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1986-12-09188 December 9, 1986 MINUTES - MOUND CITY COUNCIL - REGULAR MEETING DECEMBER 9, 1986 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, December 9, 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 Jensen, 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 Offical Jan Bertrand and the following interested citizens: Mary Smith (Dow-Sat of Minnesota), Councilmembers Eleet Liz Jensen and Skip Johnson, Ron Griffiths, Ed Freidlund, Paul Larson, Ira Crider, Angela Hingos, Vincent Forystek. MINUTES MOTION .made by Paulsen, seconded by Peterson to approve the Minutes of the November 25, 1986, as presented. The vote was unanimously in favor. Motion carried. PUBLIC HEARING- VINCENT FORYSTEK,. -LOTS 5,6 ,7,8,9~,~,27, AND PART OF 15 & 16, BLOCK 8, PEMBROKE PROPOSED SUBDIVISION OF LAND The City Planner explained the proposed subdivision and the conditions that the Staff and the Planning Commission have recommended. The City Engineer explained his letter of October 13, 1986, which was in the packet. The Mayor opened the public hearing. The Developer, Vincent Forystek, stated that he remembers the last meeting in June 1985 and felt the City committed to pay for the reconstruction of the last 50 to 60 feet of Paisley Road to alleviate the water runoff problem on Inverness. No one else responded. The Mayor closed the public hearing. Councilmember Jessen asked if the new design and the combination of Lots 5 and 5A was acceptable to the Developer. He stated yes. Councilmember Smith stated that he would like the resolution to have language allowing only building on Lot 5, not 5A, at this time. Mayor Polston stated that he feels the Developer should pay for reconstruction of the last 50 or 60 feet of Paisley Road to reverse the flow of water to Inverness. 189 December 9, 1986 Jessen moved and Peterson seconded the following resolution: RESOLUTION #86-178 RESOLUTION APPROVING A PRELIMINARY PLAT AND LOT VARIANCE FOR LOT 5, BLOCK 1, INVERNESS HEIGHT FOR VINCENT FORYSTEK, P & Z CASE #86-550 There was considerable discussion by the Council and the Developer about who should pay for reversing the flow of Paisley Road. Councilmember Peterson stated he would like to ~go out and look at the area where the drainage problem is and Paisley Road before making a decision. AMENDENT made by Jessen, seconder proposed resolution stating: reconstruction of the last 50 to correct the drainage problem". favor with Polston and Smith abstaining. Motion failed. i by Paulsen to add #6 to the °The City will pay for 60 feet of Paisley Road to A roll call vote was 2 in voting nay and Peterson AMENDMENT made by Smith, seconded by Polston to add wording to the resolution that any structure built on Lot 5-5A, be _ limited to the confines of Lot 5 only. The vote was unanimously in favor. -Motion carried. AMENDMENT made by Polston, seconded by Smith to add #6 to the proposed resolution stating: "The Developer will pay for the reconstruction of the last 50 or 60 feet of Paisley Road to correct the drainage problem". A roll call vote was 2 in favor with Jensen and Paulsen voting nay and. Peterson abstaining. Motion failed. MOTION made by Peterson, seconded by Jensen to continue this item until the next meeting, December 23, 1986, so that the Council has a chance to go out and look at Paisley Road and the drainage problem. The vote was unanimously in favor. Motion carried. The City Attorney read the portion of the Minutes from the June 1985 Meeting and stated that the City Engineer recommended that the City pay for the reconstruction, but the Council took no action on the matter. CONTINUATION OF PUBLIC HEARING• CABLE TELEVISION COMMUNICATIONS The City Manager stated that the report and recommendation has now been received from the Cable Consultant. It was forwarded to the Cable T.V. Committee. The Mayor opened the public hearing. 190 December 9, 1986 JIM KUTZNER, Vice Chairman of the Cable T.V. Committee stated that the he contacted 6 of the 8 people on the Committee and they are recommending approval of the sale and transfer of ownership. The only concern was what the nature of service will be afterward. Mary Smith, Dow-Sat of Minnesota, stated that no change is expected. The Mayor closed the public hearing. Paulsen moved and Peterson seconded the following resolution: RESOLUTION #86-178 RESOLUTION APPROVING THE SALE AND TRANSFER OF OWNERSHIP IN CABLE SYSTEM AND TRANSFER OF CABLE FRANCHISE OF DOW-SAT OF MINNESOTA, INC. TO DOWDEN CABLE PARTNERS, L.P. ' The vote was unanimously in favor. Motion carried. CASE X86 X61 AN GEL A HINGOS, 47 97 NORTH ERN R OAD, WLY 1/2 OF LOT ?7 ,, S UBDIVISIO N O F L OTS 1 ~ ~2 RAV ENSWOOD. VA RIA NCE TO RE MOD EL ~ EX PAND E XIST ING NON- CO NFO RMING STR UC TURE The City Planner called the Council's attention to the informational items on Pages 262+-2627 regarding potential rezonings, variances and nonconforming -uses. He then explained the applicant's request and the Staff's recommendation to deny. A similar request by the former owner was denied in 1985. MOTION made by Jessen to concur with the Planning Commission's recommendation to deny the variance request. The motion died for lack of second. MOTION made by Smith to approve the variance as reQuested. The motion died for lack of second. The applicant was present and explained her request. The Council discussed the variance request and the nonconforming use because of zoning. MOTION made by Paulsen, seconded by Peterson to deny the variance application to remodel and expand an existing nonconforming structure at 4798 Northern Road, (Wly 1/2 of Lot 27, Subdivision of Lots 1 ~ 32 Ravenswood), P & Z Case X86-561. The vote was 4 in favor with Smith voting nay. Motion carried. CASE #86-562• RONALD ~ ODESSA GRIFFITHS~ 4947 CRESTVIEW ROAD, LOT 18 & THE WEST 1/2 OF LOT 19, BLOCK 2S, SHADY- WOOD POINT, FENCE VARIANCE TO ALLOW THE FINISHED FABRIC SIDE TOWARD THE APPLICANT'S PROPERTY 191 December 9 , 1 986 The Building Official explained that the applicant misunderstood the wording in Section 23.415(4)g of the Zoning Code, which reads as follows: "If the material used in fence construction is not finished on both sides, the finished side of the material shall be on the outside facing the abutting property". The applicant explained that both sides of the fence are finished so he assumed it would be all right. The neighbors had no objection to the way the fence was installed. Peterson moved and Smith seconded the following resolution: RESOLUTION #86-179 RESOLUTION TO CONCUR WITH THE STAFF RECOMMENDATION TO APPROVE A FENCE VARIANCE FOR 4947 CRESTVIEW ROAD, LOT 18 ~ THE W EST 1/2 OF LOT 19, BLOCK 25, SHADYWOOD POINT, PID X13-117-24 11 0109, P ~ Z CASE #86-562, AFTER GETTING APPROVAL FROM THE NEIGHBORS The vote was unanimously in favor. Motion carried. SASE X86-56~• ED ~ MELANIE FREIDLUND, 4909 ISLAND VIEW DRIVE. LOTS 12 ~ 1~, BLOCK 1~}., DEVON. VARIANCE IN SET- BACK TO THE SIDE & FRONT PROPERTY LINE The Building Official-explained the applicants request. The Planning Commission recommended approval. Smith Moved and Peterson seconded the following resolution: RESOLUTION #86-180 RESOLUTION TO CONCUR W ITH THE PLANNING COMMISSION TO APPROVE SETBACK VARIANCES FORS LOTS 12 8~ 13, BLOCK 14, DEVON, PID #25-117-24 11 0042 (4909 ISLAND VIEW DRIVE), P & Z CASE #86-563 The vote was unanimously. in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT Paul Larson stated he would like to see municipal docks in the Lost Lake area behind the Post Office so people could shop and visit Mound by boat. WQTFR SERVICE REQUEST ~ AGREEMENT FOR LOT 14, HAL TED'S PARK, j~,xNNETRISTA The City Manager reported that the agreement for water service has now been drawn up and is ready for approval by Mound, Minnetrista and the parties who own Lot 14. Polston moved and Jessen seconded the following resolution: 192 December 9, 1986 RESOLUTION #86-181 RESOLUTION AUTHORIZING THE MAYOR & CITY MANAGER TO EXECUTE AN AGREEMENT BETI,TEEN THE CITY OF MINNETRISTA AND THE CITY OF MOUND RELATIVE TO PROVIDING UTILITY SERVICE TO A MINNETRISTA PROPERTY OWNER IN HALSTED~S PARK The vote was unanimously in favor. .Motion carried. PAYMENT REQUEST• LYNWOOD BLVD IMP PROJ & TUXEDO BLVD SAFETY pRO~, PREFERRED PAVINGs $18,.694.04 MOTION made by Peterson, seconded by Paulsen to approve the payment request of Preferred Paving in the amount of $18,694.04, for the Lynwood Blvd. Improvement Proj. and the Tuxedo Blvd. Safety Proj. Also reduce the retainage from 5x to 1x. The vote was unanimously in favor. Notion carried. jtFQUEST BY LIONS CLUB TO SELL PULL-TABS AT CAPTAIN BILLY~S The Council had no objection to the application that has been submitted to the State of Minnesota allowing the Lions to sell pull-tabs at Captain Billy's. RECOMMEND DAVID COCHRAN TO SERVE ON MINNEHAHA CREEK WATERSHED DISTRICT BOARD The Mayor stated he has received a letter asking Mound to support having David Cochran serve on the Minnehaha Creek Watershed District Board. Jessen moved .and Peterson seconded the following resolution: RESOLUTION #86-182 RESOLUTION RECOMMENDING DAVID COCHRAN TO SERVE ON THE MINNEHAHA CREEK WATERSHED DISTRICT BOARD The vote was. unanimously in favor. Motion carried. The Council asked that Mr. Cochran be asked to attend a Mound Council Meeting sometime in early 19$7• PAYMENT OF_BILLS The bills were presented for consideration. MOTION made by Peterson, seconded by Jessen to approve the payment of bills, as presented on the pre-list, in the amount of $182,273.24, when funds are available. A roll call vote was unanimously in favor. Motion carried. 193 December 9, 198b INFnRMATION/MISCELLANEOUS A. November Monthly Reports as prepared by the Department Heads. B. Notice from the LMC of New Development in -the League's Property/Casualty Program. C. Park Commission Minutes - November 13, 1986. D. Planning Commission Minutes - November 24, 1986. MOTION made by Paulsen, seconded by Peterson to adjourn at 9:30 P.M. The vote Was unanimously in favor. Motion carried. . ~~° and J. Sh k e, Jr., City Ma ger ~~ h m . ~ ~~~ ~Y~. Fran Clark, CMC, City Clerk BILLS------DECEMBER g, 1886 (Cont) I~ 1 Coca Cola Bottling Nov mix 291.85 Day Distributing Nov Beer 3,278.69 East Side Beverage Nov Beer 2,592.09 Four Star Bar Supply Nov Mix Misc 116.30 Flahertys Happy Tyme Nov mix 59.40 Happys Potato Chips Nov Misc 77.35 Mark VII Distr Nov Beer 4,361.80 Pepsi Cola/7 UP Nov mix 284.10 Pogreba Distr Nov Bee r 3,374.20 Ron's Ice Nov ice 78.86 Royal Crown Beverage Nov mix 75.55 Thorpe Distr Nov Beer 5,686.25 Twin City Home Juice Nov mix 45.30 Mound Firemen Preferred Paving Mound Postmaster Nat'l Car Sales Bill Clark Oil PHP of MN MN Dept Pub Safety-Liq Med Center Group Health Mutual Benefit Life Del Rudolph Arthur Lee Griggs, Cooper Quality Wine Twin City Wine Commissioner of Revenue Physicians Health Plan Shoreline Plaza Metro Waste Control Batch 864114 Total--Batch 864115 55,863.65 Officers Pay 1886 Pymt Request #5 Replen Postg Due acct 86 Chev Cav Wagon-Police Gasoline Hosp - alerts Buyers Card Dec Hosp ~~ ~~ Dec LTD Contract help Contract cleaning Liquor Nov Sales Tax Dec Hosp Dec Rent Dec Sewer Serv Total--Batch 864121 Computer Run Dated 12-3-86 Grand Total--All Bills 3,600.00 18,694.04 200.00 8,375.00 610.10 87.30 12.00 229.10 155.59 626.10 33.00 200.00. 1,532.59 162.23 .103.99 5,174.99 5,664.48 1,541.70 28,469.55 75,471.77 50,937.82 182,273.24 ~~~~~ ~~ BILLS-----DECEMBER 9, 1986 Apache Paper Paper Towels 186.30 Acro-MN Office Supplies 249.52 Bonestroo, Rosene Engr. PW Bldg 1,.822.50 Balboa MN Co. Storage Rent 1,411.25 Bryan Rock Products Nov. Rock 91.98 Donald Bryce Nov Chief 417.00 Communication Auditors Pager Repair 88.06 Conrad Concrete Curb-Otter 130.00 Fran Clark Mtg-Microfilm 10.00 Cargill Salt Salt 1,257.50 Dependable Services Nov garbage 38.00 Glenwood Inglewood Nov water cooler 64.55 Wanda Gorgoschlitz Tape mtgs for cable 60.50 W.W. Grainger Elec motor 76.84 Henn Co Chiefs Police PTAC Courses for Roy & Hudson 160.00 Henn Co. Treas Oct prisoner board 1,692.50 Henn Co. Sheriff Dept Oct booking fees 140.67 Hazard Control Inc Fire gloves 139.15 Ind School Distr 277 Senior Center expenses 8,995.00 Island Park Skelly Reseal sector 151.95 Kelly Services Temp help 118.40 Lowells Nov parts 190.11 Luverne Truck Equip- Brush guard-new truck 177.95 The Laker hearings ~ liq inserts 359.68 LOGiS Oct computer expenses 2,529.94 Kyle Larson Halloween candy-Reserves 61.82 Ronald Marschke Nov Asst Chief 150.00 Wm Mueller ~ Sons Concrete Sand 2,589.4$ Metro Area Mgmt Assn MAMA mtg 8.00 Mound Fire Dept Nov salaries,drilis,maint 6,061,00 Marina Auto Supply Nov supplies 514.75 Minnegasco Nov gas 591.39 Northern States Power Nov Elec 1,2,91.74 Navarre Hdwe Nov supplies 418.70 O'Connor i; Hannan Cable TV--prof serv 334.44 Rotary Club of Mound Memb ~ mtgs 45.00 Ranger Products hose clamps 20.42 Tom Rockvam Dock removal 168.00 Savoie Supply Co. Janitor supplies 99.02 Edw Shukle LMC lunch 26.63 Sterne Elec Ballasts--Liq Store 151.87 Smith Heating Pipe 10.15 Suburban Tire Tires 486.40 SOS Printing Certificates - Fire Dept 7.50 Team Laboratory Roughneck 81.71 Tom's Jack Repair Replace Mall handle 22.45 Thrifty Snyder Drug Film 17.98 University of MN Registr. Bldg Off Inst 90.00 Unitog Rental Nov Uniform rent 215.57 Westonka Foods Nov supplies-council,City Hall 109.26 Westonka Firestone Tube 14.95 Westonka Intervention Postage 10.04 Watkins Aircraft Support Nov Recycling Services 1,085.00 Wayzata Auto Service Flags 45.00 Xerox Corp Pymts on Copiers 253.19