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1981-09-29REGULAR MEETING OF THE CITY COUNCIL 131 September 29, 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 29, 1981, at 7:30 P.M. Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Gordon Swenson, and Robert Polston. Councilmember Don Ulrick was ab~e~t and excused. Also present were City Manager, Jon Elam; City Attorney Jim Larson; City Enginee~ John Cameron; Building Inspector, Henry Truelsen; Secretary Fran Clark and the following interested citizens: Tom Watson, John Munkelwitz, Jeannette Rivers, Randi Saba, W. H. Hillier, Mr. & Mrs. W. R. Netka, Hal Borg, Orv Fenstad, Philip Hofherr, Mrs. Macius, George Millford, and James Broucksou. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the September 22, 1981, Regular Council Meeting were presented for consideration. Swenson moved and Charon seconded a motion to approve the minutes of September 22, 1981, Regular Council Meeting, as submitted. The vote was unanimously in favor. Motion passed. PUBLIC HEARING - ASSESSMENT CENTRAL BUSINESS DISTRICT PARKING MAINTENANCE The Mayor explained that this Public Hearing is .being held to hear any objections before the Council certifies the cost the City assesses the downtown business people for street lighting, parking lot sweeping and plowing, etc. for 1982. The City Manager stated that all affected people were notified and the Public Hearing was published according to the law. The Mayor opened the Public Hearing and asked for any objections or comments. Mr. Hillier (PID #14-117-24 44 0036 - Ben Franklin Store) stated that, in the pamt, he has paid for all the maintenance and blacktop for the parking lot on the South side of his building and has not received any credit for parking lot available. He would like to receive a credit on his assessment for the 110' south of his building in the amount of $7.OO per lOI area or $70.OO but would settle for paying his entire assessment of $654.94 this year if they can get into the program next year and the city takes over the maintenance of this lot. Mayor Lindlan said it would take approximately a 2 yea[ period of adjustment to makeup the inequalities that have been established and to reflect this credit in future assessments. Also to try to get permission from the railroad to get a complete blacktop lot to within 20' of the center of the tracks so that the lot is maintainable and the City doesn't have to regravel every year. Mr. Hillier said this was very satisfactory. There were no other objections or comments and the Mayor closed the Public Hearing. Charon moved and Swenson seconded the following Resolution: RESOLUTION 81-316 RESOLUTION THAT THE CENTRAL BUSINESS DISTRICT MAINTENANCE ASSESSMENT IS APPROVED AND BE LEVIED AS PER THE ASSESS- MENT ROLE IN THE AMOUNT OF $10,549.36 FOR 1982. The vote was unanimously in favor. Motion passed. 132 September 29, 1981 PUBLIC HEARING - SPECIAL USE PERMIT FOR A YOUTH CENTER/ARCADE -TOM WATSON Mayor Lindlan gave the Mayor's chair to Councilmember Polston because of a possible conflict of interest. Acting Mayor Polston opened the Public Hearing. The following people were present objecting to the youth center/arcade for reasons and:comments stated: Randi Saba - Their property is adjacent to the building and is residential. Noise for the building which they already hear without the arcade. The alley next to the property is their only access to and from the street. Possible trespassing by the patrons of the arcade. Bill Netka - Interested in how parking will be handled. Noise and who will do policing of outside for trash. Afraid there will be trespassing on his apartment property. Orv Fenstad - Questioned fire safety of the proposed sight. Thought it would be better out of the downtown area, I.P. Hall or the Depot. Asked about supervision of the establishment. Hal Borg - Owns the Professional Building across the alley and is worried about the limited parking for his building being used by the patrons of the arcade. Traffic on Auditor's Road is a definite problem. W. H. Hillier - Thought this was the worst thing to happen to the downtown area and businesses. The senior citizens are already feeling harassed by the youth at the Mound Clinic. Felt the Depot would be a better place for a community center and it has parking also. Tom Watson presented the following: 1. Proposed hours so there would not be a conflict with church or school: Monday thru Friday 2:30 P.M. to 9:00 P.M. Saturday 2:30 P.M. to 10:00 P.M. 2. He will police the area around the building and the parking lot adjacent, east of the building. 3. He is proposing to provide handicap parking and bike racks out in front of the building. 4. He stated the building is insulated and he didn't feel noise would be a factor. 5. There will be adult supervision on the premises at all times the arcade is open. 6. He proposes to have the place carpeted and have a couple of pool tables, video games (which are very quiet), foosball and serve deli type sandwiches, pizza and pop. At this point in the Public Hearing, Councilmember Ulrick arrived. The City Attorney explained a special use permit and explained that an arcade is a permitted use under the Zoning Ordinance and can be granted by the Council with certain conditions to be determined by the Council. This permit is also only granted for a year at a time and is renewable only at the Council's discretion. 133 September 29, 1981 Councilmember Ulrick stated that he would have to abstain from voting on this issue this evening because he was late and would like to have benefit of the tape from the early part of the public hearing before he would vote. He also stated that he would like to see some stipulations, in writing, governing this operation. Councilmember Charon gave some examples of what she would like to see in the stipulations. a. Hours: Monday thru Friday 2:30 P.M. to 9:00 P.M. Saturday 2:30 P.M. to 10:00 P.M~ b. Bike racks provided. c. Adult supervision at all times. d. Designated parking for the professional building across the street. e. Daily policing of the area for trash, etc. At this point, it was decided that the only fair course of action was to continue the Public Hearing and draw up a Resolution for the Special Use Permit with certain stipulations and present them to Tom Watson and the interested citizens for consideration. This would also give Councilmember Ulrick time to listen to the tape and make a fair decision in the voting. Ulrick moved and Swenson seconded a motion to continue the Public Hearing on October 6, 1981, and directing the staff to prepare a resolution for a Special Use Permit with stipulations governing the operation of this arcade. The vote was unanimously in favor. Motion carried. Acting Mayor Polston closed the Public Hearing. PUBLIC HEARING - DELINQUENT UTILITY BILLS Acting Mayor Polston opened the Public Hearing and asked for any comments or objections from the public. Hearing none he closed the Public Hearing. Charon moved and Pol~ston seconded the following Resolution. RESOLUTION 81-317 RESOLUTION APPROVING THE DELINQUENT UTILITY BILLS AS SUBMITTED. The following voted in favor thereof: Councilmembers Charon, Polston and Ulrick. Councilmember Swenson and Mayor Lindlan were absent. Motion carried. Councilmember Charon.left at this point. Councilmember Swenson returned and Acting Mayor Polston gave the Mayor's chair back to Mayor Lindlan. PUBLIC HEARING - STREET VACATION - OXFORD LANE FROM 'HANOVER TO ISLAND VIEW DRIVE The City Manager explained that the Planning Commission has approved this vacation of the undeveloped street and that there were no objections from any of the utlity companies as long as a utility easement was retained. The Mayor opened the Public Hearing. Mr. James,Broucksou and Mr. Philip Hofherr were present. They are the abutting property owners on each side of this proposed vacation. Mrs. Jeannette Rivers was present and had no objection to vacating except that there are alot of undeveloped lots in the area. The Mayor closed the Public Hearing. Polston moved and Swenson seconded the following resolution. RESOLUTION 81-318 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND VACATE OXFORD LANE FROM HANOVER ROAD TO ISLAND VIEW DRIVE AND RETAIN OUR UTILITY EASEMENT. 134 September 29, 1981 The vote was unanimously in favor. Motion carried. PUBLIC HEARING - STREET VACATION - WEST PORTION OF LANGDON LANE CUL-DE-SAC ABUTTING LOTS 8 & ~, BLOC~...I., MACK'S ADDITION The City Manager explained that the Planning Commission has approved the vacation, that the cul-de-sac is only platted and not actually there, and that the utilities had no objections. The Mayor opened the Public Hearing. Mrs. Doris Macius and Mr. George Milford, neighbors to Mr. John Munkelwitz who requested the vacation, had no objections to the vacation and asked if the entire cul-de-sac could be vacated. They were informed that they would have to put in an application for vacation and another Public Hearing held in order to give notice to the affected property owners. The Mayor closed the Public Hearing. Mayor Lindlan stated that he was solidly against the vacation because he feels that the cul-de-sac will be needed in the future, and there is no turn around now unless you pull into a private driveway. Polston moved and Swenson seconded the following resolution. RESOLUTION 81-319 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND VACATE THE WEST PORTION OF LANGDON LANE CUL-DE-SAC ABUTTING LOTS 8 & 9, BLOCK 1, MACK'S ADDITION, ~ RETAINING OUR UTILITY EASEMENTS. The vote was three in favor with Mayor Lindlan voting nay. Motion carried. APPLICATION FOR STREET LIGHT INSTALLATION - FERNSIDE LANE The City Manager presented a petition, signed by residents of Fernside Lane, requesting a street light to be placed half way between each corner and asked what the policy was on putting a street light in the middle of the street. The Council said that policy has been to put in street lights at the corners first unless there was a real problem. Lindlan moved and Ulrick seconded a motion for the City Manager to review this situation and come back to the Council with his recommendation. The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT The Mayor asked for any comments or suggestions by citizens present. Orv Fenstad: Liked the spirit at the Council table with the City Manager. Was concerned about torn up road, due to construction, on County Road 15 & Lynwood Blvd., Auditors Road and County Road 110 and t'he access to County Road llO at Continental Telephone. Also would like someone to talk to the County about the driveway into the Masonic Lodge. DISCUSSION ITEMS .MINNEGA~OFRANCHISE AND CABLE TV The City Manager informed the Council that Minnegasco's Franchise with the City of Mound will expire at the end of this year. He recommends that the Council amend the ordinance to include a franchise fee for Minnegasco to operate in the City. 'There was discussion on this and some research will be done and brought back to the Council before a Franchise is approved. 135 September 29, 1981 CABLE TV Discussion on getting other communlt~es to go ~nto th~s cooperatively and whether it is feasible fOr the City to run such a franchise as a way to generate revenue. This will be checked into further and brought back to the Council for review. 3.2 BEER PERMIT - MOHAWK JAYCEE'S Swenson moved and Polston seconded a motion granting a charitable organization, the Mohawk Jaycees of Westonka, a .3.2 Beer License for October 30, 1981. The vote was unanimously in favor. Motion carried. AUDIT CONTRACT FOR 1982 The City Manager recommended retaining the same firm, George M. Hansen, P.A., for the 1981 Audit. Swenson moved and Polston seconded a ~ tion to 0pprove the.George M. Hansen Company, P.A., to conduct the 1981 Audit for the City of Mound and have their report in no later than March 30, 1982. The vote was unanimously in favor. Motion carried. PAYMENT OF DEFERRED ASSESSMENT - ARDELL ZlEBELL The City Manager explained that Ardell Ziebell, 1724 Sumach Lane, PID #13-117-24 11 0038 has paid off her deferred assessment for the 1979 Street Improvement and that he needs a Resolution to send to the County so that they will delete this from their records. Ulrick moved and Swenson seconded the following resolution. RESOLUTION 81-320 RESOLUTION ACCEPTING PAYMENT OF DZFERRED ASSESSMENT FOR 1979 STREET IMPROVEMENT FROM ARDELL ZlEBELL, PID #13-117-24 11 0038 AND NOTIFYING THE COUNTY TO DELETE FROM THEIR RECORDS. The vote was unanimously in favor. Motion carried. METROPOLITAN CLINIC OF COUNSELING - ANNUAL CONTRACT The City Manager explained that this is part of the City Employee Fringe Benefit Package and asked for authorization to sign the contract. Ulrick moved and Swenson seconded the following resolution. RESOLUTION 81-321 RESOLUTION APPROVING THE METROPOLITAN CLINIC OF COUNSELING CONTRACT AND AUTHORIZING THE CITY MANAGER TO SIGN - FOR THE YEAR 1982. The vote was unanimously in favor. Motion carried. REFUND OF DOCK PERMIT FEES Ulrick moved and Polston seconded the following resolution. RESOLUTION 81-322 RESOLUTION APPROVING REFUNDS FOR PERSONS PAYING DOCK FEES AND NOT ASSIGNED TO A DOCK (AS PER LIST FROM THE DOCK INSPECTOR. The vote was unanimously in favor. Motion carried. 136 September 29, 1981 DOCK REPORT The City Manager went over the report submitted by the Dock Inspector. Summary was: 380 assigned dock sites 38 people sharing docks 31 Senior Citizen docks 21 people paid fee and did not install a dock 7 sailboat buoy permi ~ issued REBATE DISEASED TREES Polston moved and Ulrick seconded the following resolution. RESOLUTION 81-323 RESOLUTION APPROVING THE REBATES FOR DISEASED TREES AS SUBMITTED BY THE TREE INSPECTOR (REBATE LIST #21) The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS Polston moved and Swenson seconded a motion to approve the payment of the bills as submitted on the pre-list in the amount of $46,334.36, when funds are available. Roll call vote was unanimously in favor. Motion passed. INFORMATION/MISCELLANEOUS APPOINTING ACTING CITY CLERK AND ACTING CITY TREASURER Polston moved and Swenson seconded the following resolution. RESOLUTION 81-324 RESOLUTION APPOINTING JUDITH A. FISHER AS THE ACTING CITY CLERK AND MARJORIE STUTSMAN AS THE ACTING CITY TREASURER. The vote was unanimously in favor. Motion carried. ARENA Mayor Lindlan feels that the School District will be asking us for help on engineering costs and input on the design of the parking lots and access points to County Road 110 for the arena. The Council felt that if the City of Mound were asked that Spring Park and Minnetrista should also be asked to contribute because their residents will also be using this facility. No action taken. WESTONKA TAXI The City Manager reported that he has been contacted by their insurance carrier and told that Westonka Taxi's insurance is being cancelled and therefore their License to operate in the City of Mound will have to be revolked. No Action. COUNCILMEMBER SWENSON Councilmember Swenson would like some action by the City staff on the following: 1. At the corner of Devon and Manchester there is a hedge that is approximately 8~ high and could cause an accident because you cannot see around the corner. 2. There are also 2 large fish houses on City property at the corner of Waterbury and Tuxedo that you cannot see around at the corner and could also cause an accident. 3. There is a boathouse on the Devon Commons that has been completely remodeled without a building permit about 2 years ago and should not even be there. 137 September 29, 1981 The Building Inspector stated that this Devon Commons item was given to the City Attorney 2 years ago. The City Manager will check on the other two items and with the City Attorney and report back to the Council. STREET LIGHTS - DOWNTOWN CORNER OF COUNTY ROAD llO AND 15 The City Manager explained that the two street llghts on the corner of County Road 110 and 15 on the signal lights would be different than the rest of the street lights unless we pay the county the difference between those arms and bases and the ones that we want. Ulrick moved and Swenson seconded a motion authorizing payment to the County of $204.00 for 2 arms and $280.00 for 2 bases for the two street lights at the Corner of County Roa~ 110 and 15. The vote was unanimously in favor. Motion carried. LMCD Councilmember Polston explained that he has talked to our State Legislator about disbanding the LMCD. Polston would like to see the DNR and the cities administer the policies of the LMCD and the LMCD disbanded because 75% of the monies collected goes into salaries. The Council decided to have our LMCD representative, OF~ Fenstad, come and speak to the Council about this before initiating any action. tIZZY.STREET LIGHTS FOR THE DOWNTOWN AREA The City Manager explained that the specs were written to be as open as possible so no one street light manufacturer would end us having exclusive bid so the specs said "this light or approved equalI'. Therefore the contractor, who got the bid, says that the ITT light is the equivalent of the McGraw-Edison light, which was the one that everyone wanted. The McGraw-Edison light could be supplied but at an additional cost of from $5000.00 to $7000.00. John Cameron said the NSP has parts and will maintain them for either light. The Council felt that they wanted the McGraw-Edison light because of the shape and did not want the ITT light. Ulrick moved and Swenson seconded a motion directing the Engineer to reject the street light from ITT because the light does not meet specifications and is not the equivalent to the McGraw-Edison light. The vote was uanimously in favor. Motion carried. CHANGE ORDER #2 - HARDRIVES Ulrick moved and Swenson seconded the following resolution. RESOLUTION 81-325 RESOLUTION APPROVING CHANGE ORDER NO. 2 - STATE AID PROJECT NO.145-101-O6 (TUXEDO BLVD.) IN THE AMOUNT OF $1975.00. The vote was unanimously in favor. Motion carried. 138 September 29, 1981 Swenson moved and Ulrick seconded at motion to adjourn at 11:00 P.M. The vote was unanimously in favor. So adjourned. Fran Cl-ark~ Secretary- J~~Elam, City Manager BILLS ..... SEPTEMBER 29, 1981 Acro-Minnesota Badger Meter Burlington Northern Chaska Yamaha Commissioner of Revenue Dock Refunds Dust Coating, Inc. Davies Water Equip Jon Elam Henn Co. Finance IBM Wm. Koen ig MacQueen Equip Mound Super Valu Mound Postmaster Metro Waste Control NSP Poucher Printing Reo Raj Kennels Swenson Nursery Tri State Drilling Travis Rock & Sand Xerox Griggs, Cooper Johnson Bros. Liquor Ed Phillips & Sons 67.37 139.19 533.33 103.74 3,581.32 632.5O 16,190.70 235.56 29.35 51 O.O0 63.25 258.OO 26.24 23.97 100.00 78.39 14,987 25 1,O31 99 274 40 3o8 5o 51 33 1,297 75 87.5O 572.68 1,408.91 2,729.94 1,Oll.20 TOTAL BILLS 46,334,36