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1989-10-24I69 October 24, 1989 MINUTES - MOUND CITY COUNCIL - OCTOBER 24, 1989 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 24, 1989, following the Board of Review, 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., City Clerk Fran Clark, Attorney Curt Pearson, City Planner Mark Koegler and the follow- ing interested citizens: Bryan Clem, Brian Johnson, Jack & Kay Ostvig, Doug & Donna Easthouse, Larry Wagner, Myrt & Skip Blank, Mrs. Robert Lyckholm, David Zawada, Bonnie Engle, Todd Gray, Duane Barth, Bruce McComb, Marcy Lemmon, and Scot McKenzie 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 October 10, 1989, Regular Meeting and the Oc- tober 19, 1989, Committee of the Whole Meeting, as sub- mitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS City Manager Ed Shukle explained that the revised amount was $2,989.90. The Mayor opened the Public Hearing. James Anderson, 4781 Aberdeen Road asked if he could make arrangements to pay his outstanding $148.32 utility bill. The Council instructed him to contact Finance Director John Norman tomorrow morning. The Mayor closed the Public Hearing. Johnson moved and Jessen seconded the following resolution: RESOLUTION 89-133 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $2,841.58 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE TO THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. REQUEST FOR EXTENSION OF RESOLUTION #87-182 FOR MR. & MRS. ROLAND MC ALLISTER Jessen moved and Johnson seconded the following resolution: 170 October 24, 1989 RESOLUTION #89-134 RESOLUTION TO APPROVE THE EXTENSION OF RESOLUTION #87-182 FOR ONE YEAR The vote was unanimously in favor. Motion carried. CASE #89-844: SCOT MC RENZIE. 4861 HANOVER ROAD, LOTS 6 & 15, BLOCK 16, DEVON, PID #25-117-24 11 0061/0062, FENCE HEIGHT VARIANCE The City Planner explained the request. He stated that the fence in some places is as high as 92 to 101 inches from the adjoining grade. The allowable height is 72 inches, except when a fence is placed on top of a retaining wall then the maximum height is 42". The Planning Commission is working on changes in the fence or- dinance. The Planning Commission recommended denial of the request because they felt there was a lack of hardship. Mr. McKenzie was present and stated he wants the high fence due to the appearance of his neighbors yard. MOTION made by Jensen, seconded by Jessen to direct the City Attorney to prepare a resolution of denial for the fence height variance, 4861 Hanover Road, Lots 6 & 15, Block 16, Devon, PID #25-117-24 11 0061/0065 and bring back to the next Council Meeting. The vote was unanimously in favor. Motion carried. CASE #89-845: BRUCE MC COMB, 3005 BRIGHTON BLVD. HOUSE MOVING - TO 4723 CUMBERLAND ROAD. NORTH 101 OF LOT 38 & W 1/2 OF LOT 39, BLOCK 10, PEMBROKE, PID #19-117-23 33 0195 The City Planner explained the request. The Planning Commission recommended approval subject to alterations, replacements and repairs being made to the structure prior to relocation. They also recommended requiring a bond at 125% of the proposed finished value of the house to ensure completion of the project. Mr. McComb was present and explained his proposal to the Council. The Council discussed the procedures involved in moving a house. The ordinance is vague and does not set out a policy an how these issues should be handled. They discussed notification of all persons within 350 feet of the proposed site where the house is to be moved and decided that those people should be notified also. ~~ MOTION made by Jensen, seconded by Ahrens to table this issue until the November 28, 1989, Council Meeting and refer the item back to the Planning Commission for a public hear- ing and notify all the property owners within 350 feet of the proposed site where the house would be moved. The vote was unanimously in favor. Motion carried. 171 October 24, 1989 REQUEST TO BUILD DECK AND STAIRWAY WITHIN A SCENIC EASEMENT, 2920 HIGHLAND COURT, FOR CREATIVE DEVELOPERS (DUANE BARTH) The City Planner explained the request. The Planning Commission recommended approval upon the condition that an erosion control measure, acceptable to the City, be placed under the deck. Mr. Barth, developer and Mr. Gray owner of the property were present and agreed with the Planning Commission recommendation. Johnson moved and Jessen seconded the following resolution: RESOLUTION #89-135 RESOLUTION TO ALLOW BUILDING A DECK WITHIN A SCENIC EASEMENT AS PER EXHIBIT A, PROVIDED THAT AN EROSION CONTROL MEASURE, ACCEPTABLE TO THE CITY, BE PLACED UNDER THE DECK, 2920 HIGHLAND COURT, LOT 2, BLOCK 1, COBBLESTONE COVE, PID #23-117-24 41 0028 The vote was unanimously in favor. Motion carried. UPDATE FROM CITY ATTORNEY ON MELVIN ZUCRMAN CASE The City Attorney suggested that the Council defer this item for one month, until the November 28, 1989, Council Meeting. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT Matthew Phillippi, owner of property at 4519 Manchester Road stated he has a problem with a driveway easement. The Council suggested he contact Building Official, Jan Bertrand and work with her. CONSIDERATION OF RELOCATING COMMONS DOCKS AT AVALON PARR The City Clerk explained the background. The following persons spoke with regard to the issue: Kay & Jim Ostvig, Brian Johnson, Doug Easthouse, Cliff Schmidt, Bryan Clem, Mrs. Robert Lyckholm, Dave Zawada. The Council discussed holding a public hearing on the Avalon Park dockage issue. The City Attorney explained that the Dock ordinance provides for the Park Commission to review the dock location map between July 1 and December 1 before each new boating season so their recom- mended changes may be referred to and considered by the City Council on or before January 15. The City Manager stated the Park Commission will be reviewing the dock location map at their November 9th meeting. 172 October 24, 1989 The Council asked the newspapers to publicize the Park Commission Meeting on November 9th alerting all residents of the review of the dock location map to gain input from people for and against docks in park areas. RESOLUTION TO APPOINT RESPONSIBLE AUTHORITY FOR THE MINNESOTA DATA PRACTICES ACT The City Attorney explained that this resolution is to comply with the State Law regarding the Data Practices Act. It appoints Edward J. Shukle, Jr. as the Responsible Authority and Designees Francene C. Clark and Leonard Harrell. In the next few weeks he will be bringing the procedures to follow for the Council to review. Jensen moved and Johnson seconded the following resolution: RESOLUTION #89-136 RESOLUTION TO APPOINT RESPONSIBLE AUTHORITY FOR THE MINNESOTA DATA PRAC- TICES ACT The vote was unanimously in favor. CONSIDERATION OF RESOLUTION ZONE ON PART OF EAST SIDE OF DICREN3 LANE The City Manager explained that a resident has expressed a safety concern about having a parked car on the east side of Dickens Lane when traveling north up the hill and not being able to see if there is oncoming traffic before the crest of the hill. The Police Dept. and Public Works have reviewed the situation and recommend that there be no parking on the east side of Dickens Lane from the NSP pole south of 2900 Dickens Lane to the rock in front of 2930 Dickens Lane. Ahrens moved and Johnson seconded the following resolution: RESOLUTION #89-137 RESOLUTION DESIGNATING NO PARKING ZONE ON PART OF EAST SIDE OF DICKENS LANE The vote was unanimously in favor. Motion carried. SET PUBLIC HEARING FOR THE PRESENTATION OF 1990 BUDGET AND DATE FOR THE RECONVENING OF BUDGET HEARING MOTION made by Johnson seconded by Jensen to set the Tuesday, November 28, 1989, at 7:30 P.M. for the Budget Hearing and Tuesday, December 5, 1989, at 7:30 P.M. for the Reconvened public hearing on the 1990 budget. The vote was unanimously in favor. Motion carried. 173 October 24, 1989 PETITION FROM MRS. SANDY BASTIEN, 2541 LAREWOOD LANE - RE: SANITARY SEWER CONNECTION The City Manager explained that when the property at 2541 Lakewood Lane was connected to the sanitary sewer there were two lots and the home at 2541 Lakewood Lane was connected to the wrong connection. A new home has now been built on the vacant lot and it is necessary for this home to be connected to the service which is currently being utilized by the property at 2541 Lakewood Lane. The property owner has agreed to correct this error by connecting to the proper sewer service connection, but wishes to have the cost assessed to her property over the next ten years at 8~ interest. The property owner has executed a petition for local improvement, has signed an agreement to special assessments, and has executed a temporary construction easement. The estimated cost of this project is not to exceed $2,000. Jessen moved and Johnson seconded the following resolution: RESOLUTION #89-138 RESOLUTION OF AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL - 2541 LAREWOOD LANE - CONNECTION TO SANITARY SEWER The vote was unanimously in favor. Motion carried. CONSIDERATION OF PROPOSED POLICY ON APPOINTMENTS TO THE CITY'S PLANNING, PARRS AND ECONOMIC DEVELOPMENT COMMISSIONS The Council discussed the proposed policy on appointments and/or reappointments to the Planning Commission, Park Commission and the Economic Development Commission. The proposed policy is as follows: "The City Council of the City of Mound, Minnesota, hereby establishes the following policy: Definitions of "Vacancy": A vacancy occurs when a term expires and the commissioner holding that term does not desire reappointment. A vacancy also occurs when a commissioner resigns his/her position prior to the term expiring. 1. When a vacancy occurs, the City Manager is directed to advertise in the City's official newspaper that there are positions to be filled on a commission(s). Such advertising shall be done in the form of a "news release". 2. Such news release shall include, but not be limited to, the number of vacancies, the length of the term, or request for letter of interest and/or resume, application deadline date, etc. The news release shall 174 October 24, 1989 also state that prospective applicants will be required to interview with the City Council and respective commission jointly. Such interviews will be conducted as soon as possible following the application deadline. Each commission will formally recommend appointments following the joint interviews. The City Council will review those recommendations and will be responsible for making the appointments. 3. Current commission members who wish to be reappointed must indicate such and the reasons for being reappointed in writing a minimum of sixty (60) days prior to their term expiring. 4. If a member resigns during his/her term, such resignation must be in writing and submitted to the City Manager. 5. In the case of member resigning with less than ninety (90) days remaining on his/her term, the City Council, at its discretion, may delay filling the vacancy until the term officially expires." Jensen moved and Johnson seconded the following resolution: RESOLIITION #89-139 RESOLUTION APPROVING A POLICY ON APPOINTMENTS AND REAPPOINTMENTS TO ADVISORY COMMISSIONS The vote was three in favor with Ahrens and Smith voting nay. Motion carried. AN ORDINANCE AMENDING SECTIONS 255:05 AND 260:10 RELATING TO QUALIFICATIONS FOR PARR ADVISORY AND ECONOMIC DEVELOPMENT COMMISSIONS Since the above policy was approved ordinance sections 255:05 and 260:10 need to be amended to reflect the change in policy. Jessen moved and Jensen seconded the following ordinance: ORDINANCE #36-1989 AN ORDINANCE AMENDING SECTIONS 255:05 AND 260:10 RELATING TO QUALIFICATIONS FOR PARR ADVISORY AND ECONOMIC DEVELOPMENT COMMISSIONS The vote was three in favor with Ahrens and Smith voting nay. Motion carried. 175 October 24, 1989 PAYMENT OF BILLS MOTION made by Jessen, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $130,274.54, when funds are available. A roll call vote was unanimously in favor. Motion carried. CBD SNOW REMOVAL BID The City Manager explained that only one bid was received from Widmer Bros. for the Central Business District snow removal for 1989-90. It is the same amount as the 1988-89 bid, as follows: Rubber Loader Model 66 Kawasaki (4 yd.) 78.00/hr. 2 - 950 Cat (3 yd.) 72.00/hr. Road Patrol Model 14 Cat Blade 60.00/hr. 2 - T Dump Trucks with Plow & Sander 48.00/hr. Pickups with Plows 44.00/hr. Dump Trucks 45.00/hr. Bobcat 58.00/hr. Salt-Sand Mixture 35.00/yd. L Smith moved and Johnson seconded the following resolution RESOLUTION #89-140 RESOLUTION ACCEPTING AND AWARDING THE BID FOR 1989-90 CBD SNOW REMOVAL TO WIDMER BROS. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: A. Financial Report for September as prepared by John Norman, Finance Director. B. L.M.C.D. Mailings. C. Planning Commission Minutes of October 9, 1989. D. Park Commission Minutes of October 12, 1989. E. AMM Legislative Policy Adoption Meeting to be held Thursday, November 2, 1989, 5:45 P.M., at the Minneapolis Metrodome Hilton. F. League of Minnesota Cities Policy Adoption Meeting to be held Thursday, November 16, 1989, 8:00 A.M., at Hotel Sofitel, Bloomington. 176 October 24, 1989 G. Invitation from the Legislative Commission on Minnesota Resources to attend a conference focusing on the future of the environmental trust fund entitled, "Natural Resource Congress". This will be held Saturday, October 28, 1989, 10:00 A.M. to 5:30 P.M., State Office Building, St. Paul. There is no charge. MOTION made by Ahrens, seconded by Jensen to adjourn at 10:40 P.M. The vote was unanimously in favor. Motion carried. ~-/ j Edward J. hu , Jr., Ci Manager ~~~ ~,r, C' ~ ~,~ Fran Clark, CMC, City Clerk ,~ ~]