1989-04-1143
April 11, 1989
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MINUTES - MOUND CITY COUNCIL - APRIL 11, 1989
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, April 11, 1989, at 7:00 P.M., in the
Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Steve Smith, Councilmembers Andrea Ah-
rens, Liz Jensen, Phyllis Jensen, and Skip Johnson. Also present
were: City Manager Edward J. Shukle, Jr, City Clerk Fran Clark,
City Attorney Jim Larson, and Building Official Jan Bertrand and
the following interested citizens: Jim Roberge, Curt Brekke,
Paul Willette, Steve Helland, Craig Schumacher, Richard Skala,
Rob Maiers, Jim Naber, and Lance Cole.
The Council met at 7:00 P.M. and interviewed Tim Kenealy for the
Economic Development Commission. Mary Olson Coleman did not ap-
pear for her interview. The regular meeting started at 7:30 P.M.
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 March 15, 1989, Regular Meetinq and the
April 1, 1989, Special Meetinq as submitted. The vote was
unanimously in favor. Motion carried.
PUBLIC HEARING: CASE #89-807: CONSIDERATION OF A CONDITIONAL
USE PERMIT FOR A CLASS II RESTAURANT FAST
FOOD AND CONVENIENCE DRIVE-UP WINDOW IN THE
B-1 CENTRAL BUSINESS DISTRICT LOCATED AT 5307
SHORELINE BLVD., SHIRLEY HILLS UNIT "F",
BLOCK 3, LOTS 1, 2 & 3, PID #13-117-24 34
0038/0039/0040
The Building Official reviewed the applicant's request for condi-
tional use permit approval for a Subway Sandwiches and Salad
Shop. The Staff and Planning Commission recommended approval
subject to the following conditions:
1. The microphone and order board shall be moved to the south-
west corner of the parking along the west side of the build-
ing allowing a minimum of 120 feet of stacking distance for
waiting vehicles. The microphone and order board shall be
protected by a raised bituminous or concrete median area
with a 6 inch curb.
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April 11, 1989
2. A four foot wide, bituminous curbed median section will be
constructed along the south edge of the property estab-
lishing a full movement entrance/exit on the west end and
exit only on the east end. The east end shall be signed
"Exit Only". Parking along the south side shall be in-
stalled at a 45 degree angle.
3. All signage shall conform to the Mound Sign Ordinance.
4. The public address system shall not be audible from any
residential use and shall meet all State noise requirements.
5. All parking stalls shall be sized to meet city code. All
parking stalls shall be clearly delineated by painted lines
and shall be repainted as necessary to remain functional.
6. A bituminous or concrete curbed raised median area shall be
constructed as shown on the site plan at the southeast cor-
ner of the building to separate drive-in traffic from south-
bound vehicles along the east side of the property. The
median should contain reflector signage to enhance
visibility.
7. Painted stripes shall be used to delineate the drive-through
aisle area. The striping shall be repainted as necessary to
maintain the area's function.
8. A trash enclosure shall be constructed consistent with city
code requirements.
9. A performance bond for the physical improvements in an
amount established by the City Engineer shall be forwarded
to the city prior to building permit issuance.
10. The applicant shall prepare a new site plan consistent with
the final recommended conditional use permit and submit it
to the City Planner for review and approval prior to build-
ing permit issuance.
The applicant, Tim Johnson, stated he nor the landlord have any
problems with the staff recommendation.
Johnson moved and Ahrens seconded the following resolution:
RESOLUTION #89-35 RESOLUTION TO APPROVE A CONDITIONAL USE
PERMIT FOR A CLASS II RESTAURANT FAST
FOOD AND CONVENIENCE DRIVE-UP WINDOW IN
THE B-1 CENTRAL BUSINESS DISTRICT LO-
CATED AT 5307 SHORELINE BLVD., SHIRLEY
HILLS UNIT ~'F", BLOCK 3, LOTS 1, 2 & 3,
PID #13-117-24 34 0038/0039/0040, P & Z
CASE #89-807, SUBWAY SANDWICH & SALAD
SHOP
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April 11, 1989
The vote was unanimously in favor. Motion carried.
CASE #89-805: RESOLUTION DENYING THE APPLICATION OF JOSEPH LEM-
MERMAN FOR A WAIVER OF PLATTING ORDINANCE - LOT
55, AUDITOR'S SUBDIVISION #168 AT 5950 BARTLETT
BLVD.
The Building Official explained that this resolution was prepared
to give the reasons for denial of the request at the March 15,
1989, meeting.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #89-36 RESOLUTION DENYING THE APPLICATION OF
JOSEPH LEMMERMAN FOR A WAIVER OF PLAT-
TING ORDINANCE - LOT 55, AUDITOR'S SUB-
DIVISION #168 AT 5950 BARTLETT BLVD.,
PID #23-117-2413 0032, P & Z CASE #89-
805
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The vote was unanimously in favor. Motion carried.
BID AWARD: 1989 SEAL COAT PROGRAM
The City Manager explained that three bids were received for the
1989 Seal Coat Program. They were as follows:
Allied Blacktop, Inc.
Minnesota Roadways, Inc.
Bituminous Roadways, Inc.
$29,971.00
$38,590.00
$47,600.00
The recommendation is to award to Allied Blacktop.
Jensen moved and Jensen seconded the following resolution:
RESOLUTION #89-37 RESOLUTION TO AWARD THE BID FOR THE 1989
SEAL COAT PROGRAM TO ALLIED BLACKTOP,
INC. IN THE AMOUNT OF $29,971.00
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The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
There were no comments or suggestions.
REVIEW OF ORDINANCE #24-1989 - ORDINANCE ADDING SECTION 311 TO
THE CITY CODE RELATING TO MECHANICAL AND GAS PIPING REGULATIONS
AND ADDING SECTION 520:00, SUBSECTION (i) RELATING TO FEES FOR
SAID PERMITS AND REGISTRATION
Mayor Smith stated he asked to have this on the agenda for review
because he had received several calls regarding the licensing
from other cities section of this ordinance.
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April 11, 1989
The Building Official stated that she has spoken with the
mechanical contractors present tonight and understands their
problem with some of the language in the new ordinance. There-
fore, she is recommending that an amendment be made to this or-
dinance. Section 311:00 currently reads as follows:
Section 311:00. Permit Required, Fees. It is unlawful for
any person to perform any work on mechanical systems, in-
cluding gas piping, of a building regulated by this Code
without first having obtained a permit and paid the fees
required in Chapter 5. Permits required by this section may
be issued only to persons duly licensed as mechanical con-
tractors by the City of Minneapolis, Minnetonka,
Bloomington, or some other licensing authority which is
deemed equal by the Administrative Authority.
She recommends it be amended to read as follows:
Section 311:00. Permit Required, Fees. It is unlawful for
any person to perform any work on mechanical systems, in-
cluding gas piping, of a building regulated by this Code
without first having obtained a permit and paid the fees
required in Chapter 5.
Section 311:05 currently reads as follows:
Section 311:05. Mechanical Contractor's License, Registra-
tion, Fee and Bond. Each person, firm, or corporation doing
mechanical or gas piping installation, repair, or connection
for hire within this City, shall have a current license as
mechanical contractor from the City of Minneapolis, Min-
netonka, Bloomington, or from some other licensing authority
which is deemed equal by the Administrative Authority, and
shall first apply to the City for the registration with the
City of such license, and shall pay the following registra-
tion fee and shall file with the City Clerk the following
bond, insurance, and other requirements:
She is recommends it be amended to read as follows:
Section 311:05. Mechanical Contractor's License, Registra-
tion, Fee and Bond. Each person, firm, or corporation doing
mechanical or gas piping installation, repair, or connection
for hire within this City, shall pay the following registra-
tion fee and shall file with the City Clerk the following
bond, insurance, and other requirements:
Paul Willette asked if there could be a definition of "mechanical
contractor" incorporated into the ordinance. The Building Offi-
cial stated that the State Building Code defines the scope of
mechanical work as heating, air conditioning, ventilation and
refrigeration. This is incorporated by reference in the City
Code.
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April 11, 1989
Smith moved and Ahrens seconded a motion directing staff to
prepare an ordinance amendment for Sections 311:00 and
311:05 as recommended above. This will be brought back to
the next meeting for approval. The vote was unanimously in
favor. Motion carried.
REQUEST FOR AN EXTENSION OF RESOLUTION #83-163 - SETBACK FOR
TRIAX MIDWEST ASSOCIATES. L.P. TO PLACE A SATELLITE DISH
The Building Official explained that this request was to allow a
20 foot setback to place a 10 foot satellite dish to receive the
Midwest Sports Channel. This would replace the two 15 foot
satellite dishes now in place.
The City Attorney stated that because this is a completely dif-
ferent request than the 1983 resolution allowed and is really not
an extension of that resolution, it should go to the Planning
Commission for their recommendation before being considered by
the City Council. The City Council agreed. The item will go to
the Planning Commission on April 24 and be brought back to the
Council on April 25 for consideration.
PAYMENT OF BILLS
MOTION made by Jensen, seconded by Jessen to authorize the
payment of bills as presented on the pre-list in the amount
of $150,342.22, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
SET DATES FOR PUBLIC HEARINGS
A. MOTION made by Jensen, seconded by Smith to set a public
hearing for May 9, 1989, at 7:30 P.M. to consider a major
subdivision and conditional use permit for three (3) town
house units to be constructed in a B-2 General Business Dis-
trict located at 5545 Three Points Blvd., Lafayette Park
Lake Minnetonka, Part of Lot 27 and Part of Govt. Lot 4, PID
#13-117-24 22 0023. The vote was unanimously in favor. Mo-
tion carried.
B. MOTION made by Jessen, seconded by Ahrens to set a public
hearing for May 9, 1989, at 7:30 P.M. to consider rezoning
from a B-3, Neighborhood Business District to a B-2, General
Business District to allow the operation of a Class III res-
taurant at 4451 Wilshire Blvd., Lots 1 through 18, Block 8,
Avalon, PID #19-117-23 31 0021. The vote was unanimously in
favor. Motion carried.
C. MOTION made by Johnson, seconded by Smith to set a public
hearing for May 9, 1989, at 7:30 P.M. to consider a condi-
tional use permit for a commercial recreational use (bingo
hall) in the B-1 Central Business District located at 2313
Commerce Blvd., Lynwold Park, Part of Lots 54 & 55, PID #14-
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April 11, 1989
117-24 44 0042. The vote was unanimously in favor. Motion
carried.
GARDEN LEASE
MOTION made by Jessen, seconded by Jensen to authorize the
Mayor and City Manager to enter into a garden lease with
Herman Schrupp for Lot 22, Block 5, Dreamwood, PID #13-117-
24 12 0026 for one year. The vote was unanimously in favor.
Motion carried.
RECYCLING UPDATE - COUNCILMEMBER JOHNSON
Councilmember Johnson reported that Mound now has approximately
1/3 household participation in the .recycling program. He stated
we need more and made the following suggestions to increase
participation:
1. Leaf collection - 80% reimbursement from Hennepin
County in 1989.
2. Utilize a drawing for
from Hennepin County.
instead of using mone
from local businesses
searched.
3. Encourage recycling by
cash prizes - also reimbursable
Councilmember Ahrens asked if
.y, gift certificates purchased
could be used. This will re-
schools and businesses.
4. In the next recycling contract have a drop-off site.
5. Check into what can be done with the garbage hauler
rates for those who do recycle.
The Council discussed these items and authorized the City Manager
to proceed with the leaf collection plans and ask for reimburse-
ment from Hennepin County.
ECONOMIC DEVELOPMENT COMMISSION
The following persons applied for 6 positions on the newly
created Economic Development Commission: Michael Barlow, Ben
Marks, Mark Brewer, Fred Guttormson, Tim Kenealy, Kathryn Kluth,
Judith Marshik, Paul Meisel, Mike Mueller, Jr., and Chic Remien.
Smith moved and Jensen seconded the following resolution:
RESOLUTION #89-38 RESOLUTION APPOINTING THE FOLLOWING PER-
SONS FOR THE FOLLOWING TERMS TO THE
ECONOMIC DEVELOPMENT COMMISSION: CHIC
REMIEN AND PAUL MEISEL TO TERMS EXPIRING
DECEMBER 31, 1989; MARK BREWER AND TIM
RENEALY TO TERMS EXPIRING DECEMBER 31,
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April 11, 1989
1990; AND
TORMSON TO
1991
JUDITH MARSHIR AND FRED GUT-
TERMS EXPIRING DECEMBER 31,
The vote was unanimously in favor.
Motion carried.
Jessen moved and Johnson seconded the following resolution:
RESOLUTION #89-39 RESOLUTION TO APPOINT MAYOR STEVE SMITH
AS THE CITY COUNCIL REPRESENTATIVE TO
THE ECONOMIC DEVELOPMENT COMMISSION
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The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS:
A. March 1989 Department Head Monthly Reports.
B. Fire Fighter's Physical Agility Examination adopted by the
Mound Fire Department. Also enclosed are the newly amended
Fire Department By-Laws.
C. MWCC has scheduled Public Hearings to present its draft Im-
plementation Plan for Wastewater Treatment and Handling for
the Years 1990-2010. In order to obtain input from cities
on the plan, the MWCC will hold meetings listed on the
enclosed notice.
D. Notice of the annual Hennepin County Recycling Luncheon to
be held Wednesday, April 19, 1989, 11:30 A.M. - 1:30 P.M. at
the Sheraton Park Place.
E. You are invited to attend the annual "Save the Lake" recog-
nition dinner sponsored by the LMCD. See enclosure if you
are interested in attending.
F. LMCD mailings.
G. Letter addressed to Mayor Steve Smith from the Roseville
Citizens Council for Fair and Open Government.
H. REMINDER: Economic Development Commission interviews will
continue on Tuesday, April 11 beginning at 7:00 P.M. Tim
Kenealy will be interviewed at 7:00 P.M. and Mary Olson
Coleman at 7:10 P.M. Both interviews are prior to the
regular City Council Meeting.
I. LMCD Representative monthly report for March 1989.
EXECUTIVE SESSION
The City Council went into Executive Session at 10:00 P.M. to
discuss labor negotiations. They returned at 11:45 P.M.
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April 11, 1989
MOTION made by Smith, seconded by Johnson to adjourn at
11:45 P.M. The vote was unanimously in favor. Motion
carried.
Fran Clark, CMC, City Clerk
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