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1989-12-12185 December 12, 1989 MINUTES - MOUND CITY COUNCIL - DECEMBER 12,1989 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, December 12, 1989, 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, Attorney Curt Pearson, City Engineer John Cameron, and the fol- lowing interested citizens: Lorraine Painter, Chuck Champine, Gus Knott, and Cliff Reap. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION made by Ahrens, seconded by Jensen to approve the minutes of the November 28, 1989, Regular Meeting and the Reconvened Budget Hearing of December 5, 1989, with the fol- lowing corrections. 11-28-89 - CASE #89-845: The second sentence in the first paragraph should read as follows: ~~She stated the Planning Commission has found the proposed building to meet all zoning regulations and is of the same general character and appearance as other buildings in the vicinity.~~ 12-5-89 - WEEDS - Include the following: ~~.....using people who have to serve community service time during the summer to do weed whippinq.~~ The vote was unanimously in favor. Motion carried. APPROVAL OF AN AMENDMENT TO SECTION 300:25 OF THE CITY CODE RELATING TO THE MOVING OF BUILDINGS The City Manager explained that this change was requested by the Council at the November 28, 1989, Council Meeting. It will change the public hearing from a discretionary matter to being mandatory under the ordinance. It also deletes one word as it relates to the Planning Commission and strikes through the word "favorable". .The fee would be the same as a conditional use per- mit. Jensen moved and Jessen seconded the following: 186 December 12, 1989 ORDINANCE #37-1989 AN ORDINANCE AMENDING SECTION 300:25, SUBD. 3 OF THE CITY CODE RELATING TO BUILDING MOVING The vote was unanimously in favor. Motion carried. CONSIDERATION OF REQUEST FOR FINANCIAL ASSISTANCE, WESTONRA POOL BOOSTERS Lorraine Painter, representing the Westonka Pool Boosters, again requested assistance in operating the swimming pool at Mound Wes- tonka High School. The concept suggested is that 50o be funded by the General Fund of the district and 50~ be funded by a com- bination of city (Mound, Minnetrista, Spring Park and Orono) funding, user fees from Community Services and fund raising ef- forts by the Pool Boosters. The amounts proposed are: $12,000 from the four cities, and $8,000 from the Pool Boosters and Com- munity Services. She stated she has presented the same proposal to the other cities and has received favorable responses. The School Board would like to enter into a joint powers agreement with the cities specifying that approximately 300 of the total operating cost or $12,000 would be prorated to the cities. Based on that proration, Mound's share would be approximately $6,600. The Council discussed this request and the fact that this is not a one time request, it would be ongoing in future years. The School Board has made the commitment to keep the pool open for the next 75 days. MOTION made by Johnson, seconded by Smith directing the City Manager to attempt to work out a Joint Powers Agreement with the School District and the cities of Mound, Minnetrista, Spring Park and Orono to help fund the pool. The Council committed no funds at this time. The vote was unanimously in favor. Motion carried. PRESENTATION OF GOVERNMENT FINANCE OFFICERS' ASSOCIATION (GFOA) CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING AWARD - FRED CHRISTIANSEN, FINANCE DIRECTOR, CITY OF MAPLE GROVE City of Maple Grove Finance Director, Fred Christiansen presented the Mayor and Mound Finance Director, John Norman, with a Cer- tificate of Achievement for Excellence in Financial Reporting. This Certificate is the highest form of recognition in governmen- tal accounting and financial reporting, and its attainment repre- sents a significant accomplishment by Mound, its management, and the commitment by the City Council to excellence in this area. 187 December 12, 1989 APPROVAL OF PARR COMMISSION RECOMMENDATION NOT TO RENEW A DOCK PERMIT FOR THE YEARS 1990 AND 1991 - DOCK SITE #60700, TODD MC MASTERS, 5235 PHELPS ROAD The City Manager reviewed the memo from the Dock Inspector and Park Director concerning Dock Site #60700. The Council discussed whose responsibility it was to clean up the site, the former per- mit holder or Mr. McMasters. The memo from the Dock Inspector states that Mr. McMasters agreed to take care of the clean up and then did not follow through. The Park Commission recommends not renewing this dock permit for the years 1990 and 1991 for Todd McMasters. MOTION made by Johnson, seconded by Jensen to concur with the Park Commission recommendation and not renew a dock per- mit for the years 1990 and 1991 - Dock Site #60700, Todd McMasters, 5235 Phelps Road. The vote was 4 in favor with Ahrens voting nay. Motion carried. APPROVAL OF AN ORDINANCE AMENDING SECTION 437:15 OF THE CITY CODE RELATING TO DOCK DESIGN STANDARDS The City Manager explained that this amendment would allow one 72" x 72" dock section on an L, T, or U shaped dock to provide for a bench or a general gathering areas for the users. It is something that is not provided in the current ordinance and was recommended by the Park Commission. It would allow docks which are in existence June 1, 1989, to remain until expansion or modification is requested. Jensen moved and Johnson seconded the following: ORDINANCE #38-1989 AN ORDINANCE AMENDING SECTION 437:15 OF THE CITY CODE RELATING TO DOCK DESIGN STANDARDS The vote was unanimously in favor. Motion carried. GRADING APPLICATION FROM MINNETONRA PORTABLE DREDGING CO. IN OR- DER TO PREPARE AND MAINTAIN A FILL SITE FOR THE PLACEMENT OF 14,000 CUBIC YARDS OF SPOIL MATERIAL FROM DREDGING PROJECTS CON- DUCTED BY MINNETONRA PORTABLE DREDGING The City Engineer explained resolutions were not followed. the existing vegetation, such fill site before filling. that the conditions in previous There was discussion on removing as brush, trees, etc., from the 188 December 12, 1989 The City Attorney suggested that a deed restriction could be put on the property showing that the fill site is unbuildable without corrections to the site. This would require proper descriptions of the fill areas. MOTION made by Jessen, seconded by Johnson to refer this matter to the owner of the property, Minnetonka Portable Dredging (applicant), and the City Engineer to work out a covenant, with proper descriptions of the fill site, restricting the use of the land in the future as unbuildable without corrections to the fill site. The vote was unanim- ously in favor. Motion carried. RESOLUTION REOUESTING AN INCREASE IN M.S.A. MAINTENANCE FUNDS DUE TO INCREASED MAINTENANCE COSTS ON CITY OF MOUND M.S.A. STREETS Ahrens moved and Jensen seconded the following resolution: RESOLUTION #89-158 RESOLUTION REQUESTING AN INCREASE IN M.S.A. MAINTENANCE FUNDS DUE TO IN- CREASED MAINTENANCE COSTS ON CITY OF MOUND M.S.A. STREETS The vote was unanimously in favor. Motion carried. COMMENTS-AND SUGGESTIONS FROM CITIZENS PRESENT There were no comments or suggestions. RESOLUTIONS CALLING FOR REDEMPTION OF OUTSTANDING BONDS: A. Johnson moved and Jessen seconded the following resolution: RESOLUTION #89-159 A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING BONDS OF THE $1,550,000 G.O. IMPROVEMENT BONDS OF 1965 ISSUE The vote was unanimously in favor. Motion carried. B. Jensen moved and Johnson seconded the following resolution: RESOLUTION #89-160 A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING BONDS OF THE $2,377,000 G.O. IMPROVEMENT BONDS OF 1965 SECOND ISSUE The vote was unanimously in favor. Motion carried. ~~ . 189 December 12, 1989 C. Jensen moved and Jensen seconded the following resolution: RESOLUTION #89-161 A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING BONDS OF THE $265,000 G.O. IMPROVEMENT BONDS OF 1975 ISSUE The vote was unanimously in favor. Motion carried. D. Ahrens moved and Johnson seconded the following resolution: RESOLUTION #89-162 A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING BONDS OF THE $200,000 G.O. IMPROVEMENT BONDS OF 1976 ISSUE The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS MOTION made by Jessen, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $154,317.35, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1 REOUEST FOR STREET LIGHT The City Manager explained that there is a request for a street light in the vicinity of 3137 Argyle Lane. The Police Dept. has reviewed the request and recommends the installation. Ahrens moved and Smith seconded the following resolution: RESOLUTION #89-163 RESOLUTION AUTHORIZING THE INSTALLATION OF A STREET LIGHT AT THE CORNER OF LANARK ROAD AND ARGYLE LANE ACROSS FROM 3137 ARGYLE The vote was unanimously in favor. Motion carried. LELS AND TEAMSTERS POLICE UNION CONTRACTS The City Manager explained that the City recently received the binding arbitration awards for both the Sergeants and the Patrol. The Council now needs to authorize the Mayor and City Manager to execute these contracts. Johnson moved and Jensen seconded the following resolution: 190 December 12, 1989 RESOLUTION #89-164 RESOLUTION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO A LABOR AGREEMENT KITH THE MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL 320, POLICE PATROL The vote was unanimously in favor. Motion carried. Jensen moved and Ahrens seconded the following resolution: RESOLUTION #89-165 RESOLUTION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO A LABOR AGREEMENT WITH THE LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL #35 (EELS), POLICE SUPERVISOR/SERGEANTS The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Department Head Monthly Reports for November 1989. B. L.M.C.D. Representative's Monthly Report for November 1989. C. L.M.C.D. Mailings. D. Planning Commission Minutes of November 27, 1989. E. Copy of Resolution No. 89-11-961R1, Hennepin County regard- ing the possibility of requiring all cities in Hennepin County to identify one or more sites within the city that could be used for the composting of yard waste. This resolution was discussed last week before the County's Public Service Committee. Also attached is a copy of a resolution adopted by the City of Edina opposing the County's resolution. F. REMINDER: There will be NO Committee of the Whole meeting on December 19 or a Regular Meeting on December 26, 1989. MOTION made by Jessen, seco ed b Johnson to adjourn at 9:15 P.M. The vote was imo sly in favor./ Motion carried. r / \ E r J. Shu e, Jr., City Man er Fran Clar , CMC, City Clerk