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1989-03-1529 March 15, 1989 MINUTES - MOUND CITY COUNCIL - MARCH 15, 1989 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Wednesday, March 15, 1989, at 7:30 P.M., in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Andrea Ah- rens, Liz Jensen, Phyllis Jessen, and Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr, Building Official, Jan Bertrand; Police Chief, Len Harrell; Finance Director, John Norman; Liquor Store Manager, Joel Krumm; City Engineer, John Cameron; Acting City Clerk Linda Strong; City Attorney Curt Pearson, and the following interested citizens: Robert Cuthill, Charles Stanisich, Clyde Wallin, Jim and Denise Roberge, Richard Indritz, and Stephen'Burke. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION made by Jensen, seconded by Ahrens to approve the minutes of the February 28, 1989, Regular Meeting as sub- mitted. The vote was unanimously in favor. Motion carried. SENIOR COMMUNITY SERVICES RECOGNITION Mayor Steve Smith had attended a banquet and awards ceremony sponsored by Senior Community Services. He presented two plaques the City had received recognizing the City's support of this program. PUBLIC HEARING: Proposed Street Vacation: Unnamed Extension of Arbor Lane; Southeasterly 12 feet of Southwesterly 40 feet of Lot 1 Skar & Lind ist~s Ravenswood. John Cameron updated the Council on this issue and presented the resolution. He estimated the amount needed in escrow to be $1000, with a refund if these funds were not used. The Planning Commission and Park Commission recommends approval. The Mayor opened the Public Hearing. Richard Indritz, attorney for Mr. Wallin spoke on his behalf and he agreed with the resolution. The Mayor closed the Public Hearing. Jessen moved and Johnson seconded the following resolution: RESOLUTION #89-27 RESOLUTION VACATING THE CITY INTEREST IN THE SOUTHEASTERLY TWELVE (12) FEET OF LOT 1, SUBDIVISION OF LOTS 1 AND 32, SKARP AND LINDQUIST'S RAVENSWOOD AND AUTHORIZING CONVEYANCE OF SAID PROPERTY 30 March 15, 1989 TO CERTAIN CONDITIONS. The vote was unanimously in favor. Motion carried. CASE #89-801: STEPHEN BURKE, 1741 BLUEBIRD LANE, LOTS 11 & 12 EXCEPT THE WESTERLY 2 FOOT. BLOCK 9, DREAMWOOD Request: Fence Height Interpretation & Possible Variance Jan Bertrand, Building Official, explained the history of the case. The motion made by the Planning Commission to approve the variance ended with a split vote, therefore, it was not approved. Jim and Denise Roberge spoke against approval of the variance, due to the fence being over 72 inches as it states in the Fence Ordinance. The Council discussed possible solutions. Jan ex- plained that due to interpretation of the Fence Ordinance, that it was difficult to enforce, since the ordinance also states to allow space for drainage. Roberge's diminished lake view was discussed. However, these are not "lakeshore" properties. The Council discussed the need for the wording of the Fence Ordinance to be clarified. This will be referred to the Planning Commis- sion for clarification of interpretation, regarding material length, allowable drainage space and maximum height of fence. Motion made by Johnson, seconded by Jensen to deny the request for a fence height variance. The motion passed with Ahrens, Jensen, Johnson and Smith in favor, Jessen opposed. Motion made by Jessen, seconded by Johnson to support the Building Officials interpretation of the Fence Ordinance pursuant to Section 23.502. The motion failed with Jessen in favor and Ahrens, Jensen, Johnson and Smith opposed. COMMERCIAL DOCK LICENSE - CHAPMAN PLACE MARINA City Manager, Ed Shukle, introduced this item and Mr. Bob Cuthill. Mr. Cuthill stated that the LMCD had approved their plans for the dock configuration. The management of this marina is Waterfront Specialities, Inc., a totally separate business from the Chapman Place Association. Mr. Cuthill explained that the dock count has been reduced from 51 to 27 and confined within the appropriate area. The marina land is a separate tax parcel from the Chapman Place Complex. The boat slips would be avail- able to the general public, not just Chapman Place residents. The Council was concerned about information needed from the LMCD that was unavailable at present. Motion made by Johnson, seconded by Ahrens to table this item until the March 28, 1989 meeting when the Mound repre- sentative of the LMCD could attend. The vote was unanimously in favor. Motion carried. 31 March 15, 1989 1988 DEPARTMENT HEAD ANNUAL REPORTS The following .Department Heads presented their 1988 annual reports to the City Council: Joel Krumm, Liquor Store Manager; Len Harrell, Police Chief and John Norman, Finance Director. PARR COMMISSION REPORT, PHYLLIS JESSEN, CITY COUNCIL LIAISON Councilmember Phyllis Jessen reported that the Park Commission renewed 1989 contracts with Community Services for lifeguards and the summer parks program. The April 13, 1989 meeting of the Commission will be at Al & Alma's at 7:00 PM, to discuss Chester Park and they will not reconvene at City Hall that evening. The parks that will be receiving new playground equipment are: Seton Park, Langdon Park and Tyrone Park. The Park Commission would like to have the jurisdiction over the recreational use of the wetlands. The Commission would like the police department to en- force the "no motorized vehicles on the park lands" to stop snow- mobiles from driving all over the parks. The suggestion was to set up some kind of trailways for this use. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were no comments or suggestions. RESOLUTIONS REGARDING REDUCTION IN STATE AID ROAD FUNDS The Council discussed the proposed resolution that would go to the State Legislature to not remove the "sunset" provision so state aid would continue to go to the City streets and county roads. Jessen moved and Jensen seconded the following resolution: RESOLUTION #89-28 FUNDING FOR STREET CONSTRUCTION IN MIN- NESOTA The vote was unanimously in favor. Motion carried. DISCUSSION: COMMITTEE OF THE WHOLE DATES The Council discussed the next date for the Committee of the Whole meeting. The date was set for Tuesday, April 18, 1989 at 6:30 PM. PAYMENT OF BILLS MOTION made by Jessen, seconded by Ahrens, to authorize the payment of bills as presented on the pre-list in the amount of $156,101.59, when funds are available. A roll call vote was unanimously in favor. Motion carried. 32 March 15, 1989 CITY NEWSLETTER City Manager, Ed Shukle, asked the Council for input on the name of the new upcoming Mound Newsletter. There was no action taken at this time. ECONOMIC DEVELOPMENT COMMISSION City Manager, Ed Shukle, stated that he has received 11 applica- tions for the six positions on the new Economic Development Com- mission. The Council decided on Saturday, April 1, 1989 at 9:30 AM to conduct interviews with these applicants. Mr. Shukle also mentioned that a representative from the Council needs to be ap- pointed for this commission. SET PUBLIC HEARING DATE City Manager, Ed Shukle, stated a public hearing date needed to be set to consider a conditional use permit for a Class II res- taurant fast food and convenience drive-up window in the B-1 Central Business District located at 5307 Shoreline Blvd. The restaurant would sell salads and sub sandwiches. Motion made by Ahrens, seconded by Jessen to set April 11, 1989 at 7:30 PM, for a public hearing on the conditional use permit for a Class II restaurant fast food convenience drive-up window, 5307 Shoreline Blvd. The vote was unanim- ously in favor. Motion carried. RESOLUTION RECOGNIZING FRAM CLARK, CITY CLERK AS THE 1988_-1989 PRESIDENT OF THE MINNESOTA MUNICIPAL CLERKS & FINANCE OFFICERS ASSOCIATION AND COMMENDING HER FOR THIS HONOR City Manager, Ed Shukle, stated that Fran Clark had completed a most successful year as the President of the MCFOA, and asked the Council to pass this resolution as such in her honor. Smith moved and Jessen seconded the following resolution: RESOLUTION #89-29 RECOGNIZING FRAN CLARK, CITY CLERK AS THE 1988-1989 PRESIDENT OF THE MINNESOTA MUNICIPAL CLERKS & FINANCE OFFICERS AS- SOCIATION AND COMMENDING FRAN FOR THIS HONOR The,vote was unanimously in favor. Motion carried. PROCLAMATION TO DESIGNATE APRIL 9 - 15, 1989 AS ~~NATIONAL BUILD- ING SAFETY WEER~~ Building Official, Jan Bertrand, informed the Council that during this week, several respective building officials from around the metro area will be conducting information seminars at local 33 March 15, 1989 building stores, her area being Knox in Hopkins. She then played a video tape about building codes and their importance. This tape may be shown on local Cable during that week to help inform the public. Jessen moved and Johnson seconded the following resolution: RESOLUTION #89-30 ADOPTION OF PROCLAMATION TO DESIGNATE APRIL 9, 1989 THROUGH APRIL 15, 1989 AS ~~NATIONAL BUILDING SAFETY WEER~~ The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: A. February 1989 Monthly Reports as prepared by the Department Heads. B. L.M.C.D. mailings since last packet. C. Notice of Public Hearing on Tipping Fee Reduction Schedules, Solid Waste Hauler License Fee and Special Fees in Accord- ance with Hennepin County Solid Waste Designation Ordinance - Tuesday, March 14, 1989, at 10:00 A.M. in the County Board Room at the Government Center downtown. D. REMINDERS: - Senior Community Services Volunteer Recognition Party on Wednesday, March 15, 1989, 4-6 P.M., at the Eisenhower Community Center, 1001 Highway 7, Hopkins. - March 14th regular meeting has been rescheduled to Wednesday, March 15. - League of Minnesota Cities 1989 Legislative Action Conference - March 29, 1989, at the Radisson Hotel in St. Paul. If you plan to attend, please let Fran know by March 20, 1989, so that advance registration can be made. On-site registration is $10.00 more per person. E. Discussion regarding Hennepin County proposal to install signal light at Commerce Blvd. and Lynwood Blvd., removing crosswalk at Ben Franklin and blocking off entrances to Coast to Coast lot from Commerce Blvd. will be held at the March 28, 1989, regular Council Meeting. Hennepin County officials will be here to present the proposal. A news release will be issued in the March 20th editions of the Laker and Sailor. F. Monthly Report from L.M.C.D. Representative, Tom Reese. 34 March 15, 1989 MOTION made by Jessen,seconded by Johnson, to adjourn at 11:20 P.M. The vote was unanimously in favor. Motion carried. Edwar Shukle, J City Manager 0 c ~~~`~`~ Li da Strong, Acting Clerk 1