1989-09-12141
September 12, 1989
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MINUTES - MOUND CITY COUNCIL - SEPTEMBER 12, 1989
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, September 12, 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 Jessen 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, Police Chief Len
Harrell, and the following interested citizens: Jeff Schoenwet-
ter, Rolf Turnquist, Mike Cusack, Ralph Turnquist, Ann Henson,
Michael Mueller, Dick Meredith, Frank McGill, Robert Morgan, Wil-
liam Thal, Pat Meisel, Roxanne Mutterer, Ron Johnson, John Zuc-
caro, Frank Blackowiak, Jerry Tasa, John Hubler, Bill Kullberg,
Tim Miller, Jerry Henke, Rod Plaza, Gene Garvais, Dan Scherven,
Claudia Miller, Nancy Nordstrom, Fran Hagen, Roy Hagen, Jane
Chiesl, Mike Chiesl, Lorrie Stanton, Oswin Pflug, Fred Gut-
tormson, Tom Reese, David Arndorfer, Tom Casey, Scott Wright,
Duane Van Poll, Dave Winter, Mr. & Mrs. Charles Regenfuss, and
Stan Drahos.
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 Johnson to approve the
minutes of the August 22, 1989, Regular Meeting as sub-.
mitted. The vote was unanimously in favor. Motion carried.
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CONTINUATION OF PUBLIC HEARING: CASE #89-835 -WILLIAM DUNRLEY
DBA DESPERADO~$, 4451 WILSHIRE BLVD., LOTS 3 THROUGH 18,
BLOCR_81 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 & PUBLIC HEARING: TO CONSIDER ISSUANCE OF AN ON-
SALE INTOXICATING LIQUOR LICENSE FOR WILLIAM DUNRLEY, ETC.,
DBA DESPERADO'S, INC., 4451 WILSHIRE BLVD.
The Mayor asked if anyone wished to make a statement.
Fred Guttormson, representing Desperado's, Inc., stated that
due to complications and a tentative offer to sell the
property to the Turnquist's, they are withdrawing their
requests.
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September 12, 1989
Rolf Turnquist thanked the Council for their consideration
and stated he thought the developer would proceed with the
development of their parcel plus the piece that would be ac-
quired from Desperado's.
Jeff Schoenwetter, developer, handed out brochures with an
overview of what kinds of homes he would be building on the
Turnquist property.
The Council then deviated from the agenda order.
APPROVAL OF AN ORDINANCE AMENDING SECTION 800:10, SUBDIVISIONS 7
AND 8 OF THE MOUND CITY CODE RELATING TO INSURANCE REOUIREMENTS
FOR LIOUOR ESTABLISHMENTS
The City Manager explained that this is being brought back now
that the amendment is in ordinance form from the City Attorney.
He has spoken to the City's insurance agent and he does not have
a problem with the wording.
Jensen moved and Jensen seconded the following:
ORDINANCE #33-1989 AN ORDINANCE AMENDING SECTION 800:10,
SUBDIVISIONS 7 AND 8 OF THE MOUND CITY
CODE RELATING TO INSURANCE REQUIREMENTS
FOR LIQUOR ESTABLISHMENTS
The vote was unanimously in favor. Motion carried.
TAX FORFEIT PROPERTY RESOLUTIONS
The City Clerk explained the background of these four parcels.
The first two are PID #19-117-23 33 0170 and #12-117-24 43 0049.
Johnson moved and Ahrens seconded the following resolution:
RESOLUTION X89-102 RESOLUTION RECONVEYING (IF NECESSARY)
CERTAIN TAX FORFEIT LANDS BACK TO THE
STATE AND REQUESTING THE COUNTY BOARD TO
IMPOSE CONDITIONS ON THE SALE OF SAID
TAX FORFEIT LANDS AND TO RESTRICT THE
SALE TO OWNERS OF ADJOINING LANDS _
The vote was unanimously in favor. Motion carried.
The third parcel (PID #13-117-24 32 0062) is to be released for
public auction with a notation on the poor soils (peat bog).
Jensen moved and Jensen seconded the following resolution:
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September 12, 1989
RESOLUTION #89-103 RESOLUTION RELEASING CERTAIN TAX FORFEIT
LANDS TO HENNEPIN COUNTY FOR PUBLIC
AUCTION AND CERTIFYING THE SPECIAL
ASSESSMENTS
The vote was unanimously in favor. Motion carried.
The fourth parcel is PID #14-117-24 43 0024 and needs approval
for a change in the use of a portion of the property.
Ahrens moved and Johnson seconded the following resolution:
RESOLUTION #89-104 RESOLIITION AUTHORIZING THE MAYOR AND
CITY MANAGER TO APPLY TO HENNEPIN COUNTY
FOR APPROVAL OF A NEW USE OF A PORTION
OF TAX FORFEITED LAND - PID #14-117-24
43 0024
The vote was unanimously in favor. Motion carried.
SET HEARING DATE
Motion made by Ahrens, seconded by Jensen to set September
26, 1989, at 7:30 P.M. for a public hearing to consider a
Conditional Use Permit for a cabinet workshop and showroom
in the B-1 Central Business District, located at 5448
Shoreline Drive, part of Lot 36, Auditors Subd, #170, PID
#13-117-24 33 0024. The vote was unanimously in favor. Mo-
tion carried.
RESOLUTION RELATING TO CITY PARTICIPATION IN NARCOTICS CONTROL
PROGRAM
The City Manager explained that this resolution is needed to ac-
company the grant request for the State of Minnesota for funding
assistance for the task force for 1990.
Smith moved and Johnson seconded the following resolution:
RESOLUTION #89-105 RESOLUTION RELATING TO CITY PARTICIPA-
TION IN NARCOTICS CONTROL PROGRAM
The vote was unanimously in favor. Motion carried.
ORDINANCE RELATING TO TRESPASSING AND CONGREGATING ON BUSINESS/
MUNICIPAL PARKING LOTS AND PRIVATE BUSINESS PREMISES
The Police Chief explained that this proposed ordinance has been
circulated throughout the business district and the business
people are in favor.
Johnson moved and Ahrens seconded the following:
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September 12, 1989
ORDINANCE #34-1989 AN ORDINANCE RELATING TO TRESPASSING AND
CONGREGATING ON BUSINESS/MUNICIPAL PARK-
ING LOTS AND PRIVATE BUSINESS PREMISES
The vote was unanimously in favor. Motion carried.
APPROVAL OF FINAL PAYMENT REOIIEST - 1989 STREET REPAIRS - COUNTY
ROAD 110 - $9,952.42
The City Engineer stated that the work is completed and recom-
mended approval.
MOTION made by Jessen,
final payment request of
$9,952.42, for the 1989
The vote was unanimously
ADD-ON ITEMS
TEMPORARY SIGN PERMIT
seconded by Ahrens to approve the
Aero Asphalt Co.,
street repairs to
in favor. Motion
in the amount of
County Road 110.
carried.
The City Manager explained the request from Westonka Adult
Basic Education/GED.
MOTION made by Johnson, seconded by Jensen to allow Westonka
Adult Basic Education/GED to place a temporary sign, asking
for volunteers to teach, on the northwest corner of the
Rite-Away Oil Change property at Wilshire and County Road
15. The vote was unanimously in favor. Motion carried.
The Council asked that the sign be set back far enough so
that it is not in the sight line at the corner.
RETAIL COUNCIL REQUEST
The City Manager explained that the Mound Retail and Profes-
sional Council has asked the City to encourage Spring Park
and Orono to decorate County Road 15 to conform with the
Christmas decorations Mound has on County Road 15. The
Council directed the City Manager to suggest to the Other
cities that it would be nice to have conforming decorations
and lights along Shoreline Drive.
PUBLIC HEARING - CASE #89-838: HENNEPIN COUNTY & BILL CLARK OIL,
5501 LYNWOOD BLVD., LOTS 35, 36 & 37, ROEHLER~S
ADDITION TO MOUND, PID X13-117-24 33 0039, CON-
SIDERATION OF A CONDITIONAL USE PERMIT AND PLANNED
INDUSTRIAL AREA PERMIT FOR AN INTERIM TRUCK ROUT-
ING FACILITY IN THE I-1 INDUSTRIAL ZONING DISTRICT
The City Planner explained the request and stated that the Plan-
ning Commission recommended approval with the following
conditions:
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September 12, 1989
1. Hours of operation shall be limited to 7:30 AM to 3:30
PM, weekdays only. Weekend operations shall be
prohibited.
2. The total number of trucks using the site shall be
limited to a maximum of fifteen (15) during any 24 hour
period.
3. Access to the site shall be via Commerce Boulevard and
Lynwood Boulevard only.
4. All Trucks utilizing the routing station shall be
licensed by the City of Mound.
5. The Operations Permit shall expire on September 1,
1991, or prior to that time if Hennepin County ceases
to use the site as an Interim Truck Routing Station.
6. Unloading and transfer of waste material shall be
expressly prohibited.
7. Use of the property by Hennepin County shall be limited
to the establishment of operation of a temporary use as
an Interim Truck Routing Station.
Dave Winter, Hennepin County Public Works Department, was present
and agreed with the conditions.
The Mayor opened the public hearing. There was no response. The
Mayor closed the public hearing.
The Council discussed the cost to Hennepin County for this in-
terim truck routing station and concluded that there probably are
less expensive alternatives that should be investigated. They
also discussed some kind a screening for the property to separate
it from the business district.
MOTION made by Johnson, seconded by Ahrens to approve the
concept that the Bill Clark Oil Company site is the ap-
propriate location to establish a Planned Industrial Area
for the purpose of operating the existing business and es-
tablishing a temporary Hennepin County Interim Truck Routing
Station. Staff is directed to prepare resolutions estab-
lishing the Planning Industrial Area, approving an Opera-
tions Permit for the existing Bill Clark Oil Company, ap-
proving the Operations Permit for the Hennepin County In-
terim Truck Routing Station, and approving the Operations
Permit for the existing Waconia Ambulance Service. The
resolution for the Hennepin County facility shall incor-
porate the Planning Commissions recommended conditions as
outlined in the staff report addendum dated September 6,
1989. Both the oil company and the county shall file ap-
plication for operations permits and shall comply with the
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September 12, 1989
site plan submittal requirements identified in Section
23.650.4 of the Mound Zoning Code. The vote was unanimously
in favor. Motion carried.
Councilmember Jensen stated she voted in favor but still feels
Hennepin County should look at less expensive alternatives.
PUBLIC HEARING: UPGRADING OF CITY HALL FACILITIES . PAT
MEISEL. CHAIRPERSON, CITIZENS TASK FORCE ON
PUBLIC FACILITIES
The Mayor opened the public hearing.
Mike Mueller, 5910 Ridgewood Road, stated that he thinks the
proposed upgrading is a definite improvement for an in-
adequate building. He complimented the Task Force on the
well designed and thought out proposal. He further stated
that he is not in favor of putting the public works material
storage site on the City Hall/Fire Station site.
The Mayor closed the public hearing.
The Council decided to discuss this item
mittee of the Whole Meeting on September
CASE #89-836: CHARLES REGENFUSB, 6201
BLOCK 1, HALSTEAD ACRES,
FRONT YARD SETBACK VARIAN
further at the next Com-
19, 1989.
BAYRIDGE ROAD. LOT 4,
PID #23-117-24 33 0015,
'E
The Building Official explained the request and that the Planning
Commission motion to approve the request failed on a 3 - 3 vote.
She further explained that the applicant bought the house, which
was originally built in 1972, 4 months ago as a 4 bedroom home.
The fourth bedroom was constructed without a building permit
before he purchased the home and is in the existing garage, thus
the request for a variance to build another double car garage.
MOTION made by Jessen, seconded by Johnson to concur with
the Planning Commission and request the City Attorney to
prepare a resolution of denial of the request for a front
yard setback variance for Charles Regenfuss, 6201 Bayridge
Road, Lot 4, Block 1, Halstead Acres, PID #23-117-24 33
0015, to be brought back at the next meeting for considera-
tion. The vote was unanimously in favor. Motion carried.
CASE #89-839: ROY HAGEN, 6224, RED OAR ROAD, LOT 4, BLOCK 1,
MOUND TERRACE, PID #14-117-24 32 0004, RECOGNIZE
AN EXISTING NONCONFORMING STRUCTURE TO ALLOW
STRUCTURAL MODIFICATIONS
The Building Official explained the request and that the Planning
Commission recommended approval.
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September 12, 1989
The applicant was present and agreed with the proposed resolu-
tion.
Ahrens moved and Jensen seconded the following resolution:
RESOLUTION #89-106 RESOLUTION TO RECOGNIZE AN EXISTING NON-
CONFORMING STRUCTURE TO ALLOW STRUCTURAL
MODIFICATIONS FOR LOT 4, BLOCK 1, MOIIND
TERRACE, PID #14-117-24 32 0004 (6224
RED OAR ROAD), P & Z CASE #89-839
The vote was unanimously in favor. Motion carried.
CASE #89-809: JACK COOK. 4452 DENBIGH ROAD, LOT 2, BLOCK 1,
AVALON, PID #19-117-23 24 0002, MINOR SUBDIVISION/
VARIANCE
The City Manager explained that the applicant Jack Cook is now
complying with the requirements in Resolution #87-191, and is
removing his deck. He also stated that he has received a letter
from Sandra Konnad the owner of the adjacent property that Mr.
Cook wanted to purchase and add to his property, stating that she
does not want any subdivision of her land approved.
MOTION made by Johnson, seconded by Jensen to deny the minor
subdivision/variance request of Jack Cook, 4452 Denbigh
Road, Lot 2, Block 1, Avalon, PID #19-117-23 24 0002, sub-
division was to include part of Lot 3, Block 1, Avalon, PID
#19-117-23 24 0003, belonging to Sandra Konnad. The vote
was unanimously in favor. Motion carried.
REPORT FROM LMCD REPRESENTATIVE. TOM REESE AND DAVID ARNDORFER OF
ARNDORFER & ASSOCIATES
Mr. Reese elaborated on his report that was in the Council Packet
of information. Mr. Arndorfer reviewed what has been done and
will be done on the Comprehensive Lake Management Plan. He in-
vited the Council to attend a Meeting on November 18th at the
Lafayette Club which will explain the technical topics such as
lake use, shoreline matters, lake access, etc.
REQUEST TO ADDRESS THE CITY COUNCIL ON EURASIAN WATER MILFOIL IN
DUTCH LAKE - DICK WAGNER, CHAIRMAN CITIZENS CONCERNED FOR DUTCH
LAKE
Mr. Scott Wright was present and explained that the DNR has now
confirmed that there is Eurasian Water Milfoil in Dutch Lake. It
is a small amount and needs to be controlled or eliminated as
soon as possible. Mr. Wright stated that the DNR is willing to
share 500 of the cost for a herbicide treatment. He is therefore
asking that the City of Mound and the City of Minnetrista also
participate in the cost and suggested 25~ from each. The total
cost would be $2500 to $3500 for the 2 1/2 to 3 1/2 acres af-
fected.
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September 12, 1989
The Council explained that they do not feel that the entire cost
should be paid by government agencies and that the residents
should also participate.
MOTION made by Johnson, seconded by Jensen to commit to sup-
port the citizens of Dutch Lake in their endeavor to
eliminate Eurasian Nater Milfoil from Dutch Lake and en-
courages Minnetrista to do the same. The vote was unanim-
ously in favor. Motion carried.
COMMENTS & SIIGGESTIONS FROM CITIZENS PRESENT
Roxanne Mutterer, 2807 Casco Point Road, Wayzata, MN. spoke to
the Council on a new area program Health is Wealth. It will deal
with the current trends in health and how to capitalize on them.
She encouraged the Council to be involved. She also asked for a
volunteer from the Council to see about establishing bike and
walking paths. Councilmembers Jensen and Johnson volunteered to
work with her on this.
DISCUSSION: RECONSIDERATION OF CLOSING PEMBROKE PARR ACCESS TO
WINTER MOTORIZED VEHICLE TRAFFIC
The Mayor stated a petition with 421 names has been submitted op-
posing closing this access to the lake during the winter.
Councilmember Jensen stated that she has spoken with the members
of the Park Commission and had almost unanimous support for a
compromise on this item. The compromise would be to erect a bar-
rier of some kind along the edge of the park so that vehicles
would be restricted to the roadway only to enter and exit the
lake. The access would be open only during the winter months.
She also suggested signage to alert people that no motorized
vehicles are allowed in the park and people cannot leave their
fish houses in the park when they are pulled from the lake.
MOTION made by Jessen, seconded by Johnson to continue to
allow motorized vehicle access to Lake Minnetonka on
unimproved Aberdeen Road adjacent to Pembroke Park during
the winter months; install some kind of barrier to restrict
the traffic to the roadway portion; and install signage
stating the penalty for motorized vehicles in the park area
and storage of items in the park area. The vote was unanim-
ously in favor. Motion carried.
DISCUSSION: PARR COMMISSION RESOLUTION REGARDING THE DESIGNA-
TION OF ALL PUBLIC WETLANDS AS CITY OF MOUND PARR
LANDS
The City Manager explained that the Park Commission has prepared
a resolution requesting that the City Council designate all
public wetlands as Mound park land. The City Attorney stated
that if this request is granted it could create come problems for
the City in the future in that it limits the flexibility of the
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September 12, 1989
i~
City Council. The proposed resolution would create restrictions
and limitations which would have an affect on future Councils and
their ability to deal with these lands.
The Council discussed the fact that there is a Wetlands Ordinance
in place which covers some of the concerns of the Park Commis-
sion.
MOTION made by Jessen, seconded by Johnson to concur with
the City Attorneys advice in his letter of August 22, 1989,
NOT to designate all public wetlands as park land. The vote
was unanimously in favor. Motion carried.
BID AWARD: DENBIGH ROAD IMPROVEMENT PROJECT
The City Engineer stated that there were three bids received, but
one from Alber Construction was received after the official bid
opening so it was not considered. The two bids received were as
follows:
D.M.J. Corporation $35 650.60
Widmer, Inc. $27,744.00
The Engineer's estimate was $28,346.00. He recommended approval
of the bid from Widmer, subject to all the easements needed being
obtained.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #89-107 RESOLUTION TO APPROVE THE BID OF WIDMER,
INC. IN THE AMOUNT OF $27,744.00 FOR THE
1989 STREET IMPROVEMENT PROJECT OF DEN-
BIGH ROAD SUBJECT TO ALL EASEMENTS BEING
OBTAINED FOR THIS PROJECT
The vote was unanimously in favor. Motion carried.
The City Engineer further stated that one of the easements needed
is from Oswin Pflug and he has agreed to grant this for $790.00.
He recommended approval.
MOTION made by Johnson, seconded by Ahrens to approve pay-
ment of $790.00 to Oswin Pflug for an easement across his
property for the improvement of Denbigh Road. The vote was
unanimously in favor. Motion carried.
PAYMENT OF BILLS
MOTION made by Jessen, seconded by Johnson to authorize the
payment of bills as presented on the pre-list in the amount
of $156,713.87, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
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September 12, 1989
INFORMATION/MISCELLANEOUS:
A. Letter dated September 5, 1989, from Fred Guttormson, repre-
senting Desperado's, Inc., on removal from September 12,
1989, Agenda.
B. Department Head Monthly Reports for August.
C. LMCD Representative Monthly Report for August.
D. LMCD mailings.
E. Planning Commission Minutes - August 28, 1989 Meeting.
F. Meeting notice from Hennepin Parks on aquatic weeds. Semi-
nar will be held Wednesday, September 20, 1989, from 8:15
A.M. to 10:30 A.M., at the French Regional Park Outdoor
Recreation Center. Seminar is FREE. Please let Fran know
by September 15, 1989, if you want to attend.
G. Regional Breakfast Meeting notice from Metro Council. Our
area is scheduled for Friday, September 22, 1989, from 7:30
A.M. to 9:00 A.M. at the Hopkins House. Please let Fran
know by September 19, 1989, if you want to attend.
H. REMINDER: Committee of the Whole Meeting, Tuesday, Septem-
ber 19, 1989, at 7:30 P.M.
Councilmember Johnson stated that he thought there was a restric-
tion on Avalon Park that stated is is only a swimming beach and
does not allow boat dockage. The staff will research.
MOTION made by Ahrens, seconded by Jensen to adjourn at
11.05 P.M. The vote was unanimously in favor. Motion
carried.
•,,,_,/ n
and J. hu le, Jr., City anager
"I ~,oc~r... ~.,,,
Fran Clark, CMC, City Clerk
1