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