2000-06-27MINUTES - CITY COUNCIL - JUNE 27, 2000
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, June 27, 2000, at 7:30 p.m., in the Council Chambers at 5341 Maywood Road,
in said City.
Those present were: Acting Mayor Mark Hanus, Council Members: Andrea Ahrens, Bob
Brown, and Leah Weycker. Absent and excused: Mayor Pat Meisel. Also in attendance
were City Attorney John Dean, City Manager Kandis Hanson, City Engineer John Cameron,
City Planner Loren Gordon, Finance Director Gino Businaro; Park Director Jim Fackler, and
Recording Secretary Diana Mestad. The following interested citizens were also present: Jo
Longpre, Ken Custer, Steven Coddon, Don Richard, Barr Engineering; Lorrie Ham, The
Laker; Martin Miller, Milton Hentges, Peter Meyer, Tony Clapp, John Volgstrom, John
Volgstrom, Tom and Dene Fabick, Bill and Dorothy Netka, and Liquor Store Manager, Joel
Krumm.
*Consent Agenda: All items listed under the Consent Agenda are considered to be routine by
the Council and will be enacted by a roll call vote. There will be no separate discussion of
these items unless a Council Member or Citizen so requests, in which event the item will be
removed from the Consent Agenda and considered in normal sequence.
OPEN MEETING - PLEDGE OF ALLEGIANCE
Acting Mayor Hanus opened the meeting at 8:00 p.m. and welcomed the people in
attendance. The pledge of allegiance was recited.
APPROVE AGENDA AND CONSENT AGENDA
Council Member Weycker asked to remove P & Z Case No. 00-28 from the consent agenda.
Council Member Brown asked to remove the Minutes of the June 13, 2000 meeting for
corrections.
MOTION by Ahrens, seconded by Weycker, to approve the agenda and consent
agenda with the removal of the Minutes of June 13, 2000, and P * Z Case//00-28.
The roll call vote was unanimously in favor. Motion carried. 4-0.
CONSENT AGENDA
*1.0 SET PUBLIC HEARINGS: POSTPONED HEARING FOR LANGDON BAY
SUBDIVISION: JULY 11.
MOTION
Ahrens, Weycker second, unanimously.
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MINUTES - MOUND CITY COUNCIL - JUNE 27~ 2000
PLANNING COMMISSION RECOMMEDATION:
'1.1
CASE #99-49 & 00-26: MINOR SUBDIVISION - MILTON HENTGES. 6400
LYNWOOD BLVD, LOT 6 AND NORTH 106' OF LOT 7. BLOCK 10.
MOUND TERRACE, PID//14-117-24 32 0059 AND CASE//00-26:
VARIANCE MILTON HENTGES, 6381 WALNUT ROAD, LOT 6 AN
DNORTH 106' OF LOT 7, BLOCK 10, MOUND TERRACE, PID//14-117-24
32 OO59,
RESOLUTION # 00-61
RESOLUTION TO APPROVE A MINOR
SUBDIVISION AND VARIANCE TO CREATE AN
ADDITIONAL LOT FROM THE PROPERTY
LOCATED AT 6200 LYNWOOD BLVD., LOT 6
AND THE NORTH 107 FEET OF LOT 7, BLOCK
10, MOUND TERRACE, PID # 14-117-24 32 0059, P
& Z CASE # 99-49 AND 00-26
Ahrens, Weycker, unanimously.
'1.2
CASE #00-30: VARIANCE - MARTIN MILLER, 6058 LYNWOOD BLVD,
LOT 5, BROOKTON, IN ORDER TO CONSTRUCT A GARAGE WITH A
NON-CONFORMING FRONT YARD SETBACK, PID# 14-117-24 31 0005.
RESOLUTION # 00-62
RESOLUTION TO APPROVE FRONT YARD
VARIANCE TO CONSTRUCT A DETACHED
GARAGE AT 6058 LYNWOOD BLVD., LOT 5,
BROOKTON, PID #14-117-24-31-0005, P & Z
CASE #00-30
Ahrens, Weycker, unanimously.
'1.3
CASE #00-34: VARIANCE - SHAUN TANCHEFF, 5174 TUXEDO BLVD,
LOT 20, WHIPPLE SHORES, IN ORDER TO CONSTRUCT A DWELLING
WITH A NON-CONFORMING LAKESIDE SETBACK, PID #24-117-24 34
0004.
RESOLUTION # 00-63
RESOLUTION TO APPROVE LAKESIDE
SETBACK VARIANCE TO REMODEL THE
RESIDENCE AT 5174 TUXEDO ROAD, LOT 20,
WHIPPLE SHORES, PID #24-117-24-34-0004, P
& Z CASE #00-34
Ahrens, Weycker, unanimously.
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MINUTES - MOUND CITY COUNCIL - JUNE 277 2000
'1.4 APPROVE PAYMENT OF BILLS.
MOTION.
Ahrens, Weycker, unanimously.
1.5 APPROVE THE MINUTES: JIYNE 13, 2000 REGULAR MEETING.
Council Member Brown requested that on page 2 change Fernstall to Furnstahl and on page
3, change Voss to Hvass.
MOTION by Ahrens, seconded by Brown, to approve the Minutes of the June 13, 2000
meeting. The vote was unanimously in favor. 4-0.
1.6
CASE//00-28: VARIANCE - TOM FABICK, 2017 ARBOR LANE, LOT 3,
SKARP & LINQUIST RAVENSWOOD, IN ORDER TO CONSTRUCT A 2~
FLOOR ADDITION WITH CONNECTION TO EXISTING DETACHED
GARAGE PID//13-117-24-41-0002.
Council Member Weycker questioned whether the applicant was being required to remove
the windows. The City Planner stated that this was a black and white issue and the owner
was aware it. If the set back was 3 feet, the windows could stay, if it was less, the windows
needed to be removed.
The City Planner stated that the Applicants had decided to have the second story wall built at
3 feet, but would remove the first story windows.
Council Member Weycker restated that her question was whether the applicant was aware of
this requirement. Tom Fabick stated that he was aware of this requirement and understood
that this was a building code question.
RESOLUTION # 00-64
RESOLUTION TO APPROVE FRONT AND SIDE
YARD VARIANCES FOR REMODELING OF THE
RESIDENCE LOCATED AT 2017 ARBOR LANE,
LOT 3, SKARP & LINDQUIST RAVENSWOOD,
PID//13-117-24-41-0002, P & Z CASE//00-28
Weycker, Brown, unanimously in favor. 4-0.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ABOUT SUBJECTS
NOT ON THE AGENDA. (PLEASE LIMIT TO 3 MINUTES PER SUBJECT.)
Peter Meyer, a member of Mound Park and Open Space Advisory Commission, stated that a
few weeks ago Shorewood dedicated a ball field and some members of the Twins
organization were there. He thought it was a very good presentation and he quoted from the
speech. Mr. Meyer hopes that the City Council will support youth sports.
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MINUTES - MOUND CITY COUNCIL - JUNE 27, 2000
PUBLIC HEARINGS:
1.7
CASE//00-29: HASBRO/CITY OF MOUND - STREET/EASEMENT
VACATION OF THE SOUTHERN PORTION OF MORTON LANE, LOCATED
BETWEEN BLOCK 9 AND BLOCK 10, OF ABRAHAM LINCOLN ADDITION
TO LAKESIDE PARK.
The City Planner reviewed the materials including an overhead that showed the existing
conditions of the site. This request is the result of a number of years of monitoring the
ground water in the area. Hasbro has been notified by the Minnesota Pollution Control
Agency to do the clean up and it is necessary to address this before the ground water gets to
the lake. Currently, the ground water is heading toward the Morton Lane channel. It is
necessary to vacate a portion of the channel in order to combine it with Hasbro's property to
do the cleanup. The site will become a wetland that will naturally treat the toxins in the
groundwater. The attorneys have concluded that a vacation is necessary in order to complete
this cleanup. This will impact the public use of Morton Lane for access to the lake. 400
feet of shoreline would be taken out of the City's linear footage reducing the BSU's by about
8. The idea is that the channel will be constructed so that there will be more water footage
after wetland is constructed (about sixty feet more). Hasbro has indicated that they have no
future use for the property and want to give it back to the City when the cleanup is complete.
Staff recommendation to the Planning Commission was that it is a good idea to go forward
with this. The Planning Commission agreed (6-2 vote). Hasbro does have the okay from the
DNR, etc. for this project.
Acting Mayor Hanus asked if Hasbro was willing to include a statement in the resolution
indicating that the property will be returned to the City. The City Attorney added that this
has been a point of significant discussion. The status of Hasbro's current position is that
they are expecting that most of the wetland work will be completed in November 2000. At
that time, they will convey a shoreline easement to the City and it is hoped that this will
allow the City to calculate the 460 feet back into its shoreline count. They are also willing
to convey an interest to the City for the upland portion for use as open space. Later in the
year, they would finalize an agreement providing for the ultimate conveyance to the City of
the lots involved at the point in time when the clean up is complete.
Council Member Brown asked about splitting the channel down the middle. The City Planner
stated that Hasbro has an agreement with the property owner on the east to take care of this.
Council Member Ahrens commented that in reference to the shoreline easement, there is an
ordinance in place to take care of this type of situation and she is not sure the City will get
credit for 460 feet of shoreline as the LMCDis calculating this differently now.
Acting Mayor Hanus asked when the project would be complete as it may have an effect on
whether it needed to be reported to the LMCD. He stated that if it was complete within the
calendar year, it might not be necessary to report this. The City Attorney agreed with this.
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MINUTES - MOUND CITY COUNCIL - JUNE 27t 2000
Council Member Ahrens asked for clarification on why this would be. Acting Mayor Hanus
stated that rather then completely losing the property; they could just report the slight
increase due to the project.
Council Member Ahrens did not agree with this statement. She felt that if there was any
type of change, it should be reported. The City Attorney stated that going through a
licensing cycle with less property would have a greater impact than going through the next
cycle with the same amount or more of shoreline.
Acting Mayor Hanus stated that the point is that if the change is a net gain, they will not lose
BSU's.
Councilmember Ahrens stated there was a new rule that if the shoreline was not straight, it
was not necessarily counted.
Councilmember Weycker stated she felt that these things would need to be clarified before a
vacation was approved.
Acting Mayor Hanus asked what the timetable was to get answers for the questions being
asked. The City Attorney stated that he did not know the process, but would investigate.
Councilmember Ahrens confirmed that the choice was to vacate and lose shoreline or let the
contaminants stay. The City Attorney stated there were other choices such as pumping the
pollution, but the idea here is that this is passive and will enhance the wetland. The PCA
and Hasbro have concluded that this option makes good sense.
Councilmember Brown stated that in reference to the issue of losing eight BSU's, no one will
actually lose a space who has one now. In addition, the City was gaining green space and
getting the site cleaned up. One year from now, Mound could have a beautiful park.
Councilmember Brown felt that the good outweighed the bad.
Councilmember Weycker stated that this site would be cleaned up whether the vacation was
approved or not. She questioned what the public benefit is in vacating the shoreline.
Councilmember Brown stated that this is a dried up channel with no boat access. The other
options would include pumping stations and would not be esthetic.
The City Planner stated that it just happened that the contaminants have moved toward the
water, but this is the only option for the natural ponding.
Acting Mayor Hanus opened the Public Heating at 8:30 p.m.
Jamie Demaries, 5272 Lynwood Boulevard, stated that he urges the City to vacate. He
stated his concern about pumping noise as the alternative. Mr. Demafies likes the idea of a
park. He felt that the loss of shoreline is not a concern as this particular area is like a slew.
Councilmember Weycker stated that shoreline was in use as it was calculated into the dock
program.
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MINUTES ' MOUND CITY COUNCIL - JUNE 27, 2000
Ron Popagalo, 2161 Cardinal Lane, referred to the Planning Commission meeting when a
statement was made by the Hasbro representative that Cardinal Lane is higher than the
polluted property and so is not an issue. Mr. Popagalo stated that a portion of his property
is level with the Hasbro property. He is concerned about knowing whether the pollution has
leached onto his property. Mr. Popagalo also stated a concern about mosquito control with
the establishment of the wetland.
Councilmember Ahrens asked whether mosquito control was currently active in that area.
Mr. Popagalo stated that he had not seen them there.
Councilmember Brown stated the Hasbro representative mentioned that the last wellhead
closest to Mr. Popagalo's property shows no pollution and it is funneling away from his
land.
Anthony Clapp, 2180 Cardinal Lane, stated that he approves of the plan and is an adjacent
landowner. He stated that a portion of the land is level with his property. He is also
concerned about future maintenance control including the mosquito issue.
Peter Meyer, 5748 Sunset Road, Park Commission Member, stated that the Metro Mosquito
Control could control the mosquitoes if asked. He further stated that he strongly supports
this project.
Acting Mayor Hanus closed the Public Hearing at 8:40 p.m.
Councilmember Weycker asked Kevin England (Hasbro representative) what other options
were available excluding the use of pumps.
Mr. England spoke about the questions that had been raised and the options. He stated that
the contaminants were moving 20 feet under the surface and moving toward the lake. As
this reaches the channel, the water will move up. The source is decreasing at the building.
Mr. England stated that using a wetland to do the cleanup was not his primary option. One
option was to use pumping to move water through the material, which would deplete the
current small wetlands. The pumps would take thirty years to complete the clean up. An
alternative is to put a chemical underground to set up a reducing environment below the
surface. Mr. England does not feel it is a good solution is to put more material in the
ground that could eventually require a fix in the long term. Another possibility is to build an
iron wall to stop the seepage, hut again that would involve putting a chemical in the ground.
Because Mr. England did not like these options, he started to look at bioremediation as a
solution. The benefits to the City with this solution are that the City gets 60 feet of
shoreline, two acres of flood storage, additional trees, re-creation of a wetland, and creation
of a park. This is a passive system that is perpetual and not intrusive.
Mr. England stated that the implementation of this plan requires a series of steps that need to
be addressed. The preliminary design has been approve by MPCA. Hasbro now needs
ownership of land, which will require vacation of the street. After that, the plans will be
made final and permits can be applied for.
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MINUTES - MOUND CITY COUNCIL - JUNE 27, 2000
Mr. England stated that by regulation, wetland work must be done in the fall. The plan is to
go forward with this project, which will take about 4 to 6 weeks, and finish in November. It
is necessary to get the permits by July in order to do this.
Mr. England stated that an agreement for the shoreline and eventual park use has not been
completed because of time constraints and Hasbro wanted to work those out in November.
The latest period of returning the land would be when no further sampling is necessary.
Hasbro's concern was to not give the land away too soon. Hasbro needs to be sure the
cleanup is working so as to avoid having to buy the land back again.
Mr. England stated that mosquitoes are an issue he cannot address as that is a City issue.
Councilmember Brown asked about the concerns of the adjoining properties regarding the
contamination. Mr. England stated he did not believe there was pollution on those
properties. He indicated where a barrier would be placed 25 feet down into the clay to
ensure the flow is captured.
Councilmember Weycker stated that she agreed that this is the best option, but wants to find
a way not to vacate. She asked why ownership was necessary. The City Attorney stated
that other options were explored such as giving Hasbro a license to construct the roadway,
but the conclusion was that this was not a right that was consistent with dedication of the
road. There was also a concern of whether this would then need to be a City project.
The City Attorney felt that even if the road were to remain vacated, but the shoreline
changed, that would also have an impact on the lineal shoreline.
Acting Mayor Hanus stated that he was losing some hope in the conveyance issue in that
there would be a problem with the LMCD. The City Attorney suggested checking with the
Dock Commission to find out what is needed.
Acting Mayor Hanus stated that he would like to see stated in the resolution how the
conveyance would be achieved. The City Attorney stated that at this time, he did not know
what the policy of the LMCD.
Acting Mayor Hanus wanted to leave the door open for a better resolution in the future for
the conveyance. He questioned why Hasbro could not continue applying for permits under
this resolution. The City Attorney stated that the type of information is received further on
could greatly impact the resolution.
Councilmember Ahrens restated the possibility that the shoreline would not come back into
the City's account.
MOTION by Brown, seconded by Ahrens, to approve the vacation of the Morton
Lane right of way as presented.
Discussion:
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MINUTES - MOUND CITY COUNCIL - JUNE 277 2000
Councilmember Ahrens requested an amendment that a provision be added that
the land be proved safe and the contamination eliminated before the land is
reconveyed to the City. Brown agreed to this amendment.
Acting Mayor Hanus asked for clarification of the amendment as to whether it
referred to the land being cleaned up or to the system working. The City
Attorney stated conveyance would not happen until MPCA had approved the
project. He stated that the interim discussion was for the shoreline and open
space easements. The City would want the ultimate say in whether they would
accept the property.
The City Attorney suggested the following be added to the Motion:
"Vacation is approved subject to the following: Applicant enters into an agreement with
the City providing for a shoreline and open space easement and for the eventual
conveyance to the City of Lots 12, 13, 14, 15, and the westerly half of Lot 16, Block 9,
Abraham Lincoln addition to Lakeside Park together with the portion of Morton Lane
hereby vacated and any vacated portion of Morton Lane purchased by Hasbro from
others. Such shoreline easement and eventual conveyance will include the shoreline
defined as 9.2.4 MSL from the current configuration and corrected later for the
shoreline defined the constructed wetland if approved by the PCA and the Minnesota
Department of Natural Resources. Such conveyance to be made no later than the time
applicant is informed by the PCA that there is no further need to continue treatment of
the impacted ground water. Such conveyance will be for publlc wetland and open space
purposes only."
The City Planner suggested that because this is so far out in time he would add
"identified as the ordinary high water of Lake Minnetonka" instead of using
today's number.
Brown accepted the amendment.
Councilmember Weycker questioned that if this happened on a downtown parking
lot, would the City need to relinquish ownership of the parking lot to accomplish
the cleanup. Mr. England stated that the legal counsels involved did not feel this
was an option. Hasbro would prefer an easement and not a vacation.
The City Attorney stated the issue had to do with this being a dedicated street.
The City does not actually own fee title to this property. Acting Mayor Hanus
stated that dedicated land for a street had to be used for a street.
Councilmember Brown stated that the good outweighs the bad on this issue.
Councilmember Weycker stated that the issue is losing the lakeshore. She further
stated that some of the alternative options might have to be used in some of the
other projects.
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MINUTES - MOUND CITY COUNCIL - JUNE 27~ 2000
Councilmember Brown stated that he felt that this was the best alternative for this
site.
The City Manager stated that this would die with one dissenting vote tonight and
perhaps the vote should be taken at the next meeting.
Councilmember Weycker stated she wanted clarification from the LMCD on the
shoreline calculation issue.
MOTION by Weycker to table the issue. Motion died for lack of second.
Acting Mayor Hanus asked Mr. England what tabling the issue would do to the schedule.
Mr. England stated that Hasbro needed to get the permits by July to begin work in October.
Acting Mayor Hanus stated that he would entertain a motion.
MOTION by Weycker, seconded by Hanus to table the issue. Hanus added an
amendment to include asking staff to investigate the issues before the next meeting.
Ayes: 2 (Weycker, Hanus)
Nays: 2 ( Ahrens, Brown)
Motion failed 2-2.
Councilmember Ahrens stated that the issue should be explored as to what to do if the
LMCD answer is no and how that would make a difference.
The Motion by Brown was brought back.
Councilmember Brown asked Councilmember Weycker if anything could be added to
the Motion to resolve her concerns. Councilmember Weycker stated that the question
lies with the LMCD and the lakeshore footage.
Councilmember Ahrens stated that she feels this project is the best option whether the
Dock Commission gives the go ahead or not.
Acting Mayor Hanus stated that if nothing can be done to satisfy Councilmember
Weycker's concerns, then the Council must vote.
The City Attorney stated that if the motion to approve the vacation fails, the City
would go back to square one, including petition, notification, etc. He suggested
waiting until another night to make a decision when a full City Council could be
present.
MOTION by Weycker, seconded by Brown, to table this issue until the July 11, 2000
meeting with the contingency to check with the LMCD.
Ayes: 3 (Hanus, Weycker, Brown)
Nay: 1 (Ahrens)
Motion carried. 3-1.
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MINUTES - MOUND CITY COUNCIL - JUNE 27~ 2000
Councilmember Ahrens stated that she felt that other options for cleanup should be brought
to the next meeting because if the dock issue could not be solved, this option would not
happen.
The City Attorney stated that Hasbro could have property owners join in the request for
vacation and then a 4/5 vote would not be necessary.
Acting Mayor Hanus called a break at 9:28 p.m.
Acting Mayor Hanus called the meeting to order at 9:35 p.m.
MOTION by Brown, seconded by Ahrens, to reconsider the last motion.
Ayes: 3 (Ahrens, Hanns, Brown)
Nay: 1 (Weycker)
Motion carried; 3-1.
The City Attorney stated that Mr. Coddon would now join in on the request and as this is
now a petition for vacation by the requisite property owners abutting, this changes the
number of votes needed to approve the vacation. The approval now requires a simple
majority vote
MOTION by Brown, seconded by Ahrens, to approve the vacation of Morton
Lane subject to the following: Applicant enters into an agreement with the City
providing for a shoreline and open space easement and for the eventual
conveyance to the City of Lots 12, 13, 14, 15, and the westerly half of Lot 16,
Block 9, Abraham Lincoln addition to Lakeside Park together with the portion of
Morton Lane hereby vacated and any vacated portion of Morton Lane purchased
by Hasbro from others. Such shoreline easement and eventual conveyance will
include the shoreline defined as 9.2.4 MSL from the current configuration and
corrected later for the shoreline deemed the constructed wetland if approved by
the PCA and the Minnesota Department of Natural Resources. Such conveyance
to be made no later than the time applicant is informed by the PCA that there is
no further need to continue treatment of the impacted ground water. Such
conveyance will be for public wetland and open space purposes only.
RESOLUTION #00-65
RESOLUTION APPROVING THE VACATION OF
A PORTION OF MORTON LANE STREET RIGHT-
OF-WAY, P & Z CASE//00-29 WITH CONDITIONS
The City Attorney stated there was a need to have assurance from Hasbro that the
City's costs will be reimbursed. He suggested this as an amendment to the Motion.
Councilmembers Brown and Ahrens accepted this amendment.
Councilmember Weycker stated that although she was not voting in favor, she is not
opposed to the project, but does think another way could be found to do this without
relinquishing ownership.
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MINUTES - MOUND CITY COUNCIL - JUNE 27, 2000
Ayes: 3 (Ahrens, Hanus, Brown)
Nay: 1 (Weycker)
Motion carried 3-1.
1.8 ZONING TEXT AMENDMENTS PERTAINING TO DOWNTOWN ZONING.
The City Planner stated that this is proposed language to create four new zoning districts for
the downtown area. These have been set up to accommodate the Mound Visions plan. The
districts set up various ways for a mixed use and compact urban downtown to unfold. He
stated that the Planning Commission has been working through these zoning issues and there
have been many changes up to this point. There have been issues with outside agency
reviews that were coming forward and interfered with writing specific standards. The
thought process was to get some flexibility up front to deal with the unknowns. The districts
stipulate within each district what are permitted and conditional uses. There are thresholds
for set backs and heights. Side yards and rear yards would be somewhat flexible. The May
8 draft is what the Planning Commission has moved on for the Council to review. If
Council is comfortable with this, it should then move into an ordinance. Staff has also put
together a proposed map for these districts. The idea from the Planning Commission is that
when a property redevelops, the new zoning takes effect. The downside is that there is more
work involved in reviewing the applications. Parking standards relax the current code to
avoid parking in the pedestrian district. The sign section is stricter than current code.
Councilmember Ahrens questioned whether the Planning Commission had discussed this.
Councilmember Brown stated that this was continued at the May 8th meeting and completed
at the May 22 meeting. The City Planner confirmed that the draft before the Council
included the Planning Commission changes.
Councilmember Weycker asked whether small changes could be made in the future. The
City Planner stated that this was possible, but his intent was just to bring the information to
the Council for a first pass tonight.
The City Planner stated that a planned unit approach would allow them to go over every
proposal and put in conditions as necessary.
Acting Mayor Hanus asked about the signage portion under prohibited sign, specifically
plastic panel rear light signs. He wondered if the Planning Commission had discussed this.
Councilmember Brown stated that this was discussed in reference to a franchise that might
come in with an unapproved sign. It was felt that those people could ask for a variance to
the sign ordinance.
Acting Mayor Hanus stated that he felt the backlit signs were not necessarily offensive and
wondered if this would scare away business. The City Planner stated this same discussion
occurred in regard to neon signs during the Planning Commission meeting.
Councilmember Brown stated that the Planning Commission was split on these issues, but
people would have to come in for a variance.
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MINUTES - MOUND CITY COUNCIL - JUNE 27f 2000
The City Manager stated that businesses that are subject to City policies have grown adept to
fitting their signage to the character of the downtown. She further stated that the sign
language was only applicable to the pedestrian district.
Acting Mayor Hanus was concerned that there would not be hardship to grant the variances
and wanted to consider changing the code rather than granting variances. The City Attorney
suggested a "special exception" to the variance.
Acting Mayor Hanus stated that in reference to parking issue, the numbers were different.
The City Planner stated that the Planning Commission wanted 10x20 spaces and these are
subject to variance.
Acting Mayor Hanus opened the Public Hearing at 10:04 p.m. There were no comments
from the public. Acting Mayor Hanus closed the Public Hearing at 10:05 p.m.
Councilmember Brown stated he was comfortable with this as is. Acting Mayor Hanus
stated he could support it, but wanted to make sure there was something in the minutes so
that if someone comes in with PUD and wants to make changes, it would be possible.
Councilmember Ahrens agreed with this and wants to redefine code instead of granting
variances.
Acting Mayor Hanus stated that even though this would become a part of the actual
ordinance, he views this as a test or starting point for developers.
Councilmember Ahrens asked where this language came from. The City Planner stated that
it was pulled out of various existing ordinances.
MOTION by Brown, seconded by Ahrens, to direct staff to prepare the
ordinance.
Discussion:
Councilmember Weycker asked if the Council could live with this for a while before
approving it. The City Planner stated that he felt there might be reason to go back in
and tailor the ordinance to what is built, and then it would be more specific.
Acting Mayor Hanus stated that changes could be made anywhere along the line, and
even though he had some problems, he felt it was a good starting point.
Acting Mayor Hanus stated that it should be understood that nothing is being rezoned,
but that new criteria is being established for when the new zones are adopted.
Councilmember Ahrens stated she did not want to do anything that was contrary to
what the Dodds are doing. The City Planner stated that the plan was constructed to
reflect the Dodds project.
The City Planner confirmed the issue of property changing hands in that the prior
zoning could not be kept if redevelopment was done, but if only a change of tenant
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Acting
MINUTES - MOUND CITY COUNCIL - JUNE 27~ 2000
occurred, the prior zoning could be kept. The City Attorney stated that in other
cities, PUD's are reserved for new developments where several lots are combined.
Acting Mayor Hanus wondered if there was concern from a legal perspective on this.
The City Attorney stated there was not a concern.
Ken Cluster, 5533 Shoreline, asked the City Attorney if approving this would change
the value of his property because he could then only sell to one specific buyer. The
City Attorney stated that no because until a map is adopted, this text is not specific to
any particular property, but he may want to come back when the map is being
considered. The City Attorney also stated that sometimes these changes could
increase the value of property.
Mayor Hanus called the vote.
The vote was unanimously in favor 4-0. Motion carried.
PLANNING COMMISSION RECOMMEDATIONS:
1.9
CASE//00-32: VARIANCE - JOHN VOLGSTROM, 2350 DRIFTWOOD LANE,
IN ORDER TO CONSTRUCT A NEW SINGLE FAMILY DWELLING WITH A
NON-CONFORMING FRONT YARD SETBACK, PID//13-11%24 44 0059.
The City Planner reviewed this request and stated that a similar request had been made last
year by a different applicant. He reviewed the proposed layout. Staff review of this case is
consistent with the prior review. The cabin has been removed and, therefore, there is no
current use of the property. Staff has weighed review of hardship conditions and use of the
property. Staff feels this property is best served through the property to the south. The City
Planner stated that the lot area, width, and current absence of use did not show a hardship
and the Council should not grant the variances. He stated that the Planning Commission has
recommended denial of the variance request.
Councilmember Brown stated that he argued with the Planning Commission on this because
this is a lot of record and was approved for the prior applicant. Councilmember Weycker
stated that the prior variances were for lot size. Councilmember Brown said no, there was a
proposed building involved.
The City Planner stated that the prior building conformed to side yard and lakeside set backs.
Acting Mayor Hanus confirmed that there were no variances for the building. Mr.
Volgstrom stated this is incorrect and there was confusion about the garage. Acting Mayor
Hanus asked where this information came from. Mr. Volgstrom stated this came from the
resolution. Councilmember Hanus stated he was looking at the resolution and did not see it.
Mr. Volgstrom's son stated the numbers were off the survey.
459
MINUTES - MOUND CITY COUNCIL - JUNE 27f 2000
Councilmember Ahrens stated that the lot area on the original request was confusing. The
City Planner stated this was because of flood plain fill.
In reference to the prior applicant, Councilmember Ahrens asked if the permit for filling was
ever done. The City Planner stated that no permits were issued, but he did have the
approvals to build.
Mr. Volgstrom restated the elevation calculations for the Council.
confirmed that he was talking about the area above the flood plain.
a lot of record and tax had been collected, it should be buildable.
Councilmember Hanus
He felt that since this is
Acting Mayor Hanus confirmed that no fill was planned at this time because of the pylons.
Councilmember Brown reaffirmed his feelings about this being a building site that had paid
taxes, and assessments.
Acting Mayor Hanus stated the current project is higher on hardcover and has an extra
variance when compared to the previous request.
Mr. Volgstrom stated that the requested variance being sought is very slight. Acting Mayor
Hanus stated that the last time this was difficult to approve and at that time the structure was
conforming.
Councilmember Ahrens asked if there was an advantage to the lake in the use of pylons
rather than fill. She pointed out that this might be a trade off in granting this variance.
City Planner stated that the pylons put less area down onto the soils and the water table.
The
Councilmember Ahrens asked what the practical difficulty was on the setbacks. The City
Planner stated there was no deck designed and they felt it would come back later. The
applicant stated that he would not be adding a deck in the future.
The applicant stated that the extra 4.5 feet would make a difference in making the design of
the house less of a box. Acting Mayor Hanus stated that the issues were hardcover, street
setback and the potential for a deck.
Councilmember Weycker agreed with Acting Mayor Hanus that if one of the variances could
be removed, she could approve this request. Acting Mayor Hanus asked the City Attorney
regarding a future request for a deck as to whether language should be added to the
resolution to alert a new buyer that no deck would be approved.
The applicant confirmed that the footprint was 1,300 sq. ft. including the garage.
Councilmember Weycker expressed that Staff was concerned about the lot being overbuilt.
The applicant stated that in order to conform, the garage was too small and asked whether a
3.5 foot variance would be a compromise.
460
MINUTES - MOUND CITY COUNCIL - JUNE 27a 2000
Acting Mayor I-Ianus stated that he knew of two houses that had been chopped and shaped to
conform without variances. The applicant stated that they have done quite a bit of shaping to
the plan already.
The applicant stated that if this is voted down, he would redesign to meet the setbacks.
Councilmember Ahrens confirmed with the applicant that the issue was that there was no
hardship to grant the variances and the house was quite large and could still be cut back.
The City Attorney stated that Staff could prepare a resolution for this.
Brown moved and Weycker seconded the following resolution:
RESOLUTION ~0-66
RESOLUTION TO APPROVE FRONT YARD, LOT
AREA, LOT WIDTH, AND HARDCOVER
VARIANCES TO CONSTRUCT A HOME AND
DETACUED GARAGE AT 2350 DRIFYWOOD
LANE., LOT 10, SKARP'S EAST LAWN, PID #13-
117-24-44-0059, P & Z CASE g00-32
including Staff's recommendations as follows:
0
®
The front yard setback conforms to setback requirements.
Approval by the MCWD.
Provide a fln[qhed floor elevation for the home that is at or above the
RFPE.
Approval of the drainage plan by the City Engineer.
Connection to water and sewer utilities shall be in,qtalled at the owner's
Verification of the septic tank and removal if present.
The vote was unanimously in favor. 4-0.
1.10 CASE//00-33: SIGN VARIANCE - KEN CUSTER, 5533 SHORELINE DRIVE.
GLASS PLUS ENCLOSED PORTABLE SIGN, PID #13-117-24 33 0076,
Ken Custer spoke about his sign. He stated he could take the wheels off and make it a
permanent structure. He felt that his problem was in applying for the permit rather the
fact.
Acting Mayor Hanus stated that the other signs that are in violation would be addressed very
soon.
Ken Custer stated this could be tabled indefinitely. Acting Mayor Hanus stated that the City
Attorney has said they could not purposely ignore a violation.
Acting Mayor Hanus asked how the sign could be installed without violating the parking
requirements. Custer stated he could put a motor on it and then it would be a vehicle.
461
MINUTES - MOUND CITY COUNOIL - JUNE 27, 2000
Acting Mayor Hanus asked whether it would be the Council's choice to allow this sign in
front of every business in town. Councilmember Brown stated that if Custer could not have
his sign, all the other signs in violation needed to be removed. Acting Mayor Hanus agreed
with this.
The City Planner stated that signs cannot have more than two faces and it needs to be
decided just how many sides this sign had. He also stated that if the sign was not
advertising, it could be considered public art.
Mr. Custer asked for this to be tabled so that he could consider his options.
Councilmember Ahrens stated that he simply needed to withdraw his request and reapply
when he was ready. The City Attorney stated this might be handled at Staff level and not
need to come back to the Council.
Mr. Custer stated that he was withdrawing his request.
1.11 STAFF UPDATE ON STORM WATER MANAGEMF~NT AND BUFFERING.
Dan Parks, McCombs Frank Roos Associates,Inc., reported back to the Council about what
other communities are doing about buffers. He stated that he has some information, but is
still looking for some from other cities. He included a technical discussion for the Council
regarding the buffers. He felt that the Watershed was leaning toward a 50-foot buffer on
lakes of one acre or more.
Councilmember Ahrens asked if a 50-foot buffer meant it would go right up to the house.
Acting Mayor Hanus confirmed that waiting to adopt would mean the 50-foot buffer would
be in effect, but if the City adopted this before the change was made, it would stay at 35
feet. He asked for confirmation that if something is adopted now based on the Watershed's
current rules, they cannot male the City change the rules. He also asked if they could take
control back again. Mr. Parks stated that the City Attorney should answer this.
The City Attorney stated that once the City has a plan in place, the Watershed is out of the
process. If the Watershed changes their regulations, they will apply to cities that have not
adopted their own plan. They cannot go back and make the other cities change.
Acting Mayor I-Ianus stated that he was surprised to read that the cities adopted the actual
watershed rules. He also questioned whether the lake was part of the buffer. Mr. Parks
stated that the lake buffers are not regulated, however, many lakes do have a wetland border
and that would qualify.
Councilmember Brown stated that he likes Minnetonka's plan, which has been adopted
conditionally. The City Attorney pointed out that this still needed to go back to the
Watershed.
462
MINUTES - MOUND CITY COUNCIL - JUNE 27~ 2000
Acting Mayor H_anus stated that he would like more time to talk with the Councilmembers in
other cities. He stated that if the Watershed wanted this adopted, they should provide data
showing this would do some good. Mr. Parks stated that the memo he handed out tonight
was from the Watershed.
Acting Mayor Hanus asked if this were adopted, who would interpret what is a wetland?
Mr. Parks stated there are state requirements for this. Staff will make sure wetland is
properly defined.
Mr. Parks stated that he is still waiting for formal comments from the Watershed on the
plan. He did not feel any action tonight would be necessary. Mr. Parks will get the
information and recommendations in two weeks if possible.
1.12 MATTERS RELATING TO RAY MAR PROPERTIE~ DEVELOPMENT.
The City Attorney stated that this follows the action a, ken at the HRA meeting earlier.
MOTION by Ahrens, seconded by Brown, to approve the changes in the Ray
Mar Properties Development Agreement as recomended at the earlier ~
meeting of June 27, 2000. The vote was nnnnimously in favor. Motion carried
4-0.
1.13 RF.~OMMENDATION TO EXTEND AGREEMENT FQR CENTRAL
BUSINESS DISTRICT (CBC) PARKING.
The City Manager stated that this was a clean up issue. The CBD Parking Maintenance
Program expired at the end of June. She stated that the mediation process has moved
forward. Staff recommends approval of a one year extension of the CBD Parking Maintence
Program to allow time to see how the redevelopment progresses. This allows the City to
continue basic maintenance and snow removal in the downtown area.
Councilmember Weycker pointed out that this had already been extended for one year.
Councilmember Ahrens stated she agreed that it would be necessary to extend this for
another year.
MOTION by Ahrens, seconded by Weycker, to extend the CBC parking progrnm
for one year.
Discussion:
Acting Mayor Hanus stated that the original intention was to sunset this and also to have the
redevelopment further along. He is wondering at what point in the project this will end.
The City Manger stated that this will sunset when the redevelopment is in place. The City
Manager stated that what could take place is that there were will be parking districts. This
would mm parking lot responsibility back to the business owners.
483
MINUTES - MOUND CITY COUNCIL - JUNE 27~ 2000
Acting Mayor Hanus stated that some districts will always require City maintained parking
and there are already discussions of parking sharing betw~n districts. He feels it will be
eight years before the development would be complete.
Councilmember Weycker brought up that some businesses have asked to be excluded from
CBD.
Councilmember Weycker asked if Staff could work on this to see if it would be possible to
phase it out.. The City Manager stated it would be tough to phase out during the
redevelopment.
Acting Mayor Hanus called the question.
The vote was unonlmously in favor. Motion carried 4-0.
1.14 LIOUOR STORE PRO.IECT.
The Finance Director pointed out the letter from the liquor store landlord indicating the lease
would be expiring next year. He is looking for options to either extend the lease long term
or to build a liquor store owned by the City.
Councilmember Brown stated that he was behind getting a new liquor store as he thought it
would be very profitable. He felt this could either be an existing building or be new.
Acting Mayor Hanus thought it was premature, but he agreed with Councilmember Brown
and felt that the expiring lease would force the issue. He stated that he would prefer to see
some development get started first.
The Finance Director stated that consulting was done for ideas to meet debt.
Councilmember Ahrens supports moving the store. She pointed out that while the debt is
paid, there would not be as much profit to spend. The Finance Director stated that there
would still be a portion of the profit in addition to the equity.
Joel Krumm, Liquor Store Manager talked about the projections on page 2909 of the meeting
packet.
Councilmember Weycker confu'med that owning the building would need to be set up with a
developer ahead of time versus buying privately. The Finance Director pointed out that first
the direction needed to be decided on and then the details would be worked out.
MOTION by Brown, seconded by Weycker, to direct Staff to explore the options
of f'mding a new, larger Mound liquor store and to bring recommendations back
to the City Council.
Discossion:
MINUTES - MOUND CI'I'Y COUNCIL - JUNE 27~ 2000
Councilmember Hanus stated that he felt that another benefit was that a more substantial
store might help to discourage competition from moving in or at least make Mound more
competitive.
The City Manager stated she has been challenged on how to incent Joel to stay and he has
stated that a new store would be incentive. She also wants to look at his compensation
because of the drop in profits with the new debt.
Couneilmember Ahrens asked where the numbers were from. The Finance Director stated
they were from a consultant.
Couneilmember Ahrens asked when harder numbers would be available. The City Manager
stated that when a site was determined it would help these numbers be more solid.
Councilmember Ahrens asked that new fixtures were factored into the numbers. The
Finance Director stated yes.
Acting Mayor Hanus called the question.
The vote was unanimously in favor. Motion carried 4-0.
1.15 DISCUSSION ON POLICY FOR AVOIDED SPECIAL A$$F_~SMENTS.
The City Engineer discussed the issue of avoided assessments that are the result of people
combining lots when street improvements were made. He can easily check these assessments
when people come in for improvements. The unit charge is the issue. The City Engineer
stated that the City has authority to collect these assessments. Staff is looking for direction
as to whether continue.
The City Attorney stated that if the Council wanted to continue to collect these assessments,
it should be left alone, but if Council wants to re-examine, the Staff wants some direction.
The City Engineer stated that the biggest number is $1800. Councilmember Ahrens asked
what the potential income was. The City Engineer guessed there were 1/2 dozen per year at
$1800 or so. He stated this could help offset costs for Staff review on minor subdivisions.
Councilmember Ahrens stated she felt people should have to pay these. The City Attorney
stated that the people paying were not necessarily the ones who initially avoided the unit
charge.
Acting Mayor Hanus stated that the bottom line is that the property never paid all of its costs
and should still have to pay.
The City Engineer stated that if these lots were researched, they could be made aware of this
possible charge. The City Attorney stated that this would be best.
465
MINUTES - MOUND CITY COUNCIL - JUNE 27, 2000
The Finance Director stated that a procedure has been set up to do this and a good effort
would be made to find these lots. A disclaimer is added so that if it is missed, the City can
still go back.
The City Attorney stated this is being collected twice because originally the special
assessment was collected from everyone in the City. The City Manager stated that there was
principal involved in both sides of the issue and it would be difficult if one neighbor paid and
another did not.
Councilmember Ahrens pointed out that there could not be that many lots left in this
situation. The City Engineer stated that in ten years there might only be one or two per
year.
The Finance Director stated that they would like to have an inventory so that they would
know exactly which properties are impacted.
The Finance Director stated that Staff is asking for direction from Council because they are
taking the risk of a challenge. The City Engineer stated that some people are already stating
that this is illegal. The City Attorney stated there is absolute legislative authority to do this.
MOTION by Brown, seconded by Weycker, to direct staff to recapture the
m~essments under section 330.12. The vote was unanimously in favor. Motion
1.16 COST ESTIMATE FOR RENOVATION OF ISLAND PARK BALL.
The City Manager stated that this issue came up from a POSC budget meeting. Jim Faclder,
Park Director, stated this discussion started back in 1998 and involved roof, window and
mechanical replacements. There is concern about the cost ($114,000). The question was
brought to staff as to whether they could do subcontracting. Staff did look into this and
broke it into numbers. Phase I was to preserve the exterior and Phase II the interior as far
as climate. Plumbing rough ins and electrical were included. These are rough estimates.
Acting Mayor Hanus stated that Council had asked for the Park Commission for uses. The
Park Director stated these were not back yet from the minutes.
Couneilmember Weycker stated this was an information update at this time. Acting Mayor
Hanus stated that he needed to see the uses.
n IFO ON C US
1. FINANCIAL REPORTS.
2. AMM FAX NEWS.
3. LAKE MINNEFONKA CONSERVATION DISTRICT MINUTF_~ - MAY 10, 2000.
MINUTES - MOUND CITY COUNCIL - JUNE 27~ 2000
4. WESTONKA HEALTHY CO~Y COLLABORATVE MINUTES - MAY 19,
2000.
3. MOUND POLICE DEPARTMENT MONTHLY REPORT - MAY 2000.
6. FUNDAMg.~ALS: HOW TO BECOME A BETTER GOVERNING BOARD
MOTION by Ahrens, seconded by Brown, to adjourn the meeting at 12:30 a.m.
The vote was unanimously in favor. Motion carried. 4-0.
Kandis Hanson, City Manager
Attest: City Clerk
467
~ · ,: ,. , MINUTES - MOUND CITY COUNCIL - JUNE 27~ 2000
THIS PAGE LEFF BLANK INTENTIONALLY,
PAYMENT BILLS
DATE: JUNE 27, 2000
BILLS ACCOUNTS PAYABLE
BATCH #
#0061
AMOUNT
$189,336.03
TOTAL BILLS
$189,336.03