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1989-02-1416 February 14, 1989 MINUTES - MOUND CITY COUNCIL - FEBRUARY 14, 1989 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, February 14, 1989, at 7:30 P.M., in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Andrea Ah- rens, Liz Jensen, Phyllis Jensen, and Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr, City Clerk Fran Clark, City Attorney Curt Pearson, Finance Director John Norman, Street Superintendent Geno Hoff, Park Director Jim Fackler, Fire Chief Don Bryce, City Insurance Agent Earl Bailey, Fire Marshal Jerry Babb, and the following interested citizens: Leo & Neila Clif- ford. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION made by Jessen, seconded by Jensen to approve the minutes of the January 24, 1989, Regular Meeting as sub- mitted. The vote was unanimously in favor. Motion carried. REQUEST FOR EXTENSION OF RESOLUTION #88-96, LEO D. & NEILA M. CLIFFORD, 3185 PRIEST LANE Jessen moved and Johnson seconded the following resolution: RESOLUTION #89-18 RESOLUTION AUTHORIZING A 180 DAY EXTEN- SION OF RESOLUTION #88-96 ENTITLED, ~~RESOLUTION TO APPROVE A MINOR SUBDIVI- SION AND SETBACK VARIANCE FOR LOTS 7 AND 8, BLOCK 2, HIGHLAND SHORES; PID #23- 117-24 34 0080/0081 (3185 PRIEST LANE), P & Z CASE #88-712~~ The vote was unanimously in favor. Motion carried. RENEWAL OF MUNICIPAL INSURANCE PROGRAM Mr. Earl Bailey, R. L. Youngdahl & Associates, presented the new insurance premiums which are as follows: 1989 1989 1988 PROJECTED ACTUAL Property 10,920 16,000 8,642 (1) Crime 293 INCL. 293 (1) Equipment 5,153 INCL. 4,401 (1) General Liability 39,053 39,053 42,847 (1) Auto 21,200 22,000 23,278 (1) 17 February 14, 1989 Liquor Liability 6,525 7,178 5,148 (2) Emer. Med. Techs. INCL. INCL. INCL. (1) Public Officials E & O 5,438 5,982 5,464 (1) Police Professional INCL. INCL. INCL. (1) Worker's Compensation 55,200 47,700 48,387 (3) Bonds 1,099 1,099 1,168 (4) TOTAL 144,881 138,913 139,628 Specialty Lines: (1) League of MN. Cities Insurance Trust thru N.S.R.S. (2) Transcontinental Insurance Co. (CNA) thru John Crowther (3) League of MN. Cities Insurance Trust thru E.B.A. (4) Capitol Indemnity Johnson moved and Jensen seconded the following resolution: RESOLUTION #89-19 RESOLUTION ACCEPTING THE POLICIES, PREMIUMS AND COMPANIES AS SUBMITTED BY MR. EARL BAILEY, R. L. YOUNGDAHL & AS- SOCIATES FOR THE 1989 INSURANCE PROGRAM The vote was unanimously in favor. Motion carried. PROPOSAL TO INCLUDE WORKER'S COMPENSATION INSURANCE FOR ELECTED OFFICIALS Mr. Bailey explained that the LMCIT is now .offering coverage and lower rates for Worker's Compensation insurance for City Coun- cils. The cost to cover a five member City Council for 1989 is $530. In past years the same insurance coverage cost was around $1700. The Council discussed this and decided to accept the coverage. Johnson moved and Jensen seconded the following: ORDINANCE #22-1989 AN ORDINANCE ADDING SECTION 155:40 TO THE CITY CODE PROVIDING WORRER~S COMPEN- SATION FOR ELECTED OFFICIALS AND MUNICIPAL OFFICERS APPOINTED FOR A REGULAR TERM OF OFFICE The vote was unanimously in favor. Motion carried. 1988 DEPARTMENT HEAD ANNUAL REPORTS The following Department Heads presented their 1988 annual reports to the City Council: Geno Hoff, Street Superintendent; Jim Fackler, Park Director; and Don Bryce, Fire Chief. 18 February 14, 1989 FINAL PAYMENT REQUEST - 1989 SHORELINE PROTECTION PROJECT MOTION made by Jessen, seconded by Johnson to authorize a final payment request by Minnetonka Portable Dredging for the 1989 Shoreline Protection Project, in the amount of $22,660.00. The vote was unanimously in favor. Motion carried. RESOLUTION RELATING TO COUNCIL/STAFF RESPONSIBILITIES The City Manager explained stated that the simple intent of this resolution is to remind Council and Staff that they are here to serve the public interest and not to promote or serve individual interests. Also that the Council and Staff must be open, candid and honest with each other in transacting the city's business. Johnson moved and Jensen seconded the following resolution: RESOLUTION #88-20 RESOLUTION RELATING TO COUNCIL-STAFF RESPONSIBILITIES The vote was unanimously in favor. Motion carried. ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT COMMISSION The City Manager explained that the consultant from the Economic Development Task Force has recommended that the City set up an Economic Development Commission. He further explained that he has developed the proposed ordinance setting up an Economic Development Commission. Jensen moved and Ahrens seconded the following: ORDINANCE #23-1989 AN ORDINANCE ADDING SECTION 260 TO THE CITY CODE CREATING AN ECONOMIC DEVELOP- MENT COMMISSION AND ESTABLISHING ITS DUTIES The vote was unanimously in favor. Motion carried. APPOINTMENT OF ASSISTANT WEED INSPECTOR Smith moved and Johnson seconded the following resolution: RESOLUTION #89-21 RESOLUTION APPOINTING THE ASSISTANT WEED INSPECTOR, JIM FACRLER The vote was unanimously in favor. Motion carried. COMMENTS ON DREDGE APPLICATION #89-6291 FROM THE DNR FOR HAR- -- RISONS BAY: DRIFTWOOD SHORES, OUTLOT 2, THREE POINTS BLVD. The Council had no comments on this dredge application. 19 February 14, 1989 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. REQUEST FOR MAINTENANCE PERMIT ON COMMONS FOR JOHN DOW, 4994 MAN- CHESTER ROAD The City Manager explained that the Park Commission recommended denial of the request for a 110 volt outlet and light being con- structed on Brighton Commons. They noted that Brighton Commons is presently a pure commons (has no structures or lights) and they would like it to remain that way. MOTION made by Jessen, seconded by Johnson to deny the request of John Dow for a Commons Maintenance Permit to in- stall a 11o volt outlet and a light on Brighton Commons. The vote was unanimously in favor. Motion carried. AGREEMENT FOR THE LOAN OF PORTABLE BREATH TESTERS Johnson moved and Ahrens seconded the following resolution: RESOLUTION #89-22 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE LOAN OF PBT'S (PORTABLE BREATH TESTERS) FROM THE DEPARTMENT OF PUBLIC SAFETY The vote was unanimously in favor. Motion carried. AGREEMENT TO ENTER INTO THE SOUTHWEST METRO TASK FORCE JOINT POWERS The City Manager explained this agreement and that it was a budgeted item. Jessen moved and Johnson seconded the following resolution: RESOLUTION #89-23 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO THE SOUTHWEST METRO TASK FORCE JOINT POWERS AGREEMENT The vote was unanimously in favor. Motion carried. LICENSE RENEWALS: The following licenses expire on February 28, 1989, and are on the Agenda for renewal: Garbage Disposal Blackowiak & Son Westonka Sanitation Randy's Sanitation Woodlake Sanitary 20 February 14, 1989 Cigarette Al & Alma's American Legion #398 (Convenience Whlse. Grocers) Ben Franklin Bob's Bait Shop Brickley's Market Duane's 66 (Convenience Whlse. Grocers) Fina Serve #564 Mack's Jock Club Meyer's Mound Service Mtka. Boat Rentals (Dean-Superior Vending) Mound Municipal Liquor (Convenience Whlse. Grocers) PDQ Food Store #0292 SuperAmerica Station #4194 Thrifty Snyder Store #704 Westonka Foods Union 76 VFW #5113 (B & L Vending) Westonka Foods The following expire April 1, 1989: Commercial Dock Renewal Al & Alma's Supper Club - 24 slips in water Minnetonka Boat Rental - 24 slips in water 18 boats stored on land MOTION made by Johnson, seconded by Smith to authorize the renewal of licenses as listed above, contingent upon all required forms, insurance, etc. being turned in. The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING MOTION made by Jensen, seconded by Jessen to set March 15, 1989, for a public hearing on a proposed street vacation of unused road right-of-way for Clyde Wallin, 2003 Arbor Lane. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS MOTION made by Jensen, seconded by Johnson to authorize the payment of bills as presented on the pre-list in the amount of $149,510.66, when funds are available. A roll call vote was unanimously in favor. Motion carried. EURASIAN WATER MILFOIL WEED The Council discussed the report from Tom Reese on the donations received by the Eurasian Water Milfoil Task Force. They also discussed the stipulation put on the pledge of $10,000 from the City if the remainder of the money was achieved. 21 February 14, 1989 MOTION made by Johnson, seconded by Jensen to pledge an amount equal to the assessment (dues) the City of Mound paid the LMCD this year to the Eurasian water Milfoil Task Force with no stipulations or qualifications. The vote was 4 in in favor with Ahrens voting nay. Motion carried. PARR COMMISSION REPORT - PHYLLIS JESSEN, CITY COUNCIL LIAISON Councilmember Jensen presented an oral report on the Park Commis- sion Meeting held on Feburay 9, 1989. Minutes will be in the next Council packet. INFORMATION/MISCELLANEOUS: A. January 1989 Department Head Monthly Report. B. Letter from John Norman, Finance Director, to Mr. Dale Reimer regarding water billing issue. C. Letter dated January 23, 1989, from Mary A. Smith, Director of Public Affairs, Triax Cablevision regarding centraliza- tion of Triax Offices. D. Letter dated January 31, 1989, from Triax Cablevision regarding 1988 Franchise Fee. E. Per Mayor Smith's "Letter to the Editor" published in The Laker and Sailor February 6, we received some letters regarding the City Council's action on the Eurasian Water Milfoil weed. F. L.M.C.D. mailings since the last Agenda packet. G. Invitation from Senior Community Services, Hopkins, for you to attend a Volunteer Recognition Party on Wednesday, March 15, 1989, 4-6 P.M., at the Eisenhower Community Center, 1001 Highway 7, Hopkins. Please let Fran know by March 9th, if you wish to attend. H. Metropolitan Council's "State of the Region 1989" will be held Wednesday, February 22, 1989, at the Hotel Sofitel in Bloomington, from 1 P.M. to 8 P.M. If you are interested in attending, please let Fran know by Monday, February 13th. I. Ted Fox, Lakewinds, has sent excerpts of the Tax Court ruling on three condominium units he owns at Lakewinds. We have provided the full rulings of the Tax Court for his 1986 and 1987 cases. J. Letter from Frank Livingston on his opinions regarding government debt and spending. 22 February 14, 1989 K. REMINDERS: 1) The first Committee of the Whole meeting established at the 1-31-89 Goal Setting Session is scheduled for Tues- day, February 21, 1989, beginning at 7:30 P.M. No writ- ten Agenda packet will be sent out for this meeting. You should bring your issues with you to the meeting to discuss. No formal action will be taken on any issues. 2) The March 14th regular meeting has been rescheduled to Wednesday, March 15. L. LMCD's monthly report from Tom Reese, City of Mound Repre- sentative. MOTION made by Smith, seconded by Jensen to adjourn at 10:00 P.M. The vote was unanimously in favor. Motion carried. L dward J. S u , Jr., City Ma er Fran Clark, CMC, City Clerk ~~ 1 i u