1989-06-27100
June 27, 1989
MINUTES - MOUND CITY COUNCIL - JUNE 27, 1989
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, June 27, 1989, following the Board of
Review, in the Council Chambers at 5341 Maywood Road, in said
City.
Those present were: Mayor Steve Smith, Councilmembers Liz Jen-
sen, Phyllis Jensen and Skip Johnson. Councilmember Andrea Ah-
rens was absent and excused. Also present were: City Manager
Edward J. Shukle, Jr., City Clerk Fran Clark, Attorney Curt Pear-
son, City Engineer John Cameron, Building Official Jan Bertrand,
and the following interested citizens: Freda Olson, Clarkson
Lindley (representing Freda Olson), Oswin Pflug, Clayton & Gona
Olson, John Morgan, Jack Wang, Dennis Sandin, David Thill, Craig
Watson, Daniel Johnson, Percival Jacobson, Melvin Zuckman, Daniel
DeMatteo, Bill McNamee, Jack Diesing, and Karin Hawkinson.
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 Jessen to approve the
minutes of the June 13, 1989, Regular Meeting and the June
20, 1989, Committee of the Whole Meeting, as submitted. The
vote was unanimously in favor. Motion carried.
CASE #89-826: MELVIN ZUCKMAN, 5012 TUXEDO BLVD., TRACT A, RLS
1150, PID #24-117-24 43 0034, VARIANCE TO ALLOW
TWO PRINCIPAL STRUCTURES ON ONE ZONING LOT
The Mayor explained that a letter from Mr. Zuckman's attorney has
been received asking that this item be tabled at this time.
MOTION made by Smith, seconded by Jensen to table Case #89-
826, Melvin Zuckman, 5012 Tuxedo Blvd., Tract A RLS 1150,
PID #24-117-24 43 0034, variance to allow two principal
structures on one zoning lot for 90 days. The vote was un-
animously in favor. Motion carried.
PUBLIC HEARING: DELINQUENT UTILITY BILLS
City Manager Ed Shukle explained that the revised amount was
$2,694.54. Mayor Smith opened the Public Hearing regarding
delinquent utility bills. There was no one present who wished to
speak on this issue. The Mayor closed the Public Hearing.
Johnson moved and Jessen seconded the following resolution:
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June 27, 1989
RESOLUTION 89-68 RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF $2,694.54
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE TO THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: PROPOSED STREET IMPROVEMENT - PRIVATE PORTION
OF DENBIGH ROAD
The City Engineer explained the background for this improvement.
He showed the approximate area for the easements and explained
that no survey has been done and the drawings were done when the
watermain was installed in 1974. The improvement would be for
concrete curb and gutter, an 18 foot two way paved road and storm
sewer installation. The estimated cost in 1983 was $29,000 and
in 1989 it is $41,000. He further explained that there is an er-
ror in the lineal feet for the Freda Olson property. It should
be 75 feet not 95 feet.
The Mayor opened the public hearing.
Clarkson Lindley (representing Freda Olson, 4414 Wilshire Blvd.)
- stated that the only issue left was payment for the land taken
because they feel there is no benefit to Ms. Olson.
The City Attorney explained that the Staff recommendation was
that Ms. Olson be paid the amount of her assessment, around
$3,700 and he agrees with that recommendation.
Oswin Pflug, 4400 Denbigh Road, stated he felt all parties should
be treated the same and if Ms. Olson was to be paid for her
property then he should also be paid.
Clarkson Lindley stated that Ms. Olson does not need another
driveway to her property but they are willing to negotiate a
settlement for the land proposed to be taken.
Freda Olson, read a statement agreeing with Mr. Lindley's earlier
statements.
Jack Wang, 4409 Denbigh Road and John Morgan, 4400 Wilshire Blvd.
stated they would like to see the project proceed.
The Mayor closed the public hearing.
The Council discussed various items in the assessment policy.
The City Attorney explained that if a negotiated settlement is
not made with Ms. Olson and the Council decides to proceed with
the improvement, then the City would have to start condemnation
proceedings. He then explained the condemnation process. He en- ,
couraged negotiation of a settlement because it would be
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June 27, 1989
['.
less costly and much more efficient.
Clarkson Lindley submitted a proposed resolution which would
delete his client, Ms. Olson, from the assessment and further
stated the following:
a. any private property to be taken, in fee or by ease-
ment, from landowners not petitioning for said improvement, to be
paid at fair market value; and
b. that the 10" sugar maple to be taken by the project be
replaced by a 6" sugar maple; and
c. that at the same time as acceptance and dedication of
Denbigh Lane as a public road, the affected property owners
provide evidence to the City that, upon dedication as a public
road, the various private easements which now permit Denbigh Lane
to exist as a private street, will be extinguished and that such
evidence is or will be recorded against the respective titles. of
the affected properties."
The City Attorney advised the Council that they can order the im-
provement, have plans and specifications drawn, bids can be taken
with negotiations still proceeding.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION #89-69 RESOLUTION ORDERING THE IMPROVEMENT OF A
NOW PRIVATE PORTION OF DENBIGH ROAD AND
ORDERING THE PREPARATION OF PLANS AND
SPECIFICATIONS FOR SUCH IMPROVEMENT
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: CASE #89-821: CONSIDER A PRELIMINARY AND
FINAL PLAT FOR COMMERCE PLACE
The Building Official explained that the City Engineer and the
City Planner recommended approval contingent upon the following:
a. Documentation furnished to show that the proposed lot
lines are located within the common walls.
b. Some existing easements running in favor of the City of
Mound along the south side adjacent to Lynwood Blvd.,
which should be shown on the final plat.
c. Obtaining an easement, sufficient in size to cover the
watermain, curb stops and hydrant installed through Lot
6 between Lynwood Blvd. and Church Road.
d. A satisfactory resolution to the problem of the trash
enclosure projecting into the City right-of-way on Fern
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June 27, 1989
Lane.
e. signage continuity be maintained.
The Planning Commission recommended approval contingent upon the
City Engineer's and City Planner's recommendations being met and
the City Attorney researching the need for agreements relating to
the encroaching dumpster and signage continuity.
The City Engineer stated that he has now received a revised plat
from JRW Properties.
The Mayor opened the public hearing. There was no response. The
Mayor closed the public hearing.
The Council discussed the trash enclosure encroachment and the
signage continuity. The City Attorney stated the signage con-
tinuity can be incorporated in the Declaration of Covenants,
Restrictions and Easements. The Council asked that the dumpster
encroachment be removed from the City right-of-way before this
plat will be released.
Jensen moved and Johnson seconded the following resolution incor-
porating all the recommendations from the City Engineer and City
Planner and having the dumpster encroachment on City right-of-way
removed before the plat will be released.
RESOLUTION #89-70 RESOLUTION TO APPROVE THE FINAL PLAT OF
COMMERCE PLACE - PID #13-117-24 33 0074
- P & Z CASE #89-821
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: CASE #89-822: CONSIDER A PRELIMINARY AND
FINAL PLAT FOR LANGDON VIEW LOCATED AT BEACH-
WOOD ROAD AND COMMERCE BLVD.
The Building Official explained that the Planning Commission
recommended approval contingent upon the City Engineer's recom-
mendations. These have been incorporated into the proposed
resolution. The Building Official further recommended that the
following item be added to the proposed resolution under A.:
"7. The Developer is to establish an escrow account to
cover legal, engineering and administrative fees."
The City Engineer asked the A. #2 be revised to read as follows:
"2. The Developer is to sign a Development Contract and
furnish the City a Performance Bond in the amount of
$15,000 to cover grading and drainage improvements for
the entire plat and the installation of sewer and water
services for Lots 2, 4, and 5 as per plans approved by
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June 27, 1989
the City Engineer."
The Mayor opened the public hearing. There was no response. The
Mayor closed the public hearing.
The Council questioned the $15,000 Performance Bond asking if it
was enough. The City Engineer stated that in other communities
the Developer submits his engineer's estimate and the City En-
gineer verifies that but in Mound the City Engineer submits an
estimate, so this is the City's estimate. The Engineer suggested
that the grading be done and sewer and water services be put in
before any building permits are issued.
The Council asked if parking would be restricted to one side of
Beachwood when the development is put in. The City Engineer
stated yes.
Johnson moved and Jessen seconded the following resolution with
the changes as stated above:
RESOLUTION #89-71 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE THE PRELIMINARY
AND FINAL PLAT OF LANGDON VIEW SUBDIVI-
SION (PID #23-117-24 13 0066, 0012, 0015
AND 0014) - P & Z CASE #89-822
The vote was unanimously in favor. Motion carried.
CASE #89-815: SCOTT HILL. 4984 THREE POINT3 BLVD., LOTS 11, 12,
13, 14, BLOCK 25, SHADYWOOD POINT, PID #13-117-24
11 0105 & 0106, MINOR SUBDIVISION
The Building Official explained the request and stated the Plan-
ning Commission recommended approval. Mr. Thill was present and
asked about any assessments or liens against the piece of
property he would be getting. The City Attorney told Mr. Thill
that was between he and his neighbor and not a City issue, but he
should look into the matter to protect himself.
Jessen moved and Jensen seconded the following resolution:
RESOLUTION #89-72 RESOLUTION TO APPROVE MINOR SUBDIVISION
OF LOTS 11, 12, 13, 14, BLOCK 25,
SHADYWOOD POINT, PID #1 3-117-24 11 0105
& 106, (4984 & 4978 THREE POINTS BLVD.),
P & Z CASE #89-815
The vote was unanimously in favor. Motion carried.
CASE #89-823: CRAIG WATSON, 4610 TUXEDO BLVD., LOT 1, BLOCK 7,
PEMBROKE, PID #19-117-23 33 0039, RECOGNIZE AN EX-
ISTING NONCONFORMING STRUCTURE AND ALLOW A REAR
YARD SETBACK VARIANCE
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June 27, 1989
The Building Official explained the request and that the Planning
Commission recommended approval with a new survey to be sub-
mitted. The Applicant was present and stated he is waiting for
the new survey.
Smith moved and Jensen seconded the following resolution:
RESOLUTION #89-73 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO RECOGNIZE A NONCONFORMING
STRUCTURE AND TO ALLOW A REAR YARD SET-
BACK VARIANCE FOR LOT 1, BLOCK 7,
PEMBROKE, PID #19-117-23 33 0039, (4610
TUXEDO BLVD.), P & Z CASE #89-823
The vote was unanimously in favor. Motion carried.
CASE #89-824: DANIEL JOHNSON, 1766 SHOREWOOD LANE, LOT 4, BLOCK
3, SHADYWOOD POINT, PID #13-117-24 11 0135, FRONT
YARD SETBACK VARIANCE
The Building Official explained the request and what the Planning
Commission recommended. The applicant was present and stated he
has revised his plans.
MOTION made by Smith, seconded by Jensen to table this item
and refer it back to the Planning Commission for recon-
sideration. The vote was unanimously in favor. Motion
carried.
CASE #89-825: PERCIVAL JACOBSON, 4700 WILSHIRE BLVD., LOTS
1.,2,3,16,17 & 18, BLOCK 31, SETON, PID #19-117-23
23 0112/01.1.9, FENCE HEIGHT VARIANCE
The Building Official explained the request. The Planning Com-
mission recommended approval.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #89-74 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO ALLOW A FENCE HEIGHT
VARIANCE FOR LOTS 1,2,3,16,17 & 18,
BLOCK 31, SETON, PID #19-117-23 23
0112/0119, P & Z CASE #89-825
The vote was unanimously in favor. Motion carried.
CASE #89-827: DANIEL & DIANE DE MATTEO, 5145 EMERALD DRIVE, LOTS
2, 3, & PART OF LOT 1, BLOCK 1, SHIRLEY HILLS UNIT
C, PID #24-117-24 13 0037, RECOGNIZE AN EXISTING
NONCONFORMING ACCESSORY STRUCTURE TO ALLOW STRUC-
TURAL MODIFICATIONS
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June 27, 1989
The Building Official explained the request. She explained that
the Planning Commission did not agree with the staff recommenda-
tion to just remove the 1.4 foot portion of the garage that is
encroaching on Emerald Lane and approve the 20 foot front yard
setback variance for the existing detached accessory building.
They recommended removing enough of the structure to meet the
setback to Emerald Lane. She further explained that this is a
concrete block building and is not movable.
Mr. DeMatteo was present and agreed with the Building Official's
recommendation. The Council discussed the case and stated they
would treat this as they had on encroachments on Commons, to
remove the part that was encroaching.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #89-75 RESOLUTION TO RECOGNIZE AN EXISTING NON-
CONFORMING ACCESSORY STRUCTURE TO ALLOW
STRUCTURAL MODIFICATIONS FOR LOT 2, 3, 7
PART OF LOT 1, BLOCK 1, SHIRLEY HILLS
UNIT 3, PID #24-117-24 13 0037 (5145
EMERALD LANE), P & Z CASE #89-827
The vote was unanimously in favor. Motion carried.
APPLICATION FOR A SIGN PERMIT FOR LIGHT OF LIFE CHRISTIAN CENTER
AT WESTONRA COMMUNITY SERVICES
The Building Official explained the sign permit request is for a
quasi-public organization and needs to be approved by the Coun-
cil.
MOTION made by Jensen, seconded by Jessen to authorize is-
suance of a sign permit to Light of Life Christian Center at
Westonka Community Services. The sign will be a portable
sign to broadcast special speakers for religious events and
also to make known the time/date/place of church meetings.
Size is 3' x 6' and will be located between Westonka Com-
munity Services Building and the Pond Arena. The vote was
unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
There was no response.
BID AWARD: REPAIRS TO COUNTY ROAD 110
The City Engineer explained that these repairs are needed because
of a watermain break last winter across from the new bank. The
engineer's estimate for the repair is $14,522.00. He then
reviewed the bids that were received:
Aero Asphalt, Inc. $12,355.48
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June 27, 1989
Midwest Asphalt $12,576.15
Valley Paving $12,730.00
Buffalo Bituminous $14,804.50
Alber Construction $18,147.00
Munn Blacktop $21,440.00
H. L. Johnson $22,706.00
Bituminous Roadways $24 101.90
The Engineer recommended the low bid of Aero Asphalt, Inc. at
$12,355.48.
Jessen moved and Johnson seconded the following resolution:
RESOLUTION #89-76 RESOLUTION AWARDING THE BID FOR THE
REPAIRS TO COUNTY ROAD 110 TO AFRO AS-
PHALT, INC. IN THE AMOUNT OF $12,355.48
The vote was unanimously in favor. Motion carried.
RESOLUTION AMENDING STANDARDS & GUIDELINES FOR DEFERRAL OF SPE-
CIAL ASSESSMENTS BECAUSE OF HARDSHIP FOR_SENIOR CITIZENS
The City Clerk reported that this would change the gross income
from $10,001 to $12,500 and the interest rate from 6% to 8%.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION #89-77 RESOLUTION AMENDING STANDARDS &
GUIDELINES FOR DEFERRAL OF SPECIAL
ASSESSMENTS BECAUSE OF HARDSHIP FOR
SENIOR CITIZENS
The vote was unanimously in favor. Motion carried.
RESOLUTION TO RENAME COUNTY ROAD 15
The City Manager stated that changing the name of County Road 15
from Shoreline Boulevard to Shoreline Drive will make the name
uniform from Navarre to Mound.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION #89-78 RESOLUTION TO RENAME COUNTY ROAD 15
The vote was unanimously in favor. Motion carried.
LIQUOR STORE LEASE
J
1
The City Manager explained that this is a three year lease and
that the price per square foot is the same ($7.50) as we have
paid the last two years.
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June 27, 1989
Jessen moved and Jensen seconded the following resolution:
RESOLUTION #89-79 RESOLUTION AUTHORIZING MAYOR AND CITY
MANAGER TO EXECUTE LEASE AGREEMENT WITH
MARK SALITERMAN FOR MUNICIPAL LIQUOR
STORE
The vote was unanimously in favor. Motion carried.
NORWOOD LANELBARTLETT BLVD. FINAL PAYMENT REQUEST
The City Engineer explained that this project is completed and
recommended approval of the final payment to Hardrives in the
amount of $9,500.
MOTION made by Johnson, seconded by Jensen to approve a
final Payment Request from Hardrives on Norwood
Lane/Bartlett Blvd. Storm sewer Improvements in the amount
of $9,500.00. The vote was unanimously in favor. Motion
carried.
1
MAINTENANCE PERMIT
The City Manager explained that Park Commission recommended ap-
proval of a maintenance permit for Michael Kraemer, 5500 Breezy
Road for 8 steps down to a dock on Waterside Lane.
MOTION made by Jessen, seconded by Johnson to approve a
request for Maintenance Permit for Michael Kraemer, 5500
Breezy Road - to construct 8 steps down to dock on Waterside
Lane. The vote was unanimously in favor. Motion carried.
GAMES OF SKILL ORDINANCE AMENDMENT
The City Clerk explained that if a game is not popular it is ex-
changed for another. Our ordinance currently does not allow the
transfer of a license to another game or device. This amendment
would allow a transfer to another game or device. If would also
eliminate the need to give the name of the game on the applica-
tion because this would change if the game is exchanged.
Johnson moved and Smith seconded the following:
ORDINANCE #31-1989 AN ORDINANCE AMENDING SECTION 468:10 OF
THE CITY CODE RELATING TO GAMES OF BRILL
LICENSES
The vote was unanimously in favor. Motion carried.
ON-SALE WINE LICENSE ORDINANCE AMENDMENT
The City Clerk explained that the State Statutes now allow a
holder of an On-Sale Wine License to sell intoxicating malt
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June 27, 1989
liquor if the Council amends its ordinance to allow this.
D'Vinci's has requested that the Council amend the ordinance to
allow the sale of intoxicating malt liquor.
Jensen moved and Johnson seconded the following:
ORDINANCE #32-1989 AN ORDINANCE AMENDING SECTION 800:05, 5,
OF THE CITY CODE RELATING TO ON-SALE
WINE LICENSES
The vote was unanimously in favor. Motion carried.
RELEASE OF TAX FORFEIT LAND FOR PUBLIC AUCTION
The City Clerk explained that PID #19-117-23 32 0107 (Lots 16 &
17, Block 10, Wychwood) is a buildable parcel and should be
released for public auction.
Jensen moved and Smith seconded the following resolution:
RESOLUTION #89-80 RESOLUTION RELEASING CERTAIN TAX FORFEIT
LANDS TO HENNEPIN COUNTY FOR PUBLIC AUC-
TION AND CERTIFYING THE SPECIAL ASSESS-
MENTS
The vote was unanimously in favor. Motion carried.
DISCUSSION: CENTRAL BUSINESS DISTRICT (CBD) PARKING PROGRAM
The City Manager explained that the Council has discussed the CBq
Parking Program and the parking lots at a Committee of the Whole
meeting. The railroad will be trying to sell these three parking
lots as the leases with the City expire. The Council talked
about purchasing these lots for municipal parking. Prior to any
offers being made the Council should decide how they are going to
finance the purchase and if the City should purchase these lots
outright as municipal lots or assess a portion or all of the cost
to the Central Business District Parking Program. The Staff is
looking for direction.
Phyllis Johnson was present and stated she feels the City should
purchase these lots as municipal lots and not assess the
businesses.
The Council discussed whether the general taxpayers should pay
for these lots or if they should be assessed to the CBD. No ac-
tion was taken on this item. The Council asked that the CBD
Parking Committee attend a meeting prior to the next Council
Meeting (7:00 P.M., July 11, 1989) to discuss this item further.
SET DATE FOR RECEIVING RFP ON CURBSIDE RECYCLING
MOTION made by Johnson, seconded by Jensen to set the date
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June 27, 1989
for receiving a request for proposals for curbside recycling
as July 20, 1989, at 11:00 A.M. The vote was unanimously in
favor. Motion carried.
DISCUSSION: DRAM SHOP LIABILITY INSURANCE REQUIREMENTS IN CITY
CODE
Bill McNamee, owner of the Jock Club, stated he would like the
Council to consider lowering the dram shop liability insurance
requirements in Section 800:10, Subdivision 7 of the City Code
from 300,000/300,000 to 100,000/300,000. He requested this be-
cause his premium for the required amount is considerably more
per year than the reduced amount.
The Council asked that the City Insurance Agent, Earl Bailey,
come to the next Council meeting to explain why he had recom-
mended 300,000/300,000 when the ordinance was amended in 1986.
No action was taken..
~ICENSE RENEWALS & NEW LICENSES
The following licenses are up for renewal:
Off-Sale Beer
Al & Alma's
Brickley's Market
PDQ Food Store #0292
SuperAmerica #4194
On-Sale Beer
Al & Alma's
D'Vinci's
House of Moy
Mound Lanes
On-Sale Wine
Al &Alma's
D'Vinci's
House of Moy
Set-UU
Al &Alma's
Club License
American Legion #398
VFW #5113
On-Sale Liquor
Mack's Jock Club
Dinner Dance
Mack's Jock Club
Sundaes On-Sale Liquor
Mack's Jock Club
VFW #5113
The following are new license requests:
On-Sale Intoxicating Beer
D'Vinci's
Juke Box
1 - Mack's Jock Club
Games of Skill
8 -Mack's Jock Club
Our Lady of the Lake Church requested the following licenses for
the Incredible Festival, July 29 & 30, 1989:
Public Dance Permit & Charitable 3.2 Beer Permit.
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June 27, 1989
MOTION made by Jessen, seconded by Jensen to authorize the
issuance of the above licenses, contingent upon all required
forms, insurance, etc. being turned in and approval of the
Police Chief where necessary. The vote was unanimously in
favor. Motion carried.
PAYMENT OF BILLS
MOTION made by Jensen, seconded by Johnson to authorize the
payment of bills as presented on the pre-list in the amount
of $127,448.49, when funds are available. A roll call vote
was 4 in favor with Ahrens absent and excused. Motion
carried.
INFORMATIONLMISCELLANEOU$:
A. May 1989 Financial Report as Prepared by John Norman,
Finance Director.
B. Park Commission Minutes of June 8, 1989.
C. Planning Commission Minutes of June 12, 1989.
D. LMCD Mailings.
E. Mark July 8, 1989, 10:00 A.M. on your calendars for the
dedication of Philbrook Park at the park. John Taffe, Jerry
Henke and others are organizing it and a sign will be ready
for that day and time.
F. Hennepin County Compost Site Update.
G. Memo from Jim Fackler regarding Eurasian Water Milfoil.
EXECUTIVE SESSION
The Council went into Executive Session to discuss labor nego-
tiations at 11:00 P.M. and returned at 11:30 P.M.
MOTION made by Johnson, seconded by Jensen to adjourn at
11:30 P.M. The vote was unanimously in favor. Motion
carried.
and J. h e, Jr., y Manager
Fran Clark, CMC, City Clerk