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1998-11-24MINUTES - MOUND CITY COUNCIL - NOVEMBER 24, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 24, 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, Hz 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 Assistant City Planner Loren Gordon and the following interested citizens: Bob & Anne Hunt, Dale & Lorell Becker, Tim Becker and Councilmember Elect Bob Brown. The Acting Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 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. The City Manager stated he would has and item to add to the Agenda regarding directing the Planning Commission to look at the fence ordinance and do a study on it. This will become Item 7.A. o The City Manager advised that the Planning Commission tabled Case g98-64, the Conditional Use Permit for the Community Center at their meeting last night. Therefore, this Public Hearing will need to be scheduled for the December 22nd City Council Meeting, not the December 8th Council Meeting. Councilmember Weycker asked that the Minutes from November 10, 1998, be removed from the Consent Agenda. 4. Councilmember Hanus asked to discuss the Public Lands Permit, briefly. *CONSENT AGENDA MOTION made Jensen, seconded by Hanus to approve the Consent Agenda as amended above. A roll call vote was unanimously in favor. Motion carried. *1.0 APPROVE THE M1NUTES OF THE NOVEMBER 16, 1998, SPECIAL MEETING. MINUTES WERE DISTRIBUTED TUESDAY EVENING. MOTION Ahrens, Hanus, unanimously. 578 *1.1 MOUND CITY COUNCIL MINU2F. S- NOVEMB~ 24, 1998 APPROVE THE MINUTES OF THE NOVEMBER 17, 1998, COMMITTEE OF THE WHOLE MEETING, MINUTES WERE DISTRIBUTED TUF~qDAY EVENING, MOTION · Ahrens, Hanus, unanimously. '1.2 SET PUBLIC HEARING FOR CASE 98-65, UTILITY EASEMENT VACATION, TO ALLOW THE CONSTRUCTION OF A NEW GARAGE, RICHARD KRYCK, $986 SUNSET ROAD, PID 14-117-24 42 0065. SUGGESTED DATE: DECEMBER 8, 1998. MOTION Ahrens, Hanus, unanimously. '1.3 SET PUBLIC HEARING FOR CASE 98-64, CONDITIONAL USE PERMIT, TO REVIEW THE USE TO ALLOW A BUILDING REMODEL PROJECT TO THE COMMUNITY CENTER TO INCLUDE RENOVATION OF THE GYMNASIUM AND AUDITORIUM, ADDITIONAL PARKING AND CHANGES TO THE SITE ACCESS, INDEPENDENT SCHOOL DISTRICT NO. 277. 5600 LYNWOOD BLVD., PIDS 14-11%24 41 0010, 14-11%24 41 0011, 14- 117-24 41 0052 & 14-117-24 41 0058, SUGGESTED DATE: DECEMBER 22, 1998, MOTION Ahrens, Hanus, unanimously. '1.4 PAYMENT OF BILLS. MOTION Ahrens, Hanus, unanimously. 1.5 APPROVE THE M1NUTES OF THE NOVEMBER 10, 1998, REGULAR MEETING. Councilmember Weycker asked to change one sentence on Page 4466, second paragraph, last sentence which reads "She would like to see this go back to the POSC for this." Change to read, "It could go back to the POSC for their review." MOTION made by Weycker, seconded by Jensen to approve the Minutes of the November 10, 1998, City Council Meeting, as amended. The vote was unanimously in favor. Motion carried. 579 MOUI~ CITY COUNCIL MINUTES- NOVEMBER 24, 1998 1.6 APPROVE REQUEST FOR A PUBLIC LANDS PERMIT TO REGRADE A PORTION KINGS ROAD AS IT RELATES TO ITS VACATION, (NOTE;IN)SC REVIEWED CASE AT ITS 11/12/98 MEETING AND RECOMMENDS APPROVAL SUBJECT TO TWO CONDITIONS. Councilmember Hanus stated that there is no proposed resolution for this item. The POSC recommended the following: "Motion made by Casey, seconded by Weycker, to approve a Public Lands Permit for grading on unimproved Kings Lane, as recommended, with the following stipulations: 1. Reseed the area after the regrade. ® Erosion control and/or stabilization measures be taken to avoid any further encroachment onto public lands. Motion carried unanimously." Councilmember Hanus also asked if the Council is acting on this POSC recommendation. so, he would like to see Item//2 of the recommendation changed in the final resolution to read as follows: "2. Erosion control and/or stabilization measures be taken, to avoid any further erosion ¢.-:c. roachmcnt onto of public lands. If The City Attorney stated this language would be added to the resolution. Hanus moved and Weycker seconded the following resolution, incorporating the above language: RESOLUTION 98-129 RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT FOR FINE LINE DESIGN, ON A PORTION OF UNIMPROVED KINGS LANE AT THE INTERSECTION OF KILDARE ROAD FOR GRADING IN CONJUNCTION WITH SETON BLUFF DRAINAGE POND The vote was unanimously in favor. Motion carried. 1.7 CASE 97-31: VARIANCE CONTINUATION, TO ALLOW AFTER THE FACT IMPROVEMENTS TO ALLOW STRUCTURAL REPAIRS AND MISCELLANEOUS WORK TO AN EXISTING NONCONFORMING BEACH HOUSE, ANN & BOB HUNT, 5319 BARTLETT BLVD., LOT 28, AUDITOR'S SUBDIVISION 70, PID 24-117-24 24 0025. (NOTE: PLANNING COMMISSION RECOMMENDED DENIAL. HANUS MADE A REOUEST AT THE COMMITTEE OF THE WHOLE MEETING THAT THE ORDINANCE RELATING TO BOATHOUSES BE REVIEWED BY THE PLANNING COMMISSION). 58O MOUND CITY COUNCIL MINUTES- NOVEMBER 24, 1998 Councilmember Hanus stated that he mentioned this to the Council at the Committee of the Whole Meeting November 17th. At the COW Meeting he misspoke when he said it was tabled at the Planning Commission, because they wanted to review this ordinance before acting on this case. He reconfirmed with the Pl,anning Commission last night that was their intention. Hanus stated he has spoken w~th the Hunts and they are in agreement' with tabling this pending the Planning Commission's review of the ordinance, rather than acting on a denial tonight. Mr. Hunt was present and agreed. Councilmember Weycker asked which section of the code is to be reviewed by the Planning Commission? Councilmember Hanus stated it is the Boathouse/Beach House section of the code. Councilmember Hanus explained the situation as follows: There was some work done without a permit and some of it was structural, (involving replacing some roof rafters and roof sheathing). He stated the whole roof was re-sheathed and the denial that is in front of the Council now, for consideration says the building can stay but the roof has to come off which he feels is absurd. He stated that recognizing the position that everybody, including the applicant, is in right now, this is an issue that the Planning Commission needs to look at. It might end up staying the way it is or it might change, but both the applicant and the Planning Commission agreed that they need to look at the code because it is not clear enough to know exactly what should or shouldn't be allowed. MOTION made by Hanus, seconded by Jensen to table Case #98-31 until no later than June 1, 1999, subject to review of the Zoning Code by the Planning Commission and City Council. The Hunts agreed to the tabling. The vote was unanimously in favor. Motion carried. MOTION made by Hanus, seconded the Weycker, directing the Planning Commission to review the boathouse provisions within the Zoning Code for reconsideration and determination as they see fit. The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. The Beckers, 5205 Beachside Drive, Minnetonka, stated they also own property on Three Points Blvd. and feel they are being unfairly treated. Mr. Becket stated they have tried to follow all the rules and regulations that the City has requested of them. He stated that 2 years ago he had his property sold, but at the last minute, it got rejected because of 2.3 cubic yards of dirt. Mrs. Becker addressed the Council. The City Attorney explained that here has been a procedural wrinkle thrown into this for everyone. The City thought it had finished its review of this sometime ago and referred its conclusions to BOWSR which sent it back to the City for further review. At the last City Council Meeting, the Council authorized the hiring of a Hearing Examiner in order to have an organized routine mechanism for disposing of this matter as quickly as possible. The City Attorney explained that the City is in this process right now. 581 MOUND CITY COUNCIL MINITIF~- NOVEMBER 24, 1998 Mr.. Tim Becker stated that they have been asking for preliminary approval from the City so that the Minnehaha Creek Watershed District could hold a public hearing. He further stated that the Minnehaha Creek Watershed District Board of Managers was courteous enough to let them proceed at a public hearing, but they could not take a final vote. However their staff did agree with their permit as it applied with the actual fill that they submitted both with that application and this application. He stated they are now going on 100 days with their application with the City. He handed out a packet of information for the City Council. He stated they want to get the property marketable. The City Attorney thanked Mr. Becker for the material that he submitted and will pass it on to the attorneys handling this matter for their review. No action was taken. 1.8 RECOMMENDATION FROM DOCK AND COMMONS ADVISORY COMMISSION. RE: APPOINTMENT TO FILL VACANCY. (NOTE: INTERVIEWS WERE HELD ON THURSDAY, NOVEMBER 19, 19980 ORV BURMA WAS RECOMMENDED TO FILL THE UNEXPIRED TERM OF GORDON TULBERG, TERM EXPIRES 12/31/99, The City Manager stated that the candidates were interviewed at the last DCAC Meeting. He reported that the DCAC has recommended that Orv Burma be appointed to fill the unexpired term of Gordon Tulberg whose term expires December 31, 1999. Hanus moved and Weycker seconded the following resolution: RESOLUTION #98-130 RESOLUTION TO APPOINT ORV BURMA TO THE DOCKS & COMMONS ADVISORY COMMISSION TO FILL THE UNEXPIRED TERM OF GORDON TULBERG, TERM EXPIRES 12/31/99 Councilmember Weycker stated she does have some concerns about appointing someone who is already on the Planning Commission when other people have applied. She would prefer to have more of the public involved but feels Mr. Burma will do a good job. The vote was unanimously in favor. Motion carried. 1.9 ADD-ON - FENCE ORDINANCE DISCUSSION Acting Mayor Ahrens excused herself from the Council for this discussion. MOTION made by Hanus, seconded by Weycker to have Councilmember Jensen take over as Acting Mayor. The vote was unanimously in favor. Motion carried. The City Manager reported that this came about as the result of several recent cases relative to interpretation of what a fence is versus some other type of structure and what is covered under the fence ordinance. It is the desire of the Staff to send this on to the Planning Commission for review and study to give a clearer definition and interpretation of what a fence really is. 582 MOtJlqD CITY COUNCIL MINUTES- NOVEMBER 24, 1998 The City Planner submitted some pictures of some problem areas that many people call trellises, until the Staff applies the Zoning Code to it and the Zoning Code would say that what appears to be a trellis is indeed a fence, for lack of another definition within the Zoning Ordinance to classify it as anything other than a fence. He further explained that the trellises that we would be called fences in the pictures, wouldnot meet the requirements that the Code lays out for fences. Some of the trellises may appear not to be fences, but they are fences and the requirements for those would apply. The Planner explained that the fences or trellises in the pictures have also not received permits, which is another issue, lie recommended that this section of the Code be reviewed because the fence definition seems to be a blanket for structures within a yard that are not fences. He asked that the Council refer this to the Planning Commission for further review to see if there is a more acceptable way look at this trellis issue and other types of structures that are similar. Councilmember Hanus stated that another item to look at in the current code is the acceptable materials for fencing, which are listed specifically as chain link and wood. This would exclude wrought iron fencing, and the new PVC plastic fencing. He stated he does not necessarily agree with Staff's interpretation, but if the City goes with the current interpretation, we will have to issue building permits for all trellises, arbors, archways, etc. and if these structures are within 20 or 30 feet of the street, or within 50 feet of the lake, they are nonconforming which would then require variances. The Council also discussed fence or trellis size which could also be a problem if it becomes a barrier. Councilmember Elect Bob Brown stated he has done a little checking on the trellis versus fence concept. He stated he stopped at Home Depot and what they call the lattice type fencing is used for a trellis for ivy or growing things. MOTION made by Hanus, seconded by Jensen to refer the fence portion of the Zoning Ordinance to the Planning Commission for study, and redefinition of fence versus trellises. The Council asked that this be completed and back to the City Council by March of 1999. Councilmember Weycker stated that she knows letters have gone out to people who are in violation, or questionable on whether it is a trellis or a fence and she asked how these will be handled in the meantime? The Building Official stated he will take a relaxed approach on these until the Planning Commission makes recommendations and the Council decides on the ordinance. The Council asked that the Building Official notify these people of this action. The vote was unanimously in favor. Motion carried. Acting Mayor Ahrens returned to the Council. INFORMATION/MISCELLANEOUS: A. Financial Report for October 1998 as prepared by Gino Businaro, Finance Director. B. LMCD Mailings. 583 E. F. G. MOUND CITY COUNCIL MINU'IF~- NO~_.MBER 24, 1998 Memorandum from Jim Strommen, Kennedy & Graven and SRA attorney, re: Wireless Telecom Tower Siting-Virginia Beach Case. "Policy Informer" published by the National League of Cities. Planning Commission Minutes of November 9, 1998. Park & Open Space Commission Minutes of November 12, 1998. ' REMINDER; CITY OFFICES WILL BE CLOSED ON THURSDAY, NOVEMBER 26 AND FRIDAY, NOVEMBER 27 IN OBSERVANCE OF THE THANKSGIVING DAY HOLIDAYS. REMINDER; ANNUAL CHRISTMAS PARTY IS SCHEDULED FOR SUNDAY, DECEMBER 13, 1998, BEGINNING AT 6:30 P.M., AL & ALMA'S. Please RSVP to Jodi by December 8*. REMINDER; TRUTH IN TAXATION HEARING IS SCHEDULED FOR MONDAY, DECEMBER 7, 1998, 7:30 P.M. Continued hearing date is Monday, December 14, 1998. The City Manager reported that the City has been served with a lawsuit against the City by Bill & Dorothy Netka. The matter has been turned over to the City Attorney's office. MOTION made by Hanus, seconded by Jensen to adjourn at 8:15 P.M. The vote was unanimously in favor. Motion carried. ~~ar~J. Shukle, Jr., City Manager Attest: City Clerk 584 Bills November 24, 1998 Batch 8099 158,283.35 TOTAL BILLS 158,283.35 O~ ~o m ! 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