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1986-08-12119 August 12, 1986 MINUTES - MOUND CITY COUNCIL - REGULAR MEETING AUGUST 12, 1986 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 12, 1986, at 7:30 P. M. in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Couneilmembers Phyllis Jessen, Gary Paulsen, Russ Peterson and Steve Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Engineer John Cameron, Building Official Jan Bertrand, and the following interested citizens: Douglas Eaton, Bernice and Harry Putt, Dorothy Rauschendorfer, Geri Frey, Dotty O'Brien, Stephen Burke, Cheryl Grand, Mike Mueller, Richard Smith, Thomas Bergquist. Mayor Polston .opened the meeting and welcomed the people in attendance. MINUTES The Minutes were presented for consideration. MOTION made by Peterson, seconded by Paulsen to approve the Minutes of the July 22, 1986, Regular Council, Meeting as presented. The vote was unanimously in favor. Motion carried. ,PUBLIC HEARING• AMENDMENT THE ZONING CODE RECREATION EQUIP- MENT DEFINITION & MODIFY EXTERIOR STORAGE PRO- VISIONS (SECTION 23.702) The Building Official explained that the definition for Recreation Equipment only allows, "...unoccupied boats, and trailers not exceeding twenty feet in length..." which she and the Planning Commission feel is too restrictive. Also under Section 23.702, "Boats and unoccupied trailers are permissible if stored in the rear yard more than ten (10) feet from the property line," is also felt to be too restrictive considering a number of lots in Mound front on three streets, are lakeshore or have other unusual terrain. This amendment would allow storage in front yards excluding the front yard setback area. The Mayor opened the public hearing and asked if there was anyone present who wished to address the Council regarding this ordinance amendment. No one responded. The Mayor closed the public hearing. Councilmember Smith stated he would like to see driveways included as a permissible area for storage of recreation equipment even if the area of storage is within the front yard 120 August 12, 1986 setback. The City Attorney pointed out that this amendment would make this section much less restrictive than the current ordinance. There was discussion on the high cost of applying for a Conditional Use Permit for exterior storage. Mayor Polston and Councilmember Jessen stated they would like to see a lesser fee in this case but that they did not like the idea of people storing items at the end of their driveway which could cause a safety hazard within the front yard setback. Mayor Polston stated that he would like to see language in ~2 which now reads "Stored equipment shall be regisered to the owner or renter of the property", to include leased equipment. The City Attorney suggested adding, "or shall be leased or rented to the owner or renter of the property". The Council agreed. Polston moved and Jessen seconded the following: ORDINANCE $~88 AN ORDINANCE AMENDING CHAPTER 23 OF THE. CITY CODE, SECTION 23.301 (92) DEFINITION OF RECREATION EQUIPMENT AND SECTION 23.702 RELATING TO EXTERIOR STORAGE MOTION made by Smith to amend the above adding to #1, "a driveway shall not be a prohibited areas. The motion died for lack of a second. The vote was 4 in favor with Smith voting nay. Motion carried. S~'T DATE FOR PUBLIC HEARING• PROPOSED EASEMENT VACATION ON LOTS ~, ~ 6, BLOCK 4, REPEAT OF HARRISON ~~~ MOTION made by .Jessen, seconded by Paulsen to set August 26, 1986, at 7:30 P.M. for a public hearing to consider a proposed easement vacation on Lots 5 ~ 6, Block ~, Replat of Harrison Shores. The vote was unanimously in favor. Motion carried. SASE #SO7 ~ 508- FINAL PLAT APPROVAL FOR SETON PLACE, RICHA D $MTTH~ PTD #24-117-2~ 1~ 00~7/00~8/0039/001~ Tom Bergquist and Richard Smith were present. Mr. Bergquist stated that he feels all items required when preliminary approval was given have been done. The City Engineer stated he has som a problem s with the utilities because of the MWCC lift station. The sanitary sewer and water 121 August 12, 1986 plan which was submitted before the meeting will take care of that, but the storm sewer that runs under Wilshire Blvd. and drains into the ditch in front of the lots will need to be revamped. He stated he has checked with the Minnehaha Creek Watershed District and they are agreeable to a plan that would extend the storm sewer pipe into the ditch to the west edge of the driveway on Lots 1 and 2 and then fill in that ditch. Paulsen moved and Polston seconded the following resolution: RESOLUTION X86-92 RESOLUTION TO APPROVE THE FINAL PLAT OF SETON PLACE PID X24-117-24 14 0037/0038/ 0039/0013, LOTS 7, 8, & 9, BLOCK 29, AND PART OF LOT 6, BLOCK 18, SETON, P.C. CASE #86-507 & 508 INCLUDING THE CITY ENGINEER'S RECOMMENDATIONS ON THE STORM SEWER AND DRAINAGE DITCH The developers voiced disagreement with the storm sewer and drainage ditch plan. Councilmember Peterson suggested delaying action on the item until further study can be done on the drainage ditch issue. Councilmember Paulsen withdrew his motion. MOTION made by Polston, seconded by Smith to delay action on this item until the next meeting in order to further study the drainage ditch/storm sewer issue. The vote was unanimously in favor. Motion carried. CASE X86-528• MUELLER/LANSING PROPERTIES,. 2240/2242/2244/224 COMMERCE BLVD ,, ADDITIONAL SIGN VARIANCE REQUEST Mr. Mike Mueller was present and explained that he now has a prospective tenant who would like to have 2 businesses in one area and therefore would like two signs. He stated they are allowed 261 square feet of sign and with the extra sign would still only be using 216 square feet. There would be 5 signs across the roof on the west sign of the building and 1 on the north side. Smith moved and Peterson seconded the following resolution: RESOLUTION X86-92 RESOLUTION AMENDING RESOLUTION 86-86 TO ALLOW A SIXTH ROOF SIGN FOR MUELLER/- LANSING PROPERTIES, 2240/2241/2244/2246 COMMERCE BLVD. The vote was unanimously in favor. Motion carried. PRESENTATION BY WESTONKA SENIOR CENTER Ms. Bernice Putt was present representing the 4Jestonka Senior 122 August 12, 1986 Center. She introduced the group that was with her. She then explained the activities and participation in the Center in detail. The Council complimented the Seniors on having such a wonderful organization. Ms. Putt then presented the City Council with a Certificate of Recognition for the City of Mound for all the help and funding the City has given in the past. FINAL PAYMENT REC?UEST• PORT HARRISON TOWNHOMES, YOLK TRUCKING AND EXCAVATING,. $512.12 MOTION made by Peterson, seconded by Smith to approve the final payment request of Volk Trucking & Excavating in the amount of $512.12 for Port Harrison Townhomes. The vote unanimously in favor. Motion carried. APPOINTMENT OF ELECTION JUDGES Paulsen moved and Jessen seconded the following resolution: RESOLUTION #86-93 RESOLUTION APPOINTING THE ELECTION JUDGES AS RECOMMENDED FOR THE PRIMARY AND GENERAL ELECTIONS SEPTEMBER 9, 1986 AND NOVEMBER 4 , 1986 The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there was anyone present w ho wished to make a comment or suggestion to the City Council. DOUG EATON, 2611 Setter Circle, stated he was here to complain about a car that was towed out of his yard today as authorized by the Mound Police Dept. for being a derelict auto. He complained about the procedure followed in notification and finally the towing. The Mayor explained why this. derelict auto ordinance is needed. The Mayor stated that Mr. Eaton's story and the report from the Officer did not coincide. He and Councilmember Smith suggested that the City Manager look into this situation and get back to Mr. Eaton. STEPHEN BURKE, 1741 Blue Bird Lane, stated that he is representing a number of people in the Dreamwoad Addition of Three Points who would like to request that the Council allocate more money in next year's budget for rip-rapping the 123 August 12, 1986 Commons shoreline to keep it from eroding away. The letter stated that if the City would supply the materials, the residents would supply the labor. Councilmember Jessen, Council Representative to the Park Commission, stated that they are very concerned about shoreline erosion, and that is why $10.00 of each dock permit fee is earmarked for Commons Maintenance. The Council agreed to keep this in mind w hen the proposed 1987 budget is presented. CHEDULE SEPTEMBER COUNCIL .MEETINGS DUE TO PRIMARY ELECTION MOTION made by Peterson, seconded by Paulsen to make September 16 and September 30 the regular City Council meeting dates in September due to the Primary Election which . falls on September 9, 1986. The vote was unanimously in favor. Motion carried. CABLE T.V. COMMITTEE APPOINTMENT Polston moved and Peterson seconded the following resolution: RESOLUTION #86-94 RESOLUTION APPOINTING LINDA PAULSEN TO THE CABLE T.V. COMMITTEE The vote was unanimously in favor. Motion carried. LICENSE RENEWAL FOR MOUND LANES - ON-SALE BEER MOTION made by Jessen, seconded by Smith to authorize the renewal of an On-Sale Beer License to Mound Lanes. License expires June 30, 1987. The vote was unanimously in favor. Motion carried. CHANGE ORDER ~~. LYNWOOD BLVD. Peterson moved and Jessen seconded the following resolution: RESOLUTION X86-95 RESOLUTION TO APPROVE CHANGE ORDER ~3, LYNWOOD BLVD. PROJECT, MSAP 145-104-03, FOR PREFERRED PAVING IN THE AMOUNT OF $4,700.00 The vote was unanimously in favor. Motion carried. PAYMENT REQUEST ~2._LYNWOOD__BLVD & TUXEDO BLVD PROJECT MOTION made by Jessen, seconded by Paulsen to authorize the payment of Payment Request #2, from Preferred Paving, for the Lynwood Blvd. & Tuxedo Blvd. Project (MSAP 145-104-05 & 145- 101-05), in the amount of $50,479.39. The vote was 124 August 12, 1986 unanimously in favor. Motion carried. FINAL PAYME2dT RE9UEST, 1986 SEAL COAT PROJECT MOTION made by Paulsen, seconded by Smith to authorize payment of the final payment request from Allied Blacktop, for the 1986 Seal Coating Project, in the amount of $32,892.82. The vote was unanimously in favor. Motion carried. AMENDMENT TO SECTION 11 80 OF THE CITY CODE RELATING TO INSURANCE REQUIREMENTS FOR INTOXICATING, NONINTOXICATING LIQUOR AND WINE LICENSES The City Attorney presented the ordinance amendment to Section 11.80 of the City Code. He suggested that (a) read as follows: "(a) A certificate that there is in effect an insurance policy or pool providing ~ that the minimum coverage for dram shop liability shall be a combined single limit and an aggregate policy of not less than $300,000 per policy year." The Council agreed to the insertion. Peterson moved and Paulsen seconded the following: ORDINANCE X489 AN ORDINANCE AMENDING SECTION 11.80, SUBD. (a) OF THE CITY CODE RELATING TO INSURANCE REQUIREMENTS FOR INTOXICATING, NONINTOXICATING LIQUOR AND WINE LICENSES The vote was unanimously in favor. Motion carried. PAYMEN OF BILLS The bills were presented. MOTION made by Paulsen, seconded by Peterson to authorize the payment of bills as listed on the pre-list, in the amount of $241,333.04, when funds are available. A roll call vote was unanimously in favor. Motion carried. ~tdFORMATION/MISCELLANEOUS A. Department Heads July 1986 Monthly Reports. B. Letter dated July 14, 1986, and July 25, 1986, from the Minnesota DNR - RE: City of Mound Proposal for Fishing Pier Funding. C. Memo from Mark Andrew, Hennepin County Board of Commissioners - RE: Mandatory Recycling Ordinance Public Hearing. 125 August 12, 1986 D. Ind. School Dist. ~~277 - Minutes - July 14, 1986. E. Cable T. V. Advisory Committee Minutes of June 5, 1986. F. Letters dated July 29, 1986, from Mr. Greg Fall complimenting Damon Hardina and Officer Gary Lotton for assistance at a recent bicycle accident. G. Letter dated July 25, 1886, from City of Medina inviting Mayor, Council and Staff to the League of Minnesota Cities Regional Meeting scheduled for September 17, 1986. Please let me know if you are interested in attending. H. Letter of Recognition to Officer John Ewald - Wolner Field Burglary. ANNOUNCEMENT Councilmember Paulsen and Councilmember Peterson stated that they have enjoyed serving on the City Council, but would like to announce that they will not be seeking re-election to the City Council. MOTION made by Smith, seconded by Peterson to adjourn at 8:45 P.M. The vote was unanimously in favor. Motion carried. /-7 ~ ~ dward J. Shu~C~~, Jr. , City Ma3Ta~ger Fran Clark, CMC, City Clerk 1 BILLS--------AUGUST 12, 1986 Batch 864073 Batch 864074 Computer Run dated 8/6/86.. Computer Run dated 8/8/86 Holy Cross Lutheran Church Len Harrell Judy Nicuum Volk Trucking Northside Const Philip Haugen Preferred Paving Gayle Burns Chanhassen Fire Dept 61,288.28 -128,002.22 Chairs 150.00 Advance 450.00 Deposit Refund 50.00 Final-Port Harr 521.12. Board up 5516 L yn 180.00 Mow-Woodcrest 40.00 Final-Lyn-Tux 50,479.39 Mileage 12.02 School Registr. 160.00 52,02.53 TOTAL BILLS 241,333.04