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1985-08-13161 August 13 , 1985 MINUTES REGULAR COUNCIL MEETING AUGUST 13, 1985 The City Council of Mound, Hennepin County, Minnesota, met in regular session on August 13, 1985, at 7:30 P.M. in the Council Chambers at 531 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilor embers Phyllis Jessen, Gary Paulsen, Russ Peterson and Steve Smith. Also present were: City Manager Jon Elam, City Attorney Curt Pearson, City Clerk Fran Clark, Building Inspector Jan Bertrand, City Engineer John Cameron, City Planner Mark Koegler and the following interested citizens: Gloria Yule, Florence Yule, Cynthia Smith, John & Terrie Thoresen, Gene Hodge, John & Dotty O'Brien, Eldo Schmidt, Helen & Herb Wolper, Del Pfeifer, Kim & Todd Yilek, Phil & Eva Hasch, Gregg Murray, Patzy D'Avia, Lillian Anderson, Judson Anderson, Marilyn Stillings, Renee Stillings, Duane Norberg, Charles & Laura Smith, Irma Ward, Mr. & Mrs. John Hurley, Dwight Wood, Gregory Carlson, M. E. Mueller, Chris & Scott Brickley, Steve VanderLinden, Alan Blackwell, Lis Jensen, Cheryl Grand, Martin Weinstein, Buzz Sycks, Dr. & Mrs. Ken Romness, Doug Morton, Derrick Dahlen, Jim Larson, John Bierbaum, Steve Emerson, Ernie Clark, Frank Ahrens, Paul Pond, Pete Barber, Ken Stork, Bud Stannard, Ms. Amidon, Jeanette Gellman, The Mayor opened the meeting and welcomed the people in attendance. MINUTES The Minutes from the July 9, 1985, Regular Council Meeting were presented for consideration. Councilmember Smith asked that "if warranted" be added to his motion regarding Blue Lagoon Marina on Page 1937. MOTION made by Councilmember Peterson, seconded by Councilmember Paulsen to approve the Minutes of the July 9, 1985, Regular Council Meeting as corrected. The vote was unanimously in favor. Motion carried. The Minutes from the July 11, 1985, Special Council Meeting were presented for consideration. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to approve the Minutes of the July 11, 1985, Special Council Meeting as presented. The vote was unanimously in favor. Motion carried. 162 August 13, 1985 The Minutes of the July 23, 1985, Regular Council Meeting were presented for consideration. Councilmember Peterson asked the the City Attorney's comments regarding accessory apartments be included on Page 1952. Councilmember Smith asked that his statement on page 19+8 be amended to read as follows: "Councilmember Smith suggested that the Planning Commission look at an ordinance to inspect homes for code violations of sufficient number to require condemnation when they are placed for sale." MOTION made by Councilmember Peterson, seconded by Councilmember Paulsen to approve the Minutes of the July 23, 1985, Regular Council Meeting as amended. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: REGARDING ACQUISITION OF CONTINENTAL_TELEPHONE'S MOUND EXCHANGE The Mayor explained that Continental Telephone has asked to be allowed to address the Council and the citizens present. Doug Morton, Public Affairs for Continental explained that he was here because Contel is concerned about the condemnation, is the largest employer in Mound and they do not want to leave Mound. He further explained that because condemnation is a time consuming, costly process they would like to work with the City Council and the customers in Mound to alleviate high costs. Therefore they have worked out a plan that they feel will reduce costs to the majority of Mound users and place the burden of cost on the people who are big users of the phone system. He then presented Options 1, 2, and 3 of their local measured service plan. He stated this is a revenue neutral plan, not a reduction in rates. It is figured on todays interim rates which are now being used. They asked that they be allowed to do a comparison billing based on calls made for a 3 month period with Options 1, 2 and 3 so the people can see which option would be the best for them individually. These options would have to be approved by the PUC but Contel did not think they would have any objections. The Mayor opened the public hearing. He stated that what the State needs is for the Legislature to set up a Public Utilities Commission that will protect the public and not the utilities. The following comments and questions were made by the people in attendance: 1. Contel is shifting costs to high users if you figure the difference between their $31.50 rate and Option 3 at $39.50. 2. Are Mound customers subsidizing outstate Contel users? 3. Why wasn't the measured use brought up before this? 4. If Mound were connected to N.W.Bell, what would the rates be? 163 August 13, 1985 5. A petition was presented to the Council with 341 signatures and read as follows: "W e, the undersigned residents of Mound, Minnesota, do call upon the City Council to hold a special election. The purpose of which is to ask the City ofMound to proceed with the acquisition of Contel's exchange which services Mound either by purchase or condemnation, subject to such costs being deemed reasonable and pursuant to Minnesota Statutes 237.19• Further we urge the Mound City Council to express in all proceedings before the Public Utilities Commission, our strong opposition to Contel's current request for a rate increase." 6. What would happen to Contel if 90~ of Mound residents took the Option 1 rate? 7. We do not appreciate Contel coming in and presenting their Options because that was not the intent for this meeting. 8. N.W. Bell charges $16.50 in comparison to Contel's rates. 9. Can the City afford to own a small phone company? 10. The citizens cannot see a 28~ increase in rates being reasonable or fair and where will this stop. 11. There has been improvement in the Contel service since July, but we should look at other options for phone service. 12. The product does not hold up to the price charged. 13. Contel should cut profits to lower rates. 14. Why wasn't the measured service make available before? 15. The options offered by Contel are not good options. The Mayor closed the public hearing. Ken Nikolai, Public Service Commission representative, stated that Contel could do the option 1, 2, and 3 billing on an information basis. The Council discussed continuing this hearing to a certain date to~ allow a rate expert and the legal staff to put together information on the feasibility of condemning Contel. This would also allaw Contel to do their Option billings on an information basis. Rate expert, Derick Dahlen was present and went over his proposal with the Council. The Council discussed the 2 phases of his proposal and the consensus was that Phase I should be done to determine if the City acquiring the phone company is feasible. MOTION made by Councilmember Jensen, seconded by Councilmember Peterson to continue this Public Hearing until the November 26, 1985, Meeting, and authorizing Derick ,Dahlen to proceed with Phase I of his proposal, with a cap of $7,000 to be put on the cost of the study. A roll call vote was 164 August 13, 1985 unanimously in favor. Motion carried. PUBLIC HEARING: AMEND & MODIFY TOWN SQUARE REDEVELOPMENT PROJECT ~ THE TAX INCREMENT FINANCING PLAN The Mayor called on the City Attorney to give the background of this project. He explained that when this project was originally approved the cost was $1 , 125,000. (land acquisition, relocation and expenses), plus capitalized interest of $250,000 for a total of $1,375,000. The modified plan which is before the Council tonight is to add on the following: Increased land, relocation & expenses 375,000 Demolition & grading 225,000 Capitalized interest 400,000 Original project cost 1.125000 Total Amended Project Cost 2,125,000 The developer has agreed to to spend $3,950,500 in construction costs to build the retail area, drug store, bank and clinic. He has a letter of credit in that amount in favor of the City of Mound to assure construction of the project. He also has a committment for a construction loan. of $3,500,000. for the project's construction. The City Planner and Steve Emerson, from Miller/Schroeder went over the updated changes in the project plan and the financing plan with the Council. Mr. Emerson stated that they feel their projected figures will provide revenues sufficient to retire the expenses of the project. The City Attorney reminded the Council. that they have already approved the original amount and that the HRA has entered into an agreement with the developer which is binding for the original amount. The reason it is back here tonight is to modify and amend the original proposal. The Mayor opened the Public hearing. The following comments were made: 1. Buzz Sycks, diagreed with 4~ appreciation in property and stated he feels it is going down. 2. Chris Brickly, Mound Superette, stated she has 450 to 500 signatures against this project. She stated that she thinks certain businesses were guaranteed space while others were not. Developer John Bierbaum stated that they had to start with the large space users, i.e. clinic, drug store and bank and he has not gotten back to the other businesses interested in obtaining space because he does not have the mechanics in place to lease the remaining space. 165 August 13, 1985 3. Frank Ahrens, stated he is for a referendum vote on this for the increase in the amount of the obligation. The Mayor stated that the developer has guaranteed in writing that he would pick up any shortfalls so the residents will not have to pay them. 4. Mr. Paul Pond, representing Bryon Peterson, read and submitted a statement from Dr. Peterson asking that the Council protect him from the unfair treatment he feels he is receiving. 5. Pete Barber, asked that the Council not compound a mistake by approving the amendment and modification. 6. Mike Mueller stated that he supports Town Square, but that tax increment is for depressed businesses or new businesses not existing businesses. 7. Ken Stork stated that he was sure if Snyder Drug felt a new store was needed they would put one up. 8. Cindy Smith questioned the real estate taxes and paying off the bonds. The City Attorney explained that the project has expanded and the increase in the taxes will pay the bonds off. 9. Bud Stannard stated that he thought it was a 15 year payoff on the bonds when it was originally approved. The Mayor stated no, it has always been 20 years, but that 15 years .w as discussed at one time. 10. Barbara Anderson asked if the City was going to benefit from this project. The Mayor explained the declining property values in the downtown area and how the City would benefit from the new buildings and the increased property taxes. The City Attorney explained that several of the property owners of the 11 parcels want more for their buildings than the appraisals and they are the reason for the hearing on the modification. The money is needed.to acquire these parcels. 11. Greg Murray .,..stated he would like a new shopping center, but not with tax increment financing, because he feels the developers will be back for more money down the road. 12. Dottie O'Brien stated that she sees this as creating additional empty buildings, i.e. the old bank and the drug store. 13. Jeanette Gellman asked who the developers are and if this is a General Obligation Bond? The City Attorney stated that the developer's company is owned by Carl Polad. Yes, they are General Obligation Bonds, but he further explained that the Letter of Credit was issued to the City to pay the 3 highest years in taxes, with a 25~ limit, if there is a shortfall. 14. Herb Wolner asked what the rent on the new drug store was going to be? 166 August 13, 1985 John Bierbaum stated that is not public information. Mr. Wolner then stated that he had offered to build a drug store for Snyders on his property in the Lost Lake area and they had turned him down because they would not pay $4.00- per square foot. 15. Buzz Sycks urged the Council to vote no on tonight~s increase. 16. Dick Schwert stated he has been in business in Mound for 25 years and this is the first time he has seen anything this positive for Mound. He urged the Council to vote in favor of the project. The Mayor closed the Public Hearing. Councilmember Peterson stated that he too would like to see the 20 years to pay off the bonds be Tess, but that with the figures as they are 20 years is the best. Councilmember Smith stated that he was not on the Council last year when this was originally approved. He would like to know how many new jobs will be created, not just transferred from place to place. He is not in favor of public subsidy for private development. Also that if the project succeeds, the present taxpayers should get .the benefit not a new generation of taxpayers 20 years from now. He further stated that he would like to see a referendum vote on this increase. Councilmember Paulsen stated that his first reaction was against tax increment financing, but he has since looked into it and feels in order to compete with other towns (such as Chanhassen, Plymouth, and Minnetonka) we too must consider it as a way to turn the deteriorating downtown around. He stated that T.I.F. is not a giveaway program. He supports the project. Councilmember Jessen stated that she supports the Town Square Project and especially this modification because it will bring the rents per square -foot of the- new shops down so more people will be able to lease space. She supports the project. Paulsen moved and Peterson seconded the following resolution: RESOLUTION #85-85 RESOLUTION TO AMEND ~ ADOPT A REDEV ELOP- MENT PROGRAM & FINANCE PLAN FOR REDEVEL- OPMENT ~ TAX INCREMENT FINANCE DISTIRCT #1 PURSUANT TO THE PROVISIONS OF SECTIONS 273.71 TO 273.78, INCLUSIVE, OF THE MN. STATUTES (CHAPTER 322, LATdS OF MN. 1979) Councilmember Smith moved to amend this resolution asking that there be a referendum vote on this plan to allow the public to decide on tax increment financing for Town Square. The City Attorney advised Councilmember Smith that thereis no 167 August 13, 1985 provision in the law for a referendum vote on this. Motion died for lack of a second. A roll call vote was four in favor with Councilmember Smith voting nay. Motion carried. PUBLIC HEARING: CONSIDER REVOCATION OF CONDITIONAL USE PERMIT. TO OPERATE MINOR BOAT REPAIR AT 5542 LYNWOOD BLVD. (BLUE LAGOON MARINA) The City Manager gave the background of this item from past meetings. Mr. Steve Pauly, owner of Blue Lagoon Marina, was present and stated he questions if the Council can condition his Use Permit at 5542 Lynwood Blvd. on the site on Edgewater Drive. He stated his understanding was that he could do whatever Dick Martin did at the Edgewater site as long as he did not increase the use. He stated that his recollection of the June meeting was that testing at the Edgewater site was not mentioned, only hauling boats from the Lynwood site to the Edgewater site. He also stated that the Council has received letters from both Mr. Keith Ketcher and Mr. Art Ridgeway that they helped Mr. Martin perform repairs, etc. at the site on Edgewater Drive. Mayor Polston stated that when he offered the amendment to the original Conditional Use Permit approval, that he did mean there would be no testing of boats at the Edgewater site. Councilmembers Paulsen and Peterson stated that their understanding of the Mayor's condition was that there would be no hauling of boats from the Lynwood site to the Edgewater site for testing. The Mayor opened the public hearing. The following persons spoke: 1. Todd Yilek stated that Martin never repaired boats other than small fishing boats at the Edgewater site. 2. Doug Clint and Tom Sheron, representing Paul Scherber, owner of the Edgewater site, stated that they are submitting a sworn affidavit from Dick Martin stating exactly what his operation of the marina included and all the activities are the same as Blue Lagoon Marina is doing at the Edgewater site. They also had submitted a letter to the City Council in Paul Scherbers behalf addressing his concerns about conditioning Mr. Pauly's permit on Lynwood Blvd. to the Edgewater site. 3. Bonnie Lanns state that if Martin had run his operation the way Mr. Pauly is, he would have lost his permit with the L. M.C.D. for docks. The Mayor explained that the City is concerned with zoning and the L.M.C.D. has the 168 August 13, 1985 jurisdiction over the marina docks. ~. Todd Yilek stated that there is a difference between major and minor boat repair and he feels they are not running a minor boat repair business. The Mayor closed the public hearing. The City Attorney stated that he has asked City Attorney Jim Larson who was at the original meeting why the Edgewater site was included in the Conditional Use Permit. Mr. Larson stated that Mr. Pauly agreed to the stipulation. The Council and the City Attorney discussed tying the 2 locations together and the criminal complaint that was drawn up. The City attorney recommended not pursuing the criminal complaint because at least several of the Couneilmembers do not agree on what was approved the night the Conditional Use Permit was approved. Polston moved and Smith seconded the following resolution: RESOLUTION #85-86 RESOLUTION AUTHORIZING THE CITY ATTORNEY TO PROCEED IN THE REVOCATION OF A CONDITIONAL USE PERMIT FOR 5542 LYNWOOD BLVD. TO OPERATE A MINOR BOAT REPAIR Steve Pauly stated that he has purchased another building and is planning on moving from the site on Lynwood Blvd. to Spring Park on September 25, 1985. He asked for an extension of his Conditional Use Permit until that date. Councilmember Smith withdrew his second. The resolution died for lack of a second. Peterson moved and Paulsen seconded .the following resolution: RESOLUTION #85-86 RESOLUTION TO EXTEND A CONDITIONAL USE PERMIT FOR 5542 LYNWOOD BLVD. TO OPERATE A MINOR BOAT REPAIR SERVICE UNTIL SEPTEMBER 25, 1985, AT WHICH TIME THE PERMIT SHALL EXPIRE The vote was three in favor with Polston and Smith voting nay. Motion carried. CONTINUATION OF PUBLIC HEARING: ZONING AMENDMENT TO PROVIDE FOR A PLANNED INDUSTRIAL AREA (P.I.A.) AT THE FORMER TONKA TOY BUILDING The City Planner explained that the Planning Commission reluctantly recommended approval. They are recommending a $250.00 charge for the Operations Permit. This amendment will also allow the Council to establish an amount above the minimum deposit of $250.00 which will be held in a special developers 169 August 13, 1985 escrow account to cover administrative and legal expenses incurred by the City There is a typographical error in section 23.650.7 (2). It should read as follows: "Approval of a planned industrial area operations permit shall be by the City Council after recommendation by the City Staff." Councilmember Paulsen stated does not agree with this aspect of the amendment and feels that we should continue the hearing process of the Planning Commission and City Council before issuance of the Operations Permit. The Mayor reopened the public hearing. There were no comments. The Mayor closed the public hearing. Jessen moved and Peterson seconded the following: ORDINANCE X481 AN ORDINANCE AHENDING THE CITY CODE BY ADDING SECTION 23.640.3 RELATING TO CONDITIONAL USE AND ADDING SECTION 23.650 RELATING TO PLANNED INDUSTRIAL AREA (PIA) The vote was 4 in favor with Paulsen voting nay. Motion carried. CONTINUATION OF PUBLIC HEARING- ISSUANCE OF CONDITONAL USE ,HERMIT TO BALBOA MINNESOTA CO TO ESTABLISH A P I A AT 5~00/5~40 SHORELINE BLVD: The Mayor reopened the public hearing. There were no comments. The Mayor closed the public hearing. The Council discussed adding j. to the proposed resolution w hick would read, "No outside storage is permitted except by Operations Permit. Parking of vehicles exceeding 24 hours is prohibited except delivery vehicles in designated spaces and trucks in loading berth areas." The Planner also recommended adding. that Balboa submit to the city $1,000 to be put in an escrow account to cover staff review and administration. Peterson moved and Jessen seconded the following resolution: RESOLUTION X85-87 RESOLUTION COMMISSION CONDITIONAL COMPANY FOR INDUSTRIAL AND ADDING TO CONCUR WITH THE PLANNING RECOMMENDATION GRANTING A USE PERMIT TO BALBOA MINNESOTA THE ESTABLISHMENT OF A FLANNED AREA - 5340 SHORELINE BLVD., J AND K AS RECOMMENDED The vote was unanimously in favor. Motion carried. SETTING OPERATIONS PERMIT FEE FOR P I A The City Manager stated that the recommendation is for $250.00. Polston moved and Smith seconded the following resolution: 170 August 13, 1985 RESOLUTION #85-8$ RESOLUTION SETTING FEE FOR OPERATIONS PERMIT AS INDENTIFIED IN SECTION 23.650.7 (1) AT $250.00 The vote was unanimously in favor. Motion carried. ~PLICATION FOR OPERATIONS PERMIT FOR LUNALITE, INC. AT 540 S~iORELINE BLVD. The Planner and the City Manager explained that application f or an Operations Permit from Lunalite is to operate an electrical lighting assembly operation which will occupy a total of 63,000 square feet. They are looking at employing approximately 250 people. Mr. Greg Gustafson, representing Balboa, was present and stated that he hopes they are not underestimating parking needs and that they may have to come back to have the Permit amended if parking becomes a problem as the building is leased. Jessen moved and Smith seconded the following resolution: RESOLUTION #85-89 RESOLUTION GRANTING AN OPERATIONS PERMIT FOR LUNALITE, INC. AT 5340 SHORELINE BLYD. The vote was unanimously in favor. Motion carried.. PUBLIC HEARING: PROPOSED VACATION OF UNIMPROVED PORTION OE NORTHERN ROAD ABUTTING LOTS 24. 25 & 26} PLAT OF SUBDIVISION OF LOTS 1 ~ ~2 SKARP & LINDQUIST~S RAVENSWOOD The City Manager stated that the Planning Commission has recommended approval of this vacation. The Mayor opened the public hearing. There were no comments. The Mayor closed the public hearing. Smith moved and Jessen seconded the following resolution: RESOLUTION X85-90 RESOLUTION VACATING CERTAIN STREET EASEMENT AND RETAINING FOR THE CITY A UTILITY EASEMENT OVER, UNDER AND THROUGH A PORTION OF NORTHERN ROAD The City attorney recommended having the City Engineer insert the description of the portion of Northern Road vacated in the last paragraph of the resolution. The Council agreed. The vote was unanimously in favor. Motion carried. CONSIDERATION OF VARIANCE REQUEST FOR AARON APPLEQUIST ~ MARY J PACHOLKE, 2624 WESTEDGE BLVD. The City Attorney submitted his finished resolution for this item. The applicants were present and after some discussion with the Council decided they would like to wait until the blanks in 171 August 13, 1985 the proposed resolution are .filled in and to let their attorney see it before they agreed and had the Council approve it. The Council tabled this item until the next meeting, August 27, 1985. COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there were any comments or suggestions from the citizens present. There were none. C,ZTY-WIDE RECYCLING PROGRAM Joyce Nelson and Jackie Meyer of the Recycling Committee were present and stated that the cost for the city-wide expansion of this program will be $11,820 per year with Beermann Services. Of this 50~ will be paid by Hennepin County and the City will receive $.50 per household from the State. The City Manager added that the Legislature has given the City the power for a Special Levy to fund the remainder. Jessen moved and Paulsen seconded the following resolution: RESOLUTION #85-91A RESOLUTION TO APPROVE THE EXPANSION OF THE RECYCLING PROGRAM TO CITY-WIDE FROM OCTOBER 4, 1985 TO SEPTEMBER 5, 1986 The vote was four in favor with Smith voting nay. Motion carried. ~tEOUEST FOR CITY REPURCHASE SIX CEMETERY LOTS The City Manager explained that this is the lady who has asked before and we have told her that we cannot repurchase the cemetery lots she owns. The reason is that the City Code covering the cemetery will not allow us to pay more for the lots than was originally paid for them. These lots were never paid for because her family gave the entire plot of ground to the City. She does not want to give them to us and we cannot purchase them. The Council took no action on this item. PLANNING COMMISSION APPOINTMENT Paulsen moved and Peterson seconded the following resolution: RESOLUTION #85-92B RESOLUTION TO APPOINT WILLIAM C. THAL, TO FILL MICHAEL VARGO~S UNEXPIRED TERM ON THE PLANNING COMMISSION - TERM EXPIRES 12-31- 85 The vote was unanimously in favor. Motion carried. 172 August 13 , 1985 CONSIDERATION OF QUOTATIONS FOR FIRE DEPT. The City Manager explained that we have received two quotations for two separate repairs that need to be made to Fire Dept. equipment. A. Fire Truck Repairs on 1973 - Mack Truck (~~12) Truck Utilities & Mfg., Inc. $2,300 Custom Fire Apparatus, Inc. $1,620 MOTION made by Mayor Polston, seconded by Councilor ember Paulsen to approve the quotation of Custom Fire Apparatus, Inc. in the amount of $1 ,620 for repairs to the 1 973 Mack Truck. The vote was unanimously in favor. Motion carried. B. Fabricate & Install New Water Tank Custom Fire Apparatus, Inc. $4,300 Truck Utilities & Mfg., Inc. $5,200 MOTION made by Mayor Polston, seconded by Councilmember Smith to approve the quotation of Custom Fire Apparatus, Inc. in the amount of $4,300 to fabricate and install a new stainless steel water tank. The vote was unanimously in favor. Motion carried. CONSIDERATION OF SOLICITED PROPOSALS FOR A STUDY ON BEACHWOOD ~,OAD POND The City Manager stated that he received 2 quotations to a study the Beachwood Road Pond problem. They are as follows: Hickok & Associates $1,800 Bonestroo $ 600 At tonight's meeting, John Cameron, City Engineer (McCombs- Knutson) offered to do the plan for free and then the City could apply the $600 it would have spent toward correcting the problem. MOTION made by Councilmember Peterson, seconded by Councilmember Jessen to accept the offer from McCombs-Knutson to prepare the plans and specifications for lowering the Beachwood Road Pond for free. Correction of the problem to be paid from the 1978 Street Project funds. The vote was unanimously in favor. Motion carried. ~JPDATE ON LYNWOOD BLVD. M.S.A. PROJECT The City Engineer brought the Council up-to-date on the progress of the Lynwood Blvd. Improvement Project and gave the projected project cost of $373,404.00, less non eligible construction items (45~ of storm sewer cost and. city utility services) $17,324.00, leaving an estimated cost to be paid from M.S.A. Construction Fund at $356,080.00. He further reported that waiting until the Town Square project is underway will allow us to fill in the basements of the Anderson Building and the Bakery with the 173 August 13, 1985 material from the other project, thus keeping the costs down for fill. We would then divide the plans for M.S.A. to accomodate both plans. This will postpone the letting of bids until the beginning of 1986 to avoid the extra cost of filling the basements. REVIEW ~ APPROVE FIVE YEAR M.S.A. STREET IMPROVEMENT PROGRAM The City Manager explained that the M.S.A, Office has again requested that each City submit a five year construction program. The City Engineer has worked out the estimated expenditures thru 1990. This does not mean that the plans cannot be changed, but it give the M.S.A. an estimated cost. That cost is estimated to be $815,138. Peterson moved and Jessen seconded the following resolution: RESOLUTION #85-g2ARESOLUTION ADOPTING THE M.S.A. FIVE YEAR CONSTRUCTION PROGRAM AS SUBMITTED The vote was unanimously in favor. Motion carried. ~UXI:DO BLVD SAFETY IMPROVEMENT PROJECT The City Engineer explained that MSA is requesting that the City pass a resolution adopting a hold harmless condition to a variance approval for the safety improvement on Tuxedo Blvd. at Manchester Road. The Staff recommends approval. Peterson moved and Jessen seconded the following resolution: RESOLUTION #85-91 RESOLUTION ADOPTING A HOLD HARMLESS CONDITION TO A VARIANCE APPROVAL FOR A SAFETY IMPROVEMENT ON TUXEDO BLVD. AT MANCHESTER ROAD -.SAP 1~5-101-05 The vote was unanimously in favor. Motion carried. CORRECTION_~0_~tESOLU The City Clerk explained that the description in the above resolution was incorrect when it was passed in 1978. Now the person wishes to file this resolution and would like the description corrected. It was for the subdivision of Lots 9, 10, 11, Block 6, Abraham Lincoln Addition to Lakeside Park. Polston moved and Paulsen seconded the following resolution: RESOLUTION #85-92 RESOLUTION CORRECTING THE PARCEL DESCRIPTIONS IN RESOLUTION #78-527 The vote was unanimously in favor. Motion carried. 17~ August 13, 1985 PETITION TO UPGRADE A PRIVATE PORTION OF DENBIGH ROAD The City Manager explained that some of the residents on Denbigh Road have now submitted a petition for the extension of this road. The item was previously considered, but the neighborhood seemed to be split on the proposal. The petition has been signed by 5 of the 9 property owners, but they represent only 5 1/2 lots of the 12 in the project area. 3 of the 12 lots are vacant and are for sale. The getition needs to be accepted and the hearing date set. Peterson moved and Jessen seconded the following resolution: RESOLUTION #85-93 RESOLUTION DECLARING ADEQUACY OF PETITION FOR IMPROVEMENT OF A PRIVATE PORTION OF DENBIGH ROAD AND CALLING A PUBLIC HEARING ON THE IMPROVEMENT The vote was unanimously in favor. Motion carried. RESTAURANT LICENSE APPLICATION FOR 5908_THREE POINTS BLVD. Mr. & Mrs Roger Rager were present and explained that they are asking for a restaurant license to serve soup and sandwiches and sell antiques, etc. similar to Antiquity Rose in Excelsior. The Council discussed the use of the property as an antique store and the City Attorney advised that this is not a permitted use in the zoning district where the property is located. The Building Inspector reported that the County Health Dept, has only approved a limited food license. The Council discussed both issues and told Mr. & Mrs. Rager they could not operate a seconded hand, craft and antique shop in the neighborhood the property is in, but they would be willing to issue the restaurant license subject to all County Health Codes. Mr. & Mrs. Rager stated that is what they would like. MOTION made by Councilmember Peterson, seconded by Councilmember Paulsen to authorize the issuance of a Restaurant License to Gail ~ Roger Rager, 5098 Three Points Blvd. subject to the premises meeting all the Hennepin County Health Dept. Codes. The vote was unanimously in favor. Motion carried. INCUBATOR CONCEPT FOR FORMER TONKA FACILITY The City Manager explained that this item should be tabled at this time because Balboa seems to be renting the space quickly and may not be interested in the incubator concept for small business use. The Council agreed. 175 August 13, 1985 PAYMENT OF BILLS The bills were presented for consideration. MOTION made by Councilmember Peterson, seconded by Councilmember Jessen to approve the payment of bills as presented on the pre-list in the amount of $443,274.18, when funds are available. The vote was unanimously in favor. Motion carried. SET. DATE FOR PUBLIC HEARING MOTION made by Councilmember Jessen, seconded by Councilmember Peterson to set September 10, 1985, at 7:30 P.M. for a public hearing to consider the preliminary plat and final plat of Lots 7 through 13, Block 16, The Highlands. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Update on Joint Compensation Study. B. Letter from NSP on new street lights. C. Twin City Testing report on paint on water towner on Evergreen. D. Monthly liquor report. E. Newsclipping Re: Lake Virginia/Lake Ann Sewer Line. F. Metro Council report on above sewer line. G. Newsclippings on Garcia Ruling. H. Increase in City insurance costs - newsclipping. I. 'Metro Council Review - .July 12, 1985. J. District ~~277 School Board Minutes. K. Metro Council Waste-Line Newsletter. L. League of Cities Memo on Federal Budget Pact. M. League seminar on Strategy Planning regarding tax increment financing & other development tools. N. Memo regarding "New Laws" concerning collection utility bills. t 175 NOTION made by Mayor Polston, seconded by Councilmember Smith to adjourn at 1:05 P. M. The vote Was unanimously in favor. motion carried. A.,~rn~ Fran Clark, City Clerk Jon Elam, City Manager BILLS------AUGUST 13, 19$5 Batch 854703 per computer run dated 8/8/85 Batch 854704 per computer run dated 8/9/85 Batch 854705 per following list Total Bills Ben Franklin Bryan Rock Products Bury ~ Carlson Copy Duplicating Coast to Coast Emery's Tree Service Gerry's Plumbing Glenwood Inglewood Kelly Services The Laker LOGIS Mpls Oxygen Mound Fire Dept Wm Mueller Marina Auto N.S.P. Navarre Hdwe J,L. Shiely SOS Printing Twin City Testing Video One Van Doren Hazard Happy's Potato Chips Mark VII Rex Distributing Tri State Beverage ,f ~~-.~ Supplies 166.75 Rock 3,.115.70 Asphalt 436.00 Copier 15.00 Supplies 300.85 Remove Stump 25.00 Faucet-Coleman 38.80 July Water 53.65 Secr. help 219.68 July ads 132.18 July computer 2,039.63 July oxygen 57.00 July salary. etc 4,277.00 Sand 7,2$9,32 July parts 287.70 July electric 4,692.70 July supplies 167.98 Sand 79.85 Maps, surveys 887.65 Review paint sy st 536.42 Tapes $9.00 Consult serv 1,195.00 July supplies 138.84 July beer 2,133.85 July beer 140.00 July mix 432.00 2$~g ~ 7.~5 357,879.79 56,446,74 28,947,65 443,274,18