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1987-08-25[1 140 August 25, 1987 MINUTES - MOUND CITY COUNCIL - AUGUST 25, 1987 1 The City Council of Mound, Hennepin County, Minnesota, .met in regular session on Tuesday, August 25, 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 Jim Larson, City Planner Mark Koegler and the following interested citizens: Jim Thompson, Rod Lund, Rollie Mattson, Tom Albert, Mike Delmore, Todd Truax, Terry Selle; Julie Niccum, and Tom Reese. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MLNUTES MOTION made by Abel , seconded by Jensen to approve the minutes of the August 11, 1987 Regular Meeting, as presented. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELIN UENT UTILITY BILLS The City Manager reported that the amount is down to $3,504.89. The Mayor opened the public hearing, No one responded. The Mayor. closed the public hearing. Johnson' moved and Abel seconded the following resolution: RESOLUTION #87-148 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF #3,504.89 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE FOR THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. CA_SE_#87-660:_ JIM THOMPSON~195N9_SHOREWOOD LANE~LOTS 15_and S 1/2 OF 16Z_BLOCK_7z_SHADYW000_POINTZ_VARIANCE ---------- ---- -------- REOUEST The City Planner explained the applicant's request. The staff 141 August 25, 1987 recommends approval to recognize the existing nonconforming set- backs for Parcel B subject to the following conditions: 1. The addition shall not contain more than 1200 square feet and shall meet all current requested setbacks. 2. The existing nonconforming accessory garage structure shall be moved to a location on the lot which observes current setback requirements. 3. Existing well on the property will be capped. Smith moved and Johnson seconded the following resolution: RESOLUTION #87-149 RESOLUTION TO CONCUR WITH THE PLANNING- COMMISSION RECOMMENDATION TO APPROVE A VARIANCE RECOGNIZING EXISTING NONCON- FORMING SETBACKS FOR LOT 15 AND 1/2. OF LOT 16, BLOCK 7, SHADYWOOD_ POINT, 1959 SHOREWOOD LANE (P ~ Z CASE #87-660) The vote was unanimously in favor. Motion carried. CASE #87-661: D & R CONSTRUCTION~RE: +6230 DEERWOOD DRIYE~LOT M 3 BLOCK 2z_WOODCREST THIRD ADDITIONz CONSIDERA- TION OF MOVING A SIN6lE FAMILY DWELLING FROM -------------------------------------------- ORONO INTO THE CITY OF MOUND The City Planner explained the applicant's request. Mr. Rod Lund and Mr. Rollie Mattson, from D & R Construction, presented the their plans for the home. The following residents spoke against moving this home into Mound for the following reasons: Tom Albert, 6260 Deerwood Dr. Mike Delmore, 6270 Deerwood Dr. Todd Truax, 6250 Deerwood Or. Terry Selle, 2675 Westedge Blvd. Julie Niccum, 6231 Deerwood Dr. 1. Does not conform to neighborhood. Older home in with all new homes. 2. No timetable for completion of the project and no guarantee it will be finished properly. 3. Not economically feasible. 4. Lot abuts wetlands and do not want that filled in. 142 August 25, 1987 There was discussion on the request and the condition of the house. MOTION made by Jessen, seconded by Smith to deny the request of D ~ R Construction to ^ove a house from Orono to 6230 Deerwood Drive, finding that the building is not of the same general character and appearance as other buildings in the vicinity. The vote was 3 in favor with Counciimember Jensen voting nay and Councilmember Abel abstaining. Motion carried. [1 CASE_#87-658: J. THOMAS LEPISTO~ 5325 WATERBURY ROAD, Lot 54 ~~ ~ MINOR_SUBDIYISION WHIPPLE__SHORESz The Planner explained the request. The Planning Commission recommended approval, Smith moved and Johnson seconded the following resolution: RESOLUTION #87-150 RESOLUTION TO APPROVE MINOR SUBDIVISION FOR LOT 54, WHIPPLE SHORES; PID #25-117- 24 21 0154/0153 (5325 WATERBURY. ROAD 7 3301 YARNER LANE) P ~ Z CASE #87-658 The vote was unanimously in favor. REQUEST FOR MAINTENANCE PERMIT: Motion carried. EYIN b JAYNE HETCHLER,-4913 IS- The City Manager explained the request that was presented to the Park Commission was to allow a 12 foot deck on the Commons and to construct retaining walls. The Park Commission did not approve the deck but is recommending approval of the retaining walls, with the Building Inspector's/Engineer's approval of the con- struction plans. . MOTION made by Jessen, seconded by Jensen to concur with the Park Commission's recommendations denying the request for a 12 foot deck on the Commons, but approving the construction of retaining walls with the Building Inspector's/Engineer's approval of the construction plans for property abutting Devon Commons, described as Lot 14, Block 14, Devon., The vote was unanimously in favor. Motion carried. REQUEST FOR_MAINTENANCE PERMIT: BER6.& ASSOCIATESZ_WAURIKA COM- MONS~ABUTTIN6 LOTS 3i4,~5 & 32, BLOCK 6, WOODLAND POINT The City Manager explained that the Park Commission has recom- mended approval to allow maintenance of this Commons area and 143 August 25, 1987 allowing drain the to be installed as long as the line is run all the way down to the rip-rap where it would drain to daylight. MOTION made by Abel, seconded by Jessen to concur with the Park Commission's recom®endation to allow .maintenance of the Waurika Commons abutting Lots 3, 4, 5 b 32, Block 6, Wood-~ land Point and allowing drain the to be installed with the line to run to the rip-rap where it would drain to daylight. The vote was unanimously in favor. Motion carried.. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were no comments or suggestions from citizens present. CONSIDER A RESOLUTION SUPPORTING THE LMCD PROGRAM FOR .LAKE MIN- NETONK~~ THE LMCD ENABLIN6_LEGISLATION: AND_THE LMCD_LAKE MANAGE- M E NT PLAN -- --_~ _~ ~_~ _ _ Mound's representative to the LMCD, Tom Reese, was present and explained the resolution. The Council discussed the proposed resolution. Smith moved and Abel seconded the following resolution: RESOLUTION #87-151 RESOLUTION SUPPORTING THE LMCD PROGRAM FOR LAKE MINNETONKA, THE LMCD ENABLING LEGISLATION, AND THE LMCD LAKE MANAGE- MENT PLAN The Council then deleted and added the following specific language to the proposed resolution: WHEREAS, the Governor's Task Force and the Metropolitan Council's Task Force on Lake Minnetonka have recom- mended that the Lake Minnetonka Conservation District (LMCD) assume a stronger role in management of Lake Minnetonka; and WHEREAS, the LMCD has proposed the following program to imple- ment the Task Force recommendations: 1. THe-Labe-P94aaeteal~a-Eeasewva~~ea-64s#;p~eir-}er~y-5hed~d-he-e~- e~Mi;e~-~wer~-r~de~eiMa~-i;a~-~ev~r-~~r~~i=a~~eas: 2. The District should receive boating safety funds for plan- ning, research and regulation. 3. The District should receive authority to set fees and require permits for watercraft use of Lake Minnetonka to 144 August 25, 1987 support Lake related programs. 4. All agencies and political subdivisions of the state should be required to notify the District prior to conducting re- search on Lake Minnetonka and to keep the District informed. about the progress and results of such research. 5. the-9:~s~w~ei;-.sk.e.e.~.~.-.Isar.e-wer~~eb-ab~~ew~i;y-€ew-aey-weseawel~ ep-eirdew-~ee~eei;-I~ar~}a~-Eai~e-~~~ae~: 5. The district should have a review procedure for controlling any research or other projects having Lake impact. 6. ~He-~~si:w~e#;-s.~.e.a.~.~.-we~~es~-Hai;-lei;l~-.~.e.a~.~A.~.-.spa€eiiy-€aads aa~-i;l~e~p-a~~eeai:yeas-ite-I~~~h-ae~~~~~y-areas-~e-~eewease~~-~~- Abe-}e~~s~ai;dre: 6. The district should request that both boating safety funds and their allocations to high activity areas, such as Lake Minnetonka, be increased by the legislature. 7. The District should request that boating safety and other. state and county funds allocated to the Water Patrol be in- creased and distributed by usage and activity to support an expanded program. 8. The District should request that lake maintenance funding for the county be supported from boating safety or from other special funds established by the state and county, and be increased. _ 9. The Dis.tr.ict. should request regional funding for public access ~ae~}~~}es improvements. 10. €~e-B4si;e~eir-s~ed~d-we~eesi;-i;bad-~i;.s-adir.~ew~i:y_-.fie-e~i:ea~ed i;e-~re~~~e-€er.-p.~.aaR~rt~;-.i:.dad~a~;-ae~d~s~~~ee;-~e.~.e.}.e.~mea~; er+persl~#~-aA~-e~ewairyea-ei:-~aa~a.e~~e~-€ae~~#i;~es-aa~-ei;~ew r~eaas-a€-~a~~~e-access-~e-~k~e-Eal~e: 10. The District should request that its authority be extended to provide for all planning, funding, acquisition, develop- ment, ownership and operation of launching facilities and other means of public access to the Lake, with prior ap- proval of the impacted municipality. 11. The District should request that the boat registration pro- cedure should be updated, be made more efficient, and that license fees should be increased. 145 August 25, 1987 12. the-84s~p~el;-she-d.~~-we~ees~-dew-~~em-ae~-e~~eRSe-a~~ewaaees €ew- Beaw~-r~e~n~ews 13. The District should request authority to assess a property owner to recover costs for removal of dilapidated docks, boats other structures, or fallen trees from the Lake. ' and WHEREAS, the LMCD has proposed the following amendments to its statutory authority: A. To require permits for all watercraft using the Lake and set permit fees. B. To contract for the removal of substandard or dilapidated docks, .boats,..or .o_t.her .structures or fallen trees within the Lake ew-w4~~~a-59-€ee~-~~ewee€ after notice and opportunity for hearing to the owner of the property on which the condi- tion exists, and to certify the costs of removal to the county auditor for extension on the tax rolls against the appropriate lot or property, collection and payment to the district as other taxes are collected and paid. C. To review, approve, and monitor any state agency, depart- ment, or political subdivision project having impact on the Lake. 0. ~e-ae~a~we-~~r-~dwe~ase-ew-lease;-~eve~s~-aR~-e~epa~e-~aaeel~- ~ag-€ae~~~l;~es-aR~-~b~~~e-access-s~l=es-ea-lrhe-Ea{~e: D. ,To acquire by purchase or lease, develop and operate launch- ing facilities and public access sites on the Lake with prior approval of the impacted municipality. E. EaeH.-.~.e.ae~-r~era~ew-may-~e-e.e~.p.e.R_s.a.~e~-a~-a-orate-.~.e.w.-.~.a.y-.€.e-fie set-bar=l;He-~eawd-Red-l;e-e~eee~-~eg#seal;~r~e-.s.l:.a.e.~.a.w.d.s.-€ew eaeb-day-sp.ea.l;.-.a.l:.l;.e.a.d.~.ag-a+eel;gags-e€-.~.I~.e.-.bea~~-aa.~-.€e.r-el;~ew sewv~ees-spee~€.yea}~lr-.a.al;l~.e.w.}.~.a.d-~y-€~e-~sar~d.;-a~~.-raay-fie we~r~~awse~-€ew-a~~.-weasea.a.~.}.e.-.a.~~eases.-}aedr~we~-~a-€he-pep- €epr~apee-e€-~a~~es-as-a-~eap~-mem~ep-as-dei:ep~~eed-gy-~~e heap: F. The municipalities may each levy a tax not to exceed one mill for. LMCD funds in addition to any other limitations provided by law. and 146 August 25, 1987 WHEREflS; tl~e-El1&8-4s-~PB~es~R~-.~.e.-.deve~a~:-a-eer~~we~eRS~ve ~~aR-isew-irhe-r~aRagemeRi:-e€-Fake-M#RRe1;eRka;-aRd WHEREAS, the LMCD is proposing to develop a comprehensive plan for the management of Lake Minnetonka as soon as possible; and WHEREAS, such a program is deemed to be in the best inter- ests of the City and the general public use of the Lake; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that the City hereby encourages and suppor.t.s..the Lake Minnetonka Conservation District program, }eg~a~ai;~eRS, and Lake Management Plan. ' Johnson moved and Abel seconded a motion to approve the amend- ments as stated above. The vote was 4 in favor. Councilmember Jessen. left a 9:05 P.M. before the vote. Motion carried. RESOLUTION APPOINTING TWO ADDITIONAL ELECTION JUDGES AS RECOM- MENDED FOR THE SPECIAL REFERENDUM ELECTION SEPTEMBER 29987 The. two additional names are Leatrice Cooper and Thelma Gunder- son. Jessen moved and Abel seconded the following resolution: RESOLUTION #87-152 RESOLUTION APPOINTING TWO ADDITIONAL ELECTION JUDGES AS RECOMMENDED FOR THE SPECIAL REFERENDUM ELECTION SEPTEMBER 29 , 1987 ' The vote was unanimously in favor. Councilmember Jessen was ab- sent and excused. Motion carried. SET DATES_FOR PUBLIC HEARINGSi MOTION made by Johnson, seconded by Smith to set the follow- ing public hearings for the suggested dates: A. Budget Hearing - September 8, 1987 B. Assessment Hearings - September 22, 1987 Central Business District Assessment Unpaid Tree Removal Delinquent Utility Bills Unpaid Lot Clean Up Unpaid Boarding Up of House 147 August 25, 1987 The vote was unanimously in favor. Councilmember Jensen was absent and excused. Motion carried. LICENSES MOTION made by Smith,. seconded by Johnson to authorize a~ license renewal for On-Sale Beer: Mound Lanes & Pizza. The vote was unanimously in favor. COuncilmember Jessen was ab- sent and excused. Motion carried. MOTION made by Smith, seconded by issuance of the following licenses A. Public Dance - Waive Fee B. Charitable Beer Permit C. Set-Up Permit - Waive Fee to the Mound Police Reserve Unit The vote was unanimously in favor. absent and excused. Motion carried. PAYMENT OF BILLS MOTION made by Abel, seconded by payment of bills,. as presented amount of X136,373.65, when fund call vote was unanimously in favor. PUBLIC WORKS FACILITY Jensen to authorize the for September 11, 1987. Councilmember Jessen was Jensen to _authorize the on the pre-list, in the s are available. A roll The City Manager presented the schedule of meetings regarding the proposed public works facility referendum. There was discussion by the Council on flip-flopping the proposed new addition to the Riley Building. MOTION by Abel, seconded by Smith authorizing the the spend- ing of additional ®oney in engineering to research flip- flopping the new addition to the Riley Building and setting a meeting for Saturday, August 29, 1987, at 7:00 A.M. to discuss this possibility. The vote was unanimously in favor. Councilmember Jessen was absent and excused. Motion carried. The Council asked that Staff be available to at- tend the public meetings. FINAL PAYMENT REQUEST MOTION made by Abel, seconded by Jensen to authorize payment of the final payment request from Allied Blacktop, in the 1 148 August 25 , 1987 a®ount of $35,333.43, for the 1987 Sealcoat Project. The vote was unanimously in favor. Councilmember Jessen was ab- sent and excused. Motion carried. EXTENSION OF RESOLUTION #86-102 Smith moved and Johnson seconded the following resolution: RESOLUTION #87-153 RESOLUTION TO EXTEND RESOLUTION 86-102 UNTIL AU6UST 25, 1988 The vote was unanimously in favor. Councilmember Jessen was ab- sent and .excused. Motion carried. CEMETERY BUSINESS MOTION made by Johnson, seconded by Smith to authorize the transfer grave #7. in Division A, Lot 89, from Kathy Lil- lidahl Ulrick to Katherine Oslund. This grave can only be used by Katherine Oslund and. cannot be sold at any future date. The vote was unanimously in favor. Council®ember Jessen was absent and excused. Motion carried. INFORMATION/MISCELLANEOUS A. Financial Report for July, 1987, as prepared by the Finance Director. B. Article from the Mpls. Star & Tribune and letter from the City Attorney regarding Doe v. City of Mound. C. Report from the Dock Inspector regarding commercial and multiple dock inspections - 1987. D. REMINDER: The Council is to meet with the Planning Commis- sion on August 24, 1987, at 7:30 P.M. to jointly interview Planning Commission applicants. We only have 1 applicant so far. E. Letter from the City of Albertville inviting the Council to attend the League of Minnesota Cities' regional meeting on September 17, 1987. It starts at 2:30 P.M. Please let Fran know soon if you plan to attend. F. League of Minnesota Cities', Regional Meeting Issue Paper. G. Planning Commission Minutes of August 10, 1987. 149 August 25, 1987 H. Park Commission Minutes of August 13, 1987. I. Article the Park Commission will be publishing regarding the Commons. MOTION made by Abel, seconded by Jensen to adjourn at 9:30 P.M. The vote was unani®ously in favor. Councilmember Jensen was absent and excuse_s4 Motion carried. /J rd J. ~ uk~ Jr,°City anager ~_ _ Fran Clark, C C, City Clerk 1