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1995-11-28City Council Minutes November 28, 1995 MINUTES - MOUND CITY COUNCIL - NOVEMBER 28, 1995 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 28, 1995, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Phyllis Jessen, City Engineer John Cameron, City Attorney Curt Pearson, City Manager Ed Shukle and Acting City Clerk Linda Strong. The following interested citizens were also present: Brian and Debi Schultz, Tracy Ingrain, Dan Thurlo, Chris Bull, Mike Rogers, Nathan Jasche, Ryan O'Connor, Michael O'Connor, Robert and Linda Berger, William Bull, Ben Hunt and Mark Thurlo. PLEDGE OF ALLEGIANCE Mayor Polston introduced Cub Scout Den 7 of Pack 297. The Scouts led the Pledge of Allegiance. RECYCLOTrO WINNER Mayor Polston announced that William Brickzen had won 50 Westonka Dollars for having his recycling on the curb by 7 am, the week of November 20, 1995. 1.1 APPROVE THE MINUTES OF THE NOVEMBER 14, 1995 REGULAR MEETING, THE NOVEMBER 21, 1995 COMMi'R'EE OF THE WHOLE MEETING, AND THE MINUTES OF THE OCTOBER 24, 1995 CITY COUNCIL MEETING WITH VERBATIM COVERAGE OF REQUESTED ITEM. Mayor Polston began with the Minutes of the November 14, 1995 regular meeting, asking for approval or comments. MOTION by Hanus, seconded by Jensen and carried unanimously to approve the Minutes of the November 14, 1995 regular City Council meeting. The Mayor continued with the Minutes of the Committee of the Whole from November 20, 1995, asking for approval or comments. MOTION by Ahrens, seconded by Jessen to approve the Minutes of the Committee of the Whole meeting of November 20, 1995. The vote carried. Councilmember Jensen abstained as she was not present at this meeting. 567 City Council Minutes November 28, 1995 The Mayor finished with the Minutes of the October 24, 1995 regular meeting with verbatim coverage of a requested item. Councilmember Jensen had one word change, and Council agreed to delete the summary following the verbatim coverage. MOTION by Jensen, seconded by Ahrens and carried unanimously to approve the Minutes of the October 24, 1995 regular City Council meeting and the verbatim coverage of a requested item, as amended. 1.2 CONTINUED DISCUSSION: PETITION FOR LOCAL IMPROVEMENT XXXX KILDARE ROAD, LOTS 21, 22, 23, 24, 25 & 26, BLOCK 11, SETON, PID'S 19- 117-23-22-0036 THRU 0041. (STREET WITH CURB, GUTTER, WATER AND SEWER). Mayor Polston introduced Tracy Ingrain, realtor for the owners of property along the unimproved Kildare Road. Ingram stated his client had questions regarding the results of a feasibility study and what would happen after it was completed. Mayor Polston restated the fact that there are two property owners, one with 6 lots and one with two lots along the unimproved road and the owner with the 6 lots does not want the improvement or the costs and that owner did not sign the petition. The owner not wanting the improvement would have the largest assessment. This was the reason this road was not improved in 1978. Mayor Polston suggested they work it out with the non interested owner. City Attorney Curt Pearson listed the process regarding what would take place: 2. 3. 4. The Council would direct a feasibility study to be done. If the Council accepts the feasibility study, they order a public hearing. The public hearing date is published in The Laker. Notices are mailed to all of the affected property owners informing them of the proposed improvement and inviting them to the public hearing. The public hearing is held. The City Council makes their determination. If the petition represents less than 35% in frontage of the real property abutting on the street, a 4/5 vote of the council is required. If more than 35% in frontage of the real property abutting on the street has petitioned for the improvement, it requires 3/5 vote. However, without the proper right-of-way, the City would have to consider condemnation if the non approving property owner would not grant an easement or negotiate the sale of an easement. If all this worked out positively, and the street improvement happened with water, sewer and curb, there would be a second public hearing for the assessments, costs and how they shou!d be paid. The non approving property owner could then appeal the tax assessment. 568 City Council Minutes November 28, 1995 The council would like to avoid possible confrontations. John Cameron stated the 35% meant the amount of property frontage and the applicants do not have 35%. Ingram stated that the other frontage property owners to the south have no desire to improve this road. MOTION by Ahrens, seconded by Hanus to continue this item until 12-12-95 should the applicants desire to request and pay for a feasibility study. The vote was carried unanimously. 1.3 CASE #95-51: BART ROEGLIN FOR IRENE MCKINNEY, 2068 BELLAIRE LANE, LOT 58, MOUND ADDITION, PID 14-117-24 41 0031. VARIANCE FOR PORCH. City Manager Ed Shukle stated the owner had applied for a variance to recognize an existing nonconforming side yard setback of 4.3 feet to the north side, resulting in a 1.7 foot variance, in order to construct a conform ing screen porch on top of an existing deck. The nonconforming setback was previously recognized by Resolution #87-201. Staff and Planning Commission recommend approval. Councilmember Ahrens moved and Councilmember Jensen seconded the following resolution: RESOLUTION #95-119 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SIDE YARD SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING SCREENED PORCH AT 2068 BELLAIRE LANE, LOT 58, MOUND ADDITION, PID 14-117-24 41 0031, PZ #95-51 The vote was unanimously in favor. Resolution passed. 1.4 APPROVAL OF PERMITS FOR WINTERFEST 1996. City Manager Ed Shukle stated that Bob Bittle had previously discussed with the Council the Winterfest 1996. The Lions were now applying for the Temporary On Sale Non Intoxicating Malt Liquor Permit and a sign permit. The event will be January 12-14, 1996. MOTION by Polston, seconded by Ahrens and carried unanimously to approve the Temporary On Sale Non Intoxicating Malt Liquor Permit and the Sign Permit for the Lions Winterfest 1996 to be held January 12-14, 1996. 569 City Cou~il Minutes November 28, 1995 1.5 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Mayor Polston asked if there was anyone present who had comments or suggestions. He asked the boy scouts if they had any questions regarding how the Council worked. They had a few questions: How does the City get money? What does the Mayor do? 1.6 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 $111,545.49, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.7 INFORMATION/MISCELLANEOUS Ao FINANCIAL REPORT FOR OCTOBER 1995 AS PREPARED BY GINO BUSINARO, FINANCE DIRECTOR. B. PLANNING COMMISSION MINUTES OF NOVEMBER 13, 1995. REMINDER: ANNUAL CHRISTMAS PARTY, FRIDAY, DECEMBER 8, 1995. PLEASE RSVP TO LINDA BY DECEMBER 1. Do REMINDER: BUDGET HEARING, WEDNESDAY, DECEMBER 6, 1995, 7:30 P.M. Ee REMINDER: CONTINUED BUDGET HEARING, IF NECESSARY, WEDNESDAY, DECEMBER 13, 1995, 7:30 P.M. REMINDER: SECOND COUNCIL MEETING OF DECEMBER CHANGED FROM DECEMBER 26 TO DECEMBER 19, 7:30 P.M. Go ENCLOSED IS A MEMORANDUM DATED OCTOBER 2, 1995 FROM COUNCILMEMBER MARK HANUS REGARDING INFORMATION HE HAS SHARED WITH THE PLANNING COMMISSION AS IT RELATES TO HIS ROLE AS A COUNCIL LIAISON. HE ASKED ME TO INCLUDE THIS IN THE PACKET FOR NOVEMBER 28, 1995. The Council discussed item G and decided to leave it as written as Councilmember Hanus' definition of Planning Commission liaison. 570 City Council Minutes November 28, 1995 MOTION by Ahrens, seconded by Jensen and carried unanimously to adjourn the meeting at 6:37 pm. Attest: Acting City Clerk ger 571 BILLS ,November 28, 1995 BATCH 5112 $111,545.49 Total Bills $111,545.49 572