1996-01-09City Council Minutes Janua~/9, 1996
MINUT~ - MOUND CITY COUNCIL - JANUARY 9, 1996
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
January 8, 1996, 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 Hauns, Liz
Jensen and Phyllis Jessen. Also present were: City Manager Ed Shukle, City Attorney John
Dean, Building Offical Jon Sutherland, Parks Director Jim Fackler and Acting City Clerk Linda
Strong. The following interested citizens were also present: Ron Moore, Robert Lien, Peter
Meyer, Stan Mason, Brad Mason, John D. Eccles, Marilyn Bumes, Bev Botko, Rita Pederson,
Mark Goldberg, Brian Schultz, Marie and Marty Johnson, Charlie Capron, John and Michelle
Olson, Jack Korlath, Mike Gardner, Mike Garberick, Leah Weycker, Denny Flack, Jim Walters,
Rodney Beystrom, Bruce and Marcy McComb, Scott Eccles, Margaret Gaudette.
The Mayor called the meeting to order.
The Pledge of Allegiance was recited.
1.0 APPROVE THE MINUTES OF DECEMBER 12, 1995 AND DECEMBER 19, 1995.
MOTION by Jessen, seconded by Ahrens, and carried unanimously to approve the
Minutes of the December 12, 1995 Regular Council Meeting.
Mayor Polston stated the City Attorney Curt Pearson had requested a word changed on page 3,
instead of "Curt Pearson offered" the following motion..", to, "Curt Pearson suggested" the
following motion..."
Councilmember Hanus was concerned with something being missed in Resolution g95-122, a
non-conformity of the undersized principal structure on the particular lot, it is a recognition, but
a non-conformity that was not addressed. Staff will look into amending this.
MOTION by Ahrens, seconded by Jensen, and carried unanimously to approve, as
amended, the Minutes of the December 19, 1995 Regular Council Meeting.
1.1
PRESENTATION OF RECOMMENDATIONS FROM THE COMMONS TASK
FORCE.
Mayor Polston introduced Mark Goldberg, Chair of the Commons Task Force. Mark indicated
the members of the task force and the purpose of its being organized. Rita Pederson, Marilyn
Byrnes, Bev Botko and Jim Funk, all members of the task force presented survey findings to the
Council. Mark presented the conclusions and the following recommendations:
Maintain the total number of boats participating in the docks program. Keep nonabutter
boats within walking distance from their homes.
City Council Minutes
January 9, 1996
Attempt to reduce the number of dock sites in front of some abutter's homes, recognize
that some commons have more problems than others due to topography and/or tight
quarters.
Encourage increased shared dock usage.
Explore creating small multiple boat dock complexes (about 6 boats) at
neighborhood locations within walking distance.
Explore creating multiple boat dock complexes, where possible, at public park
locations (such as Mound Bay Park) without infringing on existing usage.
Note: A majority of survey respondents are against multiple dock complexes:
further study is needed
keep things on a voluntary basis
survey question was designed to be general
3. Existing Encroaching Structures.
Governing encroaching structures more stringently than the Shoreland Management
Ordinance is justified only where nonabutting users are hindered by an encroachment's
existence.
The nonabutting survey results indicate that overall they do not have a problem with
commons encroachments.
The flow chart should be amended, and then the ordinance amended according to the
flow chart to increase the number of years for which a permit is valid from "3 years" to
"for the life of the structure." Encroachments should be regulated by the Shoreland
Management Ordinance, the same as structures on private property. The
ownership/responsibility of these encroachments may need to be clarified by the City
Attorney.
The topography of some commons areas cause significant backyard privacy and visual
impact problems. Large boats (e.g. cabin cruisers), boat canopies, and winter storage
needs to be limited in those areas.
Explore establishing neighborhood associations or committees to work out problems
specific to their commons.
Direct the task force to work with city staff to make implementation recommendations
for specific commons areas with problems.
Communicate with the public to increase understanding and give opportunity for
additional dialogue:
open forums, Laker article(s), city newsletter
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City Council Minutes January 9, 1996
Mayor Polston thanked Mark and the task force for their efforts and research they accomplished.
He invited the entire task force to attend a future Committee of the Whole meeting to discuss
their recommendations with the Council. After the Committee of the Whole meeting, he
suggested arranging public forums to deal only with the commons dock program. This way the
citizens concerned can have the chance to ask questions of the Council and the task force. No
dates were chosen.
1.2
REQUEST FOR FINANCIAL ASSISTANCE FROM THE NORTHWEST TONKA
LIONS - WINTERFEST 1996.
Brian Schultz, Co-chair of the Winterfest, invited the Council to attend the event this weekend,
specifically on Saturday at 1 PM. He would like this event to grow and become profitable
through business sponsorship. He invited the Council to review this year's event and preview
next year's ideas. He also invited them to participate in the "Celebrity" dog sled races on
Saturday at 2 PM.
1.3 ADVISORY COMMISSION REAPPOINTMENTS.
City Manager Ed Shukle stated there was one vacancy on the Planning Commission and one on
the Parks and Open Space Commission for members. Articles have been published in The
Laker.
Councilmember Jessen moved and Councilmember Jensen seconded the following resolution:
RESOLUTION//96-1
RESOLUTION REAPPOINTING THE FOLLOWING
PERSONS: GEOFF MICHAEL, MICHAEL MUELLER
AND FRANK WEILAND TO THE PLANNING
COMMISSION; PAUL MEISEL, STAN DRAHOS AND
JERRY PIETROWSKI TO THE ECONOMIC
DEVELOPMENT COMMISSION; MARILYN BYRNES
TO THE PARKS AND OPEN SPACE COMMISSION;
3 YEAR TERMS - EXPIRING 12/31/98
The vote was 5-0. Resolution passed.
1.4 APPOINTMENT OF ACTING MAYOR FOR ..1996.
Councilmember Ahrens moved and Mayor Polston seconded the following resolution:
RESOLUTION//96-2
RESOLUTION APPOINTING MARK HANU$ AS
ACTING MAYOR FOR 1996.
The vote passed 4-0, Hanus abstained.
City Council Minutes Janua~/9, 1996
1.5 APPOINTMENT OF ACTING CITY MANAGER FOR 1996,
Councilmember Jensen moved and Councilmember Ahrens seconded the following resolution:
RESOLUTION//96-3 RESOLUTION APPOINTING FINANCE DIRECTOR
GINO BUSINARO AS ACTING CITY MANAGER
FOR 1996.
The vote was 5-0. Resolution passed.
1.6 DESIGNATION OF OFFICIAL NEWSPAPER FQR 1996.
Ahrens moved and Hanus seconded the following resolution:
RESOLUTION//96-4 RESOLUTION DESIGNATING THE LAKER AS THE
OFFICIAL NEWSPAPER FOR 1996.
The vote was 5-0. Resolution passed.
1.7 APPROVAL OF BONDS FOR CITY CLERK AND FINANCE DIRECTOR.
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION//96-5 RESOLUTION APPROVING THE PURCHASE OF AT
LEAST A $20,000 BOND FOR THE CITY CLERK.
The vote was 5-0. Resolution passed.
Hanus moved and Jensen seconded the following resolution:
RESOLUTION g96-6
RESOLUTION APPROVING THE PURCHASE OF AT
LEAST A $20,000 BOND FOR THE CITY
TREASURER/FINANCE DIRECTOR.
The vote was 5-0. Resolution passed.
1.8 DESIGNATION OF OFFICIAL DEPOSITORIES FOR 1996.
Jensen moved and Hanus seconded the following resolution:
RESOLUTION//96-7 RESOLUTION DESIGNATING
DEPOSITORIES FOR 1996.
The vote was 5-0. Resolution passed.
THE OFFICIAL
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City Council Minutes January 9, 1996
1.9
APPOINTMENT OF
COMMISSIONS.
COUNCIL REPRESENTATIVES
TO VARIOUS
Hanus moved and Jensen seconded the following resolution:
RESOLUTION ~96-8
RESOLUTION APPOINTING ANDREA AHRENS TO
THE PARK AND OPEN SPACE COMMISSION AS
COUNCIL REPRESENTATIVE FOR 1996.
The vote carried 4-0, Ahrens abstained.
Mayor Polston moved and Jensen seconded the following resolution:
RESOLUTION//96-9
RESOLUTION APPOINTING MARK HANUS TO THE
PLANNING COMMISSION AS COUNCIL
REPRESENTATIVE FOR 1996.
The vote carried 4-0, Hanus abstained.
Mayor Polston moved and Jessen seconded the following resolution:
RESOLUTION//96-10
RESOLUTION APPOINTING LIZ JENSEN TO THE
ECONOMIC DEVELOPMENT COMMISSION AS
COUNCIL REPRESENTATIVE FOR 1996.
The vote carried 4-0, Jensen abstained.
1.10 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.11
RESET PUBLIC HEARING: FOR PROPOSED UTILITY AND STREET
IMPROVEMENTS ON KILDARE ROAD (NOTE: PETITIONERS HAVE
REQUESTED THE DATE TO BE CHANGED FROM JANUARY 23, 1996 TO
FEBRUARY 13, 1996) SUGGESTED DATE: FEBRUARY 13. 1996.
MOTION by Ahrens, seconded by Jensen and carried unanimously to set February
13, 1996 for a public hearing for proposed utility and street improvements on
Kildare Road.
1.12
CASE //95-53: HUNERBERG CONSTRUCTION FOR CHRIS PALM 1772
LAFAYETTE LANE, LOT 1, BLOCK 3, DIRFTWOOD SHORES, PID//13-117-24
22 0011, REQUEST: VARIANCE FOR ADDITION.
Building Official Jon Sutherland stated the applicant is seeking a variance to allow construction
City Council Minutes
Janumy 9, 1996
of a second story addition over a portion of the existing dwelling. The addition and this portion
of the dwelling is setback 38 feet from the ordinary high water (OHW) of the lake. The deck
on the first floor is setback 28 feet from the OHW, a 50 foot setback is required, resulting in
recognition of a variance of 22 feet. The addition follows the existing footprint and will not
encroach further into the nonconforming setback than the existing condition. The Staff and
Planning Commission recommend approval.
Ahrens moved and Hanus seconded the following resolution:
RESOLUTION #96-11
RESOLUTION TO APPROVE A LAKE SIDE
SETBACK VARIANCE TO ALLOW CONSTRUCTION
OF A SECOND STORY ADDmON AT 1772
LAFAYETTE LANE, LOT 1, BLOCK 3,
DRIFrWOOD SHORES, PID #13-117-24 22 0011, P&Z
If95-53.
The vote carried 5-0. Resolution passed.
The City Council took a 10 minute break at this point.
1.13 APPROVAL OF PUBLIC LANDS PERMITS - BATCH//7:
//42002 JOHN GABOS
//42167 TOM LATCHAM
//42227 MILDRED PIERCE
//42277 CARL ALEXANDER
//42351 MICHAEL HENRY
4687 ISLAND VIEW DRIVE
4711 ISLAND VIEW DRIVE
4717 ISLAND VIEW DRIVE
4725 ISLAND VIEW DRIVE
4737 ISLAND VIEW DRIVE
Building Official Jon Sutherland stated this is batch #7 of updating permits for structures located
on public lands. Through discussion consensus was to remove #42227 from the resolution as
it will be referred to the city attorney. Site #42277 was allowed to keep the light and electrical
outlet if it was to code. The site holder will replace the stairs.
Hanus moved and Jessen seconded the following amended resolution:
RESOLUTION//96-12
RESOLUTION TO APPROVE SPECIAL PERMITS
FOR PRIVATE STRUCTURE ON PUBLIC LAND
KNOWN AS DEVON COMMON "BATCH #7", DOCK
SITES 42002, 42167, 42277 & 42351.
The vote carried 5-0. Resolution passed.
1.14 APPROVAL OF PUBLIC LANDS PERMIT APPLICATIQN FOR HAZARDOUS
TREE REMOVAL AND TREE TRIMMING - CITY OF MOUND:
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City Council Minutes January 9, 1996
APPROVAL:
CRESCENT PARK - PO$C RECOMMENDS REPLACEMENT OF WILLOW TREE
STREET EASEMENT ADJACENT TO 2.549 EMERALD DRIVE -
POSC RECOMMENDS APPROVAL TO TRIM
DENIAL:
RUSTIC PLACE (NCA) - POSC RECOMMENDS NO TRIMMING
DIAMOND LANE (NCA) - PO$C RECOMMENDS NO TRIMMING.
Parks Director Jim Faclder stated the need for a permit to remove a storm damaged willow tree
at Crescent Park and a cottonwood tree adjacent to 2549 Emerald Drive with dead branches
hanging close to dwelling creating a hazardous situation.
Councilmember Jessen stated she had contacted 5 other cities inquiring about the council
approving their city to remove trees from public lands and none of these cities had such a policy.
She didn't understand why the City Council had to approve these activities of the Parks
Department. She concurred with the Parks and Open Space Commission where Nature
Conservation Areas (NCA's) were concerned, the safety of residents using them had to be
considered when deciding whether or not to remove dead or damaged trees.
Mayor Polston moved and Councilmember Jensen seconded the following resolution:
RESOLUTION 96-13
RESOLUTION TO APPROVE A SPECIAL LAND
ALTERATION PERMIT TO ALLOW FOR THE
TRIMMING AND REMOVAL OF HAZARDOUS
TREES LOCATED ON PUBLIC LANDS AT
CRESCENT PARK AND ON A STREET EASEMENT
ADJACENT TO 2549 EMERALD DRIVE.
Through a roll call vote the resolution carried 4-1. Jessen voting nay, stating these details need
not go to the council for approval.
Jim Fackler discussed with Council the request to remove hazardous trees and dead limbs from
trees along pathways for resident safety at the Rustic Place NCA and Diamond Lane NCA. The
Parks and Open Space Commission had recommended denial of the trimming and removal of
limbs in these NCA's.
Councilmember Hanus moved and Ahrens seconded the following resolution:
RESOLUTION g96-14
RESOLUTION TO DENY A SPECIAL LAND
ALTERATION PERMIT FOR THE TRIMMING AND
REMOVAL OF TREES LOCATED WITHIN THE
RUSTIC PLACE NATURE CONSERVATION AREA
AND THE DIAMOND LANE NATURE
CONSERVATION AREA.
The resolution passed 5-0.
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City Council Minutes
Janua~j 9, 1996
1.15 DISCUSSION: BID FOR MODIFICATIONS AND REFURBISHING TO THE
FIRE DEPARTMENT'S MACK PUMPER, MODEL CF685.
City Manager Ed Shukle stated the request for bids came in with only one bid to modify and
refurbish the Fire Department's Mack Pumper Model CF685. This bid was $20,000 over
budget. He and the Fire Chief are requesting to go out for another bid later in 1996.
MOTION by Ahrens, seconded by Jensen, and carried unanimously, to authorize
the Fire Department to readvertise for bids on the modification and refurbishing of
the Model CF685.
1.16 APPROVAL OF SUMMARY OF CITY'S
TELECOMMUNICATIONS ORDINANCE.
RECENTLY APPROVED
City Manager Ed Shukle stated that the City Council had previously approved this ordinance.
However, this ordinance has to be published and the text is 8 pages long, so a summarized
version was prepared by the city attorney to be published in The Laker, at a much lower charge.
This summary needed the Council's approval.
MOTION by Polston, seconded by Ahrens, and carried unanimously, to approve the
summary of the Telecommunications Ordinance for publishing in Thc Laker.
1.17 DISCUSSION: FLACK VS. CITY OF MOUND.
City Manager Ed Shukie stated that the judgement had not yet been filed which then gave the
Council 90 days to appeal this decision. He stated that the 1996 Dock Location Map had to be
approved before 1-15-96 and the decision of the Council on the Flack vs. City of Mound case
influences the Dock Location Map. Also, the city attorney had suggested that of the 440
renewal forms be sent to the current dock site holders.
Mayor Polston suggested making no decision right now, but rather facilitating a meeting soon
with all of the Woodland Point residents to resolve this issue. Discussion revolved around
mailing invitations to the 80+ Woodland Point residents, encouraging them to all attend as they
all have an interest in working out the dock site details. Regarding the mailing of the dock site
renewal forms, discussion dealt with sending blank application forms to the dock site holders
on Wawonaissa Common so they cma get an application into the system, but the City, at this
point, could not issue anyone a dock site on this Common. These applicants would get their
requests into the dock program and try to be located somewhere else. It was mentioned that the
residents of Woodland Point subdivision do not need any city permit to put in a dock on
Wawonaissa Common, it was open to any of the 80 land owners of that subdivision. The city,
unless it appeals and wins the appeal, has no jurisdiction to regulate this common according to
the court order. The creating of an association within Woodland Point maybe would benefit the
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City Council Minutes January 9, 1996
residents.
MOTION by Ahrens, seconded by Jensen, and carried unanimously to set Tuesday,
January 30, 1996, at 7:30 pm for a special City Council meeting to have the Council
facilitate an open forum with all the residents of Woodland Point to try to resolve
dock site complications.
Mayor Polston opened up the discussion to residents in attendance.
Marty Johnson, 1582 Bluebird Lane, asked about if they applied, where might they get a dock,
somewhere else?
David Gaudette, son of Margaret Gaudette, 1605 Bluebird Lane, asked the Council about how
the county would assess this property and how much would the property taxes be?
Mike Garberick, 1486 Bluebird Lane, asked the Council how they would encourage the 80
residents of Woodland Point to attend the January 30th meeting? He felt it important that they
all attend.
City Manager Ed Shukle stated an invitation would be sent to all of the Woodland Point
residents and an article would be in The Laker and a legal notice would also be published.
1.18 APPROVAL OF 1996 DOCK LOCATION MAP.
MOTION by Jessen seconded by Jensen to approve the 1996 Dock Location Map as
submitted, with amendments, and indicating by an * the six dock sites that are
subject to a court order that precludes from using them for dock purposes. Also
indicating all of the dock sites between Bluebird Lane north through the Flack
property (dock site numbers 00490 - 01560) that a court decision may have a bearing
on these remaining dock sites, which the City Council will continue to review into
the future. The vote carried 5-0.
1.19
RESOLUTION APPROVING CITY OF MOUND EMPLOYEE DRUG AND
ALCOHOL POLICY UNDER THE OMNIBUS TRANSPORTATION EMPLOYEE
TESTING ACT.
City Manager Ed Shukle stated that the United States Congress had enacted the Omnibus
Transportation Employee Testing Act, which has mandated city entities to implement a drug and
alchohol testing program by January 1, 1996. The City of Mound has enrolled in the
Association of Minnesota Counties and The Minnesota Counties Insurance Trust program, which
is administered by Medtox Laboratories, a premier federally certified lab. The total cost
involves $46 per drug test, and a $250 annual fee. This policy applies to the Public Works and
Parks Departments. Training sessions will be held and policies will be distributed. The City
City Council Minutes
Manager has reviewed this policy with the City Attorney.
the City of Orono on a joint training program.
January 9, 1996
The City Manager is working with
Councilmember Jensen moved and Councilmember Hanus seconded the following resolution:
RF~OLUTION g96-15
RESOLUTION APPROVING
EMPLOYEE DRUG AND
UNDER THE OMNIBUS
EMPLOYEE TESTING ACT.
CITY OF MOUND
ALCOHOL POLICY
TRANSPORTATION
The resolution carried 5-0.
Councilmember Jensen commented that this policy was another unfunded federal mandate
program.
1.20
RESOLUTION APPROVING A LABOR CONTRACT BETWEEN THE CITY OF
MOUND AND TEAMSTER'S LOCAL //320, MAINTENANCE PERSONS AND
IO-NIT SUPERVISORS FOR THE PERIOD JANUARY 1, 1996 THROUGH
DECEMBER 31, 1997.
City Manager Ed Shukle stated that labor negotiations were complete for the Teamsters Local
#320, involving the Public Works Department. The term of the new contract is January 1, 1996
through December 31, 1997. He felt the agreement was reasonable. The Council needed to
approve the resolution.
Mayor Polston moved and Councilmember Jessen seconded the following resolution:
RESOLUTION//96-16
RESOLUTION APPROVING A LABOR CONTRACT
BETWEEN THE CITY OF MOUND AND
TEAMSTER'S LOCAL #320, MAINTE.NANCE
PERSONS AND UNIT SUPERVISORS FOR THE
PERIOD OF JANUARY 1, 1996 THROUGH
DECEMBER 31, 1997.
The resolution carried 5-0.
1.21
SET DATE FOR 1996 LOCAL BOARD OF REVIEW - SUGGESTED DATE:
APRIL 23, 1996, 7:00 PM.
MOTION by Hanus, seconded by Jensen, and carried unanimously, to set April 23,
1996 at 7 PM for the Local Board of Review.
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City Council Minutes Janua~/9, 1996
1.22 PAYMENT OF BILLS.
MOTION by Jensen, seconded by Hanus to authorize the payment of bills as
presented on the pre-list in the amount of $311,998.99, when funds are available.
A roll call vote was unanimously in favor. Motion carried.
1.23 INFORMATION/MISCELLANEOUS
A. DEPARTMENT HEAD MONTHLY REPORTS FOR DECEMBER, 1995.
B. LMCD REPRESENTATIVE'S MONTHLY REPORT FOR DECEMBER 1995.
C. LMCD MAILINGS (hand outs on Tuesday)
Do
PARK AND OPEN SPACE COMMISSION MINUTES OF DECEMBER 14,
1995.
ECONOMIC DEVELOPMENT COMMISSION MINUTES OF DECEMBER 21,
1995.
Fo
NOTICE FROM LEAGUE OF MINNESOTA CITIES RE: NEWLY ELECTED
OFFICIALS CONFERENCE. ALTHOUGH YOU ARE NOT NEWLY
ELECTED OFFICIALS, YOU MAY BE INTERESTED IN RENEWING YOUR
ENTHUSIASM ABOUT BEING AN ELECTED OFFICIAL. IF INTERESTED
IN ATTENDING, PLEASE LET LINDA KNOW BEFORE JANUARY 12TH.
ALSO NOTE THAT A "REFRESHER" CONFERENCE IS PLANNED IN
MARCH FOR ELECTED OFFICIALS WHO HAVE BEEN IN OFFICE MORE
THAN TWO YEARS.
Ge
REMINDER: NATIONAL LEAGUE OF CITIES RE: ANNUAL
CONGRESSIONAL CONFERENCE TO BE HELD MARCH 9-12TH, IN
WASHINGTON D.C. IF INTERESTED PLEASE LET LINDA KNOW ASAP.
He
REMINDER: COMMITTEE OF THE WHOLE (COW) MEETS TUESDAY,
JANUARY 16, 1996, 7:30 PM.
The Commons Task Force will attend the February 20, 1996 Committee of the Whole Meeting.
I. REMINDER:
PARK.
WINTERFEST 1996 - JANUARY 13-14TbI MOUND gAY
J. REMINDER: CITY OFFICES CLOSED ON JANUARY 15, 1996 TO
COMMEMORATE MARTIN LUTHER KING JR.
City Council Minutes
January 9, 1996
MOTION made by Polston, seconded by Jensen to adjourn at 10:45 P.M. The vote
was unanimously in favor. Motion carried.
Attest: Acting City Clerk
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