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1988-08-09115 August 9, 1988 MINIITES - MOIIND CITY COIINCIL - AIIGIIST 9, 1988 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 9, 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, and Skip Johnson. Councilmember Jensen arrived at 7:40 P.M. Also present were: City Manager Edward J. Shukle, Jr, City Clerk Fran Clark, City Attorney Curt Pearson, City En- gineer John Cameron, City Planner Mark Koegler, and Finance Director John Norman and the following interested citizens: Steve Erickson, Rex Alwin and Warren Shaffer. The Mayor .opened the meeting and welcomed the people in atten- dance. MINOTES MOTION made by Abel, seconded by Jensen to approve the minutes of the July 26, 1988, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. CASE #88-716: WARREN & ALVINA SHAFFER, 3106 PRIEST LANE, LOT 1. BLOCK 2, HIGHLAND SHORES, PID #23-117-24 34 0075, ' SETBACK VARIANCE The City Planner explained that the applicant has suggested another alternative to what the Planning Commission recommended. The existing deck and screen porch be reconstructed with 8 feet from the existing house to .the backyard and 4 feet from the ex- isting house to the side (lakeshore) yard. This reconstruction would reduce the side yard deck and screen porch from 8' to 4'. It will allow a deck exit for the second floor patio door and retain the architectural integrity of the house by projecting the screen porch beyond the existing home. The .Staff recommended ap- proval with a revision of #3 in the proposed resolution to read as follows: 3. It is determined that the livability of the residential unit will be approved by authorizing the following al- terations to a nonconforming use property due to the narrowness and shape of the parcel: the existing deck, with screened-in porch, shall be reconstructed 4 feet to the south of the exist- _ ing main house, conditioned upon the survey being revised to indicate the exact location of the structure and the shoreline setback. Smith moved and Jensen seconded the following resolution: 11s August 9, 1988 RESOLUTION #88-108 RESOLUTION TO CONFORMING ST. MODIFICATIONS LAND SHORES, (3106 PRIEST RECOGNIZE AN EBISTING NON- ItUCTURE TO ALLOW 6TRUCTURAL FOR LOT 1, BLOCK 2, BIGH- PID #23-117-24 34 0075, LANE); P & Z CASE #88-716 The vote was unanimously in favor. Motion carried. APPLICATION FOR SIGN PERMIT - WESTONRA MUSCIILAR DYSTROPHY AS- SOCIATION - MDA TELETHON Bi11 Macnamee explained that Mound will be one of two sites in -the State oy Minnesota to have a remote hookup for the Jerry Lewis Labor Day Telethon on September 4 & 5, 1988, at the Pond Arena. There are many activities planned, but more support and advertising needs to be done. .Therefore, he has submitted an ap- plication for the use of three 4' x 8 ' signs to be at the fol- lowing locations: 1. County Road 110 & Three Points Blvd. 2. Mound Bay Park 3. The City parking lot across from the Ben Franklin. MOTION made by Abel, seconded by Jensen to approve a tem- porary sign permit to allow three 4' x 8' signs to be placed the following locations advertising .the telethon on Septem- ber 4 & 5, 1988, at the Pond Arena to benefit Muscular Dystrophy. 1. County Road 110 & Three Points Blvd. 2. Mound Bay Park 3. The City parking lot across from the Ben Franklin. The vote was unanimously in favor. Motion carried. SET PUBLIC HEARINGS: A. P & Z Case #'s 88-720 & 88-721. MOTION made by Jensen, seconded by Johnson to set Tuesday, August 23, 1988, at 7:30 F.M. to hold a public hearing to Consider a Zoning Amendment and Conditional Use Permit for Public Lodge, Meeting Hall and Club, at 5098 Three Points Blvd.: Lots 12, 13, 14, 15, 8 and 9, Black 2, Dreamwood; PID #13-117-24 12 ooi7/ooia/oo2o/0021/0022. The vote was unani- mously in favor. Motion carried. B. P & Z Case #88-722. MOTION made by Jensen, seconded.by Johnson to set Tuesday, August 23, 1988, at 7:30 P.M. to hold a public hearing to Consider a Conditional Use Permit for a Print shop Located at 5271 Shoreline Blvd.; Lots 7-20, 26-35, Block 1, Shirley Hills IInit F, PID ~ 13-117-24 34 0072. The vote was unanim- ously in favor. Motion carried. 117 August 9, 1988 C. P & Z Case #88-723. MOTION made by Jensen, seconded by Johnson to set Tuesday, Auqust 23, 1988, at 7:30 P.M. to hold a public hearing to Consider a Conditional Use Permit Wetlands Alteration for 4841 Bartlett Blvd; Part of Government Lot 8; PID #13-117-24 44 0001/0002/0010. The vote was unanimously in favor. Mo- tion carried. VARIANCES FOR CITY OWNED PROPERTY ON WESTEDGE BLVD. The City Manager explained the background on these variance requests. The Staff and the Planning Commission recommended ap- proval of the sale and the variance requests. The Park Commis- sion recommended retaining the property for future possible park improvements. The City Planner explained the frontage and im- proved right-of-way variances. Councilmember Johnson stated that he could not support the variance requests because he felt it was a financial hardship which is grounds to deny the variance requests. The Council discussed the right-of-way issue. Abel moved and Jensen seconded the following resolution: RESOLUTION #88-109 RESOLUTION TO APPROVE FRONTAGE AND IM- PROVED RIGHT-OF-WAY VARIANCES FOR PROPERTY OWNED BY THE CITY OF MOUND LO- GATED ON WESTEDGE BLVD. PID #23-117-24 22 0005 The vote was 4 in favor with Johnson voting nay. Motion carried. SALE OF CITY OWNED PROPERTY - WESTEDGE BLVD. - PID #23-117-24 22 0005 Jensen moved and Jensen seconded the following resolution: RESOLUTION #88-110 RESOLUTION TO APPROVE THE SALE OF CITY- OWNED PROPERTY ON WESTEDGE BLVD. (PID #23-117-24 22 0005) AND AUTHORIZE MAYOR AND CITY MANAGER TO EICECUTE SALES AGREE- MENT AND CONTRACT FOR DEED The vote was 4 in favor with Johnson voting nay. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT REX ALWIN, 1000 Robin Lane, stated that he disagreed with the decision to sell the property on Westedge Blvd. because of the small amount of money the City is getting for 3 1/2 acres. 3 118 August 9, 1988 CHANGE ORDER #4 - PUBLIC WORKS FACILITY The City Engineer explained Change Order #4 for the Public Works Building which was as follows: ITEM NO. 1. Substitute epoxy sealer for colored hardener on concrete slabs in repair bay and wash bay. DEDUCT $ 800.00 ITEM NO. 2 Construct footings for entrance pads. ADD ITEM NO. 3 Change location of tank fill for water truck. ADD ITEM NO. 4 Install backwater valve between footing drain and roof drain. ADD ITEM NO. 5 Change location of sewer service. $ 663.00 $ 328.00 $ 506.00 ADD $ 654.00 ITEM NO. 6 Eliminate thermal break on exterior doors. DEDUCT TOTAL CHANGE ORDER NO. 4 Original Contract Amount Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Revised Contract Amount ADD $ 340.00 $1,011.00 $ 679,000.00 ADD 14,700.00 ADD 3,142.00 ADD 725.00 ADD 1,011.00 $ 698,578.00 Johnson moved and Jessen seconded the following resolution: RESOLUTION #88-111 RESOLUTION TO APPROVE CHANGE ORDER #4 - PUBLIC WORKS FACILITY IN THE AMOUNT OF $1,011.00 The vote was unanimously in favor. Motion carried. PAYMENT REQUEST #3 - PUBLIC-WORKS FACILITY The City Engineer presented Payment Request #3 from Loeffel- Engstrand for work completed through July 31, 1988 on the Public Works Facility, in the amount of $110,570.50. 1 1 4 117 August 9, 1988 C. P & Z Case #88-723. MOTION made by Jensen, seconded by Johnson to set Tuesday, August 23, 1988, at 7:30 P.M. to hold a public hearing to Consider a Conditional IIse Permit Wetlands Alteration for 4841 Bartlett Blvd; Part of Government Lot 8; PID #13-117-24 44 0001/0002/0010. The vote was unanimously in favor. Mo- tion carried. VARIANCES FOR CITY OWNED PROPERTY ON WESTEDGE BLVD. The City Manager explained the background on these variance requests. The Staff and the Planning Commission recommended ap- proval of the sale and the variance requests. The Park Commis- sion recommended retaining the property for future possible park -- improvements. The City Planner explained the frontage and im- proved right-of-way variances. Councilmember Johnson stated that he could not support the variance requests because he felt 'it was a financial hardship which is grounds to deny the variance requests. The Council discussed the right-of-way issue. Abel moved and Jensen seconded the following resolution: RESOLIITION #88-109 RESOLIITION TO APPROVE FRONTAGE AND IM- PROVED RIGHT-OF-WAY VARIANCES FOR PROPERTY OWNED BY THE CITY OF MOIIND LO- CATED ON WESTEDGE BLVD. PID #23-117-24 22 0005 The vote was 4 in favor with Johnson voting nay. Motion carried. SALE OF CITY OWNED PROPERTY - WESTEDGE BLVD. - PID #23-117-24 22 0005 Jensen moved and Jensen seconded the following resolution: RESOLIITION #88-110 RESOLIITION TO APPROVE THE SALE OF CITY- OWNED PROPERTY ON WESTEDGE BLVD. (PID #23-117-24 22 0005) AND AIITHORIZE MAYOR AND CITY MANAGER TO EXECIITE SALES AGREE- MENT The vote was 4 in favor with Johnson voting nay. Motion carried. COMMENTS & SIIGGESTIONS FROM CITIZENS PRESENT REX ALWIN, 1000 Robin Lane, stated that he disagreed with the decision to sell the property on Westedge Blvd. because of the small amount of money the City is getting for 3 1/2 acres. 118 August 9, 1988 CHANGE ORDER ~4 - PIIBLIC WORRS FACILITY The City Engineer explained Change Order #4 for the Public Works Building which was as follows: ITEM NO. 1. A Substitute epoxy sealer for colored hardener on concrete slabs in repair bay and wash bay. DEDUCT $ 800.00 ITEM NO. 2 Construct footings for entrance pads. ADD $ 663.00 ITEM N0. 3 Change location of tank fill for water truck. ADD $ 328.00 ITEM NO. 4 Install backwater valve between footing drain and roof drain. ADD $ 506.00 ITEM NO. 5 Change location of sewer service.. ADD $ 654..00 ITEM NO. 6 Eliminate thermal break on exterior doors. DEDUCT TOTAL CHANGE _ORDER NO 4 Original Contract Amount Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Revised Contract Amount ADD ,$ 340.00 $1,011.00 $ 679,000.00 ADD 14,700.00 ADD 3,142.00 ADD 725.00 ADD 1.011.00 $ 698,578.00 Johnson moved and Jessen seconded the following resolution: RESOLIITION #88-111 RESOLIITION TO APPRO4E CHANGE ORDER ~4 - PIIBLIC AORRS FACILITY IN THE AMOIINT OF $1,011.00 The vote was unanimously in favor. Motion carried. u i __~ PAYMENT REOIIEST #3 - PIIBLIC WORRS FACILITY The City Engineer presented Payment Request#3 from Loeffel- Engstrand for work completed through July 31, 1988 on the Public Works Facility, in the amount of $110,570.50. 119 August 9, 1988 MOTION made by Abel, seconded by Jensen to approve Payment Request #3 from Loeffel-Engstrand for work completed through July 31, 1988 on the Public Works Facility, in the amount of $110,570.50. The vote was unanimously in favor. Motion carried. REQUEST FOR IISE OF MOUND BAY PARR - MINNESOTA OPEN BASS CLASSIC TOURNAMENT - WEIGH-IN FACILITY - AUGIIST 27 & 28 The City Manager explained that the City has received the above request. The Council discussed the request. MOTION"made by Johnson, seconded by Abel to authorize the use of Mound Bay Park as a weigh-in facility, August 27 & 28, 1988, for the Minnesota Open Bass Classic, with the stipulation that they stagger the weigh-in times to allow a~ minimum number of boats in the area at any one time. The vote was unanimously in favor. Motion carried. DISCUSSION: POSSIBLE BUDGET RESOLUTION The City Manager and reviewed his memo on Pages 1812-1815 of the Council Packet. This dealt with the following: 1. Current mill rate and new assessed valuation. 2. Significant expenditures that were not budgeted in 1988. 3. Possible items for 1989. 4. Conclusion. There was no action taken on this item. PAYMENT OF BILLS MOTION made by Johnson, seconded by Abel to authorize the payment of bills as presented on the pre-list in the amount of $169,568.58,~when funds are available. A roll call vote was unanimously in favor. Motion carried. ADD-ON ITEMS COUNTY ROAD 15 STREET LIGHTS & STREET IMPROVEMENTS ASSESSMENTS The City Engineer presented the total costs of the two improve- ment projects. He asked that the Council declare the costs to be assessed and order the preparation of the proposed assessment in preparation for setting the assessment hearings. Abel moved and Jensen seconded the following resolution: RESOLUTION #88-112 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT - COUNTY ROAD 15 STREET IMP. 120 August 9, 1988 The vote was unanimously in favor. Motion carried. Abel moved and Jensen seconded the following resolution: RESOLIITION #88-113 RESOLIITION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT - COIINTY ROAD 15 STREET LIGHT IMP. The vote was unanimously in favor. Motion carried. ELECTION JIIDGE APPOINTMENTS Jensen moved and Abel seconded the following resolution: RESOLIITION #88-114 RESOLIITION APPOINTING ELECTION JIIDGES AS. RECOMMENDED FOR THE PRIMARY AND GENERAL ELECTIONS SEPTEMBER 13, 1988 & NOVEMBER 8, 1988 The vote was unanimously in favor. Motion carried. PRIVATE LIFT STATION - 6557 BARTLETT BLVD. - MICHAEL MALASKE The Mayor submitted a letter dated August 5, 1988, relating to problems Mr. Malaske has been having at his home with a private lift station. The City Manager stated that all repairs on private sewer lines are the responsibility of the homeowner. No action was taken. INFORMATIONlMISCELLANEOIIS A. Department Head's Monthly Reports for July, 1988. B. Minutes of the July 25, 1988, Planning Commission Meeting. C. Notice of Rate~Increase from Triax Cablevision (formerly Dowden), effective November 1, 1988. D. April 1, 1988, Population Estimates as provided by the Metropolitan Council.- Please note that our estimated population has increased to 9951. E. Travel information on the NLC Congress of Cities to be held in Boston, Massachusetts, December 3-?, 1988. F. Informational luncheon for local government officials in the Lake Minnetonka area will be held Wednesday, August 10, 1988, at Minnetonka Country Club. It is sponsored by McCombs Frank Roos and the City of Mound. The program will be presented by representatives of Hennepin Parks on various park issues. 121 August 9, 1988 G. Information from Hennepin County on Purple Loosestrife. H. Notice of Public Hearing on establishment of a solid waste tipping fee for Hennepin County. I. Notice of LMC Regional Meeting, Monday, September 12, 1988, at Robert Lee's (Hwy. 694 & Silver Lake Road). Please let Fran know by Tuesday, Sept. 6, if you plan to attend. MOTION made by Johnson, seconded by Abel to adjourn at 8:30 P.M. The vote was unanimously in favor. Motion carried. 1 ward J. S , Jr., City Man er Fran Clark, CMC, City erk 1 1