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1991-08-13 139 August 13, 1991 MINUTES - MOUND CITY COUNCIL - AUGUST 13, 1991 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 13, 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 Architect Steve Jantzen, and the following interested citizens: Karen & Ned Podany, Casey Adams (Attorney for Podanys), Thomas Godlewski, Louise & Howard Hagedorn, Frank Weiland and Gary Bigalke. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Smith seconded by Jensen to approve the minutes of the July 23, 1991, Regular Meeting as submitted. The vote was unanimously in favor. Motion carried. 1.1 REQUEST TO TRIM FOLIAGE ON WIOTA COMMONS BY HOWARD HAGEDORN, 1748 AVOCET LANE The city Manager reported that the Park & Open Space Commission has reviewed Mr. Hagedorn's request and the plan submitted by Otten Bros. Nursery to trim the foliage on Wiota Commons. They have recommended approval. MOTION made by Smith, seconded by Ahrens to allow the trimming of the subject trees and bushes on Wiota Commons by a licensed reputable tree service under the direction of the Park Director. The vote was unanimously in favor. Motion carried. RECYCLOTTO WINNER The Mayor presented Gary Bigalke, 2835 Halsted Lane with $300.00 Westonka Dollars. He was the latest winner in the Recyclotto. 1.Z RESOLUTION OF DENIAL TO ALTER PUBLIC PROPERTYt MR. & MRS. NED PODANY, 6165 SINCLAIR LANE (ENCROACHMENT ONTO LAGOON PARK) The city Manager explained that the City Attorney has now 140 140 August 13, 1991 prepared the denial resolution that he was directed to do at the last Council meeting. The Council discussed what other alternatives that could have been done other than blacktopping park property, i.e. downsizing the garage; moving the one end back to within 2 feet of the property line as the 1986 variance allowed; facing the garage doors to the north; removing the 4 foot breezeway that is between the garages to bring the one garage closer to the wider part of the driveway. Mr. & Mrs. Podany and their attorney, Casey Adams, were present asking that they not be required to remove the blacktop because their driveway is limited. The Council discussed the fact that allowing this encroachment would establish a precedent that people abutting public parks would have special privileges allowing them to use public lands for their private purposes. Smith moved and Jessen seconded the following resolution: RESOLUTION #91-109 RESOLUTION DENYING AN APPLICATION FOR A SPECIAL PERMIT FOR CONSTRUCTION AND USE OF PRIVATE ACTIVITIES ON PUBLIC LANDS FOR PROPERTY AT 6165 SINCLAIR ROAD The vote was 4 in favor with Ahrens voting nay. Motion carried. 1.3 CONSIDERATION OF PAYMENT REQUEST ~3 - DEPOT DECK - SHINGOBEE BUILDERS IN THE AMOUNT OF $2,023.27 The City Engineer recommended approval. MOTION made by Jessen, seconded by Jensen to authorize payment request #3 for the Mound Bay Park Depot in the amount of SZ,0Z3.Z7 by Shingobee Builders, Inc. The vote was unanimously in favor. Motion carried. 1.4 APPROVAL OF CHANGE ORDER #'S 73, 74, 75, 77, 78, 79 & 80 FROM SHINGOBEE BUILDERS, INC. - CITY HALL ADDITION & REMODELING The Mayor asked that the Council look at the Project Cost Review on page 2087 before considering the change orders and the payment request. The City Engineer reviewed the project costs and stated they will be applying for a 90% reimbursement from the MPCA for all items !41 141 August 13, 1991 that had to do with the contaminated soil in the parking lot. He pointed out that construction observation and contract administration is approximately $28,000 over the estimate because Shingobee was ineffective in getting their subs to complete their responsibilities, all change orders had to be carefully reviewed because many items were in the contract, and payment requests needed to be checked and revised. He stated that the original date of November 15 for completion was extended to December 15, 1990 when substantial completion was considered done. At the end of November Construction Observation and Contract Administration was at approximately $34,000 and by the end of December it was at $40,000. The balance of the $56,974.25 has occurred in the past 7 months trying to get items completed. Tom Godlewski, President of Shingobee Builders, was present and argued that it was not Shingobee's fault but the fault of the architect for changing items and redesigning items that caused the overage. Mayor Johnson asked if Shingobee would be willing to share in the extra costs that were incurred. Mr. Godlewski stated no. The Council expressed regret that Shingobee would not participate in the extra costs. The Council then reviewed Change Orders #73, 74, 75, 77, 78, 79 and 80 that were presented. Smith moved and Jensen seconded the following resolution: RESOLUTION %91-110 RESOLUTION TO APPROVE CHANGE ORDERS #73, 74, 75, 77, 78, 79 & 80, AS SUBMITTED BY SHINGOBEE BUILDERS FOR THE CITY HALL ADDITION AND REMODELING PROJECT The vote was unanimously in favor. Motion carried. 1.5 CONSIDERATION OF PAYMENT REOUEST #10 - CITY HALL ADDITION & REMODELING - SHINGOBEE BUILDERS IN THE AMOUNT OF $45t043.70 The City Engineer has approved payment request #10. MOTION made by Smith, seconded Dy Jensen to approve Payment Request %10, in the amount of $45,043.70, to Shingobee Builders, Inc., for the City Hall Addition & Remodeling Project. The vote was unanimously in favor. Motion carried. 1.42 142 August 13, 1991 1.6 REOUEST FROM MTC TO USE CERTAIN STREETS FOR A PROPOSED ROUTE EXTENSION. LETTER WITH SIGNATURES FROM MTC RIDERS ON THE PROPOSED CHANGES TO ROUTE 75E The City Manager explained the the MTC is considering a route extension of Route 75S to extend it west via Wilshire Blvd., County Rd. 15 and County Rd. 110 with a terminal at County Rd. 44 near Bayridge Road. They would operate to two morning rush hour trips and two afternoon rush hour trips. Bartlett Blvd. between Wilshire Blvd. and County Rd. 110 would no longer be a part of this bus route. The MTC needs written permission to use the following streets: Wilshire Blvd. between Bartlett Blvd. & County Rd. 15 Halsted Lane from County Rd. 110 to Bayridge Road Bayridge Road from Halsted Lane to County Rd. 44 The Council also accepted the petitions that were submitted by riders of the MTC objecting to the proposal to add one stop on the 75E route at either the Wayzata Park-Ride or at Plymouth Rd. The Council discussed the extension of Route 75S to the western area of Mound and thought it was an excellent idea, but they questioned where the layover would be on County Rd. 44 which might be a dangerous place to sit or create a hazardous situation at that corner of County Rd. 44 and County Rd. 110. They asked that the City Manager check with the MTC on their concerns and bring this item back at the next meeting. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. DISCUSSION: ANTHONY'S FLORAL PROPERTY The City Manager stated that the VanDerSteegs have not contacted him with an answer on the City's offer to purchase the property. The City Attorney stated that the VanDerSteegs have contacted an attorney who has contacted him and asked for a copy of the Restrictive Covenants. He also expressed an interest in visiting with the City Engineer on the soil borings and the appraiser on the value. The Council asked that no more consulting engineering time be spent. Councilmember Jessen stated that if it comes back that the Vandersteegs want more money, she would suggest the City look at the alternative of leaving the storage at Lost Lake and berming the area with trees, shrubs and grass. No action was taken on this item. 1.7 143 August 13, 1991 SET PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW A COMMERCIAL RECREATION USE CONSISTING OF AN ARCADE/GAME ROOM IN THE B-1 CENTRAL BUSINESS DISTRICT AT 2313 COMMERCE BLVD. MOTION made by Jessen, seconded by Ahrens to set Tuesday, August 27, 1991, for a public hearing to consider the issuance of a conditlonal use permit to allow a commercial recreational use consisting of an arcade/game room in the B- i Central Business District at 2313 Commerce Blvd., Part of Lots 54 & 55, Lynwold Park, PID #14-117-24 44 0042. The vote was unanimously in favor. Motion carried. 1.8 LICENSE APPLICATION The City Clerk reported that this application for Cigarette License submitted by Joe's Vending has been withdrawn because there was no secure place to put the machine at Scotty B's. 1.9 PAYMENT REOUEST #2, 1991 LIFT STATION IMPROVEMENT, $42,352.90 The city Engineer recommended approval of LaTour's request. MOTION made by Ahrens, seconded by Smith to approve Payment Request #2, for the 1991 Lift Station Improvement, in the amount of $42,352.90 from LaTour. The vote was unanimously in favor. Motion carried. 1.10 PAYMENT OF BILLS MOTION made by Jessen, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $342,536.66, when funds are available. A roll call vote was unanimously in favor. Motion carried. ADD-ON ITEMS 1.11 GARDEN LEASE The city Clerk explained that Leo & Beverly Wallis would like to renew their garden lease on Lots 1, 2, 3, & 22, Block 5, Dreamwood. 144 144 August 13, 1991 MOTION made by Johnson, seconded by &hrens to grant a garden lease to Leo & Beverly Wallis for Lots 1, 2, 3 a 22, Block 5, Dreamwood, for one year starting August 13, 1991. The vote was unanimously in favor. Motion carried. 1.12, RECYCLINO The city Manager explained that the County has asked that we adopt the proposed resolution regarding paper procurement and recycling. Smith moved and Ahrens seconded the following resolution: RESOLUTION %91-111 RESOLUTION REOARDING PAPER PROCUREMENT ]%ND RECYCLING The vote was unanimously in favor. Motion carried. The City Manager reminded the Council of the household hazardous waste collection that will be held on Sept. 13 & 14. Mound needs 60 workers to help with this collection. He urged civic groups to help out. Our recycler, Knutson, will start picking up magazines on August 23. They have offered to do this at no extra cost if we extend our contract for one more year. The City Manager will look into this. 1.13 L.M.C.D. REPRESENTATIVE The L.M.C.D. has notified us that Tom Reese's term as Mound's representative expires in October. The City Manager will check with Mr. Reese to see if he would like to be reappointed. 1.14 L~KE MANAGEMENT PLAN FOR LAKE MINNETONKA The Met Council has submitted the final edited version of the Environmental Protection and Management chapter of the Management Plan for Lake Minnetonka. The City Manager asked that the Council review it. The Mayor reported that all the cities were in agreement with this chapter at their last meeting. INFORMATION/MISCELLANEOUS A. Department Head Monthly Reports for July 1991. B. LMCD Representative's Monthly Report for July 1991. C. Planning Commission Minutes of July 22, 1991. He 145 August 13, 1991 Park & Open Space Commission Minutes of July 25, 1991. LMCD Mailings. Notice from West Hennepin Recycling Commission re: Household Hazardous Waste Community Collection Event. Event is scheduled for Friday, September 13, 1991 and Saturday, September 14, 1991 at the Hennepin County Public Works Garage on Shoreline Drive in Spring Park. The organizers are looking for 60 volunteers from Mound to work during this 2 day event. Joyce Nelson will return next week and I will get further information regarding what exactly these 60 volunteers are expected to do. REMINDER: We have confirmed with Michelle Edwards, Michelle Louise Photography, Mound, to have the City Council, City Attorney, City Manager and City Clerk photograph taken prior to the ~uqust 13, 1991, meeting at 7:00 P.M.. Judy Fisher, Senior Account Clerk, an employee with the City of Mound for 12 years, has resigned and will be leaving August 16, 1991. She and her husband, Jim, will be moving to Reno, Nevada to retire. We wish them well as they begin their retirement years. As a budgetary measure, we do not plan to replace her. Rather, we will be shuffling job duties to pick up her job responsibilities. MOTION made by Smith, seconded by Jensen to adjourn at 10:15 P.M. The vote was unanimously in favor. Motion carried. ~a-rd J. S~kle, Jr., City Manager Fran Clark, CMC, City Clerk BILLS ...... AUGUST 13, 1991 BATCH 1073 BATCH 1074 100,887.16 199,296.60 LaTour Construction 1991 Lift Station Request 42,352.90 TOTAL BILLS 342,536.66