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1985-12-10240 MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1985 The City Council of Mound, Hennepin County, Minnesota, met in regular session on December 10, 1985, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen, Gary Paulsen, Russ Peterson and Steve Smith. Also present were: Acting City Manager Fran Clark, Acting City Clerk Linda Strong, City Attorney Curt Pearson, City Planner Mark Koegler, City Engineer John Cameron, City Building Inspector Jan Bertrand, Water and Sewer Superintendent Greg Skinner, .Police Chief Len Harrell, Finance Director John Norman. Also present were: Audrey Evans, Marty Jessen, Neil Weber., Cheryl Grand, Steve Coddon, Steve Tessmer and Ray Teiger. Mayor Polston opened .the meeting and welcomed those present. PUBLIC HEARING: PROPOSED AMENDMENT TO THE ZONING MAP, LOTS 1, 2, 3, 4 and 5, BLOCK 11, LAKESIDE PARK, A.L. CROCKERS 1st DIVISION - From R-3 Residential TO B-1 Business. City Planner, Mark Koegler explained that the developers of Town Square want to expand their parking lot into an area outside of, but adjacent to, the present tax increment financing district. This will add 29 parking spaces and allow the construction of an emergency entrance at the rear of the clinic. These request presents two issues: rezoning and a comprehensive plan amendment. The comprehensive plan amendment has to be reviewed by the Metropolitan Council. The.Planning Commission and Staff recommends approval of the request subject to the following conditions: 1. Approval of the rezoning shall be officially granted upon receipt of the comprehensive plan amendment approved by the Metropolitan Council. 2. Lots 1 through 5, Block 11, "Lakeside Park, A.L. Crocker's 1st Division, Mound, Minnesota" shall be platted and combined as one tax parcel consistent with the remainder of the Town Square property. 3. All parking and access improvements shall be constructed consistant with the amended site plan. 4. The applicant shall prepare and submit detailed landscaping plans for the expansion of the parking area for review and approval by the City Planner. 241 December l0, 1985 Mayor Polston opened the Public Hearing, asking for comments in favor or against this item. There were none, he closed the Public Hearing. Councilmember Paulsen moved and Councilmember Jessen seconded amending the following ordinance: ORDINANCE N0. 486 AMENDING THE CITY OF MOUND OFFICIAL ZONING MAP BY REZONING A CERTAIN PARCEL (AS DES- CRIBED) FROM R-3 RESIDENTIAL TO B-1 BUSINESS. The vote was unanimously in favor. Ordinance amended. PRESENTATION BY THE SUBURBAN HENNEPIN COUNTY REGIONAL PARK DISTRICT COVERING 19 5 LEGiSLATtON AND CURRENT PARK DISTRICT ACTIVITIES Neil Weber and Marty Jessen presented the Council information on the new parks system. There is now a seven member board, five elected and two appointed. Neii Weber is a newly appointed director. The purpose of visiting various communities is to explain 1985 legislation and current park district activities. Minneapolis parks are not included in the new Hennepin County. System. The new name is "Suburban Hennepin Regional Park District", new slogan, "Yours to Enjoy Naturally". The 1986 budget is eight million dollars. Insurance is high and new facilities are planned. There is 24 thousand acres in the 19 park locations. They welcomed questions about the park system. A short video was shown to the Council. The Council thanked Mr. Weber and Mr. Jessen for sharing this with the Council. CONSIDERATION AND APPROVAL OF BID FOR 1986 DIESEL POWER, SINGLE AXLE, 31,000 GVW DUMP TRUCK WITH PLOW, WING, DUMP BODY AND SANDER. The Acting City Manager stated, that there were three bids received. Lakeland Ford Truck Sales was the lowest, with a bid of $57,473.75• Councilmember Paulsen moved and Councilmember. Jessen seconded the following resolution: RESOLUTION X85-155 RESOLUTION APPROVING THE LOW BID THAT MET SPECIFICATIONS TO LAKELAND FORD TRUCK SALES IN THE AMOUNT OF $57,473.75 FOR PURCHASE OF THE 1936 DIESEL DUMP TRUCK WITH ATTACHMENTS The vote was unanimously in favor. Resolution passed. 242 December 10, 1985 DECISION ON MARTIN LUTHER KING'S BIRTHDAY The Mayor stated that the State has declared a mandatory legal holiday, the third Monday in January. The decision to be made is to use .this holiday as a floating holiday or take it off without pay. Councilmember Peterson moved and Councilmember Smith seconded the following motion: MOTION that City Employees will have January 20, 1986, off using their floating holiday or take-the day off without pay. The vote was unanimously in favor. Motion carried. APPROVAL OF LABOR AGREEMENT WITH LAW ENFORCEMENT LABOR SERVICES, LELS COVERING THE SERGEANT OF INVESTIGATION AND THE SERGEANT OF PATROL FROM 1-1-86 TO i2-31- 6, A ONE YEAR CONTRACT. The Acting City Manager stated that this is the same contract as the previous two year contract, except for the 6% salary increase as all other employees will receive and which was approved in the. 1986 budget. Councilmember Peterson commented the 1987 contract should show a salary adjustment to correspond with the inflation rate of 3%. All contracts come up for negotiation at the end of 1986. Police Chief, Len Harrell said the union has already approved this contract for 86, it now needs Council approval. Councilmember Paulsen moved and Councilmember Smith seconded the following resolution: RESOLUTION #85-156 RESOLUTION APPROVING CONTRACT FOR 1986, WITH LAW ENFORCEMENT LABOR SERVICES. The vote was unanimously in favor. Resolution passed. SET~SALARIES FOR 1986 The salaries for 1986 show a 6% increase. Councilmember Paulsen moved and Councilmember Jessen seconded the following resolution: RESOLUTION #85-157 RESOLUTION TO SET SALARIES FOR 1986 The vote was unanimously in favor. Resolution passed. 243 December 10, 1985 PROPOSAL TO PROVIDE LESSONS AND RENTALS OF SAILBOATS AND WINDSURFERS AT MOUND BAY PARK - DISCUSSION ITEM. The. Acting City Manager stated the concern of the Staff is the problem regarding liability insurance.. Also the commericalism of the park area is a concern, if one vendor gets in, others may try. This issue is due to go before the Park Commission this week. There was much discussion; size of the park area, boat launching use, safety of users, rentals of canoes only. No Council act-ion was taken on this issue. COMMENTS AND SUGGESTIONS FROM CITIZENS. PRESENT Mayor Polston asked the citizens present if there were any comments or suggestions. There were none. PROPOSED SEWER AND WATER RATE INCREASE The major cause for an increase in sewer rates is the rate increase from MWCC. Greg Skinner also pointed-out that lg$5 has been the worst year ever for watermain breaks, and this is costly in overtime and repair for the.-Water Fund. Mayor .Polston stated that it is the Council's duty to collect enough revenue to cover the :cost of water and sewer. There was discussion on how much water the new businesses in Tonka West would use, but it is too soon to tell. what affect. they will have if any. Greg Skinner told the Council so far there are no businesses in Tonka West who would-use anywhere near the amount of water that Tonka Toys used. Councilmember Peterson moved and Councilmember Paulsen seconded the following resolution: RESOLUTION #85-158 RESOLUTION TO INCREASE THE SEWER AND WATER RATES loo FOR 1986. The vote was four in favor with Councilmember Smith voting nay. Councilmember Smith stated that he voted no because he felt the rates should have been adjusted a small amount each year instead of one large increase. DISCUSSION ON SATELLITE DISH ANTENNA ORDINANCE City Planner, Mark Koegler presented background information to the Council. The original draft of a satellite ordinance had been denied by-the Council on a 2 to 2 vote in January 1985. The Planning Commission at Council request, did more research and recommends the Council consider three items if they wish to pursue the dish antenna ordinance. 1. Materials - open mesh 2. Location - only in rear yards 3. Grandfathering 244 December l0, 1985 Councilmember Paulsen moved and Councilmember Smith seconded the following motion: MOTION TO AUTHORIZE STEVENS WELL DRILLING CO. TO REPAIR WELL.#7 AT THE QUOTED PRICE OF $5158.29 The vote was unanimously in favor. Motion carried. PORT HARRISON TOWNHOMES. City Engineer, John Cameron,.stated that the developers of Port Harrison Townhomes now do not wish to install concrete curb and gutters. Instead, they want to use railroad ties or landscaping timbers. It was the toncensus of the Council that-the original plans which were sub- mitted and approved by the Council should be adhered to. SHUKLE CONTRACT The Acting City Manager stated that Mr. Shukle had submitted three ' resolutions for the Council to act upon. 1. Exclude Mr. Shukle from PERA 2. Establish a Deferred Compensation Plan, in lieu of PERA 3. Establish a Money Purchase Retirement Plan, saving the City payment to FICA on him. Councilmember Peterson moved and Councilmember Smith seconded the following three resolutions: RESOLUTION #85-159 RESOLUTION APPROVING ELECT-ION OF EDWARD J. SHUKLE, JR., CITY MANAGER TO BE EXCLUDED FROM THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION RESOLUTION #85-160 RESOLUTION TO ESTABLISH A DEFERRED COMPENSATION PLAN FOR EDWARD J. SHUKLE, JR. RESOLUTION #85-161 RESOLUTION TO ESTABLISH A MONEY PERUCHASE RETIREMENT PLAN FOR EDWARD J. SHUKLE, JR. The vote was unanimously in favor. Resolutions passed. The Acting City Manager also stated the three HMO insurance plans that the City uses are all metro based, and Mr. Shukle will not be residing in the metro area until he sells his house in Benson and moves. Mr. Shukle asks that the 85% of the total family coverage provision that is allowed be applied to a Biue Cross/Blue Shield plan, which he currently has in Benson. The City's contribution to his Blue Cross plan would be less than the contribution to the City offered HMO policies. 245 December 10 , 1985 The Planning Commission felt that variances will take care of certain location problems, as the cases arise. Discussion followed as what defines front and back yard. Front yard is defined as "front lot line that abutts the street". It was the concensus of the Council to hold a Public Hearing to get public input on this issue before considering an ordinance. DISCUSSION ON UPGRADING OF EXISTING CONDITIONAL USE PERMITS Mark Koegler explained that this was discussed by the Planning Commission. The concept to be the cataloging of current conditional use permits, listing the non conforming uses. Some businesses in Mound are doing many things not mentioned in their CUP, but there are also no regulations on their CUP's. This process would set up current uses in a well written resolution. Council decided to wait until Mr. Shukle arrived for his input a 1 so. PROPOSAL FROM COUNCILMEMBER SMITH ON THE BUDGET PROCESS Councilmember Smith summarized his budget process proposal for the Council. He then withdrew his proposal from the agenda. for 30 to 45 days, until the new Manager arrives, and. he can review it with him and get his input. PAYMENT OF BILLS The bills were presented for consideration. Councilmember Paulsen moved and Councilmember Jessen seconded the following motion: MOTION TO APPROVE THE PAYMENT OF BILLS AS PRESENTED ON THE PRE- LIST IN THE AMOUNT OF $171,338.01, WHEN-THE FUNDS ARE AVAILABLE Roll call vote was unanimously in favor. Motion carried. REPAIR OF WELL #7 Greg Skinner informed the Council that Well #7 has been shut down and is in need of repair due to worn parts caused by high water turbulence. Normally wells are serviced on a five year rotation, with well #7 having been done in 1982-83. However, this well is the mast energy efficient one to run. Two quotes were presented to repair Well #7. 246 December 10, 1885 INFORMATION/MISCELLANEOUS A. ,Notice of Meeting on Public Boat Access Set for December 10, 1885, Mound City Hall, 3:30 PM B. .Notice of Meeting on the. Metro Council's Development Frameword December 11, lg$5, Chanhassen City. Nall, 9:30 AM C. Notice of "Reachout" Meeting in Mound - Dave Durenberger - December 12, 1985,.9:00 to 11:30 AM D. Notice of Watershed District Meeting E. League Information on Tax Reform Proposal F. Notice from MWCC on Increase in SAC Rate to $475.00 G. Letter Regarding Dakota Rail MOTION MADE BY COUNCILMEMBER PAULSEN AND SECONDED BY COUNCILMEMBER TO ADJOURN MEETING. The vote was unanimously in favor. Meeting adjourned at 11:15 PM Fran Clark, Acti g City Manager Linda Strong, Acting City Clerk BILLS-------DECEMBER 10, 1985 Batch 854113-------Computer run dated 12/03/85 Batch 854114-------Computer run dated 12/05/85 Bills listed below Total Bills Fire Dept Officers pay (12) Photo Factory Film Holiday Inn-St. Paul--Room-Seminar Bldg Official U of MN Registration-Seminar Bldg Official Ronald Marschke Nov Asst Chief 1.25,390.91 42,559.92 3,387.18 171,338.01 3,100.00 15.18 82.00 go.oo 100.00