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 He then noted that-items ~~2 & ~~4 have been withdrawn from the Agenda and there would be an addition to the Agenda, a request to hook-up to Mound sewer by Jean McNeill.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