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1989-08-22129 August 22, 1989 MINUTES - MOUND CITY COUNCIL - AUGUST 22, 1989 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 22, 1989, following the Board of Review, 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, Attorney Curt Pearson, City Engineer John Cameron, Building Offi- cial Jan Bertrand, City Planner Mark Koegler and the following interested citizens: Bryan Clem, Jeff Schoenwetter, Paul Wil- lette, Marvel & Ron Johnson, Tom Casey, William Dunkley, Fred Guttormson, James Guttormson, Lorrie Stanton, Jane Chiesl, Claudia Miller, Chris Maloney, Phil & Eva Hasch, James Morgan, Duane & Beth Van Poll, Frank McGill, Craig & Lee Henderson, Dave Griffin, Dan Michelson, Jim Ostman, Hank Roelof s, Tom Roden, John Minahan, Robert Morgan, Robert Tomalka, Stanley Drahos, Neil Weber, Matt Ruppert, Pat Meisel, Geoff Michael, Sandy Calvelage, Freda Olson, Orval Fenstad, Mark Anderson, Frank Fischer, Bruce Reno, Mike Regnier, Alan Held, Fred Hertz, Trude Turnquist, Mike Cusack, Rolf Turnquist, C. Steve Wilson, Ralph & Elsie Turnquist, James Mosser, David Morse, Oswin Pflug, Clay Olson, Gene Garvais, Tim Williams, Jeff Andersen, and Bill Kullberg. 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 Ahrens to approve the minutes of the Auqust 8, 1989, Reqular Meetinq and the Com- mittee of the Whole Meetinq of Auqust 15, 1989, as sub- mitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS City Manager Ed Shukle explained that the revised amount was $2,735.40. The Mayor opened the Public Hearing. There was no response. The Mayor closed the Public Hearing. Johnson moved and Jensen seconded the following resolution: RESOLUTION 89-95 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $2,735.40 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE TO THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. 130 August 22, 1989 PUBLIC HEARING: UPGRADING OF CITY HALL FACILITIES, PAT MEISEL, CHAIRPERSON, CITIZENS TASK FORCE ON PUBLIC FACILITIES Pat Meisel stated that a video tape of the task force conclusions will be played now or if there are not enough people present who are interested it could be played at the end of the meeting for the cable broadcast. She stated she and the committee are here to answer questions from the public. The Mayor opened the public hearing. PAUL WILLETTE, 1720 Avocet, stated he is against the expan- sion because he feels there are other priorities that the money could be spent on, i.e. better maintained parks, material storage area, etc. He stated he felt it should be left up to the voters to decide. There were no other comments. MOTION made by Johnson, seconded by Jessen to continue this public hearing to the September 12, 1989, Regular Meeting. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: CASE #89-835 - WILLIAM M. DUNRLEY, DBA DESPERADO'S, 4451 WILSHIRE BLVD., LOTS 3 THROUGH 18, BLOCK 8, AVALON, PID #19-117-23 31 0021, CONDITIONAL USE PERMIT FOR A CLASS III RESTAURANT (LIQUOR SERVICE RESTAURANT) IN THE B-2 GENERAL BUSINESS DISTRICT AND VARIANCES The City Planner explained that the applicant is requesting a Conditional Use Permit to open a liquor service restaurant (Class III) in the old Donnie's Restaurant which is in a B-2 General Business District and is allowed with a Conditional Use Permit. The variances are being requested to recognize existing noncon- forming setbacks and to allow docks to serve the new restaurant. He reported that the Planning Commission recommended approval on a 5 to 2 vote with 1 abstention under the following conditions: 1. The applicant shall prepare a landscaping plan for the site in conformance with all of the screening require- ments in the Mound Zoning Code. The landscaping plan should include a plan for a vehicle and visual barrier to be erected along the north property line to separate the restaurant use from the adjacent gas station site. Such plan will be submitted to the City Planner for review and approval within 30 days of the date of the Planning Commission meeting. 131 August 22, 1989 2. The applicant shall prepare grading and erosion con- trol plan containing contours and spot elevations ap- propriate to indicate existing and final grades. The plan should also define the parking lot entrance by in- cluding the materials to be used for marking the entrance, such as curbing. Such Plan will be submitted to the City Engineer for review and approval within 30 days of the date of the Planning Commission meeting. 3. If the Planning Commission finds that the commercial dock variance is appropriate, the docks shall comply with Section 23.413 of the Mound Zoning Code. 4. A boundary line survey will be required and must be submitted to the Building Official prior to building permit issuance. 5. The proper variance application forms and fees must be submitted. The Mayor opened the public hearing. BILL DUNKLEY, applicant and JIM GUTTORMSON, architect, for Desperados' showed a drawing of the proposed restaurant and the layout of the parking. They pointed out they will be closing the one access from Wilshire Blvd. and removing the parking from the area between Desperados' and the Skelly Station and would also install a fence between the two businesses. Mr. Dunkley stated that the proposed restaurant will be up-scale and unique. He stated they are involved in Wooley's Restaurants in the Embassy Suites, Corbins and the Chart House in Lakeville and the Dow Jones at Shelard Plaza. They are required to have 47 parking spaces and are provid- ing 63 proper size spaces. He stated they would like the Council to approve the variance for the dockage off the Lakewinds property. ROLF TURNQUIST, RALPH TURNQUIST, TRUDE TURNQUIST, who own the vacant land across the street from the proposed res- taurant spoke against the issuance of a permit and the dockage variance. They have a purchase agreement with a developer who is proposing to subdivide the property into 23 to 25 single family homes with no variances. The projected assessed value of these homes would be twenty million dol- lars. They submitted a petition signed by 66 residents from the surrounding area which read as follows: "We, the undersigned, residents and property owners of Mound, Minnesota, feel that the Desperado's restaurant/bar/music establishment proposed at 4451 Wilshire Boulevard (The old Donnie's) will negatively affect the health, safety, and general welfare of the surrounding neighborhood of Island Park. 132 August 22, 1989 Specifically, we are concerned about a restaurant/bar/music establishment within a quiet, residential neighborhood and the resultant noise (until late at night), congestion, property damage, number of alcohol-related traffic and boat- ing accidents, parking problems, public nuisances, and in- creased use of a limited police force to respond to citizen complaints. Therefore, we urge the City Council of Mound to vote NO on the conditional use permit of Desperado's." They also showed a map of the area noting the proposed restaurant/bar and the people in the immediate vicinity who were against the issuance of a conditional use permit. MIKE CUSACK, real estate agent for the Turnquists spoke of the negative impact the bar/restaurant and boat dockage would have on the neighborhood, i.e. noise, late night ac- tivity. FRED HERTZ, friend of the Turnquists, referred to the tax advantage to the City of the potential housing development. C. STEVEN WILSON, attorney for the Turnquists reviewed the first two items in the conditional use criteria and stated the approval of this bar/restaurant/music establishment could prevent the orderly development of his clients property. He also referred to a letter he had delivered to the Council earlier in the day. Mr. Ralph Turnquist asked that this letter become part of the public record. The following persons spoke against the issuance of a Condi- tional Use Permit and the approval of the variance to allow dockage for the following reasons: James Mosser (he also submitted a letter stating his reasons for opposing the con- ditional use permit), Craig & Lee Henderson, Frank Fischer, Daniel Michaelson. Reasons: 1. Noise from the restaurant patrons. 2. Noise from the live music. 3. Vandalism in the area. 4. Parking in other than the parking lot. 5. Noise from patrons using the boat docks. 6. Increase in traffic in the area. 7. Alcohol-related auto and boat accidents. 8. Debris being littered in the area. 9. The owner of the Skelly station has a purchase agreement to develop his site into another busi- ness. BILL DUNKLEY, stated the live music would consist of 1 per- son. He further stated they would withdraw their variance request for boat dockage. 133 August 22, 1989 The Mayor closed the public hearing. The Council discussed the conditional taurant classes and their definitions. would not support the variance for the requirements for this have not been met. use criteria, the res- The Council stated they boat dockage because the The City Attorney read the definition for a conditional use per- mit and pointed out that the Council can restrict the use with the conditions in the permit. He suggested that since the required 10 days mailed notice was not met that the Council could continue the public hearing to the September 12th meeting and re- mail the notice in a timely manner and have the City Planner prepare a list of conditions for the Council from the testimony given this evening and bring it back to that meeting. MOTION made by Johnson, seconded by Jessen to continue the public hearing until the September 12th meeting, mail the required notices in a timely manner, and have the City Plan- ner prepare a list of conditions for the Council to con- sider. The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING FOR ~~ON-SALE~~ INTOXICATING LIQUOR LICENSE MOTION made by Ahrens, seconded by Jensen to set September 12, 1989, for a public hearing to consider the issuance of an ~~on-Sale~~ Intoxicating Liquor License for William Dunkley, etc., DBA Desperados, Inc. 4451 Wilshire Blvd. The vote was unanimously in favor. Motion carried. CASE #89-832: SKIP JOHNSON, 3018 ISLAND VIEW DR., REOIIEST TO MOVE HOUSE FROM 3018 ISLAND VIEW DRIVE TO 4430 MANCHESTER ROAD, LOTS 7 & 8, BLOCK 17, AVALON, PID #19-117-23 31 0074 The Building Official reviewed the request and stated that the Planning Commission recommended approval on a 7 to 1 vote. The applicant explained that his position is that the house is already in the neighborhood. He submitted pictures and a bid from Paul Sorensen Construction to bring the house up to current building code in the amount of $26,293.00. Bryan Clem, 4436 Manchester Road, stated he is opposed to the moving of this house to the vacant lots next door to his house for the following reasons: 1. It will reduce his market value. 2. The request does not follow the intent of Ordinance 300:25, subd. 3. 134 August 22, 1989 3. The request is not consistent with the city's com- prehensive plan. He then showed overhead projection of the surrounding values on his block and a video tape of the surrounding area where the house is proposed to be moved. The following others persons spoke in opposition to the moving of the home: Carolyn Schmidt and Orv Fenstad. The following persons spoke in favor of the house moving: Paul Willette, Geoff Michael, David Morse. The Council discussed guarantees that the building would be com- pleted after it was moved. The Building Official stated she would not issue a Certificate of Occupancy until it was completed properly. They also discussed the meaning of the phrase "a building or structure of the same general character and ap- pearance as other buildings or structures in the vicinity". MOTION made by Jensen, seconded by Jensen to approve the house moving permit request to relocate a home at 3018 Is- land View Drive to 4430 Manchester Road, requiring the home to be brought into conformance with the current building codes and a Certificate of Occupancy will not be issued un- til the requirements are met and that the proposed bid be part of the approval. The vote was 2 in favor with Ahrens and Smith voting nay. Motion failed. The applicant asked Smith why he voted against the request. Smith stated that if the application had an architect's concept attached to it on how much money is proposed to be spent to address the facade it would be very hard to turn down and he would reconsider it. CASE #89-833: JOHN MINAHAN, 4313 WILSHIRE BLVD., PART OF LOT A, THE 1ST REARR. OF PHELPS ISLAND PARR FIRST DIVI- SION, PID #19-117-23 13 0011, VARIANCE FOR EXIST- ING NONCONFORMING DWELLING The Building Official explained the request. The Planning Com- mission recommended approval. Mr. Minahan was present and stated he agrees with the proposed resolution. The Building Official explained that there is a fence question but that the Planning Commission will be looking at all the fences in that area at a future Planning Commission Meeting. n Ahrens moved and Jensen seconded the following resolution: 135 August 22, 1989 RESOLUTION #89-96 RESOLUTION TO RECOGNIZE AN EXISTING NON- CONFORMING STRUCTURE TO ALLOW STRUCTURAL MODIFICATIONS FOR PART OF LOT A, THE 1ST REARR. OF PHELPS ISLAND PARR FIRST DIVI- SION, PID #19-118-23 13 0011, (4313 WIL- SHIRE BLVD.), P & Z CASE #89-833 The vote was unanimously in favor. Motion carried. CASE #89-834: MARK CINDER, 4770 NORTHERN ROAD, PART OF LOT 29, SUBDIVISION OF LOTS 1 & 32 RAVENSWOOD, PID #18- 117-23 33 0029. VARIANCE TO LARESHORE AND FRONT PROPERTY LINE SETBACKS The Building Official explained the request. The Planning Com- mission recommended approval. The applicant was present and agreed with the proposed resolution. Jensen moved and Jensen seconded the following resolution: RESOLUTION #89-97 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE A 30 FOOT LARESHORE SETBACK VARIANCE, A 5 FOOT FRONT YARD SETBACK VARIANCE, AND A LOT SIZE VARIANCE TO ALLOW RECONSTRUCTION OF A NEW DWELLING WITH AN ATTACHED GARAGE, PART OF LOT 29, SUBDIVISION OF LOTS 1 & 32 RAVENSWOOD, PID #18-117-23 33 0029 (4770 NORTHERN ROAD), P & Z CASE #89-834 The vote was unanimously in favor. Motion carried. CASE #89-811: JON R. NELSON & DAVID MORSE, 5545 THREE POINTS BLVD., PID #13-117-24 22 0023, PART OF LOT 27 & PART OF GOVT. LOT 4, LAFAYETTE PARR LAKE MIN- NETONRA. FINAL PLAT APPROVAL ALEXANDER PARR (FORMERLY HARRISON SHORES ADDITION) The Building Official submitted a revised proposed resolution. The City Engineer explained that all the papers have been for- warded to the City Attorney's office to be sure all easements are correct. The Staff recommended approval but the plat will not be released until all items are reviewed and everything is in order. Mr. Morse was present and agreed with the revised proposed resolution. Johnson moved and Jessen seconded the following resolution: RESOLUTION #89-98 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE THE FINAL PLAT OF ALEXANDER PARR SUBDIVISION, PID #13-117- 24 22 0023, P & Z CASE #89-811 136 August 22, 1989 The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT OSWIN PFLUG, 4440 Denbigh Road stated that he would like to be treated equally as far as the Denbigh Road Improvement and any payment given for land taken for this project should be given to him also. APPROVAL OF PLANS AND SPECIFICATIONS FOR DENBIGH ROAD IMPROVEMENT PROJECT The City Engineer explained that the plans and specifications for the improvement of Denbigh Road are completed and need approval. Then the Council can set a date for a bid opening on this project if it is to be completed this year. The City Attorney stated that he has been in contact with Freda Olson's attorney and a proposed settlement has been worked out. He indicated that Ms . Olson would accept this . It will have to be put in writing but he related the following: 1. The City would pay Ms. Olson $4,129.01 for the per- manent and temporary easements that are being granted. 2. It is agreed that Ms. Olson will pay the assessment amount which is $3,344.76. 3. The City agrees to replace a maple tree with a maple tree at least 6 inches in diameter and approximately 25 feet in height. 4. The City agrees to provide Ms. Olson's attorney with a list of names of all other residents living on the road so that he can obtain a release for all private ease- ments that affect Ms. Olson's property. The City Engineer stated that he has met with Ms. Olson about the temporary and permanent easements needed and that she would prefer a 4 foot slope. The Engineer recommended a 7 foot slope but Ms. Olson did not want to agree. Johnson moved and Jensen seconded the following resolution: RESOLUTION #89-99 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING THE ADVER- TISEMENT FOR BIDS - 1989 STREET IMPROVE- MENT DENBIGH ROAD The vote was unanimously in favor. Motion carried. MOTION made by Johnson, seconded by Jensen to authorize the City Attorney negotiate a settlement based on his oral report to the Council and the City Engineer to prepare the permanent and temporary easements necessary for this 137 August 22, 1989 project. The vote was unanimously in favor. Motion carried. SEWER SERVICE AGREEMENT BETWEEN MOUND, AND MINNETRISTA FOR MARK NIELSON PROPERTY The City Engineer stated that Minnetrista has approved the agree- ment to provide sewer utility service to Mark Nielson. He recom- mended changing the Administrative, Legal and Engineering Expense from $400.00 to $650.00 which makes the total connection charge $3,507.80. Johnson moved and Ahrens seconded the following resolution: RESOLUTION #$9-100 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 A MINNETRISTA PROPERTY OWNER, MARK NIELSON The vote was unanimously in favor. Motion carried. REQUEST FOR MAINTENANCE PERMIT, 4601 ISLAND VIEW DRIVE, ROGER STEPHANSON The City Manager explained the request. The Park Commission recommended approval of the trimming with the supervision of the Park Director on an 8 to 1 vote. MOTION made by Ahrens, seconded by Jensen to approve a main- tenance permit for Roger Stephenson, 4601 Island View Drive to trim sumach to not less that 3 feet in height on the Com- mons. Trimming to be done under the supervision of the Park Director. The vote was unanimously in favor. Motion carried. RECOMMENDATION FROM PARR COMMISSION ON THE CLOSING OF PEMBROKE PARR ACCESS/VACATION OF A PORTION OF ABERDEEN ROAD Councilmember Jessen, Council Liaison to the Park Commission, ex- plained that the Park Commission has recommended closing the Pembroke Park motor vehicle access and asked that that portion of Aberdeen Road that abuts the park be considered for vacation. MOTION made by Jessen, seconded by Ahrens to close the Pembroke Park motor vehicle access to Lake Minnetonka and start vacation proceedings. The Mayor asked if there was anyone present who wished to speak. 138 August 22, 1989 The following persons spoke against the closing of the access: Duane and Beth Van Poll, Tim Williams, Bill Kullberg, Gene Garvais, Clayton Olson. The following persons spoke in favor of the closing: Claudia Miller, Jan Cheisl, and Lorrie Stanton. The Council discussed other accesses, the danger to children using the park, noise from vehicles using the access. The vote on the motion was 3 in favor with Jensen and Johnson voting nay. Motion carried. The City Clerk advised the Council that if they are considering vacating this access they will have to notify the Commissioner of the Department of Natural Resources 30 days before the public hearing to vacate. This is new legislation that took affect August 1, 1989, for all vacations of public land abutting public waters. MOTION made by Smith, seconded by Jessen to reconsider the above motion and start working out details for the vacation of that portion of Aberdeen Road abutting Pembroke Park. This to be brought back to the Council for setting a date for a public hearing. The vote was unanimously in favor. Motion carried. REAPPOINTMENT TO THE HRA Jessen moved and Johnson seconded the following resolution: RESOLUTION #89-101 RESOLUTION TO REAPPOINT ELDO SCHMIDT TO THE MOUND HOUSING & REDEVELOPMENT AUTHORITY (HRA) FOR A FIVE YEAR TERM - TO EXPIRE 8-29-94 The vote was unanimously in favor. Motion carried. CHANGE ORDER #6 AND FINAL PAYMENT REQUEST FROM LOEFFEL-ENGSTRAND - PUBLIC WORKS FACILITY - CHANGE ORDER #6 & $3,699.00 - FINAL PAYMENT - $10,689.07 The City Engineer stated that they are recommending the approval of Change Order #6 as follows: ITEM #1 Supply new thermostats for existing unit heaters ADD $ 127.00 ITEM #2 Provide temperature control connections to fans in repair bay area ADD $ 697.00 139 August 22, 1989 ITEM #3 Telephone outlet, 3-way switching in truck storage area, extra repair bay outlets, overhead door operator connection, water softener circuit. ADD $ 2,875.00 TOTAL CHANGE ORDER #6 ADD $ 3,699.00 He is also recommending a final payment request from Loeffel- Engstrand in the amount of $10,689.07. MOTION made by Johnson, seconded by Jensen to authorize Change Order #6 for the Public Works Facility in the amount of $3,699.00 and also to authorize the final payment request of Loeffel-Engstrand in the amount of $10,689.07 for the completion of the Public Works Facility. The vote was un- animously 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 $170,616.71, when funds are available. A roll call vote was unanimously in favor. Motion carried. SET DATES FOR PUBLIC HEARINGS MOTION made by Johnson, seconded by Jensen to set the fol- lowing dates for the following public hearings: 1. September 12, 1989, to consider a conditional use per- mit for an interim truck routing station in the I-1 In- dustrial Zoning District located at 5501 Lynwood Blvd., Roehler~s Addition to Mound, Lots 35, 36 & 37, PID #13- 117-24 33 0039. 2. September 12, 1989, to consider a conditional use per- mit for a frozen yogurt shop with a drive-in window in the B-1 Central Business District located at 228X Com- merce Blvd., north of the railroad tracks. 3. September 26, 1989, on the following proposed assessments: unpaid tree removal charges; unpaid clean-up charges; unpaid mowing charges; unpaid removal of hazardous building charges; unpaid consultation services before removal of hazardous building; and un- paid water and sewer bills. 4. September 26, 1989, for the proposed assessment for the CBD parking maintenance program for 1988-89. The vote was unanimously in favor. Motion carried. 140 August 22, 1989 INFORMATION/MISCELLANEOUS: A. July 1989 Financial Report as prepared by John Norman, Finance Director. B. Park Commission Minutes of August 10, 1989. C. Planning Commission Minutes - August 14, 1989. D. Notice from Hennepin County regarding the dates of their public hearings on the County Budget. E. Notice of League of Minnesota Cities' Regional Meeting, Mon- day, September 11, 1989, at the White Bear Country Inn, 4940 Highway 61. ,Please let Fran know by Wednesday, September 6th if you plan to attend. F. REMINDER: Open House Tour of City Hall, 6:30 - 7:30 P.M., Tuesday, August 22, 1989, prior to the City Council Meeting. G. REMINDER: Annual National League of Cities Congress of Cities to be held in Atlanta, Georgia, November 25-29, 1989. Please let Fran know before August 28th if you are interested in attending. (You received this brochure separately.) MOTION made by Jensen, seconded by Jessen to adjourn at 12:40 P.M. The vote was unanimously in favor. Motion carried. ~~I`A nn Fran Clark, CMC, City Clerk 0