1989-03-2835
March 28, 1989
[1
1
MINUTES - MOUND CITY COUNCIL - MARCH 28, 1989
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, March 28, 1989, at 7:30 P.M., in the
Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Steve Smith, Councilmembers Andrea Ah-
rens, Liz Jensen, Phyllis Jensen, and Skip Johnson. Also present
were: City Manager Edward J. Shukle, Jr, City Clerk Fran Clark,
City Attorney Curt Pearson, and Building Official Jan Bertrand,
City Engineer John Cameron, Police Chief Len Harrell, Hennepin
County Traffic Engineer Dennis Hansen, and the following inter-
ested citizens: Michael Mueller, Bruce Dodds, Chris & Scott
Brickley, Jerry Dodds, Vern & Shirley Andersen, Sharon & Paul
Dills, Tom Turner, Joe Lemmerman, Jim Carlson, Sandy & Greg Bas-
tien, David Deters, Tade Jude, Nancy Lanz, Dotty O'Brien, Cathy
Bailey, Mark Goldberg, Joanne Fillbrandt, Stephen Kakos, Robert &
Carolyn Cutthill, Marge & Tom Driessen, John Royer, Milton
Hentges, Bob & Lorrie Hotvet, Mary DeVinney, Father Michael
Tegeder, Rev. Eric Gustavson, Jeanne Gelinas, Michael Brown,
Gretchen Hallowell, Larry Blackstad, and Tom Reese.
The Mayor opened the meeting and welcomed the people in atten-
dance.
The Pledge of Allegiance was recited.
MINUTES
MOTION made by Jensen, seconded by Ahrens to approve the
minutes of the March 15, 1989, Regular Meeting as submitted.
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: DELINOUENT UTILITY BILLS
City Manager Ed Shukle explained that the revised amount was
$5,316.89. Mayor Smith opened the Public Hearing regarding
delinquent utility bills. There was no one present in the
audience who wished to speak on this issue. The Mayor closed the
Public Hearing.
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION 89-31 RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF $5,316.89
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE TO THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
36
March 28, 1989
PROPOSED SIGNAL LIGHTS AT LYNWOOD BLVD. AND COMMERCE BLVD.
The City Manager explained that there was a meeting with the
County last year about the crosswalk on Commerce Blvd. near the
Ben Franklin. Since that time several pedestrian accidents have
occurred and the County now has a proposal for a solution to the
problem and eliminate the conflict with pedestrians and vehicles.
Dennis Hansen, Hennepin County Traffic Engineer, presented the
proposal:
1. Install a traffic signal at the intersection of Com-
merce Blvd. and Lynwood Blvd. equipped with pedestrian
"walk-don't walk" indications for all four crosswalks.
This would make the crosswalk of this intersection plus
the north crosswalk of the existing signalized inter-
section at Commerce and Shoreline the exclusive
pedestrian crossing locations within this block. Thus,
eliminating the crosswalk near the Ben Franklin.
2. Eliminate the driveways on the east side of Commerce
Blvd. which serve the parking lot in the southeast
quadrant of the Commerce-Lynwood intersection and erect
a continuous fence (no openings) on the east Commerce
property line immediately behind the sidewalk from Lyn-
wood Blvd. to the Dakota Railroad crossing. This would
cause all traffic to ingress and egress from Lynwood
Blvd.
3. Installation of signs at appropriate locations along
both sides of Commerce directing pedestrians to cross
only at the signalized intersections.
Mr. Hansen addressed the suggestion of flashing signs at the
present crosswalk mid-block stating that the signs would be too
close to the railroad crossing lights and the traffic signals to
be effective.
Mrs. Hansen stated that the cost of the signal light is ap-
proximately $70,000 and depending on the type of fence, $2,000
for that. He stated it would be a 50/50 split of costs between
Hennepin County and the City of Mound.
The Mayor asked for comments from citizens present.
1. Joanne Fillbrandt - spoke in favor of the County's
proposal. She did not have any thoughts about the
fence part of the proposal. She also submitted a peti-
tion signed by 28 persons in support of the new signal
and crosswalks.
2. Mike Mueller read a letter prepared by his father con-
cerning the proposal. He was not in favor of blocking
37
March 28, 1989
the entrances to the Tonka West lot and the Coast to
Coast lot and creating more traffic on his private
parking lot.
3. Chris Brickley spoke against blocking off the entrances
to the lot and the fencing.
4. Scott Brickley asked why the Mound State Bank was al-
lowed entrances and exits on to Commerce from Commerce
Place. Mr. Hansen stated there is no pedestrian
problem in this area.
5. Cathy Bailey, Coordinator for the Westonka Senior
Citizens, stated that a signal light at Commerce and
Lynwood is needed for the pedestrians and traffic.
6. Jerry Dodds stated he was against the fence. He sug-
gested that the County consider installing 2 more stop
signs on Commerce and Lynwood making it a 4 way stop
and using only one entrance into the parking lot from
Commerce.
7. John Royer suggested the County and the City consider a
bypass of the downtown area for County Road 15 to
eliminate the extra traffic.
8. Dotty O'Brien spoke in favor of the traffic signal at
Commerce and Lynwood.
The Council discussed the County's proposal and the statements
and concerns of the citizens.
Mr. Hansen stated that whatever decision the Council made, im-
plementation would not be until 1990.
The Council decided to make a decision by June 1, 1989, and dis-
cuss this further at the Committee of the Whole Meeting on April
18, 1989.
Mr. Doug Deters asked the Council to attend a Mound Retail Coun-
cil Meeting to be held on April 4, 1989, at the Jock Club to dis-
cuss this further with the business people.
CASE #89-803: GREGORY & SANDRA BASTIEN, 2551 & 2541 LAREWOOD
LANE, PART OF LOT 2 AND ALL OF LOT 3, BLOCK 3,
SHIRLEY HILLS Unit D, PID #24-117-24 21 0043,
MINOR SUBDIVISION
The Building Official explained the request and stated that the
Planning Commission recommended approval.
Jensen moved and Ahrens seconded the following resolution:
38
March 28, 1989
RESOLUTION #89-32 RESOLUTION TO APPROVE MINOR SUBDIVISION
OF LOT 2, EXCEPT THE SOUTHWESTERLY 6
FEET THEREOF, SAID 6 FEET BEING MEASURED
AT RIGHT ANGLES TO THE SOUTHWESTERLY
LINE OF SAID LOT 2 AND ALL OF LOT 3,
BLOCK 3, SHIRLEY HILLS UNIT D, PID #24-
117-24 21 0043/0042, P & Z CASE #89-803
The vote was unanimously in favor. Motion carried.
CASE #89-805: JOSEPH LEMMERMAN, 5950 BARTLETT BLVD., LOT 55,
AUDITORS SUBDIVISION NO. 168, PID #23-117-24 13
0032, MINOR SUBDIVISION & VARIANCE, LOT WIDTH AND
FRONT YARD SETBACK
The Building Official explained the request. The Planning Com-
mission recommended denial because the request would be creating
a "bottle neck" lot. Councilmember Jensen also stated that this
request does not meet the criteria needed to approve a variance.
MOTION by Jensen, seconded by Jensen to deny the request of
Joseph Lemmerman, 5950 Bartlett Blvd., Lot 55, Auditors
Subdivision No. 168, PID #23-117-24 13 0032, minor subdivi-
sion and variance, lot width and front yard setback because
the request does not meet the criteria needed for a
variance. The vote was unanimously in favor. Motion
carried.
CASE #89-804: MARK & STACEY GOLDBERG, 4853 ISLAND VIEW DRIVE,
LOT 4, BLOCK 14, DEVON, PID #25-117-24 11 0037,
VARIANCE NONCONFORMING LOT, SIDE YARD SETBACK, AND
FRONT YARD SETBACK
The Building Official explained the request and that the Planning
Commission recommended approval.
Jensen moved and Jensen seconded the following resolution:
RESOLUTION #89-33 RESOLUTION TO RECOGNIZE A NONCONFORMING
STRUCTURE AND TO ALLOW THE ADDITION OF
LIVING SPACE, STORAGE SPACE AND DECKS
FOR LOT 4, BLOCK 14, DEVON, PID #25-117-
24 it 0037, (4853 ISLAND VIEW DRIVE), P
& Z CASE #89-804
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) YEAR XV PROGRAM
The City Manager explained that there is $64,507 in CDBG funds
available for Year XV. The following programs are proposed:
39
March 28, 1989
Westonka Senior Center/Operation $15,291
Senior Citizen Counseling 4,457
Rehabilitation of Private Property 19,259
Economic Development 15,000
Westonka Intervention 5,700
Social Services - Facility Rental 4,800
The Council heard testimony from the following persons regarding
their requests for funding:
Social Services (Facility Rental) - Phyllis Jensen, Jeanne
Gelinas, Gretchen Hallowell, Mary DeVinney, Len
Harrell, Rev. Eric Gustavson, Father Michael
Tegeder.
Westonka Intervention - Nancy Lanz.
Westonka Senior Center/Operation & Senior Citizen Counseling
Cathy Bailey.
The Mayor opened the public hearing. There was no response. The
Mayor closed the public hearing.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #89-34 RESOLUTION APPROVING THE PROPOSED
PROGRAM FOR YEAR XV URBAN HENNEPIN
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS AND AUTHORIZING ITS SUBMITTAL
The vote was unanimously in favor. Motion carried.
REQUEST FOR STREET ACCESS AND UTILITIES FOR MINNETRISTA PROPERTY
OWNED BY MARK NEILSON (WESTERN BOUNDARY OF MOUND)
The City Engineer explained that Mr. Neilson is requesting street
access to his property in Minnetrista and connection to the City
of Mound's water and sewer system. The Engineer's recommenda-
tions are as follows:
1. Proposed. private driveway access into Walnut Road or
Maple Road be denied. The Engineer recommended that
Mr. Neilson keep his access within the boundaries of
Minnetrista.
2. That Mr. Neilson not be allowed to have a water connec-
tion to Mound's main because of low water pressure in
this area.
3. That Mr. Neilson be allowed connection to Mound's
sanitary sewer system under the same conditions as set
forth when Sandquist and Shaw were granted approval.
He then submitted a copy of the Sandquist/Shaw
40
March 28, 1989
agreement with corrected figures for Mr. Neilson.
MOTION made by Johnson, seconded by Ahrens directing the
City Engineer to prepare an agreement allowing a sewer con-
nection for Mark Neilson and asking for Minnetrista~s input
and approval before Mound takes action. Also to .deny Mr.
Neilson~s request for a private driveway access from any
Mound streets and connection to the City of Mounds water
system. The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
There were no comments or suggestions.
SET DATE FOR PUBLIC HEARING
MOTION made by Jensen, seconded by Jessen to set April 11,
1989, at 7:30 P.M. for a public hearing to Consider a Condi-
tional Use Permit for a Class II Restaurant, Fast Food and
Convenience Drive-Up Window in the B-1 Central Business Dis-
trict located at 5307 Shoreline Blvd. The vote was unanim-
ously in favor. Motion carried.
APPROVE PURCHASE OF 1989 STREET SWEEPER
The City Manager explained that when the street sweeper was ap-
proved during the 1989 Budget process, there was discussion as to
whether it would be advantageous to purchase the sweeper outright
or issue certificates of indebtedness over a 3 year period. The
Finance Director is recommending that the money ($60,000) be
taken from the General Fund balance so that it is not necessary
to increase the outstanding debt of the City during 1989.
MOTION made by Johnson, seconded by Jensen to authorize the
purchase of the 1989 street sweeper, with the money
(approximately $60,000) to come from the General Fund
balance. The vote was unanimously in favor. Motion
carried.
SET BID OPENING. DATE FOR 1989 SEAL COAT PROGRAM
MOTION made by Jessen, seconded by Jensen to set March 31,
1989, at 10:00 A.M. for a bid opening for the 1989 Seal Coat
Program. The vote was unanimously in favor. Motion
carried.
COMMERCIAL DOCK LICENSE - CHAPMAN PLACE MARINA
1
Mound L.M.C.D. Representative Tom Reese was present and explained
that the L.M.C.D. and Chapman Place have now resolved all the
issues on the Commercial Dock License. There will now be new
seasonal docking with no deicing and the number of docks have
gone from 51 to 27.
41
March 28, 1989
Councilmember Johnson questioned the compromise on the number of
docks and the request of the previous owner for 51 docks.
MOTION made by Jensen, seconded by Ahrens to authorize the
issuance of a Commercial Dock License to Chapman Place As-
sociation, Inc. & Waterfront specialties, Inc., license to
expire April 1, 1990. The vote was 4 in favor with Johnson
voting nay. Motion carried.
LICENSE RENEWALS - TREE REMOVAL & HAWKER/FOOD VENDOR
MOTION made by Ahrens, seconded by Smith to authorize
renewal of the following licenses due to expire March 31,
1989, contingent upon all required forms, insurance, etc.
being turned in:
Tree Removal
Aaspen Tree Service
Robert F. Dahlke
Eklunds Tree Service
Emery~s Tree Service
Lutz Tree Service, Inc.
Shorewood Tree Service
Sutherland~s Nursery & Tree
D
Hawker/Food Vendor
Blue sell Ice cream
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 amount
of $125,867.80, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS:
A. February 1989 Financial Report as prepared by John Norman,
Finance Director.
B. Hennepin County Advertising Campaign for Promotion of Recy-
cling. Article from Mpls. Star Tribune - March 20, 1989.
C. REMINDER: Please attend the Planning Commission Meeting
on Monday, March 27, 1989. Meeting begins at
7:30 P.M. Agenda includes a conceptual
public hearing on housing and property main-
tenance issues. The meeting is being con-
ducted by the Planning Commission, but it is
a joint meeting with the City Council.
42
March 28, 1989
D. REMINDER: Economic Development Commission interviews
.will be held Saturday, April 1, 1989, 9:30
A.M., City Hall. Enclosed are eleven letters
and/or resumes from the applicants. The new
ordinance also requires a Councilmember to
serve on the Commission. Please be thinking
about who that person should be. Also
enclosed is a copy of the adopted ordinance.
E. Planning Commission Minutes of March 13, 1989.
F. Park Commission Minutes of March 9, 1989.
G. Notice of Public Hearing regarding acquisition of land
through eminent domain for Lake Minnetonka Regional Park by
Suburban Hennepin Regional Park District on Tuesday, May 9,
1989, 7:30 P.M. in the Minnetonka City Council Chambers,
14600 Minnetonka Blvd.
H. L.M.C.D. mailings.
MOTION made by Ahrens, seconded by smith to adjourn at 10:25
P.M. The vote was unanimously in favor. Motion carried.
~-~.~~~
E ward J. h~kle, Jr., City anager
Fran Clark, CMC, City Clerk