1977-02-22
32 \~
MINUTES OF THE COUNCIL MEETING OF FEBRUARY 22, 1977 at 7:30 P.M.
AT THE MOUND COUNCIL CHAMBERS
Present were: Mayor Tim Lovaasen; Councilmen Gord.o.n Swenson, Ben Withhart,
Orval Fenstad and Robert Polston; Attorney Curt Pearson; ahd City Manager
Leonard Kopp.
MINUTES _
The minutes of the meeting of February ~',8, 1977 ~exe Ep-r~~nted.fczr~ co.nsiderati.on
Swenson moved a.nd Fenstad. seconded a motion to accept the minutes of the Feb.
8, 1977 meeting as presented. The vote was unanimously in favor, so carried
and. accepted.
The minutes of the February 15, 1977 meeting were tabled. until the meeting of
March 8, 1977 by motion of Polston and. seconded of Swenson. The vote was
unanimously in favor.
COMMENDING ALAN K. GREENE
Swenson moved, and Withhart seconded a motion
RESOLUTION 77-96 RESOLUTION COMMENDING ALAN K. GREENE
For his services as chairman of the Park :- - - - ~d
The vote was unanimously in favor Commission
COMMENDING TOBY KRAUSE
Fenstad moved and Swenson seconded a motion
RESOLUTION 77-97 RESOLUTION COMMENDING JAMES
"TOBY" KRAUSE for his 25 years in the
Public Works Dept. of the City of Mound
The vote was unanimously in favor
PLANNING COMMISSION MINUTES
Item 1
Thomas Shanley
Lots 18 a.nd 19, Block 2, Shuirley Hills Unit F
Request use of trailer for outside storage
Fenstad moved a.nd Withhart seco.nd.ed a motion
RESOLUTION 77-98 RESOLUTION CONCURRING WITH THE
PLANNING COMMISSION AND ALLOWING
USE OF TRAILER FOR STORAGE UNTIL
AUGUST 26, 1977 -Lots 18 & 19, Block 2,
Shirley Hills Unit F
The vote was unanimously in favor
WELL NUMBER SIX
Polston moved. and Fenstad seconded a motion
RESOLUTION 77-99 RESOLUTION REQUESTING MORE DETAILED
INFORMATION ON CHANGE ORDER #2 FOR
WELL #6
The vote was unanimously in favor
.4.:....1.1~1L«~ .~u~uYiauWi~~tiY~i ,ui
33
LONG WATER AND SEWER SERVICES
The engineer and the Public Works Director recommended: a 1o.ng water service be
allowed. for Lots 5, 6 and. 7, Block 11, Whipple.
Polston moved and Swenson seconded a motion
RESOLUTION 77-100
The vote was unanimously in favor
RESOLUTION APPROVING WATER AND
SEWER SERVICE TO LOTS 5, 6, and 7,
BLOCK 11, WHIPPLE -Public Works Director
to inspect the installations.
POLICE CHIEF CHUCK JOHNSON
Fenstad moved and Swenson seconded. a motion
RESOLUTION 77 -101 RESOLUTION ESTABLISHING WAGES AND
WORKING CONDITIONS FOR POLICE CHIEF
The vote was unanimously in favor.
._ .
The Mayor administered. the oath of office to Charles Johnson,, the' xiew Cb~ief of
Police and after a round of congratulations and app~a.use and chief spoke briefly
and introduced his wife and. aunt and uncle.
BEACHSIDE DEVELOPERS
Eaaz1 Nelson, ~Iern Viet a.nd Thomas Betz were present with the revised plans
for the preposed complex. on Lost Lake. They changed the road plan and. the
access onto Bartlett Blvd. as well as increasing the size of the 'tot lot'. They
were requesting conceptual approval of the plans.- No action was taken.
COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT
Richard Gallagher -ask for release of tax. forfeit lot adjacent to his property.
The attorney will prepare the necessary papers.
LICENSES
TAXI CAB LICENSES
Lovaasen moved and Polston seconded a motion
RESOLUTION 77-102 RESOLUTION GRANTING TAXI CAB LICENSE
TO TOWN TAXI COMPANY CONDITIONALLY
Meeti insurance requirements - 3 cabs
The vote was unanimously in favor
CIGARETTE LICENSES
Withhart moved. and. Swenson seconded a motion
RESOLUTION 77-103
RESOLUTION GRANTING
CIGARETTES TO:
Gas Hut, Inc
Grimmn's Store
Supe name rica
Viking Pioneer I.nc:
LICENSES TO SELL
1~Yletro '500' Lnc.
R. J. Martin & So.n
Stage I Cafe
Tonka Toys
The vote was unanimously in favor
34
GARBAGE AND REFUSE COLLECTORS LICENSES
Fenstad moved. and Swenson seconded a motion
RESOLUTION 77-104 RESOLUTION GRANTING LICENSES TO
GARBAGE AND REFUSE COLLECTORS
Blackowiak & Son 3 trucks
Depe.nd.able Services 1 truck
Woodlake Sanitary Service 1 truck
The vote was unanimously in favor
5047 EDGEWATER DRIVE VARIANCE DENIAL
Fenstad moved a.nd Withhart seconded a motion
RESOLUTION 77-105 RESOLUTION DENYING APPLICATION FOR
A REAR YARD VARIANCE AND FOR AN
UNDERSIZED HOUSE FOR PROPERTY AT
5047 EDGEWATER =': S~st 1 / 2 of Lots 17 & 18,
Skarp & Lindquist Glen Arbor
The vote was unanimously in favor
VARIANCE DENIAL SHIRLEY HILLS UNIT C
Swenson moved. and Withhart seconded a motion
RESOLUTION 77-106 RESOLUTION DENYING AN APPLICATION
FOR SIDE YARD AND FRONT YARD SET
BACKS ON PART OF .LOT 1, BLOCK 1,
SHIRLEY HILLS UNIT C.
The vote was pols~torL,n~y andd~alhx~thers aye, so resolved.
TAX FORFEIT LAND
Lots 7, 8 and 9, Block 25, Devon are under water.
5wenso.n moved and Lovaasen seconded a motion
RESOLUTION 77-107 RESOLUTION AUTHORIZING AND DIRECTIi~O
APPLICATION FOR CHANGE OF USE FOR
LOTS 7, 8, and. 9, Block 25, Devon HELD
ON TAX FORFEIT DEED FROM PARK TO
WET LANDS
The vote was unanimously in favor
TUXEDO BLVD. EASEMENTS
Swenson moved. and Fenstad. seconded a motion
RESOLUTION 77-108 RESOLUTION AUTHORIZING AND DIRECTING
APPLICATION FOR CONVEYANCE FROM "' I
THE STATE FOR LOTS 18 & 19, BsLOCI~ 7 8a
LOTS 17 & 18, BLOCK 14, PEMBROKE FOR
STREET PURPOSES.
The vote was unanimously in favor
BILLS
A list of bills totaling $8, 693.40 was presented for consideration. Swenson moved a.nd
Polsto.n seconded a motion to pay these bills where funds are available. The roll
call vote was u.na.nimously in favor.
~'
35
RESOLUTION N0. 77-105
RESOLUTION DENYING APPLICATION FOR A REAR
YARD VARIANCE AND FOR AN UNDERSIZED HOUSE
FOR PROPERTY AT 5047 EDGEWATER DRIVE -
East 1~2 of Lots 17 and 18, Skarp and
Lindquist Glen Arbor
WHEREAS, Chapter 462 of the Minnesota Statutes authorizes the City
Council, with the aid and assistance of the City Planning
Commission, to carry out municipal planning activities which
guide development and improvement of our community, and
WHEREAS, Crawford, Inc. represented by Warren Anderson and Richard
Haefele, attorney at law, appeared on behalf of the purchaser
and the seller of property at 5047 Edgewater Drive and re-
quested a rear yard variance and a variance for an undersized
house, and
WHEREAS, the application was considered by the riound Planning Commission
on January 27, 1977, and the Planning Commission unanimously
recommended that a building permit be granted provided that all
setbacks be met and that the existing structure be brought up
to code. and
WHEREAS, the present structure located on the property at 5047 Edgewater
Drive does not meet the rear yard requirements and is undersized
under the Mound code of ordinances, and further that said home
was constructed many, many years ago, probably as a summer home
or cabin, and has not been upgraded to meet the current zoning
and building codes, and
WHEREAS, a non-conforming use may continue to exist under Section 23.20,
of the Mound Code of Ordinances, and under Section 23.20 Subd. a,
"such use may be extended through the building provided no struc-
tural alterations are made therein other than those required by
law or ordinance, or as may be necessary to establish conformity",
and
WHEREAS, this Council is making a strenuous effort to get non-conforming
uses to conform to existing building codes and zoning ordinances
in an effort to upgrade the community and to prevent blight, and
WHEREAS, variances may be grranted if there are special circumstances or
conditions affecting the property so that the strict a~~lication
of the provisions of the city's zcning and building codes would
deprive the applicant of the reasonable use of his land and that
the use is necessary for the preservation and enjoyment of a
substantial property right, and further that the variance will not
be detrimental to the public welfare or injurious to other property
in the neighborhood, and
WHEREAS, this matter was presented to the City Council by the applicants on
February 8, 1977, and there was no showing that this property is
unioue or tl-,at there are special circumstances relating to the
property, but rather the evidence appears to indicate that this
is a very marginal dwelling which needs major repairs and that it
is in the best interests of the community to have the structure
upgraded to meet all ordinances and that otherwise the structure
should be torn down and the land could be used for any authorized
use under the zoning ordinances, ell of which would prevent blight
and prevent an adverse affect on the neighborhood,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TEE CITY OF MOUND,
MIAZr'ESOTA
1. The application for variances for property at 5047 Edgewater
Drive is hereby denied for the aforestated reasons.
2. This~Council concurs with the Planning Commission that a
building permit for this non-conforming use property be
granted, provided that all set back and side yard require-
ments be met and that the existing structure be brought in
compliance with the existing building and zoning ordinances.
36
RESOLUTION N0. 77-106
RESOLUTION DENYING AN APPLICATION FOR SIDE
YARD AND FRONT YARD SET BACKS DN PART OF
LOT 1, BLOCK 1, SHIRLFY HILLS UNIT C
WHEREAS, Chapter 462 of the Minnesota Statutes authorizes the City
Council with the aid and assistance of the City Planning Com-
mission to carry out municipal planking activities which guide
development and improvement of our community, and
WHEREAS, Sections 23.31, 23.32 and 23.34 of the City Code relate to lot
area requirements and side and front yard requirements and es-
tablish standards for the city in the Residential A-1 District,
and
WHEREAS, Jessie M. Jacobson owned property on part of Lot 1, Block 1,
Shirley Hills Unit C, abutting County Road No. 125 and in 1965
had a survey prepared showing a division of the property, and
said survey was submitted to the Mound Planning Commission for
their consideration and the records are incomplete as to any
official action by the Planning Commission, but a letter has been
introduced indicating that the Planning Commission looked at the
survey and did not take any action but recommended that if a
division were to take place, "we would like to recommend that
consideration be given to the potential placement of another
residence which will conform with the side yard and front set
back requirements. Lakeshore is considered to have two fronts ",
and
WHEREAS, the property owner did nothing about pursuing this matter with
the Planning Commission and did r.ot return to the City for any
further action, but in effect in 1969 divided the property con-
trary to Chapter 22 of the Mound Code of Ordinances and Section
462.35e of the Minnesota Statutes, and as a result of said con-
veyance did create an undersized lot for that land which she
retained, and
~H~,REAS, certain officers of Hennepin County accepted this conveyance for
recording and other officers divided the taxes on this parcel and
did in effect create two parcels contrary to both state and city
law, and
';JHFREAS, in 1975 the property owner applied for a variance for the land
which she had kept as a residue and which did not have a struc-
ture because said parcel, now being Plat 62030, Parcel 1020, has
an area of 8048.7 feet which is 1951.3 feet short of the required
10,000 square feet for a residential A-1 zone, and
WHEREAS, the Mound Council did on August 12, 1975, erroneously approve a
variance which w"~s immediately rescinded on August 26, 175, when
it was called to their attention that the property had been
created contrary to city and state law, and
'~~-IFREAS, the applicant r.ow has obtained an option for certain lands lying
south and easterly of their property and the land which they
propose to acquire to meet the scuare footage recuirement is a long,
narrow piece of property abutting Lake Minnetonka and that the
addition of this land satisfies the square footage recuirement for
the use district but in effect is not helpful because the addition
Of the land does not improve or add to the area on which a building
can be constructed in compliance with the city zoning Code, 8rid
S, this matter was presented to the Aiound Planning Commission on
January 27, 1977, and, the Planning Commission recommended to this
Council that the reeuest for variances be denied because it would
i
~~
37
allow for the construction of a structure which would be out of
line with and inconsistent with other lands adjacent to this prop-
erty and further found that the .request for a front yard setback
25 feet from a busy county ~'i"ghway and a lake front setback of 25
feet from Lake Minnetonka are inconsistent with the efforts of the
community to guide and plan development, and
WHF~REAS, the applicant appeared before the City Council on February 8, 1977,
and after considering all of the facts the City Council determined
that they follow the recommendations of the Planning Commission,
NOW, THEREFORE, BE IT RESOLVED BY T'rIE CITY COUNCIL OF THE CITY OF MOUND,
MINNESOTA:
1. The application of Jessie M. Jacobson for front and side yard
variances for part of Lot 1, Block 1, Shirley Hills IInit C, is
hereby denied based on the following findings:
a. The petitioner has in effect created her own hardship by ille-
gally dividing her property into two units without the approval
of the Planning Commission or City Council of the City of Mound
and contrary to the subdivision requirements of the City and
State.
b. The applicant has made a good faith effort to acquire additional
land to comply with the minimum square footage requirements of the
zoning ordinance, but the land which they propose to acquire does
not add to or improve the ability of the applicants to erect a
structure on said property without the necessity for numerous
variances.
c. The applicant's request for a variance for the front yard set-
back from County Road No. 125 would place the structure too
close to a heavily traveled highway in an area where traffic
will be exiting from a bridge and w},ere there are other safety
problems. It also would require an unusual front yard to allow
for a turnaround so that vehicular traffic from the building
would be entering in a forward direction rather than backing
onto a major county highway. It is a finding of this Council
that such a front yard setback would create a safety problem
for the motoring traffic as well as the persons who would reside
in any structure on the property.
d. The applicant has requested a side yard setback of ten feet, and
it is the concensus of opinion by this Council that such a vari-
ance might be g~~ nted without doing offense to the intent of
the zoning code.
e. The applicant requests a lake front setback of 25 feet, which
is contrary to the zoning ordinance of the City of Mound, does
not conform with the Lake Conservation District requirements,
and probably violates the Minnehaha Watershed regulations. The
applicant indicates that they do not have approval of these
public bodies because those bodies are desirous of hearing from
the City of Mound prior to making a decision. It is a finding
of this Council trat construction of a home 25 feet from the lake
and substantially in front of properties located to the north and
west is not in the public interest and would have an adverse
affect on adjacent properties and on the neighborhood.
f. It is a finding of this Council that based on the fact situation
set forth in the Whereas provisions of this resolution, the
applicant's dilemma was created by her own failure to comply
with city and state law.
2. It is a further finding of this Council that the petition for
variances should be denied because the granting of the variances
would have an adverse and detrimental effect on the health, safe-"
ty, and general welfare of the City and would be in direct viola-
tion of health and safety provisions provided by the zoning ordin-
ances of the City.
38
WATER BILLS -Councilman Polston
Want the Water Study to include:
Number of stuck water meters
Number of customers being sent estimated bills
Number of customers without water meters
Number of outside readers
He also included an independent study~of customers bills and one from our largest
consumer and found the spread in price was from 60~ per thousand to 15.3 per
thousand for the largest consumer. He requested this also b~e included in the
study. - ,~ , . --
DISCUSSED:
Dutch Elm Disease
Multiple Dwelling
Liquor Legislation, on used containers
Fiscal Study - Brookyn Park
Assn of Metro Municipalities -vacant position (The Mayor wilt apply)
Public Works Commission establishment -March 15th agenda
Swenson moved and Polston seconded a motion to adjourn until Wednesday, February
23, 1977 at ?:30 P.M. The vote was unanimously in favor, so carried and
adjourned.
Barbara Heyman, Ci~y Clerk
Attest: -
eonard L. Kopp, Cit anager