1987-04-1453
April 14, 1987
MINUTES - MOUND CITY COUNCIL - REGULAR MEETING
APRIL 1~. 1987
The City Council of Mound, Hennepin County. Minnesota, met in
regular session on Tuesday, April 14, 1987, at 7:30 P.M. in the
Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Steve Smith, Councilmen hers Don Abel,
Liz Jensen, Phyllis Jessen and Skip Johnson. Also present were:
City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City
Attorney Curt Pearson, Building Official Jan Bertrand, City
Engineer John Cameron, City Planner Mark Koegler and the
following interested citizens: Devlin Gleason, Jim Wilson, Nancy
Clough. Frank Nissen, Jules Illies, Ann Eberhart, Bob Brown.
The Mayor opened the meeting and welcomed the people in
attendance. The Pledge of Allegiance was recited.
MINUTES
MOTION made by Able, seconded by Jensen to approve the
Minutes of the March 24. 1987. Regular Meeting, as submitted.
The vote was unanimously in favor. Motion carried.
1
PUBLIC HEARING- CASE #87 6 0• CONDITIONAL USE PERMIT. LOT SIZE
~ SETBACK VARIANCES, FOR GROCERY STORE (GRIMH~S
STORF), AT 3069 BRIGHTON BLVD . DEVLIN GLEASON
The City Planner reviewed his written report and recommendations
on Pages 90? and 908 of the Council Packet.
The Mayor opened the public hearing. There were no comments.
The Mayor closed the public hearing.
Johnson moved and Abel seconded the following resolution:
RESOLUTION #87-65 RESOLUTION TO APPROVE LOT SIZE AND SETBACK
VARIANCES AND ISSUANCE OF A CONDITIONAL
USE PERMIT FOR A GROCERY STORE (GRIMM~S
STORE) AT 3069 BRIGHTON BLVD., DEVLIN
GLEASON, P & Z CASE #87-620
There was discussion on perpetuating a nonconforming use.
The vote was unanimously in favor. Motion carried.
RESET PUBLIC HEARING DATE
MOTION made by Jessen. seconded by Abel to reset a pub~.ic
hearing to consider amending the Zoning Hap to change the
zoning of a portion of property along Northern Road from B-2,
54
April 1 ~4 , 1987
General Business to R-2. Single Family Residential for Hay
12. 1987. at 7:30 P.M. The vote was unanimously in favor.
Motion carried.
PROCLAMATION FOR ANNUAL SALE OF BUDDY POPPIES BY THE VFW
Johnson moved and Smith seconded the following resolution:
RESOLUTION #87-66 RESOLUTION PROCLAIMING THE ANNUAL SALE OF
BUDDY POPPIES BY THE VFW
The vote was unanimously in favor. Motion carried.
AMENDMENT 0 RESOLUTION 87-59. VFW POST 5113. P ~ Z CASE #86-558
The City Engineer explained the proposed amendments to the
resolution of approval.
The Council discussed a schedule for the completion of the
parking lot. The City Attorney suggested that 'a completion
schedule and completion date of July 1. 1988, be added to the
proposed resolution. Also that the Letter of Credit be extended
to July 1. 1988. Mr. Jules Illies was present and stated that
the entire parking lot except parking spaces 1-10 would be
curbed. guttered and blacktopped. They would like to let spaces
1-10 settle because of poor soil before completing that area.
The Council agreed.
Abel moved and Johnson seconded the following resolution:
RESOLUTION #8?-67 RESOLUTION AMENDING RESOLUTION #87-59.
HOUND V.F.W. POST 51 i 3. COHHERCE BLVD.
The vote was unanimously in favor. Motion carried.
STREET LIGHT REQUEST - OAKLAWN LANE
The City Manager presented the petition and explained the
request. The Staff recommended approval.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION #87-68 RESOLUTION APPROVING THE INSTALLATION OF A
STREET LIGHT IN THE 2900 BLOCK OF OAKLAWN
LANE BETWEEN, IDLEWOOD ROAD AND COUNTY ROAD
110
The vote was unanimously in favor. Motion carried.
STREET LIGHT REQUEST - THREE POINTS BLVD DOVE LANE
The City Manager presented the petition and explained the
request. The Staff recommended approval.
55
April 1~+, 1987
Abel moved and Jensen seconded the following resolution:
RESOLUTION #87-69 RESOLUTION APPROVING THE INSTALLATION OF A
STREET LIGHT AT THE CORNER OF THREE POINTS
BLVD. AND DOVE LANE. 5118 THREE POINTS
BLVD.
The vote was unanimously in favor. Motion carried.
COMHENTS ~ SUGGESTIONS FROM CITIZENS PRESENT
Ann Eberhart, 1708 Dove Lane thanked the Council for their quick
action on the authorization for the installation of a street
light.
LABOR AGREEMENT. LOCAL #320, PUBLIC WORKS
The City Manager explained that he has negotiated a tentative
agreement with Local 320. Public Works Employees. He then
explained the changes as outlined on page 934. He further
explained that the amount is within the 1987 Budget as adopted.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #87-70 RESOLUTION TO AUTHORIZE THE MAYOR AND CITY
MANAGER TO ENTER INTO A LABOR AGREEMENT
WITH THE MINNESOTA TEAMSTERS PUBLIC AND
LAW ENFORCEMENT EMPLOYEES UNION, LOCAL
320. PUBLIC WORKS EMPLOYEES CONTRACT
The vote-was .unanimously in favor. Motion carried.
BID AWARD: 1987 SEAL COAT PROGRAM
The City Engineer explained that the three bids received w ere as
follows:
Allied Blacktop ~33~240.00
Bituminous Roadways ~~F1,800.00
Buffalo Bituminous $36.900.00
He is recommending Allied Blacktop.
Abel moved and Johnson seconded the following resolution:
RESOLUTION #8?-71 RESOLUTION AWARDING THE BID FOR THE 1987
SEAL COAT PROGRAM TO ALLIED BLACKTOP IN
THE AMOUNT OF 133.240.00
The vote was unanimously in favor. Motion carried.
56
April 1 ~4. 1987
REQUEST TO USE LAUNCHING FACILITIES AT MOUND BAY PARK - MINNESOTA
OPEN BASS CLASSICS
The City Manager explained the request. There was discussion on
the early morning noise of racing boats. the parking of trailers
on side streets. litter left behind. granting permission for the
July dates requested contingent on how the June 7th tournament is
handled.
NOTION by Smith. seconded by Johnson to approve the three
dates (June 7. July 18 and 19. 1987). asking that the City
Manager utrite a letter Welcoming the tournament but
expressing the concerns addressed above. The vote Was
unanimously in favor. Motion carried.
DISCUSSION• EXTERIOR STORAGE
The City Manager explained that at the last work session he was
asked to put this back on the Agenda, He included in the packet
the descriptions of the slides shown at the work session. three
years of complaints, the old ordinanee~ the new ordinance. and
the Planner's report on what other cities. have for recreational
storage ordinances.
The Mayor stated he was glad this was back on the Agenda and
unless he hears from the public otherwise, he would like to see a
lot of the language relating to storage of recreational vehicles
deleted from the current ordinance.
The City Attorney stated that because this would be an amendment
to the Zoning Ordinance it has to go to the Planning Commission
to solicit their advice and recommendations.
MOTION made by Smith. seconded by Abel to send Ordinance #~88
back to the Planning Commission to hold public hearings on it
and then return it to the City Council.
Discussion: Councilmem ber Johnson suggested giving the
Planning Commission some direction. He feels the ordinance
is too restrictive in that a 55 foot boat is legal on the
lake. but it is illegal to store it in your yard. He would
also like to know what is "storage"? Is "storage" when you
store a boat over winter and launch it next Spring or is
storage when a boat sits there for years? He asked for a
definition of "storage" for recreational vehicles. (He
cited a person with a recreation vehicle who travels every
other weekend. Is the vehicle "stored" on the weekends he is
not traveling or is it "parked" on those weekends?)
The Council agreed that there should be sufficient notice
given to the public of the Planning Commission hearings and
the issues are and what kind of input they are looking
57
April 1~4. 1987
for on the subject.
Councilmem ber Jessen-stated that she has had some complaints
on exterior storage because of aesthetics and she would also
like to see this faction of the public represented at these
hearings.
Requesting that the Planning Commission consider the items
that have been discussed tonight giving this item their
full attention and thought and return it to the City Council
by the first meeting in August. The vote was unanimously in
favor. Motion carried.
HENNEPIN COUNT_Y_1~OAD 15 PROJECT
The City Engineer gave the preliminary cost estimate of what
Mound's participation would be in this project. He then reviewed
a very preliminary cost estimate for adding new street lights to
the project from Commerce Blvd. to Fairview Lane and the
replacement of watermain from Fairview Lane to Fernside Lane.
curb and gutter and concrete apron storm sewer and sidewalks.
There was discussion on the amount to be assessed private
property for the added improvements.
The City Engineer explained that a decision on the new street
lights and/or watermain replacement must be made by the City soon
because Hennepin County would like final plans to them by the
first part of June. if we are to have this included in the
County's plans for construction.
The City Attorney suggested that the next step would be for the
Council to order the preparation of a feasibility report.
Jessen moved and Abel seconded the following resolution:
RESOLUTION #8?-72 RESOLUTION ORDERING THE PREPARATION OF A
REPORT ON IMPROVEMENT IN CONNECTION WITH
THE COUNTY ROAD 15 IMPROVEMENT PROJECT
The vote was unanimously in favor. Motion carried.
GARDEN LEASES
MOTION made by Smith. seconded by Johnson to authorize the
Mayor and City Manager to enter into leases with Herman
Schrupp. Ray Kramer and Leo Wallis to lease certain lots for
garden plots. The vote was unanimously in favor. Motion
carried.
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April 14, 1987
AUTHORIZE SELLING CITY PROPERTY
The City Clerk explained that a property owner has requested that
the City sell him part of the Southwest 1/2 of Lot 16, Block 14,
Arden, which will be combine with adjacent property to make the
resident's property more conforming. The recommended selling
price is $400.00.
Johnson moved and Abel seconded the following resolution:
RESOLUTION #87-73 RESOLUTION AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE A QUIT CLAIM DEED TO
SELL THE PART OF LOT 16. BLOCK 1~4, ARDEN
The vote was unanimously in favor. Motion carried.
The City Clerk explained that selling.Lots in Block 11 and part
of Lots in Block 10, Whipple will enable the owner of Blocks 15
and 16, Whipple to have access on an improved right-of-way, thus
allowing him to develop those blocks. The recommended selling
price is $2,482.72. The remaining special assessments will be
assessed over the nine remaining years of the assessment at 896
interest on the unpaid balance, per year.
Abel moved and Jessen seconded the following resolution:
RESOLUTION #87-74 RESOLUTION TO AUTHORIZE THE MAYOR AND CITY
MANAGER TO EXECUTE QUIT CLAIM DEED SELLING
CITY PROPERTY, PID #25-117-24 12 0225
The vote was unanimously in favor. Motion carried.
The City Clerk explained that an adjoining property owner is
interested in purchasing Lot 2, Block 13. Avalon. The City only
needs an utility easement on this property and it could be
reconveyed back to the State for sale to adjoining property
owners only. That is the recommendation.
Jensen moved and Jensen seconded the following resolution;
RESOLUTION #87-75 RESOLUTION RECONVEYING (IF NECESSARY)
CERTAIN TAX FORFEIT LANDS BACK TO THE
STATE AND REQUESTING THE COUNTY BOARD TO
IMPOSE CONDITIONS ON THE SALE OF SAID TAX
FORFEIT LANDS AND TO RESTRIGT THE SALE TO
OWNERS OF ADJOINING LANDS
The vote was unanimously in favor. Motion carried.
CISY ATTORNEY ~ PROSECUTING ATTORNEY ANNUAL REPORTS
The written reports were presented in the Council packet.
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April 14. 1987
GAMBLING LICENSE - VFW POST #5113
The City Clerk explained that this license is issued by the State
and if there are no objections to the State issuing this license.
no action is necessary. No action was taken.
,~i0 SMOKING POLICY
MOTION made by Jensen. seconded by Abel to designate °No
Smoking° in the City Council Chambers during public meetings
except at the back conference table. The vote Was
unanimously in favor. Motion carried.
DEFENSE & INDEMNITY OF CITY COUNCIL MEMBERS. EMPLOYEES. ~
APPOINTED OFFICIALS
The City Attorney explained the ordinance that he had written to
cover another municipality to relieve a major concern of many
commissioners (Park. Planning. etc.) and elected or appointed
officials that the City will defend save harmless and indemnify
these people against any tort. claims. demand. whether groundless
or otherwise. arising out 'of an alleged act of omission occurring
in the performance of their duties. The Council discussed
Subdivision 4. Right to Personal Counsel.
The City Attorney suggested that he put the proposed ordinance in
formal form for Mound's Code and bring it back to the next
meeting for formal adoption. The Council agreed.
CDBG FUNDING REQUEST (YEAR XII FUNDS) FROM WESTONKA INTERVENTION
PROJECT
The City Manager explained that he has received a proposal from
Westonka Intervention Project and has reviewed this with Hennepin
County CDBG. Larry Blackstad from Hennepin County stated that
this money would. come from reallocated funds of Year XII but if
the City wanted to use more than $2,000 for this project. a
public hearing would be required. The City Manager recommended
that funding either stay at last years Level of X1.000 or be
increased to X2.000.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION #87-76 RESOLUTION APPROVING THE ALLOCATION OF
i2~000 IN CDBG FUNDS FROH YEAR XII FOR
WESTONKA INTERVENTION PROJECT
The vote was unanimously in favor. Motion carried.
They asked that Westonka Intervention present the Council with
semiannual verbal reports.
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April 14, 1987
PAYMENT OF BILLS
MOTION made by Johnson. seconded by Jensen to approve the
payment of bills as presented on the pre-list. in the amount
of 1129.369.73. when funds are available. A roll call vote
was unanimously in favor. Motion carried.
SET PUBLIC HEARING DATE
.MOTION by Smith. seconded by Abel to set April 28. 198?. at
7:30 P.M. for a public hearing to consider the issuance of a
Conditional Use Permit for the operation of a fast food.
convenience. drive-in restautrant (Class II) located at 2330
Wilshire Blvd. The vote was unanimously in favor. Motion
carried.
INFORMATION/MISCELLANEOUS:
A. March 1987, Monthly Reports as Prepared by the Department
Heads.
B. Minnetrista's response to City Manager's letter of March 31,
1987, regarding Proposed Lake Minnetonka Regional Park.
C. Action Alert from the League of Minnesota Cities Regarding
and Election Bill in the Legislature, Senate File X1341,
which everyone should oppose.
D. Another thank you letter to Ms. Grace Brunner and Ms. Eugenia
Petersen for their 550.00 donation for the purchase of
bullet-proof vests for the Police Dept.
E. An invitation to the next Mound City Days Meeting to be held,
Wednesday. April 22, 1987, at 7:30 P.M. Mound City Hall.
F. L.M.C.D. 1986 Financial Statement.
EXECUTIVE SESSION
The City Council went into Executive Session at 9:35 P.M. to
discuss labor negotiations. They returned at 10:10 P.M.
UNION CONTRACTS
The City Manager explained that the other two labor contracts are
ready for the Council to consider for approval.
Abel moved and Johnson seconded the following resolution:
RESOLUTION #87-77 RESOLUTION TO AUTHORIZE THE MAYOR AND THE
CITY MANAGER TO ENTER INTO A LABOR
AGREEMENT WITH THE MINNESOTA TEAMSTERS
PUBLIC AND LAW ENFORCEMENT EMPLOYEES
1
0
61
0
April 14. 1987
UNION, LOCAL 320 - POLICE PATROLMEN
The vote was unanimously in favor. Motion carried.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION #87-78 RESOLUTION TO AUTHORIZE THE MAYOR AND CITY
MANAGER TO ENTER INTO A LABOR AGREEMENT
WITH THE LAW ENFORCEMENT LABOR SERVICE,
INC.: LOCAL 35 - LELS POLICE
SUPERVISOR/SERGEANTS
The vote was unanimously in favor. Motion carried.
MOTION made by Jessen, seconded by Abel to adjourn at 10:20
P.M. The vote was unanimously.-iU favor_ Motion~ca~ri~d.
1
Edward J. Sh
. Jr.,
ty Manager
Fran~Clark~ CMC, City Clerk
BILLS--------APRIL 14, 1987
Batch 874033 Computer Run dated 4/3/87 33,715.43
Batch 874034 Computer Run dated 4/9/87 92,998.97
Brad Landsman Reimb for hdwe-fire dept 13.92
First Trust St. Paul Bank Bond fee 438.75
Martins 66 Auction proceeds 2,172.20
Reserves Mtg costs 30.46
TOTAL BILLS
129,369.73
L'_