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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. 284 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 285 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 286 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 288 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 $176,308.71, when funds are available. By roll call the vote was unanimous. Motion carried. 1.17 ...EhrF_ O~TION/~S C ELLA~OUS A. FINANCIAL REPORT FOR APRIL 1995, AS PREPARED BY GINO BUSINARO, FINANCE DIRECTOR. B. PLANNING COMMISSION MINUTES, MAY 8, 1995. C. LMCD MAILINGS (TO BE HANDED OUT TUESDAY) REMINDER: MONDAY, MAY 29, 1995, CITY OFFICES WILL BE CLOSED FOR MEMORIAL DAY OBSERVANCE REMINDER: SATURDAY, JUNE 10, 1995, AROUND MOUND RUN/WALK 8 AM, MOUND BAY PARK. REMINDER: SATURDAY, JUNE 10, 1995, MOUND FIRE DEPARTMENT FISH FRY, 3-8 PM, WITH DANCE BEGINNING AT 9 PM, MOUND FIRE STATION. G. REMINDER: MOUND CITY DAYS, JUNE 16-18, 1995. 289 CITY COUNCIL MINUTES MAY 23, ~995 COMMENTS: Councilmember lessen asked if the staff had plans to or if they could, order an archeological map showing the actual Indian Mounds located within the City? Staff will follow up with this request. Mayor Polston asked Council to plan for the Mound City Days Parade and inquired if they were walking or riding in cars. MOTION by Ahrens, seconded by Jensen and carried unanimously, to adjourn the At/est: Acting City ~lerk meeting. The meeting was adjourned at 9:10 pm. City M~na~e( 290 IZ'80£'9LI$ I/'BO~'9/I$ ggOg HD~V~ g66I ~£Z ~e~ ........ B77I~