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1983-07-19125 July 19, 1983 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 5341 Maywood Road in said City on July 19, 1983, at 7:30 P.M. Those present were: Mayor Bob Polston, Councilmembers Pinky Charon, Gary Paulsen, and Russ Peterson. Also present were: City Manager Jon Elam, City Attorney Curt Pearson, City Engineer John Cameron, Building Inspector Jan Bertrand., Police Chief Bruce Wold, City Clerk Fran Clark and the following interested citizens: P1r. & Mrs. George Haugh, Leo Wailis, Larry Connolly, Steve Smith, Margaret and Bob Hanson, Tim Lovaasen, Ron Gehring, Bruce Charon, Phyllis and Lee Jessen, Vern Veit. The Mayor opened the meeting anal welcomed the people in attendance. 1. MINUTES The Minutes of .the July 5, 1983, Regular Meeting were presented for consideration. Paulsen moved and Charon seconded a motion to approve the Minutes of the July 5, 1983, Regular Meeting as presented. The vote was unanimously in favor. Motion carried. 2. The Minute of the July 12, 1883, Special Meeting were presented for consideration. Peterson moved and Paulsen seconded a motion to approve the July 12, 1983, Minutes, Special Meeting as presented. The vote was unanimously in favor. Motion carried. 3. APPOINTMENT OF NEW COUNCILMEMBER The Mayor stated that he was very pleased by the quality and competence of the persons who applied for the Council position vacated by Gordon Swenson. He noted that this was a very hard decision to make and he would rather. have had the electorate .fill the vacancy. The rest of the Council agreed that the decision was difficult because all the candidates are qualified. Mayor Polston made a motion to appoint Tim Lovaasen to the vacant Council position. The motion died for lack of a second. Charon moved and Peterson seconded the following resolution: RESOLUTION #83-122 RESOLUTION APPOINTING PHYLLIS JESSEN TO THE CITY COUNCIL FOR .THE REMAINDER OF GORDON SWENSON'S TERM (DECEMBER 31, 1984) A roll call vote was unanimously in favor. Motion carried. The Council all congratulated Ms. Jessen on her appointment and the City Clerk gave Ms. Jessen the Oath of Office. Ms. Jessen thanked the Council, The Council thanked all the candidates for their applications and asked all of them to consider positions that are and will be available on the different City commissions and boards. 126 July 19, 1983 4. PUBLIC HEARING - CASE #83-229, LOST LAKE ADDITION - PRELIMIINARY PLAT OF LAND - JELLICO - PID #24-117-24 22 OOl The City Manager stated that Vern Veit was not yet present but that maybe the .Council could hold the public hearing and when Mr. Veit arrived he could make his presentation. The Mayor opened the public hearing and asked for comments from the citizens present. Margaret Hanson, 5425 Bartlett Blvd. - objected to opening the public hearing without explaining thesubdivision and the developer not being present to answer questions about the subdivision. The City Manager explained that 5 lots-were approved previously and now the developer is proposing 14 single family residential lots and one Outlot which will be divided between the two adjoining lots with a cul-de-sac at the end of the road. The Mayor suggested delaying the rest of the public hearing until the developer arrives anal moved on to the next. item on the Agenda. The Council agreed. 5. PUBLIC HEARING - DELINQUENT UTILITY BILLS The Mayor opened the public hearing and asked for any comments from the citizens present. There were none. The Mayor closed the public hearing. Charon moved and Peterson seconded the following resolution: RESOLUTION #83-123 RESOLUTION APPROVING THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $1,925.56 AND AUTHORIZING THE STAFF TO SHUTOFF THE WATER SERVICE FOR THESE ACCOUNTS The vote was unanimously in favor. Motion carried. 4. The developer for the Lost Lake Addition, h1r..Vern Veit, arrived. He explained that this subdivision consists of 14 single family lots that all conform to City Code and zoning and that it has been approved by the Planning Commission. Bob Hanson, 5424 Bartlett Blvd. - asked how Outlot A is going to be split. Vern Veit stated that it will either be split in half with each half going to the adjoining property owners or it will be attached to one of those lots adjoining it. This will be done so that someone will mow it and maintain it. There will be an easement placed on Outlot A for drainage and utilities. The City Attorney explained that the hardshells will come back to the Council for approval and this will show exactly how Outlot A is divided. Bob Hanson - asked how much dirt will be moved around for this subdivision. Vern Veit stated that they will cut. one hill 6' to make a gradual slope. He further explained that. all the lots are well above the lake level and Lake Minnetonka has a fine dam system which will maintain this level. 127 July 19, 1983 Bob Hanson - asked why the cul-de-sac is so .large that it will cost the taxpayers money to maintain. Vern Veit - responded that the cul-de-sac size is the requirement of the City of Mound. Bill Anderson, 5340 Bartlett Bivd. - stated that the lot sizes seemed very small compared to .other lots in the area. He also asked how the lots on Bartlett would be developed. Vern Veit - stated that all the lots are the minimum of 10,000 square feet and some are more. That is a requirement in an R-1 Single family district. The lots on Bartlett Blvd. will be double bungelows. A lady in the audience asked that the Council make sure ait the dead or diseased trees be taken down because she feels other trees have been affected by the diseased trees on this property. Mr, Anderson asked how long it would be before the development would start. Mr. Veit stated that hopefully the lots would be ready to sell early in the Spring of 1884. The Mayor closed the public hearing. Councilmember Peterson .asked if the developer would be able to conform to the setbacks when building homes on these lots. Mr, Veit stated that he didn't see any problems in conforming to-the setback requirements. The Council discussed the proposed resolution and went over each of the requirements.. They changed the proposed resolution by adding the following underlined parts: 1. The filing of a revised plat indicating surface water drainage patterns and proposed street grades. Also before final plat approval by the City Council, the petitioner shall submit to the City Engineer for approval, construction plans which will include grading, drainage, streets and utilities. Development contract to be executed and approved by the City Engineer. 5. Furnishing a duly completed and executed performance bond, certified by the City Attorney as valid and enforceable, 1251 of estimated cost, $75,375.00, to cover ........... 13. An ecrow fund of $2,700.00 (minus filing fees).......... 15. Removal of all dead or diseased trees from the subdivision. Paulsen moved and Peterson seconded the following resolution: RESOLUTION # 83-124 RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE .NORTHERLY PORTION OF LOST LAKE ADDITION - PID # 24-117-24 ZZ 0018 The vote was unanimously in favor. Motion carried. 128 July lg, 1g83 6. CASE #83-236 - JON SCHERUEN - 2271 COMMERCE BLVD. - PART OF LOT PARK - PID #1 -117-24 4 0039.- SIGN PERMIT LYNWOLD Mr. Scherven was present and stated that the sign would be 21'6" by 30" polystyrene letters, to be placed across the front of the building. The color he thought would be yellow. The solgan "The Finest in Sporting Goods" would be framed in a g' x 2' area just above the windows on the left side of the front of the building. He is also asking for approval of a future sign over the Mall entrance indicating that it is a mall. There will be no lighting or illumination of any of these signs. The City Manager reported that the Planning Commission has recommended approval of the sign. Polston moved and Paulsen seconded a motion to authorize the issuance of a sign permit as requested and approved by the Planning Commission for Jon Scherven, 2271 Commerce Blvd - PID #14-117-2 444 0038. The vote was unanimously in favor. Motion carried. 7. ORDINANCE AMENDMENT TO CHAPTER 26 OF THE CITY CODE The City Manager reported that the Building Official has recommended updating the building code sections of Chapter 26. The City Attorney has drafted the proposed ordinance amendment. Paulsen moved and Peterson seconded the following: ORDINANCE #452 AN ORDINANCE AMENDING SECTION 26.01, SUBD. A. SUBSECTIONS 1, 8 AND g, SUBD. B, SUBSECTION 3 AND SUBDIVISION C, SUBSECTION 2, ALL RELATING TO THE STATE BUILDING CODE AND UNIFORM BUILDING CODE The vote.was unanimously in favor. Motion carried. 8. COMMENTS ~ SUGGESTIONS FROM CITIZEN PRESENT The Mayor asked if there were any comments or suggestions from the citizens present. There were none. g. STREET LIGHT REQUEST FOR WATERSIDE COMMONS The City Manager explained that the City has received a request from John L. Fiebelkorn to install a yard type light on Waterside Commons to help with security in the area. The .dock holders in the area will pay any costs associated with this, but NSP requires the City Council pass a resolution of concurrence. Charon moved and Peterson seconded the following resolution: RESOLUTION #83-125 RESOLUTION TO APPROVE INSTALLING ALIGHT ON WATERSIDE COMMONS AS REQUESTED The vote was unanimously in favor. Motion carried. 129 July 19, 1983 10. REFUND REQUEST The City Manager explained that the two people who-had applied for the vacation of a Fire Lane off of Edgewater Drive have requested a refund of the unused portion of the $100.00 fee. The following would be sub- tracted: City Engineer $31.00 Ad in The Laker g.82 Mailing - Postage 6.00 $4--~ total expenses not counting staff time This would leave a refund of $53.18. This refund would be given because the applicants withdrew their request before the public hearing. Peterson moved and Charon seconded a motion to authorized the refund of $53.18. The Mayor stated that he would not be in favor of this refund because there was staff time put in on this. par icular item that could have been used elsewhere and it would be setting a precedence on refunds of items that are withdrawn or denied. The vote was 1 in favor with Charon, Jessen, Paulsen and Polston voting nay. Motion denied. 11. SET DATE FOR BID OPENING - FIRE PUMPER Paulsen moved and Charon seconded a motion to set the bid opening date of August 30, 1983, at 10:00 A.M. for the new Fire Pumper. The vote was unanimously in favor. Motion carried. 12. AUDITOR'S MANAGEMENT LETTER FOR 1882 The City Manager went over the auditor's management letter which follows the handing out of the Audit for 1982 which was done several weeks ago. The Finance Director, in a memo to the Council, responded to the management letter in several areas. Councilmember Paulsen asked about the General Fixed Assets .records. The Finance Director stated that since she has been here records have been kept but they were not kept in the past. She will be working on expanding her system. Councilmember Peterson asked is the General Fund balance will continue to go down. The City Manager stated hopefully not, if nothing unforeseen happens, we have budgeted about $58,000 for the reserves this year. Paulsen moved and Peterson seconded the following resolution: RESOLUTION #83-126- RESOLUTION-APPROVING AND ACKNOWLEDGING RECEIPT OF THE 1982 AUDIT The vote was unanimously in favor. Motion carried. 13. CHANGE ORDER #1 - STREET SEALING PROJECT 1883 The City Manager explained that this change order is for the seal coating of the parking lot behind the bank which is part of the CBD and will be paid for by the CBD. This item was included in the bid for the seal coating. 130 July 19, 1983 Peterson moved and Charon seconded the following resolution: RESOLUTION #83-127 RESOLUTION TO APPROVE CHANGE ORDER #l, 1983 SEAL COAT PROGRAM IN THE AMOUNT OF $2,617.75 The vote was unanimously in favor. Motion carried. 14. PAYMENT REQUEST ON WATER MAIN PROJECT - $94,250.45 The City Manager explained the a payment request from F.F. Jedlicki, Inc. in the amount of $94,250.45 for the work completed so far on the 1983. water system improvement (water main). This pay request has George Bayer's approval. Charon moved and Peterson seconded a mo ion to-approve the payment request of F.F. Jedlicki, Inc. in the amount of $94,250.45. The vote was unanimously in favor.. Motion carried. 15. FINAL PAYMENT REQUEST - PERKINS LANDSCAPE - $11,942.34 The City Manager read the Park Director's memo on this payment request. This memo contained 3 items which the contractor responded to satisfactorily. It is the Contractor's opinion that the sod in Mound Bay Park was not damaged by the heat as it was already fairly well established. The Council asked the City Engineer and. the City Attorney to check the contract on the contractor's responsibility and guarantee. They did so and felt the contract contains a guarantee-that will protect the City in case the sod or trees and bushes should -die within one year. Peterson moved and Charon seconded a motion to approve the final payment request of Perkins Landscape in the amount of $11,942.34 for Mound Bay Park. The vote was unanimously in favor. Motion carried. The City Attorney suggested that the City Manager write a letter to be sent with the check reminding Perkins of the contract guarantee and his responsibility. 16. APPOINTMENT TO WEST HENNEPIN HUMAN SERVICES BOARD The Mayor stated that West Hennepin Human Services Board has contacted him and submitted the name of a person who is interested in service on their board from the City of Mound. She is Nancy Clough. Charon moved and Peterson seconded the following resolution: RESOLUTION #83-128 RESOLUTION APPOINTING NANCY CLOUGH TO THE WEST HENNEPIN HUMAN SERVICES BOARD FROM THE REMAINDER OF 1983 The vote was unanimously in favor. Motion carried. l7. APPOINTMENT OF BRUCE WOLD AS ACTING CITY MANAGER AND ACTING CITY CLERK The City Manager explained that he will be on vacation the week of July 24, 1983 until July 31, 1983. At the same time the City Clerk will be at the University attending the Municipal Clerks Institute. He is recommending 131 July 19, 1983 that Bruce Wold be appointed Acting City Manager and Acting City Clerk for that week. Charon moved and Paulsen seconded the following resolution: RESOLUTION #83-129 RESOLUTION TO APPOINT BRUCE WOLD ACTING CITY MANAGER AND ACTING CITY CLERK FOR THE WEEK OF JULY 24, 1983 TO JULY 31, 1983 The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS Peterson moved and Charon seconded a motion to approve the bills as presented on the pre-list in the amount of $98,205.13, when funds are available. A roll call vote was unanimously in favor. Motion carried. 19. INFORMATION/MISCELLANEOUS A. Analysis of 1984 State.Aid Formula - The City Manager had prepared a comparative analysis of the 19 State Aid Formula and the surrounding communities. B. Letter from Cable T.V. Attorney - A letter confirming that July 8, 1883 the State Cable Board certified the Cable Television Franchise for the -City of Mound. C. Article on Blue-Green Algae D. Article on .Purple Loosestrife - Short discussion on .Lost Lake's Purple Loosestrife. E. Letter from County Health Dept. - regarding the microbiological testing of water from Pembroke Beach. The City Manager will check on the implications of this testing. F. Final List of Approved HUD Jobs Projects - from Hennepin County G. LMCD Meeting Schedule for July ~ August H. School Board Minutes - fron June 13, 1983, Meeting I. AMM Annual Report - for 1982-1983 J. Metropolitan Council Organization Structure K. American Legion Gambling Report - for the month of June, 1983• L. Ehlers & Associates, Inc. Newsletter - date July 1, 1983• M. Westonka Chamber Waves - July 1983 N. Continental Telephone Rate Filing 0. SRA Meeting Notice - July 20, 1983, 6:30 P.M. at the Ambassador Motor Hotel. 132 July 19, 1983 P. Transportation Newsletter - Information from the Hennepin County Transportation Coordination Program. Q. Notice of Public Hearing on Amendments to Hazardous Waste Management Ordinance and Solid Waste Dis osal Ordinance - to be held August 2, 19 3, at 10:00 A.M. in the County Board. Room, 24th Floor, Hennepin County Government Center, 300 South Sixth Street, Minneapolis. R. Update on the Town Square Project - Memo from City Manager S. Selecting a Financial Consultant - Memo from City Manager. The Council agreed that the Staff should put together and RFP, issue it to different consultants and then he and the Finance Director can narrow down the field and make- recommendations of 2 or 3 for the Council to interview. T. Memo from John Rocheford -Announcing the groundbreaking ceremony for Westonka Estates to be August 4, 1983, at 3:30 P.M. U. Meeting Notice - from Minnehaha Creek Watershed District to be held Thursday, July 28, 1983, at 4:00 P.M. in the conference room of Eugene A. Hickok and Associates, 545 Indian Mound, Wayzata, MN., for the purpose of reviewing a proposed outline for the District's revised Overall Plan. V. What your Opinion? - A summary of the surveys that have been returned to the City. Mayor Polston asked that a letter be written to all the people who applied for the vacant Council seat thanking them for their interest and encouraging them to join other commissions and committees in City government. APPOINTMENT OF ACTING MAYOR Paulsen moved and Jessen seconded the following resolution: RESOLUTION #83-130 RESOLUTION APPOINTING PINKY CHARON AS ACTING MAYOR FOR 1983 The vote was unanimously in favor. Motion carried. APPOINTMENT OF COUNCIL REPRESENTATIVES TO THE PARK AND PLANNING COMMISSION Paulsen moved and Peterson seconded the following resolution: RESOLUTION #83-131 RESOLUTION APPOINTING PHYLLIS JESSEN AS COUNCIL REPRESENTATIVE TO THE PARK COMMISSION The vote was unanimously in favor. Motion carried. Paulsen moved and Peterson seconded the following resolution: RESOLUTION #83-132 RESOLUTION APPOINTING PINKY CHARON AS COUNCIL REPRESENTATIVE TO THE PLANNING COMMISSION The vote was unanimously in favor. Motion carried. 133 July 19, 1983 APPOINTMENT TO THE HRA Polston moved and Peterson seconded the following resolution: RESOLUTION.#83-133 RESOLUTION REAPPOINTING HELEN EUGSTER TO THE MOUND HOUSING AND REDEVELOPMENT AUTHORITY .RETROACTIVE TO JANUARY 1, 1.982, FOR A TERM OF FIVE YEARS, UNTIL DECEMBER 31, 1987 The vote was unanimously in favor. Motion carried. Charon moved and Paulsen seconded a motion to adjourn at 10:00 P.M. The vote was unanimously in favor. Motion carried. Elam, City Manager Fran lark, City Clerk BILLS-----JULY 19, 1983 Assn Metro Munic 10.00 Metro Waste Air C 2,524.50 6 Griggs Cooper Johnson Bros Liq 2, .67 3 OZ~3,00 ' omm 25.00 Northland Elec Supply 1 2.98 Abdo, Abdo ~ Eick 1,160.00 North Star Serv 59.64 Assn of Metrop Munic 1,488.00 A.J. Ogle 2,552.45 Acro Minnesota 45.62 Pepsi Co 1a/ 7 Up 241,25 Badger Meter 1,876.86 Pogreba Distrib 6,311.05 Blackowiak ~ Son 56.00 Royal Crown Beverage 325.30 Bury ~ Carlson 197.10 REo Raj Kennels- 116.00 Bryan Rock Product 228.62 Rustique Decorating 156.02 Butch's Bar Supply 334.50 Regal Window Clean 10.75 Bowman Distrib 13.96 Don Rother 40.04 Capitol Electronics 140.00 Satellite Industries 821.00 Bill Clark Standard 1,893.39 Nels Schernau .10.05 Coast to Coast 175.49 Spring Park Car Wash 78.40 Continental Telephone ],138.43 Terry Sincheff 646.85 Coca Cola 441.90 Surburban Tire 426.46 Gary Ca yo 2.00 J.L. Shiely Co. 98.28 City Club Distrib 3,438.25 State Bank of Mound 14.30 Cash Register Sales 884,20 St. Boni Farm Store 400.00 Chapin Publishing 32,40 Schnell ~ Madson 245,00 Robert Cheney 334.00 Twin City Home Juice 56.94 Cole Publications ]44.00 T ~ T Maintenance 119.33 Duanes 66 49.00 Thorpe Distrib 7,385.35 Day Distrib 3,360.27 Unitog Rental 259.97 Datco Specialty Light 133.42 Water Products 417.00 Dixco Engraving 9.25 Westonka Sewer ~ Water 400.00 East Side Beverage 5,914.49 Widmer Bros, 1,002.00 Jon Elam 7,50 Westonka Sanitation 150.00 FeedRite Controls 286.37 Bruce Wo1d 29.69 Farmers Steel 136.00 Westonka Firestone. 13.93 W.W. Grainger 273.56 Winner Industries 12.42 Glenwood Inglewood 48,90 Xerox 82.72 Gerrys Plumbing 71,00 Newhouse Bldrs 1,112.80 Eugene Hickok 6,288,40 Ed Phillips 3,339.31 Henn Co. Sheriff Dept 17.10 Smith Heating & Air 199.75 Human Resource Consult 445,00 Howard Simar 450,00 Robert E. Johnson 38.94 State Treas 527.22 Island Park Skelly 287,68 Holly Bostrom 156.00 Kool Kube Ice 449,20 Empire Crown Auto 19.95 Krautkremer Assoc 235.00 First Bank Mpls 12.00 The Laker 81.48 Gerrys Plumbing 34.00 Lehn Electric 140.25 Henn Co. 1,274.00 LOGIS 1,511.32 Internatl Inst Munic Clrk 50.00 City of Minnetrista 103.00 J,g, Distrib 80.40 Marina Auto Supply 298,20 Lyman Lumber 195.60 McCombs Knutson 637.00 Lutz Tree Serv 3,105.00 Minnegasco 76.67 LMCD 1,998.50 Mound Fire Dept 5,595.05 Minnesota CLE 250.00 Wm Mueller 2,331.82 Metro Fone 23.60 Martins Navarre 66 54.25 Minn Comm 28.75 Mound Electric 38.00 MN Munic Liq Store Assn 125.00 Navarre Hdwe 239.56 Mpls Oxygen 59.36 NSP 5,901.70 NW Bell 65.35 St Boni Farm Store 169.00 NSP 4,092.10 Weber ~ Troseth 118.00 TOTAL BILLS 98x205.13 ~~~