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1992-11-24°$9 November 24, 1992 MTNUTES - MOUND CTTy COUNCIL - NOVEMBER 24, L992 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 24, 1992, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Phyllis Jessen, Liz Jensen and Ken Smith. Andrea Ahrens was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., Finance Director Gino Businaro, Acting Clerk Linda Strong, City Attorney Curt Pearson, City Planner Mark Koegler, Building Official Jon Sutherland and the following interested citizens: Linda and Terry Olson, Kris Huspek and David Olson and Kevin Olson of Weebelos Den 4, Duane Werner, Tom Sachariason, Michael Mueller, Peggy Heck, Roger Stephanson, Howard Barrett, Michael Gilbertson, Lori Phernetton, Bill Meyer, James Clark, Bob and Maxine Beissel, Parker Hodges and Denny Flack. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited assisted by Weeblo Scouts Den 4. City Manager Ed Shukle introduced the City's new Finance Director, Gino Businaro to the Council. Council welcomed him to the staff. RECYCLOTTO WINNER Mayor Johnson announced that Duane Werner, 2888 Highland Blvd., had won 150 Westonka Dollars for the week of November 10th. He was in attendance and received his winnings. The Mayor also mentioned Mrs. Metzer of Fairview Lane had won 50 Westonka Dollars for the week of November 16th. There was no winner the week of November 24th. 1.0 MINUTES MOTION made by Smith, seconded by Jensen to approve the Minutes of the November 10, 199Z, Regular Meeting. The vote was unanimously in favor. Motion carried. 1.1 CONTINUED PUBLIC HEARING: PROPOSED ZONING CODE MODIFICATIONS AND PROPOSED SHORELAND MANAGEMENT ORDINANCE. Mark Koegler, City Planner, updated Council on the Shoreland Ordinance and Zoning Code Modification. The ordinance is being implemented into the zoning code. During this process, inconsistencies and duplications have been discovered. Mark stated that the DNR has extended the approval deadline until May 10, 1993. Mark suggested that the public hearing be continued until January 1993 to allow for a completely updated comprehensive plan. Mark informed Council of the items of concern that the Planning 239 240 November 24, 1992 Commission felt needed work; lot sizes, fence ordinance and sheds. Mayor Johnson opened the public hearing and asked if there was anyone present who wished to speak. Michelle Stutsman, 2173 Cardinal Lane, asked about platted unimproved streets. Jon Sutherland, Building official, informed Ms. Stutsman that this item was not covered within the proposed ordinance and recommended she speak with City staff. Council discussed the placement of sheds and how this is regulated and indicated they be placed in the least conspicuous area within setbacks. Denny Flack, 1609 Bluebird Lane, asked Council about lock boxes on the commons. Mayor Johnson stated that no structure was allowed on the commons without a Construction on Public Lands permit being issued, nothing will be allowed on the Commons without a permit. Councilmember Smith stated that wording is to be added to Section 1200.20, subd. 3.B2. regarding the use of lock boxes only on private lakeshore. Lot sizes were discussed. Bill Meyer, 6601 Bartlett Boulevard, spoke with Council regarding the redevelopment of Mound in the next 100 years. He stated that economic conditions could lead to more subdivisions and smaller lots and the planners of Mound should be aware and hopefully prevent this. As chair of the Planning Commission, Bill spoke regarding the commission's split decisions on this item. Michael Mueller, 5910 Ridgewood Road, and a Planning Commission member stated he was against requiring larger lots. Jim Clark, 1665 Bluebird Lane, asked Council about his lot which is 9600 square feet and subdividing into 3 lots at 3200 square feet each. Council discussed the possibility of lot sizes being in increments of 3200 square feet, i.e., 6400, 9600, because of the grid system used in originally laying out the lots. Legality was discussed in changing lot size requirements. No action was taken by Council and consensus was to extend public hearing until January 26, 1993 regular council meeting. MOTION by Smith and seconded by Jessen to continue the Public Hearing on the Proposed Zoning Code Modifications and Proposed Shoreland Management Ordinance until January 26, 1993 regular Council meeting. The vote was unanimously in favor. Motion carried. 1.Z PUBLIC HEARING= CASE ~9Z-066: APPLICATION FOR A CONDITIONAL USE PERMIT FOR A WHOLESALE AND ASSEMBLY OPERATION IN THE I-1 INDUSTRIAL ZONING DISTRICT CONSISTING OF DESIGN AND MANUFACTURING OF ARTWEARAND JEWELRY BY P. HECK DESIGN AT 5571 LYNWOOD BLVD. City Planner, Mark Koegler, summarized this item stating there was 240 241 November 24, 1992 no negative impact on the surrounding businesses, the proposed use is consistent with the zoning code and staff recommended approval. Mayor Johnson opened the public hearing. There was no one present who wished to speak, the Mayor closed the public hearing. Peggy Heck, owner, was present and stated she was not a retail store, but would like to have occasional sample sales. Smith moved and Jensen seconded the following resolution: RESOLUTION %92-151 RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW THE ASSEMBLY/STORAGE OF GLASS AND POTTERY FOR P. HECK DESIGNS AT 5571 LYNWOOD BLVD., KOEHLER'S ADDITION TO MOUND, PID %13-117-24 33 0073, P&Z CASE %92-066. The vote was unanimously in favor. Motion carried 1.3 CASE #92-053: REQUEST FOR MINOR SUBDIVISION, M~XINE BEISSEL, 1720 DOVE LANE, LOT 7-9, BLOCK 12, PID %13-117-24 13 0006. City Planner, Mark Koegler, updated Council on this item stating that the Planning Commission recommended denial. Council had tabled this version of the division stating the land could be divided in a different configuration to be more appealing. Mark presented another division arrangement, allowing for only a 20' wide house on one of the lots. After much discussion, Council consensus was to deny the request. Jessen moved, Johnson seconded the following motion: MOTION to direct Staff to prepare a resolution to deny the request for minor subdivision of 1720 Dove Lane, Lot 7-9, Block 12, PID %13-117-24 13 0006. The vote was unanimous, motion carried. 1.4 CASE #92-067= REQUEST FOR MINOR SUBDIVISION, RONALD NERAASEN OF 4725 BEDFORD ROAD AND ROBERTA J.NELSON OF 4739 BEDFORD ROAD, WYCHWOOD, BLOCK 13, LOTS 5-8 AND 24-28, PID %19-117-23 32 0143 AND City Planner Mark Koegler updated Council stating that the applicant is proposing a minor subdivision to modify a lot line between the subject parcel and the residential property lying immediately to the east. The new line will remove an existing jog that occurs between the two property ownerships. Parcel A will contain 10,438 square feet and Parcel B will have 17,717 square feet. Both property owners are aware of a title defect and that their signatures are required on the resolution and that the resolution must be recorded as such with the county. 241 242 November 24, 1992 Smith moved, Jessen seconded the following resolution: RESOLUTION #92-152 RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR LOTS 5, 28 AND 27, BLOCK 13 WYCHWOOD, AND'LOTS 6, 7, 8, 24, 25, AND 26, BLOCK 13, WYCHWOOD, PID'8 19-118-23 32 0143 & 0144, 4725 AND 4739 BEDFORD ROAD, CASE #92-057. The vote was unanimously in favor. Motion carried. 1.5 CASE NO. 92-068: MIKE GILBERTSON, 4350 #ILSHIRE BLVD., FIRST REARRANGEMENT OF PHELPS ISLAND PARK FIRST DIVISION, LOTS 78 AND 79, PID #19-117-23 13 0010. Council discussed this item with the applicant, Mike Gilbertson. He has a shed located actually on county property. The shed is full of personal items and the applicant intends to remove the shed after the garage is built. Council wanted assurance that the shed will be removed. The resolution was amended to include the conditions to revoke the building permit if the shed is not totally removed by May 1, 1993. Mr. Gilbertson accepted this condition. Smith moved and Jessen seconded the following resolution: RESOLUTION #92-153 RESOLUTION APPROVING VARIOUS SETBACK VARIANCES TO ALLOW CONSTRUCTION OF A GARAGE ADDITION AND A DECK AND APPROVING A FENCE HEIGHT VARIANCE FOR 4350 WILSHIRE BLVD., LOT8 78 AND 79, THE FIRST RE- ARRANGEMENT OF PHELP'S ISLAND PARK 1ST DIVISION, AS AMENDED, PID #19-117-~ 13 0010, P&Z CASE %92-068. ~ The vote was unanimously in favor. Motion carried. 1.6 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Lori Phernetton, 1935 Shorewood Lane, came before council with photographs of her neighbor's gravel driveway that has washed into her driveway. She had asked the neighbor to remove the runoff, he refused, she then called the city. The City removed it. This has happened three times and the City had cleaned it up all three times. She had other complaints about the neighbor. City Attorney Curt Pearson suggested a mediation service that is available to the public. No action was taken by Council. 1.7 APPROVAL OF 1993 DOCK FORMS city Manager Ed Shukle stated that minor changes had been made and 242 November 24, 1992 they are: Dock License Application. The last three words within the first paragraph should read, "by March 31." 2. Dock Program Information. No changes Letter to Dock License Applicant. first paragraph to February 28, number 3, remove "tires". Change the date in the 1993. On page two, Notice. A copy of the City Code Section 320 has been added as page two of the Notice. 5. Mooring Buoy License Application. No Changes 6. Commercial Dock License Application. No Changes Memorandum to Dock License Holder. A change within the 4th paragraph, "The area must be free of litter, debris and aquatic vegetation _A ~^vc~~v... ~k~ A ~ater which has accumulated on the shoreland. The Parks and Open SPace Commission has recommended approval on the 1993 Dock License Application. MOTION by Smith, seconded by Jessen to approve the 1993 Dock License Application as presented and amended. The vote was unanimously in favor. Motion carried. 1.8 APPROVAL OF THE 1993 DOCK LOCATION MAP. City Manager Ed Shukle stated that the map is unchanged from 1992. The Parks and Open Space Commission recommended approval. Smith moved and Johnson seconded the following resolution: RESOLUTION %92-154 RESOLUTION CONCURRING WITH THE PARKS AND OPEN SPACE COMMISSION AND APPROVING THE 1993 DOCK LOCATION MAP AS SUBMITTED. The vote was unanimously in favor. Motion carried. 1.9 APPLICATION FOR CONSTRUCTION ON PUBLIC LANDS FOR ROGER STEPHANSON, AT 4601 ISLAND VIEW DRIVE, BLOCK 1, LOT 7, DEVON, FOR MASONRY RETAINING WALL. Building Official Jon Sutherland stated the applicant wanted to do a minor modification to the stairway landing he constructed 243 244 November 24, 1992 according to Resolution #92-62 and build a retaining wall for this stair landing. Parks and Open Space Commission recommended approval providing this resolution ran concurrent with the 92-62 resolution and both expired in five years. Jessen moved and Smith seconded the following resolution: RESOLUTION #92-155 RESOLUTION TO &PPROVE & CONSTRUCTION ON PUBLIC LANDS PER~IT FOR $ YEARS RENEWABLE TO ALLOW CONSTRUCTION OF A RETAINING WALL ON DEVON COMMONS ABUTTING 4601 ISLAND VIEW DRIVE, BLOCK 1, LOT 7, DEVON, DOCK SITE #41170. The vote was unanimously in favor. Motion carried. 1.10 RESOLUTION TO CANVASS THE RECOUNT OF THE~AYORALRACE FROM THE NOVEMBER 3, 1992 GENEP~L ELECTION. city Manager Ed Shukle stated that after the recount, the vote difference remained at 19. Jensen moved and Smith seconded the following resolution: RESOLUTION #92-156 RESOLUTION TO CANVASS THE RECOUNT OF THE MAYORAL I~CE FROM THE NOVEMBER 3, 1992 GENERAL ELECTION. The resolution passed with a 3-0 vote, Mayor Johnson abstained. 1.11 PAYMENT OF BILLS MOTION by Smith, seconded by Jessen to authorize payment of bills as presented on the pre-list in the amount of $143,716.01, when funds are available. A roll call vote was unanimously in favor. Motion carried. ADD-ON 1.12 KNUTSON SERVICES city Manager referred to an add-on item regarding Knutson Services, Inc., the company that does the recycling in Mound and five other cities. They are on contract until 12-31-94, however, they would like to increase the per household charge through the end of the contract by ten cents. No action was taken. The City Manager will check into the legal aspect. COMMITTEE OF THE WHOLE MEETING coUncil consensus was to cancel the Committee of the Whole meeting scheduled for December 14, 1992. 244 145 November 24, 1992 GOAL SETTING Mayor Johnson requested that goal setting be on the first agenda in January 1993. INTERVIEWS city Manager Ed Shukle reminded Council of the joint interviews coming up for the Parks and Open Space Commission on December 10th at 7 PM, and the EDC interviews on December 17th at 7 AM. 1.13 INFORMATION/MISCELLANEOUS Reminder: Thanksgiving Holiday, Thursday, November 26th and Friday, November 27th, City Hall will be closed. Be Reminder: 1993 Budget Hearings are scheduled for Wednesday, December 9, 1992 and Wednesday, December 16, 1992 at 7:30 PM, City Hall. Co Reminder: Annual City of Mound Christmas Party is scheduled for Friday, December 18, 1992, Mound American Legion. Letter from DNR RE: Grant Agreement. Extension of Shoreland Adoption E. LMCD Mailings F. Planning Commission Minutes of November 9, 1992 Park and Open Space Commission Minutes of November 12, 1992. MOTION by Smith, seconded by Johnson to adjourn meeting at PM. The vote was unanimously in favor. Motion carried.  _ ~n . C i~y~Ma~ager / Attest: Acting City C~rk BILLS, .November 24, 1992 BATCH 2112 $143,716.01 TOTAL BILLS $143,716.01