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1982-10-26215 October 26, 1982 REGULAR MEETING OF THE CITY COUNCIL Pursuant to due call and notice thereof, the 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 26, 1.982, at 7:30 P.M. Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert Polston, Gordon Swenson, Dona td Ulrick. Also present were: City Manager Jon Elam, City Attorney, Curt Pearson, Water Superintendent Greg Skinner, City Clerk Fran Clark and the following interested citizens:. .Buzz Sycks, Bud Stannard, Kaye Westerlund, Bill Koenig, Peter Ward, Dale Pixler, Patzy D'Avia, Ron Pelarski, Daryl Heikes, Joel Hillyer, Jim Robin, Russ Peterson, Mr. & Mrs. John Wagman, David Hozza, Saul Smiley, Dr. Ken Romness. Councilmember Ulrick arrived at 7:55 P.M. The Mayor opened the meeting and welcomed the people attending. MINUTES The Minutes of the October 12, 1982, Regular Meeting were presented for consideration. Swenson moved and Charon seconded a motion to approve the Minutes of the October 12, 1982, Regular Meeting as submitted. The vote was unanimously in favor. Motion carried. Ulrick was absent. WATER BILL - 4700 TUXEDO The City Manager explained that the owner of 4700 Tuxedo (a rental property) is asking that the Council reduce his water bill because he says he didn't use 300,000 gallons of water and his water meter indicates he did. The Manager then submitted a letter he had written to the owner outlining his options, which are to have the meter pulled out and tested to see if it is reading accurately and if it is pay the bill or if it is not the City will adjust the bill. Mr. Joel Hillyer was present representing the owner Mr. Ed McCabe and stated that they felt the meter was wrong and there was no way the house could have used 300,000 gallons of water because it was vacant. The City Manager then explained that in his letter to Mr. McCabe he listed the meter readings from November 1;79 to February 1982 and that around November of 1981 the outside meter reader became stuck and has remained stuck at 207,000. Then when the inside meter was read on May 20, 1982 it read 510,000, an increase of nearly 300,000 gallons. Greg Skinner of the Water Dept. explained to Mr. Hillyer the difference between the meter and the reader outside. Councilmember Polston asked if the owner would be willing to have the meter tested. Mr. Hillyer said yes he thought so. Swenson moved and Polston seconded a motion to have the meter pulled from 4700 Tuxedo Blvd. and have it tested for its accuracy. The vote was unanimously in favor. Motion carried. Ulrick was absent. 216 October 26, 1982 PUBLIC HEARINGS A. FINAL ADOPTION OF THE 1983 REVENUE SHARING BUDGET The City Manager explained that by law we are required to hold a Public Hearing concerning the final adoption of the 1983 Revenue Sharing Budget and that notice has been published of this hearing. The Mayor opened .the public hearing and asked for comments or suggestions from citizens present on the following budgeted items. 1. Police Car $ .,7,500 2. Spring ~ Fall Clean-Up 10,000 3• Dump Truck (1/2 Cost) 30,000. 4. Civil Defense Siren 2,000 5. Codification of Ordinances 15,000 6. Radio for po lice car 500 7. Commons Maintenance 10,000 $ 75,000 The City Manager stated that there is still approximately $45,000 in uncommitted Revenue Sharing funds after the 1983 Budget is adopted.. There were no other comments or suggestions from citizens present. Swenson moved and Polston seconded the following resolution. RESOLUTION #82-279 RESOLUTION ADOPTING THE 1983 REVENUE SHARING BUDGET AS SUBMITTED The vote was unanimously in favor. Motion carried. Ulrick was absent. B. DELINQUENT WATER AND SEWER BILLS 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 to be shut-off. There were none. The Mayor closed the Public Hearing. The City Manager stated that the list is down to $2,958.10. Polston moved and Charon seconded the following resolution. RESOLUTION #82-280 RESOLUTION APPROVING THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $2,958.10 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE FOR THESE DELINQUENT ACCOUNTS. The vote was unanimously in favor with Ulrick absent. Motion carried. PLANNING COMMISSION ITEMS A. FINAL SUBDIVISION - WAYNE BYRD - PART OF_LOTS 3 & 4, BLOCK 3, SHADYWOOD POINT _- - --.- The City Manager explained that this is the same lot that was split in half in Resolution #81-304 in September of 1981, to sell one half to the neighbor on the North and now that neighbor wants to buy the second half 217 October 26, 1982 of the lot as well. The request is to go back to the original parce l before the split and combination with Lot 2. Gouncilmember Ulrick arrived at 755 P•M• There was discussion on whether Lot 3 would ever need a variance in the front yard setback if it were ever built upon. The City Attorney stated no it would not. The Planning Commission has approved this item. Swenson moved and Polston seconded the following resolution. RESOLUTION #82-281 RESOLUTION WAIVING REQUIREMENTS OF CHAPTER 22 OF THE CITY CODE REGARDING THE FINAL SUBDIVISION OF PART OF LOTS 3 AND 4, BLOCK 3, SHADYWOOD POINT (PID #13-117-24 11 0123.& PID #13-117-24 11 0001) The vote was.. unanimously in favor. Motion carried. B. FINAL PLAT APPROVAL - RON GEHRING (NEWHOUSE BUILDERS ADDITION) - LOTS 5 AND THE WEST 25 FEET OF LOT AUD. SUBD. 1 - PID 23-117-24 0031 The City Manager explained that the applicant was given preliminary approval in Resolution`81-82 and that the 9 stipulated .items in that resolution have been complied with. The Planning Commission has recommended approval of this final plat with one escrow fund for Items 4 ($1800), 5 ($200 per lot or $1,000) and 8 ($1,000) as required in Resolution 81-82. Polston moved and Ulrick seconded the following resolution. RESOLUTION #82-282 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND APPROVE THE .FINAL PLAT OF NEWHOUSE BUILDERS ADDITION SUBDIVISION Ron Gehring asked that he not be charged a $625.00 park dedication fee for Lot 4 as there is already a house on it. Polston moved ar.d Swenson seconded a motion to amend the original resolution #82-282 waiving the $625.00 park dedication fee on Lot 4 because there is a house on it already. The vote on the. amendment was unanimously in favor...Mo.tion carried. The vote on the orginal resolution with the amendment included was unanimously in favor. Motion carried.. C. SETBACK VARIANCE FOR ATTACHED GARAGE.- NICHOC & LUCILLE BRYCE - 3142 DEVON LANE - LOTS.11, 12 ~ 13, BLOCK ARDEN - PID #2 -117-2 44 0040 The City Manager explained that the request if to build an 18' x 22' attached garage 11.3 feet to 14.5 feet from the front lot line. This is a corner lot with 30 foot setback required from both right-of-ways. The present house is 10 feet from Devon Lane and 35 ± feet from Canterbury Road. The Planning Commission has recommended approval of the setback variance for the garage with the stipulation that the car entrance to the garage doors be on the Devon side. 218 October 26, 1982 Charon moved and Ulrick seconded the following resolution. RESOLUTION #82-283 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE FRONT YARD VARIANCE AS REQUESTED FOR LOTS 11, 12, ~ 13, BLOCK 4, ARDEN The vote was unanimously in favor. Motion carried. D. FINAL SUBDIVISION APPROVAL - RONALD L. PELARSKI - LOTS 2-4 & 21-23- BLOCK 7, WOODLAND POINT The City Manager explained that the stipulation in Resolution #82-235 granting preliminary subdivision, have been complied with and now the applicant is seeking final approval. The City Attorney stated that the permanent easement for utility purposes had the wrong description in it and Pelarski's attorney has .been notified to correct the description. He asked the Clerk not to .release the resolution approving the final subdivision until the new easement with the correct description is received. The Council agreed and the Clerk noted. Swenson moved and Charon seconded the following resolution. RESOLUTION #82-284 RESOLUTION TO CONCUR WITH TFIE PLANNING COMMISSION APPROVING THE FLNAL SUBDIVISION FOR LOTS 2, 23, 4, 21, 3 AND 22, BLOCK ], WOODLAND POINT. The vote was unanimously in favor. Motion carried. E. CONCEPT PLAN REVIEW - STREETCAR BOAT SHOPPING CENTER - LOTS 35 ~ 37, AUDITOR'S SUBD. 1:70-& BLOCK SHIRLEY HILLS UNIT F The City Manager stated that the principals for the Streetcar Boat Shopping Center are looking for two things tonight: 1. Approval of the concept. 2. That the City let the land by Lost Lake revert back to the Catholic Church. Principals present;: Bi11 Koenig, Bud Stannard and Buzz Sycks. Bill Koenig presented the ideas for the Streetcar Boat Shopping Center. 1. They would like 2 key tenants and 20 shops. 2. They are planning a bank or other ancillary building. 3. There is the possibility of the relocation of Super America. 4. They want to capture the history of Mound. 5. They are dealing with property. that needs a cure. 6. The town does not have a good shopping area at this time. 7. This center is needed to promote .development around it. 8. The center will not disrupt anything. 9. They are sticking with private financing versus Tax Increment Financing because the financing is available and the interest rate is lower. 10. They have been studying this for three years in order to get the cost factor tied down to get financing and lease information. Now they would like concept approval from the Council and the release of the land from the City back to the Catholic Church. 219 October 26, 1982 Swenson moved and Polston seconded the following resolution. RESOLUT-ION #82-285 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND APPROVE THE CONCEPT OF THE STREETCAR BOAT SHOPPING CENTER Councilmember Ulrick questioned releasing the Lost Lake land back to the Catholic Church before the public was given a change to voice their opinion on what the land should be used for and also getting public input on the subject of Tax Increment Financing which is what the following item on the agenda wants. Ulrick moved and Charon seconded a motion to table this. A roll call vote was 3 in favor with Polston and Swenson voting nay. Motion carried. Ulrick moved and Charon seconded a motion directing the City Manager to prepare all the facts at hand in a factual, objective manner and advertise a public hearing, for the purpose of presenting both developments to the public asking for input from the public on the vacating of the Lost Lake site and the concept of Tax Increment Financing. This Public Hearing to be held approximately 30 days from now. The vote was 3 in favor with Polston and Swenson voting nay. Motion carried. Councilmember Polston voiced objection to the cutting off of discussion and tabling any items on the Agenda. Councilmember Swenson also voiced objection to this item being tabled. The following people present voiced objection to the tabling: Bill Koenig, Jim Robin, Buzz Sycks, Frank Wieland, Bud Stannard, Patzy D'Avia and Pete Ward. The City Attorney advised the Council that the City Manager had given him the deeds to the Lost Lake site about 4 weeks ago and that there are some questions on what the City can do about the site. We are waiting. for the Abstract from Title Insurance. TOWN SQUARE SHOPPING CENTER - TAX INCREMENT FINANCING Councilmember Swenson asked if this item had gone to the Planning Commission yet. The City Manager replied no. Swenson moved and Polston seconded a motion to have this item go to the Planning Commission before coming to the Council. There was debate on whether to go ahead and .have a discussion on Tax Increment Financing tonight or have the Planning Commission review this first, as they have in the past, and then advise the Council. A roll call vote on the motion was 4 in favor with Ulrick voting nay. Motion carried. The City Manager explained that the reason this is on the Agenda was to get the Council's authorization to spend money to research the feasibility of Tax Increment Financing. Another reason for it being on the Agenda was there has never been a project like this in Mound before so he was looking for direction from the Council. 220 October 26, 1982 The Council then asked David Hozza, the City's consultant, for a brief explanation on Tax Increment Financing. David Hozza stated that Tax Increment Financing is a method of redevelopment that can be used to finance either public improvements or acquisition that is in the public interest. Lt accomodates redevelopment on a local level without the Federal Government and has local control. The additional tax revenues generated by a T.I.F. development t-hat are over current tax revenues would be used to amortize the principle and interest on bonds for the improvement made on that particular Tax Increment District, be they public improvements or for acquisition or relocation of existing businessed. It is basically a way to accomplish redevelopment without the Federal Government. Some government agency approvals are necessary, such as the County has to review the project and the State has to have some type of sign off. The City Attorney explained that there are several kinds of Tax Increment Districts and gave some examples of T.I.F. Districts. It is something the HRA and the Council work together on. Polston moved and Ulrick seconded a motion to set November l6, 1982 as the date fora Public Hearing to get put input on the issue of vacating land held in the public interest and the concept of Tax Increment Financing. The vote was unanimously in favor. Motion carried. BINGO PERMIT - MOUND FIRE DEPT. AUXILIARY Polston. moved and Ulrick seconded the. following resolution. RESOLUTION #82-285 RESOLUTION TO APPROVE THE BINr,O PERMIT APPLICATION SUBMITTED BY THE MOUND FIRE DEPT. AUXILIARY The vote was unanimously in favor. Motion carried. REPORT ON THE 1982 SEAL COATING PROGRAM The City Manager submitted the breakdown of the cost for the 1982 Seal Coating Program which cost $78,826.21. Now a transfer of funds from the Liquor Fund, that was .approved earlier, is needed. Polston moved and Ulrick seconded the following resolution. RESOLUTION #82-286 RESOLUTION TO TRANSFER $78,926.21 FROM THE LIQUOR FUND TO THE 1982 SEAL COATING PROGRAM The vote was unanimously in favor. Motion carried. BIDS s QUOTATIONS A. DREDGING OF COMMON'S DOCK SITES - RIDGEWOOD ACCESS & EMERALD CHANNEL The City Manager explained that both of these areas have silted in because of storm sewers emptying into the lake at these points. 221 October 26, 1982 Emerald Channel area will be dredged to a depth of 4 feet, 40 feet from shore and sloped to the shoreline. 60 feet of shoreline with and estimated 150 cubic yards to be removed. Ridgewood Access .area is to be .dredged to a depth of 4 feet, 60 feet from shore and sloped to the shoreline. 100 feet of shoreline with and estimated 300-cubic yards to be removed. There is only one company who have the equipment to undertake this job, Minnetonka Portable Dredging and they .have submitted a quote of $1,$00.00 estimated for the Emerald Channel and $3,000.00 estimated for the Ridgewood Access. Charon moved and Polston seconded the following resolution. RESOLUTION #82-287 RESOLUTION TO APPROVE THE QUOTE OF MINNETONKA PORTABLE DREDGING IN THE .AMOUNT OF AN ESTIMATED $4,500.00 FOR DREDGING THE EMERALD CHANNEL AND THE RIDGEWOOD ACCESS The vote was unanimously in favor. Motion carried. MOUND BAY PARK - LAUNCHING RAMP Chris Bollis Park Director, was present and explained that the sand on the launching ramp at Mound Bay Park needs to be cleaned off. He has an estimate from Widmer Bras.. of $1,128.00 and if the ramp cleaning does not take long,. the drainage ditch and spillway near the parking lot need to be cleaned and would be done. Charon moved and Ulrick seconded the following resolution. RESOLUTION #82-28:8 RESOLUTION TO APPROVE THE QUOTE OF WIDMER BROS. IN THE AMOUNT OF $1,128.00 FOR THE CLEANING OFF OF THE LAUNCHING RAMP AT MOUND BAY PARK The vote was unanimously in favor. Motion carried. Swenson was absent. B. COMMONS DOCK STEPS ON AVOCET AND BLUEBIRD The Park Commission has recommended that the Council approve the construction and maintenance of stairways at the South end of Avocet and Bluebird Lanes on Wiota Commons. The Park Director advised the Council that he has examined the two sites and determined that it would be possible to construct timber stairs, like the one built on Canary Lane for an approximate cost for both stairs of $1,700.00. Funding for the stairs would come from the $10,000 of the Revenue Sharing that the Council earmarked for Commons Improvement. The work would. be done in the Spring of 1983• Charon moved and Polston seconded a motion to approve the construction and maintenance of stairways at the South end of Avocet and Bluebird Lanes on Wiota Commons. The cost to come from the Revenue Sharing Budget. The rote was unanimously in favor. Motion carried. Swenson was absent. 222 October 26, 1582 C. FALL PICK-UP QUOTATIONS The City Manager explained that bids have been received Fall Clean-Up. They are as follows: 1. Westonka Sanitation Truck and Driver Each Helper Dumping Charges Approx. OR $5,100.00 flat fee inclu for the $30.00 per hour 10.00 per hour 15.00 per load ding dumping charges. 2. Illies & Sons. Tandem Dump (Driver inc.)$36.00 per hour Each Helper 12.00 per hour Dump Charges 20.00 per load 3. Dependable Services Truck and 3 men $60.00 per hour The City pays the dumping expense Polston moved and Ulrick seconded the following resolution. RESOLUTION #82-285 RESOLUTION APPROVING THE LOW BID OF WESTONKA SANITATION FOR THE FALL CLEAN-UP The vote was unanimously in favor." Motion carried. Swenson was absent. D. CBD - SNOW REMOVAL BIDS The City Manager explained that there were two bids received for the CBD snow removal. The are as follows: 1. Illies & Sons A. Front End Loaders B. Trucks. Single Axle: 6 yd. box Tandem Axle: 12 yd. box C. Snow Plow Trucks. Road Grader Bob Cats 2. Widmer Bros. A. Front end Loaders 3 yd. loade r B. Trucks Single Axle: 5 yd. box Tandem Axle: 10 yd. box C. Plows Truck & Sander 14' Blade 1845 Case- Skidsteer Salt & Sand $42.00 per hour 29.00 per hour 36.00 per hour 32.00 per hour 38.00 per hour 35.00 per hour $42.00 per hour 48.00 per hour 30.00 per hour 40.00 per hour 35.00 per hour 35.00 per hour 45.00 per hour 35.00 per hour 30.00 per yard Polston moved and Charon seconded the following resolution. RESOLUTION #82-250 RESOLUTIONAPPROVING THE LOW BID OF ILLIES & SONS FOR THE CBD SNOW REMOVAL FOR 1982 The vote was unanimously in favor. Motion carried. Swenson was absent. 223 October 26, 1982 1983 LELS CONTRACT The City Manager explained there were no changes in the contract language and the salary terms for 1983 are exactly the same that exist in the third year of the contract of the police patrolmen. He and the Police Chief are recommending approva 1. The Council briefly discussed percentage increases in salary. Charon moved and Polston seconded a motioh to approve the 1983 LELS Contract as presented. The vote was unanimously in favor. Motion carried. BID SPECIFICATIONS FOR THE NEW DUMP TRUCK The City Manager explained that the Street Department has put together the specifications for the 1983 snow plow/dump truck and the Council now needs to approve. them and set a date for the. bid opening. Charon moved and Swenson seconded the following resolution. RESOLUTION #82-291. RESOLUTION APPROVING THE SPECIFICATIONS FOR THE 1983 SNOW PL04~'/DUNE TRUCK AND SETTING THE DATE FOR THE BID OPENING FOR NOVEMBER 23, 1982, AT 10:00 A.M. The vote was unanimously in favor. Motion carried. The City Manager also explained that Public Works would like to keep their Summer hours which are 7:.00 A.M. to 3;30 P.M. during the Winter months. This will save the City and hour overtime in the morning for snow plowing. He has given his O. K. to keep the Summer hours year round. PAYMENT OF BILLS Swenson moved and Ulrick seconded a motion to approve the payment of bills as presented on the pre-list, in the amount of $144,962.64, when funds are available. A roll call vote was unanimously in favor. Motion carried. Polston was absent from the vote. SET DATE TO CANVASS THE VOTES IN THE CITY ELECTION Charon moved and Swenson seconded a motion to set the date for the Canvass of Votes from the City Election for Wednesday, November 3, 1983, at 7:30 P.M. There will also be a short Council Meeting at that time. The vote was unanimously in favor. Motion carried. MISCELLANEOUS/INFORMATION A. Nine Month Liquor Store Balance Sheet - $303,688 is the nine month balance. B. Agenda Minnehaha Creek Watershed District - October 21, 1982 Meeting C. Twin Cities Labor Market Information Report - October, 1982 D. Packet on Recently Approve Senior Citizen Housing Project - The City Manager suggested that the Council keep this packet of information on file for future developments in the project. 224 October 26, 1982 E. Budget Analysis - Mound Bay Park Project - breakdown of where the Lawcon money has been spent and will be spent. F. Budget Analysis - Downtown Advisory Committee - breakdown of where the money has been spent 'and what money is left to spend. G. American Legion Post #398 Gambling Report - for the month ending September 30, lg 2. H. 1982 Summer Recreation Program Report I. State Report on Legislative Mandates for Cities - prepared by the Minnesota Department of Energy, Planning and Development J. Speed Limit Changes on County Road 110 30 MPH between CSAH 15 {North Junction) and Grandview Blvd. 35 MPH between Grandview Blvd. and a point approximately 350 feet north of Three Points Blvd. 45 MPH between a point approximately 35D feet north of Three Points Blvd. and CSAH 151. K. Lake Minnetonka Mayor's Forum.- Minutes of a meeting held October 7, 1982. L. Article on "Tonka Employee Used Farm as Chemical Dump" - from the Minneapolis Tribune. Swenson moved and Polston seconded a motion to adjourn at 11:00 P.M. The vote was unanimously in favor. Motion carried.%/ - ~~_ C' Manager Attest: City Clerk BILLS----OCTOBER 26, 1882 Earl F Andersen ~ Assoc Air Comm Holly Bostrom Butler Paper F.H. Bathke Jon Elam ELMarketing First Bank Mpls Fire Control Extinguisher Finley Bros. Enterprises Dennis Gronberg Nick Gronberg Robert E. Johnson Eugene Hickok ~ Assoc Henn Co. Director Prop Tax Illies ~ Sons J.B. Distributing Lyman Lumber Glen Litfin Transfer L.O.G.I.S. Long Lake Ford Tractor Lakeland Ford Truck Sales Mound Postmaster Metro Waste Control Jackie Meyer McCombs Knutson M.F.O.A. City of Minnetrista Mtka Painting ~ Decorating MN UC Fund Minn Comm Metro Fone Communication Metro Waste Control Minnegasco Meyer Bros. Dairy Neitge Construction N.W. Bell Telephone N.S.P. Poucher Printing Pitney Bowes Credit Reo Raj Kennels Real One Acquisition Don Stretcher Guns Security Alarms Swenson Nursery 180.72 96.00 198.44 263.64 20.70 19.65 36.00 12.00 87.95 110.00 620.00 1,432.36 25.52 857.50 32,374.65 2,920.00 55.20 17.04 75.00 1,218.12 9.98 17.26 600.00 1,683.00 107.87 9,142.00 2.50 48.00 1,746.00 177.00 28.50 11.80 19,277.27 82.95 22.50 200.00 72.80 4,144.65 477.00 26.00 85.00 1,342.52 400.30 386.ig 50.00 S ~ M Sales State Treas-Surplus Seton Service Tuff-Kote Rustproof Thurk Bros Chev Unitog Rental Waterous Co. Wurst Pearson Hamilton Westonka Community Srv Widmer Bros. Xerox Corp R.L. Youngdahl ~ Assoc Griggs, Cooper Johnson Bros. Liquor MN Distillers Old Peoria Ed Phillips ~ Sons Davies Water Equip Lathrop Paint Supply Mound Super Valu Mound Fire Relief Assn TOTAL BILLS 40.00 25.00 1.90 300.00 223.35 267.32 352.61 11,450.37 129.03 432.00 82.72 5,270.00 1,952.19 2,646.08 1,793.22 1,554.10 1,.688.65 15.05 440.52 41.36 35,494.59 $144,862.64