1993-09-28September 28, 1993
MINUTES - MOUND CITY COUNCIL - SEPTEMBER 28, 1993
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
September 28, 1993, in the Council Chambers at 5341 Maywood Road, in said City.
Those present were: Acting Mayor Liz Jensen, Councilmembers Andrea Ahrens, Phyllis Jessen
and Ken Smith. Mayor Skip Johnson was absent and excused. Also present were: City
Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Building
Official Jon Sutherland and the following interested citizens: Gordon Anderson, Jan Gordon,
Dale Bakalyar, Dave Willette, Larry Pillar, and Ben Gaudette.
The Acting Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
MOTION made by Smith, seconded by Jessen to approve the Minutes of the
September 14, 1993, Regular Meeting, as submitted. The vote was unanimously in
favor. Motion carried.
1.1
CASE #93-043: MICHELLE SEVERSON, APPLICANT FOR 4500 WILSHIRE
BLVD., 4510 WILSHIRE BLVD., AND 2757 ANGLESSLY LANE., SUBDIVISION
- LOT LINE ADJUSTMENTS
The Building Official explained that this case was before the Council in 1989. It lagged for
some time because there were title problems. The title problems have now been resolved. The
Staff and Planning Commission recommended approval.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION//93-126
RESOLUTION TO APPROVE A SUBDIVISION TO
ALLOW THE REARRANGEMENT OF LOT LINES
AT LOTS 6, 7, 8, & 1/2 OF VAC. LANE, BLOCK 4,
AVALON (4510 WILSHIRE BLVD.), LOTS 4 & 5,
BLOCK 6, AVALON (4500 WILSHIRE BLVD.), AND
LOT 3 AND SEly 1/2 OF LOT 2, BLOCK 6, AVALON
(2757 ANGLESSLY LANE) P & Z CASE//93-043
The vote was unanimously in favor. Motion carded.
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Septel~ber 28, 1993
1.2
CASE #93-045: DALE & KELLE BAKALYAR, 3091 TUXEDO BLVD., LOTS 18,
19~ 20 & P/21, BLOCK 1, PEMBROKE, PID #19-117-23 34 0128, VARIANCE FOR
GARAGE ADDITION
The Building Official explained the request. The Planning Commission recommended approval.
Jessen moved and Ahrens seconded the following resolution:
RESOLUTION ~93-127
RESOLUTION TO APPROVE A VARIANCE TO
RECOGNIZE AN EXISTING NONCONFORMING
FRONT YARD SETBACK TO ALLOW
CONSTRUCTION OF CONFORMING ADDITIONS
TO 3091 TUXEDO BLVD., PART OF LOTS 18, 19, 20
& 21, BLOCK 1, PEMBROKE, PID //19-117-23 34
0128, P & Z CASE g93-045
The vote was unanimously in favor. Motion carried.
1.3
CASE//93-047: WILLETTE CONSTRUCTION, INC., 2561 WEXFORD LANE,
LOTS 4-13, BLOCK 7, SETON, PID //24-117-24 14 0001, VARIANCE FOR
GARAGE ADDITION
The Building Official explained the request. The City Attorney pointed out that the proposed
resolution should have a variance of 12' not 16' for the front east setback. The Council
discussed the driveway setback to the OHW. #1 in the Now, Therefore, Be It Resolved will
now read as follows:
The City does hereby approve a 12 foot front yard setback variance and a 2 foot
lake shore setback variance to allow the construction of a 22' x 22' garage
addition. A lake shore setback variance is also granted for the driveway. The
driveway shall be located so that the impact of the encroachment is minimal and
shall not exceed a 12 foot variance from the required 50 foot setback to the
OHW. The site plan shall be reviewed and approved by City Staff.
The Council agreed.
Smith moved and Ahrens seconded the following resolution:
319
September 28, 1993
RESOLUTION #93-128
RESOLUTION TO APPROVE A VARIANCE TO THE
FRONT YARD SETBACK AND LAKE SHORE
SETBACK TO ALLOW CONSTRUCTION OF A
GARAGE ADDITION AT 2561 WEXFORD LANE,
LOTS 4 THRU 13, BLOCK 7, SETON, PID//24-117-24
14 0001, P & Z CASE ~93-046
The vote was unanimously in favor. Motion carried.
1.4
PROCLAMATION - ADULT LITERACY AWARENESS WEEK, WESTONKA
ADULT BASIC EDUCATION PROGRAM - SEPTEMBER 27 - OCTOBER 3,
The Mayor read the proclamation.
Jessen moved and Smith seconded the following:
RESOLUTION g93-129
PROCLAMATION - ADULT LITERACY
AWARENESS WEEK, WESTONKA ADULT BASIC
EDUCATION PROGRAM - SEPTEMBER 27-
OCTOBER 3, 1993
The vote was unanimously in favor. Motion carried.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
There were none.
1.5
DISCUSSION: PARK & OPEN SPACE COMMISSION MEMBERSHIP/
COMPOSITION
The City Manager explained that this is being brought up because the POSC did not have a
quorum for their September meeting to interview prospective new members. There are currently
2 vacancies on the commission and there could be 2 more coming up shortly. The commission
consists of 9 Council appointed members.
The Council discussed reducing the number of members to 7 or leaving it as is. The Council
asked that Peggy call all POSC members and remind them to be at the October meeting for the
interviews. Councilmembers should also try to attend the interviews. No action was taken on
the commission membership/composition at this time.
320
RESOLUTIONS CANCELLING LEVIES
1.6
1.7
1.8
1.9
1.10
Smith
September 28, 1993
Ahrens moved and Smith seconded the following resolution:
RESOLUTION//93-130 RF~OLUTION CANCELLING THE LEVY ON THE
GENERAL OBLIGATION BONDS OF 1984 IN THE
AMOUNT OF $13,658.00
The vote was unanimously in favor. Motion carried.
Jessen moved and Ahrens seconded the following resolution:
RF~OLUTION//93-131 RESOLUTION CANCELLING THE LEVY ON THE
GENERAL OBLIGATION IMPROVEMENT BONDS
OF 1980 IN THE AMOUNT OF $4,552.00
The vote was unanimously in favor. Motion carried.
Ahrens moved and Jensen seconded the following resolution:
RESOLUTION//93-132 RESOLUTION CANCELLING THE LEVY ON THE
GENERAL OBLIGATION IMPROVEMENT BONDS
OF 1978 IN THE AMOUNT OF $15,183.00
The vote was unanimously in favor. Motion carried.
APPROVAL OF 2 GAMES OF SKILL LICENSES - AMERICAN LEGION
MOTION made by Ahrens, seconded by Smith to authorize the issuance of 2 Games
of Skill Licenses to the American Legion Post//398. The vote was unanimously in
favor. Motion carried.
AUTHORIZE MAYOR AND CITY MANAGER TO EXECUTE A SATISFACTION
OF MORTGAGE FOR JON SCHERVEN DOWNTOWN LOAN FROM 1984
moved and Jessen seconded the following resolution:
RESOLUTION//93-133
RESOLUTION AUTHORIZING MAYOR AND CITY
MANAGER TO EXECUTE A SATISFACTION OF
MORTGAGE FOR JON A SCHERVEN, 2271/2269
COMMERCE BLVD.
321
Septell~ber 28, 1993
The vote was unanimously in favor. Motion carried.
1.11
SET PUBLIC HEARING TO CONSIDER A MOVING BUILDING PERMIT TO
ALLOW THE MOVING OF A DETACHED GARAGE FROM 2010 SHOREWOOD
LANE. TO 2025 SHOREWOOD LANE
MOTION made by Ahrens, seconded by Smith to set October 12, 1993, 7:30 P.M.
for a public hearing to consider a moving building permit to allow the moving of a
detached garage from 2010 Shorewood Lane to 2025 Shorewood Lane. The vote was
unanimously in favor. Motion carried.
1.12 PAYMENT OF BILLS
MOTION nmde by Jessen, seconded by Smith to authorize the payment of bills as
presented on the pre-list in the amount of $100,757.30, when funds are available.
A roll call vote was unanimously in favor. Motion carried.
HOUSE OF MOY LAWSUIT
The City Attorney advised that a lawsuit was delivered to his office late Friday afternoon that
has three allegations as follows:
Removal of the crosswalk is a nuisance.
The City was negligent in making a decision to remove the crosswalk.
By taking out the crosswalk, the City took away their business and the expectancy of
them to have more business.
Acting Mayor Jensen asked what the House of Moy wants. The City Attorney stated there is
a Prayer for Relief. He further stated that the documents that were delivered to his office were
either miscopied or they weren't served because there is one page missing. There is no page
5. The only Prayer for Relief that he has is the starting of page 1 which is asking the judge to
declare that a public nuisance exists on Shoreline Drive, where the crosswalk and signs were
removed. They are asking that the City pay them in excess of $50,000 for their loss of
business.
No action was taken.
FLACK LAWSUIT
The City Attorney advised that we have received an extension to answer the Flack Lawsuit.
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SeDtember 28, 1993
POPULATION SIGNS
The City Manager advised that the person doing the signs had some problems, but he should be
heating from him by the end of the week on a projected date of installation.
LETTER FROM THE "YES FOR KIDS COMMITTEE"
The Council stated they have received letters from the "Yes for Kids Committee" asking the
Council to consider supporting their efforts on the School District referendum. The Council
decided they would discuss this at the next COW meeting.
INFORMATION/MISCELLANEOUS
August 1993 Revenue & Expenditure Report as prepared by Gino Businaro, Finance
Director.
B. LMCD Mailings.
C. REMINDER: Next C.O.W. meeting is scheduled for Tuesday, October 19, 1993.
The City Manager handed out a memo that was sent to the Planning Commission after the last
Council Meeting regarding the Park Dedication Fees.
There will be a Special Recycling Day again on October 16, 1993, 8:00 A. M. to 4:00 P.M.
REMINDER - WEST HENNEPIN HUMAN SERVICES PLANNING BOARD
The schedule for the West Hennepin Human Services Planning Board for the remainder of the
year is:
October 5 Andrea Ahrens
November 2 Phyllis Jessen
December 7 Ken Smith
Councilmember Jensen reviewed what happened at the meeting she attended on September 7th.
MOTION made by Smith, seconded by Jessen to adjourn at 8:50 P.M. The vote
was unanimously in favor. Motion carried.
~'~./xt,~'~,^ r C, ~/~tA~ EdwardJ' Shukle' Jr" City Manager
AttestS- cit~--Cler'~k -'
323
BILLS
--September 28, 1993
BATCH 3092
Total Bills
$100,757.30
$100,757.30