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1982-09-28199 September 28, 1982 REGULAR MEETING OF THE CITY COUNCIL Pursuant to due call and notice thereof, a regular of the City of Mound, Hennepin County, Minnesota, in said City on September 28, 1982, at 7:30 P.M. meeting of the City Council was held at 5341 Maywood Road Those present were: Mayor Rock Lindlan, Councilmembers Robert Polston and Gordon Swenson.. Councilmember Ulrick was absent and excused and Councilmember Charon arrived late. Also present were: Gity Manager Jon Elam, City Engineer John Cameron, Park Director Chris Bollis and City Clerk Fran Clark; and the following interested citizens: Patzy D'Avia, Willard Hillier, Loretta Bickmann, Jerry Longpre, Bill Netka, Mr. & Mrs. Bob Hansen, Mr. ~ Mrs. John Wagman, Ron Gehring, Bill Clark, Robert Burke, Mr. & Mrs. Bob Cheney, John Perkins, David Luse. The Mayor opened the meeting and welcomed the people attending. MINUTES The Minute of September 21, 1982,. Special Meeting were presented for consider- ation. The Mayor asked that the following be corrected in the Minutes of September 21, 1982: 1. On page 1.92, 2nd paragraph, Patzy D'Avia's name was misspelled. 2. On page 194, under Planning Commission Items, B, the .first paragraph be corrected to read as follows: "The City Manager stated that the Planning Commission has asked the Council to reconsider this variance because the Hetchlers can build a detached garage with entrance on the side (after obtaining a variance) and the setback for this is only 8 feet off Island View Drive.'' 3. On page 195, under Paint Exterior of City Hall, "all references to paint be changed to stain. Swenson moved and Polston seconded a motion to approve the Minutes of the September 21, 19$2, Special Meeting as corrected. The vote was unanimously in favor. Motion carried. PUBLIC HEARINGS A. CENTRAL BUSINESS DISTRICT MAINTENANCE ASSESSMENT-FOR 1982 The City Manager explained that Jerry Longpre and Bill Netka have spent a considerable amount of time updating the data on the businesses in order to make the assessment role accurate. This is the highest dollar amount ever assessed $17,723.46. The two largest dollar amounts in this assessment are Snow Plowing at $12,,012-.:50 and Leases with the Bur- lington Northern~t $6,398,96. The Mayor opened the Public Hearing and asked if anyone would like to speak for or against the proposed assessment. Bill Clark, 5501 Lynwood Blvd.- Stated that he feels he should not be included in this assessment because he does not benefit from any of this maintenance. He pays for his own snow removal, has a gravel parking lot therefore no sweeping and is not a retail store and does not have customers who park in the downtown parking lots. 200 September 28, 1982 Patzy D'Avia - stated that he does not like the way the Super Valu parking lot was striped this year. There were not other comments. The City Manager presented the Council with a letter from Randy Bickmann objecting to this assessment as it relates to parking space requirements and the fact that his property directly across the street from Bill Clark's should also not be assessed because it is a vacant lot. The City Manager suggested only using the front footage of the building and not the front footage for the complete piece of property. Also changing column #5 to 23 and column #7 to 29. There were several errors i:n the market value of pieces of property. on the. role that he is waiting for the Assessor to correct. He also suggested dropping Bill Clark's property from the role. Polston moved and Swenson seconded a motion to continue th.e Public Hearing until October 5, 1982, at 7.30 P.M, correcting the above items and bringing back the corrected figures to the Council. The. vote was unanimously in favor, Motion carried. B. SPECIAL ASSESSMENT - UNPAID TREE REMOVAL CHARGES The Mayor opened the Public Hearing and asked if there was anyone present who wished to be heard about the unpaid tree removal charges. There was no response so the Mayor closed the Public Hearing. Polston moved and Swenson seconded the following resolution. RESOLUTION #32-254 RESOLUTION LEVYING DEFERRED AND SUPPLEMENTAL ASSESSMENTS UPON IJAIVER OF FORMALITIES; DIRECTING PREPARATION OF ABSTRACT; AND DIRECTING CERTIFICATION TO THE COUNTY AUDITOR The vote was unanimously in favor. Motion carried. C. SPECIAL ASSESSMENT - UNPAID WEEDCUTTING CHARGES The Mayor opened the Public Hearing and asked if there was anyone present who wished to be heard about the unpaid weedcuttinq charges. There was no response so the Mayor closed the Public Hearing. Swenson moved and Polston seconded the following resolution. RESOLUTION #32-255 RESOLUTION ADOPTING UNPAID IJEEDCUTTING ASSESSMENT ROLE IN THE AMOUNT OF $100.00 TO BE CERTIFIED TO THE COUNTY AND SPREAD OVER 1 YEAR AT 8% INTEREST The vote was unanimously in favor. Motion carried. D. DELINQUENT WATER AND SEWER SLLLS The Mayor opened the Public Hearing and asked if anyone present would like to be heard in regard to any of the delinquent water and sewer bills proposed for shut-off. 201 September 28, 1982 Mr. Robert Burke, 3005 Bluffs Drive stated that he is on the delinquent list for $209.93. Of -that amount, he feels he is only responsible for $114.00 and the remaining $95.93 is the responsiblity of the previous owner.. The City Manager explained that delinquent utility bills stay .with the property and that it is the new owners responsibility to settle the bills with the previous owner. Mr. Burke stated that he will pay: his $114.00 tonight, try to get the previous owne r to pay their $95.93 and if they do not by Friday then he will pay that amount also. Councilmember Charon arrived at 8:30 P.M. Polston moved and Swenson seconded the following resolution. RESOLUTION #82-256 RESOLUTION APPROVING THE DELINQUENT UTILITY BILLS (DELETING ACCOUNT #22 321 3005 Ol) IN THE AMOUNT OF $3,040.21 AND AUTHORIZING THE STAFF TO SHUTOFF WATER SERVICE FOR THESE ACCOUNTS The vote was unanimously in favor. Motion carried. E. SPECIAL ASSESSMENT - DELINQUENT WATER & SEWER BILLS The Mayor opened the Public Hearing and asked if there was anyone. present who wished to be heard about the delinquent water and sewer bills. There was no response so the Mayor closed the Public Hearing. Swenson moved and Charon. seconded the following resolution. RESOLUTION #82-257 RESOLUTION ADOPTING THE DELINQUENT UTILITY ASSESSMENT ROLE IN THE AMOUNT OF $2,215.65 TO BE CERTIFIED TO THE COUNTY AUDITOR AND SPREAD OVER 1 YEAR AT 8a The vote was unanimously in favor. Motion carried. COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there were any comments or suggestions from the citizens present. There were none. FIRE CHIEF'S AWARD The Mayor asked the Council to add this special item to the Agenda. The City Manager explained that Fire Chief Bob Cheney was awarded the "Box 15 Club" award, Great Lakes Division, at the International Chiefs Conference in Philadelphia last week. Fire Chief Cheney was present to show the City Council his award. The Council all expressed congratulations to the Fire Chief and stated that this recognition was greatly deserved. Chef Cheney praised the entire Fire Department for the fine volunteer work they do that helped him to win .this award. He also thanked the City Manager for the great letter he wrote to the Award Committee. 202 September 28, 1982 H.R.A. BOARD OF COMMISSIONERS APPOINTMENT The City Manager explained that one of the Commissioners terms expi-red on August 29, 1982, and he feels we need. to broaden out the types of skills we have on the H.R.A. Board to reflect the future requirements the H.R.A. Board will face. He has several names to recommend for .this position but would like direction from the City Council on their feelings. Council- member Swenson would like to .see the City Manager appointed as Executive Director of the H.R.A. The Council questioned how the Director of the 2020 Project was selected. Mayor Lindlan asked that the Council delay any action on the appointment to the Board until a meeting in October and find out how the Director of the 2020 Project is appointed; also asking the City Attorney if the Manager can be appointed as Executive Director of the H.R,A. Charon moved and Swenson seconded a motion to table action on this item until further information is presented. The vote was unanimously in favor. Motion carried. STOP SIGNS AT THE INTERSECTION OF SHOREWOOD LANE AND QUAIL ROAD The City Manager explained that a hazard exists at this intersection because a retaining wall was built after the road construction was completed and it blocks vision of all drivers attempting to enter Shorewood Lane from Quail Road. The Police Chief is recommending that this intersection have Stop Signs installed. Polston moved and Charon seconded the following resolution. RESOLUTION #82-258 RESOLUTION TO APPROVE THE INSTALLATION OF A STOP SIGNS ON BOTH SIDES OF SHOREWOOD LANE AT THE INTERSECTION OF QUAIL ROAD The vote was unanimously in favor. Motion carried. MOUND BAY PARK IMPROVEMENT BIDS The City Manager explained that when the Bids for the Mound Bay Park Improvement were opened on September 21, 1982, there was an irregularity in the low bid of Perkins Landscape because they only submitted a 5% Bid Bond and the specifications called for a 10% Bid Bond. The other four bidders subbmitted the correct Bid Bond of 10%. The low bid was for $38,648.00. The next low bid was from Natural Green in the amount of $38,820.00. The City Attorney has rendered the following opinion on the Bid Bond question: "..the City can waive the mistake on the part of the bidder if a 10% bond is on file prior to the time the Council considers the bid". The City Engineer has advised that Perkins Landscape has submitted a new bid bond which covers 10% of their bid proposa]..,,._ Swenson moved and Polston seconded the following resolution. RESOLUTION #82-259 RESOLUTION TO AWARD THE BID FOR THE MOUND BAY PARK IMPROVEMENTS TO THE LOW BIDDER PERKINS LANDSCAPE IN THE AMOUNT OF $37,648.00, ACKNOWLEDGING THE IRREGULARITY IN THE BID David Luse of Natural Green was present and asked to be recognized. 203 September 28, 1982 He stated that he felt .awarding the bid to Perkins Landscape would go against the integrity of the bid process when everyone else complied with the specifications and provided a loo Bid Bond.. The vote on the resolution was unanimously in favor. Motion carried. SET DATE FOR .PUBLIC HEARING - SPECIAL ASSESSMENT FOR TREE REMOUAL CHARGES Charon moved and Swenson seconded-the following resolution. RESOLUTION.#82-260 RESOLUTION SETTING OCTOBER i2, 1982, FOR THE UNPAID TREE REMOVAL CHARGES SPECIAL ASSESSMENT HEARING The vote was unanimously in favor. Motion carried. LEASE OF LOTS 1,2,3, & 22, BLOCK 5, DREAMWOOD -.LEO ~IALLIS The City Manager explained that Mr. & Mrs. Leo Wallis has asked if they can. lease this City land in order to clean them up and .improve the appearance of the area. They may, after cleaning up the lots, want to place a small garden on the land... The City Attorney has advised that he sees not problem with the leasing of the land as long as it is not used as a commercial-garden spot. The City Manager is recommending that the lease be for $1.00 per year. Charon moved and Swenson seconded the following r8soluti~n~ RESOLUTIQN #82-261 RESQLUTIQN TO APPRQVE LEASING LOTS 1,2,3, & 22, BLOCK 5, DREAMWOOD TO MR. & MRS, LEQ WALLIS The vote was unanimously in favor. Moti;on ca.rri;ed< BID FOR NEW SKYLIGHTS IN CITY HALL The City Manager asked that the Counci;l a.uthori;ze the. adve.rtisment for birds for the installation of new skylights i:n the City Hall, Charon moved and Polston seconded the following resolution< RESOLUTION #52-262. RESQLUTIQN AUTHQRIZING THE ADVER?tSMENT FQR BID$ FOR THE INSTALLATION OF SKYLIGHTS AT MQUND CITE: HALL, TO BE OPENED A7 1:OO P.M, QN OCTOBER 12, 1982. The vote was unanimously in favor-, Motion carried. ANDERSON BUILDING The City Manager submitted a letter from Mr, Michael F. Smith (-Smith. Heating and Air Conditioning, Inc.) proposing the purchase of the Anderson Building. The letter proposed terms but no total amount. The Manager stated that Mr. Smith called him. and had inadvertently left .out the total amount of 530,000. The Council discussed the fact that they would li;ke to see a plan of some kind from Mr. Smith showi;ng what the bui:ld'ing would look. li;ke when completed before making a decision. The Council referred this i;tem back to the City Manager for further i,nformati:on. 204 September 28, 1982 PAYMENT OF BILLS Swenson moved and Charon seconded a motion to approve the payment of bills as submitted on the pre-list in the amount of $48,541:97, when funds are available. Roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Article on Purple Loosestrife: Flowery Threat to the Wetlands. B. Letter from the City of Orono to the L.M.C.D. - supporting the L.M.C.D.'s policies and procedures of enforcing its ordinances. C. L.M.C.D. - Agenda from September 22, 1982 Minutes from August 25, 1982 D. Letter from McCombs Knutson to Hardrives - Regarding work to be completed from the 19 1 Street Project. E. Letter from Suburban Public Health Nursing Service - progress toward impending merger of S.P.H.N.S. and the Visiting Nurse Service. F. Brief on Continental Telephone - Jim Larson G. Letter from Chris Bollis on Stairway at Avocet ~ Bluebird H. Westonka Chamber 4laves - September 1982 I. Hennepin County Transportation Program - Six month highlights of the examination of the transportation system for the elderly and elderly handicapped residents of Hennepin County. J. Fact Sheet on Constitutional Amendment for Highway Bonds - to remove restrictions on the interest rates for and the amount of truck highway bonds. K. Metropolitan Council Review - from September 17, 1982. L. Citizen League Memo - Subject was issues, proposals and participants in state-local finance. M. Action Alert -Subject was vital new information concerning 1983 local government aid (LGA) Charon moved and Polston seconded a motion to adjourn at 950 P.M. The vote was unanimously in favor. Motion carried. on Elam, City Manager ~N~- ~~ Fran Clark, City Clerk BILLS-----SEPTEMBER 28, 1982 Acro Minnesota Albinson Earl F. Andersen Aero Asphalt Gayle Burns Holly Bostrom Janet Bertrand Baldwin Supply Chapin Publishing Joan Conkey Commissioner. of Revenue Crowley Fence Dept of Motor Vehicles Flexible Pipe Tool Nick Gronberg Dennis Gronberg Kromer Co. Lathrop Paint Supply Doris Lepsch Mtka Painting ~ Decor. Mound Super Valu Northrup King Office Products of MN Pitney Bowes Credit MN Coroners ~ Med Exam MN Academy Prosec ~ Law Mound Postmaster MWCC Conference Deloris Schwalbe Swenson Nursery Thurk Bros. Chev Western Tree Service Water Products Mtka Portable Dredging Xerox Corp Chemlawn TOTAL BILLS. Assn Enf 30.16 22.50 283.80 9,526.21 19.87 138.00 30.20 346.14 30.78 600.00 3,230.46 875.00 17.25 495.00 2,667.46 1,125.00 8.65 806.72 15.00 1,865.00 g. 84 310.98 405.00 26.00 60..00 35.00 105.00 15.00 56.00 67.75 20,859.00 990.00 222.48 1,500.00 82.72 1,664.00 48,541.97 ,. L,