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.
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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.
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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:
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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
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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
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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
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