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1993-04-13$i ADril 13, 1993 HINUTES - HOUND CITY COUNCIL - APRIL 13, 1993 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 13, 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., Acting City Clerk Peggy James, City Attorney Curt Pearson, Building Official Jon Sutherland and the following interested citizens: Dennis Erickson, Lynne Robertson, Michele Berglund, Pat Andre, and Ray Matson. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. On Tuesday April 6, we were presented a new flag for the Council Chambers by American Legion Post #398 & the Auxiliary. It is the 200th flag that the Post & Auxiliary have issued to the City since 1983. Also, a plaque commemorating the flag presentation is in the display case in the hallway. The Council expressed appreciation for the donations of the flags. Councilmember Jessen stated that the Legion will continue to donate flags. 1.0 MINUTES HOTION made by Smith, seconded By Jensen to approve the Minutes of the March 23, 1993, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 RECYCLOTTO WINNER The Mayor announced that Sohns/Sabin, most recent winner of the Recyclotto. $50.00 Westonka Dollars. 5444 Spruce Road, are the They will be receiving 1.2 PUBLIC HE~RING: CASE #93-006: CONSIDERATION OF THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR~NOPEN SALES LOT AT H~RRISON BAY MOBIL, 4831 SHORELINE DRIVE, IN THE B-2 GENERAL BUSINESS ZONING DISTRICT, PID ~13-117-24 44 0014 The Building Official explained that the applicant is requesting modification of an existing Conditional Use Permit to allow the sale of used cars on the property. The proposal calls for the ability to sell 5 vehicles on site. The vehicles will be parked along the west property line as shown on the overhead. The existing Conditional Use Permit allows the following activities on the property of: 81 April 13, 1993 2. 3. 4. 5. 6. 7. 8. Motor fuel station; Minor automotive repairs; Valve jobs; Tire repairs; Service maintenance on automobiles; Gas Welding; A vehicle impoundment area; and Sales of small miscellaneous fishing tackle and live bait. The site is located at one of the primary entrances to the City. The City has always been sensitive to appearance of businesses and other uses in this area. The Building Official then reviewed the City Planner's report. The Planner questioned whether a used car lot was appropriate at one of the primary gateways to the City? Also the Planner stated that this is more of a policy issue than a simple zoning matter. He also stated that Staff has serious reservations that the proposed use is appropriate because of the prominent location of the site and its role in shaping the public's perception of the City of Mound. The Planning Commission discussed this at length. The Planning Commission asked the Staff to research the application of the previously issued Conditional Use Permits and see how they affect this request. The Building official explained that the proposed resolution combines all the uses into one. The Planning Commission suggested moving the fence at the west end of the building to allow more parking. The applicant agrees. The Planning Commission voted 7 to 2 for approval and the proposed resolution, with conditions, is in the packet. The Council discussed deleting some of the uses in the proposed resolution that are not being used at the present. The Council then discussed the number of cars to be allowed to be parked in the selling area noted on the site plan. The City Attorney stated that this could become an enforcement problem because whether there are 3 or 5 cars parked in front or $ parked in the impound lot, it will be a problem. He suggested not making the entire impound area part of the used car sales lot because then the Council has changed the use from a gas station to a used car lot. He suggested limiting the number that can be in front for used car sales. The applicant stated they intend to sell nice cars. The Council discussed the fact that the Conditional Use Permit goes with the property and someone else could sell something less than nice cars at a future date. The Mayor opened the public hearing. 82 ADril 13, 1993 DENNIS ERICK$ON, 2424 Avon Drive - spoke in favor of allowing the used car sales. He also stated he would favor other cars for sale being stored in the fenced area. Ray Matson - stated 5 cars would be a better selection that 3 for people shopping for cars. The Mayor closed the public hearing. Smith moved and Ahrens seconded the following resolution as proposed: RESOLUTION #93-40 RESOLUTION TO AMEND THE CONDITIONAL USE PERMIT FOR HARRISON BAY MOBIL IN THE GENERAL BUSINESS ZONING DISTRICT TO ALLOW AN "OPEN SALES LOT" AT 4831 SHORELINE DRIVE, LOTS i AND 4, LOTS 20 & 21, BLOCK 1, SHIRLEY HILLS UNIT A, PID #13-117-24 44 0014, P & Z CASE #93-006 Councilmember Jensen stated that in previous resolutions and included in this one, it states that wooden fencing shall be maintained in good condition at all times and worn or broken boards shall be replaced immediately. She stated that the fence is broken in front and has been since it was at the Planning Commission and on the Bartlett Blvd. side, it is half painted. The applicant stated this will be fixed. The Council asked that the fence be fixed and painted be added as a condition before any sales are allowed. Councilmember Jessen stated she would have to vote against this because she would like to see the number of cars in front limited and the others behind the fence. She also would like to see the impoundment area deleted. The Council discussed deleting the impoundment area and the sales of bait at length. Councilmember Smith disagreed with deleting those two items. Councilmember Smith withdrew his motion and Ahrens withdrew her second. After discussion the proposed resolution was amended as follows: After the NOW, THEREFORE, ......... 1 ........ A. Delete proposed A and replace with, "No more than ten .(30) cars shall be for sale on the premises at one time and that no more than 3 cars be parked in the location noted on the site plan (Exhibit A)." B. Remains the same as proposed. 83 84 April 13, 1993 Co Amended as follows: "Except as modified herein compliance wi~h those conditions in Resolutions 92-120, 87-126. 87-~7, and 86-176, shall ~e adhered to and subject to the followinq: 1) Remains as proposed. 2) Remains as proposed. 3) Remains as proposed. 4) Amended as follows: "There shall be no retail sales of live bait and/or sales of small miscellaneous fishing tackle. Sales of fishing equipment, rods, reels, boats, motors and trailers shall be expressly prohibited." 5) Amended as follows: "Storaqe within the fenced area shall include only abandoned, wrecked and impounded vehicles referred by the Mound Police Department and vehicles resultinq from normal business repair operations. Except that there may be seven (7) cars stored in this area which are for sale." 6) Remains as proposed. 7) The fence be fixed and painted before any sales are allowed. The Council asked if this was acceptable to the applicant. agreed. He Jensen moved and Jessen seconded the following resolution with the above amendments: RESOLUTION #93-40 RESOLUTION TO AMEND THE CONDITIONAL USE PERMIT FOR HARRISON BAY MOBIL IN THE B-2 GENERAL BUSINESS ZONING DISTRICT TO ALLOW AN ~OPEN SALES LOT" AT 4831 SHORELINE DRIVE, LOTS I AND 4, LOTS 20 & 21, BLOCK 1, SHIRLEY HILLS UNIT A, PID #13-117-24 44 0014, P & Z CASE #93-006 The vote was unanimously in favor. Motion carried. 84 85 April 13, 1993 RESOLUTION AUTHORIZING THE I(AYORAh-D CITY F~NAGER TO EXECUTE JOINT COOPEI~TION AGREEI~ENT WITH HENNEPIN COUNTY FOR THE CDBG PROGI~ - CONTI~CT ~A07485 The City Manager explained that the city has always been under contract with Hennepin County and it is now time to renew this contract for the CDBG Program. The current agreement expires in October. Staff recommends approval. Smith moved and Ahrens seconded the following resolution: RESOLUTION RESOLUTION AUTHORIZING THEN AYORAND CITY N~%NAGER TO EXECUTE A JOINT COOPERATION AGREEMENT WITH HENNEPIN COUNTY FOR THE CDBG PROGRA~ - CONTI~CT #A07483 The Council discussed several paragraphs in the contract that are new items in the contract, i.e. page 1174, Subd. L, policies prohibiting excessive force. The City Attorney stated that he thinks these policies are consistent with policies of the Police Department. The vote was unanimously in favor. Motion carried. RESOLUTION AUTHORIZING THE I~YOR AND CITY HANAGER TO EXECUTE THE ~993 MUNICIPAL RECYCLING GI~%NT AGREEMENT The City Manager explained that this is a resolution approving what we are doing on our recycling program per the budget that was approved in December. Ahrens moved and Jensen seconded the following: RESOLUTION #93-42 RESOLUTION AUTHORIZING THEM AYORAND CITY MANAGER TO EXECUTE THE L993 MUNICIPAL RECYCLING GPJ~'T AGREENENT The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT There were none. 85 86 April 13, 1993 1.5 RECEIPT OF PETITION TO ESTABLISH "NO PARKING" ON HANOVER ROAD The City Manager explained that a petition has been received from residents of 5125, 5138, 5137 Hanover Road and 3188 Tuxedo Blvd. asking that that part of Hanover Road be designated a "no parking" street. It has been reviewed by the Police Department and recommended that the request be approved. This would be both sides of Hanover Road. Shelley Berglund, 5138 Hanover Road, stated that all customers of A1 & Alma's park on Hanover Road. She asked for residential parking only. The Council discussed permit parking only. The City Manager stated that parking by permit was only done in one area and it is a disaster. Lynne Robertson, 4613 Hanover Road, asked if she was included in this request. The Council stated no. She also stated she would like "no parking" in her area. The Council discussed restricting parking for just certain months, i.e. May to October. Smith moved and Jessen seconded the following resolution: RESOLUTION #93-43 RESOLUTION TO RECEIVE PETITION AND TO EBTABLIBH "NO PARKING" ON HANOVER ROAD FROM TUXEDO BLVD. EASTERLY TO THE DEAD END FROM I~.AY i TO OCTOBER 31 EACH YEAR The vote was unanimously in favor. Motion carried. 1.6 BID AWARD= 1993 BEALCOAT PROJECT The City Manager explained that four bids were received as follows: Allied Blacktop Astech Corporation Caldwell Asphalt Bituminous Roadways, Inc. $38,570.50 $39,264.00 $45,332.60 $45,988.50 The low bidder was Allied Blacktop. was $41,000.00. The estimate on the project 86 ADril 13, 1993 Ahrens moved and Jessen seconded the following resolution: RESOLUTION #93-44 RESOLUTION TO AWARD THE 1993 SEAL COAT PROJECT BID TO ALLIED BI~CKTOP COMPANY IN THE ]~MOUNT OF $38,570.50 The vote was unanimously in favor. Motion carried. The Mayor asked if Greg Skinner could comment in a report, his opinion, of how one company can be over twice as much for rocks? 1.7 RESOLUTION GRANTING A WAIVER TO TRIAX CABLEVISION REGARDIN~ THE SIGNAL CARRIAGE OF METRO CABLE NETWORKS (REGIONAL CHANNEL $) IN THE CITY OF MOUND CABLE SERVICE TERRITORY The City Manager reported that he has received a letter from Triax asking to amend the franchise because Channel 6, the Regional Channel, does not come in very well. Reception is bad due to the Norwest Building in Minneapolis blocking the signal to this area. They would like to substitute Channel 6 with C-SPAN II until such time as it can obtain a better signal from Channel 6. Tom Creighton, Attorney who prepared the Franchise Ordinance, has reviewed this and has prepared a proposed resolution. This is the same as the Lake Minnetonka Cable Commission has done. Smith moved and Johnson seconded the following resolution: RESOLUTION #93-45 RESOLUTION GRANTING A WAIVER TO TRIAX CABLEVISIONREGARDING THE SIGNAL CARRIAGE OF METRO CABLE NETWORKS (REGIONAL CHANNEL 6) IN THE CITY OF MOUND CABLE SERVICE TERRITORY The Council asked if the Manager could find out what Triax or Channel 6 could do to get better reception. The vote was unanimously in favor. Motion carried. 1.8 REVISION OF NETLANDS ORDINANCE MAP FOR AREA #8 (SAUNDERSLAKE) TO MATCH THE OHW ELEVATION OF 943.6 AS USED BY THE DNR The Building Official explained that it has come to our attention that the City's designated wetlands has an elevation for the Ordinary High Water (OHW) 3-1/2 feet above the DNR's OHW for Saunders Lake. The Planning Commission reviewed this last evening. He reported that in the DNR Report it was stated that, "Based on all the available evidence the appropriate OHW of Saunders Lake is 943.6. The elevation of 947 determined by the SWCD limnologist is associated with evidence on the landscape which resulted from artificially high water levels. The City Engineer has recommended 87 April 13, 1993 that the City revise its Wetlands Ordinance (Map for Area #8 (Saunders Lake) to match the OHW elevation of 943.6 as used by the DNR. Minnetrista is also using 943.6 for Saunders Lake. Smith moved and Jensen seconded the following resolution: RESOLUTION #93-46 RESOLUTION TO AMEND THE CITY OF MOUND WETLANDS ORDINANCE M~P FOR AREA #8 (HAUNDERS L~KE) TO MATCH THE OHW ELEVATION OF 943.6 AS USED BY THE DNR The vote was unanimously in favor. Motion carried. 1.9 LICENSE APPROVALS The City Manager reported that the following are license renewals: - HAWKER'S LICENSE - Blue Bell Ice Cream (4-2-93 - 4-1-94) The following licenses run from May 1, 1993 - April 30, 1994. - GAMES OF SKILL - A1 & Alma's (2) American Legion #398 (1) Headliners Bar & Grill (4) VFW Post #5113 (2) - RESTAURANT - A1 & Alma's American Legion Post #398 Domino's Pizza #1974 Happy Garden Hardee's Headliners Bar & Grill House of Moy Mound Lanes Scotty B's Subway Sandwiches VFW Post #5113 Class IV Class III Class II Class I Class II Class III Class IV Class IV Class I Class II Class III - BOWLING - Mound Lanes (8) - AMUSEMENT DEVICES (JUKE BOX) - American Legion Post #398 VFW Post #5113 - POOL TABLES - Headliners Bar & Grill (2) VFW Post #5113 (2) New License - Expires April 30, 1993 - Games of Skill - Headliners Bar & Grill (5) 88 89 ADril 13, 1993 MOTION made by Smith, seconded byAhrens to approve the above llsted renewals and new licenses as submitted, contingent upon all required forms, insurance, etc. being completed. The vote was unanlmousl¥ in favor. Motion carried. 1.10 PUBLIC D~NCE PERMIT - MOHAWK JAYCEES (PLEASE WAIVE FEE) - MAY 8~ 1993 MOTION made by Jessen, seconded by &hrens to approve a public dance permit for the Mohawk Jaycees, for May S, 1993, at the American Legion. Fee for permit to be waived. The vote was unanimously in favor. Motion carried. 1.11 REQUEST FROM DENNIS E. ERICKSONr 2424 AVON DRIVE RE: WAIVING OF P~RK DEDICATION FEE AS IT RELATES TO MINOR SUBDIVISION The Building official explained that Mr. Erickson is requesting a waiver of the park dedication fee as it relates to his minor subdivision. He has worked in the adopt a green space program for several years in his area and felt it should be worth something. The City Attorney stated that he does not understand how the Council can waive this without some kind of variance process or changing the laws for everyone. He stated that the fact that Mr. Erickson did something for the community is not grounds to drop or change the ordinance. The Council discussed the issue and talked about changing the way the park dedication ordinance reads which requires a fee for each lot. Mr. Erickson withdrew his request for the waiver of park dedication fees. The Council asked that the park dedication fee ordinance (relating to a minor subdivision) be reviewed by the Park and Planning Commission for their input and opinions. 1.12 PAYMENT OF BILLS MOTION made by Johnson, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $273,547.85, when funds are available. A roll call vote was unanimously in favor. Motion carried. 89 90 APril 13, 1993 1.13 ORDZNJktlCB ]t~BNDItBN'~ ~ BBCTZON8 320 ]%ND 437 The City Manager stated this is an ordinance amending Section 320 of the City Code by adding Subd. 6, relating to a Procedure Manual for rules and regulations for private activities on public lands. Also amending Section 437:04, Subds. 4 and 6, relating to dock permits and required compliance with City regulations. He stated that this is tied to the process of dealing with structures on public lands that has been discussed for the last several months and have had discussions at Committee of the Whole (COW) Meetings. The Staff has been in the process of putting together a Procedure Manual that the Council will be reviewing at the next COW Meeting. This manual will talk about how to deal with some of these issues. In a meeting with the City Attorney, these amendments would make the Procedure Manual part of the ordinance. The second amendment deals with stairways and applications for those kinds of things under Section 437. The Building Official stated that these amendments tie the privilege of a dock to the responsibility of providing safe access over public land. These changes will aid in the enforcement of the City Code. CouncilmemberAhrens stated she is not in favor of these amendments because she feels the City will be taking away privileges from people who have situations like this. The Building Official commented that there is one sentence at the end, "...satisfactory arrangements have been made with the Dock Inspector to complete the corrective measures", so there is some flexibility in the proposed amendment to Section 437. The Council discussed the fact the this section specifically references" ..... stairway or structure used to access the dock". The Council discussed that the amendment to Section 437 is merely a safety issue. Councilmember Ahrens asked how this would affect the Hanus and Munson litigations that the City has going on right now. The Building Official stated that there are some handrails that need to go on. The City Attorney stated he could not answer Councilmember Ahrens question, because he does not know if there is a correction order pending concerning a stairway or a structure on either parcel as its used to access the dock. He further explained that the proposed amendment is as it is because this is the way that the Dock Inspector, Building Official and Park Director asked for it to be drawn. The Building Official stated that in the construction on public lands permit process, if there are any modifications, such as a hazardous stairway, it would be brought back to the Council with recommendations, but the Council would issue the order. The Building Official stated that safe access over public lands to a 90 91 ADril 13, 1993 dock is the goal. The City Attorney stated that the key words are "corrective order" as it relates to a stairway or structure which is used to get to a dock. If there is a corrective order and the person does not make the correction, then the Staff could interpret this to say the person would not get a dock permit. Jessen moved and Jensen seconded the following: ORDIN/~,NCE #62-1993 /%N ORDIN/~NCE AMENDINO SECTION 320:00 OF THE CITY CODE BY ADDING SUBD. 6 RELATING TO A PROCEDURE MANUAL FOR RULES ~ REGUL~TIONS FOR PRIVATE ACTIVITIES ON PUBLIC LANDB/qND/~MENDING SECTION 437~05, SUBDIVISIONS 4 ~ 6~ RELATING TO DOCK PERMITS~NDREQUIRED COMPLIANCE WITH CITY REGULATIONS The vote was 4 in favor with Ahrens voting nay. Motion carried. INFORMATION/MISCELLANEOUS A. Department Head Monthly Reports for March 1993. Be L.M.C.D. Representative's Monthly Report for March 1993. Tom Reese has requested a few minutes on next week's COW Meeting Agenda. C. L.M.C.D. Mailings. De Mailing from Lake Minnetonka Multiple Docks Owners Association re: Committee work in studying LMCD expenses as they pertain to issuing and monitoring multiple dock licenses. Ee Information re: Property. CDBG Program - Rehabilitation of Private Fe Letter from Donald J. Borut, Executive Director, National League of Cities, (NLC) thanking the Mayor and City Council for assistance in shaping a national economic recovery program. Ge Letter from the City of Apple Valley requesting that the City of Mound adopt a resolution opposing legislation authored by Representative Myron Orfield, DFL - Minneapolis, dealing with housing, metropolitan governance, development controls and transportation. He Letter from Ted Fox, local resident, re: Real Estate Value (CRV's). Certification of 91 April 13, 1993 Letter of Commendation written by Police Chief Len Harrell to Investigator Gary Lotton. Me Ne REMINDER: Committee of the Whole Meeting, Tuesday, April 20, 1993, 7:30 P.M., City Hall. Memorandum from City of Minnetrista re: upcoming meeting to discuss future trail development along the Dakota Rail line. Meeting is scheduled for Tuesday evening, April 13, 1993. This is the same night of our City Council Meeting. I have asked Jim Fackler to mention it to the Parks & Open Space Commission to see if they are interested in attending. I_~ Spring Clean Up & Recycling Days - Saturday, April 24, 1993 - $ AM to 5 PM, Sunday, April 25, 1993 - 10 AM to 5 PM. This flyer is going out to 5500 households in the Mound area. Joyce Nelson, Recycling Coordinator, has also designed an evaluation form for people to complete and return to the City. Mayor Johnson suggested this as a way of getting feedback from users of the Clean Up and Recycling Days Project. The Council asked that the evaluation be returned to the people at the Lost Lake site or City Hall. The Council received an invitation from Senior Community Services regarding a appreciation reception to be held next Tuesday, April 20, 1993, 1:30 P.M., at the Earle Brown Center in Brooklyn Center. Please let the City Manager know if anyone is planning to go. Letter from Emily Ann Staples, County Commissioner, to the Mayor regarding opportunities to serve on various County committees and commissions. There is a Bicycle Advisory Committee, a Capital Budgeting Task Force, a Community Action for Suburban Hennepin County (CASH), Board of Equalization, and Solid Waste Management Advisory Committee. If the Council knows people interested in serving, please contact Ms. Staples. There is a brief description of each committee enclosed. MOTION made by Ahrens, .seconded.by Jessen to adjourn .at 9:50 P.M. The vote was unan~mou~s!y ~n favor. Motion carried. Edward J.(~hukI~, Jr., Cit~-Manager 92 BILLS .April 13, 1993 BATCH 3033 $152,172.08 BATCH 3034 121,375.77 TOTAL BILLS $273,547.85