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1987-10-13-- .165 October 13, 1987 MINUTES - MOUND CITY COUNCIL - OCTOBER 13, 1987 The City Council of Mound,_ Hennepin.County, Minnesota, met in regular session on Tuesday, October 13, 1987, at 7:30 P.M. in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Don Abel., Liz Jensen, and Skip Johnson. Councilmember Phyllis Jensen arrived at 7:50 P.M. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Engineer John Cameron, Building Official Jan Bertrand, Police Chief Len Harrell, and the following interested citizens: Joseph Safreed, Nancy & Darrell Barclay, Dan & .Liz Tveite, Ken Kelsey, Jim Beletti, Wade Neske, Chris Heeb, Joel Turunen, Bill McNamee, Jim McNamee, Teri Vitah, Don Maxwell, Tom Maxwell, Steve Coddon, Jack Cook, Paula Gronland, Bret Haage, Norman Berglund, Clarence & Carol Krotzer, Susan Dailey, Charles McCain. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance. was recited. MINUTES MOTION made. by_Abel, seconded by Jensen to approve the minutes of the Septe®ber 22, 1987, Regular Meeting, and the Septe.ber 30, 1987, Special Meeting, as presented. The vote Was unanimously in favor. Motion carried. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR AN "ON-SALE" INTOXICATING IIOR I iCENSE -EOR .IQEL _Tl1Rl1NEN_ STAR -HOSPITALITY. -INC. The City~Manager stated that the Police Chief is not recommending approval of this license at this time. The Police Chief stated that the investigation done has uncovered that there are more principals involved and additional funds involved that were not disclosed in the original application. The addi- tional principals are Bill McNamee, Mark Saliterman and Bill Alexander. He also stated that Mr. Turunen has not provided financial information and infor- mation regarding his investment in the business. Mr. Joel Turunen and Mr. Bill McNamee were present to answer questions from the Council. The Mayor opened the public hearing. No one responded. The Mayor closed the public hearing. There was discussion on the Tonka Star's status with the Health Dept. and the delinquent water and sewer bill owed to the City of Mound. . 1 166 -- - October 13, 1987 MOTION made by Smith to approve the "On-Sale" Intoxicating Liquor License for North Star Hospitality, dba Tonka Star. Motion died for lack of a second. The Council further questioned Mr. Turunen's involvement in the business. Mr. Turunen stated that according to his agreement with Mr. Alexander the defined amount that he will pay Mr. Alexander for the business is $125,000 and this would be paid on a best effort basis. He further stated that he has paid nothing down, has no investment and no actual payment schedule for the busi- ness. Mr. Turunen stated he would supply the necessary financial information and other information that has been requested. Mr. McNamee stated that he will be managing the establishment and would be in- vesting in the business. He further stated that he will fill out the neces- sary papers to have an investigation started on him. The Council discussed delaying this item for 2 weeks. MOTION made by Jensen,.seconded by Abel to continue this public hearing until the October 27, 1987, meeting so that additional information can be submitted and investigated. The .vote was unanimously in favor. Mo- tion carried. CASE #87-672: DARRELL & NANCY BARCLAY, OWNERS AND DANIEL & ELIZABETH TVEITE, APPLICANT --2666 WESTEDGE BLYD. _.LOTS 2 __3 AND 4- BLOCK 1 ow IIADC c ~cT ennrrrnu ro7n f92_t17-~d 9A nnld/nn~O1 MTNnQ The Building Official explained the.. request. The Planning Commission recom- mended approval if the fee owners, (Clarence & Carol Krotzer), signed the ap- plication. They signed the application this evening. Mr. & Mrs. Krotzer were present and asked that the subdivision not be recorded until he can give a deed t.o the Barclays. Councilmember Jensen stated that there was a purchase agreement from the Barclays to a Paula Gronland that has now expired but Ms. Gronland was at the Planning Commission meeting objecting to the request. Ms. Gronland and Mr. Bret Haage were present at this meeting objecting to the subdivision. The City Attorney stated that he has no objection to the proposed subdivision, but advised that an additional condition be added to the resolution as follows: "The resolution approving the subdivision shall be delivered to the fee owners, Clarence & Carol Krotzer, for recording upon compliance with the conditions contained in this resolution." The Council agreed to add this . stipulation. Abel moved and Jensen seconded the following resolution: _ 167 October 13, 1987 RESOLUTION #87-188 RESOLUTION TO.APPROYE A MINOR SUBDIVISION FOR LOTS 2, .3,-_4, BLOCK 1, BATDDRF'S FIRST ADDITION PID #23- 117-24-24 -0014/0059 (2666 WESTED6E BLVD.) P ~ Z CASE #87-672 The vote was 4 in favor with Councilmember Jensen voting nay. Motion carried. CASE #87-641: NORMAN.BER6LUND 1905 CONCORDIA ST. .WAYZATA,_MN, -LOTS 11.-TNRU ~n ~~ uou ~c in v >> cc-rnu fDTn ~~n_~~~_~z ~~.nnz~i The Building Official explained the request. The City Engineer explained that there is no sewer service to one of the parcels and no water service to another. There are also deficient unit charges .f or street, sewer and water. He asked the City Attorney if this should be noted in the resolution. The City Attorney stated it could be in the resolution, but should definitely be noted on the property cards. The Attorney stated that these .items are dealt with in the City Code under Sections 600:50 for sewer and 610:15 for water. Abel moved and Jensen seconded the following resolution: RESOLUTION #87-189 RESOLUTION TO APPROVE DIVISION OF_TAX PARCEL INTO THE ORIGINAL PLATTED LOTS, LOTS 11_ THRU 20 AND 27 THRU 36, BLOCK 11, SETON, PID #19-117-23 21 0032 The vote was unanimously in favor. Motion carried. CASE #87-669: JONN.& The Building Official explained the request. The Planning Commission has recommended approval. She asked that the following be added to the proposed resolution: "5. Upon further condition that a soil test be submitted prior to parcel development." The Council agreed. Johnson moved and Jessen seconded the following resolution: RESOLUTION #87-190 RESOLUTION TO_ APPROVE A VARIANCE IN LOT._AREA..-FOR LOTS 17 AND_18, BLOCK 5, PEMBROKE, PID #19-117-23 33 0010, (3100 INVERNESS LANE) The vote was unanimously in favor. Motion carried. 168 .._ October 13, 1987 CASE #87-673: JACK COOK, 4.452 DENBIGH ROAD,_LOT .2.INCLUDIN6 ADJACENT VACATED STREET BLOCK 1, AVALON (PID_#19-117-2324 0002, SIDE -YARD SET- B K VARf7(N The Building Official explained the request. The Planning Commission recom- mended approval. Jensen moved and Smith seconded the following resolution: RESOLUTION #87-191 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A VARIANCE FOR A NONCON- FORMING STRUCTURE .ON .LOT 2 INCLUDIN6.._ADJACENT.VA- CATED STREET, BLOCK 1, AVALON, PID #19-1.17-23 24 0002, (4452 DENBIGH ROAD), P & Z CASE #87-673 The vote was unanimously in favor. Motion carried. CASE #87-667: THOMAS MAXWELL, 3114 ISLAND VIEW DRIVE, LOT 59, PHELP'S ISLAND PARK FIRST ADDITION VARIANCE TO RECOGNIZE AN EXISTING NONCON- OR IN6 S DE YARD SE BACK - The Building Official explained that this item was continued .from the last meeting so the applicant could remove the encroachment on the adjoining property or have the survey redone. The applicant was present and delivered a new survey which showed no encroachment. Abel moved and Smith seconded the following resolution: RESOLUTION #87-192 RESOLUTION TO RECOGNIZE AN EXISTING NONCONFORMING STRUCTURE TO ALLOW AN ADDITION FOR. LOT _59~ PHELP' S ISLAND PARK FIRST ADDITION, PID #19-117-23 34 0082 (3114 ISLAND VIEW DRIYE), P ~ Z CASE #87-667 The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were no comments or suggestions from the citizens present. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A QUITCLAIM DEED The City Attorney explained that this is to resolve any questions of ownership and the easements on Lot 5, 61ock 12, Seton. Johnson moved and. Smith seconded the following resolution: ._ ...169 October 13, 1987 RESOLUTION #87-193 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A QUIT CLAIM DEED (LOT 5, BLOCK 12, SETON) The vote was unanimously in favor. Motion carried. RESOLUTION AMENDING COB6 JOINT COOPERATION AGREEMENT #70484 The City Manager explained this amendment is needed because of additional requirements issued by HUD. Jensen moved and Johnson seconded the following resolution: RESOLUTION #87-194 RESOLUTION..AMENDIN6 CD66 JOINT COOPERATION A6REE- MENT #70484 The vote was unanimously in favor. Motion carried. ORDINANCE AMENDING LANGUAGE IN SECTION 437:25 OF THE CITY CODE The City Clerk explained that the last 2 .sentences in this section currently read as follows: "Residents of the City of Mound 65 years of age or older shall pay 50% of the required license fee for a straight dock. A full license fee shall be charged to all persons for all L, T, or U docks and boathouses." When the recodification was done fees are all listed in section 510 of the City Code and the Council changes these by resolution so the last Z sentences currently in the Code should be deleted and replaced with the following: "The annual license fee for residents of the City. of Mound 65 years of age or older shall be as set by the Council in Section 510:00." Abel moved and Jensen seconded the following: ORDINANCE #9-87 AN ORDINANCE AMENDING SECTION 437:25 OF THE CITY CODE RELATING TO DOCK LICENSE FEE The vote was unanimously in favor. Motion carried. LICENSE APPROVALS The following licenses were submitted for approval. a. On-Sale Wine & Beer, Restaurant for D'Vinci's 2244-A Commerce Blvd... b. Cigarette - VFW, 2544 Commerce Blvd. The Building Official asked that D'Vinci's licenses be issued upon their 170 __ October 13, 1987 receipt of a Certificate of Occupancy. The Council agreed. MOTION made by Johnson, seconded by Jensen to authorize the issued of the following licenses: a. On-Sale Wine & Beer, Restaurant for D'Vinci's 2244-A Commerce Blvd. when a Certificate of Occupancy is issued by the. Building Official. b. Cigarette.- VFW, 2544 Commerce Blvd. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS MOTION made by Abel, seconded by Jensen to approve .the .payment of bills as presented on the pre-list in the amount of X261,343.89, when funds are available. A roll call vote was unanimously in favor. Motion carried. COMMONS MAINTENANCE PERMIT The City Manager explained that William and Elaine Lovkvist, 1745 Wildhurst Lane would like to build a stairway on a steep bank to the Comrrrons. They would also install a light on their property for this stairway. The Park Com- mission has recommended approval. MOTION made by Jensen, seconded by Johnson to approve a Commons Main- tenance.-Permit to William and Elaine Lovkvist for land abutting Lot 8, Block 13, Shadywood Point. Permit to allow the construction of a stair- way and installation of a light and receptacle at the top of stairway. All to be maintained by the property owner. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Letter from Dowden Cablesystems of the possibility of the sale of all of Dowden's properties. B. September Monthly Reports as Prepared by the Department Heads. MOTION made by Abel, seconded by Johnson to adjourn at 9:00 P.M. The vote was unanimously in favor. ~lat,ion ~~arried. ~ 1 ran ar CMC, ity C erk war J. Shu le,~ r., City Manager