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