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1981-04-285O REGULAR MEETING OF THE CITY COUNCIL April 28, 1981 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota was held at 5341Maywood Road in said City on April 28, 1981 at 7:38 p.m. Those present were: Mayor Rock Lindlan, Councilmembers Gordon Swenson, Robert Polston, Pinky Charon and Donald Ulrick. Also present were City Manager Leonard L. Kopp, City Attorney Curtis A. Pearson, Assistant City Engineer Lyle Swanson and Acting City Clerk Marjorie Stutsman. MINUTES The minutes of the meeting of April 21, 1981 were presented for consideration. Swenson moved and Charon seconded a motion to approve the minutes of the meeting of April 21, 1981 as submitted. The vote was unanimously in favor. PUBLIC HEARINGS Special Use Permit for Commercial Dock - Lot 25, Whipple Shores The City Clerk presented an affidavite of publication in the official newspaper of the notice of public hearing on said Special Use Permit for Commercial Dock. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for input on said Special Use Permit for Commercial Dock and persons present to do so were afforded an opportunity to express their views thereon. The following persons offered comments or questions: Ruben Bjurnstrom, Keith Havens, Norman Hatlie and Bud Nolan of A1 & Alma's. The Mayor then closed the public hearing. Ulrick moved and Swenson seconded a motion RESOLUTION 81-149 RESOLUTION APPROVING SPECIAL USE PERMIT FOR COMMERCIAL DOCK ON LOT 25, WHIPPLE SHORES WITH STIPULATIONS: 1) NO FURTHER CONTINUED EXPANSION OF DOCK 2) PERMIT NON-TRANSFERABLE AND 3) INCLUDE STIPULATIONS IN ORDINANCE Roll call vote was four in favor with Polston abstaining. Ulrick moved and Swenson seconded a motion directing the Staff to begin to develop standards that would indicate distances from shoreline and/or depth of water for public swimming beaches within the City indicating clearly the depth of water at which the City is responsible for those public beaches. The vote was unanimously in favor. AL & ALMA'S DOCK PERMIT - RECONSIDERATION OF RES. 81-95 Ulrick moved and Charon seconded a motion RESOLUTION 81-150 RESOLUTION ALLOWING VARIANCE AS SHOWN IN EXHIBIT 5 - IN NOT MAINTAINING THE 10 FEET OUT AND PARALLEL TO THE LOT LINE Roll call vote was unanimously in favor. April 28, 1981 Ulrick asked for a warm round of applause for Leonard Kopp, City Manager of 21 years. PROCLAMATION - JAMES M. RICNARDSON Swenson moved and Charon seconded a motion to make proclamation a part of the minutes of this meeting. TO JAMES M. RICHARDSON WESTONKA CHAMBER OF COMMERCE'S CHOICE FOR CITIZEN OF THE YEAR FOR 1981. FOR EPITOMIZING THE "GOLDEN RULE" IN HIS PERSONAL, BUSINESS AND PROFESSIONAL LIFE. FOR SILENTLY GIVING MORAL, FINANCIAL AND SPIRITUAL SUPPORT FOR THOSE IN NEED WITHOUT FANFARE OR THOUGHT OF RECOMPENSE. SHOULD THE HISTORY OF MOUND BE WRITTEN, MR. RICHARDSON'S CONTRIBUTION TO THE AREA AS ONE OF ITS FIRST PROGRESSIVE BUSINESSMEN WILL BECOME EVIDENT FOR HIS DEDICATION TO HIS FELLOW MAN AND TO THE ECOMONIC HEALTH OF HIS ADOPTED COMMUNITY. MANY RESIDENTS TELL TALES OF HIS PERSONAL ASSISTANCE WHEN THEY WERE IN NEED OF A FRIEND. HIS LOVE OF CHILDREN MANI- FESTED ITSELF IN LATER YEARS AS HE OFFERED HIS CONSIDERABLE TALENTS AND TIME IN GIVING VOLUN- TEER TUTORING ASSISTANCE BEFORE FORMAL VOLUN- TEER PROGRAMS WERE INSTIGATED IN AREA SCHOOLS. THE CHILDREN TOO BENEFITED FROM HIS GENTLE WARMTH AND CONCERN. HIS LEGACY TO HIS COMMUNITY, FAMILY AND FRIENDS IS HIS READY SMILE AND HANDSHAKE. WE ARE TOLD THAT A MAN'S SUCCESS LIES IN HIS ACCEPTANCE OF HIMSELF AND A GENUINE DESIRE TO MAKE LIFE A BIT HAPPIER AND EASIER FOR THOSE HE MEETS. FOR THESE QUALITIES JIM WILL LONG BE REMEMBERED. THE WESTONKA CHAMBER OF COMMERCE WISHES HIM CONTINUED GOOD HEALTH AND LONG LIFE WITH GRATITUDE AND AFFECTION AS THEIR FIRST "CITIZEN OF THE YEAR" 1981 The vote was unanimously in favor. CONTINUED PUBLIC HEARING Vacation of Part of Churchill Lane & Tuxedo Road 51 52 April 28, 1981 The Mayor then reopened the public hearing for input on said Vacation of Part of Churchill Lane and Tuxedo Road and persons present to do so were afforded and opportunity to express their views thereon. No persons presented objections and the Mayor then closed the public hearing. Polston moved and Swenson seconded a motion RESOLUTION 81-151 RESOLUTION VACATING CERTAIN STREET EASEMENTS The vote was unanimously in favor. COUNTY ROAD 110 Construction Agreement Swenson moved and Polston seconded a motion RESOLUTION 81-152 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO SIGN THE CONSTRUCTION AGREEMENT The vote was unanimously in favor. Bids - Televising Sewer Ulrick moved and Polston seconded a motion RESOLUTION 81-153 RESOLUTION TO ACCEPT THE BIDS AND AWARD TO LOW BIDDER - VIKING PIPE SERVICE, $1,805.OO The vote was unanimously in favor. CONTINUED PUBLIC HEARING County Road 110 Street Lights The Mayor then reopened the public hearing for input on said County Road llO Street Lights and persons present to do so were afforded an opportunity to express their views thereon. No persons presented objections and the Mayor then closed the public hearing. Ulrick moved and Swenson seconded a motion RESOLUTION 81-154 RESOLUTION TO CONTINUE PUBLIC HEARING TO MAY 26 TO GET INPUT FROM DOWNTOWN TASK FORCE AND ENGINEER The vote was unanimously in favor. CONTINUED PUBLIC HEARING Special Assessment of County Road 110 The Mayor then reopened the public hearing for input on said Special Assessment of County Road 110 and persons present to do so were afforded an opportunity to express their views thereon. No persons presented objections and the Mayor then closed the public hearing. Polston moved and Ulrick seconded a motion RESOLUTION 81-155 RESOLUTION ADOPTING THE RESOLUTION ORDERING THE IMPROVEMENT AND THE PREPARATION OF PLANS AND SPECIFICATIONS FOR COUNTY ROAD 110 The vote was unanimously in favor. April 28, 1981 ARBITRATION - THOMAS & SONS City Attorney reported a surprise - today he received the results of the Ar- bitration, Thomas was awarded $23,778.10. Ulrick moved and Swenson seconded a motion to offer commendation to Staff, City Manager, City Attorney and Engineer for a job well done. The vote was unanimously in favor. Payment to Thomas & Sons Polston moved and Swenson seconded a motion to approve payment of check in the amount of $23,778.10 be issued to Thomas and Sons. The vote was unanimously in favor. CONTINUED PUBLIC HEARING Revenue Sharing The Mayor then reopened the public hearing for input on said Revenue Sharing and persons present to do so were afforded and opportunity to express their views thereon. No persons presented objections and the Mayor then closed the public hearing. Ulrick moved and Swenson seconded a motion RESOLUTION 81-156 RESOLUTION TO APPROVE REVENUE SHARING FUNDS IN THE AMOUNT OF $15,843 TO BE USED TO BUY SEAL COATING MATERIAL OR EQUIPMENT The vote was unanimously in favor. TAX FORFEIT LAND Lot 3, Block 1, Halstead View Ulrick moved and Polston seconded a motion RESOLUTION 81-157 RESOLUTION AUTHORIZING THE CITY TO PURCHASE LOTS 3 & 4, BLOCK 1, HALSTEAD VIEW FOR PURPOSE OF PRIVATE SALE The vote was unanimously in favor. Lot 7, Auditor's Subd. 168 Swenson moved and Polston seconded a motion RESOLUTION 81-158 RESOLUTION AUTHORIZING THE PURCHASE OF LOT 7, AUD. SUBD. 168 AT PRIVATE SALE FOR RESALE The vote was unaninously in f~vor. Lots 8, 9, ll, 12, 33 & 48, Aud. Subd. 168 Ulrick moved and Polston seconded a motion RESOLUTION 81-159 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO MAKE APPLICATION FOR LOTS FOR WETLANDS The vote was unanimously in favor. 53 54 April 28, 1981 CONCESSION STAND - MOUND BAY PARK Polston moved and Swenson seconded a motion RESOLUTION 81-160 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PARK COMMISSION AND ALLOW A CONCESSION STAND IN THE MOUND BAY PARK WITH FURTHER STIPULATIONS: OPERATOR SCHEDULE CLEANUP AND CARRY INSURANCE The vote was unanimously in favor. COMMENTS & SUGGESTIONS BY CITIZENS PRESENT No one responded. FISHING CONTESTS REQUESTS Polston moved and Swenson seconded a motion RESOLUTION 81-161 RESOLUTION GRANTING PERMISSION FOR FISHING CONTESTS TO BE HELD WITH STIPULATION THEY CLEANUP AFTER THEMSELVES The vote was unanimously in favor. LICENSE RENEWALS Polston moved and Charon seconded a motion RESOLUTION 81-162 RESOLUTION GRANTING LICENSE RENEWALS REST- AURANT, ON SALE BEER, GAMES OF SKILL AND JUKE BOX The vote was unanimously in favor. CHANGE OF MEETING TIME Swenson moved and Polston seconded a motion to change the time of the meeting of May 26 to 8:00 to give opportunity for Fire Truck Demonstration at 7:00 p.m. The vote was unanimously in favor. REPORT ON USE OF PUBLIC BUILDINGS Alan Greene reviewed report submitted by committee. Ulrick moved and Charon seconded a motion to commend the committee for their report. The vote was unanimously in favor. Discussed Cty. Road 125 Bridge PAYMENT OF BILLS Polston moved and Ulrick seconded a motion to approve payment of the bills as presented on the prelist in the amount of $228,290.92 when funds are available. Roll call vote was unanimously in favor. BILLS ......... APRIL 28, 1981 Commissioner of Revenue Dependable Services Drews Electric Finley Bros. Enterprises Leonard Kopp Metro Waste Control Mac Queen Equip Mound Medical Clinic Metro Fone MUtual Benefit Life P.E.R.A. Brad Roy Sutphen Corp. Robert Shanley Don Streicher Guns Sheriff's Dept-Henn Co. T & T Maintenance Thrifty Snyder Drug Tri State Drilling Waconia Ridgeview Hosp Ziegler, Inc. BellBoy Co. & Frt. Midwest Wine Griggs Cooper Johnson Bros. Liquor Old Peoria Ed Phillips & Sons 2,018.93 30.00 210.OO 31.00 3o.00 14,987.25 88 38 81 50 35 4O 595 46 23 46 ll 95 193,923 75 8228 5O 35 2O300 33.25 48.99 501.O7 13.O0 63.24 2,538.68 1,231.18 3,868.14 4,75O.82 1,O98.16 1,741.68 TOTAL BILLS 228,290.92 April 28, 1981 WATER BILL - 3038 BRIGHTON BLVD. Swenson moved and Charon seconded a motion RESOLUTION ALLOWING PAYMENT OF MINIMUM BILL ONLY The vote was Swenson in favor with four voting nay, motion failed. LETTER FROM CITY ATTORNEY - RE: POLICE REORGANIZATION The Council recessed at ll:lO to meet in executive session and reconvened ~t 12:08. CLARIFYING MOTION OF CITY COUNCIL Polston moved and Charon seconded a motion RESOLUTION CLARIFYING A MOTION OF THE CITY COUNCIL; EXTENDING TO.MAY 15 THE EFFECTIVE DATE OF THE POLICE REORGANIZATION; DIRECTING THE CITY MANAGER TO MEET AND NEGOTIATE WITH LOCAL UNION NO. 35 OF LAW ENFORCEMENT LABOR SERVICES, INC.; AND STATING THE COUNCIL'S INTENTION TO PROMOTE HARMONIOUS RELATIONS BETWEEN THE CITY AND THE UNION TO PROVIDE AN EFFICIENT POLICE DEPARTMENT WITHIN THE CITY OF MOUND Roll call vote was two in favor with three voting nay, motion failed. ADJOURNMENT Swenson moved and Charon seconded a motion to adjourn to the next regular meeting on May 5, 19.81 at 7:30 p.m. The vote was unanimously in favor. 55 M~rjor~e Stutsman, Acting City Clerk '~i t~'M~nager