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1982-07-27 ~53 July 27, 1982 REGULAR MEETING OF THE CITY COUNCIL 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 July 27, 1982, at 7:30 P.M. Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert Polston and Gordon Swenson. Councilmember Donald Ulrick was absent and excused. Also present were: City Manager Jon Elam, City Clerk Fran Clark and the following interested persons: Jim Paradise, Willard Botko, Ronald Cloud, Earl Lindskoog, Margaret and Bob Hanson, Gary Paulsen, Ron Gehring, Patzy D-Aviza. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the Special Meeting of July 20, 1982, were presented for consideration. The Mayor had two corrections. One on page 147, Jim Stark is the State Tournament Director. One on page 149 under Comments & Suggestions should read, "Stan Drahos voiced his approval of the City Council decision on the Surfside matter and stated more citizens should support the Council." Polston moved and Charon seconded a motion to approve the Minutes of the July 20, 1982, Special Meeting as corrected. The vote was unanimously in favor. Motion carried. PUBLIC HEARING DELINQUENT UTILITY BILLS Mayor Lindlan opened the public hearing for input on any of the delinquent utility bills from persons present. Hearing no objections or comments, he closed the public hearing. Polson moved and Charon seconded the following resolution. RESOLUTION #82-204 RESOLUTION APPROVING THE DELINQENT UTILITY BILLS IN THE AMOUNT OF $3,056.25 AND AUTHORIZING THE STAFF TO SHUTOFF WATER SERVICE FOR THESE DELINQUENT ACCOUNTS The vote was unanimously in favor. Motion carried. PLANNING COMMISSION ITEMS A. SET DATE FOR PUBLIC HEARING - CONDITIONAL USE PERMIT FOR ARCADE Bo The City Manager reported the the applicant has withdrawn his application for the Conditional Use Permit for an arcade at 5559 Shoreline Blvd. He recommended refunding the applicants $100.00 because the City has not incurred any costs. Mayor Lindlan moved and Councilmember Swenson seconded a motion to authorize a refund of $100.00 to Rodney W. Storrusten. The vote was unanimously in favor. Motion carried. PRELIMINARY SUBDIVISION/LOT SPLIT - WILLARD d. BOTKO - LOTS 1, 2, 3, &4, BLOCK 8, ABRAHAM LINCOLN ADD'N TO LAKESIDE PARK The City Manager explained that with this lot split both lots will be 154 July 27, 1982 ~ in excess of lO,O00 square feet and will be conforming. The Planning Commission has recommended approval of the subdivision dividing Lot 1 and part of Lot 2 away from the other part of Lot 2 and Lots 3 and 4; making parcels a minimum depth of 80 feet. There were also recommendations by the Building Inspector as follows: 1. Submit a new survey with required legal descriptions, resetting of property monuments, and lot sizes in square footage. 2. The location of utilities servicing the existing structure and topography of the site be placed on the survey. 3. Any additional unit charges be assessed against the newly created site. 4. The present structure be placed on the survey. 5. Signatures of all the owners of the property be submitted. 6. Failure on the part of the petitioner to submit a final plat of the lot-split per Section 22.13 within one year from the date of this approval shall deem the preliminary approval null and void, unless a written extension is applied for and approved. Swenson moved and Charon seconded the following resolution. RESOLUTION #82-205 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND APPROVE THE PRELIMINARY SUBDIVISION/LOT-SPLIT - LOTS 1, 2, 3, & 4, BLOCK 8, ABRAHAM LINCOLN ADD'N TO LAKESIDE PARK The vote was unanimously in favor. Motion carried. C. SIDE YARD VARIANCE - RONALD T. CLOUD - LOT 46, WHIPPLE SHORES Mr. Cloud was present and explained that he purchased the home on a trade and wants to replace the fenced area with a 2½ car garage with living space above. The City Manager explained that the Planning Commission has recommended approval of side yard variance with the stipulation that the addition doesn't encroach any closer on rear yard property line than it presently does. The Council asked that a new survey be submitted before a Building Permit is issued. Swenson moved and Charon seconded the following resolution. RESOLUTION #82-206 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND APPROVE THE SIDE YARD VARIANCE AS REQUESTED - LOT 46, WHIPPLE SHORES - SUBJECT TO A NEW SURVEY BEING SUBMITTED BEFORE A BUILDING PERMIT IS ISSUED AND RECOGNIZING THE EXISTING NON-CONFORMANCIES. The vote was unanimously in favor. Motion carried. 155 July 27, 1982 D. FRONT YARD VARIANCE - EARL R. LINDSKOOG ' LOT 49, PHELPS PARK 1ST DIVISION Mr. Lindskoog was present and explained that he is requesting this variance so he can build an 18 foot 6 inch by 24 foot 4 inch attached garage. It will be within 8 feet of his front property line. The entrance to the garage would be from the south. The CitY Manager explained that the Planning Commission has recommended approval of this street front variance. Polston moved and Swenson seconded the following resolution. RESOLUTION #82-207 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND APPROVE THE FRONT YARD VARIANCE ON LOT 49, PHELPS PARK 1ST DIVISION BECAUSE OF AN EXTREME TOPOGRAPHY HARDSHIP The vote was unanimously in favor. Motion carried. DAC REPORT - DOWNTOWN COMMERCIAL REHABILITATION LOAN PROGRAM, POLICIES AND PROCEDURES The City Manager reported that this is the Downtown Advisory Committee's recommended Downtown Commercial Rahabilitation Loan Program, Policies and Procedures. This recommendation would be the general guidelines for using the HUD money for downtown rehabilitation. The Council discussed the recommended policies and procedures. The Mayor questioned the length of the loan time stating that he thought the loans should not exceed 10 years. Swenson moved and Polston seconded that following resolution. RESOLUTION #82-208 RESOLUTION APPROVING THE DOWNTOWN COMMERCIAL REHABILITATION LOAN PROGRAM, POLICIES & PROCEDURES AS PRESENTED The vote was unanimously in favor. Motion carried. The City Manager explained that along with approving this program the Council would need to appoint a Loan Qualification Committee. Polston moved and Swenson seconded the following resolution RESOLUTION #82-209 RESOLUTION SETTING'UP AND APPOINTING PAUL POND, RUSSELL PETERSON AND JON ELAM AS THE LOAN QUALIFICATION COMMITTEE Swenson moved and Charon seconded the following amendment the Resolution 82-220: ADDING THAT IF EITHER PAUL POND OR RUSSELL PETERSON COULD NOT ACCEPT THE APPOINTMENT, THE CITY MANAGER COULD REPLACE WITH SOMEONE ELSE The vote on the amendment was unanimously in favor. Amendment carried. The vote on the original resolution was unanimously in favor. Motion carried. 156 July 27, 1982 The Mayor emphasized the importance of all Councilmembers attending the Downtown Advisory Commmittee Meeting, July 28, 1982, to go over the entire downtown plan with the business people and the community in general. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked for any comments or suggestions from citizens present. There were none. BID APPROVAL - WELL #8 ON ISLAND PARK The City Manager explained that bids were received today for Well #8 on Island Park. 3 bids were received: 1. Kaderlik Well Co. A & B - No Bid A & C - $54,117.25 2. Keys Well Drilling A & B - $51,440.00 A & C - No Bid 3. E.H. Renner & Sons A & B - $45,710.OO A & C - $36,896.00 The Engineer has recommended approval of the low bidder E. H. Renner & Sons in the amount of $36,896.00. Swenson moved and Charon seconded the following resolution. RESOLUTION #82-210 RESOLUTION ACCEPTING THE LOW BID OF E.H. RENNER & SONS IN THE AMOUNT OF $36,896.00 FOR WELL NO 8 AND AUTHORIZING THE PREPARATION OF THE NECESSARY CONTRACT DOCUMENTS The vote was unanimously in favor. Motion carried. SPORTS CENTER APPLICATIONS - 3.2 BEER PERMIT AND SET-UP PERMIT The City Manager reported that Ind. School Dist #277 and Ind. School District #278 have both submitted letters to the City regarding beer and set-ups being allowed in the Pond Sports Arena for fund raising events. School Dist. #277 did not object to the granting of a permit for August 6, 1982. School Dist. #278 was not in favor of the City issuing permits for the sale of intoxicating beverages in the Arena. Swenson moved and Polston seconded the following resolution. RESOLUTION #82-211 RESOLUTION APPROVING THE ISSUANCE OF A CHARITABLE ORGANIZATION 3.2 BEER PERMIT AND A CHARITABLE ORGANIZATION I DAY SET-UP PERMIT TO THE WESTONKA SPORTS CENTER ASSOCIATION, INC. FOR AUGUST 6, 1982 The vote was unanimously in favor. Motion carried. 157 July 27, 1982 FINAL PAYMENT REQUEST - COUNTY ROAD llO PROJECT The City Manager explained that this is the final payment request for the County Road 110 Project and the total City share is $15,728.90. Swenson moved and Charon seconded a motion to approve the fina['payment for the County Road 110 Project in the amount of $15,728.90. The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING ON PROPOSED REQUEST FOR PROPOSALS - CABLE T.V. FRANCHISE The City Manager explained that this proposed Request for Proposals (RFP) is the product of the Cable T.V. Committee and their Consultant Tom Creighton. He briefly went over the highlights of the proposal and the time schedule. The next step is to set up a community Public Hearing on the RFP. Swenson moved and Polston seconded a motion to set the date for the Community Public Hearing on the Request for Proposals for August 17, 1982, at 7:30 P.M. in the Shirley Hills School Little Theater. The vote was unanimously in favor. Motion carried. Mayor Lindlan moved and Councilmember Swenson seconded a motion directing the City Manager to write a letter to the Cable T.V. Committee commending them for the outstanding job they have done in such a short period of time. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS Swenson moved and Charon seconded a motion to approve the payment of bills as presented on the pre-list in the amount of $282,410.82, when funds are available. Roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Minnehaha Creek Watershed District Proposal for Modification of Headwaters Control Structure Management Policy and Operating Procedures. B. Surface Water Management Act Seminar - August 6, 1982 - put on by the Association of Metropolitan Municipalities. C. Minnehaha Watershed District Agenda - July 15, 1982. D. Westonka Chamber - Waves - July, 1982. E. League of Minnesota Cities 1982 Regional Meeting Schedule. COUNTY ROAD IlO - REPAIR OF ROAD FROM 1979 WATERMAIN BREAK The City Manager explained that the County is requesting that the City repair a portion of County Road 110 near Oaklawn that was damaged during a watermain break in 1979. The road repair job is sagging and the County wants an overlay done on that section. He suggested that since we have Valley Paving in town doing some other overlays that we have them do it. 158 July 27, 1982 This overlay might need as much as 50 tons of a special mix priced at approximately $57.50/ton installed. He would like the Council's authorization to do this repair work. Polston moved and Charon seconded a motion authorizing the City Manager to accept Valley Paving's proposal to repair County Road 110 near Oaktawn but not to exceed 50 tons of special mix. The vote was unanimously in favor. Motion carried. CHESTER PARK WALKWAY The City Manager explained to the Council that Bud Nolan has contacted him and would like to put in a bituminous walkway along side of Chester Park down to the beach from the road. The reason he would like to do this is because that area is gravel and keeps eroding away and is dangerous. Polston moved and Swenson seconded a motion to allow Bud Nolan to contract to have a bituminous walkway put in along side of Chester Park to the beach unden the Park Director's supervision and approval of all work to be done, because it is in the interest of the public health, safety and welfare. The vote was unanimously in favor. Motion carried. Charon moved and Swenson seconded a motion to adjourn at 9:05 P.M. The vote was unanimously in favor. Motion carried. 'l~lam, City Manager Fran Clark, City Clerk BILLS ..... JULY 27, 1982 Air Comm 90.00 Autocon Industries 87.74 Amer Cast Iron P~pe 305.09 American Nat'l Bank 4,705.00 Bonhoff & Saliterman 2,000.00 Blackowlak & Son 94.00 Holly Bostrom 162.82 Burlington Northern 533.33 F.H. Bathke Co 13.55 Bowman Barnes 376.17 Janet Bertrand 13.86 Como Specialty 8.00 Community Services 35.00 Adeline Carr 1OO.OO Harley Cederstrom 80.00 Community Radiology 7.50 Dunkley & Bennett 326.78 Driver & Vehicle Serv. 3.25 Joel Essig 2,200.00 Ernst Assoc 2,000.00 First Bank Mpls 5,236.25 Flexible Pipe Tool 31.51 First Bank St. Paul 22,205.75 Flaherty Equip 233.52 Gopher Sign 226.40 Eugene Hickok 80.00 Hawkins Chemical 201.12 Holiday Inn 88.57 Illies 42.00 Information Publishers 155.70 Indep School Dist 277 70.00 Robert Johnson 17.38 John Kotula 308.73 Lamperts 257.27 LOGIS 1,604.47 Long Lake Ford Tractor 7.49 Leighton Lindlan 62.92 M.J. Litfin & Son 260.00 Metro Waste Control 1,262.25 Mac-ln-Erny Inc 714.13 MacQueen Equip 12.55 C.S. McCrossan 1,844.33 McCombs Knutson 4,072.00 Metro Waste Control 19,277.27 Miller Davis Co. 6.80 Minnegasco 60.77 Mound Super Valu 70.81 Minnesota CLE 250.00 City of Mound 67.45 MN Recreation & Park 100.00 Minn Comm 28.50 Martins Navarre 66 500.00 NSP 4,129.83 NW Nat'l Bank Mpls 185,778.25 NW Bell Tele 80.73 Northland Electric 139.86 Planning & Develop Serv 825.00 Popham, Haik 1,427.90 Pitney Bowes 26.00 Don Rother 45.10 State Treas 339.14 Nels Schernau 9.02 Satellite Industries 251.32 Serv A Dock 145.55 Stern, Levine, Schwartz 975.00 Sno Pros 140.O0 Thrifty Snyder Drug 62.72 Timberwall Landscaping 64.80 U of MN Registrar 110.OO Westonka Sports 96.21 Worms Repair 2OO.OO Westonka Plumbing 33.50 Xerox 82.72 Griggs Cooper 3,361.41 Johnson Bros. 2,836.97 MN Distillers 1,132.90 Old Peoria 2,697.52 Ed Phillips 4,921.34 TOTAL BILLS 282,410.82