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1996-10-22MINUTES - MOUND CITY COUNCIL - OCTOBER 22, 1996 The City Council of the City of Mound, t-Iennepin C0unW, Minnesota, met ~n regular sess~o~ o~ Tuesday, October 22, 1996 at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present: Mayor Bob Polston, Councilmembers Mark Hanus, Liz Jensen and Phyllis Jessen (arrived at 7:45 pm). Absent and excused: Andrea Ahrens. Also in attendance: City Manager Edward J. Shulde, Jr., City Attorney Curt Pearson, Building Official Jon Sutherland and Acting City Clerk Linda Strong. The following interested citizens were also present: Robert Floeder, Bill and Lorraine Dunkley, Jim Koch, Amy Cicchese, Lorrie Ham, Daryl Geyen, Mark Reschke, Joe Zylman and Micheal Aspelin. The Pledge of Allegiance was receited. 1.0 APPRECIATION TO MERRITT AND DARYL GEYEN, AL & ALMA'S, FOR PARTICIPATION DURING LAKE MINNETONKA EMERGENCY PREPAREDNESS EXERCISE ON SEPTEMBER 21, 1996. Police Chief Len Harrell informed the Council of the continuous participation of the Geyen's and A1 & Alma's Supper Club in local events. He introduced Lt. Bill Chandler of the Hennepin County Sheriff's Office and Tim Tumbull from Hennepin County Emergency Preparedness. Mayor Polston presented Daryl Geyen with an appreciation plaque Lt. Chandler presented Daryl with a plaque from the Hennepin County Water Patrol for Geyen's years of generosity. The following items on the *Consent Agenda were moved by Councilmember Hanus and seconded by Jensen. The roll call vote was unanimous 3-0, Ahrens was absent. Jessen arrived after the vote. *CONSENT AGENDA *1.1 APPROVE MINUTES OF SEPTEMBER 24, 1996 REGULAR CITY COUNCIL MEETING. Hanus, Jensen, unanimous. Ahrens absent, Jessen arrived after vote. '1.2 APPROVE THE MINUTES OF OCTOBER 8, 1996 REGULAR MEETING. Hanus, lensen, unanimous. Ahrens absent, Jessen arrived after vote. CITY. COUNCIL '1.3 APPROVE THE MINUTES OF THE OCTOBER 15, 1996 COMMITTEE OF TIlE WHOLE MEETING.. Hanus, Jensen, unanimous. Ahrens absent, Jessen arrived after vote. 479 Minutes - Mound City Council - October 22, 1996 '1.4 RESOLUTION APPROVING A MINOR SUBDIVISION AND VARIANCE FOR LOTS 4-8, BLOCK 2, AVALON, RANDY MORIARTY, ..4536 DENBIGH ROAD AND ROBERT BAUMGARTEN, 4552 DENBIGH ROAD. CASE g96-31. At the' request of the applicant, this item was removed and continued until November 12, 1996. · 1.6 VARIANCE FOR DECK, WILLIAM DUNKLEY, 3016 WESTEDGE BLVD., LOT 1, BLOCK 1. HALSTEAD ACRES. CASE//96-54. Hanus, Jensen, unanimous 3-0. Ahrens absent, Jessen arrived after vote. RESOLUTION//96-104 RESOLUTION TO APPROVE A LAKE SIDE SETBACK VARIANCE FOR A DECK AT 3016 WESTEDGE BLVD., LOT 1, BLOCK 1, HALSTEAD ACRES 2ND ADDITION, PID 23-117-24 33 0012, PZg96-54. '1.7 MINOR SUBDIVISION (LOT LINE REARRANGEMENT), ROBERT FLOEDER, 3027 BLUFFS LANE, AND RONALD EMMONS, 3019 BLUFFS LANE. CASE//96-55. Hanus, Jensen, unanimous 3-0. Ahrens absent, Jessen arrived after vote. RESOLUTION//96-105 RESOLUTION TO APPROVE A MINOR SUBDMSION (LOT LINE REARRANGEMENT) FOR LOTS 1 & 2, BLOCK 2, THE BLIYFFS, PID'S 22-11%24-44 0002 &0003, PZg96-55. · 1.8 VARIANCE FOR ADDITION TO HOUSE, JAMES KOCH, 4398 WILSHIRE BLVD. CASE//96-56. Hanus, Jensen, unanimous 3-0. Ahrens absent, Jessen arrived after vote. RESOLUTION g96-106 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING NONCONFORMING FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF AN ADDITION AT 4398 WILSHIRE BLVD., LOTS 87 & 100 & P/86, PHELP'S ISLAND PARK FIRST DIVISION, PID 19- 117-23 24 0022. PZ#96-56. 480 Minutes - Mound City Council - October 22, 1996 VARIANCE FOR I)DITION TO BET kCIt B Ghg&Glg, MARK RgSCnK :, 4737 ABERDEEN ROAD. CASE//96-57. Hanus, Jensen, unanimous 3-0. Ahrens absent, Jessen arrived after vote. RESOLUTION//96-107 RESOLUTION TO APPROVE SETBACK VARIANCES TO ALLOW CONSTRUCTION OF A GARAGE ADDITION AT 4737 ABERDEEN ROAD, LOTS 10 & 11, BLOCK 5, DEVON, PID 30-117-23 22 0036. PZ#96-57. *1.10 VARIANCE TO RECONSTRUCT DWELLING, LORI & JERRY MAREK, 4829 ISLAND VIEW DRIVE. CASE//96-58. Hanus, Jensen, unanimous 3-0. Ahrens absent, Jessen arrived after vote. RESOLUTION//96-108 RESOLUTION TO APPROVE SETBACK, LOT AREA, AND HARDCOVER VARIANCES TO ALLOW RECONSTRUCTION OF A DWELLING AT 4829 ISLAND VIEW DRIVE, LOT 8, BLOCK 13, DEVON, PID 25-117-24 11 0033. P&Z//96-58. *1.11 VAR/ANCE FOR DECK REPLACEMENT & EXPANSION, STEVE & MARY CHASE, 1765 JONES LANE. CASE//96-59. Hanus, Jensen, unanimous 3-0. Ahrens absent, Jessen arrived after vote. RESOLUTION//96-109 RESOLUTION TO APPROVE SETBACK VARIANCES TO ALLOW CONSTRUCTION OF A DECK AT 1765 JONES LANE, LOT 5, BLOCK 1, REPLAT OF HARRISON SHORES, PID 13-117-24 22 0030, P&Z//96-59. '1.12 BID AWARD: CENTRAL BUSINESS DISTRICT PARKING SNOW REMOVAL. Hanus, Jensen, unanimous 3-0. RESOLUTION//96-110 '1.13 PAYMENT OF BILLS. Hanus, Jensen, unanimous 3-0. Ahrens absent, Jessen arrived after vote. RESOLUTION APPROVING WIDMER BROS. AS THE SNOWPLOW CONTRACTOR FOR THE 1996-97 SNOW SEASON FOR THE CENTRAL BUSINESS DISTRICT PARKING LOTS. Ahrens absent, Jessen arrived after vote. 481 Minutes - Mound City Council - October 22, 1996 Councilmember Jessen arrived at 7:45 pm 1.5 RESOLUTION APPROVING PUBLIC LANDS PERMIT FOR AHRENS, 4673 ISLAND VIEW DRIVE, TO INSTALL AN UNDERGROUND PIPE ON DEVON COMMONS. Hanus, Jensen, unanimous 4-0. Ahrens absent. RESOLUTION//96-103 RESOLUTION APPROVING A CONSTRUCTION ON PUBLIC LANDS PERMIT FOR AN UNDERGROUND PVC WATER PIPE TO BE LOCATED ON DEVON COMMON ABUTTING 4857 ISLAND VIEW DRIVE, DOCK #43520. 1.14 REQUEST FOR RELEASE OF TAX FORFEIT PROPERTY. The Council discussed the land had been retained on 2-5-82 for Wetland purposes. Joe Zylman has requested the release of this property for sale to adjoining property owners. Mr. Zylman of Waters Edge Invetsment Co. plans to develop the adjacent parcel and would like to incorporate this land into the development. The Parks Director, City Planner, Parks Commission and Planning Commission all recommended that the City retain this property for wetland purposes. Councilmember Hanus stated that the plans for the development required several variances. MOTION by Polston, seconded by Jessen and carried unanimously for the City to retain ownership of PID 13-117-24 22 0249, 5490 Three Points Blvd., that part of Lot 25, Lafayette Park, for wetlands and not to release it for sale to adjoining properties. 1.15 REQUEST FOR BEER SALES - STEVE BEDELL, "BY THE WAY SNACK SHOP" FOR 1997. Mr. Bedell had submitted a letter requesting this item to be continued until the November 26, 1996 City Council meeting. 1.16 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.17 DISCUSSION: SUBURBAN ALLIANCE. City Manager Ed Shulde summarized the issue. He stated there is an estimate of debt proposed to be distributed among the member cities. Mound apparently, did not participate for several years and then began participating again. In 1993, the City rejoined for a fee of $50. Discussion included staff costs and budgets not reflecting true activity. City Attorney Curt Pearson stated that the documents provided 482 Minutes - Mound City Council - October 22, 1996 in information shows no signatures by anybody. He wondered if we ever signed them. MOTION by Hanus, seconded by Jensen and carried unanimously to direct City Manager and City Attorney to research and identify if the City has a cqntractual obligation with the Suburban Alliance. 1.18 RESOLUTION ELECTING TO BEGIN PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1997. City Manager Ed Shukle stated the Council did not respond in time to be included in the 1996 program. The City is now eligible for inclusion in the 1997 Metropolitan Livable Communities Act. A resolution needs to be approved and submitted by November 15, 1996 to take advantage of any grant or loan programs during 1997. Shukle also mentioned that the city of Minnetrista would like to cluster with the City of Mound in the requirements needed to participate. The Council consensus was to participate in 1997 without Minnetrista clustering with Mound to see how the program will benefit Mound. It is possible Mound may consider "clustering" with Minnetrista in 1998. lessen moved and lensen seconded the following resolution as presented: RESOLUTION//96-111 RF~OLUTION ELECTING TO BEGIN PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1997. The vote was unanimously in favor. Motion carried. 1.19 ADD-ON -- MAYOR POLSTON DISCUSSED WITH COUNCIL BOND OPTIONS AVAILABLE FOR THE CITY OF MOUND TO CONSIDER IN THE SUPPORT OF A WESTONKA SENIOR CENTER. Mayor Polston wanted to discuss with the Council information on the different types of bonding available should the City want to participate with some financial support of a new Westonka Senior Center. 1.20 COMMENTS ON PARKS AND OPEN SPACE COMMISSION MINUTES OF OCTOBER 10, 1996. Councilmember Hanus commented on a motion by the POSC to the City Council "for the City to take no more actions directly associated with the dredging or project related preparatory action on the Lost Lake Canal dredging until such time that all the issues associated with it have been resolved". He would like the Council to deny acceptance of the motion because if the Council were to follow this recommendation the project would be guaranteed to have any permits denied by issuing authorities. He 483 Minutes - Mound City Council - October 22, 1996 stated new discoveries are made all of the time and these actions create a chain of reactions. He also stated this motion was made before the special meeting held on October 17, 1996 with the Minnehaha Creek Watershed District, DNR, Mound advisory Commissions and the Council. MOTION by Polston, seconded by Jensen and carried unanimously to communicate with the Parks and Open Space Commi~ion that after meeting with the Minnehaha Creek Watershed District, that the Council has great hopes that the project will be a go and the Parks and Open Space Commimion should also be supportive and promote the project to the public. 1.21 INFORMATION/MISCELLANEOUS: he SEPTEMBER 1996 FINANCIAL REPORT AS PREPARED BY GINO BUSINARO, FINANCE DIRECTOR. Bo MEMO FROM JIM MILLER, LEAGUE OF MINNESOTA CITIES RE: NATIONAL LEAGUE OF CITIES BOARD OF DIRECTORS AND 1997 NLC POLICY AND STEERING COMMITTEES. IF YOU ARE INTERESTED, PLEASE ADVISE SO WE CAN SUBMIT YOUR NAME FOR CONSIDERATION. LMCD BOARD OF DIRECTORS MINUTES FROM THE SEPTEMBER 25, 1996 MEETING. Do PROPOSED LEGISLATIVE POLICIES PREPARED BY COMMITTEES OF THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES (AMM). ADOPTION OF THESE POLICIES WILL TAKE PLACE ON NOVEMBER 14, 1996 IN ST. PAUL. (BOOKLET INSERT - COUNCIL) E. PARK AND OPEN SPACE COMMISSION MINUTES - OCTOBER 10, 1996. F. PLANNING COMMISSION MINUTES OF OCTOBER 14, 1996. Go THANK YOU LETTER FROM THE SOUTHWEST TRAIL ASSOCIATION FOR CITY SUPPORT. REMINDERS: CANVASSING OF MUNICIPAL ELECTION IS SCHEDULED FOR WEDNESDAY, NOVEMBER 6TH, 7:30 PM. CITY OFFICES ARE CLOSED NOVEMBER 11, 1996 IN OBSERVANCE OF VETERAN'S DAY. ANNUAL LAEGUE OF MINNESOTA CITIES LEGISLATIVE POLICY ADOPTION CONFERENCE IS SCHEDULED FOR NOVEMBER 22ND IN MINNETONKA AT THE RAMADA PLAZA HOTEL. PLEASE ADVISE LIN-DA AS SOON AS POSSIBLE IF YOU ARE INTERESTED IN ATTENDING. 484 Minutes - Mound City Council - October 22, 1996 MOTION by Jensen seconded by Hanus and carried unanimousl~ to ad~ou~ the meeting at 8:50 pm. {.//City M~~ge! Attest: Acting City Clerk 485 BILLS. .October 22, 1996 BATCH 6102 $225,044.26 Total Bills $255,044.26