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1987-10-27..171 October 27, 1987 MINUTES - MOUND CITY COUNCIL - OCTOBER 27, 1987 The City Council of Mound,. Hennepin County, Minnesota, met in regular session on Tuesday, October 27, 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, Phyllis Jensen and Skip Johnson. Also present were: Acting City Manager Fran Clark, Acting City Clerk Linda Strong,. City Attorney Curt Pearson, City En- gineer John Cameron, City Planner Mark Koegler, Police Chief Len Harrell, and the following interested citizens: Lauren Hofteig, Don Robitz, Carter DeLaittre, Geoff Michael, .Glenn Melena, Orval Fenstad, Jim Bloom, Ron Zamonsky, Fred Guttormson, Kent Westberg, Brad Sohns, Vern Andersen, Bill Meyer, Mike Netka, Russ Fatness, Tom Reese, Bill McNamee, Jim Bruha, Mark Lundgren, Sandra Konnad, David L. Olson, Steve Schroeder, Richard M. Smith, Don & Jan Larson, Earl & Nila Erlander, Neil Weber, Richard Bienapfl. 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 October 13, 1987, Regular Meeting, as presented. The vote was unanim- ously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTI-CITY BILLS The Mayor opened the public hearing. Mr. Mark Nadon, 4725 Hampton Road, was present stating that he having financial problems and could not fully pay his .utility bill. The City Clerk .advised him to come to City Hall October 28, 1987, and work out a contract for payment. He agreed to do this. The Mayor closed the public hearing. Able moved and Jensen seconded the following resolution: . RESOLUTION #87-195 RESOLUTION TO APPROVE ..THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $1,749.55 AND AUTHORIZING THE STAFF TO SHUT-OFF IdATER SERVICE FOR THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. CONTINUATION OF-PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR AN "ON-SALE" TIJTnYTCATTN~ . 1 it111nR 1 TCFNCF FnR .1nF1 TIIRIINFN _ .STAR H SPiT ~ITY_ IN _ _ a IVI\hf\ JIAn, l{~' JL'T1 'J.1 V11f_L.11\~. NLtV• \^ V.~~/L nL.^' Vfl. ^r~a.\ YiLL. ~/~ The Mayor explained that Joel Turunen has withdrawn his application for an 172 October 27, 1987 "On-Sale" Intoxicating Liquor License. No action was taken. MOTION made by Jessen, seconded by Jensen to refund ;2,700.00 to Mark Saliterman/Shoreline Plaza for the following: X1,666.70 Liquor (pro-rated). _...83.35 Sunday Liquor (pro-rated) 133.95 Applied to last half of Liquor due when license issued 5.00 Restaurant (not pro-rated) 50.00 Entertainment (not pro-rated) 625.00 Dinner Dancing.(not pro-rated) ...6.00 Cigarette (pro-rated) .-30.00 Pool Tables (not pro-rated) 100.00 Games of Skill (not pro-rated) ;2, 00.00 TOTAL • The vote was unanimously in favor. Motion carried. PUBLIC HEARING: PROPOSED VACATION OF PORTION OF_PHELPS_ROAD ON.THE-EAST SIDE. OF_TUXEDO BLVD. ABUTTING LOTS_13_ & 14, BLOCK 20, WHIPPLE X3314 TUXEDO BLVD.) P & Z CASE #87-666 The City Engineer explained that the Staff and the Planning Commission have recommended denial of this proposed vacation because to approve it would deny access to several. undeveloped parcels of land on Phelps Road. The Mayor opened the public hearing. There was no response. The Mayor closed the public hearing. Johnson moved and Jessen seconded the following resolution: RESOLUTION #87-196 RESOLUTION TO DENY THE PROPOSED VACATION OF PORTION OF PHELPS ROAD.DN THE .EAST SIDE OF TUXEDO BLVD-.- . ABUTTING LOTS'.13 8 ..14,__BLOCK_2O,-.WHIPPLE j3314 .TUXEDO BLVD.), (PID #25-117-24 21 0072), P ~ Z CASE #87-666 The vote was unanimously in favor.. Motion carried. REQUEST BY MS._SANDRA_KONNAD, 4458 DENBIGH. RD. TO ADDRESS THE COUNCIL REGARD- ING P ~ Z -CASE #87-673., MR. JACK COOK, ___4458 DENBIGH_ROAD. -VARIANCE- WAS AP- PROVED AT THE OCTOBER 13 ,1987, MEETING Ms. Sandra Konnad, her attorney David Olson, Mr. Steve Schroeder, and Mr. Jack Cook's attorney Carter DeLaittre were present. .There was discussion regarding the two conflicting surveys, one done for Ms. Konnad, the other done for Mr. Cook and both done by the same surveying company. Ms. Konnad's survey shows that some items on Mr. Cook's property encroaches onto her property. The Building Official explained that the Planning Commission recommended approval 173 October 27, 1987 of the variance and the Council approved the variance based on the survey sub- mitted by Mr. Cook which did not show encroachments onto Ms. Konnad's property. After more discussion by all parties it was decided no action will be taken until another survey is obtained. DISCUSSION ON ITEM #7 IN RESOLUTION #87-145, AMENDMENT TO BALBOA MN. CORP. CONDITIONAL USE PERMIT Item #7 in Resolution #87-145 reads as follows: "No activity shall occur. in the trailer parking area between the hours of 10:00 p. m. to 7:00 a. m." Mr. Mark Lundgren of Balboa Mn., the Managing Director of Operations Mr. James Bruha, and Mr. Ron Zamansky attorney for Toro were present. Mr. Lundgren ex- plained that when the revision to the Conditional Use Permit for Balboa was approved he thought that Toro could live with this restriction. Mr. Zamansky, representing Toro stated that it is absolutely necessary that Toro be allowed to have trailer activity during the restricted hours. He stated that they would try to minimize the activity as much as possible. He also stated that Toro was not aware of any restrictions when they leased the building. The following residents voiced their disapproval of the trailer act ivities during the restricted hours: Mr. Al Shay, 5348. Lynwood Blvd., Mr. Lauren Hof- teig, 2216 Noble Lane, and Mr. Jerry Kohls, 5424 Lynwood Blvd. Mr. Shay also stated that the landscaping that has been. installed is not sufficient to block any noise. The Council discussed both the trailer issue and the landscaping. The Council suggested that Balboa, Toro and the residents try to find a compromise. MOTION made by Johnson, seconded by Jensen to refer with matter back to Staff (City Manager and City Planner) to work with Balboa, Toro and the residents to see if they can work out a compromise for the restricted hours. No action was taken at this time on Item #7. The vote was un- animously in favor. Motion carried. REQUEST FOR ISSUANCE OF A BUILDING PERMIT FOR 2867 WESTED6E BLVD. (LOT 11, BLOCK 2, WESTWOOD) BY MR. RICHARD M. SMITH, 6600 MOHAWK TRAIL, EDINA The Building Official summarized the events concerning this lot, the MPCA cor- respondence regarding the Woodcrest Dump Site which led to her decision not to issue a building permit. Mr. Richard Smith was present and explained his position regarding the MPCA's delayed site investigation and the precautions he is willing to take and still build a home on the site. 174 October 27, 1987 There was discussion by the Council. MOTION made by Jensen, seconded by Abel to authorize the issuance of a Building Permit to Mr. Richard M. Smith for Lot 11, Block 2, Westwood, provided that soil samples are taken and analyzed for hazardous waste and that Mr. Smith will provide a hold harmless agreement so the City is not .held liable in the future, before the permit is issued. The vote was 3 in favor with Jessen and Johnson voting nay. Motion carried. REQUEST FOR EXTENSION OF RESOLUTION _#86-100, "RESOLUTION_TO APPROVE A FINAL PLAT_OF SETON PLACE.-PID #24-11.7-24._14-0027/0038/0039/0013, .LOTS 7, 8, & 9, OLUI.A L7 l11~U rnR~ vc LV~ V, uLVa.w iV, s~av.~, r u a. ~.ns.. rvv-svr n~,u svv,. a.r CLUDIN6 -THE I Y - NGINE R S RECOMMEND T ONS ON THE ST RM EWER ~ D INAG DITCH" The City Engineer explained that Resolution #86-100 needs to be extended and the performance bond amount increased to $26,000 to cover grading and utility construction. Abel moved and Johnson seconded the following resolution: RESOLUTION #87-197 RESOLUTION TO :EXTEND RESOLUTION #86-100 FOR 180 DAYS FROM OCTOBER 27, 1987; ALSO AMENDING THE AMOUNT OF THE PERFORMANCE BOND REQUIRE® TO $26,000 The vote was 3 in favor with Jessen and Smith voting nay. Motion carried. __ _ ..-- REQUEST FOR EXTENSION OF RESOLUTION #87-181, "RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO GRANT. A VARIANCE TO TEMPORARILY PLACE A TRAVEL TR ILER 6260 DEERWOOD DRIVE, LOT 4, BLOCK 3, WOODCREST - P & Z CASE #87-668' The Building Official explained that she does not feel Mr. Westberg.will have the home completed by his requested extension date of November 5, 1987. She suggested an extension until December 5,'1987. The Council agreed. Smith moved and Abel seconded the following resolution: RESOLUTION #87-198 RESOLUTION TO EXTEND RESOLUTION #87-181 ALLOWING A TEMPORARY TRAVEL TRAILER AS A RESIDENCE AT 6260 DEERWOOD DRIVE UNTIL DECEMBER 5, 1987 The vote was unanimously in favor. Motion carried. 175 October 27, 1987 CASE #87-670: DON & .JAN CARSON, 4619 CARLOW ROAD, LOTS 1, 2 3 4 5 AND EAS 10 FEET 0 6 ND TH DJ E T_. P R- _0 E V A D ALONG HE SAME; BLOCK 24, SETON; (PID #19-117-23 24 0044/0045) FRONfi Y RD EBB CK RI NCE The Building Official explained the request. The Staff and the Planning Com- mission recommended approval. Johnson moved and Abel seconded the following resolution: RESOLUTION #87-199 RESOLUTION TO RECOGNIZE AN EXISTING NON-CONFORMING STRUCTURE TO --ALLOW AN ADDITION FOR LOTS 1,2,3,4,5 AND THE EAST 10 FEET OF LOT 6, ADD THE VACATED POR- TION OF THE STREET.RIGHT-OF-0#AY ADJACENT,_BLOCK 24, SETON; PID #19-117-23 24 0044/0045 (4619 CARLOW ROAD) P & Z CASE #87-670 The vote was unanimously in favor. Motion carried. CASE #87-671: EARL & NILA ERLANDER, 4354 WILSHIRE BLVD., LOT 80, PHELPS I5- LAND PARK FIRST DIVISION :ALSO LAND .LYING .BETWEEN-.SAID .LOT 80 ND TH SHO 0 B K- KE, P #19-11 -2 13 0013, SETBACK VARIANCE The Building Official explained that the Planning Commission recommended denial.. She then reviewed the previously granted variances for this property. The last variance allowed the former owner to enclose what used to be a deck with the stipulation that no deck be added at a future date. Mr. & Mr. Erlander were present and asked if a 4 foot deck instead of an 8 foot deck could be added. The Council explained that this request would have to go back to the Planning Commission for review. Mr. Orval Fenstad, 4356 Wilshire Blvd., was present objecting to the deck being allowed. NOTION made by Abel, seconded by Johnson to DENY the request for a Lakeshore setback variance to allow the construction of an 8 foot deck at 4354 Wilshire Blvd. (Lot 80, Phelps Island Park First Division, also land-.ly.ing between said Lot 80 and the shore of Black Lake), PID #19- 117-23 13 0013, P 8 Z Case #87-671. The vote r+as unanimously in favor. Motion carried. CONVENTS & SUGGESTIONS FROM CITIZENS PRESENT There were no comments or suggestions from citizens present. 176 October 27, 1987 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO NOTIFY-JAMES A. RILEY THAT THE CITY WILL EXERCISE ITS OPTION TO PURCHASE LAND Abel moved and Jessen seconded the following resolution: RESOLUTION I87-200 RESOLUTION AUTHORIZING THE -CITY MANAGER TO NOTIFY JAMES A. RILEY THAT THE CITY WILL EXERCISE ITS OP- TION TO PURCHASE LAND The City Engineer stated that soil borings were just done and a full report has not been obtained at this point. The City Attorney suggested taking action on this item later in the meeting after he has time to review the Option Agreement. The Council agreed. Jessen withdrew her second and Abel withdrew his motion. REAPPOINTMENT OF PINKY CHARON TO THE MOUND HOUSING AND REDEVELOPMENT AUTHORITY Jensen moved and Smith seconded the following resolution: RESOLUTION #87-200 RESOLUTION TO REAPPOINT KAROL "PINKY' CHARON TO THE MOUND HOUSING b REDEVELOPMENT AUTHORITY FORA FIVE YEAR TERM - TO EXPIRE 8-29-92 The vote was unanimously in flavor. Motion carried. DEYELOPER'S PRESENTATION OF COUNTRY INN PROJECT AT LOST LAKE Mr. Neil Weber and Mr. Richard Bienapfl made their presentation for the Country Inn Project at Lost Lake. They reviewed the following items: 1. Development Team A. Waterford Development Group, Inc. B. Schwarz/Weber, Architects C. Consultants and Other Team Members 2. Development Proposal A. Architectural Concept B. Architectural Program C. Description of Improvement 3. Discussion of Issues A. Market B. Environment C. Lake Access D. Connection to Remainder of Community E. Finance ..177 October 27, 1987 There were questions from some of the Planning and Park Commissioners present regarding the above items. The City Planner stated that the Staff would like to continue to follow the RFP. He would like to see the Staff continue to pursue discussion with the developer and detail their outline more and then bring it back to the Council and Commissions for further review. MOTION made by Jessen, seconded by Johnson to continue this item until the November 24th Meeting to allow the Staff to. continue to pursue dis- cussion with the developer and detail their outline. The vote was un- animously in favor. Motion carried. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO NOTIFY JAMES A. RILEY THAT THE CITY WILL EXERCISE ITS OPTION TO PURCHASE LAND The City Attorney reported that he has reviewed the Option Agreement and sees no problem with continuing this item for two weeks until the City Engineer has had time to review the results of the soil tests. The Council agreed. Item will be on the November 10th Agenda. PAYMENT OF BILLS MOTION made by Jessen, seconded by Abel to authorize___the _payment of bills as presented on the pre-list in the amount of X140,733.31, when funds are available. A roll call vote was unanimously in favor.' Motion carried. OUR LADY OF THE LAKE HALLOWEEN DANCE PERMIT (PROCEEDS FROM THE-DANCE TO 60 TO THE MOUND WESTONKA CHOIR) MOTION made by Smith, seconded by Abel to authorize issuance of a Dance Permit for a Halloween Dance at Our Lady of the Lake on October 30, 1987, waiving the .fee. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. September Financial Report as Prepared by Finance Director, John Norman. B. Planning Commission Minutes of October 12, 1987. C. Article from St. Paul Pioneer Press (Business/Twin Cities) Regarding Hotels. D. Notice of League Policy Adoption Meeting for 1988 Proposed Legislative Policies and Priorities. If you would like a copy of these, please let 178 October 27, 1987 Fran know. Date: Wednesday, November 18, 1987 Time: 9:00 A.M. Place: Sheraton Midway Hotel in St. Paul E. REMINDER: Special Council Work Session - Saturday, October 31, 1987 7:30 A.M. Lafayette Club Please turn your goals and objectives in to Fran or bring them to the Saturday Meeting MOTION made by Jensen, seconded by Johnson to adjourn at 11:20 P.M. The vote was unanimously in favor. Motion carried. .---, r Francene C. C ar ,Acting City M ager/ City Clerk ., Lin a Strong, Acting ity Clerk 1