1989-07-25116
July 25, 1989
MINUTES - MOUND CITY COUNCIL - JULY 25, 1989
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, July 25, 1989, at 7:30 P.M. in the
Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Steve Smith, Councilmembers Andrea Ah-
rens, Liz Jensen, Phyllis Jensen and Skip Johnson. Also present
were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark,
Attorney Curt Pearson, City Engineer John Cameron, Building Offi-
cial Jan Bertrand, City Planner Mark Koegler and the following
interested citizens: Bryan Clem, Ray Barnard, Orv Fenstad,
Mechelle Severson, John Friden, James & Sandra Ruud, Henry Spott,
Matt Ruppert, Robert Harding, Cliff & Carolyn Schmidt, Kay
Ostman, Wm. Thal, Jerry Tasa, Ron Johnson, Pat Meisel and Stan
Drahos.
The Mayor opened the meeting and welcomed the people in atten-
dance.
The Pledge of Allegiance was recited.
MINUTES
Councilmember Jensen asked that the following corrections be made
to the July 11, 1989, Minutes:
Page 113 - second to the last paragraph "make" be corrected
to read "maker"; and
Page 114 - Resolution #89-83 - the maker and seconder of the
motion was omitted.
MOTION made by Jessen, seconded by Ahrens to approve the
minutes of the July 11, 1989, Regular Meeting as corrected
and the July 18, 1989, Committee of the Whole Minutes as
submitted. The vote was unanimously in favor. Motion
carried.
PUBLIC HEARING: DELINQUENT UTILITY BILLS
City Manager Ed Shukle explained that the revised amount was
$4,250.73. The Mayor opened the Public Hearing. There was no
response. The Mayor closed the Public Hearing.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION 89-85 RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF $4,250.73
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE TO THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
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July 25, 1989
CASE #89-828: ROBERT HARDING, 5238 SEABURY ROAD, LOTS 8 & 14,
BLOCK 24, WHIPPLE, PID #25-117-24 21 0078,
VARIANCE (RECOGNITION OF EXISTING NONCONFORMING
SETBACK)
The Building Official explained the request. The Planning Com-
mission recommended approval. Mr. Harding was present and agreed
with the nrobosed resolution.
Jensen moved and Jensen seconded the following resolution:
RESOLUTION #89-86 RESOLUTION TO RECOGNIZE AN EXISTING NON-
CONFORMING STRUCTURE TO ALLOW STRUCTURAL
MODIFICATIONS FOR LOTS 8 & 14, BLOCK 24,
WHIPPLE; PID #25-117-24 21 0078 (5238
SEABURY ROAD); P & Z CASE #89-828
The vote was unanimously in favor. Motion carried.
CASE #89-829: STEVEN SEVERSON (4500 WILSHIRE BLVD.), CAROL
STODOLA (4510 WILSHIRE BLVD.), & GORDON C. ANDER-
SON (2757 ANGLESSEY LANE, LOTS 3,4,5,6,7,8, SEly
1/2 OF LOT 2, AND 1/2 OF ADJACENT CARNARVON LANE,
BLOCK 6, AVALON, PID #'S 19-117-23 31
0018/0019/0014, MINOR SUBDIVISION
The Building Official explained that this was approved originally
in 1981 but the resolution was never filed and has now expired.
The Planning Commission recommended approval.
The City Attorney suggested that the filing of this resolution
could cause a problem with marketable title for all the persons
involved if all the necessary legal documents have not be
prepared and signed by all the parties holding interests in these
properties. He suggested that the applicants obtain the service
of an attorney to advise them of the proper course of action
before this resolution is approved.
MOTION made by Johnson moved,
this matter to a later date
obtain legal advice on the
prevent title problems later.
favor. Motion carried.
seconded by Ahrens to continue
o give the applicants time to
proper course of action to
The vote was unanimously in
CASE #89-831: JAMES & SANDRA RUUD, 2233 LYNWOOD BLVD., LOTS 35,
& PT OF 34, LYNWOLD ADDITION TO MOUND, PID #14-
117-24 43 0045, SETBACK TO PLACE AN ACCESSORY
BUILDING WITH NO PUBLIC RIGHT-OF-WAY
The Building Official explained the request. The Planning Com-
mission recommended approval.
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July 25, 1989
Mr. & Mrs. Ruud were present and asked that they be allowed to
construct the garage 18 feet from the east property line because
the ground drops off and they would have to bring in more fill.
Mr. Ruud further stated that the proposed resolution says the new
garage will be 25' x 25' and it should read 24' x 24'.
The City Attorney questioned the legal description in the
proposed resolution. The Building Official stated that it needed
to be corrected to read "Part of Lot 34, Koehler's Second Addi-
tion to Mound and Lot 35, Lynwood Addition to Mound.
The City Attorney recommended that the applicant have a survey,
make sure the property description is correct and get an updated
title opinion so that there are no marketable title problems
later. He further stated that the minutes should reflect that
this was his recommendation to the applicant and asked that a
copy of these minutes be placed in the applicant's property
jacket for future reference.
The applicant stated he had a title opinion when he purchased the
property in 1976 and requested that he not be required to obtain
a survey.
MOTION made by Smith, seconded by Ahrens to approve the
request with the following changes and additions: an 18'
setback to the east property line; a certified land survey
be submitted; the applicant to provide a corrected property
description; and the applicant be encouraged to get an up-
dated title opinion so that there are no marketable title
problems later.
The Council discussed the possibility of title problems.
The City Attorney recommended continuing the item for 2
weeks to allow the applicant time to consult an attorney
regarding the title problems he would be creating for him-
self.
The seconder withdrew her second and the maker withdrew his
motion.
MOTION made by Smith, seconded by Jessen to continue this
this item for two weeks. The vote was unanimously in favor.
Motion carried.
R~UEST FROM SKIP JOHNSON TO MOVE A HOUSE FROM ONE LOT TO
ANOTHER. ISLAND VIEW DRIVE TO MANCHESTER ROAD.
Councilmember Johnson removed himself from the Council for this
item.
The Building Official explained the request. The Building Offi-
cial explained that the Planning Commission recommended approval
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July 25, 1989
as the house is in the same neighborhood as the location to be
moved and it aesthetically fits into the area.
Bryan Clem, 4436 Manchester objected to the moving of the house
because his house and the house on the other side of the proposed
vacant lot are worth more structurally than the house to be moved
in. He further stated that the house does not fit into his
neighborhood. Mr. Clem brought up past considerations of moving
homes and stated the Council has denied them in the past.
Orv Fenstad, 4366 Wilshire Blvd., questioned Mr. Johnson on his
ownership of the house to be moved and stated it was a substan-
dard home.
Stan Drahos, 5016 Woodridge, stated he has done work in this
house and knows it is a nice home.
The Council discussed past proposed house movings and stated
their reason for not allowing the others was because the houses
did not aesthetically fit into the neighborhoods where they were
to be located.
The Council discussed the procedures followed on notification of
surrounding neighbors when a request of this nature arises.
MOTION made by Smith, seconded by Ahrens to have Mr. Johnson
submit an application for the moving of this home; have the
Building Official do a detailed walk through of the home and
report on what needs to be done to bring it up to current
building code requirements; refer this item back to the
Planning Commission for a public hearing notifying the af-
fected neighbors; and then bring it back to the Council for
final disposition. The vote was 4 in favor. Motion
carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
There were none.
RESOLUTION ACCEPTING AND APPROVING THE AUDIT AND FINANCIAL REPORT
FOR 1988
Jensen moved and Johnson seconded the following resolution:
RESOLUTION #89-87 RESOLUTION ACCEPTING AND APPROVING THE
AUDIT AND FINANCIAL REPORT FOR 19$8
The vote was unanimously in favor. Motion carried.
FENCE VARIANCE - BEHIND BALBOA BUSINESS CENTER
The City Planner explained the request. He further stated that
the Zoning Code does not adequately address allowable heights for
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July 25, 1989
fences in industrial areas. The Planning Commission did recom-
mend approval.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #89-88 RESOLUTION TO ALLOW THE PROPOSED 6~ HIGH
WOODEN FENCE TO BE ERECTED BEHIND THE
BALBOA BUSINESS CENTER (LYNWOOD BLVD.)
i`
The vote was unanimously in favor. Motion carried.
PRESENTATION OF A REPORT ON THE FUTURE UPGRADING OF CITY HALL
FACILITIES AS DEVELOPED BY THE CITIZENS TASK FORCE ON PUBLIC
FACILITIES, PAT MEISEL, CHAIRPERSON
Pat Meisel presented the report on the future expansion of City
Hall that was prepared by the Citizen's Task Force on Public
Facilities.
City Engineer John Cameron reviewed the existing conditions and
proposed expansion and remodeling of City Hall. He reported that
the preliminary cost estimate for the total new addition and
remodeling project is $886,064.00. The new addition estimated
cost of $576,576, less the elevator and site work, works out to
be approximately $70.00 per square foot.
Pat Meisel stated that the Task Force would like to see this
acted upon by September of this year so that ground breaking
could be in early 1990. The Council discussed holding public
hearings and how they would finance this project. They decided
to set two public hearings, one August 22nd and one September
12th with tours of the building prior to the hearings.
Councilmembers Ahrens, Johnson, and Mayor Smith stated they felt
this expansion should be tied to the decision on what to do with
the the Lost Lake stock pile site. Councilmembers Jensen and
Jensen stated they did not believe this was appropriate.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION #89-89 RESOLUTION OFFICIALLY ACCEPTING THE
REPORT FROM THE CITIZEN~B TASK FORCE ON
PUBLIC FACILITIES REGARDING THE FUTURE
EXPANSION OF CITY HALL
J
The vote was unanimously in favor. Motion carried.
The Council thanked the Task Force for the time and effort they
put forth on studying and reporting to the Council.
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July 25, 1989
BID AWARD: CURBSIDE COLLECTION OF RECYCLABLES
The City Manager reported that only one bid was received from
BFI. Waste Management submitted a letter stating they could not
meet the start up date of September 1, 1989. The bid from BFI
was as follows:
Bi-monthly - $1.45 per household
Weekly - $2.05 per household.
They will pick-up on a two day schedule, Mondays and Tuesdays of
the first and third weeks of the month. The time frame of the
contract will be from September 1, 1989 thru December 31, 1990,
with the option of going with weekly pick-up anytime after
January 1, 1990.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #89-90 RESOLUTION TO ACCEPT THE BID OF BFI FOR
THE BI-MONTHLY RECYCLING CURBSIDE PICR-
UP AS SUBMITTED
The vote was unanimously in favor. Motion carried.
ESTIMATED GENERAL LEVY FOR 1990
The City Manager explained that in order to comply with the cur-
rent Truth in Taxation law, the City must notify the Hennepin
County Auditor of an estimated levy by August 1, 1989. He fur-
ther explained that this can be lowered later, but if the City
does not notify the Auditor by the August 1st date, it could not
levy more than the 1989 levy limit.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #89-91 RESOLUTION ESTIMATING GENERAL LEVY FOR
1990 TO HENNEPIN COUNTY AUDITOR
The vote was unanimously in favor. Motion carried.
1989 SEAL COAT PROJECT
MOTION made by Jessen, seconded by Jensen to authorize final
payment to Allied Blacktop, in the amount of $33,731.58, for
the 1989 Seal Coat Project. The vote was unanimously in
favor. Motion carried.
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July 25, 1989
PAYMENT OF BILLS
MOTION made by Jensen, seconded by Johnson to authorize the
payment of bills as presented on the pre-list in the amount
of $143,122.30, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
ADD-ON ITEMS
BETHEL METHODIST CHURCH
Smith moved and Jensen seconded the following resolution:
RESOLUTION #89-92 RESOLUTION PROCLAIMING AUGUST 19 & 20
BETHEL UNITED METHODIST DAYS IN THE CITY
OF MOUND
The vote was unanimously in favor. Motion carried.
CDBG SUBRECIPIENT AGREEMENT (CONTRACT X90726)
Jensen moved and Johnson seconded the following resolution:
RESOLUTION #89-93 RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE A SUBRECIPIENT
AGREEMENT (CONTRACT #90726) WITH HEN-
NEPIN COUNTY FOR THE URBAN HENNEPIN
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM
The vote was unanimously in favor. Motion carried.
WAIVER OF WAITING PERIOD FOR GAMBLING LICENSE
MOTION made by Smith, seconded by Jensen to waive the 60 day
waiting period for a gambling permit for the Northwest Tonka
Lions to operate at the Mound Lanes. The City Clerk will
notify the Charitable Gambling Commission of the waiver.
The vote was 4 in favor with Johnson abstaining. Motion
carried.
ANSWER TO REQUEST FOR SIGNAGE INDICATING MOUND ON HIGHWAY 12
The City Manager presented the Minnesota Department of
Transportation's answer to Mound's request for signage on Highway
12 near County Road 15 West indicating Mound. They have denied
the request. The Council directed the City Manager to explore
the signage issue with other cities and then, if agreed to by
these cities, contact MN DOT again to see if they would approve
the request to place the area cities names on the sign.
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July 25, 1989
INFORMATION/MISCELLANEOUS:
A. Financial Report for June 1989, as prepared by the Finance
Director, John Norman.
B. Thank you note from Mary Lou & Jetty Philbrook.
C. LMCD Mailings.
The Council asked that Tom Reese, L.M.C.D. Representative
for Mound be requested to address the Council periodically
on items happening with the L.M.C.D. They asked that Mr.
Reese report to the Council on September 12, 1989.
D. Planning Commission Minutes - July 10, 1989.
E. Park Commission Minutes - July 13, 1989.
F. REMINDER: Annual National League of Cities Congress of
Cities to be held in Atlanta, Georgia, November 25-29, 1989.
Please let Fran know before August 28th if you are inter-
ested in attending. (You received this brochure
separately.)
MOTION made by Ahrens, seconded by Johnson to adjourn at
11:15 P.M. The vote was unanimously in favor. Motion
carried.
ward J. S u , Jr., City Man r
Fran Clark, CMC, City Clerk