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1985-04-0960 April 9. 1985 MINUTES REGULAR COUNCIL MEETING AP.C~-~. ~ ~~ The City Council of Mound Hennepin County. Minnesota. met in regular session on April 9> 1985. at 7:30 P.M. in the Council Chambers at 5341 Maywood Road. in said City. Those present w ere: Mayor Bob Polston. Councilm embers Phyllis Jessen Gary Paulsen and Steve Smith. Councilmember Russ Peterson was absent and excused. Also present were: City Manager Jon Elam. City Attorney Curt Pearson. City Planner Mark Koegler. City Engineer John Cameron. Police Chief Lenny Harrell. City Clerk Fran Clark. Building Inspector Jan Bertrand and the following interested citizens: Mr. & Mrs. Bill Alexander. Mr. & Mrs. Brian Schultz Harvey Reder. William Habicht, Wendy Anderson Joyce Nelson. Jackie Meyer Bradley Larson. Vincent Forystek> Joyce Olson. The Mayor opened the meeting. welcomed the people in attendance and congratulated the City Clerk for her election to the office of Treasurer in the Minnesota Clerks and Finance Officers Association. MINUTES MOTION was made by Councilmember Jessen. seconded by Councilmember Smith. to approve the minutes of the March 12. 1985 regular Council meeting as submitted. The vote was unanimously in favor. Motion carried. MOTION was made by Councilmember Paulsen. seconded by Councilmember Jessen. to approve the minutes of the Harch 19~ 1985. Special Council meeting as submitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR CLASS 3 RESTAURANT CAPTAIN BILLY~S. 5241 SHORELINE BLVD. The City Planner stated that he feels there will be no impact on the neighorhood behind the building and the shortage of parking spaces will be alleviated by the use of the vacant lot next to the Center. This vacant lot and the center property is all one tax parcel so if the owner Mr. Saliterman wanted to sell the vacant piece it would have to be subdivided and would come before the Council for approval. This will insure that the vacant lot be used for parking. if needed. 61 April 9, 1985 The Mayor opened the public hearing and asked if there were any comments for or against the issuance of a Conditional Use Permit for a Class 3 Restaurant known as Captain Billy's. TO M COOK, 23+3 Fairview Lane stated that he would like some sort of screening installed on the east if the parking lot is going to be used. The Mayor closed the public hearing. Bill Alexander of Captain Billy's stated that he did not know how to answer Mr. Cook's request except to say that he will do everything he can to make the business as harmoneous as possible in the neighborhood. Councilmember Paulsen asked Mr. Alexander about the letter from Joan Gilchrist of the Hennepin County Health Department and the items listed that still need to be done. Mr. Alexander stated that he had spoken to Ms. Gilchrist this afternoon and she agreed to give them 3 to ~ weeks to complete the items on the list. The Building Inspector agreed to also allow them 30 days to complete the items on her list. Mayor Polston suggested adding a provision to the approval resolution stating that if the extra lot is used for parking lot, screening will be installed. The Council agreed and also stated they would like the. Health Dept.'s recommendations and the Building Inspector's recommendations incorporated in the resolution. Polston moved and Paulsen seconded the following resolution: RESOLUTION #85-37 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR A CLASS III RESTAURANT AND GRANT A PARKING VARIANCE IN SECTION 13. TOiiNSHIP 117. RANGE 2~F, PID # 13-117-24 3~ 0069/0070. AT 5241 SHORELINE BLVD.. TO BE KNOWN AS CAPTAIN BILLY•S. INC. The vote was unanimously in favor. Motion carried. PUBLIC HEARING• TO CONSIDER ISSUANCE OF ON-SALE INTOXICATING LIQUOR LICENSE FOR CAPTAIN BILLY•S RESTAURANT The Mayor opened the public hearing and asked.if there was anyone present who wished to speak in favor or against the issuance of this license. No one responded. The Mayor closed the public hearing. MOTION Was made by Councilmember Paulsen. seconded by Councilmember Jessen to authorize the .issuance of an On-Sale Intoxicating Liquor License to Captain Billy•s Restaurant. The vote Was unanimously in favor. Motion carried. 62 April 9. 1985 RESTAURANT. POOL TABLE. VIDEO GAMES. CIGARETTE ENTERTAINMENT. GAMES OF SKILL. AND DINNER DANCING LICENSES - CAPTAIN BILLY'S RESTAURANT MOTION was made by Councilmember Paulsen seconded by Councilmember Jessen. to authorize the issuance of the following licenses to Captain Billy's: restaurant. pool table. video games. entertainment. games of skill and dinner dancing. The vote was unanimously in favor. Motion carried. PUBLIC HEARING• TO CONSIDER ZONING ORDINANCE AMENDMENT RELATING TO SATELLITE DISH ANTENNAS The City Manager stated that the Planning Commission and City Planner have come up with a concise amendment to the zoning ordinance regulating satellite dish antennas in the City. The City Planner went over the proposed amendment for the Council. The Mayor stated he is opposed to this ordinance because he feels the dishes are not a threat or hazard to the public and that the the City should not regulate the sizes or where they can be put. Councilmember Paulsen stated that he is in favor of this ordinance and that the antennas should be treated as an accessory building. He further stated that he feels the City has to deal with this subject to protect residential property owners. Mayor Polston opened the public hearing and asked if there was anyone present who wished to speak for or against the proposed ordinance amendment. No one responded. The Mayor closed the public hearing. Paulsen moved and Jessen seconded the following: ORDINANCE #475 AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATING TO SATELLITE DISH ANTENNAS Councilmember Smith asked if-the Council asked the Planning Commission to study this amendment. Councilmember Paulsen answered no. that the Planning Commission initiated this amendment. The vote on the amendment was 2 in favor with Mayor Polston and Councilmember Smith voting nay. Tie vote. Motion denied. The City Attorney pointed out that the ambndment would have needed a 4 votes for approval. PUBLIC HEARING• TO CONSIDER CONDITIONAL USE PERMIT FOR ZERO LOT LINE TWIN HOMES (THREE) IN THE X700 BLOCK MANCHESTER ROAD. - HARVEY REDER The City Manager explained that the Planning Commission has 63 April 9, 1985 recommended approval with conditions. He went over the conditions with the Council. The Mayor opened the public hearing and asked if there was anyone present who wished to speak for or against the proposed Conditional Use Permit. No one responded. The Mayor closed the public hearing. The City Attorney suggested adding an additional condition that the lots be combined to have 6 taxable parcels (Lots 7 & 26, 6 & 27, 9 & 2~4, 8 & 25, ~ & 29, 5 & 28). The Council agreed. Polston moved and Paulsen seconded the following resolution: RESOLUTION #85-38 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF ZERO LOT LINE TWIN HOMES, LOTS ~1~5,6.7,8~9.24,25,26,27. 28:29, BLOCK 9. WYCHWOOD, X700 BLOCK OF MANCHESTER ROAD PID #19-117-23 32 0087/0088/0089 The vote was unanimously in favor. Motion carried. PUBLIC HEARING: EXPENDITURE PLAN FOR YEAR XI COMMUNITY DEVELOP- MENT BLOCK GRANT FUNDS, FUNDS AVAILABLE ~76~581 The City Manager explained that there has been one change since the hearing notice was published and that is to budget X7,650 for the W estonka Senior Van, which would then lower the Downtown Improvement Financing to $12,350. The Mayor opened the public hearing and asked if there was anyone present who wished to comment on the proposed use of the CDBG funds. No one responded. The Mayor closed the public hearing. Councilmember Smith asked about the costs on TIF. The City Manager stated that these are the upfront costs such as legal, engineering, administrative, etc. and would be reimbursed if the bonds are sold. Paulsen moved and Jessen seconded the following resolution: RESOLUTION #85-39 RESOLUTION APPROVING THE PROPOSED PROGRAM FOR YEAR XI URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL The vote was unanimously in favor. Motion carried. REQUEST FOR LOT SUBDIVISION - BLOCK ~ SHIRLEY HILLS UNIT F, SUPER AMERICAN & BALBOA OF MINNESOTA CO. The City Manager explained that the Planning Commission has 64 April 9. 1985 recommended approval of the subdivision request waiving the Park dedication fee of $7040. The Mayor stated that he does not agree with waiving the Park dedication fee because if we do it for one we will set a precedent. The Council agreed. Paulsen moved and Jessen seconded the following resolution: RESOLUTION #85-40 RESOLUTION TO APPROVE THE FINAL SUBDIVISION OF LAND FOR BALBOA OF MINNESOTA CO., AT CYPRESS LANE AND SHORELINE BLVD., PID #13-117-24 34 0061/0064, AND PART OF 0065 INCLUDING THE PARK DEDICATION FEE OF X7,040 Mr. Bill Habicht, representing SuperAmerica and Balboa stated that the reason the Planning Commission recommended waiving the fee was that it was not brought up in the Conditional Use Permits and they had not anticipated an extra cost. The project has been extremely expensive and SuperAmerica. Balboa and Mr. Ogren have been cooperative with the City in meeting all the City's requests. The vote was unanimously in favor. Motion carried. COMMENTS_& SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there were any comments or suggestions from the citizens present. There were none. RECYCLING BIDS - PILOT PROGRAM Wendy Anderson explained that only 1 bid was received for the Pilot Recycling Program to be conducted in The Highlands. It was from Beermann Services for a flat fee per month of $300.00 and an additional $35.00 for~the drop-off site 1 day per month. She stated, she has figured the costs for the remainder of 1985 to be $18.112.30 (after receiving Hennepin County funds and Met Council funds. it will cost the City of Mound ~6~300.15). This is the Pilot Program for five months and the City-Wide program starting in September. The 1986 costs would be X22.390.80 (after funding the cost to the City of Mound will be X9.445.40) for the City- wide program. MOTION Was made by Councilmember Jessen, seconded by Councilmember Paulsen to approve the bid from Beermann Services for the Pilot Program and also to approve the 1985 costs for the Pilot and City Wide Program (after funding) of X6,300.15. The vote was 3 in favor With Councilmember Smith abstaining. Motion carried. 65 April 9. 1985 The Council discussed the fact the recycling will probably be mandatory in a few years, but that the Legislature needs to understand what costs are involved on the local level for setting up a recycling program. Councilmember Smith stated it was difficult to vote no on recycling but that the costs are such that he feels we should let the bigger cities plod the ground and w ork out the kinks and the money we would have spent could be better spent in other places. The Council thanked the Committee for their time and work on this project. REQUEST TO SELL CITY OWNED LOT 15~ BLOCK 11~ DEVON. TO BRADLEY CARSON ( PID #25-117-24 .~ 0 0 The City Manager explained that Mr. Larson would like to purchase this lot for $1.500 and combine it with his adjoining property to make his lot bigger. We have checked this out with the City Attorney and the lot is ours to sell. if the Council wishes. MOTION made by Councilmember Jessen. seconded by Councilmember Paulsen to authorize the sale of Lot 15. Block 11. Devon. PID #25-i17-24 11 0150. to Bradley Larson for X1.500. City Attorney to prepare the proper documents. The vote Was unanimously in favor. Motion carried. LYNWOOD BLVD. IMPROVEMENT PROJECT The City Engineer went over the plans and specifications for this project to be submitted the the State of Minnesota. He submitted the engineer's estimate for the total construction. It was $170,301. He further stated that this could go up because he was not sure how much it would cost to remove the Anderson Building. He also pointed out that the State will not allow all the cost of the storm sewer so the City will have to pick up about 50X of that cost. The Council needs to approve the plans for submission to the State. ". Jessen moved and Polston seconded the following resolution: RESOLUTION #85-41 RESOLUTION TO APPROVE THE PLANS AND SPECIFICATIONS AS SUBMITTED BY THE CITY ENGINEER FOR THE LYNWOOD BLVD. IMPROVEMENT PROJECT (#S.A.P. 145-104-03) AND AUTHORIZING SUBMISSION TO THE STATE The vote was unanimously in favor. Motion carried. The City Manager explained that he now has all the appraisals for the project and is ready for the Council to approve the fair market values and authorize offers to be made to acquire the parcels necessary for the project. 66 April 9~ 1985 Paulsen moved and Jessen seconded the following resolution: RESOLUTION X85-42 RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING OFFERS TO ACQUIRE ACQUISITION PARCELS A,B,C,D,E, LYNWOOD BOULEVARD IMPROVEMENT PROJECT (~S.A.P. 145-104-03) The vote was unanimously in favor. Motion carried. REQUEST UNDERTAKING PUBLIC IMPROVEMENT STUDY ON LOTS 25, 26, 27, AND NORTHEASTERLY 115 FEET OF LOTS 15 & lb, BLOCK 8, PEMBROKE - VINCENT D. FORYSTEK The City Manager explained the Mr. Forystek is requesting the City undertake a public improvement plan to extend water, sewer and improved streets to several-lots off of Paisley Road. The total preliminary costs as figured by the City Engineer are $19290. Mr. Forystek explained that he is buying one of these lots from his brother and the other parcel he is purchasing from Hennepin County Tax Forfeit Land on a contract. He would then like to divide these lots into two buildable sites and build one house himself and sell the other lot, but he would like the road and utilities extended. He has checked with some contractors and if he provided these improvements he figures it would co-st less than the X19.290 figure. The City Manager explained that the question is does the City want to act as a financial agent and assess the costs back to these lots or have the applicant finance this himself. Mr. Foryytek stated there are some drainage problems in the area which are causing water in the basement of a house on Lamberton. The Council discussed this and decided to have the City Engineer investigate the drainage problem. The City Attorney stated that the City cannot do anything on this until Mr. Forystek is the fee owner of the property. PROPOSAL TO FUND FILMING OF COUNCIL MEETINGS FOR CABLE T.V. - JOYCE OLSON The City Manager explained that Ms. Olson has submitted a proposal for the filming of the Council Meetings and other additional program possibilities using part of the Franchise Fee the City receives from Dow-Sat for funding. The proposal is for 10 hours per week at X5.50 per hour or X3,160. The Council asked w hat other cities are doing with their Franchise Fee. The City Manager explained that the ones he has heard back from are just putting the money in the General Fund 67 April 9, 1985 and using it. not putting it back into community access programming. MOTION made by Councilmember Smith. seconded by Councilmember Paulsen to authorize spending #5.50 per hour for the next ~ Council Meeting, not to exceed #200.00. and then review this subject again. The vote was unanimously in favor. Motion carried. TAX FORFEIT_ LAND REVIEW The City Manager explained that Hennepin County has notified us that 11 parcels of property are on the Tax Forfeit list. The City reviews these and approves those that meet our zoning requirements for public sale; approves those undersized parcels for private sale to adjoining property owners; or retains some parcels for drainage park. etc. The City Engineer stated that he disagrees with one parcel on the release for public sale list. It is Lot 13A~ Brookton. He feels this lot should be retained for drainage purposes because all the properties around it drain into it and there is no storm sewer to handle the water on that lot. The Council agreed. Jessen moved and Polston seconded the following resolution: RESOLUTION #85-43 RESOLUTION AUTHORIZING APPLICATION FOR CONVEYANCE FROM THE STATE OF CERTAIN TAX FORFEIT LANDS (PID #1~F-117-2~ 31 0013) LOT 13A, BROOKTON The vote was unanimously in favor. Motion carried. Paulsen moved and Jessen seconded the following resolution: RESOLUTION #85-~4 RESOLUTION RELEASING CERTAIN TAX FORFEIT LANDS TO HENNEPIN COUNTY FOR PUBLIC AUCTION AND CERTIFYING THE SPECIAL ASSESSMENTS The vote was unanimously in favor. Motion carried. Paulsen moved and Jessen seconded the following resolution: RESOLUTION #85-45 RESOLUTION RECONVEYING ( IF NECESSARY) CERTAIN TAX FORFEIT LANDS BACK TO THE STATE AND REQUESTING THE COUNTY BOARD TO IMPOSE CONDITIONS ON THE SALE OF SAID TAX FORFEIT LANDS AND TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS The vote was unanimously in favor. Motion carried. 68 April 9. 1985 CHANGE IN MEETING TIME APRIL 23, 1985 The City Manager explained that it is the Campfire Girls 75th Anniversay this year and two troops from Mound would like to come to the April 23rd Council Meeting and lead the Pledge of Allegiance and present a friendship cake. Thus he would like to start the meeting at 7:00 P.M. The Council agreed. RESCHEDULE MAY 28TH REGULAR COUNCIL MEETING The City Manager explained that the Board of Review will be held on May 28th and he would like to reschedule the Council Meeting for May 21st. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to reschedule the May 28th Council Meeting to May 21st. The vote was unanimously in favor. Motion carried. BIDS TO UPGRADE SEWER LIFT STATIONS The City Manager explained that this is a budgeted item and the City received two quotations for the work. They were as follows for the upgaade of the lift station at 3100 Highland Blvd.:. Tri-State Pump Waldor Pump ~9~899 $11 ~ 962 MOTION made by Councilmember Paulsen, seconded by Councilmember Smith to approve the bid of Tri-State Pump in the amount of #9,899 for the upgrade of the lift station at 3100 Highland Blvd. The vote was unanimously in favor. Motion carried. GARDEN LEASES FOR CERTAIN CITY LOTS MOTION made by Councilmember Paulsen and seconded by Councilmember Jessen to approve a garden lease for Mr. ~ Mrs. Ray Kramer for Lots 10, 1 1 , 12, Block 4, L.P. Crevier•s Subd. for 1985. The vote was unanimously in favor. Motion carried. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to approve a garden lease for Herman Schrupp for Lot 22, Block 2, Dreamwood for 1985. The vote was unanimously in favor. Motion carried. SET DATE BID OPENING SEAL COAT PROJECT FOR 1985 MOTION made by Councilmember Paulsen, seconded by Councilmember Smith to set April 19, 1985, at 10:00 A.M. for bid opening for the 1985 Seal Coat Program, to be considered at the April 23, 1985, Regular Council Meeting. The vote was 69 April 9, 1985 unanimously in favor. Motion carried. QUOTATIONS FOR PARK SPRAYING The City Manager explained that this is the third year we have had this program in the Park Budget to contain the weeds and fertilize the grass in various. parks and the cemetery. We received 2 quotations this year which are as follows: Pro-Lawns Associated on the Lake ~5~520 with an additional prepayment discount of $x+96 making the quote ~5~02~.00. ChemLawn $5:969 He is recommending the quotation from Pro-Lawns at $5,024.00. Councilmember Jensen stated that Shoreview just passed an ordinance restricting fertilization of lawns because of the impact on the surrounding lakes. She stated that she knows with all the use the parks get they need these treatments. but would like the City Manager to tell the company who gets the bid to use caution in treating the parks by using less phospherous chemicals and using care to watch the weather when applying. Mayor Polston stated that he is opposed to spraying the parks because of the affect on the lakes. MOTION made by Councilmember Paulsen and seconded by Councilmember Jessen to approve the quotation of Pro-Lawns Associated on the Lake in the amount of ~5,02~.00 for 3 applications to various parks and the cemetery. The vote was 3 in favor with Mayor Polston voting nay. Motion carried. SET DATE FOR PUBLIC HEARING MOTION made by Councilmember Paulsen, seconded by Councilmember Jensen to set April 23, 1985, at 7:30 P.M. for a public hearing on an application for subdivision of land for 4 unit townhouses in the 1700 Block of Commerce Blvd. (PID #13-117-2~F 22 0252). The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS The bills were presented for consideration. NOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to approve the payment of bills as presented on the pre-list in the amount of t12~F,332.48, when funds are available. A roll call vote was unanimously in favor. Motion carried. 70 April 9, 1985 COMPARABLE WORTH UPDATE The City Manager stated that he feels there may be away the City can do a comparable worth study without spending $4,300 on the Control Data, FOCUS, program. He has been in contact with the State Job Match unit and they have sent the job descriptions for the study they have done which they consider for cities. Because Mound is unique in having many jobs combined we will have to do further study on this to see if we can make it work for us. He further stated that the Legislature has had two bills introduced this session that will alter the comparable worth mandate. One is to take police and fire out of comparable worth and the other is to extend the date of having the study done for 2 years. He stated he does not want to drop out of the Control Data study at this time, but that he will continue to monitor this and see if the City can use the State Job Match program. The Council agreed he should keep monitoring the CDC program and go ahead with the State Job Match system. AGREEMENT WITH BALBOA ON STORAGE OF CITY EQUIPMENT The City Manager explained that now that Balboa formally owns the Tonka Building, they have submitted an Agreement to store the city equipment in the• Tonka Building. The City Attorney stated he has gone over the Agreement and sees no reason why the City should not enter into this. MOTION made by Councilmember Paulsen seconded by Councilmember Jessen to authorize the Mayor and City Manager to enter into an Agreement with Balboa of Minnesota. to store city vehicles in the Tonka Building. The vote was unanimously in favor. Motion carried. SET DATES FOR PUBLIC HEARINGS MOTION made by Councilmember Paulsen and seconded by Councilmember Jessen to set May 14, 1985, at 7:30 P.M. for a public hearing on the proposed vacation of a portion of Gobden, Drummond and Windsor Roads. The vote was unanimously in favor. Motion carried. MOTION made by Councilmember Jessen and seconded by Councilmember Paulsen to set May 14, 1985 at 7:30 P.M. for a public hearing on a proposed amendment to the Zoning Hap for Lots 1 and 9. Block 13. The Highlands. The vote was unanimously in favor. Motion carried. 71 April 9~ 1985 CANCELLATION OF CONTRACT FOR DEED The City Attorney stated that he has prepared a Mutual Agreement for Cancellation of Contract for Deed on Lot 3~+, Auditor's Subdivision #167, between Mr. Steve Coddon and the City. This was done at Mr. Coddon's request. Jessen moved and Polston seconded the following resolution: RESOLUTION #85-46 RESOLUTION TO AUTHORIZE THE MAYOR AND THE CITY MANAGER TO SIGH A MUTUAL AGREEMENT FOR CANCELLATION OF CONTRACT FOR DEED WITH STEVE CODDON, ON LOT 3~F, AUDITOR'S SUBDIVISION #167 The vote was unanimously in favor. Motion carried. MOTION made by Councilmember Smith, seconded by Councilmember Polston to reconsider the motion made approving the spraying of certain parks and the cemetery by Pro-Lawns Associated of the Lake. Councilmember Smith stated that he is bringing this up again because of Councilmember Jessen's comment on the use of chemicals and the problems it causes in the lake. Councilmember Jessen stated that she knows the parks need the spraying because of the use and only brought up the subject because she wants the company doing the spraying to be particularly careful of when and how they spray. A roll call vote was tw o in favor of reconsidering the original motion with Councilmembers Jessen and Paulsen voting nay. Motion denied. INFORMATION/MISCELLANEOUS A. Letters from MWCC regarding wastewater flow measurement in Mound. B. Article on strategic planning. C.. Article on computer use. D. Leaf composting notice. E. Conference on land use notice. F. Minnehaha Creek Watershed District Agenda from March 21. 1985 and Minutes from February 21. 1985. G. Revised Town Square TIF Bond Schedule. 72 H. Citizens League Report - "Building On Strength". I. Met Council Review - March 15th. J. March Twin Cities Labor Information. K. Letter from Hennepin County - CSAH X125. L. Westonka Chamber Waves - April 1985. M. New Housing Update. MOTION made by Councilmember Paulsen Councilmember Jessen to adjourn at 10:55 P.M. unanimously in favor. Motion carried. April 9. 1985 seconded by The vote was L~ J n Elam. City Manager ~' ~.~ Fran Clark City Clerk C BILLS---------APRIL g, 1985 Computer run dated 3/26/85---Batch 854032 Computer run dated 3/28/85---Batch 854034 Computer run dated 4/4/85----Batch 854035 " Batch 854036 TOTAL BILLS 33,012.58 16,439.12 22,1gg.17 52,681.61 124,332.48 Ul ' -~