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1996-09-24MINUTES - MOUND CITY COUNCIL - $~ER 24, 1996 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 24, 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. Shulde, Jr., Building Official Jon Sutherland, City Attorney Curt Pearson, City Engineer John Cameron and Acting City Clerk Linda Strong. The following interested citizens were also present: Clifford Larson, Susan Roberts, Marilyn Byrnes, Amy Cicchese, Randy Moriarty, Todd Hovren, Steve Coddon, Bev Botko, Jack Cook, Jim Suhon, Marlin Sicheneder, Kristi Dzik, John Dzik, Doug Jepson, Ann Jepson, Al and Kathy Leach, David Greenslit, Frank Ahrens, Mark Jorland, Peter Meyer, Mark Goldberg, Mark Smith, Gina Anderson, Joseph VanLaanen. Mayor Polston opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. RECYCLOTTO WINNER Mayor Polston announced that Leland Lundgren of Evergreen Road had received 50 Westonka dollars for his recycling efforts. Mayor Polston stated that the agenda contained a Consent Agenda, which meant that the items in this portion of the agenda would all be voted on by roll call in one vote. He then asked if anyone of the Council or persons in attendance wished to discuss any of the following items. There was one minor correction to the Minutes of 9-11-96. None of the persons in attendance spoke. The following items were moved by Councilmember Ahrens, seconded by Councilrnember Jensen, and by roll call vote, passed unanimously: *CONSENT AGENDA 1.0 APPROVE MINUTF_~ OF SEPTEMBER 11, 1996, REGULAR COUNCIL MEETING. As amended. 1.1 APPROVE MINUTES OF SEPTEMBER 17, 1996 COMMITTEE OF THE WHOLE MEETING. Ahrens moved, Jensen seconded, unanimous. 428 Minutes - Mound City Council September 24, 1996 1.2 RESOLUTION #96-92 RESOLUTION TO APPROVE A VARIANCE FOR A NONCONFORMING GARAGE ADDITION AT 6219 WESTWOOD CIRCLE, LOT 8, EXCEPT THAT PART..., BLOCK 2, I~F_~TIVOOD, PID 23-117-24 23 0019. PZ/D6-47 Ahrens moved, Jensen seconded, unanimous. 1.3 RESOLUTION ff96-93 RESOLUTION TO APPROVE A VARIANCE FOR A NONCONFORMING GARAGE ADDITION AT 4570 DORCHESTF_~ ROAD, LOTS 14-17, BLOCK 12, AVALON, PID 19-117-23 31 0114. PZ#96-48 Ahrens moved, Jensen seconded, unanimous. 1.4 RESOLUTION//96-94 RESOLUTION TO APPROVE A VARIANCE FOR FENCE MATERIAL AT 2116 NOBLE LANE, M&B, PART OF BLOCK 1, A.L. ADDN TO LAKESIDE PARK, PID 13-117-24 31 0001. PZ//96-49 Ahrens moved, Jensen seconded, unanimous. 1.5 RESOLUTION g96-95 RESOLUTION TO APPROVE A ONE-YEAR VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING DETACHED GARAGE TO ALLOW CONSTRUCTION OF A CONFORMING DETACHED GARAGE AT 2645 SHANNON LANE, LOST 1-3 & 8-10, BLOCK 22, SETON, PID 19-117-23 23 0134. PZ# 96-50 Ahrens moved, Jensen seconded, unanimous. 1.6 RESOLUTION//96-96 RESOLUTION TO APPROVE A SIDE YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A PATIO ROOF AT 5046 BAYPORT ROAD, LOT 14, BLOCK 2, JOHN. S. CARLSON ADDITION, PID #13-117-24 43 0033. P&Z g96-51. Ahrens moved, Jensen seconded, unanimous. 429 Minutes - Mound City Council 1.7 RESOLUTION g96-97 RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR LOTS 13, 14, 15, BLOCK 15, PID'S 13-117-24 14 0046/0047/0039. P&Z g96-53. Ahrens moved, 1ensen seconded, unanimous. 1.8 SET SPECIAL CITY COUNCIL MEETING FOR A WORKSHOP ON ~ LOST LAKE IMPROVEMENT PROJECT (WORKSHOP WILL BE ATTENDED BY CITY COUNCIL, MINNEHAHA CREEK WATERSI:IED DISTRICT BOARD OF MANAGERS, EDC, CONSULTANTS, CITY STAFF AND OTHER INTERF3TED PERSONS. SUGGESTED DATE~ THURSDAY, OCTOBER 17, 1996, 7:30 PM. Ahrens moved, Jensen seconded, unanimous. 1.9 SET CANVASSING OF CITY OF MOUND MUNICIPAL ELECTION. SUGGESTED DATE: WEDNESDAY, NOVEMBER 6, 1996, 7:30 PM. Ahrens moved, Jensen seconded, unanimous. 1.10 SET BID OPENING FOR SNOW REMOVAL FROM PARKING LOTS IN CENTRAL BUSINESS DISTRICT (CBD) FOR 1996-97 SNOW SEASON. SUGGESTED DATE: OCTOBER 18, 1996. Ahrens moved, Jensen seconded, unanimous. 1.11 SET PUBLIC HEARING FOR FEDERAL ENVIRONMENTAL ASSESSMENT (EA) FOR LOST LAKE IMPROVEMENT PROJECT SUGGESTED DATE: NOVEMBER 12, 1996. Ahrens moved, Jensen seconded, unanimous. 1.12 PAYMENT OF BILLS. Ahrens moved, Jensen seconded, unanimous. REGULAR AGENDA ITEMS: 1.13 CASE//96-31: MINOR SUBDIVISION & VARIANCE, RANDY MORIARTY, 4356 DENBIGH ROAD, AND ROBERT BAUMGARTEN, 4552 DENBIGH ROAD, 430 Minutes - Mound City Council September 24, 1996 LOTS 4-8, BLOCK 2, AVALON, PID //19-117-23 24 0008 & 0048. DENIAL RECOMMENDED. Building Official Jon Sutherland reviewed the report. The Planning Commission had recommended denial of a different version of this plan in June. Part of the reason it was denied in June was that it created a new nonconforming lot and violated the bluff provisions. The new proposal establishes three Tracts labeled A, B and C. Tracts B and C contain existing homes. The home on Tract A will be eventually removed and replaced with a new residence. All three tracts comply with side yard setback requirements and hardcover restrictions for non-lots of record. There are 4 variances applied for. All three of the proposed tracts are in an area of very steep topography. Sutherland stated that the creation of the third lot appears to be an economic issue and not a hardship issue. He also mentioned the survey was not clearly understandable and more information would be needed. The Planning Commission voted 7-1 to deny the request. Randy Moriarty and Jack Cook spoke before the Council regarding their efforts to make this plan workable. Hanus stated he had voted against the denial at the Planning Commission because the lots would be conforming except for the bluff area. Building on bluffs has been done before. He stated they had alleviated all nonconformities physically possible. Jensen stated she did not want another house built on a bluff. Jessen stated the Shoreland Management Plan does not allow this type of building, she was not in favor. Polston asked if the applicant could possibly redesign the plans to work around the bluff and they responded that they already had done that to remove the as many variances as possible. The only problem that is left is the bluff. (Councilmember Hanus was absent and excused from the October 8, 1996 meeting when these minutes were up for approval. He submitted comments on this item, they are as follows). "Hanus stated that in a previous variance granted on the easterly property, one of the findings was practical difficulty due to the location of the bluff line leaving a restricted building envelope and that this applies in this case as well. He said if it were possible to build outside of the bluff or even more outside of the bluff he would be strongly in favor of this. But this is not possible in this entire area. He said all conditions of the new center lot are conforming except for the location of the bluff. He also pointed out other cases that received similar approval for like conditions. Hanus stated that it is his intention that any building constructed on this lot would be fully conforming except for the bluff setback. Hanus pointed out that in the Planning Commission minutes there was reference to the easterly 431 Minutes - Mound City Council September 24, 1996 property not having enough parking but clarified that this is an error. There actually are two spaces on this lot, one in the garage and one alongside the garage, so this property does have the required two spaces. I-Ianus said that there is an erosion problem that exists today because runoff is funneled into one area on the center of the proposed center lot. He felt that with proper mitigating techniques such as gutters, retaining walls, and other landscaping methods to direct and slow water flow, that an actual improvement could be realized over what exists today. Hanus said that the gain to the city is that it will get the removal of a very old, small, rundown house and get new housing in its place. MOTION by Hanus, seconded by Ahrens to direct staff to prepare a resolution approving a minor subdivision and variance for lots 4-8, Block 2, Avalon and to include the 5 conditions listed in the Planner's report and to add condition//6 to include the removal of the house to the west (Tract C) before approval of the subdivision. The vote carried 3-2, Jensen and Jessen voting nay. 1.14 PROCLAMATION DECLARING THE WEEK OF OCTOBER 6-12, 1996 AS "MINNF~OTA CITIES WEEK" IN THE CITY OF MOUND. City Manager Ed Shukle stated the Acting City Clerk Linda Strong had been preparing plans for an Open House. Strong stated October 8, 1996 was planned for an Open House at Mound City Hall to celebrate the "Minnesota Cities Week" in Mound. She mentioned several activities going on that day; The Laker will have information. Schools and parents and the public were invited to stop by to learn about their city government. She stated it would be a non-political campaign event. Ahrens moved, Jessen seconded the following resolution: RESOLUTION//96-98 RESOLUTION PROCLAIMING "MINNESOTA CITIES WEEK" IN TIlE CITY OF MOUND OCTOBER 6-12, 1996. The vote was unanimously in favor. Motion carried. 1.15 CONSTRUCTION ON PUBLIC LAND PERMITS - BATCH//9. 432 Minutes - Mound City Council September 24, 1996 41830 42406 42961 43020 43080 43120 43180 43235 43420 43450 Mark Smith & Gina Anderson 4665 Island View Robert Eidem & Nicole Blum 4743 Island View Curtis 01son 4g01 Island View Michael Kane 4805 Island View Arlene Eskedahl 4815 Island View Carrell Kucera 4823 Island View Jerry Marek 4829 Island View Glenn & Amy Hurd 4833 Island View Stephen Hewitt 4849 Island View Mark Goldberg 4853 Island View Drive Drive Drive Drive Drive Drive Drive Drive Drive Drive Jori Sutherland, Building Official stated the staff recommended approval of this batch of public lands permits. There were no structures involved. Stairs over the rip-rap of dock #43450 were discussed briefly. Sutherland stated the applicants had one year from approval date to take the appropriate action. MOTION by Ahrens, seconded by ltanus, and carried unanimously to approve Batch//9 of Construction on Public Land Permits. A resoultion will be prepared for the October 8th meeting. 1.16 CONSTRUCTION ON PUBLIC LANDS PERMIT APPLICATION FROM STEVE CODDON FOR A STAIRWAY AND PATHWAY ACROSS THE UNIMPROVED R.O.W. OF BLACK LAKE LANE, LONGFORD ROAD, AND PARCELS 23, 29 & 30 IN BLOCK 11, SETON. Jon Suthefland, Building Official, stated the applicant is requesting a Construction on Public I_ands Permit to install a stairway and wood chip path on public lands. The only purpose of the stairway and path is to provide access to a privately owned parcel that the applicant is using as a dock site location. The area has steep slopes and significant tree cover and is a natural area, with the lower portion being wetlands. This is not a dedicated NCA area yet. According to the a survey dated 10-5-95, most of the applicant's parcel is under the ordinary high water (OHW) and may not be accessible during periods of high water. Staff recommends approval with several conditions. The Council discussed this with Mr. Coddon. Polston stated he had walked the area and he would recommend denial as the steps would cause a problem with the natural area, the walkway would be under water often and the area would be open to the public and cause parking problems along Black Lake Lane. Ahrens stated the Council had never granted a Construction on Public Lands Permit to access private property. Coddon said he could eliminate the path. MOTION by Ahrens, seconded by Jensen and carried unanimously to direct 433 Minutes - Mound City Council 1.17 staff to prepare a resolution of deinal for a Construction on Public Lands Permit for Steve Coddon for a stairway and pathway across the unimproved right-or-way of Black Lake Lane and Longford Road and parcels 23, 29 and 30 in Block 11, Seton. REQUEST FOR PUBLIC LAND PERMIT BY BEVERLY VANL~kANEN TO ALLOW FOR AN INVISIBLE FENCE TO BE LOCATED ON~kDJACENT ALLEY ADJACENT TO 2137 ASHLAND LANE, LOTS 3 & 4, BLOCK 7, AL. ADDITION TO LAKESIDE PARK. Jon Sutherland, Building Official, stated the applicant is seeking an after the fact Construction on Public Lands Permit to allow invisible pet fencing to remain on Waterside Commons. Staff became aware of the installation through a complaint from a dock site holder. There are about seven dock sites that access at this point. The individual expressed concern about how closely the dog is allowed to roam by the dock sites and access walkways as well as the apparent lack of restraint. Mr. VanLaanen was present and stated the fence is underground and the frequency is high enough so the dog does not go onto the commons. Hanus stated the dog could still be on public property. MOTION by Jessen, seconded by Jensen and carried unanimously to deny the after the fact Public Lands Permit application from Beverly and Joseph VanLaanen, 2137 Ashland Lane for an invisible fence to be located on the Waterside Commons. The electric invisible fencing is to be removed and the City is to inspect the site following the removal. 1.18 REQUEST FOR PUBLIC LAND PERMIT BY FRANK & ANDREA AHRENS TO INSTALL UNDERGROUND PIPE ON DEVON COMMON LOCATED ADJACENT TO 4673 ISLAND VIEW DRIVE, LOTS 2, 17 & SE 1/2 OF 18, BLOCK 1, DEVON. Building Official Jon Sutherland stated the applicant is seeking a construction on Public Lands Permit to allow for a below grade 1-1/2 434 pipe to carry water to a pump which will be located on private property. The pipe will located approximately 6" below grade. MOTION by Jensen, seconded by Hanus to approve a Public Lands Permit for Frank and Andrea Ahrens 4673 Island View Drive, Lots 17 & SE 1/2 of 18, Block 1, Devon, Dock site//41902, Devon Common, Type D Shoreline for 434 Minutes- Mound City Council September 24, 1996 an underground PVC pipe. The vote carried 4-0, Ahrens abstained. 1.19 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. Mayor Polston asked if there was anyone present who had a comment or suggestion. Peter Meyer, member of the Parks and Open Space Commission and a member of the Westonka Citizens for a Community Skating Rink, stated he was there to ask for support to complete the community skating rink located on school property, this fall. He asked that the Council allocate $3200 from the NCA budget to benefit the rink. He also stated that the Pond Arena now does not offer any open skating time. He presented the Council with a resolution he had prepared. The Council will take the proposed resolution with additional information under consideration at a future meeting. There were no more comments or suggestions. 1.20 CITY ENGINEER'S FEASIBILITY REPORT ON PUBLIC IMPROVEMENTS TO SHERWOOD DRIVE. City Engineer John Cameron presented the Preliminary Engineering Report for the Improvement of Sherwood Drive. He reviewed the report with the Council and stated the improvement project was feasible. He did suggest the City pay a portion, this would be to cover the street area of the cost. This has been done in the past. MOTION by Ahrens, seconded by Jensen and carried unanimously to accept the Engineer's Feasibility Report on Public Improvements to Sherwood Drive and adopt resolution setting a public hearing date of November 12, 1996. The residents affected will be notified. 1.21 EXECUTIVE SESSION City Attorney Curt Pearson stated the City is negotiating with property owners around the Lost Lake Improvement project for the purchase of land for permanent easement purposes. He requested to meet with the Council in Executive Session to discuss with them an update. The Council went into Executive Session at 8:50 PM. The Council returned from Executive Session at 8:59 PM. Pearson stated that a tentative agreement had been reached with Mr. Wagman, one of the property owners. The Council needed to take action to direct him to prepare the proper documents. 435 M~nute~ - Mound C~ty Counci~ September 24, 1996 MOTION by Ahrens, seconded by Jensen and carried nna~limotlsly to reduce to writing the proposed settlement with Mr. Wagman and accept the settlement. INFORMATION/MISCELLANEOUS: Re AUGUST 1996 FINANCIAL REPORT AS PREPARED BY GINO BUSINARO, FINANCE DIRECTOR. B. PLANNING COMMISSION MINUTF_3 OF S~ER 9, 1996. PARK AND OPEN SPACE COMMISSION MINUTES OF SEPTEMBER 12, 1996. De LETTER FROM THE PRESIDENT OF THE MINNESOTA CLERKS AND FINANCE OFFICERS ASSOCIATION INFORMING LINDA STRONG, ACTING CITY CLERK, THAT SHE HAS MET THE REQUIREMENTS FOR CERTIFICATION AS A 'MINNESOTA CERTIFIED MUNICIPAL CLERK.' CONGRATULATIONS, LINDA! MEMO FROM JOANNE PORTER, SPRING PARK RE: CROSSWALK ON COUNTY ROAD 15 NEAR HOUSE OF MOY. REMINDER: LEAGUE OF MINNE3OTA CITIES REGIONAL MEETING IS SCHEDULED FOR THURSDAY, OCTOBER 17, 1996, AT THE NEW WATERTOWN CITY HALL. THERE IS AN AFTERNOON PROGRAM BEGINNING AT 2 PM, SOCIAL HOUR BEGINS AT 5 PM., FOLLOWED BY A DINNER AT 6 PM. PLEASE LET LINDA KNOW IF YOU ARE INTERF_STED IN ATTENDING. PLEASE NOTE THAT THIS EVENT IS ALSO THE SAME DAY AS THE SCHEDULED WORKSHOP WITH THE MCWD RELATED TO THE LOST LAKE IMPROVEMENT PROJECT. YOU COULD ATTEND THE AFTERNOON SESSION BUT WOULD HAVE TO MISS THE EVENING DINNER AND PROGRAM. THERE ARE OTHER REGIONAL MI~ETRqGS SCHEDULED AROUND THE STATE BUT THE CLOSEST IS WATERTOWN. MOTION by Ahrens, seconded by Polston and carried unaolmously to adjourn the meeting at 9:00 PM. 436 - Minutes - Mound City Council Attest: Acting City Clerk September 24, 1996 437 BILLS --September 24, 1996 BATCH 6092 $206,534.50 TOTAL BILLS $206,534.50 437 A