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1991-06-25111 111 June 25, 1991 MINUTES - MOUND CITY COUNCIL - JUNE 25, 1991 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 25, 1991, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen. Councilmembers Phyllis Jessen and Ken Smith were absent and excused. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Engineer John Cameron, Building Official Jon Sutherland and the following interested citizens: Fred & Norma Asher, Lemuel & Edith Sprow, Marilyn Byrnes, Douglas Johnson, Phil Shepherd, Jennie Prust, Steven Kirshbaum, Diane Rosencrantz, Eleanor Nelson, Duane Leisinger, and Stan Drahos. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. RECYCLOTTO WINNER The Mayor presented $150.00 Westonka Dollars to Diane Rosencrantz, 2672 Wilshire Blvd., the latest winner in the Recyclotto drawing. MOUND CITY DAYS Duane Leisinger, Mound City Days Co-Chair, was present and thanked the City Council, the City Staff (especially the Park and Street Departments), the Police Dept., the Police Reserves and the Fire Department for their help and cooperation during the Mound City Days Celebration. 1.0 MINUTES MOTION made by Jensen, seconded by Ahrens to approve the minutes of the June 11, 1991, Regular Meeting and the Committee of the Whole Meeting of June 18, 1991, with the followlng corrections: June 11, 1991 - page 103, motion read: " .... to direct staff to consider studying the vacation of the alley between Red Oak and Birch Lane.,, Should read: " .... to direct staff to study the vacation of the alley between Red Oak and Birch Lane.,, 112 June 25, 1991 June 18, 1991 - correct last names of Liz Jensen and Phyllis Jessen. June 18, 1991 - addition after first sentence in 4th paragraph to read as follows~ ,'The Council suggested only spending the interest of future bond funds." The vote was unanimously in favor. Motion carried. 1.0 PUBLIC HEARING= DELINQUENT UTILITY BILLS City Manager Ed Shukle explained that the revised amount was $2,698.33. Mayor Johnson opened the Public Hearing regarding delinquent utility bills. There was no one present in the audience who wished to speak on this issue. The Mayor closed the Public Hearing and turned the item back to the Council. Jensen moved and Ahrens seconded the following resolution: RESOLUTION 91-85 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $2,698.33 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE TO THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. 1.1 LETTER FROM TOM CASEY, RE: DOVE LANE. CITY'S SALE OF PROPERTY AT 1721 Mr. Casey was present and asked if there were other properties on the Park & Open Space Commission's inventory list that would be sold. He also asked what would happen to the money that will be received from the sale of the above property. The Council explained the history of the parcel that was sold: 1. The parcel was an undersized lot which had a substandard house. The City took the owner to court and the court gave the City three options: a. Allow the owner to rehab the substandard house; or b. Allow the owner to build a new home on the undersized lot; or c. Purchase the lot from the owner and have the house torn down. The City chose option c. and decided to sell the parcel to an adjoining property owner to be combined with their property. It took from 1985 to 1991 to sell the parcel and recover part of the cost of the purchase price ($9,000). The parcel sold for $8,000 and that money will be returned to the General Fund Balance. 118 113 June 25, 1991 1.2 CASE #91-012: LEMUEL & EDITH SPROW, 5525 BARTLETT BLVD., PART OF LOTS 12 & 13, BARTLETT PLACE, PID #24-117-24 23 0017, VARIANCE - EXISTING NONCONFORMING DETACHED ACCESSORY BUILDING. The Building Official explained the request. The Planning Commission recommended approval. Ahrens moved and Jensen seconded the following resolution: RESOLUTION %91-86 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO RECOGNIZE AN EXISTING NONCONFORMING DETACHED ACCESSORY BUILDING TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION FOR PART OF LOTS 12 & 13, BARTLETT PLACE, PID %24-117-24 23 0017 (5525 BARTLETT BLVD. ) · P & Z CASE %91-012 The vote was unanimously in favor. Motion carried. 1.3 CASE ~91-014: PHIL & CINDY SHEPHERD~ 5162 TUXEDO BLVD.~ LOT 18, WHIPPLE SHORES, PID #24-117-24 43 0070, VARIANCE - LAKESHORE SETBACK & EXISTING NONCONFORMING SIDE YARD SETBACK. The Building Official explained the request. Commission recommended approval. The Planning Jensen moved and Ahrens seconded the following resolution: RESOLUTION %91-87 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO GRANT A VARIANCE FOR AN EXISTING SIDE YARD SETBACK AND TO FURTHER GRANT A LAKESHORE SETBACK VARIANCE TO ALLOW RECONSTRUCTION OF AN EXISTING NONCONFORMING DECK AND THE CONSTRUCTION OF /% NEW CONFORMING ADDITION ON THE WEST SIDE OF THE EXISTING RESIDENCE FOR LOT 16, BLOCK 9, WHIPPLE, PID %24-117-24 43 0070, 5162 BARTLETT BLVD., P & Z CASE %91-014 The vote was unanimously in favor. Motion carried. 1.4 CASE #91-017: DOUGLAS JOHNSON, 1760 SUMACH LANE, LOTS 17 & 20, BLOCK 13, 8HADYWOOD POINT, PID #13-117-24 14 0027, VARIANCE - STREET FRONTAGE & ACCESS WIDTH. 114 114 June 25, 1991 The Building Official explained the request. Commission recommended approval. The Planning Ahrens moved and Jensen seconded the following resolution: RESOLUTION %91-88 RESOLUTION TO APPROVE A STREET FRONTAGE AND ACCESS WIDTH VARIANCE TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION FOR LOTS 17 & 20, BLOCK 13, SHADYWOOD POINT, PID %13-117-24 14 0027, 1760 SUMACH LANE, P & Z CASE %91-017 The vote was unanimously in favor. Motion carried. 1.5 CASE %91-019: STEVE KIRSHBAUM, 4590 DENBIGH ROAD, LOT 6, BLOCK 3, AVALON, PID %19-117-23 31 0006t VARIANCE - LAKESIDE SETBACK & EXISTING NONCONFORMING ACCESSORY BUILDING. The Building Official explained the request. Commission recommended approval. The Planning Jensen moved and Ahrens seconded the following resolution: RESOLUTION %91-89 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE A LAKESIDE SETBACK VARIANCE, A LOT SIZE VARIANCE, AND RECOGNIZE AN EXISTING NONCONFORMING ACCESSORY BUILDING TO ALLOW CONSTRUCTION OF A DECK FOR LOT 6, BLOCK 3, AVALON, PID %19-117-23 31 0006, 4590 DENBIGH ROAD~ P & Z CASE %91-019 The vote was unanimously in favor. Motion carried. 1.6 CASE %91-020= FRED & NORMA ASHERt 2007 LAKESIDE LANE~ LOTS 11 & 12, BLOCK 10, SHADYWOOD POINT PID 117-23 32 0021~ VARIANCE- FRONT YARD SETBACK. The Building Official explained the request. Commission recommended approval. The Planning Ahrens moved and Jensen seconded the following: RESOLUTION %91-90 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE A FRONT YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF AN ADDITION FOR LOTS 11 & 12, BLOCK 10, SHADYWOOD POINT, PID %18-117-23 32 115 115 June 25, 1991 0021, 2007 LAKESIDE LANE, P & Z CASE #9Z-020 The vote was unanimously in favor. Motion carried. 1.7 RESOLUTION TO ADD "NO TRAILER PARKING" SIGNS ON THE SOUTH SIDE OF BARTLETT BLVD., EAST OF COUNTY RD. 110. The City Manager explained that there is a parking problem between the driveway at 5573 Bartlett Blvd. and the driveway at 5661 Bartlett Blvd. where there is blacktop curb. Cars with wide boat trailers are parking in this area and the trailers often times are out onto the roadway. This is creating a hazard and needs to be addressed. The Police Chief has recommended that the Council adopt a resolution that would state the following: "No Trailer Parking" on the south side of Bartlett Blvd., east of County Road 110, from the driveway at 5573 Bartlett Blvd. to the driveway at 5661 Bartlett Blvd. where there is a blacktop curb. Johnson moved and Jensen seconded the following resolution: RESOLUTION #91-91 RESOLUTION DESIGNATING "NO TRAILER PARKING" ON PART OF BARTLETT BLVD. The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.8 RECOMMENDATION FOR APPOINTMENT OF PARK & OPEN SPACE COMMISSION TO FILL UNEXPIRED TERM OF NEIL WEBER. The City Manager explained that 2 people were interviewed to fill the unexpired term of Neil Weber that runs to 12/31/93. They were Joy Eischeid and Del Rudolph. The Park Commission recommended that the Council appoint Joy Eischeid because Del Rudolph would be absent from at least three meetings during the winter when he goes south. Ahrens moved and Jensen seconded the following resolution: RESOLUTION #91-92 RESOLUTION APPOINTING JOY EISCHEID TO THE PARK AND OPEN SPACE COMMISSION TO FILL THE UNEXPIRED TERM OF NEIL WEBER (TERM EXPIRES 12/31/93) The vote was unanimously in favor. Motion carried. 116 June 25, 1991 1.9 APPROVAL OF AN ORDINANCE ADDING SECTION 491 TO THE CITY CODE RELATING TO THE COLLECTION OF RECYCL~BLE HATERIAL. The city Clerk explained that this ordinance was prepared because Hennepin County is requiring it to continue to fund recycling in the City of Mound. It requires owners of multiple-family dwelling units and owners and occupants of commercial, industrial and institutional property within the City of Mound to provide separations and collection of recyclable materials. Ahrens moved and Jensen seconded the following: ORDINANCE #48-1991 AN ORDINANCE ADDING SECTION 491 TO THE CITY CODE RELATING TO THE COLLECTION OF RECYCLABLE N~TERIAL The vote was unanimously in favor. Motion carried. APPROVAL FOR THE REPEAL OF SECTION S00:10, SUBD. 6, OF THE CITY CODE RELATING TO SURETY BOND FOR LIQUOR LICENSES. This item was withdrawn from the agenda. 1.10 APPROV&L ON THE PRINTING OF ISLAND PARK GARAGE. The Council discussed the three quotes that were received. MOTION made by Johnson, seconded by Ahrens to have the staff contact Painters Plus and make sure that Option 3 of that quotation includes the doors and trim with proper surface preparation, a primer coat and a coat that is sprayed and back rolled. The vote was unanimously in favor. Motion carried. 1.11 APPROVAL OF EXTENSION OF OPTION CONTRACT WITH ANTHONYWS FLORAL. DISCUSSION: SOIL SANPLES/ENVIRONMENTAL ASSESSMENT - ANTHONYeS FLORAL PROPERTY. The City Manager stated that a 60 Day Option had been agreed to for Anthony's Floral property. That option needed to be exercised by June 24th. The City was having soil borings done, water sampling and an environmental assessment and those reports were not available until late last week before this Council meeting. The City Manager went to Mr. VanDerSteeg on Thursday, June 20th and asked for an 30 day extension of the Option Agreement. Mr. VanDerSteeg agreed verbally. An extension was taken to the VanDerSteegs on Monday, June 24th and they were to deliver it to the city on Tuesday, June 25th. At a meeting earlier this evening, Mrs. VanDerSteeg did not want to sign the 117 117 June 24, 1991 extension. They wanted to get another appraisal to make sure they are getting a fair price. The city and the VanDerSteegs agreed on the original appraiser and each paid half for that appraisal which came in at $70,000 less soil corrections. The City offered the VanDerSteegs $71,000, plus paying the 2nd half taxes for 1991 and special assessment. The City Attorney reminded the VanDerSteegs that when the City Council allowed them to fill the area there was a deed restriction put on the property that it is not a buildable site and no one can apply for a building permit. The Engineer stated that the cost of improvements to develop the site would be substantial. The City Engineer reviewed the soil report, water sampling report and the Phase 1 environmental assessment all of which indicate that the site is alright to use for the stockpile of materials. He revised his original estimate to prepare the site for the use based on the soil report from $142,000 to $160,500. The City Attorney also pointed out that the City needs to work with Huber regarding the easement to go around Tony's building. MOTION made by Ahrens, seconded by Jensen to authorize the Mayor and City Manager to exercise the option based on the original terms and based upon the oral agreement of Mr. VanDerSteeg. The vote was unanimously in favor. Motion carried. The City Attorney stated a letter will be sent to the VanDerSteegs asking that they respond on or before July 9th. 1.12 LICENSE APPROVAL. MOTION made by Johnson, seconded by Jensen to issue a public dance permit and a temporary on-sale nonintoxicating malt liquor permit to Our Lady of the Lake for the Incredible Festival July 27 and 28 contingent upon all required forms, insurance, and approvals being obtained. The vote was unanimously in favor. Motion carried. 1.13 APPLICATION FOR PORTABLE SIGN Our Lady of the Lake has applied for a permit for 6 portable signs and 1 banner advertising the Incredible Festival. They 118 118 June 25, 1991 would be up from June 26 thru July 30, at the following locations: 1. 2. 3. 4. 5. 6. 7. 1991 and would be placed Depot. Railroad tracks across from Ben Franklin. 3 Points (Old Gas Station). Our Lady of the Lake Convent North wall of Our Lady of the Lake church. Super America station. Banner over County Road 110 in The Highlands. MOTION made by &hrens, seconded by Jensen to approve the portable sign application of Our Lady of the Lake as requested. The vote was unanimously in favor. Motion carried. 1.14 PAYMENT OF BILLS MOTION made by Jensen, seconded by Ahrens to authorize the payment of bills as presented on the pre-list in the amount of $196,779.01, when funds are available. & roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS Financial report for May 1991, as prepared by John Norman, Finance Director. B. Planning Commission Minutes of June 10, 1991. C. Park & Open Space Commission Minutes of June 13, 1991. Do LMCD response dated June 18, 1991, to the City of Tonka Bay questions on Proposed 1991 Budget. REMINDER: July 16, 1991, C.O.W. meeting will be devoted to discussing the EDC's recommendation on a theme for downtown Mound. Highway 12 forecasts from the City of Long Lake which may be of interest to you. Ge Planning Commission video of Proposed Rental Housing Ordinance Public Hearing on June 24, 1991, which will be aired on Monday, July 8, 1991, at 7 P.M. MOTION made by Ahrens, seconded by Jensen to adjourn at 9:25 P.M. The vote was unanimously in favor. Motio~ carried~ Francehe-C. Clark, CMC ~aZrd J."Shu~le, ~r.,V~f~/Man~er City Clerk t BILLS ........ JUNE 25, 1991 BATCH 1061 117,704.73 BATCH 1062 78,299.28 John Norman Conference expenses-Denver 775.00 TOTAL BILLS 196,779.01