1988-07-12104
July 12, 1988
MINUTES - MOUND CITY COt1NCIL - REGULAR SESSION
.The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, July 12, 1988, 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:
pity Manager Edward J. Shukle, Jr, City Clerk Fran Clark, City
attorney Curt Pearson, City Engineer John Cameron, and City Plan-
roer Mark Koegler. Also present were: Marc Jassky, Jule Illies,
Jeff Gorney, James Luger, Steve Erickson, Russ & Betty Peterson,
Virginia Lord, Rex Alwin, Dudly Fitz, Jim Scruton, Butch Essig,
and Mike McGrath.
The Mayor opened the meeting and. welcomed the people in atten-
dance.
~'he Pledge of Allegiance was recited.
I~iINUTES
MOTION made by Abel, seconded by Johnson to approve the
minutes of the June 28, 1988. Regular Meeting, as submitted..
The vote was unanimously is favor. Motion carried.
PUBLIC HEARING: CASE #88-614: JAMES LIIGER. 6195 SINCLAIR
ROAD. LOT 6 , BLOCK 17. THE HIGHLANDS. PID #23-117-24 34
0071. CONDITIONAL USE PERMIT - ACCESSORY BLDG.
The City Planner explained the request. He further explained
that the Staff and the Planning Commission recommended approval
with 3 conditions. He explained that the City Attorney recom-
mended adding two additional conditions. The Council agreed.
'the Mayor opened. the public hearing. There was no response. The
Mayor closed the public hearing.
~'he applicant stated he was in agreement with the 5 conditions.
,~ensen moved and Abel seconded the following resolution:
RESOLUTION #88-102 RESOLUTION AUTHORIZING A CONDITIONAL USE
PERMIT FOR CONSTRUCTION OF AN ACCESSORY
BUILDING EXCEEDING 840 SQUARE FEET OF
THE TOTAL FLOOR AREA AT 6195 SINCLAIR
ROAD, PID #23-117-24 34 0071, P & Z CASE
#88-614
The vote was unanimously in favor. Motion carried.
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July 12, 1988
PIIBLIC HEARING: CASE #88-615: JEROME STIIDER, 4455 RADNOR
ROAD LOTS 9 &.10, BLOCK 2, PEMBROKE, PID
#19-117-23 34 OVACATION OF PERMANENT SLOPE
EASEMENT
The City Engineer explained the request. The Staff and the Plan-
ning Commission recommended approval.
The Mayor opened the public hearing. There was no response. The
Mayor closed the public hearing.
Jessen moved and Johnson seconded the following resolution:
RESOLIITION X88-103 RESOLIITION VACATING CERTAIN PERMANENT
SLOPE EASEMENT OVER LOT 10, BLOCK 2,
PEMBROKE, PID #19-117-23 34 0036
The vote was unanimously in favor. Motion carried.
CONSIDERATION OF SALES OF CITY PROPERTY LOCATED ON_WESTEDGE BLVD.
The City Manager explained that the Council previously directed
the sale of this property. A buyer came forward and two issues
surfaced at that time: whether a, well could be allowed and.
whether access to the property from. a public street was avail-
able. The well issue was settled and it was decided that the
potential buyer could install his own well because city water is
not presently available in Westedge Blvd. The City Engineer
reported that the access onto Westedge Blvd. is there because of
the 33 foot right-of-way for Westedge Blvd. The owner of
property abutting the city property (Mr. Rex Alwin) would have to
relocate his fence because it is in that right-of-way.
Mr. Alwin also argued that there are 2 conflicting survey maps
with benchmarks where the actual road and plat do not match. The
City Engineer stated that the 33 foot dedicated right-of-way in
Section 14 on the original plat of Mound Terrace and the Replat
of Auditor's Subdivision #231 both showed a 33 foot right-of-way.
Mr. Alwin presented the City Council with a petition signed by 22
persons living in the general area urging the Council to maintain
the subject parcel of property as open space "green area" to
serve as an esthetic, ecological and recreational asset to the
community.
The Council asked if this item had been to the Planning Commis-
sion for variance approval because of lack of frontage on a
public right-of-way and Park Commission for their recommenda-
tions. It had not.
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July 12, 1988
MOTION made by Johnson, seconded by Abel to refer this item
to the Planning Commission on the possible variance issue
and the Park Commission for their recommendation on the
present and future use of this parcel. The vote was unanim-
ously in favor. Motion carried.
he City Engineer recommended the approval of Payment Request #2
o Loeffel-Engstrand for work completed on the Public Works
acility through June 30, 1988, in the amount of $190,616.55.
1 moved and Jensen seconded the following resolution:
RESOLUTION #88-104 RESOLUTION TO APPROVE PAYMENT REQUEST #2
TO LOEFFEL-ENGSTRAND FOR WORK ON T8E
PIIBLIC WORRS FACILITY IN THE AMOUNT OF
$190,616.55
vote was unanimously in favor. Motion carried.
W I l l 1 1 1 I l K l V M: - N' I I K • 1• M M: V A N I l M: K~• 1• M: M: ^~ V K I^ V M_ K• 1• r ^ V 1 1^ Y I Y- 1 1/-% Y -I d
he City Engineer reviewed the fill permit application with the
ouncil and stated that other agencies will deal with the dredg-
.ng permit issue. He recommended approval with the following
onditions:
1. Fill area is graded and seeded upon completion.
2. Silt screen to be installed between fill area and lake
if fill placed is higher than existing dike separating
the old pond from Dutch Lake.
3. Permit to be acquired from Minnehaha Creek Watershed
District, Department of Natural Resources and the Army
Corps of Engineers.
ie also recommended that the map on page 1653 of the Council
packet and the narrative on page 1652 be incorporated in the ap-
~roval resolution.
'mith moved and Jensen seconded the following resolution:
RESOLUTION #88-105 RESOLUTION TO APPROVE A GRADING AND LAND
RECLAMATION PERMIT FOR GOVERNMENT LOT 1,
SECTION 14-117-24 (PID #14-117-24 14
0003)
he vote was unanimously in favor. Motion carried.
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July 12, 1988
COMMENTS & SIIGGESTIONS FROM CITIZENS PRESENT
JAMES SCRIITON, 5267 Bartlett Blvd., stated that because of the
new weed in Lake Minnetonka and the low lake level he and a group
of his neighbors contracted to have the weeds harvested from in
front of their property. The problem came when the contractor
used the Mound Bay Park boat access to load these weeds into a
dump truck for disposal. They were instructed by the Police
Department, who had contacted the City Manager, to remove their
equipment.
The City Manager presented the Council with a report of the inci-
dent which occurred on the July 4th weekend, one of the busiest
for Mound Bay Park. He explained that there was no notification
to the City that they would be doing this and there were com-
plaints from the people using the beach area, boat launching area
(because there was not enough room) and residents of Chapman
Place. The City Manager and the Park Director have been in con-
tact with the contractor to set up a meeting and try to help find
an alternative site to harvest the weeds from the lake or work
out a schedule for use of the Mound Bay Park site when the park
is not at peak use. '
BIITCH ESSIG, owner of Surfside Marina and his attorney Mike.
McGrath were present. Mr. McGrath stated that in February the
Council agreed to accept Mr. Essig's Commercial Dock License_ap-
plication. They are currently in litigation with the L.M.C.D.
and are having some other problems with the condominium associa-
tion. Their current plan is to submit a new 1988 Dock License
application to the L.M.C.D. He related some of the findings of
fact in the case with the L.M.C.D. He stated he is looking for
support from the City of Mound on the dock issue and is request-
ing that the City approve Mr. Essig's 1988 Commercial Dock
License from the City of Mound.
The City Attorney cautioned the Council about getting into the
middle of the litigation between the L.M.C.D., the condo owners
and the Surfside Marina without first having all the facts and
information.
The City Clerk stated that Mr. Essig did not come in and fill out
an application or pay the fee for the Commercial Dock License
after the meeting in February.
The Staff will follow-up on this when further information and
the application are submitted by Mr. Essig.
APPROVAL OF LICENSES
MOTION made by Smith, seconded by Jensen to authorize. the
issuance of the following:
Incredible Festival - July 30 & 31, 1988
Public Dance Permit
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• July 12, 1988
Charitable 3.2 Beer Permit & Set-IIp.
The vote was unanimously in favor. Motion carried.
MOTION made by Jessen, seconded by Johnson to authorize the
payment of bills as presented on the pre-list in the amount
of $163,371.09, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
MOTION made by Jensen, seconded by Abel to authorize final
payment for the 1988 Seal Coat Project to Allied Blacktop,
in the amount of $33,541.02. The vote was unanimously in
favor. Motion carried.
Monthly Reports for June as prepared by the Department
Heads.
Planning Commission Workshop Meeting Minutes of June 27,
1988.
1987 Financial Statement - L.M.C.D.
State of Minnesota, City of Mound -vs- Frank Buysee.
Invitation from AMM to a "dutch treat" breakfast meeting on
Tuesday, July 19, 1988, at 7:30 A.M., Minnetonka Community
Civic Center, 14600. Minnetonka Blvd.
'. Notice of the 65th Annual National League of Cities Con-
ference in Boston, Massachusetts, December 3-7, 1988.
Please let us know as soon as possible if you plan to attend
because of hotel reservations. The deadline for Early
Registration is September 5th and the sooner the better for
hotel accommodations.
REMINDERS:
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- Economic Development Task Force Meeting, Thursday, July 14
at 7:30 A.M., City Hall.
- Park Commission and City Council Park Tour, Thursday, July
28. Meet at 5:00 P.M., Senior Citizen Center - will
return at approximately 9:15 P.M. when pizza and pop will
be served - cost $5.50 per person.
- The draft of Housing Maintenance Code as prepared and
discussed by Subcommittee of Planning Commission and
Planning Commission as a whole respectively was
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July 12, 1988
distributed at the last meeting. The Council is requested
to meet jointly with Planning Commission on July 11, at
7:30 P.M. to discuss draft of Housing Maintenance Code.
- There will be a Lake Minnetonka Mayor's Meeting held here
in the Council Chambers of City Hall on Saturday, July 30,
1988, from 9:00 A.M. - 11:00 A.M. to discuss the Lake
Minnetonka Regional Park and the ability to condemn
private and public lands.
MOTION made by Jessen seconded by Johnson to adjourn at 9:50
P.M. The vote was unanimously in favor. Motion
carried.
Fran Clark, CMC, City Clerk
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