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