Loading...
1985-10-22215 October 22, 1985 MINUTES REGULAR COUNCIL MEETING OCTOBER 22, 198 The City Council of Mound, Hennepin County, Minnesota, met in regular session on October 22, 1985, of 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen, Gary Paulsen, Steve Smith, Russ Peterson. Also present were: Acting City Manager Fran Clark, City Planner Mark Koegler, City Attorney Curt Pearson, Acting City Clerk Linda Strong, Building Inspector Jan Bertrand, Public Works Superintendent Geno Hoff, Public Works Secretary Joyce Nelson,. Police Chief Len Harrell, Brad Lemberg, Leonard Kopp, David and. Carmen Taylor, Audrey Evans, Edwin Gibbs, John Schulter, Buzz Sykes, Kaye Westeriund and a.representative from Contel. The.Mayor opened the•meeting and welcomed those present. M I NOTES The following miuntes were presented for consideration: _ a. September 24, 1985 - Regular Meeting Counciimember Peterson asked that the following sentence be deiPted from page 2809, "John also mentioned the assessing of the property owners affected by this improvement". b. October 1, 1985 - Special Meeting Counciimember Peterson referred to page 2815, under Council Budget, The first sentence should read, "Counciimember Peterson asked about the Senior Citizen Counseling, whether it could be funded by CDBG." Counciimember Smith referred to page 281.6, the motion to delay purchase of one new police vehicle, asking what the outcome of the vote was. The outcome was three votes in favor, with Counciimember Smith, .and Mayor Polston voting no. c. October 2, 1985 - Special Meeting d. October 3, 1985 - Special Meeting e. October 5, 1985 - Special Meeting f. October 7, 1885 - Regular Meeting MOTION made by Counciimember Peterson and seconded by Council- '~ member Paulsen to approve the minutes for September 24, October 1, 2, 3, 5, and 7, as amended. The vote was unanimously in favor. Motion carried. PUBLlC HEARING: Delinquent Utility Bills for October The Acting City Manager stated the total dollar amount due was now S349o.76. ~ 98 y 216 October 22, 1985 The Mayor opened .the Public Hearing. He asked if anyone wanted to comment on the delinquent water bills. There were no comments. Mayor Polston closed the Public Hearing. Councilmember Jessen moved and Councilmember Peterson seconded the following resolution: RESOLUTION #85-124 RESOLUTION TO DISCONTINUE WATER SERVICE _ WHERE THE BELLS ARE MORE THAN SIX MONTHS IN ARREARS. _ .. The vote was unanimously in favor. .Motion carried. CONTINUATION•OF PUBLIC HEARING:- From February 12, 1985 Meeting TOWN SQUARE REQUEST: a. b. Conditional Use Permit to Allow a Drive-In Bank Variances - Setback to the R-3 . Parking Sta1l~Size ~ Number Drive-ln Bank Location. a. Conditional Use Permit to Allow a Drive-In Bank. The Acting City Manager. stated that the Planning Commission has looked at these issues and recommends approval. The City Planner, Mark Koegler, stated the reason for the CUP is that in~the zoning ordinances, all Drive-In facilities of any type, require a CUP. . The Acting City Manager stated that 2 resolutions were needed. Mayor Polston.reopened the Public Hearing, and asked if anyone wished to speak for or against these issues. There were none. The Mayor closed the Public .Hearing. Councilmember Paulsen moved and Councilmember Peterson seconded the following resolution: RESOLUTION #85-125 RESOLUTION TO CONCUR W{TH THE PLANNING COMMISSION APPROVING THE CONDITIONAL USE PERMIT TO ALLOW A DRIVE IN BANK FACILITY IN TOWN SQUARE. The vote was unanimously in favor. Resolution passed. Councilmember Paulsen moved and Councilmember Smith seconded the following resolution: RESOLUTION #85-126 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION APPROVING THE VARIANCES: SETBACK TO THE R3, PARKING STALL SIZE ~ NUMBER, DRIVE iN BANK, AS REQUESTED. The vote was unanimously in favor. Resolution passed. ~~q~s 217 October 22, 1g85 CASE #85-444: David & Carmen Taylor, 5991 Ridgewood Road, Part of Lots 13, 14 b 15, Block 6, The Highlands The request to recognize existing nonconforming structure. The Acting City Manager stated that the Planning Commission recommends approval. The garage is in the right of way. The house will meet the set backs. Councilmember Jessen moved and Councilmember Paulsen seconded the following resolution: RESOLUTION #85-.127 RESOLUTION RECOGNIZING THE EXISTING NON- CONFORMING STRUCTURE AT 5991 RIDGEWOOD ROAD, PART OF LOTS 13, 14 ~ 15, Block 6, THE HIGHLANDS. The vote was unanimously in favor. Resolution passed. CASE#85-445: Request to allow existing accessory building to remain and grant side yard variance at 4339 Wilshire Blvd. Part of Lots 1, 2, B, 75 ~ 76. First rearr. of Phelp's Island Park 1st division and lot 3, Phelp's Island Park 1st division. '~ The Acting City Manager stated that the Planning Commission denied the variance change because they approved the subdivision with the stipulation that the building would be -moved or removed, Councilmember Peterson moved and Councilmember Smith seconded the following resolution: RESOLUTION #85- 12u RESOLUTION TO DENY A VARIANCE AND TO REAFFIRM A SUBDIVISION APPROVAL CONDITION FOR A METES AND BOUNDS DESCRIBED LOT AT 4339 WILSHIRE BLVD., PID # 19-117-23 13 0006. The vote was unanimously in favor. Resolution passed. CASE#85-446L Request for a four foot front yard setback variance at .5525 Church Road, Lots 1 ~ 2, Block 7, Lakeside Park A. L. Crackers 1st division. The Acting City Manager stated that the Planning Commission recommended approval on this. Councilmember Smith moved and Councilmember Jessen seconded the following resolution: RESOLUTION #85- 129 RESOLUTION TO CONCUR WITH THE PLANNING COMM- ISSION TO APPROVE A FOUR FOOT FRONT YARD SETBACK VARIANCE AT 5525 CHURCH ROAD, LOTS 1 S 2~ BLOCK 7, LAKESIDE PARK A.L. CROCKERS 1st DIVISION. a~~~ 218 ~ October 22, ]g85 The vote was unanimously in favor. Resolution passed. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT There were no comments or suggestions from citizens present. LOST LAKE LAND REGISTRATION UPDATE LETTER FROM CURT PEARSON City Attorney Curt Pearson informed the Council that a court date of November 8, 1985, with Judge Lindberg, has been set. LETTER FROM BUZZ 5YKES ABOUT LOST LAKE SITE Mr. Sykes restated his concern for legal action to be taken on the Lost Lake Site. AWARDING THE SALE OF $1,800,000 GENERAL OBLIGATION TAX INCREMENT FINANCING BONGS OF 19 5; FIXING THEIR FORM ~~SPECIFICATIONS; PAYMENT. Mayor Poston introduced the City's former Manager and now presently one of the City's Bond Counselors from Miller Schroeder, Leonard Kopp. Mr. Kopp stated that four bids were received, with the low one from Miller Securities, at the interest cost of $.5988. Mr. Kopp said the low bid was under the estim~teu bid projected some time ago. Councilmember Peterson moved and Councilmember Jessen seconded the following resolution: RESOLUTION n85- 13~ RESOLUTION AWARDING THE SALE OF $1,800,000 GENERAL OBLIGATION. TAX INCREMENT BONDS OF 1985; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. The vote was unanimously in favor. Resolution passed. REQUEST FOR A STREET LIGHT ON SHOREWOOD LANE The request was submitted to the Council by Mr. Stephen Briggs, 1871 Shorewood Lane, Mound, fora neighborhood street light. He stated there has been burglaries and vandalism due darkness, heavily , wooded area, and winding streets. Mr. Briggs had a petition signed by neighbors requesting the street light installed. The Acting City Manager stated that Officer Ewald had investigated this and found the area very dark. The staff recommended approval. . ~~lg~ 219 October 22, 1985 Councilmember Paulsen moved and Councilmember Peterson seconded the following resolution: RESOLUTION #85- 131 RESOLUTION APPROVING THE INSTALLATION OF A STREET LIGHT ON SHOREWOOD LANE. The vote was unanimously in favor. Resolution passed. RESOLUTIONS REQUESTING THE COUNTY AUDITOR NOT TO LEVY FOR CERTAIN FUNDS Councilmember Smith moved and Councilmember Paulsen .seconded the following seven resolutions: RESOLUTION #85- 132 RESOLUTION REQUESTING THE COUNTY AUDITOR NOT TO LEVY $22,231.00 FOR 1976 WATER REVENUE 80NDS. RESOLUTION #85- 133 RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1982 IN THE AMOUNT OF $18,000.00. RESOLUTION #85- 13~} RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1976 IN THE AMOUNT OF $1,6$5.00. _ RESOLUTION #85-135". RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1979 IN THE AMOUNT OF $20,444.00. RESOLUTION #85- 136 RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 19$0 IN THE AMOUNT OF $6,288.00. RESOLUTION #85- 137 RESOLUTION REQUESTING THE COUNTY AUDITOR NOT TO LEVY $18,693.00 FOR FIRE EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1981 RESOLUTION #85- 133 RESOLUTION REQUESTING THE COUNTY AUDITOR NOT TO LEVY $12,823.00 FOR FIRE EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1984 The vote was unanimously in favor. Ail seven resolutions passed. , PAYMENT OF BILLS The bills were presented for consideration. Councilmember Paulsen moved and Councilmember Jessen seconded the following motion; MOTION TQ APPROVE THE PAYMENT OF BILLS AS PRESENTED ON THE PRE-LIST IN THE AMOUNT OF $287,183.15, bIHEN THE FUNDS ARE AVAILABLE. Through a rail call vote, the vote was unanimous. Motion carried. X988 220 October 22, 19i3j CITY VS. SANDER COMPANY AND GENERAL ELECTRIC City Attorney Curt Pearson stated that the City is suing the Sander Company and General Electric regarding the roof and skylights. As part of this the depositions of Mr. Kopp and Jan Bertrand will be needed. Mr. Kopp has agreed to cooperate. However, he needs to refresh his memory before court time. Mr. Pearson feels compensation would be in order, because he will be giving his time to the City. There was no objection from the Council. A motion was not needed, just the consensus of the Council. SUPERAMERICA The Acting City Manager stated that SuperAmerica will be opening in mid-November. They have applied for and paid the fee fora license to sell non-intoxicating malt liquor (3.2 beer). This needs the Council's approval. MOTION MADE BY COUNCILMEMBER SMITH AND SECONDED BY COUNCILMEMBER JESSEN TO APPROVE THE ISSUANCE OF A LICENSE FOR SUPERAMERICA TO SELL NON-INTOXICATING MALT LIQUOR. The vote was unanimosuly in favor. Motion carried. BUS ROUTES Counciimember Smith stated that there is a request from residents of Mound to extend the bus route to the west end of town. It was • decided that the Acting City.Manager would send a letter to MTC, stating the City's request for extended service. Senior Citzen Center The Acting City Manager had talked epin County, regarding the part of pays. Part of the funding for this creating a savings in the budget. RECYCLING COSTS with Larry Blackstead, from Henn- Kathy Bailey's salary that the City could come from CDBG funds, thus Councilmember Jessen mentioned that not only does the City receive 50% rebate"from the County, but the Met Council is paying the City •SOC per household that participates. The City will also receive $4.00 per ton of recyclable materials. Therefore, some more funds are generated through recycling. CITY MANAGER Mayor Polston stated the Council has selected one of the candidates for the City Manager position, and that the Council may be at the point now to ask the Mayor and Acting City Manager to begin negotiating terms of employment. ~9 221 October 22, 1985 Councilmember Paulsen moved, and Councilmember Peterson seconded the following resolution, prepared by City Attorney, Curt Pearson: RESOLUTION n85- 139 RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND THE ACTING CITY MANAGER TO NEGOTIATE, SUBJECT TO COUNCIL APPROVAL, A CONTRACT OF EMPLOYMENT WITH EDWARD SHUKLE AS CITY MANAGER FOR THE CITY OF MOUND. The vote was unanimously in favor. Resolution passed. PUBLIC WORKS BUILDING STUDY~UPDATE Brad Lemberg from Bonestroo, Rosene, Anderlik ~ Assoc., presented an update to the Council. Prelinimary plans illustrate a Public Works building with shop, offices and inside storage, east of City Hall. To the west of City Hall, plans show outside material storage fenced and land- scaped to harmonize with the surrounding area. Ballpark cost, $1,012,500 to $1,125,000, construction only. It was noted that the inside storage may not be adequate and layouts may be redesigned. There are various exterior schemes to be considered. Mayor Polston said the Council should reactivate the Public Works building study committee. He stated that a referendum was definitely required to fund the building. The Council authorized the spending of funds to investigate the actual cost, prepare a brochure to inform the Public and set up.informational meetings for the Public to attend. The City Attorney- advised the Council that they could not prepare a "yes vote" brochure. The Building Study committee should do this, as the City cannot use public funds to campaign. Coincilmember Smith moved and Councilmember Paulsen seconded the following resolution: RESOLUTION ;85- 1~G{0 RESOLUTION TO TARGET A REFERENDUM TO FUND THE BUILDING OF A NEW PUBLIC WORKS BUILDING, IN LATE JANURAY 1986, GET DEFIN171VE ANSWERS ON COST, PREPARE A BROCHURE SHOWING THE NEED, ARRANGE FOR PUBLIC INFORMATION MEET- INGS AND REACTIVATE THE C171ZENS TASK FORCE. The vote was unanimously in favor. Resolution passed. LOST LAKE SITE Councilmember Smith proposed negotiating with the Church Attorney, in selling the land and splitting the profits before the court date of Nov. 8. Attorney Pearson saw no reason to back away yet. Consensus of the Council was to wait for the~Courts interpretation of the law. X990 222 INFORMATION/MISCELLANEOUS October 22, 1985 A. Letter from City Attorney regarding Met Council Action on RECS. B. Notice of Breakfast Meetings, Oct. 24 & 25 on Regional Development. C. Letter of Resignation for Buzz Kraft. D. tnformation from Met Council on Recycling Funding ` E. Notice of Meeting on Solid Waste Issues F. Letter from City Attorney RE: Allied Painting & Renovating v. City of Mound. G. Note on Lake Virginia/Lake Ann Interceptor H. League Update of TIF Study I. LMCD - BWI Ordinance J. Articles & Update on F.L.S.A. K. Articles on Revenue Sharing •• L. Article on MWCC Salaries M. Hennepin County Compost Operation N. School District Minutes 0. Planning Commission Discussion Item on Conditional Use Permits MOTION MADE BY COUNCILMEMBER PAULSEN AND SECONDED BY COUNCILMEMBER PETERSON TO ADJOURN-THE MEETING. The vote was unanimously in favor. Motion passed. The meeting was adjourned at 9:03 PM. ~~~~~ Fran Clark, Acting City Manager ~'? _. .. Linda Strong, Acting ity Clerk a 9~~ BILLS--------OCTOBER 22, 1985 Batch 854101----Computer run dated 10/15/85 Batch 854102----Computer run dated 1.0/17/85 Bills listed below Total Bills American Financial Printing Contel Financial Communications Deloris Schwalbe Todd Truax John McKinley Mike Savage Print Bonds-TIF Telephone Legal notice-TIF Bonds Mileage thru Sept School Expenses ~~ 248,640.48 36,178.41 2,364.26 287,183.15 1,188.75 990.59 48.84 65.25 8.64 7.96 Reimb Spectacle Kit ~ lens 54.13 ~, :"