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1989-06-27100 June 27, 1989 MINUTES - MOUND CITY COUNCIL - JUNE 27, 1989 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 27, 1989, following the Board of Review, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Liz Jen- sen, Phyllis Jensen and Skip Johnson. Councilmember Andrea Ah- rens was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, Attorney Curt Pear- son, City Engineer John Cameron, Building Official Jan Bertrand, and the following interested citizens: Freda Olson, Clarkson Lindley (representing Freda Olson), Oswin Pflug, Clayton & Gona Olson, John Morgan, Jack Wang, Dennis Sandin, David Thill, Craig Watson, Daniel Johnson, Percival Jacobson, Melvin Zuckman, Daniel DeMatteo, Bill McNamee, Jack Diesing, and Karin Hawkinson. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION made by Jensen, seconded by Jessen to approve the minutes of the June 13, 1989, Regular Meeting and the June 20, 1989, Committee of the Whole Meeting, as submitted. The vote was unanimously in favor. Motion carried. CASE #89-826: MELVIN ZUCKMAN, 5012 TUXEDO BLVD., TRACT A, RLS 1150, PID #24-117-24 43 0034, VARIANCE TO ALLOW TWO PRINCIPAL STRUCTURES ON ONE ZONING LOT The Mayor explained that a letter from Mr. Zuckman's attorney has been received asking that this item be tabled at this time. MOTION made by Smith, seconded by Jensen to table Case #89- 826, Melvin Zuckman, 5012 Tuxedo Blvd., Tract A RLS 1150, PID #24-117-24 43 0034, variance to allow two principal structures on one zoning lot for 90 days. The vote was un- animously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS City Manager Ed Shukle explained that the revised amount was $2,694.54. Mayor Smith opened the Public Hearing regarding delinquent utility bills. There was no one present who wished to speak on this issue. The Mayor closed the Public Hearing. Johnson moved and Jessen seconded the following resolution: 101 June 27, 1989 RESOLUTION 89-68 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $2,694.54 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE TO THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. PUBLIC HEARING: PROPOSED STREET IMPROVEMENT - PRIVATE PORTION OF DENBIGH ROAD The City Engineer explained the background for this improvement. He showed the approximate area for the easements and explained that no survey has been done and the drawings were done when the watermain was installed in 1974. The improvement would be for concrete curb and gutter, an 18 foot two way paved road and storm sewer installation. The estimated cost in 1983 was $29,000 and in 1989 it is $41,000. He further explained that there is an er- ror in the lineal feet for the Freda Olson property. It should be 75 feet not 95 feet. The Mayor opened the public hearing. Clarkson Lindley (representing Freda Olson, 4414 Wilshire Blvd.) - stated that the only issue left was payment for the land taken because they feel there is no benefit to Ms. Olson. The City Attorney explained that the Staff recommendation was that Ms. Olson be paid the amount of her assessment, around $3,700 and he agrees with that recommendation. Oswin Pflug, 4400 Denbigh Road, stated he felt all parties should be treated the same and if Ms. Olson was to be paid for her property then he should also be paid. Clarkson Lindley stated that Ms. Olson does not need another driveway to her property but they are willing to negotiate a settlement for the land proposed to be taken. Freda Olson, read a statement agreeing with Mr. Lindley's earlier statements. Jack Wang, 4409 Denbigh Road and John Morgan, 4400 Wilshire Blvd. stated they would like to see the project proceed. The Mayor closed the public hearing. The Council discussed various items in the assessment policy. The City Attorney explained that if a negotiated settlement is not made with Ms. Olson and the Council decides to proceed with the improvement, then the City would have to start condemnation proceedings. He then explained the condemnation process. He en- , couraged negotiation of a settlement because it would be 102 June 27, 1989 ['. less costly and much more efficient. Clarkson Lindley submitted a proposed resolution which would delete his client, Ms. Olson, from the assessment and further stated the following: a. any private property to be taken, in fee or by ease- ment, from landowners not petitioning for said improvement, to be paid at fair market value; and b. that the 10" sugar maple to be taken by the project be replaced by a 6" sugar maple; and c. that at the same time as acceptance and dedication of Denbigh Lane as a public road, the affected property owners provide evidence to the City that, upon dedication as a public road, the various private easements which now permit Denbigh Lane to exist as a private street, will be extinguished and that such evidence is or will be recorded against the respective titles. of the affected properties." The City Attorney advised the Council that they can order the im- provement, have plans and specifications drawn, bids can be taken with negotiations still proceeding. Johnson moved and Jessen seconded the following resolution: RESOLUTION #89-69 RESOLUTION ORDERING THE IMPROVEMENT OF A NOW PRIVATE PORTION OF DENBIGH ROAD AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENT The vote was unanimously in favor. Motion carried. PUBLIC HEARING: CASE #89-821: CONSIDER A PRELIMINARY AND FINAL PLAT FOR COMMERCE PLACE The Building Official explained that the City Engineer and the City Planner recommended approval contingent upon the following: a. Documentation furnished to show that the proposed lot lines are located within the common walls. b. Some existing easements running in favor of the City of Mound along the south side adjacent to Lynwood Blvd., which should be shown on the final plat. c. Obtaining an easement, sufficient in size to cover the watermain, curb stops and hydrant installed through Lot 6 between Lynwood Blvd. and Church Road. d. A satisfactory resolution to the problem of the trash enclosure projecting into the City right-of-way on Fern 103 June 27, 1989 Lane. e. signage continuity be maintained. The Planning Commission recommended approval contingent upon the City Engineer's and City Planner's recommendations being met and the City Attorney researching the need for agreements relating to the encroaching dumpster and signage continuity. The City Engineer stated that he has now received a revised plat from JRW Properties. The Mayor opened the public hearing. There was no response. The Mayor closed the public hearing. The Council discussed the trash enclosure encroachment and the signage continuity. The City Attorney stated the signage con- tinuity can be incorporated in the Declaration of Covenants, Restrictions and Easements. The Council asked that the dumpster encroachment be removed from the City right-of-way before this plat will be released. Jensen moved and Johnson seconded the following resolution incor- porating all the recommendations from the City Engineer and City Planner and having the dumpster encroachment on City right-of-way removed before the plat will be released. RESOLUTION #89-70 RESOLUTION TO APPROVE THE FINAL PLAT OF COMMERCE PLACE - PID #13-117-24 33 0074 - P & Z CASE #89-821 The vote was unanimously in favor. Motion carried. PUBLIC HEARING: CASE #89-822: CONSIDER A PRELIMINARY AND FINAL PLAT FOR LANGDON VIEW LOCATED AT BEACH- WOOD ROAD AND COMMERCE BLVD. The Building Official explained that the Planning Commission recommended approval contingent upon the City Engineer's recom- mendations. These have been incorporated into the proposed resolution. The Building Official further recommended that the following item be added to the proposed resolution under A.: "7. The Developer is to establish an escrow account to cover legal, engineering and administrative fees." The City Engineer asked the A. #2 be revised to read as follows: "2. The Developer is to sign a Development Contract and furnish the City a Performance Bond in the amount of $15,000 to cover grading and drainage improvements for the entire plat and the installation of sewer and water services for Lots 2, 4, and 5 as per plans approved by 104 June 27, 1989 the City Engineer." The Mayor opened the public hearing. There was no response. The Mayor closed the public hearing. The Council questioned the $15,000 Performance Bond asking if it was enough. The City Engineer stated that in other communities the Developer submits his engineer's estimate and the City En- gineer verifies that but in Mound the City Engineer submits an estimate, so this is the City's estimate. The Engineer suggested that the grading be done and sewer and water services be put in before any building permits are issued. The Council asked if parking would be restricted to one side of Beachwood when the development is put in. The City Engineer stated yes. Johnson moved and Jessen seconded the following resolution with the changes as stated above: RESOLUTION #89-71 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE THE PRELIMINARY AND FINAL PLAT OF LANGDON VIEW SUBDIVI- SION (PID #23-117-24 13 0066, 0012, 0015 AND 0014) - P & Z CASE #89-822 The vote was unanimously in favor. Motion carried. CASE #89-815: SCOTT HILL. 4984 THREE POINT3 BLVD., LOTS 11, 12, 13, 14, BLOCK 25, SHADYWOOD POINT, PID #13-117-24 11 0105 & 0106, MINOR SUBDIVISION The Building Official explained the request and stated the Plan- ning Commission recommended approval. Mr. Thill was present and asked about any assessments or liens against the piece of property he would be getting. The City Attorney told Mr. Thill that was between he and his neighbor and not a City issue, but he should look into the matter to protect himself. Jessen moved and Jensen seconded the following resolution: RESOLUTION #89-72 RESOLUTION TO APPROVE MINOR SUBDIVISION OF LOTS 11, 12, 13, 14, BLOCK 25, SHADYWOOD POINT, PID #1 3-117-24 11 0105 & 106, (4984 & 4978 THREE POINTS BLVD.), P & Z CASE #89-815 The vote was unanimously in favor. Motion carried. CASE #89-823: CRAIG WATSON, 4610 TUXEDO BLVD., LOT 1, BLOCK 7, PEMBROKE, PID #19-117-23 33 0039, RECOGNIZE AN EX- ISTING NONCONFORMING STRUCTURE AND ALLOW A REAR YARD SETBACK VARIANCE 105 June 27, 1989 The Building Official explained the request and that the Planning Commission recommended approval with a new survey to be sub- mitted. The Applicant was present and stated he is waiting for the new survey. Smith moved and Jensen seconded the following resolution: RESOLUTION #89-73 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO RECOGNIZE A NONCONFORMING STRUCTURE AND TO ALLOW A REAR YARD SET- BACK VARIANCE FOR LOT 1, BLOCK 7, PEMBROKE, PID #19-117-23 33 0039, (4610 TUXEDO BLVD.), P & Z CASE #89-823 The vote was unanimously in favor. Motion carried. CASE #89-824: DANIEL JOHNSON, 1766 SHOREWOOD LANE, LOT 4, BLOCK 3, SHADYWOOD POINT, PID #13-117-24 11 0135, FRONT YARD SETBACK VARIANCE The Building Official explained the request and what the Planning Commission recommended. The applicant was present and stated he has revised his plans. MOTION made by Smith, seconded by Jensen to table this item and refer it back to the Planning Commission for recon- sideration. The vote was unanimously in favor. Motion carried. CASE #89-825: PERCIVAL JACOBSON, 4700 WILSHIRE BLVD., LOTS 1.,2,3,16,17 & 18, BLOCK 31, SETON, PID #19-117-23 23 0112/01.1.9, FENCE HEIGHT VARIANCE The Building Official explained the request. The Planning Com- mission recommended approval. Johnson moved and Jensen seconded the following resolution: RESOLUTION #89-74 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO ALLOW A FENCE HEIGHT VARIANCE FOR LOTS 1,2,3,16,17 & 18, BLOCK 31, SETON, PID #19-117-23 23 0112/0119, P & Z CASE #89-825 The vote was unanimously in favor. Motion carried. CASE #89-827: DANIEL & DIANE DE MATTEO, 5145 EMERALD DRIVE, LOTS 2, 3, & PART OF LOT 1, BLOCK 1, SHIRLEY HILLS UNIT C, PID #24-117-24 13 0037, RECOGNIZE AN EXISTING NONCONFORMING ACCESSORY STRUCTURE TO ALLOW STRUC- TURAL MODIFICATIONS 106 June 27, 1989 The Building Official explained the request. She explained that the Planning Commission did not agree with the staff recommenda- tion to just remove the 1.4 foot portion of the garage that is encroaching on Emerald Lane and approve the 20 foot front yard setback variance for the existing detached accessory building. They recommended removing enough of the structure to meet the setback to Emerald Lane. She further explained that this is a concrete block building and is not movable. Mr. DeMatteo was present and agreed with the Building Official's recommendation. The Council discussed the case and stated they would treat this as they had on encroachments on Commons, to remove the part that was encroaching. Johnson moved and Jensen seconded the following resolution: RESOLUTION #89-75 RESOLUTION TO RECOGNIZE AN EXISTING NON- CONFORMING ACCESSORY STRUCTURE TO ALLOW STRUCTURAL MODIFICATIONS FOR LOT 2, 3, 7 PART OF LOT 1, BLOCK 1, SHIRLEY HILLS UNIT 3, PID #24-117-24 13 0037 (5145 EMERALD LANE), P & Z CASE #89-827 The vote was unanimously in favor. Motion carried. APPLICATION FOR A SIGN PERMIT FOR LIGHT OF LIFE CHRISTIAN CENTER AT WESTONRA COMMUNITY SERVICES The Building Official explained the sign permit request is for a quasi-public organization and needs to be approved by the Coun- cil. MOTION made by Jensen, seconded by Jessen to authorize is- suance of a sign permit to Light of Life Christian Center at Westonka Community Services. The sign will be a portable sign to broadcast special speakers for religious events and also to make known the time/date/place of church meetings. Size is 3' x 6' and will be located between Westonka Com- munity Services Building and the Pond Arena. The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There was no response. BID AWARD: REPAIRS TO COUNTY ROAD 110 The City Engineer explained that these repairs are needed because of a watermain break last winter across from the new bank. The engineer's estimate for the repair is $14,522.00. He then reviewed the bids that were received: Aero Asphalt, Inc. $12,355.48 107 June 27, 1989 Midwest Asphalt $12,576.15 Valley Paving $12,730.00 Buffalo Bituminous $14,804.50 Alber Construction $18,147.00 Munn Blacktop $21,440.00 H. L. Johnson $22,706.00 Bituminous Roadways $24 101.90 The Engineer recommended the low bid of Aero Asphalt, Inc. at $12,355.48. Jessen moved and Johnson seconded the following resolution: RESOLUTION #89-76 RESOLUTION AWARDING THE BID FOR THE REPAIRS TO COUNTY ROAD 110 TO AFRO AS- PHALT, INC. IN THE AMOUNT OF $12,355.48 The vote was unanimously in favor. Motion carried. RESOLUTION AMENDING STANDARDS & GUIDELINES FOR DEFERRAL OF SPE- CIAL ASSESSMENTS BECAUSE OF HARDSHIP FOR_SENIOR CITIZENS The City Clerk reported that this would change the gross income from $10,001 to $12,500 and the interest rate from 6% to 8%. Jensen moved and Jessen seconded the following resolution: RESOLUTION #89-77 RESOLUTION AMENDING STANDARDS & GUIDELINES FOR DEFERRAL OF SPECIAL ASSESSMENTS BECAUSE OF HARDSHIP FOR SENIOR CITIZENS The vote was unanimously in favor. Motion carried. RESOLUTION TO RENAME COUNTY ROAD 15 The City Manager stated that changing the name of County Road 15 from Shoreline Boulevard to Shoreline Drive will make the name uniform from Navarre to Mound. Johnson moved and Jessen seconded the following resolution: RESOLUTION #89-78 RESOLUTION TO RENAME COUNTY ROAD 15 The vote was unanimously in favor. Motion carried. LIQUOR STORE LEASE J 1 The City Manager explained that this is a three year lease and that the price per square foot is the same ($7.50) as we have paid the last two years. 108 June 27, 1989 Jessen moved and Jensen seconded the following resolution: RESOLUTION #89-79 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE LEASE AGREEMENT WITH MARK SALITERMAN FOR MUNICIPAL LIQUOR STORE The vote was unanimously in favor. Motion carried. NORWOOD LANELBARTLETT BLVD. FINAL PAYMENT REQUEST The City Engineer explained that this project is completed and recommended approval of the final payment to Hardrives in the amount of $9,500. MOTION made by Johnson, seconded by Jensen to approve a final Payment Request from Hardrives on Norwood Lane/Bartlett Blvd. Storm sewer Improvements in the amount of $9,500.00. The vote was unanimously in favor. Motion carried. 1 MAINTENANCE PERMIT The City Manager explained that Park Commission recommended ap- proval of a maintenance permit for Michael Kraemer, 5500 Breezy Road for 8 steps down to a dock on Waterside Lane. MOTION made by Jessen, seconded by Johnson to approve a request for Maintenance Permit for Michael Kraemer, 5500 Breezy Road - to construct 8 steps down to dock on Waterside Lane. The vote was unanimously in favor. Motion carried. GAMES OF SKILL ORDINANCE AMENDMENT The City Clerk explained that if a game is not popular it is ex- changed for another. Our ordinance currently does not allow the transfer of a license to another game or device. This amendment would allow a transfer to another game or device. If would also eliminate the need to give the name of the game on the applica- tion because this would change if the game is exchanged. Johnson moved and Smith seconded the following: ORDINANCE #31-1989 AN ORDINANCE AMENDING SECTION 468:10 OF THE CITY CODE RELATING TO GAMES OF BRILL LICENSES The vote was unanimously in favor. Motion carried. ON-SALE WINE LICENSE ORDINANCE AMENDMENT The City Clerk explained that the State Statutes now allow a holder of an On-Sale Wine License to sell intoxicating malt 109 June 27, 1989 liquor if the Council amends its ordinance to allow this. D'Vinci's has requested that the Council amend the ordinance to allow the sale of intoxicating malt liquor. Jensen moved and Johnson seconded the following: ORDINANCE #32-1989 AN ORDINANCE AMENDING SECTION 800:05, 5, OF THE CITY CODE RELATING TO ON-SALE WINE LICENSES The vote was unanimously in favor. Motion carried. RELEASE OF TAX FORFEIT LAND FOR PUBLIC AUCTION The City Clerk explained that PID #19-117-23 32 0107 (Lots 16 & 17, Block 10, Wychwood) is a buildable parcel and should be released for public auction. Jensen moved and Smith seconded the following resolution: RESOLUTION #89-80 RESOLUTION RELEASING CERTAIN TAX FORFEIT LANDS TO HENNEPIN COUNTY FOR PUBLIC AUC- TION AND CERTIFYING THE SPECIAL ASSESS- MENTS The vote was unanimously in favor. Motion carried. DISCUSSION: CENTRAL BUSINESS DISTRICT (CBD) PARKING PROGRAM The City Manager explained that the Council has discussed the CBq Parking Program and the parking lots at a Committee of the Whole meeting. The railroad will be trying to sell these three parking lots as the leases with the City expire. The Council talked about purchasing these lots for municipal parking. Prior to any offers being made the Council should decide how they are going to finance the purchase and if the City should purchase these lots outright as municipal lots or assess a portion or all of the cost to the Central Business District Parking Program. The Staff is looking for direction. Phyllis Johnson was present and stated she feels the City should purchase these lots as municipal lots and not assess the businesses. The Council discussed whether the general taxpayers should pay for these lots or if they should be assessed to the CBD. No ac- tion was taken on this item. The Council asked that the CBD Parking Committee attend a meeting prior to the next Council Meeting (7:00 P.M., July 11, 1989) to discuss this item further. SET DATE FOR RECEIVING RFP ON CURBSIDE RECYCLING MOTION made by Johnson, seconded by Jensen to set the date 110 June 27, 1989 for receiving a request for proposals for curbside recycling as July 20, 1989, at 11:00 A.M. The vote was unanimously in favor. Motion carried. DISCUSSION: DRAM SHOP LIABILITY INSURANCE REQUIREMENTS IN CITY CODE Bill McNamee, owner of the Jock Club, stated he would like the Council to consider lowering the dram shop liability insurance requirements in Section 800:10, Subdivision 7 of the City Code from 300,000/300,000 to 100,000/300,000. He requested this be- cause his premium for the required amount is considerably more per year than the reduced amount. The Council asked that the City Insurance Agent, Earl Bailey, come to the next Council meeting to explain why he had recom- mended 300,000/300,000 when the ordinance was amended in 1986. No action was taken.. ~ICENSE RENEWALS & NEW LICENSES The following licenses are up for renewal: Off-Sale Beer Al & Alma's Brickley's Market PDQ Food Store #0292 SuperAmerica #4194 On-Sale Beer Al & Alma's D'Vinci's House of Moy Mound Lanes On-Sale Wine Al &Alma's D'Vinci's House of Moy Set-UU Al &Alma's Club License American Legion #398 VFW #5113 On-Sale Liquor Mack's Jock Club Dinner Dance Mack's Jock Club Sundaes On-Sale Liquor Mack's Jock Club VFW #5113 The following are new license requests: On-Sale Intoxicating Beer D'Vinci's Juke Box 1 - Mack's Jock Club Games of Skill 8 -Mack's Jock Club Our Lady of the Lake Church requested the following licenses for the Incredible Festival, July 29 & 30, 1989: Public Dance Permit & Charitable 3.2 Beer Permit. 111 June 27, 1989 MOTION made by Jessen, seconded by Jensen to authorize the issuance of the above licenses, contingent upon all required forms, insurance, etc. being turned in and approval of the Police Chief where necessary. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS MOTION made by Jensen, seconded by Johnson to authorize the payment of bills as presented on the pre-list in the amount of $127,448.49, when funds are available. A roll call vote was 4 in favor with Ahrens absent and excused. Motion carried. INFORMATIONLMISCELLANEOU$: A. May 1989 Financial Report as Prepared by John Norman, Finance Director. B. Park Commission Minutes of June 8, 1989. C. Planning Commission Minutes of June 12, 1989. D. LMCD Mailings. E. Mark July 8, 1989, 10:00 A.M. on your calendars for the dedication of Philbrook Park at the park. John Taffe, Jerry Henke and others are organizing it and a sign will be ready for that day and time. F. Hennepin County Compost Site Update. G. Memo from Jim Fackler regarding Eurasian Water Milfoil. EXECUTIVE SESSION The Council went into Executive Session to discuss labor nego- tiations at 11:00 P.M. and returned at 11:30 P.M. MOTION made by Johnson, seconded by Jensen to adjourn at 11:30 P.M. The vote was unanimously in favor. Motion carried. and J. h e, Jr., y Manager Fran Clark, CMC, City Clerk