1987-07-14115
July 14, 1987
MINUTES - MOUND CITY COUNCIL - REGULAR MEETING
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, July 14, 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, 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, Police Chief Len
Harrell, Officer Todd Lim ond, and the following interested
citizens: Mr. & Mrs. Tom Geyen, Mr. & Mrs. James Fox, Arvin
Senne, Eric and Michele Berglund, Kurt Berglund, Greg Sycks,
Freda Olson, William Bardley, John Peterson and Mr. & Mrs.
LaPoint.
The Mayor opened the meeting and welcomed the people in
attendance.
The Pledge of Allegiance was recited.
MINUTES
MOTION made. by Jensen, seconded by Abel to approve the
Regular Meeting Minutes of June 23, 1987, as presented. The
vote Was unanimously in favor. Motion carried.
PUBLIC HEARING• CASE #87 -638 --JAMES- & KATIE FOX, 2925 STRATFORD
LANE, LOTS -1,2 & 3, BLOCK 7, WYCHWOOD, PROPOSED
VACATION OF O CHEST R O D FROM STRATFORD LA
TO ESSEX LANE
The City Engineer explained the request. The City Attorney
suggested that the affected property owners have the private
access agreement drawn up and filed before the vacation
resolution is released. The Council agreed. The Planning
Commission recommended approval.
The Mayor opened the public hearing.. There were no comments.
.The Mayor closed the public hearing.
Abel moved and Johnson seconded the following resolution with the
above condition added:.
RESOLUTION #87 -124 RESOLUTION VACATING CERTAIN STREET AND
UTILITY EASEMENTS OVER DORCHESTER ROAD
BETWEEN STRATFORD LANE AND ESSEX LANE
The vote was unanimously in favor. Motion carried.
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July 14, 1987
PUBLIC HEARING: CASE #87 -640 - ARVIN SENNE, 6099 COUNTY ROAD 26,
MOUND,- CONDITIONAL USE PERMIT REQUEST FOR EXPAN-
SION OF CABINET SHOP AND OFFICE AT 5558
AUDITOR'S ROAD
The City Planner explained that this Conditional Use Permit needs
to be revised to cover Mr. Senne's expansion. The Planning
Commission recommended approval.
The Mayor opened the public hearing. There were no comments.
The Mayor closed the public hearing.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION #87 -125 RESOLUTION TO APPROVE A CONDITIONAL USE
PERMIT FOR THE CONTINUED OPERATION AND
EXPANSION OF A CABINET SHOP - PID #13-
117 -24 33 0005, CASE #87 -640 (5558
AUDITOR'S ROAD
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING• CASE 187 -6
4658 KILDA
TO CHANGE
11, ALL OF
R -4 MULTI-
FAMILY RES
41 - NORMAN R. BERGLUND, 4611 THROUGH
RE ROAD. PROPOSED ZONING MAP AMENDMENT
ME ZONING OF A PORTION OF BLOCKS 1 A
BLOCK 2, ALL IN SETON ADDITION, FROM
FAMILY RESIDENTIAL TO R -2, SINGLE
IDENTIAL
The City Planner explained this proposal and stated that the
request following this item for the vacation of a portion of
Longford Road is related. The City Attorney suggested that the
Council continue this public hearing, republish and include all
the properties in the R -4 district for rezoning to R -2, not just
Mr. Berglund's property. This will avert a spot zoning
situation:
The Mayor opened the public hearing. Mr. Kurt Berglund and Mr.
Eric Berglund spoke in favor of the rezoning and the vacation of
a portion of Longford Road. Mr. Paul Larson, Merrill Lynch
.Realty, representing the owner of Lots 21 - 26, Block 11 and Lots
9 & 7, spoke in favor of the rezoning and the vacation of
a portion of Longford Road.
The City Planner reminded the Council that the applicant can
develop this land without changing the zoning, but wishes to have
more liberal setbacks in order to have a slightly wider house
than what would be allowed in the R -4 district.
MOTION made by Johnsons seconded by Abel to adjourn this
public hearing until the August 11, 1987, meeting in order to
republish the public hearing and include all the property in
the R -4 district in this. area for rezoning to R -2. The vote
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July 14, 1987
was unanimously in favor. Motion carried.
-PUBLIC HEARING: CASE #87 -646 — NORMAN BERGLUND. OWNER OF PRO —
PERTY ON SOUTH & NORTH OF LONGFORD ROAD,_
PROPOSED VACATION OF PORTION OF LONGFORD ROAD
BETWEEN KINGS LAME AND BLACK LASE LANE (WEST
SIDE OF LOT 23. TO EAST SIDE OF LOT 109 BLOCK 11
SETON) AND THAT PORTION OF KERRY LANE NORTH FROM
LONGFORD
The Mayor opened the public hearing. Paul Larson, Eric and Kurt
Berglund all spoke in favor the the vacation. The Mayor closed
the public hearing.
There was Council discussion on this vacation leaving no access
to the two Commons docks which could be located at the end of
unimproved Kerry Lane. The Planner reported that the Planning
Commission recommended denial of this vacation application.
MOTION made by Smith, seconded by Jessen to concur with the
Planning Commission recommendation to deny the vacation as
requested. The vote was unanimously in favor. Motion
carried.
PUBLIC HEARING• CASE #87 -644 --TOM KELLY, 4831 SHORELINE BLVD,,
LOTS 1 -4, PT OF 5 & 20 & 21, SHIRLEY HILLS UNIT
"A ", APPLICATION TO AMEND CONDITIONAL USE PERMIT
TO ALLOW BAIT .& TACKLE SALES AT 4832 SHORELINE
BLVD.
The City Planner explained the request. The Planning Commission
recommended approval. The Building Official explained that she
notified Mr. Kelly on April 28, 1987 that building, plumbing,
heating and wiring permits were required for the remodeling that
was being done on 4831 Shoreline Blvd. She followed up with a
letter on July 6, 1987. To date they have not submitted
blueprints nor taken out any permits for the work.
The Mayor opened the public hearing. Steve Williams, partner in
the business, stated he will be submitting plans for the
remodeling and will pay for permits, fees, and penalties. The
Mayor closed the public hearing.
The Council discussed the building violations and signage
violations.' The City Attorney suggested the following language
be inserted in the proposed resolution:
"All applicable ordinances and statutes be complied with
prior to the issuance of this Conditional Use Permit and all
fees and penalties for existing building violations shall be
paid prior to issuance of this permit by the City Building
Official. All existing sales in violation of the Zoning
Ordinance shall cease and desist within 30 days and the use
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July 14, 1987
shall be brought into compliance with the Ordinances and this
permit within said time period."
The Council agreed.
Jessen moved and Johnson seconded the following resolution:
RESOLUTION #87 -126 RESOLUTION AUTHORIZING A CONDITIONAL USE
PERMIT FOR OPERATION OF A VEHICLE
IMPOUNDMENT AREA, SERVICE STATION /VEHICLE
REPAIR (MINOR) FACILITY AND SALES OF
SMALL MISCELLANEOUS FISHING TACKLE AND
LIVE BAIT AT 4831 SHORELINE BLVD., PID
#13- 117 -24 44 0014, P & X CASE #87 -644
The voted was unanimously in favor. Motion carried.
PUBLIC HEARING: PROPOSED AMENDMENTS TO CDBG (COMMUNITY)DEVEL—
OPMENT BLOCK GRANT) FUNDS FOR YEARS XII & XIII
The City Manager explained that this amendment is to help in a
business relocation in Mound. It will reallocate $20,000 for a
° special economic development project.
The Mayor opened the public hearing. There were no comments.
The Mayor closed 'the public hearing.
Abel moved and Jensen seconded ° the following resolution:
RESOLUTION 187 -127 RESOLUTION REALLOCATING YEARS XII AND
XIII MOUND /URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT FUNDS
The vote was unanimously in favor. Motion carried.
CASE #87 -643• JOHN PETERSON, 49XX EDGEWATER DRIVE, WEST 40 FEET
OF LOT 17, SKARP & LINDQUIST'S RAVENSWOOD
ADDITION, SIDE YARD SETBACK VARIANCE
The Building Official explained the request. The Planning
Commission recommended approval.
Smith moved and Abel seconded the following resolution:
RESOLUTION 187 -128 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE A SIDE YARD SETBACK
VARIANCE FOR WEST 40 FEET OF LOT 17,
SKARP & LINDQUIST'S ADDITION, 49XX
EDGEWATER DRIVE, PID #13- 117 -24 41 0062,
P & Z CASE #87 -643
The vote was unanimously in favor. Motion carried.
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July 14, 1987
COMMENTS & SUGGESTIONS FROM CITIZENS PRESET
There were no comments or suggestions.
ASSESSING CONTRACT
The City Manager explained the memo from the City Clerk regarding
costs to contract with other than Henneping County for assessing
services.
MOTION made by Jensen. seconded by Abel to stay with Hennepin
County for assessing services. The vote was unanimously in
favor. Motion carried.
AUTHORIZATION TO SELL CITY PROPERTY
The City Clerk explained that Mr. Sycks would like to purchase
the south 36 feet of Lots 13. 14. & 15. Block 33, Wychwood.
There would be a street easement over the south 5 feet of these
lots and a utility easement on the north 31 feet of the south 36
feet of these lots.
Abel moved and Smith seconded the following resolution:
RESOLUTION #87 -129 RESOLUTION AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE A QUIT CLAIM DEED TO
SELL CITY PROPERTY
The vote was unanimously in favor. Motion carried.
TAX FORFEIT PROPERTY
The City Clerk explained her memo and recommendation.
Jessen moved and Johnson seconded the following resolution:
RESOLUTION #87 -130 RESOLUTION RECONYEYING (IF NECESSARY)
CERTAIN TAX FORFEIT LANDS BACK TO THE
STATE AND REQUESTING THAT THE COUNTY
BOARD TO IMPOSE CONDITIONS ON THE SALE OF
SAID TAX FORFEIT LANDS AND TO RESTRICT
.THE SALE TO OWNERS OF ADJOINING LANDS -
(PORTIONS OF LOTS 25 & 26. BLOCK 5,
ARDEN)
The vote was unanimously in favor. Motion carried.
B. LOT 16, BLOCK 9, WHIPPLE
The City Clerk explained her memo and recommendation.
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July 14, 1987
1
Smith moved and Jensen seconded the following resolution:
RESOLUTION 187 -131 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
OWNERS OF ADJOINING LANDS AND AUTHORIZING
APPLICATION FOR CONVEYANCE FROM THE STATE
OF CERTAIN TAX FORFEIT LANDS - (PART OF
LOT 16, BLOCK 9, WHIPPLE)
The vote was unanimously in favor. Motion carried.
The City Clerk explained here memo and recommendations.
Smith moved and Johnson seconded the following resolution:
RESOLUTION 187 -132 RESOLUTION REQUESTING CONVEYANCE OF
PORTIONS OF TAX FORFEIT
LANDS; RELEASING
. CERTAIN PORTIONS OF TAX
FORFEIT LANDS TO
HENNEPIN COUNTY FOR
PUBLIC AUCTION;
CERTIFYING THE SPECIAL
ASSESSMENTS; AND
REQUESTING AN EASEMENT - (PART OF LOT
329 ALL OF 33 AND PART
OF LOT 34, BLOCK
1, THE HIGHLANDS) AND
(PART OF LOT 349
ALL OF 35 AND PART OF
LOT 36, BLOCK 1,
THE HIGHLANDS
The vote was unanimously in favor. Motion carried.
D. PARTS OF LOTS 17. 18 & 19. BLOCK 1. ARDEN
The City Clerk explained her memo and recommendation.
Abel moved and Smith seconded the following resolution:
RESOLUTION 187 -133 RESOLUTION RECONVEYING CERTAIN PORTIONS
OF TAX FORFEIT LANDS BACK TO THE STATE;
REQUESTING THESE LANDS BE COMBINED;
REQUESTING THE COUNTY BOARD TO IMPOSE
CONDITIONS ON THE SALE OF SAID TAX
FORFEIT LANDS AND TO RESTRICT THE SALE TO
OWNERS OF ADJOINING LANDS - (PARTS OF
LOTS 17, 18, & 19, BLOCK 1, ARDEN)
The vote was unanimously in favor. Motion carried.
122
The people requesting this change. Mr. & Mrs. LaPoint were
present and explained their position.
MOTION made by Johnson, seconded by Smith to table this item
until the July 28th meeting in order to get more input from
the Fire Chief. The vote was unanimously in favor. Motion
carried.
PAYMENT OF BILLS
The bills were presented for consideration.
MOTION made by Abelt seconded by Jensen to approve the
payment of bills as presented on the pre -list, in the amount
of $228 :557.62, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
SET PUBLIC HEARING DATES
A. MOTION made by Smiths seconded by Jensen to set August 11.
1987 at 7:30 P.M. for a public hearing to consider an
application for a revision of conditional use permit to allow
on site open storage at 5300 -5340 Shoreline Blvd.. PID #13-
117-24 34 0076. The vote was unanimously in favor. Motion
carried.
B. MOTION made by Smith, seconded by Jensen to set August 11.
1987 at 7:30 P.M. for a hearing to consider an
application for Zoning Ordinance amendment to allow retail
mail order in the B -1 Central Business District by
Conditional Use Permit (Amendment of Section 23.625.3 of the
City Code). The vote was unanimously in favor. Motion
carried..
SIGN PERMIT - DOWNTOWN RETAIL COUNCIL
The City Manager explained the request.
MOTION made by Smith. seconded by Abel to grant a sign permit
to the Downtown Retail Council for 4, portable signs. 4' x
6 to be up from July 17 to August 3, 1987. The vote was
unanimously in favor. Motion carried.
AGREEMENT TO MOVE SEWER LINE ON LOTS 4 & 10. BLOCK 12. SETON
The City Attorney explained that he and Mr. Burton's attorney
have worked out an Agreement to move the sewer line which is
under Mr. Burton's home. All expenses to be paid by Mr. Burton.
1
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July 14, 1987
E. (PART OF LOTS 36 &-37, BLOCK 1, THE HIGHLANDS)-&- OF
LOTS 38,-38,-& 39, BLOCK 1, THE HIGHLANDS)
The City Clerk explained her memo and recommendation.
Smith moved and Johnson seconded the following resolution:
RESOLUTION #87 -134 RESOLUTION RELEASING CERTAIN TAX FORFEIT
LANDS TO HENNEPIN COUNTY FOR PUBLIC
AUCTION AND CERTIFYING THE SPECIAL
ASSESSMENTS - (PART OF LOTS 36 & 379
BLOCK 1, THE HIGHLANDS) & (PART OF LOTS
37, 38 & 39, BLOCK 1. THE HIGHLANDS)
The vote was unanimously in favor. Motion carried.
F. PART OF LOTS 12-& 13, BLOCK 12, AYALON
The City Clerk explained her memo and recommendation.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION #87 -135 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
OWNERS OF ADJOINING LANDS - (PART OF LOTS
12 & 13, BLOCK 12, AVALON)
The vote was unanimously in favor. Motion carried.
RESOLUTION REVISING THE 1987 BUDGET ADOPTED IN RESOLUTIONS 86 -133
AND 86 -134
The City Manager explained that since the budget was adopted all
salaries have been adjusted for 1987. It is now necessary to
amend the Budget.
Smith moved and Abel seconded the following resolution:
RESOLUTION #87 -136 RESOLUTION REVISING THE 1987 BUDGET
ADOPTED IN RESOLUTIONS 86 -133 AND 86 -134
The vote was unanimously in favor. Motion carried.
REQUEST TO AMEND RESOLUTION NO, 87 -16, REGARDING PARKING ON GULL
LANE AT WREN ROAD
The City Manager explained the request. He stated the Fire Chief
does have a concern that the elimination of the no parking would
make getting a fire truck through the street a problem.
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July 15, 1987
Abel moved and Jensen seconded the following resolution:
RESOLUTION 187 -137 RESOLUTION AUTHORIZING THE MAYOR AND CITY
MANAGER TO SIGN AN AGREEMENT WITH MR. &
MRS. WILLIAM BURTON TO RELOCATE A SEWER
LINE UNDER THE BURTON HOME (LOTS 4 & 10.
BLOCK 12, SETON
22. INFORMATION /MISCELLANEOUS:
A. Department Head Monthly Reports for June 1987.
B. School Board Minutes of June 8, 1987.
C. LMCD 1988 Budget.
D. Memo From E.A. Hickok and Associates, Engineer for the
Minnehaha Creek Watershed District on Lake Level, Flow and
Precipitation for April and May.
E. Letter from Police Chief to Around Mound 5 Mile Run thanking
them for $100 donation. Police assisted in traffic control
and security during 'the race.
F. -Planning Commission Minutes of June 22, 1987.
The Police Chief introduced the newest Police Officer, Todd
Limond.
MOTION made by Abel, seconded by Jensen to adjourn at 9:15
P.M. The vote was unanimously in favor. Motion carried.
r
Fran Clark, CMC, City Clerk