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1991-03-2649 49 March 26, 1991 MINUTES - MOUND CITY COUNCIL - MARCH 26, 1991 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 26, 1991, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, Attorney Curt Pearson, Building official Jon Sutherland, Police Chief Len Harrell, Finance Director John Norman, Liquor Store Manager Joel Krumm, and the following interested citizens: Tom & Sandi Effertz, Mark Hanus, Brent Thomton, Sharon Ressler, Roxanne Ritenour, Jeffrey Ritenour, Dwight Ritenour, Dennis L. Palm, Greg Anderson, Mark Pacholke and Tom Casey. 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 March 12, 1991, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. MOTION made by Smith, seconded by Jensen to approve the minutes of the March 19, 1991, Committee of the Whole Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 CASE ~91-002: TOM EFFERTZ, 4757 ISLAND VIEW DRIVE, LOT 11, BLOCK 7, DEVON, PID ~30-117-23 22 0059. CONDITIONAL USE PERMIT (CUP) FOR OVERSIZED ACCESSORY BUILDING. The Building Official reported that the Planning Commission recommended approval with the suggestion that the garage be a maximum of 1000 square feet instead of the 1260 square feet as requested. The Planning Commission approved because: a. no variances were required; b. other garages in the area are equal to or greater in size than the request; c. met the criteria for a CUP. The Planning Commission has not taken any action on this section of the Code to allow this without a CUP. 50 March 26, 1991 There was discussion at the Planning Commission on increasing the allowable accessory building size from 10% to 15% of the lot area with a maximum of all structures to be no more than 30% of lot area. Mayor Johnson referred to the LMCD Lake Minnetonka Management Plan - C. Lake Minnetonka Shoreland Standards and Criteria - U.2) "Impervious surface coverage of lots should not exceed 25 percent of the lot area without an approved stormwater management plan." The lot is 7,479 square feet and if the Commons is added (1600 square feet) 9,079 square feet. The Council questioned requiring Conditional Use Permits in residential areas because most of the criteria relates to business or commercial areas. The Planning Commission decided on the CUP not a variance at this time because according to the ordinance it is a CUP. The City Attorney pointed out that only items #6 & 7 of the criteria really relate to this case. After considerable discussion the Council decided that the garage should be a maximum of 840 square feet. The Commons would not be considered part of the lot area. The applicant was present and agreed to the conditions. Jessen moved and Smith seconded the following resolution: RESOLUTION %91-41 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF AN OVERSIZE ACCESSORY BUILDING AT 4757 ISLAND VIEW DRIVE, LOT 11, BLOCK 7, DEVON, PID %30-117-23 22 0059, P & Z CASE %91-002 The vote was unanimously in favor. Motion carried. The Council then directed the Planning Commission to take out the Conditional Use verbiage in the accessory building section of the ordinance for residential districts. This should be done in conjunction with the Planning Commission's review of the percentage of lot area discussions and the increase in maximum size of accessory buildings. 1.2 CASE ~91-004: BRENT & GAYLE THOMTON, 6343 BAYRIDGE ROAD, W. 45' OF THAT PART OF LOTS i & 2, BLOCK 2, BAYRIDGE, PID #23- 117-24 33 0009, VARIANCE: INADEQUATE STREET FRONTAGE 51 51 March 26, 1991 The Building Official explained that this property does not abut on a public right-of-way but has a shared driveway. The Planning Commission recommended approval with the following conditions: 1. The proposed garage addition be shown on the survey. The applicant supply the City with a copy of the easement to Bayridge Road and this easement be reviewed by the City Engineer and City Attorney with the applicant responsible for any additional fees in excess of the variance review fee. The Building Official stated that the Easement was just received from the applicant and will need to be reviewed per the second condition. The applicant was present and agreed with the conditions. Jensen moved and Smith seconded the following resolution: RESOLUTION %91-42 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE A LOT FRONTAGE AND SIDE YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A GARAGE ADDITION FOR THE WEST 45 FEET OF THAT PART OF LOTS 1 AND 2, BLOCK 2, BAY RIDGE, PID %23-117- 24 33 0009 (6343 BAYRIDGE ROAD), P & Z CASE %91-004 The vote was unanimously in favor. Motion carried. 1.3 CASE #91-005: JEFF & ROXANNE RITENOUR, 5656 BARTLETT BLVD., BLOCK 9, LOT 11 TO 16t MOUND BAY PARK, PID #23-117-24 14 0027, VARIANCE: TO A NON CONFORMING PROPERTY, AND A VARIANCE OF 18.5' TO THE REQUIRED 30' FRONT YARD SETBACK FOR THE ADDITION OF AN ATTACHED GARAGE The Building Official explained that the Planning Commission voted 5-2 to deny the request. The Staff position is that the property is nonconforming by reason of inadequate front yard setback, and in addition the lowest floor (basement) is 1.95' below the minimum lowest floor elevation allowed by City Code Section 300:15, Subd. 9a., which requires a minimum building elevation of not less that 933.5' on any lots riparian to Lake Minnetonka. Zoning Code Section 23.404, Subd. 7, states normal maintenance non structural repairs and incidental alterations are permitted that do not extend the nonconforming use. 52 March 26, 1991 He further stated that construction and interior demolition was started prior to obtaining the required permits. Mr. Dennis Palm, attorney representing the Ritenour's, stated the following: Ritenour's rent in St. Louis Park. The house was advertised as a handyman's special. A bank had foreclosed on the house. Ritenour's got financing and closed. The day after closing Mr. Ritenour took down some interior walls. Mr. Ritenour came to get permit and was told of the variance. The Building official asked that elevations be noted on the survey to determine the elevation of the basement floor and the proposed addition. Mr. Palm questioned the use of Section 300:15, Subd. 9a. which relates to lots riparian to Lake Minnetonka. The Council discussed the elevation of the basement floor and using a hold harmless if the City grants the variance. The City Attorney stated a hold harmless would have to be agreed to by the Ritenour's and their mortgage company. The Building Official stated that the Sewer & Water Superintendent has asked that the applicant locate and pump the septic tank and then have it filled with sand to the existing ground level. He also pointed out that if the basement floor is raised the sewer and water connections would also have to be rectified. The City Attorney suggested that if the Council was considering granting this variance, he would like to have time to prepare a resolution with all the conditions and go over them with the Ritenour's and their attorney. MOTION made by Ahrens, seconded by Jensen to table this item until later in the meeting. The vote was unanimously in favor. Motion carried. 1.4 1990 DEPARTMENT HEAD ANNUAL REPORTS The following Department Heads presented their annual reports to the City Council: Police Chief Len Harrell; Liquor Store Manager Joel Krumm; and Finance Director John Norman. The City Council thanked the Department Heads for their reports indicating their appreciation for the reporting process. 53 March 26, 1991 1.3 CASE #91-005: JEFF & ROXANNE RITENOUR, 5656 BARTLETT BLVD., BLOCK 9, LOT 11 TO 16, MOUND BAY PARK, PID ~23-117-24 14 0027, VARIANCE: TO A NON CONFORMING PROPERTY, AND A VARIANCE OF 18.5' TO THE REQUIRED 30' FRONT YARD SETBACK FOR THE ADDITION OF AN ATTACHED GARAGE The Council brought this item back from the table. The city Attorney presented the proposed resolution which read in part: WHEREAS, Jeffrey & Roxanne Ritenour have purchased property located at 5656 Bartlett Blvd. and said property needs substantial renovation and improvements; and WHEREAS, the structure is located 11 1/2 feet at its nearest point to Bartlett Blvd. and the ordinance requires a 30 foot setback in the front yard, but the side and rear yard setbacks meet code; and WHEREAS, Section 300:15, Subd. 9a. of the city Code prohibits construction lower than 933.5 MSL, 1929 datum, and this basement was constructed in approximately 1910 at 931.55 and is 1.9 feet below the required elevation; and WHEREAS, the requested variances have been reviewed by the Planning Commission who have recommended by a 5-2 vote that the variance not be granted because the basement elevation is too low to meet Section 300:15, Subd. 9 a. of the Code; and . WHEREAS, the applicants have advised the City Council that they are willing to raise the basement floor to meet the minimum elevation if the variances are granted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: The existing location of the house requires an 18.5 foot variance to the front yard setback from the street. Said variance is granted so the home can remain 11.5 feet from the street. The applicant is authorized to construct an attached garage as set forth on the survey marked "Revised 3/5/91". The applicant shall obtain all necessary building permits and may proceed based on their representation and conditioned upon their raising the finished floor of the basement to an elevation a minimum of not less than 933.5 MSL, 1929 datum. 54 March 26, 1991 The applicant shall be subject to the following 7 conditions as set forth in the Building Official's report to the Planning Commission which are listed as follows: 1-7 items. The applicant shall also redo the sewer and water connections to the new basement floor at his own expense. The applicant shall meet all requirements of the Sewer and Water Dept. as set forth in a memo from Greg Skinner to Jon Sutherland, dated 3/12/91. 0 The applicant is authorized to raise the structure elevation to make the basement useable. The applicant agreed to the above. Jessen moved and Smith seconded the following resolution: RESOLUTION %91-43 RESOLUTION GRANTING VARIANCES TO PROPERTY LOCATED AT 5656 BARTLETT BLVD., LOTS 11 TO 16v BLOCK 9, MOUND BAY PARK, PID %23-117-24 14 002?, p & v. CASE %91- O05 The vote was unanimously in favor. Motion carried. 1.4 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Tom Casey, representative from the Earth Day Committee was present and informed the Council that another tree will be planted and dedicated this year on April 20, 1991, at Mound Bay Park. He then asked the Council what their plans were for the expansion of parking at Mound Bay Park. The city Manager stated that parking expansion was put on hold along with upgrading the Depot. The Council suggested that Mr. Casey talk to the Park Commission because any recommendation would come from them. Mr. Casey then stated that Mary Pacholke, who had been present earlier for Item 16 E. under Information/Miscellaneous, asked him to present a "Petition to Discontinue Mosquito Control Program on The Lake Langdon Area", signed by 27 persons. She asked that the city present this petition to the MMCD to permanently discontinue the mosquito control program for the Lake Langdon area. The Council discussed the request and directed the City Manager to 55 March 26, 1991 write a letter to Robert D. Sjogren, Director MMCD and state that the Council has received the Petition and is forwarding it to them. Further that the City Council is not taking a position on the petition. The Council has not surveyed the people on the petition or around Lake Langdon and does not claim to have everyone's opinion around Lake Langdon. 1.5 PROPOSED AMENDMENT TO ORDINANCE 546.50 - QUARANTINING OF AMIMALS The Police Chief explained he has prepared an ordinance amendment and a change in the policy on handling bite situations because he has had several cases where a dog bites a family member and the dog has to be removed and quarantined according to Section 546:50 of the city Code. The owners of the dogs have not been very happy and would like to home quarantine their animals. Some municipalities do allow this. The Council discussed the liability this puts the City in if the dog was to get loose and bite again or be lost and the additional responsibility it puts on the Police Department to decide who should or should not be allowed to home quarantine their dog. No action was taken on this item. 1.6 RECOMMENDED BUDGET CUTS TO MEET JULY LOCAL GOVERNMENT AID (LGA) CUT The City Manager reviewed the memo recommending 1991 Budget cuts to meet the July LGA cut ($39,705). He advised the Council that if there is an additional cut in the December 1991 LGA payment, we will again need analyze the budget and look at cutting service levels which translates into reduced staffing. Jessen moved and Jensen seconded the following resolution: RESOLUTION #91-44 RESOLUTION APPROVING 1991 BUDGET ADJUSTMENTS DUE TO LGA CUTS IN THE JULY 1991 LGA PAYMENT The vote was unanimously in favor. Motion carried. 1.7 APPROVAL OF LABOR CONTRACT BETWEEN THE CITY OF MOUND AND TEAMSTERS LOCAL #320, PUBLIC WORKS The City Manager reported that the 1989-90 Labor Contract between the City of Mound and Teamsters Local #320 (Public Works) has been resolved by mediation. The Union has ratified the Contract. There was, however, an error in the Wages for the Unit 56 March 26, 1991 Supervisors. The 1990 wages were $16.66 and should have been $16.85. This will have to be resolved in negotiations but the Council can approve the Contract with the Unit Supervisors rate at $16.66 per hour. Ahrens moved and Smith seconded the following resolution: RESOLUTION #91-45 RESOLUTION APPROVING THE LABOR CONTRACT BETWEEN THE CITY OF MOUND AND TEAMSTER'S LOCAL #3Z0 PUBLIC WORKS MAINTENANCE UNIT FOR THE PERIOD JANUARY 1, 1989 - DECEMBER 31, 1990 The vote was unanimously in favor. Motion carried. 1.8 RESOLUTION OF SUPPORT FOR SUBURBAN HENNEPIN PARKS LEGISLATION The City Manager explained that he has received a letter from Senator Gen Olson asking for the City's support for the House and Senate to establish the Suburban Hennepin Regional Park District (Hennepin Parks) Board of Commissioners as an all-elected seven member board with full autonomy to formulate and implement annual budgets for the park district. Jessen moved and Jensen seconded the following resolution: RESOLUTION #91-46 RESOLUTION SUPPORTING THE SUBURBAN HENNEPIN PARKS LEGISLATION The vote was unanimously in favor. Motion carried. 1.9 APPOINTMENT TO THE MOUND HOUSING AND REDEVELOPMENT AUTHORITY (HRA) TO FILL AN UNEXPIRED TERM The City Manager explained that when Don Ulrick retired and his term expired, Bob Polston was appointed to the term from 8/29/90 to 8/29/95. Mr. Polston is no longer interested in serving. Former Councilmember Gary Paulsen has expressed interest in serving out the unexpired term. Mayor Johnson recommended that Mr. Paulsen be appointed. Jessen moved and Smith seconded the following resolution: 57 57 March 26, 1991 RESOLUTION #91-47 RESOLUTION TO APPOINT GARY PAULSEN TO THE MOUND HRA FOR THE UNEXPIRED TERM VACATED BY BOB POLSTON - TERMS EXPIRES 8/29/95 The vote was unanimously in favor. Motion carried. 1.10 LICENSE RENEWALS The following licenses expire on April 1 and are up for renewal. Tree Removal Aaspen Tree Service Robert F. Dahlke Eklunds Tree Service Emery's Tree Service Lutz Tree Service, Inc. Shorewood Tree Service Sutherland's Nursery & Tree Hawker/Food Vendor Blue Bell Ice Cream Commercial Dock A1 & Alma's Supper Club Chapman Place Association Minnetonka Boat Rental MOTION made by Jessen, seconded by Ahrens to authorize issuance of the above licenses as listed contingent upon all required forms, insurance, etc. being turned in. The vote was unanimously in favor. Motion carried. 1.11 PAYMENT OF BILLS MOTION made by Jensen, seconded by Jessen to authorize the payment of bills as presented on the pre-list in the amount of $160,694.12, when funds are available. A roll call vote was unanimously in favor. Motion carried. ADD-ON ITEMS 1.12 ECONOMIC DEVELOPMENT COMMISSION The City Manager explained that the EDC has asked for the background history of the Bickman site as a place for material storage so they have something to compare to when they look at the Anthony's site. 58 March 26, 1991 MOTION made by Jess.n, seconded by Smith to have the Staff provide the background and information on the Bickman site when it was being considered for material storage. The vote was unanimously in favor. Motion carried. 1.13 SET DATE FOR PUBLIC HEARING - CUP MOTION made by Ahrens, seconded by Smith the set April 23, 1991, to consider a Conditional Use Permit for light assembly and service of electronic controls in the B-1 Zoning District at 2321 Commerce Blvd., Lot 1, Auditor's Subdivision %167, PID %14-117-24 44 0001, P & Z Case %91- 006. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. LMCD mailings. Be February 1991 financial report as prepared by John Norman, Finance Director. C. Planning Commission Minutes of March 11, 1991. D. Parks and Open Space Commission Minutes of March 14, 1991. Information submitted by Mary Pacholke, 2624 Westedge Blvd., RE: Discontinuing mosquito spraying by MMCD in Lake Langdon Area of Mound. Letter dated March 15, 1991, from Janet Swanson, 1547 Bluebird Lane, RE: Article in The Sailor on housing improvements. G. Information from NSP on recent rate increase application. Further background materials for Goal Setting/Team Building Session omitted when I distributed material at the COW 3-19- 91. REMINDER: League of Minnesota cities (LMC) Legislative Conference, 4-10-91, St. Paul. REMINDER: Goal Setting/Team Building Session Saturday, April 6, 1991, 8 A.M. to 4 P.M., city Hall. REMINDER: city Hall Open House, Sunday, April 21, 1991, 1 P.M. to 4 P.M. 59 59 March 26, 1991 EXECUTIVE SESSION The Council moved into Executive Session at 11:15 P.M. to discuss pending litigation. The Council returned at 12:15 A.M. 1.14 DISCUSSION: STATUS OF DAKOTA RAIL NEGOTIATIONS The City Attorney explained that last Fall the city negotiated with Dakota Rail to purchase 4 parcels of property in downtown Mound for parking lots. He further stated that Mr. Mills, owner of Dakota Rail, is having trouble getting a release from the McLeod County Regional Rail Authority, MnDot, and the Trustee. The State holds a mortgage on the rail line because of a loan to the McLeod County Regional Rail Authority. Thus, Mr. Mills is giving the City 3 options: He will sell the two large parking lots which are not under the State mortgage for $217,000. (That is the original $235,000 price less $18,000 for the two alleys.) or He will pay the City $15,000 for a complete release. or He will sell the South parking lot, the one the City has leased in the past, for $100,000. This is the area where the MWCC has agreed to pay the City $45,000 for rights to have their equipment there, leaving the City with a net $55,000 cost in that parking lot. MOTION made by Johnson, seconded by Ahrens rejecting the 3 proposals of Dakota Rail to resolve the land acquisition dispute in downtown Mound because the proposals do not take into consideration the substantial expenditures of public funds and do not respond to the rights of the City. We have a contract with Dakota Rail and it is Dakota Rail's responsibility to resolve their dispute with the McLeod County Regional Rail Authority and the Minnesota Department of Transportation. Further, the City Attorney is authorized and directed to commence lltigation against Dakota Rail and is directed to protect the City's contractual interest in the 4 downtown parcels which we have purchased and for which we have assessed our business community. 60 March 26, 1991 Further, the City Attorney is directed to vigorously pursue a recovery of the costs incurred by the City in preparing a plat of the downtown parcels and all of which were incurred based on representations and contracts with Dakota Rail. The vote was unanimously in favor. Motion carried. MOTION made by Jensen, seconded by Jessen to adjourn at 12:20 A.M. The vote was unanimously in favor. Motion carried. E~d J. Sh~k]~, '~., City Ma~fl~Ager Fran Clark, CMC, City Clerk BILLS ..... MARCH 26, 1991 BATCH 1031 BATCH 1032 103,864.28 53,752.31 Shingobee Builders Fire Protection break 3,077.53 TOTAL BILLS 160,694.12