1996-07-23MINUTES - MOUND CITY COUNCIL - JULY 23, 1996
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, July 23, 1996 at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City.
Those present: Mayor Bob Polston, Councilmembers Mark Hanus, Liz Jensen and Phyllis Jessen.
Absent and excused: Andrea Ahrens. Also in attendance: City Manager Edward J. Shukle, Jr., City
Attorney Curt Pearson, Building Official Jon Sutherland, Parks Director Jim Fackler, Economic
Development Coordinator Bruce Chamberlain and Acting City Clerk Linda Strong.
The following interested citizens were also present: Joe Stibal, Chris Brandl, Tom and Sandi Effertz,
Bev Botko, Jerry Clappsaddle, Jerry Longpre, Jerry Pietrowski, Paul Meisel, Chuck Champine, Tom
Casey, Dave Willette, Ms. Katherine Zimmer-Lokken.
The Mayor opened the meeting and welcomed all in attendance.
The Pledge of Allegiance was recited.
1.0 APPROVE THE MINUTES OF THE JULY 9, 1996 REGULAR MEETING.
MOTION by Hanus, seconded by Jessen and carried unanimously to approve the
Minutes of the July 9, 1996 regular City Council meeting.
1.1 CONTINUED PUBLIC HEARING: TRIAX/DD CABLE PARTNERS PROPOSED
MERGER. (NOTE: LEGAL COUNSEL HAS ADVISED THAT WE CONTINUE THIS
HEARING UNTIL AUGUST 13, 1996, AT WHICH TIME FINAL DOCUMENTS WILL
HAVE BEEN PREPARED WHICH WILL REPORT TO YOU LEGAL COUNSEL'S
Mayor
1996.
RECOMMENDATIONS ON THE PROPOSED MERGER).
Polston stated the attorneys had requested the public hearing to be continued until August 13,
MOTION by Jensen, seconded by Hanus and carried unanimously to continue the
public hearing regarding Triax/DD Cable Partners proposed merger until August
13, 1996.
Att/ds
1.2
Jensen
time Mayor Polston requested the next four items be on a consent agenda. All of the items were
by Jensen, seconded by Hanus and carried unanimously.
CASE//96-29: VARIANCE FOR AN ADDITION, JOHN HUBLER 5816 GRANDVIEW
BLVD., LOT 1, MOUND SHORES PID//14-117-24 23 0003.
moved, Hanus seconded the following resolution as recommended:
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Minutes - Mound City Council July 23, 1996
RRESOLUTION//96-74
RESOLUTION TO APPROVE A VARIANCE RECOGNIZING
EXISTING NONCONFORMING SETBACKS TO ALLOW
CONSTRUCTION OF A SECOND FLOOR ADDITION AT
5816 GRANDVIEW BLVD., LOT 1, MOUND SHORES, PID
//14-117-24 13 0003, PZ# 96-29.
The vote was unanimously in favor. Motion carried.
1.3
CASE g96-35: VARIANCE FOR ADDITION, CHRIS BRANDLE, 4842 WILSHIRE
BLVD., LOT 4, BLOCK 1, SETON PLACE PID//24-117-24 14 0062.
Jensen moved, Hanus seconded the following resolution as recommended:
RESOLUTION//96-75
RESOLUTION TO APPROVE A LAKESIDE SETBACK
VARIANCE TO ALLOW CONSTRUCTION OF A SECOND
STORY ADDITION AT 4842 WILSHIRE BLVD., LOT 4,
BLOCK 1, SETON PLACE, PID//24-117-24 14 0062, PZ//96-
35.
The vote was unanimously in favor. Motion carried.
1.4
CASE//96-36: VARIANCE FOR DECK, JOE & GEORGIANNE STIBAL,
4723 BEACHSIDE ROAD, LOT 3 & 1/2 OF 2, BLOCK 8,
SHADYWOOD POINT, PID//18-117-23 23 0046.
Jensen moved, Hanus seconded the following resolution as recommended:
RESOLUTION//96-76
RESOLUTION TO APPROVE A SETBACK VARIANCE TO
ALLOW CONSTRUCTION OF A DECK AT 4723
BEACHSIDE ROAD, LOT 3 & 1/2 OF 2, BLOCK 8,
SHADYWOOD POINT, PID 18-117-23 23 0046, PZ//96-36.
The vote was unanimously in favor. Motion carried.
1.5 APPLICATIONS FOR PUBLIC LANDS PERMITS - BATCH//8.
42461
42511
42556
42586
42626
42691
42791
BRADLEY MILLER
CHRIS BRIGHT
TOM EFFERTZ
DEBORAH MATltEWS
RONALD MCCOMBS
WANDA STUERMAN
JAMES MILLER
4747 ISLAND VIEW DRIVE
4753 ISLAND VIEW DRIVE
4757 ISLAND VIEW DRIVE
4763 ISLAND VIEW DRIVE
4767 ISLAND VIEW DRIVE
4771 ISLAND VIEW DRIVE
4781 ISLAND VIEW DRIVE
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Minutes - Mound City Council July 23, 1996
Jensen moved and Hanus seconded the following resolution as recommended:
RESOLUTION//96-77
RESOLUTION TO APPROVE SPECIAL PERMITS FOR
PRIVATE STRUCTURES ON PUBLIC LANDS KNOWN AS
DEVON COMMON "BATCH//8" DOCK SITES 42461, 42511,
42556, 42586, 42626, 42691 & 42791.
The vote was unanimously in favor. Motion carried.
1.6 .COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.7 DISCUSSION: LINEAL FOOTAGE - CITY OF MOUND DOCK PROGRAM.
This item was delayed for a short time as the Parks Director was not yet available to report.
1.8
REQUEST FROM BABE RUTH BASEBALL LEAGUE TO MODIFY THE
BASEBALL FIELD AT PHILBROOK PARK.
City Manager Ed Shukle stated the City had received a request from the Babe Ruth Baseball League
to make modifications to the baseball field at Philbrook Park, at their expense, to allow continued use
of the field. Jim Fackler, Parks Director, agreed but requested a plan be presented to him before and
modifications occur. He also stated the Babe Ruth League has used the park for a long period of time
and no mis-use has happened.
MOTION by Jensen, seconded by Hanus and carried unanimously to approve the
modifications of Philbrook Park by the Babe Ruth Baseball League at their own
expense and subject to the Parks Department approval.
1.7 DISCUSSION: LINEAL FOOTAGE - CITY OF MOUND DOCK PROGRAM.
Jim Fackler, Parks Director, stated he had compiled the lineal footage of shoreline that is under the City
of Mound's control and utilized for the dock program. He based his information on reference to aerial
photographs, half section maps and surveys dating back to the 1970's. He only referred to the current
dock location map on a very limited basis. This information is an estimate to how close the City of
Mound's dock program is to the compliance guidelines set up by the LMCD. There are areas that could
require an updated survey. He read his statistics:
Total Estimated Lineal Footage ............................ 33,225 Ln Ft
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Minutes - Mound City Council July 23, 1996
Boat storage units (BSU'S) allowed
based on LMCD Rules and 33,225 Ln Ft ........................ 664 BSU's
Average boat count based on the past
nine years of the City Program ............................... 514 BSU's
Amount of Lineal footage required to
meet LMCD rules for 514 BSU's ........................... 25,700 Ln Ft
Lineal footage estimated above
requirement for 514 BSU's ................................ 7,525 Ln Ft
Mr. Fackler stated the LMCD did have final say, but the LMCD Director said this was a good
representation of the area. Councilmember Hanus thanked Mr. Fackler for preparing the information
he had asked for. He did come up with a different number of lineal footage as the report and will
arrange time to meet with him at city hall and review the numbers. Councilmember Jensen asked if
Longford Road had been included in the lineal footage count and it had. She also suggested that Mr.
Reese, Mound's LMCD representative receive a copy of Jim's report. Mayor Polston stated he did not
want assumptions on the actual lineal footage, he would like to see actual numbers. He suggested this
be discussed at a Committee of the Whole meeting.
1.9 DISCUSSION & RECOMMENDATION: ENVIRONMENTAL ASSESSMENT
WORKSHEET (EAW) FOR LOST LAKE IMPROVEMENT PROJECT.
City Manager Ed Shukle stated the EAW had been prepared by Bruce Chamberlain, Economic
Development Consultant/City Planner, with some input of city staff. The EAW required comments
from several organizations and these comments were included in the packet. He introduced Bruce
Chamberlain. Bruce reviewed the EAW and made some housekeeping notes on it. He stated the EAW
is sufficient and that an Environmental Impact Statement was not warranted for the project. He
recommended Action "B" with the following conditions: 1. Secondary channels from adjacent
shoreline to the main canal is a potential environmental threat. Dredging permits for the Lost Lake
project shall have a condition placed on them that secondary channels other than those existing and
proposed as part of the Lost Lake project plan dated 1996 shall be prohibited, and; 2. The RGU
(Responsible Government Unit) directs staff to work with the MPCA and Watershed District to further
explore options to the boat pull-outs to provide safe boat travel along the canal.
Chamberlain further stated the flavor of the comments received on the EAW. Seven brought up minor
modifications that can be easily handled. Two comments brought up by Tom Casey and Mrs. Zimmer-
Lokken questioned the testing methods done by Braun Intertec.
There was some discussion by Mr. Casey and Ms. Zimmer-Lokken regarding the testing methods used
and the measurement descriptions used in the reports.
Bruce commented that the testing was done, he felt, correctly and the MPCA had no objection. He also
335
Minutes - Mound City Council July 23, 1996
stated the Parks and Open Space Commission suggested that an EIS be done, and the Economic
Development Commission was satisified with the EAW. The comment time was June 3 - July 3, 1996.
Councilmember Hanus had a concern about prohibiting future dredging in Lost Lake. This sounded
good now, but what about future plans that could be developed later on? Bruce stated the intent was
to limit private dredgings. City Attorney Curt Pearson added different verbiage changing the tone of
3A in the proposed resolution to read, "It is a recommendation of this Council that future applications
for dredging permits to be issued by permitting authorities for Lost Lake, other than those existing and
proposed as part of this Lost Lake project plan dated 1996, be carefully examined by permitting
authorities to protect the environment."
Councilmember Polston moved and Councilmember Jensen seconded the following resolution with 3A
being reworded:
RESOLUTION//96-78
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOUND DETERMINING THAT, BASED ON THE
ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW)
AND PUBLIC COMMENT TO THE EAW, AN
ENVIRONMENTAL IMPACT STATEMENT (EIS) IS NOT
WARRANTED AND SOME PROJECT CONDITIONS
AND FURTHER STUDY IS REQUIRED FOR THE
LOST LAKE CANAL REHABILITATION PROJECT.
The vote was unanimously in favor. Motion carded.
1.10
SET PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE MOUND
ZONING ORDINANCE ESTABLISHING ADDITIONAL CRITERIA PERTAINING
TO NONCONFORMING USES BY AMENDING SECTION 350:420 OF THE
MOUND CODE QF ORDINANCES. SUGGESTED DATE: AUGUST 13. 1996.
MOTION by Jessen, seconded by Hanus, and carried unanimously, to set August
13, 1996 for a public hearing to consider an amendment to the Mound Zoning
Ordinance pertaining to nonconforming uses by amending Section 350:420 of the
Mound Code of Ordinances.
1.11
CONTINUED DISCUSSION: REQUEST FROM LEAGUE OF MINNESOTA
CITIES RE: LMC WORK PROGRAM FOR MANAGEMENT OF PUBLIC
RIGHTS OF WAY RELATING TO TELECOMMUNICATIONS COMPANIES AND
UTILITY COMPANIES.
City Manager Ed Shukle stated the Council had briefly discussed this at the last meeting. He
summarized the item saying the LMC is asking cities to contribute to a fund for the LMC to set up a
336
Minutes - Mound City Coundl July 23, 1996
work program to counter the challenge brought to cities regarding who has authority over the titles
rights-of-way regarding the installation of telecommunication equipment such as optic cable, etc. The
LMC is asking for only $709. Mr. Shulde recommended contributing the funds. Councilmember
Jensen indicated she would be abstaining from voting due to US West's involvement which is her
employer.
MOTION by Polston, seconded by Jessen to authorize the City Manager to
contribute $709 to the LMC to move forward with an aggressive work program and
f'mancing plan to counter the challenge of who has authority over the cities rights-of-
way regarding the installation of telecommunication equipment. The vote passed 3-
0, with Jensen abstaining. Motion carried.
1.12
RENEWAL OF A GARDEN LEASE, LEO AND BEVERLY WALLIS, 1668 CANARY
LANE.
MOTION by Jensen, seconded by Jessen and carried unanimously to approve a 10
year garden lease for Leo and Beverly Wallis of 1668 Canary Lane. The garden is
located next to their property.
1.13 PAYMENT OF BILLS.
MOTION made by Hanus, seconded by Polston to authorize the payment of bills
as presented on the pre-list in the amount of $202,129.95, when funds are available.
A roll call vote was unanimously in favor. Motion carried.
ADD-ON
1.14 VFW PICNIC
Linda Strong, Acting City Clerk, stated the VFW wants to hold a picnic in their parking lot on
Saturday, August 10, 1996. The Liquor Control Board needs to approve the extension of their license
after the Council approves it. She stated she had not talked to Chief Harrell regarding the event. She
suggested to the VFW that they fence around the parking lot for security reasons.
MOTION by Polston, seconded by Hanus and carried unanimously to approve a
permit for the VFW to hold a picnic in their parking lot on August 10, 1996,
contingent upon the Police Chief also approving the special permit.
1.15 HAWKER PERMIT FOR BLUEBELL ICE CREAM
Acting City Clerk, Linda Strong, stated that Bluebell Ice Cream sales had been approved earlier in the
year. The company failed to follow the licensing process and were not operating. Now they have
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Minutes - Mound City Council July 23, 1996
refiled, paid the correct fee and their insurance is current. This permit needs Council approval.
MOTION by Hanus, seconded by Jessen and carried unanimously to approve a 2
month Hawker Permit for Bluebell Ice Cream to sell from their truck in Mound.
1.16 RENEWAL OF SOUTHWEST DRUG TASK FORCE PARTICIPATION
City Manager Ed Shukle stated it was again time to renew our participation in the Southwest Drug Task
Force and agree to contribute up to $10,000 cash match.
MOTION by Jensen, seconded by Hanus and carried unanimously to approve
participation renewal in the Southwest Metro Drug Task Force and to contribute up
to $10,000 match for January - December, 1997.
1.17 INFORMATION/MISCELLANEOUS:
A. FINANCIAL REPORT AS PREPARED BY GINO BUSINARO, FINANCE
DIRECTOR, FOR JUNE 1996.
ANNOUNCEMENT FROM THE NATIONAL LEAGUE OF CITIES (NLC) RE:
ANNUAL NLC CONGRESS OF CITIES, DECEMBER 7-10, 1996 IN SAN ANTONIO
TEXAS. IF YOU ARE INTERESTED IN ATTENDING, PLEASE CONTACT LIN-DA
ASAP SO THAT REGISTRATION CAN BE SENT TO NLC. COUNCIL RECEIVED
BROCHURE AT LAST MEETING.
C. PLANNING COMMISSION MINUTES OF JULY 8, 1996.
D. PARKS AND OPEN SPACE COMMISSION MINUTES OF JULY 11, 1996.
1.18 EXECUTIVE SESSION
At 9:25 the Council went into Executive Session and returned at 9:35 PM. City Attorney Curt Pearson
stated he had updated the City Council as to the legal status of the Piper Jaffray Case.
MOTION by Jessen, seconded by Hanus and carried unanimously to adjourn the
meeting' The meeting was adj°urned at 9:40 P~/t ~
~ ~ C~y Manag~ ~/
Attest: Acting City Cl~rk
338
BILLS July 23, 1996
BATCH 6072 $202,129.95
Total Bills
$202,129.95
339