1986-05-1366
May 13, 1986
MINUTES - MOUND CITY COUNCIL - REGULAR MEETING
MAY 13, 1986
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday., May 13, 1986, at 7:30 PM, in the
Council Chambers at 53+1 Maywood Road, in said City.
Those present were: Mayor Bob Polston, Councilmembers Phyllis
Jessen, Gary Paulsen, Russ Peterson and Steve Smith. Also
present were: City Manager Edward J. Shukle, Jr., City Attorney
Curt Pearson, City Engineer John Cameron, City Planner Mark
Koegler, Building Inspector Jan Bertrand and Acting City Clerk
Linda Strong. The following interested persons were also
present: Larry Connolly, Cheryl Grand, Riehard Payne, Mary
O~Hara, Duane Barth, Andrew Mahoney, Scott Danielson, Rick Lebra,
Cheryl Lebra, Kim Yilek, Todd Yilek, Everett Junge, Suzanne
Schmidt, Stephen Schmidt, Bill Merriam, Nancy Merriam, Ron
Johnson, Hank Roelof s, John Thoresen, Rod Larson, Pam Swih.art,
Frank Aherns, Jeanette Gellman, Larry Beno, Judy Soukup and
Audrey Evans.
The Mayor opened the meeting and welcomed the people in
attendance. He mentioned the deletion of item 4~7, 9 and 12 from
the agenda. He also mentioned the addition of items to be
discussed .at the end of the agenda.
MINUTES
The Minutes from the April 29, 1986, Regular Meeting were
presented for consideration.
MOTION made by Peterson, seconded by Paulsen to approve the
_ Minutes of the April 29, 1986,. Regular Meeting as presented.
The vote was unanimously in favor. Motion carried.
PUBLIC ~HEARING• ISSUANCE OF A CONDITIONAL USE PERMIT
ESTABLISHING A PLANNED DEVELOPMENT AREA AND APPROVAL OF A
PRELIMINARY PLAT FOR COOKS BAY ESTATES, LOCA ED IN THE 2900 BLOCK
OF THE HIGHLANDS (PID ~2~-117-2~4 41 0017)
The Mayor asked the City Planner, Mark Koegler, to present this
item. He explained that Creative Developers, Inc., wanted to
construct eight single family detached homes, on lots ranging in
size from 6,260 sq. ft. to 8,10+ sq. ft. on two acres of land,
with a common outlot of 31 ,941 sq. ft. The frontage of
the plat facing Highland Blvd. on the west and the outlot on Lake
Minnetonka to the east. The proposed site plans shows the eight
family units sharing four common driveways. Side yard variances
and lot width variances will be required if constructed. There
are some compromises stated by the Planning Commission. If the
Council finds the proposal favorable, there are nine conditions
to be considered. The Mayor introduced Duane Barth, the
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May 13 , 1986
developer of Cooks Bay Estates. Mr. Barth stated that by looking
at the site impact and doing a considerable market study of the
neighborhood, the price range of the proposed homes is in a
comparable range. The plan as proposed, would preserve the
shoreline by having only one stairway to one main dock. He then
presented a second option to the Council, which meets the
ordinances and~lot size requirements. Option two provides seven
lots. However, there would be much more grading required, more
trees removed and a large cul-de-sac feeding the driveways for
the seven homes. He described the modifications to this plan.
The Mayor asked Mr. Barth if this was a new plan and if it had
been introduced to the Planning Commission. Mr. Barth said that
this was just another option to consider if the first one is
denied.
The Mayor opened the Public Hearing and asked if there was
anyone present who wished to speak for or against the item.
John Thoresen, 5845 Fairfield Rd.: The units are too close
together, the present business (daycare) would still operate
during the construction of the outside units causing dangers for
the children at the daycare facility.
Pam Swihart, 2896 Highland Blvd.: Fewer home units would be more
acceptable to the neighborhood and would fit in better.
Larry Beno, 2885 Highland Blvd.: The vehicle traffic is heavy
there already.
Rod Larson, Bill Merriam, Jeanette Gellman, Sue Schmidt, Bonnie
Bierbaum, neighbors of proposed project, agreed with the reasons
mentioned for the Council to deny approval.
The Mayor closed the Public Hearing.
The Mayor asked the City Attorney to state the reason for Public
Hearings. Curt Pearson, City Attorney explained that the
application presented is for a Planned Development Area, which is
a special provision of the code. The application for
Conditional Use Permit does require the developer to spell out
all details of the project. The ordinance allows cluster
platting, homeowners association, park dedication. The
application as presented is proper by this ordinance. Option two
from the developer is not a PDA, and the Council would have less
input. The reason for thePublic Hearing was for the people in
the affected area to have an input. The Mayor interjected that
the developer does have the right to develop his property and
. that if the original plan was denied, the developer could use
option ~~2 with little public input.
There was discussion by the Council. The Council asked if the
neighbors could meet again with the developer to possibly reduce
the unit count to six. Mr. Barth agreed to meet again. John
Thoresen stated that had been discussed previously. Mr. Thoresen
said the neighborhood would meet again with Mr. Barth if there
k*as a staff or Council person present at the meeting.
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May 13, 1986
MOTION made by Smith and seconded by Paulsen to table and to
resubmit to the Planning Commission the two proposals for
Cook's Bay Estates, as presented by Duane Barth. The vote
was 3 in favor with Peterson voting nay. Motion carried.
Gouncilm ember Jessen stated that with only two acres available to
build on, it was not feasible for eight homes. Building on seven
lots would lose lakeshore. Six straight lots would economically
be the. best approach.
MOTION by Polston and seconded by Smith that the City Planner
and the City Engineer and the Building Inspector be directed
to meet W ith the neighborhood group and the developer to try
and work out a compromise plan that would work within the
area. The vote was unanimously in favor. Motion carried.
PUBLIC HEARING• VARIANCE, CONDITIONAL USE AND A PRELIMINARY PLAT.
FOR SETON PLACE, LOCATED ON LOTS 7, 8 AND q, BLOCK 29 AND PART OF
LOT 6, BLOCK 18, SETON (48XX WILSHIRE BLVD , PAD X24-227-24 ~
00~7l00~8).
The Mayor asked City Planner, Mark Koegler, for a summary of this
item. The property was rezoned to R-3, w hieh allows the twin
home usage. The property as proposed, will be divided into six
lots with three structures containing three twin home buildings.
As proposed, the project will require the issuance of front yard
variances for .units on lots 3 and 4 and side yard variances along
. the common lotlines between lots 2 and 3 and between lots 4 and
5. The proposal conforms to the Mourrd Zoning Code, except for
these requested variances. The front yards of lots 3 and 4
contain a MWCC lift station. This lift station lies directly out
of the front door of the third home. If the lift station ever
-needs maintanence, the front yards of lots 3 and 4 would have to
be completely torn up. To alleviate this situation, the Planning
Commission may want to consider asking the applicant to move the
building. on lots 3 and 4 to establish a 28 to 30 foot rear yard
setback, thereby increasing the area in front of the property.
The staff and Planning Commission does recommend approval with
that modification and subject to the seven conditions listed in
the staff report.
The Nayor presented a petition that was submitted to the Council
with 10 signatures in opposition.
MOTION made by Paulsen and seconded by Jessen to accept the
petition. The vote was unanimously in favor. Motion
carried.
The Mayor introduced Mr. Dick Smith, developer of Seton Place.
He described the homes as true colonial configuration, with no
basements because of the water level. The living space w ould be
pulled back from the side lot lines another nine feet over the
garage. The Council discussed this item with Mr. Smith. He
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May 13 , 1 986
plans to screen the lift station area. Paulsen asked the staff
to look at the petition.
The Mayor opened the Public Hearing asking if anyone present
would like to speak in favor or against the Conditional Use
Permit for Seton Place.
Mary O'Hara, X843 Wilshire, stated that there is an odor from the
lift station.
Bernard Lister, 2721 Tyrone Lane, lives next door to the
development, wondered how much of the hill would be removed to
build and would water runoff be affected. Mr. Smith said there
would be no change to the watershed. Mr. Smith stated lot size
would be 6,000 square feet of dry land. The marsh behind the
development would not be disturbed. Mr. Smith said there was a
channel to the lake, however no docks were in the planning.
The Mayor closed the Public Hearing and turned the item to the
Council. The petition was discussed with the City Planner and
the Council. Paulsen said the center building should be moved
back to allow room for access to the lift station. Jessen
commented that the lots were too small to support three twin
homes. Peterson suggested amending the resolution to remove the
side yard variances. The City Planner briefly clarified what the
resolution states. It does list the side yard variances that had
been .discussed being removed. It also states that in lots 3 and
4 that the rear yard variances that was talked about should be
approved provided it's reviewed and approved by the LMCD. The
way the resolution reads is that if the LMCD does not approve
that and the Planning Commission that offered this
recommendation, it would have to com a back to be reviewed by the
City before any variances would be permitted. It is either all
or nothing the .way its written right now. This should be
clarified.
MOTION made by Peterson and seconded by Polston to amend the
r. esolution to delete the side yard variances. The vote was
3 in favor with Jessen and Paulsen voting nay. Motion
carried.
Mr. Smith said that leaves him to build a standard tuck under
singe garage. Jessen suggested building two units instead of
three. Mr. Smith felt .three twin units would be better
architecturally. Peterson said if Council approves this three
foot side yard variance, then there would be more requests for
this type of variance in the future from other developers. Mr.
Smith felt that it was best to stay away from the lake. He said
that the house in the middle of the lots will stop the snowmobile
entrance onto the lake.
Peterson moved and Polston seconded the following resolution:
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May 13, 1986
RESOLUTION #86-53 APPROVING A PRELIMINARY PLAT, CONDITIONAL
USE PERMIT AND VARIANCES FOR A 6 LOT
SUBDIVISION OF LOTS 7, 8, ~ 9, BLOCK 29
AND PART OF LOT 6, BLOCK 18, SETON, PID
NUMBERS 24-227-24 14 0037/0038/0039/0013,
AS AMENDED TO DELETE THE ALLOWANCE OF SIDE
YARD VARIANCES.
The vote was 4 in favor with Jessen voting nay. Motion carried.
PUBLIC HEARTNG• PROPOSED AMENDMENT TO YEAR XI COMMUNITY DEVEL-
OPMENT BLOCK GRANT FUNDS (CDBG)
The City Manager introduced this item. During Year XI, some of
the money has been used. Apparently there has been a
miscommunication with some of the local businesses. Some of the
people were not aware there was a Pbblic Hearing. The proposed
resolution was to upgrade part of Lynwood Boulevard between
Belmont Lane and the point where trucks will enter to and from
the Balboa parking lot and that part of Fairview Lane between
County Rd. (~15 and the Dakota Railroad. The reason being that
the loading docks will be used all year by Balboa and the load
limit on these roads is only 5 ton and needs to be upgraded to 9
ton. The estimated cost to be $53,000. Balboa is interested in
improving the roads. Hennepin County and the Department of
Housing and Redevelopment has granted preliminary approval to
amend the Block Grant Program, allowing approximately $40,000 to
. go to this project, with the balance to be paid by Balboa. The
City Manager has spoken to Balboa regarding this
. miscommunication. He proposes to delay the resolution for 30
days to give the local businesses time to apply, continuing the
Public Hearing on June 10, 1986. This is an economic development
project which revitalizes the former Tonka Toys building and is
important for the City and the tax base, that is why HUD approved
this grant. On the other hand, the City has the funds available
to local businesses and if they were not aware of this hearing,
they should be given a chance to apply also. The City Manager
then asked that Mr. Dan Tyson, Balboa~s attorney, and Mark
Lundgren with Balboa be allowed to make their presentation
tonight.
Dan Tyson spoke in favor of the resolution. The street
improvement is a requirement of the redevelopment of the
building. Balboa has invested money into the building thus
offering many jobs for the community. The truck access was
anticipated when other improvements were approved.
John Cameron, City Engineer, commented that this was brought up
at the December 17, 1985 meeting, that this would be discussed
with Balboa as the project developed.
The Mayor opened the Public Hearing asking if there was anyone
present wishing to speak in favor or against this item.
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May 13 , 1986
Larry Connolly felt that this information was not mentioned
specifically in the public notice. Three businesses were unaware
that there was any money left in this fund to apply for. He had
no objection to Balboa using the funds. He felt time should be
given to the community businesses to respond to this notice.
The Mayor closed the Public Hearing.
MOTION made by Jessen and seconded by Paulsen to continue the
Public Hearing until June 10, 1986, regarding the decision to
reallocate Year XI Mound/Urban Hennepin Community Development
Funds. The vote was unanimously in favor. Motion
carried.
PUBLIC HEARING: INPUT ON 1987 BUDGET
The Mayor opened the Public Hearing and asked if there was anyone
present who has input to the Budget for the City Council on
proposed new services or reduction in services for 1987.
Larry Connolly stated how much the spring clean up was missed by
the people in his area. If funds would become available, this
clean up should be reinstated. The Mayor said the clean up was
dropped due to no funds from Federal Revenue Sharing, w hich
funded this project.
Frank Ahrens pr-assed the fire, police, road and snow removal
services, hoping these services could remain at the same level.
He questioned the over all cost of the recycling program and if
there was a dollar return. He would like to see the budget stay
within the inflation rate. He realized the high cost of
insurance brought the budget up from prior years.
Phyllis Jessen stated that the County Board has just passed a
16~ goal in recycling for each city within Hennepin County, this
is going_to be required. The City of Mound has a 20% involvement.
Russ Peterson stated that comments from citizens are always asked
for and welcome at every Council meeting. _
The Mayor closed the Public Hearing.
BID AWARD: 1986 STORM SEWER IMPROVEMENT - BEACHWOOD POND
John Cameron, City Engineer, stated the low bid was from B & D
Construction for $20,669.00. This is higher than the estimated
cost of $18,230.00. The City has not worked with this company
before, but in contacting other engineering firms, have received
good reports on projects completed by B & D in Navarre and
Shorewood.
Paulsen moved .and Peterson seconded the following resolution:
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May 13, 1986
RESOLUTION 86-54 RESOLUTION TO APPROVE THE LOW BID OF
$20,669. FROM B & D CONSTRUCTION FOR STORM
SEWER IMPROVEMENTS, BEACHWOOD POND.
The vote was unanimously in favor. Resolution passed.
~tEOUEST FOR AN EXTENSION ON VARIANCE FOR LOTS 1 & Q., HIGHLANDS -
GARY HEINES.
Mayor Polston moved and Councilmember Smith seconded the
following resolution:
RESOLUTION #86-55 RESOLUTION
GRANTING A
FAMILY UNIT
HIGHLANDS,
TO EXTEND RESOLUTION #85-59,
VARIANCE FOR BUILDING A SINGLE
ON LOTS 1 AND 9, BLOCK 13, THE
PID #23-117-2~+ 31 0050/0056.
The vote was unanimously in favor. Resolution passed.
RECOGNITION OF EXISTING NON-CONFORMING STRUCTURES RICHARD PAYN~
479 KILDARE ROAD, LOTS 10 & 11, BLOCK 1~4, SETON, PID #19-117-2~
0008/0009.
The Building Inspector updated the Council on this item. In 1979
the Council approved a six inch street vacation to remove the
existing home from public right-of-way. It was also approved at
that time. to .construct a deck. Now Mr. Payne would like to
. construct a 26' x 21' tuck under garage addition with a living
area above it. The addition will be setback to the conforming 20
foot setback, conforming side yard setbacks. The Planning
Commission agreed with staff recommendation that if Mr. Payne
continued the use of the tuck under garage, that it be brought up
to building code,. Mr. Payne would like item ~~1 in the resolution
reworded "...the basement garage be brought up current building
code requirement if the existing garage is used to park motor
vehicles'!. The Planning Commission recommendation was the new
addition proposed be constructed to meet current setback
requirements.
Smith moved and Peterson moved the following resolution:
RESOLUTION #86-56 RESOLUTION TO CONCUR W ITH THE PLANNING
COMMISSION APPROVAL TO RECOGNIZE AN
EXISTING NONCONFORMING STRUCTURE FOR
LOTS 10 AND 1 1 , BLOCK 1 ~, SETON, PID #19-
117-23 23 0008/0009 0+739 KILDARE
RD), AS AMENDED.
The vote was unanimously in favor. Resolution passed.
SET DATE FOR PUBLIC HEARING TO CONSIDER MODIFICATION OF THE
ZONING CODE TO ESTABLISH MINIMUM HEIGHT AND WIDTH REGULATION FOR
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May 13 , 1986
MOTION made by Jensen, seconded by Paulsen to set June 10,
1986, for a public hearing to consider modification of the
Zoning Code to establish minimum height and width for
housing. The vote was unanimously in favor. Motion carried.
('nMMFNTS AND SUGGESTIONS FROM CITIZENS PRESENT
Larry Connolly rementioned to give more definition as to what
public hearings are about so the community understands. The
Mayor stated that the papers cover items very well, and it is
difficult to reach the people, if they don't read the Laker.
~„REE REMOVAL LICENSE - ROBERT F. DAHLKE
NOTION made by Smith and seconded by Peterson to authorize
the issuance of tree removal license to Robert F. Dahlke.
The vote was unanimously in favor. Motion carried.
Robert & LaDonna Dybing, 1737 Canary Lane
Amdrew Brookman Mahoney, 4645 Island View Drive
Michael Blunt, 4771 Island View Drive ,
Jensen moved and Smith seconded the following resolution:
RESOLUTION X86-57 RESOLUTION TO APPROVE THREE MAINTENANCE
PERMITS AS PRESENTED.
The vote was unanimously in favor. Resolution passed.
PAYMENT OF BILLS
The bills were presented for consideration.
MOTION made by Paulsen and seconded by Peterson to approve
.the payment of bills presented on the pre-list in the amount
of $111,200.51, when funds are available. A roll call vote
was unanimously in favor. Motion carried.-
SET DATE FOR A PUBLIC HEARING ON THE VACATION OF A PORTION OF
CRESENT ROAD,. SUGGESTED DATE• JUNE 10, 1986.
MOTION made be Peterson and seconded by Paulsen to set June
10, 1986, for Public Hearing to vacate a portion of Cresent
Road. The vote was unanimously in favor. Motion carried.
RECONSIDERATION OF RESOLUTION #85-121
The Building Inspector explained. The resolution ~~85-121, as it
is written, does not clarify which building should be removed and
which building should be brought up to which code. Mr. Thompson
has a permit now to bring the existing garage up to building
7~
May 13, 1986
code. Clarification is needed from the Council before Mr.
Thompson can proceed with the work on the garage. The Mayor
directed staff to research this item for clarification, and
return with the information at the May. 27, 1986 meeting.
INFORMATION/MISCELLANEOUS
A. Information from City Clerk on Cost of Mailing notices
on Maple Hill Estates - Rezoning in Minnetrista.
B. Dock Inpsector Report Dated May 8, 1986
C. Planning Commission Minutes of April 28, 1986
D. Letter from Edward T. Lehman, Mound,
E. Notice of Association of Metroploitian Municipalities
Annual Meeting to be held Wednesday, May 21, 1986, in
St. Paul.
F. School District 277 Meeting, Minutes of April 1986.
G. IIepartment Head Monthly Reports for April, 1986
H. REMINDER: Annual League of Minnesota Cities (LMC)
Conference, June 17-20, 1986, Duluth.
I. Consultant Proposals on Lost Lake Market Analysis -
The City Manager asked the Council if there was any interest in
attending the Association of Metropolitan Municipalities Annual
Meeting, on Wednesday, May 21, 1986. There was no interest from
the Council.
The City Manager also mentioned the Annual League of Minnesota
Cities (LMC) Conference, on June 17, 1 986. Phyllis. Jessen and
Bob Polston said they would like to attend.
The City Manager commented about the proposals that were passed
out tonight on the Lost Lake Market Analysis. He asked the
Council and staff to study these proposals at home and be
prepared to discuss them at the next Council meeting.
Mayor Bob Polston made the announcement that he will not be a
candidate for Mayor or City Council or any other public office
this fall.
MOTION made by Peterson and seconded by Smith to adjourn
at 10:06 PM. The vote was unanimously in favor. Motion
"carried. ~ ~ _
Edward J. S
~~
~=-~,
Linda Strong, Acting ty Clerk
e, Jr. pity Manager
1
BILLS------- MAY 13, 1986
Batch 864043-----Computer run dated 5/3/86
Batch 864044-----Computer run dated 5/g/86
Total Bills
40,271.44
70,929.07
111,200.51
~~t ,!.~