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