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1982-01-05 1 January 5, 1982 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 January 5, 1982, at 7:30 P.M. Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Gordon Swenson and Donald Ulrick. Also present were City Manager, Jon Elam; City Attorney, Curt Pearson; Water Superintendent, Greg Skinner; George Boyer of Hickok & Associates; City Clerk, Fran Clark; and the following interested citizens: Mr. & Mrs. Patrick Sheehan, Mrs. Gladys Watson, Randy Bickmann, Sara Miller, Peter Ward, Vern Marsh, Steve Brown, Beth Brown, Elizabeth Jensen, Gary Paulsen, Jayne Paasch, Eva VanDerSteeg, Patty Straub, Lorraine Jackson, Ruby Steckel, John Hedberg, Gerald Smith, Margaret Hanson, Mike Morrison, Pika Morrison, Mary Campbell, Ed Fithyan, Mrs. John Morrison. Councilmember Polston was absent and excused. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the December 29, 1981, Special Council Meeting were presented for consideration. Swenson moved and Charon seconded a motion to approve the Minutes of December 29, 1981, Special Council Meeting as submitted. The vote was unanimously in favor. Motion carried. CONTINUATION OF PUBLIC HEARING - PARKING LOT IMPROVEMENT The Mayor explained the parking lot improvement proposal and that the public hearing is continued from November 24, 1981. The City Manager explained that since the November 24, 1981, public hearing an abbreviated plan for the lot was presented. This plan would not include the Bickmann property and could be done for about ½ the cost, but it would only provide about 6 extra parking spaces and would only leave a 14' alley way for traffic. The only problem with this plan is that it would be on private property that the City does not have easements or leases for and therefore unless these easements or leases are obtained the City cannot do any improving. The Mayor opened the public hearing and asked for any comments from the people present. Peter Ward (owner of the Tom Thumb) - spoke for himself and on behalf of Mike Mueller of Mueller's Pharmacy, who could not attend this evening. He stated that he and Mr. Mueller are all for the improvement because this would give the laundry between their two stores more parking. It would also even out and pave the area the Tom Thumb uses for deliveries. Ward stated that he was under the impression that an easement for the property had been given to the City. He stated that all the merchants in this center have paid for the other lots in town and now it is their turn to get their lot improved. Mrs. Morrison (owner of the laundry and the property behind the Tom Thumb where the proposed six new parking spaces would be) stated that she felt the area should be kept as a back alley and not be considered a street. She f61t that maybe this entire improvement 2 January 5, 1982 should be a private project. She wasn't sure if she wanted to iv~ the C~y ~ ea~mept to the pFopert¥. The ~ayor aske~ about a ~ s~oewalk that is on the engineer's plan for the area abutting the center in the rear and stated he felt this was an essential item. Pete Ward explained that the merchants did not want a 5' sidewalk in the rear because they use the area for pick-ups and deliveries and the sidewalk would just be wasted. At present all the dumpsters sit on the area where the sidewalk would be put. Mike Morrison, who has a rug service, stated that he needs to pull up close to his back door in order to load the rugs and a sidewalk is not what he wants. The Council came to the following conclusions about this improvement: 1. This improvement should probably be a private project because there are no leases on this lot like others in the C.B.D so the City should not be ma~ntaln~ng this lot and cannot make any improvements until easements are given. 2. An easement would have to be obtained or condemnation of the Bickmann property before there could be any improvement of the area behind the Tonka Building which would yield the lot the most additional parking spaces and an adequate width of access from the Mound Clinic Parking Lot. 3. That all the owners should sit down and explore their options for this project because as it stands the City cannot improve private property. A motion was made by Councilmember Swenson and seconded by Councilmember Charon to continue this public hearing until February 9, 1982. The vote was unanimously in favor. Motion carried. Randy Bickmann stated that he felt there was no need for the City to expend time and money on a project for private property that should be done by the people who would benefit from the project. COMMENDATIONS The Mayor read the proclamations for the three retiring Planning Commission Members, Gerald Smith, Lorraine Jackson and Margaret Hanson and presented them with their plaques. The entire Council thanked all 3 for their dedicated service to the community. RENEWAL OF ARCADE LICENSE The City Manager explained the Arcade's 60 day Special Use Permit is up for renewal and as per the Council's request at the time of issuance, he has a list of things that he has received complaints about. 1. The Arcade opened earlier than 2:30 P.M. on one occassion. 2. There were no bike racks installed. 3. The City did not receive a list of the machines in the Arcade until late December. 4. He has received about 6 calls from adjacent neighbors complaining about litter, trespassing, etc. 3 January ~;, 1982 The Mayor asked for any comments from the citizens present. Mike Morrison - Since the kids have a place to go they are not hanging around the other end of town and causing problems in that shopping center. He has been to the Arcade and feels the kids are posing no problem to anyone. Pika Morrison - She is in favor of the Arcade remaining. Mary Campbell - Has 4 teenagers living in Mound, has been to the Arcade and has never seen any misconduct in or around it. There is no other place for the kids to go in Mound. We should be encouraging businesses in Mound not discouraging them. Steve Brown - Has children that go to the Arcade and has gone himself to check it out. There is no smoking, drugs or vulgar language because the management doesn't allow it. A number of other persons spoke in favor of the Arcade. Councilmember Charon moved and Swenson seconded the following resolution. RESOLUTION #82-1 RESOLUTION TO GRANT THE ARCADE A RENEWAL OF THEIR SPECIAL USE PERMIT FOR AN ADDITIONAL 60 DAYS BEGINNING JANUARY 1, 1982 The following discussion followed: Councilmember Ulrick stated that the City Council deals with matters of health, safety and welfare for the general public. He has already told Watson previously that he could not vote in favor the the renewal because he felt there was no planning done before Watson opened this Arcade for the health, safety and welfare of the public. Councilmember Swenson stated that businesses have never had to provide plans to the Council for a new business. Councilmember Ulrick stated that this is a Special Use Permit not an approval of a commercial business. Mayor Lindlan felt that Watson could have finished off the walls in a more appropriate way and that it is the responsibility of Watson as a merchant to make the Arcade a desirable place in the downtown area. Watson stated that he did not want to put too much money into the place until he was sure the Council would renew the Special Use Permit and allow him to remain in business. Councilmember Charon withdrew her resolution and Councilmember Swenson withdrew his second. Councilmember Charon moved and Swenson seconded a motion to table any action on the renewal of this Special Use Permit until the January 12, 1982, Council Meeting. The vote was unanimously in favor. Motion carried COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked for any comments or suggestions from the citizens present. Margaret Sheehan (manager of the Grandview Apartments) - Who is responsible for shoveling the sidewalks by the Grandview Apartments, the senior citizen housing and the P.D.Q. on Three Points? 4 January 5, 1982 The Mayor explained that the subject of shoveling all the new sidewalks in town will be discussed at the January 9th Planning Meeting that the Council is holding. The Council realizes it is a problem. Councilmember Ulrick asked for the floor. The Mayor granted his request. Ulrick referred his comments back to the Arcade stating that if Watson was willing to work with the Building Inspector, City Mananger and the Staff to bring the Arcade up to code by a certain date, he would be willing to vote in favor of the renewal. March 1, 1982, was the date he had in mind. MOUND-SPRING PARK WATER CONNECTION The City Manager stated that the latest development with the County is that they still may find the money somewhere other than Federal Funding to repair the Black Lake Bridge in 1982. The County's main objective in getting the Black Lake Bridge repair is based on a City Resolution from 1976 stating that when the County updates all the bridges on County Road 125 and brings the road up to date that then the City would take over the Road. The problem with putting in the connection with the old bridge is that there are major differences in the connection if done with the old bridge or done with the new bridge and the County doesn't want the responsibility to relocate the water main if it is not done at the same time as the repair. The low bid contractor for the water connection will probably not hold firm his bid for another 30 days. So the question is to approve or not approve the bids tonight. George Boyer, from Hickok & Associates, was present and stated that from his conversations with the County the bridge repair has a 50/50 chance for this summer. If the County does not repair the bridge the City would still need permission and a permit from the County to do this water connection and he felt that if they do not do the repair they would not be likely to grant permission for the connection. And regardless of the water connection, Island Park needs a new well. Mr. Boyer then explained that the first step in drilling a new well would be to drill test holes. He then presented some preliminary cost estimates for a new well. The Council asked for an approximate date that the well would be completed if acted upon immediately. Boyer responded that barring any complications the later part of the Summer in 1982. The Council also asked what Boyer's recommendation would be on the water connection if the well was drilled. Boyer stated that he would not recommend the water connection at this time if the new well is started. Councilmember Ulrick moved the following resolution. RESOLUTION #82-1 RESOLUTION TO REJECT ALL THE BIDS FOR THE SPRING PARK- MOUND WATER CONNECTION DUE TO THE FACT THE COUNTY HAS NOT DECIDED TO DO THE REPAIR WORK ON THE BLACK LAKE BRIDGE The City Attorney stated that a resolution to reject the bids is not necessary because if the bids are not acted upon within 30 days after the bid opening, they will automatically be considered rejected. 5 January 5, 1982 Councilmember Ulrick then withdrew his resolution. Councilmember Swenson moved and Charon seconded the following resolution. RESOLUTION #82-1 RESOLUTION DIRECTING THE ENGINEER, HICKOK & ASSOCIATES TO PREPARE PLANS AND SPECIFICATIONS TO DRILL 2 TEST HOLES IN ISLAND PARK AND PRESENT THEM TO THE COUNCIL ON JANUARY 26, 1982 AT THE COUNCIL MEETING The vote was unanimously in favor. Motion carried. The City Manager informed the Council that he has written to Spring Park relating our problems with the water connection and now the need for a new well and is awaiting their response. SNOW PLOW QUOTATIONS The City Manager presented the quotes that were received on the snow plow for the new Water Department truck. They were: 1. Berry Auto & Body, Inc. $1383.00 253 East Lake Street Wayzata, MN. 55391 2. LeHass Mfg. & Sales, Inc. $1415.00 3575 State Highway 13 St. Paul, MN. 55112 Councilmember Ulrick moved and Swenson seconded the following resolution. RESOLUTION #82-2 RESOLUTION APPROVING THE QUOTATION OF BERRY AUTO & BODY, INC. IN THE AMOUNT OF $1383.00 FOR A SNOW PLOW The vote was unanimously in favor. Motion carried. DOWNTOWN ADVISORY COMMITTEE The Downtown Advisory Committee, at its December 9, 1981 committee meeting, recommended approval of $600.00 from their budget for completion of plan draft by Rob Chelseth. Councilmember Ulrick moved and Charon seconded the following resolution. RESOLUTION #82-3 RESOLUTION TO APPROVE THE PAYMENT OF $600.OO FROM THE DOWNTOWN ADVISORY COMMITTEE BUDGET FOR COMPLETION OF PLAN DRAFT BY ROB CHELSETH The vote was unanimously in favor. Motion carried. PLUMBING LICENSE ORDINANCE The City Manager explained that the plumbing license in the City has not been increased but that there is a sentence in the ordinance that should be deleted because it prorates the $15.OO license fee to a minimum of $5.00 which means the longer a plumber waits to renew the License the cheaper it is. 6 January 5, 1982 Councilmember Ulrick moved and Swenson seconded the following ordinance. ORDINANCE #425 ORDINANCE AMENDING CHAPTER 26, SECTION 26.61 OF THE CITY CODE The vote was unanimously in favor. Motion carried. 1982 ORGANIZATIONAL MATTERS ao APPOINTMENT OF ACTING MAYOR FOR 1982 Mayor Lindlan moved and Swenson seconded the following resolution. RESOLUTION #82-4 APPOINTING COUNCILMEMBER DONALD ULRICK AS ACTING MAYOR FOR 1982 The vote was unanimously in favor. Motion carried. bo DESIGNATION OF OFFICIAL NEWSPAPER Councilmember Charon moved and Ulrick seconded the following resolution. RESOLUTION #82-5 DESIGNATING THE LAKER AS THE OFFICIAL NEWSPAPER FOR 1982 The vote was unanimously in favor. Motion carried. DESIGNATION OF OFFICIAL DEPOSITORY Councilmember Swenson moved and Charon seconded the following resolution. RESOLUTION #82-6 DESIGNATING THE STATE BANK OF MOUND AND MINNESOTA FEDERAL (MOUND BRANCH) AS THE OFFICIAL DEPOSITORY FOR 1982 The vote was unanimously in favor. Motion carried. do CITY CLERK'S BOND Councilmember Ulrick moved and Swenson seconded the following resolution. RESOLUTION #82-7 RESOLUTION APPROVING THE CITY CLERKIS BOND OF $20,000 FOR 1982 The vote was unanimously in favor. Motion carried eo CITY TREASURER'S BOND Councilmember Charon moved and Ulrick seconded the following resolution. RESOLUTION #82-8 RESOLUTION APPROVING THE CITY TREASURER'S BOND OF $20,000. for 1982 The vote was unanimously in favor. Motion carried. 7 January 5, 1982 fo APPOINT COUNCIL REPRESENTATIVE TO PLANNING COMMISSION Counc|lmember Charon moved and Ulrick seconded the Following resolution. RESOLUTION #82-9 RESOLUTION APPOINTING COUNCILMEMBER SWENSON AS COUNCIL REPRESENTATIVE TO THE PLANNING COMMISSION FOR 1982 The vote was unanimously in favor. Motion carried. go APPOINT COUNCIL REPRESENTATIVE TO PARK COMMISSION Councilmember Ulrick moved and Swenson seconded the following resolution. RESOLUTION #82-10 RESOLUTION APPOINTING COUNCILMEMBER CHARON AS COUNCIL REPRESENTATIVE TO THE PARK COMMISSION FOR 1982 The vote was unanimously in favor. Motion carried. h. APPOINTMENTS TO WESTERN AREA FIRE TRAINING ASSOCIATION BOARD Councilmember Swenson moved and Charon seconded the following resolution. RESOLUTION #82-11 RESOLUTION APPOINTING GERALD BABB AND DON BRYCE TO THE WESTERN AREA FIRE TRAINING ASSOCIATION BOARD FOR 1982 The vote was unanimously in favor. Motion carried. The Mayor reminded the Council of the January 9th Planning Meeting and asked if there were any additions to the preliminary agenda that was passed out tonight. If there are any additions, Councilmembers should get them to the City Manager to be added to the Agenda. PAYMENT OF BILLS Councilmember Ulrick moved and Swenson seconded a motion to approve the payment of the bills as presented in the amount of $41,838.90, when funds are available. Roll call vote was unanimously in favor. Motion carried. AMEND AND CORRECT RESOLUTION #81-127 The City Manager explained that there was a typographical error in the property description of the West Tract in Resolution #81-127 that was passed on April 21, 1981. We will have to send an amended and corrected copy of the resolution to the County. Councilmember Ulrick moved and Swenson seconded the following resolution. RESOLUTION #82-12 RESOLUTION AMENDING AND CORRECTING THE PROPERTY DESCRIPTION OF THE WEST TRACT IN RESOLUTION #81-127 The vote was unanimously in favor. Motion carried. DESIGNATION OF DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY The City Manager explained that Leonard Kopp has now resigned from the S.R.A and the Cable T.V. Committee and that the Council needs to designate new people. Councilmember Ulrick moved and Swenson seconded the following resolution. 8 January 5, 1982 RESOLUTION #82-13 RESOLUTION DESIGNATING PINKY CHARON DIRECTOR AND ROCK LINDLAN ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY The vote was unanimously in favor. Motion carried. ZONING ORDINANCE The City Attorney has submitted summary of the new Zoning Ordinance for publication. This will save the City a substantial amount of money because it will not have to publish all 60 some pages of the Zoning Ordinance. Councilmember Ulrick moved and Charon seconded the following resolution. RESOLUTION #82-14 RESOLUTION APPROVING THE PUBLICATION OF THE TITLE AND A SUMMARY OF THE ZONING ORDINANCE ADOPTED DECEMBER 29, 1981 The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS Councilmember Swenson was asked by the Council to set up a tour of the Western Area Fire Training facility in St. Bonifacius. The City Manager briefly went over the following information items and provided back-up material for the Council to go over. 1. Action Alert from the League of Minnesota Cities - Subject: Action Needed Now to Solve Budget Crisis. 2. A letter from George M. Hansen Company to the State Senators regarding withholding of state aid to cities and how this will affect cities' annual financial reports. 3. A report from the League of Minnesota Cities 1981 Conference entitled The Financial Condition of Cities-Part 1 - Subject: Traditional and Innovative Revenue Sources. 4. An article on The Twin Cities - A Home Buyer's Quide to Location Taxes and Services. 5. A letter from Tom Hagedorn on the I.R.S and exempt organizations. (This has now been settled and the relief associations will maintain their federal tax exempt status.) 6. The Minutes from Ind. School District #277 School Board Meeting. Councilmember Swenson moved and Ulrick seconded a motion to adjourn at The vote was unanimously in favor. Motion carried. Fran Clar~l~7, cTt~y Clerk 10:30. BILLS ..... JANUARY 5, 1982 Acro-Minnesota 119.77 Applebaums 15.03 Chapin Publishing 202.80 Holly Bostrom 262.25 Jan Bertrand 9.24 Gary Cayo 11.O6 Commissioner of Revenue 2,862.37 Calif. Tax Foundation 4.00 Robert Cheney 326.00 M.P. Dickson Elec. 170.00 Director Property Taxation 289.38 " " " 289.38 Dependable Services 33.00 Davies Water Equip 183.00 Jon Elam 15.40 Feed Rite Controls 22.66 Flexible Pipe Tool 48.16 Henn Co. Chf Police PTAC 25.00 Henn Co. Sheriffs Dept 232.00 Henn Co. Treasurer 726.00 Intrntl Conf. Bldg Officials 303.85 Lowells 12.53 The Laker 49.38 Mound Postmaster 110.76 " " 300.00 City of Mound 54.21 Mound Fire Dept 3,962.00 MN Pollution Control Agcy 80.00 N.S.P. 313.O1 Pitney Bowes Credit 26.00 PERA 2,398.81 Scott Racek 9.59 Reo Raj Kennels 139.50 State Treasurer 1,O26.48 ,i ,, 15.00 Tri State Drilling 873.23 Thrifty Snyder Drug 11.O6 Unitog Rental Syst. 275.75 ~acon~a R~dgev~ew Hosp 20.00 Westonka Sanitation 50.00 Intrnt! Assn Chf Police 25.00 MN State Fire Chf Assn 50.00 West Henn Human Serv. 353.00 Metro Fone Commun. 35.40 Burlington Northern 533.33 Griggs, Cooper 7,724.79 Johnson Bros. Liquor 8,310.51 Old Peoria 3,160.07 Ed Phillips & Son 5,769.14 TOTAL BILLS 41,838.90 TRANSFERS Street to Imp & Equip Outlay 1,666.66 Park " i, ,, 333.33 Finance " ,i ,, 80.17 Elections " " 25.00 Diseased Trees" " 176.66 Sewer " i, i, 375.00 Water " " " 416.67 Cemetery " " 25.00 Street to Shop & Stores 441.56 Water " " " 388.83 Bldg Inspector ,i ,i 316.80 Police" " " 366.72 Liquor to General 1,5OO.O0