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1998-03-24MOUND CITY COUNCIL MINUTES- MARCH 24, 1998 MINUTES - MOUND CITY COUNCIL - MARCH 24, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 24, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Mark Hanus, and Leah Weycker. Councilmembers Ahrens and Jensen were absent and excused. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Planner Loren Gordon, City Engineer John Cameron and Secretary Jodi Rahn and the following interested citizens: Sharon Gehrman-Driscoll, Robin Scholer, John Gabos, Steve Behnke, Tom Stokes and Matthew Mankey. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. PRESENTATION OF DISTINGUISHED SERVICE AWARD TO OFFICER ALLEN RINGATE FROM MOTHERS AGAINST DRUNK DRIVING (MADD). Sgt. John McKinley introduced Sharon Gehrman-Driscoll from MADD.Ms. Gehrman-Driscoll and President Robin Scholer from MADD presented Officer Allen Ringate with a distinguished service award for his outstanding service in 1996 and 1997. *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmonber or Citizen so requests, M which event the item will be removed from the Consent Agenda and considered in normal sequence. APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. *CONSENT AGENDA MOTION made by Hanus, seconded by Weycker to approve the Consent Agenda as presented. The vote was unanimously in favor. Motion carried. *1.1 APPROVE THE MINUTES OF THE FEBRUARY MOTION Hanus, Weycker, unanimously. 24, 1998, REGULAR MEETING. '1.2 APPROVE THE MINUTES OF THE MARCH 17, 1998. sPECIAL MEETING. MOTION Hanus, Weycker, unanimously. 120 '1.3 MOUND CITY COUNCIl. MINUTES- MARCH 24, 1998 APPROVE THE MINUTES OF THE MARCH 17, 1998, COMMITTEE OF THE WHOLE MEETING, MOTION Hanus, Weycker, unaoimously. '1.4 CASE 98-08; VARIANCE EXTENSION, REMOVAL OF THE OLD RESIDENCE, RF~.qOLUTION 9~-24, DAVID HOLM, 4921 WILSHIRE BLVD, PART OF LOT 1, FIRST REARRANGEMENT OF PHELPS ISLAND PARK, lSr DIVISION, PID 19-117-23 13 0003. RESOLUTION g98-27 RESOLUTION TO APPROVE AND ONE (1) YEAR EXTENSION OF A VARIANCE ORIGINALLY APPROVED BY RESOLUTION g96-24 FOR 4321 WlLSHIRE BLVD., PART OF LOT 1, REARRANGEMENT OF PHELPS ISLAND PARK 1ST DIVISION, PID #19-117-23 13 0003, P & Z CASE 98-27 Hanus, Weycker, unaoimously. '1.5 CASE 95-10; VARIANCE FOR LAKESIDE SETBACK TO BUILD A NON- CONFORMING 12 X 18 THREE SEASON PORCH, CLYDE & DENISE BONNEMA, 551;~ BARTLETT BLVD, W 40' OF LOTS 13 & 14, THE BARTLETT PLACE, PID 24- 117-24 2;~ 0018, RESOLUTION #98-28 Hanus, Weycker, unanimously. RESOLUTION TO APPROVE A LAKESIDE SETBACK VARIANCE TO BUILD A NON- CONFORMING THREE SEASON PORCH AT 5513 BARTLETT BLVD, E 40' OF LOT 13 & W 40 FT OF LOT 14, AND ADJOINING ABANDONED BOULEVARD, THE BARTLETTE P LACE, PID 24-117-24 23 0018, CLYDE & DENISE BONNEMA, P & Z CASE #98-10 *1.6 CASE 98-11: VARIANCE TO RECOGNIZE NON-CONFORMING LOT SIZE, TO CONSTRUCT A NEW CONFORMING HOME, STEVE MARTIN, 2910 OAKLAWN LANE, PARTS OF LOTS 37. 38 &39, BLOCK 1, THE HIGHLANDS, PID 23-117-24 31 0008. RESOLUTION//98-29 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE NON-CONFORMING LOT SIZE, TO CONSTRUCT A CONFORMING NEW HOME, AT 2910 OAKLAWN LANE, PARTS OF LOTS 37, 38 &39, BLOCK 1, THE HIGHLANDS, STEVE MARTIN, PID 23-117-24 31 0008, P & Z CASE//98-11 Hanus, Weycker, unanimously. 121 *1.7 MOUND CITY COUNCIL MINUTES- MARCH 24, 1998 CASE 98-15; MINOR SUBDIVISION~ DAVID & ELEANOR WILI,ETTE~ XXXX LYNWOOD BLVD. LOTS 6-11, KOEHLER'S ADDITION TO MOUND, PIDS 13-117-24 ~3 0028 ~ 13-117-24 ;}3 0029. RESOLUTION g98-30 RESOLWI~ON TO APPROVE A MINOR SUBDIVISION, XXXX LYNWOOD BLVD. LOTS 6-11, KOEHLER'S ADDITION TO MOUND, DAVID & ELEANOR WILLETTE, PIDS 13-117-24 33 0028 & 13-117-24 33 0029, P & Z CASE//98-13 Hanus, Weycker, unanimously. .1.8 CASE 95-14; VARIANCE FOR FRONT YARD SETBACK, PAUL PAINE, 4594 WH.~HIRE BLVD,, LOTS 7. 8 & 9. BLOCK 10, AVALON PID 19-117-23 31 0027, RESOLUTION g98-31 Hanus, Weycker, unanimously. RESOLUTION TO APPROVE A FRONT YARD SETBACK VARIANCE IN ORDER TO ALLOW FOR CONSTRUCTION OF A NEW CONFORMING DETACHED GARAGE, A NEW SET OF ROOF TRUSSES, AND A NEW FOUNDATION FOR THE DWELLING AT 4549 WlLSHIRE BLVD., LOTS 7,88,AND 29, BLOCK 10, AVALON , PID 19-117-23 32 0027, P & Z CASE//98-14 · 1.9 LICENSE RENEWALS: TRANSIENT MERCHANT, TREE REMOVAL AND SET-UP LICENSES, The following licenses are up for renewal. The license period is April 1, 1998 through March 31, 1999. Approval is contingent upon all required forms, insurance, etc. being submitted. Transient Merchant By the Way Snack Shop Tree Removal License Aaspen Tree Service Four Season's Tree Service Precision Landscape Randy's Tress Service Shorewood Tree Service The Tree-Stump Co. Woodsmen Tree Service Set-Up License A1 & Alma's Supper Club 122 MOUND CITY COUNCIL MINUTES- MARCH 24, 1998 MOTION Hanus, Weycker, unanimously. *1.10 APPROVAL OF AN ORDINANCE RELATING TO ZONING; TELECOMMUNICATIONS TOWERS AND FACILITIES: AMENDING MOUND ORDINANCE NO. 88 BY ADDING A NEW SECTION, No action could be taken because it requires a 4/5 vote for approval and only 3 Councilmembers were present. This will be on the April 14 Agenda. · 1.11 PAYMENT OF BILLS, MOTION Hanus, Weycker, unanimouSly. 1.12 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. ROANOKE ACCESS John Gabos, 4687 Island View Drive, stated that the issue of a multiple slip dock located on the Roanoke Access has been hanging on since the February 10th City Council Meeting. This was discussed by the Dock & Commons Advisory Commission last week and he understands that they are recommending the Council approve a multiple slip dock at this site which will come before the Council April 14th. Mr. Gabos currently has his home for sale and would like to know what the situation is with this multiple slip dock on Roanoke Access so he can inform potential buyers. He asked for assurance that this is a voluntary program and that the guidelines the Council adopted are not posing an undue hardship on abutting property owners. The Mayor explained that Roanoke Access multiple slip dock is not on the Agenda tonight but will be on the April 14th Agenda. Mr. Gabos again asked what he should tell potential buyers of his property. The Mayor stated that the Council is not in a position to tell him what he should or should not say. Councilmember Weycker stated that this multiple slip dock program was set up to be voluntary. She stated that if this is not a voluntary program, then she was misled. Mr. Gabos then asked if the City Attorney is in the position to issue a statement letter to him. The City Attorney answered, absolutely not. The Mayor stated that the Council is not going to issue a statement to Mr. Gabos telling him what he can tell potential buyers. The City Attorney stated that if Mr. Gabos wants a clarification of the guidelines that were adopted by the Council, he should take this up at the April 14th Meeting. No action was taken at this time. 123 MOUND CITY COUNCIL MINUTES- MARCH 24, 1998 1.13 PUBLIC HEARING: FINAL PLAT APPROVAL - ~ETON BLUFF PDA. The City Planner reviewed the proposed Final Plat for the Seton Bluff PDA. The preliminary Plat was approved by Resolution #97-§4 in May of 1997. Seton Bluffis a 7 lot single family detached residential development. It is on about 1.35 aces of land, .The PDA ordinance requires 2 acres, and the developer is seeking a variance to that. Also, there are a number of other variances being requested because of the topography and some of the lot restrictions. These variances were ali spelled out in the staff report, dated March 24, 1998. The Planner then reported that in going through the plat there are a number of changes to engineering related aspects Of the plat that have changed from the preliminary plat, i.e. storm water drainage; storm water retention pond; retaining wails. The improvements that have been slated for this area are now not entirely within the lots. Some go out into Kildare Road and Kings Lane ( in public right-of-way). Staff did call this to the developers attention. Staff looked at a severai options for what to do as the plat is proposed tonight. 1. Vacating a portion of both of the roadways to ailow the storm water retention pond as well as the retaining wall to exist as they are shown on the Final Plat. That would mean that if the finai plat approvai was given tonight, it would be conditioned on the vacation being approved, OR 2. Putting ail the improvements on private property and go forward as any other plat would in the City, OR 3. Send this Finai Plat as it is proposed tonight, back to the Planning Commission for review and recommendation. The Planner explained that because of when this plat was submitted, there was no time to follow normai procedures. The Planner stated that Staff is looking for direction from the Council on one of the above options. The Council did not like the idea of approving the final plat before holding the vacation proceedings. Councilmember 'Hanus voiced concerns regarding the pond as it is proposed and asked if it has been approved by the MCWD (Minnehaha Creek Watershed District. This plan tonight has not been before MCWD. Councilmember Hanus further stated that because of the differences between the preliminary and final plat, he would like to see this go back to the Planning Commission for their review and recommendation. The Mayor opened the Public Hearing. Steve Behnke, Fine Line Design Group, stated that the preliminary plat approvai, approved the storm water drainage pending MCWD approvai. In discussions with MCWD, they indicated that they were uncomfortable using the sump manhole system that the developer proposed. Fine Line's engineer prepared a pond that was completely contained in the comer of their property. It has two four foot retaining wails and was approved by the MCWD in October, 1997. The goai using the option shown tonight, on public right-of-way, was to shorten the height of the retaining wails and grade less of the bluff and make use of the flat area at the bottom of the slope. They moved the pond into an area with less trees but in the public right-of-way. 124 MOUND CITY COUNCIL MINUTES - MARCH 24, 1998 Mayor Polston asked who maintains the pond once it is built and established. Behnke explained that in the origiflal plan the association had a Maintenance Agreement that would be put in place regarding the storm sewer system. The MCWD would not approve the concept of a sump manhole system so the developer proposed a pond on their own property which was approved by MCWD. The City Engineer stated that he has never seen this plan before. Behnke stated that the plan was given to the Building Official over three months ago. The City Engineer stated the only plan that was reviewed was the plan with lhe pond and retaining walls on City right-of- way. The Building Official stated that Mr. Behnke provided some fax copies of the preliminary design but it wasn't ready or suitable for review by the City Engineer. The Mayor stated that it is his understanding the what the developer is asking for is final plat approval based on the concept of having the storm water pond on private property, which the developer is asking the City to handle as a maintenance agreement between the City and the homeowners associatiOn. Mr. Behnke stated, yes. The City Engineer stated that it is his understanding that the maintenance agreement would be between the developer, hence the homeowners association and the watershed district. That is one of the requirements of the watershed district's approval. That the developer furnish them with the maintenance agreement. He asked the City Attorney if it is possible that this could be written in the homeowners documents making them responsible for maintaining the pond and not the City? The reason being that all the runoff is being generated by this development, not by any other runoff within the City. The City Attorney agreed as long as none of the pond is located on City right-of-way. The Planner and the City Engineer stated they are not comfortable with this approach because they have not reviewed this plan. Matthew Mankey, attorney for the developer, stated that time is of the essence in that there could be serious financial ramifications. He encouraged the Council to do everything they can to assist his client because the project will benefit the City. The Council discussed the fact that the storm water plan that was approved in the preliminary plat has changed. MOTION made by Weycker, seconded by Hanus to continue the Public Hearing for Final Plat Approval to April 14, 1998, allowing Staff time to review the latest storm water plan. The vote was unanimously in favor. Motion carried. 1.14 CASE 98-09: VARIANCE TO RECOGNIZE NON-CONFORMING LOT SIZE AND SETBACKS, TO CONSTRUCT A NON-CONFORMING ADDITION AND ATTACHED GARAGE, DENNIS KELM, 1916 SHOREWOOD LANE, LOT 5, BLOCK 2, SHADYWQOD POINT, PID 18-117-23 23 0007. The Planner reviewed the request. The Planning Commission recommended approval with the following conditions: a. The existing deck in the front yard as indicated on the survey dated 2-2-98 be removed. b. The applicant shall enter into an agreement to be approved by the City Attorney to ensure the removal of the boathouse within 2 years from the date the resolution is filed. 125 MOUND CITY COUNCIL MINUTES- MARCH 24, 1998 c.A grading plan be submitted at the time of building permit for approval by the City Engineer. d. The lakeside deck be removed and any reconstruction shall be conforming to current zoning setbacks. The applicant has since reconsidered and would like to have item b. removed from the resolution. He is proposing to make foundation and structural repairs to the boathouse. The Planner stated that any structural repairs to the boathouse would require a number of separate variances. The Council asked if the cost of repairs would exceed 50% of the structure's value. The Building Official did not feel repairs would exceed the 50%. The Council asked that item lb. be removed from the proposed resolution and the following be added: "b. The applicant to suitably repair the foundation of the boathouse at a cost not to exceed 50% of the structure's value." Hanus moved and Weycker seconded the following resolution as amended above: RESOLUTION #98-32 RESOLUTION TO APPROVE VARIANCES TO RECOGNIZE A NONCONFORMING LOT SIZE AND SETBACK, TO CONSTRUCT AN ATTACHED GARAGE, DENNIS KELM, 1916 SHOREWOOD LANE, LOT 5, BLOCK 2, SHADYWOOD POINT, PID 318-11%23 23 0007 The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: A. Department Head Monthly Reports for February 1998. Financial Report for the month of February 1998 as prepared by Gino Businaro, Finance Director. C Information received from Minnehaha Creek Watershed District regarding Rule B Task Force. Next meeting is scheduled for Tuesday, March 24, 1998, 2:30 - 4:00 p.m., Minnetonka Community Center. Mayor Polston is a member of this Task Force. D. Notice from MCWD to all residents of Lake Langdon regarding alum treatment. Fo Interviews for a vacancy on the Planning Commission will be conducted at the next Planning Commission meeting which is scheduled for Monday, March 23, 1998, 7:30 p.m., City Hall. Enclosed are applications from persons interested in the vacancy. The City Council is invited to attend. Park and Open Space Commission Minutes of March 12, 1998. Go Information from the League of Minnesota Cities regarding the possible extension of levy limits for another three years. H. Annual review of the activities of the Suburban Rate Authority (SRA) for 1997. 126 Ko MOUND CITY COUNCIL MINUTES- MARCH 24, 1998 LMCD mailings. Information from WeCan answering the questions raised during the CDBG public hearing on February 24 related to the cities who consolidate their CDBG allocations. Planning Commission Minutes o March 9, 1998. Letter from a resident who appreciates Caribou Coffee moving' into Mound. Joint Meeting with School Board regarding joint powers agreement on Westonka Community Center is scheduled for SATURDAY, MARCH 28, 1998, 8:30 A.M., CITY HALL. N. Park Tour is scheduled for June 11. MOTION nmde by Weycker , seconded by Hanus to adjourn at 8:80 P.M. un~nlmously in favor. Motion carried. Edward J Shukle, Jr, City Manager Attest: City Clerk The vote 127 Bills March 24, 1998 Batch 8032 $254,384.24 Total Bills $254,384.24 , CZ Z uJ .... © 0 C ,L'; 0 ¢- C) CZ Z I rtl o o I'~ O CD o 0 o ~ ¢ ~ o · 0 I~= C ~ o -~- I- / < < g < < ; < g < < < I I , oo ,o ~, oo ~o ~ oo~o o~ ~o oo Z I G~ I C> Z 0 C Z Z I C~ z o >o Z I Gl 0 0 Z r- Z