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1993-03-09March 9, 1993 MINUTES - MOUND CITY COUNCIL - MARCH The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 9, 1993, 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, City Attorney Curt Pearson, Building Official Jon Sutherland and ~the following interested citizens: Gary Trosin, Frank Weiland, Diane Beimert, Peter Meyer, Jim Brunzell, Cathy Germain, Harvey Berquist, William Johnsen, and Tom Casey. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made Minutes of submitted. carried. by Smith, seconded by Jensen to approve the the February 23, 1993, Regular Meeting, as The vote was unanimously in favor. Motion 1.1 RECYCLOTTO WINNER The Mayor presented Gary Trosin, 5013 Shoreline Drive with $300.00 Westonka Dollars for recycling the week of March 1, 1993. 1.2 CASE ~93-002: DUANE BEIMERTt 5125 DRUMMOND ROADt LOTS 7 & 8, BLOCK 14, WHIPPLE, PID #25-117-24 12 0113, VARIANCE The Building Official explained the request. Commission recommended approval on a 5 to 1 vote. The Planning Councilmember Smith asked if the owner of the property should have signed the request for a variance. The City Attorney stated that the owner should have also signed the application for a variance. MOTION made by Smith, seconded by Ahrens to table this item until the March Z3rd Meeting to provide the owner time to sign the application for a variance. The Staff to provide the owner of the property with the material from the packet. The vote was unanimously in favor. Motion carried. 1.3 DISCUSSION: TEAL POINTE ENVIRONMENTAL ASSESSMENT WORKSHEET The City Manager reviewed the Planner's memo and timetable for the 61 March 9, 1993 EAW process. The Council was provided with a blank EAW to review. The timetable appears to be 120 days maximum. The Council will be kept apprised of what is happening as the process proceeds. The Council stated that all City Commissions will have the opportunity to review and comment on the EAW. 1.4 DISCUSSION: POSSIBLE REFERENDU~ ON TEAL POINTE AND OTHER PROPERTIES Tom Casey stated he would like to have the Council initiate the referendum. He stated time is of the essence, that it is important to move forward on this as it is one of the last green spaces in Mound. The following people spoke in favor of the Council initiating a referendum: Kathy Germain, 2418 Black Lake Road, Spring Park Jim Brunzell, 5111 Windsor Road, Mound Glen Melena, 5139 Windsor Road, Mound The Council explained that they are hearing from the general public that they are not in favor of the entire city paying for the acquisition of Teal Pointe. Therefore, the Council stated they feel that the people in favor of this need to get their petition going and gather the necessary signatures to prove there are some 1100 people interested in pursuing the acquisition of Teal Pointe. The City Attorney pointed out that the statute uses the word "may" not "shall" when referring to the Council calling a special election prompted by a petition of the electorate. The city Attorney stated he would work with Mr. Casey on the phrasing of the question that would go on the petition. No further action was taken on this item. 1.5 REPORT RE: CHAMBERLAIN GOUDY VFW POST #5113 - SELLING INTOXICATING LIOUOR TO MINOR The City Manager explained that in September 1992 there was a violation at the VFW when a bartender sold intoxicating liquor to a minor. The bartender was charged, went to court and was fined $200. After that there was a meeting with the VFW to discuss a Stipulation where the City would assess a penalty for the violation. At that meeting, the Commander and Manager of the VFW agreed to a settlement that would have to come back to the City Council in written form and signed by 'the VFW. This negotiated settlement was that the VFW would close for 5 days, Sunday through Thursday (March 21 - 25), and pay a fine of $500. Since then the 62 March 9, 1993 VFW contacted the City Manager and stated that they are now objecting to the penalty that was being proposed and wanted to suggest another proposal. Their proposal is that the VFW would close for 5 consecutive Mondays and pay the $500 fine. The City Manager asked for direction from the City Council. The City Attorney cautioned the Council that tonight is not the night for the City to present evidence or for the Council to make a decision. He reported that the Stipulation that was agreed to was sent to the VFW and has not been returned to City Hall. There are two things that the Council could do tonight: Direct the Staff to go back and continue to negotiate with the VFW to see if this can be resolved thru arbitration or peaceful means. To order the Staff to go back and prepare the necessary documents to start a hearing. The VFW is entitled, under the ordinance and the statute, to a hearing and therefore he cautioned the Council not to get involved in talking about penalties tonight. This hearing would fall under the Administrative Procedures Act, which would require an Administrative Law Judge from the State of Minnesota be assigned. Both parties would then go forward with their evidence, then that Judge would make a recommendation. Eventually though, the city Council is the one who has the authority and the power to either suspend or revoke the license and levy a civil penalty. The City Attorney asked for general direction from the Council on what they would like to see Staff do now. Councilmember Smith asked what the maximum penalty would be. The City Attorney stated that the maximum penalty would be revocation or suspension for 60 days and a fine of $2000 and the City could call the VFW's $5000 bond. The Council agreed that they would like to see this resolved through negotiations. The Council stated they felt what was offered originially was appropriate and in line with what has been done before for such violations. MOTION made by Johnson, seconded by Jessen directing Staff to get back together with the VFW and see if they can work out a stipulation that the Staff would feel was appropriate to recommend to the Council. The vote was 4 in favor with Smith voting nay. Motion carried. Councilmember Smith stated that he voted against the motion because he was comfortable with what the Staff negotiated originally. 63 March 9, 1993 COMMENT8 & SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.6 ADOPT SUMMARY ZONING/SHORELAND ORDINANCE AND MAP The City Manager reported that this is the Summary of Ordinance %61-1993 (Zoning/Shoreland Management Ordinance) that was adopted at the last Council Meeting. Also to be published is the updated Zoning Map. The Ordinance would be in effect Monday, March 15, 1993. Councilmember Jensen asked about extensions to variances and the effect the new zoning ordinance will have on them. The City Attorney stated that if a person does not do anything within one year of the variance approval and it comes back to the Council for an extension, the Staff should be routinely reviewing these and if there is a major change, they should not recommend the extension. Then it would go back to the Planning Commission and Council. Smith moved and Jensen seconded the following: SUMMARY OF ORD. %61-1993 AN ORDINANCE REGULATING THE USE OF AND REVISED ZONING MAP LAND IN MOUND BY DISTRICTS INCLUDING THE REGULATIONS OF THE LOCATION, SIZE, USE AND HEIGHT OF BUILDINGS, THE ARRANGEMENT OF BUILDINGS ON LOTS, AND THE DENSITY OF POPULATION FOR THE PURPOSE OF PROMOTING THE PUBLIC HEALTH, SAFETY, ORDER, CONVENIENCE, AND GENERAL WELFARE OF THE CITIZENS OF MOUND The vote was unanimously in favor. Motion carried. 1.7 SET PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR OPEN SALES LOT AT HARRISON BAY MOBIL, 4831 1.8 SHORELINE DRIVE, IN THE B-2 GENERAL BUSINESS ZONING DISTRICT MOTION made by Smith, seconded by Jessen to set April 13, 1993, for a public hearing to consider the issuance of a Conditional Use Permit for open sales lot at Harrison Bay Mobil, 4831 Shoreline Drive, in the B-2 General Business Zoning District. The vote was unanimously in favor. Motion carried. APPROVAL OF TREE REMOVAL LICENSE RENEWALS AND NEW PUBLIC DANCE PERMIT The following Tree Removal Licenses are up for renewal on March 31, 64 65 1993: March 9, 1993 Aaspen Tree Service Robert F. Dahlke Eklunds Tree Service Emery's Tree Service Lutz Tree Service Shorewood Tree The Tree Stump Co. The following Public Dance Permit application has been received: Headliners Bar & Grill - Permit period 3/15/93 - 3/14/94. MOTION made by Smith, seconded by Ahrens to authorize the issuance of the above licenses and permits contingent upon all required forms, insurance, etc. being provided. The vote was unanimously in favor. Motion carried. 1.9 PAYMENT OF BILLS MOTION made by Johnson, seconded by Smith to authorize the payment of bills as presented on the pre-list in the amount of $89, 849.67, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. February 1993 Department Head monthly reports. B. L.M.C.D. Representative's monthly report for February 1993. c. LMCD Mailings. De Letter from Deb Luesse, 3225 Amhurst Lane expressing her appreciation for the Council decision to remove four mid-block crosswalks. E. Notice for NSP re: Hearings on Proposed Rate Increase. Fe Letter dated February 26, 1993, from Representative Steve Smith responding to my February 9, 1993, letter re: Governor Arne Carlson's Budget Proposal. G. Planning Commission Minutes - February 22, 1993. H. Economic Development Commission Minutes of February 18, 1993. REMINDER: Dock Meeting, Thursday, March 25, 1993, 10:00 A.M. - 12 Noon, City Hall. Format will follow last year's meeting w/realtors. J. Tuesday, March 16, 1993, at 7:30 P.M. COW Meeting, city Hall. 65 March 9, 1993 MISCELLANEOUS Councilmember Smith asked how the Planning Commission is doing on the Exterior Maintenance Ordinance. Councilmember Jensen stated that her understanding was that the exterior maintenance issue was being looked at relative to what we can do with our nuisance ordinance before we develop another ordinance. The City Manager stated this will be on the COW Agenda next week. Councilmember Jensen stated the Planning Commission is working on Truth in Sale of Housing. The Council asked what was happening with the Rental Housing Ordinance. The City Manager reported it is moving slowly. The Council discussed setting a timeline for this. The Council asked that a recommendation be presented at the 2nd Meeting in May on the Rental Housing Ordinance. Councilmember Smith stated that the Commons Task Force has done all the video work and all the dock sites are numbered on the videos and the dedications. They will be doing the narrations on Wednesday evening. The Mayor stated that Bruce Miller is the winning artist for the Federal Duck Stamp. He will be meeting with the people who are putting together the kickoff of the first day of sales of these stamps on Monday, March 15. The first day of sales will be June 30th in Washington, D.C. Then Mr. Miller will return here for the first day of sale locally, July 1st. The Mayor will report back. MOTION made by Smith, seconded by Jessen to adjourn at 8=55 P.M. The vote was unanimously in favor. Motion carried. ~nukle, Jr., City Manager Attest: City ~lerk 66 BILLS .March 09, 1993 BATCH 3024 $89,849.67 TOTAL BILLS $89,849.67