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1989-02-2823 February 28, 1989 0 MINUTES - MOUND CITY COUNCIL - FEBRUARY 28, 1989 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, February 28, 1989, at 7:30 P.M., in the Council Chambers at 5341 Maywood Road, in said City. Those present-were: Mayor Steve Smith, Councilmembers Andrea Ah- rens, Liz Jensen, and Skip Johnson. Councilmember Phyllis Jensen was absent and excused. Also present were: City Manager Edward J. Shukle, Jr, City Clerk Fran Clark, City Attorney Curt Pear- son, Building Official Jan Bertrand, Water and Sewer Superinten- dent Greg Skinner and the following interested citizens: Vic Cossette, Curt Johnson, Bob Polston and Steve Coddon. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION made by Jensen, seconded by Ahrens to approve the minutes of the February 14, 1989, Regular Meeting and the February 21, 1989, Committee of the Whole Meeting as sub- mitted. The vote was unanimously in favor. Motion carried. PROCLAMATION - GIRL SCOUT WEER The Mayor read a proclamation for Girl Scout Week, March 12-18, 1989. Johnson moved and Jensen seconded the following: RESOLUTION #89-24 RESOLUTION 1989, GIRL MOUND PROCLAIMING MARCH 12-18, SCOUT WEER IN THE CITY OF The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS City Manager Ed Shukle explained that the revised amount was $2,973.21. The Mayor opened the Public Hearing. There was no response. The Mayor closed the Public Hearing. Johnson moved and Jensen seconded the following resolution: RESOLUTION 89-25 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $2,973.21 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE TO THOSE ACCOUNTS. 24 February 14, 1989 The vote was unanimously in favor. Motion carried. REQUEST TO AMEND CONDITIONAL USE PERMIT REGARDING THE PAGING SYS- TEM FROM ARCO/CENTURY - VIC COSSETTE The Building Official explained that the City has received a com- plaint from Curt Johnson about the paging system at Arco/Century. She further explained that both the 1978 and the 1989 Condi- tional Use Permits prohibited noises over loud speakers. Mr. Cossette was present and stated he has had the paging system for phone calls for 5 years and has never had any complaints. The system is used during business hours, 7:00 A.M. to 7:00 P.M. He receives 10 to 20 calls per day depending upon the time of year. There are 2 speakers, one in the east lot and one in the west lot. Mr. Johnson reiterated his complaint about the noise. Mr. Cossette submitted a letter from the business operator directly to the west of the building stating that they had no ob- jection to the paging system. The Council discussed having the volume reduced and the decibels checked by the Building Official. The City Attorney suggested that this item be referred back to the Planning Commission for their review and input. MOTION made by Smith, seconded by Jensen to refer this item to the Planning Commission for their review and recommenda- tion. The Council would recommend approval if the decibel level meets the code. The vote was unanimously in favor. Motion carried. REOUEST FOR APPROVAL OF STORM SHELTER FOR MINNETONKA HIGHLANDS MOBILE HOME PARR The Building Official explained that Mr. Coddon has asked that the Council approve an evacuation and storm shelter area for his mobile home park. The reason for this request is new legislation that requires a storm shelter and evacuation plan be approved by the municipality in which it is located by March 1, 1989. After review by the Police Chief and Building Official, the recommendation is that his plan and shelter is not a reasonable alternative and does not provide a safe area within the mobile home park. The Council discussed this item and took the following action. 25 February 28, 1989 MOTION made by Johnson, seconded by Jensen that based upon the recommendations of the City Staff and based upon review by the City Council, the City Council cannot approve Mr. Steve Coddon~s proposed plan as a safe place of shelter for the Minnetonka Highlands Mobile Home Park at 6635 Bartlett Blvd. in Mound. The vote was unanimously favor. Motion carried. AGREEMENT WITH CHAPMAN PLACE ALLOWING AN UNDERGROUND SPRINRLING SYSTEM The City Manager explained that the City Attorney has prepared the agreement with Chapman Flace allowing the installation of an underground sprinkling system. The Building Official suggested that the following be added: "7. Chapman Place is responsible for obtaining plumbing permits from the City and for installing the sprinkling system according to State Plumbing Code requirements." Jensen moved and Ahrens seconded the following resolution: RESOLUTION #89-26 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A PERMIT AGREE- MENT WITH CHAPMAN PLACE ALLOWING AN UN- DERGROUND SPRINRLING SYSTEM The vote was unanimously in favor. Motion carried. ADDITION OF ORDINANCE RELATING TO MECHANICAL AND GAS PIPING REGULATIONS The Building Official explained. that this proposed ordinance is to regulate mechanical and gas piping permit and registration of contractors and require inspections. It would eliminate novices from doing this type of work. Jensen moved and Smith seconded the following: ORDINANCE #24-1989 AN ORDINANCE ADDING SECTION 311 TO THE CITY CODE RELATING TO MECHANICAL AND GAS PIPING REGULATIONS AND ADDING SECTION 520:00, SUBSECTION (i) RELATING TO FEES FOR SAID PERMIT AND REGISTRATION The vote was unanimously in favor. Motion carried. REOUE$T FOR_REMOVAL FROM CENTRAL BUSINESS DISTRICT (CBD) PARKING PROGRAM - COMMERCE PLACE SHOPPING CENTER The City Manager explained that Commerce Place has requested removal from the Central Business District Parking Program be- cause they receive little or no benefit from the program. The City Manager reported that the CBD Parking Committee agrees and 26 February 28, 1989 recommends that Commerce Place be removed from the CBD Parking Program. The City Manager reported that included in the CBD program is the installation, maintenance and removal of the holiday decorations. Commerce Place has agreed to contribute $500 to the holiday decoration fund annually. MOTION made by Jensen, seconded by Johnson to delete JRW Properties (Commerce Place Shopping Center) from the Central Business District Parking Program because they do not receive a benefit from the program. The vote was unanim- ously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. 1988 DEPARTMENT HEAD ANNUAL REPORTS The following Department Heads presented their 1988 annual reports to the City Council: Greg Skinner, Water & Sewer Superintendent; Fran Clark, City Clerk; and Jan Bertrand, Build- ing Official. PLANNING COMMISSION REPORT, LIZ JENSEN, CITY COUNCIL LIAISON Councilmember Jensen reported that the Planning Commission will be holding a public hearing regarding the truth in housing or- dinance on Monday, March 27, 1989. They would like this to be a joint meeting of the Council and Planning Commission with the Planning Commission presiding. Their format will be to present their findings and ask for citizen input. Legal notice and a news release will be in The Laker. SET PUBLIC HEARING DATE MOTION made by Jensen, seconded by Ahrens to set March 28, 1989, for a public hearing on the Year XV (1989) Urban Hen- nepin County Community Development Block Grant Program (CDBG). The vote was unanimously in favor. Motion carried. DISCUSSION: COMMITTEE OF THE WHOLE DATES. The Council asked that this item be put on the March 15, 1989, Agenda when all Councilmembers will be present. PAYMENT OF BILLS MOTION made by Johnson, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $148,852.30, when funds are available. A roll call vote was unanimously in favor. Motion carried. 27 February 28, 1989 ADD-ON ITEMS The City Manager reported that Jo Ellen Hurr is asking that a letter of support for her reappointment to the Metropolitan Waste Control Commission be sent to Steve Keefe, Chair of the Metropolitan Council. MOTION made by Johnson, seconded by Smith directing the City Manager to send a letter supporting Jo Ellen Hums reap- pointment to the Metropolitan Waste control commission to Steve Reefe. The vote was unanimously in favor. Motion carried. TEMPORARY SIGN PERMIT MOTION made by Johnson, seconded by Jensen to approve a tem- porary, portable sign, for the Westonka Soccer Club for 10 days, March 8 to 18, to be placed near Westonka Community Services. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: A. January 1989 Financial Report as prepared by John Norman, Finance Director. B. Park Commission Minutes of January 12, 1989, and February 9, 1989. C. Planning Commission Minutes of January 23, 1989, and February 13, 1989. D. Tax data for 1989 for the City of Mound as prepared by Fran Clark, City Clerk. E. Letter dated February 16, 1989, from Luther Nelson, Hennepin County, regarding increased landfill surcharge tax. F. Letter dated February 16, 1989, from Tad Jude. G. Letter dated February 17, 1989, from Lindy Purdy, Orono, regarding support of Westonka School District. H. REMINDERS: - Senior Community Services Volunteer Recognition Party on Wednesday, March 15, 1989, 4-6 P.M., at the Eisen- hower Community Center, 1001 Highway 7, Hopkins. Please let Fran know by March 9th, if you wish to at- tend. - March 14th regular meeting has been rescheduled to Wed- nesday, March 15. 28 February 28, 1989 I. Discussion regarding Hennepin County proposal to install signal light at Commerce Blvd. and Lynwood Blvd., removing crosswalk at Ben Franklin and blocking off entrances to Coast to Coast lot from Commerce Blvd. will be held at the March 28, 1989, Regular Council Meeting. Hennepin County officials will be here to present the proposal. A news release will be issued in early March regarding this proposal. J. Notice from Gen Olson & John Burger of a Town Meeting to be held Saturday, February 25, 1989, at 10:00 a.m. in the Wes- tonka Library Community Room. L. L.M.C.D. mailings. MOTION made by Jensen, seconded by Ahrens to adjourn at 9:05 P.M. The vote was unanimously in favor. Motion carried. /~JY\ l f ~/\/°V\ ~I/~ Fran Clark, CMC, City Clerk