1986-03-1735
March 17, 1986
MINUTES - MOUND CITY COUNCIL - SPECIAL MEETING
MARCH 17, 1986
The City Council of Mound, Hennepin County, Minnesota, met in
special session on Monday, March 17, 1986, at 7:30 P.M. in the
Council Chambers at 53+1 Maywood Road in said City.
Those present were: Mayor Bob Polston, Councilmembers Phyllis
Jessen, and Steve Smith. Councilmembers Paulson and Peterson
were absent and excused. Also present were: City Manager Edward
J. Shukle, Jr., City Attorney Curt Pearson, City Clerk Fran
Clark, City Engineer John Cameron, City Planner Mark Koegler,
Building Official Jan Bertrand, and the following interested
citizens: Paul V. Gahlin, Charlie Jones, Todd and Ki,m Yilek,
Bonnie Lanns, Cherryl & Rick Libra, Phillip & Eva Hasch, Ken
Smith, Cheryl Grand, Larry Connolly, Buzz Sycks, Larry Blackstad,
Richard Johnson, Rex Alwin, Linda Strong.
The Mayor opened the meeting and welcomed the people in
attendance.
MINUTES
The Minutes from the February 25, 1986, Regular Meeting were
presented for consideration.
MOTION made by Jessen and seconded by Smith to approve the
Minutes of the February 25, 1986, Regular Council Meeting as
presented. The vote was unanimously in favor. Motion
carried.
PSIBLIC HEARING: YEAR XII CDBG FUNDS
The Mayor opened the Public Hearing and asked if there was anyone
present who wished to comment on the proposed use of Year XII
CDBG Funds. There was no response. The Mayor closed the .Public
Hearing. Action on this item was moved to later in the meeting
to allow Larry Blackstad from Hennepin County Office of Planning
and Development to arrive with his presentation.
C
The City Planner stated that Mr. Jones proposes to operate the
Seton Channel Marina (formerly Martin & Son and Blue Lagoon). He
is proposing to provide boat rentals (18 boats), discontinue all
boat service except emergency service on boats that are harbored
in the marina, a marina office to be located on the lower level
of the garage on Lot 19. It is also his intent to sell gasoline
to the general public so he had requested approval to install a
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March 17 , 1986
7,500 gallon underground gas tank with a two hose dock dispenser.
Boat storage on the site during the winter would be limited to
marina owned boats only. The Planning Commission reviewed the
request and has recommended approval with conditions as stated in
their Minutes of February 10, 1986, which would include only
allowing a 5,000 gallon underground fuel tank with a one hose
dock dispenser.
The Mayor asked if increasing the gas tank size to 5000 or 7500
gallons from the existing 500 gallons would bean expansion of a
non-conforming use. The City Attorney stated, yes, it would be
an expansion. He further stated that the applicant can continue
to do what was done before at the site.
The Mayor opened the Public hearing and asked if there was anyone
present who wished to speak in favor or against this item.
Todd and Kim Yilek, Bonnie Lanns, John Huboba, Cherryl & Rick
Lebra gave the following reasons for their being against the
issuance of a new Conditional Use Permit:
1. Selling gas publicly will increase the boat traffic and
conjestion in the Seton Channel, w hick in turn will.
increase noise pollution. and gas fume odor in the
neighborhood. -
2. The neighbors also polled the residents of Spring Park
who live in the condos on Seton Channel and they were
also against expansion of this Conditional Use Permit.
3. They were against the office being put under the garage
on residentially zoned Lot 19.
4. They were concerned about the possibility of an
explosion from improperly vented boats.
5. They were concerned about the length of time it would
take for due process if the Conditional Use Permit were
granted and then needed to be revoked.
6. They were concerned about the lack of parking spaces for
cars.
7. They did not like the larger gas tank and were concerned
about the times it would be filled.
The applicant, Charlie Jones, stated that an underground tank,
which would be approved by the LMCD, DRN and the State .Fire
Marshal, would be much safer than the existing above ground tank.
He offered to put "Slow" buoys in the Seton Channel and stated
that the larger tank and 2 hoses would decrease any boat backup
in the Seton Channel. He further stated that the larger tank
would require filling less often. He stated there are 3~+ parking
spaces and if additional parking were needed, he has worked out a
deal with Babler Auto Body to use their parking facilities on
County Road 15.
The residents stated that parking has been a problem in the past
and asked that the Council look into the parking situation. Mr.
Jones stated he would remove some small sheds on the property and
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March 17, 1986
without the above ground tank there w ould be additional parking
spaces provided.
The Mayor closed the Public Hearing.
The Council discussed the Planning Commission recommendations.
Councilmember Smith stated that he agreed with Planning
Commission recommendations 1-6 and 8-14, but that he does not
agree with commercializing a residential area.
Mayor Polston stated that he is not in favor of the expansion of
a nonconforming use by increasing the size of the gasoline tank
and he is concerned that no parking plan was submitted with the
proposal.
MOTION by Mayor Polston to deny the Conditional Use Permit
for Seton Channel Marina. The motion died for lack of a
second.
The Council discussed the compromises that the Planning
Commission and Mr. Jones had come to; no repair of boats vs. the
installation and use of an underground gas tank.
The City Attorney noted that the Council can ask for a parking
plan and for site. drawings as part of the C.U.P.
Mr. Jones offered to reduce the size of the gas tank to ~F000
gallons and increase the parking spaces by 4.
Planning Commission Member, Ken Smith, stated that the Planning
Commission felt the 500 gallon above ground gas tank was a
greater risk than allowing a 5,000 gallon underground tank .and 1
gas hose.
MOTION made by Polston, seconded by Smith to deny the
issuance of Conditional Use Permit to Seton Channel Marina,
based on the facts that it would be an expansion of a
nonconforming use.. The vote was 2 in favor with Jessen
voting nay. Motion carried.
YEAR XII CDBG FUNDS:
This item was returned to the floor from earlier in the Agenda.
The City Manager gave the background of CDBG funding and
introduced Mr. Larry Blackstad from Hennepin County Office of
Planning and Development.
Mr. Blackstad stated that there are 3 objectives in the use of
CDBG funds: 1 ) to benefit low and moderate income families; 2)
for economic development programs; and 3) for social service type
programs. Mound has about $55,000 in-Year XII funds which are
being proposed to to used as follows:
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March 17, 1986
Senior Citizen Counselling _ $x+,121 .
Senior Citizen Coordinator $11,798•
Westonka Intervention $1,000.
Park Improvements (Clover Circle,
Belmont, Seton, Edgewater, Tyrone,
Avon, Wychwood, Swenson, Doone &
Avalon) $10,000.
Rehabilitation Private Property - $28,081.
He further stated that about $33• million dollars has been spent
in Hennepin County in the last 12 years.
Jessen moved and Smith seconded by following resolution:
RESOLUTION #86-31 RESOLUTION APPROVING THE PROPOSED PROGRAM
FOR YEAR %II URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
AND AUTHORIZING ITS SUBMITTAL
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING, SUBDIV~ION OF LAND. CASE #85-50~. RICHARD T.
The City Planner went over his recommendations as stated in the
proposed .resolution on Page 537 of the Council Packet.
The City Attorney asked that #5 be c-orrected to read as follows:
"All future subdivisions of the newly created lots shall comply
with the provisions of the subdivision code of the City of
Mound." He also asked the a #8 be added to read as follows:
rrThere be a Title Opinion done by the City Attorney of the City
of Mound". And that the 3 recommendations of the City Engineer on
Page 532 of the Council Packet be included in the resolution.
The Mayor opened the Public Hearing and asked if there was anyone
present who wished to speak in favor or against this item.. No
one responded. The Mayor closed the Public Hearing.
Jessen moved and Smith seconded the following resolution:
RESOLUTION #86-32 RESOLUTION APPROVING A PRELIMINARY PLAT
FOR A FOUR LOT SUBDIVISION OF BLOCK 11,
MOUND TERRACE, LOTS 5, 6, AND THE WEST ONE
HALF OF LOT 4, AS AMENDED BY THE CITY
COUNCIL ADDING THE ITEMS LISTED ABOVE FOR
RICHARD T. ANDERSON
Mr. Anderson objected to the following item in the above
resolution: "Restriction be placed of record that no variances
will be granted as part of any future 'subdivision". The Council
discussed this and decided to leave it in the resolution.
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March 17, 1986
pISCUSSION: LOST LAKE PROPERTY
The City Planner presented the report he had done for the
Planning Commission based on the Council's motion of February 25,
1986. This report noted that the most taxes could be generated
by residential development based on some assumptions.
Ken Smith, Planning Commission Member, was present and stated
that they felt there was not enough time to analyze all the
options available. He stated that since the effect of their
decision could be a lasting one for Mound, they w ould rather move
slowly and deliberately.
The Mayor stated it was not the Council's intent to tell the
Planning Commission what to do or put pressure on them.
Buzz Sycks stated that Town Square is an. outgrowth of their
ideas. He further stated that businesses in the Lost Lake area
would tie the whole town together.
The Mayor suggested letting the Planning Commission use the City
Attorney, City Planner and City Manager to help devise a plan on
how this site should be developed.
The City Manager stated that there are CDBG funds available to do
a market analysis o~ the property.
Councilmember Smith stated that he thought both developers should
present what they have to the Planning Commission.
Councilmember Jessen suggested the City advertise for other
developers and set up an ongoing or ad hoc committee to work on
this with the Planning Commission.
The Council discussed not liking holding the 2 developers who
have made proposals at bay, but by the same token wanting to do
what will be good for the City now and in the future because
whatever is done will have a lasting effect on the City.
MOTION made by Jessen, seconded by Polston to do the
.following as it relates to Lost Lake:
1. Let the Planning Commission and/or an ad hoc
committee use the City Attorney, City Planner and
the City Manager along with any other, outside
professionals to devise a plan on how this site
should be developed.
2. Ask that the Planning Commission look at the 2
plans. that were previously proposed as soon as
possible.
The vote was unanimously in favor. Motion carried.
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March 17 , 1986
SUBDIVISION OF LAND: LYNWOOD BLVD. PROJECT
The City Engineer explained that Parcels 1, A & B are now ready
to be subdivided as part of the Lynwood Blvd. Improvement
Project. ThePlanning Commission recommended approval.
Jessen moved and Smith seconded the following resolution:
RESOLUTION #86-33 RESOLUTION TO APPROVE A SUBDIVISION OF
CERTAIN .PROPERTY IN THE LYNWOOD BLVD.
IMPROVEMENT PROJECT (PARCELS 1, A & B)
The vote was unanimously in favor. Motion carried.
The City Planner stated that the FCC regulations take effect
today and he and the City Attorney are recommending that-this
item not be acted upon until they see the FCC ruling. No action
was taken.
The bills were presented for consideration.
MOTION made by Jessen, seconded by Smith to approve the
payment of bills as presented on the pre-list, in the amount
of X102,534.90, When funds are available. The vote Was
unanimously in favor. Motion. carried.
A. February 1986 Department Head Monthly Reports. The Council
stated they appreciated these reports.
B. Notice of tour of Chapman Place scheduled for March 25, 1986,
at 6:00 P.M. before the next Council Meeting..
C. Letter from Louis M. Breim hurst, Chief Administrator,
Metropolitan Waste Control Commission (MWCC) regarding
wastewater flow during 1985 in Mound.
D. Memo on parking standards - LMCD.
E. Memo on personnel changes.
HRA APPOINTMENT
The Mayor stated that Tim Lovaasen has resigned from the HRA
because of prior committments. He is suggesting that the Council
appoint Pinky Charon to the vacant position.
Jessen moved and Smith seconded the following resolution:
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March 17, 1986
RESOLUTION #86-3~ RESOLUTION APPOINTING PINKY CHARON TO THE
HOUND HOUSING ~ REDEYELOPHENT AUT80RITY TO
FILL THE UNEXPIRED TERM OF TIN LOVAASEN
(TERIi EXPIRES 8-29-87)
The vote was unanimously in favor. Motion carried.
MOTION by Jessen, seconded by Smith to adjourn at 10:15 P.M.
The vote was unanimously in favor. Notion carried.
Edward J. Sh k , Jr., City Ma ger
c
Fran Clark, CMC, City Clerk
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