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.
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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.
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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
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