1987-09-22.162
September 22, 1987
MINUTES - MOUND CITY COUNCIL - SEPTEMBER 22, 1987
The City Council of Mound, ..Hennepin County, Minnesota, met in regular session
on Tuesday, September 22, 1987, at 7:30 P.M. in the Council Chambers at 5341
Maywood Road, in said City.
Those present were: Mayor Steve Smith, Councilmembers Don Abel, Liz Jensen,
Phyllis Jensen and Skip Johnson. Also present were: City Manager Edward J.
Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Planner
Mark Koegler, and the following interested citizens: James McGee, Irene
Bazewicz, Gayle Schuffenhauer, Gene Garvais, Brian Johnson, Richard Rucinski,
Robert Huffman, Roland McAllister, Thomas Maxwell, Kent Westberg, Neil Weber,
James Dobesh, June Fitz, Bill Macnamee.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
MINUTES
MOTION made by Abel, seconded by Jensen to approve the minutes of the
September 8, 1987., Regular Meeting, the September 15 and 16, 1987, Spe-
cial Budget Meetings, as presented.. The vote r+as unanimously in favor.
Motion carried.
PUBLIC NEARING: DELINQUENT UTILITY BILLS
The Mayor opened the public hearing. No one responded. The Mayor closed the
public hearing. The City Manager reported that the revised figure is
$1,867.92.
Abel moved and Johnson seconded the following resolution:
RESOLUTION #87-159 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS
IN THE AMOUNT OF #1,867.92 AND AUTNORIZIN6 THE
STAFF TO SHUT-OFF YATER SERVICE FOR TNOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: CENTRAL BUSINESS DISTRICT PARKING ASSESSMENT - LEV1( #10629
The City Manager explained the Central Business District Parking Assessment
Program.
The Mayor opened the public hearing. No one responded. The Mayor closed the
public. hearing.
Johnson moved and Smith seconded the following resolution:
163 __ -
September 22, 1987
RESOLUTION #87-160 RESOLUTION ADOPTING 1987 CBD PARKING ..MAINTENANCE
ASSESSMENT ROLL IN THE AMOUNT OF #29,034.42 TO BE
CERTIFIED. TO THE COUNTY AUDITOR AT 8Z INTEREST -
LEVY #10629
The vote was unanimously in favor. Motion carried.
PUBLIC HEARIN6•
A. UNPAID TREE REMOVAL ASSESSMENT --LEVY #10625
The.Mayor opened the public hearing. Mr. James McGee, .4915 Monmouth Road, PID
#24-117-24 41 0104, was present and objected to the $375.00 proposed assess-
ment for tree removal. He stated the tree was not on his property. The Coun-
cil looked at pictures submitted by Mr. McGee. The Mayor closed the public
hearing.
MOTION made Smith, seconded by Johnson to continue this item to the next
meeting, in order to have the Staff study this further and determine
whose tree it is. The vote was unanimously in favor. Motion carried.
B. DELINQUENT UTILITY BILLS ASSESSMENT -LEVY-#10628
The Mayor_.opened .the public hearing. Ms. Irene Bazewicz, 3530 Tuxedo Blvd.,
PID #23-117-24 33 0011, was present and objected to the $266.43 proposed
assessment against her property. The Council removed Ms. Bazewicz's assess-
ment from the proposed assessment roll and deferred action on it until the
next meeting asking for a Staff report. The Mayor closed the public hearing.
Smith moved and Jessen seconded the following resolution:
RESOLUTION #87-161 RESOLUTION ADOPTING DELINQUENT WATER & SEWER
ASSESSMENT ROLL IN THE AMOUNT OF #4,305.91 TO BE
CERTIFIED. TO THE COUNTY AUDITOR AT 8~ INTEREST -
LEVY #10628 °
The vote~was unanimously in favor. Motion carried.
C. UNPAID LOT CLEAN-UP ASSESSMENT - LEVY #10627
The Mayor opened the public hearing. ~No one responded. The Mayor closed the
public hearing.
Jessen moved and Johnson seconded the following resolution:
RESOLUTION #87-162 RESOLUTION ADOPTING UNPAID CLEAN-UP ASSESSMENT ROLL
IN THE AMOUNT OF X50.00 TO BE CERTIFIED TO THE
COUNTY AUDITOR AT 8I: INTEREST - LEVY #10627
..164
September 22, 1987
The vote was unanimously in favor. Motion carried.
D. UNPAID BOARDING UP OF-HOUSE ASSESSMENT - LEVY #10626
The Mayor opened the public hearing. No one responded. The Mayor closed the
public hearing.
Jensen moved and Johnson seconded the following resolution:
RESOLUTION #87-163 RESOLUTION ADOPTING UNPAID BOARDING UP OF HOUSE
ASSESSMENT ROLL IN THE AMOUNT OF $300.00 TO ~ CER-
TLFIED TO THE COUNTY AUDITOR AT 8Z INTEREST - LEVY
#10626
The vote was unanimously in favor. Motion carried.
RESOLUTIONS LEVYING DEFERRED & SUPPLEMENTAL ASSESSMENTS UPON WAIVER OF
FORMALITIES• DIRECTING PREPARATION OF ABSTRACT• & DIRECTING CERTIFICATION TO
HE COUNTY AUDITOR
A_ LEVY #10630
Abel moved and Jensen seconded the following resolution:
RESOLUTION #87-164 RESOLUTION LEVYING DEFERRED & SUPPLEMENTAL ASSESS-
MENTS UPON YAIVER OF FORMALITIES; DIRECTING
PREPARATION OF ABSTRACT; ~ DIRECTING CERTIFICATION
TO THE COUNTY AUDITOR - LEVY #10630 - $8,616.77
The vote was unanimously in favor. Motion carried.
B_ LEVY #10631
Abel moved and Jensen seconded the following resolution:
RESOLUTION #87-165 RESOLUTION LEVYING DEFERRED A SUPPLEMENTAL ASSESS-
MENTS UPON YAIVER OF FORMALITIES; DIRECTING
PREPARATION OF ABSTRACT; ~ DIRECTING CERTIFICATION
TO THE COUNTY AUDITOR - LEVY #10631 - $292.00
The vote was unanimously in flavor. Motion carried.
C. LEVY #10632
Abel moved and Jensen seconded the following resolution:
RESOLUTION #87-166 RESOLUTION LEVYING DEFERRED & SUPPLEMENTAL ASSESS-
. MENTS UPON YAIVER OF FORMALITIES; DIRECTING
PREPARATION OF ABSTRACT; 8 DIRECTING CERTIFICATION
165
September 22, 1987
TO THE COUNTY AUDITOR - LEVY #10632 - X931.12
The vote was unanimously in favor. Motion carried.
D. LEVY #10633
Abel moved and Jensen seconded the following resolution:
RESOLUTION #87-167 RESOLUTION LEVYING DEFERRED & SUPPLEMgNTAL ASSESS-
MENTS UPON YAIVER OF FORMALITIES; DIRECTING
PREPARATION OF ABSTRACT; 8 DIRECTING CERTIFICATION
TO THE COUNTY AUDITOR - LEVY #10633 - #2,341.80
The vote was unanimously in favor. Motion carried.
E. LEYY #10634
Abel moved and Jensen seconded the following resolution:
RESOLUTION #87-168 RESOLUTION LEVYING DEFERRED 8 SUPPLEMENTAL ASSESS-
MENTS UPON YAIVER OF FORMALITIES; DIRECTING
PREPARATION OF ABSTRACT; b DIRECTING CERTIFICATION
TO THE .COUNTY AUDITOR - LEVY #10634 - #112.01
The vote was unanimously in favor. Motion carried.
BID AWARD: SNOW REMOVAL FROM PARKING LOTS IN THE CENTRAL BUSINESS DISTRICT
The City Manager explained that only 1 bid was received from Widmer Bros.,
Inc. This bid is for the 1987-88 snow removal season in the Central Business
District.
Smith moved and Abel .seconded the following resolution:
RESOLUTION #87-169 RESOLUTION APPROVING THE BID OF WIDMER BROS., INC.
FDR THE CENTRAL BUSINESS DISTRICT SNOW PLOWING FOR
1987-88
The vote was unanimously in favor. Motion carried.
RESOLUTION APPROVING A ONE-THIRD MILL LEYY-FOR THE-PURPOSE.OF DEFRAYING
r_ntT nF nPFRATinN _ Pl1R IJANT TO NE PROYI IONS OF MS 462.411 NRU 462.705..:
The City Manager explained this 1/3 mill levy was approved in the 1988 Budget
and a resolution needs to be adopted.
Jensen moved and Johnson seconded the following resolution:
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September 22, 1987
RESOLUTION #87-170 RESOLUTION APPROVING A ONE-THIRD MILL LEVY FOR THE
PURPOSE OF DEFRAYING THE COST OF OPERATION., PUR-
SUANT TO THE PROVISIONS OF NSA 462.411 THRU
462.705, OF THE HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF MOUND FOR THE YEAR 1988
The vote was unanimously in favor. Motion carried.
RESOLUTIONS CANCELLING LEVIES:
A. G.O. BONDS OF 1976 - ;2,059.71
Abel moved and Jensen seconded the following resolution:
RESOLUTION #87-171 RESOLUTION CANCELLING THE -LEYY ON THE GENERAL
OBLIGATION .IMPROVEMENT BONDS OF 197b IN THE AMOUNT
OF ;2,059.71
The vote was unanimously in favor. Motion carried.
B. G.O. BONDS OF 1979 - ;19,083.00
Abel moved and Jensen seconded the following resolution:
RESOLUTION #87-172 RESOLUTION CANCELLING THE LEVY ON THE GENERAL
OBLIGATION IMPROVEMENT BONDS OF 1979 IN THE AMOUNT
OF ;19,083.00
The vote was unanimously in favor. Motion carried.
C. G.O. BONDS OF 1980 - ;5,870.00
Abel moved and Jensen seconded the following resolution:
RESOLUTION #87-173 RESOLUTION CANCELLING THE LEVY ON THE GENERAL
OBLIGATION INPROVEMENT BONDS OF 1980 IN THE AMOUNT
OF ;5,870.00
The vote was unanimously in favor. Motion carried.
D. 6.0. BONDS OF 1978 - ;16,540.00
Abel moved and Jensen seconded the following resolution:
RESOLUTION #87-174 RESOLUTION CANCELLING THE LEVY ON THE GENERAL
OBLIGATION IMPROVEMENT BONDS OF 1974 IN THE AMOUNT
OF ;16,540.00
The vote was unanimously in favor. Motion carried.
167
September 22, 1987
E. 6.0. BONDS OF 1982 - ;16,500.00
Abel moved and Jensen seconded the following resolution:
RESOLUTION #87-175 RESOLUTION CANCELLING THE LEYX ON THE GENERAL
08LIGATION IMPROVEMENT BONDS OF 1982 IN THE AMOUNT
OF #16,500.00
The vote was unanimously in favor. Motion carried..
F. FIRE EQUIPMENT CERTIFICATES OF 1984 - $11,551.50
Abel moved and Jensen seconded the following resolution:
RESOLUTION #87-176 RESOLUTION-REQUESTING THE COUNTY AUDITOR NOT TO
LEVY $11,551.50 _EOR FIRE EQUIPMENT CERTIFICATES OF
INDEBTEDNESS OF 1984
The vote was unanimously in favor. Motion carried.
6. WATER REVENUE BONDS OF 1976 - ;20,597.06
Abel moved and Jensen seconded the following resolution:
RESOLUTION #87-177 RESOLUTION REQUESTING THE COUNTY AUDITOR NOT TO
LEVY $20,597.06 FOR 1976 IaATER REVENUE BONDS
The vote was unanimously in favor. Motion carried.
REQUEST TO DO CEMETERY PLANTING - DICK OLEXA
The City Manager explained that Mr. Dick Olexa would like to do some planting
in the cemetery. The Park Commission recommended approval. Mr. 07exa was
present.
MOTION made by Johnson, seconded by Jensen to concur xith the Park Com-
mission to approve the request of Mr. Dick Olexa to do planting at the
cemetery as per his drawing. The vote was unanimously in favor. Motion
carried.
SET DATE FOR PUBLIC HEARING ON PROPOSED VACATION OF. PORTION OF PHELPS ROAD ON
THE FAST SIDE OF TUXEDO BLVD. ABUTTING LOTS 13 & 14, BLO K 20, WNIPPLE (3314
0
1
MOTION made by Smith, seconded by Abel to set a date for a public hear-
ing on the proposed vacation of a portion. of Phelps .Road on the ..east
side of Tuxedo Blvd. abutting Lots 13 and.. 14, Block 20, Whipple (3314
Tuxedo Blvd.) for October 21, 1987, at 7:30 P.M. The vote was unanim-
ously in favor. Motion carried.
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September 22, 1987
COMMENTS b SUGGESTIONS FROM CITIZENS PRESENT
There were no comments or suggestions from citizens present.
PRELIMINARY DISCUSSION: LOST LAKE PROPOSAL
The City Manager explained that there was only one proposal received in
response the the Request for Proposals on the Lost Lake property. It was from
Developer, Waterford Development Group, Inc. and Architect/Planner, Richard
Schwarz/Neil Weber, Inc. Mr. Weber was present. He explained that this
proposal has a concept drawing and that they tried to tailor their proposal to
the Request for Proposals. He further explained that their idea would be for
the City to turn over the Lost Lake site to the developer at no charge and
that tax increment financing be used for the the development of the channel,
trails and the wetlands. The developer would finance the Country Inn,
restaurant/pub, etc.
The Council discussed the proposal and the approach that should now be taken.
The City Manager suggested following the procedure as outlined in the RFP and
working out a timetable.
The Council then directed the Staff (City Manager and City Planner) to work
with Mr. Weber and Mr. Bienapfl giving them background and ideas from the
various commissions and. working out more specifics. The developer would then
make a formal presentation to the City Council, Park and Planning Commission
on October 27, 1987.
CASE #87-662: 6AYLE & CAROL SCHUFFENHAUER, 6350 RAMBLER LANE, LOT 9, BLOCK 2,
unuun rrnn.nr rnnaT o [`Tnr VAnn \/111'1T A\1 /`C
The City Planner explained the request. Mr. Gene Gavais, builder, and Mr.
Schuffenhauer were present. The Planning Commission recommended approval as
requested except that they locate the 10' by 10' storage area on another part
of the lot. The Council discussed the 10' by 10'storage area and amended the
proposed resolution to allow the storage area be located as requested.
Smith moved and Abel seconded the following resolution:
RESOLUTION #87-178 RESOLUTION TO ALLDW A TWO SHALL 6ARA6E PITH ENTRY
AND 10 FOOT BY 10 FOOT STORA6E_ AREA _ FOR .LOT 9.,
BLOCK 2, MOUND TERRACE; PID #14-117-24 32 0019
(6350 RAMBLER LANE), P b Z CASE #87-662
The vote was unanimously in favor. Motion carried.
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September 22, 1987
CASE #87-663: BRIAN JOHNSON 4945 GLEN ELYN ROAD PARTS OF LOTS 17 & 18
SHADYWOOD POINT, ALL IN BL CK 24, SET CK V RIA E OR IN
STRUCTURE
The City Planner explained the request.
Abel moved and Smith seconded the following resolution:
RESOLUTION #87-179 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
TO ALLOW AN ADDITION FOR PARTS _QF__LOTS._.17__~ 18,
BLOCK 24, SHADYWOOD POINT; PID #13-117-24 11 0094.
(4945 GLEN ELYN ROAD), P b Z CASE #87-663
The vote was unanimously in favor. Motion carried.
CASE #87-664: APPLICANT -RICHARD. RUCINSKI -AND OWNER ROBERT HUFFMAN, 5124
The City Planner explained the request.
Johnson moved and Abel seconded the following resolution:
RESOLUTION #87-180 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
TO APPROVE EMERGENCY STRUCTURAL REPAIRS TO A NON-
. CONFORMING STRUCTURE ON LOT 14, WHIPPLE SHORES; PID
#24-117-24 43 0062 (5124 TUXEDO BLVD.), P ~ Z CASE
#87-664
The vote was unanimously in favor. Motion carried.
CASE #87-665: ROLAND MC ALLISTER, 1649 BLUEBIRD .LANE, LOTS 1_THRU 4,_BLOCK
The City Planner explained the applicant's request. He further explained the
background on this property. The Staff reluctantly recommended approval due
to past City actions and the fact that the proposed variances represent the
minimum required to make the property buildable. The Council discussed the
matter.
Smith moved and Abel seconded the following resolution:
RESOLUTION #87-181 RESOLUTION TO APPROVE THE REQUESTED .VARIANCES FOR
LOTS 1 THRU 4, .BLOCK_6,. DREAMWOOD, (.1649 BLUEBIRD
LANE), PID #'S 13-117-24 21 0004/0005, P & Z CASE
#87-665
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September 22, 1987
The vote was 2 in favor with Jensen, Jensen and Johnson voting nay. Motion
failed.
MOTION made by Johnson, seconded by Jensen directing the Staff to
prepare a resolution of denial for P ~ Z Case #87-665 spelling out the
findings of fact. The vote was unanimously in favor. Motion carried.
CASE #87-667 THOMAS MAXWELL, 3114 ISLAND VIEW DRIVE, LOT -59, PHELP'S ISLAND
PARK-FIRST ADDITION VARIANCE TO REC06NIZE AN EXISTING NONCON-
The City Planner explained the request. The applicant was present and sub-
mitted a new survey. The City Attorney pointed out that the existing struc-
ture is encroaching on the abutting property. He advised that the Council not
act on this matter until the encroachment is cleared up.
MOTION made by Smith, seconded by Johnson to defer P & Z Case #87-667 to
a future meeting when the encroachment is cleared up. The vote was un-
animously in favor. Motion carried.
CASE ¥87-668: KENT & LESLIE WESTBER6, 1708 AVOCET LANE, (6~~0 DEERWOOD
The City Planner explained the request. The applicant was present. The Coun-
cil asked if the applicant was sure he would have the trailer removed by Oc-
tober 27, 1987. Mr. Westberg stated yes.
Smith moved and Abel seconded the following resolution:
RESOLUTION #87-181 RESOLUTION TO CONCUR WITH THE PLAI~NIN6 COMMISSION
TO GRANT A VARIANCE TO TEMPORARILY PLACE A TRAVEL
TRAILER AT 628.0 DEERWOOD DRIVE, LOT 4,. BLOCK 3,
WOODCREST OF MOUND 3RD ADDITION; PID #23-117-24 23
0100, P & Z CASE #87-668
The vote was unanimously in favor. Motion carried.
PAYMENT OF BILLS
MOTION made by Johnson, seconded by Jensen to approve the payment of
bills as presented on the pre-list, in the amount of X73,961.06, when
funds are available. A roll call vote was unanimously in favor. Motion
carried.
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September 22, 1987
DESIGNATION -OF YOTIN6 AND ALTERNATE VOTIN6_DELE6ATES_ - NATIONAL LEAGUE OF
CITIES ANNUAL CONGRESS OF CITIES. DECEMBER 12-16, 1987 - LAS VEG S, NEV D
The City Manager explained that Councilmember Jessen is the only one attending
this conference and should be appointed at the voting delegate.
MOTION made by Smith, seconded by Abel to appoint Councilmember Phyllis
Jessen as the voting delegate _ at. _the._National League of Cities Annual
Congress of Cities, December 12-16, 1987, in Las Yegas, Nevada. The
vote was unanioously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. August 1987 Monthly Financial Report as Prepared by John Norman, Finance
Director.
B. Minutes of Park Commission Meeting September 10, 1987
C. Copy of letter dated September 11, 1987, from LMCD to Minnetonka Bass
Club regarding renewal application for bass fishing tournament on
June 4, 1988. Club will have to apply to the City of Mound prior to
above date, pursuant to item #5 on enclosed letter.
D. REMINDER FOR PUBLIC WORKS FACILITY MEETINGS:
September 23 - 12:00 Noon.- Senior Center
7:45 P.M. - Lions Club at Minnetonka Mist
September 24 - 12:00 Noon - Rotary - Lafayette Club
7:30 P.M. City Hall
September 30 - Election Canvassing Board Meeting
7:30 P.M. City Hall
G. REMINDER: NLC/ICMA Counci]-Manager Relations Seminar
Monday, September 28, 1987
Hyatt Regency Hotel
1300 Nicoll.et Mall
8:00 A.M. - 4:30 P.M.
TONKA STAR (STAR NOSPITALITY,~INC.) LIQUOR LICENSE (FORMERLY CAPTAIN BILLY'S
Mr. Bill Macnamee, representing the Tonka Star, Star Hospitality, Inc., was
present. The City Attorney reminded the Council that they must have. a public
hearing before granting an On-Sale Liquor License and that requires 10 days
172
September 22, 1981
published notice.
MOTION made by Smith, seconded by Johnson to set October 13, 1987, at
7:30 P.N. for a..public hearing to consider granting a Liquor License to
the Tonka Star (Star Hospitality, Inc.), formerly Captain Billy's. The
vote was unanimously in favor. Motion carried.
RECONSIDERATION OF P & Z CASE #87-665
MOTION made by Jensen, seconded Abel to reconsider P b Z Case #87-665.
The vote was unanimously in favor. Motion carried.
The three Councilmembers who voted to deny Case #87-665 decided, after review-
ing the criteria for granting a variance, that the case did meet the criteria.
Smith moved and Abel seconded the following resolution:
RESOLUTION #87-182 RESOLUTION T0. APPROVE THE REQUEST® VARIANICES FOR
LOTS 1 THRU_4, BLOCK b,- DREANYOOD, (1649 BLUEBIRD
LANE), PID #'S 13-117-24 21 0004/0005, P & Z CASE
#87-665
The vote was unanimously in favor. Motion carried.
MOTION made by Johnson, seconded by Jensen to adjourn at 10:05 P.M. The
vote was unanimously in favor. .Motion carried.
ar J. S % Jr., City Manager
~ ~
Fr~C ark, CMC, City Clerk