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1984-10-23221 October 23, 1984 REGULAR MEETING OF THE CITY COUNCIL The City Council of Mound, Hennepin County, Minnesota, met in regular session on October 23, 1984, at 7:30 P.M. in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Pinky Charon, Phyllis Jessen, Gary Paulsen and Russ Peterson. Also present were: City Manager Jon Elam. City Attorney Curt Pearson, City Clerk Fran Clark and the following interested citizens: Jerry Longpre, Robert Triplett, Vern Genslinger and Bruce M. Polaczyk (representatives from Hennepin County Department of Transportation), Jody Kruse. The Mayor opened the meeting and welcomed the people in attendance. PUBLIC HEARING: DELINQUENT UTILITY BILLS FOR OCTOBER The Mayor opened the Public Hearing and asked if there was anyone present who wished to speak with regard to a delinquent utility bill. No one responded. The Mayor closed the Public Hearing. Peterson moved and Paulsen seconded the following resolution: RESOLUTION X84-176 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF #2.857.86 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE FOR THOSE ACCOUNTS The-vote was unanimously in favor. Motion carried. CASE X84-368: MOUND DRY GOODS. dba LONGPREtS~ 2300 COMMERCE BLVD. SIGN PERMIT Jerry Longpre presented drawings of the proposed awning on which his store name would be printed. He further explained that Jody Kruse of 2 plus 2 which is located in the same building, but down the street would also be putting up an awning that would be different in color but the same design and printing for her shop. The City Manager reported that the Planning Commission has recommended approval even though according to the sign ordinance nothing should project over the right-of-way m ore than 18 inches. The Planning Commission _felt that the principal use of the sign is an awning .and thus recommended approval. Charon moved and Jessen seconded the following resolution: RESOLUTION X84-177 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE 222 October 23, 1984 SIGN PERMIT AS REQUESTED BY HOUND DRY GOODS, dba LONGPRE'S AT 2300 COMMERCE BLVD. The vote was unanimously in favor. Motion carried. CASE X84-366: ROBERT TRIPLETT, 4571 WILSHIRE BLVD., LOTS 3 & 4, BLOCK 10, AVALON, 2.7 FOOT & 12 FOOT FRONT YARD VARIANCE The City Manager explained that Mr. Triplett is requesting variances to construct an attached 24 foot by 24 foot garage to his existing dwelling. The variances required are a 12 foot front yard variance (front yard setback of 30 feet) and a side yard variance of 2.7 feet (sideyards of 10 feet and 8 feet are required for lots of record with a lot width of 80 to 100 feet). The Staff recommendation is to approve the 12 foot front yard variance due to the shape of the lot and preserving of the sparse forestation on the property. The Staff however, 'did not recommend approval of the 2.7 foot side yard setback as a hardship, but recommended that the applicant reduce the size of the garage to 22 feet x 24 feet, which would only require a .7 foot side yard variance. The Planning Commission approve the variances as per the Staff's recommendations. Charon moved and Paulsen seconded the following resolution: RESOLUTION X84-178 RESOLUTION TO APPROVE FRONT YARD AND SIDS YARD VARIANCES FOR LOTS 3 AND 4, BLOCK 10, AVALON, PID x`19-117-23 31 0025 (4371 WILSHIRE BLVD.) The. vote was unanimously in favor. Motion carried. The Mayor asked that the Council check into the vacating of old Wilshire Blvd. in front of the applicants house. When the new road was constructed it was realigned and this property should have been vacated at that time. If it had been done the applicant would no longer need the front yard variance. Peterson moved and Paulsen seconded a motion to have the Staff check into the possible vacation of the old road in from of 4571 Wilshire Blvd. by checking with all the utilities. and the engineers to see if it is needed for anything. The vote was unanimously in favor. Motion carried. 223 October 23, 198 APPROVAL OF PROPOSED PLANS FOR COUNTY ROAD 15 IMPROVEMENT Mr. Vern Genslinger and Mr. Bruce Polaczyk from the Hennepin County Department of Transportation were present and went over the plan in detail with the Council. The Council thanked Hennepin County for their cooperation. Charon moved and Jessen seconded the following resolution: RESOLUTION X84-179 RESOLUTION APPROVING HENNEPIN COUNTY'S PRELIMINARY IMPROVEMENT PLAN FOR CSAH N0. 15 The vote was unanimously in favor. Motion carried. Councilmember Paulsen stated that though he favors a wider road if the County Engineers recommend a X40' road and think it will be safe and an improvement then he will go along with it. Jessen moved and Peterson seconded a motion to set November 13. 1984 as date for a public hearing on the proposed vacation of Kildare Road east of the west Iot line of Lot 39. Block 11. Seton. The vote was unanimously in favor. Motion carried. LIQUOR INSURANCE REQUIREMENT FOR USE OF THE DEPOT The City Manager explained that the Staff is running into a problem when renting the Depot for occassions where the renters want to serve liquor. This happens 10-20 times per year. The problem is that the City requires that the renter provide insurance coverage which holds the City free from liability .(Host Liquor). Since we are dealing with many different insurance agents, some are requiring people to pay approximately $300 for a policy which the renters feel is exorbitent. The. options are: 1. Not to allow liquor at the Depot. 2. Buy a policy that covers this use and pro-rate its cost over the 10-20 users that need it each year. 3. Require each applicant to provide the coverage themselves, but since "Certificates of Insurance" do not add Mound to their coverage, it is useless. A "Binder" would. bind the party and incorporate protection for the City, but agents do not like to bind their companies. The Council discussed the problems. Mayor Polston suggested that the City should have a real complete policy on this if we are to do this. The Council directed the City Manager to check into the 224 October 23, 1984 cost of an insurance policy to cover this and then the Council will decide whether to allow liquor at The Depot and take a formal action. The City Attorney pointed out that $600,000 is now required. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there were any comments or suggestions from the citizens present. There were none. SET DATE FOR PUBLIC HEARING ON PROPOSED CONDITIONAL USE PERMIT TO ALLOW WHOLESALE ~ ASSEMBLY AT 2378 WILSHIRE BLVD. - H.E.I., INC. Paulsen moved and Charon seconded a motion to set November 13, 1984, as the date for a public hearing to consider the proposed Conditional Use Permit to allow wholesale and assembly at 2378 Wilshire Blvd., H.E.I., Inc. The vote was unanimously in favor. Motion carried. ORDINANCE AMENDMENT SECTION 32.08 OF THE CITY CODE RELATING TO HOURS OF SALE The City Clerk explained that the Council has amended all but one of the ordinances relating to liquor and the hours of sale on election days. We have amended others to be governed by what the state law provides. The non-intoxicating and intoxicating malt liquor ordinance, Section 32.08 of the City Code now-needs to be amended. Charon moved and Jessen seconded the following ordinance amendment: ORDINANCE #470 AN ORDINANCE AMENDING SECTION 32.08 OF THE CITY CODE RELATING TO HOURS OF SALE The vote was unanimously in favor. Motion carried. APPOINTMENT OF ADDITIONAL ELECTION JUDGES FOR THE NOVEMBER 6, x,984 GENERAL ELECTION Peterson moved and Jessen seconded the following resolution: RESOLUTION X84-180 RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE NOVEMBER 6, 1984, GENERAL ELECTION The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS The bills were presented for consideration. 225 October 23, 1984 Peterson moved and Paulsen seconded a motion to approve the payment of bills as presented on the pre-list. in the amount of ~99~539.36. when funds are available. A roll call vote was unanimously in favor. Motion carried. BIDS: 1984-85 CBD SNOW REMOVAL & FALL CLEAN-UP BIDS The City Manager reported that we received two bids for each of the above. They were as follows: 1984-1985 CBD SNOW REMOVAL 1. ILLIES & SONS A. Front End Loaders (2 or 2 1/2 yd. B. Trucks Single Axle, 6 yd. box Tandem Axle, 12 yd. box C. Other Equipment to be Used: 1. Plow Trucks 2. Bob Cats 3. Road Grader 2. Widmer Bros., Inc. A. Front End Loaders B. Trucks: 12 yd. Dump Truck C. Other Equipment to be Used: 1. Snow Plow 2. Blade 3. Sand & Salt $30.00/hour X38.00/hour $33.00/hour X35.00/hour X38.00/hour $b2.00/hour & $ 40.00/hour X40 .00/hour X40.00/hour $50.00/hour $32.00/yard The Staff is recommending Illies & Sons be awarded the bid on the basis that it is low bid overall. Jessen moved and Paulsen seconded the following resolution: RESOLUTION X84-181 RESOLUTION TO AWARD ILLIES ~ SONS THE BID FOR THE 1984-85 SNOW REMOVAL The vote was unanimously in favor. Motion carried. FALL CLEAN-UP BIDS 1. Illies & Sons (all dumping charges included $4,250.00 2. Westonka Sanitation tall dumping charges inlcuded $4,380.00 Councilmem ber Peterson stated that he has spoken with Mr. Zuccaro of Westonka Sanitation and he believes that the reason he cannot compete with Illies on this bid is because Mr. Illies of taking all the leaves and maybe some of the other refuse to his farm in buckets) $42.00/hour 226 October 23, 1984 Minnetrista and dumping there at no charge whereas, Mr. Zuccaro must take all his refuse to a approved landfill. The City Attorney suggested that if the Council wished to be sure that the refuse was being taken to an approved landfill, they should specify that in the bid specifications. The Council asked that in the future this be added to the specs. Paulsen moved and Charon seconded the following resolution: RESOLUTION #84-182 RESOLUTION TO APPROVE THE BID OF ILLIES & SONS FOR THE 1984 FALL CLEANUP IN THE AMOUNT OF X4.250.00 The vote was unanimously in favor. Motion carried. REPORT REGARDING LOST LAKE HAZARDOUS WASTE STUDY The City Manager submitted a letter from Braun Engineering and a map of the site. He explained that we are working with the PCA and now have a plan for digging up 3 areas of the site to determine if there are an hazardous wastes in those areas. If there are none, the PCA will remove the site from the hazardous waste list. He will keep the Council informed as the study progresses. INFORMATION/MISCELLANEOUS A. Minutes of Planning Commission Meeting October 8, 1984 B. Notice of Open House at Westonka Elderly & Handicapped Building, October 24, 1984, from 4:00 P.M. to 6;00 P.M. C. AMM Bulliten on activities of importance. D. Letter from Dow-Sat of Minnesota regarding the amount of money the City will be receiving from the revenues. The City Manager reported that KTCA has taken the local weather channel off the system. This consisted of a camera that showed a constant picture of radar weather for the Twin City Area. Dow-Sat would like the City to write a letter asking that this service be continued. Councilmember Peterson agreed and stated he has had several calls regarding this-service being retained for the system, because we are on the edge of the Cities and slot of time the weather has already passed us before we get any notification on the radio or T.V. of an approaching storm. The Council discussed this and they all agreed it is a needed service. 227 October 23. 1984 Charon moved and Peterson seconded a motion directing the City Manager to write a letter to the proper authorities asking that this service be continued on our Cable System. The vote was unanimously in favor. Motion carried. E. Minnehaha Creek Watershed District Agenda for October 18. 1984 , F. Letter from Jim Larson regarding the City Hall roof and the City's legal action against Sander & Co. G. Metro Council Review - September 28, 1984. H. Notice of the Sewer Service Area Advisory Board Meeting to be held October 17. 1984. I. American Legion Post ~~398 Gambling Report for September. J. New article regarding workers salaries. K. Memo from the League of Minnesota Cities regarding 1984 Legislative Issues of Importance to Cities. L. Ind. School District ~~277 Minutes September 10~ 1984. M. Directory of Local Government Officials. SET DATE FOR ELECTION CANVASSING MEETING Peterson moved and Paulsen seconded a motion to set November 7. 1984, at 7:30 P.M. for the City Election Canvassing Meeting. The vote was unanimously in favor. Motion carried. Peterson moved and Jessen seconded a motion to adjourn at 9:00 P.M. The vote was unanimously in favor. Motion carried. L~ on Elam City Manager ~e1.N~~ X Ld~c5..1.1~. Fran Clark. City Clerk BILLS-------OCTOBER 23, 1884 American Water Works Assn Air Comm AutoCon Industries Acro-MN Areawide Locksmith Blackowiak & Son Holly Bostrom Burlington Northern Donald Bryce Butch's Bar Supply Baldwin Supply B ~ M Proclean Bowman Distribution Braun Environmental Bachman Printing Bill Clark Oil Coast to Coast Continents] Telephone City Wide Services Robert Cheney Chem 1 awn Dictaphone Fire Control Extinguisher Farmers Steel Co. Al Gerald Welding Eugene Nickok ~ Assoc Happy's Potato Chips Hecksei Machine Shop J B Distributing J J Printing J & R Refrigeration Thomas Jacobs Kromer Co. Koehnens Standard LOGIS The Laker League of MN Cities Lehn Electric Lake Upholstery City of Minnetrista McCombs-Knutson Minnegasco Minnesota Fire, Inc. Mound Fire Dept Mound Medical Clinic Mtka Refrigeration Munitech, Inc. Metro Fone Communications Medical Oxygen ~ Equip 48,00 390.00 619,70 60.67 606.05 71,50 168,00 533.33 100,00 137.25 114,96 50,00 203.92 1,097.00 286,70 16.20 136.03 1,170.21 5.50 367.00 2,056.00 578.56 20.00 48.63 1,340.00 1,101.03 48.76 3 76.00 175.80 20.00 116.80 42.50 95.45 17.67 1,811.11 104.95 3,484.00 184.75 55.00 41.00 322.00 3.00 199.53 3,328.55 34.75 65.00 7.50 21.51 10.00 NSP NW Bell Telephone Optim Construction Popham Haik PDQ Food Stores Pithey Bowes Credit Brad Roy Radio Shack Spring Park Car Wash Don Streicher Guns Sterne Electric SOS Printing State Bank of Mound U n i tog Water Products Widmer Bros. Westonka Community Serv. Xerox Lutz Tree Serv. Jim Thompson Badger Meter Donald Bryce Gayle Burns Robert Cheney Direct Prop. Taxation Jon Elam Emery's Tree Serv Griggs Cooper Shirley Groth Johnson Bros. Liq Robert E Johnson Knox Lumber Evert Lehtola Mutual Benefit Life MN Documents Mound Postmaster Doug Novy Const Quality Wine Ed Phillips Deloris Schwalbe Howard Simar State Tress Swenson Nursery John Taffe TOTAL BILLS 4,837.88 248.46 7,137.00 175.80 1,252.36 26.00 18,37 15.83 60.75 49.39 196.23 51.65 17.30 277.17 532.36 .5,837.20 4,453.T9 2,025.85 7,360.00 1,167.05 100.00 350.00 15.00 350.00 27,163.63 25.10 239.20 2,605.23 57.28 3,115.96 706.00 96.12 30.00 577.37 10.85 600.00 595.00 2,389.24 1,172.42 48.53 313.75 451.67 490.80 382.50 99,539.36 - r ~. ~~~