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1981-08-0495 REGULAR MEETING OF THE CITY COUNCIL August 4, 1981 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 5341Maywood Road in said City on August 4, 1981 at 7:30 P.M. Those present were: Mayor Rock Lindlan, Councilmembers Gordon Swenson, Robert Polston, Pinky Charon and Donald Ulrick. Also present were City Manager Jon Elam, City Attorney Curtis A. Pearson, Assistant City Engineer John Cameron and Acting City Clerk Marjorie Stutsman. MINUTES The minutes of the meeting of July 28, 1981 were presented for consideration. Correct vote on Resolution 81-236 to 4 in favor with Polston voting nay. Swenson moved and Ulrick seconded a motion to approve the minutes of July 18, 1981 as corrected. The vote was unanimously in favor. PUBLIC HEARINGS Street Vacatipns - Stirlin9 Road from Tuxedo Boulevard to Ayr Lane and Ayr L.ane from Stirlin9 Road to Island View Drive The Acting City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said street vacations. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for input on said vacations and persons present to do so were afforded an opportunity to ex- press their views thereon. The following persons offered comments or questions: 1) Alvin Besse, 3101 Tuxedo Boulevard, 2) Lois Brown, 3184 Tuxedo Boulevard and 3) Richard Baanruud, 3135 Ayr Lane. The Mayor then closed the public hearing. Ulrick moved and Lindlan seconded a motion RESOLUTION 81-246 TO ADOPT A RESOLUTION VACATING STREET PORTION OF STIRLING ROAD AND AYR LANE PETITIONED FOR, BUT TO RETAIN THE UTILITY EASEMENTS The vote was three in favor with Polston and Charon voting nay. cooperate The Council directed that the City Manager wcrr~ with neighbors <~-~e ~~-~s~r~l~ in restoring the area. Delinquent Utility Bills The Mayor opened the public hearing for input on said list of delinquent utility bills and persons present to do so were afforded an opportunity to express their views thereon. No persons responded and the Mayor then closed the public hearing. Swenson moved and Charon seconded a motion to direct Staff to discontinue water service to the delinquent utility accounts on the list. The vote was unanimously in favor. August 4, 1981 COUNTY STATE AID PROJECT - HIGHWAY NO. 125 A1 Herzog of Hennepin County answered questions on costs, County policy on sharing of costs, easements and Johnson's driveway problem - driveway as far south as Johnson's property extends. Construction Cooperative Agreement Polston moved and Charon seconded a motion RESOLUTION 81-247 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO EXECUTE CONSTRUCTION COOPERATIVE AGREEMENT PW 30-06-81 The vote was unanimously in favor. Non-Encroachment Agreement Polston moved and Charon seconded a motion RESOLUTION 81-248 RESOLUTION TO ADOPT RESOLUTION APPROVING NON-ENCROACH- MENT AGREEMENT AND AUTHORIZE AMENDMENT FOR MAYOR AND CITY MANAGER TO EXECUTE AGREEMENT The vote was unanimously in favor. Plans and Specifications Charon moved and Polst°n seconded a motion RESOLUTION 81-249 TO ADOPT A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR HENNEPIN COUNTY PROJECT 7586 The vote was unanimously in favor. The Mayor requested that the County Surveyor implant on that bridge a certified marker for take off point for surveys (a property corner). COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT Jerry Longpre of Mound Retail Council brought up their concerns for downtown phase of County 110 construction: Consider 2 (8 hr) shifts to speed con- struction; asked delay in ripping up sidewalks until absolutely necessary - follow some logical sequence; keep Highway 15 open to Commerce - perhaps have some angle parking on 15 there. Polston moved and Ulrick seconded a motion to direct a request to Hennepin County and Contractor urging that they go to 2 (8 hr.) shifts to expedite downtown construction to meet deadlines. The vote was unanimously in favor. The Council asked the City Manager to write School District and request them to support a ~m~ motion/to facilitate the me¥~ of 3000 school children. in or~er busing Swenson moved and Ulrlck seconded a motion to, if at all possible, on County Road 15 to Commerce (from Post Office west), allow angle parking so they can park and shop. (Block off at bypass over the railroad tracks and behind Post Office.) The vote was unanimously in favor. 97 August 4, 1981 STREET ASSESSMENTS QUESTIONS Discussed: 1) Estimated Seahorse Assessment and criteria for figuring it. Use 3/4 unit for calculating. Council ordered an appraisal of Seahorse values made before and after construction. Market value would be based on benefit. Same criteria should be used for calculating units on Grandview Apartments. 2) Day Care Center - What criteria should be used on deter- mining units - use zoning to determine number of units - estimate of 4 per this site due to topography. 3) Shirley Hills School - Property previously assessed - discussed and no consensus arrived at. The Engineer requested rationale to use for various criteria - number of units to use - base on zoning? or. Polston suggested that the City Manager, Engineer and Attorney go over questions/criteria and bring back options at another meeting. Attorney thought rationale should be determined. Ulrick moved and Swenson seconded a motion RESOLUTION 81-250 A RESOLUTION DIRECTING ENGINEER TO PREPARE PRELIMINARY ASSESSMENT ROLLS FOR 1980 STREET IMPROVEMENT PROJECT The vote was unanimously in favor. Discussed projects to be assessed this year: 1980 Street Improvement Tuxedo and Three Points MSA Street Improvements C.B.D. - Questioned whether Engineer to do. County Road 110 including street lights to be held off until winter sometime TENNIS COURTS - BROOKTON PARK Discussed considering including tennis court (about $25,000) at Brookton Park as a use of revenue sharing funds (public hearing to be set). Also consider softball field and basketball court - have Staff look at design, size and costs. WARNER LANE STORM SEWER - DRAINAGE (Uncompleted 1980 Project) Ulrick moved and Charon seconded a motion RESOLUTION 81-251 RESOLUTION TO DIRECT STAFF TO CONTINUE TO NEGOTIATE AND ATTEMPT TO GO FORWARD WITH DEVELOPMENT OF STORM SEWER PROJECT; IN EVENT PROPERTY OWNER DOES NOT WISH PROJECT, HAVE HIM GIVE SAID NOTICE IN WRITING The vote was four in favor with Swenson @b~@$~$~§.absent. AMENDMENTS TO URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT & BLOCK GRANTS Polston moved and Charon seconded a motion RESOLUTION 81-252 RESOLUTION TO PROVIDE FOR PUBLIC HEARING TO BE HELD AUGUST 25TH AT 7:30 P.M. ON PROPOSED AMEND- MENTS TO C.D.B.G. FOR PROJECT YEARS IV, V, VI and VII August 4, 1981 98 The vote was unanimously in favor. HOUSING & REDEVELOPMENT.AUTHORITY APPOINTMENT Polston moved and Ulrick seconded a motion RESOLUTION 81-253 TO ADOPT A RESOLUTION REAPPOINTING JIM REGAN TO THE BOARD OF COMMISSIONERS OF THE HOUSING & REDEVELOPMENT AUTHORITY TO A TERM EXPIRING AUGUST 29, 1986 The vote was unanimously in favor. LEGAL AGREEMENT - BUD NOLAN Swenson moved and Charon seconded a motion RESOLUTION 81-254 RESOLUTION AUTHORIZING MAYOR AND MANAGER TO EXECUTE AGREEMENT The vote was unanimously in favor. FIRE STATION PAYMENT Polston moved and Charon seconded a motion to approve final payment for Fire Station Addition in the amount of $5,000 to Earl Weikle and Sons, Inc. The vote was unanimously in favor. RESTRICTIVE COVENANT CHANGE Polston moved and Swenson seconded a motion RESOLUTION 81-255 RESOLUTION DENYING REQUEST FOR CHANGE OF RESTRICTIVE COVENANTS - LOT 11, BLOCK 15, ARDEN TO LOT 25 AND 1/2 OF LOT 26, BLOCK 15, ARDEN The vote was four in favor with Lindlan voting nay. TONKA TOYS PARKING REQUEST No parking authorized in 1970; no action needed. HIGHWAY 110 PROJECT WATERMAIN Charon moved and Swenson seconded a motion RESOLUTION 81-256 RESOLUTION ACCEPTING QUOTES FOR SEWER REPAIR FROM WIDMER & JEDLICKI AND ACCEPTING THE LOW QUOTE OF WIDMER BROS. IN THE AMOUNT OF $3,500 FOR REPAIR OF SEWER IN CONJUNCTION WITH COUNTY ROAD 110 WATERMAIN PROJECT The vote was unanimously in favor. 99 August 4, 1981 LEGAL STATEMENT PAYMENT - WURST, CARROLL & PEARSON Charon moved and Ulrick seconded a motion to approve payment of $14,745.O0 for legal statement of Wurst, Carroll & Pearson for period from April 1 to June 30, 1981. The vote was unanimously in favor. MOUND/SPRING PARK WATER INTERCONNECTION PAYMENT Charon moved and Swenson seconded a motion to authorize final payment of $13,439.53 to Widmer Bros. for Mound-Spring Park water interconnection. The vote was unanimously in favor. REFUND DOCK FEES Swenson moved and Charon seconded a motion to authorize payment of refund of dock fees as submitted on List #3, total amount $137.50. The vote was unani- mously in favor. TREE REBATE PAYMENT Ulrick moved and Charon seconded a motion to authorize payment for removal of diseased trees, List #19 for a total amount of $1,392.OO. The vote was unanimously in favor. REVENUE SHARING PUBLIC HEARING Charon moved and Polston seconded a motion RESOLUTION 81-257 RESOLUTION PROVIDING FOR PUBLIC HEARING ON USE OF REVENUE SHARING FUNDS IN 1982 TO BE HELD AUGUST 25, 1981 AT 7:30 P.M. The vote was unanimously in favor. PROCLAMATION - "LITTLE LEAGUE WEEK'l Swenson moved and Polston seconded a motion RESOLUTION 81-258 RESOLUTION APPROVING ISSUANCE OF PROCLAMATION DE- CLARING AUGUST 3 THROUGH AUGUST 8, 1981 "LITTLE LEAGUE WEEK" The vote was unanimously in favor. SUPPLEMENT NO. 1 TO AGREEMENT NO. PW 02-O6-81 Charon moved and Ulrick seconded a motion RESOLUTION 81-259 RESOLUTION AUTHORIZING MAYOR AND MANAGER TO SIGN A SUPPLEMENT NO. 1 TO AGREEMENT NO. PW O2-O6-81 WITH HENNEPIN COUNTY FOR CSAH 110 The roll call vote was four in favor with Polston abstaining. August 4, 1981 BID - COUNTY ROAD 110 STREET LIGHTS Swenson moved and Charon seconded a motion RESOLUTION 81-260 100 RESOLUTION TO ACCEPT THE BIDS FOR FURNISHING AND INSTALLING STREET LIGHTS AND AWARD THE CONTRACT TO THE LOW BIDDER, COLLINS ELECTRIC, IN THE AMOUNT OF $60,470.40 The vote was four in favor with Polston voting nay. CHANGE ORDER NO. 3 - 1980 STREET IMPROVEMENT - SECTION 2 Piper Road Drainage Ulrick moved and Swenson seconded a motion RESOLUTION 81-261 RESOLUTION APPROVING CHANGE ORDER NO. 3 TO THE 1980 STREET IMPROVEMENT PROJECT - SECTION 2 - IN THE AMOUNT OF $2,642.00 The vote was unanimously in favor. Engineer reported curb cuts for Super Valu Parking Lot Plan as recommended by Downtown Advisory Committee are alright. Location of one light standard had to be changed. BOND ISSUE FOR STREET LIGHTS Ulrick moved and Swenson seconded a motion RESOLUTION 81-262 RESOLUTION AUTHORIZING CITY ATTORNEY AND CITY MANAGER TO BEGIN TO NEGOTIATE SALE OF BONDS FOR STREET LIGHTS ON CSAH 110 The vote was four in favor with Polston voting nay. SEAL COATING Swenson moved and Charon seconded a motion RESOLUTION 81-263 RESOLUTION AUTHORIZING ADVERTISING FOR BIDS TO BE OPENED AUGUST 25, 1981 FOR SEAL COATING, AMOUNT NOT TO EXCEED $20,000, AND TO DEVELOP AN EMERGENCY PLAN TO BE READY AT NEXT MEETING The vote was unanimously in favor. PAYMENT OF BILLS Swenson moved and Polston seconded a motion to approve payment of the bills as presented on the prelist in the amount of $42,762.36 when funds are available. The roll call vote was unanimously in favor. 101 August 4, 1981 SEWER AND WATER SERVICE STEVEN CODDEN PROPERTY Swenson moved and Ulr|ck seconded a motion RESOLUTION 81-264 RESOLUTION TO ACCEPT LOW BID OF WIDMER BROS. IN AMOUNT OF $4,350 FOR WATER AND SEWER SERVICE TO PROPERTY LINE OF CODDEN PROPERTY AND AMOUNT TO BE ASSESSED AS PART OF COUNTY ROAD 110 PROJECT SUBJECT TO STIPULATION RECOMMENDED BY ATTORNEY THAT OWNER SIGN STATEMENT THAT APPROVAL OF SEWER AND WATER PROJECT DOES NOT IMPLY APPROVAL OF PROPOSED USE OF PROPERTY The vote was four in favor with Swenson voting nay. ELAM FAMILY WELCOME DAY Polston moved and Charon seconded a motion to designate August 19th as Elam Family Welcome Day in Mound at St. John's Lutheran Church from 7-9 P.M. with the public invited. The vote was unanimously in favor. ADJOURNMENT Swenson moved and Charon seconded a motion to adjourn to the next regular meeting on August 11, 1981 at 7:30 P.M., so adjourned. i ty Manager I~arjor~e Stut~an, Acting City Clerk BILLS ..... AUGUST 4, 1981 Applebaum's Burlington Northern Butler Paper Gayle Burns Holly Bostrom Robert Cheney Continental Telephone Dixco Engraving Diseased Tree Rebates Dock Refunds Dorothy DeLaney George M. Hansen Co. Jones Chemicals Indep. School Dist #277 J & R Radiator Corp Kromer Co. Kelley & Kelley Inc. Leslie Paper The Laker Mound Postmaster Planning & Develop. Serv Lois Sandquist Stevens Well Drilling Thrifty Snyder Drug Unitog Village Chevrolet Westonka Sanitation Waconia Farm Supply Widmer Bros. Wurst, Carroll & Pearson R.L. Youngdahl & Assoc 16.74 533.33 120.78 18.23 256.75 334.OO 179.40 6.5O 1,392.OO 137.50 4O.59 1,1OO.OO 166.OO 45.OO 278.91 14.03 35O.5O 106 26 125 63 92 07 312 O0 19 O0 6,900 OO 5 46 307 80 23O 75 65.OO 30.60 13,439.53 14,745.OO 1,393.OO TOTAL BILLS 42,762.36 TRANSFERS Street to Imp & Equip Outlay 1,666.66 Park " " " 333.33 Finance" " " 80.17 Elections " " " 25.00 Diseased Trees " " 176.66 Sewer " " " 375.00 Water " " " 416.67 Cemetery ,i i, ,, 25.00 Street to Shop & Stores 152.12 Sewer " II II 50.34 Water '~ " " 52.03 Parks " II II 87.47 Bldg Inspect." " 84.79 Police" " " 403.00 Liquor to General 2,000.00