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1985-06-25126 June 25, 1985 MINUTES REGULAR COUNCIL MEETING JUNE 25, 1985 The City Council of Mound, Hennepin County, Minnesota, met in regular session on June 25, 1985, at 7:30 P. M. in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Acting Mayor Russell Peterson, Councilmembers Phyllis Jessen, Gary Paulsen and Steve Smith. Mayor. Polston was absent and excused. Also present w ere: City Manager Jon Elam, City Attorney Jim Larson, City Engineer John Cameron, City Planner Mark Koegler and City Clerk Fran Clark; and the following interested citizens: Jeff Borns, Bill Gilbertson, Tom Ptacek, Clyde Wallin, Emily Braaten, Cheryl Grand, H. R. Van Zanten, Larry Connelly, Jr., James Bedell. Acting Mayor Peterson opened the meeting and welcomed the people in attendance. The Minutes from the June 11, 1985, Regular Council Meeting were presented for consideration. Councilmember Smith stated that he would like page 113, the last sentence in the first paragraph to be amended. There was discussion on how. it should be amended. The following was decided by the Council, delete the last sentence and insert the following: 'rThe plans dated May 15, 1985, labeled A-1 and A-2, which include only the 3 changes as referred to in the Minutes of the May '21, 1985, Meeting, are now incorporated into_the resolution.~~ MOTION made by Councilmember Paulsen, seconded by Councilmember Smith to approve the Minutes of the June 11, 1985, Regular Meeting, as amended above. The vote Was 4 in favor with Mayor Polston being absent and excused. Motion carried. The Minutes from the June 11, 19$5, Reconvened Board of Review were presented for consideration. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to approve the Minutes of the June 11, 1985, Reconvened .Board of Review as presented. The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. 127 June 25, 1985 PUBLIC HFARING• DELINQUENT UTILITY BILLS FOR JUNE The City Manager stated that the reduced delinquent figure is now $2 , 492.84 . Acting Mayor Peterson opened the Public Hearing and asked if there was anyone present who wished to speak with regard to a delinquent utility bill. JEFF BORNS, owner of 3136 Westedge Blvd. stated that his tenant had not paid the bill and was responsible for it. The Council explained to Mr. Borns that the utility bill for sewer and water stays with the property and he would have to take his tenant to court to collect the bill, but in the meantime if he did not want the water shut-off he would have to pay the delinquent amount of $143.42• Peterson moved and Jessen seconded the following resolution: RESOLUTION #85-76 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $2,492.84 AHD AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE FOR THOSE ACCOUNTS The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. H The City Manager explained that the applicant is applying for a variance to allow the construction of a 380 square foot, 24 foot by 16 foot addition to the dwelling with sideyard setbacks of between 9 to 13 feet to the west property line. The existing structure has a nonconforming 13.67 foot setback at the closest point to the front property line. `This property has road on 3 sides. The Planning Commission has recommended approval due to the shape of the lot and the addition will allow the owner to bring the floor area of the dwelling up to the minimum allowable. Paulsen moved and Smith seconded the following resolution: RESOLUTION #85-77 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SETBACK FOR LOTS 1 & 2, BLOCK 10, THE HIGHLANDS, PID #23-117-24 42 0043 The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. 128 June 25, 1985 CASE #85-427: JAHES E_ BEDELL, FOR LOT 8, BLOCK 1~ SHADYWOOD POINT, LOT WIDTH ~ AREA VARIANCE The City Manager showed the Council a map that was done on the properties in Shadywood Point. In Block 1 there are 10 parcels of property. Of those 10, 6 are nonconforming in lot area and width for the R-1 zoning. Of the 68 parcels in the area at the end of the point which are R-1 , 36 are nonconforming in lot area or lot width, and 32 are conforming. The Planning Commission recommended approval. Mr. Bedell was present and stated that he feels this property meets all 6 criteria for obtaining a variance as stated in Section 23.506.1 of the Zoning Ordinance. Councilmember Jessen stated that normally she w ould not vote for this variance, but in looking at the lots around this one it would appear that a variance should be granted for conformity. She indicated that the zoning of R-1 may be incorrect for this area. Councilmember Peterson stated that he is not for this variance because it is 27~ and could seta precedent. He stated he felt we need to be consistent in rulings on variances. He then asked Mr. Bedell how long he has owned this lot. Mr. Bedell stated not that long. Mr. Bedell further stated that the house on Lot 9 was built in 1979 and was granted a variance in area just as he is asking for. He stated he has talked to the surrounding neighbors and they. do not care if he builds on this lot. There was discussion on rezoning this area of Shadywood Point so that it is in conformity with the dwellings that exist. R-1 at 10,000 lot area and a 60 foot lot really does not fit where the lots are almost all 50 feet wide and less than 10,000 square feet. So it was felt that the area should be looked at for rezoning because it may have been incorrectly zoned to begin with. Councilmember Peterson stated that he would support a rezoning before supporting this variance. Smith moved and Jessen seconded the following resolution: RESOLUTION #85-78 RESOLUTION TO APPROVE A VARIANCE IN LOT WIDTH AND AREA FOR LOT 8, BLOCK 1, SHADYWOOD POINT, PID #18-117-23 31 0002 (200 SHOREWOOD LANE) The City Attorney stated that he thinks findings for granting the variance should be incorporated in the resolution. The Council agreed to the following being incorporated into the resolution: 1. Exceptional or extraordinary circumstances due to existing sites in close proximity to it. 129 June 25 , 1985 2. Out of the 60 some parcels in that area, 30 some are either nonconforming in lot area or are nonconforming in lot w idth. 3. The adjoining property had a variance approved in 1979. 4. The variance requested is the minimum variance which would alleviate the hardship. 5. That special conditions or circumstances do not result from the actions of the applicant. 6. The applicant will adhere to all setbacks when building. NOTION made by Councilmember Jessen, seconded by Councilmember Smith to add the findings above to the proposed Resolution #85-78• The vote Was 3 in favor with Councilmember Peterson voting nay and Mayor Polston being absent and excused. Motion carried. The vote on the original Resolution #85-78 was 3 in favor with Councilmember Peterson voting nay and Mayor Polston being absent and excused. Motion carried. MOTION made by Council member Smith, seconded by Councilmember Jessen directing the Planning Commission to look at the area on Shadywood Point which is zoned R-1 and see if it should be rezoned to R-2 to be more in conformance with the lots that exist. The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. CASE #85-428: RICHARD ~ JOAN AHMANI~ 2017 ARBOR LANE, LOT ~,. SKARP ~ LINDQUISTtS RAVENSWOOD, VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SETBACK The City Manager explained that the applicant has applied for a variance to allow structural alterations, an attached 23 by 24 foot, and a roof line change. The existing structure has a setback to the side yard of 3 feet. The Planning Commission has reviewed the request and recommends the variance to recognize the existing nonconforming side yard setback upon the condition that a registered land survey be submitted prior to the construction of the garage addition. Paulsen moved and Smith seconded the following resolution: RESOLUTION #85-79 RESOLUTION RECOGNIZE SETBACK FOR RAV ENSH OOD, ARBOR LANE) TO APPROVE A VARIANCE TO AH EXISTING NONCONFORMING LOT 3, SKARP & LINDQUIST~S PID #13-117-24 41 0002, (2017 The vote was 4 in favor with Mayor Polston adsent and excused. Motion carried. 130 June 25, 1985 CASE #85-429- HAROLD R VAN ZANTEN} 2001 LAKESIDE LANE, LOT 1~.,. BLOCK 10, SHADYWOOD POINT, SIDE YARD VARIANCE & RECOGNIZE NONCONFORMING SETBACKS The City Manager explained that a variance has been applied for to allow the construction of a 20 foot by 25 foot, 10 inch deck and porch addition to the dwelling with side yards of 6 feet and front yard of 24 feet. The Planning Commission has recommended approval. Jessen moved and Paulsen seconded the following resolution: RESOLUTION #85-80 RESOLUTION TO APFROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SETBACK FOR LOT 13, BLOCK 10, SHADYWOOD POINT, PID #18-117-23 32 0022, (2001 LAKESIDE LANE) The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. BEACHWOOD ROAD POND REPORT - JOHN CAMERON The Gity Engineer explained that the existing storm sewer system, which discharges into the pond in question, was constructed as part of the 1978 Street Improvments. Upon completion of this system a significant difference was noted in the high water elevation of the pond after heavier rains. Ta eliminate that problem a 12" overflow storm sewer was installed from the existing catch basin in Beachwood through an easement on the John's property to Lake Langdon. If the overflow is working the pcnd should stay at a fairly constant level, with only heavy rains or quick thaws causing it to raise, but the level should recede fairly fast. This Spring debris was restricting the flow s though the catch basins to the overflow pipe, when the water tower was emptied. It has since been cleaned out and the water receded to the elevation of the overflow pipe. Residents Jerry Kust, Roland Flugum and Tom Ptacek were present and all agreed that a 1 inch rain causes a 4 to 6 inch rise in the pond and it takes 2 days to drain dow n. They further stated that the pond never rose to this level until the storm sewer was put in and there was no outlet at that time. Mr.Flugum stated that Rustic and Garden used to run down to Lake Langdon and since the roads were put in, it drains to the pond. There was discussion on the elevations and possible damage to property in the area of the pond. The residents stated they would like to see a level of 966.7 maintained for the pond. 131 June 25 , 1 985 The City Engineer stated that the only sure method of maintaining a lower level in the pond and to assure no flooding even in a 100 year storm would be to lower the overflow pipe in the pond. This would involve relaying the pipe from the pond to a point on the John property where the grade breaks and slopes steeply to Lake Langdon. Their estimate for the cost of this is $19,000. MOTION made by Councilmember Paulsen, seconded by Councilmember Peterson directing the City Engineer to continue to study this, see if there are other options to alleviate the problem and get costs of those options. The vote was 4 in favor with Hayor Polston absent and excused. Motion carried. PAISLEY ROAD EXTENSION REPORT The City Engineer reported that they now have figured that the cost for installing sewer and water, extending Paisley Road would be estimated at $29,000. Mr. Forystek has proposed that the City pay the cost of replacing the last 60 feet of the existing street including engineering costs or approximately $4,600. The remainder of the development cost of approximately $24,200. would be paid 50~ in cash by the developer and 50~ assessed back to the property. The City Engineer recommends that the City pay for reconstructing the existing portion of Paisley Road, but Mr. Forystek should be responsible for all engineering costs associated with the project because if it were not for his project the street would remain the same. The City Attorney stated that the City cannot proceed on this project until it has a petition from 100 of the property owners to be assessed asking for this improvement. That petition would then be validated by the City Attorney and then the project could proceed. Mr. Forystek asked if he could hire his own engineer and contractor to do this project. The City Attorney state yes, but he would have to abid by all the specifications of the City. The Council took no action on this item. SET DATES FOR CITY COUNCIL BOAT AND BUS TOURS IN JULY MOTION made by Councilmember Jessen, seconded by Councilmember Peterson to set July 16, 1985, at 6:30 P.H., for a boat trip to view the City Commons areas, etc., boat will leave from the Hound Bay Park Dock; and set July 30, 1985, at 6:30 P. M. for a bus trip around the City to look at certain problems, etc., bus will leave from City Hall. The vote was 4 in favor with Mayor Polston absent and excused. Notion carried. 132 June 25, 1985 GES~~QNS FROM C Acting Mayor Peterson asked if there was anyone present who wished to address the Council. Ms. Emily Braaten, 2001 Arbor Lane, was present and stated that she is having a terrible problem with number of geese that have invaded her property. The clean-up is more than she can handle as an older person. She stated she would like the City to move the geese somewhere else. The City Clerk reported that she has spoken to the DNR and the University of Minnesota. They have no crews available for this year to move the geese and they felt the geese would be gone in another week, when they get their feathers. The University does have a program that the City could get into, but it would cost the City $2,000 to $3,000 the first year and approximately $500 per year after that to control the population of the geese. It is too late this year to get into this program as their crews are already scheduled. The Council sympathsized with Ms. Braaten's problem, but stated the City does not have the personnel to handle this. They decided to consider the. expense to control the goose population when the Budget is considered. The City Attorney stated that he has seen plastic swans set in yards that scare the geese away and suggested that Ms. Braaten try that. Mr. Richard Ahmann, 2017 Arbor Lane, stated that he had seen the City Manager's article in the paper on the Burlington Northern abandoning the rail line and suggested that the Council take a look at the area near Edgewater Drive where the railroad comes thru for rezoning from B-2 to R-3 for a condominium project. 0 The Council thanked the citizens for their input. REQUEST FOR "NO PARKING" SIGNS ON SUNRISE LANDING The City Manager stated that Mr. Carl Anderson of 1754 Shorewood Lane has reQuested that the City install "No Parking" signs on each side of his driveway off of Sunrise Landing so that people using the landing would not block his driveway. The Council discussed this and decided that Mr. Anderson should probably have been required to have his driveway come off of Shorewood Lane when the street project was done and that it would not take that much for him to have one installed. This would also leave the landing for what it was intended which is a place for people using the access to park or launch boats. 133 June 25, 1985 MOTION made by Councilmember Jessen, seconded by Councilmember Paulsen to deny the request of Mr. Carl Anderson, 175 Shorewood Lane, to install "No Parking" signs on each side of his driveway off of Sunrise Landing. The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. Ot1nTATTONS FOR REPAIR OF STREET DAMAGE CAUSED BY HATERMAIN BREAKS The City Manager reported that the City has received two quotations for the repair of streets damaged because of watermain breaks. They are as follows: Buffalo Bituminous $ 9,820.25 Preferred Paving $ 15,401.88 The Staff is recommending Buffalo Bituminous be awarded the job. MOTION made by Councilmember Peterson, seconded by Councilmember Jensen to approve the bid of Buff alo Bituminous in the amount of $9,$20.25, for repairing the streets (Highland Blvd. and Hazelwood Lane) damaged by the Watermain breaks. The vote was ~+ in favor with Mayor Polston being absent and excused. Motion carried. AFT DATE FOR PUBLIC HEA RING - ZONING AME NDMENT TO A LLOT ACCESSORY APARTMENTS The City Manager explained that the Planning Commission has been working on this for about 6 months and has not yet come up with anything. Mr. Kevin Norwood, the applicant who spawned this discussion is still using an area in his home for an accessory apartment. The Building Inspector is still getting complaints from various areas of the City that people are using single family dwellings and renting accessory apartments. She would like some direction from the Council. The City Planner stated that there is no official policy on accessory apartments and the question should be dealt with. MOTION made by Councilmember Smith, seconded by Councilmember Paulsen to set July 23, 1985, at 7:30 P. M. for a public hearing to consider a zoning amendment to allow accessory apartments in residential zoning districts. The vote was ~ in favor with Mayor Polston absent and excused. Motion carried. SAC CHARGES ~ UNIT CHARGES FOR CHAPMAN PLACE The City Manager explained his memo to the Council, dated June 17, 1985, regarding MWCC SAC charges and the City unit charges, pointing out that these are two separate and different charges totally. MWCC SAC charges go directly to the Metro Waste Control Commissian to help finance future sewer capacity. The City's 13~ June 25, 1985 unit charges are used to cover the were not assessed unit charges assessment program, and the funds go cover future capital improvements. capital cost of people who under the original sewer into the Sewer Fund to help The developer for Chapman Place, Mr. Prokasky, is trying to mix the two up in order to not have to pay the City~s unit charges. The Surfside is deficient in unit charges by 18. 18 times the City unit charge of $292.00 equals $~,96~.00, which he has paid but wanted the Council to decide if he had to pay this or if he coul d use the MW CC's SAC credits against the amount owned for the City 's unit charges. The Council discussed this and agreed that the two charges are completely different and separate. MOTION made by Councilmember Jessen, seconded by Councilmember Paulsen to deny the request of the developer for Chapman Place to use the MWCC SAC credits to pay the City's unit charges. The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. BEQUEST TO RELEASE FOR PRIVATE SALE TO ADJOINING PROPERTY OWNERS LOTS 1~ ~ 14, BLOCK 20~ AND LOT 1, BLOCK 20,a SHADYWOOD POINT The City Manager explained that these three Lots have been a dumping ground for the neighborhood for years. They would need a drainage plan if they were to be developed. He stated that he sent a letter to all the neighboring properties asking what they would like to see done with these lots or if they preferred to keep them as a dumping ground. Two persons responded to the letter and are interested in purchasing them and combining them with their property. The City could release these lots for private sale to adjoining property owners, but retaining a drainage easement or requiring a drainage plan if they were ever developed. ` Faulsen moved and Peterson seconded the following resolution: RESOLUTION #85-81 RESOLUTION RECONVEYING (IF NECESSARY) CERTAIN TAX FORFEIT LANDS BACK TO THE STATE AND REQUESTING THE COUNTY BOARD TO IHPOSE CONDITIONS ON THE SALE OF SAID TAX FORFEIT LANDS TO RESTRICT THE SALE TO OT~NERS OF ADJOINING LANDS The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. PAYMENT OF BILLS The bills were presented for consideration. 135 June 25, 1985 MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to approve the payment of bills as presented on the pre-list in the amount of $80,188.74, when funds area available. A roll call vote was 4 in favor with Mayor Polston absent and excused. Motion carried. The City Planner presented the plan for the downtown beautification program which will be paid for from CDBG funds. He had obtained the following quotations for the trees and shrubs for this program. Otten Bros. Nursery $7,749.60 Halla Nursery $7,883.00 There would also be a cost of $139.20 from Earl F. Anderson & Associates for the appropriate signs and poles. He is recommending approval of the Otten Bros. quotation and the Earl F. Anderson & Associates cost of $139.20. Jessen moved and Paulsen seconded the following resolution: RESOLUTION f$5-82 RESOLUTION TO APPROVE THE PLAN FOR THE DOidNTOiiN BEAUTIFICATION PROGRAM AND THE QUOTATIONS FROM OTTEN BROS. NURSERY AND EARL F. ANDERSON ~ ASSOCIATES TO BE PAID FROM CDBG FUNDS The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. SF"P DATE FOR PUBLIC HEARING FOR CONDITIONAL USE PERMIT FOR MANU- FACTURING VARIOUS PLASTIC PRODUCTS AT 5340 SHORELINE BLVD , PID # 1 ~-117-24. 34 0066 The City Manager explained that C.R. Manufacturing has now appeared before the Planning Commission and the Commission has recommended approval of the Conditional Use Permit to allow C.R. Manufacturing to manufacture various plastic products in part of the old Tonka Building. Because of publication deadlines, it could be the end of July before they would be on the Council Agenda for a public hearing unless the Council sets a special meeting. C.R. Manufacturing has to be out of their present building and in a new location by August 1, 1985. MOTION made by Councilmember Peterson, seconded by Councilmember Jessen to set July 11, 1985, at 7:30 P. M. for a public hearing to consider a Conditional Use Permit to allow manufacturing of various pastic products at 5340 Shoreline Blvd., PID X13-117-24 34 0066. The vote was 4 in favor with Mayor Polston absent and excused. Motion carried. Councilmember Paulsen asked the Planner if there has been any study done on allowing 1 Conditional Use Permit far the entire 136 June 25, 1985 Tonka Plant. The Planner stated yes, and that it is in the form of an amendment to the PIA of the Zoning Code and is in the Councilts packet on page 1572 and 1573. He further stated that it is becoming common practice in most cities and it will still give the Council the right to approve of alI business allowed in the building. A. Alcohol in Parks, news article - The City Manager asked the City Council if they wished to continue the policy of allowing alcohol in the Depot Building at Mound Bay Park. The City insurance agent has been unable to get the City insurance to cover citizens having alcohol in the Depot which then puts the burden on the citizens having to have their insurance agent extend their homeowners insurance to cover them for dram shop for that day and name the City as additional insured. This, to alot of agents, is difficult, if not impossible. The Council discussed this item and decided that if people want to have alcohol in the Depot, they would have to provide insurance. ' CC LAKE ANN VS The City Manager handed out materials covering the. above from a meeting he attended this week. He stated that the MWCC recommends the gravity sewer line (Lake Ann) and the Metro Council Staff recommends the Lake Virginia forcemain. The gravity line is much more expensive and he stated he will follow this to try to make sure that Mound residents do not end up paying more than they should. METRO TRANSIT LETTER DATED JUNE 18, 1985 The City Manager stated that he has received a letter from the Metro Transit Commission stating that they are recommending that Mound would no longer have Route 51 service to downtown Minneapolis. Instead Mound would be served by a new Route 75 which would operate express service during the peak periods via the express lanes on Highway 12. During off-peak times, Route 75 would provide local service between Mound, Orono and Wayzata. They feel improved connections between express and local buses at Wayzata would be provided using timed-transfer techniques. Unfortunately they notified us of a public hearing on this only two days ago. The City Manager will monitor and keep the Council informed. FLSA-(FAIR LABOR STANDARDS ACT) The City Manager submitted a report from the ICMA on the Fair Labor Standards Act for the Councils review and study. It will be discussed further at another time. 137 June- 25, 1985 B. Proposed new ordinance. amendment to cover the Tonka Building. C. Notice of hearing at Planning Commission - June 24, 1985. D. Industrial Revenue Bond status report for Balboa. E. Minnehaha Creek Watershed District - Agenda - June 20, 1985 Minutes - May 16th & 23rd F. Official notice of Contel Phone rate increase. G. Notice of Burlington Northern intent to abandon railroad line thru Mound. H. News clipping from Wall Street Journal. I. Letter from Hennepin County regarding CSAH 15 Variance Hearing. J. Twin Cities Labor Market Information for June. K. Update on sewer allocation between Westonka are cities. L. Evaluation report for replacement of the Shorewood II Interceptor (Lake Virginia/Lake Ann). M. MWCC Budget hearing notice. N. Solid waste resource vendor letter - Hennepin County. 0. Tax exempt bond meeting. P. Ehlers & Associates newsletter. Q. Letter from Meto Council regarding Highway 7. R. Chamber Waves - June. S. Met Council water policy statement. Councilmember Smith asked that the Building Inspector take the plans that were originally submitted for the Conditional Use Permit in November or December 1984, and the plans, A-1 & A-2, that were incorporated into the resolution this last month and compare the two, listing all the differences between those plans. The City Manager stated that she would do this and set a tim e with Councilmember Smith when they could get together and go over these differences. NOTION made by Councilmember Paulsen, seconded by Gouncilmember Smith to adjourn at 10:30 P. M. The vote was ~ 138 June 25, 1985 in favor with Mayor Polston absent and excused. Motion carried. ~~~ n Elam, City Manager ~J\r,~rn t ~.~Ow~ T Fran Clark, City Clerk BILLS---------JUNE 25, 1985 Batch 854056---Computer run dated 6/13/85 Batch 854062---Computer run dated 6/19/85 Batch 854063---Computer run dated 6/20/85 TOTAL BILLS 4,591.71 52,648.72 22,847.31 80,188.74 -1 ~~ E