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
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