1995-07-25City Council Minutes
July 25, 1995
MINUTES - MOUND CITY COUNCIL MEETING - JULY 25, 1995
The City Council of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, July 25, 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. Absent and excused: Phyllis Jessen. Also present were: City
Manager Ed Shukle, City Attorney Curt Pearson, Building Official Jori Sutherland,
Acting City Clerk Linda Strong and the following interested citizens: Charles Pugh,
Rick and Cheryl Vogel, Gene and Brenda Peterson, Bob and Jan Mitchell, Tom Aune,
Dale Woodbeck, Peter Meyer, Pat Hedman, Tom Casey, John Edwaard, Mary
Pokorney, Jim Merchant, Gregory Knutson.
The Mayor opened the meeting and welcomed those present.
The Pledge of Allegiance was recited.
1.1 APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 11, 1995.
MOTION by Jensen, seconded by Ahrens and carried unanimously to approve
the Minutes of the July 11, 1995 regular City Council meeting.
1.2 PRESENTATION: SUBURBAN ALLIANCE, CHARLES PUGH, MOUND
REPRESENTATIVE
Mr. Charles Pugh, a board member, and Dale Woodbeck presented information to the
Council about Suburban Alliance, also known as West Hennepin Human Services
Planning Board. He requested funding of $2,183 from the City of Mound for 1996.
The City has contributed small amounts in past years. Mayor Polston stated this
request would go through the budget process.
1.3
CASE 95-24: GENE & BRENDA PETERSON, 6017 RIDGEWOOD ROAD, LOT
18, BLOCK, HIGHLANDS, PID 23-117-24 43 0031
REQUEST: VARIANCE - ADDITION
Jon Sutherland, Building Official, stated the owners have applied for a variance to
recognize several nonconforming issues, to allow construction of a two story entry
addition and a lower level deck on the lakeside of the dwelling. Staff and the Planning
Commission unanimously recommend approval. Councilmember Jensen requested
conformation that a statement was to be added to the resolution regarding the
impervious surface coverage is conforming at 40% for a lot of record. The Building
Official was added to the resolution at the third Whereas: "The existing grading and
green space created an adequate filter strip to accommodate the stormwater from this
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site, as required by the ordinance."
Councilmember Jensen moved and Mayor Polston seconded the following resolution
with the addition of new language in the third Whereas:
RESOLUTION #95-68
RESOLUTION TO APPROVE A VARIANCE TO ALLOW
CONSTRUCTION OF AN ENTRY ADDITION AND A DECK
AT 6017 RIDGEWOOD ROAD, LOT 18, BLOCK 6,
HIGHLANDS, PID 23-117-24 43 0031, P&Z CASE 95-24
The vote was unanimously in favor. Motion carried.
1,4
CASE 95-25: ROBERT MITCHELL, 4360 WILSHIRE BLVD.,
ISLAND PARKS FIRST DIV., PID 19-117 23 13 0014.
REQUEST: VARIANCE - DECK
LOT 81, PHELPS
Building Official Jon Sutherland informed the Council on this item. The owner has
applied for a 13 foot lakeside setback variance to replace and slightly enlarge a
lakeside deck. The impervious surface was discussed. This site is slightly over 30%
hardcover. However, the current drainage conditions adequately treat stormwater.
The majority of water flows over an approximately 50' wide green strip between the
house and the lake. The staff and Planning Commission unanimously recommend
approval.
Councilmember Ahrens moved and Councilmember Hanus seconded the following
resolution:
RESOLUTION #95-69
RESOLUTION TO APPROVE A LAKESIDE SETBACK
VARIANCE TO ALLOW CONSTRUCTION OF A DECK AT
4360 WILSHIRE BLVD., LOT 81, PHELPS ISLAND PARK,
FIRST DIVISION, PID 19-117-23 13 0014, P&Z CASE 95-
25.
The vote was unanimously in favor. Motion carried.
1,5
CASE 95-26: ROXANNE LANGE & CLAUDINE DICK, 5060 GLENDALE ROAD,
LOT 22 & NELY 1/2 OF 21, BLOCK 5, SHIRLEY HILLS UNIT B, PID 24-119-24
12 0034. REQUEST: VARIANCE - DECK
Building Official Jon Sutherland stated the owners have applied for a 1.65 foot side
yard setback variance to allow construction of a conforming deck. The impervious
surface was discussed. This site is conforming with less than 30%.
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July 25, 1995
Councilmember Jensen moved and Councilmember Ahrens seconded the following
resolution:
RESOLUTION #95-70
RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE
AN EXISTING NONCONFORMING SIDE YARD SETBACK TO
ALLOW CONSTRUCTION OF A CONFORMING DECK AT
5060 GLENDALE ROAD, LOT 22 & NORTHEASTERLY 1/2
OF 21, BLOCK 5, SHIRLEY HILLS UNIT B, PID 24-117-24
12 0034, P&Z CASE.
The vote was unanimously in favor. Motion carried.
1.6
CASE 95-27: CHERYL & RICHARD VOGEL, 1779 WILDHURST LANE, LOT 3
& P/4, BLOCK 13, SHADYWOOD POINT, PID 13-117-24 14 0019.
REQUEST: VARIANCE - DECK/PORCH
Building Official Jon Sutherland stated the owners, Cheryl and Richard Vogel, have
applied for a variance to recognize existing nonconforming setbacks to the dwelling
in order to construct a conforming deck and screen porch on the lakeside. This site
is conforming to impervious surface.
Councilmember Hanus moved and Councilmember Ahrens seconded the following
resolution:
RESOLUTION #95-71
RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE
EXISTING NONCONFORMING SETBACKS TO ALLOW
CONSTRUCTION OF A CONFORMING DECK AND PORCH
AT 1779 WILDHURST LANE, LOT 3 & P/4, BLOCK 13,
SHADYWOOD POINT, PID 13-117-24 14 0019, P&Z CASE
95-27.
The vote was unanimously in favor. Motion carried.
1.7 CASE 95-29: JAMES E, MERCHANT, 5116 TUXEDO BLVD., LOT 13,
WHIPPLE SHORES, PID 24-117-24 43 0061.
REQUEST: VARIANCE - ADDITION & DETACHED GARAGE
Jon Sutherland, Building Official, stated the owner, James Merchant, has applied for
a variance to recognize an existing nonconforming lake side setback of 38 feet to
allow reconstruction and remodeling of the existing house and construction of a
conforming 25' x 50' detached garage. Impervious surface and storm water was
discussed. This site exceeds 30% impervious surface. The owner is proposing
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July 25, 1995
grading and filling to improve the drainage and accommodate the new garage. It
appears the work may include filling on the adjacent lot to the east. Currently, the
water ponds on both lots. It was determined that a grading and drainage plan must
be submitted by the applicant and approved by the City Engineer.
Councilmember Jensen moved and Councilmember Hanus seconded the following
resolution with the added condition that an drainage plan be provided by the applicant
and approved by the City Engineer:
RESOLUTION #95-72
RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE
A NONCONFORMING LAKE SIDE SETBACK TO ALLOW
CONSTRUCTION OF AN ADDITION AND DETACHED
GARAGE AT 5116 TUXEDO BLVD., LOT 13, WHIPPLE
SHORES, PID 24-117-24 43 0061, P&Z CASE 95-29.
The vote was unanimously in favor. Motion carried.
1.8 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.9
REQUEST TO RELEASE NATURE CONSERVATION AREA LOCATED AT
ENCHANTED & HERON LANE, LOT 1, BLOCK 20, SHADYVVOOD POINT, PID
13-117-24 11 0064.
City Manager Ed Shukle stated that the two adjacent property owners to this nature
area are interested in purchasing this lot. The Park and Open Space Commission
wanted this parcel to remain a Nature Conservation Area (NCA). Mayor Polston asked
this item to be tabled until more research could be done. Councilmember Hanus asked
the two adjacent property owners to state in writing their desire to purchase the lot
and to define their plans for this lot.
Tom Casey, member of the Parks and Open Space Commission, spoke to the Council
asking that this be voted down, that this lot is needed for drainage for that residential
block. He stated that in October, 1993, the Council voted 4-0 to retain the property
and not sell it. If this NCA was sold, it could set a precedent for the sale of other
NCA's and the City would be out of green space. This lot was one of the specific lots
designated by the Parks and Open Space Commission to be retained.
The adjacent property owners, Phil Klein to the south of the lot, and Tom Aune to the
west of the lot, spoke to the Council. Mr. Aune has somewhat maintained this vacant
lot since he purchased his home in 1987. He stated the additional area would make
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July 25, 1995
his property more conforming. Mr. Klein just built a home on the two lots to the south
of the vacant lot and would like to purchase the property to maintain it in a cleaner
natural state. The two adjacent owners would subdivide the vacant lot and add it
onto their own parcels.
City Attorney, Curt Pearson, stated the proposed buyers need to define their reason
for the purchase. There is a process to purchase the lot; a survey will be needed, to
identify the proposed subdivision and combination, a waiver from the City Council
must be applied for and conditions need to be made on the future use of the property.
Peter Meyer, member of the Parks and Open Space Commission, spoke to the Council
regarding the City retaining this parcel as an NCA.
City Manager Ed Shukle researched the Minutes of the Council from 1993 and
determined the lot in question has not been designated by the Council as an NCA.
Tom Casey stated that all of the costs related to researching this should be charged
to the potential buyers, not to the City.
MOTION by Polston, seconded by Hanus to table the request for release of a
Nature Conservation Area at Enchanted and Heron Lane, lot 1, block 20,
Shadywood Point, PID 13-117-24 11 0064, until August 22, 1995. In order
to give the applicants time to submit additional information and work with staff
to clarify the zoning implications and other issues.
The motion carried with Ahrens, Hanus and Polston voting yes, Jensen voted no.
1.10 PUBLIC LANDS PERMIT APPLICATIONS:
GREGORY KNUTSON, 4701 ISLAND VIEW DRIVE, DEVON COMMON, DOCK SITF
#42077, REQUEST TO REPLACE STAIRWAY.
Building Official, Jon Sutherland, stated that Mr. Knutson has applied for a
Construction on Public Lands Permit to allow the reconstruction of a stairway on
Devon Commons, providing access to dock site #42077. Council discussed the
changing of the wording regarding the light in the 5th Whereas to read "The light must
meet the LMCD regulations." Councilmember Hanus wanted to change item #2a, to
read as follows: "Lights will be directed so as not to illuminate the area beyond the
end of the dock or shine laterally across the water." Also, the 5th Whereas to be
changed to: ~'~'~ ':~" ...... "~ """~"~" ..... ": .... ' ~"'~ ..... '~'"~" TO: "The
light shall meet LMCD requirements".
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Councilmember Hanus moved and Councilmember Ahrens seconded the following
resolution as changed:
RESOLUTION #95-73
RESOLUTION TO APPROVE A SPECIAL PERMIT FOR A
PRIVATE STRUCTURE ON PUBLIC LAND SO ALLOW
REPLACEMENT OF AN EXISTING STAIRWAY ON DEVON
COMMON ABUTTING 4701 ISLAND VIEW DRIVE, LOT 1,
BLOCK 7, DEVON, DOCK SITE #42077
The vote was unanimously in favor. Motion carried.
GENE SMITH, 4705 ISLAND VIEW DRIVE, DEVON COMMON, DOCK SITE 42117,
REQUEST TO REPLACE STAIRWAY.
Building Official Jon Sutherland explained to the Council that Gene Smith has applied
for a permit to reconstruct a stairway on Devon Commons.
Councilmember Hanus moved and Councilmember Ahrens seconded the following
resolution:
RESOLUTION #95-74
RESOLUTION TO APPROVE A SPECIAL PERMIT FOR A
PRIVATE STRUCTURE ON PUBLIC LAND TO ALLOW
REPLACEMENT OF AN EXISTING STAIRWAY ON DEVON
COMMON ABUTTING 4705 ISLAND VIEW DRIVE, LOT 2,
BLOCK 7, DEVON, DOCK SITE #42117.
The vote was unanimously in favor. Motion carried.
CITY OF MOUND, PROPOSED STAIRWAY AT AMHURST LANE, ACCESS TO DEVON
COMMON.
MOTION by Hanus, seconded by Ahrens to concur with the Parks and Open
Space Commission to deny the installation of a new stairway at Amhurst Lane,
access to Devon Common.
The Council discussed the stairway installation. Councilmember Jensen stated it
should be installed as their was a need with a resident having a limited ability to
access her dock, Ahrens stated to find her a dock location that was flat. Hanus
stated the cost was too much for the service provided,
Motion carried with a 3 to I vote. Ahrens, Hanus and Polston voting yes,
Jensen voting no.
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1.11
RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE
SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR 1995 (YEAR XXI)
URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM.
City Manager Ed Shukle updated the Council this is procedure for the Joint
cooperation Agreement with Hennepin County for the 1995 (Year XXI) Urban
Hennepin County Community Development Block Grant Program (CDBG)
Councilmember Ahrens moved and Councilmember Hanus seconded the following
resolution:
RESOLUTION #95-75
RESOLUTION AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT
WITH HENNEPIN COUNTY FOR 1996 (YEAR XXI) URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM.
The vote was unanimously in favor. Motion carried.
1.12.
SET PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE
PERMIT FOR ST. JOHN'S LUTHERAN CHURCH TO ALLOW A PARKING LOT
EXPANSION AT 2451 FAIRVIEW LANE.
SUGGESTED DATE: AUGUST 8, 1995
MOTION by Ahrens, seconded by Hanus and carried unanimously to set August
8, 1995, 7:30 pm for a public hearing to consider the issuance of a Conditional
Use Permit for St. John's Lutheran Church to allow a parking lot expansion at
2451 Fairview Lane.
1.13
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. SUGGESTED DATE: AUGUST 8, 1995
MOTION by Ahrens, seconded by Hanus and carried unanimously to set August
8, 1995, 7:30 pm, for a 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.
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July 25, 1995
1.14. RESOLUTION APPROVING AN EXEMPTION FROM LAWFUL GAMBLING FOR
OUR LADY OF THE LAKE CHURCH JULY 29-30, 1995.
Councilmember Jensen moved and Mayor Polston seconded the following resolution:
RESOLUTION #95-76
RESOLUTION APPROVING AN EXEMPTION FROM LAWFUL
GAMBLING FOR OUR LADY OF THE LAKE CHURCH - JULY
29 & 3O, 1995.
The vote was unanimously in favor.
1.15 PAYMENT OF THE BILLS.
Motion carried.
MOTION by Hanus, seconded by Jensen to authorize payment of the bills on
the pre-list in the amount of $190,018.29, when funds are available. By roll
call vote, the motion carried unanimously.
1.16. OTHER BUSINESS.
Teal Pointe
Councilmember Jensen stated she had received a phone call from a neighbor to Teal
Pointe regarding a retaining wall. Staff informed the Council on the status of the
project.
Flack Case
Mayor Polston asked City Attorney Curt Pearson for an update on the Flack vs. City
of Mound court case. City Attorney Curt Pearson stated the judge wants a copy of
the transcript after hearing the referee's decision. The judge wants to see all of the
testimony because he cannot rule on the information provided. The judge will receive
the transcript the first part of September. Councilmembers Ahrens and Polston were
concerned regarding the cost with all of this, the time and for what results. City
Attorney Curt Pearson stated that the cost was within the estimate given.
Councilmember Jensen stated this was an important decision, because this decision
would set a precedent regarding to other private commons and their destiny in the
future, which in turn will affect all of the commons shoreline in Mound.
1.17 INFORMATION/MISCELLANEOUS:
A. FINANCIAL REPORT FOR JUNE, 1995 AS PREPARED BY GINO
BUSlNARO, FINANCE DIRECTOR.
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City Council Minutes
July 25, 1995
YOU HAVE ALREADY RECEIVED A BROCHURE FROM NLC: PHOENIX
CONFERENCE. HERE IS A MEMO FROM OUR STATE LEAGUE RE:
IMPORTANCE OF EARLY REGISTRATION. PLEASE ADVISE IF YOU ARE
INTERESTED IN ATTENDING.
C. MINUTES OF THE JULY 10, 1995 PLANNING COMMISSION.
MOTION by Ahrens, seconded by Jensen and carried unanimously to adjourn
the meeting at 9:35 PM.
Attest: Acting City Clerk
~'it~ Manager
383
BILLS July 25, 1995
BATCH 5072 $190,018.29
TOTAL BILLS $190,018.29
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