1997-03-25Minutes - Mound City Council - March 25, 1997
MINUTES - MOUND CITY COUNCIL - MARCH 25, 1997
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, March 25, 1997, at 7:30 PM, in the Council Chambers at 5341 Maywood Road,
in said City.
Those present were: Acting Mayor Andrea Ahrens, Councilmembers Mark Hanus, and Leah
Weycker. Mayor Bob Polston, Councilmember Liz Jensen were absent and excused. Also in
attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, Building
Official Jon Sutherland, and City Clerk Fran Clark and the following interested citizens: Brian
Stevenson, Joan Baynes, Gabriel & Colleen Jabbour, Robert Pierce and Phillip Klein.
The Acting Mayor opened the meeting and welcomed the people in attendance. The Pledge of
Allegiance was r~ited.
*Consent Agenda: All items listed under the Consent Agenda are considered to be routine by
the Council and will be enacted by a roll call vote. There will be no separate discussion of these
items unless a Councilmember or Citizen so requests, in which event the item will be removed
from the Consent Agenda and considered in normal sequence.
OPEN MEETING - PLEDGE OF ALLEGIANCE.
APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or
items can be removed from the Consent Agenda and voted upon after the Consent Agenda has
been approved.
Councilmember Hanus asked that Item F on the Consent Agenda be removed for consideration
on the Regular Agenda.
*CONSENT AGENDA:
MOTION made by Hanus, seconded by Weycker to approve the Consent Agenda
and the Regular Agenda as amended above. A roll call vote was 3 in favor with
Mayor Polston and Councilmember Jensen being absent and excused. Motion
carried.
*1.0 APPROVE THE MINUTES OF THE MARCH 4, 1997, REGULAR MEETING.
MOTION
Hanus & Weycker, unanimously.
*1.1 APPROVE THE MINUTES OF THE MARCH 18, 1997, COMMITTEE OF THE
WHOLE MEETING.
MOTION
158
'1.2
'1.3
'1.4
'1.5
Minutes - Mound City Council - March 25, 1997
Hanus & Weycker, unanimously.
CASE 97-11: .lAMES & DENISE CRAWFORD, 5224 WATERBURY RD., LOTS
5, 6 & 9-12, BLOCK 18, WHIPPLE LOT 9, BLOCK 13, DEVON, PID #25-117-24
11 0034. REQUEST: WAIVER OF PLATTING - RESOLUTION GRANTING
THE WAIVER OF PLATTING AND GIVING THE "LOT OF RECORD" STATUS
FOR THIS CASE.
RESOLUTION #97-31
RESOLUTION APPROVING SUBDIVISION WAIVER
FOR LOTS 5, 6, 9 AND 12, BLOCK 18, WHIPPLE
(5224 WINDSOR ROAD) AND ACCORDING LOT OF
RECORD STATUS FOR LOTS 5 AND 6, BLOCK 18,
WHIPPLE, P & Z CASE g9%11
Hanus & Weycker, unanimously.
CASE g9%09: BRIAN & PATRICIA STEVENSON, 6189 SINCLAIR ROAD, LOT
5, BLOCK 17, THE HIGHLANDS, PID #23-227-24 34 0070. REQUF~T:
VARIANCE FOR DECK & MUD ROOM ADDITION.
RESOLUTION #97-32
RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING AN EXISTING NONCONFORMING
DECK & SHED TO ALLOW CONSTRUCTION OF A
CONFORMING DECK & MUD ROOM ADDITION
AT 6189 SINCLAIR ROAD LOT 5, BLOCK 17, THE
HIGHLANDS, 23-11%24 34 0070 P&Z CASE g97-09
Hanus & Weycker, unanimously.
CASE//9%10: ROBERT S. PIERCE, 1741 BLUEBIRD LAND, LOTS 11 & P/12,
BLOCK 9, DREAMWOOD, PID #13-11%24 24 0004. REQUEST: VARIANCE
FOR SECOND STORY ADDITION.
RESOLUTION I/9%33
RESOLUTION TO APPROVE A REAR YARD
SETBACK VARIANCE TO ALLOW CONSTRUCTION
OF A SECOND STORY ADDITION AT 1741
BLUEBIRD LANE LOT 11 & THE SOUTHEASTERLY
79 FEET OF LOT 12, BLOCK 9, DREAMWOOD, PID
13-11%24 24 0004, PID P&Z CASE g9%10
Hanus & Weycker, unanimously.
APPLICATION FOR QUASI-PUBLIC FUNCTION-PORTABLE SIGN, MOUND
POLICE DEPARTMENT-FAMILY HEALTH & SAFETY DAY, MAY 16 & 17,
1997
159
Minutes - Mound City Council - March 25, 1997
MOTION
Hanus & Weycker, unanimously.
· 1.6 LICENSE RENEWALS: HAWKERi TRANSIENT MERCHANTi TREE
REMOVALi SET-UPi AND PUBLIC GATHERING PERMITS.
MOTION
Hanus & Weycker, unanimously.
'1.7
SET DATE FOR BID OPENING FOR 1997 SEAL COAT PROJECT, SUGGESTEr}
DATE: APRIL 10, 1997.
MOTION
Hanus & Weycker, unanimously.
'1.8 PAYMENT OF BILLS.
MOTION
Hanus & Weycker, unanimously.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.9
CASE//9%05: PHILLIP A. KLEIN, 5010 WOODLAND ROAD, LO'IS 13 & 14,
BLOCK 20, SHADYWOOD POINT, PID //13-117-24 11 0146. REQUF~qT:
VARIANCE FOR ADDITION.
The Building Official explained that this item has been before the Planning Commission twice
and both times they recommended denial. The reasoning was that neither staff nor the Planning
Commission could find a hardship or practical difficulty for the variance. There is also a
variance free solution.
Councilmember Hanus felt that three things need to be taken into consideration:
1. This lot fronts on 3 streets and therefore has 3 front yard setbacks.
2. The applicant has decreased the addition from 16 feet to 14 feet.
3. There are problems with the soil on this lot.
He further stated that he feels these three things combined show a hardship and create practical
difficulty.
160
i 11 i i i I1, i , I ,I ,
Minutes - Mound City Council - March 25, 1997
He also referred to Case #97-10 which was approved on the Consent Agenda tonight, which was
similar in some respects to this case. Both properties are currently conforming, both properties
are being proposed to be nonconforming and in both cases, Staff indicated that there are
possibilities of having additions put on over the garages. I-Ie noted that the amount of the
encroachment in Case g97-10 is very minimal because the encroaching portion is cantilevered
which has less impact than if it were an entire wall.
The Building Official stated that ordinance setback provisions for comer lots are an issue that
deserve further study by the Planning Commission to come up with different setbacks for comer
lots. The Council agreed.
MOTION made by Ahrens, seconded by Hanus to direct Staff to prepare a
resolution of approval for Case//97-05: Phillip A. Klein, 5010 Woodland Road,
Lots 13 & 14, Block 20, Shadywood Point, PID //13-117-24 11 0146, Request:
Variance for addition. The vote was unanimously in favor. Motion carried.
The Council discussed lots fronting on 3 streets, comer lots and the problems with the required
setbacks and asked that Staff and the Planning Commission see if they can come up with less
restrictive setbacks for these lots.
1.10
CASE//97-13: BRADLEY H. WHITE, 5090 WINDSOR ROAD, LOT 4, BLOCK
1, TEAL POINTE, PID //25-11%24 12 0234. REQUEST: VARIANCE FOR
SIDEYARD SETBACK.
The Building Official reviewed the request. He reported that when the preliminary plat for Teal
Pointe was submitted the developer originally proposed the vacation of Cobden Lane. The
vacation was denied. The general conclusion was that Cobden Lane would probably never be
improved for street purposes. The preliminary plat that was filed for Teal Pointe incorrectly
identified a 10 foot setback requirement from the Cobden Lane right-of-way. The plat was
drawn assuming setbacks with the right-of-way being vacated. The Planning Commission
reviewed this case last night and a motion for approval failed on a 3 to 3 vote. Staff
recommended approval.
MOTION made by Hanus and seconded by Weycker directing Staff to prepare a
resolution of approval for Case//97-13: Bradley H. White, 5090 Windsor Road, Lot
4, Block 1, Teal Pointe, 161PID//25-117-24 12 0234, variance for sideyard setback.
The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS:.
A. Department Head monthly reports for February 1997.
B. LMCD representative's monthly report for February 1997.
C. LMCD mailings.
161
Minutes
D.
E.
Go
- Mound City Council - March 25, 1997
Financial report for February 1997, as prepared by Gino Businaro, Finance Director.
Letter from James L. Girard, Commissioner of the Department of Revenue in response
to the City of Mound's letter regarding city spending practices. His comment on the
second page, last paragraph is interesting concerning communication. It would have been
better if he would have been willing to sit down and discuss his concerns with the League
of Minnesota Cities before he wrote his December 11, 1996 letter.
Questionnaire from the Westonka Area Chamber of Commerce RE: Price of government
and property tax if you are interested, complete the questionnaire and return it to the
Chamber.
Planning Commission Minutes of March 10, 1997.
Year end review and anticipated projects for the Suburban Rate Authority (SRA).
Response to chairperson Polston's letter RE: HRA concerns on building at 2020
Commerce Blvd. Upon receipt of this letter, I sent a copy to Pinky Charon. Suggested
to her that we continue to persist in getting better answers from HUD, Ramstad's office
and others.
Park & Open Space Commission Minutes of March 13, 1997.
MOTION made by Hanus, seconded by Ahrens to adjourn at 8:05 P.M. The vote
was unanimously in favor. Motion carried.
{.~dward J. Shu~e{ Jr., City Manager
3,ttest: City Clerk
162
BILLS March 25, 1997
Batch 7024 $143,991.28
Batch 7032 141,673.83
Total Bills $285,665.11