1987-08-25[1
140
August 25, 1987
MINUTES - MOUND CITY COUNCIL - AUGUST 25, 1987
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The City Council of Mound, Hennepin County, Minnesota, .met in
regular session on Tuesday, August 25, 1987, at 7:30 P.M. in the
Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Steve Smith, Councilmembers Don Abel,
Liz Jensen, Phyllis Jensen and Skip Johnson. Also present were:
City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City
Attorney Jim Larson, City Planner Mark Koegler and the following
interested citizens: Jim Thompson, Rod Lund, Rollie Mattson, Tom
Albert, Mike Delmore, Todd Truax, Terry Selle; Julie Niccum, and
Tom Reese.
The Mayor opened the meeting and welcomed the people in atten-
dance.
The Pledge of Allegiance was recited.
MLNUTES
MOTION made by Abel , seconded by Jensen to approve the
minutes of the August 11, 1987 Regular Meeting, as
presented. The vote was unanimously in favor. Motion
carried.
PUBLIC HEARING: DELIN UENT UTILITY BILLS
The City Manager reported that the amount is down to $3,504.89.
The Mayor opened the public hearing, No one responded. The
Mayor. closed the public hearing.
Johnson' moved and Abel seconded the following resolution:
RESOLUTION #87-148 RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF #3,504.89
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE FOR THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
CA_SE_#87-660:_ JIM THOMPSON~195N9_SHOREWOOD LANE~LOTS 15_and S
1/2 OF 16Z_BLOCK_7z_SHADYW000_POINTZ_VARIANCE
---------- ---- --------
REOUEST
The City Planner explained the applicant's request. The staff
141
August 25, 1987
recommends approval to recognize the existing nonconforming set-
backs for Parcel B subject to the following conditions:
1. The addition shall not contain more than 1200 square
feet and shall meet all current requested setbacks.
2. The existing nonconforming accessory garage structure
shall be moved to a location on the lot which observes
current setback requirements.
3. Existing well on the property will be capped.
Smith moved and Johnson seconded the following resolution:
RESOLUTION #87-149 RESOLUTION TO CONCUR WITH THE PLANNING-
COMMISSION RECOMMENDATION TO APPROVE A
VARIANCE RECOGNIZING EXISTING NONCON-
FORMING SETBACKS FOR LOT 15 AND 1/2. OF
LOT 16, BLOCK 7, SHADYWOOD_ POINT, 1959
SHOREWOOD LANE (P ~ Z CASE #87-660)
The vote was unanimously in favor. Motion carried.
CASE #87-661: D & R CONSTRUCTION~RE: +6230 DEERWOOD DRIYE~LOT
M 3 BLOCK 2z_WOODCREST THIRD ADDITIONz CONSIDERA-
TION OF MOVING A SIN6lE FAMILY DWELLING FROM
--------------------------------------------
ORONO INTO THE CITY OF MOUND
The City Planner explained the applicant's request. Mr. Rod Lund
and Mr. Rollie Mattson, from D & R Construction, presented the
their plans for the home.
The following residents spoke against moving this home into Mound
for the following reasons:
Tom Albert, 6260 Deerwood Dr.
Mike Delmore, 6270 Deerwood Dr.
Todd Truax, 6250 Deerwood Or.
Terry Selle, 2675 Westedge Blvd.
Julie Niccum, 6231 Deerwood Dr.
1. Does not conform to neighborhood. Older home in
with all new homes.
2. No timetable for completion of the project and no
guarantee it will be finished properly.
3. Not economically feasible.
4. Lot abuts wetlands and do not want that filled
in.
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August 25, 1987
There was discussion on the request and the condition of the
house.
MOTION made by Jessen, seconded by Smith to deny the request
of D ~ R Construction to ^ove a house from Orono to 6230
Deerwood Drive, finding that the building is not of the same
general character and appearance as other buildings in the
vicinity. The vote was 3 in favor with Counciimember Jensen
voting nay and Councilmember Abel abstaining. Motion
carried.
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CASE_#87-658: J. THOMAS LEPISTO~ 5325 WATERBURY ROAD, Lot 54
~~ ~ MINOR_SUBDIYISION
WHIPPLE__SHORESz
The Planner explained the request. The Planning Commission
recommended approval,
Smith moved and Johnson seconded the following resolution:
RESOLUTION #87-150 RESOLUTION TO APPROVE MINOR SUBDIVISION
FOR LOT 54, WHIPPLE SHORES; PID #25-117-
24 21 0154/0153 (5325 WATERBURY. ROAD 7
3301 YARNER LANE) P ~ Z CASE #87-658
The vote was unanimously in favor.
REQUEST FOR MAINTENANCE PERMIT:
Motion carried.
EYIN b JAYNE HETCHLER,-4913 IS-
The City Manager explained the request that was presented to the
Park Commission was to allow a 12 foot deck on the Commons and to
construct retaining walls. The Park Commission did not approve
the deck but is recommending approval of the retaining walls,
with the Building Inspector's/Engineer's approval of the con-
struction plans. .
MOTION made by Jessen, seconded by Jensen to concur with the
Park Commission's recommendations denying the request for a
12 foot deck on the Commons, but approving the construction
of retaining walls with the Building Inspector's/Engineer's
approval of the construction plans for property abutting
Devon Commons, described as Lot 14, Block 14, Devon., The
vote was unanimously in favor. Motion carried.
REQUEST FOR_MAINTENANCE PERMIT: BER6.& ASSOCIATESZ_WAURIKA COM-
MONS~ABUTTIN6 LOTS 3i4,~5 & 32, BLOCK 6, WOODLAND POINT
The City Manager explained that the Park Commission has recom-
mended approval to allow maintenance of this Commons area and
143
August 25, 1987
allowing drain the to be installed as long as the line is run
all the way down to the rip-rap where it would drain to daylight.
MOTION made by Abel, seconded by Jessen to concur with the
Park Commission's recom®endation to allow .maintenance of the
Waurika Commons abutting Lots 3, 4, 5 b 32, Block 6, Wood-~
land Point and allowing drain the to be installed with the
line to run to the rip-rap where it would drain to daylight.
The vote was unanimously in favor. Motion carried..
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
There were no comments or suggestions from citizens present.
CONSIDER A RESOLUTION SUPPORTING THE LMCD PROGRAM FOR .LAKE MIN-
NETONK~~ THE LMCD ENABLIN6_LEGISLATION: AND_THE LMCD_LAKE MANAGE-
M E NT PLAN -- --_~ _~ ~_~ _ _
Mound's representative to the LMCD, Tom Reese, was present and
explained the resolution. The Council discussed the proposed
resolution.
Smith moved and Abel seconded the following resolution:
RESOLUTION #87-151 RESOLUTION SUPPORTING THE LMCD PROGRAM
FOR LAKE MINNETONKA, THE LMCD ENABLING
LEGISLATION, AND THE LMCD LAKE MANAGE-
MENT PLAN
The Council then deleted and added the following specific
language to the proposed resolution:
WHEREAS, the Governor's Task Force and the Metropolitan
Council's Task Force on Lake Minnetonka have recom-
mended that the Lake Minnetonka Conservation District
(LMCD) assume a stronger role in management of Lake
Minnetonka; and
WHEREAS, the LMCD has proposed the following program to imple-
ment the Task Force recommendations:
1. THe-Labe-P94aaeteal~a-Eeasewva~~ea-64s#;p~eir-}er~y-5hed~d-he-e~-
e~Mi;e~-~wer~-r~de~eiMa~-i;a~-~ev~r-~~r~~i=a~~eas:
2. The District should receive boating safety funds for plan-
ning, research and regulation.
3. The District should receive authority to set fees and
require permits for watercraft use of Lake Minnetonka to
144
August 25, 1987
support Lake related programs.
4. All agencies and political subdivisions of the state should
be required to notify the District prior to conducting re-
search on Lake Minnetonka and to keep the District informed.
about the progress and results of such research.
5. the-9:~s~w~ei;-.sk.e.e.~.~.-.Isar.e-wer~~eb-ab~~ew~i;y-€ew-aey-weseawel~
ep-eirdew-~ee~eei;-I~ar~}a~-Eai~e-~~~ae~:
5. The district should have a review procedure for controlling
any research or other projects having Lake impact.
6. ~He-~~si:w~e#;-s.~.e.a.~.~.-we~~es~-Hai;-lei;l~-.~.e.a~.~A.~.-.spa€eiiy-€aads
aa~-i;l~e~p-a~~eeai:yeas-ite-I~~~h-ae~~~~~y-areas-~e-~eewease~~-~~-
Abe-}e~~s~ai;dre:
6. The district should request that both boating safety funds
and their allocations to high activity areas, such as Lake
Minnetonka, be increased by the legislature.
7. The District should request that boating safety and other.
state and county funds allocated to the Water Patrol be in-
creased and distributed by usage and activity to support an
expanded program.
8. The District should request that lake maintenance funding
for the county be supported from boating safety or from
other special funds established by the state and county, and
be increased. _
9. The Dis.tr.ict. should request regional funding for public
access ~ae~}~~}es improvements.
10. €~e-B4si;e~eir-s~ed~d-we~eesi;-i;bad-~i;.s-adir.~ew~i:y_-.fie-e~i:ea~ed
i;e-~re~~~e-€er.-p.~.aaR~rt~;-.i:.dad~a~;-ae~d~s~~~ee;-~e.~.e.}.e.~mea~;
er+persl~#~-aA~-e~ewairyea-ei:-~aa~a.e~~e~-€ae~~#i;~es-aa~-ei;~ew
r~eaas-a€-~a~~~e-access-~e-~k~e-Eal~e:
10. The District should request that its authority be extended
to provide for all planning, funding, acquisition, develop-
ment, ownership and operation of launching facilities and
other means of public access to the Lake, with prior ap-
proval of the impacted municipality.
11. The District should request that the boat registration pro-
cedure should be updated, be made more efficient, and that
license fees should be increased.
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August 25, 1987
12. the-84s~p~el;-she-d.~~-we~ees~-dew-~~em-ae~-e~~eRSe-a~~ewaaees
€ew- Beaw~-r~e~n~ews
13. The District should request authority to assess a property
owner to recover costs for removal of dilapidated docks,
boats other structures, or fallen trees from the Lake. '
and
WHEREAS, the LMCD has proposed the following amendments to
its statutory authority:
A. To require permits for all watercraft using the Lake and set
permit fees.
B. To contract for the removal of substandard or dilapidated
docks, .boats,..or .o_t.her .structures or fallen trees within the
Lake ew-w4~~~a-59-€ee~-~~ewee€ after notice and opportunity
for hearing to the owner of the property on which the condi-
tion exists, and to certify the costs of removal to the
county auditor for extension on the tax rolls against the
appropriate lot or property, collection and payment to the
district as other taxes are collected and paid.
C. To review, approve, and monitor any state agency, depart-
ment, or political subdivision project having impact on the
Lake.
0. ~e-ae~a~we-~~r-~dwe~ase-ew-lease;-~eve~s~-aR~-e~epa~e-~aaeel~-
~ag-€ae~~~l;~es-aR~-~b~~~e-access-s~l=es-ea-lrhe-Ea{~e:
D. ,To acquire by purchase or lease, develop and operate launch-
ing facilities and public access sites on the Lake with
prior approval of the impacted municipality.
E. EaeH.-.~.e.ae~-r~era~ew-may-~e-e.e~.p.e.R_s.a.~e~-a~-a-orate-.~.e.w.-.~.a.y-.€.e-fie
set-bar=l;He-~eawd-Red-l;e-e~eee~-~eg#seal;~r~e-.s.l:.a.e.~.a.w.d.s.-€ew
eaeb-day-sp.ea.l;.-.a.l:.l;.e.a.d.~.ag-a+eel;gags-e€-.~.I~.e.-.bea~~-aa.~-.€e.r-el;~ew
sewv~ees-spee~€.yea}~lr-.a.al;l~.e.w.}.~.a.d-~y-€~e-~sar~d.;-a~~.-raay-fie
we~r~~awse~-€ew-a~~.-weasea.a.~.}.e.-.a.~~eases.-}aedr~we~-~a-€he-pep-
€epr~apee-e€-~a~~es-as-a-~eap~-mem~ep-as-dei:ep~~eed-gy-~~e
heap:
F. The municipalities may each levy a tax not to exceed one
mill for. LMCD funds in addition to any other limitations
provided by law.
and
146
August 25, 1987
WHEREflS; tl~e-El1&8-4s-~PB~es~R~-.~.e.-.deve~a~:-a-eer~~we~eRS~ve
~~aR-isew-irhe-r~aRagemeRi:-e€-Fake-M#RRe1;eRka;-aRd
WHEREAS, the LMCD is proposing to develop a comprehensive
plan for the management of Lake Minnetonka as
soon as possible; and
WHEREAS, such a program is deemed to be in the best inter-
ests of the City and the general public use of
the Lake;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Mound, Minnesota, that the City hereby encourages and
suppor.t.s..the Lake Minnetonka Conservation District program,
}eg~a~ai;~eRS, and Lake Management Plan. '
Johnson moved and Abel seconded a motion to approve the amend-
ments as stated above. The vote was 4 in favor. Councilmember
Jessen. left a 9:05 P.M. before the vote. Motion carried.
RESOLUTION APPOINTING TWO ADDITIONAL ELECTION JUDGES AS RECOM-
MENDED FOR THE SPECIAL REFERENDUM ELECTION SEPTEMBER 29987
The. two additional names are Leatrice Cooper and Thelma Gunder-
son.
Jessen moved and Abel seconded the following resolution:
RESOLUTION #87-152 RESOLUTION APPOINTING TWO ADDITIONAL
ELECTION JUDGES AS RECOMMENDED FOR THE
SPECIAL REFERENDUM ELECTION SEPTEMBER
29 , 1987 '
The vote was unanimously in favor. Councilmember Jessen was ab-
sent and excused. Motion carried.
SET DATES_FOR PUBLIC HEARINGSi
MOTION made by Johnson, seconded by Smith to set the follow-
ing public hearings for the suggested dates:
A. Budget Hearing - September 8, 1987
B. Assessment Hearings - September 22, 1987
Central Business District Assessment
Unpaid Tree Removal
Delinquent Utility Bills
Unpaid Lot Clean Up
Unpaid Boarding Up of House
147
August 25, 1987
The vote was unanimously in favor. Councilmember Jensen was
absent and excused. Motion carried.
LICENSES
MOTION made by Smith,. seconded by Johnson to authorize a~
license renewal for On-Sale Beer: Mound Lanes & Pizza. The
vote was unanimously in favor. COuncilmember Jessen was ab-
sent and excused. Motion carried.
MOTION made by Smith, seconded by
issuance of the following licenses
A. Public Dance - Waive Fee
B. Charitable Beer Permit
C. Set-Up Permit - Waive Fee
to the Mound Police Reserve Unit
The vote was unanimously in favor.
absent and excused. Motion carried.
PAYMENT OF BILLS
MOTION made by Abel, seconded by
payment of bills,. as presented
amount of X136,373.65, when fund
call vote was unanimously in favor.
PUBLIC WORKS FACILITY
Jensen to authorize the
for September 11, 1987.
Councilmember Jessen was
Jensen to _authorize the
on the pre-list, in the
s are available. A roll
The City Manager presented the schedule of meetings regarding the
proposed public works facility referendum.
There was discussion by the Council on flip-flopping the proposed
new addition to the Riley Building.
MOTION by Abel, seconded by Smith authorizing the the spend-
ing of additional ®oney in engineering to research flip-
flopping the new addition to the Riley Building and setting
a meeting for Saturday, August 29, 1987, at 7:00 A.M. to
discuss this possibility. The vote was unanimously in
favor. Councilmember Jessen was absent and excused. Motion
carried. The Council asked that Staff be available to at-
tend the public meetings.
FINAL PAYMENT REQUEST
MOTION made by Abel, seconded by Jensen to authorize payment
of the final payment request from Allied Blacktop, in the
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148
August 25 , 1987
a®ount of $35,333.43, for the 1987 Sealcoat Project. The
vote was unanimously in favor. Councilmember Jessen was ab-
sent and excused. Motion carried.
EXTENSION OF RESOLUTION #86-102
Smith moved and Johnson seconded the following resolution:
RESOLUTION #87-153 RESOLUTION TO EXTEND RESOLUTION 86-102
UNTIL AU6UST 25, 1988
The vote was unanimously in favor. Councilmember Jessen was ab-
sent and .excused. Motion carried.
CEMETERY BUSINESS
MOTION made by Johnson, seconded by Smith to authorize the
transfer grave #7. in Division A, Lot 89, from Kathy Lil-
lidahl Ulrick to Katherine Oslund. This grave can only be
used by Katherine Oslund and. cannot be sold at any future
date. The vote was unanimously in favor. Council®ember
Jessen was absent and excused. Motion carried.
INFORMATION/MISCELLANEOUS
A. Financial Report for July, 1987, as prepared by the Finance
Director.
B. Article from the Mpls. Star & Tribune and letter from the
City Attorney regarding Doe v. City of Mound.
C. Report from the Dock Inspector regarding commercial and
multiple dock inspections - 1987.
D. REMINDER: The Council is to meet with the Planning Commis-
sion on August 24, 1987, at 7:30 P.M. to jointly interview
Planning Commission applicants. We only have 1 applicant
so far.
E. Letter from the City of Albertville inviting the Council to
attend the League of Minnesota Cities' regional meeting on
September 17, 1987. It starts at 2:30 P.M. Please let
Fran know soon if you plan to attend.
F. League of Minnesota Cities', Regional Meeting Issue Paper.
G. Planning Commission Minutes of August 10, 1987.
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August 25, 1987
H. Park Commission Minutes of August 13, 1987.
I. Article the Park Commission will be publishing regarding
the Commons.
MOTION made by Abel, seconded by Jensen to adjourn at 9:30
P.M. The vote was unani®ously in favor. Councilmember
Jensen was absent and excuse_s4 Motion carried. /J
rd J. ~ uk~ Jr,°City anager
~_ _
Fran Clark, C C, City Clerk
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