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1988-08-23122 August 23, 1988 MINtTTEB - MOUND CITY COUNCIL - AUGUST 23, 1988 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 23, 1988, at 7:30 P.M., in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Liz Jen- sen, Phyllis Jensen and Skip Johnson. Councilmember Don Abel was absent and excused. Also present were: City Manager Edward J. Shukle, Jr, City .Clerk Fran Clark, City Attorney Curt Pearson, City Engineer John Cameron, City Planner Mark Koegler, and Build- ing Official Jan Bertrand and the following interested citizens: Gladys Larson, Ray Chamberlain, Marie Sorrell, Ed and Vangie Waldroff, John Larson, Pat and Paul Meisel, Rick Lindlan, Doug Selle, June and Raymond Dahlquist, John Gonzalez, Jim Bloom, Dana Fanelli, Sheila Sundstrom, James Morgan, Jay and Lori Gyllen, H. J. Hagedorn, Louise Hagedorn, Clifford Reep, Jim Robin, Frank Ah- rens, Al Strand, Jay Gorden, Greg Hewitt. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION made by Johnson, seconded by Jensen to approve the minutes of the Auqust 9, 1988, Reqular Meetinq, as sub- mitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS City Manager Ed Shukle explained that the revised amount was $2,084.08. The Mayor opened the Public Hearinq. There were no comments. The Mayor closed the Public Hearing. Johnson moved and Jensen seconded the following resolution: RESOLIITION 88-115 RESOLUTION TO APPROVE THE DELINQIIENT UTILITY BILLS IN THE AMOIINT OF $2,084.08 AND AUTHORIZING THE STAFF TO SHIIT-OFF RATER SERVICE TO THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. CASE #88-717: MARIE SORRELL. 2147 FOREST LANE. LOT 41, BLOCK 1. BROORTON, PID #14-117-24 31 0042, FENCE HEIGHT VARIANCE The Building Official explained that the request is for a 2 foot extension to an existing 6 foot high privacy fence to keep the neighbor's dog from jumping the fence into Ms. Sorrell's yard. 1 123 August 23, 1988 The Planning Commission recommended denial of the request and suggested that the neighbor move the junk by the fence, shorten the leash on the dog and the Police Department be notified so they can enforce the animal control ordinance. They also recom- mended that the Council refund Ms. Sorrell's $50.00 variance ap- plication fee. The Council agreed that this is not a planning or zoning problem but an animal enforcement problem. MOTION made by Jessen, seconded by Jensen to deny the variance request and refund Ms. Sorrell~s variance applica- tion fee. Further that the ae~ghbor be notified to remove the junk near the fence, shorten the leash on the dog and the Police Department be notified for enforcement of the animal control ordinance. The vote was unanimously in favor. Motion carried. CASE #88-718: TED ROBINSON. 2339 COMMERCE BLVD.. LOT 2 & PART OF LOT 3, AIIDITOR~S BUBD. #167. PID #14-117-24 44 0002. Sign Variances The City Planner explained that the request is for a 22 square foot area variance and a 2 foot setback variance for use the ex- isting sign that was the Mound State Bank time and temperature sign. The Planning Commission recommended approval. Mr. .Paul Meisel, owner. of the building was present representing Mr. Robinson who was out of town. He explained what the real es- tate business "Help-U-Sell" was and showed the lettering that would be done on the sign. Jensen moved and Johnson seconded the following resolution: RESOLIITION #88-116 RESOLIITION TO APPROVE A SIGN AND SETBACK VARIANCE FO~t 2339 COMMERCE BLVD., LOT 2 AND PART OF LOT 3, AIIDITOR~B SIIBD. #167, PID #14-117-24 44 0002 The vote was. unanimously in favor. Motion carried. PIIBLIC REARING: CASE #88-?20 & 88-?21 - APPLICANT: TONRA ALANO SOCIETY. INC.. OWNER OF PROPERTY: ROGER RAGER & JOYCE GIIINON. 5098 THREE POINTS BLVD.. LOTS 8, 9. 12. 13. 14. 15. BLOCK 2. DREAMWOOD. PID #13-117-24 12 00180017/0020 /0021/0022 - ZONING AMENDMENT AND CONDITIONAL IISE PERMIT FOR PIIBLIC LODGE. MEETING HALL. AND CLIIB The City Planner explained that there are two items to be con- sidered here, a zoning amendment and then if that is adopted, the conditional use permit. 2 124 August 23, 1988 The zoning amendment, if approved, would allow public lodges and clubs to be added to the list of conditional uses in the B-3 zone. If the amendment were approved, Tonka Alano is requesting approval of a conditional use permit for 5098 Three Points Blvd. The Planner then reviewed his report dated August 1, 1988, with the Council. He reported that the Planning Commission questioned whether the B-3 zone was a correct zone now and they discussed changing the B-3 zone description: There was discussion on changing the ordinance. In the end their recommendation was to deny the request to expand the. conditional uses for the B-3 dis- trict to include public lodges and clubs. Councilmember Jensen stated that after the applicant left the Planning Commission Meeting, the Planning Commission unanimously voted to have the Staff investigate and report at the next meet- ing the various alternatives available in revising the B-3 zoning district. The Planner pointed out that there are four, B-3 zones in .the City of Mound. This area, the area of Donnie's, Al & Alma's and the area of Grimm's Store. The Mayor opened the Public Hearing. The following persons spoke regarding the use of 5098 .Three Points Blvd.: JIM BLOOM, 1700 Finch Lane, agreed with the Planning Commis- sion recommendation to deny because it doesn't meet the neighborhood services category. in the B-3 zone. He then suggested several options, all which ended with the Council never allowing a liquor establishment there again if the Tonka Alano Society ever leaves. JOHN GONZALEZ, 1673 Gull Lane, questioned whether the proposed use fits under the current B-3 zoning, if ~it doesn't just provide service to the Three Points area. GL'ADYS CARSON, 1664 Eagle Lane, related past unpleasant ex- periences when the property was used as a tavern with live music. She also asked if Alano would be allowed to rent out the building when they were not using it and asked how they would be able to support and keep up the property. The following representatives of Tonka Alano were present: Al Strand, Greg Hewitt, Jay Gordon, and Rick Lindlan. Al Strand was the spokesperson and explained the background of the Tonka Alano Society. He stated they have to move from their present meeting area in the Administrative Building of the School District because of the new smoke free policy that the District adopted. They have rented homes in residential areas before for their operations and have not 3 125 August 23, 1988 had any problems. He stated they would not rent out the facility to others. He further stated they are not a club but a completely self-supporting, nonprofit organization and have the volunteers to maintain the build-ng and grounds. They stated they do have a time problem because they have to close by October 1, 1988. DOUG SELLE, 1688 Avocet, stated he is a member of Tonka Alano and suggested rezoning the property to residential and asked if then the requested used would be permissible. The City Attorney explained that even if Tonka Alano were rent- ing the property, they would be in violation of the Zoning Ordinance because it is not a permitted use in a residential area. The Council discussed the wording "public lodge, meeting hall and club". The City Attorney suggested finding a bet- ter definition for the Tonka Alano Society then the above. He stated he found the following in another city's ordinance which might work. It read as follows: "Institutions and non profit corporations of a religious, health, educational, eleemosynary or philanthropic nature". The. Council then discussed redefining the B-3 District. The City Attorney suggested that the item be referred back to the Planning Commission and the public hearing continued on changing the ordinance or investigate the possibility of creating another zone. He pointed out that two of the B-3 areas have close parallels, Donnie's and Al & Alma's which could be in one category and the other two, this area and Grimm's Store could be ,in another category. SHEILA SUNDSTROM, 1705 Finch Lane, stated she is against the requested use and the past use of the property because of the increased traffic and the noise. The City Attorney stated that the Council could, if it chose to do so tonight, substitute language which was the discussion at the Planning Commission Meeting to try to find a definition which would be different from the private clubs and lodges and then they could go on and consider the request for a conditional use permit, but that would be bypassing the Planning Commission. MOTION by Johnson to deny expanded use of the current B-3 zone and refer the issue back to the Planning Commission to redefine the B-3 zone, thinking of Donnie~s and Al & Alma's and have them try to develop a B-4 zone that would apply to the Grimm's Store area and the Three Points area. The mo- tion died for lack of a second. There was discussion on referring the following back to the Plan- ning Commission to redefine the B-3 zone using the language sug- gested by the City Attorney and perhaps creating a B-4 zone fvr 1 1 4 126 August 23, 1988 I~ 1 1 limited business. MOTION by Jensen, seconded by Jessen to refer back to the Planning Commission a suggestion that they study replacing the words public lodge, meeting hall and club, with the following: institutions and non profit corporations of a religious, health, educational, eleemosynary (relating to or supported by charity), or philanthropic nature. Further that the Planning Commission look into creating a fourth business district with the suggestions of the Planner and the Attorney. Also to continue the public hearing to the September 20th meeting. The vote was unanimously in favor. Motion carried. ADD ON ITEM: CASE #88-724: FRANK & ANDREA AHRENS, 4673 ISLAND VIEW DRIVE, LOT 17 AND SE 1/2 OF 18, BLOCK 1, DEVON; PID #30-117- 23 22 0008, FRONT YARD SETBACK VARIANCE The Building Official explained the request. Mr. Ahrens was present and asked that the survey requirement be waived. .The Building Official explained that the survey is needed because it will indicate the corners of the proposed garage elevation, the proposed elevation at the front of the garage, and the elevations at the corner of the existing lot. The Council agreed. Jensen moved and Johnson seconded the following resolution: RESOLUTION #88-117 RESOLUTION TO CONCUR WITB THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A FRONT YARD SETBACK VARIANCE FOR LOT 17 ~ S.E. 1/2 OF 18, BLOCK 1, DEVON; PID ~30- 117-23 22 0008 (4673 ISLAND VIEW DRIVE) P & Z CASE #88-724 The vote was unanimously in favor. Motion carried. PUBLIC HEARING: CASE #88-722: JOHN E. CARSON, 5271 SHORELINE BLVD. (8HORELINE PLAZA). PID #13-117-24 34 0072, CONDITIONAL USE PERMIT FOR A PRINT SHOP The City Planner explained the request. The Mayor opened the public hearing. There was no response. The Mayor closed the public hearing. Jensen moved and Johnson seconded the following resolution: RESOLUTION #88-118 RESOLUTION ~fUTHORIZING A CONDITIONAL USE PERMIT FOR A PRINT SHOP LOCATED AT 5271 SHORELINE BLVD., LOTS 7-20, 26-35, BLOCK 1, SHIRLEY HILLS UNIT F, PTD #13-117-24 34 0072, P & Z CASE #88-722 5 127 August 23, 1988 The vote was unanimously in favor. Motion carried. PIIBLIC HEARING: CASE #88-?23: WILLIAM NICCIIM. 4841 BARTLETT BLVD.. PART OF GOVERNMENT LOT 8, PID X13-117- 24 44 0001/0002/0010. CONDITIONAL IISE PERMIT FOR WETLANDS ALTERATION The City Planner explained that this request comes after the fact because the dredging is already done. The Planning Commission reviewed this case last night and the motion to approve the Wet- land Permit failed on a five to three vote. The applicant had obtained permits from the DNR and the Watershed District and was not aware that he needed one from the City. The Planning Commis- sion was also concerned about the proposed docks. The Council discussed their concerns about disturbing this desig- nated wetlands without the permission of the City. The Planner explained that since the meeting last night it has been researched and the City was notified of the general project in May of 1987 and it did not respond against it. Councilmember Johnson expressed concern about whether the city has any jurisdiction over this particular wetlands because it is on Lake Minnetonka and not enclosed by land. The Mayor opened the public hearing. JIM ROBIN, attorney representing Mr. Niccum, stated that there is a Minnesota Supreme Court case between a private party and the City of Orono which decided that anything within the boundaries of navigable water was outside the reach of the respective cities as far as regulation and that the sole jurisdiction for regulating dredging falls on the Department of Natural Resources. Mr. Robin stated that if anything was done improperly, it was not done intentionally. The Council discussed the dredge and the dock that is being installed at the site. Mr. Robin stated that a permit for the docks has been issued by the L.M.C.D. At present there is a request to modify that original permit, and the L.M.C.D. will approve it if the City has no objections. As far as the dredge is con- cerned, Mr. Robin stated it is his understanding that a per- mit is not needed from the City of Mound to dredge anywhere in Lake Minnetonka below the normal high water mark. That is.exclusively reserved to the DNR. With regard to the dock, he stated he sees nothing in Mound's ordinances that regulate docks on private lakeshore. That regulation comes from the L.M.C.D. ~__. l i 1 6 128 August 23, 1988 The City Attorney stated that .in adopting the wetlands or- dinance reference is made to several state statutes and he would like to have time to look into that. He suggested continuing this discussion until September 20 when he and the Planner can report back. RAY CHAMBERLAIN, 4913 Bartlett Blvd., submitted a petition with 31 signatures opposing the issuance of a wetlands al- teration permit because it is destroying the wetlands. He stated that at the Planning Commission Meeting, Mound's L.M.C.D. Representative, Tom Reese, stated that the L.M.C.D. did not know this was a wetlands area. The Mayor continued this hearing to September 20 and asked that Mound's L.M.C.D. representative, Tom Reese, also be present. SET PUBLIC BEARING: DRIIMMOND ROAD STREET VACATION MOTION made by Smith, seconded by Johnson to set September 20, 1988, for a public hearing on the proposed vacation of Drummond Road from Amherst Lane to Devon Lane. The vote was unanimously in favor. Motion carried. 1 ADD ON ITEM: BID AWARD & ASSESSMENT OF STREET AND STORM SEWER IMPROVEMENTS - DRUMMOND ROAD The City Engineer explained that he received two bids for the storm sewer and street improvement of Drummond Road. They were: G.L. Contracting Widmer Bros. $10,497.50 $11,857.50 The estimate for this project was $10,900.00. Johnson moved and Jensen seconded the following resolution: RESOLUTION #88-119 RESOLIITION AWARDING TAE BID FOR TBE STORM SEWER AND STREET IMPROVEMENT OF DRUMMOND ROAD TO G.L. CONTRACTING IN TBE AMOUNT OF $10,497.50 The vote was unanimously in favor. Motion carried. Jensen moved and Johnson seconded the following resolution: RESOLUTION #88-120 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT 1 The vote was unanimously in favor. Motion carried. The City Engineer then presented the proposed assessment roll to the Council for this project. 7 129 August 23, 1988 He suggested September 20, 1988, for. the assessment hearing. The Council agreed. Johnson moved and Jensen seconded the following resolution: RESOLIITION X88-121 RESOLIITION FOR HEARING ON PROPOSED ASSESBMENT OF 1988 STORM SERER AND STREET IMPROVEMENT - DRIIMMOND ROAD The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There was no response. RESOLIITIONS RELATING TO COIINTY ROAD 15 ASSESSMENTS & HEARINGS The City Engineer explained that a mathematical error was made in Resolution #88-112 and that needs to be corrected. The amount to be paid by the City should have been $92,338.00 and the amount to be assessed against the benefited property owners should have been $135,771.00. Smith moved and Jensen seconded the following resolution: RESOLIITION #88-122 RESOLIITION CORRECTING RESOLIITION #88-112 ORDERING COST TO BE ASSESSED AND ORDER- ING PREPARATION OF PROPOSED ASSESSMENT FOR COUNTY ROAD 15 STREET IMPROVEMENT The vote was unanimously in favor. Motion carried. The City Engineer presented the proposed assessment rolls for the County Road 15 Street Improvement and the County Road 15 Street Light Improvement. He suggested that September 20, 1988, be the date for the public hearings. Jessen~moved and Johnson seconded the following resolution: RESOLIITION #88-123 RESOLQTION FOR HEARING ON PROPOSED ASSESSMENT - COIINTY ROAD 15 STREET IM- PROVEMENT The vote was unanimously in favor. Motion carried. Smith moved and Jensen seconded the following resolution: RE$OLIITION #88-124 RESOLIITION FOR HEARING ON PROPOSED ' ASSESSMENT - COUNTY ROAD 15 STREET LIGHT IMPROVEMENT The vote was unanimously in favor. Motion carried. 8 130 August 23, 1988 J REQUEST FOR MAINTENANCE PERMIT ON COMMONS - HOWARD HAGEDORN, 1749 AVOCET The City Manager explained that the Park Commission recommended the following on Mr. Hagedorn's requests: 1. Approve the replacement of sod on the southwest corner of Mr. Hagedorn's lot, which is in the commons. 2. Accept the request to trim sumach to 3 1/2 feet under .the Park Director's supervision, hard wood trees are not to be cut. C Mr. Hagedorn was present and stated this was agreeable with him. MOTION made by Johnson, seconded by Jensen to concur with the Park Commission and approve a Maintenance Permit on Com- mons for Howard Hagedorn at 1748 Avocet. The vote was un- animously in favor. Motion carried. SIGN PERMIT MOTION made by Jessen, seconded, by Johnson to Approve a Siqn Permit for Truman Wilson, 6575 County Road 15 - to promote benefit for Todd Wilson. The vote was unanimously in favor. Motion carried. SET DATES FOR PUBLIC HEARING - SPECIAL ASSESSMENTS MOTION made by Johnson, seconded by Smith to set .September 27, 1988, for the public hearings on the following special assessments: A. CBD (Central Business District) Assessment B. Unpaid Weed Removal Assessment C. Unpaid Tree Removal Assessment D. Unpaid Utility Bill Assessment E: Unpaid Mowing Bill Assessment The vote was unanimously in favor. Motion carried. 1 LOST LAKE PARR DEVELOPMENT PLAN The City Manager explained that the Center for Community Studies of the University of Minnesota has approved the Lost Lake site as a landscape architecture class project for the fall quarter. They anticipate the project would begin around November 1 and be completed around December 5. The class will develop design con- cepts for development and its relation to its surroundings. In exchange for the time and skills donated by University students and faculty, they expect the City to reimburse the University for expenses (such as mileage, photography, supplies, printing) up to $500 and an administrative fee of $50.00. 9 131 August 23, 1988 He further stated that the Center for Community Studies expects this project to help the City explore options and gain support and funding which will lead to professional design development and implementation. MOTION made by Johnson, seconded by Jessen to authorize paying up to $550 for the Lost Lake Park Development Plan as explained above. The vote was unanimously in favor. Motion carried. APPROVAL OF LICENSES FOR MOUND POLICE RESERVE MOTION made by Smith, seconded by Jensen to approve the fol- lowing for the Mound Police Reserve for September 10, 1988: A. Charitable Beer Permit B. Public Dance Permit - waive fee C. Set-IIp Permit - waive fee The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS MOTION made by Jessen, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $221,430.06, when funds are available. A roll call vote was unanimously in favor. Motion carried. APPOINTMENT OF ADDITIONAL ELECTION JUDGES Johnson moved and Jensen seconded the following resolution: RESOLIITION #88-125 RESOLIITION APPOINTING ELECTION JUDGES AS RECOMMENDED FOR THE PRIMARY AND GENERAL ELECTIONS SEPTEMBER 13, 1988 AND NOVEM- BER 8, 1988 The vote was. unanimously in favor. Motion carried. INFORMATIONfMISCELLANEOUS A. July 1988 Financial Report as prepared by John Norman, Finance Director. B. 1987 Prosecution and Code Enforcement Summary requested by Mayor Smith and prepared by Jim Larson, Prosecuting Attor- ney. C. Planning Commission Meeting Minutes of August 8, 1988. D. Letter from Morrie Splettstaszer, 6100 Beachwood Road. E. Letter from Margaret K. Bargman, 4691 Wilshire-Blvd. 10 132 August 23, 1988 1 F. Letter from Fred Guttormson, President, C.R. Mfg. Co. - Re: performance of Officer Darrell Huggett in a recent police matter. IG. REMINDERS: - NLC Annual Conference, Boston, Massachusetts, December 3-7, 1988. Contact Fran ASAP, if you want to attend. - LMC Regional Meeting, September 12 at Robert Lee's (Hwy. 694 & Silver Lake Road, New Brighton). Please let Fran know by Tuesday, Sept. 6, if you plan to at- tend. 1 H. Park Commission Minutes of August 11, 1988. I. All employees will be attending a Sexual Harassment Seminar on Thursday, September 22, 1988. The Cities of Orono and Mound will each be sending employees to two 1/2 day semi- nars being presented by the Government Training Service. This is a follow-up to action taken by the City Council on June 28th, that employees be given the opportunity to attend informational seminars regarding this subject. MOTION made by Abel, seconded by Jensen to adjourn at 10:30 P.M. The vote was unanimously in favor. Motion carried. Fran Clark, CMC, City Clerk 11