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1993-05-11109 May 11, 1993 MINUTES - MOUND CITY COUNCIL - BOARD OF REVIEW Pursuant to due call and notice thereof, the Board of Review convened in the Council Chambers of the City of Mound, Hennepin County, Minnesota, at 5341 Maywood Road, in said City on May 11, 1993, at 7:00 PM. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, Hennepin County Assessor Keith Rennerfeldt and Hennepin County Appraiser Bill Davy. Mayor Johnson opened the Board of Review and explained that this meeting is to give property owners a chance to question the value placed on their property by the County Assessor as of January 2, 1993. He explained that each person would be heard and the Board of Review will reconvene Tuesday, May 25, 1993, at 7:00 PM and bring back their final decision on each property. The following persons responded to the call to be heard either in person, by calling and asking to have their name submitted, or by submitting their concerns in writing. They all asked to have the value of their property rechecked because they felt it was too high. 1. PID #13-117-24 32 0083 - D.R. HOLMS, 5421 CHURCH ROAD 2. PID #14-117-24 41 0053 - ROBERT GOVE, 5789 ELM ROAD 3. PID #19-117-23 34 0073 - J.L. VORIS, 3030 ISLAND VIEW DRIVE PID #14-117-24 14 0010 - NORMAN SIMONDET, 5690 GRANDVIEW BLVD. PID #23-117-24 23 0015 - DAN & SUE ARETZ, 6228 WESTWOOD CIRCLE 6. PID #19-117-23 33 0106 - ALLEN WIGAND, 4754 HAMPTON ROAD PID #19-117-23 24 0080 - KATHLEEN SHERIDAN, 4407 WILSHIRE BLVD., #302F 8. PID #14-117-24 14 0017 - JOHN ESSE, 5773 GRANDVIEW, BLVD. 9. PID #13-117-24 23 0027 - FLOYD PALM, 1910 COMMERCE BLVD. 10. PID #19-117-23 13 0123 - ROBT. NYGAARD, LAKEWINDS CONDO. 109 110 May 11, 1993 May 11, 1993 11. PID #23-117-24 44 0002 - JEFFREY BERGMANN, 3032 HIGHLAND BLVD. 12. PID #13-117-24 41 0035 - DONALD SWEEN, 2028 ARBOR LANE 13. PID #24-117-24 43 0034 - MELVIN ZUCKMAN, 5012 TUXEDO BLVD. 14. PID #25-117-24 21 0102 - WILLIAM JOHNSEN, 5300 PIPER ROAD 15. PID #23-117-24 23 0106 - WALTER LARSON, 2631 SETTER CIRCLE 16. PID #13-117-24 31 0073 - CLARK PETERS, 2146 NOBLE LANE 17. PID #19-117-23 13 0025 PID #19-117-23 13 0129 PID #19-117-23 24 0060 - TED FOX, 4363 WILSHIRE BLVD. (LAKEWINDS CONDOMINIUMS) 1.0 MOTION made by Smith, seconded by Jessen to reconvene the Local Board of Review on Tuesday, May 25, 1993, at 7=00 PM, in the City Counoil ohambers at 5341 Maywood Road. The vote was unanimously in favor. Motion carried. MINUTES - MOUND CITY COUNCIL - MAY 11, 1993 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 11, 1993, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, and the following interested citizens: Mark Motzko, Steve Bell, Oy Moy, Larry Shaw, Ingrid Shaw, Jeff Erickson, Bob Engelhart, Michael Durell, and Randi Saba. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.1 MINUTES MOTION made by Jensen, seconded by Smith to approve the Minutes of rheA pti1 27, 1993, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 110 111 May 11, 1993 1.2 RECYCLOTTO WINNER The Mayor presented Mark Semeja, 4941 Edgewater Drive, with 200 Westonka Dollars. 1.3 CASE %93-014: MARK MOTZKO, 4882 LESLIE ROAD, LOTS 11, 12 & 13~ BLOCK 21~ WYCHNOOD~ PID %24-117-24 41 0178~ VARIANCE REOUEST The City Manager explained the request. recommended approval. The Planning Commission Smith moved and Ahrens seconded the following resolution: RESOLUTION %93-55 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF A CONFORMING DECK AT 4882 LESLIE ROAD, LOTS 11, 12 & 13, BLOCK 21, WYCHWOOD, PID %24- 117-24 41 0178, P & Z CASE %93-014 The vote was unanimously in favor. Motion carried. 1.4 PETITION FROM RESIDENTS LOCATED ON SOUTH SIDE OF BEACHWOOD ROAD - RE: NO PARKING ON SOUTH SIDE OF STREET The City Manager explained that a petition has been received from the residents of Beachwood Road requesting that no parking signs be installed on the south side of that street. The reasons are because of car/trailer parking on the weekends on both sides of this road causing mail not being delivered, difficulty in getting out of the driveways and the possibility of emergency vehicles not being able to access the street. Several of the petition signers were present. The City Clerk stated that presently the north side of the street is supposed to be no parking so this will have to be changed. Smith moved and Ahrens seconded the following resolution: RESOLUTION %93-56 RESOLUTION APPROVING NO PARKING ON THE SOUTH SIDE OF BEACHWOOD ROAD FROM BARTLETT BLVD. TO THE CUL-DE-SAC AND REMOVING NO PARKING FROM THE NORTH SIDE OF BEACHWOOD ROAD FROM BARTLETT BLVD. TO THE CUL-DE-SAC The vote was unanimously in favor. Motion carried. 111 112 May 11, 1993 May 11, 1993 1.$ P~SENTATION OF 1992 FINANCIAL AUDIT - GARY GROEN, ABDO, ABDO & SICK AND GINO BUSINARO, FINANCE DIRECTOR The 1992 Audit was presented by Gary Groen of Abdo, Abdo & Eick and Finance Director Gino Businaro. Jensen moved and Jessen seconded the following resolution: RESOLUTION #93-57 RESOLUTION ACCEPTING AND APPROVING THE AUDIT AND FINANCIAL REPORT OF 1992 The vote was unanimously in favor. Motion carried. 1.6 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT The following persons spoke against the removal of the crosswalk at the House of Moy and asked that there be a referendum vote on this crosswalk issue: Steve Bell, 6323 Bay Ridge Road, Mound Oy Moy, 2458 Fairview Road, Mound Larry Shaw, 6440 County Road 15, Minnetrista Randi Saba, 2348 Commerce Blvd., Mound Jeff Erickson, 3256 Kings Point Road, Minnetrista Ms. Moy read a letter from Representative Steve Smith asking the Council to reconsider their earlier action to close the crosswalk at the House of Moy. Ms. Moy also read a prepared statement. The City Attorney stated that he does not think that advisory opinions are referendum issues and therefore could not be the subject of that kind of election. The Council thanked the people appearing. 1.7 PROCI~MATION OF THE ANNUAL SALE OF BUDDY POPPIES BY THE VETERANS OF FOREIGN WARS The Mayor read the proclamation for the annual sale of Buddy Poppies on May 21 and 22, 1993. Smith moved and Jessen seconded the following: PROCLAMATION %93-58 PROCL~,MATION OF THE ANNUAL SALE OF BUDDY POPPIES BY THE VETERANS OF FOREIGN WARS The vote was unanimously in favor. Motion carried. 112 113 May 11, 1993 1.8 RESOLUTION APPROVING AN APPLICATION FOR AUTHORIZATION FOR EXEMPTION FROM L~WFUL GAMBLING LICENSE FOR OUR LADY OF THE LAKE CHURCHt 2385 COMMERCE BLVD. - JULY 24 & 25t (INCREDIBLE FESTIVAL) Ahrens moved and Jensen seconded the following resolution: RESOLUTION #93-59 1993, RESOLUTION APPROVING AN APPLICATION FOR AUTHORIZATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE FOR OUR LADY OF THE LAKE CHURCH, 2385 COMMERCE BLVD. - JULY 24 & 25, 1993, (INCREDIBLE FESTIVAL) The vote was unanimously in favor. Motion carried. 1.9 PERMIT/LICENSE APPROVALS MOTION made by Jessen, seconded by Ahrens to approve the following: Public Dance Permit, Set-Up Permit (waiving the fees) and a Temporary On-Sale Nonintoxicating Malt Liquor Permit for the Mound Volunteer Fire Dept Annual Fish Fry for June 12, 1993; and the following permits for Mound City Days, June 18, 19 a 20, 1993: public dance, carnival, concessions, craft shows, entertainment, fireworks and merchant sales (waiving the fees). The vote was unanimously in favor. 1.10 PAYMENT OF BILLS Motion carried. MOTION made by Smith, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $113,535.65, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Department Head Monthly Reports for April 1993. B. L.M.C.D. Mailings. C. LMC mailing on Annual Conference to be held June 8-11, 1993, St. Cloud Civic Center. If you are interested in attending, please let Fran know ASAP. 113 114 May 11, 1993 May 11, 1993 Do Announcement from AMM on the Annual Meeting scheduled for Wednesday, May 26, 1993, Minnetonka Community Center. Please let Fran know ASAP if you wish to attend. E. REMINDRR= COW Meeting, Tuesday, May 18, 1993, 7:30 P.M. Fe City vehicles were sold at Hennepin County Auction on May 1, 1993. We will receive $17,140 (after expenses $160.00) for four vehicles which included a one ton truck and 3 police vehicles. Ge Memorandum from Bruce Chamberlain, Hoisington Koegler Group, Inc. RE: update of issues on redevelopment of Community Education and Services property using Tax Increment Financing. H. CDBG Program - The First Eighteen Years. PENDIN~ LITIGATION DAKOTA RAIL The City Attorney reported that Judge Fitzgerald has ruled that the City's motion for Summary Judgement was denied. The City also asked to consolidate the condemnation and the other litigation which was also denied. This means the City will have to go forward with two separate lawsuits. The City Attorney also explained that since the Summary Judgement was denied he and probably Mr. Underwood will be deposed. There will be another lawyer involved to try the case. FLACK VS CITY OF MOUND The City Attorney reported that the City Staff and members of his Staff have worked and have accumulated a good deal of information. They are now trying to assemble that and put it in a responsive context to the allegations as raised by the people on Bluebird Lane. He stated he hopes to have a report for the Council in two weeks. MOTION made by Smith, seconded by Jensen to adjourn at 9=45 P.M. The vote was unanimousLv~in favor. Motion carried. '~~~ff~-!S~uk~e, Jr~~c~ Manager t: City Clerk - - 114 BILLS .May 11, 1993 BATCH 3044 Total Bills $113,535.65 $113,535.65