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1985-11-12MINUTES REGULAR COUNCIL MEETING NOVEMBER 12, 1985 223 The City Council of Mound, Hennepin County, Minnesota, met in regular session on November 12, 1985, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Acting City Mayor Russ Peterson, Councilmembers Phyllis Jessen, Gary Paulsen, Steve Smith. "Mayor Bob Polston was absent and excused. Also present were: Acting City Manager Fran Clark, City Attorney Jim Larson, Acting City Clerk Linda Strong, Building Inspec- tor Jan Bertrand, City Engineer John Cameron, City Finance Director John Norman, Harlan Brue, Jan .and Sue Lynott, Valerie Hessburg, Connie Stalbush, Gordon Swenson and Antonie VanDerSteeg. The Acting City Mayor, Russ Peterson opened the meeting and welcomed those present. MINUTES The minutes of the October 22, 1985, regular meeting were presented for " approval. Councilmember Smith stated that Resolution #85-139, regarding the negotiation of the employment contract with Mr. Shukle, should read, "Resolution authorizing and directing the Mayor and the Acting City Manager to negotiate, subject to Council approval, a contract of employ- ment with Edward Shukle as City Manager for the City of Mound." MOTION made by Councilmember Smith, and seconded by Councilmember Jessen to adopt the minutes .for October 22, 1985, as amended. The vote-was unanimously in favor. Motion. carried. PUBLIC HEARING: VACATION OF PART OF CHURCH ROAD (formerly known as School Street The Acting City Manager explained that Church Road was an undeveloped platted road, presently under a parking lot.. The Council should ;,for- malize this in preparation for Town Square. The Acting Mayor opened the Public Hearing and asked if there was anyone present who wished to speak.in favor or against this item. No one responded. The Acting Mayor closed the Public Hearing. Councilmember Jessen moved, and Councilmember Paulsen seconded the following resolution: RESOLUTION #85-141 RESOLUTION APPROVING THE VACATION OF A PART OF CHURCH ROAD (FORMERLY KNOWN AS SCHOOL STREET). The vote was unanimously in favor. Resolution passed. 224 November l2, 1985 PUBLIC HEARING: PROPOSED AMENDMENT TO PROGRAM YEAR X - CDBG FUNDS - REALLOCATING $3962.00 FOR SUBURBAN COMMUNITY SERVICES AND $1000.00 FOR WESTONKA INTERVENTION PROGRAM The Acting City Manager stated that there is $34,656.00 left'of these Federal Funds and if not used by end of 1885, the City loses it. It has been proposed to reallocate these funds as follows: . SuburbaD Community Servides (Senior Counseling) 3,962.00 Senior Center Operation (Cathy Bailey's Salary) 8,995.00 Westonka {ntervention 1,000.00 Rehabilitation of Private Property ~ 20,699.00 Valerie Hessberg, acting director, of Westonka Intervention came forth and breifly explained the work of this group. When the police are notified•of a domestic violence, they notify the Westonka Intervention. Volunteers., that have been trained to assist the victim, step in. Often times this prevents a repeat of the violence. Of the nine active months in action, they have responded to 45 cases. Councilmember Paulsen moved and Councitmember Smith seconded the following resolution: • RESOLUTION #85-142 RESOLUTION REALLOCATING.YEAR X MOUND/URBAN HENNEPIN COUNTY COMMUNITY DEVELOPEMENT FUNDS The vote was unanimously in favor. Resolution passed. DISCUSSION ON VIOLATION OF GRADING AND LAND RECLAMATION PERMIT ANTHONY VANDERSTEEG, 1361 Commerce Blvd. • John Cameron, City Engineer, stated he and Jan Bertrand had recently inspected the above address. Their major concern was the dumping of construction debris that. contains materials which will support decay such as plywood, boards, sheetrock, acoustical tile, cardboard, paneling hardboard siding, carpet, foam pads, brush and trees. Other materials that will not decompose such as PVC pipe, tires, steel studs, concrete block, brick and fiberglass were also found on the premisses. • They stated there were conditions put on the original grading and land reclamation permit that- have not been followed. When at the site, they also found an old condrete control structure on the back of the property which should be comvered for safety reasons. The City's Engineer's recommendation was to revoke the permit until the following -four conditions are met: 1. All unacceptable fill material.be removed. 2. -The owner post a bond in the amount of $10,.000 to assure compliance with the permit. 3. The owner obtain the Watershed Permit as required in the original permit. 4. The owner cover the concrete control structure on the property. November 12, 1~~5~ Anthony VanDersteeg, owner of the property, asked for time to rectify this situation which occurred while he was out of the country. He explained that he just wants the property to look good and if he had been here the illegal dumping'would~not have occurred. Now he needs time to locate the people who dumped the materials. Councilmember!'Jessen asked Mr. VanDersteeg if he was keeping his log as required by the original permit. Answer, no. Councilmember Smith asked i£ the soil boring, as required by the permit,had been done. Answer, no. Paulsen moved and Peterson seconded the following resolution: ' RESOLUTION X85-143 RESOLUTION REGARDING.GRADING AND LAND RECLAMATION PERMIT OF ANTHONY VANDERSTEEG, 1861 COMMERCE BLVD. The Council asked that the 'following items be conditions of the above resolution: 1. Mr. VanDersteeg work with the Staff on a plan of action ::- and timetable for removing the illegal fill and report back to the Council. in 2 weeks. ' ~ 2. Suspend any further dumping until there is a plan of action for the next year and all requirements of the original permit . are met. 3. Mr. VanDersteeg to find.out who dumped the illegal materials. 4. Cover the concrete structure on the rear of the property with exterior plywood.. 5. Have the soil testing done. •• 6. Obtain the necessary permit from the Minnehaha Creek Watershed District. The Council assured Mr. VanDersteeg that they are not trying to be difficult, but these:. are things that have to be done to comply with the permit. .. ~_ The Building Inspector asked that the Council declare the concrete structure a public nuisance and require that it be covered within 10 days. The Council agreed. The City Engineer stated that Mr. VanDersteeg would-have ~to supply the Minnehaha Creek Watershed District with the 3 items they requested. before they would consider his permit. This will require Mr. VanDer- steeg to hire a surveyor. Mr. Cameron stated that Mr. VanDersteeg could not come before the Watershed District until December now because their meetings are full. The vote on Resolution X85-143 and the conditions was unanimously in favor. Motion carried. .November 12, 1985 226 DISCUSSION ON LETTER FROM '.;BRIAN M. JOHNSON, 4445 MANCHESTER, REGARDING THE DELAY OF THE TUXEDO BLVD. SAFETY IMPROVEMENT. The Acting City Manager stated that the bids on this project alt came in too high, and the project was delayed until spring of 1986. Mr. Johnson asked if something temporary could be done. John Cameron, City Engineer, stated two possibilities; 1. Install temporary guard posts. This would cost $300 - $400. to dig as the City has no auger. He felt this would have to be done to Manchester also. 2. City buy and install steel posts with reflectors attached. This would make the hazard visible, but not stop cars. Mr..Camerson recommended-the second suggestion. Then, in ..the spring do it according to the plans. That section.of street has been there since 1966-67. MOTION made by Councilmember Paulsen and seconded by Councilmember Jessen to direct. City to install steel posts with reflectors attached in the area of the Tuxedo 81vd. Safety Improvement, until spring of 1986. The vote was unanimously in favor.- Motion carried. PROPOSAL FOR PREPARATION FOR REFERENDUM (PUBLIC WORKS BUILDING) The Acting City Manager presented a Cost Proposal od the Preparation of the Public Works Building Referendum from.6onestroo, Rosene, Anderlik and Associates, Inc. ' Based on the hourly rates and the number of hours needed to prepare, the proposal was $7040.00, not including the printing of the brochures. The -firm will credit the City approximately $3000.00, when the referendum passes. and construction documents are started. _ MOTION MADE by Councimember Paulsen and seconded by Councilmember Peterson to approve the amount of $70~~0.00, maximum not to exceed expense needed to .prepare fora referendum fora new Public Works facility. The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT The Acting Mayor mentioned the Sailor article en Mr. Shukle. Also, he mentioned how pleased he was that Mr. Shukle has decided to come to Mound. November 12, 1985 227 DISCUSSION ON UPDATING OF CONDITIONAL USE PERMITS There was no action on this issue, the City Planner could not attend the meeting.' This item will be on a future agenda. DECISION ON PAYING VOLUNTARY ASSESSMENT FOR SPECIAL LEAGUE OF MINNESOTA CITIES NAHRO TAX INCREMENT FINANCE STUDY AND LOBBYING EFFORT. The voluntary assessment asked of .Mound is $205.06. There was some Council discussion. • MOTION made by Counciimember Smith and seconded by Counciimember Jessen to decline the voluntary assessment for Special League ' of Minnesota Cities. NAHRO Tax increment_Finance Study. and lobbying effort. - • The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING MAP SUGGESTED DATE: DECEMBER 10, 19 5 MOTION made by Counciimember Jessen and seconded by"Councilmember Paulsen to set date for public hearing on proposed amendment to zoning map to be December 10, 1985• The vote was unanimously in favor. Motion carried. SET DATE FOR BIDS TO BE OPENED FOR NEW DUMP TRUCK FUNDS APPROVED IN THE 19 BUDGET The Acting City Manager stated that $30,000. would come from the 1986 . Budget and $30,000. would come from revenue sharing. She also mentioned that it would take six months to receive the new truck. MOTION made by Counciimember Paulsen and seconded by Counciimember Smith to set December.9, 1985, as the date to open bids for the new dump truck. The•vote was unanimously in favor. Motion carried. FORMAL ADOPTION OF EMPLOYMENT CONTRACT WITH EO SHUKLE The Acting City Manager stated that the City Attorney had approved the ~ ~~ amended contract. Counciimember Paulsen moved and Counciimember Jessen seconded the following resolution: RESOLUTION X85-144 RESOLUTION ADOPTING THE EMPLOYMENT CONTRACT WITH ED SHUKLE. By roll call vote, the reeolution passed, with three votes in favor and Counciimember Smith abstaining and Mayor Polston being absent and excused. Zza November 12,.1985 Councilmember Smith asked that. the following be included in the minutes as his reasons for abstention: "Councilmember Smith's position on abstention~.is that a member of the City Council should abstain from voting for one of only two reasons: 1) conflict of interest;. 2) if a Councilmember does not have enough information to formulate a decis-ion. Councilmember Smith opposed:: 1) Section 4 of the written contract in that a 90 day notice to terminate requirement is an excessive period of time; is too costly; and is not a good management practice. 2) Section 8.should be deleted in its entirety .or be redrafted to define which hours outside "normal office hours" may allow "reasonable .. time off" for the City Manager. 3) Section 21 should be deleted as it unnecessarily restricts the Council with regard to the budget process. Therefore so as not to suggest opposition to the decision to hire Edward Shukle, which he supports, Councilmember Smith abstained to reflect his opposition to those sections of the written employment contract until they are either deleted or redrafted as suggested." APPLICATION FOR BINGO~PERMIT - MOUND FIRE DEPT.-AUX. FOR NOV. 19, 1985 MOTION made by Councilmember Smith and seconded by Councilmember ' Paulsen to approve the bingo permit and waive the fee for the Mound Fire Department Aux. for November 19, 1985: The vote was unanimously in favor. Motion carried. LETTER FROM THE SUBURBAN RATE AUTHORITY ASKING FOR THE CITY'S MONEY SUPPORT~IN THEIR INTERVENTION IN THE NSP RATE CASE $ .00 Councilmember Peterson stated that he had been a member of this committee and he felt that they had no specific interest pretaining to our City. Councilmember Paulsen suggested we remain status quo. Na further action was taken. ADOPTION OF CERTIFICATE OF APPRECIATION FOR HERMAN "BUZZ" KRAFT TO BE PUT ON PLACQUE AND PRESENTED TO HIM AT HI5 RETIREMENT DINNER ON DECEMBER 7, 1985. The Acting City Manager stated that the Police have tickets for this dinner. She read the wording for the placque. ' Councilmember Jessen made and Councilmember Smith seconded the following.resolution: RESOLUTION #85-145 RESOLUTION ADOPTING THE CERTIFICATE OF APPRECIATION FOR HERMAN "BUZZ" KRAFT. The vote was unanimously in favor. Resolution passed. APPOINTMENT OF JOHN NORMAN AS CITY TREASURER . November 12, 19$5 229 Councilmember Paulsen moved and Councilmember Peterson seconded the following resolution: RESOLUTION X85-146 RESOLUTION APPOINTING-JOHN NORMAN CITY TREASURER OF CITY OF MOUND. The vote was unanimously in favor. Resolution passed. The Acting Mayor officially welcomed John to the staff. PAYMENT OF BILLS The bills were presented for consideration.. Councilmember Jessen moved and Councilmember Paulsen seconded the•following.motion: MOTION TO APPROVE THE PAYMENT OF BILLS~AS PRESENTED ON THE PRE-LIST IN THE AMOUNT OF $158,988.94, WHEN THE FUNDS ARE AVAILABLE. A roll call vote was unanimously~in favor. Motion carried. LOST LAKE SITE PROGRESS • • City Attorney, Jim Larson, updated the Counci] on this issue. .City Attorney, Curt Pearson, Church Attorney Julian Hook. and himself,. had a hearing before Judge Lindberg, on•Friday, Niv. 8, 1985. Gordy Swenson was then as an .observer. Jim felt there was good discussion. The Judge appeared involved in the discussions. Jim felt the law was strongly in the City's favor. Mr. Hook argued .there was a 40 year law, as opposed to the 30 year law originally stated. The Judge gave the City Attorneys 10 days to respond in writing to Mr. Hook's memorandum regarding the 40 year law. Jim felt the Judge would decide the matter quickly, after receiving their memorandum. CONTEL TELEPHONE Jim Larson stated that the issue will be back before the Council on November 26th. At that time Mr. Dahlen's report will be presented. Jim would like the Council to direct Curt and himself to review the report thus allowing them to keep items protectable in terms of litigation strategy from being revealed. 'MOTION made by Councilmember Paulsen and seconded by Councilmember Peterson directing the City Attorney's office to contact Mr. Dahlen, to ask Mr. Dahlen to direct his report to the City's Attorneys, for review. The vote was unanimously in favor. Morion carried. Mr. Dahlen is a Consultant that was retained by the City to do a preliminary study to determine the financial feasibility of the City operating the telephone company in the City of Mound. The Acting City Manager mentioned that there is an open house at CR Manufacturing on Friday, from 1-7 PM. '~ 230 RIIC TRQRICIT November 12, 19$5 The Acting City Manager had a conversation with John Dillery, Transit Planner from MTC. Mr. Dillery suggested that calls be forwarded to him, to help justify the cost of a possible route change. Also, the bus would need a drive through turn around spot on highway 44. LMCD Councilmember Jessen mentioned that the LMCD has now .approved an ordinance ~ allowing only 2 boats per. private dock: _ __ ___ _ ~ INFORMATION/MISCELLANEOUS A. Letter from MTC regarding bus servicd to the County Road 1,10 and 44 area. B. Article on FLSA C. LMCD Ordinance that .was passed regarding number of watercraft allowed at any dock. . D. Letter from the State of Minnesota regarding the use of building permit surcharge rebates E. Hydrologic Data Report from the Minnehaha Creek Watershed District F. Letter from Met Council on their conducting a comprehensive review of Lake Minnetonka surface use and management, including public access needs. G. Article on Comparable Worth from the National League of Cities Newspaper H. Special Report on Hennepin County Solid Waste Disposal ~ Recovery I. Article on Rampaging Insurance Rates J. Article on Phone Rates from Wall Street Journal K. Proposed Revised Rules - Minnehaha Creek Watershed L. Letter from. Gen Olson regarding proposed rule changes involving fee increases M. November Calendar MOTION MADE BY COUNCILMEMBER JESSEN AND SECONDED BY COUNCILMEMBER PAULSEN TO ADJOURN THE MEETING. The vote was unanimously in favor. Meeting adjourned at 9:10 PM ~~ Fran Clark, Acting City Manager `c~~ Linda Strong, Acting City Clerk Bills------November 12, 1885 (continued) Widmer Bros. Inc Highland, G1enEllyn 334.13 Xerox Corp Equip pymts ~ Maint 378.19 Coast to Coast Oct supplies 446.27 Marina Auto Supply Oct supplies 481.71 Navarre Hardware Oct supplies 105.91 N.S.P. Oct electricity 3,950.13 PDQ Food Stores Oct gasoline 1,288.22 Suburban Tire Tires 1,283.74 D.J.'s Sand Black dirt 142.50 Caterpillar Tractor Manuals 18.00 Int Inst Munic Clerk Certification fee 65.00 20,308.78 Total Bills 158,g88.g4 page 2 of 2 BILLS------NOVEMBER 12, 1985 Batch 854103-----Computer run dated 11/5/85 Batch 854104-----Computer run dated 11/6/85 Batch 854105-----Listed below Total Bills Assurance Glass Co. Jan Bertrand Gerald Babb Bryan Rock Prod Holly Bostrom Copy Duplicating Duanes 66 Glenwood Inglewood GFB Trucking Stephen Grand Lowells Long Lake Ford Mpls Health Dept MN UC Funds MacQueen Equip Metropol Fire Equip MSA Metro Fone Minnegasco Modern Roadways John Norman No Star Waterworks No Star ICBO Joyce Nelson Neenah Foundry Precision Busns Syst Pitney Bowes Credit Tom Rockvam Spring Park Car Wash St Cloud Univ Mike Savage Sargent-Sowell Saliterman LTD SOS Printing Stevens Market Streicher Guns Tom's Jack Service Town ~ Country Foods Tim ~ Toms Home Ent. Tri State Drilling Thurk Bros Chev Thrifty Snyder Drug Unitog Rental Dale Vaugn Van Doren Hazard, Stal Water Products Westonka Sanitation Windshield-unit 13 ICBO mtg exp. Conv registr. Oct rock Clean City Hall Copier exp LP gas Oct water coolers Ghains/binders School exp Oct parts Auger rental Lab tests Unempl Comp Radiator cap Hurst tool balance Spectacle kit Pager rental gas Asphalt Avon Park MFOA Conf exp Repair Clamp Dues Water School .exp Adjusting rings Ribbons ~ tapes Checksign kit-Oct Remove Dock Oct car washes Drivers Train Courses Coveralls Signs Nov rent Forms, applic, envelop Council supplies Inking Suppl, brackets Repair Mall Fire Dept Supplies Tapes Rebuilt shaft Oct mirrors, Filters Film Oct unif rent Temp Help-Police Sept Consult. Curb stops July-Oct Park Pickup 100,156.80 38,523.36 20 , 308.78 158,g88.g4 .78.00 24.46 80.00 89.04 177.00 15.00 11.00 91.00 100.00 38.14 308.97 25.00 65.00 1,400.37 20.76 783.00 52.20 35.40 295.03 900.00 67.84 58.16 25.00 16.78 1,064.54 74.99 26.00 154.00 94.25 162.00 51.98 41. g4 1 , 308.54 532. l0 164.12 44.00 21.45 41.20 60.00 757.84 60.60 51.94 346.67 137.50 1,326.25 175.92 340.00 Page 1 of 2