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1985-09-10MINUTES 187 September 10, 1985 REGULAR COUNCIL MEETING SEPTEMBER 10, 1985 The City Council of Mound, Hennepin County, Minnesota, met in regular session on September 10, 185, at 7:30 P1~1, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen, Gary Paulsen, Steve Smith and Russ Peterson. Also present were: William McCombs, Oswin Pflug, Audrey Evans, Freda J. Olson, Paul Skjervotd Ted Linn, Gordon Swenson, Roger Rager, John Monyan, Jack Wang, Lee Ann Sand, Paul Withers, Haiden W. Lars, Ed Waldroff, Bruce Charon, Bud Stannard, Kaye Westerlund, W. John Bill, Warren Shaffer, Stephen Kakos, Greg Gustafson, Jeff Gustafson. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The miuntes of the August 27, 1985, regular meeting. were presented for consideration. MOTION MADE BY COUNCILMEMBER PAULSEN, SECONDED BY COUNCILMEMBER SMITH TO APPROVE THE MINUTES OF THE AUGUST 27, 19$5, REGULAR MEETING. THE VOTE WAS UNANIMOUSLY IN FAVOR. MOTION CARRIED. PUBLIC HEARING.: CONTINUATION OF PUBLIC HEARING -AMENDMENT OF SECTION 23 x+12.2 5 STANDARDS AND REGULATIONS FOR PLANNING DEVELOPMENT AREA PDA OF THE MOUND ZONING CODE. Mayor Polston opened the hearing. There were no comments. The Mayor closed the hearing. Motion by Councilmember Paulsen, seconded by Councilmember Peterson, to adopt the following ordinance: ORDINANCE #482 ORDINANCE TO DIRECT THE PREPARATION OF AMEND- MENT TO SECTION 23.412.2 (5), STANDARDS AND REGULATIONS FOR PLANNING DEVELOPMENT AREA (PDA) OF THE MOUND .ZONING CODE. The vote was:. Ayes; Councilmembers Peterson, Paulsen, Jessen, and Mayor Polston. Nayes; Councilmember Smith. Motion carried. PUBLIC HEARING: CONSIDERATION-OF THE IMPROVEMENT OF A NOW PRIVATE PORTION OF DENBIGH ROAD THAT RUNS EAST TO CARDIFF LANE. It was noted that the notice of hearin should read"....that runs east from Cardiff Lane". The City Attorney stated that if the Council decided that if they take .action on the proposed improvement, the City will have to re- advertise and hold the hearing according to the amended notice. The City Engineer reviewed the proposed improvement of Denbigh Road. Mayor Polston opened the public hearing.. Paul Withers, 4416 Denbigh, stated he is in favor of the improvement, because now he pays high taxes and doesn't receive all of the City services. 183 ~ ~ September 10, 1885 He would prefer to pay an assessment and receive the services such as snow removal, etc. John Morgan, 4400 Wilshire, expressed he is in favor of the project. Oswin Pflug, 4440 Denbigh, stated he has been living there for many years. The previous requests for improvement were denied because it was felt there is not enough room there for a decent street. He signed the petition for improvement a year ago because he was told it was only to explore costs. He feels now that the improvement would be dangerous and there is no room for emergency vehicles and no room for snow removal. Freda Olson, 4414 Wilshire, objects. strongly to the improvement as she stated she will receive absolutely no benefit, but the improvement would lower the value of her home. Jack Wang, 4408 Denbigh, stated-the improvement was previously denied when it wasn't as expensive. Now he disagrees with the assessment. Mayor Polston closed the hearing. The Council then discussed the utilities and drainage in that area, as well as safety .factors. MOTION BY COUNCILMEMBER JESSEN, SECONDED. BY MAYOR POLSTON TO RE- ADVERTISE THE CORRECTED NOTICE OF HEARING FOR THE IMPROVEMENT OF DENBIGH. AYES: COUNCILMEMBER JESSEN AND MAYOR POLSTON. NAYES: COUNCILMEMBERS SMFTH, PETERSON AND PAULSEN. MOTION DEFEATED. RESOLUTION #85-101 MOTION BY COUNCILMEMBER PETERSON, SECONDED BY COUNCILMEMBER PAULSEN, NOT TO IMPROVE DENBIGH ROAD AS PROPOSED. AYES: C.OUNCILMEMBERS PETERSON, PAULSEN AND SMITH. NAYES: 000NCIL- .- MEMBER JESSEN AND MAYOR POLSTON. MOTION CARRIED. PUBLIC HEARING: CONSIDER ZONING AMENDMENT FOR CONDITIONAL USE PROVISION OF SECTION 23. 35.3 TO ALLOW CONSIGNMENT/GIFT BY CONDITIONAL USE PERMIT. Jan Bertrand informed the Council that the Planning Commission recommend- ed that the zoning ordinance be amended to allow consignment/gift shops as conditional uses in a 63 zone. Mayor Poslton opened the public hearing. As there were no comments, the hearing was closed. Councilmember Smith moved and Paulsen seconded the adoption of the follow- ing ordinance: ORDINANCE #483 ORDINANCE TO CONCUR WITH THE PLANNING ,COMMISSION RECOMMENDATION THAT THE ZONING ORDINANCE BE AMENDED TO ALLOW CONSIGNMENT/GIFT SHOPS BY CONDITIONAL USE IN A 63 ZONE. The motion passed. Motion by Councilmember Jessen, seconded by Councilmember Peterson to set October 8, 1985, at 7:30 PM, as the date and time for consideration of a conditional use permit application submitted by Roger and Gaii Rager.to allow a consignment shop in a B3 Zone. The vote was unanimously in favor. Motion carried. 189 September 10,19$5 PUBLIC HEARING: CONSIDER WETLANDS PERMIT AND PRELIMINARY PLAT AND FINAL PLAT TO BE KNOWN AS "SINCLAIR COURT". The City Engineer reviewed the plat and proposed area of fill. Bruce Charon, prospective buyer of a lot in the area, questioned the drainage if fill is added and the City Engineer explained that the plan is only to fill a small area 25' x 5' wide. Mayor Potston opened .the hearing. Neighboring resident, Warren Shaffer questioned the alteration of water f]ow and drainage.. Mayor Potston closed the hearing. MOTION BY .MAYOR POLSTON, SECONDED BY COllNCILMEMBER PETERSON TO CONTINUE THE PUBLIC HEARING ON OCTOBER 8, 1985, AND DIRECT THE CITY ENGINEER TO MEET WITH THE CONCERNED CITIZENS, ON SITE, BEFORE THIS TIME. THE VOTE WAS UNANIMOUSLY IN FAVOR. MOTION CARRIED. CASE #8$-432 - VARIANCE REQUEST TO DO STRUCTURAL REPAIRS FOR UPGRADING A PRIVATE HOME TO BUILDING CODE. AARON APPLEQUIST AND MARY PACHOLKE. Councilmember Smith moved and Councilmember Peterson seconded the adopt- ion of the following resolution: RESOLUTION #85-102 A RESOLUTION ESTABLISHING A VARiANCE,FOR PROPERTY AT 2624 WESTEDGE BLVD. The vote was unanimously in favor. Motion carried. PURCHASE OPTION FOR-LOST LAKE. PROPERTY BY BALBOA MINNESOTA COMPANY Gregg Gustafson, Balboa representative, .stated that he feels that Balboa has proven their c©mmitment to Mound and they will give 1000 of their effort. The City Attorney stated that first the question of who has clear title to the property has to be answered. This could take three to six months through the courts. -The City can't grant an option on land that they don't know they have title to. LOST LAKE PROPERTY PLAN BY M. L. SYCKS Buzz Sycks reviewed his intent and-design for the Lost Lake Property. He informed the Council that he has reputable companies expressing intent to lease sales office space. The City Attorney again expressed that it is not in the best interest of tl~e City to make a decision now. This should be done after the title has been determined. MOTION BY COUNCILMEMBER SMITH, SECONDED BY MAYOR P_OLSTON, TO DIRECT THE CITY ATTORNEY TO RESOLVE THE LAND-TITLE ISSUE. AND DIRECT THE PLANNING COMMISSION TO REVIEW AND CONSIDER THE PROPOSALS FOR THIS PROPERTY. 190 ~ September 10, 1985 BALBOA PROPERTY FOR PUBLIC WORKS FACILITY Mayor Polston informed Balboa MN Co., that the City Staff would be meeting Thursday morning, September 12, 1985, and-wished to have a representative from Balboa meet with them at 9:45 AM. TOWN SQUARE Paulsen moved, Jessen seconded, adoption of the following resolution: RESOLUTION.#85-103 RESOLUTION ORDERING BOND SALE FOR TOWN SQUARE TAX INCREMENT BONDS. The vote was unanimously in favor. Motion carried. BUDGET HEARINGS Motion by Councilmember Jessen, seconded by Councilmember Peterson, to set the budget hearings for Octoberl, 1985, and October2, 1985. The vote was unanimously in favor. Motion carried. CITY MANAGER POSITION The initial screening of applicants for City Manager will be Saturday, September 14, at 9:30 AM. BLACK LAKE BRIDGE Motion by Councilmember Paulsen, seconded by Councilmember Peterson, to approve final payment in the amount of $1,020.60 for the Black Lake Bridge. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS The bills were presented for consideration. MOTION BY COUNCILMEMBER PAULSEN, SECONDED BY COUNCILMEMBER JESSEN, TO APPROVE-THE PAYMENT OF BILLS AS PRESENTED, IN THE AMOUNT OF $113,666.45 WHEN FUNDS ARE AVAILABLE. A ROLL CALL VOTE WAS UNAiJIMOUSLY IN FAVOR. MOTION CARRIED. BLUE LAGOON/PAULY MOT10N BY COUNCiLMEMBER SMITH, SECONDED BY COUNCILMEMBER PAULSEN TO HAVE THE PLANNING COMMISSION REVIEW AND CATALOG THE PAST USES OF THE BLUE LAGOON, CONSULTING WITH CITY STAFF, FOR FURTHER CON- SIDERATION BY THE COUNCIL IF NECESSARY. The vote was unanimously in favor. Motion carried. September 10, 1985 INFORMA710N/MISCELLANEOUS A. Letter regarding Lost Lake Channel Ownership and Follow-up letter to residents who .signed the petition. B. Letter from David J. Davenport C. Article on .Fiscal Disparities D. Action Alert - FLXA (Garcia Ruling) Impact on Cities and Need to Write the Minnesota Congressional Delegation Asking for Cities to be Exempt. E. Article from National League of Cities Newspaper. F. Article "The Most Entrepreneurial City in America". G. Minnehaha Creek Watershed District Memo on Proposed Rule L, Establishing a Fee Schedule for Permit Violations and Work Without A Permit. H. Notice from the Public Utilities Commission on the Contel's withdrawal of their rate increase proposal. I. Friday Report from the Met Council (Specifically the-lack of support for the Lake Virginia Force Main which is much cheaper to build than the Lake Ann Gravity Flow Sewer Interceptor. The issue goes to the Met Council on October 10. J. Notice of Hearing on the Condemnation of Certain Properties Town Square Development Area. K. Met Council Review - August 12-23, 1985 MOTION BY COUNCILMEMBER PAULSEN, SECONDED BY COUNCILMEM.BER JESSEN, TO ADJOURN THE MEETING.. THE VOTE WAS UNANIMOUSLY !N FAVOR. MOTION CARRIED... 191 Fran Clark, Acting City Manager Lin a Strong, Acting Ci y Clerk BILLS--------SEPTEMBER 10, 1885 Batch 854084 Computer Run dated 8/4/85 Batch 854085 Listed below Total Bills Amer Steel & Supply Autocon Industries Amsterdam Printing Ben Franklin Hoi ly Bostrom Bury Carlson Donald Bryce Babler Autobody Janet Bertrand Coast to Coast Clean Step Rug Copy Duplicating Dependable Services Fire Control Extinguish Glenwood Inglewood Gerrys Plumbing Henn Co. Treas Eugene Hickok ~ Assoc Henn Co. Sherrif Henn Co. Treas J.B. Distributing Jones Chemical Kelly Services Marina Auto Supply N.S.P. The Laker Long Lake Ford Tract Lowells Mound Fire Dept Ronald Marschke City of Mound Mpls. Star ~ Trib Minnegasco MN Suburban Newspaper Neenah Foundry No Star Waterworks Office Products Satellite Industries Stevens Well Drill Toll Company Timber Wall Prod Thrifty Snyder Drug Water Products Westonka Firestone Widmer Bros Flanagan Sales Best Buy Co. Green Acres Tree Serv Sentinel Swans Sheets & pipe Manua 1 s Employment Applications Supplies Cleaning 8/Zi-9/3 Asphalt Aug Chiefs Pay Repair squad 843 Meeting expenses Aug supplies-fluors lig Aug rug rental Aug copier Aug Garbage Recharge extinguishers Aug water coolers Repair-Mound Bay Park July prisoner board July water samples July booking fee Black Lake-Final Carb, cleaner Fluoride Temp help Aug supplies Aug electricity Aug ads ~ 1 ega 1 s Guard, Axles Auto parts Aug salaries, drills,Ma Aug asst chief wage liquor store water ad for City Mgr Aug gas Ad for Water Maint man Catch basin, manhole ri Repair lids Typewriter maint contra Aug satellite rental Well #2 abandonment Hose his 148.73 76.32 81.25 12.62 102.00 763.00 367.00 295.50 16.72 488.75 41.84 15.00 38.00 168.75 51.75 60.50 1,956.50 182.00 307.64 1,020.60 162.72 114.80 241.30 603.88 3,823.34 160.45 499.01 19.40 4,494.00 100.00 34.10 55.00 3.15 55.25 1,099.31 84.65 586.60 295.72 2,339.81 24.47 613.50 22.15 92.25 6.28 760.00 85.15 159.80 525.00 173.40 int ngs ct Boards ~ nails Film Stationary rods Tube Cemetery, Ridgewood Volleyball Net Video tapes Remove stump-t~ree-wtr dpt Swan Family 54,184.34 54,337.11 108,521.45 (cont) BILLS-------September 10, 1985 (cont) Butchs Bar Supply Aug mix ~ misc 422,52 Coca Cola Aug mix 320,74 City Club Distrib Aug beer 6,023.67 Day Distrib S Aug beer 4,070,11 East Side Beverage Aug beer 4,604.00 Happys Potato Chips Aug misc 123.59 Johnson Paper ~ Supply Aug bags 164,78 Jude Candy Aug misc 70,43 Kool Kube Ice Aug ice 324,60 Mark VII Sales Aug beer 1,272,00 Pogreba Distrib Aug beer 5,378.75 Pepsi Cola/7 Up Aug mix 366.80 Royal Crown Bev. Aug mix 93.70 Twin City Home Juice Aug mix 47,71 Thorpe Distrib Aug beer 7,623.75 54,337. I 1 54,184,34 108,521,45 Lutz Tree Service Diseased tree removal 5,145,00 113,666,45 ~~ ~ 7~ ~ ....sa ~ ~