1995-08-22Mound City Council Minutes August 22, 1995
MINUTES - MOUND crrY COUNCIL - AUGUST 22, 1995
The City Council of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, August 22, 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 and Phyllis Jessen. Liz Jensen was absent and excused. Also present: City
Attorney Curt Pearson, Building Official Jon Sutherland, City Manager Ed Shukle and
Acting City Clerk Linda Strong. The following citizens were also present: Erik Figenskau,
John Luse, Rhonda Eurich, Tom Aune, Phil Klein, Duane and Fran Clark-Leisinger, Sgt.
John McKinley, Officer Matt Sibley, Scott Nagel.
Mayor Polston opened the meeting and welcomed all who were present.
The Pledge of Allegiance was recited.
Mayor Polston recognized Fran Clark, City Clerk, who was in attendance. She has been
recuperating from a severe illness.
Mayor Polston introduced Sgt. John McKinley of the Mound Police Department. Sgt.
McKinley introduced the City's newest police officer Matt Sibley.
1.1
APPROVE THE MINUTES OF THE AUGUST 8, 1995 REGULAR MEETING AND
THE AUGUST 15, 1995 COMMITTEE OF THE WHOLE MEETING.
MOTION by Hanus, seconded by Jessen and carried unanimously to approve
the Minutes of the August 8, 1995 regular Council meeting.
MOTION by Hanus, seconded by Ahrens and carried unanimously to approve
the Minutes of the August 15, 1995 Committee of the Whole meeting.
1.2
CASE #95-31: OUR LADY OF THE LAKE CHURCH, 2385 COMMERCE BLVD.,
LOTS 6 10, AUDITOR'S SUBD. 167 & LOTS 1-3, GUILFORD'S
REARRANGEMENT OF MOUND BAY PARK, PID #14-117-24 44 0005.
VARIANCE FOR "PENNYWlSE THRIFT SHOP" SIGN
Building Official Jon Sutherland informed the Council the 2 free standing proposed signs
would be 48" x 36" and will be 60" high. One sign will be along the street frontage and
one at a 9 foot setback variance to the street right-of-way. The ordinance allows one sign
per street frontage and a minimum setback of 10 feet to the right-of-way. Planning
Commission and staff recommend approval.
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Councilmember Jessen
resolution:
moved
August 22, 1995
and Councilmember Ahrens seconded the following
RESOLUTION ~95-83 RESOLUTION TO APPROVE A SIGN VARIANCE FOR OUR
LADY OF THE LAKE CHURCH, 2385 COMMERCE BLVD.,
P&Z CASE #95-31.
The vote was unanimously in favor. Motion carried.
1.3
CASE #95-32: LUSE & SON, INC., BASSWOOD AND CHURCH, LOTS 14- 17,
BLOCK 2, A.L. ADDN. TO LAKESIDE PARK, PID #13-117-24 32 0014.
MINOR SUBDIVISION
City Attorney Curt Pearson stated that this subdivision proposed will create a new lot
which requires park dedication fees and there was an Add-on item to the agenda
proposing an ordinance amendment clarifying the language regarding this item. He asked
Council to continue this item and deal with the ordinance amendment.
MOTION by Ahrens, seconded by Hanus and carried unanimously to continue
Case #95-32 until the ordinance amendment clarifying park dedication fees
language was acted upon.
1.4
AN ORDINANCE AMENDING SECTION 330:120, SUBD. 3 OF THE CITY CODE
RELATING TO PARK DEDICATION FEES IN MINOR SUBDIVISIONS.
City Attorney Curt Pearson stated currently the ordinance indicates a fee of $500 per lot.
The change will indicate "$500 for each new lot being created. In cases where one lot
is split into two lots, it is determined that only one new lot is being created."
MOTION by Ahrens, seconded by Hanus, and carried unanimously to adopt
an ordinance amending Section 330:120, subd, 3, of the City Code relating to
Park Dedication Fees in Minor Subdivisions.
MOTION by Hanus, seconded by Ahrens, and carried unanimously to
reconsider agenda item P&Z Case ~95-32.
1.3
CASE #95-32: LUSE & SON, INC., BASSWOOD AND CHURCH, LOTS 14- 17,
BLOCK 2, A.L. ADDN. TO LAKESIDE PARK, PID #13-117-24 32 0014.
MINOR SUBDIVISION
City Attorney Curt Pearson stated that subdivision "F" of the proposed resolution should
be changed from $1000 per lot to $500 per each new lot, resulting in a lower fee.
Councilmember Ahrens moved and Councilmember Hanus seconded the following
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Mound City Council Minutes August 22, 1995
resolution as amended:
RESOLUTION #95-84
RESOLUTION TO APPROVE A MINOR SUBDIVISION AT
LOTS 14-17, BLOCK 2, A.L. ADDITION TO LAKESIDE
PARK, PID 13-117-24 32 0014, (BASSWOOD & CHURCH)
P&Z CASE #95-32.
The vote was unanimously in favor. Motion carried.
1.5
CASE #95-33: LUSE & SON, INC., BELMONT LANE, LOTS 6-8, BLOCK 9,
LAKESIDE PARK, A.L CROCKERS 1ST DIV. PID #13-117-24 32 0120, 0121 &
0122. MINOR SUBDIVISION
Building Official Jon Sutherland stated this subdivision will create 2 lots from 3 existing
lots. Both will comply with all ordinance requirements. Staff and Planning Commission
recommended approval with conditions. Item "e" will be modified to address the new park
dedication fee schedule. He stated there were substantial trees on the lot and a site plan
was requested to preserve as many as possible.
Councilmember Ahrens moved and Councilmember Jessen seconded the following
resolution with item "e" amended:
RESOLUTION #95-85 RESOLUTION TO APPROVE A MINOR SUBDIVISION AT
LOTS 6, 7, 8, BLOCK 9, LAKESIDE PARK, A.L.
CROCKER'S 1ST DIVISION, (BELMONT LANE) PID 13-117-
24 32 0120, 0121 & 0122, P&Z CASE #95-33
The vote was unanimously in favor. Motion carried.
1.6
CASE #95-35: TERENCE ALMQUIST, 4515 MANCHESTER ROAD, LOTS 1-3,
BLOCK 14, AVALON, PID 19-117-23 31 0060. VARIANCE FOR DECK
Jon Sutherland stated the owner has applied for a variance to recognize the existing
nonconforming south side setback of 7 feet and west rear setback of 8 feet, and a lot size
variance of approximately 1,900 square feet in order to construct a conforming deck.
Staff and Planning Commission recommend approval. Councilmember Hanus stated that
the DNR letter regarding this item had an error. Item la of this letter is invalid.
Councilmember Hanus moved and Councilmember Ahrens seconded the following
resolution:
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August 22, 1995
RESOLUTION #95-86
The vote was unanimously in favor.
RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE
EXISTING NONCONFORMING SETBACKS AND LOT AREA
TO ALLOW CONSTRUCTION OF A DECK AT 4515
MANCHESTER ROAD, THAT PART OF LOTS 1, 2, 3,
BLOCK 14, AVALON, PID 19-117-23 31 0060, P&Z CASE
#95-35.
Motion carried.
1.7
CASE #95-36: ERIK FIGNSKAU, 3070 HIGHLAND BLVD., LOTS 19 & 20,
BLOCK 2, THE HIGHLANDS, PID 23-117-24 43 001. VARIANCE FOR DECK.
Jon Sutherland, Building Official, stated the owner has applied for a variance to recognize
existing nonconforming accessory structures and setbacks in order to construct a
conforming deck. There are 5 accessory buildings and the code limits the number to 3
for this site. The owner was present and stated he would like to retain the shed nearest
the lake for boat/water utility purposes. He would give up the changing shed. He asked
that the underground structure remain as it is. The Council discussed the item and
recommended the following:
1)
2)
3)
The conforming storm shelter to remain and recognize the nonconformance
of the underground structure as a fourth accessory building that conforms
to the setbacks. The underground structure must be screened.
The removal of the smaller changing shed.
Recognize the existing setbacks for the remaining lakeside shed and for it
to be painted on the west and south side in earth tone colors.
The owner was in agreement with the Council's recommendations. Councilmember
Jessen stated the code still allows only 3 accessory buildings on this property.
Councilmember Hanus moved and Councilmember Ahrens seconded the following
resolution with the above changes:
RESOLUTION #95-87
RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE
EXISTING NONCONFORMING SETBACKS TO ALLOW
CONSTRUCTION OF A CONFORMING DECK AT 3070
HIGHLAND BLVD., LOTS 19 & 20, BLOCK 2, THE
HIGHLANDS, PID 23-117-24 43 0001. P&Z CASE #95-36
The vote carried with a 3 to 1 vote. Councilmember Jessen voted nay.
1.8
CASE #95-37: SCOTT NAGEL, 4586 DENBIGH ROAD, LOT 5, BLOCK 3,
AVALON, PID #19-117-23 31 0005. VARIANCE FOR NEW HOUSE, LOT AREA
& SETBACKS
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Mound City Council Minutes
August 22, 1995
Building Official Jon Sutherland stated the owner has applied for a lot area variance, and
a side setback variance to allow construction of a new dwelling. The owner has extended
the width of the house from 27' to 28'. The Planning Commission and staff recommend
approval.
Councilmember Ahrens moved and Councilmember Hanus seconded the following
resolution:
RESOLUTION #95-88
RESOLUTION TO APPROVE A LOT AREA VARIANCE FOR
4586 DENBIGH ROAD, LOT 5, BLOCK 3, AVALON, PID#
19-117 23 31 0005, P&Z CASE #95-37.
The vote was unanimously in favor. Motion carried.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.9
RESOLUTION TO REMOVE AND RELOCATE STOP SIGNS - WOODLAND
ROAD ON THREE POINTS.
City Manager Ed Shukle stated that residents of the area of Woodland Road had
requested to have the several intersecting stop signs along Woodland Road be removed.
Sgt. John McKinley and Greg Skinner, Public Works Superintendent had studied the area
per the request and has suggested the relocation of the stop signs on Woodland to be
placed on the roads crossing Woodland Road; Finch, Eagle, Dove, Canary and Bluebird.
Council discussed and decided to table until further information is available.
MOTION by Ahrens, seconded by Jessen and carried unanimously to table the
resolution to remove and relocate stop signs along Woodland Road until
more information is available.
1.10
CONTINUED DISCUSSION RE: LOT 1, BLOCK 20, SHADYWOOD POINT, PID
#13-117-2411 0064. REQUEST TO PURCHASE - PHILLIP KLEIN AND THOMAS
AUNE.
City Manager Ed Shukle referred to the letter in the packet from Tom Aune and Phil Klein
withdrawing their request for the City to release the subject lot for sale to adjoining lot
owners. The adjacent owners are requesting the City designate the area as an NCA
(Nature Conservation Area). Mayor Polston referred to a letter received from the City
Engineer, John Cameron, stating the lot should be retained by the City for drainage
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August 22, 1995
easements and not made available for sale. Councilmember Hanus stated this lot would
not qualify for an NCA referring to #9 of the NCA Plan as it relates to the neighboring
properties and whether or not the neighboring properties require any other land to
become conforming. Mr. Aune's lot is an undersized lot and by acquiring less than half
of this lot, it would become conforming. City Attorney Curt Pearson stated the possibility
of the County releasing it with the stipulation that the entire lot be left to the City for
drainage purposes. The question is would the neighbors want to purchase the lot with
the entire lot being subject to the condition that it be retained for drainage? Aune was
concerned with the City creating a holding pond on this lot. Fran Clark was in the
audience and she informed the Council that the city engineer would have to get a
description of the easement before it is released. A resolution needs to be written to
release the lot from the County and retaining easements. Also, concurrent subdivisions
must be made on this lot. Also it was noted that if the lot was released from the County,
and sold to the adjacent property owners, and subdivided between them, they would have
to annex this new parcel to their current parcel and make into one parcel. Mr. Klein
asked that the acquisition cost of them purchasing the lot also be researched.
MOTION by Mayor Polston, seconded by Hanus and carried unanimously to
direct staff to confer with Hennepin County concerning the release of Lot 1,
Block 20, Shadywood Point, PID #13-117 24 11 0064, property subject to a
drainage easement over the entire property and for staff to research the
subdivision and the cost of the subdivision and acquisition.
1.11 APPROVAL OF PAYMENT REQUEST NO. I (FINAL), 1995 SEALCOAT
PROGRAM, ALLIED BLACKTOP IN THE AMOUNT OF $37,288.19.
City Manager Ed Shukle stated this was the first and final payment request from Allied
Blacktop for the 1995 Seal Coat program. The payment is for $37,288.19, which is under
the bid of $42,898.50.
MOTION by Jessen, seconded by Ahrens and carried unanimously to approve
the final payment to Allied Blacktop of $37,288.19, for the 1995 seal coat
program, when the funds become available.
1.12 LICENSE RENEWAL: ON-SALE BEER LICENSE - MOUND LANES.
City Manager Ed Shukle stated Mound Lanes is applying for renewal of their On-Sale
Beer License for 7-1-95 through 6-30-96, pending all forms, insurance, etc. being
submitted.
MOTION by Hanus, seconded by Ahrens and carried unanimously to approve
the renewal of the On-Sale Beer License for Mound Lanes, for the period of
7-1-95 through 6-30-96, contingent upon all forms, insurance, etc. being
submitted.
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Mound City Council Minutes
August 22, 1995
1.13 RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMISSION RE:
BANNERS IN DOWNTOWN MOUND.
City Manager Ed Shukle stated the Retail and Professional Council had proposed to
purchase Christmas holiday banners to be attached to the light poles in the downtown
area. Donations were being sought from civic organizations and there would be no cost
to the City. They did request that the City Public Works to install the banners. The
Council discussed and agreed to seek a local vendor to make summer banners. If the
banners were to be customized with the City's logo, there would be some cost to the City.
The Council endorsed this idea.
MOTION by Jessen, seconded by Ahrens and carried unanimously to approve
the installation of holiday banners in the downtown area purchased through
donations from civic organizations through the Retail and Professional
Council.
1.14
PAYMENT OF BILLS.
MOTION by Polston, seconded by Hanus and carried unanimously through a
roll call vote to authorize payment of the bills on the pre-list in the amount of
$156,029.27, when funds become available.
16.
INFORMATION/MISCELLANEOUS:
A.
Bo
E.
F.
G.
FINANCIAL REPORT FOR JULY 1995 AS PREPARED
BUSINARO, FINANCE DIRECTOR
LMCD MAILINGS (TO BE HANDED OUT TUESDAY)
JULY 1995 UTILITIES REPORT
LETTER FROM MINNEGASCO RE: PROPOSED RATE INCREASE.
COMMONS TASK FORCE MINUTES OF AUGUST 1, 1995.
MINUTES OF THE AUGUST 14, 1995 PLANNING COMMISSION
NOTICE FROM CITY OF ORONO RE: LAKE AREA MAYORS MEETING
SCHEDULED FOR THURSDAY, AUGUST 24, 1995, 7:30 AM, AT THE
LAFAYETTE CLUB. IF INTERESTED IN ATTENDING, CALL CITY
OF ORONO TO RSVP.
BY GINO
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City Council Minutes
~CUTIVE SESSION
August 22, 1995
At 8:45 PM, the Council went into Executive Session to discuss the Piper Jaffray Case.
The Council reconvened at 9:40 PM.
City Attorney Curt Pearson stated the Council had discussed the status of the Piper
litigation. There is a tolling agreement that is effective on September 1st. Efforts are
being made to have this extended. Authority is needed that if Piper does not go along
and extend the tolling agreement to allow additional time, then he suggested that the City
notify the Court that the City is opting out and to proceed with the arbitration.
MOTION by Jessen, seconded by Ahrens and carried unanimously to
authorize staff to notify the court that the City of Mound is opting out and to
proceed with the arbitration if the tolling agreement is not extended.
MOTION by Hanus, seconded by Ahrens and carried unanimously to adjourn
the meeting at 9:40 PM.
City Manage~--' ~
428
BILLS
August 22, 1995
BATCH 5082 $156,029.27
Total Bills $156,029.27
429