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1993-08-24August 24, 1993 MINUTES - MOUND CITY COUNCIL - AUGUST 24, 1993 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 24, 1993, 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, City Planners Bruce Chamberlain and Mark Koegler, Building Official Jon Sutherland, and the following interested citizens: Tom Casey, John Edewaard, Keith & Debra Kullberg, Neil Weber, Michael Martinson, Leona Schuler, Michael Pride, Stephanie Cass, Bev Mierzejewski, Frank Weiland, Rick Jostrom, Jeff Svem, John & Darlene Maxwell, John Bessesen, Charles Champine, David C. Kunz, and Peter Meyer. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. RECYCLOTTO WINNERS The Mayor presented Westonka Dollars to the following people: Recycling week of August 4th - Michael Martinson, 5918 Lynwood - $50.00. Recycling week of August 9th - Leona Schuler, 2300 Chateau - $50.00. 1.0 MINUTES MOTION made by Jensen, seconded by Smith to approve the Minutes of the August 10, 1993, Regular Meeting, and the August 17, 1993, Committee of the Whole Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 CASE//93-036: JEFFREY & NICOLE SVEM, 5809 GRANDVIEW BLVD., LOT 92, MOUND SHORES, PID //14-117-24 14 0031, VARIANCE FOR DECK The Building Official explained the request. The Planning Commission recommended approval. Jessen moved and Smith seconded the following resolution: 259 August 24, 1993 RESOLUTION//93-106 RESOLUTION TO APPROVE A SIDE YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A CONFORMING DECK AT 5809 GRANDVIEW BLVD., LOT 92, MOUND SHORES, PID//14-117-24 14 0031, P & Z CASE//93-036 The vote was unanimously in favor. Motion carried. 1.2 CASE//93-037: RICHARD JOSTROM, 3021 BRIGHTON BLVD.. LOTS 6 & 31, BLOCK 15, ARDEN, PID//24-117-24 43 0007, VARIANCE FOR GARAGE The Building Official explained the request. His recommendation was for approval with the following three conditions: The garage addition shall not exceed the height of the existing garage. The applicant and the city are aware this approval limits the future expansion area of the dwelling. The 4' x 35' green space in the center of the driveway shall be maintained as permeable surface as defined in the ordinance. The Planning Commission recommended denial. The Council discussed the height of the principal structure (house) being lower than the existing garage or the addition. They also discussed the hard cover, the driveway and the fact that this could limit house expansion. Councilmember Jensen stated that from a Planning perspective this is not a good plan. The applicant was present and stated that he really needs the storage space because there is no basement in the home. He also showed the Council what the garage would look like if the new addition had a lower roof line. The Council also discussed the fact that a variance was given for the existing garage in 1991 allowing the higher roof line. The Council then discussed//3 of the conditions and felt it should be deleted. Smith moved and Ahrens seconded the following resolution: 260 August 24, 1993 RESOLUTION g93-107 RESOLUTION TO APPROVE A BUILDING HEIGHT VARIANCE TO ALLOW AN ADDITION TO AN ACCESSORY STRUCTURE TO EXCEED THE HEIGHT OF THE PRINCIPAL BUILDING AT 3021 BRIGHTON BLVD., LOTS 6 & 31, BLOCK 15, ARDEN, PID//24-117-24 43 0007, P & Z CASE//93-054 The vote was unanimously in favor. Motion carded. The Council discussed the fact that this garage and several other along Brighton Blvd. have not be completed and look unsightly. 1.3 CASE g93-038: JOHN & DARLENE MAXWELL, 3040 HIGHLAND BLVD., LOT 12, BLOCK 2, THE HIGHLANDS, PID #23-117-24 44 0004, VARIANCE FOR DECK The Building Official reviewed the request for a variance and an after-the-fact building permit for a conforming deck on the existing lakeside dwelling. He reported that there is another structure (cottage) on the property near the street. It was rented out in the past but the applicant is not renting it out now nor is he planning to do so in the future. Staff recommended approval with the following conditions: The stairway landing be modified in width to a maximum 36 inches to reduce its impact as a deck, but still allow a walkway between the two stairs, and approve the issuance of an after-the-fact permit. The street side dwelling is a legal nonconforming use. Nothing contained in the approval for a deck for the main structure shall imply or grant approval of any variances for the street side dwelling. Two (2) houses on the same parcel is prohibited by our code and the owners are encouraged to remove the street side building at the earliest date possible. The owners are further advised that City staff, the current Planning Commission and City Council will not allow any variances or work on the street side dwelling in the future as we desire that the property be brought into conformance with the current codes. Therefore, the owner should recognize that at some point the street side dwelling must be removed. The Council discussed the legal nonconforming use of the street side dwelling. The applicant stated that when he bought the property, the realtor told him it was alright to rent out the cottage. The City Attorney explained that it is when someone comes in for a variance on a piece of property that this type of situation can be restricted and brought into conformance with the ordinance. The Council discussed the renting out the cottage or allowing a family member and 261 August 24, 1993 guest to stay in the cottage on a temporary basis. moved and Jessen seconded the following resolution: Ill$OIAJ'iION IsiS3-108 RESOLUTION TO APPROVE A VARIANCE TO ALLOW CONSTRUCTION OF A CONFORMING DECK AT 3040 HIGHLAND BLVD., LOT 12, BLOCK 2, THE HIGHLANDS, PID//23-117-24 44 0004, P & Z CASE//93-038 Jensen & Jessen asked the following be changed in the proposed resolution: "The City does hereby approve a variance recognizing existing nonconforming setbacks, as listed below, to allow construction of a conforming deck onto the lakeside dwelling upon the condition that the street side accessory structure be recognized as a legal nonconforming use and it shall not be used as a rental dwelling." Add items 7 & 8 as follows: The street side dwelling is a legal nonconforming use. Nothing contained in the approval for a deck for the main structure shall imply or grant approval of any variances for the street side dwelling. Two (2) houses on the same parcel is prohibited by our code ~'~ '~' ...................... ,n + ........ +~ ~'-^^' ~ide ~"'"'~'~- d ised City ~...:,.~:_~ n..~. .... ~:^~' '~+ .....:~"~ The owners are ........ a v that staff, +~ ....... + D,...:.~ ,-^.~,.~:~:^. ly .................... ~, ............... and City Council will like not allow any variances or work on the street side dwelling in the future as we desire that the property be brought into conformation with the current codes. Therefore, the owner should recognize that at some point the street side dwelling ,,'nu.~t may be required to be removed. 8. There be only one house number assigned to this parcel. After considerable discussion on the wording of item 7, the vote on the proposed resolution as revised was 2 in favor with Ahrens, Johnson and Smith voting nay. Motion fails. Smith moved and Ahrens seconded the following resolution: 262 August 24, 1993 RESOLUTION ~93-108 RESOLUTION TO APPROVE A VARIANCE TO ALLOW CONSTRUCTION OF A CONFORMING DECK AT 3040 HIGHLAND BLVD., LOT 12, BLOCK 2, THE HIGHLANDS, PID//23-117-24 44 0004, P & Z CASE//93-038 Smith and Ahrens agreed with the revision of item #1 as proposed by Jensen and Jessen. They also agreed with the addition of #8. After discussion the Council proposed the following for item 7: The street side dwelling is a legal nonconforming use. Nothing contained in the approval for a deck for the main structure shall imply or grant approval of any variances for the street side dwelling. Two (2) houses on the same parcel is prohibited by code ""~ '~ ~' ~ ~"'"~'~- City k..:,.~:~ ~..~. .... u~..~. ..... :~.~ The owners are ........ advised that ..................... ~ ............... and City Council will likely not allow any variances for the or-wor-k-o~ street side dwelling in the future as we desire that the property be brought into conformance with the current codes. ~ The vote on the above resolution was 4 in favor with Jessen voting nay. Motion carried. The Council advised the applicant that the goal is the removal of the street side dwelling at some future time. 1.4 CASE #93-039: JOSEPH RICE, 1725 RESTHAVEN LANE, LOT 20, BLOCK 14, SHADYWOOD POINT, PID #13-117-24 11 0048, VARIANCE FOR ADDITION The Building Official explained the request. The Planning Commission recommended approval. Jensen moved and Ahrens seconded the following resolution: RESOLUTION//93-109 RESOLUTION TO APPROVE A FRONT YARD SETBACK AND LOT WIDTH VARIANCE TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION AT 1725 RESTHAVEN LANE, LOT 20, BLOCK 14, SHADYWOOD POINT, PID #13-117-24 11 0048, P & Z CASE//98-039 The vote was unanimously in favor. Motion carried. 263 August 24, 1993 1.5 CASE//93-042: STAN MIERZEJEWSKI, 1942 SHOREWOOD LANE. LOT 12 AND PART OF LOT 11. BLOCK 2, SHADYWOOD POINT, PID #18-117-23 33 0014, VARIANCE FOR DECK The Building Official explained the request. The Planning Commission recommended approval with the following conditions: The owner/applicant establish the location of the ordinary high water elevation. The lakeside deck shall not be closer than 40 feet to the ordinary high water elevation. The lakeside deck shall not extend closer to the ordinary high water than the existing deck. Smith moved and Ahrens seconded the following resolution: RESOLUTION//93-110 RESOLUTION TO APPROVE A LAKESIDE SETBACK VARIANCE FOR A DECK AT 1942 SHOREWOOD LANE, LOT 12 AND PART OF LOT 11, BLOCK 2, SHADYWOOD POINT, PID//18-117-23 23 0014, P & Z CASE g93-042 The vote was unanimously in favor. Motion carded. 1.6 DISCUSSION: ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) - TEAL POINTE City Planner Bruce Chamberlain explained that this was continued from the last meeting regarding comments on the EAW for Teal Pointe Development Project. He stated that Mr. Weber would like to be recognized to make some comments. Mr. Weber stated that this project was started in 1985 and is now in the EAW stage of it. He stated he has read the information given to the Council, there are a number of issues that keep coming up. He would like to make some proposals to the Council as a way a resolving some of these issues and easing the concerns of some of the citizens who have commented. There are three items to talk about. Two of them are proposals that he is proposing as additional conditions for approval. He stated that he realizes Lots 1, 2 and 3 are a sensitive part of this project and as has been discussed the concerns and the problems that have been addressed to assure the Council and the citizens that what they will be doing on those sites will be environmentally safe. He stated they have already conceded to submitting structural engineering drawings for the caissons, etc. They would like to propose as an additional 264 August 24, 1993 requirement to these 3 lots, that at the time of applying for a building permit, a landscape plan done by a landscape architect, which would address issues that are here but unknown such as any trees removed there would be an explanation as to why they were removed, how the developer will replace them, how they will deal with ground cover and control for runoff. This is a comment on the archaeological study. He stated he talked to Scott Anfinson, who basically looked at the study, approved it and gave the recommendation to Britta Bloomberg of the State Historic Preservation Office, who accepted the archaeological study. Mr. Anfinson assured him that the archaeological study as done meets exactly the letter of what is required by the State and there is nothing inappropriate in it and the information in it is totally the State's responsibility. The other condition he is proposing to do is that with the restriction of having a homeowners association that will follow the guidelines and restrictions in the preliminary plat approval, they have an adjacent landowner on the association board to monitor and assure guidelines will be followed. Bruce Chamberlain reminded the Council that they have a choice of 4 actions tonight. One is to require the completion of an Environmental Impact Statement (EIS). Require conditions and/or modifications to the proposed project based on comments made to the EAW. To allow the project to continue as proposed by the applicant. Deny based on comments. Tom Casey stated that now is the time to design this project and to have the requirements that are necessary to make sure that it is environmentally sensitive. He stated he would like to see something in writing that the archaeological study complies with State law. He stated there are some items that he has submitted in his comments that cast some doubt about the veracity of the developer. He further stated that the covenants and restrictions need to be developed very carefully so that they are enforceable not just by the Board but by the City of Mound. The Council discussed the possibility of having an adjacent property owner on the association. They will work on this when drawing up the covenants and restrictions. Tom Casey highlighted the 36 pages of comments that were submitted regarding the EAW. He asked that there be a conservation easement on the parcels. The things that should be considered for these easements are: yard areas kept to a minimum; vegetative buffers will be maintained; lots will have no landscaped areas leaving the site around the homes as natural as possible; homes will have wood exterior and stained in earth tones; what percentage of ground cover types will be in place after development; watercraft restrictions and dredging; less need for pesticides 265 August 24, 1993 and fertilizers; no development anticipated on adjacent lands or outlots. Mr. Casey contends these are all insupportable statements unless there is a conservation easement in place that cover~ these issues. Mr. Casey asked that when the covenants are developed, they be subject to review by the public so that the property is protected from the issues raised by the EAW. Mr. Casey stated that the City itself should have been involved i~ the hiring process for aa objective archaeological analysis to be done. He ~ted that anotl~ ~fl~ologic~ ~arv~ b~ done by the City. Further that the City have a profe~o~! on-~ ~ survey done. He stated that Lots 1-3 should be considered unbuildable. He ~ ~ fl~e City postpone a decision and get answers to his questions. Mr. Weber responded as follows: Conservation easement - City can integrate into convenants & restrictions. The dredging and docks - the city would have complete control over this because it is land that the developer is giving to the city. The ecological survey - the DNR said the parcel is too small to do that. Lots 1-3 - what has been proposed tonight for a landscape architect is another try to shore up the concerns. He stated that he has tried to meet with the concerned citizens about this project and they refuse to meet. He explained he sent out 5 RFP's from a list of archaeologists that he got from the State. When he got the list, the State told him to ask for the minimal amount of services because he would tend to be sold services that he didn't need if he didn't specifically ask for an archeological study for an EAW. He asked that the study be done to the letter of the law. The study was delivered to the State with no input from the Developer. The Council discussed the possible actions tonight. They agreed that they were not going to deny the project or require an EIS. They decided to modify the proposal and go forward. The City Attorney stated that the Council can amend the preliminary plat resolution to incorporate additional qualifications. The Planner asked that the Council identify the issues of concern, have the staff work on those and bring them back at a future meeting for Council consideration. The City Attorney agreed and stated that the City will have to publish whatever action they take on the EAW and notify the appropriate agencies for their review of the approval. 266 August 24, 1993 MOTION made by Smith, seconded by Jensen to accept the EAW for Teal Pointe and direct the staff to prepare written documentation to modify the EAW and Resolution//93-20 to provide the following amendments: 0 ® Any construction on Lots 1, 2 and 3 shall be subject to an additional landscape plan, prepared by a registered landscape architect, to incorporate items which would address issues that are here, but unknown, such as any trees removed there would be an explanation as to why they were removed; how the developer will replace; how they will deal with ground cover; and control for runoff. The covenants and restrictions are to be a part of the homeowner's association and shall provide for representation by one outsider from the neighborhood. There shall be no private docks nor shall there be any dredging of the wetlands. The covenants and restrictions shall contain environmental safeguards and/or for the granting of a conservation easement. Storm water runoff shall be subject to Best Management Practices. Send the appropriate material including the archeological study and the letter from the State Archaeologist to the Indian Affairs Council for their review and approval of the project. The City Attorney stated that he would welcome, from Mr. Casey, a draft or his input on the kinds of things that need to go into the conservation easement and how that is going to be taken care of. e The City shall be the beneficiary of the covenants and restrictions. This resolution with the outlined additions and modifications to the EAW and Resolution//93-20 to come back to the City Council on September 14, 1993, for consideration. The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. There were none. RECOMMENDATION FROM PARKS & OPEN SPACE COMMISSION RE: UPDATKq OF PERMITS FOR STRUCTURES ON PUBLIC LANDS (WAURIKA COMMONS) The Building Official stated that the next 11 items are updates by the Staff on Public Lands Permits. The recommendations are based on the Procedure Manual for processing these permits. 267 August 24, 1993 1.7 DQCK g01600. DAVID KUNZ - STAIRWAY The Building Official reported that this stairway is not in compliance with the Code. Mr. Kunz does not agree with replacing this stairway because it is his opinion that the existing stairway location has the least amount of impact on the hill which is what the Park Commission wanted originally. Staff's recommendation is for approval of permit to correct or build a new stairway according to the code subject to certain conditions: - the applicant is responsible for all costs incurred including installation and maintenance. - the stairway shall be in compliance with the Building Code and approved by the Building Official. - the permit will expire 5 years from the date of City Council approval. - the permit must be renewed with change in dock license holder. - if compliance to these conditions has not been achieved within one (1) year of the date of approval of the permit, the applicant's dock license will not be issued until compliance has been achieved. Mr. Kunz addressed the Park Commission and stated he has always tried to comply with City regulations and he likes the Commons concept. He originally submitted plans for the stairway in 1985 and they were approved by the Council. The stairs are structurally sound. Timbers are dug into the hill to allow for minimum impact and to stabilize erosion. The average rise is 8 1/3" versus the required 8" maximum allowed by Code. The average run is 8 3/4" versus the minimum 9" run required by Code. There is no landing at 12 feet as required by the Code. Mr. Kunz does not have a problem with installing a legal handrail. The top step has 9" rise and he will correct this. Mr. Kunz feels that if changes are made it will adversely affect the hillside. He stated he would comply with Staff's recommendation, but is not happy about it. He feels the stairway can last a long time the way it is. The Park Commission recommended approval with the following conditions: the existing stairway shall be modified to include a conforming handrail, and the top step should be corrected to have no more than an 8" rise, and shall be inspected and approved by the Building Official. the permit will expire five (5) years from the date of City Council approval. the stairway must be reconstructed to code when it is determined the stairway is in an unsafe condition. the stairway is allowed to remain due to the erosion concerns. Smith moved and Jessen seconded the following resolution: 268 August 24, 1993 RESOLUTION//93-111 RESOLUTION TO APPROVE A SPECIAL CONSTRUCTION ON PUBLIC LANDS PERMIT TO ALLOW REPAIRS TO AN EXISTING STAIRWAY ON WAURIKA COMMON ABUTTING 1546 BLUEBIRD LANE FOR DAVID KUNZ - DOCK SITE //01600 The Council discussed applying the Building Code to every stairway on Commons. They discussed liability issues. The City Attorney stated the question is, "Did the Council make a reasonable attempt to make it safe?" Councilmember Ahrens asked if the UBC applies to all stairs or only stairs attached to buildings? The Building Official stated that the UBC only applies to stairways that serve a building. The Council discussed the fact that they gave direction to Staff to use the UBC as a guide or standard in these cases. Councilmember Ahrens stated that at the Park Commission there was discussion about how if the UBC is used a lot of these stairways would need to be removed and reconstructed causing a lot of disturbance to the land. The vote was unanimously in favor. Motion carried. 1.8 DOCK//01900. CHUCK CHAMPINE, STAIRWAY, ELECTRIC The Building Official explained that the proposed resolution includes the Park Commission recommendations not the recommendations of the Staff. He further explained that the Park Commission's recommendation is, "to have City staff remove the stairway, retaining wall, light, and electrical from Waurika Common abutting 1550 Canary Lane, Dock Site//01900, and all costs associated with such removal be taken out of the City budget, not including the dock fund." The Building Official explained that the electrical originates from Mr. Champine's private property. Mr. Champine was present and stated he has changed his mined about the electrical and will apply for a State Electrical Permit. He did not agree that he as an abutting property owner should have to pay for improvements to the stairway, erosion control or retaining wall. The City Attorney suggested that this item be continued until Mr. Champine's application for an Electrical Permit has been processed. The City Manager stated that the Park Commission has recommended all these Common's maintenance costs not be taken out of the Dock Fund. It is his recommendation that these costs be charged against the Commons Dock Fund. 269 August 24, 1993 MOTION made by Johnson, seconded by Smith to continue this item relating to Dock Site g01900 until the Electrical Permit has been processed. The vote was unanimously in favor. Motion carried. The Council discussed approving the remaining items as a package. The Council discussed Dock Sites 01940 & 01960. The Council asked that the Building Official make sure that the dock site holders have been notified of the intent to remove the stairway. Councilmember Jessen stated that the money to fix and maintain the Commons should come from the Commons Dock Fund. Councilmember Ahrens stated she does not agree that only the dock holders, through the Commons Dock Fund, should have to pay for maintenance and improvements to the Commons. 1.9 MOTION made by Jessen, seconded by Johnson to approve the remaining resolutions relating to stairway permits listed in Item #10 excepting dock site #01900. The resolutions are to be as authorized by the Park & Open Space Commission with the modification that the costs incurred by the City are to come from the Conunons Dock Fund. The Council asked if there was anyone present who has a problem with any of the proposed resolutions. No one objected. The vote was 4 in favor with Ahrens voting nay. Motion carried. 1.10 DOCK SITE//01920, VERA FRAHM, STAIRWAY Jessen moved and Johnson seconded the following resolution: RESOLUTION//93-112 RESOLUTION TO APPROVE A SPECIAL CONSTRUCTION ON PUBLIC LANDS PERMIT FOR A PRIVATE STRUCTURE ON PUBLIC LAND TO ALLOW REPAIRS TO AN EXISTING STAIRWAY ON WAURIKA COMMON ABUTTING 1555 DOVE LANE FOR VERA FRAHM OF 1555 DOVE LANE - DOCK SITE//01920 The vote was 4 in favor with Ahrens voting nay. Motion carded. 1.11 DOCK SITE//01940 & 01960, CHASE/HOWELL, STAIRWAY Jessen moved and Johnson seconded the following resolution: 270 RESOLUTION//93-113 August 24, 1993 RESOLUTION DIRECTING STAFF TO REMOVE A STAIRWAY FROM PUBLIC LAND ON WAURIKA COMMON ABUTTING 1555 DOVE LANE, DOCK SITE//01940 & 01960 The vote was 4 in favor with Ahrens voting nay. Motion carded. 1.12 DQCK SITE #02000, D. BOLICK & D, WATSQN, STAIRWAY Jessen moved and Johnson seconded the following resolution: RESOLUTION #93-114 RESOLUTION TO APPROVE A SPECIAL CONSTRUCTION ON PUBLIC LANDS PERMIT FOR A PRIVATE STRUCTURE ON PUBLIC LAND TO ALLOW RECONSTRUCTION OF AN EXISTING STAIRWAY ON WAURIKA COMMON ABUTTING 1559 EAGLE LANE, FOR D. BOLICK & D. WATSON OF 1559 EAGLE LANE - DOCK SITE//02000 The vote was 4 in favor with Ahrens voting nay. Motion carried. 1.13 DOCK SITE//02020, MICHAEL FREEMAN, STAIRWAY Jessen moved and Johnson seconded the following resolution: RESOLUTION//93-115 RESOLUTION TO APPROVE A SPECIAL CONSTRUCTION ON PUBLIC LANDS PERMIT FOR A PRIVATE STRUCTURE ON PUBLIC LAND TO ALLOW REPAIRS TO AN EXISTING STAIRWAY ON WAURIKA COMMON ABUTTING 1559 EAGLE LANE, FOR MICHAEL FREEMAN OF 1591 EAGLE LANE - DOCK SITE//02020 The vote was 4 in favor with Ahrens voting nay. Motion carried. 1.14 DOCK SITE g02060, GILBERT SCHRUPP, STAIRWAY Jessen moved and Johnson seconded the following resolution: 271 August 24, 1993 RESOLUTION g93-116 RESOLUTION TO' APPROVE A SPECIAL CONSTRUCTION ON PUBLIC LANDS PERMIT FOR A PRIVATE STRUCTURE ON PUBLIC LAND TO ALLOW REPAIRS TO AN EXISTING STAIRWAY ON WAURIKA COMMON ABUTTING XXXX EAGLE LANE (N. END OF RD.) FOR GILBERT SCHRUPP OF 1661 EAGLE LANE - DOCK SITE//02060 The vote was 4 in favor with Ahrens voting nay. Motion carried. 1.15 DOCK SITE//02100, HELEN EIS$, STAIRWAY Jessen moved and Johnson seconded the following resolution: RESOLUTION//93-117 RESOLUTION TO APPROVE A SPECIAL CONSTRUCTION ON PUBLIC LANDS PERMIT FOR A PRIVATE STRUCTURE ON PUBLIC LAND TO ALLOW THE CONTINUATION OF AN EXISTING STAIRWAY ON WAURIKA COMMON ABUTTING 1566 EAGLE LANE FOR HELEN EISS OF 1563 EAGLE LANE - DOCK SITE//02100 The vote was 4 in favor with Ahrens voting nay. Motion carried. 1.16 DOCK SITE//02180, RALPH MCFALL, STAIRWAY Jessen moved and Johnson seconded the following resolution: RESOLUTION//93-118 RESOLUTION TO APPROVE A SPECIAL CONSTRUCTION ON PUBLIC LANDS PERMIT FOR A PRIVATE STRUCTURE ON PUBLIC LAND TO ALLOW THE CONTINUATION OF AN EXISTING STAIRWAY ON WAURIKA COMMON ABUTTING 1566 EAGLE LANE FOR RALPH MCFALL OF DOCK SITE//2180 AND WILLIAM TOSIER OF DOCK SITE //02200 The vote was 4 in favor with Ahrens voting nay. Motion carried. 1.17 DOCK SITE//02250, STEVE WELCH, STAIRWAY Jessen moved and Johnson seconded the following resolution: 272 RESOLUTION g93-119 August 24, 1993 RESOLUTION TO APPROVE A SPECIAL CONSTRUCTION ON PUBLIC LANDS PERMIT FOR A PRIVATE STRUCTURE ON PUBLIC LAND TO ALLOW THE CONTINUATION OF AN EXISTING STAIRWAY ON WAURIKA COMMON ABUTTING 1566 EAGLE LANE FOR STEVE WELCH OF 1566 EAGLE LANE - DOCK SITE #02250 The vote was 4 in favor with Ahrens voting nay. Motion carried. 1.18 REOUEST FOR USE OF THE DEPOT EVERY SUNDAY EVENING UNTIL THE END OF 1993 BY MOUND FREE CHURCH/MOUND ASSEMBLY FOR WEEKLY YOUTH GATHERING AND CONCERT. REQUEST TO WAIVE FEE FOR LIVE MUSICAL CONCERT ($200.00 ANNUAL) - DEBRA & KEITH KULLBERG The City Clerk explained the request. MOTION made by Smith, seconded by Ahrens to approve a request to use the Depot at Mound Bay Park every Sunday evening until the end of 1993 by Mound Free Church/Mound Assembly for weekly youth gathering and concert. Waive the fee for the live musical concert permit ($200.00). This group will not have to pay a fee for the use of the Depot but will have to make a damage deposit of $200.00 to be held until they are through using the Depot. The vote was unanimously in favor. Motion carried. Councilmember Smith left because of illness at 10:50 P.M. 1.19 SET PUBLIC HEARINGS - SPECIAL ASSESSMENTS MOTION made by Ahrens seconded by Jensen to set the following public hearings for October 26, 1993: CENTRAL BUSINESS DISTRICT (CBD PARKING) UNPAID MOWING UNPAID SEWER & WATER. The vote was unanimously in favor. Motion carried. 273 August 24, 1993 1.20 APPROVAL OF FINAL PAYMENT REOUF~T - 1993 SEAL COAT PROJECT - ALLIED BLACKTOP - $37.755.72 MOTION mode by Jensen, seconded by Jessen to approve the final payment request from Allied Blacktop, in the amount of $37,755.72, for the 1993 Seal Coat Project. The vote was unanimously in favor. Motion carried. 1.21 APPLICATION FOR PORTABLE SIGN - HAROLD J, POND ARENA - HOCKEY REGISTRATION MOTION made by Ahrens, seconded by Johnson to approve a portable sign request at Harold J. Pond Arena from Sept. 1 to 19, 1993, advertising hockey registration. The vote was unanimously in favor. Motion carried. 1.22 RESOLUTION AUTHORIZING MAYOR & CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR YEAR XIX Jessen moved and Jensen seconded the following resolution: RESOLUTION #93-120 RESOLUTION AUTHORIZING MAYOR & CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR YEAR XIX The vote was unanimously in favor. Motion carried. 1.23 ORDINANCE AMENDMENTS TO SECTION 800:40 AND 810:50 The City Attorney explained that this is being recommended so that no one in a liquor establishment after closing can consume liquor. Ahrens moved and Jensen seconded the following: ORDINANCE #65-1993 AN ORDINANCE ADDING SUBD. 5 TO SECTION 800:40 OF THE CITY CODE RELATING TO CONSUMPTION OF INTOXICATING LIQUOR AND ADDING SUBD. 8 TO SECTION 810:50 OF THE CITY CODE RELATING TO CONSUMPTION OF 274 August 24, 1993 NON-INTOXICATING MALT LIQUOR OR BEER The vote was unanimously in favor. Motion carried. 1.24 PAYMENT OF BILLS MOTION made by Jessen, seconded by Johnson to authorize the payment of bills as presented on the pre-list in the amount of $142,538.15, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Financial Report for July 1993 as prepared by Gino Businaro, Finance Director. Bo Announcement from the West Hennepin Recycling Commission regarding Household Hazardous Waste Days scheduled for Friday, September 17 and Saturday, September 18 at Hennepin County Public Works Site - Orono. C. Planning Commission Minutes of August 9, 1993. D. Park & Open Space Commission Minutes of August 12, 1993. E. Economic Development Commission Minutes of July 15, 1993 and August 19, 1993. REMINDER: City Offices closed, Monday, September 6, 1993, for Labor Day Holiday. REMINDER: Next meeting of the West Hennepin Human Services Planning Board is scheduled for Tuesday, September 7, 1993, at Eisenhower Community Center, 10011 Highway 7, Hopkins, Room 328. Councilmember Jensen is to attend this meeting. Letter and related information dated, August 17, 1993, from Nancy Nordstrom, Citizens Concerned for Dutch Lake (CCDL) in response to the City Council's action in June. Letter dated August 18, 1993, from Emily Ann Staples RE: Hennepin County Solid Waste Program and related information. RE: proposed service fee ordinances on solid waste management. The Council asked the City Manager to write a letter stating that the haulers should not be responsible for collecting the management fee. They would rather have the County collect this fee. 275 August 24, 1993 Letter from Hennepin County regarding speed limit on Shoreline Drive from Commerce Blvd. to Belmont Lane. The Commission of Transportation granted a reduction in the speed limit from 35 MPH to 30 MPH. The County will do the signing changes as soon as scheduling permits. Ko The City Manager explained that the City does not have any lots large ~ough to move the Our Lady of the Lake convent to for Westonka Intervention. Th~ BUilding Official will be meeting with Westonka Intervention to review the building and let them know what it would take to bring the building up to code. The City Attorney informed the Council that a week ago the Dakota Rail trial started and opening arguments were made on both sides. The City Attorney and an expert witness were prepared to testify and the judge disqualified himself. A new judge has been appointed. MOTION made by Jessen, seconded by Jensen to adjourn at 11:15 P.M. The vote was unanimously in favor. Motion carried. ]~l~ard J. shukl~,~Jr., City Manager Att6st: City Clerk 276 sII!~ I~O£ gSO~ HD%V~ g66I ~Pg ~sn~nv ..................