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1985-08-27176 August 27 , 1985 MINUTES REGULAR COUNCIL MEETING AUGUST 27, 1985 The City Council of Mound, Hennepin County, Minnesota, met in regular session on August 27, 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 Paulsen, and Steve Smith. Councilmember Russ Peterson was absent and excused. Also present were: City Manager Jon Elam, City Attorney Jim Larson, City Planner Mark Koegler, Building Inspector Jan Bertrand, Police Chief Len Harrell, City Clerk Fran Clark and the following interested citizens: Richard Shedd, Bette Sather, Craigh & Cheryl Thompson, Aaron M. Applequist, Mary Paeholke, Craig Johnson, John McKinley, Lou Derner, Bill & Dorothy Netka, Ed Lynch, Mike Schulz, Charles Rye, Mike Netka. The Mayor opened the meeting and welcomed the people in attendance. Councilmember Phyllis Jessen stated she would like to commend the American Legion Baseball Team f or their efforts in the National Tournament. Mound is proud of them and she would like to offer the following motion: MOTION made by Councilmember Jessen, seconded. by Councilmember Paulsen to name Friday, August 30, 1985, as Mound American Legion Baseball Team day in the City. The vote was unanimously in favor. Motion carried.. Mayor Polston stated he would like to express that it has been very special to him to have worked with Jon. Elam. He has done a terrific job, especially in economic development throughout Mound. He wished him luck in the future and thanked him for his efforts in Mound as City Manager. MINUTES The Minutes from the August 13: 1985, Regular Meeting were presented for consideration. Councilmember Smith asked that the word "notice" in the second paragraph on page 2196 be replaced with the word "number". MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to approve the Minutes of the August 13, 1985, Regular Meeting, as amended. The vote was unanimously in favor. Motion carried. 177 August 27, 1985 PUBLIC HEARING: DELINQUENT UTILITY BILLS FOR AUGUST The City Manager stated that the revised amount is $4,329.53• The. May or opened the public hearing and asked if there was anyone present who wished to address the Council regarding a delinquent utility bill. No one responded. The Mayor closed the public hearing. Paulsen moved and Jessen seconded the following resolution: RESOLUTION X85-94 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $x,329.53 AND AUTHORIZING THE STAFF TO SHUT-OFF T~TATER SERVICE FOR THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. PUBLIC HEARING: AMENDMENT OF SECTION 2.412.2 (5), STANDARD ~ REGULATION FOR PLANNED DEVELOPMENT AREA (PDA) The City Manager explained that this change does not change the density in any of the Zoning Districts. He further pointed out that when the new Zoning Code was typed for publication, the "s" was left off the word district. He presented the original ordinance, ~~373, and' showed the Council that in Section 22.065, subdivision b, point 6. that it read a follows: "All housing types included as premitted uses in the aforedeseribed district may be included in the P.D.A."... In order to restore the "s", a public hearing is required. The Mayor opened the public hearing. There were no comments. The Mayor closed the public hearing. Councilmember Smith asked how development such as Pelican Point. this amendment would allow such as hearing, but they would still ne which requires a public hearing, would still have to be-met. this change might affect a The City Manager stated that development without a rezoning red a Conditional Use Permit, and the density requirements The Planner stated this amendment is no different than most other communities have. The Council discussed Councilmember Peterson's absence and decided that he should be given the opportunity to vote on this item also. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to continue this public hearing until the September 10, 1985, Council Meeting. The vote Was unanimously in favor. Motion carried. 178 August 27, 1985 CASE X85-4~3: RICHARD SHEDD,. 222 NOBEL LANE, LOTS 8 & 9,. BLOCK ~., ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK FRONT YARD VARIANCE (9 FEET The City Manager explained that the applicant is requesting a 9 foot front yard variance to the Noble Lane right-of-way to allow the construction of a one story, 22 foot by 22 foot attached garage. The Planning Commission approved the Staff's recommendation for approval of the 9 ~`oot front yard variance due to the topography and natural forestation of the property with a condition that no future expansion be allowed without additional variance approval. Paulsen moved and Smith seconded the following resolution: RESOLUTION #85-95 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION FOR A SETBACK VARIANCE FOR LOTS 8 ~ 9, BLOCK 4, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK - PID X13-117-24 34 0003 (2223 NOBLE LANE) The vote was unanimously in favor. Motion carried. CASE X85-4~6• BETTER BATHER, 5841 GRANDVIEW BLVD , LOT 14 ~ 1/2 OF VACATED ALLEY, MOUND ADDITION, LOT SIZE VARIANCE The City Manager explained that the applicant would like to construct a single family dwelling on a parcel of 5,450 square feet, plus or minus, with conforming side yard setbacks of 6 and 10 feet, front yard of 30 feet and a rear yard exceeding 15 feet. The Planning Commission has recommended approval because the variance is within 10~ of the required 6,000 square foot lot area for the R-3 Zoning District. The Council heard objections to the granting of this variance from Craig Johnson, 5849 Grandview Blvd. and Mike Schulz, 5833 Grandview Blvd. The Council discussed the variance and decided that the r-equest meets 10~ of the required Iot size as granted others in the past and took the following action. Jessen moved and Paulsen seconded the following resolution: RESOLUTION #85-96 RESOLUTION TO CONCUR W ITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE LOT SIZE VARIANCE FOR LOT 14 AND ONE-HALF OF THE VACATED ALLEY, MOUND ADDITION, PID #14-117-24 14 0001 The vote was unanimously in favor. Motion carried. 179 August 27, 1985 CASE #85-5~7 & 438: CREIGH & CHERYL THOMPSON, 1959 SHOREWOOD LAN LOTS 15 , 16., ~ 17. ,, BLOCK 7 , SHADYWOOD POINT, SUBDIVISION ~ LOT SIZE VARIANCE The City Manager explained that the applicant is asking to be allowed to divide Lot 16 in half and combine the Northwesterly portion of .that lot with existing Lot 17 (which is owned by the State of Minnesota and is a tax forfeit lot). Mr. Thompson presently owns Lots 15 and 16. Parcel A would be 8,035 square feet and Parcel B would be 7,332 square feet. The area this subdivision is in is an R-1 Zoning District requiring 10,000 square foot lots, thus the lot size variance request. The Planning Commission recommended approval under the condition that the existing accessory building and principal building show n on Lot 15 be removed because of non-conforming setbacks and it is an undersized home (600 square feet). The Thompsons were present and did not agree with the removal of the structures because they are consistent with the rest of the neighborhood. The City Manager stated this is the same subdivision that was discussed several meetings ago that may have been improperly zoned R-1 and should have been R-2 to conform with existing conditions and lot sizes in the area. The Council discussed the problem of creating 2 non-conforming lots and took the following action. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to refer Shadywood Point subdivision to the Planning Commission for study on the possibility of rezoning the entire area so it would be consistent and contiguous with the neighborhood. The vote was unanimously in favor. Motion carried. MOTION made by Councilmember Paulsen, seconded by Mayor Polston to table action on the Case #85-437 & 438 until the Planning Commission study is completed. The vote was unanimously in favor. Motion carried. CASE X85-440: C. R. MFG., 540 SHORELINE BLVD., BLOCKS 5 ~ 6. SYLVAN HEIGHTS ADD~N TO MOUND, VARIANCE TO LOCATE COOLING TOWERS ON NORTH SIDE OF BUILDING The City Manager explained that C.R. Mfg. needs a setback variance for their cooling towers. The Planning Commission recommended approval of the variance if C.R. Mfg. gets approval from the railroad and if they install a cyclone fence around the towers. Councilmember Paulsen asked about noise from the fans in the tower s. The Building Inspector suggested that the Council could 180 August 27, 1985 put a restriction in the resolution approving the towers, but not allowing noise to exceed 65 decibles. The Council agreed. Smith moved and Jessen seconded the following resol~~tion. RESOLUTION #85-97 RESOLUTION TO CONCUR W ITH THE PLANNING COHISSION TO APPROVE A SETBACK VARIANCE FOR 5340 SHORELINE BLVD., PID #13-117-24 34 0006, WITH THE CONDITIONS STATED The vote was unanimously in favor. Motion carried. VARIANCE REQUEST 2624 WESTEDGE BLVD. - AARON APPLEQUIST ~ MARY PACHOLKE The applicants were present and presented their proposed resolution for this variance request. .Since the City Attorney just received their proposal, the Council decided not to take action at this time. MOTION made by Councilmember Smith, seconded by Councilmember Paulsen to table this item until the September 10, 1985, Council Meeting. The vote was unanimously in favor. Motion carried. LICENSE RENEWAL & ISSUANCE OF NEW LICENSES MOTION made by Councilmember Jessen, seconded by Councilmember Smith to authorize the renewal of a Set-Up License to Mound Lanes (license expires 6-30-86). The vote was unanimously in favor. Motion carried. MOTION made by Councilmember Paulsen, seconded by Councilmember Smith to authorize the issuance of a Tree Rem oval License to Bear Tree Service (Ken Berres), 4301 Oregon Ave. No., New Hope, MN. 55428. The vote was unanimously in favor. Motion carried. MOTION made by Councilmember Paulsen, .seconded by Councilmember Jensen to authorize the issuance of a Games of Skill License to Minnetonka Music, 2252 Commerce Blvd., Mound. The vote was unanimously in favor. Motion carried. COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there were any citizens present who wished to make comments or suggestions. There were none. CONTTNttATTON FROM FEBRUARY 12. 1985. REZONING FROM R-~ TO B-1. A The City Manager explained that this was continued because the Council wanted the Met Council to approve a Comprehensive Plan Amendment before action was taken on the rezoning. That has now been obtained and the action on the rezoning is now in order. 1 81 August 27 , 1985 Smith moved and Polston seconded the following ordinance: ORDINANCE # 484 ORDINANCE AMENDING THE CITY OF MOUND OFFICIAL ZONING MAP BY REZONING A CERTAIN PARCEL FROM R-3 RESIDENTIAL TO B-1 BUSINESS The vote was unanimously in favor. Motion carried. nTSCUSSION ON EXISTING CONDITIONAL USE PERMIT (RESOLUTION #78- 488), FOR CENTURY AUTO BODY, 55~~ SHORELINE BLVD. The City Manager submitted a letter he sent to Mr. Vic Cossette on August 2, 1985, regarding items that Mr. Cossette is now doing at the site which are not covered in his present Conditional Use Permit. Such items as exterior painting of boats, selling of boats, etc. He asked the Council for direction on what they want the Staff to do about the problems. The Council directed the Staff to have Mr. Cossette come in and apply for a new Conditional Use Permit which will cover his present operations. No other action was taken. SET-UP & ~ .2 BEER LICENSES. ~_ DANC1~PER~I~~~Q_g_ ~E POLICE SERVE1S DANC MOTION made by Councilmember Smith, seconded by Councilmember Jessen to authorize the issuance of Set-Up and 3.2 Beer Licenses and Dance Permit to the Mound Police Reserves annual dance on September 20 ~ 21 , 1985. The vote was unanimously in favor. Motion carried. CONSIDERATION OF CANINE PROGRAM FOR POLICE DEPARTMENT The Police Chief explained the canine program to the Council. There would be nominal costs of converting one of the old squads for use with a dog (approximately $200 to $500), dog food and veterinary bills (usually averaging less than $750 per year). Officer John McKinley has a trained dog named Mickey and would lease the dog to the City so the City's insurance company would be the carrier. They have spoken to the Cityts Insurance Agent, Earl Bailey, and there will not be any extra charge for covering the dog. Officer McKinley and Mickey were present and gave the Council a demonstration. MOTION made by Councilmember Smith, seconded by Councilmember Paulsen to implement the canine program as proposed and to have the Police Chief report back to the Council in 6 months on its progress. The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING ON ZONING AMENDMENT OF CONDITIONAL USE PROVISIONS OF SECTION 2~.6~5.~ TO ALLOW CONSIGNMENT/GIFT SHOP BY CONDITIONAL USE PERMIT 182 August 27, 1985 MOTION made by Councilmember Jessen, seconded by Councilmember Paulsen to set September 10, 1985, at 7:30 P.M. for a Public Hearing to consider a zoning amendment of conditional use provisions of Section 23.635.3 to allow consignment/gift shop by Conditional Use Permit. The vote was unanimously in favor. Motion carried. _APPLICATION TO HENNEPIN COUNTY REQUESTING US OF CDBG DISCRETIONARY FUNDS FOR A HANDICAPPED VAN - $8,000 The City Manager explained that Mound, Minnetrista, Orono, Spring Park, and St. Bonifacius have already committed $1,820 to the purchase of a handicapped van, but the cost is higher than what we have committed. The Westonka Seni-ors will own- the van and lease it to the school district for $1.00. The school district will then maintain the van and provide insurance. Therefore we would like to request additional money from Hennepin County~s CDBG discretionary fund for the money. The request is for an additional $8,000. MOTION made by Councilmember Paulsen, seconded by Councilmember Smith to authorize the submission of an application to Hennepin County for $8,000 from the CDBG discretionary funds for the purchase of a new handicapped van. The vote was unanimously in favor.. Motion carried. PETITION FOR LOCAL IMPROVEMENT LOTS 7-1~. BLOCK 16. THE HIGHLANDS ~ MR. LOU DERNER The City Manager explained that Mr. Derner is present and asking the City to approve a public improvement to install water, sewer and storm sewer to his proposed subdivision. The estimated cost of the improvement would be $70,000. The cost would then be assessed to the 5 lots in the subdivision. The Council discussed the proposal and decided they did not want to commit public funds for private developments. All other developers have had to install and pay for their own utilities and they did not want to set a precedent by changing the policy. No action was taken. DISCUSSION ON VARIANCE APPLICATION FROM GORDON WOLF, LOT ~9, BLOCK 1 '~,,,, SETON The Building Inspector w ent over her report on the property. The Council referred the matter back to the Planning Commission to work up a plan and written agreement with Mr. Wolf for upgrading the structure and bringing it into conformance with codes. If Mr. Wolf is not willing to do this then the Building Official will have to take the appropriate action to have the hazardous building removed. 183 August 24, 1985 LOST LAKE CHANNEL The City Manager explained that the City has received a petition from a number of residents on Bartlett Blvd. asking that the City acquire, through condemnation or purchase, the entrance to the Lost Lake .Channel, which is located on Lots 23 and 16, The Bartlett Place Upper Lake Minnetonka. They are asking this because they are concerned about the efforts of a resident at 5469 Bartlett Blvd. (next to the channel) to intimidate and generally discourage the use of the Channel. Mr. Bill Netka was present and stated that when his son and Charles Rye were attempting to clean out the bottom of the entrance to the channel, they were told by the resident at 5469 Bartlett that they were on private property and should not be trespassing. Mr. Ed Lynch, 5474 Bartlett, also stated that he had obtained the necessary permits to repair his seawall and when the barge came to repair it they were harrassed by the same resident. The City Attorney stated that he thinks the channel is public waters but would like to do some further checking on this. MOTION made by Mayor Polston, seconded by Councilmember Paulsen to refer this matter to the City Attorney for further study and bring it back to the September 2~F, 1985, Meeting. The vote was unanimously in favor. Motion carried. BALBOA PROPOSAL FOR PUBLIC WORKS FACILITY The City Manager explained that the proposal is for 19,489 square feet at $2.50 per square foot or an annual rent of $48,722.58 per year. This is on a triple net lease, taxes ($7,795.60), utilities ($6,000. etc.) and commons maintenance ($2,000) would be on top of that, making the total per year $64,518.80. Also in the lease is an annual cost of living increase built in each year, not to exceed 6~. If we sign a ten year lease, they would allow an incentive of $2.00 per square foot cash allowance ($39,445.16), plus four months free rent the first year. The Council discussed this proposal and the possibility of building a Public Works facility. Councilmember Paulsen stated he would like to have various questions answered before the Council goes any further with this proposal or the possibility of building a facility. The Council discussed the previous study that was done on various sites. MOTION made by Councilmember Smith, seconded by Councilmember Jessen to have Mayor Polston and Councilmember Paulsen work 18 ~+ August 27, 1985 with Bonestroo, Rosene Engineering Firm who did the Public Works Study last year, and explain the problems with various sites and give direction to the firm as to what is wanted. The vote was unanimously in favor. Motion carried. HRA APPOINTMENT Jessen moved and Polston seconded the following resolution: RESOLUTION #85-99 RESOLUTION TO REAPPOINT DON ULRICK ~ THE MOUND HOUSING ~ REDEVELOPMENT AUTHORITY - TERM TO EXPIRE AUGUST 29, 1990 The vote was unanimously in favor. Motion carried. DEPOT REMODELING The City Manager explained that this is renovation of the Depot in Mound Bay quotations were sent to the following co E. R. Berglund Construction and Optim Construction was the only one to submit $10,332 for the 5 items requested. the next phase of the Park. Requests for ztractors: Jerry Kust, Construction. Optim a quote which came to MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to approve the quotation from Optim Construction in the amount of $10,322 for the five items listed on the quotation sheet to continue the renovation of the Depot.. The vote was unanimously in favor. Motion carried. REAPPOINTMENT OF CITY REPRESENTATIVE TO L M C D The City Manager stated that even though he has resigned as City Manager, he would still like to be Mound's representative to the L. M.C.D. If when the new Manager is hired he would like to be the representative, Mr. Elam stated he would then resign. Paulsen moved and Jessen seconded the following resolution: RESOLUTION #85-100 RESOLUTION REAPPOINTING JON ELAN AS MOUNDtS REPRESENTATIVE TO THE L.M.C.D. The vote was unanimously in favor. Motion carried. The bills were presented for consideration. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to approve the payment of bills as presented on the pre-list, in the amount of $185,550.74, when funds are available. A roll call vote was unanimously in 185 August 27, 1985 favor. Motion carried. SET DATE FOR PUBLIC HEARINGS - ASSESSMENTS MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to set September 24, 1985, for the folloWing Assessment Hearings: CBD Assessment Unpaid Delinquent Utility Bills Unpaid Weed Removal Bills Unpaid Tree Removal Bills Unpaid Garbage Removal Bills Removal of Hazardous Structure The vote was unanimously in favor. Motion carried. APPOINT ACTING CITY MANAGER MOTION made by Mayor Polston, seconded by Councilmember Paulsen to appoint City Clerk Fran Clark as Acting City Manager and to increase her salary $500.00 per month until a new City Manager is hired. The vote was unanimously in favor. Motion carried. INFORMATIONIMISCELLANEOUS A. Notice from Dept. of Labor, Re: Garcia Decision, U.S. Supreme Court. B. Letter to Balboa, Re: IDB~s & Incubator Center. C. Letter from West Hennepin Human Services. D. League of Cities memo on new distrilled spirits excise tax. E. Letter from D.N.R. regarding Lake Minnetonka lake use. F. Letter from City of Chanhassen. G. Summary of hearing of Senate Public Utilities Subcommittee. H. Letter of thanks - Jake Gibbs/Nancy Gardner. I. Letter from League of Cities, Re: Increased city costs for Social Security & M edicare-. J. Ehlers & Associate s Newsletter. K. Solid W aste Control Commission Newsletter. L. Metro Council Study on organized refuse collection. M. Agenda & Minutes - Minnehaha Creek Watershed District. 186 August 27, 1985 N. Metro Council Review - August 9, 1985. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to adjourn at 10:45 P. M. The vote was unanimously in favor. Motion carried. Fran Clark, City Clerk Jon Elam, City Manager BILLS-----AUGUST 27, 1885 Computer Run dated 8/23./85. Batch 854081 67,038.86 Computer Run dated 8/23/85 Batch 854082 25,280.19 Bills listed below Batch 854083 93,231.68 Total Bills 185,550.74 American Natl Bank Administration fee 351.98 E.F. Andersen No Park signs 268.55 A ~ C Signgraving Nameplates 50.00 Acro-MN Office Supplies 390.74 Allied Blacktop 1885 Sealcoat Proj 28,773.25 Burlington Northern Lease 583.33 Beermann Services. Recycling Pickups 1,005.00 Continental Lighting Fluor, lights 124.28 Economy Data Products Printer Paper 61.41 Steve Grand Mtg exp 7.56 Horan Associates Architect services 1,172.40 Henn Co. Tress Assessor Services 37,944.75 Pillip Haugen Weed Cutting 327.60 MN Frac Sand Sand 82.80 Mound Spraying Supply Weed 'Spray 11.99 Mound Medical Clinic W/C exams 26.36 McCombs. Knutson July professional Serv 4,1T0.00 P.D.Q. Food Stores July gasoline 1,553.20 Brad Roy Mtg exp 7.56 Stevens Well Drilling Pipe 62.40 Stevens Market Supplies-council,recrea. 118.27 State Tress-Surplus Service Fee 30.00 Team Laboratory Chemical Chemicals 233.88 Tools Unlimited 15 ton hydraulic jack 1,188.99 Van Doren,Hazard,Stailings July Consuit sere 2,311.25 Von Klug ~ Assoc June Services 645.00 Wurst,Pearson, Hamilton 2nd Qtr billing 6,528.00 Windward Communications Council Amps ~ Microph 1,195.00 West Tonka Interiors Repair carpet-Parks 45.00 Warner Hdwe Railing Materials 93.77 Water Products extensions 187.70 Widmer Bros. Inc Repairs ~ Services 2,101.75 Xerox Corp Aug pymts ~ Maint 616.83 Ziegler, Inc. Latch for loader 8,gg 93,231. 9 ~- - ~~~~ ~ ~