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1985-02-2632 February 26, 1985 REGULAR MEETING OF THE CITY COUNCIL The City Council of Mound. Hennepin County. Minnesota met in regular session on February 26. 1985. at 7:30 P.M, in the Council Chambers at 5341 Maywood Road. in .said City. Those present were: Mayor Bob Polston~ Councilmembers Phyllis Jessen. Gary Paulse n Russ Peterson and Steve Smith. Also present were: City Manager Jon Elam. City Attorney Curt Pearson City Clerk Fran Clark. Building Inspector Jan Bert-rand and the following interested citizens: Dan Sicheneder. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the February 12~ 1985. Regular Council Meeting were presented for consideration. Peterson moved and Paulsen seconded a motion to approve the Minutes of the February 12, 1985. Regular Meeting, as presented. The vote was unanimously in favor. Motion carried. PUBLIC HEARING• DELINQUENT UTILITY BILLS FOR FEBRUARY The Mayor opened the Public Hearing and asked if there was anyone present who wished to address the Council with regard to a delinquent utility bill. No one responded.' The Mayor closed the Public Hearing. Paulsen moved and Jessen seconded the following resolution: RESOLUTION #85-21 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS FOR FEBRUARY IN THE AMOUNT OF #2.568.38 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE FOR THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. CASE #85-407: DANIEL SICHENEDER, 1742 SHOREWOOD LANE. PART OF LOTS 20 ~ 21, BLOCK 4, SHADYWOOD POINT, FRONT YARD VARIANCE ~ FENCE HEIGHT VARIANCE The City Manager explained that the Planning Commission approved the setback variances, but denied the 7 foot high fence request, allowing only a 6 foot high fence. 33 February 26, 1985 The applicant. Mr. Sicheneder was present and stated that he w ould still like to have the 7 foot high fence for privacy and a noise barrier. Councilmember Jessen asked if he would build the 6 foot fence if he were denied the 7 foot fence. The applicant answered yes. Councilmember Paulsen asked if the fence post would impede drainage. The City Manager answered no. Peterson moved and Jessen seconded the following resolution: RESOLUTION #85-22 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE THE SETBACK VARIANCES FOR PART OF LOTS 20 AND 21, BLOCK 4, SHADYWOOD POINT (1742 SHOREWOOD LANE) The vote was unanimously in favor. Motion carried. CASE #85-402: CAL HAASKEN/VAL WIRTZ, 3301 WARNER LANE, W. 1/2 OF LOT 54, WHIPPLE SHORES, REAR YARD VARIANCE The City Manager explained that the applicants are requesting a 9 foot rear_ yard setback variance in order to construct a new dwelling. The. Planning Commission recommended approval due to the shallowness and topography of the property. Peterson moved and Paulsen seconded the following resolution: RESOLUTION #85-23 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE A 9 FOOT REAR YARD VARIANCE FOR THE WEST 1/2 OF LOT 54, WHIPPLE SHORES, PID #25-117-24 21 0154 The vote was unanimously in favor. Motion carried. CASE #85-410• TIM WHITE, 2137 CENTERVIEW LANE, LOTS 29 & 30, BLOCK 6, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK SETBACK VARIANCE The City Manager explained that the applicant is asking to be allowed to construct a deck 0 feet to an accessory building and 11-17 feet from the alley right-of-way. He further explained that the applicant put the connection (with a garage door and dirt floor) between the house and the accessary building without a permit. Now he wants to replace the connection. with a deck. Councilmember Paulsen asked the Building Inspector if the structure w ould have to be modified even if denied. The Building Inspector answered yes. The City Manager suggested tabling this item since the Planning 34 February 26. 1985 Commission has recommended denial and the applicant is not present. Peterson moved and Paulsen seconded a motion to table this item. The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING ON PROPOSED AMENDMENT OF DISTRICT PROVISIONS AND PERFORMANCE STANDARDS OF THE ZONING ORDINANCE N0. 422 TO REGULATE SATELLITE DISH ANTENNAS The Council discussed the proposed date and decided April 9 would be a better date than March 26. Paulsen moved and Peterson seconded a motion to set April 9. 1985. at 7:30 P.M. for a Public Hearing on a proposed amendment of district provisions and performance standards of the Zoning Ordinance No. 422 to regulate satellite dish antennas. The vote was unanimously in favor. Motion carried. CHANGE OF COUNCIL MEETING DATE IN MARCH The Council decided that since 3 of them would just be getting back from the National League of Cities Conference at 7:00 P.M. on March 26. 1985. they would like to reschedule that meeting for March 19. 1985 at 7:30 P.M. Paulsen moved and Peterson seconded a motion to reschedule the March 26. 1985. Regular Council Meeting for. March 19. 1985. at 7:30 P.M. The vote was unanimously in favor. Motion carried. RESOLUTION DENYING A REQUEST FOR A LOT SIZE VARIANCE AT .1721 DOVE • LAND AND STATING FINDINGS OF FACT The City Attorney had prepared a resolution according to the Council's wishes on the above item. Paulsen moved and Jessen seconded the following resolution: RESOLUTION #85-24 RESOLUTION DENYING A REQUEST FOR A LOT SIZE VARIANCE AT 1721 DOVE LANE AND PREPARING FINDINGS OF FACT The vote was unanimously in favor. Motion carried. The City Manager then submitted a report from the Building Inspector regarding the structure at 1721 Dove Lane. This report was based on a letter and inspection of the general structural condition by Mr. Max J. Daubenberger of Van Doren. Hazard & Stallings. • The City Attorney advised that the Council defer action on this 35 February 26, 1985 item until it can be referred to Staff for compliance with the State Statutes. The Council agreed. QUOTATIONS TO ABANDON CITY WATER WELLS N0. 2 AND N0. 5 AND REMODEL WELL PLUMBING IN N0. 7 The City Manager explained that Wells No. 2 (on Commerce Blvd.) and 5 (behind Donnie's) are not being used and we have quotes now to remove them. He further stated the No. 7 needs to be remodeled to try to eliminate air surges. The City asked 5 different well companies for quotes but received only 2. They were as follows: A. Pull Well - Pump No. 2 Keys Well Drilling Co. ~ 950.00 Stevens Well Co. ~ 808.00 Jessen moved and Peterson seconded at motion to approve the quote of Stevens Well Co. in the amount of #808.00 to pull Well Pump No. 2. The vote was unanimously in favor. Motion carried. B. Pull Pump ~~5 and Grout Keys Well Drilling Co. X2,300.00 Stevens Well Co. $1,692.00 Peterson moved and Jessen seconded a motion to approve the quote of Stevens Well Co. in the amount of i1 ,692.00 to pull Pump ~`5 and grout. The vote was unanimously in favor. Motion carried. C. Remodel Plumbing in Well No. 7 Keyes Well Drilling Co. Stevens Well Co. Jessen moved and Paulsen seconded quote of Stevens Well Co. in the remodel plumbing in Well No. 7. The favor. Motion carried. $2,550.00 $2,513.00 a motion to approve the amount of X2,513.00 to vote was unanimously in COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there were any comments or suggestions from citizens present. There were none. The City Manager explained that this has become a yearly event and the Minnetonka Bass Club is again requesting permission to use the public launch area near Mound Bay Park on June 8, 1985, during the hours of 5:30 A.M. to 3:30 P.M. for their Bass Tournament. - 36 February 26, 1985 Peterson moved and Smith seconded a motion to approve the request of the Minnetonka Bass Club to use the public launch near Mound Bay Park on June 8. 1985. from 5:30 A.M. to 3:30 P.M. The vote was unanimously in favor. Motion carried. RESOLUTION DESIGNATING ADDITIONAL OFFICIAL DEPOSITORIES FOR 1985 The City Manager explained that the Finance Director has asked that the following be added as official depositories for 1985. Dain Bosworth Inc.. Kidder Peabody & Co.~ and Offerman & Co.~ Inc. Paulsen moved and Peterson seconded the following resolution: RESOLUTION 85-25 RESOLUTION DESIGNATING ADDITIONAL OFFICIAL DEPOSITORIES FOR 1985 The vote was unanimously in favor. Motion carried. SHORELAND MANAGEMENT ORDINANCE DISCUSSION The City Manager stated that he has given the Council all the material sent by the City Attorney regarding a Shoreland Management Ordinance and would now suggest that maybe the Council would like to set up a committee to study this as they had on the Weltlands Ordinance. Councilmember Smith asked if the Commissioner could impose an ordinance on the City if it did not chose to pass one themselves. The City Attorney stated that yes they can. Councilmember Smith asked how many other cities in the area have this ordinance. The City Manager stated 3 or 4. The Council discussed the fact that this has come up because of the Pelican Point proposal for a PUD. The fact that the developer has completed and EWS (environmental worksheet) but does not want to prepare an EIS (environmental impact statement) and would be required to do so if the City does not have a Shoreland Management Ordinance. Councilmember Paulsen asked if the City could ask for a waiver of the EIS from the Environmental Quality Control Board. The City Attorney stated that if the Council is going to consider Pelican Point. they need the Shoreland Management Ordinance in place. The City Manager stated that he tried to explain to the DNR that the Zoning Ordinance already does alot of what is included in the Shoreland Management Ordinance but is not called that. He further stated that the Mound has been within one unit of needing this ordinance in place twice (Chapman Place and the Lost Lake development) recently. 37 February 26~ 1985 The City Attorney stated that if a Shoreland Management Ordinance is not in place and the development of over 30 units then the Environmental C2uality Control Board can require the developer to submit an EIS. Councilmember Peterson suggested that the Council ask the Planning Commission to study this further and submit their recommendations because certain parts of the model SMO are in definite conflict with the Zoning Ordinance. Councilmember Jessen stated that after reading the material she feels the DNR was trying to cover small towns that have no development around their lakes and that this ordinance would not work for towns like Mound. Mayor Polston stated that the problem is we are two weeks away from a public hearing on Pelican Point and we don't have any answers for the developers. The Council agreed this is a The City Attorney reminded the Council that the first issue of Pelican Point will be the rezoning w hick takes 2/3rds or ~/5ths of the Council to adopt and if the rezoning is not approved there is no further issue. To change the zoning of an area requires that the_Council make a finding that there was a mistake in zoning when the zoning ordinance was passed or there has been a change in the circumstances of the property. Councilmember Jessen stated that she feels that w hen the zoning was done it was on what was there and that we cannot use an ol.d use for the present proposal. Councilmember Peterson stated that he thinks if the property is used an single family residential the developer would have difficulty selling homes that would abut Lakewinds Condos. The Council discussed having the DNR come out to meet with the Planning Commission and the City Council on the Shoreland Management Ordinance and referring the ordinance to the Planning Commission for further .study. The City Attorney suggested that the Spring Park Ordinance looked the best far a model with regard to substandard lots. The Council asked the City Manager to give the Planning Commission the Shoreland Management Ordinance material let them study it and then set up a joint Planning Com missionlCou~ncil Meeting and invite the DNR to give their presentation. 38 February 26 , 1985 LICENSE RENEWALS: CIGARETTE LICENSES. GARBAGE HAULERS LICENSES, AND BINGO PERMIT The following licenses expire on February 28, 1985. All have applied for renewal. Cigarette Licenses Al & Alma's Supper Club American Legion 4398 Ben Franklin Bob's Bait Shop Donnies of the Lake, Inc. . Duane~s 66 Getty Oil Co. Grimm~s Store Martin & Son Boat Rental . Meyers Mound Service Mound Lanes Mound Municipal Liquor Store Mound Superette PDQ Food Stores of MN., Ine. C2uast Vending/Mobil Station Stevens Market (new store) Super America Station Snyder Drug Mound Super Valu (2 months) Garbage Haulers Blackowiak & Son Dependable Services Westonka Sanitation Woodlake Sanitary Service. Village Sanitation, Inc. Bingo Permit Mound Fire Dept. for March 26, 1985,,7:00 to 10:00 P.M. Jessen moved and Peterson seconded a motion to authorize the issuance of the above Cigarette and Garbage Haulers Licenses and the Bingo Permit as presented. The vote was unanimously in favor. Motion carried. PROCLAMATION• MARCH 3-10. 1985, VOLUNTEERS OF AMERICA WEEK The Mayor explained that he has received a request from the Volunteers of America to proclaim March 3-10, 1985, as Volunteer's of America Week, com memorating the founding of the organization on March 8, 1896. Paulsen moved and Smith seconded the following proclamation: RESOLUTION #85-26 PROCLAIMING MARCH 3-10~ 1985. AS VOLUNTEERS OF AMERICA WEEK IN THE CITY OF HOUND The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS The bills were presented for consideration. Paulsen moved and Jessen seconded a motion to approve the bills as presented on the pre-list in the amount of 39 ' February 26. 19$5 t 1 17 ~ 173.33. when funds are available. A roll call vote was unanimously in favor. Notion carried. SET DATE FOR PUBLIC HEARING ON THE APPLICATION FOR CONDITIONAL USE PERMIT TO OPERATE A MAJOR AUTO REPAIR BUSINESS AT 1632 COMMERCE BLVD. - PID #13-117-2~ 22 0016 Jessen moved and Paulsen seconded a motion to set March 19. 1985. of 7:30 P.M, for a public hearing on an application for a Conditional Use Permit to operate a major auto repair business at 1632 Commerce Blvd. The vote was unanimously in favor. Motion carried. EXTENTION OF RESOLUTION #83-23 FOR ONE MORE YEAR The City Manager explained that he had forgotten to bring this before the Council at the last meeting. Mr. Helland has requested a one year extention of Resolution ~~83-23 until February 15~ 198b. The Staff recommends approval. Paulsen moved and Peterson seconded the following resolution: RESOLUTION #85-27 RESOLUTION GRANTING ANOTHER ONE YEAR EXTENSION OF RESOLUTION #83-23 The vote~was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Letter of resignation of Chris Bollis. Park Director. Councilmem ber Jessen stated that he will be sorely missed and that she has enjoyed working with him over the past few years. The Council agreed. B, Letter of resignation of Officer Bill Roth. The Council expressed regret that he was leaving the City's employ. C, Gambling Report from American Legion Post 398. D. Listing of Property sales thru February1. 1984, from the County Assessors Office. E. Donation from Helen Skaret from the Gift Catalogue. Peterson moved and Paulsen seconded a motion to thank Mrs. Helen Skaret for her contribution of # 100.00 for a tree from the Gift Catalogue. The vote was unanimously in favor. Motion carried. Councilmem ber Jessen stated that this contribution was given in memory of Mrs. Skaret's Father who managed a restaurant in Mound at one time. ~+o February 26, 1985 F. Article on IRB Bond Issue. G. Minutes of Planning Commission Meeting 2/11/85. H. Letter from Hickok & Associates to MWCC. I. Letter from Gen Olson regarding wine in grocery stores. J. Leaf Composting Information. K. Twin Cities Labor Market Information - February 1985. L: 1985 Legislative Program Regional Transit. Paulsen moved and Peterson seconded a motion to adjourn at 9-:05. P.H. The vote was unanimously in favor. Notion carried. ~~~~ n Elam City Manager Fran Clark City Clerk 81LLS---------FEBRUARY 26, 1985 Computer run check register 2/15/85 page 3 10,292.72 Computer run check register 2/21/85 page 9 106,880.61 Total Bills 117,173.33 n ~d. ~~ ~;