1995-11-28City Council Minutes November 28, 1995
MINUTES - MOUND CITY COUNCIL - NOVEMBER 28, 1995
The City Council of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, November 28, 1995, at 7:30 PM, in the Council Chambers at 5341 Maywood
Road, in said City.
Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark
Hanus, Liz Jensen and Phyllis Jessen, City Engineer John Cameron, City Attorney Curt
Pearson, City Manager Ed Shukle and Acting City Clerk Linda Strong. The following
interested citizens were also present: Brian and Debi Schultz, Tracy Ingrain, Dan Thurlo,
Chris Bull, Mike Rogers, Nathan Jasche, Ryan O'Connor, Michael O'Connor, Robert and
Linda Berger, William Bull, Ben Hunt and Mark Thurlo.
PLEDGE OF ALLEGIANCE
Mayor Polston introduced Cub Scout Den 7 of Pack 297. The Scouts led the Pledge of
Allegiance.
RECYCLOTrO WINNER
Mayor Polston announced that William Brickzen had won 50 Westonka Dollars for having
his recycling on the curb by 7 am, the week of November 20, 1995.
1.1
APPROVE THE MINUTES OF THE NOVEMBER 14, 1995 REGULAR MEETING,
THE NOVEMBER 21, 1995 COMMi'R'EE OF THE WHOLE MEETING, AND THE
MINUTES OF THE OCTOBER 24, 1995 CITY COUNCIL MEETING WITH
VERBATIM COVERAGE OF REQUESTED ITEM.
Mayor Polston began with the Minutes of the November 14, 1995 regular meeting, asking
for approval or comments.
MOTION by Hanus, seconded by Jensen and carried unanimously to approve
the Minutes of the November 14, 1995 regular City Council meeting.
The Mayor continued with the Minutes of the Committee of the Whole from November 20,
1995, asking for approval or comments.
MOTION by Ahrens, seconded by Jessen to approve the Minutes of the
Committee of the Whole meeting of November 20, 1995. The vote carried.
Councilmember Jensen abstained as she was not present at this meeting.
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City Council Minutes
November 28, 1995
The Mayor finished with the Minutes of the October 24, 1995 regular meeting with
verbatim coverage of a requested item. Councilmember Jensen had one word change,
and Council agreed to delete the summary following the verbatim coverage.
MOTION by Jensen, seconded by Ahrens and carried unanimously to approve
the Minutes of the October 24, 1995 regular City Council meeting and the
verbatim coverage of a requested item, as amended.
1.2
CONTINUED DISCUSSION: PETITION FOR LOCAL IMPROVEMENT XXXX
KILDARE ROAD, LOTS 21, 22, 23, 24, 25 & 26, BLOCK 11, SETON, PID'S 19-
117-23-22-0036 THRU 0041. (STREET WITH CURB, GUTTER, WATER AND
SEWER).
Mayor Polston introduced Tracy Ingrain, realtor for the owners of property along the
unimproved Kildare Road. Ingram stated his client had questions regarding the results
of a feasibility study and what would happen after it was completed. Mayor Polston
restated the fact that there are two property owners, one with 6 lots and one with two lots
along the unimproved road and the owner with the 6 lots does not want the improvement
or the costs and that owner did not sign the petition. The owner not wanting the
improvement would have the largest assessment. This was the reason this road was not
improved in 1978. Mayor Polston suggested they work it out with the non interested
owner. City Attorney Curt Pearson listed the process regarding what would take place:
2.
3.
4.
The Council would direct a feasibility study to be done.
If the Council accepts the feasibility study, they order a public hearing.
The public hearing date is published in The Laker.
Notices are mailed to all of the affected property owners informing them of the
proposed improvement and inviting them to the public hearing.
The public hearing is held.
The City Council makes their determination. If the petition represents less than
35% in frontage of the real property abutting on the street, a 4/5 vote of the
council is required. If more than 35% in frontage of the real property abutting on
the street has petitioned for the improvement, it requires 3/5 vote. However,
without the proper right-of-way, the City would have to consider condemnation if
the non approving property owner would not grant an easement or negotiate the
sale of an easement.
If all this worked out positively, and the street improvement happened with water,
sewer and curb, there would be a second public hearing for the assessments,
costs and how they shou!d be paid. The non approving property owner could then
appeal the tax assessment.
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City Council Minutes November 28, 1995
The council would like to avoid possible confrontations. John Cameron stated the 35%
meant the amount of property frontage and the applicants do not have 35%. Ingram
stated that the other frontage property owners to the south have no desire to improve this
road.
MOTION by Ahrens, seconded by Hanus to continue this item until 12-12-95
should the applicants desire to request and pay for a feasibility study. The
vote was carried unanimously.
1.3
CASE #95-51: BART ROEGLIN FOR IRENE MCKINNEY, 2068 BELLAIRE LANE,
LOT 58, MOUND ADDITION, PID 14-117-24 41 0031. VARIANCE FOR PORCH.
City Manager Ed Shukle stated the owner had applied for a variance to recognize an
existing nonconforming side yard setback of 4.3 feet to the north side, resulting in a 1.7
foot variance, in order to construct a conform ing screen porch on top of an existing deck.
The nonconforming setback was previously recognized by Resolution #87-201. Staff and
Planning Commission recommend approval.
Councilmember Ahrens moved and Councilmember Jensen seconded the following
resolution:
RESOLUTION #95-119
RESOLUTION TO APPROVE A VARIANCE TO
RECOGNIZE AN EXISTING NONCONFORMING SIDE
YARD SETBACK TO ALLOW CONSTRUCTION OF A
CONFORMING SCREENED PORCH AT 2068
BELLAIRE LANE, LOT 58, MOUND ADDITION, PID
14-117-24 41 0031, PZ #95-51
The vote was unanimously in favor. Resolution passed.
1.4 APPROVAL OF PERMITS FOR WINTERFEST 1996.
City Manager Ed Shukle stated that Bob Bittle had previously discussed with the Council
the Winterfest 1996. The Lions were now applying for the Temporary On Sale Non
Intoxicating Malt Liquor Permit and a sign permit. The event will be January 12-14, 1996.
MOTION by Polston, seconded by Ahrens and carried unanimously to approve
the Temporary On Sale Non Intoxicating Malt Liquor Permit and the Sign
Permit for the Lions Winterfest 1996 to be held January 12-14, 1996.
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City Cou~il Minutes
November 28, 1995
1.5 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
Mayor Polston asked if there was anyone present who had comments or suggestions.
He asked the boy scouts if they had any questions regarding how the Council worked.
They had a few questions: How does the City get money? What does the Mayor do?
1.6 PAYMENT OF BILLS
MOTION made by Jessen, seconded by Jensen to authorize the payment of
bills as presented on the pre-list in the amount of $111,545.49, when funds
are available. A roll call vote was unanimously in favor. Motion carried.
1.7 INFORMATION/MISCELLANEOUS
Ao
FINANCIAL REPORT FOR OCTOBER 1995 AS PREPARED BY GINO
BUSINARO, FINANCE DIRECTOR.
B. PLANNING COMMISSION MINUTES OF NOVEMBER 13, 1995.
REMINDER: ANNUAL CHRISTMAS PARTY, FRIDAY, DECEMBER 8,
1995. PLEASE RSVP TO LINDA BY DECEMBER 1.
Do
REMINDER: BUDGET HEARING, WEDNESDAY, DECEMBER 6, 1995,
7:30 P.M.
Ee
REMINDER: CONTINUED BUDGET HEARING, IF NECESSARY,
WEDNESDAY, DECEMBER 13, 1995, 7:30 P.M.
REMINDER: SECOND COUNCIL MEETING OF DECEMBER CHANGED
FROM DECEMBER 26 TO DECEMBER 19, 7:30 P.M.
Go
ENCLOSED IS A MEMORANDUM DATED OCTOBER 2, 1995 FROM
COUNCILMEMBER MARK HANUS REGARDING INFORMATION HE HAS
SHARED WITH THE PLANNING COMMISSION AS IT RELATES TO HIS
ROLE AS A COUNCIL LIAISON. HE ASKED ME TO INCLUDE THIS IN
THE PACKET FOR NOVEMBER 28, 1995.
The Council discussed item G and decided to leave it as written as Councilmember
Hanus' definition of Planning Commission liaison.
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City Council Minutes November 28, 1995
MOTION by Ahrens, seconded by Jensen and carried unanimously to adjourn
the meeting at 6:37 pm.
Attest: Acting City Clerk
ger
571
BILLS ,November 28, 1995
BATCH 5112 $111,545.49
Total Bills $111,545.49
572