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1985-11-26MINUTES REGULAR COUNCIL MEETING NOVEMBER. 26, 1985 231 The City Council of Mound,~Hennepin County; Minnesota, met in regular session on November 26, 1985, at 8:17 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen, Gary Paulsen, Russ Peterson and Steve Smith. Also present were: Acting City Manager Fran Clark, Acting City Clerk Linda Strong, City Attorneys -Curt Pearson and Jim Larson, City Engineer John Cameron, City Planner Mark Koegler, City Building Inspector Jan Bertrand, City Finance Director John Norman. Interested citizens present were: Jim Nordby, George Hoed- emen, Audry Evans, Derich Dahlen, Mike and .Debra Netka, Beatrice Reistad, ' Cheryl Grand, Martin Weinstein, Charles DeSanto, Harlan 8rue and Tony VanDerSteeg. • Prior to the regular City Council meeting,~an executive Council meeting` •. • was held to discuss several items of litigation. Mayor Polston opened the meeting and welcomed those present. MINUTES • The minutes of the November 12, 1985, regular meeting wer-e presented for __ approval. There were two changes to be made; the motion made by Council- - member Paulsen to approve-the amount of $7440.00 to prepare for a new Public Works Building referendum was seconded by Councilmember Peterson. On page 3134 of the minutes, in.the paragraph pretaining to the Lost Lake Site, it was Mr. Hook, who argued the 40 year Taw. MOTION made by Councilmember Paulsen and seconded by Councilmember Peterson to adopt the minutes for November 12, 1985, as amended. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS FOR NOVEMBER The Acting City Manager stated the total. dollar amount now due was $1338.11. The Mayor opened the Public Hearing, asking if there was anyone present who would like to comment on the delinquent water bills. There were no comments. The Mayor closed the Public Hearing. Councilmember Paulsen moved and Councilmember Peterson seconded the following resolution: RESOLUTION X85-147 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS •IN THE AMOUNT OF $1338.11 AND AUTHOR- IZING THE STAFF TO SHUT OFF WATER SERVICE FOR THOSE ACCOUNTS. The vote was unanimously in favor. Resolution passed. 232 CONTINUATION OF PUBLIC HEARING: CONTEL November 26, 1985 Mr. Deric k Dahlen, City Consultant on Contel, presented the results of his study, covering the following items: Scope of Work -'Reviewed Continental's 1984 report to Department of Public Service - Reviewed Continental's filing for General Rate Case - Reviewed Continental's-filing for Change in Carrier Access Rates Objectives -.Estimate Purchase Price - Estimate Operating Cost _ - Estimate Revenues - Preliminary evaluation of potential fo.r rate reduction At the completion of his report, Mr."Dahlen presented his Conclusions and Recommendations on the Acquisition of Continental Telephone Property in Mound: - - •Rates in Mound exceed cost by a wide margin - A Separate Telephone Company in Mound could lower rates ..Approximately $500,000 per year _- ..Approximately $8.70 per line per month _ _ - Mound should continue to pursue establishing a separate telephone operation ..Purchase of Continental Facilities ..Construct New Facilities Councilmember Peterson stated that the report substantiates what people believed, and feels the Council should study these findings further. Councilmember Peterson moved and Mayor Polston seconded the following motion: MOTION to get answers to the following questions regarding Contel's rates, or the City acquiring the phone system, or the construction of a new independent phone system, or other alternatives, and refer these to the City Staff for further study and recommendations. The vote was unanimously in favor. Motion carried. Councilmember Peterson stated the City must clearly understand the legal, financial, engineering and operating questions which are involved in the operation of a City Telephone System. Mr. Charles DeSanto, President of Contel of Minnesota, came before the Council and discussed the study done by Mr. Dahlen. Mr DeSanto did not agree with all of the figures Mr. Dahlen quoted in his report. November 26, 1985 233 There was discussion between Mr. DeSanto, Mr. Dahlen and the Council about revenues and expenditures of Contel. Mayor Polston thanked Mr. DeSanto for his comments and he agreed that many. of the issues presented here were issues the Council wishes to _ approach very prudently and carefully because the Council wants the people of Mound to understand all of the ramifications. Mayor Polston closed the Public Hearing regarding Contel. CONSIDERATION OF OPERATIONS PERMIT: GUSTAFSON~~ ASSOCIATES, for the Establishment of a Wholesale Motor Vehicle Dealer Office at 5340 Shoreline Blvd. City Planner Mark Koegler, briefly informed the Council on this. Mr. ~~ ' Gustafson is seeking an office-for himself in the Balboa Building. .The _ business venture does not involve the storage of any motor vehicles on the property. Mr. Gustafson buys and sells cars wholesale from dealer to dealer. Councilmember Peterson moved and Counciimember~Paulsen seconded the following resolution:. ~ ~ ~ _ RESOLUTION #85-148 RESOLUTION AUTHORIZING AN OPERATIONS PERMIT FOR THE ESTABLISHMENT OF A WHOLESALE MOTOR ' VEHICLE HEALER OFFICE BY GUSTAFSON ~ ASSOCIATES, INC., IN THE TONKAWEST BUSINESS CENTER AT 5340 SHORELINE BOULEVARD. _ The vote was unanimously in favor. Resolution passed. CASE #85-449: RICHARD J. ~ JOAN AHMANN, 2017 ARBOR LANE, LOT 3, SKARP ~ LINDQUIST`S RAVENSIJOOD. ' REQUEST: Variance to Recognize an Existing Nonconforming Setback fora 5 Foot Front Yard Setback Variance. The Acting City Manager stated that the Planning Commission recommends Council approval. Councilmember Jessen moved and Counciimember Peterson seconded the ;. following resolution: RESOLUTION #85-149 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SETBACK AND TO AMEND RESOLUTION N0. 85-79 FOR LOT 3, SKARP i; LIND- QUIST`S REVENSWOOD PID #13-117-24-41 0002 (2017 ARBOR LANE) The vote was unanimously in favor. Resolution passed. 234 November 26, 1885 CASE #85-450: MIKE NETKA, 4949 ISLAND VIEW DRIVE., LOT 3, BLOCK 23, • DEVON. REQUEST: Recognize Existing Setbacks ~ Lot Size to do structural Repairs :Add a 2nd Story. • The Acting City Manager stated that the Planning Commission recommends Council approval. Councilmember Peterson made and Councilmember Smith seconded the following resolution: RESOLUTION #85-150 RESOLUTION TO APPROVE A VARIANCE TO RECOGN{ZE AN EXISTING NONCONFORMING SETBACK AND NON- CONFORMING LOT FOR LOT 3, BLOCK 23, DEVON PID #25-117-24 12.0002, 4949, ISLAND VIEW DRIVE The vote was unanimously in favor. Resolution passed. REQUEST FOR FINAL PLAT APPROVAL - PORT HARRISON TOWNHOMES Building Inspector Jan Bertrand, mentioned a correction on item•#7.. page 3166, it should read"Furnish an approved...". Also a change in. the original Conditional Use Permit, the as built survey has come in with the side yard setback on•the north lot line to be_17.4 feet to the north lot line, instead of 23.4 ft. Entrances to the building_~ave also been revised. Councilmember Paulsen moved and Councilmember Peterson seconded the .following resolution: RESOLUTION #85-151 RESOLUTION TO APPROVE THE FINAL PLAT OF PORT HARRISON SUBDIVISION AS AMENDED The vote was unanimously in favor. Resolution passed. UPDATE FROM ANTHONY VANDERSTEEG - GRADING ~ LAND RECLAMATION PERMIT The Acting City Manager stated that Mr. VanDerSteeg has accomplished the following: • 1. Covered the concrete control structure on the back of the property. • 2. Has contacted 2 people who want to harvest the wood from the area. 3. Has contacted 2 or 3 of the companies that dumped the illegal material and is working to get them to remove it. 4. Will remove some of the material himself. His timetable on this is approximately six months. The Acting City Manager also reminded Tony that he still has to get a permit from the Minnehaha Creek Watershed District and have the soil boring done. Councilmember Peterson moved and Councilmember Paulsen seconded the following resolution: November 26, 1985 235 RESOLUTION #85-152 RESOLUTION TO SUSPEND THE GRADING AtdD LAND RECLAMATION PERMIT OF ANTHONY VANDERSTEEG 1861 COMMERCE BLVD. The vote was unanimously in favor. Resolution passed. COMMENTS AND SUGGESTIONS FROM CITIZENS-PRESENT Mayor Polston asked if there were any comments and/or suggestions 'from citizens present. There were none. . COUNCiLMEMBER.SMtTH'S REQUEST TO REALLOCATE MONEY IN THE COUNCIL BUDGET TO THE FINANCE BUDGET TO KEEP CITY HALL OPEN ON TUESDAY EVENINGS IN 19 6 PROPOSE TRANSF.ERR{NG 1500.00 OF THE $39 2.00 BACK INTO THE FINANCE BUDGET There was much positive discussion on this, with the Council in,agreement, that the Office should be kept open on Tuesday evenings. Councilmember Paulsen felt a count should be kept of people using this,service~ Also, Council felt the evening hours should be advertised so people are aware..that _ City Hall is open until 7:30 Pt1 on Tuesdays. - -.- Councilmember Smith moved and Councilmember Jessen seconded the following . ~- resolution: RESOLUTION #85-153 RESOLUTION REALLOCATING FUNDS FROM THE COUNCIL BUDGET TO THE FINANCE BUDGET. The vote. was unanimously in favor. Resolution passed. APPROVAL OF PUBLIC SERVICE AGREEMENTS WITH: A. Suburban Community Services B. Westonka Community Services Department for Westonka Senior Center C. Westonka Intervention Project The Acting City Manager stated that these were contracts written by Hennepin County with the agencies that we reallocated CDBG Funds to at the last meeting. These contracts are a requirement of HUD. ,, MOTION made by Councilmember Paulsen and seconded by Councilmember Peterson to authorize the Mayor and City Manager to execute the three contracts. The vote was unanimously in favor. Motion carried. 236 November 26, 1985 ORDINANCE AMENDMENT TO CHAPTER 17-A - RELATING TO-CABLE T.V. RATE INCREASE Dow-Sat of Minnesota will be raising its rates 5~ effective December 1, 1985. The Acting City Manager stated that the City's rate regulatory authority hes been severely limited by the passage of the Cable Communications Act of 1984. The City's Cable Attorney has recommended that the Council amend its ordinance to reflect the 5~ rate increase, by changing Exhibit A in Chapter 17-A. Councilmember Peterson made and Councilmember Paulsen seconded .the following ordinance: ~ ' ORDINANCE #485 AN ORDINANCE AMENDING CHAPTER 17-A OF THE CITY CODE~RE.LATING TO CABLE T.V. RATES. The vote was unanimously in~favor. Ordinance amended. APPROVAL OF REQUEST FOR $25,000 IN ADDITIONAL MAINTENANCE FUNDS FROM M.S.A. City~Engineer-John Cameron explained this issue. State aid regulations require that the City pass a resolution requesting additional maintenance funds if more than the minimum is needed.' Due to the reduced interest payment. each y.ear,~the request of $25,000 is $9000 under the 1985 allotment. This is money in Mound's M.S.A. construction fund. Peterson made and Jessen seconded the following resolution: RESOLUTION #85-154 RESOLUTION REQUESTING AN INCREASE IN M.S.A. MAINTENANCE-FUNDS DUE TO INCREASED MAINTENANCE COSTS ON~~CITY OF MOUND M.S.A. STREETS The vote was unanimously in favor. Resolution passed. RESCHEDULE MEETINGS FOR DECEMBER: Would have been December 10 and 24. Change to December 10 and December 17.. MOTION made by Councilmember Peterson and seconded by Councilmember Smith~to change the December meetings to December 10 and 17. The vote was unanimously in favor. Motion carried. APPROVAL TO JOIN EMPLOYEE RIGHT TO KNOW SERVICE City Attorney Curt Pearson explained this item to the Council. He recommended that the City join, as~it provides City employees with training on the handling of hazardous substances and would be help to the City complying with the requirements of the Employee Right to Know Act. 237 November 26, 1985 Should an injury occur and employee was not informed on hazardous substances, there could be court action. The Acting City Manager stated that people in Public Works, Police and Parks would be involved. The cost is about $225.00. MOTION made by Councilmember Paulsen and seconded by Councilmember Smith to join the League of Minnesota Cities Employee Right to Know Service. ~ ' The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS . The. bills were presented for consideration. Councilmember Paulsen moved and Councilmember Jessen seconded the following motion: MOTION TO APPROVE THE PAYMENT OF BILLS AS•PRESENTED ON THE PRE- LIST IN THE AMOUNT OF $96,948.81, WHEN FUNDS ARE AVAILABLE A roll call vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING: Langdon Lake Water Ski School Councilmember Jessen. moved and Councilmember Peterson seconded the following motion: M07i0N to set Public Hearing on December 17, 1985, regarding the issuance of a Conditional Use Permit for the Operation of a Water Ski School at 2627 Commerce Boulevard on Lake Langdon The vote was unanimously in favor. Motion carried. The staff will research this issue prior to Public Hearing to see if there is an ordinance regulating speed or power boats on Lake Langdon HAZgRDOUS.BUILDING - 1721 DOVE LANE The City Attorney stated that the Council should consider an item discussed in Executive Session pertaining to a lawsuit and the court ruling that has been issued. Councilmember Smith moved and Councilmember Jessen seconded the following: MOTION that an appeal be ordered on the case of the hazardous and ' substandard structure located at 1721 Dove Lane, Mound, MN. The following was discussion on the subject. Councilmember Paulsen stated that he understood that not to appeal could set a precedent, but to appeal and lose could . set a precedent that would be far reaching to Mound. ' 238 November 26, 1985 Councilmember Peterson stated that he could not support the appeal because this is a unique case and different from any others. It is a problem and will remain a problem and by appealing it maybe someone could explain how-that will solve the problem, but we still have a house that needs to be taken down on an undersized lot. The question is how to best bring this about and based on what he knows, rather than spend more money on legal expenses, we should condemn the property and negotiate the value. The City Attorney. stated that he did not think is had the onerous connotations-that the Council is getting at. He further explained that the Council grants variances almost every meeting and the reason is that the City of Mound is very unique because the platting, done years ago, was in 40 x 80 foot lots which has caused a tremendous number of problems. . Councilmember Jessen stated that upon the Planning Commission's recommendation, variances are considered individually. She stated that she does not want to see the City`s. ability to say when a home is substandard and needs to come down impaired. Councilmember Peterson agreed with Counciimember Jessen,~but stated that the question is whether. the City has to reimburse the owner, who in this case has reduced_ the property value after the house comes down. Councilmember Smith stated that he did not feel that compensation was the issue, as evidenced by .several of the options the judge gave the City. He further stated that maybe the judge thought that was ,the issue and maybe he was wrong. Mayor Polston stated that his problem with this is that the judge is legislating which is the Council's duty not the judges. The City Attorney explained that the judge has granted the City's request to have the hazardous building removed, but once removed it takes away from the value of the property. Therefore, the court is saying to the Council that it has alternatives which are as follows: 1. The City does not have to make him remove the building. It can let him fix it up by granting him a variance for an undersized lot. OR 2. The City can grant him a variance for the undersized lot and allow him to build a new house which would meet code. OR 3. The City can condemn the property and pay for it, which would include all court costs, attorney fees, etc. Councilmember Smith called the question. A roll call vote was 3 in favor with Councilmembers Paulsen and Peterson voting nay. Motion carried. • November ~E;9 1985 DEFER PAYMENT OF OVERTIME The Acting City Manager mentioned an article contained in Councii Packet regarding FLSA and a law that President Reagan signed on Nov. i3, 1985. City Attorney Curt Pearson'sai•d it was too soon to interpret a law that was just written. Mayor Polston asked the attorneys and The Acting City Manager to research and give the Council an update at the December 10 meeting. INFORMATION/MISCELLANEOUS A. Planning Commission Minutes from November 18, 1985 B. Update on Lost Lake Land Registration Case C. F.L.S.A. Information •'D. List of Appointments from Hennepin County which will expire in 1986- . E. Notice of Receipt of Draft of "Hennepin County Solid Waste Master Plan" F. Letter from Arne Carlson, State Auditor on State Revenue Shortfalls • G. School District Minutes from 10-15-85 and 10-22-85 :• • H. Response to Met Council Task Force on Lake Minnetonka • t. Report on Fiscal Disparities from the Met Council J. A~Presentation from Met Council Chair on Solid Waste Management MOTION•MADE BY COUNCILMEMBER JESSEN AND~SECONDED BY COUNCILMEM6ER PAULSEN TO ADJOURN THE MEETING. The vote was unanimously in favor. Meeting adjourned at 9:39 PM Fran Clark, Acting City Manager Lin a Strong, Acting. ity Clerk BILLS-----NOVEMBER 26, 1985 Batch 854117_-----Computer run dated 11/21/85 42,613.40 Batch 854111-----Listed below 54,335.41 Total Bills 96,948.81 Griggs, Cooper ~ Co. Liquor ~ Wine 1,309.71 Johnson Bros Whl Liq " 094.43 2 Ed Phillips ~ Sons , 1,900.87 Quality Wine 1 497.61 Group Health Plan Nov hose prem , 144.35 Med Center Health " 134.30 Physicians Health 5,594.95 Mutual Benefit Life Nov LTD 569.60 Caterpillar Tractor Fire manuals 18.00 IIMC Certification 65.00 D J'S Sand & Gravel black dirt 142.50 MWCC Nov sewer charge 25,054.47 MN UC Fund UC-Lang, Polley 1,400.37 Western Life Ins Nov life ins 22.02 Griggs, Cooper Liquor ~ Wine 1,553.56 Johnson Bros Liq. " " 2,136.81 Quality Wine " " 1,395.48 Ed Phillips 813.76 Bill Clark Oil Oil 205.97 Physicians Health Hosp-alerts 75.00 Theresa Rothschild depot deposit refund 100.00 Travelers Ins Nov dental prem 769.36 Mound Fire Relief Nov fire relief 3,327.50 Wurst, Pearson Nov retainer 1,400.00 Joyce Nelson Wtr school,mtg exp 16.78 John Norman Conv exp 67.84 Stephen Grand travel exp 38.14 GFB Trucking Chains, binders 100.00 Gerald Babb Conv registration 80.00 Mound Postmaster postage for meter cards 122.52 Xerox Corp Dry i nk 207.90 Bill Clark Oil gasoline 1,976.61