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1986-08-2612b August 26, 1986 MINUTES - MOUND CITY COUNCIL - REGULAR MEETING AUGUST 26, 1986 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 26, 1986, at 7:30 P.M. in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen, Gary Paulsen, Russ Peterson and Steve Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorneys Curt Pearson and Jim Larson, City Engineer John Cameron, City Planner Mark Koegler, Sewer & Water Superintendent Greg Skinner, Street Superintendent Geno Hoff, Consultant Derick Dahlen, and the following interested citizens: Barbara Baukner, Steve Coddon, Peggy Bryant, Thomas Bergquist, Douglas Eaton, Jim Bedell, Sally Armitage, Nancy O'Brian and the following Contel representatives: Claude DeSanto, Milton Seeman, Martin Weinstein, Gary Haugen, Cheryl Grand. Mayor Polston opened the meeting and w elcomed the people in attendance. AGENDA CHANGES The Mayor stated that item 12 has been withdrawn, and there will be several items added at the end of the Agenda. MINUTES The Minutes were presented for consideration. The City Attorney stated that on page 120 of the Minutes, 2nd paragraph, the sentence should read: "The City Attorney pointed out that this amendment would make this section much less restrictive than the current ordinance." The rest of it should be deleted. MOTION made by Peterson, seconded by Smith to approve the Minutes of the August 12, 1986, Regular Council Meeting as amended. The vote Was unanimously in favor. Motion carried. The Mayor opened the public hearing and asked if there was anyone present who wished to address the Council regarding a delinquent utility bill. No one responded. The Mayor closed the public hearing. The City Manager reported that the total amount is down to $1,235.39• 127 August 26, 1986 Peterson moved and Paulsen seconded the following resolution: RESOLUTION #86-yb RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF #1,235.39 AND AUTHORIZING THE STAFF TO SHUTOFF WATER SERVICE FOR THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. The City Planner explained that since a new storm sewer system was installed in Three Points Blvd. the easements on these lots are no longer needed, but that the Engineer is recommending that the owner dedicate 5 foot drainage easements along the proposed new lot lines of the two parcels being created from Lots 5, 6, and 7. He further reported that the Planning Commission recommended approval of the vacation. Paulsen moved and Jessen seconded the following resolution: RESOLUTION #86-97 RESOLUTION VACATING CERTAIN UTILITY AND DRAINAGE EASEMENTS OVER, UNDER AND THROUGH LOTS 5 AND 6, BLOCK ~, REPEAT OF HARRISON SHORES The vote was unanimously in favor. Motion carried. r.asF #Rf_ ~1 A 5~2• STEVEN CODDON, LOTS 5, 6 ~ 7, BLOCK. 4, REPI.AT OF HARRISON SHORES, PID #1~-117-24 ~2 0052/0051/0050, FRONT YARD SETBACK VARI- ~NCE ~ SUBDIVISION The City Planner explained that Mr. Coddon has acquired additional property (now has a total of 3 lots) and would like to subdivide the 3 lots into 2, but because of the shallowlness of the lots needs front yard setback variances. The Staff and the Planning Commission have recommended approval. Paulsen moved and Peterson seconded the following resolution: RESOLUTION #86-98 RESOLUTION TO CONCUR W ITH THE PLANNING COMMISSION TO APPROVE FRONT YARD SETBACK VARIANCES FOR LOTS 5, 6, AND 7, BLOCK 4, REPEAT OF HARRISON SHORES, PID #13-117-2~+ 22 0050!0051/0052 (53XX THREE POINTS BLVD.) P ~ Z CASE #86-531 The vote was unanimously in favor. 128 August 26, 1986 Paulsen moved and Peterson seconded the following resolution: RESOLUTION #86-99 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE FINAL SUBDIVISION OF LAND FOR LOTS 5, 6, AND 7, BLOCK ~, REPEAT OF HARRISON SHORES ACCORDING TO THE RECORDED PLAT THEREOF, (53XX THREE POINTS BLVD.) P ~ Z CASE #86- 532 The vote was unanimously in favor. Motion carried. The City Engineer went over his letter on Page 1675 in the packet explaining that his proposed filling in of the ditch and installing storm sewer has been recommended for approval by Hennepin County and the Public Works Dept. Peterson moved and Paulsen seconded the following resolution: RESOLUTION #86-100 RESOLUTION TO APPROVE THE FINAL PLAT OF SETON PLACE, PID #24-117-24 14 0037/0038/0039/0013, LOTS 7, 8 & 9, BLOCK 29, AND PART OF LOT 6, BLOCK 18, SETON, P & Z CASE #86-507 AND 508 Councilmember Paulsen asked that the above item be added as #11 in the proposed resolution. The Council agreed. The vote was 3 in favor with Jessen and Smith voting nay. Motion carried. MOTION made by Jessen, seconded by Smith to set September 30, 1986, at 7:30 P.M. for a public hearing to consider the subdivisioni of land located at ~F6XX Lakeside Lane, PID #18- 117-23 32 0015/0016. The vote Was unanimously in favor. Motion carried. CASE #85 44~ • D M FRANKIF.~ 1599 GULL ,j~~., LOTS 11 ~ 12 BLOCK 1, WOODLAND POINT, PID #1~-117-24 ]~ 0107. yaRraturF TO RECOGNIZE EXISTING NONCONFORMING SET- BACK The City Planner explained that the request for a variance is to allow the existing building to be expanded to allow a 2616" by 10'6" second floor. The Staff and the Planning Commission 129 August 26 , 1 986 recommended approval upon the condition that a registered land survey be submitted showing the existing structure 12 feet from the south property line and 20 feet minimum to the east property line. Paulsen moved and Smith seconded the following resolution: RESOLUTION #86-101 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO RECOGNIZE AN EXISTING NONCONFORMING SETBACK FOR LOTS 11 AND 12, BLOCK 1, WOODLAND POINT, PID #13-117-24 12 0107 (1599 GULL LANE), P ~ Z CASE #85- 443 The vote was unanimously in favor. Motion carried. ce~F #86-55~• NANCY O~BRIAN_, 4568 Denb?gh Rd_, LOTS 9 ~ 10, ~ OCK ,a, AVALON PID #19-117-2~ 24 0011, SETBACK VAR ANCE FOR DETACHED GARAGE The City Planner explained the request. The Planning Commission recommended approval of the setback variance for a 24 x 26 foot garage. Ms. O~Brian was present and asked that the garage size be increased to 26 x 26 foot. The Council followed the Planning Commission's recommendation. Jessen moved and Peterson seconded the following resolution: RESOLUTION #86-102 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A FRONT YARD SETBACK VARIANCE FOR LOTS 9 ~ 10, BLOCK 2, AVALON ADDITION, PID #19- 117-23 24 0011 (4568 DENBIGH ROAD) P ~ Z CASE N0. 86-533 The vote was unanimously in favor. Motion carried. ~ LTNDQUTST~S RAVENSWOOD,. P1D #7~-77"!-Z4 ~7 UU77, ~FTBACK VARIANCE FOR DETACHED ACCESSORY BUILDING The City Planner explained the request and that the Planning Commission recommended approval. Peterson moved and Smith seconded the following resolution: RESOLUTION #86-103 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE A SIDE YARD SETBACK FOR LOT 13, SKARP & LINDQUIST~S RAVENSWOOD, PID #13-117-24 41 0011, (4908 EDGEKATER DR.) P & Z CASE #86-534 The vote was unanimously in favor. Motion carried. 130 August 26, 1986 CASE #86-5~8- JACK COOL, 4452 DENBIGH RD., LOT 2, BLOCK 1. AVALO~., PID #19-117-2~ 24 0002, SIDE YARD SETBACK AND FRONT YARD SETBACK VARIANCES The City Planner explained the request and what the Planning Commission recommended for approval. Jack Cook was present and requested that the Council allow him to build a 20 x 24 foot garage. The Council followed the Planning Commission recommendation. Paulsen moved and Peterson seconded the following resolution: RESOLUTION #86-104 RESOLUTION TO CONCUR W ITH THE PLANNING COMMISSION TO APPROVE A 3 FOOT SIDE YARD SETBACK AND 12.5 FOOT STREET FRONT SETBACK FOR LOT 2, BLOCK 1, AVALON, PID #19-117-23 24 0002, (4452 DENBIGH RD.), P ~ Z CASE #86-538 The vote was unanimously in favor. Motion carried. CASK #R6_5~9: L.ON STENDER, 502 CRESTVIEW RD., LOT 6, BLOCK 19, SHADYi~100D POINT,, PID #1~-117-24 12 0092, RE- COGNIZE EXISTING UNDERSIZED LOT ~ NONCONFORMING ,STRUCTURE, SIDE YARD SETBACK The City Planner explained the request and the Planning Commission's recommendation. Smith moved and Peterson seconded the following resolution: RESOLUTION #86-105 RESOLUTION TO CONCUR W ITH THE PLANNING COMMISSION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING UNDERSIZED PARCEL FOR LOT 6, BLOCK 19, SHADYWOOD POINT, PID #13-117-24 12 0092, (5032 CRESTVIEW RD.) P ~ Z CASE #86-539 The vote was unanimously in favor. Motion carried. The Mayor asked if there was anyone present who wished to address the Council. Doug Eaton & Jim Bedell spoke against the Exterior Storage Ordinance Amendment that was adopted at the last Council Meeting because of the restrictions in it and the cost involved in obtaining a Special Use Permit. The Council explained that the amendment made the ordinance less restrictive than it had been, allowing storage in the side yard and front yard if the setbacks are met. 131 August 26, 1986 The Council asked the City Manager to put this item back on the Agenda for the next meeting to allow more public input. Mr. Eaton complained again about a derelict car being towed from his property several weeks ago. The City Engineer explained that this has been approve the Mound HRA and now needs Council approval. Paulsen moved and Peterson seconded the following resolution: RESOLUTION #86-106 RESOLUTION TO APPROVE CHANGE ORDER ~4 FOR LYNWOOD BLVD. ~ COMMERCE PLACE IN THE AMOUNT OF $12,100.00 The vote was unanimously in favor. Motion carried. F7HAi_ PAYMENT REQUEST - BEACHI~TOOD POND PROJECT - $1107.29, B A D UNDERGROUND The City Engineer explained that this project is finished and recommended final payment. MOTION made by Paulsen, seconded by Jessen to approve the final payment request of B ~ D Underground for the Beachwood Pond Project in the amount of $1,107.29. The vote was uanimously in favor. Motion carried. EXTENSION OF RECYCLING CONTRAGT The City Manager explained that this contract with Beermann Services expires on September 5, 1986. The recommendation is to extend the contract to December 31 , 1 986, adding an additional $100.00 per month to the cost for the curbside pickup.. Smith moved and Paulsen seconded the following resolution: RESOLUTION #86-107 RESOLUTION TO EXTEND THE RECYLCING CONTRACT WITH BEERMANN SERVICES UNTIL DECEMBER 31, 19$b, FOR AN ADDITIONAL $100.00 PER MONTH FOR CURBSIDE PICKUP The vote was unanimously in favor. Motion carried. The City Manager explained the background. Brad Lemberg, Bonestroo Associates, explained w hat had been deleted to reduce the cost of the building. With the reductions the cost is now $1 .5 million. 132 August 26, 1986 The Council discussed the reductions, site selection, costs,etc. Polston moved and Peterson seconded the following resolution: RESOLUTION #86-108 RESOLUTION DETERMINING THE NEED TO CONSTRUCT A NEW PUBLIC WORKS FACILITY AND TO ISSUE GENERAL OBLIGATION BONDS TO PAY FOR THE SAME AND GALLING AN ELECTION amount not to exceed $1,500,000. Date of election November 4, 1986. The question shall be: "Shall the City of Mound issue General Obligation Bonds in an amount not to exceed $1,500,000 for the purpose of providing money for the construction and equipping of a new public works facility?" Councilmember Smith moved the following amendment: that the amount not exceed $950,000. Motion died for lack of a second. The vote was 3 in favor with Paulsen and Smith voting nay. Motion carried. The Council instructed the City Manager to prepare a check list of items that need to be put into a fact sheet handout for the public. GABLE T V ADVISORY COMMITTEE - USE OF LEGAL COUNSEL MOTION made by Paulsen, seconded by Jessen to authorize up to $400.00 be spent from the Cable T.V. Franchise Fee in order to have Cable Consultant, Tom Creighton, come out and address specific questions that the Committee has with regard to the Franchise Ordinance and other aspects of cable T.V. The vote was unanimously in favor. Motion carried. MOTION made by Smith, seconded by Peterson to authorize the issuance of a Public Dance Permit (fee waived), a Set-Up Permit (fee waived) and a Charitable Beer Permit to the Mound Police Reserves for September 12 and 13, 1986. The vote was unanimously in favor. Notion carried. TAXICAB LICENSE NOTION made by. Smith, seconded by Paulsen to approve 4 taxicab licenses to Bill Alexander for GRA~CABS at 5571 Shoreline Blvd., contingent upon all licensing requirments in Chapter 38, Part D of the City Code relating to taxicabs, being met before licenses are issued. The vote was unanimously in favor. Motion carried. 133 August 26, 1986 nTSr_trsSrnN• SPORTS COMPLEX - LIONS CLUB Mayor Polston stated that the Lions Club has contacted him and told him that they are considering purchasing some property in Mound which they would like to give to the City for a sports complex, consisting of baseball and softball fields, etc. MOTION made by Peterson, seconded by Paulsen asking that the Mayor and the City Manager follow-up on this project and if anything materializes it would come back to the Council for review. The vote was unanimously in favor. Motion carried. The bills were presented for consideration. MOTION made by Paulsen, seconded by Peterson to approve the payment of bills as presented on the pre-list, in the amount of $161 ,916.46, when funds are available. A roll call vote was unanimously in favor. Motion carried. SET DATES FOR PUBLIC HEARINGS ON SPECIAL ASSESSMENTS MOTION made by Polston, seconded by Paulsen to set September 30, 19$6, at 7:30 P.M. for the following public hearings: CBD Parking Maintenance, Unpaid Clean-Up Charges, Unpaid Weed and Grass Cutting Charges, Boarding Up of Hazardous Structure Charges, Unpaid Capping of Sewer Line Charges, Delinquent Sewer & Water Charges, Unpaid Tree Removal Charges, and Extension of Sewer ~ Water Lines. The vote was unanimously in favor. Motion carried. MOTION made by Jessen, seconded by Paulsen to approve the request for an extension of time to complete the Lynwood Blvd. & Tuxedo Blvd.. Project from the original date of September 1, 19$6 to October 1, i98b. The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING - PROPOSED EASEMENT VACATION - LOT ~. BLOCK 15, DEVON MOTION made by Paulsen, seconded by Jessen to set September 30, 1986, at 7:30 P.M. for a public hearing on a proposed easement vacation for Lot 2, Block 15, Devon, PID X25-117-24 11 0047. The vote was unanimously in favor. Motion carried. InrFnuMaTiON/MISCELLANEOUS A. July 1986 Financial Report as prepared by John Norman,. Finance Director. 134 August 26, 1986 B. Minutes of the Planning Commission Meeting - August 11, 1986. C. Minutes of the Cable T.V. Advisory Committee Meeting - July 24, 1986. D. Ind. School Dist. X277 Minutes - August 11, 1986. E. Press Release re: Rex's participation in U.S.P.C.A. Regional Field Trials and upcoming National Field Trials in Baton Rouge, LA. F. Regional Transit Board Meeting - September 10, 1986, 7:00 P.M., at the Minnetonka City Hall, 14600 Minnetonka Blvd. G. Notice from the Department of Natural Resources regarding the Minnesota State Statutes and local restrictions on boat use on public waters within Minnesota. The Council went into Executive Session at 10:10 P. M. to discuss the Continental Telephone issue. They returned at 11:10 P.M. The City Attorney explained that the City's Consultant, Derick Dahlen had given Contel 21 questions to answer after the meeting last November. So far only 3 questions have been answered and without the answers to the remaining questions, Mr. Dahlen cannot give the Council a recommendation. The Council discussed the problem with Contel and they assured the Council that they would cooperate with Mr. Dahlen and have Mr. Kroitz answer the remaining questions. Mr. Dahlen stated that if these questions are answered he would be able to give the Council a recommendation as to whether it would be financially feasible to acquire the phone company. MOTION made by Smith, seconded by Paulsen setting September 10, 1986, for a public hearing to solicit input from the citizens on putting 2 questions on the November ballot. One, asking if the City should be authorized to acquire or condemn the present telephone system within the City limits of the City of Mound, and two, asking if the City of Mound should be authorized to construct and operate a telephone system within the City of Mound? Be it further moved that the City Council is directing Mr. Dahlen to meet with Contel representatives and acquire the answers to the additional questions in order for him to complete his analysis and provide the Council with his recommendation at that meeting. The vote was unanimously in favor. Motion carried. 135 August 26 , 1986 MOTION made 11 :50 P. M. carried. by Paulsen, seconded by Jensen to adjourn at The vote uas~unanimously in favor. Motion / ~i ~i~A M \~~d/~ti/1"~ Fran C. Clark, CMC, City Clerk 0 BILLS--------AUGUST 26,.1986 1 Computer Run dated 8/21/86 Computer Run dated 8/21/86 Batch 864081 Batch 864082 B & D Underground Final Beachwood Lyman Lumber Bldg Supplies-Cemetery Century Mfg Timer Switch Androc Co. Weed-One 1986 State Fire Chiefs Conference--2 Registr. SuperAmerica July gasoline Henn Co. Register of Deeds Filing Fee 132,816.85 26,667.59 159,484.44 1,107.28 137.84 13.23 106.00 190.00 957.66 10.00 2,432.02 TOTAL BILLS 16i,g16.46 i L__J ~~ ~: _...