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1994-06-28June <2~, 1994 MINUTES - MOUND CITY COUNCIL - JUNE 28, 1994 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 28, 1994, 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. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Planner Bruce Chamberlain, Building Official Jon Sutherland, City Engineer John Cameron and the following interested citizens: Mary Ament-Johnson, Michael Henry, Ann Eberhart, Tracy & Mark Walstrom, Dustin Frantsen, Holly Wolverton, Bill Knosalla, Louis Zsabo, Sharron Zsabo, Tim Zsabo, Carol Johnson, Thomas & Debbie Hall, Diane Akey, John Costello, Marge & Curt Olson, Paul Erickson, John Blumentritt. 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 Jessen to approve the Minutes of the June 14, 1994, Regular Meeting, and the June 21, 1994, Committee of the Whole Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 CASE//94-28; RESOLUTION APPROVING THE PRELIMINARY PLAT FOR A PLANNED DEVELOPMENT AREA KNOWN AS PEI.ICAN POINT - BOYER DEVELOPMENT CORPORATION. The City Planner presented the resolution that has now been prepared for Pelican Point. The recommendations discussed at the last Council Meeting have been included in this resolution. Jensen moved and Ahrens seconded the following resolution: RESOLUTION/194-78 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING PRELIMINARY PLAT APPROVAL AND APPROVAL OF A PLANNED DEVELOPMENT AREA (PDA) WITH VARIANCES AS NOTED FOR PELICAN POINT MULTI-FAMILY RESIDENTIAL DEVELOPMENT The vote was unanimously in favor. Motion carried. 315 June 28, 1994 1.2 APPROVAL OF ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR PELICAN POINT. The City Planner explained the EAW for Pelican Point is completed. This EAW addresses all aspects of the project so reviewers can evaluate the full realm of project impacts. He further explained that the City Council is acting as the "Responsible Governmental Unit" (RGU) in regard to the EAW and is responsible for its approval, distribution and evaluation. MOTION made by Jensen, seconded by Jessen to approve the Pelican Point Environmental Assessment Worksheet (EAW) and authorizes its distribution to the appropriate agencies. The vote was unanimously in favor. Motion carried. 1.3 RESOLUTION OF DENIAL, ROD LARSON & MYRNA NOYD, 2976 HIGHLAND BLVD., PID//23-117-24 41 0016, VARIANCE FOR GARAGE ADDITION. The Building Official stated that at the last meeting the Council directed staff to prepare a resolution of denial. The proposed resolution was presented. Jessen moved and Ahrens seconded the following resolution: RESOLUTION g93-79 RESOLUTION DENYING THE REQUEST OF ROD LARSON AND MYRNA NOYD OF 2976 HIGHLAND BLVD. FOR A VARIANCE TO CONSTRUCT A GARAGE ADDITION ON PID//23-117-24 41 0016 The vote was unanimously in favor. Motion carded. 1.4 CASE//94-30: MARK WALSTROM, 4872 LESLIE ROAD, LOTS 8 & E 1/2 OF 9, BLOCK 21, WYCHWOOD, PID//24-117-24 41 0021, VARIANCE FOR FENCE. The Building Official explained that the applicant is seeking a 2 foot fence height variance for a portion of the yard fronting on Monmouth Road. The staff and the Planning Commission have recommended denial of the request because it is inconsistent with the zoning ordinance provisions regarding fences and other alternatives are available, such as planting foliage. The applicant stated that their property line is 1 foot from the wood retaining wall and plantings would damage the wall. The Council discussed the request. MOTION made by Jessen, seconded by Jensen to deny the request for a fence height variance to allow a 6 foot fence and asked staff to work with the applicant on a 4 foot high conforming fence. The vote was unanimously in favor. Motion carried. 316 June 28, 1994 1.5 CASE//94-31: MICHAEL & CAROL JOHNSON, 1739 SHOREWOOD LANE, LOTS 13 & 14. BLOCK 5. SHADYWOOD POINT, pID #13-117-24 11 0030, VARIANCE FOR PORCH. The Building Official explained the request. The Planning Commission 'recommended approval. Ahrens moved and Jensen seconded the following resolution: RESOLUTION//94-80 RF~OLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF A CONFORMING PORCH AT 1773 SHOREWOOD LANE, LOTS 13 & 14, BLOCK 5, SHADYWOOD POINT, PID #13-117-24 11 0030, P & Z CASE//94-31 The vote was unanimously in favor. Motion carried. 1.6 CASE ~94-32: JAMES PETERSON, 2561 WEXFORD LANE, LOTS 4-13, BLOCK 7. SETON, PID #24-117-24 14 0001, VARIANCE FOR DECK, The Building Official explained the request. The Planning Commission recommended approval, including required compliance to the conditions listed within Resolution//93-128. Jessen moved and Ahrens seconded the following resolution: RESOLUTION//94-81 RESOLUTION TO APPROVE A VARIANCE FOR A : NONCONFORMING DECK AT 2561 WEXFORD LANE, LOTS 4-13, BLOCK 7, SETON, PID #24.117-24 ~ 14 0001, P & Z CASE//94-32 The vote was unanimously in favor. Motion carried. 1.7 CASE//94-33: CURTIS & MARJORIE OLSON, 4801 ISLAND VIEW DRIVE, LOTS 1 & E3' OF 2, BLOCK 13, DEVON, PID #25-117-24 11 0122, VARIANCE FOR DECK. The Building Official explained that the applicant is seeking variance to reconstruct an existing nonconforming deck. The deck is nonconforming to the 50 foot lakeshore setback by approximately 10 feet and also to the rear yard setback by approximately 9 feet. The existing dwelling is nonconforming to the 20 foot front yard setback by 19.85 feet. The site grossly exceeds the maximum hardcover due to the minimal lot size of 4,300 square feet +/-. The additional green space on the right-of-way, the commons, and the right-of-way access to the east 317 June 28, 1994 lessens the impact of this excessive hardcover. The Planning Commission recommended approval, (3 to 3 vote), as recommended by staff, with the exception that a 12 foot deck be allowed to be constructed as long as the deck does not encroach over the property line. The Council discussed the minimum variance which would allow a 10 foot deck and would lessen the nonconformance. The Building Official explained that the applicant could do repairs to the present deck and keep the 12 foot deck, but would like to replace it. The Council also discussed the need to be consistent in their decisions on such matters. Ahrens moved the following resolution: RESOLUTION g94-82 RESOLUTION TO APPROVE A VARIANCE TO ALLOW RECONSTRUCTION OF A NONCONFORMING DECK AT 4801 ISLAND VIEW DRIVE, LOT 1. & .E 3' OF 2, BLOCK 13, DEVON, PID # 25-117-24 11.0122, P & Z CASE//94-33 The motion died for lack of a second. The Council discussed allowing only a 10' deck, if it were replaced and decided that was the minimum variance. The Council asked that all references to the 12' deck in the resolution after the Now, Therefore, Be It Resolved, be changed to a 10' deck. Also that g2.b. be changed to read as follows: "A 10' deck may be constructed." Jensen moved and Jessen seconded the following resolution: RESOLUTION//94-82 RESOLUTION TO APPROVE A VARIANCE TO ALLOW CONSTRUCTION OF A 10 FOOT DECK AT 4801 ISLAND VIEW DRIVE, LOT 1 & E 3' OF 2, BLOCK 13, DEVON, PID # 25-117-24 11 0122, P & Z CASE #94-33 Councilmember Ahrens stated she is in favor of allowing a 12' deck because it is already there and that a 10' deck is not functional. The vote was unanimously in favor. Motion carded. 1.8 CASE g94-34: DUSTIN FRANTSEN, 2901 MEADOW LANE, LOTS 1 & 9, BLOCK 5, MINNF~qOTA BAPTIST SUMMER ASSEMBLY, PID #23-117-24 42 0104, VARIANCE FOR GARAGE. The Building Official explained the request. The Planning Commission recommended approval. 318 # i & ,i &,l, & ,ia ~ , lune 21t, 1994 The original request was for a street vacation of a portion of unimproved Glenwood Road. The City Engineer's report was not favorable for a vacation because there are utilities in this street and several lots on the unimproved section that could someday be developed. The City Engineer's recommendation was to allow this private driveway in City right-of-way to allow access to the proposed garage. Then, if and when an additional building site is created on the north side that the street be improved to City standards and cost assessed to abutting, benefited properties, which would include the parcel now owned by the applicant for this variance. The City Attorney stated that the applicant needs to understand that whatever improvements are put in the unimproved right-of-way may be disturbed if City utilities need to be dug up and it would be the applicant's responsibility to put their improvements back, not the City's. The City is only allowing the applicant to use the unimproved right-of-way for access to their property. The Building Official stated he would like to add one condition that was not in the proposed resolution: "The applicant will remove the existing rock driveway on Lot 1." Ahrens moved and Jensen seconded the following resolution: RESOLUTION//94-83 RESOLUTION TO APPROVE A VARIANCE TO ALLOW CONSTRUCTION OF A CONFORMING DETACHED GARAGE AT 2901 MEADOW LANE, LOT 1 & 9, BLOCK 5, MINNESOTA BAPTIST SUMMER ASSEMBLY, PID//23-117-24 42 0104, P & Z CASE//93-34 The vote was unanimously in favor. Motion carried. The Building Official asked if a Construction on Public Lands Permit was needed to construct their driveway on a public right-of-way? The City Attorney stated the whole purpose of having an easement for street purposes is so that people can use it to get to and from something. Therefore a Construction on Public Lands Permit is not necessary. 1.9 CASE//94-35: LOUIS, SHARRON & TIMOTHY ZSABO, 5135 DRUMMOND ROAD, LOTS 9 & 10, BLOCK 14, WHIPPLE, PID //25-117-24 12 0114, VARIANCE FOR ADDITION. The Building Official explained the request. The Planning Commission recommended approval. The Council commended the applicant for the revisions to the application that were made to allow the minimum variance. Jessen moved and Jensen seconded the following resolution. 319 June 28, 1994 RESOLUTION//94-84 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION AT 5135 DRUMMOND ROAD, LOTS 9 & 10, BLOCK 14, WHIPPLE, PID //25-117-24 12 0114, P & Z CASE g94-35 The vote was unanimously in favor. Motion carded. 1.10 CASE//94-36: THOMAS HALL, 4994 BARTLETT BLVD., LOT 4, BLOCK 3, JOHN S. CARLSON ADDITION, PID #13-117-24 43 0040, VARIANCE FOR DECK. The Building Official explained the request. The Planning Commission recommended approval. Ahrens moved and Jessen seconded the following resolution: RESOLUTION//94-85 RESOLUTION TO APPROVE A VARIANCE TO 4994 BARTLETT BLVD., LOT 4, BLOCK 3, JOHN S. CARLSON ADDITION, PID//13-117-24 43 0040, P & Z CASE//94-38 The vote was unanimously in favor. Motion carried. 1.11 CASE//94-38: MICHAEL JOHNSON, 1721 GULL LANE, LOTS 5.6.7. BLOCK 14, DREAMWOOD, PID //13-117-24 13 0014, VARIANCE FOR GARAGE ADDITION. The Building Official explained the request. The Planning Commission recommended approval. Ahrens moved and Jensen seconded the following resolution: RESOLUTION//94-86 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING FRONT YARD SETBACK TO ALLOW A CONFORMING GARAGE ADDITION AT 1721 GULL LANE, LOTS 5, 6, 7, BLOCK 14, DREAMWOOD, PID//13-117-24 13 0014, P & Z CASE//94-38 The vote was unanimously in favor. Motion carried. 320 June ~g, 1904 1.12 CASE 04-40: DIANA AKEY, 1920 SHOREWOOD LANE, LOT 6, BLOCK 2 SHADYWOOD POINT, PID #18-117-23 23 0008, VARIANCE FOR DETACHED GARAGE. The Building Official explained the request. The Planning Commission recommended approval. Jensen moved and Ahrens seconded the following resolution: RESOLUTION//94-87 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SITUATIONS TO ALLOW CONSTRUCTION OF A NONCONFORMING DETACHED GARAGE AT 1920 SHOREWOOD LANE, LOT 6, BLOCK 2, SHADYWOOD POINT, PID #18-117-23 23 0008, P & Z CASE//94-40 The vote was unanimously in favor. Motion carried. 1.13 CASE//94-42: PAUL & VIRGINIA ERICKSON, 1564 CANARY LANE, LOTS 7 & $, BLOCK 4, WOODLAND POINT, PID #12-118-24 43 0013, VARIANCE FOR PORCH. The Building Official explained that the request is to remove an existing deck and replace it with a three season porch. The Council discussed the fact that there is property adjacent to this that is city property that is being used for drainage & utility purposes. The City Attorney stated that the property could be sold retaining the drainage and utility easements, which would not allow anyone to build over it, but it would make the applicants property more conforming. The Staff will check into the sale of the adjoining property. The Planning Commission recommended approval. Jensen moved and Jessen seconded the following resolution: RESOLUTION #94-88 RESOLUTION TO APPROVE AN IMPERVIOUS SURFACE COVERAGE VARIANCE TO ALLOW CONSTRUCTION OF A PORCH AT 1564 CANARY LANE, LOTS 7 & 8, BLOCK 4, WOODLAND POINT, PID #12-117-24 43 0013, P & Z CASE//94-42 The vote was unanimously in favor. Motion carried. 321 June 28, 1994 1.14 CASE #94-4;~; WILIJA1VI & DEDRA KNOSALLA, 1705 EAGLE LANE, LOT 1 ~ 2, BLOCK 12, DREAMWOOD, PID //13-117-24 12 0064, VARIANCE FOR GARAGE ADDITION. The Building Official explained the request. He reported that the neighbor to the west has concerns about increased drainage. The applicant has developed a plan to deal with increased drainage which was given to the Council tonight. The City Attorney suggested the following change in the proposed resolution to read as follows: "l.b. The City Council notes and recognizes the applicant's letter of June 26, 1994, relating to drainage and directs staff to work with the applicant to resolve and/or improve the drainage problem." The Council agreed. Jensen moved and Jessen seconded the following resolution: RESOLUTION//94-89 RESOLUTION TO APPROVE A FRONT YARD SETBACK VARIANCE AND IMPERVIOUS COVERAGE VARIANCE TO ALLOW CONSTRUCTION OF A CONFORMING GARAGE ADDITION AT 1705 EAGLE LANE, LOTS 1 & 2, BLOCK 12, DREAMWOOD, PID//13-117-24 12 0064, P & Z CASE g94-43 The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.15 APPLICATION FOR PUBLIC LANDS PERMITS: DOCK SITES - 12550 & 22360. The Building Official explained that Dock Site//22360 should be deleted from this action and resolution because Mr. Botko has removed the electrical outlet from the Commons. He further explained that Dock Site//12550 had an old concrete block stairway that was in very poor condition. Staff recommended removal and the applicant was unable to do this by herself. A volunteer will be removing it for her. The dock site has not been used for many years. Jessen moved and Jensen seconded the following resolution: RESOLUTION//94-90 RESOLUTION TO APPROVE REMOVAL OF PRIVATE STRUCTURES ON PUBLIC LANDS FOR DOCK SITE//12550 322 June 28, 1994 The vote was unanimously in favor. Motion carried. 1.16 APPLICATION FOR PUBLIC LANDS PERMITS; DOCK SITES - 02665, 13810~ 31360. 31390 AND 51030. The Building Official explained that the Park & Open Space Commission has recommended approval of the three stairways. The Building Official explained that the Park & Open Space Commission at its April 14th meeting, recommended removal of the light, and tabling the portion of the request relating to the outlet and the pump in order to determine the respective benefits. At the June 9th POSC Meeting, they recommended the outlet, light and pump be permitted according to #15 of the flow chart, "Grant permit up to 3 years and renewable." The Council discussed Dock Site #13810 which has an electric outlet, pump (for an underground watering system), and electric light. The Council suggested that the light should conform to the Lighting Guidelines, with regard to shielding the light from shining on the lake and only lighting the dock area. The Council questioned whether the pump needs to be on the dock or could it be on the owner's property. The applicant was present and explained that the gray box on the shoreline is just a cover box to cover the pipes that go to the underground sprinkling system. The pump itself is on the dock and plugs into the electrical outlet that is on the post. The Council discussed the fact that there is nothing on the Commons visible to suggest that this is a private area. Councilmember Ahrens stated that allowing Mr. Riebe to water his lawn and the Commons with lake water keeps him from having to use fertilizers. The Council asked that a statement be added to the proposed resolution regarding Dock Site #13810 which reads: "Light to conform to the Lighting Guidelines and as approved by the Park Director.' The applicant agreed. Jessen moved and Ahrens seconded the following resolution: RESOLUTION//94-91 RESOLUTION TO APPROVE A SPECIAL PERMIT FOR PRIVATE STRUCTURES ON PUBLIC LAND FOR DOCKSITES 51030, 31360, 31390, 02665 AND 13810 The vote was unanimously in favor. Motion carried. 1.17 APPLICATION FOR PUBLIC LANDS PERMIT: DOCK SITE #42351, MICHAEl, HENRY, 4737 ISLAND VIEW DRIVE (FORMERLY DEAN HANUE PROPERTY). The Building Official explained that the City and the previous owner were involved in litigation and the City obtained an order from removal of a boathouse on the Commons. The restoration 323 June 28, 1994 of the Commons is still incomplete and the new owner Michael Henry has revised the plans for the abutting Commons and seeks permits to lower the height of the existing retaining walls, modify the slope to a more natural grade, and fill in the old boathouse. The plan utilizes existing materials on site. The proposal is a combination of the applicant's initial request and staff's recommendations. The Park Commission recommended approval with conditions. The applicant was present. The Council discussed how this ties into the property next door. The Building Official explained that is one of the reasons this recommendation is being made. He further stated that the retaining walls on the property were constructed by the former owner without a permit from the City. Michael Henry stated that the retaining walls on the Commons are very good construction. He stated that the only reason he agreed to do this is because Mound has his $3,000 in escrow. He stated that he has had 5 different contractors come out and look at the retaining walls and they think it is crazy to take them down. He stated he was under duress, 3 days before closing on his house, and that is why he agreed with the staff recommendation. The City Manager commented that Mr. & Mrs. Henry came in an visited with staff about a month before they purchased the property wanting to know what the City expected of them should they purchase the property. At that time things were outlined for them and they were told that it was not the City's responsibility to put together a plan for them and get the work done so that they could purchase the property from Mr. Hanus. The City Manager stated that he feels the Henrys were hoping that the City would put something together for them that would solve their problems. There were a series of meetings with the Henrys and if anyone was under duress, it was probably the City because of the pressure Mr. Hanus was putting on the Henrys and in turn the Henrys put on the City. The City already negotiated this with the Henrys. The City Attorney pointed out that the City had a Lis Pendens filed against this property and the court had ordered Mr. Hanus to remove his encroachments on the Commons and restore the Commons. The court gave Mr. Hanus a year to do so. Thus, the City was not in a position to move forward on this because he had a year to complete the action. The City took the position that if Mr. Hanus did not restore the property within the year that the City would have gone to the court and asked permission to restore the Commons and charge it against the Hanus property. Mr. Hanus voluntarily, once the court made the order, took down part of the boathouse (left the foundation). The City Attorney pointed out that Mr. Henry knew there was a Lis Pendens and there was an obligation of Mr. Hanus. Then Mr. Henry stepped into Mr. Hanus' shoes, thus assuming his responsibility. Mr. Henry stated that he understood that. Mr. Henry then complained that the property next door does not have Escrow money with the City. The City Attorney stated that the Commons problem on the Munson property had different circumstances and was resolved without a trial. The two issues were not the same. The Munson issue was with existing structures. The Hanus issue was about structures that were 324 u I& i I, ,k I,,~, & & I, June ~9, 1004 built without permits or approval of the City. The City Manager stated that Mr. Henry has signed an Agreement to restore the commons shoreline to a more natural state and restore the boathouse area to the flood plain level. The Council discussed item g. in the resolution. The City Attorney suggested the following wording be revised to read as follows: "The document (a copy of this resolution) shall not be filed if the property owner completes the work on or before January 15, 1995. If the work is not done by such date, a copy of this resolution granting a special permit shall be filed as a memorial in the office of the registrar of rifles of Hennepin County or in the office of the County Recorder if the property is abstracted property. The legal description of this property affected by this permit is: Lot 7, Block 7, Devon. The applicant shall file and pay the costs of filing a Certified copy of this resolution. A copy of the recorded document with all recording data shown by proper County officials shall be submitted to the City Clerk." Jensen moved and Jessen seconded the following resolution: RESOLUTION//94-92 RESOLUTION TO APPROVE A SPECIAL PERMIT FOR PRIVATE STRUCTURES ON PUBLIC LAND INCLUDING A RETAINING WALL, STAIRWAY, AND LAND ALTERNATIONS ON DEVON COMMON ABUTTING 4737 ISLAND VIEW DRIVE, LOT 7, BLOCK 7, DEVON, DOCK SITE//42351 The Council discussed expenses that may be charged against the Escrow of $3,000. The Building Official stated that they expect the costs to be minor. The vote was unanimously in favor. Motion carried. 1.18 RESOLUTION APPROVING OPERATIONS PERMIT FOR INFINITI MARKETING, INC., 5318 SHORELINE DRIVE (BALBOA BLDG.). The Building Official stated that at the last meeting the Council directed staff to prepare a resolution of approval. The proposed resolution was presented. Jensen moved Ahrens seconded the following resolution: RESOLUTION g94-93 RESOLUTION TO APPROVE AN OPERATIONS PERMIT FOR INFINITI MARKETING, INC., 5318 SHORELINE DRIVE (BALBOA BUILDING) The vote was unanimously in favor. Motion carried. 325 June 28, 1994 1.19 RESOLUTION DESIGNATING CERTAIN AREAS AS NATURE CONSERVATION AREAS (NCA'$) IN THE CITY OF MOUND. The City Manager stated that at the COW Meeting last week the recommendations from the POSC for Nature Conservation Areas were reviewed. Based upon those recommendations, the City Council chose 3 properties to be considered Nature Conservation Areas. He presented the proposed resolution. The three parcels are: PID//23-117-24 31 0077,//23-117-24 22 0003, and #14-117-24 31 0013 & 0014. The Council discussed storm water management. The City Attorney suggested that the Council could add to the third Whereas, the following: "It should be understood that this resolution does not preclude future action by the City Council to use this property as a part of the City's water management program; and". Also the Now, Therefore Be It Resolved should read as follows: " ..... that the City Council of the City of Mound, Minnesota, hereby designates the following as Nature Conservation Areas under the definition and the conditions set forth above:" ..... the The Council agreed to add the language suggested by the City Attorney. Jessen moved and Jensen seconded the following resolution: RESOLUTION//94-94 RESOLUTION DESIGNATING CERTAIN AREAS AS NATURE CONSERVATION AREAS IN THE CITY OF MOUND The vote was unanimously in favor. Motion carded. 1.20 APPROVE PLANS AND SPECIFICATIONS AND SET BID DATE RE: JOINT PUBLIC WORKS STORAGE SITE, CITY OF MINNETRISTA AND ADVERTISING FOR BIDS ON THE PROJECT. The City Engineer presented the plans for the storage site. He reported that the plan is generally the same as the preliminary plan, with more detail. The schedule is that the City of Mound needs to submit and application to the City of Minnetrista for a Land Use Permit (Grading Permit) which will go to their Planning Commission the last Monday of July. The following Monday to the Minnetrista City Council. He asked the Council to set the bid opening for July 29,, 1994, which will be between those two meetings. He will be submitting an application to the Watershed District this week. Their meeting is the 21st of July. If all this falls into place the contractor who gets the bid should be ready to start the project by the middle of August. He estimated that completion date should be about October 1. MOTION made by Jessen, seconded by Ahrens to approve the plans and specifications and set the bid opening for the Site Grading and Access Road Reconstruction Mound/Minnetrista Public Works Material Storage Site for July 29, 326 Ill # I & ~ &,l, i J June 28, 1994 1994, at 11:00 A.M. The vote was unanimously in favor. Motion carried. 1.21 APPOINTMENTS TO SUBURBAN AIJJANCE BOARD. The City Manager reported that there are two positions open on the Suburban Alliance Board of Directors for the City of Mound. He stated he contacted Kiki Sonnen of WECAN and obtained two names of people who might be interested in serving. They are Charles Pugh and Roberta Cook. The City Manager reported that Charles Pugh has stated he is interested and we are waiting for Roberta Cook's acceptance. The Council discussed funding for Suburban Alliance. The Council also asked that the people appointed be requested to submit regular reports to the Council on what is happening. Jessen moved and Jensen seconded the following resolution: RESOLUTION//94-95 RESOLUTION APPOINTING CHARLES PUGH AND ROBERTA COOK TO THE SUBURBAN ALLIANCE The vote was unanimously in favor. Motion carried. 1.22 LICENSES - OUR LADY OF THE LAKE CATHOLIC CHURCH - INCREDIBLE FESTIVAL MOTION made by Ahrens, seconded by Jensen to authorize issuance of the following licenses to Our Lady of the Lake Catholic Church for the Incredible Festival to be held July 30 and 31, 1994: Non-Intoxicating Malt Liquor Permit Set-Up Permit - Fee Waived Public Dance Permit - Fee Waived The vote was unanimously in favor. Motion carried. 1.23 APPROVE PAYMENT REQUEST #1 WATER METER READ SYSTEM SCHLUMBERGER INDUSTRIES - $25,433,40. MOTION made by Jensen, seconded by Johnson to approve Payment Request #1 from Schlumberger Industries for the water meter reading system in the amount of $25,433.40, when funds are available. The vote was unanimously in favor. Motion carried. 327 June 28, 1994 1.24 PAYMENT OF BILLS Councilmember Ahrens sated that she did not think the $475.00 for concrete for the fishing pier at Centerview Beach should be charged to the Dock Fund. The City Manager agreed and stated that is in error and will be taken from Parks. Councilmember Ahrens asked that the following bills be voted on separately: Concept Landscaping Inc, $660.00 - wall installation (Munson property) charged to 81-4350-5300; and McCombs Frank Roos, $108.00 - mitigation plan (Munson property) charged to 81-4350-5300. MOTION made by Jensen, seconded by Jessen to authorize the payment of bills in, the amount of $140,506.02, when funds are available. A roll call vote was unanimously in favor. Motion carried. MOTION made by Johnson seconded by Jensen to pay the following: Concept Landscaping Inc, $660.00 - wall installation (Munson property) charged to 81-4350-5300; and McCombs Frank Roos, $108.00 - mitigation plan (Munson property) charged to 81-4350-5300. A roll call vote was 3 in favor with Ahrens voting nay. Motion carried. 1.25 ADD-ON - SET PUBLIC HEARING MOTION made by Jessen, seconded by Ahrens to set July 26, 1994, 7:30 P.M. for a public hearing to consider an amendment to a Conditional Use Permit approve by Resolution //85-37 for a Planned Industrial Area at 5300-5400 Shoreline Drive (Balboa Building), Balboa Addition, PID //13-117-24 34 0096. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Financial Report for May 1994, as prepared by Gino Businaro, Finance Director. B. L.M.C.D. mailings. C. Park & Open Space Commission Minutes of June 9, 1994. D. Planning Commission Minutes of June 13, 1994. 328 Fe Go ]une 2R, 1994 Preliminary population and household estimate (April 1, 1993) for the City of Mound, as prepared by the Metropolitan Council. Letter of Application for the Planning Commission vacancy. Interviews will be conducted by the Planning Commission at their meeting June 27, 1994, beginning at 7:30 P.M. You are invited to attend. Proposed amendments to Hennepin County's Recycling Ordinance. Proposed amendments require commercial waste generators to separate high grade office paper, corrugated cardboard, aluminum cans, glass bottles and jars, and wood pallets from their normal trash for recycling. The public Service Committee will be meeting on June 30, 1994, to discuss. Also, on June 30th, the Public Service Committee will be considering a revised Recycling Funding Policy for 1995-1999. The revised Recycling Funding Policy proposes that recycling grants from Hennepin County to cities be limited to a distribution of and annual SCORE revenues which Hennepin County receives from the State. The policy also allows cities which do not contract for curbside recycling service to retain up to 10% of the grant funds for administration and promotional expenses. MOTION made by Ahrens, seconded by Jessen to adjourn at 10:15 P.M. The vote was unanimously in favor. Motion carried. Attest: City Clerk ]~ward J. ShuL: Jr., Cit~ Manager 329 BILLS June 28, 1994 BATCH 4062 Total Bills $141,261.64 $141,261.64