1996-07-09MINUTES o MOUND CITY COUNCIL - JULY 9, 1996
The City Council of the City of Mound, I-Iennepin County, Minnesota, met in regular session on
Tuesday, July 9, 1996 at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City.
Those present: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen,
Phyllis Jessen. Also in attendance: City Manager Edward J. Shukle, Jr., City Attorney Curt Pearson,
City Planner Mark Koegler, Parks Director Jim Fackler and Acting City Clerk Linda Strong.
The following interested citizens were also present: Richard and Connie Meyer, Steve Ochy, Michelle
Alexander, Michael Pride, Stephanie Coon, Michael Savage, Randall Englehart, Jeffrey Andersen, Gene
Garvais, Steve Erickson, Steve Behnke, Tom Stokes, Ron Moore, Doug Rippie, Pete Ruchner.
Mayor Polston opened the meeting and welcomed those in attendance.
The Pledge of Allegiance was recited following a moment of silence for the lives lost in Saudi Arabia.
Mayor Polston acknowledged Sgt. John McKinley of the Mound Police Department. Sgt. McKinley
introduced to the City Council the two new police officers: Michelle Alexander and Allen Ringate.
The Council and Staff welcomed the new officers.
1.0 APPROVE THE MINUTES OF THE JUNE 25, 1996 REGULAR MEETING.
Councilmember Hanus mentioned on item #1.14, the Parks Commission, not the Planning Commission
recommended approval.
MOTION by Hanus, seconded by Ahrens, and carried unanimously to approve the
Minutes of the June 25, 1996 Regular Council meeting as amended.
1.1
PUBLIC HEARING: CONSIDERATION OF A CONDITIONAL USE PERMIT TO
ALLOW A MINOR AUTO REPAIR BUSINESS FOR MEYER'S MOUND SERVICE
LOCATED IN THE B-1 CENTRAL BUSINESS DISTRICT AT 2610 COMMERCE
BLVD., PID #23-11%24 14 0043 & 0050.
City Planner Mark Koegler stated the owners had applied for an amendment to their Conditional Use
Permit to allow an Auto Repair Business in the B-1 District. He reviewed the conditions with the
Council and stated staff and Planning Commission unanimously recommended approval.
Councilmember Jensen questioned the actual number of vehicles allowed to be parked overnight on the
lot. Discussion revolved around there not being a limited number of vehicles, rather keeping the
parked vehicles within the north lot.
Mayor Polston opened the public hearing and asked if there was anyone present who wished to comment
either for or against this item. Mr. Meyer was present and stated that he did not want a limit on the
vehicles as vehicles will be coming and going frequently. Weather conditions often dictate the count
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Minutes - Mound City Council July 9, 1996
of vehicles as his business was AAA authorized. Also, he had agreed, as the Planning Commission had
requested, to not have any overnight parking on the south side of the property along Bartlett Boulevard.
Then Mr. Meyer questioned item "g" in the conditions regarding the two parcels being combined. He
stated he could not do this as the north lot was on a contract for deed and not paid off yet. He would
like to have that portion of the resolution removed. Council discussed this and the City Attorney
reworded item "g" to read: Tax parcels 23-117-23 14 0043 and 23-117-24 14 0050 shall be required
to be under one ownership and if either parcel is sold or transferred, this Conditional Use Permit shall
immediately become null and void and the new owner or owners shall be required to reapply for a new
Conditional Use Permit." Mr. Meyer was in agreement. City Manager Ed Shukle read a letter from
a neighboring resident, Mr. Tom Reese, that stated his agreement with the business proposal.
Being no more comments for or against, Mayor Polston dosed the public hearing.
Mayor Polston was concerned with the possibility of complaints of too many vehicles and if the
resolution did not state an actual count, what guidelines did the City have to enforce over parking?
Councilmember Jensen suggested changing the word 'parking' to 'storage' of vehicles. Mayor Polston
stated that if the resolution was not defined clearly, a precedence could be established. Consensus was
to let the area in use be the definition.
Councilmember Jensen moved and Councilmember Hanus seconded the amended resolution:
RESOLUTION//96-69
RESOLUTION TO APPROVE A CONDITIONAL USE
PERMIT TO ALLOW A MINOR AUTO REPAIR BUSINESS
FOR MEYER'S MOUND SERVICE LOCATED IN THE B-1
CENTRAL BUSINESS DISTRICT LOTS 1, 2, 3, & S. 1/2 OF
47, 48, 49, BLOCK 9, PID'S 23-117-24 14 0043 AND 0050. PZ
g96-26.
The vote was unanimously in favor. Motion carried.
1.2
CASE //96-32: RESOLUTION APPROVING A VARIANCE FOR A
GARAGE/SECOND FLOOR ADDITION, RAYMOND BAYLOR, 4790 NORTHERN
ROAD.
Councilmember Jessen moved and Councilmember Ahrens seconded the proposed resolution:
RESOLUTION g96-70
RESOLUTION TO APPROVE A FRONT YARD AND SIDE
YARD SETBACK VARIANCES TO ALLOW
CONSTRUCTION OF A TWO STORY ADDITION AT 4790
NORTHERN ROAD, E. 1/2 OF LOT 27 & W. 1/2 OF 28,
SUBDIVISION OF LOTS 1 & 32, SKARP & LINDQUIST'S
RAVENSWOOD, PID//18-117-23 33 0027. PZ//96-32.
The vote was unanimously in favor. Motion carried.
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Minutes- Mound City Council July 9, 1996
1.3
RESOLUTION APPROVING A PUBLIC LANDS PERMIT FOR STAIRWAY AND
RETAINING WALL, STEPHANIE COON, 4729 ISLAND VIEW DRIVE.
City Manager Ed Shulde reviewed this item stating that at the previous City Council meeting the
Council had removed from the proposed resolution any reference to the existing nonconforming
playhouse and lightpole. These items would be dealt with later when the Commons Task Force makes
their recommendations regarding private structures and encroachments on public lands to the Council.
Polston moved and Jensen seconded the following revised resolution:
RESOLUTION//96-71
RESOLUTION TO APPROVE A SPECIAL PERMIT TO
ALLOW PRIVATE STRUCTURES ON PUBLIC LAND FOR
STEPHANIE COON, INCLUDING A STAIRWAY,
RETAINING WALL AND PLANTINGS, LOCATED ON
DEVON COMMON, ABUTTING 4729 ISLAND VIEW
DRIVE. DOCK SITE//42314
The vote was unanimously in favor. Motion carried.
1.4 RESOLUTION APPROVING AN INCREASE IN FIRE RELIEF ASSOCIATION
PENSION BENEFIT EFFECTIVE JULY 1, 1996.
City Manager Ed Shukle stated he had received a request from the Mound Fire Relief Association to
increase the pension benefit currently at $425 to $460 per month. Each firefighter must have served
20 years or more before receiving this pension. He stated based upon an actuarial that was performed
as of 12/31/95, the current pension contributions from the various cities in the fire district, along with
the investment earnings on the pension, there are adequate funds to cover a pension benefit increase of
$35. He also mentioned the unfunded accrued liability, and stated the Board of Directors and City
Staff will continue to work on a strategy and report back to the Council in the future.
Polston moved and Ahrens seconded the following proposed resolution:
RESOLUTION//96-72
RESOLUTION APPROVING THE
ASSOCIATION'S REQUF_~T TO INCREASE
BENEFITS AS REQUESTED.
RELIEF
PENSION
The vote was unanimously in favor. Motion carried.
1.5
CONTINUED DISCUSSION: PROPOSAL FOR NEW DOCK LOCATIONS -
LONGFORD ROAD, BRENSHELL HOMES/FINE LINE DESIGN.
City Manager Ed Shukle stated there was a packet of information just handed out from Jim Fackler,
Parks Director. He asked the Council if they had any questions. Jim Fackler introduced Greg Nybeck,
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Minutes - Mound City Council July 9, 1996
Administrative Technician of the LMCD. Mr. Faclder summarized his memo to the Council. He stated
there had been three Dock Location Maps since 1974. He was able to collect a limited history on the
number of dock sites and boat counts that were used when calculating the LMCD Commercial Dock
License for the City from 1978 to present. The first map (1974-1976) made no reference to lineal
footage. It was not known. The second map (1977-1982) applied lineal footage to identify each dock
site location. The total noted was 70,050 feet. He was informed by the City Engineer that the lineal
footage was probably collected by city staff using a combination of surveys and half section maps. The
third map (1982-1995) was a continuation of the previous map with enhancements from the engineering
firm McCombs Frank Roos. This map used lineal footage, but shows a reduction of 8,735 to a total
of 61,315 lineal feet. He had no history as to why this was changed and what areas were affected. The
fourth map (1983-present) shows nine revision dates, but the total lineage footage remains at 61,315.
Faclder stated it was always understood by staff that the dock program utilizes approximately 4.5 miles
of shoreline, which is a portion of the total 6 miles of noncontiguous shoreline under the City's control.
He stated that the total footage in 6 miles is only 31,680 lineal footage and does not match the maps
at 61,315 lineal footage. When using the LMCD's requirement for one BSU (Boat Storage Unit) per
50 lineal feet, 31,680 lineal feet would allow for 633.6 BSU's, and according to the BSU count from
1988 on (when they began counting BSU's) the total has never been over 633.6. Mr. Fackler further
stated there was an understandable question as to what is the correct lineal footage of noncontiguous
City owned shoreline. The Dock Location Map can be updated by two ways: Staff could make use
of current recorded based on half section maps and the use of surveys that are currently on hand, giving
an approximation; or, contract a registered land surveyor at the cost of about $20,000 to survey the
shoreline in need of clarification, also utilizing surveys on f'fle and half section maps.
Ahrens had questions for Mr. Nybeck regarding when the LMCD allowed cities to add up and use
noncontiguous shoreline? Mr. Nybeck stated it was started for density provisions, too many boats, in
one area, use another city owned area. She also asked what types of shoreline could be included, street
dead ends, easements? He stated any area dedicated to the public would be city owned. Other
discussion dealt with whether the current Dock Location Map was to scale. This was not known.
Ahrens stated the City could end up with 633 docks. Mr. Nybeck stated the license is for BSU's not
docks.
Steve Behnke, Brenshell Homes/Fine Line Design, approached the Council and stated that their
proposed dock, of 9 slips fits in under the total number of docks allowed in the system. Ahrens stated
what if the measurements are very inaccurate and the City did not have the estimated amount of lineal
footage and docks had to be removed? Without knowing the exact lineal footage, she did not want more
docks. Tom Stokes, Fine Line Design, approached the Council and stated that there had been questions
about the docks for over eight months. Mayor Polston stated he did not want mistakes, the footage
should be determined. He suggested asking the City Engineer to verify map origination, and to have
the footage verified before adding more docks. Ahrens asked of Mr. Nybeck what footage could be
counted. Mr. Nybeck stated any city owned land over the OHW of 929.4 ft., including setbacks being
met. Mayor Polston suggested returning with the information in two weeks at the next Council meeting.
Jensen stated that if the request of the builder for a dock came in under the current dock count, BSU
count, why not allow it? Mr. Doug Rippie, a future resident of the new development, stated he had
one boat and would like to put it in the water and that the other docks/boats would not be requested
until next summer. Faclder stated the Longford Road shoreline is not yet included on the Dock
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Minutes - Mound City Council July 9, 1996
Location Map. Jensen stated that if this road was to be added to the shoreline footage, there should be
plenty of room for a dock, even if the actual footage was not known, more footage was being added
to the total. Fackler mentioned application was needed to the DNR for these new docks and a fee of
$150. Stokes stated the DNR won't issue a permit until the City approves, and verbally, the DNR had
approved their plan to cross the wetlands to reach these new docks.
MOTION by Jensen, seconded by Ahrens to allow Brenshell Homes/Fine Line
Design two boats at the proposed dock location site until further information is
collected regarding the actual lineal footage the City of Mound owns for the dock
program.
The vote carried 4-1, with Polston voting nay. Polston stated he wanted definite answers to the
lineal footage before allowing more boats.
1.6 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.7 APPROVAL OF A QUASI PUBLIC FUNCTION-PORTABLE SIGN APPLICATION
FOR THE MOUND WESTONKA CLASSIC, MOUND WESTONKA BASEBALL
ASSOCIATION.
City Manager Ed Shulde stated the sign was already up, approval would be needed.
MOTION by Jensen, seconded by Jessen, and carried unanimously, to approve a
Quasi Function Portable Sign Application for the Mound Westonka Classic, Mound
Westonka Baseball Association.
1.8 RESOLUTION RELEASING TAX FORFEIT PROPERTY FOR SALE AT 6253
BIRCH LANE, LOT 4, BLOCK 9, MOUND TERRACE, PID 14-117-24 32 0046.
City Manager Ed Shulde stated a parcel on Birch Lane had been reviewed by the Parks and Open Space
Commission, Planning Commission, City Engineer and Department Heads. The lot is a buildable lot.
Jessen stated that there is huge amount of nature area in the City, the school property, wetlands and the
lake need to be included as nature areas. She wanted this parcel back on the -tax rolls. Hanus
mentioned the City has a large task maintaining all of the nature areas it has.
Ahrens moved and Jessen seconded the following proposed resolution:
RESOLUTION/D6-73
RESOLUTION AUTHORIZING THE MAYOR AND CITY
MANAGER TO REQUEST THE STATE TO RELEASE THE
NORTHEASTERLY l0 FEET OF LOT 4, BLOCK 9, MOUND
TERRACE FOR DRAINAGE AND UTILITY EASEMENT
AND DIRECT THIS PARCEL OF LAND TO BE RELEASED
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Minutes - Mound City Council
July
FOR SALE.
The vote was unanimously in favor. Motion carried.
1.9
SET PUBLIC HEARING TO CONSIDER THE VACATION OF A 30 FOOT WIDE
PLATTED RIGHT OF WAY KNOWN AS COBDEN LANE, LOCATED NORTH OF
WINDSOR ROAD AND TERMINATED AT LOT 3, BLQCK 1 OF TEAL POINTE
LOCATED IN "ARDEN" ADDITION. SUGGESTED DATE: AUGUST 13, 1996.
MOTION by Ahrens, seconded by Hanus and carried unanimously to set August 13,
1996, 7:30 pm, for a public hearing to consider the vacation of a 30 foot wide
platted right of way known as Cobden Lane, located north of Windsor Road and
terminated at Lot 3, Block 1, of Teal Pointe, located in "Arden" addition.
1.10 PAYMENT OF BILLS.
Hanus had a question pertaining to the payment to a resident for dock repair. Jim Fackler, Parks
Director, explained the City was going to remove a derelict dock left by a moved out resident,
instructions were given and the crew removed the wrong dock. The City had to reimburse the owner
of wrong dock removed for materials only.
MOTION made by Hanus, seconded by Jensen to authorize the payment of bills as
presented on the pre-list in the amount of $179,376.13, when funds are available. A roll
call vote was unanimously in favor. Motion carried.
1.11 TEI.ECOMMIINICATIONS - PUBLIC RIGHT-OF-WAYS
City Manager Ed Shukle indicated an information item handed out that night from the League of
Minnesota Cities with information regarding local management of public rights of way and the
possibility of losing this local control. The LMC is designing a work program and needs financing to
counter the challenge. They are asking for voluntary donations, Mound's would be $709. The Council
consensus was to discuss at the July 23, 1996 meeting.
1.12
INFORMATION/MISCELLANEOUS:
DEPARTMENT HEAD MONTHLY REPORTS FOR JUNE, 1996.
LMCD REPRESENTATIVE'S MONTHLY REPORT FOR JUNE, 1996.
LMCD MAILINGS - 1997 LMCD BUDGET WHICH RECENTLY ADOPTED BY
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Minutes - Mound City Council July 9, 1996
THE LMCD BOARD.
D. PLANNING COMMISSION MINUTES OF JUNE 24, 1996.
REMINDER: SPECIAL MEETING RE: POLICE SERVICES STUDY,
WEDNESDAY, JULY 10, 7 PM, SHOREWOOD CITY HALL. MAYOR POLSTON
AND COUNCILMEMBER JENSEN INDICATED THAT THEY WILL BE
ATTENDING.
MOTION by Jensen, seconded by Jessen and carried unanimously to adjourn the
meeting. The meeting was adjourned at 9:45 PM.
Attest: Linda Strong, Ac~ing
City Clerk
315
BILLS July 09, 1996
BATCH 6063 $ 89,839.77
BATCH 6064 89,536.36
Total Bills $179,376.13