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1991-10-08 181 October 8, 1991 MINUTES - MOUND CITY COUNCIL - OCTOBER 8, 1991 The city Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 8, 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, and the following interested citizens: Jack Cook. The Mayor opened the meeting and welcomed the people in attendance. 1.0 MINUTES MOTION made by Jensen, seconded by Jessen to approve the minutes of the September 24, 1991, Regular Meeting as submitted. The vote was unanimously in favor. Motion carried. 1.1 APPROVE THE REVISED MANAGEMENT PLAN FOR L~KE MINNETONKA, DATED OCTOBER, 1991 The City Manager reported that the final draft of the Management Plan for Lake Minnetonka has been submitted for the city's review and comment. Comments need to be made in writing by Friday, October 11, 1991. The L.M.C.D. Board of Directors will meet on Wednesday, October 16, 1991, to conduct the complete and final review for adoption and subsequent submittal to the Metropolitan Council. The City Manager stated that Park Commissioner Tom Casey has submitted a letter asking that the Park & Open Space Commission be allowed to review the final draft. The City Manager stated that the Agenda for the Park & Open Space Commission is full and it is really too late for them to review and get comments back before Friday. He further stated that they reviewed the original draft sometime ago and those comments were addressed. The Mayor stated that he has been to every Mayor's meeting except one on the Plan and that most of the Mayors are in agreement with the final draft. He further stated that a great deal is dependent upon funding and the funding is not there at this time. The Council agreed to stay on top of the Plan as it is implemented. 182 October 8, 1991 The Council asked the city Manager to send a letter to the L.M.C.D. acknowledging agreement with the plan, but recognizing its funding dependency. 1.2 RESOLUTION APPROVING AN ADDENDUM TO THE AGREEMENT FOR RECYCLING COLLECTION The City Manager explained that Knutson Services, Inc. has agreed to adding the collection of magazines, catalogues and certain glossy materials to the current contract if the City will extend their contract through December 31, 1994. Staff recommends approval. Ahrens moved and Smith seconded the following resolution: RESOLUTION #91-136 RESOLUTION APPROVING AN ADDENDUM TO THE AGREEMENT FOR RECYCLING COLLECTION The vote was unanimously in favor. Motion carried. 1.3 DISCUSSION: 1991 FALL LEAF PICKUP The City Manager explained that bids on the 1991 Fall Leaf Pickup were opened today. They were as follows: Westonka Sanitation Blackowiak Sanitation Woodlake Sanitation (BFI) $5,500.00 (Entire City) $6,228.00 (Entire City) $3,114.00 (North 1/2) $3,114.00 (South 1/2) $7,000.00 (Entire City) $3,270.00 (North 1/2) $3,720.00 (South 1/2) The Staff recommends accepting the bid of Westonka Sanitation. He reviewed the recycling fund and its balance. The Council agreed that they would have to look at this annually to see if funds are available in that fund to support a leaf pickup or a clean-up project. They will review again in the Spring to see if a Spring Clean-Up Project can be done. Jessen moved and Smith seconded the following resolution: RESOLUTION #91-137 RESOLUTION APPROVING THE BID OF WESTONKA SANITATION FOR THE 1991 FALL LEAF PICKUP IN THE AMOUNT OF $5,500.00 The vote was unanimously in favor. Motion carried. 183 October 8, 1991 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Jack Cook, 4452 Denbigh Road, stated that he thought he was on the agenda tonight regarding Commons. The city Manager stated that Mr. Cook just turned in his survey this evening and that he would be on the October 22, 1991, Agenda. 1.4 REQUEST FOR A 30 DAY EXTENSION FOR THE 1991 SEWER LIFT STATION IMPROVEMENT PROJECT The city Engineer recommended approval of the request because of a late shipment of pumps from the factory that manufactures them. He stated this is not the contractor's fault. MOTION made by Smith, seconded by Ahrens to extend the completion date 30 days for the 1991 Sewer Lift Station Improvement Project. The vote was unanimously in favor. Motion carried. 1.5 APPROVAL OF PAYMENT REQUEST NO. 3, IN THE AMOUNT OF $51,357.95, TO LA TOUR CONSTRUCTION - 1991 SEWER LIFT STATION IMPROVEMENT PROJECT The City Engineer recommended approval of the payment request. This request is for work that has already been done. MOTION made by Ahrens, seconded by Smith to approve Payment Request 93 in the amount of $51,357.95 to La Tour Construction for the 1991 Sewer Lift Station Improvement Project. The vote was unanimously in favor. Motion carried. 1.6 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO SIGN A PURCHASE AGREEMENT WITH TURNQUIST PROPERTIES, INC. FOR THE SALE OF ABANDONED WELL AND PUMP HOUSE PROPERTY ADJACENT TO FORMER DONNIE'S RESTAURANT The City Clerk explained that the property Mr. Turnquist wishes to purchase is in the middle of property he already owns. The city had this well capped in 1985 and the pump house is no longer needed by the City. Mr. Turnquist will be paying $20,000 for the property. The City will have to demolish and remove the pump house at a cost of approximately $2,500. Councilmember Ahrens asked where the money for the property would be put. The City Manager answered in the General Fund. Councilmember Ahrens asked if this money could be earmarked for a specific project, i.e. parks, etc. The Council decided to wait to see how much the City will net in the end. 184 184 October 8, 1991 Smith moved and Jessen seconded the following resolution: RESOLUTION #91-138 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN A PURCHASE AGREEMENT WITH TURNQUIST PROPERTIES, INC. FOR THE SALE OF ABANDONED WELL SITE AND PUMP HOUSE PROPERTY ADJACENT TO THE FORMER DONNIE ' S RESTAURANT The vote was unanimously in favor. Motion carried. 1.7 APPROVAL OF PAYMENT TO DAKOTA R~IL PER COURT ORDER IN THE DISPUTE OF DAKOTA RAIL V. CITY OF MOUND The city Attorney explained that the City and Dakota Rail went to court with Dakota Rail requesting a motion for partial summary judgment and the City requesting a motion for a temporary restraining order to keep Mr. Mills from installing fencing in the downtown parking lots. The Court ordered that the Dakota Rail's motion for a partial summary judgment is denied; the City's motion for a temporary restraining order is granted; the city is to pay Dakota Rail rent on the subject property at $1,000 per month commencing the month of March 1991 and continuing during the pendency of this action or until further order of the court. Jessen moved and Jensen seconded the following resolution: RESOLUTION #91-159 RESOLUTION AUTHORIZING APPROVAL OF PAYMENT TO DAKOTA RAIL, INC., PER HENNEPIN COUNTY DISTRICT JUDGE PATRICK W. FITZGERALD IN THE MATTER OF DAKOTA RAIL, INC., V. CITY OF MOUND The vote was unanimously in favor. Motion carried. 1.8 SET PUBLIC HEARING FOR: UNPAID TREE REMOVAL CHARGES, UNPAID HAZARDOUS BUILDING CHARGES, UNPAID MOWING CHARGES, UNPAID WATER & SEWER BILLS MOTION made by Ahrens, seconded by Jessen to set October 1991, for a public hearing on unpaid tree removal charges, unpaid hazardous building charges, unpaid mowing charges and unpaid water and sewer bills. The vote was unanimously in favor. Motion carried. 1.9 SET PUBLIC HEARING FOR CENTRAL BUSINESS DISTRICT (CBD) PARKING MAINTENANCE 185 October 8, 1991 MOTION made by Smith, seconded by Jessen to set October 22, 1991, for a public hearing on the 1991 CBD (Central Business District) Parking Maintenance &ssessment. 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 $210,588.43, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Department Head monthly reports for September 1991. B. Planning Commission Minutes of September 23, 1991. Parks and Open Space Commission Minutes of September 26, 1991. D. LMCD Mailings. E. Minnehaha Creek Watershed District Annual Report for 1990. REMINDER: Committee of the Whole Meeting on Tuesday, October 15, 1991, 7:00 P.M., City Hall. The City Manager will present the proposed 1992 Budget to the Council. The curfew ordinance will also be discussed along with a variety of other items. Ge REMINDER: Adopt a Green Space Reception on Monday, October 21, 1991, 7:30 P.M., City Hall. NOTE: Parks and Open Space Commission now starts their meetings at 7 P.M. instead of 7:30 P.M. effective October 10, 1991, in lieu of having a second meeting each month. MOTION made by Smith, seconded by Jensen to adjourn at 8.45 P.M. The vote was unanimously in favor..~otion carried__ Ed~a~d J. Shu]~le,~r.~-Ci~y Manage~~ Frah Clark, CMC, City Clerk BILLS .OCTOBER 8, 1991 BATCH 1093 73,564.89 BATCH 1094 85,665.59 LaTour Construction Payment 3 51,357.95 TOTAL BILLS 210,588.43