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1993-07-27226 July 27, 1993 HINUTES - HOUND CITY COUNCIL - JULY 27v 1993 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 27, 1993, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Liz Jensen, Phyllis Jessen and Ken Smith. Councilmember Andrea Ahrens was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Building Official Jon Sutherland, Finance Director Gino Businaro and the following interested citizens: Dan Hartman, Ernie Clark, Rosemary & Richard DeGuise, Del Pfeifer, Judy & Bob Hutchins, Ed Schmidt, Tabitha Schmidt, Dorothy & Bill Netka, Julie Lilledahl, Diane Maloney, Jim Bedell, Bob Steiner, Richard & Darlene Sollie, Lewis & Susan Anderson, Dick & Mary McCurdy, and Jody Johnson. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. RECYCLOTTO The Mayor presented Ed Schmidt, 2128 Grandview Blvd. with $200 Westonka Dollars. 1.0 MINUTES MOTION made by Jessen, seconded by Jensen to approve the Minutes of the July 13, 1993, Regular Meeting, as submitted and the July 20, 1993, Committee of the Whole Meeting with the following correction: "They suggested charging at least $1.00 more per tire or SZ.00 per tire." The vote was unanimously in favor. Motion carried. 1.1 BID AWARD: GENERAL OBLIGATION WATER & SEWER REVENUE BONDS - SERIES 1993B 1.2 BID AWARD: GENERAL OBLIGATION BUILDING REFUNDING BONDS - SERIES 1993C Finance Director, Gino Businaro, stated that the bid on the bonds were very favorable. Moodys and Standard & Poors rated them a strong A. Dan Hartman, Springsted, reviewed the winning bids from FBS Investment Services, Inc. The bids were as follows on the $1,350,000 General Obligation Water & Sewer Revenue Bonds, Series 1993B: 226 2Z7 July 27, 1993 Net Interest True Interest Bidder Price Cost Rate PBS Investment Services, Inc. $1,335,150.00 $651,883.75 5.0499% Cronin & Company, Inc. $1,332,585.00 $657,618.75 5.1034% Miller, Johnson & Kuehn, Inc. $1,331,100.00 $657,825.00 5.1055% Dain Bosworth Inc. Dougherty, Dawkins, Strand & Bigelow, Inc. $1,331,105.85 $658,109.15 5.1245% Dean Witter Reynolds, Inc. Painewebber, Inc. $1,331,235.00 $662,036.25 5.1388 % Piper laffray, Inc. $1,333,800.00 $664,568.75 5.1519% Norwcst Investment Services, Inc. $1,331,235.00 $665,167.50 5.1644% Iohn G. Kinnard & Co., Inc. National City Bank $1,331,370.00 $668,985.00 5.1917% The bids were as follows on the $540,000 Building Refunding Bonds, Series 1993C: General Obligation Net Interest True Interest Bidder Price Cost Rate FBS Investment Services, Inc. Miller, Johnson & Kuehn, Inc. Park Investment Corp. Cronin & Company, Inc. Dain Ih)swot*h, Inc. Dougherty, Dawkins, Strand & Bigelow, Inc. $535,680.00 $150,260.00 4,4616 % $535,140.00 $151,120.00 4.4910% $535,140.00 $151,942.50 4.5209% $535,140.00 $153,378.75 4.5572% $535,140.00 $154,275.00 4.5825% Smith moved and Jessen seconded the following resolution: RESOLUTION #93-97 RESOLUTION AWARDING THE SALE OF $1,350,000 GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 1993B; FIXING THEIR FORM /~ND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT The vote was unanimously in favor. Motion carried. Smith moved and Jensen seconded the following resolution: RESOLUTION #93-98 RESOLUTION AWARDING THE SALE OF $540,000 GENERAL OBLIGATION BUILDING REFUNDING BONDS, SERIES 1993C; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT The vote was unanimously in favor. Motion carried. 227 228 July 27, 1993 1.3 CASE NO. 93-023: APPROVAL OF FINAL PLAT FOR BALBOA ADDITION, DAKOTA RAIL, INC. NORTH OF EXISTING BALBOA BUILDING EAST OF FAIRVIEW LANE AND SOUTH OF LYNWOOD BLVD. PID %13-117-24 34 0068 & 0077 AND 13-117-24 43 0144 The Building Official reviewed the proposed final plat resolution. The City Attorney recommended adding A.3. as follows: Park Dedication in the amount of $7,000 based on the appraised value of $70,000 by Hennepin County Assessor, Keith Rennerfeldt. The Council agreed. The City Attorney also stated that the additional Public Hearing on this matter scheduled for August 10, 1993, is not necessary. Jessen moved and Jensen seconded the following resolution: RESOLUTION #93-99 RESOLUTION TO APPROVE A FINAL PLAT FOR "BALBOA ADDITION" INVOLVING LANDS OWNED BY DAKOTA RAIL, INC. LOCATED NORTH OF THE BALBOA BUILDING AT 5300 SHORELINE DRIVE, P & Z CASE #93-023 The vote was unanimously in favor. Motion carried. 1.4 PROPOSED RENTAL HOUSING ORDINANCE The Building Official reviewed actions taken by the Planning Commission at their June 28, 1993, meeting. The Planning Commission did recommend approval of the ordinance as drafted May 18, 1993, and revised July 21, 1993. The following persons spoke against adoption of this ordinance: Jim Bedell, Del Pfeifer, and Dorothy Netka. Their reasons were: There are existing laws that cover all of the regulations in the proposed ordinance. 2. Licensing fees. The Council explained that licensing fees and licenses were dropped from the proposed ordinance a year ago. 228 229 1.5 July 27, 1993 HOTION made by Smith, seconded by Jensen to direct staff to prepare the final draft and summary of the housing maintenance regulations for rental housing and bring it back to the August 10, 1993, Meeting. The vote was unanimously in favor. Motion carried. CASE %93-012: GARY & KATHLEEN SPAULDING, 5335 BAYWOOD SHORES DRIVE, LOT 4, BLOCK 5, REPLAT OF HARRRISON SHORES, PID #13- 117-24 21 0069, VARI]tNCE FOR ADDITION The Building Official explained the request. The Council discussed the 30 foot setback requirement when it is a corner lot. They asked that the Planning Commission look at this requirement. Councilmember Jensen stated she is not comfortable with #2 in the 5th Whereas of the proposed resolutions because it sets to Council up to have to grant other variances. The Council deleted this item. Smith moved and Jensen seconded the following resolution: RESOLUTION %93-100 RESOLUTION TO APPROVE A VARIANCE FOR 5335 BAYWOOD SHORES DRIVE, LOT 4, BLOCK 5, REPLAT OF HARRISON SHORES, PID %13-117-24 21 0069, P & Z CASE %93-012 The vote was unanimously in favor. Motion carried. 1.6 CASE ~93-016: RICHARD & DARLENE SOLLIE, 4936 GLEN ELYN ROAD, LOT 8, BLOCK 23, SHADYWOOD POINT, PID ~13-117-24 11 0083, VARIANCE FOR ADDITION The Building Official explained the request. Rosemary & Richard DeGuise, 4932 Glen Elyn Road were present and spoke about a drainage problem that they currently have from the Sollie property. The Building Official explained that their will be a final grading plan review by the city Engineer and himself before building permit issuance. The Council also discussed the hard cover on the property. They asked that F. be added to item #1 in the proposed resolution. This would read as follows: "F. The area under the existing deck shall remain permeable." The applicant stated that this was acceptable. The Building official stated that since the applicant has revised the request there is no variance required for the east side of the structure. That will be deleted from the proposed resolution. Smith moved and Jessen seconded the following resolution: 229 230 July 27, 1993 RESOLUTION #93-101 RESOLUTION TO APPROVE A VARIANCE TO IMPERVIOUS SURFACE COVERAGE AND A SIDE YARD SETBACK TO ALLOW CONSTRUCTION OF AN ADDITION AT 4936 GLEN ELYN ROAD, LOT 8, BLOCK 23, SHADYWOOD POINT, PID #13-117-24 11 0083, P & Z CASE #93-016 The vote was unanimously in favor. Motion carried. 1.7 CASE ~93-031: JOSEPH & KIMBERLY RASMUSSEN, 5725 SUNSET ROAD, PART OF LOT 68, MOUND ADDITION, PID ~14-117-24 41 0038, VARIANCE FOR GARAGE The Building Official explained the request. Commission recommended approval. The Planning Smith moved and Jessen seconded the following resolution: RESOLUTION #93-102 RESOLUTION TO APPROVE A VARIANCE TO IMPERVIOUS LOT COVERAGE TO ALLOW CONSTRUCTION OF A DETACHED GARAGE AT 5725 SUNSET ROAD, PID #14-1-17-24 41 0038, P & Z CASE #93-031 The vote was unanimously in favor. Motion carried. 1.8 CASE ~93-032: ROBERT & JUDITH HUTCHINS, 3054 BRIGHTON COMMONS, N 1/2 OF LOT 22 AND 23, BLOCK 15, ARDEN, AND TRACT D, RLS 1149t PID ~24-117-24 43 0092t VARIANCE FOR ADDITION The Building Official explained the request. The Planning Commission recommended approval. The Building official explained that the 3rd Whereas should read as follows: "WHEREAS, the existing dwelling is required to have 10 foot side yard setbacks and therefore recognition of a 4 foot variance to the north; and". The Hutchins agreed with the proposed resolution. Smith moved and Jensen seconded the following resolution: RESOLUTION #93-103 RESOLUTION TO APPROVE A VARIANCE TO IMPERVIOUS LOT COVER, AND TO RECOGNIZE NONCONFORMING SIDE Y/~D SETBACKS TO THE PRINCIPAL DWELLING AND A NONCONFORMING SHED TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION AT 3054 BRIGHTON COMMONS, LOT 23 AND THE NORTH 1/2 OF LOT 22, BLOCK 15, ARDEN, AND TI~ACT D, RLS 1149~ PID %24-117-24 43 0092, P & Z CASE #93-032 230 231 July 27, 1993 The vote was unanimously in favor. Motion carried. COMMENTS E SUGGESTIONS FROM CITIZENS PRESENT The Hutchins commented that they have people trespassing on their property to get to the commons and stated they would be in favor of some type of marking to show peOple where the commons begins and ends. 1.9 PAYMENT OF BILLS MOTION made by Jensen, seconded by Jessen to authorize the payment of bills as presented on the pre-llst in the-mount of $118,653.74, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.10 ADD-ON The Mayor explained that he, Councilmember Smith and the City Manager have met with the Mayor, one member of the City Council, and the Administrator in Minnetrista to discuss the possibility of a joint (Mound/Minnetrista) Public Works outdoor storage area being located to the rear of the existing City of Minnetrista City Hall and Public Works Building. There are a number of issues that need to be analyzed, i.e. site design, joint purchasing of materials, sharing of equipment, stormwater management, engineering, administrative and legal. The Mayor asked that the Council authorize the expenditures for engineering, legal and administrative costs associated with the feasibility study. Smith moved and Jensen seconded the following resolution: RESOLUTION %93-104 RESOLUTION DIRECTING THE CITY OF MOUND STAFF TO EXPLORE THE FEASIBILITY OF SHARING A PUBLIC WORKS OUTDOOR STORAGE AREA WITH THE CITY OF MINNETRISTA The vote was unanimously in favor. Motion carried. 1.11 ADD-ON The City Manager explained that the City of Spring Park has asked that the City of Mound adopt a resolution and send it to the LMCD regarding having an alternate representative when the regular board member is unable to attend. Smith moved and Jessen seconded the following resolution: RESOLUTION %93-105 RESOLUTION ALLOWING ALTERNATES VOTING POWER ON LMCD ISSUES 231 232 July 27, 1993 The vote was unanimously in favor. Motion carried. INFOP. MATION/MISCELL~NEOUS ae Financial Report for June 1993 as prepared by Gino Businaro, Finance Director. Be Invitation from LMCD to attend annual public officials lake tour & luncheon to be held Saturday, August 7, 1993, with boarding at Lafayette Club at 11:00 A.M. Please let Fran know by Friday, July 30, 1993, if you want to attend. C. LMCD mailings. Letter dated July 17, 1993, from an owner of rental property in Lakewinds re: Proposed Rental Housing Ordinance. Ee Invitation from Commissioner Emily Ann Staples to attend a summer barbecue at her home. There are three dates available. Please let Fran know if you wish to attend and on what date. F® News Release from the Minnehaha Creek Watershed District re: lakeshore property as it relates to contractors repairing eroded beaches and banks due to the recordbreaking rainfall experienced this year. P G . 2688-2691 G. Planning Commission Minutes of July 12, 1993. EXECUTIVE SESSION The City Council went into Executive Session at 10:05 P.M. to discuss pending litigation with the House of Moy. The Council returned at 10:20 P.M. The City Attorney reviewed the Agreement that has been drafted to dismiss with prejudice, a lawsuit that was filed in Hennepin County District Court (House of Moy v. the City of Mound). MOTION made by Jensen, seconded by Jessen to authorizing the City Attorney to execute a Stipulation of Settlement and Dismissal based on the terms outllned in the Agreement as presented to the City Council. The vote was unanimously in favor. Motion carried. MOTION made by Johnson, seconj~by Jensen to adjourn at 10=25 P.M. The vote was unanimo~l~ ~n favor. Motion carried. Clerk Attest: Cit~ - ~dward J.~h~r., Cit~Manager 232 Sq%I~ PL'g~9'gII$ gLOg HD£¥~ £66I 'LE KInD .....................