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1987-03-2440 March 24, 1987 MINUTES - MOUND CITY COUNCIL - REGULAR MEETING MARCH 24~ 1987 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 24, 1987. at 7:30 P.M. in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith. Councilmem bers Don Abel. Liz Jensen, Phyllis Jensen and Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Finance Director John Norman, Building Official Jan Bertrand, City Engineer John Cameron, City Planner Mark Koegler, Police Chief Len Harrell, Liquor Store Manager Joel Krum m, Fire Chief Don Bryce, and the following interested citizens: David Morse, Jim Nordby. Mike Tobey, Ron DeVinney, Mary Rafferty, Jim Rafferty, Harry Putt, Keith Putt, Jan and Michael Kraemer, Bob Maiers. Vickie Gupstrom, Gerald Babb, W.M. Barkley, Ed Freidlund, Dorothy Caster, Ralph Todd, James Roseen, Steve Coddon, Kefin & Jayne Hetchler, Lewis Caster, Frank Niesen. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. MINUTES MOTION made by Abel seconded by Jensen to approve the. Minutes of the March 10. 1987 Regular Meeting. as submitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARING• DELINQUENT UTILITY BILLS The City Manager reported that the revised amount is X1,807.85. The Mayor opened the public hearing. There was no response. The Mayor closed the public hearing. Johnson moved and Abel seconded the following resolution: RESOLUTION X87-54 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF i1.8O7.85 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE FOR THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. ~41 March 24, 1987 CONTINUATION OF CASE #87-606, 607 ~ 608: ISSUANCE OF A CONDITIONAL USE PERMIT ESTABLISHING A PLANNED DEVELOPMENT AREA AND APPROVAL OF A PLAT & VARIANCE FOR LAND LOCATED AT 183$ COMMERCE BLVD , PID #13-117-2~ 33 0006 (SHERWOOD-DRIVE AREA) FOR .DAVID MORSE The City Planner reported that a new plan has been submitted identifying two new single family residential lots that receive access from a 16 foot wide driveway easement. The new lots are 22.000 square feet and 27000 square feet in size. This new arrangement will allow the installation of a future cul-de-sac off of Commerce. Blvd. The Staff recommends approval of the preliminary plat, the conditional use permit to establish a Planned Development Area (PDA) and issuance of a variance allowing the new lots to front on a private easement rather than a public street. with conditions outlined in the proposed resolution. The City Engineer reported that a revised grading and drainage plan has been submitted. He also reported on the extension of the utilities to the new lots. Abel moved and Jensen seconded the following resolution: RESOLUTION #87-55 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF A PLANNED DEVELOPMENT AREA (PDA), APPROVAL OF VARIANCES AND APPROVAL OF A PRELIMINARY PLAT FOR THE MORSE ADDITION, PID. #13-117- 24 23 0006, P ~ Z CASE #87-606, 607 ~ 608 The vote was unanimously in favor. Motion carried. CASE #87-609: FINAL APPROVAL OF REGISTERED LAND SURVEY FOR SUBDIVISION OF LAND LOCATED AT 4841 BARTLETT BLVD.. PID #13-117 24 44 0003, FOR STEVE CODDON The City Engineer reviewed the request of the applicant. The applicant: Steve Coddon, asked that the City transfer $500 of the $ 1000 held in escrow for Case X686-610 to this Case number. The City Attorney suggested adding #11 to the proposed resolution which would state: "Posting of a subdividers escrow in the amount of $500.00 for engineering. administration and legal costs", The Council agreed. Jensen moved and Abel seconded the following resolution: RESOLUTION #87-56 RESOLUTION TO APPROVE FINAL REGISTERED LAND SURVEY, PID #13-117-24 44 0003, PART OF GOVERNMENT LOT 8, SECTION 13, TOWNSHI P 117, RANGE 24 WEST, P ~ Z CASE #87-609 42 March 2~4. 1987 The vote was unanimously in favor. Motion carried. CASE N0. 87-618: LOT SIZE & SETBACK VARIANCE FOR LOT 14~ BLOCK 14~ DEVON; PID #25-117-24 11 0043 KEVIN ~ JAYNE HETCHLER. 4913 ISLAND VIEW DRIVE The Building Official explained that the applicants are now asking for an enclosed deck and the deck size in the proposed resolution should be 12 feet by 22 feet. The Planning Commission recommended approval. The City Manager stated that a letter from Mr. Lewis Caster. 4917 Island View Drive has been received and he has attached his engineers report and recommendations on drainage. The Council discussed the grade and drainage and asked that if this item were approved. the engineering report provided by the Casters be included in the resolution. The City Engineer agreed with the Caster's engineering report. Councilmember Jessen expressed concern about intensifying a non- conforming use on this small lot. Abel moved and Smith seconded the following resolution. RESOLUTION #87-57 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND GRANT A VARIANCE TO PLACE AN ATTACHED GARAGE 18 FEET TO 20.3 FEET FROM ISLAND.VIEW DRIVE RECOGNIZE AN EXISTING UNDERSIZED LOT. AND SIDEYARD~ LOT 14. BLOCK 14, DEYON. PID #25-117-24 11 0043. P & Z CASE #87-618 (4913 ISLAND VIEW DRIVE) A roll call vote was ~ in favor with Councilmember Jessen voting nay. Motion carried. CASE N0. 87-619• LOT SIZE VARIANCE FOR LOT 7~ EXCEPT THE NORTH 14 FFFT ~ LOT 8. BLOCK 9. DREAMWOOD ~ PID #13-117-24 21 0029, FOR ROB MAIERS. 1729 BLUEBIRD LANE The Building Official explained the applicant's request. There was discussion on the drainage problem in the area. Jensen moved and Abel seconded the following resolution: RESOLUTION #$7-58 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO RECOGNIZE AN EXISTING UNDERSIZED LOT FOR LOT 7, EXCEPT THE NORTH 14 FEET. AND LOT 8. BLOCK 9. DREAMWOOD. PID #i3-17-24 21 0029; P ~ Z CASE #87-619 (1729 BLUEBIRD LANE) The vote was unanimously in favor. Motion carried. ~3 March 24, 1987 CASE N0. 87-620: LOT SIZE VARIANCE. SETBACK AND CONDITIONAL USE PERMIT FOR GROCERY STORE (GRIMMtS STORE) AT 3069 BRIGHTON BLYD.. FOR DEVLIN GLEASON The Building Official explained the. request. The Planning Commission tie voted and did not recommend approval. The applicant explained that he feels there is a need for this neighborhood grocery store and that is has historic value because it has been there since 1942. Mr. Mike Tobey, who lives next to the store spoke in favor of having the store. His only problem was people parking in front of his driveway. The Council briefly discussed this item and decided to take action on the .variances and the Conditional Use Permit application when the item comes before the Council at a Public Hearing on April 1~4, 1987. MOTION made by Abel. seconded by Johnson to table this item until the public hearing on April 14. 1987. The vote was unanimously in favor. Motion carried. GASE N0. 86-558: APPROVAL OF SITE- PLAN & VARIANCE FOR MOUND VFW ~,~44 COMMERCE BLVD. LOTS 26-30~ 32 AND PART OF ~3. AUDITOR'S SUBDIVISION #176 The City Engineer stated that there are items that were in the previous site plan which are not in the new site plan. The items are as follows: 1. An easement acceptable to the city engineer along the drainage ditch. 2. A 6 foot green strip along the west side of the property. 3. Concrete curb & gutter around a bituminous parking lot. Mr. Frank Niesen, representing the VFW, stated they would rather not finish the parking lot with concrete curb and gutter and a bituminous surface at this time because of cost. He did agree to eliminate parking space ~~48 on the current plan for green space next to the sidewalk on Commerce Blvd. The Council discussed the parking lot, the number of spaces and the occupancy of the building. They agreed they wanted the concrete curb & gutter and bituminous surface on the parking lot. Abel moved and Johnson seconded the following resolution: RESOLUTION X87-59 RESOLUTION AUTHORIZING VARIANCES FOR MOUND V.F.W. POST 5113 AUDITORS SUBDIVISION X167, COMMERCE BLVD., P ~ Z CASE #85-558 MOTION made by Abel. seconded by Jessen to amend the proposed ~4 March 2~+. 1987 resolution to include: "#11. A 6 foot green strip be left between the property line on the west side of the parking lot and the parking spaces." The vote was unanimously in favor of the amendment. Motion carried. The vote was unanimously in favor of the original resolution as amended. Motion carried. CONVEYANCE OF CITY OF MOUND PROPERTY TO JRi~T PROPERTIES (LYN~lOOD BLVD.-AREA) The City Engineer handed out a map of the 4 parcels to be conveyed and explained that the City has fee title to the South 1/2 of Parcel. 1 and all of Parcel ~4. The City does not have fee title to the North 1/2 of Parcel 1 ~ Parcel 2 and Parcel 3. JRW Properties would like to City to convey all 4 Parcels to them because it is part of their parking lot. The City Engineer recommended conveyance subject to approval of the deed by the City Attorney. It was suggested that the City convey this property for X1.00. The Council discussed the price. Jensen moved and Jensen seconded the. following resolution: RESOLUTION #87-60 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN QUIT CLAIM DEEDS CONVEYING ~ PARCELS OF CITY LAND TO JRW PROPERTIES The vote was ~ in favor with Mayor Smith voting nay. Motion carried. COMMENTS ~ SUGGESTIONSFROM CITIZENS PRESENT Russ Peterson asked for some clarification on the decision on item #~+, the Morse property. The Council took a break so that ~Mr. Peterson could consult with the City Engineer. RESOLUTION AUTHORIZING ENTRY INTO A JOINT POFiERS AGREEMENT IN THE FORM OF A DECLARATION OF TRUST ESTABLISHING AN ENTITY KNOI~li AS "MINNESOTA MUNICIPAL MONEY MARKET FUND" AND AUTHORIZING PARTICIPATION IN CERTAIN INVESTMENT PROGRAMS IN CONNECTION THEREi~1ITH The Finance Director explained that basically this is authorizing another official depository but a special resolution is needed. The City Attorney corrected Section 1 ~ "City Clerk" should read City Manager. ~5 March 24. 1987 Abel moved and Smith seconded the following resolution: RESOLUTION X87-61 RESOLUTION AUTHORIZING ENTRY INTO A JOINT POWERS AGREEMENT IN THE FORH OF A DECLARATION OF TRUST ESTABLISHING AN ENTITY KNOWN AS "MINNESOTA MUNICIPAL MONEY MARKET FUND" AND AUTHORIZING PARTICIPATION IN CERTAIN INVESTHENT PROGRAMS IN CONNECTION THEREWITH The vote was unanimously in favor. Motion carried. FEASIBILITY REPORT - PROPOSED WATERMAIN EXTENSION. VACATED LAUREL STREET The City Engineer went over the background of this watermain extension. Smith moved and Johnson seconded the following resolution: RESOLUTION ~8?-62 RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING APRIL 28. 1987. FOR A PUBLIC HEARING ON THE IMPROVEMENT The_vote was unanimously in favor. Motion carried. MAINTENANCE PERMIT REQUEST FOR SECURITY LIGHT AND STAIRS TO COMMONS DOCK AREA FOR JIM ROSEEN 1555 BLUEBIRD LANE The City Manager reported that the Park Commission has recommended approval with conditions. MOTION made by Jessen. seconded by Johnson to approve a Maintenance Permit for a security light and stairs to Commons dock area for Jim Roseen. 1555 Bluebird Lane, under the conditions that the light have a locked outlet box and the stairs plan be approved by the Building Dept. The vote was unanimously in favor. Motion carried. APPROVAL OF COMMERCIAL DOCK LICENSE APPLICATIONS Ron DeVinney was present asking that the City check and make sure that the docks and charter boats from Al & Alma's are not infringing on Chester Park and Beach. The Council stated Staff would check. MOTION made by Smith. seconded by Jessen to authorize the issuance of Commercial Dock Licenses to Al ~ Alma's (5200 Piper Road} and Charles R. Jones (dba. Minnetonka Boat Rental. 4850 Edgewater Drive). The vote was unanimously in favor. Motion carried. 46 March 2~4. 1987 DEPARTMENT HEAD ANNUAL REPORTS The following Department Heads presented their annual reports to the City Council: Liquor Store Manager Joel Krumm. Finance Director John Norman. Police Chief Len Harrell. FIRE DEPARTMENT TRANSFERS OF FUNDS The Finance Director explained .the two proposed resolutions. Abel moved and Jensen seconded the following resolution: RESOLUTION #87-63 RESOLUTION TO TRANSFER 19,350 FROM THE FIRE EQUIPMENT DEBT SERVICE, 1981 FUND TO THE AREA FIRE SERVICE FUND TO CLOSE OUT THAT FUND The vote was unanimously in favor. Motion carried. Jessen moved and Johnson seconded the following resolution: RESOLUTION #87-6~ RESOLUTION TO TRANSFER X2,827 FROM THE CAPITAL OUTLAY FUND TO THE AREA FIRE SERVICE FUND TO CLOSE OUT THAT FUND The vote was unanimously in favor. Motion carried. REQUEST TO USE LAUNCHING FACILITIES AT MOUND BAY PARK FOR MINNETONKA BASS CLUB FISHING TOURNAMENT The City Manager explained. The Council asked that the City Manager send the Club a letter asking that they limit the noise of the engines in the early morning hours when launching. MOTION made by Abel, seconded by Jessen to permit the Minnetonka Bass Club to use the launching facilities at Mound Bay Park for their annual Bass Fishing Tournament on June 6, 1,987. The vote was unanimously in favor. Motion carried. SET PUBLIC HEARING MOTION made by Jensen, seconded by Abel to set April 14, 19$7, at 7:30 P.M. for a public hearing to consider amending the zoning map to change the zoning of a portion of the property along Northern Road from B-2, General Business to R- 2, Single Family Residential. The vote was unanimously in favor. Motion carried. LICENSE RENEWAL- TREE REMOVAL ~ HAWKER - FOOD VENDOR MOTION made by Johnson, seconded by Abel to authorize the issuance of the following licenses: X47 March 24, 1987 TREE REMOVAL Bear Tree Care Robert F. Dahlke Lutz Tree Service Inc. Todd Scheiding. DBA Certified Emery's Tree Service Shorewood Tree Service Tree Management Sutherland's Nursery ~ Tree Service HAI~TKER - FOOD VENDOR Blue Bell Ice-Cream The vote was unanimously PAYMENT OF BILLS in favor. Motion carried. MOTION made by dessen~ seconded by Johnson to approve the payment of bills as presented on the pre-list in the amount of ~ 133.302.96. when funds are available. A roll call vote was unanimously in favor. Motion carried. DONATION The City Manager stated that Mr. & Mrs. Bernard Lister. 2721 Tyrone Lane have donated $25.00 toward the purchase of bullet- proof vests for the Police Department. A thank you letter has been sent. INFORMATION/MISCELLANEOUS: A. February 1987 Financial Report as Prepared by John Norman, Finance Director. B. Planning Commission Minutes of March 9: 1987. C. Memo dated March 16. 1987 from Jim Miller President. League of Minnesota Cities on "State of .the Cities 1987" and a copy of the report. D. Copy of the February 1987 issue of Pu 'c ManageQent magazine published by the International City Management Association. (ICMA). Main Topic is the "Council-Manager Plan". the form of government the City of Mound has. E. REMINDER: State of the Region Meeting sponsored by Metro Council. March 25~ 1987. Minneapolis - St. Paul Hilton. 1:30 - 8:30 P.M. Let me know if you want to attend and I will pre-register you. 1 F. REMINDER: Public Input Meeting on Lost Lake at the Flanning Commission Meeting, Monday. March 23. 1987. 7:30 PM ~ City Hall. ~8 March 2~+, 1987 G. Patrolman Kyle Larson has resigned his position with the Mound Police Department effective March 31, 1987. He has accepted a police officer position in Maple Grove. Kyle has served the City well the past 2 years and we extend our appreciation for his efforts and congratulate him on his new appointment. H. The Cable TV Advisory Committee will be undertaking a community survey of subscribers who presently have Cable TV service. The purpose of the survey is to collect data on such items as responsiveness of Dowden Cablesystems to Cable TV needs, reception problems, billing process, programming. etc. The City Council approved the survey concept last fall. The committee has developed this survey over the past few months to send out on or about April 1 , with return to be by May 1. We .will share the data with you once it has been tabulated. I. Park Commission minutes of March 12, 1987. meeting. J. School Board Minutes of March 9. 1987. K. REMINDER: CITY COUNCIL WORK SESSION, Saturday, March . 28, 1987 at 8:30 AM, City Hall. MOTION made by Abel. seconded by Jensen to adjourn at 11:00 P.M. The vote was unanimously in favor. Motion carried. The Council then met in Executive Session to discuss labor negotiations at 11:05 P.M. They adjourned at 11:35 P.M. J.~i~z gyn. Fran Clark, CMC, City Clerk [] BILLS---------MARCH 24, 1987 1 Batch 874031 Computer Run dated 3/14/87 Batch 874032 Computer Run dated 3/19/87 Anoka VTI Fire School Registrations Economy Dictation Examine Dictaphone SuperAmerica Feb gasoline TOTAL BILLS 96,761.45 35,331.64 280.00 15.00 914.87 133,302.96 .-