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1988-06-2897 June 28, 1988 MINUTES - MOUND CITY COUNCIL - REGULAR SESSION The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 28, 1988, at 7:30 P.M., in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Don Abel, Liz Jensen, Phyllis Jensen and Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr, City Clerk Fran Clark, City Attorney Curt Pearson, Building Inspector Jan Bertrand, City En- gineer John Cameron. Also present were: Gayle Schuffenhauer, Leo Clifford, Buzz Sycks, Gordon Swenson, John McKinley, Marge Stutsman and Officer Rex. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. RETIRING EMPLOYEES RECOGNITION The City Manager explained that Marge Stutsman is retiring after 15 years of service to the City o•f Mound in the capacity of Secretary to a former City Manager Len Kopp, Acting City Manager in his absence and most recently Administrative Assistant to the Building Official. The Mayor presented Ms. Stutsman with a plaque of recognition. The City Manager explained that Officer Rex, the canine with the Police Dept. is retiring after 3 years of service to the City of Mound. MINUTES MOTION made by Abel, seconded by Jensen to approve the minutes of the June 14, 1988. Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS The City Manager stated that the amount is down to $2,938.44. The Council discussed the policy on time elapsing after the shut- off of water and notification of the proper authorities of unsafe living conditions. The Water Dept. will advise the proper authorities of persons living in homes with the water shut-off. The Mayor opened the public hearing. There was no one present in the audience who wished to speak on this issue. The Mayor closed the Public Hearing and turned the item back to the Council. Jensen moved and Johnson seconded the following resolution: 1 98 June 28, 1988 RESOLUTION 88-94 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $2,938.44 AND AIITHORIZING THE STAFF TO SHUT-OFF WATER SERVICE TO THOSE ACCOUNTS. The vote was unanimously in favor. Motion carried. CASE #88-662: GAYLE & CAROL SCHUFFENHAUER, 6350 RAMBLER LANE, LOT 9, BLOCK 2, MOUND TERRACE. PID #14-117-24 32 0019, FRONT,. SIDE. AND VARIANCE TO ALLOW 6TRUC- TURAL MODIFICATIONS TO NONCONFORMING STRUCTURE The Building Official explained the request and stated. that the Planning Commission had recommended approval. Abel moved and Jensen seconded the following resolution: RESOLUTION #88-85 RESOLUTION TO AMEND RESOLUTION #87-178 TO ALLOW A TWO STALL GARAGE WITH ENTRY AND 10 FOOT BY 10 FOOT STORAGE AREA AND DECK FOR LOT 9, BLOCK 2, MOUND TERRACE; PID #14-117-24 32 0019, (6350 RAMBLER LANE); P & Z CASE #87-662 The vote was unanimously in favor. Motion carried. CASE #88-712: LEO CLIFFORD, 3185 PRIEST LANE, LOTS 7 & 8, BLOCK 2, HIGHLAND SHORES, PID #23-117-24 34 0080 0081, SETBACK VARIANCE AND MINOR SUBDIVISION The Building Official explained the request and that the Planning Commission had recommended approval. Johnson moved and Smith seconded the following resolution: RESOLUTION #88-96 RESOLUTION TO APPROVE A MINOR SUBDIVI- SION AND SETBACK VARIANCE FOR LOTS 7 & 8, BLOCK 2, HIGHLAND SHORES; PID #23- 117-24 34 0080/0081, (3185 PRIEST LANE); P & Z CASE NO. 88-712 The vote was unanimously in favor. Motion carried. CASE #88-713: ROGER BONNICRSEN, 4861/4855 DONALD DRIVE, LOTS 1, 24 & 25,BLOCR, ARDEN, PID #24-117-24 44 0071j0091/0092i MINOR SUBDIVISION The Building Official explained the request and that the Planning Commission had recommended approval. The City Attorney suggested adding the following 2 conditions to. B: 2 99 . June 28, 1988 4. If any, deficient sewer and water unit charges will be assessed or paid at the time of the property lot development. 5. An escrow amount to cover all legal and engineering fees will be established. Abel moved and Jessen seconded the following resolution: RESOLUTION #88-97 RESOLUTION TO APPROVE MINOR SIIBDIVISION FOR LOTS 1, 24 & 25, BLOCK 7, ARDEN; PID #24-117-24 44 0071/0091/0092; 4861/4855 DONALD DRIVE; P & Z CASE #88-713 The vote was unanimously in favor. Motion carried. CHANGE ORDER NO. 3 - PUBLIC WORKS FACILITY - SINGLE PHASE POWER TO THREE-PHASE POWER The City Engineer explained that it would be cost effective for the city to install a 3-phase panel for power to the new Public Works Facility rather than the single phase that was originally considered. This installation woDld be for future use. The Council agreed. He recommended the following: Change Order #3 Item No. 1 Elimination of Loading Dock Deduct $1,050.00 Item No. 2 Change Electrical Service from Single Phase to Three Phase Add $1.775.00 TOTAL CHANGE ORDER NO. 3 $ 725.00 Johnson moved and Abel seconded the following resolution: RESOLUTION #88-98 RESOLUTION TO APPROVE CHANGE ORDER #3, PUBLIC WORKS FACILITY IN THE AMOUNT OF $725.00 The vote was unanimously in favor. Motion carried. AGREEMENT WITH HENNEPIN COUNTY RE; __CDBG_FIINDS, YEAR RID - SENIOR COUNSELINGfCASE MANAGEMENT SERVICES The City Manager explained that this resolution says the City ap- prove support in Year XIV for the Senior Counseling/Case Manage- ment Services. 3 100 June 28, 1988 Smith moved and Abel seconded the following resolution: RESOLIITION #88-99 RESOLIITION AIITHORIZING EBECIITIVE OF PIIHLIC SERVICE AGREEMENT FOR SENIOR COUNSELING/CASE MANAGEMENT SERVICES WITH SENIOR COMMtTNITY SERVICES AND AIITHORIZ- ING ASSIGNMENT OF THE AGREEMENTS AD- MINISTRATIVE RESPONSIBILITIES TO HEN- NEPIN COUNTY The vote was unanimously in favor. Motion carried. COMMENTS & SIIGGESTIONS FROM CITIZENS PRESENT There were no comments or suggestions. APPROVAL OF LICENSES The following licenses were presented for approval: Off-Sale Beer Al & Alma's Brickley's Market PDQ Food Store SuperAmerica #4194 On-Sale Beer Al & Alma's D'Vinci's House of Moy Mound Lanes & Pizza Club License American Legion #398 VFW #5113 On-Sale Liquor Jock Club Sunday Liquor Jock Club VFW #5113 Set-Up Al & Alma's On-Sale Wine Al & Alma's D'Vinci's House of Moy Dinner Dance Jock Club D ~] 1 4 - 101 June 28, 1988 The Council asked if the VFW had complied with the Building Official's requirements on the parking lot and the landscaping. She reported they have installed the dumpster and because of the dry conditions may not seed or sod until Fall or Spring. MOTION made by Abel, seconded by Jensen to authorize the is- suance of the above listed licenses as requested. The vote was unanimously in favor. Motion carried. SET DATES FOR PUBLIC HEARINGS P & Z CASE #88-614 MOTION made by Abel, seconded by Jensen to set July 12, 1988, at 7:30 P.M. for a public.hearinq to consider a condi- tional use permit for an oversized accessory building for James Luger, 6195 Sinclair Road, Lot 6, Block 17, The Highlands; PID #23-117-24 34 0071. The vote was unanimously in favor. Motion carried. P & Z CASE #88-715 MOTION made by Abel, seconded by Jensen to set July 12, 1988, at 7:30 P.M. for a public hearing to consider the. vacation of a permanent slope easement for Jerome W. Studer, 4455 Radnor Road, Lots 9 & 10,~ Block 2, Pembroke; PID.#19- 117-23 34 0036. The vote was unanimously in favor. Motion carried. SEXUAL HARASSMENT POLICY The City Manager reported that he and the City Attorney have worked on a policy and procedures regarding sexual harassment and are presenting this to the Council tonight. The City Attorney further stated that an allegation contained in a complaint has been brought to the Minnesota Department of Human Rights by an employee of the City and that the City is doing everything pos- sible to maintain a work place free of any discrimination and of any sexual harassment or intimidation by adopting this policy and the procedures. The City Attorney has been working with the Department of Human Rights to resolve the issue, but the employee does not wish to meet with the City to reconcile and wants the investigation to proceed. The City Manager stated this policy is a good place to start and he is also requiring all department heads to attend a seminar on June 30 regarding sexual harassment. There will then be meetings with all employees regarding sexual harassment and the new policy and procedures if adopted. Smith moved and Jensen seconded the following resolution: RESOLUTION #88-100 RESOLUTION ADOPTING A POLICY AND PROCE- DURES REGARDING SEXUAL HARASSMENT 5 102 June 28, 1988 The vote was unanimously in favor. Motion carried. LEGISLATION ALLOWING ACOIIISITION AND. CONDEMNATION OF LAND The Mayor presented a proposed resolution in support of the City of Minnetrista and its legal challenge to legislation allowing for the override of local approval from the acquisition and con- demnation of land that was passed in the 1988 Legislative Ses- sion. He stated he will be calling a meeting of the Lake Min- netonka Mayors in the near future to ask for their support also. Smith moved and Abel seconded the following resolution: RESOLIITION #88-101 RESOLIITION OF BIIPPORT FOR THE CITY OF MINNETRISTA AND ITS LEGAL CHALLENGE TO LEGISLATION~ALLOWING FOR THE OVERRIDE OF LOCAL APPROVAL FOR THE ACQIIISITION AND CONDEMNATION OF LAND The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS MOTION made by Jessen, seconded by Abel to authorize the payment of bills as presented on the pre-list in the amount of $295,370.79, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOIIS A. Financial Report for May as prepared by Finance Director John Norman. B. LMC Federal Legislative Committee Membership Schedule. C. REMINDERS: - Economic Development Task Force Meeting, Thursday, July 14 at 7:30 A.M., City Hall - Park Commission and City Council Park Tour, Thursday, July 28. Meet at 5:00 P.M., Senior Citizen Center - will return at approximately .9:15 P.M. when pizza and pop will be served - cost $5.50 per person. D. Lake Level, Flow and Precipitation Summary for May 1988. E. Notice of annual .Dutch Treat 'Breakfast from Metropolitan Waste Control Commission: Date: June 29, 1988 - Wednesday Time: 7:30 A.M. Place: Lafayette Club 2800 Northview Road 6 103 _ June 28, 1988 Minnetonka Beach F. Planning Commission Minutes from June 13, 1988 G. Draft of Housing Maintenance Code as prepared and discussed by Subcommittee of Planning Commission and Planning Commis- sion as a whole respectively. Council is requested to meet jointly with Planning Commission on July 11, at 7:30 P.M. to discuss draft of Housing Maintenance Code. H. Association of Metropolitan Municipalities (AMM) is looking for persons to serve on legislative policy committees. Please consider being a member of one of these committees. Please let Fran know by June 3Q, so she can return applica- tion forms. Also, attached is the Newsletter from AMM. MOTION made by Abel, seconded by Jessen to adjourn at 8:40 P.M. The vote was unanimously in favor. Motion carried. 1 Fran C ark, CMC, City Clerk 7