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1998-07-14MINUTES - MOUND CITY COUNCIL - JULY 14, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 14, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Acting Mayor Andrea Ahrens, Councilmembers Mark Hanus, Liz Jensen and Leah Weycker. Mayor Bob Polston was absent and excused. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Clerk Fran Clark, Building Official Jon Sutherland and the following interested citizens: Audri Schwarz, Dennis and Carolyn Leininger, Dianne Edwards, Brad Nordgren, Becky Cherne and Greg Knutson. The Acting Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. *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 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. Applicant Bradley Nordgren asked to have Case g98-36 removed from the Consent Agenda. *CONSENT AGENDA MOTION by Hanus, seconded by Weycker to approve the Consent Agenda as amended above. A roll call vote was unanimously in favor. Motion carried. *1.0 APPROVE THE MINUTES OF THE JUNE 23, 1998, REGULAR MEETING. MOTION Hanus, Weycker, unanimously. 324 *1.1 MOUND CITY COUNCIL MINUTES- JULY 14, 1998 CASE 95-37; VARIANCE, LAKF_SIDE SETBACK, AUDRI SCHWARZ, 5621 BARTLETT BLVD,, SECTION 2~, PID#23-117-24 14 0002 - RESOLUTION OF APPRQVAL. RESOLUTION g98-73 RESOLUTION TO APPROVE A LAKESHORE SETBACK VARIANCE IN ORDER TO ALLOW FOR CONSTRUCTION FOR A CONFORMING PORCH, PATIO, AND IN-GROUND POOL, AT 5621 BARTLETT BLVD, PART OF GOVERNMENT LOT 1, SECTION 23, PID # 23- 117-24 14 0002, P & Z CASE g98-37 Hanus, Weycker, unanimously. '1.2 CASE 98-32; VARIANCE, FRONT YARD SETBACK, SIDE YARD SETBACK, TO CONSTRUCT A SUN PORCH, DENNIS & CAROLYN LEININGER, 3065 DUNDEE LANE, LOT 5, BLOCK 12, ARDEN, PID#24-117-24 44 0134. RESOLUTION #98-74 RESOLUTION TO APPROVE A FRONT YARD AND SIDE YARD SETBACK VARIANCES TO CONSTRUCT A CONFORMING SUN PORCH, AT 3065 DUNDEE LANE, LOT 5, BLOCK 12, ARDEN, PID # 24-117-24 44 0134, P & Z CASE//98-32 Hanus, Weycker, unanimously. '1.3 APPROVAL OF FINAL PLANS, AUDITOR'S ROAD IMPROVEMENT PROJECT AND SETTING BID OPENING DATE OF WEDNESDAY, AUGUST 5, 1998, !1:00 A.M. MOTION Hanus, Weycker, unanimously. · 1.4 APPROVAL OF RESOLUTION 98- RESOLUTION AUTHORIZING EXECUTION OF .S. UB-GRANT AGREEMENT RE: 1998 STORM RELlEF WITH FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). RESOLUTION NO. 98-74A RESOLUTION AUTHORIZING THE CITY MANAGER OR FINANCE DIRECTOR TO EXECUTE AND SIGN SUB-GRANT AGREEMENTS AND AMENDMENTS ON BEHALF OF THE CITY OF MOUND Hanus, Weycker, unanimously. 325 MOUND CIT~ COUNCI-L MINUTES- JULY 14, 1998 PUBLIC GATHERING PERMITS, · 1.5 REQUEST TO USE MOUND BAY' --PARK ~OR A WEIGH-IN ONLY, SEPTEMBER 20, 1998, OPERATION BASS RED MAN EVENT. MOTION Hanus, Weycker, unanimously. SUNDAY, '1.6 REQUF_~T TO USE MOUND BAY PARK FOR A WEIGH-IN ONLY, SUNDAY, OCTOBER 4, 1998, VIKING BASSMASTERS. MOTION Hanus, Weycker, unanimously. '1.7 APPROVAL OF RESOLUTION 98 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH SOUTHWEST METRO DRUG TASK FORCE. RESOLUTION/198-75 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH SOUTHWEST METRO DRUG TASK FORCE Hanus, Weycker, unanimously. '1.8 PAYMENT OF BILLS. MOTION Hanus, Weycker, unanimously. 1.9 CASE 98-36: VARIANCE, FRONT YARD AND SIDE YARD SETBACKS, TO BRADLEY NORDGREN, 5661 BARTLETT BLVD., SECTION 23, PID #23-117-24 14 0004. The applicant asked for clarification on what the Planning Commission did at its meeting July 13th. The Building Official explained that the question is about hardcover and whether this lot is entitled to 30% or 40%. Because it is a lot of r<ord, it is entitled to 40% hardcover with an approved drainage plan. Councilmember Hanus asked about item 1.b. in the proposed resolution which reads as follows: An agreement be entered into by the applicant with the city to reduce the hardcover to 30 % (or 40 % with an approved drainage plan) within a one year period of time and be approved by the City Attorney." Hanus questioned the 1 year time period that was discussed at the Planning Commission and if it was 326 MOUND CITY COUNCIL MINUTES- JULY 14, 1998 still valid? The Building Official stated yes and explained that the applicant is entitled to 30% just like any normal lot unless he comes up with a drainage plan that staff would approve, or he creates a filter strip to catch some of the excess water from the impervious surface on that site which would allow 40% hardcover. Hanus moved and Jensen seconded the following resolution: RESOLUTION g98-75A RESOLUTION TO APPROVE A FRONT YARD AND SIDE YARD SETBACK VARIANCES TO CONSTRUCT A CONFORMING ADDITION TO THE EXISTING GARAGE, AT 5661 BARTLETT BOULEVARD, PART OF GOVERNMENT LOT 1, SECTION 23, PID # 23-117-24 14 0004, P & Z CASE//98-36 The vote was unanimously in favor. Motion carried. APPLII~ATIONS FOR PUBLIC LANDS PERMITS: 1.10 GREGORY KNUTSON, 4701 ISLAND VIEW DRIVE. The Building Official explained that the applicant is seeking a permit to replace a light that was previously approved by the Council and was damaged in the recent storms. The light serves security and safety purposes and also lights the City stairway on Devon Common. The Staff and DCAC have recommended approval. The Building Official submitted a survey from 1971 of Mr. Knutson's property and a drawing of approximately where the light is located on the Commons. The Council discussed relocating the light pole onto private property because it needs to be replaced totally and brought up to the code electrically. Councilmember Hanus pointed out that in the Public Lands Permit Book, there is a section specifically dealing with guidelines for lights on public property, page 97, item//4 which asks reads as follows: "If there is an alternate location for the light on private property, it shall not be allowed on public property." This section also requires site plans to show where it is. A site survey showing the light has not been provided and Knutson's property irons have not been located at this time. Hanus stated he felt this light could be functional and be on private property. He further stated that he voted in favor of this light in 1995 because it was an existing situation, but now it has to be replaced entirely and should be located on private property. Mr. Knutson stated that if the light were moved onto private property, it would be too far back for any functional use. The Council discussed the fact that, for permit approval, it takes 4/5ths vote of all Councilmembers and there are only 4 members present tonight. The Council discussed the application as not being an application to maintain this light. It is an application to replace it, because the two other times the light was approved, it was supposed to have had an electrical inspection which did not take place until 1997, and shows the light has deficiencies. 327 MOUND CITY COUNCIL MINUTES - JULY 14, 1998 Hanus suggested tabling this item until it can be determined exactly how far onto public property this light encroaches. This would involve finding the applicant's property stakes. The Building Official stated he did not think it would be difficult to find the applicant's property stakes and determine the exact footage. MOTION by Jensen, seconded by Hanus to table this item to July 28, 1998, to allow staff to determine the footage that the light currently encroaches onto the Commons. The vote was unanimously in favor. Motion carried. 1.11 BARB J, CASEY, 4704 ISLAND VIEW DRIVE. The Building Official pointed out that the DCAC recommended denial of the application for tree removal on a 3-2 vote. He then reviewed the application. A petition was also submitted and signed by 10 residents which read as follows: "We would all like to be able to enjoy the commons area. We respectfully request the trees be removed in front of dock site #41956 (Casey)." He also referred to a letter dated May 20, 1998, from the DNR. The following are staff's recommendations: 1. allow the tree removal and sod as requested; or 2. relocate the dock site and not approve the tree removal request. The Building Official stated that in discussions with Ms. Casey, she has stated that in addition to approving her access to her dock site, she would like to address the safety concerns that have been raised at previous City Council Meetings. The applicant was not present, but the Building Official stated she is not in favor of relocating her dock site which was an option that was pointed out in the Planner's report, dated June 12, 1998. There was also a letter from the abutting property owner, Mr. Frank Ahrens, objecting to the removal of the trees. MOTION by Jensen, seconded by Weycker to approval the Public Lands Permit to remove 6 small trees, as requested. Councilmember Hanus expressed concern about the applicant removing the trees and maybe damaging any private property. The Building Official stated the applicant would not be allowed to remove the trees herself. Any tree removal would have to be done by a licensed tree removal service. The Building Official explained that in his conversations with the applicant, she thought that tree removal would not be necessary, just trimming of branches. The Council discussed not being able to tell which trees in the pictures were to be removed. Jensen stated there are two unknowns now: 1)Whether the applicant wants to move forward knowing that she cannot to the work herself; and 2)It would appear appropriate that she mark the trees which she wishes to have removed. Therefore Councilmember Jensen withdrew her motion because of the fact that Casey has to have a contractor and she mark the trees, suggests that this needs to be tabled. No vote. 328 MOUND CITY COUNCIL MINUTES- JULY 14, 1998 Hanus asked how Ms. Casey intended to maintain (water) the area she is proposing to sod since she does not live there. He would like to see some kind of proof that the sod will be watered and taken maintained. The Building Official stated that he felt this is a minor issue, but if the request is approved, a $500 bond could be added to address this concern. Hanus commented on the DNR letter. The letter recommended leaving the two most lakeside trees and remove the others. He did not think this was good planning, because the reason most of the trees along the lakeshore have gone down recently is that they do not have a good root system in the dp-rap and to him it is just setting the next generation of trees to go down in a future storm. Weycker stated she needs more clarification from the applicant. Ahrens stated she feels this is not a good precedent, because any dock site holder could request cutting down trees to place their dock when there are other options available. MOTION made by Ahrens to approve the applicant's request to remove all of the trees. Hanus seconded, for discussion. Councilmember Hanus stated he is really not in favor of this. He further stated that he has spoken to the Park Director, and it is not Staff's policy that people can move their docks around at will. However, he does not see this, as the case. There is a clear option that does not require trimming of the trees and that is moving her dock away from the trees. Hanus stated he completely disagrees with the DNR letter. Councilmember Weycker stated that she agrees with not removing trees, but in this case she is more concerned about the access and if it is going to block the access ..... Acting Mayor Ahrens, gaveled Councilmember Weycker, stating that she was out of order. Ahrens stated, "The request is to cut down the trees. It is not for access. She is talking about locating her dock." Councilmember Hanus, stated, "Not locating her dock, but access for her dock and the point is she doesn't have to be where she is. That's the option." Councilmember Weycker state she thinks that is part of access. The vote was none in favor with Ahrens, Hanus, Jensen and Weycker noting nay. Motion Councilmember Jensen stated that since the application was not to cut down all of the trees, she was not going to vote for it. Weycker agreed. MOTION made by Ahrens, seconded by Hanus to approve the Public Land Permit application as described on page 2675 of the Council Packet which is to remove 6 trees. The vote was 2 in favor with Ahrens and Hanus, voting nay. Motion fails. 329 MOUND CITY COUNCIl., MINUTES- JULY 14, 1998 1.12 MICHAEL & DIANE EDWARDS. 2805 HAl,STEAD LANE. The Building Official explained the request and report that Staff and the DCAC unanimously recommended approval. The Council asked if the applicant had seen the recommendation. Dianne Edwards stated she had and was comfortable with it. Ms. Edwards stated they would like to donate this stairway to the City when it is finished, since it is on Park land. The City Attorney suggested the following language be added to the resolution, after the Now, Therefore: 1. b. Upon completion of the stairway, all rights, title and interest in the stairway, together with the right and obligation to maintain the stairway shall be transferred to the City of Mound. Ahrens moved and Weycker seconded the following resolution: 1. remove the 4th Whereas; the 7th Whereas to read as follows: Whereas, there are 3c:;cr~ currently two docks at this location; and o remove//2 under the Now, Therefore and replace it with the City Attorney's suggestion as follows: Upon comnletion of the stairway, all rights, title and interest in the stairway, together with the right and obligation to maintain the stairway shall be transferred to the City of Mound. RESOLUTION t/98-76 RESOLUTION TO APPROVE A PUBLIC LANDS MAINTENANCE PERMIT FOR MICHAEL AND DIANE EDWARDS, 2805 HALSTEAD LANE, FOR NON- ABUTTING PROPERTY ON PARK LAND KNOWN AS IDLEWOOD ACCESS, 2990 HIGHLAND LIlVr ACCESS - DOCK SITE 60640 The vote was unanimously in favor. Motion carded. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. INFORMATION/MISCELLANEOUS. A. Department Head Monthly Reports for June 1998. B. DCAC Minutes of June 18, 1998. 330 MOUND CITY COUNCIL MINUTES- JULY 14, 1998 Thank you note from a resident regarding the excellent job the Public Works Department did during the recent storms. Notice from the National League of Cities (NLC) regarding the fall conference in Kansas City, MO. Please let Fran know ASAP if you wish to attend. Letter from Jan DenBeste regarding her dispute with Triax Cablevision. REMINDER; G. REMINDER; H. REMINDER: HRA MEETING 7:00 P.M., TUESDAY, JULY 14, 1998, PRIOR TO COUNCIL MEETING. NO COMMITTEE OF THE WHOLE MEETING THIS MONTH. WCCB MEETING, WEDNESDAY, JULY 29, 1998, 7 P.M., MOUND CITY HALL. Announcement of Skatepark Grand Opening. MOTION made by Hanus, seconded by Weycker to adjourn at 8:30 P.M. The vote was unanimously ill favor. Motion carried. ~-~~anager Attest: City Clerk 331 BILLS .July 14, 1998 BATCH 8063 $124,448.59 BATCH 8064 202,369.85 Total Bills $326,818.44 ,r--i V Z I'r1 r11 m rr!m rn r~l m nn r,l m o o 0 z r- z _J 113 o, lo' -4O 0 0 Z u.J u I-'1 ol c~ ° .2. ?? o 12: ° "'" -~ I "" 'o ? z Z ~4 t- n rr~ ~ oo r~ J A P oo m° n ~,z -.lc= im ?? . 7.- ' 7 C~ Z --I ~ c rq THIS PAGE LEFT BLANK INTENTIONALLY. 35,3