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1982-11-09229 November 9,1982 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 November 9, 1982, at 7:30 P.M. Those present were: Mayor Rock Lindtan, Councilmembers Pinky Charon, Gordon Swenson, and Donald Ulrick. Councilmember Robert Polstion arrived at 7:38 P.M. Also present were: City Attorney Jim Larson, City Manager Jon Elam, City Clerk Fran Clark and the following interested citizens: Patzy D'Avia, Paul Henry, Harvey Berquist, Mr. ~ Mrs.. Dick Bialon, Gary Paulsen, Russ Peterson, Ron Gehring, Bud Stannard, John Wagman, Bob Hanson and Webelos Den of Pack 297 Cub Scouts. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the October 2b, 1982, Regular Meeting were presented for consideration. Swenson moved and Charon seconded a motion to approve the Minutes of the October 26,.1982, Regular Meeting as submitted. The. vote was unani.mously.in favor with Councilmember Polston absent. Motion carried. PUBLIC. HEARING - VACATION OF A PORTION OF SULGROUE ROAD - RICHARD BIALON The City Manager reminded the Council that this vacation was requested in order to get 2.1 feet of Richard Bialon's home off the designated Sulgrove Road right-of-way. The City Attorney and the City Engineer have worked out a vacation on the south'S.00 feet of Sulgrove Road. which lies between the southerly extensions across it of-the west line of Lot 11, Block 28 and the east line of Lot 15, B}ock 28, a.}1 in "Whipple"; and a street and utility easement. Since that time, the three .property owners (Henry, Berquist and Bialon) have been working together to try and solve the land problems in this area. They have started and association and retained an attorney to help them solve the problems. The property owners have submitted some supplemental materials for the Council to consider. These materials propose a different layout for the vacation then the one advertised in the public hearing notice. They feel it will be a better solution and if the Council approves. their plan they would meet the following conditions: 1. Association will grant an easement to gain access to Lots 1,2,3, 18,19 and 20 which are currently owned by Mr. Henry and Mr. Berquist. 2. Mr. Bialon will give an easement to.the City for access to other property owners. 3. Mr. Berquist will give an easement to Mr. Henry to gain access to Lots 1,2,3,18,19 ~ 20. 4. All easements, quit claim deeds, etc. will. be approved by the City. Councilmember Polston arrived. The City Attorney advised that a new public hearing would have to be advertised and held because the legal description of the vacation would be changed with the new proposal. 230 November 9, 1982 The Council wants to retain utility and street easements over the the vacated portion of Sulgrove. Councilmember Ulrick would like to see a stipulation in the vacation that the City of Mound will not provide maintenance to that road. Swenson moved and Ulrick seconded a motion to DENY the vacation of the south 5.00 feet of Sutgrove Road which lies between the southerly extensions across it of the west .line of Lot 11, Block 28 and the east line of Lot 15, Block 28, all in "Whipple" according to the recorded plat thereof, Hennepin County, Minnesota. The vote was unanimously in favor. Motion carried. Swenson. moved and Ulrick seconded the following ,resolution. RESOLUTION #82-2g3 RESOLUTION SETTING DECEMBER 7, 1982, at 7:30 P.M. FOR A PUBLIC HEARING ON THE NEW PROPOSAL FOR THE VACATION OF SULGROVE ROAD. The property owners will provide a legal description to the City for the vacation to be published. The vote was unanimously in favor. Motion carried. Mr. Berquist then asked the Council if they would consider selling Lot 5 (which was taken by the City for wetland) so that he can build a garage on part of it. The City Manager explained all the problems with this type of transaction but stated that if the Council wish he would try to get it thru all the red tape. Polston moved and Ulrick seconded the following resolution. RESOLUTION #82-294 RESOLUTION TO RECONUEY LOT 5, BLOCK 28, WHIPPLE (PID #25-117-24 12 0182) BACK TO THE THE STATE OF MINNE50TA, AND REQUESTING THE COUNTY BOARD TO IMPOSE CONDITIONS ON THE SALE OF SAID TAX FORFEIT LANDS AND TO RESTRICT THE SALE TO OWNERS OF ADJOINJNG LANDS The vote was unanimously in favor. Motion carried. L.M.C.D. CODE AMENDMENT The City Manager reported that at his first meeting as representative for Mound to the L.M.C.D., they are proposing a Code Amendment relating to the number of watercraft which may be kept at any dock or mooring facility (L.M.C.D. Code Section 3.02, Subd, 9 and 10). This amendment relates to controlling and limiting the number of boats tied up at a private dock to two or less without a permit. This amendment does not include boats 16 feet and under, or 10 hp or under. It was developed to try and control the commercialization of dockage in residential neighborhoods. Councilmember Ulrick voiced opposition to restricting private property owners from leasing their docks. Charon moved and Polston seconded a motion recommending the L.M.C.D. approve the Code Amendment regarding boat storage (Section 3.02, Subd. 9 & 10) as presented. The vote was 4 in favor with Ulrick voting nay. Motion carried. 231 November 9, 1982 The City Manager also reported that he has suggested that when .the L.M.C.D propose changes to their code that these be run by each City's Council comments and recommendations prior to approval. The L.M.C.D. agreed to do this and the above is the first of these amendments. COMPIENTS & SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there were any comments or suggestions from the citizen present. There were none. MEETING SCHEDULE FOR NOVEMBER AND DECEMBER 1982 The City Manager presented a proposed schedule for the November & becember meetings and asked if-the Council had. any problems with this schedule. The Council agreed to the following: NOVEMBER 9th First Meeting 16th Second Meeting 23rd Third Meeting 30th No Meeting DECEMBER 7th First Meeting 14th Second Meeting 21st No Meeting 28th Third Meeting JANUARY 1983 th First Meeting of New Year - Organization Meeting IDEAS FOR PUBLIC HEARING - NOVEMBER 16, 1982 Councilmember Swenson stated that he didn;t think this item should be on the Agenda tonight. The City Manager explained that 2 separate legal notices have been published and that just wanted some idea from the Council on the kind of Agenda they would like to follow. at these public hearings. The Council agreed that they should be treated as 2 separate items. 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 $114,911.21, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A, Park. Commission Minutes - from October 14, 1982 meeting. B. Letter from Curt Pearson - Dated October 20,.1982, regarding zoning matters. C. Letter from Metropolitan Waste Control Commission - Approving the City of Mound Comprehensive Sewer Plan. D. REVIEW - Metro Council Bulletin - October 22, 1982. 232 November 9, 1982 E. Emergency Preparedness Material - 3 articles F. Dist. 277 School Board Minutes - October l3, 1982-Meeting. G. Ratio of Sales to Price Reat Estate for 1981-82 for Property Values H. Letter from John Cameron - Regarding the 1981 M.S.A. Street Improvements Tuxedo & Three Points Blvd.) - The Council wants the engineer not to agree to patching. The Council wants Tuxedo, Three Points and Bartlett brought up to standard. I. Springsted Newsletter - regarding the recently enacted U.S. "Tax.. Equity and Fiscal Responsibility Act of 1982" (TEFRA) which included a number of modifications affecting the issuance of Industrial Development Bonds. J. Letter from Tonka Corporation - a confirmation of Steve Shanks meeting .with the Council on October 28, 1982; K. Report on Street Light Costs for 1983 L. American Legion Post 398 - Gambling Report as of October 23, 1982• M. Park Development & Improvement Plan - dropped from this Agenda. N. Tax Increment Financing Materials - reference material for the Council. 0. Calendar for November 1982 CONTINENTAL UPDATE - JIM CARSON City Attorney Jim. Larson reported that Hearing Examiner Bruce Campbell has issued his proposed order to the Public Utilities Commission. He went over the proposed order with. the Council. If the PUC accepts the recommendations, Mound could get approximately a 6i reduction in rates. The PUC will issue its order. on December 20, 1982. Swenson moved and Charon .seconded a motion to adjourn at 9:15 P.M. The vote was unanimously in favor. Motion carried. ~/~ J Elam, City Manager Fran Clark, City Clerk BILLS-------NOVEMBER g, 1982 Applebaums 54.95 Don Streicher Guns 73.25 Acro-Minnesota 318.11 Sterne Electric 591.12 Blackowiak ~ Son 80.00 Suburban Tire 299.40 Burlington Northern 533.33 Specialty Screening 110.50 Buds Radiator ~ Body 28.50 State Treas 197<83 Bryan Rock Prod. 23.98 T ~ T Maintenance 53.40 Bowman Barnes 126.3.9 Thrifty Snyder Drug 47.25 Greg Bergquist 15.00 Title Ins. 252.50 Commiss of Revenue 3,202.93 Village Chevrolet 239.85 Fran Clark 17.50 U of M Registrar 50.00 Cargill Salt 806.98 Water Products 214.26 Cromer Management 61.25 Widmer Bros. 378.00 Robert Cheney 334.00 Westonka Sanitation 150.00 Dependable Services 33.00 Winner Industries. 11.54 John Ewald 25.00 R.L. Youngdahl 297.00 ElMarketing 235.00 Election Judges (48) 2,512.13 TOTAL BILLS 83,640.07 Feed Rite Controls 204.00 Farmers Steel Co. 14.80 LIQUOR BILLS Gopher Oil 286.85 Goodin Co. 155.50 Holly Bostrom 257.00 W.W. Grainger Inc. 171.71 Butch's Bar Supply 80.80 Glenwood Inglewood 40.40 Border Glass 97.10 Henn Co. Finance 21.39 City Club Distrib 2,520.65 Henn Co. Treas 870.00 Coca Cola 138.60 The Hozza Assoc 714.60 Day Distrib 3,737.85 Henn Co. Finance 52,319.71 East Side Beverage 3,312.65 Gerald Henke 15.00_ Gold Medal Bev. 96.48 Henn Co. Treas 3.00 Home Juice 11.04 Robert Johnson 12.76 Kool Kube Ice 126.50 Island Park Skelly 40.00 Midwest Wine 1,212.60 Sharon Legg 90.67 A.J. Ogle 1,327.42 Doris Lepsch 15.00 Pepsi Cola 253.00 Lindstroms 1,448.46 Pogreba Distrib 2,880.20 Metro Waste Control 1,683.00 Regal Window Clean 10.75 MN Rec ~ Park 84.00 Real One Acquisition 675.00 MacQueen Equip 218.20 Thorpe Distrib 5,217.45 Marina Auto Supply 529.28 Griggs Cooper 2,753.51 Miller Davis 12.70 Johnson Bros. Liquor 2,983.48 Mound Fire Dept 4,411.25 MN Distillers 1,413.59 Mound Locksmith 148.00 Ed Phillips 2,165.47 Minnesota UC Fund 2,299.02 N.S.P. 3;040.73 North Star Waterworks 150.00 Total Liquor Bills 31,271.14 Neitge Construction 360.00 Planning ~ Devel Serv 1,024.50 Popham Haik Kaufman 1,326.77 Phleger Law Office 180.00 GRAND TOTAL-ALL BILLS 114,911.21 Poucher Printing 125.00 Reynolds ~ Reynolds 118.32 Shepherds Laundry 53.00 Spring Park Car Wash 78.50 ~.. ~~~~~~-i~~/~~~ ~J _ ~~~l~r~/