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1996-06-25MINUTES - MOUND CITY COUNCIL - JUNE 25, 1996 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 25, 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 I-Ianus, Liz Jensen and Phyllis Jessen. Also present: City Manager Edward J. Shukle, Jr., Building Official Jon Sutherland, City Attorney Curt Pearson and Acting City Clerk Linda Strong. The following interested citizens were also present: Clayton "Jay" Duggan, Debbie and Ray Baylor, Denise Bonnema, Gaylen Thostensen, Michael Pride, Stephanie Coon, John Boyer. The Mayor opened the meeting and welcomed those in attendance. The Pledge of Allegiance was recited. 1.0 RECYCLOTTO WINNER Mayor Polston announced that Douglas Hellerud had won 300 Westonka Dollars for his recycling efforts. 1.1 APPROVE THE MINUTES OF THE JUNE 11, 1996 REGULAR MEETING. MOTION by Jessen, seconded by Ahrens, and carried unanimously to approve the Minutes of the June 11, 1996 regular City Council Meeting. 1.2 APPROVE THE MINUTES OF THE JUNE 18, 1996 COMMITTEE OF THE WHOLE MEETING. MOTION by Jensen, seconded by Itanus, and carried unanimously to approve the Minutes the June 18, 1996 Committee of the Whole Meeting. 1.3 CONTINUATION OF PUBLIC HEARING: STREET VACATION - CHURCHILL LANE, MICHAEL AND CARRIE MCDONALD, 3018 CHURCHILL LANE, PID# 24-117- 24 44 0146, PZ#96-18. Mayor Polston reopened the continued public hearing and asked if there was anyone present who wished to either speak in favor or against the vacation of a portion of Churchill Lane. Michael McDonald, 3018 Churchill Lane approached the Council. He is the applicant and stated that he had been maintaining this area for a long time and would like to upgrade the area. Being no more comments from the public, Mayor Polston closed the public hearing. Building Official Jon Sutherland stated that the applicants have requested the vacation of the 230 foot 289 Minutes - Mound City Council June 25, 1996 wide platted right-of-way located between Block 12, Lots 19-26, 5, 6, and 7, and Block 14, lots 4-17, all in Arden. He stated the staff and Planning Commission recommended approval. Councilmember Hanus stated that there were actually two issues here; the vacation of Churchill Lane and to approve variances to recognize an existing nonconforming street frontage and front yard setback to allow for the already constructed decks. Hanus moved and Ahrens seconded the following resolution as proposed: RESOLUTION//96-62 RESOLUTION TO APPROVE THE VACATION OF AN UNIMPROVED PLATTED RIGHT-OF-WAY KNOWN AS CHURCHILL LANE LOCATED BETWEEN BLOCKS 12 AND 14 IN ARDEN. PZ//96-18. The vote was unanimously in favor. Motion carried. Hanus moved and Ahrens seconded the following resolution as proposed: RESOLUTION/}96-63 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING EXISTING NONCONFORMING STREET FRONTAGE AND FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF ONE CONFORMING DECK AND ONE NONCONFORMING DECK AT 3018 CHURCHILL LANE, LOTS 19, 20, 21 BLOCK 12, PID//24- 11%24 44 0146. PZg96-18 The vote was unanimously in favor. Motion carded. 1.4 CASE //96-27: VARIANCE FOR GARAGE ADDITION, CLYDE AND DENISE BONNEMA, 5513 BARTLETT BLVD., PID 24-11%24 23 0018. Building Official Jon Sutherland stated the applicants have requested a variance to recognize an existing nonconforming rear yard and lakeshore setback variance to allow construction of a conforming 20' x 30' garage addition. Staff and Planning Commission recommend approval. Hanus wanted a clause included that stated the shed would be relocated within one year as stated in the applicants letter. Hanus moved and Jensen seconded the following resolution as amended: RESOLUTION g96-64 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF A CONFORMING GARAGE ADDITION AT 5513 BARTLETT BLVD., PART OF LOTS 13 AND 14, THE BARTLETT PLACE, PID //24- 117-24 23 0018. PZ//96-27. 290 Minutes - Mound City Council June 25, 1996 The vote was unanimously in favor. Motion carried. 1.5 CASE//96-28: VARIANCE FOR HOUSE/GARAGE ADDITION, CLAYTON DUGGAN III "JAY". 5117 TUXEDO BLVD., LOTS 13/14, BLOCK 9, WHIPPLE, PID 24-117-24 43 0047. Jon Sutherland, Building Official, stated the applicant is requesting a side yard setback variance to allow construction of a conforming 22' x 36' two story addition. The Planning Commission and staff recommend approval. Ahrens moved and Jensen seconded the following proposed resolution: RESOLUTION//96-65 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING NONCONFORMING SIDE YARD SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION AT 5117 TUXEDO BLVD., LOTS 13 & 14, BLOCK 9, WHIPPLE, PID #24-117-24 43 0047. PZ #96-28. The vote was unanimously in favor. Motion carried. 1.6 CASE g96-31: MINOR SUBDIVISION, RANDALL MORIARTY, 4536 DENBIGH ROAD, LOTS 6, 5, & NELY 1/2 OF 4, BLOCK 2, PID 19-11%23 24 0008. City Manager Ed Shulde stated the applicant had requested this item to be pulled from the agenda. The Planning Commission had recommended denial and he was going to reapply with different plans. 1.7 CASE//96-32: VARIANCE FOR GARAGE/SECOND FLOOR ADDITION, RAYMOND BAYLOR, 4790 NORTHERN ROAD, 1/2 OF LOT 27 & W OF 28, SUBDIVISION OF LOTS 1 & 32, SKARP & LINDQUIST'S RAVENSWOOD, PID 18-117-23 33 0027. Building Official Jon Sutherland stated the Planning Commission had many concerns and had recommended denial. The applicant, Raymond Baylor was present and stated to the Council his rebuttal to the Planning Commission's decisions. MOTION by Jensen to approve as the Staff recommended, directing staff to prepare a resolution of approval for the variance and bring it back to the Council at the July 9, 1996 meeting. Motion was seconded by Hanus and carried unanimously. 291 · - Mound City Council June 25, 1996 ~.-'"~.8 CASE//96-33: MINOR SUBDIVISION, BOYER BUILDING CORP., 2978 AND 2988 .....'" PELICAN POINT CIRCLE, LOTS 13 & 14, BLOCK 1, PELICAN POINT, PID 19-117-23 42,0038 & 0039. Building Official Jon Sutherland stated the Boyer Building Corporation has applied for a minor subdivision to relocate a lot line in the manner required by Mound City Code Section 320. He stated the development consists of double units with a common wall that straddles the lot line. In the case of this unit, the commons wall was built in the wrong location and the developer is proposing to move the lot line to the common alignment position. The amount of the shift is less than one foot. Ahrens moved and Jessen seconded the following resolution as proposed: RESOLUTION//96-66 RESOLUTION FOR 2978/2988 14, BLOCK 1, AND 31-0139. TO APPROVE A MINOR SUBDIVISION PELICAN POINT CIRCLE, LOTS 13 & PELICAN POINT, PID//19-117-23 42 0038 PZ//96-33. The vote was unanimously in favor. Motion carried. 1.9. CASE g96-34: GALEN & WANYCE THOSTENSEN, 5024 BARTLETT BLVD., LOT 6, BLOCK 3, JOHN S. CARLSON, PID 24-117-24 12 0002, VARIANCE FOR SHED. Building Official Jon Sutherland stated this was reviewed by the Planning Commission last night, June 10, 1996 and the applicant requested it be on tonight's agenda. The applicant is seeking a variance to allow construction of a 10' x 10' portable storage building that will be nonconforming to the north front yard setback. Ahrens moved and Jessen seconded the following proposed resolution: RESOLUTION//96-67 RESOLUTION TO APPROVE A VARIANCE TO ALLOW CONSTRUCTION OF A NONCONFORMING SHED AT 5024 BARTLETT BLVD., LOT 6, BLOCK 3, JOHN S. CARLSON, PID//24-117-24 12 0002. PZ//96-34. The vote was unanimously in favor. Motion carried. 1.10 SET PUBLIC HEARING TO CONSIDER THE APPROVAL OF AN AMENDED CONDITIONAL USE PERMIT FOR MEYER'S MOUND SERVICE TO OPERATE AN AUTO REPAIR BUSINESS AT 2620 COMMERCE BLVD. SUGGESTED DATE: JULY 9, 1996. 292 Minutes - Mound City Council June 25, 1996 MOTION by Jensen, seconded by Jessen, and carried unanimously to set July 9, 1996 for a public hearing to consider the approval of an amended Conditional Use Permit for Meyer's Service to operate an auto repair business at 2620 Commerce Blvd. 1.11 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.12 APPLICATION FOR PUBLIC LANDS PERMIT - STEPHANIE COON, 4729 ISLAND VIEW DRIVE. Building Official Jon Sutherland stated the item was denied at the last Council meeting because of the private structures on public lands and this not being allowed. He suggested removing the playhouse and flag pole from the public land permit and allowing the applicants to replace the stairway and repair the retaining wall. Discussion referred to the Commons Task Force and their research and development of a plan to handle private structures on public lands. MOTION by Hanus, seconded by Ahrens, and carried unanimously to direct the staff to prepare a resolution to be brought back to the Council on July 9, 1996, to include replacement of stairs and repair of retaining wall and to not deal with the structures at this time. 1.13 PROPOSAL FOR NEW DOCK LOCATIONS - LONGFORD ROAD, BRENSHELL HOMES/FINE LINE DESIGN. City Manager Ed Shukle stated the Park and Open Space Commission had recommended the developer shall repay the cost to the City for the survey of Longford Road ($605.00). Also, when the seven slip dock is planned, the length and width of each slip size shall be reviewed, and if something other than a slip size of 10' x 24' is planned, it shall be brought back to the Park Commission for review. They are recommending that these docks be added to the system. Mr. Behnke, the developer was present. Hanus questioned staff with regards to clarifying whether there is suitable shoreline left to use in the computation that Mound can still use within its license with the LMCD. There were questions regarding the Boat Storage Units (BSU's) and Water Storage Units (WSU's). Council thought the numbers that were used by the Parks Director were received from the LMCD. Mayor Polston suggested requesting a letter from the LMCD requesting the number of miles Mound has of Commons shoreline and the formula they use to calculate how many boats, docks are allowed. Ahrens wanted to see the Mound Dock Location Map showing our computation of shoreline. Ahrens wanted to see something on paper from the LMCD and she would also like them to attend the meeting when this is brought back to the Council. 293 Minutes - Mound City Council June 25, 1996 MOTION by Hanus, seconded by Ahrens, and carried unanimously to direct staff to provide the Council with calculations and a Dock Location Map showing how the computations were done indicating exactly how much shoreline Mound has, and to have the LMCD confirm their computations and figures in writing regarding the _amount of shoreline and formula for number of boats and docks for the City of Mound. 1.14 APPLICATION FOR A CONSTRUCTION ON PUBLIC LANDS PERMIT FOR WATER PUMP AND WATER LINE BY DONALD AND GERALDINE SWENSON, 4857 ISLAND VIEW DRIVE, LOTS 5/6, BLOCK 14, DEVON. DOCK SITE #43520, DEVON COMMON, TYPE C. Building Official Jon Sutherland stated the applicant has requested a Construction on Public Lands Permit to allow a water pump and water line to be placed on Devon Common abutting their property at 4857 Island View Drive to accommodate for lawn sprinkling. There is an existing stairway on the commons used to access the applicant's dock site. It is procedure to update all existing encroachments on a site when a new Public Land Permit is applied for. The stairway is in acceptable condition. Staff and Park Commission recommend approval. Hanus questioned if the pump would have a structure over it. Then he stated there was plenty of plant screening. Ahrens moved and Hanus seconded the following resolution as proposed: RESOLUTION//96-68 RESOLUTION APPROVING A CONSTRUCTION ON PUBLIC LAND PERMIT FOR A WATER PUMP AND WATER LINE ON DEVON COMMONS ABUTTING 4857 ISLAND VIEW DRIVE, DOCK SITE #43520. The vote was unanimously in favor. Motion carried. 1.15 APPROVAL OF TRAFFIC CONTROL SIGNAL AGREEMENT NO. PW 26-06-96. CSAH 110 AT THREE POINTS BLVD., HENNEPIN COUNTY PROJECT NO. 9514, AND AUTHORIZING MAYOR AND CITY MANAGER TO SIGN AGREEMENT. City Manager Ed Shukle stated the Council had approved the preliminary plans for the traffic signal installation, approved a resolution and now the agreement needs to be approved and signed. MOTION by Polston, seconded by Jensen, and carried unanimously to approve the agreement for a traffic control signal at CSAH 110 and Three Points Blvd., and directing the Mayor and City Manager to sign agreement. 1.16 294 PETITION FOR TWO STOP SIGNS TO BE PLACED AT TIlE INTERSECTION OF LAMBERTON ROAD AND ISLAND VIEW DRIVE. {To be handed out Tuesday evening) Minutes - Mound City Council June 25, 1996 City Manager Ed Shukle stated there was a petition from the residents of Radnor Road, Lamberton Road and Island View Drive to install two stop signs at the intersection of Lamberton Road and Island View Drive. Officer Ewald had researched the request and stated the placement of the signs could be a problem with all of the close driveways in the area. He did recommend a reduced speed limit sign to lower the speed limit in the area. Chief Harrell had discussed this with Public Works Superintendent Greg Skinner and it may be possible to install two stop signs in the area. MOTION by Hanus, seconded by Jessen and carried unanimously to refer the stop sign request at Island View Drive and Lamberton Road back to staff so signs can be placed in a location to comply with the City Code. 1.17 RESCHEDULING THE SEPTEMBER 10, 1996 REGULAR CITY COUNCIL MEETING DUE TO THE PRIMARY ELECTION BEING HELD THAT DAY. SUGGESTED DATE: WEDNESDAY, SEPT. 11, 1996. City Manager Ed Shukle stated that the September 10, 1996 regular City Council meeting falls on the night of the Primary Election and needs to be rescheduled. The suggested date is Wednesday, September 11, 1996. MOTION by Ahrens, seconded by Jensen, and carried unanimously to reschedule the regular Council Meeting of September 10, 1996 to Wednesday, September 11, 1996 the reason being the Primary Election will be held on Tuesday, September 10th. 1.18 1.19 PAYMENT OF BILLS. MOTION made by Polston, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $193,683.23, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: MAY 1996 FINANCIAL REPORT AS PREPARED BY GINO BUSINARO, FINANCE DIRECTOR. B. MINUTES OF THE JUNE 10, 1996 PLANNING COMMISSION. C. MINUTES OF THE JUNE 13, 1996 PARKS AND OPEN SPACE COMMISSION. 295 Minutes - Mound City Council June 25, 1996 WE STILL NEED TWO MEMBERS FROM THE CITY COUNCIL TO ATYEND THE SPECIAL MEETING ON THE POLICE SERVICES STUDY SCHEDULED FOR WEDNESDAY, JULY 10, 1996, 7 PM, AT SHOREWOOD CITY HALL. PLEASE ADVISE ME AS SOON AS POSSIBLE WHO IS GOING TO ATTEND. Mayor Polston and Councilmember Jensen will attend this meeting. ge SATURDAY, AUGUST 17, 1996 IS NOW BEING LOOKED AT FOR A RESCHEDULED MOUND CITY DAYS. IT IS BEING CALLED MOUND CITY "DejaVue". SOME OF THE SAME ACTIVITIES THAT TAKE PLACE ON THE SUNDAY OF THE USUAL CITY DAYS WEEKEND WOULD OCCUR AND THE FIREWORKS WOULD BE SET OFF THAT EVENING. THIS WILL BE FINALIZED SOON AND THE NECESSARY PERMITS WILL BE SECURED. DO YOU SEE ANY PROBLEMS WITH THIS APPROACH? Goose Situation - Mound Bay Park Hanus mentioned he had received calls regarding the goose droppings at Mound Bay Park early in the mornings during swimming lessons.. He asked if the company called l_zke Restoration, one that the City uses, could be contacted to spray the grass at the park to rid the area of geese. City Manager Ed Shukle stated he would check with the parks maintenance people to have them clean there early in the mornings. MOTION by Jensen, seconded by Ahrens and carried unanimously to adjourn the meeting. The meeting was adjourned at 8:57 PM. Atte Actang City Clerk ~ty~aXger, ~ 296 BILLS June 25, 1996 BATCH 6062 $193,683.23 Total Bills $193,683.23 297