Loading...
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. 1 105 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. n 2 106 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. 3 107 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 4 108 • 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: 1 - 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 5 109 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 1 1 6