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1982-06-22 128 June 22, 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 dune 22, 1982, at 7:30 P.M. Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert Polston and Gordon Swenson. Councilmember Don Ulrick had another meeting and arrived later in the Council meeting. Also present were: City Manager Jon Elam, Assistant City Attorney Jim Larson, Police Chief Bruce Wold, Assistant City Engineer John Cameron, Sewer and Water Superintendent Greg Skinner, Acting City Clerk Marjorie Stutsman; Joel'Settles of Hennepin Soil and Water Conservation District; George Boyer of Hickok and Associates; Rod Hamblin of the Neptune Water Meter Company and the fol- lowing interested citizens: Phyllis Jessen, Chair, and Margaret Hanson and Gary Paulsen of the Wetlands Committee; Robert Hanson, John Wagman, Frank Kelley, Mr. & Mrs. Robert Dybing, Leo Bullock, Mark Richardson, Tim and Nora Harrell, Mitchell Erickson, Joel Essig and Buzz Sycks. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The minutes of the regular meeting of June 8, 1982 were presented for consideration. Swenson moved and Charon seconded a motion to approve the minutes of the June 8, 1982 meeting as presented. The vote was unanimously in favor. Motion carried. PUBLIC HEARINGS CONTINUATION OF HEARING ON PROPOSED WETLANDS ORDINANCE The City Manager explained that since the last meeting on the Wetlands Ordinance, he and John Cameron had met with Joel Settles of Hennepin Soil and Water Conserva- tion District; the outcome of that meeting was the decision to delete the numeri- cal designations for wetlands because hard]y any wetland can be entirely classified by a single designation. The changes made in the ordinance are: First - one single general designation of wetlands (Maps are the same minus the numbers) and second is the Standard Section - If you take fill out of wetlands, you could not put anything back with more pollutants or change the volume. City Manager suggested the hearing be continued so that the Wetlands Committee could review and work on the changes with Mr. Settles. The Mayor then opened the public hearing for comments on said proposed wetlands ordi- nance from persons present who wished to express their views thereon. The following persons offered comments or questions: Gary Paulsen thinks we should post whole gamut of definitions of what wetlands are; no place are wetlands defined; and questioned what is advantage to delaying the numbers? Joel Settles responded that by not numbering, we are treating all wetlands appli- cations the same - all grade into each other. Doesn't hurt the ordinance by taking out the numbers. Descriptions are still on file in City Office. Phyllis dessen wants material to be kept on hand for reference showing the classi- fication of wetlands; like us to have resources of our own. Questioned if they were to take Ordinance to Planning Commission and then to the Council? 129 June 22, 1982 Frank Kelley, Attorney for Ms. Anderson, asked that he be given opportunity to participate in the discussions of the Committee. Margaret Hanson suggested that Committee's review of the Wetlands Ordinance not be put off. The Mayor then closed the hearing. Polston moved and Swenson seconded a motion to continue the hearing on the Wetlands Ordinance to August 3, 1982 at 7:30 P.M. The vote on the motion was unanimously in favor. DELINQUENT 'UTILITY BILLS Mayor Lindlan opened the public hearing for input on said delinquent utility bills from persons present. Hearing no objections or comments, he closed the public hearing. Charon moved and Polston seconded the following resolution. RESOLUTION 82-164 RESOLUTION APPROVING THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $1,556.91 AND AUTHORIZING DISCONNECTING SERVICES FOR ACCOUNTS IN ARREARS. The vote was unanimously in favor. PROPOSED ORDINANCES The City Manager explained that the Police Chief and Prosecuting Attorney went over our ordinances and points that they feel needed ordinances and this proposed ordi- nance is the result. Swenson moved and Charon seconded a motion to adopt the following ordinance herein quoted by title: ORDINANCE 435 AN ORDINANCE ADDING SECTIONS 46.13, 51.40, 51.45, 51.50, 55.07, 55.08, 52.135 AND AMENDING SECTION 52.14 RELATING TO UNNECESSARY ACCELERATION OF MOTOR VEHICLES, PUBLIC NUISANCES NOISES, PARTICIPATION IN NOISY PARTIES, DIS- TURBANCE OF THE PEACE, ENTERING UPON LAND, WINDOW PEEPING AND GIVING FALSE INFORMATION TO POLICE The vote was unanimously in favor. SENIOR CITIZEN HOUSING PROJECT The City Manager explained that this is a general resolution supporting the senior citizens housing; Larry Blackstad of Hennepin County has asked the area Councils to consider passing to demonstrate local support. Polston moved and Swenson seconded the following resolution. RESOLUTION 82-165 RESOLUTION SUPPORTING THE SENIOR CITIZEN HOUSING PROJECT The vote was 3 in favor, with Lindlan voting nay. Lindlan thought item had been wrongly presented to the Council. CONSIDERATION OF SOLUTION TO WATER METER PROBLEM The City Manager explained that the Water Superintendent Greg Skinner and he had looked at the alternatives that could help solve the water meter problem; 20% ~Neptune) 130 June 22, 1982 have misfunctioned; doesn't know if replacing with Badger system is the answer. Polston stated that the national average failure for this type is 15 to 20%. The Mayor opened the discussion. The following persons had comments: Rod Hamblin, local respresentative for Neptune, stated failure is a universal problem and offered an alternative type--the ARB System--more of an electronic device which has a failure rate of approximately 1% and has more options; does require running a third wire. DesMoines has over 65,000 accounts which have the ARB System with a 1% failure rate. System has been in over 10 years. Minne- sota towns with the system include Fairmont (10 years) and Winona (1½ years). Bruce Gliem of Canary Lane stated recently he received a $480 water bill arrearage; in checking, found that the reader had been broken for 2½ years and never been fixed; very disappointed with the billing department in not getting the reader fixed and thinks City should make amends. City Manager stated that this was classic example of problems we have had. Mayor asked the City Manager to take a look at billings, go back and check what records were and try to rectify bill. Water Superintendent commented that the 2 or 3 man department can't keep up with the failures. If the City went to the ARB System, providing manpower to put in the 3 wires would be a factor; questioned how to get third wire through in finished basements. Discussed pros and cons of types. Would ARB System be adaptable to the Badger meters already installed? Providing manpower for work involved and being able to get work done in a reasonable time is part of report needed. The Council asked that City Manager get background and figures and report back as soon as possible. COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT No comments or suggestions were offered at this time. Councilman Ulrick arrived back at meeting at 9:20 P.M. MAINTENANCE PERMIT FOR STEPS TO COMMONS FROM CANARY LANE The Mayor moved this item ahead bn the agenda because there were some interested citizens present on this item. The City Manager explained that the Park Commission had recommended the City construct a new stairway and residents have agreed to re- move the old stairway. Leo Bullock and Mark Richardson commented on the hazardous condition of present stairway located in front of Dybing's residence and the need for safe access down the 30 foot drop from Canary Lane. Charon moved and Swenson seconded the following resolution. RESOLUTION 82-166 RESOLUTION TO CONCUR WITH THE PARK COMMISSION'S RECOM- MENDATION AND AUTHORIZE THE CITY TO CONSTRUCT A NEW STAIRWAY FROM SOUTH CANARY LANE TO WIOTA COMMONS The vote was unanimously in favor. 1131 June 22, 1982 LIQUOR LICENSES Swenson moved and Polston seconded the following resolution. RESOLUTION 82-167 RESOLUTION APPROVING THE ISSUANCE OF THE RENEWAL CLUB LICENSE TO THE AMERICAN LEGION MINNETONKA POST 398 FOR THE YEAR JULY 1, 1982 THROUGH JUNE 30, 1983 The vote was unanimously in favor. Swenson moved and Polston seconded the following resolution. RESOLUTION 82-168 RESOLUTION APPROVING THE ISSUANCE OF THE RENEWAL CLUB LICENSE TO THE CHAMBERLAIN GOUDY VFW POST 5113 FOR THE YEAR JULY 1, 1982 THROUGH JUNE 30, 1983 The vote was unanimously in favor. Swenson moved and Polston seconded the following resolution. RESOLUTION 82-169 RESOLUTION APPROVING THE ISSUANCE OF RENEWAL OF CLASS A AND CLASS B LIQUOR LICENSES FOR DONNIE'S ON THE LAKE JULY l, 1982 THROUGH JUNE 30, 1983 The vote was unanimously in favor. STORM SEWER PETITION FROM RESIDENTS ADJACENT TO PEABODY AVENUE City Manager explained the problem of the water from Sherwood and County Road IlO washing into catch basin where Peabody Avenue is platted, then rushes across land causing erosion into channel that has been dug in the vacated street causing channel to silt in. The residents are tired of having to pay for having channel dredged because of City/County drainage. Swenson moved and Charon seconded the following resolution. RESOLUTION 82-170 RESOLUTION AUTHORIZING THE CITY ENGINEER TO PREPARE A PRELIMINARY ENGINEERING REPORT FOR STORM SEWER The vote was unanimously in favor. REVIEW AND APPROVAL OF BIDS FOR 1982 STREET OVERLAY PROGRAM The City Engineer presented a tabulation and recommendation on the bids for the 1982 Street Overlay Project - Priest Lane, Rusticwood Road, Gumwood Road and Langdon Lane Charon moved and Polston seconded the following resolution. RESOLUTION 82-171 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO ENTER INTO A CONTRACT FOR THE 1982 STREET OVERLAY PROJECT AND ACCEPT THE LOW BID OF AERO ASPHALT, INC. IN THE AMOUNT OF $25,885.50. Ulrick moved and Polston seconded a motion to amend the resolution to include: CITY COUNCIL AUTHORIZES THE CITY MANAGER TO PROVIDE ADEQUATE LEVEL OF INSPECTION AT HIS DISCRETION TO INSURE THAT THE JOB IS DONE WELL The vote on the amendment was unanimously in favor. The vote on the resolution as amended was unanimously in favor. Motion as amended carried. June 22, 1982 COMPLETION OF WATERBURY ROAD The City Engineer presented bids for the completion of Waterbury Road that had not been completed previously because of condemnation proceedings to acquire the ease- ment. Polston moved and Ulrick seconded the following resolution, RESOLUTION 82-172 RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND MANAGER TO ENTER INTO A CONTRACT TO COMPLETE WATERBURY ROAD ACCEPTING THE LOT BID FROM VALLEY PAVING IN THE AMOUNT OF $5,067.00. The vote was unanimously in favor. DROPPING UNIT CHARGES FOR COMBINATION OF PARCELS The City Manager asked for edification and clarification on whether unit charges should be dropped for combination of land. The Council acknowledged that prior to the assessment hearing, they did recognize the combinations; but the policy is not to do so after properties are assessed, especially for two buildable sites, as City would have to pick up shortfall or have another hearing. CONTRACT AMENDMENT - SCHOOL DROPOFF ON COMMERCE BOULEVARD The City Manager briefly explained that a change order is needed in the amount of $900 to cover cost of wood chips, mat and plastic edging for the turn around near the ice arena and this cost will be assessed back against the School District. Polston moved and Swenson seconded the following resolution. RESOLUTION 82-173 RESOLUTION APPROVING A CHANGE ORDER IN THE AMOUNT OF $900 TO COVER COST OF WOOD CHIPS, MAT AND PLASTIC EDGING (ITEM 4 OF DROP-OFF PROJECT NEAR THE ICE ARENA). The vote was unanimously in favor. SPECIFICATIONS FOR WELL NO. 8 George Boyer of Hickok and Associates briefly explained the 2 part specifications for the proposed well. Polston moved and Swenson seconded the following resolution. RESOLUTION 82-174 RESOLUTION APPROVING THE SPECIFICATIONS AND ORDERING THE ADVERTISING FOR BIDS FOR WELL NO. 8 - BID OPENING TO BE JULY 27TH AT 10 A.M. The vote was unanimously in favor. EXTENSION OF TIME LIMIT FOR FILING PLAT FOR PELICAN POINT The City Manager explained that this request has been made for a year's extension because the economic climate has made it impossible to proceed with development of the plat at this time. Swenson moved and Ulrick seconded the following resolution. June 22, 1982 RESOLUTION 82-175 RESOLUTION AUTHORIZING EXTENSION OF THE TIME LIMIT OF RESOLUTION 80-238 TO JUNE 9, 1983. The vote was unanimously in favor. PAYMENT OF BILLS Swenson moved and Ulrick seconded a motion to approve the payment of bills as pre- sented on the prelist in the amount of $91,011.89 when funds are available. Roll call vote was 4 in favor with Polston abstaining. MISCELLANEOUS ITEMS The City Manager briefly provided information on the following items: 1. Letter from Suburban Public Health Nursing Service 2. Letter from McCombs-Knutson Associates regarding 1981 Street Project 3. Letter from Minnehaha Creek Watershed District 4. Letter from Mound State Bank regarding Downtown Loan Program 5. Notice from Post Office regarding new location solicitation 6. Letter from Burlington Northern 7. Letter from L.M.C.D. 8. Letter from Hennepin County Park Reserve District 9. Anti-Trust letter from Curt Pearson 10. Proposed policies and procedures for administration of Downtown Loan Program QUOTES FOR PAINTING ISLAND PARK HALL The City Manager asked the Council for suggestions on how to approach the problem of painting the Island Park Hall as the quotes varied so much in $ amount and methods of how to prepare the surface for painting. Polston moved and Ulrick seconded the following resolution. RESOLUTION 82-176 RESOLUTION AUTHORIZING CITY MANAGER TO SPEND UP TO $2,300.00 TO PAINT ISLAND PARK HALL. The vote was unanimously in favor. SURFSIDE LIQUOR LICENSE The City Manager explained that the last item on agenda at the request of the applicant is consideration of the liquor license for Surfside. Joel Essig filed bankruptcy under "Chapter ll" on June 9th; there are delinquent taxes on Surfside. City Ordinance requires that there shall not be delinquent taxes or other financial claims for renewal of liquor license; also State Statutes provides that licensee pay when due all taxes, license fees, etc. to the municipality as provided by law. Mr. Essig is asking the City Council to amend the ordinance; also stated that it is his understanding that under Chapter ll, the Federal Law supercedes State or Local laws. City Attorney Jim Larson advised that he is not in position to give' an opinion as he has been unable to contact the referee at the Bankruptcy Court or the Attorney General. Suggested solution would be to amend ordinance or Mr. Essig could go to Court asking that the City be directed to issue the license. Discussed the matter at great length. There is insufficient information and also a question of status of insurance coverage renewal and bond. Council members were polled---they are against changing the ordinance based on the evidence on hand. The Council agreed to meet next week after getting more information and opinions on 13~ June 22, 1982 the law. Not in favor of putting anyone out of buSiness; but changing ordinance unfair to other citizens; have responsibility to taxpayers. Swenson moved and Polston seconded a motion to recess this meeting until 6:30 P.M. on June 28, 1982. The vote was unanimously in favor. Elam, City Manager Marjorie Stutsman, Acting City Clerk BILLS ..... JUNE 22, 1982 Arcon Construction 592.40 Applebaums 32.69 Assn of Metrop Munic 1,383.00 Acro Minnesota 69.13 Badger Meter 176.17 Ben Frankl in 9.14 Blackowiak & Son 24.00 F.H. Bathke 13.80 Janet Bert rand 58.50 Holly Bostrom 153.00 Robert Cheney 334.00 Bill Clark Standard 3,265.07 Coast to Coast 100.04 Continental Tele 1,110.99 Fran Clark 39.85 Carver County News 7.00 Chapin Publishing 25.08 Cy's Mens Wear 309.91 Donnies on the Lake 135.00 Davies Water Equip 3,074.55 Dictaphone 55.99 Ecklund Refrigeration 222.45 Educational Aids 119.98 Jon Elam 12.64 Nick Gronberg 310.00 Gopher Sign Co. 58.08 Henn Co. Dir Prop Tax 1,745.58 Henn Co. Finance 20.00 Henn Co. Treas. 1,545.00 Eugene Hickok & Assoc 858.00 Henn Co. Sheriffs Dept 393.75 Robert E. Johnson 41.36 Internal Revenue 54.00 Internatl Inst. Munic Clerks 45.00 Richard W. Johnson 3.00 Kromer Co. 8.40 Kelley & Kelley, Inc. 200.00 League of MN Cities 58.50 J.H. Larson Electric 525.00 The Laker 183.90 Doris Lepsch 45.00 Lutz Tree Service 3,535.00 Lake Mtka Conserv Distr. 1,998.50 City of Mound 22.30 MN Park Superv. Assn 15.00 Metro Waste Control 1,262.25 City of Minnetrista 396.00 MS Print 224.49 McCombs-Knutson 6,390.00 Metro Waste Control 19,277.27 Minnegasco 115.92 Mound Fire Dept 6,182.55 Mound Medical Clinic 18.75 Wm Mueller & Sons 5,437.73 Jackie Meyer 25.33 City of Mound 97.33 Metro Fone 225.00 Mid Central Fire 104.40 Minn Comm 28.50 Mound Explorers 27.00 Martins Navarre 66 54.00 N.W. Bell 60.30 Navarre Hdwe 216.26 N.S.P. 7,584.92 Planning & Develop. Serv 1,225.00 Precision Striping 414.00 Recreonics Corp 188.75 Reo Raj Kennels 291.00 Don Rother 42.46 Nels Schernau 9.24 Spring Park Car Wash 77.50 State of MN Documents 2.10 Sno Pros 105.00 Thurk Bros. Chev 213.77 Unitog 264.80 Veterinary Diagn Lab 15.00 Westonka Sanitation 5,452.50 Westonka Chamber Commerc 20.00 Waconia Emerg. Physn 28.50 Xerox, Inc 82.72 Xerox, Inc. 1,546.39 Ziegler, Inc. 87.74 Griggs, Cooper 2,136.13 Johnson Bros. Liq 4,374.89 MN Distillers 1,132.90 Old Peoria 1,318.84 Ed Phillips 1,264.91 TOTAL BILLS 91,011.89