1988-04-2656
April 26, 1988
MINUTES - MOUND CITY COUNCIL - APRIL 26, 1988
The City Council of Mound, .Hennepin County, Minnesota, met in
regular session on Tuesday, April 26, 1988, 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 Engineer John Cameron, Building Offi-
cial Jan Bertrand, and the following interested. citizens: Brad •&
Judy Chapman, Glenn Melena, Brian Cruse, Shirley Desmond, Jayne
Hetchler and Dan Hartman.
The Pledge of Allegiance was recited.
MINUTES
MOTION made by Abel, seconded by Johnson to approve the
minutes of the April 12, 1988, Regular Meetinq, as sub-
mitted. The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: DELINOUENT UTILITY BILLS
The City Manager reported that the amount is down to $9,021.38.
The Mayor opened the public hearing.
Shirley Desmond, 3018 Devon Lane, was present objecting to
the. amount of her water bill ($389.29). The Council in-
structed her to contact the City Office on Wednesday to have
the bill and usage reviewed.
The Mayor closed the public hearing.
Abel moved and Johnson seconded the following resolution.
RESOLUTION #88-65 RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT dF $9,021.38
AND AUTHORIZING THE STAFF TO SHUTOFF
WATER SERVICE TO THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
CONTINUATION OF PUBLIC HEARING: PROPOSED SALE OF DOADEN COM-
MUNICATIONS OF MINNESOTA
The City Manager reported the analysis is not yet completed and
suggested continuing this hearing to the May 10th meeting.
MOTION made by Johnson, seconded by Jensen to continue the
Public Hearing on the proposed sale of Dowden Communications
of Minnesota until May 10, 1988, at 7:30 P.M. The vote was
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April 26, 1988
unanimously in favor. Motion carried.
PUBLIC HEARING: PROPOSED VACATION OF UTILITY EASEMENT FOR NEW
PUBLIC WORKS FACILITY, LOTS 12, 13, 14 & 15.
ROEfiLER~S ADDITION TO MOUND, PID #13-117-24 33
0030 (5468 LYNWOOD BLVD.)
The City Engineer explained that there are no utilities under the
portion to be vacated. The Planning Commission recommended ap-
proval.
Jensen moved and Abel seconded the following resolution:
RESOLUTION #88-66 RESOLUTION VACATING A PORTION OF CERTAIN
PERPETIIAL EASEMENT OVER PART OF LOTS 12,
13, 14 & 15, ROEHLER~S ADDITION TO MOUND
The vote was unanimously in favor. Motion carried.
CASE #88-707: BRADLEY CHAPMAN, 1927 LAKESIDE LANE, LOT 10, BLOCK
11, SHADYWOOD POINT, PID #18-117-23 23 0056,
VARIANCES - SIDE YARD SETBACK, FRONT YARD SETBACK,
LOT AREA AND LOT WIDTH
The Building Official explained that the Chapmans want to add a
second floor to the existing structure and a l0 by 25 foot addi-
tion to the street front. The Planning Commission recommended
approval of the second story over the currently habitable dwell-
ing, but denied the 10 by 25 foot addition on the street front
because it would be increasing the nonconforming use.
The Chapmans were present. The Council discussed the variances
and agreed with the Planning. Commission recommendation.
Jensen moved and Jensen seconded the following resolution:
RESOLUTION #88-67 RESOLUTION TO EXPAND TAE FLOOR AREA OF A
NONCONFORMING LOT AND STRUCTURE FOR LOT
10, BLOCK 11, SHADYWOOD POINT, PID #18-
117-23 23 0056 (1927 LAKESIDE LANE) P &
Z CASE #88-707
The vote was unanimously in favor. Motion carried.
SET DATES FOR PUBLIC HEARINGS:
MOTION made by Johnson, seconded by Abel to set May I0,
1988, at 7:30 P.M. for the following Public Hearings:
A. Local Board of Review
B. To gain input from citizens as to the expected
level of city services to be provided in the
next calendar year.
C. Proposed vacation of slope easement over a portion of
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April 26, 1988
Lot 2 and part of Lot 3, Block i, Pembroke, PID #i9-
117-23 34 Oli2, 3002 Inverness Lane.
The vote was unanimously in favor. Motion carried.
AWARD BIDS ON SALE OF BONDS
$790,000 GENERAL OBLIGATION BUILDING BONDS
Dan Hartman, Miller & Schroeder Financial, explained that 7 bids
were received. They were as follows with net interest cost and
average interest rate:
INTEREST AVERAGE
COST RATE
1. First Bank National Association $474,475.63 6.7613
2. Norwest Investment Services $479,535.00 6.8334
3. Miller Securities, Inc. $482,198.75 6.871.3
4. Dain Bosworth, Inc. $485,276.25 6.91522
5. Piper, Jaffray & Hopwood, Inc.
(Allison-Williams Co.) $488,545.38 _6.9618
6. Cronin and Company
(American Nat'l Bank & Trust Co.) $488,706.25 6.964
7. Daugherty, Dawkins, Strand & Yost $489,150.00 6.9704
The recommended bid award is to First Bank National Association.
Abel moved and Jensen seconded the following resolution:
RESOLIITION #88-68 RESOLIITION AWARDING THE SALE. OF $790,000
GENERAL OBLIGATION BUILDING BONDS OF
1988; FIXING THEIR FORM AND
SPECIFICATIONS; DIRECTING THEIR EXECII-
TION AND DELIVERY; AND PROVIDING FOR
THEIR PAYMENT
The vote was unanimously in favor. Motion carried.
$310,000 GENERAL OBLIGATION IMPROVEMENT BONDS
Dan Hartman, Miller & Schroeder Financial, explained that 7 bids
were received. They were as follows with net interest cost and
average interest rate:
INTEREST AVERAGE
COST RATE
1. First Bank National Association $111,700.63 6.1969
2. Norwest Investment Services $111,705.63 6.1972
3. Cronin and Company
(American Nat'l Bank & Trust Co.) $112,225.00 6.2267
4. Dain Bosworth, Inc. $112,701.88 6.25253
5. Miller Securities, Inc. $113,554.37 6.2998
6, Dougherty, Dawkins Strand & Yost $115,010.62 6.3806
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April 26, 1988
7. Piper, Jaffray & Hopwood, Inc.
(Allison-Williams Co.) $115,925.75 6.4038
The recommended bid award is to First Bank National Association.
Abel moved and Jensen seconded the following resolution:
RESOLUTION #88-69 RESOLUTION AWARDING THE SALE OF $310,000
GENERAL OBLIGATION IMPROVEMENT BONDS OF
1988; FIRING THEIR FORM .AND
SPECIFICATIONS; DIRECTING THEIR EXECtT-
TION AND DELIVERY; AND PROVIDING FOR
THEIR PAYMENT
The vote was unanimously in favor. Motion carried.
RESOLUTION PROCLAIMING MAY 8-14, 1988, AS MUNICIPAL CLERK'S WEER
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #88-70 RESOLUTION PROCLAIMING MAY 8-14, 1988,
AS MUNICIPAL CLERK'S WEER
The vote was unanimously in favor.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
There was no response.
COMMONS MAINTENANCE PERMIT - KARL & JANET SWANSON, 1547 BLUEBIRD
LANE, REQUEST TO CONSTRUCT STAIRS ON__WAWONASSA COMMONS
The City Manager explained the request and stated that the Park
Commission has recommended approval under the condition that a
Building Permit be obtained from the City so that the .stairs be
constructed to Code.
MOTION made by Johnson, seconded by Jensen to authorize a
Commons Maintenance Permit to Rarl & Janet Swanson, 1547
Bluebird Land to construct stairs on Wawonassa Commons. The
vote was unanimously in favor. Motion carried.
COMMONS MAINTENANCE PERMIT - LEWIS CASTER, 4917 ISLAND VIEW
DRIVE, REQUEST TO CONSTRUCT RETAINING WALL PARTIALLY ON COMMONS
The City Manager explained the request and stated that the Park
Commission has recommended approval under Item 16A (3 year
renewable).
MOTION made by Abel, seconded by Jensen to authorize a Com-
mons Maintenance Permit to Lewis Caster, 4917 Island View
Drive to construct a retaining wall partially on Commons un-
der Item 16A (3 year renewable). The vote was unanimously
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April 26, 1988
in favor. Motion darried.
DISCUSSION: CRITERIA FOR SELECTING A CITIZEN TASK FORCE ON THE
FUTURE EXPANSION OF PUBLIC FACILITIES (CITY HALL. POLICE/FIRE
FACILITIES)
The City Manager asked if the Council had decided on .any criteria
for selecting a citizen task force on the future expansion of
public facilities.
After discussion, the Council decided they would Iike the
following: a person from office management; a person in
construction; a person in building maintenance; a Planning Com-
mission member; a senior citizen; a resident and business owner.
The Council states they would like 7 citizens and 4 staff mem-
bers. The time frame would be 1 year, 6 months to assess the
needs and 6 months to develop strategies.
The Council will submit candidates names and their backgrounds to
the City Manager at the next meeting.
UPDATE ON HENNEPIN COUNTY ROAD 15 STREET LIGHTING PROJECT
The City Engineer reported that the updated cost estimate for the
additional street lights on County~Road 15 from Fairview Lane to
the Seton Bridge is $69,460.00. This amount brings the estimated
total for the entire street light project to $179,600. If the
Council uses the assessment procedure previously approved, 1/2
the cost of $89,000 would be assessed, with commercial property
paying 1-1/2 times the residential rate. That figures out to ap-
proximately $9.00 per front foot for residential property and
$13.50 per front foot for commercial property. This is lower
than the original report without the additional lights. If the
Council proceeds with the additional lighting on May 10th, a
separate resolution reducing the previously approved pending
assessment amounts would need to be passed.
The Engineer then reported that Orono and Spring Park already
have their plans and specifications ready even though they have
not held their public hearings on the street lights. Orono has
ordered the project and Spring Park will be ordering it within
• the next 2 weeks. Then they will hold their public hearings
after that. He then asked if the Council wants him to go ahead
and prepare the plans and specifications for Mound's portion at
an estimated cost of $2,500 to $3,000. He advised the Council
that if the plans and specifications are done and the project is
ordered that it would not cause a delay in the total project.
Abel moved and Jensen seconded the following resolution:
RESOLUTION #88-71 RESOLUTION ORDERING THE PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE
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April 26, 1988
ADDITIONAL STREET LIGHTS ON COIINTY ROAD
15 BETWEEN FAIRVIEW LANE AND THE SETON
BRIDGE
The vote was unanimously in favor. Motion carried.
The Engineer then updated the Council on the estimated costs of
the entire County Road 15 Project and how it would be paid.
DOCK REFIIND3
The City Manager explained that the Dock Inspector has submitted
a list of people who should received dock refunds for 1988. The
reasons are varied: ie. sharing with another resident, moving
out of Mound after applying, a site not available, cancels.
There are 32 refunds for a total amount of $1,865 as listed on
pages 1074 and 1075 of the packet.
MOTION by Smith, seconded by Jensen to authorize the dock
refunds as listed on pages 1074 and 1075 of the Council
packet in the total amount of $1,865. The vote was unanim-
ously in favor. Motion carried.
LICENSE RENEWALS
The following licenses were submitted for approval:
New Cigarette License - Minnetonka Boat Rental
License Renewals:
Bowling: 8 lanes - Mound Lanes
Games of Skill: 1 - Al & Almas
5 - The Jock Club
Juke Box: 1 - American Legion
1 - VFW #5113
Pool Table: 4 - The Jock Club
2 - VFW #5113
Restaurant: Al & Almas
American .Legion #398
Domino's Pizza
D'Vinci's Mound
Happy Garden
Hardee's
House of Moy
The Jock Club
Mound Lanes
Taco Deli
VFW #5113
The Building Official stated she would like to see 30 days
licenses issued to the following businesses because they have
some items to comply with:
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April 26, 1988
1. D'Vinci's Mound - need a fire door closure
2. Happy Garden - need to install a grease trap
3. Taco Deli -need to relocate a water closet and install
a fire extinguisher
4. VFW #5113 -need to provide a dumpster enclosure
The Council agreed.
MOTION made by Johnson, seconded by Jensen to authorize the
issuance of various licenses to the businesses listed above,
except for the 4 listed by the Building Official which will
be issued a temporary license for 30 days so they will
comply with the conditions listed. After compliance the
regular license will be issued. The vote was unanimously in
favor. Motion carried.
PAYMENT OF BILLS
MOTION made by Johnson, seconded by Jensen to authorize the
payment of bills as presented this evening in the amount of
$339,676.21, when funds are available. A roll call vote was
unanimously in favor. Motion carried.
CHANGE ORDER #1 - PUBLIC WORRS FACILITY
The Engineer explained that the items in Change Order #1 were ail
Alternates that were approved when the bids were received and it
was. decided to treat the Alternates as Change Orders.
ITEM NO. 1
Alternate #4 - Underground Waste Oil Tank - $ 6,400
The City Manager explained that of the $6,400, 60%
of $3,840 will be reimbursed to the City from Hen-
nepin County through recycling. The remaining
$2,560 would come from the Recycling Budget.
ITEM NO. 2
Alternate #5 - Bollards - $ 3,300
ITEM NO. 3
Alternate #8 - Interior Roof Drainage Sys.-'$ 5,000
The Gity Engineer explained that mechanical engineer has not
yet decided if the deduct of $6,600 far the infrared heaters
can be taken but if it can this Change Order will only add
$1,700 to the cost.
Jessen moved and Johnson seconded the following resolution:
RESOLUTION #8$-72 RESOLUTION TO APPROVED THE PUBLIC WORKS
FACILITY CHANGE ORDER #1 IN THE AMOUNT
OF $14,700 TO LOEFFEL-ENGSTRAND
The vote was unanimously in favor. Motion carried.
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April 26, 1988
CLOSING OF BELMONT LANE- PUBLIC WORKS .FACILITY CONSTRUCTION
The City Manager explained that the Mr. Bickmann who owns the
property across Belmont Lane wants $4,000 for the use of ap-
proximately 11,000 to 12,000 square feet of land so that the con-
tractor building the public works facility can have a field of-
fice and store equipment during construction. The Council
thought the amount was too high.
MOTION made by Smith, seconded by Johnson authorizing the
closing of Belmont Lane from Lynwood Blvd. to the north edge
of the public works facility site for storage of equipment
and a field office during the construction of the facility.
The vote was unanimously in favor. Motion carried.
COUNTY ROAD 15 PROJECT EASEMENTS & TEMPORARY CONSTRUCTION PERMIT
The City Engineer explained that Hennepin County needs some City
owned land for right-of-way in two areas, one along Lost Lake and
the other just west of the Seton Bridge in the wetlands. They
have submitted Quit Claim Deeds for the City to execute. They
also need a Temporary Construction Permit. This is all in con-
junction with the County Road 15 Project. A resolution was sub-
mitted for approval.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #88-73 RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE QUIT CLAIM DEEDS.
FOR PERMANENT EASEMENTS AND A TEMPORARY
CONSTRUCTION PERMIT TO HENNEPIN COUNTY
FOR THE COUNTY ROAD 15 PROJECT (#8024)
The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. March 1988 Financial Report as Prepared by John Norman,
Finance Director.
B. Letter from Larry Kitto, Chair of Metropolitan Parks and
Open Space Commission, regarding the proposed parking lot on
Beachwood Road.
C. Pamphlet from the National League of Cities regarding the
3rd Annual City Innovation Conference to be held in St. Paul
May 19-21. Early Registration ends on April 29, 1988.
D. Memo from the LMCD on Fishing Contest Permits.
E. Park Commission Minutes of April 14, 1988.
F. Planning Commission Minutes of April 11, 1988.
J
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April 26, 1988
G. Councilmembers Phyllis Jessen, Skip Johnson, City Clerk Fran
Clark, Recycling Coordinator Joyce Nelson and City Manager
Ed Shukle attended the second annual recycling luncheon
sponsored by Hennepin County on April 21. Mound received an
award for recycling 7.6~ of its solid waste stream in 1987.
In 1986, Mound recycled 6~ of its solid waste stream. The
award has been placed next to the award received last year
in the City Council Chambers. Attached are graphs indicat-
ing the recycling statistics for the top 12 cities and his-
torical and projected funding of recycling programs in the
County.
EXECUTIVE SESSION
The City Council moved into Executive Session to discuss a a
pending prosecution case at 9:30 P.M..
The Council came back from Executive Session at 9:40 P.M.
CITY OF MOUND ys FRANK BUYSSE
The City Attorney related the background of this case and what
has happened in court so far. He stated that the court is asking
that the parties meet and attempt to come to an agreement to
resolve the matter. Mr. Buysse has made allegations that the
Council made statements to him regarding the case. The Council
decided to respond to the allegations of Mr. Frank Buysse.
Johnson moved and Jensen seconded the following resolution:
RESOLIITION #88-74 RESOLIITION RELATING TO THE CASE OF (CITY
OF MOUND) - STATE OF MINNESOTA VS FRANK
BUYSSE
The vote was unanimcusly in favor. Motion carried.
MOTION made by Jessen, seconded by Abel to adjourn at 9:45
P.M. The vote was unanimously in favor. Motion .carried.
_.. ,
Edward J. S~ukl'e; Jr. , Ci~y~M`anage
Fran Clark, CMC, City Clerk