1982-07-20 147
July 20, 1982
SPECIAL HEETING
OF THE
CITY COUNCIL
Pursuant to due call and notice thereof, a special meeting of the City Council of
the City of Mound, Hennepin County, Minnesota, was held at 5341Maywood Road in
said City on July 20, 1982, at 7:00 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, Finance Director
Sharon Legg and City Clerk Fran Clark and the following interested persons:
Bill Husbands, Jim Stark, Butch Essig, Jim Dickinson, Ned Podany, Stan Drahos
and a number of other interested citizens.
The Mayor opened the meeting and welcomed the people in attendance.
M I NUTES
The minutes of the Special Meeting of June 28, 1982, were presented for
consideration. Charon moved and Polston seconded a motion to approve the minutes
of the June 28, 1982, Special Meeting as presented. The vote was unanimously
in favor. Motion carried.
The minutes of the July 13, 1982, Regular Meeting were presented for consideration.
Swenson moved and Polston seconded a motion to approve the minutes of the
july 13, 1982, Regular Meeting as presented. The vote was unanimously in favor.
Motion carried.
CHARITABLE ORGANIZATION 3.2 BEER PERMIT - OUR LADY OF THE LAKE
Swenson moved and Polston seconded the following resolution.
RESOLUTION #82- 196 RESOLUTION TO APPROVE THE CHARITABLE ORGANIZATION
3.2 BEER PERMIT FOR OUR LADY OF THE LAKE CHURCH -
INCREDIBLE FESTIVAL - FOR JULY 31, 1982 AND AUGUST 1, 1982
The vote was unanimously in favor. Motion carried.
STATE BABE RUTH BASEBALL TOURNAMENT
Jim Stark, organizer for this event, was present and explained to the Council
that Mound is the host this year for the State Babe Ruth Baseball Tournament
July 3Oth thru August 7th, 1982. He is contacting all the necessary support
units and the City is one. He may be calling on certain departments of the
City to ask for something and just wanted the City Council to know this,
Ulrick moved and Swenson seconded the following resolution,
RESOLUTION #82-197
RESOLUTION ENDORSING THE 1982 STATE BABE RUTB
BASEBALL TOURNAMENT IN MOUND AND OFFERING THE
SUPPORT OF THE CITY AND ITS'STAFF
The vote was unanimously in favor. Motion carried.
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July 20, 1982
PROVIDING SERVICES TO SHOREWOOD
The City Manager explained that Shorewood has asked about the possibility
of it contracting with the City of Mound for needed services on Enchanted
and Shady Islands. They have asked for an estimated price to provide
the following:
1. Police Service
2. Lift Station Checks
3. Yearly Snow Removal
The City Manager has checked with our Police Dept., Street Dept. and
Sewer and Water Dept. and they have submitted written reports and cost
estimates which the Council has.
There was discussion by the Council on the following: 1. If providing this service would be a cost to the taxpayers of Mound.
2. If Mound residents would receive a reduction in services because of
a Shorewood contract.
3. If the quality of services would be reduced to Mound residents
because of a contract with Shorewood.
4. If a contract such as this would provide enough money to justify
the manpower.
The City Manager recommended only considering a Police contract because the
other departments are severely understaffed and he felt Mound residents would
suffer in those areas. Police Chief Wold did not recommend we provide police
service to Shorewood bOt felt that Mound is answering most of their calls
under the Mutual Aid Agreement and at least by charging something Mound
could cover some of the costs.
Ulrick moved and Charon seconded a motion directing the City Manager to
prepare an outline proposal to cover Police protection only to Shorewood
and report back to the Council before agreeing to anything. The vote was
unanimously in favor. Motion carried.
C.S.A.H. 125 - STATUS REPORT
The City Manager reported that the latest from Spring Park on CSAH 125 is
that they will agree to accepting CSAH 125 from the County if Mound will
perform all maintenance, including but not limited to, sanding, snow plowing,
sweeping, etc., at no cost to the City of Spring Park.
The Mayor reported that he has attended the Spring Park Council Meeting
last night and told them that Mound would not even consider their proposal.
He stated that Spring Park will reconsider their proposal at their next
meeting. The Council decided to wait and see what Spring Park comes up
with at the next meeting. No action taken.
SURFSIDE LIQUOR LICENSE
The Mayor asked, with the Council's permission, to depart from the Agenda
and bring up the Surfside Liquor License since Mr. Essig and his attorney
Jim Dickinson were present and have presented a Stipulation and Agreement
for a 1 time, 1 year renewal of the license.
There was discussion between the Council and the City Attorney. Each
Councilmember gave their position on the Surfside Liquor License.
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July 20, ]982
Hr. Dickinson and Hr. Essig gave their ideas on the new proposal.
Swenson moved the following resolution.
RESOLUTION #82-198 RESOLUTION TO ISSUE A ONE TIME, ONE YEAR RENEWAL
OF THE SURFSIDE LIQUOR LICENSE
The motion died for lack of a second.
Mr. Essig then asked if he could apply for a Beer, Wine and Set-Up License.
The City Attorney said no for the Beer and Wine License because the same
Statute and Ordinance applied as did for the Liquor License. He stated
that he wasn't sure about the Set-Up License but thought that the part
of the Ordinance that applied to set-ups also had the same conditions
as the Liquor License.
ADDITIONAL DEPOSITORY
The City Manager explained that the Mound State Bank does not give the City
credit for checks deposited for 2 days and this causes the City to have
negative balances during the month. They then charge the City a service
charge for the negative balance. These service charges for June exceed
$800.00 and the City cannot afford this expense. The Finance Director
has checked with other banks in the area and First National of Navarre
will give us credit for any checks drawn on major Mpls. banks the same
day thus eliminating an expensive service charge. .ye would still us the
State Bank of Mound and would just add Navarre as an additional depository.
The City will also investigate the use of Minnesota Federal Savings &
Loan for checking purposes.
Ulrick moved and Charon seconded the following resolution.
RESOLUTION #82-198 RESOLUTION DESIGNATING ADDITIONAL OFFICIAL
DEPOSITORY FOR THE YEAR 1982
Roll call vote was 4 in favor with Councilmember Polston voting nay. Motion
carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked for any comments or suggestions from the citizens present.
Stan Drahos voiced his approval of the City Council decisions and stated
more citizens should support the Council.
FINANCIAL STATEMENT - 1981
The City Manager summarized the 1981 Financial Statement for the Council.
Charon moved and Ulrick seconded the following resolution.
RESOLUTION #82-199 RESOLUTION ACCEPTING AND APPROVING THE 1981 FINANCIAL
STATEMENT AS SUBMITTED
The vote was unanimously in favor. Motion carried.
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July 20, 1982
WORKERS COMPENSATION ANALYSIS - BILL HUSBANDS
Bill Husbands was present and went over his Workers Compensation Anaylsis
with the Council. He specifically covered the experience modifier and
the Executive Summary which had 13 recommendations. He suggested that
the City could save around $19,500 throught working on correcting all
situations related to the experience modifier. In order to save costs in
the future and recover costs from the past, he is proposing a yearly
contract, with the City paying $4800.00 per year for his services. The
City Manager recommended approval of this contract stating that Mr. Husbands
will also be a valuable resource on future bidding of insurance coverage,
getting our base rate down and insituting policies to keep the base rate down.
Polston moved and Ulrick seconded the following resolution.
RESOLUTION 82-200
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH BILL HUSBANDS AS RISK
MANAGEMENT CONSULTANT FOR 1 YEAR AT $4800 PER YEAR
($400.00 PER MONTH)
The vote was unanimously in favor. Motion carried.
DOWNTOWN DEVELOPMENT AGREEMENT - DAVID HOZZA
Some time ago the Council authorized the City Manager to look into getting
help in gaining a handle on the City's role in the Downtown Redevelopment
Program. The City Manager has contacted Mr. David Hozza, who has submitted
a letter outlining the services he would provide. They would include
getting the appropriate legal, financial and governmental mechanisms in place,
organizing the business community to be able to participate as partners in
the process, and providing the appropriate structure, mechanisms and safe-
guards for all parties concerned. The City Manager explained that Mr. Hozza
charges an hourly rate plus expenses and he would recommend using Mr. Hozza
as the City's consultant.
Polston moved and Swenson seconded the following resolution.
RESOLUTION 82-201
RESOLUTION APPROVING THE HIRING OF DAVID HOZZA
AS A CONSULTANT FOR DOWNTOWN REDEVELOPMENT PAYING
AN AMOUNT NOT TO EXCEED $2,000. BEFORE THE END OF
1982
The vote was unanimously in favor. Motion carried.
LAGOON PARK LAND TRANSFER
The City Manager explained that Ned Podany the property owner abutting
Lagoon Park wants some of the park land to build another garage on and
the City would like some of Mr. Podany's land as an access to Lagoon Park
which at this point is land and water locked. In the City Attorney's
opinion, the City has nothing to trade because lands which are held or used
for park purposes are subject to a public trust which could only be terminated
by court action. Lagoon Park was dedicated to a specific use and the question
is, does the City have standing to convey title to a portion of this land.
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July 20, 1982
The City Attorney feels it cannot make a conveyance of this property
because it was dedicated for park use and if the City tried to convey
this would result in Podany's inability to sell or transfer that land
when he sold his house. He reminded the Council that the Courts are
very protective of public parks. His recommendation would be for the
Staff to study the Lagoon Park site and come with ways to expand the Park
and make it usuable. No action was taken.
LOT 4 & PART OF LOT 5, BLOCK 36, WYCHWOOD - JAMES H. PETERSON
The City Manager reported~ that after the Council denied a lot area variance
to Mr. Peterson last week, he reeived a letter from Mr. Peterson offering
the parcel to the City for a purchase price of $5,000. Since the neighbors
have expressed a desire to purchase this property to add to their lots,
the City Manager is recommending that the City work as a agent for that
purpose. He stated he will contact the abutting property owners about
the purchase. No action was taken.
LOT 32, BLOCK 1, ARDEN - BRUCE HEUSZEL
The City Manager explained that these are the people who own Lots 1 and 2,
Block 1, Arden, and had come before the Council for a lot area variance
of 2,000 square feet. The City in trying to help these people conform
offered to sell them ½ of Lot 32, Block 1, Arden. They have paid for the
lot and the City gave them a Quit Claim Deed to record. They took it to
the County and the County will not record because it says the City had no
authority to sell the lot because somehow last Fall the lot was reconveyed
back to the State. The other half of the lot has also been sold to someone
else so it appears we will have the same problem there. The City Attorney
advised that in order to get the State to Deed the property back to the
City a Preceeding Subsequent will have to be undertaken. The City Manager
recommended that the City pay for the legal costs involved in the
Preceeding Subsequent since it was responsible for conveying the property
back to the State.
Polston moved and Ulrick seconded a motion to direct the City Staff to
reacquire Lot 32, Block l, Arden and authorize the Staff to commence the
legal proceedings to clear up the title so the Deeds, which the City would
give, can be recorded. The vote was unanimously in favor. Motion carried.
The City Attorney advised that a variance would have to be given to the
Heuszels so they can close on their house at the end of July. ,
Polston moved and Ulrick seconded the following resolution.
RESOLUTION #82-202
RESOLUTION GRANTING A VARIANCE IN LOT AREA ON
LOTS 1 & 2, BLOCK l, ARDEN BECAUSE THE OWNERS
HAVE ACQUIRED THE ADDITIONAL LAND AND THE CITY,
WHICH IS THE CONVEYOR OF THAT LAND, HAS TO CLEAR
IT UP BEFORE IT CAN BE RECORDED
The vote was unanimously in favor. Motion carried.
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July 20, t982
PRISCILLA ANDERSON SPECIAL ASSESSMENT SUIT
The City Attorney presented a resolution for the Council to act on that
would settle the special assessment appeal of Priscilla Anderson.
Swenson moved and Ulrick seconded the following resolution.
RESOLUTION #82-203
RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
SETTLE A SPECIAL ASSESSMENT APPEAL ON LOTS 17
THROUGH 2], BLOCK 1, HIGHLANDS, AND PART OF
LOT 59, AUDITOR'S SUBDIVISION NO. 168
The vote was 4 in favor with Mayor Lind]an voting nay. Motion carried.
DESIGN GUIDE FOR DOWNTOWN MOUND
The City Manager went over the Design Guide for Downtown Mound with the
Council. He then gave a number of ways for the City to help the
downtown businessmen finance some of these ideas.
BURLINGTON NORTHERN RAILROAD
The Mayor gave a brief report on the meeting he attended in Hutchinson
regarding the possible abandonment of the railroad line to Mound and
beyond Mound.
Ulrick moved and Polston seconded a motion to adjourn. The vote was
unanimously in favor. Motion carried. Time - 11:15 P.M.
Fra~ ~lark, C~-ty-i;lerk