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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.