1988-09-27146
September 27~, 1988
MINUTES - MOUND CITY COUNCIL - SEPTEMBER 27, 1988
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, September 27, 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, Water & Sewer
Superintendent Greg Skinner, Street Superintendent Geno Hoff,
Building Official Jan Bertrand, and'the following interested
citizens: Janet and Douglas Nelson, Cecile Woods, Jeanette
Gellman, Ellen Brenden, Rev. Donald Germain, Mark .Anderson, Paul
and Mary Jereczek, Phil & Eva Hasch, Mr. & Mrs. Thomas Arbogast,
Mr. & Mrs. Mark McCurdy, Neil Anderson, Suzanne Anderson, Andrea
Ahrens, Gene Strommen, Tom Reese, Don & Marsha Jerdee, Linda
Cordie, Fred Hanley, Tim King, Doug Thelen, Paul Bennyhoff,
Dayton Williamson, Mark Anderson, Fritz Widmer, Gary Heines, Vic
Cossette, James Musech, and Susan Morrisey.
The Mayor opened the meeting and welcomed the people in atten-
dance.
The Pledge of Allegiance was recited.
MINIITES
MOTION made by Jensen, seconded by Jessen to approve the
minutes of the September 20, 1988, Regular Meeting, •as sub-
mitted. The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: DELINOUENT IITILITY BILLS
City Manager Ed Shukle explained that the revised amount was
$3,145.48. The Mayor opened the public hearing. There was no
response. The Mayor•closed the public hearing.
Johnson moved and Abel seconded the following resolution:
RESOLUTION 88-81 RESOLUTION TO APPROVE THE DELINQUENT
IITILITY BILLS IN THE AMOUNT OF $3,145.48
• AND AUTHORIZING THE STAFF TO SHUT-OFF
' WATER SERVICE TO THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
CONTINUED PUBLIC HEARING._ DRUMMOND ROAD__ STORM SEWER AND
STREET IMPROVEMENT ASSESSMENT -
LOTS 8 & 9. BLOCK 12, DEVON
The City Engineer explained that the City Attorney has prepared a
resolution for Council consideration which includes the findings.
147
September 27, 1988
The City Attorney stated that an appraisal was done and the ap-
praisal indicated that the Mr. Hoese's property benefited by the
amount of the assessment.
The Mayor reopened the public hearing. There was no response.
The Mayor closed the public hearing.
Abel moved and Johnson seconded the following resolution:
RESOLIITION #88-136 RESOLIITION RELATING TO SPECIAL ASSESB-
MENTB FOR STORM SEWER IMPROVEMENTS ON
DRIIMMOND ROAD•
The vote-was unanimously in favor. Motion carried.
STREET IMPROVEMENT - REMAINDER OF DRIIMMOND ROAD
The City Engineer explained that the City has received a petition
for upgrading the remaining unimproved portion of Drummond Road,
west of Amhurst Lane by construction of a 16 foot wide bituminous
road with bituminous curbs. The cost of this would be shared by
the three property owners on the petition along with the City
which also owns abutting property. He has received bids on this
project and they were as follows:
Preferred Paving $5,265.00
G.L. Contracting $4,463.00
The total cost of the project, including. the City's expenses,
i.e. engineering, legal, fiscal and administrative costs, is
$4,900.00. He then presented the preliminary assessment roll
that would be assessed in 1989.
Janet Nelson, 4828 Island View Drive, stated that she is opposed
to the paving of the remainder of Drummond Road. The City En-
gineer pointed out that Mrs. Nelson was not being assessed for
this project.
Johnson moved and Abel seconded the following resolution:
RESOLIITION #88-137 RESOLIITION AIITHORIZING THE MAYOR AND
CITY MANAGER TO SIGN THE PETITION FOR
THE IMPROVEMENT OF THE REMAINDER OF
DRUMMOND ROAD
The vote was unanimously in favor. Motion carried.
Abel moved and Jensen seconded the following resolution:
RESOLIITION #88-138 RESOLIITION DETERMINING VALIDITY AND SIIF-
FICIENCY OF PETITION FOR PIIBLIC IMPROVE-
MENT
The vote was unanimously in favor. Motion carried.
148
September 27, 1988
Jessen moved and Jensen seconded the following resolution:
RESOLUTION #88-139 RESOLUTION ORDERING THE IMPROVEMENT OF
REMAINDER OF DRUMMOND ROAD
The vote was unanimously in favor. Motion carried.
Jensen moved and Johnson seconded the following resolution;
RESOLUTION #88-140 RESOLUTION DECLARING COST TO BE ASSESSED
AND ORD8R11~1G PREPARATION OF PROPOSED
ASSESSMENT
The vote was unanimously in favor. Motion carried.
Smith moved and Jensen seconded the following resolution:
RESOLUTION #88-141 RESOLUTION FOR HEARING ON PROPOSED
ASSESSMENT - DRUMMOND ROAD STREET IM-
PROVEMENT
The vote was unanimously in favor. Motion carried.
Johnson moved and Abel seconded the following resolution:
.RESOLUTION #88-142 RESOLUTION DESIGNATING NO PARKING ZONE
DRUMMOND ROAD BETWEEN AMHIIRST LANE AND
DEVON LANE
The vote was unanimously in favor. Motion carried.
Abel moved and Jessen seconded the following resolution:
RESOLUTION #88-143 RESOLUTION TO ACCEPT AND AWARD THE BID
FOR THE DRUI~II~tOND ROAD STREET IMPROVEMENT
TO G.L. CONTRACTING
The vote was unanimously in favor. Motion carried.
PUBLIC HEARINGS:
A. 1988 CBD PARRING_MAINTENANCE ASSESSMENT
The City Manager explained that he has only had one objection to
this years CBD Assessment and that came from John Bierbaum of
Commerce Place. The City Manager explained that Commerce Place
maintains their own parking lot entirely. He then explained he
has contacted Mr. Bierbaum who has .agreed to pay this year's
assessment, but he will be coming to a future Council Meeting to
request that this property be removed from the CBD parking main-
tenance district.
149
September 27, 1988
The Mayor opened the public hearing and there was no response.
The Mayor closed the public hearing.
Jensen moved and Abel seconded the following resolution:
RESOLUTION #88-144 RESOLUTION ADOPTING THE 1988 CBD PARKING
MAINTENANCE ASSESSMENT ROLL IN THE
AMOUNT OF $18,204.45 TO BE CERTIFIED TO
THE COIINTY AUDITOR AT 8$ INTEREBT - LEVY
#11159
The vote was unanimously in favor. Motion carried.
B. 1988 IINPAID TREE REMOVAL ASSESSMENT
The Mayor opened the public hearing and there was no response.
The Mayor closed the public hearing.
Abel moved and Jessen seconded the following resolution:
RESOLUTION #88-145 RESOLUTION ADOPTING THE IINPAID TREE
REMOVAL ASSESSMENT ROLL IN THE AMOUNT OF
$485.00 TO BE CERTIFIED TO THE COIINTY
AUDITOR AT 8$ INTEREST - LEVY #11160
The vote was unanimously in favor. Motion carried.
C. 1988 DELINOIIENT WATER & SEWER BILLS ASSESSMENT
The Mayor opened the public hearing and there was no response.
The Mayor closed the public hearing.
Johnson moved-and Jensen seconded the following resolution:
RESOLUTION #88-146 RESOLUTION ADOPTING THE DELINQUENT WATER
AND SEWER ASSESSMENT ROLL IN THE AMOUNT
' OF $3,991.35 TO BE CERTIFIED TO THE
COUNTY AUDITOR AT 8~ INTEREST - LEVY
#11161
The vote was .unanimously in favor. Motion carried.
D. 1988 UNPAID MOWING ASSESSMENT
The Mayor opened the public hearing and there was no response.
The Mayor closed the public hearing.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION #88-147 RESOLUTION ADOPTING IINPAID MOWING
ASSESSMENT ROLL IN THE AMOUNT OF $20.00
TO BE CERTIFIED TO THE COUNTY AUDITOR AT
8~ INTEREST - LEVY #11162
, 150
September 27, 1988
The vote was unanimously in favor. Motion carried.
E. 1988 UNPAID WEED REMOVAL ASSESSMENT
The Mayor opened the public hearing and there was no response.
The Mayor closed the public hearing.
Jessen moved. and Johnson seconded the following resolution:
RESOLUTION #88-148 RESOLUTION ADOPTING UNPAID WEED REMOVAL
ASSESSMENT ROLL IN THE AMOUNT OF $50.00
TO BE CERTIFIED TO THE COUNTY AUDITOR AT
8$ INTEREST - LEVY X111632
The vote was unanimously in favor. Motion carried.
Councilmember Abel asked to deviate from the Agenda and moved to
item #14. The Council agreed.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if there were any comments or suggestions from
the citizens present.
The following persons spoke against putting the sand and salt
storage area next to City Hall.
1. Marsha and Don Jerdee, 2521 Lakewood Lane
2. Linda Cordie, 2531 Lakewood Lane
3. Fred Hanley, 2511 Lakewood Lane
4. Tim King, 2447 Lost Lake Road
5. Doug Thelen, 2561 Lakewood Lane
Phil Haasch, 4810 Northern Road, suggested the Council use the
Westedge Blvd. site for materials storage. The Council explained
that site has been sold.
Neil Anderson, 5413 Church Road, suggested the Council look into
sharing an already existing site with another municipality.
Jeanette Gellman, 3056 Highland Blvd. suggested using the parking
lot behind the Post Office for materials storage.
CONTINUED DISCUSSION: 5440 LYNWOOD BLVD./PARKING FOR EMPLOYEES
The City Manager reported that he has contacted Bill Clark Oil
and Balboa regarding parking for the public works employees.
Bill Clark Oil stated they do not have any space available. Bal-
boa is willing to lease 10 spaces on a month to month basis for
.$250.00 per month or $25.00 per space. .
There was discussion on other options i.e. using the Central
Business District parking lot across from the Post
151
September 27, 1988
Office, parking at the Lost Lake materials storage site and car-
pooling to the public works facility.
MOTION made by Johnson, seconded by Smith to authorize the
City Manager to negotiate a lease with Balboa Corporation of
Minnesota for 6 parking spaces at not to .exceed $25.00 per
space per month. The vote was unanimously in favor. Motion
carried.
The Council then discussed what to do with the house at 5440 Lyn-
wood Blvd.
MOTION made by Smith, seconded by Johnson to place the City
owned house at-5440 Lynwood Blvd. on the market for sale at
the same price the City paid for it or the appraised value,
if that is higher. The vote was unanimously in favor. Mo-
tion carried.
SUPPLEMENTAL ASSESSMENTS:
The City Clerk explained that these are assessments for which
waivers have been signed.
Abel moved and Johnson seconded the following resolutions:
RESOLUTION #88-149 RESOLUTION LEVYING DEFERRED & SUPPLEMEN-
TAL ASSESSMENTS UPON WAIVER OF
FORMALITIES; DIRECTING PREPARATION OF
ABSTRACT & DIRECTING CERTIFICATION TO
THE COUNTY AIIDITOR, LEVY #1.1164 -
$3,656,30
The vote was unanimously in favor. Motion carried,
Abel moved and Johnson seconded the following resolutions:
RESOLUTION #88-150 RESOLUTION LEVYING DEFERRED & SUPPLEMEN-
TAL ASSESSMENTS UPON WAIVER OF
FORMALITIES; DIRECTING PREPARATION OF
ABSTRACT & DIRECTING CERTIFICATION TO
THE- COUNTY AUDITOR, LEVY #11165 -
$3,536.90
The vote was unanimously in favor. Motion carried
Abel moved and Johnson seconded the following resolutions:
u
1
RESOLUTION #88-151 RESOLUTION LEVYING DEFERRED ~ SUPPLEMEN- .
TAL ASSESSMENTS UPON WAIVER OF
FORMALITIES; DIRECTING PREPARATION OF
ABSTRACT & DIRECTING CERTIFICATION TO
THE COUNTY AUDITOR, LEVY #1116b -
$292.00
152
September 27, 1988
The vote was unanimously in favor. Motion carried
CASE #88-725: BETHEL METHODIST CHURCH, 2116 COMMERCE BLVD., LOT
10 & PART OF 32,-BLOCK 12, LAKESIDE PARR CROCRER~B
1ST ADDITION, PID #23-117-24 32 0128, SIGN
VARIANCE
The Building Official explained the request and stated that the
Planning Commission recommended not approving this request be-
cause the sign is almost double the size allowed in a residen-
tially zoned area.
The Council discussed. the request and reviewed the zoning map.
It was discovered that part of this property is in the B-1 zoning
district (central business district).
MOTION made by Johnson, seconded by Abel that a sign permit
be issued to the Bethel Methodist Church as requested, but
that the sign can only be placed on the portion of property
that is zoned B-1. The vote was unanimously in favor. Mo-
tion carried.
MOTION made by Johnson, seconded by smith to refund the
$50.00 variance application fee to Bethel Methodist Church
because a variance was not required.
ously in favor. Motion carried. The vote was unanim-
CASE #88-726: G.H. (FRITZ) WIDMER, LOT 26, LAFAYETTE PARR LAKE
MINNETONRA, PID #13-117-24 22 0016, MINOR SUBDIVI-
SION
The Building Official explained the .applicant is requesting a
subdivision of 30 feet from PID #13-117-24 22 0018 which would
then be added to PID #13-117-24 22 0016. The Planning Commission
recommended approval under the condition that the 30 feet be
added to PID #13-117-24 22 0016 and combined as one tax parcel.
The applicant agreed:
Abel moved and Jessen seconded the following resolution:
RESOLUTION #88-152 RESOLUTION WAIVING REQIIIREMENTS OF SUB-
DIVISION ORDINANCE FOR PART OF LOT 26,
LAFAYETTE PARR, LAKE MINNETONRA, PID
#13-117-24 22 0018
The vote was unanimously in favor. Motion carried.
CASE #88-728: JOEL DORREN & RALPH.REEVES - CONTRACT HOLDER
DONALD RNOBLOCR - FEE OWNER. 5042 AVON DRIVE, LOTS
8,9,10,11,12, BLOCK 4, SHIRLEY HILLS UNIT B, PID #
24-117-24 12 0018, MINOR SUBDIVISION
The City Manager explained that this item has been withdrawn at
153
September 27, 1988
this time and the applicant is applying for a vacation of the al-
ley that abuts his property.
MOTION made by Jessen, seconded by Jensen to set October 25,
1988, at 7:30 P.M. for a public hearing to consider the
vacation of an alley that abuts Lots 8-12, Block 4, Shirley
Hills Unit B. The vote was unanimously in favor. Motion
carried.
CASE #88-729: GARY HEINEB, CORNER OF CTY. RD. 110 & DICKENS
LANE. LOTS 1 ~ 2, BLOCK 13. THE HIGHLANDS, PID
#23-117-31 0050/0051, MINOR SUBDIVISION
The Building Official explained the request. The Council dis-
cussed rezoning the lots to R-3. The Council decided that be-
cause the lots are within the allowable 10~ lot area for the R-1
zoning they would approve a lot size variance. The builder
stated he would only build 2 single family homes on the lots.
The Council discussed the following conditions for the
subdivision:
1. The existing house which appears to straddle the two
new lots shall be removed.
2. The applicant shall coordinate utility access to the
site with the City Engineer and prepare any easements
necessary for the installation of services.
3. The applicant shall prepare a legal description of the
proposed lots that is in a form acceptable to Hennepin
County. A copy of the legal description shall be sub-
mitted to the City Engineer for review prior to filing
with the County.
4. The applicant shall pay the unit charge for street of
$1,768.45.
5. The- applicant will come in after the houses are built
and apply for a rezoning to bring all these lots under
1 zoning district.
Johnson moved and Abel seconded the following resolution:
RESOLUTION #88-153 RESOLUTION TO APPROVE A MINOR SUBDIVI-
SION AND LOT SIZE VARIANCE FOR LOTS 1 &
2, BLOCK 13, THE HIGHLANDS, PID #23-117-
24 31 0050/0051, WITH THE CONDITIONS P ~
Z CASE #88-729
The vote was unanimously in favor. Motion carried.
LMCD UPDATE - TOM REESE. CITY OF MOUND REPRESENTATIVE & GENE
STROMMEN. LMCD EXECUTIVE DIRECTOR
Mr. Reese and Mr. Strommen gave the Council. an oral update of the
activities of the L.M.C.D. There was discussion on the milfoil
weed problem in the lake.
154
September 27, 1988
APPOINTMENT OF REPRESENTATIVE TO L.M.C.D.
Mr. Reese asked to be reappointed.
Abel moved and Jensen seconded the following resolution:
RESOLUTION #88-154 RESOLUTION TO REAPPOINT TOM REESE AS
MOUND'S REPRESENTATIVE TO THE L.M.C.D. -
TERM EBPIREB 9-30-91
The vote was unanimously in favor. Motion carried.
R_QUEST FROM JAMES MIISECH. ATTORNEY FOR ARCO CENTURY/VIC COSSETTE
RE: RELEASE OF REVERSIONARY INTEREST
The City Attorney explained that he and the attorney for the
State Bank of Mound, Bill Koenig, have worked out an escrow
agreement and two Quit Claim Deeds, A & B. Mr. Cossette has ap-
plied for a conditional use permit. Conditions for the CUP have
also been drafted. These conditions have been added to Quit
Claim Deed B. Mr. Koenig will file the appropriate deed upon
completion of the CUP process.
Jensen moved and Johnson seconded the following resolution:
.RESOLUTION #88-155 RESOLUTION AIITHORIZING THE MAYOR AND
CITY MANAGER TO SIGN THE ESCROW AGREE-
MENT AND THE TWO QUIT CLAIM DEEDS (A &
B) - THE WESTERLY 50 FEET OF LOT 6,
AIIDITOR'8 SIIBDIVISION NO. 170.- ARCO
CENTURY, VIC COSSETTE
The vote was unanimously in favor. Motion carried.
REOIIEST FROM SUSAN MORRISEY. 2108 BELMONT LANE
The City Manager explained that Susan Morrisey has requested that
the City repair or replace her fence next to Belmont Park because
she contends the children who use the park are destroying it.
The Park Director reviewed the situation, took pictures of the
fence and is of the opinion that this fence is deteriorating due
to rot or weathering. This fence is also on private property.
The Council took no action on this item.
RESOLUTIONS CANCELLING LEVIES:
A. G.O. BONDS OF 1976 - $1,975.83
Johnson moved and Abel seconded the following resolution:
RESOLUTION #88-156 RESOLUTION CANCELLING THE LEVY ON THE
GENERAL OBLIGATION IMPROVEMENT BONDS OF
1976 IN THE AMOUNT OF $1,975.83
155
September 27, 1988
The vote was unanimously in favor. Motion carried.
B. G.O. BONDS OF 1978 - $15.957.00
Johnson moved and Abel seconded the following resolution:
RESOLIITION #88-157 RESOLIITION CANCELLING THE LEVY ON THE
GENERAL OBLIGATION IMPROVEMENT BONDS OF
1978 IN THE AMOUNT OF $15,9.57.00
The vote was unanimously in favor. Motion carried.
C. G.O. BONDS OF 197.9 - $18.396.00
Johnson moved and Abel seconded the following resolution:
RESOLIITION #88-158 RESOLIITION CANCELLING THE LEVY ON THE
GENERAL OBLIGATION IMPROVEMENT BONDS OF
1979 IN THE AMOUNT OF $18,396.00
The vote was unanimously in favor. Motion carried.
D. G.O. BONDS OF 1980 - $4,958.00
Johnson moved and Abel seconded the following resolution:
RESOLIITION #88-159 RESOLIITION CANCELLING THE LEVY ON THE
GENERAL OBLIGATION IMPROVEMENT BONDS OF
1980 IN THE AMOIINT OF $4,958.00
The vote was unanimously in favor. Motion carried.
E. G.O. BONDS OF 1982 - $15.800.00
Johnson moved and Abel seconded the following resolution:
RESOLIITION #88-160 RESOLIITION CANCELLING THE LEVY ON THE
GENERAL OBLIGATION IMPROVEMENT BONDS OF
1982 IN THE AMOIINT OF $15,800..00
The vote was unanimously in favor. Motion carried.
F. FIRE EOIIIPMENT CERTIFICATES OF 1984 - 511.000.50
Johnson moved and Abel seconded the following resolution:
RESOLIITTON #88-161 RESOLIITION REQIIESTING THE COUNTY AUDITOR
NOT TO LEVY .$11,000.50 FOR FIRE EQIIIP-
MENT CERTIFICATES OF INDEBTEDNESS OF
1984 '
The vote was unanimously in favor. Motion carried.
156
September 27, 1988
G. WATER REVENIIE BONDS OF 1976 - $19.?58.37
Johnson moved and Abel seconded the following resolution:
RESOLIITION X88-162 RESOLOTION REQIIESTING THE COUNTY AIIDITOR
NOT TO LEVY $19,758.37 FOR 1976 WATER
REVENIIE BONDS
The vote was unanimously in favor. Motion carried.
AMENDMENTS TO CABLE T.V. ORDINANCE
The City Manager explained that these amendments are necessary to
finalize the transfer of ownership in the cable television system
from Dowsat to Triax.
Smith moved and Abel seconded the following:
15-1988 AN ORDINANCE AMENDING CHAPTER 1?-A OF
THE CITY CODE RELATING TO CABLE COM-
MIINICATION FRANCHISE ORDINANCE
The vote was unanimously in favor. Motion carried.
PRESENTATION OF PROPOSED 1989 CITY OF MOIIND BIIDGET
The City Manager highlighted the proposed 1989 proposed Budget,
.General Fund and Enterprise Funds. ~ The Council decided to res-
chedule the Budget Hearing to Monday, October 3, 1988, at 6:30
P.M.
PAYMENT OF BILLS
MOTION made by Abel, seconded by Jessen to authorize the
payment of bills as presented on the pre-list in the amount
of $163,019.42, when funds are available. A roll call vote
was unanimously~in favor. Motion carried.
INFORMATION/MISCELLANEOIIS
A. Lake Level, Flow & Precipitation Summary for August 1988 as
Prepared by Minnehaha Creek Watershed District.
B. Notice from Metropolitan Council on Regional breakfast meet-
ing to be held, Tuesday, October 18, 1988, at Hopkins House,
7:30 A.M. to 9:00 A.M. Please let Fran know if you want to
attend by October 13, 1988.
MOTION made by Abel, seco e y J sen to adjour tat 1:20 P.M.
The vote was unanimously 'n vor. 1 o ion cart' d'
~.~ if`f M _ ~ f1~
Frar Clark, CMC, City Clerk rd J. Sh kl , Jr., y anager