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1992-09-22September 22, 1992 HINUTES - HOUND CITY COUNCIL - SEPTEMBER The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 22, 1992, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Phyllis Jessen and Ken Smith. Councilmember Liz Jensen was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Building official Jon Sutherland and the following interested citizens: Maxine Beissel, James Clark, Walter Wolfe, Orv Fenstad, Donald & Geraldine Swenson, Patrick Andre, Shirley & Vern Andersen, Michael Mueller, Dean & Julie Steffen, Dr. & Mrs. Dwight Gardstrom, Michael Garberick, Phyllis Mc Alpine, and Scott Kempf. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Jessen, seconded by Smith to approve the Minutes of the September 8, 1992, Regular Meeting, as corrected. The vote was unanimously in favor. Motion carried. 1.1 PRESENTATION OF CERTIFICATE OF RECOGNITION TO ELDO SCHMIDT, CHAIR, MOUND H.R.A. The Mayor presented a Certificate of Recognition to Eldo Schmidt for his years of outstanding service as a member of the Mound Planning Commission (1965-1968), Mound City Council (1969-1972), and the Mound Housing & Redevelopment Authority (1974-1992). 1.Z CERTIFICATE OF RECOGNITION - HERB PAULY - 100 YEARS OLD - PARTY OCTOBER 5, 199Z The Mayor read the Certificate of Recognition that will be presented to Herb Pauly on his 100th birthday, October 5, 1992. 1.3 REOUEST BY THE MASONIC LODGE TO BE REMOVED FROM THE CBD PARKIN~ MAINTENANCE PROGRAM The City Manager explained that he received a letter from the Mound Lodge No. 320, requesting that they be released from the CBD Parking Maintenance Program because of cost and stating that they receive no benefit from the program. He further stated that the zoning ordinance requires that this type of building is required to have 1 off-street parking space for each 3 seats. The occupancy load of this building is approximately 298 which means it must have 191 192 September 22, 1992 approximately 100 off-street parking spaces. The building currently has about 10 parking spaces. The Lodge was given a building permit with no variances because they were included in the CBD Parking Maintenance Program and could make use of the parking spaces provided in that program. Orv Fenstad, member of the Mound Lodge, stated the Lodge does not feel it benefits from the CBD Program. He stated that if the City would pave their lot they would stay in the CBD Program. Walt Wolfe, member of the Mound Lodge, stated it is his understanding that the Lodge is requesting release because the costs cut down on the amount they can contribute to local charities and they are not benefiting from the program. The City Attorney explained that the City cannot make improvements to private property, ie. paving the Lodge's parking lot. The City Manager explained that the CBD Committee has looked at the formula that is used to assess the costs and does not see any other way to allocate the costs. MOTION made by Smith, seconded by Jessen to deny the request of Mound Lodge #320 to be released from the CBD Parking Maintenance Program due to zoning ordinance requirements for parking at the building. A roll call vote was unanimously in favor. Motion carried. 1.4 PUBLIC HEARING: CASE ~92-048: VACATION OF A STREET EASEMENT LOCATED AT 2615 HALSTEAD LANE, LOT 1, BLOCK 1, WOODCREST OF MOUNDt PID ~23-117-24 Z$ 002Zt SHARON WEBB The Building Official explained the request. He reviewed the letter submitted by the City Engineer which stated that the easement is located on the westerly part of this lot while the driven road and utilities are located on the east side of the platted right-of-way. Therefore the City Engineer recommended vacating the easement. The City Attorney suggested that the following language be added to the proposed resolution after the description of the easement: "The City specifically retains to itself the drainage and utility easements as set forth in the plat of Woodcrest of Mound as it relates to Lot 1, Block 1, Woodcrest of Mound." The Mayor opened the public hearing. Mayor closed the public hearing. There were no comments. The Jessen moved and Smith seconded the following resolution: 192 SeDtember 22, 1992 RESOLUTION %92-118 RESOLUTION TO APPROVE THE VACATION OF A STREET EASEMENT AT LOT 1, BLOCK 1, WOODCREST OF MOUND, RETAINING DRAINAGE ~NDUTILITY EASEMENTS AS SET FORTH IN THE PLAT OF WOODCREST OF MOUND, PID %23-117- 24 23 0022, 2615 HALSTEAD LANE, P & Z CASE %92-048 The vote was unanimously in favor. Motion carried. 1.5 CASE t92-049: PHYLLIS MC ALPINE, 4621 WILSHIRE BLVD., LOTS 1-7, BLOCKS 2 & 3, NYCHWOOD, PID t19-117-23 32 0018, VARIANCE TO CONSTRUCT GARAGE The Building Official explained the request. Commission recommended approval. The Planning Smith moved and Ahrens seconded the following resolution: RESOLUTION %92-119 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF A CONFORMING DETACHED GARAGE AT 4621 WILSHIRE BLVD., LOTS 4,5,6, AND 7, IN BLOCK 3, AND LOTS I AND 2 IN BLOCK 2, TOGETHER WITH THAT PART OF VACATED SUSSEX LANE, ~YCHNOOD, PID %19-117-23 32 0018, P & Z CASE %92-049 The vote was unanimously in favor. Motion carried. 1.6 CASE #92-051: HARRISON BAY MOBIL (PAT ANDRE). 4831 SHORELINE DRIVE, LOTS 1-4. BLOCK 1, SHIRLEY HILLS UNIT A, PID ~13-117-24 44 0014, SIGN VARIANCE The Building Official explained the request. Commission recommended approval. The Planning Ahrens moved and Smith seconded the following resolution: RESOLUTION %92-120 RESOLUTION TO APPROVE A SIGN SETBACK VARIANCE FOR HARRISON BAY MOBIL AT 4831 SHORELINE DRIVE, LOTS i TO 4 INCLUSIVE AND LOTS 20 AND 21, AND THAT PART OF THE VACATED ALLEY, BLOCK 1, SHIRLEY HILLS UNIT A, PID %13-117-24 44 0014, P a Z CASE %92-051 The vote was unanimously in favor. Motion carried. 193 September 22, 1992 1.7 CASE ~92-052= DONALD SWENSON, 4857 ISLAND VIEW DRIVE, LOTS 5 & 6. BLOCK 14. DEVON. PID #25-117-24 11 0038, VARIANCE TO CONSTRUCT A mEW H01~ The Building Official explained the request. Commission recommended approval on a 6-2 vote. The Planning Smith moved and Jessen seconded the following resolution: RESOLUTION %92-121 RESOLUTION TO APPROVE SETBACK V~RIANCES TO ~LOW CONSTRUCTION OF A MW SINGLE FAMILY D~ELLING AT 4857 IS~ VIEW DRIP, ~TB 5 ~ 6, B~CK 14, DEVON, PID %25-117-24 11 0038, P & S CASE %92-052 The vote was unanimously in favor. Motion carried. 1.8 CASE ~92-053= MAXINE BEISSEL, 1720 DOVE LANE, LOTS 7-9, BLOCK 12, PID #13-117-24 13 0006, MINOR SUBDIVISION The Building Official explained the request. The Planning Commission recommended denial based on the following: the subdivision does not constitute an ideal lot arrangement due to the stacking of the proposed homes on the parcels; over utilization of the property. Realtor, Mike Mueller, was present and stated that the proposal meets the criteria and all the requirements for a legal minor subdivision, with no variances required. The Council discussed the proposed subdivision taking special note of the configuration of the proposed lots. They suggested that the lots be split some other way to make a better lot configuration. MOTION made by Smith, seconded by Jessen to direct staff to prepare a resolution of denial. The Council asked if the applicant would like to have this item tabled so that they can try to come up with another plan. The applicant stated that she would rather have it tabled than denied. Councilmembers Jessen and Smith withdrew there seconded and motion. MOTION made by Ahrens, seoondedbyJohnson to table this item. The vote was unanimously in favor. Motion carried. 194 ]95 September 22, 1992 1.9 case ~92-o54: MICHAEL GARBERICKt 1586 BLUEBIRD LANEt LOTS 14 & 15, BLOCK 5, WOODLAND POINT t PID ~12-117-24 43 0068, V~RIANCB TO EXPAND DETACHED GARAGE The Building Official explained the request. Commission recommended approval. The Planning Smith moved and Ahrens seconded the following resolution: RESOLUTION #92-122 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING ~DDITION ONTO a CONFORMING DETACHED GARAGE AT 1586 BLUEBIRD LANE, LOTS 14 & 15, BLOCK 5, WOODLAND POINT, PID #12-117-24 43 0068~ P & Z CaSE %92- 054 The vote was unanimously in favor. Motion carried. 1.10 CASE #92-055: MARY MON]~HAN & DAN MORBETHt 1901 LAKESIDE LANEt LOT 14t BLOCK 11~ BHADYWOOD POINTt PID ~18-117-23 23 0059~ VARIANCE TO aDD DECK The Building Official explained the request. Commission recommended approval. The Planning Ahrens moved and Jessen seconded the following resolution: RESOLUTION #92-123 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING NONCONFORMING SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING DECK AT 1901 L~KESIDE LANE, LOT 14, BLOCK 11v SHADYWOOD POINT, PID #18-117-23 23 0059, P & Z CaSE %92-055 The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.11 CONSIDERATION OF REVOCATION OF DOCK LICENSE - DOCK SITE ~20890~ JANE & SCOTT KEMPF The Building Official stated that the Park Commission has recommended that this dock be removed by the weekend of 9-14-92 and that next spring a new dock be installed that meets all specifications. 195 September 22, 1992 Scott Kempf was present and stated that the dock has been removed and a new one will be installed in the spring. He stated that it appeared a boat had rammed it and he was not aware it was in the condition it was. MOTION made by Jessen, seconded by Johnson to concur with the Park & open space Commission on their recommendation as stated above. The vote was unanimously in favor. Motion carried. 1,12 CONSTRUCTION ON PUBLIC LANDS PERMIT APPLICATION FOR A STAIRWAY BY DWIGHT & VIRGINIA GARDSTROMf 2867 CAMBRIDGE LANE The Building Official explained the request. The Park & Open Space Commission recommended approval. Ahrens moved and Smith seconded the following resolution: RESOLUTION %92-124 RESOLUTION TO APPROVE A CONSTRUCTION ON PUBLIC L~,NDS PERMIT FOR CONSTRUCTION OF A STAIRWAY ON BRIGHTON CONNONS ABUTTING 2867 C/~.BRIDGE LANE; LOT 12; BLOCK 37; WYCHWOOD; DOCK SITE %51525 The vote was unanimously in favor. Motion carried. 1.13 CONSTRUCTION ON PUBLIC~NDS PERMIT APPliCATION FOR A STAIRWAY BY DEAN & JULIE STEFFEN; 2873 CAMBRIDGE LANE The Building Official explained the request. The Park & Open Space Commission recommended approval. Smith moved and Ahrens seconded the following resolution: RESOLUTION #92-125 RESOLUTION TO APPROVE A CONSTRUCTION ON PUBLIC LANDS PERMIT FOR CONSTRUCTION OF A STAIRWAY ON BRIGHTON COMMONS ABUTTING 2873 CAMBRIDGE LANE, LOTS 8 & 9, BLOCK 37, WYCHWOOD; DOCK SITE %51495 The vote was unanimously in favor. Motion carried. 1.14 PAYMENT REQUEST J3 - 1992 LIFT STATION IMPROVEMENT - GRIDOR CONSTRUCTION - $79t475.33 The city Manager explained that the City Engineer has recommended approval of this payment request. 196 SeDtember 22, 1992 MOTION made by Johnson, seoonded by Smith to approve Payment Request 93 from Gridor Construction, in the amount of $79,475.33, for the 1992 Lift Station Improvement. The vote was unanimously in favor. Motion carried. 1.15 CHANGE ORDER ~2 - 1992 LIFT STATION IMPROVEMENT - GRIDOR CONSTRUCTION The city Manager explained that this change order covers extra work at Stations A-2 and C-5 and a credit for piping eliminated in the four wet well stations. The City Engineer has recommended approval. Johnson moved and Smith seconded the following resolution: RESOLUTION #92-126 RESOLUTION TO APPROVE CHANGE ORDER %2 IN THE AMOUNT OF $1,924.52, TO GRIDOR CONSTRUCTION FOR THE 1992 LIFT STATION PROJECT The vote was unanimously in favor. Motion carried. 1.16 PAYMENT OF BILLS MOTION made by Smith, seconded by Jessen to authorize the payment of bills as presented on the pre-list in the amount of $90,623.46, when funds are available. A roll call vote was unanimously in favor. Motion carried. ADD-ON ITEMS 1.17 SET PUBLIC HEARING DATES MOTION made by Ahrens, seconded by Jessen to set October 13, 1992, for a public hearing to consider a Conditional Use PermitAmendment for the Toro Company at 5330 Shoreline Drive to allow construction of an accessory structure consisting of a bullet heater test building. The vote was unanimously in favor. Motion carried. 1.18 MOTION made by Ahrens, seconded by Smith to set October 13, 1992, for a public hearing to consider a Conditional Use Permit Amendment for the Teen Club at 2313 Commerce Blvd. to allow a pool table and 13 video machines on the main floor. The vote was unanimously in favor. Motion carried. The city Manager reported that he has contacted Minnegasco about the proposed rate increase and was told the distribution system expense is the reason for the increase. 197 198 September 22, 1992 INFORMATION/MISCELLaNEOUS ae August 1992 Monthly Financial Report as prepared by John Norman, Finance Director. B. LMCD Mailings. C. Planning Commission Minutes of September 14, 1992. D. Park & Open Space Commission Minutes of September 10, 1992. E. Memo from Recycling Coordinator regarding brush disposal. Fe REMINDER: Committee of the Whole (COW) Meeting is to be held Tuesday, September 29, 1992, 7:30 P.M. The main agenda item will be a detailed discussion on the Shoreland Management Ordinance. If time allows, other items will be discussed. Go REMINDER: Emergency Preparedness Meeting, Tuesday, September 29, 1992, 3:00 P.M., Mound City Hall. Plan to attend, if you can. He REMINDER: Hennepin County Household Hazardous Waste Collection Days scheduled for Friday, September 25 and Saturday, September 26, at the Hennepin County Public Works Garage, Spring Park. REMINDER: Reception for John Norman, Thursday, October 1, 1992, 3:00 P.M., City Hall. Jo Invitation from Metropolitan Council Chair Mary E. Anderson to attend the annual Regional Breakfast Meeting to be held Tuesday, September 29, 1992, at 7:30 A.M., at Boston Subway, 1019 Main St., Hopkins. Please let Fran know by September 24, 1992, if you plan to attend. The cost is $6.00. MOTION made by &hrens, seconded by Jessen to adjourn at 9:30 P.M. The vote was unanimously in favor. Motion carried. ~N~d-~.~SF~Ukle, Jr., City Manager Attest: city 198 BILLS. --September 22, 1992 Batch 2092 $90,623.46 TOTAL BILLS $90,623.46