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1985-04-23April 23, 1985 MINUTES REGULAR COUNCIL MEETING APRIL ~ 1985 The City Council of Mound, Hennepin County, Minnesota, met in regular session on April 23, 1985, at 7:00 P.M. in the Couneil Chambers at 531 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen, and Steve Smith. Councilmembers Gary Paulsen and Russ Peterson arrived at 7:15 P.M.' and 7:35 P.M, respectively. Also present were: City Manager Jon Elam, City Attorney Curt Pearson, City Planner Mark Koegler, City Engineer John Cameron, City Clerk Fran Clark and the following interested citizens: Jim Nordby, Audrey Evens, Eugene Schlee, Kerry Peterson, and the following Cam p Fire Girls: Julie Nelson, Krista Barthel, Katie Richards, Heidi Brynteson, Sarah Hawkins, Annie Swanson, Angela Yorks, Kelli Cunnington, Emily Peterson, Darcy Huhgren, Larissa Miller, Shannon Drahos> Johanna Schussler, Carmen Howard. The Mayor called the meeting to order, welcomed the people in attendance and introduced the Camp Fire Girls. Councilmember Paulsen arrived. The Camp Fire Girls lead the Pledge of Allegiance. They then presented the Council with a friendship cake to celebrate the Cam p Fire Girls 75th Anniversary. The Council thanked the girls for coming. Councilmember Peterson arrived. MINUTES The Minutes from the April 9, 1985, Regular Meeting were presented for consideration. Councilmember Smith made a correction on page 65, second paragraph, "plot" should be changed to "plod". MOTION was made by Councilmember Jessen. seconded by Councilmember Smith. to approve the minutes of the April 9. 1985. regular Council meeting as corrected. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS FOR APRIL The Mayor opened the Public Hearing and asked if there was anyone present who wished to speak with regard to a delinquent utility bill. No one responded. The Mayor closed the Public Hearing. 7~ April 23. 1985 The City Manager reported that the amount has been reduced to ~1 X399.17. Paulsen moved and Jessen seconded the following resolution: RESOLUTION #85-47 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS FOR APRIL IN THE AMOUNT OF #1.399.17 AND AUTHORIZING THE STAFF TO SHUTOFF WATER SERVICE FOR THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. PUBLIC HEARING- APPLICATION FOR SUBDIVISION OF LAND FOR 4 UNIT TOWNHOUSES IN THE 1700 BLOCK OF COMMERCE BLVD.. PORT HARRISON The City Manager explained that the Planning Commission has recommended approval with conditions as specified in the proposed resolution. The Mayor opened the Public Hearing and asked if there was anyone present who wished to speak for or against the subdivision. No one responded. The Mayor closed the Public Hearing. The City Engineer stated that he would recommend adding item 12 to the conditions. This would state that the developer of Port Harrison be responsible for bringing the water and sewer from point A on their property to the property line of Mr. Nelson. From there Mr. Nelson has stated he would like the City to install the service to his property and assess the costs back to him. This would allow Mr. Nelson to eventually develop his property also. The Council discussed this and the City Attorney stated that the City would need a petition from Mr. Nelson. as owner of the adjacent property stating that he would waive the public hearing on the improvement and that he agrees to pay the costs of installation of the sewer and water. The Council directed the City Engineer and the City Attorney to work that out and bring it back to the Council for consideration. Paulsen moved and Jessen seconded the following resolution: RESOLUTION #85-48 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PORT HARRISON AND ADDING ITEM #12 TO THE CONDITIONS The vote was unanimously in favor. Motion carried. 75 April 23, 1985 CASE #85-420• KERRY PETERSON, 4789 NORTHERN ROAD, W 1!2 OF LOTS 1 ~ 32, SKARP & LINDQUIST'S RAVENSWOOD, LOT SIZE, EXISTING SETBACK, ZONING DISTRICT The City Manager explained that Mr. Peterson had applied in 1979 for a variance to construct a garage which was denied. He then put up a carport and eventually closed the carport in. He is now encroaching on his neighbors property with a wall of the carport. He has now applied for variances to construct a garage/carport, fence, deck and a second story addition. The City Planner explained that this property is zoned B-2 along with other property in that area and the ultimate intent of the zoning ordinance is for the subject property and the surrounding parcels to become business uses rather than residential uses. Therefore, the Mound Zoning Ordinance severely limits alteration or expansion of the existing use. The Staff recommendation is to approve the variance for the carport but deny the variance to expand the existing house. The expansion of the home would increase the bulk of the building which is prohibited by the ordinance. ' Paulsen moved and Peterson seconded the following resolution: RESOLUTION #85-49 RESOLUTION TO CONCUR W ITH THE PLANNING .COMMISSION RECOMMENDATION TO APPROVE A VARIANCE OF LOT SIZE, SETBACK AND TO RECOGNIZE A NONCONFORMING USE OF PROPERTY AT 4798 NORTHERN ROAD, WEST 1/2 OF LOT 27, SUBDIVSION OF LOTS 1 AND 32 SKARP AND LINDQUIST'S RAVENSWOOD, PID #18-117-23 33 0026 The vote was unanimously in favor. Motion carried. REVIEW SUBDIVISION REQUEST FOR LOTS Z1 ~ 22, BLOCK 2, 1/2 VACATED ALLEY, SHIRLEY HILLS UNIT F, 5200 BLOCK OF EDEN ROAD, EUGENE SCHLEE The City Manager reported that the townhouses are now built and the developer would like to have a final subdivision of the parcels into 8 separate -tax parcels, one for each townhouse unit. Peterson moved and Paulsen seconded the following resolution: RESOLUTION #85-50 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND APPROVE THE FINAL SUBDIVISION OF LAND FOR LOTS 21, 22, 23, 2~F, BLOCK 2, 1/2 OF VACATED ALLEY, SHIRLEY HILLS UNIT F, PID #13-117-24 34 0034/0035/0036/0037 (5200 BLOCK OF EDEN ROAD 76 April 23, 1985 The vote was unanimously in favor. Motion carried. REQUEST FOR COMMONS MAINTENANCE-PERMIT BEHIND 1546 BLUEBIRD LANE The City Manager reported that Mr. David Kunz, 15.46 Bluebird Lane has asked to be allowed to build a staircase leading down the bank to the dock on the Commons adjoining his property. The Park Commission has reviewed this and recommended approval. Jessen moved and Paulsen seconded the following resolution: RESOLUTION #85-51 RESOLUTION APPROVING THE INSTALLATION OF STAIRS BEHIND 1546 BLUEBIRD LANE ON THE COMMONS The vote was unanimously in favor. Motion carried. COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if anyone wished to make a comment or suggestion to the Council. There were none. REVIEW SEAL COAT BIDS The City Manager explained that the bids were received on April 19, 1985, for the 1985 Seal Coat Program. They were as follows: 1. Allied Blacktop Co. X30,180 2. Buffalo Bituminous $31,875 3. Preferred Paving, Inc. $33,075 4. Minnesota Roadways $33,300 5. Bituminous Roadways $36,165 The Staff is recommending approval of the bid from Allied Blacktop Co. in the amount. of $30,180. Paulsen moved and Peterson seconded the followin resolution: RESOLUTION #85-52 RESOLUTION APPROVING THE BID OF ALLIED BLACKTOP CO. IN THE AMOUNT OF X30 ~ 1 80 FOR THE 1985 SEAL COAT PROGRAM The vote was unanimously in favor. Motion carried. AMENDMENT TO WATER & SEWER CHAPTERS IN THE CITY-CODE The City Manager explained that the Utility Superintendent has requested the the ordinances dealing with sewer and water be amended to read as follows: 1. Each single family dwelling and each unit in a duplex, twin home, double bungalow and townhouse will have its own 1" water service tapped directly to the main.. If 77 April 23. 1985 there is an existing 3/~4" service to-the lot that may be used for 1 unit only. Any future water services tapped to the city water main will be 1" minimum in size. 2. A 1" minimum water service for commercial buildings with less than 1500 square feet of floor area. Any building with 1500 square feet or more of floor area will be required to have a minimum of 1 1/2" water service. 3. Each single family and each unit in a duplex. twin hom e double bungalow and townhouse will have its own ~4" minimum sewer line connected to a ~4" minimum stub that is connected to the city's trunk line. ~+. Water shutoff and sewer cleanouts will not be located in driveways. The City Manager stated this will only affect new construction not present homes or businesses. MOTION was made by Councilmember Paulsen. seconded by Councilmember Smith to direct the City Attorney to prepare an amendment to the City Code incorporating the above recommendations for water and sewer services. The vote was unanimously in favor. Motion carried. RENEWAL OF VARIOUS LICENSES The following licenses are up for renewal: Off-Sale Beer Stevens Market Gambling (to be extended to June 1. 1985) Northwest Tonka Lions Tree Removal (~4-1-85 to 3-31-86) Lutz Tree Service The following licenses are for 5-1-85 to 4-30-86. Bowling Mound Lanes - 8 Alleys Pool Table Captain Billy's - 2 tables VFW ~~5113 - 1 table Juke Box American Legion 4398 - 1 Donnie's on the Lake - 1 VFW ~k5113 - 1 78 April 23~ 1985 Games of Skill Al & Alma's - 1 Captain Billy's - 2 Donnie's on the Lake - 3 PDC2 - 2 Restaurant Al & Alma' s American Legion ~~398 Captain Billy's Donnie's on the Lake Hardee's House of Moy Martin & Son Boat Rental Mound Lanes Pizza Factory VFW ~~5113 MOTION was made by Councilmember Jessen, seconded by Councilmember Peterson to authorize the issuance of the above stated miscellaneous licenses. The vote was unanimously in favor. Motion carried. - PAYMENT OF BILLS The bills were presented for consideration. MOTION was made by Councilmember Peterson, seconded by Councilmember Jessen to approve the payment of bills as presented on the pre-list in the amount of 1122,709,02, when funds are available. A roll call vote was unanimously in favor. Motion carried. BIDS SPRING CLEAN UP The City Manager reported that 2 bids for the Spring Clean Up were received. They w ere as follows: John H. Zueearo (Westonka Sanitation) ~3~675.00 Bernard Illies (Illies & Sons) $4649.00 MOTION was made by Councilmember Peterson and seconded by Councilmember Smith to approve the bid of John H. Zuccaro (Westonka Sanitation) for the Spring Clean Up in the amount of 13,675.00. The vote was unanimously. in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Article on Strategic Planning. B. Minutes of March 21, 1985, Minnehaha Creek Watershed District. 79 April 23, 1985 C. Minutes of April 2, 1985, Minnehaha Creek~Watershed District. D. Agenda April 18, 1985, Minnehaha Creek Watershed District. E. Annual Report - Minnehaha Creek Watershed District. F. Met Council Priorities Handout. G. Final 1984 LMCD Report. H. Ehler & Associates Financial Newsletter. I. Letter from Mr. & Mrs. Rod Pitch regarding the installation of a satellite dish on Commerce Blvd. J. Article on Continental Telephone raising their rates again. Mayor Polston asked the City Manager for an update on the economic development in Mound. The City Manager reported that there are a number of businesses looking at the Tonka Building for space. That is up to Balboa. They have hired an architect to design a new front for the building. Balboa will be hosting a reception in May at the Lafayette Club to bring all the commercial real estate people in for their presentation. They plan on designing a booklet about the buildings and the community. Town Square is moving i'orward. The City Attorney stated the developers are putting the final touches on a Redevelopment Agreement. Both the City Attorney and the City Manager will keep' the Council updated as things happen. SATELLITE DISHES The Council discussed the letter from Mr. & Mrs. Pitch regarding the satellite dish being installed on Commerce Blvd. Mayor Polston stated that he does not want to get into regulating on private property. He asked if the satellite dishes could be dealt with under the existing zoning code as an accessory structure. The City Attorney stated a satellie dish is not identified in the zoning ordinance, which means it is not a permitted use, therefore it is not permitted at this time. The Council directed the Staff and the City Planner to study and bring back to the Council something including satellite dishes as a permitted use under Accessory Structure. Councilmember Jessen stated she would like to see the proposed amendment to the zoning ordinance that was presented at the last meeting passed including the restrictions as they were stated. 80 April 23 , 1 985 DRAINAGE PROBLEM BETWEEN BEACHWOOD ~ EVERGREEN Councilmember Paulsen stated that he has been contacted by a number of people living in that area who are complaining about the depth of the pond there. The City Manager explained that he had been out there today and met with the neighbors about the problem. There will have to be further investigation to see what can be done about the problem, but so far the following has happened: The pond was there first. The storm sewer came next. The connection of the pond to the storm sewer was last. The City Engineer will check this problem out and see what can be done and will report back. CERTIFICATE OF APPRECIATION The City Manager reported that and City Personnel have received of the Hennepin County. Community the City of Mound, City Manager this Certificate from the Staff Services Volunteer Program. SIGN ORDINANCE AMENDMENT Councilmember Smith stated that he di°d not realize when the sign amendment was passed awhile back that Section 3.09 (Temporary Signs), subdivision 5, (c) had the following language: "No signs shall be placed within the public way nor shall they be attached to any telephone poles or light standards." MOTION was made by Councilmember Smith, seconded by Mayor Polston to reconsider amending Section 3.09, subdivision 5, (c) deleting the following, °nor shall they be attached to any telephone poles or light standards°. The Council discussed this issue in detail. A roll call vote on the motion Was 2 in favor, with Councilmembers Jessen and Paulsen voting nay and Councilmember Peterson abstaining. Motion failed. MOTION was made by Councilmember Paulsen, seconded by Councilmember Smith to adjourn at 9:00 P.M. The vote Was unanimously in favor. Motion carried. ~/~,c"~ C~J~ Fran Clark, City Clerk c~~ o Elam, City Manager BILLS--------APRIL 23, 1985 Computer run dated 4/16/85---Batch 854037 Computer run dated 4/18/85---Batch 854041 " Batch 854042 TOTAL BILLS c 38,430.27 65,374.50 18,904.25 122,709.02 l'~