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1993-07-13195 July 13, 1993 MINUTES - MOUND CITY COUNCIL - JULY 13v 1993 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 13, 1993, in the Council Chambers at 5341 Maywood Road, in said city. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and Phyllis Jessen. Councilmember Ken Smith was absent and excused. Councilmember Smith arrived at 8:35. P.M. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Planner Mark Koegler, Building Official Jon Sutherland and the following interested citizens: Joanne Matzen, Pam Koring, Justine Guyot-Goode, Duane Norberg, Joyce & Marvin Nelson, Duane Leisinger and Mark Jorland. 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 Johnson to approve the Minutes of the June 22, 1993, as submitted. The vote was unanimously in favor. Motion carried. 1.1 PRESENTATION OF BRUCE MILLER CANVASBACK PRINT BY THE NORTHWEST TONKA LIONS Mark Jorland and Duane Leisinger, representing the Northwest Tonka Lions presented a print of Bruce Miller's Canvassbacks, the 1993 Duck Stamp Winner, to the City Council and the Citizens of Mound. The Council thanked the Lions for their participation and the gift. 1.2 REQUEST TO REMOVE NO PARKING RESTRICTIONS ON THE SOUTH SIDE OF ALDER ROAD, FROM THE INTERSECTION OF COMMERCE BLVD. WEST APPROXIMATELY 300 FEET, MOUND EVANGELICAL FREE CHURCH The City Manager introduced Mr. Duane Norberg, Trustee, for the Mound Evangelical Free Church. He stated that they need the extra parking mostly on Sunday mornings and Wednesday evenings. He has contacted the Police Chief and he has no problem with removing the no parking on the South side of Alder Road. Jensen moved and Ahrens seconded the following resolution: RESOLUTION %93-89 RESOLUTION TO REMOVE THE NO PARKING RESTRICTION ON THE SOUTH SIDE OF ALDER ROAD FROM THE INTERSECTION OF COMMERCE BLVD. WEST APPROXIMATELY 300 FEET 195 196 July 13, 1993 The vote was unanimously in favor. Motion carried· 1.3 PUBLIC HEARING: CASE NO. 93-023: PRELIMINARY PLAT F O R BALBOA ADDITION, DAKOTA P.~IL, INC. NORTH OF EXISTING BALBOA BUILDING EAST OF FAIRVIEWLANEANDSOUTH OF LYNWOOD BLVD. PID ~13-117-24 34 0068 & 0077 A-ND 13-117-24 43 0144 The City Planner explained the case. The staff recommendation was approval subject to the following conditions: Payment of park dedication fees shall be required in accordance with Section 330:120 of the Mound Code of Ordinances. Newly created Parcels 1 and 2 shall be combined for tax purposes, with existing parcel 76. The Owner-Applicant shall provide the City with title insurance for all easements and rights-of-way that are to be dedicated to the City of Mound. He stated that the Council can approve the preliminary plat with these conditions and have the Park Dedication Fee clarified before the final plat is approved. The Mayor opened the public hearing. Joanne Matzen, Attorney representing Welsh Companies, stated they agree with the conditions except for the park dedication fee requirement. She stated that this is not a typical platting. There will not be further development and it does not cause additional burdens on the community. She requested that the Council delete the Park Dedication requirement in this platting. The City Attorney stated that Park Dedication fees are required of every new plat. He stated that he has discussed this with Ms. Matzen and because they are paying an inflated amount for the property the park dedication fee could be less than $22,000.00. The City Attorney suggested that the Council can approve the preliminary plat this evening and he and the Staff will continue to negotiate on the park dedication fee before final plat approval on August 10. Ms. Matzen stated that timing is very important because the closing on the property is set for August 16 and the property is in receivership and any extra costs need to be approved by the court prior to closing. The Mayor closed the public hearing. 196 197 July 13, 1993 The Council indicated they would like the City Attorney to continue to negotiate with Ms. Matzen and Mr. Hart about the Park Dedication Fee and bring it to their Committee of the Whole Meeting next Tuesday for discussion. This could then be acted upon on the next City Council Meeting, July 27. Johnson moved and Jessen seconded the following resolution: RESOLUTION %93-90 RESOLUTION TO APPROVE A PRELIMINARY PLAT FOR "BALBOA ADDITION" INVOLVING LANDS OWNED BY DAKOTA RAIL, INC. LOCATED NORTH OF THE BALBOA BUILDING AT 5300 SHORELINE DRIVE Councilmember Jensen asked that #la. in the proposed resolution be changed to read as follows: "Park dedication fees shall be required in accordance with Section 330:120 of the Mound Code of Ordinances." The Council agreed. The vote was unanimously in favor. Motion carried. 1.4 CASE NO. 93-028: REQUEST FOR VARIANCE FOR A DECK, PAMELA KORING, 1701 AVOCET LANE, LOTS 1, 2, 3 BLOCK 8, DREAMWOOD, PID ~13-117-24 21 0021 The Building Official explained the request. The Planning Commission recommended approval. Ms. Koring was present and agreed with the proposed resolution. Jessen moved and Ahrens seconded the following resolution: RESOLUTION %93-91 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING PRINCIPAL STRUCTURE SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING DECK AT 1701 AVOCET LANE, PART OF LOTS 1, 2 AND 3, BLOCK 8, DREAMWOOD, PID %13-117-24 21 0021, P & Z CASE %93-028 The vote was unanimously in favor. Motion carried. 1.5 CASE NO. 93-029: REQUEST FOR FENCE VARIANCE, DR. DONALD SWEEN, 2028 ARBOR LANE, LOT 6, SUBD. OF LOTS i & 32, S & c RAVENSWOODt PID ~13-117-24 41 0035 The Building Official explained the request. The Commission recommended approval on a 7-1 vote. Ms. present and agreed with the proposed resolution. Planning Sween was 197 198 July 13, 1993 Jensen moved and Ahrens seconded the following resolution: RESOLUTION %93-92 RESOLUTION TO APPROVE A FENCE HEIGHT VARIANCE FOR 2028 ~U%~OR LANE, lOT 6, SUBDIVISION OF LOTS 1 AND 32, SKARP & LINDQUIST'SRAVENSWOOD, PID %13-117-24 41 0035; P & Z CASE %93-029 The vote was unanimously in favor. Motion carried. 1.6 CASE NO. 93-035 REQUEST FOR VARIANCE FOR A GARAGE, MARVIN NELSON, 2025 SHOREWOOD LANE, lOTS 5 & 6, BLOCK 8, 8HADYWOOD POINT. PID #13-117-23 32 0012 The Building Official explained the request. Commission recommended approval. The Planning Jensen moved and Jessen seconded the following resolution: RESOLUTION %93-93 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING NONCONFORMING FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING DETACHED GARAGE AT 2025 SHOREWOOD LANE, LOTS 5 & 6, BLOCK 8, SHAD%WOOD POINT; PID %18-117-23 32 0012; P & Z CASE %93-035 Councilmember Jensen asked that the following be added to the proposed resolution: "7. Removal of existing shed." The Council agreed and so did the applicant. The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.7 APPROVAL OF A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING BONDS OF THE $3,100,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1979 ISSUE The City Manager advised that there is currently sufficient money in the General Obligation Improvement Bond Fund of 1979 to pay the balance due on these bonds. Ahrens moved and Johnson seconded the following resolution: 198 199 RESOLUTION %93-94 July 13, 1993 RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING BONDS OF THE $3,100,000 GENEP, AL OBLIGATION IMPROVEMENT BONDS OF 1979 ISSUE The vote was unanimously in favor. Motion carried. 1.8 APPROVAL OF A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING BONDS OF THE $300,000 GENERAL OBLIGATION IMPROVeMeNT BONDS OF 1982 ISSUE The City Manager advised that there is currently sufficient money in the General Obligation Improvement Bond Fund of 1982 to pay the balance due on these bonds. Jensen moved and Ahrens seconded the following resolution: RESOLUTION %93-95 RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING BONDS OF THE $300,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1982 ISSUE The vote was unanimously in favor. Motion carried. 1.9 SET PUBLIC HEARING TO CONSIDER A FINAL PLAT REQUEST FOR THE PROPOSED "BALBOA ADDITION" BY DAKOTA RAIL, INC., INVOLVING LANDS NORTH OF THE BALBOA BUILDING AT 5300 SHORELINE DRIVE, AUGUST 10, 1993, 7:30 PM MOTION made by Ahrens, seconded by Jessen to set August 10, 1993, for a public hearing to consider a final plat request for the proposed "Balboa Addition,, by Dakota Rail, Inc., involving lands north of the Balboa Building at 5300 Shoreline Drive. The vote was unanimously in favor. Motion carried. 1.10 RESOLUTION APPROVING MEMORANDUM OF AGREEMENT FOR ~TROPOLITAN COUNCIL TO PROVIDE TECHNICAL ASSISTANCE IN PROGRAM REVIEW/ANALYSIS TO LAKE MINNETONKA AREA CITIER The Mayor explained that this is a way for the lake communities to study ways to cooperatively deliver services. Councilmember Jensen stated this agreement will allow the Met Council staff to gather data and crunch numbers. The Council will be updated as the study continues. Jensen moved and Jessen seconded the following resolution: 199 200 July 13, 1993 RESOLUTION #93-96 RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT FOR METROPOLITAN COUNCIL TO PROVIDE TECHNICAL ASSISTANCE AND PROGI~a_M REVIEW/ANALYSIS TO LAKE MINNETONK~ AItEA CITIES The vote was unanimously in favor. Motion carried. 1.11 APPROVAL OF PUBLIC DANCE PERMIT ~ TEMPORARY ON-SALE NONINTOXICATING MALT LIOUOR PERMIT FOR INCREDIBLE FESTIVAL, OUR LADY OF THE LAKE CHURCH MOTION made by Ahrens, seconded by Jensen to approve a Public Dance Permit and a Temporary On-Sale Nonintoxicating Malt Liquor Permit for the Incredible festlval, Our Lady of the Lake Church. The vote was unanimously in favor. Motion carried. 1.12 1992 LIFT STATION IMPROVEMENTS - REQUEST FOR FINAL PAYMENT IN THE AMOUNT OF $3,861.51 MOTION made by Jensen, seconded by Ahrens to approve Payment Request #5 from Gridor Construction, Inc., for the 1992 Lift Station Improvement Project in the amount of $$,S61.51. The vote was unanimously in favor. Motion carried. 1.17 PAYMENT OF BILLS MOTION made by Jessen, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $329,202.59, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. DEPARTMENT HEAD MONTHLY REPORTS FOR JUNE 1993. B. LMCD REPRESENTATIVE'S MONTHLY REPORT FOR JUNE, 1993. C. LMCD MAILINGS. D. LETTER FROM TRIAX CABLEVISION RE: JUNE STATEMENTS. SUBSCRIBER E® LETTER FROM ASSOCIATION OF METROPOLITAN MUNICIPALITIES (AMM) RE: SUMMER OUTREACH BREAKFAST SCHEDULED FOR WEDNESDAY, JULY 14, 1993, AT 7:30 AM, MINNETONKA RADISSON HOTEL, (RIDGEDALE). PLEASE LET ME KNOW ASAP IF YOU WISH TO ATTEND. 200 July 13, 1993 F. LETTER FROM LOCAL RESIDENT RE: MOUND CITY DAYS. Ge PRELIMINARY POPULATION AND HOUSEHOLD CHANGES AS OF 4-1-92, AS PREPARED BY METROPOLITAN COUNCIL. H. LMCD ADOPTED BUDGET FOR 1994. THE SCHEDULE FOR THE WEST HENNEPIN HUMAN SERVICES PLANNING BOARD FOR THE REMAINDER OF THE YEAR: MEETING DATE MAYOR/CITY COUNCIL NO AUGUST MEETING SEPTEMBER 7 OCTOBER 5 NOVEMBER 2 DECEMBER 7 LIZ ANDREA PHYLLIS KEN J. REMINDER: C.O.W., TUESDAY, JULY 20, 1993, 7:30 PM. K. PLANNING COMMISSION MINUTES OF 6-28-93. 1.2 RECONSIDER REQUEST TO REMOVE NO PARKING RESTRICTIONS ON T~ SOUTH SIDE OF ALDER ROAD, FROM THE INTERSECTION OF COMMERC~ BLVD. WEST APPROXIMATELY 300 FEET, MOUND EVANGELICAL FRE~ CHURCH The Building Official explained that he has spoken with the Fire Marshal and he advises that a certain number of feet on the South side of Alder Road needs to remain no parking because the Fire Department would need to hook into the fire system on that side of the Pond Arena if there were a fire. MOTION made by Jensen, seconded by Johnson to reconsider Item %1.2, Resolution %93-89, because new information has been received. The vote was unanimously in favor. Motion carried. The Council discussed the situation and Duane Norberg agreed that an area to accomodate the Fire Department equipment should remain. The Building Official will contact the Fire Department and find out how many feet from the corner of Commerce Blvd. and Alder Road that will be required to stay no parking. Jensen moved and Johnson seconded the following resolution: RESOLUTION #93-89 RESOLUTION TO REMOVE THE NO PARKING RESTRICTION ON A CERTAIN SECTION OF THE SOUTH SIDE OF ALDER ROAD The vote was unanimously in favor. Motion carried. 201 202 July 13, 1993 Councilmember Smith arrived at 8:35 P.M. EXECUTIVE SESSION The City Attorney asked that he be allowed to present the Summons and Complaint to the Council and visit with them to get direction in Executive Session. He further related that the allegations made in the complaint, essentially relate to a sign which is in front of the House of Moy and it is the contention of the plaintiff that the City, which has not taken action to get rid of the sign at this point, is violating their freedom of speech and First Amendment rights. The Attorney stated that it is unfortunate that the materials that appeared both in the newspaper and on TV tonight emphasize the crosswalk when the litigation basically relates to the two signs that are in front of the House of Moy. Mr. Pearson stated that he has spoken to Mr. Tanick, the attorney for the House of Moy, and with direction from the Council, Mr. Pearson is hopeful that they can work out a relatively quick settlement as it relates to this matter. The City Attorney also stated he needs to speak to the Council about another litigation which relates to the Bluebird Lane situation. The Council adjourned into Executive Session at 8:45 P.M. The Council resumed after Executive session at 9:25 P.M. The City Attorney stated he has reported to the Council of the two lawsuits. The first relates to the lawsuit that was served today by the House of Moy vs. City of Mound and after discussion the following action will be taken. MOTION made by &hrens moved, seconded by Jensen directing the City Attorney to negotiate with the plaintiff and their attorney and indicating that the City of Mound has no intention of depriving anyone of their First Amendment rights and that we shall try to resolve this lawsuit in a equitable fashion as quickly as possible with a minimum amount of expense to both the Plaintiff and the City. The vote was unanimously in favor. Motion carried. The City Attorney reported that the second item that was discussed related to a threatened lawsuit by 5 residents on Bluebird Lane against the City of Mound. He reported that Mr. Shukle, and Mr. Fackler and Mr. Pearson have been working on this for some extended period of time. They have visited the site and have reported back to the Council with various findings. The Plaintiffs have demanded 7 different remedies, of those we have previously indicated that we don't think 5 of them are negotiable. There were 2 items that were 202 203 July 13, 1993 left open, one related to marking the Commons and the other related to the number of dock sites. MOTION made by Smith, seconded by Jessen directing the City Attorney to respond to Mr. Maynard indicating that the City will put forward some minimal suggestions relatlng to the demands, but in essence it is the consensus of the Council that the dock sites are very important to the people in the subdivision and there is not desire to make any change. Councilmember Ahrens stated that she has always said that there is room for some more movement so she cannot vote for the motion as it was made. The vote was 4 in favor with Ahrens voting nay. carried. Motion COUNCIL SALARIES The Mayor stated that he asked the City Manager to review what Council salaries have been over the years. He reported that in 1966 the Mayor got $30.00/month and the Council got $10.00/month; in 1969 the Mayor got $75.00/month and the Council got $50.00/month; and in 1978 the Mayor got $150.00/month and the Council $100.00/month. The 1978 salary is still in place. This was food for thought. No action was taken. MOTION made by Jessen, seconded by Ahrens to adjourn at 9:45 P.M. The vote was unanimously in favor. Motion carried. Attest: City Clerk 203 BILLS July 13, 1993 BATCH 3063 $131,395.79 BATCH 3064 TOTAL 197,806.80 $329,202.59