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1980-10-14123 REGULAR MEETING OF THE CITY COUNCIL October 14, 1980 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota was held at 5341 Maywood Road in said City on October 14, 1980 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Robert Polston, Donald Ulrick and Gordon Swenson. Also present were Acting City Manager Mary H. Mar- ske and City Engineer William McCombs. MINUTES The minutes of the meeting of October 7, 1980 were presented for consideration. Swenson moved and Ulrick seconded a ~motion to approve the minutes of the meeting of October 7, 1980 as submitted. The vote was unanimously in favor. PLANNING COMMISSION MINUTES Side Yard Variance - Lot 7, Block 2, Mound Terrace Polston moved and Lovaasen seconded a motion RESOLUTION 80-387 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION DENYING THE SIDE YARD VARIANCE BUT ALLOWING AN ALTERNATIVE. The vote was unanimously in favor. Councilmember Withhart arrived at 7:35 p.m. and voted on the variance. Subdivision of Land, Lots 14..,.. 15 and 16, Auditor's Subdivision 168 Polston moved and Swenson seconded a motion RESOLUTION 80-388 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION. The vote was unanimously in favor. Subdivision of Land - Lots 31, 32, 53 & 54, Subdivision of Lots 1 & 32, Skarp and Lindquist's Rav~nswood Swenson moved and Ulrick seconded a motion RESOLUTION 80-389 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION OF LAND The vote was unanimously in favor. Nonconforming Use - Lot 11, Block 3, Shirley Hills Unit B Withhart moved and Swenson seconded a motion RESOLUTION 80-390 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE EXPANSION OF A NONCONFORMING USE. The vote was unanimously in favor. Rear Yard Variance - Lots 4, 5 & 6, Block 27, Wychwood Ulrick moved and Lovaasen seconded a motion RESOLUTION 80-391 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE REAR YARD VARIANCE DUE TO A PLATTING HARDSHIP The vote was unanimously in favor. 124 October 14, 1980 Lovaasen moved and Swenson seconded a motion to refer this to the attorney to determine if a variance was necessary. If the variance was not necessary a refund should be made. The vote was unanimously in favor. Street Vacation of Cavan Road Between Clare and Tyrone Polston moved and Withhart seconded a motion RESOLUTION 80-392 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING THE VACATION OF CAVAN ROAD BETWEEN CLARE AND TYRONE TO BE HEARD ON NOVEMBER 12, 1980 AT 7:30 P.M. The vote was unanimously in favor. Nonconforming Use - Lots 5 & 6, Block 14, Devon Ulrick moved and Withhart seconded a motion RESOLUTION 80-393 RESOLUTION TO APPROVE A TWO FOOT SIDE YARD VARIANCE DUE TO A HARDSHIP REGARDING THE LOCATION OF A UTILITY EASEMENT ON THE PROPERTY. The vote was unanimously in favor. Street Front Variance - Lots 10, E. ½ of 11, & N. 43 ft. of 24, Block 26, Wychwood Swenson moved and Withhart seconded a motion RESOLUTION 80-394 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE A STREET FRONT VARIANCE. The vote was unanimously in favor. Nonconforming Use - Lots 1, 2 & 3, Block 4, Shadywood Point Lovaasen moved and Swenson seconded a motion RESOLUTION 80-395 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION WITH THE STIPULATION THAT THE DECK NEVER BE ENCLOSED AND DUE TO A TOPOGRAPHICAL AND PLATTING HARDSHIP. The vote was unanimously in favor. CITIZEN'S REQUEST RELATIVE TO FIRE STATION EXPANSION Lovaasen moved and Swenson seconded a motion to direct the engineer to correct the drainage problem by constructing a concrete curb and paint the structure an earth tone and possibly include some plantings to the south. The vote was unanimously in favor. PARKING LEASE Swenson moved and Withhart seconded a motion to table this item. The Council requested the attorney review this item and the parking problems of the entire area. The vote was unanimously in favor. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Jim Paradise, Lake Area Sports Center Association requested the Council call a special meeting on October 16, 1980. ASSESSMENTS ON STATE OWNED LAND Withhart moved and Swenson seconded a motion RESOLUTION 80-396 RESOLUTION DETERMING TOTAL AMOUNTS THAT WOULD HAVE BEEN ASSESSED AGAINST CERTAIN PARCELS OF TAX FOR- FEITED LANDS IF SUCH PROPERTIES WERE SUBJECT TO ASSESSMENT AT THE TIME OF DETERMINATION BY THE CITY COUNCIL OF THE AMOUNTS TO BE ASSESSED IN THE MATTER BILLS ..... OCTOBER 14, 1980 Advance Ambulance 87.42 F.H. Bathke 9.90 Ronald Bostrom 38.75 Buffalo Bituminous 400,653.26 Robert Cheney 334.00 Conway Fire & Safety 1,618.74 Bill Clark Oil 6,216.04 Don David Ins. 165.00 Duane's 66 52.60 Carl Engelke 12.50 Easement Checks (8) 8.00 Judy Fisher 16.68 General Office Prod 17.52 Hardrives, Inc. 445,424.00 ,, ,, 29,693.28 Ken Johnson Printing 29.05 LOGIS 1,570.77 Brad Landsman 21.40 Mound Postmaster 300.00 Metro Waste Control 420.75 Mound Fire Dept 5,084.00 Mound Super Valu 40.88 Wm. Mueller 864.85 NW Bell Telephone 60.30 No. Star Waterwork 66.74 Robert Shanley 58.52 U.S. Civil Defense Council 33.00 Eagle Wine 356.65 Griggs, Cooper 1,308.73 ,, ,, 863.64 Johnson Bros. Liquor 2,741.02 ,, ,, ,i 1,482.23 Griggs, Cooper 145.72 MN Distillers 894.40 Old Peoria 844.25 ,, " 771.59 ,i ,, 294.93 Ed Phillips & Sons 1,502.11 ,, ,, ,, 189.81 ,, ,, " 972.93 TOTAL BILLS 905,265.96 October 14, 1980 OF THE IMPROVEMENTS NAMED IN THE FOLLOWING SCHEDULE: DIRECTING THE CITY CLERK TO PREPARE AN ABSTRACT SHOW- lNG THE DESCRIPTION OF EACH PARCEL OF LAND FORFEITED TO THE STATE FOR NON-PAYMENT OF TAXES AND THE TOTAL AMOUNT THAT WOULD BE ASSESSED AGAINST EACH PARCEL IF IT WERE SUBJECT TO ASSESSMENT, AND DIRECTING SAID CITY CLERK TO CERTIFY THE SAME TO THE COUNTY AUDITOR PUR- SUANT TO THE PROVISIONS OF MINNESOTA STATUTES 282.01, SUBD. 4. The vote was unanimously in favor. ELECTION JUDGES Swenson moved and Polston seconded a motion RESOLUTION 80-397 RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE GENERAL ELECTION ON NOVEMBER 4, 1980 AS SUBMITTED BY THE CITY CLERK. The vote was unanimously in favor. STREET CONSTRUCTION Avocet Lane Lovaasen moved and Withhart seconded a motion RESOLUTION 80-398 RESOLUTION AUTHORIZING THE CONSTRUCTION OF A RE- TAINING WALL AT 1738 AVOCET LANE AT THE COST OF $900. The vote was unanimously in favor. Hishland Boulevard Ulrick moved and Polston seconded a motion to direct this matter to the City Attorney for possib]e solution to be considered at the special meet- ing on Thursday, October 16, 1980. The vote was unanimously in favor. Waterbury Road Ulrick moved and Withhart seconded a motion to direct the engineer to re- quest the attorney to proceed with condemnation if an easement is not obtained on Lot 7, Block 20, Whipple. The vote was unanimously in favor. Roxbury Lane Ulrick moved and Swenson seconded a motion to construct Hanover at Roxbury with an apron at the intersection and no bituminous surface on Roxbury north of Hanover. The vote was unanimously in favor. Ed~ewater Drive The following person offered comments or questions: E. W. Eklof, 2040 Arbor; Henry Stasik, 2028 Arbor; Clyde Wallin, 2003 Arbor; Audrey Luse, 2017 Arbor; Jerry Jenson, 2044 Arbor and Jim Whitesell, 4916 Edgewater. Polston moved and Withhart seconded a motion to direct the engineer to proceed with the construction of Edgewater and that it be reviewed within sixty days by the Council. The vote was unanimously in favor. WATER AND SEWER RATES Lovaasen moved and Withhart seconded a motion to change the winter quarter designation on Cycle #2 utility billing from January 15 - April 14 to Oct- ober 15 - January 14. The vote was four in favor with Ulrick abstaining. Lovaasen moved and Withhart seconded a motion that effective immediately all sewer bills be computed on the basis of the winter quarter water consumption. The vote was unanimously in favor. Lovaasen moved and Swenson seconded a motion to adjust the high sewer bills of Cycle #2 and credit the effected accounts. The vote was four in favor with Ulrick abstaining. 125 October 14, 1980 CITIZENS ADVISORY COMMITTEE MEMBERSHIP Swenson moved and Lovaasen seconded a motion RESOLUTION 80-399 RESOLUTION TO REAPPOINT ALAN OLSON TO THE URBAN HENNEPIN COUNTY CITIZEN ADVISORY COMMITTEE. The vote was unanimously. EQUIPMENT SPECIFICATIONS Swenson moved and Ulrick seconded a motion RESOLUTION 80-400 RESOLUTION APPROVING THE SPECIFICATIONS FOR A DUMP BODY, SNOW PLOW WING AND UNDER TAIL GATE SANDER AND AUTHORIZE ADVERTISING FOR BIDS. The vote was unanimously in favor. EQUIPMENT OPERATORS AND MAINTENANCE MEN UNION CONTRACT Swenson moved and Withhart seconded a motion RESOLUTION 80-401 RESOLUTION AUTHORIZING THE MAYOR AND ACTING CITY MANAGER TO SIGN THE THREEE YEAR EMPLOYMENT AGREEMENT WITH THE EQUIPMENT OPERATORS AND MAIN- TENANCE MEN. The vote was unanimously in favor. MAXI ENERGY AUDIT Polston moved and Ulrick seconded a motion RESOLUTION 80-402 RESOLUTION AUTHORIZING THE MAXI ENERGY AUDIT WITH THE STIPULATION THAT IT BE DONE ONLY IF FUNDING IS GUARANTEED. The vote was unanimously in favor. PAYMENT OF BILLS Polston moved and Withhart Seconded a motion to approve the payment of the bills as presented on the prelist in the amount of $905,265.96 when funds are available. Roll call vote was unanimously in favor. PLANNING COMMISSION APPOINTMENT Lovaasen moved and Withhart seconded a motion RESOLUTION 80-403 RESOLUTION APPOINTING FRANK WEILAND TO SERVE ON THE PLANNING COMMISSION. The vote was unanimously in favor. PLANNING COMMISSION COUNCIL LIASON Polston moved and Withhart seconded a motion RESOLUTION 80-404 RESOLUTION APPOINTING COUNCILMEMBER SWENSON AS COUNCIL LIASON TO THE PLANNING COMMISSION. The vote was unanimously in favor. ADJOURNMENT Swenson moved and Polston seconded a motion to adjourn to a special meeting on October 16, 1980 at 7:30 p.m. following the Planning Commission meeting. The vote was unanimously in favor, so adjourned. Mary'H.~Marske, City Clerk/Treasurer rske, Acting City Manager