Loading...
1993-09-28September 28, 1993 MINUTES - MOUND CITY COUNCIL - SEPTEMBER 28, 1993 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 28, 1993, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Acting Mayor Liz Jensen, Councilmembers Andrea Ahrens, Phyllis Jessen and Ken Smith. Mayor Skip Johnson was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Building Official Jon Sutherland and the following interested citizens: Gordon Anderson, Jan Gordon, Dale Bakalyar, Dave Willette, Larry Pillar, and Ben Gaudette. The Acting Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. MOTION made by Smith, seconded by Jessen to approve the Minutes of the September 14, 1993, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 CASE #93-043: MICHELLE SEVERSON, APPLICANT FOR 4500 WILSHIRE BLVD., 4510 WILSHIRE BLVD., AND 2757 ANGLESSLY LANE., SUBDIVISION - LOT LINE ADJUSTMENTS The Building Official explained that this case was before the Council in 1989. It lagged for some time because there were title problems. The title problems have now been resolved. The Staff and Planning Commission recommended approval. Smith moved and Ahrens seconded the following resolution: RESOLUTION//93-126 RESOLUTION TO APPROVE A SUBDIVISION TO ALLOW THE REARRANGEMENT OF LOT LINES AT LOTS 6, 7, 8, & 1/2 OF VAC. LANE, BLOCK 4, AVALON (4510 WILSHIRE BLVD.), LOTS 4 & 5, BLOCK 6, AVALON (4500 WILSHIRE BLVD.), AND LOT 3 AND SEly 1/2 OF LOT 2, BLOCK 6, AVALON (2757 ANGLESSLY LANE) P & Z CASE//93-043 The vote was unanimously in favor. Motion carded. 318 Septel~ber 28, 1993 1.2 CASE #93-045: DALE & KELLE BAKALYAR, 3091 TUXEDO BLVD., LOTS 18, 19~ 20 & P/21, BLOCK 1, PEMBROKE, PID #19-117-23 34 0128, VARIANCE FOR GARAGE ADDITION The Building Official explained the request. The Planning Commission recommended approval. Jessen moved and Ahrens seconded the following resolution: RESOLUTION ~93-127 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF CONFORMING ADDITIONS TO 3091 TUXEDO BLVD., PART OF LOTS 18, 19, 20 & 21, BLOCK 1, PEMBROKE, PID //19-117-23 34 0128, P & Z CASE g93-045 The vote was unanimously in favor. Motion carried. 1.3 CASE//93-047: WILLETTE CONSTRUCTION, INC., 2561 WEXFORD LANE, LOTS 4-13, BLOCK 7, SETON, PID //24-117-24 14 0001, VARIANCE FOR GARAGE ADDITION The Building Official explained the request. The City Attorney pointed out that the proposed resolution should have a variance of 12' not 16' for the front east setback. The Council discussed the driveway setback to the OHW. #1 in the Now, Therefore, Be It Resolved will now read as follows: The City does hereby approve a 12 foot front yard setback variance and a 2 foot lake shore setback variance to allow the construction of a 22' x 22' garage addition. A lake shore setback variance is also granted for the driveway. The driveway shall be located so that the impact of the encroachment is minimal and shall not exceed a 12 foot variance from the required 50 foot setback to the OHW. The site plan shall be reviewed and approved by City Staff. The Council agreed. Smith moved and Ahrens seconded the following resolution: 319 September 28, 1993 RESOLUTION #93-128 RESOLUTION TO APPROVE A VARIANCE TO THE FRONT YARD SETBACK AND LAKE SHORE SETBACK TO ALLOW CONSTRUCTION OF A GARAGE ADDITION AT 2561 WEXFORD LANE, LOTS 4 THRU 13, BLOCK 7, SETON, PID//24-117-24 14 0001, P & Z CASE ~93-046 The vote was unanimously in favor. Motion carried. 1.4 PROCLAMATION - ADULT LITERACY AWARENESS WEEK, WESTONKA ADULT BASIC EDUCATION PROGRAM - SEPTEMBER 27 - OCTOBER 3, The Mayor read the proclamation. Jessen moved and Smith seconded the following: RESOLUTION g93-129 PROCLAMATION - ADULT LITERACY AWARENESS WEEK, WESTONKA ADULT BASIC EDUCATION PROGRAM - SEPTEMBER 27- OCTOBER 3, 1993 The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.5 DISCUSSION: PARK & OPEN SPACE COMMISSION MEMBERSHIP/ COMPOSITION The City Manager explained that this is being brought up because the POSC did not have a quorum for their September meeting to interview prospective new members. There are currently 2 vacancies on the commission and there could be 2 more coming up shortly. The commission consists of 9 Council appointed members. The Council discussed reducing the number of members to 7 or leaving it as is. The Council asked that Peggy call all POSC members and remind them to be at the October meeting for the interviews. Councilmembers should also try to attend the interviews. No action was taken on the commission membership/composition at this time. 320 RESOLUTIONS CANCELLING LEVIES 1.6 1.7 1.8 1.9 1.10 Smith September 28, 1993 Ahrens moved and Smith seconded the following resolution: RESOLUTION//93-130 RF~OLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION BONDS OF 1984 IN THE AMOUNT OF $13,658.00 The vote was unanimously in favor. Motion carried. Jessen moved and Ahrens seconded the following resolution: RF~OLUTION//93-131 RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980 IN THE AMOUNT OF $4,552.00 The vote was unanimously in favor. Motion carried. Ahrens moved and Jensen seconded the following resolution: RESOLUTION//93-132 RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978 IN THE AMOUNT OF $15,183.00 The vote was unanimously in favor. Motion carried. APPROVAL OF 2 GAMES OF SKILL LICENSES - AMERICAN LEGION MOTION made by Ahrens, seconded by Smith to authorize the issuance of 2 Games of Skill Licenses to the American Legion Post//398. The vote was unanimously in favor. Motion carried. AUTHORIZE MAYOR AND CITY MANAGER TO EXECUTE A SATISFACTION OF MORTGAGE FOR JON SCHERVEN DOWNTOWN LOAN FROM 1984 moved and Jessen seconded the following resolution: RESOLUTION//93-133 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE A SATISFACTION OF MORTGAGE FOR JON A SCHERVEN, 2271/2269 COMMERCE BLVD. 321 Septell~ber 28, 1993 The vote was unanimously in favor. Motion carried. 1.11 SET PUBLIC HEARING TO CONSIDER A MOVING BUILDING PERMIT TO ALLOW THE MOVING OF A DETACHED GARAGE FROM 2010 SHOREWOOD LANE. TO 2025 SHOREWOOD LANE MOTION made by Ahrens, seconded by Smith to set October 12, 1993, 7:30 P.M. for a public hearing to consider a moving building permit to allow the moving of a detached garage from 2010 Shorewood Lane to 2025 Shorewood Lane. The vote was unanimously in favor. Motion carried. 1.12 PAYMENT OF BILLS MOTION nmde by Jessen, seconded by Smith to authorize the payment of bills as presented on the pre-list in the amount of $100,757.30, when funds are available. A roll call vote was unanimously in favor. Motion carried. HOUSE OF MOY LAWSUIT The City Attorney advised that a lawsuit was delivered to his office late Friday afternoon that has three allegations as follows: Removal of the crosswalk is a nuisance. The City was negligent in making a decision to remove the crosswalk. By taking out the crosswalk, the City took away their business and the expectancy of them to have more business. Acting Mayor Jensen asked what the House of Moy wants. The City Attorney stated there is a Prayer for Relief. He further stated that the documents that were delivered to his office were either miscopied or they weren't served because there is one page missing. There is no page 5. The only Prayer for Relief that he has is the starting of page 1 which is asking the judge to declare that a public nuisance exists on Shoreline Drive, where the crosswalk and signs were removed. They are asking that the City pay them in excess of $50,000 for their loss of business. No action was taken. FLACK LAWSUIT The City Attorney advised that we have received an extension to answer the Flack Lawsuit. 322 SeDtember 28, 1993 POPULATION SIGNS The City Manager advised that the person doing the signs had some problems, but he should be heating from him by the end of the week on a projected date of installation. LETTER FROM THE "YES FOR KIDS COMMITTEE" The Council stated they have received letters from the "Yes for Kids Committee" asking the Council to consider supporting their efforts on the School District referendum. The Council decided they would discuss this at the next COW meeting. INFORMATION/MISCELLANEOUS August 1993 Revenue & Expenditure Report as prepared by Gino Businaro, Finance Director. B. LMCD Mailings. C. REMINDER: Next C.O.W. meeting is scheduled for Tuesday, October 19, 1993. The City Manager handed out a memo that was sent to the Planning Commission after the last Council Meeting regarding the Park Dedication Fees. There will be a Special Recycling Day again on October 16, 1993, 8:00 A. M. to 4:00 P.M. REMINDER - WEST HENNEPIN HUMAN SERVICES PLANNING BOARD The schedule for the West Hennepin Human Services Planning Board for the remainder of the year is: October 5 Andrea Ahrens November 2 Phyllis Jessen December 7 Ken Smith Councilmember Jensen reviewed what happened at the meeting she attended on September 7th. MOTION made by Smith, seconded by Jessen to adjourn at 8:50 P.M. The vote was unanimously in favor. Motion carried. ~'~./xt,~'~,^ r C, ~/~tA~ EdwardJ' Shukle' Jr" City Manager AttestS- cit~--Cler'~k -' 323 BILLS --September 28, 1993 BATCH 3092 Total Bills $100,757.30 $100,757.30