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1985-06-11110 June 11, 1985 MINUTES BOARD OF REVIEW (continued from Hay 28. 1985) AND REGULAR COUNCIL HEFTING JUNE 11, 1985 Pursuant to due call and notice thereof, the Board of Review reconvened in the Council Chambers of the City of Mound, Hennepin County: Minnesota, at 5341 Maywood Road in said City on June 11, 1985 at -6:30 P.M. Those present were: Mayor Bob Polston, Councilmem hers Phyllis Jessen, Russ Peterson and Steve Smith. Councilmember Gary Paulsen arrived at 7:05 P. M. Also present were: City Manager Jon Elam, City Clerk Fran Clark, Hennepin County Assessor Keith Rennert'eldt and the following interested citizens: Chris Terlinden, Alvin Gudvangen, Bill Dunkley, Neil Weber. The Mayor reconvened the Board of Review. The Mayor explained that at this meeting the Assessor, Keith Rennerfeldt, will give the Assessor's decisions as to the value of the property questioned at the May 28, 1985, Board of Review. After the decisions are given and approved by the Council, it' the property owner still feels that the value is too high, ne has the right to appeal the decision to the County Board of Review. 1. PID #13-117-24 24 0007 - Duwayne Terlinden The Assessor recommended reducing the value of this property from $65,900 to $62,500. PID #13-117-24 24 0008 - Duwayne Terlinden The Assessor recommended reducing the value of this property from 359,600 to 353,500. 2. PID #13-117-24 ~1 0013 - Alvin Gudvangen The Assessor recommended reducing the value of this property from 387,900 to 377,900. 3. PID #18-117-23 23 0058 - Beatrice Amidon This person withdrew her request. 4. PID ~1~4-117-24 ~42 0123 - Gregory Berg_quist The Assessor recommended reducing the value of this property from 362,100 to 358,600. 5. PID #23-117-2~ 41 0017 - Dunkley Investments The Assessor recommended no change in the value of this property. 111 June 11. 1985 6. PID #23-117-24 41 0012 - GMG Inc (Mike Macklin) The Assessor recommended no change in the value of this property. 7. PID #13-117-24 42 0005 - Carev Manson The Assessor recommended reducing the value of this property from ~ 139 ~ 900 to ~ 129 ~ X400 . 8. PID #13-117-24 33 34 34 34 34 34 34 34 43 43 43 The Assessor rec property. 0036 - 0063 0015 0016 0042 0061 0064 0065 0055 0059 0065 - Balboa Minnesota Co, ommended no change in the 9. PID #23-117-24 11 0031 - Westonka Estates No action was taken on this property. value of this 10. PID #25-117-24 12 0018, 0019 0020 - Neil Weber The Assessor recommended reducing the value of PID (~25-117- 2~4 12 0018 from $19100 to 7.100. PID ~'s 25-117-24 12 0019 and 0020. no reduction was recommended. 11. PID #24-117-24 11 0002 - Grace Gordon The Assessor recommended reducing the value of this property from $128 000 to $121 .000 . 12. PID #19-117-23 21 0036 - John Dzik The Assessor recommended reducing the value of this property from X199.800 to 5192.000. 13. PID #24-117-24 24 0029 and 0030 - Ruth Gray The Assessor recommended no change in the value of this property. 14. PID #13-117-24 22 0112 and 0179 - Thomas Horton The Assessor recommended no change in the value of this property. Peterson moved and Jessen seconded the following resolution: RESOLUTION #85-69 RESOLUTION ADOPTING THE ENTIRE ASSESSMENT ROLE AS PRESENTED AND CORRECTED The vote was four in favor with Councilmem ber Paulsen abstaining because he arrived late. Motion carried. 112 June 11, 1985 MOTION made by Councilmember Smith, seconded by Councilmember Jensen to adjourn the Board of Review. The vote was unanimously in favor. Motion carried. The Mayor opened the regular Council Meeting at 7:30 P.M. anti welcomed the people in attendance. The following persons were present: Bill Dunkley, John Hubler, Mark Donahoe, Sherri Winkelman, Ardell Ziebill, Phil & Eva Hasch, Charlotte Sohns, Tom Sabin, Cherryl & Rich Lebra, Kim & Todd Yilek, Bonnie Lanns, G. Michael Jackson, Fred & Pat Guttormson, Rick Ro_ne, Gordon Swenson, Harlyn Crawi'ord, Scott & Christine Brickley, Geoff & Robin Michael, Dwight & Irma Wood, Flo & John Hurley, Audrey Evans, Suzanne & Steve Pauly, Dick & Connie Meyer, Scott Panning, Gary Rocue, Bill Clark Cheryl Grand, Neil & Audrey Froeming, Bernard Lister. The Mayor then asked that an additional item be placed at the end of the Agenda regarding the Continental Telephone rate increase. He then stated he would like to give his reasons for this addition. He stated:' "The statement about to be made is not directed at any of the local people who work for Continental Telephone Co. or live in the City of Mound. However, I find it hard to envision the rational and the utter contem p Continental Teelephone shows for the people of the Mound area and this exchange by asking for a 28~ increase. If they had been granted all the increases they have asked for in the last ten years, they would have been given something around a 200 increase in rates. I find it hard to believe that a handfull of corporate executives and stockholders can show such utter contempt and greed for the people with a Mound telephone exchange. We have one of the highest rates per capita for telephone services in the entire State. What they are doing is taking our money and subsidizing the their out-state exchanges. I have asked Continental on a number of occasions to look at Mound separately because of the services we have and charge a fair and equitable rate witn a fair and equitable return. They have ignored and continue to ignore our pleas of them to treat us fairly and equitably. Therefore I intend to ask the City Council for permission to write to the Governor asking that either he or the State Legislature take these facts into consideration and ask that Continental not be able to serve this area." MINUTES The Minutes from the May 21, 1985, Regular Council Meeting were presented for consideration. Councilmember Smith stated that he would like some clarification on Chapman Place which was added to the Agenda at the last meeting. He stated he was not on the Council when Chapman~Place was originally considered and therefore he could not compare the original site plans with the three changes that were adopted. He 113 June 1 1 , 1985 quoted the Minutes of May 21, 1985, and the three items that were adopted. He then stated that at the Planning Commission Meeting on June 10th there was a question as to whether anything else was amended at the Council Meeting, specifically the deletion of the three story atrium from the plans and also the moving of the heating and air conditioning units from one unit in the basement to individual units in each condo. He stated he would like the assurance of the Staff that only the three items discussed at the last meeting were adopted and not the items brought up at the Planning Commission. The Building Inspector stated that the atrium was eliminated when the Council approved a 29 unit building instead of the originally proposed 35 unit building in Resolution X84-20~. The drawing that was attached to that resolution was incorrect because it showed the atrium with 35 units and another drawing with the 29 units was never submitted by the developer. The outside site plan that was attached to that resolution was correct with only the 29 units. The atrium was deleted when the Council originally approved Resolution ~~84- 20~l. Councilmember Smith then asked if the same was true of the heating and air conditioning units. The Building Inspector stated that there were no mechanical plans submitted when the original approval was given. The plans dated May 15, 1985, labeled A-1 and A-2, which include the 3 changes only as referred to in the Minutes of the May 21, 1985, Meeting, are now incorporated into the resolution. MOTION made by Councilmember Paulsen, seconded by Councilmember Peterson to approve the Minutes of the May 21, 1985, Regular Council Meeting, as submitted. The vote Was unanimously in~favor. Motion carried. MOTION made by Councilmember Jessen, seconded by Councilmember Paulsen to approve the the Minutes of the May 28, 1985, Board of Review, as submitted. The vote Was unanimously in favor. Motion carried. The City Planner stated that there are really 2 issues to address in this case. The Planning Commission dealt with both. One, is that prior to considering the conditional use permit approval, they had to interpret the zoning on whether it is considered a minor or major repair facility. They voted 6 to 3 that it was a minor repair facility. A minor repair facility is allowed in a B-1 District with a Conditional Use Permit. The second issue is that if it is found to be a minor repair facility, is it appropriate for the downtown area. The Staff has some serious reservations about allowing this facility in the downtown area because of the present redevelopment efforts underway. Open storage could be a problem and some of the other aspects of that business. 114 June 11 , 1985 The Planning Commission did find that the use proposed is appropriate until August 31, 1985. The applicant, Steve Pauly, stated that the Planning Commission spent alot of time trying to differentiate between the boat business and the auto repair business and they tried to define major or minor repair rather than trying to define what the business is. The point he tried to make was whether or not this type of business can be operated in the existing Tonka Building with the potential of eventually moving directly across the street from Bill Clark Oil where he would eventually like to build a building. He was trying to get a feel for whether or not he could move into the downtown area. The Mayor opened the public hearing and asked if there was anyone present who wished to speak in favor of or against the granting of the Conditional Use Permit for 5542 Lynwood Blvd. KIM YELIK, 4861 Edgewater Drive - delivered the following statement: "W e, respectfully suggest that Mr. Pauly's application for a Conditional Use Permit be denied, pending his-written agreement to permanently cease illegal operations on his rented property on Edgewater Drive. We feel this is pertinent to the issue because, dispite his assurances at the Planning Commission hearing, he has tied his Lynwood Blvd. operation to his operation on Edgewater. Since Mr. Pauly took over the boat rental on Edgewater: he has, on a daily basis, continued to bring additional business and services from his Lynwood operation to the Edgewater operation. Mr. Pauly has continued to violate the ordinances set by the City of Mound, defying your authority to make and enforce the ordinances of our City. We have no problems with his operating the boat rental as is, but we won't allow his other business to move into our neighborhood. I have been in contact with Mr. Elam, complaining about these violations of the City's ordinances. If you wish to hear them I can expound on the issue, but I do understand the time limitations. We are just tired of him bulldozing his way in, making our lives miserable. Some of the violations have stopped since my conversation with Mr. Elam. Mr. Pauly knows all too well how to go about starting a business here, yet he did not take the proper .steps in either establishment. Mr. Pauly has violated at least 10 of the City's ordinances, as we understand them. We feel that granting this Conditional Use Permit is establishing a dangerous precedent. That is, allowing a business to start and continue operating illegally until the City notices it. We will receive a signal from the City Council that we may do as we please. You will be telling us that the laws that you made are only worth the paper they are w ritten on. The private citizen is fined for building without a permit, usually improving the property and raising taxes, yet a business is allowed to make money while operating illegally and only receive a public reprimand 115 June 11 , 1985 from the City. W you do grant him remind Mr. Pauly Thank you." don't think that is fair. In closing, if this permit we kindly request that you that it is only for the Lynwood property. Councilmember Paulsen asked Ms. Yi1ek to give an example of a major complaint she has against Mr. Pauly. Ms. Yelik stated that he is trailering his boats from Lynwood down Edgewater, putting them in the lake, working on the engine. revving the engine, speeding around the lake. pulling back in and working on the engine some more, repeating the same all over again, then pulling the boat out and leaving. He is parking trailers and boats on the street, repairing boats, selling gasoline, putting signs up and directly tying the business on Lynwood with the business on Edgewater Drive. The following persons spoke in favor of granting the Conditional Use Permit to Mr. Pauly: Resident at 5540 Lynwood Blvd.. Christine Brickley (Mound Superette), Resident at 4413 Lafayette (Spring Park), Fred Guttormson (C & R Manufacturing), John Huber (5816 Grandview Blvd.), Rick Rone (3018 Bluff's Lane)> Richard Meyer (Meyer's Mound Service). Phil Hasch (4810 Northern Road), Bill Clark (Bill Clark Oil). William Brickley (Mound Superette). Todd Yilek, 4861 Edgewater Drive - stated that he is worried that we will have more boat repair shops in downtown if this is granted a Permit. The Mayor closed the public hearing and brought the matter back to the City Council. He then stated that what the City Council has to decide first is whether this operation is a major or minor repair operation. In making a decision on the Planning Commission recommendation, the Council must base their judgement on facts and treat the applicant fairly and equitably based on those facts. Councilmember Paulsen asked Mr. Pauly to define major or minor boat repair. Mr. Pauly stated that." the Planning Commission was concerned about how things would look when people drove by. The boat business cannot be compared with the car business. A boat to be repaired is left to stand outside just like an automobile but never takes on the characteristics of something that is fully disassembled or being in chunks. As for what goes on inside a building in repairing boats, it is difficult to say that a car and boat end up to be the same thing because they are not". With the existing building and property he can only store as many boats inside as they can move around and also store only as many outside as they have room for. They have no intention of causing blight in the area. He stated he could not answer Councilmember Paulsen's question on major or minor because it is a difficult det'inition and it is very difficult to take that det'inition and use it in a decision making process to determine whether or not an engine which is partially disassembled as being the 116 June 11, 1985 determining factor as to whether or not you can operate a boat repair business. Mr. Pauly- stated that if a rod went out on an engine, the engine would be removed from the boat and sent to Minneapolis for repair, then returned and reinstalled in the boat. Most of their repairs are fast turnover, within a few days of bringing the boat in for the repair. Average turnover repair time is 7 days. Councilmember Jessen stated that she has two concerns: 1. _M r. Pauly rented the old Tonka garage and moved in and started working before asking for the proper permits. 2. He moved into a B-1 district. If he had moved into a B-2 district, it would have been better because she wonders if there wouldn't be a better use for this site with the new Town Square going in. Mr. Pauly stated that the period of time that transpired from the changing of ownership of Chaska Marine to this building was a short, fast, painful situation and along with that came the responsibility, on his part of 7 employees and their families who left Chaska Marine and came with him. Consequently his moving into the building was not done to blatently move into an area that was not zoned correctly, but to find an interim place. He stated that he does not believe that his moving into this building has done anything to hinder the Town Square development, if anything it has probably helped by making Mr. Bickmann move. Mr. Pauly stated he now understands that the rules in Mound are very different from w hat he was used to in Orono and Chaska. He would just like permission to operate in this building until August 31 , 1985. Councilmember Peterson asked Mr. Pauly if the storage of the boats outside the building is on his own property. Mr. Pauly stated yes, to his knowledge. Councilmember Peterson stated he is in favor of encouraging business to come to Mound, but there is a need to plan out a good location for the future. He hopes we can work this out. Mr. Pauly stated that he hope eventually to build a building, which would be an assset to Mound, on Mr. Bickmann's property across from Bill Clark Oil and behind the new Town Square. This site would be the correct size for his operation. MOTION made by Councilmember Peterson. seconded by Councilmember Paulsen to concur with the Planning Commission recommendation to consider Blue Lagoon Marina. at 5542 Lynwood Blvd.. a minor boat repair business. DISCUSSION: Councilmember Smith asked if Mr. Pauly is doing any repairs on boats at Martin & Son. Mr. Pauly responded that during the first two weeks they did 7 different repairs, but he has ceased that activity and will not do any more 117 June 11 ~ 1985 until it is defined what repair he can do at Martin & Son and whether they can repair boats on that site. That is a different question and is not up tonight. Councilmember Smith stated the Council will be monitoring the operation if Mr.Pauley is permitted to operate in Mound because of the complaints received from the residents on Edgewater. Mayor Polston asked if Mr. Pauly were granted a Conditional use Permit tonight. w ould he use Martin & Son for testing boats and repairing them. Mr. Pauley stated no. he would be taking them to Surfside or Spring Park to test them and because the building on Lynwood Blvd. is limited in size. a 23 ' boat w ould be the largest. Also the width of the garage door (14~) limits the size. Mayor Polston stated that he cannot support this motion because he feels engine replacement is major repair not minor and that is not allowed in the B-1 zone. If Mr. Pauly could find a place in the B-2 district it would be a different story. Councilmember Paulsen stated he does not consider this a major repair operation and feels cars and boats are significantly different. Councilmember Smith asked the City Attorney if granting this Conditional Use Permit tonight and declaring it a minor repair operation to last thru August of this year. would be giving Mr. Pauly an argument to prevent the City from declaring it an inappropriate use later. Meaning that it may be appropriate now but if things change downtown it may be inappropriate. The City Attorney stated that when the permit expires you can take a look at the surrounding area to see if the surrounding area has changed and it could be declared an inappropriate use. The City Manager stated that Mr. Pauly's long-term goal is to have this business adjacent to Town Square (behind on the corner of Belmont and Lynwood) so the only change would be Town Square's development because Bill Clark Oil is across the street and Contel has their garage on the other corner and they have not indicated any plans to move. Councilmember Peterson asked if Mr. Pauly intended to do auto repair. Mr. Pauly stated no. Mr. Hasch stated that the previous use allowed semi-trucks in the building to be overhauled which he feels is major. Boats to him would be minor repair. A roll call vote on the above motion was 3 in favor with Jessen and Polston voting nay. Motion carried. 118 June 71. 1985 Peterson moved and Jessen seconded the following resolution: RESOLUTION X85-70 RESOLUTION TO CONCUR itITH THE PLANNING COMMISSION AND APPROVE A CONDITIONAL USE PERMIT FOR STEYE PAULY, DBA BLUE LAGOON MARINA, 552 LYNWOOD BLVD. UNTIL AUGUST 31, 1985, iiITH CONDITIONS Conditions listed below: 1. No boat repair or showing (testing) of boats at Martin & Son on Edgewater Drive. 2. That this use is appropriate in the present downtown area. but there is a pending change for downtown and that may change the appropriateness of this business in the downtown area. 3. No auto repair. ~. No blocking of the road with boats. The City Manager stated that with Town Square still in negotiations and a notice to vacate at least 90 days from when negotiations are completed. he sees this coming back to the Council for renewal. This may cause a 2 month overlap between the time the building is torn down and when Mr. Pauly could conceivably have plans and approval for a new building. He then asked Mr. Pauly what he intended to do with the business during the two month overlap. Mr. Pauly stated that he is using tonight as an indicator for whether he.should proceed with plans for a new building in Mound for this boat business. He feels he has received a positive answer to his question. If the building is not done and the Bickmann building were to come down. he does have an alternative site. Mayor Polston stated that he would like the record to show that if when Mr. Pauly comes before the Council again for renewal or issuance of a new Conditional Use Permit and the Council feels that the business is an inappropriate use at that tim e that he does have an alternative site to move the business. Councilmember Paulsen asked the City Attorney if Mr. Pauly comes before the Council again to either extend the Conditional Use Permit or wants a new one. can the Council add conditions? The City replied, yes. Councilmem ber Paulsen asked what chemicals the applicant would be using. Mr. Pauly stated some spray paints acetone toilet bowl cleaner. He assured the Council there would be no major spray painting. A roll call voted on Resolution ~~85-69 was unanimously in favor. Motion carried. 119 June 11. 1985 The City Manager explained that Mr. Pauly has also asked for a sign variance for a directional sign on railroad property (the former site of the Martin & Son sign) at the East entrance to Mound. The Planning Commission recommended approval. Paulsen moved and Peterson seconded the following resolution: RESOLUTION #85-71 RESOLUTION TO CONCUR W ITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A SIGN VARIANCE FOR STEVE PAULY AT THE RAILROAD PROPERTY AT THE EAST ENTRANCE TO HOUND ON THE NORTH SIDE OF SHORELINE BLVD., PID #13-117-24 ~~ 0088 The vote was unanimously in favor. Motion carried. PUBLIC HEARINGy TO CONSIDER ISSUANCE OF OFF SALE BEER LICENSE FOR CHRISTINE ~ WILLIAM BRICKLEY, DBA HOUND SUPERETTE, 2222 COMMERCE BLVD. The Mayor opened the public hearing and asked if there was anyone present who wished to speak in favor of or against this item. No one responded. The Mayor closed the public hearing. MOTION made by Councilmember Smith. seconded by Councilmember Paulsen to authorize the issuance of an Off Sale Bee License to Christine and William Brickley, dba Mound Superette, 2222 Commerce Blvd. starting July 1 , 1985. The vote was unanimously in favor. Motion carried. CIGARETTE LICENSE - MOUND SUPERETTE MOTION made by Councilmember Smith, seconded by Councilmember Paulsen to authorize the issuance of a Cigarette License to Christine ~ William Brickley, dba Mound Superette, 2222 Commerce Blvd. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: TO CONSIDER REALLOCATING UP TO 510.000 OF CDBG FUNDS FROM PROJECT #754 (TONKA PLANT REUSE) TO A NEW PROPOSED PROJECT DOWNTOWN BEAUTIFIGATION The City Manager explained that if these funds are not used by June 30 ~ 1 985. they will be lost so he and Hennepin County have put together a minimal downtown beautification plan. i.e. park benches, trees, etc. The Mayor opened the public hearing and asked if there was anyone present who wished to speak in favor of or against this proposed reallocation. There were no comments. The Mayor closed the public hearing.. 120 June 11, 1985 Peterson moved and Jessen seconded the following resolution: RESOLUTION #85-T2 RESOLUTION REALLOCATING YEAR IX HOUND/ HENNEPIN COUNTY COMHUNITY DEVELOPMENT FUNDS Councilmember Jessen asked if part of this money could be used to screen off the City~s Lost Lake storage area along County Road 15 in downtow n Mound. The City Manager thought this would be permissable. Councilmember Smith urged that no parking spaces be taken away from downtown to plant trees. The vote on Resolution X85-72 was unanimously in favor. Motion carried. CONTINENTAL TELEPHONE RATE INCREASE ISSUE The Mayor reiterated his feelings as expressed at the beginning of the meeting. An unidentified woman stated she is a 7 year resident and is tired of the outrageous phone bills and poor service. She suggested closing Contel down and having another phone company come in. TODD YILEK, 4861 Edgewater Drive, stated that in comparing his bills with bills of Northwestern Bell customers, Contel is charging over $180.00 per year more. He was in favor of reducing the rates. KIM YILEK, 4861 Edgewater Drive, stated that they have a private line and are constantly in four way conversations with someone on the Island. JOHN HUBLER, 5816 Grandview Blvd., state he is a contractor and is against the rate increase because we are already paying too much. He suggested finding a way to get rid of Contel. He asked the following questions: Who do we contact to get rid of Contel; are we at Contel's mercy because of geographies? He suggested harrassing the phone company by calling about every little problem you have with the phones. ELLEN SCHOELER, asked if there has been any progress with getting other towns in the Contel system to join in our fight. ,The City Manager stated no, because the only exchanges affected by the high rates are the Metro cities. The City Attorney gave the history of Mound interventions in the rate cases before the Public Utilities Commission. He stated Contel has been asked numerous times for the breakout of line access charges and extended area service (EAS) charges. They 121 June 1 1 , 1985 have never given us an answer so you still do not know haw much you are paying for these items. You are also not given the opportunity to decide if you want EAS individually. it is provided like it or not. There are 5 metro area exchanges. He then pointed out to the public that they should call or write the Public Utilities Commission and attend the public hearing on September 12, 1985. that the PUC will be holding in Mound. The thing the citizens have to point out to the PUC is that they are being discriminated against unfairly being metro versus being in a rural area. The Mayor pointed out that the City spent $20,000 for the last intervention and we still haven't gotten the total credit back. The question is, do the citizens (taxpayers) of Mound want the City Council to spent your money fighting the rate increase of Contel? He also pointed out that the only way the City of Mound can forever keep Contel from raising our rates is to convince the State Legislature to decertify them, but that also causes some other problems because Northwestern Bell just cannot come in and take over due to the fact that it is a regulated monopoly. The Mayor stated that at a time when everyone is being asked to cut back on everything, he cannot understand how Contel can ask for another huge rate increase. The Mayor suggested putting a questionairre in the local newspaper asking if the people support the City in using tax dollars to enter into another intervention. He also encouraged any citizens who wished, to form a Citizen's Committee to collect donations for this interventions. Cheryl Grand, Public Relations person for Contel, stated that she is not here to debate the proposed rate increase, but rather to urge all those who are having problems with their phones to call Contel and they will rectify their problems. Also she invited everyone who is interested to come to the Contel office and read the rate increase proposal. NOTION Was made by Councilmember Peterson. seconded by Councilmember Paulsen to ask the City Attorney to develop a report for them outlining the various options. possible costs and the steps and strategies involved in another interven- tion. The vote Was unanimously in favor. Motion carried. COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there was anyone present who wished to make a comment or suggestion to the City Council at this time. No one responded. APPROVAL & ACCEPTANCE OF 198~f CITY ANNUAL FINANCIAL REPORT The City Manager stated that the 1984 Annual Financial Report is 122 June 11. 1985 now completed and Finance Director Sharon Legg was present to answer any questions. The Council complimented Sharon for the fine job. Paulsen moved and Jensen seconded the following resolution: RESOLUTION #85-73 RESOLUTION ACCEPTING AND APPROVING THE AUDIT AND FINANCIAL REPORT FOR 1984 The vote was unanimously in favor. Motion carried. STORM SEWER PIPE - CAMBRIDGE LANE The City Manager explained that this is a left over from the 1980 street project. At the time the streets were done the an easement could not be obtained to do this part of the storm sewer. Now ownership of that property has changed and the pipe has collapsed. This project would be paid for our of the 1980 Street Project. The City Engineer has obtained three quotations for the installation. They are as follows: F. F. Jedlicki, Inc. $6,620.00 QRS, Inc. $7,260.00 Volk Trucking & Excavating 55,088.60 Widmer, Inc. 55,500.00 The Staff is recommending the Volk Trucking & Excavating be approved with the low bid of 55,088.60. NOTION made .by Councilmember Paulsen. seconded by Councilmember Peterson to approve the loW quotation of Volk Trucking & Excavating. Inc. in the amount of 15.088.60. for the installation of the Cambridge Road storm sealer. The vote etas unanimously in favor. Notion carried. RECONVEYING CERTAIN PORTIONS OF BLOCKS 10 ~ 11. WHIPPLE BACK TO THE STATE ~ REQUESTING THE COUNTY BOARD SELL THESE LANDS TO THE CITY OF MOUND The City Manager explained that this is the next step to allow Mr. Neil Weber access to Blocks 15 and 16 W Nipple. We would purchase certain portions of Blocks 10 and 11. Whipple and then resell them to Mr. Weber so he will have access to his property and can then subdivide. Peterson moved-and Jensen seconded the following resolution: RESOLUTION #85-74 RESOLUTION RECONYEYING PORTIONS OF CERTAIN TAX FORFEIT LANDS BACK TO THE STATE AND REQUESTING THE COUNTY BOARD SELL THESE LANDS TO THE CITY OF NOUND The vote was unanimously in favor. Motion carried. 123 June 11, 1985 NOTICE OF YARIANCE__HEARING ON COUNTY_ROAD The City Manager reminded the Council that the State Highway Dept. will hold a variance hearing on the County Road 15 project on Friday, June 1~4, 1985, at 9:20 A.M. at 'the State Transportation Building in St. Paul. CONTINUATION OF TAPING FOR CABLE T.V. The City Manager stated this is the fourth meeting that was approved to be on Cable T.V. and now the proposal is being resubmitted. He explained that the money for payment of taping the Council Meetings, etc. comes from the Franchise Fee that Dow- Sat Minnesota pays to the City each year. That Franchise Fee was earmarked for public access. The cable company pays for all the equipment and all the City pays for is the time a person spends filming and editing and the tapes used. The $2,600 would cover the rest of the 1985's Council Meetings and various other projects as listed in the proposal. MOTION made by Councilmember Smith. seconded by Councilmember Paulsen to authorize payment of up to #2:600 at #5.50 per hour. plus tapes. for the taping of City Council Meetings and other various projects that are proposed on page 139 of the Council Packet for the remainder of 1985. The Council will review at various times and retain the right to cancel at any point. The vote was unanimously in favor. Motion carried. AMENDMENT TO SECTION 26.01 OF THE CITY CODE Paulsen moved and Jessen seconded the following: ORDINANCE X478 ORDINANCE AMENDING SECTION 26.01 OF THE CITY CODE ADOPTING THE UPDATED MINNESOTA STATE BUILDING CODE; PROVIDING FOR IT'S ADMINISTRATION AND ENFORCEMENT; REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING REMOVAL, DEMOLITION. CONVERSION, OCCUPANCY, EQUIPMENT, USE. HEIGHT. AREA. AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES The vote was unanimously in favor. Motion carried. NO PARKING SIGNS FOR NORTHERN ROAD The City Manager reported that the Police Department has recommended amending the parking ordinance to add no parking signs on Northern Road at Sandy Land, and at Northern Road and Edgewater Drive on the south side of the street. They feel this will eliminate the bottle-neck that is caused by people parking on the short curved area of Northern Road. 124 June 11 , 1985 Jessen moved and Smith seconded the following: ORDINANCE #479 AN ORDINANCE AMENDING SECTION 46.29, SUBDIVISION (c) OF THE CITY CODE BY ADDING 13, BELAYING TO PARKING The vote was unanimously in favor. Motion carried. RESUBMITTED LEASE FOR CITY_TQ__ST9RE EQUIPMENT IN TE The City Manager explained that apparently when this lease was originally submitted, Balboa's attorney had not shown it to them. We now have it back from Balboa and some of the items changed. Specifically Section 9, which would give Balboa the right to tell the City who it can have for legal counsel in case of any legal action and the City would pay all legal costs. The Council agreed this Section would have to be deleted before it could be approved. No action was taken on this item. AMENDING PURCHASE AGREEMENT ON BAKERY BUILDING - LYNT~TOOD BLVD. IMPROVEMENT PROJECT The City Manager explained that we have received an amended Purchase Agreement for the Bakery Building. The changes are that Mr. Johnson will not receive rent on the building after the City purchases it and cannot salvage personal property after the building is sold to the City. Also amended was the price. It was increased from $84,500.00 to $85,050.00. Peterson moved and Jessen seconded the following resolution: RESOLUTION #85-75 RESOLUTION AMENDING THE PURCHASE AGREEMENT FOR THE BAKERY BUILDING, LYNi~TOOD BLVD. STREET IMPROVEMENT The vote was unanimously in favor. Motion carried. The bills were presented for consideration. NOTION made by Councilmember Paulsen, seconded by Councilmember Peterson to approve the payment of bills as presented on the pre-list in the amount of $127,097.83, when funds are available. A roll call vote was unanimously in favor. Motion carried. 125 MISCELLANEOUS/INFORMATION A. Letter from City Engineer regarding League of Minnesota Cities Conference. B. Update and resolution of Bartlett Blvd. frost boils. C. Update letter from City Attorney on Dance Hall Permits. D. News clipping from Mpls. Tribune regarding water. E. Continental Telephone filing before the Public Utilities Commission. F. Mound "City Days" update. G. Announcement on Met Council Chairman's Meeting - June 25. 1985. H. Letter from Hennepin County regarding composting. I. Proposed amendments to the League of Cities Constitution. J. Met Council Review - May 24. 1985. K. American Legion Gambling Report.- May 1985. L. List of Government Training Services Programs. M. Waste-Line Newsletter - May N. Letter from Congressman Sikorski. 0. Invitation to hospitality suite - League of Minnesota Cities Convention. MOTION made by Councilmember Paulsen. seconded by Councilmember Jessen to adjourn at 10:5 P.M. The vote was unanimously in favor. Motion carried. G~~ J n Elam. City Manager ~- ~,.,..~ 9:~. Fran Clark. City Clerk BILLS-------JUNE 11, 1985 Batch 854054----Computer run dated 5/3i/85 Batch 854055----Computer run dated 5/07/85 Batch 854062----Listed below TOTAL BILLS Air Comm June radio contract Internatl Inst Mun Clk Memb thru June '86 Burlington Northern Lease thru 6/15 ICMA Dues thru June 86 Metro Fine June pager rent Pitney Bowes Postg meter rent Satellite Ind June Serv Suburban Community Znd Q tr serv Saliterman LTD June liq store rent Westonka Public Schl Wtonk a Senr center Xerox June pymts-Xerox Assn Metro Munic 85-86 Dues. Mound Fire Relief June pension Wurst Pearson June retainer Med Center Health June hosp Gayle Burns- milea ge 164.00 60.00 533.33 266.03 35.40 59.25 240.00 943.25 1,070.63 4,500.00 253.19 1,715.00 3,327.50 1,400.00 153.13 25.76 27,o83.9t 85,267.45 14,746.47 127,097.83