1982-01-12REGULAR MEETING
OF THE
CITY COUNCIL
9
January 12, 1982
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 12, 1982, 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, Curt Pearson; Police Chief, Bruce Wold; Park Director,
Chris Bollis; City Clerk, Fran Clark; and the following interested citizens:
Mr. & Mrs. Patrick Sheehan, Gary Paulsen, Mary Campbell, Mr. & Mrs. Leslie
Jensen, Duane Schaller, Lyle Enger, Mary Pauly, Jean Braatz, Gladys Watson,
Delores Maas, Mrs. Gilman, Orv Fenstad, Tom Watson.
The Mayor opened the meeting and welcomed the people in attendance.
MINUTES
The Minutes of the January 5, 1982, Regular Council Meeting were presented for
consideration. Swenson moved and Charon seconded a motion to approve the
Minutes of January 5, 1982, Regular Council Meeting as submitted. The vote
was unanimously in favor. Motion carried.
REVOCATION OF VARIOUS CITY LICENSES - MOUND LANES
The City Manager explained that this was to be a due process hearing allowing
the owner of Mound Lanes to show cause why the City should not revoke various
City Licenses. Since the service of the papers on the owner to show cause,
the bowling alley has been sold to two other people, Mr. Charles E. Carlson
and Mr. Lyle S. Enger. The Police Dept. has done an extensive background
search of the two new owners and cannot find any reason not to issue new
licenses to these people. Mr. Clarence E. Ferris's Attorney today submitted an
Affidavit stating that he no longer will be involved in the management, will
not have any employment with the bowling alley and will have no financial
dealings with the bowling alley except that Lyle Enger and Charles Carlson
are obligated to make installment payments to him pursuant to the terms of
their contract for deed. Also submitted was an Affidavit from Lyle S. Enger
stating that he is in partnership with Charles E. Carlson; that Ferris
will have no connection with the bowling alley; that he is presently
married to Ferris's daughter but separated from her; that they are planning
a dissolution of their marriage and she has nothing to do with the bowling
alley. Mr. Ferris has turned in his licenses to the City.
The City Attorney advised asking for comments from the public. The Mayor
asked if anyone would like to comment during this due process hearing on
the bowling alley. There were no comments.
The City Manager recommended issuance of the Licenses to Enger and Carlson.
Councilmember Swenson pointed out that the bowling alley is open tonight
and has no licenses. The City Attorney advised acting on the new licenses.
Councilmember Ulrick asked if the Council could approve the licenses with
contingencies? The City Attorney stated it was not a good idea. Ulrick
said he had been approached by some members of the community to ask this.
10
January 12, 1982
Polston moved and Swenson seconded the following resolution.
RESOLUTION #82-15 RESOLUTION TO GRANT NEW LICENSES TO
LYLE S. ENGER AND CHARLES E. CARLSON
FOR THE MOUND LANES
The vote was unanimously in favor. Motion carried.
CONTINUATION OF PUBLIC HEARING - SPECIAL USE PERMIT - ARCADE
The City Manager explained that Mr. Watson came in and met with the
Building Inspector. The Building Inspector went to the Arcade and inspected
the premises and has gone over her recommendations with Mr. Watson.
The City Manager then read the resolution that was prepared by the City
Attorney at the last meeting giving approval with stipulations.
Councilmember Ulrick stated that he still has seen no drawn plans for
the Arcade and that Ts what he wanted before voting on the issue. He
felt that since a plan was not present then all the suggestions in the
Building Inspector's Memo should be done and included in the conditions
of the Special Use Permit. Mayor Lindlan and Councilmember Polston
agreed. Ulrick asked Mr. Watson if he thought he could comply with the
recommendations of the Building Inspector by the February 1st date
that is in the resolution. Mr. Watson replied that he could.
Councilmember Polston voiced concern over the several violations of the
original Special Use Permit.
Councilmember Ulrick stated that he felt the Council's responsibility is
the safety and welfare of the general public and that the same emotional
mothers who were here last week advocating the Arcade would be equally
emotional is there was a fire or explosion in the Arcade and children
were killed or injured.
Councilmember Swenson felt that the Building Inspector was at the Arcade
and gave recommendations and now this matter should be an administrative
problem and handled by the City Manager and Building Official.
Mr. Watson stated that all he wanted was a clear picture of what the Council
wanted him to do and he would take care of it. The Mayor asked Watson if
he would be agreeable to the extra conditions in the Building Inspector's
report. He replied yes. Watson also explained the three violations of
the original Special Use Permit and apologized. He felt they were minor
violations.
Councilmember Ulrick moved and Polston seconded the following resolution.
RESOLUTION #82-16 RESOLUTION TO APPROVE THE SPECIAL USE PERMIT FOR
THE ARCADE (TOM WATSON) WITH STIPULATIONS
Councilmember Ulrick then read the resolution prepared by the Attorney
and added 8 points from the recommendation submitted by the Building
Inspector. Discussion by the Council then followed.
The Mayor then asked if anyone, on the Council, would like to amend the
resolution changing the date of Watson's compliance from February 1, 1982,
to a later date in order to give Mr. Watson more than 18 days to comply.
11
January ]2, 1982
Counc]lmember Swenson moved and Mayor Lindlan seconded the following
amendment to resolution #82-16 changing the date of compliance from
February 1, 1982, to March 1, 1982. The vote was 3 in favor with
Councilmembers Polston and Ulrick voting nay. Motion carried.
The Mayor asked for a vote on the original Resolution #82-16 as amended.
Councilmember Ulrick asked for a Roll Call Vote. The Roll Call vote
was 4 in favor with Councilmember Polston voting nay. Motion carried.
Councilmember Ulrick wanted the record to show that he voted in favor
but with due reservations and that he will be the maker of a motion
to revoke this Special Use Permit if compliance is not completed by
March 1, 1982. Councilmember Polston wanted the record to show that he
voted nay because he feels anytime the Council issues any kind of
Special Use Permit, the minimum safety standards for fire protection and
for the health, safety and welfare should be met before the Special Use
Permit is issued. Mayor Lindlan stated that he voted in favor but it
was one of the hardest votes he has ever given because he doesn't believe
a person should be allowed to go into business just anyway he wants to
not taking into consideration the laws of the City.
COMMENDATIONS
The Mayor read the proclamations for the two retiring Park Commission Members,
Jon Lynott and Hal Larson and presented them with their plaques. The entire
Council thanked the 2 for their dedicated service to the community.
COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT
The Mayor asked for any comments or suggestions from the citizens present.
There were none.
TAX FORFEITED LAND - LIST 661 NC
The City Manager explained that this list of 5 parcels was forfeited to the
State of Minnesota for non-payment of real estate taxes. We need to record an
eesement on parcel 1 before releasing it to the County. He is
recommending that the City retain parcels 2 and 3 as part of the wetlands
preservation and letting parcels 1, 4 and 5 go to public auction. This
would then get 1, 4 and 5 back on the tax roles and the maintenance of
these lots would not fall back on the City.
Councilmember Polston asked if the adjoining property owners, to these parcels,
have been notified so they could purchase them. The City Manager explained
that he will contact the adjoining property owners and see if they would
like to purchase the parcels. But, this is rather futile because the County
is not allowing the City to take the land and then turn around and sell it.
So the only thing he can do is notify the adjoining owners that this property
will be coming up for public auction.
Councilmember Charon moved and Swenson seconded the following resolution.
RESOLUTION #82-17 RESOLUTION TO RECORD EASEMENT ON PARCEL 1
RETAIN PARCELS 2 AND 3 AS WETLANDS AND LET PARCELS
1, 4 AND 5 GO TO PUBLIC AUCTION - LIST 661 NC
The City Attorney then pointed out that in letting parcels 4 and 5 go
for public auction when they are undersized lots and cannot be built upon,
12
January 12, 1982
may be buying a lawsuit. This could happen if someone buys this lot
at public auction, comes to the City for a building permit and we tell
him he cannot build and that the land is useless, he can then turn
around and sue the City and force us to condemn the property and pay him
for it.
The City Manager stated that we just can't keep accumulating land. That
takes the land off the tax roles and we end up paying the assessments
against the property.
The City Attorney stated that we have asked for legislation that would
ask the County to allow the City to continue the way we have been with
respect to the City selling land that does not comply with our Zoning
Ordinance and not have it be sold at public auction.
Councilmember Ulrick moved and Polston seconded to amend Resolution #82-17
retaining parcels 4 and 5 and not putting these two parcels up for public
auction. The Roll Call vote was 3 in favor with Councilmember Swenson
and Mayor Lindlan voting nay. Motion carried.
The vote on the original motion for Resolution #82-17 as amended was
4 in favor with Mayor Lindlan voting nay. Motion carried.
STREET RIGHT-OF-WAY VACATION
The City Manager explained that the Planning Commission recommended denial
of this vacation. Their basis for denial was the City Engineer's letter
stating that if Brighton Blvd. were upgraded to M.S.A. standards sometime
in the future, this property would be needed to widen the road. The City
does own other parcels along Brighton for this reason.
Councilmember Swenson moved and Charon seconded the following resolution.
RESOLUTION #82-18 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
AND DENY THE STREET RIGHT-OF-WAY VACATION REQUESTED
BY DUANE SCHALLER
The City Manager pointed out that Mr. Schaller is entitled to a Public
Hearing on this vacation before a decision is made to approve or deny the
request so he is only asking the Council to set a date for the Public Hearing.
Councilmember Swenson withdrew his motion and Charon withdrew her second
of Resolution #82-18 denying the request.
Duane Schaller was present and explained to the Council his reason for
asking for the vacation and what he wants to do. He had a map of his
proposal.
The Council asked the City Manager to check with the City Engineer and
see exactly how much of this 30 foot right-of-way the upgradeing of Brighton
Blvd. would require.
Councilmember Swenson moved and Ulrick seconded the following resolution.
RESOLUTION #82-18 RESOLUTION TO SET THE DATE FOR A PUBLIC HEARING
ON THE STREET RIGHT-OF-WAY VACATION REQUESTED BY
DUANE SCHALLER FOR FEBRUARY 9, 1982, at 7:00 P.M.
The vote was unanimously in favor. Motion carried.
13
January 12, 1982
HIGHLAND PARK - PLAN AND DESIGN
Ms. Mary Pauly and Ms. Delores Maas were present and presented what
the Highland Park Development Committee has come up with in regard
to plan and design for Highland Park. They have sent out survey sheets
to the residents of Highland Park and came up with the following
priorities:
1. Tot Lot
2. Slide and Sewer Pipes
3. Tennis Court
4. Basketball Court
5. Shelter
Chris Bollis, Park Director, was present and explained that he has
let this Committee do alot of the ground work in developing their plan
and feels they have done an excellent job.
The Council asked about funding for this project. Chris replied that
the Committee was only concerned with planning and not funding. The
funding would come later after a plan was adopted. There appears to
be some private funding but the main funding would have to come from the
City since all Grant Funds seem to be drying up.
The Mayor explained that the 1982 Budget is already set and operating and
there is no money available this year, but with some long range planning
maybe in 1983 or 1984 some money could be allocated. Ms. Pauly and
Ms. Maas stated that they understood and were not asking for an instant
park to appear. They realized it was a fews years off. They are looking
for support for their plan.
The Council complimented the people involved on the Committee for their
fine efforts.
Councilmember Ulrick moved and Polston seconded a motion to support the
Highland Park Committee in the development of Highland Park and the
priorities they have established and this should be put in the long range
plan. The vote was unanimously in favor. Motion carried.
REMOVAL OF A HAZARDOUS DWELLING
The City Manager explained that this assessment against Lot 9, Block 24,
Shadywood Point should have been certified this last Fall but was an
oversight on the part of the staff. A resolution is needed at this time.
Councilmember Ulrick moved and Swenson seconded the following resolution.
RESOLUTION #82-19
RESOLUTION CERTIFYING ASSESSMENT TO THE COUNTY
AUDITOR FOR REMOVAL OF A HAZARDOUS DWELLING ON
LOT 9, BLOCK 24, SHADYWOOD POINT (PLAT 61980
PARCEL 9040) PID #13-117-24 11 0091, INCLUDING
ALL COSTS
The vote was unanimously in favor.
Motion carried.
L.M.C.D
Orv Fenstad, Mound's representative to the L.M.C.D., was present to answer
any of the Council's questions. The Council thanked him for attending this
meeting.
14
January 12, 1982
The Mayor asked if Orv felt there was still a need for the L.M.C.D?
Mr. Fenstad answered, yes definitely, that the L.M.C.D. is the only
controlling body on Lake Minnetonka and if the lake is misused and not
controlled it will become a dead sea like it almost became before the
L.M.C.D.
The Council explained that now Mound has its own Dock Inspector and
is policing itself, has adopted all of the L.M.C.D. Ordinances and
feels that $7,000. in dues to the L.M.C.D could be better used elsewhere.
Mr. Fenstad passed out a copy of the legislative law on the L.M.C.D and
pointed out Section 11 which deals with the dissolution of a lake
conservation district and reads, "A lake conservation district may be
dissolved by the decision of the governing bodies of three-quarters of the
municipalities in the district. The decision of a town shall be made by
the board of supervisors of the town.'l There are 15 communities in the
L.M.C.D.
The Council questioned the cost of staffing the L.M.C.D. Mr. Fenstad
replied that there is one administrator at $32,000./year, 1 secretary
full time and 1 dock inspector. He stated that the L.M.C.D's greatest
cost was legal fees. Mr. Fenstad stated that the Save the Lake Organization
contributes alot of donations to the L.M.C.D.
Mr. Fenstad complimented Mound on their efforts to handle its own problems,
but commented that Mound is unique in having a supervisory person to handle
any problems.
Councilmember Polston stated that it is not his intention to down the L.M.C.D.
but that we have to do away with overlapping layers of government. He
would like to check with the other 14 communities and see if we can all
work together and do it for less money. The L.M.C.D. should look at their
cost effectiveness in this time of financial crisis and turn more responsi-
bility over to the individual cities.
Mr. Fenstad replied that he has polled the other members of the L.M.C.D.
and 2 would probably follow Mound, 2 maybe, and the rest are for keeping
the L.M.C.D.
Councilmember Polston moved and Swenson seconded a motion directing the
City Manager to write a letter to the other 14 communities and ask if
they favor restructuring or reevaluating the L.M.C.D.
Councilmember Ulrick felt that writing a letter to poll the other
communities would be a waste of time and money when they have already
been polled.
Mr. Fenstad stated that the crux of the problem is the Legislature.
He felt that the only way to do away with the L.M.C.D. is legislation.
The Council opinion was that the L.M.C.D. was originally setup to
do a specific job and that it has done that job. Now it is time to
turn responsibility over to the communities.
The vote was 4 in favor with Councilmember Ulrick voting nay. Motion
carried.
KNIGHTS OF COLUMBUS PROCLAMATION
15
January i2, 1982
The City Manager explained that the Knights of Columbus has asked for
permission to solicit contributions for the mentally retarded on
April 30, May 1 and May 2, 1982, in the downtown area of Mound. They
have also asked the Council to formally proclaim those three days
as "Tootsie Roll Days"
Councilmember Ulrick moved and Swenson seconded the following resolution.
RESOLUTION #82-20
RESOLUTION TO PROCLAIM APRIL 30, MAY 1 AND
MAY 2, 1982, AS "TOOTSIE ROLL DAYS" IN MOUND
The vote was unanimously in favor. Motion carried.
MINNEGASCO FRANCHISE ORDINANCE
The City Manager presented the proposed ordinance that he and Jim Larson,
City Attorney have put together to submit to Minnegasco and would like
any suggestions the Council may have for additions. Councilmember
Ulrick felt that sentence #1 in Section 3.2 should read, in part,
after "obtained a permit" the addition of "and payment of fee"
The City Manager and the City Attorney advised that a separate ordinance
covering all utilities for underground digging should be adopted if the
Council choses to charge a fee for the permit. This fee would then cover
staff time and inspection time before and after the digging.
Councilmember Polston felt that Section 5 was a good section because it
gives the City recourse.
The Council directed the City Manager to submit this proposed Franchise
Ordinance to Minnegasco with one change: (sentence #1 to read)
Section 3.2 Street Opening. The Company shall not open or disturb
any street or public place for any purpose without first having
obtained a permit and paid such fees as declared by Ordinance, to
do so from the proper City officials.
LOTS 13A AND 13B, BROOKTON ADDITION
The City Manager explained that the City has received a Quit Claim Deed
from Mr. Sears of Sears Imported Auto, on Lots 13A and 13B, Brookton
Addition. It is obvious to see why he does not want the lots, because
there are $14,750.91 worth of assessments against these lots and they
only have a value of $500.00 each. They are very low lots and do not
appear to be buildable lots. The question is does the City Council want
to accept these lots as a gift. The concensus of the Council was to
accept the lots and see if there is something we can do with them.
Councilmember Ulrick asked if the City could waive the assessments so
prospective buyers would want to do extensive filling of the property
to make it a buildable site. The City Attorney explained that assessments
cannot be waived and if these are unbuildable lots, maybe they should
never have been assessed to begin with.
Councilmember Swenson moved and Polston seconded the following resolution.
16
January 12, 1982
RESOLUTION #82-21
RESOLUTION ACCEPTING THE QUIT CLAIM DEED
FROM SEARS IMPORTED AUTO FOR LOTS 13A AND
13B, BROOKTON ADDITION
The vote was unanimously in favor. Motion carried.
PAYMENT OF BILLS
Councilmember Swenson moved and Ulrick seconded a motion to approve the
payment of the bills as presented in the amount of $60,861.13, when funds
are available. Roll Call vote was unanimously in favor. Motion carried.
REVISED BUDGET FIGURES
The City Manager explained that the Finance Director would like the
Council to approve the revised Budget figures as they have been revised
downward since they were originally adopted in September, 1981,
Resolution #81-301. This should be done for the Auditors.
Councilmember Swenson moved and Charon seconded the following resolution.
RESOLUTION #82-22
RESOLUTION REVISING THE 1982 BUDGET AND SELF-
SUPPORTING FUND EXPENSES ADOPTED IN RESOLUTION
#81-301
The vote was unanimously in favor. Motion carried.
SIDEWALK SNOW BLOWER/SWEEPER
The City Manager reported that the City has found a sidewalk snow blower/
sweeper that will take care of the new sidewalks in town. It is capable
of working on a 5' sidewalk. He is looking for a motion to advertise
for bids. The money for paying for this machine would come from the
Equipment and Capital Outlay Fund.
Councilmember Polston moved and Swenson seconded the following resolution.
RESOLUTION #82-23 RESOLUTION TO AUTHORIZE ADVERTISING FOR BIDS ON
A NEW SIDEWALK SNOW BLOWER/SWEEPER WITH BIDS TO
OPEN FEBRUARY 9, 19R2, AT lO:O0 A.M.
The vote was unanimously in favor. Motion carried.
INFORMATION AND MISCELLANEOUS
The City Manager briefly went over the following information items and
provided back-up material for the Council to go over.
1. A Revenue Sharing Bulletin from the Revenue Sharing Advisory Service.
2. A letter from theMetropolitan Council confirming the adoption of
the Mound Comprehensive Plan and their recommendations.
3. A letter from the City of Minnetrista's Attorney asking for another
resolution stating opposition to the location of a solid waste sanitary
landfill (site M) in the City of Minnetrista.
Councilmember Ulrick moved and Polston seconded the following resolution.
BILLS ....... JANUARY 12, 1982
David Boyd
Blackowiak & Son
Bryan Rock Products
F.H. Bathke
Bowman Barnes
Coast to Coast
Continental Telephone
Egan McKay Elec.
Glenwood Inglewood
Eugene Hickok
Geo. M. Hansen Co.
Henn Co. Fire Chiefs Assn
Interntl Conf. Bldg Offic.
Lake Mtka Conserv. Distr
League of MN Cities
Illies& Sons
Metro Area Mgmt Assn
MN State Fire Dept Assn
Lake Region Mutual Aid
Minn Comm
Marina Auto Supply
C.S. McCrossan
Minnegasco
Wm Mueller & Sons
N.W. Bell
Document Section
City of Mound
Metro Waste Control
Navarre Hdwe
N.S.P.
Planning & Devel. Serv
Timothy Piepkorn
Robt Ptacek
Police Officers 7@150.00
± '82 unif allow
Police Supervisors 2@340.00
'82 unif allow
Nels Schernau
Spring Park Car Wash
Sterne Electric
State Bank of Mound
Thurk Bros. Chev.
Widmer Bros.
Ziegler, Inc.
Total Bills
25.00
62.00
69.61
13.80
116.55
68.13
8OO.21
227.43
56.OO
951.OO
2,8OO.OO
10.OO
6O.OO
1,998.50
15O.OO
1,430.25
5.OO
9O.OO
10.O0
28.5O
471.13
100.OO
2,534.49
768.12
6O.3O
16.00
56.OO
841.50
227.82
5,218.41
728.OO
825.OO
25.OO
1,050.OO
680.00
9.68
71 O7
538 O0
lO 30
87 35
506 OO
447 47
24,243.62
LIQUOR BILLS
Blackowiak & Son
Real One Acquisition
Regal Window Cleaning
Bradley Exterminating
Mtka Refrig.
Kool Kube
A.J. 0gle, Inc.
Butchs Bar Supply
Coca Cola Bottling
Day Dist.
East Side Bev.
Gold Medal Bev
Happy Tyme
Home Juice
City Club Dist.
Midwest Wine Co.
The Liquor House
Pepsi Cola
Pogreba Dist
Thorpe Dist
Griggs, Cooper
Johnson Bros. Liq
Old Peoria
Ed Phillips
Total Liquor Bills
32.00
675.00
10.75
19.OO
32.45
89.90
2,67O.4O
326.20
212.45
3,097.30
3,520.46
118.45
266.40
53.06
3,216.65
1,327.26
1,315.0~
170.25
3,O35.25
4,323.75
3,135.48
3,582.91
2,457.68
2,929.45
36,617.51
GRAND TOTAL--ALL BILLS 60,861.13
~7
January 12, 1982
RESOLUTION #82-24 RESOLUTION OPPOSING LOCATION OF A
POTENTIAL SOLID WASTE SANITARY LANDFILL
(SITE M) IN THE CITY OF MINNETRISTA
The vote was unanimously in favor. Motion carried.
4. A letter from the City of Spring Park agreeing with the Mound
City Council's decision not to go thru with the Spring Park/
Mound Water Connection over the Black Lake Bridge.
5. The L.M.C.D. meeting schedule for January, 1982.
6. The gambling reports from the VFW.
7. An Action Alert from the League of Minnesota Cities - subject
State-Local Financial Crisis (Information Meetings Scheduled).
8. Articles from the St. Paul Pioneer Press and the Minneapolis
Tribune on the finances of the State.
9. Legal papers served on the City by Margaret Vanecek for an
accident that happened during road construction in 1980.
These papers have been forwarded to the City Attorney and
the City insurance company.
10. A memo listing the appointments remaining in effect for 1982.
CABLE TV
The Council discussed the development of a City Cable TV Committee that
would get a package together, get a plan going and then asking the other
cities if they would like to tie in with us. The City Manager has been
in contact with Mr. Tom Creighton who was the professional advisor for
Shorewood in their development of a Cable TV plan and he would be willing
to work with us. The City Manager suggested that on this Committee there
should be 5 members, 1 ex officio member from the School Board,
1 ex officio member of the City Council and the City Manager.
Councilmember Charon moved and Swenson seconded the following resolution.
RESOLUTION #82-25 RESOLUTION CREATING A CITY OF MOUND CABLE TV
COMMITTEE AS PER THE MANAGER'S RECOMMENDATION,
DROPPING OUT OF THE WESTONKA CABLE TV COMMITTEE
AND AUTHORIZING A REIMBURSEMENT OF MONEY TO
SPRING PARK AND ST. BONIFACIUS
The vote was unanimously in favor. Motion carried
STREET LIGHTS - DOWNTOWN
Councilmember Polston asked why all. the lights are not lit yet. The City
Manager explained that everything is being done that can be done to get all
the lights lit. Polston also mentioned that there are several of the old
lights that are still lit. Manager will ask N.S.P. to turn off the extra
lights.
City Clerk
Councilmember Swenson moved and Polston seconded a motion to adjourn at 11:30 P.M.
The vote was unanimously in favor. Motion carried.