1986-11-25179
November 25, 1986
MINUTES - MOUND CITY COUNCIL - REGULAR MEETING
NOVEMBER 25, 1986
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, November 25, 1986, at 7:30 P. M. in
the Council Chambers at 531 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 Attorney Curt Pearson, City Engineer John
Cameron, City Planner Mark Koegler, Building Official Jan
Bertrand, Cable T. V. Consultant Mark Ayotte, and the following
interested citizens: Paul & Julie Boorsma, Kenneth & Dianna
Neukircher, James Roseen, Mark Rodrique, Don Peterson, Gordon
Wolf, Roy Weste.rgaard, Ben Malinski, Mary Smith (Dow-Sat of
Minnesota) and Councilmembers Elect Liz Jensen and Skip Johnson. '
The Mayor opened the meeting and welcomed the people in
attendance.
MINUTES
MOTION made by Jessen, seconded by Paulsen to approve the
Minutes of the November 12, 1986, Special Meeting as
presented. The vote was. unanimously in favor. Motion
carried.
PUBLIC. HEARING: DELINQUENT UTILITY BILLS
The Mayor opened the public hearing.' There were no comments.
The Mayor closed the public hearing.
Peterson moved and Paulsen seconded the following resolution:
RESOLUTION#86-168 RESOLUTION TO APPROVE THE DELINQUENT
. UTILITY BILLS IN THE AMOUNT OF $2,509.59
AND AUTHORIZING THE STAFF TO SHUTOFF
WATER SERVICE FOR THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING• CABLE TELEVISION COMMUNI~TIONS .
The City Manager explained that Dowden Communications, Inc. is in
the process of restructuring its organization and forming a
Limited Partnership. They are requesting transfer approval from
the City of Mound, as required by the Cable T.V. Franchise
Ordinance.
Cable T.V. Consultant, Mark Ayotte, explained the concerns about
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November 25, 1986
and recommendation for the Cable T.V. Committee and the Council
to review within the next week. The Lake Minnetonka Cable
Com munications Com mission has also retained a consultant to do a
financial analysis of Dowden Cable Partners, L.P. This report
will also be available for review.
Jim Kutzner, Cable Committee Vice-Chairman, stated. that the
Committee would like time before the next Council Meeting to
review the consultant's report and make a recommendation to the
City Council.
Mary Smith, Dow-Sat of Minnesota, was present to explain in
further detail the request and to answer any questions that might
arise in the public hearing.
The Mayor opened the public hearing.
MOTION made by Paulsen, seconded by Smith to continue this
. public hearing until the December 9, 1986, Council Meeting
for any additional public comments and to allow the. Cable
T.V. Committee to review the consultants report and make a
recommendation on the request. The vote was unanimously in
favor. Motion carried.
P[1BLIC HEARING- VACATION OF CERTAIN STREET EASEMENT LYING
BETWEEN LOTS 43 8~ 44 IN KOEHLER~S ADDITION TO
HOUND
The Mayor opened the public hearing. There were no comments.
The Mayor closed the public hearing.
Jessen moved and Peterson seconded the following resolution:
RESOLUTION #86-169 RESOLUTION VACATING CERTAIN STREET
. EASEMENT LYING BETW WEN LOTS. 43 ~ 44,
KOEHLER'S ADDITION TO MOUND, P ~ Z CASE
#86-548
The vote was unanimously in favor. Motion carried.
rASE #86 551• PAUL & JULIE BOORSMA, X021 HIGHLAND BLVD , LOTS ~
~ 4, BLOCK ~, THE HIGHLANDS, WAIVER OF SUB-
DIVISION REGULATIONS FOR MINOR LOT SPLIT
The Building Officical explained the request.
Smith moved and Peterson seconded the following resolution:
RESOLUTION X86-170 RESOLUTION TO CONCUR W ITH THE PLANNING
COMMISSION RECOMMENDATION AND APPROVE THE
FINAL SUBDIVISION OF LAND FOR LOTS 3 & 4,
BLOCK 3, THE HIGHLANDS, PID #28-117-24 41
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November 25, 1986
0015 (3021 HIGHLAND BLVD.), P ~ Z CASE
#86-551
The vote was unanimously in favor. Motion carried.
CASE #86-5 52-- KENNE TH-K D IANNA NEUKI RCHE R 499 7 TUXED O BLVD..
LOT 1 Q, BL OCK 15~ , ARDE NT R ECO GNI ZE AN EXISTING
UNDER SIZE L OT & SETBAC KS T O P ROP ER TY LI NE
The Building Official explained the request.
Smith moved and Jessen seconded the following resolution:
RESOLUTION #86-171 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE LOT SIZE AND
RECOGNIZE SETBACK VARIANCES FOR LOT i9,
BLOCK 15, ARDEN, PID #24-117-24 43 0018
(4997 TUXEDO BLVD.), P ~ Z CASE #86-552
The vote was unanimously in favor. Motion carried.
CASE #86 55~- JAMES ROSEEN, 1555 BLUEBIRD LANE LOTS 7 ~ ~0.
BLOCK 6 WOODLAND POINT,_..VARIANCE TO ALLOW UNEN-
CLOSED DECK IN REQUIRED REAR YARD SETBACK
The Building Official explained the request.
Paulsen moved and Smith seconded the following resolution:
RESOLUTION #86-172 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE A FIVE FOOT REAR
YARD SETBACK VARIANCE FOR LOTS 7 ~ 30,
BLOCK 6, WOODLAND POINT, PID #12-117-24
43 0061 (1555 BLUEBIRD LANE), P ~ Z CASE
#86-553
The vote .was unanimously in favor. Motion carried.
CASE #86 X54 KELE HOMES,, 52XX LYNWOOD BLVD , METES & BOUNDS
pESCRIPTION BLOCKS 1 K 2, REARRANGEMENT OF BLOCK
70, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK.
VARIANCE FOR ACCESS TO PUBLIC STREET FOR PROPOSED
NOME
The City Planner explained the request. The City Engineer asked
that the City Attorney review the utility easements in vacated
Laurel Street.
Smith moved and Paulsen seconded the following resolution:
RESOLUTION #86-173 RESOLUTION TO APPROVE A VARIANCE TO
ESTABLISH A BUILDABLE LOT FOR PART OF
LOTS 1, 2, 3 ~ 4, IN BLOCKS 1 & 2,
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November 25, 1986
REARRANGEMENT OF BLOCK 10, ABRAHAM
LINCOLN ADDITION TO LAKESIDE PARK, (PID
#13-117-24 31 0070, P ~ Z CASE #86-554
The vote was unanimously in favor. Motion carried.
CASE #86_SSS: DON PETERSON. X018 DEVON LANE. LOTS
SIGHT-OF-WAY
The Building Official explained the request. The Council
discussed the retaining wall being on public right-of-way.
Councilmember Smith suggested that the wall be dedicated to the
City. The City Attorney agreed and suggested adding the
following to the proposed resolution: "approving the front yard
variance subject to the City Engineer inspecting the wall to
determine that it is constructed properly and then allowing it to
be dedicated to the City". The Council agreed that -this should
be included in the resolution of approval.
Paulsen moved and Feterson seconded the following resolution:
RESOLUTION #86-174 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION AND APPROVE A FRONT YARD
VARIANCE FOR LOTS 17 AND 18, BLOCK 11,
PEMBROKE, PID #19-117-23 33 0202, P & Z
CASE #86-555 (3018 DEVON LANE), SUBJECT
TO THE CITY ENGINEER INSPECTING THE WALL
TO DETERMINE THAT IT IS CONSTRUCTED
PROPERLY AND THEN ALLOWING IT TO BE
DEDICATED TO THE CITY
The vote was unanimously in favor. Motion carried.
CASE #86-556: GORDON WOLF, 4610 KILDARE LANE, LOT ~9, BLOCK 11,
.SFTON, VARIANCE TO RECOGNIZE AN EXIST7'NG UNDER-
SIZED LOT ~ SETBACKS TO PROPERTY LINE
The City Planner explained the Planning Commission
recommendations and the 4 conditions for approval.
Paulsen moved and Peterson seconded the following resolution:
RESOLUTION #86-175 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE A VARIANCE TO ALLOW
STRUCTURAL MODIFICATION FOR LOT 39, BLOCK
11, SETON, PID #19-117-23 21 0033 (4610
KILDARE LANE) P ~ Z CASE #86-556
Gordon Wolf was present and stated that he did not agree to
combining Lot 3g and Lot 40 into one tax parcel. Mr. Wolf
then withdrew his variance request. The maker and seconder
of the proposed resolution withdrew it. No action was taken.
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November 25, 1986
CASE #86 557;, JRW PROPERTIES (COMMERCE SQUARE), COMPREHENSIVE
SIGN PLAN
The City Planner explained the comprehensive signage plan that
was submitted by JRW Properties for Commerce Square. He reported
that the Planning Commission recommended approval.
Paulsen moved and Jessen seconded the following resolution:
RESOLUTION #$6-175 RESOLUTION APPROVING THE COMPREHENSIVE
SIGN PLAN FOR COMMERCE SQUARE, 2200-2206,
2210-2214, 2224-2238 COMMERCE BLVD., P ~
Z CASE #86-557
The vote was unanimously in favor. Motion carried.
CASE #86-558• VFW POST #5 113.,,. 2 544 CO MMERCE B LVD , LOTS 26-30.
3,2., AND PAR T OF ~ ~, AUD ITORS S UBD. #167, PARKING
VARI ANCES F OR NEW BUILD ING
The City Planner explained the request. The City Engineer stated
that the site plan and the survey need to be combined to
determine that the wetlands are not included in the parking area.
Also that the Minnehaha Creek Watershed District needs to approve
this plan .
MOTION made by Polston, seconded by Paulsen to table this
item until the December 9th Council Meeting allowing the
combination of the site plan and the survey to determine that
the wetlands do not overlap in the parking area. The vote
was unanimously in favor. Motion carried.
CASE #86-559• BEN MALINSKI (HARRISON BAY UNION 76), 481 SHORE-
. LINE BLVD , LOTS 1 ,. 2 , 3,.,,, 4 ^. ? 1 ~ PART OF LOTS 5 ~
2(,1 BLOCK 1 SHIRLEY HILLS UNIT A, FENCE HEIGHT
VARIANCE
The Building Official explained the request.
Smith moved and Peterson seconded the following resolution:
RESOLUTION X86-176 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE SETBACK VARIANCE
FOR PART OF LOTS 1 THRU 4, 20 ~ 21 , BLOCK
1, SHIRLEY HILLS UNIT A, PID #13-117-24
440014 (4831 SHORELINE BLVD.) P ~ Z CASE
#$6-559
The vote was unanimously in favor. Motion carried.
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November 25, 1986
nFVFinPMFNT ('nNTRACT- KEN CARSON A BONNIE CORNELL, 1959 SHORE-
WQQD LANE
The Building Official explained that a Development- Contract has
now been drawn up for the above property. It requires a
Performance Bond of 125 of the total estimated cost ($5,500) and
allows 3 years for completion of the frost footings .and roof
repair. Ms. Cornell was present and stated she would like to
have her attorney look over the contract bef ore signing it.
Peterson moved and Smith seconded the following resolution:
RESOLUTION #86-177 RESOLUTION AUTHORIZING THE MAYOR AND THE
CITY MANAGER TO ENTER INTO A DEVELOPMENT
CONTRACT (EXHIBIT A) W ITH KEN CARSON AND
BONNIE CORNELL ON PROPERTY AT 1959
SHOREWOOD LANE
The vote was unanimously in favor. Motion carried.
MAINTENANCE PERMIT REQUEST• FOR WAWONASSA COMMONS, MR JAMES
$OSEEN, 155 BLUEBIRD LANE
The City Manager reported that Mr. Roseen would like to have a
professional tree trimmer trim the brush and trees on the Commons
in front of his home. The Park Commission has recommended
approval.
MOTION made by Paulsen, seconded by Jessen to authorize the
issuance of a Maintenance Permit to trim brush and trees on
Waw onassa Commons in front of 1555 Bluebird Lane. Work to be
performed by a professional tree trimmer and paid for by Mr.
James Roseen. -The vote was unanimously in favor. Motion
carried.
RFrFASE OF CASH IN LIEU OF PERFORMANCE BOND FOR GR~~ING PERMIT,,
ASPEN EXCAVATING
The City Engineer recommended releasing all but $1,000.00 of the
money. This money to be retained for seeding of the area.
MOTION made by Polston, seconded by Paulsen to release
$9,000.00 of the money deposited by Gustafson & Associates
in lieu of a performance bond, for grading work at the old
Metro 100 site. $1,000.00 to be retained to guarantee
seeding of the ar ea in the Spring. The vote w as unanimously
in favor. Motion carried.
RESIGNATION OF JON ELAM FROM LMCD BOARD
The City Manager stated that a letter of resignation from the
LMCD Board has been received from Jon Elam., effective December
31, 1986, The asked the City Manager to send a letter to Mr.
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November 25, 1986
Elam thanking him for the time and effort he has put in on the
LMCD Board representing Mound. The new City Council will fill
this position at the first meeting in January.
LOST LAKE STUDY
The City Manager reported that the Planning Commission
recommended that the Council ask the Maxfield Research Group to
provide an addendum to the Lost Lake Report commenting on the
Ortenblad Project in Spring Park and the potential impact of
Advance Machine leaving the area.
The Council also questioned how the Maxfield Group came up the
recommendation of a 30 unit Country Inn and would like to know
the impact of rental units on the Central Business District.
MOTION made by Peterson, seconded by Smith to concur with the
Planning Commission's recommendation above and the other
questions asked. The City Manager to proceed. The vote was
unanimously in favor. Motion carried.
GAMBLING PERMIT„ NATIONAL M S SOCIETY (NORTH STAR CHAPTER), TO
BE OPERATED AT CAPTAIN BILLY'S
The City Manager reported that the applicant has withdrawn the
request due to a local service organization wanting a permit at
Captain Billy's. That application will be forthcoming. No
action was taken.
-PAYMENT OF BILLS
The bills were presented for consideration.
MOTION made by Paulsen, seconded by Jessen to approve the
payment of bills as presented on the pre-list, in the amount
of $201,628.01, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
INFORMATION/MISCELANEOUS
A. October 1986 Financial Report as prepared by John Norman,
Finance Director.
B. Planning Commission Minutes of November 10, 1986.
C. REMINDER: Gity of Mound Christmas Party - December 12, 1986.
D. Update from the City Manager regarding proposed subdivisions
in Minnetrista and Westedge Blvd. upgrade.
The Council complimented the Public Works Department on the
wonderful job they have done decorating the Central Business
District for Christmas. ,
187
November 25, 1.986
The City Manager submitted a
Louisville naming Police Chief
He carried an "A" or ~.0 average
Police Institute.
letter from the University of
Len Harrell a "Dean's Scholar".
in all courses at the Southern
MOTION made by Paulsen, seconded by Smith to adjourn at 9:15
P.M. The vote was unanimously in favor. Motion carried.
~~
Edward J. ~ le, Jr., Cit Manager
~~ ~ X~R
Fran Clark, CMC, City Clerk
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BILLS------NOVEMBER 25,.1986
Batch 864111 Computer Run dated 11/18
Batch 864112 Computer Run dated li/21
Batch 864113 Computer Run dated 11/21
SuperAmerica October gasoline
TOTAL BILLS
158,485.35
23,.910.07
18,529.88
200,925.30
702.71
201,628.01