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1995-06-27MINUTES -MOUND CITY COUNCIL- JUNE 27, 1995 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 27, 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, Building Official Jon Sutherland, City Attorney Curt Pearson and Acting City Clerk Linda Strong. The following interested citizens were present: Dean and Juliann Hunter, Bret Niccum, Nathan Perbix, Ken Perbix, Jim Kuehn, Rod Plaza, Stephen Cooper, Keith Foerster, Melody Olsen. The Mayor opened the meeting welcoming the people in attendance. The Pledge of Allegiance was recited. 1.1 RECYCLOTTO WINNER Mayor Polston announced that Jerry Peterson of Mound had won $300 Westonka Dollars for curbside recycling. He was not present to accept his winnings. He has been notified by mail and can pick it up at City Hall. 1.2 APPROVE THE MINUTES OF THE JUNE 13, 1995 REGULAR MEETING AND THE JUNE 20, 1995 COMMITTEE OF THE WHOLE MEETING. The Council had questions regarding the Minutes of June 13, 1995. MOTION by Hanus, seconded by Jensen, and carried unanimously, to return the Minutes of June 13, 1995 to staff for clarification and return to Council at the July 11, 1995 meeting. The Council discussed the Minutes of the Committee of the Whole indicating changes they wanted implemented. The changes were noted. MOTION by Jensen, seconded by Ahrens and carried unanimously to approve the Minutes of the June 20, 1995 Committee of the Whole meeting as changed. 1.3 CASE #95-20: DEAN & JUMANN HUNTER, 5043 TUXEDO BLVD. LOTS 1-6, BLOCK 6, WHIPPLE, PID 24-117-24 43 0071. REQUEST: VARIANCE FOR ADDITION 332 CITY COUNCIL MINUTES JUNE 27, 1995 Building Official Jon Sutherland explained the owners have applied for a variance to recognize the existing nonconforming setbacks to three detached accessory buildings on the property, in order to construct a conforming two story garage addition. The Planning Commission and Staff recommends approval. Hanus moved and Ahrens seconded the following resolution: RESOLUTION #95-60 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING DETACHED GARAGE TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION AT 5043 TUXEDO BLVD. LOTS 1-6, BLOCK 6, WHIPPLE, PID 24-117- 24 43 0071, P&Z CASE #95-20 The vote was unanimously in favor. Motion carried. 1.4 CASE #95-21: MELODY OLSEN, 4873 CUMBERLAND LOT 24, BLOCK 1, ARDEN, PID 24-117 24 ~. 0021 REQUEST: VARIANCE FOR ADDITION Jori Sutherland, Building Official, explained that the owner has applied for a variance to allow construction of a garage addition that will be nonconforming to the required 10 foot side yard setback, and to recognize the existing nonconforming front yard setback of 29.8 feet to the dwelling. Aisc, the owner proposes to build a conforming screened porch on top of the existing deck. The adjoining property is City owned property that is preserved for a drainage easement. Staff and Planning Commission recommend approval. The applicant was present. Councilmember Jensen mentioned the 5th Whereas, "...this could be a timely process" She wanted it clarified if it was a timely process or a time consuming process. Hanus stated "time consuming" is what was intended. This was to be changed. Aisc, the resolution should contain comment on the odd shape of the lot, as it is a factor in the granting of the variance. Hanus agreed. City Attorney Curt Pearson suggested the addition of a new Whereas reading as follows, "Whereas, the property is an odd shaped lot with the rear lot line being approximately 1/2 the width of the frontage of the lot; and" Councilmember Jessen moved and Ahrens seconded the following resolution: RESOLUTION #95-61 RESOLUTION TO APPROVE A SIDE YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A GARAGE ADDITION AT 4873 CUMBERLAND ROAD, LOT 24, BLOCK 1, ARDEN, PID 24-117-24 44 0021, P&Z CASE #95-21, AS AMENDED. 333 CITY COUNCIL MINUTES The vote was unanimously approved. Motion carried. JUNE 27, 1995 1.5 CASE #95-22: BRET NICCUM, 2949 OAKLAWN LANE, LOTS 30 & 31, BLOCK 11, THE HIGHLANDS, PID 23-117 24 31 0033 REQUEST: VARIANCE FOR ADDITION Building Official Jon Sutherland explained the applicant has applied for a variance to recognize a nonconforming rear yard setback of 3.2 feet to a shed to allow construction of a conforming garage and second story addition. Staff and Planning Commission unanimously recommend approval. Since the Planning Commission meeting, the applicant wants to add an additional 4 feet onto the end of the garage. It is still in a conforming location, meets setbacks and staff has no objections. The hardcover is the same and it still conforming. The building official offered to include in the resolution a copy of the survey as Exhibit"A". Hanus asked if this change was substantial enough to send it back to the Planning Commission, or could Council vote on it? The Mayor said staff said it was conforming, meets all requirements. Councilmember Ahrens moved and Councilmember Hanus seconded the following resolution as amended and to include Exhibit "A": RESOLUTION #95-62 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SHED TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION AT 2949 OAKLAWN LANE, LOT 30 & 31, BLOCK 11, THE HIGHLANDS, PID 23-227-24 31 0033, P&Z #95-22 AS AMENDED AND TO INCLUDE EXHIBIT "A". The vote was unanimously in favor. Motion carried. 1.6 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Nathan Perbix and Ken Perbix approached the Council regarding Nate obtaining a Peddler's License from the City to sell pre-wrapped snacks from his van at Mound Bay Park during the day time beach activities. Ed Shukle, City Manager, explained that Nate had come in to the office requesting this permit to sell at Mound Bay Park near the boat launch. The City does not issue these types of licenses for public property. He had told Nate there was no ordinance to deal with this and that he could not allow Nate to sell at the park or there would be several vendors appearing and there already is a serious parking problem. 334 CITY COUNCIL MINUTES JUNE 2 7, 1995 1.7 RESOLUTION TO APPROVE SPECIAL PERMITS FOR PRIVATE STRUCTURE ON PUBLIC LAND KNOW AS DEVON COMMON "BATCH 6" DOCK SITES #41050, 41080, 41 1 10, 41470, 41227, 41272, 41319, 41437, 40945 AND 41337. PUBLIC LANDS PERMITS: 40945 ROD PLAZA 4539 ISLAND VIEW DRIVE 41050 BILL & BARB DAHLEN 4555 ISLAND VIEW DRIVE 41080 TAMMY RASK 5109 DRUMMOND ROAD 41110 RAY SALAZAR 4559 ISLAND VIEW DRIVE 41140 RICHARD GLIDWELI. 4577 ISLAND VIEW DRIVE 41170 ROGER STEPHANSON 4601 ISLAND VIEW DRIVE 41227 A.R. TOUBA 4609 ISLAND VIEW DRIVE 41272 STEPHEN COOPER 4617 ISLAND VIEW DRIVE 41319 MARY FAITH 4625 ISLAND VIEW DRIVE 41337 JAMES KEUHN 4633 ISLAND VIEW DRIVE 41437 KEITH FOERSTER 4645 ISLAND VIEW DRIVE Building Official Jori Sutherland explained that Mr. Plaza is in another meeting in the building, and would like to be present during his segment. The Mayor asked the building official if any of the dock sites are a health or safety issue? The building official replied that there was. The Mayor wanted to deal with only the health and safety issues and table the others for further investigation by the Commons Task Force. The city attorney asked if the Council could approve the ones that the Parks and Open Space Commission had reviewed and recommended approval and the ones that have some questions or controversy whether they could be continued? Hanus agreed if some of these people had applied for the permit and approval was recommended, they should be addressed. The ones dealing with health and safety issues should be dealt with separately. The ones that are at issue, or people do not agree with, should be considered for tabling. There are two issues that are in contention from staff recommendation: dock site #'s 41272, Stephen Cooper; 41337, Jim Kuehn. All other dock sites are recommended for approval. Hanus said he had visited these sites and made observations. Mr. Cooper at//41272, is a health safety issue, according to staff report. The Building Official stated he had inspected the site with Mr. Cooper prior to the Park Commission meeting. The stair had been replaced without a permi~ or by Council approval. Jon stated minor parts of a stairway can be replaced without Council's approval. The stringer or joist was replaced, which is major repair. Jon noted this in the batch review, that the stair risers varied to the point where it was not in conformance with the building code. Mr. Cooper spoke before Council saying the stair should be orandfathered ~n as ~t was there 30 years ago, and it is the foundation to the stairs now. He stated that it is not to code, but it is safe. It was noted that the Parks and Open Space Commission's recommendation is different than that of staff's on dock #41 272. Jon stated that he prepared the resolution on the Park Commission's recommendation. The city attorney stated that this stairway could be approved as a legal nonconforming use, and include it in the resolution. The Mayor reiterated the two that need to be approved separately 335 CITY COUNCIL MINUTES JUNE 27, 1995 are //41272 and 41337, the rest are voluntarily complying. Jon stated these two issues could be in question by the Council. Ahrens stated that some of the applicants may not agree with what the Park Commission has recommended. Hanus stated that some of the applicants were present and these people need the opportunity to address the Council. The Mayor opened the meeting up to the attending dock permit applicants. Rod Plaza, 4539 Island View Drive, Dock #40945 - He said the City was harassing the residents. There was no safety value in removing the boat anchor or the flag pole. This was governmental harassment, waste of time and money to do this. The City has encroachments also, large trees with roots protruding from ground, destroying his lawnmower. Jim Kuehn, 4633 Island View Drive, Dock //41337 - He was concerned with the process of 5 year permits when stairs, etc. have a life of 30 years. He wants to replace the stair stringers to make it safe. The stairs do connect to a deck which is against code and will be removed. Keith Foerster, 4645 Island View Drive, Dock//41437 - He had no particular issue. He was going to have an electrician verify light and then the state electrical inspector will approve it. His concern was that he spends time fixing up the Commons, making it nice to see. He doesn't understand that he has no special rights, this property belonged to everyone. Yet, he is there every day and maintains it. It is City property, the City should maintain it. He stated the need to put rules in writing so there is clear interpretations of the law. Jensen stated that she expected to see dock//41337 with structures on the commons to be held until 1996 when the Commons Task Force could have dealt with it. Mayor Polston moved and Jensen seconded the following amended resolution: RESOLUTION #95-63 RESOLUTION TO APPROVE SPECIAL PERMITS FOR PRIVATE STRUCTURE ON PUBLIC LAND KNOWN AS DEVON COMMON "BATCH 6" DOCK SITES #41050, 41080, 41110, 41470, 41170, 41227, 41272, 41319, 41337, 41437, AND EXCLUDING #40945. The vote was unanimously in favor. Motion carried. Building Official Jon Sutherland stated Mr. Kuehn needed to replace the stairway before 1996 as it is rotted in places. He asked Council to make an allowance for Jon and Mr. Kuehn to work together to repair or replace just the stairway so it is safe. Jensen stated she is interested in removing structures from Commons, such as the 336 CITY COUNCIL MINUTES JUNE 2 7, 1995 one on the Commons at #41337. However, there should not be an unsafe stairway. Some type of minimal repair should be allowed but not to conclude that the structure is permitted to stay where it is. Ahrens stated to not grant a permit for the structure, but to grant a maintenance permit just for the stairs. The city attorney suggested Mr. Kuehn and the building official to leave chambers and discuss what can and cannot be done and return to Council with a solution, so it can be acted on tonight. 1.8 REQUEST TO REPLACE STAIRWAY ON DEVON COMMONS, BY RICHARD SCHERBER, 4921 ISLAND VIEW DRIVE, LOT 16, BLOCK 14, DEVON, DOCK SITE #43882. Ahrens moved, Hanus seconded the following resolution: RESOLUTION #95-64 RESOLUTION TO APPROVE A SPECIAL PERMIT TO ALLOW A STAIRWAY ON PUBLIC LAND KNOWN AS DEVON COMMONS, ABUTTING 4921 ISLAND VIEW DRIVE, LOT 16, BLOCK 14, DEVON, DOCK #43882. The vote was unanimously in favor. Motion carried. 1.9 DISCUSSION: STAIRWAY ON COMMONS - ROANOKE City Manager Ed Shukle stated that part of the stairway had been installed by the City and there was an objection by Mr. John Gabos, 4687 Island View Drive. He referred to the Memo from Mr. Gabos, which Council had discussed at its Committee of the Whole Meeting on June 20th, stating that the abutting owners were not informed of this action, he did not want the stairway being installed near the road, as it could create more foot traffic and result in theft and vandalism, and that the City did not get a permit to construct these stairs on the Commons. The memo also requested the work to be stopped. Council should discuss to either continue or suspend construction of the new stairs. The City Manager said that the Park Commission had approved the construction of stairs as had been proposed by staff within the budget process. Council agreed that the people using the commons, including the abutters and non-abutters, needed a safe stairs access to that commons. The Mayor asked if anyone from the public was there to speak on the stairs at the Roanoke access. John Gabos approached Council. He asked someone to justify why there should be a stairway installed. The Mayor suggested a five minute break so the building official could return to chambers. 9:00 PM, the meeting resumed. 337 CITY COUNCIL MINUTES JUNE 27, 1995 1.7 PUBLIC LANDS PERMITS - CONTINUED The Mayor returned to the Council item #1.7, referring to dock site #41337, Jim Kuehn. The Building Official said he had met with Mr. Kuehn and they have agreed to the original staff recommendation. He noted that the applicant would be responsible for the removal of the existing stairway, replacing the new stairway which would get a new 5 year permit. The City would be responsible, as it stated in the resolution, to remove the pump, shed and deck and restore the area. The City would do that in cooperation with the owner. Ahrens stated the Council is setting a terrible precedent now in paying to remove encroachments that belong to abutting property owners who use them. She was going to vote for it only because the funds comes from the General Fund. The city attorney stated that if the City can deal with these encroachments on a single basis, with a minimal cost, it was much cheaper than some of the litigation processes. MOTION by Jensen, seconded by Jessen, and carried unanimously to approve Dock Site #41337 of "Batch 6" and recommended in Resolution #95-6~.~ 1.9 CONSTRUCTION OF STAIRS ON ROANOKE COMMONS - CONTINUED The Mayor returned the Council to item #1.9, Construction of stairs on the Roanoke Commons. The City Manager updated the Building Official as to the discussion that happened while he was meeting with Mr. Kuehn earlier. Jon stated the lower stairs had been rotten, they had been replaced and he had not yet inspected them. Hanus had measured the stairs and found 4 discrepancies: 1. More than 44" wide (it's 48); needs second railing 2. Railing height is too tall at the bottom (39" plus) 3. Runs are too short, as little as 10 and 3/8 4. Run varies more than 3/8" (shortest was 10 3/8, longest was 11") The Building Official said that the contractors are not paid until the work is inspected, and errors are corrected. Hanus added his opinion regarding the upper stairs. Based upon the knowledge he had gathered, there has been no public request for the need of a stairway in that area. It appears that it was staff's decision that one was needed there. There appears no signs of access problems near the road. The costs, he felt, were too much for the work done, the amount of docks it serves and the amount of stairs. It was clear to Hanus that there was no need for the upper stairs and based upon history, the public did not need it either. MOTION by Mayor Polston, seconded by Councilmember Hanus that the City not install the upper stairway at Roanoke Commons. 338 CITY COUNCIL MINUTES JUNE 2 7, 1995 The vote carried 3 to 2, Jensen and Jessen voted no. 1.10 APPLICATION FOR SIGN PERMIT - QUASI PUBLIC FUNCTION - PORTABLE SIGN - OUR LADY OF THE LAKE INCREDIBLE FESTIVAL Mayor Polston stated the Council had asked the city attorney to draft an ordinance amendment because the ordinance, as it stands, does not allow signs to be placed off of the property of the sign permit holder. City Attorney Curt Pearson had prepared an amendment to the ordinance, adding "..Signs should be placed on the premises of the advertised event and/or on such other premises as approved by the City Council when granting the permit." This would be effective as soon as it is published. MOTION by Hanus, seconded by Ahrens to adopt an ordinance amending Section 365:15, Subd. 10, Subsection (e) relating to Temporary Signs, adding the words "...and/or on such other premises as approved by the City Council when granting the permit." The vote was unanimously approved. Motion carried. MOTION by Councilmember Ahrens, seconded by Councilmember Hanus, and carried unanimously to approve the sign permit application for a portable sign for Our Lady of the Lake Church Incredible Festival. 1.11 REQUEST FOR A TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR PERMIT - OUR LADY OF THE LAKE CHURCH INCREDIBLE FESTIVAL. MOTION by Councilmember Ahrens, seconded by Councilmember Jensen, and carried unanimously, to approve the Temporary On-Sale Non-Intoxicating Malt Liquor Permit for Our Lady of the Lake Church Incredible Festival on July 29 & 30, 1995. 1.12 SET PUBLIC HEARING TO CONSIDER A MODIFICATION TO A CONDITIONAL USE PERMIT TO ALLOW AN ADDITION TO A MUNICIPAL WELL HOUSE BUILDING LOCATED AT THE FIRE STATION, 2415 WlLSHIRE BLVD. SUGGESTED DATE: AUGUST 8,1995 MOTION by Councilmember Jessen, seconded by Councilmember Jensen, and carried unanimously to set August 8, 1995 for a public hearing to consider a Conditional Use Permit to allow an addition to a Municipal Well House building located at the Fire Station, 2415 Wilshire Blvd. 339 CITY COUNCIL MINUTES JUNE 27, 1995 1.13 PAYMENT OF BILLS. Councilmember Hanus stated a page of the bills was missing, all of the "s". The missing page will be resubmitted at the July 11, 1995 meeting.. The original amount submitted was $193,920.47, the total has been lowered. MOTION by Polston, seconded by Jensen to authorize payment of the bills as submitted, on the pre-list in the amount of $184,296.27, when funds are available. By roll call vote, the vote was unanimous, motion passed. 1.14 COMMONS TASK FORCE SURVEY City Manager Ed Shukle expressed his concerns about the survey that the Commons Task Force has proposed to be mailed out to all dock holders within the program. The Chairman, Mark Goldberg, is calling this an exploratory survey. The survey is biased, its negative and subjective. Mr. Goldberg told the city manager that another survey will be sent out in September that is more objective and would be a representative survey that could be used. They are generating input, but it is very negative. The adjectives used assume there is a problem. Councilmember Hanus had heard from Goldberg also. Mark put it in different terms. The first survey is specifically for generating thought, this is not going to be used for determining anything, just for ideas and problems that they are soliciting. The second survey will be the qualitative survey, carefully constructed, not be slanted in any way. The City Manager mentioned the bullet items on the survey "Your right to have access to the lake", should be "Right to have access to the lake". Jensen stated the bullets are suggestive in a negative way. And if first survey is biased, the second survey will be biased also. The survey should be neutral. Ahrens, recalled the resolution prepared and the words of "frustration", "problems" as the reasons the task force was organized. Jessen stated the persons who receive the survey should express their frustrations if they have them. The survey will be mailed in early July. Council agreed to soften the words. 1.15 COMMONS TASK FORCE Jensen stated the need to replace Royal Moffatt on the Commons Task Force. There is a press release stating there are 11 members. City Manager Ed Shukle suggested he contact Michael Shearer, one of the persons that had applied. Jensen also mentioned that the press release should mention the meetings are held at City Hall. MOTION by Jessen, seconded by Polston, and carried unanimously to adjourn the meeting. The meeting was adjourned at 9:30 PM. 340 CITY COUNCIL MINUTES JUNE 27, 1995 1.16 INFORMATION/MISCELLANEOUS: Ae FINANCIAL REPORT FOR MAY, 1995 AS PREPARED GIN0 BUSINAR0, FINANCE DIRECTOR. B. PLANNING COMMISSION MINUTES OF JUNE 12, 1995. REMINDER: CITY OFFICES CLOSED JULY 4, 1995 - OBSERVATION OF INDEPENDENCE DAY D. PARK AND OPEN SPACE COMMISSION MINUTES - JUNE 8, 1995. E. ECONOMIC DEVELOPMENT COMMISSION MINUTES - JUNE 15, 1995. 1995. MINUTES OF THE COMMONS TASK FORCE MEETING OF JUNE 20, A "PRELIMINARY" SURVEY THAT HAS BEEN DRAFTED BY THE COMMONS TASK FORCE THAT THEY WOULD LIKE TO SEND OUT TO ALL DOCK HOLDERS IN THE DOCK PROGRAM. IT IS AN "EXPLORATORY" SURVEY THAT WILL GENERATE INPUT FROM THE DOCK HOLDERS THAT HAVE A "PROBLEM" WITH THE EXISTING PROGRAM. MARK GOLDBERG, CHAIR, HAS ASSURED ME THAT THIS IS NOT A SURVEY THAT IS TRYING TO MEASURE ANYTHING. THAT SURVEY, WHICH HE TERMS A "REPRESENTATIVE" SURVEY, WILL BE AN OBJECTIVE SURVEY ISSUED IN SEPTEMBER TO ALL DOCKHOLDERS. PLEASE REVIEW THIS SURVEY AND WE CAN DISCUSS IT TUESDAY EVENING. Attest: Acting City Clerk POPULATION AND HOUSEHOLD ESTIMATE DATA FROM THE METROPOLITAN COUNCIL AS OF APRIL 1, 1994. THE POPULATION ESTIMATE IS DOWN FROM 1990 CENSUS POPULATION BUT THE NUMBER OF HOUSEHOLDS~% SLI HTLY. ,, City Manager %- ~ '"'"~ 341 Bills June 27, 1995 BATCH 5062 Total Bills Less Page 7 Total Approved $193.920.47 $193,920.47 9,624.20 $184,296.27 343