1982-04-06 57
April 6, 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 April 6, 1982 at 7:30 P.M.
Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert
Polston, Gordon Swenson and Donald Ulrick. Also present were: City Attorney
Curt Pearson; City Manager Jon Elam; City Engineer John Cameron; City Clerk
Fran Clark and the following interested citizens: Dennis Spensley, Vern Veit,
Earl Nelson, Gladys Watson, Sherrie Nelson, Gloria Nelson, Rhonda Datson,
Kurt LaBresh, Liz Jensen, Margaret Hanson, Bob Hanson, John Wagman, Gary
Paulsen, Mr. & Mrs. James Thompson, Steve Posthumus, George A. Kinser.
The Mayor opened the meeting and welcomed the people in attendance.
MINUTES
(MARCH 22, 1982 - JOINT MEETING WITH MINNETRISTA)
The minutes of the joint meetTng with Minnetrista held on March 22, 1982 were
presented for consideration. Swenson moved and Charon seconded a motion to
approve the minutes of the March 22, 1982 Joint Meeting with Minnetrista as
submitted. The vote was unanimously in favor. Motion carried.
(MARCH 23, 1982 - REGULAR MEETING)
The minutes of the regular meeting on March 23, 1982 were presented for
consideration. Mayor Lindlan suggested a correction in the spelling of Mayor
Olson's first name in paragraph 4 page 1 from Jan to Gen. Swenson moved
and Polston seconded a motion to approve the minutes of the March 23, 19~2
regular meeting with the correction Mayor Lindlan suggested. The vote was
unanimously in favor. Motion carried.
(MARCH 29, 1982 - SPECIAL MEETING)
The minutes of the special meeting on March 29, 1982 were presented for
consideration. Swenson moved and Charon seconded a motion to approve the
minutes of the March 29, 1982 special meeting as submitted. The vote was
unanimously in favor. Motion carried.
PUBLIC HEARINGS
A. LOST LAKE ADDITION
The City Manager explained that this preliminary plat meets all the
conditions of the subdivision ordinance.
The Mayor opened the public hearing and asked for any comments or
questions of persons present.
Margaret and Bob Hanson asked to see the plat and questioned which part
was being approved tonight. The Council informed them that 5 lots and
Outlot A were being considered tonight. The Hanson's questioned what
the residue of Outlot A would be when the second phase is platted.
Vern Veit explained that Outlot A is future development and if phase
2 is platted as planned now the residue of Outlot A would be an
unbuildable lot. Mr. Veit further stated that if Phase 2 were platted
as planned at this point, he would be willing to dedicate the residue
of Outlot A to the City.
58
April 6, 1982
John Wagman, 5469 Bartlett Blvd. was concerned that Outlot A
would become an access for the residents of this subdivision to use
to get to the lake. Also that it would be used to enhance the
sale of the lots by the developers.
The City Attorney pointed out that the property west of the proposed
subdivision is owned by the City and that the access of Outlot A
only abuts this property not the lake. He also pointed out that
before phase 2 could begin the deYeloper would have to come before
the Council again for approval of that phase.
Dennis Spensley stated that he didn't like the density of the
proposed plat. He was informed that the lots meet the 10,000 square
foot zoning for that area.
Gary Paulsen asked if the land west of Phase 2 is under water. The
Mayor responded that he thinks it is classified as a wetlands.
The Mayor closed the Public Hearing.
The Council discussed the facts that all the concerns of the persons
who spoke are dealt with in the subdivision ordinance or in the
resolution to approve this preliminary plat~ Provision #1 to include
all necessary easements.
Swenson moved and U1rick seconded the following resolution.
RESOLUTION #82-84
RESOLUTION APPROVING THE PRELIMINARY PLAT OF
THE LOST LAKE ADDITION
The vote was unanimously in favor. Motion carried.
B. CONDITIONAL USE PERMIT FOR THE ARCADE
The City Manager presented the Building Inspector's memo dated today
on the Arcade. She states it meets all the requirements. It was
approved unanimously by the Planning Commission.
The Mayor opened the public hearing and asked for any comments from
persons present. There were no comments. The Mayor closed the public
hearing.
Councilmember Swenson stated that he had been at the Arcade today and
agreed with the Building Inspector's report.
Polston moved and Swenson seconded the following resolution.
RESOLUTION #82-85
RESOLUTION APPROVING THE CONDITIONAL USE
PERMIT FOR THE ARCADE AT 5558 AUDITOR'S ROAD
AND THE LICENSES TO MAY 1, 1983 - WITH THE
STIPULATIONS STATED IN RESOLUTION #81-338
The vote was unanimously in favor. Motion carried.
59
April 6, 1982
TRANSIENT MERCHANT - LICENSE POLICY
The City Manager asked for direction from the Council on renting the
Depot for "Sample Sales". The merchants in town do not like this practice
but the practical facts are that these sales make the Depot self-supporting
over the course of the Summer. The rent charged for a I'Sample SaleI' at
the Depot is $100.00 plus the transient license fee. The Legion is rentir,g
their building for these sales also but the people seem to like the location
of the Depot better. The Council felt that policy followed in the Past
should continue.
CALL FOR BIDS - 1982 STREET SEAL COATING PROGRAM
The City Manager explained that this program was discussed at an earlier
meeting when the 5 year program was submitted. He also explained that
75% of the aggregate has already been hauled into town over the past
few months when the Street Department was not busy. The 1982 program
will cover 6.8 miles of streets and all the streets proposed for seal
coating are in need.
Polston moved and Swenson seconded the following resolution.
RESOLUTION #82-86
RESOLUTION TO AUTHORIZE THE ADVERTISMENT FOR BIDS
FOR THE 1982 STREET SEAL COATING PROGRAM
The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
Mayor Lindlan asked for any comments or suggestions from citizens present.
Bob Hanson, 5425 Bartlett Blvd., stated that he was at the last meeting
and objected to his tax dollars going to the Revitalization of Downtown
Mound because he did not shop here, does not get any services from
Downtown Mound and felt the business community should do revitalization
with their own money.
Councilmember Ulrick pointed out that the business community pays higher
taxes than residents and they need the City support to have a good balance
in developments.
Mayor Lindlan pointed out that Mound is unique in that all the upkeep the
City does for the Downtown businesses is charged back to them in assess-
ments every year.
John Wagman, 5469 Bartlett Blvd., asked if the DNR is still interested
in Lost Lake for an access? The Council stated that they have not heard
from the DNR since they were at the meeting March 23rd and from what
they can ascertain from the news media the plans have been halted.
ASSESSMENT CANCEELATION REQUEST - JAMES G. THOMPSON, 4856 ISLAND VIEW DRIVE
The City Manager suggested that Mr. Thompson explain his situation to the
Council. Mr. Thompson stated that he did not know until he received his
Tax Statement this year that he had been assessed for the part of Drummond
Road that abuts his property. He stated that he was told by the old Mayor
and Council that he would not be assessed. He felt there is no benefit
6O
April 6, 1982
to his property because Drummond abuts the rear of his property and the
rear of his garage.
The City Attorney cautioned the Council that they cannot cancel an
assessment without reassessing the entire project. The appeal time is up.
The City Manager pointed out to the Council that Mr. Thompson was only
assessed a minimum front footage charge (40' x $11.70 = $468.00). The
City Engineer agreed and stated there was no error or omission.
The consensus of the Council was that they cannot cancel the assessment
because it would be a benefit to the property if the garage were torn down,
as access to the property could be obtained off of Drummond Road.
ANDERSON BUILDING OPTION - STEVE POSTHUMUS
The City Manager explained that since the articles in the newspaper
suggesting that the City was thinking about disposing of the Anderson Building,
Mr. Steve Posthumus has submitted an option to buy the building. He proposes
to pay $500.00 for a 3 month option with a further 3 month option for
another $500.00 and a total purchase price of $30,000.00. The City Manager
further explained that since this proposed option was received, a letter
from Mr. George Kinser has been received asking that consideration be
given to another option.
Councilmember Ulrick felt that the City should respond tO the first offer
before considering another.
The City Attorney felt the language in the Posthumus proposed option should
be changed with regard to marketable title and an addition of guaranteed
performance added.
Ulrick moved and Polston seconded the following resolution.
RESOLUTION #82-87
RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE
AN OPTION AGREEMENT WITH PROPER LANGUAGE BETWEEN
THE CITY AND STEVEN POSTHUMUS WITH THE SAME ~ONETARY
TERMS AS SUBMITTED BY MR. POSTHUMUS
Discussion followed this motion. The City Attorney pointed out that
it is the Council's responsibility to get the best price it can for
the building.
Mayor Lindlan suggested that since both parties were present they
could explain their ideas on the Anderson Building. The Council agreed,
Steve Posthumus explained that his interest in the Anderson Building was
stirred by the newspaper articles and the fact that he recently completed
a project in Buffalo rehabilitating an old building into a 1st floor
retail setting and offices on the second floor. His feeling is that
the Anderson Building has potential; there is a need for new merchants
and the DAC wants something done with the building. He is planning
on approximately a $500,000 renovation and has contacted some private
investment groups about financing.
61
April 6, 1982
George Kinser stated that he and 2 others are interested in developing
a family restaurant and retail shops, creating a nice looking building,
with emphasis on the restaurant. The restaurant to seat 125. There
are several problems that confront this plan: (1) the basement; (2)
parking availability; (3) the bakery next door. His attorney has
suggested they pursue bonding for the $500,000.00 they would like to
use to rehabilitate the building. This would require the City's
cooperation in selling Industrial Revenue Bonds and at this time
bonding is at 2 points below prime at 5 to 7 years and these figures
don't work so Kinser would suggest that if the City has a firm offer, they
go with it.
Councilmember Polston asked if Posthumus had a firm plan for the building.
Posthumus replied that he did not but that a feasibility study is quite
costly and he wanted the option before he invested money in a study.
The City Attorney stated that before any option were approved, he would
like to check the State Laws to make sure the City is selling the property
properly. He also would like an appraisal of the market value of the
building; whether the City could develop tax increment financing; the
option written to include assurances that the building would be improved
and the City having a say as to how it is developed.
Polston withdrew his second and Ulrick withdrew his motion for Resolution
#82-87.
The Council took no action on the option and is now referring this item to
the City Manager and the City Attorney for further study, evaluation and
recommendations.
DATE CHANGE OF NEXT COUNCIL MEETING
Swenson moved and Charon seconded a motion to set the date for the next
Council Meeting for April 13, 1982. The vote was unanimously in favor.
Motion carried.
CALL FOR BIDS - 1974 OR NEWER VAC-ALL
Polston moved and Swenson seconded the following resolution.
RESOLUTION #82-87
RESOLUTION TO AUTHORIZE THE ADVERTISEMENT FOR BIDS
FOR A 1974 OR NEWER VAC-ALL TO BE OPENED AT 9:30 A.M.
APRIL 26, 1982
The vote was unanimously in favor. Motion carried.
CITY OF MOUND MAPS
The City Manager explained that the City Street Map and the Sanitary Sewer
Map are in woefully bad shape and that McCombs-Knutson has submitted a
$1,900.00 figure to bring both up-to-date.
Councilmember Polston thought that McCombs Knutson was to prepare new
street maps as part of the cost of the street construction. City Engineer
John Cameron stated that the map was not part of the street construction.
The Council asked if the City has maps for the following: Streets;
sanitary sewer; storm sewer; watermain. The Manager and the Engineer stated
that all the maps are in sad shape.
62
April 6, 1982
Ulrick moved and Charon seconded the following resolution.
RESOLUTION #82-88 RESOLUTION THE AUTHORIZE THE CITY MANAGER TO
NEGOTIATE A PRICE ON ALL 4 OF THE NEEDED MAPS
The vote was 2 in favor with Polston, Swenson and Lindlan voting no.
Motion failed.
The City Manager explained that in order to have Mound's Comp Plan
approved by the Metro Council the sanitary sewer may is required.
The Council felt that McCombs Knutson should at least provide the street
map at no cost to the City.
Mayor Lindlan moved and Councilmember Charon seconded the following resolution.
RESOLUTION #82-88 RESOLUTION AUTHORIZING THE CITY MANAGER TO ORDER THE
SANITARY SEWER MAP FOR $1,500.00 AND NEGOTIATE THE
COSTS ON THE OTHER THREE MAPS
The vote was 4 in favor with Polston voting no. Motion carried.
Councilmember Polston voted no because he still believes the Engineer should
supply the street map at no charge.
MINNETONKA BASS CLUB FISHING CONTEST
Ulrick moved and Polston seconded the following resolution.
RESOLUTION #82-89 RESOLUTION APPROVING THE MINNETONKA BASS CLUB
FISHING CONTEST ON JUNE 12, 1982
The vote was unanimously in favor. Motion carried.
LEASE OF CITY LAND FOR A GARDEN
The City Manager explained that for the last several years the Ray Kramer's
2373 Chateau Lane have been leasing the City Land by Well #3 for garden
space. They are again requesting a lease for this with a token fee of $1.00.
Ulrick moved and Polston seconded the following resolution.
RESOLUTION #82-90 RESOLUTION TO APPROVE LEASING THE LAND BY WELL #3
TO THE RAY KRAMER'S FOR THE SUM OF $1.00 TO BE USED
FOR GARDEN SPACE
The vote was unanimously in favor. Motion carried.
PALM READER'S LICENSE - RENEWAL
Swenson moved and Polston seconded the following resolution.
RESOLUTION #82-91 RESOLUTION TO APPROVE THE RENEWAL OF A PALM READER'S
LICENSE FOR MS. LINDA ZEAMYQK KlM SANO
The vote was unanimously in favor. Motion carried.
63
April 6~ ~9B2
CIGARETTE LICENSE - RENEWAL
Ulrick moved and Polston seconded the following resolution.
RESOLUTION #82-92
RESOLUTION APPROVING THE RENEWAL OF A CIGARETTE
LICENSE FOR MARTIN & SON BOAT RENTAL
The vote was 4 in favor with Councilmember Charon voting no. Motion carried.
APPOINTMENT TO TASK FORCE FOR SENIOR CITIZEN HOUSING PROJECT
Swenson moved and Polston seconded the following resolution.
RESOLUTION #82-83
RESOLUTION APPOINTING RUSSELL PETERSON TO THE
TASK FORCE FOR THE SENIOR CITIZEN HOUSING PROJECT
AS A REPRESENTATIVE OF THE CITY
The vote was unanimously in favor. Motion carried.
WIRE TRANSFER AUTHORIZATION
The City Manager explained that from time to time the City of Mound orally
requests the First National Bank of Mpls. to transfer invested funds to
other banks and in order to do this the Council should pass a resolution of
authorization to do so.
Swenson moved and Charon seconded the following resolution.
RESOLUTION #82-93
RESOLUTION AUTHORIZING EXECUTION OF TRANSFER OF FUNDS
AGREEMENT
The vote was unanimously in favor. Motion carried.
VOLUNTEER FAIR
The City Manager explained that the second annual Westonka Volunteer Fair
will be held Thursday, April 29 from l:O0 to 7:00 P.M. and that he felt
the City should have a booth there to look for residents to fill future
vacancies on commissions and solicit for the campaign against higher phone
rates. The Council agreed this was a good idea.
Polston moved and Swenson seconded a motion to authorize the City Manager
to arrange for a booth at the Volunteer Fair.
CABLE T.V. COMMITTEE
The City Manager went over the report from the Cable T.V. Committee. The
Committee has a work plan and have recommended approval of a budget to
carry it through developing a Franchise. Councilmember Ulrick (a ex officio
member of the Committee) commended Tom Creighton and the Cable Committee
for their rapid but comprehensive movement toward establishing cable T.V.
in Mound.
64
April 6, 1982
Charon moved and Ulrick seconded the following resolution.
RESOLUTION #82-95
RESOLUTION TO APPROVE THE PROPOSED BUDGET OF
THE CABLE T.V. COMMITTEE IN THE AMOUNT OF $5,350.00
The vote was unanimously in favor. Motion carried.
The City Manager pointed out that the $5,350.00 would be returned to the
City when Cable T.V. is Franchised.
SPRING CLEAN-UP
The Mayor reminded everyone that the Spring Clean-Up is coming up April 24,
1982.
BILLS
Swenson moved and Ulrick seconded a motion to approve the payment of bills as
presented on the prelist in the amount of $18,169.44, plus the reimbursement
bill submitted by the Mayor in the amount of $57.51, when funds are available.
Roll call vote was 4 in favor with Councilmember Polston abstaining. Motion
carried.
INFORMATION/MISCELLANEOUS
The City Manager gave a brief report on the following:
A. STATUS OF PUBLIC WORKS BUILDING - The Planning Commission did not
want to rezone to Industrial the parcel of land near the sewer plant
that would be given to Fritz Widmer for a $37,500. reduction in the
price of the building and land on County Road 110. If this 3 acre
site near the sewer plant stays as R-1 zoning, Mr. Widmer will only
give the City a $20,O00..reduction in the price of the building and
land on County Road 110. The Purchase Agreement that was signed
stated that the City would rezone the 3 acre site to Industrial.
The rezoning public hearing is scheduled for April 27, 1982.
B. HENNEPIN COUNTY MILL RATES FOR 1982 - Breakdown of the Mill Rate in
Hennepin County.
Co
ANDERSON & SMITH vs. CITY OF MOUND - The City Attorney advised the
Council that he would be in court again on Thursday morning on the
case. There are now 3 separate lawsuits: (1) assessments; (2) storm
sewer; (3) condemnation of property.
D. LETTER FROM TAD JUDE - regarding House File #1609 and the Dram Shop
legislation.
Eo
L.M.C.D. PACKET - Agenda from the March 24th meeting and the Minutes
for the February 24th meeting. (Reminder to the Council of the
April 20th meeting concerning the L.M.C.D. to be held here in the
Mound City Council Chambers.)
F. APRIL CALENDAR
65
April 6, 1982
Go
MINNESOTA PCA LETTER - List of things that the City of Mound
must do with regard to Tonka Corporation's past disposal of
hazardous wastes within the City of Mound.
LEAGUE OF CITIES ACTION ALERT - Several important actions taken by
the Governor and Legislature that might have an immediate effect on
cities' actions.
AMM BULLETIN ~ Notice of the AMM Annual Meeting, Wednesday, May 26,
1982 and a Legislative summary of key items of interest to Cities.
LETTER FROM BILL SCHREIBER - Regarding the tax forfeited lands law
that just passed and is effective on March 23, 1982.
K. LETTER FROM WILLIAM F. KELLEY ON THE WETLANDS ORDINANCE
L. LETTER FROM HENNEPIN COUNTY COMMISSIONER, RICHARD E. KREMER -
Regarding the County's plan for reduction of outstanding warrants.
Mo
DOWNTOWN ADVISORY COMMITTEE REPORT - Minutes from the March 24th
meeting and note that the next meeting will be Aprii 22st at
7:30 P.M. in the Council Chambers at City Hall.
N. LOST LAKE ACCESS - Two articles from the newspaper regarding the
various sites that the DNR has looked into.
Councilmember Polston asked that May 4, 1982 be designated as Community
Services Appreciation Day in the City of Mound for the tremendous work
they are doing within the community.
Polston moved and Charon seconded the following resolution.
RESOLUTION #82-96 RESOLUTION TO DESIGNATE MAY 4, 1982 AT WESTONKA
COMMUNITY SERVICES APPRECIATION DAY IN THE CITY
OF MOUND
The vote was unanimously in favor. Motion carried.
Swenson moved and Polston seconded a motion to adjourn at ll:40 P.M. The
vote was unanimously in favor. Motion carried.
Fran Clark, City Clerk
/g/~ Elam, City Manager
BILLS---APRIL 6, 1982
Air Comm
Earl F Andersen & Assoc
Auto Con Industries
Appl ebaums
Acro Minnesota
Auto Sound
Holly Bostrom
Business Furniture
Janet Bertrand
Conway Fire & Safety
Curtis 10OO
Carmichiel Auto Parts
Francene Clark
Commiss of Revenue
Davies Water Equip
Dependable Services
Ehlers & Assoc
Goodin Company
W.W. Grainger Inc.
Henn Co. Treas.
Eugene Hickok & Assoc
Harris Whse & Canvas
Shirley Hawks
Henn. Co. Sheriffs Dept
Jones Chemicals
Island Park Skelly
L.O.G.I.S.
Lakeland Envelope
Sharon Legg
Doris Lepsch
Lutz Tree Service
Lehn Electric
MacQueen Equip
Miller/Davis Co.
Metro Fone Communications
Mound Postmaster
No. Star Chapt ICBO
Old Dominion Brush
Popham, Haik, Kaufman
Scott Radek
SmokeEater
StateBank of Mound
Title Insurance
Sterne Electric
State Treas.
16.44
220.75
286.70
14.5o
494.O5
26.50
254.00
318.43
22.44
147.56
51.90
445.OO
118.98
2,2~77.88
162.00
33.00
15.OO
56.71
163.62
1,170.00
100.00
8O.OO
173.95
64.73
2O7.5O
9OO.OO
1,382.91
202 34
17 88
6O O0
495 O0
771 34
88 46
15 45
35 4O
6OO 00
20 OO
934.OO
1,265.10
13.35
111.00
15.80
124.O0
68.90
30.O0
Tele Terminals 6?.52
Thein Well Co., Inc. 3,088.00
Dept Weights & Measures 240.00
Waterous Co. 270.~4
Xerox 213.60
Ziegler, Inc. 216.81
TOTAL BILLS 18,169.44