Loading...
1981-11-03 164 November 3, 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 November 3, 1981, at 7:30 P.M. Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert Polston, Gordon Swenson and Donald Ulrick. Also present were City Manager, Jon Elam; Police Chief, Bruce Wold; Water Superintendent, Greg Skinner; Building Inspector, Henry Truelsen; City Attorney, Curt Pearson; City Engineer, John Cameron; Secretary Fran Clark and the following interested citizens: Gregg Malik, Harold and Charlene Miller, Art Peterson, William Wilson, and Ron Blaschko. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the October 27, 1981, Regular Council Meeting were presented for consideration. Swenson moved and Charon seconded a motion to approve the Minutes of October 27, 1981, Regular Council Meeting, as submitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARINGS- STREET VACATIONS PORTION OF WEST SIDE OF THREE POINTS BLVD. FROM GLEN ELYN TO END OF LOT 1, BLOCK 23, SHADYWOOD POINT The City Manager explained that Gregg Malik is asking for this vacation so that he may construct a garage on his property without encroaching on the street right-of-way. The Planning Commission recommended vacating 16' of the street right-of-way providing the utilities won't be infringed upon. The only objection to this vacation came from Continental Telephone because of three existing buried cables located in this right-of-way that is part of thei~r underwater route across Lake Minnetonka that feeds the North Shore. Since their original objection Mr. Malik has agreed to grant Continental Telephone an easement for their existing cables and they have removed their opposition. The Mayor opened the public hearing and asked for any comments or objections. Gregg Malik commented that not only did he need this addition for his garage but also because this addition will allow him to enter his basement from the inside of his house instead of having to go outside to get into~his basement. William Wilson, the neightbor across the street from Mr. Malik, asked if this vacating was going to affect him. The City Manager explained that this vacation will not affect him. It will only reduce the right-of-way from 66' to 50'. The City Engineer agreed that this vacation will not affect Mr. Wilson. There were no other comments so the Mayor closed the public hearing. The City Attorney suggested that if the Council vacates this right-of-way the resolution should read subject to the property owner granting an easement to Continental Telephone" 165 November 3, 1981 Councilmember Polston moved and Swenson seconded the following resolution. RESOLUTION #81-360 RESOLUTION TO APPROVE THE VACATION OF 16' OF THE WEST SIDE OF THREE POINTS BLVD. FROM GLEN ELYN TO END OF LOT 1, BLOCK 23, SHADYWOOD POINT CONTINGENT ON MR. GREGG MALIK GRANTING AN EASEMENT TO CONTINENTAL TELEPHONE The vote was unanimously in favor. Motion carried. OUTSIDE CORNER OF LESLIE ROAD ADJACENT TO LOTS, 7, 8, 9, 14, 15 AND 16~ BLOCK 21, WYCHWOOD The City Manager explained that in vacating this portion of Leslie Road the Council would be freezing Lot 7 from Leslie Road and the owners of this lot were assessed for lO' in the street assessment. The City Attorney explained his letter of October 28, 1981, in which he recommended against vacation because the t~i~le to all six of the lots would be affected by this vacation. The reason being that there is no way to determine how the vacated lands would be apportioned among the six lots.except by a court proceeding which would be quite costly. The Mayor opened the public hearing for comments or objections. Art Peterson (the person asking for the vacation) commented that the reason he wants the vacation is so he can extend his fence from his lot line to the curb on Leslie Road and without the vacation he would be encroaching on road right-of-way. Harold and Charlene Miller (owners of Lot 7) commented that they had no objection to Mr. Peterson's fence but that they were against the vacation because they want their 10' feet on Leslie Road. The City Attorney suggested that the people owning these lots could treat this area as a commons area and work out an agreement between themselves who should maintain the area and what improvements they would like to add but that if the City needed to do any utility or other work on the right-of-way the City could dig up or remove any improvements and would not be responsible for compensating or replacing these items. There was considerable discussion between the Council and Mr. Peterson. The Mayor closed the public hearing. Swenson moved and Polston seconded the following resolution. RESOLUTION #81-361 RESOLUTION TO DENY VACATION OF THE OUTSIDE CORNER OF LESLIE ROAD ABUTTING LOTS 7, 8, 9, 14,15 AND 16, BLOCK 21, WYCHWOOD AND APPROVE A REFUND OF THE VACATION FEE OF $50.00 TO ARTHUR d. PETERSON, APPLICANT The vote was unanimously in favor. Motion carried. VARIANCE APPLICATION - GREGG MALIK The City Manager explained that this variance is connected to the earlier public hearing on the street vacation of a portion of Three Points Blvd. The Planning Commission recommended granting this variance based on the number of feet vacated in order for Mr. Malik to buil~ his garage. 166 November 3, 1981 Councilmember Ulrick asked how many feet the corner of the garage would be from the back of the curb. Mr. Malik stated 16'. The Council agreed that this is a hardship case because where Mr. Malik is placing the garage is the only place on his lot that he can place it. Polston moved and Swenson seconded the following resolution. RESOLUTION #81-362 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND GRANT A VARIANCE OF 16' FROM THE CORNER OF THE PROPOSED GARAGE TO THE BACK OF THE CURB TO GREGG MALIK, LOT 1, BLOCK 23, SHADYWOOD POINT The vote was unanimously in favor. Motion carried. TREE REBATE PAYMENTS Polston moved and Swenson seconded a motion to approve the Diseased Tree Rebate Payments - List #22, in the amount of $2,722.00. The vote was unanimously in favor. Motion carried. MOUND/SPRING PARK WATER CONNECTION The City Manager asked that the Council set the bid opening date for the Mound/Spring Park Water Connection for December 8, 1981, at 10:00 A.M. He also pointed out that on October 19, 1981, the Spring Park Council passed a resolution to proceed with the CSAH 125 water connection and approved the plans and specifications. Councilmember Polston still felt that instead of the Spring Park/Mound Water Connection, a storage facility in Island Park would be better. Councilmember Ulrick commented that he was happy to see the municipalites cooperating with each other. Ulrick moved and Swenson seconded a motion to set the bid opening date for the Mound/Spring Park Water Connection on CSAH 125 for December 8, 1981, at 10:00 A.M. in the City Hall at 5341Maywood Road, Mound, MN. The vote was unanimously in favor. Motion carried. PICK-UP TRUCK - WATER DEPT. The City Manager explained that the purchase of a pick-up truck for the Water Dept. was approved in the 1982 Budget. Greg Skinner was present to answer any questions on the specifications presented for approval. Councilmember Ulrick asked why Greg had specified a diesel engine instead of a gasoline engine. Greg answered that the diesel is more maintenance free and gets better gas mileage than gasoline. Charon moved and Swenson seconded a motion to approve the specifications for the pick-up truck and set the date for the bid opening for December 8, 1981, 11:00 A.M. in the City Hall at 5341Maywood Road, Mound, MN. The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there were any comments or suggestions from any of the citizens present. There were none. 167 November 3, 1981 DAY AFTER THANKSGIVING DAY Swenson moved and Polston seconded a motion to give City employees the day after Thanksgiving off as a holiday. Discussion on this followed. The City Manager recommended that the Council not give this day off because of the increased work load since the reduction in the staff but agreed that if an employee wanted to take a vacation day it would be alright with him. Councilmembers Polston and Swenson disagreed with the City Manager's recommendation on the basis that City employees are not given bonuses or incentives and they felt this was something the Council could do instead. Roll call vote was 2 in favor with Charon, Ulrick and Lindlan voting nay. Motion failed. LOTS 27 & 28, KOEHLER'S SECOND ADDITION TO MOUND The City Manager explained that these two lots were taken by the City in 1973 for park land. They are'not presently accessible and are nothing more than a weed patch that the City must mow. The owner of the lots. to the west would like to buy these lots. The City would have to release its interest in these lots so they can go up for auction next Spring~ It was his recommendation, after contacting all department heads and finding no objections, that the City release the lots. The Building Inspector raised some questions about the release of these lots. Ulrick moved and Swenson seconded a motion to table action on Lots 27 and 28, Koehler's Second Addition to Mound until ~rther study is done. The vote was unanimously in favor. Motion carried. llO STREET LIGHTS ADJACENT TO THE NEW ARENA The City Manager explained the Mr. Ron Blaschko, who lives, on Alder Lane, came in to complain about the fact that there are four street lights being installed across the street from his house on the back side of the Arena. Mr. Blaschko's bedrooms are on.that side of the house and will be illuminated during the night. The Ice Hockey Arena Association also supports a reduction in the lighting on that side of the building. Concerns of the Council were safety and vandalism. Mr. Blaschko stated that he was all for safety and agreed that lights do cut down on vandalism but he felt both could be accomplished with less lights. Ulrick moved and Polston seconded a motion to reduce the lighting on Alder Road by 50%, directing the City Engineer to contact the contractor and instruct him stub out units 42 and 44 (without cutting off the anchor bolts) with the poles and lighting to be retained by the City until the impact is seen and making sure that the stubs are well marked for safety reasons. The vote was unanimously in favor. Motion carried, SEWER CAPITAL OUTLAY FUND TRANSFER The City Manager explained that the Auditor has recommended the Council pass a resolution for the close out of the Sewer Capital Out.lay Fund to the Sewer Fund. This will close out an unused Fund, while helping to reduce the existing $84,000.00 deficit in the Sewer Fund. 168 November 3, 1981 Ulrick moved and Charon seconded the following resolution. RESOLUTION #81-363 RESOLUTION CLOSING THE SEWER CAPITAL OUTLAY FUND BY TRANSFERRING THE JANUARY 1, 1981, FUND BALANCE OF $48,045.00 TO THE SEWER FUND The vote was unanimously in favor. Motion carried. CITY FINANCIAL SITUATION The City Manager brought the Council up-to-date on the City's financial situation, by pointing out the following: 1. We may get the November State Aid Payment from the State. 2. Insurance costs may go down and save some money there. 3. Liquor revenue looks like it will be up somewhat this year and give the City some extra revenue. 4. Sewer rates will have to be raised because Metro keeps raising the City rates. 5. All departments have been under Budget the last 3 or 4 months but with the already $61,OOO.O0 deficit the City still doesn't have anything to show for it. INFORMATION/MISCELLANEOUS SPORTS CENTER BUS DROP Polston moved and Swenson seconded the following resolution. RESOLUTION #81-364 RESOLUTION APPROVING THE BID FROM C.C. MC CROSSAN, INC. (SPECIFICATIONS PER COUNTY HIGHWAY 110 IMPROVEMENT PROJECT) FOR THE SCHOOL BUS DROP ZONE AT THE ARENA IN THE AMOUNT OF $17,654.51 AND INSTRUCTING THE CITY ATTORNEY TO DRAW UP A CONTRACT FOR THIS WORK. The vote was unanimously in favor. Motion carried. CANCEL CERTAIN ASSESSMENTS AGAINST LOT 4, BLOCK 14, MOUND TERRACE The City Manager explained that this is the lot that last week was approved to be sold to Palmer & Nancy Koosmann. It is wetlands but it has a sanitary sewer and sanitary sewer lateral assessment against it and because it is an unbuildable lot, the recommendation is to cancel these two assessments. Mr. & Mrs. Koosmann have agreed to assume the $4,671.97 1980 Street Improvement Assessment against this property but do not want to pay the other two. Ulrick moved and Swenson seconded the following resolution. RESOLUTION #81-365 RESOLUTION TO CANCEL CERTAIN SPECIAL ASSESSMENTS THAT ARE ON LOT4, BLOCK 14, MOUND TERRACE The vote was four in favor with Mayor Lindlan voting nay. Motion carried. TRANSFER OF FUNDS Swenson moved and Polston seconded a motion to authorize the transfer of certain Funds listed on the Bills for November 3, 1981. The vote was unanimously in favor. Motion carried. 169 November 3, 1~81 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 $34,071.45, when funds are available. Roll call vote was unanimously in favor. Motion carried. EXECUTIVE SESSION The Council moved into Executive Session to discuss a legal matter at 10:30 P.M. The Council came out of Executive Session at 10:45 P.M. Ulrick moved and Swenson seconded a motion to adjourn at 10:45 P.M. The vote was unanimously in favor. Motion carried. Fran Clark, Secretary BILLS .... NOVEMBER 3, 1981 Autocon industries 257.30 Charles Anderson 547.10 Buffalo Bituminous 2,944.50 Boustead Electric 225.18 Burlington Northern 533.33 ,, ,, 175.OO Bowman Barnes 65.50 Climax, Inc. 97.15 Commissioner of Revenue 2,985.41 Fran Clark 15.90 Dorothy DeLaney 40.56 Dustcoating, Inc. 1,411.70 Dependable Services 33.00 Judy Fisher 10.70 Jon Elam 14.88 Hennepin County 562.50 Jones Chemicals 192.20 Bob Johnson 857.14 IBM 373.2O Glen Litfin E×cav 75.00 Long Lake Ford Tractor 66.59 Rick Mauderer 50.00 Mound Police 21.O7 City of Mound 68.49 Mound Postmaster 89.91 City of Mpls 56.00 MS Print, Inc 241.75 Mound Bank 9.10 Metro Fone Communications 35.40 Reo Raj Kennels 235.50 C.S. McCrossan 243.00 Michael Polley 150.18 D.F. Schmidt Constr 3,702.50 Soil Testing Services 203.00 T & T Maintenance 22.75 Wurst, Carroll & Pearson 1,5OO.OO Waconia Ridgeview Hosp Griggs, Cooper Johnson Bros. Liq Old Peoria Ed Phillips & Son 13.00 5,283.08 6,565.56 1,363.06 2,734.26 TOTAL BILLS 34,071.45 TRANSFERS Street to Imp & Equip Outlay 1,666.66 Park " ,i i, 333.33 ,, ,, 80.17 Finance Elections " " 25.00 Diseased Trees" " 176.66 Sewer " ,i ,, 375.00 Water ,i ,, ,, 416.67 Cemetery " " 25.00 Street to Shop & Stores Sewer " ii ii Water Pol ice" " " Liquor to General 430.39 97.38 403.54 642.60 1,5OO.OO