1996-08-27MINUTES- MOUND CITY COUNCIL- AUGUST 1996
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, September 27, 1996 at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in
said City.
Those present: Mayor Bob Polston, Councilmembers Andrea Ahi'ens, Mark Hanus, Liz Jensen and
Phyllis Jessen. Also in attendance: City Manager Edward J. Shukle, Jr., City Attorney Curt
Pearson, Building Official Jon Suthefland and Acting City Clerk Linda Strong. City Engineer John
Cameron arrived at 8:10 PM.
The following interested citizens were also present: Jill Botko, Jack Sobraske, John and Kathy
Aquilina, Amy L. Cicchese, and Mark Jorland.
The Mayor opened the meeting and welcomed all in attendance.
The Pledge of Allegiance was recited.
1.0 APPROVE THE MINUTES OF THE AUGUST 13, 1996 REGULAR MEETING.
MOTION by Jensen, seconded by Ahrens, and carried unanimously, to approve
the Minutes of the August 13, 1996 Regular City Council meeting.
1.1 APPROVE MINUTES OF THE AUGUST 20, 1996 COMMITTEE OF THE WHOLE
MEETING.
There were a few minor changes to the Minutes of the 8-20-96 C.O.W. meeting.
MOTION by Jensen, seconded by Jessen and carried unanimously to approve the
Minutes of the August 20, 1996 Committee of the Whole meeting as changed.
1.2
CASE #96-42: VARIANCE FOR GARAGE ADDITION, 5996 LYNWOOD BLVD.,
JILL BOTKO, PART OF LOT 20, KOEHLER'S 2ND ADDITION, PID 14-117-24 42
0046.
Building Official Jon Sutherland stated that applicant Jill Botko was applying for a 3 foot side yard
setback variance to construct a 16.39' x 32' garage addition 3 feet from the side property line. The
new garage will replace an existing one car detached garage and a storage building that encroaches
on the neighboring property. The owner plans to remove the old garage and shed. Planning
Commission and staff recommend approval.
Councilmember Ahrens moved and Councilmember Jensen seconded the following recommended
resolution:
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Minutes. Mound City Council Meeting- August 27, 1996
RESOLUTION//96-82
RESOLUTION TO APPROVE A SIDE YARD SETBACK
VARIANCE FOR A GARAGE AT 5996 LYNW00D
BLVD., PART OF LOT 20, KOEHLER'S 2ND
ADDITION, PID 14-11%24-42 0046, PZ//96-42.
The vote was unanimously in favor. Motion carried.
1.3
CASE g96-39: VARIANCE FOR PORCH, 5009 WILSHIRE BLVD.. JOHN
SOBRASKE, M&B, BLK 40, WYCHWOOD, PID 24-117-24-13-0035.
Building Official Jon Sutherland stated that John Sobraske was applying for a variance to recognize
the existing and proposed nonconforming setbacks to allow for construction of a nonconforming 9'
x 13' three season porch. He stated impervious cover was conforming at 40% with the existing
drainage situation. The Planning Commission recommended approval 6-2.
Councilmember Ahrens moved and Councilmember Hanus seconded the following proposed
resolution:
RESOLUTION//96-83
RESOLUTION TO APPROVE A VARIANCE TO
RECOGNIZE EXISTING NONCONFORMING
SETBACKS TO ALLOW CONSTRUCTION OF A PORCH
AT 5009 WILSHIRE BLVD., M&B, BLOCK 40,
WYCHWOOD, PID//24-11%24 13 0035, PZ//96-39.
The vote was unanimously in favor. Motion carried.
1.4
CASE //96-40: VARIANCE FOR SHED, 3030 ISLAND VIEW DRIVE, JOHN &
KATHY AOUILINA, LOT 48, PHELPS ISLAND PARK 1ST DIVISION, PID 19-11%
23-34 0073.
Building Official Jon Sutherland stated the owners John and Kathy Aquilina are applying for a
variance to allow reconstruction of a nonconforming 8' x 10' shed 22 feet from the ordinary high
water (OHW) elevation. All other setbacks, lot area, and lot coverage are conforming. The
Shoreland Management Ordinance allows for one water oriented accessory structure (a lock box)
provided that it does not have a floor area exceeding 20 square feet and is a maximum of four feet
in height. The lock box must also be treated to reduce visibility as viewed from the lake. The shed
will be used to store a riding lawn mower as the owner states is due to a severe slope to the lake
that is dangerous to drive up and down. It was noted that the applicant was also applying for a 3'
side yard setback variance also. This was to be added to the resolution. Staff recommended denial,
Planning Commission approved 5-2, due to the practical difficulty and the present location has the
least impact to the neighbors.
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Minutes - Mound City Council Meeting - August 27, 1996
Councilmember Hanus moved and Councilmember Ahrens seconded the amended resolution:
RESOLUTION g96-84
RESOLUTION TO APPROVE SETBACK VARIANCES
TO ALLOW CONSTRUCTION OF A
NONCONFORMING SHED AT 3030 ISLAND VIEW
DRIVE, LOT 48, PHELPS ISLAND PARK 1ST
DIVISION, PID 19-117-23 34 0073, P&Z g96-40
The vote was unanimously in favor. Motion carried.
1.5
CASE //96-41: VARIANCE FOR DECK, 4753 ISLAND VIEW DRIVE, CHRIS
BRIGHT, LOT 10, BLK 7, DEVON PID 30-11%23-22-0058.
Building Official Jon Sutherland stated the owner has applied for a variance to recognize an existing
nonconforming detached garage in order to allow construction of a conforming 12' x 32' deck on
the lake side. According to the applicants site plan, the existing detached garage is setback
approximately 4 feet to the front property line, and 2 feet to the east side. The required setbacks
are 8 feet to the front and 4 feet to the side for this situation. Staff and Planning Commission
recommend approval.
Councilmember Jessen moved and Councilmember Ahrens seconded the resolution as proposed:
RESOLUTION//96-131t'
RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING AN EXISTING NONCONFORMING
DETACHED GARAGE TO ALLOW CONSTRUCTION
OF A CONFORMING DECK AT 4753 ISLAND VIEW
DRIVE, LOT 10, BLOCK 7, DEVON, PID 30-117-23 22
0058, P&Z//96-41
The vote was unanimously in favor. Motion carried.
1.6
CASE //96-45: VARIANCE FOR DECK, 4833 ISLAND VIEW DRIVE GLENN &
AMY HURD, LOT 9, BLK 13, DEVON, PID 25-11%24 11 0034.
Building Official Jon Sutherland stated that due to comments from the Planning Commission, Mr.
Hurd has removed his item from the agenda and is redesigning his plans and will return to the
Planning Commission. City Attorney stated the item should have action to refer the item back to
the staff and Planning Commission.
MOTION by Ahrens to table Case g96-45 until the Staff and Planning
Commission review this case with further information.
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Minutes - Mound City Council Meeting - August 27, 1996
City Attorney stated the item should have action to refer the item to Planning Commission and staff
not to table it.
MOTION by Ahrens, seconded by Hanus and carried unanimously to refer the
item, Case #96-45 back to staff and Planning Cornmlnsion for further
information.
1.7 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.8
REQUEST FROM THE SUBURBAN RATE AUTHORITY (SRA) TO CONSIDER
JOINING THIS ORGANIZATION ON A TRIAL BASIS AT NO COST FOR ONE
YEAR.
City Manager Ed Shukle stated the Suburban Rate Authority is a joint powers organization
consisting of 33 Twin Cities suburban cities. The SPA has been in existence for over 20 years and
they are proposing an associate membership through June 30, 1997 at no fee. There would be no
obligation to continue membership after that date at a membership fee of $400-$800. The purpose
of joining the SRA is to continue protecting cities fights-of-way and the health, safety and welfare
of its residents. This is especially important with the telecommunications and electric companies,
which includes rate changes and use of our fights-of-way. A member and an alternate needs to be
appointed and a resolution furnished back to the SRA. The Council consensus was to appoint Mark
Hanus as member and Ed Shukle as alternate member. Councilmember Jensen stated she could not
be involved with this as her employer was U.S. West.
Mayor Polston moved and Councilmember Ahrens seconded the following resolution to include
Mark Hanus as member and Ed Shulde as alternate member:
RESOLUTION//96-86
RESOLUTION AUTHORIZING PARTICIPATION IN
THE SUBURBAN RATE AUTHORITY; AND
DESIGNATING A REPRF3ENTATIVE OF THE CITY AS
ITS MEMBER ON THE BOARD OF THE SUBURBAN
RATE AUTHORITY.
The vote carded 4-0. Hanus abstained.
1.9
PETITION REQUESTING THAT SHERWOOD DRIVE UNDERGO A COMPLETE
STREET IMPROVEMENT AND REQUESTING THAT THE CITY COUNCIL
DIRECT THE CITY ENGINEER TO CONDUCT A FEASIBILITY STUDY FOR
SUCH IMPROVEMENT.
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Minutes - Mound City Council Meeting - August 27, 1996
City Manager Ed Shukle stated a petition was presented to do a full street improvement on
Sherwood Drive. He stated that this road was not upgraded in the 70's as Sherwood Drive was only
11 years old then. Mark Jorland, 5549 Sherwood Drive, was present and he stated the street has
sunken over the years and now the storm water runs to the east end of the road toward his
driveway, and the storm drain is at the west end of the road at Commerce Blvd. John Cameron,
City Engineer, stated there are 13 addresses on Commerce and only nine were on the petition.
According to the Statute, more than 35 % of the addresses must be on the petition or a 4/5 vote by
the Council is needed. There were 35 % of the residents on the petition. Councilmember Hanus
stated he would like to hear from the other nine residents. City Attorney Curt Pearson stated that
a public hearing would be set after the feasibility report was completed, should the Council direct
the feasibility study to be done.
MOTION Polston, seconded by Hanus and carried unanimously to adopt
resolution directing staff to prepare a feasibility report on the improvement of
Sherwood Drive.
1.10 APPLICATION FOR A QUASI-PUBLIC FUNCTION PORTABLE SIGN PERMIT,
OUR LADY OF THE LAKE CHURCH, INCREDIBLE FESTIVAL.
City Manager Ed Shukle stated the church wanted to place signs by the Depot, SuperAmerica, old
Norwest Bank, vacant lot across from PDQ and at the church.
MOTION by Ahrens, seconded by Jensen and carried unanimously to approve
portable signs for Our Lady of the Lake Church for the Incredible Festival.
1.11
APPLICATIONS FOR PERMITS, OUR LADY OF THE LAKE
INCREDIBLE FESTIVAL - SATURDAY/SUNDAY, SEPTEMBER 21
DANCE AND TEMPORARY BEER PERMIT.
CHURCH,
& 22, 1996
MOTION by Polston, seconded by Jessen and carried unanimously to approve
a "Temporary Beer Permit" and a "Dance Permit" for Our Lady of the Lake
Church for September 21 & 22, 1996.
1.12 APPROVAL OF PAYMENT REQUEST NO. 1 CALDWELL ASPHALT, 1996
SEALCOAT PROJECT.
City Manager Ed Shukle stated that Caldwell Asphalt has a payment request in for the 1996 Seal
Coat project in the amount of $26,061.75. The project is complete, but the city engineer
recommends retaining 5 % until a few minor difficulties are resolved.
MOTION by Jensen, seconded by Hanus and carried unanimously to approve the
payment of $26, 061.75, which includes the retainer of 5%, to Caldwell Asphalt
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Minutes - Mound City Council Meeting - August 27, 1996
for the 1996 Seal Coat project.
1.13
APPROVAL OF ADDITIONAL ELECTION JUDG~ FOR THE PRIMARY AND
GENERAL ELECTION.
MOTION by Jessen, seconded by Ahrens, and carried unanimously, to approve
the list of additional election judges for the Primary and General Election.
1.14
APPROVAL OF BEER LICENSE FOR MOUND LANES.
MOTION by Ahrens, seconded by Jensen, and carried unanimously to approve
the beer license for Mound Lanes, contingent upon all required forms, insurance
and taxes being paid, as submitted.
1.15
PAYMENT OF BILLS.
MOTION made by Jensen, seconded by Hanus to authorize the payment of bills as
presented on the pre-list in the amount of $140,456.91, when funds are available. A
roll call vote was unanimously in favor. Motion carried.
ADD-ON ITEMS --
1.16 PROPOSED ORDINANCE AMENDMENT RELATING TO THE DIVISION OF TAX
COMBINED PARCELS: SECTION 330:12, WAIVER OF PLATTING
City Manager Ed Shulde informed the Council that this item was before the Planning Commission
on Monday, August 26, 1996 and was brought to the Council meeting the next night to get
clarification regarding the lot of record status and subdivision issues relating to the Kildare Road
Improvement.
Building Official Jon Sutherland stated the City Planner Mark Koegler had written a letter to the city
attorney outlining the Planning Commission's concerns relating to the Kildare Road area project.
The city attorney's response included his drafting a proposed ordinance amendment relating to
adding a waiver of platting provision to the Subdivision Code. The Planning Commission had
recommended that the proposed ordinance be held until it could be reviewed by the Planning
Commission and the City Planner and possibly a public hearing. The Commission would like to
review the impact it may have on the City and they felt the ordinance was missing features that
should be included.
The City Attorney Curt Pearson stated Kildare Road housing proposals main issue is that they
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Minutes - Mound City Council Meeting - August 27, 1996
cannot divide their 12 lots without the City's approval. No approval has been given yet. When the
issue of a need for a division or a subdivision was raised, staff reviewed the ordinance. A waiver
of platting code division had been left out when the ordinance was revised. The minor subdivision
provision makes reference to through lots that can be created, otherwise it is a major subdivision.
A major subdivision is covered by the code, but the process is detailed and expensive to divide a
piece of property. The Kildare lots do not fit in the minor process because that is limited to creating
three parcels or lots. The major process is more complicated, expensive and time consuming. Even
a PDA needs a process similar to a subdivision, because you are creating various parcels of record.
As the attorney understands the Kildare case, twelve lots which have been combined can be divided
along original property lines by the combination of two lots. And, therefore, the twelve combined
lots could be divided into 6 parcels which will meet the Zoning Code. Sutherland confu'med this
statement. They are conforming in most respects with the City's subdivision regulation and the
zoning codes for that area. Sutherland added that the lots are not conforming to the required lot
width. The City Engineer stated that they are not the full 40 feet. Pearson stated the process he
prepared in this proposed ordinance was an effort to give the City some control, at the same time
provide a simpler process which has always been there in the past for the division of property.
Pearson intended to simplify the process to some extent. Combining lots was usually done to avoid
city special assessments or for other tax purposes. When a person wants to re-divide combined lots,
staff needs to make sure the proposed division meets the current codes, not the codes that existed
in the past. Assessments need to be checked. Pearson stated that in drafting the ordinance, he made
it optional whether the request does or does not go to the Planning Commission. He stated it is
consistent with every waiver of the platting code ordinance which he is familiar with.
Pearson commented regarding the amount of time an item can be tabled. If the Council does not
take action on a request, presented to them in proper form, the request of the applicant would
automatically became approved after 60 days. The City could extend the time by sending a notice
of a need for an additional 60 days with reasons. The City should have a policy adopted which
states no time starts to toll unless the application is completed properly and ail required materials
have been presented to the City.
Hanus stated there is currently a request for a number of variances on the Kildare lots, including
the lot width. The private road they wish to install requires a number of variances. He wasn't sure
this was tied to another subdivision. Pearson stated that to his knowledge, there is no application
for a subdivision on Kildare, the only item is the developer wants to separate 12 lots into 6 different
parcels.
Sutherland stated Fine Line went directly to the Council to get approval for the road, they did not
go to the Planning Commission. The proposals of Fine Line came to the staff in several stages, in
bits and pieces, a complete plan was not presented. Determinations were made on the information
available at the time. A number of issues could not be identified until the information was supplied
by the applicant.
Mayor Polston suggested the staff meet with Fine Line Developers and have them put everything
on paper, so the Planning Commission could review it.
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Minutes. Mound City Council Meeting- August 27, 1996
It was the Council consensus that there is a need to consider the Attorney's suggested draft of a
waiver of platting ordinance, that is an easier and less costly way to handle simple subdivision
requests.
City Engineer John Cameron stated the developers of the Kildare project want to redivide the lots
without going through a subdivision process because they will keep their "lot of record" status.
There are a number of requirements that are easier to meet than if they have a newly created
parcel, including bluff setback, side yard setbacks, etc. They can meet the requirements with a lot
of record status, but maybe not with a new parcel status. Pearson stated that the "lot of record"
provisions of the ordinance need to be revised because when a parcel is created or divided, the new
parcel description should prevail. The whole purpose of a combination of lots or replats, etc., is
to bring the parcels up to date with the current code requirements.
Mayor Polston moved and Councilmember Jensen seconded the following ordinance amendment with
the addition of "which shall include a provision to reimburse the City for all of its costs."; the
addition of "..in compliance with all City codes." Eliminate" in the best interest of reaching the
goals of the City planning and zoning requirements." Delete "decision" and replace with "request".
MOTION by Polston, seconded by Jensen and carried unanimously to approve
the Ordinance Adding Section 330:12 to the City Subdivision Code allowing for
a Waiver of Platting, as amended.
A copy of the revised Ordinance will be distributed to the Council and Building Official for review
before publishing in the paper.
1.17 POSSIBLE CONDEMNATION ACTION - AUDITOR'S ROAD IMPROVEMENT
PROJECT
City Manager Ed Shukle stated that Evergreen Land Company has been having difficulty in securing
certain properties needed for the Auditor's Road Improvement project and time is running out. An
easement agreement was signed with the Meisels stating the property required for the project would
all be obtained by the end of 1996, and if not, the Meisel agreement would be null and void. He
asked the Council for permission to go forward and prepare a resolution for condemnation and bring
it back to the Council for approval. This procedure may not be necessary, but documentation should
be prepared. Mayor Polston asked if all avenues have been used to acquire the property, and the
City Manager affirmed all had been tried. Councilmember Hanus stated this was a hard decision,
but time is close. Mayor Polston stated it was difficult to get to this point. This project is in the
best interest for the City and we need to move ahead. He hoped things could be negotiated.
Councilmember Ahrens commented to continue negotiations.
MOTION by Ahrens, seconded by Jensen and carried unanimously to direct staff
to prepare resolution for condemnation proceedings regarding the properties
needed to be purchased in the Auditor's Road Improvement project and to bring
the resolution back to the next meeting.
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Minutes - Mound City Council Meeting - August 27, 1996
1.18
LETTER REGARDING BATCH/P). PUBLIC LANDS PERMIT APPLICATION TO
MRS. ANDERSON AND MR. SMITH FROM ED SHUKLE, CITY MANAGER -
COUNCILMEMBER AHRENS.
Councilmember Ahrens wanted to discuss a letter written by the City Manager in response to a letter
he received requesting the Council to review and approve Batch//9. He had written back to them
stating the applications were tabled by the Commission and no action was taken. According to the
City's Procedure Manual, these items would not go to the Council until the Commission had
reviewed and made their recommendations. He asked them to be patient. City Manager Ed Shukle
stated he used "parliamentary discretion" in translating the manual. Councilmember Hanus asked
about time frames, does 60 days also apply here when the item was tabled at the Parks and Open
Space Commission, if that time passes, do the requests automatically get approval? Consensus was
that the City Attorney will verify the time frame and give information to the city manager.
1.19
INFORMATION/MISCELLANEOUS:
A. FINANCIAL REPORT FOR JULY 1996 AS PREPARED BY GINO BUSINARO,
FINANCE DIRECTOR.
B. PARK AND OPEN SPACE COMMISSION MINUTES OF AUGUST 8, 1996.
C. PLANNING COMMISSION MINUTES OF AUGUST 12, 1996.
D. ECONOMIC DEVELOPMENT COMMISSION MINUTES OF AUGUST 15, 1996.
E. REMINDER: CITY OFFICES WILL BE CLOSED IN OBSERVANCE OF
LABOR DAY - MONDAY, SEPTEMBER 2, 1996.
F. REMINDER: CITY COUNCIL MEETING OF TUESDAY, SEPTEMBER 10,
1996 HAS BEEN CHANGED TO WEDNESDAY, SEPTEMBER 11, 1996, DUE
TO THE PRIMARY ELECTION.
MOTION by Jensen, seconded by Jessen to a~urn the meeting. The meeting
was adjourned at 9:45. ~~ / ~ ~
ilrgfw~r~ J. Shu ,k~y Manager
Attest: Linda Stron~Clerk
394
BILLS
.August 27, 1996
BATCH 6082
$140,456.91
Total Bills
$140,456.91
395