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1981-12-08 190 December 8, 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, Nennepin County, Minnesota, was held at 5341Maywood Road in said City on December 8, 1981, at 7:30 P.M. Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert Polston, Gordon.Swenson, Donald Ulrick. Also present were City Manager, Jon Elam; City Attorney, Jim Larson; Water Superintendent, Greg Skinner, Police Chief Bruce Wold; Secretary, Fran Clark; and the following interested citizens: Lynn Sorbo, Patrick Sheehan, Doris Macias, Duane Schaller, Harry A. Smith, Vern Marsa, Tim Shea, Tom Polhemus, Danny Jensen, Jac Kelvie, Rebecca Peterson, Bu~ Sycks, Stan Drahos. The Mayor opened the meeting and welcomed the people in attendance. MINUTE~ The Minutes of the December 1, 1981, Regular Meeting were presented for consideration. Swenson moved and Polston seconded a motion to approve the Minutes of December 1, 1981, Regular Council Meeting as submitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARINGS A. MINNEGASCO FRANCHISE FEE T~e Mayor explained to the people in attendance regarding this hearing that it would not be held because at the December 1, 1981, hearing the Council decided not to add a users tax to the resident's Minnegasco bills. The decision not to add the tax was because of overwhelming public opposition at the December 1st Meeting. He went on to add that there will be a deficit in the City finances at the end of this year, partially because the State has not paid the City approximately $63,000.00 in aid funds, but that the issue of a users fee on Minnegasco bills was closed. B. WATER SERVICE DISCONNECT - 5930 & 5932 BEACHWOOD ROAD The City Manager explained that these two properties were originally one and that they have only one water line and only one of the properties has a water meter. According to Chapter 6, Section 6.16, Subd. g of the City Code, "Every separate building and each unit in a duplex, double bungalow or townhouse supplied with water must have its own service connection directly with the mains and each unit must be provided with a shutoff and drip valve in the cellar from an independent riser pipe. These provisions shall apply to all new construction and for any units which connect to the City's water mains hereafter; existing units which do not have separate services as of the effective date of this ordinance and which are now connected to the City's mains are excepted from these provisions exept as set forth below. Two or more adjacent buildin~owned ~erson shall be su~the same connection onl_y__~_9_ lon as the sin le ownershi continues and__p__rovided that the owner ~s s for water consumed on the entire rem!ses.. U.,o~Ath_~ tO a all char e _: -------- ~-- ~---~ connection shall be made ~h s,~arat ~ to the build~remises theretofore havin_E~g-the indirect 191 December 8, 1981 c~onnection, provided that in case there is not water main on any street on which said premises abut, the Superintendent may permit such connection to remain until the water main is laid in such abutting street.,,, these two properties are in violation of this ordinance. This is a due process hearing for the parties involved to show cause why their water should not be disconnected. The Mayor opened the Public Hearing and asked if there were any persons present who wished to address the Council. Joe Kelvie [representing Rebecca Peterson, 5930 Beachwood) - stated that they did not understand why this was happening as the bill is paid and always has been paid. Why was this not required of the past owners? The City Manager explained that when the lot split was done this issue did not suer. face and was overlooked. The reason it did SUrface was because last summer the bill was delinquent. Rebecca Peterson, 5930 Beachwood - Stated that she and her husband purchased the house last July and paid the delinquent bill and had no knowledge of any problem. It was their idea that they were the legal owner of the water lines since they have the one meter. Greg Skinner, Superintendent of Water - Stated that 5930 Beachwood has not been assessed for water but 5932 has been assessed for water and a water meter but 5930 has the water meter not 5932. Both properties were assessed for sewer. Rebecca Peterson - It was her understanding the West Suburban Realty split the property and therefore it should be their responsibility. The Council, the City Manager and the City Attorney tried to explain to Ms. Peterson that the City cannot pass judgement on who is right or wrong in this matter, but must insist On uniform ordinance compliance throughout the City. This 'is the only issue. It was explained to Ms. Peterson that she should go to the City Offices and find out exactly what it would cost for the water unit charge, connection fe~ and the water meter. Councilmember Swenson asked Ms. Peterson where she lived and she stated that she now lives in Golden Valley and is renting out 5930 Beachwood. Councilmember Polston asked for a staff recommendation. The City Manager recommended giving the parties inv ~) month~ to resolve the problem an~ ~ ~ .... ?lved. six cnen to shutoff the water service ~kiiL'~-'s n?~ aone Dy ~ ~uc, properties. The Mayor closed the Public Hearing. Councilmember Swenson moved and Ulrick seconded the following resolution. RESOLUTION #81-382 RESOLUTION TO ALLOW THE OWNERS OF 5930 BEACHWOOD AND 5932 BEACHWOOD UNTIL JUNE l, 1982, TO COMPLY WITH CHAPTER 6, SECTION 6.16, SUBD. G OF THE CITY CODE OR WATER SERVICE WILL BE DISCONTINUED AT THAT TIME The vote was unanimously in favor. Motion carried. 192 December 8, 1981 PLANNING COMMISSION ITEMS 3A. PUBLIC HEARING - REZONING OF ALL OF BLOCK 26, WYCHWOOD The City Manager explained the request to. Eezone all of Block 26, Wychwood from A-1 to A-2 residential had unanimous approval of the Planning Commission. The reason for approval was that most of the area around this block is zoned A-2. Councilmember Swenson commented that having this Block 26 as A-1 was clearly a matter of spot zoning. The Mayor opened the Public Hearing andasked for any comments or objections from citizens present. Buzz Sycks asked exactly where this Block was and the Mayor explained the location. There were no other comments. The Mayor closed the Public Hearing. Swenson moved and Charon seconded a motion to adopt the ordinance herein. quoted by title: ORDINANCE 420 AN ORDINANCE AMENDING SECTION 23.Oll AND 23.012 BY REZONING CERTAIN LANDS FROM RESIDENTIAL A-1 TO RESIDENTIAL A-2 The vote was unanimously in favor. Motion carried. 3B. SIGN PERMIT - METRO STATION - 5377 SHORELINE BLVD.- PID #13-117-24 34 0063 3C. The City Manager explained that the application for this sign permit proposed the installation of a new 11' by 7'7", internally illuminated, "Mobil-Self Serve" sign on a 16' pole, on existing base. Because the proposed sign was bigger than the rest of the service station signs in the community, the Planning Commission recommended approval for a sign no larger than the sign approved for the Station at 4800 Bartlett Blvd. which is 8'2½" wide by 3'7" high (total area 28.1') Councilmember Swenson moved and Charon seconded the follOwing resolution. RESOLUTION #81-384 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE SIGN PERMIT FOR THE MOBIL STATION AT 5377 SHORELI~IE BLVD. FOR A SIGN NO LARGER THAT 8'2½" WIDE BY 3'7" HIGH The vote was unanimously in favor. Motion carried. SIDE YARD & REAR YARD VARIANCE - 1673 Canary Lane, Danny Jensen, Lots 6 & 7, Block 5, Dreamwood PID #13-117-24 12 0052 The City Manager explained that the Planning Commission had denied as resented because the existing garag~ and the.!roposed -the [eq~st .... ~e would all have to bare frost foot,ng~ and I ---ted new OOUDle g~,~ ., . ~ ~ ~n ~ rear var0 were g~- , variances of 2.3 feet s~0e yar0 ano '~ ..... ld not the structure would be nonconforming. If Mr. Jensen wou attached this new garage to the existing garage and then attach this to the house, the Planning Commission would be willing to try and work something out. 193 December 8, 1981 The Building Inspector has spoken to Mrs. Jenson and suggested that he put in an overhead door at the rear and front of his new garage and then he can drive through to the rear garage. She has also suggested due to the angle of the home on the lot, the proposed garage addition would be 2.3 to 3 feet from the South lot line. Property irons would be required to be marked at the time of the footing inspection and the existing detached garage would be required to be set away from the principal structure by five (5) feet. Councilmember Swenson suggested that Mr. Jensen take his new request back to the Planning Commission next Monday night for their recommendation. Counci]member Uirick started to make a motion and was interrupted by Mayor Lindlan. At 8:40 P.M. Counci]member U]rick asked the Mayor for permission to make a motion. The Mayor gave his permission. Counci]member Ulrick moved and Swenson seconded a motion to refer this item back to the Planning Commission for their consideration of the new option. The vote was unanimously in favor. Motion carried. 3D. SIGN PERMITS - ST. JOHN'S LUTHERAN CHURCH - 2451Fairview Lane Tracts A to G, Incl., R.L.S. #739 - PID #'s 24-117-24 12 0058 and 24-117-24 12 0014 The Mayor turned the meeting over the Acting Mayor Polston because of a possible conflict of interest. The City Manager explained that this request was made to aid people in finding the Church and was approved by the Planning Commission with a stipulation. Counci]member Ulrick moved and Charon seconded the following resolution. RESOLUTION #81-385 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE SIGNS AS REQUESTED ON THE LOCATIONS PROPOSED SUBJECT TO THE COUNTY'S APPROVAL OF THE ONE ON COUNTY ROAD 15 AND SUBJECT TO THE POLICE CHIEFS APPROVAL OF BOTH LOCATIONS The VOte was unanimously in favor. Motion carried. APPROVAL OF BIDS 4A. MOUND-SPRING PARK WATER CONNECTION The City Manager explained that bids were opened this morning for the Mound-Spring Park Water Connection on C.S.A.H. 125. There were 5 bids received. They were as follows: ]. Ideal Enterprises, Inc. $70,2]7.50 2. G. L. Contracting, Inc. $70,297.50 3. Crossings, Inc. $43,197.O0 4. F. F. Jedlicki, Inc. $79,950.00 5. Widmer Bros., Inc. $62,375.00 The Engineer's estimate for this project was $73,250.00. The City Manager stated that he spoke with the County today and now there is some doubt that the County will have the money to replace the Black Lake Bridge next year. We could still do the project even if the County does not replace the bridge but 194 December 8, 1981 Councilmember Polston questioned who would be responsible for any water main breakage or reroutlng of this line when the County does replace the bridge. George Boyer, of Hickok and Associates and the City Manager recommended~that we defer action on the bids for 30 days or until the first Council Meeting in January to see if the County makes a decision on the replacement of the Black Lake Bridge. Councilmember Polston moved and Swenson seconded a motion to defer action on the bids received until the January 5, 1982, Council Meeting when we may know more about the County's replacing the Black Lake Bridge. The vote was unanimously in favor. Motion carried. 4B. BID: 1982, 3/4 TON PICKUP FOR THE WATER DEPT. The City Manager explained that the bids were opened this morning on the 1982, 3/4 ton pickup truck for the Water Dept. The bids were as follows: $11,675.00 1. Iten Chevrolet $11,675.OO 2. Rudy Lutherls GMC Since these bids came in exactly the same, they were gone over throughly to see what, if any, differences there were between the two. The one thing that the Water Dept. wanted that was different was the springs in the front. Iten will supply heavy duty 3800 lbs. and Rudy Luther will supply heavy duty 2250 lbs. The Water Superintendent wants the 3800 lb. springs because a snow plow will be put on the front of the truck. So the recommendation from the City Manager is Iten Chevrolet at $11,675.00. Councilmember Charon moved and Polston seconded the following resolution. RESOLUTION #81-386 RESOLUTION TO ACCEPT THE BID OF ITEN CHEVROLET IN THE AMOUNT OF $11,675.00 FOR THE 1982, 3/4 TON PICKUP TRUCK FOR THE WATER DEPT. The vote was unanimously in favor. Motion carried. UTILITY BODY FOR THE ABOVE PICKUP The City Manager explained that 3 quotations have been received for the utility body for the new pickup truck. They are as follows: 1. MacQueen Equipment $1,468.OO 2. Truck Utilities $1,481.00 $2,174.00 3. Gar Wood The recommendation is MacQueen Equipment's bid. Councilmember Swenson moved and Polston seconded the following resolution. RESOLUTION #81-387 RESOLUTION TO ACCEPT THE QUOTATION OF MAC QUEEN EQUIPMENT IN THE AMOUNT OF $1,468.OO FOR THE UTILITY BODY FOR THE NEW PICKUP TRUCK The vote was unanimously in favor. Motion carried. APPOINTMENT OF PLANNING COMMISSION MEMBERS The City Manager explained that there are 3 terms on the Planning Commission that will expire at the end of the year. Russ Peterson would like to continue to serve, Stan Mierzejewski was just appointed to serve out an unexpired term and would like to continue, and Margaret Hanson who has resigned from the 195 December 8, 1981 Commission because of other committments. So the only real opening is the position occupied by Margaret Hanson. The Planning Commission has recommended Liz Jensen to replace Margaret Hanson. Counci]member Polston moved and Charon seconded the following resoluti RESOLUTION #81-388 RESOLUTION TO APPOINT THE FOLLOWING PEOPLE on. TO THE PLANNING COMMISSION FOR TERMS BEGINNING JANUARY 1, 1982 TO DECEMBER 31, 1984: 1. Russell Peterson 2. Stan Mierzejewski 3. Liz Jensen The vote was unanimously in favor. Motion carried. Councilmember Polston suggested that the Council should recognize the contributions of three past members of the Planning Commission: Gerald Smith Lorraine Jackson and Margaret Hanson., The Mayor suggested that the Council ask these people to a Council Meeting in January for recognition of their service to the community. Counc~lmember Polston moved and Swenson seconded the following resolution. RESOLUTION #81-389 RESOLUTION TO INVITE THREE PAST PLANNING COMMISSION MEMBERS TO THE JANUARY 5, 1982, COUNCIL MEETING TO RECEIVE RECOGNITION FOR THEIR SERVICES. The vote was unanimously in favor. Motion carried. TAX FORFEITURE LAND PURCHASE - LOT 9,. BLOCK 11, ARDEN The City Manager explained that the above lot is coming up for tax forfeiture sale by the County at a cost of $103.00. This lot is one of two lots that the City doesn't own on Tuxedo Blvd. between the street and the swamp and up the hill from Grimm's Grocery. Since the cost is low, he recommended the purchase of this lot. Councilmember Swe~son moved a d · cIT MANAGER TO PU C.ASE LOT 9. B OCK ,,. A DEN. FROM THE COUNTY FOR 10 .00 AS TAX OR EITURE LAND The VOte was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked for any comments or suggestions from the citizens present. Stan Drahos - Asked if the City has an ordinance that says a fence around a pool has to have the good looking side out for the neighbors benefit. The Council said there was nothing in our ordinances, to their knowledge, that regulated this, but that they would have the staff research and get back to him. CLOSING THE DEPOT FOR THE WINTER The City Manager presented and energy study that has been done by the State - on the Old Depot Building. This report pointed out that a considerable amount of money would have to be invested in this building to make it energy efficient. The City Manager's suggestion, Since we don't have the money to invest, is to close the Depot for the winter months and save the money it costs to heat 196 December 8, 198! this building and keep it open. Councilmember Swenson suggested renting the building out for 12 months out of the year to anyone who would want to rent it on a permanent basis. Councilmember Ulrick moved and Charon seconded the following resolution. RESOLUTION 81-391 RESOLUTION TO CLOSE THE DEPOT FROM JANUARY 4, 1982 UNTIL MARCH 1, 1982. Discussion followed: Mayor Lindlan said he thought it should be closed until May 1, 1982, because before that date the heat would again have to be turned on. Councilmember Ulrick revised his motion and Charon seconded the revision to read as follows: RESOLUTION TO CLOSE THE DEPOT FOR THE MONTHS OF JANUARY AND FEBRUARY AND KEEP IT CLOSED UNTIL THERE IS A REQUEST FOR USE AFTER MARCH l, 1982. Councilmember Polston expressed concern about the deterioration of the Depot if it is not heated. The vote was unanimously in favor. Motion carried. 1982 SANITARY SEWER RATES The City Manager explained to the Council the research he has done so far. With the present rate schedule and the Sewer Fund starting with an $84,000.00 deficit at the beginning of 1981, this fund will be approximately $130,OO0.O0 in the hole by the end of 1981. The Metro Waste Control charges will be increasing approximately $52,000. in 1982 and will be increased about 25% in 1983. The Manager's rate study so far shows that about 52% of the residences in the City pay $16.60 or less per quarter for sewer. He will be presenting his recommendation for the increase in rates as soon as possible. There was Council discussion on an analysis of Metro's bills, infiltration in the sewer system, and a better system of measuring sewage going into Metro's system. The Council decided to table any action on the sewer rates until the Manager submits his recommendation. 1982 SALARY SCHEDULE FOR CITY EMPLOYEES The CityMa_nager explained that this is just a confirmation of salaries for 1982. Councilmember Charon moved and Polston seconded the following resolution. RESOLUTION #81-392 RESOLUTION TO ACCEPT AND CONFIRM THE SALARIES FOR 1982 The vote was unanimously in favor. Motion carried. 1982 FIRE CONTRACTS AND COST PROPOSALS The City Manager explained how he has worked out the Fire Contract fees with the various Cities we contract with. He is now asking the Council for authorization for the Mayor and himself to sign these Contracts. Councilmember'Swenson moved and Polston seconded the following resolution. RESOLUTION #81-393 RESOLUTION TO AUTHORIZE THE MAYOR AND THE CITY MANAGER TO SIGN THE FIRE CONTRACTS WITH THE CITIES INVOLVED The vote was unanimously in favor. Motion carried. 197 December 8, 1981 Councilmember Swenson thanked the City Manager and the Staff for the detailed report on the Fire Contracts. AREA FIRE SERVICE FUND At the Budget Meeting in September the City Manager suggested creating an Area Fire Service Fund for the Fire Dept. This Fund will be paid into quarterly with the payments of the contract cities. The Fire Dept. will then have better control of their budgeted costs and any reserves left at the end of the year will not go into the General Fund as has been done in the past. The reserves, if any, can be used for improvements in the Fire Department. This will also give the Contract Cities an accurate accounting of the Fire Dept. funds. Councilmember Polston moved and Charon seconded the following resolution. RESOLUTION #81-394 RESOLUTION TO CREATE AN AREA FIRE SERVICE FUND FOR THE FIRE DEPARTMENT The vote was unanimously in favor. Motion carried. TREE REBATES The Tree Inspector has submitted a list of people entitled to diseased tree rebates. Polston moved and Swenson seconded a motion to approve the payment of tree rebates as submitted by the Tree Inspector. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS Charon moved and Swenson seconded a motion to approve the payment of the bills as presented in the amount of $87,895.81, when funds are available. Roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS M.S.A. MAINTENANCE FUNDS REQUEST The City Manager informed the Council that we must request an ihcrease in M.S.A. Maintenance Funds before December 15, 1981, to be eligible for these funds. Councilmember Ulrick moved'and Charon seconded the following resolution. RESOLUTION #81-395 RESOLUTION REQUESTING AN INCREASE IN M.S.A. MAINTENANCE FUNDS DUE TO INCREASED MAINTENANCE COSTS ON CITY OF MOUND M.S.A. STREETS The vote was unanimously in favor. Motion carried. COMPREHENSIVE PLAN The City Manager informed the Council that the Metro Council had approved the City of Mound's preliminary comprehensive plan on December 3, 1981. The Mayor asked for time to bring up several items. The Council granted permission. TOBY KRAUSE RETIREMENT Toby Krause will be retiring on January 4, 1982, after 28 years of service to the City of Mound. The Mayor asked that the Council 198 December 8, 1981 commend Toby for his years of service. The Council agreed that along with the Commendation they would proclaim January 4, 1982, as Toby Krause Day in the City of Mound. Councilmember Swenson moved and Polston seconded the following resolution. RESOLUTION #81-396 COMMENDATION PROCLAIMING JANUARY 4, 1982, AS JAMES "TOBY" KRAUSE DAY IN THE CITY OF MOUND. The vote was unanimously in favor. Motion carried. DECEMBER 22, 1981, COUNCIL AGENDA AND MEETING The Mayor suggested that the December 22, 1981, Council Agenda be kept to a minimum and that the meeting start at 7:00 P.M. with the idea that it end around 8:30 P.M. Anything not covered at this meeting could be covered at a meeting on December 29, 1981. The Council all agreed with the Mayor's suggestion. JANUARY 9, 1982, PLANNING MEETING The Council should help with the Agenda for this Special Meeting by contacting the City Manager about items for this Agenda. Councilmember Polston asked to be recognized to bring up the following item. L.M.C.D Councilmember Polston brought up the abolishment of the L.M.C.D. because we have adopted their ordinances, we have our own dock inspector and there are other agencies, less expensive to the City, who could take over the job L.M.C.D. is doing now. Councilmember Swenson stated the only two ways to get out of the L.M.C.D legally are: 1. State Legislation 2. 75% of the participating communities want to pull out. Discussion by the Council included: 1. That the L.M.C.D. is an expensive layer of government that we could do without because of the overlap in agencies dealing with the same problems. 2. Asking Orv Fenstad, our representative, to a future Council Meeting to discuss the L.M.C.D. 3. Asking our State Representatives to work on abolishing the L.M.C.D. The Council decided toask Orv Fenstad to a future meeting and discuss the L.M.C~D. with him. Swenson moved and Charon seconded a motion to adjourn at 10:55 P.M. The vote was unanimously in favor. Motion carried. am, City Manager Fran Clark, Secretary BILLS .... DECEMBER 8, 1981 Auto Con Industries 242 OO Automobile Service Co. 208 46 Acro Minnesota 23 76 Air Hydraulic Systems 91 39 Holly Bostrom 273 18 Frank Blackowiak 24 00 Bryan Rock Products 179 28 Berry Auto & Body 23.35 Robert Cheney 334.00 Conway Fire & Safety 24.89 Continental Telephone 896.98 Dorothy DeLaney 46.35 Diseased Tree Rebates 1,686.00 Don David Ins. 86.00 Duanes 66 10.50 Judy Fisher 15.OO Fadden Pump Co. 46.62 Fire Engineering 12.95 Genuine Parts 2.75 Henn Co. Treas 1,413.OO Eugene Hickok 682.54 Herb's Typewriter 13.85 Lowell's 7.77 The Laker 97.93 Lakeland Envelope 225.37 City of Minnetrista 369.00 Metro Fire Equip 50.00 Marina Auto Supply 366.94 C.S. McCrossan 329.22 Minnegasco 1,369.72 Mound Hdwe 4.18 Wm Mueller & Sons 1,OO8.66 Minn Comm 28.50 Mound Fire Relief 26,244.26 MBL 660.42 Ron Mann 939.50 City of Minnetrista 6,703.59 Mound Postmaster 300.00 Mound Fire Dept 6,372.71 Navarre Hdwe 271.60 Oswald Fire Hose 12.O0 Planning & Development Serv 745.50 Timothy Piepkorn 510.00 Sapir Enterprises 31.40 Howard Simar 120.O0 City of Spring Park 6,703.59 City of St. Bonifacius 1,218.83 Summerhill Investment 500.00 Nels Schernau 10.23 Stacken Sod 110.00 State Board of Electricity 50.00 Thrifty Snyder Drug 15.16 Thurk Bros. Chev 67.63 Thurk Implement 8.10 Water Products 843.91 Westonka Sanitation 50.00 Waconla Bldg Center 50.00 TOTAL BILLS 62,732.57 LIQUOR BILLS Frank Blackowiak 32.00 City of Mound 24.70 Real One Acquisition 675.00 Regal Window Cleaning 10.75 Johnson Paper 212.25 Bradley Exterminating 19.00 Kool Kube 185.30 A.J. Ogle, Inc. 2,180.97 Butch's Bar Supply 104.00 Coca Cola Bottling 178.10 Day Distrib 4,277.85 East Side Bev. 3,751.60 Gold Medal Bev. 233.95 Happy Tyme 170.40 City Club Distrib 2,727.10 Midwest Wine Co. 687.58 The Liquor House 1,812.39 Pepsi Cola/7 Up 260.55 Pogreba Distrib 2,763.55 Thorpe Distrib 4,856.20 TOTAL LIQUOR BILLS 25,163.24 GRAND TOTAL--ALL BILLS 87,895.81