1987-04-2863
April 28, 1987
MINUTES - MOUND CITY COUNCIL - REGULAR MEETING
APRIL 28. 1987
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, April 28, 1987, at 7:30 P.M. in the
Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Steve Smith, Councilmembers Don Abel,
Liz Jensen, and Skip Johnson. Councilmem ber Phyllis Jessen
arrived at 8:20 P.M. 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,
Finance Director John Norman, City Auditor Gary Groen from Abdo,
Abdo and Eick, and the following interested citizens: Neil
Schoenhofen, Joel Krueger, John Weber, Scott Thom son, Dayton and
Margaret Williamson, Teri Erickson, Bob Hortsch, Merle Eisert,
Janet DenBeste,• Larry Cazle. Freda Olson, Barbara Messerich,
Laura and Charles Smith, William Carroty, Peter Graff, Sue Graff.
Jean Graff, Jerry Tasa. Ellen Hallquist. Dorothy Hitchings,
Rosemary DeGuise, Mark Jenks, Earl Bakken.
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 April 1~F. 1987. Regular Meeting. as submitted.
The vote Was 4 in favor With Councilmember Jessen absent and
excused. Motion carried.
PUBLIC HEARING: DELINQUENT UTILITY BILLS
The City Manager reported that the amount is now #2 ,710.44.
The Mayor opened the public hearing. There were no comments.
The Mayor closed the public hearing.
Abel moved and Johnson seconded the following resolution:
RESOLUTION #87-79 RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF #2,?10.~~
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE FOR THOSE ACCOUNTS
The vote was 4 in favor with Councilmember Jessen absent &
excused. Motion carried.
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April 28~ 1987
PUBLIC HEARING: CONSIDER PROPOSED T~TATERMAIN EXTENSION IN
• VACATED LAUREL STREET
The City Engineer explained the background of this proposed
extension.
The Mayor opened the public hearing.
The following persons spoke against the proposed extension of
watermain because of the cost:
Earl Bakken. owner of Parcel B
Jan DenBeste. purchaser of Parcels E and F
Terri Erickson. current owner of Parcels E and F
Bob Hortsch. owner of Parcel C
Ms. Jean Graff. owner of Parcel D asked what would happen if this
extension were not approved. The City Engineer stated that each
parcel would have to put in a private water line from Lynwood
Blvd. to their property.
The Mayor closed the public hearing.
MOTION made by Abel. seconded by Johnson to abandon any
further study on the watermain extension in vacated Laurel
St. The vote was 4 in favor with Councilmember Jessen absent
and excused. Motion carried.
PUBLIC HEARING - CASE #87-623• CONSIDER THE ISSUANCE OF A CON-
DITIONAL USE PERMIT FOR THE OPERATION OF A FAST
FOOD. CONVENIENCE. DRIVE-IN RESTAURANT (CLASS
II) LOCATED AT~2330 WILSHIRE BLVD. DOMINOtS
PIZZA (PID #13-117-24 34 072)
The Building Official explained that there would be from 3 to 12
people employed and that 95~ of the business would be take-out or
delivery. The Staff recommends approval with the following three
conditions:
1. All required county permits shall be obtained from the
Health Dept.
2. All signage shall conform to the Mound Sign Ordinance.
3. The applicant shall identify the location for a screened
trash dumpster for review and approval by the Mound
Building Official.
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 #87-80 RESOLUTION AUTHORIZING THE ISSUANCE OF A
CONDITIONAL USE PERMIT FOR THE
INSTALLATION OF A CLASS II RESTAURANT IN
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April 28. 1987
THE CENTRAL BUSINESS DISTRICT (B-1) AT
2330 WILSHIRE BLVD., (PID #13-117-2~ 3~
0072)
The vote was 4 in favor with Councilmember Jensen absent and
excused. Motion carried.
COHHENTS ~ SUGGESTIONS FROH CITIZENS PRESENT
There were no comments or suggestions.
SET DATE FOR PUBLIC HEARING FOR PUBLIC INPUT ON 1988 BUDGET
MOTION made by Abel, seconded by Jensen to set Nay 12, 1987,
immediately following the Local Board of Review, for a public
hearing to solicit public input on the 1988 Budget. The vote
was ~ in favor w ith Councilmember Jessen absent and excused.
Motion carried.
Councilmember Jessen arrived at 8:20 P.M.
CASE #87-620• APPROVAL OF RESOLUTION AUTHORIZING A CONDITIONAL
USE PERMIT, LOT SIZE VARIANCE ~ SETBACK VARIANCES
FOR GRIMMTS STORE LOCATED AT 3069 BRIGHTON BLVD
- PID #2~-117-24 43 0017
MOTION made by Johnson, seconded by Jensen. to approve
the written form of Resolution #87-b5 adopted at the April
1~, 1987. The vote was unanimously in favor. Motion
carried.
CASE #87-621: MARK JENKS, ~F932 BEDFORD ROAD. LOTS 16 ~ 17.
BLOCK 38, WYCHWOOD, PID #2~-117-2~ ~1 0157. REAR
YARD SETBACK VARIANCE
The Building Official explained the request. The Planning
Commission recommended approval. The applicant was present.
Jensen moved and Abel seconded the following resolution:
RESOLUTION #87-81 RESOLUTION TO CONCUR WITH THE PLANNING
COH MISSION AND APPROVE A REAR YARD
VARIANCE-AND RECOGNIZE AN EXISTING
NONCONFORMING FRONT YARD SETBACK FOR LOTS
16 AND 17, BLOCK 38, WYCHWOOD (PID #24-
117-24 41 0157 0 932 BEDFORD ROAD), CASE
#87-621
[1
The vote was unanimously in favor. Motion carried.
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April 28, 1987
CASE #87-625• JAMES ~ JOSEPHINE SHARP, 4925 GLEN ELYN ROAD, LOT
2?, BLOCK 24, SHADYWOOD POINT, PID #13-117-24 11
Q097, LOT AREA VARIANCE
The Building Official explained the request. The Staff and the
Planning Commission recommended denial.
MOTION made by Johnson, seconded by Jessen to concur with the
Planning Commission and deny the request for a lot area
variance because it is not a hardship. The vote was
unanimously in favor. Motion carried.
CASE #87-626- J THOMAS LEPISTO, 5325 WATERBURY RD., WEST 1/2
OF LOT 54, WHIPPLE SHORES, PID #25-117-24 21 0154,
REAR YARD VARIANCE
The Building Official explained the request. The Staff and
Planning Commission have recommended approval.
Jensen moved and Abel seconded the following resolution:
RESOLUTION #87-82 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE A 9 FOOT REAR YARD
VARIANCE FOR WEST 1/2 OF LOT 54, WHIPPLE
SHORES, PID #25-117-24 21 0154, CASE #87-
626
The vote was unanimously in favor. Motion carried.
CASE #87-627• MIKE ~ JUDY GARDNER, 1599 BLUEBIRD LANE, LOT 18 ~
l9_, BLOCK 6, WOODLAND POINT, PID #13-117-24 12
0128, REAR & SIDEYARD VARIANCES
The Building Official explained the request. The Staff
recommended denial due to lack of actual hardship and the
Planning Commission tie voted.
The Council discussed this item at length. Barbara Messerich,
1593 Bluebird expressed concern about drainage onto her property
from the 2nd story addition.
Smith moved and Johnson seconded the following resolution:
RESOLUTION #87-83 RESOLUTION TO APPROVE THE VARIANCES AS
REQUESTED INSERTING THE THREE ITEMS THAT
PLANNING COMMISSION RECOMMENDED, CASE #87-
627, LOTS 18 & 19, BLOCK 6, WOODLAND POINT
Councilmember Jessen stated that she did not like
intensifying this nonconforming use and expressed concern for
the integrity of the Zoning Ordinance. Councilm embers Abel,
Jensen and Johnson agreed.
67
April 28 ~ 1987
The vote on the resolution was one in favor with Abel, Jensen.
Jessen and Johnson voting nay. Motion failed.
CASE #$7-628: NEIL ~ LINDA SCHOENHOFEN, 6116 BARTLETT BLVD.
METES ~ BOUNDS DESCRIPTION, PID #23-117-2~4 31 0002
MINOR SUBDIVISION
The Building Official explained the request. The Staff and
Planning Commission recommended approval.
Jensen moved and Johnson seconded the following resolution:
RESOLUTION #87-83 RESOLUTION TO APPROVE HINOR SUBDIVISION
FOR METES AND BOUNDS DESCRIPTION, PID #23-
117-24 31 0002. (6116 BARTLETT BLVD.) CASE
#87-628
The vote was unanimously 4n favor. Motion carried.
C~iSE #87-629:~ DAYTON ~ MARGARET WILLIAMSON, 2012 VILLA LANE,
LOTS 1 ~ 2, BLOCK 5, ABRAHAM LINCOLN•ADDITION TO
LAKESIDE PARK, PID #13-117-24 31 0023, FRONT YARD
SETBACK VARIANCE
The Building Official explained that the addition to be built
would meet all setback requirements and the applicant only needs
for the Council to recognize the existing nonconforming setbacks.
The Planning Commission tie voted in this item.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION #87-84 RESOLUTION TO RECOGNIZE EXISTING
NONCONFORMING SETBACKS TO ALLON AN
ADDITION TO 2012 VILLA LANE, LOTS 1 ~ 2.
BLOCK 5. ABRAHAM LINCOLN ADDITION TO
LAKESIDE PARK PID #13-117-2~ 31 0023.
CASE #87-629
The vote was unanimously in favor. Motion carried.
EXTENSION OF RESOLUTION.#87-59
The City Clerk explained that Gary Heines has requested another
.• extension of Resolution #85-59 because he cannot get the
financing together before the expiration.
Smith moved and Abel seconded the following resolution:
RESOLUTION #87-85 RESOLUTION TO EXTEND RESOLUTION #85-59 FOR
ANOTHER YEAR - EXPIRATION MAY 13, 1988
The vote was unanimously in favor. Motion carried.
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April 28. 1987
TAX FORFEIT LANDS
The City Clerk explained that the City would like to acquire PID
X19-117-23 23 0037 (Lot 4, Block 17. Seton) for park and
wetlands.
Abel moved and Jensen seconded the following resolution:
RESOLUTION #87-86 RESOLUTION AUTHORIZING APPLICATION FOR
CONVEYANCE FROM THE STATE OF CERTAIN TAX
FORFEIT LANDS
The vote was unanimously in favor. Motion carried.
The City Clerk explained that the City w ould like to release the
following parcels to be sold at public auction:
PID ~~19-117-23 33 0192. Lot 43 and the W 10 ft of Lot ~4 also
all that part of vac st lying between
Wly extensions across it of the N and
S lines of said Lot ~~4.~Pembroke
PID X30-117-23 22 0021. Lots 3 and ~. Block 4. Devon
Johnson moved and Jessen seconded the following resolution:
RESOLUTION #$7-87 RESOLUTION RELEASING CERTAIN TAX FORFEIT
LANDS TO HENNEPIN COUNTY FOR PUBLIC
AUCTION AND CERTIFYING THE SPECIAL
ASSESSMENTS
The vote was unanimously in favor. Motion carried.
The City Clerk explained that the following parcels are
undersized lots and the City would like to release these to be
sold only to owners of adjoining properties and combined with
those properties:
PID 419-117-23 33
PID X25-117-2~4 21
PID X25-117-24 21
PID X13-117-24 11
PID X13-117-24 12
0168.
0073
0135.
0058
0026.
Lot;
Lot
Lot
20,
Lot
Lot
s 21. Block 1~. Pembroke
10. Bloek 23. Whipple
12 and N 10 ft of Lot 13. Block
Whipple
16, Block 16~ Shadywood Point
22. Block 2, Dreamwood
PID ~~13-117-24 12 0055. Lot 11, Block 5. Dreamwood
PID ~~2~-117-24 4~ 018. Lot 23~ Block 12a Arden
6g
April 28. 1987
PID X25-117-2~4 11 013b. That part of Lot 8. Block 10~ Devon
_ lying S of the N 15 ft thof also all
of Lot 13 said Block 10. Devon
There was discussion about restricting tax forfeit lots that are
within the 10~ of lot area for sale to adjoining property owners.
Johnson moved and Abel seconded the following resolution:
RESOLUTION X87-88 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 RESTRICT THE SALE TO
O1dNERS OF ADJOINING LANDS
The vote was 4 in favor with Mayor Smith voting nay. Motion
carried.
AN ORDINANCE ADDING SECTION 206 TO THE CITY CODE
The City Attorney presented the prepared ordinance.
Councilmember Jensen asked that all the terms "his" in the
ordinance be corrected to read "his/her". The Attorney agreed
and apologized.
Jensen moved and Abel seconded the following:
ORDINANCE #3 AN ORDINANCE ADDING SECTION 206 TO THE
CITY CODE PROVIDING FOR THE DEFENSE AND
INDEMNIFICATION OF OFFICERS AND EMPLOYEES
OF THE CITY
The vote was unanimously in favor. Motion carried.
PRESENTATION OF FINANCIAL_AUDIT__~'OR_YEAR ENDED DECEMBER 31. 1986
Gary Groen. Abdo. Abdo & Eick and John Norman. Finance Director
reviewed specific items in the Audit with the City Council.
Abel moved and Jensen seconded the following resolution:
RESOLUTION X87-89 RESOLUTION ACCEPTING AND APPROVING THE
AUDIT AND FINANCIAL REPORT FOR 1986
The vote was unanimously in favor. Motion carried.
RECOMMENDATIONS FROM THE PLANNING COMMISSION RE- LOST LAKE
The City Manager reviewed the recommendations from the Planning
Commission with the City Council.
The Council discussed items they felt should be included in an
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April 28. 1987
RFP. The four items in the Planning Commission recommendation
related to development of Lost Lake were discussed. These items
will be integrated into the RFP.
MOTION made by Johnson. seconded by Jensen directing the
Staff to prepare an RFP enphasizing the Country Inn concept
and incorporating all items recommended by the Plannin g
Commission. The RFP to be brought back to the Planning
Commission on June 6. 1987 and back to the Council for
consideration at the June 23rd meeting. The vote was
unanimously in favor. Motion carried.
VIEW LICENSES ~ LICENSE RENEWALS
MOTION made by Jensen. seconded by Johnson to authorize the
issuance of the following licenses:
Mound Volunteer Fire Dept. - June 13. 1987 Fish Fry
,Charitable Organization 3.2 Beer Permit
Public Dance Permit
Set-Up Permit - fee waived
Tree Removal License
Aaspen Tree Service
Bowlin¢
8 Lanes - Mound Lanes
Games of Skill
1 - Al ~ Alma's
~ - Captain Billy's
5 - Donnies on the Lake
Juke Boa
1 - American Legion
1 - Donnies on the Lake
1 - YFW Post #5113
fool Table
2 - Captain Billy's
1 - Donnies on the Lake
2 - YFW Post #5113
Restaurant
Al ~ Alma's
American Legion
Minnetonka Boat Rental
Captain Billy's
Donnies on the Lake
Happy Garden
Hardee's
Hidden Treasures
House of Moy
71.
April 28. 1987
Mound Lanes
VFW Post #5113
Sunda y_ Liquor
VFW Post #5113
The vote was unanimously in favor. Motion carried.
,~AYHENT OF BILLS
MOTION made by Abel. seconded by Johnson to approve the
payment of bills as presented on the pre-list. in the amount
of i122~431.03. when funds are available. A roll call vote
was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS:
A. March 1987. Financial Report as Prepared by John Norman,
Finance Director
B. Preliminary Program for the Annual League of Minnesota
Cities Conference to be held June 9-12 in Rochester.
(This is the week of our 75th Anniversary/Mound City
Days Celebration.) If you are interested in attending.
please let me know as soon as possible.
C. Proposed rate change being filed on interexchange
services in Minnesota by AT&T Communications of the
Midwest. Inc. The filing represents a restructuring of
the long distance service schedule price increases in
Channel Services and an overall reduction in WATS
prices.
D. Planning Commission Minutes of April 13, 1987.
E. City Attorney's previous correspondence setting forth
.the difference between motions, resolutions and
ordinances. I think this information will be useful.
F. Letter from Joyce Clark, Bartlett Blvd. resident. re:
Bass Fishing Contest at Mound Bay Park
G. REMINDER: Work Session, Saturday, April 25th. 8:30.
A.M., City Council Chambers
H, Copy of LMC ACTION ALERT, re: Three Percent Levy Limit
and LGA Cuts. I have already informed Senator Gen Olson
and Representative John Burger of our opposition to any
reduction or elimination of LGA. This alert from the
League is a new "twist" and I will be contacting Olson
and Burger again. This would be devastating for all
cities.
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April 28, 1987
MOTION made by Abel. seconded by Jensen to adjourn at 10:50
P.M. The vote was unanimously in favor. Motion carried.
~--`.
and J. ~Y~Gkle, Jr., City Manager
(1 ~
Fran Clark, CMC, City Clerk
1
_~
BILLS---------APRIL 28, 1987
1
f1
Computer Run dated 4/18/87 Batch 874041
Computer Run dated 4/23/87 Batch 874042
Dock Refunds 1,861.75
Kimler Roofing Re roof fire sta 3,352.00
SuperAmerica March gasoline 922.02
Connie Stahlbusch Reserve Expenses 38.10
Loren Koehnen Plan Reviews 255.34
TOTAL BILLS
71,570.05
44,431.77
122,431.03