1995-09-26MINUTES - MOUND CITY COUNCIL - SEPTEMBER 26, 1995
The City Council of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, September 26, 1995, at 7:30 PM, in the Council Chambers at 5341 Maywood
Road, in said City.
Persons in attendance: Mayor Bob P01ston, Councilmembers Andrea Ahrens, Mark
Hanus, Liz Jensen and Phyllis Jessen, City Attorney Curt Pearson, City Manager Edward
J. Shuk/e, Jr., Building Official Jon Sutherland, Acting City Clerk Linda Strong and the
following interested citizens: Robert and Jeanette Thompson, Howard Richards, Kathy
Rice, Craig Forcier, Don Scherven, Jr.
The Mayor opened the meeting, welcomed the people in attendance. The Pledge of
Allegiance was recited. A moment of silence was given for former Governor Rudy
Perpich.
1.1
Approve the Minutes of the September 12, 1995 Regular Meeting and the
September 19, 1995 Committee of the Whole Meeting.
MOTION by Hanus, seconded by Jessen and carried unanimously to approve
the Minutes of the September 12, 1995 Regular Meeting.
Councilmember Hanus requested prioritizing the pending ordinances in the Minutes of the
Committee of the Whole as follows: 1) Streamlining of Variances, 2)
Telecommunications, and 3) Domestic Abuse Shelters. Discussion was also held
regarding the language in the Park Dedication Fee Ordinance. Council would like all hints
of anything other than $500 per each new lot created, be removed. They recommended
the ordinance be returned to the city attorney for review.
MOTION by Hanus, seconded by Ahrens, and carried unanimously to approve
the Minutes of the September 19, 1995 Committee of the Whole meeting as
amended.
1.2
Case #95-38: Robert Thompson, 6200 Red Oak Road, Lot 1, Block 1, Mound
Terrace, PID 14-117-24 32 0001 Variance for a Deck.
Building Official Jon Sutherland stated the applicant is seeking a variance to recognize
the existing nonconforming detached garage in order to reconstruct and slightly enlarge
an existing deck. The proposed deck is in a conforming location and all other aspects
of this site are in conformance to the requirements of the ordinance. The Staff and
Planning Commission recommend denial of the request due to the fact that the
nonconforming garage is partially dilapidated and is in need of repair, and could
reasonably be relocated in conjunction with the needed repairs at this time. The applicant
was present.
MOTION by Hanus, seconded by Ahrens and carried unanimously to direct
the staff to prepare a resolution of denial for P & Z Case #95-38, Robert
Thompson.
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Minutes - Mound City Council September 26, 1995
1.3 Case #95-39: Howard Richards, 2982 Westedge Blvd., Lots 1, 2, 3, Block 14,
The Highlands, PID 23-117-24 31 0061. Variance for Deck/Porch.
Councilmember Hanus moved, Ahrens seconded the following resolution:
RESOLUTION #95-96 RESOLUTION TO APPROVE A FRONT YARD SETBACK
VARIANCE TO ALLOW FOUNDATION REPAIRS AND A
DECK AT 2982 WESTEDGE BLVD., LOTS 1, 2 & 3, BLOCK
14, THE HIGHLANDS, PID 23-117-24 31 0061, P&Z #95-39
Motion carried.
The vote was unanimously in favor.
1.4
Case #95-40: Don Scherven for Gene Smith, 4705 Island View Drive, Lot 2,
Block 7, Devon, PID 30-117-23 22 0050. Variance to Expand Detached
Garage.
Building Official Jon Sutherland stated he and the City Planner had visited this site.
Approval was recommended by Planning Commission and Staff. Councilmember Hanus
added to the resolution another Whereas 'practical difficulty also exists since the existing
non conforming portion is in good condition and serves as a retaining wall that helps to
support the neighbors stairs, and;".
Councilmember Hanus moved, Ahrens seconded the following resolution as amended:
RESOLUTION #95-97
RESOLUTION TO APPROVE A SIDE YARD SETBACK AND
HARDCOVER VARIANCE TO ALLOW EXPANSION OF A
DETACHED GARAGE AT 4705 ISLAND VIEW DRIVE, LOT
2, BLOCK 7, DEVON, PID #30-117-23 22 0050, P&Z #95-40
The vote was unanimously in favor. Motion carried.
1.5
Case #95-41: Jerry Sholts of Patio Enclosures for Anthony's Floral, 1861
Commerce Blvd., Part of Gov't Lot 1, Section 14, PID 14-117-24 14 0004.
Variance for Porch.
Jon Sutherland, Building Official, stated the owners have applied for a variance to
recognize the existing nonconforming use of a single family dwelling in the B-2 zone.
They propose to construct a new screened area under the existing front entry o{ the
home, including a new strip footing to replace the old pier footings for the entry and deck
above. Approval was recommended by the Planning Commission and Staff.
Councilmember Hanus moved, Ahrens seconded the following resolution:
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Minutes - Mound City Council
RESOLUTION #95-98
September 26, 1995
RESOLUTION TO APPROVE A VARIANCE RECOGNIZING
AN EXISTING NONCONFORMING USE WITHIN THE B-2
ZONE TO ALLOW CONSTRUCTION OF A SCREENED
PORCH AT 1861 COMMERCE BLVD., PART OF
GOVERNMENT LOT 1, SECTION 14, PID 14-117-2414 0004,
P&Z #95-41
The vote was unanimously in favor. Motion carried.
1.6
Case #95-42: Florence & Neil Finnicum, 3225 Gladstone Lane, Lot 47, Whipple
Shores, PID 25-117-24 21 0116. Variance for Detached Garage.
Building Official Jon Sutherland stated the owners have applied for a variance for the
purpose of constructing a conforming detached garage. The dwelling has nonconforming
side yard setbacks of 5.9 feet and 1.1 feet. Approval was recommended by the Planning
Commission and Staff.
The Council added to the resolution that the nonconforming dwelling was in good
condition and to recognize the shape of the long and narrow lot, which creates a practical
difficulty. Also, to add to the conditions that the owner agrees to remove the metal shed
from the property.
Councilmember Hanus moved, Ahrens seconded the following resolution as amended:
RESOLUTION ~95-99
RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE
EXISTING NONCONFORMING SIDE YARD SETBACKS TO
ALLOW CONSTRUCTION OF A CONFORMING DETACHED
GARAGE AT 3225 GLADSTONE LANE, LOT 47, WHIPPLE
SHORES, PID #25-117-24 21 0186, P&Z #95-42.
The vote was unanimously in favor. Motion carried.
1.7
Case #95-43: Craig Forcier, 4431 Dorchester Road, Lots 21 & 22, Block 17,
Avalon, PID 19-117-23 31 0082. Variance for Detached Garage.
Building Official Jon Sutherland stated the owner has applied for a variance to construct
a conforming detached garage and a deck. The Planning Commission and Staff
recommend approval.
Councilmember Hanus moved, Ahrens seconded the following resolution:
RESOLUTION #95-100
RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE
AN EXISTING NONCONFORMING REAR YARD SETBACK
TO ALLOW CONSTRUCTION OF A CONFORMING DECK
AND GARAGE AT 4431 DORCHESTER ROAD, LOTS 21 &
22, BLOCK 17, AVALON, PID #19-117-23 31 0082, P & Z
#95-43
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Minutes - Mound City Council
The vote was unanimously in favor.
Motion carried.
September 26, 1995
1.8 Comments and Suggestions from Citizens Present.
There were none.
1.9
Set Public Hearing Dates for Special Assessments
- Central Business District (CBD) Assessment
- Delinquent Utility Bills
Suggested Date: October 24, 1995
MOTION by Councilmember Jensen, seconded by Jessen and carried
unanimously to set October 24, 1995 as the date of a public hearing for the
special assessments.
1.10 Proclamation Declaring October 1-7, 1995 as Minnesota Cities Week in
Mound.
Councilmember Jessen moved, Polston seconded the following proclamation:
PROCLAMATION #95-103
PROCLAMATION DECLARING OCTOBER 1-7, 1995
AS MINNESOTA CITIES WEEK IN THE CITY OF
MOUND.
The vote was unanimously in favor.
1.11
Lady of the Lake School - November 18, 1995.
Approval of Charitable Gambling Permit - Knights of Columbus #6005 at Our
Councilmember Ahrens moved, Hanus seconded the following resolution:
RESOLUTION #95-101
RESOLUTION APPROVING A GAMBLING PERMIT
APPLICATION FOR THE KNIGHTS OF COLUMBUS #6005
AT OUR LADY OF THE LAKE SCHOOL FOR NOVEMBER
18, 1995.
The vote was unanimously in favor.
Motion carried.
1.12 Recommendation from Parks and Open Space Commission Re: Vacancy.
City Manager Ed Shukle stated that the Parks and Open Space Commission had tallied
their votes and recommended Rita Pederson to fill David Steinbring's term on the Park
and Open Space Commission, term to expire December 31, 1997.
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Minutes - Mound City Council
September 26, 1995
Councilmember Jensen moved, Ahrens seconded the following resolution:
RESOLUTION #95-104
RESOLUTION APPOINTING RITA PEDERSON TO THE
PARKS AND OPEN SPACE COMMISSION; FOR THE
UNEXPIRED TERM OF DAVID STEINBRING - TERM
EXPIRES DECEMBER 31, 1997.
The vote was unanimously in favor. Motion carried.
1.13
Application for Land Alteration Permit for Trimming Trees on Public Land -
Brian and Patty Stevenson, 1580 Heron Lane, Pebble Beach Commons, Dock
Site #02605.
Councilmember Jessen moved, Jensen seconded the following resolution:
RESOLUTION #95-102
RESOLUTION TO APPROVE A SPECIAL PERMIT TO
ALLOW TRIMMING OF TREES/VEGETATION ON PEBBLE
BEACH COMMONS ABUTrlNG 1580 HERON LANE, DOCK
SITE #02605.
The Council discussed Staff being notified when this is to occur.
The vote was unanimously in favor. Motion carried.
1.14 Payment of Bills.
MOTION by Jensen, seconded by Polston to authorize the payment of bills as
presented on the pre-list in the amount of $161,579.20, when funds are
available. A roll call vote was unanimously in favor. Motion carried.
1.15 INFORMATION/MISCELLANEOUS:
Financial Report for August 1995 as prepared by Gino Businaro, Finance
Director.
Notice from Alan Willcutt, Executive Director, LMCD, Re: Mayor Meeting
scheduled for Monday September 25, 1995 at 7 AM in Room 135 of the
Norwest Bank Building, Wayzata. The purpose of
the meeting is to discuss revised allocations to the cities in LMCD re: the
approved 1996 LMCD budget.
C. A letter received by fax from Steve Farnes, Orono, re: LMCD issues.
Letter dated September 12, 1995 from Robert V. Langley, Regional
Manager for Minnesota Triax Cablevision re: "Regulatory Fee" to be
assessed to cable subscribers. Fee is being assessed by the Federal
Communications Commission (FCC) to cable operators to defray the cost
of regulating the cable industry.
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Minutes - Mound City Council September 26, 1995
E. Planning Commission Minutes of September 11, 1995.
F. Parks and Open Space Commission Minutes of September 14, 1995.
Letter dated September 15,1995 from James Solem, Regional
Administrator, Metropolitan Council re: a possible work stoppage and
interruption in transit service provided by the Council to Communities
throughout the region.
H. REMINDER: Annual Fall Cleanup Saturday, October 14, 1995, Lost
Lake.
The Council discussed an add-on item from Hennepin County regarding the Board of
Commissioners proposing Ordinance #18, which would give the County authority to
collect a fee for solid waste management services for the entire county. The council
stated they were not in favor of this proposed ordinance and directed Staff to prepare a
resolution to be reviewed and passed by the Council at the October 10, 1995 meeting,
and sent to Hennepin County in time for the public hearing. The Council's reasoning was
there would be no incentive for recycling.
MOTION by Hanus, seconded by Ahrens and carried unanimously to adjourn
the meeting at 8:25 PM.
^ttost: ^ct~ng City Glork
473
BILLS ................ September 26, 1995
BATCH 5092
TOTAL BILLS
$161,579.20
$161,579.20
475