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1987-06-23105 June 23, 1987 MINUTES - MOUND CITY COUNCIL - REGULAR HEFTING The City Council of Mound, Hennepin County, Minnesota. met in regular session on Tuesday, June 23, 1987, at 7:30 P.M. in the Council Chambers at 5341 Maywood Road, in said City. _ Those present w ere: Mayor Steve Smith, Councilor embers 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. City Engineer John Cameron. City Planner Mark Koegler, Building Official Jan Bertrand, Finance Director JohnNorman, Hennepin County Assessors Don Monk and Keith Rennerfeldt, and.-the following interested citizens: Mohamed Hamoude, Anthony Barrett, Wayne E. Ehlebracht, Pat Swenson, Audrey Jacobsen, ,Lavon & Alyce Cooper. Lance..&--Liz Coppin, Jim Bedell, Steve Coddon, Mark Lundgren, Ralph McCrehin, Roger Reed, Paul Pond, Wonda McCreaig, Oswin Pflug,• K. Peter Siessenbuettel, Murial & Henry Reintz, Janet Derby. James Lovestand, Darlene Luebke. Kip Sherman, Don Ulrich. Jerry Longpre, Irene Porter, Sterling Peterson, Gloria Fechter. 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 Work Session Minutes of June 3. 1987; Regular Meeting Minutes of June 9. 198?; and the Work Session Minutes of June 15. 1987. as presented. The vote Was unanimously in favor. Notion carried. CONTINUATION OF PUBLIC HEARING ON METHOD OF ASSESSING The Mayor reopened the public hearing. No one in the audience came forward to be heard. .The Mayor closed the public hearing. The Mayor then stated he sees one of three things can be done: 1. The Council could vote to cancel the assessing contract with Hennepin County; or 2. The Council could take no action; or 3. The Council could take this under advisement and seek out other contract services to see if those costs w ould be less than Hennepin County. He stated he favored number 3. Councilmember Jessen read the letter from Leonard Kopp, former City Manager, who stated he was in favor of staying with Hennepin County. She also noted that former Mayor Bert Larson had also submitted a letter in favor of Hennepin County. 106 June 23. 1987 Councilmem ber Jensen state that she submitted a letter from Geoff Michael in favor of Hennepin County. NOTION made by Abel. seconded by Smith directing the City Manager to seek out other contract assessing services and compare the costs With What the City is nov paying Hennepin County. There was discussion by the Council. The vote Was ~ in favor t~ith Councilmember Jessen voting nay. Motion carried. PUBLIC HEARING: CONSIDER MAKING STREET IMPROVEMENTS TO SHORE- LINE BLVD. (CTY. RD. 15) BETWEEN COMMERCE BLVD. AND THE HOUND CITY LIMITS AT SETON CHANNEL BY THE CONSTRUCTION OF CURB AND GUTTER, CONCRETE DRIVEWAY APRONS, SIDEWALK AND STORM SEWER The City Attorney explained the background of the proposed improvement and that this is just a hearing to determine if the Council wants to proceed with this project. He explained the City's responsibilities as they relate to Minnesota Statute Chapter 429. The City Engineer explained that the County is in the last stages of finalizing plans for the upgrading of County Road 15. Those final plans will com a back to the Council for their approval. He handed out explanation sheets and reviewed them with the public (Exhibit A) for these costs and the proposed assessments. He stated that the watermain replacement would be paid from the .. Water Fund. The Mayor opened the public hearing. Mr. Jim Bedell. 4801 Shoreline Blvd.. presented a petition signed by 27 persons and 3 persons that were polled by phone stating the following: "W a the undersigned. as abutting property owners are opposed to being assessed for the County Road 15 improvements." The following people had questions or spoke against the proposed improvements and gave the following reasons: 1. Jim Bedell 4801 Shoreline Blvd. 2. Steve Coddon. 4629 Aberdeen Road 3. Henry Reinitz. 2308 Fernside Road 4. Paul Pond 5424 Shoreline Blvd. 5. Pat Swenson, 5050 Shoreline Blvd. 6. Mark Lundgren. Balboa Properties 7. Oswin Pflug. 4851 Shoreline Blvd. 8. Roger Reed. 5424 Shoreline Blvd. I 107 June 23, 1987 9. 10. 11. 12. 13. Jim Lovestrand, 5001 Shoreline Blvd. Liz Coppin. 8201 County Road 26 Janet Derby. 5032 Shoreline Blvd. Anthony. Barrett. X867 Shoreline Blvd. Wayne Ehlebracht, X867 Shoreline Blvd. Questions on the improvements and reasons from people listed above for objection: 1. Will railroad be assessed? Yes, if benefit to their property can be shown. 2. Will credit be given to people who have already been assessed for a previous street project? Credit for storm sewer would be given, but that is all. 3. When would this become an assessment? If passed tonight, it w ould be a pending assessment on all the properties immediately. ~. Don't need sidewalk on both sides of Shoreline Blvd. 5. Don't want to lose trees or shrubs on property. 6. Generally against the entire project, including street lights. ?. Don't want sidewalks, only need good shoulders, curb and gutter. and good roads. 8. Are sidewalks really required? Engineer to check with Hennepin County. The City .Engineer explained the MSA Construction Fund and that approxim ately 5189,600 of Mound's share would be eligible for reimburse ment. The Mayor closed the public hearing. Council discussion on the number of years this project has been in the works and the need for the improvements. Jessen moved and Abel seconded the following resolution: RESOLUTION #87-1i2 RESOLUTION ORDERING THE ADDITIONAL COUNTY ROAD 15 IMPROVEMENTS AND PREPARATION OF PLANS ~ SPECIFICATIONS; AND DIRECTING THE STAFF TO NEGOTIATE A CONTRACT T~ITH HENNEPIN COUNTY FOR THE UPGRADING OF COUNTY ROAD 15 Motion made by Smith. to delete the sidewalks from the proposed improvements. The motion died for lack of a second. The vote was ~ in favor with Smith voting nay. Motion carried. gUBLIC HEARING• CONSIDER MAKING IMPROVEMENTS ON SHORELINE BLVD. SCTY RD t5l BETWEEN COMMERCE BLVD. AND FAIR- VIEW LANE BY THE ADDITION OF STREET LIGHTS 108 June 23. 1987 The City Engineer presented his preliminary report and the estimated costs. He also went over the second page of (Exhibit A) which contained estimated assessments.. The Mayor opened the public hearing. The following persons spoke: Mark Lundgren. representing Balboa - not in favor of all the street lights proposed. Paul Pond - asked if the County was requiring the new street lights. The Engineer stated no and explained the cost of the old lights to maintain and operate as outlined in his report. The Engineer further stated that they had a lighting expert look at the area at night and the lights presently in use are not adequate. The Mayor closed the public hearing. Abel moved and Smith seconded the following resolution: RESOLUTION #87-113 RESOLUTION ORDERING THE STREET LIGHT IMPROVEMENT ON COUNTY RAOD 15 AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR SANE The vote was unanimously in favor. Motion carried.. COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT There were none. PUBLIC HEARING: DELINQUENT UTILITY BILLS The City Manager reported that the total is down to $1,931.89. Jensen moved and Abel seconded the following resolution: RESOLUTION #87-114 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOONT OF 11,931.89 • AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE FOR THOSE ACCOUNTS The-vote was unanimously in favor. Motion carried. CASE #87-649: JAMES A. MC CREHIN, 3137 DONALD DRIVE. LOT 11, BLOCK 14. PEMBROKE. PIA #19-117-23 33 0161.. VARIANCE TO RECOGNIZE EXISTING NONCONFORMING HOUSE SIZE. LOT SIZE AND SETBACK The Building Official explained the request and stated that Mr. McCrehin's father was present representing him. She stated the i09 June 23~ 1987 Planning Commission had approved the request and the proposed resolution was in the packet. Mr. McCrehin tonight is asking to have the 2.25 foot setback to the south property line for his new addition also. The Staff recommended denial of tonight's request. The Council agreed. Johnson moved and Jensen seconded the following resolution: RESOLUTION #87-115 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING LOT . SIZE, SIDE YARD, AND FLOOR AREA F08 LO? 11, BLOCK 14, PEMBROKE; PID #19-117-23 33 0161 (3137 DONALD DRIVE) P ~ Z CASE #87- 6~9 The vote was unanimously in favor. Motion carried. RE-QU~S~__FOR SIGNS AND BANNERS FO INCREDIBLE FESTIVAL (OUR LADY OF THE LAKE CATHOLIC CHURCH) Councilmember Abel stated he would remove himself from the Council and would abstain from voting. He then explained the request and asked that one more banner than was requested be approved. This would be put on the side of the Koenig & Robin Building. Smith moved and Johnson seconded the following resolution: RESOLUTION #87-116 RESOLUTION APPROVING 3 PORTABLE SIGNS AND 3 BANNERS ADVERTISING OUR LADY OF THE LAKES INCREDIBLE FESTIVAL The vote was ~F in favor with Councilmember Abel abstaining. Motion carried. CASE #87-639• MOHAHED M HAHOUDE, 1779 WILDRHUST LANE. LOT 3 ~ PART OF LOT ~. BLOCK 13, SHADYWOOD POINT, PID #13- 117-2~ 1~ 0019, SIDE YARD A FRONT YARD SETBACK VARIANCES The Building Official explained the request. The Planning Commission recommended approval. Jensen moved and Abel seconded the following resolution: RESOLUTION #87-117 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND APPROVE A FRONT AND SIDE YARD SETBACK VARIANCE FOR LOT 3 AND PART OF LOT ~, BLOCK 13, SHADYWOOD POINT; PID #13-117-24 i 4 0019, 1779 WILDHURST LANE, P ~ Z CASE #87-639 110 June 23~ 1987 The vote was unanimously in favor. Motion carried. CASE #87-642: LAVON K. ~ ALYCE J. COOPER. 2241 SOUTHVIEW LANE,. BART OF LOT 1, BLOCK 12, MOUND TERRACE. PID #14- 117-24 34 0004, FENCE MATERIAL VARIANCE The Building Official explained the request. The Planning Commission recommended approval. Abel moved and Jensen seconded the following resolution: RESOLUTION #87-118 RESOLUTION TO CONCUR WITH TAE PLANNING COMMISSION AND APPROVE A FENCE MATERIAL VARIANCE FOR PART OF LOT 1. BLOCK 12. MOUND TERRACE; PID #14-117-24 34 0004 (2241 SOUTHVIEW LANE). P ~ Z CASE #87-642 The vote was unanimously in favor. Motion carried. CASE #87-b45: ROBERT N. ~ JUDITH A. LUND, 5235 BARTLETT BLVD., TRACTS D & E, REGISTERED LAND SURVEY #813 AND BART OF LOT 17, SHIRLEY HILLS UNIT C, PID #24-117 _ -24 24 0033, MINOR SUBDIVISION OF LAND The Building Official explained the request. The Planning Commission recommended approval. Jensen moved and Johnson seconded the following resolution: RESOLUTION #87-119 RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR TRACTS D AND E, REGISTERED LAND SURVEY N0. 813 AND PART OF LOT 17~ SHIRLEY HILLS UNIT C, PID #24-117-24 24 0033 (5235 BARTLETT BLVD.), P ~ Z CASE # 87-6 45 The vote was unanimously in favor. Motion carried. CASE #87-647: DIANNE L. WILSON. 5060 TUXEDO BLVD., LOT. 8. ~iTHIPPLE SHORES. PID #24-117-24 43 0056, VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SIDE YARD SETBACK The Building Official explained the request. The Planning Commission recommended approval. Abel moved and Jensen seconded the following resolution: RESOLUTION #87-120 RESOLUTION TO CONCUR W ITH THE PLANNING COMMISSION TO ALLOW A VARIANGE TO RECOGNIZE AN EXISTING NONCONFORMING SIDE YARD SETBACK FOR LOT 8, i~THZPPLE SHORES; PID #24-117-24 43 0056. (5060 TUXEDO 111 June 23. 1987 BLVD.). P ~ Z CASE #87-647 The vote was unanimously in favor. Motion carried. CASE #87-648• MICHAEL & JUDY GARDNER~ 1599 BLUEBIRD LANE. LOTS FORMING SIDE AND REAR YARD SETBACKS The Building Official explained the request. The Planning Commission recommended approval. Jensen moved and Smith seconded the following resolution: RESOLUTION #87-121 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING BUILDING SETBACK FOR LOTS 18 ~ 19. BLOCK 6. WOODLAND POINT. PID #13-117-24 12 0128. (1599 BLUEBIRD LAND). P ~ Z CASE #87-648 The vote was unanimously in favor. Motion carried. CASE #87 65 - MARK JEROME ROBERTSON. 3103 DEVON LANE. LOTS 1.2. 3,4. ~ 7. BLOCK 3. ARDEN. PID #24-117-24 44 0029. VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SET- " BACK TO DO STRUCTURAL REPAIRS The Building Official explained the request. The Planning Commission recommended approval. Johnson moved .and Abel seconded the following resolution: RESOLUTION #87-122 RESOLUTION TO CONCUR WITH THE PLANNING CON MISSION TO APPROVE A FRONT YARD VARIANCE AS REQUESTED FOR LOTS 1,2.3.4. AND 7~ BLOCK 3~ ARDEN: PID #24-117-24 44 0029. ( 3103 DEVON LANE) , P ~ Z CASE #87- 6 50 The vote was unanimously in favor. Motion carried. SET PUBLIC HEARING DATES FOR THE FOLLOWING: SUGGESTED DATE: ALL JULY 14, 1987 MOTION made by Abel. seconded by Jensen to set July 14. 1987. for public hearings on the following: A. Proposed Vacation of Dorchester Road from Stratford Lane to Essex Lane. B. Consideration of Conditional Use Permit for Expansion of Cabinet Shop and Office - 5558 Auditorts Road. 112 June 23, 1987 C. Propose Zoning Hap Amendment to Change Zoning of a Portion of Block 1, 2, and 11, Seton, From R-~ Hulti- Family to R-2 Single Family Residential - 4622 Kildare Lane through 4658 Kildare Lane D. Proposed Vacation of Portion of Longford Road and Kerry Lane North from Longford - 4622 Kildare Road through 4658 Kildare Road. E. Application to Amend Conditional Use Permit to Allow Bait and Tackle Sales with Existing Service Station - 4831 Shoreline Blvd. (Union 76) F. Proposed Amendments to CDBG (Community Development Block Grant) Funds for Years XII and XIII The vote was unanimously in favor. Notion carried. ISCUSSIOI~O~CHECKLIST FOR PUBLIC WORKS BUILDING REFERENDU The City Manager presented a checklist and calendar for the Public Works Building Referendum. The Council discussed this and changed the date for a meeting with the Planning Commission to, July 13. 1987. MOTION made by Abel, seconded by Smith to to proceed as outlined by the City Manager on the Public Works Building Referendum. The vote was unanimously in favor. Notion carried. RESOLUTION ON 1988 BUDGET Two proposed resolutions were presented to the Council. one from Mayor Smith and one from Councilm em ber Jensen. After discussion: Johnson moved and Abel .seconded Councilmember Jensen's resolution as follows: RESOLUTION #87-123 RESOLUTION ESTABLISHING POLICY DIREC- TIONS, GOALS AND OBJECTIVES FOR THE CITY MANAGER ON DEVELOPING THE 1988 BUDGET REQUESTS The vote was unanimously in favor. Motion. carried. DISCUSSION ON LOST LAKE (RFP) REQUEST FOR PROPOSALS DRAFT The City Planner presented the draft of the RFP. The Council complimented he and the City Manager on the draft. 113 June 23~ 1987 MOTION made. by Smith. seconded by Jensen to approve the Lost Lake (RFP) Request for Proposals as submitted and authorize sending. it to interested developers. The vote was ,unanimously in favor. Notion carried, APPROVAL OF LICENSES NOTION made by Smith. seconded by Jessen to authorize the issuance of the following licenses: Tree Removal License - Bridgewood Tree Service Off-Sale Beer - Al ~ Alma's Brickley's Market PDQ Food Store • SuperAmerica #~419~ On-Sale Beer - Al ~ Alma's House of Hoy Club License -American Legion Post #398 YFW Post #5118 On-Sale Liauor - Donnies on the Lake Sunday Liquor - Donnies on the Lake VFi~T Post #5113 Set_UP - Al ~ Alma's dine - Al & Alma's House of Moy The vote was unanimously in favor. Motion carried. LAKE MINNETONKA REGIONAL PARK The Mayor presented a letter written by Mound's L.M.C.D. Representativ a Tom Reese. regarding the Lake Minnetonka Regional Park.- Mr. Reese has asked that the Council approve his letter and forward it o n to the Suburban Hennepin County Parks Board of Commissioners for the hearing that will be held while Mr. Reese is out of town. MOTION made by Smith. seconded by Johnson to approve Mr. Reese's letter to the Suburban Hennepin County Parks Board of Commissioners regarding the Lake Minnetonka Regional Park-and dated June 23. 1987. The City will send the letter. The vote was 4 in favor with Jessen abstaining. Motion carried. 11~ June 23, 1987 PAYMENT OF BILLS MOTION made by Johnson. seconded by Abel to approve the payment of bills as presented on the pre-list in the amount of # 132.060.77. when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: A. May 1987 Financial Report as prepared by John Norman, Finance Director B. Elected Official Salary Survey as prepared by the Association of Metropolitan Municipalities C. Ind. School Dist. X277 Minutes - May 19, 1987 D. Letters of thank you from the Mound City Days Volunteers for the work done by the City Staff E. Planning Commission Minutes of June 8. 1987 F. Notice of Annual National League of Cities Congress of Cities and Exposition to be held in Las Vegas. December 12-16, 1987. Mayor and Councilmem bers have attended this in the past and you are encouraged to attend. Please let Fran know as soon as possible so suitable accom odations can be arranged. G. Memo from the Police Chief on the hiring of Todd Limond who replaces Officer Kyle Larson. H. Notice from the Association of Metropolitan Municipali- ties regarding openings on the AMM Policy Committee. Please let me know if you are interested in serving. MOTION made by Jessen, seconded by Abel to adjourn at 10:45 P.H. The vote was unanimously in favor. Notion carried. rd J. S~iul~/le, Jr. , City M,~nager Fran Clark, CMC, City Clerk 1 BILLS------------JUNE 23, 1987 f' ~J ~1 Batch 874061 Computer run dated 6/13/87 Batch 874062 Computer run dated 6/17/87 /Super America May gasoline 91,071.52 40,290.71 698.54 132,060.77 ~,~~J~