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1983-10-04October 4, .19$3 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 4, 1983, at 7:30 P.M. Those present were: Mayor Robert Polston, Councilmembers Pinky Charon, Phyllis Jensen, Gary Paulsen and Russ Peterson. Also present were: City Manager Jon Elam. City Attorney Curt Pearson. City Clerk Fran Clark and the following interested citizens: Larry Connolly. Mr. & Mrs. Willard. Hillier, Linda Johnson. Bernie Benz. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The Minutes from the September 27, 1983. Regular Meeting were presented for consideration. Paulsen moved and Charon seconded a motion to approve the Minutes of the September 27, 1983, Regular Meeting as presented. The vote was unanimously in favor. Motion carried. PUBLIC HEARINGS -.SPECIAL ASS CENTRAL BUSINESS DISTRICT PARKING MAINTENANCE ASSESSMENT The City Manager explained that the total assessment for the Central Business District Parking Maintenance. for 1982-83 is X22,586.20. The Mayor opened the public `hearing. WILLARD HILLIER -owner of the Ben Franklin stated that h~'is again asking for credit for the 10 parking spaces-next to his store because he does all the snow plowing and maintenence and people use that lot for parking and shopping in the other stores. The City Manager explained that he would have to get the railroad to agree to sublease this lot to the City before the City can take the lot over and incorporate it into the CBD. He suggested that Mr. Hillier get in touch with Peter Johnson because he just worked this lease arrangement out with the railroad. Mr. Hillier then questioned the increase in the total assessment. The City Manager explained that all the snow removal charges and maintenance on the parking lots is included in this amount.' The City Manager informed the Council that he has received an letter objecting to the proposed assessment of X906.03 on PID X13-117- 24 33 027. The Mayor closed the public hearing. 1 October 4~ 1983 Peterson moved and Paulsen seconded the following resolution: RESOLUTION X83-178 RESOLUTION ADOPTING THE CENTRAL BUSINESS DISTRICT ASSESSMENT ROLL IN THE AMOUNT OF 320 533.11 TO BE CERTIFIED TO THE COUNTY AUDITOR AND SPREAD OVER 1 YEAR AT $~ - LEVY #9145 The vote was unanimously in favor. Motion carried. DELINQUENT WATER AND SEWER BILLS - ASSESSMENTS The Mayor opened the public hearing and asked for any comments or objections to the proposed assessments. The City Manager stated that one letter of objection has been received from the owner of property identified as PID 423-117-24 42 0063: Jeff Erickson. He purchased a home with a delinquent utility bill and evidently did not have a proper search done before to uncover this bill. The City policy has been that the bills stay with the property. The Mayor closed the public hearing. Paulsen moved and Jessen seconded the following resolution: RESOLUTION X83-179 RESOLUTION ADOPTING THE DELINQUENT UTILITY ASSESS- MENT ROLL IN THE AMOUNT OF 33.214.40 TO BE CERTI- FIED TO THE COUNTY AUDITOR AND SPREAD OVER 1 YEAR AT $~ - LEVY #9146 The voted was unanimously in favor. Motion carried. MISCELLANEOUS ..ASSESSMENTS (UNPAID .TREE REMOVAL & GARBAGE REMOVAL CHARGES) TRLE REMOVAL The Mayor opened the public hearing on the unpaid tree removal charges and asked for any comments of objections from the people present. There were none. The Mayor closed the public hearing. Paulsen moved and Peterson seconded the following resolution: RESOLUTION X83-180 RESOLUTION ADOPTING THE UNPAID TREE REMOVAL ASSESSMENT ROLL IN THE AMOUNT OF 3390.00 TO BE CERTIFIED TO THE CAUNTY AUDITOR & SPREAD OVER 5 YEARS AT 8~ INTEREST - LEVY X9157 The vote was unanimously in favor. Motion carried. GARBAGE REMOVAL The Maycr opened the public hearing and asked for any comments or objections from the people in attendance. There were none. The Mayor closed the public hearing. 2 • October ~. 1983 Peterson moved and Jessen seconded the following resolution: RESOLUTION #83-181 RESOLUTION ADOPTING UNPAID GARBAGE REMOVAL ASSESS- MENT ROLL IN THE AMOUNT OF X1.071.00 TO BE CERTI- FIED TO THE COUNTY AUDITOR & SPREAD OVER 1 YEAR AT 8% INTEREST - LEVY ~91~~+ The vote was unanimously in favor. .Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRE~F.~1 The Mayor stated that two people have indicated they would like to address the Council at this time. LINDA JOHNSON - 1709 Canary Lane - stated that she is objecting to a ticket that was issued to a friend for his truck being parking in front of their home for a weekend when they all went camping and then while they were still away having the truck towed away. The police never even trying to contact the owner who was the father of the friend. The City Attorney explained that when a vehicle is parked illegally the Police Department has the right to ticket and tow the vehicle away without any notification. The City Manager explained that the vehicle was ticketed because it was parked for a period in excess of 24 consecutive hours. The police officer who issued the ticket did so after chalking the tires to determine if the vehicle was moved and it was not. This whole incident ocurred because of a complaint from a neighbor about the vehicle parking partially on his property and partially in the City street. The .vehicle was towed because it was still there two days after the original ticket was written and was impounded as an abandoned vehicle. The City Manager stated this is a problem that the courts will have to deal with not the City Council. Mrs. Johnson then complained that she cannot obtain a "On Street Parking Variance" this year according to the Public Works Superintendent. She stated she only has roam for one car in her driveway. her garage is not adequate for leave a car in and there- fore she should be allowed a variance. The Mayor explained that variances were granted in the past to allow people time to solve their parking problems by making other arrange- ments. but that she has had the time to solve this problem and we cannot issue another for this year. The City Manager stated that the City has offered to move a tree that it planted during the street project in order to allow her an area to park another vehicle. The City Manager explained that the reason for the parking restrictions is to allow snow plows. emergency vehicles etc. access. 3 October 4. 1983 Mr. Bernie Benz. Bluffs Lane was also present to complain that he will not be issued an "On Street Parking Variance" this year. He stated that because his driveway goes down to his garage he is forced to park one car at the top of the driveway and if he is not allowed to park the other car on the edge of the street he cannot get out of his. driveway so both cars can be used for traveling to work by he and his wife. He stated he has had a permit for 3 years previously and could not understand why another will not be issued. He objected to 3 other permits being granted and his was not. The Council explained that these permits were only allowed so that alternative arrangements could be made in the future and being that he has already had 3 years to correct his problem they felt that was sufficient time. Mr. Benz also complained that he was threatened over the phone by Geno Hoff stating that Mr. Hoff said he would punch him in the nose. The Council stated that they would not deal with this problem. that it is and administrative problem to be handled by the City Manager. Mr. Benz stated that he still felt he should be allowed a variance. The City Attorney pointed out to the Council that they should be the body authorizing issuance or denial~of these parking variances aecarding to the. ordinance. The City Council then instructed the City Manager to have any parking variance requests put on an Agenda for a future meeting. ASSESSMENTS BY WAIVER TO BE LEVIED Paulsen moved and Peterson seconded the following resolution: RESOLUTION X83-182 RESOLUTION LEVYING DEFERRED & SUPPLEMENTAL ASSESS- MENTS UPON WAIVER OF-FORMALITIES: DIRECTING PRE- PARATION OF ABSTRACT; & DIRECTING CERTIFICATION TO THE COUNTY AUDITOR - LEVY ~~9147 - $279.30 The vote was unanimously in favor. Motion carried. Charon moved and Paulsen seconded the following resolution: RESOLUTION X83-183 RESOLUTION LEVYING DEFERRED & SUPPLEMENTAL ASSESS- - MENTS UPON WAVER OF FORMALITIES: DIRECTING PRE- PARATION OF ABSTRACT; & DIRECTING CERTIFICATION TO THE COUNTY AUDITOR - LEVY X9148 - X350.40 The voted was unanimously in favor. Motion carried. Peterson moved and Jessen seconded the following resolution: RESOLUTION ~$3-184 RESOLUTION LEVYING DEFERRED & SUPPLEMENTAL ASSESS- MENTS UPON WAIVER OF FORMALITIES: DIRECTING PRE- 4 October 4: 1983 PARATION OF ABSTRACT; & DIRECTING CERTIFICATION TO THE COUNTY AUDITOR - LEVY X9149 - $822.64 The .vote was unanimously in favor. Motion carried. Jessen. moved and Charon seconded the following resolution: RESOLUTION ~~83-185 RESOLUTION LEVYING DEFERRED & SUPPLEMENTAL ASSESS- MENTS UPON WAIVER OF .FORMALITIES: DIRECTING PRE- PARATION OF ABSTRACT; & DIRECTING CERTIFICATION TO • THE COUNTY AUDITOR - LEVY X9150 - 377.92 The vote was unanimously in favor. Motion carried. Polston moved and Peterson seconded the following resolution: RESOLUTION X83-186 RESOLUTION CERTIFYING ASSESSMENT TO THE COUNTY AUDITOR FOR REMOVAL OF A HAZARDOUS DWELLING ON LOTS 14, 15. 16. & 17. BLOCK 15. WHIPFLE - PID ~ 25-117-2412 Oll8 IN THE AMOUNT OF 31.615.00 - LEVY ~~9151 The vote was unanimously in favor. Motion carried. Paulsen moved and Charon seconded. the following resolution: RESOLUTION X83-187 RESOLUTION LEVYING DEFERRED & SUPPLEMENTAL ASSESS-- MENTS UPON WAIVER OF FORMALITIES: DIRECTING PRE- PARATION OF ABSTRACT; & DIRECTING CERTIFICATION TO THE COUNTY AUDITOR - LEVY ~'S 9153 & 9154 - EACH IN THE AMOUNT OF 31,828.15 The vote was unanimously in favor. Motion carried. Jessen moved and Peterson seconded the following resolution: RESOLUTION X83-188 RESOLUTION LEVYING DEFERRED & SUPPLEMENTAL ASSESS- MENTS UPON WAIVER OF FORMALITIES: DIRECTING PRE- PARATION OF ABSTRACT; & DIRECTING CERTIFICATION TO THE COUNTY AUDITOR - LEVY X9155 - 31.756.35 The vote was unanimously in favor. Motion carried. Peterson moved and Polston seconded the following resolution: RESOLUTION X83-189 RESOLUTION LEVYING DEFERRED & SUPPLEMENTAL ASSESS- MENTS UPON WAIVER OF FORMALITIES: DIRECTING PRE- PARATION OF ABSTRACT; & DIRECTING CERTIFICATION TO THE COUNTY AUDITOR - LEVY ~~9156 - $4.421.13 The vote was unanimously in favor. Motion carried. Charon moved and Jessen seconded the following resolution: 5 October ~, 1983 - RESOLUTION #83-190 RESOLUTION ADOPTING UNPAID TREE REMOVAL ASSESSMENT TOLL UPON WAIVER OF FORMALITIES: DIRECTING PREPARATION OF ABSTRACT; & DIRECTING CERTIFICATION TO THE COUNTY AUDITOR - LEVY #9157 - X295.00 The vote was unanimously in favor. Motion carried. SUGGESTED MODIFICATIONS TO CITY WATER ORDINANCE The City Manager suggested that this be postponed to a later meeting. PUBLIC HEARING: PROPOSED USE OF REVENUE SHARING~UNDS The City Manager explained that this Public Hearing is to solicit input from citizens on the use of Revenue Sharing Funds. The Mayor opened the public hearing and asked for ideas or suggestions .from .the citizens pt~esent on the use of Revenue Sharing Funds. There were none from the public. The Mayor closed the Public Hearing. Councilmember Jessen suggested that since Hennepin County is no longer going to do a survey of the wetlands because of budget restrictions, that the City consider using some of its Revenue Sharing Funds to do the survey mo o ,' ® php sTPf ~ an~~ are_mnre dPfinPr~ h wo ~~ ci ~ i ke to see the Citv yet a cast estimate for the survey. The City Manager took note of this. The City Manager also suggested that X10,000 be used to upgrade and improve The .Depot. SET__~TE~'OR PUBLIC HEARING: THREE POINTS. TAVERN - 3.2 .BEER LICENSE Peterson moved and Paulsen seconded a motion to set October 18, 1983, at 7:30 P.M. for a public hearing on a 3.2 Beer License for the Three Points Tavern. The vote was unanimously in favor. Motion carried. GARDEN LEASE - LEO & BEVE~tLY WALLIS The City Manager explained that the Wallis' had a garden lease last year on lots that are tax forfeit and the City is unable to sell because they abut the lake. It is at the end of Canary Lane. He suggested leasing the lots for a 5 year period of time. The Council asked if the City Manager would check and see is Mrs. Johnson would like to park her extra vehicle on one of these lots in the winter. Jessen moved and Paulsen seconded a motion authorizing the renewal of the lease with Leo & Beverly Wallis for a garden spot on Lots 1, 2, 3, & 22~ Block 5, Dreamwoad for 5 years as long as they continue to live at 1668 Canary Lane. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS Paulsen moved and Peterson seconded a motion to approve the bills as presented on the pre-list, in the amount of ~53~708.71, when funds are 6 • October ~+,• 1983 available. A roll call vote was unanimously in favor. Motion carried. •SET DATE FOA PUBLIC HEARING -VACATION Paulsen moved and Peterson seconded a motion to set October 18, 1983, at 8:00 P.M. for a public hearing to consider the vacation of the North 7 1!2 feet of Windsor Road abutting Lots 13 and 1~1, Block 20, Devon. The vote was unanimously in favor. .Motion carried. BURNING OF LEAVES The City Manager stated that the City will probably be getting alot of complaints because we can not afford to fund a Fa11 Clean Up and people will are already calling asking what they can do with their leaves. He suggested issuing Burning Permits for the burning of leaves only. He has developed some guidelines and presented them to the Council along with a Permit Form for people who want to burn their leaves. Permit fee would be $2.00. The Council discussed the PCA.rules and regulations. The City Manager stated that some of these have been integrated into the rules the City would be using. He further explained that people would only be allowed to do this for a short period of time this Fall to see it it works. Peterson moved and Jessen seconded a motion to approve the issuing of Burning Permit for' leaves only for the Fall of 1983. The vote was four in favor with Councilmember Paulsen voting nay. Motion carried. PAYMENT REQUEST..- WEBCO TANK C,Q Paulsen moved and Peterson seconded a motion to_approve the payment request of Webco Tank Co.: in the amount of $37,042.11 for the-1983 Water System Improvements. The vote .was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Management Articles: 1. "Participative Management" from Issues & Observations by the Center for Creative Leadership. 2. "What Effective General Managers Really Do"from the Harvard Business Review. B. Thank you note from the American Legion Auxilliary for putting up the flags on Commerce Blvd. and a donation check for $50.00 for City flags. C. Article on Suburban Office Space. D. Springsted, Inc. newsletter for October, 1983. E. Article, "Better City Streets Within the Budget". F. West Hennepin Human Services letter regarding the Minnesota Energy Agency. 7 October ~. 1983 G. October calendar. H. List of the top ten taxpayers in Mound. I. Action Alert from the League of Minnesota Cities on General Revenue Sharing. Peterson moved and Polston seconded a motion to adjourn at 9:50 P.M. The vote was unanimously in favor. Motion carried. ~~~ Jon Elam City Manager -~~ ~~~~ Fran Clark. City Clerk 8 BILLS------OCTOBER 4, 1g83 American Flag Pole 160.00 Acme Tag Co. 156.80 Acro-Minnesota 107.63 Holly Bostrom 245.00 James Broucksou 3,000.00 Daniel Duerr 180.00 Dependable Services 53.00 Jon Elam 30.13 Feed-Rite Controls 111.28 Fire Control Extinguisher 48.15 Griggs, Cooper 3,796.59 Henn Co. Treas. 768.75 Eugene Hickok ~ Assoc 77.00 Henn Co-op Seed Exchange 79.89 Henn Co. Sheriffs Dept 9.00 Jones Chemical 158.40 Robert E. Johnson 46.20 Johnson Bros. Liquor 2,100.34 Darlyne Kotila 50.00 Leonard Kopp 200.00 Long .Lake Ford Tractor 52.5$ Mpls. Health Dept 38.00 MacQueen Equip 88.99 Mtka Portable Dredge 1,400.00 Metro Fone Communications 23.60 Metro Waste Control 26,126.47 Old Peoria Co. 1,648.81 Ed Phillips & Sons 5,451.76 Brad Roy 11.62 Greg Skinner 137.74 Smith Heating ~ Air 182.50 Shepherds Rental Rugs 37.70 Timber Products 578.18 Western Tree Service 447.50 Water Products 21.37 Widmer Bros. 130.00 Bruce Wold 18.88' Youngblood Lumber 138.36 R.L. Youngdahl ~ Assoc 5,723.00 Ziegler, Inc. 72.48 TOTAL BILLS 53,708.71 C~ ...ao~