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1983-10-18October 18, 1983 REGULAR MEETING OF THE CITY COUNCIL 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 531 Maywood Road in said City on October 18, 1983. at 7:30 P.M. Ttlose present were: Mayor Robert Polston, Councilmembers Pinky Charon, Phyllis Jessen, Gary Paulsen and Russ Peterson. Also present were: City Manager Jon Elam, City Attorney Curt Pearson. Building Official Jan Bertrand, Police Chief Bruce Mold, City Planner Mark Koegler, City Clerk Fran Clark and the following interested citizens: Larry Connolly- Melvin Larson, Gladys Larson, Mary Prociw, Vangie Wal-droff, Ed Waldroff~ Don Prince, Roger Roger, Rod MacCharles, -Doug Thelen, Fritz Widmer, Robert Olson, Gary Paulsen. Ronald Burns. Dave Wagner. The Mayor opened the meeting and welcomed the people in attendance. MIn.+UTES The Minutes from the October 4, 1983, Regular Meeting were presented for consideration. Councilmember Paulsen noted that on page 7. under "Burning of Leaves"- he had voted nay. Paulsen moved and Peterson seconded a motion to approve the Minutes of the October ~#, 1983. Regular Meeting as corrected. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: AMENDMENT TO ZONING ORDINANCE ~~122 TO ESTABLISH A PLANNED COMMERCIAL/INDUSTRIAL DEVELOPMENT AREA The City Manager explained that the preparation of this ordinance amendment was initiated because of the item that follows on the Agenda, a request from Mr. Fritz Widmer to amend the B-2 Zoning District to permit mini-storage facilities as a conditional use in the B2 District. The Staff prepared an ordinance setting up a Commercial Industrial Planned Development Areas within all the B districts rather than amending the ordinance to include ministorage in the~B-2 District because a PDA potentially permits tighter control of such uses compared to simply amending the B2 conditional uses. After discussing the ordinance draft. the Planning Canmission decided to recommend that such an ordinance only be valid for the B2 zone and the uses should be restricted only to those now applicable to the B-2 zone with the addition of mini-storage facilities. The question now becomes should the Council amend the ordinance permitting planned commercial facilities (a variety of land uses within a variety of commercial and industrial zones or amend the present B-2 Zoning District adding mini-storage as a conditional use. The Mayor opened the public hearing and asked for any comments for or against the proposed ordinance amendment for a PDA. Rod MacCharles. owner of property next to Widmers, stated that he is in favor of the amendment to allow mini-storage. The Mayor closed the public hearing. October 78, 1983 Councilmember Paulsen asked why mini-storage is only allowed in an industrial area. City Planner Mark Koegler~ stated that is a storage or warehouse type use and seems to be more in tune to industrial areas. Councilmember Peterson voiced concern about having metal pole barn type buildings in this area. Councilmember Jessen asked the purpose of a Planned Commercial Area (PCA)., The City Planner stated that the purpose is to provide a method by which parcels of lard in the B--2 Zone. General Business District having unusual building charac- teristics due to subsoil conditions. topographic conditions. elevation of water table, unique environmental considerations. or because of the parcel's unusual shape or location in relationship to lakes. trees or other natural resources requires more unique and controlled platting and development techniques to protect and promote the quality of life in the City. The Council discussed limiting the PCA to only the B-2 District. The City Attorney pointed out that the Council has to either amend the ordinance establishing a PCA or amend the ordinance to allow mini-storage in a B-2 District as a conditional use or neither. Councilmember Peterson moved and Polston seconded the following: ORDINANCE #~15~ AN ORDINANCE AMENDING SECTION 26.630.3 OF THE CITY CODE PROVIDING FOR MINI-STORAGE FACILITIES AS A CONDITIONAL USE Council discussion followed on whether mini-storage would be the highest use; allowing or not allowing metal buildings and consistency in this district. The vote was 3 in favor with Charon and Paulsen voting nay. The ordinance amendment failed. PUBLIC EiEAR,~NG: PROPOSED AMENDMENT OF THE ZONING MAP & CONDITIONAL USE REQUEST FOR C F X83-2~2 - WIDNIER - PID X13-117-24 22 0016 No action could be taken on this item and the public hearing could not be held because there is nothing in the Ordinance to allow mini-storage in a B-2 Zoning District. The Council moved on to the next item. PUBLIC HEARIjdG: ON THE ISSUANCE OF AN "ON AND OFF SALE BEER LICENCES" - FREE POINTS TAVERN - ROGER & GAIL RAGER The City Manager explained that Mr. Roger Rager is again running the Three Points Tavern because of default on Contracts for Deed. He is now asking that all the Licenses be issued in his name. The following are the licenses he has applied for: "On & Off Sale Beer Licenses", Set-Up Licenser 2 Pool Table Licenses. 5 Games of Skill Licenses: 2 Juke Box Licenses. an Entertainment Permit. Restaurant License- and a Cigarette License. Mr. Rager explained that he has again taken over running the Three Points Tavern and is trying to get it organized again to be a paying venture. He explained 2 October 18, 1983 that he does not open until 3:00 P.M., and will basically run the place as he did in the past. The 1~Iayor opened the public hearing and asked for any comments for or against the issuance of the licenses requested. Mr. & Mrs. Melvin Larson, 166~t Eagle Lane, stated that he objects to this because of the noisy after hours parties in the parking lots; patrons of the tavern wandering around the neighborhood; the honking of horns late at night; the noise from the bar when the doors are open; weeds and trash in the parking lot. Mary Prowic, 1672 Eagle Lane, stated she would like to see some posts put in the parking lot so people can't drive onto her property and also a retaining wall a Ed Waldroff. 1677 Eagle Lane, stated that during the Summer he had threatened to sign a complaint because of a noisy after hours party and was told by a Police Officer that it was a private party and he could do nothing. The Police Chief responded and stated that the City of Mound does have a noisy party ordinance and the Police Officer was incorrect. Mr. Waldroff also stated that in the past when snow has been plowed from the parking lot at the tavern it has been pushed into his yard. He would Like to have this stopped. Mr. Rager responded to the above complaints, stating that he has hired two teenagers to come in this Thursday and Friday and pull all the weeds from the parking lot; that he has requested a bid from Widmer for... the hauling out of snow in the winter; that he does not intend to use his Common's dock for his business and will not put signs on it indicating parking for the tavern. He stated that he is running the operation at this point on a limited amount of cash and will need time to do some of the improvements that need to be made because the prior owners did not keep the place up. The Mayor closed the public hearing. Councilmember Charon asked Mr. Rager if he intended to do anything about the entrance to the parking lot from Eagle Lane. Mr. Rager stated that he would not be able to afford to pave it right now. but intended to but more gravel in and have it graded. The City Attorney stated that the Council could put conditions on the issuance of the licenses if they wished to cover some of the points brought out by the citizens present. Paulsen moved a motion to issue the licenses requested. The motion died for lack of a second. The Mayor then asked the Police Chief, City Planner and City Manager to prepare a list of conditions that the license would be granted under, including the items brought up tonight, and bring it back to the Council for approval by the November 1, 1983, meeting. Until that time the Council will issue temporary licenses. 3 October 18. 1983 Charon moved and Jessen seconded a motion to refer the items discussed to the Staff so they can draw-up conditions on which the licenses will be issued. Item to be on the November 1. 1983. Regular Meeting agenda. The vote was unanimously in favor. Motion carried. Polston moved and Charon seconded a motion to authorize the issuance of 21 day temporary licenses to Roger Rager so the conditions can be worked out. Licenses will be put on the November 1~ 1983 agenda for consideration. The vote was unanimously in favor. Motion carried. ON STREET PARKING VARIAIJCES The City Manager reported that there are only 2 on street parking variances that are being recommended for approval. They are as follows: Gary Paulsen, 4738 Galway Road and Peter Blank. 6382 Maple Road. The variance for Mr. Paulsen is because the property has rock walls the full length of it and the variance request states that in 1984 he will excavate for a driveway. He just recently purchased the property. Mr. Blank's request is to park his car at the end of Maple Lane because he has no place an this property to make driveway. His vehicle is not in the way and no one lives beyond him. The Council told Mr. Paulsen that they would only issue this variance this year in order to allow. him time next year to construct a driveway. Peterson moved and Paulsen seconded a motion to approve the On Street Parking Variances of Mr. Gary Paulsen. 4738 Galway Road and Mr. Peter Blank,6382 Maple Road for 1983-84, with the condition that Mr. Paulsen have a driveway installed in 1984. The vote was unanimously in favor. Motion carried. PARK COMMISSION APPOINTMENT The City Manager reported that the Park Commission has recommended that Linda Panetta be appointed to the Park Commission for the remainder of Phyllis Jessen's term (December 31. 1986). Jessen moved and Paulsen seconded a motion to appoint Linda Panetta to the Park Commission for a term to expire December 31~ 1986. The vote was unanimously in favor. BINGO PERMIT Charon moved and Peterson seconded a motion to authorize the issuance of a Bingo Permit to the Mound Fire Depart Auxillary for November 15~ 1983. The vote was unanimously in favor. Motion carried. CASE X83-256• ROBERT L OLSON. 4424 DENBIGH ROAD. LOT 91. PHELPS ISLAND PARK 1ST nrvrSION - VARIANCE TO RECOGNIZE EXISTING NON-CONFORMING SETBACK .~1~T The City Manager explained that the Planning Commission has recommended denial of this request but that the Staff has recommended approval because the addition would make the home conforming in square footage. The Staff would recommend 4 October 18. 1983 approval with conditions: the applicant grant the city a 15 to 20 foot easement for future road-purposes and the expansion conform to the 6 foot setback. Mr. Olson agreed. Charon moved and Peterson seconded the following resolution: RESOLUTION X83-191 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING. SETBACK :AND NONCONFORMING LOT FOR LAT 91, PHELPS ISLAND PARK 1ST DIVISION - PID #19- 117~23 24 (?026 The vote was unanimously in favor. Motion carried. CASE X83-255: ADRI~±i , YAC~Ct,EY, 5109 DRUMMO~iD ROAD. LOTS 3 & ~ . BLOCK 14 , WHIPPL,,~ - 4 FOOT REAR YARD VARIANCE The City Manager explained that the Planning Commission has recommended denial of this request because it does not meet the rear yard setback and .could be redesigned to conform to the Zoning Code. The Council discussed the variance request and agreed with the Planning Commission. Polston moved anc Charon seconded a motion to concur with the Planning Commission recommendation .and deny the variance request for Adrian Yackley, 5109 Drummond Road, Lots 3 & 4, Block 14, Whipple. The vote was unanimously in favor. Motion carried. Pt3ALIC HEARTNC~ CASE X83-~54 - RONALD-T BURNS, 3245 DEXTER DANE. LOTS 13 & 14. SOCK ~.0. DEVON - PID X25-117-24 11 0111 - VACATION- OF NORTH ,~ 1/2 FEET OF UNDEVELOPED WINDSOR ROAD The City Manager explained that there is a 30 foot right-of-way for Windsor Road and the proposed vacation would take 7 ?/2 feet off the north .side and there would be 7 1!2 feet on the opposite side of the street for possible vacation leaving 15 feet for an access road through. This vacation would make the setbacks for the .proposed garage on Lots ~13 and 14 conforming. The Planning Commission has recommended approval of this vacation but only for the street portion of the property not the utility portion. The Mayor opened the public hearing and asked for any comments for or against the approval of this vacation. Mr. Donald Prince. 4917 Island. View Drive, stated that he did not object as long as the proposed garage was not built on the vacated portion of Windsor Road. The Council assured him it would not. The Mayor closed the public hearing. Charon moved and Jessen seconded the following resolution: RESOLUTION X83-192 RESOLUTION VACATING 7 1/2 FEET OF THE STREET PORTION OF WINDSOR ROAD, BUT RETAINING THE UTILITY EASEMENTS 5 October. l8, 1983 The vote was unanimously in favor. Motion carried. CASE ~g~_252- DOUGLAS THELEN, 3103 DEVON LANE, LOTS 1,2,3.4&7. BLOCK 3s ARD,~N- ~~, 4„AN~ }„~i .35 FOOT FRONT YARD VARIANCE The City Manager explained that Mr. Thelen has applied for a building setback variance of 12.4 and 16.35 feet to the street fronts to allow for the removal of an existing portion of the home and to reconstruct at the same location. a two story 12 foot by 30.3 foot addition.. The Planning Commission has recommended approval due to the topography and the unusual shape of the lot of record. Peterson moved and Paulsen seconded the following resolution: RESOLUTION #83-193 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE THE FRONT YARD VARIANCES AS REQUESTES FOR LOTS 1,2.3.4 AND 7, BLOCK 3. ARDEN (PID X24-117-24 44 0029) The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM. CIT~EN~Ti'~~~NT The Mayor asked if there were any comments or suggestions from the citizens present. There were none. SK~T_C_~PLAN REVIEW• HOUSING PROPOSAL SUBMITTED BY KRAUS-ANDERSON Mr. Dave Wagner. an architect with BWBR, was present to explain Kraus-Anderson's sketch plan for the Lost Lake site. Their preliminary market analysis indicates to them that empty nester housing is needed. They have a sketch plan with 2 buildings of 5 or b stories each facing the open marsh. They would be some inside parking and outside parking (they wouldn't know the exact number until their market study is completed). They have been informed that 2 service station companies are looking at sites in this area and they would Like to see any service station at the end of the development. Docks would be nice but may not be necessary. Their soil reports are~not completed and will have to be investigated but it may be important to open up some of the marsh area. Other questions not dealt with is the PCA's claim of possible hazardous wastes in Lost Lake. He assured the Council that they want to work with the City in the development of this area. Mayor Polston asked how many units would be considered? Mr. Wagner stated from 114-120, but that is unsure at this point. The Mayor asked how much the project would be worth. Mr. Wagner stated approximately six million dollars .and that they would be condominium or co-op type housing. Councilmember Paulsen asked the Planner what kind of an impact this would have on the Downtown Business District. Mark Koegler stated that he felt it would have a good impact. Councilmember Paulsen stated that he thought Kraus-Anderson should have the soil borings done before a market study is done in order to see if the property can be built upon. He suggested contacting Bud Stannard for the .soil report he had done in the last few years. 6 October 18, 1983 Councilmember Jessen voiced concerns for the wetlands and the docks if they were offered in the marketing of the units. Councilmember Peterson asked how they decided on "empty nesters" as the prime people for this type of housing. Mr. Wagner stated that they felt it was a needed item and felt it would be attractive to that age group. The Council discussed setbacks. other amenities, the wetlands, etc. Peterson moved and Charon seconded a motion to concur with the Planning Commission recommendation to give conceptual approval of the sketch plan presented to the Planning Commission and the City Council by Kraus- Anderson on the Lost Lake site, agreeing that multi-family is an appropriate use for the property and encouraging Kraus-Anderson to proceed with their study. The vote was unanimously in favor. Motion carried. REFUND REQUEST: JON SCHERVEN - VACATION APPLICATION Peterson moved and Jessen seconded a motion to approve the refund request of Mr. Jon Scherven for the unused portion of his alley vacation filing fee ($59.00). The vote was unanimously in favor. Motion. carried. SET DATE FOR PUBLIC HEARING• R~.ALLACATION OF CDBG FUNDS The City Manager explained that the Pond Ice Arena would like to install a handicapped ramp and is~requesting funds from the 1983 CDBG Funds to pay for 50~ of this ($1,250.00). A public hearing will have to be held to reallocate these funds for this project. Suggested date: November 15. 1983. Charon moved and Peterson seconded a motion to set November 15, 1983. for a public hearing on the reallocation of $1,250.00 of 1983 CDBG Funds for the purpose of installing a handicapped ramp at the Pond Ice Arena. The vote was unanimously in favor. Motion carried. RECANVEYANCE OF TAX FORFEIT PROPERTY The City Manager explained that there are several lots that should be reconveyed to the State so that they can be sold to adjoining property owners. They are: a. Lot 21, Block 12, Pembroke b. Lot 5 Block 9, Woodland Point Jessen moved and Charon seconded the following resolution: RESOLUTION #83-194 RESOLUTION RECONVEYING CERTAIN TAX FORFEIT PROPERTIES BACK TO THE STATE AND REQUESTING THE COUNTY BOARD TO D~iPOSE CONDITIONS ON THE SALE OF SAID TAX FORFIET LANDS AND TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS - IAT 21. BLOCK 12, PEMBROKE & LOT 5, BLOCK 9. WOODLAND POINT. The vote was unanimously in favor. Motion carried. 7 October 18, 1983 ELECTRIC IAAD STUDY The City Manager reported that Triangle Engineering. Inc. will do an electric load study on the City's water system as per the Council's discussion during the budget process. The cost would be .33.900 and would be paid out of the Water. Fund. Peterson moved and Charon seconded a motion to authorize the Manager to sign a contract with Triangle Engineering Inc, for the purpose of an electric load study of the City's water system. at a cost of 33.900 to be paid from the Water Fund. The vote was 4 in favor with Councilmember Paulsen absent from the vote. Motion carried. SET D.,~,'j~' FOR P1~LTC HEARING• AMENDING RESTAURANT CLASSIFICATIONS= APPLICA- ~ION TO &-~= B-2= AND B-3 ZQNING DISTRICTS AND ~~I,~~,j~C= RESIDENTIAL USES WT1T3I1V THE B-~3 ZONING DISTRICT Charon moved and Peterson seconded a motion to set November 15. 1983 for a public hearing on the proposed zoning change amending restaurant classifica- tions. application to B-1~ B-2 and B-3 Zoning Districts and permitting residen- tial uses within the B-3 Zoning District. The vote was ~# in favor with Gouncil- member Paulsen absent from the vote. Motion carried. LAGOON~ARK: VACATION & LAND TRADE SITUATION The City Manager explained that this is a situation that Mr. Podany and the City have been trying to work out for some time. What basically would happen is a land exchange. The City would vacate some park land in exchange for a piece of Mr. Podany's property which would give the City access to Lagoon Park. The problem has been that the City cannot give clear title to the park property to Mr. Podany. Mr. Podany's attorney has now suggested that the City vacate the piece tfr. Podany wants and Mr. Podany will subdivide off the piece of his land that the City wants for access to Lagoon Park. 'Then Mr. Podany will do all the legal work at his expense required to have the park property put in his name. The -Park Canmission has approved the land exchange proposal twice (once in 1981 and once in 1983) and the City Council approved the concept in 1981. Peterson moved and Jessen seconded a motion giving direction to move ahead with the City's vacation procedure simultaneously with Mr. Podany's application for a subdivsion of his property for the land 'exchange. The vote was 4 in favor with Councilmember Paulsen voting nay. Motion carried. PAYMENT OF BILLS Peterson moved and Charon seconded a motion to approve the payment of bills as presented on the pre-list in the amount of 376.632.18 when funds are available. A roil call vote was unanimously in favor. Motion carried. .~'.~VAL OF CBD SNOW REMOVAL BID The City Manager stated that bids have been received for the GBD snow renoval 8 October 18, 1983 for the winter of 1983. Two bids were received and the low bid was from Illies & Sons. Polston moved and Charon seconded the following resolution: RESOLUTION X83-195 RESOLUTION AWARDING THE 1983-84 CBD SNOW REMOVAL BID TO ILLIES & SONS The vote was unanimously in favor. Motion carried. Ij~FORMATION/MISCELLANEOUS A.. Letter from A.M.M. regarding PCA & Lost Lake. B. Metro Council Review for September 29, 1983. C. Recommendations for Dealing with Adverse Impacts of Solid Waste Facilities. from the Metro Council. D. Copies of LMCD Ordinance Changes: 1. De-Icing Equipment. 2. Fees for Special Events. E. Public Services Redesign Project .(Contracting as an Approach to Management). F. LMCD - Changes in Special Density Permits. G. Westonka Chamber of Commerce "Chamber Waves" - October, 1983. H. American Legion Post ~~398 Gambling Report for September, 1983. I. Hennepin County Transportation Poogram Bulletin - October. 1983. J. State Water Resources Board Announcement. K. Housing Rehabilitation Grant Program Report. L. Park Commission Minutes - September 8, 1983. CUTIVE 5,~.~$ION Charon moved and Paulsen seconded a motion to go into Executive Session to discuss pending litigation. The vote was unanimously in favor. Motion carried. Time 10:40 P.M. Charon moved and Polston seconded a motion to adjourn at 11:30 P.M. The vote was unanimously in favor. Motion carried. ~~~ Fran Clark, City Clerk on Elam, City Manager 9 BILLS------OCTOBER 18, 1883 A-1 Minnetonka Rental American Water Works Assn Blackowiak ~ Son Bury ~ Carlson Butch's Bar Supply Ron Bostrom Bowman Distribution Jan Bertrand Bill Clark Standard Coast to Coast Coca Cola City Club Distributing Davies Water Equip Duane's 66 Service Day Distributing Dictaphone Corp East Side Beverage Eull's Mfg Glenwood Inglewood Hach Co. Henn Co. Sheriff Heiman Fire Equip Hayden Murphy Equip Robert E. Johnson Island Park Skelly Tom Jacobs Kool Kube Ice Lowells LOGIS The Laker League of MN Cities Lyman Lumber Leef Bros. Inc. Marina Auto Parts Minnegasco Wm Mueller & Sons Minn Comm Mpls. Oxygen Navarre Hdwe N.S.P. NW Bell Telephone A.J. Ogle, Inc. Pepsi Cola/7 Up P.D.Q. Food Stores Pogreba Distributing Royal Crown Beverage Regal Window Clean Real One Acquisition Satellite Industries Nels Schernau Spring Park Car Wash Don Streicher Guns Sterling E]ectric Co. Howard S i ma r Ziegler, Inc. _. ~_ 3.00 48.00 107.00 112.00 434.30 17.85 100.43 306.18 1,587.94 154.65 208.20 2,817.60 20.23 86.00 2,087.81 430.00 3,288.84 78.00 84.10 772.64 85.81 938.00 936.30 10.78 8.00 135.00 386.40 18.75 1,516.28 219.16 3,167.00 88.32. 85.05 700.10 155.57 3,729.89 28.75 38.68 277.36 5, 507.72 86.40 1,884.17 238.50 140.54 4,363.20 140.55 10.75 120.26 48.00 g. 24 105.40 330.00 134.74 467.50 84.84 Holly Bostrom Cromer Management State Bank of Mound Twin City Home Juice Terry's Plumbing Thurk Bros. Chev Tri State Drilling Thorpe Distributing Thompson Lumber James G. Thompson Unitog UARCO, Inc. Water Products, Inc. Bruce Wold Xerox Air Comm Robert Cheney Robert Cheney Patsy D'Avia B. Dal ton John Farness Griggs, Cooper Johnson Bros. Liq Robert Lauer M.F.O. A. City of Mound M.A.D. House Metro Waste Control Mound Fire Dept Richard Meyer Old Peoria Co. Ed Phillips Radisson Arrowwood Uniforms Unlimited Chemlawn Deerland Distributors Fire Control Extinguisher Gerry's Plumbing Eugene Hickok Tim Johnson Inland Associates Kromer Co. Lake Mtka Conserv. Dist Doris Lepsch N.S.P. Precision Striping R.K. Automotive Tom Rockvam Real One Acquisition Title Insurance Timber Products Uniforms Unlimited Westonka Community Servic Western Tree Service Zacks Inc TOTAL BILLS 156.00 245.00 12.00 48, 00 620.50 186.86 877.77 4,542.75 32.76 998.75 258.22 353.35 156.50 8. o0 1,035.16 94.00 334.00 241.00 60.00 11.95 241.00 1,885.14 5,084.84 500.00 75.00 94.36 2.00 2,103.75 2,508.50 500.00 507.68 1,106.04 78.00 280.00 ],664.00 430.00 20.00 147.50 1,945.20 15.00 181.66 4.40 1,998.50 15.00 3,759.47 321.00 54.00 132.00 675.00 236.50 82.00 28.40 es 204.76 345.00 138.82 $76,632.18