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1992-02-1117 17 February 11, 1992 MINUTES - MOUND CITY COUNCIL - FEBRUARY 11, 1992 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, February 11, 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 Curt Pearson, Building Official Jon Sutherland, Street Superintendent Geno Hoff, Water & Sewer Superintendent Greg Skinner, Park Director Jim Fackler and the following interested citizens: Dennis Zylla, Jeff Spartz, Fred Gustin, Maryann Campo, Dee Carrow, Darlene & Richard Sollie. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Jessen, seconded by Jensen to approve the Minutes of the January 28, 1992, as submitted. The vote was unanimously in favor. Motion carried. 1.1 1991 DEPARTMENT HEAD ANNUAL REPORTS The following Department Heads presented their annual reports to the City Council: Street Superintendent Geno Hoff; Water & Sewer Superintendent Greg Skinner; and Park Director Jim Fackler. 1.2 CASE #91-057: DENNIS ZYLL~, (REPRESENTING JAMES & JOSEPHINE SHARP) 4925 GLEN ELYN ROAD, LOT 22, BLOCK 24, SHADYWOOD POINT, PID #13-117-24 11 0097, VARIANCE TO CREATE A BUILDABLE LOT The City Manager reviewed the December 10, 1992, City Council Minutes. Mr. Dennis Zylla stated he has no intention of asking for variances for this lot. The lot is a platted lot of record; has been assessed for improvements; and is stubbed for sewer. He then showed the survey of the property with a 28' x 36' spot drawn on the survey representing a dwelling. He stated it would have a 30' front yard setback, sideyard setback of 6' to the garage and 10' house, rearyard setback would be 15', and it would be 20% lot coverage. Mr. Zylla stated that he does not agree that a specific building plan is essential to this application. He asked that the Council advise him that if he does come in and submit a building plan that 18 February 11, 1992 meets setbacks that they will be granted a building permit under a normal building permit review process. Darlene Sollie, 4936 Glen Elyn Road, read a letter submitted by Bill Carrow, 4929 Glen Elyn Road. Mr. Carrow was out of town and could not attend this meeting. The City Attorney advised that the Council should have something specifically in front of them before responding. No building plan was submitted. He further stated that the parcel in questions was purchased in 1960 as a tax forfeit parcel and when anyone buys, they have the responsibility to check the zoning and planning laws of the community in which they are buying so that they can meet the standards. He further stated that the Assessor at that time, Helen Newell, wrote to the Sharps in California and called to their attention that they had purchased a lot which required 10,000 square feet for a building site and the lot only had approximately 5,000 square feet. She also said in that letter, "Single lots where adjacent lots were under other ownership were also charged one unit with the understanding that in these cases an application for a building permit would be considered by the Board of Zoning Appeals provided all other requirements were met." So the Sharps have been on notice for 26 years that if they wanted to bring in a request for a building permit, the Planning Commission and City Council would consider itc He stated what the Sharps are being told is not any different than what they were told in 1965. The Mayor stated that this was denied previously in 1987. MOTION made by Johnson, seconded by Jessen directing Staff to prepare a resolution of denial because the application before the Council tonight is insufficient in detail or data for the council to make a consideration as to whether a variance for a house on that particular parcel should or should not be granted. The vote was unanimously in favor. Motion carried. 1.3 PRESENTATION BY MUNICIPAL SERVICE CORPORATION Fred Gustin, Senior Project Engineer with USPCI, explained to the Council that Hennepin County proposes to pave a 500 - 600 foot section of Pioneer Trail west of County Highway 19 and east of the Corcoran city limits using a synthetic aggregate produced by Municipal Services Corporation, a subsidiary of USPCI and the Union Pacific Corporation. The aggregate, called "TAP" is made using the combined ash from Hennepin County's HERC Waste-to-Energy Facility as the principal ingredient. They are looking for support from various cities when this proposal comes before the Hennepin County Board on March 13. The Council asked that this item be discussed further at the next Committee of the Whole Meeting. 19 February 11, 1992 1.4 APPOINTMENT OF ASSISTANT WEED INSPECTOR Johnson moved and Jensen seconded the following resolution: RESOLUTION %92-18 RESOLUTION APPOINTING JIM FACKLER ASSISTANT WEED INSPECTOR FOR 1992 The vote was unanimously in favor. Motion carried. 1.5 SET DATE FOR ANNUAL BOARD OF REVIEW. MOTION made by Johnson, seconded by Ahrens to set Tuesday, May 12, 1992, at ?:00 P.M. for the Local Board of Review. The vote was unanimously in favor. Motion oarried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.6 DISCUSSION: PRESIDENTIAL PRIMARY - SHOULD THE CITY OF MOUND USE ONLY ONE POLLING PLACE FOR THE PRESIDENTIAL PRIMARY? The city Clerk explained that the City of Mound could save $500- $600 in election judge salaries, plus staff time to set up the 6 polling locations if it uses one polling place for all six precincts. The suggestion is to use City Hall as the only polling place during the April 7 Presidential Primary. Ahrens moved and Jensen seconded the following resolution: RESOLUTION %92-19 RESOLUTION DESIGNATING CITY HALL AS THE ONLY POLLING PLACE FOR ALL SIX PRECINCTS FOR THE APRIL ?, 1992, PRESIDENTIAL PRIMARY The vote was unanimously in favor. Motion carried. 1.7 APPROVAL TO ADVERTISE FOR BIDS FOR 1992 LIFT STATION IMPROVEMENT PROJECT Motion made by Jensen, seconded by Smith authorize advertising for bids for the 1992 Lift Station Improvement Project, setting March 6, 1992, at 11:00 A.M. for the bid opening. The vote was unanimously in favor. Motion carried. 1.8 LICENSE RENEWALS The following licenses are up for renewal: 20 February 11, 1992 Garbage Disposal - expires 2/29/92 Blackowiak & Son Nitti Disposal, Inc. Randy's Sanitation Westonka Sanitation Woodlake Sanitary Service, Inc. Cigarette - expires 2/29/92 A1 & Alma's American Legion #398 Ben Franklin Brickley's Market Jubilee Foods Meyer's Service Mound Municipal Liquor PDQ Food Store #0292 R & R Bait Shop SuperAmerica #4194 Thrifty White Drug #704 VFW Post #5113 Public Dance Permit Westonka Senior Class Parents (Fund raising dance for the Senior Class Party at the VFW to be held March 14, 1992, from 8:00 P.M. to 12:00 P.M. THEY HAVE ASKED THAT THE FEE OF $25.00 be WAIVED. MOTION made by Ahrens, seconded by Smith to authorize issuance of the above listed licenses and the Public Dance Permit for the Westonka Senior Class Parents, contingent upon all required forms, insurance, etc. being submitted. The Council waives the fee for the Public Dance Permit. The vote was unanimously in favor. Motion carried. 1.9 GAMBLING PERMIT APPLICATION - AMERICAN LEGION Johnson moved and Jensen seconded the following resolution: RESOLUTION #92-20 RESOLUTION APPROVING A GAMBLING PERMIT APPLICATION FROM THE AMERICANLEGION POST %398 The vote was unanimously in favor. Motion carried. 1.10 PAYMENT OF BILLS MOTION made by Johnson, seconded by Smith to authorize the paI~nent of bills as presented on the pre-list in the amount of $272,967.84, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Department Head Monthly Reports for January 1992. B. LMCD Representative's January 1992, Monthly Report. D. E. F. Ge He 21 February 11~ 1992 LMCD Mailings. Clarification re: Lakewinds Dock Application with LMCD. Planning Commission Minutes of January 27, 1992. We applied to WCCO Radio to nominate Cathy Bailey for the WCCO Radio "Good Neighbor" Award. We were selected and City's selection will be broadcast on WCCO, Thursday, February 13, 1992 at 7:55 A.M. A special presentation will be made to Cathy at the Parks & Open Space Commission Meeting that evening. We will be presenting a plaque and a tape of the WCCO broadcast. Cathy has been notified about this award and the presentation. We have received another application for the Parks & Open Space commission (POSC) vacancy. Enclosed is the letter of application and resume. An interview will be held at 7:00 P.M., February 13, 1992, before the POSC Meeting begins. Please attend if you can. Then you can also be present for the special presentation to Cathy Bailey. Attached is a memo from the LMCD re: LMCD Lake Access Task Force. The first meeting, which is introductory, is scheduled for Wednesday, March 11, 1992, at the City of Minnetonka. Please note that this meeting conflicts with the rescheduled Council Meeting. I asked Mark Koegler to attend on our behalf. He has indicated he will attend. This will probably be the first of many meetings of this task force. I will keep you posted as to the schedule and will provide pertinent materials to you. MOTION made by Smith, seconded by Ahrens to adjourn at 9:20 P.M. The vote was unanimously in favor. Motion carried. t~dw~d J. Shu?le-, Jr., City Manager Attest ~ City Clerk BILLS .FEBRUARY 11, 1992 BATCH 2013 $162,404.82 BATCH 2014 110,563.02 TOTAL BILLS $272,967.84