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