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1989-05-2377 May 23, 1989 MINUTES - MOUND CITY COUNCIL - MAY 23, 1989 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 23, 1989, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Andrea Ah- rens, Liz Jensen, Phyllis Jensen, Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr, Acting City Clerk Linda Strong, City Attorney Curt Pearson, City Engineer John Cameron, Building Official Jan Bertrand, and the following interested citizens: David and Nancy Lanz, Carol Uppal, Harold and Bev Christianson, Devon Christianson, Nikole Prouty, Lloyd and Nick Gronberg, Curt and Margie Olson, Patrick Ruhr, Oswin Pflug, Mary Alexander, Craig Brenner, Mike Reilly, Gary Nordstrom, Freda Ol- son, Clay Olson, Bill Netka, Dorothy Netka, Jim Jaremko, Jack Wang, John Morgan, Paul Withers, Jane Chiesel, Jack Cook, Lori Hamm and John Hubler. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. Minutes The City Attorney, Curt Pearson, stated the motion on page 1642 of the minutes regarding the denial of the Bingo Hall should be amended to include "all the other reasons listed". Motion by Johnson, seconded by Jessen to amend the minutes to include "all the other reasons listed~~. The vote was un- animously in favor. Motion carried. Motion by Johnson, seconded by Ahrens to approve the amended minutes of the May 9, 1989 Regular meeting, May 9, 1989 Board of Review, and the May 16, 1989 Committee of the Whole meeting. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DelinCtuent Utility Bills City Manager Ed Shukle stated the revised amount was $2796.06. Mayor Smith opened the Public Hearing regarding delinquent utility bills. There was no one present in the audience who . wished to speak on this issue. The Mayor closed the Public Hear- ing. Johnson moved and Jensen seconded the following resolution: 1 ~s May 23, 1989 RESOLUTION 89-56 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $2796.06 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE TO THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. CASE #89-809: Variance request by Jack Cook. The Mayor stated that Mr. Cook has requested this item tabled until the June 13, 1989 regular meeting. MOTION made by Smith, seconded by Jensen to table this item until the June 13, 1989 meeting. The vote was unanimously in favor, motion carried. CASE #89-814: Resolution Denying a Request for a Conditional Permit Permit to Operate a Bingo Hall at 2313 Com- merce Boulevard. Johnson moved and Jensen seconded the following resolution: RESOLUTION #89-57 RESOLUTION DENYING A REQUEST FOR A CON- DITIONAL USE PERMIT TO OPERATE A BINGO HALL AT 2313 COMMERCE BOULEVARD The vote was unanimously in favor. Motion carried. CASE #89-817: David Lanz, 6230 Westwood Circle, Lot 5, Block 2, Westwood Circle; PID #23-117-24 23 0016 Re_guest: variance for Rear yard Setback Building Official Jan Bertrand explained that the three abutting properties had recently been surveyed and the applicant is requesting item 3B be removed from the resolution, which requests a current survey. Smith moved, Jensen seconded the following revised resolution: RESOLUTION #89-58 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE A 5 FOOT REAR YARD SETBACK VARIANCE FOR LOT 5, BLOCK 2, WESTWOOD; PID #23-117-24-23 0016 (6230 WESTWOOD CIRCLE) OMITTING ITEM 3B. The vote passed was three in favor with Jensen and Johnson voting nay. CASE #89-818: Thomas Rieltz, 2033 Arbor Lane, 3, Subdivision of Lots 1 & 32, Skarp & Lindquist, Request: Variance for Front & Side yard setback Jan Bertrand reviewed this with recommendation. 79 May 23, 1989 Jensen moved, Jensen seconded the following resolution: RESOLUTION #89-59 RESOLUTION TO RECOGNIZE AN EXISTING NON- CONFORMING STRUCTURE TO ALLOW STRUCTURAL MODIFICATIONS FOR LOT 3, SUBDIVISION OF LOTS 1 AND 32, SRARP & LINDQUISTS RAVENSWOOD ADDITION; PID #13-117-24 41 0032, (2033 ABROR LANE) The vote was unanimously in favor. Motion carried. CASE #89-819: Patrick & Diane Ruhr, 5133 Emerald Drive, Part of Lot 1, Block 1, Shirley Hills Unit C, PID #24-117- 24 13 0016 Request: Variance for Existing Side yard Setback Jan Bertrand explained that the survey on file was done in 1949 and not accurate. There is no building or evelations on the sur- vey. The City Attorney reccommended a survey be done. Johnson moved, Ahrens seconded the following resolution be ap- proved upon the condition that a current survey be obtained: RESOLUTION #89-60 RESOLUTION TO RECOGNIZE AN EXISTING NON- CONFORMING STRUCTURE TO ALLOW STRUCTURAL MODIFICATIONS FOR LOT 1, BLOCK 1, SHIR- LEY HILLS UNIT ~~C~~; PID #24-117-24 13 0016, (5133 EMERALD DRIVE) The vote was unanimously in favor. Motion carried. CASE #89-820: Harold & Beverly Christianson, 2933 Cambridge Lane, Lots 7 & 8, Block 34, W~chwood, PID #24-117 24 42 0007 Request: Variance for Side and Rear Yard Setback Jan Bertrand reviewed this item, the Planning Commission recom- mended approval. Jensen moved, Johnson seconded the following resolution: RESOLUTION #89-61 RESOLUTION TO RECOGNIZE AN NONCONFORMING STRUCTURE TO ALLOW STRUCTURAL MODIFICA- TIONS FOR LOTS 7 & 8, BLOCK 34, WYCHWOOD; PID #24-117-24 42 0007 (2933 CAMBRIDGE LANE) The vote was unanimously in favor. Motion carried. Request for Assistance - Eurasian Water Milfoil Problem at Dutch Lake - Richard Wagner, Chairman, Citizens Concerned About Dutch Lake 80 May 23, 1989 John Hubler, 5816 Grandview Blvd., spoke on behalf of the Citizens Concerned for Dutch Lake, and their concern about Eurasian Milfoil to Dutch Lake. Presently, the DNR has stated that there is no Milfoil in Dutch Lake, and this group would like to keep it that way. His request was to have the City place sig- nage at the two public accesses stating the precautions visiting boaters must do to prevent the spread of this weed. Council stated the DNR is preparing such signage, but would not be avail- able for the Memorial weekend. Council asked Public Works to make temporary signage until the DNR signs are available. Comments and Suggestions from Citizens Present There were no comments and suggestions. Proposal to Revise Park Dedication Fee Schedule, Section 330:120 of the City Code Building Official Jan Bertrand discussed this item with the Coun- cil. Park dedication fees had been a percentage fee or donation of land. Park Commission recommended to adopt a resolution iden- tifying a $500 per unit park charge. This is computable to fees of other area cities. Sewer and water deficient unit charges were also discussed. Recommendation is to discontinue all deficiencies and increase the present city sewer and water availability charges from $125 to $300 each. The City Attorney stated that the ordinances would have to be changed. Council directed Staff to make a draft for the required ordinance changes and return the proposed ordinance for Council consideration. Request for Maintenance Permit, Rodney Beystrom, 4465 Denbicth Road Councilmember Jessen reviewed this item stating that Mr. Beystrom's dock is a channel dock, running parallel to the shoreline. The area is not accessible to other docks. Recommen- dation is to allow this type of dock through the 1989 season. The Park Commission will be establish wordage on channel docks. Motion made by Johnson, seconded by Jessen and carried un- animously to approve the Maintenance Permit for Rodney Beystrom. Recommendation from Park Commission Regarding Pembroke Park Win- ter Motorized Vehicle Access Councilmember Jessen stated the word winter should be removed, as the commission would like no motorized vehicles year around. The vehicle traffic in this park is heavy and dangerous to children playing in the area. Jane Chiesl, an abutting neighbor to the 81 May 23, 1989 park, was present to speak on behalf of the neighborhood. Coun- cil noted that the ordinance states no launching, mooring or docking of water craft is allowed from June 1st through September 15th at this park. Council recognized that the existing or- dinance needs to be enforced. The Park Commission will meet in August to discuss the winter use of the park. The item will return to the Council in September. Proposed Street Improvements on Denbigh Road City Engineer John Cameron reviewed this item showing a drawing indicated present easements and needed easements. The following citizens spoke on the issue: Freda Olson, John Morgan, Paul Withers, Jim Jaremko and Ozzie Pflug. Johnson moved and Jensen seconded the following resolution: RESOLUTION #89-62 RESOLUTION TO ACCEPT THE FEASIBLITY REPORT FROM THE CITY ENGINEER AND ORDER A PUBLIC HEARING ON THE STREET IMPROVE- MENT OF DENBIGH ROAD ON JUNE 27, 1989, 7:30 PM, IN THE CITY COIINCIL CHAMBERS The vote was unanimous ly in favor. Motion carried. An Ordinance Amending Section 170 of the City Code By Adding Sec- tions 170:15, 170:25 and 170:30 Relatin g to Unclaimed, Lost or Abandoned Property City Manager Ed Shukle gave the history of this item. He stated the way the ordinance is currently written there is no incentive to turn lost money as the money (if not claimed) goes into the general fund. The City Attorney has updated the ordinance for Council approval. Changing the verbage to be non-gender and the word "may" to "shall". Smith moved and Jensen seconded to approve as amended the follow- ing resolution: ORDINANCE #27-1989 ORDINANCE AMENDING SECTION 170 OF THE CITY CODE BY ADDING SECTIONS 170:15, 170:20, 170:25 AND 170:30 RELATING TO UNCLAIMED, LOST OR ABANDONDED PROPERTY The vote was unanimously in favor. Motion carried. An Ordinance Amending Section 905:00 of the City Code, Adding Subdivision 5A, Relatingt to the Possession of Knives on School Grounds Mary Alexander, Principal of Grandview Middle School, spoke on this item. She stated the school has a ruling on no knives on 82 May 23, 1989 school grounds, having it become a city law would assist the school in enforcing this rule. Smith moved, Jensen seconded the following ordinance: ORDINANCE #28-1989 AN ORDINANCE AMENDING SECTION 905:00 RELATING TO THE CITY CODE, ADDING SUB- DIVISION 5A RELATING TO THE POSSESSION OF KNIVES ON SCHOOL GROUNDS The vote was unanimously in favor. Motion carried. An Ordinance Repealing Sections 1000:05, 1000:10 and 1000:15 of the City Code, Relating to Nuisances and Abatement in Their En- tirety and Replacing Them With Revised Sections 1000:05A, 1000:10A, 1000:15A Relating to Nuisances and Abatement. City Manager Ed Shukle explained these ordinances are overlapping and need combining to simplify their meanings. Johnson wanted item a of Section 1000:10A, to be amended as follows: "..and punch boards, unless approved as a legal devise by the State of Minnsota." Jensen moved and Smith seconded to approve the following or- dinance as amended: ORDINANCE 29-1989 RESOLUTION APPROVING THE AMENDED OR- DINANCE REPEALING SECTIONS 1000:00, 1000:10, 1000:15 RELATING TO NUISANCES AND ABATEMENT IN THEIR ENTIRETY AND REPLACING THEM WITH REVISED SECTIONS 1000:00A, 1000:10A, 1000:15A RELATING TO NUISANCES AND ABATEMENT. The vote was unanimously in favor. Motion carried. RECYCLING UPDATE City Manager Ed Shukle stated the City had received a bid for recycling from Waste Management. However, they cannot start un- til July. The company wants an 18 month contract, and the 80% refund level from the County is good through 1989. He said details still needed to be worked. Council stressed their com- mitment to recycling and directed staff to research a possible drop off site for the month of June. Notice of this information will be in the local newspapers next week. DISCUSSION: Central Business District (CBD) Parking Lot City Manager Ed Shukle gave the history on this item. He stated Dakota Rail owns property which the City leases for the CBD park- ing. The City assesses the CBD for maintenance expense on this 1 83 May 23, 1989 property according to each businesses usage. Dakota Rail wants to sell this property. Council directed Staff to research fund- ing and price of property and return the information to Council. No further action was taken at this time. Approval of Licenses Licenses presented for approval were the Mound Fire Department for the Fish Fry on June 10, 1989, requesting the fee be waived: Charitable Organization 3.2 Beer Permit Public Dance Permit Sign-up Permit Also, Mound City Days requests the following permits with fees waived: Merchant sales Concessions Craft shows Carnival Fireworks Motion by Smith, seconded by Jensen to approve the licenses and permits as listed. The vote was unanimously in favor. Motion carried. Payment of Bills Motion made by Jensen, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $182,224.38, when funds are available. A roll call vote was unanimously in favor. Motion carried. I~ Information/Miscellaneous A. April 1989 Financial Report as prepared by John Norman, Finance Director. B. Park Commisson Minutes of May 11, 1989 C. Planning Commission Minutes of May 8, 1989 D. Letter from Janelle Hunt, Community Education Coordinator, Westonka Public Schools to Mayor Steve Smith E. LMCD Minutes of April 26, 1989 F. REMINDER: Reconvened Board of Review - Wednesday, May 24, 1989, 7:00 PM G. REMINDER: Joint Meeting with Public Facilities Task Force, Thursday, June 1, 1989, 7 PM, City Council Chambers. Task Force will review formal report with City Council. Please 84 May 23, 1989 mark your calendars. MOTION made by Jessen, seconded by Jensen to adjourn at 11:00 P.M. The vote was unanimously in favor. Motion carried. ,~'r Linda Strong, Deputy C y Clerk 1