1982-05-25 104
May 25, 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 25, 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 Manager
Jon Elam, City Attorney Curt Pearson, Police Chief Bruce Wold, City Clerk
Fran Clark and the following interested citizens: John Wagman, Bob Hanson,
Margaret Hanson, Gary Paulsen, David Klein, Dick Carlson, Glenn Rogers.
The Mayor opened the meeting and welcomed the people in attendance.
MINUTES
The minutes of the regular meeting on May II, 1982, were presented for consideration.
Swenson moved and Charon seconded a motion to approve the minutes of the May 11,
1982, regular meeting, as presented. The vote was unanimously in favor. Motion
carried.
PUBLIC HEARINGS
A. DELINQUENT UTILITY BILLS
Mayor Lindlan opened the public hearing and asked for any comments or
objections from the public on the delinquent utility bills. There were
none. The Mayor closed the public hearing.
Swenson moved and Charon seconded the following resolution.
RESOLUTION #82-145
RESOLUTION APPROVING THE DELINQUENT UTILITY BILLS IN
IN THE AMOUNT OF $2234.91 AND AUTHORIZING THE STAFF
TO SHUTOFF WATER SERVICE FOR THESE DELINQUENT ACCOUNTS
The vote was unanimously in favor. Motion carried.
B. CONDITIONAL USE PERMIT - GASOLINE PUMPS - PDQ STORE
The City Manager explained that the Planning Commission has approved this
Conditional Use Permit with the Building Inspector's recommendations.
The Mayor opened the public hearing. Mr. Shelton, a representative of
PDQ Stores, presented a picture to the Council of a similar operation
in Eden Prairie.
The Council questioned having 3 underground tanks and only 2 dual pumps.
Mr. Shelton explained that the third underground tank would be for
putting another fuel in at some future date if needed.
Ulrick moved and Swenson seconded the following resolution.
RESOLUTION #82-146
RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION WITH THE BUILDING INSPECTOR'S
CONDITIONS ON PAGE 1044 OF THE COUNCIL PACKET AND
ADDING #8- APPROVING 3 UNDERGROUND TANKS AND 3
PUMPS
The vote was unanimously in favor. Motion carried
105
May 25, 1982
EXPANDED CLEAN-UP CAMPAIGN
The City Manager explained that he has worked up some ideas on how to
handle the cleaning up of some 300 to 400 lots in the City of Mound.
This would be an expanded campaign but cannot be done overnight. His
plan would be:
1. Create a City Employee Task Force with cameras and note pads to go
over the entire City lot by lot and block by block.
2. Review the City Ordinances to insure we have the legal tools to
enforce the clean-up.
3. Identify everyone who has junked cars, trash or junk in their yards
or lots.
4. Send out a letter giving these people 30-60 days to clean-up their
property. The letter will outline specifically what needs to be
done.
5.Follow-up the process by checking each site after 45 days.
6. After the 60 days has expired, if progress has not been made, a
citation will be issued. Next, l0 days will elapse and specific
arrangements made to correct the violations by the property owner or
7. Prosecution will begin and a court order sought to insure clean-up
compliance begins.
8. If action still isn't taken, the City will hire a clean-up crew, keep
tract of the costs and assess the costs back against the property.
The City Manager also stated that if the city wide clean-up in the Spring
and Fall would include all items of trash, maybe we wouldn't have the problems
we have now. That will be looked into before the Fall Clean-Up.
Ulrick moved and Charon seconded a motion to authorize the Staff to prepare
an expanded City Clean-Up Campaign using the points above. The vote was
unanimously in favor. Motion carried.
GRAVEL DRIVEWAY PROBLEM
The City Manager explained that one of the city's most difficult problems
is keeping the crushed rock from dri'veway runoff out of the streets and
storm sewers. He is proposing that the City develop an ordinance to at
least require from 5 to 10 feet of hard surface back of the gutter be i~nstalled
in all driveways. The City Attorney stated that legally the City cannot do
this. Councilmember Swenson pointed out that when people hard surface their
driveways their taxes go up so he could see why people would not want a hard
surface drive. No action was taken on this item.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if there were any comments or suggestions from citizens present.
John Wagman - asked why the Wetlands Ordinance was going to have to be
reapproved and a public hearing held.
The Mayor explained that the reason for the reapproval and hearing
was because after the original one the Map was changed to more
accurately reflect the size and location of the wetlands thus
the entire procedure must be done over.
WINE LICENSE & SET UP PERMIT - AL & ALMA'S - RENEWAL
Polston moved and Ulrick seconded the following resolution.
106
May 25, 1982
RESOLUTION #82-147 RESOLUTION AUTHORIZING RENEWAL OF A WINE LICENSE
AND SET-UP PERMIT FOR AL & ALMA'S RESTAURANT
The vote was unanimously in favor. Motion carried.
MISCELLANEOUS LICENSES - CIGARETTE AND GAMES OF SKILL
Ulrick moved and Swenson seconded the following resolution.
RESOLUTION #82-148 RESOLUTION AUTHORIZING ISSUANCE OF LICENSES
AS LISTED ON PAGE 1060 OF THE COUNCIL PACKET
The vote was 4 in favor with Councilmember Charon abstaining. Motion carried.
PUBLIC DANCE PERMIT
The City Manager explained that the Mohawk Jaycees have applied for a Public
Dance Permit for the Pond Sports Arena for June 12, 1982, and have asked
that the fee be waived. This will be a "Schools Out" benefit dance.
Ulrick moved and Charon seconded the following resolution.
RESOLUTION #82-149
RESOLUTION AUTHORIZING THE ISSUANCE OF A PUBLIC
DANCE PERMIT TO THE MOHAWK JAYCEES FOR JUNE 12,
1982, AT THE POND SPORTS ARENA FROM 7 P.M. TO 12
MIDNIGHT
The Vote was unanimously in favor. Motion carried.
TAX FORFEITURE LANDS - RECONVEYANCE
The City Manager asked the Council if they had any reasons why the 17 lots
listed on page 1062 of the Council Packet should not be reconveyed back to
the County for private auction to adjacent property owners.
The City Attorney voiced concern over the possibility of reconveying the
following three lots:
Lot 1, Block 2, Halstead View
Lot 4, Block I, Halstead View
Lot 3, Block 1, Halstead View
because he felt that it would be bad planning for the future. The majority
of the Council felt that these three lots have a history of problems and
that selling them to adjacent property owners and getting them back on the
tax roles is most important at this time.
Polston moved and Swenson seconded a motion to direct the Staff to prepare
resolutions for each of the lots outlining the reasons the lot is being sold,
giving whatever special assessments are outstanding, interests of abutting
property owners and stipulating that if the abutting property oWners are
not interested in purchasing the lot that the City retains ownership.
The vote was unanimously in favor. Motion carried.
107
May 25, 1982
WOOD CHIPPING - REFUNDS
The City Manager explained that there are refunds for woodchipping
because of prepayment for the service.
Ulrick moved and Charon seconded a motion to approve the refunds for
woodchipping to the following persons:
1. Brent Miller, 4524 Tuxedo Blvd.
2. John Richard, 3037 Highland Blvd.
3. Vern Christianson, 3098 Shoreline Blvd.
4. Byron Petersen, 3100 Highland Blvd.
The vote was unanimously in favor. Motion carried.
$30.00
30. OO
30.00
30. OO
COMMUNITY DEVELOPMENT ACTIVITIES ~ PART OF YEAR VIII URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT
The City Manager explained that to complete development of the Year VIII
Urban Hennepin County Statement of Projected Use of Community Development
Block Grant funds, it is requested that the Council enact a resolution
authorizing inclusion of the following activities in the Statement of
Projected Use of Funds:
1. Downtown Commercial Building Rehab Design
2. Low Interest Commercial Rehabilitation Loans
3. Housing Rehabilitation
4. Special Assessment Grants
5. Elderly Housing Development
6. Administration
$ 5,000
40,000
20,000
10,000
lO,O00
4,890
Charon moved and Swenson seconded the following resolution.
RESOLUTION #82-150
RESOLUTION AUTHORIZING THE SUBMISSION OF COMMUNITY
DEVELOPMENT ACTIVITIES FOR THE CITY OF MOUND TO
HENNEPIN COUNTY FOR CONSIDERATION AS PART OF THE
YEAR VIII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT APPLICATION IN ACCORDANCE WITH THE HOUSING
AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED
The vote was unanimously in favor. Motion carried.
PARKING - MANCHESTER ROAD
The City Manager explained that from what he can ascertain, the street
construction crews must have put up "No Parking Anytime" signs on Manchester
from Brighton Blvd. to the Commons, because there is nothing in the parking
ordinance covering this area. Thus, the signs have been removed and
"No Parking Nov. 15 to April 15" signs have been installed on the south side
of Manchester. The south side has no curb.
Dave Klein and Dick Carlson, who live on Manchester by the Commons, are
objecting to the "No Parking Anytime" signs being removed. Since the signs
were put up last year, they have had no problems with vandalism, thefts,
kids parking, parties or noise. They would propose allowing parking on the
other side of Cambridge but not right down to the lake.
I o8
May 25, 1~J82
Councilmember Swenson stated that the area between Brighton Blvd. and the
Commons on Manchester was never signed 'lNo Parking" before last fall.
The Council felt they did not have appropriate background information to
make a decision.
Ulrick moved and Charon seconded a motion to defer action on this subject
until the June 8th meeting when background ~nFormat~on could be furnished.
The vote was unanimously in favor. Motion carried.
THREE POINTS BLVD. SIGNING
The City Manager stated that John Cameron has pointed out that when Three
Points Blvd. was done the City signed a contract stating that there would
be "No Parking Anytime" signs on all of Three Points Blvd. from Commerce
Blvd. to Resthaven.
Polston moved and Ulrick seconded the following amendment to the Parking
Ordinance:
ORDINANCE #433 AN ORDINANCE AMENDING SECTION 46.29, SUBSECTION 60 (c)
BY ADDING SUBDIVISION #10 - "NO PARKING ANYTIME" ON
BOTH SIDE OF THREE POINTS BLVD. FROM COMMERCE BLVD.
TO RESTHAVEN
The vote was unanimously in favor. Motion carried.
Mayor Lindlan stated that he would like to see the Stop Sign at the corner
of Gull and Three Points Blvd. on Three Point Blvd.. elimina'ted. Bruce Wold,
Police Chief explained that the sign is there to slow traffic down on
Three Points Blvd.
Mayor Lindlan moved to have the Stop Sign taken down and Caution Signs put
up in its place. Motion died for lack of a second.
CROSSWALKS
The Police Chief explained that Hennep|n County will install and sign a cross-
walk on the north side of Three Points Blvd. at Commerce Blvd. but they will
not do the crosswalks on Shoreline Blvd. because of manpower cutbacks. The
City Manager stated that he has contracted with Precision Striping to have
several striping jobs done including the Shoreline Blvd. crosswalks.
STREET SIGNS
The Police Chief informed the Council that there are still some places where
street signs are either improperly placed or haven't been installed. He
will continue to inform Public Works as these areas are identified.
BLUEBIRD LANE
This was an information item that the City Manager felt the Council should be
aware of in case Holly Lovseth of 1656 Bluebird Lane comes to the Council and
asks for 'INo Parking" signs on both sides of Bluebird Lane. The City Manager
and the Police Chief concur that they can see no reason for zoning the whole
street "No Parking'l because there are no unusual topography or other factors
which would require the change in the parking zones.
109
May 25, 1982
PAYMENT OF BILLS
Polston moved and Swenson seconded a motion to approve the payment of bills
as presented on the pre-list in the amount of $119,802.18, when funds are
available. Roll call vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
The City Manager provided information on the following.
A. LETTER FROM DAVID DURENBERGER ON IRS RULING 81-58
This ruling dealt with the tax status of police and fire relief
assocations and was resolved in favor of the ~tinnesota Police and
fire relief associations.
B. LETTER FROM POLLUTION CONTROL AGENCY
Notification that Mike Reese passed his Class "D" Wastewater License.
SUBURBAN PUBLIC HEALTH NURSE SERVICE LETTER
Annual statistics for 1981 of the nursing services provided to the
residents of Mound.
Do
SYMPOSIUM ON SMALL BUSINESS
A presentation made by Dr. David L. Birch regarding the forces and
conditions that have affected the North Central States' economies in
the past decade.
E. TWIN CITIES LABOR MARKET INFORMATION FOR MAY
Fo
MAY 12, 1982 SUN NEWSPAPER EDITORIAL
An editorial by Donald M. Carlson, special assistant to the commissioner,
Dept. of Natural Resources Trails and Waterways Unit, St. Paul, explaining
their views on the Lost Lake Access.
G. MINNEHAHA CREEK WATERSHED DISTRICT AGENDA FOR MA~ 20, 1982
H. NOTICE REGARDING PROPOSED MODIFICATIONS TO HEADWATERS CONTROL STRUCTURE/
MANAGEMENT POLICY
The Board of Managers of the Minnehaha Creek Watershed District met on
May 20, 1982 and did~ not take action on the proposed changes to the
Management Policy for the Headwaters Control Structure. They desire
to conclude their information-gathering meetings with residents in
various areas of the District before taking action on the proposed changes.
WAFTA MINUTES
Minutes from the April 21st meeting of the Western Area Fire Training
Academy.
LETTER FROM AWWA
A congratulatory letter to the Mound Water Department for their out-
standing safety record for 1981 from American Water Works Association.
K. HENNEPIN COUNTY PARK RESERVE DISTRICT REDISTRICTING PLAN
By legislative directive, the structure of the Park Reserve District
Board will undergo significant changes on January 1, 1983. The size
of the Board will be reduced to seven members from the current eleven.
110
May 25, 1982
Three members will be appointed from the membership of the Minneapolis
Park Board. The remaining Commissioners will continue to be elected
from four suburban districts. Nowever, the districts will be redrawn
based on population instead of the current method which uses geography
as a basis for drawing district lines. The Plan is based on 1980
census figures and attempts to combine communities of similar interests.
Le
BACKGROUND MEMO - HOCKEY ASSOCIATION
The City Manager reported that he has been approached by the Hockey
Association about, the possibility of securing a temporary 3.2 Beer
License and a Gambling Permit for two separate fund raisers in the
Ice Arena. They wish to hold these sometime this Fall.
Councilmember Ulrick stated that the arena is under lease to two
school districts for the Summer.
The City Attorney advised that the two school districts would have
to approve the Hockey Association holding these fund raisers before
the City could act. No action was taken.
SEALED BID SALE
The City Manager reported that the City has been notified that under
the authority in Internal Revenue Code section 6331, the Surfside, Inc.,
2670 Commerce Blvd. has been seized for nonpayment of internal revenue
taxes and will be sold at public sale under sealed bid on June 10, 1982,
10:00 A.M.
CONTINENTAL TELEPHONE INFORMATION
A press release from the Minnesota Department of Public Service and
the article published in the Minneapolis Star regarding the MDPS's
recommendation to reduce Continental Telephone's rate increase almost
in half.
Also enclosed in this packet was the testimony of Derick O. Dahlen,
our rate analyst, before the Minnesota Public Utilities Commission
on May 21, 1982.
Councilmember Swenson asked that as many of the Council as possible
attend the Maple Plain Public Hearing on Monday, June 7, 1982, and
also the Mound Public Hearing on Thursday, June lO, 1982.
O. L.M.C.D.
An Agenda for the May 26th meeting.
Po
WEST SUBURBAN PROPERTIES
A progress report regarding 6639 Halstead Avenue. A jury trial date was
set for August 3, 1982, with no negotiation settled at the pre-trial
hearing. Jane Bertrand, Building Official, has discussed a condemnation
hearing with our City Attorney, Jim Larson. Mr. Larson is drafting a
resolution to be adopted by the City Council to have the buildings
removed under the provisions of the hazardous building act.
EXECUTIVE SESSION
Ulrick moved and Polston seconded a motion to go into Executive Session regarding
the Bonhoff case which is a legal matter. 9:50 P.M. The vote was unanimously
in favor. Motion carried. The Council reconvened at 10:35 P.M. in the Council
Chambers.
lll
May 25, 1982
BOHNHOFF CASE
The Council, during Executive Session, discussed with the City Attorney
possible ways to settle this case. Background. The Bohnhoffs on Island
View Drive are suing for the damage to a boathouse which they alleged was
damaged as a result of a pipe that leaked. The pipe being owned by the City.
Their original claim was for $8,615.00. Our insurance company, Aetna, refused
to participate in the matter. Now, after negotiations, the Bohnhoffs are
willing to settle for $4,000.00 of which the insurance company has agreed to
pay $2,000.00 if the City will pay $2,000.00.
The more difficult problem is the fact that the existing damaged boathouse
encroaches on a public lane by approximately 1/10th of a foot. The City
Manager is recommending that the Council vacate the easterly 1 foot of the
public lane which will get the boathouse off of public property and that
this vacation will not have an adverse affect of the public interest.
The City Attorney recommended that the Council initiate, with the Bohnhoffs,
the vacation of the easterly 1 Foot of the public lane from Island View
Drive to the Commons and assuming that after the public hearing, the 1 foot
is vacated, the Council would then agree to pay the $2,000 and the insurance
company $2,000 to resolve the disputed lawsuit.
Charon moved and Ulrick seconded the following resolution.
RESOLUTION #82-151
RESOLUTION AUTHORIZING INITIATION, WITH THE BOHNHOFFS,
FOR THE VACATION OF THE EASTERLY 1 FOOT OF THE PUBLIC
LANE FROM ISLAND VIEW DRIVE TO THE COMMONS AND ASSUMING
THAT AFTER THE PUBLIC HEARING, THE I FOOT IS VACATED,
THE COUNCIL WOULD THEN AGREE TO PAY THE $2,000 AND THE
INSURANCE COMPANY $2,000 TO RESOLVE THE DISPUTED LAWSUIT
The vote was unanimously in favor with Councilmembers Polston and Swenson
qualifying their yes votes. The only reason they voted yes was because in
1979 the Council authorized a variance and the boathouse encroachment was
overlooked at that time. Motion carried.
Polston moved and Ulrick seconded a motion to adjourn at 10;40 P.M,
The vote was unanimously in favor. Motion carried.
City~ager
C~y Clerk
BILLS ...... MAY 25, 1982
Applebaums 11.94
All Star Electric 84.43
" " " 343.28
Jan Bertrand 25.40
Badger Meter 40.41
Burlington Northern 533.33
Bowman Barnes 125.06
" " 93.03
Badger Meter 20.98
Chapin Publishing 45.03
Commissioner of Revenue 3.00
Century Camera 137.50
Coast to Coast 63.82
Continental Telephone 1,211.53
Bill Clark Standard 2,716.83
Gary Cayo 4.50
Dixco Engraving 3.25
Empire Crown Auto 29.95
John Ewald 4.00
Firemen's Conference Exp. 1,645.00
First Bank Mpls 20.00
Ganzel Signs 106.27
Gerrys Plumbing(HUD) 678.50
Henn Co. (½ R.E. tax) 32,169.64
Eugene Hickok 80.00
Hayden Murphy 211.00
Henn Co. Treas 1,950.00
Henn Co. Chf Police PTAC 60.00
Henn Co. Sheriffs Dept 5.70
Illies& Sons 195.00
Internatl Assn Fire Chiefs 60.00
Kromer Co. 45.75
Koehnens Standard 12.33
Ken & Norms Cabinets 75.00
LOGIS 1,260.92
Lehn Electric 164.50
Lutz Tree Service 565.00
Wm Mueller & Sons 1,111.70
McCombs-Knutson 9,724.00
Metro Waste Control 19,277.27
City of Minnetrista 136.00
MacQueen Equip 87.79
Minnegasco 3.00
Mound Hdwe 7.83
Mound Super Valu 65.18
MS Print, Inc. 73.05
Martins Navarre 66 30.25
Mpls Star & Trib 80.00
City of Mound 45.33
Mound Postmaster 100.00
Lorraine Manson
Modern Express
Macqueen Equip
City of Mound
NSP
Nemadji Tile
John Nafus
Navarre Hdwe
NSP
NW Bell Tele
Old Dominion Brush
Pitney Bowes Credit
Charles Pearson
Brad Roy
Reo Raj Ken nels
Sterne Electric
Sun Newspaper
Spring Park Car Wash
Ted Stallman
Thrifty Snyder Drug
Towns Edge Ford
Thurk Bros. Chev
Village Printers
Van Waters & Rogers
Unitog
Water Products
Westonka Sewer & Water
R.L. Youngdahl & Assoc
Xerox
Ziegler, Inc.
F.H. Bathke
Blackowiak & Son
State Treas
Skyview Design (HUD)
State of MN Documents
Mike Savage
Wood N Nail (HUD)
WoodChipping Refunds
The Liquor House
Griggs, Cooper
Johnson Bros. Liq.
MN Distillers
Old Peoria
Ed Phillips
TOTAL BILLS
44.00
23.50
3,OOO.OO
85.44
7,294.42
1,071.45
9O.OO
55.61
716.19
60.30
540.00
26.00
14.52
6O. O0
215.00
103.98
84.OO
109.30
12.00
93.14
1,824.65
76.oo
286.25
1,075.65
336.30
234.80
153.50
6,248.50
573.4O
573.29
13.80
56.00
15.00
2,090.00
14.75
9O.OO
4,434.00
120.00
348.24
3,509.62
4,663.49
1,132.90
1,194.59
1,495.32
119,802.18