1996-03-12MINUTEg - MOUND CITY COUNCIL - MARCH 12, 1991
The City Council of Mound, Hennepin County, met in regular session on Tuesday, March 12,
1996, at 7:30 PM, in the council chambers at 5341 Maywood Road, in said City.
Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Liz Jensen.
Councilmembers Mark Hanus and Phyllis Jessen were absent and excused. Also present were:
City Manager Ed Shukle and City Attorney John Dean.
Mayor Polston opened the meeting.
The Pledge of Allegiance was recited.
1.1 RECYCLOTTO WINNER
Mayor Polston announced that Charles Auger, 1769 Lafayette Lane, was the winner of 150
Westonka Dollars for his recycling efforts.
1.2 APPROVE MINUTES OF THE FEBRUARY 27, 1996 REGULAR MEETING.
Councilmember Jensen asked for a clarification on page 4 of the February 27, 1996 Minutes,
related to a question that was asked by Councilmember Hanus who was concerned about keeping
CDBG funds within the City, working to help those in need. She did not understand what this
referred to. City Manager Ed Shukle explained that approximately $50,000 was allocated for
the purposes of rehabilitating private property. He stated that these monies are used in Mound
for this purpose and are awarded based on income guidelines established by HUD and Hennepin
County. He explained that there is usually a waiting list and if the money is not spent over a
3-4 year period, would go back to Hennepin County. Every effort is made to try to spend the
money within the City of Mound.
MOTION by Ahrens, seconded by Polston and carried unanimously to approve the
Minutes of the February 27, 1996 Regular Council Meeting.
1.3 CONTINUED DISCUSSION: RECOMMENDATION FROM PARKS AND OPEN
SPACE COMMISSION RE: DETERMINATION OF ABUTTING STATUS FOR
4700 WILSHIRE BLVD.
The City Manager explained that this had been on the February 27, 1996 agenda. The City
Council had asked the city attorney to provide an opinion on whether this particular dock
location would be considered an abutting dock to the property as listed above, me city attorney
referred it to Mr. John Dean, Acting City Attorney, who then provided an opinion. Mr. Dean
explained the request and how he could determine that it deserves an abutting status. He stated
that under Section 437.05, Subd. 7A, that an abutting owner has first priority for a City
designated dock located within his or her lot lines extended to the shoreline. He further stated
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Minutes - Mound City Council
March 12, 1996
that two dements are required: 1). That the property is abutting on Commons, and;
property lines, when extended across the Commons, contain an area of lakeshore.
several assumptions, which are as follows:
2). The
He listed
3.
4.
5.
The dimensions and street and lot locations shown in the official plat of SETON
are correct.
The lakeshore location depicted at page 814 of the February 27, 1996 council
agenda is correct.
Resolution No. 84-17 vacating a portion of Excelsior is in full force and effect.
Richard Jacobson is the owner of at least, Lot 1, Block 31, SETON together with
the west one-half of vacated Excelsior.
Excelsior is a commons which is part of the City's dock program. The vacated
portion of Excelsior is no longer part of the common.
He further stated that the ordinance contains no definition for the term abutting. Consequently,
the Council is free to select from among the possible definitions, the one which most closely
accomplishes its objectives. Following the vacation of a portion of Excelsior, Lot 1, Block 31,
SETON, touches the commons at its northeast comer. If the Council accepts the definition, the
first element of the ordinance is satisfied. With regard to contained shoreline, Mr. Dean
explained that between the extended north and south lot lines of Lot 1, Block 31, a small area
of commons shoreline is contained. That area has four characteristics which seem to be present
in all first priority locations. He reviewed these with the Council via a transparency:
2.
3.
4.
The property abuts the commons
The extended property lines contain a shoreline
At least part of the contained shoreline is not in private ownership
No private property is located between the abutting commons and the First
Priority Shoreline
Therefore, Mr. Dean is of the opinion that the Council could use the extended Lot 1 line to set
the north boundary, and the dock location becomes abutting. The City Council briefly
discussed it and directed the city attorney to prepare a resolution approving the abutting status
to be brought back at the next regular meeting.
1.4
SET PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL
USE PERMIT TO ALLOW A DRIVE-IN BUSINESS SERVING FOOD AND
BEVERAGES AT 2242 COMMERCE BLVD. PARTS OF LOTS 40-46, PID 13-11%
24 33 0073, BRICKLEY'S MARKET, SUGGESTED DATE, APRIL 9, 1996.
MOTION by Ahrens, seconded by Jensen and carried unanimously to set the public
hearing for April 9, 1996, at 7:30 PM.
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Minutes - Mound City Council March 12, 1996
1.5 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT,
Mayor Polston asked if there were any comments and suggestions from citizens present. There
being no citizens present, they moved onto the next item on the agenda.
1.6 PAYMENT OF BILLS.
MOTION by Polston, seconded by Jensen to authorize the payment of bills as
presented on the pre-list in the amount of $249,537.08, when funds become
available. A roll call vote was unanimously in favor. Motion carried.
1.7 LICENSE RENEWALS
The following licenses are up for renewal. The license period is April 1, 1996 through March
31, 1997. Approval is contingent upon all required forms, insurance, etc. being submitted.
Hawker
Blue Bell Ice Cream
Set-Up License
A1 & Alma's Supper Club
Tree Removal License
Aaspen Tree Service
Emery's Tree Service
Four Season's Tree Service
Randy's Tress Service
Shorewood Tree Service
The Tree-Stump Co.
Woodsmen Tree Service
Precision Landscape
MOT/ON by Polston, seconded by Ahrens and carried unanimously to approve the
licenses as submitted. Motion carried.
1.8
INFORMATION/MISCELLANEOUS:
DEPARTMENT HEAD MONTHLY REPORTS FOR FEBRUARY, 1996.
LMCD REPRESENTATIVE'S REPORT FOR FEBRUARY, 1996.
LMCD MAILINGS.
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Minutes - Mound City Council
March 12, 1996
REMINDER: PUBLIC HEARINGS RE: MCTO BUS SERVICE TO MOUND.
NEAREST LOCATION IS WAYZATA CITY HALL COUNCIL CHAMBERS,
THURSDAY, MARCH 14, 1996, 7 PM.
DUE TO LACK OF A QUORUM, THE MARCH 19, 1996 COMMrlTEE OF
THE WHOLE MEETING IS CANCELLED.
1.9 M(~TO SERVICE CHANGE
Mayor Polston asked a question regarding the MCTO bus service to Mound. He indicated that
the Senior Citizens and others were going to be attending the public hearing in Wayzata on
March 14th. He suggested that a resolution be prepared and faxed to the MCTO officials prior
to the public hearing. The resolution should incorporate the need for service for persons on part
time jobs who need to get to Ridgedale and other places during off peak hours. In addition,
students, who don't have driver's licenses, but must get to different places at different time of
the day need to have bus service. Also, the elderly are affected by the proposed reduction in
service. Other alternatives for bus service ought to be researched in lieu of service reduction.
The City Manager will prepare a resolution and have it sent to the MCTO prior to the public
hearing.
Mayor Polston moved and Councilmember Jensen seconded the following resolution:
RESOLUTION g96-29
RESOLUTION OPPOSING REDUCTIONS IN MCTO
TRANSIT SERVICE TO THE CITY OF MOUND.
The vote was unanimously in favor. Resolution passed.
The City Manager aim noted that the sales data books, as prepared by the Hennepin County
Assessor's Office were now ready for distribution to the Council. This information will be of
some assistance for the Council as they prepare for the April 23, 1996 Board of Review
meeting.
MOTION by Jensen, seconded by Ahrens and carried unanimously to adjourn the
meeting at 7:57 PM.
Minutes submitted by City Manager Ed Shukle.
118
BILLS
.March 12, 1996
BATCH 6023
$130,254.96
BATCH 6024
119,282.12
Total Bills
$249,537.08
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