1998-04-28MINUTES - MOUND CITY COUNCIL - APRIL 28, 1998
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, April 28, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood Road,
in said City.
Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz
Jensen and Leah Weycker. Also in attendance were: City Manager Edward J. Shulde, Jr., City
Attorney John Dean, Insurance Attorney Karen Cole, City Clerk Fran Clark, Building Official
Jon Sutherland and the following interested citizens: Rollie Herbst, Greg Knutson, Becky
Cherne, Jori Ayaz, Gene & Gretchen Smith, Barb Casey, Gina Anderson, Kyle Cosky, and
Craig Rose.
The Mayor opened the meeting and welcomed the people in attendance. The Pledge of
Allegiance was recited.
*Consent Agenda: Ail 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 Councilmember or Citizen so requests, in 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.
Councilmember Ahrens asked to have P & Z Case//98-16 removed.
Councilmember Hanus asked to have P & Z Case//98-18 removed.
The City Clerk asked that the following be added to the Consent Agenda:
1)
RESOLUTION AUTHORIZING EXECUTION OF RECYCLING GRANT
AGREEMENT.
2)
SET PUBLIC HEARINGS:
a. ZONING AMENDMENT (REZONING)
CASE g98-06 - 4901 SHORELINE DRIVE ~ May 12, 1998.
b. MAJOR SUBDIVISION
CASE//98-05 - 4901 SHORELINE DRIVE - May 26, 1998.
C. CONDITIONAL USE PERMIT TO ALLOW TWIN HOMES
CASE//98-28 - 4901 SHORELINE DRIVE - May 26, 1998.
d. CONDITIONAL USE PERMIT FOR MOTOR FUEL STATION
LOCATED WITHIN THE B-2 ZONING DISTRICT
CASE//98-26 - 1730 COMMERCE BLVD. - May 26, 1998
3)
Staff is asking that item 4. regarding the Wilshire Blvd. fishing area be removed from
the Agenda because the costs have not come in yet.
Mound City Council Minutes - April 28, 1998
The City Manager stated there will be an Executive Session tonight following the Agenda items to
discuss pending litigation on Woodland Point.
1.0
*CONSENT AGENDA
MOTION made by Weycker, seconded by Jensen to approve the Consent Agenda as
amended above. A roll call vote was unanimously in favor. Motion carried.
*1.01 APPROVE THE MINUTES OF THE APRIL 14. 1998. REGULAR MEETING,
MOTION
Weycker, Jensen, unanimously.
*1.02
CASE 98-15: VARIANCE, FRONT YARD SETBACK, HARDCOVER, .IORJ AYAZ,
4844 ISLAND VIEW DRIVE, LOTS 1 & 2, BLOCK 15, DEVON, PIDS
//25-11%24 11 0046 & 25-11%24 11 0047.
RESOLUTION//98-43
RESOLUTION TO APPROVE A FRONT YARD SETBACK
AND REAR YARD SETBACK VARIANCES IN ORDER TO
ALLOW FOR CONSTRUCTION TO CONVERT A 1 1/~
STORY DWELLING INTO A 2 STORY AND ADD AN
ADDITION WITH AN ATTACHED GARAGE, AT 4844
ISLAND VIEW DRIVE, LOT 1 & 2, BLOCK 5, DEVON,
PIDS 25-11%24 11 0047 & 25-11%24 11 0046, P & Z CASE
//98-15
Weycker, Jensen, unanimously.
*1.03
CASE 98-04; MINOR SUBDIVISION, MARK & VAL STONE, 6380 BAYRIDGE
ROAD, PART OF GOVT LOT ~ AND PART OF ROLLING SHORES,
PID//23-117-24 32 0037,
RESOLUTION//98-44
RESOLUTION TO APPROVE A MINOR SUBDIVISION
AT 6380 BAY RIDGE ROAD, THAT PART OF
GOVERNMENT LOT 5, SECTION 23, PID 23-11%24 32
0037, P & Z CASE g98-04
Weycker, Jensen, unanimously.
/?.2.
Mound City Council Minutes - April 28, 1998
'1.04 PROCLAMATION - MUNICIPAL CLERKS WEEK - MAY ~ - MAY 9, .1998.
RESOLUTION//98-45 PROCLAMATION - MUNICIPAL CLERKS WEEK - MAY
3 - MAY 9, 1998.
Weycker, Jensen, unanimously.
· 1.05 PUBLIC GATHERING PERMIT - I~$E QF MOUND BAY PARK- MINNETONKA
CLASSIC BASS CLUB. 11:00 A.M. - 5:00 P,M,, WEIGH-IN ONLY, JUNE 6. 1998.
MOTION
Weycker, Jensen, unanimously.
· 1.06 MISCELLANEQUS PERMITS; 1995
MOUND VOLUNTEER FIRE DEPARTMENT -,]UNE 6, 1998, FISH FRY
MOUND CITY DAYS -,JUNE 19-21, 1998,
AMERICAN LEGION/VFW - PARADE PERMIT - MAY 25, 1998,
ONE DAY OFF SITE GAMBLING PERMIT - AMERICAN LEGION FOR
MOUND CITY DAYS BINGO,
MOTION
Weycker, Jensen, unanimously.
RESOLUTION APPROVING A ONE DAY OFF SITE GAMBLING PERMIT -
AMERICAN LEGION FOR MOUND CITY DAYS BINGO,
RESOLUTION//98 -46
RESOLUTION APPROVING A ONE DAY OFF-SITE
LAWFUL GAMBLING PERMIT APPLICATION FOR
AMERICAN LEGION POST//398
Weycker, Jensen, unanimously.
· 1.07 RESOLUTION 98 - RESOLUTION AUTHORIZING APPLICATION FOR THE
LIVABLE COMMUNITIES DEMONSTRATION PROGRAM,
RESOLUTION NO. 98-47 RESOLUTION AUTHORIZING APPLICATION FOR THE
LIVABLE COMMUNITIES DEMONSTRATION
PROGRAM
Weycker, Jensen, unanimously.
Mound City Council Minutes - April 28, 1998
'1.08 RESOLUTIQN AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE
THE 1998 MUNICIPAL RECYCLING GRANT AGREEMENT WITH HENNEPIN
COUNTY.
RESOLUTION NO. 98-48 RESOLUTION AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE THE 1998 MUNICIPAL
RECYCLING GRANT AGREEMENT
Weycker, Jensen, unanimously.
'1.09
SET PUBLIC HEARINGS:
Ao
Bo
Do
REZONING - P & Z CASE g98-06, JAMES JOHNSON/DAVE MOORE, 4901
SHORELINE DRIVE, PID #13-117-24 44 0032 - SUGGESTED DATE - MAY 12,
1998.
MAJOR SUBDIVISION - CASE//98-05 - 4901 SHORELINE DRIVE - May 26, 1998.
CONDITIONAL USE PERMIT TO ALLOW TWIN HOMES CASE//98-28 - 4901
SHORELINE DRIVE - May 26, 1998.
CONDITIONAL USE PERMIT FOR MOTOR FUEL STATION LOCATED WITHIN
THE B-2 ZONING DISTRICT CASE//98-26 - 1730 COMMERCE BLVD. - May 26,
1998.
MOTION
Weycker, Jensen, unanimously.
*1.10 PAYMENT OF BILLS.
MOTION
Weycker, Jensen, unanimously.
*1.11
CASE 98-16; VARIANCE, LAKESIDE SETBACK, KYLE COSKY, 1932 SHOREWOOD
LANE, LOT 9 AND PART OF LOT 8, BLOCK 2, SHADYWOOD POINT,
PID #18-117-23 23 0069.
Councilmember Ahrens explained that the reason she asked to have this item removed from the
Consent Agenda is that the Planning Commission has recommended that the Council deny a minimally
encroaching lakeside deck to this property which was built prior to the Zoning Code being adopted.
She stated that in many cases the Council has granted variances for a 10 foot maximum lakeside deck.
Councilmember Hanus agreed.
The Building Official proposed the following language be added to #3 in the Now, Therefore, Be it
Resolved: "Construct an addition to the existing dwelling and a maximum 10 foot width deck on
the lakeside as shown on the aDplicant's survey (Exhibit A)."
Mound City Council Minutes - April 28, 1998
Councilmember Jensen stated that the previous resolution required that the boathouse be removed and
it never did happen. She suggested that Building Permits not be issued until the agreement on the
boathouse is signed. The Council agreed.
Ahrens moved and Hanus seconded the following resolution with the amendments as stated above:
RESOLUTION g98-49
RESOLUTION TO APPROVE A LAKF_~IDE AND FRONT
YARD SETBACK VARIANCES IN ORDER TO ALLOW
FOR CONSTRUCTION TO ADD A BREEZE WAY
BETWEEN THE HOUSE AND GARAGE, AT 1932
SHOREWOOD LANE, LOT 9 AND PART OF LOT 8,
BLOCK 2, SHADYWOOD POINT, PID 18-11%23 23 0069,
P & Z CASE//98-16
The vote was unanimously in favor. Motion carded.
· 1.12 CASE 98-18: VARIANCE. FRONT yARD SETBACK. SIDE YARD SETBACK, CRAIG
A. ROSE. 5100 EDGEWATER DRIVE, LQT 6. BLOCK 1. LP CREVIERS
~;I. JB LOT 436 LAFAYETTE PARK, PID # 143-117-24 42 0006.
Councilmember Hanus stated he believes there are some errors in the numbers in the proposed
resolution that need to be corrected. He explained that this is a through lakeshore lot which have
different sideyard requirements, or abilities for the detached garage in the front yard than the regular
code allows.
The survey shows the garage is 2.6 feet away from the sideyard, but the code, for this type of lot,
allows that structure to be 4 feet from the sideyard making it actually a 1.4 foot variance, rather than
the 3.4 that is in the proposed resolution.
The 2nd Whereas would read as follows: "WHEREAS, the subject property is located within the
R-lA Single Family Residential Zoning District which according to City Code requires a minimum
lot area of 6,000 square feet, 40 feet of lot frontage, front yard setback of 20 feet, and side yard
setbacks are 6 feet for lot of record, and 4 f~t sideyard for accessory structures on through and
lakesh0re lots and 10 feet to the street side: and"
The next Whereas would read as follows: "WHEREAS, the existing dwelling is setback 3.9 feet
from unimproved Chateau Lane requiting a 2.1 6.1 foot side yard setback variance. The existing
garage is 4.5 feet from the front yard setback and 2.6 feet from the side yard setback requiting a 3.5
foot front yard setback and-3~4 1,4 feet side yard setback variances, and;"
The same changes to be made under #1 of the Now, Therefore, Be It Resolved:
"1. The City does hereby grant a 3.5 foot front yard setback, 3~4 1,4 foot side yard setback
variance for the Garage and a 2.1 6,1 foot side yard setback variance for the existing dwelling
as recommended by the Planning Commission."
Hanus moved and Jensen seconded the following resolution with the above changes:
RESOLUTION/D8-50
Mound City Council Minutes - April 28, 1998
RESOLUTION ~TO APPROVE A FRONT YARD AND TWO
SIDE YARD VARIANCES IN ORDER TO ALLOW FOR
CONSTRUCTION TO ADD A SECOND STORY TO THE
EXISTING NON CONFORMING DWELLING, AT 5100
EDGEWATER DRIVE, LOT 6, BLOCK 1, L P CREVIERS
SUB LOT 36 LAFAYETTE PARK, PID 13-11%24 42 0006,
P & Z CASE//98-18
The vote was unanimously in favor. Motion carried.
1.13 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
EXECUTIVE SESSION
The Council adjourned into Executive Session to consider pending litigation on the Woodland Point
issue at 7:50 P.M. Councilmember Weycker removed herself for the Executive Session.
The Council returned at 8:40 P.M. stating that the session was to gather input from the City Council
regarding the court ordered mediation on the Woodland Point issue.
1.14
A.
B.
C.
INFORMATION/MISCELLANEOUS
Financial Report for March 1998, as prepared by Gino Businaro.
Planning Commission Minutes - April 13, 1998.
Notice of Annual League of Minnesota Cities Conference - June 16-19, 1998, Duluth, MN.
Please let Jodi know if you plan to attend, ASAP.
Notice from Hennepin County of a Public Hearing on Amendments to Ordinance Number
Seven - Hazardous Waste Management Ordinance for Hennepin County. This will be held on
May 19, 1998.
Minutes of the Quarterly Meeting of the Suburban Rate Authority.
LMCD mailings.
The results of the Open Book Meeting that was held on April 20, 1998, and a handout done
by the Hennepin County Assessor's Office
Park & Open Space Commission Minutes - April 9, 1998.
Mound City Council Minutes - April 28, 1998
Invitation from the Lake Minnetonka Environmental School to participate in the March for
Park's event - April 26, 1998.
Thank you letter from John Gabos.
Reply from Westonka Schools regarding a leaf compost site. Looks like we are back to
looking for another spot.
MOTION made by Jensen, seconded by Weycker to adjourn at 8:45 P.M. The vote was
unanimously in favor. Motion carried.
w~~~d i. Shukle, Jr., City Manager
Attest: City Clerk
BILLS April 28, 1998
Batch 8042 $157,907.38
Total Bills $157,907.38
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