1986-07-08105
July 8, 1986
MINUTES - MOUND CITY COUNCIL - REGULAR MEETING
JULY 8, 1986
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, July 8, 1986, at 7:30 P.M. in the
Council Chambers at 5341 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 Clerk Fran
Clark, City Attorneys Curt Pearson and Jim Larson, City Engineer
John Cameron, City Planner Mark Koegler and the following
interested citizens: Cheryl Grand, Steve Coddon, hlilt Seaman,
Harlan Brue, Gary Haugen, Jean McNeill.
The Mayor opened the meeting and welcomed the people in
attendance. He then noted that-items ~~2 & ~~4 have been withdrawn
from the Agenda and there would be an addition to the Agenda, a
request to hook-up to Mound sewer by Jean McNeill.
MINUTES
The Minutes of the June 24, 1986, Regular Council Meeting were
presented for consideration.
Councilmember Peterson asked that the following be added to page
96 under Cooks Bay Estates:
5. The lot layouts will allow various designs in housing.
Councilmember Smith asked that the w ord "fictitious" be deleted
in his reason for voting no and "fiction" be inserted.
MOTION made by Peterson, seconded by .Smith to approve the
Minutes of the June 24, 1986, Regular Meeting, as amended.
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING• PROPOSED VACATION OF A PORTION OF THREE POINTS
BLVD ABUTTING LOTS 13,., 14 & 15, BLOCK 25.
SHADYWOOD POINT
The City Planner explained the request of Brian Zubert and stated
the Planning Commission and the Staff have recommended approval.
The Mayor opened the public hearing and asked if there was anyone
present who wished to speak for or against the proposed vacation.
Bob Fields, representing Brian Zubert, stated that this
vacation will allow the proposed new houses to be lined up
with the other homes on the block.
The Mayor closed the public hearing.
106
July 8, 1986
Peterson moved and Paulsen seconded the following resolution:
RESOLUTION #86-81 RESOLUTION VACATING CERTAIN STREET
EASEMENT AND RETAINING FOR THE CITY A
UTILITY EASEMENT OVER, UNDER AND ACROSS
THAT PART OF THE DESCRIBED VACATED
JENNINGS ROAD (NAVAJO ROAD)
The City Attorney stated that Mr. .Fields should tell Mr.
Zubert that in order to have the vacated portion added to the
property descriptions of Lots 13, 14 & 15, he would probably
have to go for a Proceedings Subsequent. This will also
clean up his titles to the properties.
The vote was unanimously in favor. Motion carried.
CASE #86-518, 519 & 520: STEVE CODDON, LOTS 6, 7 & 8, BLOCK 4,
REPEAT OF HARRISON SHORES, LOT SIZE VARIANCES &
FRONT YARD SETBACK VARIANCE
The City Planner noted that Mr. Coddon has asked that Case ~~'s
86-519 and 520 be withdrawn as he is in the process of acquiring
additional land adjacent to the parcels.
The Planner stated that the Staff recommendation is to approve
the lot size variance on Lot 8 because is is not more than 10
percent. The lot has 9,640 square feet and 10,000 square feet is
required. The Staff also recommended approval of the front yard
setback variance because it meets the hardship criteria. The
Planning Commission recommended denial because they would like to
see the entire plan if Mr. Coddon acquires Lot 5 to go along with
Lots 6, 7, and 8.
Polston moved and Peterson seconded the following resolution:
RESOLUTION X86-82 RESOLUTION TO APPROVE LOT SIZE AND FRONT
YARD SETBACK VARIANCES FOR LOT 8, BLOCK 4,
REPEAT OF HARRISON SHORES, PID x`13-117-24
22 0046, PLANNING COMMISSON CASE X86-518
The vote was unanimously in favor. Motion carried.
MODIFICATION OF THE ZONING CODE TO ESTABLISH MINIMUM HEIGHT
WIDTH REGULATIONS FOR HOUSING
The City Planner stated that this proposal has been modified
since the original presentation so that the Height minimum was
lowered from 15 feet to 12 feet. This will not infringe on
manufactured or stick built housing. He further reported that of
the random samplings of other Zoning Codes, several do have these
kind of provisions.
107
July 8, 1986
Councilmember Jessen stated she is in favor of the minimum
standards because it will make more liveable and attractive homes
for the future, will increase the value of different neighbor-
.. hoods and will increase the tax base. Councilmember Paulsen
agreed.
The Council discussed the width limitation and how it was figured
on a multiple of three. It was decided that this part of the
modification should read "... where the length of the main
structure exceeds the width of the main structure excluding
garage by more that a multiple of three.rr
Steve Coddon was present and stated that Mound is a unique city
with a lot of homes that are less that 20 feet wide. He stated
he is against this modification because it would make all older
homes less that 20 feet in width nonconforming thus requiring
variances.
MOTION made by Paulsen, seconded by Smith to continue this
item until the next meeting in order to publicize this
proposed modification more and gain more input from other
builders in the city and the public.
Mayor Polston and Councilmember Smith stated it has already
been publicized, a public hearing was held, and now is the
time to deal with the issue.
The vote was 2 in favor with Jessen, Peterson and Polston
voting nay. Motion failed.
Jessen moved and Peterson seconded the following ordinance
amendment:
ORDINANCE #488 AN ORDINANCE AMENDING SECTION 23.410 OF THE
MOUND ZONING CODE TO ADD HEIGHT AND WIDTH
LIMITATIONS TO THE RESIDENTIAL MINIMUM FLOOR
AREA REQUIREMENTS
Councilmember Paulsen stated he would like to have a list of
all the homes that would become nonconforming as a result of
this amendment.
Councilmember Peterson asked how the 12 feet height would be
measured? The City Planner explained it would be the ground
line to the tip of the roof and that the full explanation of
measuring is in the Zoning Code.
Councilmember Smith asked why we need this proposed
amendment? The City Planner explained that the Building
Inspector received a permit application for a 14 foot by 66
foot unit. This was a manufactured unit, but this was not
material because it could have been stick built. The
108
July 8, 1986
Planning Commission reaction was that this was not the size
of residence that was in conformance with what was perceived
to be the norm in the community. The result was this proposed
modification to height and width.
Couneilmembers Peterson and Jessen agreed to amend the above
ordinance as proposed earlier with the 12 feet high limitation
and adding "excluding garage" in the width limitations.
The vote on the amended motion was 3 in favor with Paulsen and
Polston voting nay. Motion denied. A 2/3 vote is required for
passage of an amendment to the Zoning Ordinance.
Mayor Polston stated that he voted no because he felt w e already
have a minimum square footage requirement for homes and he does
not want to get into regulating the height and width of homes.
As long as a home meets the square footage requirement, the
setbacks and is structurally sound he has no problem with height
and width of a home.
SET PUBLIC HEARING DATE• TO AMEND THE RECREATION EQUIPMENT
DEFINITION IN THE ZONING CODE & MODIFY THE EXTERIOR STORAGE PRO-
VISIONS (SECTION 23.702)
MOTION made by Peterson, seconded by Paulsen to set August
12, 1986, at 7:30 P.M. for a public hearing to amend the
recreation equipment definition in the Zoning Code and modify
the exterior storage provisions (Section 23.702). The vote
was unanimously in favor. Motion carried.
SET PUBLIC HEARING DATE• SUBDIVISION OF PROPERTY BEACHWOOD ROAD
AREA:
MOTION made by Peterson, seconded by Smith to set July 22,
1986, at 7:30 P.M. for a public hearing on the subdivision of
property - Beachwood Road area, PID X23-117-2~ 13 0003/0004/
0005/0006/0008. The vote was unanimously in favor. Motion
carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if there were any comments or suggestions from
the citizens present. There were none.
LIQUOR LIABILITY TNSURANCE (DRAM SHOP)
The City Manager explained the letter submitted by Mr. Earl
Baily. There is no data available to advise the Council on
exactly what amount of dram shop insurance it should require over
and above what the State requires except what other
municipalities are doing and w hat other businesses in Mound are
providing for coverage. Mr. Bailey is still recor~~mending that
the Council increase the requirement for dram shop insurance be
109
July 8, 1986
$300,000.
The City Attorney, asked that, because he was not at the last two
meetings, he be given time to look at what was done during those
meetings.
MOTION made by Polston, seconded by Paulsen to table this
item until the next meeting. The vote was unanimously in
favor. Motion carried.
LOST LAKE SUBDIVISION - DOCK PROPOSAL
The City Manager explained that the last tim e this was brought up
it was referred to the City Attorney for his opinion on whether
the City could consider using the area it owns adjoining the Lost
Lake Subdivision for docks w hick would only be used by the
residents of that subdivision.
The City Attorney has by letter explained that he feels the
Council can permit public docks on the lands abutting the Lost
Lake Subdivision, but there should not be any indication that the
lands in the Lost Lake Subdivision have priority. That would be
controlled by the dock ordinance itself and its rules. He also
stated in the letter that before any dockage is permitted in the
area, a total plan should be worked out for access, location of
docks and other public usage of the property.
Barry Schneider, developer, was present and stated he would grant
public easement to allow access to the Lost Lake area and any
future walkways in the wetlands. In exchange he would like to
have 9 dock sites that would be available first to the residents
of the Lost Lake Subdivision. He is proposing 9 dock sites with
30 foot spacing allowing 2 boats per dock. He would pay for and
install the docks and the City could collect the dock fees from
them.
The Mayor stated he opposes this dock situation because he feels
every resident should have the right to use public property and
this is limiting the use of public property to individuals who
own property in the Lost Lake Subdivision.
Councilmember Paulsen stated that there was a Council Resolution
passed in 1977 limiting the docks on the Roanoke Commons to
residents of a certain area.
The Mayor then suggested he would like to hold off doing anything
on this item until the study is completed for the Lost Lake area
and there is a complete plan for the area. Councilmember Smith
agreed.
MOTION made by Smith, seconded by Polston to deny the
application for docks on public property adjacent to the Lost
Lake Subdivision. The vote was two in favor with Jessen,
110
July 8, 1986
Paulsen and Peterson voting nay. Motion failed.
There was further discussion on waiting until there is a complete
plan for the area.
MOTION made by Paulsen, seconded by Jessen to table this item
to a date unknown at this time. The vote was unanimously in
favor. Motion carried.
BTD AWARD• LYNWOOD BLVD /FAIRVIEW LANE IMPROVEMENT
The City Engineer reported that 3 bids were received for this
project. They were as follows:
Hardrives, Inc. $33,830.00
Buffalo Bituminous $37,075.00
Alber Construction $41,209.00
The Engineer's estimate was $40,250.00. It was recommended to
award the bid to Hardrives, Inc.
Paulsen moved and Jessen seconded the following resolution:
RESOLUTION #86-83 RESOLUTION TO AWARD THE BID FOR THE
LYNWOOD BLVD./FAIRVIEW LANE IMPROVEMENT
PROJECT TO HARDRIVES, INC. IN THE AMOUNT
OF $33,830.00.
The vote was unanimously in favor. Motion carried.
PAYME T REQUEST ~1 - LYNWOOD BLVD & TUXEDO BLVD PROJECT
MOTION made by Polston, seconded by Smith to approve Payment
Request ~1 - Lynwood Blvd. and Tuxedo Blvd. Project in the
amount of $116,709.63. .The vote was unanimously in favor.
Motion carried.
LICENSES & PERMITS
The City Clerk stated that the following licenses and permits
need to be approved.
Public Dance Permit - July 12, 1986
Minnetonka Music
Games of Skill License - 5-1-86 thru 4-30-87
Minnetonka Music
Public Dance Permit - August ?_, 1986
Our Lady of the Lake Church
111
July 8, 1986
Charitable ~.2 Beer Permit - August 2 & 3, 1986
Our Lady of the Lake Church
MOTION made by Jessen, seconded by Peterson to authorize the
issuance of the aforementioned licenses and permits. The
vote was unanimously in favor. Motion carried.
PAYMENT OF BILLS
The bills were presented for consideration.
MOTION made by Paulsen, seconded by Peterson to approve the
payment of bills as presented on the pre-list, in the amount
of $153,008.93, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
PROPOSED HOOK-UP TO MOUND SEWER
The City Manager explained that Ms. Jean McNeill has purchased
property. in Minnetrista that abuts the City of Mound. She
proposed to build a home on this property but needs to be hooked
up to Mound's sewer in order to do so. The Council discussed
this situation.
MOTION made by Polston, seconded by Smith to refer this item
to the Engineer and the City Attorney to draw up and
agreement to be presented to the City of Minnetrista for this
parcel to hook-up to the Mound sewer system, with all costs
to be paid for by the property owner, Ms. McNeill. The vote
was unanimously in favor. Motion carried.
EXECUTIVE SESSIONS
The Mayor explained that the Council would now go into Executive
Session to discuss the matter of Contel. 9:10 P.M.
The Council return from Executive Session at 10:05 P.M. The
Mayor stated that the issue with Contel is still in the hands of
the staff.
INFORMATION/ MISCELLAPtEOUS
A. Department Heads June 1986, Monthly Reports.
B. 1987 LMCD Budget.
C. REMINDER: for orientation meeting on July 9, 1986, with the
Maxfield Research Group regarding Lost Lake Market Analysis.
D. Report from Mound City Days Committee.
E. Planning Commission Minutes - June 23, 1986.
112
July 8, 1986
F. Park Commission Minutes - June 12, 1986.
MOTION made by Paulsen, seconded by Peterson to adjourn 10:05
P.M. The vote was unanimously in favor. Motion carried.
Edward J. S~u~le, Jr., City~lanager
'~ ~
Fran Clark, CMC, City Clerk
I'~
I ~~
BILLS--------JULY 8, 1986
Batch 864063 Computer Run dated 7/1/86 107,280.21
Batch 864064 Computer Run dated 7/2/86 45,728.72
Total Bills 153,00$.93
1