1996-05-28MINUTES - MOUND CITY COUNCIL - MAY 28, 1996
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, May 28, 1996 at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in
said City.
Those present: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen
and Phyllis Jessen. Also in attendance: City Manager Edward J. Shukle, Jr., City Attorney
John Dean, City Engineer John Cameron, City Planner Mark Koegler and Acting City Clerk
Linda Strong.
The following interested citizens were also present: Carol Doyle, Steven Madson, Kevin
Donahoe, John Holloway, Bill Darling, Karl Berg, Paul Doyle, Ted and Jeanette Metz, Marty
and Marie Johnson, Lyn Hexum, Dave Kunz, Don Pedersen, Leah Weycker, Karl Weisenhorn,
Robert Lien, Cathy Bailey, Dennis Flack, Mike Gardner, Denis Halleron, Earl Allen.
The Mayor opened the meeting. The Pledge of Allegiance was recited.
1.1 APPROVE THE MINUTES OF THE MAY 14, 1996 REGULAR MEETING.
The Acting City Clerk stated there was an amended page 4 of the Minutes handed out.
MOTION by Ahrens, seconded by Hanus, and carried unanimously to
approve the Minutes of the May 14, 1996 Regular Meeting as amended.
1.2
APPROVE THE MINUTES OF THE MAY 21, 1996 COMMITTEE OF THE
WHOLE MEETING.
MOTION by Hanus, seconded by Jessen, and carried unanimously to
approve the Minutes of the May 21, 1996 Committee of the Whole Meeting.
CONSENT AGENDA
By Consent Vote the next four * items as proposed were passed unanimously:
MOTION- JENSEN. SECOND - AHRENS, CARRIED UNANIMOUSLY
.1.3 CASE//96-19: JOHN HOLLOWAY, 4943 MONMOUTH ROAD, LOTS 8, 9, & W.
1/2 OF LOT 7, BLOCK 30 WYCHWOOD, VARIANCE FOR A DECK.
RESOLUTION g96-53
RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING AN EXISTING NONCONFORMING
SHED AND FRONT YARD SETBACK TO ALLOW
CONSTRUCTION OF A CONFORMING DECK AT
4943 MONMOUTH ROAD, PID 24-117-24-41 0106,
PZ#96-19.
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Minutes - Mound City Council May 28, 1996
*1.4
CASE g96-23: MARK HENDERSON, 3207 ROXBURY LANE, LOTS 1, 2, 14, &
15, BLOCK 28, DEVON, MINOR SUBDIVISION.
RESOLUTION//96-56
RESOLUTION TO APPROVE A MINOR
SUBDIVISION AND STREET FRONTAGE
VARIANCES AND A REAR YARD SETBACK
VARIANCE FOR 3207 ROXBURY LANE, PID //25-
117-24 12 0219, P&Z #96-23.
'1.5
CASE//96-24: KEVIN D~)NAHOE, 1801 SHOREWOOD LANE, LOT 1-2, BLOCK
6, SHADYWOOD POINT, VARIANCE FOR GARAGE.
RESOLUTION//96-57
RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING AN EXISTING NONCONFORMING
FRONT YARD SETBACK TO THE DWELLING TO
ALLOW CONSTRUCTION OF A CONFORMING
DETACHED GARAGE AT 1801 SHOREWOOD
LANE, PID//13-117-24 14 0005, P&Z//96-24.
*1.6
CASE//96-25: KARI& MICHAEL BERG, 1754 RESTHAVEN LANE, LOTS 21-
22, BLOCK 5, SHADYWOOD POINT, VARIANCE FOR DECK.
RESOLUTION//96-58
RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING AN EXISTING NONCONFORMING
FRONT YARD SETBACK TO ALLOW
CONSTRUCTION OF A CONFORMING DECK AT
1754 RESTHAVEN LANE, PID//13-117-24 11 0032,
P&Z//96-25.
1.7
CASE//96-20: WILLIAM & JANICE DARLING 2600 GROVE LANE, LOT 5,
BLOCK 1, LANGDON'S LANDING, VARIANCE FOR PORCH.
City Planner Mark Koegler stated the owners have applied for a variance to recognize an
existing nonconforming dwelling in order to allow construction of a new nonconforming 12' x
14' three season porch. The proposed porch will follow the existing line of the deck and would
encroach no further than the exisitng situation that is setback approximately 40 feet from the
shoreline. The proposed construction causes a minimal amount of encroachment into the bluff.
Councilmember Hanus questioned the setback request, whether it is 38' or 36'. Mr. Darling
explained the drawing in the packet was incorrect. Mr. Koegler stated the Planning
Commission recommended approval. Hanus stated the proposed porch is in the bluff zone, not
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Minutes - Mound City Council May 28, 1996
encroaching into the setback, and closer to the lake than what is allowed. It is a substantial
structure, more so than a deck. Mr. Darling stated the deck will be 2' smaller than it is now.
Also, there will be no increase in the impervious cover. The area under the proposed porch will
be open.
Mayor Polston moved and Councilmember Jessen seconded the proposed resolution:
RESOLUTION #96-54
RESOLUTION TO APPROVE A LAKE SIDE
SETBACK VARIANCE TO ALLOW CONSTRUCTION
OF A PORCH AT 2600 GROVE LANE, PID #23-117-24
13 0061, P&Z #96-20.
The resolution passed with a vote of 3-2, Hanus and Ahrens voting nay.
1.8 CASE #96-21: SALLY SWANSON, 1708 AVOCET LANE, LOT 26 AND NELY 10'
OF 25, BLOCK 9, DREAMWOOD, VARIANCE FOR DECK.
City Planner Mark Koegler stated the applicant is seeking a variance to construct a
nonconforming 8' x 18' deck on the front of the dwelling that is conforming to all required
setbacks. The required front yard setback is 20', the applicant is proposing an 8' deck, resulting
in an 8' variance. A variance of 1,720 square feet is needed. This variance request is not
consistent with the zoning code. Staff and Planning Commission recommend denial.
MOTION by Ahrens, seconded by Hanus, and carried unanimously to direct
the City Attorney to prepare a resolution of denial regarding P&Z Case//96-
21.
1.9
CASE #96-22: SALITERMAN LTD./NORWEST BANK, 5211 SHORELINE
DRIVE, LOTS 7-20 & 26-35, SHIRLEY HILLS, UNIT F, VARIANCE FOR
NORWEST BANK SIGN.
City Planner Mark Koegler stated Norwest Bank has applied for a variance to install a new free
standing sign that is 20 feet in height and 70 square feet in area. The free standing signs in this
B-1 District are restricted to 48 square feet in size. The Planning Commission recommended
approval. Councilmember Hanus stated this was against the sign ordinance and wanted a
condition added to the resolution that the sign ordinance would be reviewed and amended as it
did not allow this type of sign. City Attorney John Dean suggested this did not belong in the
resolution itself, but that a separate action by the Council directing the sign ordinance to be
reviewed would be better. The lack of a hardship was discussed. Council concurred to add a
'Whereas' to the resolution stating..."Whereas, the building is set back a distance from the
street thus creating a visibility hardship."
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Minutes - Mound City Council May 28, 1996
Councilmember Jensen moved and Councilmember Jessen seconded the following resolution as
amended:
RESOLUTION//96-55
RESOLUTION TO APPROVE A SIGN SIZE
VARIANCE FOR A FREE STANDING SIGN FOR
NORWEST BANK/SALITERMAN LTD. AT 5211
SHORELINE DRIVE, PID//13-117-24 34 0072.
The resolution passed 5-0. Motion carried.
MOTION by Hanus, seconded by Ahrens, and carried unanimously to direct
the staff and Planning Conunission to review the Sign Ordinance to make it
more definitive and more adaptable to current situations.
1.10 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none at this time. There were some later.
1.11 APPROVAL OF AN APPLICATION FOR A SIGN PERMIT, QUASI-PUBLIC
FUNCTION, WESTONKA PUBLIC SCHOOLS.
City Manager Ed Shukle stated tl/e School District had placed a school bus on their property
next to Commerce Blvd., with a 5' x 20' banner attached to it. No permit had been obtained.
The banner/sign will be removed June 1, 1996.
MOTION by Jessen, seconded by Ahrens, and carried unanimously to
approve the Quasi-public sign by the Westonka School District on school
property until June 1, 1996.
1.12 RESOLUTION APPROVING A PUBLIC LANDS PERMIT FOR 4729 ISLAND
VIEW DRIVE, STEPHANIE COON//42314.
City Manager Ed Shukle stated Ms. Coon has applied for a special permit to allow for private
structures on public land, known as Devon Common, for a stairway, retaining wall, plantings,
electric outlet and lights, flag pole and playhouse. Jessen stated she could not approve this
activity on the commons as it is public land and private structures do not belong there. Jensen
stated private buildings do not belong on public lands, nor is she in favor of lights on public
lands. Discussion related to the Commons Task force and pulling this permit off until they make
their recommendations regarding private structures on public land. Ahrens stated the applicant
wanted to repair the stairs and if the total item were pulled from the agenda, they could not
repair them.
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Minutes - Mound City Council May 28, 1996
Councilmember Ahrens moved and Councilmember Hanus seconded the following resolution:
RESOLUTION//96-
RESOLUTION TO APPROVE A SPECIAL PERMIT TO
ALLOW PRIVATE STRUCTURES ON PUBLIC
LAND FOR STEPHANIE COON, INCLUDING A
STAIRWAY, RETAINING WALL, ELECTRIC
OUTLET & LIGHTS, FLAG POLE, PLANTINGS
AND A PLAYHOUSE, LOCATED ON DEVON
COMMON ABUTTING 4729 ISLAND VIEW DRIVE,
DOCK SITE $42314.
The vote was called resulting a 3-2 pass. Jessen and Jensen voted nay.
See Note: In checking the O'ty Code, a 4/5 vote is required to approve construction on public
right-of-way. Therefore, the item did not pass, it failed. The applicant will be notified and the
item will return to the Council at a future date.
1.13 RESOLUTION APPROVING PLANS FOR HENNEPIN COUNTY PROJECT
//9514, TRAFFIC CONTROL SYSTEM INSTALLATION AT INTERSECTION OF
THREE POINTS AND COUNTY ROAD 110.
City Manager Ed Shukle stated Hennepin County had done research and had received petitions
to install a traffic light system at the intersection of Three Points Boulevard and County Road
i 10. There had been numerous accidents there over the years. The County has decided there
was a need for one. The City had been planning this for two years and funds have been set
aside in the budget to pay the City's portion of the cost to install this system. Pm-plans had
been prepared by the County and reviewed by City Engineer John Cameron. The City Engineer
stated he had reviewed and approved the plans. The Council needed to pass the proposed
resolution before the County could begin the project in late summer or early fall. Mayor
Polston asked if there had been a public hearing. One was not required. He wanted to wait on
the resolation and hold a public meeting (not heating) so the public can provide input. Also,
this would give the Council the ability to actually see the plans and for them to decide if the
plans are appropriate for the intersection. Objection was raised by Council as to this causing
a construction delay. The City Engineer believed two weeks would not hurt the construction
schedule. He also stated that he had only reviewed, not prepared, the plans; and the county
was getting state aid for the project and that the county would not receive approval from the
state until the City approved the project.
MOTION by Polston, seconded by Ahrens, and carded unanimously to hold
the approval of resolution until the June 11, 1996 regular Council meeting
where the public could give input regarding the installation of a traffic
control system at the intersection of Three Points Boulevard and County
Road 110.
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Minutes - Mound City Council May 28, 1996
1.14 RENEWAL OF MUNICIPAL LIQUOR STORE LEASE.
City Manager Ed Shukle stated the lease for the Municipal Liquor store had expired on 12-31-
95. Before the Council was a Lease Renewal Agreement dated 12-31-95 through 12-31-99 at
the same rate as the current expired lease.
MOTION by Jessen, .seconded by Ahrens, and carried unanimously to
approve the new Lease Renewal Agreement for the Mound Liquor Store.
1.15 SET PUBLIC HEARING TO CONSIDER TRANSFER OF OWNERSHIP FROM
TRIAX MIDWEST ASSOCIATES~ L.P. TO DD CABLE PARTNERS, L.P.
SUGGESTED DATE: JUNE 11, 1996.
MOTION by Ahrens, seconded by Hanus and carried unanimously to set
June 11, 1996 for a Public Hearing to consider the transfer of ownership of
Triax Midwest Associates to DD Cable Partners, L.P.
1.16
REQUEST TO REMOVE FROM THE TABLE THE CONSIDERATION OF THE
KILDARE LANE IMPROVEMENT PROJECT - TRACY INGRAM AND BRIAN
SCHULTZ.
At the request of Mr. Ingram and Mr. Schultz, the item was pulled from the agenda, to return
on June 11, 1996.
1.17
PROPOSED AREAS OF STUDY - METROPOLITAN COUNCIL
ENVIRONMENTAL SERVICES GRANT/LOAN PROGRAMS FOR
INFLITRATION/INFLOW ISSUES RELATED TO SANITARY SEWER SYSTEM.
City Engineer John Cameron reviewed the information he had handed out. The Metropolitan
Council Environmental Services (MCES) is offering a matching loan and grant program for
Infiltration/Inflow (I/I) control. He stated the grant portion is for studies to identify, locate,
quantify and develop an action plan to eliminate excessive I/I sources from the sanitary sewer
system. Mound has been identified with potentially excessive I/I, especially during wet weather
peaks. John Cameron stated that the Public Works director has studied the lines, done
televising, and has not found ground seepage to be a problem. John Cameron stated that Mr.
Skinner, Public Works Superintendent, believes that many residents may have their sump pumps
flowing into their sanitary sewer system. This would cause a high rate of usage in the sewer
system, resulting in the high charges the City pays the MCES. The loan program would be a
way to educate the public regarding sump pumps in sanitary systems. He stated there is an
ordinance in effect now, but it is not enforced. Through discussion, the Council decided not
to apply for the grant for research only, but to direct staff to prepare the loan application to be
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Minutes - Mound City Council May 28, 1996
submitted to MCES.
MOTION by Ahrens, seconded by Jensen, and carried unanimously to direct
staff to prepare a loan application to be submitted to MCES for funding to
target the sump pump situation that affects the Infiltration/Inflow (I/I)
control.
At this point in the meeting, a resident approached the council, requesting to return to Item #11,
Comments and Suggestions from residents.
1.18 COMMENTS AND SUGGESTIONS FROM CITIZENS.
Denis Halleron, 3179 Devon Lane, stated he has lived in Mound since 1979. He stated that
homes in his area appear to have junk accumulating. He stated there are nine homes near him
with debris and junk in their yards. He had the addresses if the Council wanted them.
Earl Allen, 4812 Lanark, quoted the Mission Statement at the top of the City Council Agenda.
He stated he had called four times with complaints about neighboring properties being a mess
and nothing had been done. He stated he was worried about the property values if no one kept
up their properties. What was the City doing about this?
City Manager Ed Shukle asked these persons to give him the list and he would follow up.
At this time, 9:15 PM, the Mayor called for a short break.
1.19 CONTINUED DISCUSSION: WOODLAND POINT COMMONS.
Mayor Polston recapped the Woodland Point issue.
Chuck Champine, spokesperson for the mediation group, stated there had been another meeting
of the residents of Woodland Point. Of the attendees at this meeting, one-half of them expressed
an interest in a homeowners association. City Manager Ed Shukle stated he had sent a
memorandum to the ten non-litigant abutters asking them if they opposed or approved of having
a non-abutters dock in front of their homes. He had responses from four and all four opposed.
City Attorney John Dean stated that the need for a homeowners association is not as important
as working out some type of dock program for the Woodland Point people.
Carol Doyle, 1567 Bluebird, an abutting resident, stated that Marie and Marty Johnson, non-
abutters, were welcome to continue putting their dock on the commons in front of her residence
along Wawonaissa Common.
City Manager said a proposal had been presented to the Council by Dave Kunz, 1546 Bluebird
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Minutes - Mound City Council May 28, 1996
Lane. He asked Mr. Kunz to describe his proposal to those in attendance. He stated there had
been discussion of a multiple dock at the end of Bluebird Lane. Bluebird Lane has a very
fragile shoreline, with a bank held together by ground cover and most of the cover was poison
ivy. He proposed to use Canary Beach as an area for docks. The concept included two docks,
one on each side of the beach, in an "F" configuration pointing outward from the beach. Each
dock could have 3-4 slips. His proposal included cleaning up Canary Beach, making it easy
and appealing to use for the non-abutters. Storage of the docks could be at the beach over the
winter. He also suggested a task force be organized of the people in that immediate area and
those who would use this dock, to get input.
Leah Weycker asked to have a break to discuss this with the group of non-abutters that were in
attendance.
The Mayor called a five minute break at 10:20.
The meeting resumed at 10:25. Leah Weycker stated the non-abutters were in favor of multiple
docks at Canary Beach. She was concerned about Wawonaissa Common and non-abutters not
being on these commons. She proposed a dock at the end of Woodland Road, with a stairs.
Ted Metz lives next to Woodland Road and stated he supported one dock at the end of
Woodland Road. Mike Gardner also lives next to Woodland Road and approved a dock but no
stairs. Don Pedersen, 1586 Dove, stated the area is slippery when it is wet, and stairs would
be safer than the bank. City Attorney John Dean stated the City should not build stairs on the
end of Woodland Road.
MOTION, by Polston, seconded by Hanus, and carried unanimously to
accept the proposed two multiple docks concept at the edges of Canary Beach
and direct staff to assist in the configuration, installation and use of this dock
arrangement for the 1996 boating season and also to work with Jim Fackler,
Parks Director to upgrade the beach and to add amenities such as picnic
tables, etc.
Mike Gardner asked the Council to make arrangements to have the dock parts that were left over
the winter removed from the Commons by his property. The Mayor stated it would be
determined who these dock parts belonged to and get them to remove it.
Mayor Polston thanked all of the people involved in this delicate situation on Woodland Point
and he applauded them for their efforts to make things work out.
1.20 EXECUTIVE SESSION
City Attorney John Dean stated there was information received by the Council from an abutting
property owner on Woodland Point of a potential lawsuit. He wanted to discuss this with the
Council in an Executive Session.
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Minutes - Mound City Council May 28, 1996
At 10:47 PM, the Council went into Executive Session. At 11:02 PM, the Council returned
from Executive Session.
City Attorney, John Dean, stated his office will respond regarding the abutting resident issue on
Wawonaissa Commons by letter. The response will circulate to the Council prior to it being
mailed.
1.21 PAYMENT OF BILLS.
Councilmember Hanus wanted an invoice for $605.00 from McCombs Frank Roos removed
from the list, that was being paid by from the dock fund. It was Councilmember Hanus' opinion
that the cost should be charged to the developer, not the dock fund, as the developer would
benefit from this area having dock access.
MOTION by Jensen, seconded by Hanus to authorize the payment of bills as
presented on the pre-list, excluding the invoice for $605. to McCombs Frank
Roos for a survey for commons docks and charge the developer for this
invoice, in the amount of $ 160,464.39 minus $605.00, resulting in
$159,859.39, when funds are available. A roll call vote was unanimously in
favor. Motion carried.
1.22 ADD-ON
RESOLUTION TO APPROVE A ONE DAY OFF-SITE LAWFUL GAMBLING PERMIT
APPLICATION FOR THE AMERICAN LEGION POST//398 FOR MOUND CITY DAYS,
JUNE 16, 1996.
Councilmember Polston moved and Councilmember Jessen seconded the following:
RESOLUTION//96-60 RESOLUTION APPROVING A ONE DAY OFF-SITE
LAWFUL GAMBLING PERMIT APPLICATION FOR
AMERICAN LEGION POST//398 FOR JUNE 16, 1996.
The vote was 5-0, motion carried.
1.23
INFORMATION/MISCELLANEOUS
A. FINANCIAL REPORT FOR APRIL 1996 AS PREPARED BY GINO
BUSINARO, FINANCE DIRECTOR.
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Minutes - Mound City Council May 28, 1996
D.
E.
F.
LMCD MAILINGS.
PARK AND OPEN SPACE COMMISSION MINUTES OF MAY 9, 1996.
ECONOMIC DEVELOPMENT COMMISSION MINUTES OF MAY 16, 1996.
PLANNING COMMISSION MINUTES OF MAY 13, 1996.
REMINDER: PICTURES OF CITY COUNCIL ARE SCHEDULED FOR
TUESDAY, MAY 28, 1996, AT 6:30 PM IN THE CITY COUNCIL
CHAMBERS. LINDA'S PHOTOGRAPHY, DELANO, WILL BE TAKING
PICTURES. PLEASE DRESS ACCORDINGLY!
CITY OFFICES WILL BE CLOSED ON MONDAY, MAY 27, 1996 IN
OBSERVANCE OF MEMORIAL DAY.
MOTION by Ahrens, seconded by Jensen, and carried unanimously to
adjourn the meeting. The meeting was adjourned at 11:13 PM.
Attest: Acting City Clerk
/-~ity Mahage~.
250
Bills
,May 28, 1996
Batch 6052
$160,464.39
Batch Total
$160,464.39
251