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:
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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:
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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.
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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
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