1996-09-11MINUTES - MOUND CITY COUNCIL - SEPTEMBER 11, 1996
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, May 28, 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.
Also in attendance: City Manager Edward J. Shukle, Jr., City Attorney Curt Pearson, Finance Director
Gino Businaro and Acting City Clerk Linda Strong.
The following interested citizens were also present: Amy L. Cicchese, Mark Gileczek, Ken Berres,
Jim Robin, Peter Marino, John Wagman, Denis and Jeanine Shesterkin.
The Mayor opened the meeting.
The Pledge of Allegiance was recited.
Mayor Polston stated Councilmember Andrea Ahrens would be 15 minutes late.
Mayor Polston stated he had received several phone calls regarding the new crosswalk law recently
passed. The callers had asked if the Police Department had been enforcing the new law. He stated the
Police are enforcing the law. The City Manager, Police Chief and City Council are all supportive of
the new law. Also, overtime has been approved by the City Manager to enforce this new law for the
protection of the citizens of Mound.
1.0 APPROVE THE MINUTES OF THE AUGUST 27, 1996 REGULAR MEETING.
Councilmember Jensen stated she had abstained, along with Councilmember Hanus in the vote regarding
the City joining the Suburban Rate Authority.
MOTION by Hanus, seconded by Jensen and carried unanimously to approve the
Minutes of the August 27, 1996 regular meeting as amended.
1.1
CASE//96-44: PUBLIC HEARING - CONDITIONAL USE PERMIT FOR ZERO LOT
LINE TWIN HOME, 5514 & 5518 DRUMMOND ROAD, MARK GILECZEK, LOTS 4,
5, 14 & 15, WH .IPP..LE, PID 25-11%24 21 0025.
City Manager Ed Shukle stated the owner has applied for a Conditional Use Permit to divide an existing
two family dwelling into two single parcels of record with the party wall acting as the dividing lot line.
This may be allowed only by Conditional Use Permit in the R-2 Zoning District, subject to the
conditions set forth in the Zoning Ordinance Section 350:630, Subd. 3 & 4. In this case, the common
wall for the units was not built exactly on the lot line, therefore, a minor subdivision is also proposed
in order to modify the common lot line of the two dwelling units. The Planning Commission has
recommended unanimous approval. The applicant was present.
Councilmember Hanus stated that Park Dedication Fees were not in the resolution and they do not apply
in this case.
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Minutes - Mound City Council September I1, 1996
Mayor Polston opened the public hearing and asked if there was anyone present who wished to speak
either in favor or against this Conditional Use Permit. There was no one. He closed the public
hearing.
Councilmember Hanus moved and Councilmember Jensen seconded the recommended resolution:
RESOLUTION//96-87
RESOLUTION TO APPROVE A CONDITIONAL USE
PERMIT TO ALLOW ZERO LOT LINE TWINHOMES AT
5214/5218 DRUMMOND ROAD, LOTS 4, 5, 14 & 15, BLOCK
12, WHIPPLE, P&Z CASE g96-44.
The vote was unanimously in favor. Motion carried.
1.2
REOUEST FROM MOUND FREE CHURCH TO USE THE DEPOT AT MOUND BAY
PARK FOR THE CHURCH'S YOUTH GROUP ON WEDNESDAY EVENINGS
BEGINNING SEPTEMBER 18 THROUGH MAY 21, 1997 (EXCLUDING
WEDNESDAY OCTOBER 16TH, DUE TO THE DEPOT BEING RESERVED)
City Manager Ed Shukle stated the Mound Free Church has requested use of the Depot at Mound Bay
Park for Wednesday evenings through May, 1997. He stated another church did similar a few years
ago and there were no problems.
Councilmember Andrea Ahrens arrived at 7:45 PM.
Ken Ben'es, a spokesperson from Mound Free Church spoke with the Council. He stated the need as
the church was too small to accommodate the large group of youth. He requested a discount in the
normal fee as it would be used long term and the fee would add up. Councilmember Jensen stated that
normally there is no charge for non-profit groups. However, would the church be willing to cover the
cost of power, heat and trash? Ben'es stated they would leave it cleaner than when they arrived. He
also suggested youth volunteer activities in lieu of funds for the use of the Depot.
MOTION by Jensen, seconded by Hanus and carried unanimously to approve the
use of the Depot at Mound Bay Park for the Mound Free Church for Wednesdays
through May 21, 1997, with the exception of October 16, 1996, with no set fee as it
is a non-profit organization. A request was made for the church to cover the cost
of utilities during their use.
1.3 APPLICATION FOR A DANCE PERMIT AND TEMPORARY BEER PERMIT FOR
MOHAWK JAYCEES - ALUMNI DANCE DURING MOUND WESTONKA HIGH
SCHOOL HOMECOMING.
City Manager Ed Shukle stated the Alumni Committee of Mound Westonka High School through the
Mohawk Jaycees wants to hold an Alumni Dance, with a band for adults on Saturday, October 5, 1996
4O5
Minutes - Mound City Council September 11, 1996
in the parking lot behind the Pond Arena. They have applied for a beer permit also. Jim Robin of the
Alumni Committee spoke to the Council. He stated the game is at 3:30 on Saturday and the under age
people should be out of the area by then and they do have their own dance at the high school. He has
spoken with Police Chief Len Harrell and was informed of the need for one police officer to be there.
Robin stated there would probably be three officers/reserves present. He went on to say this is a fund
raiser for the Alumni Club and he hopes this is the first of many alumni dances planned. He stated
he would like the adult community to visibly show their support for the students and their activities.
Councilmember Jensen was pleased that the committee was sensitive about the youth and their being
elsewhere during this event.
MOTION by Ahrens, seconded by Jessen and carried unanimously to approve the
request of the Alumni Committee through the Jaycees to permit a public dance in
the parking lot of the Pond Arena and to allow the sale of non-intoxicating beer
during the event on Saturday, October 5, 1996 from 8pm - 12 am. Security will be
provided by the Mound Police Department.
1.4 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
The Council moved the next item up as an E~cecu~ve Session was proposed for the following agenda
item.
1.5
SET PUBLIC HEARINGS FOR CENTRAL BUSINESS DISTRICT (CBD} ASSESSMENT
AND UNPAID WATER AND SEWER BILLS. SUGGESTED DATE: OCTOBER 8,
1996.
MOTION by Jensen, seconded by Ahrens and carried unanimously to set October
8, 1996 at 7:30 pm for a public hearing to consider the unpaid water and sewer bill~
Assessment and the Central Business District (CBD) Assessment.
1.6
RESOLUTION APPROVING COMMENCEMENT OF CONDEMNATION
PROCEEDINGS REGARDING AUDITOR'S ROAD IMPROVEMENT PROJECT AND
LOST LAKE IMPROVEMENT PROJECT.
City Manager Ed Shukle stated the Council had directed the City Attorney to prepare documentation
to commence condemnation proceedings regarding various properties within the Auditor's Road
Improvement project and the Lost Lake Improvement project. The reason being that the needed
easements have not been acquired through negotiations and the proposed time frame is running out.
The Attorney had prepared documents and the need for an Executive Session was warranted to discuss
the upcoming Council action. The Council dismissed themselves at approximately 8:15 to Executive
406
Minutes. Mound City Council September 1I, 1996
Session.
The Council returned from Executive Session at 9:10 pm. City Attorney Curt Pearson discussed the
revised resolution he had prepared regarding condemnation proceedings to acquire easements for the
Auditor's Road and Lost Lake improvement projects of the following properties: Lindquist property,
Carlock property, Johnson property behind Carlock property, the Wagman property and the Post Office
property. He went on to say that discussions had been held with all of the owners, however, the only
agreement was a verbal one from the owners of the Post Office property. Negotiations will continue
and should agreements be reached between the City and owner, that property will be removed from the
condemnation proceedings.
Mayor Polston asked if anyone present had any questions. There were none.
Mayor Polston stressed again that if the owners of these properties wished to negotiate with fruitful
outcomes, the condemnation process on their property would cease.
Mayor Polston moved and Councilmember Ahrens seconded the following revised resolution:
RESOLUTION//96-89
RESOLUTION
PROCEEDINGS
PROPERTY.
AUTHORIZING EMINF_aNT DOMAIN
TO ACQUIRE CERTAIN REAL
Councilmember Jensen stated she is not opposed to the entire project. However, she could not vote to
condemn the entire Wagman property. She is in support of the project as it is in the best interest for
the City, project and the public. She preferred to condemn only the easement needed for the project,
not his entire property.
Mayor Polston called for a roll call vote.
The resolution carried 4-0, Councilmember Jensen voting nay.
City Attorney Curt Pearson re-emphasized that the City is willing to negotiate with any and all of these
property owners and stop condemnation proceedings if agreements were made.
1.7
PRESENTATION OF 1997 PROPOSED BUDGET AND RESOLUTION APPROVING THE
PRELIMINARY BUDGET.
City Manager Ed Shulde stated this is the tenth year he had worked with the staff to prepare the budget.
He said the City is required to follow Truth in Taxation, a law passed by the State Legislature. The
enclosed budget is a preliminary budget which includes a proposed levy and needs to be approved by
September 15, 1996. The Council also needs to set two public hearing dates and report those dates also
by September 15, 1996. The calendar was difficult as several dates were already taken by other
governmental entities. The dates of Wednesday, December 4th and Wednesday, December 1 lth have
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Minutes - Mound City Council
September 11, 1996
been selected as public hearing dates. The final budget must be certified by December 28, 1996.
Shukle then briefly reviewed the 1997 Proposed Budget with the Council. He thanked the staff for all
of the time and effort in preparing this budget.
Councilmember Hanus suggested looking into "CMED" a county program for auto fuel. He thought
there was a significant cost of fuel discount available through this program. However, he was not
aware of how to acquire this program. Shukle said he would look into this.
Mayor Polston suggested he would like to see a zero dollar increase in the 1997 Budget. He asked the
City Manager and Council to identify and reduce areas in the Budget to a $0 increase for 1997. He
wishes to send a message to the legislature to introduce a "property tax reform" bill as the property tax
issue needs to be addressed and the citizens insist upon a change. Councilmember I-Ianus agreed.
City Manager Ed Shukle stated the Council needs to adopt the preliminary Budget and set the public
hearing dates.
Councilmember Jensen moved and Councilmember Hanus seconded the following resolution:
RESOLUTION//96-90
RESOLUTION APPROVING THE 1997 PRELIMINARY
GENERAL FUND BUDGET IN THE AMOUNT OF
$2,591,760; SETTING THE PRELIMINARY LEVY AT
$1,895,080 LESS THE HOMESTEAD AGRICULTURAL
CREDIT (I:IACA) OF $490,975, RESULTING IN A
PRELIMINARY CERTIFIED LEVY OF $1,404,105;
APPROVING THE PRELIMINARY OVERALL BUDGET
FOR 1997; AND SETTING PUBLIC HEARING DATES.
The vote was unanimously in favor. Motion carried.
1.8
RE.qOLUTION APPROVING A LEVY NOT TO EXCEED $24,000 FOR THE PURPOSE
OF DEFRAYING TIlE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF
MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY
OF MOUND FOR THE YEAR 1997.
City Manager Ed Shulde stated this resolution was needed to defray the operation cost of the Mound
Housing and Redevelopment Authority of Mound for 1997.
Councilmember Jessen moved and Councilmember Hanus seconded the following resolution:
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Minutes - Mound City Council September 1 I, 1996
RESOLUTION #96-91
RESOLUT/ON APPROVING A LEVY NOT TO EXCEED
$24,000 FOR THE PURPOSE OF DEFRAYING THE COST
OF OPERATION, PURSUANT TO THE PROVISIONS OF
MSA 469, OF THE HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF MOUND FOR THE YEAR
1997.
The vote was unanimously in favor. Motion carried.
1.9
PAYMENT OF BILLS.
MOTION made by Hanus, seconded by Jensen to authorize the payment of bills as
presented on the pre-list in the amount of $240,662.31, when funds are available. A roll
call vote was unanimously in favor. Motion carried.
1.10
INFORMATION/MISCELLANEOUS:
A. DEPARTMENT HEAD MONTHLY REPORTS FOR AUGUST, 1996.
B. LMCD REPRESENTATIVE'S MONTHLY REPORT FOR AUGUST, 1996.
NOTICE FROM THE LEAGUE OF MINNESOTA CITIES RE: REGIONAL
MEETINGS. THE NEAREST ONE TO MOUND IS IN WATERTOWN, WHICH IS
SCHEDULED FOR THURSDAY, OCTOBER 17. THERE IS AN AFTERNOON
PROGRAM BEGINNING AT 2 PM. SOCIAL HOUR BEGINS AT 5 PM,
FOLLOWED BY DINNER AT 6 PM. IT WILL BE HELD AT THE WATERTOWN
CITY HALL. IF INTERESTED IN ATTENDING, LET LINDA KNOW ASAP.
INVITATION FROM THE CITY OF WATERTOWN TO ATTEND THEIR GRAND
OPENING OF THEIR NEW CITY HALL ON SATURDAY, SEPTEMBER 14TH,
10 AM - 2 PM.
Ee
REMINDER: COMMITTEE OF THE WHOLE MEETING, TUESDAY,
SEPTEMBER 17, 1996.
Fe
NOTICE FROM MIKE LOOBY, CO-CHAIR, WESTONKA COMMUNITY CENTER
TASK FORCE, REGARDING A MEETING OF THE TASK FORCE SCHEDULED
FOR TUESDAY, SEPTEMBER 17, 1996, 7:30 AM, WESTONKA COMMUNITY
CENTER REGARDING THE STATUS OF THE COMMUNITY CENTER,
ANTICIPATED SCHOOL BOARD ACTION TO DEMOLISH THE EXISTING
409
Minutes - Mound City Council September 11, 1996
CENTER AND REPLACE 1T WITH A NEW BUILDING AND POSSIBLE
INVOLVEMENT IN THE NEW BUILDING BY AREA CITIES AS IT RELATES TO
COMMUNITY FUNCTIONS, I.E., SENIOR CENTER, MULTI-PURPOSE
GYMNASIUM, ETC.
AS IN THE PAST WHERE REPRESENTATIVES FROM THE CITIES ATTENDED,
THE TASK FORCE IS ASKING THE MAYOR AND A CITY COUNCIL
REPRESENTATIVE TO ATTEND. SINCE COUNCILMEMBER JENSEN IS A
MEMBER OF THE TASK FORCE, THE TASK FORCE IS REQUESTING THAT
MAYOR POLSTON ATI'END THIS MEETING. I HOPE YOUR CALENDARS ARE
CLEAR SO THAT YOU CAN AT'FEND THIS MEETING. PLEASE LET ME KNOW
AS SOON AS POSSIBLE.
Councilmember Jessen extended her and the Council's sympathy to the family of the lady who was hit
by a cab in the mid-block crosswalk on County Road 15 on Tuesday. The crosswalk is a source of
anxiety for the Council.
Councilmember Hanus stated that two properties have taken advantage of the new ordinance for
streamlining variances.
MOTION by Ahrens, seconded by Jensen and carried unanimously to adjourn the
meeting. The meeting was adjourned a~./ __
Attest: Acting City Cl~rk
410
BILLS
September 11, 1996
BATCH 6083 $114,582.41
BATCH 6084 126,079.90
Total Batch $240,662.31