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1985-07-23152 July 23, 1985 MINUTES REGULAR COUNCIL MEETING JULY 23, 1985 The City Council of Mound, Hennepin County, Minnesota, met in regular session on July 23, 1985, at 7:30 P. M. in the Council Chambers at 53+1 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen, Gary Paulsen, Russ Peterson and Steve Smith. Also present were: City Manager Jon Elam, City Attorney Curt Pearson, City Planner Mark Koegler, Building Inspector Jan Bertrand, and the following interested citizens: Steve Pauly, Todd and Kimberly Yilek, Aaron Applequist, Mary Pacholke, Greg Gustafson, Scott Anderson. The Mayor opened the Meeting and welcomed the people in attendance. He then asked that 2 items be added to tY~e Agenda tonight. 1. A public hearing on accessory apartments in single family residential districts. 2. Report from the Hennepin County Health Dept. concerning Captain Billy's Restaurant. MINUTES The Minutes from the-July 9, 1985, Regular Council Meeting were presented for consideration. The City Attorney asked that the Council continue these Minutes until the next meeting in order to allow Jim Larson (City Attorney at the July 9th Meeting) time to review them. MOTION made by Councilmember Peterson, seconded by Councilmember Jessen to continue the Minutes of the July 9, 1985, Regular Meeting until the August 13, 1985, Regular Heeting. The vote was unanimously in favor. Motion carried. SASE #85-432: AARON_M. APPLEQUIST &_MARY J._ PACHOLKE, 2624 WESTEDGE BLVD., HOUSE SIZE VARIANCE TO DO STRUC- TURAL REPAIRS The Building Inspector reported on the structural modifications that would be needed on this undersized home. .She further explained that according to the Zoning Ordinance a nonconforming structure can have modifications worth up to 50~ of the fair market value of the structure. The building is currently valued at $5,00. The listed modifications that she listed on June 28, 1985, would exceed 50~ of the value.. Therefore, she recommended that the Council declare the building unsafe and proceed to have it removed. 153 July 23, 1985 The applicants, Mr. Applequist and Ms. Pacholke, were present asking that the Council grant them a variance and give them tim e to repair the unsafe conditions and bring the building into conformance with the zoning and building codes. They submitted a petition signed by 90 persons asking that the applicants be granted a building permit and variance. MOTION made by Nayor Polston, seconded by Councilmember Paulsen directing the City Attorney and the Building Inspector to prepare a resolution, setting down facts of what has to be done to bring the building into conformance, and also that the applicants provide a bond or letter of credit to have the work done within 2 years. This resolution to be brought back to the City Council for approval at the next meeting, August 13, 19$5. The City Attorney asked the applicants if they were the fee owners of the property. The applicants stated no, they are buying on a Contract for Deed from an estate. The City Attorney pointed out that the people from the estate would also have to agree. He further stated that in his opinion, enforcement of a bond or letter of credit of this type would be difficult. The City Attorney asked if the applicants intended to live in the unsafe structure as they made improvements. The applicants stated yes and they would be willing to sign a waiver not to hold the City liabel for their safety. The Council asked that the safety improvements be the applicant's first priority for improvements. The Building Inspector will prioritize these in the resolution. The Council also asked that the applicants work with the Building Inspector. The vote on the original motion was unanimously in favor. Motion carried. Councilmember Smith suggested that the Planning Commission look at an ordinance to inspect homes for code violations of sufficent notice to require condemnation when they are placed for sale. The Mayor suggested that the Staff research this instead of the Planning Commission. Councilmember Smith agreed. The Council agreed that this would be a good thing to look into. BLUE LAGOON MARINA, STEVE PAULY The City Manager explained that there was not enough publication time for a public hearing at this m eeting, but that Mr. Pauly is present to answer the Council's questions. The official public hearing to consider revocation of Mr. Pauly's Conditional Use Permit at 5542 Lynwood Blvd. will be held August 13, 1985. 154 July 23, 1985 Mr. Pauly stated he has read the letters from the residents of Edgewater Drive. He stated that it was his understanding that as long as he operated the facility on Edgewater Drive (previously Martin & Sons) as it had been operated in the past, there would be no problem. He contended that he is doing nothing more than what Dick Martin did at the site. He further stated that he would bring Diek Martin and his mechanics in for the August 13, public hearing to prove this. The Council discussed the Edgewater Drive site as it related to the B-2 zoning district and its nonconforming use. Mr. Pauly left. Some of the residents near the Edgewater site reiterated their concerns and problems as they were written in the letters to the Council. No action was taken. PUBLIC HEARING: AMENDMENT OF SECTION 2~.640.~ TO ESTABLISH PLAN- NED INDUSTRIAL AREA (PIA) BY CONDITIONAL USE PERMIT. The City Planner explained that the Planning Commission has been reviewing and considering this PIA for some time. Exhibit 1 is the draft that the Planning Commission reviewed and recommended. After the last Planning Commission Meeting the City Attorney and the City Planner sat dow n and the City Attorney pointed out som e problems with Exhibit 1. Thus, Exhibit 2 was drafted. He pointed out that the real distinction between Exhibit 1 and 2 is that ~2 puts in more specific permitted uses and more language into the ordinance rather than the Conditional Use Permit. If Balboa came in with a use not listed in ~2, then the ordinance would provide a new catagory known as an Operations Permit. Since it would not be called a Conditional Use Permit, a public hearing w ould not be required (as is required under State Statute). This w ould streamline the process and cut down on the time required for publication and hearing time. But he further stated that it would not eliminate a public hearing if the Planning Commission and the City Council felt there was a need to hold one. It is only an option. Exhibit ~1 put the weight on the Occupancy Permit and the Staff to make a determination of the appropriateness of a particular business. The Mayor opened the Public hearing and asked if there was anyone present who wished to speak for or against the amendment to the Zoning Ordinance. GREG GUSTAFSON, attorney for Balboa Minnesota Co., stated that he could live with either Exhibit being adopted and agreed with the Gity Attorney that Exhibit #2 was probably a better approach. 155 July 23, 1985 MAYOR POLSTON stated that he favored Exhibit 2 because he felt this is a legislative action and did not want to put a burden on the Staff to decide for one business or against another. The City Attorney explained that Exhibit ~2 protects both the City and the applicant. TOH REESE, Planning Commission Member, stated that the Planning Commission reviewed both Exhibits and their concern with Exhibit ~2 was that the SIC Code is too broad to adopt as it is in Exhibit ~2. The City Planner went over a number of SIC items that could be deleted from the proposed ordinance amendment. The Council discussed changing the language in Section 23.650.7, subd. 2. to read "Approval of a planned industrial area operations permit shall be by the City Council after review and recommendation by the City Planning Staff!'. The Mayor closed the Public Hearing. MOTION made by Councilmember Smith, seconded by Councilmember Peterson directing the City Planner to review Exhibit #2 with the Staff, Balboa and Planning Commission members, working out the permitted uses in the Operations Permit, and bringing the draft back to the Council for final action on August 13, 1985. Also adding grounds for Staff denial of Operations Permit. The City Attorney explained the difference between a Conditional Use Permit and an Operations Permit. Discussion on Section 23.650.7, subd. 1 of Exhibit 4~2. Discussion on both Exhibits and controls of each. The vote on the original motion was unanimously in favor. Motion carried. PUBLIC HEARING• ON APPLICATION FOR CONDITIONAL USE PERMIT TO ESTABLISH PIA AT 5~00/5~~0 SHORELINE BLVD The City Planner stated that the Conditional Use Permit Applicaton of Lunalite, Inc. is not before the Council this evening. NOTION made by Mayor Polston, seconded by Councilmember Smith to continue this item to the August 13, 1985, Regular Meeting and the Staff will take an application for this Conditional Use Permit for consideration at that time. The vote was unanimously in favor. Motion carried. 156 July 23, 1985 ZONING__ORDINANCE AMENDMEN The City Manager gave the background of this item. A small subcommittee of the Planning Commission was to study this. They did and did not come up with a plan. Mr. Kevin Norwood has asked fora public hearing on this to present his case to amend the R-1 zoning district to allow accessory apartments. Mr. Kevin Norwood gave the background from a previous meeting. He stated that the accessory apartment in his home was rented out by the previous owner. Mr. Norwood stated he was able to purchase the home based on the rental of the accessory apartment. He and his father's feeling is that the City has many of these accessory apartments and needs to deal with the problem. The City Attorney stated accessory apartments are not allowed to exist under the current Zoning Code and if Mr. Norwood would like to give the City Staff all names of people he knows of having these apartments, the City will deal with those people the same as they have with him. The City Manager stated the issue is, does the Council want to modify and broaden the Zoning Code to allow accessory apartments in the R-1 district. The consensus of the Council was that they did not want to do this. The Mayor closed the public hearing. MOTION made by Councilmember Peterson, seconded by Mayor Polston that the residential districts in the Zoning Ordinance will remain as they are and no changes will be made as a result of this public hearing. The vote was unanimously in favor. Motion carried. BILLY~S RESTAU The City Manager explained that the County Health Dept. has reinspected Captain Billy's and have submitted a letter to the City stating that they did not find any immenent health hazards in the restaurant as of July 19, 1985. Mr. Alexander was present and explained some of the problems he has had with the County Health Dept. No action was taken on this item. rnMMEKTS ~ SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there was anyone present who had comments or suggestions for the Council. Larry Connolly, Hazelwood Lane, asked when his street was going to be repaired. The City Manager stated as soon as the 157 July 23 , 1985 contractor who is in charge of the job can get it done, which should be within the week. LICENSE APPLICATIONS MOTION made by Mayor Polston, seconded by Councilmember Peterson to authorize the issuance of a Charitable 3.2 Beer License and a Public Dance License to Our Lady of the Lake Catholic Church for August 3 and 4, 1985. The vote was unanimously in favor. Motion carried. REQUEST FOR PAYMENT - YOLK TRUCKING & EXCAVATING - CAMBRIDGE .STORM SEWER MOTION made by Councilmember Paulsen, seconded by Councilmember Peterson to approve the payment of $4,892.60 to Volk Trucking ~ Excavating Company for the installation of the Cambridge Road storm sewer. The vote was unanimously in favor. Motion carried. RFO[IFST FOR PAYMENT - YOLK TRUCKING & EXCAVATING - PORT HARRISON TOWNHOMES MOTION made by Councilmember Peterson, seconded by Councilmember Paulsen to approve the payment of $4,690.04 to Volk Trucking ~ Excavating Company for the sanitary sewer and watermain extensions at the Port Harrison Townhomes. The vote was unanimously in favor. Motion carried. 198 MET COUNCIL POPULATION FIGURES FOR MOUND The City Manager reported according to this report Mound is the 8th fastest growing City in Hennepin County (out of 47 cities). He stated that if the City keeps growing at this rate it should reach the 10,000 mark by 1987 or 1988. BASS FISHING CONTEST AUGUST 25, 1985 NOTION made by Councilmember Smith, seconded by Councilmember Paulsen to approve the Bass Fishing Contest on August 25, 1985, from 5:30 A.M. to 3:00 P.M., adjacent to Mound Bay Park, but prohibiting the use of loudspeakers. The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING• AMENDMENT TO SECTION 23 412 2(5) STANDARDS ~ REGULATIONS FOR PLANNED DEVELOPMENT AREA (PDA) MOTION made by Councilmember Jessen, seconded by Councilmember Peterson to set August 27, 1985, at 7:30 P.M. for a public hearing to consider an amendment to section 23.412.2(5) of the Mound Zoning Code setting standards and regulations for Planned Development Area (PDA). The vote was unanimously in favor. Motion carried. 158 July 23, 1985 APPROVAL OF SPECIFICATIONS FOR 1985 DEPOT REMODELING ~ SET DATE FOR BID OPENING The City Manager explained that the Park Commission has recommended approval of the specifications submitted for the 1985 Depot remodeling project. MOTION made by Councilmember Paulsen, seconded by Councilmember Peterson to approve the specifications for the 1985 Depot remodeling and setting August 8, 1985, at 10:00 A.M. for the bid opening for this project. The Council asked that a completion date be put into the specifications so that is might be done this Fall. The vote was unanimously in favor. Notion carried. PAYMENT OF BILL The bills were presented for considertion. MOTION made by Councilmember Jessen,-seconded by Councilmember Paulsen to approve the payment of bills as submitted on the pre-list, in the amount of $110,366.87, when funds are available. A roll call vote was unanimously in favor. Motion carried. TUXEDO BLVD. SAFETY PROJECT The City Manager explained that because this project is being done with M.S.A. funds the Council needs to pass a resolution agreeing to parking restrictions on Tuxedo Blvd., between Dorchester Road and Lamberton Road. Peterson moved and Jessen seconded the following resolution: RESOLUTION #85-84 RESOLUTION ADOPTING AN AGREEMENT RELATING TO PARKING RESTRICTIONS ON TUXEDO BLVD. BETWEEN DORCHESTER ROAD AND LAMBERTON ROAD The vote was unanimously in favor. Motion carried. A. Invitation for Council to LMCD Boat Trip. B. Letter from Hickok & Associates re: Water Tower. C. AMM Committee Openings. D. Report from MTC Regarding Route 51 Bus Route. E. 1985 Elected Officials Salary Survey. 159 July 23, 1985 F. Letter from Community Health Dept. G. Letter from LMCD Regarding Parking. H. Status Report - Comparable Worth Study. I. Watershed District Agenda - July 18, 1985. J. Watershed District Minutes - June 20, 1985. K. Farmers Market Announcement. L. &. M. News Story - Wall Street Journal. N. Solid Waste Update - Dept. of Environment & Energy. 0. Metro Council Review - June 28, 1985. P. AMM Newsletter - June. Q. LMCD Letter re: Surf side. R. Letter from Hennepin County Board re: for Community Action Agency Board. S. Letter from Brian Johnson re: Improvements. Seeking Applications Tuxedo Blvd. Safey T. Hennepin County Solid Waste Management Advisory Committee Minutes - April 2~ thru July 10, 1985. U. News Clipping - Wall Street Journal. CONTEL DISCUSSION The City Manager presented the hearing notice and the proposed question that has been prepared by City Attorney Jim Larson. The City Attorney, Curt Pearson, stated that he has no problem with the hearing notice, but he would like to review the question with Jim Larson because it is not really a question. MOTION made by Mayor Polston, seconded by Councilmember Smith directing the Staff (City Manager and City Attorney) to prepare a feasibility study on whether or not it is feasible for the City to condemn Contel, getting costs, etc., and answers to certain questions before the public hearing on August 13, 1985. If the study is not complete by the hearing date, then the Council can continue 'the public hearing until it is complete. There was Council discussion on various approaches, costs, timing, etc. 160 July 23, 1985 The vote was unanimously in favor. Motion carried. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to adjourn. The vote was unanimously in favor. Motion carried. J n Elam, City Manager v~ Fran Clark, City Clerk BILLS----------JULY 23, 1985 Computer run dated 7/18/85 Batch 854071 78,034.41 Batch 854072 22,748.76 100,784.17 Volk Trucking ~ Excavating 4,892.60 Volk Trucking ~ Excavating 4,690.04 TOTAL BILLS 110,366.81