1998-06-09MINUTES - MOUND CITY COUNCIL - JUNE 9, 1998
The City Council of the City of Mound, Hcnnepin County, Minnesota, met in regular session
on Tuesday, June 9, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in
said City.
Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz
Jensen, and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr.,
City Attorneys John Dean and Karen Cole, City Clerk Fran Clark, Building Official Jon
Sutherland, City Engineer John Cameron and the following interested citizens: Michael & Kathy
Meyer, Pam Amidon, Becky Glister, Jim Regan, Ray Salazar, Scott Holter, Gregg Knutson,
Dave Osmek, Robert & Margaret Hanson, Mark Chatterton, Shale Nyberg, Vern Schwalbe, Lee
Dorholt, and Lyle Loehrs.
The Mayor opened the meeting and welcomed the people in attendance. The Pledge of
Allegiance was recited.
*Consent Agenda: All items listed under the Consent Agenda are considered to be routine by
the Council and will be enacted by a roll call vote. There will be no separate discussion of these
items unless a Councilmember or Citizen so requests, in which event the item will be removed
from the Consent Agenda and considered in normal sequence.
1.0
APPROVE AGENDA. At this time items can be added to the Agenda that are not listed
and/or items can be removed from the Consent Agenda and voted upon after the Consent
Agenda has been approved.
No items were removed or added to the Agenda.
*1.1 CONSENT AGENDA
MOTION
Weycker, Jensen, unanimously.
1.2
PROCLAMATION DECLARING JUNE 20, 1998 AS MOUND MASONIC LODGE
DAY IN THE CITY OF MOUND.
The Mayor presented the Proclamation to the following members of the Mound Masonic
Lodge: Lee Dorholt and Vern Schwalbe.
'1.3 APPROVE THE MINUTES OF THE MAY 26, 1998, REGULAR MEETING.
MOTION
Weycker, Jensen, unanimously.
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'1.4
CITY COUNCIL MINUTES - JUNE 9, 1998
SET PUBLIC HEARINGS; (SUGGESTED DATE: JUNE 23, 1998, FOR ALL
TImEE;
'1.5 FOR CASE ~8-05, MAJOR SUBDIVISION, JAMES JOHNSON/DAVE
MOORE, 4901 SHORELINE DRIVE.
· 1.6 FOR CASE tD8.28, CONDITIONAL USE PERMIT TO ALLOW TWIN
HOMES, JAMES JOHNSON/DAVE MOORE, 4901 SHORELINE DRIVE.
*1.7
FOR CASE g98-26, CONDITIONAL USE PERMIT, MOTOR FUEL
STATION TO BE LOCATED WITHIN THE B-2 ZONING DISTRICT,
JAMES SMITH/JAMES KOVACH, 1730 COMMERCE BLVD.
MOTION
Weycker, Jensen, unanimously.
*1.8
RECOMMENDATION FROM STAFF REGARDING AN ADDITION OF AN
ABUTTING DOCK SITE AT 4586 DENBIGH ROAD.
MOTION
Weycker, Jensen, unanimously.
'1.9
RECOMMENDATION FROM STAFF REGARDING THE TRIMMING OF
TREES, PUBLIC LANDS PERMIT, ADAM HAWKINSON, 1718 EAGLE LANE,
WIOTA COMMON,
MOTION
Weycker, Jensen, unanimously.
*1.10
RECOMMENDATION FROM STAFF REGARDING THE TRIMMING OF
TREES, PUBLIC LANDS PERMIT, DON SWENSON, 4857 ISLAND VIEW DR.,
DEVON COMMON.
MOTION
Weycker, Jensen, unanimously.
*1.11
RECOMMENDATION FROM STAFF REGARDING THE REMOVAL OF TREE,
PUBLIC LANDS PERMIT, RAYMOND SALAZAR, 4559 ISLAND VIEW DR.,
DEVON COMMON,
MOTION
Weycker, Jensen, unanimously.
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CITY COUNCIL MINUTES- JUNE 9, 1998
'1.12 PQLLING PLACE CHANGE.
MOTION
Weycker, Jeusen, unanimously.
*1.13 LICENSE RENEWALS: CLUB ON-SALE, SUNDAY SALES, ON-SALE WINE,
ON-SALE BEER, OFF-SALE BEER, TREE REMOVAL LICENSE AND
TRANSIENT MERCHANT LICENSE.
The following licenses are up for renewal. The license period is July 1, 1997 through June 30,
1998. Approval is contingent upon all required forms, insurance, etc. being submitted.
CLUB ON-SALE
American Legion Post//398
VFW Post//5113
SUNDAY SALES
American Legion Post//398
VFW Post//5113
ON-SALE WINE
A1 & Alma's Supper Club
House of Moy
ON-SALE BEER
Mound Lanes
OFF-SALE BEER
By the Way Snack Shop (Steve Bedell)
Mainstreet Market
PDQ Food Store
SuperAmerica
The following
MARCH 31,
submitted.
TREE REMOVAL LICENSE HAS BEEN APPLIED FOR: IT WILL EXPIRE
1999. Approval is contingent upon all required forms, insurance, etc. being
Bear Tree Service
TRANSIENT MERCHANT LICENSE
UNTIEDT VEGETABLE FARM - Mainstreet Market & Scotty B's Parking Lot (comer of
Lynwood Blvd. and County Road 110).
MOTION
Weycker, Jensen, unanimously.
270
c rr cowvc
· 1.14 PAYMENT OF BILL~,
MOTION
Weycker, Jensen, unanimously.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT,
There were none.
1.15 CONTINUED PUBLIC HEARING: STORM WATER UTILITY ORDINANCE.
The City Manager explained the background of this item.
The City Attorney reviewed the memo written by attorney Karen Cole, regarding the Council's
question of what would happen if the City failed to prepare a Stormwater Management Plan.
1. Failure would give the (MCWD) Minnehaha Creek Watershed District the power
to regulate the use and development of land in the City of Mound.
2. The Metropolitan Council could bring suit in district court to enforce the statute
requiring preparation of the plan.
The City Attorney's recommendation was not to subject the City of Mound to either of the above
sanctions.
The Mayor stated the following: "The Stormwater Management Plan is something that has been
mandated by the Legislature through the Metropolitan Planning Act and the Met Council is
charged with carrying out the Comprehensive Plan Review. The Stormwater Management Plan
is a part of that Comprehensive Plan Review. We have known for a number of years that we
would be faced with completing a Stormwater Management Plan by the end of 1998. The
Council has taken a strong position with the Legislature to curtail, unfunded mandates that the
City needs to generate more tax revenue to implement. The Mayor stated that the Stormwater
Management Plan preparation will cost approximately $50,000."
The Mayor stated that the Council takes very seriously, the equitable spreading of cost. The
sole reason the Council and Staff came up with this Stormwater Utility Ordinance is to set up
the utility where the City can spread the cost among the users that is a more fair and equitable
way of spreading the costs of treatment of stormwater and runoff and upkeep of the system. The
City is hoping that the public will realize that as stormwater management becomes more complex
and more regulations are generated, and more is required to be done, that the fairest way of
spreading this cost and insuring that single family homeowners do not get caught up in paying
a disproportionate share, is to have a user generated system in place.
The Mayor opened the public hearing.
The following persons spoke:
Mark Chatterton, 5429 Bartlett Blvd.
Pam Amidon, 1909 Lakeside Lane
Vince Forystek, 3131 Inverness Lane
Bob Schmidt, 4708 Island View Drive
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CITY COUNCIL MINUTES - JUNE 9, 1998
Becky Glister, 5008 Wren Road
Peter Meyer, 5748 Sunset Road
Bob Hanson, 5424 Bartlett Blvd.
Dave Osmek, 2160 Basswood Lane
Shale Nyberg, 2872 Highland Blvd.
Scott Nagal, 4586 Denbigh Road
The above people made the following comments:
Just tell whoever is requiring a Stormwater Management Plan no that we will not
prepare one.
Would like to see a plan before setting up the Utility and charging fees.
They want to see the stormwater cleaned up before it gets to the Lake.
The Council discussed//2 from the comments. They explained that fees would be worked on
after the plan is prepared. Setting up the utility does not generate any fees. The fees would be
set by resolution after the plan is completed. Even though a public hearing is not required to
be held on fees, there will be a public hearing before fees are set to let the public know how
much will be charged for all users of the system.
The Council discussed the following:
Having to use money from the Capital Improvement Fund for the preparation of
a Stormwater Management Plan and then paying it back when the fees are set.
Section 650:15 and requiring a public hearing before setting rates and adding this
requirement to the proposed ordinance setting up the Stormwater Management
Utility.
Section 650:25 which talks about adjustments that can be made to the basic
charges including the classifications based on unique situations such as the
differences in hardcover on residential lots.
Polston moved to adopt the ordinance setting up the Stormwater Utility with the provision that
the setting of rates would require a public hearing added to 650:15 and that Section 650:25
reflect the impetus of what was discussed on adjustments by establishing user fees based on the
amount of hardcover and the amount of stormwater being generated.
ORDINANCE g98-1998
AN ORDINANCE AMENDING CHAPTER VI OF THE CITY
CODE, MUNICIPAL SERVICES AND PUBLIC UTILITIES,
BY ADDING SECTION 650 RELATING TO STORM SEWER
SYSTEM
Councilmember Hanus seconded the motion for discussion.
The City Attorney asked if the Council wants 650:25 to say that adjustments will be
made reflecting extraordinary properties which have nonconforming and extraordinary
hardcover ratios. Councilmember Hanus stated what he had in mind was listing them
in the land uses as conforming and nonconforming. Councilmember Hanus felt that
would be clearer for someone reading the ordinance. The City Attorney suggested that
this can be done when the rates are set in Section 650:15. The Council agreed.
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CITY COUNCIL MINUTES- JUNE ~, 1998
The Council discussed setting rates when the Stormwater Management Plan is completed
and approved by the Metropolitan Council as part of the Comprehensive Plan Update.
They will then have more hard data to indicate what the rates should be.
The Council asked that the following change be made to Section 650:15:
Section 650:15. Establishing Basic Rate. In determining charges, the Council shall,
from time to time, by resolution #nd after a public hearing, establish a basic system
rate to be charged against one acre or land having and REF of one. The charge to be
made against each parcel of land shall then be determined by multiplying the REF
(Residential Equivalency Factor) for the parcel's land use classification times the parcel's
acreage time the system rate.
There was comment from the audience that what they want is a plan before anything is
acted upon, including setting up the stormwater utility.
The Council asked the City Engineer when he thought the Plan would be done and
approved. He stated it could be March or April of next year, depending on the review
process.
Councilmember Weycker stated she does not understand why this has to be adopted now
if it is likely we will not be setting rates and charging for another year.
The Mayor stated that this, at least, establishes the utility and the fact it will be based
on user fees and not property taxes to pay for and implement the plan and the operation
of the stormwater utility.
The vote was 4 in favor with Weycker voting nay. Motion carded.
1.16
CASE #91~-25: VARIANCE, SIDE YARD SETBACK, MICHAEL & KATHY
MEYER, 1748 BAYWQOD SHORES DRIVE, LOT 5, BLOCK 6, REPLAY OF
HARRISON SHORES. PID # 13-117-24 24 0016.
The Mayor explained that Mr. & Mrs. Meyer have asked that their Case, which was approved
at the May 26th meeting, be reconsidered because they do not want to remove their shed which
was a condition of approval.
MOTION nmde by Ahrens, seconded by Hanus to have Case #98-25 reconsidered
at this time. The vote was unanimously in favor. Motion carried.
The Building Official explained that the applicant applied for a sideyard and lot frontage variance
to allow modifications to a deck. The deck is conforming. The shed is located on the side
property line so it would require a variance of 6 feet. The Planning Commission recommended
approval with the condition that the shed be removed or moved to a conforming location. The
applicant was present to discuss the condition on the shed.
The applicant submitted pictures of the shed. Mr. Meyer stated that the shed is structurally
sound and because of the shape and topography of his lot it should not be moved to another
location.
273
June 9, 1998
After discussing alternative placement for the shed, the Council decided there was minimal
impact where the shed is currently located and that due to the lot shape and topography, moving
the shed would make it more visible. Therefore, they suggested the following revisions to the
proposed resolution. Add the following:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Mound, Minnesota, as follows:
1. The City does hereby grant the following variances:
A. A 16 foot lot frontage setback as recommended by the Planning Commission.
B. A 6 foot side yard setback variance for the existing shed.
The side yard setback variance is based upon the express finding that the existing
shed is functional and sound and could not be relocated elsewhere on the property
due to lot shape and topography.
MOTION made by Ahrens, seconded by Jensen to rescind Resolution g98-57. The
vote was unanimously in favor. Motion carried.
Jensen moved and Polston seconded the following resolution:
RESOLUTION #98-64
RESOLUTION TO APPROVE SIDE YARD AND LOT
FRONTAGE VARIANCES IN ORDER TO ALLOW FOR
MODIFICATIONS TO A CONFORMING DECK, AT 1748
BAYWOOD SHORES DRIVE, LOT 5, BLOCK 6, REPLAT
OF HARRISON SHORES, PID 13-117-24 24 0016, P & Z
CASE//98-25
The vote was unanimously in favor. Motion carried.
1.17 EXECUTIVE SESSION; WOODLAND POINT LITIGATION.
Councilmember Weycker excused herself from the Executive Session. The Council went into
Executive Session at 9:55 P.M. They returned at 11:20 P. M.
The City Attorney stated that they have just concluded an Executive Session to discuss providing
direction to the City's Attorneys in connection with the continuing mediation on the Bailey Case
involving Woodland Point Commons. The Session did result in direction being given to the
attorneys and the attorneys now will take that information and direction into the continuation of
the mediation sessions.
1.18 INFORMATION/MISCELLANEOUS:
A. Department Head Monthly Repons for May 1998.
274
De
~ne 9, 1998
Draft of the 1999 Proposed LMCD Budget.
Memorandum from Diane Lynch, Minnehaha Creek Watershed District Executive
Director, regarding the appointment of liaisons from the City of Mound to interface with
the MCWD Board Liaison which is Tom Maple. Who should be the liaison? My
recommendation would be to appoint the City Manager as the official liaison and then
I can communicate between the MCWD Board liaison and the City Council.' What do
you think? The Council agreed that the City Manager will be the official liaison from
the City of Mound.
Park and Open Space Commission Minutes of May 14, 1998.
Letter from Moody's Investors Service regarding the change in definitions of the ratings
used by Moody's. Mound has been given a designation of an A2 rating.
Information from West Hennepin City Managers/Administrators/City Clerks regarding
focus groups on human services planning and coordination in the West Hennepin area
and the announcement of some upcoming meetings.
1998 Salary Survey for Elected Officials as prepared by the Association of Metropolitan
Municipalities (AMM).
H. REMINDER:
I. REMINDER;
ANNUAL PARK TOUR, THURSDAY, JUNE 11, 1998, 7 P.M.
MEET AT CITY HALL. This has been cancelled because the
members of the Council cannot all attend. A later date will be set.
COMMITTEE OF THE WHOLE MEETING, TUESDAY, JUNE
16, 1998, 7:30 P.M., CITY HALL.
MOTION made by Jensen, seconded by Ahrens to adjourn at 11:30 P.M. The vote
was unanimously in favor. Motion carried.
~w~d J. Shukle, Jr., City Manager
Attest: City Clerk
275
BILLS ~June 09, 1998
BATCH 8053 $ 77,791.82
BATCH 8054 109,888.32
Total Bills $187,680.14
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