1982-10-12210
October 12, 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 5341 Maywood
Road in said City on October 5, 1982, at 7:30 P.M.
Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert
Polston, Gordon Swenson. Councilmember Ulrick was late and arrived at 7:40 P.M.
Also present were: City Manager Jon Elam, City Attorney Jim Larson, City Clerk
Fran Clark; and the following interested citizens: Mr. & Mrs. John Wagman,
Steve Smith, Ron Gehring, Margaret Hanson, Tom Watson, Russ Peterson.
The Mayor opened the meeting and welcomed the people attending. He introduced
Steve Smith as a candidate for the City Council.
MINUTES
The Minutes of the October 5, 1982, Regular Meeting were presented for
consideration. Swenson moved and Charon seconded a motion to approve the
Minutes of the October 5, 1982, Regular Meeting as submitted. The vote was
unanimously in favor. Motion carried.
PUBLIC HEARING
A. SPECIAL ASSESSMENT OF UNPAID TREE REMOVAL CHARGES
The City Manager explained that a tree fell from private property across
the Lost Lake Channel blocking the channel. The City asked the owner
to remove the tree in two separate letters dated September 7 and September
13, 1982. The tree was not removed and under pressure from citizens
who use the Channel as access to Lost Lake, the City was forced to
remove the tree. The City Attorney advised the Staff to treat this
fallen tree the same as a tree falling across a public street or onto
public property from private property. The cost of removing this tree
was. unusually high because it was lying across the channel; the owner
of the property where the tree felt from would not allow the City on
his property to remove the tree and therefore the City had to hire a
barge company to remove the tree from the lake.
The Mayor opened the public hearing and asked if the owner of the
property would like to be heard.
Mr. John Wagman, 5468 Bartlett Blvd. read the following statement that
was prepared by his attorney:
"We, the owners of Lot 16, the Bartlett Place, Upper Lake Minnetonka,
according to the plat thereof, hereby object, to the assessment of
property by the City of Mound, pursuant to subdivision 1, Minnesota
Statute 429.061 on the grounds that the City of Mound and the County
of Hennepin have a duty to maintain the channel which crosses over our
property, which includes .tree removal if a tree should obstruct that
channel, at public expense." Signed, John Wagman and Ellen IJagman.
21 1
October 12, 1982
Margaret Hanson stated that she felt the City should at least pay for
part of the removal of the tree because the channel is used by Mound.
residents. She further stated that the Wagman do not use the channel
and therefore she felt derived no benefit from the tree being removed.
The Mayor closed the public hearing.
Charon moved ~hd Swenson: seconded_the,following resolution.
RESOLUTION #82-273 RESOLUTION ADOPTING UNPAID TREE REMOVAL CHARGES
SPECIAL ASSESSMENT IN THE AMOUNT OF $1,500.00
(PID #24-117-24 23 0019) TO BE CERTIFIED TO THE
COUNTY AND SPREAD OVER 8 YEARS AT 8% INTEREST
A roll call vote was unanimously in favor. Motion carried.
L.M.C.D. EXPIRATION OF TERMS OF BOARD MEMBERS
The City Manager presented the Council with a letter and attendance record
summary from the L.M.C.D. The letter is notifying the City that Orval
Fenstad's term on the Board expired in September, 1982. The attendance
records were from October 1.979 to September 1982. During that period
several persons were appointed as our representative to the L.M.C.D. The
attendance records show that our representatives have not attended even
half of the meetings. The City Manager stated that he is willing to
volunteer to represent the City at the L.M,C.D. Meetings because he will
be able to gain more information about the Lake Minnetonka area and bring
it directly back to the Council.
Swenson moved and Charon. seconded the following resolution.
RESOLUTION #82-274. RESOLUTION APPOINTING JON ELAM AS MOUNDS REPRE-
SENTATIVE TO THE L.M.C.D. FOR THE 3 YEAR TERM
ENDING SEPTEMBER, 1985.
The vote was-unanimously in favor, Motion carried.
MC NAUGHTON PROPERTY - LOTS 4,5, & 6, BLOCK 5, SETON
The City Manager presented a letter from John R, McNaughton offering to
donate .Lots 4,5, and 6, Block 5, Seton, to the City, via a quit claim
deed, with the covenant that the property be used only as a wildlife
refuge. This property connects with City owned property but is under
water. It is also tax delinquent and if nothing is done before November 1,
1982, the property will go tax forfeiture and the City could acquire it
then with no strings attached.
Ulrick moved and Polston seconded a motion directing the City Manager
to negotiate with the owner of the property to obtain it with no covenants
or strings attached. The vote was unanimously in favor. Motion carried.
PARKING ON LYNWOOD BLVD.
The City Manager explained that the Police Chief is recommending that the
Council amend. the parking ordinance to allow a two hour parking zone from
90 feet west of Commerce Blvd. to 350 feet west of Commerce Blvd. on the
North side of Lynwood Blvd. This will allow adequate parking within a short
212
October~l2, 1982
distance of the new Westonka Senior Center and will probably not create
a problem.
Polston moved and Swenson seconded the following:
ORDINANCE #442 AMENDING CHAPTER 46, SECTION 46.29, SUB. (c),
SUBSECTION 2 OF THE CITY CODE TO READ - TWO HOUR
PARKING ZONE FROM 90 FEET WEST OF COMMERCE BLVD.
To 35o FEET 41EST OF COMMERCE BLVD. ON THE NORTH
SIDE OF LYNWOOD BLVD.
The vote was unanimously in favor. Motion carried.
GAME OF SKILL LICENSE
Charon moved and Ulrick seconded the following resolution.
RESOLUTION #82-275 RESOLUTION APPROVING A GAME OF SKILL LICENSE
FOR THE VFW POST #5113 - VALID UNTIL APRIL 30, 1983
The vote was unanimously in favor. Motion carried.
PUBLIC WORKS BUILDING DISCUSSION
The City Manager explained that Mike Smith of Smith Heating and Air Condi-
tioning has inquired about either buying or renting the Anderson Building.
This poses that problem of what to do with .the equipment we store in that
building if it were leased or sold. We have some new equipment now that
will not fit in the Anderson Building and Tonka Corporation has agreed to
let us store that equipment in one of their buildings in Spring Park but
we still have to problem of-the rest of the equipment stored there. He
has talked with the Public Works people, the Police Dept. and Mike Smith
and Smith would be agreeable to renting about 1000 square feet of the
Anderson Building for cold storage for $1.00 per square foot. We could
work this out on a month to month basis.
The City Manager recommended to the Council that they appoint a 3 person
committee (citizens from the community) to work with Public Works and put
together some of the choices or alternatives, sites,. projected costs, etc.
for either a new Public Works Building or an addition to the present Island
Park site or any other options that are open. The Council agreed that
this was a good idea and will help get names of qualified persons to serve
on this Committee. The Council also agreed to renting the 1000 square feet
of the Anderson Building to Mike Smith.
COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if any of the citizens. present wished to voice comments
or suggestions. There were none.. The Mayor then introduced Russ Peterson
as another candidate running for the City Council.
PAYMENT OF BILLS
Swenson moved and Charon seconded a motion to approve the payment of bills
as presented on the.. pre-list, in the amount of $194,726.67, when funds are
available. A roll call vote was unanimously in favor. Motion carried.
213
October 12, 1882
AWARD OF BID FOR POLICE SQUAD CAR
The City Manager explained that 8 bids were received for the purchase of
1 new 1983 squad car. The low bid was Superior Ford fora 1983 Crown Victoria
S in the amount of $8,631.00. He further explained that the City can
probably sell the old squad car for from $2,500 to $3,000 so the net cost
will be less.
Polston moved and Swenson seconded the following resolution.
RESOLUTION #82-276 RESOLUTION AWARDING THE BID FOR THE 1883 POLICE
SQUAD CAR TO THE LOW BIDDER SUPERIOR FORD IN THE
AMOUNT OF $8,631.00
The vote was unanimously in favor. Motion carried.
ARCADE HOURS - TOM WATSON
The City Manager explained that Mr. Watson has requested that the hours
that the Arcade is open be extended. A.t present, i'n Resoluti;on $2-$ 5,
the hours are:
2:30 P.M. to 8:00 P.M. - Sunday thru Friday
2:30 P.M, to 10:00 P.M. - Saturday
He would like them extended as follows.:
2:30 P,M, to 11:00 P.M. - Sunday thru Friday
11:00 A.M, to 12:00 Midnight - Saturday
He feels this would reduce the problem of all the kids leaving at one time
in large groups .and ending up at either th:e S.A~ Stati:on or th_e Tom Thumb
due to the early closing instead of going directly home, Mr, Watson
assured the Council that he will observe the curfew hours .for k.i;ds under..
the age of 16 and not allow them in his establishment after the curfew hpur,
Swenson moved and Polston seconded the following resolution.
RESOLU710N #82-277 RESOLUTION TO AMEND THE CQNDITIQNAL USE PERMIT
GRANTED IN RESOLUTION #82-85 EXTENDING THE HOURS
AS REQUESTED
The vote was unanimously in favor. Motion carried.
VACATION OF SULGROVE ROAD - SET DATE FOR PUBLIC HEARING.
The City Manager explained that the Bialon's who. had previously requested
the vacation of Sulgrove Road in order to get their home off of public
property have worked with the City Attorney and the City Engineer on a
viable solution and are now requesting that vacation.
Charon moved and Ulrick seco-nded the following resolution.
RESOLUTION #82-278 RESOLUTION SETTING NQVEMBER g, 1882, AT 7;30 P.M.
AS THE DATE FOR THE PUBLLC HEARINQ QN THE VACATIQN
OF SULGROVE ROAD
The vote was unanimously in favor. Motion carried,
214
October 12, 1982
INFORMATION/MISCELLANEOUS
A. Letter from .the Watershed District to the DNR - Regarding the Headwaters
Control Structure - Management Policy and Operating Resources
B. Minutes of the Lake Minnetonka Mayor's Association - Meeting held on
August 5, 1982
C. Housing Conference Flyer - Program: Public-Private Partnership: lt's
More than Just Money - to be held October 27, 1982, at the Sheraton Midway,
starting at 4:30 P.M. Conference fee, including dinner, is $13.50 a person.
Please. let the City Clerk know by October 21, 1982, if you intend to
attend this conference.
D. Letter from the City of Orono - Announcing the town meeting to be held
Wednesday, October 20, 19 2, at 7:30 P.M. at the Orono Middle School
Auditorium located at Highway 12 and- the Old Crystal Bay Road.
E. Westonka Chamber of Commerce "Waves" - for October, 1982.
F. Copy of the David Hozza Agreement - consultant on the proposed downtown
redevelopment.
G. HRA Memo from the City Attorney - Answers to questions raised by the
Council at a previous meeting.
Ulrick moved and Polston seconded a motion to adjourn at 8:45 P.M. The
vote was unanimously in favor. Motion carried.
(,/lam _
on Elam, City Manager
Fran Clark, City Clerk
BILLS-----OCTOBER 12, 1882.
Ben Franklin
Blackowiak ~ Son
Holly Bostrom
Burlington Northern
Buds Radiator ~ Body
Bryan Rock Prod
Bowman Barnes
Janet Bertrand
Gregg Bergquist
Robert Cheney
Bill Clark Standard
Coast to Coast
Continental Telephone
Robert Cheney
Dependable Services
Dray Publications
Jon Elam
Jack Farness
Finley Bros. Enterprises
Glenwood Inglewood
Eugene Hickok ~ Assoc
Henn Co. Treas
Hawkins Chemical
Henn Coop Seed Exchange
Henn Co. Sheriffs Dept
Robert Johnson
The Laker
Doris Lepsch
Marina Auto Supply
Miller Davis
Mound Fire Dept
Mound Hdwe
Wm Mueller ~ Sons
Martins Navarre 66
City of Mound
~~ ~~
MN Academy Prosec ~ Lw Enforc
No. Star Chapt tC60
Navarre Hdwe
N.S.P.
Popham, Haik, Schnobrich
Riteway Motor Parts
Brad Roy
E.H. Renner ~ Sons
Greg Skinner
State Bank of Mound
Shepherds Rental Rugs
Spring Park Car Wash
Stern, Levine, Schwartz
State Bank of Mound
Tri State Drilling
Tulberg ~ Brakke
Tonka Tools Inc
191.03
56.00
263.00
533.33
18.00
196.02
153.88
37.97
166.05
275.00
2,082.15
12.1.18
1 ,124.84
334.00
33.00
483.31
5.95
275.00
9,840.00
43.80
110.00
2,957.46
281.17
49.50
831.30.
34.32
192.30
15.00
376.35
341.25
4,479.40
16.20
881.55
37.00
69.91
33.70
168.00
110.00
255.32
4,330.30
5,222.79
96.00
15.00
10,668.00
175.85
101,159.50
320.05
58.00
2,740.28
10.30
78.70
550.00
144.00
Tweeds Service Garage
Village Chevrolet
Vanwaters ~ Rogers
Water Products
Winner Industries
Admiral Chemical
Auto Con Industries
Applebaums
Anthony's Floral
Acro Minnesota
Albinson
TOTAL BILLS
LIQUOR BILLS
Bradley Exterminating
Butch's Bar Supply
Cash Register Sales
City Club Distrib
Coca Cola Bottling
Day Distrib
East Side Beverage
Gold Medal Beverage
Home Juice
Kool Kube Ice
Mark V11 Sales
Midwest Wine
A.J. Ogle
Pepsi Cola/7 Up
Pogreba Distrib
Real-One Acquisition
Regal Window Clean
Thorpe Distrib
Griggs Cooper
Johnson Bros. Liquor
MN Distillers
Old Peoria
Ed Phillips
TOTAL LIQUOR BILLS
GRAND TOTAL--ALL BILLS
54.00
43.46
358.20
124.95
1.61
162.35
157.22
10.20
25.00
129.91
24.30
154,233.22
19.00
461.59
67.19
2,989.80
275.27
2, 742.02
4,200.36
180.00
54.74
215.30
284.00
963.50
2,206.87
183.50
3,533.15
675.00
10.75
4, 750.70
3,492.92
6,599.53
1,894.00
2,314.55
2,379.71
40,493.45
194,726.67