1985-10-22215
October 22, 1985
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 22, 198
The City Council of Mound, Hennepin County, Minnesota, met in regular
session on October 22, 1985, of 7:30 PM, in the Council Chambers at
5341 Maywood Road, in said City.
Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen,
Gary Paulsen, Steve Smith, Russ Peterson. Also present were:
Acting City Manager Fran Clark, City Planner Mark Koegler, City Attorney
Curt Pearson, Acting City Clerk Linda Strong, Building Inspector Jan
Bertrand, Public Works Superintendent Geno Hoff, Public Works Secretary
Joyce Nelson,. Police Chief Len Harrell, Brad Lemberg, Leonard Kopp,
David and. Carmen Taylor, Audrey Evans, Edwin Gibbs, John Schulter,
Buzz Sykes, Kaye Westeriund and a.representative from Contel.
The.Mayor opened the•meeting and welcomed those present.
M I NOTES
The following miuntes were presented for consideration: _
a. September 24, 1985 - Regular Meeting
Counciimember Peterson asked that the following sentence be deiPted
from page 2809, "John also mentioned the assessing of the property
owners affected by this improvement".
b. October 1, 1985 - Special Meeting
Counciimember Peterson referred to page 2815, under Council Budget,
The first sentence should read, "Counciimember Peterson asked
about the Senior Citizen Counseling, whether it could be funded by
CDBG."
Counciimember Smith referred to page 281.6, the motion to delay
purchase of one new police vehicle, asking what the outcome of
the vote was.
The outcome was three votes in favor, with Counciimember Smith,
.and Mayor Polston voting no.
c. October 2, 1985 - Special Meeting
d. October 3, 1985 - Special Meeting
e. October 5, 1985 - Special Meeting
f. October 7, 1885 - Regular Meeting
MOTION made by Counciimember Peterson and seconded by Council- '~
member Paulsen to approve the minutes for September 24, October
1, 2, 3, 5, and 7, as amended.
The vote was unanimously in favor. Motion carried.
PUBLlC HEARING: Delinquent Utility Bills for October
The Acting City Manager stated the total dollar amount due was now
S349o.76.
~ 98 y
216
October 22, 1985
The Mayor opened .the Public Hearing. He asked if anyone wanted to
comment on the delinquent water bills. There were no comments.
Mayor Polston closed the Public Hearing.
Councilmember Jessen moved and Councilmember Peterson seconded the
following resolution:
RESOLUTION #85-124 RESOLUTION TO DISCONTINUE WATER SERVICE
_ WHERE THE BELLS ARE MORE THAN SIX MONTHS IN
ARREARS. _ ..
The vote was unanimously in favor. .Motion carried.
CONTINUATION•OF PUBLIC HEARING:- From February 12, 1985 Meeting
TOWN SQUARE
REQUEST: a.
b.
Conditional Use Permit to Allow a Drive-In Bank
Variances - Setback to the R-3 .
Parking Sta1l~Size ~ Number
Drive-ln Bank Location.
a. Conditional Use Permit to Allow a Drive-In Bank.
The Acting City Manager. stated that the Planning Commission has looked
at these issues and recommends approval.
The City Planner, Mark Koegler, stated the reason for the CUP is
that in~the zoning ordinances, all Drive-In facilities of any type,
require a CUP. .
The Acting City Manager stated that 2 resolutions were needed.
Mayor Polston.reopened the Public Hearing, and asked if anyone wished
to speak for or against these issues. There were none. The Mayor
closed the Public .Hearing.
Councilmember Paulsen moved and Councilmember Peterson seconded the
following resolution:
RESOLUTION #85-125 RESOLUTION TO CONCUR W{TH THE PLANNING
COMMISSION APPROVING THE CONDITIONAL USE
PERMIT TO ALLOW A DRIVE IN BANK FACILITY
IN TOWN SQUARE.
The vote was unanimously in favor. Resolution passed.
Councilmember Paulsen moved and Councilmember Smith seconded the
following resolution:
RESOLUTION #85-126 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION APPROVING THE VARIANCES:
SETBACK TO THE R3, PARKING STALL SIZE ~
NUMBER, DRIVE iN BANK, AS REQUESTED.
The vote was unanimously in favor. Resolution passed.
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217
October 22, 1g85
CASE #85-444: David & Carmen Taylor, 5991 Ridgewood Road, Part
of Lots 13, 14 b 15, Block 6, The Highlands
The request to recognize existing nonconforming structure.
The Acting City Manager stated that the Planning Commission recommends
approval. The garage is in the right of way. The house will meet
the set backs.
Councilmember Jessen moved and Councilmember Paulsen seconded the
following resolution:
RESOLUTION #85-.127 RESOLUTION RECOGNIZING THE EXISTING NON-
CONFORMING STRUCTURE AT 5991 RIDGEWOOD
ROAD, PART OF LOTS 13, 14 ~ 15, Block 6,
THE HIGHLANDS.
The vote was unanimously in favor. Resolution passed.
CASE#85-445: Request to allow existing accessory building to remain
and grant side yard variance at 4339 Wilshire Blvd.
Part of Lots 1, 2, B, 75 ~ 76. First rearr. of Phelp's
Island Park 1st division and lot 3, Phelp's Island
Park 1st division. '~
The Acting City Manager stated that the Planning Commission denied
the variance change because they approved the subdivision with the
stipulation that the building would be -moved or removed,
Councilmember Peterson moved and Councilmember Smith seconded the
following resolution:
RESOLUTION #85- 12u RESOLUTION TO DENY A VARIANCE AND TO REAFFIRM
A SUBDIVISION APPROVAL CONDITION FOR A METES
AND BOUNDS DESCRIBED LOT AT 4339 WILSHIRE
BLVD., PID # 19-117-23 13 0006.
The vote was unanimously in favor. Resolution passed.
CASE#85-446L Request for a four foot front yard setback variance
at .5525 Church Road, Lots 1 ~ 2, Block 7, Lakeside
Park A. L. Crackers 1st division.
The Acting City Manager stated that the Planning Commission recommended
approval on this.
Councilmember Smith moved and Councilmember Jessen seconded the
following resolution:
RESOLUTION #85- 129 RESOLUTION TO CONCUR WITH THE PLANNING COMM-
ISSION TO APPROVE A FOUR FOOT FRONT YARD SETBACK
VARIANCE AT 5525 CHURCH ROAD, LOTS 1 S 2~
BLOCK 7, LAKESIDE PARK A.L. CROCKERS 1st
DIVISION. a~~~
218 ~ October 22, ]g85
The vote was unanimously in favor. Resolution passed.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
There were no comments or suggestions from citizens present.
LOST LAKE LAND REGISTRATION UPDATE LETTER FROM CURT PEARSON
City Attorney Curt Pearson informed the Council that a court date
of November 8, 1985, with Judge Lindberg, has been set.
LETTER FROM BUZZ 5YKES ABOUT LOST LAKE SITE
Mr. Sykes restated his concern for legal action to be taken on the
Lost Lake Site.
AWARDING THE SALE OF $1,800,000 GENERAL OBLIGATION TAX INCREMENT
FINANCING BONGS OF 19 5; FIXING THEIR FORM ~~SPECIFICATIONS;
PAYMENT.
Mayor Poston introduced the City's former Manager and now presently
one of the City's Bond Counselors from Miller Schroeder, Leonard Kopp.
Mr. Kopp stated that four bids were received, with the low one from
Miller Securities, at the interest cost of $.5988. Mr. Kopp said
the low bid was under the estim~teu bid projected some time ago.
Councilmember Peterson moved and Councilmember Jessen seconded the
following resolution:
RESOLUTION n85- 13~ RESOLUTION AWARDING THE SALE OF $1,800,000
GENERAL OBLIGATION. TAX INCREMENT BONDS OF
1985; FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT.
The vote was unanimously in favor. Resolution passed.
REQUEST FOR A STREET LIGHT ON SHOREWOOD LANE
The request was submitted to the Council by Mr. Stephen Briggs,
1871 Shorewood Lane, Mound, fora neighborhood street light. He
stated there has been burglaries and vandalism due darkness, heavily ,
wooded area, and winding streets. Mr. Briggs had a petition signed
by neighbors requesting the street light installed.
The Acting City Manager stated that Officer Ewald had investigated this
and found the area very dark. The staff recommended approval. .
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219
October 22, 1985
Councilmember Paulsen moved and Councilmember Peterson seconded
the following resolution:
RESOLUTION #85- 131 RESOLUTION APPROVING THE INSTALLATION OF
A STREET LIGHT ON SHOREWOOD LANE.
The vote was unanimously in favor. Resolution passed.
RESOLUTIONS REQUESTING THE COUNTY AUDITOR NOT TO LEVY FOR CERTAIN FUNDS
Councilmember Smith moved and Councilmember Paulsen .seconded the
following seven resolutions:
RESOLUTION #85- 132 RESOLUTION REQUESTING THE COUNTY AUDITOR
NOT TO LEVY $22,231.00 FOR 1976 WATER
REVENUE 80NDS.
RESOLUTION #85- 133 RESOLUTION CANCELLING THE LEVY ON THE
GENERAL OBLIGATION IMPROVEMENT BONDS OF
1982 IN THE AMOUNT OF $18,000.00.
RESOLUTION #85- 13~} RESOLUTION CANCELLING THE LEVY ON THE
GENERAL OBLIGATION IMPROVEMENT BONDS OF
1976 IN THE AMOUNT OF $1,6$5.00.
_ RESOLUTION #85-135". RESOLUTION CANCELLING THE LEVY ON THE
GENERAL OBLIGATION IMPROVEMENT BONDS OF
1979 IN THE AMOUNT OF $20,444.00.
RESOLUTION #85- 136 RESOLUTION CANCELLING THE LEVY ON THE
GENERAL OBLIGATION IMPROVEMENT BONDS OF
19$0 IN THE AMOUNT OF $6,288.00.
RESOLUTION #85- 137 RESOLUTION REQUESTING THE COUNTY AUDITOR
NOT TO LEVY $18,693.00 FOR FIRE EQUIPMENT
CERTIFICATES OF INDEBTEDNESS OF 1981
RESOLUTION #85- 133
RESOLUTION REQUESTING THE COUNTY AUDITOR
NOT TO LEVY $12,823.00 FOR FIRE EQUIPMENT
CERTIFICATES OF INDEBTEDNESS OF 1984
The vote was unanimously in favor. Ail seven resolutions passed. ,
PAYMENT OF BILLS
The bills were presented for consideration. Councilmember Paulsen
moved and Councilmember Jessen seconded the following motion;
MOTION TQ APPROVE THE PAYMENT OF BILLS AS PRESENTED ON THE
PRE-LIST IN THE AMOUNT OF $287,183.15, bIHEN THE FUNDS ARE
AVAILABLE.
Through a rail call vote, the vote was unanimous. Motion carried.
X988
220 October 22, 19i3j
CITY VS. SANDER COMPANY AND GENERAL ELECTRIC
City Attorney Curt Pearson stated that the City is suing the Sander
Company and General Electric regarding the roof and skylights. As
part of this the depositions of Mr. Kopp and Jan Bertrand will be
needed. Mr. Kopp has agreed to cooperate. However, he needs to refresh
his memory before court time. Mr. Pearson feels compensation would be
in order, because he will be giving his time to the City.
There was no objection from the Council. A motion was not needed, just
the consensus of the Council.
SUPERAMERICA
The Acting City Manager stated that SuperAmerica will be opening in
mid-November. They have applied for and paid the fee fora license
to sell non-intoxicating malt liquor (3.2 beer). This needs the
Council's approval.
MOTION MADE BY COUNCILMEMBER SMITH AND SECONDED BY COUNCILMEMBER
JESSEN TO APPROVE THE ISSUANCE OF A LICENSE FOR SUPERAMERICA TO
SELL NON-INTOXICATING MALT LIQUOR.
The vote was unanimosuly in favor. Motion carried.
BUS ROUTES
Counciimember Smith stated that there is a request from residents
of Mound to extend the bus route to the west end of town. It was
• decided that the Acting City.Manager would send a letter to MTC,
stating the City's request for extended service.
Senior Citzen Center
The Acting City Manager had talked
epin County, regarding the part of
pays. Part of the funding for this
creating a savings in the budget.
RECYCLING COSTS
with Larry Blackstead, from Henn-
Kathy Bailey's salary that the City
could come from CDBG funds, thus
Councilmember Jessen mentioned that not only does the City receive
50% rebate"from the County, but the Met Council is paying the City
•SOC per household that participates. The City will also receive
$4.00 per ton of recyclable materials. Therefore, some more funds
are generated through recycling.
CITY MANAGER
Mayor Polston stated the Council has selected one of the candidates
for the City Manager position, and that the Council may be at the
point now to ask the Mayor and Acting City Manager to begin negotiating
terms of employment.
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221
October 22, 1985
Councilmember Paulsen moved, and Councilmember Peterson seconded
the following resolution, prepared by City Attorney, Curt Pearson:
RESOLUTION n85- 139
RESOLUTION AUTHORIZING AND DIRECTING THE
MAYOR AND THE ACTING CITY MANAGER TO
NEGOTIATE, SUBJECT TO COUNCIL APPROVAL, A
CONTRACT OF EMPLOYMENT WITH EDWARD SHUKLE AS
CITY MANAGER FOR THE CITY OF MOUND.
The vote was unanimously in favor. Resolution passed.
PUBLIC WORKS BUILDING STUDY~UPDATE
Brad Lemberg from Bonestroo, Rosene, Anderlik ~ Assoc., presented
an update to the Council.
Prelinimary plans illustrate a Public Works building with shop,
offices and inside storage, east of City Hall. To the west of
City Hall, plans show outside material storage fenced and land-
scaped to harmonize with the surrounding area.
Ballpark cost, $1,012,500 to $1,125,000, construction only.
It was noted that the inside storage may not be adequate and
layouts may be redesigned. There are various exterior schemes to
be considered.
Mayor Polston said the Council should reactivate the Public Works
building study committee. He stated that a referendum was definitely
required to fund the building. The Council authorized the spending
of funds to investigate the actual cost, prepare a brochure to
inform the Public and set up.informational meetings for the Public
to attend. The City Attorney- advised the Council that they could
not prepare a "yes vote" brochure. The Building Study committee
should do this, as the City cannot use public funds to campaign.
Coincilmember Smith moved and Councilmember Paulsen seconded the
following resolution:
RESOLUTION ;85- 1~G{0 RESOLUTION TO TARGET A REFERENDUM TO FUND
THE BUILDING OF A NEW PUBLIC WORKS BUILDING,
IN LATE JANURAY 1986, GET DEFIN171VE ANSWERS
ON COST, PREPARE A BROCHURE SHOWING THE
NEED, ARRANGE FOR PUBLIC INFORMATION MEET-
INGS AND REACTIVATE THE C171ZENS TASK FORCE.
The vote was unanimously in favor. Resolution passed.
LOST LAKE SITE
Councilmember Smith proposed negotiating with the Church Attorney,
in selling the land and splitting the profits before the court date
of Nov. 8. Attorney Pearson saw no reason to back away yet. Consensus
of the Council was to wait for the~Courts interpretation of the law.
X990
222
INFORMATION/MISCELLANEOUS
October 22, 1985
A. Letter from City Attorney regarding Met Council Action on RECS.
B. Notice of Breakfast Meetings, Oct. 24 & 25 on Regional Development.
C. Letter of Resignation for Buzz Kraft.
D. tnformation from Met Council on Recycling Funding `
E. Notice of Meeting on Solid Waste Issues
F. Letter from City Attorney RE: Allied Painting & Renovating
v. City of Mound.
G. Note on Lake Virginia/Lake Ann Interceptor
H. League Update of TIF Study
I. LMCD - BWI Ordinance
J. Articles & Update on F.L.S.A.
K. Articles on Revenue Sharing ••
L. Article on MWCC Salaries
M. Hennepin County Compost Operation
N. School District Minutes
0. Planning Commission Discussion Item on Conditional Use Permits
MOTION MADE BY COUNCILMEMBER PAULSEN AND SECONDED BY COUNCILMEMBER
PETERSON TO ADJOURN-THE MEETING.
The vote was unanimously in favor. Motion passed.
The meeting was adjourned at 9:03 PM.
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Fran Clark, Acting City Manager
~'?
_. ..
Linda Strong, Acting ity Clerk
a 9~~
BILLS--------OCTOBER 22, 1985
Batch 854101----Computer run dated 10/15/85
Batch 854102----Computer run dated 1.0/17/85
Bills listed below
Total Bills
American Financial Printing
Contel
Financial Communications
Deloris Schwalbe
Todd Truax
John McKinley
Mike Savage
Print Bonds-TIF
Telephone
Legal notice-TIF Bonds
Mileage thru Sept
School Expenses
~~
248,640.48
36,178.41
2,364.26
287,183.15
1,188.75
990.59
48.84
65.25
8.64
7.96
Reimb Spectacle Kit ~ lens 54.13
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