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1982-04-13 66 April 13, 1982 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 April 13, 1982 at 7:30 P.M. Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert Polston and Gordon Swenson. Councilmember Ulrick arrived at 8:00 P.M. Also present were: City Manager Jon Elam; Police Chief Bruce Wold; City Prosecutor Desyl Peterson, Water Superintendent Greg Skinner; City Insurance Agent Earl Bailey; Insurance Consultant William Husbands; City Clerk Fran Clark and the following interested citizens: Gary Paulsen, John Wagman, Bob and Margaret Hanson. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The minutes of the regular meeting on April 6, 1982 were presented for consideration. Swenson moved and Charon seconded a motion to approve the minutes of the April 6, 1982 regular meeting as submitted. The vote was unanimously in favor. Motion carried. SEWER BILLS - SENIOR CITIZEN DISCOUNT The City Manager explained that in the past the City has given the senior citizens a discount on their quarterly sewer bill of $1.00 but that since the City raised the sewer rates to $18.00 per quarter the $1.00 discount is hardly worth the time or energy to post and credit it. His recommendation is to increase this discount to $2.00 or $3.00 per quarter. The fund is presently generating enough income to afford this and the discount would really help the senior citizens who are on a fixed income. Swenson moved and Charon seconded the following resolution. RESOLUTION #82-97 RESOLUTION AUTHORIZING A $3.00 DISCOUNT FOR SENIOR CITIZENS ON THEIR QUARTERLY SEWER BILLS The vote was unanimously in favor. Motion carried. SIRENS The City Manager reported that last week during the statewide test of the weather sirens ours did not go off when they were activated. The one at the Fire Station was activated manually but the one on Island Park did not sound then either. The Police Department contacted Mr Elroy Lehn to check this situation out and he found that there was a bad circuit in the phone line between Wayzata and Navarre. N. W. Bell Telephone was notified and has rectified this situation and the sirens are now in working order. The City will have Bruce Wold check on the payments that have been made to Northwestern Bell for the siren when it was not working. Something might be able to be worked out where Bell would give us credit for the months the siren did not work or pay Lehn's bill. Information item. No action taken. 67 April 13, 1982 D.W.I. PROSECUTION The City Manager explained that he has invited Desyl Peterson, City Prosecuting Attorney, to the meeting tonight to give her views on the recent D.W.I. legislation, the new Hennepin County Municipal Court Policy and how they relate to the City's finances. Desyl explained that the new State Law has established that a second DWI in five years would be a gross misdemeanor and that prosecution of that charge would be the responsiblity of the City Attorney in municipal court. Between this law and the Hennepin County Municipal Court Policy,which the judges have adopted,where the first DWI carries a mandatory 2 days in the workhouse the City is looking at more cases going to trial and an expense of $45.00 per day for the workhouse. She has tried asking the judges to at least cover the workhouse costs in fines but is not getting complete cooperation. She would encourage the Council to put some political pressure on the court system making them aware that the City is footing the bill and the fines should be raised. Mr. Elam pointed out that in the first three months of 1982, DWI cases (23) paid $2950.00 Tn fines, but the City's workhouse bill for the same period of time was $4350.00, a City subsidy of $14OO.00. The Council and Ms. Peterson discussed some other aspects of the new Law such as: 1. Implied consent 2. License revocation 3. Plea bargining Councilmember Ulrick arrived at 8:00 P.M. The City Manager will continue to monitor this situation and the costs involved and report back to the Council. Desyl Peterson complimented the Mound Police Department on their professional and cooperative attitude. No action was taken. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Gary Paulsen asked if it had been determined that the City owns the 3 acre site by the old sewer plant? The answer was yes the City owns the site. There were no further comments or suggestions. CITY INSURANCE PROGRAMS - WILLIAM HUSBANDS The City Manager explained that William Husbands was present to go over his report on the City Insurance Programs with the Council. Mr. Husbands stated that insurance coverage should be cost effective and yet cover contingencies. Mr. Husbands explained each coverage and his recommendations which were as follows: INSTITUTIONAL POLICY 1. Building and Contents Coverage - a. To clearly identify the Institutional Policy as being one of All Risk Coverage to the buildings and contents. b. To review the contents coverage for the Liquor Store and determine that $135,000 is either sufficient or needs to be increased. 68 April 13, 1982 c. To make sure the City has no obligations to provide building coverage for the Liquor Store building. d. To increase our coverage to Replacement Cost for the buildings and contents. 2. Loss of Business Earnings Coverage - a. To determine if Extra Expense coverage should not be increased from the present $5,000. 3. Contractors Equipment Coverage - a. To get the Contractors Equipment coverage up to a Replacement Cost basis. 4. Miscellaneous Property Floater Coverage - Policy 1 Recommendations - none. 5. Miscellaneous Property Floater Coverage - Policy 2 a. To have the Radio Equipment insured under the Contractors Equipment portion of the policy. 6. Comprehensive General Liability Coverage a. Review the contract with the Nurse and determine if the City should provide coverage for her under the General Liability and Workers Compensation Policies. b. To have the aggregate coverage removed from the General Liability Policy. 7. Money Orders, Counterfeit Paper Currency and Depositor's Forgery Coverage - Recommendations - None 8. Money and Securities Broad Form Coverage a. A review should be made to verify that the City Hall and the Liquor Store are the only two (2) places that accept money. b. That theses places deposit the daily receipts each and every day. 9. Public Employees Blacket Bond Coverage a. To obtain a policy that will protect the City against a loss of money from the Fireman's Pension Fund. WORKER'S COMPENSATION AND EMPLOYERS LIABILITY POLICY 1. To review our loss history, particularly in the Workers Compensation area, to determine that everything within reason is being done to keep our insurance costs at a minimum internally. BUSINESS AUTO POLICY 1. To have the physical damage coverage on the fire engines and snow plowing equipment on an Agreed Amount which represents Replacement Cost of that equipment. MINNESOTA DRAM LAW LIABILITY POLICY 1. Include the C!ty of Mound as a named insured on the Minnesota Dram Law Liability Policy. 2. Change policy period to comply with the others of 2-1- to 2-1 at next anniversary. PUBLIC OFFICIALS AND EMPLOYEES LIABILITY POLICY 1. This is a Claims Made Policy covering only claims made against the City during the policy period and it should never be changed to an occurrence policy. 69 April 13, 1982 2. A resolution should be passed that enables the City to reimburse the $200 deductible to the employee and/or official if the City wishes to do so. COMMERCIAL UMBRELLA POLICY 1. Include the Minnesota Dram Law Liability Policy as an underlying policy to the Umbrella Policy. 2. Remove the aggregate limit from the Umbrella Policy. Mr. Husbands told the Council to expect an increase in the insurance rates next year if the interest rates come down and the market starts to become more solid. The Council discussed the possiblity of developing a Risk Management Committee as a committment to safety. Responding to Mr. Husbands recommendation under Commercial Umbrella Policy, section l: Ulrick moved and Swenson seconded the following resolution. RESOLUTION #82-98 RESOLUTION AUTHORIZING EARL BAILEY TO IMMEDIATELY BIND INSURANCE COVERAGE WITH INTERSTATE FIRE & CASUALTY BACK TO FEBRUARY I, 1982, FOR AN ADDITIONAL $1.5 MILLION AS AN UMBRELLA TO THE DRAM LAW LIABILITY POLICY The voted was unanimously Tn favor. Motion carried. The Council thanked Mr. Husbands for the intelligent and informative report. Ulrick moved and Charon seconded the following resolution. RESOLUTION #82-99 RESOLUTION AUTHORIZING THE CITY MANAGER TO DEVELOP A WORKMAN'S COMPENSATION STUDY CONTRACT WITH WILLIAM HUSBANDS FOR CONTINUED RISK MANAGEMENT The vote was unanimously in favor. Motion carried. Charon moved and Ulrick seconded a motion authorizing the City Manager to work with the City Insurance Agent Earl Bailey on the recommendations in the Insurance Study done by Mr. William Husbands. The vote was unanimously in favor. Motion carried. MOUND BAY PARK REFRESHMENT STAND The City Manager stated that this matter has been withdrawn from this Agenda and will come up in a future Agenda. WATER METER PROBLEMS Counciimember Polston disqualified hir,~self because the co~'l~pany he works for ~,L..,~,~L~is the ~epresentative for the Neptune meters The City Manager explained that in 1978, 1800 meters were purchased with outside readers from Neptune meters. The Water Dept. still has 500 new meters and readers that have not been installed but out of the 1300 that were installed, at least 250 are out of order. 7O April 13, 1982 Greg Skinner, Water Superintendent, was present and showed the Council the meters and explained that the spring inside the meter in the house keeps breaking and does not send the impluse to the remote outside reader thus the remote does not have the correct gallonage used. Another problem with the Neptune remote readers is that they have several openings and insects get in them and jam the reader so it stops completely. Both of these problems require the Water Dept. to find a time when the residents are at home to have the meter or remote repaired thus the Water Dept. is tied up almost full time repairing meters. It also causes a financial problem for the residents as their meter reading is estimated and the actual water used can be much greater that the estimate. Out failure rate for the Neptune meters exceeds 20%. Neptune has made a proposal to allow the City $16.50 credit for each of the meters that are still new and in the crate toward the purchase of a new system. The only problem with the new system is that all the houses in town are two wire systems and the new system is a three wire system. Thus, all the houses would have to be rewired. Badger Meter has also madea proposal. Their's is on a two wire system. The Water Dept. and the City Manager are recommending the Badger System. Councilmember Ulrick suggested checking with the City Attorney to see if a suit could be instituted to make the manufacturer liable for the meters and the labor involved in installation and repair. The Council agreed this would be worth looking into and directed the City Manager ...... to do so and report back. They also agreed there should be one system throughout the town but they would wait to make a decision on what type until the City Attorney advised on the suit. SHADE TREE REIMBURSEMENT Charon moved and Swenson seconded a motion to approve a shade tree reimbursement for Ed Belmler, 2130 Noble Lane in the amount of $48.00. The voted was unanimously in favor. Motion carried. BILLS Swenson moved and Charon seconded a motion to approve the payment of bills as presented in the amount of $61,422.92, when funds are available. Roll Call vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING - REZONING Swenson moved and Charon seconded the following resolution. RESOLUTION #82-100 RESOLUTION SETTING THE DATE FOR THE PUBLIC HEARING FOR THE CITY PROPERTY NORTH OF THE METRO SEWER PLANT ON WESTEDGE BLVD. REMOVING IT FROM THE R-1 DISTRICT AND ADDING IT TO THE I-1 DISTRICT FOR APRIL 27, 1982 AT 7:30 P.M. The vote was unanimously in favor. Motion carried. 71 April 13, 1982 SPRING CLEAN-UP The City Manager stated that the following bids were received for the hauling of trash for the Spring Clean-Up April 24, 1982. WIDMER BROS. Trucks $36.00 per hour P. O. Box 218 Labor 19.00 per hour Spring Park, MN. Dumping 22.50 per hour WESTONKA SANITATION Mound, MN. Truck & Driver $30.00 per hour Each Helper lO.O0 per hour Dump Charges 15.00 per hour approx. OR $4,800.00 flat fee including dumping charges. Swenson moved and Charon seconded the following resolution. RESOLUTION #82-101 RESOLUTION ACCEPTING THE BID OF WESTONKA SANITATION ON THE PER HOUR RATE The vote was unanimously in favor. Motion carried. L.M.C.D. REPRESENTATIVE The Staff had included in the packet the resolution #81-75 appointing Orval Fenstad as the City of Mound representative to the L.M.C.D. This resolution did not state a time period for this appointment. The Council asked the City Manager to check with the L.M.C.D. and see what their term of appointment is. L.M.C.D. MEETING - APRIL 20, 1982 The City Manager asked that the Councilmembers submit any specific items they would like to see brought up at this meeting with the other cities to him by Monday April 19, 1982. Several members brought up the following subjects: a. Cost effectiveness b. Restructuring c. Duplication of services WESTEDGE-i BLVD. & BOUNDARIES The Mayor stated he has been in contact with Mayor Gen Olson from Minnetrista and they have discussed both Councils appointing on Councilmember and I Staff member to discuss Westedge Blvd. and boundary straightening and then reporting back to the Councils. Councilmembers Polston and Ulrick felt that it should be Staff only discussing the options and then bringing them back to both Councils at.a Joint Meeting. Swenson moved and Charon seconded a motion to appoint the Mayor and the City Manager to get together with Minnetrista's representatives and discuss Westedge Blvd. and boundary straightening and report back to the Council. The vote was unanimously in favor. Motion carried. 72 April 13, 1982 INFORMATION/MISCELLANEOUS The City Manager had included, in the packet, information on the following items: A. COMMENDATION TO OFFICER GARY CAYO - A letter from the Police Chief commendiDg Officer Cayo on his excellent patrol and interview techniques. The Council agreed that more of these should be given to all the Officers on the Police Force for their excellent work. B. METROPOLITAN COUNCIL BULLETIN - Recent Council Actions C. FIRST CENSUS DATA - HENNEPIN COUNTY D. COPY OF CITY OF MOUND DOCK LICENSE FROM THE L.M.C.D. E. AMERICAN LEGION POST 398 GAMBLING REPORT FOR MARCH Fo LETTER FROM MTC ON WAITING SHELTERS - There will be no 1982 Shelter Program because of rising construction and maintenance cOStS. G. MINNEHAHA CREEK WATERSHED DISTRICT ANNUAL REPORT. H. L.M.C.D. FINANCIAL STATEMENT -1981 ANDERSON BUILDING Included in the handouts tonight was a letter from the City Attorney regarding the sale of the Anderson Building. The Council decided to start the meeting on April 27, 1982 at 6:30 P.M. for a work-study discussion on the Anderson Building. FIREMAN'S RELIEF ASSOCIATION The City Manager reported that the Mound Fire Department Relief Association has turned in the 1981Acutarial Valuation and that they would like to meet with the Council on this. Councilmembers Polston and Swenson said they would meet with the Fire Dept. on this subject on Wednesday, April 21, 1982 for discussion. The Relief Association Report will be considered at the next Council Meeting April 27, 1982. Polston moved and Swenson seconded a motion to adjourn at 11:30 P.M. The vote was unanimously in favor. Motion carried. City Manager Fran Clark, City Clerk BILLS .... APRIL 13, 1982 Bryan ~,ock ~roc~ucts Jan Bertrand Ed Behmler Coast to Coast Continental Telephone Computer Election Systems Fran Clark Robert Cheney Dixco Engraving Jon Elam G1 enwood Ing 1 ewood First Natl Bank-Mpls Eugene Hickok & Assoc William E. Husbands (Ins Illies& Sons JABCO (HUD Rehab) Leslie Paper The Laker League of MN Cities Mound Police Dept Mound Fire Dept Wm Mueller & Sons Minn Comm Minn Mining & Mfg MN Park Supervisors Assoc Minnegasco City of Minnetrista MacQueen Equip Marina Auto Supply Navarre Hdwe Natl Fire Protect. Assn N.S.P. Planning & Develop Serv Paper Ca lmenson Brad Roy Specialty Screening Specialty Equip Co. Thurk Bros. Chev Title Ins. Tri State Drilling Village Chevrolet Village Printers Westonka Sanitation R.L. Youngdahl & Assoc Total Bills 13.20 48.OO 107.12 910.32 7OO.OO 13 86 334 O0 9 O0 12 87 42 75 8o oo 578 oo Review) 785 O0 1 ,O76.OO 1,696 88 121 44 201 49 ll 50 45 87 3,715 15 2,244 85 28 5O 220 05 IO OO 1,719 O4 6O.OO 1,000. O0 543.68 1 55. O0 5O. OO 5,482.67 8OO. OO 512.40 166.45 174.50 118.00 446.92 6O.OO 774.73 39. O0 127.75 5O. OO 421.27 25,793.30 The Liquor House 1,238.20 Griggs, Cooper 4,236.70 Johnson Bros. 4,516.52 MN Distillers 767.50 Old Peoria 1,O38.86 Ed Phillips 1,617.88 Bradley Exterminating 19.00 Johnson Paper 276.80 Mound Locksmith 154.30 Real One Acquisition 712.99 Regal Window Clean 10.75 Nels Schernau 7.04 Wallin Heating 27.50 Butch's Bar Supply 164.40 City Club Distrib 2,502.40 Coca COla 193.50 Day Distrib 3,169.20 East Side Bev 3,446.90 Gold Medal Bev 42.90 Home Juice 42.48 Kool Kube Ice 60.00 The Liquor House 3,284.35 Midwest Wine 414.45 A.J. Ogle 2,118.50 Pepsi Cola/7 Up 203.40 Pogreba Distrib 1,927.55 Thorpe Distrib 3,435.55 Total Liquor Bills 35,629.62 GRAND TOTAL--ALL BILLS 61,422.92