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1987-07-28124 July 28, 1987 MINUTES - MOUND CITY COUNCIL - JULY 28, 1987 The City Council of Mound, Hennepin County, Minnesota met in regular session on Tuesday, July 28, 1987, at 7:30 P.M. in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Don Abel, Liz Jensen, Phyllis Jensen, and Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Engineer John Cameron, Building Offi- cial Jan Bertrand, Park Director Jim Fackler, Dock Inspector Del Rudolph, Fire Chief Don Bryce and the following interested citizens: Gerald Berent, J. Ned Dow, Brian Johnson, Paul Larson, Marshall Weber, Ken Weber, Mr. & Mrs. LaPointe, Kermit Sherman. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION made by Abel, seconded by Jensen to approve the minutes of the July 14, 1987, regular meeting, as presented. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS The City Manager reported that the amount is down to $2,124.58. The Mayor. opened the .public hearing. There was no response. The Mayor closed the public hearing. Johnson moved and Abel seconded the following resolution: RESOLUTION #87-139 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $2,124.58 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE FOR THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. CASE #87-651: GERALD J. BERENT~5008_ENCHANTED ROAD~LOT_2~ ------------ --------------- -------------- - BLOCK Zlz_SHADYWOOD_POINT~SIDE_YARD_SETBACK VAQIANCE 125 July 28, 1987 The Building Official explained the request. The Planning Com- mission recommended approval. Abel moved and Jensen seconded the following resolution: RESOLUTION #87-139-R RESOLUTION TO CONCUR WITH THE PLANNIN6 COMMISSION TO APPROVE A SIDE YARD SET- BACK VARIANCE FOR LOT 2, BLOCK 21, SHADYWOOD POINT, PID #13-117-24 11 0070, P & Z CASE #87-651 The vote was unanimously in favor. Motion carried. CASE #87-652: LEON & EYONNE HEELER, 4695 HAMPTON ROAD, LOTS 13 & --~-- - 14, PTRT OF LOTS 28 ~ 29 30 31 BLOCK 9 ------------------Z---'Z---'~--~---_~__3 PEMBROKE, MINOR SUBDIVISON The Building Official explained the request. She asked that the following be inserted into the proposed resolution: "....the request of the applicant for the waiver from the provisions of Section 330 of the City Code and the request for property of less , than 5 acres ...", The Planning Commission recommended approval. Smith moved and Jessen seconded the following resolution: RESOLUTION #87-140 RESOLUTION TO CONCUR WITH THE PLANNIN6 COMMISSION TO APPROVE A MINOR SUBDIVI- SIGN FOR LOTS 13, 14, PART OF 29, 30 8~ 31 AND THE EAST 20 FEET OF LOT 28, BLOCK 9, PEMBROKE; PID #19-117-23 33 0080/0087, P & Z CASE #87-652 The vote was unanimously in favor. Motion carried. CASE #87-6_5_3: J. NED DOwi_4994_MANCHESTER ROAD~LOT_12~_BLOCK -------- -------- ---- -- - 33Z_WYCHWOOD~_LOT SIZE_VARIANCE The Building Official explained the request. The Planning Com- mission recommended approval. Abel moved and Jensen seconded the following resolution: RESOLUTION #87-141 RESOLUTION TO CONCUR WITH THE PLANNIN& COMMISSION TO APPROVE A LOT SIZE VARIANCE FOR LOT 12, BLOCK 33, WYCHWOOD, PID #24-117-24 42 0005 (4994 MANCHESTER ROAD), P & Z CASE #87-653 The vote was unanimously in favor. Motion carried. 126 July 28, 1987 CASE #87-656__HARLEY JORDAN, 2193 CEDAR LANE LLOT 18 AND PART OF ---r-----~ L 0119 ~_B L 0 ~K 2 Z_A ~AH~M L I N C O L N A-66~'. T O L A_K E S I D~ ~A~K, 14 ~OOT FRONT YAiFD Q1CiFgANCE The Building Official explained the request. The Planning Com- mission recommended approval. Johnson moved and Jensen seconded the following resolution: RESOLUTION #87-142 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE 14 F00T FRONT YARD VARIANCE AS REQUESTED FOR LOT 18 AND THE SOUTH 38 FEET OF LOT 19, BLOCK 2, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK, (2193 CEDAR LANE), PID #13-117-24 32 0015, P 8~ Z CASE #87-656 CASE #87-659: BRIAN JOHNSON/PAUL LARSON~ 49XX_6LEN~ELYN_ROADZ ------------ ------------------------ LOTS 17~_18z_19Z_BLOCK_24;_SHADYWOOD_POINTi_MINOR SUBDIYISION The Building Official explained the request. The Planning Com- mission recommended approval. The applicants were present and explained their problem. The Council discussed the request. Johnson moved. and Smith seconded the following resolution: RESOLUTION #87-143 RESOLUTION TO CONCUR WITH THE PLANININ6 COMMISSION TO APRROVE A MINOR SUBDIVI- SION FOR LOTS 17, 18 b 19, BLOCK 24, SHADYWOOD POINT, PID #13-117-24 11 0094/0095, P & Z CASE #87-659 The vote was unanimously in favor. Motion carried. STORM DAMAGE City Insurance Agent, Earl Bailey, told the public that if they ,incurred damage from Thursday's storm, they should contact their own insurance company to see what will be covered by insurance. JENNINGS BAY DREDGING - UPDATE Residents, Ken Weber and Marshall Weber, stated that they have two requests: 1. That the City Council & Staff continue to work with them on the 2 dredges; and 127 July 28, 1987 2. That if for some reason the City's part of the dredge is not done in 1987, that the $10,000 for the Jennings Bay dredge be carried over to the 1988 Budget. The Park Director explained that these are two separate dredges, a private one that the residents owning private Lakeshore are paying for and the City's which will only be along Dove Lane for the Commons area. Ne further explained to the residents that they will be in charge of obtaining their own dredging permits from the proper authorities. The Counci 1 asked the citizens where the spoil would be hauled. The Webers stated that Illies and Sons in Minnetrista have agreed to take the spoil. MOTION made by Smith, seconded the Abel to proceed with the two dredges, private and public and to authorize the carry over of the $10,000 in the 1987 Budget to the 1988 Budget if necessary. The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There was no response. RESOLUTION TO.EN_T_E_R INTO_A JOINT COOPERATION A6REEMENT_ WITH HEN- NPIN COUNTY TO EXTEND THE URBAN HENNEPIN COUNTY ~OMMUNITY --------------------------------------------------------- DEVELOPMENT BLOCK GRANT PROGRAM Abel moved and Jensen seconded the following resolution: RESOLUTION #87-144 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT COOPERATION AGREEMENT WTTH HENNEPIN COUNTY TO EXTEND THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The vote was unanimously in favor. Motion carried. PARY,ING ON GULL LANE The Fire Chief was present and recommended that the area on Gull Lane from Wren Road to the Commons remain as "no parking" either side of the road because if there was a car parked on either side it would not allow a fire or emergency vehicle access to the Com- mons. After discussion by the Council, Mr. LaPointe withdrew his 128 July 28, 1987 request for parking on one side of the street. No action was taken on this item. SIGN_ORDINANCE MODIFICATION The Building Official explained that the Planner has prepared an amendment to the sign ordinance as it relates to "Area Iden- tification Signs It was presented to the Planning Commission " The would rather and they do not recommend its adoption. y address signs for shopping centers on a case by case basis. The Council discussed the Planning Commission's recommendation and the amendment submitted by the Planner. Johnson moved and Jessen seconded the following: ORDINANCE #5 AN ORDINANCE AMENDING SECTION 365: 20, SUBD. 5.(c) OF THE CITY CODE RELATING TO AREA IDENTIFICATION SIGNS The vote was unanimously in favor. Motion carried. APPROVAL OF PERMITS MOTION made by Johnson, seconded by Smith to authorize the issuance of the following: Our Lady of the Lake Church - Incredible Festival Public Dance 8 Charitable 3.2 Beer Permit The vote was 4 in favor with Councilmember Abel abstaining. Motion carried. PAYMENT OF BILLS The bills were presented for consideration. MOTION made by Jensen, seconded by Abel to approve the pay- ment of bills as presented on the pre-list, in the amount of $157,628.97, when funds are available. A roll call vote was unanimously in favor. INFORMATION/MISCELLANEOUS A. Notice of Seminar on Council-Manager Relations - Monday, September 28, 1987. I would appreciate all of you attending this with me. Please let Fran know as soon as possible. 129 July 28, 1987 B. Subscriber Statistics for January through June, 1987 - Dow- den Communications. C. Congratulations are in order for Sally Koenecke and her ef- forts and work with Local Access on Cable T. V. She traveled to Chicago to receive a first place award for the development of "Homework Hotline", a program developed through the school district to provide educational program- ming to students who need additional training in various curriculum offered by the school district. There were 450 nominations for 4 possible awards. Sally was also the chief official in coordinating the Mound City Days video program. Mound City Days received an award through the University of Minnesota, for its presentation on the Local Access Channel. D. Notice from the Met Council on preliminary population and household estimates as of April 1, 1987. E. Notice from the Met Council of public meeting on their proposed 1988 work program and budget. F. Notice from AT&T regarding changes in AT&T's rate structure. G. Invitation from AMM (Association of Metropolitan Municipalities) to a breakfast meeting: . Date: Wednesday, August 5, 1987 Place: Plymouth Holiday Inn Time: 7:30 A.M. Please let Fran know by Friday, July 31, 1987, if you plan to attend. H. Memo from the Minnehaha Creek Watershed District regarding lake. level, flow and precipitation for June, 1987. I. Letter from Curt Pearson regarding nonconforming uses - planning items. J. Planning Commission. Minutes from July I3, 1987. K. Ind. School Dist. #277 Minutes from July 13, 1987. EXECUTIVE SESSION The Council sent into Executive Session to discuss property nego- tiations at 8:30 P.M. and returned at 8:55 P.M. 130 July 28, 1987 MOTION made by Abel, seconded by Johnson to adjourn at 9:00 P.M. The vote was unanimously in favor. Motion carried. r LI' ~- Fran Clark, CMC, City Clerk N