1985-02-1221
February 12, 1985
REGULAR MEETING
OF THE
CITY COUNCIL
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on February 12, 1985, 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
Jon Elam, City Attorney Curt Pearson, City Clerk Fran Clark,
Building Inspector Jan Bertrand: City Planner Mark Koegler, City
Engineer John Cameron, Insurance Agent Earl Bailey, Insurance
Consultant Bill Husbands, Recycling Committee Members Wendy
Anderson, Jackie Meyer, Joyce Nelson and Kathy Kluth and the
following interested citizens: Ada Shepherd, George Shepherd,
Sr. and George Shepherd, Jr., Steve Coddon, Coral P. Kruce,
Florence Yule, Gloria Briggs, Virginia Crawford, Frank Ahrens,
Jerry Petrowski, Dr. Chuck Carlson, Eldo Schmidt, Karen Holmberg,
Tod Holly, E. G. Schlee, Saul Smiley.
The Mayor opened the meeting and welcomed the people in
attendance.
MINUTES
The Minutes of the January 22, 1985, Regular Council Meeting were
presented for consideration.
Paulsen moved and Peterson seconded a motion to approve the
Minutes of the January 22, 1985. Regular Meeting. as
presented. The vote Was unanimously in favor. Motion.
carried.
PUBLIC HEARING: REZONING. CONDITIONAL USE PERMIT (SETBACK VARI-
ANCES, LOCATIONAL VARIANCES), COMPREHENSIVE
PLAN AMENDMENT FOR TOWN SQUARE PROJECT
City Planner Mark Koegler explained that all three action items
are related. He then presented the exhibit and explained the
project.
REZONING
He explained that the project requires the rezoning of the
northeast corner of the property from R-3 to B-1. The single
family residence located on the R-3 parcel would have to be
removed making the property available for commercial development.
The Mayor asked if the Council had any questions. There were
none. The Mayor opened the Public Hearing and asked if there was
anyone present who wished to speak for or against the rezoning.
There were no comments. The Mayor closed the Public Hearing.
21
February.12, 1985
The City Attorney recommended that no action be taken on this
item at this time and the Council go on to the next public
hearing on the Conditional Use Permit.
CONDITIONAL USE PERMIT
The City Planner explained that under the current ordinances a
drive-in bank facility is considered a conditional use in the B-1
zone. -There are also performance standards in the ordinance and
the proposed bank location is not consistent with those in the
following areas:
1. Under the ordinance, drive-in facilities are prohibited
within 400 feet of churches. The existing church is
within approximately 300 feet of the proposed drive-in
bank. Thus requiring a 100 foot variance.
2. The performance standards state that loudspeakers shall
not be located within 400 feet of any residentially zoned
property or with 200 feet of any adjacent lot. As
proposed, loudspeaker locations would fall within 255
feet of the adjacent church lot, approximately 86 feet
from the lot across the street and within 320 feet of the
R-3 zoning property along the eastern side of the Town
Square site.
He further stated that. is it very unlikely that the location of
the bank or use of the loudspeakers will negatively impact any
neighboring parcels. However, the site plan will require a 114
foot variance ~to the.provision regulating the distance to an
adjacent lot and an 80 foot variance from the required distance
to a residential use.
The Mayor asked if the Council had any questions. There were
none.
The Mayor opened the Public Hearing and asked if anyone have any
comments for or against the issuance of a Conditional Use Permit.
There were no comments. The Mayor closed the Public Hearing.
COMPREHENSIVE PLAN AMENDMENT
The City Planner explained that the Mound:Comprehensive Plan
designates the Town Square., parcel as commercial and residential
in concurrence with the existing zoning. Thus, approval of the
Town Square site plan will require an amendment to the City's
comprehensive plan. This amendment requires formal review by the
Metropolitan Council.
The City Attorney recommended that the Council deal with the
Comprehensive Plan Amendment first before taking action on .the
other items because Council approval of that and review by the
Metro Council must happen before Town Square can move ahead.
Peterson moved and Paulsen seconded the following resolution:
23
February 12. 1985
RESOLUTION X85-16 RESOLUTION TO AUTHORIZE SUBMITTING AN
AMENDMENT OF MOUNDS COMPREHENSIVE PLAN TO
THE METROLPOLITAN COUNCIL FOR REVIEW
Councilmember Paulsen asked if there was .going to be a
problem with ingress and egress at the bank. The City
Planner stated that he felt this will be worked out.
Councilmember Smith stated that he was not' on the Council
when this project was conceived and the TIF District was
setup so he has some questions about the project and TIF that
he knows cannot be answered tonight. The questions were:
- How may new jobs will be created by the project?
- Was a market impact study done?
- What is the breakeven point?
- Is there a market for this project?
- Was a study done on how non-subsidized businesses will
be impacted?
- What revenues will be generated?
Councilmember Smith further stated that he will have to vote
against this project because it is a tax increment district
and the public is taking the risk. He stated that at the
recent League Conference Legislator Moe stated that TIF is
risky for retail centers because of the possible property tax
reduction and because it should be used for industrial
development not retail centers. He continued that the State
Auditor has. stated that TIF is over-utilized and if the bank
and clinic will not put their money into the project why
should the citizens. It might have a negative impact on
other businesses in Mound.
Mr. Saul Smiley was present and explained that this project
has been 3 years in the making. The clinic, the bank, the
drug store. are existing businesses and John Bierbaum is
assuring that other retail shops will be in the center. He
stated that this project will be a good catalyst and will
enhance other businesses property values.
Mayor Polston stated that this project has been in the
planning for several .years and at the time it started not
alot was happening downtown. The Council had a choice to
either ignore the downtown area and do nothing which would
have caused downtown to continue to deteriorate or do
something which will enhance the values downtown and make
downtown desireable.
Councilmember Jessen stated that she is aware that other
cities have abused TIF but that Mound has only one
industrial area Tonka. and needs the TIF for the retail
center. She stated that she is sure the existing businesses
will make the center go.
24
February 12, 1985
Councilmember Paulsen stated that this has been a long and
tedious process and everyone, including Councilmember Smith:
had a chance months ago to give input on the project if they
wished.
Councilmember Smith stated that he was just urging caution
because he feels there may be major changes in legislation
that council affect TIF.
Councilmember Peterson asked the City Attorney if he knew of
any impending legislation that could affect TIF. The
Attorney answered that he was not aware of any at this point.
Councilmember Peterson stated that he has watched this TIF
plan develop and it has been a difficult process, but he has
confidence that Mound will progress and this will be a good
project for the City.
The vote in RESOLUTION 485-16 was four in favor with
Councilmember Smith voting nay. Motion carried.
Councilmember Jessen moved and Paulsen seconded a motion to
continue Item 2.A. Rezoning and Item 2.C. Conditional Use
Permit for Town Square to a future meeting. This will allow
time to submit the amended Comprehensive Plan to the
Metropolitan Council for their review and approval. The vote
was unanimously in. favor. Motion carried.
PUBLIC HEARING• CONDITIONAL USE PERMIT FOR TOWNHOMES. AT 5243_
X257, 5271 ~ 5285 EDEN ROAD, LOTS 21, 22. 23,
~ 24, BLOCK 2, SHIRLEY HILLS UNIT F
The City Manager explained that the applicant, Eugene G. Schlee,
would like to construct two four-unit townhouse structures in the
B-1 zoning district which requires a Conditional Use Permit. The
Planning Cam mission has reviewed the request and recommended
approval subject to six (6) conditions.
7
The Mayor opened the Public Hearing and asked if there was anyone
present who wished to speak for or against the issuance of a
Conditional Use Permit. No one responded. The Mayor closed the
Public Hearing.
Peterson moved and Smith seconded the following resolution:
RESOLUTION X85-17 RESOLUTION TO APPROVE A CONDITIONAL USE
PERMIT FOR CONSTRUCTION OF MULTI-FAMILY
STRUCTURES, TWO GROUPS OF FOUR ATTACHED
TOWNHOUSE UNITS IN THE CENTRAL BUSINESS
(B-1) ZONE IN THE 5200 BLOCK OF EDEN ROAD,
PID X13-117-24 34 0034/0035/0036/0037
The vote was unanimously in favor. Motion carried.
25
February 12, 1985
CASE #85=402: STEVE CODDON. 1721 DOVE LANE. LOT 6. BLOCK 11,
DREAMWOOD. LOT SIZE VARIANCE
The City Manager explained that the applicant is requesting a
2800 square foot lot size variance to remove an existing 609
square foot (plus or minus) structure and replace it with a
conforming single family dwelling. The zoning in the R-2
District requires a lot area of 6,000 square feet. City records
indicate the structure on the property has been vacant since June
of 1982. The 1984 property tax information sheet indicates that
the present structure on the property is valued at $100.00. The
Planning Commission recommended denial because it would require
granting a variance of almost 50~ of the lot size.
Mr. Coddon was present and explained that this was originally a
summer cottage built in about 1920. It has had additions and
extensions added to it and was used as a year round home from
1950 to 1976 by the original owner. Mr. Coddon recently
purchased it and originally wanted to fix it up enough to resell
it as a handyman's special. When he had the Building Inspector
over to look at it she suggested he tear it down and start over.
That is why he is here tonight asking to be allowed to tear it
down and replace it with a home the same size with a tuck under
garage. The cottage. has a full sewer assessment, water
assessment and street assessment. He stated there is no property
on either side to purchase to make the lot buildable.
Councilmember Smith asked what the value of the property is now.
Coddon replied X11,500. Smith asked w hat the new home value
would be. Coddon replied X60,000. Smith asked what the value
would be if he fixed it up and sold it. Coddon replied, in the .
$30,000 range. Mr. Coddon stated that if he were allowed to
build a new home it would comply with all setbacks and size of
home.
Councilmember Jessen asked Mr. Coddon if he was aware when he
purchased the lot that it was undersized. Mr. Coddon stated, yes
he knew it was undersized but that he only intended to repair it
when he purchased it. The Building Inspector stated that if Mr.
Coddon were to rebuild the .present structure he would have to
start from the foundation and go up. The building presently does
not have frost footings, is inadequately insultated, only had a
small space heater, wiring is bad, roof leaks, etc.
Mr. Coddon stated he would rather remove the present stucture and
replace it with a new home, but if he is not granted a lot size
variance, he is prepared to do only what is necessary to repair
it and resell it as a handyman's special.
Councilmember Peterson asked the City Attorney what the code
restrictions are in repairing a structure on a nonconforming lot.
The City Attorney stated that there are, several sections of the
ordinance which might apply to the situation. One states that
26
February 12, 1985
repairs (non-structural) can be done if the repairs do not
constitute more than 50~ of the fair market value of such
structure. Another section states that when a nonconforming use
of a structure or land is discontinued for 12 months, any future
use shall be in conformity with the provisions in the ordinance.
Mayor Polston reminded the Council that the request before the
Council is to tear the structure down and build a new home.
Mayor Polston moved and Peterson seconded a motion to refer
this matter to the staff to prepare a finding of fact for
denial of the lot size variance request.
Karen Holmberg, 1729 Canary Lane, submitted 2 petitions regarding
the structure at 1721 Dove Lane. The first read as follows:
"We the undersigned support the Mound Advisory Planning
Commission's January 14, 1985, ruling against Case No.
85-402 and are opposed to a lot size variance that would
allow a house to be built on ONE, ~0 x 80 lot at 1721
Dove Lane (Lot 6, Block 11, Dream wood) because this
variance would be in violation of Mound's 1981 Zoning
Ordinance which requires a minimum of 6,000 square feet
(TWO, 40 x 80 lots) in order to build a 2800 square foot
dwelling." Signed by 45 persons.
The other read as follows:
"We the undersigned would like to see the run-down,
abandoned structure (valued at $100) at 1721 Dove Lane
(Lot 6, Block 11, Dream w ood) condemned and removed as it
is a fire hazzard, health hazzard and unsightly "eye-
sore" to our lovely, lakeside community." Signed by ~l~4.
persons.
She also submitted pictures of the structure at 1721 Dove Lane
and a letter from Mr. & Mrs. Freidricks of 1709 Dove Lane stating
that the structure is unrepairable and should be condemned and
that it was their understanding that when the previous owner no
longer lived there, it would be condemned.
Mrs. Holmberg stated that she has done some: research and found
the at the water meter .was removed in 0`ctober of 1981 for
nonpayment of the bill and that the structure has been vacant
since April 1981 or almost 4 years.
The Mayor had a telephone call and turned the meeting over to
Acting Mayor Peterson.
The Building Inspector stated that in her opinion the cottage is
structurally unsound and should be condemned.
The vote on the original motion to refer to staff for
findings of fact for denial was 4 in favor with Mayor Polston
absent and excused. Motion carried.
Mayor Polston returned to the meeting.
27
February 12, 1985
REQUEST FOR APPROVAL TO BEGIN ACQUISITION ~ RELOCATION PLANS FOR
LYNWOOD BLVD. REALIGNMENT MSA PROJECT
The City Manager explained that we are now ready to proceed with
the acquisition and relocation part of the this project. He
submitted a proposal from Von Klug & Associates for a maximum of
X9,500.00 for acquisition services and $4,500 for relocation
services. These services will include working with the bakery
and the locksmith primarily.
Peterson moved and Jessen seconded the following resolution:
RESOLUTION #85-18 RESOLUTION TO AUTHORIZE THE CITY MANAGER
TO SIGN A CONTRACT (EXHIBIT "A") WITH VON
KLUG ~ ASSOCIATES FOR ACQUISITION AND
RELOCATION SERVICES IN AN AMOUNT NOT TO
EXCEED # 14.500. FOR THE LYNWOOD BLVD. MSA
PROJECT
The vote was unanimously in favor. Motion carried.
PROPOSAL FOR CURBSIDE RECYCLING PROGRAM
The Recycling Committee (Wendy Anderson, Jackie Meyer, Joyce
Nelson and Kathy Kluth) was present and explained their proposal
to the Council. Ms. Anderson stated that Hauler C in the
proposal has indicated that he would drop the fee per month of
the City Wide recycling from $1200/per month to X450/per month if
we had 40~ participation.
The City Manager stated that the Staff costs would probably be .
considerably lower than the amount in the proposal because we
would try to use Public Works to monitor the program.
Ms. Anderson stated that we should be able to get 80~ funding
from Hennepin County for this project, which would leave
approximately $7,405.81 to come from the General Fund or be
assessed back to citizens. !
Councilmember Jessen suggested cutting publicity costs by
cooperating with other organizations in the community who put out
calendars, etc.
Councilmember Smith asked what revenues would be generated by
this program. The Committee answered none, because the revenues
are taken by the hauler who intern reduces the hauling rates.
Councilmember Smith then asked if other communities who have
recycling programs were contacted to see if they were gaining
revenues. The Committee reported that they contacted
approximately 12 other communities andonly 1 was generating
revenues from the program. Delano, and they are only because all
their workers are volunteers from the community.
28
February 12~ 1985
Councilmember Smith stated that he felt this should be a self-
supporting program.
Councilmember Paulsen asked how the Committee thought they would
get the public enthused about recycling. Ms. Anderson stated
they had talked about som e amount of credit being given on sewer
and water bills.
Jackie Meyer stated that recycling is a necessity if we do not
want to be buried in garbage someday.
Councilmember Jessen stated that she is on Hennepin County's
Solid Waste Task Force and that the Metro Council is proposing
that there be no more landfill dumping by 1990 so she is glad we
are starting now to get prepared. She commended the Committee on
their work.
Councilmember Paulsen commended the Committee on their work and
stated that consumers must do something to conserve.
Mayor Polston stated that since Mound took the stand against a
landfill site when Minnetrista was being considered he is glad
to see we are trying to do something to conserve our resources
before it is mandated that we do something.
Paulsen moved and Peterson seconded a motion to accept the
Report of the Recycling Committee and authorizing the Staff
to refine costs determine a hauler and proceed to obtain
funding far this project. The vote was 4 in favor with
Councilmember Smith voting nay. Motion carried.
CITY INSURANCE PACKAGE
Insurance Agent Earl Bailey and Insurance Consultant Bill
Husbands were present and asked if there were any questions about
the cover letter from Mr. Bailey. The Council commended Mr.
Bailey on the thorough job of covering everything in his letter.
The quotes submitted were as follows:
The Hartford $117102
The Home ~ 92 X347
League of MN. Cities $103776
Nat' 1 Union ~ 1 ~+0 >240
The City Manager reported that we had budgeted $102000 so the
Home quote is within budget.
Paulsen moved and Peterson seconded the following resolution:
RESOLUTION #85-19 RESOLUTION TO APPROVE THE 1985 INSURANCE
PACKAGE FROM HOME INSURANCE IN THE AMOUNT
OF $92.347
29
February 12, 1985
The vote was unanimously infavor. Motion carried.
COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if there were any comments or suggestions from
the citizens present. There were none.
PROPOSED WINE IN GROCERY STORE LEGISLATION
Liquor Store Manager Joel Krumm was present and explained that
there is proposed legislation to allow wine in grocery stores.
He asked that the Council write a letter to Gen Olson and John
Burger urging them not to support this legislation. Reasons for
this would be not only because it would hurt the municipal liquor
store profits which are used for important community projects but
it would be difficult to monitor sales, especially to minors and
would allow wine to be sold at hours different from those allowed
in liquor stores.
The Council discussed this item in detail and agreed to oppose
the legislation.
Peterson moved. and Paulsen seconded a motion to direct the
City Manager to write a letter to our Legislators Gen Olson
and John Burger eupressing Mounds opposition to the sale of
wine in grocery stores. The vote was unanimously in favor.
Motion carried.
ANNOUNCEMENT OF MET COUNCIL MEETING REGARDING SEWER CAPACITY
The City Manager presented a letter from. the Metro Waste Control
Commission proposing a meeting for Thursday, February 21, 1985,
at 7:00 P.M, in the Mound City Council Chambers with the Metro
Council. This meeting will include the discussion of the sewer
capacity concerns of Mound and area communities. Spring Park,
Orono, and Minnetrista have also been invited. The Manager
encouraged all who could to attend.
PAYMENT OF BILL ALLIED PAINTING ~ RENOVATING
The City Manager explained that the 1st pay estimate in the
amount of X26,421.50 from Allied Painting and Renovating for the
1984 elevated tank restoration and improvements has been approved
by Hickok & Associates for payment. We will still retain 10~ for
reasons outlined in John Lichter's letter of January 8,1985.
Peterson moved and Jessen seconded a motion. to approve .the
1st pay estimate for Allied Painting ~ Renovating in the
amount of X26,421.50. The vote was unanimously in favor.
Motion carried.
30
February 12, 1985
SET DATE FOR 1985 BOARD OF REVIEW
Jessen moved and Peterson seconded a motion to set Tuesday.
May 28, 1985. at 7:00 P.M. in the City Hall Council Chambers
for the 1985 Board of Review. The vote was unanimously in
favor. Motion carried.
DOCK INSPECTOR'S CONTRACT
The City Manager explained that the only difference between this
contract and last years is that we will pay Mr. Rudolph $8.00 and
we will not pay his mileage.
Jessen moved and Peterson seconded the following resolution:
RESOLUTION X85-20 RESOLUTION APPROVING THE 1985 DOCK
INSPECTOR'S CONTRACT AS PRESENTED
The vote was unanimously in favor. Motion carried.
PAYMENT OF BILLS
The bills were presented for consideration.
Paulsen moved and Peterson seconded a motion to approve the
bills as presented on the pre-list in the amount of
5194800.01.. when funds are available. A roll call vote was
unanimously in favor. Motion carried.
SET DATES FOR PUBLIC HEARINGS
Jessen moved and Paulsen seconded a motion to set March 12~
1985, at 7:3.0 P.M. for a Public Hearing to consider a
Conditional Use Permit for a gas station/convenience store at
53XX Shoreline Blvd., PID #13-117-24 34 0061/0064 and part of
13-117-24 34 006 5 Super America. The vote was unanimously
in favor. Motion carried.
Peterson moved and Paulsen seconded a motion to set March 12.
1984. at 7:30 P.M. fo.r,a Public Hearing on Pelican Point
applications for rezoning from R-1 to R-4; height. setback
and parking stall size variances; conditional Use Permit
approval for a planned development area; preliminary plat
review and a comprehensive plan amendment for lands lying
generally easterly from Tuxedo Blvd. & southerly of~East Port
Road - PID #19-117-23 31 0003/0087/0088 and 19-117-23 42
0001. The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. LMCD Hearing Notices - Surfside Dock License and Boat Size
Limitations for Lake Minnetonka.
31
February 12~ 1985
B. Notice from Public Utilities Commission - Re Continental
rejection of rate increase..
C. Proposed LMCD Ordinances.
1. Prohibiting the Sale of Alcoholic Beverages on Lake
Minnetonka; Amending LMCD Code Section 4.~1.
2. Limiting the Size of Boats and Watercraft on Lake
Minnetonka Adding New LMCD Code Section x.021.
D. Metro Council Review - January 11~ 1985
January 25~ 1985
E. Chamber Waves for February. 1985.
F. Labor Market Information for January 1985.
G. Article from Mpls. Tribune regarding crosswalks.
H. AMM Newsletter from January.
I. Downtown Idea Exchange - January 15~ 1985
J. February Calendar
K. Clipping from Wayzata News January 18. 1985 regarding
municipal docks.
L. Story from ICMA Newsletter "Noah Builds an Ark in Decatur"
M. Ind. School Dist. 4277 Minutes of January 1~4~ 1985. .
N. Notice from Hennepin County - Re: Rip-Rap on Seton Channel
in 1985.
. 0. Memo Regarding IRB's.
P. Gambling Report from American Legion for December 31~ 1984.
Q. Wasteline - Met Council for January 1985;.
R. Minutes of Hennepin County Solid Waste Committee.
S. Notice from Citizens League.
T. Planning Commission Minutes from January 28> 1985.
Jessen moved and Peterson seconded a motion to adjourn at
10:05 P.M. The vote was unanimously in favor. Motion
carried.
'~~N~L1l( b~ ~~~ a 1, X f1 ~ ~
Fran Clark City Clerk Jo Elam City Manager
BILLS-------FEBRUARY 12, 1985
Air Comm 164.00 Feb radio contract
Burlington Northern 533.33 RR lease to 2/15
Henn Co. Treas 204.60 Spec assessmnt fee
Henn Co. Fire Chiefs 10.00 85 Dues
Henn Co. Chiefs of Police 20.00 85 Dues
Internatl Conf Bldg Officials 50.00 Application-Cert Exam
Lake Region Mutual Aid 10.00 85 Dues
Minn Comm 287.50 Annual pager rent
Metro Fone Communications 35.40 Feb pager rent
MN Crime Prevention Offic Assn 15.00 Dues-Harrell
Pitney Bowes 59.25 Postage Meter--3-6/85
Brad Roy 35.00 Reimb-eye glasses
Saliterman, LTD 1,070.63 Feb rent-Liq store
Xerox Corp 170.47 Feb pymt--Xerox 5600
2,665.18
Computer run
52,879.37
1o6,8g6.64
32,358.82
Grand Total 194,800.01