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1988-11-29132 PJovember 29, 1g33 MINUTES - MOUND CITY COUNCIL - NOVEMBER 29, 1988 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 29, 1988, at 7:30 P.M., in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Don Abel, Liz Jensen, Phyllis Jessen, Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr, Acting City Clerk Linda Strong, City Attorney Curt Pearson, City Planner Mark Koegler, and Building Official Jan Bertrand and the following interested citizens: Jeri Forster, Tom Forster, Les and Charlotte Jensen, Lucille Maas, Juli and Tim Seehusen, Geoff Michael, Mike Barlow, Bob Brown, Andrea Ahrens, Dorothy and Bill Netka, Neil Richards, Frank and Nancy Buysse, Marilyn Byrnes, Jim Miller, Tom Casey, Barbara Robert, Sandy Roeglin, Janet Morgan, Brad Sohns, Shirley Andersen, Neil Weber, Howard Hagedorn, Donald Bonnicksen, Bradley Blazevic, Ken Smith and Bob and Marion Tomalka. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION made by Jessen seconded by Jensen to approve the minutes of the November 15, 1988, Regular Meeting as sub- mitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS City Manager Ed Shukle explained that the revised amount was $2924.08. Mayor Smith opened the Public Hearing regarding delin- quent utility bills. There was no one present in the audience who wished to speak on this issue. The Mayor closed the Public Hearing and turned the item back to the Council. Johnson moved and Jessen seconded the following resolution: RESOLUTION 88-177 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $2924.08 AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE TO THOSE ACCOIINTS. The vote was unanimously in favor. Motion carried. Report from Building Official on property located at 5909 Glen- wood Road. Jan Bertrand, Building Official, reported to the Council that she went to the property located at 5909 Glenwood Road. Through her observations, the owner Richard Janke was not in violation of the nuisance ordinance. She was not however able to enter the fenced in section of the yard or the house, as the gate was blocked shut 1 X33 ~aovember 29, 1933 with frozen material. Jan has spoken with Mr. Janke on the phone and he told her he intends to clean up the yard and remove the stored material before winter. The vehicles in the yard held current licenses. The City Attorney suggested Jan continue ob- serving the property and get in writting the list of things Mr. Janke intends to do and by what date. Jan agreed to meet with the neighbors to discuss the issue. CASE #88-728: Joel Dokken, (5042) Avon Drive. Lots 8-12, Block 4, Shirley Hills Unit B, PiD #24-117-24 12 0018. City Manager Ed Shukle informed the Council that the adjoining property owners had signed a purchase agreement to buy Lots 8 & 9 and that this item be tabled until further notice. MOTION by Johnson, seconded by Jensen to table this item un- til further notice. The vote was unanimously in favor. Mo- tion carried. CASE #88-730: Frank Buysse, property at 2017 Commerce Blvd., PID #14-117-24 14 0038. Mark Koegler summed up this item. Resolution was prepared in- cluding four stipulations and Mr. Buysse is aware of these stipulations. Jensen moved and Jensen seconded the following resolution: RESOLUTION #88-178 GRANTING A VARIANCE FOR THE "AFTER THE FACT" CONSTRUCTION OF A PARKING LOT WITHIN THE FIVE FOOT SETBACK REQUIRED UNDER SECTION 23.716.1(4) OF THE MOUND ZONING CODE FOR AN APARTMENT BUILDING LOCATED AT 2017 COMMERCE BOULEVARD, PID # 14-117-24-0038. The vote was unanimously in favor, resolution passed. CASE #88-736: Donald R. Bonnicksen, 2539 Emerald Drive, Lot 7, Block 6, Shirley Hills Unit "B". PID #24-117-24 12 0041. Building Inspector Jan Bertrand reviewed this item and stated that the Planning Commission is adding a sentence to item 3d of the proposed resolution stating that "The variance approval is valid for one year". Also to add to item 3a, "The entire struc- ture be brought up to the current building code standards./0 Mr. Bonnicksen is aware of these items. Jensen moved and Abel seconded the following resolution: RESOLUTION #88-179 RESOLUTION TO RECOGNIZE AN EXISTING NON- . CONFORMING STRUCTURE TO ALLOW STRUCTURAL MODIFICATIONS FOR LOT 7, BLOCK 6, SHIR- LEY HILLS, UNIT "B"; PID #24-117-24-12 0041 (2529 EMERALD DRIVE) P & Z 88-736 2 184 November 29, 1988 The vote was unanimously in favor. Resolution carried. CASE #88-737: Bradley Blazevic, 1871 Shorewood Lane Lot 2, Block 12, Shadywood Point, PID #18-117-23 23 0061. The applicant is proposing to construct a 26' x 30' addition to the southeast portion of his existing dwelling. The addition would be approximately 14 feet to the southeast property. The R- 1 zoning district with a 60' lot width requires a 6' and a 10' side yard setback. The present dwelling, from a 1970 survey, shows a 3.3' side yard on the northwest portion of the existing building. The applicant shall submit a current survey to the in- spection department at the time of building permit issuance. The Planning Commission recommends approval of the variance to recog- nize existing 3.3' side yard setback and the nonconforming 6' setback of the existing accessory building conditioned upon the additional construction being at or above a minimum flood plain elevation with conforming side yard setbacks of 10' or more, and a conforming lakeshore setback from the ordinary highwater eleva- tion of 50' or greater. The proximity of the 3.3' existing set- back shall not create any drainage problems from his property onto adjoining property. Johnson moved and Jensen seconded the following resolution: RESOLUTION #88-180 RESOLUTION TO RECOGNIZE AN E7CISTING NON- CONFORMING STRIICTURE TO ALLOW STRUCTURAL MODIFICATIONS FOR LOT 2, BLOCK 12, SHADYWOOD POINT; PID #18-117-23-23-0061 (1871 SHOREWOOD LANE) PZ #88-737 The vote was unanimously in favor. Resolution passed. Michael Blunt, 4771 Island View Drive. Request: To Ieave exist- ing platform on Devon Commons City Manager Ed Shukle stated that Michael Blunt would like to leave the existing platform on the Devon Commons. He stated that the Park Commission recommended the removal of the platform, and that it did encroach on the Commons. MOTION made by Johnson and seconded by Abel to concur with the Park Commission that the deck structure that encroaches on the public lands be removed. The vote was unanimously in favor. Motion carried. James Miller, 4781 Island View Drive. Request: To leave existing platform on Devon Commons. City Manager Ed Shukle explained this item as similar to the pre- vious item. Mr. Miller explained that the walkway was needed to gain access to their dock. There was discussion that following the rip rap work, there would be a level walkway from the steps 3 135 November 29, 1933 to the dock. MOTION made by Jessen and seconded by Johnson to concur with the Park Commission that the platform which encroaches on public lands be removed by the time City does maintenance work on that property in June 1989. The vote was unanim- ously in favor. Motion carried. Howard Hacedorn, 1748 Avocet Lane. Follow-up on tree trimminc done on Wiota Commons. City Manager reviewed this item saying that the Park Commission granted a request to trim the sumach to 3 1/2' under the Park Directors supervision, hard wood trees were not to be cut. However, additional cutting had taken place. Two years prior to this several hard wood trees had been removed without a permit. The Park Commission considers this a "nature area" and should be left natural. There was discussion as to general maintenance of the Commons, litter cans, mowing, etc. and who was to do this maintenance. Jessen stated that the Park Commission was looking into the Commons and they are developing a plan for maintenance. MOTION made by Jessen, seconded by Jensen to concur with the Park Commission to discontinue all trimming along the 1,400 feet of shoreline in the Wiota Commons in order to preserve as a nature area. The vote was 3 in favor with Johnson and Smith voting nay. Comments & Suggestions from Citizens Present. There were no comments or suggestions from the citizens present. There was a short recess to allow the students from the U of M Landscape Architecture Department to prepare the Council Chambers for their presentations on Lost Lake. Mayor Smith reconvened the Council meeting. He welcomed a visitor to the Council meeting, Mr. John Derus, Chairman of the Hennepin County Board of Commissioners. Mr. Derus spoke briefly on Light Rail Transit. Lost Lake Park Development Plans presented by the University of Minnesota Landscape Architecture Department City Manager Ed Shukle informed the public that the City had con- tacted the University of Minnesota Landscape Architecture Depart- ment, offering them a chance to design a park for the Lost Lake area, as a class project. Goals and a schedule were discussed with Professor Lance Neckar and the class of eight University students. Ed Shukle then introduced Professor Neckar. Professor Neckar introduced the students:- David Ivers, Bill Kerker, Cindy Livingston, Brian Mierow, Jeff Morton, Paul Paige, Karl Weissenborn and Steve Wensman. 4