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1992-01-14 1 January 14, 1992 MINUTES - MOUND CITY COUNCIL - JANUARY 14v 1992 The city Council of Mound, Hennepin County, Minnesota, regular session on Tuesday, January 14, 1992, in the Chambers at 5341 Maywood Road, in said City. met in Council Those present were: Acting Mayor Phyllis Jessen, Councilmembers Andrea Ahrens, Liz Jensen, and Ken Smith. Mayor Johnson was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Jim Larson, City Planner Mark Koegler, Building Official Jon Sutherland and the following interested citizens: Mark Bussey, Annette Flaherty, Bill & Dorothy Netka. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. RECYCLOTTO WINNERS The following persons won $100.00 Westonka Dollars for recycling: Mark Bussy, 3015 Highview Lane and Dale Sedlezky, 5217 Phelps. Mr. Bussy was present to accept his award. 1.0 MINUTES MOTION made by Smith, seconded by Jensen to approve the Minutes of the December 10, 1991, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 APPOINTMENT OF ACTING MAYOR FOR 1992 Ahrens moved and Jensen seconded the following resolution: RESOLUTION #92-1 RESOLUTION APPOINTING ACTING MAYOR FOR 1992 PHYLLIS JESSEN The vote was unanimously in favor. Motion carried. 1.2 APPOINTMENT OF ACTING CITY MANAGER Jensen moved and Ahrens seconded the following resolution: RESOLUTION 992-2 RESOLUTION APPOINTING CITY CLERK FRAN CLARK ACTING CITY MANAGER FOR 1992 The vote was unanimously in favor. Motion carried. 2 2 January 14, 1992 1.3 DESIGNATION OF OFFICIAL NEWSPAPER FOR 1992 Smith moved and Ahrens seconded the following resolution: RESOLUTION #92-3 RESOLUTION DESIGNATING THE LAKER THE OFFICIAL NEWSPAPER FOR 1992 The vote was unanimously in favor. Motion carried. 1.4 APPROVAL OF OFFICIAL BONDS Jensen moved and Smith seconded the following resolution: RESOLUTION #92-4 RESOLUTION APPROVING THE PURCHASE OF A $20,000 BOND FOR THE CITY CLERK The vote was unanimously in favor. Motion carried. 1.5 Ahrens moved and Jensen seconded the following resolution: RESOLUTION %92-5 RESOLUTION APPROVING THE PURCHASE OF A $20,000 BOND FOR THE CITY TREASURER /FINANCE DIRECTOR The vote was unanimously in favor. Motion carried. 1.6 APPOINTMENT OF COUNCIL REPRESENTATIVES TO VARIOUS COMMISSIONS Smith moved and Ahrens seconded the following resolution: RESOLUTION #92-6 RESOLUTION APPOINTING ANDREA AHRENS TO THE PARK COMMISSION; LIZ JENSEN TO THE PLANNING COMMISSION; AND KEN SMITH TO THE ECONOMIC DEVELOPMENT COMMISSION (EDC) AS COUNCIL REPRESENTATIVES FOR 1992 The vote was unanimously in favor. Motion carried. 1.7 COMMISSION REAPPOINTMENTS Jensen moved and Smith seconded the following resolution: RESOLUTION #92-7 RESOLUTION REAPPOINTING THE FOLLOWING PERSONS: JERRY CLAPSADDLE & BRIAN JOHNSON TO THE PLANNING COMMISSION; TOM CASEY & BRIAN ASLESON TO THE PARKS & OPEN SPACE COMMISSION; AND BEN MARKS & FRED GUTTORMSON TO THE ECONOMIC DEVELOPMENT COMMISSION - S YEAR TERHS - EXPIRING 12/31/94 3 January 14, 1992 The vote was unanimously in favor. Motion carried. 1.8 DESIGNATION OF OFFICIAL DEPOSITORIES Jensen moved and Smith seconded the following resolution: RESOLUTION #92-8 RESOLUTION DESIGNATING DEPOSITORIES FOR 1992 THE OFFICIAL The vote was unanimously in favor. Motion carried. 1.9 DISCUSSION ITEM: CASE #91-040: JOHN FLAHERTY, 2313 COMMERCE BLVD. (NETKA BUILDING), PID #14-117-24 44 0042t AMENDMENT TO CONDITIONAL USE PERMIT #91-123. The City Planner explained that this is a discussion item. The applicant originally submitted a floor plan that was part of the approving resolution. He subsequently changed the floor plan which did not conform with the resolution of approval. This would require an amendment to the conditional use permit. An amendment to a conditional use permit requires a public hearing. Thus, the applicant has submitted a third floor plan which is a little different than the language in the resolution, but is in compliance with the terms of the resolution, i.e. allowing only 4 video machines on the main floor, the mezzanine level will not be used until it can be brought up to handicapped code. The Planner then explained that there needs to be some channeling or control over vehicle movement in the alley that runs along the south side of the building where the entrance will be. The suggestion is to install bollards or other barrier devices on private property to ensure the safety of pedestrians entering and exiting the building. The Council discussed the last floor plan submitted and agreed that it was essentially in compliance. They want the plan to show the dumpster enclosure, bike rack and bollards or barriers. The Council advised Ms. Flaherty that if they wish to have additional video machines or pool tables on the main floor, they would need to apply for an amendment to the conditional use permit. 1.10 EXTENSION OF RESOLUTION #91-71, MINOR SUBDIVISION FOR FRANK DREY, LOT 3t BLOCK 2t WESTWOOD The Building official explained that Mr. Drey had neglected to file Resolution #91-71 within the 180 days allowed. He now needs an extension in order to file the resolution at Hennepin County. Smith moved and Ahrens seconded the following resolution: 4 January 14, 1992 RESOLUTION #92-9 RESOLUTION APPROVING A 180 DAY EXTENSION FOR RESOLUTION #91-71, MINOR SUBDIVISION FOR FRANK DREY, LOT 3, BLOCK 2~ WESTWOOD The vote was unanimously in favor. Motion carried. 1.11 SET BID OPENING DATE FOR 1992 2 1/2 TON DUMP TRUCK WITH PLOW, WING & SANDER MOTION made by Jensen, seconded by Smith to approve the specifications and set January 2?, 1992, 11:00 A.M. for the bid opening for a 1992 2 1/2 ton dump truck with plow, wing and sander. The vote was unanimously in favor. Motion carried. 1.12 RECOMMENDATION RE: SPECIFIC PARCEL OF TAX FORFEIT LAND The City Clerk explained that this small piece just went tax forfeit. It is a separate parcel (divided probably in the 40's or 50's. The City is assuming it was divided to be sold to the owner of Lot 26 to make the dwelling on that lot not encroach on Lot 27. For some reason or another it was never sold to the owner of Lot 26 and was not combined with Lot 27. The Staff recommendation is that the City ask Hennepin County to sell this parcel to the City of Mound and the City will then resell it for the same price to the owner of Lot 26. The owner will then combine this parcel with Lot 26. This will at least make the dwelling on Lot 26 not encroach on Lots 27. Ahrens moved and Jensen seconded the following resolution: RESOLUTION #92-10 RESOLUTION TO REQUEST THE HENNEPIN COUNTY BOARD SELL (PID #24-117-24 41 0079), PART OF LOT 27, BLOCK 26, WYCHWOOD, TO THE CITY OF MOUND TO BE RESOLD TO THE OWNER OF LOT 26, BLOCK 26, WYCHWOOD The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.13 PAYMENT OF BILLS MOTION made by Smith, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $567,855.29, when funds are available. A roll call vote was unanimously in favor. Motion carried. 5 5 January 14~ 1992 1.14 GAMBLIN~ PERMIT APPLICATION - OUR L~DY OF THE L~KE SCHOOL Ahrens moved and Jensen seconded the following resolution: RESOLUTION #92-11 RESOLUTION APPROVIN~ A ~AMBLING PERMIT APPLICATION FOR OUR LADY OF THE LAKE SCHOOL The vote was unanimously in favor. Motion carried. INFORMATION/MISCELL&NEOUS A. December 1991, Department Head Monthly Reports. B. L.M.C.D. Representative's December 1991 Monthly Report. Ce Financial Report for November 1991, as prepared by John Norman, Finance Director. De Announcement of National League of Cities (NLC) Conference, Washington, D.C. - March 7-10, 1992. Please let Fran know ASAP if you wish to attend. E. Planning Commission Minutes of December 9, 1991. F. Park & Open Space Commission Minutes of December 12, 1991. G. Economic Development Commission Minutes of December 19, 1991. REMINDER: Committee of the Whole (COW) Meeting, Tuesday, January 21, 1992, 7:00 P.M., City Hall. REMINDER: City Hall Offices will be closed Monday, January 20, 1992, in observance of Martin Luther King holiday. J. LMCD Mailings. IT'S OFFICIAL! Toro has signed a new lease with Welsh Companies. It is a minimum 2 year lease up to a maximum of 10 years with renewal at two, four and eight years. The lease is retroactive to 7/31/91. We are very pleased that Toro and Welsh Companies worked out a new agreement and that we were able to retain one of our largest employers. It is a good economic boost to our City. Memo from Police Chief Len Harrell on the Arbor Lane parking issue. This has been a problem area for parking on the street for the past several years due to a confined space and demand from residents and Common's Dock users. Here is an example of 6 January 14, 1992 the City trying to work out a problem and reaching a consensus with residents to resolve the problem. Letter from Representative Steve Smith re: our letter expressing concern over the Presidential Primary slated for April 7, 1992. Ne Letter from Representative Steve Smith re: resolution passed by neighboring cities requesting repeal of the Presidential Primary. Information from the League of Minnesota cities (LMC) on seminar for all elected officials scheduled for Friday, February 7, 1992. If you are interested in attending, please let Fran know ASAP. Pe Letter from Senator Patrick D. McGowan, Assistant Minority Leader re: Presidential Primary. Qo Letter from the Lake Minnetonka Lakeshore Owners Association (LMLOA) re: 3rd Annual Community Earth Day celebration to take place on Wednesday, April 22, 1992, from 3:00 - 9:00 P.M. at the Lafayette Club. LMLOA would like to have a City Representative attend a planning session which is scheduled for Tuesday, January 14, 1992, 7:00 P.M. at Lord Fletchers. This conflicts with your Council meeting but if you are interested, we will notify LMLOA so that you can attend future meetings. Re Final Drafts of Rental Housing Ordinance (Section 319) and Rental Housing Licensing Ordinance (Section 495). Please read these and be prepared to discuss at the C.O.W. Meeting Tuesday, January 21, 1992. Jon Sutherland and myself will be bringing some implementation alternatives to the COW Meeting for you to consider. The Planning Commission has worked very hard, along with Staff, to come up with these proposed ordinances. They have held one public hearing and have dedicated many work sessions to coming up with these proposals. You will have to decide how much detail you want to go into them. Following discussion of the ordinances, you are going to want to spend some time analyzing the implementation alternatives. You will have to decide how much time you want to spend. This has been a major undertaking and it may take several meetings to review and consider. MOTION made by Smith, and seconde~b~ J~esse to adjou~n .at 8:50 P.M. The vote was unanimously ~n~fjav~r., Motion c,~rried. At~est: City Clerk ' Ed~rd J. ~b~'~, City Manager BILLS JANUARY 14, 1992 BATCH 1121 BATCH 1122 BATCH 1123 TOTAL BILLS $484,513.43 80,281.62 3,060.24 567,855.29