1982-05-04 89
May 4, 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 May 4, 1982 at 7:30 P.M.
Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert
Polston and Gordon Swenson. Councilmember Donald Ulrick arrived at 7:55 P.M.
Also present were: City Manager Jon Elam, City Attorney Curt Pearson, Police
Chief Bruce Wold, Dock Inspector Don Rother, City Clerk Fran Clark and the
following interested citizens: Gary Gasperini, Bryan Clem, Clinton Gables,
Donald Harris, Mike Lugauer, Donna Lugauer, Antoinette Case, Dave Griffin,
Tom Roden, Ron Johnson, Frank Buysse, Gary Freund, Vivian Massuch, Verna Hasse,
Dan Christianson, Gary Paulsen.
The Mayor opened the meeting and welcomed the people in attendance.
MINUTES
The minutes of the regular meeting on April 27, 1982 were presented for
consideration. Councilmember Swenson asked that on page 85, under the heading
Part-Time Plumbing Inspector the following be added "Of the permit fees
collected 85% will go to pay the inspector and 15% will go for administration."
Councilmember Polston asked to have page 81, paragraph 3 corrected to read,
"Councilmember Polston stated that it was budgeted, .... ". Swenson moved
and Polston seconded a motion to approve the minutes of the April 27, 1982
regular meeting, as corrected. The vote was unanimously in favor. Motion
carried.
WESTONKA CHAMBER OF COMMERCE
The Mayor introduced the new Manager of the Westonka Chamber of Commerce
Mr. Don Harris. Mr. Harris stated that he is excited about this new job
challenge and looks forward to working with everyone along County Road 15.
AVALON BEACH - DOCKS
The City Manager explained the background of the Avalon Park area to the Council.
1. An Easement was given to the City from the Avalon Park Improvement
Association in 1977 for park purposes.
2. A letter from some of the residents in the~area to the Park Commission,
dated 7-20-77 recommending the following:
"a. Keep the park usage limited to a picnic and swimming area.
b. Do not allow boat docking, or docks, or boat launching from the park
property. Boat traffic can be a hazard to swimmers, and an unsuper-
vised dock could be a potential danger to young children.
c. Restrict vehicular traffic thru the park - during both summer and
winter months. This not only destroys the lawn, but the parking area
and road access is very limited. We ask this not only for the park
members and persons in the immediate area who will be using the park,
but also out of consideration for the immediate neighbors to the park."
3~ Resolution #77-368 - The Council concurring with ~he Park Commission
limiting Avalon Park use to swimming and picnicing.
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May 4, 1982
4. June 23, 1978 - Conveyance of Tax Forfeited Lands - Avalon Park
to the City of Mound because some $8,000.00 in taxes were not paid.
5. Resolution #81-399 dated 12-22-81 - The Council concurring with the
Park Commission decision to allow up to 8 dock sites at Avalon Park.
The reasons for putting docks in Avalon Park are as follows:
1. The L.M.C.D. allowed the City to increase their dock sites on
Commons and Parks from 380 to 400 in 1982.
2. A heavy demand from people on the Island for close-in dockage.
3. This is one of the most underused beaches and parks in the City.
4. It is only a short walk to Pembrook Beach.
The Manager explained that this item is on the Agenda to enable persons from
the neighborhood to give their opinions on allowing docks at Avalon Park.
The Mayor asked for a show of hands of the people present interested in this
item. Approximately 10 to 15 people raised their hand. He then asked for
comments from these people.
6 persons spoke against assigning docks to the Avalon Beach.
stated that:
1.
2.
They
They didn't feel there was enough room for 8 docks.
They felt the neighborhood should have been notified before a decision
was made to allow docks in this area.
They presented a 3 page petition, signed by approximately 100 people
living in the area, stating "We the undersigned oppose Resolution
No. 81-399 with moral reliance to the original Resolution No. 77-368;
accepted policy of limiting Avalon Park use to swimming and picnicing;
no boat docks or launching".
Councilmember Ulrick arrived.
4. The Park is used extensively by the neighborhood.
Traveling to Pembrook Beach, because of the narrow streets and
having no sidewalks, is hazardous to children's safety.
6. Parking on these narrow streets will cause problems.
7. Dock will destroy the Park.
The Mayor brought this item back to the Council for discussion.
Four Councilmembers voiced reasons the docks should be at Avalon Park.
1. There is no conflict between using the Park area and having the
docks in the lake.
2. Avalon Park is only ½ mile from Pembrook Beach.
3. There are 3 other beaches on the Island.
4. The Council's actions are in the interest of everyone in the
community not just some.
5. The Dock Ordinance is fair and works very well in other areas and
will work well in this one also.
6. The docks will be rented to people from the Island area.
Councilmember Polston felt that since he was a member of the Council
in 1977 when Resolution #77-368 was passed that he had an obligation
to stand for that Resolution.
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May 4, 1982
Swenson moved and Charon seconded the following resolution.
RESOLUTION #82-130
RESOLUTION AMENDING RESOLUTION #81-399 PARAGRAPH
3 - AREA 1 - ALLOWING A MAXIMUM OF 6 DOCKS IN
AVALON PARK
Roll call vote was 4 in favor with Councilmember Polston voting nay.
Motion carried.
The Council explained to the persons present that the Park Commission will
review the Avalon Park docks at the end of the season and make adjustments
if necessary.
REVIEW OF ADS
Ao
3 ACRES BY SEWER PLANT
The City Manager presented the ad he has worked up for the 3 acre
site near the sewer plant and asked for the Council's comments and
suggestions. The Council discussed advertising the price of
$37,500 as maybe being unrealistic. It was decided to just put
"make offer" in the ad. The ad will be run in the next three
Sunday Mpls. Tribunes, the next two issues of the Sun and The
L~.'" .~" '. ....
ANDERSON BUILDING
The City Manager presented the ad he has worked up for the Anderson
Building redevelopment. Mayor Lindlan suggested that"strategic
high traffic corner" be added to the location. This ad will be
run in the next three Mpls. Sunday Tribunes, the next two issues
of the Construction Bulletin and will be sent to all the people
who expressed and interest in the building.
DRAINAGE PROBLEM BETWEEN BALSAM AND SPRUCE
The City Manager explained that the 1974-75 Street Improvement was done without
storm sewer and curb and thus this area between Balsam and Spruce is a
perpetual problem. He presented a letter from the City Engineer explaining
what will have to be done to rectify this drainage problem and the cost
estimate of $4,150.00. This could be charged to the 1979 Street Improvement.
Councilmembers Polston and Swenson stated that they thought this problem
was taken care of when the streets went in and if it wasn't, it should have
been done.
Ulrick moved and Polston seconded the following resolution.
RESOLUTION #82-131
RESOLUTION AUTHORIZING THE MANAGER TO GO AHEAD
AND IMPLEMENT THE DESIGN PLAN SUBMITTED BY THE
CITY ENGINEER TO RESOLVE THE DRAINAGE PROBLEM
BETWEEN BALSAM AND SPRUCE
The vote was unanimously in favor. Motion carried.
MOUND V. MILLER - 1980 STREET IMPROVEMENTS CONDEMNATION
The City Attorney reported that the Commissioners determined that the damages
are only in the amount of $950.00 instead of the $7,000.00 requested by the
owners of the property. He is requesting that a check in the amount of
$950.00 be sent to his office and they will transmit to the proper persons.
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May 4, 1982
Also three checks in the amount of $400.00 each should be made out to
each of the Commissioners and sent to them directly.
Swenson moved and Charon seconded a motion to approve the payment of
$950.00 payable to David O. Miller and Barbara J. Miller, husband and
wife, as joint tenants, and the Secretary of Housing and Urban Development
of Washington, D.C. Also payment of $400.00 (total of $1200.00) to each
of the following Commissioners: James E. Ford, Joel A. Seltz and John
Janske. The vote was unanimously in favor. Motion carried.
INDEMNIFICATION RESOLUTION
The City Manager explained that during the insurance review, it was
recommended by William Husbands that the Council pass a resolution
authorizing indemnification of deductible amounts for public officers.
The City Attorney has drawn this up for Council approval.
Polston moved and Swenson seconded the following resolution.
RESOLUTION #82-132 RESOLUTION AUTHORIZING INDEMNIFICATION OF
DEDUCTIBLE AMOUNTS FOR PUBLIC OFFICERS
The vote was unanimously in favor. Motion carried.
CDBG RESOLUTION
The City Manager explained that Hennepin County needs a resolution to
accomplish the following:
1. locally adopt the Procedual Guides - Urban Hennepin County Housing
Rehabilitation Grant Program, July, 1981;
2. designate Hennepin County as the program administrator for the
City of Mound;
3. authorize Hennepin County to retain 7% of Year VII allocation of
CDBG funds for housing rehabilitation as an administrative fee.
This fee will remain about the same as it was last year, $1,400.00.
Polston moved and Ulrick seconded the following resolution.
RESOLUTION #82-133 RESOLUTION REGARDING URBAN HENNEPIN COUNTY HOUSING
REHABILITATION ADMINISTRATION FOR 1982
The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked for any comments or suggestions from the citizens present.
The City Manager explained that he had advised Mr. Gary Freund to appear
at this time on the Agenda and discuss the house located at 6639 Halstead
Avenue. Mr. Freund was present and submitted a letter dated May 4, 1982
and signed by himself, Ms. Vivian A. Massuch, Cklair A. Hasseo and Verna
Hasse asking for removal of this structure or complete reconstruction and
conformance with proper inspection and construction standards and in
compliance with City of Mound Ordinances and State of Minnesota Codes.
The City Attorney reported to the Council and persons present what has
been done stating that we are on top of this situation but we have to go
thru the legal court system which can move slow.
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May 4, 1982
The City Manager stated that the City will follow the Attorney's instructions
and have the Building Inspector reinspect the structure and write up a
detailed report to be submitted to both the City Attorney and the City Prose-
cuting Attorney for their recommendations. The Staff will keep the Council
up to date on this matter.
BUILDING PERMIT REFUND
The Building Inspector has requested a refund of permit fees - 6639 Halstead
Lane because they were issued in error and the owner of the property would
be required to file for a variance. The owner has failed to apply for the
variance so the permits issued are being voided and a refund should be
given.
Ulrick moved and Polston seconded a motion to refund $78.50 for Building Permit
#5920 and $30.50 for Plumbing Permit #82-15 to West Suburban Properties,
4363 Wilshire Blvd., Mound, MN. 55364. The vote was unanimously in favor.
Motion carried.
PURCHASE AGREEMENT - NEW MAINTENANCE BUILDING
The City Manager reported that a soil report done before the building was
erected showed soft material and that it looks like the slab under the
building is only a 6II slab. He would like to have Twin City Testing come
out and check the soil and the slab to be sure this property and building
will meet the needs of the City. The Council opinion was not to sign any
purchase agreement on the property until Twin City Testing has given a
report. The Attorney advised that an option could be entered into contingent
on the test results.
Swenson moved and Polston seconded a motion to enter into an option agreement
for 30 days, giving $100.OO down and getting a report on the soil conditions
and having the slab checked out to be sure the building will fit the City
needs. The vote was unanimously in favor. Motion carried.
APPROVAL OF REVENUE SHARING BUDGET
The City Manager explained that some of the items in the Budget may be high
and will come in lower in price, but at least it is a Budget to work within.
He explained that he lowered #16 (downpayment toward public works building)
to $15,O00 because the Building Fund does have $28,000 in it. He also
reduced #17 (handicapped access) to $10,OOO because he will have Jan, the
Building Inspector work on this and she feels it won't cost over this amount.
The Mayor asked the Council if there were any objections to the items on the
list. Councilmember Ulrick asked if they could add #18 (Tennis Courts in
Brookton Park). It was added.
Councilmember Ulrick moved and Swenson seconded the following resolution.
RESOLUTION #82~134 RESOLUTION APPROVING THE 1982 REVENUE SHARING
BUDGET WITH THE ADDITION OF ITEM #18
The vote was unanimously in favor. Motion carried.
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May 4, 1982
SET DATE FOR PUBLIC HEARING - CONDITIONAL USE PERMIT - PDQ STORE
Swenson moved and Ulrick seconded a motion to set the date for a public
hearing for a Conditional Use Permit for the PDQ Store to construct 2
gasoline pump islands for May 25, 1982 at 7:30 P.M. The vote was unanimously
in favor. Motion carried.
SET DATE FOR PUBLIC HEARING - ON & OFF SALE BEER LICENSES - THREE POINTS
TAVERN
Swenson moved and Polston seconded a motion to set the date for a public
hearing for On & Off Sales Beer Licenses for Three Points Tavern for
May 11, 1982 at 7:30 P.M. The vote was unanimously in favor. Motion carried.
COMMUNITY SERVICES APPRECIATION DAY
The Mayor presented the Proclamation #82-96 that was passed on April 6, 1982
to Donald Ulrick. This proclaimed May 4, 1982 as Community Services
Appreciation Day in the City of Mound. The Council all congratulated Mr.
Ulrick on the fine work Community Services does.
MOUND-WESTONKA POP SINGER'S DAY
Polston moved and Swenson seconded the following resolution.
RESOLUTION #82-135 RESOLUTION PROCLAIMING MAY 16, 1982 AS MOUND-
WESTONKA POP SINGER'S DAY IN THE CITY OF MOUND
The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
The City Manager submitted information on the following items:
A. LETTER FROM DNR ON LOST LAKE - Outlining why the DNR found the
Lost Lake site not an acceptable alternative for an access.
Bo
LETTER FROM THE U.S. POST OFFICE - notifying the City that they
will be looking for other quarters and will be forced to vacate
their present quarters by September 30, 1982.
C. L.M.C.D. MINUTES AND AGENDA - the March 24, 1982 Meeting Minutes
and the Agenda for the April 28, 1982 Meeting.
LETTER TO DON DAVID INSURANCE - A certified letter that the City
Attorney wrote placing him/her on notice of the City's intent to
look to that agent for reimbursement should any claim arise as a
result of the 41 day gap in the Liquor Liability Policy.
E. EHLERS & ASSOCIATES FINANCIAL NEWS - a newsletter on government
finances.
F. LETTER TO THE PCA - The City's answer to the PCA letter regarding
dump sites in Mound that may have been used by Tonka Toys.
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May 4, 1982
LETTER FROM PLANNING AREA 4 ABOUT CDBG FUNDS - finding the C~ty of
Mound's Community Development program as proposed for Year VIII is
consistent with the Urban Hennepin County Statement of Objectives.
URBAN CORPS - The City Manager reported that in order to get interns
to work for the City during the summer, the Urban Corps required a
contract be signed between themselves and the City of Mound.
Polston moved and Swenson seconded the following resolution.
RESOLUTION #82-136
RESOLUTION AUTHORIZING THE CITY MANAGER AND
THE MAYOR TO SIGN CONTRACT WITH THE URBAN
CORPS
The vote was unanimously in favor. Motion carried.
CITY/POLICE RADIOS - The City Manager reported that the Auction
on May 1, 1982 brought $2825.00. He explained that for some time
the City has been in need of communication equipment to be able
to contact the Police cars direct and he is proposing the purchase
of 4 radios (3 to be installed in the squad cars and 1 to be set
up in the office) for this purpose. The cost of these radios is
approximately $395.00 each and could be paid for out of the money
received from the Auction.
Polston moved and Swenson seconded a motion to approve the purchase
of radios out of the Auction fund. The vote was unanimously in favor.
Motion carried.
Swenson moved and Ulrick seconded a motion to adjourn. The vote was unanimously
in favor. Motion carried.
Fran Clark, City Clerk
m, City Manager