1996-06-11MINUTES- MOUND CITY COUNCIL- JUNE 11, 1996
The City Council of the City of Mound, I-tennepln County, Minnesota, met in regular session on
Tuesday, June 11, 1996 at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City.
Those present: Mayor Bob Polston, Councilmembers Mark Hanus and Phyllis Jessen. Absent and
excused: Andrea Ahrens and Liz Jensen. Also in attendance: City Manager Edward J. Shukle, Jr.,
City Attorney Curt Pearson, City Engineer John Cameron and Acting City Clerk Linda Strong.
The following interested citizens were also present: Brian Schultz, Steve Bell, Bruce Polaczyk, Robert
Howell, Bozena Kuklinska, Dharam Bobra, Steve Behnke, Tom Stokes, Brian Johnson, Ron Moore,
Mary Wiebusch.
The Mayor opened the meeting. The Pledge of Allegiance was recited.
1.0 APPROVE THE MINUTES OF THE MAY 28, 1996 REGULAR MEETING.
Councilmember Mark Hanus stated there were still some errors in Resolution #96-54, regarding the
variance for 2600 Grove Lane. He inquired if the applicant had received the resolution and was told
yes. He would like to have the resolution reviewed by staff and clarified according to his notes.
MOTION by Hanus, seconded by Jessen, and carried unanimously to approve the
Minutes of the May 28, 1996 Regular meeting with the provision that Resolution
#96-54 is reviewed by staff and corrected.
1.1 PUBLIC HEARING: STREET VACATION - CHURCHILL LANE, MICHAEL &
CARRIE MCDONALD, 3018 CHURCHILL LANE, PID 24-11%24 44 0146, P&Z g96-18.
City Manager Ed Shukle stated the Planning Commission suggested that this item be continued until
June 25, 1996 as some issues still had to be addressed by the Commission. Mayor Polston opened the
Public Hearing and asked if anyone present wished to speak either for or against this item. There was
no one. Mayor Polston returned the item to the Council.
MOTION by Jessen, seconded by Hanus, and carried unanimously to continue the
public hearing on the street vacation of Churchill Lane until June 25, 1996 after the
Planning Commission has had time to address this issue further.
1.2 PUBLIC HEARING: PROPOSED TRANSFER/MERGER OF TRIAX MIDWEST
ASSOCIATES, L.P. AND D.D. CABLE PARTNERS, L.P.
NOTE: TOM CREIGHTON, BERNICK AND LIFSON AND ATTORNEY REPRESENTING
THE CITY OF MOUND AND THE LAKE MINNETONKA CABLE COMMUNICATIONS
COMMISSION HAS RECOMMENDED THAT WE OPEN THE HEARING, TAKE ANY
COMMENTS AND THEN CONTINUE THE HEARING TO JULY 23, 1996, DUE TO THE
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FACT THAT THERE IS INFORMATION THAT HE IS WAITING FOR FROM TRIAX
MIDWEST AND D.D. CABLE PARTNERS THAT IS NECESSARY BEFORE THE CITY
COUNCIL TAKES ACTION ON THIS REQUEST. THE HEARING MUST BE HELD NOW
TO COMPLY WITH FEDERAL REGULATIONS.
City Manager Ed Shulde stated there was legal work yet to be completed on the transfer/merger of
Triax Cable and the attorneys for Triax had asked that this public hearing be continued until July 23,
1996. The Mayor opened the Public Hearing and asked if there was anyone present who wished to
speak either for or against this item. There was no one.
MOTION by Hanus, seconded by Jessen, and carried unanimously to continue the
Public Hearing on the transfer/merger of Triax Cable until July 23, 1996.
1.3
PRESENTATION BY DHARAM BOBRA, P.E., SENIOR DESIGN ENGINEER,
HENNEPIN COUNTY RE: PROPOSED STOPLIGHT ON THREE POINTS BLVD. AND
CSAH 110.
Mayor Polston introduced Dharam Bobra, P.E. Senior Design Engineer, Hennepin County, who
presented plans and information regarding the installation of a traffic light at the intersection of County
Road 110 and Three Points. He stated that through traffic counts often times there is a 4 - 6 even 10
minute wait to turn onto County Road 110 south. The traffic lights will hang over the road and be
visible looking south when coming from the north over the hill. There will be high intensity crosswalk
decals installed on the road and push buttons on the poles to stop traffic for pedestrians. The light
should be operational by November 15, 1996.
Mary Wiebusch, 1748 Heron Lane, stated she has had two accidents at this intersection and she is very
glad that a traffic light is going to be installed. She stated that several of her neighbors were also
pleased to see a light installed. City Manager Ed Shukle conveyed a message from a resident at
Seahorse Condominiums stating he did not want a light installed.
Councilmember Jessen moved and Councilmember Hanus seconded the following proposed resolution:
RESOLUTION #96-59
RESOLUTION APPROVING PLANS FROM HENNEPIN
COUNTY PROJECT NO. 9514 RELATING TO THE
INSTALLATION OF A TRAFFIC CONTROL SIGNAL AT
THE INTERSECTION OF COUNTY ROAD 110 AND THREE
POINTS BLVD.
The vote was 3-0. Motion carded.
1.4 REQUEST TO REMOVE FROM THE TABLE: KILDARE ROAD IMPROVEMENT
PETITION REQUEST - TRACY INGRAM AND BRIAN SCHULTZ.
Mayor Polston stated that the private parties involved in the request for the street improvement have
a proposal. The item needs to be removed from the table first.
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Minutes - Mound City Council June 11, 1996
MOTION by Hanus, seconded by Je en, and earrled unanimoudv to e move the
Kildare Road Improvement Project from the table.
City Attorney Curt Pearson stated the owners of the abutting properties to this project have come to an
arrangement which will become a general agreement once the City approves of them proceeding with
a private project to be funded by the property owners. Mr. Pearson outlined the items to be in the
formal agreement stating that there would be no cost to the City and that the project would comply with
the City's standards, or they would request a variance where needed.
Mayor Polston questioned the grading situation, storm water runoff, the 70' cul de sac and, the width
of the street. City Engineer John Cameron stated he was aware of these items, but had not seen any
plans yet in which to approve or not approve. Also discussion focused on a permit the Watershed
District must grant, and the Watershed District would not even look at the concept until the city gave
an approval. Mr. Pearson prepared a motion:
MOTION, by Jessen, seconded by Hanus and carried unanimously to authorize the
City Staff and the City Attorney to work with the property owners on Kildare Road
to prepare an agreement between the City and the property owners to construct a
public street and utilities on Kildare Road in accordance and in compliance with all
City standards. The property owners shall pay all of the costs incurred by the city
and the property owners shall dedicate all rights of way and all easements required
for the improvements to the City and to dedicate the completed paid for street and
utilities to the City of Mound. All plans and specifications for the construction shall
be reviewed by the City Engineer and shall meet all City standards. The completed
agreement may require several minimal variances from City Standard (i.e., 28 to 24
foot wide street, 80' to 70' cul de sac) and any such variances are subject to City
Council approval.
Comment was made that the Watershed District requires either a storm water holding pond plan or a
financial contribution to the District. The Council asked what this meant. City Attorney Curt Pearson
stated the District requires a monetary donation if no storm water plan exists in order to research and
develop a storm water holding pond plan for the region where it cannot be done in small area plans.
1.5
RESOLUTION DENYING REQUEST FOR VARIANCE TO ALLOW CONSTRUCTION
OF DECK WITHIN FRONT YARD SETBACK AT 1708 AVOCET LANE.
Councilmember Hanus moved and Councilmember Jessen seconded the following proposed resolution
as prepared by the City Attorney:
RESOLUTION g96-61
RESOLUTION DENYING REQUEST FOR VARIANCE TO
ALLOW CONSTRUCT/ON OF A DECK WITHIN FRONT
YARD SETBACK AT 1708 AVOCET LANE, PZ#96-21. PID
//13-117-24 21 0033.
The vote was unanimously in favor of denial. Motion carried.
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Minutes - Mound City Council June I1, i996
1.6
REQUEST FROM BRIAN AND MARIA JOHNSON RE: EXTENSION OF ONE YEAR
BUILDING PERMIT, 4945 GLEN ELYN RD.
City Manager Ed Shukle stated that the one year limit had expired on the building permit at 4945 Glen
Elyn Road and the remodeling had not been finished. The owner, Brian Johnson was present and stated
that he is doing the building himself and it takes longer that through a contractor. He intends to join
together the old house with the new portion this summer and have the outside sided by fall.
MOTION by Jessen, seconded by Hanus and carried unanimously to approve the
extension of building permit//10835, 4945 Glen Elyn Road for one year.
1.7
APPROVAL OF CERTIFICATION OF LOCAL PERFORMANCE MEASURES FOR
LOCAL PERFORMANCE AID PAYABLE IN 1997.
City Manager Ed Shukle stated the 1996 version of the omnibus tax bill includes a provision referred
to as Local Performance Aid (LPA). This is an attempt to associate general purpose homestead and
agricultural credit aid with performance outcomes. This aid is intended to assure that state revenue
sharing with cities and counties will be based upon a defensible formula. The City must have a system
of performance measures for services provided by the city and must compile and present these measures
to the City Council at least once per year. The total amount of aid available for cities is $441,735 plus
$1 times the most recent population of each qualifying city. It should be noted that the $441,735 is
appropriated from the general fund, and the additional amount ($1 times the most recent population of
each city) is a permanent reduction in each city's HACA. The HACA reduction applies whether or not
the city is eligible to receive LPA. The City will prepare yearly reports to meet the measure
requirements.
MOTION by Hanus, seconded by Jessen and carried unanimously to approve the
Certificate of Local Performance Measures and authorize the Mayor and one
Councilmember to sign the 1997 Local Performance Aid Certificate.
1.8
LICENSE RENEWALS: ON-SALE BEER, OFF-SALE BEER, CLUB-ON-SALE, ON-
SALE WINE AND SUNDAY SALES.
City Manager Ed Shukle stated the following licenses are due to expire on June 30, 1996 and are being
presented for- renewal with the new term dates of 7-1-96 to 6-30-97. Approval is contingent upon all
required forms, insurance, etc., being submitted.
On-Sale Beer
A1 & Alma's Supper Club
House of Moy
Off-Sale Beer
Brickley's Market
PDQ Food Store
SuperAmerica
Club - On-Sale
American Legion Post//398
VFW Post//5113
On-Sale Wine
A1 & Alma's Supper Club
House of Moy
Sunday Sales
VFW Post//5113
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Minutes- Mound City Council June I1, I996
MOTION by Polston, seconded by Jessen and carried unanimously to approve the renewals
of the liquor licenses as listed.
1.9 PAYMENT OF BILLS.
(NOTE: EXPLANATION OF LONGFORD ROAD SURVEY EXPENSE NOT APPROVED
AT 5/28/96 MEETING WHICH WE ARE RECOMMENDING APPROVAL FOR AT THIS
MEETING. ENCLOSED ALSO NOTE LETrER DATED JUNE 5, 1996 FROM LMCD RE:
LONGFORD ROAD DOCK INTERPRETATION).
City Manager Ed Shukle mentioned the memo from Parks Director Jim Fackler responding to why the
bill for $605 was charged to the Docks Program. Mayor Polston stated the developer was the one to
benefit from the survey of the shoreline indicating possible commons docks access. He wanted the
developer to pay the bill. Councilmember Hanus agreed with Mayor Polston. Councilmember Jessen
stated the survey would eventually benefit the entire commons dock program and it should be paid from
the dock fund.
MOTION by Polston, seconded by Hanus to request that the developer, Brenshell
Homes/Tom Stokes of the Longford Road/Kildare Road improvement project to pay
the bill of $605 for the survey done to establish the possibility of commons docks.
Motion carried 2-1, Jessen voting nay.
Discussion focused on whether the City should pay this invoice to McCombs Frank Roos now and then
bill Brenshell Homes for payment.
MOTION by Hanus, seconded by Jessen, to pay the invoice of $605 to McCombs
Frank Roos and then bill BrensheH Homes/Tom Stokes for payment. Motion carried
3-0.
MOTION made by Jessen, seconded by Hanus, to authorize the payment of bills as
presented on the pre-list in the amount of $239,574.35, when funds are available.
A roll call vote was unanimously in favor. Motion carried.
1.10
INFORMATION/MISCELLANEOUS:
DEPARTMENT HEAD MONTHLY REPORTS FOR MAY, 1996,
LMCD REPRESENTATIVE'S REPORT FOR MAY 1996.
LMCD MAILINGS (TO BE HANDED OUT TUESDAY).
MEMORANDUM FROM THE CITY OF ORONO INVITING TWO CITY COUNCIL
REPRESENTATIVES TO ATTEND A MEETING ON WEDNESDAY, JULY 10, 1996,
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Minutes - Mound City Council June 11, 1996
7 PM, AT SHOREWOOD CITY HALL TO REVIEW A DOCUMENT ENTITLED
"LAKE MINNETONKA AREA COOPERATIVE POLICE SERVICES STUDY"
PREPARED BY THE LAKE MINNETONKA COOPERATING CITIES (LMACC)
DATED MAY 15, 1996. THE DOCUMENT WAS DEVELOPED UNDER A $5,000
GRANT FROM THE METROPOLITAN COUNCIL AND WAS WORKED ON BY AN
INTERN FROM THE PUBLIC ADMINISTRATION GRADUATE PROGRAM AT
HAMLINE UNIVERSITY AND ASSISTED BY A SUBCOMMITTEE OF CITY
ADMINISTRATORS AND MANAGERS FROM THE LAKE AREA CITIES.
REVIEW AND COMMENT WAS ALSO PROVIDED BY LAKE AREA CHIEF'S OF
POLICE. THE STUDY OFFERS SOME "FOOD FOR THOUGHT" ON WAYS IN
WHICH LAKE AREA CITIES CAN COOPERATE FURTHER IN THE AREA OF
POLICE SERVICES DELIVERY AS WELL AS POSSIBLE CONSOLIDATION
OPPORTUNITIES THAT COULD OCCUR IN THE FUTURE. THE LATTER ISSUE
WOULD REQUIRE A MORE-IN-DEPTH FEASIBILITY STUDY OF
CONSOLIDATION OF POLICE DEPARTMENTS. A COPY OF THE STUDY IS
ENCLOSED AND I WOULD ASK THAT YOU REVIEW IT AND LET ME KNOW
WHICH TWO OF YOU WOULD LIKE TO ATTEND ON BEHALF OF THE CITY
OF MOUND.
Eo
MEMORANDUM FROM THE WESTONKA AREA CHAMBER OF COMMERCE RE:
LOCAL FOCUS MEETING FOR MAYOR POLSTON AND MYSELF TO ATTEND
ON WEDNESDAY, JUNE 12, 1995, 7:30 AM, AT THE YACHT CLUB, SPRING
PARK. THE MEETING WILL FEATURE BRUCE CHAMBERLAIN AND MYSELF
PRESENTING THE MOUND VISIONS PROGRAM TO OTHER LAKE AREA
CITIES.
LETTER DATED MAY 29, 1996, RE: PRELIMINARY POPULATION AND
HOUSEHOLD ESTIMATES FOR MOUND AS OF APRIL 1, 1995.
Go
LETTER DATED MAY 31, 1996, FROM NON-ABUTTING RESIDENTS OF
WOODLAND POINT RE: CITY COUNCIL ACTION ON 1996 DOCK
ARRANGEMENT FOR WOODLAND POINT.
AT THE 5/28/96 MEETING, A PUBLIC LANDS PERMIT WAS APPROVED ON A
3-2 VOTE FOR STEPHANIE COON, 4729 ISLAND VIEW DRIVE. WE
NEGLECTED TO POINT OUT IN THE DISCUSSION OF THIS ITEM THAT
UNDER SECTION 320 OF THE MOUND CITY CODE, APPROVAL REQUIRES A
4/5 VOTE OF THE CITY COUNCIL. WE CAUGHT THIS WHILE PREPARING
THE CERTIFIED RESOLUTION AFTER THE MEETING. WE APOLOGIZED TO
MS. COON AND INDICATED THAT IT WOULD HAVE TO GO BACK TO THE
COUNCIL FOR DISCUSSION AGAIN. SINCE TWO OF YOU WILL NOT BE
PRESENT NEXT TUESDAY EVENING, THE ITEM WILL HAVE TO BE
RETURNED TO THE COUNCIL FOR CONSIDERATION ON JUNE 25, 1996. WE
APOLOGIZE FOR CAUSING THE INCONVENIENCE TO MS. COON AND THE
CITY COUNCIL.
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Minutes - Mound City Council June 11, 1996
THE WESTONKA COMMUNITY CENTER TASK FORCE HAD ITS FINP L
MEETING ON JUNE 5, 1996. AFTER SOME DISCUSSION REGARDING
POSSIBLE PARTNERSHIPS WITH LIFETIME FITNESS AND THE YMCA, IT WAS
DETERMINED TI-IAT THE DEMOGRAPHICS AND FINANCIAL OBLIGATIONS
WERE IMPOSSIBLE TO OVERCOME. THE TASK FORCE'S RECOMMENDATION
TO THE SCHOOL BOARD ON WHAT TO DO WITH THE BUILDING IS NOW TO
GO TO PLAN B WHICH IS TO DEMOLISH THE 1938 HIGH SCHOOL AND
RETAIN THE 1965 PODS ~ REMODELING AND CODE IMPROVEMENTS.
UNFORTUNA~LY, THE OLD GYMNASIUM CANNOT BE SAVED DUE TO THE
FACT THAT IT DOES NOT HAVE SUPPORTING WALLS TO HOLD IT UP. THE
SCHOOL BOARD WILL HEAR THIS RECOMMENDATION AT ITS JUNE 10, 1996
BOARD MEETING. THE TASK FORCE SPENT NEARLY 2 YEARS ANALYZING
THIS ISSUE AND ALTHOUGH THEY BELIEVE THAT A NEW COMMUNITY
CENTER IS THE ULTIMATE ANSWER, THEY ARE REALISTS AND
UNDERSTAND THE DIFFICULTY IN ACCOMPLISHING ULTIMATE SOLUTION.
THE TASK FORCE WISHES TO THANK THE ELECTED OFFICIALS FOR THE
TIME THEY SPENT IN MEETINGS WITH THE TASK FORCE AND PROVIDING
INPUT ON THIS VERY IMPORTANT COMMUNITY ISSUE.
MOTION by Jessen, seconded by Hanus, and carried unanimously to adjourn the
meeting. The meeting was adjourned at 8:50 PM.
Attest:
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BILLS. June 11, 1996
BATCH
BATCH
BATCH
6052A
6053
6054
Total Bills
$ 47,238.77
101,340.34
90,995.24
$239,574.35
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