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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: 386 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. 387 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. 388 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. 389 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 390 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 391 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. 392 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. 393 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