1991-04-23 71
April 23, 1991
MINUTES - MOUND CITY COUNCIL - APRIL 23, 1991
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, April 23, 1991, in the Council
Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Skip Johnson, Councilmembers Andrea
Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present
were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark,
Attorney Curt Pearson, City Engineer John Cameron, City Planner
Mark Koegler, Building Official Jon Sutherland, Finance Director
John Norman and the following interested citizens: Oswin Pflug,
Michael Mueller, Janet Anderson, Amy Armstrong, Dale Anderson,
Jon Severson, Shelley Dorion, Jon Holcombe, Doug Stark, Dan
Andersen, Sue Andersen, Randy Weestrand.
The Mayor opened the meeting and welcomed the people in
attendance.
The Pledge of Allegiance was recited.
1.0 MINUTES
MOTION made by Jensen, seconded by Ahrens to approve the
minutes of the April 9, 1991, Regular Meeting and the
Committee of the Whole (COW) Meeting of April 16, 1991, as
presented. The vote was unanimously in favor. Motion
carried.
1.1 PUBLIC HEARING: DELINQUENT UTILITY BILLS
The City Manager explained that the revised amount was
$17,086.93. The Mayor opened the Public Hearing regarding
delinquent utility bills.
Michael Mueller, representing 3015 Highview Lane stated that
he would like this item deleted for 1 month to allow him to
work out a payment plan for the previous owner.
The Mayor closed the Public Hearing and turned the item back to
the Council.
MOTION made by Jessen, seconded by Smith to delete account
%22 3170 213, 3015 Highview Lane from this llst to allow
time for a payment plan to be implemented. The vote was
unanimously in favor. Motion carried.
Jensen moved and Ahrens seconded the following resolution:
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April 23, 1991
RESOLUTION 9L-53
RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF
$~6,769.85 AND AUTHORIZING THE STAFF TO
SHUT-OFF WATER SERVICE TO THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried·
1.2 PUBLIC HEARING: P & Z CASE f9~-006, PXC CORPORATION,
DALE ANDERSON, 252~ COMMERCE BLVD., LOT ~, AUDZTOR'~
SUBDIVISION ~67t PID ~ ~4-~7-24 44 000~t CONSZDEI~TZON OF
A CONDITIONAL USE PERMIT FOR LIGHT ASSEMBLY AND SERVICE OF
ELECTRONIC CONTROLS IN THE B-I ZONING DISTRICT
The City Planner stated that the applicant would like a
conditional use permit to establish a business in the old Snyder
Drug Building. PXC's business involves offices, a repair area
and a light assembly area. They provide assembly, service and
repair of electronic variable speed controls used on blowers,
conveyers and other industrial applications. Section 23.625.2 of
the Zoning Code identifies both offices and service shops as
permitted uses in the B-1 zone. Section 23.625.3 allows
"wholesale and assembly operations" as a conditional use in the
B-1 zone.
The Planning Commission recommended approval subject to the
following conditions:
Ail signage shall comply with the provisions of the Mound
Sign Code.
Overnight parking shall be limited to no more than two
service vans.
The City of Mound will continually monitor semi truck
deliveries and their impact on the pedestrian and vehicular
traffic in the CBD area. If the frequency of such
deliveries has a negative impact in the future, modification
of the conditional use permit may be necessary.
The Mayor opened the public hearing.
The Mayor closed the public hearing.
There were no comments.
Smith moved and Jensen seconded the following resolution:
RESOLUTION #9~-$4
RESOLUTION AUTHORIZING A CONDITIONAL USE
PERMIT FOR PXC CORPORATION TO OPERATE A
BUSINESS INVOLVING LIGHT ASSEMBLY AND
SERVICE OF ELECTRONIC CONTROLS IN THE B-
L ZONING DISTRICT AT 232~ COMMERCE
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April 23, 1991
BLVD., LOT 1, AUDITOR'S SUBDIVISION
#167, PID #14-117-24 44 0001, P & Z CASE
%91-006
The vote was unanimously in favor. Motion carried.
1.3 CASE %90-939:
C.L. JOHNSON, 5541-5545 SHORELINE DRIVE, LOT
4 AND PART OF 3, AUDITOR'S SUBDIVISION %170,
PID %13-1-17-24 33 0006. VARIANCE FOR A FREE
STANDING SIGN SETBACK
The Building Official reported that this item has been withdrawn
from this Agenda.
1.4 CASE %91-007:
DAN Y. ANDERSONt 4969 THREE POINTS BLVD. t
THAT PART OF LOTS 3 & 4, BLOCK 14, SHADYWOOD
POINT, PID %13-117-24 11 0118, FRONT YARD
SETBACK VARIANCE
The Building Official explained the request. The Planning
Commission recommended approval subject to the following:
The garage slab and brick retaining wall, which is
partially encroaching onto the right-of-way, be
removed, the land graded smooth and the topsoil be
seeded or sodded to prevent any erosion.
The City Council authorizes the violations and
alterations set forth below, pursuant to Section
23.404, Subdivision (8) with the clear and express
understanding that the use remains as a lawful,
nonconforming use, subject to all of the provisions and
restrictions of Section 23.404.
It is determined that the livability of the residential
property will be improved by the authorization of the
following alterations to a nonconforming use of the
property to afford the owner reasonable use of his
land.
To construct a 17.6' x 32.3' one story addition 23
feet from the front property line.
Jessen moved and Jensen seconded the following resolution:
RESOLUTION %91-55
RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE A FRONT YARD
SETBACK VARIANCE FOR THAT PART OF LOTS 3
& 4, BLOCK 14, SHADYWOOD POINT, PID %13-
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April 23, 1991
117-24 11 0118 (4969 THREE POINTS BLVD.)
P & S CASE #91-007
The vote was unanimously in favor. Motion carried.
1.5 CASE ~91-008~ NARK HANUS, 4446 DENBIGH ROAD, LOT 1, BLOCK
1, AVALON, PID ~19-117-23 24 0001, SIDEYARD
SETBACK VARIANCE
The Building Official stated that this item was tabled at the
Planning Commission and therefore is being withdrawn from this
Agenda.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
There were none.
1.6 CONSIDERATION OF AN AMENDMENT TO THE MOUND CITY CODE,
SECTION 456:50, GRANTING THE CHIEF OF POLICE AND HIS
DESIGNEES THE AUTHORITY TO ORDER THE QUARANTINE OF ANIMALS,
DEALING WITH THE DESIGNATION OF HEALTH OFFICER
The City Attorney asked that this item be continued to a future
meeting. The Council agreed.
1.7 RESOLUTION PROCLAIMING MUNICIPAL CLERKS' WEEK MAY 5-11, 1991
The Mayor read the proposed resolution.
Ahrens moved and Jensen seconded the following resolution:
RESOLUTION #91-56 RESOLUTION PROCLAIMING MUNICIPAL CLERKS'
WEEK MAY 5-11, 1991
The vote was unanimously in favor. Motion carried.
1.8 RESOLUTION PROCLAIMING THE ANNUAL SALE OF BUDDY POPPIES BY
THE VETERANS OF FOREIGN WARS (VFW)
The Mayor read the proposed resolution.
Jessen moved and Smith seconded the following resolution:
RESOLUTION %91-57 RESOLUTION PROCLAIMING THE ANNUAL SALE
OF BUDDY POPPIES BY THE VETERANS OF
FOREIGN WARS (VFW)
The vote was unanimously in favor. Motion carried.
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April 23, 1991
1.9 RESOLUTION AUTHORI~.ING THE CITY OF MOUND TO ENTER INTO
AGREEMENTS WITH NORTHERN STATES POWER, MINNEGASCO AND
DESIGNATED COMMUNITY BASED ORGANIZATIONS TO PROVID~
COMMUNITY ENERGY SERVICES TO THE RESIDENTS OF MOUND
The City Clerk explained that these contracts are required for
implementation of the Community Energy Services Program in the
city. The City Attorney has reviewed them.
Jessen moved and Ahrens seconded the following resolution:
RESOLUTION %91-58
RESOLUTION AUTHORIZING THE CITY OF MOUND
TO ENTER INTO AGREEMENTS WITH NORTHERN
STATES POWER, MINNEGASCO, AND DESIGNATED
COMMUNITY BASED ORGANIZATIONS TO PROVIDE
COMMUNITY ENERGY SERVICES TO THE
RESIDENTS OF MOUND
The vote was unanimously in favor. Motion carried.
1.10 APPROVAL OF STIPULATION AGREEMENT, CITY OF MOUND VS
BRICKLEY'S MARKET
The City Attorney explained that two employees of Brickley's
Market were charged with selling non-intoxicating malt liquor to
an under aged minor. One was found guilty. The other did not
make a court appearance and a bench warrant has been issued for
his arrest. The licensee has waived her rights to a hearing
under the Administrative Procedures Act. The licensee and the
City Attorney have agreed that in lieu of a trial and to avoid
expenses on both parties, the City Attorney is recommending that
the City Council suspend the license to sell non-intoxicating
malt liquor for a period of two weeks (14 days), commencing on
April 24, 1991, to and through May 6, 1991.
Jensen moved and Ahrens seconded the following:
RESOLUTION %91-59
RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO SIGN A STIPULATION
AGREEMENT WITH BRICKLEY'S MARKET
CONCERNING A SUSPENSION OF THEIR NON-
INTOXICATING MALT LIQUOR LICENSE
The vote was unanimously in favor. Motion carried.
1.11 PRESENTATION OF 1990 FINANCIAL AUDIT - GARY GROEN, ABDOt
ABDO & EICK
The 1990 Audit was presented by Gary Groen of Abdo, Abdo & Eick
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April 23, 1991
and Finance Director John Norman.
Smith moved and Jensen seconded the following resolution:
RESOLUTION #91-60 RESOLUTION ACCEPTIN~ ~D APPROVIN~ THE
AUDIT AND FINANCIAL REPORT FOR 1990
The vote was unanimously in favor. Motion carried.
1.12 AUTHORIZATION FOR THE MAYOR AND CITY MANAGER TO SIGN AN
OPTION AGREEMENT WITH ANTHONY'S FLORAL RE=
LAND FOR PUBLIC WORKS OUTDOOR STORAGE
ACQUISITION OF
The City Manager explained explained that Eva & Anthony
VanDerSteeg have signed an Option Contract for the City to
purchase approximately 6 acres west of Anthony's Floral for the
materials stored outdoors at the Lost Lake Site. The price
offered is $71,000. This is a 60 day Option and the following
conditions must be met:
®
Purchaser shall pay 1991 taxes and outstanding special
assessments. Seller shall make the May 15, 1991,
payment prior to due day and Buyer will reimburse if it
exercises its option.
Purchaser shall be allowed to enter on the property and
take soil samples. (Purchaser Sole Cost).
Purchaser intends to conduct an environmental study to
determine if there are hazardous materials on the
property. (Purchaser Sole Cost).
Purchaser shall exercise its option in writing. If the
Purchaser exercises its option the $1,000 payment made
as aforestated in this Option Contract shall apply
towards the purchase price. If Purchaser does not
exercise its option, seller shall retain the $1,000.
Upon exercising the option, the Purchaser and Seller
shall execute a standard form Purchase Agreement
including provisions relating to closing, requirements
that Seller provide marketable title, and other
standard provisions.
The sale requires a platting and subdivision of the
property. Purchaser shall do the surveying and prepare
and process the plat at its sole expense. Seller shall
cooperate in said subdivision process.
This Option Contract is contingent upon approval by the
City Council.
MOTION made by Ahrens, seconded by Smith to authorize the
Mayor and City Manager to enter into an Option Contract with
Anthony & Eva VanDerSteeg to purchase approximately 6 acres
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April 23, 1991
west of Anthony,s Floral (PID %14-117-24 14 0001 & 0003 and
to approve payment of $1,000 as earnest money. The vote was
unanimously in favor. Motion carried.
1.13 BID AWARD: 1991 SEALCOAT PROJECT
The City Engineer reported that the following three bids were
received:
Bituminous Roadways, Inc.
Allied Blacktop Co.
Astech Corporation
$ 37,187.65
$ 38,650.00
$ 39,400.00
He explained that they delayed their recommendation on the
contract award until they had time to investigate the problem
associated with last year's project, which was completed by
Bituminous Roadways. He reported that Bituminous Roadways has
assured them that, with the addition of new equipment and better
trained personnel, they will do a better job than last year. He
stated that Public Works personnel will be monitoring the job as
it is done to insure the quality of work. Thus, the
recommendation is to award the bid to Bituminous Roadways, Inc.
Councilmember Smith asked if Bituminous could be back-charged for
City Staff time. The Engineer stated no.
Jessen moved and Ahrens seconded the following resolution:
RESOLUTION %91-61
RESOLUTION APPROVING THE LOW BID OF
BITUMINOUS ROADWAYS, INC. IN THE AMOUNT
OF $37,187.65 FOR THE 1991 SEALCOAT
PROJECT
The vote was 4 in favor with Councilmember Smith voting nay.
Motion carried.
1.14 LICENSE RENEWALS & NEW
The following are license renewals all expiring 4/30/91.
Bowling - 8 lanes - Mound Lanes
Games of Skill - 3 - A1 & Alma's
Juke Box - i - American Legion #398
i - VFW #5113
Pool Table - 2 VFW #5113
Restaurant - A1 & Alma's
Domino's Pizza #1974
Happy Garden
Mound Lanes
Scotty B's
Subway Sandwiches
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April 23, 1991
House of Moy
American Legion #398
The following are new license applications:
Ciqarette - Shoreline Mobil, Inc. (License 5/1/91 to 2/28/92
Games of Skill - VFW #5113
MOTION made by Jensen, seconded by Ahrens to authorize the
issuance of the above licenses contingent upon all required
forms, insurance, etc. being turned in. The vote was
unanimously in favor. Motion carried.
1.15 SET DATE FOR PUBLIC HEARING TO CONSIDER A VACATION OF A
UTILITY EASEMENT - 5227 BARTLETT BLVD.
MOTION made by Jessen, seconded by Jensen to set May
1991, for a public hearing to consider a vacation of a
utility easement at 5226 Bartlett Blvd. The vote was
unanimously in favor. Motion carried.
1.16 PAYMENT OF BILLS
MOTION made by Smith, seconded by Jensen to authorize the
payment of bills as presented on the pre-list in the amount
of $191,052.40, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
ADD-ON ITEMS
1.17 MISSION STATEMENT
The City Manager stated that at the Goal Setting/Team Building
Session in April a Mission Statement was drafted for the City of
Mound. This is now in formal form and should be adopted.
The Mayor read the Mission Statement: "The City of Mound,
through teamwork and cooperation, provides, at a reasonable cost,
quality services that respond to the needs of all citizens,
fostering a safe, attractive and flourishing community."
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION #91-62
RESOLUTION ACCEPTING AND APPROVING A
MISSION STATEMENT FOR THE CITY OF MOUND
The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
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April 23, 1991
ae
March 1991 Financial Report as prepared by John Norman,
Finance Director.
B. L.M.C.D. mailings.
C. Planning Commission Minutes of April 8, 1991.
D. Park Commission Minutes of April 11, 1991.
Ee
Letter with enclosures from Tad Jude, Hennepin County
Commissioner sent to Representative Steve Smith who asked
that this material be included in this packet.
F. Economic Development Commission Minutes of March 21, 1991.
G
REMINDER: City Hall Open House, Sunday, April 21, 1991, 1:00
- 4:00 P.M.
Ho
REMINDER: Recycling Luncheon, Northland Inn, Wednesday, May
1, 1991, 11:30 A.M. to 1:30 P.M. It interested in
attending, please contact Fran ASAP.
REMINDER: 1991 League of Minnesota Cities Annual
Conference, June 11-14, 1991, Rochester, MN. Please let
Fran know before May 9, if you would like to attend.
The Council asked Councilmember Ahrens to ask the Park & Open
Space Commission if they would like to maintain a wildflower area
in the area next to the driveway at City Hall and in the area
north of the building.
Councilmember Smith reported that the Economic Development
Commission now has a number of different committees and is
involving 45 persons on these committees.
It was reported that the Planning Commission will be holding a
Public Hearing on the Rental Housing & Licensing Code on June 24,
1991.
MOTION made by Smith, seconded by Jessen to adjourn at 9:50
P.M. The vote was unanimously in favor. Motion carried.
Fran Clark, CMC, C~ty Clerk
~ard J. S~.l~f~-~ty Man~3er
BILLS ....... APRIL 23, 1991
BATCH 1041 107,648.86
BATCH 1042 79,008.33
SuperAmerica March gasoline 2,272.13
Contel Telephone 2,123.08
TOTAL BILLS 191,052.40