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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. 1 176 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. 2 177 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. 3 178 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 4 179 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." 5 180 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. 6 181 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 1 7