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1991-02-26 33 February 26, 1991 MINUTES - MOUND CITY COUNCIL - FEBRUARY 26, 1991 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, February 26, 1991, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and Phyllis Jessen. Councilmember Ken Smith was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, Attorney Curt Pearson, city Engineer John Cameron, Building official Jon Sutherland, Fire Chief Don Bryce and the following interested citizens: Judy Bryce, Richard Schaad, David & Ann Marie Langrud, Gary Strand, Geoff Michael, George Haugh, Greg Anderson, Mark Hanus, and Rick Lindlan. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Jensen, seconded by Ahrens to approve the minutes of the February 12, 1991, Regular Meeting with the following correction: In those present change the name of the Mayor from Steve Smith to Skip Johnson. The vote was unanimously in favor. Motion carried. 1.1 CASE #91-003: DAVID LANGRUDt 1717 AVOCET LANEt LOT 5~ BLOCK 8, DREAMWOOD~ PID ~ 13-117-24 21 0023, LOT SIZE AND SIDE YARD SETBACK VARIANCES TO ALLOW STRUCTURAL ALTERATIONS The Building official explained the request. In his review of the house it is substandard except for the foundation. The Planning Commission reviewed the request last night and their minutes were presented to the Council. On a 5 to 2 vote they recommended approval with the seven conditions suggested by the Building official and added three others. The Building official stated that a new survey was submitted by the applicant today which shows that the variance needed for the north property line setback is only .2 feet. The conditions recommended were as follows: Staff recommends approval of the variance as requested to afford the property owner reasonable use of his land, subject to compliance with the following conditions: 34 February 26, 1991 1) The complete crawl space be excavated to provide for adequate air circulation around the floor joist system. UBC Section 2516(a) requires a minimum of 18" to the bottom of wood joists or a minimum of 12" to the bottom of girders. 2) The crawl space be ventilated by an approved mechanical means per UBC Section 2516 (a). 3) Any exterior wall or ceiling that is modified and has plaster, Gypsum board or siding removed is to be insulated to current energy code for its specific component. 4) A heat lost calculation by a qualified mechanical contractor shall be submitted. 5) The central heating plant be thoroughly inspected and checked for proper operation by a qualified mechanical contractor who will supply a house heating test record form as supplied by the Building official. Properly sized duct work for supply and return air must be provided to each portion/ room of the house. 6) Included, but adequately addressed within the Building Code, that any and all structural modifications be properly designed and installed. 7) That all other aspects of the building that are modified be brought into compliance with current code as required by the Building Official. The Planning Commission recommended approval with the above 7 conditions and the following other stipulations: A current certificate of survey be provided showing the building location and setbacks from the lot lines. No variance for a garage be granted in the future due to the lot size. The City Attorney review the possibility of requiring a letter of credit or performance bond to ensure the work is completed; and if the project is not finished, what recourse would the City have. The Council discussed requiring a letter of credit or performance bond to make sure the project is finished. The City Attorney explained that it has not been city practice to require a performance bond when acquiring a Building Permit and to require this would not be treating everyone the same. 35 February 26, 1991 The Building Official pointed out that #1 of the stipulations the Planning Commission recommended is completed. The Council then discussed having a Truth in Housing requirement which would have exposed the problems with the undersized lot and the variances required before the people purchased the property. Councilmember Jensen stated that the Planning Commission is continuing to work on the Rental Housing Maintenance Code, the Housing Maintenance Code and the Truth in Housing requirements. Johnson moved and Ahrens seconded the following resolution: RESOLUTION #91-36 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATIONS TO APPROVE THE LOT SIZE AND SIDE YARD SETBACK VARIANCES TO ALLOW STRUCTURAL ALTERATIONS TO LOT 5, BLOCK 8, DRE/%MWOOD, PID %13-117-24 21 0023, 1717 AVOCET L~NE (P & Z CASE %91-003) The Council asked the the Staff recommendations 1-7 be incorporated into the resolution and #2 of the Planning Commission recommendations. The vote was 3 in favor with Jensen voting nay. Motion carried. 1.2 REOUEST FROM GARY STRAND TO CONNECT TO MOUND UTILITIES, LOT BLOCK 1, WOODVIEW ESTATES, MINNETRISTA The City Engineer explained that this area of Minnetrista has been platted into 5 large lots. Mr. Strand is proposing to split his Lot 5 into two lots and would like 2 sewer connections and 2 water connections from Mound. The City Engineer recommended denial of the request for water connections because Mound's watermain does not front on the subject property. He recommended approval of the two sewer connections contingent upon approval by the city of Minnetrista and the execution of the standard agreement. The connection charge for the two building sites would be $7,428.08. If the lot is not divided, one service would be $7,011.08. This does not include the SAC charges or other permits that may be required. Mr. Strand was present and stated that he was at a Minnetrista Meeting and they wanted him to check with the owners of Lots 3 & 4 to see if they also wanted to connect to Mound utilities. The city Engineer stated that those lots could not be connected to this line without extending the sewer line to those lots. 36 February 26, 1991 Jessen moved and Jensen seconded the following resolution: RESOLUTION #91-37 RESOLUTION TO APPROVE 2 SEWER CONNECTIONS FOR LOT 5, BLOCK 1, WOODVIEW ESTATES (MINNETRISTA) CONTINGENT UPON APPROVAL FROM THE CITY OF MINNETRISTA AND EXECUTION OF THE AGREEMENT BY ALL PARTIES The vote was unanimously in favor. Motion carried. 1.3 1990 DEPARTMENT HEAD ANNUAL REPORTS The following Department Heads presented their annual reports to the City Council: City Clerk Fran Clark; Fire Chief Don Bryce; and Building Official Jon Sutherland. The city Council thanked the Department Heads for their reports indicating their appreciation for the reporting process. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT Mike Mueller stated that the Greater Minneapolis Association of Realtors are in complete support of a Truth in Housing Code for cities. 1.4 SET PUBLIC HEARING FOR YEAR XVII (1991) URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GI~%NT PROGRAM MOTION made by Ahrens, seconded by Jensen to set April 9, 1991, for a public hearing on the Year XVII (1991) Urban Hennepin County Community Development Block Grant Program. The vote was unanimously in favor. Motion carried. 1.5 LICENSE RENEWALS The following licenses are up for renewal: Garbage Disposal Blackowiak & Son Westonka Sanitation Randy's Sanitation Woodlake Sanitation Cigarette A1 & Alma's Supper Club American Legion #398 Ben Franklin Brickley's Market Jubilee Foods Bob's Bait Meyer's Mound Service Mound Municipal Liquor PDQ Food Store #0292 SuperAmerica #4194 Thrifty White Drug #704 VFW #5113 37 37 February 26, 1991 There is also a request from the Northwest Tonka Lions for the following permits: Charitable Organization 3.2 Beer Permit Public Dance Permit (Please waive fee) Set-Up Permit (Please waive fee) MOTION made by Jensen, seconded by Jessen to approve the licenses & permits as presented above and issue above when all required forms, insurance, etc. have been returned. The vote was unanimously in favor. Motion carried. 1.6 PAYMENT OF BILLS MOTION made by Jensen, seconded by Ahrens to authorize the payment of bills as presented on the pre-list in the amount of $223,251.63, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS ae January 1991 Financial Report as prepared by John Norman, Finance Director. B. LMCD mailings. C. Park & Open Space Commission Minutes of February 14, 1991. D. Planning Commission Minutes of February 11, 1991. E. Economic Development Commission Minutes of January 31, 1991. Invitation from MWCC to attend breakfast meeting to discuss a draft of the updated MWCC Wastewater Treatment and Handling Implementation Plan (1990-2010) and 1992 budget information. Ge A goal setting session will be held on Saturday, April 6, 1991, starting at 8:00 A.M. in the Council Chambers. Reminder of Committee of the Whole Meeting March 19, 1991, 7:00 P.M. The Lake Area Mayors will be meeting on March 6, 1991, to discuss the LMCD Shoreland Management Ordinance. 38 February 26, 1991 ADD-ON 1.7 SET DATE OF PUBLIC HEARING MOTION made by Jessen, seconded by Jensen to set March 12, 1991, for a public hearing to consider a Conditional Use Permit to allow and oversize attached garage at 4757 Island View Drive. The vote was unanimously in favor. Motion carried. MOTION made by Jensen, seconded by Jessen to adjourn at 9:30 P.M. The vote was unanimously in favor. Motion carried. ~n~w~rd J. ~le, Jr. , City M~ager Frah'Cl~rk, CMC, City Clerk BILLS ...... FEBRUARY 26, 1991 BATCH 1021 BATCH 1022 158,337.47 64,914.16 223,251.63