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1986-06-249 ~+ June 24, 1986 MINUTES - MOUND CITY COUNCIL - REGULAR MEETING JUNE 2~F, 1986 The City Council of Mound, .Hennepin County, Minnesota, met in regular session on Tuesday, June 2~4, 1986, at 7:30 P. M. in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Acting Mayor Russ Peterson, Councilmembers Phyllis Jessen, Gary Paulsen, and Steve Smith. Mayor Bob Polston was absent and excused. Also present were: City Manager, Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Jim Larson, City Engineer John Cameron, City Planner Mark Koegler, Building Official Jan Bertrand, Public Works Superintendent Geno Hoff, Sewer & Water Superintendent Greg Skinner, and the following interested citizens: Reuben Hartman, Larry Beno, Eldo Schmidt, Ernie Johnson, Jim Nordby, Cheryl Grand, Kim Ryan, James Swietlik, Nancy Clough, Dell Rudolph, David Banghart, Christie Blank, Myrtle Blank, S. John Roach, J. Kvalsten, Ron Gray, Clara Paz, Nancy Kinser, Rodney Larson, Pam Swihart, Lynne Schulz, Janes Walden, Steve and Sue Schmidt, Bill Alexander, Lucy Hahn, Bonnie & Gary Bernvold, Bob Byrnes, Duane Barth, John Thorsen, Janette Gellman. The Acting Mayor opened the meeting and welcomed the people in attendance. There were additions made to the Agenda. MINUTES The Minutes of the June 10, 1986, Regular Council Meeting were presented for consideration. MOTION made by Smith, seconded by Paulsen to approve the Minutes of the June 10, 1986, Regular Meeting, as presented. The vote was unanimously in favor. Motion carried. PUBLIC HEARING- DELINQUENT UTILITY BILLS The City Manager reported that the amount is down to $1,291.13• Acting Mayor Peterson opened the public hearing and asked if there was anyone present who wished to address the Council regarding a delinquent utility bill. No one responded. He then closed the public hearing. Paulsen moved and Jessen seconded the following resolution: RESOLUTION #86-70 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $1 ,291 .13 AND AUTHORIZING THE STAFF TO SHUTOFF WATER SERVICE FOR THOSE ACCOUNTS 95 June 24, 1986 The vote was unanimously in favor. Motion carried. CALF X86 509 ~ 86 510• CONSIDERATION OF PRELIMINARY PLAT APPROVAL FOR COOKS BAY ESTATES CREATIVE DEVELOPERS, BLOCK 1, MN~ BAPTIST SUMMER ASSEMBLY - PID ~2~-117- 24 41 0017 The City Planner explained that the developer has submitted an alternate preliminary plat for consideration which shows 6 single family, R-1 lots with a half circle drive off of Highland Blvd. This plan meets City Code and requires no variance approval. or conditional use approval. There is a minor problem with Lot 3 that would have to be taken care of before final plat approval. Staff is recommending approval with the 8 conditions listed in the Planner's letter of June 2, 1986. The Planning Commission had a tie vote on this item. The following persons spoke against the above preliminary plat for the reasons listed below. John Thoresen, 5845 Fairfield Road Rod Larson, 2976 Highland Blvd. Steve & Suzanne Schmidt, 2986 Highland Blvd. Pam Swihart, 2896 Highland Blvd. Nancy Kinser, 2848 Highland Blvd. Larry Beno, 2885 Highland Bvd. Jeanette Gellman, 3056 Highland,Blvd. Bonnie Birnbaum, 3110 Highland Blvd. Reasons: 1. Concern that the City will have another street to maintain and snow plowing would be difficult. 2. It leaves the neighborhood with 4 major intersections which are offset. 3. It would increase traffic in the area. 4. There is no benefit to having another street. 5. Would prefer 4 houses all having frontage on Highland Blvd. 6. This beautiful lot would be downgraded by developing 6 home sites. It should be left for larger lots. 7. Don't want 6 tiny houses crammed on small lots. 8. This would cause undue stress on water and sewer facilities in the neighborhood which would cause more watermain breaks. g. Against the appearance of the project. 10. Half circle drive is the only way the developer could squeeze in the sixth lot and still meet the City Code. 11. All the street accesses will be extremely dangerous to children in the area using the park. 96 June 2~4, 1986 Mr. Barth stated that these lots as proposed will sell for an estimated price of $80,000 to $80,000 and all the houses built on the property would be in the .$200,000 range. All would be designed differently. The homeowners association would maintain the area in the middle of the half circle drive, would be landscaped. and signage would meet City Code. Each home would have at least a 30 foot double wide. driveway off the newly created street. The houses would be 75 to 90 feet from the Lakeshore. Removal of the present building would be sometime yet this year. There will be 6 individual docks, one for each lot. Councilmembers Jessen, Paulsen and Peterson agreed on the following: 1. That the alternate plan that has been submitted for consideration is the best. 2. The half circle drive is safer than having 6 driveways on Highland Blvd.. 3. The half circle street is a good buffer for the development. 4. The project meets all city requirements. 5. The lot layouts will allow various designs in housing. Peterson moved and Paulsen seconded by following resolution: RESOLUTION X86-71 RESOLUTION TO APPROVE THE PRELIMINARY PLAT OF COOKS BAY ESTATES WITH THE STIPULATION THAT THE STAFF RECOMMENDED 8 CONDITIONS BE MET Councilmember Smith stated that he will have to vote no on this because the creation of this street is fiction in order to allow the six lot and this is not upholding the integrity of the Zoning Ordinance. The vote was 3 in favor with Smith voting nay. Motion carried. CASE X86-~21• KIM RYAN 6~6~ RAMBLER LANE, LOT 2, BLOCK'S, MOUND TERRACE, PID X14-117-2~4 ~2 0027, SETBACK VARIANCE FOR EXISTING STRUCTURE The Building Official explained that the applicant has applied for a variance to allow the existing 11.6 by 25.2 foot unenclosed south deck to be remodeled, enclosing it and converting it to part of the existing living area of the home with a setback of 3.6 feet to the rear property line at the southeast corner of the building. There is an 8 foot wide unimproved alleyway easement to the south and a 30 foot unimproved Forest Lane right-of-way to the west. The Staff and the Planning Commission recommend approval due to-the. topography and shape of the lot. .Paulsen moved and Jessen seconded the following resolution: 97 June 24, 1986 RESOLUTION #86-72 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE AN EXISTING SETBACK VARIANCE FOR LOT 2, BLOCK 5, MOUND TERRACE, PID X14-117-24 32 0027 (6363 RAMBLER ROAD) The vote was unanimously in favor. Motion carried. CASE X86-522: CHRISTIE ~ MYRTLE BLANK, 4560 DORCHESTER RD., LOTS 18 A 19, BLOCK 12, AVALON, PID #19-117-2~ ~1 0042 LOT SIZE VARIANCE ~ EXISTING FRONT YARD VARIANCE The Building Official explained that the applicants have applied for a variance to allow the construction of an 11 foot 7 inch by 13 foot 3 inch and a 4 foot 8 inch by 15 foot addition to an existing structure, plus a 10 foot by 10 foot deck and an attached 24 foot by 24 foot garage on an undersize lot of 6400 square feet with a front yard setback of 19.5 feet to the front property line. The Planning Commission has recommended approval with the following conditions: 1. The new construction of the garage will be conforming in setbacks as well as the deck and addition to the northeast corner of the building. 2. That the applicant negotiate with the City of Mound to obtain part of Lots 12 & 13 Block 12, Avalon, above the wetlands elevation of 940.3 NGVD. 3. That the house be brought up to current building codes. Paulsen moved and J~essen seconded the following resolution: RESOLUTION #86-73 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE LOT SIZE AND EXISTING FRONT YARD SETBACK VARIANCES FOR LOTS 18 ~ 19, BLOCK 12, AVALON, PID ~19- 117-23 31 0042 (4560 DORCHESTER ROAD) The vote was unanimously in favor. Motion carried. CASE #86-524: J.F. KVALSTEN, 5125 WINDSOR LANE, LOTS 7 ~ 8. BLOCK 17~ WHIPPLE, PID #25-117-24 12 0125, RECOG- NIZE EXISTING NONCONFORMING REAR YARD SETBACK The Building Official explained that the applicant has applied for a variance to allow structural modification to the basement level of her home with a maximum amount of $7,500 applied toward the improvement. The existing rear yard is 4 feet, 8 inches from the rear lot line. The Planning Commission has recommended approval upon the condition that a survey be submitted within 30 days. Paulsen moved and Peterson seconded the following resolution: 98 June 2~, 1986 RESOLUTION X86-74 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND APPROVE THE VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING REAR YARD SETBACK FOR LOTS 7 AND 8, BLOCK 17, WHIPPLE, PID X25-117-24 12 0125 (5125 WINDSOR ROAD) Nancy Clough, 5132 Waterbury, stated she is concerned that taxpayers money is being used to do this and there is no condition that .the rest of the property be brought up to current codes. She further stated that there is only 3 feet to the rear .property line. She further complained about Ms. Kvalsten's dogs barking and running between the Kvalsten home and the Clough fence. Ms. Kvalsten's attorney, John Roach, stated that she is receiving a housing grant from HUD to repair the basement so she can continue to live there. He stated she is a single mother and needs the dogs for protection, but that they have never bitten anyone. The Building Official stated that the maintenance repairs will conform to all codes. Councilmember Smith asked why this property should not have to be brought completely up to code as the previous one was. Mr. Roach replied that he feels this is maintenance that has to be-done in order for Ms. Kvalsten to live here, not an im provement and that she cannot afford to do anymore at this time. The City Attorney agreed that he does not see this case the same as the previous one. The vote on the resolution was unanimously in favor. Motion carried. CASE #86-525• ERNEST ~ LOUISA JOHNSON, 4651 MANCHESTER RD ,. LOTS 9 & 22, BLOCK 8,, WYCHWOOD} PID X19-117-2~ ~2 0081. FRONT YARD SETBACK VARIANCE The Building Official explained that Mr. Johnson is requesting a variance in front. yard setback to allow the construction of a 20 foot by 26 foot detached garage within 16 feet of the Cumberland Road curb line or 15 feet (plus or minus) to the property line at the closest point. The Planning Commission recommended approval upon the condition that the garage be lined up with and no closer to the right-of-way than the garage to the east, due to the topography of the lots. Smith moved and Paulsen seconded the following resolution: 99 June 24 , 1 986 RESOLUTION #86-75 RESOLUTION TO CONCUR WITH THE PLANNING The vote was unanimously in favor. Motion carried. COMMENTS ~ SUGG STIONS FROM CITIZENS PRESENT The Acting Mayor asked if there was anyone present who wished to comment or make a suggestion to the City Council. No one responded. PORT HARRISON TOWNHOMES The City Engineer explained that he drove past the Port Harrison Townhomes and observed that the driveway and parking area had been paved, but no concrete curb and gutter was installed as was in the preliminary and final site plans which were a part of Resolution ~~85-151. Mr. Nordby was present and submitted two letters to the City Council, one from the 2 residents living in the townhomes and one from the architect. Both letters encouraged the Council to drop the requirement for concrete curb and gutter. The .residents are happy with the paving as it has been done. The City Engineer stated that the blacktop curbing that has been installed is functioning properly so he had no objection to the Council accepting the change. Paulsen moved and Peterson seconded the following resolution: COMMISSION AND APPROVE A 4 FOOT FRONT YARD VARIANCE FOR LOTS 9 AND 22, BLOCK 8, WYCHWOOD, PID X19-117-23 32 0081 (4651 MANCHESTER ROAD) , RESOLUTION #86-7b RESOLUTION TO AMEND THE SITE PLAN FOR THE PORT HARRISON TOW NHOMES, DELETING THE CONCRETE CURB AND GUTTER AND ALLOWING BLACKTOP The vote was unanimously in favor. Motion carried. CHANGE ORDERS• LYNWOOD BLVD ~ COMMERCE PLACE The City Engineer explained Change Order X61, Lynwood Blvd, Revisions and Additions to Contract. Regarding Item 477, if the City provides the street light pole and fixture, then the City Engineer will negotiate with the owners of the old Super Valu building to see if they will pay the $1,649.50 to have it installed. Paulsen moved and Jessen seconded the following resolution: 100 June 24, 1986 RESOLUTION #86-77 RESOLUTION TO APPROVE CHANGE .ORDER #1, LYNWOOD BLVD. - MSAP 145-104-03, IN THE AMOUNT OF $9,992.00 CONTINGENT UPON THE OWNERS OF THE SUPER VALU BUILDING PAYING FOR ITEM #77 IN THE AMOUNT OF $1,649.50 The vote was unanimously in favor. Motion carried. The City Engineer then explained Change Order #2, Lynwood Blvd., Additional Work for Mound HRA - Commerce Place. He reported that he met with the Mound HRA before this meeting and they have approved the Change Order. Jessen moved and Paulsen seconded the following resolution: RESOLUTION #86-78 RESOLUTION TO APPROVE CHANGE ORDER #2, LYNWOOD BLVD. MSAP 145-104-03, ADDITIONAL WORK FOR MOUND HRA - COMMERCE PLACE, IN THE AMOUNT OF $70,054.20 The vote was unanimously in favor. Motion carried. ORDINANCE AMENDMENT - CHAPTER 11 8~ CHAPTER ~2 The City Manager explained that this item was held over at the last meeting until more research could be done on requiring public liability insurance ~as a condition for obtaining an on- sale liquor license and how much dram shop (liquor liability) insurance other cities were requi"ring. Mr. Earl Bailey was present and reviewed the letter he had prepared for the Council. He recommended that if the Council wished to keep the section on public liability insurance, that it be in the ,amount of $500,000. On the question of dram shop (liquor liability insurance) he recommended that the Council increase those amounts to $300,000-because most cities in the Metro area are requiring more than the state mandated minimum of $50,000/$100,000 due to increased exposure to lawsuits. The Council discussed the pros and cons of requiring an applicant to provide public liability insurance. MOTION made by Jessen, seconded by Peterson to delete from Chapter 11, Section 11.50, subdivision 14, subsecton (1), requiring an on-sale liquor license applicant to provide public liability insurance as a condition of license issuance. The vote .was 2 in favor with Paulsen and Smith voting nay. Motion failed. Paulsen moved and Smith seconded the following: 101 June 24, 1986 ORDINANCE X487 AN ORDINANCE AMENDING SECTIONS 11.15, 11.50, 1180, AND 32.07 OF THE CITY CODE. RELATING TO UNDER AGE PERSONS AND LIQUOR LIABILITY INSURANCE This ordinance amendment made the necessary wording changes in the above listed sections and amended Section 11.50, Subdivision 14, subsection (1) inserting $300,000 in the tw o blanks. The vote was 3 in favor with Jessen voting nay. Motion carried.. MOTION by Smith, seconded by Peterson to table the matter of increasing dram shop (liquor liability insurance) requirements until the next meeting so that Mr. Bailey can bring more data supporting on why the City should increase these limits. The vote was unanimously in favor. Motion carried. LFASF FOR STORAGE SPACE FROM BALBOA MINNESOTA CORP This item was held over from the last meeting. The City Manager reported that Balboa is willing., to enter into a 1 year lease with the City to lease 6,774 square feet of space in the Spring Park facility. This would be strictly for storage and would only provide enough space to store the seasonal equipment of the Street Dept. and Sewer & Water Dept. The Park Dept. would still not have any place to keep their trucks, mowers or miscellaneous equipment. The Council asked Geno Hoff, Public Works Supt., and Greg Skinner, Water & Dept. Supt. what they thought about leasing this space. They both commented that it was a lot of money to spend but that the equipment is worth a lot too and they felt this justified the cost. MOTION made by Paulsen, seconded by Smith to authorize the Mayor and the Manager to enter into a lease agreement, approved by the City Attorney, to lease 6,774 square feet of storage space from Balboa Minnesota Corporation, in the Spring Park facility. The terms to be as follows: $2.50 per sq. ft. net-net-net $16,935 per year $1,411.25 monthly 1st and last month rent due on occupancy Lease Term: 1 year Operating-Costs: Currently $.62 per square foot. (cap at $1.00) The vote was unanimously in favor. Motion carried. 102 June 24 , 1986 REQUEST FOR PORTABLE SIGNS - INCREDIBLE FESTIVAL Bob Byrnes was present representing Our Lady of the Lake Church who is requesting approval for 5 foot by 9 foot portable signs to advertise the Incredible Festival from 3-5 days at a time in the following locations: 1. The parking lot across from the Ben Franklin 2. At Al & Alma's 3. On the front lawn at Our Lady of the Lake School ~4. At the Texaco station at Commerce Blvd. & Three Point Blvd. MOTION made by Smith, seconded by Jessen to allow Our Lady of the Lake Church to advertise the Incredible Festival with their portable signs at the locations listed above. Time limit the signs can be up is 3-5 days in one spot, from July 19 through August 3rd. Also to allow them to have a balloon that w ill advertise the Incredible Festival and Mound Crazy Days. The fee was also waived. The vote was unanimously in favor. Motion carried. LICENSE RENEWALS The following licenses expire on June 30, 1986. The new License period is 7-1-86 to 6-30-87. QEE-SALE BEER Al & Alma's Brickley's Market (formerly Mound Superette) PDQ Food Store SuperAmerica ON-SALE BEER Al & Alma's House ~of Moy CLUB LICENSE American Legion 4398 VFW ~~51 13 ON-SALE LIQUOR Captain Billy's Donnie's on the Lake S~-Up Al & Alma's WINE. Al & Alma's House of Moy DINNER DANCE Captain Billy's Northwest Tonka Lions - Wagon Train Day - June 21 & 22, 1986: Charitable Beer Set-Ups Public Dance Fireworks MOTION made by Paulsen, seconded by Smith to authorize the issuance of the above listed licenses as requested. The vote was unanimously in favor. Motion carried. 103 June 24, 1986 PAYMENT OF BILLS The bills were presented for consideration. MOTION made by Paulsen, seconded by Smith to approve the payment of bills as presented on the pre-list, in the amount of $171,113.79, when funds are available. The vote was unanimously in favor. Motion carried. RFOUEST FOR TEMPORARY SIGN - MOUNT OLIVE LUTHERAN CHURCH Ms. Lynne Schulz was present requesting a temporary sign permit to allow. a 24 sq, _f t. sign advertising Vacation Bible School, to be up from July 10 to August 10, in the yard of the church on the Wilshire Blvd. side. There would also be a 3 foot high sign at Video Update on the corner of County Rd. 15 and Wilshire Blvd. for approximately 1 week prior to the Vacation Bible School. She also asked for permission to place several smaller signs on the way to Mount O1 iv e. MOTION made by Smith, seconded by Jessen to approve the temporary signs permit for Mount Olive Lutheran Church as requested above, waiving the fee. The vote was unanimously in favor. Motion carried. PAYMENT REQUEST #1 - BARTLETT BLVD REPAIR MOTION made by Jessen, seconded by Smith to approve Payment Request #1 (Bartlett Blvd- Project) in the amount of $0,788.91. The vote was unanimously in favor. Motion carried. PAYMENT REOUEST #1 & CHANGE ORDER #1 - BEACHWOOD POND MOTION made by Jessen, seconded by Paulsen to approve Payment Request #1 (Beachwood Pond) in the amount of $21,028.37. The vote was unanimously in favor. Motion carried. Jessen moved and Paulsen seconded the following resolution: RESOLUTION #86-79 RESOLUTION TO APPROVE CHANGE ORDER #1, BEACHWOOD POND The vote was unanimously in favor. Motion carried. DESIGNATE NEW POLLING PLACE FOR PRECINCT #1 Jessen moved and Paulsen seconded the following resolution: RESOLUTION #86-80 RESOLUTION DESIGNATING MOUNT OLIVE LUTHERAN CHURCH AS THE NEW POLLING PLACE FOR PRECINCT #1 104 June 24, 1986 The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. May 1986 Financial Report prepared by Finance Director John Norman. B. Planning Commission Minutes - June 9, 1986. LOST LAKE MARKET ANALYSIS The City Manager stated that he has hired the Maxfield Research Group to do the Lost Lake Market Analysis. There will be a meeting with the Maxfield group on July 9, 198 6, at 7:30 P. M. in the City Council Chambers. He is asking all Councilmembers, Planning Commission Members, and others who can to attend. MOTION made by Peterson, seconded by Jessen to adjounr at 11.15 P.M. The vote was unanimously in favor. Motion carried. 1 Edward J. Fran Clark, CMC, City Clerk BILLS--------JUNE 24, 1886 Computer Batch 864061 dated 6/14/86 132,228.42 Computer Batch $64062 dated 6/18/86 38,885.37 Total Bills 171.113.79 1 -~~ e,