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1981-09-08114 REGULAR MEETING OF THE CITY COUNCIL September 8, 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 September 8, 1981, at 7:40 P.M. Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert Polston, Gordon Swenson and Donald Ulrick. Also present was the City Manager, Jon Elam. MINUTES The minutes of the meeting of August 25, 1981, were presented for consideration. Polston moved and Swenson seconded a motion to approve the minutes of the meeting of August 25, 1981, as submitted. The vote was unanimously in favor. The minutes of the Special Meeting of September l, 1981, were presented for consideration. Polston moved and Ulrick seconded to amend the minutes of the Special Meeting of September 1, 1981, striking Resolution 81-296 from the minutes. The vote was four in favor with Councilmember Swenson voting no and noting that the reason was because the Resolution was passed after the meeting was adjourned and he was not present. ASSESSMENT HEARING - 1980 STREET IMPROVEMENT Polston moved and Charon seconded a motion to reschedule the Public Hearing on the 1980 Street Improvement Assessments to September 30, 1981, at 7:00 P.M. at Shirley Hills School. The following voted in favor thereof: Council- members Charon, Polston and Mayor Lindlan. Councilmember Swenson voted no. Councilmember Ulrick abstained.to avoid a conflict. Motion carried. Councilmember Polston noted that the change was made from September 23, 1981, to September 30, 1981 because there would not be enough of the Council present on the 23rd to have a quorum. At this point the Mayor said that after approval of the Minutes, at future meetings, he will ask for any additions to the Agenda by the Councilmembers. SET DATES FOR PUBLIC HEARINGS Swenson moved and Charon seconded a motion to set the following Public Hearings for the following dates: A. Street Vacation - Langdon Lane Cul-de-sac for September 29, 1981. B. Street Vacation - Oxford Lane for September 29, 1981. C. Special Use Permit for a Youth Center/Arcade for September 29, 1981. D. Assessing Delinquent Utility Bills for October 6, 1981. The vote was unanimously in favor. Motion passed. STEVEN BOHNHOFF - INSURANCE CLAIM REJECTIONS - BOATHOUSE City Manager, Jon Elam, explained background information dating back to 1978, when the Bohnhoff's first called the City regarding a hole that had developed in the ground along our access path to Devon Commons. Twice in 1978, the city crew tried to rectify the problem by filling the hole with dirt. Again in 1979, the hole was filled by the City. In 1980, the problem became worse and late in October, 1980, Public Works hired Widmer Construction to dig the area up and discovered a cracked and leaking storm sewer and they repaired it. Unfortunately, ll5 September 8, 1981 considerable damage had already been done in the 3 years that the storm sewer leaked. The Bohnhoff's boathouse wall was pushed in due to the water saturating the ground and they wanted it fixed. The problem arises, that in 1978 Aetna Insurance was our insurance carrier and they are declining coverage for the above damage for the following reasons (excerpt from letter from Aetna Insurance Co., dated Sept. 8, 1981, and signed by E. L. Sonnenburg, Sr. Claim Representative). "1. Extremely late notice of loss. Our policy, under "Conditions" states as follows: INSURED'S DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT" (a) In the event of an occurrence, written notice containing particulars sufficient to identify the insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the insured to the company or any of its authorized agents as soon as practicable. This loss cannot be considered an occurrence under the meaning of the term occurrence as stated under "definitions" in our insurance policy. This section reads: "occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured " Mr. Earl Bailey, representing Home Insurance Co. (our present insurance carrier since February, 1981) was present and stated that his company does not feel responsible for the claim because: 1. Coverage with their company started in February, 1981, and the damage came before February, 1981. The City Manager stated that repair estimates, that the Bohnhoff's obtained for the boathouse, are $8,500.00 which could be taken from the Liquor Fund. Councilmember Ulrick suggested that the City make all efforts to make Aetna understand that it is their responsibility to cover this claim. Councilmember Polston asked Mr. Bailey if in paying the $8,500.00, the City was admitting negligence? Bailey said to contact the City Attorney. Councilmember Swenson asked Mr. Bailey if the City was negligent, wouldn't the insurance company still have to pay the claim? Mr. Bailey said to contact the City Attorney. Swenson moved and Charon seconded to accept the recommendation of the City Manager to pay the $8,500.00, out of the Liqour Fund, to the Bohnhoffs for the damaged boathouse wall, but to talk to Curt Pearson, City Attorney, before paying and if in paying this claim the City admits negligence, that this payment be held back and referred back to the Council. The vote was unanimously in favor. Motion passed. Councilmember Polston stated that by the City paying this claim, that the insurance company should pay, it might set a precedence for future claims. Mr. Bailey mentioned that when an insurance contract is signed by the City, that the City cannot pay claims. Mrs. Bohnhoff was present and stated that repairing the boathouse now is of utmost importance so more damage does not occur. September 8, 1981 116 PAUL POND - DOWNTOWN ADVISORY COMMITTEE Deferred action on this until later in the meeting as Mr. Pond had not yet arrived. CHARITABLE ORGANIZATION 3.2 BEER LICENSE - OUR LADY OF THE LAKE FESTIVAL Charon moved and SWenson seconded to allow Our Lady of the Lake, 2385 Commerce Blvd., Mound, MN., a license to sell 3.2 beer from September 19, 1981, thru September 20, 1981. The vote was unanimously in favor. Motion passed. COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT No comment or suggestions were submitted at this time. APPLICATION FOR SUBDIVISION OF LAND ~RICHARD T. ANDERSON Mr. Richard Anderson was present to discuss his application for a subdivision in Block 11, Mound Terrace, PID #14-117-24-33-OOO8. The City Manager advised the Council that Mr. Anderson only had conceptual approval of the preliminary plat from the Planning Commission, that some things have ,been changed since this approval, and than the City Engineer has not given approval of this subdivision. Therefore, the City Manager recommend that the Council refer this subdivision back to the Planning Commission for final approval. Polston moved and Charon seconded a motion referring the Richard T. Anderson Application for subdivision back to the Planning Commission for their next meeting Monday, September 14, 1981, for their consideration and recommendations and to set a Public Hearing for this subdivision for September 29, 1981. The vote was unanimously in favor. Motion passed. FIRE HALL FENCE Mr. & Mrs. James Lassek, 2431Wilshire Blvd., Mound, MN., were present and presented their objections and reasons for objections to the Fire Hall and the new addition to it. Mr. Lassek presented a fence and shrub plan that he had someone draw up. After considerable discussion, by the Council and Mr. & Mrs. Lassek, Mr. Lassek asked for the following 4 items: 1. A privacy fence and some shrubbery to go along the fence. 2. Land from the new curb along the Fire Hall driveway to the existing lot line be deeded to them. 3. The area on the corner of Wilshire and Lakewood that the Street Improvement added to their lawn be deeded to them. 4. $10,000.OO in damages. Polston moved and Charon seconded a motion to have the staff evaluate the significant impact on the property and to make recommendations to the Council on what can be done. Roll call vote and the following voted in favor: Councilmember Polston. The following voted nay: Councilmember Charon, Swenson, Ulrick and Mayor Lindlan. Motion failed. The Mayor noted that he voted nay because he felt Mr. Lassek was indicating legal' action. UPDATE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The City Manager briefly explained the history of the Community Development Block Grant Program (C.D.B.G.) and explained that Hennepin County has planned and budgeted for the following activities in 1982. 117 September 8, 1981 Assessment Deferral $80,000 Rehabilitation Grants 20,000 (which is matched by the State of Minnesota) Downtown Work 5,775 Grant Administration 4,500 (which Hennepin County keeps) There is the sum of $5,000.00 for diseased tree removal grants that has not been spent and $500.00 in the land clearance project that has not been spent. The Planner had recommended that this money be reprogramed as follows: $2,000.00 to downtown study and $3,500.00 to comp. plan. After discussion, it was the consensus of opinion of the Council that this money should be reprogramed into assessment deferral because of the 1981 Street Assessment. Polston moved and Swenson seconded a motion. RESOLUTION 81-296 TO AMEND RESOLUTION #81-109 AND REPROGRAM $5,500.00 TO ASSESSMENT DEFERRAL BECAUSE OF THE 1981 STREET ASSESSMENT. The voted was unani'mously in favor, Moti'on passed. STREET CONSTRUCTION REPORT The City Manager gave the following report. The County Road is inching along, especially the South section. All the utility work is done in most sections that they are working on. The County reports that they are relatively on schedule even with the loss of a week with the rain. City streets: Hardrives is in a fine period of $900.00 per day and the Engineer is pushing them. All the bituminous work in the City is done except for the final wearing coat on Tuxedo. There are 167 items on the 80-81 punch list (many are small). The sod contractor is doing a very poor job. We are monitoring the project closely, giving them time to clean up before we walk the 80-81 project so we don't have to add to the punch list. REQUEST TO CONSIDER SELLING CITY LAND The City Manager asked if the City would be interested in selling about 3 acres north of the railroad tracks (PID #23-117-24 22 OOO1) off of Westedge Blvd., behind the Old Sewer Plant. After some discussion, it was decided not to take any action at this time and to hold this piece of land as a possible future site for a City Maintenance Garage. COMMUNITY BAND DAY RESOLUTION A letter was submitted from Westonka Community Services regarding the two fine years of entertainment that the Community Band has provided for the citizens of Mound. In o:'der to develope public awareness and give community recognition to the Community Band, they are urging the first annual Community .Band Day on October 10, 1981. Polston moved and Charon seconded a motion. RESOLUTION 81-297 RESOLUTION TO PROCLAIM OCTOBER 10, 1981, AS COMMUNITY BAND DAY. The following voted in favor thereof: Councilmembers Charon, Polston, Swenson and Mayor Lindlan. Councilmember Ulrick abstained. Motion passed September 8, 1981 ll8 DEFERRED ACTION FROM EARLIER PAUL POND - DOWNTOWN ADVISORY COMMITTEE Paul Pond was present. Ulrick moved and Swenson seconded a motion to approve the City Planner's request for $1235.00 of the $4326. for the Land and Use Building Surveys and Assessment Work Program for the Downtown Business Committee. The vote was unanimously in favor. Motion passed. LEAGUE OF WOMEN VOTERS Polston moved and Swenson seconded a motion. RESOLUTION 81-298 A RESOLUTION COMMENDING THE LEAGUE OF WOMEN VOTERS The vote was unanimously in favor. Motion passed. TREE REBATE PAYMENTS Swenson moved and Polston seconded a motion to approve the Diseased Tree Rebate List #20 in the amount of $2626.00. The vote was unanimously in favor. Motion passed. TRANSFER OF FUNDS Swenson moved and Charon seconded a motion to authorize the transfer of certain Funds listed on the Bills for September 8, 1981. The vote was unanimously in favor. Motion passed. PAYMENT OF BILLS Swenson moved and Polston seconded a motion to approve the payment of the bills as presented on the pre-list in the amount of $114,382.88 when funds are available. Roll call vote was unanimously in favor. Motion passed. MISCELLANEOUS PECAN LANE PARKING Polston moved and Swenson seconded a motion instructing the City Manager to check with Curt Pearson, City Attorney, on this matter and see what the background is and what he recommends. The vote was unanimously in favor. Motion passed. Swenson moved and Polston seconded a motion to adjourn to the next regular meeting on September 22, 1981 at 7:30 P.M. lam, City Manager BILLS .... SEPTEMBER 8, 1981 Earl F. Andersen 62.26 Anthonys Floral 88.00 Acro-Minnesota 93.25 Bryan Rock Prod 140.52 Bowman/Barnes 114.96 Holly Bostrom 100.00 " " 126.50 Ron Bostrom 280.00 Buffalo Bituminous 27~849.13 Bill Clark Oil 4,090.82 Lance Coppin Sewer 271.50 Commissioner of Employee Relatn 28.52 Community Develop Div 24.00 Gary Cayo 63.75 Dependable Serv. 33.00 Duanes 66 Serv 264.00 Dundee Nursery 250.00 Duebers Big V 10.35 Diseased tree rebates 2,626.00 EJM Pipe Services 2,774.60 Jon Elam 16.08 First Nat'l Bank St. Paul 225.00 Feedrite Controls 2,513.42 Glenwood Inglewood 78.75 Steve Grand 130.25 Eugene Hickok & Assoc 79.17 Human Resource Consultants 250.00 Henn Co. Land Dept 154.50 Henn Co. Chiefs Police 15.00 Henn Co. Treasurer 32,627.00 Hardrives, Inc. 113,809.39 " " 25,306.12 Roger Illies 160.00 Frank Jedlicki 13,874.28 Jones Chemicals 166.00 Herman Kraft 101.43 The Laker 92.35 Long Lake Ford Tractor 36.30 City of Minnetrista 706.00 Marina Auto Supply 231.98 Marina OK Hdwe 19.49 McCombs Knutson 3,171.00 Mound Hdwe 63.82 Metro Fone Communication 35.40 Minn Comm 28.50 TRANSFERS Street to Imp & Equip Outlay Park " " " " Finance " " " " Elections " ii Diseased Trees " ,i ,, Sewer " " ,, ,i Water ,, II II II Cemetery ,i ,, ,, ,, 1,666.66 333.33 80.17 25.00 176.66 375.00 416.67 25.OO Mound Postmaster Mound Body Shop Richard John Miller No Central Sect. AWWA Planning & Develop. Serv Timothy Piepkorn Ridgedale Ford Don Rother Scott Racek Robt. Shanley Don Streicher Guns Sheriffs Dept-Henn Co. Swenson Nursery Village Chev. Van Waters & Rogers Widmer Bros. State Bank of Mound TOTAL BILLS LIQUOR BILLS City of Mound Real One Acquisition Regal Window Clean Johnson Paper Nels Schernau Bradley Exterm Mound Hdwe Kool Kube A.J. Ogle Butchs Bar Supply Coca Cola Day Distrib East Side Bev. Gold Medal Bev Home Juice Jude Candy City Club Distrib Midwest Wine The Liquor House Pepsi Cola/7 Up Pogreba Distrib Thorpe Distrib Tombstone Pizza Total Liquor Bills G"RAND TOTAL-ALL BILLS 220.00 120.00 1,695.00 592.50 12.41 46.20 50.50 68.86 2.25 203.00 120.44 6.69 358.20 836.50 12.50 237,875.32 21.10 675.00 10.75 221.57 25.56 38.OO 1 74 26800 3,230 30 104 60 299 15 5,78O 10 4,876 50 126.25 8.O8 152.25 2,633.35 1,143.26 1,738.~8 20O.70 4,565.85 4,563.60 27.5O 30,711.39 268,586.71 Street to Shop & Stores Sewer l, ,, ,, Water II II Parks " " " Bldg Inspector" ,I Police " " " 267.50 12.03 242.58 106.83 76.40 476.31 Liquor to General 1,500.00