1981-11-10 170
November 10, 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 10, 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; City Attorney, Jim Larson; Police Chief, Bruce Wold; Park Coordinator,
Chris Bollis; Dock Inspector, Don Rother; Building Inspector, Henry Truelsen;
Secretary, Fran Clark and the following interested citizens: Ann Thomas
(observer for the League of Women Voters), Collin Holswarth (Continental
Telephone), Dean Fleming, James Riley, Barb Rother, Gary R. Dostal, Michael
Corbin, Vernon L. Marsh, Tom and Kathy Davison, Bob and Betty Johnson,
Dave Leatherman (Minnegasco), Don Biscadue (Minnegasco), Mr. and Mrs.
Louis Oberdeck, Mr. Coleman.
The Mayor opened the meeting and welcomed the people in attendance.
MINUTES
The Minutes of the November 3, 1981, Regular Council Meeting were presented for
consideration. Swenson moved and Polston seconded a motion to approve the
Minutes of November 3, 1981, Regular Council Meeting, as submitted. The vote
was unanimously in favor. Motion carried.
PLANNING COMMISSION ACTION ITEMS
A. APPLICATION FOR REZONING - BLOCK 26, WYCHWOOD - DUANE SCHALLER
The City Manager explained that the Planning Commission has approved
Bo
the rezoning of Block 26, Wychwood from A-1 to A, 2. The City Attorney
advised the Council that a Public Hearing must be held on this before
the Council can act.
Swenson moved and Polston seconded a motion to set the date for a
Public Hearing on this rezoning of Block 26, Wychwood, from A-1 to A-2
for December 8, 1981, at7:30 P.M. The vote was unanimously in favor.
Motion carried.
STREET FRONT VARIANCE - LOT l, BLOCK l, H~GHLAND SHORES
D-~an ~.. ~l~-~iA~ ~ 3~11 Pri~s~ L-~ne''- ~i6'-~23-i17-2 34 0073
Polston moved andSwenson seconded the following resolution.
RESOLUTION 81-366 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION APPROVING THE STREET FRONT VARIANCE
OF 14 FEET AND THE WOODEN WALKWAY DECK AS REQUESTED
WITH THE STIPULATION IT BE NO MORE THAN 18 INCHES
OFF THE GROUND WITH NO RAIL.
The vote was unanimously in favor. Motion carried.
STREET FRONT VARIANCE OF FENCE HEIGHT - LOTS 12, 13, 14 & 15,'KoEHLER'S
~ (Owner ~ ~o'~'~ J~~
Continental Telephone - 5468 Lynwood Blvd. - PID #13-117-24 33 0030
Swenson moved and Charon seconded the following resolution.
171
November 10, 1981
RESOLUTION //81-367
DISCUSSION:
RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE A VARIANCE FOR A 6 FOOT
HIGH CHAIN LINK FENCE PROVIDING IT BE NO CLOSER
THAN lO FEET TO ANY CURB AND WITH THE STIPULATION
THAT THE FENCE REMAIN SEE THRU AND BE CLEAR OF ALL
VEGETATION UNLESS PRIOR COUNCIL APPROVAL IS GIVEN
The vote was unanimously in favor. Motion carried.
D. APPLICATION FOR STREET VACATION - OXFORD LANE FROM ABERDEEN ROAD TO
Jeannette Rivers - 4737 Aberdeen Road - PID #30-117-23 22 0036
The City Manager explained that the Planning Commission recommended
vacating this street as requested, but retain a utility easement over
the entire 30 feet of right-of-way for existing Sanitary Sewer and
gas line and that no further filling, excavating or construction be
allowed on the vacated street.
There was considerable discussion among the Councilmembers about vacating
this street. The City Manager recommended not vacating because of
other vacant lots in the area. Councilmember Charon agreed. The
City Manager pointed out the costs involved in holding a public hearing
versus the application fee if the Council was going to deny vacation.
Mayor Lindlan suggested tabling the vacation.
Ulrick moved and Swenson seconded a motion against tabling any action
on this matter. The vote was 2 in favor with Swenson, Ulrick and Lindlan
voting nay. Motion died.
A motion was made by Lindlan and seconded by Charon that the
application to hold a public hearing on December 8, 1981, for the
vacation of Oxford Lane from Aberdeen Road to Hanover Road be denied.
DISCUSSION: There was discussion on whether to refund part of
the applicants fee. The City Manager pointed out that time and
money have already been spent on this and it is not feasible to
refund any money.
Roll call vote was unanimously in favor. Motion carried.
E. LAKE FRONT, SIDE YA~AND LOT SIZE VARIANCES - LOT 10, BLOCK 1
SHADYWOOD POINT ~ ,
Thomas L. Davison - 2054 Shorewood Lane - PID #18-117-23 31 0004
Polston moved and Ulrick seconded the following resolution.
RESOLUTION #81-368 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION GRANTING THAT VARIANCE AS REQUESTED
AND RECOGNIZE THE EXISTING NONCONFORMANCIES
The vote was unanimously in favor. Motion carried.
F. SIGN PERMIT - LOTS 5 & W. 50' OF 6, AUDITOR'S SUBD. 170
Century Auto Body - 5533 Shoreline Blvd. PID #13-117-24 33 0007 & 0008
Swenson moved and Ulrick seconded the following resolution.
RESOLUTION #81-369 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION APPROVING THE 4FT.x 8 FT. SIGN IF
ATTACHED TO THE BUILDING AND ILLUMINATED INTERNALLY
ONLY AND PROVIDING THERE ARE NO FLASHING LIGHTS OR
ARROWS
Polston asked Mr. Vic Cassett if the sign was going to
172
November 10, 1981
be flush against the building. Mr. Vic Cassett of Century Auto Body
said it would be attached to the building but it would be sticking out
from the building.
The vote was four in favor with Councilmember Polston voting nay.
Motion carried.
STREET FRONT AND SIDE YARD VARIANCES FOR GARAGE - LOTS 15, PART OF 14 &
~ BLOCK 3~ ABRAHAM LINCOLN ADDITION
Michael D. Corbin - 2179 Noble Lane - PID #13-117-24 31 0016
Polston moved and Swenson seconded the following resolution.
RESOLUTION #81-370 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION APPROVING THE 6 FOOT SIDE YARD
VARIANCE AND A FRONT YARD VARIANCE FOR THE
PROPOSED GARAGE.
The vote was unanimously in favor. Motion carried.
SIGNAL LIGHT AT INTERSECTION OF COUNTY ROAD 110 AND 15
The City Manager commented that traffic seemed to be moving quite well in the
downtown area without the stop light and only the 3 stop signs. The County
is willing to deactivate the signal and put it in a flashing position (red)
Which indicates a stop sign if the Council will pass a resolution stating their
request. If problems arise, the County can activate the signal again.
Swenson moved and Charon seconded the following resolution.
RESOLUTION #81-371 RESOLUTION TO REQUEST THAT THE COUNTY CHANGE THE
SIGNAL LIGHT AT THE INTERSECTION OF COUNTY ROAD 110 &
15 TO A FLASHING RED AND INSTALL STOP SIGNS AT THE
THREE CORNERS
The vote was four in favor with Councilmember Ulrick voting nay. Motion carried.
Councilmember Ulrick voted nay because he felt this should not be done until
after Christmas; that a report from the Downtown Business Committee should be
sought on this matter before acting.
REFUND OF OUTSIDE READER FEE
The City Manager explained that Ronald Johnson, 4416 Dorchester Road has
demolished his cabin and had purchased an outside reader for this cabin.
Mr. Johnson is now requesting a refund of $20.00.
Ulrick moved and Polston seconded a motion to refund $20.00 to Mr. Ronald
Johnson for the outside reader. The vote was unanimously in favor. Motion
carried.
WOODCHIPPING REPORT
Chris Bollis, Park Director, had submitted his report on woodchipping.
The Council discussed bringing the cost of this service up to where it should
be or eliminating the service entirely. Also discussed was advance payment
for this service. Councilmember Swenson asked what reasons were given
by the people who did not pay their bills for woodchipping. The City Manager
reported that 2 of reasons were: 1. The people thought it was part of the
elm pick up and that they were not responsible and 2. Some just would not pay.
Councilmember Polston stated he was against the payment in advance idea.
173
November lO, 1981
Polston moved and Ulrick seconded the following resolution.
RESOLUTION #81-372 RESOLUTION TO APPROVE AN INCREASE IN THE WOOD-
CHIPPING CHARGE TO $60.00 PER HOUR WITH A $30 O0
MINIMUM ·
Ulrick moved and Swenson seconded an amendment to
the above resolution adding:
PAYMENT DUE IN ADVANCE FOR 1 HOUR WITH A REFUND
IF IT IS DUE
The vote on the orginal motion was unanimously in favor. Motion carried.
The vote on the amendment was unanimously in favor. Motion carried.
FIREMAN'S RELIEF ASSOCIATION TAX EXEMPT STATUS
The City Manager reported that the I.R.S is working to rescind the tax
exempt status of the Fireman's Relief Association profits. He is asking
for a resolution to be sent to our Senator's and Congressman opposing
this action to rescind the tax exempt status.
Polston moved and Charon seconded the following resolution.
RESOLUTION #81-373 RESOLUTION OPPOSING THE I.R.S. POLICY CHANGE
(81-58) RESCINDING THE TAX EXEMPT STATUS OF THE
FIREMAN'S RELIEF ASSOCIATION.
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.
DOWNTOWN ADVISORY COMMITTEE
The City Manager explained that the Downtown Advisory Committee has
recommended approval of the following:
Plan Concept Development
Phase I - Summary Analysis - $578.00
Phase II - Group Workshop/Public Input - $940.00
Phase Ill - Public Facilities - not to exceed $300.00
Councilmember Ulrick asked that the City Manager get a breakdown of the
Phase II amount of $940.00 for the Group Workshop. The City Manager said
he would get a breakdown.
Polston moved and Charon seconded the following resolution.
RESOLUTION #81-374 RESOLUTION TO CONCUR WITH THE DOWNTOWN ADVISORY
COMMITTEE AND APPROVE THE PAYMENT FOR PLAN CONCEPT
DEVELOPMENT (PHASE I, II, & Ill)
The vote was four in favor with Mayor Lindlan voting nay. Motion carried.
Mayor Lindlan stated that he voted nay because he felt this should all be
taken up after the November 18, 1981 meeting of the Downtown Advisory
Committee. '
Councilmember Swenson asked the Mayor to substantiate his comments.
174
November 10, 1981
The Mayor commented that these are his own personal feelings. He is
questioning the Planner's ability and what we are getting for our money.
The City Manager commented that Rob is trying to provide direction for the
Committee and that he doesn't want to destroy citizen momentum.
UPDATE - BOHNHOFF VS. CITY OF MOUND
The City Manager submitted a letter from the City Attorney and one from
Aetna Casualty. Aetna will not pay this claim so the City Manager will
be notifying the Bohnhoffs of this.
Councilmember Ulrick commented that the City will in the future be more
careful in selecting an insurance carrier and it won't be this
particular carrier again.
MINNEGASCO FRANCHISE ORDINANCE
The City Manager reported on how he and City Attorney, Jim Larson had
researched the background that went into the development of this Franchise.
The ordinance as it is written will deal with the maintenance and
construction by Minnegasco within the City, which has been a problem in
the past, i.e. Minnegasco going in and digging up the new streets and
not properly repairing them; the possibility that a Franchise fee of 1
to 4 % could be charged by the City of Mound on Minnegasco's gross revenue
from the City of MOund.
The City Manager thanked Minnegaso for their cooperation in the research
study that was done. He also commended the City Attorney for his research
and input into this project.
Councilmember Swenson feels that a franchise fee is discriminatory since
electric and oil users will not be paying the fee.
Councilmember Ulrick commented that he is a gas user and is for the fee.
Points he felt were important: 1. What the fee can do for the City revenue. 2. If this franchise fee passes it does not
mean the City will charge the fee, but it
is an alternative if necessary.
The Mayor asked if Minnegasco had some comments. Mr. Dave Leatherman
spoke for Minnegasco and gave the following reas.ops for their opposition:
1. It is regressive taxation.
2. It penalizes the fixed income and lower income people.
3. It is discriminatory.
4. It makes Minnegasco less competitive.
5. It add to the overhead of industrial and commercial users.
The City Manager asked if Minnegasco would have the same feelings for the
fixed income and lower income people when they raise their rates 25% next year.
Minneagasco replied that none of that goes into Minnegascols pocket.
Ann Thomas asked why only the gas company was being considered for this
franchise fee and not NSP also. Councilmember Ulrick explained that 2 years
ago the City signed a 25 year Franchise with NSP without a fee involved and
that now the financial picture of the City has changed and we too must change.
Mr. Oberdeck stated that he figured out what the 4% would mean on his yearly
bill from Minnegasco and it would only be a$16.00 increase. He asked Minnegasco
why they would object to the fee because the people are paying it. Minnegasco
replied because it was discriminatory and made them less competitive.
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November 10, 1981
Councilmember Charon stated that she is for the franchise ordinance but
against the fee.
Councilmember Polston stated that the only way he would be for the
franchise fee is if extensive public hearings were held to get the
citizens input and feelings.
The City Manager explained to the Council that iust adopting the
Franchise Ordinance would not mean adopting the'fee. The fee is a
separate item in the Franchise Ordinance as proposed and the Council
has to decide if they want to impose the fee or not.
Mayor Lindlan thought the matter should be deferred to a later date.
Charon moved and Ulrick seconded the following resolution.
RESOLUTION #81-375 RESOLUTION TO ADOPT THE MINNEGASCO FRANCHISE
ORDINANCE AS PRESENTED AND TO PRESENT IT TO
Roll call MINNEGASCO FOR THEIR INSPECTION.
vote was two in favor with Councilmembers Polston Swenson and Lindlan
voting nay. Motion di. ed. '
Councilmember Ulrick suggested that a short period of time be devoted
to hearing the public comments at the next few Council Meetings. The
City Manager will advertise in The Laker November 17th and 24th that
the Council will hear the citizens feelings on a percentage fee of
their bills from Minnegasco on December 1 and 8, 1981.
BUILDING PERMIT REFUND REQUEST
The City Manager stated that Mr. Clinton Voorhees has requested a refund
for Building Permit #5474 that he took out on July 17, 1980. The reason
is that he is no longer going to build his home here. The cost of his
permit was $911.50 and the City is deducting $96.00 for engineering
technical review [McCombs-Knutson) and two hours of Hank's time at
$10. OO per hour. The total refund should be $795.50.
Swenson moved and Charon seconded a motion to refund $795.50 to Mr. Clinton
Voorhees. The vote was unanimously in favor. Motion carried.
WEEKLY FINANCIAL REPORT
The City Manager reported that depending upon legislative action between
mid-November and mid-December, cities may receive neither their December 15
LGA nor homstead credit payments.
The Department Heads continue to conserve but with all the state cuts
it may be of no help. He will continue to keep the Council up to date on
the financial situation.
M.T.C. ELIMINATION OF 51-N BUS ROUTE
The City has been receiving numerous calls from Mound, but mostly
Minnetrista residents about the M.T.C. eliminating the 51-N bus route.
It seems the M.T.C. was telling people that the City of Mound would not
let the buses into town. The City Manager has written a letter to the
M.T.C. to straighten this out. He will also write to the City of Minnetrista
letting them know so they too can take up the elimination of this 51-N
route with the M.T.C. as it really affects their citizens.
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November 10, 1981
STATUS OF 1980-81 STREET PROJECT LEGAL APPEALS
The City Manager reported that out of the 11 written objections to the
assessment only two have filed legal appeals, Priscilla S. Anderson and
Gregory Thomas Krause.
LMCD DOCK LICENSE
The City Manager reported that the LMCD is considering increasing the
City of Mound's individual dock permits from 380 to 400 in 1982. This
will mean some increase in revenue if it goes thru. The meeting is
at the Deephaven City Hall, 20225 Cottagewood Road at 8 P.M. on Wednesday,
November 18, 1981. The City Manager and Don Rother, Dock Imspector will
attend.
DISCUSSION ITEM
Councilmember Swenson asked for this time to remind all Councilmembers
that their not notifying either other Councilmembers or the City Manager
that they will be absent from a meeting could cause the cancellation of
a meeting if enough members are not present. He also felt that the
Councilmembers should check with other Councilmembers on when they plan
to take vacations for the same reason.
PAYMENT OF BILLS
Polston moved and Charon seconded a motion to approve the payment of the bills
as presented on the pre-list in the amount of $78,540.38, when funds are
available. Roll call vote was four in favor with Councilmember Ulrick
abstaining because one of the bills was a payment to his employer. Motion
carried.
ACTING CITY CLERK-TREASURE~
The City Manager advised that the City Attorney pointed out that 5A.O5
of the City Code states that the position of City Clerk and Treasurer
are combined into one position and unless the Council would like to amend
the Code, he would like Judy Fisher, who is already Acting City Clerk to
be appointed Acting City Treasurer.
Charon moved and Polston seconded the following resolution.
RESOLUTION #81-375 RESOLUTION TO APPOINT JUDY FISHER AS ACTING CITY
TREASURER
The vote was unanimously in favor. Motion carried.
iNFORMATION/MISCELLANEOUS
The City Manager briefly went over the following items with the Council.
A. List of City Employees
B. Organizational Chart
C. American Legion Report
D. Letters from Rudy Boschwitz and Dave Durenberger
E. Business Week - Special Report
F. School Board Minutes
177
November 10, 1981
Polston moved and Swenson seconded a motion to adjourn, 10:55 P.M.
vote was unanimously in favor. Motion carried.
The
Fran Clark, Secretary
on Elam, City Manager
BILLS ...... NOVEMBER 10, 1981
Applebaums
A.A. Battery Co.
Acro-Minnesota
Aztec Irrigation
Chuck Anderson
Gayle Burns
Holly Bostrom
Brock-White Co.
F.H. Bathke Co.
Bryan Rock Products
Bill Clark Oil
Coast to Coast
Robert Cheney
Diseased tree rebates
Firehouse Mag.
Fire Control Extinguisher
Glenwood Inglewood
Lloyd Gronberg
Henn Co. Sheriffs Dept
Eugene Hickok & Assoc
Henn Coop Seed Exch
Harris Warehouse & Canvas
Hardrives
INternatl City Mgmt Assn
Lowell's
F. Jedlicki
The Laker
Lutz Tree Serv.
Marina Auto Supply
Minn Comm
Mound Hdwe
Mound Postmaster
Mound Fire Dept
MN Fire Protection Council
Metro Waste Control
Natl Fire Prot. Assn
Planning & Develop. Serv.
Timothy Piepkorn
Power Group Trust
Pitney Bowes
F.N. Shaffer
Spring Park Car Wash
Suburban Tire, Inc.
Stephens Buick
Thrifty Snyder Drug
Village Chevrolet
Unitog Rental
Wilcox Paper
14.96 Westonka Sanitation 50.00
150.00 Water Products 592.91
295.15 Widmer Bros. 4,897.00
127.33 Xerox 39.42
322.50 Z|egler, Inc. 20.50
22.92
243.00 TOTAL BILLS 55,439.59
31.70
13.80 LIQUOR BILLS
139.41
4,823.23 Blackowiak 32.00
348.03 Central Wardhousing 291.40
334.00 Real One Acquisition 675.00
2,722.00 Regal Window Clean 10.75
14.97 Security Alarm 386.19
86.35 Bradley Exterm. 19.00
39.50 Kool Kube 108.00
99.00 A.J. Ogle 1,729.90
116.00 Butch's Bar Supply 93.45
682.00 Coca Cola 272.55
45.50 Day Distrib. 2,705.95
100.91 East Side Bev. 2,768.24
2,805.90 Gold Medal Bev. 188.55
165.00 Home Juice 25.96
45.83 City Club Distr. 2,057.90
13,734.39 Midwest Wine 989.56
123.98 The Liquor House 3,117.37
4,100.00 Pepsi Cola 190.50
439.93 Pogreba Distr. 3,804.15
28.50 Thorpe Distr. 3,619.87
59.82 Tombstone Pizza 14.50
300.O0
Total Liquor Bills 23,1OO.79
4,103.27
5.OO
1,683.O0
166.83
727.50 GRAND TOTAL---ALL BILLS 78,540.38
48O.OO
91.67
49.5O
928.00
'76.00
70.30
23.68
28.40
69.51
260.75
2O8.74
Westonka Community Serv 8,292.00