1984-07-24147
July 24, 1984
REGULAR MEETING
OF THE
CITY COUNCIL
The City Council of Mound, Hennepin County, Minnesota, met in regular session on
July 24, 1984, at 7:30 P.M. in the Council Chambers at 5341 Maywood Road, in said
City. Those present were: Mayor Bob Polston, Councilmembers Pinky Charon, Phyllis
Jessen, Gary Paulsen and Russ Peterson. Also present were: City Manager Jon Elam,
City Attorney Curt Pearson, City Engineer John Cameron, City Planner Mark Koegler,
Building Official Jan Bertrand and Acting City Clerk Marjorie Stutsman. Also
present were the following interested persons: Saul Smiley of Smiley, Glotter ~
Associates; Ernie Clark of Miller ~ Schroeder, Inc.; Eldo Schmidt, James E. Regan
and Don Ulrick of the HRA Board.; George C. Shepherd, Mr. ~ Mrs. Jess Andersen, Mr.
and Mrs. Vernon P. Andersen, Mike Mueller, Betty Mueller, Betty Sabin, Charlotte
Sohns, Tom Sabin, Sandy ~ Paule Busche, John C. Hill, Gary R. Dostal, Harlan Brue,
Randy Schufman, Dennis Heckes, Steve Smith, Harold Pellett, Rock Lindlan, Willard
Hillier, Myrtle Hillier, Doug Stark, Jay Gunderson, Frank W. Hancuch, John Bierbaum,
Dr. C. V. Carlson, William Peglow, Chris Johnson, Diane Theis, Shirley Romness, Dr.
Kenneth Romness, Jerry Petersen, Pat Furlong, Dr. Byron H. Petersen, Brad Patterson,
Steven Shannon, Joan Nelson and Larry Connolly.
Mayor Polston opened the meeting and welcomed the people in attendance.
MINUTES
The minutes of the July 10, 1984 Regular Meeting were presented for consideration.
Paulsen moved and Charon seconded a motion to approve the minutes of the
July 10, 1984 Regular Meeting as presented. The vote was unanimously in
favor. Motion carried.
The minutes of the July 12, 1984 Special Meeting were presented for consideration.
Jessen moved and Charon seconded a motion to approve the minutes of the
July 12, 1984 Special Meeting as presented. The vote was unanimously in
favor.' Motion carried.
PUBLIC HEARING: ON THE TOWN .SQUARE PROJECT, THE PROPOSED DEVELOPMENT PROGRAM, AND
THE TAX INCREMENT FINANCING PLAN
The presentation was made by Saul Smiley, Architect; Mark Koegler, City Planner;
and Ernie Clark of Miller ~ Schroeder, Inc.
Mr. Smiley explained that the request was for the acquisition of the property identi-
fied today as Town Square; it is that property bordered by Commerce Boulevard,
Church Road, Lynwood Boulevard on the South and a line short of .Fern Lane. Es-
sentially request is that a tax increment finance. district be considered for the
purpose of making possible acquisition of a unified site for Town Square which is
to be the center of shops, Doctors Clinic, bank and offices. This project has pro-
gressed to a point where the Mound Clinic, the Mound State Bank, Thrifty Drug and
other local business people have spoken for space in the center. Roughly it will
be about 55,000 square feet and consist of that in the spaces he's identified and
some office space. Smiley ran through the site plan and the contemplated use for
the site as well as identif;~ing the parcels to be acquired. He reviewed that the
purpose of the Tax Increment Financing District makes possible cleared property
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July 24, 1884
which might otherwise be very difficult to come by or to acquire in its entirety
and were that the case, there would. not be the opportunity to develop the center
as now being proposed. It gives the opportunity to. develop a total center and to
proceed with the plan. as has been set out for the Community. They have followed
the business development plan by the way of development of the property itself--
landscaping and setbacks. Hopefully it may also serve as the catalyst that per-
haps is necessary to the Community to get the redevelopment of the commercial area
underway. He explained they are acquiring approximately 3~ acres and the Bank will
be more, or less an island toward Commerce Boulevard with parking surrounding it
with the Clinic to the North, shops in the center and the Thrifty Drug anchoring
the southern portion of the center; to the rear,. the service drive goes all the way
through the site and in front of the shops, another drive goes from Church through
to Lynwood. The Bank has its own drive-in which is served off of Commerce and exits
back. onto Commerce or the cars can drive through and park in the center. The site
is rather heavily landscaped with the intent of following the plan the. City has set
out and hopefully this will remove it from the conventional centers as we know them
that are a sea of asphalt and parked cars. This will act as a buffer and really
enhance the total. center and screen the traffic.
Charon stated the Planning Commission had question on the service road and asked if
any change had been made. Smiley responded that the setback to the service road had
been widened to get the retaining wall. further away by the abutting property; they
will probably taper down to the service road which has been moved forward. Aldo
he stated they do have parking for about 200 .cars and.-they are utilizing compact
parking as part of the allowance in the parking count.
Planner Mark Koegler stated that in the Council packet were really two reports in
one: the development program and the tax increment financing plan. He explained
the development program really deals with the physical aspects of the redevelopment
project itself and many of those details, Saul. has covered. One thing necessary
strictly from the Planning and Zoning standpoint, would be the rezoning of a small
parcel of land in the Northeast. sector of this site changing the zoning from R-3
to B-1 District. This would have to go through the normal process for rezoning--
through the Planning Commission and Council with the appropriate public hearing.
He stated the district objectives were established and reviewed by the HRA. Basically
the overall goal was to strengthen the existing business base, to redevelop sub-
standard anal inefficient areas and attract new business to the Community.
Site plan itself allows for clearance of buildings within the district; as you are
well aware there are several commercial uses operating right now, 2 residential
structures, the old Tonka garage facility--all those under this proposal would be
acquired, razed and the land made available for construction of the new facilities.
The City's involvement would include costs for 1) property acquisition, 2) re-
location expenses and 3) to cover administration and legal-expenses. The developer
would be responsible for all construction of the new center as proposed in accord-
ance with guidelines and approvals enacted 6y the City. In looking at the cost
projections for what this new facility wilt run, the City can conservatively use
the numbers accepted by Hennepin County shown on Figure 10 of $45 per square foot
for commercial construction. In all likelihood, costs are going to be higher.
Current assessed value of the property within the boundaries is $205,268.
The second half of this report deals more with the Tax Increment Finance plan it-
self. I should indicate all components are strictly specified within the State
Statutes. Again, the Tax Increment Finance Plan was proposed to address the fact
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July 24, 1984
that this has been an attempt to strengthen existing business base through re-
deveiopment of substandard areas and to try to attract new businesses. We are
projecting the total cost of land purchased, relocation and miscellaneous ex-
penses and administrative and legal expenses of clearing the land .would be
about $1,120,900.
Paulsen asked the Planner, Mark Koeg.ter, to review the points of the legal
notice. After which, Koegler introduced Ernie Clark of Miller and Schroeder,
Inc.
Ernie Clark stated that he has worked with. Mark Koegler and Saul Smiley ex-
changing information relative to this project. The project cost is shown in
Figure 12 of the Tax Increment Analysis,. as approximately $1,125,000 with two
years of capitalized interest of $250,000 making a total of $1,375,000 of Tax
Increment Bonds that would be required.. The tax increments will provide the
revenues required to pay the principal and interest on the bonds. He explained
it's going to be 1986 before the City is_going to receive any of the estimated
tax increments.- In the meantime when. you sell bonds, you have to pay interest;
these bond payments will come from the capitalized interest. Mr. Clark then
pointed out the debt .service requirements, the estimated tax increments avail-
able, the capitalized interest costs and the. projected tax increment revenues.
The first principal payment would not be made until 1987.
Mr. Clark started his analysis with an assessed valuation of $:1,052,000 and
added in an inflation factor of only 4~: Based on 105q of the starting assessed
valuation, the Town Square will need $35,00.0 a year in supplemental land pay-
ments to pay off the interest and. principal of the tax increment-bonds.- When
that $35,000 comes in, then you're going to make an additional 40 or 50,000
dollars in investment funds before expenses come- against it. The interest
rate used has been g 3/4q: He stated that the bonds should be able to be paid
off by January 1, 2003.
The Mayor summarized that as he understands it, the projection will work without
the use of any Municipal or City funding. Clark stated this should carry it's
own; he's sure it will not require the HRA to levy any mills on the City. He
has worked with various cities and they've all worked---needs to be planned
properly.
The Mayor introduced the three HRA members that were present (there are 5 members
on .the HRA Board): Jim Regan, Eldo Schmidt and Don Ulr.ick and thanked them for
the time they have directed and given to this project.
The Mayor then asked the City Attorney prior to opening the public hearing to
talk about the technical financing requirements as a whole, what the rote of the
HRA is and what the role of the Council is, etc.
The City Attorney, Curt Pearson, stated the reason he smiled when Ernie Clark
indicated the plan's going to be amended was because the plan does indeed in-
clude a deficit for many years. That deficit was handled through a footnote
which indicated they were to be absorbed by the developer or through increased
land payments. Mr. Clark indicated. that in the area of finance analysis, the
sum of $28,250 a year should be increased to $35,000 per year; so when you get
to that phase, that section of the plan should be amended to meet the numbers
indicated.
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July 24, 1984
Pearson explained that it should be emphasized to the people that the process
the Council is going through tonight is for a housing redevelopment project.
The City Council is acting only from a standpoint of reviewing what the HRA
has recommended to them. It started there and will be implemented by the HRA.
The plans that are before the. Council tonight have been transmitted to the
local school district and the County Commission to ascertain what kind of
effect the loss of these taxing revenues will have on the other taxing districts.
This is an opportunity for the public to ask any questions they may have be-
cause the bonds which are going to be issued, if the Council and the HRA go
ahead with this, will be G.O. bonds which means that everybody in the City of
Mound, for all intent and purposes, will be guaranteeing those bonds and if
there is a deficit of an.y kind in the future, there will have to be a tax levy.
There are some questions that I think the Council and the HRA will have to ask
of the people who. are doing the developing. They are: "What entity will we be
dealing with? Who will the City deal with when we talk about a developer?
Who will sign the developer's agreement? Who will the City sell the land?
Who is going to guarantee the tax increments so, if you take 19 X $35,000,
then there should be no deficits for the taxpayers of Mound to pick up?" He
stated those are all crucial questions that have been raised both by the City
Council and the HRA.
The City Attorney had no other comments other than to say if the Council approves
the plan tonight and sends it back to the HRA, the-#1RA will then determine how
they will implement it. That will probably mean that the first thing would be
to sit down with the land owners and developers and come to a developer's agree-
ment. The last one his firm drafted was extremely-long and complex to protect
the interests of both parties. and the public and the guarantees have to be built
in. At that point when you have an agreement with somebody to resell the land,
you can then start negotiating with the property owners to acquire the land and
pay the relocation benefits. He emphasized to both the HRA members and the City
Council that if we can't acquire through negotiations the property and if we have
to condemn, then the estimates of what those costs are, could vary rather dra-
matically. Thinks it is important to build into any agreement costs which a
Commission might award. The City basically is only going to project this
$1;125,000 plus the capitalized interest,. talking about a bond issue of $1,375,
OOO.,so if we can't do the job within those numbers, we're going to have to have
some. kind of support in the agreement to pick up costs over that.
The Mayor opened the public hearing. The following persons responded with com-
ments in favor or against:
Betty Sabin, 5540 Lynwood - Against the project. There are 6 related adults
living in the house who don't want to have to move. They rent from Mr. Rickman
and don't see where they're going to find another house that cheap ($250 a month).
The City Attorney advised that they would be entitled to relocation benefits if
and when the HRA takes the property and it is the responsibility of the HRA to
pay reasonable expenses for up to 4 years for suitable housing. This is under
State and Federal Statutes. Mrs. Sabin stated they were not notified of this
meeting.. The Mayor advised that the notice was published.
Ken Romness of the Mound Medical Clinic - wanted to go on record personally and
for the employees of Clinic that they were highly in favor; have worked for this fa
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well over two years; area is deterioting and they are very anxious to build a new
clinic..
Pat Furlong, 5044 Edgewater Drive, has lived in Mound 18 years. All for project.
Stated whatever we can do for Mound, shops in Mound, proud of the School and area,
Pond arena - all big plus for Mound., Can't help but believe if this goes through,
the buildings that are vacated, shifts will be thinking of development out to Mound.
100q in favor. On the question of tax increment, even if it did cost, I'd pay it.
Edgewater Drive was such a dump street, I didn't care how much it cost to improve,
I'm glad to pay it. The Island is so nice compared to what it looked like years
ago.
Mike Mueller, Mueller Pharmacy ~ somewhat involved with Tom Thumb - He supports the
project.
Sandy Busche, 5541 Church Road, had question .about who would be buying the property
if a resident didn't go for what they were offered. If condemned, is it the City
of Mound with right of eminent domain or the HRA that is buying it? The City Attorney
stated that if property is condemned, owner would be entitled to whatever damages
there are for the loss of the property, she is also entitled to relocation benefits.
Actually,~~HRA would :egotiate with her on property. The City Manager explained
her options to have property re-evaluated by independent appraiser if not satisfied
with the valuation of property.
Willard Hilliard, Canary Lane, believes this is one opportunity we should not let
slip through our hands to make Mound a more viable shopping community - whole hearted-
ly in favor of project.
Mr. Sabin stated he didn't understand why so much in favor of Town project when there
is no employment in town. Stated Tonka's gone and next April, Advance is leaving
Spring Park. Questioned why City interested in putting up millions of taxpayers' money
when what we should be concerned about is employment in this town. He travels to
St. Paul by bus in order to secure employment. Rather have job here.
The Mayor responded that City is equally concerned about employment in the area;
very interested in economic development; but can't guarantee success. The City
Manager asked Doug Stark number of Thrifty Drug employees - 18, Mound Clinic. employs
30, .also Bank employs 30.
Steve Smith directed two questions to Mr. Clark: 1) Of those towns you listed
you were involved with in tax increment programs, were there any programs where
you had to go to the public trough? and 2) What are the scenarios that could arise
in Mound where you'd have to go to the public trough?
Ernie Clark responded that if you don't set up a tax increment district, etc. like
we're doing here tonight, it's doomed from the beginning. He stated that there
has never been a call on anybody to pay the taxes that he or his Company has been
involved in. He stated there's always a scenario--there is possibility fora dis-
aster that nobody can foresee; in that case, he didn't know what would happen.
Dr. Byron Petersen stated he's officed in Mound the past 31 years and invested
heavily in his location, but he's not a building owner. He is in favor of the
Town Square project; feelsit would be a good thing for Mound, its citizens and
the business community. He has been assured by a representative of the City that
he would be properly compensated and by a representative of the Bank that he would
be able to purchase one of the buildings at a fair price. Based on this, he whole-
heartedly supports this project.
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July 24, 1984
Doug Stark of Thrifty Drug Store wanted to go on record as supporting the project.
There being no more comments offered, the Mayor closed the public hearing. The City
Attorney had prepared two resolut-ions.
Paulsen moved and Peterson seconded the following resolution:
RESOLUTION # 84-107 A RESOLUTION TO DESIGNATE AND ESTABLISH A REDEVELOPMENT
DISTRICT N0. 1 PURSUANT TO THE PROVISIONS OF SECTIONS
462.411 TO 462.585, INCLUSIVE, AND SECTION 273.73, SUB-
° DIVISION 10, OF THE MINNESOTA STATUTES AND TO ESTABLISH
A TAX INCREMENT DISTRICT PURSUANT TO THE PROVISIONS OF
SECTION 273.71 TO 273.78, INCLUSIVE, OF THE MINNESOTA
STATUTES (CHAPTER 322, LAWS OF MINNESOTA 1979) AND
ADOPTING A REDEVELOPMENT PROGRAM AND FINANCE PLAN FOPS
SAID REDEVELOPMENT AND TAX INCREMENT FINANCE DISTRICT
The roll call vote was unanimously in favor. Motior, carried.
Charon moved and Jessen seconded the following resolution:
RESOLUTION # 84-108 A RESOLUTION REQUESTING THE COUNTY AUDITOR TO CERTIFY
THE ORIGINAL ASSESSED VALUE OF THE REAL PROPERTY WITHIN
THE BOUNDARY OF THE MOUND JAX INCREMENT FINANCING
REDEVELOPMENT DISTRICT
The roll call vote was unanimously in favor. Motion carried.
AMENDMENT TO CITY CODE CHANGING~FENCE ORDINANCE AND MAKING IT PART OF SECTION 23,
anti ~ Nr. rnnF
The Building Official explained the old ordinance had poor examples of exhibits
and diagrams and there were certain inadequacies; also wanted it to be integrated
into the Zoning Code. The Planner reviewed minor changes: In new ordinance, a
front yard fence may be 48 inches high; defines fences off of a retaining wall;.
ordinance does specifically permit wooden or chain link fences and does define what
a wooden fence is. Clause 7 makes it easier because interior fences under 72 inches
in height may be constructed without getting a permit. Building permits are required
because it was determined it was only way to have reasonable control; the Planning
Commission suggested a flat fee for fence permits be set up by the Council. The
Planner stated the intent of the old ordinance is still within the framework of the
new one. Jessen questioned if barbed wire is allowed in commercial. Commercial
district should be added to Section 23.415(2) allowing barbed wire in industrial
or commercial district.
The Mayor opened the public hearing on the proposed fence ordinance. No one present
had any comments or suggestions. The Mayor closed the public hearing.
Paulsen moved and Jessen seconded the following:
ORDINANCE # 465 AN ORDINANCE CHANGING THE FENCE ORDINANCE AND ADDING
ORDINANCE AS SECTION 23.415 ENTITLED "FENCES"; REPEALING
CERTAIN CITY ORDINANCES, SECTIONS 23.407(6) AND 55.17
The vote was unanimously in favor. Motion carried.
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July 24, 1984
AMENDMENT TO SECTION 32.04 OF THE CITY CODE RELATING TO LICENSE FEES
The City Manager explained the proposed change is to move the expiration date for
3.2 beer licenses from April 30 to June 30 to coincide with other liquor license
dates.
Charon moved and Peterson seconded the following:
ORDINANCE # 466 AN ORDINANCE AMENDING SECTION 32.04 OF THE CITY CODE
RELATING TO LICENSE FEES
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: ON REALLOCATING $3,000 OF YEAR IX AND $3,656 OF YEAR X COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO ALLOW FOR REPAIRS AND INSTALLATION OF WATER AND
SEWER
The Mayor opened the public hearing and asked if there was anyone here that wished
to speak in favor or against the reallocating, hearing none, he closed the public
hearing.
Charon moved and Paulsen seconded the following resolution:
RESOLUTION # 84-109 RESOLUTION REALLOCATING YEAR IX AND X MOUND/URBAN HENNE-
PIN COUNTY COMMUNITY DEVELQPMENT FUNDS
The vote was unanimously in favor. Motion carried.
COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if any of the citizens present would-like to address the Council.
No one responded.
CASE #84-327: WESTONKA AUTO BODY (BRAD PETERSON), 4839 SHORELINE BOULEVARD, LOTS
15, 1 ~ 17, BLOCK 1, SHIRLEY HILLS UNIT "A". SIGN PERMIT OVER 9
SQUARE FEET IN AREA
The City Manager explained that the Planning Commission has approved the application
of the Westonka Auto Body to install a sign on private property that abutting Bart-
lett Boulevard on a 8 foot pole, 4 foot by 8 foot sign, so that it is not more than
18 inches over the right-of-way. This is a substitute for his requested portable
sign.
Charon moved and Jessen seconded the following resolution:
RESOLUTION # 84-1i0 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOM-
MENDATION TO APPROVE A SIGN VARIANCE FOR WE$TONKA AUTO
BODY - BRAD PATTERSON - PID #13-117-24 44 0015
The vote was unanimously in favor. Motion carried.
CASE #84-341: DENNIS HECKES, 3225 TUXEDO BOULEVARD, LOTS 1 & 2, N. 2 FT. OF
LOT l7, BLOCK 13, WHIPPLE, 22 FOOT FRONT YARD VARIANCE
The Building Official stated that the Planning Commission revised the request
154
July 24, 1984
on the site plan, the 19 foot addit-ion was reduced to 14 feet by 24 feet; would
project to within 13 feet of the North lot line; the Planning Commission also
recommended that he get the signature of the duplex owner to the West. He has
gotten that signature. The City Manager stated he would be constructing a single
car 2 story garage.
Peterson moved and Paulsen seconded .the following resolution:
RESOLUTION # 84-111 RESOLUTION TO APPROVE A 7 FOOT FRONT YARD VARIANCE FOR
LOTS 1 AND 2 AND THE NORTH 2 FEET OF LOT 17, BLOCK 13,
• WHIPPLE - PID #25-117-24 21 0140
The vote was unanimously in favor. Motion carried.
CASE #84-342: DAVID J. BABLER, 4844 BARTLETT BOULEVARD, LOTS 12, 13, PART OF
LOTS 1 ~ 15. BLOCK 1_ SHIRLEY HILLS UNIT "A" - SIGN VARIANCE PERMIT
The City Manager explained that Mr. Babler hired an artist to paint sign on side of
building, not realizing that the new ordinance which is not yet in effect, requires
sign to be painted on a board; the Planning Commission talked about this and agreed to
approve the permit for a period of up to 5 years or if the sign becomes in a state
of disrepair. Felt it was a hardship to make him repaint the signs.
Charon moved and Peterson seconded the.foilowing resolution:
RESOLUTION # 84-112 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDA-
TION TO APPROVE A SIGN VARIANCE FOR DAVID J. BABLER-BABLER
~ SONS .AUTO BODY - PID #13-117-24 44.0017
The vote was unanimously in favor. Motion carried.
The City Manager explained that basically they wanted to construct an 84 inch fence
to be used to enclose their air conditioning equipment for security with 3 strands
of barbed wire on top. The air conditioning unit is to keep the digital- equipment
cool. They want to make sure the equipment within the fence is not tampered with.
Peterson moved and Jessen seconded the following resolution:
RESOLUTION # 84-113 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDA-
TION TO APPROVE A FENCE HEIGHT AND TYPE VARIANCE FOR CONTEL
OF MINNESOTA, 2462-2468 COMMERCE BOULEVARD, PID # 23-117-24
11 0004
The vote was unanimously in favor. Motion carried.
CASE #84-345: STEVEN SHANNON, 5162 EMERALD DRIVE, LOT 5, BLOCK 3, SHIRLEY HILLS
UNIT "C" . RECOGNIZE EXISTING NONCONFORMING GARAGE, 22. FOOT VARIANCE
The City Manager explained that this is an application to recognize an existing
nonconforming garage; this garage itself sits on Wilshire and penetrates the right-
of-way by 2.4 feet. No variance is required for the new garage. The Planning
Commission approved allowing construction of the new conforming garage, recognizing
CASE #84-343:- RANDY SCHUFMAN OF CONTEL OF MINNESOTA, 2462-2468 COMMERCE BOULEVARD
LOTS 20. 21 ~ 22, AUDITOR'S SUBDIVISION 1 7, FENCE HEIGHT AND TYPE
155
July 24, 1984
the nonconforming lot, if the applicant agrees to remove the encroachment of the
existing garage. Charon stated that last night at the Planning Commission meeting
they wanted the chip board. structure removed also.
Charon moved and Peterson seconded .the following resolution:
RESOLUTION # 84-114 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOM-
MENDATION TO RECOGNIZE AN EXISTING NON-CONFORMING ACCESSORY
BUILDING AND LOT INCLUDING REMOVAL OF THE CHIP BOARD STRUC-
TURE FOR LOT S, BLOCK 3, SHIRLEY HILLS UNIT C - PID #
° 24-117-24 13 0023
Jessen explained that he does have a hardship because he doesn't have a basement
for any storage.
The vote was unanimous}y in favor. Motion carried.
PUBLIC HEARING: DELINQUENT UTILITY BELLS - JULY
The Mayor opened the public hearing on July Delinquent Utility Bills and asked if
there was anyone present who wanted to speak regarding the delinquent utility bills.
John Hill who lives on Bluebird Lane on Three Points stated he owns a rental prop-
erty on Dorchester. His problem is that in February,_.9f this year he received a
bill ,for 159,000 gallons of water. Since then, the usage has been 11,000 to 15,000
average. The next month the usage-was back to 18,000 gallons; he's talked to the
Water Department and can't understand how high usage occurred.
The City Manager stated the Water Department was called out and there were a number
of serious leaks. The tenant had a plumber fix those leaks and the water usage re-
turned to its present level. He doesn't know why the owner didn't know about the
plumber. The meter was not malfunctioning.
The Mayor stated that fo.r the Council to arbitrarily adjust a bill is unfair to the
other users.
There were no other persons who wished to be heard; the Mayor closed the public
hearing.
Jessen moved and Peterson seconded. the following resolution:
RESOLUTION # 84-115 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE
AMOUNT OF $6476.00 AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE FOR THOSE ACCOUNTS DELINQUENT OVER 6 MONTHS
The vote was unanimously in favor. Motion carried.
REVIEW AND APPROVAL OF REALIGNMENT OF LYNWOOD.BOULEVARD RIGHT-OF-WAY MAP TO BE
SUBMITTED TO MN. DOT FOR REVIEW AND APPROVAL
City Engineer John Cameron explained that the plan he was showing was basically
the same plan as he's presented previously on smaller scale; drawn it up to the
standard the State requires. Gray is proposed street; red is the 3 parcels to
be acquired to meet the 60 foot right-of-way and alignment State requires. The
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July 24, 1984
dark green areas are the remaining right-of-way within the 60 feet that would not
be built upon. Light green areas are City owned parcels not required in new align-
ment. There are existing utilities in a part of Lynwood Boulevard and he believes
these end up in the green area of Town Square, so that would work out fine. He
stated that if the City intends to assess any of it, assessment policies would have
to be worked out and public hearings held. If all is to be paid out of State Aid
Funds and none assessed, as he understands it, the City doesn't need to hold a
public hearing on it. He reviewed the monies that City presently had and what
they are expecting to get less bond payment; would give .City approximately $251,000
to use for financing project. Preliminary estimate is for $213,000. Depending
on acquisition costs, looks like it would be real close. Once this alignment is
approved by the State, it can't be changed. Acquisition can start once approved;
but that could take 6-8 months. He reviewed what would need to be acquired. Side-
walk can be decided before final construction.
Charon asked about installing flashing lights. Cameron stated the State does not
have any projected costs for mechanical devices and he doubts that they would pay
for any since its not in their projected costs. Jessen thinks we should have for
safety.
The Mayor asked the Planner about the possibility of tieing the Town Square and
the realignment of Lynwood Boulevard together. Mark responded that they were on
record at this time as being concerned with Phase 1. They are aware of the Lyn-
wood realignment proposal. John stated it looks like they have incorporated the
realignment in their proposal. ^-
Peterson moved and Jessen seconded the following resolution:
RESOLUTION # 84-116. RESOLUTION APPROVING THE REALIGNMENT OF LYNWOOD BOULEVARD
RIGHT-OF-WAY PLAN TO BE SUBMITTED TO MN./DOT FOR REVIEW
AND APPROVAL
The vote was unanimously in favor. Motion carried.
REQUEST FOR EXTENSION ON FINAL PLAT OF LANGDON'S LANDING AND AMEND RESOLUTION
# 3-
Charon moved and Peterson seconded the following resolution:
RESOLUTION # 84-117 RESOLUTION GRANTING ONE YEAR EXTENSION ON FINAL PLAT
OF LANGDON'S LANDING AND AMENDING RESOLUTION # 83-44
The vote was unanimously in favor. Motion carried.
PAYMENT REQUEST: A ~ K CONSTRUCTION FOR $4,600.00 FOR WORK PERFORMED ON CITY
BOOSTER PUMP STATION
Peterson moved and Jessen seconded a motion approving the payment
request of A ~ K Construction, Inc. for work performed on City
Booster Pump Station in the amount of $4,600.00. The vote was
unanimously in favor. Motion carried.
PUBLIC DANCE PERMIT - OUR LADY OF THE LAKE - AUGUST 4, 1984
Peterson moved and Charon seconded a motion to approve a public dance
permit for Our Lady of the Lake Church for August 4, 1984. The vote
was unanimously in favor. Motion carried.
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July 24, 1984
APPROVAL AND AUTHORIZE MAYOR AND-CITY MANAGER TO SIGN SHORT-TERM CONTRACT FOR
SERVICES WITH JOHN TAFFE FOR WORK IN THE PARK DEPARTMENT
The City Manager explained that John Taffe is an older. gentleman that Chris has
hired for the rest of the summer to carry over from July 1 to the fall to help
take down picnic tables, etc. By contracting, get out of deductions, etc. He's
on Social Security and can make only limited amount. Termination should read
October 31, 1984.
Charon moved and Jensen seconded a motion to approve and authorize the
Mayor and City Manager to enter into a short-term contract for services
with John Taffe for work in the Park Department. The vote was unanimously
in favor. Motion carried.
APPOINTMENT OF A CITY REPRESENTATIVE TO HENNEPIN COUNTY WASTE DISPOSAL ADVISORY
COMMITTEE
Polston moved and. Peterson seconded a motion to appoint Phyllis Jensen
as Representative to the Hennepin County Waste Disposal Advisory Com-
mittee and Pinky Charon as the alternate. The vote was unanimously in
favor. Motion carried.
REQUEST FOR SHORT-TERM SET-UP LICENSE AND
RESERVES FOR SEPTEMBER 21 AND 22, 19
;.2 BEER LICENSE FOR MOUND POLICE
Charon moved and Jensen seconded a motion to approve a short-term set-up
license and 3.2 beer license for_the Mound Police Reserve. Fund Raiser at
the Pond Arena for September 21 and 22, 1984. The vote was unanimously
in favor. Motion carried.
ARTICLE ON SIDEWALK REPAIRS
The City Manager explained that he included this article for discussion because
it raised some interesting ideas for concern. He stated there were some sidewalks
in Mound that need repair and he questioned whether .you want to develop a policy
like this. City Attorney advised -that you should move quickly to repair poor side-
walks. The City Manager will come back with a report on sidewalk policy.
PAYMENT OF BILLS
The bills were presented for consideration.
Charon moved and Peterson seconded a motion to approve the payment of
bills as presented on the pre-list in the amount of $45,062.61, when
funds are available. A roll call vote was taken. All voted in favor.
Motion carried.
BIDS FOR SALE OF $250 000. G.O. BONDS CONSISTING OF $150,000. G.O. IMPROVEMENT
BONDS OF 19 AND $100,000. G. 0. FIRE CERTICATES OF INDEBTEDNESS
The City Manager explained that the Council had a copy of the Offering Statement
for $250,000 General Obligation Bonds in their packet. The two bond issues are
the reworking of the bonds for the street lights up town and the fire truck. The
City Attorney passed out the bids that were received. Seven bids were received.
158
July 24, 1984
The Mayor announced that the next order of business .would be the consideration of
bids for the purchase of $250,000 General Obligation Bonds consisting of $150,000
General Obligation Improvement Bonds of 1984 and $100,000 General Obligation Fire
Certificates of Indebtedness of 1984 based upon the request for proposals.
The City Clerk then presented the proposals which had been delivered to her prior
to the time specified in the notice of request for proposals and said bids had
been opened, examined and found to be as follows:
Piper-Jaffrey-Hopwood, Inc.
F ~ M Marquette National Bank
M. H. Novick ~ Company, Inc.
Allison-Williams
Juran ~ Moody, Inc.
Moore, Juran ~ Company, Inc.
American National Bank ~ Trust Co.
of St. Paul
Total Interest Cost Average
Rate
$tO1,g40.65 9.0613
101,830.00 9.0515
102,137.50 9.07889
106,437.50 9.4611
102,807.50 9.1384
99,727.50 8.8646
98.,;10.00 8.7564
After due .consideration of said bids, Councilmember Charon introduced the following
resolution and moved its adoption; Councilmember Peterson seconded Lhe resolution:
RESOLUTION # 84-118 RESOLUTION AWARDING THE SRtE OF $150,000 GENERAL OBLI-
GATION IMPROVEMENT BONDS OF 1984; FIXING THEIR FORM AND
SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT - AWARD WILL BE WITH
THE-AMERICAN NATIONAL BANK ~ TRUST COMPANY OF ST. PAUL
The vote was unanimously in favor. Motion Carried.
Councilmember Jessen moved and Councilmember Charon seconded the following resolution:
RESOLUTION # 84-119 RESOLUTION AWARDING THE SALE OF $100,000 GENERAL OBLI-
GATION FIRE CERTIFICATES OF INDEBTEDNESS OF 1984; FIXING
THEIR FORM AND SPECIFICATIONS: DIRECTING THEIR EXECUTION
AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT - AWARD
WILL BE WITH THE AMERICAN NATIONAL BANK ~ TRUST COMPANY
OF ST. PAUL.
The vote was unanimously in favor. Motion carried.
LETTER FROM DEPARTMENT OF TRANSPORTATION
The City Manager explained that letter states they plan to move the Three Points
Boulevard sign and place it at Balsam Road. Letter talks about installation costs
of flashing amber light which would have to be paid by the community. City Manager
will be glad to explore getting private bid. He also noted he had had installed speed
limits on the pavement as a way to remind people of that limit.
INFORMATION/MISCELLANEOUS
A. Update Material on City Recycling Task Force
B. Letter of Thanks from Gaylen Thostenson
159
July 24, 1984
C. Proposed Ordinance. on Land Reclamation .Earth Materials - City Manager
reported on the land fill Toni 1JanDerSteeg.has; over 500,000 yards of debris.
including road materials from the improvement of County Road 110 have been
hauled onto this site. Do we want an ordinance on our books to cover that
issue? DNR requires a permit. Discussed erosion control.
D. Desyl Peterson's Resignation Letter -.The City Manager stated that presently
Popham & Haik have the man that. was Desy.l's assistant handling our case load.
He has only a year or so experience. The City Manager reported that he had
talked with Minnetrista and St. Bon i•. and they seemed .interested in continuing
sharing a prosecuting attorney and he solicitated resumes from attorneys for
Prosecutor. After that, M.innetri~sta decided to perhaps-stay with Popham ~
Haik (will decide at their August 6th meeting). He has received perhaps a
dozen resumes and .asked the Council how they wanted to proceed; i.e. share
attorney with one or more other communities and when to set up interviews, etc.
The Mayor would like to change to more experienced attorney right away and
suggested asking Jim Larson to handle case load on an interim basis and then
contact other communities to see if they want to be involved.
Charon moved and Peterson seconded a motion to hire Jim Larson as
prosecuting attorney on an interim basis. The vote was unanimously
in favor. Motion carried.
E. Commercial Dock Inspection Report -=
F. Springsted, Inc. Newsletter
G. Publi"c Financial Systems Newsletter
H. Letter of thanks - Mayor of Golden Valley
I. American Legion Post #398 Gambling Report
J. Changes in Gambling Laws .Passed in 1984 Legislature
K. LMCD Financial .Report thru June 30th and Invitation for Public Tour August 4,
1984, 11:30 A.M. - "Our Lady of the Lake" boat.
L. AMM Letter of Thanks
M. Elected Officials Salary Survey - 1984
N. Note from Contel on New Access Charges
0. Material from Hennepin County Relating to the Creation of a New Community
Action Agency
P. 1984 Tax Reform Act - Provisions of Interest to Cities
Q. Comparable Worth Status Report - LMC
R. Met Council Review - June 29th
S. LMC Region Meeting Schedule
160
July 24, 1984
T. LMCD Regulations of Ultra-Light Aircraft
U. Announcement of Meetings with Metropolitan Parks ~ Open Space Commission - RE:
Region Park Planning and Development
V. "Express Notes" - West Metro Coordinated Transportation
W. Letters from Mr. ~ Mrs. Vernon Paine
X. MTC Annual Report for 1983
Y. Letter RE: Hazardous Site from Congressman Sikorski
Z. Letter from Minnetrista - RE: Conditional Use Permit
AA. Population Projection for Hennepin County
66. Report on Hennepin County Solid Waste Disposal
CC. Report on Regional Transit Board Transition Task Force
Paulsen moved and Peterson seconded a motion to adjourn at 10:30 P.M.
The vote was unanimously in favor. Motion carried.
~~~
J n Elam, City Manager
1J,Y,.C~K~. ~ . ~ !~
Attest: Acting City Clerk
BILLS-----JULY 24, 1984
Anthony's Floral 84.24
A ~ K Construction 4,600.00
Acro-MN 148.64
Earl F Andersen 183.45
Blackowiak ~ Son 56.00
Borchert-Ingersoll 16.15
Holly Bostrom 144.00
Victor Carlson ~ Sons 9,465.00
Cromer Management 490.00
Contel 1,397.94
Don's Sod 28.70
Davies Water Equip 120.49
Jon Elam 44.46
Fresh Water Restoration 770.00
John Henry Foster 203.40
Hennepin County 1,118.25
Hennepin County 8.41
Eugene Hickok ~ Assoc 1,815.41
Human Resource Consult. 80.00
Hoffman Shoe Repair 6.00
Hecksel Machine Shop 75.19
Heiman Fire Equip 282.25
Thomas Jacobs 81.25
Kromer Co. 56.25
Kool Kube Ice 289.20
Lyman Lumbf~r 25.00
Long Lake T ire Barn 66.25
Long Lake Ford 105.89
LOGIS 2,225.10
MN Dept Public Safety 40.00
McCombs Knutson 1,381.00
MN Munic Liq Stores Assn 125.00
Mpls Oxygen Co. 36.27
MN Fire Inc 58.09
Minnegasco 6.00
Mound Super Valu 133.98
Mound Medical Clinic 230.00
Northern States Power 4,955.02
NW Bell 270.05
Popham, Haik 2,095.49
Pitney Bowes Credit 26.00
Roto-Rooter 38.25
Stevens Well Drilling 107.42
State of MN 856.66
Waconia Emergency Physicians 24.25
Westonka Sports 55.00
Westonka Community Serv 600.00
Widmer Bros. 2,041.04
R.L. Youngdahl 75.23
Xerox Corporation 1,021.70
Jon Elam 180.40
Griggs, Cooper 729.61
Leon Hanson 148.00
Johnson Bros.Whl Liq 1,545.42
Johnson Paper 219.54
Robert E Johnson 665.26
IL Small Business 75.00
Kathy Kluth 11.00
City of Mound 44.52
Mound Postmaster 600.00
Ed Phillips & Sons 1,037.07
Quality Wine 682.10
Mary Perbix 150.00
Dell Rudolph 337.50
State Treas 472.82
TOTAL BILLS 45,062.61