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1984-09-25191 September 25, 1984 REGULAR MEETING OF THE CITY COUNCIL The City Council of Mound, Hennepin County, Minnesota, met in regular session on September 25, 1984, at 7:30 P.M., in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Pinky Charon, Phyllis Jessen, and Russ Peterson. Councilmember Paulsen arrived at 7:35 P.M. Also present were: City Manager Jon Elam, City Attorney Curt Pearson, Building Inspector Jan Bertrand, City Clerk Fran Clark and the following interested citizens: Michael Banicki, Bob Anderson, Bev Prouty, Jon Albinson, Rich Ahmann, Dale Ellen Vaughn, Jon Nelson, Margaret Hanson, Robert Hanson, Seneca Seaman, and Jim Nordby. The Mayor opened the meeting and welcomed the people in attendance. HINUTES The Minutes of the August 28, 1984, Regular Meeting were presented for consideration, as corrected Eby the City Clerk. Jessen moved and Charon seconded a motion to approve the Minutes of the August 28, 1984, Regular Meeting. as corrected. The vote Was unanimously in favor. Motion carried. Councilmember Paulsen arrived at 7:35 P.M. PUBLIC HEARING• CONDITIONAL USE PERMIT FOR TOWNHOUSES IN 1700 BLOCK OF COMMERCE BLVD.. PERMA BUILT. INC., "PORT HARRISON TOWNHOUSES Mr. James Nordby, Agent for the townhouses, presented the plan and the changes that were made by the Planning Commission, which were to raise the level of the garage to 933.67 feet, and maintaining a 50 foot setback from the lagoon. He explained that the Watershed District suggested that they put in a pond which will take the drainage from the entire site. They have also changed the sewer and water line location. Councilmember Charon asked if the brush on the lot would be cut down. Mr. Nordby stated that yes they will be maintaining the area. Councilmember Peterson questioned the 35 foot height restriction. The Building Inspector explained that they do not need a variance for this because it is measured by the mean (average of the roof pitch). 192 September 25, 1984 The City Manager explained that the two variances needed are sideyard variances of 4 and 8.5 feet from the B-2 reside-ntial setback standards of Section 23.630.5(3) and are necessary to permit maximum utilization of the property since they exceed the 20 feet minimum setback standards as established in Section 23.b20.7(d). Mayor Polston asked that the revised site plans, building plans, renderings and the engineering requirements as set forth in the City Engineer's letter of August 10, 198, be marked as exhibits and become a part of the resolution. The Staff stated this would be added to the proposed resolution, also a change in ~2 from condominium to townhouse. Councilmember Jessen asked the developer about boat dockage for the units. Mr. Nordby stated that the units would be allowed one boat each and that the maximum length would be 20 to 22 feet with an 8 foot beam width because of the limited space. Councilmember Paulsen asked if this proposal meets the requirements of the Wetlands Ordinance. The Building Inspector replied yes. Mr. Nordby explained that they will be taking aut poor soil and filling with a granual fill^and compaction. Councilmember Paulsen asked if the~Fire Department has gone over the plans for the townhouses. The Building Inspector stated yes and that the Fire Dept. had no objections. Access was not a problem because they feel the 20 foot setback is sufficient. The Mayor opened the public hearing and asked if there were any comments from the public present for or against the granting of this Conditional Use Permit. JON NELSON owner of property to the east asked if the developer has a plan for the lakeshore site. Mr. Nordby answered yes, but that it is in his car. Mr. Nelson stated that since he is interested in developing his property in a similar manner he will be interested in seeing the plans. DALE VAUGHN, owner of an interest in the property to the south of the site asked about where the rip-rap would be placed. Mr. Nordby stated just at the outlet of the ponding area. She also asked about the boat dockage and how the owners would be using this. Mr. Nordby stated that they would have to tie up to the seawall. She also asked about the trees on the property line. Mr. Nordby stated that he will work this out with her. The Mayor closed the public hearing. Charon moved and Peterson seconded the following resolution: 193 September 25. 198+ RESOLUTION #84-144 RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A FOUR UNIT, TOWNHOUSE MULTIPLE FAMILY STRUCTURE IN THE GENERAL BUSINESS (B-2) ZONE IN THE 1700 BLOCK OF COMMERCE BLVD, PID #13-117- . 24 22 0252 The vote was unanimously in favor. Motion carried. PUBLIC HEARING• WETLANDS PERMIT FOR LOTS 11-22, BLOCK 14, WYCHWOOD, MICHAEL J. BANICKI The Mayor asked if there were any questions from the Council before he opened the public hearing. The City Manager stated that it was the Planning Commission's thought that Mr. Banicki has improved the area in excess of any damage that may have been done. Councilmem ber Jessen asked Mr. Banicki if he had started the work before the Wetlands Ordinance was approved or after. Mr. Banicki stated that it was his understanding that he could do what he has done if the area was under 1 acre. He felt he just misunderstood the ordinance. Councilmember Jessen asked what the site looked like before he started filling it. Mr.~Banicki stated that is was like a dump with old snowmobile frames, tires. etc. which he has since pulled out. He further stated that where he has filled was dry land and that his understanding is the high water elevation is 931 and he has not filled below that level. Councilmem ber Jessen complimented Mr. Banicki on the looks of the site, but stated she is disappointed because he know-about the Wetlands Ordinance and went ahead and filled anyway without a permit initially. She stated that she feels it is important that the Wetlands Ordinance is upheld. The Mayor opened the public hearing and asked if there was anybody present who wished to speak for or against the granting of the proposed Wetlands Permit. There was noone. The City Manager stated that the Planning Commission has recommended approval of this permit. Peterson moved and Charon seconded the following resolution: RESOLUTION #84-145 RESOLUTION TO APPROVE THE WETLANDS PERMIT FOR MICHAEL J. BANICKI, PID #19-117-23 32 0001 194 September 25. 1984 Councilmem ber Peterson stated that he feels done alot to improve the property and Cher understanding of the Wetlands Ordinance which confusion. Councilmembers Paulsen and Charon Mr. Banicki has e was a lack of may have caused agreed. Mayor Polston asked if what Mr. Banicki did is allowed under the provisions of the Wetland Ordinance because he did not want to approve something which might destroy the integrety of the ordinance. The City Attorney stated that this is allowed under the provisions of the Wetlands Ordinance and read the applicable section. He suggested that Council incorporate the survey and findings in the resolution of approval. The maker of the motion agreed and so did the seconder. The vote was unanimously in favor. Motion carried. CASE #84-357: ROBERT & MARGARET HANSON, 5425 BARTLETT BLVD.. LOT 27, THE BARTLETT PLACE, UPPER LAKE MINNETONKA, RECOGNIZE EXISTING NONCONFORMING LOT WIDTH ~ SET- BACKS TO SIDEYARD The City Manager explained that the applicant has applied for a variance in setback to sideyard for an existing building and lot width to construct a 24 x 23 foot attached garage with the required setbacks to the side lot lines of 10 feet and 6 feet for lots of record. The Planning Commission recommended approval. Jessen moved and Paulsen seconded the following resolution: RESOLUTION #84-146 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE A VARIANCE REQUEST TO RECOGNIZE EXISTING NONCONFORMING SETBACKS OF THE PRINCIPAL BUILDING AND THE LOT WIDTH FOR LOT 27, THE BARTLETT PLACE UPPER LAKE MINNETONKA (PID #24-117- - 24 23 0027) The vote was unanimously in favor. Motion carried. CASE #84-358: SCOTT MILES, 2235 COHMERCE BLVD, SIGN PERMIT The City Manager explained that Mr. Miles applied for 2 separate sign permits. One was approved by the Planning Commission for a wall sign and the other which was not approved was for a roof top. flashing sign. The Council agreed that they were not in favor of the flashing sign. Charon moved and Jessen seconded the following resolution: 195 September 25, 1984 RESOLUTION #84-147 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A SIGN PERMIT FOR A WALL HOUNTED SIGN TO SCOTT MILES, 2235 COMHERCE BLVD., PID #13-117-24 33 0046 The vote was unanimously in favor. Motion carried. CASE #84-359• JAMES C. HILL, 5045 BARTLETT BLVD., PID #24-117- 24 12 0024, FENCE HEIGHT VARIANCE ~ SETBACK VARIANCE The City Manager explained that Mr. Hill has applied for a variance to construct a 6 foot high privacy fence within the required front yard and an above ground pool within 23 feet at the closest point to the lot Line with a deck attached to the pool within 12 feet of the lot line. He further explained that the need for these variances are because of the shape of the lot. The Planning Commission recommended approval of the variances requested and the 6 foot fence with the stipulation that if the pool were removed at any time. the fence would also be removed. Jessen moved and Peterson seconded the foblowing resolution: RESOLUTION #84-148 RESOLUTION~TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A -FENCE HEIGHT VARIANCE AND SETBACK VARIANCE FOR SOUTHWESTERLY 10 FEET OF LOT 3, ALL OF' LOTS 4, 5 AND 29, AND SOUTHWESTERLY 50 FEET OF LOT 30, BLOCK 5, SHIRLEY HILLS UNIT B, PID #24-117-24 12 0024 15045 BARTLETT BLVD.) The vote was unanimously in favor. Motion carried. CASE #84-361• PETER ~ KIM JOHNSON, 3140 PRIEST LANE, LOT 4:BLOCK 2, HIGHLAND SHORES, FRONT YARD & LAKESHORE SETBACK VARIANCE The City Manager explained that Mr. & Mrs. Johnson have applied for a variance in setback to the lakeshore and street front to construct a home on a vacant parcel. The Planning Commission has recommended approval because of the shallowness of the lot and to afford the owner reasonable use of the property. Peterson moved and Charon seconded the following resolution: RESOLUTION #84-149 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE SETBACK VARIANCES AS REQUESTED FOR LOT 4, BLOCK 2, HIGHLAND SHORES ADDITION, PID #23-117-24 34 0078 196 September 25~ 1984 The City Attorney asked about the elevation of the home on the lot. The Building Inspector replied that it is 934.7 at grade at rear of house. The vote was unanimously in favor. Motion carried. GRADING PERMIT: ANTHONY VANDERSTEEG. 1861 COMMERCE BLVD. The City Manager explained that for some time the area behind Anthony's Floral has been filled with a variety of materials. Mr. Vandersteeg has requested a grading and reclamation permit for the area. The Staff is recommending approval of this permit with the following conditions: 1. The Exhibit "A"fill area be adhered to by the applicant with the silt fencing installed at the perimeter continuously and maintained in good condition. 2. Seeding or sodding shall be accomplished by October 1. 1986, or when filling is completed. whichever date is sooner. 3. The fill material that has been placed will have all material removed that will support decay. At t_he recommendation of the Buildi.-ng Official, a soils engineering firm will be retained and a report submitted to the City Engineer to verify compliance of this at the owner's expense. 4. Submit to the City Engineer any other required permits; i.e. Watershed District. 5. No further fill material will support decay with a log (or record) to be kept by the property owner of furture fill to be used stating the date received. where the fill was transported from. the name of the transporter and the number of yards received. 6. The owner is required to provide garbage/refuse service by an independent service for his floral and home use. 7. Erosion and dust control shall be by the use of haybales staked and secured in place or equal and dust control as approved by the City Engineer and Minnehaha Creeek Watershed District. 8. A bond shall be submitted in the amount of ~S~OOO. in favor of the City of Mound to cover possible corrective measures the City may incur to roads and streets. 9. This permit will expire October 1. 1986 or may be renewed by the City Manager. 10. The permit is non-transferable to a new property owner and it may be revoked after notification to the property owner. The Council discussed number 8 on the list of conditions and decided to delete it because this type of band is very expensive and probably would not be necessary. 197 September 25. 1984 Mr. Vandersteeg was present and stated that he will follow the guidelines as outlined and that he has hired Mr. Illies to help with the grading and clean up. Charon moved and Jessen seconded the following resolution: RESOLUTION #8~4-150 RESOLUTION TO APPROVE A GRADING AND LAND RECLAMATION PERMIT FOR GOY~T LOT 1~ SECTION 14-117-24 (PID #14-117-24 14 0003). ANTHONY YANDERSTEEG The vote was unanimously in favor. Motion carried. QUOTATION FOR GRADING OF DITCH NEAR MILL POND ADDITION The City Manager reported that the City now has the deed for the Anderson property and the City Attorney is in the process of recording it at Hennepin County. Since the City would like to get the drainage problem taken care this Fall: it will be necessary for the Council to approve the low quotation for the work so that it can be done soon. Two quotations were received and are as follows: 1. Widmer Bros.. Inc. X3.390.00 2. Illies & Sons #1.800.00 The Staff is recommending approval of the Illies & Sons quotation. Polston moved and Peterson seconded a motion to approve the quotation of Illies & Sons in the amount of #1.800.00 for the work necesary to resolve the drainage problem at Mill Pond. The vote was unanimously in favor. Motion carried. PUBLIC HEARING• CBD PARKING MAINTENANCE ASSESSMENT ROLE The City Manager explained that the proposed assessments have all been sent to the businesses in the CBD District. Randy Bickmann has submitted a letter to the City objecting to this assessment against his property. The Council noted the objection. Mr. Jon Scherven was present and asked how the assessment was figured. The City Manager explained the CBD Parking Maintenance formula and how it worked. The Mayor opened the public hearing and asked for any comments for or against any of the proposed assessments. JON SCHERYEN. asked what would happen to the land that the railroad owns if it were abandoned. The City Manager stated that it would be up to the railroad. but it could be sold to abutting businesses. 198 September 25, 1984 The Mayor closed the public hearing. Paulsen moved and Peterson seconded the following resolution: RESOLUTION #84-151 RESOLUTION ADOPTING THE CENTRAL BUSINESS DISTRICT ASSESSMENT ROLE IN THE AMOUNT OF #25600.64 TO BE CERTIFIED TO THE COUNTY AUDITOR AND SPREAD OVER 1 YEAR AT 8x - LEVY 9420 The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS FOR SEPTEMBER The Mayor opened the public hearing and asked if there was anyone present who would like to comment on the delinquent utility bills as presented. There was no comments. The Mayor closed the public hearing. Paulsen moved and Peterson seconded the following resolution: RESOLUTION #84-152 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF #2.713.10 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE FOR THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. PUBLIC FIREWORKS PERMIT The City Manager explained that American Fireworks Display Co. has applied for a Public Fireworks Permit to shoot fireworks on October 7, 1984, at dusk from a barge out in Cooks Bay. They have provided the proper insurance coverage. Charon moved and Jensen seconded a motion to approve the issuance of a Public Fireworks Permit to American Fireworks Display Co. for October 7. 1984. at dusk. to be launched from a barge in Cooks Bay. The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked if there were any comments or suggestions from the citizens present. There were none. PAYMENT OF BILLS The bills were presented-for consideration. Paulsen moved and Jensen seconded a motion to approve the payment of bills as presented on the pre-list in the amount 199 September 25. 1984 of #66.859.40. when funds are available. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Report from the Metropolitan Council Chair regarding the regional meetings. ° B. Letter from Optimum/Ideal (City insurance company) regarding the loss control visit - August 22. 1984. C. Minutes of Minnehaha Creek Watershed District from September 6. August 16. August 30. 1984. and Agenda for September 20. 1984. D. Planning Assistance Newsletter - Summer 1984. E. Newsletter from MWCC - The Outfall. F. Report on the 1984 Summer Recreation Program. G. Report from the Police Chief regarding the intersection of Tuxedo Blvd. and County Road 125. H. Planning Commission Minutes of September 10. 1984. The Mayor asked the City 'Manager for an update on the Town Square Project. The City Manager stated that there will be an orientation next week with some of the owners of property in the project to let them know w hat the procedures will be. There are titles to be examined. The developers are now looking at Spring as the soonest they could start. The HRA is in the process of acquiring the property's preliminary appraisals. The Manager stated that he will keep the Council informed on the progress. Polston moved and Peterson seconded a motion to adjourn at 9:45 P.M. The vote was unanimously in favor. Motion carried. J n Elam City Manager ~Jt.ttJV~. ~~ Fran Clark. City Clerk BILLS------SEPTEMBER 25, 1984 Air Comm 164.00 Robert Cheney 1,430.00 American Flagpole 300.00 Election Judges 1,801.55 Acro-MN 256.55 Griggs, Cooper 686.51 Holly Bostrom 150.00 Johnson Paper Co. 219.54 Blue Cross 137.01 Johnson Bros. Liquor 888.69 Burlington Northern 533.33 Mound Postmaster 208.48 Butch's Bar Supply 317.90 Minnegasco 50.90 Bradley Exterminating 19.00 Ed Phillips ~ Sons 556.25 Bill Clark Oil 225.97 Quality Wine 661.72 Continental Telephone 993.45 Suburban Utilities Supt's 20.00 Davies Water Equip 122.97 TRW Communications 231.80 Dray Publications 338.75 United Business Machine 458.00 Dyna Med 83.55 First Bank Mpls 4.00 Henn County Treas 38,190.00 Henn County Sheriff 459.75 J J Printing 105.00 Long Lake Ford 80.25 The Laker 165.69 MN Dept of Public Safety 40.00 Mpls Oxygen Co. 21.00 Mtka Portable Dredging 2,173.50 NW Bell Telephone 270.05 N.S.P. 4,317.17 TOTAL BILLS 66,859.40 Pitney Bowes Credit 26.00 Parkdale Enterprises 172.00 RCldentfications 197.75 Don Streicher Guns 315.34 Tri State Pump 953.54 Westonka Community Serv. 118.27 VanDoren Hazard Stallings 1,251.25 Wurst, Pearson, Hamilton 2,272.58 Waconia Ridgeview Hosp 90.00 Water Products Co. 1,069.34 R L Youngdahl ~ Assoc 3,511.00