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1986-07-22113 July 22, 1986 MINUTES - MOUND CITY COUNCIL - REGULAR MEETING _ JULY 22, 1986 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 22, 1986, at 7:30 P. M. in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Acting Mayor Russ Peterson, Councilmembers Phyllis Jessen, Gary Paulsen, and Steve Smith. Mayor Bob Polston was absent and excused. Also present were: City Manager, Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Engineer John Cameron, Building Official Jan Bertrand, Pub"lic Works Superintendent Geno Hoff, and the following interested citizens: Nancy & George Kinser, James Lewis, Cheryl Grand, Earl Bailey and Buzz Sycks. Acting Mayor Russ Peterson opened the meeting and welcomed the people in attendance. The Minutes were presented for consideration. The City Attorney suggested that on page ,108, paragraph 3, it be noted that a 2/3 vote was needed for passage of the zoning amendment. MOTION made by Jessen, seconded by Smith to approve the Minutes of the July 8, 1986, Regular Council Meeting as amended. The vote was unanimously in favor. Motion carried. Mr. Goblirsch was not in attendance so the plaque will be mailed to him. The Acting Mayor opened the public hearing and asked if there was anyone present who wished to address the Council regarding a delinquent utility bill. No one responded. He then closed the public hearing. The City Manager noted that the amount is now down to $3420.28. Paulsen moved and Peterson seconded the following resolution: RESOLUTION #86-84 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $3,420.28 AND AUTHORIZING THE STAFF TO SHUTOFF WATER SERVICE FOR THOSE ACCOUNTS 114 July 22 , 1 986 The vote was unanimously in favor. Motion carried. PUBLIC HEARING• PROPOSED SUBDIVISION, (PRELIMINARY ~ FINAL PLAT APPROVAL) 2~-117-24 1~ 000/0004/0005/0006/0008. The City Engineer stated that this subdivision was approved approximatley 3 years ago. The developer did not proceed, but had asked for one extension which has now lapsed. The bank has now taken over the property and has a developer interested in the property and would like to move forward. The City Engineer stated that he is asking that the Council require a development contract and a~bond because there is grading that needs to be done and 3 of the lots have no sewer or water hook-ups. The Mayor opened the public hearing and asked if there was anyone present who would like to speak in favor of or against the proposed subdivision. GEORGE KINSER, 2848 Highland Blvd. - asked to see the plans for the subdivision. The City Engineer showed the subdivision plan and explained there would be 7 lots. JAMES LEWIS, 5921 Beachwood Road - asked if this area was limited to single family dwellings. The City Engineer stated yes, it is zoned R-1. NANCY KINSER, 2848 Highland Blvd. - asked about the driveway that encroached on Lot 1 from the house next to Lot 1. The Building Official stated that the persons encroaching on Lot 1 with his driveway would have to move it. The Mayor closed the public hearing. Councilmember Paulsen suggested adding a 9th condition to the resolution that would read, "All lots to be 10,000 square feet in lot size area." The Council agreed. Paulsen moved and Jessen seconded the following resolution: RESOLUTION #86-$5 RESOLUTION TO CONCUR W ITH THE PLANNING COMMISSION TO APPROVE THE PRELIMINARY AND FINAL PLAT OF LANGDON VIEW SUBDIVISION - PID #23-117-24 13 0003/0004/0005/0006l0008~ P.C. CASE #86-529 The vote was unanimously in favor. Motion carried. 115 July 22, 1986 CASE #86-528- MUELLER-LANSING PROPERTIES., 2240-2242-2244-2246 COMMERCE BLVD ~ PID #1~-117-24 ~~ 0042/004, SIGN VARIANCE The architect for Mueller-Lansing Properties was present and explained the request. The Planning Commission recommended approval. Councilmember Paulsen suggested adding a 5th condition to the proposed resolution stating, "Sign will be maintained to look like new." Paulsen moved and Smith seconded the following resolution: RESOLUTION #86-86 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE THE SIGN VARIANCE AS REQ~TESTED F'OR 2240 COMMERCE BLVD., PID #13-117-24 33 0042/0043 The vote was unanimously in favor. Motion carried. The Council complimented Mueller-Lansing Properties on the way the building is looking. LIQUOR LIABILITY INSURANCE (DRAM SHOP) The City Manager explained the background of this item. Earl Bailey, City Insurance Agent, was present and stated that he would recommend $300.,000 minimum instead of the State Statute minimum which is lower. This would be the next step over the State minimums. He suggested $300,000 combined single limit and $300,000 aggregate. There was Council discussion on this item. MOTION made by Paulsen, seconded by Jessen to direct the City Attorney and the Staff to prepare an ordinance amendment for liquor liability insurance in the amounts of $300,000 for combined single limit and $300,000 aggregate and bring it back to the Council for approval. The vote was unanimously in favor. Motion carried. C The City Clerk explained that when Ms. Nelson purchased the property in 1979, she did not file the Quit Claim Deed and it has been lost. Now they are trying to sell the property and need a new Deed. All the problems have been worked out and the property will be combined with the adjoining property after the closing on August 1 , 1986 .. 116 July 22 , 1 986 Paulsen moved and Smith seconded the following resolution:_ RESOLUTION #86-87 RESOLUTION AUTHORIZING THE MAYOR AND THE CITY MANAGER TO SIGN A QUIT CLAIM DEED TO SANDRA NELSON FOR LOT 1 , BLOCK 15, DEVON, PID #25-117-24 11 006 The vote was unanimously in favor. Motion carried. cnMMFNTS ~ SUGGESTIONS FROM CITIZENS PRESENT The Acting Mayor asked. if there was anyone present who had a comment or suggestion for the Council. BUZZ SYCKS, asked if a company had been chosen to do the Lost Lake Market Analysis? The City Manager stated yes, the Maxfield Research Group was chosen from 3 who expressed interest and the report should be in by the middle of September. Mr. Sycks then stated his group is still interested in the Lost Lake area. TAX FORFEIT PARCELS The City Clerk explained the three proposed resolutions to the Council. Jessen moved and Peterson seconded the following resolution: RESOLUTION #86-88 RESOLUTION AUTHORIZING APPLICATION FOR CONVEYANCE FROM THE STATE OF CERTAIN TAX FORFEIT LANDS The vote was unanimously in favor. Motion carried. Smith moved and Peterson seconded the following resolution: RESOLUTION #86-89 RESOLUTION RECONVEYING (IF NECESSARY) CERTAIN TAX FORFEIT LANDS BACK TO THE STATE AND REQUESTING THE COUNTY BOARD TO IMPOSE CONDITIONS ON THE SALE OF SAID TAX FORFEIT LANDS AND TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS The vote was unanimously in favor. Motion carried. Smith moved and Jessen seconded the following resolution: RESOLUTION #86-90 RESOLUTION RELEASING CERTAIN TAX FORFEIT LANDS TO HENNEPIN COUNTY FOR PUBLIC AUCTION AND CERTIFYING THE SPECIAL 117 July 22, 1986 ASSESSMENTS The vote was unanimously in favor. Motion carried. CIVIL DEFENSE PLAN The City Manager explained that the Civil Defense Plan needed to be updated and the Police Chief has now done this and is submitting it to the Council for their approval before forwarding it to Hennepin County. Paulsen moved and Jessen seconded the following resolution: RESOLUTION-#86-91 RESOLUTION AUTHORIZING DISPATCH AND USE OF CITY EQUIPMENT AND SERVICES BY CITY MANAGER IN EMERGENCY SITUATIONS 0 The vote was unanimously in favor. Motion carried. The City Manager and the City Engineer have now met with Minnetrista's Administrator, Planner and City Engineer. Their City Engineer was to have prepared a written report for their Council, but it was not ready for last nights meeting. MoundT.s City Engineer spoke to Minnetrista today. and he was informed that they would like to handle this project as a City of Minnetrista Improvement Project and they. have ordered a feasibility study of this project. Of the costs involved, Mound would pay for the oversizing of the pipe and the assessment on the triangular piece of property it owns near the railroad tracks. This would be approximately $20,000. The income from connection fees for Mound in this project would be about $44,000. There was some discussion on the Westedge Blvd. street improvement and that construction would mean about $22,000 in assessments for Mound residents. The Council directed the Staff to continue to negotiate with Minnetrista. The City Attorney asked if the Council wanted to act on the request of Jean McNeill from the last meeting allowing her to hook up to the Mound sewer system. The agreement would still have to be presented to Minnetrista and Ms. McNeill for their approval. The connection charge would be as follows: -Original Unit Assessment - 1 unit at $292.00/unit $ 292.00 Original Footage Assessment - 321.8 LF at $9.04/LF $ 2,909.07 Availability Charge - i unit at $125.00/unit = $ 125.00 Legal and Engineering Costs 400.00 TOTAL $ 3,726.07 MOTION made by Peterson, seconded by Paulsen to authorize the Mayor and City Manager to enter into an agreement with the 118 July 22, 1986 City of Minnetrista and the owner of Lot 1 , Lakeview Acres to provide Mound sewer service for the aforementioned lot and. the owner of the lot to pay the Connection Fees in the amount of $3,726.07. The vote was unanimously in favor. Motion carried. The bills were presented for consideration. MOTION made by Paulsen, seconded by Jessen to approve the payment of bills as presented on the pre-list in the amount of $242,607.09, when funds are available. The vote was unanimously in favor. Motion carried. A. June 1986 Monthly Financial Report as Prepared by John Norman, Finance Director. B. Planning Commission Minutes - July 14, 1986. C. Metropolitan Council Provisional Population Estimate - April 1, 1986, for City of Mound and other Metropolitan Communities. The City Attorney asked that the Council go into Executive Session to consider a matter in litigation. The Council called an Executive Session at 8:30 P.M. The Council returned from Executive Session at 8:45 P.M. CITY fiALL ROOF PROBLEM The City Attorney explained that the City is in litigation with the manufacturer of the roof material and the company that installed it. They have made an offer to settle. MOTION made by Paulsen, seconded by Jessen to reject the amount offered to settle this litigation and to continue to negotiate with the parties involved. The vote was unanimously in favor. Motion carried. MOTION made by Paulsen, seconded by Jessen to adjourn at 8:50 P.M. The vote was unanimously in favor. Motion carried. l ~ .wY~ - - - . ,. ,~,~nn f dward J. S ukle, Jr., City pager Fran Clark, CMC, City Clerk C~ BILLS---------JULY 22, 1986 Batch 864065 Computer Run dated 7/10/86 28,454.21 Batch 864071 Computer Run dated 7/17/86 170,348.33 Batch 864072 36,396.98 235,199.52 Addt'1 Checks Lutz Tree Service 5,985.00 Steve Coddon--refund of bldg permit 1,257.32 Curt Robbins--refund of depot rent 25.00 Spring Park Car Wash--June washes 107.25 Joyce Olson--Cable Tv -Tape mtg 33.00 7,407.57 TOTAL BILLS 242,607.09 L J