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1991-07-23125 125 July 23, 1991 MINUTES - MOUND CITY COUNCIL - JULY 23, 1991 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 23, 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, Park Director Jim Fackler, and the following interested citizens: Larry & Kathy Meyer, Ned & Karen Podany, Donald Bjorn, Jeff Jesberg, Dick Carlson, Chris Kulenkamp, Joseph & Pauline Jezierski, Missy Ryan, Paul Glynn, Bart Winkler and Ernie Strong, Howard Hagedorn, Mark Hanus, and Casey Adams. 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 Jensen to approve the minutes of the July 9, 1991, Regular Meeting and the Committee of the Whole minutes of July 16, 1991, as presented. The vote was unanimously in favor. Motion carried. 1.1 PUBLIC HEARING: DELINQUENT UTILITY BILLS .City Manager Ed Shukle explained that the revised amount was $4,323.12. Mayor Johnson opened the Public Hearing regarding delinquent utility bills. There was no one present in the audience who wished to speak on this issue. The Mayor closed the Public Hearing and turned the item back to the Council. Jensen moved and Johnson seconded the following resolution: RESOLUTION 91-97 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $4,312.12 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE TO THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. 126 126 July 23, 1991 1.2 CASE ~91-023: DONALD BJORNt 5531 BARTLETT BLVD. t LOT 11 & W 1/2 OF 12, BARTLETT PLACE, PID ~24-117-24 23 0016, VARIANCE - EXISTING NONCONFORMING ACCESSORY STRUCTURE The Building Official explained the request. Commission recommended approval. The Planning Ahrens moved and Smith seconded the following: RESOLUTION %91-98 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO RECOGNIZE AN EXISTING NONCONFORMING ACCESSORY STRUCTURE TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION FOR LOT 11 & W 1/2 OF 12, BARTLETT PLACE, PID %24-117-24 23 0016, 5531 BARTLETT BLVD., P & Z CASE %91-023 The vote was unanimously in favor. Motion carried. 1.3 CASE ~91-025: CHRIS KULENKAMP, 4531 DORCHESTER ROAD, LOT 2, BLOCK 13, AVALON, PID #19-117-23 31 0135, VARIANCE - FRONT YARD SETBACK & EXISTING NONCONFORMING REAR YARD SETBACK The Building Official explained the request. Commission recommended approval. The Planning Jessen moved and Jensen seconded the following resolution: RESOLUTION %91-99 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE A FRONT YARD SETBACK VARIANCE TO THE PROPOSED DETACHED ACCESSORY STRUCTURE AND RECOGNIZE AN EXISTING NONCONFORMING REAR YARD SETBACK TO THE PRINCIPAL STRUCTURE FOR LOTS 2~ 3 & 4, BLOCK 12, AVALON~ PID %19-117-23 31 00135~ 4531 DORCHESTER ROAD, P & Z CASE %91-025 The vote was unanimously in favor. Motion carried. 1.4 CASE #91-026: JOE JEZIERSKI, 4431 LAMBERTON ROAD, LOTS I & 2, BLOCK 3, PEMBROKE, PID ~19-117-23 34 0045, VARIANCE - EXISTING FRONT YARD AND SIDE YARD SETBACKS The Building Official explained the request. Commission recommended approval. The Planning 127 127 July 23, 1991 Smith moved and Ahrens seconded the following resolution: RESOLUTION %91-100 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO RECOGNIZE EXISTING NONCONFORMING FRONT YARD AND SIDE YARD SETBACKS TO ALLOW REPAIRS TO THE FOUNDATION FOR LOTS i & 2, BLOCK 3, PEMBROKEv PID %19-117-23 34 0045, 4431 LAMBERTON ROAD, P & Z CASE %91-026 The vote was unanimously in favor. Motion carried. The Council asked that the applicant come in to get the confusing address problem rectified. One house on the block has an address that is out of order with the rest of the block. 1.5 CASE #91-027: JEFF JESBERG, 1728 FINCH LANE, LOT 12, BLOCK 14t DREAMWOODt PID #13-117-24 13 0018t VARIANCE - RECOGNIZE EXISTING NONCONFORMING PRINCIPAL DWELLING The Building Official explained the request. The Planning Commission recommended denial because they felt this was not the minimum variance and they believed there could be better placement for the garage. The Council reviewed the last variance resolution that was granted in 1984 which stated in part, "..that there be no additional square footage added to this structure." The Council asked that the applicant come up with another plan to reduce the variance request, i.e. cut down size of garage. MOTION made by Jensen, seconded by Smith to table this item asking the applicant to reduce the variance request and bring it back to the Planning Commission for review. The vote was unanimously in favor. Motion carried. 1.6 CASE #91-028: WAYNE ERICKSON, DUNDEE & ALEXANDER, LOTS 6t 7, 8 & 9, BLOCK 9t ARDENt PID #24-117-24 44 0229t MINOR SUBDIVISION The Building Official explained the request. Commission recommended approval. The Planning Ahrens moved and Smith seconded the following resolution: RESOLUTION %91-101 RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR LOTS 6, 7, 8 & 9, BLOCK 9, ARDEN, PID 924-117-24 44 0229, P & Z CASE %91-028 128 128 July 23, 1991 The vote was unanimously in favor. Motion carried. 1.7 CASE #91-029: LARRY MEYER, 4709 BEACHSIDE ROAD, LOT i & PART OF 2, BLOCK S, SHADYWOOD POINT, PID ~18- 117-23 23 0045, VARIANCE - RECOGNIZE EXISTING NONCONFORMING PRINCIPAL STRUCTURE The Building official explained the request. Commission recommended approval. The Planning Smith moved and Ahrens seconded the following resolution: RESOLUTION %91-102 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO RECOGNIZE AN EXISTING NONCONFORMING PRINCIPAL STRUCTURE TO ALLOW CONSTRUCTION OF A CONFORMING DETACHED ACCESSORY STRUCTURE FOR LOTS 1 AND PART OF 2, BLOCK 8, SHADYWOOD POINT, PID %18-117-23 23 0045, 4709 BEACHSIDE ROAD, P & Z CASE %91-029 The vote was unanimously in favor. Motion carried. 1.8 CASE #91-031: ALLEENE BUTTERFIELD, 4862 LESLIE ROAD, LOT 14 & PART OF 15, BLOCK 21, WYCHWOOD, PID ~24- 117-24 41 0025, VARIANCE - RECOGNIZE EXISTING NONCONFORMING FRONT YARD SETBACK The Building Official explained the request. Commission recommended approval. The Planning Jessen moved and Ahrens seconded the following resolution: RESOLUTION %91-103 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO RECOGNIZE AN EXISTING NONCONFORMING FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING DECK FOR LOT 4 AND PART OF LOT 15, BLOCK 21, WYCHWOOD, PID %24-117-24 41 0025, 4862 LESLIE ROAD, P & Z CASE %91-031 The vote was unanimously in favor. Motion carried. 1.9 CASE #91-033: PAUL GLYNN, 4600 CUMBERLAND ROAD, LOTS 1, 2, 28, 29 & 30, BLOCK 8, WYCHWOOD, PID #19-117- 23 32 0184, VARIANCE - RECOGNIZE EXISTING NONCONFORMING FRONT YARD SETBACK 129 129 July 23, 1991 The Building official explained the request. commission recommended approval. The Planning Johnson moved and Smith seconded the following resolution: RESOLUTION %91-104 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO RECOGNIZE AN EXISTING NONCONFORMING FRONT YARD SETBACK TO ALLOW STRUCTURAL ROOF REPAIRS FOR LOTS 1, 2, 28, 29 & 30, BLOCK 8, WYCHWOOD, PID %19-117-23 32 0184, 4600 CUMBERLAND ROAD, P & Z CASE %91-033 The vote was unanimously in favor. Motion carried. ADD-ON ITEM: 1.10 CASE ~91-034: BART WINKLER, 5001 WILSHIRE BLVD., ALL THAT PART OF BLOCK 40, WYCHWOOD, PID #24-117-24 13 0034, VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING DWELLING The Building Official explained the request. The Planning Commission recommended approval. Johnson moved and Jensen seconded the following resolution: RESOLUTION %91-105 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO RECOGNIZE AN EXISTING NONCONFORMING DWELLING TO RECONSTRUCT A DECK ON PART OF BLOCK 40, WYCHWOOD, PID %24-117-24 13 0034, 5001 WILSHIRE BLVD., P & Z CASE %91-034 The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.11 APPROVAL OF LATE APPLICATIONS FOR ABUTTING DOCK SITE HOLDER - DICK CARLSON, 4832 LONGFORD ROAD, DOCK SITE ~30450 The Park Director explained that Mr. Carlson has paid for his dock site for two of the last three years and was unable to get his boat off the lift because there was not enough water. This year with the lake coming up he is presently using the space and has not paid the fee or the $60.00 late fee. The Park Commission reviewed this and found that Mr. Carlson was never on the 130 July 23, 1991 "unusable" list and that he could have extended his dock to a usable depth the past three years. Mr. Carlson's site is not accessible to the public. The commission also compared his dock site with non-abutting sites and commented that if this site were non-abutting and he did not pay the fee, there is a chance the site could have been assigned to someone else. The Park Commission voted unanimously to recommend that Mr. Carlson be charged the $60.00 late fee in addition to the regular dock fees dues. Mayor Johnson suggested splitting the penalty and making it $30.oo. MOTION Made by Smith, seconded by Jessen to reinstate Mr. Carlson to Dock Site %030450 when he has paid the recommended $60.00 penalty and the regular dock fees that are due. The vote was three in favor with &hrens and Johnson voting nay. Motion carried. The Council asked that the Park & Open Space Commission look into the penalties that are assessed to abutting dockholders for late applications and discuss notification to people abutting who cannot use their dock space because of low water. 1.12 REQUEST FOR SWIMMING RAFT TO BE MOORED AT DOCK SITE 02780 FROM ERNIE STRONG The Park Director stated that swimming rafts have never been specifically addressed in the ordinance. The applicant is proposing to moor the raft in front of privately owned shoreline, with the permission of the property owner. He would then store the 8' x 10' raft at his commons dock when it is not in use. He has received approval from the Hennepin County Water Patrol and the LMCD has no regulations for rafts since they are not licensed. The Park & Open Space Commission recommended approval with conditions. MOTION made by Smith and seconded by Jensen to concur with the Park & Open Space Commission allowing the 8, x 10, raft to be stored temporarily for the year 1991 only, at Dock Site %02780. This to be reviewed annually. Raft to be anchored (moored) in front of private shoreline (4940 Glen Elyn Road) when in use. The vote was unanimously in favor. Motion carried. 1.13 RECOMMENDATIONS FOR 6 TAX FORFEIT PARCELS The City Clerk explained that these parcels have all been reviewed by the Planning Commission and the Park & Open Space 131 July 23, 1991 Commission. The Planning Commission recommended approval as requested, unanimously. The Park & Open Space Commission recommended approval with one nay vote. The recommendations are as follows: Release for public auction: 1. PID #23-117-24 42 0082 2. PID #24-117-24 44 0074 3. PID #30-117-23 22 0026 4. PID #30-117-23 22-0027 Retain for wetlands conservation: 1. PID #24-117-24 11 0020 Retain for conservation: 1. PID #23-117-24 34 0087 Johnson moved and Jensen seconded the following resolution: RESOLUTION #91-106 RESOLUTION TO RELEASE CERTAIN TAX FORFEIT LANDS TO HENNEPIN COUNTY FOR PUBLIC AUCTION AND CERTIFYING SPECIAL ASSESSMENTS The vote was unanimously in favor. Motion carried. 1.14 Johnson moved and Jensen seconded the following resolution: RESOLUTION #91-107 RESOLUTION AUTHORIZING APPLICATION FOR CONVEYANCE FROM THE STATE OF CERTAIN TAX FORFEIT PARCELS The voted was unanimously in favor. Motion carried. 1.15 RECOMMENDATION FROM PARK & OPEN SPACE COMMISSION FOR CITY DOCK LOCATION FOR THREE ABUTTING PROPERTIES ON DENBIGH ROAD The Park Director explained that the City owns property between three parcels on Denbigh Road and the shoreline. The parcel is PID #19-117-23 24 0047, and was noted on the Mound Dock Location Map at its origination in 1974. It is unclear why the three abutting properties were not brought into compliance. The Park Commission recommended that these three sites be added to the LMCD list for 1992 with fees to be collected for the dock sites beginning in 1992 if it is determined that the City has title to this property known as Lot 29. 132 July 23, 1991 Mark Hanus, 4446 Denbigh Road, owner of Lot 1, was present and objected to these sites being added to the Commons Program. He stated the land that did belong to the City has eroded away over the years. Casey Adams, attorney for Jack Cook (owner of Lot 2), was present and stated that Cook has filled in space between the lake and his property and created the land that the dock abuts. He urged the Council to delay action on this item until his client has time to have the city's parcel (Lot 29) surveyed to determined how much land is there between the vacated Stratford Lane and the lake. The Council discussed this and decided a decision does not need to be made tonight. MOTION made by Johnson, seconded by Jensen to table this item until a future time when Cook's survey is available and the City Attorney has had time to check the status of the City,s parcel (Lot 29). The vote was unanimously in favor. Motion carried. 1.16 RECOMMENDATION FROM PARK & OPEN SPACE COMMISSION ON AN ENCROACHMENT ONTO LAGOON PARK BY NED PODANY, 6165 SINCLAIR ROAD The Park Director reviewed the history of this issue, specifically: The Podanys submitted an application to alter public lands, after they had the asphalt driveway installed on park property. The Podanys were granted a 2 foot sideyard variance which would have allowed turn around access into their garages upon certain conditions, one being: "The driveway area be confined to Mr. Podany's property and & he not use the park property as part of his driveway and the gravel on the park property be removed." Mr. Podany applied for a portion of the park to be vacated in 1983 and in January 1984, it was denied by the city Council because, "...the park is a public trust and it is not in the public interest to vacate. Also it would set a precedence if the park were vacated." The Park & Open Space Commission's recommendation is to require that the encroachment be removed within 10 days of City Council approval and that a timber wall be installed to redefine property 133 133 July 23, 1991 boundaries. Mr. & Mrs. Podany were present and objected to the Park Commission's recommendation. MOTION made by Johnson, seconded by Jensen to refer this matter to the City Attorney to prepare a resolution of denial to alter public property by Mr. & Mrs. Ned Podany, 6165 Sinclair Road, encroachment onto Lagoon Park. The vote was four in favor with Ahrens voting nay. Motion carried. 1.17 REQUEST FROM HOWARD HAGEDORN, 1748 AVOCET LANE, TO TRIM FOLIAGE ON COMMONS PROPERTY The Park Director stated that that Mr. Hagedorn is requesting permission to trim the foliage along the shoreline of Wiota Commons to improve his view of the lake. He then reminded the Council of a motion that was made in 1988, as follows: "...To discontinue all trimming along the 1400 feet of shoreline in the Wiota Commons in order to preserve as a nature area." That motion was passed to curb flagrant trimming that was done then. The Park Commission reviewed this request on July 11, 1991, and the motion that failed on a 3-3 vote was to recommend that a reputable and licensed tree service trim the subject trees and bushes under the direction of the Park Director. Mr. Hagedorn was present and has obtained 1 plan from Otten Bros. He stated he would obtain several more quotes and plans for trimming the area. Chair of the Park Commission, Brian Asleson, was present and stated he would like the Park Commission to see the plans Mr. Hagedorn obtains before this item is dealt with at the City Council level. MOTION made by Johnson, seconded by Smith to table this item until the Park & Open Space Commission has a chance to review the Otten Bros. recommendation and any other plans Mr. Hagedorn submits at its July ZSth Meeting. The vote was unanimously in favor. Motion carried. 1.18 APPROVAL OF PAYMENT REQUEST #2, G.M.H. ASPHALT - TUXEDO BLVD. RECONSTRUCTION - $39,223.60 The City Engineer has recommended approval of this payment request. 134 134 July 23, 1991 MOTION made by Ahrens, seconded by Smith to approve Payment Request %2, from G.M.H. Asphalt, in the amount of $39,223.60 for the Tuxedo Blvd. Reconstruction Project (MSAP 145-101- 07). The vote was unanimously in favor. Motion carried. 1.19 APPROVAL OF CHANGE ORDER #Z, TUXEDO BLVD. RECONSTRUCTION - ADD $5,001.50 The City Engineer's letter explained that this Change Order #2 is necessary for additional work on the project, i.e. bituminous removal was greater than anticipated because existing bituminous pavement was thicker and extended behind the bituminous curb much further than was visible or the original plans indicated; and a concrete apron and some concrete sidewalk that was in very poor condition needed to be removed. Jensen moved and Jessen seconded the following resolution: RESOLUTION %91-108 RESOLUTION TO APPROVE CHANGE ORDER #2 FOR THE TUXEDO BLVD. RECONSTRUCTION PROJECT (MSAP 145-101-07), IN THE AMOUNT OF $5,001.50 - G.M.H. ASPHALT The vote was unanimously in favor. Motion carried. 1.20 RESOLUTION APPROVING RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMISSION FOR DOWNTOWN MOUND The City Manager explained that the EDC has recommended a market position for downtown Mound. The Council, Planning Commission, Park & Open Space Commission and the EDC has a joint meeting on July 16, 1991 and agreed on the recommendation. Smith moved and Jensen seconded the following resolution: RESOLUTION #91-109 RESOLUTION TO APPROVE THE MARKET POSITION FOR DOWNTOWN MOUND AS RECOMMENDED BY THE ECONOMIC DEVELOPMENT COMMISSION Mayor Johnson stated he could not support this recommended resolution without some reference to recognizing the industrial base we have and support for keeping that base. The motion and second were withdrawn. MOTION made by Jessen, seconded by Johnson to have the EDC review their recommendation and add the reference to recognizing the industrial base we have and their support 135 July 23, 1991 for keeping that base in tact. favor. Motion carried. The vote was unanlmously in The City Manager stated he will bring this us at the next EDC Meeting. 1.21 PAYMENT OF BILLS MOTION made by Jessen, seconded by Smith to authorize the payment of bills as presented on the pre-list in the amount of $147,915.69, when funds are available. A roll call vote was unanimously in favor. Motion carried. ADD-ON ITEM 1.22 CASE ~91-035: MATTHEW PHILLIPPIt 4519 MANCHESTER ROADt LOT 22, BLOCK 14, AVALON, PID #19-117-23 31 0059, VARIANCE The Building Official explained that there is a variance request that will be coming to the City Council to allow repairs to an existing nonconforming residential structure that he has recently condemned due to poor structural condition. The following variances would require recognition: Two principal structures on one parcel. A 29 foot variance from the 30 foot required front yard setback for the subject structure. ( It is approximately. The nonconforming use provisions of the Zoning Code allow improvement of a structure providing that required improvements do not exceed 50% of the fair market value. The applicant had the subject structure appraised on May 30, 1991, by John W. White and he determined that the value was $31,500. The Assessor from Hennepin County values the subject structure at $10,000. Based on the list of repairs, the applicant has submitted bids which total $7,860.76. The Planning Commission questioned whether the appraisal of $31,500 included the 2nd structure on the property. The Planning Commission recommendation was to table the variance request pending: 1) the City of Mound pay for the cost of a new appraisal obtained from an independent appraiser, and 2) new estimates from an independent contractor on the repairs required by the Building Official. The new appraisal to reflect the value of the structure only in an "as is" condition. The Council discussed the Planning Commission's recommendation. 136 July 23, 1991 MOTION made by Johnson, seconded by Jensen to authorize the City to pay for an independent appraisal of the subject building to determine the true value of the condemned building. &1so have the Building Official analyze the costs that have been submitted by the applicant for the repairs to the building. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS ao Financial Report for June 1991, as prepared by John Norman, Finance Director, B. Planning Commission Minutes of July 8, 1991. C. Park & Open Space Commission Minutes of July 11, 1991. D. L.M.C.D. Representative's Monthly Report for June 1991. Information from the League of Minnesota Cities regarding suggestions on Federal Policy Development. Fe Letter from Metropolitan Transit Commission (MTC) regarding a public hearing on proposed improvements and changes to MTC Routes 17, 67 & 75. Public hearing is scheduled for Tuesday, July 30, 1991, 7:30 P.M. at the Ridgedale Center Community Room. Ge REMINDER: First Annual City of Mound Softball Game/Party will be held Saturday, July 20, 1991, Philbrook Park (Clover Circle) at 1:30 P.M. REMINDER: 1991 NLC Congress of Cities, December 14-16, Las Vegas, Nevada. Talk to Fran if you are interested in attending. REMINDER: Torch for the International Special Olympic Games will be carried through Mound on Saturday, July 20, 1991, 8:00 A.M., Hardee's. Please stop by if you can. REMINDER: Annual Park Tour, Thursday, August 8, 1991, at Mound Bay Park, time to be determined on July 25, 1991. REMINDER: LMCD Public Officials Lake Tour and Luncheon on Lake Minnetonka - 11:30 A.M. to 2:30 P.M., Lafayette Club Dock, Saturday, August 3, 1991. Please let Fran know by July 25, 1991, if you wish to attend. 137 137 July 23, 1991 UPDATES The City Manager reported that he has talked to the Vandersteegs and given them until August 13, 1991, to give the city an answer as whether they wish to sell their property. The City Attorney reported that the Judge denied Dakota Rail's motion for a summary judgment. The Judge also denied the City's request to amend to add a claim for punitive damages. Mayor Johnson stated he attended the first meeting with the 11 other cities on the Shoreland Management Ordinance. He stated the City should start working on this as soon as possible. The City Manager stated that he and Joyce Nelson have met with Knutson (our recycling hauler) about adding catalogs, advertising mail and magazines to the pick-up. They will continue to work on this. He also stated there will be a tour scheduled for the MERF plant. MOTION made by Jensen, seconded by Jessen to adjourn at 11:15 P.M. The vote was unanimously in favor. Motion carried. E~w~d J. Sh~le,-Jr., City Manager Fran Clark, CMC, 'City Clerk ZZO[ H3±VQ LS'E~E'~L L£OL HglVQ L66L 'E~ A'lflf' ......SI'II8