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1995-09-12Mound City Council September 12, 1995 MINUTES - MOUND CITY COUNCIL - SEPTEMBER 12, 1995 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 12, 1995, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Persons in attendance: Mayor Bob Polston, Councilmembers Andrea ^hrens, Mark Hanus, Phyllis Jessen. Councilmember Liz Jensen was absent and excused. Also present: City Attorney Curt Pearson, Assistant City Planner Bruce Chamberlain, Finance Director Gino Businaro, City Manager Ed Shukle and Acting City Clerk Linda Strong. The following citizens were also present: Marilyn Byrnes, June Estelle, Dorene Hanson, Jean Stortz, Tyler Stortz, Aaron Stortz, Rita Pederson, Mark Goldberg, Dock Meier, Tom Reese, Bill Morris, Jim Rose, Pam Myers, Mary Alexander, Karol and Bruce Charon, J. Ned Dow, Peter C. Meyer, Gordy Tulberg. The Mayor opened the meeting and welcomed those present. The Pledge of Allegiance was recited. 1.1 APPROVE THE MINUTES OF THE AUGUST 22, 1995 REGULAR MEETING. MOTION by Jessen, seconded by Ahrens and carried unanimously to approve the Minutes of the August 22, 1995 regular meeting. 1.2 PRESENTATION OF SURVEY RESULTS -WESTONKA COMMUNITY CENTER - DR. BILL MORRIS, DECISION RESOURCES, LTD. City Manager Ed Shukle stated the school district had appointed a task force of members from the community representing businesses and citizens. The task force met and created recommendations regarding a new community facility. The task force asked that the school district and the cities in the area do a professional statistical survey that could be done on a random sample basis by a professional firm. This survey would collect the interest of citizens in the area as to whether or not the facility that exists should continue to exist or if it should be demolished and a new community center be placed there or modify the existing center. He introduced Dr. Bill Morris, President of Decision Resources, Ltd. and Jim Rose. Mr. Shukle also introduced members of this task force that were present: Doc Meier, Westonka Seniors; Tom Reese, Citizen on Building Committee; Marilyn Byrnes, Citizen; Peter Meyer, Citizen; Ed Shukle, City of Mound. Dr. Bill Morris presented survey results pertaining to the development of a new community center and he used figures that represented only Mound residents. 189 residents were surveyed in Mound by phone. Awareness of this project was about 33%. About 40% favored a new development, 25% unfavorable, 17% mixed and 17% had no decision. A swimming facility was assumed as a key feature. 51% surveyed in Mound were in favor 440 Minutes- Mound City Council September 12, 1995 of a new center concept, 23% were opposed. The overall results of the survey from all Of the involved cities was favorable. Dr. Morris stressed the success would depend on marketing the center. The Mayor thanked Dr. Morris and Mr. Rose. The City Manager indicated that the purpose of this presentation was to present the results of the survey. He added that the task force will continue to meet and will be following up with a recommendation to be made to the School District and various cities surveyed as to what the next step should be, i.e., pursue the demolition of the existing center and build a new center, modify the existing structure, etc. 1.3 APPROVAL OF PROPOSED QUANTITATIVE SURVEY - COMMONS TASK FORCE - MARK GOLDBERG, CHAIR Mark Goldberg, Chair of the Commons Task Force, introduced members of the task force that were present: Marilyn Byrnes, Gordy Tulberg and Rita Pederson. He stated the objective of the task force was to define and resolve problems and priorities of the commons dock program. He briefly discussed with the Council the proposed survey that would be mailed in September to all commons dock holders and about 100 citizens at large. As Councilmember Liz Jensen was absent, consensus was to discuss the survey at the Committee of the Whole meeting on September 19, 1995 when the entire Council would be in attendance. Mark stated the survey would be anonymous but the commons areas would be identified. Councilmem ber Jessen questioned the assumption of "multiple dock slip systems", indicating this was not a part of the current dock program. Also, she questioned the "private structures on commons" and the responsibility of owners, private structures were not allowed on commons. Mark will have the survey reviewed by a market research company. The task force hopes to have the surveys returned by October 1st, allowing the task force to have one and one half months to review and present recommendations to the Council by the first meeting in December. 1.4 CASE #95-34: REQUEST FOR A LAKESIDE SETBACK VARIANCE FOR A POOL, AND/OR DECK OR FENCE AT 2459 LOST LAKE ROAD, LOTS 15, BLOCK 1, PID #24-117-24 22 0029. Bruce Chamberlain, Assistant City Planner and Economic Development Coordinator, stated the owners have applied for a variance to allow for the construction of a pool within the 50 foot setback to the ordinary high water. Two options were requested to be approved as the below ground pool may not be permitted due to soil conditions (a soil test is pending). Dorene Hanson was present. The Planning Commission recommended approval of the resolution. Councilmember Polston moved, and Councilmember Jessen seconded the following resolution: 441 Minutes - Mound City Council September 12, 1995 RESOLUTION #95-89 RESOLUTION TO APPROVE A LAKESIDE SETBACK VARIANCE FOR A POOL, AND/OR DECK OR FENCE AT 2459 LOST LAKE ROAD, LOT 15, BLOCK 1, LOST LAKE, PID #24-117-24 22 0029. P & Z CASE #95-34 The Council discussed this subdivision. Councilmember Hanus stated the Planning Commission considered recommending this subdivision be rezoned a special zone to allow for these special uses. City Attorney Curt Pearson was hesitant in creating special use zones. The vote was unanimously in favor. Motion carried. 1.5 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.6 RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980 IN THE AMOUNT OF $3,123. City Manager Ed Shukle stated there are sufficient funds to cover the principal and interest due so the levy needed to be cancelled. Councilmember Jessen moved and Councilmember Hanus seconded the following resolution: RESOLUTION #95-90 RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION BONDS ON 1980 IN THE AMOUNT OF $3,123. The vote was unanimously in favor. Motion carried. 1.7 REQUEST FOR STOP SIGN AT RESTHAVEN AND THREE POINTS BLVD. City Manager Ed Shukle stated a petition had been received from residents of the area, the Police and Public Works Departments had reviewed this request and concurred to change the 'Yield" sign to a "Stop" sign on Resthaven at the intersection of Resthaven and Three Points Blvd. Councilmember Ahrens moved and Councilmember Hanus seconded the following resolution: RESOLUTION #95-95 RESOLUTION TO REMOVE YIELD SIGN ON RESTHAVEN LANE AND THREE POINTS BLVD. AND INSTALL A STOP SIGN ON RESTHAVEN LANE AND THREE POINTS BLVD. 442 Minutes - Mound City Council September 12, 1995 The vote was unanimously in favor. Motion carried. 1.8 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF RELATING TO THE $160,000 COMMERCIAL DEVELOPMENT REVENUE NOTE OF 1980 (VICTOR J, JUDE DENNIS J. OAS, RALPH J. SMITH PROPERTIES PROJECT) AND DOCUMENTS RELATING THERETO. City Attorney Curt Pearson stated a bond was issued by the City on behalf of Jude Candy Company in 1980, it is called an Industrial Revenue Bond. The property has been sold and the bank is asking that the terms be changed to extend the payment terms to the new borrowers. This has no effect on the City. This resolution extends the payment time to the new borrowers. Councilmember Ahrens moved and Councilmember Jessen seconded the following resolution: RESOLUTION #95-91 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF RELATING TO THE $160,000 COMMERCIAL DEVELOPMENT REVENUE NOTE OF 1980 (VICTOR J, JUDE DENNIS J. OAS, RALPH J. SMITH PROPERTIES PROJECT) AND DOCUMENTS RELATING THERETO. The vote was unanimously in favor. Motion carried. 1.9 PRESENTATION OF THE 1996 PROPOSED BUDGET City Manager Ed Shukle presented the 1996 Proposed Budget for the City of Mound with the Council. The Council needs to adopt the preliminary budget and proposed levy as it has to be certified to Hennepin County by September 15, 1995. Public hearings need to be scheduled between November 29th and December 20th, which will allow the Council and the public time to analyze the proposed budget. Council consensus on public hearing dates were Wednesday, December 6, 1995, reconvene, if needed, on Wednesday, December 13, 1995. Also Council agreed to move the December 26th regular meeting up to December 19, 1995. Councilmember Ahrens moved and Councilmember Hanus seconded the following resolution with the public hearing dates changed to December 6th and 13th: RESOLUTION #95-92 RESOLUTION APPROVING THE 1996 PRELIMINARY GENERAL FUND BUDGET IN THE AMOUNT OF $2,474,220; SETTING THE PRELIMINARY LEVY AT $1,850,295 LESS THE HOMESTEAD AGRICULTURAL CREDIT (HACA) OF $485,095, RESULTING IN A PRELIMINARY CERTIFIED LEVY OF $1,365,200; APPROVING THE PRELIMINARY 443 Minutes - Mound City Council OVERALL BUDGET HEARING DATES. The vote was unanimously in favor. Motion carried. September 12, 1995 FOR 1996; AND SETTING PUBLIC 1.10 RESOLUTION APPROVING A LEVY NOT TO EXCEED $24,000 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATIONS, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND FOR THE YEAR 1996. City Manager Ed Shukle informed the Council that Pinky Charon, Executive Director of the Mound Housing and Redevelopment Authority had resigned and the new Executive Director is Arlene Donahue. She will start in October, 1995. Councilmember Jessen moved and Councilmember Ahrens seconded the following resolution: RESOLUTION #95-93 RESOLUTION APPROVING A LEVY NOT TO EXCEED $24,000 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATIONS, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND FOR THE YEAR 1996. The vote was unanimously in favor. Motion carried. 1.11 APPLICATION FOR A SIGN PERMIT - QUASI - PUBLIC FUNCTION PORTABLE SIGN - MWHS. HOCKEY BOOSTER MOTION by Hanus, seconded by Ahrens and carried unanimously to approve the application for a sign permit for a portable sign for the Mound Westonka Hockey Boosters. 1.12 APPROVAL OF REDUCTION OF LETTER CONSTRUCTION - PELICAN POINT. OF CREDIT - BOYER City Manager Ed Shukle stated the city engineer had received a request from Boyer Construction to reduce the letter of credit for Pelican Point Subdivision. The recommended amount is $25,900. MOTION by Ahrens, seconded by Hanus, and carried unanimously, to approve the reduction in the amount of the letter of credit for Pelican Point 444 Minutes ~ Mound City Council Subdivision from $108,214 to $25,900. September 12, 1995 1.13 APPROVAL OF FIRST AMENDMENT TO DECLARATION OF PELICAN POINT TOWNHOMES, COMMON INTEREST COMMUNn'¥ NO. 738. City Attorney Curt Pearson stated the developers installed an underground irrigation system and an entrance sign on the public right-of-way without knowledge to the city engineer. This resolution allows the Pelican Point Homeowners Association the right to maintain the sprinkler system and to maintain the entrance monument which are on the public right-of-way. Councilmember Hanus moved and Councilmember Ahrens seconded the following resolution: RESOLUTION #95-94 RESOLUTION TO APPROVE THE FIRST AMENDMENT TO DECLARATION OF PELICAN POINT TOWNHOMES ALLOWING THE ASSOCIATION THE RIGHT OF MAINTAINING AN IRRIGATION SYSTEM AND ENTRANCE MONUMENT ON THE PUBLIC RIGHT-OF-WAY. The vote was unanimously in favor. Motion carried. 1.14 PAYMENT OF BILLS. MOTION by Jessen, seconded by Hanus and carried unanimously to authorize the payment of bills as presented on the pre-list in the amount of $456,930.02, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.15 IN FORMATION/MISC ELLAN EOUS: AD B. C. D. E. DEPARTMENT HEAD MONTHLY REPORTS FOR AUGUST, 1995. LMCD REPRESENTATIVE'S MONTHLY REPORT FOR AUGUST, 1995. LMCD MAILINGS. COMMONS TASK FORCE MINUTES OF 8-15-95. INFORMATION FROM NATIONAL LEAGUE OF CITIES (NLC) RE: VOTING AND ALTERNATE DELEGATES TO THE ANNUAL CONGRESS 445 Minutes - Mound City Council September 12, 1995 OF CITIES CONFERENCE IN PHOENIX LATER THIS YEAR. The two councilmembers attending decided Mark Hanus would be the voting delegate and Andrea Ahrens would be the alternate delegate. LETTER DATED AUGUST 23, 1995 FROM JIM GRUBE, HENNEPIN COUNTY TRANSPORTATION DIVISION ENGINEER RE: WARNING LIGHT REQUEST AT CSAH 15 CROSSWALK NEAR THE HOUSE OF MOY. PLANNING COMMISSION MINUTES OF 8-28-95. CORRESPONDENCE FROM VINCENT FORYSTEK RE: 3137 INVERNESS LANE AND PROPERTY VALUATION DETERMINED BY COUNTY ASSESSOR, LOCAL BOARD OF REVIEW, COUNTY BOARD OF REVIEW. I HAVE ALSO HAD PHONE CONVERSATIONS WITH MR. FORYSTEK. HE IS ANGRY WITH HENNEPIN COUNTY. I HAVE ASKED THE COUNTY ASSESSOR TO ADDRESS HIS CONCERNS. MR. FORYSTEK WANTED ME TO SHARE THIS INFORMATION WITH YOU. PLEASE NOTE THAT DR. BILL MORRIS, DECISION RESOURCES, LTD., WILL BE PRESENT TUESDAY EVENING TO PRESENT SURVEY RESULTS ON THE WESTONKA COMMUNITY CENTER. HE WILL ALSO BE MAKING A PRESENTATION AT THE SCHOOL BOARD MEETING ON MONDAY, SEPTEMBER 11, 1995 AT 7:00 PM. YOU ARE INVITED TO ATTEND THE SCHOOL BOARD MEETING, IF YOU ARE INTERESTED. REMINDER: COMMITTEE OF THE WHOLE MEETING, TUESDAY, SEPTEMBER 19, 1995, 7:30 PM. MOTION by Jessen, seconded by Ahrens and carried unanimously to adjourn the meeting at 9:40 PM. Attest: Acting 446 BILLS September 12, 1995 Batch 5083 Batch 5084 Total Bills $327,323.91 129,606.11 $456,930.02 447