1991-12-10 225
December 10, 1991
MINUTES - MOUND CITY COUNCIL - DECEMBER 10,1991
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, December 10, 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, City Planner Mark Koegler, Park Director
Jim Fackler, Building Official Jon Sutherland, and the following
interested citizens: Paul & Pat Meisel, Jim & Lida Miller, Bill
& Dee Carrow, Dick DeGuise, Dave Hanus, Dean Hanus, Mark Hanus,
Michael Mueller, Brian Johnson, Jerry Tasa, Pete Aubin, Dennis
Zylla, Oswin Pflug, Carole Munson and Richard Indritz.
The Mayor opened the meeting and welcomed the people in
attendance.
The Pledge of Allegiance was recited.
1.0 MINUTES
MOTION made by Smith, seconded by Jensen to approve the
Minutes of the November 26, 1991, Regular Meeting, and the
December Z, 1991, Special Budget Hearing Minutes, as
submitted. The vote was unanimously in favor. Motion
carried.
1.1 PUBLIC HEARING: CASE ~91-058: ZONING CODE ]%MENDMENT
CONDITIONAL USE 'PERMITt PAUL & PAT MEISELt 2339 COMMERCE
BLVD.~ LOTS 2 & 3~ AUDITOR,S SUBDIVISION ~167~ PID ~14-117-
24 44 002~ ALSO SIGN VARIANCE
The City Planner explained that this request involves two
components: an amendment to the zoning code to allow retail mail
order in the B-1 Business District by Conditional Use Permit and
consideration of a Conditional Use Permit to operate this type of
business by Turncraft Clocks, Inc. in the old Mound Bank
building. The zoning amendment was proposed in 1987 and approval
was recommended by the Planning Commission at that time, but the
item was withdrawn prior to action by the City Council. The
Planning Commission has again recommended approval of the zoning
amendment and the conditional use permit. The Planner then
reviewed the conditions in the proposed resolution on pages 3345
& 3346.
The Mayor opened the public hearing.
226
December 10, 1991
Pat Meisel, 5501 Bartlett Blvd. spoke in favor of the
requests.
The Mayor closed the public hearing.
Smith moved and Ahrens seconded the following:
ORDINANCE #51-1991 AN ORDINANCE AMENDING SECTION 23.625.3
OF THE MOUND CODE OF ORDINANCES TO ADD
~RETAIL BUSINESSES - STORES AND SHOPS
SELLING BOTH OVER THE COUNTER RETAIL
GOODS AND SELLING GOODS BY MAIL ORDER"
AS AN ALLOWABLE USE BY CONDITIONAL USE
PERMIT IN THE CENTRAL BUSINESS DISTRICT
(B-1 ZONE)
The vote was unanimously in favor. Motion carried.
1.2 The Mayor opened the public hearing on the conditional use
permit. There were no comments. The Mayor closed the public
hearing.
Smith moved and Jessen seconded the following resolution:
RESOLUTION #91-175
RESOLUTION APPROVING A CONDITIONAL USE
PERMIT TO ALLOW A RETAIL AND MAIL ORDER
BUSINESS FOR TURNCRAFT CLOCKS, INC.~ IN
THE B-1 ZONE, FOR THE PROPERTY AT 2339
COMMERCE BLVD.~ LOTS 2 & 3, AUDITOR'S
SUBD. #167, PID #14-117-24 44 0002, P &
Z CASE #91-065
The vote was unanimously in favor. Motion carried.
1.3 The City Planner explained that the Planning Commission
recommended approval of the sign variance. There was discussion
at the Planning Commission as to whether this variance needed to
be applied for again. The Planner explained that the request is
different under the code due to the fact that the previous
variances were based on a multi-tenant building and the new
request involves only one tenant. The Council does have some
alternatives:
a®
recognize that Resolution #88-116 has already granted
the variance and refund the fee, or;
grant a new variance and waive the fee.
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December 10, 1991
MOTION made by Smith and seconded by Ahrens to recognize that
Resolution %88-116 grants the sign variance that is currently
being requested. The Staff is to refund the most recent fee
that was paid for the application for the sign variance. The
vote of unanimously in favor. Motion carried.
RECYCLOTTO WINNER
The Mayor presented Peter Aubin, 4671 Bedford Road with $150.00
Westonka Dollars he won for his participation in recycling December
3, 1991.
1.4 PUBLIC HEARING: AN ORDINANCE AMENDING SECTIONS 455:10, 456:80
AND 910:35 AND ADDING SECTION 456:26 TO THE CITY CODE RELATING
TO DOG NUISANCES, IMPOUNDING, LEASHING AND CLEAN-UP AFTER DOGS
OR ANIMALS AND IMPOUND FEES
The City Attorney reviewed the 4 sections that are proposed to be
amended.
The Mayor opened the public hearing.
James Miller, asked if cats were included
regulations. The City Attorney answered yes.
in these
The Mayor closed the public hearing.
Jensen moved and Jessen seconded the following:
ORDINANCE #52-1991
AN ORDINANCE AMENDING SECTIONS 455:10,
456:80, AND 510:35 AND ADDING SECTION
456:26 TO THE CITY CODE RELATING TO DOG
NUISANCES, IMPOUNDING, LEASHINGAND CLEAN
UP AFTER DOGS OR ANIMALS, AND IMPOUND
FEES
The vote was unanimously in favor. Motion carried.
1.5
CASE ~91-057:
DENNIS ZYLLA, 4925 GLEN ELYN ROAD, LOT 22~
BLOCK 24, SHADYWOOD POINT, PID #13-117-24 11
0097, VARIANCE TO CREATE A BUILDABLE LOT
The City Planner explained that the applicant is seeking a variance
to create a buildable lot with a total area of 5,120 square feet.
The lot is located in the R-1 zone which requires a minimum of
10,000 square feet. A lot width variance would also be required.
There is no property adjacent to this lot that is
228
December 10, 1991
available to add square footage to the lot.
The Planning Commission recommended denial.
Mayor Johnson suggested tabling this item until further
information is available and until sometime after December 11,
1991, when there will be a joint meeting of the City Council and
Planning Commission to discuss undersized lots, lots of record
and develop a plan to deal with these lots.
The following persons were present speaking against the parcel
being a buildable lot:
1. Bill Carrow, 4929 Glen Elyn Road
2. Dick DeGuise, 4932 Glen Elyn Road
3. Brian Johnson, 4945 Glen Elyn Road
4. A letter from Catherine Kasprzak, 4939 Glen Elyn Road,
was presented by Bill Carrow.
5. The following petition was received from the Glen Elyn
Homeowners, signed by 10 persons:
"We the undersigned, Glen Elyn Rd. Homeowners, wish to
register our objection to the granting of any variance
to the existing codes which would allow for building of
any sort on the above extremely undersized lot.
It is our opinion that any building squeezed into this
lot can only succeed in destroying current aesthetic
values in the area which in turn would severely lower
existing property values.
Granting of this requested variance can only succeed in
harming many for the benefit of a few."
Mr. Dennis Zylla, representing the Sharps (owners of the
property), stated the Sharps have owned the property for 31 years
and now would like to sell the property. The property is a lot
of record and he feels this entitles the owners to a building
permit if they can meet setback requirements.
The City Attorney informed Mr. Zylla that the Council cannot
declare the lot buildable when no actual plans for a building
have been presented. There are other factors that must be
considered when considering granting a building permit, i.e.
drainage, elevations, etc.
MOTION made by Johnson, seconded by Jansen to table this
item to the first meeting in February (2-11-92). This will
give the Council time to assess the impact on the community
and tho implications and alternatives. Tho vote was
unanimously in favor. Motion carried.
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December 10, 1991
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.6 CASE ~91-059:
RESOLUTION OF DENIAL ON A REQUEST FOR A MINOR
SUBDIVISION AND VARIANCE FOR GREAT WEST
HOMES, 1909 LAKESIDE LANE, LOTS 12 & 13,
BLOCK 11m SHADYWOOD POINTm PID ~18-117-23 23
0058
This was brought back from the last Council Meeting for action.
Jessen moved and Jensen seconded the following resolution:
RESOLUTION %91-176 RESOLUTION DENYING THE APPLICATION OF
GREAT WEST HOMES FOR A WAIVER OF
PLATTING ORDINANCE AND A MINOR
SUBDIVISION AND VARIANCE AT 1909
LAKESIDE LANE, LOTS 12 & 13, BLOCK 11~
SHADYWOOD POINT, PID %18-117-23 23 0058,
P & Z CASE %91-059
The vote was unanimously in favor. Motion carried.
1.7 APPROVAL OF THE 1992 DOCK LOCATION MAP
The Park Director stated that the Parks & Open Space Commission
recommended approval of the 1992 Dock Location Map with the
following additions: Dock #33525, 4446 Denbigh Road; Dock #33487,
4452 Denbigh Road; and Dock #33447, 4458 Denbigh Road. The area
where these three sites are located is to be designated Class
"C", "Shoreline with no traversable space; stairs needed to
shoreline, not accessible by public right-of-way (abutting
property owners only).
Smith moved and Jensen seconded the following resolution:
RESOLUTION %91-177 RESOLUTION CONCURRING WITH THE PARKS &
OPEN SPACE COMMISSION AND APPROVING THE
1992 DOCK LOCATION MAP AS SUBMITTED
The vote was unanimously in favor. Motion carried.
1.8 RECOMMENDATIONS FROM THE PARKS & OPEN SPACE COMMISSION
DOCK ORDINANCE CHANGES AND 1992 DOCK APPLICATION FORMS &
FEES
The Park Director reviewed the recommended changes in the Dock
Ordinance with the City Council. The Park and Open Space
230
December 10, 1991
Commission recommended approval of the following amendments:
Section 437:05, Subd. 9: Delete "...
including without limitation applications for shared docks,
..... " because late fees have not been charged to applicants
sharing a dock.
Section 437:10, Subd. 12: Add .... No more than one Temporary
Visiting Dockage Permit may be issued in any calendar year to an
individual dock licensee "or visitor".
Section 437:25: Amend as follows" "Residents of the City of Mound
65 years of age or older shall pay 50% of the required license fee.
for a straight dock. A full license fee shall be charged to all
persons for all L, T, or U docks and boat houses."
Section 510:00 Subd. 1. Add the following statement to the fee
schedule to eliminate the requirement for applicants who are
abutting owners to appear before the Commission each year: "Add an
additional $10 to late dock license applications received on or
after April 1, and add an additional $10 per month for each
consecutive month thereafter.
In addition, "On or" should be added before "After March lst".
Jensen moved and Jessen seconded the following:
ORDINANCE #53-1991
AN ORDINANCE AMENDING SECTIONS 437:05
SUBD. 9; SECTION 437=10, SUBD. 12;
SECTION 437=25 OF THE CITY CODE AS THEY
RELATE TO DOCK LICENSES; AND SECTION
510:00, SUBD. 1, OF THE CITY CODE AS IT
RELATES TO FEES
The vote was unanimously in favor. Motion carried.
1.9 1992 DOCK APPLICATION FORMS
The Park Director reviewed the following changes in the 1992 Dock
Application forms:
Dock Application Form: Both the "new" 1992 Dock
Application and the "old" 1991 Dock Application have been
enclosed for your comparison. Pertinent changes to the
1992 form are as follows:
1)
The first paragraph has been slightly modified to
clarify the priority status for those who submit
their applications late.
231
December 10, 1991
2) The LMCD has raised their fees according to the
enclosed letter, and these increases have been
reflected on the 1992 Dock Application.
3) Other changes made were in format only.
In reference to dock fees, at the August 8, 1991 Park
and Open Space Commission Meeting, the following motion
was made: "Motion made by Ahrens, seconded by Byrnes
to recommend that the dock fees for 1992 remain the
same as the 1992 fees. No increase in fees is
recommended. Motion carried 7 to 2. Those in favor
were: Skoglund, Ahrens, Andersen, Casey, Byrnes,
Bailey, and Schmidt. Those opposed were: Eischeid and
asleson."
Be
Information Sheet: The only changes recommended, as
indicated on the form, are to delete the number of
buoys in the first sentence, and add the word
"approximately" before the number of docks.
Ce
Letter to Dock Permit Applicant: Two changes have been
recommended on page two. Add the following statement
to number 2. "Aquatic plants are protected by law and
permits are required prior to removal." And add number
7. "The use of fertilizers, pesticides, and herbicides
is not recommended on city property."
The Council discussed #2 and revised it to read as follows:
"Aquatic plants that are protected by law require permits prior
to removal. Remove Eurasian Water Milfoil from the shoreline
around your dock." The Council asked that the disposal of
milfoil be put on the January C.O.W. Meeting agenda.
Notice: Originally, this was a notice to abutting dock
site holders only, but the Park Commission recommended
that this be a notice to all dock applicants since
these rules apply to all.
The Council asked that the last paragraph in the Notice read as
follows: "Applications for remodeling, maintaining or repairing
existing boathouses, retaining walls, stonework, decks, addition
of landscaping, trimming of trees or brush, or other types of
improvements on public lands may be obtained from the Building
Department."
MOTION made by Jensen, seconded by Jessen to approve the
1992 Dock Application Forms as presented and amended above.
The vote was unanimously in favor. Motion carried.
/!
232
December 10, 1991
1.10 APPLICATION FOR PERMIT FOR THE CONSTRUCTION ON pUBLIC LANDS
FOR DEAN HANUS, 4737 ISLAND VIEW DRIVE
The Building Official explained that the applicant is seeking an
after-the-fact Construction on Public Lands Permit to allow the
following to remain:
a. Boathouse improvements, including: siding, reroof,
windows, new door, inside wall finish, counter top with
sink, cabinets, and electrical wiring for fixtures and
outlets.
b. Deck.
c. Stairway to lake.
d. Retaining walls.
e. Shoreline riprap.
The following were pre-existing structures that were recognized
by the City in Resolution #78-372 based on a survey of the
Commons:
a. Boathouse
b. Stairway
c. Patio
The Flow Chart action that was given to these items was a 16A,
"Maintenance Permit renewable up to 3 years contingent upon the
city's use plan. New owners may make application for maintenance
permits."
The City Attorney explained that when this survey of private
structures on public land was done it was to discourage and
terminate the practice at the earliest opportunity, i.e. that
permanent structures, boathouses, living quarters, etc. should be
removed at the earliest time. He also reminded the Council that
city officials are trustees for all the public and therefore
private utilization of public lands should be discouraged and
terminated at the earliest opportunity.
The Park Director explained that the construction of the deck and
remodeling of the boathouse came to the City's attention from
another individual who was denied an application for a deck on
the Commons in front of his home.
Mike Mueller spoke stating that if there was a Truth in Housing
Code in the City of Mound, prospective buyers would be aware that
they were buying property abutting Commons and that they need a
Maintenance Permit for any encroachments that exist on Commons.
Mark Hanus, 4446 Denbigh Road, stated that he does not feel the
Maintenance Permit system has worked.
The Council pointed out that if Dean Hanus had applied for a
Building Permit which was required, the Maintenance Permit system
233
December 10, 1991
would have worked.
The Building Official recommended:
The City Council recognizes that this public Commons area
was dedicated by Tuxedo Park Company on September 12, 1911.
Complete removal of the boathouse and deck.
Regrading and landscaping of the area according to
specifications prepared by the Park Director and City
Engineer.
The cost of such removal, grading and landscaping be the
responsibility of the applicant.
The applicant and abutting owner may claim and remove any
structure or portion thereof from the City Commons property
and may remove it from Commons property after obtaining the
required permit from the Building Official and at the
applicant's own expense.
NOTE: Removal of a structure or boathouse would require a
Land Alteration Permit per City Code Section 320,
Subdivision 4.
Councilmember Ahrens and Smith voiced opposition to the removal
of the deck and boathouse.
MOTION made by Jensen, seconded by Jossen to deny a
construction on public lands permit for 4737 Island View
Drive and approving Staff,s recommendations above except
that the permit fee for the Land Alteration Permit will be
waived. The boathouse and deck to be removed within 6
months of the date of this meeting (June 10, 1992). The
vote was 3 in favor with Ahrens and Smith voting nay.
Motion carried.
1.11 APPLICATION FOR PERMIT FOR THE CONSTRUCTION ON PUBLIC LANDS
FOR CAROLE MUNSON, 4729 ISLAND VIEW DRIVE
The Building Official explained that this is also an after-the-
fact Construction on Public Lands Permit application to allow the
following improvements:
a. Deck.
b. Stairway to lake.
c. Shoreline riprap.
Pre-existing structures that were recognized by Resolution #78-
372 were:
a. Boathouse.
b. Playhouse
c. Timber retaining wall (now hidden under deck).
/3
234
December 10, 1991
The applicant, Carole Munson, explained that the real estate
person who sold her the property mislead her when she purchased
the property in October 1988. She was told she owned the
playhouse, the boathouse and the land between. Her understanding
was that the beach and the shoreline were Commons, not the area
that she improved. She did not apply for a Building Permit for
the deck because it was her understanding that no permit was
required for a deck less that 30 inches from grade. Ms. Munson
presented pictures of the area before and after the improvements.
Richard Indritz, attorney representing Ms. Munson, spoke in her
behalf, stating that all the subject improvements were existing
and were just fixed-up. The size of the improvements were not
increased.
MOTION made by Ahrens, seconded by Smith to approve a
Maintenance Permit for 3 years for the playhouse, boathouse,
deck, stairway and retaining walls.
There was discussion by the Council on this and the previous
request and being consistent.
Ms. Munson read the Affidavit of Frank Ahrens, stating that
new deck was an improvement to pre-existing conditions on
the property.
The vote was 2 in favor with Jensen, Jessen and Johnson
votinq nay. Motion fails.
MOTION made by Jessen seconded by Jensen to approve a 3 year
Maintenance Permit for the playhouse, boathouse, stairway
and retaining wall, but requiring that the deck be removed
within 6 months of that date of this meeting (June 10,
1992). The vote was 3 in favor with Ahrens and Smith voting
nay. Motion carried.
1.12 PROPOSED ORDINANCE FROM L.M.C.D. RELATING TO ARTIFICIAL
LIGHTS DIRECTED TO L~KE MINNETONKA FROM SITES ON THE LAKE
The City Manager explained that the L.M.C.D. is asking for
comments from Mound on their proposed amendment to an ordinance
relating to artificial lights directed to Lake Minnetonka from
sites on the Lake. The proposed amendment reads as follows: "No
person may locate, construct, install or maintain a dock at any
site from which an affixed, unshielded artificial lights is
directed at any part of the Lake beyond the dock use area for
that site unless licensed by the Board to do so."
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December 10, 1991
The Parks & Open Space Commission has been reviewing the City's
policy for lights on public lands and just voted at its October
10th meeting to approve some guidelines.
The Council asked the City Manager to send a letter to the
L.M.C.D. supporting the amendment.
1.13 REOUEST FOR FINAL PAYMENTt CITY HALL ADDITION AND REMODELING
PROJECT IN THE AMOUNT OF $3t926.33 TO SHINGOBEE BUILDERS
MOTION made by Jessen, seconded by Jensen to approval a
final pa~nent request by Shingobee Builders for the City
Hall Addition and Remodeling in the amount of $3,926.33.
The vote was unanimously in favor. Motion carried.
1.14 PAYMENT REQUEST %4 - TUXEDO BLVD. IMPROVEMENT PROJECT TO GMH
ASPHALT IN THE AMOUNT OF $6~840.95
MOTION made by Ahrens, seconded by Jensen to approve Payment
Request %4 to G.M.H. Asphalt for the Tuxedo Blvd.
Reconstruction in the amount of $6,840.95. The vote was
unanimously in favor. Motion carried.
1.15 PAYMENT REQUEST %5 - $38,691.58 & CHANGE ORDER %2 -
$5,097.S8 - 1991 LIFT STATION IMPROVEMENT PROJECT TO LA TOUR
CONSTRUCTION
MOTION made by Ahrens seconded by Smith to approve Payment
Request %5 from La Tour Construction for the 1991 Lift
Station Improvement in the amount of $38,691.58. The vote
was unanimously in favor. Motion carried.
Ahrens moved and Smith seconded the following resolution:
1.16 RESOLUTION #91-178
RESOLUTION TO APPROVE CHANGE ORDER
FOR THE 1991 LIFT STATION IMPROVEMENT~
TO LA TOUR CONSTRUCTION IN THE ANOUNT OF
$5,097.88
The vote was unanimously in favor. Motion carried.
1.17 PAYMENT OF BILLS
MOTION made by Jensen, seconded by Smith to authorize the
payment of bills as presented on the pre-list in the amount
of $95#063.21, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
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December 10, 1991
1.18 ORDINANCE AMENDMENT TO SECTION 320:00 SUBD. 4 OF THE CITY
CODE
The Building Official suggested that based on the the two Commons
cases this evening and an analysis of the original dedication of
Commons areas, he is recommending that the City Council approve
the following ordinance amendment to Section 320:00, Subd. 4 by
adding the a second paragraph: "Structures located on public
lands which are ordered removed by the City Council or by the
City Building Official under any code or law may proceed under
the supervision and direction of the City Building Official
without the necessity for obtaining removal permits from the City
Council."
Smith moved and Jensen seconded the following:
ORDINANCE #54-1991 AN ORDINANCE AMENDING SECTION 320:00,
SUBD. 4w RELATING LAND ALTERATION
The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. November 1991, Department Head Monthly Reports.
B. L.M.C.D. Representative's November 1991 Monthly Report.
C$
Memo from Minnehaha Creek Watershed District Re: Renewal of
Existing Management Policy and Operating Procedures for
Gray's Bay Headwaters Control Structure.
De
Letter from Triax Cablevision informing us that some changes
will be taking effect 1/1/92 regarding cable TV subscription
billing statements. Triax is going to show the franchise
fee as a separate line item.
E. L.M.C.D. Mailings.
Fe
Letter from Representative Steve Smith re:
on repeal of the Presidential Primary.
our resolution
Ge
REMINDER: ANNUAL CHRISTMAS PARTY, FRIDAY, DECEMBER 6, 1991,
8:00 P.M. TO 12 MIDNIGHT, AMERICAN LEGION. DON'T FORGET TO
BRING A $5.00 GIFT FOR MALE AND/OR FEMALE.
Ho
REMINDER: Joint City Council/Planning Commission Meeting
with City Attorney, Wednesday, December 11, 1991, 7:30 P.M.
at City Hall.
/&
Ke
Ne
237
December 10, 1991
REMINDER: No C.O.W. Meeting on December 17, 1991.
REMINDER: No Regular Council Meeting on December 24, 1991.
Next Regular Meeting is January 14, 1992.
REMINDER: Christmas & New Year Holidays, the City Hall
Office closes: the afternoon of December 24 and Christmas
Day; and the afternoon of December 31 and New Years Day.
Planning Commission Minutes of November 25, 1991.
Economic Development Commission Minutes of November 21,
1991.
REMINDER: Joint interviews of candidates for vacancy on the
Parks & Open Space Commission, Thursday, December 12, 1991,
7:00 P.M., City Hall. Enclosed are resumes we have received
so far.
MOTION made by Ahrens,
12:45 P.M.
carried.
seconded by Jessen to adjourn at
The vote was unanimously in favor. Motion
Ed%r~rd J. S~uk'l~, Jr., City Manager
Fran Clark, CMC, City Clerk
BILLS DECEMBER 10, 1991
BATCH 1113 $45,266.50
BATCH 1114 49,796.71
TOTAL BILLS
95,063.21