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1993-10-12October 12, 1993 MINUTES - MOUND CITY COUNCIL - OCTOBER 12, 1993 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 12, 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, Building Official Jon Sutherland, and the following interested citizens: Joyce & Marvin Nelson, Peter Petty and Norman Hemerick. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Smith, seconded by Ahrens to approve the Minutes of the September 28, 1993, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 RECYCLOTTO WINNER The Mayor presented $200 Westonka Dollars to Peter Petty, 3100 Inverness for recycling the week of October 5. 1.2 PUBLIC HEARING: CASE//93-047: MARVIN NELSON, 2025 SHOREWOOD LANE. LOTS 5 & 6. BLOCK 8. SHADYWOOD POINT. PID//18-117-23 32 0012. MOVING BUILDING PERMIT FOR DETACHED GARAGE The Building Official explained the request. The Planning Commission recommended approval with conditions as listed in the proposed resolution. The Mayor opened the public hearing. There were no comments. The Mayor closed the public heating. Smith moved and Ahrens seconded the following resolution: 335 October 12, 1993 RESOLUTION g93-134 RESOLUTION TO APPROVE A MOVING BUILDING PERMIT FOR A DETACHED GARAGE TO BE MOVED FROM: 2010 SHOREWOOD LANE, LOTS 2 & 3, BLOCK 1, SHADYWOOD POINT; TO BE MOVED TO: 2025 SHOREWOOD LANE, LOTS 5 & 6, BLOCK 8, SHADYWOOD POINT, P & Z CASE //93-040 The vote was unanimously in favor. Motion carried. 1.3 CASE g93-052: NORMAN HEMERICK, 4716 BEACHSIDE ROAD, LOTS 12, 13 & 14. BLOCK 7, SHADYWQOD POINT, PID #18-117-2~ 23 0039, RECOGNIZE AN EXISTING NONCONFORMING FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF CONFORMING DETACHED GARAGE The Building Official explained the request. The Planning Commission recommended approval. Ahrens moved and Smith seconded the following resolution: RESOLUTION//93-135 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING NONCONFORMING FRONT YARD SETBACK TO THE PRINCIPAL DWELLING TO ALLOw CONSTRUCTION OF A CONFORMING DETACHED GARAGE AT 4716 BEACHSIDE ROAD, LOTS 12, 13 AND 14, BLOCK 7, SHADYWOOD POINT, PID//18-117-23 23 0039, P & Z CASE//93-052 The vote was unanimously in favor. Motion carded. 1.4 DISCUSSION; ENCROACHMENTS ON PUBLIC LANDS The City Manager explained that at the August 27th Meeting there was a list of 7 or 8 applicants for getting permits or approving stairways on public lands to access the Commons. There was concern by the Council of whether to approve separately or in a batch. The Staff was following a process developed earlier in the year and approved by the City Council to go forward and look at all of the commons areas and public lands areas to inventory each and determine what was there and whether there were permits for these structures. There was confusion as to what the Council was looking at for existing stairways as they relate to the Building Code. Is the staff to apply the Building Code to existing stairways and what is staff to do with new applications for new stairways? 336 October 12, 1993 After discussion the following was determined. The Building Official is to draw a policy which would say: 1. New stairways shall meet the Uniform Building Code and the standards. Existing stairways shall be considered legal nonconforming uses unless they are structurally unsafe (a percentage to be determined by the Building Official). As long as they are safe, permits will continue and be considered a legal nonconforming use. If the stairways are replaced, they have to meet the new standards. If they are unsafe based upon the criteria set, then they have to be replaced at the time of the application. The Council directed the Building Official to write the criteria. 1.5 RESOLUTION DECLARING OCTOBER 27, 1993, AS "UNFUNDED MANDATE DAY" IN THE CITY OF MOUND Johnson moved and Ahrens seconded the following resolution: RESOLUTION//93-136 RESOLUTION ON UNFUNDED MANDATES The vote was unanimously in favor. Motion carded. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.6 DISCUSSION: POSSIBLE DISSOLUTION OF THE LMCD The Mayor stated that this item is on the Agenda to get a feel for the Council's position on dissolving the LMCD. The Mayor stated that he attended a recent LMCD Mayor's Meeting which was supposed to be an informational meeting to allow better communication between the cities and the LMCD. Before they got very far, the Mayor of Orono starting talking about dissolving the LMCD. Mayor Johnson stated he asked the remainder of the Mayors to bring the dissolution of the LMCD up at their Council meetings to get a feel for the majority's feelings. Mayor Johnson stated there has not been a suggestion of a workable alternative to the LMCD. The Council did not express an interest in dissolving the LMCD. They agreed that they did not have a better alternative. They did, however, feel that there should be some changes made in the LMCD: more accountability to the cities; cities should have more involvement through their representative. 337 October 12, 1993 No action was taken. 1.7 SET BID OPENING FOR CENTRAL BUSINESS DISTRICT PARKING - SNOW REMOVAL- 1993-94 MOTION made by Smith, seconded by Johnson to set November 1, 1993, to open bids for snow removal in the Central Business District - 1993-94, for November 1, 1993, at 11:00 A.M. The vote was unanimously in favor. Motion carried. 1.S PAYMENT OF BILLS MOTION made by Smith, seconded by Johnson to authorize the payment of bills as presented on the pre-list in the amount of $309,779.56, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Department Head Monthly Reports for September 1993. B. REMINDER; Interviews for Park & Open Space vacancies are scheduled for Thursday, October 14, 1993, 7:00 P.M. Please plan on attending the interviews. C. Thank you letter written to 12 Housing Evaluators who attended the informational meeting on a proposed Truth in the Sale of Housing Ordinance with the Planning Commission on September 27, 1993. D. LMCD Mailings. E. Letter from a Watertown resident on the crosswalk issue at House of Moy. F. Memo scheduling a meeting with Spring Park and Orono on traffic congestion problems at County Road 15 & 51, Spring Park. Meeting is scheduled for Friday, October 15, 1993, 10:30 A.M., Mound City Hall. G. Planning Commission Minutes of September 27, 1993. H. REMINDER: C.O.W. meeting, Tuesday, October 19, 1993, 7:30 P.M. I. REMINDER; League of Minnesota Cities 1993 Regional Meeting, october 21, 1993, Brooklyn Center. If interested in attending, please let Fran know ASAP. 338 October 12, 1993 REMINDER: West Hennepin Human Services Planning Board, November 2, 1993 - Andrea Ahrens; December 7 - Ken Smith. K. REMINDER: Special Recycling day, Saturday, October 16, 1993, 8 A.M. to 4 P.M. Attest: City Clerk MOTION made by Jensen, seconded by Ahrens to adjourn at 8:35 P.M. The vote was unanimously in favor. Motion carried. ~l~ard J. Shukle, ~l.r., City Manager 339 BILLS. October 12, 1993 Batch 3093 $152,751.12 Batch 3094 157,028.44 Total Bills $309,779.56