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1983-07-05July 5, 1983 REGULAR MEETING OF THE CITY COUNCIL 113 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota, was held at 5341 Maywood Road in said City on July 5, 1983, at 7;30 P.M. Those present were: Mayor Bob Poiston, Councilmembers Pinky Charon, Gary. Paulsen. Councilmember Peterson was absent and excused. Also present were: City Manager Jon Elam, City Planner Mark Koegler and City Clerk Fran Clark and the following interested citizens: Robert Sherlock, Bill Michel, Tim Anderson, Duane Norberg, Jerry Pietrowski, Frank Hancuch, Dr. & Mrs. Ken Romness, Lewis Sacks, Phyllis Jessen, Stuart Gibson, Brian- R. Johnson, Steve Smith, Dorothy Davis, Frank Matachek, George C. Shepherd and George C. Shepherd, Jr. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the June 21, 1983, Regular Meeting were presented for consideration. There was a correction on Page 109, Request for Temporary Home - 2121 Grandview, The following sentence should be deleted. "The Planning Commission has recommended approval." Charon moved and Paulsen seconded a motion to approve the Minutes of the June 21, 1983, Regular Meeting, as corrected. The vote was unanimously in favor. Motion carried. 2. PUBLIC HEARING ON APPLICATION TO VACATE-FIRE LANE - WITHDRAWN The City Manager stated that the applicants have withdrawn their request for the vacation of the Fire Lane between Lots 13 & 14, Skarp & Lindquists Ravenswood in a letter dated June 21, 1983. The City did receive a petition with 85 signatures against this vacation. There were two people present, Dorothy Davis and Frank Matachek, who spoke against the City vacating any of the public accesses. Mr. Matachek also spoke about an access on Emerald Channel that the City vacated some years back which he felt should never have been vacated because storm drainage was then diverted wrongly. Councilmember Paulsen stated that he thinks the City should identify all public accesses in the City and maintain them. Signs or markings on the streets that have public accesses could identify them for the public. Mayor Polston stated that a report was done sometime back by the Park Dept. identifying all the public accesses. No action was taken on this item. 3. PUBLIC HEARING - TAX INCREMENT FINANCING POLICIES FOR THE CITY OF MOUND The City Manager explained that two Policy Statements have been developed on Tax Increment Financing. One for redevelopment projects and one for economic development projects. These go along with the area that the Council defined as a high priority area in Mound.. One of the most important items in these policies is the Guidelines to be used when evaluating tax increment proposals. It is the same in each policy and reads as follows: 114 July 5, 1983 a. A proposed redevelopment or development project should not be reasonably expected to occur in the foreseeable future except through the use of tax increment financing. b. The estimated captured assessed .value for the proposed tax increment district, as indicated in the financing plan, should not exceed 5% of the total current assessed value of taxable real property in the City. (1983 Assessed Value is $60,258,249 - 5% equals $3,012,912.) c. Tax increment districts should be completed and terminated in the shortest possible time, keeping in mind the viable requirements of the district and the need to keep. the tax increment district finan- cially and aethetically healthy for the full term of any tax increment financing. The Mayor opened the public hearing and asked for comments from the citizens present. There were none. The. Mayor then closed the public hearing. The Mayor then asked if there were any questions that people would like to ask about tax increment financing. Duane Norberg, 6015 Aspen .Road - Asked if TIF would cost the homeowner anything? The City Manager explained that if the increase in taxes were not sufficient to pay the bonds, then the City would have to assess the residents. He further explained that there should be a development contract with the developer so it would not have a shortfall. TIF is an incentive to make a project go that would not otherwise take place. Examples of TIF projects in Excelsior, Wayzata, Deephaven, Minnetonka and Plymouth were sited. The City Manager assured the citizens present that the City will be very cautious when reviewing TIF projects such as Town Square and .Lost Lake to be sure the figures make sense and the project is viable. Charon moved and Paulsen seconded the following resolution: RESOLUTION #83-114 RESOLUTION TO ADOPT THE POLICY STATEMENTS DATED 6-20-83 REGARDING TAX INCREMENT REDEVELOPMENT AND ECONOMIC DEVELOPMENT PROJECTS AS PRESENTED The vote was unanimously in favor.- Motion carried. 4. CASE #83-230 - WILLIAM MICHEL, 5865 GRANDVIEW E3LVD. - PART OF LOTS 85 ~ 86 MOUND SHORES - FRONT YARD VARIANCE The City Manager explained that the applicant has requested a 7 foot front yard variance to construct an attached 26 foot by 24 foot garage (two story - 624 square feet) 13 feet from the Sunset Road right-of-way property line with it proposed to be 19.4 feet from the street curb line. According to the ordinance the setback required would be 20 feet. This variance is due to the topography of the lot and the shape of the property. The Planning Commission has recommended approval of the variance. Paulsen moved and Charon seconded the following resolution: July 5, 1983 RESOLUTION #83-115 RESOLUTION TO CONCUR WITH THE .PLANNING COMMISSION RECOMMENDATION TO APPROVE THE FRONT YARD 7 FOOT VARIANCE AS-REQUESTED FOR PART OF LOTS 85 & 86, MOUND SHORES (PID #14-117-24 42 0107) 5865 GRAND- VIEW BLVD. The vote was unanimously in favor. Motion carried. 115 5. CASE #83-231 - TIM ANDERSON - 3066 DUNDEE-LANE - LOTS 32 & 33, BLOCK 10, ARDEN - RECOGNIZE EXISTING ACCESSORY BUILDINGS AND BASEMENT ENTRY The City Manager explained that the applicant has applied for a variance to construct an approximately 24 .foot by 28 foot addition to the rear of his home,.] feet from the south lot line and 45 feet (plus or minus) to the north lot line and to recognize the existing nonconforming accessory buildings setbacks and the enclosed basement entrance setback. The Planning Commission have recommended approval of this variance to afford the .owner reasonable use of the property with certain conditions. These conditions are that the existing garage and shed cannot be structurally improved, expanded or repaired without applying for a variance and the requested addition to the principal building will have setbacks conforming to the City Code. Paulsen moved and Charon seconded the following resolution: RESOLUTION #83-1.16 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATIQN TO APPROVE THE EXISTING NONCONFORMANCE OF THE ACCESSORY AND PRINCIPAL BUILDINGS VARIANCE AS REQUESTED WITH CONDITIONS FOR LOTS 32 & 33, BLOCK 10, ARDEN - PID #24-117-24 44 0117 - 3066 DUNDEE LANE The vote was unanimously in favor.. Motion carried. 6. CASE #83-232 - LEWIS SACKS, 4625 ISLAND VIEW DRIVE - LOT 10, BLOCK 1 DEVON - EXPAND THE BUILDING 2ND STORY TO ALLOW THE EXISTING 1.5 FOOT SIDEYARD The City Manager explained that the applicant has applied for a variance to construct a second story over the existing 778 square foot home within 1.5 feet of the side property .line. The lot area and width,. and other setbacks of the principal structure are in conformance with the present code and a garage variance was previously granted. The Planning Commission has recommended approval of this variance because the second story will not extend into the nonconforming setback any further than the existing 1.5 feet and the. granting of the 4.5 foot variance will afford the owner reasonable use of the property and result in a conforming minimum floor area of the living space. Polston moved and Paulsen seconded the following resolution: RESOLUTION #83-117 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE EXISTING NONCONFORMANCE OF THE 1.5 FOOT SIDEYARD TO ADD A SECOND FLOOR ADD- ITION AS REQUESTED FOR LOT 10, BLOCK 1, DEVON - PID #30-117-23 22 0003 - 4625 ISLAND VIEW DRIVE The vote was unanimously in favor. Motion carried. 116 July 5, 1983 7. CASE #83-233 - BRIAN JOHNSON (FOR DOW-SAT OF MINNESOTA) - 4363 WILSHIRE BLVD. - LOTS 2 TO-27 INCL.,-BLOCK 3, SHIRLEY HILLS UNIT F - 20 FOOT VARIANCE TO R- REQUIREMENTS & SITE PLAN REVIEW The applicant has applied for a variance to construct an approximately 2800 square foot cable systems office and storage garage within 30 feet of the west property line. The City Code for the B-1 Central Business District requires a 50 foot seback, if abutting residential district. The Planning Commission has recommended approval of this variance because the intent is to maintain open space between the residentially zoned property and the commercial and recognizing the existence of a 20 foot public alley way plus the building setback of 30 feet to the property line which will provide 50 feet of open space. Mr. Johnson presented Dow-Bat's plan for the building. Charon moved and Paulsen seconded the following resolution: RESOLUTION #83-118 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE 20 FOOT SETBACK VARIANCE AS REQUESTED FOR LOTS 24 TO 27 INCL., BLOCK 3, SHIRLEY HILLS UNiT F - PID #13-117-24 34 0046/0047/0048/0049 The vote was unanimously in favor. Motion carried. 8. CASE #83-234 - GETTY REFINING & MARKETING - 1730 COMMERGE BLVD. - PART OF L 27, LAFAYETTE PARK - SIGN PERMIT The City Manager explained that the applicant has requested a sign permit to erect a sign described in size-on Exhibit "B", in the location as described on Exhibit "A". The Planning Commission has recommended approval. Charon moved and Paulsen seconded the following resolution: RESOLUTION #83-119 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A SIGN PERMIT FOR 1730 COMMERCE BLVD., PART OF LOT 27, LAFAYETTE PARK - PID #13-117-24 22 0025 The vote was unanimously in favor. Motion carried. 9. CASE #83-2.35 - HAROLD KENEFICK, 2113 BELMONT LANE - LOTS 3 & 4, BLOCK 8, LAKESIDE PARK CROCKER'S 1ST DIV. - LOT SIZE VARIANCE The City Manager explained that the applicant has applied for a lot size variance to construct an unenclosed deck to the rear of the present principal structure. The deck is conforming and meets all setbacks. The lot size variance is-for 2,000 square feet. The deck would be 10 feet by 23 feet. The Planning Commission has recommended approval. Charon moved and Paulsen seconded the following resolution: RESOLUTION #83-120 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE 2000 SQUARE FOOT LOT SIZE VARIANCE AS REQUESTED FOR LOTS 3 & 4, BLOCK 8, July 5, 1983 LAKESIDE PARK CROCKER'S 1ST DIU. - PID #13-117-24 32 0109 - 2113 BELMONT LANE The vote was unanimously in favor.. Motion carried. 10. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT The-Mayor asked if there were any comments or suggestions from the citizens present. There were none. li. TEMPORARY SIGN PERMIT - OUR LADY OF THE LAKE CATHOLIC CHURCH The City Manager explained that Our Lady of the Lake Catholic Church will again this year have its Incredible Festival and his requesting a temporary sign permit fora portable sign (28' long, 14' high and 8' wide) to be placed in the parking lot west of Hardees. The sign would be there from July 14, 1983 to August 5, 1983. Polston moved and Paulsen seconded a motion to authorize the issuance of a Temporary Sign Permit to Our Lady of the Lake Catholic Church for a portable sign to be placed in the parking lot west of Hardees from July 14, 1983 to August 5, 1983, advertising the Incredible Festival. The vote was unanimously in favor. Motion carried. 12. SET DATE FOR JOINT MEETING (COUNCIL AND HRA) 117 Charon moved and Paulsen seconded a motion to set July 20, 1983, as the date for a Joint Special Meeting between the City Council and the HRA to go over the HRA's responsibilities in Tax Increment Financing. The vote was unanimously in favor. Motion. carried. Notice will be put in The Laker. 13• RESCHEDULE AUGUST COUNCIL MEETINGS Paulsen moved and Charon seconded a motion to reschedule the August Council Meetings from the 1st and 3rd Tuesday nights to the 2nd and 4th Tuesday nights. The vote was unanimously in favor. Motion carried. Notice will be put in The Laker. 14. CBD PARKING LOT LEASE FOR COAST TO COAST LOT The City Manager explained that he has received the proposed lease for the Coast to Coast parking lot from Conco, Inc. Ne stated that he has asked the City Attorney to look it over. The Council decided not to take any action on this item until they hear from the City Attorney on the lease. 15. FINAL PAYMENT REQUEST - PEA BODY ROAD STORM SEWER The City Manager explained that the City Engineer has advised that the work on the Peabody Road Storm Sewer is fully completed and he is recommending payment in the amount of $3,121.95• Charon moved and Paulsen seconded a motion to approve the final payment for the Peabody Road Storm Sewer to Widmer Bros. in the amount of $3,121.95. The vote was unanimously in favor. Motion carried. 118 July 5, 1983 16. GAMBLING PERMIT - OUR LADY OF THE LAKE CATHOLIC CHURCH 17. CHARITABLE BEER PERMIT - OUR LADY OF THE LAKE CATHOLIC CHURCH Charon moved and Paulsen seconded a motion to authorize the issuance of a Gambling Permit and a Charitable Beer Permit to Our Lady of the Lake Catholic Church for August 6 and 7, 1983, for the Increditble Festival. The fee for the Gambling Permit to be waived. The vote was unanimously in favor. Motion carried. 18. PAYMENT OF BILLS Charon moved and Paulsen seconded a motion to approve the bills as presented on the pre-list in the amount of $106,655.70, when funds are available. A roll call vote was unanimously in favor. Motion carried. 19. FORMAL ACCEPTANCE OF RESIGNATION OF COUNCILMEMBER SWENSON The City Manager explained that the City Council received Councilmember Swenson's resignation some weeks ago and acknowledged that fact but has never formally aceepted it or declared a vacancy on the City Council. Charon moved and Paulsen seconded the following resolution: RESOLUTION #83-121 RESOLUTION FORMALLY ACCEPTING THE RESIGNATION OF COUNCILMEMBER GORDON SWENSON AND DECLARING A VACANCY ON THE CITY COUNCIL The vote was unanimously in favor. Motion carried. 20. INFORMATION/MISCELLANEOUS A. SUGGESTED QUESTIONAIRE - The City Manager stated that the Mayor has suggested that the City place a questionaire in The Laker asking for public opinions on several key issues. The Staff has drafted one for the Council to review and consider. The Council consensus was that this was an excellent idea and they will look forward to the response. B. RAILROAD UPDATE VIA HUTCHINSON - Hutchinson Area Chamber of Commerce Minutes regarding the Burlington Northern Railroad which also runs through Mound. C. MACI ALCOHOL GUIDELINES.- The City Manager explained that he is presenting a proposed guideline for the use of alcohol by City employees. The Council thought this was a good idea. D. ARTICLE - LEAGUE OF CITIES - entitled "Downtown in the Future" a report to the Minneapolis Downtown Council. E. ARTICLE ON CREATIVITY - from the May, 1983 issue of Issues & Observations. F. LETTER OF RESIGNATION - from Dock Inspector Don Rother, effective August 12, tg 3. 119 July 5,1983 G. METRO COUNCIL "RE1fIEW" - Recent Council actions May 23 - June 10. H. ARTICLE ON SWIMMER'S ITCH I. WATERSHED DISTRICT MEETING NOTICE & MINUTES - Meeting notice for July 7, 19 3 and Minutes from the June g, lg 3, Meeting & June 21, 1983, Meeting. J. 1983 POPULATION FIGURES ON THE CITY OF MOUND - from the Metro Council. K. TWIN CITIES LABOR MARKET INFORMATION - for June 1983. L. JULY CALENDAR Paulsen moved and Charon seconded a motion to adjourn.. The vote was unanimously in favor. Motion carried. ~.- Elam, City Manager Fran- lark, City Clerk BILLS------JULY 5, 1983 Earl F. Andersen & Assoc 30.:04 Dave Cook 10.00 Arnie's Tree Service 50.00 Commiss of Revenue 7,093.78 Ben Franklin 125.75 Driver ~ Vehicle Serv 8.25 Holly Bostrom 260.00 Fidelity Bank 1,311.55 Bradley Exterminating 38.00 Griggs, Cooper 3,477.54 Bowman Distribution 118.64 Bill Hudson 100.00 Jan Bertrand 18.36 Johnson Bros. Liq. 3,665.25 Chapin Publishing 408.60 Sharon Legg 431.07 Dependable Services 33.00 Mound Postmaster 10$.00 Driver ~ Vehicle Services 24.75 City of Mound 38.59 Finley Bros. Enterprises 1,685.00 Metro Waste Control 3,366.00 Feed-Rite Controls 120.82 Metro Waste Control 26,126.47 Gopher Oil Co. 127.96 MBL 558.15 Genuine Parts 5.76 Old Peoria Co. 954.62 Henn Co. Treas. 465.25 Norwest Bank 37,444.10 Henn Co. Sheriff Dept 134.64 Ed Phillips 2,520.48 Heiman Fire Equip 310.25 Santa Fe Freight Salv 196.00 Wm Hudson 7.66 U of M Registrar 220.00 Jones Chemical 114.40 Robert E. Johnson 55.71 J ~ R Radiator 327.89 Litfin Trucking 75.00 Lathrop Paint Supply 103.47 Lutz Tree Service 1,435.00 MacQueen Equip 768.77 Mound Super Valu 77.40 Pitney Bowes Credit 26.00 Tom Rockvam 3,300.00 Don Rother 39.16 Real One Acquisition 712.35 Shepherds Rental Rugs 53.00 SOS Printing 47.60 Rick Sorenson 305.60 Swenson Nursery 40.50 Thrifty Snyder Drug 14.51 Village Chevrolet 28.80 Water Products Co. 12.88 Widmer Bros. 1,42q.00 R.L. Youngdahl Assoc. 6,037.00 Ziegler, Inc. 57.33 TOTAL BILLS 106,655.70