1991-11-26 213
November 26, 1991
MINUTES - MOUND CITY COUNCIL - NOVEMBER 26, 1991
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, November 26, 1991, in the Council
Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Skip Johnson, Councilmembers Andrea
Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present
were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark,
Attorney Curt Pearson, City Planner, Mark Koegler, Building
Official Jon Sutherland and the following interested citizens:
Mike Smith, David Painter, Jim Buranen, Jerome Branson, Pam
Amidon, Randy Weestrand, Kathy & Mitchell LaPointe.
The Mayor opened the meeting and welcomed the people in
attendance.
The Pledge of Allegiance was recited.
1.0 MINUTES
Mayor Johnson stated that in the motion directing Staff to
prepare the ordinance amendment for the curfew, his intention was
that the curfew for 15, 16 and 17 year olds would be midnight on
any nights throughout the year when there was no school the
following day. He asked that this change be made in the minutes.
The Council agreed.
MOTION made by Jensen, seconded by Smith to approve the
minutes of the November 12, 1991, Regular Meeting, as
amended above, and the minutes of the November 19, 1991,
Committee of the Whole Meeting, as submitted. The vote was
unanimously in favor. Motion carried.
RECYCLOTTO WINNER
The Mayor presented David Painter, 4890 Edgewater Drive with
$100.00 Westonka Dollars he won for his participation in
recycling on November 11, 1991.
1.1 PUBLIC HEARING: DELINQUENT UTILITY BILLS
City Manager Ed Shukle explained that the revised amount was
$3317.37. Mayor Johnson 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 Hearing and turned the item back to the Council.
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November 26, 1991
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION 91-167
RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF $3317.37
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE TO THOSE ACCOUNTS.
The vote was unanimously in favor. Motion carried.
1.2
PUBLIC HEARING: CASE ~91-061 &91-062: ZONING CODE
AMENDMENT AND CONDITIONAL USE PERMIT, JIM BURANEN ADVENTURE
LIMOUSINE SERVICE, 5200 MAYWOOD ROAD (SMITH HEATING
BUILDING) t LOTS 16 & 17t BLOCK Z~ SHIRLEY HILLS UNIT F, PID
#13-117-24 43 0145.
The City Planner explained that these are two separate actions.
The first will be the zoning amendment to add limousine services
to the list of conditional uses in the B-1 zone (Section 23.625.3
of the City Code). If that is approved then he is requesting a
conditional use permit to operate Adventure Limousine Service at
5200 Maywood Road. The Planning Commission recommended approval
of both requests.
The Mayor opened the public hearing.
Mike Smith, owner of 5200 Maywood Road, spoke in favor of
the two requests.
The Mayor closed the public hearing.
The Planner reviewed the following recommended conditions for the
conditional use permit:
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de
Ail limousines shall be stored inside the building.
Limousines stored or parked on the property shall not
exceed six (6).
All outside storage is expressly prohibited including
inoperable motor vehicles.
Maintenance of vehicles outside of the building is
expressly prohibited except the interior and exterior
cleaning of company owned limousines.
The proposed use shall comply with all Building Codes
and all local ordinances, laws, and regulations.
Smith moved and Jessen seconded the following:
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November 26, 1991
ORDINANCE %49-1991 AN ORDINANCE AMENDING SECTION 23.625.3
OF THE MOUND CODE OF ORDINANCES TO ADD
"LIMOUSINE SERVICE" AS A CONDITIONAL USE
IN THE CENTRAL BUSINESS (B-l) ZONE
The vote was unanimously in favor. Motion carried.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION #91-168 RESOLUTION APPROVING A CONDITIONAL USE
PERMIT TO ALLOW THE OPERATION OF A
LIMOUSINE SERVICE IN THE B-1 ZONING
DISTRICT AT 5200 MAYWOOD ROAD, LOTS 16 &
17, BLOCK 2, SHIRLEY HILLS UNIT Ft PID
#13-117-24 43 0145, P & Z CASE #91-062
The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.3 CASE %91-058: DOUG VAN STONE (MINNESOFTUB) & TOM NEIGTE,
4809 BARTLETT BLVD., PART OF LOT 3 SKARP'S EAST LAWN, PID
%13-117-24 44 0053, SIGN VARIANCE
The City Planner explained that this variance request is "after
the fact" since the applicant has already replaced the message
component on the existing roof sign of the old Ganzel Sign
building. The roof sign has been in existence for at least 12
years, but Section 365 prohibits roof signs except those that are
designed as an "integral part of the Building". The existing
sign is classified as a legal, non-conforming sign. But such
signs cannot be rebuilt, altered, or relocated without being
brought into compliance with the requirements of Section 365.
Changing the message portion of the sign has been construed to be
an alteration in past cases. Because of the facts, this case is
a request for a variance from Section 365:05, Subd. 6, Existing
Nonconforming Signs. The Staff recommendation was to deny the
request and that the existing roof sign be removed.
The Planning Commission recommended approval of the variance
under the condition that the sign be removed one year from the
date of this approval. The City Attorney suggested that the
applicant be asked to agree, in writing, to removal of the sign
in one year. He stated this should be done before the resolution
becomes effective. The Council agreed and asked that such
language be put in the resolution.
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November 26, 1991
Ahrens moved and Jensen seconded the following resolution:
RESOLUTION #91-169
RESOLUTION TO APPROVE A TEMPORARY
VARIANCE FOR ONE YEAR TO ALLOW AN
EXISTING NONCONFORMING ROOF SIGN AT 4809
BARTLETT BLVD. FOR MINNESOFTUB~, P &
CASE #91-058
The vote was unanimously in favor. Motion carried.
1.4 CASE ~91-059: GREAT REST HOMES, 1909 L&KESIDE LANE, LOTS 12
& 13, BLOCK 11, SHADYWOOD POINT, PID ~18-117-23 23 0058,
MINOR SUBDIVISION AND VARIANCE
The City Planner explained that the applicant is requesting
approval of a minor subdivision to create two non-conforming
single-family residential lots. The property currently consists
of two lots which were combined into one tax parcel. Lot 12 is
vacant and lot 13 contains 3 nonconforming structures which would
require a variance. This subdivision would result in Lot 12
having an area of 9,160 square feet and Lot 13 having an area of
9,020 square feet. This area is zoned R-i, 10,000 square feet
minimum area. The Planning Commission had a motion to approve
but it failed 4 to 3.
The Planner reported that back in 1985 a study found that 59% of
the lots in the vicinity were nonconforming due to lot area, but
the Planning Commission and the Council decided not to make
overall ordinance revisions but rather to decide variances on a
case-by-case basis. He stated it is extremely difficult to find
hardship in this case because Lots 12 and 13 as they now stand
have a reasonable use since they contain an existing home and a
total lot area which exceeds the minimum requirement. He further
stated that the Planning Commission has focused on the issue of
lot size and to date has agreed that all new lots created in
Mound should have a minimum area of 10,000 square feet. This
provision will be the subject of a public hearing if and when it
is considered.
The applicant, Pam Amidon, was present and stated that the lots
were combined a long time ago for tax purposes. Now she would
like to sell the property as two parcels in order to receive the
most money for her property.
Randy Weestrand, Great West Homes, stated that he did a survey of
the area also and found that 63% of the parcels were
nonconforming. He encouraged the Council to approve the
subdivision based on the surrounding parcels and that they are
lots of record that were combined for tax purposes.
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November 26, 1991
The LaPointe's, prospective buyers of Lot 12 also spoke in favor
of the subdivision.
The Council discussed all the issues and decided they did not
want to create two nonconforming parcels.
MOTION by Smith, seconded by Johnson to have the City
Attorney prepare a resolution of denial for a minor
subdivision for Lots 12 & 13, Block 11, Shadywood Point, and
bring it back to the next Council Meeting, December 10,
1991, for adoption. The vote was unanimously in favor.
Motion carried.
1.5 CASE #91-060: JEROME BRANSON, 1684 CANARY LANE, LOTS 12 &
13, BLOCK 14, DREAMWOODt PID ~13-117-24 12 0042t VARIANC~
(EXISTING SETBACKS)
The City Planner explained the request. He noted that
construction of a conforming, detached garage in the proposed
location will not impact the existing nonconforming home. With
the garage located as shown, it is possible to construct a new
conforming home on the lot in the future should that ever become
a viable option. The Planning Commission recommended approval.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION $91-170
RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING EXISTING NONCONFORMING
SETBACKS TO THE PRINCIPAL DWELLING TO
ALLOW CONSTRUCTION OF A CONFORMING
DETACHED ACCESSORY BUILDING AT 1684
CANARY LANE, LOTS 12 & 13, BLOCK 4 ·
DREAMWOOD, PID S13-117-24 12 0042· P & ~.
CASE #91-060
The vote was unanimously in favor. Motion carried.
1.6 APPROVAL OF AN ORDINANCE AMENDING SECTION 900:10, SUBD. i &
2 OF THE CITY CODE RELATING TO MINORS LOITERING AND CURFEW
The City Manager read the proposed amendments. The Council asked
that the City Attorney insert some language that would
communicate the change that was made in the November 12, 1991,
Minutes.
The City Attorney suggested the following: under Juveniles
Fifteen Through Seventeen - . ....... Friday and Saturday nights,
"and/or on nights preceding Westonka School District holidays or
when the Westonka Schools will not be in session" ........
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November 26, 1991
The Council agreed with the additional language.
Johnson moved and Jensen seconded the following:
ORDINANCE %50-1991 AN ORDINANCE AMENDING SECTION 900:10,
SUBDB. I & Z, OF THE CITY CODE RELATING
TO MINORS LOITERING AND CURFEW
The vote was unanimously in favor. Motion carried.
1.7 APPROVAL OF AN AMENDMENT TO A CONTRACT FOR PROFESSIONAL
SERVICES DEALING WITH THE MOUND VISIONS PROJECT AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN SUCH
AMENDMENT
The City Manager explained that this amendment is to enable the
City of Mound to fully complete the planning phase of the Mound
Visions project. The funding will be through CDBG funds.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION %91-171 RESOLUTION APPROVING A CONTRACT
AMENDMENT BETWEEN THE CITY OF MOUND AND
VAN DOREN, HAZARD & STALLINGS REGARDING
PROFESSIONAL SERVICES DEALING WITH THE
"MOUND VISIONS" PROJECT
The vote was unanimously in favor. Motion carried.
1.8 PAYMENT OF BILLS
MOTION made by Jensen, seconded by Jessen to authorize the
payment of bills as presented on the pre-list in the amount
of $219,952.02 when funds are available. A roll call vote
was unanimously in favor. Motion carried.
ADD-ONS
1.9 AUTHORIZATION FOR SUBMITTAL OF 1992 GRANT APPLICATION FOR
MUNICIPAL SOURCE-SEPARATED RECYCLABLES
The city Manager explained that this is done on a yearly basis
and allows the City to receive funds from Hennepin County for
recycling.
Ahrens moved and Smith seconded the following:
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November 26, 1991
RESOLUTION #91-172 RESOLUTION TO AUTHORIZE SUBMITTAL OF
1992 HENNEPIN COUNTY GRAND APPLICATION
FOR MUNICIPAL SOURCE-SEPARATED
RECYCLABLES
The vote was unanimously in favor. Motion carried.
1.10 GAMBLING PERMIT APPLICATION - N.W. TONKA LIONS - MOUND LANES
The City Clerk explained that this is a renewal and if the
Council has no problems with it, a resolution approving the
application must be sent to the Gambling Control Board.
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION #91-173 RESOLUTION APPROVING A GAMBLING PERMIT
APPLICATION FOR THE NORTHWEST TONKA
LIONS AT MOUND LANES
The vote was 3 in favor with Johnson and Smith abstaining because
they are members of that organization. Motion carried.
INFORMATION/MISCELLANEOUS
A. Financial Report for October 1991, as prepared by John
Norman, Finance Director.
B. Article from St. Paul Pioneer Press re: Minnesota's
Presidential Primary.
C. Letter from Hennepin County asking for volunteers to serve
on the Solid Waste Management Advisory Committee.
D. L.M.C.D. Mailings.
E. Planning Commission Minutes of November 18, 1991.
F. Park & Open Space Commission Minutes of November 14, 1991.
G. REMINDER: City Offices will be closed for Thanksgiving,
November 28 & 29, 1991.
H. REMINDER: Budget Hearing is Monday December 2, 1991, 7:00
P.M., City Hall.
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November 26, 1991
Attached is a booklet prepared by the Minnesota Taxpayers
Association on the Truth & Taxation Law. Please review
prior to the Budget Hearing. Also please review the
information sent by the League of Minnesota Cities regarding
the information contained in this booklet.
Je
Annual Christmas Party, Friday, December 6, 1991, American
Legion, 8:00 P.M. to Midnight.
Ke
The city Manager explained that Cathy Bailey has resigned
from the Park & Open Space Commission and that the
Commission will be holding interviews on Thursday, December
12, 1991, at 7:00 P.M. at City Hall. The City Council is
invited to participate in these interviews per the policy on
filling vacancies on advisory commissions.
The City Council & Planning Commission will hold a joint
meeting on Wednesday, December 11, 1991, at 7:30 P.M. in
City Hall. The City Attorney will be present to discuss
undersized lots within the City as they pertain to the
regulation and control by the City of Mound.
MOTION made by Jensen, seconded by Jessen to adjourn at 9:00
P.M. The vote was
unanimously in favor.. Motion carried.
' /
E~wa~rd J. shu~le, Jr., City Manager
Fran Clark, CM~, City Clerk
BILLS -NOVEMBER 26, 1991
BATCH 1111 $ 99,820.22
BATCH 1112 120,131.80
TOTAL BILLS
219,952.02