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1989-07-25116 July 25, 1989 MINUTES - MOUND CITY COUNCIL - JULY 25, 1989 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 25, 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 Jensen and Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, Attorney Curt Pearson, City Engineer John Cameron, Building Offi- cial Jan Bertrand, City Planner Mark Koegler and the following interested citizens: Bryan Clem, Ray Barnard, Orv Fenstad, Mechelle Severson, John Friden, James & Sandra Ruud, Henry Spott, Matt Ruppert, Robert Harding, Cliff & Carolyn Schmidt, Kay Ostman, Wm. Thal, Jerry Tasa, Ron Johnson, Pat Meisel and Stan Drahos. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES Councilmember Jensen asked that the following corrections be made to the July 11, 1989, Minutes: Page 113 - second to the last paragraph "make" be corrected to read "maker"; and Page 114 - Resolution #89-83 - the maker and seconder of the motion was omitted. MOTION made by Jessen, seconded by Ahrens to approve the minutes of the July 11, 1989, Regular Meeting as corrected and the July 18, 1989, Committee of the Whole Minutes as submitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS City Manager Ed Shukle explained that the revised amount was $4,250.73. The Mayor opened the Public Hearing. There was no response. The Mayor closed the Public Hearing. Johnson moved and Jensen seconded the following resolution: RESOLUTION 89-85 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $4,250.73 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE TO THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. 117 July 25, 1989 CASE #89-828: ROBERT HARDING, 5238 SEABURY ROAD, LOTS 8 & 14, BLOCK 24, WHIPPLE, PID #25-117-24 21 0078, VARIANCE (RECOGNITION OF EXISTING NONCONFORMING SETBACK) The Building Official explained the request. The Planning Com- mission recommended approval. Mr. Harding was present and agreed with the nrobosed resolution. Jensen moved and Jensen seconded the following resolution: RESOLUTION #89-86 RESOLUTION TO RECOGNIZE AN EXISTING NON- CONFORMING STRUCTURE TO ALLOW STRUCTURAL MODIFICATIONS FOR LOTS 8 & 14, BLOCK 24, WHIPPLE; PID #25-117-24 21 0078 (5238 SEABURY ROAD); P & Z CASE #89-828 The vote was unanimously in favor. Motion carried. CASE #89-829: STEVEN SEVERSON (4500 WILSHIRE BLVD.), CAROL STODOLA (4510 WILSHIRE BLVD.), & GORDON C. ANDER- SON (2757 ANGLESSEY LANE, LOTS 3,4,5,6,7,8, SEly 1/2 OF LOT 2, AND 1/2 OF ADJACENT CARNARVON LANE, BLOCK 6, AVALON, PID #'S 19-117-23 31 0018/0019/0014, MINOR SUBDIVISION The Building Official explained that this was approved originally in 1981 but the resolution was never filed and has now expired. The Planning Commission recommended approval. The City Attorney suggested that the filing of this resolution could cause a problem with marketable title for all the persons involved if all the necessary legal documents have not be prepared and signed by all the parties holding interests in these properties. He suggested that the applicants obtain the service of an attorney to advise them of the proper course of action before this resolution is approved. MOTION made by Johnson moved, this matter to a later date obtain legal advice on the prevent title problems later. favor. Motion carried. seconded by Ahrens to continue o give the applicants time to proper course of action to The vote was unanimously in CASE #89-831: JAMES & SANDRA RUUD, 2233 LYNWOOD BLVD., LOTS 35, & PT OF 34, LYNWOLD ADDITION TO MOUND, PID #14- 117-24 43 0045, SETBACK TO PLACE AN ACCESSORY BUILDING WITH NO PUBLIC RIGHT-OF-WAY The Building Official explained the request. The Planning Com- mission recommended approval. 118 July 25, 1989 Mr. & Mrs. Ruud were present and asked that they be allowed to construct the garage 18 feet from the east property line because the ground drops off and they would have to bring in more fill. Mr. Ruud further stated that the proposed resolution says the new garage will be 25' x 25' and it should read 24' x 24'. The City Attorney questioned the legal description in the proposed resolution. The Building Official stated that it needed to be corrected to read "Part of Lot 34, Koehler's Second Addi- tion to Mound and Lot 35, Lynwood Addition to Mound. The City Attorney recommended that the applicant have a survey, make sure the property description is correct and get an updated title opinion so that there are no marketable title problems later. He further stated that the minutes should reflect that this was his recommendation to the applicant and asked that a copy of these minutes be placed in the applicant's property jacket for future reference. The applicant stated he had a title opinion when he purchased the property in 1976 and requested that he not be required to obtain a survey. MOTION made by Smith, seconded by Ahrens to approve the request with the following changes and additions: an 18' setback to the east property line; a certified land survey be submitted; the applicant to provide a corrected property description; and the applicant be encouraged to get an up- dated title opinion so that there are no marketable title problems later. The Council discussed the possibility of title problems. The City Attorney recommended continuing the item for 2 weeks to allow the applicant time to consult an attorney regarding the title problems he would be creating for him- self. The seconder withdrew her second and the maker withdrew his motion. MOTION made by Smith, seconded by Jessen to continue this this item for two weeks. The vote was unanimously in favor. Motion carried. R~UEST FROM SKIP JOHNSON TO MOVE A HOUSE FROM ONE LOT TO ANOTHER. ISLAND VIEW DRIVE TO MANCHESTER ROAD. Councilmember Johnson removed himself from the Council for this item. The Building Official explained the request. The Building Offi- cial explained that the Planning Commission recommended approval 119 July 25, 1989 as the house is in the same neighborhood as the location to be moved and it aesthetically fits into the area. Bryan Clem, 4436 Manchester objected to the moving of the house because his house and the house on the other side of the proposed vacant lot are worth more structurally than the house to be moved in. He further stated that the house does not fit into his neighborhood. Mr. Clem brought up past considerations of moving homes and stated the Council has denied them in the past. Orv Fenstad, 4366 Wilshire Blvd., questioned Mr. Johnson on his ownership of the house to be moved and stated it was a substan- dard home. Stan Drahos, 5016 Woodridge, stated he has done work in this house and knows it is a nice home. The Council discussed past proposed house movings and stated their reason for not allowing the others was because the houses did not aesthetically fit into the neighborhoods where they were to be located. The Council discussed the procedures followed on notification of surrounding neighbors when a request of this nature arises. MOTION made by Smith, seconded by Ahrens to have Mr. Johnson submit an application for the moving of this home; have the Building Official do a detailed walk through of the home and report on what needs to be done to bring it up to current building code requirements; refer this item back to the Planning Commission for a public hearing notifying the af- fected neighbors; and then bring it back to the Council for final disposition. The vote was 4 in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. RESOLUTION ACCEPTING AND APPROVING THE AUDIT AND FINANCIAL REPORT FOR 1988 Jensen moved and Johnson seconded the following resolution: RESOLUTION #89-87 RESOLUTION ACCEPTING AND APPROVING THE AUDIT AND FINANCIAL REPORT FOR 19$8 The vote was unanimously in favor. Motion carried. FENCE VARIANCE - BEHIND BALBOA BUSINESS CENTER The City Planner explained the request. He further stated that the Zoning Code does not adequately address allowable heights for 120 July 25, 1989 fences in industrial areas. The Planning Commission did recom- mend approval. Johnson moved and Jensen seconded the following resolution: RESOLUTION #89-88 RESOLUTION TO ALLOW THE PROPOSED 6~ HIGH WOODEN FENCE TO BE ERECTED BEHIND THE BALBOA BUSINESS CENTER (LYNWOOD BLVD.) i` The vote was unanimously in favor. Motion carried. PRESENTATION OF A REPORT ON THE FUTURE UPGRADING OF CITY HALL FACILITIES AS DEVELOPED BY THE CITIZENS TASK FORCE ON PUBLIC FACILITIES, PAT MEISEL, CHAIRPERSON Pat Meisel presented the report on the future expansion of City Hall that was prepared by the Citizen's Task Force on Public Facilities. City Engineer John Cameron reviewed the existing conditions and proposed expansion and remodeling of City Hall. He reported that the preliminary cost estimate for the total new addition and remodeling project is $886,064.00. The new addition estimated cost of $576,576, less the elevator and site work, works out to be approximately $70.00 per square foot. Pat Meisel stated that the Task Force would like to see this acted upon by September of this year so that ground breaking could be in early 1990. The Council discussed holding public hearings and how they would finance this project. They decided to set two public hearings, one August 22nd and one September 12th with tours of the building prior to the hearings. Councilmembers Ahrens, Johnson, and Mayor Smith stated they felt this expansion should be tied to the decision on what to do with the the Lost Lake stock pile site. Councilmembers Jensen and Jensen stated they did not believe this was appropriate. Johnson moved and Jessen seconded the following resolution: RESOLUTION #89-89 RESOLUTION OFFICIALLY ACCEPTING THE REPORT FROM THE CITIZEN~B TASK FORCE ON PUBLIC FACILITIES REGARDING THE FUTURE EXPANSION OF CITY HALL J The vote was unanimously in favor. Motion carried. The Council thanked the Task Force for the time and effort they put forth on studying and reporting to the Council. 121 July 25, 1989 BID AWARD: CURBSIDE COLLECTION OF RECYCLABLES The City Manager reported that only one bid was received from BFI. Waste Management submitted a letter stating they could not meet the start up date of September 1, 1989. The bid from BFI was as follows: Bi-monthly - $1.45 per household Weekly - $2.05 per household. They will pick-up on a two day schedule, Mondays and Tuesdays of the first and third weeks of the month. The time frame of the contract will be from September 1, 1989 thru December 31, 1990, with the option of going with weekly pick-up anytime after January 1, 1990. Johnson moved and Jensen seconded the following resolution: RESOLUTION #89-90 RESOLUTION TO ACCEPT THE BID OF BFI FOR THE BI-MONTHLY RECYCLING CURBSIDE PICR- UP AS SUBMITTED The vote was unanimously in favor. Motion carried. ESTIMATED GENERAL LEVY FOR 1990 The City Manager explained that in order to comply with the cur- rent Truth in Taxation law, the City must notify the Hennepin County Auditor of an estimated levy by August 1, 1989. He fur- ther explained that this can be lowered later, but if the City does not notify the Auditor by the August 1st date, it could not levy more than the 1989 levy limit. Johnson moved and Jensen seconded the following resolution: RESOLUTION #89-91 RESOLUTION ESTIMATING GENERAL LEVY FOR 1990 TO HENNEPIN COUNTY AUDITOR The vote was unanimously in favor. Motion carried. 1989 SEAL COAT PROJECT MOTION made by Jessen, seconded by Jensen to authorize final payment to Allied Blacktop, in the amount of $33,731.58, for the 1989 Seal Coat Project. The vote was unanimously in favor. Motion carried. 1 ~~ 122 July 25, 1989 PAYMENT OF BILLS MOTION made by Jensen, seconded by Johnson to authorize the payment of bills as presented on the pre-list in the amount of $143,122.30, when funds are available. A roll call vote was unanimously in favor. Motion carried. ADD-ON ITEMS BETHEL METHODIST CHURCH Smith moved and Jensen seconded the following resolution: RESOLUTION #89-92 RESOLUTION PROCLAIMING AUGUST 19 & 20 BETHEL UNITED METHODIST DAYS IN THE CITY OF MOUND The vote was unanimously in favor. Motion carried. CDBG SUBRECIPIENT AGREEMENT (CONTRACT X90726) Jensen moved and Johnson seconded the following resolution: RESOLUTION #89-93 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A SUBRECIPIENT AGREEMENT (CONTRACT #90726) WITH HEN- NEPIN COUNTY FOR THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The vote was unanimously in favor. Motion carried. WAIVER OF WAITING PERIOD FOR GAMBLING LICENSE MOTION made by Smith, seconded by Jensen to waive the 60 day waiting period for a gambling permit for the Northwest Tonka Lions to operate at the Mound Lanes. The City Clerk will notify the Charitable Gambling Commission of the waiver. The vote was 4 in favor with Johnson abstaining. Motion carried. ANSWER TO REQUEST FOR SIGNAGE INDICATING MOUND ON HIGHWAY 12 The City Manager presented the Minnesota Department of Transportation's answer to Mound's request for signage on Highway 12 near County Road 15 West indicating Mound. They have denied the request. The Council directed the City Manager to explore the signage issue with other cities and then, if agreed to by these cities, contact MN DOT again to see if they would approve the request to place the area cities names on the sign. 123 July 25, 1989 INFORMATION/MISCELLANEOUS: A. Financial Report for June 1989, as prepared by the Finance Director, John Norman. B. Thank you note from Mary Lou & Jetty Philbrook. C. LMCD Mailings. The Council asked that Tom Reese, L.M.C.D. Representative for Mound be requested to address the Council periodically on items happening with the L.M.C.D. They asked that Mr. Reese report to the Council on September 12, 1989. D. Planning Commission Minutes - July 10, 1989. E. Park Commission Minutes - July 13, 1989. F. REMINDER: Annual National League of Cities Congress of Cities to be held in Atlanta, Georgia, November 25-29, 1989. Please let Fran know before August 28th if you are inter- ested in attending. (You received this brochure separately.) MOTION made by Ahrens, seconded by Johnson to adjourn at 11:15 P.M. The vote was unanimously in favor. Motion carried. ward J. S u , Jr., City Man r Fran Clark, CMC, City Clerk