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1992-10-27October 27, 1992 MINUTES - MOUND CITY COUNCIL - OCTOBER 27, 1992 The City Council of Mound, Hennepin County, Minnesota, regular session on Tuesday, October 27, 1992, in the Chambers at 5341 Maywood Road, in said City. met in Council 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, City Planner Mark Koegler, City Engineer John Cameron and the following interested citizens: Diane Beimert, Dorothy & Bill Netka, Mike and Deanne Ronald, Christine & Phil Hahn, Michael Bennett, Ron Bostrom, Annette & John Flaherty. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made Jessen and seconded by Jensen to approve the Minutes of the October 13, 1992, Regular Meeting and the October 20, 1992, Committee of the Whole Minutes, as submitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARINGS 1.1 CBD PARKING MAINTENANCE ASSESSMENT The City Manager explained that this assessment is charged to businesses in the Central Business District (CBD) Parking Program for parking lot maintenance, snow plowing, striping, etc. He further stated that he has received a letter from Curt Johnson objecting to his assessment because he feels his spaces provided should be 4 and requires spaces 10. This adjustment will be made which will reduce his assessment approximately $185. The Mayor opened the public hearing. BILL NETKA, 2313 Commerce Blvd. was present questioning the differences between the parking lot acquisition assessment and this assessment with regard to the following: 1. customer parking required; 2. employee parking required; 3. spaces provided; and 4. front footage. The City Manager explained that the differences in numbers 1, 2 & 3 is because in the acquisition assessment no one was given credit 215 216 October 27, 1992 for any leases the city has with certain business owners because that would have given them credit twice. He stated he would have to check with John Norman about the front footage differences. The Mayor closed the public hearing. The Council discussed having the CBD Committee make sure that the 4 items above reflect the correct numbers for the businesses that will be assessed in the 1993 assessment roll. Jensen moved and Smith seconded the following resolution: RESOLUTION %92-138 RESOLUTION ADOPTING CBD PARKING MAINTENANCE~SSESSMENTROLL IN THE AMOUNT OF $24,494.26 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %12604 The above reflects the change in Mr. Johnson's assessment. The vote was unanimously in favor. Motion carried. 1.2 DELINQUENT UTILITY BILLS ABBEBBMENT The City Manager reported that the total amount of the assessment is now at $42,237.28. The Mayor opened the public hearing: Michael Bennett, 2973 Hazelwood Lane, stated he would like to have his usage checked into because he was charged for 105,000 gallons of water when there were only a few days that his family was at home. He asked to be allowed to pay $200.00 tonight and wait for a determination. Diane Beimert, 5125 Drummond Road, stated that part of this bill belongs to the past owner. She then stated she has not closed on the property yet and hopes to have this cleared up with the previous owner before this goes to the taxes. The Council asked that these two bills be continued to the next meeting. The Mayor closed the public hearing. Smith moved and Jessen seconded the following resolution: RESOLUTION %92-139 RESOLUTION ADOPTING DELINQUENT WATER AND SEWER ASSESSMENT ROLL IN THE AMOUNT OF $43,105.25 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %12602 216 October 27, 1992 The vote was unanimously in favor. Motion carried. 1.3 UNPAID TREE REMOVAL ASSESSMENT The Mayor opened the public hearing. There were no comments. The Mayor closed the public hearing. Smith moved and Ahrens seconded the following resolution: RESOLUTION %92-140 RESOLUTION ADOPTING UNPAID TREE REMOVAL ASSESSMENT ROLL IN THE AMOUNT OF $360.00 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST, LEVY %12603 The vote was unanimously in favor. Motion carried. 1.4 CASE %92-059: MICHAEL RONALD, 4853 BARTLETT BLVD., LOT 4, BLOCK 1, BETON VIER, PID ~13-117-24 44 0098, VARIAMCE FOR A FENCE The Planner explained the request. The Planning Commission recommended approval. Councilmember Jensen stated that she thought when this subdivision was done it was that no future variances would be granted. The Planner stated he does not have the subdivision file with him to verify this. The City Attorney stated that the following language could be added to the whereas: "Whereas, this property was subdivided with a provision that property variances were not necessary and in this case the owner is not asking for setback or property related variances but rather is seeking a fence height variance; and Whereas, the City Council is concerned that the City not establish a precedent and feels that the fence height difference in this case is not offensive because of topographic conditions and the location of other homes that are not offended and it takes into account that the requested location is on flat ground." The applicant was present. Ahrens moved and Smith seconded the following resolution: RESOLUTION %92-141 RESOLUTION TO APPROVE A FENCE HEIGHT VARIANCE AT 4853 BARTLETT BLVD., LOT 4, BLOCK 1, BETON VIEW, PID %13-117-24 44 0098, P & Z CASE %92-059, AS AMENDED The vote was unanimously in favor. Motion carried. 217 218 October 27, 1992 COMMENTS & SUGGESTION8 FROM CITIZENS PRESENT There were none. 1.5 CA$~ 91-040 & 9~-058: RESOLUTION TOAPPROVE AN I%MENDMENT TO RESOLUTION %91-123 AUTHORIZING A CONDITIONAL USE PERMIT FOR THE ESTABLISIIMENT OF A TEEN CLUB AT 2313 COMMERCE BLVD., PID ~14-~17-24 44 0042, AS AMBNDBD The City Manager explained that this item was continued to this meeting so the resolution could be prepared for consideration. Dorothy Netka questioned items 16, 19 & 20 in the resolution. The Planner stated these are standard items that go into every conditional use permit. Smith moved and Jessen seconded the following resolution: RESOLUTION %92-142 RESOLUTION TO APPROVE AN AMENDMENT TO RESOLUTION %91-123 AUTHORIZING A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF A TEEN CLUB AT 2313 COMMERCE BLVD., PID %14-117-24 44 0042, P & Z CASE %91-040 & 92-058, AB AMENDED The vote was unanimously in favor. Motion carried. 1.9 APPROVAL OF GARDEN LEASE FOR LEO E BEVERLY WALLIS The City Manager explained this is a renewal lease. MOTION made by Johnson, seconded by Jessen to authorize the Mayor and City Manager to execute a garden lease for Leo & Beverly Wallis for Lots 1, 2, 3 & 22, Block 5, Dreamwood. The vote was unanimously in favor. Motion carried. 1.10 REQUEST TO BE HEARD FROM MR. E MRS. PHILIP HAHN, 2273 COTTONWOOD LANE - RE: POSSIBLE STORM SEWER IMPROVEMENT The City Manager stated that he has explained to the Hahns the petition procedure for a storm sewer improvement. Mrs. Hahn was present and stated that they would like more information, i.e. cost estimates, assessments, etc. before they contact their neighbors about signing the petition. The City Engineer stated that would probably cost between $500 and $800. There was considerable discussion on the elevations of the pipe, Lake Langdon, the ditch, the Bostrom property and what was done there. The Council asked that the City Engineer do a profile of the area, 218 219 October 27, 1992 get preliminary cost estimates and several alternatives that could help with the ditch on the Hahn's property. This will be brought back to the Council the first meeting in December. 1.11 REOUEST TO BE REMOVED FROM CED PARKING MAINTENANCE PROGRAM - PETER JOHNSON AND JIM DICKINSON, OWNERS OF THE LAW OFFICE PROPERTY AT 2305 COMMERCE BLVD. The City Manager explained that there is no lease on the parking lot at 2305 Commerce Blvd. and the owners of the law office have asked to be removed from the CED Parking Maintenance Program. They have 17 parking spaces and need only 9 according to the zoning code. This is similar to the Meisel property removal. MOTION made by Smith, seconded by Ahrens to remove 2305 COmmerCe Blvd. (PID %14-117-24 44 0041) from the CED Parking Maintenance Program as of July 1, 1992. The City Manager is to inform the owners that they will be responsible for having snow hauled away and not push into the public part of the lot. The vote was unanlmously in favor. Motion carried. Mrs. Flaherty asked if they would be considered responsible for making sure no one from their teen club parks in this lot. The City Attorney stated that that would be a private matter and that the Law Firm could post their parking lot as private. 1.12 REQUEST TO BE REMOVED FROM CED PARKING PROGRB-M - THOMAS B. CARL - RE~ POST OFFICE PROPERTY The city Manager reported that the owner of the Post Office property has asked to be removed from the CED Parking Maintenance Program. There was considerable discussion on this because of the amount of traffic that is generated by the Post Office. The Planner stated that this is one of those unclassified areas of the zoning ordinance. He stated there should be some information out there on standards used in other areas where Post Offices have been recently built, i.e. Eden Prairie. The Staff will check into this and bring it back to the Council at the next meeting. 1.13 DISCUSSION: LMCD MULTIPLE DOCK LICENSE The Council discussed the WSU (watercraft storage unit) charge. They felt that Mound's municipal docks should be separated from the private marinas in the way the LMCD charges their WSU fees because the L.M.C.D. does not have to monitor our program since we have our own Dock Inspector. The fees they charge are more than the time they spend monitoring our program. The Council also supports a boat launch fee on Lake Minnetonka. The City Manager will convey these feelings to the L.M.C.D. 219 220 October 27, 1992 1.14 RESOLUTION APPOINTING MEMBER~ TO SERV~ ON ~ TASK FORCE TO IDENTIFY COMMONS AREAS ~ THEIR USES The City Manager presented the proposed resolution to appoint the following persons to this Task Force: Keith A. Foerster, 4645 Island View Drive Jim Kuehn, 4633 Island View Drive Ramona Mueller, 5910 Ridgewood Road Mike Mason, 4909 Island View Drive John Gabos, 4687 Island View Drive Jim Walters, 1601 Bluebird Lane Sandy Effertz, 4757 Island View Drive Councilmember Ken Smith, Chairperson The Council discussed the proposed resolution and decided to delete any references to "Commons uses" and replace it with "users responsibilities" because this was what was discussed at the COW meeting. Jessen moved and Smith seconded the following amended resolution: RESOLUTION %92-143 RESOLUTION APPOINTING MEMBERS TO SERVE ON A TASK FORCE TO IDENTIFY COMMONS AREAS AND USER RESPONSIBILITY The vote was unanimously in favor. Motion carried. 1.15 PAYMENT OF BILLB MOTION made by Jensen, seconded by Jessen to authorize the payment of bills as presented on the pro-list in the amount of $84,040.46, when funds are available. & roll call vote was unanimously in favor. Motion carried. ~DD-ONS 1.16 SET PUBLIC HEARING DATE MOTION made by Jess.n, seconded by Johnson to set November 24, 1992, for a public hearing to consider the issuance of a conditional use permit for a wholesale and assembly operation in the I-1 Industrial Zoning District consisting of design and manufacturing of artwear and jewelry by P. Heck Designs at 5571 Lynwood Blvd., Mound. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELL~_NEOUS Financial Report for September 1992, as prepared by Fran Clark, City Clerk. 220 221 Ce De Ee Fe Ge October 27, 1992 Letter from Hennepin Conservation District information on the election of Supervisors. providing Association of Metropolitan Municipalities (AMM) policies that will be considered at the 10/29/92 AMM Board Meeting. Invitation to attend "Business Leaders Day" and tour of Westonka Schools, Wednesday, October 28, 1992. R~MI1qDBR~ Annual City of Mound Christmas Party is scheduled for Friday, December 18, 1992, Mound American Legion. R~MIlqDER: League of Women Voters Candidate's Forum, Monday, October 26, 1992, 6:30 P.M., Mound City Hall for local candidates in Spring Park, Minnetrista and Mound. This forum will be televised on cable T.V. and will be played back on Channel 20 later next week. Planning Commission Minutes of October 12, 1992. Park & Open Space Commission Minutes of October 8, 1992. The City Manager stated that Officer Todd Limond has resigned to take a position with the City of Minnetonka. MOTION made by Jessen, seoonded by Jensen to adjourn at ~0.45 P.M. The vote was unanimously in favor. Motion carried. Attest: City Clerk 221 BILLS October 27, 1992 BATCH 2102 $84,040.46 TOTAL BILLS $84,040.46