1994-09-27September 27, 1994
MINUTES - MOUND CITY COUNCIL - SEPTEMBER 27, 1994
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
September 27, 1994, in the Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and
Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City
Clerk Fran Clark, City Attorney Curt Pearson, Building Official Jon Sutherland, and the
following interested citizens: Meyer (Mike) Gold, Dick Gibson, Elaine & Ron Gavin, Darlene
L. Murphy, Mark Earhart, Howard & Louise Hagedorn, Ton Holmstrom, Denise Hanson,
Richard Indritz, Steve Swenson, and John Austin.
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
September 14, 1994, Regular Meeting, as submitted. The vote was unanimously in
favor. Motion carried.
1.1 PUBLIC HEARING: TO CONSIDER THE VACATION OF A PORTION OF A
OF THE ADJACENT CUL-DE-SAC KNOWN AS BAYWOOD SHORES DRIVE.
CASE//94-68: MEYER (MIKE) GOLD, 5395 BAYWOOD SHORES DRIVE, LOTS
15 & 16, BLOCK 6, REPLAT OF HARRISON SHORES
The Building Official explained that the applicant is requesting a 10 foot section all the way
around the cul-de-sac be vacated. The section is not being used as street. Minnegasco has
asked that we retain the utility easement. The Planning Commission and the Staff recommended
approval.
The City Attorney stated that he has rewritten a portion of the proposed resolution. The
conditions under the Now, Therefore, Be it Resolved should read as follows:
The City does hereby approve the request to vacate a portion of the street easement for
the cul-de-sac on Baywood Shores Drive, legally described as follows:
That part of the 60 foot radius circle for Smaber Blvd. aka. Baywood Shores
Drive) as shown and dedicated in the plat of Replat of Harrison Shores which lies
outside the circumference of a 50 foot radius circle having the same center as said
60 foot circle, except that portion of said circle lying easterly of the easterly line
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September 27, 1994
of the 50 foot radius circle, and lying between the westerly extensions of the 50
foot right-of-way for Smaber Blvd. (aka. Baywood Shores Drive), subject to the
City of Mound retaining a drainage and utility easement over the portion of the
street herein vacated.
A certified copy of this resolution shall be prepared by the City Clerk and shall be a
notice of completion of the proceedings. It is the responsibility of the owner to record
this certified resolution in the office of the County Recorder and/or the Registrar of
Titles, as set forth in M.S.A. 412.851.
The City Attorney also suggested that the legal read what the plat reads, Smaber Blvd, (aka.
Baywood Shores Drive).
The Council agreed with the City Attorney's suggestions on the proposed resolution.
The Mayor opened the public heating. No one responded. The Mayor closed the public
heating.
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION g94-127
RESOLUTION TO APPROVE THE VACATION OF A
PORTION OF A CUL-DE-SAC KNOWN AS SMABER
BLVD. (AKA. BAYWOOD SHORES DRIVE),
REPLAT OF HARRISON SHORES, BLOCK 6, LOTS
15 & 16 AND BLOCK 5, LOTS 1 THROUGH 7
The vote was unanimously in favor. Motion carried.
1.2
CASE g94-6~; RON GAVIN, 5000 ENCHANTED ROAD, LOT 1, BLOCK 21,
SHADYWOOD POINT, PID//13-117-24 11 0069, VARIANCE FOR PORCH AND
DECK.
The Building Official explained the request. He noted the item #1. in the proposed resolution
should read as follows:
"The City does hereby grant a variance to recognize the nonconforming front yard
setback of 7.1 feet from Heron Lane resulting in a variance of 2.9 feet, to allow
construction of a porch and a deck, subject to the following conditions."
The Planning Commission recommended approval.
Smith moved and Jensen seconded the following resolution:
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September 27, 1994
RESOLUTION//94-128
RESOLUTION TO APPROVE A SETBACK
VARIANCE TO HERON LANE TO CONSTRUCTION
A PORCH AND DECK AT 5000 ENCHANTED ROAD,
LOT 1, BLOCK 21, SHADYWOOD POINT, PID//13-
117-24 11 0069, P & Z CASE g94-63
The vote was unanimously in favor. Motion carried.
1.3
CASE g94-64: MARK EARHART (CONTRACTOR), 4913 THREE POINTS
BLVD,, LOT 4, BLOCK 4, SHADYWOOD POINT, PlD #13-117-24 11 0009,
VARIANCE FOR ADDITION.
The Building Official explained the request. The Planning Commission recommended approval.
The Council questioned the amount of hard cover on this property. The Building Official
explained that removal of a portion of the driveway would not have a significant impact on the
existing situation that is very effective in managing and filtering the storm water on this site.
The City Attorney suggested the #1. of the conditions in the resolution be modified to read as
follows:
"The City does hereby grant a variance recognizing the existing nonconforming lakeside
setback of 43 feet, the nonconforming side yard setback of 5 feet, and the nonconforming
impervious surface coverage of 47% or 2,892 square feet, to allow construction of a
room addition and a porch. The Council further finds that the existing drainage system
is designed to channel storm water from the hard cover areas through a small holding
pond abutting 3 Points Blvd. This holding pond removes fines and other pollutants
before the water runs over a grassy swale to the lake. This variance is being granted
with the express understanding that the holding pond and the swale will be maintained
and continued in its present configuration."
All other conditions remain the same. The Council agreed.
Ahrens moved and Jensen seconded the following resolution:
RESOLUTION #94-129
RESOLUTION TO APPROVE A VARIANCE FOR AN
ADDITION AT 4913 THREE POINTS BLVD., LOT 4,
BLOCK 4, SHADYWOOD POINT, PID #13-117-24 11
0009, P & Z CASE//94-64
The vote was unanimously in favor. Motion carried.
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September 27, 1994
1.4
CASE #94-65: JOHN AUSTIN (CONTRACTOR), 2700 WESTEDGE BLVD., LOT
1. BLOCK 2, BATDORF'S FIRST ADDITION, PID #23-117-24 24 0029,
VARIANCE FOR ADDITION.
The Building Official explained the request. The Planning Commission recommended approval.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION//94-130
RESOLUTION TO APPROVE A VARIANCE FOR AN
ADDITION AT 2700 WESTEDGE BLVD., LOT 1,
BLOCK 2, BATDORF'S FIRST ADDITION, PID #23-
117-24 24 0029, P & Z CASE//94-65
The vote was unanimously in favor. Motion carried.
1.5
CASE//94-66; RICK HANSON, 2710 WESTEDGE BLVD,, PART OF GOV'T.
LOT 3, SECTION 23, PID #23-117-24 24 0008, VARIANCE FOR DETACHED
GARAGE.
The Building Official explained the request. The Planning Commission recommended approval.
The Council did not waive the fee for the variance.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION//94-131
RESOLUTION TO APPROVE A LOT AREA
VARIANCE TO ALLOW CONSTRUCTION OF A
DETACHED GARAGE AT 2710 WESTEDGE BLVD.,
PART OF GOVERNMENT LOT 3, SECTION 23, PID
#23-11%24 24 0008, P & Z CASE//94-66
The vote was unanimously in favor. Motion carried.
1.6
CASE //94-67: TONY HOLMSTROM (CONTRACTOR), 3128 PRIEST LANE,
LOT 3, BLOCK 2, HIGHLAND SHORES, PID #23-117-24 34 0077, VARIANCE
FOR DECK.
The Building Official explained the request. The Planning Commission recommended approval.
Smith moved and Ahrens seconded the following resolution:
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September 27, 1994
RESOLUTION g94-132
RESOLUTION TO APPROVE A VARIANCE FOR A
DECK AT 3128 PRIEST LANE, LOT 3, BLOCK 2,
HIGHLAND SHORES, PID//23-117-24 34 0077, P & Z
CASE//94-67
The vote was unanimously in favor. Motion carried.
1.7
CASE //94-69: WAGNER SPRAY TECH CORP.. 5306 SHORELINE DRIVE
(BALBOA .BUSINESS CENTER), PID //13-117-24 34 0096, OPERATIONS
PERMIT.
The Building Official explained that this will be a warehouse area of approximately 20,000
square feet. The Operations Permit would be valid for up to 32,000 square feet. This use is
in conformance with all applicable building, health and fire codes.
Jessen moved and Jensen seconded the following resolUtion:
RESOLUTION//94-133
RESOLUTION TO APPROVE AN OPERATIONS
PERMIT FOR WAGNER SPRAY TECH
CORPORATION, 5306 SHORELINE DRIVE
(BALBOA BUH.DING)
The vote was unanimously in favor. Motion carried.
1.8
PUBLIC LANDS PERMIT FOR LAND ALTERATIONS (RIPRAP): STEPHEN
SWENSON. 4865 ISLAND VIEW DRIVE. LOTS 7 & 8. BLOCK 14, DEVON,
DOCK 'SITE//43575, DEVON COMMONS.
The Building Official explained the request. The Park & Open Space Commission recommended
approval.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION/D4-134
RESOLUTION TO APPROVE A PUBLIC LANDS
PERMIT FOR LAND ALTERATIONS (RIPRAP) ON
DEVON COMMONS, DOCK SITE //43575, 4865
ISLAND VIEW DRIVE, LOTS 7 & 8, BLOCK 14,
DEVON
The vote was unanimously in favor. Motion carried..
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September 27, 1994
1.9
PUBLIC LAND PERMIT TO ALLOW TRIMMING OF VEGETATION ON
WIOTA COMMONS ABUTTING 1748 AVOCET LANE, LOTS 15 & 16, BLOCK
9, DREAMWOOD, DOCK SITE//13690 - HOWARD HAGEDORN.
The Building Official explained the request. The Park & Open Space Commission recommended
approval.
Ahrens moved and Jessen seconded the following resolution:
RESOLUTION//94-135
RESOLUTION TO APPROVE A SPECIAL PERMIT
TO ALLOW TRIMMING OF VEGETATION ON
WIOTA COMMONS ABUTTING 1748 AVOCET
LANE, LOTS 15 & 16, BLOCK 9, DREAMWOOD,
DOCK SITE//13690
The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.10 SET PUBLIC HEARINGS ON SPECIAL ASSESSMENTS
MOTION made by Ahrens, seconded by Jensen to set the following public hearings
on special assessments for October 25, 1994: CBD (Central Business District),
delinquent utility bills, and unpaid mowing charges. The vote was unanimously in
favor. Motion carried.
1.11
PUBLIC DANCE PERMIT - BENEFIT DANCE FOR STEVE KOKALES
(LYNETTE BOSMA} - AT VFW. OCTOBER 15. 1994. 8:00-12:30. (APPLICANT
ASKED THAT FEE BE WAIVED)
This item was removed from the Agenda at the applicant's request.
1.12
REQUEST FROM RICE LAKE CONTRACTING TO EXTEND COMPLETION
DATE FOR THE 1994 LIFT STATION IMPROVEMENT TO NOVEMBER 18,
1994.
The City Manager explained that the reason for the extension request is that the pumps just
arrived on site. The City Engineer recommended approval. The Council asked the City
Manager to make sure this extension does not add additional cost to the project.
472
geptember 2"/, 1994
MOTION made by Smith, seconded by Jensen to approve the request of Rice Lake
Contracting to extend the completion date for the 1994 Lift Station Improvement
Project to November 18, 1994. The vote was unanimously in favor. Motion carried.
1.13 PAYMENT REQUEST//3, 1994 LIFT STATION IMPROVEMENT, RICE LAKE
CONTRACTING - $104,051.60.
The City Manager stated that the City Engineer has recommended approval of the payment
request.
MOTION made by Jessen, seconded by Jensen to approve Payment Request//3, 1994
Lift Station Improvement Project, by Rice Lake Contracting in the amount of
$104,051.60. The vote was unanimously in favor. Motion carried.
1.14 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 $103,303.23, when funds are available.
A roll call vote was unanimously in favor. Motion carried.
ADD-ON ITEMS
1.15 SET BID OPENING
MOTION made by Jensen, seconded by Ahrens to set October 17, 1994, for the bid
opening of the bids for snow removal from the Central Business District and
authorizing the advertisement for bids. The vote was unanimously in favor. Motion
carried.
1.16
1.17
RESCHEDULE NOVEMBER COUNCIL MEETING
MOTION made by Ahrens, seconded by Johnson to reschedule the 1st Council
Meeting in November to November 9, 1994, due to the Election being held on
November 8, 1994. The vote was unanimously in favor. Motion carried.
SET PUBLIC HEARING
MOTION made by Ahrens, seconded by Smith to set November 9, 1994, for a public
hearing to consider the issuance of a Conditional Use Permit to allow a Class IV
restaurant - nonintoxicating liquor service for Happy Garden at 2212 Commerce
Blvd. The vote was unanimously in favor. Motion carried.
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September 27, 1994
INFORMATION/MISCELLANEOUS:
Am
B.
C.
D.
August 1994 Financial Report as prepared by Gino Businaro, Finance Director.
Park & Open Space Commission Minutes of September 8, 1994.
Planning Commission Minutes of September 12, 1994.
Minnehaha Creek Watershed District Information Items.
MOTION made by Jessen, seconded by Jensen to adjourn at 8:50 P.M. The vote
was unanimously in favor. Motion carried.
~.! u~e, Jr., City Manager
Attest: City Clerk
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BILLS
September 27, 1994
BATCH 4092 $103,303.23
Total Bills $103,303.23