1988-11-15175
November 15, 1988
MINUTES - MOUND CITY COUNCIL - NOVEMBER 15, 1988
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, November 15, 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, and Phyllis Jensen. Councilmember Skip Johnson 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:
Jeri Forster, Ardy Forster, Tom Forster, Les and Charlotte Jen-
sen, Lucille Maas, Mary and Alan Burkness, Juli and Tim Seehusen,
Donna and Gerry Smith, Jeff and Denise Olsen, Lois and Earl
Sandquist, Kyle Wilberry, G. Michael Brown, Mike Barlow, Harlan
Dugstad, Bob Brown, Andrea Ahrens, Leon Hesselgrave, Dorothy and
Bill Netka, Larry Shaw, Pat and Paul Meisel, Tim & Karen King,
John Kuhlman, Bill Reutiman, and John Wagman.
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 25, 1988, Reqular Meetinq and the
November 9, 1988, Special Meetinq as submitted. The vote
was unanimously in favor. Motion carried.
PUBLIC HEARINGS:
A. TO CONSIDER AN AMENDMENT TO THE MOUND CITY CODE, SECTION ,
23.415 (4) g, RELATING TO FENCES
The City Planner explained that currently the wording in the or-
dinance is as follows: "If the material used in fence construc-
tion is not finished on both sides, the finished side of the
material shall be on the outside facing the abutting property."
This has caused some confusion in the past with which side faces
abutting property. The new proposed wording for this section as
recommended for approval by the Planning Commission is as
follows: "Fences shall be installed such that the finished side
faces abutting properties. The finished side shall be the side
which provides maximum coverage of posts and stringers. Board-
~on-board, basket-weave fences, and similar design shall be deemed
to have two finished sides."
The Mayor opened the public hearing. There was no response. The
Mayor closed the public hearing.
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November 15, 1988
Abel moved and Jessen seconded the following:
ORDINANCE #19-1988 AN ORDINANCE AMENDING APPENDIX B, SEC-
TION 23.415 (4) q, OF THE CITY CODE
RELATING TO FENCES
The vote was unanimously in favor. Motion carried.
B. 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 Building Official reviewed her memo regarding an inspection
of the property at 5533 Shoreline Blvd. She reported that OSHA
and Hennepin County will follow-up on their violations and will
send a report by December 15, 1988.
The Mayor reopened the public hearing.
BOB BROWN, 5430 Three Points Blvd., stated that he has been
in the establishment and in his opinion it is a clean place.
VIC COSSETTE, owner of Century/ARCO, stated that he agrees
with all the conditions in the proposed resolution.
The Council discussed the 12 items in the Building
Official's report.
The City attorney suggested that action on this Conditional
Use Permit could be delayed until all reports from Hennepin
County and OSHA are in and all items are corrected. He also
stated there are also penalties due to OSHA from 1984 which
have now been turned over to the State Attorney General's
Office for collection.
GREG KELLER, attorney representing Vic Cossette, stated that
those penalties from OSHA were against the corporation. Mr.
Cossette is now operating under sole proprietorship.
VIC COSSETTE, objected to item #6 in the Building Official's
report requiring a supply of make-up tempered air because it
is too expensive to install and he does not feel it is
necessary.
The Building Official stated the requirement for make-up
tempered air has been in the State Building Code since 1972.
BOB BROWN asked why the City is getting involved in items
required by OSHA. The City Attorney stated that the City
has no authority to waive state, county or federal regula-
tions.
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November 15, 1988
MOTION made by Abel, seconded by Jessen to continue this
public hearing and delay action on this Conditional Use Per-
mit until more items on the Building Officials list are
completed and a follow-up report from Rosemary Lavin, Hen-
nepin County Environmentalist, is received in December.
Item to be brought back at the December 27, 1988, Council
Meeting. 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 this was tabled at the October
25th Meeting to be brought back this evening.
Mr. Larry Larson, builder for the potential owner of this
property, stated that the lot is not buildable with the 30 foot
setback requirements. He requested that the Council grant a
variance for 20 foot setbacks.
The City Attorney explained that a variance request needs to come
before the Planning Commission for their recommendations before
it comes before the City Council for consideration.
Donna Smith voiced objection to a large house being placed on the
newly created lot because it is not in the best interest of the
neighborhood.
The City Attorney pointed out that the property descriptions in
the proposed resolution for the subdivision are incorrect. The
Planner stated that the resolution in the packet was for the sub-
division if the vacation had been approved.
The Council discussed the Planner's recommendations for the sub-
division, specifically #5 which reads, "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."
MOTION made by Jessen, seconded by Abel directing the Staff
to prepare a corrected subdivision resolution to the next
meeting incorporating the correct property descriptions and
incorporating the Planner s recommendation relating to no
future setback variances for Parcel A. The vote was unanim-
ously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
There were none.
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November 15, 1988
AN ORDINANCE AMENDING CHAPTER V OF THE MOUND CITY CODE, SECTION
510:40, SUBD. 2 & 6; SECTION 520:00, SUBD. 1 a (1), SUBD. 1 a
(2), SUBD. lf, SUBD. 1 q, SUBD. 3, RELATING TO FEES
The City Clerk explained that this amendment will bring the Code
Book up-to-date, deleting the 1987 fees and incorporating the UBC
fees that were adopted in the recodification.
Smith moved and Abel seconded the following:
ORDINANCE #18-1988 AN ORDINANCE AMENDING CHAPTER V OF THE
MOUND CITY CODE, SECTION 510:40, SUBD. 2
& 6; SECTION 520:00, SUBD. 1 a (1),
SUBD. 1 a (2), SUBD. lf, SUBD. 1 g,
SUBD. 3, RELATING TO FEES
The vote was unanimously in favor. Motion carried.
PETITION FROM PROPERTY OWNERS REGARDING CONDITION OF PROPERTY LO-
CATED AT 5909 GLENWOOD ROAD
Mr. Tim Seehusen, 5910 Glenwood Road, presented the petition with
24 signatures which read as follows:
"Petition concerning property located at 5909 Glenwood Road,
Mound, and occupied by Richard Janke:
The people whose signatures appear below request that the
property be inspected to determine its condition and its af-
fect on properties located nearby.
- Exterior of house and garage in disrepair.
- Garage is approximately 3 feet from fence belonging to
adjacent property.
- Garage appears to be full of paper, old tools and dis-
carded junk.
- Rats and other rodents in and near property.
- Interior of home has wall in cellar that is collapsing.
- Four trucks are parked in yard.
- Consensus of many neighbors is that house should be
condemned as uninhabitable."
Mr. Seehusen presented some pictures taken that day of the
property.
Ms. Lucille Mass, 5901 Glenwood Road, reviewed her letter of com-
plaint about the Janke property, and the her claim that this un-
sightly house is lowering the value of all the property around it
as well as being a health and safety problem.
The City Attorney explained that there is a hazardous building
statute but that in order to obtain a search warrant .it has to be
proved in court with sworn evidence that the people living in
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November 15, 1988
the home are putting their safety, health and welfare in danger.
MOTION made by Smith, seconded by Abel directing the Build-
ing Official to qo out with a camera and list infractions to
the nuisance ordinance that can be sited for abatement and
report back to the Council at the next- meeting. The vote
was unanimously in favor. Motion carried.
REVIEW OF REQUEST TO DNR TO DREDGE A PORTION OF LOST LAKE CHANNEL
BY LOST LAKE HOMEOWNERS ASSOCIATION
The City Manager explained that the DNR routinely sends these
dredging applications to us for comments. The Planning Commis-
sion and the Park Commission have reviewed this and see no
problem. The application is to dredge approximately 200 feet
from the mouth of the Lost Lake Channel under the bridge, 4 feet
deep.
Tim King, 2447 Lost Lake Road, was present representing the Lost
Lake Homeowners Assoc. who have made the application.
Pat Meisel, 5501 Bartlett Blvd., owner of property on one side of
the Lost Lake Channel expressed concern about the width of the
,dredge and the possibility of causing the sides of the channel to
erode.
Bill Reutiman, attorney representing John Wagman, 5469 Bartlett
Blvd. voiced objections to the application for dredging because
his client owns the property for this channel and he and the
other property owner abutting the channel have to maintain the
channel sides. He recommended denial of the request for the
dredge.
The City Attorney pointed out that the City has no jurisdiction
to approve or disapprove this application. It was sent to the
city only for comments.
No action was taken by the City Council.
PROPOSED AGREEMENT BETWEEN THE CITY OF MINNETRISTA AND THE CITY
OF MOUND RELATIVE TO PROVIDING SEWER UTILITY SERVICE TO TWO MIN-
NETRISTA PROPERTY OWNERS
The City Engineer explained that this Agreement has now been ap-
proved by the City of Minnetrista with two minor changes. The
last Whereas on the first page should read as follows: "Whereas,
the parties have mutually agreed that it is in the best interest
of public health, safety and welfare to provide sanitary sewer
service from the Mound system to the Minnetrista property owners,
and that Minnetrista and the Owners of said properties will pay
to Mound the following established amounts and will abide by the
rules and regulations established for the Mound system and as set
forth in this Agreement."
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November 15, 1988
Minnetrista also asked the #14 be added which reads as follows:
"14. This Agreement and provision of sewer service shall not be
considered as evidence in any detachment or annexation
proceedings."
The two properties to be served by Mound's sanitary sewer are:
PID #15-117-24 41 0001 and #15-117-24 41 0002.
Jessen moved and Abel seconded the following resolution:
RESOLUTION #88-176 RESOLUTION TO AUTHORIZE THE MAYOR AND
CITY MANAGER TO ENTER INTO AN AGREEMENT
BETWEEN THE CITY OF MINNETRISTA AND THE
CITY OF MOUND RELATIVE TO PROVIDING
UTILITY SERVICE TO TWO MINNETRISTA
PROPERTY OWNERS
The vote was unanimously in favor. Motion carried.
PAYMENT REQUEST #6, PUBLIC WORRS FACILITY
The City Engineer stated he has reviewed the payment request from
Loeffel-Engstrand in the amount of $11,065.60 and recommends ap-
proval. They are also recommending a 5% retainage, $34,950.35,
to assure final acceptance.
MOTION by Abel, seconded by Jensen to authorize payment
request #6, to Loeffel-Engstrand in the amount of $11,065.60
for work completed on the Public Works Facility through Oc-
tober 31, 1988. The vote was unanimously in favor. Motion
carried.
STATE GAMBLING LICENSE RENEWAL FOR THE AMERICAN LEGION POST #395
The City Clerk explained that unless the Council has a problem
with the State renewing a Gambling License for American Legion
Post #395 operation of pull-tabs, they need not take any action.
No action was taken.
LICENSE RENEWAL - ENTERTAINMENT PERMIT - JOCK CLUB
Motion by Abel, seconded by Smith to authorize the issuance
of and Entertainment Permit to the Jock Club, 5241 Shoreline
Blvd. License period 12-1-88 to 11-30-89. Approval contin-
gent upon all required forms, insurance, etc. being turned
in. 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 $221,716.08, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
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November 15, 1988
INFORMATION/MISCELLANEOUS
A. Department Head Monthly Reports for October 1988.
B. Lake Level, Flow & Precipitation Summary for September 1988.
C. REMINDER: Last Regular Meeting in November will be November
29, 1988.
MOTION made by Jessen, seconded by Abel to adjourn at 9:30
P.M. The vote was unanimously in favor. Motion carried.
~~~~ ~~
Fran Clark, CMC, City Clerk
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