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1984-01-176 January 17. 198 REGULAR MEETING OF THE CITY COUNCIL The City Council of Mound, Hennepin County. Minnesota. met in regular session on January 17. 1984, at 7:30 P.M. in the Council Chambers at 5341 Maywood Road. Those present were: Mayor Bob Polston, Councilmembers Pinky Charon, Phyllis Jessen., Gary Paulsen and Russ Peterson. Also present were: City Manager Jon Elam, City Attorney Curt Pearson, City Clerk Fran Clark. Building Inspector Jan Bertrand, Insurance Consultant Bill Husbands and the following interested citizens: Larry Connolly. Robert Tomalka, Mr. & Mrs. Leo Clifford, John Bill, Dean Fleming, Mr. & Mrs. Jom Betlach, Lou Derne, Ralph Derner, Richard Derner, Stan D.rahos, Duane Leisinger,' Mr. & Mrs. Ned Podany. Roger Reed, Jim Preisler. Mayor Po~lston opened the meeting and welcomed the people in attendance. MINUTES The-M,.nutes of the January 3, 1984, Regular Meeting were presented for consideration. Councilmember Peterson noted some typographical errors that should be corrected. Paulsen moved and Peterson seconded a motion to approve the Minutes of the January 3, 1984 Regular Meeting as corrected. The vote was unanimously in favor. PUBLIC HEARING: VACATION OF PART OF LAGOON PARK THE HIGHLANDS - NED PODANY Roger Reed, representing Mr. Podany. explained that this vacation is being requested to allow Mr. Podany to construct a double garage meeting the setback requirements of the City and to give the City an easement across his property for legal access to Lagoon Park. He gave some of the background information that led to asking for a vacation. The City Manager stated that the Park Commission recommended approval of the proposed concept of a land exchange in August of 1981, and the present Park Commission reaffirmed this recommendation in September, .1983. The Mayor opened the public hearing and asked for any comments for or against the .proposed vacation. JOHN BILL - 3135 Priest Lane - asked if the access to the park would be only a walking path. The City Manager stated that it would only be for foot traffic, no trailers or boats, etc. 7 January 17~ 1984 Mr. Bill then stated that several years ago he had inquired about purchasing Lagoon Park so that it could be maintained by the neighborhood. Mr. Elam stated that the City cannot sell park property and it would have to be a vacation. Councilmember Jessen read part of Minn. Statute 412.851 regarding the procedure for vacations. LEO CLIFFORD - 3185 Priest Lane - objected to the vacation and stated that when he was building his home he offered to fence off the lagoon so childrens would not fall in and the Council denied that request. BOB TOMALKA - 3165 Priest Lane - asked Councilmember Jessen to reread a portion of the Statute on vacations dealing withthe public interest. Councilmem- ber Jessen read the following: ".....No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice." Mr. Tomalka then stated that he felt this vacation would be for Mr. Podany's personal gain and should not be granted. The City Attorney stated that the developer dedicated this park land to the City and that the City holds it in trust. JIM BETLACH - 6189 Sinclair - stated that there is no parking area for the park except on Sinclair and they already have parking problems so they don't need more cars trying to find a parking place for this park. KAREN PODANY - 6165 Sinclair - stated there is only one dock in Lagoon Park so that cannot cause great parking problems. DUANE LEISINGER - 5917 Ridgewood Road - suggested that the City provide an access across the swamp by using a system similar to the ones used in the wetlands of Carver Park instead of vacating part of the park for access. LEO CLIFFORD - stated he did not want a public. walkway because kids would start using the area at night and it would cause policing problems. JIM BETLACH - stated that the dock that was down there the last two years has created parking problems on Sinclair and he would like to see the dock 8 January 17. 1984 eliminated all together. The Mayor closed the public hearing. The Council discussed the various problems: parking; the dock; the access. Polston moved and Paulsen seconded a motion to deny the vacation of a part of Lagoon Park because the park is, a public trust and it is not in the public interest to vacate. Also it would set a precedence if the park were vacated. The vote was four in favor with Councilmember Jessen voting nay. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS The Mayor opened the public hearing and asked if anyone on the delinquent utility bill list wished to speak to the Council about their bill. No one replied. The Mayor closed the public hearing.• Paulsen moved and Peterson seconded the following resolution: RESOLUTION X84-11 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF ~4.303.~5 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE FOR THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. 1984 CITY INSURANCE PACKAGE Insurance Consultant Bill Husbands was present and explained that the reason Earl Bailey was not there was because of an emergency in his family. He pointed out that the City has received the following quotations for the 1984 insurance package: THE HOME IDEAL .MISSION 1983 1984 LEAGUE PENCO/HARTFORD Prop. & I.M. 19.490. 6.141 6.954 2.908 Gen. Lia. Incl. 5142 5.911 8.057 Crime Incl. 2.584 1.115 1814 Auto 10.516 8.619 9.557 9.469 Liquor 2.355 1 439 1439 Incl. Pub. Off. 1 833 684 2.359 684 Law. Enf. N/A 1 550 9.550 1.550 E.M.T. N/A N/A 502 Incl. Umb. 00 ~ 1.500 1,50Q 1 500 SUB TOTAL 37.794 27 659 30.887 25.982 Work. Comp. 34,963 29 320 37.373 27 812 72757 56 979 68.260 53794 Commission X000 3,000 Inc 5 000 TOTAL 75 X757 59 979 68 260 58794 9 January 17 ~ 1984 Mr. Husbands explained that the reason for a bid from Ideal Mission and Penco/Hartford is that he had asked Earl to seek bids from other firms because of the way The Home had treated the City in the past with regard to claims settlements. He went over the coverage of each company with the Council. Councilmember Peterson asked why the commission for the multiple company coverage was more. The City Manager reported that there was slot of time spent by Earl in research to find good companies. Mr. Husbands recommended the insurance package from Ideal. Mission and Penco/Hartford at a total price with commission of ~58~794. The City Manager noted that the City had budgeted $105.051 for insurance in 1984 and being that the quote has come in at X58.794 it means a~ savings of $46.000. Peterson moved and Paulsen seconded the following resolution: RESOLUTION X84-12 RESOLUTION AWARDING CITY INSURANCE PACKAGE FOR 1984 The vote was unanimously in favor. Motion carried. MRS PAT WEBER REPRESENTING RUDY BOSCHWITZ' OFFICE Ms. Weber introduced herself as a Field Representative for Senator Boschwitz' Office. She was there to carry any messages back to him anal to keep in touch with local constituents. She reported that Mr. Boschwitz does not favor the cap on Industrial Revenue Bonds. He is in favor of letting municipalities control cable T.V. Mayor Polston asked about the Enterprise Zone. Ms. Weber stated she would get him some information on this. Mayor Polston also asked what portion of the federal tax dollar comes back to Minnesota. Mrs. Weber said she would find out and inform him. Councilmember Charon asked what his position on A.T.&T. was. Ms. Weber stated she would get that information to her. Ms. Weber then presented Senator Boschwitz_' Fair Play Budget and stated that if there were any questions about that she -would be happy to get the Council the answers. The Council thanked Ms. Weber for coming out. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Mayor Polston asked if there were any comments or suggestions 10 January 17, 1984` from citizens present. LARRY CONNOLLY - suggested that the Council consider having the employees who have administrative cars take them home at night so they can be put in a garage because just letting them sit out in the cold day after day can do more damage. The Council thanked Mr. Connolly for his suggestion. SET DATE FOR PUBLIC HEARING: CASE X84-301, AL & ALMA'S. CONDI- TIONAL USE PERMIT, COMMERCIAL DOCK Charon moved and Peterson ,seconded a motion to set February 14, 1984, at ?:30 P.M, as the date fora public hearing for a Conditional Use Permit for a commercial dock in a residential district - Al & Alma's. The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING: CASE ~8~t-302, DANIEL SINNER, VACA- TION OF EXCELSIOR LANE Peterson. moved and Jessen seconded a motion to set February 1 4, 1984, at 7:30 P.M, as the date for a public hearing on the proposed vacation of Excelsior Lane, from Wilshire Blvd. to Cavan Road. The vote was unanimously in favor. Motion carried. QUOTATIONS FOR PAINTING OF INTERIOR OF CITY HALL The City Manager reported that we have now received 3 quotations for the painting of the interior of City Hall. They are as follows: 1. Eklund Co., Inc. $2,700.00 2. Mtka. Painting & Decorating 3,500.00 3. Supplee Brothers 10,485.00 The City Manager stated the City will provide the paint and he is recommending the quotation from Eklund Co., Inc. at $2,700.00. Peterson moved and Jessen seconded a motion to approve the quotation of Eklund Co., Inc. in the amount of ~2:700.00 for the painting of the interior of City Hall. The vote was unanimously in favor. Motion carried. SET-UP LICENSE: MOUND LANES The City Manager reported the Mound Lanes was told to renew their Set-Up License because they were serving set-.ups without a license. 11 January 17~ 1984 Peterson moved and Charon seconded a motion to approve the issuance of a Set-Up License for Mound Lanes. The vote was unanimously in favor. Motion carried. PAYMENT REQUEST• A ~ K CONSTRUCTION, BOOSTER PUMP STATION, 1983 WATER IMPROVEMENT PROJECT, X41,311.60 Charon moved and Jessen seconded a m otion to approve the payment request of A & K Construction for the booster pum p station 1983 Water Improvement Project in the amount of X41 X311.60. The vote was unanimously in favor. Motion carried. Charon moved and Paulsen seconded the following resolution: RESOLUTION X84-13 RESOLUTION TO APPROVE CHANGE ORDERS 1-4 FOR A ~ K CONSTRUCTION AND THE PAYMENT THEREOF IN THE AMOUNT OF #5,892.59 The vote was unanimously in favor. Motion carried. SET DATE FOR LOCAL BOARD OF REVIEW Charon moved and Jessen seconded the following resolution: RESOLUTION X84-14 RESOLUTION TO SET MAY 29, 1984, AT 7:00 P.M. AS THE DATE FOR THE LOCAL BOARD OF REVIEW The vote was unanimously in favor. Motion carried. ORDINANCE AMENDMENT: CHAPTER 15, SECTION 15.08 SUBD. (c), RELATING TO THE DISPOSAL OF WASTES, ETC, The City Manager explained that the Building Inspector has asked that Chapter 15~ Section 15.08 Subdivision (c) of the City Code be amended because some of the apartment complexes in the City are not dealing with their garbage as they should be. The amendments were presented to the Council. Peterson moved and Charon seconded the following: ORDINANCE #457 AN ORDINANCE AMENDING CHAPTER 15, SECTION 15.08, SUBSECTION (c) OF THE CITY CODE RELATING TO REGULATING THE DISPOSAL OF WASTE AND CONTROLLING THE GENERATION OF AIR, SOIL AND WATER POLLUTANTS The vote was unanimously in favor. Motion carried. 12 January 17. 1984 ORDINANCE AMENDMENT: CHAPTER 39~ LICENSING AND REGULATION,O~ DOGS The City Manager reported that the license .fees for dogs has not been raised since 1977 and our license fees are lower than most cities around us. Councilmember Jessen suggested we increase the fees double and issue a two year license. The Council thought this was a good idea. The license fees would then be $8.00 for spayed or- neutered dogs and $14.00 for unspayed.females and males for a two year license period. Peterson moved and Charon seconded a motion to have the City Attorney put the above into ordinance form and return to the Council for approval at the next meeting. The vote was unanimously in favor. Motion carried. LAWCON: MOUND BAY PARK .The City Manager explained that this was just an amendment to the Lawcon Contract w hich enabled the City to have a drinking fountain installed at Mound Bay Park. Paulsen moved and Peterson seconded a motion to authorize the Mayor and -the Clerk to sign the amendment requesting approval. The vote was unanimously in favor. Motion carried. BINGO PERMIT: WESTONKA SENIORS INC. Charon moved and Peterson seconded a motion to authorize the issuance of a Bingo Permit to Westonka Seniors. Inc. for the year of 1984. The vote was unanimously in favor. Motion carried. GAMBLING PERMITS: AMERICAN LEGION ~ NORTHWEST LIONS Jessen moved and Peterson seconded a motion to authorize the issuance of Gambling Permits to American Legion Post ~~398 and the Northwest Tonka Lions for 1984. The vote was unanimously in favor. Motion carried. REVIEW OF CITY MILL RATE The City Manager went over the preliminary set of 1984 Mill Rates for Mound and how they break down. MILLS PERCENTAGE 1983 City of Mound 17.207 16.10 School Dist. 4277 52.906 Vocational School 1.446 49.52 1 ,35~ 15.501 51 .751 1.119 CHANGE- +1 X706 +1 .155 + . 3 27 13 January 17, 1984 Misc. Levies Watershed Dist. Hennepin County TOTAL ASSESSED VALUE Personal Property Real Estate Contribution to Fiscal Disp. Received from Fiscal Disp. TOTAL 5.318 4.98 5.106 + .212 .281 .26% .086 + .195 29.689 27.79 28.451 +1.238 106.847 100.00% 102.014 +4.833 .a 2~ 927,596 917,682 59,603,151 59,520,827 $60,530,747 $60,448,509 (1,200,050) (1,076,123) 4,779,705 4,155,258 $64,110,402 X63,527,644 In our budget proposal we had estimated Assessed Value at X64,512,465, a difference of $402,063. I had over estimated that our basic value would increase more than $82,000 out of X60 million. One mill equals a total of one tenth of one percent of the total Assessed Value or a total of $64,110.40. To figure out the total property taxes due in 1984 (before Hom e- stead Credit deductions) you multiply $64,110.40 times our mill rate of 106.847 which equals approximately $6.850,003.90, an increase of $369,295.24 or 5.7~. Thus without any increase in values or Homestead Credit, that would be an increase in taxes in 1984 over 1983. Unfortunately, with a major restructuring of the Homestead Credit program in 1983, that may not prove to be the case. PAYMENT OF BILLS Paulsen moved and Peterson seconded a motion to approve the payment of the bills as presented on the pre-list in the amount of $120,145.04, when funds are available. A roll call vote was 4 in favor with Mayor Polston abstaining. Motion carried. 14 January 17~ 1984 INFORMATION/MISCELLANEOUS A. Copy of Letter Re: Tonka Sewer Claim. B. AMM Bulletin Announcing Membership Meeting Tuesday. January 31 ~ 1984. C. Memo from Saul Smiley Re: Town Square. D. Chamber of Commerce "Chamber Waves" for January. E. Westonka Christian Services Newsletter from December. F. A.T.&T. Consumer Alert. G. Hubert H. Humphrey Irisitute Newsletter and Calendar for January. H. MWCC Letter Re: Orono Interceptor. I. Invitation to Popham Haik Open House. Friday. January 27. from 4:00 to 7:00 at the University of Minnesota Alumni C lub. 50th Floor of the IDS Center. J. Metro Council "Review". December 23. 1984. K. Draft Copy of Proposed Sign Ordinance. L. AMM Proposed Legislation. M. Letter from the City Attorney Re: Wagman Case. N. Memo and sample ordinance for the control of saunas and message parlors. 0. Update on City Economic Development Activates. P. Plan that Balboa Construction Co.. Inc. has presented for the Tonka facilities. The Mayor asked if the Council would consider changing the Council meetings from the 1st and 3rd Tuesdays of every month to the 2nd and 4th Tuesdays of every month. The Gouncil agreed. Charon moved and Peterson. seconded a motion to change the Council meetings from the 1st and 3rd Tuesday evenings of each month to the 2nd and 4th Tuesday evenings of each month. The vote was unanimously in favor. Motion carried. Councilmem ber Jessen stated that the City of Mound Gift Catalogs 15 January 17. 1984 are now printed and ready to be mailed to each resident of the City of Mound.. Mayor Polston asked that the City Manager put the Economic Development Commission for the marketing of Mound on the Agenda for the next meeting. The City Manager agreed to do so. Charon moved and Jessen seconded a motion to adjourn at 10:00 P.M. The vote was unanimously in favor. Motion carried. n Elam. City Manager ~J1~]nn C ~/]A~ Fran Clark. City Clerk BILLS----JANUARY 17, 1984 Air Power Equip 197.25 Acro-MN 151.39 A ~ K Constr. 41,311.60 Areawide Locksmiths 47.50 Ben Franklin 163.71 Blackowiak & Son 56.00 Bryan Rock Products 282.48 Butchs Bar Supply 74.00 Bradley Exterminating 19.00 Jan Bertrand 11.04 Cargill Salt 1,163.86 Conway Fire & Safety 534.96 Bill Clark 0i1 2,978.12 Coast to Coast 130.01 Coca Cola Bottling 423.45 City Club Distributing 2,260.18 Cash Register Sales 12.64 Copy Duplicating Prod 1,895.00 Continental Safety Equip 117.07 Century Auto Body 493.40 Davies Water Equip 140.07 Dependable Services 33.00 Duanes 66 6.00 Day Distributing 2,421.97 East Side Beverage 3,474.60 Flahertys Happy Tyme 343.20 Fire Control Extinguisher 19.50 Glenwood Inglewood 52.45 Illies ~ Sons 4,179.00 Johnson Welding 905.25 Kool Kube Ice 24.00 Lowells Auto 135.14 LOGIS 1,696.20 The Laker 130.60 Lehn Electric 131.40 Marina Auto Supply 767.96 Minnegasco 4,092.70 Mound Fire Dept 3,921.35 Mound Super Valu 133.29 Wm Mueller ~ Sons 3,110.14 Martins Navarre 66 55.00 Mpls Saw Co. 26.50 Navarre Hdwe 175.93 N.S.P. 4,717.93 A.J. Ogle Inc 1,623.80 Pepsi Cola/7 Up 288.15 Patco Road Supply 79.90 PDQ Food Stores 1,643.99 Pogreba Distributing 4,700.30 Royal Crown Beverage 137.50 Regal Window Cleaning 1.0.75 St. Cloud State Univ. 536.00 Spring Park Car Wash 93.00 Shields Printing 225.00 State Bank of Mound 13.20 Twin City Home Juice 63.72 Thorpe Distributing 3,962.45 Triangle Engineering 3,800.00 Unitog Rental 356.43 Viking Chevrolet 1,023.00 Xerox, Inc. 82.72 Ziegler Tire Service 109.17 Holly Bostrom 138.00 Bill Clark Oil 29.70 Jon Elam 40.98 Feed Rite Controls 160.57 First Bank Mpls 4.00 Fire Marshalls Assn of MN 10.00 Identi Kit Co. 384.00 Jones Chemical 237.60 Kustom Quality Electronic 1,995.00 MN Wastewater Operators Assn 5.00 Monarch Food Service 44.18 Mtka Sportsmen, Inc. 50.00 Minn Comm 28.75 MN Park Supervisors Assn 15.00 N.W. Bell Tele 270.05 North Star Chapt ICBO 25.00 Smith Heating ~ Air 20.00 S.O.S. Printing 188.75 Widmer Bros. 87.00 A.T.O.M. 20.00 Robert Cheney 326.00 Griggs, Cooper 2,538.35 Henn County Recorder 3.00 Internatl Assn Chiefs Police 25.00 Johnson Bros. Liquor 2,989.08 Mound Postmaster 600.00 MAPLE 114.00 MACTA 60.00 MN Pollution Control Agcy 90.00 City of Mound P/C 32.69 Old Peoria Inc. 1,356.19 Police Officers(84 Unif) 3,335.00 Ed Phillips 2,223.65 Brad Roy 138.07 State of MN Documents 12.00 Nels Schernau 10.27 Sunwood Inn 59.41 Towsley Sports 158.00 Tress-State of MN 197.83 Wyatt-Danca Sports 357.90 TOTAL BILLS 120,145.04 ~~~