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1984-08-14163 August 14, 1984 REGULAR MEETING OF THE CITY COUNCIL The City Council of Mound, Hennepin County, Minnesota, met in regular session on August 14, 1984, at 7:30 P.M., in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston. Councilmembers Jessen, Paulsen and Peterson. Councilmember Charon was absent and excused. Also present were: City Manager Jon Elam, City Attorney Jim Larson, Police Chief Lenny Harrell, City Clerk Fran Clark and the following interested citizens: Larry Connolly, Vern Anderson, Betty Mueller and R. Sherlock. Mayor Polston opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the July 24, 1984, Regular Meeting were presented for consideration. Peterson moved and Paulsen seconded a emotion to table these Minutes so that Page 149, paragraph 3 can be rewritten. The vote was unanimously in favor. Motion carried. The Minutes of the July 30, 1984 Special Meeting were presented for consideration. Councilmember Paulsen stated on Page 161 he would like to have "north" of the 3. acre site inserted and on Page 162 a sentence stating that Westedge Blvd. used to be part of County Road 44. Paulsen moved and Peterson seconded a motion to approve the Minutes of the July 30. 1984. Special Meeting as amended. The vote was unanimously in favor. Motion carried. PUBLIC HEARING• "OFF SALE" BEER LICENSE FOR BETTY J. & MILBERT E. MUELLER DBA TOM THUMB SUPERETTE. 2222 COMMERCE BLVD. The Mayor opened the public hearing and asked if there were any comments for or against the issuance of this license. There were none. The Mayor closed the public hearing. Paulsen moved and Peterson seconded a motion to authorize the issuance of an "Off Sale" Beer License to Betty J. & Milbert E. Mueller DBA Tom Thumb Superette, 2222 Commerce Blvd. The vote was unanimously in favor. Motion carried. 164 August 14. 1984 CASE #84-340: GETTY OIL__CO 130 COMMERCE BLVD.. PT. .LOT LAFAYETTE PARK SIGN PERMIT REQUEST The City Manager explained that the Planning Commission recommended approval of this sign variance last evening. It had been postponed at an earlier meeting because there were a number of illegal advertising signs located on the right-of-way. The illegal signs have now all been removed. The approximate total square footage of the sign request is 173 plus 24. Peterson moved and Paulsen seconded the following resolution. RESOLUTION #84-120 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE A SIGN VARIANCE FOR GETTY OIL - PID #13-117-24 22 0025 The vote was unanimously in favor. Motion carried. APPOINTMENT OF ELECTION JUDGES FOR PRIMARY ~ GENERAL ELECTIONS Jessen moved and Peterson seconded the following resolution. RESOLUTION #84-121 RESOLUTION APPOINTING THE ELECTION JUDGES AS RECOMMENDED FOR THE PRIMARY AND GENERAL ELECTIONS, SEPTEMBER 11. 1984 & NOVEMBER 6. 1984 The vote was unanimously in favor. Motion carried. PAYMENT REQUEST• ALLIED BLACKTOP 1984 SEAL COATING PROJECT The City Manager reported that the seal coating for 1984 is now complete and the City has received a final payment request in the amount of $41.132.48. Staff is recommending approval. Peterson moved and Jessen seconded a motion to approve the payment of i41~132.48 as final payment for the 1984 Seal Coating Project when funds are available. The vote was unanimously in favor. Motion carried. AMENDMENT TO CITY CODE - CHAPTER 51.20 WEAPONS ~, CONCEALING OF WEAPONS Police Chief Harrell was present and stated that it was a suggestion made by the former Prosecuting Attorney to change Mound's ordinance governing weapons and the concealing of weapons. The proposed changes would remove the requirement of proving intent in o-r der to convict a violator. thus making the prosecution easier. The Council discussed this ordinance amendment in detail because of the language "Bowie knives or any knives resembling the Bowie 165 August 14, 1984 knife" which they felt could include knives that sportsmen might carry under a rain jacket. There were several other language questions that needed clarification so they referred this proposal back to the Staff and the Prosecuting Attorney to rewrite and clarify. No action was taken. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there were any comments or suggestions from the citizen present. Councilmember Jessen thanked Vern Anderson for planting the flowers in the boxes downtown. ORDINANCE RELATING TO LAND RECLAMATION & EARTH MATERIALS, REMOVAL STORAGE ~ EXCAVATION OF MATERIALS The City Manager explained that this ordinance was drafted to give Jan more control over the filling of lots and people dumping materails on lots. This idea was discussed at a previous meeting and the Council directed the Attorney to draw up a proposed ordinance which is now ready for adoption. _ Peterson moved and Jessen seconded the following: ORDINANCE #467 A ORDINANCE ADDING SECTIONS RELATING TO LAND RECLAMATION AND EARTH MATERIALS, REMOVAL, STORAGE AND EXCAVATION OF MATERIALS, AND REQUIRING A PERMIT The vote was unanimously in favor. Motion carried. PROPOSAL TO PURCHASE NEW CHRISTMAS_DECORATIONS ON BEHALF OF CBD The City Manager explained that ever since he has been-here Vern Anderson has been after him to purchase new Christmas decorations. The current decorations have been around for many years. have been stored in the Anderson Building and are looking rather tacky. He has gotten a quotation from Vaughn's to purchase 22 new decorations and pole trimmings for $4410.00 which includes a trade in of the old decorations. If the old decorations were not traded in the cost would be 1/3 higher and Vaughn's agreed to take them because they were purchased from them. The proposal for the purchase of these decorations is that the City pay the initial cost and then build it into the CBD Parking cost over the next 5 years. The CBD Parking Committee met on August 1st and recommended approval of the purchase. Mr. Anderson stated that the businessmen downtown all agreed that new decorations are needed. The new decorations will allow decorating from the Post Office to the intersection of County Road 110 and from the Arena to the 166 August 14, 1984 Williams Store on County Road 110. A future goal would be to decorate all the way from Bartlett Blvd. and County Road 110 to Three Points Blvd. and County Road 110. Peterson moved and Paulsen seconded a motion to authorize the purchase of Christmas decorations from Vaughn's at a cost of #4,410, including the trade in of the old decorations, and to charge the costs to the CBD Assessment District over the next 5 years. The vote was unanimously in favor. Motion carried. INSURANCE RISK MANAGER CONTRACT The City Manager went over the contract that has been presented by William E. Husbands for the period August 1 ~ 1984, to August 1, 1985, for risk management. The cost would be X400.00 per month or $4,800 per year. The Council discussed. Mr. Husband's various duties and suggested that we try bringing the risk management duties back in-house for a year to see if the Staff can handle it, thus saving $4.800. No action was taken. STOP SIGN REQUEST AT CORNER OF HALSTEAD LANE ~ WESTEDGE BLVD~_ The City Manager explained that one of the.,i.tems that came out of the Woodcrest neighborhood meeting was installing a stop sign on Westedge Blvd. at the corner of Halsted Lane. They suggested it might help slow the traffic as it moves down Westedge. Polston moved and Peterson seconded the following resolution: RESOLUTION X84-122 RESOLUTION TO APPROVE THE INSTALLATION OF A STOP SIGN ON WESTEDGE BLVD. AT HALSTEAD LANE The vote was unanimously in favor. Motion carried. ACCEPTANCE OF GIFT FROM DICK ~ MARGIE RINES The City Manager showed the Council a letter and a copy of a check that was received by the Mound Police Dept. for their excellent response to a family crisis. The Council commended the Police Department. Paulsen moved and Peterson seconded a motion instructing the. City Manager to write a thank you letter to Mr. ~ Mrs. Rines for their gift. The vote was unanimously in favor. Motion carried. SEWER REPAIR BIDS The City Manager explained that the City requested 2 bids to repair an area of sewer that runs north and south between Wilshire Blvd. and Bedford Road. We received the following: 167 August 14. 1984 Widmer Bros. X3.550 Westonka Sewer & Water No Bid (too busy to take job) The Council discussed the fact that they do not have two bids and should and decided to have the City Manager get another bid and then he could take the lowest bid. Peterson moved and Jessen seconded a motion to authorize the Manager to solicit another bid and then accept the lowest bid for the sewer repair Work on a line that runs north and south between Wilshire Blvd. and Bedford Road. The vote was unanimously in favor. Motion carried. Mayor Polston asked the City Attorney to prepare an opinion on the bidding procedures and purchasing procedures required under State Law. PAYMENT OF BILLS The bills were presented for consideration. Peterson moved and Paulsen seconded a motion to approve the payment of the bills as presented ot~ the pre-list in the amount of ~25~4.995.30. when funds are available. A roll call vote was unanimously in favor. Motion carried. APPOINTMENT OF CITY PROSECUTING ATTORNEY The City Manager explained that Minnetrista has apparently decided to keep Popham Haik (Mr. Radio) for their Prosecuting Attorney. St. Bonifacius is still waiting to see w hat Mound does. Because originally when we started this process the three. cities wanted to stay together and have the same prosecutor to save money and time, the City Manager sent out a letter to a number of law firms asking that they let us know if there was any interest in representing all three cities. We have received about 12 letters of interest including Popham, Haik and Jim Larson who was appointed interim prosecutor. Mayor Polston felt there was an advantage to having the same firm do the prosecutions that do the City's general work. Polston moved and Paulsen seconded the following resolution: RESOLUTION #84-123 RESOLUTION APPOINTING JIM CARSON PROSECUTING ATTORNEY FOR THE CITY OF MOUND The vote was unanimously in favor. Motion carried. RUSTIC PLACE MORTGAGE SATISFACTION The City Manager explained that Mr. Thompson who purchased one of 168 August 14. 1984 the lots in Rustic Place is now ready to place his mortgage with a bank and pay off the remaining balance with the City. The Council needs to approve a Mortgage Satisfaction to be given to Mr. Thompson when he comes in to pay off the lot. Paulsen moved and Jessen seconded a motion to authorize the Mayor and City Manager to sign a Mortgage Satisfaction on "Lot 2, Block 1 , Rustic Place and that part of Lot 3. Block 1, Rustic Place which lies southwesterly of aline parallel with and distant 41 feet southwesterly of the northeasterly lot line of said Lot 3", and present same to Mr. Thompson when he pays the City of Mound the balance owed. The vote was unanimously in favor. Motion carried. SEPTEMBER COUNCIL MEETING CHANGE Polston moved and Jessen seconded that the Council Meetings for the month of September be on the 18th and the 25. The vote was unanimously in favor. Motion carried. LETTER-FROM PCA The City Manager presented a letter the City received from the MPCA regarding the proposed Trolley Boat Housing Site Hydrogeologic Investigation. dated August 9. 1984. The Council briefly discussed the MPCA conclusions and recommendations. No action was taken. LETTER FROM HENNEPIN COUNTY HUD The City Manager presented a letter the City received from Hennepin County Office of Planning & Development regarding the tightening up of certain compliance requirements in the City's Small Business Assistance Loan Program. He explained that HUD will now be requiring ream s of paper to implement these programs and that contractors in this area will be reluctant to even bid a job with all the forms. This was an information item. No action was taken. EXTENTION OF RESOLUTION #79-356 - EDWARD R. STETTIN, LOTS 7, 8. Q, BLOCK 8, PEMBROKE The City Manager explained that Mr. Stettin has requested an extension of Resolution 479-356. Resolution Autho-rizing-The Subdivision By Allowing A Lot Size Variance With The Stipulation That All Setbacks Must Be Met. The reason he has not acted on the original resolution is due to excessive interest rates and the recession. The Building Inspector has recommended approval but that Resolution ~~79-356 be amended to include that the subdivision must be recorded and/or filed with the County Registrar or the Register of Titles within 180 days or the subdivision becomes null and void. 169 August 14. 1984 Peterson moved and Paulsen seconded the following resolution: RESOLUTION #8~-124 RESOLUTION EXTENDING RESOLUTION #79-356 FOR 1 YEAR AND AMENDING SAME The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A, Letter from George Riches - regarding problem s with weeds on other people property. The City Manager explained that this is a common problem and the City is just too short staffed to be able to do anything about it. He suggested hiring an outside contractor to clear some of these lots and then assess the costs to the property owner. The Council agreed. B. Letter from Planning Area 4. Re: HUD Fund Reallocation which was approved. C. Chamber Waves for August. D. Express Notes - Hennepin County Dept. of Transportation. . E. Comparable Worth Study Design Proposal. F. Metro Council Reviews - July 13 and 27~ 1984. G. Ehlers & Associates Financial Newsletter for August. H. AMM Bulletin - AMM Agenda and Important Activities Status. I. AMM Committee (General Legislation Committee) to which the City Manager belongs. J. Recycling Task Force Information; Letter from Hennepin County Dept. of Environment and Energy regarding a public meeting of siting of transfers stations; report on Hennepin County Large-Scale Energy Recovery Project; and a meeting notice from the Metropolitan Council. K. Twin Cities Labor Market - July. L. Invitation to participate in the All-America Cities Awards Program. M. Westonka Seniors Newsletter for August. N. Ind. School District 4277 Minutes of July 9~ 1984. 0. Americn Legion Gambling Report for July. 1984. P. August Calendar 170 August 14, 1984 SETTING DATE FOR PUBLIC INFORMATION MEETING ON 1985 BUDGET Jessen moved and Paulsen seconded a motion to set Thursday, September 5. 1984, at 7:30 P.M. in the Council Chambers at City Hall to provide the citizens of Mound with information on the City's financial condition and to solicit comments and suggestions regarding the 1985 City Budget. The vote was unanimously in favor. Motion carried. Councilmember Peterson stated that he would be absent from, the next Council Meeting. Peterson moved and Polston seconded a motion to adjourn at 9:20 P.M. The vote was unanimously in favor. Motion carried. ~~'~~ n Elam, City Manager ~~A~~ ,~S Fran Clark, City Clerk BILLS-------AUGUST 14, 1984 Air Comm 247.00 Pitney Bowes 59.25 Auto Con Industries 592.00 Pepsi Cola/7 Up 351.45 Allied Blacktop 41,132.48 Pogreba Distributing 5,154.05 A ~ K Construction 500.00 Precision Striping 598.00 Area Wide Locksmith 81.50 Bob Ryan Ford 6.17 American Test Center 725.00 Royai Crown Cola 76.25 Ben Franklin 150.30 Brad Roy 12.00 Blackowiak ~ Son 191.50 Rustique Decorating 2.86 Holly Bostrom 341.00 Repro Printing 238.92 Burlington Northern 553.33 Real One Acquisition 708.05 Donald Bryce 100.00 Satellite Industries 631.86 Babler Auto Body 30.00 Smith Heating ~ Air 425.00 Bryan Rock Products 567.02 Spring Park Car Wash 103.00 Butch's Bar Supply 204.52 Streicher Guns 9.50 Bowman Distribution 130.94 Startex 550.00 Jan Bertrand 144.38 Francis Salden 10.50 Coca Cola Bottling 240.03 Stewart-Warner 26.77 Cole Publications 144.00 Standard Water Control 4,280.00 City Club Distributing 6,005.30 Thrifty Snyder Drug 11.40 City Wide Services 10.75 Title Insurance 50.00 •Chemlawn 1,957.00 Tri State Pump 6,000.48 Copy Duplicating 15.00 Thorpe Distributing 7,663.50 Custom Fire Apparatus 44,000.00 Twin City Pricing 304.79 Robert Cheney 367.00 Unitog Rentals 207.03 Davies Water Equip 11.42 Village Chevrolet 82.70 Dependable Services 33.00 Van Doren, Hazard 2,620.50 Duane's 66 436.80 Van Waters ~ Rogers 322.05 Day Distributing 5,366.21 Wurst, Pearson, Hamilton 5,143.23 East Side Beverage 4,747.37 Water Products Co 1,461.00 Empire Crown Auto 7.99 Widmer Bros. 279.00 Flexible Pipe Tool 672.13 Xerox Corp 1,259.00 John Henry Foster 94.83 R.L. Youngdahl 3,511.00 Fidelity Products 561.25 Coast to Coast 208.71 Griggs Beer 2,106.12 Lowells Automotive 196.46 Goodin Co. 466.71 Minnegasco 39.54 Ganzel Signs 75.00 Fran Clark 200.00 Tom Green 688.00 Bill Clark OiJ 1,119.08 Glenwood Inglewood 52.00 Bill Clark Oil 790.23 Herb's Typewriter Serv 37.50 Jon Elam 77.96 Eugene Hickok ~ Assoc 180.00 1984 Fire Chiefs Conf 160.00 Henn Co. Sheriff 232.98 Griggs., Cooper 3,579.77 Harmon Glass 163.43 Nancy Gardner 60.00 Heiman Fire Equip 827.00 Henn Co. Register Deeds 3.00 J.B. Distributing 122.99 Leon Hanson 160.00 Kool Kube Ice 329.10 .Johnson Bros. Liq 6,516.75 Glen Litfin Trucking 75.00 Robert E. Johnson 652.10 The Laker 77.7.8 Jackie Meyer 149.69 Leighton Lindlan 500.00 Mound. Postmaster 131.40 City of Minnetrista 321.00 Wm Mueller 7.438.55 Marina Auto Supply 529.46 MN CLE 125.00 Mound Fire Dept 5,133.75 City of Mound 40.45 Metro Fone Communications 23.60 Metro Waste Contro l 1,262.25 MEDOX 45.50 Metro Waste Control 29,986.80 Martins Navarre 66 7.00 Ed Phillips ~ Son 3,070.82 Navarre Hdwe 329.46 Quality Wine 2,820.30 N.S.P. 3,757.10 Police Prod News 29.95 (cont) BILLS------AUGUST 14, 1984 (cont) Del Rudolph 435.00 Del Rudolph 25.08 Sears Roebuck 399.99 Richard Schwert 15,500.00 John Taffe 385.00 Jim Thompson 713.58 Westonka Chamber Commerce 32.00 Lutz tree Service 10,085.00 TOTAL BILLS 254,995.30