1989-09-26153
September 26, 1989
MINUTES - MOUND CITY COUNCIL - SEPTEMBER 26, 1989
The City Council of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, September 26, 1989, in the Council Chambers at 5341
Maywood Road, in said City.
Those present: Mayor Steve Smith, Councilmembers Andrea Ahrens, Liz
Jensen, Phyllis Jessen and Skip Johnson. Also present were: Acting City
Manager Fran Clark, Acting City Clerk Linda Strong, City Attorney Curt
Pearson, City Engineer John Cameron, Building Official Jan Bertrand, City
Finance Director John Norman, Fire Chief Don Bryce and the following
interested citizens: Nancy Parten, Ron Johnson, Mark Heesen, Hank Roelofs,
Gary Cable, Pat and Paul Meisel, Sue and Jim McNamee, Bill McNamee, Phil
Lansing, Mike Mueller, Bill and Dorothy Netka, Jerry Longpre, Dave Winter
of Hennepin County, Doug Vogel, John Minahan and Walter Guthrie.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
MINUTES
MOTION made by Jessen, seconded by Jensen to approve the minutes of
the September 12, 1989, Regular Meeting and the September 19, 1989,
Committee of the Whole Meeting as submitted. The vote was
unanimously in favor. Motion carried.
PUBLIC HEARING: DELINQUENT UTILITY BILLS
Acting City Manager Fran Clark stated the delinquent amount now due is
$1840.45. The Mayor opened the Public Hearing, no one came forth. The
Mayor closed the Public Hearing.
Johnson moved and Ahrens seconded the following resolution:
RESOLUTION #89 -108 RESOLUTION TO APPROVE THE DELINQUENT UTILITY
BILLS IN THE AMOUNT OF $1840.45, AND AUTHORIZING
THE STAFF TO SHUT -OFF WATER SERVICE TO THOSE
ACCOUNTS
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: SPECIAL ASSESSMENTS
1989 CBD PARKING MArNTENANCE ASSESSMENTS
Finance Director John Norman defined the CBD formula and its application.
The Mayor opened the Public Hearing. Bill Netka stated that his building
was empty and he should not be charged for the assessment. Council stated
that in order to rent it he had to have parking spaces available. The
Finance Director explained that the CBD assessment amount for all but one
parcel is being reduced from the amounts originally sent in the notices.
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September 26, 1989
PID #13- 0117 -24 33 0064 was given credit for parking which included the
parking lot leased from Dakota Rail. The owner of the parcel purchased
the building and only a portion of the parking lot. They are no longer
leasing the remaining parking area extending to the City's leased land.
Thus, they should not have received credit for land leased to the City.
This is the reason for the amendment to the assessment.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #89 -109 RESOLUTION ADOPTING 1989 CBD PARKING MAINTENANCE
ASSESSMENT ROLL IN THE AMOUNT OF $21,223.38 AS
AMENDED TO BE CERTIFIED TO THE COUNTY AUDITOR
AT 8% INTEREST - LEVY #11544
The vote was unanimously in favor. Motion carried.
1989 UNPAID TREE REMOVAL ASSESSMENT
The Mayor opened the Public Hearing, no one came forth. The Mayor closed
the Public Hearing.
Jessen moved and Jensen seconded the following resolution:
RESOLUTION 89 -110 RESOLUTION ADOPTING UNPAID TREE REMOVAL
ASSESSMENT ROLL IN THE AMOUNT OF $975.00 TO BE
CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST -
LEVY #11545
The vote was unanimously in favor. Motion carried.
1989 DELINQUENT WATER AND SEWER ASSESSMENTS
The Mayor opened the Public Hearing, no one came forth. The Mayor closed
the Public Hearing.
Ahrens moved and Jessen seconded the following resolution:
RESOLUTION #89 -111 RESOLUTION ADOPTING DELINQUENT WATER AND SEWER
ASSESSMENT ROLL IN THE AMOUNT OF $10,343.52 TO
BE CERTIFIED TO THE COUNTY AUDITOR AT 8%
INTEREST - LEVY #11546
The vote was unanimously in favor. Motion carried.
1989 UNPAID CLEAN -UP ASSESSMENT
The Mayor opened the Public Hearing, no one came forth. The Mayor closed
the Public Hearing.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION #89 -112 RESOLUTION ADOPTING UNPAID CLEAN -UP ASSESSMENT
ROLL IN THE AMOUNT OF $1,072 TO BE CERTIFIED TO
THE COUNTY AUDITOR AT 8x INTEREST - LEVY #11547
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September 26, 1989
The vote was unanimously in favor. Motion carried.
1989 UNPAID MOWING ASSESSMENTS
The Mayor opened the Public Hearing, no one came forth. The Mayor closed
the Public Hearing.
Ahrens moved and Johnson seconded the following resolution:
RESOLUTION #89 -113 RESOLUTION ADOPTING UNPAID MOWING ASSESSMENT
ROLL IN THE AMOUNT OF $340 TO BE CERTIFIED TO
THE COUNTY AUDITOR AT 8% INTEREST - LEVY 11548
The vote was unanimously in favor. Motion carried.
1989 UNPAID REMOVAL OF HAZARDOUS BUILDING CHARGES ASSESSMENT
The Mayor opened the Public Hearing, no one came forth. The Mayor closed
the Public Hearing.
Johnson moved and Ahrens seconded the following resolution:
RESOLUTION #89 -114 RESOLUTION ADOPTING UNPAID REMOVAL OF HAZARDOUS
BUILDING CHARGES ASSESSMENT ROLL IN THE AMOUNT
OF $7,515.16 TO BE CERTIFIED TO THE COUNTY
AUDITOR AT 8% INTEREST - LEVY #11549
The vote was unanimously in favor. Motion carried.
1989 UNPAID CONSULTATION SERVICES BEFORE REMOVAL OF HAZARDOUS BUILDING
CHARGES ASSESSMENT
The Mayor opened the Public Hearing, no one came forth. The Mayor closed
the Public Hearing.
Jessen moved and Ahrens seconded the following resolution as amended:
RESOLUTION #89 -115 RESOLUTION ADOPTING UNPAID CONSULTATION SERVICES
BEFORE REMOVAL OF HAZARDOUS BUILDING CHARGES
ASSESSMENT ROLL IN THE AMOUNT OF $371.25 TO BE
CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST -
LEVY #11550
The vote was unanimously in favor. Motion carried.
1989 UNPAID REMOVAL OF DECK ON COMMONS CHARGES ASSESSMENT
The Mayor opened the Public Hearing, no one came forth. The Mayor closed
the Public Hearing.
Jensen moved and Johnson seconded the following resolution:
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RESOLUTION #89 -116 RESOLUTION ADOPTING UNPAID REMOVAL OF DECK ON
COMMONS CHARGES ASSESSMENT ROLL IN THE AMOUNT OF
$227.50 TO BE CERTIFIED TO THE COUNTY AUDITOR AT
8% INTEREST - LEVY #11583
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING - CASE #89 -843: CONSIDERATION OF 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, AUDITOR'S SUBD. #170, PID
#13- 117 -24 33 0024
Building Inspector Jan Bertrand reviewed this case with the Council. She
indicated there would be no exterior storage and trash would be kept in the
appropriate containers. She stated that the Planning Commission
recommended approval. Mr. Guthrie was present and accepted the conditions.
Ahrens moved and Jensen seconded the following resolution:
RESOLUTION #89 -117 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT
FOR ESTABLISHMENT AND OPERATION OF A CABINET
SHOP LOCATED AT 5448 SHORELINE DRIVE, PID #13-
117-24 33 0024
The vote was unanimously in favor. Motion carried.
CASE #89 -833: REQUEST FOR FENCE HEIGHT VARIANCE AND NONCONFORMING FENCES
AT 4309, 4313, 4317 & 4327 WILSHIRE BLVD. FOR JOHN MINAHAN, 4313 WILSHIRE
BLVD.
Building Inspector Jan Bertrand reviewed this case with the Council. Mr.
Minahan had installed a new fence the same height as the nonconforming
existing fence without a permit while building a new conforming attached
garage. This was brought to the attention of the Building Inspector and
also the fences at 4309, 4317 and 4327 Wilshire Blvd. all being higher than
4 feet according to the fence ordinance. Mr. Minahan was requesting a
fence variance to leave his new 6 foot fence in place stating the need due
to blowing snow, amount of plowed snow that builds up along the county
road, fishing traffic and noise. Jan indicated that the Planning
Commission unanimously recommended denial. It was pointed out to Mr.
Minihan that he could keep his 6' fence if he moves it back to allow the 20
foot front yard setback.
MOTION by Ahrens, seconded by Smith to approve 6 foot fence in the
front yard at 4313 Wilshire Blvd. The vote was Ahrens and Smith in
favor and Jensen, Jessen and Johnson voting no. Motion failed.
CASE #89 -836: 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 HANDED OUT TUESDAY EVENING)
The acting City Manager stated this item was referred to the City Attorney
at the last meeting so he could prepare a resolution of denial. This
resolution is prepared and is ready for adoption.
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September 26, 1989
Johnson moved and Ahrens seconded the following resolution:
RESOLUTION #89 -118 RESOLUTION DENYING REQUEST FOR SET BACK VARIANCE
AT 6201 BAYRIDGE ROAD
The vote was unanimously in favor. Motion carried to deny request.
CASE #89 -838: CONDITIONAL USE PERMIT AND OPERATIONS PERMIT FOR HENNEPIN
COUNTY AND BILL CLARK OIL, 5501 LYNWOOD BLVD., LOTS 35, 36 AND 37,
KOEHLER'S ADDITION TO MOUND, PID #13- 117 -24 33 0039
Johnson moved and Ahrens seconded the following resolution:
RESOLUTION #89 -119 RESOLUTION GRANTING APPROVAL OF A CONDITIONAL
USE ESTABLISHING THE BILL CLARK OIL COMPANY,
INC. PROPERTY, PID #13- 117 -24 33 0039, AS A
PLANNED INDUSTRIAL AREA PURSUANT TO SECTION
23.650 OF THE MOUND CODE OF ORDINANCES
The vote was unanimously in favor. Motion carried.
There was discussion as to screening the area. The Attorney stated it was
not required according to the ordinance.
Ahrens moved and Jessen seconded the following resolution:
RESOLUTION #89-120 RESOLUTION GRANTING AN OPERATIONS PERMIT FOR THE
BILL CLARK OIL COMPANY, INC., AT 5501 LYNWOOD
BLVD. , PID #13- 117 -24 33 0039
The vote was unanimously in favor. Motion carried.
Johnson moved and Ahrens seconded the following resolution:
RESOLUTION #89 -121 RESOLUTION GRANTING AN OPERATIONS PERMIT FOR
HENNEPIN COUNTY TO OPERATE AN INTERIM TRUCK
ROUTING STATION AT 5501 LYNWOOD BLVD.
Discussion was held relating to item 2B of the resolution.
MOTION by Johnson and seconded by Jensen to amend the resolution to
include "..trucks using the site shall be limited to a maximum of 15
during any calendar day. Truck routing on State defined holidays
and weekends is prohibited ".
The vote was unanimous on the amendment to Resolution #89 -121.
The vote was unanimous on the Resolution #89 -121 as amended. Motion and
amendment carried.
CASE #89 -840: WALTER GRAHAM, 4520 DENBIGH ROAD, LOTS 1,2,3, & NELY 1/2 OF
LOT 4, BLOCK 2, AVALON, PID #19-117 -24 21 0018. REQUEST: MINOR
SUBDIVISION AND SETBACK VARIANCE.
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This item was withdrawn at the request of the applicant.
CASE #89 -841: CARL HANSON (SELLER) & DOUGLAS VOGEL (BUYER), 1677 AVOCET
LANE, LOT 8, BLOCK 7, DREAMWOOD, PID #13- 117 -24 21 0018. REQUEST: LOT
AREA AND SETBACK VARIANCE
Building Official Jan Bertrand reviewed this item. She stated that item 3B
of the resolution needed to be amended "..story addition 4.4 feet..."
should read "..story addition 4.1 feet..." The Planning Commission
recommended Council approval.
Ahrens moved and Jensen seconded the following resolution:
RESOLUTION #89 -122 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO ALLOW A FRONT YARD SETBACK, SIDE
YARD SETBACK, AND LOT SIZE VARIANCE FOR LOT 8,
BLOCK 7, DREAMWOOD, PID #13- 117 -24 21 0018,
(1677 AVOCET LANE), PZ #89 -841
The vote was unanimously in favor. Motion carried.
CASE #89 -842: MARK HEESEN, 4669 CUMBERLAND ROAD, LOTS 43,44,45, & 1/2 OF
VACATED STREET, BLOCK 10, PEMBROKE, PID #19- 117 -23 33 0192/0193. MINOR
SUBDIVISION. 0
The Building Official reviewed this item. The conditions were acceptable
to the applicant. The Planning Commission recommended approval.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION #89 -123 RESOLUTION TO APPROVE MINOR SUBDIVISION FOR LOTS
43,44,45, AND ALL THAT PART OF VACATED STREET,
BLOCK 10, PEMBROKE, PID #19- 117 -23 33 0192/0193
(4669 CUMBERLAND ROAD). P & Z #89 -842.
The vote was unanimously in favor. Motion carried.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if there were any citizens present who wished to speak.
There were none.
AVALON PARK - BOAT DOCK
The Acting City Manager Fran Clark explained this item. At the September
12th meeting Councilmember Johnson stated he thought Avalon Park was
restricted to prohibit boat dockage. In 1977, the Avalon Park Improvement
association granted the City of Mound a permanent easement for park
purposes. She did find a letter in the property jacket to the Park Board
from members and neighbors of Avalon Park requesting they consider certain
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September 26, 1989
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restrictions. In July 1977, this property went tax forfeit and was taken
by the City for park and drainage purposes. In June of 1978, the State of
Minnesota conveyed this property to the City of Mound for park and drainage
purposes. There was no mention of dockage in these documents.
MOTION by Johnson, seconded by Jensen to direct staff to contact the
Park Commission to consider relocating commons docks that are on
Avalon Park. Motion was unanimously passed. The vote was
unanimously in favor. Motion carried.
PARR COMMISSION RECOMMENDATION ON SPRAYING HERBICIDES ON CITY PROPERTY
EXCEPT AT THE CEMETERY AND CITY HALL
The Acting City Manager stated that the City did spray for dandelions and
weeds but had stopped in 1985 due to the cost. The runoff into the lake.
Currently the cemetery and the City Hall are the only city properties that
are sprayed. The Park Commission would like the City to reaffirm its
policy on the use of herbicides on City property. After discussion Johnson
moved and Jessen seconded the following motion:
THE MOUND CITY COUNCIL HEREBY AGREES WITH THE PARR ADVISORY
COMMISSION THAT THE USE OF HERBICIDES ON CITY PROPERTY SHOULD BE
CAREFULLY MONITORED. BUT THE COUNCIL ALSO BELIEVES THAT THERE MAY
BE TIMES WHEN IT IS IN THE BEST INTEREST OF THE CITY AND ITS
ENVIRONMENT TO USE HERBICIDES. THEREFORE THE COUNCIL RESERVES TO
ITSELF THE RIGHT TO REVIEW THIS POLICY ON A CASE BY CASE BASIS
The vote was unanimously in favor. Motion carried.
REVIEW OF LIQUOR LICENSE AT THE JOCK CLUB AS IT RELATES TO RECENT VIOLATION
OF GAMBLING LAW AND CONSIDER SUSPENSION OR REVOCATION OF THE LIQUOR LICENSE
The City Council discussed the background on this item. The City Attorney
explained the proper forum for procedures to revoke or suspend the liquor
license. He then listed the options for the Council being: 1) There is
not any reason to consider the revocation or suspension at this time, or
2) If Council wants to consider the revocation or suspension of liquor
license, they need to refer this to the City Attorney for an outline.
MOTION by Johnson, seconded by Jensen not to pursue the revocation
or suspension of liquor license at this time. However, any type of
violation in the future will be harshly considered.
The vote was unanimously in favor. Motion carried.
STATUS OF COMPLAINT - MELVIN ZUCKMAN
City Attorney Curt Pearson updated the Council on this item. Mr. Zuckman
has obtained another attorney and the item has been continued. He
suggested the Council continue this item until the second meeting in
October.
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September 26, 1989
MOTION by Smith, seconded by Ahrens to continue this item for 30
days until the second meeting in October.
The vote was unanimously in favor. Motion carried.
RESOLUTION DIRECTING CITY ENGINEER AND ARCHITECT TO PREPARE PLANS AND
SPECIFICATIONS FOR THE UPGRADING OF CITY HALL FACILITIES AND PLANS AND
SPECIFICATIONS FOR THE STORING OF PUBLIC WORKS OUTDOOR MATERIALS ON THE
EAST AND WEST SIDES OF CITY HALL
City Engineer John Cameron reviewed this item with the Council. He
discussed the City Planner's letter with the Council. It states that the
city hall, including the east and west sides of it are zoned R -1. The
zoning code requires a conditional use permit for any public facility.
Also Mark's letter mentioned the possible environmental issues associated
with the long term storage of salts and other materials on the west side of
city hall, which is adjacent to Lost Lake. The cost of pursuing plans and
specs for the storage areas was discussed. Cameron had checked with a
contractor and it is possible the City could save a small amount of money
if the facility and storage were all bid as one project. It could cost
$5000 to $6000 just to prepare the plans and specs for the bid on the east
side only, without even knowing if the storage areas would comply with the
zoning.
MOTION by Jessen, seconded by Ahrens to direct the city planner to
meet with the Planning Commission to study the zoning and concept
issues of outdoor material storage and the zoning situation and to
report back to the Council by the second Council meeting in
November.
The vote was unanimously in favor. Motion carried.
Council further discussed the resolution that had been prepared to proceed
with plans and specifications for the upgrading of city hall facilities and
plans and specifications for the storing of public works materials on the
east and west sides of city hall. Council agreed to delete the last 5
WHEREAS statements and to add the following:
"WHEREAS, the City Council would like to consider the location of
outdoor storage near the City Hall location, but realizes that the current
zoning ordinance does not adequately address the location, use or controls
as it relates to outdoor storage of materials and therefore has referred
this general study to the City Planner and Planning Commission for studies
and for their advice and recommendations on or before November 28, 1989 on
changing the zoning ordinance to provide for the outdoor storage of
materials and adequate controls and standards."
Council deleted #2 and #3 under the NOW, THEREFORE,BE IT RESOLVED.. and
added the following:
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Mound,
Minnesota, does hereby direct the City Engineer and Architect to do the
following:
1. Prepare plans and specifications for upgrading of the City
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September 26, 1989
Hall facilities per the Citizen's Task Force on Public
Facilities recommendation.
2. The Planning Commission is directed to report on required
zoning ordinance changes on or before November 28, 1989.
Jensen moved and Johnson seconded the following resolution as amended
above:
RESOLUTION #89 -124 RESOLUTION DIRECTING THE CITY ENGINEER AND
ARCHITECT TO PREPARE PLANS AND SPECIFICATIONS
FOR THE UPGRADING OF CITY HALL FACILITIES;
DIRECTING THE PLANNER AND PLANNING COMMISSION TO
STUDY THE ZONING AND CONCEPT ISSUES OF OUTDOOR
MATERIAL STORAGE.
The vote was unanimously in favor. Motion carried.
RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF MAYWOOD ROAD
MOTION by Johnson, seconded by Jensen to table this item until nest
meeting so the City Engineer can obtain more information from the
State MSA office on timetables.
The vote was unanimously in favor. Motion carried.
REVIEW OF PROPOSED PEMBROKE PARR IMPROVEMENT
The City Engineer updated the Council on this item. The fence will be
extended past the rip rap to the northeasterly park boundary with an eight
foot wide step and insertable poles for the winter. The fence type will be
split rail which is cheaper than chain link and more attractive. The side
of the park that is adjacent to the private property will not be fenced.
MOTION by Johnson, seconded by Jessen to approve the installation of
a split rail fence with an 8' opening at the rip rap side with
insertable poles to prevent winter traffic in the park. Park will
not be fenced on the private property side. The vote was
unanimously in favor. Motion carried.
SET PUBLIC HEARING AND RECONVENED PUBLIC HEARING FOR 1990 OPERATING BUDGET
SUGGESTED DATES: OCTOBER 24, 1989 AND OCTOBER 26, 1989 AND /OR NOVEMBER 1,
1989, IF NEEDED.
The Acting City Manager stated that all of these dates depend upon what the
State Legislature does the week of September 25, 1989.
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MOTION by Ahrens, seconded by Johnson to set the dates of October
24 and 26, 1989 and /or November 1, 1989, if needed for public
hearings for the 1990 operating budget. The vote was unanimously in
favor. Motion carried.
CERTIFICATION OF PROPOSED TAX LEVY FOR 1990
Johnson moved and Ahrens seconded the following resolution.
RESOLUTION #89 -125 RESOLUTION APPROVING THE 1990 TAR LEVY AT
$1,305,244
The vote was unanimously in favor. Motion carried.
PAYMENT OF BILLS
MOTION made by Ahrens, seconded by Johnson to authorize the payment
of bills as presented on the pre -list in the amount of $199,736.52,
when funds are available. A roll call vote was unanimously in
favor. Motion carried.
INFORMATION /MISCELLANEOUS
A. Financial Report for August 1989, as prepared by John Norman,
Finance Director.
B. Park Commission Minutes of August 10, 1989.
C. Planning Commission Minutes of September 11, 1989.
D. LMCD Mailings.
E. Letter from Dennis Hansen, Hennepin County, on status of
traffic signal at Commerce Blvd. and Lynwood Blvd.
F. Notice from Triax Cablevision regarding a rate increase to go
into effect November 1, 1989. (PLEASE NOTE: Federal law
prohibits cities from regulating Cable TV rates. This has
been in effect since 1984.)
G. Invitation to attend Open House at Reed and Pond, Wednesday,
September 27, 1989, 4 - 8 PM.
H. Materials received at seminar on aquatic weeds held at
Hennepin Parks, September 20. Jim Fackler, Park Director and
Ed Shukle, City Manager attended.
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September 26, 1989
MOTION by Ahrens, seconded by Jessen to adjourn at 11:05 PM. The
vote was unanimously in favor. Motion carried.
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Francene Clark, Acting City Manager
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Linda Strong, Acting Cit Clerk
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