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1983-01-041 January 4, 1983 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 January 4, 1983, at 7:30 P.M. Those present were: Mayor Elect Robert Polston, Councilmembers Elect Gary Paulsen and Russ Peterson, Councilmembers Pinky Charon and Gordon Swenson. Also present were: City Attorney Curt Pearson, City Manager Jon Elam, Building Inspector Jan Bertrand and City Clerk :Fran Clark. The following interested citizens were present: Mr. ~ Mrs. John Wagman, JoAnn Paulsen, Joan Polston, Ron Gehring, Marge Stutsman, Buzz Sycks~ The City Glerk administered the Oath of Office to Mayor Bob .Polston, and Councilmembers Gary Paulsen a.nd Russ Peterson Mayor Polston suggested that at_the beginning of each Council Meeting the Pledge of Allegiance be recited. The Council agreed. The Mayor opened the meeting welcomed th.e people in attendance and lead the Pledge of Allegiance. MT.NUTES~_ The Minute of the December 21, 1982., Spec-ial Meeting were presented for consideration. Charon moved and Swenson seconded a motion to approve the Minutes of the December 21,.1982, Special Meeting as submitted. The vote was unanimously in favor... Motion carried, ORGANIZATIONAL MATTERS APPOINTMENT OF ACTING .MAYOR Polston moved and Paulsen seconded .the following resolution. RESQLUTION #83-1 RESOLUTION APPOINTING COUNCtLMEMBER GORDQN $WENSON AS ACTING. MAYOR FOR 1983 The vote was unanimously in favor. Motion carried. DESIGNATION OF OFFICIAL NEWSPAPER Charon moved and Swenson seconded the following resolution. RESOLUTION#83-2 RESOLUTION DESIGNATING THE LAKER AS THE OFFICIAL NEWSPAPER FOR THE CITY OF MOUND IN 1983 The vote was unanimously in favor. Motion carried. DESIGNATION OF OFFICIAL DEPOSITORY Charon moved and Swenson seconded the following resolution. RESOLUTION #83-3 RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR THE CITY OF MOUND IN 1983 2 January 4, 1933 The vote was unanimously in favor. Motion carried. APPOINT COUNCIL REPRESENTATIVE TO CABLE T.V. COMMITTEE Charon. moved and Swenson seconded the following resolution. RESOLUTION #83-4 RESOLUTION APPOINTING COUNCILMEMBER GARY PAULSEN AS COUNCIL REPRESENTATIVE TO THE CABLE T.V. COMMITTEE FOR 1983 The vote was unanimously in favor. Motion carried. APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY Swenson moved and Charon seconded the following resolution. RESOLUTION #83-5 RESOLUTION APPOINTING COUNCILMEMBER RUSS PETERSON AS REPRESENTATIVE AND COUNCILMEMBER PINKY CHARON AS ALTERNATE REPRESENTATIVE TO THE SUBURBAN RATE AUTHORITY The vote was unanimously in favor. Motion carried. APPOINT COUNCIL REPRESENTATIVES TO THE FIRE COMMITTEE Charon moved and Paulsen seconded the. following resolution. RESOLUTION #83-6 RESOLUTION APPOINTING COUNCILMEMBERS GORDON SWENSON AND RUSS PETERSON TO THE FIRE COMMITTEE FOR 19$3 The vote was unanimously in favor. Motion carried. CITY CLERK'S BOND Paulsen moved and Charon seconded the following resolution. RESOLUTION #83-7 RESOLUTION APPROVING THE CITY CLERK'S BOND OF $20,000 FOR 19$3 The vote was unanimous) in favor. Motion carried. CITY TREASURER'S BOND Charon moved and Paulsen seconded the following resolution. RESOLUTION #83-8 RESOLUTION APPROVING THE CITY TREASURER'S BOND OF $20,000 FOR 1883 The vote was unanimously in favor. Motion carried. APPOINT COUNCIL REPRESENTATIVES TO THE PLANNING AND PARK COMMISSION Paulsen moved and Charon seconded the following resolution. 3 January 4, 1983 RESOLUTION #82-9 RESOLUTION APPOINTING COUNGILMEMBER GORDON SWENSON TO THE PLANNING COMMISSION AND COUNCILMEMBER PINKY CHARON TO THE PARK COMMISSION AS COUNCIL REPRESENTATIVES FOR 1983 The vote was unanimously in favor. Motion carried. APPOINTMENT TO THE PARK COMMISSION- .Paulsen moved and Charon seconded the following resolution. RESOLUTION #83-10 RESOLUTLON APPOINTING DELORES MAAS TO THE PARK. COMMISSION FOR A 3 YEAR TERM BEGINNING JANUARY 1, 1983 The vote was unanimously in favor. Motion carried. APPOINTMENTS TO THE PLANNING COMMISSION Peterson moved and Swenson seconded the following resolution. RESOLUTION #83-11 RESOLUTION APPOINTING FIVE PERSONS, AS RECOMMENDED, TO THE PLANNING COMMISSION FOR VARIOUS TERMS The vote was unanimously in favor. Motion carried. COMMENTS ~ SUGGESTIONS FROM .CITIZENS PRESENT The Mayoc asked if there were any comments or suggestions from the citizens present. There were none. PUBLIC HEARING - AMENDMENT TO THE ZONING ORDINANCE RELATING TO SUBDIVISION OF TWIN HOMES OR DOUBLE BUNGELOWS The City Attorney advised. that the Planning Commission has reviewed his proposed ordinance amendment, added a few things and is now recommending approval.. Councilmember Swenson questioned requiring fire walls in twin homes and townhouses and not requiring them in double bungelows. He felt they should also be required in rented double bungelows where there is just one owner. The Mayor opened the public hearing and asked for any comments from the citizens present. There were none. The Mayor .closed the public hearing. Charon moved and Paulsen seconded the following: ORDINANCE #444 AN ORDINANCE AMENDING SECTION 23.302 OF THE CITY CODE TO ADD SUBDIVISION (38A) AND AMENDING SECTIONS 23.410, 23,610.1, 2.3.610.3, 23,610.5 AND 23,620.3 RELATING TO TWIN HOME DWELLINGS AND TWO FAMILY RESIDENCES, ALLOWING DIVISION OF SAID PARCELS AND ESTABLISHING REGULATIONS. b January 4, 1983 There was further discussion on Section 23.610.3 (g) which refers to a "Declaration of Covenants, Conditions and Restrictions". The. City Attorney explained that he has prepared a form which could be a model or sample to be used by the City when they authorize the division of these two-family homes. The City can make any necessary changes to take care of the specifics applicable to each subdivision. The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING - AMENDMENT TO CONDITIONAL USE PERMIT - "YOUNG ADULT ENTERTAINMENT CENTER" The City Manager explained. that the Planning Commission has recommended approval of an amendment to Mr. Watson's Conditional Use Permit to allow a Class I restaurant and a dance hall. The Council should now set a date for the public hearing on this and the date suggested would be January 25, 1983• Mayor Polston asked the City Manager to .explain the history behind this item. The City Manager did this and then explained that the Building Inspector has written a letter to Mr. 4Jatson advising him that he is proceeding with construction of the dance hall at his own risk because he does not yet have approval from the City Council. The City Attorney'suggested making the building plans a part of any Conditional Use Permit application so that the Planning Commission and the Council have all the information and the plans are not changed in the middle as has happened in this case. Councilmember Peterson asked the City Manager what had been done about the parking problems. The City Manager explained that he is meeting with the C.B.D. Parking Committee tomorrow to figure out a way to assess Mr. Watson for C.B.D. maintenance and his use of the parking lots. Paulson moved and Charon seconded the following resolution. RESOLUTION #83-12 RESOLUTION TO SET DATE FOR PUBLIC HEARING ON AMENDMENT TO CONDITIONAL USE PERMIT - TOM WATSON - FOR JANUARY 25, 19$3 AT 7:30 P.M. The vote was unanimously in favor. Motion carried. PUBLIC HEARING - CONDITIONAL USE PERMIT FOR TOWNHOUSE - 2128-2130 CEDAR LANE - BEN MEINHARDT PID #13-117-2 31 0075 The Mayor opened the public hearing and asked for comments from the persons present. There were none. The Mayor closed the public hearing. The City Manager explained that two actions are needed in this case. One is approving the preliminary lot split and the other is to approve the Conditional Use Permit to allow a zero lot line double bungelow conversion to two single family tax parcels. The Planning Commission has recommended approval of both actions. 5 January 4, 1983 Peterson moved and Swenson seconded the following resolution. RESOLUTION.#83-13 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE PRELIMINARY LOT SPLIT AS REQUESTED AND WITH THE BUILDING INSPECTOR'S RECOMMENDATIONS (PID #13-117-24 31 0075). The vote was unanimously in favor. Motion carried. Charon moved and Swenson seconded the following resolution. RESOLUTION #83-14 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION- RECOMMENDATION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW A ZERO-LOT LINE DOUBLE BUNGELOW CONVERSION TO TWO SINGLE FAMILY TAX PARCELS (PID #13-117-24 31 0075) The vote was unanimously in favor. Motion carried. MN. DEPT. OF TRANSPORTATION AGREEMENT - STATE AID FINANCIAL ASSISTANCE The City Manager explained that this agreement allows the State to act as the City's agent in accepting federal aid on the City's behalf, for road and bridge construction and in contracting for the construction. The City Attorney has gone over the agreement and found nothing wrong with it except on Page g, line 3, the word County should be struck-out and the word City inserted. Paulson moved and Peterson seconded the following resolution. RESOLUTION #83-i5 RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN THE "MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY AGREEMENT" The vote was unanimously in favor.. Motion carried. DONATION TO THE POLICE DEPARTMENT The City Manager explained ..that a $50.00 donation was received by the Police Department from .Sarah-Circle of St. John's Lutheran Church. The money will be used to help pay for 2 additional radios for the squad cars. Swenson moved and Charon seconded a motion directing the City Manager to write a letter thanking the Sarah Circle for their generous donation. The vote was unanimously in favor. Motion carried. PROCLAMATION - WESTONKA SNOWBLAZERS SNOWMOBILE CLUB MARATHON RIDE FOR THE MULTIPLE SCLEROSIS SOCIETY Charon moved and Swenson seconded the following resolution. RESOLUTION #82-16 RESOLUTION PROCLAIMING FEBRUARY 12, 1983, TO BE WESTONKA SNOWBLAZERS SNOWMOBILE CLUB DAY IN THE CITY OF MOUND The vote was unanimously in favor. Motion carried. 6 January 4, 1983 CONTINENTAL TELEPHONE'S REVISED RATES The City Manager reported that it looks like our efforts against higher rates amounted to $1.60 per month per customer in Mound or an approximate total of between $57,000 and $60,000. This would mean for an individual line the rate was $23.50 and is now $21.90. BUILDING INSPECTION SERVICE IN SPRING PARK The City Manager explained that before the 1983 Budget was adopted it was decided to charge Spring Park $30,00.00 plus 85% of the permit fees for our Building Official to do their building inspections.. Spring Park agreed to this but today called and stated that at their last meeting they decided the service was only worth $1,500 plus 85% of the permit fees. The City Manager stated that evidently they do not understand the demand their citizens put on Jan's time not only for inspections but planning and zoning also. He has spoken to the City Clerk and tried to explain this. Therefore, his recommendation is to send Spring Park a letter stating the fee will be $3,000 plus 85% of the permit fees, or we will give them 30 days notice and they may find their own building inspector. There was discussion on this matter and it was decided to have the City Manager make one last attempt, by going to a Spring Park Council Meeting, and explaining Mound's reasoning on this matter. INFORMATION/MISCELLANEOUS A. Memo on Tonka Toys status from City Manager - Councilmember Swenson asked what was being done to collect the $357,000 in sewer charges that was never billed to Tonka. .The City Attorney and the City Manager are getting all the facts together and will have a meeting with .Tonka. B. Ehlers ~ Associates Newsletter - January 1, 1983 C. League of Minnesota Cities. Letter - Regarding the Legislative Study Committee D. Letter from MPCA to Tonka Toys - regarding the Tonka disposal sites in Mound. E. Letter from the League of Minnesota Cities - regarding Local Government Aid F. Letter from Employment Action Center - announcement that the center in St. Louis Park will continue to be located there. G. Letter from George S. Pillsbury - reply to the City Manager's letter regarding the bill passed in the Special Legislative Session. H. Meto Council "Review" Newsletter - dated December 17, 1982. Councilmember Swenson inquired about reminding the business community of their obligation to keep their sidewalks shoveled off. The City Manager stated he would send a letter of reminder. Mayor Polston asked that the Council hold a joint meeting with the Planning Commission on February 15, 1983 and asked that the City Attorney and the Planner be invited. This meeting would be for the Planning Commission and the Council to meet each other (being there are 4 new members on the Commission) and enable the new Commissioners to ask questions of the Council, Attorney and Planner. 7 January 4, 1983 Mayor Polston suggested that atone meeting a month(preferablya light meeting) that the Council set aside a time to have a citizen's forum. This forum would allow a citizen to speak to the Council for up to 15 minutes on any subject. Any citizen interested in participating in the forum should contact the City Manager so .that time on the Agenda can be scheduled. The Council could hear 3 to 5 citizens per month. Councilmember Swenson reminded the Council that he will be on vacation after this meeting and will be back at the 1st meeting in February. Councilmember Charon asked to be excused from the February 22, 1983, Counci] Meeting because she will be on vacation. Paulsen moved and Peterson seconded a motion to adjourn at 935 P.M. The vote was unanimously in favor. Motion. carried. Cti/Vi'ti on Elam, City Manager Fran lark, City Clerk