1996-04-16MINUTEg - COMMITTEE OF THE WHOLE - APRIL 16, 1996
The meeting was called to order at 7:30 PM. Members present: Mayor Polston,
Councilmembers Ahrens, Hanus, Jensen and Jessen. Also present: Mark Koegler, City
Planner; Bruce Chamberlain, Economic Development Coordinator; Pete Meyer, Parks and Open
Space Commission; Bill Davey and Stephanie Nyhoos, Hennepin County Assessor's Office; John
Cameron, City Engineer and Ed Shukle, City Manager.
Mark Koegler reviewed streamlining of variances with the Council. He indicated that at the City
Council's direction, the Planning Commission had been reviewing ways in which to lessen the
burden for applicants who apply for variances through the City's Zoning Ordinances. The
purpose of the variance streamlining was to not only lessen the burden placed upon the citizen,
but also the workload placed upon city staff and ultimately Planning Commission and City
Council. After much discussion at the Planning Commission level, two streamlining methods
were recommended for implementation and to be reviewed after one year by a review committee
made up of staff, Planning Commission and City Council members. The purpose of the review
committee would be to look at the effectiveness that the methods had on the actual variance
application process. The following statements were recommended by the Planning Commission:
Planning Commission Motion #1
"That any previously recognized existing principal dwelling structure which was granted
a variance, the property owner be allowed to construct an addition or accessory structure
in a conforming location meeting all other requirements if such approval of the variance
was granted within the previous 15 years, subject to the condition of the existing
nonconforming structure, as determined by the Building Official". (The motion was
subsequently clarified to add all types of previous variance approvals.)
Draft Streamlining Statement:
Nonconforming residential properties that have received variance approval within the past
15 years for principal structure setbacks, lot area, lot depth or width, hardcover, and/or
street frontage may be improved by adding a conforming addition to the principal
structure or adding a conforming detached accessory building provided that the principal
structure is in sound condition as determined by the Mound Building Official.
Furthermore, impervious cover on said lots shall be compliant with Section 350:1225,
Subd. 6. B. 1. of the Mound Zoning Code or shall not exceed the amount allowed under
prior variance approval.
Staff Connnent:
This particular method of streamlining does not omit the variance requirement. It simply
176
Minut~ - Committee of the Whole April 16, 1996
omits the need to get a variance "recognized" if it has been granted in the past 15 years.
An important aspect of this approach is the fact that the City has previously reviewed and
approved a variance for the nonconforming aspect of the property.
Planning Commission Motion tt2
"That should any one existing nonconformity exist on a property for either lot area,
setback, lot/improved street frontage, or lot width/depth, and a request is received for
an addition, of any sort, that is totally conforming, that they need not get a variance.
The singular existing nonconformity should not exceed a certain threshold as yet to be
determined and investigated by the City Planner. This would be subject to the Building
Official's review of the structural condition of the existing nonconformity.'
Draft Streamlining Statement:
Residential properties having only one (1) nonconforming condition may be improved by
adding a conforming addition to the principal structure or by adding a conforming
detached accessory building provided that the property complies with the following
standards after application of the one nonconforming condition:
- Side Yard Setbacks - 75 % of the setback required by the Mound Zoning Code
- Front Yard Setbacks - 75 % of the setback required by the Mound Zoning Code
- Rear Yard Setbacks - 90% of the setback required by the Mound Zoning Code
- Lot Area - 90% of the lot area required by the Mound Zoning Code
- Lot Width - 90% of the lot width required by the Mound Zoning Code
- Lot Depth - 90% of the lot depth required by the Mound Zoning Code
- Improved Street Frontage - 50% of the improved street frontage required by the Mound
Zoning Code
If the existing nonconformity is due to the positioning of a principal or accessory
structure, said structure must be in sound condition as determined by the Building
Official. Furthermore, impervious cover on the lot shall be in compliance with Section
350:1225, Subd. 6. B. 1. of the Mound Zoning Code.
Staff Comment
This streamlining provision is different from the first position drafted by the Commission
in that it allows improvement of nonconforming properties (containing only one variance
item) without review by the City of Mound.
177
Minutes - Committee of the Whole
April 16, 1996
Both of these streamlining statements are in a very preliminary form. After additional review
by the Planning Commission, they can be revised and sent to the City Council for an initial
review. After the Council's review, they will be back before the Planning Commission in an
ordinance format for formal review and recommendation.
The City Council consensus was to adopt the Planning Commission's recommendation and to
have the City Attorney review it with the City Planner on how these statements could be
implemented into the City's Zoning Ordinance. It would likely require an amendment to the
Ordinance, and subsequent public hearings would have to be held at the Planning Commission
and City Council levels.
Proposal for Recreational Ice Skating Rinks - Peter Meyer, Parks and Open Space
Commission
Peter Meyer was present to present a proposal that has been discussed with the Parks and Open
Space Commission as well as other community members and organizations. Mr. Meyer
indicated that there is a definite need for a permanent ice skating rink that expands upon the
existing rinks that are currently located within the City of Mound. His proposal pointed to
having the City making an investment on Westonka Public School's property to locate a
permanent rink to the west of the Pond Arena where there is currently an outdoor rink that has
been placed there by the Hockey Association. In addition to the rink there is a warming house
that was constructed during 1995. The plan would make use of that warming house and expand
upon the rink that is currently at the site. The rink is designed to provide skating for non-
hockey activities. However, it was indicated that hockey groups would have use of the rink to
some extent. Meyer presented some cost estimates on the improvements that would be needed
to be made to the site for excavation and berming in 1996 and a proposed budget for 1997. The
council expressed a number of concerns related to investment, operations, involvement of the
school district, the Hockey Association involvement, the public parking in the area, etc. It was
suggested that more information be presented at the next Committee of the Whole meeting from
city staff as it relates to these concerns.
Preview of the Local Board of Review
Bill Davey and Stephanie Nyhoos from the Hennepin County Assessor's Office were present to
discuss the upcoming Board of Review meeting that is scheduled for Tuesday, April 23, 1996
at 7 PM. This is the annual Board of Review which the City Council conducts as part of State
Law requirements. Issues related to 1995 sales, values on lakeshore and off lakeshore, as well
as the differences of values of commons lakeshore and private lakeshore were discussed. It is
anticipated that a number of residents of the community will be asking the Board of Review for
178
.autes - Committee of the Whole April 16, 1996
a reduction in their valuation.
Lost Lake Improvement and Auditor's Road Improvement Projects Update
John Cameron, City Engineer and Bruce Chamberlain, Economic Development Coordinator,
were present to update the Council on the Auditor's Road Improvement Project and the Lost
l_ake Improvement project. He indicated that he hired Evergreen Land Services to represent
the City on negotiations for the right-of-way acquisition. He stated that the permanent easement
for the Custer property has been secured. The City Council has already approved this. He
indicated that the plan negotiator has received a tentative approval on the residential property.
The plan negotiator has also talked with all of the property owners and is in the process of trying
to negotiate those properties for purchase. The City Manager also explained that because of
state rules, under Municipal State Aid, the City must obtain a second appraisal on commercial
properties in excess of $100,000. This includes the post office, the Lindquist Building and the
Carlock Building. Once the second appraisals are obtained, the City can make formal offers
to those property owners. The City Manager asked the Council on their reaction to the concept
of "eminent domain" or "condemnation" should some of the properties become unobtainable by
negotiation. The City Council consensus was that condemnation should be used in a quick-take
form should it be necessary. John Cameron discussed some of the plan preparation relating to
the Municipal State Aid process. Bruce Chamberlain reviewed the environmental issues related
to the Lost Lake Project and indicated that an environmental assessment would be presented to
the City Council at its May 14th meeting. This assessment must be approved by the City
Council and submitted to the appropriate federal and state authorities.
Stormwater Management
John Cameron reviewed stormwater management and Interim Non-Point Source Pollution.
Stormwater management relates to the federal and state rules applying to cities who must adopt
stormwater management plans. He indicated that an ordinance must be passed by the City and
a subsequent plan must be adopted. He further indicated that he has developed an ordinance for
the City of Excelsior. The ordinance was distributed and he asked the Council to review it.
The ordinance can be tailored to the City of Mound's needs and be brought to a future City
Council meeting. In relationship to the stormwater management plan, he indicated that the City
has been in contact with the Minnehaha Creek Watershed District regarding its involvement.
Specifically its involvement as it relates to the Lost Lake Project and overall City involvement
on an overall stormwater management plan. The Watershed District has indicated that there are
monies through its tax levy authority to assist the City in developing a stormwater management
plan.
179
Minutes - Committee of the Whole
April 16, 1996
With regard to Interim Non-Point Source Strategy, this relates to the water supply plan that was
required by the Metropolitan Council to be prepared. Mr. Cameron reviewed a copy of the
model interim non-point source strategy developed by the Metropolitan Council. He asked the
Council to review this and be prepared to discuss it at a future meeting in conjunction with
stormwater management plan issues.
Community Development Block Grant (CDBG) Proerammiw,
This item was continued until the next meeting.
Other Business
Discussion was held about the City of Maple Grove's program called "Students in Government".
Councilmember Hanus provided some information in regard to the program and asked that it be
discussed at the next Committee of the Whole meeting.
A brief discussion was held regarding the property on Kildare Road and Cavan Lane related to
the former Percy Jacobson property and dock rights to that property.
It was moved by Jensen, seconded by Hanus and carried unanimously to
adjourn the meeting at 11:10 PM.
City Manager
ES:Is
180