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1991-10-22October 22, 1991 191 MINUTES - MOUND CITY COUNCIL - OCTOBER 22, 1991 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 22, 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: City Manager Ed Shukle, City Attorney Curt Pearson, Building Official Jon Sutherland, Finance Director John Norman, Dock Inspector Tom McCaffrey and Deputy Clerk Linda Strong. The following interested citizens were present: Michael Oberle, Ralph Bauer, Jim Crawford, Sharon Ruud, Tom Wimler, Jeff Vint, Brian Johnson, James and Melissa Murphy, Kelvin Retterath, Michael P. Mader, Jeff Jesburg, Eugene Garvais, Merit Geyen, Sandra Konnad, Jack Cook, Lorrie Ham, and Parker Hodges. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegience was recited. 1.0 MINUTES MOTION by Jensen, seconded by Smith and carried unanimously to approve the Minutes of the October 8, 1991 regular meeting and the October 15, 1991 Committee of the Whole Meeting. 1.1 PUBLIC HEARING: DELINQUENT UTILITY BILLS city Manager Ed Shukle stated the new amount owing in delinquent utility bills was $7,189.35. The Mayor opened the Public Hearing asking if there was anyone present who wanted to speak on this item. There were none. The Mayor closed the Public Hearing. The following resolution was moved by Ahrens, seconded by Jensen and carried unanimously. RESOLUTION 91-140 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $7189.35 AND AUTHORIZING STAFF TO SHUT OFF WATER SERVICE TO THOSE ACCOUNTS. 1.2 PUBLIC HEARING: CASE #91-048 - REQUEST FOR A CONDITIONAL USE PERMIT FOR AN OVERSIZED ACCESSORY BUILDING AT 6272 RED OAK ROAD, LOT 10, BLOCK 1, MOUND TERRACE, PID #14-117-24 32 0010 FOR EUGENE GARVAIS. Jon Sutherland, Building Official, updated Council on this item. The Planning Commission unanimously recommended approval. The Mayor opened the Public Hearing and invited persons present who wished to speak. There were none. The Mayor closed the Public Hearing. The following resolution was moved by Smith, seconded by Ahrens and carried unanimously. 192 October 22, 1991 192 RESOLUTION 91-141 RESOLUTION TO GRANT A CONDITIONAL USE PERMIT TO ALLOW AN OVERSIZED DETACHED ACCESSORY BUILDING AT 6272 RED OAK DRIVE, LOT 10, BLOCK 1, MOUND TERRACE, PID %14-117-24 32 0010, P & Z %91-048 1.3 PUBLIC HEARING: UNPAID TREE REMOVAL CHARGES, UNPAID MOWING CHARGESt UNPAID HAZARDOUS BUILDING CHARGESt DELINQUENT WATER AND SEWER BILLS AND CBD PARKING MAINTENANCE City Manager Ed Shukle stated the unpaid assessments that were to be certified to the county were created because the City had notified the property owners of ordinance infractions and the owners had not taken care of these infractions. City crews had to resolve the situation and the property owners were now being assessed the fee for this service. 1.3 Unpaid Tree Removal The Mayor opened the Public Hearing. Ralph Bauer, 1774 Heron Lane, came before Cou~ncil regarding an unpaid tree removal assessment of $125. Mr. Bauer's tree had fallen during a storm. His property abuts Crescent Park. There was discussion as to just where the fallen tree was laying when removed by subcontractor, Mr. Bauer's yard or the Park. Mr. and Mrs. Bauer have adopted Crescent Park under the Adopt a Green Space program and offered to supply the park with $125 of improvements in lieu of the assessment. Council accepted. MOTION by Ahrens, seconded by Jensen and carried unanimously to delete PID $13-117-24 14 0001 from the assessment subject to property owner providing $125 of improvement into Crescent Park. This applies to Resolution #91-142. City Manager Ed Shukle noted also that PID #24-117-24 13 0007 had paid the assessment of $175 prior to council meeting. Smith moved and Jensen seconded the following resolution as amended-. RESOLUTION 91-142 RESOLUTION ADOPTING UNPAID TREE REMOVAL ASSESSMENT ROLL IN THE AMOUNT OF $325.00 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %12306 The vote was unanimously in favor. Motion carried. 1.4 Unpaid Tree Removal The Mayor opened the public hearing and asked if there was anyone present who wished to speak on this item, there was no one. The mayor closed the public hearing. Smith moved and Ahrens seconded the following resolution: October 22, 1991 193 RESOLUTION 91-143 RESOLUTION ADOPTING UNPAID TREE REMOVAL ASSESSMENT ROLL IN THE AMOUNT OF $3800.00 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %12307 The vote was unanimously in favor. Motion carried. 1.5 Unpaid Mowinq Charqes The Mayor opened the Public Hearing and invited anyone present who wished to speak on this issue. There were none. The Mayor closed the public hearing. The city manager stated that two of the proposed assessments had been paid: PID #19-117-23-34 0031 for $180, and PID #13-117-24 21 0019 for $75. Smith moved, Jensen seconded the following resolution: RESOLUTION 91-144 RESOLUTION ADOPTING UNPAID MOWING ASSESSMENT ROLL IN THE AMOUNT OF $700.00 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %12305 The vote was unanimously in favor. Motion carried. 1.6 UNPAID HAZARDOUS BUILDING CHARGES The Mayor opened the Public Hearing invited anyone present who wished to speak. There was no one. The Mayor closed the public hearing. The following resolution was moved by Smith, seconded by Jensen and carried unanimously: RESOLUTION #91-145 RESOLUTION ADOPTING UNPAID HAZARDOUS BUILDING CHARGES ASSESSMENT ROLL IN THE AMOUNT OF $1510 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %12302 1.7 DELINQUENT WATER AND SEWER BILLS The city manager stated that the following properties had paid the proposed assessment: PID #19-117-23 34 0036 of $268.91 PID #13-117-24 31 0046 of $37.30 PID #13-117-24 34 0012 of $155.92 PID #24-117-24 32 0012 of $166.93 PID #13-117-24 32 0142 of $178.96 The mayor opened the public hearing asking if there was anyone present who wished to speak on this item. There was no one. The mayor closed the public hearing. The following resolution was moved by Smith, seconded by Jensen and carried unanimously: RESOLUTION #91-146 RESOLUTION ADOPTING DELINQUENT WATER AND SEWER ASSESSMENT ROLL IN THE AMOUNT OF $6644.79 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %12301 194 October 22, 1991 194 1.8 CBD PARKING MAINTENANCE This assessment is charged to businesses in the Central Business District (CBD) for parking lot maintenance, snow plowing, striping, etc. The Mayor opened the Public Hearing and asked if there was anyone there who wished to speak. There was no one. The city manager read a certified letter from Mr. Curt Johnson, 5545 Shoreline Drive, objecting to his assessment. The mayor closed the public hearing. The following resolution was moved by Smith, seconded by Jensen and carried unanimously: RESOLUTION %91-147 RESOLUTION ADOPTING CBD PARKING MAINTENANCE ASSESSMENT ROLL IN THE AMOUNT OF $18,222.05 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %12304 1.9 CASE NO. 91-027: REQUEST FOR A VARIANCE TO ALLOW A NEW DETACHED GARAGE AT 1728 FINCH LANE, LOT 12, BLOCK 14, DREAMWOOD, PID #13-117-24 13 0018, FOR JEFF JESBERG Jon Sutherland, Building Official stated that the Planning Commission had approved the applicant's plan "B" of an 18' x 20' detached garage as this plan has the least impact and results in a minimum variance request, by a vote of 6-3. The following resolution was moved by Smith and seconded by Ahrens: RESOLUTION %91-148 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE A VARIANCE TO ALLOW A NONCONFORMING GARAGE ON AN EXISTING NONCONFORMING PROPERTY AT 1728 FINCH LANE, LOT 12, BLOCK 14, DREAMWOODv PID %13-117-24 13 0018, P & Z %91-027 The vote was 3 in favor, with Jessen and Jensen voting nay. Motion carried. 1.10 CASE #91-047: REQUEST FOR A FRONT YARD SETBACK VARIANCE TO ALLOW A CONFORMING ADDITION AT 4945 GLEN ELYN ROAD, LOTS 17 & 18, BLOCK 24, SHADYWOOD POINT, PID %13-117-24 11 0139 FOR BRIAN JOHNSON. Building Official Jon Sutherland updated Council on this item. The Planning Commission voted 6-3 in favor of approval. The following resolution was moved by Jensen and seconded by Ahrens: RESOLUTION %91-149 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING NONCONFORMING FRONT YARD SETBACK AND UNDERSIZED PARCEL TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION FOR PART OF LOTS 17 & 18, BLOCK October 22, 1991 195 24, SHADYWOOD POINT: PID %13-117-24 11 0139, (4945 GLEN ELYN ROAD) P & Z %91- O47 The vote was 4 in favor, with Jessen voting nay. Motion carried. 1.11 CASE NO. 91-049: REQUEST FOR A VARIANCE TO ALLOW AN ADDITION AT 5045 AVON DRIVE, LOT 12, BLOCK 3, SHIRLEY HILLS UNIT B, PID #24-117-24 13 0006, FOR JAMES AND MELISSA MURPHY. Building Official Jon Sutherland updated Council on this item. The Planning Commission and staff recommended approval. The following resolution was moved by Jessen, seconded by Ahrens and carried unanimously: RESOLUTION 91-150 RESOLUTION TO APPROVE A VARIANCE FOR AN EXISTING NONCONFORMING PROPERTY TO ALLOW A NONCONFORMING ADDITION AT 5045 AVON DRIVE, LOT 12, BLOCK 3, SHIRLEY HILLS UNIT B, PID %24-117-24 13 0006, P & Z CASE %91-049 1.12 CASE NO. 91-050: REQUEST FOR A VARIANCE TO ALLOW TWO NEW CONFORMING SATELLITE DISHES, LOTS 24-27, BLOCK 3, SHIRLEY HILLS UNIT F, PID ~13-117-24 34 0071 FOR TRIAX MIDWEST ASSOCIATES. Building Official Jon Sutherland updated Council on this item. A Triax representative was present and he stated that having the new dishes would allow Triax to add a new service. These dishes will be at roof height. Jensen moved and Smith seconded the following resolution which was approved unanimously: RESOLUTION 91-151 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING TWO EXISTING NONCONFORMING RECEIVING DISH ANTENNAS AND ONE 40' TOWER TO ALLOW THE INSTALLATION OF TWO ADDITIONAL CONFORMING DISH ANTENNAS AT 2381 WILSHIRE BLVD. , LOTS 24-17, BLOCK 3, SHIRLEY HILLS UNIT F, PID %13-117-24 34 0071, TRIAX MIDWEST ASSOCIATES, P & Z CASE 91-050 1.13 CASE NO. 91-051: REQUEST FOR MINOR SUBDIVISION AND VARIANCE AT 3367 WARNER LANE, LOT 64, WHIPPLE SHORES, AND LOT 1~ BLOCK 12, DOUGLAS, PID #25-117 24 24 0056, FOR JEFF VINT. Building Official Jon Sutherland reviewed the applicants request i96 October 22, 1991 196 for a minor subdivision creating two new parcels, Parcel 'A' being approximately 20,300 square feet, and Parcel 'B' being approximately 15,900 square feet. Both proposed parcels exceed the minimum 10,000 square feet required lot area for the R-1 Zone. This application meets the City Code Section 330. The Planning Commission approved the request with a 6-3 vote. Council added to the resolution to not allow further variances for either parcel 'A' or 'B'. Also, under item 4e, of the proposed resolution, to stipulate that the applicant shall provide sewer and water services at applicant's expense before the building permit is issued. Jensen moved and Smith seconded the following resolution to include the above changes: RESOLUTION %91-152 RESOLUTION TO APPROVE A MINOR SUBDIVISION AND RECOGNIZE A NONCONFORMING SETBACK FOR 3367 WARNER LANE, LOT 64, WHIPPLE SHORES AND LOT 1, BLOCK 12, DOUGLAS, PID %25-117-24 24 0056, PZ CASE 91-051 The motion carried unanimously. 1.14 CASE NO. 91-052: REQUEST FOR A VARIANCE TO ALLOW A CONFORMING ADDITION AT 3415 ISLAND VIEW DRIVEr PART OF LOTS 8 & 9, PEMBROKE, PID ~19-117-23 34 0103, FOR MICHAEL MADER. Building Official Jon Sutherland reviewed this item with Council. The Planning Commission recommended approval, as did staff. Mayor Johnson removed himself from Council as he is related to the applicant. Jensen moved and Smith seconded the following resolution: RESOLUTION #91-153 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING NONCONFORMING FRONT YARD SETBACK TO ALLOW A CONFORMING GARAGE ADDITION AT 3145 ISLAND VIEW DRIVEr PART OF LOTS 8 & 9~ BLOCK 4~ PEMBROKE, PID %19-117-23 34 0103, P & Z CASE NO. 91-052. The vote was unanimously in favor. 1.15 CASE NO. 91-053: REQUEST FOR A VARIANCE - NO FRONTAGE ON AN IMPROVED STREET AT XXXX GLADSTONE LANE, LOT 52 & PARTS OF 51, WHIPPLE SHORES, PID #25-117-24 21 0145 Building Official Jon Sutherland reviewed this item with Council. Concern was stated regarding the easement across Lot 53, and also that the City not be responsible for any maintenance or plowing of snow. Smith moved and Jessen seconded the following resolution: October 22, 1991 197 RESOLUTION %91-154 RESOLUTION TO APPROVE A VARIANCE FOR NOT HAVING FRONTAGE ON, OR HAVING DIRECT ACCESS TO, AN IMPROVED PUBLIC RIGHT-OF- WAY FOR PROPERTY LOCATED ON PLATTED GLADSTONE LANE, LOTS 52 AND THE SLY 20' OF 51, WHIPPLE SHORES, PID %25-117-24 21 0145, PZ CASE NO. 91-053 The vote was unanimously in favor. 1.16 CASE NO. 91-054: REQUEST FOR A VARIANCE - BUILDING HEIGHT FOR NEW ACCESSORY BUILDING AT 3021 BRIGHTON BLVD., LOTS 6 & BLOCK 15t ARDENt PID ~24-117-24 43 0007t FOR RICK JOSTROM. Building Official Jon Sutherland reviewed this with Council. The Planning Commission approved. Smith moved and Jensen seconded the following resolution: RESOLUTION %91-155 RESOLUTION TO APPROVE A BUILDING HEIGHT VARIANCE TO ALLOW AN ACCESSORY BUILDING TO EXCEED THE HEIGHT OF THE PRINCIPAL BUILDING AT 3021 BRIGHTON BLVD., LOTS 6 & 31, BLOCK 15, ARDEN, PID %24-117-24 43 0007, PZ %91-054 The vote was unanimously in favor. 1.17 CASE NO. 91-056: REQUEST FOR A FRONT YARD SETBACK AT 5200 PIPER ROAD, LOT it BLOCK 3t WHIPPLEt PID ~24-117-24 34 0001t FOR DARYL AND MERIT GEYEN. Building Official Jon Sutherland reviewed this request with Council. The Planning Commission recommended approval. Jessen moved and Smith seconded the following resolution: RESOLUTION %91-156 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING NONCONFORMING DWELLING AND TO ALLOW CONSTRUCTION OF A NONCONFORMING ADDITION AT 4200 PIPER ROAD, LOT 1, BLOCK 3, WHIPPLE, PID %24- 117-24 34 0001, PZ %91-056. The vote was unanimously in favor. Motion carried . COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT There were none. 198 198 October 22, 1991 1.18 DISCUSSION: DOCK LOCATIONS FOR THREE ABUTTING PROPERTIES ON DENBIGH ROAD. City Manager Ed Shukle stated that the Park Commission has recommended adding these three dock sites to the 1992 Dock Location map. The properties involved in this item are: Mark Hanus, 4446 Denbigh Road; Jack Cook, 4452 Denbigh Road and Sandra Konnad, 4458 Denbigh Road. The property in question is Lot 29, PID #19-117-23 24 0047, which is state tax forfeit land and the City has a park easement across it. Parks Director, Jim Fackler, stated when the linear footage of the Commons shoreline was measured for the 1974 Dock Locations map, this property, Lot 29, was included in the measurement. Discussion lead to how to classify this commons area. This section of commons could be classified as 'C' as there is a non traversable ditch blocking the public access for all but the three abutting properties. However, the classification could be 'B' as the ditch could be bridged, allowing outside access to this area, also allowing non-abutting residents to apply for these dock sites if the abutting property owners did not pay the dock fees. It was also noted that the shoreline had been modified in the past years by abutting property owners. Mark Hanus, Jack Cook and Casey Adams spoke with Council on this issue. Jessen moved and Smith seconded the following resolution: RESOLUTION #91-157 RESOLUTION TO AUTHORIZE THE PARK AND OPEN SPACE COMMISSION TO ADD DOCK SITE NUMBERS 33525, 3348? AND 33447 TO THE 1992 DOCK LOCATION MAP AS CLASS 'C' COMMONS AND REQUIRING THE APPROPRIATE DOCK FEES IN 1992. The vote was unanimously in favor. Motion carried. 1.19 APPLICATION TO CONTINUE THE USE OF AN EXISTING DECK STRUCTURE ON PUBLIC LANDS: SANDRA KONNAD, 4458 DENBIGH ROAD City Manager Ed Shukle stated the applicant is requesting approval to allow her deck to remain on public property which was constructed about 7 years ago under the assumption that it was private property. Sandra Konnad was present and discussed this with the Council. After much discussion, Mayor Johnson moved and Jensen seconded the following resolution: RESOLUTION #91-158 RESOLUTION TO ISSUE A CONSTRUCTION ON PUBLIC LANDS PERMIT FOR THE PORTION OF LOT 29, THAT IS MAINTAINED BY THE CITY OF MOUND, TO ALLOW THE EXISTING PRIVATELY OWNED DECK ENCROACHMENT FROM THE PROPERTY AT 4458 DENBIGH ROADv TO REMAIN UNTIL THE FOURTH TUESDAY OF OCTOBER 1993, WHEN THIS PERMIT EXPIRES AND ALL ENCROACHING October 22, 1991 199 STRUCTURES MUST BE REMOVED FROM LOT 29. The vote was unanimously in favor. Motion carried. 1.20 PUBLIC LAND PERMIT APPLICATION TO ALLOW LANDSCAPING AND PLANTINGS ON LAGOON PARK: NED PODANY, 6165 SINCLAIR ROAD. City Manager Ed Shukle stated that by request from Mr. Podany, this item had been removed from the agenda. 1.21 RESOLUTION LEVYING DEFERRED AND SUPPLEMENTAL ASSESSMENTS UPON WAIVER OF FORMALITIES; DIRECTING PREPARATION OF ABSTRACT; AND DIRECTING CERTIFICATION TO THE COUNTY AUDITOR. The City Manager stated that this was a water connection that was to be assessed to the property at PID #24-117-24 11 0015. Jessen moved and Jensen seconded the following resolution: RESOLUTION #91-159 RESOLUTION LEVYING DEFERRED & SUPPLEMENTAL ASSESSMENTS UPON WAIVER OF FORMALITIES: DIRECTING PREPARATION OF ABSTRACT; DIRECTING CERTIFICATION TO THE COUNTY AUDITOR LEVY #12303 - $1100.00 The resolution passed by a unanimous vote. 1.22 APPROVAL OF AN APPLICATION FOR AN OPERATIONS PERMIT AT 5310 SHORELINE DRIVE FOR WALTER G. ANDERSON CORPORATION. City Manager Ed Shukle stated that the applicant is seeking approval of an Operations Permit to establish a folding carton manufacturing business in space formerly occupied by Solarium Systems in the Balboa building. The proposed use falls within the category of Printing, Publishing and Allied Industries which is listed in Section 23.650.6 of the Mound Zoning Code as an allowable use by Operations Permit. The applicant's business does not propose any environmental hazards. Staff had recommended approval. Jessen moved and Jensen seconded the following resolution: RESOLUTION #91-160 RESOLUTION APPROVING AN OPERATIONS PERMIT FOR WALTER G . ANDERSON CORPORATION AT 5310 SHORELINE DRIVE. The vote was unanimously in favor. 1.23 REOUEST FOR A TEMPORARY OCCUPANCY PERMIT FOR KELVIN J. RETTERATH, FOR PROPERTY, LOT 3, BLOCK 1, LANGDON'S LANDINGt 200 October 22, 1991 200 2618 GROVE LANE. Building Official Jon Sutherland reviewed this item. The applicant is planning to build a new house and is seeking a temporary permit to allow a 14' by 66' mobile home to be placed on the subject property during construction. The applicant has not applied for a building permit. Staff is recommending denial of request as it is not consistent with the neighborhood and would have a negative impact. Two abutting property owners had sent letters requesting denial. Jim Crawford, 2608 Grove Lane and Sharon Ruud, 2638 Grove Lane were present and asked Council to deny this request. Council discussed. MOTION by Jessen, seconded by Jensen and carried unanimously to deny the request for a temporary occupancy permit for Kelvin J. Retterath for property at Lot 3, Block 1, Langdon,s Landing, 2618 Grove Lane. 1.24 BID AWARD: SNOW REMOVAL FOR CBD PARKING LOTS, 1991-1992. City Manager Ed Shukle updated Council on this item. Widmer, Inc. has the equipment needed to handle snow removal as the City needs. Ken Dehmer had lower rates, but not enough equipment to handle the snow removal. Staff recommended Widmer, Inc. Jensen moved and Ahrens seconded the following resolution: RESOLUTION %91-161 RESOLUTION TO AWARD THE BID FOR CBD SNOW REMOVAL FOR 1991-1992 TO WIDMER, INC., OF ST. BONIFACIUS, MN. The vote was unanimously in favor. 1.25 PROCLAMATION: MINNESOTA CHEMICAL HEALTH WEEK - NOVEMBER 8- 15~ 1991. city Manager Ed Shukle stated the purpose of Minnesota Chemical Health Week was to promote commitment to prevention in all segments of our community to reduce the problems associated with alcohol and other drug abuse. Smith moved and Ahrens seconded the following resolution: RESOLUTION %91-162 RESOLUTION DECLARING MINNESOTA CHEMICAL HEALTH WEEK - NOVEMBER 8-15, 1991. The vote was unanimously in favor. 1.26 APPROVAL OF COMPUTER SYSTEM UPGRADE AS RECOMMENDED BY CITY STAFF. October 22, 1991 201 John Norman, Finance Director, presented Council three possible ways to finance the purchase of computers/software, actual cost to be $60,112: 1) En%ire cos% could come from Capi%al Improvemen%m Balance - costing $60,112 2) Finance through a leasing company or bank for five years - costing $77,592 3) Finance cost from Capital Improvement Fund and repay with 6% interest over five years - costing $69,600 Council discussed and agreed on option #3, stating so in the body of the resolution. Repayment to the Capital Improvement Fund would be a line item on the Budget through 1997. Johnson moved, Smith seconded the following which carried unanimously: RESOLUTION 91-163 RESOLUTION AUTHORIZING THE PURCHASE OF A MUNICIPAL DATA PROCESSING SYSTEM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT 1.27 APPOINTMENT TO MOUND HRA TO FILL UNEXPIRED TERM OF PINKY CHARON City Manager Ed Shukle stated that Pinky Charon had resigned from the Mound HRA Board as she is now interim executive director of the HRA. Councilmember Ken Smith said he would fill the unexpired term. Jessen moved and Ahrens seconded the following resolution: RESOLUTION 91-164 RESOLUTION APPOINTING KEN SMITH TO THE MOUND HRA TO FILL THE UNEXPIRED TERM OF PINKY CHARON, WHICH DOES EXPIRE AUGUST 1992 The vote was unanimously in favor. 1.28 APPOINTMENT TO MOUND HRA TO FILL JIM REGAN'S EXPIRED TERM The city manager continued that Jim Regan had resigned from the HRA, his five year term expired August 1991. Pat Meisel had informed Ed that she would be interested in the position. Jensen moved and Johnson seconded the following resolution that was voted in favor unanimously: RESOLUTION 91-165 RESOLUTION APPOINTING PAT MEISEL TO THE MOUND HRA FOR A FIVE YEAR TERM, EXPIRING AUGUST 1996 202 October 22, 1991 202 1.29 REQUEST FOR FINAL PAYMENT TO BITUMINOUS ROADWAYS, INC. IN THE AMOUNT OF $39,135.47 City Manager Ed Shukle stated that the 1991 Seal Coat project was now complete and the company requested final payment of $39,135.47. MOTION by Ahrens, seconded by Jensen to approve final payment to Bituminous Roadways, Inc. in the amount of $39,135.47 for the 1991 Seal Coat project that is now completed. 1.30 PAYMENT OF BILLS MOTION by Jensen, seconded by Jessen, to authorize the payment of bills as presented on the pre-list in the amount of $265,892.09, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.31 EXECUTIVE SESSION - DAKOTA RAIL, INC. City Attorney Curt Pearson stated that there was no news on this issue. INFORMATION/MISCELLANEOUS September 1991 Financial Report as prepared by John Norman, Finance Director. B. Parks and Open Space Commission Minutes of October 10, 1991. C. Planning Commission Minutes of October 14, 1991. D. LMCD Mailings. Letter dated October 16, 1991 from acting mayor Edward Callahan, Jr., to LMCD, Re: Orono's position on final draft of LMCD Long Term Management Plan. Fe Notice from Regional Transit Board (RTB) regarding regional meetings on transit issues. Breakfast meeting is scheduled for Wednesday, October 30, 1991 from 7:30 AM to 9 AM, at the Holiday Inn West, St. Louis Park. Let Linda know ASAP if you wish to attend. Notice from Metropolitan Waste Control Commission (MWCC) on regional breakfast meeting scheduled for Tuesday, November 19, 1991, 7:30 AM. Canterbury Inn, Shakopee. Please let Linda know ASAP if you wish to attend. October 22, 1991 203 Je Notice on AMM Legislative Policy adoption meeting scheduled for Thursday, November 7, 1991, beginning at 4:30 PM, with a tour of the new Brooklyn Park city hall. Social hour begins at 5:30 Pm at Northland Inn, Brooklyn Park, Dinner at 6:30 PM, followed by a program. Please let Linda know ASAP if you wish to attend. Letter to Len Harrell, Police Chief, from the Hopkins Project Inc., a battered women and child shelter. Letter thanks officers Limond and Bostrom for their support and services that these two officers have provided. Notice of LMC Policy Adoption meeting scheduled for Thursday, November 21, 1991 at the Registry Hotel. Let Linda know ASAP is you wish to attend. MOTION by Smith, seconded by Ahrens and carried unanimously to adjourn the meeting at 10:40. E~Qar~d J. Shukle, Jr. BILLS OCTOBER 22, 1991 BATCH 1101 $111,678.42 BATCH 1102 154,213.67 TOTAL BILLS 265,892.09