1991-09-24 173
September 24, 1991
MINUTES - MOUND CITY COUNCIL - SEPTEMBER 24, 1991
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, September 24, 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: Acting City Manager Fran Clark, Deputy Clerk Linda Strong,
City Attorney Curt Pearson, Building Official Jon Sutherland, and
the following interested citizens: Dorothy Wolfe, Robert Beadle,
Jeane and Galan Johnson, Matt Phillippi, Kelsey Page, John Allen,
John Hasselbalch, Mike Smith, Lori Marek, Jerry Anderson, Michael
Mueller, Jerry Clapsaddle, Frank Weiland, Mrs. Hoaglund,
Recycling Coordinator Joyce Nelson, Parker Hodges, and Lori Hamm.
The Mayor opened the meeting and welcomed the people in
attendance.
The Pledge of Allegiance was recited.
1.0 MINUTES
MOTION by Smith, seconded by Jessen to approve the minutes
of the September 10, 1991 regular meeting and the minutes of
the Committee of the Whole meeting of September 17, 1991.
The vote was unanimously in favor.
1.1 PUBLIC HEARING: DELINQUENT UTILITY BILLS
Acting City Manager Fran Clark explained that the revised amount
was $4441.69. 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.
Ahrens moved and Jensen seconded the following resolution:
RESOLUTION 91-128
RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF $4441.69
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE TO THOSE ACCOUNTS.
The vote was unanimously in favor. Motion carried.
1.2
PUBLIC HEARING: CASE #91-045, JOHN HASSELBALCH, 5200
MAYWOOD ROAD, LOTS 16 & 17~ BLOCK 2, SHIRLEY HILLS UNIT F,
PID ~13-117-24 43 0145. REQUEST: CONDITIONAL USE PERMIT
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September 24, 1991
Building Official Jon Sutherland updated Council. This workshop
is a one man operation. The Mayor opened the public hearing
asking if there was anyone present who wished to speak. Mike
Smith, owner of the property at issue, inquired as to the cost of
filing the Conditional Use Permit with the County. He was told
it was the applicant's or building owner's responsibility. Mr.
Smith also asked if the CUP would stay with the property in the
future if the applicant discontinued in business. The City
Attorney stated yes, if the use was continued in the same manner.
The Mayor closed the public hearing.
Ahrens moved and Smith seconded the following resolution:
RESOLUTION 91-129
RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE A CONDITIONAL USE
PERMIT TO ALLOW A WHOLESALE ASSEMBLY
OPERATION FOR BALCH COMPANIES, A CUSTOM
FURNITURE WORKSHOP, IN THE B-1 ZONING
DISTRICT AT LOTS 16 & 17, BLOCK 2,
SHIRLEY HILLS UNIT F, PID #13-117-24 43
0145, 5200 MAYWOOD ROAD, P & Z $91-045.
The vote was unanimously in favor. Motion carried
1.3 CASE ~91-042= LORI MAREK & JERRY ANDERSON, 4839 ISLAND VIEW
DRIVEr LOT S, BLOCK 13t DEVON, PID ~25-117-24 11 0033,
REOUEST~ LOT AREA SETBACK VARIANCES TO ALLOW A GARAGE
ADDITION.
Building Official Jon Sutherland updated Council on this item.
He stated the applicant had a first request for the partial
second story and garage, then they applied for the kitchen
addition. The Planning Commission favored 5-4 to include the
kitchen addition. Council discussed the abundance of hard cover
on the property. Through discussion with Mr. Anderson, the
applicant, agreement was made to allow the kitchen addition if
the rock around the house and concrete hard cover was removed and
replaced with grass. Council concurred that the triangle
addition to the kitchen increases the encroachment into the
already substandard yard cover, but will soften the appearance of
the dwelling.
Smith moved and Ahrens seconded the following resolution:
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September 24, 1991
RESOLUTION 91-130
RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO GRANT A FRONT YARD SETBACK
AND GARAGE SIZE VARIANCE AND TO
RECOGNIZE AN EXISTING NONCONFORMING SIDE
YARD SETBACK AND UNDERSIZED LOT TO ALLOW
CONSTRUCTION OF A GARAGE ADDITION FOR
LOT 8v BLOCK 13, DEVON, PID %25-117-24
11 0033 (4829 ISLAND VIEW DRIVE), P & Z
%91-042 AMENDED TO INCLUDE THE REMOVAL
OF THE HARD COVER AS DIAGRAMMED IN THE
ATTACHED MAP.
The resolution passed with a vote of 3-2.
and Jessen voting nay.
Councilmembers Jensen
1.4
CASE #91-043 ROBERT & ELSIE BEADLE, 1798 FINCH LANE, LOTS
16, 17, 18, BLOCK 14, DREAMWOOD, PID ~13-117-24 34 0045,
REQUEST: FRONT YARD SETBACK VARIANCE TO ALLOW A PORCH
ADDITION
Building Official Jon Sutherland informed the Council the
Planning Commission recommended approval.
Smith moved and Jensen seconded the following resolution:
RESOLUTION 91-131
RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE A FRONT YARD
SETBACK VARIANCE TO ALLOW CONSTRUCTION
OF A COVERED DECK AND A THREE SEASON
PORCH FOR LOTS 16, 17, 18, BLOCK 14,
DREAMWOOD, PID %13-117-24 13 0020, (1708
FINCH LANE) PZ #91-043
The vote was unanimously in favor. Motion carried.
1.5 CASE ~91-044 BRADLEY & DOROTHY WOLFE, 3020 WESTEDGE BLVD.,
LOT 8t BLOCK 14t THE HIGHLANDS, PID #23-117-24 34 0045
REQUEST: LOT AREA VARIANCE TO ALLOW AN ADDITION TO THE
FRONT SIDE OF BUILDING.
Building Official Jon Sutherland stated that the applicant would
like to convert a front porch into a bedroom and add a small
storage shed to his dwelling. Planning Commission recommended
approval.
Jensen moved and Ahrens seconded the following resolution:
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September 24, 1991
RESOLUTION 91-132
RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE CONSTRUCTION OF A
CONFORMING ADDITION FOR LOT 8, BLOCK 14,
HIGHLANDS, PID %23-117-24 34 0045 (3020
WESTEDGE BLVD.) P&Z %91-044
The vote was unanimously in favor, motion carried.
1.6 CASE ~91-046: DANIEL L. NORMANDIN, 4455 RADNOR ROAD, LOTS 9
& 10, BLOCK 2, PEMBROKE, PID %19-117-23-34 0036 REQUEST:
FRONT YARD SETBACK VARIANCE TO ALLOW STRUCTURAL REPAIRS AND
NEW DETACHED GARAGE.
Building Official Jon Sutherland stated that the Planning
Commission recommended approval.
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION 91-133 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE FRONT YARD SETBACK
VARIANCE TO ALLOW RECONSTRUCTION OF A
DWELLING AND CONSTRUCTION OF A
CONFORMING DETACHED GARAGE FOR LOTS 9 &
10, BLOCK 2, PEMBROKE, PID %19-117-23 34
0036 (4455 R~DNOR ROAD) P&Z %91-046
The vote was unanimously in favor. Motion carried.
1.7 CASE ~91-047 BRIAN JOHNSON, 4945 GLEN ELYN ROAD, LOTS 17 &
P/18, BLOCK 24, SHADYWOOD POINT, PID ~13-117-24 11 0139
REQUEST: FRONT YARD SETBACK VARIANCE TO ALLOW A CONFORMING
ADDITION
The Building Official stated this item had been tabled at the
September 23rd Planning Commission meeting.
1.8 CASE ~91-035 MATTHEW PHILLIPPI, 4519 MANCHESTER ROAD, LOT
22, BLOCK 14, AVALON, PID ~19-117-23 31 0059. REOUEST:
VARIANCE TO RECOGNIZE EXISTING CONDITIONS
The Council discussed the proposed resolution. There were a
number of changes to be made in the draft resolution that was
presented. The items to be changed in the resolution are as
follows:
Ail references to "construct an 11.8' x 8' one story
addition with a basement" are to be removed from the
resolution. (The Planning Commission did not consider an
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September 24, 1991
addition to the dwelling.)
Delete Item 1.a. on page three of the proposed resolution
relating to separate sewer and water connections to the two
dwellings on the property.
Item 1.g. ADD the following: "Upon completion of proper
venting, the roof is to be repaired per Building Code and
inspected by the Building Official. The water heater and
furnace are to be tested for correct operation before a
Certificate of Occupancy is issued."
Item 1.i. replace with the following: "Ail electical
sytems are to be brought up to the State Electrical Code as
approved and required by the State Electrical Inspector.
All work to be performed by a licensed electrical
contractor.
Michael Mueller, Planning Commissioner, spoke to the Council
regarding not receiving all the information that was presented to
the City Council. He also emphasized that the Planning
Commission recommended denial of this request unanimously.
The Council discussed requiring a bond supplied by the applicant
and putting a time limit on the reconstruction project. It was
decided that a Certificate of Occupancy would not be issued until
the project was completed, inspected and approved.
Smith moved and Jessen seconded the following resolution:
RESOLUTION %91-134 RESOLUTION TO DIRECT STAFF TO PREPARE A
RESOLUTION OF DENIAL FOR A VARIANCE TO
RECONSTRUCT AN EXISTING HAZARDOUS
NONCONFORMING STRUCTURE FOR LOT 22 &
PARTS OF LOTS lv 2v 3~ & 5~ BLOCK 14~
AVALON (4519 MANCHESTER ROAD)
There was discussion on the actual cost of the proposed repairs
and the appraised value of the dwelling. The repair estimates
are very close to 50% of the value of the dwelling.
Mr. Kelsey Page, Attorney for Mr. Phillippi, was present and
spoke on his behalf.
The Council went into Executive Session at 9:20 P.M. to discuss
the possible litigation that could arise from the denial. They
returned at 9:50 P.M.
The City Attorney stated that the Council reviewed their options.
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September 24, 1991
The entire Council would like to have the dwelling removed
completely, but the evidence the City could present in court is
marginal because of the percentage of repair is very close to 50%
of the value of the dwelling.
Smith withdrew is motion of denial and Jessen withdrew her
second.
Ahrens moved and Johnson seconded the following resolution:
RESOLUTION 91-135
RESOLUTION TO GRANT A VARIANCE TO
RECONSTRUCT AN EXISTING HAZARDOUS
NONCONFORMING STRUCTURE FOR LOT 22 &
PARTS OF LOTS 1· 2, 3· AND 5, BLOCK 14,
AVALON· (4519 MANCHESTER ROAD) P & Z
CASE 91-035, AS A~ENDED
The Council voted unanimously in favor, reluctantly.
carried.
Motion
1.9 COMMENTS AND SUGGESTIONS FROM PERSONS PRESENT
Galan Johnson, prospective purchaser of 4458 Denbigh Road,
inquired about the deck on this home possibly encroaching onto
city owned land. He was directed to contact Jim Fackler, Parks
Director.
1.10 PAYMENT OF BILLS
MOTION by Jensen, secondedby Smith to authorize the pa~nent
of bills as presented on the pre-list in the amount of
$281,099.70, when funds are available. A roll call vote was
unanimously in favor. Motion carried.
1.11 SET PUBLIC HEARING DATE TO CONSIDER ISSUANCE OF A
CONDITIONAL USE PERMIT TO ALLOW AN OVERSIZED ACCESSORY
BUILDING AT 6272 RED OAK ROAD.
MOTION by Ahrens, seconded by Jensen and carried unanimously
to set Tuesday· October 22, 1991, 7~30 PM as the date for a
public hearing to consider the issuance of a Conditional Use
Permit to allow an oversized accessory building at 6272 Red
Oak Road.
1.12 ADD-ON
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September 24, 1991
FALL LEAF PICKUP
Joyce Nelson, Recycling coordinator, was present to discuss a
possible fall leaf pick up and the fees charged by local haulers
and how this was to be paid for. Council stressed the importance
of composting leaves as opposed to using a landfill. The Mayor
requested a financial summary on the funds in the recycling
account, so forecasts could be made on expenditures. Joyce is to
request bids from the haulers on a pick up of leaves by areas in
Mound, so two or more companies could do it in less time. If the
fall leaf pick up doesn't work out, a spring leaf pick up or city
clean up could be planned.
1.13 PLANNING COMMISSION UPDATE - LIZ JENSEN
Councilmember Jensen mentioned some cleanup was needed along the
Tuxedo reconstruction job to be completed. There are flags,
stakes, etc. laying in people's yards.
1.14 INFORMaTION/MISCELLANEOUS
ae
Financial Report for August 1991 as prepared by John
Norman, Finance Director.
B. Planning Commission minutes of September 9, 1991
Ce
Mound/Spring Park/Wayzata Community Energy Council July
1991 Report.
De
Letter from Sterner Lighting, Winsted, thanking Mayor
Skip Johnson and City Manager Ed Shukle for holding a
reception and tour for employees of Northern Light,
MilwaUkee, Wisconsin, who may be moving here sometime
in the future due to job transfer.
E. Thank you note from Recyclotto winners the Tapelts.
F. LMCD Mailings
Thank you from Gary Nordstrom, Dutch Lake Homeowners,
for monitary support of treatment of Euraisian Water
Milfoil in Dutch Lake.
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September 24, 1991
MOTION by Ahrens,
adjourn meeting at 10=45
Attest: Dep~
seconded by Jensen and carried unanimously to
rd J~ , ' y ~ger
BILLS ..............
-SEPTEMBER 24, 1991
BATCH 1091
BATCH 1092
TOTAL BILLS
$ 151,705.62
12~,394.0~
281,099.70