1987-11-24
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November 24, 1987
MINUTES - MOUND CITY COUNCIL - NOVEMBER 24, 1987
The City Council of Mound,_Hennepin County, Minnesota, met in regular session
on Tuesday, November 24, 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 Jensen 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, Fire Chief Don Bryce, Fire Marshal
Jerry Babb, and the following interested citizens: Bill McNamee, Jim McNamee,
Bob Craig, Bill Craig, Mark Anderson, Mark Lundgren, Gay Hofteig, Phil &
Sharon Haugen, Cherryl & Rick Lebra, Kim & Todd Yilek, Bonnie Lanns, Shirley &
Steve Spraguer, James Miller, Tammy Clark, Gerry Dodds, Allen Shay, Frank
Boese, Audrey Froeming, Phil & Eva Hasch, Ken Smith, Jim Bruha, Ron Zamansky,
Bob Polston, Ted Hoffman, Al Herzog, John Royer.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
MINUTES
MOTION made by_Johnson, seconded by Jensen to approve the minutes of the
November 10, 1987, Regular Meeting, as presented. The vote was unanim-
ously in favor. Motion carried.
PUBLIC HEARING: DELINQUENT UTILITY BILLS
The City Manager reported that the amount is down to $1,974.91. The Mayor
opened the public hearing. There was no response. The Mayor closed the
public hearing.
Abel moved and Johnson seconded the following resolution:
RESOLUTION #87-204 RESOLUTION TO APPROVE- THE. DELINQUENT UTILITY BILLS
IN THE AMOUNT OF #1,974.91 AND AUTHORIZING THE
STAFF TO SHUT-OFF WATER SERVICE FOR THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: CONSIDERATION OF A REVISION TO RESOLUTION #87-145 AMENDMENT
_ _ rs a ~-. R .Z ..'R'!'!'.!! 4 C 7! C S t. • r A A r -~ . A
BLVD. PID #13-1
- TORO CO.
The City Manager reviewed the background and his memo relating to the events
that have happened since the October 27th.Meeting. The Staff's recorr~nendation
is to delete Item #7 from Resolution #87-145, relating to the restriction of
hours and to add Item #10 requiring Balboa to provide a landscape plan
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November 24, 1987
approved by the City and post a $15,000 Performance Bond to assure that the
construction is done in the Spring of 1988.
The Mayor opened the public hearing.
The following persons spoke against deleting the restricted hours from the
Conditional Use Permit: Gay Nofteig, 2216 Noble Lane and Allen Shay, 5848
Lynwood Blvd.
The following persons spoke in favor of deleting the restricted hours and the
landscape plan: Ken Smith, 2927 Cambridge Lane; James Bruha, Toro
Corporation; Ron Zamansky, Counsel for Toro; and Mark Lundgren, Balboa Cor-
poration.
The Mayor closed the public hearing.
There was Council discussion on how much the landscaping will improve the
noise situation. The City Planner stated the noise situation will not be
measurably improved but that the entire area will now be bermed and the
landscaping should help the appearance.
Abel moved and Jessen seconded the following. resolution:
RESOLUTION #87-205 RESOLUTION TO CONCUR WITH_THE STAFF RECOMNENDATION
AND AMEND RESOLUTION #87-145, DELETING ITEM #7 AND
ADDING ITEM #10 AS PROPOSED
The vote was unanimously in favor. Motion carried.
DISCUSSION: MINNETONKA BOAT RENTAL - USE OF UNDERGROUND GASOLINE STORAGE TANK
- 4850 EDGEWATER DR.
The Building Official explained the background and the Conditional Use Permit
on -the property. There was a 500 gallon above ground gas tank on the property
that has .been condemned by the Fire Marshal. A new 1000 gallon underground
tank with all safety features has been partially installed.
The following residents were present objecting to the installation of the un-
derground gas tank because they felt it was. an expansion of a nonconforming
use: Bonnie Lanns, 4820 Edgewater Drive; Kim & Todd Yilek, 4861 Edgewater
Drive; Debra Lebra, 4855 Edgewater Drive.
There was considerable Council discussion on the tank installation, the Condi-
tional Use permit, and the expansion of a nonconforming use.
The City Attorney suggested that the Council direct the Staff to meet with Mr.
Jones, owner of Minnetonka Boat Rental, and try to encourage him to submit an
application for a Conditional Use Permit and catalog his uses since the Condi-
tional Use Permit he is operating under at the present is a grandfathered item
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November 24, 1987
and not comprehensive.
MOTION made by Abel, seconded by Jensen to allow Mr. Jones to complete
the installation of the underground gasoline tank.
There was discussion on the City Attorney's suggestion that the goal
should be to obtain and up-to-date Conditional Use Permit which would
catalog usage.
The vote was 2 in favor with Jensen, Johnson and Smith voting nay. Mo-
tion failed.
The Council directed the Staff to meet with Mr. Jones. on the above.
RESOLUTION APPROVING FINAL PLANS FOR HENNEPIN COUNTY 15 ROAD IMPROVEMENT
PROJECT IN CITY OF MOUND
The City Manager explained the background of this project. Mr. Ted Hoffman
and Mr. Al Herzog from the Hennepin County Department of Transportation re-
lated the following to the Council:
1. This is _the identical plan that was approved in 1984 with the exception
of the~44 foot road at the West end, which was approved in 1986.
2. Traffic will be maintained throughout the project with 2 lanes.
3. They are projecting a 120 day construction schedule.
4. There will be 5 foot wide sidewalks on both sides from Mound to Navarre,
driveway aprons, catch basins for storm sewer and underground conduit at
Wilshire Blvd. for the possibility of a future traffic light.
5. Spring Park and Orono have approved the plan and if the plan were ap-
proved-..tonight in Mound they could have a contractor on board by early
March 1988.
Abel moved and Jensen seconded the following resolution:
.RESOLUTION #87-206 RESOLUTION APPROVING THE~FINAL PLANS FOR HENNEPIN
COUNTY 15 ROAD IMPROVEMENT AND AUTHORIZIN6_.THE
MAYOR AND CITY MANAGER TO SIGN AGREEMENT #PW72-06-
87 WITH HENNEPIN COUNTY
The vote was unanimously in favor. Motion carried.
CASE #87-677: NONCDNFORMIN6 USE VARIANCE, ROBERT CRAIG,. 3D17. BRIGHTON .BLVD.
L0 4, 5, 32 3 BLO K 15, ARDEN, PID #24-117-24 43 0072
The Building Official explained that .the parcel has two dwelling units with a
nonconforming side yard setback of 3 feet for the accessory building. The
Planning Commission recommended converting the application to a subdivision of
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November 24, 1987
Lots 32 and 33 to allow a 6 foot side yard to the 20.2 by 45.7 foot dwelling,
separation of tax parcels to allow conforming lots and recognizing the exist-
ing nonconforming structure on the land. Also including the requirement to
bring the entire dwelling to current building code standards and allow the
necessary structural repairs to the second floor with beams and support sys-
tems and add the walkway and deck to the structure with conforming setbacks.
Jensen moved and Abel seconded the following resolution:
RESOLUTION #87-207 RESOLUTION TO CONCUR WITH THE PLANNIN6.COMMISSION
TO APPROVE MINOR SUBDIVISION FOR_LD.T_S_4, 5, 32-b
33 t - -BLOCK 15 , ARDEN; PI D # 24-117--24 - 43 0072
(3013/3017 BRIGHTON BLVD.); P b Z CASE #87-677
The vote was unanimously in favor. Motion carried.
REVIEW OF PRELIMINARY ENGINEERING REPORT PROPOSED STORM SEWER-AND STREET IM-
PROVEMENT OF DRUMMOND ROAD
The City Engineer presented his preliminary report. The Council decided that
a Building Permit should not be issued until the question of the public im-
provement is resolved. .
Jensen moved and Johnson seconded-the following resolution:
RESOLUTION #87-208 RESOLUTION RECEIVING THE REPORT A6~D SETTING THE
DATE FOR A PUBLIC. HEARING ON THE PROPOSED PROJECT
FOR DECEMBER 22, 1987, 7:30 P.M.
The vote was unanimously in favor. Motion carried.
REQUEST FOR ACCESS TO LOTS 36 & 37, BLOCK 6, PEMBROKE (KNOX LANE)
The City Engineer explained that Mr. James Miller would like the City to
provide access for Lots 36 & 37. He has reviewed the prob.l.em and offered 3
different solutions as outlined in his letter of November 18th.. Mr. Miller
would like to pursue alternative 2 which is, "The owner of Lots 36 & 37, block
6, Pembroke could request the City .grant a variance and allow a private
driveway within the Knox Lane right-of-way. This would necessitate tying into
the existing driveway which now serves the house on Lots 38 & 39."
Mr. Miller was instructed to try and work with the owner of Lots 38 & 39 or
obtain part of Lot A. No action was taken.
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November 24, 1987
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A CONTRACT FOR
AN UPDATE TO THE MOUND COMPREHENSIVE PLAN
The City Manager reported that two firms responded, Hoisington Group and Van-
Doren, Hazard, Stallings. The Staff is recommending VanDoren, Hazard, Stall-
ings.
Jessen moved and Jensen seconded the following resolution:
RESOLUTION #87-209 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO ENTER INTO A CONTRACT FOR AN UPDATE TO THE MOUNO
COMPREHENSIVE PLAN
The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
There were no comments or suggestions.
LICENSE APPLICATIONS
MOTION made by.Abel, seconded by. Johnson to.authorize the issuance of
the following licenses to The Jock Club, 5341 Shoreline Blvd. (formerly
Captain Billy's):
A. Restaurant
B. Pool Tables
C. Games of Skill
D. Cigarette.
The vote was unanimously in favor. Motion carried.
MOTION made by Johnson, seconded by Jessen to authorize the issuance of
a Cigarette License to FinaServe, Inc. #654, 1730 Commerce Blvd. The
vote was unanimously in favor. Motion carried.
SET DATE FOR PUBLIC HEARING
MOTION made by Jensen, seconded by Johnson to set December 8, 1987, at
7:30 P.M. for a public hearing to consider the issuance of an 'On-Sale"
Intoxicating Liquor License for Yilliam (Bill) Macnamee, dba The Jock
Club, 5241 Shoreline Blvd. The vote was unanimously in favor. Motion
carried.
PAYMENT OF-BILLS
MOTION made by Jensen, seconded by Jensen to authorize the-payment of
bills as presented on the pre-list in the a®ount of ;88,411.70, when
funds are available. A roll call vote was unanimously in favor. Motion
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November 24, 1987
carried.
INFORMATION/MISCELLANEOUS
A. October 1987 Financial Report as prepared by John Norman, Finance Direc-
tor.
B. Association of Metropolitan Municipalities (AMM) Policy Recommendations
to be Considered at the Annual AMM Legislative Policy Adoption Meeting.
Meeting will be held Tuesday evening, December 3, 1987, at Jax Cafe,
Minneapolis.
C. Planning Commission Minutes of November 9, 1987.
D. Liquor Store Manager's Monthly Report for October 1987 which was inad-
vertently left out of the last packet.
E. LOST LAKE: Due to the fact that the developer/architect and City. Staff
need more time to prepare for a report on the Country Inn Project, we
are delaying reporting our findings and discussion to you until the
December 8th Meeting.
F. REMINDERS- "
1. Tree Lighting Ceremony to Open Christmas Season - Tuesday, Novem-
ber 24, 1987, 7:00 P.M. Downtown at Christmas Tree.
2. Joint Interviews with Planning Commission on Monday, November 23,
1987, at 7:30 P.M., City Council Chambers. Candidates will be in-
terviewed for Planning Commission vacancy.
G. Darrell Huggett, life-long. resident of Mound, has been appointed as
Police Patrol Officer. This appointment is made pursuant to.City Coun-
cil action in approving a new_ police officer position. (Monies are
.available for the remainder of 1987 to cover costs for Officer Huggett.
Lt was the intent to try to get a new officer on board prior to January
1, 1988.E Officer Huggett has a Bachelor of Science Degree in Criminal
Justice from Mankato State University. He is a former Mound Police Ex-
plorer Scout and Mound Police Reserve. Darrell is 24 years old. He
will begin his duties November 23, 1987.
For your information, the Investigator position is currently in the ap-
plication process. Two Mound Patrol Officers are being considered for
the position.
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November 24, 1987
MOTION made by Jensen, seconded by Abel to adjourn at 11:00 P.M. The
vote was unanimously in favor. Motion carried.
dward J. S k Jr., City Mana
Francene C. Clark,- CSI ~b~i{ y~ l~k
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