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1987-08-11134 August 11, 1987 MINUTES - MOUND CITY COUNCIL - AUGUST 11, 1987 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 11, 1987, at 7:30 P.M. in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Don Abel, Liz Jensen,. Phyllis Jensen and Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr., City .Clerk Fran Clark, City Attorney Curt Pearson, City Planner Mark Koegler, Building Offi- cial Jan Bertrand and the following interested citizens: Kurt Berglund,. Eric Berglund, Gary Brown, Tim Miller, Mark Lundgren, Mark Luger, Theodore Luger, Allen Shay, Gay Hofteig. The Mayor opened the meeting and welcomed the people .in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION made by Abel, seconded by Smith to approve the ®inutes of the July 28, 1987, Regular Meeting, the August 3, August 4, 1987, and the August 8, 1987 Special Meetings, as presented. The vote was unanimously in favor.. Motion carried. PUBLIC HEARING: PROPOSED ZONING MAP AMENDMENT TO CHAN6E__THE ------------- ZONING OF A PORTION OF .BLOCKS 1 AND 11L LL 0 BLOCK 2~ALL IN SETON_ADDITION~FROM R-4 MULTI- FAMILY RESIDENTIAL TO R_2~SIN6LE FAMILY RESIDENTIAL~CASE #87-641 The City Planner explained the request. The Staff recommends ap- proval of the rezoning subject to the following conditions: 1. The Rezoning and Comprehensive Plan Amendment shall include all of the R-4 designated land along Kildare Road. 2. The City Engineer shall review the proposed lots to ensure that the provision of streets and utilities is feasible. 3. Lots shall front on an approved public street prior to the issuance of building permits. 4. Review of the "Lot of Record" status by the City Attorney. The Mayor opened the public hearing. 135 August 11, 1987 Kurt Berglund, representing the applicant, stated he is in favor of the rezoning because it will eliminate a spot zoning area. and will be reducing the density. The Mayor closed the public hearing. Abel moved and Jensen seconded the following: ORDINANCE #6 AN ORDINANCE REZONING CERTAIN LANDS FROM MULTI-FAMILY RESIDENTIAL (R-4j TO SINGLE FAMILY RESIDENTIAL (R-2) The vote was unanimously in favor. Motion carried. PUBLIC HEARING: APPLICATION FOR A REYISION OF CONDITIONAL USE ___~~ PERMIT TO ALLOW ON SITE OPEN STORAGE 5300-.5340 SHORELINE .BLVD., PID #13-117-24.34 0076 (CASE - on~~~n nn vv. The City Planner explained that Balboa is proposing to establish a 4900 square foot trailer short term parking area along the west end of the parking lot on the north side of the building. They would install a five foot wide concrete pad to handle the load. The area would have a capacity of 12 trailers, all of which would be backed up to one another for security purposes. The Planning Commission recommended approval with the following conditions: 1. All existing construction debris within the area shall be removed immediately. 2. Dust-free surfacing in the trailer parking area shall be maintained at all times. 3. Prior to issuance of the Conditional Use Permit, Balboa Min- nesota shall submit a landscaping plan showing screening along Lynwood Boulevard for review and approval by the City Planner. 4. Trailers and trucks within the parking area and on the remaining Balboa property shall be directly involved with tenant businesses. 5. No trailers shall be allowed to remain parked on the site for longer than 30 days. The Mayor opened the public hearing. 136 August 11, 1987 Allen Shay, 5348 Lynwood Blvd. complained about the following: some of the trailers there at the present have been there for 6 months; there is debris sitting around;. there is a lot of noise from dropping trailers during the night and early in the morning; in the winter the trucks leave. their motoring idling for long periods of time; the grass is .not mowed. Gay Hoftieg, 2216 Noble Lane, agreed with Mr. Shay. Mark Lundgren, representing Balboa MN., stated that this short term truck parking area is needed-or they could lose Toro and C R Mfg. as tenants. He stated they are working on the cleanup of the area. He stated he agrees with the 5 conditions the Planner had outlined. The Council discussed Mr. Shay' complaints and decided to add the following conditions to the 5 a]ready proposed: 1. Keep the area trash free. 2. Restrict the hours for activity in the truck parking area- from 7:00 A.M. to 10:00 P.M. 3. Have the landscaping to screen the site from the residential area completed within 60 days of the date of this resolu- tion. Smith moved and Jessen seconded the following resolution: RESOLUTION #87-145 RESOLUTION TO CONCUR PITH THE PLANNING GOMMISSION TO APPROVE A REVISION TO THE CONDITIONAL USE PERMIT GRANTED TO BALBOA MN~. CORP. IN RESOLUTION 85-87, SUBJECT TO CONDITIONS The vote was unanimously in favor. Motion carried. ASE #87-654: JIM LUGER. 6195 SINCLAIR LANE, LOT 6, BLOCK 17 The City Planner explained that approval of the request would require the granting of 5 variances. He then pointed out that under the ordinance Mr. Luger could add either attached bedroom space and an attached garage to the existing structure or could add attached bedroom space and a new detached garage without any variances. The Planning Commission and the Staff recommends denial because the proposed variances do not meet the Criteria for Granting Variances found in Section 23.506.1 of the Zoning Code. 137 August 11, 1987 Mr. Mark Luger stated that there are other properties on the block who have garages with apartments over them. The Planner explained that these are also nonconforming uses and if they were destroyed by a natural disaster they would not be allowed to be~ rebuilt. The Planner also stated that originally the applicant had applied for a Conditional Use Permit for this item and he should have ap- plied for a variance. The difference in the fee is .$150.00 which should be approved by the Council for refund. NOTION made by Johnson, seconded by Abel .to deny the request for a variance on Lot 6, Block 17, The Highlands and to refund $150.00 to the applicant. The vote was 4 in favor with Mayor S®ith voting nay. Motion carried. CASE #87-631: DONALp LOBDELL, 3367 WARNER LANE, LOTS 1 AND. The Planner explained that in May the Council asked that the proposed resolution address the factual findings to allow a variance. After extensive review by the Planner and the City At- torney, they are recommending denial of the variance and a refund of the variance application fee because the sole purpose for granting this variance is for an economic reason which is not valid to sustain the hardship test. The Planner and the City Attorney are also recommending that in future applicable variance applications that the proposed lan- guage in Exhibit 2 be used for the resolution. The City Attorney suggested that the 4th and 5th Whereas' be inserted after the "Now, therefore, be it resolved" paragraph. The Council agreed. MOTION made by Jensen, seconded by Jensen to deny a variance request at 3367 Warner Lane (Case #87-631) and refund the variance application fee of $50.00 to Donald Lobdell. The rote was unanimously in favor. Motion carried. EXTERIOR STORAGE ORDINANCE DISCUSSION The City Planner reviewed the proposed draft of the exterior storage section of the Zoning Ordinance as modified by the Plan- ning Commission. The Council discussed the following: 1. The number of pieces of equipment allowed. 2. The items included in the definition of recreation equip- ment. 138 August 11, 1987 3. Front, side and rear yard setbacks. MOTION spade by S®ith, seconded by Johnson to set Tuesday,.. September 8, 1987, at 7:30 P.M. for a public hearing on the exterior storage section of the Zoning Ordinance. The vote was unanimously in favor. Motion carried. COMMENTS ~ SUGGESTIONS FROM CITIZENS_PRESENT Tim Miller, 3149 Inverness Road, complained that he cannot park his bobtail trailer at his home according to the Zoning Or- dinance. The Planner stated that most communities do not allow this. ORDINANCE REGARDING COMPLIANCE OFFICIALS The City Attorney explained the reason for this ordinance. Johnson moved and Jensen seconded the following: ORDINANCE #7 AU ORDINANCE ADDING SECTIONS 250:25, 230:55 AND 210:20 TO THE CITY CODE, ADDING SPECIFIC AUTHORITY FOR CITY CODE ENFORCEMENT OFFICIALS TO ISSUE CITATIONS IN LIEU OF ARREST OR DETENTION The vote was unanimously in favor. Motion carried. APPOINTMENT OF ELECTION JUDGES Jensen moved and Abel seconded the following resolution; RESOLUTION #87-146 RESOLUTION APPOINTING ELECTION JUDGES . AS RECOMMENDED FOR THE SPECIAL REFEREN- DUM ELECTION SEPTEMBER 29, 1987 The vote was unanimously in favor. Motion carried. PROPOSED PUBLIC WORKS FACILITY SITE The Council explained that due to opposition by the business com- munity, they have decided to delete the Bickmann site and the preparation of that site for outdoor storage of materials from the proposal. The outdoor storage of materials will remain at the Lost Lake site for now. This will reduce the cost of the proposed facility to $790,000. The City Manager explained that along with the cost amendment to the Resolution #87-110 the Council will need to change a polling 139 August 11, 1987 place. Precinct #6 is generally the Hennepin County Library, but the Library is holding its annual book sale so the Precinct #6 polling place will be at Westonka Community Services, 5600 Lyn-. wood Blvd. Smith moved and Abel seconded the following resolution: RESOLUTION #87-147 RESOLUTION AMENDING RESOLUTION #87-110 The vote was unanimously in favor. Motion carried. The City .Manager then stated that he has an 0_ption Agreement for the Riley Bus Garage. The price will be $172,000, plus the spe- cial assessments for a total of $178,000. MOTION ®ade by Jensen, seconded by Johnson to authorize the Mayor and city Manager to enter into an Option Agreement to purchase PID #13-I11-24 33 0030 .(Lot 12, lying east of the road, and Lots 13, 14, and 15, Koehler's Addition to Mound, Lake Minnetonka, according to the .duly recorded plat thereof) from James A. Riley, for $172,000, plus. the special assess®ents. The rote was unanimously in favor. Motion carried. PAYMENT_OF BILLS MOTION made by Abel, seconded by Jensen to approve the pay- vent of bills as presented on the pre-list, in the avount of ;131,151.41, when funds are available. INFORMATION/MISCELLANEOUS A. Monthly Reports for July as prepared by the Dept. Heads. B. Notice from the Board of Hennepin County Commissioners about a Vacancy on the Minnehaha Creek Watershed District Board. The City Manager stated that now there are two vacancies on this board. The Council discussed having publicity put in the newspapers asking that anyone interested in serving send in a resume and letter of interest. Mayor Smith stated he would also ask at the Mayor's Meeting on September 12, if there are any candidates from other cities in the area. C. Notice from Dowden Cablesystems regarding a restructuring of their services, increasing rates and adding new services. D. Notice-from AT&T regarding changes in their rate structure. 140 August 11, 1987 E. Memo from Patrolman John McKinley regarding the Region 12 K- 9 Trials where they placed 2nd overall. F. Planning Commission Minutes - July 13 and July 27 G. Article from Business Week Regarding No Smoking as furnished by Councilmember Liz Jensen. MOTION made by Abel, seconded by Jessen to adjourn at 9:15 P.M. The vote was unanimously in favor. Motion carried. ~. / Fran Clark, CMC, ~ y Clerk Iii