1985-06-11110
June 11, 1985
MINUTES
BOARD OF REVIEW
(continued from Hay 28. 1985)
AND
REGULAR COUNCIL HEFTING
JUNE 11, 1985
Pursuant to due call and notice thereof, the Board of Review
reconvened in the Council Chambers of the City of Mound, Hennepin
County: Minnesota, at 5341 Maywood Road in said City on June 11,
1985 at -6:30 P.M.
Those present were: Mayor Bob Polston, Councilmem hers Phyllis
Jessen, Russ Peterson and Steve Smith. Councilmember Gary
Paulsen arrived at 7:05 P. M. Also present were: City Manager
Jon Elam, City Clerk Fran Clark, Hennepin County Assessor Keith
Rennert'eldt and the following interested citizens: Chris
Terlinden, Alvin Gudvangen, Bill Dunkley, Neil Weber.
The Mayor reconvened the Board of Review. The Mayor explained
that at this meeting the Assessor, Keith Rennerfeldt, will give
the Assessor's decisions as to the value of the property
questioned at the May 28, 1985, Board of Review. After the
decisions are given and approved by the Council, it' the property
owner still feels that the value is too high, ne has the right to
appeal the decision to the County Board of Review.
1. PID #13-117-24 24 0007 - Duwayne Terlinden
The Assessor recommended reducing the value of this property
from $65,900 to $62,500.
PID #13-117-24 24 0008 - Duwayne Terlinden
The Assessor recommended reducing the value of this property
from 359,600 to 353,500.
2. PID #13-117-24 ~1 0013 - Alvin Gudvangen
The Assessor recommended reducing the value of this property
from 387,900 to 377,900.
3. PID #18-117-23 23 0058 - Beatrice Amidon
This person withdrew her request.
4. PID ~1~4-117-24 ~42 0123 - Gregory Berg_quist
The Assessor recommended reducing the value of this property
from 362,100 to 358,600.
5. PID #23-117-2~ 41 0017 - Dunkley Investments
The Assessor recommended no change in the value of this
property.
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June 11. 1985
6. PID #23-117-24 41 0012 - GMG Inc (Mike Macklin)
The Assessor recommended no change in the value of this
property.
7. PID #13-117-24 42 0005 - Carev Manson
The Assessor recommended reducing the value of this property
from ~ 139 ~ 900 to ~ 129 ~ X400 .
8. PID #13-117-24 33
34
34
34
34
34
34
34
43
43
43
The Assessor rec
property.
0036 -
0063
0015
0016
0042
0061
0064
0065
0055
0059
0065 - Balboa Minnesota Co,
ommended no change in the
9. PID #23-117-24 11 0031 - Westonka Estates
No action was taken on this property.
value of this
10. PID #25-117-24 12 0018, 0019 0020 - Neil Weber
The Assessor recommended reducing the value of PID (~25-117-
2~4 12 0018 from $19100 to 7.100. PID ~'s 25-117-24 12 0019
and 0020. no reduction was recommended.
11. PID #24-117-24 11 0002 - Grace Gordon
The Assessor recommended reducing the value of this property
from $128 000 to $121 .000 .
12. PID #19-117-23 21 0036 - John Dzik
The Assessor recommended reducing the value of this property
from X199.800 to 5192.000.
13. PID #24-117-24 24 0029 and 0030 - Ruth Gray
The Assessor recommended no change in the value of this
property.
14. PID #13-117-24 22 0112 and 0179 - Thomas Horton
The Assessor recommended no change in the value of this
property.
Peterson moved and Jessen seconded the following resolution:
RESOLUTION #85-69 RESOLUTION ADOPTING THE ENTIRE ASSESSMENT
ROLE AS PRESENTED AND CORRECTED
The vote was four in favor with Councilmem ber Paulsen abstaining
because he arrived late. Motion carried.
112
June 11, 1985
MOTION made by Councilmember Smith, seconded by Councilmember
Jensen to adjourn the Board of Review. The vote was
unanimously in favor. Motion carried.
The Mayor opened the regular Council Meeting at 7:30 P.M. anti
welcomed the people in attendance.
The following persons were present: Bill Dunkley, John Hubler,
Mark Donahoe, Sherri Winkelman, Ardell Ziebill, Phil & Eva Hasch,
Charlotte Sohns, Tom Sabin, Cherryl & Rich Lebra, Kim & Todd
Yilek, Bonnie Lanns, G. Michael Jackson, Fred & Pat Guttormson,
Rick Ro_ne, Gordon Swenson, Harlyn Crawi'ord, Scott & Christine
Brickley, Geoff & Robin Michael, Dwight & Irma Wood, Flo & John
Hurley, Audrey Evans, Suzanne & Steve Pauly, Dick & Connie Meyer,
Scott Panning, Gary Rocue, Bill Clark Cheryl Grand, Neil &
Audrey Froeming, Bernard Lister.
The Mayor then asked that an additional item be placed at the end
of the Agenda regarding the Continental Telephone rate increase.
He then stated he would like to give his reasons for this
addition. He stated:' "The statement about to be made is not
directed at any of the local people who work for Continental
Telephone Co. or live in the City of Mound. However, I find it
hard to envision the rational and the utter contem p Continental
Teelephone shows for the people of the Mound area and this
exchange by asking for a 28~ increase. If they had been granted
all the increases they have asked for in the last ten years, they
would have been given something around a 200 increase in rates.
I find it hard to believe that a handfull of corporate executives
and stockholders can show such utter contempt and greed for the
people with a Mound telephone exchange. We have one of the
highest rates per capita for telephone services in the entire
State. What they are doing is taking our money and subsidizing
the their out-state exchanges. I have asked Continental on a
number of occasions to look at Mound separately because of the
services we have and charge a fair and equitable rate witn a fair
and equitable return. They have ignored and continue to ignore
our pleas of them to treat us fairly and equitably. Therefore I
intend to ask the City Council for permission to write to the
Governor asking that either he or the State Legislature take
these facts into consideration and ask that Continental not be
able to serve this area."
MINUTES
The Minutes from the May 21, 1985, Regular Council Meeting were
presented for consideration.
Councilmember Smith stated that he would like some clarification
on Chapman Place which was added to the Agenda at the last
meeting. He stated he was not on the Council when Chapman~Place
was originally considered and therefore he could not compare the
original site plans with the three changes that were adopted. He
113
June 1 1 , 1985
quoted the Minutes of May 21, 1985, and the three items that were
adopted. He then stated that at the Planning Commission Meeting
on June 10th there was a question as to whether anything else was
amended at the Council Meeting, specifically the deletion of the
three story atrium from the plans and also the moving of the
heating and air conditioning units from one unit in the basement
to individual units in each condo. He stated he would like the
assurance of the Staff that only the three items discussed at the
last meeting were adopted and not the items brought up at the
Planning Commission. The Building Inspector stated that the
atrium was eliminated when the Council approved a 29 unit
building instead of the originally proposed 35 unit building in
Resolution X84-20~. The drawing that was attached to that
resolution was incorrect because it showed the atrium with 35
units and another drawing with the 29 units was never submitted
by the developer. The outside site plan that was attached to
that resolution was correct with only the 29 units. The atrium
was deleted when the Council originally approved Resolution ~~84-
20~l. Councilmember Smith then asked if the same was true of the
heating and air conditioning units. The Building Inspector
stated that there were no mechanical plans submitted when the
original approval was given. The plans dated May 15, 1985,
labeled A-1 and A-2, which include the 3 changes only as referred
to in the Minutes of the May 21, 1985, Meeting, are now
incorporated into the resolution.
MOTION made by Councilmember Paulsen, seconded by
Councilmember Peterson to approve the Minutes of the May 21,
1985, Regular Council Meeting, as submitted. The vote Was
unanimously in~favor. Motion carried.
MOTION made by Councilmember Jessen, seconded by
Councilmember Paulsen to approve the the Minutes of the May
28, 1985, Board of Review, as submitted. The vote Was
unanimously in favor. Motion carried.
The City Planner stated that there are really 2 issues to address
in this case. The Planning Commission dealt with both. One, is
that prior to considering the conditional use permit approval,
they had to interpret the zoning on whether it is considered a
minor or major repair facility. They voted 6 to 3 that it was a
minor repair facility. A minor repair facility is allowed in a
B-1 District with a Conditional Use Permit. The second issue is
that if it is found to be a minor repair facility, is it
appropriate for the downtown area. The Staff has some serious
reservations about allowing this facility in the downtown area
because of the present redevelopment efforts underway. Open
storage could be a problem and some of the other aspects of that
business.
114
June 11 , 1985
The Planning Commission did find that the use proposed is
appropriate until August 31, 1985.
The applicant, Steve Pauly, stated that the Planning Commission
spent alot of time trying to differentiate between the boat
business and the auto repair business and they tried to define
major or minor repair rather than trying to define what the
business is. The point he tried to make was whether or not this
type of business can be operated in the existing Tonka Building
with the potential of eventually moving directly across the
street from Bill Clark Oil where he would eventually like to
build a building. He was trying to get a feel for whether or not
he could move into the downtown area.
The Mayor opened the public hearing and asked if there was anyone
present who wished to speak in favor of or against the granting
of the Conditional Use Permit for 5542 Lynwood Blvd.
KIM YELIK, 4861 Edgewater Drive - delivered the following
statement: "W e, respectfully suggest that Mr. Pauly's
application for a Conditional Use Permit be denied, pending
his-written agreement to permanently cease illegal operations
on his rented property on Edgewater Drive. We feel this is
pertinent to the issue because, dispite his assurances at the
Planning Commission hearing, he has tied his Lynwood Blvd.
operation to his operation on Edgewater. Since Mr. Pauly
took over the boat rental on Edgewater: he has, on a daily
basis, continued to bring additional business and services
from his Lynwood operation to the Edgewater operation. Mr.
Pauly has continued to violate the ordinances set by the City
of Mound, defying your authority to make and enforce the
ordinances of our City. We have no problems with his
operating the boat rental as is, but we won't allow his other
business to move into our neighborhood. I have been in
contact with Mr. Elam, complaining about these violations of
the City's ordinances. If you wish to hear them I can
expound on the issue, but I do understand the time
limitations. We are just tired of him bulldozing his way in,
making our lives miserable. Some of the violations have
stopped since my conversation with Mr. Elam. Mr. Pauly knows
all too well how to go about starting a business here, yet he
did not take the proper .steps in either establishment. Mr.
Pauly has violated at least 10 of the City's ordinances, as
we understand them. We feel that granting this Conditional
Use Permit is establishing a dangerous precedent. That is,
allowing a business to start and continue operating illegally
until the City notices it. We will receive a signal from the
City Council that we may do as we please. You will be
telling us that the laws that you made are only worth the
paper they are w ritten on. The private citizen is fined for
building without a permit, usually improving the property and
raising taxes, yet a business is allowed to make money while
operating illegally and only receive a public reprimand
115
June 11 , 1985
from the City. W
you do grant him
remind Mr. Pauly
Thank you."
don't think that is fair. In closing, if
this permit we kindly request that you
that it is only for the Lynwood property.
Councilmember Paulsen asked Ms. Yi1ek to give an example of a
major complaint she has against Mr. Pauly. Ms. Yelik stated
that he is trailering his boats from Lynwood down Edgewater,
putting them in the lake, working on the engine. revving the
engine, speeding around the lake. pulling back in and working
on the engine some more, repeating the same all over again,
then pulling the boat out and leaving. He is parking
trailers and boats on the street, repairing boats, selling
gasoline, putting signs up and directly tying the business on
Lynwood with the business on Edgewater Drive.
The following persons spoke in favor of granting the Conditional
Use Permit to Mr. Pauly: Resident at 5540 Lynwood Blvd..
Christine Brickley (Mound Superette), Resident at 4413 Lafayette
(Spring Park), Fred Guttormson (C & R Manufacturing), John Huber
(5816 Grandview Blvd.), Rick Rone (3018 Bluff's Lane)> Richard
Meyer (Meyer's Mound Service). Phil Hasch (4810 Northern Road),
Bill Clark (Bill Clark Oil). William Brickley (Mound Superette).
Todd Yilek, 4861 Edgewater Drive - stated that he is worried
that we will have more boat repair shops in downtown if this
is granted a Permit.
The Mayor closed the public hearing and brought the matter back
to the City Council. He then stated that what the City Council
has to decide first is whether this operation is a major or minor
repair operation. In making a decision on the Planning Commission
recommendation, the Council must base their judgement on facts
and treat the applicant fairly and equitably based on those
facts.
Councilmember Paulsen asked Mr. Pauly to define major or minor
boat repair. Mr. Pauly stated that." the Planning Commission was
concerned about how things would look when people drove by. The
boat business cannot be compared with the car business. A boat
to be repaired is left to stand outside just like an automobile
but never takes on the characteristics of something that is fully
disassembled or being in chunks. As for what goes on inside a
building in repairing boats, it is difficult to say that a car
and boat end up to be the same thing because they are not". With
the existing building and property he can only store as many
boats inside as they can move around and also store only as many
outside as they have room for. They have no intention of causing
blight in the area. He stated he could not answer Councilmember
Paulsen's question on major or minor because it is a difficult
det'inition and it is very difficult to take that det'inition and
use it in a decision making process to determine whether or not
an engine which is partially disassembled as being the
116
June 11, 1985
determining factor as to whether or not you can operate a boat
repair business.
Mr. Pauly- stated that if a rod went out on an engine, the engine
would be removed from the boat and sent to Minneapolis for
repair, then returned and reinstalled in the boat. Most of
their repairs are fast turnover, within a few days of bringing
the boat in for the repair. Average turnover repair time is 7
days.
Councilmember Jessen stated that she has two concerns:
1. _M r. Pauly rented the old Tonka garage and moved in and
started working before asking for the proper permits.
2. He moved into a B-1 district. If he had moved into a B-2
district, it would have been better because she wonders
if there wouldn't be a better use for this site with the
new Town Square going in.
Mr. Pauly stated that the period of time that transpired from the
changing of ownership of Chaska Marine to this building was a
short, fast, painful situation and along with that came the
responsibility, on his part of 7 employees and their families who
left Chaska Marine and came with him. Consequently his moving
into the building was not done to blatently move into an area
that was not zoned correctly, but to find an interim place. He
stated that he does not believe that his moving into this
building has done anything to hinder the Town Square development,
if anything it has probably helped by making Mr. Bickmann move.
Mr. Pauly stated he now understands that the rules in Mound are
very different from w hat he was used to in Orono and Chaska. He
would just like permission to operate in this building until
August 31 , 1985.
Councilmember Peterson asked Mr. Pauly if the storage of the
boats outside the building is on his own property. Mr. Pauly
stated yes, to his knowledge. Councilmember Peterson stated he
is in favor of encouraging business to come to Mound, but there
is a need to plan out a good location for the future. He hopes
we can work this out.
Mr. Pauly stated that he hope eventually to build a building,
which would be an assset to Mound, on Mr. Bickmann's property
across from Bill Clark Oil and behind the new Town Square. This
site would be the correct size for his operation.
MOTION made by Councilmember Peterson. seconded by
Councilmember Paulsen to concur with the Planning Commission
recommendation to consider Blue Lagoon Marina. at 5542
Lynwood Blvd.. a minor boat repair business.
DISCUSSION: Councilmember Smith asked if Mr. Pauly is doing
any repairs on boats at Martin & Son. Mr. Pauly responded
that during the first two weeks they did 7 different repairs,
but he has ceased that activity and will not do any more
117
June 11 ~ 1985
until it is defined what repair he can do at Martin & Son and
whether they can repair boats on that site. That is a
different question and is not up tonight.
Councilmember Smith stated the Council will be monitoring the
operation if Mr.Pauley is permitted to operate in Mound
because of the complaints received from the residents on
Edgewater.
Mayor Polston asked if Mr. Pauly were granted a Conditional
use Permit tonight. w ould he use Martin & Son for testing
boats and repairing them. Mr. Pauley stated no. he would be
taking them to Surfside or Spring Park to test them and
because the building on Lynwood Blvd. is limited in size. a
23 ' boat w ould be the largest. Also the width of the garage
door (14~) limits the size. Mayor Polston stated that he
cannot support this motion because he feels engine
replacement is major repair not minor and that is not allowed
in the B-1 zone. If Mr. Pauly could find a place in the B-2
district it would be a different story.
Councilmember Paulsen stated he does not consider this a
major repair operation and feels cars and boats are
significantly different.
Councilmember Smith asked the City Attorney if granting this
Conditional Use Permit tonight and declaring it a minor
repair operation to last thru August of this year. would be
giving Mr. Pauly an argument to prevent the City from
declaring it an inappropriate use later. Meaning that it may
be appropriate now but if things change downtown it may be
inappropriate. The City Attorney stated that when the permit
expires you can take a look at the surrounding area to see if
the surrounding area has changed and it could be declared an
inappropriate use.
The City Manager stated that Mr. Pauly's long-term goal is to
have this business adjacent to Town Square (behind on the
corner of Belmont and Lynwood) so the only change would be
Town Square's development because Bill Clark Oil is across
the street and Contel has their garage on the other corner
and they have not indicated any plans to move.
Councilmember Peterson asked if Mr. Pauly intended to do auto
repair. Mr. Pauly stated no.
Mr. Hasch stated that the previous use allowed semi-trucks in
the building to be overhauled which he feels is major. Boats
to him would be minor repair.
A roll call vote on the above motion was 3 in favor with
Jessen and Polston voting nay. Motion carried.
118
June 71. 1985
Peterson moved and Jessen seconded the following resolution:
RESOLUTION X85-70 RESOLUTION TO CONCUR itITH THE PLANNING
COMMISSION AND APPROVE A CONDITIONAL USE
PERMIT FOR STEYE PAULY, DBA BLUE LAGOON
MARINA, 552 LYNWOOD BLVD. UNTIL AUGUST
31, 1985, iiITH CONDITIONS
Conditions listed below:
1. No boat repair or showing (testing) of boats at
Martin & Son on Edgewater Drive.
2. That this use is appropriate in the present downtown
area. but there is a pending change for downtown and
that may change the appropriateness of this business
in the downtown area.
3. No auto repair.
~. No blocking of the road with boats.
The City Manager stated that with Town Square still in
negotiations and a notice to vacate at least 90 days from
when negotiations are completed. he sees this coming back to
the Council for renewal. This may cause a 2 month overlap
between the time the building is torn down and when Mr. Pauly
could conceivably have plans and approval for a new building.
He then asked Mr. Pauly what he intended to do with the
business during the two month overlap.
Mr. Pauly stated that he is using tonight as an indicator
for whether he.should proceed with plans for a new building
in Mound for this boat business. He feels he has received a
positive answer to his question. If the building is not done
and the Bickmann building were to come down. he does have an
alternative site.
Mayor Polston stated that he would like the record to show
that if when Mr. Pauly comes before the Council again for
renewal or issuance of a new Conditional Use Permit and the
Council feels that the business is an inappropriate use at
that tim e that he does have an alternative site to move the
business.
Councilmember Paulsen asked the City Attorney if Mr. Pauly
comes before the Council again to either extend the
Conditional Use Permit or wants a new one. can the Council
add conditions? The City replied, yes.
Councilmem ber Paulsen asked what chemicals the applicant
would be using. Mr. Pauly stated some spray paints acetone
toilet bowl cleaner. He assured the Council there would be
no major spray painting.
A roll call voted on Resolution ~~85-69 was unanimously in favor.
Motion carried.
119
June 11. 1985
The City Manager explained that Mr. Pauly has also asked for a
sign variance for a directional sign on railroad property (the
former site of the Martin & Son sign) at the East entrance to
Mound. The Planning Commission recommended approval.
Paulsen moved and Peterson seconded the following resolution:
RESOLUTION #85-71 RESOLUTION TO CONCUR W ITH THE PLANNING
COMMISSION RECOMMENDATION TO APPROVE A
SIGN VARIANCE FOR STEVE PAULY AT THE
RAILROAD PROPERTY AT THE EAST ENTRANCE TO
HOUND ON THE NORTH SIDE OF SHORELINE
BLVD., PID #13-117-24 ~~ 0088
The vote was unanimously in favor. Motion carried.
PUBLIC HEARINGy TO CONSIDER ISSUANCE OF OFF SALE BEER LICENSE
FOR CHRISTINE ~ WILLIAM BRICKLEY, DBA HOUND
SUPERETTE, 2222 COMMERCE BLVD.
The Mayor opened the public hearing and asked if there was anyone
present who wished to speak in favor of or against this item. No
one responded. The Mayor closed the public hearing.
MOTION made by Councilmember Smith. seconded by Councilmember
Paulsen to authorize the issuance of an Off Sale Bee License
to Christine and William Brickley, dba Mound Superette, 2222
Commerce Blvd. starting July 1 , 1985. The vote was
unanimously in favor. Motion carried.
CIGARETTE LICENSE - MOUND SUPERETTE
MOTION made by Councilmember Smith, seconded by Councilmember
Paulsen to authorize the issuance of a Cigarette License to
Christine ~ William Brickley, dba Mound Superette, 2222
Commerce Blvd. The vote was unanimously in favor. Motion
carried.
PUBLIC HEARING: TO CONSIDER REALLOCATING UP TO 510.000 OF CDBG
FUNDS FROM PROJECT #754 (TONKA PLANT REUSE) TO
A NEW PROPOSED PROJECT DOWNTOWN BEAUTIFIGATION
The City Manager explained that if these funds are not used by
June 30 ~ 1 985. they will be lost so he and Hennepin County have
put together a minimal downtown beautification plan. i.e. park
benches, trees, etc.
The Mayor opened the public hearing and asked if there was anyone
present who wished to speak in favor of or against this proposed
reallocation. There were no comments. The Mayor closed the
public hearing..
120
June 11, 1985
Peterson moved and Jessen seconded the following resolution:
RESOLUTION #85-T2 RESOLUTION REALLOCATING YEAR IX HOUND/
HENNEPIN COUNTY COMHUNITY DEVELOPMENT
FUNDS
Councilmember Jessen asked if part of this money could be
used to screen off the City~s Lost Lake storage area along
County Road 15 in downtow n Mound. The City Manager thought
this would be permissable.
Councilmember Smith urged that no parking spaces be taken
away from downtown to plant trees.
The vote on Resolution X85-72 was unanimously in favor. Motion
carried.
CONTINENTAL TELEPHONE RATE INCREASE ISSUE
The Mayor reiterated his feelings as expressed at the beginning
of the meeting.
An unidentified woman stated she is a 7 year resident and is
tired of the outrageous phone bills and poor service. She
suggested closing Contel down and having another phone
company come in.
TODD YILEK, 4861 Edgewater Drive, stated that in comparing
his bills with bills of Northwestern Bell customers, Contel
is charging over $180.00 per year more. He was in favor of
reducing the rates.
KIM YILEK, 4861 Edgewater Drive, stated that they have a
private line and are constantly in four way conversations
with someone on the Island.
JOHN HUBLER, 5816 Grandview Blvd., state he is a contractor
and is against the rate increase because we are already
paying too much. He suggested finding a way to get rid of
Contel. He asked the following questions: Who do we contact
to get rid of Contel; are we at Contel's mercy because of
geographies? He suggested harrassing the phone company by
calling about every little problem you have with the phones.
ELLEN SCHOELER, asked if there has been any progress with
getting other towns in the Contel system to join in our
fight. ,The City Manager stated no, because the only
exchanges affected by the high rates are the Metro cities.
The City Attorney gave the history of Mound interventions in the
rate cases before the Public Utilities Commission. He stated
Contel has been asked numerous times for the breakout of line
access charges and extended area service (EAS) charges. They
121
June 1 1 , 1985
have never given us an answer so you still do not know haw much
you are paying for these items. You are also not given the
opportunity to decide if you want EAS individually. it is
provided like it or not. There are 5 metro area exchanges. He
then pointed out to the public that they should call or write the
Public Utilities Commission and attend the public hearing on
September 12, 1985. that the PUC will be holding in Mound. The
thing the citizens have to point out to the PUC is that they are
being discriminated against unfairly being metro versus being in
a rural area.
The Mayor pointed out that the City spent $20,000 for the last
intervention and we still haven't gotten the total credit back.
The question is, do the citizens (taxpayers) of Mound want the
City Council to spent your money fighting the rate increase of
Contel? He also pointed out that the only way the City of Mound
can forever keep Contel from raising our rates is to convince the
State Legislature to decertify them, but that also causes some
other problems because Northwestern Bell just cannot come in and
take over due to the fact that it is a regulated monopoly.
The Mayor stated that at a time when everyone is being asked to
cut back on everything, he cannot understand how Contel can ask
for another huge rate increase.
The Mayor suggested putting a questionairre in the local
newspaper asking if the people support the City in using tax
dollars to enter into another intervention. He also encouraged
any citizens who wished, to form a Citizen's Committee to collect
donations for this interventions.
Cheryl Grand, Public Relations person for Contel, stated that she
is not here to debate the proposed rate increase, but rather to
urge all those who are having problems with their phones to call
Contel and they will rectify their problems. Also she invited
everyone who is interested to come to the Contel office and read
the rate increase proposal.
NOTION Was made by Councilmember Peterson. seconded by
Councilmember Paulsen to ask the City Attorney to develop a
report for them outlining the various options. possible costs
and the steps and strategies involved in another interven-
tion. The vote Was unanimously in favor. Motion carried.
COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if there was anyone present who wished to make a
comment or suggestion to the City Council at this time. No one
responded.
APPROVAL & ACCEPTANCE OF 198~f CITY ANNUAL FINANCIAL REPORT
The City Manager stated that the 1984 Annual Financial Report is
122
June 11. 1985
now completed and Finance Director Sharon Legg was present to
answer any questions.
The Council complimented Sharon for the fine job.
Paulsen moved and Jensen seconded the following resolution:
RESOLUTION #85-73 RESOLUTION ACCEPTING AND APPROVING THE
AUDIT AND FINANCIAL REPORT FOR 1984
The vote was unanimously in favor. Motion carried.
STORM SEWER PIPE - CAMBRIDGE LANE
The City Manager explained that this is a left over from the
1980 street project. At the time the streets were done the
an easement could not be obtained to do this part of the storm
sewer. Now ownership of that property has changed and the pipe
has collapsed. This project would be paid for our of the 1980
Street Project. The City Engineer has obtained three quotations
for the installation. They are as follows:
F. F. Jedlicki, Inc. $6,620.00
QRS, Inc. $7,260.00
Volk Trucking & Excavating 55,088.60
Widmer, Inc. 55,500.00
The Staff is recommending the Volk Trucking & Excavating be
approved with the low bid of 55,088.60.
NOTION made .by Councilmember Paulsen. seconded by
Councilmember Peterson to approve the loW quotation of Volk
Trucking & Excavating. Inc. in the amount of 15.088.60. for
the installation of the Cambridge Road storm sealer. The vote
etas unanimously in favor. Notion carried.
RECONVEYING CERTAIN PORTIONS OF BLOCKS 10 ~ 11. WHIPPLE BACK TO
THE STATE ~ REQUESTING THE COUNTY BOARD SELL THESE LANDS TO THE
CITY OF MOUND
The City Manager explained that this is the next step to allow
Mr. Neil Weber access to Blocks 15 and 16 W Nipple. We would
purchase certain portions of Blocks 10 and 11. Whipple and then
resell them to Mr. Weber so he will have access to his property
and can then subdivide.
Peterson moved-and Jensen seconded the following resolution:
RESOLUTION #85-74 RESOLUTION RECONYEYING PORTIONS OF CERTAIN
TAX FORFEIT LANDS BACK TO THE STATE AND
REQUESTING THE COUNTY BOARD SELL THESE
LANDS TO THE CITY OF NOUND
The vote was unanimously in favor. Motion carried.
123
June 11, 1985
NOTICE OF YARIANCE__HEARING ON COUNTY_ROAD
The City Manager reminded the Council that the State Highway
Dept. will hold a variance hearing on the County Road 15 project
on Friday, June 1~4, 1985, at 9:20 A.M. at 'the State
Transportation Building in St. Paul.
CONTINUATION OF TAPING FOR CABLE T.V.
The City Manager stated this is the fourth meeting that was
approved to be on Cable T.V. and now the proposal is being
resubmitted. He explained that the money for payment of taping
the Council Meetings, etc. comes from the Franchise Fee that Dow-
Sat Minnesota pays to the City each year. That Franchise Fee was
earmarked for public access. The cable company pays for all the
equipment and all the City pays for is the time a person spends
filming and editing and the tapes used. The $2,600 would cover
the rest of the 1985's Council Meetings and various other
projects as listed in the proposal.
MOTION made by Councilmember Smith. seconded by Councilmember
Paulsen to authorize payment of up to #2:600 at #5.50 per
hour. plus tapes. for the taping of City Council Meetings and
other various projects that are proposed on page 139 of the
Council Packet for the remainder of 1985. The Council will
review at various times and retain the right to cancel at any
point. The vote was unanimously in favor. Motion carried.
AMENDMENT TO SECTION 26.01 OF THE CITY CODE
Paulsen moved and Jessen seconded the following:
ORDINANCE X478 ORDINANCE AMENDING SECTION 26.01 OF THE CITY
CODE ADOPTING THE UPDATED MINNESOTA STATE
BUILDING CODE; PROVIDING FOR IT'S
ADMINISTRATION AND ENFORCEMENT; REGULATING
THE ERECTION, CONSTRUCTION, ENLARGEMENT,
ALTERATION, REPAIR, MOVING REMOVAL,
DEMOLITION. CONVERSION, OCCUPANCY, EQUIPMENT,
USE. HEIGHT. AREA. AND MAINTENANCE OF ALL
BUILDINGS AND/OR STRUCTURES
The vote was unanimously in favor. Motion carried.
NO PARKING SIGNS FOR NORTHERN ROAD
The City Manager reported that the Police Department has
recommended amending the parking ordinance to add no parking
signs on Northern Road at Sandy Land, and at Northern Road and
Edgewater Drive on the south side of the street. They feel
this will eliminate the bottle-neck that is caused by people
parking on the short curved area of Northern Road.
124
June 11 , 1985
Jessen moved and Smith seconded the following:
ORDINANCE #479 AN ORDINANCE AMENDING SECTION 46.29,
SUBDIVISION (c) OF THE CITY CODE BY ADDING
13, BELAYING TO PARKING
The vote was unanimously in favor. Motion carried.
RESUBMITTED LEASE FOR CITY_TQ__ST9RE EQUIPMENT IN TE
The City Manager explained that apparently when this lease was
originally submitted, Balboa's attorney had not shown it to them.
We now have it back from Balboa and some of the items changed.
Specifically Section 9, which would give Balboa the right to
tell the City who it can have for legal counsel in case of any
legal action and the City would pay all legal costs. The Council
agreed this Section would have to be deleted before it could be
approved.
No action was taken on this item.
AMENDING PURCHASE AGREEMENT ON BAKERY BUILDING - LYNT~TOOD BLVD.
IMPROVEMENT PROJECT
The City Manager explained that we have received an amended
Purchase Agreement for the Bakery Building. The changes are that
Mr. Johnson will not receive rent on the building after the City
purchases it and cannot salvage personal property after the
building is sold to the City. Also amended was the price. It
was increased from $84,500.00 to $85,050.00.
Peterson moved and Jessen seconded the following resolution:
RESOLUTION #85-75 RESOLUTION AMENDING THE PURCHASE AGREEMENT
FOR THE BAKERY BUILDING, LYNi~TOOD BLVD.
STREET IMPROVEMENT
The vote was unanimously in favor. Motion carried.
The bills were presented for consideration.
NOTION made by Councilmember Paulsen, seconded by
Councilmember Peterson to approve the payment of bills as
presented on the pre-list in the amount of $127,097.83, when
funds are available. A roll call vote was unanimously in
favor. Motion carried.
125
MISCELLANEOUS/INFORMATION
A. Letter from City Engineer regarding League of Minnesota
Cities Conference.
B. Update and resolution of Bartlett Blvd. frost boils.
C. Update letter from City Attorney on Dance Hall Permits.
D. News clipping from Mpls. Tribune regarding water.
E. Continental Telephone filing before the Public Utilities
Commission.
F. Mound "City Days" update.
G. Announcement on Met Council Chairman's Meeting - June 25.
1985.
H. Letter from Hennepin County regarding composting.
I. Proposed amendments to the League of Cities Constitution.
J. Met Council Review - May 24. 1985.
K. American Legion Gambling Report.- May 1985.
L. List of Government Training Services Programs.
M. Waste-Line Newsletter - May
N. Letter from Congressman Sikorski.
0. Invitation to hospitality suite - League of Minnesota Cities
Convention.
MOTION made by Councilmember Paulsen. seconded by
Councilmember Jessen to adjourn at 10:5 P.M. The vote was
unanimously in favor. Motion carried.
G~~
J n Elam. City Manager
~- ~,.,..~ 9:~.
Fran Clark. City Clerk
BILLS-------JUNE 11, 1985
Batch 854054----Computer run dated 5/3i/85
Batch 854055----Computer run dated 5/07/85
Batch 854062----Listed below
TOTAL BILLS
Air Comm June radio contract
Internatl Inst Mun Clk Memb thru June '86
Burlington Northern Lease thru 6/15
ICMA Dues thru June 86
Metro Fine June pager rent
Pitney Bowes Postg meter rent
Satellite Ind June Serv
Suburban Community Znd Q tr serv
Saliterman LTD June liq store rent
Westonka Public Schl Wtonk a Senr center
Xerox June pymts-Xerox
Assn Metro Munic 85-86 Dues.
Mound Fire Relief June pension
Wurst Pearson June retainer
Med Center Health June hosp
Gayle Burns- milea ge
164.00
60.00
533.33
266.03
35.40
59.25
240.00
943.25
1,070.63
4,500.00
253.19
1,715.00
3,327.50
1,400.00
153.13
25.76
27,o83.9t
85,267.45
14,746.47
127,097.83