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.
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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.
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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
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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.
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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:
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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
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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
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