1995-05-23MINUTES - MOUND CITY COUNCIL - MAY 23, 1995
The City Council of Mound, I-Iennepin County, Minnesota, met in regular session on Tuesday,
May 23, 1995 at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City.
Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz
Jensen and Phyllis Jessen. Also present were: City Manager Ed Shukle, City Attorney Curt
Pearson, City Planner Mark Koegler, Building Official Jon Sutherland, Acting City Clerk Linda
Strong and the following interested citizens: I.J. Krider, Gene Zulk, Kelly Finnicum, Christine
Cook, Flossie and Neil Finnicum, David and Jacquelyn Larson, Rod Larson, Thomas Stokes,
Matthew Orinstien, Matthew Hoy, Steve Swenson.
The Mayor called the meeting to order and welcomed the people in attendance.
The Pledge of Allegiance was recited.
1.1 INTRODUCTION OF KELLY FINNICUM AND CHRISTINE COOK, MOUND
WESTONKA HIGH SCHOOL STUDENTS RE: EAST ST. LOUIS, ILLINOIS
PROJECT.
Mayor Polston said he was pleased to introduce Mr. Gene Zulk, Principal of the Westonka High
School who introduced Kelly Finnicum and Christine Cook, two senior students from the high
school who had organized and promoted a fund drive to assist the schools in East St. Louis,
Illinois, where there is a tremendous shortage of schoolroom supplies, materials and equipment
for the teachers and students. Kelly and Christine shared with the Council the efforts they
extended and the results. Mayor Polston presented each student a Resolution of Recognition and
thanked them for all of the hard work they did to complete the project.
RESOLUTION NO. 95-52
RESOLUTION RECOGNIZING THE EFFORTS OF
KELLY FINN/CUM AND CHRISTINE COOK AS
ORGANIZERS OF A DRIVE TO COLLECT SCHOOL
SUPPLIES FOR THE SCHOOLS OF EAST ST.
LOUIS, ILLINOIS
The vote was unanimously in favor. Motion carried.
1.2
APPROVE THE MINUTES OF THE MINUTES OF THE MAY 9, 1995 BOARD
OF REVIEW, MAY 9, 1995 REGULAR MEETING AND THE MAY 16, 1995
COMMITTEE OF THE WHOLE MEETING.
MOTION by Jensen, seconded by Hanus to approve all of the Minutes as presented.
The vote was unanimously in favor. Motion carried.
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CITY COUNCIL MINUTES MAY 23, 1995
1.3
CASE g95-15: ROD LARSON AND MYRNA NOYED, 2976 HIGHLAND BLVD.,
THAT PART OF BLOCKS 1 & 2, MINNF3OTA BAPTIST SUMMER ASSEMBLY,
PID//23-117-24-41 0016. VARIANCE TO ALLOW ATTACHED GARAGE
City Planner Mark Koegler stated the applicant is seeking variance approvals to construct a new
conforming garage. An identical request was reviewed in May, 1994 and the request was denied
unanimously by Resolution //94-79. Again, the Planning Commission unanimously
recommended denial.
MOTION by Hanus, seconded by Jessen and carried unanimously to reaffirm
Resolution g94-79, denying the request of Rod Larson and Myrna Noyed of 2976
Highland Boulevard for a variance to construct a garage addition on PID//23-117-
24-41-0016, this case//95-15.
1.4
CASE//95-16: HEIDI HOY, 6669 HALSTEAD AVENUE, LOT 15, HALSTEAD
PARK, PID //22-117-24-43 0023. VARIANCE TO ALLOW REMODELING OF
DWELLING
Building Official Jon Sutherland stated the applicant is seeking a variance to allow reconstruction
of the roof on the principal dwelling, this is a major structural repair and would need a variance.
There is a second dwelling on the property which is occupied and has no address or legal
description ~'~ '~' .............. · · .... ': .... rcntlng ~"' '~'^ '~ .... ":~- The applicant agreed at
the Planning Commission meeting to discontinue the rental use and remove the kitchen facilities.
They have since changed their minds and now ask that the rental be allowed. Council discussed
that this variance was requested for an economic reason, not for a hardship. The Planning
Commission had motioned to approve with conditions. The motion failed 2 to 6.
MOTION by Jensen, seconded by Ahrens and carried unanimously to direct City
Staff to prepare a resolution of denial for a variance to allow the remodeling of the
dwelling at 6669 Halstead Avenue.
1.5
CASE//95-17: DENNIS ZYLLA, 4925 GLEN ELYN ROAD, LOT 22, BLOCK 24,
SHADYWOOD POINT, PID//13-117-24 11 0097. VARIANCE TO CONSTRUCT
NEW DWELLING
City Planner Mark Koegler explained that the owners of the subject site requested a variance
from the City of Mound in 1991. At that time, they were attempting obtain a variance to
declare the lot buildable without any specific building plan. Because of the lack of a specific
building plan, the request was denied. The area is currently zoned R-I which requires a
minimum lot size of 10,000 square feet. The subject parcel has a total lot area of 5,120 square
feet resulting in a lot area variance request of 4,880 square feet. This lot is a lot of record
having been established consistent with zoning provisions that were in place at the time of its
platting. The fact that it does not comply with current lot area requirements and that it is
reasonably impossible to add land to the lot constitutes a legitimate hardship. Therefore,
approval of the lot area variance is recommended by staff. Council discussed the proposed
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CITY COUNCIL MINUTES
MAY 23, 1995
resolution and added a new condition//3 "City Engineer shall review and approve drainage plan
prior to issuance of building permit." Then renumbering the rest of the conditions as 4-7.
Builder Tom Stokes agreed to this condition.
Mayor Polston moved and Jensen seconded the following resolution:
RESOLUTION NO. 95-53
RESOLUTION TO APPROVE A LOT SIZE
VARIANCE TO ALLOW CONSTRUCTION OF A
NEW DWELLING AT 4925 GLEN ELYN ROAD, LOT
22, BLOCK 24, SHADYWOOD POINT, PID//13-117-24
11 0097, P&Z CASE//95-17
The vote was unanimously in favor. Motion carried.
1.6
CASE//95-18: DAVID & JACQUELYN LARSON, 4660 HAMPTON ROAD, LOTS
14 & 15, BLOCK 10, PEMBROKE, PID //19-117-23 33 0221. VARIANCE TO
ALLOW PORCH AND DECK ADDITION
Building Official Jon Sutherland stated the owners have applied for a variance to recognize
existing nonconforming side yard setbacks of 4.9 feet to the west and 9.8 feet to the east side
in order to construct a conforming 14' x 18' three season porch and a deck. The owner said
that there had been a 10' addition built without a permit or survey, before they purchased the
home. That was why the setbacks were different than the survey on file at the City.
Councilmember Ahrens moved and Hanus seconded the following resolution:
RESOLUTION NO. 95-54
RESOLUTION TO APPROVE A VARIANCE TO
RECOGNIZE EXISTING NON CONFORMING
SIDEYARD SETBACKS TO ALLOW
CONSTRUCTION OF A CONFORMING PORCH AND
DECK AT 4660 HAMPTON ROAD, LOTS 14 & 15,
BLOCK 10, PEMBROKE, PID//19-117-23 33 0221,
P&Z CASE g95-18.
The vote was unanimously in favor. Motion carried
1.7 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.8
APPLICATION FOR CONSTRUCTION ON PUBLIC LANDS PERMIT - #43575,
STEVE SWENSON, 4865 ISLAND VIEW DRIVE: REQUEST TO ALLOW
PLANTINGS
Building Official explained that Mr. Swenson is requesting to plant 118 Juniper trees on the
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CITY COUNCIL MINUTES
MAY 23, 1995
commons adjacent to his property. The previous ground cover and retaining wall from 1991 has
failed. The staff recommends approval with some conditions which were listexl in the resohtion.
Through Council discussion they eliminated all of condition gl, stating the permit shall expire
in five years from approval date. Council felt that once the trees were planted, renewing a
permit wasn't needed. Condition g2, which is now condition gl, they removed "shall be made
concurrent with this permit,". Condition #4, which is now condition 3, the "Shall" is If, and
the second "shall" is "will". Council also discussed the language of these types of permits and
stated they hoped the new Commons Task Force would look into this and recommend
improvements.
Councilmember Jensen moved and Councilmember Ahrens seconded the following resolution:
RESOLUTION NO. 95-55
RESOLUTION TO APPROVE A SPECIAL PERMIT
TO ALLOW THE PLANTING OF VEGETATION ON
DEVON COMMONS ABUTTING 4865 ISLAND VIEW
DRIVE, LOTS 7 & 8, BLOCK 14, DEVON, PID//25-
11%24 11 0039, DOCK SITE//43575
The vote was unanimously in favor. Motion carried.
1.9
RESOLUTION AMENDING RESOLUTION NO. 95-37, RESOLUTION
ESTABLISHING A TASK FORCE ON THE COMMONS DOCK PROGRAM TO
REDUCE THE NUMBER OF MEMBERS FROM 12 TO 11.
City Manager Ed Shukle related to Council they had advertised for 12 members and only 11 of
the applicants were in the right categories as the Council had requested. He was presenting a
new resolution to amend Resolution No. 95-37, reducing the number of members from 12 to 11.
Councilmembers Jensen and Jessen stated that the task force was made up of more members
representing the abutting dock holders, who were the minority of dock holders, than were
representing the nonabutting dock holders, who were definitely in the majority. They both felt
the representation was unfair. Mayor Polston said that the meetings would be open to the public
and the first one is Tuesday, May 30, 1995 at 7:30 PM, at city hall. Mayor Polston also stated
that all recommendations from this task force will go before the Parks and Open Space
Commission and then to the Council.
Councilmember Ahrens moved and Councilmember Hanus seconded the following resolution:
RESOLUTION NO. 95-56 RESOLUTION TO AMEND RESOLUTION //95-37,
CHANGING THE COUNT OF THE MEMBERS OF A
TASK FORCE ON THE COMMONS DOCK
PROGRAM.
The motion passed with 4 in favor. Councilmember Jensen voted no, stating she could not
approve of the distribution of members.
1.10 RESOLUTION APPOINTING MEMBERS TO THE COMMONS TASK FORCE.
9.87
CITY COUNCIL MINUTES
MAY 23, 1995
City Manager Ed Shukle read the membership list and the types of categories established: Three
abutting property owners to Commons who have docks other than their own in front of their
property; three abutting property owners to Commons who have only their docks in front of
their property; four nonabutting Commons Dock users and one citizen at large. He also stated
that the task force will meet for approximately 6 months and present their findings and
recommendations to the Council on or before December 31, 1995.
Councilmemt~er Ahrens moved and Councilmember Hanus seconded the following resolution:
RESOLUTION NO. 95-57
RESOLUTION APPOINTING MEMBERS TO THE
COMMONS TASK FORCE.
The vote was unanimously in favor. Motion carried.
1.11
SET PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL
USE PERMIT TO ALLOW A DRIVE-IN BANKING FACILITY (RETAILING
ESTABLISHMENT) IN THE B-1 CENTRAL BUSINESS DISTRICT AT 5211
SHORELINE DRIVE, (NEXT TO HARDEE'S AND IN FRONT OF JUBILEE
FOODS) SUGGESTED DATE: JUNE 13, 1995
MOTION by Ahrens, seconded by Jessen and carried unanimously to set June 13,
1995 as a Public Hearing to consider the issuance of a Covditional Use Permit to
allow a drive-in banking facility (retailing establishment) in the B-1 Central Business
District at 5211 Shoreline Drive.
1.12 APPROVAL OF TRANSIENT MERCHANT LICENSE, VFW AUXILIARY, 2544
COMMERCE BLVD. RE: PILLOW CLEANING, SATURDAY, JUNE 3, 1995.
MOTION by Jessen and seconded by Ahrens to approve the Transient Merchant
License for the VFW Auxiliary for pillow cleaning on Saturday, June 3, 1995.
1.13
APPROVAL OF PERMITS FOR MOUND CITY DAYS JUNE 16, 17 & 18, 1995 -
CARNIVAL, CONCESSIONS, CRAFT SHOWS, ENTERTAINMENT,
FIREWORKS, MERCHANT SALES AND PUBLIC DANCE.
MOTION by Hanus, seconded by Ahrens and carried unanimously to approve the
permits for Mound City Days June 16, 17 & 18, 1995, contingent upon all insurance
and other forms being executed and turned in.
1.14 APPROVAL OF PERMITS - MOUND FIRE DEPARTMENT FISH FRY
,~u-NE 10, 1995 - PUBLIC DANCE PERMIT, SET-UP PERMIT, AND
TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR
MOTION by Hanus, seconded by Jensen and carried unanhnously to approve the
permits for the Fire Department Fish Fry for June 10, 1995, contingent upon all
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CITY COUNCIL MINUTES
MAY 23, 1995
insurance and other forms being executed and turned in.
1.15 RE$OL~ION REAFFIRMING AUTHORIZATION OF CITY, SPONSORSHIP OF
STATE GRANT-IN-AID SNOWI~IOBILE TRAIL FUNDS
City Manager Ed Shukle stated that for several years the City of Mound has endorsed the
Southwest Trails Association's maintenance of snowmobile trails. The DNR needs a public
entity authorizing sponsorship.
Councilmember lensen moved and Mayor Polston seconded the following resolution:
RESOLUTION NO. 95-58 RESOLUTION REAFFIRMING AUTHORIZING THE
CITY SPONSORSHIP OF STATE GRANT-IN
AID SNOWMOBILE TRAIL FUNDS.
The vote was unanimously in favor. Motion carried.
1.16 PAYMENT OF BILLS.
MOTION by Jensen, seconded by Jessen to authorize payment of the bills on the
pre-list in the amount of $176,308.71, when funds are available. By roll call the
vote was unanimous. Motion carried.
1.17 ...EhrF_ O~TION/~S C ELLA~OUS
A. FINANCIAL REPORT FOR APRIL 1995, AS PREPARED BY GINO
BUSINARO, FINANCE DIRECTOR.
B. PLANNING COMMISSION MINUTES, MAY 8, 1995.
C. LMCD MAILINGS (TO BE HANDED OUT TUESDAY)
REMINDER: MONDAY, MAY 29, 1995, CITY OFFICES
WILL BE CLOSED FOR MEMORIAL DAY OBSERVANCE
REMINDER: SATURDAY, JUNE 10, 1995, AROUND MOUND
RUN/WALK 8 AM, MOUND BAY PARK.
REMINDER: SATURDAY, JUNE 10, 1995, MOUND FIRE
DEPARTMENT FISH FRY, 3-8 PM, WITH DANCE BEGINNING
AT 9 PM, MOUND FIRE STATION.
G. REMINDER: MOUND CITY DAYS, JUNE 16-18, 1995.
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CITY COUNCIL MINUTES MAY 23, ~995
COMMENTS:
Councilmember lessen asked if the staff had plans to or if they could, order an archeological
map showing the actual Indian Mounds located within the City? Staff will follow up with this
request.
Mayor Polston asked Council to plan for the Mound City Days Parade and inquired if they were
walking or riding in cars.
MOTION by Ahrens, seconded by Jensen and carried unanimously, to adjourn the
At/est: Acting City ~lerk
meeting. The meeting was adjourned at 9:10 pm.
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