1991-03-2649
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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.
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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
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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.
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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.
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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.
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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
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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
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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:
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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.
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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.
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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.
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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