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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. 175 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. 176 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