1996-02-27MINUTES - MOUND CITY COUNCIL- FEBRUARY 27, 1996
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
February 27, 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 Hanus.
Councilmembers Liz 1ensen and Phyllis lessen were absent and excused. Also present were:
City Manager Ed Shulde, City Attorney Curt Pearson, City Planner Mark Koegler, City
Engineer John Cameron, Building Official/on Sutherland, Police Chief Len Harrell, Finance
Director Gino Businaro, Liquor Store Manager Joel Krumm, Insurance Consultant Carl
Bennetsen and Acting City Clerk Linda Strong. The following interested persons were also
present: Kiki Sonnen, Sharon Johnson, Bernice Putt, Cathy Bailey, Dotty O'Brien, Susan
Wilkens, Betty Strong, Elvera Johnson, Doc and Dottle Meier, Tom Stokes, Kurt Berglund,
Colette LeKachman, Brian Falk, Elta Erickson, Gary Paulsen, Ann Brucciani Lyon, Steve and
Deb Grand, Jerome Trevis, Todd Westlund, Ron Moore, Eric Gustafson, Tom Hawley, John
Bessesen, David Holm, Dean Eidem, Rick Williams.
Mayor Polston opened the meeting and welcomed all who were present.
The Pledge of Allegiance was recited.
1.1 RECYCLOTTO WINNER.
Mayor Polston announced that Gary Paulsen had won $100 Westonka Dollars for his recycling
efforts. He was present and accepted the winnings.
1.2
APPROVE MINUTES OF THE FEBRUARY 13, 1996 REGULAR MEETING AND
THE FEBRUARY 20, 1996 COMMITTEE OF THE WHOLE MEETING.
Councilmember Hanus stated there was a correction under item 1.4, relating to the Kildare Road
Improvement, the cul-de-sac could move to the east not the west.
MOTION by' Hanus, seconded by Ahrens and carried unanimously to
approve the Minutes of February 13, 1996 Regular Council Meeting as
amended.
MOTION by Polston, seconded by Ahrens and carried unanimously to
approve the Minutes of the February 20, 1996 Committee of the Whole
Meeting.
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Minutes - Mound City Council February 27, 1996
1.3 CONTINUED PUBLIC HEARING: KILDARE RQAD IMPROVEMENTS.
City Manager Ed Shukle stated a Petition and Waiver Agreement for the Kildare Lane
Improvements had been sent to Mr. Ingram, representative for the property owners to the west
on the proposed improvement and to Mr. Stokes, the purchaser of the property from Mr.
Berglund. This document was intended for all of the interested parties to sign agreeing to pay
100% of the cost of the improvements and waiving any deficiencies or further hearings. This
has not been done. Tracy Ingram stated that his owners could not sign this waiver. Tom
Stokes, Fine Line Design, developer of several of the parcels, had comments regarding the size
of the building pad for the cul-de-sac. He requested the street improvement be done as the City
had proposed. He did not want to pay assessments for the other property affected. City
Attorney Curt Pearson stated the City could not order the improvement without the fight-of-way
donated by all of the interested owners. Mayor Polston directed the parties involved to develop
an agreeable plan by all the parties, and then the Council would reconsider taking action.
MOTION by Polston, seconded by Hanus, and carried unanimously to table
the consideration of the Kildare Lane Improvement Project until all of the
interested parties agree to a workable plan and to pay for the improvements
100%.
1.4 PUBLIC HEARING: CONSIDERATION OF A CONDITIONAL USE PERMIT
FOR ST. JOHN'S LUTHERAN CHURCH TO ALLOW CONSTRUCTION OF AN
ADDITION AT 2451 FAIRVIEW LANE.
City Planner Mark Koegler summarized the request for a Conditional Use Permit for the
expansion of St. John's Church. The proposal is to expand by adding additional sanctuary space
and classrooms and reconfiguring the church entrance and the vehicular access that serves the
entrance. Also, there are plans for a new parking lot adjacent to the comer of Bartlett Blvd. and
Fairview Lane. He mentioned the 9 issues and 10 conditions that were being met. He stated
the proposed improvements required variances due to the proximity of the existing church to an
existing Indian Mound and the height of the building.
Mayor Polston opened the Public Hearing asking if there was anyone who wished to speak either
for or against this item. There was no one. Mayor Polston closed the Public Hearing.
There was discussion regarding the repair of the damaged Indian Mound. It had been repaired.
Councilmember Hanus wanted another "Whereas" added to the resolution stating, "Whereas, the
Bureau of Indian Affairs and the Minnesota Historical Society are aware of the mound's
proximity to the building, and..'
Mayor Polston moved, and Councilmember Ahrens seconded the following resolution as
amended:
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Minutes - Mound City Council February 27, 1996
RF~OLUTION//96-21
RESOLUTION TO APPROVE A CONDITIONAL USE
PERMIT TO ALLOW THE EXPANSION OF A
CHURCH LOCATED IN THE R-1 RESIDENTIAL
ZONING DISTRICT AT 2451 FAIRVIEW LANE,
TRACTS A - G, RLS NO. 739, AND THAT PART OF
BLOCK 2, SHIRLEY HILLS UNIT D, PID 24-117-24-.
12 0014, P & Z CASE//96-01.
The vote was unanimously in favor. Motion carried.
1.5
PUBLIC HEARING: 1996 COMMUNITY DEVELOPMENT BLOCK GRANT
¢CDBG) PROGRAM.
City Manager Ed Shukle reviewed the requests for CDBG funding from the various
organizations. He stated that no more than 20% of the total allocation of $66,877 could be used
for public service programming, which is $13,375. He stated the breakdown as follows:
ACTIVITY BUDGET
Westonka Senior Center Operations
Westonka Community Action Network (WECAN)
Westonka Intervention
Community Action for Suburban Hennepin (CASH)
Rehabilitation of private property
$ 8,025
$ 2,809
$1,739
$ 803
$53.501
TOTAL $66,877
Mayor Polston opened the Public Hearing asking if there was anyone present who wished to
speak for or against this item.
Sharon Johnson, Executive Director of CASH, reviewed their program with the Council. CASH
offers a hotline for renters and foreclosure prevention programs. Intentions are to expand the
homeownership programs by adding services to existing homeowners such technical assistance
and instruction on home maintenance and repair. Mayor Polston stated he would like to develop
a program similar to this to assist Iow to moderate income families to offer incentives, tools, and
possibly assistance from staff through referrals, for residents to repair and maintain their homes.
He would like to start a program to encourage homeowners to voluntarily upgrade their homes.
Kiki Sonnen, Executive Director of WECAN, shared with the Council information about her
organization. She stated WECAN is dedicated to helping people achieve greater self-sufficiency
and family stability. In 1995, 239 families were helped in Mound. Services such as Meals on
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Minutes - Mound City Co~¢il
February 27, 1996
Wheels, Food and Nutrition classes, job placement services, family support, Assistance Intake
and family counseling were available to low and moderate income families. The program is
very successful and she thanked the Council for the past support.
Cathy Bailey, Executive Director of the Westonka Senior Center, reviewed with the Council the
importance of this organization. She stated that 243 volunteers donated 21,624 hours of time
for the community. The Center assists with nutrition, health services, home maintenance
referrals, education, community volunteering for the several seniors in the Westonka area.
Sue Wilkens, Director of Westonka Rides stated the need to continue funding for ride service
for not only seniors, but for persons without a means of transportation to get to medical
appointments, etc. There were 14,306 fides provided in 1995.
The Mayor closed the Public Heating.
Councilmember Hanus stated that he would like to keep the funds within the City working to
help those in need. He felt there were some options available and requested this item to be
placed on a future agenda for the Committee of the Whole meeting.
Councilmember Hanus moved and Councilmember Ahrens seconded the following resolution:
RESOLUTION//96-22
RESOLUTION APPROVING THE PROJECTED USE
OF FUNDS FOR 1996 URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM (CDBG)
The vote was unanimously in favor. Resolution passed.
The Mayor requested a 10 minute break. The Council meeting resumed at 8:40 PM.
1.6
1996 COMMERCIAL INSURANCE PROGRAM - CARL BENNETSEN, R.L,
YOUNGDAHL & ASSOC,.
Finance Director Gino Businaro stated the commercial package was $18,000 less than last year.
This was due to the Worker's Compensation law being revised resulting in a 10% savings, and
the Municipal Liability premium is 20% less due to the LMCIT's rate reduction, lower estimated
City expenditures and improved claims experience rating.
MOTION by Ahrens, seconded by Hanus and carried unanimously to
approve the 1996 Commercial Insurance Program.
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Minutes - Mound City Council February 27, 1996
1.7
CASE//96-02: DEAN & SHIRLEY EIDEM, 4818 MONMOUTH ROAD. LOTS 22,
23 & E 1/2 OF 21, BLOCK 22, WYCHWOQD, PID 24-117 24 41 0040.
VARIANCE FOR ADDITION
Councilmember Hanus moved and Councilmember Ahrens seconded the following resolution:
RESOLUTION//96-23
RESOLUTION TO APPROVE A VARIANCE TO
RECOGNIZE AN EXISTING NONCONFORMING
REAR YARD SETBACK TO ALLOW
CONSTRUCTION OF A CONFORMING ADDITION
AT 4818 MONMOUTH ROAD, LOTS 22, 23 & E 1/2
OF 21, BLOCK 22, WYCHWOOD, PID 24-117-35 41
0040. P & Z//96-02
The vote was unanimously in favor. Resolution passed.
1.8
CASE//96-03: DAVID S. HOLM, 4321 WILSHIRE BLVD., PART OF LOT 1,
FIRST REARR. OF PHELPS ISLAND PARK 1ST DIVISION, PID 19-11%23 13
0003. VARIANCE FOR NEW DWELLING
Jon Suthefland, Building Official, stated Mr. Holm has applied for a lakeside setback variance
of 32 feet to allow the construction of a new dwelling with a 5 foot wide deck on the lakeside
to be setback 18 feet from the ordinary high water. The property is located in the R-lA. The
same variance was approved unanimously in 1990, but has expired. Approval was given
previously due to the shape and depth of the lot and that the proposal is consistent with the
neighboring properties. The lot is shallow and difficult to build on. The Planning Commission
recommended approval 6-1. Councilmember Hanus mentioned the letter from the DNR, that
it was speculative and contained some errors.
Councilmember Ahrens moved and Councilmember Hanus seconded the following resolution:
RESOLUTION//96-24
RESOLUTION TO APPROVE A LAKE SIDE
SETBACK VARIANCE FOR 4321 WILSHIRE BLVD.,
PART OF LOT 1, FIRST REARRANGEMENT OF
PHELPS ISLAND PARK 1ST DIVISION, PID 19-11%
23 13 0003, P & Z 96-03
The vote was unanimously in favor. Resolution passed.
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Minutes - Mound City Council February 27, 1996
1.9
CASE //96-05: TEAL POINTE DEVELOPMENT COMPANY. 5095 WINDSOR
ROAD, LOTS 1, 2, 24, 25 & 26, BLOCK 17 WHIPPLE, PID 25-117 24 12 0206.
VARIANCE FOR GRADING WITHIN A BLUFF
John Cameron, City Engineer, stated Alice Rogers and Teal Pointe Development Co. have
applied for a variance and grading permit to allow the placement of 540 cubic yards of fill on
a portion of lots 1 and 2, block 17, owned by Alice and Glen Rogers and also the westerly one-
half of Cobden Lane, due to the slope. This area is considered to be a bluff impact zone and
the Shoreland Management Ordinance requires a variance for this grading. The placement of
fill will eliminate the need for a retaining wall that would have to be approximately 10 feet high
at its highest point. The fill will also eliminate the need for a guardrail and fence, which is not
desirable for this residential neighborhood.
Mayor Polston moved and Councilmember Ahrens seconded the following resolution:
RESOLUTION//96-25
RESOLUTION TO APPROVE A VARIANCE FOR
FILLING WITHIN A BLUFF IMPACT ZONE AT 5095
WINDSOR ROAD, LOTS 1, 2, 24, & 26, BLOCK 17,
WHIPPLE, PID 25-118-24 12 0206, PZ #96-05
The vote was unanimously in favor. Resolution passed.
At this time the Mayor suggested to also discuss items #17 and #18 that was further on the
agenda and related to each other. Mr. Bessesen was present.
1.10
REQUEST FOR PARTIAL RELEASE OF FUNDS FROM LETTER OF CREDIT -
TEAL POINTE DEVELOPMENT PROJECT. AND REQUEST FOR EXTENSION
OF COMPLETION DATE - FOR PUBLIC IMPROVEMENTS - TEAL POINTE
DEVELOPMENT PROJECT.
City Manager Ed Shukle stated that Coffin and Gronberg, the engineer for Teal Pointe
Development is requesting a partial release of funds from the letter of credit for work completed
to date on this project. The request is for the release of $84,028.49, the original letter was
$155,000. By retaining 10%, the actual funds released would be $75,625.64. The City
Manager also mentioned that the escrow fund with the City is short $3500. The billing on the
escrow account also included an additional $2000 for upcoming expenses. He would like to see
this paid and the $2000 deposit made into the escrow account for upcoming expenses. Also,
Teal Pointe Development Co., is requesting an extension of the completion date from April
1996 until June 30, 1996. Approximately 70% of the project is completed to date. The reason
for the request is that the cold weather hampered the finishing of the roads. The remaining
items to finish include Class 5 gravel, curb and gutter, and bituminous. Greg Skinner, Public
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Minutes - Mound City Council
February27, 1996
Works Superintendent, has reviewed this and finds the request is in order.
MOTION by Hanus, seconded by Ahrens, and carried unanimously, to
release funds from the letter of credit in the amount of $84,028.49, retaining
10%, resulting in the adjusted amount for release of $75,625.64 for the Teal
Pointe Development Company.
MOTION by Polston, seconded by Ahrens, and carried unanimously to
extend the completion date of the Teal Pointe Development from April 30,
1996 until June 30, 1996 contingent upon the escrow account with the City
being paid and an additional $2000 to be deposited for future expenses.
1.11
1995 DEPARTMENT HEAD ANNUAL REPORTS: JOEL KRUMM. LIOUOR
STORE MANAGER1 GINO BUSINARO, FINANCE DIRECTQRi LEN
HARRELL, POLICE CHIEF; JON SUTHERLAND, BUILDING OFFICIAL,
Each Department Head spoke with the Council regarding their departments. The Mayor and
Council thanked each and complimented them on the excellent job they are doing.
1.12 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.13
RECOMMENDATION FROM PLANNING COMMISSION RE: APPOINTMENTS
TO FILL UNEXPIRED TERMS ON COMMISSION - ORVIN BURMA, 9011
ISLAND VIEW DRIVE, TERM EXP. 12/96 - GERALD REIFSCHNEIDER, 5411
BARTLETT BLVD. TERM EXP. 12/97
Councilmember Ahrens moved and Councilmember Hanus seconded the following resolution:
RESOLUTION//96-26
RESOLUTION APPOINTING TWO
COMMISSIONERS TO THE PLANNING
COMMISSION: ORVIN BURMA, TERM EXPIRES
12/96; AND GERALl~ REIFSCHNEIDER, TERM
EXPIRES 12/97.
The vote was unanimously in favor. Resolution passed.
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Minutes - Mound City Council
February 2'/, 1996
1.14
RECOMMENDATION FROM PARKS AND QPEN SPACE COMMISSION TO
FILL VACANCY, TERM 1/1/96 THROUGH 12/31/98 - BEV BOTKO, 2149
CARDINAL LANE
Councilmember Ahrens moved and Councilmember Hanus seconded the following resolution:
RESOLUTION #96-27
RESOLUTION APPOINTING BEV BOTKO TO THE
PARKS AND OPEN SPACE COMMISSION, TERM
TO EXPIRE 12/31/97.
The vote was unanimously in favor. Resolution passed.
1.15 RECOMMENDATION FROM PARKS AND OPEN SPACE COMMISSION RE:
DETERMINATION OF ABUTTING STATUS FOR 4700 WILSHIRE BLVD.
City Manager Ed Shulde stated the applicant is seeking to have the property at 4700 Wilshire
Blvd. designated as an "abutting" property as referred to under the Mound City Code Section
437:05, Subd. 7a. The dock location that is affected is Excelsior Lane which currently has 23
dock sites. All 23 sites were issued a license in 1995. Because of the location of this property
in relationship to the dock site area, which would have the extended property line running
parallel to the shoreline, a dock site would not fall "within his or her lot lines extended to the
shoreline" as stated in the Code. If it is determined that this property is "abutting" with first
priority rights, it would also have to be determined how staff would proceed in assigning a site.
The Council discussion concluded that the applicant would like to gain the abutting status for the
future so he would not lose the site. The Mayor suggested this item be returned to the Attorney
to research further and prepare documentation stating his findings.
1.16.
RECOMMENDATION FROM PARKS AND OPEN SPACE COMMISSION RE:
PUBLIC LANDS PERMIT APPLICATION FOR HAZARDOUS TREE REMOVAL,
NORWOOD LANE, CITY OF MOUND, APPLICANT.
Council consensus was that this item need not be on the agenda.
1.17 REQUF~T FOR FINAL PAYMENT, IMPERIAL DEVELOPERS, MOUND/
MINNETRISTA PUBLIC WORKS STORAGE SITE $2,188.41,
City Manager Ed Shulde stated Imperial Developers is requesting the final payment for work
completed through January 1996, in the amount of $2,188.41. The project has been reviewed
and approved by the Public Works Directors of Mound and Minnetrista.
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Minutes - Mound City Council February 27, 1996
MOTION by Polston, seconded by Ahrens and carried unanimously to
approve the payment request for Imperial Developers in the amount of
$2,188.41, the work is fully completed.
1.18
APPROVAL OF AN ORDINANCE AMENDING SECTION 800:05,
SUBD. 5 AND SECTION 800:35. SUBD. 10, RELATING TO SUNDAY
$ALES AND CLUB LICENSES.
City Manager Ed Shukle stated the VFW is a club now selling food on Sundays. The City
issues a Sunday Liquor Sales License to the VFW. However, City Ordinance Section 800:05,
Subd. 5, does not include "club" as being allowed to be open on Sundays for liquor sales when
food is involved. Therefore, the ordinance is being amended to allow for "clubs" to obtain
Sunday Liquor Sales licenses.
MOTION by Ahrens, seconded by Hanus to amend Section 800:05, Subd. 5,
of the Mound City Code to include "clubs", and to clarify Subd. 10 of Section
800:35 regarding guests. The vote carried unanimously.
1.19 BID AWARD: TANKER APPARATUS MODIFICATIONS.
City Manager Ed Shukle stated that the Fire Department had taken bids a month ago and
received only one bid, which was way over the budget of $40,000. They have re-advertised and
now had three bids. The choice and recommendation by the Fire Department is Emergency
Refurbishing at $46,000.
MOTION by Ahrens, seconded by Hanus and carried unanimously to accept
the bid of $46,000 from Emergency Refurbishing to modify and refurbish the
Mack Pumper, Model CF685.
1.20
APPROVAL OF VARIOUS PERMITS - BINGO MOUND FIRE DEPT.
AUXILIARY EXCLUDED RAFFLE - OUR LADY OF THE LAKE CHURCH.
MOTION by Ahrens, seconded by Polston to approve permits for the Mound
Fire Department Auxiliary for an Excluded Bingo Permit for March 26, 1996
and an Excluded Raffle for Saturday, June 8, 1996.
MOTION by Ahrens, seconded by Polston to approve permit for Exemption
from Lawful Gambling License for Saturday, April 6, 1996 for Our Lady of
the Lake Church School, Easter Bunny Raffle.
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Minutes - Mound City Council
Both motions carried unanimously.
February 27, 1996
1.21 PAYMENT OF BILLS.
MOTION made by Polston, seconded by Hanus to authorize the payment of
bills as presented on the pre-list in the amount of $111,034.94, when funds
are available. A roll call vote was unanimously in favor. Motion carried.
ADD-ON ITEMS:
1.22 APPROVE ON PREMISES GAMBLING PERMIT FOR THE AMERICAN
LEGION POST//398 .
Councilmember Polston moved and Councilmember Hanus seconded the following resolution:
RESOLUTION//96-28
RESOLUTION APPROVING AN ON PREMISES
GAMBLING PERMIT RENEWAL APPLICATION
FOR AMERICAN LEGION POST //398, 2333
WILSHIRE BLVD.
The vote was unanimously in favor. Resolution passed.
1.23 MCTO INFORMATION RELATING TO THE CANCELLATION OF CERTAIN
BUS SERVICE TO MOUND
City Manager Ed Shukle stated MCTO will be holding hearings the week of March 12-19
regarding cutbacks. The closest meeting will be in Wayzata on March 14th at 7 PM. The
MCTO is proposing to eliminate route 76 serving western suburbs to the U of M completely.
Also, to eliminate route 75 all service west of Wayzata accept 75EN and to eliminate the last
night trip. This means eliminating all service except for rush hour service. Council directed
staff to have this published in The Laker.
1.24
INFORMATION/MISCELLANEOUS:
A. JANUARY 1996 FINANCIAL REPORT AS PREPARED BY GINO
BUSINARO, FINANCE DIRECTOR.
PARKS AND OPEN SPACE COMMISSION MINUTES OF FEBRUARY 8,
1996.
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Minutes - Mound City Council February 27, 1996
C. PLANNING COMMISSION MINUTES OF FEBRUARY 12, 1996.
ECONOMIC DEVELOPMENT COMMISSION MINUTES OF FEBRUARY 15,
1996.
INFORMATION FROM THE LEAGUE OF MINNESOTA CITIES (LMC) RE:
"CERTIFICATE OF RECOGNITION" PROGRAM THROUGH THE
LEADERSHIP INSTITUTE. PLEASE READ AND LET ME KNOW IF YOU
ARE INTERESTED IN ENROLLING. PLEASE NOTE THAT I SERVED ON
THE LEADERSHIP INSTITUTE ADVISORY COMMITTEE WHICH
ESTABLISHED THE FOUNDATION FOR THE LEADERSHIP INSrlTrUTE.
ALTHOUGH, SOMEWHAT BIASED, I THINK PARTICIPATION IN IT
WOULD BE VALUABLE FOR THE ENTIRE CITY COUNCIL.
PRECINCT CAUCUSES ARE SCHEDULED FOR TUESDAY, MARCH 5,
1996. SEE INFORMATION ENCLOSED.
REMINDER: WESTONKA COMMUNITY CENTER TASK FORCE IS
SCHEDULED TO MEET WEDNESDAY, MARCH 6, 1996, 7 PM, AT
COMMUNITY CENTER. MAYOR POLSTON AND COUNCILMEMBER
JENSEN ARE THE CITY OF MOUND'S REPRESENTATIVES ALONG WITH
THE CITY MANAGER AND ARE ASKED TO ATTEND.
MOTION by Hanus, seconded by Polston, and carried unanimously to
adjourn the meeting. The meetin~~~~g~t edit 9:50 PM~
Attest' Acttng C~ty
104
BILLS
February 27, 1996
BATCH 6022 $111,034.94
Total Bills $111,034.94