1996-03-26MINUTES - MOUND CITY COUNCIL - MARCH 26, 1996
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
March 26, 1996, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City.
Persons in attendance: Acting Mayor Mark Hanus, Councilmembers Andrea Ahrens, Liz
Jensen. Absent and excused: Mayor Polston and Councilmember Jessen. Also present were:
City Manager Ed Shulde, City Attorney John Dean, Building Inspector Jon gutherland and
Acting City Clerk Linda Strong. The following interested citizens were also present: Tony and
Jennifer Palesotti, Steve Bedell.
Acting Mayor Hanus opened the meeting.
The Pledge of Allegiance was recited.
1.0 APPROVE THE MINUTES OF MARCH 12, 1996 REGULAR MEETING.
MOTION by Jensen, seconded by Ahrens, and carried unanimously to approve the
Minutes of the March 12, 1996 Regular meeting.
1.1
CASE 96-06: ANTHONY AND JENNIFER PALESOTTI, 1969 LAKESIDE LANE,
LOT 3, BLOCK 11, SHADYWOOD POINT, PID 18-117-23- 23 0049. VARIANCE
FOR ADDITION.
Building Official Jon Sutherland stated the applicants have applied for a variance to recognize
the existing nonconforming dwelling and boathouse in order to construct a conforming addition
on the lake side of the dwelling and a conforming entry deck on the street side of the dwelling.
He also stated that the lowest floor of the boathouse is above the minimum building elevation
of 933'. This was new information since the Planning Commission meeting of 3-25-96. The
boathouse is within the 50' lakeshore setback. He had spoken with the DNR and they suggested
screening the boathouse and did not enforce the removal of the boathouse. Discussion dealt with
the difficulty in moving the boathouse on the property. Damage to a large tree and blocked
views would be created. Councilmember Hanus presented a revised resolution and asked the
Council and Staff to read it.
Councilmember Hanus moved and Councilmember Ahrens seconded the following revised
resolution:
RESOLUTION//96-30
RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING EXISTING NONCONFORMING
SETBACKS TO ALLOW CONSTRUCTION OF A
CONFORMING ADDITION AT 1969 LAKEgIDE
LANE, LOT 3, BLOCK 11, SHADYWOOD POINT,
PID//18-117-23 23 0049, P&Z//96-06
Councilmember Jensen questioned the size of the boathouse that was within the 50' lake side
setback. It is 320 square feet and the minimum shed size is 120 square feet. This boathouse
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Minutes - Mound City Council March 26, 1996
has been there for some time, but it is in good condition. It was suggested that the applicant
screen the boathouse from the lake. Jensen stressed the City's policy to remove nonconforming
lake encroachment structures.
The vote was called, the resolution carried 2-1, Jensen voting nay.
1.2
CASE 96-08: JESSE ERICKSON, 2031 BELLAIRE LANE, LOT 64 & NtA OF 65
& 67. MOUND ADDITION. PID 14-117-24 41 0036. VARIANCE FQR GARAGE.
Building Official Jon Sutherland stated the owner has applied for a variance to recognize an
existing nonconforming front yard setback of 18.5' to allow construction of a conforming 24'
x 22' detached garage. Staff and Planning Commission recommend approval. Councilmember
Jensen mentioned that this property faces two streets creating a hardship.
Councilmember Ahrens moved and Councilmember Jensen seconded the following resolution:
RESOLUTION//96-31
RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING AN EXISTING NONCONFORMING
FRONT YARD SETBACK TO ALLOW
CONSTRUCTION OF A CONFORMING DETACHED
GARAGE AT 2031 BELLAIRE LANE ALL OF LOT 64
& N. 1/2 OF LOTS 65 & 67, MOUND ADDITION, PID
14-117-24 41 0036, P&Z//96-08.
The vote carried 3-0. Resolution carried.
1.3 RESOLUTION CONFIRMING ABUTTING STATUS OF PROPERTY LOT 1,
BLOCK 31, SETON.'
City Attorney, John Dean, stated he had learned the property south of the Excelsior vacation line
is in private ownership, a setback requirement of the LMCD kicks in which requires a 15'
setback from private property. This means, that the owner of Lot 1 does have a 10' dock use
area, but the LMCD regulations do not allow for a dock in the 10' dock use area as it is too
close to the private property to the south. He stated the resolution changes as follows: under
Findings /13, "The south line of the Excelsior Road Commons is also the North line of the
vacated Excelsior Road as shown on Exhibit A; and is designated as point 32370 on the City's
dock location map." He went on. to say he added to the resolution under Conclusions//3, "It
appears that the entire designated dock location may be within the 15 foot setback required by
the regulations of the LMCD. If this is the case, this council directs that efforts be made to
provide the owner of Lot 1 with a dock location in close proximity when one becomes vacant
and available." This is suggesting that perhaps Council might consider granting special
consideration to a dock location when one becomes available in the immediate vicinity. The
Council agreed to not require current dock holders to be rearranged or bumped. The Conclusion
//3 now reads, "..If this is the case, this council directs that efforts be made to provide the owner
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Minutes - Mound City Council
of Lot 1 with a dock location in immediate proximity."
March 26, 1996
Councilmember Jensen moved and Councilmember Ahrens seconded the following revised and
amended resolution:
RESOLUTION//96-32
RESOLUTION CONFIRMING ABUTTING STATUS
OF PROPERTY OF LOT 1, BLOCK 31, §ETON, 4700
WILSHIRE BLVD.
The vote was unanimously in favor, 3-0. Resolution passed.
1.4 COMMENTS AND SUGGESTIONS FROM CITIZENS PRF~ENT.
There were none.
1.5
SET BID OPENING FOR 1996 SEALCOAT PROJECT.
SUGGESTED DATE: APRIL 11, 1996, 11:00 AM.
MOTION by Ahrens, seconded by Jensen to set April 11, 1996 at 11 am for
bid opening for the 1996 Sealcoat Project. Motion carried unanimously.
1.6 LICENSE RENEWAL: "BY THE WAY SNACK SHOP" CIGARETTE AND
TRANSIENT MERCHANT
Building Official Jon Sutherland stated there had been no complaints regarding congestion or
problems from any source during the 1995 boating season regarding Mr. Bedell's Snack Shop
on Seton Channel. He has requested a change in the conditions set in Resolution //95-44,
regarding the toilet facility be handicapped accessible. Mr. Bedell stated his customers were
mainly fishermen and smaller water crafts. He stated that if handicapped boaters were usually
on a boat equipped with the necessary facilities for them. Mr. Sutherland stated the toilet was
for convenience and he had no employees and he did not need to have a handicapped accessible
portable toilet. Councilmember Hanus stated he had been by the snack shop often and
commended Mr. Bedell for good management.
MOTION by Ahrens, seconded by Jensen, and carried unanimously to
approve the renewal of the Transient Merchant and Cigarette License for "By
the Way Snack Shop" for the 1996 boating season.
Councilmember Ahrens moved and Councilmember Jensen seconded the following resolution:
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Minutes - Mound City Council March 26, 1996
RESOLUTION//96-33
RF~OLUTION TO AMEND RESOLUTION g95-44
APPROVING A TRANSIENT MERCHANT LICENSE
WITH CONDITIONS FOR A SEASONAL SNACK
SHOP TRAILER AT 4801 SHORELINE DRIVE,
SKARP'S EAST LAWN, LOTS 1, 2, & 3, PID//13-117-
24 44 0052.
The vote was unanimously in favor, 3-0. Resolution passed.
1.7 LAWFUL GAMBLING APPLICATION - RAFFLE WESTONKA SENIOR
CITIZENS FOUNDATION
MOTION by Jensen, second6d by Ahrens and carried unanimously to
approve a permit for the Westonka Senior Citizens Foundation to hold a
raffle on July 9, 1996.
1.8
PAYMENT OF BILLS.
MOTION made by Jensen, seconded by Ahrens to authorize the payment of bills as
presented on the pre-list in the amount of $149,823.79, when funds are available.
A roll call vote was unanimously in favor. Motion carried.
1.9
INFORMATION/MISCELLANEOUS:
FEBRUARY 1996 FINANCIAL REPORT AS PREPARED BY GINO
BUSINARO, FINANCE DIRECTOR.
PLANNING COMMISSION MINUTES OF MARCH 11, 1996.
PARKS AND OPEN SPACE COMMISSION MINUTES OF MARCH 14, 1996.
INFORMATION FROM THE NATIONAL LEAGUE OF CITIES (NLC) RE:
AMENDMENTS TO NLC BYLAWS.
Councilmember Hanus and Ahrens wanted the cities to make decisions, not the board. The
entire Council agreed the way the question was presented was very confusing. The City of
Mound will vote no on the question.
ANNUAL PARKS TOUR IS SCHEDULED FOR TUESDAY, APRIL 30, 1996.
BEGINNING AT 6 PM. DOES THIS FIT YOUR SCHEDULES?
Council asked that this be changed to 6:30 PM.
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Minutes - Mound City Council March 26, 1996
F. INFORMATION FROM GTE RE: GTE'S CAPABILITY TO PROVIDE LONG
DISTANCE SERVICE TO ITS CUSTOMERS.
Councilmember Ahrens mentioned to the Council the need to consider sun protection and some
form of radio communication for the lifeguards this summer at the beaches. This was not
discussed during budget time when funds were assigned. Consensus was the City Staff will
work with the School Staff on this.
MOTION by Hanus, seconded by Ahrens and carried unanimously to
adjourn the meeting at 8:40 PM.
Attest:
Acting City
~-i~f 'Manager ~.~
141
BILLS
-March 26, 1996
BATCH 6032
$149,823.79
Total Bills
$149,823.79
143