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1982-08-10165 August 10, 1982 REGULAR MEETING OF THE CITY COUNCIL Pursuant to due call and notice thereof, a regular meeting of the City Counci l of the City of Mound, Hennepin County, Minnesota, was held at 5341 Maywood Road in said City on August 10, 1982, at 7:30 P.M. Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert Polston, Gordon Swenson. Councilmember Donald Ulrick was late arriving. Also present were: City Attorney Curt-.Pearson, City Manager Jon Elam, City Engineer John Cameron, Finance Director Sharon Legg and City Clerk Fran Clark and the following interested persons: Wayne Skibicki, Kenneth Swanson, Donald Riis, Patzy D-Aviza, James Bradley, Stanley Lessin, Rodney Hein, Mark Annen, Walter Erickson, John Burger, Gary Paulson, Lynn Nichols, and Shelly Nett. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the August 3, 1982, Regular Meeting were presented for consider- ation. Swenson moved and Charon seconded a motion to approve the Minutes of the August 3, 1982, Regular Meeting as presented. The vote was unanimously in favor. Motion carried. PUBLIC HEARING A. EXTENSION OF STORM SEWER IN PEABODY ROAD The City Manager explained that this is an .additional small piece of storm sewer that was left out of the original County Road 110 Project. The owners of Lots 1 and 2, Block 1, .Sherwood Shores have petitionCd to have the existing storm sewer extended because a great deal of erosion has taken place at the rear of their lots and the resulting sediment flowing into the channel is causing it to silt up. The Mayor asked the Engineer why Lots 3 and 4, Block 1, Sherwood Shores were not included in the assessment? The Engineer explained that they are not included in the drainage area becasue they don't contribute any water into the existing storm sewer. Their lots drain directly into the channel. The Mayor then opened the public hearing. Wayne Skibicki was present (owner of Lot 2) and asked several questions. He stated he was glad to see that something might be done to keep his lot from eroding away. Kenneth Swanson was present and asked why everyone in the County Road 110 Project was paying for this? The Engineer explained that this should have been done by the County when the 110 Project was done, but it was over- looked. He went on further to explain that so far the 110 Project is below estimate so adding this small extension of the storm sewer will have little affect on the total cost. The Mayor closed the public hearing. 166 August 10, 1982 Councilmember Ulrick moved and Charon seconded the following resolution. RESOLUTION #82-219 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SOLICITATION OF QUOTATIONS ON THE EXTENSION OF STORM SEWER - PEA BODY ROAD The vote was unanimously in favor. Motion carried. B. STORM SEWER IMPROVEMENTS IN EAGLE LANE BETWEEN WOODLAND ROAD AND JENNINGS ROAD The City Manager explained that the owner of Lots 4, 5 and z of 3, Black. 10, Wood}and Point has petitioned th.e City to get the water off these lots so he can mke it a buildable site. The City Engineer stated that Eagle Lane was improved i.n 1975 and only the minimum storm sewers were constructed to save costs, since only a few scattered streets were included in the project and it was not possible to provide areawide storm sewers.. He went on to say that they, the engineers, do not feel that the City of Mound should hear the full cost of improving the drainage through. this area. since this has always been a natural drainage way and the property owners will receive substantial financial benefits by obtaining some buildable lots. Traditionally, this type of work. is done by the property owners them- selves. The Mayor opened the public hearing. Six property owners that would be affected by this assessment voiced strong opposition to the storm sewer improvement because it would only benefit the owner of Lots 4, 5, and z of 3. The Mayor closed the public hearing. Polston moved and Swenson seconded a motion not to proceed with this project unless the petitioner wants to pay for the entire project. The vote was unanimously in favor. Motion carried,' COMMENTS ~ SUGGESTIQNS FROM CITIZENS PRESENT The Mayor asked if the public had any comments or suggestions. John Burger, candidate for the State Legislature District 43A introduced himself. ORDINANCE AMENDING SECTION 26.01 - MINNESOTA BUILDING CODE The City Manager explained that the Building Inspector h.as recommended that Section 26,01 (Minnesota Bui:ldi:ng Code, etc. be amended with the updated codes because it hasn't been done since 1975. Ulrick moved and Polston seconded the following ordinance amendment; 167 August 10, 1982 ORDINANCE #439. AN ORDINANCE AMENDING SECTIONS 26.01 OF THE CITY CODE ADOPTING THE MINNESOTA BUILDING CODE: PROVIDING FOR ITS ADMINISTRATION AND ENFORCEMENT: REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONUERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THE CITY OF MOUND: PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE PROVIDING PENALTIES FOR THE VIOLATION THEREOF: REPEALING SECTIONS 26.40 AND 26.63 OF THE CODE AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. The vote was unanimously in favor. Motion carried.. PRESENTATION OF DESIGN PLAN FOR MOUND BAY PARK - LYNN NICHOLS ~ SHELLY NETT Lynn and Shelly explained what they perceive as the parks shortcomings in relation to the community needs. They are: 1. There will only be 7 trees left in the park after the diseased trees are removed. 2. Depot should be more of a focal point. 3. Beach is very small for ;the amount it is used. 4. Boat access is too close to the beach area. 5. Tot lot is too close to County Road 110. They then explained their design plan for the park. 1. .Plantings in the parking area (islands) do soften the look of the asphalt. 2. Picnic areas defined by trees. 3. Renovation of the Depot - another deck on the lakeside and the other end of the building. 4. Moving the beach area closer to the Depot and away from the boat access-and enlarging the beach area. 5• Having one or two areas to moor boats: A. one near the boat access B. one on the other side of the beach area near the Depot 6. New play equipment on the tot lot and moving the tot lot closer to the beach area and away from County Road 110. 7. One area left open and defined with trees around it. The Council discussed various aspects of the design plan:: Preliminary costs were discussed. Polston moved and Charon seconded a motion to accept the park plan general concept and to begin implementation and solicit quotations for the various items that can be done immediately. The vote was 4 in favor With Mayor Lindlan voting nay. The Mayor voted against because he felt the plan did not allow for immediate use of the park and because it did not include sun shelters. Motion carried. The Council complimented Lynn and Shelly on their design plan for Mound Bay Park. 168 August 10, 1982 PLANNING EXTENSION OF ONE YEAR - KEITH KULLBURG The City Manager explained that the City has received a request from Keith Kullberg for an extension of Resolution #81-308 requiring removal of a part of their dwelling. Ulrick moved and Charon seconded the following resolution RESOLUTION #82-220 RESOLUTION GRANTING AN EXTENSION OF 1 YEAR, UNTIL SEPTEMBER. 22, 1883, FOR THE REMOVAL OF A PART OF THE DWELLING ON CITY PROPERTY (RESOLUTION #81-308) PID #13-117-24 11 0020 The vote was unanimously in favor. Motion carried. PRELIMINARY ASSESSMENT FIGURES - COUNTY ROAD 110 PROJECT John Cameron, City Engineer, was present and gave the comparison of the proposed assessment figures and the Preliminary Engineering Report. Conc. Curb & Gutter Driveway Aprons Storm Sewer Prop. Assessment $3.34/L.F. $1.50/S. F. $ .o46/s.F. P.E.R. Assessment $5.10/L.F. $3.58/s.F. $ .o48/s.F. The City's share of this project billed as of this date plus other costs are as follows: Invoiced from Hennepin County $156,592.49 Eng. Legal, Fiscal ~ Admin. 11,123.00 Misc. Expense (T.V. & repair San. Sew., etc.) 6,414.08 Direct Cost to Property (Bus. drop & sewer ~ water service) 21,478.27 Interest During Construction 20,688.68 Total Cost of Project $216,297.53 Amount Proposed to be Assessed 173,800.72 Balance to be paid by City $ 42,486.81 Hennepin County has not finalized the cost of Right of Way acquisition, therefore, the City's share is not included in the above figures. The county's estimate back in early 1981 was $178,000.00 of which the City's share would be 50% or $88,000.00. This amount added to the $42,496.81 from above, would bring the total amount to be paid directly by the City to approximately $131,497.00. There was discussion on how to pay the $131,487.00, either by bonding or out of State Aid money. The Engineer asked the Council for an interest rate and length of time of assessment and is hopeful that by August 24, 1982, the Council will be able to set a date fora public hearing on this assessmentR, Thy interest rate and length of time of the assessment can be changed but is needed fQr the Engineer to put something in the computer and be able to come. up ~ti;th. an assessment role. 16g August )0, 1982 Swenson moved and Charon seconded a motion to set the interest rate of 8.20 for 15 years on the County-Road 110 Project (subject to change) so the City Engineer can compute an assessment role. The vote was unanimously in favor. Motion carried. COUNTY ROAD 110 STREET LIGHTS - PRELIMINARY ASSESSMENT FIGURES The City Engineer reported that the total cost of the project to date is $187,252.13, of which approximately $68,700.00 will be assessed back to the abutting properties. The bonding on this project was for $180,000.00. The Engineer needs an interest rate and length of time of the assessment, which can be changed, to be able to come up with an assessment role. Ulrick moved. and Charon seconde a motion to set the interest rate of llq for 15 years on the County Road 110 Street Light Project (subject to change) so the City Engineer can compute an assessment role. The vote was 4 in favor with Councilmember Polston voting nay. Councilmember Polston voted nay because of his original premise on Resolution #81-244 that with the budget crunch and concerns of not being able to provide essential services. Motion carried. SIGN PERMIT - JOHN BURGER - 5307 SHORELINE BLVD. John Burger, candidate for the State Legislative District 43A, was present requesting approval of a temporary cloth banner 22 feet by 20 feet for his campaign headquarters at 5307 Shoreline Blvd. The Planning Commission has recommended approval with the sign to be removed by November 5, 1982. Charon moved and Swenson seconded the following resolution. RESOLUTION #82-221 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND APPROVE THE TEMPORARY CLOTH BANNER SIGN 22 FEET BY 20 FEET FOR 53.07 SHORELINE BLVD. TO BE REMOVED BY NOVEMBER 5, 1982• The vote was unanimously in favor. Motion carried. KRAUSE REASSESSMENT The City Manager presented the resolution that has been prepared to carry out the terms in Resolution #82-218 reassessing Lots g, 10, ~ 11, Block 19, Whipple Addition, for Council approval. Charon moved and Swenson seconded the following resolution. RESOLUTION #82-222 RESOLUTION REASSESSING SPECIAL ASSESSMENTS ON LOTS 9, 10 ~ 11, BLOCK lg, WHIPPLE ADDITION The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS Swenson moved and Polston seconded a motion to approve the payment of bills as presented on the pre-list in the amount of $119,687.17, and a bill from the Mayor in the amount of $40.60, when funds are available. Roll call vote was unanimously in favor. Motion carried. 170 August 10, 1982 INFORMATION/MISCELLANEOUS A. MINNESOTA DEPARTMENT OF HEALTH REPORT - report on our municipal water supply. Total rating 91.5 which means a high degree of safety. B. July 1982 - TWIN CITIES LABOR MARKET INFORMATION C. THE OUTFACE - A newsletter of the Metropolitan Waste Control Commission. D. LETTER FROM L.M.C.D. ATTORNEY - describing the policies and procedures on prosecution of violations of the L.M.C.D. Code of Ordinances. E. CRIME RATE FOR 1981-82 FOR MOUND - down 28.1% Charon moved and Ulrick seconded a motion to adjourn at 10:50 P.M. The vote was unanimously in favor. Motion carried. Elam, City Manager Fran Clark, City Clerk BILLS----AUGUST 10, 1882 Amer Waterworks Assn Air PneuTronic Applebaums Auto Con Industries E. Leo Bullock Badger Meter Baldwin Supply Bowman Barnes Bryan Rock Products Holly Bostrom Karol Charon Curtis 1000 Bill Clark Standard Cromer Management Robert Cheney Coast to Coast Continental Tele Documents Section Dependable Services Jon Elam General Coatings Lou Fef ers Equ i p Glenwood Inglewood Gerrys Plumbing Henn Co. Dir Prop Tax George M Hansen Co. Henn Co. Sheriff Henn Co. Treas Hecksel Machine Shop Robert Johnson Kromer Co. Kustom Electronics Doris Lepsch Long Lake Ford Tractor Long Lake Tire Barn The Laker Lutz Tree Service Mound Postmaster ~~ ~~ MN Park Superv Assn Marina Auto Supply City of Minnetrista MN UC Fund MS Print Mid Central Fire Wm Mueller ~ Sons Mound Fire Dept Neitge Constr N.S.P. Shelley Nett John O 1 i nger Elmer J Peterson Co 29.95 16.50 20.35 157.22 50.00 66.78 143.66 119.08 501.48 266.00 14.95 122.89 4,370.01 287.00 334.00 152.90 1,115.97 156.60 33.00 13.89 300.00 18.88 43.80 26.00 15,728.90 1,500.00 177.44 2,077.50 271.90 20.90 45.50 342.99 60.00 721.27 20.02 106.23 2,755.00 600.00 72.12 40.00 845.97 24.00 5,114.48 45.60 57.40 3,933.95 3,352.00 25.00 4,260.64 37.80 285.00 700.00 ~~~~~~ t ~ Pricision Striping Rita Pederson J. Rustons Inc Rodney Storrusten Suburban Tire Stacken Sod Spring Park Car Wash Timberwall Landscaping Tri State Drilling T ~ T Maintenance V ~ S Jewel ers Village Chevrolet Valley Paving Westonka Commun Serv Wilcox Paper Westonka Sewer ~ Water Westonka Sanitation Wisc. Country Stone Water Products Widmer Bros. Xerox Ziegler, Inc. Total Bills Liquor Bills Butchs Bar Supply City Club Distrib Coca Cola Day Distrib East Side Beverage Gold Medal Bev Home Juice Koo 1 Ku be I ce The Liquor House Midwest Wine MN Munic Liquor Assn A.J. Ogle Pepsi Cola Pogreba Distrib Real One Acquisition Regal Window Clean Nels Schernau Thorpe Distrib Total Liquor Bills 1,140.46 30.00 12.45 100.00 388.20 398.75 92.80 304.20 11,790.18 51.50 17.50 32.86 7,080.26 600.00 208.74 8,445.00 200.00 152.00 1,859.40 548.00 593.00 430.88 86,060.72 555.71 3,669.40 342.20 4,137.19 5,617.84 298.50 62.20 628.20 811 .66 790.47 125.00 2,793.52 284.45 4,959.86 675.00 10.75 11.00 7,843.50 33,626.45 Grand Total--All Bills 119,687.17