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1989-09-12141 September 12, 1989 0 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. 0 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. 142 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: 143 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: 144 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: 145 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 146 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. 147 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. 148 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 149 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. 150 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