1981-10-06 142
October 6, 1981
REGULAR MEETING
OF THE
CITY COUNCIL
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 October 6, 1981, at 7:30 P.M.
Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert
Polston, Gordon Swenson and Don Ulrick. Also present were City Manager, Jon
Elam; City Attorney, Curt Pearson; Secretary, Fran Clark and the following
interested citizens: Carol Lindstrom, Jim Murdo and John Munkelwitz.
The Mayor opened the meeting and welcomed the people in attendance.
MINUTES
The Minutes of the September 29, 1981, Regular Council Meeting were presented
for consideration. Swenson moved and Charon seconded a motion to approve the
minutes of September 29, 1981, Regular Council Meeting, as submitted. The vote
was unanimously in favor. Motion carried.
The Minutes of the September 30, 1981, Special Council Meeting and Public
Hearing were presented for consideration. Swenson moved and Charon seconded a
motion to approve the minutes of September 30, 1981, Special Council Meeting
and Public Hearing, as submitted. The vote was unanimously in favor. Motion
carried.
PUBLIC HEARING - UNPAID WATER & SEWER CHARGE ASSESSMENT
Presented was an affidavit of publication in the official newspaper of the
notice of public hearing on said Unpaid Water and Sewer Charge Assessment.
The Mayor than opened the Public Hearing for input on said Water and Sewer
Charge Assessment and persons present to do so were afforded an opportunity
to express their views. No persons presented objections and the Mayor then
closed the public hearing.
Polston moved and Charon seconded the following Resolution.
RESOLUTION 81-327 RESOLUTION ADOPTING THE DELINQUENT UTILITY ASSESSMENT
ROLL IN THE AMOUNT OF $1,072.19 TO BE CERTIFIED TO
THE COUNTY TO BE SPREAD OVER 1 YEAR AT 8%.
The vote was unanimously in favor. Motion carried.
VARIANCE APPLICATION - JOHN MUNKELWITZ, 2239 LANGDON LANE, LOT 9, BLOCK 1,
MACK'S ADDITION - PID #14-117-24 43 0035
The City Manager explained that this variance application should have
accompanied his street vacation request at the September 29, 1981, Council
Meeting but that due to an oversite, it was not discussed. The Planning
Commission has recommended approval of the 28' front yard variance and
the 8' side yard variance in order for Mr. Munkelwitz to build his garage.
Councilmember Polston said that he thought last week when the vacation was
granted that a variance would not be needed. Concern was voiced about
not enough distance from the road right-of-way to the garage door.
143
October 6, 1981
Swenson moved and Charon seconded the following Resolution.
RESOLUTION 81-328 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
AND GRANT A 28' FRONT YARD VARIANCE AND A 8' SIDE
YARD VARIANCE AND APPROVE THE GARAGE FOR
PID #14-117-24 43 OO35-JOHN MUNKELWITZ.
The vote was 3 in favor with Councilmembers Polston and Lindlan voting nay
Motion carried. .
PROCLAMATION "NATIONAL F~TNESS WEEK"
The Mayor is asking that the City recognize National Fitness Week.
Polston moved the following Proclamation. Councilmember Charon seconded.
RESOLUTION 81-329 RESOLUTION TO PROCLAIM THE WEEK OF OCTOBER 10, 1981
TO OCTOBER 17, 1981, AS NATIONAL FITNESS WEEK AND
OCTOBER 10, 19~1, AS NATIONA FITNESS DAY IN MOUND.
The vote was unanimously in favor. Motion carried.
MOUND-SPRING PARK WATER CONNECTION
George Boyer of Eugene A. Hickok and Assocates was present to present
the plans and specifications for the joint Mound-Spring Park Water
Connection on C.S.A.H. 125. He explained that the hardest job has been
coordinating plans with the County to coincide with their removal and
replacement of the bridge between Black Lake and Spring Park Bay. The
County has changed their plans 3 times.
Some of the concerns of the Council about this connection were:
1. Wi1! Spring Park have enough water to supply us?
2. Spending $35,000,00 for a cross connection when we need an adequate
storage facility in Island Park instead.
3. Would likea letter from Spring Park approving this connection and
committing their $35,000.00 to this project.
The City Manager explained that this connection would be, in a sense,
an insurance policy for Island Park in case of an emergency. If Spring
Park did not have enough water to supply, they could cross-connect and
get water from Orono thru their lines to ours.
Ulrick moved and Charon seconded the following Resolution.
RESOLUTION 81-330 RESOLUTION TO APPROVE THE PLANS AND SPECIFICATIONS
SUBMITTED BY EUGENE A. HICKOK AND ASSOCIATES FOR
THE MOUND-SPRING PARK WATER CONNECTION C.S.A.H. 125
AFTER THEY HAVE BEEN CHECKED BY THE CITY ATTORNEY.
The vote was 4 tn favor with Councilmember Polston voting nay. Motion
carried.
Charon moved and Swenson seconded a motion to set a date for the bid
opening after Spring Park approve the plans and specifications and
Mound has a letter from them allocating their $35,000.00 to the project.
The vote was 4 tn favor with Councilmember Polston voting nay. Motion
carried.
Councilmember Polston asked about a storage facility for Island Park and
would like an updated report from Eugene A. Hickok and Associates on this.
144
October 6, 1981
METRO SEWER REPORT - CITY MANAGER
The City Manager reported that the C~tY~$ Metro Sewer charges will increase
15% ab°ve this year in 1982, 25% above the 1982 figure in 1983 and 35%
above the 1983 figure in 1984. This will happen because all the bond payments
and the principal payments of those bonds, for all the capital work Metro
has done in those plants continues to come on line and continues to grow.
Therefore, maybe we should take a look at not tieing our sewer rates to
water usage but instead go to a set rate per month for sewer.
ADMINISTRATIVE REIMBURSEMENT - CDBG FUNDED HOUSING REHAB. GRANT PROGRAM
Hennepin County is requesting authorization for a 7% administrative
reimbursement for program administration of the CDBG funded Housing
Rehabilitation Grant Program.
Ulrick moved and Charon seconded the following Resolution.
RESOLUTION 81-331 RESOLUTION ADOPTING PROCEDURAL GUIDES FOR THE CDBG
YEAR VII HOUSING REHABILITATION GRANT PROGRAM
COVERING THE P~IODJULY 1, 1981 TO JULY 1, 1982.
The vote was unanimously in favor. Motion carried.
RESOLUTION LEVYING DEFERRED AND SUPPLEMENTAL ASSESSMENTS
Ulrick moved and Swenson seconded the following Resolution.
RESOLUTION 81-332 RESOLUTION LEVYING DEFERRED AND SUPPLEMENTAL ASSESS-
MENTS UPON WAIVER OF FORMALITIES; DIRECTING PREPARATION
OF ABSTRACT; AND DIRECTING CERTIFICATION TO THE COUNTY
AUDITOR (LEVY 7928)
The vote was unanimously in favor. Motion carried.
Swenson moved and Charon seconded the following Resolution.
RESOLUTION 81-333 RESOLUTION LEVYING DEFERRED AND SUPPLEMENTAL ASSESS-
MENTS UPON WAIVER OF FORMALITIES; DIRECTING PREPARATION
OF ABSTRACT; AND DIRECTING CERTIFICATION TO THE COUNTY
AUDITOR (LEVY 3180)
The vote was unanimously in favor. Motion carried.
Swenson moved and Charon seconded the following Resolution.
RESOLUTION 81-334 RESOLUTION LEVYING DEFERRED AND SUPPLEMENTAL ASSESS-
MENTS UPON WAIVER OF FORMALITIES; DIRECTING PREPARATION
OF ABSTRACT; AND DIRECTING CERTIFICATION TO THE COUNTY
AUDITOR (LEVY 3388)
The vote was unanimously in favor. Motion carried.
Ulrick moved and Swenson seconded the following Resolution.
RESOLUTION 81-335 RESOLUTION LEVYING DEFERRED AND SUPPLEMENTAL ASSESS-
MENTS UPON WAIVER OF FORMALITIES; DIRECTING PREPARATION
OF ABSTRACT; AND DIRECTING CERTIFICATION TO THE COUNTY
AUDITOR (LEVY TREE REMOVAL)
The vote was unanimously in favor. Motion carried.
145
October 6, 1981
DOCK APPLICATION
The City Hanager presented the proposed 1982 Dock Application, There
was discussion on whether to mail dock notices or put a notice in the
newspaper and save the postage, The Council decided they would rather
see the notices mailed. Councilmember Swenson felt ,with the waiting
list, that people who take out a permit and do not construct a dock
should not be given a permit. The attorney suggested some language
changes in the application.
Swenson moved and Charon seconded a motion to approve the dock application
with the third to the last paragraph to read,"Any false information given
or violations of Dock Ordinance 332 shall be reason for denial or
revocation of permit". The vote was unanimously in favor. Motion carried.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
Jim Murdo, President of Seahorse Condominium Association - Asked if there
would be any further discussion on the assessment that was approved
September 30, 1981. The City Attorney responded that the roll is now
adopted, the Council has a~ted on the assessment and that the Seahorse
letter accepted September 30, 1981, is to preserve their right to appeal
legally in court. Mr. Murdo stated that he did not understand that
there was to be no more discussion on their objection to the unit charge.
Mr. Murdo stated that the Seahorse has strived for 1½ years to get this
unit charge straightened out. The City Attorney explained that the
Engineer (the City's representative) met with the Seahorse people to
explain the assessment. He went on to explain that the City Council
cannot meet with them separately by law. They should have asked to be
put on the Agenda of a Council meeting long ago. Councilmember Ulrick
told Mr. Murdo that the reason he didn't want to close the public hearing
on September 30, 1981, before the coffee break was because he thought the
Seahorse would come back with a presentation besides the letter. But
there were no comments after the break and therefore the City Council
acted on the assessment roll. Mayor Lindlan stated that he was under a
complete misunderstanding because he thought the Council would act on
the ll objections within the 30 days after the hearing. The other
Councilmembers stated that they had understood that the assessment hearing
was for certifying the assessment roll and that after that the roll could
not be changed.. Councilmember Ulrick stated that, as a Council, they have
adopted the assessment roll as of September 30, 1981. Mayor Lindlan stated
that he realizeS now that a written objections, presented at a Public
Hearing, does not constitute further action, by the Council on that item.
No action taken. ,
CABLE TV COMHITTEE UPDATF
The City Manager reported that the Cable TV Committee has submitted
a budget proposal for 1982 that asks Mound to contribute S4244.40,,
Minnetrista SlO30.OO, Spring Park $25.50 and St. Bonifacius ($299.60).
He stated that he felt this was unfair as each community has equal
policy voting power and that the Council should rescind Resolution 81-164.
Polston moved and Swenson seconded the following Resolution.
RESOLUTION 81-336 RESOLUTION TO SUSPEND ANY CONSIDERATION OF THE CABLE
TV COMMITTEE'S BUDGET PROGRAM FOR 1982 UNTIL SUCH
TIME AS A COMMON UNDERSTANDING IN THE AREAS OF FINANCIAL
COST SHARING AND VOTING REPRESENTATION IS DEVELOPED.
The vote was unanimously in favor. Motion carried.
146
October 6, 1981
It was suggested that a member of the Cable TV Committee should come and
speak to the Council.
SCHOOL DISTRICT LETTER - 110 CURB CUTS BY THE ARENA
The City Manager present a letter from the School District regarding the
curb cuts on County Road 110 by the Arena. They are asking the city to
participate by conlzibuting the money for this now and then assessing
that contribution back, over a several year period, to the School District
or the Arena.
Councilmember Ulrick is abstaining from this item on the basis that he is
an employee of the School District.
The City Attorney suggested that an agreement, in writing from the
School District, regarding the fact that they want this assessed back to
them would be in order.
Swenson moved and Polston seconded the following Resolution.
RESOLUTION #81-337 RESOLUTION TO AUTHORIZE THE CITY MANAGER TO REQUEST
THAT THE COUNTY ENTER INTO A CHANGE ORDER TO
CONSTRUCT THE PICK UP AND LOADING AREA ON COMMERCE
BLVD. IN FRONT OF THE SCHOOL PARKING LOT CONTINGENT
UPON RECEIVING, FROM THE SCHOOL DISTRIC~ A WRITTEN
AGREEMENT THAT THEY WILL STAND 100% OF THE COST WHICH
IS TO BE IN THE FORM OF AN ASSESSMENT FOR THE
SCHOOL DISTRICT.
The vote was four in favor with Councilmember Ulrick abstaining because of
a potential conflict of interest. Motion carried.
BURLINGTON NORTHERN LEASE
The City Manager reported that the railroad has finally submitted a lease
for the property by the Seton Bridge. In this lease they want $175.00
for the 1st 10 years and $100.00 for each 10 years thereafter. The Council
was asked if they felt the City should pay this or the people who want
the fence installed. The Council felt that since we solicited the
Engineer to get bids, we approved the bids and are holding the money for
the fence that it would be better if the lease were in the people's names
and that they should pay for the lease.
Polston moved and Charon seconded a motion that if the Burlington Northern
negotiates a lease arrangement with the people directly, the City Staff
would consider the matter released to the people to take the fence matter
from here. The vote was unanimously in favor. Motion carried.
STAFFING STATEGIES
The City Manager brought the Council up to date on what is going on at
City Hall. He asked if City Hall could be closed on Friday, October 9,
1981, in order to move some desks and furniture around. The Council had
no objections.
POLICE DEPT. MOVE
The Mayor asked if anything further has been done about moving the
Police Dept. to the Community Services Building in downtown Mound
because the school will not hold the space indefinitely.
147
October 6, 1981
Councilmember Polston stated that he cannot see spending this type of
money to move the Police Dept. with the tight financial situation.
The City Manager asked if the Council felt he should explore the move.
Councilmember Ulrick mentioned several items: 1. The downtown people feel the Police Dept. should be more visible
in town.
2. He has not seen any proposals from the school.
3. There is no conflict of interest in this matter because he is
not involved in this as all.
4. That the Council needs to arrive at a decision and before they
can decide, they have to have all the fact and figures.~
Ulrick moved and Charon seconded a motion to authorize the City Manager
to move forward and bring, to the Council, as refined a proposal as
possible on the costs and various options. The vote was unanimously in
favor. Motion carried.
TRANSFER OF FUNDS
Ulrick moved and Swenson seconded a motion to authorize the transfer of
certain Funds listed on the Bills for October 6, 1981. The vote was
unanimously in favor. Motion carried.
PAYMENT OF BILLS
Swenson moved and Charon seconded a motion to approve the payment of the
bills as presented on the pre-list in the amount of $68,551.62 when funds
are available. Roll call vote was unanimously in favor. Motion carried.
The final bills from Buffalo Bituminous and Hardrives were submitted for
approval. Ulrick moved in two concurrent motions and Swenson seconded
approving the final bills submitted by Buffalo Bituminous in the amount
of $42,883.27 and Hardrives in the amount of $17,634.13 to be paid when
funds are available. Roll call vote was unanimously in favor. Motion
carried.
The City Manag~explained that by approving these two bills tonight, the
City was starting the 1 year warranty with the companies on the construction.
MISCELLANEOUS/INFORMATION
BOHNHOFF BOATHOUSE - INSURANCE CLAIM
The City Manager reported that Vicki Bohnhoff had called him at home
and stated that she would be suing the City.
DEVON COMMONS BOATHOUSE UPDATE
The City Attorney informed the Council that the City has initiated action
on the boathouse and the matter is on the court calendar but that because
of the overwhelming number of cases on the court calendar that civil
matters are only being dealt with after criminal matters.
LASSEK FENCE
The City Manager brought the Council up to date on this matter, explaining
that the Lasseks have agreed to contribute to the fence by doing part of
the labor. Councilmember Swenson objected to this item being brought up
again and not being on the Agenda.
148
October 6, 1981
The City Attorney advised that this fence should be put on Fire Dept.
property not private property. The City Manager stated that this was
what we are going to do and that two quotes have been received; one
from Summerhill Investment Associates in the amount of $3,000.00 and
one from Natures Way in the amount of $3795.00.
Charon moved and Ulrick seconded a motion to approve the bid of
Summerhill Investment Associates in the amount of $3,000.00 and to have
the fence installed on Fire Dept. property. Roll call vote was four
in favor with Councilmember Swenson voting nay. Motion carried.
The Council went into Executive Session at 11:20 P.M. and came out of
this Session at 11:40 P.M.
ZUCKMAN CASE
Ulrick moved and Polston seconded a motion to direct the City Manager
and the City Attorney to proceed with an action against the owner of
property at 5012 Tuxedo Blvd. to restrain any further construction for the
reasons that he does not have a Building Permit and has not received a
variance for this construction. Roll call vote was four in favor with
Councilmember Swenson voting nay. Motion carried.
Lindlan moved and Ulrick seconded at motion to adjourn at 11:45 P.M.
The vote was unanimously in favor. Motion carried.
E1 City Manager
Fran Clark, Secretary
BILLS .... OCTOBER 6, 1981
Amer Ins. Assoc. 14.50
A-1Mtka Rental 15.00
Alblnson 532.00
Blackowiak & Son 24.00
Ron Bostrom 31.10
Holly Bostrom 100.OO
,, ,, 171.56
Buffalo Bituminous 42,883.27
Curtis 10OO 122.87
Duanes 66 310.00
Dependable Services 33.00
Dorothy DeLaney 53.59
Wm Hudson 76.68
Shirley Hawks 21.48
Henn Co. Chf Police PTAC 40.00
Hardrives, Inc. 17,634.13
Jones Chemicals 136.95
Kustom Electronics 135.28
The Laker 327.O1
Mound Police Dept 19.12
Mound Postmaster 300.00
Craig Mayer 600.00
C.S. McCrossan Inc 84.00
MN Co. Attorneys Assn 15.85
Metro Fone Communications 35.40
Mpls Star & Trib. 56.00
Metro Clinic of Counseling 252.00
Mid Central Fire Ins. 67.62
Natl Fire Protection Assn 18.48
Timothy L. Piepkorn 517.50
Roto Rooter 45.90
Scott Racek 31.10
Greg Skinner 261.11
Nels Schernau 8.58
Waconia Ridgeview Hosp 28.50
Westonka Sanitation 100.00
Ziegler, Inc. 70.33
R.L. ¥oungdahl & Assoc 14.00
Griggs, Cooper 575.92
Johnson Bros. Liquor 208.93
Old Peoria 1,146.35
Ed Phillips & Sons 1,432.51
TOTAL BILLS
68,551.62
TRANSFERS
Street to Imp & Equip Outlay 1,666.66
Park ,i ,i ,, 333.33
,, ,, " 80.17
Finance
ElectionsI, ,, ii 25.00
Diseased Tree" " 176.66
Sewer ,i ,, ,, 375.00
Water " ,i i, 416.67
Cemetery" " " 25.00
Street to Shop & Stores 189.13
Sewer " ii Ii 2.00
Water " " i, 98.94
Parks ,i ,, ,i 29.53
Police II II II 749.19
Liquor to General 1,5OO.OO