1982-06-28RECONVENED MEETING
OF THE
CITY COUNCIL
~35
June 28, 1982
Pursuant to due call and notice thereof, the June 22, 1982, regular meeting of
the City Council that was recessed, was reconvened on June 28,]982, at 6:30 P.M.
in the Council Chambers of the City of Mound, Hennepin County, Minnesota at
5341Maywood Road in said City.
Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert
Polston and Gordon Swenson. Councilmember Ulrick arrived late. Also present
were: City Manager Jon Elam, City Attorney Jim Larson, Police Chief Bruce Wold,
City Clerk Fran Clark and the following interested citizens: Butch Essig and
his attorney Michael McNamara.
SENIOR CITIZEN HOUSING PROJECT
The City Manager explained that an opti~on agreement has been worked out between
Our Lady of the Lake Church and the City of Mound for the property by the
Church Annex which will be used for the senior citizen housing project. The
figure of $119,000 will be paid from the HUD Grants of Mound, Minnetrista,
Orono and Spring Park.
Another option agreement that is ready for Council approval is the one between
the City of Mound and the Westonka Elderly and Handicapped Housing Corporation,
a non-profit organization, that will handle the senior citizen housing develop-
ment. In this agreement the Westonka Elderly and Handicapped Housing Corporation
will pay the City $1.00 for the property.
We should know by October if HUD will fund this project.
Polston moved and Charon seconded the following resolution.
RESOLUTION #82-177
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO SIGN SIMULTANEOUSLY, THE FULLY EXECUTED OPTION
WITH OUR LADY OF THE LAKE, ON THE ANNEX PROPERTY TO
BE USED FOR THE SENIOR CITIZEN PROJECT, AND THE
OPTION TO SELL THE PROPERTY TO THE WESTONKA ELDERLY
AND HANDICAPPED HOUSING CORPORATION
The vote was unanimously in favor. Motion carried.
SURFSIDE - LIQUOR LICENSE RENEWAL
This item was continued from the June 22nd Council Meeting so the City Attorney
could do further research and give an opinion. The Counci~l;!asked the City
Attorney whether the Bankruptcy Court has the authority to direct the City to
renew the Surfside's license? The City Attorney does not think the Federal
Bankruptcy Court has the authority to direct the City to renew the Surfside
Liquor License.
Mr. Essig and his attorney, Michael McNamara were present asking that the
Council amend its Ordinance to exclude the requirement that taxes be paid
for any individual or corporation in bankruptcy under Chapter 7, 11 or 13 of
the Federal Bankruptcy Act. This was the same request that was presented
at the June 22nd Council Meeting.
136
June 28, 1982
Councilmember Ulrick arrived at 6:55 P.M.
The Council told both Mr. Essig and his attorney that they did not want
to change the Ordinance.
Mr. McNamara stated that if the Council did not renew the license, the
Surfside would seek an injunction from the Bankruptcy Court ordering the
City to renew the Liquor License.
Councilmember Swenson asked if the Surfside could give a date that the
taxes would be paid. Mr. Essig said he could not.
After considerable discussion the concensus of the Council was not to amend
the present Ordinance because it would be condoni'ng the~non~payment of taxes.
Councilmember Charon moved and Swenson seconded a motion to go into
Executive Session to discuss the Surfside. The vote was unanimously in favor.
Motion carried. Time: 7:25 P.M. Police Chief Bruce Wold attended the
Executive Session.
The Council discussed the City's position if the Surfside went to the
Bankruptcy Court to seek an injunction.
Councilmember Ulrick left the Executive Session at 7:40 P.M.
Polston moved and Charon seconded a motion to adjourn at 7:55 P.M. The
vote was unanimously in favor. Motion carried.
Cit~y~ C]~rk, Fran ~[ark-
~ity Manage~~'~