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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. 35 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~<