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1984-07-10137 July 10, 1984 REGULAR MEETING OF THE CITY COUNCIL The City Council of Mound, Hennepin County, Minnesota, met in regular session on July 10, 1984, at 7:30 P.M. in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Councilmembers Pinky Charon, Phyllis Jessen, Gary Paulsen and Russ Peterson. Mayor Bob Polston arrived at 7:35 P. M. Also present were: City Manager Jon Elam, City Attorney Curt Pearson, Building Inspector Jan Bertrand. City Engineer John Cameron. City Clerk Fran Clark and the following interested citizens: Marjorie St. John, Donna Rosengren, Mr. & Mrs. Leonard Harrell. Jay Peterson, James Rasicot, Greg Gustafson, Steve Amick, John Ogren, Betsy June Fitz, Kim Zitzloff. Dudley Fitz, Russ Witham. Terry Andrews, Richard Sykes, Rodger Bergquist, Barbara Bergquist, Tom Scham mel, Bonnie Schammel, Rebecca Berry, Kendall Berry, Nick Cotton, Penny Robbins, Sandy Inman, June Keneally, Jim Keneally, Clarence Lehman, Audrey Lehman, Larry Connolly. Acting Mayor Charon opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the June 18, 1984, Reconvened Board of Review were presented for consideration. Paulsen moved and Jessen seconded a motion to approve the Minutes of the June 18, 1984. Reconvened Board of Review, as presented. The vote was unanimously in favor. Motion carried. The Minutes of the June 26. 1984, Regular Meeting were presented for consideration. Peterson moved and Paulsen seconded a motion to approve the Minutes of the June 26. 1984. Regular Meeting, as presented. The vote was unanimously in favor. Motion carrried. CASE X84-344: DONNA ROSENGREN (REPRESENTING MARJORIE ST. JOHN, 1728 FINCH LANE, LOT 12 BLOCK 14, DREAMWOOD. 14 FOOT REAR YARD & 12.7 FOOT FRONT YARD VARIANCE The City Manager explained that the Planning Commission recommended approval of these variances with the condition that there be no further addition to this structure. They also wanted the Council to take note that they approved this because the property abutts Commons and does not appear as small as it is, not to set a precedence. 138 July 10 , 1 98~+ Paulsen moved and Peterson seconded the following resolution: RESOLUTION #84-100 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE VARIANCES FOR LOT 12, BLOCK 14, DREAMWOOD, PID #13-117-24 13 0018 The vote was 4 in favor with Mayor Polston being absent and excused. Motion carried. CASE #84-330: KOENIG-SCHWERT PARTNERSHIP, 2345-2349 COMMERCE BLVD., PID #14-117-24 44 0004. SIGN VARIANCE PERMIT The City Manager explained that the Planning Commission has recommended approval of this Sign Variance Permit as requested. Peterson moved and Paulsen seconded the following resolution: RESOLUTION #84-101 RESOLUTION TO CONCUR W ITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE SIGN VARIANCE PERMIT FOR KOENIG-SCHWERT PARTNERSHIP, PID #14-117-24 44 0004 The vote was 4 in favor with Mayor Polston being absent and excused. .Motion carried. LICENSE APPROVAL TOM THUMB SUPERETTE, 2222 COMMERCE BLVD. The City Manager explained that the Council can approve the Cigarette License for Tom Thumb but will have to seta date for a public hearing on the issuance of an "Off Sale Non-Intoxicating Malt Liquor License". Jessen moved and Paulsen seconded a motion to authorize the issuance of a Cigarette License to the Tom Thumb Superette at 2222 Commerce Blvd. The vote was 4 in favor with Mayor Polston being absent. The vote was unanimously in favor, Motion carried. Charon moved and Jessen seconded a motion to set August 14. 1984, at 7:30 P.M. as the date for a public hearing on the issuance of an "Off Sale Non-Intoxicating Malt Liquor License" for Betty J. Mueller dba Tom Thumb Superette. The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. MAYOR POLSTON ARRIVED. The Council decided to skip the next item on the Agenda and come back to it later in the meeting. 139 JULY 10, 1984 DESIGNATE POLLING PLACE FOR PRECINCT #1 The City Clerk reported that the Council needs to designate Shirley Hills Elementary School (Little Theatre) as the new polling place for Precinct 4~1. Paulsen moved and Peterson seconded the following resolution: RESOLUTION ~8~-102 RESOLUTION DESIGNATING SHIRLEY HILLS ELEMENTARY SCHOOL (LITTLE THEATRE) AS THE NEW POLLING PLACE FOR PRECINCT ~1 The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING - PROPOSED AMENDMENT TO CITY CODE CHANGING THE FENCE PROVISIONS Charon moved and Jessen seconded a motion to set July 24, 198~F, at ?:30 P.M. for a public hearing on an amendment to the City Code changing the fence provisions. The vote was unanimously in favor. Motion carried. AUTHORIZATION TO NEGOTIATE SALE OF X150,000 G.O. IMPROVEMENT BONDS The City Manager explained that is bond sale is to sell permanent bonds to replace the $180,000 in G.O. Temporary Bonds of 1981 which were sold to finance the 1981 Street Light Improvement and which mature on September 1~ 1984. Peterson moved and Charon seconded the following resolution: RESOLUTION #8~-103 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF #150,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1984 The vote was unanimously in favor. Motion carried. AUTHORIZATION TO NEGOTIATE SALE OF #100,000 FIRE EQUIPMENT CERTIFICATES OF INDEBTEDNESS The City Manager explained that this needs to be done so that when the new fire pumper arrives, w hich should be sometime soon, we can pay for it. Peterson moved and Paulsen seconded by the following resolution: RESOLUTION #84-104 RESOLUTION .PROVIDING FOR THE ISSUANCE AND SALE 0F~100,000FIREEQUIPMENT CERTIFI- CATES OF IDEBTEDNESS The vote was unanimously in favor. Motion carried. 140 July 10, 1984 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if any of the citizens present would like to address the Council. No one responded. GOMMONS MAINTENANCE PERMIT APPLICATION - SUSAN MANCHESTER 4873 ISLAND VIEW DRIVE The City Manager explained that the Park Commission has recommended approval of this Commons Maintenance Permit. Ms. Manchester wants permission to plant trees, shrubs and ground cover on Devon Commons abutting her property. Charon moved and Peterson seconded a motion to authorize the issuance of a Commons Maintenance Permit to Ms. Susan Manchester. X873 Island View Drive. on Devon Commons abutting her property on Lot 9. The vote was unanimously in favor. Motion carried. DEPOT RENOVATION BIDS The City Manager explained that the City has received 2 bids for the beginning of renovation of The Depot in Mound Bay Park. The renovation will consist of 6 items as follows: 1. Furnish and install bracing for lower level concrete block wall. 2. Furnish and install new. concrete wash adjacent to present sidewalk. 3. Furnish and install ten (10) combination (storm and screen) windows, plus one (1) main combination door, plus a pair of combination doors at the north end of the building. 4. Furnish and install a pair of fir or hemlock wood panel or flush doors including new wood frame at north end of building. 5. Add additional colums and structual supports to north end portico roof, plue patch deck, wood trim, plus repair insulation and siding at south end, plus repair railings. The bids received were as follows: 1. David Willette X10,800.00 2. Developers Construction. Inc. X11,500.00 This was budgeted in Revenue Sharing. The Staff recommends David Willette's bid of $10,800.00 Jessen moved and Peterson seconded a motion to approve the bid of David Willette in the amount of 510,800.00 for the renovation of The Depot. The vote was unanimously in favor. 141 July 10. 1984 Motion carried. ADMINISTRATIVE CODE The City Manager explained that the City Attorney has now gone over the Administrative Code and the Staff deleted all items that he had questions about. Section 27 was deleted today because it is covered in the Minnesota Statutes. The Manager stated that this code is an updated version of the one that was passed in 1978 and covers all non-union employees. The Staff and employees all had input into this item. Charon moved and Peterson seconded the following resolution: RESOLUTION #$4-105 RESOLUTION TO APPROVE THE CITY OF MOUND ADMINISTRATIVE CODE, DATED JUNE, 1984 The vote was unanimously in favor. Motion carried. MILL POND SUBDIVISION DRAINAGE PROBLEM The City Manager explained that we have now received an executed copy of the Purchase Agreement we had proposed ~to V_ernon A. Anderson. This property will be used as a holding basin for the drainage from Mill Pond and should__help to cure the problem the surrounding neighbors are having with the runoff from Mill Pond. The City has offered the owner $850.00 for the site described as follows: "West 100 feet of the North 100 feet of that Part of Lot 1 Mound Terrace lying South of the North 4 Acres thereof". Peterson moved and Jessen seconded a motion authorizing the Mayor and the City Manager to sign the a Purchase Agreement for property described as "West 100 feet of the North 100 feet of that Part of Lot 1 Mound Terrace lying South of the North 4 Acres thereaf".for 5850.00. The vote was unanimously in favor. Motion carried. PAYMENT REC2UESTS The City Manager stated that there are two payment requests from Webco Tank pertaining to the Island Park Water Improvement. The Staff is recommending approval. Charon moved and Paulsen seconded a motion to authorize the payment of the following to Webco Tank: 1. 59.438.75 2. #10.722.80 for work performed on the Island Park Water Improvement Project. when funds are available. The vote was unanimously in favor. Motion carried 142 July 10, 1984 PAYMENT OF BILLS The bills were presented for consideration. Paulsen moved and Peterson seconded a motion to approve the payment of bills as presented this evening in the amount of ~ 1 58.951 .~5. when funds are available. The vote was unanimously in favor. Motion carried VERBAL REPORT ON MEETING WITH MWCC RE- MONITORING THE SEWER LINES The City Manager explained that Hickok & Associates, the City of Mound and the Metro Waste Control Commission .have now met concerning Mound monitoring the sewer meters. MWCC felt the City should not have to monitor their monitors and will work with the City to be sure we.are being charged fairly. MWCC will train all of our people on calibrating the meters and Hickok & Assoc, with help with the evaluation of the figures. We will not need to continue with the report idea if MWCC does what they are going to do. No action taken. The City Manager will report back as things progress. SUPER AMERICA REDEVELOPMENT PROPOSAL The City Manager explained that Mr. Qgren, owner of the Metro 500 site; Mr. Amick, Engineer for Super America; and Mr. Gustafson, Attorney for Super America are present this evening. Super America went. to the Planning Commission previously to request that they be allowed to use the Metro 500 site to_build a new Super America station. The Planning Commission recommended denial because it is not a conforming site (because of a lack of square footage), and the reports are not in yet from the PCA on whether there is hazardous waste under the site. Since Super America is the present lessee of the Metro site and they have applied for a conditional use permit and variances for the property and it appears that final action on those applications will not take place before July 31, 1984, Mr. Orgen would like an extension of his grandfather status until January 30, 1985, so that he does not have to reopen this substandard, nonconforming station to keep the grandfather status. The City Attorney stated that there is nothing in the Zoning Ordinance to cover an extension, but if the Council decides it wants to extend this, then he would like to prepare a resolution with conditions. Mayor Polston expressed concern about setting a precedence for future requests. Peterson moved and Paulsen seconded a motion directing the City Attorney to prepare a resolution to provide a 6 month 1 ~+3 July 10~ 1984 extension for the .Metro 500 site. The vote was 4 in favor with Mayor Polston voting no. Motion carried. PUBLIC WORKS BUILDING DISCUSSION Councilmember Paulsen stated that he and Councilmember Peterson attended a meeting last week of the neighbors near the 3 acre site on Westedge Blvd.that has been proposed as a site for a new Public Works facility. At that meeting Mr. Tim Kenealy was chosen to be spokeman to present the neighborhood ideas and thoughts on the site. Tim Kenealy 2670 Halstead Lane stated that the people who got together last .week have reviewed the engineering report and the citizens report on the proposed Public Works facility and then have some questions that they would like answered and scme ideas to give. He stated they did not expect answers tonight. 1. What are the plans for paying for this facility? 2. Will the Tonka site be explored for temporary lease or purchase. 3. What would be done to the Westedge Blvd. if the 3 acre site were chosen? The engineering report'did;not deal with the road issue. 4. If there is .some money._available for this project maybe it would be a good idea to invest it and wait to build. Mayor Polston stated that he feels it is good to review projects as they move along. He then gave the background of- this project and explained the process that would followed. The Council discussed having some informal meetings with the citizens, Public Works personnel, Council and City Staff. Councilmember Paulsen suggested another alternate site to be looked at would be the property behind Anthony's Floral. Councilmember Peterson stated that he was at the neighborhood meeting and he felt one major. concern the people had was how many trips per day the trucks make and which way would they go- north or south on Westedge. He also felt there was concern about the noise impact this facility would have on the neighborhood. Jim Rasicot: 6705 Woodedge Road (Minnetrista). asked if the Council intended on doing this project within the next few months and asked what the scheduling is on this project. The Council responded that no specific date or timeframe has been set. They have not moved to order plans and specifications or set a specific site yet. 144 July 10, 1984 The following citizens spoke against using the 3 acre site for a new Public Works facility: Russ Witham, Sandi Inman, Sharen Rosengren, Clarence Lehman (Minnetrista resident), Penny Robbins,and Betsey Fitz. Charon moved and Peterson seconded a motion to call a Special Meeting of the City Council, Public Works employees, City Staff and interested citizens to discuss the Public Works Building issue. To be held Monday, July 30, i98~F, at 7:30 P.M. in the Council Chambers, 5341 Maywood Road. The vote was unanimously in favor. Motion carried. SUPER AMERICA REDEVELOPMENT PROPOSAL The City Attorney read the proposed resolution that he has prepared with regard to extending the grandfather clause for the Metro 500 site. Paulsen moved and Peterson seconded the following resolution: RESOLUTION X84-106 RESOLUTION EXTENDING THE PROVISIONS OF SECTION 23.04, SUBDIVISION 5, FROM JULY 31, 1984, TO JANUARY 31; 19.85 FOR PROPERTY LOCATED AT 5377 SHORELINE BLVD. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Materials from Hennepin County Park Reserve District Boat Tour. B. Metro Council Review - June 15, 1984. C. Senior Citizens Newsletter - July 1984. D. League of Cities Committees RE: possible people to serve. E. School Dist. 4277 Minutes - July 9, 1984. F. Letter from MTC re: future expansion of Western suburb service. G. Letter from Hennepin County Assessor notifying us that Milt Hilk has been appointed to the position of Appraisal Supervisor. H. Letter from U.S. Bench Corporation re: bus benches. I. Incredible Festival Notice. J. Thank you note from Nels Schernau. 1 ~5 July 10 , 1984 K. Thank you note from Blue Water Daze Festival. L. Letter Announcing Budget Hearings from MWCC. M. Letter expressing dissatisfaction regarding service at Meyer's Mound KO Service Station. N. Chamber of Commerce Newsletter. 0. Industrial Revenue Bonds Analysis. P. Newsletter from Hennepin County Community Health Department. Q. July calendar. Charon moved and Paulsen seconded a motion to adjourn at 9:50 P.M. The vote was unanimously in favor. Motion carried. J Elam, City Manager Attest: City Clerk BILLS---------JULY 10, 1984 Allstar Electric 279.48 Bob Ryan Ford 11.05 A-1 Minnetonka Rental 25.00 Royal Crown Beverage 25.75 Abdo, Abdo ~ Eich 775.00 _ Reo Raj Kennels 165.00 Acro-MN 210.33 Roto Rooter 76.50 Arrow Tank 1,015.00 Road Machinery 32.20 Holly Bostrom 266.00 Real One Acquisition 708.05 Donald Bryce 100.00 Satellite Industries 585.43 Bryan Rock Products 103.65 Spring Park Car Wash $6.00 Butch's Bar Supply 355.75 S.O.S. Printing 109.00 Bradley Exterminating 19.00 Serv-A-Dock 65.00 Bowman Distribution 266.43 State Bank of Mound 11.60 Braun Environmental Lab 2,698.75 St. Boni Farm Store 4.75 Jan Bertrand 23.44 Richard Schnabel 12.76 Coast to Coast 107.76 St Paul Book ~ Stationery 18.80 Coca Cola 259.05 Twin City Home Juice 159.88 City Club Distrib 4,638.24 Thrifty Snyder Drug 36.98 City Wide Services 10.75 Thurk Bros Chev 12.62 Chemlawn 1,851.00 Thorpe Distrib 4,776.20 Copy Duplicating 15.00 Unitog 216.40 Robert Chehey 367.00 VanDoren, Hazard, Stallings 2,928.00 Dependable Services 33.00 UARCO 282.96 Duane's 66 Service 30.00 Waconia Ridgeview Hosp 65.25 Day Distrib 4,143.18 Western Tree Service 983.00 Driver ~ Vehicle Serv 24.75 Water Products Co. 363.42 Don's Sod Serv 237.60 Widmer Bros. 899.50 East Side Beverage 4,232.75 Westonka Sanitation 370.00 El Marketing 119.00 Westonka Community Services 3,453.10 Jon Elam 9.97 Xerox Corp. 82.72 Farmers Steel Co. 60.91 R.L. Youngdahl 3,511.00 Griggs Beer 1,740.10 Holly Bostrom 144.00 Glenwood Inglewood 41.90 grookdale Ford 80.50 Henn Co. Treas 1,274.50 William Burton 58.50 Henn Co. Sheriff Dept 459.01 Mark Carvatt 44.47 Human Resource Consult 1,050.00 gill Clark 0i1 691.47 1 Horan Associates 1,188.00 Dept Property Tax , 7.73 Itasca Equip Co. 90.89 Fidelity Bank 985.00 Kromer Co. 60.80 Griggs Cooper 3,214.34 Kool Kube Ice 254.80 , Ron Gehring 435.00 Lowells 83.19 Jerry Henke 12.00 The Laker 4.05 Leon Hanson 230.00 MacQueen Equip 91.87 Johnson Bros. Liq 3,842.97 Marina. Auto Supply 536.45 Intl Assn Fire Chiefs 90.00 McCombs Knutson 3,362.00 Robt E. Johnson 658.12 Minnegasco 65.96 Joel Krumm 14.44 Mack Truck, Inc. 1,567.64 Kathy Kluth 55.00 Metro Fone Communications 23.60 Dr Robt Lauer 11,543.20 Navarre Hardware 551.02 MN Dept Public Safety-Liq 5.00 N.S.P. 4,557.71 Carey Manson 50.00 A.J. Ogle Co. 101.30 Metro Waste Contro l 886.80 29 Oswald Fire Hose 107.88 MN CLE , 125.00 Pepsi Cola 543.00 Mound Fire Dept 4,204.40 Pogreba Distrib 5,571.70 Minnegasco 112.07 (cont) BILLS-----JULY 10, 1984 (Cont) Metro Waste Control Commission 841.50 Ed Phillips ~ Sons 3,633.84 Quality Wine 1,561.82 Lee Patz 4.54 P.D.Q. 1,369.70 Dell Rudolph 442.50 Dell Rudolph 27.94 State Board of Electricity 100.00 Nels Schernau 92.87 Serv-A-Dock 7,178.55 Sterling Electric 138.55 David Thompson 150.00 Webco Tank 20,161.55 TOTAL BILLS 158,951.45