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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. 148 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. 149 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. 150 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. 151 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. 152 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