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1986-04-2957 April 29, 1986 MINUTES - HOUND CITY COUNCIL - REGULAR MEETING APRIL 29, 1986 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 29, 1986, at 7:30 P.M. in the Council Chambers at 5341 Maywood Road in said City. Those present were: Mayor Bob Polston, Couneilmembers Phyllis Jessen, Gary Paulsen, Russ Peterson and Steve Smith. Also present were: City Manager Edward J. Shukle, Jr., City Attorney Curt Pearson, City Engineer John Cameron, City Clerk Fran Clark, Building Inspector Jan Bertrand, Finance Director John Norman and the following interested citizens: Larry Connolly, Cheryl Grand, Steve Coddon, Steve Kakos, Buzz Sycks, and Vern Nichols. The Mayor opened the meeting and welcomed the people in attendance. The Minutes from the April 15, 1986,"Regular Meeting were presented for consideration. NOTION made by Paulsen, seconded by Smith to approve the Minutes of the April 15, 1986, Regular Meeting as presented. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS The Mayor opened the public hearing and asked if there was anyone present who wished to address the Council regarding a delinquent utility bill. PATRICIA BARTHEL, 3061 Brighton Blvd. stated that she has been out of work since August and would like to make arrangements to pay the bill, but that she cannot pay the entire amount. The Mayor asked that she come into City Hall tomorrow to work out a payment arrangement with the City .. Clerk and the Utility Billing Clerk. e The Mayor closed the public hearing. Paulsen moved and Peterson seconded the following resolution: RESOLUTION #86-45 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF #14,070.~~ DELETING ACCOUNT #33-587-3061-61 AND AUTHORIZING THE STAFF TO SHUTOFF WATER SERVICE FOR THOSE ACCOUNTS 58 April 29, 1986 The vote was unanimously in favor. Motion carried. ~F'~' DATE FOR PUBLIC HEARING: AMENDMENT TO YEAR XI CBDG FUNDS NOTION made by Jessen, .seconded by Peterson to set May 13, 1986, at 7:30 P.N. for a public hearing to consider an amendment to Year %I CBDG funds. The vote was unanimously in favor. Notion carried. The City Engineer explained his letter of April 22, 1986, relating to the question raised by some Mound residents about a lack of sufficient water pressure in the Dutch Lake area. He stated that a desirable City watermain pressure would be in the range of 50 to 60 P.S.I. After checking, the average main pressure at the hydrants on the end of Walnut Road and at the last hydrant on County Road 15 at the intersection of We~stedge Blvd. and south of County Road 15 was 40 P.S.I. The pressure on the hydrant located at the intersection of Westedge Blvd. and County Road 15 and at the hydrant on the end of Maple Road was 50 P.S.I. He further reported that the difference in pressure is due mostly to the difference in elevation between these hydrants. Their calculations show the pressure would be approximately 35 P.S.I. at the end of the proposed cul-de-sac in the new plat. He then stated- that the extension of these mains should not-lower the water pressure to any of the existing homes in Mound. The Mayor suggested that the Staff check to see if the lower water pressure would have any effect on the fire rating the city receives from insurance carriers. The Engineer then recommended that the City of Mound charge the developer $12,979.89 as a fee to connect to the City's utilities. He explained that this figure was arrived at by charging in the nine proposed lots in Minnetrista the same as they would be charged if they were located in Mound and had never paid a sewer or water assessment. The City Attorney then suggested that in addition to the above figure, Mound should also charge for any legal or engineering costs it might incur for this work and that this should all be put into the form of an agreement between the two cities. Councilmem ber Smith asked that utility billing procedures for the new lots be included in the agreement. NOTION made by Paulsen, seconded by Smith directing the Staff to do the following: 1. Check with the Fire Dept. or appropriate sources to see if lower water pressure would affect fire 59 .April 29, 1986 ratings. 2. Research any other agreements for utilities xith Hinnetrista and bring back a proposed agreement for the Council to consider, including costs to be paid by the developer and billing procedures for the neW lots. The vote Was unanimously in favor. Motion carried. The City Clerk explained that this should be the last piece of property that needs to be subdivided for right-of-way in the Lynwood Blvd. Realignment Project. Paulsen moved and Jessen seconded the following resolution: RESOLUTION #86-46 RESOLUTION TO APPROVE THE SUBDIVISION OF PARCEL 2 NEEDED FOR THE LYNi~T00D BLVD. IMPROVEMENT PROJECT • The vote was unanimously in favor. Motion carried. REQUEST FOR CONVEYANCE OF CERTAIN EASEMENT, ON TAX FORFEIT PROPERTY The City Clerk explained that on the last list of tax forfeit property Hennepin County provided, permanent easements were needed on two of the parcels. The parcels were as follows: 1. PID X19-117-23 32 0196 - Lots 21 & 22, Block 11, Wychwood 2. PID X19-227-23 32 0192 - Lots 23 & 24, Block 11, Wychwood Jessen moved and Peterson seconded the following resolution: • RESOLUTION #86-47 RESOLUTION REQUESTING CONVEYANCE OF CERTAIN EASEMENTS ON TAX FORFEIT PROPERTY The vote was unanimously in favor. Motion carried. FINAL PLAT APPROVAL CASE #85-50~• RICHARD T. ANDERS_ON_, PID #1~- d 11T-24 ~~ 001/0014 The Building Inspector stated that this plat is ready for final approval. The Engineer asked that ~4 in Resolution X86-32 be deleted because it is a repeat of ~6, but that 4t~4a remain in the resolution and become item 4~4. Jessen moved and Paulsen seconded the following resolution: RESOLUTION #86-48 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE A FINAL PLAT FOR 60 April 29, 1986 °ANDERSON ONE" SUBDIVISION AND AMEND RESOLUTION #86-32 BY DELETING ITEM #~} AND RENUMBERING CFA TO ITEM ~ The vote was unanimously in favor. Motion carried. SASE #86-506- STEVE ODDON FRONT YARD VARTeur ,__t.OT 1 AND PART The Building Inspector explained what the applicant has requested. She stated that the Planning Commission has recommended approval of the subdivsion, but denial of the variances requested. Councilmember Smith stated that he has a client who has an interest in this property, therefore he will abstain from voting on this request. Mr. Coddon presented his request to the Council. Polston moved and Jessen seconded the following resolution: RESOLUTION #86-fig RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE SUBDIVISION OF LOTS 1 AND 2, BLOCK ~4, REPEAT OF HARRISON SHORES AND TO DENY ANY VARIANCE IN STRUCTURE SETBACKS, PID #13-117-24 21 0047/OO~F8 The vote was ~ in favor with Councilmember Smith abstaining. Motion carried. The Building Inspector explained that Kraus-Anderson has requested a 64 square foot sign that will identify the construction site of Town Square. Under the ordinance the. maximum construction sign shall not exceed 32 square feet. This would be a temporary identification sign. The staff and the Planning Commission are recommending approval on the condition that no grand opening banners or pennants be placed on the office/retail shops until the construction identification sign is removed. Polston moved and Smith seconded the following resolution: RESOLUTION #86-50 RESOLUTION TO CONCUR WITH THE PLANNING COMHISSION RECOMMENDATION TO APPROVE A SIGN VARIANCE FOR KRAUS-ANDERSON OF ST. PAUL AT 2200 COHMERCE BLVD.,. PID #13-117- 24 32 0125/0129/0161 AND 13-117-2~ 33 0001/0027/0058/0059/0060/0061/0062/0063 61 April 29, 1986 The vote was unanimously in favor. C_A_S_F_ #$6-512: GERALD BARTO~j., LOT 4, BLOCK 9, THE HIGHLANDS, - LOT SIZE VARIANCE The Building Inspector explained that Mr. Bartow has requested a variance in lot size and width to allow construction of a single family home with conforming setbacks. The Zoning Code requires a 10,000 square foot lot in the R-1 District with a lot width of 60 feet. This lot is 9,060 square feet and is 50 feet wide. It is well within the 10~ allowable. The Planning Commission has recommended approval. The Mayor asked that the following statement be added to the proposed resolution, rrNo further variances will be granted." The Council agreed. Polston moved and Peterson seconded the following resolution: RESOLUTION #86-51 RESOLUTION TO APPROVE A VARIANCE IN LOT WIDTH AND LOT AREA FOR LOT 4, BLOCK 9, THE HIGHLANDS. PID #23-117-2~ 34 0024 (6032 CHERRYWOOD ROAD) The vote was unanimously in favor. Motion carried. COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT. The Mayor asked if there was anyone presented who wished to make a comment or suggestion to the Council. STEVE KAKOS, 6381 Maple Road, stated that he is a Mound resident and lives below the proposed development in Minnetrista. He complained that he was not notified of the rezoning in Minnetrista. The City Clerk explained that Minnetrista handles their public hearing notices differently than Mound and Mound was not aware at that time that Minnetrista expected Mound to send out their notices to our residents. Mound requires the developer of a property to supply the names and addresses of the persons within the required distance and it makes no difference if there are people from other communities on the list, Mound sends out the notices. An intern at Minnetrista has done a survey since this problem arose and found that most other cities handle notices the sam a as Mound. Until Minnetrista changes their policy on hearing notices, Mound has been and will continue to send out the notices received from Minnetrista. Mr. Kakos then asked that before the utility hook-up is approved, which was one of the conditions of the preliminary plat approval, that the City of Mound make sure that the watershed from this new plat is not going to cause problems for the residents of Mound. The Council directed the City 62 April 29, 1986 Engineer to check on this with Minnetrista. DENNIS ERICKSON, 2424 Avon Drive, suggested that the City look into other sites for a Public Works facility, i.e. the Balboa property east of the NSP substation on Lynwood Blvd., the Riley bus garage (currently used by Contel), or working out some kind of joint maintenance venture with the School District using their property and buildings. The Mayor explained that a number of sites were looked at before the decision was made that the site near the Fire Station was the most economical and best site. A primary concern of the Council was not to take more property off the tax rolls and the City owns the site that was proposed. The Council thanked the people for their comments and suggestions. MATER SH rrnFF pOLr~Y The City Manager stated that since he has been here, each month the delinquent utility bills have gone up ($3,000 January to $14,000 April 1 st). It takes the City ~6 ~to 8 months to finally turn som cones water off using the present policy. He then turned the subject of a new policy over to Finance Director John Norman. Mr. Norman stated that the Water Fund has consistently been running with losses for 1984, 1985 and already in 1986, the expenditures have exceeded revenues by $45,835.00. He explained that he has checked with other cities and our collection. policy appears to be the most lenient. The proposed policy would be the same as in the past except the City would no longer hang Red Tags as a final notice. The letter sent to the resident notifying them of the public hearing would be rewritten and would be the final notice. Also proposed is a change in the connection fee from $15.00 to $35.00 so the Water Department can cover the ecst, of disconnection and reconnection of service. Mayor Polston and Councilmen ber Peterson stated they would be in favor of increasing the connection fee but had some reservations abut not giving people enough notice before shutting off their water service which Mayor Polston stated he has seen come back to haunt some cities in legal costs. Smith moved and Jessen seconded the following resolution: RESOLUTION #86-52 RESOLUTION ADOPTING THE PROPOSED CHANGES TO THE WATER SHUTOFF POLICY AS REQUESTED AND PRESENTED The vote was 3 in favor with Mayor Polston and Councilmember ~~terson voting nay. Motion carried. 63 April 29 , 1986 LICENSE RENEWALS The Building Inspector stated that the House of Moy's Restaurant License is up for renewal and she and the Fire Marshal are recommending it not be renewed because the restaurant still does not have the required fire extinguishers in .place. The Temporary Certificate of Occupancy that was issued on April 1~, 198, required fire extinguisher placement throughout the building at 5555 Shoreline Blvd. To date this has not been done. MOTION by Smith, seconded by Paulsen to authorize the extension of the House of Moy's Restaurant License until May 15, 1986, and if they do not install fire extinguishers by then the Council will take the necessary action to revoke the licenses of the House of Moy, because it could be detrimental to the general public's health, safety and welfare not to have the extinguishers in place. If the extinguisher's are placed the Restaurant License will be renewed for one year. The vote was unanimously in favor. Motion carried. The following licenses expire on April 30, 1986, and need to be renewed: BOW 8 LING Lanes - Mound Lanes JUKE 1 - BOX American Legion 1 - Donnie's on the Lake GAM ES OF SKILL 1 - VFW 465113 1 - Al & Alma's 4 - Captain Billy's COOL TABLE 3 - Donnie's on the Lake 2 - Captain Billy's 1 - VFW 465113 RESTAURANT Al & Alma's American Legion 46398 Boat Rentals of Minnetonka, .Inc. (formerly Blue Lagoon) Captain Billy's Donnie's on the Lake The Fig Tree (formerly the Lighthouse) Happy Garden (formerly Pizza Factory) Hardee's Mound Lanes VFW 465113 MOTION made by Smith, seconded by Jessen to authorize the issuance of the above listed licenses for a period of one year from May 1, 1986 to April 30, 1987. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS The bills were presented for consideration. 6 ~4 April 29, 1986 NOTION made by Jensen, seconded by Smith to approve the payment of bills as presented on the pre-list, in the amount of $127,033.8, when funds are available. A roll call vote was unanimously in favor. Motion carried. The Mayor reported that he and the City Manager met with Brad Lemberg of BRA to discuss what items could be cut from the Public Works Facility proposal to lower the cost. The following ~ items were listed: 1 . Fuel System $~16 , 000 2. Outdoor Storage area west of City Hall $60,000 (This would necessitate using the Lost Lake area until it is sold and then using the money from the sale to put in the storage area.) 3. Landscaping for the storage area $ 8,000 u. The largest hoist $ 1,.000 Total $115,000 He further reported that they again discussed a metal vs. a concrete structure and found that by the time the metal building was brought up to code and the added insurance costs, we would again have the high costs. The Council discussed having another survey of buildings or sites in Mound and asked the City Manager to inquire about the old Riley bus garage that Contel is now using. The Council discussed waiting until the November election to bring the question up again feeling that the special election did not bring enough people out to vote. Mayor Polston reminded the Council that when the City Manager was hired they agreed that he should belong to at least one service organization in the community and the City would pay for the dues of the organization. The City Manager has applied and been accepted by the Rotary Club at a cost of $600.00 per year. Money to be taken from the City Manager/Clerk Dues & Subscriptions budget and the balance from the Council Dues & Subscriptions budget. MOTION made by Polston, seconded by Peterson to authorize the payment of dues to the Rotary Club for the City Manager for 1 year in the amount of $600.00. The vote was unanimously in favor. Motion carried. r~ 1 0 65 April 29 , 1986 INFORMATION/MISCELL-ANEOUS A. March 1986 Financial Report as prepared by John Norman, Finance Director. B. Planning Commission Minutes of April 1~4, 1986. C. 1985 Annual Report of the Minnehaha Creek Watershed District. D. REMINDER: Annual League of Minnesota Cities (LMC) Conference, June 17-20, 1986, Duluth. Please advise if you are interested in attending. MOTION made by Paulsen, seconded by Smith to adjourn at 9:25 P.M. The vote was unanimously in favor. Motion carried. ~, _. Edward J. Shu , Jr., City Ma er ~lv~ Fran Clark, CMC City Clerk i~ BILLS--------APRIL 29, 1986 Batch 864041 Computer run dated 04-18-86 Batch .864042 Computer run dated 04-23-86 Total Bills 1 79,102.10 47,931.38 127,033.48 is ~~~