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1988-10-25165 October 25, 1988 MINUTES - MOUND CITY COUNCIL - OCTOBER 25, 1988 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 25, 1988, 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 Engineer John Cameron, City Planner Mark Koegler, Building Official Jan Bertrand, and the following interested citizens: Harold Meeker, Nancy Clough, Mike Barlow, Gerry & Donna Smith, Chuck Peterson, Vic Cossette, Brad Sohns, Denice Olson, Joel Dokken, Paul Stannard, and Amy Ruud. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION made by Abel, seconded by Jensen to approve the minutes of the October 11, 1988, Regular Meeting, as sub- mitted. The vote was unanimously in favor. Motion carried. WESTONRA SENIOR CITIZENS FOUNDATION DAY The Mayor presented a proclamation proclaiming October 23, 1988, ad Westonka Senior Citizens Day in the City of Mound. Jessen moved and Jensen seconded the following resolution: RESOLUTION #88-171 RESOLUTION PROCLAIMING WESTONRA BENIOR CITIZENS FOUNDATION DAY IN THE CITY OF MOUND ON OCTOBER 23, 1988 The vote was unanimously in favor. Motion carried. PUBLIC HEARINGS: A. DELINQUENT UTILITY BILLS The Acting City Manager explained that the revised amount was $3,829.23. Mayor Smith opened the Public Hearing regarding delinquent utility bills. Amy Ruud, 5239 Phelps Road, stated that she does not think she could have used $253.52 worth of water. The Council stated the Staff would contact her. Her account was deleted from the shut-off list for further review. 1 166 October 25, 1988 The Mayor closed the Public Hearing and turned the item back to . the Council. Johnson moved and Abel seconded the following resolution: RESOLUTION 88-172 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $3,575.71 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE TO THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. B. PROPOSED ASSESSMENT FOR 'THE IMPROVEMENT OF DRUMMOND ROAD - BY CONSTRUCTION OF A BITUMINOUS The City Engineer explained that the improvement of Drummond Road from 100 feet east of Amhurst Lane to 100 feet west of Devon Lane by the construction of a bituminous road has now been completed. Notices were sent to the people listed on the preliminary assess- ment roll for the proposed assessment. The total amount to be assessed for this portion of the project is $4,900.00. The Mayor opened the public hearing. There were no comments. The Mayor closed the public hearing. Jessen moved and Johnson seconded the following resolution: RESOLUTION 88-173 RESOLUTION ADOPTING DRUMMOND ROAD STREET IMPROVEMENT ASSESSMENT ROLL TO BE CER- TIFIED TO THE COUNTY AUDITOR AT 8~ IN- TEREST - LEVY # The vote was unanimously in favor. Motion carried. C. CASE #88-732: CONSIDER ISSUANCE OF A CONDITIONAL USE PERMIT FOR CENTURY AUTO BODY, 5533 SHORELINE BLVD., PID #13-117-24 33 0007/0008 The City Planner reported that the applicant has requested ap- proval of a Conditional Use Permit to operate the repair facility and associated uses consistent with either grandfathered rights or the uses identified in Section 23.625.3 of the Mound Zoning Code. He then reviewed the 12 conditions that the Planning Commission recommended and were incorporated into the proposed resolution which were as follows: 1. Uses allowed on the property shall be limited to: 2. No flags, banners or flashing lights shall be permitted. Additionally, loud noises or noises over loud speakers shall be prohibited. 2 167 October 25, 1988 3. Display of autos, boats and boat trailers for sale shall be limited to the paved portion of the site abutting Shoreline Boulevard. Vehicles for sale shall not be parked on public right-of-way. 4. The premises shall be maintained in a neat and orderly man- ner at all times. There will be no wrecked or damaged vehicles on property outside of the enclosed area. 5. The permit holder shall be prohibited from using the Central Business District parking areas and any public roads includ- ing Auditors Road for storage and repair operations. Employee and customer parking in the Central Business Dis- trict lots shall comply with the Mound parking regulations. 6. Fencing shall comply with Section 23.415 of the Mound Zoning Code. The property shall also comply with the performance requirements of Section 7 of the Mound Zoning Code. 7. Hazardous materials shall be stored in an enclosed building and discarded in full compliance with all State and Federal requirements. 8. All body work, fiberglas work and painting will be performed in an enclosed building area conforming to State and Federal .ventilation and emission requirements. 9. Tax parcels shall be combined. 10. All signage shall comply with the Mound Sign Ordinance within 90 days of the date of the approval of this permit. 11. All trash and waste auto parts shall be kept within screened enclosures. 12. Gates along fenced storage areas shall be kept close at all times except when access is required for parking or removing vehicles. He reported that the Planning Commission further asked that the Mr. Cossette provide the City with proof that he has sold at least one automobile per year since 1978 when he purchased the property. The Building Official stated that Mr. Cossette has submitted a listing of cars sold since 1980. Mr. Curt Johnson, the owner of property adjacent to Mr. Cossette's present objecting to the dust, fumes and particulate matter escaping into the air from the work being done outside and inside the building. He then submitted correspondence he has ob- tained from the Hennepin County Department of Environment and Energy, and the Minnesota Department of Labor and 3 168 October 25, 1988 Industry, regarding OSHA violations at the site. The Mayor opened the public hearing.• Mr. Cossette was present and stated he would have a problem with item #8 of the conditions recommended by the Planning Commission. He stated he would like to be allowed to per- form some of theses tasks outside of the building in one of his two lots. He suggested that he could put up some kind of covered area outside to try to confine the dust. He fur- ther stated that the OSHA violations were minor and that employees who were fired brought them to OSHA's attention. The Mayor closed the public hearing. The Council discussed the information supplied by Mr. Johnson regarding OSHA violations. The City Attorney stated that the list of automobiles sold since 1981 could not be verified and should be in following the Plan- ning Commission recommendation. MOTION made by Jessen, seconded by Abel to delay granting the requested Conditional Use Permit for Arco/Century until Mr. Cossette supplies supporting information verifying the automobile sales as stated on his lists and the Staff has verified, with the various agencies who cited Arco/Century, that the OSHA violations have been corrected. The vote was unanimously in favor. Motion carried. D. CASE #88-733: PROPOSED STREET VACATION: ~~ALLEY BETWEEN AVON DRIVE AND AVON DRIVE', ABUTTING LOTS 7- 13, BLOCR 4, SHIRLEY HILLS UNIT B, JOEL DOR- REN The City Engineer explained that this vacation is for an alley between Lots 7, 8, 9 and part of 10, Block 4, Shirley Hills Unit B. The Planning Commission recommended approval, with the City retaining a drainage and utility easement. The Mayor opened the public hearing. Donna Smith, 2531 Avon, read her letter of opposition to the proposed vacation and submitted a petition with 28 signa- tures of neighbors which read as follows: "I support Donna and Gerald Smiths' views that the alley that adjoins their property on 2531 Avon Drive not be vacated on October 25, 1988." She further stated that if the vacation is approved, the City is just providing extra land to Mr. Dokken to sell for profit. She suggested that the City could buy Lots 8, 9, and part of 10 and increase Avon Park. The Smiths also questioned the validity of the survey that was submitted by Mr. Dokken. 4 169 October 25, 1988 The following spoke in opposition to the vacation: Bud Stannard, 5050 Avon Drive, Denice Olson, and Chuck Peterson. Joel Dokken, applicant for the vacation, stated that this vacation was requested to make the property easier to build upon. There was Council discussion on the vacation and whether it was in the public's best interest to vacate. The Mayor closed the public hearing. The City Planner explained Mr. Dokken's subdivision request which follows this item. He explained that the subdivision request is not contingent upon the granting of the vacation. If the vaca- tion is not granted, Parcel A still meets all the requirements of the Mound Zoning Code. MOTION made by Abel, seconded by Smith to deny the vacation of the alley abutting Lots 7-13, Block 4, Shirley Hills Unit B. The vote was unanimously in favor. Motion carried. CASE #88-728: JOEL DORREN, (5042) AVON DRIVE, LOTS 8-12, BLOCK 4, SHIRLEY HILLS UNIT B. PID #24-117-24 12 0018, MINOR SUBDIVISION The City Planner explained that the Planning Commission recom- mended approval with the following 6 conditions: 1. Driveway access for Parcel A shall be from Avon Drive. 2. The applicant shall pay one park dedication fee at the time of building permit issuance for Parcel A. 3. All applicable unit charges shall be paid. 4. A 4 foot rear yard setback variance shall be granted for the existing house on Parcel B. The applicant shall immediately complete a variance application and remit the appropriate fee. 5. The applicant is dividing the property with full knowledge of the setback constraints on Parcel A. Future setback variances for Parcel A will not be recommended for approval. 6. The City Engineer shall review and approve utility connec- tions for Parcel A. Johnson moved the following resolution: 5 170 October 25, 1988 RESOLUTION #88-174 RESOLUTION WAIVING REQUIREMENTS OF SUB- DIVISION ORDINANCE FOR SHIRLEY HILLS UNIT B, LOTB 8,9,10,11 & 12, BLOCK 4, PID #24-117-24 12 0018 AND RECOGNIZING AN E%ISTING REAR SETBACK VARIANCE FOR PURPOSED PARCEL B The motion died for lack of a second. The Smiths asked if the survey could be verified. The Planner stated that would be up to the Smiths if they felt the survey was incorrect. It was done and signed by a registered land surveyor and the City is satisfied. MOTION by Johnson, seconded by Abel to table this item until the November 15, 1988, meeting. The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There was no response. AMENDMENT TO MOUND CITY CODE BY ADDING SECTION 920:15 REGULATING NOISE IN RESIDENTIAL AREAS The City Attorney explained that this would regulate "loud party noise" in residential areas. Abel moved and Jensen seconded the following ordinance: ORDINANCE #16-1988 AN ORDINANCE AMENDING THE MOUND CITY CODE BY ADDING SECTION 920:15 REGULATING NOISE IN RESIDENTIAL AREAS The vote was unanimously in favor. Motion carried. GAMBLING LICENSE - NORTHWEST TONRA LIONS (JOCK CLUB) The Acting City Manager explained that unless the Council has a problem with the State renewing a Gambling License for the Northwest Tonka Lions operation of pull-tabs at the Jock Club, they need not take any action. No action was taken. FINAL PAYMENT REQUEST - G.L. CONTRACTING FOR THE ENTIRE DRUMMOND ROAD IMPROVEMENT The City Engineer explained that they recommending payment of $14,651.70 be released to G.L. Contracting for the 1988 Storm Sewer and Street Improvements on Drummond Road. MOTION made by Johnson, seconded by Jensen to authorize the payment final payment request of G.L. Contracting for the 1988 Storm Sewer and Street Improvements on Drummond Road in 6 171 October 25, 1988 the amount of $14,651.70. favor. Motion carried. PAYMENT OF BILLS The vote was unanimously in MOTION made by Jensen, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $287,859.03, when funds are available. A roll call vote was unanimously in favor. Motion carried. ADD-ON ITEM A. SET DATE FOR PUBLIC HEARING MOTION made by Abel, seconded by Jensen to set November 15, 1988, at 7:30 P.M. for a public hearing to consider an amendment to the Mound City Code, Section 23.415 (4) q)., relating to fences. The vote was unanimously in favor. Mo- tion carried. L G. October 13, H. Findings of MOTION made P.M. The v~ ~~ Fran Cl~arLk~~ CMC INFORMATION/MISCELLANEOUS A. Financial Report for September, as Prepared by John Norman, Finance Director. B. Letter from the League of Minnesota Cities regarding Land Use Legislation. C. League of Minnesota Cities 1989 Proposed Legislative Policies and Priorities. Please review these and give me any comments you may have. D. Notice from the League of Minnesota Cities of the Policy Adoption Meeting, Wednesday, November 16, 1988, Hotel Sofitel, Bloomington, MN. Please let Fran know by November 7th if you plan to attend. E. Notice from Triax Cablevision that the Governor has declared October as Community Television Month in the State of Min- nesota and a Program Summary of Channel 20 for the month of September. F. October 10, 1988, Planning Commission Minutes. 1988, Park Commission Minutes. Fact submitted by Ted Fox. by Abel, sewn Je sen~ to adjourn a 11: ate was unanimo in vor Motion ar ied. City Clerk ward J. S ~ e, Jr., City Manage 7