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1992-01-2811 11 January 28, 1992 MINUTES - MOUND CITY COUNCIL - JANUARY 28, 1992 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 28, 1992, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Jim Larson, Building official Jon Sutherland and the following interested citizens: Douglas Jepson, Ann Schouweiler, Greg Knutson, Tom Casey, Allan Blackwell and the following members of Scout Troop #571 (Our Lady of the Lake Church): Michael Blackwell, Brian Williams, Jason Berg, Steve Erickson, Nate Perbix, Ryan Schultz. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Jensen, seconded by Smith to approve the Minutes of the January 14, 1992, Regular Meeting and the January 21, 1992, Committee of the Whole Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 CASE #91-101: DOUG JEPSON & ANN SCHOUWEILER, 4618 KILDARE ROAD, LOTS 11 & 37, BLOCK 11, SETON, PID #19- 117-23 21 0031, APPROVE A TEMPORARY VARIANCE TO ALLOW TWO PRINCIPAL DWELLINGS ON ONE LOT AND TO RECOGNIZE AN EXISTING SIDE YARD ENCROACHMENT UNTIL COMPLETION OF THE NEW DWELLING The Building Official explained that the request is to allow an existing nonconforming dwelling to remain until a new dwelling is constructed on the same lot. Ordinarily this would not require a variance if the applicant is able to post the necessary guarantee for removal of the present dwelling, in this case a $3000 bond. The applicant would like to have $1000 put in escrow for the removal of the dwelling after the new structure is built. The Planning Commission recommended approval on an 8 to 1 vote. The city Attorney suggested that his office prepare an agreement for the applicant to sign which would give the City a temporary easement to enter the property and remove the dwelling and assess the cost to the applicant if the dwelling is not removed in a timely manner. The Council discussed a time limit to have the dwelling removed. They suggested 60 days after the Certificate of 12 January 28, 1992 Occupancy for the new dwelling is issued. The Staff is to incorporate all of these conditions into the resolution which will be filed with Hennepin County. The City Attorney will prepare the agreement Smith moved and Ahrens seconded the following resolution: RESOLUTION 992-12 RESOLUTION TO APPROVE A TEMPORARY VARIANCE TO ALLOW TWO PRINCIPAL DWELLINGS ON ONE LOT AND TO RECOGNIZE AN EXISTING SIDE YARD ENCROACHMENT UNTIL COMPLETION OF THE NEW DWELLING FOR THE PROPERTY AT 4618 KILDARE ROAD, LOTS 10 & 37, BLOCK 11, SETON, PID %19-117-23 21 0031, P & Z CASE %92-001, AS AMENDED The vote was unanimously in favor. Motion carried. 1.2 RECOMMENDATION FROM PARKS AND OPEN SPACE COMMISSION RE: LIGHT pOLE ON PUBLIC LAND, 4701 ISLAND VIEW DRIVEw GREG KNUTSON The City Manager reported that at the Park & Open Space Commission Meeting the Park Director informed them that the pole existed prior to Mr. Knutson purchasing the property. He recommended that the lights on the pole be shielded so that they do not create a hazard to navigation. At that meeting, Mr. Knutson confirmed that he did not install the pole, however he has replaced the spot lights and the speakers on the pole. He stated that the lights are needed for security and safety purposes since the grade is steep and the area is difficult to traverse in the dark. The outlet on the pole is used for a weed whip to trim the Commons area. The Park & Open Space Commission recommended approval on a 6 to 1 vote and 1 abstention with the following conditions: The electrical line be located and shown on a site plan for City records. The lights be shielded. Proof of an electrical inspection be submitted to the city. The Council discussed the stereo speakers on the light pole. The city Attorney stated that allowing this would set a precedent of allowing private property on public property. The Building Official recommended not allowing the speakers. Jessen moved and Johnson seconded the following resolution: RESOLUTION %92-13 RESOLUTION TO APPROVE A CONSTRUCTION ON PUBLIC LANDS PERMIT FOR $ YEARS RENEWABLE TO ALLOW A LIGHT POLE WITH TWO SPOT 13 January 28, 1992 LIGHTS, AND AN ELECTRICAL OUTLET ON DEVON COMMONS, DOCK SITE %42077, 4701 ISLAND VIEW DRIVE, LOT 1, BLOCK 7, ARDEN The Council asked that the following be added to the proposed resolution: Elimination of the stereo speakers by May 15, 1992; and Shielding of the spot lights on the pole to be as recommended by the Park Director. The vote was 4 in favor with Ahrens abstaining. Motion carried. 1.3 L.M.C.D. COMMERCIAL DOCK LICENSES: AL & ALMA'S, BOAT RENTALS OF MINNETONKA, CHAPMAN PLACE, HARRISON HARBOR TWIN HOMES, SEAHORSE CONDOMINIUMS AND LAKEWINDS. REVIEW AND COMMENT. The City Manager explained that the following multiple dock and mooring licenses have been reviewed by the Planning Commission and the Parks & Open Space Commission: 1. A1 & Alma's 2. Boat Rentals of Minnetonka, Inc. 3. Chapman Place 4. Harrison Harbor Twin Home Association 5. Seahorse Condominium Association 6. Lakewinds Association All were approved by both Commissions. The question of the statement on the Lakewinds application regarding the 16 transient boat slips being used by Donnie's Restaurant was again addressed. The City Clerk will get the information received from the LMCD on this issue and have it in a future packet. No action was taken. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.4 BID AWARD: 1992 DIESEL POWER SINGLE AXLE, 31,000 GVW WITH PLOW, WING, DUMP BODY & SANDER The City Manager reported that the following three bids were received: 1. North Star $68,519.00 2. Lakeland Ford Truck Center $69,004.00 3. Boyer Trucks, Inc. $68,200.00 Staff recommends Boyer Trucks, Inc. as the lowest responsible bidder. Ahrens moved and Jensen seconded the following resolution: 13 January 28, 1992 RESOLUTION %92-14 RESOLUTION AWARDING THE BID FOR A 1992 DIESEL POWER SINGLE AXLE, 31,000 GVW DUMP TRUCK WITH PLOW, WING, DUMP BODY AND SANDER TO BOYER TRUCKS, INC., IN THE AMOUNT OF $68,200.00 The vote was unanimously in favor. Motion carried. 1.5 APPLICATION FOR A TEMPORARY ON-SALE NONINTOXICATING MALT LIOUOR PERMIT - OUR LADY OF THE LAKE SCHOOL - FEBRUARY 8, 1992 MOTION made by Jensen, seconded by Jessen to issue a Temporary On-Sale Nonintoxicating Malt Liquor Permit to Our Lady of the Lake School for February 8, 1992. The vote was unanimously in favor. Motion carried. 1.6 RESOLUTION REQUESTING HENNEPIN COUNTY TO STUDY THE FEASIBILITY OF ALLOWING BOAT TRAILER PARKING FROM THE NORTH ENTRANCE TO MOUND BAY PARK UP TO THE MOUND BAY PARK DEPOT ON THE EAST SIDE OF BARTLETT BLVD The City Manager explained that at a previous meeting the question of allowing boat trailer parking on County Road 110 by Mound Bay Park was brought up and Staff was to explore this option with Hennepin County. The proposed resolution is the first step in exploring this option with Hennepin County. Smith moved and Jensen seconded the following resolution: RESOLUTION #92-15 RESOLUTION REQUESTING HENNEPIN COUNTY TO STUDY THE FEASIBILITY OF ALLOWING BOAT TRAILER PARKING FROM THE NORTH ENTRANCE TO MOUND BAY PARK UP TO THE MOUND BAY PARK DEPOT ON THE EAST SIDE The vote was unanimously in favor. Motion carried. 1.7 RESCHEDULE MARCH 10, 1992t COUNCIL MEETING TO MARCH 11, 1992 MOTION made by JohnsOn, seconded by Jessen to reschedule the Tuesday, March 10, 1992, City Council Meeting to Wednesday, March 11, 1992, at 7:30 P.M. The vote was unanimously in favor. Motion carried. 1.8 RESOLUTION TO APPROVE A GAMBLING PERMIT APPLICATION FOR THE VFW POST #5113 Smith moved and Ahrens seconded the following resolution: RESOLUTION %92-16 15 January 28~ 1992 RESOLUTION TO APPROVE A GAMBLING PERMIT APPLICATION FOR THE VFW POST %5113 The vote was unanimously in favor. Motion carried. 1.9 FINAL PAYMENT REQUEST - TUXEDO BLVD. - ~MH $12,403.99 ASPHALT - The City Manager explained that the City Engineer has recommended this final payment request. MOTION made by Johnson, seconded by Jensen to approve a final payment request from GMHAsphalt, in the amount of $12,403.99, for the Tuxedo Blvd. Reconstruction SAP145-101-07. The vote was unanimously in favor. Motion carried. 1.10 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 $210,968.29, when funds are available. A roll call vote was unanimously in favor. Motion carried. ADD ON ITEMS 1.11 PROCLAMATION - VOLUNTEERS OF AMERICA WEEK The Mayor read the proclamation. Jessen moved and Jensen seconded the following resolution: RESOLUTION %92-17 RESOLUTION PROCLAIMING MARCH 1-8, 1992, AS VOLUNTEERS OF AMERICA WEEK IN THE CITY OF MOUND The vote was unanimously in favor. Motion carried. 1.12 MINNETONKA BASS CLASSIC AT MOUND BAY PARK MOTION made by Ahrens, seconded by Jensen to approve Minnetonka Bass Club,s request to use Mound Bay Park for a weigh-in only site for their Minnetonka Bass Classic on Saturday, June 6, 1992. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Park & Open Space Commission Minutes of January 9, 1992. B. LMCD Mailings. 16 January 28, 1992 Invitation from LMCD to attend the annual "Save the Lake" Banquet, Wednesday, February 19, 1992, at Lord Fletcher's. De REMINDER: Elected Official Seminar sponsored by the League of Minnesota Cities (LMC), Friday, February 7, 1992. E. Planning Commission Minutes of January 13, 1992. F. Economic Development Commission Minutes of January 16, 1992. G. Appointments to 1992 NLC Policy Committees. Councilmember Smith asked that the Staff get a list of required permits, charges and time tables from the L.M.C.D. MOTION made by Smith, seconded by Jessen to adjourn at 8:50 P.M. The vote was unanimously in favor. Motion carried. ~w-ard '~[: Shukle, Jr., City Manager Attest: City Clerk BILLS 'JANUARY 28, 1992 BATCH 2011 BATCH 2012 GMH Asphalt Corp-final payment TOTAL BILLS $ 80,116.27 118,448.03 12,403.99 $ 210,968.29