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