1982. She was, of all the candidates interviewed, the most qualified for this position. He presented her Resume, a job description for this position and an example of her work when she was with the City's auditing firm. ORDINANCE SPLITTING CITY CLERK AND TREASURER POSITION The City Manager explained that in order to appoint a separate person to each of these positions, the City Code Section 5A.O5 must be repealed. Councilmember Polston moved and Ulrick seconded the adoption of the following Ordinance. ORDINANCE #424 AN ORDINANCE REPEALING SECTION 5A.05 OF THE CITY CODE RELATING TO THE CITY CLERK AND CITY TREASURER The vote was unanimously in favor. Motion carried. APPOINTMENT OF THE CITY CLERK AND CITY TREASURER Councilmember Charon moved and Swenson seconded the following resolution. RESOLUTION #81-408 RESOLUTION APPOINTING FRAN CLARK AS CITY CLERK AND JUDITH FISHER AS CITY TREASURER AND AU?~IORIZES THE CHECKS TO BE SIGNED BY THE FINANCE DIRECTOR The vote was unanimously in favor. Motion carried. REPORT ON CITY WELL NO. 5 Greg Skinner, Water Superintendent, was present to explain that Well #5 has been out for quite some time and now Well #7 went out several weeks ago. The City has asked for quotations on repairing Well #7 and has received two: a. Bergerson-Caswell, Inc. at $7,376.44 and b. Stevens Well Drilling Co., Inc. at $6,522.00. A motion was made by Councilmember Polston and seconded by Councilmember Swenson to accept the quote of Stevens Well Drilling in the amount of $6,522.00 to repair Well #7. The vote was unanimously in favor. Motion carried. In regard to Well #5, Greg did not recommend repairing this well as they have done it before and it only lasts a short period of time before going out again due to the iron in the water. Also it is only a 300 gallon per minute (g.p.m.) pump and that is not enough capacity for the Island Park area. The recommendation of the Water Dept. is to drill a new well in Island Park even without a storage area. The City Manager then brought up the fact that the County is now 95% sure that they will not be repairing the Black Lake Bridge in 1982 and the County will not approve the Mound-Spring Park Water Connection and be responsible for disconnecting and re-connecting it when they do perform the repair work. The Council then discussed going ahead with the Spring Park water connection and absorbing the costs of disconnect and re-connect when the County repairs the bridge. They then discussed 207 December 29, 198i drilling a new well to replace Well #5 in Island Park. Since there was an agreement with Spring Park on the Black Lake Bridge Connection, the Council felt they should check with Spring Park and see if they would have any objections to us not hooking up at this time and using the money we would be putting into that connection into drilling a new well in Island Park. The cost in 1980 for a 750 g.p.m, well was approximately $132,000. The City Manager will check with Spring Park for their reaction to our not hooking up the water connection on Cty. Rd. 125. Councilmember Polston moved and Charon seconded the following resolution. RESOLUTION #81-409 RESOLUTION AUTHORIZING THE ENGINEER, EUGENE A. HICKOK ASSOCIATES, TO CHECK ON PLANS AND SPECIFICATIONS FOR DRILLING A NEW WELL IN ISLAND PARK. The vote was unanimously in favor. Motion carried. PARKING PLAN FOR MOUND BAY PARK Police Chief Wold was present and explained that up to this point there were conflicting parking signs in the parking lot at the Park. He has worked out a plan for parking and parking signs and has been in contact with the owner of the Surfside which abuts this property and they have no objections to his proposed parking plan. Councilmember Charon moved and Ulrick seconded the following Ordinance. ORDINANCE #423 AN ORDINANCE AMENDING CHAPTER 46, Section 46.29, Subsection (c), #4 OF THE CITY CODE RELATING TO PARKING IN THE MOUND BAY PARK PARKING LOT The vote was unanimously in favor. Motion carried. PEDESTRIAN SAFETY PLAN FOR DOWNTOWN The Police Chief presented his plans for pedestrian safety in the downtown area. 1. 2. 3. Increased patrol activity in the downtown area to enforce pedestrian safety, contacting both pedestrians and drivers in violation. Possible stationing someone at the mid-block crosswalk to warn pedestrians about the hazards they cause for themselves. Continued press releases to The Laker urging restraint on behalf of both pedestrians and drivers. LEAGUE OF CITIES LEGISLATIVE CONFERENCE The City Manager reported that this is one of the best conferences the League has each year and asked who on the Council is planning on attending. Charon, Polston, Swenson and Lindlan are planning on it for sure and Ulrick will let the City Manager know if he will be attending. WETLAND ORDINANCE DRAFT The City Manager presented the first draft of the Wetlands Ordinance to the Council and asked that they make any recommendations they have to the Wetland Committee. The Council then thanked Phyllis Jessen, Roy O'Donnell Gary Paulson and Margaret Hanson for their work on this draft. 208 December 29, 1981 INFORMATION/MISCELLANEOUS DOWNTOWN STUDY - The Mayor suggested going over the Committee's conclusions at the January 9th Planning Meeting and then setting up a joint meeting with the Committee. The City Manager briefly went over the following information items and provided back-up material for the Council to go over. 1. Hennepin County Dept. of Transportation 1982-1986 Five-Year Capital Improvement Program 2. Information Memo on Actual 1981 Tax Rates for the Council. 3. Do Traffic Signals Ever Become Too Unwarranted? (an article) 4. Notice of Meeting and Agenda for the Minnehaha Creek Watershed District. 5. L.M.C.D Agenda and Minutes. 6. Metropolitan Council Surface Water Management Report. 7. P. K. Enterprises another Toy Company that would like to settle in Mound, if possible. They would need a 30,000 square foot building with room to grow and parking. 8. A letter from Rudy Boschwitz on the I.R.S. and exempt organizations. 9. A letter from V. Callen Smith on the new street lights in Mound. 10. A letter from the Police Chief to Officer Robert Fischer commending him on his excellent patrol and investigation on a particular case. 11. Officer Fischer's resignation that was effective December 26, 1981. 12. A letter from Northwest Hennepin League of Municipalities asking for monetary support in the Hennepin County Redistricting. The majority of the Council did not feel this had any bearing on Mound and therefore did not want to contribute. 13. A Commentary on the State-Local Financial Problem. 14. A notice of an AMM Membership Meeting on December 30, 1981. Swenson moved and Charon seconded a motion to adjourn at 11.15 P.M. The vote was unanimously in favor. Motion carried. lam, City M~anager Fran Clark, City Clerk