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1989-04-2553 April 25, 1989 MINUTEB - MOUND CITY COUNCIL - APRIL 25, 1989 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 25, 1989, at 7:30 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 Curt Pearson, City Engineer John Cameron, Finance Director John Norman, Building Official Jan Bertrand, City Auditor Gary Groen and the following interested citizens: Vic Cossette, Oswin Pflug, Mark & Stacy Goldberg, Phil Lansing, Mike Mueller, Louise and Mark Anderson, Neil Weber, Paul Henry, Lance Cole, Shirley Spraguer, Freda Olson, Gona & Clay Olson, Jack Cook, Jim Robin, Paul Withers, Jack Wang and Jim Jarenko. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES The City Manager stated that there should be an amendment to the April 11 Minutes. On page 1180, first paragraph under Triax request, the second sentence which reads as follows should be deleted: "This would replace the two 15 foot satellite dishes now in place." MOTION made by Johnson seconded by Jensen to approve the minutes of the April 11, 1989, Regular Meeting as amended and the April 18, 1989, Special Meeting as submitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS City Manager Ed Shukle explained that the revised amount was $5,488.60. Mayor Smith opened the Public Hearing regarding delinquent utility bills. There was no one present in the audience who wished to speak on this issue. The Mayor closed the Public Hearing. Jessen moved and Ahrens seconded the following resolution: RESOLUTION 89-40 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $5,488.60 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE TO THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. 54 April 25, 1989 CASE #89-804: MARK AND STACY GOLDBERG, 4853 ISLAND VIEW DRIVE, LOT 4, BLOCK 14, DEVON, PID #25-117-24 11 0037, RECONSIDERATION OF VARIANCE DUE TO STRUCTURAL CON- DITIONS The Building Official explained that after Resolution #89-33 was granted and the remodeling was started (without a permit), it was discovered that the house did not have the proper frost foot- ings, the garage walls did not have any footings, and the house caved in. Also discovered was a sewer easement on the property which will limit construction and where the boathouse can be relocated on the applicants property. Mr. Goldberg is now asking to be allowed to rebuild the home in the same footprint and requesting that the boathouse be allowed to remain where it is on public property. The Planning Commission recommended approval of the reconstruction in the same footprint, but asked that the boathouse be relocated onto the applicant's property. The Council discussed the problems and decided to amend resolu- tion #89-33 allowing the reconstruction of the home in the same footprint and granting a 3 foot side yard variance and 4 foot setback variance for the boathouse which will be moved onto the applicants property. The applicant also agreed to survey and restake the property before the moving of the boathouse. Jensen moved and Smith seconded the following resolution: RESOLUTION #89-41 RESOLUTION TO AMEND RESOLUTION #89-33 AND ALLOW RECONSTRUCTION OF THE HOME IN THE SAME FOOTPRINT AND GRANT VARIANCES FOR THE POSITIONING OF THE BOATHOUSE OFF OF PUBLIC PROPERTY AND ONTO THE AP- PLICANTS PROPERTY, P & Z CASE #89-804, PID #25-117-24 11 0037, LOT 4, BLOCK 14, DEVON The vote was unanimously in favor. Motion carried. PRESENTATION BY JIM ROBIN, LANDSCAPE ARCHITECT, RE: BEAUTIFICA- TION OF COUNTY ROAD 15 Jim Robin, Landscape Architect who has been retained by the Wes- tonka Area Chamber of Commerce, presented his proposal for the beautification of Shoreline Blvd. The design recommendations are focused on resolving the issues which this project has brought to light and on developing a unified design that would give con- tinuity to the appearance of County Road 15 from Navarre to Mound. He recommended that the plan be adopted by the three par- ticipating cities as a guide to be used in the design, review and implementation of new development along the road. 55 April 25, 1989 MOTION made by Johnson, seconded by Jensen to formally ac- cept the beautification plan, as presented by James Robin, for Shoreline Blvd. (County Road 15). The vote was unanim- ously in favor. Motion carried. CASE #88-732: VIC COSSETTE, ARCO/CENTURY CO., 5533 SHORELINE BLVD., LOT 5 AND WESTERLY 50~ OF LOT 6, AUDITORS SUBDIVISION 170, PID #13-117-24 33 0007.._& 0008. CONDITIONAL USE PERMIT AMENDMENT The Building Official explained that she has tested the decibels at the property and that with the meter facing the microphone towards the speaker, it read 55 to 65 decibels, with background/traffic noise it increased to 70+ decibels. She fur- ther reported that Mr. Cossette has now installed a volume con- trol. She did inform Mr. Cossette that an air compressor on the site read 75 to 80 decibels and he has ordered an intake filter for the compressor to decrease the noise level of the unit. The Planning Commission recommended amending Resolution #89-1, item 2, to read as follows: "Additionally, loud noises or noises over loud speakers be permitted if not allowed to exceed 65 decibels at the property line." Mr. Cossette agreed with the language and the corrections. The City Attorney suggested that this amendment to the Condi- tional Use Permit be filed with Hennepin County. Johnson moved and Jensen seconded the following resolution: RESOLUTION #89-42 RESOLUTION TO AMEND RESOLUTION #89-1, ITEM #2, FOR VIC COSSETTE, ARCO/CENTURY, COS., 5533 SHORELINE BLVD., LOT 5 AND WESTERLY 50~ OF LOT 6, AUDITORS SUB- DIVISION 170, PID #13-117-24 33 0007, P & Z CASE #88-732 The vote was unanimously in favor. Motion carried. APPLICATION FOR OPERATIONS PERMIT: HBC, INC., 5340 SHORELINE BOULEVARD The Building Official explained that Helo Saunas from Finland (HBC, Inc.) as applicant and Balboa as the owner of the building are in violation of Section 23.650 for not securing all necessary permits prior to initiating operations of the business. HBC, Inc. has now applied for an operations permit to establish a business which will distribute and manufacture saunas and whirlpool tubs. There are three violations to building and/or fire codes which are as follows: 1. The business does not contain proper separation between storage areas and warehouse areas; 2. The rack storage in the warehouse area exceeds allowed heights; 56 April 25, 1989 3. Propane tanks are not properly secured and stored on the exterior of the building. The Planning Commission and the Staff recommend approval subject to full and immediate compliance with all code requirements. Smith moved and Johnson seconded the following resolution: RESOLUTION #89-43 RESOLUTION TO APPROVE AN OPERATIONS PER- MIT FOR HBC, INC., 5340 SHORELINE BOULEVARD SUBJECT TO FULL AND IMMEDIATE COMPLIANCE WITH ALL CODE REQUIREMENTS The vote was unanimously in favor. Motion carried. CASE #89-809: JACK COOK, 4452 DENBIGH ROAD, BLOCK 1, LOT 2, AVALON, PID #19-117-23-24 0002, VARIANCE The Building Official explained the background and stated that the Planning Commission and Staff recommended denial and that the applicant be required to comply with the findings outlined in Resolution #87-191. The applicant stated that he and his neighbor, Sandra Konnad now agree that the deck at a continuous level would look better than one on different planes, even though it encroaches 1 foot onto the property to the west. Mr. Cook stated that he would contact Ms. Konnad and see if she were willing to sell a small piece of land to correct the encroachment. MOTION made by Smith, seconded by Johnson to table this item until the May 23, 1989, Meeting to allow Mr. Cook time to rectify the encroachment problem. The vote was unanimously in favor. Motion carried. REQUEST TO SELL CITY OWNED PROPERTY: LOTS 13 & 14, BLOCK 11, DEVON The City Clerk explained the background of this property and that a neighbor has approached the City to purchase the property so that it will not be developed. The Park Commission recommended that the City Council retain these lots as a passive park, post a sign "no dumping, nature conservation area", and have the builder clean his debris from the lot. Shirley Spraguer stated that the lot has been cleaned up. Mark Anderson (neighbor) and Tom Casey (Park Commissioner) agreed with the recommendation. 57 April 25, 1989 MOTION made by Johnson, seconded by Jessen, to retain Lots 13 & 14, Block 14, Devon as a passive park and send a request to the Park Commission to develop signage and pos- sibly a name for the park. The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were no comments or suggestions. PRESENTATION OF 1988 FINANCIAL AIIDIT REPORT, DRAFT - GARY GROEN, ABDO, ABDO & EICR Gary Groen, Auditor, and John Norman, Finance Director high- lighted the 1988 Financial Audit. The City Manager explained that the final audit will be completed in 4 to 6 weeks. The reason for the delay is that we will be applying for the Govern- ment Finance Officers Association Certificate of Conformance which had required more narrative and information. No action was taken on this item. APPLICATION FOR INSTALLATION OF RIP-RAP LAREWINDS ASSOCIATION The Council had no comments on the application to the Minnesota Department of Natural Resources for rip-rapping the shoreline at the Lakewinds Condominiums. TAX FORFEIT PROPERTY The City Clerk explained that there are 6 parcels that have come up tax forfeit. Two should be released for sale to adjoining property owners only: PID #13-117-24 11 0107 and 13-117-24 14 0035. Four should be kept for drainage, wetlands or because they are unbuildable: PID #19-117-23 32 0189, 24-117-24 44 0121, 25- 117-24 12 0030 and 30-117-23 22 0047. Johnson moved and Jensen seconded the following resolution: RESOLUTION #89-44 RESOLUTION RECONVEYING (IF NECESSARY) CERTAIN TAX FORFEIT LANDS BACK TO THE STATE AND REQUESTING THE COUNTY BOARD TO APPROVE CONDITIONS ON THE SALE OF SAID TAX FORFEIT LANDS AND TO RESTRICT THE SALE TO OWPTERS OF ADJOINING LANDS The vote was unanimously in favor. Motion carried. Jensen moved and Jessen seconded the following resolution: RESOLUTION #89-45 RESOLUTION AUTHORIZING APPLICATION FOR CONVEYANCE FROM THE STATE OF CERTAIN TAX FORFEIT LANDS 58 April 25, 1989 The vote was unanimously in favor. Motion carried. DENBIGH ROAD STREET IMPROVEMENT PETITION The City Engineer explained that he has received a petition for concrete curb and gutter, bituminous paving and storm sewer, Lots 88 through 99, Phelps Island Park, First Division, which is an unimproved private road. This item has come up several times before but since all the neighbors are not in favor of the im- provement, it has been denied each time. The Engineer stated that the estimated cost of the improvement is now $33,000.00, but this does not include acquisition of right-of-way. The following persons spoke in favor of the project: Paul Withers, Jack Wang, and Jim Jarenko. The following persons spoke against the project: Oswin Pflug and Freda Olson. The Council asked that the people in favor of the project nego- tiate with those against the project to try and get full agree- ment of all property owners to proceed with the project. MOTION made by Johnson, seconded by Smith to table this item until the May 23rd Council Meeting to allow the neighbors time to get full agreement on the project. The vote was un- animously in favor. Motion carried. STOP LIGHT AT COMMERCE BLVD. AND LYNWOOD BLVD. The City Manager reported that the Hennepin County has now agreed to leave the accesses from Commerce Blvd. to the Tonka West Shop- ping Center open with "enter only" restrictions and install the stop light at the corner of Commerce Blvd. and Lynwood Blvd. He further reported that the County would be able to install the signal light by late this year if the Council approves. Phil Lansing and Mike Mueller, owners of the Tonka West Shopping Cen- ter, stated they are against the "enter only" restriction and presented a letter from their tenants which also stated objec- tion. The letter was signed by the owners of the following businesses: West Lake Pharmacy, Brickley's Market, D'Vinci's Italian Cafe and Home Laundry. The Council discussed the objections and decided to go along with the County's recommendation and review the situation after the signal light is installed. Johnson moved and Jensen seconded the following resolution: RESOLUTION #89-46 RESOLUTION APPROVING A PROPOSAL BY HEN- NEPIN COUNTY TO INSTALL A STOPLIGHT AT THE INTERSECTION OF COMMERCE BLVD. AND LYNWOOD BLVD.; MOVING CROSSWALK FROM MID 59 April 25, 1989 [] BLOCK OF COMMERCE BLVD. (BEN FRANKLIN) TO SOUTH SIDE OF INTERSECTION AT COM- MERCE BLVD. AND LYNWOOD BLVD. AND ALLOW- ING ACCESSES TO PARKING LOT ON EAST SIDE OF COMMERCE BLVD. (TONRA WEST CENTER) TO REMAIN OPEN WITH "ENTER ONLY" RESTRIC- TIONS WITH WORK TO BEGIN AS SOON AS POS- SIBLE The vote was unanimously in favor. Motion carried. AMENDMENT TO SOLID WASTE AGREEMENT WITH HENNEPIN COUNTY (RECYCLING) MOTION made by Jensen, seconded by Jensen to amend the 1988 Solid Waste Agreement No. 80351 with Hennepin County as proposed by Hennepin County. The vote was unanimously in favor. Motion carried. 1 ORDINANCE AMENDMENT - MECHANICAL CONTRACTORS The Building Official explained that this ordinance is being brought back to the Council amended as they asked at the last meeting. The Council discussed competency testing. The Building Official will check to see if Mound can use Minnetonka's testing procedure. Smith moved and Ahrens seconded the following: ORDINANCE #25-1989 AND ORDINANCE AMENDING SECTIONS 311:00 AND 311:05 OF THE CITY CODE RELATING TO MECHANICAL AND GAS PIPING PERMITS AND REGISTRATION OF CONTRACTORS i ~~ The vote was unanimously in favor. Motion carried. LICENSE RENEWALS & NEW LICENSES The following are license renewals: Bowling - 8 lanes - Mound Lanes & Pizza Games of Skill - 2 - Al & Alma"s 5 - Mack's Jock Club Juke Box - 1 - American Legion #398 1 - VFW #5113 Pool Table - 4 - Mack's Jock Club 2 - VFW #5113 Restaurant - Al & Alma's American Legion #398 Domino's Pizza #1974 D'Vinci's Mound Happy Garden Hardee's House of Moy Mack's Jock Club Mound Lanes & Pizza Taco Deli VFW #5113 60 April 25, 1989 The following are new license applications: Restaurant - Subway Sandwiches & Salads Gambling Licenses - Off site - Northwest Tonka Lions Class C (Bingo only) - VFW #5113 MOTION made by Ahrens, seconded by Jensen to authorize the issuance of the above licenses contingent upon all required forms, insurances, etc. being turned in. The vote was un- animously in favor. Motion carried. GARDEN LEASE MOTION made by Jessen, seconded by Jensen to approve a gar- den lease for Ray Kramer for Lots 10, 11 and 12, Block 4, L.P. Crevier~s Subdivision Part of Lot 36 Lafayette Park. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS MOTION made by Jensen, seconded by Ahrens to authorize the payment of bills as presented on the pre-list in the amount of $162,360.16, when funds are available. A roll call vote was unanimously in favor. Motion carried. STORM SEWER REPAIR - EMERALD DRIVE The City Engineer explained that there is an old storm sewer lo- cated in Emerald Drive, just northeast of its intersection with Wilshire Blvd. that over this winter apparently broke out a sec- tion of the pipe and the subgrade of the street keeps washing into the opening. He then presented the proposal to repair this area from Widmer which includes replacing approximately 98 feet of 24" R.C.P., a new manhole and outlet structure at a cost of $9,714.50. MOTION made by Jensen, seconded by Ahrens to authorize the replacement of an old storm sewer located in Emerald Drive, just northeast of its intersection with Wilshire Blvd. to be done by Widmer at a cost of $9,714.50. The vote was unanim- ously in favor. Motion carried. COUNTY ROAD 15 - ADDITIONAL CONCRETE The City Engineer explained that there is an area approximately 40" wide between the back of the curb and the inside edge of the sidewalk that is proposed to be sodded. The area in Mound af- fected extends from just east of Wilshire Blvd. to approximately Northern Road. Orono and Spring Park have already requested the County to fill this with 4" thick concrete because sod will not live in the area with the salt/sand in the winter. The County has quoted a price of $2.20/S.F. less $.34, their share of the cost for a net cost to the City of $1.86/S.F., a total of ap- proximately $23,622. Public Works and the City Engineer 61 April 25, 1989 recommend this area be paved to eliminate future maintenance problems, not only from snow removal, but also dead sod. The Council discussed this and the County Road 15 beautification project . MOTION made by Johnson, seconded by Smith directing the City Manager to find an alternative to concrete that would look better than concrete for the area extending from just east of Wilshire Blvd. to approximately Northern Road. This is to be brought back to the next Council Meeting. The vote was 4 in favor with Ahrens voting nay. Motion carried. WAIVER OF WAITING PERIOD FOR OFF-SITE GAMBLING LICENSE MOTION made by Smith, seconded the day waiting period for an off site Northwest Tonka Lions, for Friday, Arena. The City Clerk will notify Commission of the waiver. The v favor. Motion carried. COMMUNITY ENERGY COUNCIL Jessen to waive the 60 gambling permit for the June 9th, at the Pond the Charitable Gambling ote was unanimously in The City Clerk explained that the West Hennepin Human Services Planning Board (WHHS) has asked Mound, Spring Park and Wayzata to jointly participate in a program to provide energy conservation services to the residents of those cities. The program would be administered by WHHS and the funds would come from the utilities to pay for the service and Community Energy Council Grant funds from the Minnesota Department of Public Service to cover ad- ministrative costs. The programs provided would be home energy audits and weatherization. Johnson moved and Jessen seconded the following resolution: RESOLUTION #89-47 RESOLUTION TO ESTABLISH A JOINT COM- MUNITY ENERGY COUNCIL BETWEEN THE CITIES OF MOUND, SPRING PARR AND WAYZATA The vote was unanimously in favor. Motion carried. Johnson moved and Jensen seconded the following resolution: RESOLUTION #89-48 RESOLUTION AUTHORIZING MOUND TO ACT AS LEAD COMMUNITY IN INITIATING A JOINT AGREEMENT WITH SPRING PARR AND WAYZATA FOR THE SUBURBAN ENERGY CONSERVATION PROGRAM TO BE FUNDED BY MINNEGASCO, NORTHERN STATES POWER AND THE STATE OF MINNESOTA~B DEPARTMENT OF PUBLIC SERV- ICE, ENERGY DIVISION 62 April 25, 1989 The vote was unanimously in favor. Motion carried. Johnson moved and Ahrens seconded the following resolution: RESOLUTION #89-49 RESOLUTION APPROVING THE GRANT FORM AP- PLICATION FOR THE COMMUNITY ENERGY COUN- CIL GRANT The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. March 1989 Financial Report as prepared by John Norman, Finance Director. B. Planning Commission Minutes of April 10, 1989. C. Park Commission Minutes of April 13, 1989. D. LMCD Minutes of March 29, 1989. E. Memo from Senator Gen Olson regarding S.F. 1129 and S.F. 187, two bills that would affect Lake Minnetonka and Mobile Home Parks. F. Program Schedule for the Annual League of Minnesota Cities Conference to be held June 6-9, at the Hyatt Regency Hotel in downtown Minneapolis. The annual conference is an event that I would recommend you attend. Let Fran know, if you wish to attend, by May 19, 1989. G. In conjunction with the LMC Conference, the National League of Cities is sponsoring a one-day seminar called "Strategies and Steps for a Dynamic Downtown". This will be held on Tuesday, June 6th, from 8 AM to 5:30 PM. The LMC Conference begins at 6:30 PM. The NLC seminar will also be held at the Hyatt. I would recommend this to you as well. This seminar may be valuable for our newly created Economic Development Commission (EDC). If you have no objection, I will inform the EDC at its first meeting, of this seminar, and I will indicate to them that the City will pay their registration. The Council agreed to paying the registration fees for the EDC. H. News Release from Hennepin County Board of Commissioners en- titled, "Recycle Plastic - Don't Throw It Away and Don't Ban It". I. City of Mound received an award at the annual Recycling Luncheon sponsored by Hennepin County on April 19th. Mound was awarded by achieving the County's 1988 Goal of Recy- cling 9% of the solid waste stream. The award was presented to Mayor Smith by Hennepin County Commissioner Randy 63 April 25, 1989 Johnson. J. The Association of Metropolitan Municipalities (AMM) has developed a brochure on understanding property tax impact. It is entitled "Property Tax Impact Made Understandable". K. The Citizen's Task Force on Public Facilities has requested that the City Council appear at their next meeting to dis- cuss informally the Task Force's work. Please plan on at- tending the meeting. It will be held Thursday, May 4, 1989, 7:00 PM, City Hall. MOTION made by Jensen, seconded by Johnson to adjourn at 10:45 P.M. The vote was unanimously in favor. Motion carried. J. Shukle ~~1,f~ rv~ ~ X.~J~ Jl'~ Fran Clark, LMC, City Clerk