1982-03-02REGULAR MEETING
OF T~E
CITY COUNCIL
34
March 2, 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 March 2, 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 Curtis Pearson, City Engineer John Cameron, Building Inspector
Jan Bertrand, Finance Director Sharon Legg, Police Chief Bruce Wold, City Planner
Rob Chelseth, Greg Berguist and Greg Skinner of the Water Dept, City Clerk
Fran Clark and the following interested persons: Earl Bailey, Paul Pond, Jim
Wold, Mrs. Tom Watson and Mary Campbell.
The Mayor opened the meeting and welcomed the people in attendance.
MINUTES
The Minutes of the meeting of February 23, 1982, Regular Council Meeting were
presented for consideration. Swenson moved and Charon seconded a motion to
approve the minutes of the February 23, 1982, Council Meeting as submitted. The
vote was unanimously in favor. Motion carried.
COUNTY STATE AID ROAD 125
City Engineer John Cameron was present and has submitted his research on the
City accepting CSAH 125 from Hennepin County after the Black Lake Bridge is
brought up to standards. The following items were covered:
1. Placing this section of road on the City's State Aid system. In order
to do this some other streets, which have not been improved using
State Aid funds, would have to be removed from the State Aid system.
The reason being that only 20% of the total municipal mileage can be
designated as such and the City is virtually at that maximum now.
Also, if a street is removed from the system that has already been
approved by State funds, the City would have to reimburse the State.
He then gave a list of the streets they would propose removing from
the State Aid system.
2. By placing CSAH 125 on the State Aid system and removing the streets
recommended, the City could increase their yearly construction allotment
by approximately $25,000.
3. The County has agreed to a bituminous overlay of CSAH 125 along with
replacement of the Black Lake Bridge before turnback to the City.
This overlay would cover the entire length except for the section
between Cardiff Lane and Claire Lane which was upgraded in 1978 and
at the two bridges which were reconstructed.
4. With the bituminous overlay the present failure and roughness of the
street would be corrected but without removal of some subgrade
deficiencies, he would anticipate that the street would continue to
experience some future cracking and settling. The road has not been
resurfaced for several years and is not requiring extensive maintenance
and with the overlay improving it, the street should not become an
expensive annual~ cost.
Mr. Jim Wold, Chief of Planning and Programming for Hennepin County, was
present to give the City the County's view on this situation.
1. The County is trying to plan with the City on CSAH t25.
2. There are no federal funds available for replacement of this low
priority bridge.
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March 2, 1982
3. The County woulfd ask the County Board to use County State Aid funds
to replace the bridge is the City would take over 125 after its
replacement (estimated cost $594,000).
4. The County would also lay a 2" bituminous mat 36' wide over the
existing 1.5 miles (estimated cost $1.5 million)
5. The City of Mound, by resolution several years ago, agreed that if
the three bridges on 125 were replaced and a bituminous mat laid
the City would accept jurisdiction.
6. The County feels that the geometrics of the Black Lake Bridge are
bad but their inspection shows that the bridge is structurally
good.
The Council felt that curb and gutter should go in before the overlay, but
the County does not recommend putting in curb and gutter on the existing
subgrade or shoulder in certain areas of 125. The County will not install
curb and gutter on 125. The Council feels they should proceed cautiously
in accepting 125 so the City does not inherit a costly problem.
A motion was made by Polston and seconded by Ulrick to have the City Manager
and the Engineer work with the County on studying the roadway and what
effects an overlay would have and report back to the Council at the next
meeting. The vote was unanimously in favor. Motion carried.
PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT
The City Manager outlined the program objectives for the $89,000.00 in the
Community Development Block Grant as follows:
1. $5,000. for a downtown design consultant that could provide
professional technical assistance to the downtown business community.
The money would be spent on a 50-50 basis - grant and individual
contribution.
2. $40,000. as an interest subsidy reduction for downtown business
rehabilitation loans.
3. $30,000. for continuing the city housing rehabilitation program.
This will cover 4-5 additional houses.
4. $10,000. for special assessment grants for low-income persons
(County Road 110 Porject and Street Light Project).
5. $ 4,000. for administration (to cover administrative costs).
The Mayor opened the public hearing and asked for any comments or suggestions
from persons present on additional ways to use thTs money. Paul Pond
from the Downtown Advisory Committee stated that they support uses 1 thru 5
and especially uses 1 and 2. There were no further comments. The Mayor
closed the public hearing.
The Council discussed marking $10,000. of this money for senior citizen housing
because they had previously committed money to them that was not used.
Councilmember Swenson moved and Ulrick seconded the following resolution.
RESOLUTION #82-57
RESOLUTION TO ACCEPT ITEMS 1, 2, 4 AND 5 AS
SUBMITTED AND ADDING ITEM 6-$10,OO0. SENIOR CITIZEN
HOUSING THUS REDUCING ITEM 3 TO $20,000. FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT
The vote was unanimously in favor. Motion carried.
36
March 2, 1982
REVIEW OF SPECIAL USE PERMIT - THE ARCADE
The City Manager covered the history of this Special Use Permit. Jan Bertrand
Building Inspector was present and has submitted her report to the Council
on Mr. Watson's noncompliance with the conditions in Council' Resolution #82-16.
The Council felt that the health and safety conditions not being met was
inexcuseable.
Councilmember Swenson felt that two of the items (g & h) in Resolution 82-16
were not Mr. Watson's responsibility and should not have been included in
this resolution.
Mrs. Watson was present in the absense of Mr. Watson who was ill and suggested
that her husband might be able to better explain his reasons for not complying
if he were present.
The Building Inspector reported that some of the items in Resolution 82-16
were started but without a building permit.
Mayor Lindlan moved and Charon seconded the following resolution.
RESOLUTION #82-58
RESOLUTION TO CANCEL MR. WATSON'S SPECIAL USE PERMIT
TO OPERATE THIS BUSINESS AND THAT CANCELLATION REMAIN
IN EFFECT UNTIL THE WORK LAID OUT IS COMPLETED, AT
WHICH TIME THE SPECIAL USE PERMIT WILL BE REINSTATED
UNTIL JANUARY 1, t983
Councilmember Swenson moved the following amendment to the above resolution.
BEING MR. WATSON IS ILL, GIVING HIM A 30 DAY STAY
AND HAVE HIM AT THE FIRST MEETING IN APRIL TO REPLY
This amendment died for lack of a second.
There was discussion by the Council on not wanting to shut The Arcade
down but at the same time feeling they could not allow it to stay open
at the expense of the public health, safety and welfare.
The City Attorney suggested another resolution with different language
than the one originally moved. Mayor Lindland withdrew the above
resolution and Charon withdrew her second.
Ulrick moved and Charon seconded the following resolution.
RESOLUTION #82-58
RESOLUTION DIRECTING A TEMPORARY SUSPENSION OF
TOM WATSON'S SPECIAL USE PERMIT AND ORDERING A
DUE PROCESS HEARING TO PERMANENTLY REVOKE THE
SPECIAL USE PERMIT
The Council and the City Attorney discussed the idea that if Mr. Watson
were to comply with the conditions in Resolution 82-16 before the
due process hearing (the Building Inspector approving such compliance)
that the Council would consider reinstating the Special Use Permit at
that time.
The vote on the resolution was 4 in favor with Swenson voting no. Motion
carried. Councilmember Swenson wanted the record to show that he voted no
not because of the health hazards but because he felt there were things in
Resolution 82-16 that were not in the original motion and also that the
37
March 2, 1982
City should not have some standards for one person and another for others.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked for any comments or suggestions from citizens present. There
were none.
CONSIDERATION OF BUILDING ON COUNTY ROAD 110
The City Manager explained that there is a building on County Road llO
that could be purchased by the City and used as an alternative to the
Anderson Building storage. This building is on 5 acres, 2½ of which is
under water. It is presently zoned light industrial. The site does not
however have electricity, sewer or water and would have to be filled and
excavated but with these being done would be a perfect place to store
equipment, salt/sand, etc. The asking price is $150,000. A proposal could
be to offer a trade for the land the City owns north of the railroad tracks
on Westedge Blvd. and $110,000, with $20,000 down and a contract over a
period of 5 years.
Swenson moved and Lindlan seconded a motion authorizing the City Manager
and the City Attorney to negotiate a price on this property and building,
the City Manager to figure out the approximate cost of the improvements
to make this building usable for the City and bring back to the Council.
The vote was unanimously in favor. Motion carried.
AMENDMENT TO THE DOCK ORDINANCE
The City Manager explained that when the dock fee system was devised, a
provision was never considered for splitting the dock fee in half when two
senior citizens share a dock. Ordinance #426 was submitted(amending
the dock ordinance to cover splitting the dock fee between two residents)
for Council approval. The Park Commission has already approved this item.
Ulrick moved and Polston seconded the following Ordinance.
ORDINANCE #426
ORDINANCE AMENDING CHAPTER 26, SECTION 26,9303,
ADDING SUBDIVISION 2A TO THE CITY CODE RELATING
TO DOCK LICENSES
The vote was unanimously in favor. Motion carried.
Continental Telephone and Shorewood Lane items on the agenda were deleted.
STATUS ON THE ZUCKMAN CASE
The City Manager reported that the papers have now been served. The City
Attorney reported that there will be a hearing Thursday morning for a
temporary injunction to prevent Mr. Zuckman from going forward and rebuilding
the structure.
DEPOT
The Park Director would like to see the Depot stay closed until April l,
1982 because the parking lot has not been plowed all winter and is still
full of snow and if it does melt this month will become very muddy and
unusable.
38
March 2, 19~2
Ulrick moved and Charon seconded a motion to keep the Depot closed until
April 1, 1982, or until the parking conditions allow. The vote was
unanimously in favor. Motion carried.
WATERMAIN BREAK AT 5014 SHORELINE BLVD
The City Manager explained that there was a watermain break in February
and the water caused damage to 4 apartments in Westonka Villa. A claim
was turned in to our insurance company and they have denied it for the
following reasons:
"As the city's liability insurance carrier, we are only responsible for
those claims in which the city has been shown to be negligent and can
therefore be held responsible. We do not find any negligence or lack
of proper maintenance on the part of the City of Mound..."
Greg Bergquist of the Water Dept. was present and answered several questions
for the Council. He explained that water main breaks are usually caused by
the shifting of soil caused by frost and there is no way for the City to
know about this shifting or do anything about it.
Earl Bailey, the City insurance agent, was present to go over the reason
for the insurance company denying this claim and also stated that if the
City were sued by these people, Home Insurance would defend the City.
If the courts decide that the City has to pay then the insurance company
would pay the claim.
MINNEGASCO FRANCHISE
The City Manager explained that the final draft of the Franchise has been
received from Minnegasco and could now be adopted. He also told the
Council that the excavating ordinance will be given to the Council for
approval next week.
Councilmembers Charon and Swenson asked to have Section 2.3 of this ordinance
deleted. That section reserves the City's right to impose a franchise fee
at any time during the 20 year franchise. The City Attorney advised leaving
Section 2.3 in the Ordinance.
Polston moved and Swenson seconded the following:
ORDINANCE #427
AN ORDINANCE GRANTING MINNESOTA GAS COMPANY, A DELEWARE
CORPORATION, ITS SUSSESSORS AND ASSIGNS, A NONEXCLUSIVE
FRANCHISE, ETC.- DELETING SECTION 2.3
Ulrick moved the amend this motion leaving in Section 2.3. This motion
died for lack of a second.
A vote on the original motion was a roll call vote with 3 in favor and
Mayor Lindlan and Councilmember Ulrick voting no. Motion carried.
SOUTH SHORE CABLE T.V. COMMITTEE
The Mayor moved to contribute $300.00 to the South Shore Cable T.V. Committee
in order to keep all our options open. The motion died for lack of a second.
39
March 2, 1982
HOSQUITOES
The City Manager submitted a report from the Hennepin County Community
Health Department regarding California (LaCrosse) encephalitis that is
carried by some mosquitoes. He also gave each of the Council a copy of
a booklet that came with this letter from the County. The Council all
agreed that the City should make an effort to publish a similar booklet
for the'people of Mound.
BINGO PERMIT, CIGARETTE LICENSES AND TREE REBATE
Ulrick moved and Swenson seconded the following resolution.
RESOLUTION #82-59
RESOLUTION TO APPROVE A BINGO PERMIT, THE
CIGARETTE LICENSES, GARBAGE & REFUSE COLLECTION
LICENSES AND A TREE REBATE
The vote was four in favor with Councilmember Charon voting no. Motion
carried. Councilmember Charon voted no because she does not believe in
smoking and could not vote yes for the cigarette licenses.
PAYMENTS & ESTIMATES
Swenson moved and Polston seconded a motion to approve a Hardrives bill
for the 1981 Streets in the amount of $45,145.75 and one for the 1980
Streets in the amount of $25,230.43. The vote was unanimously in favor.
Motion carried.
CHANGE ORDER #1 AND #3
Swenson moved and Charon seconded the following resolution.
RESOLUTION #82-60
RESOLUTION APPROVING CHANGE ORDER #1, FILE 5388
AND CHANGE ORDER #3, FILE 5387
The vote was four in favor with Councilmember Charon absent. Motion carried.
INFORMATION/MISCELLANEOUS
The City Manager gave the Council information on the following: 1. Twin Cities Labor Market Information pamphlet.
2. Ind. School Dist. #277 Minutes from the Board.
Ulrick moved and Swenson seconded a motion to adjourn at ll:30 P.M. The
vote was unanimously in favor. Motion carried.
C't~Manager, Jon Elam
Fran Clark, Cit~/-Cler~<